Pelican Marsh Unit 18COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO:
FROM:
DATE:
RE:
Sue Filson, Administrative Assistant
John R. Houldsworth, Senior Engineer
July 17, 1998
Pelican Marsh Unit 18
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Pelican Marsh Unit 18. This document
has been reviewed by Engineering Review and the County Attorney's Office. Collier County
Resolution No. 9~3-147 provides for the administrative approval of preliminary work authorizations.
Please have the Chairman sign the document and forward to the Clerk's office.
Should you have any questions, please advise.
jrh
CC:
Project File
Reading File
PELICAN MARSil UNI'F 114
I'I,tELIMINAII. Y WORK AUTIIORIZATION
Tills AGREEMENT rnadc and entered into this /~'7,~ cia>' of July. 1998. bv and
between thc l~oard of County Commissioners of Collier County. Florida. hereinafter rcl~rrcd
"County". and WC[ Commtmitics l.imitcd Partnership. a Delaware limited partnership.
hereinafter rclbrred to as thc "Owner".
P,.ECITALS:
WIIEI~.I';AS, the County has adopted Collier County ()rdinancc No. l'.[J.I). 95-4
thc Pelican Marsh Plmmcd [Jnit Development Ordinance, hereinafter rclDrrcd to as thc
\VI IEREAS, Owner represents and warrants it is the record fcc title owner of thc lands
described in l'elican Marsh Unit 18, said legal description attached hereto ax l!xhibit "A" and
incorporated herein by reference: and
~VilF'.I~,EAS. Owner represents that thc lh'climilmry Work Authori×ation is nccdcd
bce:usc maintaining construction schedule tbr Pelican Marsh Unit 18 improvcmcm plans is
par:torrent with thc on-going construction and development of thc approved l'clican Marsh PlJl):
and
\VIII,;I,~EAS, Oxvucr represents and warrants that no construction shall occur in
environmentally sensitive areas unless thc necessary permits and approvals tbr thc construction
have bccn obtained by lilt Owner; and
W! I ERI'::\S, Owner acknowledges that :ill rCcluiremcnts of Collier Countx"s £3mwlh
Managcn~ent Plan and Adequate Public Facilities ()talin:ncc, No. 93-82, will bc met prior to
approval of a final subdivision plal. or final Kite development plan or building permit, as
appropri'atc: and
\\'I IEI~,I':,.\S. Section 3.2.7.3.6 of thc l.and l)cvelopmcnt Code establishes a mcchanisn~
fin' processing and issuing a Prclimilmry V',:ork ,,\uthorization.
N()W TI l l';IiEI:()I~,F,, in consideration om' tile promises, tile mutual undertakings of tile
parties, and ~}thcr good and valuable consideration, it is agreed by the parties hereto as lbltows:
SECTION I - ACKN{,)\V!,ED(;EMENT
Thc foregoing rccitals arc true and correct and arc incorporated herein bv reference. Further. it is
jointly ackm)wlcdgcd that the execution of this Agreement does not ccmstitutc a l)cx'clopn'~cnt
()Mcr or any other final approval by Collier County.
SE(71'I()N 2 - IMI'I,~OVI",MENTS
()wucr shall be permitted to perform site preparation and construction activities subject to
thc conditions, limitations and restrictions contained in Sections 3 through 7 below, as
Ibllows:
Clearing of rights-ol'-way lbr road and draim~ge construction and clearing of
casements For utility construction.
Construction of pavin,, and draina,ge infraslructure within street righ~s-ol~xvay ami
in those areas which will serve future residential areas, to include but not limited
to subgradc, base asphah, storm pipe. headwalls inlets, and sidewalks.
Construction of utilities and infrastructure to include water, sewer, irrigation
mains, and sewer pump station.
The preliminary work detailed in 'this Section shall be accordance with plans entitled Pelican
.hlarsh Unit l g, consisting of l 1 sheets, prepared by Agnoli, Barber ,5:: Brundagc, lnc.. dated Juno
27, 1997. hereinafter referred to as the "Thc Preliminary Work". The legal description of the
boundaries of the Preliminary Work is shown on the preliminary plat lbr Pelican Marsh Unit 18
consisting ot'3 sheets prepared by, Ariel i2. Alvarez, P.S.M., of Agnoli, Barber & Brundage, Inc.
l'rior to ail,,,' work being undertaken, owners shall submit to the County complete permit
packages and applicable review and inspection Ikcs lbr thc necessary permits lbr the
l'rcliminary Work (thc "Preliminary Work Permits"). These applications arc ils Iblloxvs:
l'clican Marsh Unit 18 constructior~ plans. Agnoli, Barber & Brtmdagc. Inc..
Project Number 7529. File Nc). 6179, sheet numbers I through II. dated June 27.
1997.
Final plat for l'clican i¥1arsh Unit 18, prepared by' Ariel R. Alvarcz. ILS.M.. of
Agnoli, Barber and Brundagc, Inc.
SECTION 3 - PI'~RMIT,% I(EQUIRFiI)
Issuance of tile Preliminary Work permits shall be conditioned upon thc following:
County staff findiug that thc applications for I rcliminar3 Work l'ermits are
complete and satisfactory and are ready for scheduling to thc 13oard of County
Comu'fissioners for linal plat approval.
b.
Ox'.'ncrs submitting to the County a cop.,,' or'the early work permit or actual permit
fi'ertl thc South Florida Water Nlanagcmcnt District lbr all matters included in thc
jurisdiction of the South Florida Water Management District. which conlbrms
with thc Prelimina~ Work Release plans submitted to thc Cotmtv. This permit
docs not apply.
SI:,C'TI()N 4 - AI'I'R()VAI,S
County ,,,,'ill issue tile l'reliminary Work [~crmits to per'mit thc Preliminary \\:ork prior to plat
approval once conditions (a) through (b) itl Suction 3 above have bccn satisfic(.I.
Owner tmdcrstands that no building permit will be issued for habitable structures within Pelican
Nlarsh Unit 18 until the plat is approved and recorded.
,',;F,(srI()N 5 - INI)EMNI FICATION
O ~mI~ O ia [~ g]Occ 5 t O indemnify and hold County harmless against any anti ail liability, loss. damage
or expense fro{il claims or causes of action including attorneys IDes and court costs rcsuJlirp.2,
from. arising out of. and irt connection with O,.vncr's negligence and/or willful misconduct'~n thc
construction of thc l'reliminary Work under the l'rctiminarv Work Permits or any challenge by
any person or party objecting to tile legality or validity of this ,'\grccmcnl.
SECTION 6 - I{ESTI~,iCTI()NS
This Agreement shall be binding upon the parties and is not transferable.
si(eTlON 7 - IAMI'FATI()NS
This Agreement shall expire thirty (30) days from thc date of thc issuance of thc t'rclimimtrv
Work Permits if thc project's final plat is not submitted to the Board el'County C'ommissio(:cr's
Ibr approval l>ursuant to Division 3.2 of thc l.and IDcvclopmcnt Goclc, unless tS~c ()xvncr is
delayed in having his final plat reviewed by thc Board duc Io thc Iht:It of thc County. All work
approved by this Agreement nltlst cease alld not restart if thc linal plat is not submitted and
apl)roved by the Board of County Commissioners within ti:is authorization period. No work is
authorized under this Agreement prior to salisf?ing thc conditions (a) through (c) in Ncction 3 of
thisAgrccmcnt. Any attempt to commcncc work prior lo issuance ofrcquisitc pcrmits shall
render all provisions of this Agrccmcm null and void.
13v entering into this Agreement tile County docs not guarantee and thc Owner cannot rely ui>tm
tl~c fact that lhe projcct's linal plat ,.,.'ill be approved upon submission to thc P, oard of Cot'mtv
Comrnissioncrs. The Owner is rcquircd to comply with all of thc provisions and procedures' of
ibc l.and Dc,.'clopmcnt Code before the plat can be submitted to thc Board tbr consideration.
IN WITNESS WHF, I,~E()F, the parties have executed this Agreement thc day first above
written
l'rintcd Name
\\'itx~ss
It.'.vb: ..t
Pti mod Name
Owller
WCI Communities Limited Partnership
,.VI'Ti(F;'I':
Attest as to Chatrman s
signature only,
Approved as to form and legal suflicicncv:
..\ssistant County Attorney
13OARD OF COUNTY cOrvlNIISSIONI:t~.%
01" COLI.It!I~, C'()tJNTY. I:I.01(II),,\
ST:VI'I.: OI,' FLORIDA
COUNTY OF COLLIICR
The foregoing Agreement was acknowledged bclbre me by Al l)t)ughcrty. Vice lh'csidcnt
lbr XV(/I Communities Limited i'artnership, a Delaware limited partnership, who is pcrso~utllv
kllt)~Xll [O IllC.
WITNESS my hand and oflScial seal this z'rH day of July, 1998.
(altlx notarial seal)
07-9 7 7j,'q v, pd
/~'¢' / ' 'r t i ~'v
No'tarv l'ublic
.II]A'I~' A, N I I,I,I'.'A'
Printed Name
My Commission 17'~xp~res:
(.'( ),V,V I NN I ( L'V ,'.,'().
DESCRIPTION OF LANDS PLA TT[ZD
ALL THAT PART OF TRACT "2' PELICAN MARSH GOLF COURSE PHASE ONE,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2.3,
PACES 40 THROUGH 47. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
BEING ,~,40RE PARTICULARLY DESCRIBED AS FOLLOWS;
BEG;NN!NG AT THE SOUTHEAST CORNER OF PELICAN MARSH UNIT SIXTEEN,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 28, PAGES
55 AND 56, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA:
THENCE SOUTH 02"19'25" W~ST 622.57 FEET TO A POINT OF
CURVATURE; THENCE SOUTHERLY, SOUTHWESTERLY. AND WESTERLY
ALONG THE ARC OF SAID CURV~,CONCAVE NORTHW~STERL'r', HAV1NG A
RADIUS OF 985.00 FEET. A CENTRAL ANGLE OF 76'48'65" AND AN
ARC DISTANCE OF- 1520.57 FEET:
7HENCE SOU TH 79'08'20" WEST `57t.75 FEET TO A POINT QF
C'URVATURE; THENCE '~JESTERL¥' ALONG THE ARC OF SAiD CURVE,
CONCAVe,_ NOR'FHERLY, HAV?NC A RADIUS OF 1000.00 FEET, A CENTRAL
ANGLE OF 10'06'4.5" AND AN ARC DISTANCE OF 176.48 FEET;
THENCE SOUTH 89'15'08" WEST 908.58 FEET TO A POINT OF
CURVATURE; THENCE W'~STERLY, SOUTHWESTERLY, AND SOUTHERLY
ALONG THE ARC OF SAID CURVE, CONCAVE SOUTHEASTERLY, HAVING A
9ADIUS QF 110.00 FEET, A CENTRAL ANGLE QF 86'.35'I4" AND AN
ARC DISTANCE OF 156.24 FEET;
THENCE SOUTH 02'`59'48" W~ST ..352.91 FEE~' TO A POINT OF
CURVATURE: THENCE SOUTHERLY, SOUTHEASTERLY, AND EASTERLY
ALONG THE ARC OF SAID CURVE, CONCAVE NORTHEASTERLY, HAVING A
RADIUS OF 45.00 FEET, A CENTRAL ANGLE OF 9.5'00'46" AND AN
ARC DISTANCE OF 7.3.05 FEET TO A POINT OF CUSP AND AN
INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF
VANDERBILT BEACH ROAD, 150.00' (RIGHT-OF-WAY,) AS RECORDED IN
OFFICIAL RECORD BOOK 2286, PAGE 1055, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA:
THENCE SOUTH 89'59'02" WEST ALONG SAID RIGHT-OF-WAY LINE A
DISTANCE OF 200.28 FEET TO A POINT OF CUSP; THENCE LEAVING
SAID RIGHT-OF-WAY LINE EASTERLY, NORTHEASTERLY,' AND NORTHERLY
ALONG THE ARC OF A CURVE. CONCAV~ NORTHWESTERLY, HAVING A
RADIUS OF' 45.00 FEET, A CENTRAL ANGLE OF 86'59'14" AND AN
ARC DISTANCE OF 68.52 FEET;
THENCE NORTH 02'`59'48' EAST .575.5..3 FEET TO A POINT OF
CURVATURE; THENCE NORTHERLY, AND NORTHWESTERLY ALONG THE ARC
OF SAID CURVE, CONCAVE W~STERLY, HAVING A RADIUS OF 100.00
FEET, A CENTRAL ANGLE OF .57'2t'25" AND AN ARC DISTANCE OF
6.5.20 FEET TO A POINT OF REVERSE CURVATURE; THENCE
NORTHWESTERLY, NORTHERLY, AND NORTHEASTERLY ALONG THE ARC OF
SAID CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 95.00 FEET, A
CENTRAL ANGLE OF 50'29'02" AND AN ARC DISTANCE OF 100.29
FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY,
AND NORTHERLY ALONG THE ARC OF SAID CURVE, CONCAVE
WESTERLY, HAVING A RADIUS OF 140.00 FEET, A CENTRAL ANGLE OF
4.3'27'52" AND AN ARC DISTANCE OF 106.20 FEET:
THENCE NORTH 17'40'27" WEST 27.98 FEET TO A POINT OF
CURVATURE: THENCE NORTHERLY, AND NORTHWESTERLY ALONG THE ARC
OF SAID CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF
150.00 FEET, A CENTRAL ANGLE QF 25'57'12" AND AN ARC
DISTANCE OF 58.89 FEET;
I.'.\'il I I'; I T %1"
%.'
:~.THENCE NORTH 43'37'38" WEST 59.70 FEET TO A POINT OF
'.'CURVATURE: THENCE NORTHWESTERLY, AND WESTERLY ALONG THE ARC
.:i OF SAID CURVE, CONCAVE SOUTHWESTERLY, HAV?NG A RADIUS OF
'92.00 FEET, A CENTRAL ANGLE OF 26'06'48' AND AN ARC
DISTANCE OF 41.9,3 FEET TO AN INTERSECtiON WITH A NON-'i'ANGENT
LINE;
THENCE NORTH 41'J9'24" EAST ALONG SAID NON-TANGENT LINE A
DISTANCE OF 55.2.5 FEET TO AN ~NTERSECTION WITH THE ARC OF A
NON-TANCENT CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS NORTH
46'04'46" EAST lO0. O0 FEET, A CENTRAL ANGLE OF 10'35'20'
AND AN ARC DISTANCE OF 18.42 FEET TO A POINT OF REVERSE
CURVATURE; THENCE SOUTHEASTERLY ALONC THE ARC OF SAID CURV~.
CONCAVE SOUTHWESTERLY, HAVINC A RADIUS OF 142.00 FEET, A
CENTRAL ANCLE OF 10'60'65' AND AN ARC DISTANCE OF 26.89
FEE C
THENCE SOUTH 43'57'`38" EAST 59.91 FEET; TO A POINT OF
CURVATURE; THENCE SOUTHEASTERLY, AND SOUTHERLY ALONG THE ARC
OF SAID CURVE, CONCAVE SOUFHV~STERLY, HAVING A RADIUS OF
2.50.00 FEET, A CENTRAL ANGLE OF 28'17'I7" AND AN ARC
DISTANCE OF 113.56 FEET TO A POINT OF REVERSE CURVATURE:
THENCE SOUTHERLY, SOUTHEASTERLY, AND EASTERLY ALONG THE ARC
OF SAID CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
100.00 FEET, A CENTRAL
ANGLE OF 5,5'27'01' AND AN 'ARC DISTANCE OF 95.29 FEET TO A
POINT. OF REVERSE CURVATURE; THENCE EASTERLY, AND
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 98.00 FEET, A CENTRAL ANGLE
QF 27'00'05" AND AN ARC DISTANCE QF 45.18 FEET TO A POINT
OF REVERSE CURVATURE; THENCE SOUTHEASTERLY, AND EASTERLY
ALONG THE ARC OF SAID CURVE, CONCAVE NORTHEASTERLY, HAVING A
RADIUS OF 100.00 FEET, A CENTRAL ANGLE QF 48'57'42" AND AN
ARC DISTANCE OF 85.45 FEET;
THENCE NORTH 89'I5'0J" EAST 916.18 FEET TO A POINT OF
CURVATURE; THENCE EASTERLY ALONG THE ARC OF SAID CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 940.00 FEET, A CENTRAL
ANGLE OF 'i0'05'45" AND AN ARC DISTANCE OF '165.90 FEET'
THENCE NORTH 79'08'20' EAST J71.76 FEET TO A POINT OF'
CURVATURE; THENCE EASTERLY, NORTHEASTERLY, AND NORTHERLY
ALONG THE ARC OF SAID CURVE, CONCAVE NORTHWESTERLY, HAVING A
RADIUS OF 925.00 FEET, A CENTRAL ANGLE OF 76'48'55" AND AN
ARC DISTANCE OF 1240.15 FEET;
THENCE NORTH 02'19'25" EAST 522.67 FEET TO A SOUTHWEST
CORNER OF AFORESAID PLAT OF PELICAN MARSH UNIT 16;
THENCE SOUTH 87'40'35" EAST ALONG A SOUTHERLY LINE OF SAID
PLAT A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING OF
P~E PARCEL HEREIN DESCRIBED;
CONTAINING 6.895 ACRES OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICtiONS OF RECORD.
I.XIIII~IT %,"