Resolution 2012-210 RESOLUTION NO. 2012-210
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
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-
Having previously obtained an appraisal of Parcel 108FEE, 108TCE1, 108TCE2, which
appraisal also includes a good faith estimate upon which to base a written offer of compensation
to the fee owner as to the value of the property sought to be acquired and, where less than the
entire property is sought to be acquired, any damages to the remainder caused by the acquisition,
the Board hereby directs the County Manager or his designee to negotiate in good faith with the
fee owner(s) of Parcel 108FEE, 108TCE1, 108TCE2, and to provide the fee owner(s) a written
offer binding on the County in the amount of Five Hundred Thirty-Two Thousand and 00/100
Dollars ($532,000.00), which sum is based on the aforementioned appraisal. The Board further
directs the County Manager or his designee to bring back for execution by the Chairman (or in
his absence, the Vice Chairman), without further Board action, any agreement to consummate
the sale of property sought to be acquired herein at a value consistent with the authority granted
by the Board. The writing containing the offer binding on the County shall include a statement
that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date
the offer is returned as undeliverable by the postal authorities.
AND IT IS FURTHER RESOLVED that the County Manager or his designee and the
Office of the County Attorney or its designee is hereby authorized and directed to institute a suit
in the name of Collier County and fully exercise Collier County's power of eminent domain for
the purpose of acquiring Parcel 108FEE, 108TCE1, 108TCE2 to the extent of the estate or
interest set forth as a part of such parcel's description and are further authorized and directed to
do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and
to also to do all things necessary to defend or prosecute any appeals. In pursuit of such
acquisition, the County Manager or his designee and the Office of the County Attorney or its
designee is specifically authorized to sign and file a Declaration of Taking so that Collier County
may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to
accomplish the acquisition of Parcel 108FEE, 108TCE1, 108TCE2 by settlement and
compromise at such terms that it may deem advisable under the circumstances of the litigation in
those instances where same can be effected in accordance with the terms, conditions and
limitations as established from time to time by the Board of County Commissioners of Collier
County. The County Attorney's Office is authorized and directed to utilize and assert any and all
constitutional and statutory authority of Collier County and the Board of County Commissioners
of Collier County relative to the acquisition of the subject parcels including, but not limited to,
the provisions of Chapters 73, 74, and 127, Florida Statutes.
-Page 3-
AND IT IS FURTHER RESOLVED that no mobile homes are located on the property
sought to be acquired and therefore it will not be necessary to remove any mobile homes from
the property to be acquired.
AND IT IS FURTHER RESOLVED that this Resolution is effective immediately.
This Resolution, adopted on this/23/4 day of O c--f06 tr. , 2012. after motion.
second and majority vote.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. ROCtC?<J LERK OF COLLIER COUNTY. FLORIDA
By -74--- e,,e_Ay-J
FRED W. OYLE. CHAIRMAN
411.00 C 4
t o1 to C.11
•loss
Approved a o form and
legal s y: ,t
e
Jeffrey L. Hinds
' Outside Eminent II.main Counsel
On behalf ofJeff-y A. Klatzkow
Collier County ttorney
-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
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1" = 80'
108FEE
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COMPANY OR = OFFICIAL RECORDS BOOK
OF FLORIDA PB = PLAT BOOK
FEE SIMPLE OR 1233, PG 1742 PG = PAGE
i FOLIO NO. POB = POINT OF BEGINNING
INTEREST 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 PUBUC 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 S03'46'45"W FOR 120.69 FEET;
THENCE 586'13'15"E FOR 5.00 FEET;
THENCE 503'46'45"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 COLUER COUNTY, FLORIDA;
THENCE N87'31'47"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 1 0 2012
MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 CITE SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
•.• rO,2012 lr:.]a AM wA2ee9\090031.00.00 1.4.54$a CR931 Int.w.ction 5norowm nu M.clam RRR\90X Pions\Pn i-bun y\Sk tcj,Md D.scMUOns\ICE-RW Ron 02\SKO-TOSFEE0.o
PROJECT: U.S.41/C.R.951/S.R.951 TA
SKETCH AND LEGAL DESCRIPTION xs '�,ix'
PARCEL 108FEE: RIGHT—OF—WAY i �Z SrwygsDe�pphl�
5810 Willow Park Drive.Sidle 200
PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS N.w7-0Fl5riFaX:(3
Phone:(239)597-0575 FAX:(239)597-0578
LB No.:8952
JOB NUMBER SION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
090081.00.00 I REVISION 1 I 3 I 515 I 26E I 1" = 80' 1 3/13/12 I R.A.K. I SKD_108FEE I 1 OF
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
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
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SCHEDULE IV
" 1;;��n; E I Page 1 of 2
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GRAPHIC SCALE
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OR 1233, PG 1742
FOLIO NO. 00726680005
I
LEGEND GEN RIGHT-OF-WAY
TEMPORARY OR - OFFICIAL RECORDS 1300K 1 CONSTRUCTION EASEMENTG
PB = PLAT BOOK
w PACE
f OB = POINT OF BEGINNING
! DURATION O. - PaNr of cowAENCEAAENr
!I YEARS.S. NTATE
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LEGAL DESCRIPTION — PARCEL 1 AKA ° ALSO KNOWN AS
108TCE1
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 SOUTHEAST CORNER OF "PARCEL 142" ORDER OF TAKING AS DESCRIBED IN OFFICIAL RECORDS
BOOK 1458, PAGE 1244 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA;
THENCE 587'31'47"E FOR 67.12 FEET ALONG THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL
RECORDS BOOK 4289, PAGE 1246 OF THE PUBLIC RECORDS OF 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 586'13'15"E FOR 8.D0 FEET;
THENCE SO3'46'45"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
,'� tti
MIC WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DA SI NED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
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PROJECT: U.S.41/C.R.951/S.R.951 �c
SKETCH AND LEGAL DESCRIPTION
RilizAl .
PARCEL 108TCE1: TEMPORARY.CONSTRUCTION EASEMENT �'°7+•tyt
PREPARED FO)E COLUER COUNTY GOVERNMENT/BOARD OT COUNTY COMMISSIONERS s6to Wipe Park Ida 34100
100 200
F►e7. F s Fa?1123
Ram:(�68�-0675 FAX:�59743678
LB t4o.:6052
JOB NUMBER [REVISiON SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILES NAME SHEET
090081.00.00 2 I 3 51S I 26E I 1" = 40' I 6/8/12 I R.A.K. I SKD_108TCE1 I 1 OF 1
N
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' 1 E SCHEDULE IV
Page 2 of 2
0 20 40
GRAPHIC SCALE
I. _ 40.
\� ( h'/
OUSTING RW t lj'9
N35'39'13'Ej r
5.00' S54'20'47"E
411, ,_108TCE2 411, ,_ 40.00'
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UN PLATTED
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OF BROOKLYN, INC.
OR 4289, PG 1246 P
FOLIO NO. 00724800007
a.,
UNPLATTED f,KRG 951 & 41, LLC LEGEND
OR 4167, PG 805 RW = RIGHT—OF—WAY
FOLIO N0. 00726280007 OR = OFFICIAL RECORDS BOOK
PB a PLAT BOOK
PG = PAGE
POE nn POINT OF BEGINNING
POC an POINT OF COMMENCEMENT
NO. = NUMBER
S.R. = STATE ROAD
AKA = ALSO KNOWN AS
LEGAL DESCRIPTION - PARCEL 108TCE2
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, 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 N35'39'13"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 -rmaw - ROW
CONSTRUCTION EASEMENT JUN 1 5 2812
DURATION 3 YEARS.
4/L1,4' -
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.
.Ivry 4 2012 •06 AM 61`\zoo9\osoo01.00.00 uS4l t CR951 Anrors+cUon bnp,o..,,n,a MM CR051 RRR\0011 Plms\Pn i-SUry y 3I.*cn And DssenpUOns\Ter-RW Avv oz\s1(Qroercczd"q
PROJECT: U.S.41/C.R.951/S.R.951
RIDS Phoouri
SKETCH AND LEGAL DESCRIPTION °4OA
imams
PARCEL 108TCE2: TEMPORARY CONSTRUCTION EASEMENT 6610 Wino Pant Drive.Suite 200
PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS
Naples.57-0575 FAX:X:(23
Phone:(239)597-6574 FAI(;(299)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 , 26E 1" = 40' 6/6/12 I RA.K. I SKD_108TCE2 I 1 OF 1