Resolution 2012-207 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
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 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-
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-
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.2 3 r.1 day of O Cto 6 T , 2012, after motion,
second and majority vote.
C ,;.
ATTEST.° . ,a, BOARD OF COUNTY COMMISSIONERS
DWIGHT E BROOK, CLERK OF COLLIER COUNTY, FLORIDA I
' : f ---, 11.
Ottts16
By t
A'tt;t o r ta'tlii.kriww ir FRED W. COYLE, CHAIRMA IL
i1pnstiulre, ;L _,.
Approved as to form . •
legal su F ..ncy:
l e
Jeffrey L. Hinds
Outside Eminen II omain Counsel
On behalf of J• frey A. Klatzkow
Collier Coun Attorney
-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
H LEGEND
LOT 1 RW = RIGHT—OF—WAY
•i.- CAPRI COMMERCIAL OR = OFFICIAL. RECORDS BOOK
°�� F*N CENTER NO. 2 PB - PLAT BOOK
W iii—� AC E PB 49, PG 5 PG = PAGE
\\��1 �� POB = POINT OF BEGINNING
+--../ LOWE'S HOME CENTERS. INC 's y NO. - NUMBER
S OR 4467, PG 1996 / S.R. = STATE ROAD
FOLIO NO. 25368002589 AKA = ALSO KNOWN AS
0 40 80 TRACT P-3 L = LENGTH
R = RADIUS
GRAPHIC SCALE 4 = DELTA
+ CB = CHORD BEARING
1" = 80 ~ —— A r C = CHORD
---�_a SCHEDULE IlL
Page 1 of 3
N .—UNPLATTED g KRG EAGLE CREEK III, LLC °or
OR 3605, PG 1131 $
FOLIO NO. 00726720800
of 6
d L=11.34'
R=50.00'
S87'32'47"E A=12'59'23"
LOT 1 24.64' CB=N85'57'31"E
N. CAPRI COMMERCIAL C=11.31'
CENTER NO. 2
PB 49. PG 5 /.
\LOWE'S HOME CENTERS, INC 105FEE1
d
OR 4467, PG 1996 NO3'46'45"E 2,331 SF
FOUO NO. 25368002589 60.26'
1 SO4'56'15"W
v 75.86'
L=37.07'
R=100.00'
A=21'14'31" POB
CB=N64'46'16"W EP`
C=36.86'
UNPLATTED
RED NAPLES HOLDINGS V, LLC t.'".--EXISTING RW
OR 4712, PG 2198
FOLIO NO. 00726724107
FEE SIMPLE
LEGAL DESCRIPTION — PARCEL 105FEE1 INTEREST
A PARCEL OF' LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4712. PAGE 2198 OF
THE PUBUC RECORDS OF 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 587'32'47"E FOR 24.64 FEET TO THE BEGINNING OF A TANGENTIAL CURVE;
2) THENCE 11.34 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE
OF 12'59'23", AND WHOSE LONG CHORD BEARS N85'57'31"E FOR A DISTANCE OF 11.31 FEET;
THENCE 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
///11(Ari JUN 152012
&A
MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE 3��NED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
,u. a 20e2 aeec.w r\2000\or0oer.aaoo usde &c of in irenn inn dm.Md cwoae mu\vos pipmApy, 1-s+,.+r\sh.eu,And DdicnptbnATCE-RW ROY 02\SM..10311EC1.d"I
PROJECT: U.S.41/C,R.951/S,R,951
RWV_
SKETCH AND LEGAL DESCRIPTION _
PARCEL 105FEE1: RIGHT—OF—WAY ftw74t awns
6810*Mow Park Drive,Suits 200
PR$PARRD FOR: COLLIER COUNTY GOVERNII$NT/BOARD OF COUNTY COMM Napier.,Napier.,Florida 34108
Phone:(239)597-0575 FAX:(239)597-0578
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY LB FILE NAME SHEET
090081.00.00 I 1 i SEC 3 I 51S 26E 1" = 80' i 3/13/12 I R.A.K. I SKD_105FEE1 I 1 OF 1
N N. /
R N., 1,744%i1 ,4`1 E
S
0 40 80
I
GRAPHIC SCALE LOT 1
1" " CAPRI COMMERCIAL
CENTER NO. 2 Sc EDULE II
PB 49, PG 5
LOWE'S HOME CENTERS, INC g age 2 of 3
OR 4467, PG 1996 &
FOLIO NO. 25368002589 V g
/
(/) if
r i
/4 1
N18'17'33'1
40.80'
TRACT P-3 1 4 105FEE2
NO3'46'45"E 0 654 SF
46.34'
,, / SO4'08'23"W
86.03' R_
N85'04'47"W
9.69' POB
UNPLATTED
KRG EAGLE CREEK III, LLC EXISTING MY
OR 3605. PG 1131
FOLIO NO. 00726720800 4,
a LEGEND
RW - RIGHT—OF—WAY
OR - OFFICIAL RECORDS BOOK
PB = PLAT BOOK
a PG - PAGE
POB =2 POINT OF BEGINNING
NO. - NUMBER
SIMPLE S.R. = STATE ROAD
AKA - ALSO KNOWN AS
LEGAL DESCRIPTION - PARCEL 105FEE2
JREST
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 N18'17'33"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.
TECM - ROW
JUN 152012
MIC PA--
ARD PROFESSIONAL LAND SURVEYOR LS# 5301 6DA7E'SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
.rw 0.2012 0:16 AN a^\200e\0110001.00.00 U541 k CAW Inr..s.mlen anwewmmr.And CA951 RAR\a00.Row\PA ,-Suroey\Sara"And o-cAprrab\7tt-my Ray aASKO_raxcrz.e.y
PROJECT: U.S.41/C.R.951/S.R.951ms
SKETCH AND LEGAL DESCRIPTION
RW Q„g PARCEL 105FEE2: RIGHT—OF—WAY &Mu1
8810 WNIow Park Drive.Suite 200
PREPARED FOR: COLLTBR COUNTY GOVERNMENT/BOARD OF COUNTY COMM Naples.FIo.lda 34109
Phone:(239)597-0575 FAX:(239)597-0678
LB No.:8952
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_105FEE2 1 of 1
i\
h►� iit
ao 80
GRAPHIC scu.E
80'
SCHEDULE II
Page 3 of 3
LOT 1
CAPRI COMMERCIAL N31'36'32"E P08
CENTER 18.33'
PB 31, PG 52 /
TJS NAPLES, LLC /
OR 4267, PG 3129
FOLIO NO. 25368000028 / 105FEE3
/ 2,003 SF
N. / n
'I NI) N
■f> &
LOT 1
z°°
/ V) Cr b
CAPRI COMMERCIAL
CENTER NO. 2
PB 49, PG 5 AP
LOWE'S HOME CENTERS, INC
OR 4467, PG 1996
FOLIO NO. 25368002589 EXISTING NW 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. = 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 15 2012
4 � � cif
MIC AEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 D 7E SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
+..a 2011 kt5 AV W\2000\090001.00.00 us41 t c5951 ht.,sscu.n mp,.r.m.nta Ms amt mat\oaw Aims\w, r—S. Sketch Ma 0..atono..\rcE-Rw n«M\sCq�105FEU.ap
_ C.
PROJECT: U.S.41/C.R.951/S.R.951 Hoeft
SKETCH AND LEGAL DESCRIPTION N NHi Ainlayagalfil
PARCEL 105FEE3: RIGHT—OF—WAY 8810 Willow Park Drive,Soho 200
Naples.Raskin 34109
PREPARED FOR COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597-0515 FAX:(239)597.0518
LB No.:8952
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 I R.A.K. SKD_105FEE3 1 OF 1
Schedule III
(Temporary Construction Easement)
TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS
INCURRED FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF
ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION
OF US 41 AND COLLIER BOULEVARD (TRANSPORTATION INTERSECTION
SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO. 60116)
The following summarizes the interests and rights Collier County (hereinafter "the
County") shall acquire from the property owners/interest holders (hereinafter
"Owner(s)") of certain real property and described in the legal description and sketch
("Schedule IV") and the obligations the County has agreed to comply with in connection
with such easement interests and rights:
1. The area of the easement interests and rights to be acquired by the County are
described and depicted herein and on Schedule IV.
2. Schedule IV describes and depicts a Temporary Construction Easement ("TCE")
area as follows:
a. The County shall have the temporary right and privilege to enter upon the
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
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
N
+l���'t►���t SCHEDULE IV
M s
R r�►�rk'`j E , %y SCHED LE IV
Page of 4
S 441).11
o 4o ao
GRAPHIC SCALE
1" - 80'
VL.
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
PB = PLAT BOOK
PG = PAGE
o POB - POINT OF BEGINNING
N POC = POINT OF COMMENCEMENT
NO. = NUMBER
S.R. - STATE ROAD
AM - ALSO KNOWN AS
N85'56'42"W 0
7.09'
LOT 1 S85'56'42"E
CAPRI COMMERCIAL 60.00'
CENTER NO. 2 1l')
PB 49, PG 5 NO3'46'45"E O CO a.
LOWE'S HOME CENTERS, INC 70.00' / POB
OR 4467, PG 1996 I
FOLIO NO. 25368002589 —
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, COWER 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 TECH - ROW
CONSTRUCTION EASEMENT JUN 15 2012
DURATION 3 YEARS.
41////
ICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DA SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
. .& 2012 10.13 Au MR\20091000011.0000 u54; *Cx951 Inr«..cue.Nnwownwob Ave CR951 R0490X Plmo\Pn '-Sw=r\SINN And o.wepran,\nE-aw Nw at\sK0_T001V 2.ay
PROJECT: U.S.41/C.R.951/S.R.951 °�
UMarlindian
SKETCH AND LEGAL DESCRIPTION
FNL.i IA PARCEL 105TCE2: TEMPORARY CONSTRUCTION EASEMENT �� ��
8810 Wilow Park Drive.SYIb 200
PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS
Naples. 75 Florida A (23
Phone:(238)597-0575 FAX(239)807-0578
LB No.:8962
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
090081.00.00 2 3 51S 26E 1" = 80' 6 4 12 R.A.K. SKD_105TCE2 1 OF 1
N
SCHEDULE IV
" ,t/ E Page 3 of
s s
0 30 60 •-
F
GRAPHIC SCALE
1" = 60' 6 CC
to
LOT 1
CAPRI COMMERCIAL � I RW
CENTER NO. 2 585'56'42"E
PB 49, PG 5
5.00'
LOWE'S HOME CENTERS. INC
OR 4467, PG 1996 6) iv
FOLIO NO. 25368002589 n rr
goo In
/ z
/ N181 7'33"E Si 105TCE3
40.81' / 821 SF
TRACT P-3 I 518'17'33"W
it40.80'
NO3'46'45"E SO3'46'45"W
46.87' 46.34' TEMPORARY
/i P08 CONSTRUCTION EASEMEN"
N85'04'47"W POC DURATION 3 YEARS,
5.00'
N85'04'47"W
UNP LATTED 9.69 LEGEND
KRG EAGLE CREEK III, LLC RW = RIGHT-OF-WAY
OR 3605, PG 1131 OR - OFFICIAL
PLAT BOK DS BOOK
FOLIO NO. 00726720800 PG = PAGE
P08 = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
NO. = NUMBER
S.R. - STATE ROAD
AKA = ALSO KNOWN AS
LEGAL DESCRIPTION - PARCEL 105TCE3
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING 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 PUBUC RECORDS OF COLLIER COUNTY,
FLORIDA. ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951;
THENCE N8504'47'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 S85'56'42"E FOR 5.00 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951;
THENCE 504'00'59"W FOR 77.12 FEET, ALONG SAID WESTERLY RIGHT-OF-WAY UNE;
THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE, 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
Zght" JUN 1 5 2012
L
EY
MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LSD 5301 DA SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
J,n,.8.2012&13 Alf l\2009\080061.00.00 0541 t 08931 M.nwcUen Mnprew.n.nf.And CR951 RRR\90X Plans VA I—Survey\S1 Wh And 0..criptioar\ICE—RW R..02\SK0_1057C2J-d.8
PROJECT: U.S.41/C.R.951/S.R.951
F5A4ALT
SKETCH AND LEGAL DESCRIPTION
PARCEL 105TCE3: TEMPORARY CONSTRUCTION EASEMENT 8810 Wow Park Drive,Suite 200
Naples.Fkrkia 34)08
PREPARED FOR COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597.0575 FAX(239)597-0578
LB No.:8952
JOB NUMBER ISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
090081.00.00 I REV 0 I 3 I 51S I 26E I 1" = 60' I 6/4/12 I R.A.K. I SKD_105TCE3 1 OF 1
N \ C!S SCHEDULE IV
Air��� f fit, y Page 4 of 4
rr►
S r
0 30 60 N.Nit)
GRAPHIC SCALE
1" a 60' II
S31'36'32"W 1
1 B.33'-
P0: 1
LOT 1
CAPRI COMMERCIAL N31'36'32"E T
CENTER 10.71'
/ I POG
1 EMPORARY
TJSPB 31, PG 52
NAPLES, LLC :$ �
OR 4257. PG 3129
FO DUSTING RW CONSTRUCTION RUC�N EASEMENT
FOLIO NO. 25358000028 ' 0 1 DURATION 3
/ I YEARS.
01
ta/ °,1
�, 914T SF
,t, /�
W S
/ , ,! /INN
/ :In
t j S03'46'45"W U')
N././ Z a C . b
o, 187.49' CO If
j ! vi g 1
fI i
LOT 1 N85'56'42"W j ,.;,
CAPRI COMMERCIAL i
CENTER NO. 2 5'� i I 1
PB 49, PG 5 j LEGEND
LOWE'S HOME CENTERS, INC 1 RR R = RIGHT—OF—WAY ICUL RECORDS BOOK OR 4467, PG 1996 PB — PLAT BOOK
FOLIO NO. 25368002589 I PG PAGE 1
1 POB - POINT OF BEGINNING
1 POC - POINT OF COMMENCEMENT
NO. - NUMBER
S.R. .. STATE ROAD
AKA - ALSO KNOWN AS
LEGAL DESCRIPTION — PARCEL 105ICE4
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EASTERLY PLATTED CORNER OF LOT 1, CAPRI COMMERCIAL CENTER LYING ON THE WESTERLY
RIGHT—OF—WAY LINE OF STATE ROAD 951, AS RECORDED IN PLAT BOOK 31, PAGE 52 OF THE PUBLIC RECORDS OF
COLUER COUNTY, FLORIDA. ALSO BEING THE NORTHEASTERLY PLATTED CORNER OF LOT 1, CAPRI COMMERCIAL CENTER
NO. 2, AS RECORDED IN PLAT BOOK 49, PAGE 5 OF THE PUBLIC RECORDS OF COLUER 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'W FOR 187.49 FEET;
THENCE N85'56'42"W FOR 5.00 FEET;
THENCE NO3'46'45-E FOR 178.00 FEET, TO A POINT ON SAID COMMON BOUNDARY;
THENCE N31'36'32"E FOR 10.71 FEET ALONG SAID COMMON BOUNDARY, TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED;
CONTAINING 914 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
TECM - ROW
dillift ditt
JUN 152012
MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LSj 5301 E SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED•PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
.Am A 7012 a;r,7 AN wA2aaAos00at.00.00 PIS71 a cats r.M-chow Np.worm,And GPM maw=",n\% 1-40,7\S1.40A And 04wW44*Ver--RW R«0t194.Ia7AZl.d�v
C
PROJECT: U.S.41/C.R.951/S.R.951 Masses _
SKETCH AND LEGAL DESCRIPTION IN
PARCEL 105TCE4: TEMPORARY CONSTRUCTION EASEMENT am Palm Parton..,site ZOO
PREPARED FOR: COWER COUNTY GOYERNM} IT/BOARD OF COUNTY COMMISSIONERS Phone:( -RO57i5 r(2319 597.0578
LB Na:9962
JOB NUMBER REVISION 7I SECTION TOWNSHIP RANG:: scat DATE DRAWN BY Fit,E NAME SHCET
090081.00.00 0 1 3 I 51S I 26E 1" = 60' I 6/5/12 I R.A.K. I SKD 105TCE4 1 1 OF 1