Backup Documents 06/28/2016 Item #16D10 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6e g(311,(0`
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA �
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to th 'o .�[t�rii0
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Coun to c I
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
3. Jennifer Belpedio County Attorney Office 17 No
4. BCC Office Board of County -1:;;V"b,--\
Commissioners 6/ -1,1t1vh
5. Minutes and Records Clerk of Court's Office 7`+ ` fit 116 23 2b,
PRIMARY CONTACT INFORMATION 1
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Natali Betancur Phone Number 239-252-4059
Contact/ Department
Agenda Date Item was 6/28/16 Agenda Item Number . 16D10
Approved by the BCC
Type of Document Agreement Number of Original I
Attached Documents Attached
PO number or account
number if document is
to be recorded r /0.-
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? 5444 0"0 d 1,(41.1 NB
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed wv"
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the NB
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's NB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 06/28/16 and all changes made during NB
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready forth
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 43e—...
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MEMORANDUM
DATE: June 1, 2016, 2016
TO: Natali Betancur
FROM: Perry Peeples
Property Acquisition Specialist
Real Property Management
RE: Sienna Reserve Access Agreement
Enclosed is the original Access License Agreement, with all exhibits, executed by the
developer and homeowners' association.
DINWSITGRH5T29E79B1RO53CERECORDED 8/5/2016 95AM PAGES
A
GES161310
7
O8F32THE
CIRCUIT COURT
COLLIER COUNTY FLORIDA
Project: NCRP/Sienna Reserve Access REC$146.00 INDX$1.00
Folio No.:00196800004 and 73620010122
ACCESS LICENSE AGREEMENT
THIS, ACCESS LICENSE AGREEMENT (the "License Agreement") is made this 10411
day of � , 2016, by and between COLLIER COUNTY, a political
subdivision o the State of Florida, its successors and assigns, whose mailing address is
c/o Real Property Management, 3335 Tamiami Trail East, Suite 101, Naples, Florida
34112, (hereinafter "County"), and LYNX ZUCKERMAN AT HAMILTON GREENS, LLC, a
Florida limited liability company, its successors and assigns, whose mailing address is
6131 Lyons Road Suite 200, Coconut Creek, FL 33073 and SIENNA RESERVE
HOMEOWNERS ASSOCIATION, INC., a Florida not for profit corporation, its successors
and assigns, whose mailing address is 6131 Lyons Road Suite 200, Coconut Creek, FL
33073 (hereinafter collectively "Owner").
WITNESSETH:
WHEREAS, County owns that certain real property located in Collier County,
Florida, known as the North Collier Regional Park, described in Exhibit "A" attached
hereto and incorporated herein, (hereinafter "County Property"); and
WHEREAS, Owner owns that certain adjacent real property located in Collier
County, Florida described in Exhibit "B" attached hereto and incorporated herein,
(hereinafter "Owner's Property"); and
WHEREAS, County desires to grant a non-exclusive revocable license in favor of
Owner, for the construction, operation and maintenance of a pedestrian sidewalk and
bike path over, across and upon that portion of the County Property more particularly
described in attached Exhibit "C," which is incorporated herein by reference
(hereinafter "License Area").
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by each party, it is hereby agreed between the parties that the terms,
conditions, and provisions contained herein are acceptable as follows:
1 . Recitals. The foregoing recitals are true and correct and incorporated herein
by reference.
2. License. County does hereby grant to Owner, a revocable, non-exclusive
license for the construction, operation and maintenance of a pedestrian sidewalk
and bike path over, across and within License Area, with a surface of not more
than five feet in width, in accordance with this Agreement. This license shall be
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revocable at will by County upon thirty (30) days written notice to Owner and after
an affirmative vote to revoke this License Agreement by the Collier County Board
of County Commissioners at a properly noticed public meeting.
3. Use of Sidewalk and Bike Path. Owner may construct, install, operate and
maintain improvements within the License Area for purposes of a sidewalk and bike
path to and from the County Property by residents of the Sienna Reserve
neighborhood as described in Section 4. Provided, however, no motorized vehicle
of any kind is allowed on the sidewalk and bike path. Notwithstanding any term of
this License Agreement to the contrary, the County and its employees, contractors,
and agents and the general public shall have continuous access over, and use of
the License Area. Owner's use of the License Area shall be subject to all rules,
regulations and restrictions governing the use of County's Property, including
security and hours of operation.
4. Design of Sidewalk and Bike Paths. All plans for the construction of the
sidewalk, bike paths and associated improvements, including materials to be used
in the improvements, are attached hereto as Exhibit "D" (hereinafter
"Improvements"). Such plans shall be presented to the County Manager, or his
designee, on behalf of the Collier County Parks & Recreation Division, and the
Collier County Engineering Services Section, for review and approval by said
Division and Section, prior to Owner's submittal for development approval at the
County's Growth Management Department Offices. The parties acknowledge and
agree that this approval of the sidewalk and bike path design is a condition of
granting of this license and shall not be construed as part of the County's required
development review or a waiver of any provision of the Collier County Land
Development Code.
5. Construction of Sidewalk and Bike Paths. The planning, permitting and
construction of all Improvements permitted within the License Area pursuant to the
terms of this License Agreement shall be at the sole cost and expense of Owner,
and shall comply with all federal, state, local and quasi-governmental laws,
ordinances, rules and regulations, including, but not limited to, environmental
permitting or permit modifications on both the County's Property and the Owner's
Property relating to this access. This shall include, but not be limited to,
amendment to the County's Site Development Plan, Florida Recreation
Development Assistance Program Grant, Conservation Easement and
Environmental Resource Permit encumbering County's Property. Prior to
commencement of construction, Owner shall provide County with satisfactory
evidence that Owner has obtained all necessary permits, approvals and
modifications required for the Improvements, including modifications to both
County's and Owner's Conservation Easements and an amendment to County's
Site Development Plan, to allow the proposed uses. If during the process of
obtaining all permits, approvals and modifications it is discovered that County is in
material violation of the conditions of its Conservation Easement or Environmental
Resource Permit, County shall, at its expense, bring the Conservation Easement and
Environmental Resource Permit into compliance with the South Florida Water
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Management District. Owner shall not apply for an amendment to the County Site
Development Plan until Owner has obtained all other permits and approvals,
including amendments to the County's and Owner's conservation easements,
required for the Improvements. Owner shall substantially complete construction of
the Improvements within two years from the date of this License Agreement.
6. Maintenance of Sidewalk and Bike Paths. Owner shall have the sole
responsibility to maintain and repair in a proper, substantial, and workmanlike
manner, the Improvements installed by or at the direction of Owner within the
License Area. Should the Owner fail to maintain the License Area in accordance
with Exhibit "D" or law, the County may provide notice to the Owner in writing,
specifying the nature of the deficiency. Within five working days following
receipt of such notice, the Owner at its sole cost shall cause the appropriate
repairs or cure to be effected. In the event damage to, or failure to maintain
the License Area results in a situation where public safety is at risk, (1) the Owner
shall effect repairs within twenty-four hours of receipt of the County's written
notice, or (2) the County may, at its option, effect repairs to the Improvements,
without the need for prior notice to the Owner, and will promptly bill the Owner
for all actual costs incurred in effecting the repairs. The Owner shall reimburse
the County for such costs within thirty days of receipt of the County's bill.
7. Security. Owner shall be responsible for securing the border of Owner's
Property and County shall not be responsible for any claim or liability arising from
access to or from Owner's Property through the License Area. Owner shall install
and maintain a locking gate on Owner's Property adjacent to the License Area.
Owner shall also install and maintain signage on Owner's Property restricting
access to only the hours the North Collier Regional Park is open to the public.
County may, at its discretion, secure County Property by placing its own lock on
Owner's gate.
8. Reservation. County reserves the right to use the License Area and all
completed improvements for access by its employees, contractors, agents,
invitees, vendors and the general public.
9. Mitigation. The parties both acknowledge and agree that the location of the
License Area passes through land currently encumbered by the County's existing
Conservation Easement to the South Florida Water Management District. In the
event that mitigation is required by any agency relating to the Owner's use of the
License Area, Owner will be solely responsible for the costs associated with that
mitigation and shall provide confirmation of the to County that all mitigation
requirements have been met prior to any improvements being made within the
License Area.
10. Indemnification. Owner shall indemnify, defend, save and hold harmless
County, its agents and employees, from and against any suits, demands, claims,
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liability, losses, penalties, damages,judgments, orders, decrees, costs and expenses
(including attorneys fees and disbursements and all costs, both at trial and
appellate levels)arising directly or indirectly from (i) Owner's design, construction or
use of the License Area, (ii) any work or thing done, or any condition created by or
on behalf of Owner on or about the License Area, (iii) any condition of the License
Area due to or resulting from any default by Owner in the performance of its
obligations under this License Agreement or otherwise, or (iv) any act, omission,
error or negligence of Owner, its agents, contractors, employees, licensees,
members or invitees on, about or in connection with the License Area. This
indemnification shall survive the termination of this License Agreement.
11. Insurance. Owner shall provide and maintain insurance on the License Area as
required by County, in an amount and on terms acceptable to County. Such
insurance shall include, but not be limited to, general liability and property liability
policies. In addition, Owner shall maintain and provide Worker's Compensation
Insurance meeting statutory limits in compliance with all applicable state and
federal laws. The coverage shall include Employer's Liability Insurance. All such
insurance policies shall list and continually maintain County as an additional
insured. Evidence of such insurance shall be provided to the Collier County Risk
Management Division and shall include a provision requiring not less than ten (10)
days prior written notice to County in the event of cancellation or change in
coverage.
12. Default. Owner's failure to comply with any provision of this License Agreement
shall constitute a default, whereupon County may (i) sue for specific performance,
(ii) cure such default or perform such provision and charge Owner with County's
expenses for such performance, (iii) seek any other remedy available at law or in
equity, or (iv) upon written notice of such default to Owner, and after a public
hearing and affirmative vote as set forth in Section 2 above, terminate this License
Agreement pursuant to its revocable nature and unilaterally record a written
termination of this License Agreement in the Public Records of Collier County,
Florida. County's delay or failure to exercise any right, power or remedy accruing
under this License Agreement shall not waive or impair any such right, power or
remedy; nor shall such delay or failure to enforce its rights be construed as a waiver
of any breach or default, or any similar breach or default by Owner in the future.
13. Responsibilities upon Termination. In the event this License Agreement is
terminated by either party, for any reason, Owner shall, at the request of County,
remove all improvements to the License Area and return the License Area to its
original condition. Prior to commencement of such restoration work, Owner shall
obtain all necessary permits, approvals and modifications and comply with all
requirements as set forth in Section 5 above.
14. Recording Costs. Owner shall pay all costs of recording this License
Agreement and the recording of any other permit, modification, amendment or
release required by this License Agreement.
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15. Notice. Any notice required by this License Agreement shall be in writing to the
other party at the address set forth above. Any notice to County shall include a
copy to the Office of the County Attorney and a copy to the Parks and Recreation
Division.
16. Governing law and venue. This License Agreement shall be governed by, and
construed in accordance with Florida law. Any action hereon or in connection
with this License Agreement shall be brought in Collier County Florida.
17. Assignability. The license created by this License Agreement is for the benefit
of the Owner's Property only. It is not intended, nor shall it be construed, to grant
any right, privilege or interest to any third party or additional property. The license
rights may not be assigned or expanded without the prior written consent of
County, which consent may be withheld in County's sole discretion.
18. Disclosure of obligations. Owner shall record an amendment to the
Declaration of Association Covenants and Restrictions for Sienna Reserve
Homeowners Association, Inc. dated July 8, 2014 and recorded in Official Records
Book 5057, Page 1450, of the Public Records of Collier County, Florida providing for
the homeowner's association to assume responsibilities for the obligations as set
forth herein. Owner shall provide existing owners of homes within Sienna Reserve
with a copy of the recorded amendment and shall provide new purchasers of
homes within Sienna Reserve a copy of the Declaration for Sienna Reserve, as
amended, at the time of contract, and as is customary, each such contract
purchaser shall be required to sign a homeowner association documents
acknowledgement as well as Disclosure Summary regarding the homeowner's
association, as required by Florida law.
IN WITNESS WHEREOF, County and Owner have caused these presents to be
executed the date and year first above written.
AS TO COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROOK,,Clerk COLLIER COUNTY, FLORIDA
or BY: Lae J-6;14..
.Deputy Clerk DONNA FIALA, Chairman
Attest as g • _; $
signature only..
Approved as to form and legality:
Jennifer A. B-Iped • rS./ 4)
Assistant County • •,ney ✓�
5
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AS TO OWNERS:
WITNESSES:
Ow"', ' ....111=1-!--.00...6__
_ LYNX ZUCKERMAN
_
(signature) AT HAMILTON GREENS, LLC,
a Florida limited liability company
Knit-FitiaC: (It:4 firiCr9 CI
(printedaame)
)(A --------- By: LYNX ZUCKERMAN
HOLDING COMPANY, LLC,
a Delaware limited liability company
Ifs Managing Member
(signature)
(printed name)name) Michael McCarty,
Its
STATE OF
COUNTY OF
The foregoing Access License Agreement was acknowledge before me, this 2ist
day of pPe i L , 2016, by Michael McCarty, as rv-ocir-f--)(:„.<0 of Lynx
Zuckerman Holding Company, LLC, as Managing Member of Lynx Zuckerman at
Hamilton Greens, LLC, on behalf of said companies, who is:
(t.- Dersonally known to me
OR
( ) has produced as evidence of identification.
(affix notarial seal) /
_ .../
(Signatu - of Notary Public) LIEBERMAN
ARLENE
(Print name of Notary Public) NOTARYKIEucoFNEw JERsEy
NOTARY PUBLIC MY Commission EVires 1CV15/2019
Serial/Commission #: if any
My Commission Expires:
6
( .
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AS TO OWNERS:
WITNESSES:
40_6 SIENNA RESERVE HOMEOWNERS
(signature) ASSOCIATION, INC.,
a Florida not for profit corporation
(printed name)
By: :11.
..7Steven ckerman, Its President
(signe)
C' Mr-S
(printed name) (Corporate Seal)
STATE OF F1ovidci
COUNTY OF Bmow
The foregoing Access License Agreement was acknowledge before me, this
day of Noxi 1 , 2016, by Steven Zuckerman, as President of Sienna Reserve
Homeowners Association, Inc., on behalf of said corporation, who is:
,(personally known to me
OR
( ) has produced as evidence of identification.
(affix notarial seal)
(Signature of Notary Public)
C0-41-ertoe t-ee l %v (m-ei
(Print name of Notary Public)t ,,; :a.e., CATHERINE: HO1.tES
NOTARY PUBLIC Commission '4O'SOnfi
jai Expires Jur
Serial/Commission # : if anyNr; sP• B«d� ? 7019
My Commission Expires: uy
ooSOUg Ohl i zak1
EXHIBIT 16010
Page I of
CURVE TABLE
CURVE DELTA RADIUS ARC CHORD CHORD BFARING
CI 11.04'14" 11621,16 2245.41 2241.92 S 05'34'36" E
2241.68 S 0533':30" E (M)
DESCRIPTION OF I ANDS SURVEYED
ALL THAT PART OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, F'T.ORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 30, THENCE NORTH
02'00'05" WEST ALONG THE WESTERLY LINE OF SAID SECTION 30, A DISTANCE OF
2670.66 FEET TO THE WEST ONE-QUARTER CORNER OF SAID SECTION 30;
THENCE NORTH 02'06'13" WEST ALONG SAID WESTERLY LINE OF SAID SECTION 30, A
DISTANCE OF 333.72 FEET;
THENCE LEAVING SAID WESTERLY LINE OF SAID SECTION 30, SOUTH 89'57'54" EAST
329.97 FEET;
THENCE NORTH 02'06'08" WEST 166.86 FEET;
THENCE SOUTH 89'57'54" EAST 329.98 FEET;
THENCE SOUTH 02'Q6'0J" EAST 500.58 FEET TO AN INTERSECTION 141TI THE NORTH
I INE OF THE SOUTH HALF OF SAID SECTION 30;
THENCE SOUTH 89'47'54" EAST Ai.ONG THE NORTH LINE OF THE SOUTH HALF OF
SAID SECTION 30, A DISTANCE OF 1979.79 FEET TO THE COMPUTED CENTER OF SAID
SECTION 30;
THENCE CONTINUE NORTH 89'57'54" EAST ALONG THE NORTH LINE OF THE SOUTH
HALF OF SAID SECTION 30, A DISTANCE OF 715.93 FEET TO AN INTERSECTION MTH THE
WESTERLY RIGHT-OF-WAY LINE OF 1-75 (S,R. 93);
THENCE SOUTH 00'07'.30" EAST Ai ONO SAID WESTERI Y RIGHT-OF-WAY LINE A
DISTANCE OF 437.05 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE
EASTERLY AND HAVING A RADIUS OF 11,621.16 FEET;
THENCE SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE AND THE WESTERLY
RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 11'04'14" AN ARC DISTANCE
OF 2245.1 FEET TO A NON-TANGENT INTERSECTION MTH THE SOUTHERLY LINE OF
SAID SECTION 30;
THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE NORTH 8958'38" WEST
ALONG SAID NON-TANGENT LINE AND THE SOUTHERLY LINE OF SAID SECTION 30, A
DISTANCE OF 836,59 FEET TO THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 30;
THENCE CONTINUE NORTH 89'58'38" WEST AL ONC THE SOU THERL Y LINE OF SAID
SECTION 30, A DISTANCE OF 2643.96 FEET TO THE POINT OF BEGINNING OF THE PARCEL
OF LAND HEREIN DESCRIBED.
CONTAINING 212.77 ACRES OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
PREPARED FOR: COL!IER COUNTY GOVERNMENT
SURVEY DATE, DECEMBER 15, 2000
AGNOLI, BARBER & BBRUNDAGE, INC.
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS
1 6 0 1 0
_,
EXHIBIT
Page_ 1 of L
LEGAL DESCRIPTION:
A TRACT OR PARCEL OF LAND LYING IN THE STATE OF FLORIDA,COUNTY OF COLLIER,
LYING IN SECTION 31,TOWNSHIP 48 SOUTH,RANGE 26 EAST,AND BEING FURTHER BOUND
AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER(NW 1/4)OF
SAID SECTION 31;THENCE S 89°55'13"E ALONG THE NORTH LINE OF SAID FRACTION FOR
30.02 FEET TO THE POINT OF BEGINNING OF A PARCEL OF LAND HEREIN DESCRIBED,
SAID POINT ALSO BEING THE NORTHEAST CORNER OF PARCEL 806 AS RECORDED IN
OFFICIAL RECORDS BOOK 2743,PAGE 1377 OF THE PUBLIC RECORDS OF SAID COLLIER
COUNTY;THENCE CONTINUE S 89°55'13"E ALONG SAID NORTH LINE FOR 630.94 FEET TO
THE NORTHWEST CORNER OF WILSHI CORDED IN PLAT BOOK 27 AT PAGES
60 AND 61 OF SAID PUBLIC RECO' 0 k-OF L ;THENCE S 02°1126"E ALONG
THE WEST LINE OF SAID WILS OR 67:6 Zo 4 THE SOUTHWEST CORNER
OF SAID WILSHIRE PINES;T '5 89°54'49"E ALON •4 ' •UTH LINE OF SAID
WILSHIRE PINES FOR 660.71//FEE AN INTERSECTION 'TH E WESTERLY LINE OF
WILSHIRE LAKES,PHASE TWO,'AS'I, E ORHE-IN-RLAT BOOK 27 •T PAGES 24 THROUGH 27
OF SAID PUBLIC RECORD OF/COLLIER k . . I. • I1NCE S 0 °11 2"E ALONG SAID
WESTERLY LINE FOR 667 72 h' rE'7� '• v 'T • O THE SOUTH HALF(S 1/2)
OF THE SOUTH HALF(S 1 )O E Nil ' R v I ' 1/1)OF THE NORTHWEST
QUARTER(NW 1/4)OF S ' 17 v I : 89° " 1,ANG THE SOUTH LINE OF
SAID FRACTION FOR 1,32138 FE TO A` '+. T101," T ai. I EAST RIGHT-OF-WAY
LINE OF LIVINGSTON RO 4r• ENCE N 02°11'58" : O G -• ,4 AST RIGHT-OF-WAY
LINE FOR 334.07 FEET TO .vS►`UTHWEST CORNER A'�os AS RECORDED IN
OFFICIAL RECORDS BOOK 2 • , ' GE 1379 OF SAID PU ORDS OF COLLIER
COUNTY;THENCE S 89°55'20" ' •i .) THE SOUTH EDF'',CORDS
PARCEL FOR 30.02 FEET
TO THE SOUTHEAST CORNER 0 ID/P I.cELy• '1. 02°11'58"W ALONG THE EAST
LINE OF SAID PARCEL FOR 334.06 FEN' :+ re' ' AST CORNER OF SAID PARCEL AND
THE SOUTHEAST CORNER OF SAID PARCEL 81.;THENCE N 02°12'16" W ALONG THE EAST
LINE OF SAID PARCEL FOR 667.59 FEET TO THE POINT OF BEGINNING.
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EXHIBIT..-._
Page L.of 1 6 0 1 0
A kot,.
ENGINEERING
Professional Engineers,Planners&Land Surveyors
DESCRIPTION
OF A
PARCEL OF LAND
LYING IN
SECTION 30,TOWNSHIP 48 SOUTH,RANGE 26 EAST
COLLIER COUNTY,FLORIDA
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER,
BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 30,TOWNSHIP 48 SOUTH,RANGE 26
EAST,BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 15,SIENNA RESERVE,AS RECORDED IN PLAT
BOOK 56,PAGE 63 THROUGH 66,OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY;THENCE
N 02°11'26"W ALONG A NORTHERLY PROLONGATION OF SAID LOT 15 FOR 41.27 FEET TO AN
INTERSECTION WITH THE SOUTHERLY LINE OF AN 8 FOOT WIDE ASPHALT PATH AND THE
BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 416.37 FEET AND TO
WHICH POINT OF CURVE A RADIAL LINE BEARS S 05°36'30"W;THENCE EASTERLY ALONG SAID
CURVE AND SAID SOUTHERLY LINE THROUGH A CENTRAL ANGLE OF 05°32'03"FOR 40.22 FEET;
THENCE S 02°11'26"E FOR 39.34 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID LOT
15;THENCE N 89°55'13"W ALONG SAID NORTH LINE FOR 40.08 FEET TO THE POINT OF
BEGINNING.
PARCEL CONTAINS 0.037 ACRES,MORE OR LESS.
SUBJECT TO EASEMENTS,RESTRICTIONS,RESERVATIONS AND RIGHTS-OF-WAY OF RECORD.
BEARINGS ARE BASED ON THE SUBDIVISION PLAT OF SIENNA RESERVE AS RECORDED IN PLAT
BOOK 56,PAGE 63 THROUGH 66,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,
WHEREIN THE NORTH LINE OF LOT 15 BEARS N 89°55'13"W.
DESCRIPTION PREPARED 03-29-2016
I
.._„c,.., WL
RICHARD M.RITZ
REGISTERED LAND SURVEYOR
FLORIDA CERTIFICATION NO.401f
DATE SIGNED 03-29-2016
SHEET 1 OF 2
• SERVING THE STATE OF FLORIDA •
10511 Six Mile Cypress Parkway•Suite 101•Fort Myers,Florida 33966
Phone 239-939-5490•www.bankseng.com•Fax 239-939-2523
Engineering License No.EB 6469•Surveying License No.LB 6690
S:\JOBS\29XX\2911\SURVEYING\DESCRI PTIONS\2911-ASPH-PATH-LGL.DOC
S:\JOBS\29XX\2911\SURVEYING\DESCRIPTIONS\2911-ASPH-PATH-LGL.DWG
EXHIBIT _ -
Page Z of---2---- 16010
BANKS 10511 SIX MILE 5 PARKWAY.SUITE 101
FT.WYOR(230939-5490FLORIDA 37950 OF
PROBE(23979-so FAX(27939-2523 SKETCH OF DESCRIPTION
ENGINEERING °SURVEY UCENSE""`LICENSE 0 b ED 8469
0980 A TRACT OR PARCEL OF LAND LYING IN
Pmfedwal Engineers,Planners,&Lad Surveyors ""F"'•0"r"ea0°I' SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
Serving The State Of Florida COLLIER COUNTY, FLORIDA
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8'ASPHALT PATH
P.L, P.C.
NOTE: ALL ADJACENT EASEMENTS AND TRACTS, C1
UNLESS OTHERWISE NOTED, ARE PART OF
SIENNA RESERVE, AS SHOWN IN PLAT
BOOK 56, PAGES 63 THROUGH 66, OF121 EN NPLATTED in
THE PUBLIC RECORDS OF COLLIER COUNTY
��
FLORIDA. 0 3 SUBJECT PARCEL W
a.? : PARCEL CONTAINS10
N 0.037 ACRES 5v
POINT OF * r MORE OR LESS T
BEG/NN/NG Z o o 1 = 20'
NORTHNEST CORNER Z P.I. 1/7
LOT 15, SIENNA RESERVE NORTHEAST CORNER
(PLAT BOOK 56, PAGE 63-66) CONSERVATION EASEMENT 1
(OR 5056, PG. 1649)
NORTH LINE LOT 15
N 8955'13" W 40.08'
BEARING BASIS
CONSERVATION EASEMENT I 150 I 150'L.B.E.
(O.R. 5056. PG. 1649)
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I
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10.0'P.U.E.
&CUE.
TRACT i'B-6" 15
COMMON AREA
(D.E. &L.B.E.)
I
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NOTES: I I
1.) SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND
RIGHTS-OF-WAY OF RECORD. CURVE TABLE
2.) BEARINGS ARE BASED ON THE SUBDIVISION PLAT OF SIENNA CURVE RADIUS DELTA ARC CHORD CHORD BEARING
RESERVE AS RECORDED IN PLAT BOOK 56, PAGE 63 THROUGH 66, Cl 416.37' 0532'03" 40.22' 40.20' S 870931"E
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, WHEREIN
THE NORTH LINE OF LOT 15 BEARS N 8955'13" W.
SEE SHEET 1 OF 2 FOR COMPLETE
LEGEND: METES AND BOUNDS DESCRIPTION.
PG. INDICATES PAGE THIS SKETCH OF DESCRIPTION
R.O.W. INDICATES RIGHT-OF-WAY
P.C. INDICATES POINT OF CURVE IS NOT A BOUNDARY SURVEY
A.E. INDICATES ACCESS EASEMENT
D.E. INDICATES DRAINAGE EASEMENT I
P.I. INDICATES POINT OF INTERSECTION F
O.R. INDICATES OFFICIAL RECORDS BOOK `-.-4--+
C.U.E. INDICATES COUNTY UTILITY EASEMENT RICHARD M. RITZ
P.U.E. INDICATES PUBLIC UTILITY EASEMENT REGISTERED LAND SURVEYOR
C.U.E. INDICATES COUNTY UTILITY EASEMENT FLORIDA CERTIFICATION NO. 4009
— DATE SIGNED: 03-29-2016 1
L.B.E. INDICATES LANDSCAPE BUFFER EASEMENT PREPARED 03-29-2016 - THIS SKETCH OF DESCRIPTION IS NOT VALID
SHEET 2 OF 2 WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
5:\JOBS\29XX\2971\SURVEYING\DESCRIPTIONS\2911—ASPH—PATH—LGL.DOC SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
S.'\JOBS\29XX\2911\SURVEYING\DESCRIPTIONS\2911—ASPH—PATH—LGL.DWG
E
XH I B IT__4.... 16010
page._.-.—of_. .—
4
ENGINEER OF RECORD, ,;. RENOVATION NOTE 1
DUE TO THE INHERENT NATURE OF RENOVATING
DONALDSON DESIGN g EXISTING BUILDINGS,THE DRAFTSMAN/DESIGNER
Aura e+ca+�a;l amK.r�oet CANNOT DETERMINE EXACT DIMENSIONS WITHOUT
REMOVING OR DEMOLISHING THE EXISTING
STRUCTURE AND/OR SURFACES.THEREFOR E:R IS
THE SOLE RESPONSIBILITY OF THE
JACOB DONALDSON - OWNER/CONTRACTOR TO VERIFY ALL CONDITIONS
PROFESSIONAL ENGINEER - AND DIMENSIONS PRIOR TO CONSTRUCTION,AND
'� -� FLORIDA P.E*77!37 FABRICATION OF ALL COMPONENTS.
`'���\, FLORIDA C.O.A.*3060'E IMMEDIATELY CONTACT THE ENGINEER OF RECORD
4(04
\\c IF DISCREPANCIES ARE FOUND BETWEEN THESE
4. DRAWINGS AND ACTUAL SITE CONDITIONS.
-41
(163)sZ3-0001 LT1 . _ .. GENERAL;NOTE :.
119 Poinsettia Dr,Haines City.FL 33144 .. ._.. _.. __.. _.. __._ .-- 4
)aco66tdooaldaondesign ® THESE DOCUMENTS AND THEIR CONTENTS ARE THE
danaldeonsleslgn II PROPERTY OF DONALDSON DESIGN AND ARE ISSUED
ONLY FOR THE SPECIFIC PROJECT NOTED ON THIS
DRAWING.ANY REPRODUCTION,REVISION,OR
MODIFICATIONS OF THESE DOCUMENTS WITHOUT THE
.___._-_ ...__ - - _... EEPRCfCCD WRITTEN CONSENT OF DONALDSON
DESIGN IS PROHIBITED.
CLIENT
it
ZUCKERMAN HOMESSTANDARD NOTE SLENNA
14650 LIVIN�OONN RD RD WHILE EVERY ATTEMPT HAS BEEN MADE IN THE
NAPLES,FL 34104 PREPARATION OF THESE PLANS TO AVOID MISTAKES,
THE DESIGNER CANNOT GUARANTEE AGAINST HUMAN
� ERROR.THE CONTRACTOR/OWNER IS ULTIMATELY
RESPONSIBLE TO VERIFY ALL DIMENSIONS,
_. CONDITIONS AND OTHER DETAILS ON THE PLANS AND
:CONTRACTOR 4. NOTIFY THE DESIGNER OF ANY ERRORS OR
y OMISSIONS BEFORE COMMENCING CONSTRUCTION
-4
HI5 WAY CREATIONS,INC. STRUCTURAL REVIEW ONLY BY:DONALDSON
TODD RICKMAN - DESIGN STRUCTURAL PLANS ONLY PREPARED BY
P.O.BOX 1035 - - (OR)UNDER THE STRICT SUPERVISION OF JACOB
BABSON PARK,FL 39827 DONALDSON,PROFESSIONAL ENGINEER.ENGINEER
(163)237-6547 - IS NOT RESPONSIBLE FOR ANY DIMENSIONAL
47, ERRORS,DRAFTSMAN'S DISCREPANCIES,
NON-STRUCTURAL OIRANY STRUCTURAL
7GG - B INFORMATION NOT SHOWN ON THESE PLANS.
STRUCTURAL NOTE:; -:, DONALDSON DESIGN RESERVES THE RIGHT TO
(v- _..... -- - REVISE OR UPDATE ANY OF THE ASSESSMENTS,
THIS RENOVATION HAS BEEN DESIGNED IN . OBSERVATIONS AND/OR RECOMMENDATIONS AS
ACCORDANCE WITH THE 2014 FLORIDA BUILDING CONDITIONS CHANGE OR ADDITIONAL
CODE(s EDITION):GUIDING,AND CHAPTERS 26-31 ...__.. INFORMATION BECOMES AVAIL AFSI F -.
OF THE ASCE 7. . . .. .
i). 4 i
a WIND FACTOR NOTE APRIL 24,1016
44
WIND VELOCITY(3-SECOND GUST) '' .... ...
ULTIMATE 4SO MPH,NOMINAL:d16 MPH "1 .. ._ t:
RISK CATEGORY:, SQUARE F.00FAGE''
COMMERCIAL BUILDING CATEGORY ..
WIND I9EPOSURE'B' NEW PECK WITH RAMPS 330 Ft.
1
INTERNAL PURE COEFFICIENT
OPEN:s 0.00 GCp.I. 1
ij
RENOVATION ; 4' SIGN&SEALoN NOTE __
DUE TO THE INHERENT NATURE OF RENOVATING ---4. FLORIDA P.E#77557
EXISTING BUILDINGS.THE DRAFTSMAN/DESIGNER , -F 0-4.--
CANNOT
_CANNOT DETERMINE EXACT DIMENSIONS WITHOUT - Y/Z4A''
REMOVING OR DEMOLISHING THE RESTING A` _. _ -
STRUCTURE AND/OR SURFACES.THEREFORE n-15
THE SOLE RESPONSIBILITY OF THE 7 '4
OWNER/CONTRACTOR TO VERIFY ALL CONDITIONS �-., SHEET 4
AND DIMENSIONS PRIOR TO CONSTRUCTION.AND - -_ -.. t`
FABRICATION OF ALL COMPONENTS.
IMMEDIATELY CONTACT THE ENGINEER OF RECORD
IF DISCREPANCIES ARE FOUND BETWEEN THESE
A DRAWINGS AND ACTUAL SITE CONDITIONS._ F
OF 1 SHEET
'v- > 16010
- .ge �. of S
2014 FLORIDA BUILDING CODE BUILDING
RAMPS
10103 Slope.
Ramps used as part of a means of egress shall have a running slope not steeper than one unit vertical In 12 units horizontal.The slope of other pedestrian ramps shall not be
steeper than one unit vertical In eight units horizontaL
1010.4 Cross slope.
The slope measured perpendicular to the direction of travel of a ramp shall not be steeper than one unit vertical in 48 units horizontal.
10105 Vertical rise
The rise for any ramp run shall be 30 Inches maximum.
1010.6.1 Width
The minimum width of a means of egress ramp shall not be less than that required for corridors by Section 10182 The clear width of a ramp between handrails,if provided,or other
permissible projections shall be 36 inches minimum.
1010.6.2 Headroom.
The minimum headroom in all parts of the means of egress ramp shall not be less than 80 inches.
1010.7 Landings.
Ramps shall have landings at the bottom and top of each ramp,points of turning,entrance,exits at doors and in accordance with the Florida Building Code,Accessibility.Landings
shall comply with Sections 1010.7)through 1010.75.
1010.71 Width
The landing shah be at least as wide as the widest ramp run adjoining the landing.
1010.7.3 Length
The landing length shall be 60 Inches minimum.
Exceptions:
I.In Group R-2 and R-3 Individual dwelling and sleeping units that are not required to be Accessible units,landings are permitted to be 36 Inches minimum.
2.Where the ramp is not a part of an accessible route,the length of the landing shall not inn required to be more than 40 inches In the direction of travel
3.Accessible landings shall comply with the Florida Building Code,Accessibility.
1010.7.4 Change in direction.
Where changes in direction of travel occur at landings provided between ramp runs,the landing shall be 60 inches by 60 Inches minimum.
Exception:In Group R-2 and R-3 Individual dwelling or sleeping units that are not required to be Accessible units,in accordance with the Florida Building Code,Accessibility,
landings are permitted to be 36 inches by 36 inches minimum.
1010.7$Doorways.
Where doorways are located adjacent to a ramp landing,maneuvering clearances required by ICC AIf7.1 ora permitted to overlap the required landing area.
1010.8 Ramp construction.
All romps shall be built of materials consistent with the types permitted for the type of construction of the building,evrept that wood handrails shall be permitted for all types of
construction.
101023 Ramp surface.
The surface of ramps shall be of sip-resistant materials that are securely attached.
101021 Outdoor conditions.
Outdoor ramps and outdoor approaches to romps shall be designed so that water will not accumulate on walking surfaces.
1010.4 Handrails.
Ramps with a rise greater than 6 inches shall have handrails on both sides.Handrails shall comply with Section 1012.
101040 Edge protection.
Edge protection complying with Sectlonsi010J0J or 1010)01 shall be provided on each side of ramp runs and at each side of ramp landings.
Exceptions:
I.Edge protection Is not required on ramps that are not required to have handrails,provided they have flared sides that comply with provisions of the Florida Building Code,
Arr�sibllity.
2.Edge protection Is not required on the sides of ramp landings serving art adjoining ramp run or stairway.
3.Edge protection Is not required on the aides of ramp landings having a vertfmi drop off afoot more than I inch within 10 Inches horizontally of the required landing area.
4.In assembly spaces with fared seating,edge protection Is not required on the sides of ramps where the ramps provide access to the adjacent seating and aisle access ways.
101010)Curb,rail,wail or barrier.
A curb,rail,wall or barrier shall be provided to serve as edge protection.A curb must be a minirnum of 4 inches in height Barriers must be constructed so that the barrier prevents
the passage of a 4-inch-diameter sphere,where any portion of the sphere is within 4 Inches ofthe floor or ground surface.
101040.2 Extended floor or ground surface.
The floor or ground surface of the ramp run or landing shall extend 12 Inches minimum beyond the Inside face of a handrail complying with Section 1012.
I010JI Guards.
Guards shall be provided where required by Section lOL4 and shall be constructed In accordance with Section 1013.
R
1 6 0 1 0
.7)
Page of .�.
HANDRAILS
10121 Where required.
Handrails for stairvesys and ramps shall be adequate In sir.,gth and attachment in accordance with Section 16078,Handrails required for stairways by Section 1009.15 shall comply
with Sections/0122 through 10124 Handrails required for ramps by Section 1010.9 shaft comply with Sections 10/22 through 10128.
10121 Height
Handrail'height,measured above stair tread innings,or finish surface of ramp slope,shall be uniform,not less than 34 Inches and not more than 38 inches.Handrail height of
alternating tread devices and ship ladders,measured above tread nosings,shall be uniform,not less than 30 Inches and not more than 34 inches.
Exceptions:
I.When handrail fittings or beadings are used to provide continuous transition between flights,the fittings or beadings shall be permitted to exceed the maximum height
2 In Group R-3 occupancies;within dwelling units In Group R-2 occupancies;and In Group U occupancies that are associated with a Group R3 occupancy or associated with
Individual dwelling units In Group R-2 occupancies;when handrail fittings or bendings are used to provide continuous transition between flights,transition at winder treads,
transition from handrail to guard,or when used at the start of a flight,the handrail height at the fittings or bendings shall be permitted to exceed the maximum height.
1012.3 Handrail graspability.
All required handrails shall comply with Section 10123.1 or shall provide equivalent graspabllity.
E captions:
I.in Group R-3 occupancies;within dwelling units In Group R-2 occupancies;and in Group U occupancies that are accessory to a Group R-3 occupancy or accessory to individual
dwelling units In Group R-2 occupancies;handrails shall be Type 1 in accordance with Section 10123.1,Type II In accordance with Section 1012 3 0 or shall provide equivalent
graspabllity.
2 Accessible handrails shall meet the re ulrements of the Florida Building Code,Accessibility,
10123.1 Type L Handrails with a r.i cular cross section shall have an outside diameter of at least L;Inches and not greener than 2 inches.Where the handrailis not circular,It shall
have a perimeter dimension cf at least 4 Ind,esand not greater than 6}inches with a maximum cross-secti:,nal dinienAon of 2=inches and minimum cross-sectional
dimension of I inch.Edges shall haves minimum radius of 0.0i Inde
101231 Type IL Handrails with a perimeter greater then 6 Inches shall provide a graspable finger recess area on both sides of the profile.The finger recess shall begin within a
distance of inch measured vertically from the tallest portion of the profile and achieve a depth of at least inch within;inch below the widest portion of the profile.This
required depth shall continue for at least Inch to a level that is not less than I IncheSbelow the tallest portion of the profile The minimum width of the handrail above the
recess shall be 14 Inches to a ma,dmum of 2f Inches.Edges shall have a minimum radius aF 0,01 Inch
10124 Continuity.
Handrail gripping surfaces shall be continuous,without interruption by navel posts or other obstructions.
Exceptions:
I.Handrails within dwelling units are permitted to be interrupted by a newel post at a turn orlanding.
2 Within a dwelling unit,the use of a volute,turnout,starting easing or starting newel Ls allowed over the lowest tread.
3.Handrail brackets or balusters attached to the bottom surface of the handrail that do not project horizontally beyond the sides of the handrail within I;Inches of the bottom
of the handrail shall not be considered obstructions.For each}inch of additional handrail perimeter dimension above 4 inches,the vertical clearance dimension of 13 inches
shall be permitted to be reduced by I Inch.
4.Where handrails are provided along walking surfaces with slopes not steeper than 120,the bottoms of the handrail gripping surfaces shall be permitted to be obstructed
along their entire length where they are integral to crash rafts or bumper guards.
10125 fittings.
Handrails shall not rotate within their fittings.
10126 Handrail extensions.
Handrails shall return to a wall,guard or the walking surface or shall be continuous to the handrail of an adjacent stair flight or ramp run.Where handrails are not continuous
between flights,the handrails shall extend horizontally at least 12 inches beyond the top riser and continue to slope for the depth of one tread beyond the bottom riser.At ramps
where handrails are not continuous between runs,the handrails shall extend horizontally above the landing l2 inches minimum beyond the top and bottom of ramp runs.The
extensions of handrails shall be In the same direction of the stair flights at stairways and the ramp runs at ramps.
Exceptions:
I.Handrails within a dwelling unit that is not required to be accessible need extend only from the top riser to the bottom riser.
2.Aisle handrails In rooms or spaces used for assembly purposes in accordance with Section 1028.13
3.Handrails for alternating tread devices and ship ladders are permitted to terminate at a location vertically above the top end bottom risers.Handrails for alternating tread
devices and ship ladders are not required to be continuous between flights or to attend beyond the top or bottom risers.
4.Accessible handrail extensions shall be in accordance with the Florida Building Code,Accessibility.
10127 Clearance.
Clear space between a handrail and a wall or other surface shall be a minimum of lj Inches.A handrail and a wall or other surface adjacent to the handrail shall be free of any sharp
or abrasive elements.
10128 Projections.
On ramps,the clear width between handrails shall be 36 inches minimum_Projections Into the required width of stairways and ramps at each side shall not exceed 4 4 Inches at or
below the handrail height.Projections Into the required width shall not be limited above the minimum headroom height required in Section 10045.Projections due to Intermediate
handrails shall not constitute a reduction In the egress width.
1012.9 Intermediate handrails
Stairways shall have intermediate handrails located In such a manner that all portions of the stairway width required for egress capacity are within 30 Inches of a handraiL On
monumental stairs,handrails shall be located along the most direct path of egress
travel.
GUARDS
1013.1 General Guards shall comply with the provisions of Sections 10131 through 1013.7.Operable windows with sills located more than 72 Inches above finished grade or other
surface below shall comply with Section 10138.
10131 Where required
Guards shall be located along open-sided walking surfaces,including mezzanines,equipment platforms,stairs,ramps and landings that are located more than 30 Inches measured
vertically to the floor or grade below at any point within 36 inches horizontally to the edge of the open side Guards shall be adequate in strength and attachment In accordance
with Section 16078.
Exception:Guards are not required for the fallowing locations:
L On the loading side of loading docks or piers.
2 On the audience side of stages and raised pisiforms,including steps leading up to the stage and raised platforms.
3.On raised stage and platform floor areas,such as runways,ramps and side stages used for entertainment or presentations.
4.At vertical openings In the performance area of stages and platforms.
S.At elevated walking surfaces appurtenant to stages and platforms for aeress to and utilization of special lighting or equipment.
6.Along vehicle service pits not accessible to the public
7.In assembly seating where guards In accordance with Section 1028.14 are permitted and provided
101311 Glazing .
Where glass Is used to provide a guard or as a portion of the guard system,the guard shall also comply with Section 2407.Where the glazing provided does not meet the strength
and attachment requirements of Section 16078,complying guards shall also be located along glazed sides of open-Sided walking surfacer.
10133 Height
Required guards shall not be less than 42 Inches high,measured vertically as follows:
I.From the adjacent walking surfaces;
2.On stairs,from the line connecting the leading edges of the tread nosings;and
3.On ramps,from the ramp surface at the guard-
Exceptions:
uardExceptions:
1.For occupancies In Group R-3 not more than three stories above grade in height and within Individual dwelling units in occupancies in Group R-2 not more than three stories
above grade In height with separate means of egress,required guards shall not be less than 36 Inches In height measured vertically above the adjacent walking surfaces or
adjacent fixed seating.
2.For occupancies In Group R3,and within individual dwelling units in occupancies In Group R2,guards on the open sides of stairs shall have a height not/s-5 than 34 inches
measured vertically from a line connecting the leading edges of the treads.
3.For occupancies in Group R-3,and within individual dwelling units in occupancies in Group R-Z,where the top of the guard also serves as a handrail on the open sides of stairs,
the top of the guard shall not be less than 34 Inches and not more than 38 Inches measured vertically from a line connecting the leading edges of the treads.
4.The guard height in assembly seating areas shallcomplywith Section 1028.14.
5.Along alternating tread devices and ship ladders,guards whose top rail also serves as a handrail,shall have height not less than 30 inches and not mare than 34 inches,
measured vertically from the leading edge of the device tread nosing
1013.4 Opening/imitations
Required guards 5hall not have openings which allow passage of a sphere 4 Inches In diameter from the walking surface to the required guard height.
EXHIBIT_
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