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Agenda 10/27/2009 Item #16K 4Agenda Item No. 16K4 October 27, 2009 EXECUTIVE SUMMARY Page 1 of 13 Recommendation to approve a Stipulated Final Judgment in the amount of $98,865.00 for Parcels 110FEE /TCE1 /TCE2/DE in the lawsuit styled Collier County v. Robbie L. Rayburn, et. al., Case No. 07- 4268 -CA (Santa Barbara Boulevard Extension Project #60091) (Fiscal Impact $48,810.45). OBJECTIVE: That the Board of County Commissioners approve the attached Stipulated Final Judgment for payment of full compensation, for the taking of Parcels 110FEE /TCE1 /TCE2 /DE in the lawsuit styled Collier County v. Robbie L. Rayburn, et, al., Case No. 07- 4268 -CA (Santa Barbara Boulevard Extension Project #60091). CONSIDERATIONS: Collier County acquired by condemnation a .466 acre parcel, for construction of a road and drainage canal, from property owner Robbie L. Rayburn, Individually and as Trustee of the Robbie L. Rayburn Revocable Family Trust dated March 4, 1994. The County's initial appraisal dated July 6, 2007, valued the parcels at $68,800.00. The County offered the Owner $86,000.00 as the County's statutory offer on August 29, 2007, based on the initial appraisal of $68,800.00 plus a settlement incentive of $17,200.00. A later appraisal by the County valued the parcel at $61,300.00. An Order of Taking was entered on March 17, 2008, and the County deposited the sum of $61,300.00 in the Court Registry. Owner's appraiser subsequently valued compensation at $158,500.00, which includes a claim for damages to the remaining property because it is now located next to a six lane urban highway. This value figure does not include attorney's fees and expert fees and costs. ,- -. The Case was mediated on September 25, 2009 and the outcome was successful. Staff recommends settlement in the amount of $98,865.00, which includes the land and improvements taken as well as damages and costs to cure. Attached is the Stipulated Final Judgment. If approved, the County will be responsible for the following costs: ■ Additional amount of compensation: $37,565.00 ■ Attorney's fees *: $ 4,245.45 ■ Appraisal expert fees: $ 7,000.00 TOTAL $48,810.45 * Attorney's Fees are mandated by §73.092, F.S., and are based on 33% of the total benefit achieved, i.e., 0.33 x ($98,865 - $86,000). FISCAL IMPACT: Funds in the amount of $48,810.45 are available in Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNz RECOMMENDATION: That the Board of County Commissioners approve the Stipulated Final Judgment as to Parcels ll0FEE /TCEl /TCE2 /DE and. authorize payment of the funds as stated. PREPARED BY: Robert N. Zachary, Assistant County Attorney 07- 4268- CA;2665 i COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Page 1 of 2 Agenda Item No. 16K4 October 27, 2009 Page 2 of 13 Item Number: 16K4 Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $98,865.00 for Parcels 110FEE/TCE1/TCE2 /DE in the lawsuit styled Collier County v. Robbie L. Rayburn, Lisa Taylor et. al., Case No. 07- 4268 -CA (Santa Barbara Boulevard Extension Project #60091) (Fiscal Date Impact $48,810.45). Meeting Date: 10/27/2009 9:00:00 AM Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 10/14/2009 11:17:48 AM Approved By Transportation Administration Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 1011412009 12:16 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 10/1412009 1:23 PM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 1 011 412009 1:52 PM Approved By Lisa Taylor ManagementlBudget Analyst Date Transportation Services Transportation Administration 10/1412009 2:04 PM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 10/1412009 2:28 PM Approved By Najeh Ahmad Director Date Transportation Engineering & Transportation Services Construction Management 10114120Q9 5:Q3 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 10/1412009 5:25 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 10/1512009 9:55 AM file://C: \AgendaTest \Export\137 - October 27, 2009\1 6. CONSENT AGENDA \16K. COUN... 10/21/2009 Page 2 of 2 Agenda Item No. 16K4 October 27, 2009 Page 3 of 13 Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 10/1512009 11:28 AM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 10/1512009 11:50 AM file: / /C: \AgendaTest \Export\137- October 27, 2009 \16. CONSENT AGENDA \16K. COUN... 10/21/2009 Agenda Item No. 16K4 October 27, 2009 Page 4 of 13 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. ROBBIE L. RAYBURN, INDIVIDUALLY AND AS TRUSTEE, et al., Respondents. Case No.: 07- 4268 -CA Parcel Nos.: 110FEE, 110TCE 1, 110TCE2, I IODE STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, Robbie L. Rayburn, Individually and as Trustee of the Robbie L. Rayburn Revocable Family Trust dated March 4, 1994, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcels 11 OFEE, 11OTCE1, 11 OTCE2, 11 ODE for Project No. #60091, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, Robbie L. Rayburn, Individually and as Trustee of the Robbie L. Rayburn Revocable Family Trust dated March 4, 1994, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Ninety Eight Thousand Eight Hundred Sixty -Five and No/ 100 Dollars ($98,865.00) for Parcels 11OFEE, I IOTCE1, 11OTCE2, 1 l ODE, as full payment for the property interest taken and for damages resulting to the remainder, if IF Agenda Item No, 16K4 October 27, 2009 Page 5 of 13 less than the entire property was taken, and for all other damages in connection with said parcel; it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good faith estimate of value previously deposited in the amount of $61,300.00; it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay an additional Thirty Seven Thousand Five Hundred Sixty -Five and No /100 Dollars ($37,565.00) to Respondents for compensation; it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay an additional Four Thousand Two Hundred Forty-Five and 45/100 Dollars ($4,245.45) for attorney's fees and Seven Thousand and 00 /100 Dollars ($7,000.00) for appraisal costs and no other attorney's fees or costs shall be awarded in this case; it is further ORDERED AND ADJUDGED that without further order of the Court, that within thirty (30) days hereof, the Clerk shall pay to Respondents, Robbie L. Rayburn, Individually and as Trustee of the Robbie L. Rayburn Revocable Family Trust dated March 4, 1994, the total balance of $37,565.00 and mail it to Forman, Hanratty & Montgomery, c/o Vanessa Thomas, Esq., 723 East Fort King Street, Ocala, FL 34471, for the benefit of Respondent; it is further ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay the total sum of Eleven Thousand Two Hundred Forty -Five and 45/100 Dollars ($11,245.45), payable to Forman, Hanratty & Montgomery Trust Account, c/o Vanessa Thomas, Esq., 723 East Fort King Street, Ocala, FL 34471, for proper disbursement in accordance with this order; it is further ORDERED AND ADJUDGED that that Parcels 110FEE, 110TCE1, I IOTCE2, 11ODE, being fee simple interest, temporary construction easements and a perpetual non - exclusive drainage easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which 2 U Agenda Item No. 16K4 October 27, 2009 Page 6 of 13 vested in Petitioner pursuant to the Order of Taking dated March 17, 2008, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above - styled cause and recorded in Official Record Book 4301, Pages 2363 -2373 of the Public Records of Collier County, Florida be dismissed as to Parcels 110FEE, 110TCE1, 110TCE2, 110DE; it is further ORDERED AND ADJUDGED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is further ORDERED AND ADJUDGED that this Order disposes of all claims arising out of the taking of Parcels 110FEE, 110TCE1, 110TCE2, 11ODE and that have or could have been asserted in this cause; it is further DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of , 2009. Conformed copies to: Robert N. Zachary, Esquire Vanessa Thomas, Esquire Jennifer Dixon - Abbott, Esquire Kevin Hendricks, Acquisition Mgr./Transp. Accounting 3 HONORABLE CYNTHIA A. PIVACEK CIRCUIT COURT JUDGE Agenda Item No. 16K4 October 27, 2009 Page 7 of 13 JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUN'T'Y, FLORIDA, together with Respondents, Robbie L. Rayburn, Individually and as Trustee of the Robbie L. Rayburn Revocable Family Trust dated March 4, 1994, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcels I IOFEE, 11OTCE1, 11 OTCE2, I IODE. Dated: 10-12-04 Dated: VANESSA THOMAS, ESQUIRE Florida Bar No. 702412 FORMAN HANRATTY & MONTGOMERY 723 East Fort King Street Ocala, Florida 34471 (352) 732 -3915 - Telephone (352) 351 -1690 - Facsimile ATTORNEY FOR RESPONDENT ROBERT N. ZACHARY, ESQUIRE Florida Bar No. 816604 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 252 -8400 - Telephone (239) 252 -6300 — Facsimile ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed by U.S. Mail to the parties listed below on this the day of October, 2009. Robbie L. Rayburn, Individually and as Trustee of the Robbie L. Rayburn Revocable FamilyTrust dated March 4, 1994 c/o Vanessa Thomas, Esquire FORMAN, HANRATTY & MONTGOMERY 723 East Fort King Street Ocala, FL 34471 Collier County Tax Collector c% Jennifer Dixon - Abbott, Esquire RHODES TUCKER & GARRETSON P O Box 887 Marco Island, FL 34146 07 -4268- CA2660 4 ROBERT N. ZACHARY ASSISTANT COUNTY ATTORNEY FEE SIMPLE INTEREST Agenda Item No. 16K4 October 27, 2009 EXHWni Page 8 of 13 P "O- J— of� SECTION 16, TOWNSHIP 50 SOUTH, RANGE" 26 EAST PARCEL NO COLLIER COUNTY, FLORIDA PROPERTY OWtMER: Rose) RA SRN REFERENCE.. O. I'll PO 17� FOLIO NO.: AREA OF TAKE 4 43 do AREA OF REMAINDER: Y�Cr�jayr (7 � BAST I W� N 31K SCALE. • 1 " = 80' W qqN 4" h 8 n i n 4 U gal 40. r_ U o K C .G ���Ol{�RiEY1mL�HER# E _ . L S•. AOL N L . S A071'6I k ra �]oro0r E srcrr"iarLANE R n ° A00s•MV � ouM1ER ML 1i T -- --or- AII " ` PARCEL 1t0 7CE2 •r I �8 I o .REL 6R a F- 1 .- __ - - - - -- j j i— t.�PARCEI 770 DE I (, Ma"asFA D.E UU i i79 7 m i.. Yl •8 �.! h jads 1 K 4 I �lefi8 POLLY AVM 1 0 P �o WWz0. O�~,4 2U4�f pC� ~Q� R.O.W. = RIGHT —OF —WAY I I P,O.C. = POINT OF COMMENCMENT P.O.S. -= POINT OF BEGINNING ilS LECAI ■iii .. -_ .,, w or. NOLI ur■ ER & uirr mass „„�°", •rii 11PIDAGfi,ro, �wbl�l �y1M�n, .112 fwW�..p,rr u�wk .. !'u ow tc uw n. IWNMarN 5wTM )Law. Low to N �o 7—EVERETT STREET • I'; _ h - - PRCEL FEE maa�y rta� LEGAL DESCRIPTION AND SK ET --7-- _ :SC IP -nON: PARCEL 110 FE'E SMEET 1 OF ? LENT: COLLIER COUN iY T.RANSP ANON DIVISION 2- a BY: NE ACNOU, R.S.M. NO. 4 17 07 S 5335 WIV 8Y� '8D rE. 21 006 — fi AD N0: PROJECT NO. :g= SQ@ FILE N0: 9fi2g - .—.,. -I i I _. __ ..__ _._...._..__..� j L duo tP rtrMmaxr twE � O C R.O.W. = RIGHT —OF —WAY I I P,O.C. = POINT OF COMMENCMENT P.O.S. -= POINT OF BEGINNING ilS LECAI ■iii .. -_ .,, w or. NOLI ur■ ER & uirr mass „„�°", •rii 11PIDAGfi,ro, �wbl�l �y1M�n, .112 fwW�..p,rr u�wk .. !'u ow tc uw n. IWNMarN 5wTM )Law. Low to N �o 7—EVERETT STREET • I'; _ h - - PRCEL FEE maa�y rta� LEGAL DESCRIPTION AND SK ET --7-- _ :SC IP -nON: PARCEL 110 FE'E SMEET 1 OF ? LENT: COLLIER COUN iY T.RANSP ANON DIVISION 2- a BY: NE ACNOU, R.S.M. NO. 4 17 07 S 5335 WIV 8Y� '8D rE. 21 006 — fi AD N0: PROJECT NO. :g= SQ@ FILE N0: 9fi2g - .—.,. -I i I _. __ ..__ _._...._..__..� Agenda Item No. 16K4 October 27, 2009 F E MPL� EMMIT Page 9 of 13 Pages of SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 110 FEE A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 16; THENCE SOUTH 00'03'07" EAST ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 16 A DISTANCE OF 30.00 FEET TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE SOUTH RIGHT—OF—WAY LINE F POLLY AVENUE, THENCE ALONG SAID WESTERLY PROLONGATION A DISTANCEOOF 30.00 FEET TOSAN INTERSECTION WITH THE SOUTH AND EAST RIGHT —OF —WAY LINES OF POLLY AVENUE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID SOUTH RIGHT —OF —WAY LINE SOUTH 89'18'58" EAST A DISTANCE OF 32.00 FEET. THENCE LEAVING SAID SOUTH RIGHT —OF —WAY LINE SOUTH 00'03'07" EAST A DISTANCE OF 593.49 FEET,• THENCE SOUTH 78:38'58" EAST A DISTANCE OF 30.35 FEET; THENCE NORTH 59'565J' EAST A DISTANCE OF 15.00 FEET,• THENCE SOUTH 00'03'07" EAST A DISTANCE OF 5.47 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF A PARCEL OF LAND AS DESCRIBED BY A QUIT CLAIM DEED IN O.R. 1091, PAGE 1107, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 89'18'11" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 76.76 FEET TO AN INTERSECTION WITH THE EAST RIGHT —OF —WAY LINE OF POLLY AVENUE; THENCE NORTH 00'03'07" WEST ALONG SAID EAST RIGHT —OF —WAY LINE A DISTANCE OF 604.36 FEET TO AN INTERSECTION WITH SAID SOUTH RIGHT —OF —WAY LINE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.45 ACRES OF LAND, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICT7ONS OF RECORD, aii�■ 0 uu� ■�o� ER k ..,ii vxnnC6,.4 �" a..tn rw tti.rr a.4 wow uA w�r �"�' �c fur �)rr -atii 1F LEGAL DESCRIPTION AND SKETE�._r 2 OF 2 DESCRIPTION: PARCEL 110. FEE CLIENT: COWER COUNTY TRANSP TAT! ypIWSl: 2 28 07 AGNOU,• R.S:M. ` NO. 5335 4/17 07 4 . j . / S N:T C. .DATE: . -aDA==M BY: AN PROJECT'N ;; 05 -0051 __ CAD N0:9629 —SD6 FILE`NO: 96� TEMPORARY CONSTRUCTION EASEMENT EXHIBIT paw-3— OURATION 3 YEARS. paw-3— d SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. tto_TSat ANO TCE2 W i PROPERTY OWNER: romiE L FtmsugN REFERENCE o.le t.zs. oe. t7zo �o � FOLIO NO.: ooate7z000e AREA OF TAKE: 7.263 so. fT. TOTAL � UW N P.O.C. AREA OF REMAINDER: a.so AcaEs t RIGHT - owa oFH£If" -- scum lsif Cr RCIr1NE.<tT Ou.JRtrIJ srcncw 17. TMP. ao >ti RCL art P.O.C. = POINT arCIM Ta T a0 a R 2a r so mr IA.T Or RCRpillg7 oUMTllI RAW tR T% Tj r0 a. Rot L t 1 s ootlror �y� . r NOR1N L0K 0► sCUMMCST WMftaT _ o i By I =nm is, TN+. s0 ✓. RQC, u E h Nssa' _ �" P .O.B"�a�'B�7d'i'i4ia"JS�''"� --� Jq,1T'Or r +1 71 AR bl! I { X110 �ECE2 ftm Ig (anl so. n rJ i - --{ ± - -- PARCEL 110 DE mw0z0 o.r. N a I m � 30' •�♦+Fj 1 aitJ�''i�YfaAa NNN N2N2 SCALE: f " = 80' W i N a C �o � J+ n � UW N R.O.W. = RIGHT - T.C.E. = TEMPOR P.O.C. = POINT P.O.B. = POINT g I— 4lKww#4 Q �, Qol � �W �✓� �993�5�� I i Nils el Lu n QR n EE r t,, OF -WAY i --- TaRCet ios FEe MOPCSEp R.0.1K ARY CONSTRUCTION EASEMENT )F COMMENCMENT Agenda Item No. 16K4 October 27, 2009 Pate 10 of 13 POLLY A4E (60' R.O.W.) soulm aaIL LWE 14100 o a 0. h 'q N o d W N F- Fs W N �zo g�o V Q�O EWRETT STREET )F BEGINNING LEGAL DESCRIPTION AND SKETCH Noll ..... rrrrr ER Jc urrr :::::: RUNDIGE,wa Prer.rdarl .o�iw.n, PV>'�.+r. t i.sd aurwrae. rm J1tl c�1Y. .wMP r.lV rrr. 7Nr saw s rnw lup I A LU W -r14 t. �M MM bays sM_ Fill Lr1 A a pnyS >V INJY aN1J1 Rra u aril r.r a aws r.. Jpr "afY 47y AGNOU, R.S.M. NO. 5335 DATE: DEC, - 2oos 1 BY: JAI! PROJECT NO.: Q5 -0061 NO:9629 -5D6 FILE NO: 9629 r z Agenda Item No. 16K4 October 27, 2009 TEMPORARY Page 11 of 13 CONSTRUCTION EASEMENT EXHISff DURATION s YEARS. Paw- --,Y— of_' SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 170 TCE1 A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 16; 71iENCE SOUTH 00'03'07" EAST ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SEC77ON 16 A DISTANCE OF 30.00 FEET TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE SOUTH RIGHT -OF -WAY LINE OF POLLY AVENUE; THENCE NORTH 89'18'58" EAST ALONG SAID WESTERLY PROLONGATION A DISTANCE OF 30.00 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF POLLY AVENUE; THENCE SOUTH 89'18'56" EAST ALONG SAID SOUTH RIGHT -OF -WAY LINE A DISTANCE OF 32.00 FEET; THENCE LEAVING SAID SOUTH RIGHT -OF -WAY LINE SOUTH 00'03'07" EAST A DISTANCE OF 71.49 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING SOUTH 00'03'07" EAST A DISTANCE OF 245.00 FEET; THENCE NORTH 07'59'36" EAST A DISTANCE OF 245.16 FEET,• THENCE SOUTH 89'56'53" WEST A DISTANCE OF 8.75 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,072 SQUARE FEET OF LAND, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AND LEGAL DESCRIPTION OF PARCEL 110 TCE2 A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 16; THENCE SOUTH 00'03'07" EAST ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SEC77ON 16 A DISTANCE OF 30.00 FEET TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE SOUTH RIGHT -OF -WAY LINE OF POLLY AVENUE; THENCE NORTH 69'18'58" EAST ALONG SAID WESTERLY PROLONGATION A DISTANCE OF 30.00 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF POLLY AVENUE; THENCE SOUTH 89'18'58" EAST ALONG SAID SOUTH RIGHT -OF -WAY LINE A DISTANCE OF 32.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID SOUTH RIGHT -OF -WAY LINE SOUTH 89'18'56` EAST A DISTANCE OF 764.76 FEET, THENCE LEAVING SAID SOUTH RIGHT -OF -WAY LINE SOUTH 00'03'07" EAST A DISTANCE OF 30.37 FEET,• THENCE SOUTH 8956'53" WEST A DISTANCE OF 95.00 FEET; THENCE SOUTH 5232'34" WEST A DISTANCE OF 64.20 FEET, THENCE NORTH 00'03'07" WEST A DISTANCE OF 36.00 FEET; THENCE SOUTH 89'56'53" WEST A DISTANCE OF 18.75 FEET; THENCE NORTH 00'03'07" WEST A DISTANCE OF 33.49 FEET TO AN INTERSECTION WITH SAID SOUTH RIGHT -OF -WAY LINE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 6,191 SQUARE FEET OF LAND, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Ih1I6 LLGAL DESCRIPTION AND SKETCH PREPARED BY: ■■■■■ loom No u .o■a BR k ■ou■ iiiii� RUNDAG &,■a P-90-MO-1 OnSWAOrg. PLAN —=. h "d ru y. i fm nn Cann o ry, an. 2W. 740 l wt L.tl. M.W. ■yW, n r -m . u sw �s.dr . n Nw� (m -rm LEGAL DESCRIPTION AND SKETCH SH� 2..OF'2 :SCRIPTION: PARCEL 110 TCE1 AND TCE2 BY: AGNOLI, R.S.M. NO. 5335 DATE: DEC. 21. 2006 BY: JAN PROJECT NO.:05 -0081 110:9629 -08 FILE. NO: 9629 Agenda Item No. 16K4 October 27, 2009 PEWETW►L. NON - EXCLUSIVE EXHIBIT Page 12 of 13 DIRAN"E EASEMENT SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. no DE PROPERTY OWNER: ROME L RAYBURN REFERENCE: opt. 1925, Pc. 172o FOLIO NO.: opma t000s AREA OF TAKE' s0. FY. AREA OF REMAINDER: 4.35 ACRES t P,O,C, swim Lmw eF timimmr a SECIM 17, rap. so L. Mx I I l N all SCALE. 1" = 80' W }� N � L �Nlb uQ;z IN 0. U a[ciro+ +a�N soVSl W dr Maeflel[sr pNIRR+I sre" M +a, rap. W II. AoE. Zr 6 � . • � S 0007'OY L IY jaw MpRnr ur or s01l VAW 0"WR� . sECmarr ,k i+. 30 t. RM 39 L N f' PARCEL 110 TCE2 rAO,wan r.rE «a.aol --- --- - - - - - - t ---�— rim.. - -- O 'Ix � ���: -- I—'S OD' —h'i -r jPARCEi. 110 DE �— I I r�vmEO ac jI r7r: sa r . :i 30' ' (I wtsrww V I Na NNNi � a 0 I U Zd li �A I I O� ii .� ^• 11 a �li I X0.0 4 I f N aov. I ILI I I j 1C I .9 I j 8 °n R i R.O.W. = RIGHT —OF —WAY D. E. = DRAINAGE EASEMENT P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING LEGAL DESCRIPTION AND HIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: I DESCRIPTION: PARCEL 110 DE seaN Ou ii s!1i E R a, i umi :NAG S.0 Peohorgpal si,pown, plAnewm a land survemv C.o. 0—ir ara sm 7N1 srrr T.L s.M K%*- n suss w sass 0—A s 0—A a.. sow M Era aamw n S"n ((gaM1M1 -alU C. ft". r r..ur. a.a 0, Is am or r am L (aM11M !IS{ POLLY AYE (W. R.O.W.) =VIN ltcm ��olt ZS a W LC �CZR p a '` 290 ^ v EVERETT STREET -------- _ SKE'[CH SHEET 1. OF 2 D SOLI, R:S:.: N0: 5335 DAM OFC 21: 2006 JAN PROJECT NO.: 05-0081 X629 -SD9 FILE N0: 9629 PHMWWAL, NON- EXCLusIVt ORANAQE EASEMENT Agenda Item No. 16K4 October 27, 2009 EXHIBIT A Page 13 of 13 Page_ of L.L SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIP77ON OF PARCEL 110 DE A DRAINAGE EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 16; THENCE SOUTH 00'03'07" EAST ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 16 A DISTANCE OF 30.00 FEET TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE SOUTH RIGHT -OF -WAY LINE OF POLLY AVENUE; THENCE NORTH 89'18'58" EAST ALONG SAID WESTERLY PROLONGATION A DISTANCE OF 30.00 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF POLLY AVENUE, THENCE SOUTH 89'78'58' EAST ALONG SAID SOUTH RIGHT -OF -WAY LINE A DISTANCE OF 32.00 FEET,• THENCE LEAVING SAID SOUTH RIGHT -OF -WAY LINE SOUTH 00'03'07` EAST A DISTANCE OF 33.49 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING SOUTH 00'03'07" EAST A DISTANCE OF 38.00 FEET; THENCE NORTH 89'56'53" EAST A DISTANCE OF 18.75 FEET,• THENCE NORTH 00'03'07" WEST A DISTANCE OF 38.00 FEET; THENCE SOUTH 89'56'53" WEST A DISTANCE OF 18.75 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 712 SQUARE FEET OF LAND, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRIC77ONS OF RECORD. LEGAL DESCRIPTIO>i.ANA'�SKETC ET- 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY'- DESCRIPTION- PARCEL ltO ■r■� CUENT: COLLIER COUN %R ON DI ION iw NOL[ ■u� , IOUEE k BY' ��� ■■ r•raio 2/28/07 "D. AGNOU. R.S.M. NO. 5335 now UNDAGE,.c .. prat «.ton.t �oµeww pt.ewrs • Wia .,m.,,po,. ,.� t� 4/10/07 S - N.T.S. DATE: 'D C. 1. 008 c.rr a�q: nur r, Tr w IML t1� 1101` ti wu prrn -�u� _JAN PROJECT N0::95 -0081 �.. o.rn ww tsrr 11.E 0 . 111" q.rw. n r� `sM11tyu� AWN BY:- . 'or r� 11i ~ ACAD N0: $629 =509 FILE NO: 9629