December 18, 2012 Regular Meeting Agenda Item #6

Subject US 301 (SR 43) at Fort Hamer Road Intersection Improvement Project / Approval of Settlement, Parcels 103 and 106 (Lydia Herrera) Briefings None Contact and/or Presenter Information Rodney C. Wade, Assistant County Attorney / Sandi Murphy Ext. 3750 Action Requested

FORM OF MOTION – Approval of a settlement with Lydia G. Herrera, individually, and as successor-in-interest to Baldemar R. Herrera, Deceased, and Herrera Sod, Inc., a Florida corporation, for the acquisition of Parcels 103 and 106 for the total settlement of $394,000.

This settlement includes full payment for the acquisition of the property:  $340,000, subject to apportionment proceedings in accordance with Section 73.101, Florida Statutes, if any, and statutory attorney’s fees & costs and reasonable expert fees and costs pursuant to Sections 73.091 and 73.092, Florida Statutes:  $54,000 in the eminent domain case of Manatee County v. Lydia G. Herrera, etc., et al., Case No.:  2012-CA-6505, Parcels 103 and 106.

Enabling/Regulating Authority

Article X, Section 6A of the Florida Constitution requires the payment of "full compensation" for the taking of private property for a public purpose.  Sections 73.091 and 73.092, Florida Statutes, also require the condemning authority to pay the owner's reasonable and necessary expert witness fees and costs and statutory attorney's fees to the owner's counsel based on a percentage of the benefit obtained or on an hourly basis when not otherwise provided for by statute.

Background Discussion The County will be acquiring Parcels 103 and 106 by entry of the attached Stipulated Order of Taking and Final Judgment from landowner Lydia G. Herrera at the Order of Taking Hearing scheduled to be held January 2, 2013, as part of the US 301 (SR 43) at Fort Hamer Road Intersection Improvement Project.  The parent tract is located at 12105 US 301 North and 12107 60th Street East, Parrish, Manatee County, Florida, and includes a single-family residence and commercial garage with related site improvements.   The area of the taking known as Parcel 103 is a fee simple taking and consists of 12,715 sq. ft. (0.29 acres) of the parent tract, which is an irregular-shaped taking adjacent to the existing right-of-way, approximately 150 ft. in length.

Manatee County Government Administrative CenterFirst Floor, Commission Chambers

9:00 a.m. - December 18, 2012

  Parcel 106 is a fee simple taking and consists of 16,920 sq. ft. (0.39 acres) of the parent tract, which is an irregular-shaped taking approximately 200 ft. in length.   The County’s appraiser valued the property at $236,500, and the landowner provided a summary appraisal report indicating a value for the taking and damages to the remainder of $607,200.    An informal mediation was held September 13, 2012, for the purpose of obtaining a Stipulated Order of Taking and global settlement of all issues in the case.  The landowner’s appraisal indicated loss of value in the after-condition due to the loss of the driveway and the close proximity of the home and barn to the road in the after-condition, resulting in a permanent severance damage of $137,700.  The landowner had a cure plan to restore the barn, cap the well, and sewer hookup cost in the amount of $270,200 which was eliminated in negotiations as well as $10,000 in business damages which was eliminated.   The landowner agreed to settle as full compensation for the acquisition of the property in the amount of $340,000 for Parcels 103 and 106.  This settlement amount is exclusive of attorney’s fees and attorney litigation costs.   Pursuant to Sections 73.091 and 73.092, Florida Statutes, this settlement contemplates the payment of additional funds for attorney’s fees and attorney litigation costs, inclusive of both monetary and non-monetary benefits, as follows:  $34,155 in full settlement of all attorney’s fees and attorney litigation costs to the landowners’ attorney in connection with the acquisition of Parcels 103 and 106 and a global settlement of $19,845 of all expert fees and costs.   This settlement takes into account the relative strengths and weaknesses in the case and the estimated costs associated with further litigation as well as the value of the property acquired.        Based on the foregoing, it is recommended that the Board approve the proposed settlement and authorize the County Attorney or Assistant County Attorney to execute the attached Stipulated Order of Taking and Final Judgment as to Parcels 103 and 106 and other necessary forms.   It is requested that a check be issued made payable to the Registry of the Court for the sum of $340,000 for the acquisition of the property from the landowner as well as check issued in the amount of $54,000 for all attorney’s fees and attorney litigation costs and expert fees and costs in accordance with Sections 73.091 and 73.092, Florida Statutes, and mailed to Gregory S. Rix, Esq., Moore Bowman & Rix, P.A., 300 West Platt Street, Suite 100, Tampa, Florida 33606, for proper disbursement.   Copies to: Ron Schulhofer, Director, Public Works Department Sia Mollanazar, P.E., Deputy Director, Engineering Services Jeff Streitmatter, Interim Manager, Project Management Division Vincent Canna, Senior Engineering Specialist, Project Management Division Charlie H. Bishop, PMP, Director, Property Management Department Joaquin Servia, Manager, Property Acquisition Division Barbara Carter, SR/WA, Real Property Supervisor, Property Acquisition Division County Attorney Review Other (Requires explanation in field below)

Manatee County Government Administrative CenterFirst Floor, Commission Chambers

9:00 a.m. - December 18, 2012

Explanation of Other This is a County Attorney item. Reviewing Attorney N/A Instructions to Board Records Forward one (1) approved copy of this Agenda Memo to Assistant County Attorney, Rodney C. Wade (rodney.wade@mymanatee.org). Cost and Funds Source Account Number and Name $394,000 / 380-6061960-561000/6061960-0003 (Northeast Transportation Impact Fees) Amount and Frequency of Recurring Costs N/A Attachment:  AerialMap_P103&106_Herrera.pdf Attachment:  Stip OT & FJ + Exhibits_signed by GSR.pdf

Manatee County Government Administrative CenterFirst Floor, Commission Chambers

9:00 a.m. - December 18, 2012

Parent Tracts

District 1 – Commissioner Bustle

U.S. 301 at Fort Hamer Road Intersection Improvement Project

Parcels 103 and 106(Lydia Herrera)

IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT MANATEE COUNTY, FLORIDA CIVIL DIVISION

MANATEE COUNTY, a political subdivision of the State of Florida,

Petitioner,

v. CASE NO.: 2012-CA-6505 DIVISION: "D"

LYDIA G. HERRERA, etc., et al., EMINENT DOMAIN PROCEEDING PARCELS 103 and 106

Defendants.

------------------------~/

STIPULATED ORDER OF TAKING AND FINAL JUDGMENT AS TO PARCELS 103 AND 106

THIS CAUSE having come on upon the stipulation of the Petitioner, MANATEE

COUNTY, a political subdivision of the State of Florida, and the Defendants LYDIA G.

HERRERA, individually, and as successor-in-interest to BALDEMAR R. HERRERA,

Deceased, and HERRERA SOD, INC., a Florida corporation, as to Parcels 103 and 106, and it

appearing to the Court that the parties were authorized to enter into such stipulation, and the

Court finding that the compensation to be paid by the Petitioner is full, just, and reasonable for

all parties concerned, and the Court being fully advised in the premises, it is hereby

ORDERED AND ADJUDGED as follows:

1. The Court has jurisdiction of the subject matter of and the parties to this cause.

2. The pleadings in this cause are sufficient, and the Petitioner is properly exercising

its delegated authority.

3. The property is being acquired for a public purpose.

4. The taking of this property is reasonably necessary to serve the public purpose for

which the property is being acquired.

5. The Estimate of Value filed in this cause by the Petitioner was made in good faith

and based upon a valid appraisal.

6. Upon the payment of the deposit hereinafter specified into the Registry of this

Court, fee simple title as to the real property described as Parcel 103 in Exhibit "A" and Parcel 106

in Exhibit "B," attached hereto and made a part hereof, shall be vested in the Petitioner, and the

properties and interests to said property shall be deemed to be condemned and taken for the use

of Petitioner.

7. As full compensation for the taking of Parcels 103 and 106 and for all damages of

any nature in connection with Parcels 103 and 106, Defendants LYDIA G. HERRERA,

individually, and as successor-in-interest to BALDEMAR R. HERRERA, Deceased, and

HERRERA SOD, INC., do have and recover of and from the Petitioner, MANATEE COUNTY,

the sum ofTHREE HUNDRED FORTY THOUSAND and 00/100 DOLLARS ($340,000.00).

8. Petitioner shall, within twenty (20) days of the entry of this judgment, deposit the

sum of THREE HUNDRED FORTY THOUSAND and 00/100 DOLLARS ($340,000.00) into

the Registry of the Court in satisfaction of the payment of compensation required herein subject

to apportionment proceedings in accordance with Florida Statutes§ 73.101, if any.

9. On deposit as set forth above and without further notice or order of this Court,

Petitioner, MANATEE COUNTY, shall be entitled to possession of the real property described

in the Petition.

10. Upon receipt of the deposit required above, the Clerk of the Court shall issue a

check payable to KEN BURTON, JR., as TAX COLLECTOR FOR MANATEE COUNTY,

FLORIDA, in the amount of pro-rata taxes due, if any, on the property acquired in this action by

eminent domain (Parcel ID Nos. 4862.0000/9,4863.0000/7, and 4834.1000/7).

Page 2 of5

11. Upon payment in full of real estate taxes owing, this suit shall stand dismissed as

to Defendant KEN BURTON, JR., as TAX COLLECTOR FOR MANATEE COUNTY,

FLORIDA, as to Parcels 103 and 106.

12. Upon receipt of the deposit required above and without further order of this Court,

the Clerk of the Court shall issue a check in the sum of THREE HUNDRED FORTY

THOUSAND and 00/100 DOLLARS ($340,000.00), less pro-rated real estate taxes due, if any,

payable to MOORE BOWMAN & RIX, P.A., TRUST ACCOUNT, as attorneys for Defendants

LYDIA G. HERRERA, individually, and as successor-in-interest to BALDEMAR R.

HERRERA, Deceased, and HERRERA SOD, INC., and mail said check to Gregory S. Rix, Esq.,

Moore Bowman & Rix, P.A., 300 West Platt Street, Suite 100, Tampa, Florida 33606, for proper

disbursement.

13. Defendant LYDIA G. HERRERA, individually, and as successor-in-interest to

BALDEMAR R. HERRERA, Deceased, within twenty (20) days of the entry of this judgment,

shall grant a Limited Right-of-Entry Easement to Petitioner, MANATEE COUNTY, as depicted

herein as Exhibit "C" for the sole purpose of demolition of those portions of the garage building

located outside the Right-of-Way. Petitioner, MANATEE COUNTY, shall be responsible for

the demolition of said structure, leaving the fanner building location cleared and leveled.

14. Petitioner, MANATEE COUNTY, in accordance with Florida Statutes §§ 73.091

and 73.092, shall, pay the sum of FIFTY-FOUR THOUSAND and 00/100 DOLLARS

($54,000.00) in full settlement of all attorney's fees for monetary and non-monetary benefits and

attorney litigation costs and expert fees and costs in this case payable to MOORE BOWMAN &

RIX, P.A., TRUST ACCOUNT, as counsel for Defendants LYDIA G. HERRERA, individually,

Page 3 of5

and as successor-in-interest to BALDEMAR R. HERRERA, Deceased, and HERRERA SOD,

INC.

15. Petitioner shall, within twenty (20) days of the entry of this judgment, issue a

check in the sum of FIFTY-FOUR THOUSAND and 00/100 DOLLARS ($54,000.00) payable to

MOORE BOWMAN & RIX, P.A., TRUST ACCOUNT, as counsel for Defendants LYDIA G.

HERRERA, individually, and as successor-in-interest to BALDEMAR R. HERRERA,

Deceased, and HERRERA SOD, INC., in satisfaction of the payment of all statutory attorney's

fees and attorney litigation costs and expert fees and costs required above and mail said check to

Gregory S. Rix, Esq., MOORE BOWMAN & RIX, P.A., 300 West Platt Street, Suite 100,

Tampa, Florida 33606, for proper disbursement.

16. The Court reserves jurisdiction for the purposes of enforcement of this order.

DONE AND ORDERED in Chambers at Bradenton, Manatee County, Florida, on this

__ day of January, 2013.

Copies to: Rodney C. Wade, Esq. Gregory S. Rix, Esq. Jackson H. Bowman, Esq.

JANETTE DUNNIGAN Circuit Court Judge

Manatee County Tax Collector - Attention Susan Profant, Paralegal, and Michelle Leeson, Specialist

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]

Page 4 of5

JOINT STIPULATION

Petitioner, MANATEE COUNTY, a political subdivision of the State of Florida, and

Defendants LYDIA G. HERRERA, individually, and as successor-in-interest to BALDEMAR R.

HERRERA, Deceased, and HERRERA SOD, INC., a Florida corporation, by and through their

respective attorneys, respectfully move for the entry of the foregoing Stipulated Order of Taking

and Final Judgment.

RODNEY C. WADE, ESQ. Florida Bar No.: 0374091 Deputy County Attorney Post Office Box 1000 Bradenton, Florida 34206 Telephone: (941) 745-3750 Facsimile: (941) 749-3089 rodney. wade(Q1mymanatee.org Attorneys for Petitioner MANATEE COUNTY Dated: ------------------

G~~QQ Florida Bar No.: 317217 JACKSON H. BOWMAN, ESQ. Florida Bar No.: 143715 MOORE BOWMAN & RIX, P.A. 300 West Platt Street, Suite 100 Tampa, Florida 33606 Telephone: (813) 318-9000 Facsimile: (877) 203-5748 grix@mbrfinn.com jbowman@mbrfinn.com Attorneys for Defendants LYDIA G. HERRERA, individually, and as successor-in-interest to BALDEMAR R. HERRERA, Deceased, and HERRERA SOl?!, INC. Dated: /'2 '{5-/Z....

Page 5 of5

ZNSIENGINEERING =~RS I PlANNERS I~~ I~~ AROflTECTS I ENViRONMENTAl CO'<SULTANTS

201 5th A Vl:NUE DRI\'1: EAST POST OfFICE BOX 9448

BRADENTON, FLORIDA 34206 ( 941 ) 748-8080

FAX (941) 748-3747

DESCRIPTION: A PORTION OF LOTS 1, 2, 3 AND 4 OF ENGLISH VILLA, A SUBDIVISION IN SECTION 32, TOWNSHIP 33 SOUTH, RANGE 19 EAST, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 1 03 OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA. BEING DESCRIBED AS FOLLOWS:

COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE N 89°12' 45~ W, ALONG THE SOUTH LINE OF SAID LOT 4, A DISTANCE OF 7.64 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N 89°12'45~ W, ALONG SAID SOUTH LINE, A DISTANCE OF 207.02 FEET TO AN POINT ON THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS S 42• 20' 02~ W, AT A DISTANCE OF 4305.00 FEET; THENCE NORTHWESTIERL Y ALONG THE ARC OF SAID CURVIE THROUGH A CENTRAL ANGLE OF 00°12'41~, A DISTANCE OF 15.88 FEET; THENCE N 84° 15' 03" W, A DISTANCE OF 6.38 FEET; THENCE S 60° 16'13" W, A DISTANCE OF 21.80 FEET TO AN INTIERSECTION W1TH SAID SOUTH LINE; THENCE N 89° 12' 45~ W, ALONG SAID SOUTH LINE, A DISTANCE OF 20.73 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 301 (STATIE ROAD No. 43) (SECTION 13020-1523); THENCE NORTHEASTERLY ALONG SAID EASTIERL Y RIGHT OF WAY LINE THE FOLLOWING TWO COURSES: (1) N 60°16'25~ E, A DISTANCE OF 150.01 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 1485.41 FEET; (2) NORTHEASTIERL Y ALONG THE ARC OF SAID CURVIE THROUGH A CENTRAL ANGLE OF 02• 24' 01", A DISTANCE OF 62.23 FEET; THENCE S 05• 27' 59" W, A DISTANCE OF 30.19 FEET TO A POINT ON THE ARC OF A CURVIE TO THE RIGHT WHOSE RADIUS POINT BEARS S 42°50'12" W, AT A DISTANCE OF 4445.00 FEET; THENCE SOUTHEASTIERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°29'41", A DISTANCE OF 115.96 FEET TO THE POINT OF BEGINNING.

CONTAINING 0.29 ACRES, MORE OR LESS. A•02' 24' 01" R•1485.41' L=62.23' CB=N 59' 04'18" E

PARCEL ID 483400057

CURVE AND LINE DATA

N.W. 1/4 SECTION 32

LEGEND: P.O.C. POINT OF COMMENCEMENT

P.O.B. POINT Of BEGINNING

R/W RIGHT OF WAY

ID IOENTIFICA TION

P.T. POINT OF TANGENCY CURVE ARC I DELTA I RADIUS I CHORD BEARING I A CENTRAL ANGLE C1 15.88 I D0'12'4~~ I 430s.oo I N 47'46'18" W I R RADIUS LINE BEARING DISTANCE L1 N 84'15' 03" W 6.38 L2 s 60'16'13" w 21.80 L3 N 89'12' 45" W 20.73

NOTES:

1. BEARINGS ARE BASED ON THE SOUTH UNE OF ENGLISH VILLA, A SUBDIVISION, RECORDED IN PLAT BOOK 4, PAGE 103 PUBLIC RECORDS OF MANA TEE COUNTY, FLORIDA, HA \liNG A BEARING OF N 89'12' 45" W, AND BASED ON FLORIDA STATE PLANE COORDINATE SYSTEM (WEST ZONE) NAD 83/90 DERIVIED FROM MANA TEE COUNTY GIS CONTROL SURVl:Y (1988) MONl'MENTATION.

L ARC LENGTH

CB CHORD BEARING No. NUMBER

~ SITE

PARCEL # 103 RIGHT OF WAY

FORT HAMER ROAD LOCATED IN

2. THIS DRAWING IS A SKETCH ONLY AND DOES NOT REPRESENT A FIELD SURVEY AS SUCH.

© ZNS ENGINEERING, L.C.

SECTION 32, TOWNSHIP 33 SOUTH, RANGE 19 EAST MANATEE COUNTY, FLORIDA

THIS DOCUMENT IS PROTECTED BY SECTION 106 Of THE "UNITED STATES COPYRIGHT ACT". REPRODUCTION OR ALTERATION Of THIS DOCUMENT OR THE INFORMATION CONTAINED HEREON BY ANY MEANS WHATSOEVIER IS STRICTIL Y PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF ZNS ENGINEERING, L.C. CONSENT IS HEREBY GRANTED SPECIFICALLY TO GOvtRNMENT AL AGENCIES TO REPRODUCE THIS DOCUMENT IN COMPLIANCE WITH F.S. CHAPTER 119.

T: \F't Homer-301\Pcrce!•\O..crlptlori•\Por-10J..doc T: \Fl Hom.,.-J01\Pot"e~•\Por-103.cfw9 b¥-nle Job f 00--.42203

FEE ACQUISITION PARCEL # 103

PROJECT No. 0000000

NOTE: NOT VALID 'MlHOUT T'lE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A Fi.OR!GA LICENSED SURVEYOR AND MAPPER.

WE HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION HAVE BEEN PREPARED VNDER OUR DIRECT SUPERVISION, lliAT THEY ARE A TRUE REPRESENTATION OF THE LAND AS SHOWIN AND DESCRIBED HEREON, 'THAT THEY ARE CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF AND lliA T THEY MEET THE "MINIMUM TIECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATIE OF

:":~2$.l :~MD' -"'.m.n~ 000' FLORIDA CERTIFICATE NO. LS 4292

DATE OF CERTIFICATION : I

EXHIBIT "A"

ZNSIENGINEERING ~~!j'6RS lf!ANNERS I ~~ORS I~ ARCHITECTS IENVIRCl-lMENTALCONSUlTANTS

201 5th A VENUE ORIVE EAST POST OfFICE BOX 9448

BRADENTON, FLORIDA 34206 (941) 748-8080

FAX (941) 748-3747

DESCRIPTION: A PARCEL OF LAND L YlNG IN THE N. W. 1/4 OF SECTION 32, TOWNSHIP 33 SOUTH, RANGE 19 EAST, MANA TEE COUNTY, FLORIDA. BEING DESCRIBED AS FOLLOWS:

COMMENCE AT THE SOUTHEAST CORNER OF LOT 4 OF ENGLISH VILLA, A SUBDIVISION AS PER PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 103 OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; THENCE N 89°12' 45" W, ALONG THE SOUTH LINE OF SAID ENGLISH VILLA, A DISTANCE OF 7.64 FEET TO THE POINT OF BEGINNING AND A POINT ON THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARSS 44°19'53" W, AT A DISTANCE OF 4445.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01• 36' 17", A DISTANCE OF 124.49 FEET TO THE POINT OF TANGENCY; THENCE S 45• 37' 51" E, A DISTANCE OF 18.84 FEET; THENCE N 89° 12' 45" W, A DISTANCE OF 200.67 FEET TO A POINT ON THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS S 44°18'11" W, AT A DISTANCE OF 4305.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF oo• 23' 53", A DISTANCE OF 29.91 FEET; THENCE N oo• 24' 03" E, A DISTANCE OF 79.50 FEET TO AN INTERSECTION WITH AFORESAID SOUTH LINE; THENCE S 39• 12' 45" E, ALONG SAID SOUTH LINE, A DISTANCE OF 120.29 FEET TO THE POINT OF BEGINNING.

s

CONTAINING 0.39 ACRES, MORE OR LESS.

PARCEL 10 483400057

LOT 2

ENGUSH VILLA A SUBDIVISION

PLAT BOOK 4, PAGE 103

\ \

LEGEND: P.O.C. POINT Of COMMENCEMENT

P.O.B. POINT Of BEGINNING

R/W RIGHT Of WAY

ID IDENTIFICATION

P.T. POINT OF TANGENCY

t:. CENTRAL ANGLE

R RADIUS

ARC LENGTH

CB CHORD BEARING

No. NUMBER

~ SITE

PARCEL ID l\•01'36'17" 483410007

R=4445.00' L=124.49'

CB•S 44• 51' 58" E

S 45' 37' 51" E 18.84'

PARCEL ID 483410155

NOTES:

N.W. 1/4 SECTION 32

1. BEARINGS ARE BASED ON THE SOUTH LINE OF ENGLISH V!LILA, A SUBDIVISION, RECORDED IN PLAT BOOK 4, PACE 103 PUBLIC RECORDS OF MANA TEE COUNTY, FLORIDA. HA V!NG A BEARING OF S 89'12' 45" E, AND BASED ON FILORIDA STATE PLANE COORDINATE SYSTEM (WEST ZONE) NAD BJ/90 DERIVED FROM MANA TEE COUNTY GIS CONTROL SURVEY (1988) MONUMENTATION.

PARCEL # 106 RIGHT OF WAY

FORT HAMER ROAD LOCATED IN

2. THIS DRAWING IS A SKETCH ONLY AND DOES NOT REPRESENT A FIELD SURVEY AS SUCH.

<C) ZNS ENGINEERING, L.C.

SECTION 32, TOWNSHIP 33 SOUTH. RANGE 19 EAST MANATEE COUNTY, FLORIDA

THIS DOCUMENT IS PROTECTED BY SECTION 106 OF THE "UNITED STATES COPYRIGHT ACr. REPRODUCTION OR ALTERATION OF THIS DOCUMENT OR THE INFORMATION CONTAINED HEREON BY ANY MEANS WHATSOEVER IS STRICTILY PROHIBITED WITHOUT THE PRIOR WIRITTEN CONSENT OF ZNS ENGINEERING, LC. CONSENT IS HEREBY GIRANTED SPECIFICALLY TO GOVERNMENTAL AGENCIES TO REPRODUCE THIS DOCUMENT IN COMPLIANCE WITH F.S. CHAPTER 119.

T: Vt Hotn«-J01\Pore.Ct~tlons\P106.doe T: Vt Homer-J01\Parc••\Por-106.c:fw-9 b.-nJ. Job I OQ-42203

FEE ACQUISITION PARCEL # 106

PROJECT No. 0000000

NOTE: NOT VALID WITHOUT THE SIGNA TVRE AND THE ORIGINAL RAISED SEAL OF A:FLORIDA LICENSED SURVEYOR AND MAPPER.

WE HERERY CERTIFY THAT THIS SKETCH AND DESCRIPTION HAVE BEEN PREPARED UNDER OUR DIRECT SUPERVISION, THAT THEY ARE A TRUE REPRESENTATION OF THE LAND AS SHOWN AND DESCRIBED HEREON, THAT THEY ARE CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF AND THAT THEY MEET THE "MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STA TIE OF FILORIDA', CHAPTER SJ-17-.050, FLORIDA ADMINISTRATIVE CODE.

LS 4292

DATE Of CER11FICATION : t I 0

EXHIBIT "B"

This instrument prepared by and return to: Rodney C. Wade, Esq. Manatee County Attorney's Office PO Box 1000 Bradenton, Florida 34206-1 000

RIGHT-OF-ENTRY EASEMENT

PROJECT #6061960 PARCELS 103 & 106

PARCEL ID NOS. 4862.000019, 4863.000017, and 4834.100017

For and in consideration of the benefits accruing to the Owner, LYDIA G. HERRERA, individually, and as successor-in-interest to BALDEMAR R. HERRERA, Deceased, as Grantor, whose mailing address is Post Office Box 39, Parrish, Florida 34219-0039, does hereby give, grant, bargain, and release to the COUNTY OF MANATEE, a political subdivision of the State of Florida, as Grantee, with its mailing address being Post Office Box 1000, Bradenton, Florida 34206-1000, a Right-of-Entry Easement to enter upon that portion of the Owner's land, said portion described as follows:

See legal descriptions identified as Exhibit ·~"attached hereto.

for the purpose of demolishing those portions of the garage building located outside the road right-of-way during the period of construction to be undertaken by Grantee for the U.S. 301 (SR 43) at Fort Hamer Road Intersection Improvement Project #6061960. Grantee shall be responsible for the demolition of said structure, leaving the former building location cleared and leveled. Work shall be performed in such a manner that existing improvements will be left in same or like condition. All costs associated with this project are the responsibility of Grantee.

This Easement will expire upon completion of the project.

Date: ________ _

Signed, sealed, and delivered in the presence of:

Witness

Printed Name

Witness

Printed Name

(Signature of two witnesses required by law.)

STATE OF------SS.

COUNTY OF ______ .

_______________ .(Seal)

LYDIA G. HERRERA, individually, and as successor­in-interest to BALDEMAR R. HERRERA, Deceased

The foregoing instrument was acknowledged before me this day of---------2013, by LYDIA G. HERRERA, individually, and as successor-in-interest to BALDEMAR R. HERRERA, Deceased, who is personally known to me or who has produced as identification.

NOTARY PUBLIC, State of Florida at Large My Commission Expires:

EXHIBIT "C"

LEGAL DESCRIPTIONS

Parcel103 I PI#4862.000019 (Per OR Book 925, Page 500):

Lots 1, 2, 3 and 4 of ENGLISH SUBDIVISION, known as ENGLISH VILLA, as per plat thereof recorded in Plat Book 4, page 103, of the Public Records of Manatee County, Florida, less existing road right-of-way.

Parcel104 I Pl#4863.0000/7 (Per OR Book 632, Page 177):

Lots numbered Five and Six of the English Villa Subdivision according to the Plat thereof recorded in Plat Book 4, Page 103, ofPlats of the public records ofManatee County, Florida.

Parcel106 I Pl#4834.1000/7 (Per OR Book 1115, Page 200):

Commence at the NE comer of the SE 114 of the NW 114 of Section 32, Township 33 South, Range 19 East of Manatee County, Florida; thence run South along the East line of said SE 114 ofNW 114 a distance of 376.49 feet for a Point of Beginning; thence run West along the South line of English Villa Subdivision as per plat thereof recorded in plat book 4, page 103 of the Public Records of Manatee County, Florida; a distance of 684.0 feet; thence run South perpendicular to last discribed line a distance of 100.0 feet; thence run east and parallel to the South line of said English Villa a distance of 684.0 feet to point on East line of said SE 114 of NW 114; thence run North along said East line of SE 114 ofNW 114 a distance of 100 feet to the Point of Beginning. Subject to road RJW off East.

LESS land described in OR Book 1267, Page 613:

Commence at the NE comer of the SE 114 of the NW 1/4 of Section 32, Township 33 South, Range 19 East, Manatee County, Florida; thence South along the East line of said SE 114 ofNW 1/4, 376.49 feet for a Point of Beginning; thence N 89°24'45" W, along the South line of English Villa Subdivision, as per plat thereof recorded in Plat Book 4, Page 103 of the Public Records of Manatee County, Florida, a distance of 263.00 feet; thence South 100.00 feet; thence S 89°24'45" E, 263.00 feet to a point on the said East line of theSE 1/4 of the NW 1/4; thence North 100.00 feet to the Point of Beginning. Less the East 40.0 feet for road Right-of-Way.

EXHIBIT "A"