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Backup Documents 10/23/2012 Item #11D ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1 0 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 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#4,complete the checklist,and forward to Ian Mitchell (line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. _ 2. 3. 4. ------ 5. Ian Mitchell,BCC Supervisor Board of County Commissioners ) ‘01/2-6‘1-2- 6. Minutes and Records* Clerk of Court's Office *Please scan under US 41/Collier Blvd. Intersection Improvements (Project No. 60116) in the BMR Real Property Folder. Thank you PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.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,including Sue Filson,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Robert Bosch,ROW Coordinator,Tpt.Eng. Phone Number 252-5843 Contact Agenda Date Item was October 23,2012 Agenda Item Number 11D Approved by the BCC Type of Document ondemnation Resolutions Number of Original 21 Attached _ 22. Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency.(All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances, resolutions,etc.signed by the County Attorney's Office and signature pages from contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. 9.6 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! 6. The document was approved by the BCC on 10/23/2012(enter date)and all changes made during the meeting have been incorporated in the attached document.The County Attorney's Office has reviewed the changes,if applicable. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05,Revised 7.31.09 110 MEMORANDUM Date: October 26, 2012 To: Robert Bosch, ROW Coordinator TECM Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: 22 Condemnation Resolutions: 2012-203 thru 2012-224 Attached for your records, one copy of the document referenced above is attached, (Agenda Item #11D) adopted by the Board of County Commissioners on October 23, 2012. The original resolutions are being held in the Minutes & Records Department as part of the Board's Official Records. If you should have any questions, please call me at 252-8411. Thank you. ID RESOLUTION NO. 2012-2 0 3 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 101 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 i ; 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 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 101 TCE. 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 101 TCE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 101 TCE, 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 -Page 2- property sought to be acquired and, where less than the entire property is sought to be acquired, I D 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 101 TCE, 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 101 TCE 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 101 TCE 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- 1 1 . r This Resolution, adopted on this 23' day of O G-O0c-r , 2012, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS rr DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA/ By: C , as to Chairs p FRED W. COYLE, CHAI' 4 4 hurt oa.tt. •r: . Approved as to form and legal sufficiency: 'Jeffrey L. Hi s Outside Em' ent Domain Counsel On behalf f Jeffrey A. Klatzkow Collier Co•nty Attorney ltcm# Agenda 10 Date Date (0 (p (, Re Page 4- Deputy Cterk 110 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 2 110 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 2 110 • N rC��h� z TRACT "M-1" SCHEDULE II A .t ,4)) E s .,�- CRYSTAL LAKE TERRACES Page 1 of 1 AT EAGLE CREEK g S PB16, PG 30 0 20 40 EAGLE CREEK I '""°"' CONDOMINIUM NO. 5 GRAPHIC SCALE DECLARATION OR 1505 1" = 40' PG 1828 P UNPLATTED EAGLE CREEK COMMUNITY EXISTING RW ASSOCIATION, INC. OR 3978, PG 6 FOLIO NO. 30180160005 POC a r- a LO E .b 8 ' co vi CO S87'31'42"E 502'28'18"W 25.00' 8.23' UNPLATTED i POB TRACT "R" (EAGLE CREEK DRIVE) EAGLE CREEK COMMUNITY NO2'28'18"E ASSOCIATION, INC. o OR 3978, PG 6 50.00' o FOLIO NO. 30185040007 1°n N [V 101TCE RWGEND HT—OF—WAY 1,250 SF .4 C) OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK PG = PAGE N87'31'42"W POB = POINT OF BEGINNING 25.00' POC = POINT OF COMMENCEMENT NO. = NUMBER S.R. = STATE ROAD MA = 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 PU$LIC RECORDS OF COLLIER COUNTY, FLORIDA; • i, COURSES: THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951. THE FV..LbiitNG THREE (3) DESCRIBED 1) THENCE 504'56'15"W FOR 87.11 FEET; 6 el 2) THENCE S02'28'18"W FOR 8.23 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; 3) THENCE CONTINUE S02'28'18"W FOR 50.00 FEET; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE OF S.R. 951, N87'31'42"W FOR 25.00 FEET; THENCE NO2'28'18"E FOR 50.00 FEET; THENCE S8731'42"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 TFCM - ROW CONSTRUCTION EASEMENT JUN 1 5 201 DURATION 3 YEARS. /,y,.. MIC EL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DAT SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Awls 9.2012 942.W 19\2009\O90091.00,00 US41 &CR951 1nts,ssctlon knprovsmsnts MO CR951 RRR\9OX PWns\P1, 1—Sure \Sksteh And OescrrPOom\TCE—RW Row O,T�SJ(p 10ITCE.990 PROJECT: U.S.41/C.R.951/S.R.95 1 INC. naming Virmlivalion SKETCH AND LEGAL DESCRIPTION CONS LIT iS., . PARCEL 101TCE: TEMPORARY CONSTRUCTION EASEMENT �1 6610 W31bw Park Drhre,Salta 200 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(23 Naples,Florida :(2 s 9)597-0575 FN(:(2991597-0579 LB No,:6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE BY FILE NAME SHEET 090081.00.00 1 2 3 51S 26E l" = 40' I 6/8/12 [DRAWN R.A.K. SKD_101TCE I 1 or 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. _Wash to original docunu'nt. I he completed routing slip mid uri;;inal documents are tfi he fon+arded u( the ( mums Attorney Office at the time the item is placed fill the a,enda. 111 completed muting slips and original documents must he received ill the ( ount} %thrrnec Office no lalet- than Atondas preceding the Board nit eting. * *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 69nahlre (ir A un. t{�r... h .... N ;w.. I.... Y - -. - - --. - ...._ Route to Addressee(s) (List in routing order) nZ, willpictc ate cnecKUst, and Office forward to the C Initials Attorney Office. Date 1. app riate. Does the document require the chairman's original signature? (Initial)A 4- licable 2. October 23, 2012 Agenda Item Number 1113 3. County Attorney Office County Attorney Office i 4. BCC Office Board of County Number of Original One Attached Commissioners Documents Attached 5. Minutes and Records Clerk of Court's Office h56-3 PIUMARY CONTACT INFORMATION Normally the primary contact is the person who cmated/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff fnr ndditirmot Name of Primary Staff Deborah Farris Phone Number X5861 Contact / Department app riate. Does the document require the chairman's original signature? (Initial)A 4- licable Agenda Date Item was October 23, 2012 Agenda Item Number 1113 Approved by the BCC rovide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. Type of Document Easement Agreement Number of Original One Attached signed by the Chairman, with the exception of most letters, must be reviewed and signed Documents Attached PO number or account by the Office of the County Attorney. number if document is All handwritten strike - through and revisions have been initialed by the County Attorney's to be recorded Office and all other arties except the BCC Chairman and the Clerk to the Board INSTRIJCT10NC ,& VmVrui rc-r 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 1aJ1L) 1 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not 1. app riate. Does the document require the chairman's original signature? (Initial)A 4- licable 2. Does the document need to be sent to another agency for additional signatures? If yes, - rovide 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 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 arties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the 4- 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 djV 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. document was approved by the BCC on 10 -23-12 (enter date) and all dk 1The changes made during the meeting have been incorporated in the attached document. 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 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 PROJECT: US-41 / Collier Blvd Intersection Improvements #60116 PARCEL No(s): 101 TCE FOLIO No(s): Portion of 30185040007 TEMPORARY CONSTRUCTION AND DRIVEWAY RESTORATION EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this � day of Toth yar , 2013 , by and between EAGLE CREEK COMMUNITY ASSOCIATION, INC., a FI rida not - for - profit corporation, whose mailing address is c/o American Property Management Services, 8825 Tamiami Trail East, Naples, Florida 34113, (hereinafter referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County "). WHEREAS, County requires a Temporary Construction and Driveway Restoration Easement over, under, upon and across the lands described in Exhibit "A ", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement "); and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easement to County for the sum of: $1,000:00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing "). Said payment to Owner, payable by County Warrant or electronic funds wire transfer, shall be full compensation for the Easement conveyed, and notwithstanding County's obligations set forth in Paragraph 5, shall constitute a full and final settlement of any and all damages in connection with conveyance of said Easement to County, as well as all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents "): (a) Easement instrument; (b) Closing Statement; 110 Page 2 (c) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W -9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and /or title company. 4. Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. County shall saw -cut the existing asphalt pavement and concrete curbing within the Easement at Owner's entrance and shall tie and harmonize the new asphalt pavement and curbing with the existing asphalt pavement and concrete curbing in accordance with acceptable standards for driveway restoration. Owner acknowledges that some of the existing brick pavers, both within the existing right -of -way and beyond (but within the Temporary Construction and Driveway Restoration Easement area) will be replaced with sections of new concrete curbing and sidewalk. County shall remove many of the brick pavers within the easement area prior to pouring the new section of sidewalk, and will saw -cut the pavers for a precision -fit upon the replacement of the pavers between the new curbing and the new sidewalk. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to 'be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. 110 Page 3 (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the 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 breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien- holders and /or easement - holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien - holder or other encumbrance - holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." 10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal 110 Page 4 representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 12. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13. Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 15. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: —J 7, 2013 ATTES`'.. BOARD F N COMMISSIONERS DWIG#=1T,E,BROGO�,Clerk COLLIE O , FLORIDA Y BY: e eorgia A. Hiller, Esq. te 4 Chairwoman ,st T,;� - ty���� , AS TO OWNER: DATED: January 7 _ . ?01 Witness (Signature) Name (Print or Typ ) Witness (Signature) Wneh t .3 - ROS Name (Print or Type) Approved as to form and legal sufficiency: E F �. VVAI C +tT stant County Attorney Last Revised: 04 /20/2012 EAGLE CREEK COMMUNITY ASSOCIATION, INC., a Florida not - for - profit corporation By: G?V, �Idgwrv-- R. L. ( "Randy ") VanAlstine President 110 Page 5 I Ir ►�I�e� 11� � 0 20 0 EXH Pte. U TRACT "R" (I EAGLE CI ASSC OR FOLIO Ni LEGAL DESCRIPTION — t -ANULL 101TCE - TRACT "M-1" EXISTING RW g 0 0 U j:�6 v Y< v 8' 18"W .1 04 LEGEND RW - RIGHT -OF -WAY OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK PG = PAGE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT NO. = NUMBER S.R. STATE ROAD AKA = ALSO KNOWN AS A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 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 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG ALONG THE WESTERLY RIGHT —OF —WAY LINE OF S.R. 951. THE F�Lb1�iNG THREE (3) DESCRIBED COURSES: Ik 1) THENCE SO4'56'15 "W FOR 87.11 FEET; it v 2) THENCE S02'28'18 "W FOR 8.23 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; 3) THENCE CONTINUE S02'28'18 "W FOR 50.00 FEET; THENCE LEAVING SAID WESTERLY RIGHT —OF —WAY LINE OF S.R. 951, N87- 31 -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. MI TEMPORARY CONSTRUCTION EASEMENT DURATION 3 YEARS. A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 ATt SIGNED TECM - ROW JUN 15 2012 NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. June B. 2012 9:42 AM W \2009 \090081.00.00 US41 k CR951 Intersection Improvements And CR951 RRR \90E Plans \Ph 1 Smay \Sketch And Descriptions \TCE —RW Rw 02 \SXD_t01TCEd. PROJECT: U.S.41 /C.R.951 /S.R.951 SKETCH AND LEGAL DESCRIPTION PARCEL IO1TCE: TEMPORARY CONSTRUCTION EASEMENT PREPARED FOR: COLLIER COUNTY GOVERNMENT /BOARD OF COUNTY COMMISSIONERS JOB NUMBER I REVISION I SECTION TOWNSHIP RANGE SCALE 090081.00.00 2 3 51S 26E 1 " = 40' DA1TA�` m, CONSULTING Cvi1B*- ce mg Z \ ► TL JL 3Wmy ng & Mrppmg 6610 Willow Park Drive, Suite 200 Naples. Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LB No.: 6952 DATE DRAWN BY FILE NAME SHEET /8/12 R.A.K. SKD- 101TCE 1 1 OF 1 110 RESOLUTION NO. 2012- 2 0 4 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 102FEE1, 102FEE2, 102TCE") 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 1 10 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 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 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 102FEE1, 102FEE2, 102TCE. 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 102FEE1, 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 102FEE1, 102FEE2, 102TCE which parcel is sought to be acquired by the County. -Page 2- 110 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 ($84,430.00), 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 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 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 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- 110 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 2-3r1 day of 040 p tr , 2012, after motion, second and majority vote. ATTEST: • '' "-. BOARD OF COUNTY COMMISSIONERS DWIGI E:'B1 OCe;CLERK OF COLLIER COUNTY, FLORIDA k-01(Ct By: FRED W. COYLE, CHAIRMA *test as„to, o ignatire 004.4 Approv s o form .nd lega ffic. r� Jeffrey L. Hinds Outside Emine Domain Counsel On behalf of Je frey A. Klatzkow Collier County •ttorney Item# 1 f b Agenda in 3l(, Date Date IO/;bl(c2_ Rai Deputy Clerk -Page 4- 110 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 1 110 N x `i`'I 1$ E :CHE► LE II Page 1 • 2 UNPLATTED 0 100 200 COLDER COUNTY S89'43'38"E OR 1663, PG 289 GRAPHIC SCALE FOLIO NO. 00726720402 1" = 200' 15.04' / POB /102FEE1 9.752 SF UNPLATTED 1 0-------______KRG 951 & 41, LLC I■ OR 4167, PG 801 , d. ' FOLIO NO. 00726721809 1 1° vii in g ' O'c UNPLATTED KRG 951 & 41, LLC OR 4167, PG 805 P 6 g 4,- ,j FOLIO N0. 00725841007 g z R UNPLATTED l"----- OR 4167 KRG 951, PG 801& 41, LLC IF NO2'36'47"E FOLIO NO. 00726724301 41.53' I 1 L=102.91' R=3106.77' A=1'53'52' N87'23'13"W CB==S08'31'24"W 6.08' C=102.90' EXISTING RW LEGEND RW = RIGHT-OF-WAY OR - OFFICIAL RECORDS BOOK PB = PLAT BOOK PG = PAGE POB - POINT OF BEGINNING a\ i I NO. -NUMBER S.R. - STATE ROAD AKA - ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 102FEE1 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 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 SO8'31'24"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 NOT 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; / CONTAINING 9,752 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 1 TECM - ROW OCT 03 2012 i ___IIMilty 10312 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. Oetob=r 3,2012 11..02 AY N4\200P\090001.00.00(1501 d CRe51 Intonoetkrn bnprownwnd And CR551 RRR\SOX Ptano\PA 1—Swrq\SkdM And D=o,1,KIo .,?CE—RW Aa O4\5I(D_T02F E?.dwq !i. PROJECT: U.S.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPTION i j PARCEL 102FEE1: RIGHT-OF-WAY 9810 WNW,pax Drive.suits 200 aairviletionfrpping PREPARED FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS Fs 34109 Phone:(289))5 597.0 87-05775 5 FAX:(239)687.0578 LB No.:8952 JOB NUMBER I REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 3 , 3 51S I 26E 11" = 200' � 10/3/12 R.A.K. I SKD_102FEE1 l 1 OF 1 110 N £ �, HEDULE II ►i 7:ii ‘N : .e 2 of 2 ` ' i1iC,l E S UNPLATTED 0 100 200 COLLIER COUNTY I S89'43'38"E OR 1663, PG 289 GRAPHIC SCALE FOLIO NO. 00726720402 1„ _ 26.28' P / OB S05'33'04"W/ — 3.76' S89'43 38"E 15.04' / 507'55'00"W / 102FEE2 112.52' ' 9,058 SF UNPLATTED .-------_____KRG 951 & 41, LLC OR 4167, PG 801 FOLIO NO. 00726721809 AP NO4'11'07"E IF 578.17' ` L=452.43 R=3961.00' UNPLATTED A=6'32'40" KRG 951 & 41, LLC CB=S06'25'26"W OR 4167, PG 805 C=452.18' FOLIO NO. 00725841007 15.00 j R L=12.14' r- R=3106.77' LO 1 A=O'13'26" CB=509'35'02"W '� C=12.14' N ; I EXISTING RW LEGEND RW 4 RIGHT-OF-WAY OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK PG —PAGE POB - POINT OF BEGINNING NO.aN. I 1 S.R. = NUMBER fi S.R = STATE ROAD AKA = ALSO KNOWN AS 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 S89'43'38"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 4713'26", AND WHOSE LONG CHORD BEARS 509'35'02"W FOR A DISTANCE OF 12.14 FEET; THENCE N04'11'07"E FOR 578.17 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 9,058 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW _ fo 3 2 OCT 0 3 2012 MICHAEL : WAR[) PROFESSIONAL LAND SURVEYOR LS# 5301 DA� 1 E SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR.AND MAPPER. THIS IS NOT A SURVEY. 0otobea 2012 11:29 All W\2009\090091.0000 0541&CR051 ed«satbn Mgrowm,nl,And CR651 RRR\90Z P+m+.V4* 1-3 ,r\semen And u..w.mean,\TCE—RW R. 04\SICO_102FTc2.d.11 PROJECT: U.S.41/C.R.951/S.R.951 PIIhrPvliZinsbace SKETCH AND LEGAL DESCRIPTION D7SINC >n1 PARCEL 102FEE2: RIGHT—OF—WAY 8810 VMIow Petk Dive,Stale 200 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597-0575 nz(239)597-0578 LB No.:8952 JOB NUMBER 090081.00 00 I REVISION I SECTION N I TOWNSHIP 51 S RANGE 11 SCALE l 10 /3/12 I DRAWN R.A.K. I SKD`E102FEE2 I SHEET 1 OFD 1 110 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 2 110 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 III - Page 2 of 2 110 N J∎I`•.� r►�����F►. _ SCHEDULE IV ,l E Page 1 of 1 s 0 z0 40 t�-�-�--rrrrrYrrrrt GRAPRIC SCALE 1" - 40' UNPLATTED KRG 951 & 41, LLC OR 4167, PG 801 FOUO NO. 00726724301 S87'23'13"E 25.00' 10ZTCE 1,500 SF c NO2'36'47"E , 60.00' 47"W 60.00' a— rc 1011 ch POB c g \_N87'23'13"W "r h 25.00' fO LOT 4 N 0 WAL-MART AT ARTESA POINTE PUD PB 49, PG 14 POC LEGEND EXISTING RW RW 4 RIGHT-OF-WAY OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK PG = PAGE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT NO. = NUMBER S.R. = STATE ROAD AKA - ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 1 02TCE 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 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 S8T23'13"E FOR 25.00 FEET; THENCE S02'36'47"W FOR 60.00 FEET; THENCE N8T23'13"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 W ROW CONSTRUCTION EASEMENT JUN 1 5 2012 DURATION 3 YEARS. 71t41(14 044r -• MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LSJ/ 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. Jun.8.2012 8:7 AM W:\2009\09008t.00.00 US41 &CR951 fnI.rs.N7on improvements And CR931 RRR\904 Plans\P7' i–Surv.y\Skdch And Onddp1ws\TCE–RW Rev 02\SRO-102TCE.dng II�G PROJECT: U.S.41/C.R.951/S.R.951 . SKETCH AND LEGAL DESCRIPTION PARCEL 102TCE: TEMPORARY CONSTRUCTION EASEMENT 8810 Willow Park Drive,Suite 200 Naples.Florida 34109 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597-0575 FAX:(2391 597-0578 LB No.:8952 JOB NUMBER I REVISION I SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 2 3 1 51S 26E I 1" = 40' 6/1/12 R.A.K. I SKD_102TCE 1 1 OF 1 RESOLUTION NO. 2012- 2 5 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, "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 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 11D 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 -Page 2- property sought to be acquired and, where less than the entire property is sought to be acquired, 11D 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, 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. -Page 3- 110 AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this 23x4 day of 0 cf 06 e.r , 2012, after motion, second and majority vote. r; ATTEST:2 , BOARD OF COUNTY COMMISSIONERS DWIGI&T E.BROCIQ CLERK OF COLLIER COUNTY, FLORIDA e. : . c.,bciLti.)1/4U lQ &M Clit B j R ' FRED W. COYLE, CHAP 4 Attest as .Lo CM.� ' Jo siOnstare Approved as to form and lega :1 f ienc : U I '`- Jeffrey L. Hinds Outside Emine Domain Counsel On behalf ofJ ffrey A. Klatzkow Collier Cou y Attorney Item# 1 t 0 Agenda !0 1931 icK Date Date (b17(91 Rec'd con Deputy Clerk -Page 4- ■ 1113 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 1 .10‘. • `1ifr) ~L^~a V SCHEDULE II ` iY Page 1 0 1 0 40 80 UNPLATTED Wglirrrw KRG EAGLE CREEK III, LLC GRAPHIC SCALE OR 3605, PG 1131 1" = 80' FOLIO N0. 00726720800 o tN O L7 d � LOT 1 L=37.07` CAPRI COMMERCIAL RA=Z00.�31" CENTER NO. 2 CB=S64'46'16"E PB 49, PG 5 L OWE'S HOME CENTERS, INC C=36.86' OR 4467, PG 1996 NO3'46'45"E FOLIO NO. 25368002589 15.47' , l� POB 103FEE ��4 I 917 SF SO4.56'15'W N41-131 5"W Q 35.59' 47.50' UNPLATTED RED NAPLES HOLDINGS V, LLC OR 4712, PG 2198 FOLIO N0. 00726724107 EXISTING RW LEGEND RW RIGHT—OF—WAY OR = OFFICIAL RECORDS BOOK P = PLAT BOOK PG = PAGE POB = POINT OF BEGINNING FEE S� E N S.R. = STATE ROAD INTE I ST AKA = ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 103FEE 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 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 S64'46'16"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. 7E04 - ROW JUN 1 5 2012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 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. .lulu d 2012 10:12 ar V*\2008\090001.00.00 US41*CR951 lnterseel)on Improvements And CR951 RR0\90X Plops\Ph 1—Swwy\Sketch Md O44c6010n4\WE—SW Rev 02\s1c0—l59FFEdwe PROJECT: U.S.41/C.R.951/S.R.951 ll l � SKETCH AND LEGAL DESCRIPTION Q SriJL�'IN Hoot:edog g PARCEL 103FEE: RIGHT—OF—WAY 6610 Willow Park Drive,Suite 200 Naples.Floda 34109 PREPARED FOR: COLLIER COUNTY GOVERNMENT/I30ARD OF COUNTY COMMISSIONERS Phone:(239)597-0575n FAX:(239)597.0578 LB No.:6952 JOB NUMBER I REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 [ 3 51S 26E I 1" = 80' 1 3/13/12 I R.A.K. SKD_103FEE I 1 OF 1 1 1 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 ("ICE") 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 111n 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 III - Page 2 of 2 1 1L N ire 41,..0.\ SCHEDULE IV '114'1,10,711.1,1 Page 1 of 1 s 0 20 40 UNPLATTED == KRG EAGLE CREEK III, LLC v GRAPHIC SCALE OR 3605, PG 1131 1'' = 40' \ FOLIO N0. 00726720600 a a LOT 1 L=1.53' CAPRI COMMERCIAL L=3.56' CENTER NO. 2 R=62.00' R=100.00" _ PB 49, PG 5 A=3'17'39" 1=0'52`44" g LOWE'S HOME CENTERS, INC CB=S74'37'25"E CB=S75'49'53"E .- or OR 4467, PG 1996 C=3.56' C=1.53' 0) FOLIO NO. 25368002589 1 0) a POB a' L=37.07' CI✓ 6 NO3'46'45"E R=100.00' Vi g.iiii TEMPORARY 16.06' A=21'14'31" O3TCE CB=N64 i '46'16"W CONSTRUCTION EASEMENT 78 SF C=36.86' DURATION 3 YEARS N86'1 3'15"W POC . 5,00" S03'46'45"W 15.07' UNPLATTED EXISTING RW RED NAPLES HOLDINGS V, LLC Q, OR 4712, PG 2198 LEGEND FOLIO NO. 00726724107 RW = RIGHT-OF-WAY OR OFFICIAL RECORDS BOOK PB = PLAT BOOK PG = PAGE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT NO. = NUMBER S.R. = STATE ROAD LEGAL DESCRIPTION — PARCEL 103TCE AKA = 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: COMMENCING 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, AS SHOWN ON THE PLAT OF CAPRI COMMERCIAL CENTER NO. 2, RECORDED IN PLAT 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 PUBLIC RECORDS OF COLLIER 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. SUBJECT1Tn.EASE A NX AND RESTRICTIONS OF RECORD.. JUN 1 5 2n12 viot MICHA L A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 D SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE Be RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. June 6, 2012&16 AM W.\2009\090061.00.00 USe1 &CR951 Mte,ssaUon Myrovements And CR957 RRR\902 P%.na\PA t—SUrvep\Seeten And tlsecr7PRons\TCE—RW Rev 92\Sko_WSICE.drg PROJECT: U.S.41/C.R.951/S.R.951 DIATA �S KETCH AND LEGAL DESCRIPTION o s Na mil�C r TA. s surveying&Mtn PARCEL 103TCE: TEMPORARY CONSTRUCTION EASEMENT 8810 Wilow Park Drive,Suite 200 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)5917-075 FA)(;(239)597-0578 LB No.:6952 JOB NUMBER I REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 2 ] 3 I 51S I 26E j 1" = 40' I 6/1/12 I R.A.K. I SKD_103TCE I 1 OF 1 RESOLUTION NO. 2012- 2 0 6 111:1 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 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 11D 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 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 -Page 2- good faith estimate upon which to base a written offer of compensation to the fee owner as to the 110 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 fmal 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- 11D 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 231.4 day of 0 0 , 2012, after motion, second and majority vote. • ATTESV ° BOARD OF COUNTY COMMISSION RS DWICr T E. BROCI ,CLERK OF COLLIER COUNTY, FLORIDA By: . _ A Attest is to' C$I I1 (61 FRED W. COYLE, CHAIRMA I 0046.1tre 044* r Approved as to form and legal s 'ency: C� / Jeffre L. Hind- Outside Emi nt Domain Counsel On behalf o'Jeffrey A. Klatzkow Collier C s-•my Attorney • Item# I ADate I genda to la3 (a` Date it f a7 1 Reed c).20„arv,a4 -Page 4- Deputy Clerk 110 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 11D N r;�! ` E SCHEDULE II `t11(L'Fi Page 1 of 1 s 0 40 80 I. r— O GRAPHIC SCALE L!') g- 1. = 80' CA 3 UNPLATTED 6 UNITED TELEPHONE COMPANY ed OF FORID OR 11233 PG FLORIDA 742 FOLIO NO. 00726680005 S89'15'56"E 45.41' S03'46'45"W 2.74' POD N89'50'40'W �t 1.44' N04'11'07"E UNPLATTED 116.01' S0533'04'W COLLIER COUNTY 104FEE 113.11' OR 1663, PG 289 4,938 SF FOLIO NO. 00726720402 1489'43'38"W 41.31' 7'\ EXISTING RW UNPLATTED KRG 951 & 41, LLC OR 4167, PG 801 FOLIO NO. 00726721809 LEGEND RW = RIGHT—OF—WAY OR PG = OFFICIAL PAG£ RECORDS BOOK PB = PLAT BOOK P0B = POINT OF BEGINNING FE SIMPLE NO.INTEREST = NUMBER S.R.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 S03'46'45"W FOR 2.74 FEET; THENCE N89'50'40"W FOR 1.44 FEET; THENCE S05'33`04"W FOR 113.11 FEET; THENCE N89'43'38"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 03'Az MICHAE 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 B.2012 10:14 AM 11:\2009\090081.00.00 t7S41 &CR951 Mterosetfon Imprswments And 09951 RRR\9074 Plans\Ph i-Survey\Sketch And DsserfpIFans\TCE-RW Ibr 472\51(0_104FEE.deq PROJECT: U.S.41/C.R.951/S.R.951 DI�TA MoD SKETCH AND LEGAL DESCRIPTION o_vsu TING Ci iEBBeaing IL V tl a sag&miffing PARCEL 104FEE: RIGHT-OF-WAY 6610 Willow Park Drive,Suite 200 PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(299)597-0575rkFAX:(239)597-0579 LB No.:6952 JOB NUMBER L REVISION I SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 3 l 515 I 26E 1" = 80' 1 3/13/12 R.A.K. SKD_104FEE 1 OF 1 1113 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 1113 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 III - Page 2 of 2 1iI • F,4% SCHEDULE IV UNPLATTED Page 1 of 1 UNITED TELEPHONE COMPANY g OF FLORIDA OR 1233, PG 1742 0 20 FOLIO NO. 00726680005 GRAPHIC SCALE 1" = 40' ecd UNPLATTED COLLIER COUNTY OR 1663, PG 289 S84'26'56"E FOLIO NO. 00726720402 gg 5.00` 104TCE c3 NO5'33'04"E 100 SF <Y 20.00 /t j� S05`33'04"W PS 0 PUB 4 20.00' N84'26'56"W POC S89'43'38"E 5.00' 41.31' N 05.33`04"E 17.20' EXISTING RW UNPLATTED LEGEND KRG 951 & 41, LLC RW = RIGHT—OF—WAY OR 4167, PG 801 OR = OFFICIAL RECORDS BOOK FOLIO NO. 00726721809 PB = PAGT BOOK PG = PAGE POB = 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, COLLIER 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 PUBLIC RECORDS OF COLLIER 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 S05•33'04"W FOR 20.00 FEET; THENCE N84'26'56"W 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 TEN _ ROW CONSTRUCTION EASEMENT SUM 1 5 2012 DURATION 3 YEARS. MICHAEL A. WA PROFESSIONAL LAND SURVEYOR LS# 5301 V/TéL E NED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Jun.9,2012 8:16 AM 10\2009\090081.00.00 11541 &CR951 Infarsrefbn Improv.menfs And CR551 RRR\907[Pfons\Ph 1—Surrey\Sketch And Deaedp0ont\TCE—R*Rev 02\SKO_704TCE.dr9 PROJECT: U.S.41/C.R.951/S.R.951 1)\1 TA I�T SKETCH AND LEGAL DESCRIPTION JiQS, 7i,TI/ rut H9gt ,g g PARCEL 104TCE: TEMPORARY CONSTRUCTION EASEMENT 6610 Willow Park Drive,Suite 200 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Naples,9775rlFAX:(23 Phone:(239) FAX:(239)597.0578 LB No.:6952 JOB NUMBER I REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 I 3 I 51S I 26E I 1" = 40' I 3/13/12 I R.A.K. SKD_104TCE I 1 OF 1 11D RESOLUTION NO. 2012- 2 0 7 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 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 1 D planning options, and public safety considerations, the Board desires to exercise its right 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 105FEE1, 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 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 105FEE1, 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 -Page 2- 1jD 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 -Page 3- 1 1 0 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. This Resolution, adopted on this 23 f I day of d rf-0 6 a.r , 2012, after motion, second and majority vote. '.CFrn ATTESTI.' - : r BOARD OF COUNTY COMMISSIONERS DWIGHT E, BROGK, CLERK OF COLLIER COUNTY, FLORIDA 9 . ' ' , — : 7 B '4 A•t st W U wii t FRED W. COYLE, CHAIRMA►� ez . Approved as to form ..a legal su ':ncy: l to Jeffrey L. Hinds Outside Eminen D omain Counsel On behalf of J: frey A. Klatzkow Collier Coun Attorney Item# t I O Agenda to 10)..q Date Date ld'.Ao IlcX Reed 416-4`4^1 Deputy Clerk -Page 4- 110 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 - Pagel of 1 110 N LOT 1 RW = RIGHT—OF—WAY i CAPRI COMMERCIAL OR = OFFICIAL RECORDS BOOK ;��kI�jtN CENTER NO. 2 PB = PLAT BOOK f�►TI�.�t / PG = PAGE A as, , �t PB 49, PG 5 H POB = POINT OF BEGINNING \`4 l` LOWE'S HOME CENTERS, INC �, ! NO. = NUMBER OR 4467, PG 1996 / s I S.R. = ALSO ROAD S 0 FOLIO NO. 25368002569 TRACT p_3 AKA = ALSO KNOWN AS L = LENGTH Lilr R = RADIUS A = DELTA GRAPHIC SCALE CB = CHORD BEARING 1" = 80' ----- A I C = CHORD `'' SCHEDULE IlL Page 1 of 3 \ UNPLATTED KRG EAGLE CREEK III, LLC g LO OR 3605, PG 1131 FOLIO NO. 00726720800 v 6 vi a L=11.34' R=50.00' c, S87'32'47"E A=12'59'23" LOT 1 24.64' CB=N85'57'31"E N CAPRI COMMERCIAL a C=11.31' CENTER NO. 2 PB 49, PG 5 105FEE1 a\LOWE'S HOME CENTERS, INC OR 4467, PG 1996 NO3'46'45"E Aid 2,331 SF FOLIO NO. 25368002589 60.26' I+ , SO4'56'15"W 75.86' L=37.07' R=100.00' POB A=21'14'31" CB=N64'46'16"W C=36.86' 4, UNPLATTED RED NAPLES HOLDINGS V, LLC EXISTING RW OR 4712, PG 2198 FOLIO NO. 00726724107 FEE SIMPLE I 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 PUBLIC RECORDS OF COLUER 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 S87'32'47"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 SO4'56'15"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 /6144L''/'/- JUN 1 5 2012 45/P 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. June 8.2012 8.16 AM WA2009\090061.00.00(1541 St CR961 Mlars.ctton Improvements And CR951 RRR\90%pens\Ph 1—Survey\Meech And Gscrytions —RW Roy 02\SX0_to5FEET.d"q PROJECT: U.S.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPTION �O�I%A 1 i Smr veEngintezing rrig&Mapping PARCEL 105FEE1: RIGHT-OF-WAY 8610*Mow Park Drive,Suite 200 PREPARED FOR: COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS N59- 75riFA FAX:(3 Phone:(239)597-0575 FAX:(239)597.0576 LB No,:8952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 3 51S I 26E I 1" = 80' 1 3/13/12 I R.A.K. I SKD 105FEE1 I 1 OF 1 Ill I) N \� / • Irk.I, e�. . ��t —„t �t1 E \ ,14Pli S 0 40 80 iiii=1 rrrrYr�rr GRAPHIC SCALE LOT 1 1" = S0' CAPRI COMMERCIAL CENTER NO. 2 Sc EDULE II PB 49, PG 5 a age 2of3 LOWE'S HOME CENTERS, INC OR 4467, PG 1996 r— & FOLIO NO. 25368002589 � c3 vi g I Ni 8'17'33"E 40.80' TRACT P-3 1 105FEE2 �NO3'4fi'45"E of 654 SF 46.34' y SO4'08'23"W go 86.03' R— N85'04'47"W 9.69' POB UNPLATTED KRG EAGLE CREEK III, LLC EXISTING RW OR 3605, PG 1131 FOLIO NO. 00726720800 4 LEGEND RW = RIGHT—OF—WAY OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK a PG = PAGE POB = POINT OF BEGINNING NO. = NUMBER S.R. STATE ROAD AKA ALSO LEGAL DESCRIPTION - PARCEL 105FEE2 J.ESRELE T 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 N85-04'47"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 N18'1 7.33"E FOR 40.80 FEET; THENCE SO4'08'23"W FOR 86.03 FEET ALONG THE WESTERLY RIGHT—OF—WAY LINE 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. nal - ROW JUN 1 5 2012 P / i A-- MIC AEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DA E SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .Mmt 5.2012 8:15 AM 5(:\2009\05(1081.0000(1541 k CR951 hteraeotlen Imprwamente And CR951 RRR\WAY Plene\Ph :-Suney\Sketen Md Deiddptione\TCE-195(Rev 01 S104.105FEE2.drq IIQC. PROJECT: U.S.41/C.R.951/S.R.951 T pig SKETCH AND LEGAL DESCRIPTION CON LTt i t VAL i Surveying er Mapping PARCEL 105FEE2: RIGHT—OF—WAY 8610 WNlow Park Drive,Suite 200 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS ' Phone:(239)597-0575 FAX:(239)597-9578 LB No.:6952 JOB NUMBER I REVISION SECTION TOWNSHIP RANCE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 1 3 , 51S I 26E 1" = 80' 1 3/13/12 I R.A.K. 1 SKD_105FEE2 1 of 1 110 N i\ I f' It��I�!.ti v 4/0 i N GRAPHIC SCALE I" = 80' e SCHEDULE II Page 3 of 3 / LOT 1 CAPRI COMMERCIAL N31'36'32"E P06 CENTER 18.33' PB 31, PG 52 TJS NAPLES, LLC OR 4267, PG 3129 / FOLIO NO. 25368000028 / 105FEE3 IF 2,003 SF C 4., Iii o z°°' 2 ix LOT 1 to a CAPRI COMMERCIAL CENTER NO. 2 / PB 49, PG 5 LOWE'S HOME CENTERS, INC / OR 4467, PG 1996 FOLIO NO. 25368002589 4 EXISTING RW LEGEND RW = RIGHT-OF-WAY N85'56'42"W OR = OFFICIAL RECORDS BOOK 6.59' PB = PLAT BOOK PG = PAGE POB = POINT OF BEGINNING NO. = NUMBER FEE `MAPLE S.R. ffi STATE ROAD AKA = ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 105FEE3 INT 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 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 COLLIER COUNTY, FLORIDA, LYING ADJACENT TO THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951; THENCE SO4'11'32"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; THENCE N31'36'32"E FOR 18.33 FEET ALONG THE EASTERLY BOUNDARY OF SAID LOT 1, CAPRI COMMERCIAL CENTER (PLAT BOOK 31, PAGE 52), TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2,003 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM -° ROW JUN 1 5 2012 P1p/j3�2 MIC AEL A. WARD 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. Jun.d,2012 8:15 AM WA2009\0900=1.00.00 MI dt CR951 Int.nrecton 4nproven»nte And CR951 RRR\90X Plats\Ph t—So,v.y\Swatch And n crroeawl —RW OW 02\5110—j05vets.d,q PROJECT: U.S.41/C.R.951/S.R.951 T?� TaA � SKETCH AND LEGAL DESCRIPTION CONS `. i Surveying&Mapping PARCEL 105FEE3: RIGHT-OF-WAY 8810 Willow Path Drive,Suite 200 Naptas,Ronda 34109 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597-0575 FAX:(239)597-0578 LB No.:8952 JOB NUMBER 1 REVISION I SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 3 I 51S 26E 1" = 80' 1 3/13/12 ' R.A.K. SKD_105FEE3 i 1 OF 1 ■ 11D Schedule Ill (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 2 110 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 III - Page 2 of 2 110 N r,-- w ;��11!i��j E SCHEDULE IV \asy�if►! Page 1 of 4 S 0 20 40 UNPLATTED = KRG EAGLE CREEK III, LLC GRAPHIC SCALE OR 3605, PG 1 131 1^ = 40' N FOLIO NO. 00726720800 d EXISTING RW 58732'47"E pOg 5.00' d LOT 1 CAPRI COMMERCIAL NO3'46'45"E / POC CENTER NO. 2 5915. / N87'32'47"W PB 49, PG 5 LOWE'S HOME CENTERS, INC 1 O5TCE1 24.07' 1 o / � OR 4467, PG 1996 299 SF S03'46'45"W gm FOLIO NO. 25368002589 / 60.26' CA g tL W Vi L=3.56' R=62.00' L=1.53' 6=3'17'39" R=100.00' CB=N74'37'25"W A=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 ZR = RIGHT—OF—WAY CONSTRUCTION EASEMENT = OFFICIAL RECORDS BOOK = PLAT BOOK PG = PAGE DURATION 3 YEARS, P08 = POINT OF BEGINNING POC = 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 COLDER 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 COLLIER COUNTY. FLORIDA; THENCE N8T32'47"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, S03'46'45"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 N75'49'53"W 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. CON INING 299 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENT RE 5 TIONS OF RECORD. 5 2012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 glEIPSfGNED NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. June a 2012 6,14 AM W:\2069\990661.09.00 1134 a CR951 Intersection improwmente And CR951 RRR\90=Pions\Ph i—Sur+sy\Sketch AM Oeserptions\TCE—RN Rsv O2`1 O_105TCE1Arp T �. PROJECT: U.S.41/C.R.951/S.R.951 / PGmotog SKETCH AND LEGAL DESCRIPTION N mum wg A.♦ 11 VA. g&Mapping PARCEL 105TCE 1: TEMPORARY CONSTRUCTION EASEMENT 8910 Willow Park Drive,Suite 200 Naples,Florida 34109 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597-0575 FAX:(239)597.0579 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' I 6/ 4/12 R.A.K. I SKD_105TCE1 I 1 OF 1 1113 • 'IPA) u/cti SCHED LE IV \‘11,.44 4„,,, -qy- Page of 4 s 43 7 J 0 40 80 GRAPHIC SCALE 1" = 80' LOT 1 CAPRI COMMERCIAL POC CENTER PB 31, PG 52 TJS NAPLES, LLC EXISTING RW OR 4267, PG 3129 LEGEND FOLIO NO. 25368000028 RW = RIGHT-OF-WAY OR - OFFICIAL RECORDS BOOK in PB = PLAT BOOK h PG = PAGE ><i POB se POINT OF BEGINNING 0 POC = POINT OF COMMENCEMENT NO. = NUMBER S.R. = STATE ROAD (V AKA = ALSO KNOWN AS \ N85'56`42"W 7.09' LOT 1 S85'56'42"E CAPRI COMMERCIAL 60.00' CENTER NO. 2 L a PB 49, PG 5 NO3'46'45"E r (3) $ LOWE'S HOME CENTERS, INC 70.00' POB OR 4467, PG 1996 ' 6 FOLIO NO. 25368002589 / (/j S03'46'45"W 105TCE2 70.00' 4,200 SF 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 LINE OF S.R. 951; THENCE SO4'11'32"W FOR 203.75 FEET ALONG THE WESTERLY RIGHT-OF-WAY LINE 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 585'56'42"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 - ROW CONSTRUCTION EASEMENT JUN 1 5 2012 DURATION 3 YEARS. 401 ICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATt SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Jun.8.2012 roars Nr W\2009\090081.00.00 11541 k CR951 Intas.eUoh rn+prowrnents And CR951 RRR\90X Pl.ns\Ph ,—Survey\Sketch And Os.egpllohs\TCe—RW Rev O2 5K1_105ICE2.dwq Vlsoulksidian PROJECT: U.S.41/C.R.951/S.R.951 D� lAc� Planning SKETCH AND LEGAL DESCRIPTION CONS �1 i \d PARCEL 105TCE2: TEMPORARY CONSTRUCTION EASEMENT 8810 Willow Park Drive.Salle 200 Nes,PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597-05751 FAX:(2 9)597-0578 LB No.:6952 JOB NUMBER I REVISION TION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 2 I SEC 3 I 51S I 26E I 1" = 80' I 6/4/12 I R.A.K. SKD_105TCE2 I 1 OF 1 1D N Bier SCHEDULE IV l!► IiS• w g,, ,;,,, Page 3 of s o g 0 30 60 r a 1 lrrl� rn GRAPHIC SCALE 1" = 60' ) ry 0 LOT 1 EXISTING RW i CAPRI COMMERCIAL CENTER N0. 2 585'56'42"E PB 49, PG 5 5.00' I LOWE'S HOME CENTERS, INC iv OR 4467, PG 1996 , FOLIO NO. 25368002589 ^1 In og / o� o z (o r) / N 18'17`33"E i 105TC E3 / 40.81• ti-j 821 SF TRACT P-3 l 518'17'33"W /1"..---- 40.80' -___ NO3'46'45"E ,! 503'45'45"W 46.87' / 46.34' TEMPORARY Cli POB CONSTRUCTION EASE N85'04'47"W POC DURATION 3 YEARS 5.00' N85 04'47"W UNPLATTED 9.69' LEGEND KRG EAGLE CREEK III, LLC RW = RIGHT-OF-WAY = OFFICIAL RECORDS BOOK OR 3605, PG 1131 PB = PLAT BOOK FOLIO NO. 00726720800 PG = PAGE POB = POINT OF BEGINNING POC - POINT OF COMMENCEMENT NO. = NUMBER S.R. = STATE ROAD ir AKA = ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 105TCE3 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 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. ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951; THENCE N85"04'47"W FOR 9.69 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605. PAGE 1131, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; 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 N04'00'59"E FOR 76.49 FEET THENCE S8556'42"E FOR 5.00 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951; THENCE SO4'00'59"W FOR 77.12 FEET. ALONG SAID WESTERLY RIGHT-OF-WAY LINE; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE, S18'17'33"W FOR 40.80 FEET; THENCE S03'46'45"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 3jAz JUN 15 ?0t2 Vg,t MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 A SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Jon.e.2012 R:13 AM W:\2009\090081.00.00 US41 8 CR951 h,Mrs.ctlon hnorov.m.nf•And CR951 RR/4\90X Plan\Ph r-Survsy\SWtch Md 0444,0lo.A ACE-RW R•v 02lSg0_10510079.9 PROJECT: U.S.41/C.R.951/S.R.951 PIATA:Tirrna S TIsail SKETCH AND LEGAL DESCRIPTION i t V tL Sunning&Mss PARCEL 105TCE3: TEMPORARY CONSTRUCTION EASEMENT 6810 Willow Park Drive,Sidle 200 Naples.Florida 34109 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597-0575 FAX;(239)597-0578 LB No.:6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 ` 0 I 3 I 51S 26E I 1" = 60' 6/4/12 I R.A.K. I SKD_105TCE3 1 OF 1 \ & SCHEDULE IV --'�fr Page 4 of 4 N l`,=`•'�� ) E `� 61bk GRAPHIC SCALE i I A S31'36.32"W 18.33*-- I LOT 1 Pp: I CAPRI COMMERCIAL N31•36'32"E POC TEMPORARY CENTER 10'71' PB 31, PG 52 /{1 I ,,,,._ exisT04G RW CONSTRUCTION EASEMENT / TJS NAPLES, LLC DURATION 3 YEARS. OR 4267. PG 3129 � ! FOLIO N0. 25368000028 f// � i ,,I 'r 105TCE4 .z, ^1 914 SF l' .6-'1,4 i /INN. NNNID f f/ ,.dam J I SQ3'46'45"W LCC & I z°0 187.49' { I l i II i LOT 1 N55'56'42"W j 1 CAPRI COMMERCIAL 5.00' CENTER NO. 2 I PB 49, PG 5 LEGEND I RW = RIGHT-OF—WAY LOWE'S HOME CENTERS, INC i OR = OFFICIAL RECORDS BOOK OR 4467, PG 1996 ( PB = PLAT BOOK FOLIO NO. 25368002589 I PG = PAGE I POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT NO. = NUMBER • /'� i S.R. = STATE ROAD / AKA = ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 105 CE4 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 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 COLLIER 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 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S31'36'32'W 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, S03'46'451,1 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 JUN 1 5 2012 11 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 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. •ws A ram 6.1 AM k612009}090091.00.00 US61*CR65 r lntensctio"h+P,owm,NS And CR95t RRR\906 PM*\Ph f—Sw..p\5hM And O.. Toni}ICf—RW Rev Ot\SKR1951174,. . PROJ ECT: U.S.41/C.B.951/S.R.951 RSKETCH AND LEGAL DESCRIPTION &> PARCEL 105TCE4: TEMPORARY CONSTRUCTION EASEMENT 8610 WOW Perk Drive,Suite 200 Naples,Florida 34109 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597-0575 FAX:(299)597.0578 LB Ne.:6952 JOB NUMBER I REVISION SECTION TOWNSHIP RANGE SCAL_ DATE". DRAWN BY FILE NAME SI-fiD_T 090081.00.00 0 l 3 515 26E 1" = 60' 6/5/12 R.A.K. 1 SKD_105TCE4 1 OF 1 1 1 13 RESOLUTION NO. 2012- 2 0 8 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 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 considerations, the Board desires to exercise its ri ht L' planning options, and public safety co g 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 -Page 2- 1113 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 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 as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to fmal 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 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- 110 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 2 3r day of ©c'Ed 6z-r , 2012, after motion, second and majority vote. ATTES �, BOARD OF COUNTY COMMISSIO ERS DWI T E RO K, CLERK OF COLLIER COUNTY, FLORIDA 4 By • !.A A tt:is to Chaim* t FRED W. COYLE, CHAP iN .}i 01i ttpr t 4111-. • Approved as to fo and lega icienc . Jeffrey L. H' ds Outside E -went Domain Counsel On beha 'of Jeffrey A. Klatzkow Collier ounty Attorney Item# 11 Agenda 0 gal/P. Date i Date (0 1214(v.la___Recd -Page 4- Deputy Clerk 119 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 1 110 N ��ill�.\ w (1.-1 ....1 E UNPLATTED CHEDULE II ., ►. H&V REALTY b r se 1 of 1 CORPORATION S OF BROOKLYN, INC. 0 40 80 OR 4289, PG 1246 ' � FOLIO NO. GRAPHIC SCALE 00724800007 1" = 80' S87'31`47"E 48.95' // R 106FEE 9,241 SF LEGEND SO3'46'45"W RW = RIGHTa1F-WAY b 81.66' OR = OFFICIAL RECORDS BOOK cc> PB = PLAT BOOK 6p PG = PAGE o) N86'13'15"W POB = POINT OF BEGINNING Lu NO. = NUMBER a 5.00' S.R. = STATE ROAD N ■o & AKA = ALSO KNOWN AS r— t UN PLATTED a o UNITED TELEPHONE ch $ z ,n COMPANY r OF FLORIDA v OR 1233, PG 1742 r0 FOLIO NO. 00726680005 POB R / N89'15'56'W 45.41' UNPLATTED COLLIER COUNTY OR 1663, PG 289 EXISTING RW FOLIO NO. 00726720402 D' -R fFEE 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 NO4'11'07"E FOR 198.60 FEET ALONG THE EASTERLY RIGHT—OF—WAY LINE OF S.R. 951; THENCE S8731'47"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 S03'46'45"W 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, TO 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 /(ittg/ MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LSj 5301 LATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Juno 8.2012 tali AM w\2oo9\09008,.00.00 0541 &CR951 btsrasetran Improvements And CR951 RRR\90R Plow\Ph r—survey\$lstcn And Ooscrfplkeo\CE—RW Roe 02\S t06FEEdsy iDIC. PROJECT: U.S.41/C.R.951/S.R.951 > SKETCH AND LEGAL DESCRIPTION CQNk " Nr Su i` ,� fiare7m9 ac Mks PARCEL 1 OBFEE: RIGHT—OF—WAY 6610 Mow Park Drive,Suite 200 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Naples.514 597-0575 FAX: 23 Phone:(239)597-0575 FA7(:{239}597-0576 LB Na:6952 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 26E [ 1" = 80' 1 3/13/12 I R.A.K. I SKD_106FEE I 1 OF 1 11D 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 2 110 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 III - Page 2 of 2 , . 119 N R . r `,1—. SCHE ULE IV 0.414_`( Pag 1 of 1 s 0 20 40 1 ad GRAPHIC SCALE 1° = 40' 586'13'15"E 10.00' 106TCE $50 SF,Ji UNITED TELEPHONE COMPANY a OR 1233, PG 1742 fY z to FOLIO NO. 00726680005 i POB I NO3'46'45"E ± N86'13'15"W 30.64'1 10.00' 1 S89'15'56"E I POC 45.41' R R- UNPLATTED COLLIER COUNTY LEGEND OR 1663, PG 289 RW = RIGHT—OF—WAY FOLIO NO. 00726720402 OR - OFFICIAL RECORDS BOOK PB = PLAT BOOK PG = PAGE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT NO. = NUMBER S.R. = STATE ROAD AKA = ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 1 06TCE 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 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 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 S86'13'15"E FOR 10.00 FEET; THENCE SO3'46`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 1 5 2012 DURATION 3 YEARS. 6,,,,h. MIC A 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 8,2012 Al2 AM 110,2009\O90091.00.00 v541 &CR951 Mten even improvements And CR951 RRR\9OR Ptone\Ph 1—Survey\Sketee And Oeeertptbme\TCC—RW Rev 02\8K0_1081174pvp � IDl( PROJECT: U.S.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPTION .1.°4.1 DVIAT l I. aSuriveytagEggineicwingMai:Ipkig PARCEL 106TCE: TEMPORARY CONSTRUCTION EASEMENT 6610 Willow Park Dave.Suite 200 (23 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Naples.Florida Phone:(239)597-0575 FAX(239)597-0578 LB Na:6952 JOB NUMBER 1 REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 I 3 51S 26E 11" = 40' 1 3/13/12 I R.A.K. I SKD_106TCE I 1 OF 1 111 RESOLUTION NO. 2012- 2 0 9 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 1113 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 107FEE, 107TCE1, 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 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. -Page 2- 110 .� 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. -Page 3- 1113 �. 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 art°'( day of 0e-fc76 - , 2012, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIO, ERS DWI I El-1 '( K, CLERK OF COLLIER COUNTY, FLORID• , <' By: A......cLi ft as to Ct FRED W. COYLE, CHAIRM•ri Approved as to form and legal sufficienc 6 / / Jeffrey L. Ind. Outside Emin'nt Domain Counsel On behalf o effrey A. Klatzkow Collier Co ty Attorney Item# 1 ( " Agenda �„ __ ��Z Date .�. Date (0 I moil Recd ci.V^-44-a l -Page 4- Deputy Jerk 110 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 . 110 N ire f:._ 1 A� S CAPRI COMMERCIAL SCHEDULE II CENTER NO. 2 Page 1 0 1 PB 49, 5 0 40 80 LOWE'S HOME E CENTERS. INC / OR 4467, PG 1996 FOLIO NO. 25368002589 t' GRAPHIC SCALE i` 1" = 80' TRACT P-3 I -- S85'04'47"E EXISTING RW 9.69' / POB UNPLATTED -cc: /. S NN KRG EAGLE CREEK III, LLC ^ / g r` a OR 3605, PG 1131 / o° in E FOLIO N0. 00726720800 / `~ CA a 4D g! t7 (3 N49'31'04"E o/o a 21.84' z/ 'a i NO3'46'45"E nor 10.02' P 107FEE ' 4 2,090 SF N-.4 N87'32'47"W 24.07' aJ UNPLATTED RED NAPLES HOLDINGS V. LLC LEGEND OR 4712, PG 2198 FOLIO N0. 00726724107 RW :R RIGHT-OF-WAY OR - OFFICIAL RECORDS BOOK PB = PLAT BOOK rPG = PAGE I POB = POINT OF BEGINNING p� NO. = NUMBER FEE SIMPLE i 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 COLUER 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 504'08.23"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 585'04'47"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 152012 A/1/014 //. /-f-- MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 AT SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Juno 0.2012 tern;AM W.•\2009\090081.00.00 0541 &CR95f hdom,cVon tmproror"ontt And CR951 RRR\90X wont\Ph 1—Sinroy\Skotch And Oaawipfkns\TCE—RW R. 02\SKD_109FEE.dip• PROJECT: U.S.41/C.R.951/S.R.951 t7� NC SKETCH AND LEGAL DESCRIPTION p1A .CIVII agitating T i Ming&Mapping PARCEL 107FEE: RIGHT-OF-WAY 8810 Wllow Park Drive.Suite 200 Naples.Florida 94109 PREPARED FOR: COMER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597-0575 FAX:(239)597-0578 1.914o.:6952 JOB NUMBER 1 REVISION I SECTION I TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 3 51S I 26E 1" = 80' I 3/13/12 l R.A.K. SKD_107FEE l 1 OF 1 4 11D 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 2 110 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 III - Page 2 of 2 110 N r.e,„VP`-s. SCHEDULE IV ' Page 1 of 2 s 0 20 4o GRAPHIC SCALE 1" = 40' UNPLATTED KRG EAGLE CREEK III, LLC OR 3605, PG 1131 FOLIO NO. 00726720800 o�+ EXISTING RW NNNN a 107TCE1 49 SF S86'13'15"E 5.00' x NO3'46'45"E S03'46'45"W 9.79' 9.67' Vi N8732'47"W POC 5.00' , .. LOT 1 N87'32'47"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 = OFFICIAL RECORDS BOOK PB = PLAT BOOK PG = PAGE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT NO. = NUMBER LEGAL DESCRIPTION — PARCEL 107TCE1 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 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 COLLIER COUNTY, FLORIDA; THENCE N87'32'47"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 S86'13'15"E FOR 5.00 FEET; THENCE S03'46'45"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 JUG! 5 2812 A1-47 DURATION 3 YEARS. (1 /�j2 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 A SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Juno 8.2012 Sill AM Wr\2069\090097.00.00 US41 6 CR951 Mtm.tlion knpfovemeMS And CR931 RRR\9oR Rkans\Ph i—Survey\Sketch And 0eec,iptions\7CE—RAY Row 07\SK0-107TCEl.d g INC. PROJECT: U.S.41/C.R.951/S.R.951 Pfm� Visualization SKETCH AND LEGAL DESCRIPTION c CND Hogl000nng PARCEL 107TCEI: TEMPORARY CONSTRUCTION EASEMENT 6610 Willow Park Drive,Suite 200 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)97-05751 FAX:(239)597-0578 LB No.:6952 JOB NUMBER 1 REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET • 090081.00.00 2 l 3 I TO 51S I 26E 1 1" = 40' I 6/6/12 R.A.K. I SKD_107TCE1 I 1 OF 1 110 N SCHEDULE IV ��%�,N LOT 1 Page2of2 w Iis=-;( I E CAPRI COMMERCIAL ��� !f! CENTER NO. 2 PB 49, PG 5 S LOWE'S HOME CENTERS, INC 0 40 80 OR 4467, PG 1996 / I'"°"'°"" . 1 FOLIO NO. 25368002589 s EXISTING RW GRAPHIC SCALE /4 I 1" = 80' TRACT P-3 I 585'04'47"E + 5.00' ~ �` ~ --�F'1 N85'04'47"W a v 4 9.69' UNPLATTED KRG EAGLE CREEK III, LLC 0 POBPOC OR 3605, PG 1131 \ FOLIO NO. 00726720800 & \' NO3'46•45"E t S03'46'45'W 180.95' 0 175.98' 107TCE2 cd ° 892 SF a ` i , co i,, ' o , d 7 S49'31'04rW N.4 6.98' UNPLATTED RED NAPLES HOLDINGS V, LLC LEGEND OR 4712, PG 2198 RW = RIGHT-OF-WAY FOLIO N0. 00726724107 OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK i' PG = PAGE P0B - POINT OF BEGINNING NO. = NUMBER S.R. = STATE ROAD AKA = ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 107TCE2 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 NORTHEAST 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, 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 OF STATE ROAD 951; THENCE N85'04'47"W FOR 9.69 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3605, PAGE 1131 OF THE PUBLIC RECORDS OF COLDER COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE LEAVING SAID NORTHERLY BOUNDARY, S03'46'45"W FOR 175.98 FEET; THENCE S49'31'04"W FOR 6.98 FEET; THENCE NO3'46'45"E FOR 180.95 FEET, TO A POINT ON SAID NORTHERLY BOUNDARY; THENCE S85'04'47"E FOR 5.00 FEET ALONG SAID NORTHERLY BOUNDARY, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 892 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY TECM - ROW CONSTRUCTION EASEMENT JUN 1 5 2012 DURATION 3 YEARS. ✓uch- L (1I5�I)x MIC L A. WARD PROFESSIONAL. LAND SURVEYOR LS# 5301 DATE1SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Ante 13,2012 4:15 PM W;\2009\08000t,00.00 IA541 a CR951 Intersection hnprovement§And CR951 RRR\BOX Pbna\PA r-Swvgy\SWatoe Md 0.=,MUo=\7CE-RW R.02\SKD_TD7TCE2,dwq PROJEC T: U.S.41/C.R.951/S.R.951 RNITI16114°131.21111111-SKETCH AND LEGAL DESCRIPTION ,, Ni i s PARCEL 107TCE2: TEMPORARY CONSTRUCTION EASEMENT 6610 Wibw Park Drive.Suke 200 Naples,Florida 34109 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:1239)597-0575 FAX:(2391597-0578 LB No.'6952 JOB NUMBER I REVISION 1 SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 0 3 I 51S I 26E 1" = 80' 6/8/12 R.A.K. I SKD_107TCE2 I 1 OF 1 ` RESOLUTION NO. 2012-210 1 1 0 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 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 110 H 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 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 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. -Page 2- 1 108FEE 108TCE1 108TCE2, whiCtf 1 D Having previously obtained an appraisal of Parcel , 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. -Page 3- 110 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,231' day of O er , 2012, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGKFt.BROCK,KLERK OF COLLIER COUNTY, FLORIDA By: "--74—A—ei..kcj FRED W. COYLE, CHAIRMAN MAO it to q#1..raw signasre Approved a o form and legal s y: t Jeffrey L. Hinds Outside Eminent D.main Counsel On behalf of Jeff,-y A. Klatzkow Collier County •ttorney Item# 116 Agenda Date 10 19.24 Date o Reed t=#C211p2 Deputy Clerk -Page 4- 110 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 lift N \ n, r; �i! .� E SCH ULE II �L�� r `S Page f 1 s R�9 /cy� 0 40 80 N35'43'00"E S54'20'47"E 4 }' 83.58' 7 GRAPHIC SCALE 49.97' N, 1" = 80' 108FEE 22,341 SF S39'26'27"W 39.30' S 15'03'34"W 29.06' cq CD vi S03'46'45"W UNPLATTED H&V REALTY o 120.69' CORPORATION o OF BROOKLYN, INC. OR 4289, PG 1246 CO S86'13'15"E FOLIO NO. CN 5.00' 00724800007 d- rn 00 o in EXISTING RW 0 UNPLATTED POB R KOR 4567&PG1�805C N8731'47"W FOLIO NO. 00726280007 67.12' UNPLATTED LEGEND UNITED TELEPHONE RW = RIGHT-OF-WAY COMPANY OR = OFFICIAL RECORDS BOOK OF FLORIDA P8 = PLAT BOOK FEE SIMPLE OR 1233, PG 1742 PG = PAGE FOLIO NO. POB - POINT OF BEGINNING INE€ I $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, COLLIER 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 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 142, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE NO2'28'03"E FOR 292.80 FEET; 2) THENCE N35`43•00"E FOR 49.97 FEET; THENCE S54'20'47"E FOR 83.58 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE S39'26'27"W FOR 39.30 FEET; THENCE S15'03'34"W FOR 29.06 FEET; THENCE SO3'46'45"W FOR 120.69 FEET; THENCE S86'13'15"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 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N8T31'47"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 JUL 102012 9�/O�f Z MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 Ia11TE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. July 10,2072 11:30 AM W:\2009\090O8LO0.00 U541 a CR951 intersection Improvements And CR951 RRR\90x Plonu\Ph t—Survey\Skstch And Descriptions\ICE—RW Rev 02\SKD_tO8FEEdwg INC PROJECT: U.S.41/C.R.951/S.R.951 DIVA Pittolog Vbautlizattan SKETCH AND LEGAL DESCRIPTION CONS TA i Sunning&14.6ppin* PARCEL 108FEE: RIGHT—OF—WAY 6610 Willow Park Drive.Sure 200 Nes,PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597-05751 FAX:(239)597-0576 LB No.:6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 3 51S 26E 1" = 80' 3 13 12 R.A.K. SKD_108FEE 1 OF 1 110 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 2 110 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 III - Page 2 of 2 110 N I I SCHEDULE IV i B r ��, ` E . Page 1 of 2 20 20 0 40 tY ==ei rl !YrI F GRAPHIC SCALE 2 UNPLATTED H&V REALTY CORPORATION 'n c I OF BROOKLYN, INC. OR 4289, PG 1246 .4- ' FOLIO NO, 00724800007 N ' d'(Y i —0 I Jce Uq ■ Q Qz Lt') g S86'13'15"E 8.00'- / it:ii ; Li 0 I I'p 108TCE1 4, o NO3'46'45"E 320 SF / re 40.00' , S03'46'45'1M NOS 46'45"E POB 40.00' I 8.54' I.______ 58731'47" 0 / POC ! 67.12' N86'13'15"W t-----------...___..._,/ 8.00' I EXISTING R UNPLATTED I UNITED TELEPHONE COMPANY OF FLORIDA 1 OR 1233, PG 1742 FOLIO NO. 00726660005 \ I T LEGEND TEMPORARY OR = ORIGHT-OF-WAY RECORDS BOOK IPe = PLAT BOOK EASEMEN .= PAGE OF N f B BEGINNING I DURATION 3 YEARS.S R.=SATE ROAD AKA = ALSO KNOWN AS • LEGAL DESCRIPTION — PARCEL 108TCE1 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 "PARCEL 142" ORDER OF TAKING AS DESCRIBED IN OFFICIAL RECORDS BOOK 1458, PAGE 1244 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SB7'31'47"E FOR 67.12 FEET ALONG THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED tN OFFICIAL RECORDS BOOK 4269. PAGE 1246 OF THE PUBLIC RECORDS OF COLLIER 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.DO FEET; THENCE S03'46`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 1 6 2012 e Ntt MIC WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DA SI NED NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Atom P.2012 11ix 241 1242002‘00000,-00,00 0241 I CR05t b.te.,.aua"°010,611,"a1*A'4 0002I wm\00x po,AAR'1-50"..Y sisrca.a,a 0,4140041V024112 RA'031970—108IMa.9 PROJECT: U.S.41/C.R.951/S.R.951 � SKETCH AND LEGAL DESCRIPTION ' T l i/A24%,Plargizetkaanginuan PARCEL I DBTCE I: TEMPORARY CONSTRUCTION EASEMENT 6810 Willow Park Drive,Suite 2 t Ali PREPARED FOR COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:Ia39 5917-0675 FAX:(234)597-0578 13 No.:6952 FI JOB NUMBER 090081.00.00 ( RE`12SION I SECTION TOWNSHIP IP r 6EE J SCALE 40' 1 6/8 '12 DRAWN RA.K. 1 SKD E108TCE1 , 1 SHEET 1 N " fro���►�1,r E SCHEDULE IV Page2of2 0 20 40 I""'"''"'"'-irrYrrYr W rl GRAPHIC SCALE 1" = 40' & �e t- iy EXISTING RW r, 62.1,,9r N35'39'13"E 41(.�� 5.00' 40, S54'20'47"E 108TCE2 ��-, 40.00' 200 SF 11/■ Poe N54'20'47"W 40.00' -A, 6¢9 S35"39'13"W 1."0' 5.00' POC UN PLATTED H&V REALTY CORPORATION OF BROOKLYN, INC. OR 4289, PG 1246 FOLIO NO. 00724800007 UNPLATTED KRG 951 & 41, LLC LEGEND OR 4167, PG 805 RW = RIGHT-OF-WAY FOLIO NO. 00726280007 OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK PG = PAGE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT NO. = NUMBER S.R. = STATE ROAD J AKA = ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 108TCE2 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 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 COLLIER 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 LINE OF U.S. 41, S35'39'13"W FOR 5.00 FEET; THENCE N54'20'47"W FOR 40.00 FEET; THENCE N3539'13"E 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 TECH - ROW CONSTRUCTION EASEMENT JUN 1 5 2W2 AAR- DURATION 3 YEARS. 6://0 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. Jun.a 2012 9.09 AM&:\poo9\o9oo91.ao.00 usat&CR9s1 Mbrr.etwn lrnp uw.rent.Arta cnssr RRR\9ox r14n.\P9 i—Sarver\5keten And Descriptions\TM—FM Rev ozis+ct!_IOerCEZ dwg 11NC. PROJECT: U.S.41/C.R.951/S.R.951 pia T SKETCH AND LEGAL DESCRIPTION 1 ring N, ova Enstneesing Mapptag PARCEL 108TCE2: 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.:6952 JOB NUMBER I REVISION I SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 0 3 , 51S I 26E 1" = 40' 6/6/12 I R.A.K. 1 SKD_108TCE2 1 OF 1 110 RESOLUTION NO. 2012- 211 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 109FEE") 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 110 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 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 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 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 109FEE which parcel is sought to be 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- 11D 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 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 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- 1113 This Resolution, adopted on this 23rd day of 0 c 6r` , 2012, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS WIGHT E. BROC , CLERK OF COLLIER COUNTY, FLORIDA • By 7`_J'--5X/(,\J A'aliO4i MOM, 0 FRED W. COYLE, CHAIRMA ;119111 :484, Approved as to form and legal su 'ency: C.) / r•. Jeffry L. Hin, Outside Emi ent Domain Counsel On behalf. Jeffrey A. Klatzkow Collier Co.my Attorney • Item# J_LJ Agenda Date Date (..9*( Re 'd -Page 4- Deputy Clerk 110 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 11D N SCHED4LEII ,.iii• Pat 1 of 1 S so soS GRAPHIC SCALE /y >• so r, �,qr LEGEND 41r RW - RIGHT—OF—WAY OR - OFFICIAL RECORDS BOOK PB - PLAT BOOK PG - PAGE POB - POINT OF BEGINNING NO. - NUMBER STATE ROAD LOT 2 AKA - ALSO KNOWN AS /4., CAPRI COMMERCIAL CENTER REPEAT PB 35, PG 85 RW TJS NAPLES, LLC OR 4267, PG 3129 FOLIO NO. 25368002026 N70'13'06"E 9.72' ;°" 109FEE_ 475 SF SO411'32"W LOT 1 48.48' CAPRI COMMERCIAL NO3'46'45.E 1' CENTER 60.81' P06 P8 31, PG 52 TJS NAPLES, LLC S31'36'32'W OR 4267, PG 3129 18.33' FOUO NO. 25368000028 a - INC RW LOT 1 CAPRI COMMERCIAL CENTER NO. 2 ,, 6 PB 49, PG 5 LOWE'S HOME CENTERS, INC OR NO. 3 1996 FEE E 3 FOLIO NO. 25388002589 LEGAL DESCRIPTION -- PARCEL 109FEE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE COMMON EASTERLY BOUNDARY CORNER OF LOT 1, CAPRI COMMERCIAL CENTER, AS RECORDED IN PLAT BOOK 31, PAGE 52 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA AND LOT 1, CAPRI COMMERCIAL CENTER NO. 2, AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBUC RECORDS OF COLUER 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 COWER COUNTY, FLORIDA; THENCE LEAVING SAID EASTERLY BOUNDARY, NO3'46'45"E FOR 60.81 FEET: THENCE N70'13'06'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 Welk1(/ I PI MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 EkTE SIGNED NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. 21.2911 floc at wr\ioo.lo.00AtA...o 14t it w101 aiwauu e lagrovailwob AM a.s1 waVoir PiwArb I-anesA$.a.,vw oaMemwlxt-+1r a.OASPAJOInneeft �gm PROJECT: U.S.41/C.R.951/S.R.95I RIWANc. _SKETCH AND LEGAL DESCRIPTION PARCEL 109FEE RIGHT—OF—WAY 6810 Wins P. oM..6ut.g00 N.ph..190888 I+109 PREPARED FOR: COLLIER COUNTY COVERNIiBNT/BOARD OP COUNTY COWQSSIDNIRS Fh.ro 6t30)607.0673 FAX:(2310 6074378 ,B No.:6852 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 I 0 ` 3 1 51S I 26E I 1" = 80' 7/23/12 I R.A.K. I SKD_1O9FEE3 1 1 OF 1 ` 110 RESOLUTION NO. 2012- 21 2 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 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 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 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 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 -Page 2- 11 © 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. -Page 3- 110 AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this.23r4 day of oc-f° � , 2012, after motion, second and majority vote. A:gE3rf: BOARD OF COUNTY COMMISSIONE S /DWI °' T-E ,ROC , CLERK r. OF COLLIER COUNTY, FLORIDA / �,. By /116.6.-- -A �--` FRED W. COYLE, CHAIRMA '17 A rte;t 4�a.._- PW t t• iignattill 4446 Approv-- .s to form and legal : iency: Jeffrey L. Hine Outside Emin'nt Domain Counsel On behalf of i effrey A. Klatzkow Collier County Attorney Item# I L `✓ Agenda t a l a3 L Date Date I Z(v Reed ( � Page 4- Deputy Clerk 110 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 1 110 \ ,r 1 HEDULE II `4�'4 ' = .e 1 of TRACT 3D S BARNETT BANK, NA 0 30 60 OR 2210, PG 2146 I FOLIO NO. 34520001403 GRAPHIC SCALE 1" = 60' cL, UN PLATTED • SOUTHERN MANAGEMENT CORPORATION OR 1173, PG 789 FOLIO NO. 00726640003 N35 38'49"E ', sP4' Q- 15.00' , �� O� 0�ooh ■ SS • Op ti V� <%'" .""ct i" Q (O 1 12FEE q,S °?B F 4 Q ,` 47 qS4(>.,y� 2,550 SF 20, ,' 0 � y j �►, OJO , / S35'39'04"W 15.00' POB rq S inek EXISTING RW LEGEND RW = RIGHT—OF—WAY OR « OFFICIAL RECORDS BOOK PB = PLAT BOOK PG « PAGE POB = POINT OF BEGINNING NO. .a NUMBER FEE SIMPLE SR GsA ROAD 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 COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE N54'20'2B"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 152012 Atka-- &hos 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 Q 2012 12:07 F14 W:\2009\09OO8t.00.00 11541&CR951 Inter atbn Inlprowmsnts And CR951 RRR\90%Plans\P5 a—Sutwy\Skrotcb And Dssc+tpfbm\7CE—RW Rev 02\SK0_112FEEdwp PROJECT: U.S.41/C.R.951/S.R.951 :41I Dlc SKETCH AND LEGAL DESCRIPTION £` r1 PARCEL 112FEE: RIGHTT-OF-WAY 6610 Willow Park Drive.Suite 260 Naples,Florida 34109 PREPARED FOR COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597-0575 FAX:(239)597-578 LB No.:6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 I 2 f 3 51S I 26E l 1" = 60' 1 6/8/12 I .A R .K. SKD_112FEE I 1 OF 1 • RESOLUTION NO. 2012- 213 1 1 El 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 1113 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 -Page 2- 110 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. -Page 3- 110 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 3r el day of 0°f0 , 2012, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONE' D T RBROCK, CLER OF COLLIER COUNTY, FLORIDA 0..„. , Ii -,' By: • FRED W. COYLE, CHAIRMA i AAt,st as to; Ognattlre 'of., t'. 1 Ff Approved as to form and IFlegal s cienc Jeffrey L. Hi 4 s Outside Em' ent Domain Counsel On behalf•f Jeffrey A. Klatzkow Collier C e my Attorney Item# lill Agenda l� Date Date 6 Reed Deputy Clerk -Page 4- 110 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 1 110 N SC- EDULE II 0,11 t 1t1�_ tea. L�41 E -ge 1 of 1 UNPLATTED 0 30 60 SOUTHERN MANAGEMENT CORPORATION �irrYrYrw OR 1173, PG 789 GRAPHIC SCALE FOLIO NO. 00726640003 1' _ 60' VV R. � 4J h pQ" 45,0 ti p �Qtf. e,ZOvry�p� LELY RESORT PHASE 1, NN35394"E 0 42- PB 16, PG 87 15.00' 554'20'28"E '& TRACT 16 '1' 79.85` I I BANK � OR 4384, PG 446 FOLIO NO. 55425004005 N54•20`28"W 79.85' S35'39'04"W 113FEE 15.00' 1,198 SF POB S.W. CORNER 0 OF TRACT 16 /C,(,� EXISTING RW rR�ygr NNN 11# S77 LEGEND RW = RIGHT-OF-WAY OR - OFFICIAL RECORDS BOOK PB = PLAT BOOK NN. ) FEE SIMPLE PG m PAGE POB POINT OF BEGINNING NO. = NUMBER SR = STATE ROAD AKA = ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 113FEE INTEREST A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLDER 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 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 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 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE LEAVING SAID WESTERLY BOUNDARY S54'20'28"E FOR 79.85 FEET; THENCE S35'39'04"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 /1A)A.e/L j3Az MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE'SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE At RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Jong 8.2012 12•.51 P11 W:\2009\090081.00,00 US41 a CR951 MtsraecUon Improvements And CR951 RRR\PDX Plan,\Ph 7—Survey\Sketeh And Descrlp1oe,\T02—RWR,Roy 02\SKD_II3V Z.dwp PROJECT: U.S.41/C.R.951/S.R.951 \II f SKETCH AND LEGAL DESCRIPTION 1.1L TIN ammogiugaing m.PARCEL 113FEE: RIGHT-OF-WAY 6610 Willow Perk 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.:5952 JOB NUMBER I REVISION I SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 2 3 I 51S I 26E 1" = 60' I 6/8/12 I R.A.K. SKD_113FEE I 1 OF 1 1 1D 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 2 110 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 III - Page 2 of 2 1 .10 N S D ,_ti oV-FI\ F. tiA SC H ED U IV N N� �C" +� E �o ' F ), Pag 1 of 1 �% �o A' F e °M° > F s 0 0 40 °0,> 80 AOOSS.o s s ° GRAPHIC SCALE 1O°O3 ��"/04, 1K _ 40' iteof, 4i, 610 O, o, S F N35'39'32"E ' 4'0 8 6:5; D o 10.00' 3gS2000 8 S54•2O`28"E r00 Ccc:( 7.83' S r,Q $61r Ae '5'0 ii N35'39'04"E �, ?O, p AG AS 15.00` ,, 2$F 046A. rQq� 8>F7.2 , ,,,, POC ,,,. 4 650 SF / S35'39'32"W SSler, .9 N54'20'28"W i 0.00' Og°OS 65.00" EXISTING RW r�`S � . 4 O/ LEGEND RW = RIGHT—OF—WAY OR = OFFICIAL RECORDS BOOK u 1;40,��.1 PH = PLAT BOOK Y PG = PAGE POB = POINT OF BEGINNING %1'T 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, COLLIER 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'O4"E FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID TRACT 3E; THENCE LEAVING SAID WESTERLY BOUNDARY S54'20'28"E FOR 7.83 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE N35'39'32"E FOR 10.00 FEET; THENCE S54'20'28"E FOR 65.00 FEET; THENCE S35•39'32"W FOR 10.00 FEET; THENCE N54'20'28"W 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 1 5 2012 CONSTRUCTION EASEMENT /(AitAtLy DURATION 3 YEARS. 6 /3/,L 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. Any&2012 1:02 PM W:\2002\090081.00.00 0541 &CR951 1Mws.eUon fmpro ,, nts And CR951 RRR\901f Pons\Ph i-Swvry\51rnIch And Dncrfpffon\TCE-RW Rev 02\SKP I15TCEdw5 INC. PROJECT: U.S.41/C.R.951/S.R.951 ` vlwi . SKETCH AND LEGAL DESCRIPTION £ 'T5 Tj o PARCEL 113TCE: TEMPORARY CONSTRUCTION EASEMENT 8810 Willow Park Odve,Suite 200 Naples.Florida 34109 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(299)597-0575 FAX:(239)597-0578 LB No.:8952 JOB NUMBER I REVISION 1 SECTION I TOWNSHIP I RANGE I SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 2 3 51S 26E 1" = 40' 6/8/12 I R.A.K. SKD_113TCE I 1 OF 1 \ RESOLUTION NO. 2012- 214 1 1 a 1 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 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 11i 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 -Page 2- 1113 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 the property to be acquired. -Page 3- 110 AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this 23 rJ day of C7c'4o k!" , 2012, after motion, second and majority vote. AT' E, ac BOARD OF COUNTY COMMISSIONERS T E:.B ^ K, CLERK OF COLLIER COUNTY, FLORIDA ' By `i.2, A at as-_`A pN 1m ' FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: C d of -y L. Hine. Outside Emi -nt Domain Counsel On behalf•. Jeffrey A. Klatzkow Collier C• my Attorney Item# l t D Da t o 1.2 bate te 3 l(a- Date o (MP/la- -Page Recd C 4- Deputy Clerk I • 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 , N a, e i 'mot-,-.`. `��hrO SCH R LE II �i -m E C> ' 4 Page 1 • \,!�1yzk�fi ,4 Qv", 0,S cps Page S 0 30 60 QZq) ,`24os?c`'Q 4`1ff LELY RESORT PHASE 1, Q.9,:6"3y PB 16, PG 87 GRAPHIC SCALE . . p=°' 1 OO�o TRACT 16 SUNTRUST BANK co c., OR 4384, PG 446 4 4 FOLIO NO. 55425004005 p cV 49, 1 14FEE k� 0 N3 5'3 , 15.50' 3,100 SF I4 S ., a.. 11/65r. F 7,9, (1->0:15AY ‘-'0 q., c?8 , 98 0'13 , o ry,'0, y '96,,,I Qo 44 tk, • rq 14, ' / S35'42'25"W �S j 7 15.50' 40,94. POB iN 0 Op� p r sr O sACM EXISTING RW 4,0 1> F .vi:s. e 9 0> (4., pp c \ o) f LEGEND RW a RIGHT-OF-WAY OR = OFFICIAL RECORDS BOOK PB - PLAT BOOK PG = PAGE POB = POINT OF BEGINNING NO. - NUMBER SR = STATE 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, N3539`04"E FOR 15.50 FEET ALONG THE WESTERLY BOUNDARY OF SAID TRACT 16; THENCE LEAVING SAID WESTERLY BOUNDARY, S54'20'28"E FOR 199.98 FEET, TO A POINT ON THE EASTERLY BOUNDARY OF SAID TRACT 16; THENCE 53542'25"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 152012 &Mb% jtLith'L' HA£L 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. ■1w*&2012 200 PM M:\2009\090091.00.00 US41 ar CR931 inb,.o9on lmorowm•na Mid Cn951 RRR\ P70a!\T'h r-Survey\5ksleh Md wxriWiondTCC-RW Ave 02\SKO_114sEE,wy INC. PROJECT: U.S.41/C.R.951/S.R.95I VPialmnieludgeon SKETCH AND LEGAL DESCRIPTION N Surveying&> AIL PARCEL 1I4FEE: RIGHT-OF-WAY 6610 Willow Park Drive.Suite 200 Naples.Florida 34109 PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597-0575 FAX:(239)697-0578 LB No.:8952 JOB NUMBER I REVISION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 2 'SECTION 3 51S 26E 1" = 60' I 6/8/12 I R.A.K. I SKD_114FEE I 1 of 1 ZiD RESOLUTION NO. 2012- 21 5 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 comparative costs of the project alternatives, various impacts upon the environment, long range 110 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 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 -Page 2- 11D 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 sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. -Page 3- 1 1 0 AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this 2 3rd day of ©c-1-0 be-r , 2012, after motion, second and majority vote. � , ATT,E,V1 .'.r.F,. BOARD OF COUNTY COMMISSIONE' DW rHT_E. B CK, CLER OF COLLIER COUNTY, FLORIDA 1 FRED W. COYLE, CHAIRMAN iiirnatare .{.,'** ; Approved as to form and lega .ufficie j': Je' rey L. rods Outside inent Domain Counsel On beha of Jeffrey A.Klatzkow Collier ' ounty Attorney Item# l l ADate genda tbt61?-31(c)— Date CO La( (0.,Recd r -Page 4 ("\,.._._ Deputy Clerk 110 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 1110 N y r':.,i1..`e. SCHEDULE I e kl, ,,,,, E �j'.-k=, Page 1 0 1 COMMERCIAL PROPERTIES SW, INC. S 0 S 100 e OR 3695, PG 411 FOLIO NO. 34520001908 GRAPHIC SCALE 1" = 100' LELY RESORT PHASE 1, PB 16, PG 87 Q4� `rSsr3 TRACT 16 OJ`'� ?SS,, SUNTRUST BANK g c �'F2 OR 4384, PG 446 rco O�,. 'Q9�+ `�9S FOLIO NO 55425004005 A/ ��O t\• NSF �' .rye 44-4')Try POB �")' S.E. CORNER EXISTING RV OF TRACT 16 * 1 1 5FEE 64.261 SF ,\e� 1 �, UNPLATTED A^. 4j� MAR INVESTMENTS, LLC ti 03 (PARCEL 2) NS OR (PARCEL 17 PG11702 ;�� ''� `� OR 4117, >r?p, OLIO NO 0072466000 V PG 1702 28 ' ^'� r FOLIO NO. c' `. 34520003003 277 26., 45.41.S • 06' . Cikq y/C s7s 20, LEGEND RIGHT—OF—WAY IN. 1-44v it, OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK PG = PAGE lip A/ UE = UTILITY EASEMENT J \ LBE = LANDSCAPE BUFFER EASEMENT C.R. = COUNTY ROAD \POB = POINT OF BEGINNING NO. = 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, 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; THENCE N35'42'25"E FOR 269.79 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 16; THENCE S54'32'56"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 COLLIER 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 N54'20'28"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 1.48 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW JUN 152012 111*"/ MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 SATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. June 8,2012 1:09 PIA 10,1009\090091.00.00 US4t @ CR951 Inter..dbn Impronam.nls And CR951 RRR\901:Plon.\Ph i'Survey\Skoleh And D.seriphons\TCE—RW Rev 02\S8D_115FFEA,rp it�C. PROJECT: U.S.41/C.R.951/S.R.951 S znv SKETCH AND LEGAL DESCRIPTION IVY i j & PARCEL 115FEE: RIGHT—OF—WAY 8610 Willow Park Drive,suns 200 Naples.Florida 34109 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597.0575 FAX:(239)597.0576 LB No.:0952 JOB NUMBER REVISION I SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 3 I 51S I 261 I = 100' I R.A.K. I SKD_115FEE I 1 OF 1 1 1110 RESOLUTION NO. 2012- 21 6 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 116FEE, 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 110. 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 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 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 -Page 2- 1 .10 County. Likewise, the County Manager or his designee is hereby authorized and directed to obtain an appraisal of Parcel 116FEE, 116TCE1, 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, 116TCE2, 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 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- X110 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 this2 3 r°t day of ©c-fo D'e-r , 2012, after motion, second and majority vote. ATTEST .r-,,, BOARD OF COUNTY COMMISSIONERS DW _ T E:•BR S . K CLERK OF COLLIER COUNTY, FLORIDA L. . . '' By C Ant as to.'thee p FRE W. COYLE, CHAIRMAN i4natairs,"4,..:,, ya Approv-: as to fo• and legal J i cien 1 O effre L. Hi ds Outside Emine Domain Counsel On behalf of J; frey A. Klatzkow Collier Count Attorney Item# 1 ( `/ Agenda rh (9...._ Date Reed (24(t 1 0 a... C -Page 4- 1 1 � Schedule I (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 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. 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 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 11L7 N *44. - S54'20'08"E SCHEDULE II r 1�i�� q t,F.-.r m; E 28.49' UNPLATTED Page 1 of 1 Tim; ABC LIQUORS, INC POB OR 4259, PG 4111 FOLIO NO. 00724640005 0 1 30 60 GRAPHIC SCALE i = 60 535'42'19`W h a 67.54' L 8.22.4. R=926.00' N NNNN #t. CB=S23 37 44W C=8.22' '44"W 116FEE 49.69' 9,387 SF L=90.66' R=938.00' A=5'32'16" CB=S 17'38'28"W C=90.62' UNPLATTED RTG, LLC OR 4705, PG 753 N24'31'18"W FOLIO NO. 00726725009 70.37' SO6'37`50"E 54.18' N54'21'00"W 33.57' LEGEND RW = RIGHT-OF-WAY OR = OFFICIAL RECORDS BOOK �q� PB = PLAT BOOK • �/ PG = PAGE 't cy� NO. = NUM ER OF BEGINNING 19 r EXISTING RW C.R. = COUNTY ROAD SR = STATE ROAD gr AKA = ALSO KNOWN AS FEE SIMPL IN'T'EREST LEGAL DESCRIPTION - PARCEL 116FEE 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 4705, PAGE 753 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A 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 COUNTY ROAD 951; THENCE S54'20'08"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, S35'42'19"W 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 S23'37'44"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 S1738'28"W AND A CHORD LENGTH OF 90.62 FEET, TO A POINT OF TANGENCY; THENCE SO6'37'50"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'DO"W FOR 33.57 FEET; 2) THENCE N24'31'18"W FOR 70.37 FEET; 3) THENCE N35'42'05"E FOR 216.55 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 9,387 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW 71/1*(-' AUGi32012 J � i MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DAT S GNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Jury 24.2012 10:f7 Al,e:\2004\090081.00.00 0541&CR951 Mtersaetinn Iroprownents And CR951 RRR\MDft Pre.u\Pn 1--SwveyWentell Md Oexxpvens'7C£—RW Rev O3\SK12_116F deq PROJECT: U.S.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPTION y PIATC.P=tion it Irryirerglirazmaickg PARCEL 116FEE: RIGHT—OF—WAY 8810 Mow Park Drive,Suite 200 Naples,Florida 34109 PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone'(239)507-0575 FAX:(239)5974578 t.B No.:8952 JOB NUMBER I REVISION I SECTION I TOWNSHIP I RANGE t SCALE I DATE I DRAWN BY I FILE NAME I SHEET 090081.00.00 2 l 3 51S 26E I 1" = W1;4'7723/12- 1- _116FEE . 1 OF 1 1 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 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 1 1D 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 III - Page 2 of 2 110 N UNPLATTED �0"--kN POC ABC LIQUORS, INC 19 r1*T- ..jl E FOLIO NO. 00724640005 SCHEDULE IV a� S 0.,c) Page 1 of 3 0 30 60 ory IP �h fro' GRAPHIC SCALE 1" = 60' N e, t7ISTING S54'21`01"E h 30,16' N35'S1`44"E POB Q` 554'21'01"E 18.00' 1J• AP 38.85` P 116TCE1 ,� 2,068 SF �- d ist L=90.66' •D` R=938.00' •41 A=5'32'16" 3 L=48.71' � R=46.54' NNNN. CB=N17'38'28"E j A=59'57'46" C=90.62' if CB=S05'52'51"W \ & C=46.51' S24'06'02"E UNPLATTED 14.81 RTG, LLC S3539'11"W OR 4705, PG 753 N06'37'50"W \ 19.17' FOLIO NO. 00726725009 54.18' SO 6'37'50"E 19.23' TECM - ROW N54'21'00"W \ S54'20'49"E 16.28' JUN 1 5 2012 18.49' e\ LEGEND S35'39'1 1'W OR = OFFICIAL RECORDS BOOK 5.00' PB >= PLAT BOOK /' PG = PAGE V POB = POINT OF BEGINNING TEMPORARY 6141‘j. POC = POINT OF COMMENCEMENT � �C�r� NO. = NUMBER CONSTRUCTION EASEMENT �y� SR=STATE ROAD l p AKA = ALSO KNOWN AS L = LENGTH DURATION YEARS. � „�y�, R = RADIUS CB = CHORD BEARING C = CHORD LEGAL DESCRIPTION - PARCEL 116TCE1 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 4705, PAGE 753 OF THE PUBLIC RECORDS OF COLLIER 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 OFFICIAL 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 S54-21'01'E FOR 18.00 FEET; THENCE S35'51`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•06`02"E FOR 14.81 FEET; THENCE 535'39'11"W FOR 19.17 FEET; THENCE S06'37'50'E FOR 19.23 FEET; THENCE S54 20'49"E FOR 16.28 FEET; THENCE 53539'11"W FOR 5.00 FEET;; THENCE N54'21'00"W FOR 18.49 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753; THENCE NO6'37'50-W FOR 54.18 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE; THENCE 90.66 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 N35'51'44"E FOR 38.85 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. // l 61/3/s 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. Jun.a, 2012 1:13 pit 19\2009\09008L00,00 US41&09831 int.rt.cton Improvements And CR951 RRR\90X P1ont\Ph 1—Survq\Sk.tca And Os a cripNont\70E—RW Rev 02\S0_116TCEf.dwp PROJECT: U.S.41/C.R.951/S.R.951 D Visualization SKETCH AND LEGAL DESCRIPTION lolls�TNC >.A. Surveying at Mopping PARCEL 116TCE1: TEMPORARY CONSTRUCTION EASEMENT 6610 Wilow 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.:8952 JOB NUMBER I REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 f 3 I 515 26E 1" = 60' I 3/13/12 R.A.K. SKD_116TCE1 1 OF 1 i ip N / / N l;ta i;vi E / SCHED IV S O ' Page2o GRAPHIC SCALE 1" = 40' / , EXISTING RW 0347 , / UNPLATTED V� / ABC LIQUORS, INC OR 4259, PG 4111 Q., POB FOLIO NO. 00724640005 POC S54'20'0B"E 1.61' 554'20'08"E 28.49' / / / N35'42'19"E / 67.54' / / / S35'37'09"W 75.58' L=8.22' % R=926.00' 116TCE2 TEMPORARY A=0'30'31" / 119 SF C CB=N23•3T44"E C I 'UCTION EASEMENT C=8.22' DU` ' N 3 YEARS. UNPLATTED RTG, LLC OR 4705, PG 753 7 FOLIO NO. 00726725009 LEGEND RW m RIGHT-OF-WAY OR = OFFICIAL RECORDS BOOK PB s PLAT BOOK PG = PAGE POB - POINT OF BEGINNING POC = POINT 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, COLLIER 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 S54'20'08"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 S54'20'08"E FOR 1.61 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY S35'37'09"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 N23'37'44"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 titaftt ittitRA.>. MI CI HAEL 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. August 10.2012 1048 AM W:\2008\0 1.00.00 11541 &CR951 Intersection hnp o.«eaa,And CR951 RRR\sox Ptons\Ph i—Survey\Sketch Md Deselip0ons\TCE—Rid ARV 03\SKD_116TCE2A"9 PROJECT: U.S.41/C.R.951/S.R.951 D\1TA'Visoallzetton SKETCH AND LEGAL DESCRIPTION O'1S' S. ll, G &arming&tapper PARCEL 116TCE2: TEMPORARY CONSTRUCTION EASEMENT 5810 Willow Perk Drive.SUQe200 Naples.Florida 34109 PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597.0575 FAX:(239)597-0578 LB No.:6962 090087 00.00 REVISION I SECTION I TOWNSHIP IP RANGE I 1"SCAL40' 8/10/12 1 DRAWN R A K. SKDLE1 16TCE2 1 SHEET 1 110 N .01. -:,►-��1r�!_.`R E Sc 4 EDULE IV IF j' Page 3 of 3 I .1,41,-,A", S UNPLATTED 0 20 40 RTG, LLC I =irttYwltr�rri OR 4705, PG 753 ,t GRAPHIC SCALE FOLIO NO. 00726725009 1" = 40' NNN e 4) 4; 1 CO 4 116TCE3 3,164 SF > /, / 4* 45¢c2 0' s h 4b y UNPLATTED 0 Y �4) SOUTHERN DEVELOPMENT CORPORATION, INC. (PARCEL 4) , PG 3511 POB FOLLIIO NO.000 2596 001 'S EXISTING RW r T 4.-1::-1,... Ar LEGEND RIGHT—OF—WAY J OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK PG = PAGE POB = 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, COLLIER 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 COWER 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 N35'38'35"E FOR 45.00 FEET; THENCE S54'21`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. TEMPORARY TECM W ROW CONSTRUCTION EASEMENT JUN 1 5 2012 DURATION 3 YEARS. MIC AEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 `lAT1 SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. June 13.2052 4:32 PN a\zoo9\o90051.00.0o U841 a CR93;aaersection Improvements And CR957 RRR\9OR Plans\Ph 1—Survey\Sketch And Pencr uans\7CE—RW Rev 02\Sco_I IITCEJAw9 21 PROJECT: U.S.41/C.R.961/S.R.951 �1��.,A� - SKETCH AND LEGAL DESCRIPTION �rT_ PARCEL 116TCE3: TEMPORARY CONSTRUCTION EASEMENT 8510 Willow Parts Drive,Suite 200 Naples,Florida 34109 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239}597-0575 FAX:X239}597.0578 _ L8 No.:0952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 ` 1 3 51S 26E 1" = 40' 3/13/12 I R.A.K. SKD_116TCE3 I 1 of 1 110 RESOLUTION NO. 2012- 21 7 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 planning options, and public safety considerations, the Board desires to exercise its rig t t D i 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 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 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 117FEE,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- t to be acquired, any damages to the 1+ acquired and, where less than the entire property is sought q y g 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. -Page 3- 1 1D This Resolution, adopted on this 23 ro day of ©c-+O 6-r , 2012, after motion, second and majority vote. ATTEST: " "" BOARD OF COUNTY COMMISSIONE' S DWIT=E. Bk-O 'K, LERK OF COLLIER COUNTY, FLORIDA By ''- -Li-riLL ,test as to Cf rw 4t. FRED W. COYLE, CHAIRMA 1 Appro -d as to orm and leg. ficie d t Jeffrey L. Hi ds Outside Emi ent Domain Counsel On behalf o Jeffrey A. Klatzkow Collier Co ty Attorney . Item# 1 i Agenda I 0 P`3)(a Date RDate to J2( f( ecce -Page 4- D(eppuu�ty Clerk 110 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 1 110 N SC . DULE II ._4- Page of 1 11 l...,_-.., B 04Yif' UNPLATTED 5 RTG, LLC 0 40 80 OR 4705, PG 753 __________ __ FOUO NO. 00726725009 GRAPHMC SCALE 1." = 80' NNNNNN\e' UNPLATTED a SOUTHERN DEVELOPMENT CORPORATION, INC. N3538'35"E (PARCEL 4) 10,007 OR 4380, PG 3511 f FOLIO NO. 00725960001 'r♦4 / 117FEE ♦.4Si. „D/ UNPLATTED SOUTHERN 2,215 SF N•���.p..5.,„ / DEVELOPMENT sR. ♦ , ��,�A / CORPORATION, INC. 2 2,5 ,'S'ir' OR (PARCEL 3 0, PG 3511 `2i � FOLIO NO. 00726040001 1( • +'t 70' S35'25'52"W � 'f 4�, POB 10.00' 40 It /Yip SP/ EXISTING - e\ LEGEND RV/ = RIGHT—OF—WAY P OR = OFFICIAL RECORDS BOOK / NNNN FEE SIMPLE PG = PAGE BOOK INTEREST P08 : POINT OF BEGINNING NO. = NUMBER SR .. STATE ROAD AKA = ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 117FEE 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 221.48 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 S54'21'25"E FOR 221.44 FEET; THENCE 535'25'52"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 ANO RESTRICTIONS OF RECORD. TECM - ROW AUG 152012 [Amu." i MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DAT S NED NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .ny 24.2012 10.24 AY$0\2006\090061.0000(1541 dr CR951 bMra.dkn(m9re.m.M.And CR551 RRR\90K FIC9Aph flurnAUsteh And D.AW54I mlk8-RN Per 0J19t1_11027.4 PROJECT:AND LE jC.A.951/IP I ON SKETCH AND LEGAL DESCRIPTION RWKSonnoOD7 PARCEL 117FEE: RIGHT—OP—WAY 6610 Mew Perk DM.811110 200 &Om.Plotkin 34100 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:1239}}597457 M 12381507.0570 IS No.:6062 JOB NUMBER ISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 ! REV 2 1 3 51S 26E 1" 3" 80' 1 7/23/12 R.A.K. J SKD_117FEE l 1 OF 1 RESOLUTION NO. 2012-21 8 A RESOLUTION DIRECTING THE ACQUISITION OF CERT AIN 1 Li 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 planning options, and public safety considerations, the Board desires to exercise its rig t 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 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 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. 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 -Page 2- acquired and where less than the entire roe is sought to be acquired, any damages to e 1 D q property rt3' 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. -Page 3- 1 I D This Resolution, adopted on this yI,-d day of (9c fo(ier , 2012, after motion, second and majority vote. ATT1ST1 s. BOARD OF COUNTY COMMISSIONERS D ,, HT E. B C'K, CLERK OF COLLIER COUNTY, FLORIDA By •11►.4 trues 0\ FRED W. COYLE, CHAIRMAN Est •1 t0 .C1� ' -a jOoiaS.nrt,14 Approver .4 to form .nd legal . fi 'ency. Jeffrey L. Hinds Outside Emine r Domain Counsel On behalf of J;ffrey A. Klatzkow Collier Count Attorney Item# I ' Agenda CD/( 1 Date l Recd Date `0(a.46, t r, 4I . A • Deputy lerk -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. Schedule I - Page 1 of 1 110 SCHEDULE II %t� Page 1 of 1 0 40 80 / UNPLATTED f GRAPHIC SCALE SOUTHERN I." = 80 DEVELOPMENT CORPORATION, INC. / (PARCEL 4) J OR 4380, PG 3511 FOLIO NO. 00725960001 N35'25'52"E / 10.00' UNPLATTED EXISTING - SOUTHERN DEVELOPMENT CORPORATION, INC. rar^ (PARCEL 3) PO$ • 1* , OR 4380, PG 3511 4, .•+r,2s4 FOLIO NO. 00726040001 118FEE1 r 1,518 SF ?sh~� 83. t..). S35'39'55"W 10.00' 4 LEGEND �,Q . RW RIGHT—OF—WAY 446 OR = OFFICIAL RECORDS BOOK 1)4,k)5(7 PB = PLAT BOOK PG a PAGE P06 = POINT OF BEGINNING FEE SIMPLE NO. = NUMBER INTEREST SR = STATE ROAD AKA m ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 118FEE 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 "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 LEAVING SAID WESTERLY BOUNDARY S54'21'25"E FOR 151.83 FEET; THENCE S35'39'55"W FOR 10.00 FEET; THENCE N54'21`25"W FOR 151.79 FEET ALONG THE NORTHERLY RIGHT—OF—WAY LINE 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 A0616. 202 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DAAE S LNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY, Akvan to 20t2 t:ta IM 14`\200009006I.00.00 as+t a CR551 HNroectbn Opprovsnuort4 AM 65a1* \S uMI Orator ra.*Rd D 5\5Man Ma auepuengrec—mr Fkr m\a1(q.rrareu„y PROJECT: U.S.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPTION RWAINCP*VisasZmSolveybig&Nbffing 1°0 PARCEL 118FEE: RIGU'T`—OF—WAY 6610 Willow PI*K CM,Suns 200 Malls,Florida 34188 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phew 529913970175 FAX:1239)5970578 La No.:Selz JOB NUMBER I REVISION I SECTION TOWNSHIP RANGE SCALE I DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 3 I 51S 26E 1 " = 80' 3/13/12 I R.A.K. SKD_118FEE i OF 1 RESOLUTION NO. 2012- 219 11D 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 110 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 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 -Page 2- 110 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. -Page 3- liD 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 thisf 3 r6I day of 0.-fn '2-r , 2012, after motion, second and majority vote. .,r ° E' c`,` ATTEST BOARD OF COUNTY COMMISSIONERS I3 T E $ O , CLERK ou B OF COLLIER COUNTY, FLORIDA ZI / ti ket Y� F' D W. COYLE, CHAI' •di * *.Ø 1i to Ch 1 liQnature ,xr < Approved as to form and lega . ' ciency- e v Jeffrey L.Hi I i s Outside E ,nent Domain Counsel On behalf•f Jeffrey A. Klatzkow Collier County Attorney Item# L I ./ Agenda p.0 F1.3)1c),,,, Date Date /012 b l i� Rec' [ -Page 4- Deputy Clerk 110 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 1 110 " SCHEI? LE II P e 1 of 1 >P !r►� 41. E 0 30 60 /, GRAPHIC SCALE 1" = 60' S54`17'41"E 28.50' UNPLATTED EAST STORESMART NAPLES, LLC (PARCEL A) OR 4741, PG 1535 's , FOLIO N0. a� 00724560004 w 119FEE A5) ' 4,241 SF '� POB 411 UNPLATTED ABC LIQUORS, INC ExIS�I \�,,,N54'20'08"W OR 4259, PG 4111 28.49' FOLIO NO. 00724640005 v '/7 X31 UNPLATTED RTG, LLC LEGEND f / OR 4705, PG 753 RW 6 RIGHT—OF—WAY FOLIO NO. 00726725009 OR : OFFICIAL RECORDS BOOK PG a. PLAT BOOK !/ PG a. PAGE P08 = POINT OF BEGINNING FEE SIMPLE NO. = NUMBER C.R. a" COUNTY ROAD LEGAL DESCRIPTION - PARCEL 119FEE INTEREST 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 SOUTHWESTERLY CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A COMMON CORNER WITH THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE EASTERLY RIGHT—OF—WAY LINE 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, S35'42'19"W FOR 148.81 FEET, TO A POINT ON THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259. PAGE 4111; THENCE N5420'08"W FOR 28.49 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS 800K 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. TECM - ROW AUG 15 2012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 SITE IGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. ,Aey Zk 2012 WOO AY 2ooa\WWaos1.00.o0(1411 r OW&mMad+on tnpowomonts Ms MOP AAAISOX Man"I-Swva\5MMn Ma idt 0 0ens\tCC-0W x•"GAS42-.HQR[A1q II�UC. PROJECT: U.S.41/C.R.951/S.R.951 Plonks SKETCH AND LEGAL DESCRIPTION R19 MR PARCEL 119FEE: RIGHT—OF—WAY IMO O WBow PIA OtIv..SuN.200 PREPARED FOR COLLIER COUNTY GOYERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(230)597-0576 FAX;I t597A870 LB No.:6952 JOB NUMBER I REVISION 1SECTION 1 TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 3 3 51S I 26E 1" = 60' f 7/23/12) R,A.K. I SKD.._119FEE J 1 OF 1 1 ID 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 ("ICE") 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 1 / 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 III - Page 2 of 2 110 SCHEDULE IV . ri,;.; / o ^o� // Pagel of 1 Tt 'i; '7%/ a* -t ; / 045)tS)C/ �. S 45'4,97- 0 20 40 , ' /' o`y�0, GRAMM SCALE 49 1" = 40' / UNPLATTED G• S54'17'41'E EAST STORESMART 16.£0' NAPLES, LLC EXISTING RW / (PARCEL A) �r OR 4741, PG 1535 FOLIO NO. 1 19TCE 00724560004 1,911 SF S35'38'59"W / �. 53.62' acv 101 / ,. N54'21'01^W / ØØP9UN:LAUED°`ti 5.00' / • �� POB ABC LIQUORS. INC OO NO. 7G 640 PO � FOLIO NO. 00724640005 554 2o'OB E '4k L. _N54'21'D1"W TEMPORARY 28.49' `L 10.14' CONSTRUCTION EASEMENT ' I LS35'38'59'1v / N54 2008"VV1.61' 9.32' 2 DURATION 3 YEARS. / / /4. LEGEND RW = RIGHT—OF—WAY UN PLATTED OR = OFFICIAL RECORDS BOOK / FUG, LLC P9 a PLAT BOOK OR 4705, PG 753 PG = PAGE P09 = POINT OF BEGINNING FOLIO NO. 00726725009 POC = POINT OF COMMENCEMENT 01, NO. = NUMBER \ S.R. m 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 COLLIER COUNTY. FLORIDA, ALSO BEING A COMMON CORNER WITH THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4705, PAGE 753 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE EASTERLY RIGHT—OF—WAY LINE OF C.R. 951: THENCE S5420'08"E FOR 28.49 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 148.81 FEET, TO A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111; THENCE 55417.41*E FOR 16.6D FEET ALONG SAID NORTHEASTERLY BOUNDARY; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, S35'38'591V FOR 53.62 FEET: THENCE N54.21'01'W FOR 5.00 FEET: THENCE S35•38'S8"W FOR 85.87 FEET; THENCE N54'21'O1"W FOR 10.14 FEET; THENCE S35•38•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'OS"W FOR 1.61 FEET, ALONG SAID SOUTHWESTERLY BOUNDARY TO 'THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,911 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.rECM - ROW ilitiNlitY AUG 15 2012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 ��E IG ED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Antal 14 2012 11020 AV retzootwooauxi.00 40141 I t111I3I Intersentron 4aprovantrate And C1431 R9I1,e f PIOhsffA 1-002012 12114000 MV 4001001101104.10 2.212 9.,w15141-11®TCLAr. PROJECT: U.S.41/C.R.951/S.R.951 1 RWKilawg SKETCH AND LEGAL DESCRIPTION I &milli;&14IPPIDR PARCEL 119TCE: TEMPORARY CONSTRUCTION EASEMENT two Maim Pm%Drive,Suite 2OO PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS mum(230)597-0575 FAX ts)597457e L9 No.:6962 JOB NUMBER REVISION SECTION 4 TOWNSHIP RANGE SCALE 1 DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 4 1 3 I 51S 26E 1" = 40' 8/10/12 R.A.K. SKD_119TCE 1 1 OF 1 1113 RESOLUTION NO. 2012- 2 2 0 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 1101. 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 -Page 2- i L 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 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. -Page 3- :1 .10 AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this)3r4 day of 0Q-f0k/`" , 2012, after motion, second and majority vote. ATTEST: �, , BOARD OF COUNTY COMMISSIONERS DWIGHT'S. $RO K, CLERK OF COLLIER COUNTY, FLORIDA C By A16.4m. 4 . j C AtlftSt t! LO Cho (.� F` D W. COYLE, CHAIRMA 14 9Ldws Appro -d :s to form and leg. suff iency: L d s-- Jeffre L. Hind Outside Emine t Domain Counsel On behalf of J ffrey A. Klatzkow Collier County Attorney Item# Agenda to Date Date /0_4/2 k Rec'd -Page 4- / Deputy irk } 11D 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 lID , N // �/ r.�.i!��Iz / SCHEDUL' II �,= �, Page of 1 S / / TC PROPERTY VENTURE, LLC 0 100 200 / OR 4745, PG 2036 1 . / FOLIO NO. 34520002004 GRAPHIC SCALE 1" = 200' COMMERCIAL FREEDOM SQUARE PROPERTIES SW, INC. PB 22, PG 56 P'∎ S9 OR 3695, PG 411 L=308.79' N.t, 4 C FOLIO NO. ' R=3026.00 34520001908 4=5'50 49 'CZy " CA SS gr >:.2 o V R /CB=N39'35'13"E 6'6' C=3013.66' N36'39'48"E � >> S , L a / It', 46.62' POB o c5 4 if Q'7�6, N.W. CORNER .4, to - EXISTING Rw OF TRACT 16 �'St �� `30)$0, ��h 120FEE NS h o o , 127.969 SF / � � e .'20•8 _ N35'42'25"E N. AV ,�^ � Y 5. ,yh NEW HOLDINGS. LLC ,9' �O �2� O, OR 4215,PG 1018 �e S6°1 FOOD N0. 34820001005 ' 4% IY Jb (PARCEL 2) :4r .OR 4117. PO NCO. LEGEND 34520003003 &, RW = RIGHT-OF-WAY V OR — OFFICIAL RECORDS BOOK /,,S L, / PB — PLAT BOOK '1 ,Y/0 PG - PAGE 1 6* \ C.R. = COUNTY ROAD r POB = POINT OF BEGINNING '9}- NO. - NUMBER L = LENGTH 4044?)1i R = RADIUS A *• DELTA FEE SI CB - CHORD BEARING INTERES C = CHORD LEGAL DESCRIPTION - PARCEL 120FEE 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 TRACT 16, AS SHOWN ON THE PLAT OF LELY RESORT. PHASE 1, RECORDED IN PLAT BOOK 16, PAGES 87 THROUGH 99 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N3539'04'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 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 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 S5.20'51"E FOR 110.32 FEET ALONG THE NORTHEASTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3695, PAGE 411 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE 535'41'39"W FOR 546.95 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 3F AS SHOWN ON SAID FREEDOM SQUARE 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 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 HEREIN DESCRIBED. CONTAINING 127,969 SQUARE FEET OR 2.9 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TF_CM — ROW JUL 0 6 2012 MICHAEL WARD PROFESSIONAL LAND SURVEYOR LS# 5301 ATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Amy 8.2012 1:31 PM 1:\2009\090081.00.00 U541&CR951 Mtur"cWn Impvowmenb And CR951 RRR\110X Plw\Ph 7-Survey\S1nlch And Dedc,fpDons\TCE-RW Rev 0Z\S102-I20FEL0hg PROJECT: U.S.41/C.R,951/S.R.951 SKETCH AND LEGAL DESCRIPTION ;I Mappig PARCEL 120FEE: RIGHT—OF—WAY 6610 INIII5N Park Dave,Suhe 200 Naples,Florida 34109 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597-0575 FAX:(239)597-0578 LB No.:6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 ( 2 3 I 51S 26E 11" = 200' 6/8/12 I R.A.K. I SKD_12OFEE 1 OF 1 4. 110 RESOLUTION NO. 2012- 2 21 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 llü 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 121 TCE") 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 -Page 2- 110 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 121 TCE, 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 121 TCE 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. -Page 3- 111:1 This Resolution, adopted on this.2 rc? day of Oct-06-r- , 2012, after motion, second and majority vote. ATTEST r;F: BOARD OF COUNTY COMMISSIONERS DWIQHY-E.-fift6c4c,.CLERK OF COLLIER COUNTY, FLORIDA • • 11.11k4 ° @` ' [� By: it as to.,44tattiodo p FRED W. COYLE, CHAIRMA • Approv•• as to for and legal : ciency 6 Jeffre L. Hint Outside Emin nt Domain Counsel On behalf of effrey A. Klatzkow Collier Cou y Attorney Item# - J Agenda p „ Date Date 1.01:7,(4?_, Recd -Page 4- Deputy Clerk lb 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 2 110 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 1 1D N �14�l�►%�jf �o��og SCHEDULE II �', , z�F a�a�oQ� v0Page 1 of 1 0<��v �v 0 20 40 -� �� v GRAPHIC SCALE Qj v 0 a�co G O�`�" ^o'"00 / t? e , ' EXISTING RW-Nesk, P %4, c R ikqr POB 26F ■ S N35'42'1 9 E S54'17'41"E 61 eE9 A13.85' 5.00' c C'y eNNNN R 1 121TCE ,t.1l /9R¢�o°Rr 69 5F ° 'oQ, (/O 'kiss S35'42'19"W\ RC'0 S Cb �° �RiSS 13.85' N.o. AG,i. ' �6>Oc,/ A.JZ o f) N54'17'41"W 41O 7 '2>�/°N 4O VO 0 5.00' S1 > ' O Q v C 4:' h 47'01 Q.0, f'\LEGEND � 4-".• 0 RW RIGHT-OF-WAY t) `1d 0 <v0 OR = OFFICIAL RECORDS BOOK �'< IA 0- A. PB = PLAT BOOK S PG - PAGE h e ? POB POINT OF BEGINNING X00 J� POC = POINT OF COMMENCEMENT NO. - NUMBER C.R. = COUNTY ROAD 7- AKA = ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 121TCE 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 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 S54'17•41"E FOR 5.00 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID 100 FOOT WIDE ACCESS EASEMENT; THENCE S35'42'19"W FOR 13.85 FEET; THENCE N54'17'41"W 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. //)4V 6/spy . 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. Juno 8.2012 1:38 PM N':\2009\090061.08.00 US41 &CR951 int.nwetbn k,q n,n,ent.And CR951 RRR\901[Wan.\P1, t—Sanr y\Sk.len And D..n,IpB.n.\ —616 iMnr 024SR0_12110E.a"9 PROJECT: U.S.41/C.R.951/S.R.951 DIVAlalcvPirgidizatkin SKETCH AND LEGAL DESCRIPTION lroZsNr l> � maw PARCEL 12ITCE: TEMPORARY CONSTRUCTION EASEMENT 6610 lMlow Park awe.Suite 200 Naples.Florida 34100 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597-0575 FAX:(239)597-0578 LB No.:6952 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" = 40' 3/13/12 I R.A.K. SKD._121TCE 1 OF 1 RESOLUTION NO. 2012-2 2 2 1 1 0 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 122TCE")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 110 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 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 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 -Page 2- 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. -Page 3- AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. 110 This Resolution, adopted on this 23/4 day of ©c-- '61-r , 2012, after motion, second and majority vote. ATTEST:Vf = r BOARD OF COUNTY COMMISSIONERS DWI a, E. BRO. K, CLERK OF COLLIER COUNTY, FLORIDA By _ v t.- ain IS to-thOrso F` D W. COYLE, C'AI'—AN� 'Orator.. Approv;: as to form and lege %cie 1 � Jeffre L.Hint Outside Emin nt Domain Counsel On behalf of effrey A. Klatzkow Collier Count Attorney Item# I ( 1 J Agenda C6/62;.1„:9., Date Date IX° Ila -Page 4- -644j169 -- eputy Clerk 1 1 0 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 ("ICE") 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 2 110 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 2 110 N 1r SCHEDULE II " rt ^`, �f; E 0 ''' Page 1 of 1 ;'.'k=,� 4a c.? c, `� �'5, 9 0 20 40 -� OD�o'„��• ?v ,��00P " wrirryYr� h A tr * 0Th 4)o GRAPHIC SCALE 0) 0 ,),., O a4 tc,1' 40' c"-.6, EXISTING RW S54'17'41"E ,`04` O 4 5.00' 122TCE I � q- °-9 41 4.481 SF �, °O. .& e 4/0 IaO`°. JP POB I ? mss ep., N54'17`41'1N // G' 9 7 'pE` 5.00' I ORT D /0�. O!/O �tf, R •16 tits 14 g 3�s �' /8 ?' o A 4.cb � Q . S> 07 ff" /N 1-(,.,,)/(f5,t LEGEND (�� QQ`.., 0 O RW es RIGHT-OF-WAY q•• Q a OR = OFFICIAL RECORDS BOOK �A. `et 0. ': PB ee PLAT BOOK ck- ? S PG = PAGE Gj'` �O 0 4Z POB m POINT OF BEGINNING SOY POC = POINT OF COMMENCEMENT NO. = NUMBER C.R. = COUNTY ROAD /q- 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 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 N35'42`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 S35'42'19"W FOR 96.15 FEET; THENCE N54•17'41"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. TECH! - ROW TEMPORARY JUN 1 5 2012 CONSTRUCTION EASEMENT .. DURATION 3 YEARS. /1,4/(Aft,- tpki,I. . WARD PROFESSIONAL LAND SURVEYOR LS MICHAEL A. WA # 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 2:06 PM 0\2009\090061.00.00 11541 X CR951 Nten..tbn Improvements And CR951 RRR\90x Prone\Ph i-Survey\sketch And Dwser:Otlwn\7CE-RW Rev 02\51(0_122702449 )m PROJECT: U.S.41/C.R.951/S.R.951 Vie os SKETCH AND LEGAL DESCRIPTION oN TIN Civ1 gimesng PARCEL 122TCE: TEMPORARY CONSTRUCTION EASEMENT 6610 Willow Park Drive,Sulte 200 Naples,Florida 34109 PREPARED FOR COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597-0575 FAX(239)5979576 LS No.:6952 JOB NUMBER I REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 2 I 3 51S I 26E 1 1" = 40' I 6/8/12 R.A.K. I SKD_122TCE 1 OF 1 11D RESOLUTION NO. 2012- 2 2 3 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 110 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 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 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 -Page 2- acquired and where less than the entire property is sought to be acquired, any damages to the 1 1 D acq P 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. -Page 3- 110 0 AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this 23rd day of ©c-419 6e-r- , 2012, after motion, second and majority vote. ATT ST '-',7, BOARD OF COUNTY COMMISSIONERS• DW . ;' E. $RO CLER OF COLLIER COUNTY, FLORIDA . -c.�J C ® i �� By. W. COYLE CHAIRMAN -Attest nut*: t F D Aanat re ;*s Approved as to fo 1 and legal s ciency• C. -ffr-y L.Hin.. Outside Emi •nt Domain Counsel On behalf o'Jeffrey A. Klatzkow Collier Co 4 my Attorney Item# Agendal4 Date date (� (( -Page 4- Deputy 11n Schedule I (Fee Simple Acquisition) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD (TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO. 60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such interests and rights: 1. The area of the interests and rights to be acquired by the County are described and depicted herein and on Schedule II. 2. Schedule II describes and depicts a fee simple acquisition from Owner(s)for road construction and related purposes, all being associated with the Project. The County shall acquire a fee simple interest in the property described and depicted on Schedule II. Schedule I - Page 1 of 1 1 1 D N oz-. T'�'144/ SCHE LE II ��:�� cL P e 1 of 1 W f1* �j� E A rp Lq Q.•. 100 NO2'14'33"E S54'21'14"E L''39.29' GRAPHIC SCALE L=71.07' 11.58 c35.84` R=25.00' 1e = 100' R=3347.00' \ . " r5=1•13'00" +�,� A=90 '0253 C8=1443'40'1 S"E CB�=509'20 18"E * C=71.07' Cffi35.38' /// NOT23'10'14 FOB / S.E. CORNER 18.28' OF TRIANGLE L=124.66' BLVD. AT C.R, 7 R=3334.00' 951 PER PB =2'08`32" 16 PG 87 Q CB=N41'46'16"E SECTION 34. 1WSP. SOS ROE, 26E C=124.65' SECTION 3, TWSP. 51$ RGE. 26E FREEDOM SQUARE PB 22. PG 56 ESPROP LLC Off/ R?^ ► f OR 4787, PG 658 r1�� �'`�' �� FOLIO NO. 34520002004 , Joy 1 L=49.48' ,�'S� �;,� �' R=3026.00 t / A=0'56'13" C8=N42'58'43"E� C=49.48' �123F E 41,788 SF / Qv 1454'20'51"W LEGEND A, 410.32. / RW s. RIGHT—OF—WAY Te OR n OFFICIAL RECORDS BOOK PB s PLAT BOOK FREEDOM SQUARE C.R.>w PAGE PB 22, PG 56 C. = COUNTY ROAD POB a POINT OF BEGINNING COMMERCIAL PROPERTIES SW, INC. NO. NUMBER L a LENGTH OR 3695, PG 411 , EXISTING RW R . RADIUS FOLIO NO. 34520001 908 / FEE SIMP , CB mDELTA BEARING / INIERES 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 87 THROUGH 99 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE 535'41'39"W FOR 519.87 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 3F, FREEDOM SQUARE, AS RECORDED IN PLAT BOOK 22, PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; THENCE N5420'51"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 COLLIER COUNTY, FLORIDA TO THE BEGINNING OF A NON—TANGENTIAL CURVE: THENCE 49.48 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3026.00 FEET, THROUGH A CENTRAL ANGLE OF 0O'56'13", AND WHOSE LONG CHORD BEARS N42'58'43"E FOR A DISTANCE OF 49.48 FEET; THENCE N43'26'58"E FOR 280.00 FEET TO THE BEGINNING OF A NON—TANGENML CURVE: THENCE 124.66 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3334.00 FEET, THROUGH A CENTRAL ANGLE OF 0708'32", AND WHOSE LONG CHORD BEARS N41'46'16"E FOR A DISTANCE OF 124.65 FEET: THENCE N0723'10"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 1402'14'33"E FOR 11.58 FEET, TO A POINT ON THE SOUTHERLY RIGHT—OF—WAY LINE OF TRIANGLE BOULEVARD, AS SHOWN ON THE PLAT OF LELY RESORT, PHASE ONE, RECORDED IN PLAT BOOK 16, PAGE 87 THROUGH 99 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY RIGHT--OF—WAY LINE OF SAID TRIANGLE BOULEVARD THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE S54211 4"E FOR 35.84 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 S09'20'1B"E FOR A DISTANCE OF 35.36 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CO AWING 4 , 8 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW SjL _ AUG 1 6 2012 MI 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. A 2012 Sue PW e\zoo9W20oer.oaoo us+l&CR951 YNaua+en hnpro,mmw And CR051 MANOR Pevm\P',f-smvay\Skum M0 WR4111959\nt-RW Ra 01 5R0..i2iFccwp Hoc. PROJECT: U.S.41 C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPTION PAIl""4/4191the'd's PARCEL 123FEE: RIGHT-OF--WAY 6010 Willow Pads Delve.Sub 200 Naples.Flodda 34109 PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone;(239)597.0075 FAX(238)69745Th L _ 6 No,:6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 , 1 334 SOS i 268 11" 100' 3/13/12 R.A.K. SKD_123FEE 1 OF 1 Ili RESOLUTION NO. 2012- 2 2 4 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 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 110 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 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 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 -Page 2- 1113 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. -Page 3- 110 AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. This Resolution, adopted on this.2 3 rah day of ©c f0�er , 2012, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWI BROCkXLERK OF COLLIER COUNTY, FLORIDA •. Atest as to 04 ? F' D W. COYLE, CHAIRMAN; Approved as to form and legal sufficiency: Alt effr, L. 'nds Outside Emine t Domain Counsel On behalf of effrey A. Klatzkow Collier Cou ty Attorney Item# _L Agenda /0/34:9., Date Date Recd Co�a-� j -Page 4- Deputy Clerk 110 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 • 110 N ►f=�rr��Et 1F SCHEDULE II Page 1 of 1 S CELESTE DRIVE REPLAT N86'57'01"E 0 40 80 PB 22, PG 9 22.39' 1 TRACT 1R GRAPHIC SCALE BEAUMARIS, LLC N50-14'16"E 1" = 80' OR 4274, PG 2014 43.39' 1p P FOLIO NO. 25910000502 I 1111 EXISTING RW 124FEE 10,220 SF L=281.73' R=2953.00' A=5'27'58" r , CB=N38'28`37"E „g 0)41) C=281.62' 101111a,.'� C, 4/4, (.7 AG' � 8 POB TECM - ROW ' CORNER OF TRIANGLE N54'21'01"W BLVD. AT C.R. 951 PER PB JUN 1 5 2012 17.05' 16 PG 87 L=39.25' R=25.00' LEGEND A=89'57`21" RW RIGHT—OF—WAY CB=S80'40'19"W 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 NO. - NUMBER L = LENGTH R - RADIUS A - DELTA CB = CHORD BEARING C = CHORD FE 51MPLE LEGAL DESCRIPTION - PARCEL 124FEE INTEREST 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 LINE 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`01"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 05'27'58", 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 N86'57'01"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 535'41'39"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. 71)1/4L' fr MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS 5301 DAT • NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Juno 8,2012 2:25 Plt e"\2009\090091.00.00 US41&CR951 bdersselkrn h prov.m.nt.And CR951 RRR\90%Plon.\Ph i—Survey\Sk.teb And D.seriptlons\TCE—RW Rev 02\S80_124FEE:dwg kenanfungPROJECT: U.S.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPTION �Q � B PARCEL 124FEE: RIGHT—OF—WAY 8610 Willow Park Drive,Suite 200 Naples,Florida 34109 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(299)587-0575 FAX:(239)597-0578 LB No.:8952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 l 2 I 34 50S 26E I 1" = 80' 6/8/12 R.A.K. I SKD_124FEE I 1 OF 1