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HEX Backup 01/11/2018 COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS JANUARY 11, 2018 Court Reporter AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,JANUARY 11,2018 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING&REGULATION BUILDING,2800 N. HORSESHOE DRIVE,NAPLES,FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. PDI-PL20170002544 — Livingston Pro Center, LLC requests an insubstantial change to the Hiwasse PUD, Ordinance No. 05-59, as amended, to reduce the front yard setback, revise a development commitment relating to transportation, add two new development commitments relating to utilities, add two new deviations relating to landscaping and buffering, remove one deviation relating to sidewalks and bike paths, modify the plant material notes on Exhibit"C," and revise the Master Plan to reflect these changes. The subject property is located on the west side of Livingston Road, approximately one quarter mile south of Pine Ridge Road, in Section 13, Township 49 South, Range 25 East, Collier County, Florida, consisting of±13 acres. [Coordinator: Fred Reischl,Principal Planner] B. PETITION NO. PDI-PL20160003482 — Distinctive Residential Development at Livingston, LLC requests an insubstantial change to Ordinance No. 2008-06, as amended, the Pezzettino Di Cielo RPUD,to add two deviations relating to landscape buffers and fence/wall height,to delete one deviation relating to cul de sac length, to modify development standards relating to minimum principal and accessory structure setbacks, to add a new cross section exhibit, and to revise the Master Plan to reconfigure the site layout. The subject property is located on the east side of Livingston Road, approximately one-half mile north of Veterans Memorial Boulevard, in Section 12, Township 48 South, Range 25 East, Collier County, Florida, consisting of ±17.52 acres. [Coordinator:Nancy Gundlach, Principal Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN Martha S. Vergara From: VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Sent: Friday, December 15, 2017 2:11 PM To: Minutes and Records Cc: Ann P.Jennejohn; BellowsRay; BosiMichael; KendallMarcia; PageErin; NeetVirginia; RodriguezWanda; SmithCamden; StoneScott; ReischlFred Subject: HEX Advertisement Request PL20170002544 Attachments: 2 x 3 Ad Map.pdf; Ad Request.docx; Signed Ad Request PL20170002544.pdf Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Because of the holidays, we will have to run this ad on 12/21 instead of the original date of 12/22. Respectfully, Peddtea e€CZdeQ Operations Coordinator CO ter County Zoning Division NOTE:New Email Address as of 12/09/2017: Jessica.velasco@colliercountvfl.gov 2800 North Horseshoe Drive, Naples Florida 34104 Phone:239.252.2584 "Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvgT." Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 December 15, 2017 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on December 21st, 2017, and furnish proof of publication to the attention of Fred Reischl, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500182060 Account Number: 076397 Authorized Designee signature for HEX Advertising PL20170002544 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., January 11th, 2018, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: PETITION NO. PDI-PL20170002544 — LIVINGSTON PRO CENTER, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO THE HIWASSE PUD,ORDINANCE NO. 05-59,AS AMENDED,TO REDUCE THE FRONT YARD SETBACK, REVISE A DEVELOPMENT COMMITMENT RELATING TO TRANSPORTATION, ADD TWO NEW DEVELOPMENT COMMITMENTS RELATING TO UTILITIES, ADD TWO NEW DEVIATIONS RELATING TO LANDSCAPING AND BUFFERING, REMOVE ONE DEVIATION RELATING TO SIDEWALKS AND BIKE PATHS, MODIFY THE PLANT MATERIAL NOTES ON EXHIBIT "C," AND REVISE THE MASTER PLAN TO REFLECT THESE CHANGES. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF LIVINGSTON ROAD, APPROXIMATELY ONE QUARTER MILE SOUTH OF PINE RIDGE ROAD, IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF±13 ACRES. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida I-75 LIVINGSTON RD w ,ssed Z wC AIRPpRy`A_UI.LIN9449et Acct #076397 December 15, 2017 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PDI-PL20170002544, Livingston Pro Center, LLC (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Thursday, December 21, 2017, and send the Affidavit of Publication, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500182060 December 15, 2017 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on December 21st, 2017, and furnish proof of publication to the attention of the Board's Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, FL 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500182060 Account Number: 076397 Authorized Designee signature for HEX Advertising P120170002544 NOTICE OF PUBLIC HEARING F Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., January 11th, 2018, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: PETITION NO. PDI-PL20170002544 — LIVINGSTON PRO CENTER, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO THE HIWASSE PUD, ORDINANCE NO. 05-59, AS AMENDED, TO REDUCE THE FRONT YARD SETBACK, REVISE A DEVELOPMENT COMMITMENT RELATING TO TRANSPORTATION, ADD TWO NEW DEVELOPMENT COMMITMENTS RELATING TO UTILITIES, ADD TWO NEW DEVIATIONS RELATING TO LANDSCAPING AND BUFFERING, REMOVE ONE DEVIATION RELATING TO SIDEWALKS AND BIKE PATHS, MODIFY THE PLANT MATERIAL NOTES ON EXHIBIT "C," AND REVISE THE MASTER PLAN TO REFLECT THESE CHANGES. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF LIVINGSTON ROAD, APPROXIMATELY ONE QUARTER MILE SOUTH OF PINE RIDGE ROAD, IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF±13 ACRES. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida I 1-75 1 I I I r I17 ,V iLIVINGSTON RD U SIJ -� ;._. • U p AIRPORT.PULLING RD 1 • tt AAW k 'Y" Martha S. Vergara From: Martha S.Vergara Sent: Friday, December 15, 2017 3:59 PM To: Legals NDN (legals@naplesnews.com) Subject: PDI-PL20170002544 Livingston Pro Center, LLC Attachments: PDI-PL20170002544 Livingston Pro Center, LLC (HEX 01-11-18).doc; PDI- PL20170002544 Livingston Pro Center, LLC (HEX 01-11-18).doc; PDI-PL20170002544 Livingston Pro Center, LLC (HEX 01-11-18).pdf Hello, Please advertise the following attached ad Thursday, December 21, 2017 (display ad w/map). Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com 1 Martha S. Vergara From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Monday, December 18, 2017 8:36 AM To: Minutes and Records Cc: VelascoJessica; SmithCamden; StoneScott Subject: re: HEX Advertisement Request PL20170002544 Attachments: 2 x 3 Ad Map.pdf; Ad Request.docx; Signed Ad Request PL20170002544.pdf The ad request is good. Wanda Rodriguez, MCP Advanced Certified Paralegal Office of the County attorney (239)252-8400 From:VelascoJessica Sent: Friday, December 15, 2017 2:11 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; BellowsRay<Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; KendallMarcia <Marcia.Kendall@colliercountyfl.gov>; PageErin <Erin.Page@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; StoneScott <Scott.Stone@colliercountyfl.gov>; ReischlFred <Fred.Reischl@colliercountyfl.gov> Subject: HEX Advertisement Request PL20170002544 Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Because of the holidays, we will have to run this ad on 12/21 instead of the original date of 12/22. Respectfully, 9e4&ca PeecumQ Operations Coordinator COler County Zoning Division NOTE:New Email Address as of 12/09/2017: Jessica.velasco@colliercountyfl.gov 2800 North Horseshoe Drive, Naples Florida 34104 Phone:239.252.2584 "Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvqT." 1 Martha S. Vergara From: NDN-Legals <legals@naplesnews.com> Sent: Monday, December 18, 2017 9:08 AM To: Martha S.Vergara Subject: FW: PROOF! NDN ad 1860427 run date 12/21 Attachments: ND-1860427.pdf Hi Martha, another proof Thank you, Mereida Cardenas Legal Advertising Specialist Naples Daily News PART OF THE USA TODAY NETWORK Office: 239.213.6061 Mereida.Cardenas@naplesnews.com naplesnews.com From: Matthews,Victoria Sent: Monday, December 18, 2017 9:07 AM To: NDN-Legals Subject: PROOF! NDN ad 1860427 run date 12/21 Proof attached.Thanks! Victoria Matthews Sales Coordinator Naples Daily News News-tress. PART OF THE USA TODAY NETWORK Office:239.263.4747 Victoria.Matthews@naDlesnews.com naplesnews.com From: NDN-Legals Sent: Friday, December 15, 2017 4:17 PM To: Matthews,Victoria <Victoria.Matthews@naplesnews.com> Subject: NDN ad 1860427 run date 12/21 3 X 9.25 NDN ad 1860427 run date 12/21 Send proof to Iegais@napiesnews.com Thanks 1 Karol Kangas USA TODAY Naples Daily News T PALM NETWORK knox news. Office: 239.263.4710 kkangas@gannett.com gannett.com From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Friday, December 15, 2017 3:59 PM To: NDN-Legals<legals@naplesnews.com> Subject: PDI-PL20170002544 Livingston Pro Center, LLC Hello, Please advertise the following attached ad Thursday, December 21, 2017 (display ad w/map). Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara ft collierelerk.cam Please visit us on the web at httos://protect-us.mimecast.com/s/CSOcCmZODQfD3cDvfBnDZk?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdeskftcollierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 2 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,January 11th,2018,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: PETITION NO. PDI-PL20170002544 — LIVINGSTON PRO CENTER, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO THE HIWASSE PUD,ORDINANCE NO. 05-59, AS AMENDED, TO REDUCE THE FRONT YARD SETBACK, REVISE A DEVELOPMENT COMMITMENT RELATING TO TRANSPORTATION,ADD TWO NEW DEVELOPMENT COMMITMENTS RELATING TO UTILITIES, ADD TWO NEW DEVIATIONS RELATING TO LANDSCAPING AND BUFFERING, REMOVE ONE DEVIATION RELATING TO SIDEWALKS AND BIKE PATHS, MODIFY THE PLANT MATERIAL NOTES ON EXHIBIT "C," AND REVISE THE MASTER PLAN TO REFLECT THESE CHANGES. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF LIVINGSTON ROAD, APPROXIMATELY ONE QUARTER MILE SOUTH OF PINE RIDGE ROAD, IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF±13 ACRES. PROJECTPINE RIDGE RD LOCATION D _i o :rii r_.ii z ij L7 w'r, r O s � All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101, Naples, Florida 34112-5356, (239)252- 8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida December 21, 2017 ND-1860416 ND1860.7 0 PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT: 12/15/2017 7:20 PM SALES PERSON: NDN7103 PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE: 12/21/17 ND-1860427.INDD SIZE:3 col X 9.25 in Martha S. Vergara From: Martha S.Vergara Sent: Monday, December 18, 2017 9:21 AM To: VelascoJessica; Smith, Camden; Reischl, Fred; Rodriguez, Wanda Subject: PDI-PL20170002544, Livingston Pro Center, LLC Attachments: ND-1860427.pdf Morning All, Attached for your review is the referenced ad proof. Please let me know of any changes needed. Thanks, Martha 1 Martha S. Vergara From: SmithCamden <Camden.Smith@colliercountyfl.gov> Sent: Monday, December 18, 2017 9:29 AM To: Martha S.Vergara;VelascoJessica; ReischlFred; RodriguezWanda Subject: RE: PDI-PL20170002544, Livingston Pro Center, LLC Approved on behalf of planner. Title and format is correct. Respectfully, Camden Smith, MPA Operations Analyst-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-1042 Note:Email Address Has Changed Camden.smith@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXlvgT. Co ier County Exceeding Expectations From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Monday, December 18, 2017 9:21 AM To:Velascoiessica <Jessica.Velasco@colliercountyfl.gov>;SmithCamden<Camden.Smith@colliercountyfl.gov>; ReischlFred <Fred.Reischl@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: PDI-PL20170002544, Livingston Pro Center, LLC Morning All, Attached for your review is the referenced ad proof. Please let me know of any changes needed. Thanks, Martha Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing, 1 Martha S. Vergara From: Martha S.Vergara Sent: Monday, December 18, 2017 9:49 AM To: 'SmithCamden' Subject: RE: PDI-PL20170002544, Livingston Pro Center, LLC What about the petitioner's approval? Martha From:SmithCamden [mailto:Camden.Smith@colliercountyfl.gov] Sent: Monday, December 18, 2017 9:29 AM To: Martha S. Vergara <Martha.Vergara@collierclerk.com>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; ReischlFred <Fred.Reischl@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: PDI-PL2017OOO2544, Livingston Pro Center, LLC Approved on behalf of planner.Title and format is correct. Respectfully, Camden Smith, MPA Operations Analyst-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-1042 Note:Email Address Has Changed Camden.smith@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvgT. CAr County Exceeding Expectations From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Monday, December 18, 2017 9:21 AM To:VelascoJessica <Jessica.Velasco@colliercountyfl.gov>;SmithCamden <Camden.SmithtWcolliercountyfl.gov>; ReischlFred <Fred.Reischl2colliercountvfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.Rov> Subject: PDI-PL2017OOO2544, Livingston Pro Center, LLC Morning All, Attached for your review is the referenced ad proof. Please let me know of any changes needed. Thanks, Martha 1 Martha S. Vergara From: SmithCamden <Camden.Smith@colliercountyfl.gov> Sent: Monday, December 18, 2017 9:51 AM To: Martha S.Vergara Subject: RE: PDI-PL20170002544, Livingston Pro Center, LLC Still seeking that. We always email them as soon as we receive them.Jessica is emailing agents for approval. Respectfully, Camden Smith, MPA Operations Analyst-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-1042 Note:Email Address Has Changed Camden.smith@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXivqT. CO ale County Exceeding Expectations From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Monday, December 18, 2017 9:49 AM To: SmithCamden <Camden.Smith@colliercountyfl.gov> Subject: RE: PDI-PL2O17O002544, Livingston Pro Center, LLC What about the petitioner's approval? Martha From:SmithCamden [mailto:Camden.Smith@colliercountyfl.gov] Sent: Monday, December 18, 2017 9:29 AM To: Martha S.Vergara <Martha.Vergara@collierclerk.com>;VelascoJessica <Jessica.Velasco@colliercountyfl pv>; ReischlFred <Fred.Reischl@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@coliiercountyfl.gov> Subject: RE: PDI-PL2O17OOO2544, Livingston Pro Center, LLC Approved on behalf of planner. Title and format is correct. Respectfully, Camden Smith, MPA Operations Analyst-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-1042 Note:Email Address Has Changed Camden.smith@colliercountyfl.gov 1 Martha S. Vergara From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Monday, December 18, 2017 1:16 PM To: Minutes and Records Cc: Martha S. Vergara;VelascoJessica; SmithCamden; ReischlFred; StoneScott Subject: re: Ad Approval for your review for PL20170002544 Hiwasse PDI Attachments: RE: PDI-PL20170002544, Livingston Pro Center, LLC Looks good here also, this ad is good to go. -Wanda Rodriguez, MCP Advanced Certified Para(egaC Office of the County Attorney (239)252-8400 From:VelascoJessica Sent: Monday, December 18, 2017 11:37 AM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; ReischlFred <Fred.Reischl@colliercountyfl.gov>; Martha S.Vergara<Martha.Vergara@collierclerk.com> Subject: FW:Ad Approval for your review for PL20170002544 Hiwasse PDI Good Morning, Below you will find the Ad Approval from the applicant. Attached is the planner's approval. Respectfully, ,2e4 GC1 /e&iee!- Operations Coordinator rt) ler GouYtty Zoning Division NOTE:New Email Address as of 12/09/2017: Jessica.velasco@colliercountvfl.gov 2800 North Horseshoe Drive, Naples Florida 34104 Phone:239.252.2584 "Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvgT." Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 From: Bob Mulhere [mailto:BobMulhere@hmeng.com] Sent: Monday, December 18, 2017 11:31 AM To:VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; Stephanie Karol <StephanieKarol@hmeng.com> Cc: SmithCamden Camden.Smith@colliercountyfl.gov Subject: RE: Ad Approval for your review for PL20170002544 Hiwasse PDI Looks good.Thank you. Bob Mulhere, FAICP Vice President, Planning Services HOLE MONTES Rha HOLE MONTES , - ,x h,,,,, 239-254-2000 Direct: 239-254-2026 Cell: 239-825-9373 From: VelascoJessica [mailto:Jessica.Velasco@colliercountyfl.gov] Sent: Monday, December 18, 2017 10:03 AM To: Bob Mulhere; Stephanie Karol Cc: SmithCamden Subject: Ad Approval for your review for PL20170002544 Hiwasse PDI Importance: High Bob, Advertisement for: Hiwasse PDI, PL20170002544 for the HEX hearing on 1/11/18. The public notice ad for Naples Daily is attached for your approval. Please send your approval in writing via email. If you wish to revise any portion of it (specifically the title), please respond with strike through and underline as to your proposed revision, which we will forward to the County Attorney for a decision. If you approve the ad, please reply approved. Respectfully, 9ea a (/eeadCl1- Operations Coordinator CO#e-r County Zoning Division NOTE:New Email Address as of 12/09/2017: Jessica.velasco@colliercountvfl.gov 2800 North Horseshoe Drive, Naples Florida 34104 Phone:239.252.2584 2 NAPLESNEWS.COM / THURSDAY, DECEMBER 21,2017 I 17A' NOTICE OF PUBLIC HEARING Notice is hereby geii1hat a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,January 11th,2018,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: PETITION NO. PDI-PL20170002544 — LIVINGSTON PRO CENTER, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO THE HIWASSE PUD,ORDINANCE NO. 05-59, AS AMENDED, TO REDUCE THE FRONT YARD SETBACK, REVISE A DEVELOPMENT COMMITMENT RELATING TO TRANSPORTATION,ADD TWO NEW DEVELOPMENT COMMITMENTS RELATING TO UTILITIES, ADD TWO NEW DEVIATIONS RELATING TO LANDSCAPING AND BUFFERING, REMOVE ONE DEVIATION RELATING TO SIDEWALKS AND BIKE PATHS, MODIFY THE PLANT MATERIAL NOTES ON EXHIBIT "C," AND REVISE THE MASTER PLAN TO REFLECT THESE CHANGES. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF LIVINGSTON ROAD, APPROXIMATELY ONE QUARTER ' MILE SOUTH OF PINE RIDGE ROAD, IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,CONSISTING OF±13 ACRES. ECT PROJ PINE RIDGE RD LOCATION r ! w�s — All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive, Naples, FL. • The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples,Florida 34112-5356,(239)252- 8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida • December 21, 2017 ND-1860416 ,�iNwn NAPLESNEWS.COM 1 THURSDAY, DECEMBER 21, 2017 I 17A1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,January 11th,2018,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: PETITION NO. PDI-PL20170002544 — LIVINGSTON PRO CENTER, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO THE HIWASSE PUD,ORDINANCE NO. 05-59, AS AMENDED, TO REDUCE THE FRONT YARD SETBACK, REVISE A DEVELOPMENT COMMITMENT RELATING TO TRANSPORTATION,ADD TWO NEW DEVELOPMENT COMMITMENTS RELATING TO UTILITIES, ADD TWO NEW DEVIATIONS RELATING TO LANDSCAPING AND BUFFERING, REMOVE ONE DEVIATION RELATING TO SIDEWALKS AND BIKE PATHS, MODIFY THE PLANT MATERIAL NOTES ON EXHIBIT "C," AND REVISE THE MASTER PLAN TO REFLECT THESE CHANGES. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF LIVINGSTON ROAD, APPROXIMATELY ONE QUARTER MILE SOUTH OF PINE RIDGE ROAD, IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF ±13 ACRES. PROJECT Pi � LOCATION D r__ < , 0 Z O 73 � v O v' C Z z Q All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive, Naples, FL. ii The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida - December 21, 2017 ND-1860416 ND-1860427 .. ..`apiapLr!!i Battu AIrwo NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 1860416 PDI PL20160003482 45-182060 Pub Dates December 21,2017 ZLLLe, s-e azi (Sign ture of affiant) vrahmordubdibauumowithareno "r: KAROLEKANGAS I f 1 ,Sworn to and subscribed before me F: Nomwt, lGGuState of 604Flor1 This December 21,2017 `d MyComm,Expires 2021 I wed too I alweiverwrana (Signature of affiant) NAPLESNEWS.COM I THURSDAY,DECEMBER 21,2017 I 17A Israel, US to block UN Johnny T Proudly Presents vote on Jerusalem VOICES OF LEGENDS IN CONCERT Appearing Friday, January 12th, 2018 Netanyahu tries to drum up new areas of support "For all these nations,they take our money and then vote against us.We're '.! THE 1E DIANIO1 V S Josef Federmanwatching those votes.Let them vote ■■■ ASSOCIATED PRESS against us.We'll save a lot.We don't 1 6:00pm to 8:30pm President Donald Trump 4 JERUSALEM-Israel is intensively i SPECIAL GUEST lobbying countries around the world to the resolution. oppose a U.N. resolution criticizing "We have a very,very simple mes- Johnny T President Donald Trump's decision to sage:Jerusalem is the capital of the «r , recognize Jerusalem as Israel's capital, Jewish people for 3,000 years and the :L I N ,a LLi Israeli officials said Wednesday. capital of Israel for almost 70 years,"she Thursday's vote in the U.N.General told Channel 10. Assembly will indicate whether Prime An Israeli Foreign Ministry official S5 PER PERSON Minister Benjamin Netanyahu has suc- confirmed the government was making ceeded in his efforts to drum up new a"very vast"lobbying campaign tomin- \RI.I\( I()\C11.TURAt.CENTER ER pockets of support in the developing imize the resolution's impact. ',r,/.ri rCle Naples,Florida 34113 world,as well as the extent to which Is- He said Israelis trying to persuade al- `IRI I\(r I O rael and the U.S.are—or are not—alone lies to abstain or even vote against it.He C°LL Z�97°3C0?or Online ticket sales: on the question of Jerusalem. also said that Israel has asked Jewish -- %rv`�oices.ccm The Palestinians have turned to the organizations in certain countries to General Assembly after the U.S.vetoed lobby their governments on Israel's be- a resolution this week in the Security half. ... f Council calling on Trump to rescind his The official,speaking on condition of ' f�j -•I. a decision. While General Assembly anonymity because he was discussingjt '�=sp votes,unlike Security Council resolu- sensitive diplomatic contacts,refused ' a tions,are not legally binding,they serve to identify,which countries Israel has LLADR,O . ,-, as a barometer of International senti- approached or say how he expects them ment on key Issues. to vote.But he said he thinks the cam- sr•'""L The U.S.and Israel are both placing paign will be"successful to a certain ex- V 1 C:..0 '4 i, great weight on Thursday's vote.U.S. tent." ,},.'f'�( . f , Ambassador Nikki Haley threatened In some ways,the vote is a test of !ff�} U.N.member states with possible retail- Netanyahu's foreign policy. In recent :/. . -4 ation If they support the resolution,say- years,the Israeli leader has invested it ing Trump takes the vote"personally" great efforts to look beyond Israel's tra- i ilIS and the U.S."will be taking names." ditional allies in Washington and West- Trump went even further,telling re- ern Europe and cultivate ties with de- porters at a Cabinet meeting in Wash- veloping nations that have traditionally ington that opponents were likely to been supportive of the Palestinians. face a cutoff in U.S.funding."For all He has portrayed these efforts as a these nations,they take our money and savvy strategy aimed at opening new then vote against us," Trump said. markets for Israeli technology exports, - .. "We're watching those votes.Let them as well as countering what Israel says is vote against us.We'll save a lot.We a deep-seated bias against it at the Unit- RAMA and SITA don't care." ed Nations. Limited Edition The comments brought accusations This year alone,Netanyahu has vis- of U.S.intimidation. ited China and hosted India's prime ill JOSE ARAGON, INC. Israel's deputy foreign minister,Tzipi minister,Narendra Modi.He also has at- JEWELRY DESIGNER Hotovely,said that the U.S.and Israel tended two summits in Africa. were making"immense efforts"to block b 395 13th Avenue South• Naples,FL 34102 • (239)261-7531 NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Notice is hereby given that a public hearing will be held by the Collier County Examiner(HEX)at 9:00 A.M.,January 11th,2018,in the Hearing Examiner's Meeting Hearing Examiner(HEX)at 9:00 A.M.,January 11th,2018,in the Hearing Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider. Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610, PETITION NO. PDI-PL20170002544 - LIVINGSTON PRO CENTER, LLC Naples FL 34104,to consider: REQUESTS AN INSUBSTANTIAL CHANGE TO THE HIWASSE PUD,ORDINANCE PETITION NO.PDI-PL20160003482-DISTINCTIVE RESIDENTIAL DEVELOPMENT AT NO.05-59,AS AMENDED,TO REDUCE THE FRONT YARD SETBACK,REVISE LIVINGSTON,LLC REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. A DEVELOPMENT COMMITMENT RELATING TO TRANSPORTATION,ADD TWO 2008-06,AS AMENDED,THE PEZZETTINO DI CIELO RPUD,TO ADD TWO DEVIATIONS NEW DEVELOPMENT COMMITMENTS RELATING TO UTILITIES,ADD TWO RELATING TO LANDSCAPE BUFFERS AND FENCE/WALL HEIGHT, TO DELETE NEW DEVIATIONS RELATING TO LANDSCAPING AND BUFFERING,REMOVE ONE DEVIATION RELATING TO CUL DE SAC LENGTH,TO MODIFY DEVELOPMENT ONE DEVIATION RELATING TO SIDEWALKS AND BIKE PATHS,MODIFY THE STANDARDS RELATING TO MINIMUM PRINCIPAL AND ACCESSORY STRUCTURE PLANT MATERIAL NOTES ON EXHIBIT"C,"AND REVISE THE MASTER PLAN SETBACKS,TO ADD A NEW CROSS SECTION EXHIBIT,AND TO REVISE THE MASTER TO REFLECT THESE CHANGES.THE SUBJECT PROPERTY IS LOCATED ON PLAN TO RECONFIGURE THE SITE LAYOUT.THE SUBJECT PROPERTY IS LOCATED THE WEST SIDE OF LIVINGSTON ROAD,APPROXIMATELY ONE QUARTER ON THE EAST SIDE OF LMNGSTON ROAD,APPROXIMATELY ONE-HALF MILE NORTH MILE SOUTH OF PINE RIDGE ROAD,IN SECTION 13,TOWNSHIP 49 SOUTH, OF VETERANS MEMORIAL BOULEVARD,IN SECTION 12,TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF±13 ACRES. RANGE 25 EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF*17.52 ACRES. PROJECT County LOCATION RIDGERD /Co1rCwnIYas \ LOCATION .(▪ t11"- I A = B F3, p -,- A _ rn F., o▪ N Sr "A, Op I 111th AViN I Immokalee RD C All interested parties are invited to appear and be heard. All materials used in All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be Copies of staff report are available one week prior to the hearing.The file can reviewed at the Collier County Growth Management Department,Zoning Division, be reviewed at the Collier County Growth Management Department,Zoning Zoning Services Section,2800 North Horseshoe Drive,Naples,FL Division,Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person The Hearing Examiner's decision becomes final on the date rendered. If a decides to appeal any decision made by the Corner County Hearing Examiner with person decides to appeal any decision made by the Collier County Hearing respect to any matter considered at such meeting or hearing,he will need a record of Examiner with respect to any matter considered at such meeting or hearing, that proceeding,and for such purpose he may need to ensure that a verbatim record he will need a record of that proceeding,and for such purpose he may need of the proceedings is made,which record includes the testimony and evidence upon to ensure that a verbatim record of the proceedings is made,which record which the appeal is to be based. includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to If you are a person with a disability who needs any accommodation in order participate in this proceeding,you are entitled,at no cost to you,to the provision of to participate in this proceeding,you are entitled,at no cost to you,to the certain assistance. Please contact the Collier County Facilities Management Division provision of certain assistance. Please contact the Collier County Facilities located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- Management Division located at 3335 Tamiami Trail East,Suite 101,Naples, 8380,at least two days prior to the meeting. Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Mark Strain, Chief Hearing Examiner Chief Hearing Examiner Collier County,Florida Collier County,Florida December 21,2017 ND-1860416 December 21,2017 ND-1860416 * a * * z ;WPI * W F+I W ri C'� z CA Z -K CSX p.4 C1i € } z,s � v»s 'K "O % �' 4 4 W * It N * W O �` x �+ .1.) x W A.• 4 0 2 u. : - e i O * '� . t x . xw y A, - * .Ku x r ;g a a �% W I K* i. c* V; s � i$ -:,,,,-;..,,,,,;',?:*:;,A,;4-,.:4,4 cA Q� Va * *V ill C. WJ * A1110,iya * El W LLa * "� 0 Ai 4W * d 110 *—� 0.0 idk U' O * W iiil V *U z 1 g * w a / , 4 c O * CI W W •." * A w x ^ Z O I-- W Qd OU11 O~ a Q * ° aa * d W z H z * a 0- 4.4• w e d a * s Q a C. O a 0.� U a * ❑ U a' * d a AGENDA ITEM 3-A Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JANUARY 11, 2018 SUBJECT: PDI-PL-20170002544; HIWASSE CPUD PROPERTY OWNER/AGENT: Owner/Applicant: Agent(s): Livingston Professional Center, LLC Robert J. Mulhere, FAICP 719 Hickory Road Hole Montes, Inc. Naples, FL 34108 950 Encore Way Naples, FL 34110 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial change to the Hiwasse Commercial Planned Unit Development (CPUD), Ordinance No. 05-59, as amended, to reduce the front yard setback, revise a development commitment related to transportation, add two new development commitments relating to utilities, add two new deviations relating to landscaping and buffering, remove one deviation relating to sidewalks and bike paths, modify the plant material notes on Exhibit"C,"and revise the Master Plan to reflect these changes. GEOGRAPHIC LOCATION: The CPUD consists of 13± acres located on the west side of Livingston Road, approximately one quarter mile south of Pine Ridge Road, in Section 13, Township 49 South, Range 25 East, Collier County, Florida (see location map on following page). PURPOSE AND DESCRIPTION OF PROJECT: As described in detail in the narrative statement in Attachment A, the applicant wishes to construct upscale automobile storage and requests insubstantial changes to the CPUD in order to build the desired product by reducing the front yard setback, adding two new deviation related to landscaping and buffering and by removing one deviation related to multi-use pathways. PDI-PL20170002544 Hiwasse CPUD Revised December 20,2017 Page 1 of 9 1 a. I 1--\ . , -..- irri , . ____ . . 0 C I lr a w ' oobi t� oFl iiiiiimmi ammomm �.....� Q Iw cu • Z g 11 0 ° ha, ° o c 0 .......... AM b.. .w ` ^0 (G ©!4IOIOiO = ®10 ® 010'® O O010 8'0 ili O 10c Q 1 I -1- .1. y. Ky Z � R ..i F 7 F X p ..:Jit F . . n l a a V in LL 1 H 0 N I 0 ---„,_.,l `� 0 O O N ,tel Z CL L CD E 8 I l',i li h = C O a rid 0 11 cu 7Im h a, �6 O i 1 ea U O 9 o J W• F -) a O V O0. i i a I I SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the proposed buildings on the subject property: North: Multi-family residences (The Related Group PUD); maximum density: 7DU/A East: Livingston Road ROW,across from which are single family residences(Brynwood Preserve PUD); maximum density: 7DU/A South: Eatonwood Lane ROW,across from which is a developed tract of the Kensington Park PUD, currently being used for agriculture; maximum density: 1.6 DU/A West: Single family residences within the Kensington Park PUD; maximum density: 1.6 DU/A iva itt F NA � Marvk.JR ofi iii ii •,.: , -a cUlla .? R3 fi,? *. la""il - „• bur Alto4 INE t at iiiir E k 1 N r . ,� Hiwasse . CPUD 4 ,,ar,, STAFF ANALYSIS: The PUD is located on a narrow parcel, abutting Kensington Park PUD, a residential development, and therefore the development area is constrained. As a result of the development footprint constraints, the petitioner is seeking deviations to relieve the PUD of buffer, bike path and setback PDI-13120170002544 Hiwasse CPUD Page 3 of 9 Revised December 20,2017 requirements in order to maximize use of the narrow parcel in order to accommodate developing the proposed storage facility. Easements on this PUD have been recorded, and as a result the petitioner has updated the PUD's Exhibit A-1, to reflect the recorded County Utility Easement and FP&L Easement more accurately. The easement recordings are included in Attachment F. One of the changes proposed is to include easements in the 25-foot required Type D buffer along Livingston Road, whereas the way the PUD is currently written, easements are not addressed. The petitioner is also seeking to reduce the setback by one foot along Eatonwood Lane. Changes also include the granting of an easement to the county for a bike path/sidewalk proposed to be constructed by the County on the south side of the development; and granting of a utility easement for utilization by the County. Staff has no objection to the requested changes, because of the site constraints such as the FP&L easement to the West, the County's required multi-use pathway to the South, and also the size of the building the developer is proposing. Comprehensive Planning: Because this application is not adding uses or increasing the intensity of the previously approved uses in the Hiwasse CPUD, it is consistent with the FLUE of the GMP Conservation and Coastal Management Element: Environmental staff has evaluated the proposed changes to the PUD Documents. There is no issue with consistency. Transportation Element: Transportation Planning staff has evaluated the proposed changes to the PUD Documents, and issues have been resolved. Public Facilities Element: The applicant and staff are working on language agreeable to both (to be discussed at the public hearing). PLANNED UNIT DEVELOPENT INSUBSTANTIAL CHANGE CRITERIA: There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of the substantial change criteria in LDC subsection 10.02.13 E.1. The criteria and response to each criterion are listed below as follows: 10.02.13.E.1 a. Is there a proposed change in the boundary of the Planned Unit Development(PUD)? No,there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? PDI-PL20170002544 Hiwasse CPUD Page 4 of 9 Revised December 20,2017 No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. c. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of 5% of the total acreage previously designated as such, or five acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional,commercial and industrial land uses(excluding preservation, conservation or open space), or a proposed relocation of nonresidential land uses? No,there are no changes in areas of land use. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation;changes in traffic circulation;or impacts on other public facilities? No,there are no impacts resulting from this amendment. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? The proposed amendment does not change land uses and, therefore would not result in land use activities that generate higher levels of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers, which were not anticipated when the principal uses were originally adopted. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. There will be no incompatible relationships with abutting land uses. Are there any modifications to the PUD Master Plan or PUD Document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? PDI-PL20170002544 Hiwasse CPUD Page 5 of 9 Revised December 20,2017 No. Comprehensive Planning staff determined the proposed changes to the PUD Document would be consistent with the FLUE of the GMP. Both environmental and transportation planning staff reviewed this petition,and no changes to the PUD Document are proposed that would be deemed inconsistent with the Conservation and Coastal Management Element (CCME) or the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. Due to the limited nature of this request, a determination and public hearing under F.S. 380.06(19)will not be required. k. Are there any modifications to the PUD Master Plan or PUD Document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based upon the analysis provided above,the proposed change is not deemed substantial. Section 10.02.13.E.2 Does this petition change the analysis of the findings and criteria used for the original application? No, the proposed changes do not affect the original analysis and findings for the original application,which is summarized below. FINDINGS OF FACT: LDC Subsection 10.02.13.E.2 also requires an evaluation of the findings and criteria used for the original PUD application. The original PUD Findings and Rezone Findings are attached as Exhibit"A"and Exhibit"B" . DEVIATION DISCUSSION: The petitioner is seeking two deviations from the requirements of the LDC. The deviation is quoted directly from the PUD Ordinance proposed below and is followed by the petitioner's justification and staff analysis. Lir PDI-PL20170002544 Hiwasse CPUD Page 6 of 9 Revised December 20,2017 Proposed Deviation A "A deviation from Section 4.06.02 C.4, which requires a 10-foot wide Type "D" landscape buffer along the southern PUD perimeter boundary, abutting Eatonwood Lane, to allow no landscape buffer abutting Eatonwood Lane for a distance of 155' as depicted on Exhibits A and A-1." (The reference attachments are located in staff's Attachment E — Revised PUD Pages.) Petitioner's Justification: Given that 20 feet of the 24 feet available between the south property line and the proposed buildings is or will be encumbered by easements, there will be no room. The northern 15 feet of Eatonwood Lane is developed with a mature buffer that includes a double hedgerow with canopy trees. Staff Analysis and Recommendation: Staff sees no detrimental effect in approving this deviation, since the buffering effect is met by other plantings. Planning and Zoning staff recommends APPROVAL,finding that,in compliance with LDC Section 10.02.13.A.3,the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Proposed Deviation B "A deviation from Section 4.06.05 C, which requires that all commercial buildings have foundation plantings located adjacent to building entrance(s), primary facades, and/or along facades facing a street, to allow the required building foundation plantings to be located in landscape areas throughout the site." Petitioner's Justification: The proposed buildings will function as automobile garages,with the site generally functioning as vehicular use area. The foundation plantings will be relocated on site, not eliminated. Staff Analysis and Recommendation: Since the plantings will be relocated on site, not eliminated, staff has no objection to the proposed deviation. Planning and Zoning staff recommends APPROVAL,finding that,in compliance with LDC Section 10.02.13.A.3,the petitioner has demonstrated that"the element may be waived without a detrimental • effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Please, see Attachment E—Revised PUD Pages, which outlines the Deviations. NEIGHBORHOOD INFORMATION MEETING (NIM): A NIM was held at the Sugden Theater,Collier County Library Headquarters,2385 Orange Blossom Drive, Naples, FL 34109 at 5:30 PM on November 15, 2017. Five members of the public attended; no objections were expressed. See Attachment B—NIMSummary. PDI-PL20170002544 Hiwasse CPUD Page 7 of 9 Revised December 20,2017 COUNTY ATTORNEY OFFICE REVIEW: This Staff Report was reviewed by the County Attorney's office on December 20, 2017. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20170002544 and forward the petition to the Board(BCC) for affirmation. Attachments: A. Application B. NIM Summary C. Rezone Findings 9/14/2004 and PUD Findings D. Easement Valuation E. Revised PUD Pages F. Recorded Utility Easements PDI-PL20170002544 Hiwasse CPUD Page 8 of 9 Revised December 20, 2017 PREPARED BY: F'!lam ISCHL,AICP,PRINCIPAL PLANNER /oZ-/9-7 7 Z G DIVISION DATE REVIEWED BY: fZ z J // RAYMOND ELOWS,ZONING MAMA ER ZONING DIVISION D E APPROVED BY: / Z - �1- ( l MIKE BOSI,AICP,DIRECTOR DATE ZONING DIVISION 1 PDI-PL20170002544 Hiwasse CPUD Pape 9 of 9 Revised December 20,2017 CO er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDI) CDC subsection 10.02.13 E&Code of Laws section 2-83 2-90 Ch.`3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change.A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): Livingston Professional Center, LLC Address: 719 Hickory Road city: Naples State: FL Zip: 34108 Telephone: 239-254-2000 Cell: NSA Fax: 239-254-20199 E-Mail Address: tomtaylor@hmeng.com Name of Agent: Robert J. Mulhere, FAICP, Vice President, Planning Services Folio#:00258974001 Section: 13 Twp: 49S Range: 25E Firm: Hole Montes, Inc. Address: 950 Encore Way city: Naples state: FL ZIP: 34110 Telephone: 239-254-2000 Cell: NSA Fax: 239-254-2099 E-Mail Address: bobmulhere@hmeng.com 02/24/2017 Page 1 of 5 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? Q Yes ❑No ❑ 1. If applicant is a land trust,so indicate and name the beneficiaries below. ❑ 2. If applicant is corporation other than a public corporation,so indicate and name officers and major stockholders below. Q 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ❑ 4. If applicant is an owner, indicate exactly as recorded,and list all other owners, if any. D 5. If applicant is a lessee, attach copy of lease,and indicate actual owners if not indicated on the lease. 6. If applicant is a contract purchaser,attach copy of contract, and indicate actual owner(s) name and address below:(If space is inadequate, attach on separate page) Thomas M.Taylor,Managing Member DETAIL OF REQUEST On a separate sheet, attached to the application,describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. PROPERTY INFORMATION PUD NAME: Hiwasse PUD ORDINANCE NUMBER: 08-34 FOLIO NUMBER(S): 00258974001 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? ❑✓ Yes No a 02/24/2017 Page 2 of 5 66g� a ' Co er County COLUER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 If no, please explain: Has a public hearing been held on this property within the last year? ❑Yes Ei No If yes, in whose name? Has any portion of the PUD been 0 SOLD and/or❑DEVELOPED? Are any changes proposed for the area sold and/or developed? EYes f✓ No If yes, please describe on an attached separate sheet. 02/24/2017 Page 3 of 5 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below,with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application(download current form from County website) 16 Pre-Application Meeting notes 1 X Project Narrative, including a detailed description of proposed changes 16 ® ❑ and why amendment is necessary Detail of request ❑ Current Master Plan& 1 Reduced Copy Revised Master Plan& 1 Reduced Copy Revised Text and any exhibits X ;11 PUD document with changes crossed through&underlined PUD document as revised with amended Title Page with Ordinance of Warranty Deed X� ❑ Legal Description Boundary survey,if boundary of original PUD is amended ❑ ❑ If PUD is platted, include plat book pages �] ❑ List identifying Owner&all parties of corporation 2 ❑ Affidavit of Authorization.signed&notarized 2 ❑ Completed Addressing Checklist 1 ❑ Copy of 8 34 in,x 11 in.graphic location map of site 1 X ❑ Electronic copy of all documents and plans "Please advise:The Office of the Hearing Examiner requires all materials ❑ Q ❑ to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing,include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 02/24/2017 Page 4 of 5 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: 0 School District(Residential Components):Amy n Bayshore/Gateway Triangle Redevelopment: R_Lockheart 1 Executive Director LI Utilities Engineering:Eric Fey Parks and Recreation:Vicky Ahmad Emergency Management: Dan Summers ❑ Naples Airport Authority:Ted Soliday Conservancy of SWFL:Nichole Ryan ❑ Other: O City of Naples: Robin Singer,Planning Director ❑ Other: FEE REQUIREMENTS El PUD Amendment Insubstantial(P01):$1,500.00 ❑ Pre-Application Meeting:$500.00 0 Estimated Legal Advertising fee for the Office of the Hearing Examiner:$1,125.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to:Board of County Commissioners. The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Date Robert J. Mulhere, FAICP, VP Applicant/Owner Name(please print) 02/24/2017 Page 5 of 5 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) -11WASSEPDI I THOMAS M.TAYLOR (print name),as MANAGING MEMBER (title, if applicable)of LIVINSTON PROFESSIONAL CENTER,LLC (company, If a licable), swear or affirm under oath,that I am the(choose one)owner ✓ applicant contract purchaser and that. 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true: 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action 5. We/I authorize ROBERT J MULHERE,FAICP,VICE PRESIDENT/HOLE MONTES.INC to act as our/my representative in any matters regarding this petition including 1 through 2 above. 'Notes: • If the applicant is a corporation, then it is usually executed by the corp.pres. or v.pres. • If the applicant is a Limited Liability Company(L.L.C.) or Limited Company (L.C), then the documents should typically be signed by the Company's"Managing Member." • if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • if the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner'of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words"as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature /Date THOMAS N:. TAYLOR, MANAGING MEMBER LIVINGSTON PROFESSIONAL CENTER, LLC STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to(or affirmed) and subscribed before me on e (date)by (name of person providing oath or affirmation), as i iA(04(4'1 ILA 1 A,tl/l who is personally known to me or who has produced (type of identification)as identification. '(t; ( (t'AvNi STAMP/SEAL Signature of Notary Public STEPHANIE KAROL ( 'b°4r Ninety Publk-State of Florids ( , Commission N ff 939900 ` My Comm.Expires Mar 9,2020 / Bonded through NMIon0 WAY Assn. CP\O8-('OA-1111 1151 155 REV 3/24/14 Narrative and Justification for Deviations Overview: During design of proposed development in the Hiwasse PUD it was discovered that there is an existing County-owned 8-inch forcemain located on the subject property as much as 20± feet from Livingston Road.This forcemain was installed without obtaining an easement from the property owner. Development plans for two projects have been submitted to Collier. The first, Lock-Up Storage (PL- 20170001705), which is located on the northern portion of the Hiwasse PUD, has been approved. However, after SDP approval, design revisions were required to address an issue related to the requirement for measuring the front yard setback from a 5-foot wide easement required for compensating right-of-way along Livingston Road. Rather than wait the several months (6-7) necessary to determine and complete the process to address this issue, the developer of Lock-Up Storage, decided that he would re-design the site such that it could then move forward with the approval without delay. The impact on the second proposed development, Naples Motor Condos at Hiwasse (PL-20160002025), which covers the southern portion of the PUD, is significantly greater and cannot be easily resolved by a simple redesign.The issues/impacts are as follows: I, Providing the County with a permanent easement for the 8-inch forcemain, in its present location, is not an option. It would have significant impacts on the development and would result in redesign and loss of development area at a substantial cost to the developer(s). Without relief from several PUD and SDP requirements, such redesign would necessitate smaller buildings which would result in significant cost and reduction in the anticipated return. This reduced value is estimated to exceed one million dollars. 2. Relocating the easement requires the developer to grant the following: a. A temporary easement to the County for the existing 8-inch forcemain encroaching on the property along the Livingston Road frontage. b. A 15-foot wide easement located adjacent to Eatonwood Lane to provide for connection to the relocated 8-inch forcemain. c. A 20-foot wide easement within the FPL easement to accommodate both the relocation of the existing 8-inch forcemain encroaching on the property along the Livingston Road frontage,and a new 24-inch forcemain necessary to connect the North and South Regional Water Reclamation Facilities. 3. The County would, under any normal circumstances, pay the developer fair market value for such easements. 4. The easements, in the locations required,create several design problems for the developer,as does the requirement to measure the Livingston Road setback from a 12-foot wide compensating right-of-way easement adjacent to a turn lane that provides no benefit to Hiwasse PUD on a six lane arterial roadway that is not going to be widened to 8 lanes.These include: Page 1 of 5 H:12001\2001076\WP\PD111nitial\Narrative and Justification for Deviations(7-12-2017).docx a. This turn lane easement was granted by a previous owner to allow for a turn lane to Eatonwood Lane, which provides access to the Kensington Development. It should be noted that the Hiwasse does not have access to Eatonwood and therefore does not receive any benefit from the turn lane, but is significantly impacted by: (1) the requirement to measure the setback from the compensating right-of-way easement adjacent to the turn lane; and (2) the requirement to take stormwater runoff from Eatonwood and treat it within the project's stormwater plan. b. The proposed relocation of the County's 8-inch forcemain from its present location (on Hiwasse property without an easement 20± feet in from the property line along Livingston Road) to a proposed 20-foot wide easement that will be located within the FPL easement requires a 15-foot wide easement to run parallel with Eatonwood Lane to connect the existing forcemain to the proposed relocated forcemain in the FPL easement. The dimension between the proposed southernmost buildings in Hiwasse and the south property line is equal to the required 24 foot setback. Within this 24-foot setback, in addition to the proposed 15-foot wide County utility easement, there is also an existing 5-foot FPL Easement running immediately adjacent to the south property line. The result is that 20 of the 24 feet between the southernmost buildings and the property line is, or will be, encumbered by easements. This leaves no room for the required 10-foot wide landscape buffer and the required 10-foot wide easement to allow connection to the proposed bike path/sidewalk easement along the existing FPL service road. In order to ensure that the developer and Collier County are able to address these impacts in an agreed to manner and with the lowest financial/cost impact to both, relief is required from certain PUD and LDC provisions. After several meetings with Growth Management staff and the County attorney's office it was determined most of the County's and the Developer's needs could be addressed via a Developer Agreement but that the setback issue related to the compensating right-of-way could only be addressed via an insubstantial change to the PUD. Obviously then, all issues are addressed in the singular PDI process. Since time is of the essence for the County and the Developer,County staff(Growth Management, Public Utility, and Transportation Engineering) has indicated that they will expedite the review of the PDI application and necessary easement exhibits and agreements. The proposed changes qualify as Insubstantial Changes to the PUD per LDC Section 10.02.13 E.1., in that they do not include any of the following: • A change the boundary of the PUD; or • An increase to the intensity of lands uses or building heights;or • A decrease preservation area;or • A relocation of or change to allowed land uses;or • An increase in traffic generation,change traffic circulation,or impact other public facilities;or • • An increase storm water discharges;or • A change that would be incompatible with surrounding land uses; propose a modification inconsistent with the Growth Management Plan. The PUD is not part of a DRI. A Page 2 of 5 H:12 00 112001076\WP\PD0InitiallNarrative and Justification for Deviations(7-12-2017).docx The substantive PUD changes (excluding removal of specific citations throughout the document), including two new deviations,are as follows: 4.14 LANDSCAPING All landscaping shall be in accordance with the requirements of the Collier County Land Development Code,or as otherwise provide for in this PUD. However,aAn enhanced Type"B"buffer will be provided along the western edge of the FPL Easement Area subject to FPL approval. A cross-section of the enhanced buffer area is provided on exhibit "C": Landscape View and Detail. At the time of SDP approval, a letter shall be provided from FPL, stating that the enhanced"B" Buffer area meets with their approval. An enhanced Type B landscaped buffer shall be provide along Livingston Road for the indoor self-storage building constructed in excess of 150 feet in length in a north-south direction as provided in Paragraph 4.17.C. These enhancements shall include trees placed on 20-foot centers with a double staggered row of palm trees or similar tree types approved by County Planning Staff, 12 and 16 feet in height, to be planted within the 25-foot wide combined buffer and foundation planting area for the full length of the building. (See also Section 4.17) 5.5 Development Standards C. Minimum yard requirements: 1. Front Yard: 25 feet Livingston Road-25 feet,measured from the property line,exclusive of any easements. Eatonwood Lane—24 feet,measured from the property line. 6.2 Transportation Requirements The purpose of this section is to set forth the transportation commitments of the project development. G. The developer,or its successors in interest,shall eesstFuet-grant,at no cost to the County.an easement to allow a 10 for wide bike path/sidewalk within the existing FPL easement upon request by the County. The location of the bike path/sidewalk shall be consistent with the alignment for the County's proposed bike path/sidewalk system. The bike path/sidewalk shall be located within the proposed 20-foot wide County utility easement. Construction of the bike path/sidewalk, as well as installation of any associated landscaping, shall be the responsibility of the County. ' _ .._ _ •• _ 6.3 Utility Requirements C. The developer, or its successors in interest, shall grant, at no cost to the County. a 20-foot wide easement within the FPL easement to accommodate both the relocation of the existing 8-inch forcemain encroaching on the property along the Livingston Road frontage.and a new 24-inch forcemain necessary to connect the North and South Regional Water Reclamation Facilities. The County shall include necessary fittings and valve(s)to allow the Developer to connect to the relocated 8-inch forcemain. The Developer shall be responsible for any cost to Page 3 of 5 H:\200112001076\WP\PDIUnitianNarrative and Justification for Deviations(7-12-2017).docx make the connection to the existing 8-inch forcemain should that occur prior to relocation of that forcemain; however, should the Develoner make the connection to the existing forcemain,the County shall reimburse or credit the developer for the cost to connect to then make the connection to the relocated 8-inch forcemain. The Developer, or its successors in interest, shall grant. at no cost to the County a temporary easement to the County for the existing 8-inch forcemain encroaching on the property along the Livingston Road frontage. The temporary easement shall expire after the forcemain is relocated by the County. D. The developer, or its successors in interest, shall grant, at no cost to the County. a 15-foot wide easement located adjacent to Eatonwood Lane to provide for connection to the relocated 8-inch forcemain.This easement shall include allowance for County construction of a 10-foot wide bike path/sidewalk to allow connection to the proposed 10-foot wide bike path/sidewalk easement within the existing FPL easement,as required in Section 6.2.G.of this PUD. 7. DEVIATIONS 1. A deviation from Section 4.06.02.C.4.—Type D Buffer- which requires a 10 foot wide Type "D" perimeter buffer along the southern PUD boundary, adjacent to Eatonwood Lane. to waive this perimeter landscape buffer. Livingston-Read. 2. A deviation from Section 4.06.05.C. —Building foundation plantings, which requires that all commercial buildings provide building foundation plantings located adjacent to building entrance(s),primary facades, and/or along façades facing a street to allow the required building foundation plantings to be to be located in landscape areas throughout the site. Justification: There is no room given that 20 feet of the 24 feet available between the south property and the proposed buildings is or will be encumbered by the existing 5-foot wide FPL easement and proposed 15-foot wide County utility easement. It is not appropriate to located plantings within the County's utility easement, and the remaining 4 feet adjacent to the buildings is necessary for access and for maintenance. The northern 15 feet of the Eatonwood Lane is developed with a mature buffer than includes a significant double hedgerow with canopy trees (see photos below). Nearly the entire right turn lane for Kensington's access to Eatonwood is located on Hiwasse property, without benefit to Hiwasse. Additionally, Hiwasse is treating stromwater from Eatonwood Lane, although Hiwasse has no access to Eatonwood. Considering these factors, and given the multitude of public needs within this 24 foot wide area in with the existing buffer below,the deviation is justified. Page 4 of 5 H:\2001\2001076\WP1PDI\1nitial\Narrative and Justification for Deviations(7-12-2017).docx t , Sfr . t • 'It .11°11.* i �f t'',.i ,,: .ise, „, ,r 'V " ' A ily ti; • i + Jr . �. r , }1 t t*,;:v11,."', . } i..:;,, 3. -y i i It ‘ . yy iric___,. .lir t ,,, 400 , . per.. , , i .t • -F 1 Il i ., ;0.f rl '{%/�J4 \`' r dit. ffi N I -, _ ',Ili, . ,i„,‘,3,,,.. . , -� .,t,a-- ' 11J1Pj1i .,, , r ,., t .„.....„..,...... .,„,7„,,,, ....„....„:„.„7 : ,..,N.:T.'--: .4'„,,, \ -----:-----ili, ,",,,,,,„ ... ,, �w, � e,,,,,.... „.:42.„..„.„..4,:::.:::) ,.....„,:;,, ,£,w . ; ,, ,; Page 5 of 5 H:12001120010761WP\PDI11nitial\Narrative and Justification for Deviations(7-12-2017).docx NIM Summary Hiwasee PUD (PDI-PL-20170002544) November 15,2017,5:30 PM Wednesday,November 15,2017 at 5:30 p.m. Collier County Public Library Headquarters, Sugden Theater 2385 Orange Blossom Drive,Naples,Florida 34109 The NIM was held for the above referenced petition submitted by Robert J. Mulhere, FAICP, Vice President, Planning Service and Business Development of Hole Montes, Inc. The petition is described as follows: An amendment to Ordinance No. 04-20, as amended,to allow for An insubstantial change to the Hiwasse PUD, Ordinance No. 05-59, as amended, to reduce the front yard setback, revise a development commitment relating to transportation, add two new development commitments relating to utilities, add two new deviations relating to landscaping and buffering, to remove one deviation relating to sidewalks and bike paths, to modify the plant material notes on Exhibit "C," and revise the Master Plan to reflect these changes. The subject property is located on the west side of Livingston Road, approximately one quarter mile south of Pine Ridge Road, in Section 13, Township 49 South, Range 25 East,Collier County,Florida, consisting of±13 acres. Note: This is a summary of the NIM. A recording is also provided. Attendees: On behalf of Applicants: Bob Mulhere, FAICP, Vice President, Planning Services, Hole Montes, Inc. Tom Taylor on behalf of Livingston Professional Center, LLC County Staff: Fred Reischl, AICP, Principal Planner Approximately 5 members of the public attended. Note: 3 members arrived at 5:00 PM and requested a summary of the project as they had another appointment and could not stay. They were residents of Kensington Park. After Mr. Mulhere explained the project and proposed PDI changes and responded to their questions related to access, building height, location of County easements and proposed County 10 foot wide bike path/sidewalk, they left at 5:20 PM expressing no concerns with the proposed changes. At 5:30 PM, Mr. Mulhere started the presentation by introducing himself and County staff. He then explained the NIM process and the process for approval. Mr. Mulhere provided an overview of the project and reviewed the proposed insubstantial changes, including the need to provide for alternative plantings other than Sabal or Washingtonian Palms in the landscape buffer within the H:\2001\2001076\WP\PD1\NJM\NIM Summary(11-17-2017).docx • FPL easement adjacent to Kensington, as FPL would not approve these type of pants die to height concerns. Since the ability to use alternative plants in this buffer was not part of the previously submitted changes, and the issue only came up a day before the NIM, Mr. Mulhere indicated at the NIM that such flexibility would be requested and that any alternative plants would be approved by both FPL and Collier County. Mr. Mulhere then explained all other requested changes. Two members of the public were in attendance. One was a resident of Kensington one was a resident of Brynwood Preserve (east across Livingston Road). The attendees asked several questions related to the following: • Site access • Lighting • Building height and locations • Hours of operation • Location of pathway • Location of proposed easements • Buffers along birder with Kensington and along Livingston Mr. Mulhere responded to all questions. Having no further questions, the attendees thank Mr. Mulhere. The meeting concluded at approximately 5:25 PM H:\2001\2001076\WP\PDI\NIM\NIM Summary(11-17-2017).docx Agenda Item No.8A September 14,2004 Page 12 of 71 RUSSELL A. BUDD,CHAIRMAN REZONE FINDINGS PETITION PUD-03-AR-3561 Division 2.7.2.5.of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following,where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the GMP. The subject property is designated Urban (Urban Commercial District, Livingston Road/Eatonwood Lane Commercial Infill Sub-district)on the Future Land Use Map of the Growth Management Plan. This designation allows 91,000 square feet of professional and medical office uses or 200,000 square feet of indoor self-storage uses. Based upon the above analysis, staff concludes the proposed rezone, as revised is consistent with the FLUE. 2. The existing land use pattern. To the North is undeveloped land within the Related Group PUD. This project is a multi-family residential development with a density of 6.99 units per acre. To the East is Livingston Road and the Brynwood Preserve PUD that is approved for 160 residential dwelling units and at a density of 5.47 units per acre. To the South is Eatonwood Lane and the golf maintenance facility for the Kensington Park PUD. Lastly, lands to the west is the developed single family subdivision within the Kensington Park PUD that permits 570 dwelling units and 18-holes of golf. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The rezone to the Hiwasse PUD is of sufficient in size and located within the Livingston Road/Eatonwood Lane Commercial Infill Sub-district that permits the proposed uses. Therefore, the subject petition will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. 4. Whether existing district boundaries are Illogically drawn in relation to existing conditions on the property proposed for change. The Proposed Hiwasse PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. EXHIBIT"A" PUDZ-03API 3561,Niwasse PUD 7 Agenda Item No. 8A September 14,2004 Page 13 of 71 1. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed PUD is appropriate since the subject site has been reduced in depth due to a right-of-way taking by Collier County and the 235 foot deep FPL easement. As a result, the ability to develop the site for residential uses has been greatly diminished. In addition, the BCC approved the Livingston Road/Eatonwood Lane Commercial Infill Sub-district that permits the proposed uses contained in the PUD. 6. Whether the proposed change win adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions within the neighboring properties due to the project's consistency with the GMP and buffering provided by the 235 foot deep FPL easement that serves as a buffer between the adjacent residential developments. In addition, the proposed rezone will have no significant impact on any adopted level of service standard. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development,or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 and 5.2 of the Traffic Element of the GMP. These are policy statements advising that this project when developed will not excessively increase traffic congestion. 8. Whether the proposed change will create a drainage problem. The LDC specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary, the Hiwasse PUD has been reviewed for consistency with the applicable regulations and required to mitigate all surface drainage generated by this project. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The Hiwasse PUD will not seriously reduce light and air to the adjacent properties. Furthermore, all projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts(i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. PUDZ03-AR•3561.Htwesse PUD 8 Agenda Item No.8A September 14,2004 Page 14 of 71 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed office uses and self storage uses and applicable development standards including landscaping and architectural standards within this PUD and the LDC are consistent with all Collier County requirements. As a result, staff is of the opinion that the proposed PUD will not adversely impact property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The undeveloped properties nearby should not be affected by the requested zone change in that the project provides a landscape buffer,provides increased setbacks and is consistent with the GMP. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed change will not constitute a grant of special privilege since the proposed PUD complies with the GMP. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Due to the right-of-way taking and the 235 foot deep FPL easement, the subject property is no longer suitable for residential uses. En addition, the project is being developed in accordance with the existing Future Land Use Element, which permits the proposed uses. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The Hiwasse PUD complies with the GMP and will not adversely impact the scale, density and overall intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites that are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. PUOZ-OS AR 3561.Rwasse PUD 9 Agenda Item No.BA September 14,2004 Page 15of71 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed,zoning classification. The area within the subject site affected by the proposed rezone is currently structured and consistent with the Future Land Use Element to receive such development. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance,as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP.The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. The proposed change will have no affect upon those conditions. PUDZ O3-AR 3561.H',wr«PUD 10 Agenda Item No.8A September 14,2004 Page 16 of 71 FINDINGS FOR PUD PUD-03-AR-3561 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access,drainage,sewer,water,and other utilities. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the Hiwasse PUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Planning Commission and the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the GMP. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The Hiwasse PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The subject petition has been found consistent with the goals, objectives and policies of the GMP. A more detailed description of this conformity is addressed in the Staff Report. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The Hiwasse PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. The LDC to assure harmonious relationships between projects automatically regulates external.relationships. EXHIBIT"B" PUDZZO3•AR-3561,wwassi PUD 11 Agenda Item No.8A September 14,2004 Page 17 of 71 5. The adequacy of usable open space areas in existence and asro serve the development. P Posed to The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities,both public and private. Timing or sequence of development in light of concurrency requirements is not a significant problem. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system,potable water supplies,characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. In addition, the Hiwasse PUD will not adversely impact any previous determination of consistency with the GM?. The project is also timely because the supporting infrastructure is available. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations In the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criteria essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. PUDZ.03 AR 3561,H mn°PUD 12 Livingston Pro Center, LLC Easement Valuation „ _ m «,,• "— ' ° '•r .awo.yen"" #j 111, 61 i ' • 41\14tilc. 4 —41 :' . \'''' I'l ! f ;IL SEW 4k lire y r sir ,,��•, v-' Ivo ►. ii �. c� r ' I{114 .001101,14,41 rt" a -kJ - i t ' 14:\4**e; 1-: tit as / Ifiegyittait Oft + . ,4'w -,rte; ` +r ifi _.. 41; 1 r wilk,>i �� Mils �. The Subject Property Parcel No. 00258974001 Site. 12997 LIVINGSTON RD, NAPLES, FL 34105 Name/ LIVINGSTON PRO CENTER LLC Address 719 HICKORY RD City (1APLES State FL Zip 134108-3315 Map No. Strap No. Section Township Range Acres *Estimated 000100 218 4A131 13 49 25 12.55 04A13 Le 13 49 25 THAT PORTION OF THE E1/2 OF SEC 13 AS DESC IN OR g 4105 PG 2035 LESS PORTION AS DESC IN OR 5411 PG 3997 ltility Easment Descriptions(attached following Pages) Scope of the valuation assignment: This valuation is for a permanent utility easement previously described as 32,952sf or 0.76 acres. No other easements are taken into consideration in this valuation assignment. The utility easement value is not based on a 10-foot-wide bike path/sidewalk easement. The bike path/side walk(BPSW)will be located within the existing utility easement. The BPSW value will be FDOT costs plus easement land value. Definition and Terms: An easement is the right provided to a person or entity to use someone else's property. The property owner usually transfers this right while retaining ownership through execution of an easement document. Utility easements are areas of a property that were defined for use by utility companies when the property was first put on a plat. They are designated for overhead electric, telephone and television lines and underground electric, water, sewer,telephone,and cable lines. 1 A sewer is a pipe that receives wastewater from homes, businesses, etc. and carries it to a wastewater treatment plant. A sewer easement is an area where we have the right to enter, maintain, repair, inspect, improve, renovate and replace P ep ace facilities including pipes and manholes; and to keep clear access Easement Location: The proposed utility easement will be located within the existing easements and landscape buffer areas. Typically, these areas that are located near the property line and have no use or utility to the owner's property other than their designated use. Cost of Utility Easement Marketing Sales Data: 1. 00288162003 2/14/2017 $2,500,000 sold @$14.35 sf 2. 00288000000 6/30/2016 $6,675,000 sold @$13.77 sf 3. 24993500486 5/15/2017 $5,124,000 sold @$10.69 sf The avg.of the market data is$12.93 say$13.00 sf or$566,280 dollars(land value for easement) Easement Valuation: "To educate property owners and right of way professionals, an easement valuation matrix can he used as a general guide to assess the effect an easement may have on the total bundle ofrights. In establishing this matrix, the impact the easement has on the use, or utility of'the bundle of rights. Considering the easement in place. the matrix should be used as a general guide in looking at the effect an easement may have on the total bundle of rights. ,., EX:SMALL SUBSURFACE EASEMENT ° -- .; ,.. n amariaad im i llk EX:MR RIGHTS,WATER OR SEWN L14E ,ir- Subomatdt or air . . 6 x. ... �aftrct Oft use& weep : t EX:CABLE LP*S,WATER OR SEWER LX Ip&Ait�t�P is mtvlumeAlOM'S,WM!R„CAI.f 1 cee use by both°r oa&enterrient ..i`. `%C ' f x PIPELINES,SL.,FSLIC LASEISIEN7 Aoia ` impact on surface use; g\,iQ Conveyance co,inposafecarest rights Ex PIPELINES,MANAGE E_ASFMEN Ts 401°' FLOWAGE EASEMENTS Major invert on se uand 4,741/ 154 1 ' convey-antic(fun"uses EX:OVERHEAD ELECTRIC,RAEROADS, 1 Severe impact on surface use arid �ac,a ATXt CANALS de ' conveyance of Uwe use= The proposed utility easement will have a nominal effect on the use or utility of the owner's property. No other easement(s)will be considered, this utility easement is for access and maintenance along with installation. The direct discount of fee value will be used as a method of obtaining the estimated value of the easement. The matrix indicates the percentage of fee value used in the valuation.This means, establishing a per unit value for the entire parcel then taking a percentage of the fee value. The real estate market research for similar properties as to where the easement is located, indicates that vacant land costs in this market area is$566,280 per acre or$13.00sf. The proposed utility easement is 0.76 acres; the proposed easement will be located subsurface within an existing landscape and utility easement area. Mathematically,0.76 acre(easement)x$566,280ac(fee value)x 17%(matrix)is$73,163 say$73,200 dollars. (Utility Easement Value) Proposed Bike Path Costs I Owner shall convey the Property via the Uhhty Easement anc grant the ICE and the Livingston Utility Easement to District at no cost to the District, unless otherwise stated herein 2 Owner small grant, at no cost to Collier County, an easement to allow a 10-foot wide bike path/sidewalk generally along the existing FPL service road and within the Utility Easement upon the request of Collier County The location of the bite path/sidewalk shall be consistent with the alignments for the County's proposed bike path/sidewalk system The bike pet/sidewalk, shall be lixatted within_tne_Lbey Easement Construction of the bike path/sidewalk as well as installation of any associated landscaping, shall be the responsibility of Confer County 3 As set forth in the Utility Easement. the Owner shall grant, at no cost to District, a 20-foot wide easement within the FPL easement to accommodate both the relocation of the existing 8-inch force main encroaching on the property along the Livingston Road frontage, and a new 24-inch force main necessary to connect the North and South Regional Water Reciamation Facilities The District will not credit or reimburse the Owner for connection costs If the 8'force main is not relocated by the time wastewater service is needed by Owner,Owner must extend the force main stub-out to the 20'Collier County Utility Easement,and the District will complete the connection upon relocation of the force main The Owner shall be responsible for any cost to make the connection to the existing 8-inch force main should that occur poor to relocation of that force main Easement size: 10'x 1400'is 14,000sf/0.32ac Construction costs: $5.27sf x 14,000sf is$73,780 dollars Land Costs: Easement area NJA Total bike path costs:$73,780 dollars. r I certify that. to the best of my knowledge and belief- - The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. -- I have no (or the specified)present or prospective interest in the property that is the subject of this report and no(or the specified) personal interest with respect to the parties involved. -- I have performed no(or the specified)services,as an appraiser or in any other capacity,regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. - I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment My engagement in this assignment was not contingent upon developing or reporting predetermined results. - My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. -- My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. Roosevelt Leonard.VW-AC Sr.Review Appraiser Real Property Management 3335'1'amiami'Frail Fast Ste. 101 Naples.FL 34112 Ph:239 252-2621 11/8/2017 SECTION ONE: AMENDMENTS TO TABLE OF CONTENTS/EXHIBITS PAGE, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 04-75, AS AMENDED BY ORDINANCE NO. 08-34, THE HIWASSE PUD The Table of Contents/Exhibits Page, attached to Ordinance No. 04-75, as amended by Ordinance No. 08-34, The Hiwasse PUD, is hereby amended to read as follows: TABLE OF CONTENTS Page SECTION I Statement of Compliance 3 SECTION II Property Ownership, Legal Description, Short Title and Statement of Unified Control 4 SECTION III Statement of Intent and Project Description ..5 SECTION IV General Development Regulations 6 SECTION V Permitted Uses and Dimensional Standards for Commercial Development .13 SECTION VI Development Commitments 15 EXHIB ITS Exhibit A—PUD Master Plan Exhibit A-i —Eatonwood Lane and FPL Easement Interface Exhibit Exhibit C—Landscape Detail & View Elevation/Cross Section Study Exhibit D—Architectural Schematic Page 1 of 5 Words st ek-trough are deleted;words underlined are added. H'2001\20010761WP\PD1\3rd Resubmittal\Hiwasse PUD(PDI-PL20I70002544)(11-28.2017).docx SECTION TWO: AMENDMENTS TO SECTION V, PERMITTED USES AND DIMENSIONAL STANDARDS FOR COMMERCIAL DEVELOPMENT, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 04-75, AS AMENDED BY ORDINANCE NO. 08-34, THE HIWASSE PUD Section V, Permitted Uses and Dimensional Standards for Commercial Development, attached to Ordinance No. 04-75, as amended by Ordinance No. 08-34, The Hiwasse PUD, is hereby amended to read as follows: * * * * * * * * * * * * * 5.5 DEVELOPMENT STANDARDS * * * * * * * * * * * * * A. Minimum lot area—20,000 square feet B. Minimum lot width— 100 feet C. Minimum yard requirements: 1. Front yard: 25 feet Livingston Road — 25 feet, measured from the property line, inclusive of any easements. Eatonwood Lane—24 feet, measured from the property line. 2. Side yard— 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the Collier County LDC are met. 3. Rear yard— 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the Collier County LDC are met. * * * * * * * * * * * * * Page 2 of 5 Words stmck-threrugh are deleted;words underlined are added. H:\2001\2001076\WP\PDI\3rd Resubmittal\Hiwasse PUD(PDI-PL20170002544)(11-28-2017).docx 411. SECTION THREE: AMENDMENTS TO SECTION VI, DEVELOPMENT COMMITMENTS, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDNANCE NO. 04-75, AS AMENDED BY ORDINANCE NO. 08-34, THE HIWASSE PUD Section VI, Development Commitments, attached to Ordinance No. 04-75, as amended by Ordinance No. 08-34,The Hiwasse PUD,is hereby amended to read as follows: * * * * * * * * * * * * * 6.2 TRANSPORTATION REQUIREMENTS * * * * * * * * * * * * * G. The developer, or its successors in interest, shall met grant, free and clear of all liens and encumbrances, at no cost to the County, an easement to allow a 10- foot wide bike path/sidewalk along the existing FPL service road upon request by the County. The location of the bike path/sidewalk shall be consistent with the alignments for the County's proposed bike path/sidewalk system. The bike path/sidewalk shall be located as depicted on Exhibit A-1. Construction of the bike path/sidewalk, as well as installation of any associated landscaping, shall be the responsibility of the County. - ' _ _• _ ' ._- . ._. _ 6.3 UTILITY REQUIREMENTS * * * * * * * * * * * * * C. The developer, or its successors in interest, shall grant, at no cost to the County and free and clear of all liens and encumbrances, a 20-foot wide county utility easement within the FPL easement to accommodate both the relocation of the existing 8-inch forcemain encroaching on the property along the Livingston Road frontage, and a new 24-inch forcemain necessary to connect the North and South Regional Water Reclamation Facilities. The developer, or its successors and/or assigns, shall grant, at no cost to the County and free and clear of all liens and encumbrances, a temporary county utility easement to the County for the existing 8-inch forcemain encroaching on the property along the Livingston Road frontage. The temporary easement shall terminate one year after the official acceptance of the public improvements by the Board of County Commissioners of Collier County. Florida, or on completion of the project, whichever comes first. See Exhibit A-1 for graphic illustration of easement locations and dimensions. Page 3 of 5 Words are deleted;words underlined are added. H:\2001\20010761WP\PDA3rd ResubmittaAHiwasse PUD(PDI-PL20170002544)(11-28-2017).docx D. The developer, or its successors in interest, shall grant, at no cost to the County and free and clear of all liens and encumbrances, a 15-foot wide county utility easement located on the southern portion of the property to provide for connection to the relocated forcemain described in Section 6.3 C. See Exhibit A-1 for graphic illustration of easement locations and dimensions. Page 4 of Words stfiisk-thFeugh are deleted;words underlined are added. H:\2001\2001076\WP\PDI\3rd Resubmittal\Hiwasse PUD(PDI-PL20170002544)(II-28-2017).docx SECTION FOUR: AMENDMENTS TO SECTION VII, DEVIATIONS, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 04-75, AS AMENDED BY ORDINANCE NO. 08-34,THE HIWASSE PUD Section VII, Deviations, attached to Ordinance No. 04-75, as amended by Ordinance No. 08-34, The Hiwasse PUD, is hereby amended to read as follows: 7. DEVIATIONS A. A deviation from Section 4.06.02 C.4, which requires a 10-foot wide Type "D" landscape buffer along the southern PUD perimeter boundary, abutting Eatonwood Lane, to allow no landscape buffer abutting Eatonwood Lane for a distance of 155' as depicted on Exhibits A and A-l. •- - - _. . . . . • . . :-:.• - - .. - e _ - - ••- - B. A deviation from Section 4.06.05 C, which requires that all commercial buildings have foundation plantings located adjacent to building entrance(s), primary facades, and/or along facades facing a street, to allow the required building foundation plantings to be located in landscape areas throughout the site. Page 5 of 5 Words strut are deleted;words underlined are added. HX2001\2001076\WP\PDP3rd Resubmittal\Hiwasse PUD(PDI-PL20170002544)(11-28-2017).docx iN — ii I Y 2255 ! Ni v, 5 ~ <^ 1 JJa. I O J E 0. gI 1411, 1 ea r 1,;t a I '�� l _, ' o, m n R 4 o : cr; i 8 _ 1 14 J 8 co si:rLL I �il 4.1 _ I c, ' ICU i '`\ 115 I mo ..11 hW ea < a linalliA. 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BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $35.50 Attachment F Recorded Utility Easements This Instrument Prepared by and After Recording Return to: Mark H.Muller,Esq. Mark H.Muller,P.A. 5150 Tamiami Trail North,Suite 303 Naples,Florida 34103 UTILITY EASEMENT THIS UTILITY EASEMENT is made and entered into this Zed day of f torrenuul. 2017 by LIVINGSTON PROFESSIONAL CENTER, L.L.C., a Florida limited liability company,whose mailing address is 719,11i 9 t. ;Irtap1es,Florida 34108,and LOCK UP— TAYLOR JV LLC,a Delaware lipti' • t se mailing address is c/o A&R Management, Inc., 800 Frontag ''R�, • 'orthfield, Illino � , as Grantor, to the BOARD OF COUNTY COMMISSI,O S OF COLLIER C U Y, FLORIDA, AS THE GOVERNING BODY OF O 'C RO JN'ry, AS THE EX-OFFICIO GOVERNING BOARD OP THE COL _ ' .OUN Y WA ERASEWER DISTRICT, its successors and assigns, whosec lint s`>j IA ' • ,: 'Y` rail,East, Suite 101, Naples, Florida 34112,as Grantee. i 1 -8 ; ! WITNESSETH: Th tr Intor TH. anonst rati the sum of ten dollars ($10.00) and other valuable:'engideration paid by ( nte4, tl{e,,*eipt of which is hereby acknowledged by Grantor, lh conveys, grants,16Wait4s( d sells unto Grantee, its - successors and assigns, a non easement, license, fi privilege to enter upon and to install, relocate,repair and/or otlte i maintain il' `�(s)and utility facilities, and/or portion(s)thereof,in,on,over and under�tti¢fllo vide�d lands located in Collier County, Florida,to wit: �= — See attached Exhibit"A"which is incorporated herein by reference. Subject to easements,restrictions and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee, its successors and/or assigns, together with the right and privilege to enter upon said land to excavate, relocate and/or introduce materials for the purpose of constructing, operating, relocating, repairing and/or otherwise maintaining the subject utility facilities and/or system(s) or portion(s) thereof, in, on, over and/or under the easement area, but shall not take any dirt or fill material away from said land. Grantor and Grantee are used for singular or plural,as the context allows. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above, provided, however, that this easement shall terminate and be of no further force or effect upon the earlier of: 1)November 1, 2017; or 2) ten (10) days after Grantee has: a)removed that part of the existing sewage force main constructed in the easement area which lies within the south+/- 896 feet of the easement area(the"Removal Area");and b) has graded the Removal Area to the general elevation it was in before the removal of the existing - 1 - L012.002 G ".*.. A OR 5435 PG 3559 1 I 1 sewage force main (collectively, the "Force Main Removal"). By accepting the easement granted herein,Grantee agrees that it shall complete the Force Main Removal at its sole cost and expense by no later than November 1,2017. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. STATE OF FLORIDA COUNTY OF COLLIER Signed,sealed and delivered in the p ce of: LIVINGSTON PROFESSIONAL (seal) CENTER,L.L.C.,a Florida limited .�-- liab lity company IL C0= Witness#1 i }y,j'" \ 4?...'' C ,n111!_k Printed Name of Witness#1 ,% "''t ' Tho N4\Taylor,Its Manager 1 / 'i- 1 ./ ' , • (iFrn-i-IT 7,7\, w . ess •7 _ � I%v1 • Printed Name of Witness#2 \i -- �` L/" The foregoing instrument was ale g ore me •this 2! day of fik,VS1, 2017, by Thomas M. Taylor, the Manager of Livingston Professional Center, L.L.C., a Florida limited liability company,on behalf of the company,who( >e,.. )is personally known to me or ( ) has produced as identification. Ita- ��1 Q;'. T: RORI MORRISON Publ -State of Florida MY COMMISSION II GG 006168 ry • �i��p,-' EXPIRES:August 4,2020 4 / r rn,,.,lOisitA "'F4:.�.t°.•Bonded Pi Notary Public Underwriters punt //'(/�uv ' Printed Name of Notary Public -2- ' L012.002 OR 5435 PG 3560 STATE OF ILLINOIS COUNTY OF COO(� Signed,sealed and delivered in . •sence of. LOCK UP—TAYLOR JV LLC, (seal) a Delaware limited liability company , ..72/)..„....„--- By:A&R Management,Inc., Witness • an Illinois co.....: on,Its Manager b-/Cir A ( , Pal( 1(Ck.) Printed Name of Witness#1 By: n ' // N. .e: IF. fT1<a / —' --" — Title: , / I ,f2C�} , .� r Witness#2 b (�� `�v gESS yoil 6i......"."JD �/� ____L � Printed Name of Witness#2j / -' =� ------''" �' ('J� .ice' � ,, Th 4 fore oing i s . `` e •d ! o ' e thil day o?►_j;irra:►, ., 2017, by �. .;in i L`.•� � A d ' ` 1 ti.i of A & R M: :_ement, Inc., an Illinois corporation,I e Manager of Loc 6,, — :ylor,:rn LLC, a Delaware limited liability company, on behalf e.company,who( 4:,':piirsiz i);known to me or( ) has produced \',1- �Ff(,.,/ as identification. :- \qtr' OFFICIAL SEAL ( No T�blic State of Ill 4ois JUDY ANN RIGHTER I �� 4 NOTARY PUBLIC,STATE OF ILLINOIS $ VOL � r(C1 t° 4( i My Commission Expires Sep 20,202C > Printed Name of otary Public Approved as to form and legality: c` Jennifer A.Belpedio,As ' t County Attorney �� 374 -3 - L012.002 (� \y *** OR 5435 PG 3561 *** EXF-11Bi T G Pca„ / of 1 M 6 fNv-O!at AV M'%Aware CIE .01/3017 114041 All MVO &Mo THIS IS NOTOr( A SURVEY ABBREVIATIONS POB O.R. - OFFICIAL RECORDS BOOK PG. a PAGE N.E CORNER OF PO8 a PONT OF BEGINNING L1S PARCEL DESCRIBED N R/W • RIGHT-OF-WAY O.R. 4105 PG. 2035 T SEC. • SECTION S. UNE OF THE N.E. I 1/4 OF THE N.E. 1/4, I 't., SEC. 13-495-25E '' UNE TABLE w UNE DIRECTION LENGTH N LI 500'1537T 18&35 r i C L2 30308'2718 1835 N L3 930'22'47"E 197.74 1,PP�pl PAS 11G< l4 S0001'O21< 19416 00258974001 13 500'10'501: 161.80 ii 01600 .3,00 0.R 4105 FS. 2035 , - - t� . LTI931.2411.19 186.27 � / �,� :0_,..0____,‘-__-9 ESE LF � / 1 17 5001913W 449.63 ` f ! 43. ...--14.E. 'r1/4, 4'25E NON \ LB 589'60'1311' 15.00 ` -. 1i \ \ LA N00'19'13'E 449.90 r �.--, . } 1'iY)\V 4444I f /" \ I r � UO N31'24' 11r 185.21I } 1.11 N00'10$O"W 161.62 N.E 1/4, SEC. 1 ^: 1\ .- ...-) ,I . , I t�', L12 1�001'021M 194.12 --- 13-495-25E� \\:2.7:24' O.R. { PG. 31544 L - \-- -i , I i.:-.--../ L13 NO0'22'47.9 19&15 L_.-\,~`i°4- - --{ 't 1/0 114 NO3'06171 206.66 4 EATONW000 LANE ,N, I I /• %J L15 S8923$31 394 LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN THE EAST HALF OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA, BEING A PORTION OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035, OF THE PUBUC RECORDS OF SAID COLLIER COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035, THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL (AKA WEST R/W LMNGSTON ROAD) RUN S00'15'37"E FOR A DISTANCE OF 188.35 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY RUN 503'06'27"W FOR A DISTANCE OF 18.35 FLEI; THENCE RUN SOO'22'47"E FOR A DISTANCE OF 197.74 FEET; THENCE RUN SO0'01'02"E FOR A DISTANCE OF 194.15 FEET; THENCE RUN SOO'10.50"E FOR A DISTANCE OF 161.80 FEET; THENCE RUN SO1'24'31'W FOR A DISTANCE OF 185.27 FEET; THENCE RUN S00'19'13"W FOR A DISTANCE OF 449.63 FEET, TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035 (AKA NORTH R/W EATONW000 LANE); THENCE ALONG SAID SOUTHERLY BOUNDARY RUN S89"50`1 3"W FOR A DISTANCE OF 15.00 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY RUN NOO'19'13"E FOR A DISTANCE OF 449.90 FEET; THENCE RUN NO1'24'31`E FOR A DISTANCE OF 185.21 FEET; THENCE RUN NO0'10.50"W FOR A DISTANCE OF 161.82 FEET; THENCE RUN NOO'01'02'W FOR A DISTANCE OF 194.12 FEET; THENCE RUN NOO'22'47"W FOR A DISTANCE OF 198.15 FED'; THENCE RUN NO3'06'27"E FOR A DISTANCE OF 206.66 FEET, TO A POINT ON THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035; THENCE ALONG SAID NORTHERLY BOUNDARY RUN S89'23'53"E FOR A DISTANCE OF 3,94 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, CONTAINING 19,890.37 SQUARE FEET. DgiiAy,4<dbr y,-A"^;4, Tom Mu,Ohy HOLE MONTES, INC., CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 r A DI*cnaTom c� /� rA.,,,;„..„:41,,,,l%4,t,Ai' hiuP"'a wphy BY r m,_ A. P.S.M. #5628 "m•�hy Due 2017.02.13 THOMAS M. MURPHY STATE OF FLORIDA 13:4346 mud 11g ' DRAW Bt`. DATE ., 6200 Whl,k.y Crook Dr, MINI R0. f/N K. Air 1Ft. Layer* FL 33919 Al"SF9E I OF , Phono: (239) 985-1200 SKETCH AND LEGAL DESCRIPTION ELR sena - HOLE MONTES Florida Cortlffeat* of 13-495-25E 861 °M' 01� �iO Authorization Haatbn No.1772 _ 5015100 OlL49 AMIN INSTR 5453457 OR 5435 PG 3550 RECORDED 9/29/2017 4:08 PM PAGES 8 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $69.50 Western Interconnect—Livingston Pro Livingston Professional Center Tax ID#00258974001 Accepted by BCC pursuant to Resolution 2010-39 I UTILITY EASEMENT • THIS EASEMENT, made ande t� Vag day of cep-ren4F . , 2017, between LIVINGSTON PROFS •L CE : '411,C., a Florida limited liability company, whose mailing addis�' 19 Hickory Road, .ptbs, FL 34108, and LOCK UP – TAYLOR JV LLC, a Delavy re, reited-4+sbi �company, ostR mailing address is do A & R Management, Inc., 800 Fr�ntaige''-ad Nort1 field, Illi is 0093, as Grantor, to the BOARD OF COUNTY CIM - ',,4+ -'z , • OU TY, FLORIDA, AS THE GOVERNING BODY OF C E' CI - j I .5S\,HE E)(-OFFICIO GOVERNING BOARD OF THE COL 'IC•U• 1 I. DISTRICT, its successors and assigns, whose mailing' 13 5Ta i T = a Suite 101, Naples, Florida 34112-5356, as Grantee.\`,`,r' (Wherever used herein the ter ntiN.A • and'Grantee Include etl/h id Instrument and their respective heirs.legal representatives,successors or 1.1" . { r Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a non-exclusive easement, license, and privilege for utility purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit"A"which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials, including, but not limited to, sewer lines and pipes, service and pump stations, and other equipment or improvements appurtenant thereto or there under, for the purpose of constructing, operating, and OR 5435 PG 3551 maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. WITNE S: .\,, ' --L t FON PROFESSIONAL CENTER, Witness#1(Signature) 2, i" L.L. ,F0t t' limited liability company h/Ldlf N, Mrt+cFti / _ Printed Name of Witness#1 c• '....___ _'J" _, Y \___4„642\ —\\\ — r—�-r 4N, ( ( B : TaylorIts rnager Sss#2( nature) tl , �,rl ` 4 )i,, I /� ..',...-. ..._..._/ d ., t_t___, I 1,..l /t f A4BR2/50/✓ t ti Printed Name of witness#2 t�� �!T I I.� \rf� ----------TA-1) _ J \ -Ifs, Ilk�ti-- STATE OF FLORIDA - COUNTY OF COLLIER n fb The foregoing Utility Easement was acknowledged before me this o`7 day of fit{/1 G(51' , 2017 by Thomas M. Taylor, as Manager on behalf of Livingston Profeesional Center, L,L.C., a Florida limited liability company, who is personally known t9 me or who has produced as identification. WITNESS my hand and official seal this pe day of f11451.157— , 2017. (affix notarial seal) (S nature f Notary Public) d !%g„ RORt MORRISON AR, W /2 f5lj�t'J 4, MYCOMMISSION#GG006166' (Print Name of Notary Public) ,%.,1: EXPIRES:August4,2020 NOTARY PUBLIC 1 4,r,firbp Bonded MN Now/Pubiie Urden niters Serial/Commission#:(if any) GG 00(p/to(p My Commission Expires: 814/2v : I OR 5435 PG 3552 41101(tt j:f4titu........, LOCK UP—TAYLOR JV LLC, ✓ a Delaware limited liability company By:A& R Management, Inc., Witness#1 Ignature) an Illinois co ••v tion, Its Manager LY 4" (C& F: - ,Citi/C ./ 4POP Printed Name of Witness#1 By: / / Na e: —ei tii:ir1Se `!- ra Title: ' Witness#2 ,"`- "__•�` GESS H 04G L J..ID /N --- 'ill,,`,� Panted Name of Witness#2 /• ,i---\ STATE OF ILLINOIS / COUNTY OF COOK II i I \ i T-1- • -.•ing Utility"Eiiz- *.I;•wl e blizifor me this day of •'Atll1111111111 of & •t Management, Inc., a . ois corporation, a T -n�g: ' eialf of Lock Up—Taylor JV LLC, a Delaware limited'. ' company, wh• known t. .1- or who has produced entcation. / WITNESS my hand and officialSeaF�t�tjs of i 1�. ,2017. \ / / (affix notarial seal) I. A��,1 6E4IGIAL SEAL .1141. (Si'• Of '• c) JUDY ANN RIGHTER NOTARY PUBLIC,STATE OF ILLINOIS (Print Name •f Notary Pu•1ic) My Commission Expires Sep 20,2020 NOTARY PUBLIC Serial/Commission#:(if any) j My Commission Expires: .11,9612z) Approved as to form and legality: Jennife f3eipedio, s istant County Attorney cb� OR 5435 PG 3553 EX1 B''' '' 'I .. D£SCRIPTIOil Page I._Or_ •� PARCEL OF LAND SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLUER COUNTY, FLORIDA A TRACT OR PARCEL OF LAND LYING IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHEAST CORNER OF THE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE WEST RIGHT-OF-WAY OF UVINGSTON ROAD, THENCE 5.00'14'36"E. ALONG SAID WEST RICHT-OF-WAY, A DISTANCE OFI 55.50 FEET; THENCE I4,89'22'52"W. DEPARTING SAID RIGHT-OF-WAY, A DISTANCE OF 5.00 FEET; THENCE N.0014'36"W., A DISTANCE OF 55.50 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID DESCRIBED LANDS; THENCE 5.89'22'52'E. ALONG SAID NORTH UNE, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. P.O.B. wrE Of air Av 1HEAEAST COPIER pF Dr 1-[F "(r J,�/(1 w a�FxTu RCGTa'PD5 9OCMf `1' FJ `I -'S. \ CwVT),$Q A g :'11�'--- Rf REST -raj AND _�_ :9 '52"E 5.00' R _,T`'t i — iv i I [(711(1 ) . i P \ * i ) :4 C. "" J'ARG>r1 No. S 4001 t w .. umaf ray Pao ti.c) /0731 2, ... I i (INTENDED Divvy sCUE. It-40'] 1��._..-�E--- )489'22'52'W 5.00' Z B •\.,,; ,1.E c l i`. ---- KESr RICRT-Cf-WAY O (may) P �+ ..-A Z I-- NOT A SURVEY r..I HEREBY CERTIFY, TO THE BEST or MY KNOWLEDGE AND BELIEF, THAT THE LEGAL DESCRIPTION AND ATTACHED SKETCH WERE PREPARED 14 ACCORDANCE WITH THE APPLICABLE PROVISIONS OF CHAPTER 5.:-1705. FLORIDA ADMINISTRATIVE CODE, PURSLUANT t, TO CHAPTER 472. FLORIDA STATUTES. NOTES: I. BEARINGS SHOWN HEREON ARE BASED ON THE WEST Q BARRY M L YREN (FOR FIR .B. 641)—_._._ RICHT-OF-WAY OF LMNGSTON ROAD, WHEREIN SAID WEST g PROFESSIONAL SURVEYOR AND MAPPER RIGHT-OF-WAY BEARS 5.00'14'361. i FLORIDA CERTIFICATE NO. S365 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO ,y �G 11 ZONING DR DEVELOPMENT RESTRICTIONS ON THE SUBJECT DATE SIGNED: 41 JZ PARCEL. "+y 3. PARCEL CONTAINS 278 SQUARE FEET (0.006 ACRES) MORE OR i- NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL LESS. ` RAISED SEAL OF A FLORtca LICENSED SURVEYOR 4. P.0.8. a POINT OF BEGINNING AND MAPPER. 5. ORB - OFFICIAL RECORDS ROOK 6 PC 4 PACE ,,awsoN ErrcwEEmnG, INC. SKETCH TO ACCOMPANY DESCRIPTION 9 1 + , a w \,' , 2 STANFORD 3C 411 SECTION 13,TOWNSHIP 49 SOUTH,RANGE 25 EAST \ F ,1220 14-e� COLLIER COUNTY,FLORIDA ENGINEERING E.B. /642 . LB- }642 640-15-17 tt 4 I{6[ }9_Jy j""1'.40 r;` , OR 5435 PG 3554 N MATCHLINE'SHEET 2 i EXH z83IT , I{ of h1 ENm Tl: 1 I o so (INTENDED DISPLAY SCALE:I'.6O) w w N Tn (e N N PARCEL Na 00258974001 UVINCSTON PRO CENTER UC z LO (ORB 4105. Pc Jos) al z z �L - c �. , . pCD N.' `ice ARING . DISTANCE Cr) s L. m��s"w 1 50.98' ati9�R a , I ra tXEST R1AY7-01r-WAYIt FIL ) IT (BASIS Of BEARANCS) i� Itt�� N ''. ' 1 63 t• 1 N �1i VJ -5 Z u3ir:-..........___ _ 944"E 202.26' �o to 11 L, > k'5 191.26' 7—$IN 15 PARCEL No. 5?73100302) _-" """ -' NO0"12'03"E 7.50' 8 K(NSNGJOV PARK MSIR ASSN INC S89'51'1 4"W 15.00' Ow Do. Pc 2824) S89'51'14"W 25.97' ZTR 8 NOT A SURVEY P.O.B. iI HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE INJfRSECl1aV or TNF SOUTHEAST CORNER 0' TRE AND BELIEF, THAT THE LEGAL DESCRIPTION AND LANDS DESCRIBED K✓dTKfAL RECORDS ROOK • ATTACHED SKETCH WERE PREPARED IN ACCORDANCE 4708 PAGE? COLI R COUNT?:FlQADA s WITH THE APPLICABLE PROVISIONS OF CHAPTER ARD 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANTI THE M(SJ RIQ41-0E-Wt> Or u14NGs1EW RD 8 TO CHAPTER 472. FLORIDA STATUTES. I , NOTES: I. BEARINGS SHOWN HEREON ARE BASED ON THE WEST P,+ -- --- RIGHT-OF-WAY OF LMNGSTON ROAD, WHEREIN SAID WEST PROOFESSIONALRRY . EN SURFVEYOR'ANDOR HE RMAPPER64+, 2. THIS RIGHT SKETCHY BOE SS S NOTO MAKE~ANY REPRESENTATION AS TO R FLORIDA CERTIFICATE NO. 5355 ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL DATE SIGNED: _ 'J 4.4_7,(4 i _ 3. PARCEL CONTAINS 32.952 SQUARE FEET (0.76 ACRES) MORE OR LESS. NOT VALID WITHOUT THE SIGNATURE AND O,i::CiNAL 4. P.O.B. = POINT OF BEGINNING RAISED SEAL OF A FLORIDA LICENSED SURVEYOR 5. ORB = OFFICIAL RECORDS BOOK , AND MAPPER. 6. PG = PAGE 7. NOT VALID WITHOUT SHEETS 1 THROUGH 4 OF 4. ``)(I JO2560 HNSON FLORIDA INC. INC. SKETCH TO ACCOMPANY DESCRIPTION � �� 1`� PHONCOURT E 1yg 4y 31112 SECTION 13,TOWNSHIP 49 SOUTH, ER ORI GE 25 EAST ENGINEERING (8, #6428A3 B. /6412 °A� ,�17 [010 �°,�rt.c.o 25 Jsc., Toy . _ ._.. OR 5435 PG 3555 m--- ** ' ' ' kallekLiNrgrErri kl EX HT "M' _ ..... __ _ 0 15 30 60 nTS .IiM !!!, 00E140E0 DISPLAY SCALE 1..401 a - •*---," , ----- gi •8'.k.iiR C,00,--iv-„ = / PARC No 5817974001 i 1 ---°c4.1—\ ,^ I tivwcs• PRO 4ER LLC (949 4 ‘, 2035) 4 I 1 , 1 . ----\--/-t-- 0 .. 1 E--. * 1 j 3 1 r,, R \T-:" ' 4 V.,-,-,, k," 111''--)'1 - \1 ..01 i- (0, , ....- \ -,,,,,:c/ oi FIE 0.9‘‘.. ' ......_— S R f.. , ik I A I i i R -51 t I MATCHyNi$11EET.:1 *NOT VALID WITHOUT SHEETS 1 THROUGH 4 OF 4. SKETCH TO ACCOMPANY DESCRIPTION J ( )1. IN N.-)(.. • , , I)N JorzoszzgRMRTC NAPLES. FLORIDA 34112 SECTION 13,TOWNSHIP 49 SOUTH.RANGE 25 EAST COWER COUNTY.FLORIDA PHONE. (239) 434-0333 rAx (239) 334-3661 NO.ittrAix ENGINEERING E B #642 81 L.B. #642 OATE Alain NO 04-13-17 1 20149700-105l 13-49-2.5 116O' rr 2 Or 4 OR 5435 PG 3556 S89'22452°E 22.42' if i- , ..c>"; 'C.' 4-43 N-S00°3T08"W 5.56' • olx ciony- .- Ir�`�1Ft .__ 15 30 60 (INTENDED DISPLAY SCALE: Ile 6O') . I(7: (-)) I \ 11 r^I r--r z � � � 0 Y ,.L k an „I H I 4 ti ra L �r $ I ',.LLC C,, tt \� l O f-' 4107 !1!',1 .) C- a \ ' M V 4 Z N .. 8 O Z T.1 i t i 0 R I 1 MATCHLINE SHEET 2 'NOT VALID W11 HOW SHEETS 1 THROUGH 4 OF 4. t / N , 7 // JOHNSON ENGNE(RING, iNC. SKETCH TO ACCOMPANY DESCRIPTION 1 - L q �� 23 STANFORD churn SECTION 13.TOWNSHIP 49 SOUTH,RANGE 25 EAST 1` NAPLES. fL,N.ORLDA JG112 PHONE; (238) 434-0333 COLLIER COUNTY,FLORIDA ENGINEERING 1528) J61 DATE Cr MQ Ina WALL 1 E.B. /642 a L.B.l.B. }842 C4-13-17 20149700-103 13-49-25 f 1'..6O' r3 Of 4 *** OR 5435 PG 3557 *** • C DESCRIPTION I A S E t_` ;,~.gam... PARCEL OF LAND SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST "y�'" "� COLLIER COUNTY, FLORIDA A TRACT OR PARCEL OF LAND LYING IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHEAST CORNER OF THE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE WEST RIGHT-OF-WAY OF LIVINGSTON ROAD, THENCE S.89'5114"W. ALONG THE SOUTH LINE OF SAID DESCRIBED LANDS, A DISTANCE OF 25.97 FEET; THENCE N.00'12'03"E. DEPARTING SAID SOUTH LINE, A DISTANCE OF 7.50 FEET, THENCE 5.89'51'14"W., A DISTANCE OF 191.26 FEET; THENCE N.00'25'57"W., A DISTANCE OF 93.70 FEET; THENCE 5.44'39'29"W., A DISTANCE OF 50.98 FEET; THENCE S.00'08'46"E., A DISTANCE OF 65.03 FEET TO AN INTERSECTION WITH SAID SOUTH LINE OF SAID DESCRIBED LANDS; THENCE S.89'51'14"W, ALONG SAID SOUTH LINE, A DISTANCE OF 15.00 FEET; THENCE N.00'O8'46"W. DEPARTING SAID SOUTH LINE, A DISTANCE OF 71.21 FEET; THENCE N.44'39.291., A DISTANCE OF 65.0.6-F T"zMENCE N.00'25'S7"W., A DISTANCE OF 1,214.92 FEET; THENCE N.4 ' I OF 91.57 FEET TO AN INTERSECTION WITH THE T . Of- 1 CRIBED LANDS; THENCE S.89'22'52"E. ALONG SAS LINE. A DIST +F' . 22.42 FEET; THENCE A S.00'37'08"w DEPARTIN Vg1 NORTH LINE, A DISTA • • 5.56 FEET; THENCE 5.44'34'03"W., A DIST CE F__9&85_FEET; THENCE 5.04'25'5 "E., A DISTANCE OF 1,301.60 FEET; THE CE .8, ' 4"E', -A--BIS`• CE • 20'.26 FEET TO AN INTERSECTION WITH AID ST RIC OE- AY LIN. OF LI GS ROAD; THENCE R 5.00'08'46"E. ALON[6 SA!1j .; .• T 0 THE POINT OF BEGINNING. ' CONTAINING 32,952 �i7� E E OR`0)76 I M•' IR W. 3 BEARINGS SHOWN H ARE BASED ON THE ST RIGHT 7 AY OF LIVINGSTON ROAD, WHEREIN SAID vt IGHT-OF-WAY BEARS N 08' 6"W n,"; `` 1 ( .o f.. v g I R I i I S R RI I 'NOT VALID WITHOUT SHEETS 1 THROUGH 4 OF 4. ( '; JOHNSON ENGINEERING. INC. i 0I 1 �i (.�\ 2350 sIAWORO COURT DESCRIPTION N `. PHONE: (239)n. 1434-0333 ENGINEERING E8/042AL9.1642 °AW fox& a rt Na ' E 04--13-17 20149700-1051 13-49-25 N/A I OF 4 4 9r9y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239) 252-6358 INSUBSTANTIAL CHANGE TOA PUD (PDI) LDC subsection 10.02.13E& ode of Laws section 2-83 -Ch 3-GA the'Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change.A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): Livingston Professional Center, LLC Address: 719 Hickory Road City: Naples State: FL ZIP: 34108 Telephone: 239-254-2000 Cell: N/A Fax: 239-254-20199 E-Mail Address: tomtaylor@hmeng.com Name of Agent: Robert J. Mulhere, FAICP, Vice President, Planning Services Folio#:00258974001Section: 13 Twp: 49S Range: 25E Firm: Hole Montes, Inc. Address: 950 Encore Way City: Naples State: FL ZIP: 34110 Telephone: Fax:Cell: N/A Fax: 239-254-2099 E-Mail Address: bobmulhere@hmeng.com 02/24/2017 Page 1 of 5 S&9y 0 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DISCLOSURE OF INTEREST INFORMATION _ Is the applicant the owner of the subject property? ❑✓ Yes ❑No ❑ 1. If applicant is a land trust, so indicate and name the beneficiaries below. ❑ 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. Q 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ❑ 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ❑ 5. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. ❑ 6. If applicant is a contract purchaser,attach copy of contract, and indicate actual owner(s) name and address below: (If space is inadequate, attach on separate page) Thomas M.Taylor,Managing Member DETAIL OF REQUEST ;`: _ - On a separate sheet, attached to the application,describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC j subsection 10.02.13 E.1. i I PROPERTY INFORMATION PUD NAME: Hiwasse PUD ORDINANCE NUMBER: 08-34 FOLIO NUMBER(S): 00258974001 I Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. 1 p 1 Does amendment comply with the Growth Management Plan? Q Yes . ❑No I 0 1 02/24/2017 Page 2 of 5 I Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 If no, please explain: Has a public hearing been held on this property within the last year? ❑Yes ✓0 No If yes, in whose name? Has any portion of the PUD been El SOLD and/or❑ DEVELOPED? Are any changes proposed for the area sold and/or developed? nYes Q No If yes, please describe on an attached separate sheet. ?ti 1;. 02/24/2017 Page 3 of 5 6 Co er County ...0 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 .Pre Application Meeting and Final Submittal'Requirement Checklist for PUD Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW Q•F REQUIRED NOT • .. COPIES. REQUIRED Completed Application (download current form from County website) 16 ❑ ❑ Pre-Application Meeting notes 1 ❑ 0 Project Narrative, including a detailed description of proposed changes 16 ® ❑ and why amendment is necessary Detail of request ❑ ED ❑ Current Master Plan& 1 Reduced Copy ❑ ❑ El Revised Master Plan & 1 Reduced Copy ❑ © ❑ Revised Text and any exhibits ❑ 0 n PUD document with changes crossed through&underlined ❑ 0 ❑ 41 PUD document as revised with amended Title Page with Ordinance# ❑ ❑ ril Warranty Deed ❑ 0 ❑ Legal Description ❑ 0 ❑ 1 Boundary survey, if boundary of original PUD is amended ❑ ❑ ❑ If PUD is platted, include plat book pages ❑ ❑ El List identifying Owner&all parties of corporation . 2 Fl ❑ _Affidavit of Authorization,signed& notarized 2 0 ❑ Completed Addressing Checklist 1 0 ❑ Copy of 8/2 in.x 11 in.graphic location map of site 1 0 ❑ f Electronic copy of all documents and plans *Please advise;The Office of the Hearing Examiner requires all materials ❑ X❑ ❑ to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing,include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: s • Following the completion of the review process by County Review staff,the applicant shall submit i all materials electronically to the designated project manager. I 1 • Please contact the project manager to confirm the number of additional copies required. : 1 0/11 02/24/2017 Page 4 of 5 k I cofrer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.coiliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District(Residential Components):Amy ❑ Bayshore/Gateway Triangle Redevelopment: Lockheart Executive Director ❑ Utilities Engineering:Eric Fey 0 Parks and Recreation:Vicky Ahmad ❑ Emergency Management:Dan Summers 0 Naples Airport Authority:Ted Soliday ❑ Conservancy of SWFL:Nichole Ryan ❑ Other: _ 77 City of Naples:Robin Singer,Planning Director ❑ Other: FEE REQUIREMENTS IZ PUD Amendment Insubstantial(PDI):$1,500.00 0 Pre-Application Meeting:$500.00 ❑✓ Estimated Legal Advertising fee for the Office of the Hearing Examiner:$1,125.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing,and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to include all necessary submittal information may result in the delay of processing this petition. • All checks payable to:Board of County Commissioners. The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 Agent/Owner Signature Date - t Robert J. Mulhere, FAICP, VP Applicant/Owner Name(please print) ( 02/24/2017 Page 5 of 5 a AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) HIWASSE PCI THOMAS M.TAYLOR (print name),as MANAGING MEMBER (title, if applicable) of LIVINSTON PROFESSIONAL CENTER,LLC (company, If ap licable),swear or affirm s under oath,that I am the(choose one)ownerapplicant contract purchasernand that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize ROBERT J.MULHERE,FAICP,VICE PRESIDENT/HOLE MONTES,INC. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp.pres. or v.pres. • If the applicant is a Limited Liability Company(L.L.C.) or Limited Company(L.C.), then the documents should typically be signed by the Company's"Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner'of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words"as trustee" • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. SI nature ( 9 Date THOMAS M. TAYLOR, MANAGING MEMBER LIVINGSTON PROFESSIONAL CENTER, LLC STATE OF FLORIDA COUNTY OF COLLIER (date) b The foregoing instrument was sworn to(or affirmed) and subscribed before me on ?//0/60(1y (name of person providing oath or affirmation), as 11101/14&V) U. t0(71(17 who is personally known to me or who has produced (type of identification')as identification. "''nnii�{{ YY 'A,. 1{(/(� pp vV iGVi 1 Wt�Y�t STAMP/SEAL Signatu a of Notary Public ""'try STEPHANIE KAROL i'> Notary Public•Stats of Florida " • Commission I FF 939910 a My Comm.babas Mar 9,2020 I v 4';'-i Bonded Mrauat!Mond Nalry Assn. 0 — - - - - -Mama.I- -- is ', CP\08-COA-00115\155 REV 3/24/14 Narrative and Justification for Deviations Overview: During design of proposed development in the Hiwasse PUD it was discovered that there is an existing County-owned 8-inch forcemain located on the subject property as much as 20± feet from Livingston Road.This forcemain was installed without obtaining an easement from the property owner. Development plans for two projects have been submitted to Collier. The first, Lock-Up Storage (PL- 20170001705), which is located on the northern portion of the Hiwasse PUD, has been approved. However, after SDP approval, design revisions were required to address an issue related to the requirement for measuring the front yard setback from a 5-foot wide easement required for compensating right-of-way along Livingston Road. Rather than wait the several months (6-7) necessary to determine and complete the process to address this issue, the developer of Lock-Up Storage, decided that he would re-design the site such that it could then move forward with the approval without delay. The impact on the second proposed development,Naples Motor Condos at Hiwasse (PL-20160002025), which covers the southern portion of the PUD, is significantly greater and cannot be easily resolved by a simple redesign. The issues/impacts are as follows: 1. Providing the County with a permanent easement for the 8-inch forcemain, in its present location, is not an option.It would have significant impacts on the development and would result in redesign and loss of development area at a substantial cost to the developer(s). Without relief from several PUD and SDP requirements, such redesign would necessitate smaller buildings which would result in significant cost and reduction in the anticipated return. This reduced value is estimated to exceed one million dollars. 2. Relocating the easement requires the developer to grant the following: a. A temporary easement to the County for the existing 8-inch forcemain encroaching on the property along the Livingston Road frontage. b. A 15-foot wide easement located adjacent to Eatonwood Lane to provide for connection to the relocated 8-inch forcemain. c. A 20-foot wide easement within the FPL easement to accommodate both the relocation of the existing 8-inch forcemain encroaching on the property along the Livingston Road frontage, and a new 24-inch forcemain necessary to connect the North and South Regional Water Reclamation Facilities. • 3. The County would, under any normal circumstances, pay the developer fair market value for such easements. 4. The easements, in the locations required,create several design problems for the developer, as does the requirement to measure the Livingston Road setback from a 12-foot wide compensating right-of-way easement adjacent to a turn lane that provides no benefit to Hiwasse PUD on a six lane arterial roadway that is not going to be widened to 8 lanes.These include: Page 1 of 5 H:\2001\2001076\WP\PDI\Initial\Narrative and Justification for Deviations(7-12-2017).docx a. This turn lane easement was granted by a previous owner to allow for a turn lane to Eatonwood Lane, which provides access to the Kensington Development. It should be noted that the Hiwasse does not have access to Eatonwood and therefore does not receive any benefit from the turn lane, but is significantly impacted by: (1) the requirement to measure the setback from the compensating right-of-way easement adjacent to the turn lane; and (2) the requirement to take stormwater runoff from Eatonwood and treat it within the project's stormwater plan. b. The proposed relocation of the County's 8-inch forcemain from its present location (on Hiwasse property without an easement 20± feet in from the property line along Livingston Road) to a proposed 20-foot wide easement that will be located within the FPL easement requires a 15-foot wide easement to run parallel with Eatonwood Lane to connect the existing forcemain to the proposed relocated forcemain in the FPL easement. The dimension between the proposed southernmost buildings in Hiwasse and the south property line is equal to the required 24 foot setback. Within this 24-foot setback, in addition to the proposed 15-foot wide County utility easement, there is also an existing 5-foot FPL Easement running immediately adjacent to the south property line. The result is that 20 of the 24 feet between the southernmost buildings and the property line is, or will be, encumbered by easements. This leaves no room for the required 10-foot wide landscape buffer and the required 10-foot wide easement to allow connection to the proposed bike path/sidewalk easement along the existing FPL service road. In order to ensure that the developer and Collier County are able to address these impacts in an agreed to manner and with the lowest financial/cost impact to both, relief is required from certain PUD and LDC provisions. After several meetings with Growth Management staff and the County attorney's office it was determined most of the County's and the Developer's needs could be addressed via a Developer Agreement but that the setback issue related to the compensating right-of-way could only be addressed via an insubstantial change to the PUD. Obviously then, all issues are addressed in the singular PDI process. Since time is of the essence for the County and the Developer, County staff(Growth Management, Public Utility, and Transportation Engineering) has indicated that they will expedite the review of the PDI application and necessary easement exhibits and agreements. The proposed changes qualify as Insubstantial Changes to the PUD per LDC Section 10.02.13 E.1., in that they do not include any of the following: • A change the boundary of the PUD; or • An increase to the intensity of lands uses or building heights;or • A decrease preservation area; or • A relocation of or change to allowed land uses;or • An increase in traffic generation,change traffic circulation, or impact other public facilities;or • An increase storm water discharges; or • A change that would be incompatible with surrounding land uses; propose a modification inconsistent with the Growth Management Plan. The PUD is not part of a DRI. Page 2 of 5 H:\2001\2001076\WP\PDJ\Initial\Narrative and Justification for Deviations(7-12-2017).docx • d The substantive PUD. changes (excluding removal of specific citations throughout the document), including two new deviations,are as follows: 4.14 LANDSCAPING • 1 landscaping shall be in accordance with the requirements of the Collier County Land Develo s• ent Co. -,or as otherwise provide for in this PUD.14ewever-TaAn enhanced Type"B"buffer will be , ovided alon_ he western edge of the FPL Easement Area subject to FPL approval. A cross-se on of the enhance. buffer area is provided on exhibit "C": Landscape View and Detail. At the, ime of SDP approval, . etter shall be provided from FPL, stating that the enhanced "B"Buffer are- meets with their approval. An hanced Type B landscaped buffer shall be provide along Livingsto oad for the indoor self-storage but ing constructed in excess of 150 feet in length in a north-south • rection as provided in Paragraph 4.17. . These enhancements shall include trees placed on 204.4t centers with a double staggered row of p. ' trees or similar tree types approved by County Pla mg Staff, 12 and 16 feet in height, to be planted , 'thin the 25-foot wide combined buffer and fou j ation planting area for the length of the building. ( , - also Section 4.17) �� 5.5 Development Standards P Q4 C. Minimum yard requireme : tt/ 1. Front Yard: 25 feet - 01. 4P Livingston Road-25 feet, .sured fro 4 e property line,exclusive of any easements. V 4113� I Eatonwood Lane—24 feet,mea ed ' omthe property line. 6.2 Transportation Requirements ` The purpose of this section is o set fo the transportation commitments of the project development. G. The developer, or its ••ccessors in interest, sh. construct grant, at no cost to the County, an easement to allow . 10 for wide bike path/side .1k within the existing FPL easement upon request by the Cr nty. The location of the bike '.th/sidewalk shall be consistent with the alignment for .• County's proposed bike path/side ''lk system. The bike path/sidewalk shall be located thin the proposed 20-foot wide Coun tility easement. Construction of the bike pat .idewalk, as well as installation of any a .ociated landscaping, shall be the res sons'.Ili of the Count . .- . - • •-• - --. - - • . . . 6.3 Utili 'equirements The developer, or its successors in interest, shall grant, at no cost to •e County, a 20-foot wide easement within the FPL easement to accommodate both the reloc. 'on of the existing 8-inch forcemain encroaching on the property along the Livin•ston Road fr, 'to!e and a new 24-inch forcemain necessary to connect the North and South Regional Wa Reclamation Facilities. The County shall include necessary fittings and valve(s)to allow the'l evelo•er to connect to the relocated 8-inch forcemain. The Developer shall be responsible for . y cost to Page 3 of 5 H:\2001\2001076\WP\PDI\Initial\Narrative and Justification for Deviations(742-2017).docx make the connection to the existin• 8-inch forcemain should that occur .rior to ocation of 0 at forcemain- however should the Develo.er make the connectio o the existin• • cemain the Coun shall reimburse or credit the develo•er for the to connect to then ma - the connection to the relocated 8-inch forcemain. The Dev- ••er or its successors in inter- , shall 1 ant at no cost to the Coun a tem.ora -ment to the Coun for the existin• '-inch forcemain encroachin• on the .ro se a . • the Livin•ston Road fronta_e. The tem.o •A easement shall ex.ire after the forcem.• is relocated b the Coun D. The develo•er . 'ts successors in intere • . 1 I,ant at no cost to the Coun a 15-foot wide easement loca ,• ad'acent to Eaton .od Lane to irovide for connection to the relocated 8-inch forcemain.ThistrrrPrdude allowance for Coun construction of a 10-foot wide bike •ath/sidewalk to low nection to the •ro•osed 10-foot wide bike •ath/sidewalk easement within the existin• T easement as re.uired in Section 6.2.G.of this PUD. 7. DEVIATIONS 1. A deviation fro.- Section 4.06.02.C.4.—T s, I Bui er- which re•uires a 10 foot wide T pe "D" •-, .- - • •. .- • . .. i•!) bound: ad•acent to Eatonwood Lane to , :ive this •erimeter landsca.e buffer. -.. - .,.• -.!:.! .• . - . - -` - A deviation from Section 4.06.05.C. —Buildin' oundation .lantin.s w re.uires that all commercial buildin•s •rovide buildin• foundation •lantin•s located :•'acent to 0 buildin• entrance s .rim. fa ades and/or alon• fa ades facin• a street to : low the re•uired buildin 1 foundation •lantin•s to be to be located in landsca•e areas t • •hout the site. Justification: There is no room given that 20 feet of the 24 feet available between the south property and the proposed buildings is or will be encumbered by the existing 5-foot wide FPL easement and proposed 15-foot wide County utility easement. It is not appropriate to located plantings within the County's utility easement, and the remaining 4 feet adjacent to the buildings is necessary for access and for maintenance. The northern 15 feet of the Eatonwood Lane is developed with a mature buffer than includes a significant double hedgerow with canopy trees (see photos below). Nearly the entire right turn lane for Kensington's access to Eatonwood is located on Hiwasse property, without benefit to Hiwasse. Additionally, Hiwasse is treating stromwater from Eatonwood Lane, although Hiwasse has no access to Eatonwood. Considering these factors,and given the multitude of public needs within this 24 foot wide area in with the existing buffer below,the deviation is justified. Page 4 of 5 H:\2001\20010761WP\PDNnitial\Narrative and Justification for Deviations(7-12-2017).docx 1 . • • rr , r t ,fir 1 / e 1 . , V. ' i 'V` ' . 'i. illr , ,T " ' n ►1M!!"ii u - A 1 , . , .., - _ r - .:,:l.,....,7, ,,,-- --., •‘,..„ .......... ...,,, ... .f Add+Al,-114 ` . r ' ate= +: . � 7'J -- A ,. fI "i , rS . �t4 � r 9 r Page 5 of 5 H:\2001\20010761WP\PDI\Initial'Narrative and Justification for Deviations(7-12-2017).docx Glrrer coi.11ty 0 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 _ -- ADDRESSING CHECKLIST - Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ S• DPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) ❑ F• P(Final Plat ❑ S• NR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) ❑ P• SP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) 0 OTHER PDI LEGAL DESCRIPTION of subject property or properties (copy of lengthy description maybe attached) Section 13, Township 49S, Range 25E See Attached FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with, legal description if more than one) 00258974001 STREET ADDRESS or ADDRESSES(as applicable, if already assigned) • • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) CURRENT PROJECT NAME(if applicable) PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# ORD. NO. 08-34 "- , Co ier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: '❑ Email ❑ Fax ❑ Personally picked up Applicant Name: Robert J. Mulhere, FAICP, VP, /Stephanie Karol, Permitting Coordinator Phone: Email/Fax: Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 00258974001 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by:_ 1)6 4144 Date: 6/27/2017 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED .\i, 3901794 OR: 4105 PG: 2035 Tlmothy G. Heins,Esq. RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL Quarles&Brady LLP 09/14/2006 at 11:45AN DWIGHT I. BROCK, CLERK 1395 Panther Lane,#300 CONS 4000000.00 Naples, FL 34109 RIC FIE 27.00 DOC-.10 28000.00 a7,oO • Rata: X 000, e a — QUARLES k BRADY 1395 PANTHER LANE #300 NAPLES FL 34109 , (;) . _. WARRANTY DEED THIS DEED, is made on this ll dayof September, 2006 between HIWASSE, I -6— p INC., A FLORIDA CORPORATION (the "Grantor"), and LIVINGSTON PROFESSIONAL CENTER, L.L.C., A FLORIDA LIMITED LIABILITY COMPA Y-( x"" hose post office address is 481 Carica Road, Naples, FL 34108. �� IV, Grantor, in considerate of e-suImof TEN AND N 101 'OLLARS ($10.00)and other good and valuable considerati ns t• sa d-i to han aid by, ra ee,the receipt and sufficiency of which is hereby acknowle ged ..,...•••:44:. .9b. so : to tae said Grantee and Grantee's heirs,successors and assigns for: e th=fo • i.:. iii-. • • o.e ,situated, lying and being in Collier County,Florida,to i . E-{ SEE EXHIBIT `4° TTACHEDHE' ..-'0 A D `tORPORATED HEREIN BY ' `INCE Collier County Tax F. ''o 4 R se . e C 9�,6'08 _...---- SUBJECT SUBJECT TO: real estate taxes for the year 2006 and subsequent years; zoning, building code and other use restrictions imposed by governmental authority; restrictions, reservations and easements of i record common to the subdivision;provided,however,that no one of . them shall prevent use of the property for commercial purposes. And said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. This Instrument Prepared By Kenneth R.Johnson, Esq. S:Brandy Closings Goodlette,Coleman&Johnson,P.A. 41111 Hiwasse st Livingston Professional Center 4001 Tamiami Trail North,Suite 300 Warranty Deed Naples,FL 34103 (Page 1 of2) OR: 4105 PG: 2036 IN WITNESS WHEREOF, the undersigned Grantor has,duly executed and delivered this instrument on the day and year first above written. Signed, Sealed and delivered HIWASSE,INC., in the Presence of A FLORIDA CORPORATION I � 1 Print Name: ttr ao JE' ' 'Y ' ANGAN, P' DENT We/ . 1# 1 � Print Nan I. ►„4 $ I , - �- 1 t • Vat CO( STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING I 'UMENT.09e acleq ge3it ore me on this 1` day of September,2006 by JEFFREY GAN, &hip is p: o wn to me, D or who produced his driver's license as•identifica President and o • of HIWASSE, INC., A FLORIDA CORPORATION. 1-R� E CI_ J • a q41 '•tart'Public � Print Name: �;,C0( it i ` a7ia<' State of Florida at Large My Commission Expires: (Notary Seal) Nobly Prllc-stab d Owiled Missal • Asa S:\Brandy Closings Hiwasse si Livingston Professional Center Warranty Deed (Page 2 of2) iii • *** OR: 4105 PG: 2037 *** D EXHIBIT"A"-LEGAL DESCRIPTION OF THE PROPERTY A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 13,TOWNSHIP 49 SOUTH, RANGE 25 EAST,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: • COMMENCE AT THE NORTHEAST CORNER OF SECTION 13,TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA;THENCE RUN S.00°15'37"E.,ALONG THE EAST•LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1319.79 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.89°23'53"W. ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13,FOR A DISTANCE OF 120.01 FEET TO A POINT 120.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.00°15'37"E., PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1321.49 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.00°09'47"E., PARALLEL WITH TI4 HE SOUTHEAST QUARTER OF SAID SECTION 13,FOR A DIS C i�. '3:68 f• THE MOST NORTHEASTERLY CORNER OF EATONWOO ' I ,A 130.00 FOO • OF-WAY,AS THE SAME IS SHOWN ON THE PLAT OF// 5N lNGTON PARK PHAS RE -B ACCORDING TO THE PLAT THEREOF RECO•DE IM1I-P R Off_ OK 28 TE RU. S. 50'13 W ALONG THE HE LIC RECORDS OF COLLIE'CO N BOUNDARY OF SAID E • - • • ' T- • •%-B, ORA DISTANCE OF 3 390.00 FEET; THEN E 1U I� t0°19•.• .,11•L , c OUNDARY OF SAID KENSINGTON PARK •HA'. HR:E- , O ' c IS-TA C O r73 36 FEET TOA POINT ON THE SOUTH LINE 0I T ►o •H a •'•RTE' •s S' D' ECTION 13;THENCE . RUN N.00°15'37"W., AL. • THE BOUNDARY • SAI• Kt :'S GTON PARK PHASE THREE-B, FOR A DIS ' 1• OF 1150.79 FEE '1•-• H 7 •ST NORTHEASTERLY CORNER OF SAID KE TON PARK PHA ., • ` :; THENCE CONTINUE N.00°15'37"W., ALONG i -,OUNDARY OF K I c ON PARK PHASE 3A ACCORDING TO THE PLA •- • RECORD • I .l'T BOOK 26 AT PAGES 51 AND 52 OF THE PUBLIC RECO•.1,S p`,..A. ..N,41‘ ' ,FLORIDA,FORA DISTANCE 44405OF 176.24 FEET TO A POINT ON ' � - E'OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13;THENCE RUN S.89°23'53"E., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13,FOR A DISTANCE OF 390.05 FEET TO THE POINT OF BEGINNING. 9/11/2006 - Thomas Murphy S:\Brandy Closings0 Hiwasse st Livingston Professional Center Warranty Deed (Page 3 of 2) / �\�°'1'r'lllll°��"� ORANGE BLOSSOM DRIVE ilini I III p lip i��. 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AII ► ... .rte, ♦ __ -_ bril _Irl. „:.' 1111111111111111 I lirl ttl: GOLDEN GATE PARKWAY����o� ,, _ n 1 1 11i1II111111II1IIIIIIII'lbki '1_Ord LOCATION MAP 1 .,,,iiiiiii, 950 Encore Way luciviNaples,FL.34110 Phone:(239)254-2000 v HOLE MONTES Florida Certificate of ENGINEERS PLANNERSSURVEYORS Authorization No.1772 SCALE: 1” = 3000' WitiV9 a JUL it 111 ORDINANCE NO. 08- 34 wftegiall" -T-a AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, it ;„ AMENDING ORDINANCE NUMBER 04-75, THE HIWASSE ; _• PLANNED UNIT DEVELOPMENT (PUD), BY PROVIDING FOR: SECTION I,AMENDMENTS TO COVER PAGE; SECTION II, AMENDMENTS TO TABLE OF CONTENTS/EXHIBITS PAGE; SECTION III, AMENDMENT TO PROPERTY OWNERSHIP-SECTION; SECTION IV, AMENDMENTS TO LANDSCAPING SECTION; SECTION V, AMENDMENTS TO ARCHITECTURAL AND SITE DESIGN STANDARDS SECTION; SECTION VI, AMENDMENTS TO DEVELOPMENT STANDARDS SECTION; SECTION VII, AMENDMENTS TO TRANSPORTATION REQUIREMENTS SECTION; SECTION VIII, AMENDMENTS TO WATER MANAGEMENT REQUIREMENTS SECTION; SECTION IX, AMENDMENT ADDING A DEVIATIONS SECTION; SECTION X, AMENDMENT TO REMOVE ALL SPECIFIC CITATIONS TO • THE LAND DEVELOPMENT CODE FROM THE PUD DOCUMENT TO LEAVE ONLY THE GENERAL CITATION TO THE LAND DEVELOPMENT CODE; SECTION XI, • AMENDMENTS TO EXHIBIT A, THE PUD MASTER PLAN; • SECTION XII,AMENDMENT TO EXHIBIT C,CROSS SECTION • STUDY ALSO REFERRED TO AS LANDSCAPE DETAIL AND VIEW ELEVATION; SECTION XII, AMENDMENT ADDING EXHIBIT D, ENTITLED "ARCHITECTURAL SCHEMATIC"; AND SECTION XIV,EFFECTIVE DATE. WHEREAS, on November 16, 2004, the Board of County Commissioners approved Ordinance Number 04-75, which established the Hiwasse Planned Unit Development (PUD) Zoning District; and WHEREAS,Livingston Professional Center, LLC, represented by Robert L. Duane, AICP, of Hole Montes, Inc., petitioned the Board of County Commissioners to amend the Hiwasse • Planned Unit Development(Ordinance Number 04-75). Page 1 of 8 Words underlined are additions; words stru^ rough are deletions. Revised 7/1/08 WW1- NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: • • • SECTION I: AMENDMENTS TO COVER PAGE OF ORDINANCE NUMBER 04-75, •• THE HIWASSE PUD The Cover Page, previously attached to this Ordinance as Exhibit "A" to Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to read as follows: HIWASSE A Planned Unit Development PREPARED BY: ROBERT L.DUANE,A.LC.P. RICHARD YOVANOVICH,ESQ. HOLE MONTES, INC. GOODMAN, COLEMAN&JOHNSON 950 ENCORE WAY 4001 TAMIAMI TRAIL N.,STE. 300 NAPLES,FLORIDA 34110 NAPLES,FLORIDA 34103 HM Project 2001076 NOVEMBER,2002 REVISED JUNE 2008 Date Reviewed by CCPC: Date Approved by BCC: ne 241200$ Ordinance No. s- Amendments &Repeals 84,-7s EXHIBIT"A" SECTION II: AMENDMENTS TO TABLE OF CONTENTS/EXHIBITS PAGE OF ORDINANCE NUMBER 04-75,THE HIWASSE PUD The Table of Contents/Exhibits Page of Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to read as follows: Page 2 of 8 "77yt0- TABLE OF CONTENTS Page SECTION I Statement of Compliance 3 SECTION II Property Ownership, Legal Description,Short Title and Statement of Unified Control.. 4 SECTION III Statement of Intent and Project Description 5 SECTION IV General Development Regulations 6 SECTION V Permitted Uses and Dimensional Standards for Commercial Development 13 SECTION VI Development Commitments 15 EXHIBITS Exhibit A-PUD Master Plan Exhibit B -Legal Description Exhibit C-Landscape Detail and&View Elevation/Cross Section Study Exhibit D--Architectural Schematic SECTION III: AMENDMENT TO PROPERTY OWNERSHIP SECTION OF ORDINANCE NUMBER 04-75,THE HIWASSE PUD Section 2.1, entitled"Property Ownership"of Ordinance Number 04-75,the Hiwasse PUD, is hereby amended to read as follows: 2.1 PROPERTY OWNERSHIP The property is owned by Livingston Professional Center, LLC. SECTION IV: AMENDMENTS TO LANDSCAPING SECTION OF ORDINANCE NUMBER 04-75,THE HIWASSE PUD 41) Page 3 of 8 Words underlined are additions; words struck through are deletions. Revised 7/1/08 77"14` Section 4.14, entitled "Landscaping" of Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to read as follows: 4.14 LANDSCAPING • All landscaping shall be in accordance with the requirements of Division 2.1 of the Collier County Land Development Code. However, an enhanced Type "B" buffer will be provided along the eastern western edge of the FPL Easement Area subject to their FPL approval. A cross:section of the enhanced buffer area is provided on Exhibit C: Landscape View and Detail. At the time of SDP approval, a letter shall be provided from FL-12 FPL, stating that the enhanced "B" Buffer area meets with their approval.: An enhanced Type B landscaped buffer shall be provided along_Livingston Road for the indoor self-storage building constructed in excess of 150 feet in length in a north-south direction as provided in Paragraph 4.17.0. These enhancements shall include trees placed on 20-foot centers with a double staggered row of palm trees or similar tree types approved by County Planning Staff, 12 and 16 feet in height, to be planted within the 25-foot wide combined buffer and foundation planting area for the full length of the building.. (See also Section 4.17.) SECTION V: AMENDMENTS TO ARCHITECTURAL AND SITE DESIGN STANDARDS SECTION OF ORDINANCE NUMBER 04-75, THE HIWASSE PUD Section 4.17 entitled, "Architectural and Site Design Standards" of Ordinance Number 04- 75, the Hiwasse PUD, is hereby amended to read as follows: 4.17 ARCHITECTURAL AND KEE DESIGN STANDARDS C. Building Design Requirements * * * * * * * * In addition to the Collier County Land Development Code Division 2.8 requirements,the following is required: 1. Overall building dimension for office and similar uses shall not exceed 150 feet in either direction. 2. Indoor self-storage building dimensions shall not exceed 150 feet in either direction, except that one self-storage building will be allowed with a maximum north-south dimension of 270 feet. If a self-storage building greater than 150 feet in length in a north_ Page 4 of 8 Words underlined are additions; words struck through are deletions. Revised 7/1/08 11'04- 0 south direction is constructed, it shall be the only self-storage building permitted for the PUD and will be accompanied by the following: a). A combined (right-of-way and building foundation buffer) 25 foot wide buffer which includes a 15 foot wide Type B landscape buffer along Livingston Road and the building foundation plantings for the full length of the building. The buffer and building foundation landscaping may be divided to accommodate the project's drainage outfall pipe located between the building and Livingston Road. b). A projection one story in height on the southern façade of the building facing Eatonwood Lane such as but not limited to a covered entrance as depicted on Exhibit D that will not affect the maximum 270 foot allowable building length. c) A minimum 50 foot front yard setback from the south property Iine(abutting Eatonwood Lane). 2,3.The architectural style for the subdistrict shall be consistent throughout and shall be established by the initial building design and shall blend with surrounding developments. SECTION VI: AMENDMENTS TO DEVELOPMENT STANDARDS SECTION OF ORDINANCE NUMBER 04-75,THE HIWASSE PUD Section 5.5 entitled, "Development Standards" of Ordinance Number 04-75, the Hiwasse PUD,is hereby amended to read as follows: 5.5 DEVELOPMENT STANDARDS Use of FPL Easement Area — Open space, storm water managements and landscaping buffer, existing FPL access road, bike path, sidewalk, fire truck access, a portion of the project access road, electric lines with appurtenances, and underground utilities shall be the only allowed uses permitted in the FPL Easement Area. K. Depository Institutions are limited to the northern portion of the PUD only. , and intersection of LaCosta Road and Livingston Road. Page 5 of 8 Words underlined are additions; words are deletions. Revised 7/1/08 '-- SECTION VII: AMENDMENTS TO 'TRANSPORTATION REQUIREMENTS SECTION OF ORDINANCE NUMBER 04-75,THE HIWASSE PUD Section 6.2, "Transportation Requirements" of Ordinance Number 04-75, the Hiwasse PUD,is hereby amended to read as follows: E. Shared access is permitted north of the subject property on County- owned property as depicted on the PUD Master Plan,. The access shall be designed to Collier County standards and shall be subject to final approval by the Collier County Transportation Division. The developer shall be responsible for construction and maintenance of the access road, drainage facilities, landscaping and other related improvements. In the event that the Related Group PUD will not share in the cost of proposed improvements, access shall not be shared. - .•- . .. . • - _ ' - - PUD Master Plan south of the shared access area. The access shall also include shared access with the LaCosta Apartments to the west. • F. The developer shall provide a turn lane at the project entrance onto Livingston Road, at either the permitted access location, prior to the issuance of the first certificate of occupancy for the first structure in accordance with the Collier County Public Right-of- Way Manual and Ordinance 82-91. A non-exclusive five-foot wide roadway easement shall be provided for the length of the turn lane, G. The developer, or its successors in interest, shall construct a 10 foot wide bike path/sidewalk along the existing FPL service road upon request by the County. The location of the bike path/sidewalk shall be consistent with the alignments for the County's proposed bike path/sidewalk system. If FPL does not give its permission to locate the sidewalk/bike path within its easement, the developer, or its successors in interest, shall construct the 6 foot wide sidewalk/bike path along Livingston Road. SECTION VIII: AMENDMENTS TO WATER MANAGEMENT REQUIRMENTS SECTION TO ORDINANCE NUMBER 04-75,THE HIWASSE PUD Section 6.5, Water Management Requirements, of Ordinance Number 04-75, the Hiwasse Page 6 of 8 Words underlined are additions; words struck reugh are deletions. Revised 7/1/08 `fir PUD,is hereby amended to add a new paragraph to read as follows: D. The developer shall accommodate the stormwater run-off from Eatonwood Lane should there be no drainage easement presently in place to accommodate said runoff. SECTION IX: AMENDMENT ADDING A DEVIATION SECTION TO ORDINANCE NUMBER 04-75,THE HIWASSE PUD Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to add a section entitled "Deviations"to read as follows: 7. DEVIATIONS A deviation from Subsection 6.06.02.A.1 of the LDC to allow improvements to the existing FPL service road by constructing a 10 foot wide bike path/sidewalk meeting County standards, or a 6 foot wide sidewalk and bike path along Livingston Road. SECTION X: AMENDMENTS TO ORDINANCE NUMBER 04-75, THE HIWASSE PUD, TO REMOVE ALL SPECIFIC CITATIONS TO THE LAND DEVELOPMENT CODE THROUGHOUT THE PUD DOCUMENT All sections and subsections of Ordinance Number 04-75, the Hiwasse PUD, are hereby amended to remove any and all references to specific numeric and lettered citations-to specific sections and subsections of the Land Development Code to leave only general references to the Land Development Code throughout the PUD document. SECTION XI: AMENDMENTS TO EXHIBIT A, TEE PUD MASTER PLAN The "PUD Master Plan," Exhibit "A" of Ordinance Number 04-75, the Hiwasse PUD is hereby replaced with a new PUD Master Plan, attached hereto and incorporated by reference herein. • Page 7 of 8 Words underlined are additions; words 1-t1trough are deletions. Revised 7/1/08 • SECTION XII: AMENDMENT TO EXHIBIT' C, CROSS-SECTION STUDY ALSO KNOWN AS LANDSCAPE DETAIL AND VIEW ELEVATION Exhibit "C," "Cross Section Study," also referred to as "Landscape Detail and View Elevation" of Ordinance Number 04-75, the Hiwassee PUD, is hereby replaced with a new Exhibit "C" entitled "Landscape Detail & View Elevation / Cross Section Study", attached hereto and incorporated by reference herein. • SECI`ION XIII: AMENDMENT TO ADD A NEW EXHIBIT ENTITLED • "ARCHITECTURAL SCHEMATIC" TO THE EXHIBITS ATTACHED TO THE PUD DOCUMENT Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to add a new Exhibit D entitled"Architectural Schematic,"attached hereto and incorporated by reference herein. SECTION XIV: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. • PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners vQfCollier'County,Florida, this 24th day of June , 2008. 1' BOARD OF COUNTY COMMISSIONERS ATTEST:_4\ • ........, '��.., DWIGH `E: BRQCI*,CI:FRK COLLIER C NTY, ' •RIDA / 'I By: .4l; t`. /� By: Utast as to art• "�+ puty erk TOM HENNING, CHAIRMA �tiatwai '` �:sk' Approved as to form and legal sufficiency: Tir, e.:ain" filed,with fth ree _ _ -"_`! Marjorie M. Student-Stirling Assistant County Attorney ? ✓t _— DePutl o,* '40140.- Page 8 of 8 ' • Words underlined are additions; words struck eugh are deletions. Revised 7/1/08 '11-n11- - 0 E „ ; _ ti 1 „ I s r?J � , i. i , ; 1.1 a 1 .i ll { LL L__Jr<--- ;, - , r t i 11 j •■! l la 1 f i . nC: {0. 1 r III 3 'I � it .I. 4 �. 1 E � A j;I i, ct i-„,„'"... Ri wt- I, I i i a• ��e+,i,'� •• ••I i• L-i• 3 7. 1t ��. I 3# Q g .1 I..,.,ji is .• : :: !;iiiiii:iti7-i42%1111;1:414-' ,nie... ; I l-. . 1. . 1 iltity- F.,:,4:,;, 1 i i:i I lii 1 I I i I, I,§ ,•• ••••.......4 IIrr 1 f i Iw_r. :r ti:: I} I �y/ y■a■i * 1 Ij i i i ;L / i I ,i I F i I• i 41.,". 1a-ii - 4 3 0 1 I...0 I I tai>-f:tttt3rk'I I•. a I • 111777 ii I 'i ' 1!„. :^:ii.qEiER . 1 1111 0 i I;k41` 1I . . . .'I.•giigIfy-c�IT Rii; it t I. . . f . -;_6s=cr.'ci_ 11 I _-------- 11R-kdil .Vis:-:;, i t i a. I I . . .. ar-_:_._ 1 1 I ti''''' .4. '1 •..1 IA 1;4.;H'-i-'4.7-::E.I IS I 1 ., . . . .GRa. _ _I l;a'.2;!'1•4•!..7.;•:f. i I . . . .itrxL tIP: yr=:ryzei-:1�_1t� r CO •i 1 . 'L,,i,_'ii C t '�, �' r h?>=_2#FN„"i = Rig ell f11 // •F t tif-�lf.giii1.t. , ligi G1 Ow -----'lir—1 l . .�///. ---'2',:-....1,-..r-.4.,gyp; { 1 Ui ? f ° / r 1 'n'sirrFE �' I C *i y�b X /! ftli i 11011 affvi,foaM1101Yl 1 -' J _ T v i x 1 bb s ----- —_) L ji r � ii _ 1 - - I �' '�11 I -- / i I � � 1 1 F .' 1 1 111! 1 IPI 1 i 1 11 I Ili 1 i t I""' 1» • 6 EXHIBIT"B" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: • COMMENCE AT THE NORTHEAST CORNER OF SECTION 13,TOWNSHIP 49 SOUTH, RANGE 25 EAST,COLLIER COUNTY, FLORIDA;THENCE RUN S.00°15'37"E.,ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13,FOR A DISTANCE OF 1319.79 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N,89°23'53"W. ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 120.01 FEET TO A POINT 120.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO,THE EAST LINE OF THE NORTHWAST QUARTER OF SAID SECTION 13 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.00°15'37"E., PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 132L49 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.00°09'47"E., PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 73.69 FEET TO THE MOST NORTHEASTERLY CORNER OF EATONWOOD LANE, A 130.33 FOOT RIGHT-OF-WAY, AS THE SAME IS SHOWN ON THE PLAT OF KENSIGNTON PARK PHASE THREE-B ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 5 AND 6 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89°50'13"W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE-B, FOR A DISTANCE OF 390.00 FEET; THENCE RUN N.00°03'47"W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE-B, FOR A DISTANCE OF 73.36 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13;THENCE RUN N. 00)15'37"W,,ALONG THE BOUNDARY OF SAID KENSIGNTON • PARK PHASE THREE-B,FOR A DISTANCE OF 1150.79 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID KENSIGNTON PARK PHASE THREE-B; THENCE CONTINUE N.00°15'37"E., ALONG THE BOUNDARY OF KENSIGNTON PARK PHASE 3A ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 51 AND 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,FOR A DISTANCE OF 176.24 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN 5.89°23'53"E., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEASTER QUARTER OF SAID SECTION 13,FOR A DISTANCE OF 390.05 FEET TO THE POINT OF BEGINNING;CONTAINING 12.515 ACRES,MORE OR LESS, THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRUCITON OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 49 SOUTH,RNAAGE 25 EAST,LEE COUNTY,FLORIDA AS BEING 5,00°15'39"E, HOLE MONTES,INC. i CERTIFICATION OF AUTHORIZATION LB#1772 • W;L00I1200107G\MJR1EXHIBIT B LEGAL DESCRIPTION.doc _ �_ _ — __ 1�_ _ __ — j . - --— OYO�i NOI SONIAI7-` _ ___ A.. ., . . .,. ..,,L. ‘sr_.1•_ ...........,.=.-.-...... ..T.re rl re— ›... g Lliej r.t,77--..—. !—El-mg;a:Tdu In id U ,_ o ..„( . . .„ 4m-5 r ` C In v) ,liin , 1 H rn— Z • %d,---- z --� r-- X H lit < -4 m r ow La WO _z � z.< t w zea i- 1 Y LAI W CI CI) 0 0! 1 eL _„,. cz, 3 11 113 a i li .0 "-- ., `t il Id El ii 1 1 1 ..--1 W Eiiii 11 1 , a w il ��y dfl �1 dd i da” 111 F-- 2 M. Ui c.-:_- A.°.. Tr, EL i. TV E 410/ ..,..1 Iwo: z w 4 ': ,,- w w 'J .• t� C1. oil ____0_ : . de 'T . . d co i g CI F �1 14 l� ,I. in ` i • a 2 z r I b A g -kppp a s -V #. 3 p +4 mi.. 0 c. A • 4. ., ,... . . ,. .: Ai *0 i \ 44-11.- ;; '4. '. • 40 -.....__ .... rzi- ts a, M. 1it,.; . a. ilairLikem—mimmtii, 4trA 1 - . ' Wilnk ' r al 1---1 mluill 066! I N t i 1 ism; , . -J .„,...., „-atiiik;.7is i—– • ' --'' 'ii if a film, '_:...',..J. i n z b 1 P' 1 Et .., . p-• ' in t 1 D x 1 ti - e 6 ___ ____ _ _Itlims% -' 5 X ,.. us . ULU fit I (4 1 . ! 1 ! CO 1 MEE rt' I I cc Lt. , eiTire. , 1 ,--.• 44 0 – , • Er tal ,th,1 ( milicl ri 7 uc Elinik › 0 ' 3 r...- 1 u., 0 13 8 , Te:). CC I 1 4 i s rii , 4, , A,-,,-:t:kii , I ...0 ,_ • . 1 , 11,1z 1 In '.,t'Arammi "link . ct ruir.f... I Erik . VI 111-1-744,124.41gli ' AlillitiMilliElklil 1 I III FET—Mil I Ingallik I 2 i III ' tran CIIIIIP '' 10, I' immil= ::i : UM : 1 ...0.- hi, ii. , j oz' I--: < Ni I 1 '1) . j 4 111 . .,” I.. (1. L 0 1 cr a. I i O. STATE OF FLORIDA) COUNTY OF COLLIER) • I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2008-34 Which was adopted by the Board of County Commissioners on the 24th day of June, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of 3 County Commissioners of Collier County, Florida, this 2nd day of July, 2008. DWIGHT E. BROCK Clerk of Courts' and Clerk Ex-officio to Board of.' County Comenissi.oACO ' ; - • :_'I,i r. .rk By: Martha Ver40 ' � Deputy le }� k •,4 0 ORDINANCE NO.04- 7 9 ' � z34S AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF �,v� � s. COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER L---DEC 3004 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS III o AMENDED, WHICH INCLUDES THE COMPREHENSIVE ZONING RECEIVEBr: REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER P► COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING , 4,44 ATLAS MAP OR MAPS; BY CHANGING THE ZONING ` ,c" CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY `r°Zsl.gl.u`aFROM "A" RURAL AGRICULTURAL ZONING DISTRICT TO "PUD" COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO BE KNOWN AS THE HIWASSE CPUD CONSISTING OF A MAXIMUM OF 91,000 SQUARE FEET OF PROFESSIONAL OFFICE AREA IN A BUILDING CONTAINING A MAXIMUM OF 200,000 SQUARE FEET OF INDOOR-SELF STORAGE AREA WITH A MAXIMUM ZONING HEIGHT OF THREE (3) STORIES OR THIRTY- FIVE (35) FEET LOCATED ON THE WEST SIDE OF LIVINGSTON ROAD APPROXIMATELY ONE-QUARTER MILE SOUTH OF PINE RIDGE ROAD, IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,CONSISTING OF 12.5±ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, AICP, of Hole Montes and Associates, representing Hiwasse, Inc., through PUDZ-03-AR-3561, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. i--.- NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of_'- ,,„ Collier County,Florida,that: = .� SECTION ONE: The zoning classification of the herein described real property located in Sec 13; Township 49 South, Range 25East, Collier County, Florida, is changed from "A" Rural Agricultural zoning district to "PUD" Commercial Planned Unit Development (CPUD) in accordance with the "Hiwasse" CPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41,as amended,the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this 16'h day of November,2004. BOARD OF COUNTY COMMISSIONERS -;n , '':-, COLLIER CO TY,FLORIDA Al I>ST :._::: i :;; r / DWffih3-E;$FSO 14.CLERK BY: k O sry+a� cd-4., •,8' 1'' •I.' t.1 i r r f d1 I,kOe DONNA FIALA,CHAIRMAN tot..ac0Bt't*Mian's Approov ,attic'ro jy: 4pFF,.. Legal Sufficiency /10 �' This rxdtnan ce fled with fhm � A'' tory of S L4- Office the 2�'��J , A.� � day©I�.�d/►9P�'.C_ W'�' Patrick G.W lite and ocknorviedigetamt , I thdt Assistant County Attorney fill.. received this day of II"*Al c Arta. PUDZ-2003-AR-3561/RB/sp BO' _.. .+ • (-, Page I of 1 I' '4 0 • HIWASSE A PLANNED UNIT DEVELOPMENT PREPARED BY: ROBERT L. DUANE,A.I.C.P. RICHARD YOVANOVICH, ESQ. 3 HOLE MONTES, INC. GOODMAN, COLEMAN & JOHNSON 950 ENCORE WAY AND 4001 TAMIAMI TRAIL N., STE.300 NAPLES, FLORIDA 34110 NAPLES, FLORIDA 34103 HM PROJECT 2001076 NOVEMBER,2002 Date Reviewed by CCPC: Date Approved by BCC:NovPmhPr 16. 2004 Ordinance No. 2004-75 Amendments & Repeals EXHIBIT "A" . . TABLE OF CONTENTS Page SECTION I Statement of Compliance SECTION II Property Ownership, Legal Description, Short Title and Statement of Unified Control 4 SECTION III Statement of Intent and Project Description 5 SECTION IV General Development Regulations .6 SECTION V Permitted Uses and Dimensional Standards for Commercial Development....13 SECTION VI Development Commitments .15 EXHIBITS Exhibit A— PUD Master Plan Exhibit B — Legal Description Exhibit C — Landscape Detail and View Elevation I SECTION I STATEMENT OF COMPLIANCE The development of+12.52 acres of property in Section 13, Township 49 South. Range 25 East Collier County, Florida, as a Planned Unit Development to be known as the Hiwasse PLD, will be in compliance with the goals; objectives, and policies of Collier County as set forth in. the Growth Management Plan. The commercial uses of the project will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1.1 The property is located in the Livingston Road/Eatonwood Lane Commercial Infill SubDistrict as depicted on the Collier County Future Land Use Map. This SubDistrict allows professional and medical offices and indoor-self storage facilities to serve surrounding residential areas that are proposed uses in this PUD. 1.2 The maximum allowed development intensities in the Livingston Road/Eatonwood Lane Commercial Infill Subdistrict include 91,000 square feet of professional or medical office use in buildings containing a maximum height of thirty-five (35) feet, or 200,000 square feet of indoor self-storage area in buildings containing a maximum of three stories and a maximum height of fifty (50) feet. Should a mix of office, medical and indoor self storage facilities develop on the property, for each two square feet of indoor self-storage area, one square foot of office area shall be reduced from the maximum allowable office or medical use area permitted. Access to the property within the Sub-district shall be from one of two access points depicted on the PUD Master Plan on Livingston Road that can be found consistent with Collier County Access Management standards. No access is permitted from Eatonwood Lane. 0 The proposed development intensities for the Hiwasse PUD include a maximum of 91,000 square feet of professional or medical office area in buildings containing a maximum height of thirty-five (35) feet, or a maximum of 200,000 square feet of indoor- self-storage area with a maximum height of three (3) stories of thirty-five (35) feet. Therefore, consistency with the Future Land Use Element ("FLUE") can be established with the proposed development intensities for the Hiwasse PUD. 1.3 The subject property's location in relation to the existing or proposed community facilities and services supports the development's commercial uses as required in Objective 2 of the FLUE. 1.4 The proposed development is compatible with and complementary to existing and future surrounding Iand uses as required in Policy 5.4 of the FLUE. 1.5 Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 1.6The proposed development will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. G of the FLUE. 1.7 All final development orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in Division 3.15 of the Land Development Code and further required by policy 2.3 of the FLUE. 1.8 This PUD shall not become effective until petition CPSP 2003 - 12 is adopted by the Collier County Board of Commissioners 3 • SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND Nariv STATEMENT OF UNIFIED CONTROL 2.1 PROPERTY OWNERSHIP The property is owned by Hiwasse Inc. 2.2 LEGAL DESCRIPTION The legal description is provided for in Exhibit"B". 2.3 GENERAL DESCRIPTION OF PROPERTY The property is located on the west side of Livingston Road approximately one-quarter ('/4) of a mile south of Pine Ridge Road. PHYSICAL DESCRIPTION The subject property is vacant at the time of the application for rezoning. The soil classification for the subject property is Holopaw Fine Sand, Limestone Substratum. The property is located in Flood Zone X. The zoning classification prior to the date of approval of this PUD was Agricultural (A). 2.4 SHORT TITLE This Ordinance shall be known and cited as the "Hiwasse Planned Unit Development Ordinance". 2.5 STATEMENT OF UNIFIED CONTROL This statement represents that the current property owner has lands under unified control for the purpose of obtaining PUD zoning on the subject property. 4 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 INTRODUCTION • It is the intent of this Ordinance is to establish a Planned Unit Development meeting the requirements as set forth in Section 2.2.20 of the Collier County Land Development Code (LDC). The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 PROJECT DESCRIPTION The project contains 12.5 acres and includes 7.55 acres in a Florida Power and Light easement area. The proposed uses are a mix of professional office and medical uses and indoor-self storage facilities. Access will be provided from Livingston Road. The Florida Power and Light ('`FPL") Easement Area that creates a separation from residential uses to the west will remain in open space. 3.3 LAND USE PLAN AND PROJECT PHASING A. The PUD Master Plan provides for areas of commercial use, water management areas, open spaces and road rights-of-way as depicted on the PUD Master Plan Exhibit "A". The PUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of Site Development Plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. B, The anticipated time of build-out of the project is approximately four (4) years from the time of issuance of the first building permit, or 2006. However, actual build-out will depend on market conditions. 3 5 SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the Hiwasse Planned Unit Development and Master Plan. 4.1 GENERAL The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the Hiwasse PUD shall be in accordance with the contents of this document, the PUD Planned Unit Development District and other applicable sections and parts of the LDC and the Collier County Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement. B. Unless otherwise noted. the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Hiwasse PUD shall become part of the regulations that govern the manner in which this site may be developed. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. E. Unless specifically waived through any variance or waiver provisions of any other applicable regulations, the provisions of those regulations not otherwise provided for within this PUD remain in full force and effect. In the event there is a conflict between the regulations established in the PUD or any other regulations. the regulations within the PUD shall prevail. 4.2 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork. and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document in effect at the time of construction plan approval. 4.3 EASEMENTS FOR UTILITIES Easements, where required. shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements. 6 `,I :!ixn >C.P!'D ! ocum,m 1 dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with the applicable regulations in effect at the time construction plans and plat approvals are requested. Easements dedicated to Collier County shall be counted toward the County's open space and the retention of native vegetation requirements. 4.4 AMENDMENTS TO THE ORDINANCE The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this Ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC, in effect at the time the amendment is requested. 4.5 PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A", the PUD Master Plan, constitutes the required PUD development plan. Subsequent to, or concurrent with PUD approval, a preliminary subdivision plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to the recording of the final subdivision plat, when required by the subdivision regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County subdivision regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development order, the provisions of Section 3.3, Site Development Plans, shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. 4.6 PROVISION FOR OFFSITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. 7 :?i�casse%Pt'D Document 8.(1.doe B. A timetable to facilitate said removal shall be submitted to the Development Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. 4.7 SUNSET AND MONITORING PROVISIONS The Hiwasse PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. 4.8 POLLING PLACES Polling places shall be provided in accordance with Section 3.2.8.3.14 of the Collier County Land Development Code. 4.9 NATIVE VEGETATION The project shall meet the requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property. 4.10 OPEN SPACE The total aggregate of such open space areas shall meet or exceed the open space requirements of Section 2.6.32 of the LDC and are met within the FPL easement area. 4.11 ARCHAEOLOGICAL RESOURCES The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event such resources are contained on the property. 4.12 COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces, and water management facilities, shall be the responsibility of a homeowners' association to be established by the developer. 4.13 OFF STREET PARKING AND LOADING All off street parking and loading facilities shall be in accordance with Division 2.3 of the Collier County Land Development Code. 4.14 LANDSCAPING All landscaping shall be in accordance with the requirements of Division 2.4 of the Collier County Land Development Code. However, an enhanced Type"B" buffer will be provided along the eastern edge of the FPL Easement Area subject to their approval. A cross section of the enhanced buffer area is provided on Exhibit C: Landscape View and Detail. At the time of SDP approval, a letter shall be provided from FLP, stating that the enhanced "B" Buffer area meets with their approval.. 8 • :?_t:. n; AR-?:61. 1[iwassc;Pl'D 4.15 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Hiwasse PUD. General permitted uses are those uses which generally serve the Developer and occupants of the Hiwasse PUD and are typically part of the common infrastructure or are considered community facilities A. General Permitted Uses: 1 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including the necessary access ways, parking areas and related uses to • serve such offices. 5. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 4.14 of this PUD. 6. Any other use which is comparable in nature with the foregoing list of 3 permitted accessory and principal uses, as determined by the Board of Zoning Appeals ("BZA"). B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road — Ten feet (10'). 2. Setback from PUD boundary - Fifteen feet (15'), however, berms for water management facilities may be constructed within five (5) feet of a property line provided all other applicable requirements of this Ordinance and the LDC are met. 3. Minimum distance between unrelated structures—Ten feet(10'). 4. Maximum height of structures—Twenty-Five feet(25'). 5. Minimum lot or parcel area— 10,000 square feet. 6. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Hiwasse PUD design guidelines and standards are to be in accordance with LDC in effect at the 9 ".k:,mcrt 1,10c time of site development plan approval. 4.16 SIGNAGE A. General: 1. All Collier County sign regulations, pursuant to LDC, Division 2.5, Signs, in force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. Signs shall be permitted in private rights-of-way. 3. All signs shall be located so as not to cause sight line obstructions. 4. All internal project rights-of-way, drive aisles,or access easements may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set for herein. B. Traffic Signs: 1. Traffic signs such as street signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size of the signs shall be in accordance with DOT criteria. C. Wall Mounted Signs 1. Wall mounted signs shall be individual letters mounted separately or on a continuously wire raceway in a color to blend with the background. Box type signs are not permitted. 2. Building signs shall be placed within a horizontal signage band around the building perimeter that does not exceed Collier County requirements. D. Colors 1. Harmonious color schemes for signs are required but corporate identity variations are acceptable. Signs with multi-color letters are not permitted. 4.17 ARCHITECTURAL AND SITE DESIGN STANDARDS A. Applicability 1. The"Architectural Standards for Livingston Road/Eatonwood Lane Commercial Infill Subdistrict" have been created by the developer to promote a visually harmonious framework for all developments within the PUD boundaries. It establishes minimum design standards to enhance compatibility with adjacent properties and to assist architects in designing 10 G:1Be11ows\AR-3561,Hiwasse\PUD Document 7-8-04.doc I appropriate property improvements. These standards replace related portions of the Collier County Architectural Guidelines (LDC Division 2.8)as noted.All other portions of the Collier County Land Development Code(LDC) and all other codes with jurisdiction shall remain in full force to the extent they are not inconsistent with the provision of this PUD. B. Intent 1. The intent of this standard is to establish architectural requirements that promote a common architectural theme for the professional/medical offices and indoor self-storage buildings on the site and to harmonize with adjoining property uses. C. Building Design Requirements All Collier County Land Development Code Division 2.8 requirements shall apply to outside storage areas except as noted below: 1. Modify LDC 2.8.3.5.11 -Entryways/Customer Entrance Treatments as follows for indoor self-storage buildings over 20,000 square feet. a. Purpose and intent. Entryway design elements and variations are intended to give protection from the sun and adverse weather conditions. These elements are to be integrated into a comprehensive design style for the project. b. Entryways/customer entrance standards. These standards identify appropriate entry features. c. Single use buildings. Single use buildings shall have clearly defined,highly visible customer entrances which shall include the following: (1) decorative landscape planters or wing walls which incorporate landscaped areas; and (2) structural or vegetative shading. (3) front entry shall be set back from the drive a minimum distance of 15 feet. 2. Modify LDC 2.8.4.4.10- Entryways/Customer Entrance Treatments as follows for indoor self-storage buildings over 10,000 square feet to 20,000 square feet. a. Purpose and intent. Entryway design elements and variations are intended to give protection from the sun and adverse weather conditions. These elements are to be integrated into a comprehensive design style for the project. b. Entryways/customer entrance standards. These standards identify appropriate entry features. 11 G:1Bellows'AR-3561,Hiwasse\PUD Document 7-8-04.doc c. Single use buildings. Single use buildings shall have clearly defined,highly visible customer entrances which shall include the following: (1) decorative landscape planters or wing walls which incorporate landscaped areas; and (2) structural or vegetative shading. (3) front entry shall be set back from the drive a minimum distance of 15 feet. In addition to Collier County Land Development Code Division 2.8 requirements, the following is required: 1. Overall building dimension shall not exceed 150 feet in either direction. 2. The architectural style for the subdistrict shall be consistent throughout and shall be established by the initial building design and shall blend with surrounding developments. • 12 . ,.,.., --•_ _{, I SECTION V PERMITTED USES AND DIMENSIONAL STANDARDS FOR COMMERCIAL DEVELOPMENT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Hiwasse PUD designated for commercial development on the PMD Master Plan, Exhibit "A". 5.2 MAXIMUM DEVELOPMENT INTENSITY A maximum of 91,000 square feet of gross leasable floor area of professional and medical office use area is permitted or a maximum of 200,000 square feet of indoor-self storage area. Should a mix of office and indoor-self storage facilities develop on the property, for each two (2) square feet of indoor-self storage area. one (1) square foot of office area shall be reduced from the maximum allowable office area. 5.3 GENERAL DESCRIPTION The PUD Master Plan designates the following uses for the general use designations on said Master Plan. AREA ±ACRES ± PERCENTAGE 1. FPL Easement 7.55 60.3% 2. Development Area 4.97 39.7%100% TOTAL 12.52 a The approximate acreage of the commercial area is depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of site development plan or final subdivision plat approval in accordance with Article 3, Division 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. Commercial areas are designed to accommodate internal roadways. open spaces, signs. water management facilities, and similar uses typically found in non-residential areas. 5.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Uses: 1. Accounting, auditing and bookkeeping services (group 8721). ?. Business services (groups 7311, 7313, 7371. 7372. 7374-7376. 7379). 3. Depository institutions (groups 6011 - 6099). 4. Offices for engineering, architectural. and surveying services (groups 0781. 8711-8713). 5. Health services (groups 8011-8049). ;,... .. -�1. .. \1:7SSC•1'1"1) n,'.:Uf'1.... .,_. 13 6. Insurance carriers, agents and brokers (groups 6311-6399, 6411). 7. Indoor-self storage facilities (group 4225). 8. Legal services (group 8111). 9. Management and public relations services (groups 8741-8743, 8748). 10. Miscellaneous•personal services (groups 7291; 7299, debt counseling only). 11. Real estate(groups 6531-6541). 12. Security and commodity brokers, dealer, exchanges and services (groups 6211-6289). 13. Transportation services(group 4724, travel agencies only). 14. Veterinarian's office(group 0742),excluding outdoor kenneling. 15. Any other use which is comparable in nature with the foregoing list of permitted principle uses as determined by the Zoning Board of Appeals. B. Accessory Uses and Structures 1. Accessory uses and structures customarily associated with commercial uses listed above. 5.5 DEVELOPMENT STANDARDS A. Minimum Iot area-20,000 square feet B. Minimum lot width— 100 feet C. Minimum yard requirements: 1. Front yard—25 feet 2. Side yard — 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the LDC are met. 3. Rear yard — 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the LDC are met. D. Maximum height—Thirty-five(35) feet E. Minimum floor area of principal structure — 1000 square feet gross floor area for each building on the ground floor. F. Lighting— Lighting facilities shall be arranged in a manner that protects roadways and neighboring properties from direct glare or other interference. Lighting shall be limited to a maximum height of twelve (12) feet in height along the western edge of the development envelope area adjacent to the FPL Easement Area. G. Distance between structures — If there is a separation between any two principal structures on the same parcel, said separation shall be a minimum of fifteen (15) feet or a distance equal to one-half (Y2) the sum of their heights, whichever is greater. However, indoor-self storage buildings shall have a minimum separation requirement of fifty (50) feet between individual self-storage buildings. H. Merchandise storage and display — Outside storage or display of merchandise is prohibited. I. Use of FPL Easement Area — Open space and landscape buffering shall be the only allowed uses permitted in the FPL Easement Area. 14 pi'1-1 nocumcnt I J. The hours of operation of the self-storage buildings shall be limited to the hours of 7:00AM to 9:00PM. K. Depository Institutions are limited to the northern portion of the PUD only, and may only be developed at such time as a traffic signal has been installed at the intersection of LaCostaRoad and Livingston Road. S is Erii,+‘e: .lR-?_61.IIialssd\I't'D Documc^; --`- ,. 15 ^r - SECTION VI DEVELOPMENT COMMITMENTS 6.1 ENVIRONMENTAL STANDARDS The purpose of this Section is to set forth the environmental commitments of the project developer. A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section Staff B. Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.3 of the Collier County LDC. C. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the Preservation Area, shall be submitted to the Current Planning Section Staff for review and approval prior to final site plan/construction approval. A schedule for exotic removal within all Preservation Areas shall be submitted with the above-mentioned plan. D. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a habitat management plan for these protected species shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction approval. E. The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals to which said regulations relate. 6.2 TRANSPORTATION REQUIREMENTS The purpose of this Section is to set forth the transportation commitments of the project development. A. The developer shall provide arterial level street lighting at the project entrance. Such lighting shall be in place prior to the issuance of any certificate of occupancy. B. The road impact fee shall be as set forth in the Collier County Consolidated Impact Fee Ordinance No. 2001-13 as amended and adopted in January 2003 and shall be paid at the time building permits are issued or as provided for by the Adequate Public Facilities Ordinance. C. Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. D. All traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. 16 ii �sscl .'I? Document doe E. Shared access is permitted north of the subject property as depicted on the PUD Master Plan, subject to an access agreement with the property owner to the north. If an access agreement for shared access cannot be reached, then only a right-in- right-out access is permitted from Livingston Road at an access point depicted on the PUD Master Plan'south of the shared access area. F. The developer shall provide a turn lane at the project entrance onto Livingston Road, at either permitted access, prior to the issuance of the first certificate of occupancy for the first structure in accordance with the Collier County Public Right-of-Way Manual and Ordinance 82-91. 6.3 UTILITY REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off-site sewer facilities are available to serve the project. 6.4 ENGINEERING REQUIREMENTS A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to define the right-of-way and tracts shown on the PUD Master Plan. C. The developer and all subsequent owners of this project shall be required to satisfy the requirements of all County Ordinances or Codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to preliminary subdivision plat, site development plan and any other applications that will result in the issuance of a final development order. 6.5 WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the project developer. 17 G:\Bellon s\.AR-3561. Iiiwasse\PUD Document 7-8-04.doc A. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines, with side,rear or abutting property Iines fenced. B. Landscaping may be placed within the water management area in accordance with the criteria established within Section 2.4.7.3 of the LDC. C. The wet season water table elevation shall be established at the time of South Florida Water Management District (SFWMD) permitting, which is required for the subject property. 18 G:\BeIlowc\AR-361.1-liwasse\P1'D Document 7-8-O4.doc I , Iliii I I sz t t, c t g o e III a1,1 '1. , il. v Id = Jai . a.RN. 11 , �s i j d . t : 'IV '''',V LC! 1 i i .1 O.tx t0 CO ' :,,,,i-i4.._ ' i I I a Ii � I j - &. _ 4.3 n 1i '1: i •. 1 g `'• -�_ 14 11 •sntar., .r I 1 / . E. v,I.:4,,,,1;11.,:.:_.;,,..:::3 • . - : mi- Ili 0 : op#41,-,wv4;:hi. 1 inz il �� I 11 ! l ri I i.I: K '1ndxa•It Y. c. �qilG I j 1 i '1 to =",:,,r,,,, 1 f"R G 6 I J rgilly t? L�, I Ilii co ,"I 7 ; I < _ _r: ,er 11 If I flu E. r Y I 1 I .. ~ wlVt aoo1111D1t7 i i I' < 1 __-11 I1 r . K ~ , : j 1 i w W _ _ IRESQBIvIITTAL ~ ; LL PUDZ-2003—AR-3561 I, PROJECT#2002090002 . DATE: 4/8/04 EI RAY BELLOWS 444" EXHIBIT"B" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00°15'37"E., ALONG THE EAST LINE OF THE NORTHEAST QUAR TER OF SAID SECTION 13,FOR A DISTANCE OF 1319.79 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.89°23'53"W. ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 120.01 FEET TO A POINT 120.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO,THE EAST LINE OF THE NORTHWAST QUARTER OF SAID SECTION 13 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.00°15'37"E., PARALLEL WTI'H THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1321.49 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.00°09'47"E., PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 73.69 FEET TO THE MOST NORTHEASTERLY CORNER OF EATONWOOD LANE, A 130.33 FOOT RIGHT-OF-WAY, AS THE SAME IS SHOWN ON THE PLAT OF KENSIGNTON PARK PHASE THREE-B ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 5 AND 6 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89°50'13"W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE-B, FOR A DISTANCE OF 390.00 FEET; THENCE RUN N.00°09'47"W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE-B, FOR A DISTANCE OF 73.36 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N. 00)15'37"W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE-B, FOR A DISTANCE OF 1150.79 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID KENSIGNTON PARK PHASE THREE-B; THENCE CONTINUE N.00°15'37"E., ALONG THE BOUNDARY OF KENSIGNTON PARK PHASE 3A ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 51 AND 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,FOR A DISTANCE OF 176.24 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARI'1 R OF SAID SECTION 13; THENCE RUN S.89°23'53"E., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEASTER QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 390.05 FEET TO THE POINT OF BEGINNING; CONTAINING 12.515 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRUCIION OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 49 SOUTH,RNAAGE 25 EAST,LEE COUNTY,FLORIDA AS BEING S.00°I5'39"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB#1772 W:\2001\20010761MJR\EXHIBIT B LEGAL DESCRIPTION.doc I : A / n n J m :w Z z iiw a -130 F' \I g -Do 0 C—+ 0 1 z00 10M'' R p-, ( 2 I v v i Agi- v D a73 g ,'D �,"- y' i • . , ••••., lk. i ......---. . .4 t...., . _____, _ _-_i_r„,,___ . .. 0-' .• i , _ c `. 0 ...,..,, , . 1 x' 6 .fie0 rn D� 7D�jj N - — 0\1.- : : '\ — ..._ _40 115; naafi op, nera S §ou " 3a n A L$° 07.i' avg 'alga 'i g 3 i if s — It Mowed q IU S I - —vs VW Bugle�Yt z6 7 111 0 $ $& a IIhr$ a a ti 4 a a 2 4a ii Ln Ln 2.71 n IN � r P \ -----a--- — — -- n 7, Til 3530 �er-- mn 9 > Jr > N 7t t'• m % Type'B'Buffer(Enhanced) if Cg td p 5 Li _ o c. n w L_ 1 - LNINGS(ON ROAD - . I L : L 0 Th r 111 ( _ E i Crosaaectian Study @S, ; @ J.Roland���®P,I.B.wmu+�+wcx�cr 2 2 : �..oe.a.na r"..a.ri...o_..m HIWASSE INCORPORATED $E EXNIF31T C. rt c NAPLES.FLORIDA ...,.�.^"^,.-_..^'^.•'_.^.�'.'_. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2004-75 Which was adopted by the Board of County Commissioners on the 16th day of November 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of November, 2004 . DWIGHT E. BROCK. .10 ' 2,./.. Clerk of Courts acid" ie '} - Ex-officio to- r'oa lr..iof,_ County Commiddi:orrers • By: Heidi R.- Deputy .Deputy Clerk '- J From: F'-IlnwsRav To: StnneSrnttt Pat Mulhere Cc: MdranMatthew•Frenchlames'BntMId ael;Tom Taylor'RetchlFred:AshtonHeidi;t(latzkaw]eff Subject: RE:PL20170002544 Hiwasse PUDI Date: Tuesday,August 08,2017 12:32:41 PM Attachments: jrnaae008.ong ima4e011.28o 1maaeolt r,nc jmaae015.orc imaoe01748o 1Magef121.1204 9iedeala54 Hi Scott, I discussed this issue with Chris Scott as well as a follow-up meeting with Bob Mulhere and I can confirm that this application can continue to be reviewed and processed as a PDI. Ray Raymond V.Bellows,Zoning Manager Zoning Division-Zoning Services Section Growth Management Department Telephone:239.252.2463;Fax:239.252.6350 From:StoneScott Sent:Tuesday,August 08,2017 10:50 AM To:Bob Mulhere<BobMulhere@hmeng.com> Cc:McLeanMatthew<MatthewMcLean@colliergov.net>;Frenchiames<jamesfrench@colliergov.net>;BosiMichael<MichaelBosi@colliergov.net>; BellowsRay<RayBellows@colliergov.net>;Tom Taylor<TomTaylor@hmeng.com>;ReischlFred<FredReischl@colliergov.net>;AshtonHeidi <HeidiAshton@colliergov.net>;KlatzkowJeff<JeffKlatzkow@colliergov.net> Subject:RE:PL20170002544 Hiwasse PUDI Bob, Thanks for the response.I will still need staff to confirm that this can proceed as a PDI,given the number of changes throughout the PUD document.I understand that you had previous guidance that this would be a PDI,but I need to know that the changes you officially submitted are • representative of the number and substance of changes upon which Ray originally based his opinion to move this forward as a PDI rather than a PUDA. Scott A.Stone Assistant County Attorney Collier County Attorney's Office (239)252-5740 From:Bob Mulhere[inailto•BobMulhere0hmena.com] Sent:Tuesday,August 8,2017 10:23 AM To:StoneScott<SrnttStnneernllieraov.net> Cc:McLeanMatthew<MatthewMrl ean0rnlliergov net>;FrenchJames<jamesfrenrh(arrolliergov net>;BosiMichael <MjrhaelBosina cnlliergov.net>;BellowsRay<JtavBellowara0rolliergnv net>;Tom Taylor<TomTavlorralhmeng rom>;ReischlFred <Fred Reisrhl(d rolliergov.net> Subject:PL20170002544 Hiwasse PUDI Scott: Since your review is still listed as pending on the above,I want to respond quickly with the hope of having the pending status revised to approved. We want to avoid another"formal"resubmittal.This process was to be expedited in order to address both the County's Utility needs and the property owners pending SDP. Your comments/questions are as follows: Comment 1: Correction 1: Miscellaneous Corrections Status: Outstanding Date Status Changed: 08/07/2017 Comments: It appears that you are attempting to revise the entire PUD document.Please have staff confirm that this can be a PDI,and not a PUDA(or a POOR).I understand that your e-mail dated June 21st indicates that you spoke with Ray regarding the PDI process,but I would like staff to confirm that a PDI is appropriate now that they've actually seen your official application/request. Original Message From: BellowsRay [mail to:RayBellows@colliergov.net] Sent: Wednesday, June 21, 2017 5:23 PM To: Bob Mulhere; PaulRenald Cc: BosiMichael; French]ames; Tom Taylor; AshtonHeidi; ReischlFred; McLeanMatthew Subject: RE: Hiwassi PUDI Hi Bob, I agree to waive the formal pre-application meeting. However, I think it would be a good idea if Fred can call you to review the proposed changes prior to submittal in order to help him get up to speed. Ray Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 Original Message From: Bob Mulhere [miiltn:RohMulhere@hmeng.com] Sent: Wednesday, June 21, 2017 5:14 PM To: BellowsRay <RayBellows�laco liereov.net> Cc: BosiMichael <MihaelBosi@colliergov.net>; French]ames <jamesfren I nlliereov.net>; Tom Taylor <TomTaylor@hmeng.com>; AshtonHeidi <HeidiAshton@colliergov.nrt> Subject: Hiwasse PUDI Ray, over the last 6 weeks or so Tom Taylor and I have been meeting with Jamie, Chris Scott, Matt McLean, Mark 11 Strain, and Heidi Aston-Cicko to determine the correct process to resolve some issues related to the above referenced PUD. Issues include: several easements needed by Collier County, relocating a County force main on the property (for which no easement exists), a setback issue related to an existing drainage, utility and access easement granted for compensating right-of-way, deviations required to address several landscape issues (necessitated by the limitations that result from the utility easements desired by the County), and a few other items that may require deviations. After several meetings it has been determined that we need to submit a PDI, and that staff will work with us to expedite the processing and review of the PDI. There is a pending SDP approval on the site and the County desires to obtain the necessary easements and so forth as quickly as possible. To that end, getting the PDI submitted and scheduled for consideration by the hearing examiner as expeditiously as possible is in the best interest of both my client and Collier County. With that being the case, I am requesting a waiver of the pre-app meeting. With the application, I will submit a summary description of the issues and of course the amending PUD language. I will also submit an analysis as to how the changes qualify under the PDI process. None of the changes have an environmental or traffic impact. The site is already cleared and we are not proposing an increase or change to the PUD boundaries, uses, intensity, building height, or access to the PUD. Please let me know if you will waive the preapp meeting. Scott,please see email above.We have discussed this on numerous occasions with Heidi,Ray,Jamie,Matt Mclean,and others.At the conclusion of those meetings and discussions it was agreed that the process was to submit a PDI.We determined to delete various LDC citations throughout the PUD because the previous amendment to the PUD contained the following language in Section X,and we thought that you or someone else would request those changes to make this consistent with the language below,approved in 2008.We can delete those changes if you feel they are not necessary,but do not wish to make a formal resubmittal to do so. Please advise. "0 From: FrbCindv To: Tom Taylor Subject: FW:Western Interconnect-Livingston Professional Center Attachments: Scanned Donation Aoreement.odf scanned CUE.odf Scanned Existingg Ilodf Scanned Gao Affidavit.odf -I- -1..11 .. Il-I - .- 1 .••. Tom....Hopefully this email address will work. Cindy M. Erb, SR/WA Senior Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 101 Naples, FL 34112-5356 Telephone Number: 239-252-8917 Fax Number: 239-252-8876 From: ErbCindy Sent: Tuesday,July 18, 2017 2:48 PM To:TomTaylor@HoleMontes.com Cc: MottToni <ToniMott@colliergov.net>; StevensMichael <MichaelStevens@colliergov.net>; PajerCraig<CraigPajer@colliergov.net> Cli) Subject: Western Interconnect-Livingston Professional Center Tom, Please find attached the documents necessary, along with a cover letter, for the County to proceed with the acquisition for the above-referenced project: • Donation Agreement; • Utility Easement; • Utility Easement for existing FM; and • Gap Affidavit Please have the appropriate parties execute the attached documents and return them to my attention. The Utility Easements, and Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit must be signed in the presence of a Notary Public and requires two witnesses. The Donation Agreement just requires two witnesses. On the Utility Easement for the existing FM, we have been advised by the County Attorney's office that 2a of the last paragraph (which is crossed off) should be removed because the entire easement area will not be terminated because it references abandoning our use of the sewage force main and that is not the case. 3 Please initial where it is strike-through. Once we record the documentation, we will forward the recorded Utility Easements for your files. If you have any questions, please advise. Thank you. C°ti Cindy M. Erb, SR/WA Senior Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 101 Naples, FL 34112-5356 Telephone Number: 239-252-8917 Fax Number: 239-252-8876 Structure No. 143M5-I43M6,266M3-266M4,A266M3-A266M4 Section,Township,Range 13-49-25 Parcel ID:258974001 RIGHT-OF-WAY CONSENT AGREEMENT FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing address is P.O. Box 14000, Juno Beach, Florida 33408-0420, Attn: Corporate Real Estate Department, hereinafter referred to as "Company", hereby consents to LIVINGSTON PROFESSIONAL CENTER, LLC whose mailing address is 719 Hickory Road,Naples, FL 34108 hereafter referred to as "Licensee", using an area within Company's right-of-way granted by that certain agreement recorded in O.R. Book 162, Page 205, O.R. Book 432, Page 726 and O.R. Book 429, Page 354 of the Public Records of Collier County, Florida. The said area within the Company's right-of-way, hereinafter referred to as "Lands", is more particularly described on Exhibit"A" attached hereto. The use of Lands by Licensee shall be solely for the purpose of dry detention areas with associate piping,an emergency turnaround area, landscaping and lighting as shown on the plans and specifications submitted by Licensee, attached hereto as Exhibit "B", In consideration for Company's consent and for the other mutual covenants set forth below,and for Ten Dollars and No Cents ($10.00)and other good and valuable consideration,the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. Licensee agrees to obtain all necessary rights from the owners of the Lands in the event Licensee does not own said Lands;to obtain any and all applicable federal,state,and local permits required in connection with Licensee's use of the Lands; and at all times, to comply with all requirements of all federal, state, and local laws, ordinances, rules and regulations applicable or pertaining to the use of the Lands by Licensee pursuant to this Agreement. 2. Licensee understands and agrees that the use of the Lands pursuant to this Agreement is subordinate to the rights and interest of Company in and to the Lands and agrees to notify its employees, agents, and contractors accordingly. Company specifically reserves the right to maintain its facilities located on the Lands; to make improvements; acid additional facilities; maintain, construct or alter roads; maintain any facilities, devices, or improvements on the Lands which aid in or are necessary to Company's business or operations; and the right to enter upon the Lands at all times for such purposes. Licensee understands that in the exercise of such rights and interest, Company from time-to-time may require Licensee, to relocate, alter, or remove its facilities and equipment, and other improvements made by Licensee pursuant to this Agreement which interfere with or prevent Company,in its opinion,from properly and safely constructing, improving, and maintaining its facilities. Licensee agrees to relocate, alter, or remove said facilities, equipment, and other improvements within thirty(30) days of receiving notice from Company to do so. Such relocation, alteration, or removal will be made at the sole cost and expense of Licensee and at no cost and expense to Company;provided however,should Licensee,for any reason, fail to make such relocation, alteration,or removal, Company retains the right to enter upon the Lands and make said relocation, alteration, or removal of Licensee's facilities, equipment, and other improvements and Licensee hereby agrees to reimburse Company for all of its costs and expense incurred in connection therewith upon demand. 3. Licensee agrees that it will not use the Lands in any manner which, in the opinion of Company, may tend to interfere with Company's use of the Lands or may tend to cause a hazardous condition to exist. Licensee agrees that no hazardous substance, as the term is defined in Section 101 (14) of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") (42 USC Section 9601 [14)), petroleum products, liquids or flammables shall be placed on, under,transported across Form 3740 Rev. 08/15 Page 1 of 8 or stored on the Lands, which restricts, impairs, interferes with,or hinders the use of the Lands by Company or the exercise by Company of any of its rights thereto. Licensee agrees further that in the event it should create a hazardous condition, then upon notification by Company, Licensee shall, within seventy-two (72) hours, at its sole cost and expense, correct such condition or situation; provided however that the Company retains the right to enter upon the Lands and correct any such condition or situation at any time and, by its execution hereof,Licensee hereby agrees to indemnify and hold harmless Company from all loss,damage or injury resulting from Licensee's failure to comply with the provisions of this Agreement 4. Licensee hereby agrees and covenants to prohibit its agents, employees, and contractors from using any tools,equipment,or machinery on the Lands capable of extending greater than fourteen (14) feet above existing grade and further agrees that no dynamite or other explosives shall be used within the Lands and that no alteration of the existing terrain, including the use of the Lands by Licensee as provided herein, shall be made which will result in preventing Company access to its facilities located within said Lands. Unless otherwise provided herein, Licensee agrees to maintain a one hundred and ten (110) foot wide area, clear of any activities, with a lineal measurement of fifty five (55) feet on each side of the centerline of Company's existing and planned facilities. 5. Licensee understands and agrees that the planting of trees,shrubs,and other foliage capable of exceeding fourteen(14)feet in height at full maturity is not permitted within Company's Lands. 6. Outdoor lighting installed or to be installed upon the Lands by Licensee are not to exceed a height of fourteen (14) feet above existing grade and all poles or standards supporting light fixtures are to be of a non-metallic material. 7. Sprinkler systems installed or to be installed by Licensee upon the Lands are to be constructed of a non-metallic material and sprinkler heads are to be set so the spray height does not exceed fourteen (14) feet above existing grade and does not make contact with any Company's facilities. Aboveground systems shall not be installed within or across Company patrol or finger roads and underground systems crossing said patrol and finger roads are to be buried at a minimum depth of one(1) foot below existing road grade. S. Licensee agrees to warn its employees, agents, contractors and invitees of the fact that the electrical facilities and appurtenances installed or to be installed by Company within the Lands are of high voltage electricity and agrees to use all safety and precautionary measures when working under or near Company's facilities. Licensee hereby acknowledges the receipt and required execution of Form 360 "Exhibit C"prior to the commencement of construction within the Lands. 9. Licensee agrees, at all times, to maintain and keep the Lands clean and free of debris. Except as provided herein, Licensee further understands and agrees that certain uses of the Lands are specifically prohibited; such uses include but are not limited to, hunting and camping, and Licensee agrees to notify its employees,agents,contractors, and invitees accordingly. 10. The use of the Lands by Licensee shall be at the sole risk and expense of Licensee, and Company is specifically relieved of any responsibility for damage or loss to Licensee or other persons resulting from Company's use of the Lands for its purposes. 1 I. Notwithstanding any provision contained herein, Licensee agrees to reimburse Company for all cost and expense for any damage to Company's facilities resulting from Licensee's use of the Lands and agrees that if, in the opinion of Company, it becomes necessary as a result of Licensee's use of the Lands for Company to relocate, rearrange or change any of its facilities, to promptly reimburse Company for all cost and expense involved with such relocation,rearrangement or change. Form 3740 Rev. 08/15 Page 2 of 8 12. Licensee agrees it will exercise its privileges hereunder at its own sole risk and agrees to • indemnify and save harmless Company, its parent, subsidiaries, affiliates, and their respective officers, directors, agents and employees (hereinafter referred to as FPL Entities), from all liability, loss, cost, and expense, including attorneys' fees, which may be sustained by FPL Entities to any person, natural or artificial, by reason of the death of or injury to any person or damage to any property whether or not due to or caused by the negligence of FPL Entities, arising out of or in connection with the herein described purposes by Licensee, its contractors, agents, or employees; and Licensee agrees to defend at its sole cost and expense and at no cost and expense to FPL Entities any and all suits or action instituted against FPL Entities,for the imposition of such liability,loss,cost and expense. l3. Licensee shall, during the period of this Agreement, maintain at its sole expense with insurers rated "A-, VII" or higher by A.M. Best's Key Rating Guide, General Liability insurance with minimum limits of $3,000,000 for bodily injury or death of person(s) and property damage per occurrence, which shall insure against obligations assumed by Licensee in the indemnity(Paragraph 12). Licensee shall name Company as an additional insured and provide for a waiver or subrogation in favor of Company. License shall provide evidence of the required insurance coverage in the form of an ACORD certificate to Company evidencing that said policy of insurance is in force and will not be cancelled or non-renewed so as to affect the interests of Company until thirty(30)days written notice has been furnished to Company. Upon request, copies of policies will be furnished to Company. Licensee understands and agrees that the use of the Lands for the purposes described herein is expressly contingent upon acceptance and compliance with the provisions contained herein. 14. This Agreement will become effective upon execution by Company and Licensee and will remain in full force and effect until completion of Licensee's use of the Lands pursuant to this Agreement, unless earlier terminated upon ninety(90)days written notice by Company to Licensee,or at the option of Company, immediately upon Licensee failing to comply with or to abide by any or all of the provisions contained herein. 15. The use granted herein as shown on Exhibit "B" shall be under construction by Licensee within one (1)year of the effective date of this Agreement and the construction shall be diligently pursued to completion. Licensee shall give Company ten (10) days prior written notice of its commencement of construction, "Under construction" is the continuous physical activity of placing the foundation or continuation of construction above the foundation of any structure or improvement permitted hereunder. Under construction does not include application for or obtaining a building permit, a site plan approval or zoning approval from the appropriate local government agency having jurisdiction over the activity, purchasing construction materials, placing such construction materials on the site, clearing or grading the site (if permitted) in anticipation of construction, site surveying, landscaping work or reactivating construction after substantially all construction activity has remained stopped for a period of four(4)months or more. Licensee acknowledges that failure to have the use under construction within the one(1)year time period will result in immediate termination of this Agreement in accordance with Paragraph 14 herein for failing to comply with the provisions contained herein unless Licensor grants a written extension for a • mutually agreed upon time. Any request for an extension of time shall be submitted in writing by Licensee no later than thirty (30) days prior to the expiration of the one (1) year period for the project to be under construction. 16. The term "Licensee" shall be construed as embracing such number and gender as the character of the party or parties require(s)and the obligations contained herein shall be absolute and primary and shall be complete and binding as to each, including its successors and assigns, upon this Agreement being executed by Licensee and subject to no conditions precedent or otherwise. Form 3740 Rev. 08/15 Page 3 of 8 17. Shouldl any provision ofthis Agreement be.determined by a court of competent jurisdiction to be illegal or in conflict with any applicable law, the validity of the remaining provisions shall net be 414swe impaired. In the event of any litigation arising out of enforcement of this Consent Agreement,the preValling party in such litigation shall be entitled to recover),of all costs,including reasonable attorneys'fees. 18. Licensee may assign its rights and obligations under this Agreenient to a Solvent party upon prior written consent of the compaity,which cOnsentshall not be unreasonably withheld. 1 19. Licensee agrees that any review Or approval by Company of the plans and/or specifications submitted by Licensee attached hereto as Exhibit "B", the approval of the identity of any contractors; subcontractors and materialmen,or the delivery by Company of construction specifications to Licensee, is solely for the purpose of processing this Consent,and without any representation or warranty whatsoever to Licensee with respect to the adequacy,correctness or efficiency thereof or otherwise and it is understood that such Company's approval does not absolve Licensee of any liability heteinider. Further, Licensee, in connection with the construction,maintenance and/orremoval of improvements depicted op Exhibit"B"to the Agreement, agrees to observe and fully comply with all construction, operation and maintenance standards,as.well as all applicable:laws,rules and regulations of the United States,the State of Florida,and all agencies and political subdivisions thereof, including Without limitation, the National Electric Safety Code and the Occupational Safety & Health Administration regulations, standards, TITIM registem, directives or interpretations. 20. This Agreement includes and is subject to theprovisions described on the attached Addendum. The parties have executed this Agreement this /D day of ,20/4. Witnesses: FLORIDA POWER&LIG T COMPANY CC.- / AIWA .•4" er...."-- By: Signature: Its:Corporate Real Estate eager i Pri ' :in-/ ',mi.:. Nc- - At10.04-NA/ PtintNanto;Mark L Byers / 'Ally 4 It 4 /A ._.... ------- Signature: ,„-- Print Name: tolit -- A, i c4f-of-t.50/4 Witnesses: LICENSEE: LIVINGSTONTROFESSIONAL ... Signature: CENTER4LC By Its:Managing Member Print Name: titirtika 6/11.2-0:4 Print Name:Thomas M.Tayler , j,.4cto IA Ckil,04 VAlk"4 i Signature. Printllame: silhotoi e kayo) (Corperate Seal) .:, Veva.3740 Rev. 08/15 , i Page. 4 Of 8 • 1 ADDENDUM • Existing transmission conductor is 30 feet above ground.Distance will be reduced about 5ft.(25ft above ground)during transmission load increase. Licensee shall always maintain OSHA safety clearance of 20 feet between transmission conductor and equipment. • • • Form 3740 Rev. 08/15 Page 5 of 8 EXHIBIT"A" *** OR: 4105 PG: 2037 * >r EXIII DIT"A"-LP,GAL D8SCR1PTLON OF THE PROPERTY A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 13,TOWNSHIP 49 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 13,TOWNSHIP 49 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA;THENCE RUN S.00'15'37T.,ALONG THE EAST-LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1319.79 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.89°23'53'W.ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13,FOR A DISTANCE OF 120,01 FEET TO A POINT 120.00 FEET WESTERLY OF,AS MEASURED AT RIGHT ANGLES TO,THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13 AND THEpOINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.00°16'37"E.,PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13,FOR A DISTANCE OF 1321.49 FEET TO APOINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER F SAID SECTION 13; THENCE RUN SAID SECTION 3RALLEL IS H T. HE SOUTHEAST QUARTER OF �` HE MOST NORTHEASTERLY CORNER OF EATONWOOq 4N, 130.0'0 FOOGTON PARK P 1 F -flj QF-WAY,AS THE SAME IS SHOWNON THE PLATOF/KENS B ACCORDING TO THE PLAT THEREOF RECO96E 11�-PL-AT- O!T QI 28 T PAGcS ND 6 OF THE PUBLIC RECORDS OF COLLIE CON PL•QRI T ERU .8 50 i3"W.,ALONGTHE BOUNDARY OF SAID E JJN T JN-P A T R ;-B, OR A DISTANCE OF 390.00 FEET; THEN EU 0. 9 J0. e OUNDARY OF SAID KENSINGTON PARK HA HR E- , S�1 TSTA C 0 73 36 FEET TO A POINT ON THE SOUTH LINE !°f !: O ll RTE • S ECTION 3;THENCE RUN N.00°15'37"W.,A COIL THE BOUNDARY = SAI$ Kr 9� GTON PARK PHASE THREE-8, FOR A DIS NN OF 1160.79 FEE • H',1� ST NORTHEASTERLY CORNER OF SAID KE CION PARK PHA ' T -EE& ; THENCE CONTINUE N.00'15'37'W., ALONG 1 BOUNDARY OF K I ON PARK PHASE 3A ACCORDING TO THE PLA H Rt_QERECOR l=1 ° T BOOK 26 AT PAGES 61 AND 52 OF THE PUBLIC RECO.0 � i. d i FLORIDA,FORADISTANCE OF 17624 FEET TO A POINT ON H HO OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13;THENCE RUN S.89'23'63'E., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTEROF SAID SECT ION 13.FOR A DISTANCE OF 390.05 FEET TO THE POINT OF DEGINNING. 9/11/2006-Thomas Murphy S:U3randy Closings Hiwasse st Livingston Professional Center Warranty Deed (Page 1 of 2) Form 3/40 Rev. 08/15 Page 6 of 8 • EXHIBIT"B" Plans as attached • Form3740 Rev. 08/15 Page 7 of 8 1 104 { < ; egg Is . ..1—,<,,,4 a .A. 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Ny ! /7\ )) )) ( \( | ® •CI - . _ - e ! £� ■1 ----®- a� �� - � @ § ¢= e i� f-- e - I `0 CD \ \al 0Ii tt \e � `s| Is •J f | , |!� 0 " i� § |E� z _ p , ® �_ & eA �. P g . . _ _ 4' « �� § �§t / \ { zie h « \ 2 \ D. ! j 2 t", ` \ q.) . . ) ®\ t, @z `t , c) \,�\ � ,t) � " -\ R , \ % f ; \ k\ - . ! ; ° § ( » ! iYtt!if:` % 7.4 ° °w\ j\ % EXHIBIT"C" C • FPL' NOTIFICATION OF FPL FACILITIES Customer/Agency Date of Meeting/Contact: � __ _. DeveloperlConlrac:or Name Project Number/flame: LecaUcn of Project City: FPL Representative Phone: DovebpedConuactor Representative FPL Work Request#Nyork Order II: FPL cats your attention to the fact that there may be energized,high voltage electric Ines,both overhead and underground,located In the area of this project It Is Imperative that you visually survey the area and that you also take the necessary steps to identify all overhead and underground fealties prior to commencing construction to delernine whether the construction of any proposed Improvements wtti bring any person,tool,machinery,equipment or otbect closer to FPL's power roes than the OSHA-proscribed Irons. if it wii,you must either re-design your poled to alae it Co be built safely given the pre-exis6rg power line location, or make arrangements with FPL to either deenergize and ground our fedities,or relocate them,possibly at your expense.You must do this bolero allowing any construction near the power tines. It is Impossible far FR.to know orpredictwhelherornot the contractors orsubcontractors,and ther'employees,w''iloperate or use cranes,egging apparatus or other moble equipment,or handle materials or tools,to dangerous proximity to such paver lines during the course of construction,and,Aso,when and where.Therefore,If It becomes necessary for any contractor or subcontractor,or theft empkryees,io operate or handle cranes, dgging apparatus,dragines,moble equipment,or any other equipment,tools or materials in such a manner that they might come closet to underground or overhead parer lines than Is permitted by local,state or federal regulations,you and any such contractor or subcontractor must ratify FPL lo writing of such planned operation prior to the commencement thereof end make all necessary arrangements with FPL in order to carry out the work in a safe manner.Any work In the vicinity of the electric lines should be suspended until those arrangements are Onatired and Implemented. The National Electrical Safely Code('NESC')prescribes minimum clearances that must be maintained. If you bold your structure so that those clearances cannot be maiita'ned,you may be required to compon sato FPL for the relocation of our fatiities to comply with those clearances.As such,you should contact FPL prior to commencing construction near preexisting underground or overhead power Ines to make sure that your proposed Improvement does not Impinge upon the NESC clearances. Il Is your responeNlity and the responsRilty of your contractors and subcontractors on this prgect to dllgently hall the following of gatlons: t. Make absolutely certain that al persons responsible for operating or handing cranes,digging apparatus,draglines,mob3e equipment or any equipment,tool,or material capable of contacting a power Poe,are In comp lance with al applicable state and federal regulations,including but not lim`.led to US,Department of Labor OSHA Regulations,while performing their work, 2. Make sure(bald]cranes,digging apparatus,dragitn es,mobile equipment,and all other equipment or materials capable of contacting a power line have attached to them any warnkg signs required by U.S.Department of Labor OSIIA Regulations. 3. Post and maintain proper warning signs and advise all employees,new and old alike,of their obligation to keep themselves,their tools, materials and egtipmenl away from power Fnos per the lokreing OSHA m'i/mum approach dstances(refer to OSHA regulations for restrictions): 'Pose('Line Voltages "personnel and Equipment Cranes and Derricks Travel under or near Power tines(on oonstrucnlorsilo.noload) (29 CFR 1910.333 and 1026.8)01 (29 CFR 1926.1407,(403) (29CFR1926.600—Enurement) (1926.1411—Cranes and Derricks) 0.750 volts 10 Feet 10 Feet 4 Feet 4 Feel 751-50,000 volts 10 Feet 10 Feet 4 Feet 6 Feel 69,000 volts 11 Feel 15 Feet 10 Feet 10 Feet 115,000 volts i3 Feel 15 Feel t0 Feel 10 Feet 138,000 volts 13 Feel 15 Feet 10 Feet 10 Feet 230,000 volts 16 Feet 20 Feel 10 Feet 10 Feel 500,000 vats 25 Feet 25 Feet 16 Feet 16 Feet 'When uncertain elthe voltage,maintain a distance of 20 feat for voltages up to 350,000 volts and 50 feat for voltages greater than 350,000 volts. "For personnel approactiry Insulated secondary conductors less than 760 volts,and oontact{1MW.a'n 10 Feetio bare energized cccduclors less than 750 ve s).For qua!laid Fe/soros!and Insulated setae IA egriprent mee&ng reqs ements of 23 CFR 1910.333,distances may to reduce to these sheen In 29 CFR 1910.333 Tabu Dd. 4. All excavators are required to contact the Sunshine State One Cat of Florida,phone number 1.600-432.4770 or 811 a mlnInum of two working days (excluding weekends)in advance of commencement of excavation to ensure tallness are located accurately. 5. Conduct alt locations and excavations in accordance with the Florida Statute 556 of the Underground Fadlhies Damage Prevention 8,Safety Act and all local city and county ordinances that may apply. 6. 1Ahen an excavation Is to take place vrttic'n a Iderance zone,an excavator chal use increased caution to protect underground facilites. The protection requires hand d':gg;ng,pot boing,soft digging,vacuum methods,or similar procedures to Identify underground laclilies. • A copy of this notification must be pro/Aad by you 10 each contractor and subcontractor on this project,lobe shared with ther supervision and employees prior to commencing work on this project. means by*WO 0hnotiketonwas peduedtocustomer soar contractor Address ^•__�. - FPL Represan'aCve Signe luro Dale Came nOe brodConlradorRepresertetslSinature Gala Fenn Maier.te1,12) Form 3740 Rev. 08/15 Page 8 of 8 wim PROJECT: Western Interconnect—Livingston Professional Center Tax ID#00258974001 Accepted by BCC pursuant to Resolution 2010-39 TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS that LIVINGSTON PROFESSIONAL CENTER, L.L.C., a Florida limited liability company, whose post office address is: 719 Hickory Road, Naples, FL, 34108, hereinafter known as Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to it in hand paid, does hereby grant unto the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, as Grantee,the temporary license and right to enter upon the lands of the Grantor,for the express purpose of: Facilitating construction of wastewater facilities, such as to staging of piping, appurtenances, and trench excavation and backfill materials. ALL RIGHT AND PRIVILEGE herein granted shall terminate one year beyond the official acceptance of the public improvements by the Board of County Commissioners of Collier County, Florida, or on completion of the project, whichever occurs first for the property described in Exhibit"A." ADDITIONALLY, the rights and interest conveyed hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the lands described in Exhibit"A". Grantee further agrees that it shall, at the Grantee's cost, repair any damage caused to Grantor's property as a result of Grantee's negligence. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name this _day of , 2017. WITNESSES: LIVINGSTON PROFESSIONAL Witness(Signature) CENTER, L.L.C., a Florida limited liability company Witness Name(Print) BY: Witness(Signature) Thomas M. Taylor, Its Manager Witness Name(Print) gy�; STATE OF FLORIDA COUNTY OF COLLIER The foregoing Temporary Construction Easement was acknowledged before me this day of , 2017 by Thomas M. Taylor, as Manager on behalf of Livingston Professional Center, L.L.C., a Florida limited liability company, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this day of ,2017. (affik notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission#:(if any) My Commission Expires: Approved as to form and legality: Jennifer A. Belpedio,Assistant County Attorney it EXHIBIT "A" A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA;THENCE RUN S0t)'15'37"E, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13,FOR A DISTANCE OF 1319.79 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N89`23'53'W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 120.01 FEET TO THE A POINT 120.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 120.01 FEET TO A POINT 120.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S00'15'37"E, PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1321.49 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S00'09'47"E, PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 73.69 FEET TO THE MOST NORTHEASTERLY CORNER OF EATONWOOD LANE, A 130.00 FOOT RIGHT-OF-WAY, AS THE SAME4110 IS SHOWN ON THE PLAT OF KENSINGTON PARK, PHASE THREE-B, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 5 AND 8 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S89'50'13"V11, ALONG THE BOUNDARY OF SAID KENSINGTON PARK PHASE THREE-B, FOR A DISTANCE OF 390.00 FEET; THENCE RUN N00'09'47"W, ALONG THE BOUNDARY OF SAID KENSINGTON PARK PHASE THREE-B, FOR A DISTANCE OF 73.36 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N00`15'37"W, ALONG THE BOUNDARY OF SAID KENSINGTON PARK PHASE THREE-B, FOR A DISTANCE OF 1150.79 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID KENSINGTON PARK PHASE THREE- B; THENCE CONTINUE N00'15'37'W, ALONG THE BOUNDARY OF KENSINGTON PARK PHASE 3A ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 51 AND 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 176.24 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S89'23'53"E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 390.05 FEET TO THE POINT OF BEGINNING. INSTR 5453459 OR 5435 PG 3562 RECORDED 9/29/2017 4:08 PM PAGES 6 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $52.50 . _ ,.,e_3 .._______ eCJl ' . . PROJECT: Western Interconnect—Livingston Professional Center Tax ID#00268974001 Accepted by BCC pursuant to Resolution 2010-39 TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS that LIVINGSTON PROFESSIONAL CENTER, L.L.C., a Florida limited liability company,whose mailing address 719 Hickory Road, Naples, FL 34108, and LOCKUP--TAYLOR JV LLC, a Delaware limited liability company, whose mailing address is do A & R Management, Inc., 800 Frontage Road, Northfield, Illinois 60093 (hereinafter collectively referred to as "Grantor"), for and in consideration of Ten Dollars ($10.00) and other valuable consideration to it in hand paid, does hereby grant unto the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVE, M BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, wh e�gias't -•it, s,:• is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34, rD, rantee, the - 4 ary license and right to enter upon the lands of the Grantor', a express purpose • ' Facilitating constry'ctio of iia w atel fa tc llt'--s, suc as o staging of - .« :. ,-. -ti' a--e •Y' ckfil materials. piping, appurtena ce '✓'a . 11 ALL RIGHT AN - I E,(J =i R ted :h:II t [m nate one year beyond the official acceptance :•.f 'he--' pu• i • .'.eme 4 Je Board of County Commissioners of Collier ty, Florida, or on • p -ti the project, whichever occurs first for the property s ibed in Exhibit"A:4 0 "t c ADDITIONALLY, the - Qd interest 9J,gnvelhereunder are conditioned upon the reasonable exercise th of y ■t ate ,agrees not to unreasonably interfere with Grantor's use of the Ian�l ,•_.-,•• • -t"-xhibit"A". Grantee further agrees that it shall, at the Grantee's cost, repair any damage caused to Grantor's property as a result of Grantee's negligence. IN WITNESS WHERcOF, the Grantor has caused these presents to be executed 'n its name this 22 day of S07e.-r4F1 , 2017. WITN ES: LIVINGSTON PROFESSIONAL CENTER, Witness#1 (Signature) L.L.C., a Florida limited liability company 1444k H. M(Vor& Printed Name of Witness#1j�.� BY: Thomas M.Taylor, Its Manager et ss#2( nature) ROkr M9 f,SaitJ Printed Name of Witness#2 Q) OR 5435 PG 3563 - _ I ' STATE OF FLORIDA COUNTY OF COLLIER The foregoing Temporary Construction Easement was acknowledged before me this 246= day of ' itni- , 2017 by Thomas M. Taylor, as Manager on behalf of LM •stop Professional Center, L.L.C., a Florida limited liability company, who is personally known to me or who has produced as identification. nriidVI WITNESS my hand and official seal this ort day off* 2017. 1 (affix notarial seal) N/`�.m C) Ig' re of Na=ry Pum' ""' RORI MORRISON y "s/) 141.1, MY COMMISSION#GG 006188 Print =�- e�_Nota Public 5 ,',,c, EXPIRES:August 4,2020 .M p i74;8•00 Bonded Thru Nosy Public Underwriters • +��• — — — S-Ft :,lw I y E 00(0 (D c ) C ' •_Exp .. ; rf5'A ® ' •'. "� AYLOR JV LLC, are limited liability company CI ' ` -- AP , ..0 1_ , !' `:` _ By:A&R Management, Inc., tn.-=sr•1 ,natuure). an Illinois co .oration, Its Manager illih t u-- ( � � 11(Ck- L �i 1• /AO nuts('Name of Witness#1 By: i N,/ e: i'/!f?i111.17C27—t# Title: Vie Witness#2 �� of-SS Wo AG L..c),---LO Printed Name of Witness#2 , f . ...An Pati OR 5435 PG 3564 STATE OF ILLINOIS COUNTY OF COOK The foregoing Tempora , " • •' Easement was e,c owled•e• before m is ?�day of 0 !vUxyAp , 2017 by .1 �► the o A & R anagement, Inc., an Illinois corporation, as Manager on behalf of Lock Up – Taylor JV LLC, a Delaware limited liability company, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this —day of,rn4Q,nalt-,;b 2017. k- A (affix notarial seal) /////``` ea 1 �`� ihieN OFFICIAL SEAL +iat,Jame o '• Public) JUDY ANN RIGHTER !VT•,; f'`,BL--IC NOTARY PUBLIC,STATE OF ILLI OIS ' a ► 'n My Commission Expires Sep 20,202• M Ci _c , pi'::. 10r�,2fflir. .�, Approved as to form and legality. Jennifer •, Belpedio, ounty A Q• • OR 5435 PG 3565 D EXHIBIT "A" THE WEST 125 FEET (FLORIDA POWER AND LIGHT COMPANY EASEMENT (OR BOOK 429, PAGE 354)) OF THE FOLLOWING DESCRIBED PROPERTY: A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY., FLORIDA;THENCE RUN S00°15'37"E, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1319.79 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST •!J°'urt1 t °ID SECTION 13; THENCE RUN N89°23'53"W ALONG THE SO �1 NS41 - s11, THEAST QUARTER OF THE NORTHEAST QUARTER OF : •e) : CTION 13, o- aISTANCE OF 120.01 FEET TO THE A POINT 120.00 F. '+ESTERLY OF, AS .AS k•RED.AT RIGHT ANGLES TO, THE EAST LINE OFT E •IT. ° • - e. 'TER • S'ID SECTION 13, FOR A DISTANCE OF 120.01 ' E TO '+ T 12+.00 E WESTERLY OF, AS MEASURED AT RIGHT A I iraqtAKj l OF THE NORTHEAST QUARTER OF SAID SEC 10 13 A u •L•�+� .eti� <J.IN ING OF THE PARCEL OF LAND HEREIN DES•N : a ! . . ei7LSO PM: : PARALLEL WITH THE EAST LINE OF THE N:• HEAST QUART O S° ; ECTION 13, FOR A DISTANCE OF 1321.49t,,_,.`4" T TO A POINT.$ T .... =OUTH LINE OF THE NORTHEAST QUARTER s: .AID SECTIONCE RUN S00°09'47"E, PARALLEL WITH THE EA OF THE S•. '. ST QUARTER OF SAID SECTION 13, FOR A DISTANC. • •• -E MOST NORTHEASTERLY CORNER OF EATONWOOD LAN , 'Ai !. �.o" IGHT-OF-WAY, AS THE SAME IS SHOWN ON THE PLAT OF KENSINGTON PARK, PHASE THREE-B, ACCORDING TO THE PLAT THEREOF RECORDED.IN PLAT BOOK 28 AT PAGES 5 AND 6 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S89°50'13"W, ALONG THE BOUNDARY OF SAID KENSINGTON PARK PHASE THREE-B, FOR A DISTANCE OF 390.00 FEET; THENCE RUN N00°09'47"W, ALONG THE.BOUNDARY OF SAID KENSINGTON PARK PHASE THREE-B, FOR A DISTANCE OF 73.36 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N00°15'37"W, ALONG THE BOUNDARY OF SAID KENSINGTON PARK PHASE THREE-B, FOR A DISTANCE OF 1150.79 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID KENSINGTON PARK PHASE THREE- B; THENCE CONTINUE NO01 5'37"W, ALONG THE BOUNDARY OF KENSINGTON PARK PHASE 3A ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 51 AND 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 176.24 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S89°23'53"E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 390.05 FEET TO THE POINT OF BEGINNING. OR 5435 PG 3566 ALONG WITH, APPROXIMATELY 15' ON EITHER SIDE OF THE SOUTHERN EAST/WEST LEG OF THE PROPOSED 8"FORCE MAIN, AS SHOWN S11tiA.,,t.4...G.:_HIED BELOW: , .----- .--- •:rt-atitt...;teingri , •. • ,,_••••• ‘• •:i.,,i,..,,„ 1 4 i i ,i- -?,.•:-...- i i i 1 ..,....,., . i . i i• ! Lt,...tittGiTt t•- . 7.41—V,-.1,01 '..' ''.:1 ,:teztt, t ,...,... : . i :.',.••g ...,.,i..."11:.** „ ,..7:;':;:.IT .1,,L1,1 •,,e Alt, ,.... i ,.•,,..,„:, I 0 e t I'1.144-39'29 ttkAgi.. i ! 4?;•4:, i I z r 1 1 > P. _j: .47,:-:4, ;.•., _ 1. -I, '.J.,•*r -14 A J. r i -,,,,,,, .,6. t.,-'5.•00 ,, t, - . i • I 1 . *..R. '''42',.'f.;,.. ..... 78 EIBLI: .1.•:,;1b2.. *,170'*.,,... . -.41' ::',..:vr ; ,..4...**541,..)i,,A.4.,1.6.5.r,,-,),,lAr ''.S •' SAY t 1, , f i 1 KoT A larva 711RoCI, i.. - WAS?090R a-m 1 1 we.Qcrrr ccR-.4 . to lwc (1 Cr v./ ,' 00,10 atm, rtuA "•,•=r i rpm. 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MI.0 is. ? kif0 aa1.4t,A0004I toiEla•I Naa,s,ky.4 ,a••••••••••••••••••••••••.j...mmoi•••••••m.••••,•• •••••10 . . .- ,..., • faaf•faafi,taartafe0,ar.oa PAY SKETCH TO ACCOMPANY pest/um-low (..)1 iNs-,(....11N ard:74:41' .,1 s4clioN 13,tOvoatalak9 al,SOU/4k Pt*/.30 Zit LAST . ...awl talk":.al-0133 COLLAR COUNTY.FUIRADA , . . , ENGINEERING ,... 0,,.t It OW: %.,,,I, r."... r„.. r 1,...„„ .._,...,, ?taffaco..ha, ,a-olf....rk et•st. , . Best Available Image .. *** OR 5435 PG 3567 *** C AND ALSO,THE WESTERLY 15' ADJACENT TO THE EXISTING 8" FORCE MAIN AS SHOWN BELOW: Num a.vu.w+myna n r 110114 NOT�A SURVEY ABBREVIATIONS ROB O A1 WORM BOOK COM OF POB.PAGE OF DEMON-- - tdEN 0.FL 4105 PG. 2035 SEC. sErroi S LIE OF Tt#NE/ th OF TIE I.E. 1/4, 1 3 set 13-4E-23E UNE Tar 1 i UN OM= tpGDt I t tt >f eurrE 11103 13 .w scaory iLs i Co w =rot 19T74' solarart u&5 o IOC 300 I '41:#* - u sonort IN.10 • i a W3tl I24r t t i S Z FAST •. OF TIE 9o0'tE'i3Y 4043 4 ....if Sf5013'8 tSAD i1110 t>ostu'la9E 4400 Mor24.31t 141.41 SCUM MAE of TIE 9 " ! ). 1 Var$03 W 14133 Nt. 1/4,SEG. tItLO .1; t.3-49S-25E I Q 12 MOD41td 1 $44.12 Lis ien2.47111 Mt. 110312011 SOUS EATONWOOD LANE 4+ — i � `J Cts sear fait 3E4 = E1 CIRC LEGAL DESCRIPTION: A PARCEL OF t.AHO LYING IN THE EAST HALF OF SECTION 13, TOWNSHIP 40 SOUTH, RANGE 25 EAST, CCLL1ER COUHJY FLORIO( BEING A PORTION OF THE PARCEi. oicsc 88EO) IN OFrct o. RECORDS 800K 4105, PAGE 2038, OF THE PLASM RECORDS OF SAID COWER COUNTY. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: wilINING AT THE NORTHEAST CORNER OF SAID PARCEL DESCRIBED 111 OFMAL R EGORD6 900K 4105. PAX 2035, THENCE MONO THE EASTERLY BOUNDARY OF SAID PARCEL AAAA WEST 11/W LMIMGSTORN ROAD) RUN 59715`37`E FOR A DISTANCE OF 188.35 FEET: THENCE LFAYING SND asiver BOUNDARY RUN SO3`O4 Z7`W FOR A DISTANCE OF 18.35 FEET; THENCE.RUN SCO'22`4T"E FOR A OOSTANCE OF 197.74 FEET; THENCE RUN S00'01'O2 E FOR A OSTANCE OF 194,15 FEET THENCE RUN 50010.50E FORA DISTANCE OF 161.80 FEET: THENCE RUN 831'24'31`W FOR A DISTANCE OF 18527 FEET; THENCE RUN SOO'19'13'W ft* A DISTANCE OF 44943 FEET,TO A POINT ON THE SOUTHERLY BOUNDARY CF SW PARCEL.OBD UK OFFICIAL RECORDS BOOK 4105, PARE 2035 (AICA NORTH R/W EATONW000 LANE); THENCE ALONG SAID SOUTHERLY 6O1*EIARY RUN SffC'So'I3"W FOR A DISTANCE OF 15.00 RM 'newt LAVING SNO SOIJTHEXY BOUNDARY RUN NOCTt9'13'E FOR A DISTANCE OF 449.90 FEET: THENCE RUN NO1'24'31'E FOR A DISTANCE OF 185,21 FEET:MENGE RUN r40010.50W FOR A DISTANCE OF 16142 FEET:THENCE RUN 1400'01'02'W.FORA DISTANCE OF 194.12 FM 1NocE PONNRT ON AHE Y BOUNDARY or F SSA D PPAR,15 CEL D EED iT1THENCE RuN q RFOoms sou 4105?PAGE:2033• A THENCE ALONG SAID NORTHERLY BOUNDARY RUN Ser 23'SS'E FOR A DSTANCCE OF 3.94 FEET, TO THE POYA CF REOPINIlO OF THE FARM, HERON DESCR&ED. CONTAINING 14,200,37 SQUARE FEET. OVtak.w.Ra HOLE MONTES, INC., CERTIFICATE OF AUTHORIZATION NUMBER L8 1772 1o.~iw BY t_ test. PSM "5626 k+: RPM THOMAS AL 1.4 ter'" T" STATE OF FLORIDA s �_,�!• }J,� YI'!I�{gyp '>am ,t. I I17 ron 4260Al. *.n Tt. ` RIOT F1aF> 4AI 200 SKETCH AND LEGAL DESCRIPTION akt-1 of h 4.000____w.. 1.. sol&on w..0772 IIMI�clF+r Best Available Image Western interconnect—Livingston Pro Livingston Professional Center Tax ID#00258874001 Accepted by BCC pursuant to Resolution 2010-38 DONATION AGREEMENT THiS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between LIVINGSTON PROFESSIONAL CENTER, L.L.C., a Florida limited liability company, whose mailing address 719 Hickory Road, Naples, FL 34108, and LOCK UP — TAYLOR JV LLC, a Delaware limited liability company, whose mailing address is c/a A & R Management, Inc., 800 Frontage Road, Northfield, Illinois 60093(hereinafter collectively referred to as"Owner"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "District"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356. WITNESSETH: WHEREAS, District has requested that Owner convey to the District a perpetual, non-exclusive easement for the purpose of access, installation, and maintenance of utility facilities and other utility appurtenances, over, under, upon and across the lands described in Exhibit"A" (said easement hereinafter referred to as the "Utility Easement" and said lands hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, District has requested that Owner grant to the District a Temporary Construction Easement for the purpose of access and right to enter over,upon and across the lands described in Exhibit "B" (said Temporary Construction Easement hereinafter referred to as the"TCE"), which is attached hereto and made a part of this Agreement; WHEREAS, District has requested that Owner grant to the District a non-exclusive easement for the purpose of access, installation, and maintenance of utility facilities and other utility appurtenances, over, under, upon and across the lands described in Exhibit "C" (said easement hereinafter referred to as the "Livingston Utility Easement"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Utility Easement, the TCE and the Livingston Utility Easement to District for the stated purposes,on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the District for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by District; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars fi ($10.00), and other good and valuable consideration,the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1 ''�Y. } 1. Owner shall convey the Property via the Utility Easement and grant the TCE and the Livingston Utility Easement to District at no cost to the District, unless otherwise 411! stated herein. 2. Owner shall grant, at no cost to Collier County, an easement to allow a 10-foot 1 wide bike path/sidewalk generally along the existing FPL service road and within the Utility Easement upon the request of Collier County. The location of the bike path/sidewalk shall be consistent with the alignments for the County's proposed bike path/sidewalk system. The bike path/sidewalk shall be located within the Utility Easement. Construction of the bike path/sidewalk, as well as installation of any associated landscaping, shall be the responsibility of Collier County. 3. As set forth in the Utility Easement,the Owner shall grant, at no cost to District, a 20-foot wide easement within the FPL easement to accommodate both the relocation of the existing 8-inch force main encroaching on the property along the Livingston Road frontage, and a new 24-inch force main necessary to connect the North and South Regional Water Reclamation Facilities. The District will not credit or reimburse the Owner for connection costs. if the 8"force main is not relocated by the time wastewater service is needed by Owner, Owner must extend the force main stub-out to the 20' Collier County Utility Easement, and the District will complete the connection upon relocation of the force main.The Owner shall be responsible for any cost to make the connection to the existing 8-inch force main should that occur prior to relocation of that force main. 4. As set forth in the Utility Easement, the Owner shall grant, at no cost to District, a 15-foot wide easement located adjacent to Eatonwood Lane to provide for connection to the relocated 8-inch force main. 5. As set forth in the Livingston Utility Easement,the Owner shall grant,at no cost to the District, a temporary easement to the District for the existing 8-inch force main encroaching on the property along the Livingston Road frontage. The temporary easement shall expire after the force main is relocated by the District. 5. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to District on or before the date of Closing. 6. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty(60) days from the date District executes this Agreement; provided; however, that District shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting District's enjoyment of the Property. 7. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 2 8. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws;that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the District;that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the District,that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation,storage,treatment,spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. Owner shall indemnify,defend,save and hold harmless the District against and from, and to reimburse the District with respect to,any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the District by reason or arising out of the breach of Owner's representation under Section 8. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 10. The District shall pay for ail costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. District shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination; Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by District. 11. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives,successors,successor trustees,and/or assignees,whenever the context so requires or admits. 12. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 13. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to District, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 3 y. i 14. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Owner has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO DISTRICT: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BY: ,Deputy Clerk PENNY TAYLOR, Chairman l •i Approved as to form and legality: I l Jennifer A. Belpedio,Assistant County Attorney r'1 4)i? ebtle � I 4 W•� AS TO OWNER: LIVINGSTON PROFESSIONAL CENTER, Witness#1 (Signature) L.L.G., a Florida limited liability company Printed Name of Witness#1 BY: Thomas M. Taylor, Its Manager Witness#2(Signature) Printed Name of Witness#2 LOCK UP—TAYLOR JV LLC, a Delaware limited liability company By:A& R Management, Inc., Witness#1 (Signature) an Illinois corporation, Its Manager Printed Name of Witness#1 By: Name: Title: Witness#2 Printed Name of Witness#2 5 f I .� z - liBg _` i Western Interconnect—Livingston Pro P r, t _ of $� Aughi Livingston Professional Center Tax ID#00258974001 -01 Accepted by BCC pursuant to Resolution 2010-39 UTILITY EASEMENT THIS EASEMENT, made and entered into this day of , 2017, between LIVINGSTON PROFESSIONAL CENTER, L.L.C., a Florida limited liability company, whose mailing address 719 Hickory Road, Naples, FL 34108, and LOCK UP — TAYLOR JV LLC, a Delaware limited liability company, whose mailing address is do A & R Management, Inc., 800 Frontage Road, Northfield, Illinois 60093, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, as Grantee. 0 (Wherever used heroin the terms"Grantor"and"Grantee"Include all the parties to this instrument and their respective heirs,legal representatives,suooessors or assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a non-exclusive easement, license, and privilege for utility purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A"which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials, including, but not limited to, sewer lines and pipes, service and pump stations, and other equipment or improvements i appurtenant thereto or there under, for the purpose of constructing, operating, and 3 l maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. WITNESSES: LIVINGSTON PROFESSIONAL CENTER, Witness#1 (Signature) L.L.C., a Florida limited liability company Printed Name of Witness#1 BY: Thomas M. Taylor, Its Manager Witness#2(Signature) Printed Name of Witness#2 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Utility Easement was acknowledged before me this day of , 2017 by Thomas M. Taylor, as Manager on behalf of Livingston Professional Center, L.L.C., a Florida limited liability company, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this day of , 2017. (affix notarial seat) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC SerialCommission#:(if any) My Commission Expires: ll LOCK UP—TAYLOR JV LLC, a Delaware limited liability company By:A& R Management, Inc., Wrtness#1 (Signature) an Illinois corporation, Its Manager Printed Name of Witness#1 By: Name: Title: Witness#2 Printed Name of Witness#2 STATE OF ILLINOIS COUNTY OF COOK The foregoing Utility Easement was acknowledged before me this day of , 2017 by , the of A & R Management, Inc., an Illinois corporation, as Manager on behalf of Lock Up—Taylor JV LLC, a Delaware limited liability company, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this day of , 2017. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission#:(if any) My Commission Expires: Approved as to form and legality: Jennifer A. Belpedio, Assistant County Attorney )r�� ,IA =I 0 DESCRIPTION page I___ of . __- PARCEL OF LAND SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST COWER COUNTY, FLORIDA A TRACT OR PARCEL OF LAND LYING IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHEAST CORNER OF THE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE WEST RIGHT-OF-WAY OF LIVINGSTON ROAD, THENCE S.0014'35"E. ALONG SAID WEST RIGHT-OF-WAY, A DISTANCE OF 55.50 FEET; THENCE N.69'22'52"W. DEPARTING SAID RIGHT-OF-WAY, A DISTANCE OF 5.00 FEET; THENCE. N.0014'36"W., A DISTANCE OF 55.50 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID DESCRIBED LANDS; THENCE S.89'72'52"E. ALONG SAID NORTH LINE, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. P.Q.B. INTERSECTION OF DE NORTHEAST CONN OF THE LANDS OESAITIIISED IN:OVAL RECORDS ROOK 4103, PAGE 1035, LUJ. R COUNTY, FLORIDA AND k DE NEST R.t IT-OF-W4Y OI LUWTOSTOY RD G S89112`52°E 5.00' A ii 74 an 1. ) its Ari in g w 1, -9H- S F a PARCEL No, 0025074001 4 :i 1 LIH GSION ARO IXNIIERR LCC • - 4105; PG 2035) Z 124 Z 0 olo iso (INTENDED sISFLl•YYSSCALE: 1$.40') ° `5 .W 4 NEST RIGHT-OF-WAY 0 Zi 6 Z 4 r NOT A SURVEY FM I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE h- • AND BELIEF, THAT THE LEGAL DESCRIPTION AND • ATTACHED SKETCH WERE PREPARED IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF CHAPTER 5J-17.05. FLORIDA ADMINISTRATIVE CODE, PURSUANT t TO CHAPTER 472, FLORIDA STATUTES. ' NOTES: ___- ___ _ __ 1. BEARINGS SHOWN HEREON ARE BASED ON THE WEST BARRY YREN (FOR FIRM L.B. 642) RIGHT-OF-WAY OF LIVINGSTON ROAD, WHEREIN SAID WEST • PROFESSIONAL SURVEYOR AND MAPPER RIGHT-OF-WAY BEARS S.00'14'36.E. • FLORIDA CERTIFICATE NO. 5365 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO K -Z I ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT DATE SIGNED: PARCEL. — — --" -� -- 3. PARCEL CONTAINS 278 SQUARE FEET (0.006 ACRES) MORE OR 1NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL 4 LESS. ® POINT OF BEGINNING . RAISED SEAL OF A FLORIDA LICENSED SJRVEYOP 5. ORB .. OFFICIAL RECORDS BOOK AND MAPPER. 6. PG . PAGE JOHNSON ENGINEERING,E 34Nuc. SKETCH TO ACCOMPANY DESCRIPTION (° 2 FLORIDAiI K COURT SECTION 13,TOWNSHIP 49 SOUTH,RANGE 25 EAST I PHONE: (230) 434-0333 CALUER COUNTY,FLORIDA B 3 4``...- ENGINEERING ii * X2 °4_,3.17 j2OUM ND. 1 i`-.n-2S is .1r" .40. OF I MATCHLINE SHEET 2 Ki EXHIBIT 'il ''ji. NTr o " O 30 60 N. M (INTENDED DISPLAY SCALE: 1'..60') w c U7 U7 in 117 eV N PARCEL No. 00258974001 o o LIVINGSTON PRO CENTER LLC Q z 0 (DRB 4105, PG 2035) 4 LINE TABLE H LINE BEARING DISTANCE Cl1 S L1 S44'39'29"W 50.98' Z ,Copt�h. M£sr RICHT-OF-WAY a N.,I\ (BASIS OF BEARINGS) 0) WI LU I- E u in 0. CV Uj P 0 b N89°5114"E 202.26' w 0 I Z z io to y .T S89°51'14"W 191.26' J c N 0 o PARCEL No. 52731003023 NOO°12'03"E 7.50' co i KENSINGTON PARK USTR ASsi1 INC -S89°51'14°W 15.00' g (ORB 33G2, PG 2824) S89°51'14"W 25.97' s 1 NOT A SURVEY P.O.B. 1-1 I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE WIERSECDON OF THE SOUTHEAST CORNER OF NE g AND BELIEF, THAT THE LEGAL OF PY AND LANDS DESCRIBED IN OFFICIAL RECORDS BOO"! tATTACHED SKETCH WERE PREPARED IN ACCORDANCE 4105' PAGE 2035, COLC/ER COUNTY, FIORADA WITH THE APPLICABLE PROVISIONS OF CHAPTER ME WEST RIGHT-OF-WAY OF Ut9NGSTrAl RD £ i 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT 8 TO CHAPTER 472, FLORIDA STATUTES. 8 NOTES: a � L 1. BEARINGS SHOWN HEREON ARE BASED ON THE WEST _ ___ RIGHT-OF-WAY OF LIVINGSTON ROAD, WHEREIN SAID WEST BARRY SYREN (FOR HE FIRM L.B. 642; RIGHT-OF-WAY BEARS 5.00'08'46"E. PROFESSIONAL SURVEYOR' AND MAPPER 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO FLORIDA CERTIFICATE NO. 5365 ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL. f DATE SIGNED: 5 . ,7-_V ___�_____ 3. PARCEL CONTAINS 32.952 SQUARE FEET (0,76 ACRES) MORE OR 5-5, LE55. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL 4. P.O.B. = POINT OF BEGINNING RAISED SEAL OFA FLORIDA LICENSED SURVEYOR 5• ORB = OFFICIAL RECORDS BOOK 6. PG = PAGE Z AND MAPPER. 7. NOT VALID WITHOUT SHEETS 1 THROUGH 4 OF 4. rAI.�Y. JOHNSON E LORID 34 INC. SKETCH TO ACCOMPANY DESCRIPTION JOHNS(f) 2350 STANFORD COURT SECTION 13,TOWNSHIP 49 SOUTH,RANGE 25 EAST NAPLES, FLORIDA 341120 r PHONE: (239) 434-0333 COLLIER COUNTY,FLORIDA ENGINEERING FAX" (239) 334-3661 DATE PROJECT NO. FllE NO. SCALE EI E.B. f642 & L8. 1642 04-13-17 120149700-1051 13-49-25 11-=60' I OF 4 V a: . MATCHLINESF4EET3 1 i- EX i�1 B11'� °. flag°_,,..3._.n=._r L5 0 15 30 60 I maim (INTENDED DISPLAY SCALE: 1"<60`) N Q1 b - v- c p •- co E r. W Q I u7 PARCEL Na 00258274001 1'`i I O C.4 L119NGSTON 121/0 CENTER LLC 0 2 (ORB 4705, PC 2015) 4 N U3 0 ift 4 1 a C 0 u a N 0 8 n w i i I C g 8 IMATCHLINE SHEET 1 . *NOT VALID WITHOUT SHEETS 1 THROUGH 4 OF 4. JOHNSON ENGINEERING, INC. SKETCH TO ACCOMPANY DESCRIPTION i ( 1 1 I ��� NAPESTFLORIIDDA COURT 34112 SECTION 13,TOWNSHIP 49 SOUTH,RANGE 25 EAST PHONE: (239) 434-0333 COLLIER COUNTY,FLORIDA FAx (239) 334-3661 ENGINEERING DATE .ECT N0. FDE N0. sc aE MEeT E.B. X642 9c L.B. X642 04-13-17 20149700-105, 13-49-25 I 1'=60' 2 or 4 AM, rS89°22152"E 22.42' ori S0063T08'W 5.56' ° � I J 7 ` .of 0 15 30 60 AMMEM(INTENDED DISPLAY SCALE: 1-=60') t p.: N q 7 z O PARCEL Na 00258974001 E-1 LIVINGSTON PRO CENTER LLC U1 8 T os (ORB 4105 PC 2035) 0 N N o 8 N o� g cn m � A F' N O 8 n m r O N O N b U C O S NIATCHLINE SHEET 2 *NOT \4WD WITHOUT SHEETS 1 THROUGH 4 OF 4. i l I I JOHNSON ENGINEERING, INC. SKETCH TO ACCOMPANY DESCRIPTION ( � / I I\ `,(•' 2NAP S STANFORD COURT41SECTION 13,TOWNSHIP 49 SOUTH,RANGE 25 EAST J • PHONE: (239j 434-0333 COWER COUNTY,FLORIDA ENGINEERING E.B. #C6429�3t B /642 DATE 4-13-17 [2p 9700-•1051 3--449-25 [ =60' 3 OF 4 V DESCRIPTION PARCEL OF LAND SECTION 13. TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA A TRACT OR PARCEL OF LAND LYING IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHEAST CORNER OF THE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE WEST RIGHT-OF-WAY OF LIVINGSTON ROAD, THENCE S.89`51'14"W. ALONG THE SOUTH UNE OF SAID DESCRIBED LANDS, A DISTANCE OF 25.97 FEET; THENCE N.0012'03"E. DEPARTING SAID SOUTH LINE, A DISTANCE OF 7.50 FEET; THENCE S.89`51'14"W., A DISTANCE OF 191.26 FEET; THENCE N.00'25'57"W., A DISTANCE OF 93.70 FEET; THENCE S.44'39'29"W., A DISTANCE OF 50.98 FEET; THENCE 5:00'08'46"E., A DISTANCE OF 65.03 FEET TO AN INTERSECTION WITH SAID SOUTH LINE OF SAID DESCRIBED LANDS; THENCE S.89'51'14"W. ALONG SAID SOUTH LINE, A DISTANCE OF 15.00 FEET; THENCE N.00'08'46"W. DEPARTING SAID SOUTH LINE, A DISTANCE OF 71.21 FEET; THENCE N.44'39'29"E., A DISTANCE OF 65.06 FEET; THENCE N.00'25'57"W., A DISTANCE OF 1,214.92 FEET; THENCE N.44'34'03"E., A DISTANCE OF 91.57 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID DESCRIBED LANDS; THENCE S.89`22'52"E. ALONG SAID NORTH LINE, A DISTANCE OF 22.42 FEET; THENCE A S.00'37'08"W. DEPARTING SAID NORTH LINE, A DISTANCE OF 5.56 FEET; THENCE S.44.34'03"W., A DISTANCE OF 94,85 FEET; THENCE S.0O'25'57"E., A DISTANCE OF 1,301.60 FEET; THENCE N.89'51'14"E., A DISTANCE OF .202.26 FEET TO AN INTERSECTION WITH SAID WEST RIGHT-OF-WAY LINE OF LIVINGSTON ROAD; THENCE S.00`08`46"E. ALONG SAID LINE, A DISTANCE OF 22.50 FEET TO THE POINT OF BEGINNING. CONTAINING 32,952 SQUARE FEET OR 0.76 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON ARE BASED ON THE WEST RIGHT-OF-WAY OF LIVINGSTON ROAD, WHEREIN SAID WEST RIGHT-OF-WAY BEARS N.0O'08'46"W. 0 or F o♦ Na *NOT V410 WITHOUT SHEETS .1 THROUGH 4 OF 4. J > I I N ()\ JOHNSON ENGINEERC�1G, INC. 2350 STANFORD COURT DESCRIPTION NAPLES. FLORIDA 34112 PHONE:�Z(239) 434-0333 ENGINEERING £0. 334-3961 42 GATE ao ►r a ea 04-13-17 20149700-105 13-49-25 rN/A 4 OF 4 PROJECT: Western Interconnect—Livingston Professional Center P I- ._of--- Tax ID#00258974001 Accepted by BCC pursuant to Resolution 2010-39 TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS that LIVINGSTON PROFESSIONAL CENTER, L.L.C., a Florida limited liability company,whose mailing address 719 Hickory Road, Naples, FL 34108, and LOCK UP—TAYLOR JV LLC, a Delaware limited liability company, whose mailing address is do A & R Management, Inc., 800 Frontage Road, Northfield, Illinois 60093 (hereinafter collectively referred to as "Grantor"), for and in consideration of Ten Dollars ($10.00) and other valuable consideration to it in hand paid, does hereby grant unto the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, as Grantee, the temporary license and right to enter upon the lands of the Grantor, for the express purpose of: Facilitating construction of wastewater facilities, such as to staging of piping, appurtenances, and trench excavation and backfill materials. ALL RIGHT AND PRIVILEGE herein granted shall terminate one year beyond the official acceptance of the public improvements by the Board of County Commissioners of Collier County, Florida, or on completion of the project, whichever occurs first for the property described in Exhibit"A." ADDITIONALLY, the rights and interest conveyed hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the lands described in Exhibit"A". Grantee further agrees that it shall, at the Grantee's cost, repair any damage caused to Grantor's property as a result of Grantee's negligence. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name this day of , 2017. WITNESSES: LIVINGSTON PROFESSIONAL CENTER, Witness#1 (Signature) L.L.C., a Florida limited liability company Printed Name of Witness#1 BY: Thomas M.Taylor, Its Manager Witness#2(Signature) Printed Name of Witness#2 3 t 1 / • STATE OF FLORIDA COUNTY OF COLLIER The foregoing Temporary Construction Easement was acknowledged before me this day of , 2017 by Thomas M. Taylor, as Manager on behalf of Livingston Professional Center, L.L.C., a Florida limited liability company, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this day of 2017. • (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission#:(if any) My Commission Expires: LOCK UP—TAYLOR JV LLC, a Delaware limited liability company By: A& R Management, Inc., Witness#1 (Signature) an Illinois corporation, Its Manager Printed Name of Witness#1 By: Name: Title: Witness#2 Printed Name of Witness#2 S STATE OF ILLINOIS COUNTY OF COOK The foregoing Temporary Construction Easement was acknowledged before me this day of , 2017 by the of A & R Management, Inc., an Illinois corporation, as Manager on behalf of Lock Up — Taylor JV LLC, a Delaware limited liability company, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this day of 2017. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission#:(if any) My Commission Expires: 4110 Approved as to form and legality: Jennifer A. Belpedlo,Assistant County Attorney ca, 4,Na' EXHIBIT "A" THE WEST 125 FEET (FLORIDA POWER AND LIGHT COMPANY EASEMENT (OR BOOK 429, PAGE 354)) OF THE FOLLOWING DESCRIBED PROPERTY: A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 13, TOWNSHIP 49. SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SO0°15'37"E, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1319.79 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, THENCE RUN N89°23'53'W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 120.01 FEET TO THE A POINT 120.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 120.01 FEET TO A POINT 120.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO., THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13 AND THE POINT OF BEGINNING OF THE PARCEL. OF LAND HEREIN DESCRIBED, THENCE RUN S00°15'37"E, PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1321,49. FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION : 1:3; THENCE RUN S00'09'47"E, PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 73.69 FEET TO THE MOST NORTHEASTERLY CORNER OF EATONWOOD LANE, A 130.00 FOOT RIGHT-OF-WAY, AS THE SAME IS SHOWN ON THE PLAT OF KENSINGTON PARK, PHASE THREE-B, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 5 AND 6 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S89°50'1SW, ALONG THE BOUNDARY OF SAID KENSINGTON PARK.PHASE THREE-B, FOR A DISTANCE OF 390.00 FEET; THENCE RUN N00°09'47"W, ALONG THE BOUNDARY OF SAID KENSINGTON PARK PHASE THREE-B, FOR A DISTANCE OF 73.36 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N00°15'37'W, ALONG THE BOUNDARY OF SAID KENSINGTON PARK PHASE THREE-B, FOR A DISTANCE OF 1150.79 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID KENSINGTON PARK PHASE THREE- B; THENCE CONTINUE N00°15'37"W, ALONG THE BOUNDARY OF KENSINGTON PARK PHASE 3A ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 51 AND 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 1.76.24 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S89°23'53"E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 390.05 FEET TO THE POINT OF BEGINNING. ALONG WITH, APPROXIMATELY 15' ON EITHER SIDE OF THE SOUTHERN EAST/WEST LEG OF THE PROPOSED 8" FORCE MAIN, AS SHOWN HIGHLIGHTED BELOW: I I k 04 fil ..2•t i:' .:f3MS .,.K I"..`. Z i • E 1#1 TAKEo yi 4044! ( r1 %; 1.3 54419.2 .*. so.iie' r : 1 Ir givl-,Y'.Yr ..,1 II ti i i r as L la r` 10 j a. ."T C iA t C`r. h , ___.,-7 __,..1.14...:7,..;,. ...:....._r. , ,. -a 0 " NO0* 2'0�'�7.54 F trw�•' .�, r • r.,1•+.. S419°51' 415e 15.00 sersview 25 fir ! t ! NOT A MOrr PoB.' •s*SF.A*Or 7M[$OvRf Ail tap"0'K !,-•4i y, .:i VV'. i;: "++r TI[.' vi w s••,s.M.t. i tMCt+7 SUtfJ Of GIs,01Y 1tC:l1C[u]o, I MI: RF;•#r +.u' '•^f .i,-� [K......I 7...4 Mi. Vol M:t Xfi. :Ail*C[U'C h 0�+ i i..i -t ',..< .° at N 4if SAA . :M It." &V n'. H,i C1[iif P.-,,,,4-CV •:F -W.t•`(+t 7f%,t 017'.7 II ir.1YCS 5?Iv Y • ..G.- ,r cows,vs*, *T(►'.1 ; tf. P'.NS.,,A�' I . :,+V-`iM 41. IL[i (_•+- Sia.,,fti 3` ° 1�: u_.. ttAR144. Srtwa ••TK:I, ssd BASfL• Ct1. T.d Tot 53 -. • .. _..- bi+T-iK-M,1 V .SItisGSt7, +Kt.: A(6ER w[ST y I•*I* t '...;4* i'tA eaA, . •+7' iir,01-ff-[Me 4(AV.h04CM'A41A Y ['K.I[S!i.CA. sus..• ANr V.NI'fs 2 ulS 54t t... XII S NJ` s '# :Mtr.,1[MEYM14TgN somas ,0 IF.t3@Oa tit fJ CArf kG 15.5 1UF,1•,t. 7r :[TT,;Art.4 4t St TOMS OK t*i Ci 'Al 's.:t.t. 4', !��.' .aaGtt L:Y.-A.vs S:w;: scarx[ #0 K:s�Mlt) ii�6AT03 »:i` S`4,: f,lrr •d l„R r•c s•+.37t+lthf3 "uB - Ny1,• t K<•ruING Ass t^ t V it M .;.,E..-s w,.l • ,.-•e.:# '` ;1r! - {rT.rJ[ •t CCar;S iPC., PAC INV Pt. .. - VS)' .&*t a1 r*P,.' itLIS i 1.K;f-b_ s{7I 4 as•�Aa.Lw.t•.,4 r. SKETCH TO ACCOMPANY DESCRIPTION ):36 c tur„vtl ,,... 8(CTION 13 rami P N SOSFT1t RAMCIE 2S GIST aA1:[S tN.r.[A 5, , e,.�s,1 ::»� ... .�.r COLLIER OOIn[T1'.FLOFWA ENGINEERING ,A. '�ia •.. .,T K " 0 AND ALSO,THE WESTERLY 15' ADJACENT TO THE EXISTING 8" FORCE MAIN AS "„,r SHOWN BELOW: >atoxaraansla ega eWsn�S 11NOO�A SURVEY THIS ABBREVIATIONS ter..Amo POB O.R. »COWL REQS BOOR Pt..PAGE CORNER Of F h FOB« PONS OF9EINAI O _ L1 ..{JR. 4105 PC. 2035 ..RICHT-f-TLAY - S. UNE OFD NE/ E / .i 1 I/4 OF THE N.E. 1/4, SEC. 13-49S-23E E IX MB= WON P I Li 100'11ri1't 109* L1 Mawr" TUB L3 Ta0'71r47t 197.74 AMOUR FORM. 6 1>E wen= 19At6 40 74061 Z L sano M1t 191110 c 150 A00 04.4123 PC.2014 'Sy ii !!! •i LI 5011431111 19621 1' 303 Z EAST URE 1r BC L7 11271113,11'-44143 E z. 1/4. SECTION 0 r 13-49S-23E U1- y 11snwt" 1SA0 C I LI 1aTriViSt 441.90 1 L10 tRr1491' *0921� SOLO UE OF THE °-S i Ltt 1I17100'W 1111.12 NE 1 4.SEC _ I3 4S-22E { IRO' R 37144 P.3 3644 LIZ 1a09T'02 114.12 .. _ U3 110722'4l'r 119.15 L. _ -EATONWOOD LANE iEii1 LIS a9trass'E LEGAL DESCRIPTION: A Pte.. OF LAND LYING IN 114 EAST HALF OF SECTION 13. TOWNSHIP 49 SOUTH. RANGE 25 EAST. COWER COUNTY FLORIDA BEING A PORTION OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS 800K 4105, PAGE 2033. OF THE PUBLIC RECO OF SAID COWER COUNTY. BEtiG MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEI18i1C AT THE NORTHEAST ' CORNER OF SAD PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4105. PAGE 2035. THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL (AKA WEST R/W LNINGSTON ROAD) RUN S04715'371 FOR A INSTANCE OF 188.35 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY RUN SO3'05.27'11 FOR A DISTANCE OF 18.35 FEET: THENCE RUN SO0'22'471 FOR A DISTANCE OF 107.74 FEET; THENCE RUN SO0'01'021 FOR A DISTANCE OF 194.13 FEET; THENCE RUN 50010'50'E FOR A DISTANCE OF 161.80 FEET: THENCE RUN SOt'24'311N FOR A DISTANCE OF 18527 FEET; THENCE RUN SOO'19'13'W FOR A DISTANCE OF 449.63 FEET. TO A PONT ON THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFiCIAL RECORDS BOOK 4105, PACE 2035 (MA NORTH Rjw EATOIW►000 LANE): THENCE ALONG SAID SOUTHERLY BOUNDARY RUN $89"50'131W FOR A DISTANCE OF 15.00 FUT; THENCE MAWRG SAID SOUTHERLY BOUNDARY RUN NO(719'13'E FOR A DISTANCE OF 440.90 FEET; THENCE RUN N0F2411E FOR A DISTANCE OF 185.21 FEET; THENCE RUN 40010'50'W O'50'W FOR A INSTANCE OF 181.82 FEET: THENCE RUN N00'01'02'W FOR A DISTANCE OF 104.12 FEET; THENCE RUN NO012'4TW FOR A DISTANCE OF 198.15 FEET; THENCE RUN NO3'08'27E FOR A DISTANCE OF 208.66 FEET. TO A POINT ON THE NORTHERLY BOUNDARY OF SAO PARCEL DESCRIBED W OFFICIAL RECORDS BOOK 4105. PAGE 2035; THENCE ALONG SAID NORTHERLY BOUNDARY RUN S89'23'33'E FOR A DISTANCE OF 3.94 FEET. TO TME POINT CF BEGINNING of THE PARCEL HEREIN DESCREtED. COAT HANG 18.890.37 SQUARE FEET. HOLE I ONTES, INC.. CERTIFICATE OF AUTHORIZATION NUMBER L8 1772 cot up.'a^ [�'' cot r.lw k..i4,0,, 1111.1111.1~1141141 THOMAS IJ. M STATE OF FLORIDA iwwii A DrY.I t7 - 4100 400.10E Craw Or. lm R saR A �U N 1't. *ors. TL iliiI II . OM 1e5-1200 SKETCH TUBE LEGAL DESORIPTION '1, ., HIRE MtiONILS Mod& C.r11reats of , 14-+Al-IAL rim 4.444rev a oelraMon N®.1772 _ sr*YINI I EXH?B "C n This Instrument Prepared by and After Recording Return to: Mark H.Muller,Esq. Mark H.Muller,P.A. 5150 Tamiami Trail North,Suite 303 Naples,Florida 34103 UTILITY EASEMENT THIS UTILITY EASEMENT is made and entered into this day of 2017 by LIVINGSTON PROFESSIONAL CENTER, L.L.C., a Florida limited liability company,whose mailing address is 719 Hickory Road,Naples,Florida 34108,and LOCK UP— TAYLOR JV LLC, a Delaware limited liability company, whose mailing address is do A &R Management, Inc., 800 Frontage Road, Northfield, Illinois 60093, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112,as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by Grantee, the receipt of which is hereby acknowledged by Grantor, hereby conveys, grants, bargains and sells unto Grantee, its successors and assigns, a non-exclusive easement, license, right and privilege to enter upon and to install, relocate, repair and/or otherwise maintain utility system(s) and utility facilities, and/or portion(s)thereof, in,on,over and under the following described lands located in Collier County, Florida,to wit: See attached Exhibit"A"which is incorporated herein by reference. Subject to easements,restrictions and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee, its successors and/or assigns, together with the right and privilege to enter upon said land to excavate, relocate and/or introduce materials for the purpose of constructing, operating, relocating, repairing and/or otherwise maintaining the subject utility facilities and/or system(s) or portion(s) thereof, in, on, over and/or under the easement area, but shall not take any dirt or fill material away from said land. Grantor and Grantee are used for singular or plural,as the context allows. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above, provided, however, that this easement shall terminate and be of no further force or effect upon the earlier of: 1)November 1, 2017; or 2) ten (10) days after Grantee has: a) removed that part of the existing sewage force main constructed in the easement area which lies within the south+/- 896 feet of the easement area(the"Removal Area"); and b) has graded the Removal Area to the general elevation it was in before the removal of the existing - 1 - L012.002 sewage force main (collectively, the "Force Main Removal"). By accepting the easement granted herein, Grantee agrees that it shall complete the Force Main Removal at its sole cost and expense by no later than November 1,2017. IN WITNESS WHEREOF,the Grantor has caused these presents to be executed the date and year first above written. STATE OF FLORIDA COUNTY OF COLLIER Signed, sealed and delivered in the presence of: LIVINGSTON PROFESSIONAL (seal) CENTER,L.L.C.,a Florida limited liability company Witness#1 By: Printed Name of Witness#1 Thomas M. Taylor,Its Manager Witness#2 Printed Name of Witness#2 The foregoing instrument was acknowledged before me this day of , 2017, by Thomas M. Taylor, the Manager of Livingston Professional Center, L.L.C., a Florida limited liability company,on behalf of the company,who( )is personally known to me or ( ) has produced as identification. Notary Public—State of Florida Printed Name of Notary Public -2- L012.002 Si STATE OF ILLINOIS COUNTY OF Signed,sealed and delivered in the presence of: LOCK UP--TAYLOR JV LLC, (seal) a Delaware limited liability company By:A&R Management,Inc., Witness#1 an Illinois corporation,Its Manager Printed Name of Witness#1 By: Name: Title: Witness#2 Printed Name of Witness#2 The foregoing instrument was acknowledged before me this day of 2017, by , the of A & R Management, Inc., an Illinois corporation, as the Manager of Lock Up—Taylor N LLC, a Delaware limited liability company,on behalf of the company,who ( )is personally known to me or( )has produced as identification. Notary Public—State of Illinois Printed Name of Notary Public Approved as to form and legality: Jennifer A.Belpedio,Assistant County Attorney C3 -3 Loiz.aos FI I:. C . k3 ,, j ,,, I kVOlS�f0ISSOACINIASKOPLA10t7-01 WE;la 1i1 f7 IftlW4I AY Pbl�f Iip1AGaNf THIS IS NOT A SURVEY ABBREVIATIONS 1 POB O.R. MI OFFICIAL RECORDS BOOK IMPlATT6) PG. = PAGE I N.E. CORNER OF POB = POINT OF BEGINNING 1.15 I PARCEL DESCRIBED IN R/W a RIGHT-OF-WAY j� `f' _ d O.R. 4105 PG. 2035 SEC. - SECTION I S. UNE OF THE NI. I 1/4 OF THE N.E. 1/4, J `r SEC. 13-49S-25E V 5 UNE TABLE UNE OIREG NNI 'LENGTH N L1 SO0'15'37'E 188.35 ET L2 S0S06'27"W 18.35 1.3 S0D'22'4YE 197.74 C f APPRAISER PARCEL +- < L4 S0O'01'02"E 194.15 I 00258974001 Z L5 S0G10'S0'� 16t.� 1 o 150 300 O.R. 4105 PG. 2035 G7 1.8 SO1'24'3119 185.27 1' = 300' Co 1 '- Z EAST UNE OF THE LT 50019'131Y 449.63 SIXTION GO t3-495-�25E 1.8 S8W50'131N 15.00 1> 1.9 N01710'I3'E 449.90 1 1.10 N01'24'31'E 185.21 h SOUTH UNE OF THE S IP L11 N00'10'S0`W 161.82 N.E 31/4,�� I1 I R.03 144 PG 644 1.12 N00'01'02'W 194.12 r --I L13 N00'22'471N 198.15 L14 NOS0617t 206,66 EATONWOOD LANE 4°' I IL1:-I I LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN THE EAST HALF OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA, BEING A PORTION OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035, OF THE PUBLIC I RECORDS OF SAID COLLIER COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST 1 CORNER OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035, THENCE ALONG THE EASTERLY il 1 BOUNDARY OF SAID PARCEL (AKA WEST R/W LIVINGSTON ROAD) RUN SOO'15'37"E FOR A DISTANCE OF 185.35 FEET; ; THENCE LEAVING SAID EASTERLY BOUNDARY RUN 503'06'27"W FOR A DISTANCE OF 18.35 I'h. i; THENCE RUN 600'22'47"E 1 FOR A DISTANCE OF 197.74 FEET; THENCE RUN 500'01'02"E FOR A DISTANCE OF 194.15 FEET; THENCE RUN SOO'10'50"E FOR A DISTANCE OF 161.80 FEET; THENCE RUN S01"24'31'W FOR A DISTANCE OF 185.27 FEET; THENCE RUN 04N 500'19'13"W FOR A DISTANCE OF 449.63 FEET, TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035 (AKA NORTH R/W EATONWOOD LANE); THENCE ALONG SAID SOUTHERLY BOUNDARY RUN S89'50'13"W FOR A DISTANCE OF 15.00 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY RUN N0019'13"£ FOR A DISTANCE OF 449.90 FEET; THENCE RUN N01'24'31°E FOR A DISTANCE OF 185.21 FEET; THENCE RUN N00'10'SO"W FOR A DISTANCE OF 161.62 FEET; THENCE RUN NO0'O1'02"W FOR A DISTANCE OF' 194.12 FEET; THENCE P RUN NO0'22"47"W FOR A DISTANCE OF 198.15 FEET; THENCE RUN NO3'06'27"E FOR A DISTANCE OF 206.66 FEET, TO A POINT ON THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035; THENCE ALONG SAID NORTHERLY BOUNDARY RUN S89'23'53"E FOR A DISTANCE OF 3.94 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, CONTAINING 19,890.37 SQUARE FEET. ;,Digitally signed by .�+^'.F..."•. Tom Nur�Y HOLE MONTES, INC., CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 ,•47'..0 Ditmcnt h 11�� i�"r, ilii a"; tdu:phy,o,ou, BY 4tt-rr A. ,40. ./' P.S.M. #5628 �`!,1",;,'...,:,../:".,,^ k I ' emaAotommurchy a+� ,. rieno,como.os s-: Date 2017A2.15 THOMAS M. MURI3HY STATE OF FLORIDA , - 13a346-osov MRAWR 014 DM 6200 Whiskey Creek Dr. MOO a R.A.K. 2 15 17 89 ft. AIyarx. Ft. 33919 PROS1 1 soul I of I Phan.: 1239) 985-1200 SKETCH AND LEGAL DESCRIPTION 201 saoo HOLE MONTES HorteIa Corflflootr of �FItE Wit , Men"MC'0O"= Auhorixatlon No.1772 13-4S-25E _ X151®051rp j i 1 2 Stricture No.: 143M5,266M3,A266M3,143M6,266M4,A266M4 0 Section,Township,Range: 13-49-25 Easement No.: 8A-84,98,99 RIGHT-OF-WAY CONSENT AGREEMENT (Governmental Entity) FLORIDA POWER& LIGHT COMPANY, a Florida corporation, whose mailing address is P.O. Box 14000,Juno Beach,Florida 33408-0420,Attn:Corporate Real Estate Department,hereinafter referred to as "Company",hereby consents to BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose mailing address is 3299 Tamiami Trail East,Naples,FL 34112, hereinafter referred to as "Licensee",using an area within Company's right-of-way granted by that certain agreement recorded in O.R.Book 162,at Page 205, O.R. Book 432, at Page 726, and O.R. Book 429, at Page 354, Public Records of Collier County, Florida. The said area within Company's right-of-way, hereinafter referred to as "Lands", is more particularly described on Exhibit "A" attached hereto. The use of the Lands by Licensee shall be solely for the purpose of installation,operation and maintenance of a 24 inch Force Main within the FPL easement as shown on the plans and specifications submitted by Licensee,attached hereto as Exhibit"B". In consideration for Company's consent and for the other mutual covenants set forth below,and for Ten Dollars and No Cents($10.00)and other good and valuable consideration,the receipt and adequacy of which is hereby acknowledged,the parties hereto agree as follows: 1. Licensee agrees to obtain all necessary rights from the owners of the Lands in the event Licensee does not own said Lands;to obtain any and all applicable federal, state, and local permits required in connection with Licensee's use of the Lands; and at all times, to comply with all requirements of all federal,state,and local laws,ordinances,rules and regulations applicable or pertaining to the use of the Lands , i by Licensee pursuant to this Agreement. 2. Licensee understands and agrees that the use of the Lands pursuant to this Agreement is subordinate to the rights and interest of Company in and to the Lands and agrees to notify its employees, agents,and contractors accordingly. Company specifically reserves the right to maintain its facilities located on the Lands; to make improvements; add additional facilities; maintain, construct or alter roads; maintain any facilities,devices,or improvements on the Lands which aid in or are necessary to Company's business or operations;and the right to enter upon the Lands at all times for such purposes. Licensee understands that in the exercise of such rights and interest,Company from time-to-time may require Licensee,to relocate, alter, or remove its facilities and equipment, including parking spaces and areas,and other improvements made by Licensee pursuant to this Agreement which interfere with or prevent Company, in its opinion,from properly and safely constructing, improving, and maintaining its facilities. Licensee agrees to relocate, alter, or remove said facilities, equipment,parking spaces and areas,and other improvements within ninety(90)days of receiving notice from Company to do so. Such relocation,alteration,or removal will be made at the sole cost and expense of Licensee and at no cost and expense to Company; provided however,should Licensee, for any reason,fail to make such relocation,alteration,or removal, Company retains the right to enter upon the Lands and make said relocation,alteration,or removal of Licensee's facilities,equipment,parking spaces and areas,and other improvements and Licensee hereby agrees to reimburse Company for all of its costs and expense incurred in connection therewith upon demand. 3. Licensee agrees that it will not use the Lands in any maturer which, in the opinion of Company,may tend to interfere with Company's use of the Lands or may tend to cause a hazardous condition to exist. Licensee agrees that no hazardous substance, as the term is defined in Section 101 (14) of the Form 3740GROW Rev. 07/31/12 Page 1 of 10 Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") (42 USC Section 9601 [14]),petroleum products,liquids or flanunables shall be placed on,under,transported across or stored on the Lands, which restricts, impairs, interferes with, or hinders the use of the Lands by Company or the exercise by Company of any of its rights thereto. Licensee agrees further that in the event it should create a hazardous condition,then upon notification by Company,Licensee shall,within seventy-two(72)hours,at its sole cost and expense, correct such condition or situation; provided however that the Company retains the right to enter upon the Lands and correct any such condition or situation at any time and, by its execution hereof, Licensee hereby agrees to indemnify and hold harmless Company from all loss, damage or injury resulting from Licensee's failure to comply with the provisions of this Agreement. 4. Licensee hereby agrees and covenants to prohibit its agents, employees, and contractors from using any tools,equipment,or machinery on the Lands capable of extending greater than fourteen(14) feet above existing grade and further agrees that no dynamite or other explosives shall be used within the Lands and that no alteration of the existing terrain, including the use of the Lands by Licensee as provided herein, shall be made which will result in preventing Company access to its facilities located within said Lands. Unless otherwise provided herein, Licensee agrees to maintain a one hundred and fifty (150) foot wide area, clear of any activities, with a lineal measurement of seventy five (75) feet on each side of the centerline of Company's existing and planned facilities. 5. Licensee understands and agrees that the planting of trees,shrubs,and other foliage capable of exceeding fourteen(14)feet in height at full maturity is not permitted within Company's Lands. 6. Outdoor lighting installed or to be installed upon the Lands by Licensee are not to exceed a height of fourteen(14)feet above existing grade and all poles or standards supporting light fixtures are to be of a non-metallic material. 7. Sprinkler systems installed or to be installed by Licensee upon the Lands are to be constructed of a non-metallic material and sprinkler heads are to be set so the spray height does not exceed • fourteen (14) feet above existing grade and does not make contact with any Company's facilities. Aboveground systems shall not be installed within or across Company patrol or finger roads and underground systems crossing said patrol and fmger roads are to be buried at a minimum depth of one (1) foot below existing road grade. 8. Licensee agrees to warn its employees, agents,contractors and invitees of the fact that the electrical facilities and appurtenances installed or to be installed by Company within the Lands are of high voltage electricity and agrees to use all safety and precautionary measures when working under or near Company's facilities. Licensee hereby acknowledges the receipt and required execution of Form 360 "Exhibit C"prior to the commencement.of construction within the Lands. • 9. Licensee agrees, at all times, to maintain and keep the Lands clean and free of debris. Except as provided herein, Licensee further understands and agrees that certain uses of the Lands are specifically prohibited;such uses include but are not limited to recreational purposes, hunting and camping, and Licensee agrees to notify its employees,agents,contractors,and invitees accordingly. 10. The use of the Lands by Licensee shall be at the sole risk and expense of Licensee, and Company is specifically relieved of any responsibility for damage or loss to Licensee or other persons resulting from Company's use of the Lands for its purposes. 11. Notwithstanding any provision contained herein,Licensee agrees to reimburse Company for all cost and expense for any damage to Company's facilities resulting from Licensee's use of the Lands and agrees that if,in the opinion of Company,it becomes necessary as a result of Licensee's use of the Lands for Nkrior Form 3740GROW Rev. 07/31/12 Page 2 of 10 • Company to relocate, rearrange or change any of its facilities, to promptly reimburse Company for all cost and expense involved with such relocation,rearrangement or change. 12. Licensee agrees it will exercise its privileges hereunder at its own sole risk and agrees subject to the limitations contained in Section 768.28,Florida Statutes, if applicable, to indemnify and save harmless Company, its parent, subsidiaries, affiliates, and their respective officers, directors, agents and employees(hereinafter referred to as the"FPL Entities"), from all liability,loss,cost,and expense, including attorneys'fees,which may be sustained by FPL Entities to any person,natural or artificial, by reason of the death of or injury to any person or damage to any property, arising out of or in connection with the herein described purposes by Licensee, its contractors, agents, or employees; and Licensee agrees subject to the limitations contained in Section 768.28,Florida Statutes, if applicable,to defend at its sole cost and expense and at no cost and expense to FPL Entities any and all suits or action instituted against FPL Entities, for the imposition of such liability,loss,cost and expense. 13. Licensee shall,and shall cause each of Licensee's contractors and subcontractors performing work in connection with the Project during the period of this Agreement, to procure and maintain at Licensee's and such contractors' and subcontractors' sole expense, the following minimum insurance, with insurers with a rated "A-, VII" or higher by A.M. Best's Key Rating Guide that are licensed to do business in the State of Florida, or as may be approved in writing by COMPANY's Risk Management Department from time to time: (i) Workers' Compensation Insurance for statutory obligations imposed by applicable Florida law, including, where applicable, the United States Longshoremen's and Harbor Workers' Act,the Maritime Coverage and the Jones Act; (ii) Employers' Liability Insurance, including Occupational Disease, shall be provided with a limit of One Million Dollars ($1,000,000) for bodily injury by accident, with a limit of One Million Dollars ($1,000,000) for bodily injury by disease/policy and with a limit of One Million Dollars ($1,000,000) for bodily injury by disease/employee; (iii) Automobile Liability Insurance which shall apply to all owned, non-owned, leased and hired automobiles in an amount with minimum limits of not less than • One Million Dollars($1,000,000)combined single limit per occurrence for bodily injury and property damage per accident;and (iv) General Liability Insurance, written on Insurances Services Office form GC 00 01 1204 (or equivalent) covering liability arising out of premises, operations, bodily injury, property damage, products completed and liability insured under and insured contract (sometimes referred to broad form contractual liability), with minimum limits of One Million Dollars($1,000,000) combined single limit per occurrence, which shall insure the indemnity obligations assumed by Licensee under this Agreement. Except for the Workers' Compensation Insurance, the FPL Entities shall be designated as an additional insured on Licensee and/or Licensee's contractors insurance policies required to be maintained under this Agreement. All policies of insurance required to be maintained by Licensee and Licensee's contractors and subcontractors hereunder shall provide and each of Licensee, and Licensee's contractors and subcontractors,shall cause the insurers of their respective insurance to include,either in its printed text or by endorsement: (i) a severability of interests clause; (ii) an endorsement that Licensee's and Licensee's contractors'and subcontractors' insurance policies are to be primary and non-contributory to any insurance Form 37900R0W Rev, 07/31/12 Page 3 of 10 that may be maintained by or on behalf of FPL Entities; and (iii) a waiver of subrogation against FPL Entities. In the event that any policy furnished by Licensee and/or Licensee's contractors and subcontractors provides for coverage on a"claims made"basis,the retroactive date of the policy shall be the same as the effective date of this Agreement, or such other date, as to protect the interest of FPL Entities. Furthermore, for all policies furnished on a "claims made" basis, Licensee's and Licensee's contractors' and subcontractors' providing of such coverage shall survive the termination of this Agreement,until the expiration of the maximum statutory period of limitations in the State of Florida for actions based in contract or in tort. If coverage is on "occurrence" basis, Licensee and Licensee's contractors and subcontractors shall maintain such insurance during the entire term of this Agreement. Licensee and Licensee's contractors and subcontractors shall promptly provide evidence of the minimum insurance coverage required under this Agreement in the form of an ACORD certificate or other certificate of insurance acceptable to FPL. Upon FPL's request,Licensee and Licensee's contractors and subcontractors shall provide FPL with complete copies of all required insurance policies under this Agreement. If any of the required insurance is cancelled or non-renewed, Licensee and Licensee's • contractors and subcontractors shall file a new Certificate of Insurance or binder with FPL demonstrating to FPL's satisfaction that the required insurance coverages to be maintained hereunder have been extended or replaced. Neither Licensee's nor Licensee's contractors and subcontractors failure to provide evidence of minimum coverage of insurance following FPL's request, nor FPL's decision to not make such request, shall release Licensee and Licensee's contractors and subcontractors from their respective obligations to maintain the minimum coverage provided for in this Section. • Licensee shall be responsible for managing and administering all insurance policies required hereunder, including the payment of all deductibles and self-insured retention amounts, the filing of all claims and the taking of all necessary and proper steps to collect any proceeds on behalf of the relevant insured person or entity. Licensee shall at all times keep FPL informed of the filing and progress of any claim. If Licensee shall fail to perform these responsibilities, FPL may take such action as it determines appropriate under the circumstances. In the event Licensee collects proceeds on behalf of other persons or entities,it shall ensure that these are paid directly from the insurers to the relevant person or entity and, in the event that it receives any such proceeds, it shall, unless otherwise directed by FPL, pay such proceed to such party forthwith and prior thereto,hold the same in trust for the recipient. Nothing in this Section shall be deemed to limit Licensee's liability under this Agreement regardless of the insurance coverages required hereunder. No limitation of liability provided to Licensee under this • Agreement is intended nor shall run to the benefit of any insurance company or in any way prejudice, alter, diminish,abridge or reduce, in any respect, the amount of proceeds of insurance otherwise payable to FPL Entities under coverage required to be carried by Licensee under this Agreement, it being the intent of the parties that the full amount of insurance coverage bargained for be actually available notwithstanding any limitation of liability contained in the Agreement, if any. FPL assumes no responsibility for the solvency of any insurer or the failure of any insurer to settle any claim. In the event that the Licensee self insures,Licensee shall provide Company with a letter of self-insurance in form and substance satisfactory to Company's Risk Management Department. Licensee's contractors and sub- contractors may not self-insure. This Section shall survive the expiration of this Agreement 14. This Agreement will become effective upon execution by Company and Licensee and will remain in full force and effect until completion of Licensee's use of the Lands pursuant to this Agreement, unless earlier terminated upon ninety(90)days written notice by Company to Licensee,or at the option of Company, immediately upon Licensee failing to comply with or to abide by any or all of the provisions contained herein. • • Form 3740eR0W Rev. 07/31/12 Page 4 of 10 . 15. The use granted herein as shown on Exhibit "B" shall be under construction by Licensee ,O. ,.; within two(2)years of the effective date of this Agreement and the construction shall be diligently pursued to completion. Licensee shall give Company ten (10) days prior written notice of its commencement of construction. "Under construction" is the continuous physical activity of placing the foundation or continuation of construction above the foundation of any structure or improvement permitted hereunder. Under construction does not include application for or obtaining a building permit, a site plan approval or zoning approval from the appropriate local government agency having jurisdiction over the activity, purchasing construction materials,placing such construction materials on the site,clearing or grading the site - (if permitted) in anticipation of construction, site surveying, landscaping work or reactivating construction after substantially all construction activity has remained stopped for a period of two (2) months or more. Licensee acknowledges that failure to have the use under construction within the two (2) year time period will result in immediate termination of this Agreement in accordance with Paragraph 14 herein for failing to comply with the provisions contained herein unless Licensor grants a written extension for a mutually agreed upon time. Any request for an extension of time shall be submitted in writing by Licensee no later than thirty (30)days prior to the expiration of the two(2)year period for the project to be under construction. 16. The term "Licensee" shall be construed as embracing such number and gender as the character of the party or parties require(s)and the obligations contained herein shall be absolute and primary and shall be complete and binding as to each,including its successors and assigns,upon this Agreement being executed by Licensee and subject to no conditions precedent or otherwise. 17. Should any provision of this Agreement be determined by a court of competent jurisdiction to be illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be impaired. In the event of any litigation arising out of enforcement of this Consent Agreement,the prevailing party in such litigation shall be entitled to recovery of all costs,including reasonable attorneys'fees. i 18. Licensee may assign its rights and obligations under this Agreement to a solvent party upon prior written consent of the company,which consent shall not be unreasonably withheld. 19. Licensee agrees that any review or approval by Company of the plans and/or specifications submitted by Licensee attached hereto as Exhibit "B", the approval of the identity of any contractors, subcontractors and materialmen,or the delivery by Company of any construction specifications to Licensee, is solely for the purpose of processing this Consent,and without any representation or warranty whatsoever to Licensee with respect to the adequacy,correctness or efficiency thereof or otherwise and it is understood that such Company's approval does not absolve Licensee of any liability hereunder. Further, Licensee, in connection with the construction,maintenance and/or removal of improvements depicted on Exhibit"B"to the Agreement, agrees to observe and filly comply with all construction, operation and maintenance standards,as well as all applicable laws,rules and regulations of the United States,the State of Florida, and all agencies and political subdivisions thereof, including without limitation,the National Electric Safety Code and the Occupational Safety & Health Administration regulations, standards, rules, registers, directives or interpretations. 20. This Agreement includes and is subject to the provisions described on the attached Addendum. III Form 3740GR0W Rev. 07/31/12 Page 5 of 10 .4101,0. Executions on following page *aiw- The parties have executed this Agreement this day of ,20 . Witnesses: FLORIDA:POW &LIG COMPANY ._ A d.. k24a, &a4C-A Signature: Its t Corporate Real Estate dat Print Na : A AINP Irg Mt . 1111VAI Prilit gitine:Mark L.Byers sexe gnafre: N. 7 PrintNaine: Pilvi,x /le e'.5* Approved and.accepted for and behalf of Collier Cotinty,Florida,this day of ,20 , Offielal Seal) ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY.FLORIDA,AS THE ..... GOVERNING BODY OF COLLIER COUNTY AND AS THE EIC-OFFICIO GOVERNING '..,..... BOARD OF THE COLLIER COUNTY liVATER-SEWER DISTRICT DWIGHTE.BROCK,Clerk BY: BY: Deputy Clerk Chairman APPROVE])AS.TO FORM&LEGALITY BY:, Assistant County Attontey 00,.... Nome .Fgrut 314GPQ1t Rev. 1:t7/31/12 Page 6 of 10 ADDENDUM • Prior to installation,Licensee must schedule a Safety Six meeting for all construction personnel working on the project. Please contact FPL Transmission Operations at(239)690-2735 to schedule the meeting. • Licensee,and its employees,agents and contractors will keep a safe distance from all energized facilities and maintain all OSHA requirements to the 138kv and 230kv transmission lines within the Lands. • Licensee will not dig a trench greater than 5 feet deep when working adjacent to Company transmission pole structure# 143M5. • Licensee will not disturb any of Company's existing guy wires or anchors. • Form 3790GROW Rev. 07/31/12 Page 7 of 10 EXHIBIT"A" • Legal Description—TO BE PROVIDED Form 3740GR0W Rev. 07/31/12 Page 8 of 10 vmt � , - MATCfi1IaE SHEET 2 fki cV 0. O .." 'D 0 15 30 60 N M a��_ • (INTENDED DISPLAY SCALE: 1"=60') ?� F- to 10 To to N ;v o PARCEL No. 00258974001 LINNGSTOV PRO CENTER LLC 2 z (ORB 4!0. PG 2035) E rii LINE TABLE LINE BEARING DISTANCE Z' N. 0 E, L1 S44'39'29"W 50.98' H N (—EASTUNEOFI25E FLORIDA POKER&LIGHT COVPANY EASEMENT r (ORB 429, PC 354) 1--1 bi CD v Q od , \-r- s 0° WEST RIGHT-OF-WAY i d PARCEL BOUNDARY \ h (BASIS OF BEARINGS) a / �/ C`) a ff °) IN8951,14u'E47.261 IV I 1 ;..,.1", (7.:1 I o 00 O. `� I,S00°08'46"E 15.00' O o r, oi15 o 0 o z cn ✓--P.O.B. 42 S89°51'14"W ---N0008'46"W 750' I 62,18' 58951'14"W 15500' o PARCEL Na. 52731003023 i KENSINGTON PARK IASTR ASSN INC S89°51'14"W 15.00' $ n (ORB 3302, PG 2824) rn -4- - N 8NOT A SURVEY P.O.C. INTERSECTION OF THE SOUTHEAST CORNER OF 711E Y I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE ,n LANDS DESCRIBED IN OFFICIAL RECORDS BOOK • AND BELIEF, THAT THE LEGAL DESCRIPTION AND 4105, PAGE 2035, COLLIER COUNTY, FLORIDA t ATTACHED SKETCH WERE PREPARED IN ACCORDANCE AND j WITH THE APPLICABLE PROVISIONS OF CHAPTER *HEST RIGHT-OF-NY OF HI'NGSTCW RD i ,2 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT o TO CHAPTER 472, FLORIDA STATUTES. NOTES: i 1. BEARINGS SHOWN HEREON ARE BASED ON THE WEST RIGHT-OF-WAY OF LIVINGSTON ROAD, WHEREIN SAID WEST o __ ___ _ RIGHT—OF—WAY BEARS S.00'0B'46°E. BARRY E. SYREN (FOR THE FIRM L.B. 642) 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO S PROFESSIONAL SURVEYOR AND MAPPER ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT . FLORIDA CERTIFICATE NO. 5365 PARCEL. g DATE SIGNED: ___6/2D120_17 _ _ 3. PASSEL CCONTAINS 30,229 SQUARE FEET (0.69 ACRES) MORE OR 2 4. P.O.C. = POINT OF COMMENCEMENT - NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL 5. P.O.B. = POINT OF BEGINNING a RAISED SEAL OF A FLORIDA LICENSED SURVEYOR 6. ORB = OFFICIAL RECORDS BOOK 7. PG =AND MAPPER. B. NOT VA AD WITHOUT SHEETS 1 THROUGH 4 OF 4. JOHNSON ENGINEERING, INC. SKETCH TO ACCOMPANY DESCRIPTION Ij01 �� 2350 STANFORD COURT SECTION 13,TOVVNSH1P 49 SOUTH,RANGE 25 EAST0 `r NAPLES, FLORIDA 34112 COLLIER COUNTY,FLORIDA PHONE: (239) 434-0333 ENGINEERINGFAX:E.B. (239)&334-3661 X642 DATE PROJECT NO. ERE tIO. SCALE SHEET 06-19-17 20149700-105 13-49-25 1"=60' I 1 OF 4 .�. (moi 1?R.`-rL.-10 .CwT'c.T' ... 5_:I U l�'1. MATCHLINE SHEET 3 0 N le'-- • x • 0 15 30 60 mom (INTENDED DISPLAY SCALE 1''60') m E c. I N N N o N { M r- L g ED Lo PARCEL No. 00258974001 (.1 Lo PRD CENTER LLC nZ b (ORB 4105, PG 2035) Z i 0 m H 0 U) U C ) `'err. a EAST LINE OF 125'WOEZ VFLORIN P0VEF?&LIGHT I"-I COMPANY EASEMENT ✓� tg (ORB 429, PG 354) a o en en PARCEL BOUNDARY 4E-sr RIGHT-OF-WAY o (BASIS OF BEARINGS) . i �/ 0 n r0<I- c7; N 1i xi 'T 2 N N O_t O O n h O N srg N P C E93 T g MATCHLINE SHEET'1 e ..- --- i *NOT VALID 1'IITHOUT SHEETS 1 THROUGH 4 OF 4. JOHNSON ENGINEERING, INC. SKETCH TO ACCOMPANY DESCRIPTION JOT-INS `r NAPLES, ( 434 40333 SECTION 13,TOWNSHIP 49 SOUTH,RANGE 25 EAST COLLIER COUNTY,FLORIDA ENGINEERING Ea. 11542 k L.B. 42 D 06-19-17 201497 NO. 5FILE3'49-25 SALE=6D' 'SHEET OF 4 V • 889°22'52"E 7.13'-\ PARCEL BOUNDARY IkiS00°14'52"E 21.09' 0 15 30 60 (INTENDED DISPLAY SCALE:1"=60') E EAST LINE OF 125'RIDE FLORIDA POSER&LIGHT COMPANY EASEIAENT N (ORB 429, PG 354) m � n LS PARCEL BOUNDARY HEST RIGHT—OF—WAY (BASIS OF BEARINGS) Arya o z H 0 <v PARCEL No. 00258974001 [� O UNNGSTOV PRO CENTER LWCn (ORB 4105,PG 2035) w LU j,� O N N o p v± Z U) 0 G 5 O 3 D MATCHLINE SHEET 2 *NOT VALID WITHOUT SHEETS 1 THROUGH 4 OF 4. JOT 7 0� JOHNSON235AN OEDRCO INC. SKETCH TO ACCOMPANY DESCRIPTION • j-11 2350 STANFORD COURT SECTION 13,TOWNSHIP 49 SOUTH,RANGE 25 EAST NAPLES, FLORIDA 34112 PHONE: (235) 434-0333 COLLIER COUNTY,FLORIDA ENGINEERINGEFB. #6429&334-3661 L.8 #642 DATE PROJECT NO. FRE NO. SCALE SHEET 06-19-17 20149700-105 13-49-25 1'=60' 3 OF 4 PESCRIP110N Ntiee PARCEL OF LAND SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA A TRACT OR PARCEL OF LAND LYING IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTHEAST CORNER OF THE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE WEST RIGHT-OF-WAY OF LIVINGSTON ROAD, THENCE S.89'51'14"W. DEPARTING SAID WEST RIGHT-OF-WAY, A DISTANCE OF 155.00 FEET ALONG THE SOUTH LINE OF SAID DESCRIBED LANDS TO AN INTERSECTION WITH THE EAST LINE OF A 125 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 429, PAGE 354, OF SAID PUBLIC RECORDS; THENCE N.O0'08'46"W. ALONG THE EAST LINE OF SAID EASEMENT, A DISTANCE OF 7.50 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING, THENCE S.89'51'14"W. DEPARTING SAID EAST LINE, A DISTANCE OF 62.18 FEET; THENCE N.00'25'57"W., A DISTANCE OF 93.70 FEET; THENCE S.44'39'29"W., A DISTANCE OF 50.98 FEET; THENCE S,00'08'46"E., A DISTANCE OF 65.03 FEET TO AN INTERSECTION WITH SAID SOUTH LINE OF SAID N DESCRIBED LANDS; THENCE 5.89'51'14"W. ALONG SAID SOUTH LINE, A DISTANCE OF 15.00 FEET; THENCE N.00'08'46"W. DEPARTING SAID SOUTH LINE, A DISTANCE OF 71.21 FEET; THENCE N.44'39'29"E., A DISTANCE OF 65.06 FEET; THENCE N.00'25'57"W„ A DISTANCE OF 1,214.92 FEET; THENCE N,44'34'03"E., A DISTANCE OF 91.57 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID DESCRIBED LANDS; THENCE S.89'22'52"E. ALONG SAID NORTH LINE, A DISTANCE OF 7,13 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE AFOREMENTIONED FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE S.00'14'52"E. ALONG SAID EAST LINE, A DISTANCE OF 21.09 FEET; THENCE S.44`34'03"W. DEPARTING SAID EAST LINE, A DISTANCE OF 73.27 FEET; THENCE S.00'25'57"E., A DISTANCE OF 1,301.60 FEET; THENCE N.89'51'14"E., A DISTANCE OF 47.26 FEET; THENCE S.00'08'46"E., A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. CONTAINING 30,229 SQUARE FEET OR 0.69 ACRES, MORE OR LESS. U BEARINGS SHOWN HEREON ARE BASED ON THE WEST RIGHT-OF-WAY OF LIVINGSTON ROAD, WHEREIN SAID WEST RIGHT-OF--WAY BEARS S.00'08'46"E, 8 N 0 L/ U 1.T oO N n O, Qb *NOT VALID WITHOUT SHEETS I THROUGH 4 OF 4. JOHNJOHNS421 JOHNSON 2350 ENGINEERING, INC.STANFORD SCRIPTION 3411 NAPLES, FLORIDAIIDA2 PHONE: (((239) 434-0333 ENGINEERING E ) 334-3661 FA, : 642& LB. $642 DATE PROJECT NO. 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I1 'e -i I N4 ad it i ;'Uyy ? e epi pa 1 .,.ti J#4, 41 J. ,; z f i. ;' 000lll FF t' : s minim-0 ky@$@ y r i I ig i (Z i j t,1 , I , 1, . . qg 1 zii CeIII" l �f1l , . 4 1 til .YI11 # CrIN a�tI . 2 r` i#�iE .:tt d 1 q111hJ t9 R ' 1II1I. hip 1I lie 1,3 I 1 I I EXHIBIT"C" • FPL' NOTIFICATION OF FPL FACILITIES cutkotagemy Dale ofHeeling;Contad Devel:per/ContaabrHerne ProtectHumbedtlane: locafanofPrgec1 City: FPL Repreaeata0ao Phone:. W —_ DovokotiConlracAorRepweniatve FPI YlorkRequest Mork Order d: —,-_- FPL orals your attention to the foci that there may be energzed,high vo'toge Electric lines,both co/ahead and underground,tocetod to the area of this pro}ecL tI is knperakvo that you rsua ty survey the arca end that you also take the necessary steps to 1denhfy ai ce a heed and underground faciFttos prior to commencing construction to daterrara Mother 0a construction a1 any proposed knpaevemenhs w91 Greg any person,foot,machinery,equipment or otnoct douse to FPL's power Eves than the O$HA-resoled Fruits.If it WO,you must oma redesign your pleated b allow ft to be built safety given the pre exkteg power lino locatton, of mato arrangements cath FR to etherdcenergiza and ground our!aoltlas,Of rotor*them,poss7ay at your expense.You must do this before shinning any construction near the power tines.itisImp;s1.toforFPLtoknvsorpasect iihelher or not the contractors orsubaontractors,end Ote',tern oyc-es,tv,9operate or use canes,d'gghng apparatus or cher moble Equipment,or haoole maodals or toots,In dangerous Realty to such power Fines daring the cotrso of cepstruoson,and,If so,when aid inhere.These—fen,hit bewrnrs necessary for any contractor or subcontractor,or thea'employees,to operate or hande crams, d gg`ng apposes,drag'r:es,moble equrpmenl,or any art egapment,loots or materials In such a msrusor that they m ght oanre cover to underground cr overhead power bras than Is permltod ay local,state or federal regotefcns,you ata any such reotrector or subcontractor must ratify FPL In vsrigag o1 such planned epeceSon prior to the o comme,rAnnont thereof and make at necessary arroegemenlsµ11h FPL In order 10 cony CO the work in a auto manrtar.Any walk hi the Weirdly of tho electric lines should be suspended until these erre ng enten te are finalized and Implemented, TheNePson4FkdricalSafelyCode('ftESC')proscibesm'nimuntclearancesthatmusthsntanlalned-If you lxrd)%euskudurosothat those deaancescannot he maintaned,you may be rcquycd to oxnpcnsate FPL for the retocaSon of our fad'dies to(angy vrah those clearances.As sir,you shocid contact FPL prior to cow-Acing construction neat pre-existing unrlotground or overhead pont lines to make sure that your proposed hnprarernant does not bnp ngc upon the UESC clearances, • R Is yuut respansaiity and the responsibility of your contractors and subcontractors on this pled to dlgenSy fa t the Wowing obfgatlons: 1. Make absa5rluycertan that di persons respansilxle for operating or handdng cranes,dotting epparaus,dragOtas,ntobFe e nt or any equIpment,loaf,a materia!oapatt°of conlacfng a poaet ane.are In compatanoe Oh of appEcebte slate and federal reguaa5ons,including but not Weed to U.S.Deportment or Law OSHA Regulations,ttfgo performing UceYwork 2. Mac°surd that all cranes,d'ggtrg apparatus,dragrtnes,motile equ'prnerit,and at1 other cqutprl>en1 ormaterieis capable of contacting a power Eno have attached to them any vranrng signs required by US.Department of Labor OSHA Regutatons. 3. Post and main tai proper warriarg signs and Wee el es*yees,new and ori mace,of theta°bigatm to keep themselves,their toots, mateda}s and coolpmen t array from power Ones per the team*OSHA nchvrrvrm approadc distances(refer to OSHA regulations for restrictions): Poser tine Vol-(m "personnel and Easton-rent Crams and tkrrkcis navel under or near Power Lines fon canssriucticn_sSes,no load) (Es CFR(stein era1926.60)) 1251 CFR 1923.1401,1403) (29 CFR 1926.600-Egvtpm:nq (1926.1411-Cranes and Derrick+) 0.760 was 10 Feel 10 Feel 4 Feet 4 Foot 751•:4,000 vats 10 Fool 10 Foot 4 Fed 6 Feet 69,003 volts 11 Foot 15 Feel ID Peet 10 Feel 116,000 vales 13 Feet 15 Feet 10 Feet 10 Fest 136,040 volts 13 Feet 15 Feel 10 Feet 10 Feel 230,030 was 16 Feat 20 Feel 10 Feel 10 Feel 540,000 volts 25 Feet 25 Feel 16 Fed 16 Feet 'When uncertain of Rio voltage,mafatetra a distance of 20 feet for voltages up to 350,000 volts and 60 fed for voltages greater than 359,000 volts. "For rrsoitdappraxtits]Its sulrtedoerodnryco sacaxuuthan760Sats,ad4aAVid(6'4111.61toFeeI1063:+eneghedcnductorslessthan750401n)Fcr avatined Fe mark!ant hmiatni aeras tseetlpnr-rt meetir3 reouncnvris of 23 CFR 1910.333,dinars mu y bo tedxcd to brie Atwell 2d CFR 1910.133 Tabq S5. 4. All exccralofs are required to corded the Sunsh-ne State than Cal of Florida,phoec number 1-800432-4770 or 811 a stream=of two working days (exciarEng weekends)in advance of cam encexent of e=rafon to ransom fac,'Gfe are located eccura1Ety 6. Conduct a3 to. fans and excavaFens in exordance Oh the Florida Statute 556 of the Underground Feriftlos Damage Prevention&Safety Ad and all tooaldly and countyordissarloas that may appy, d When an excavation fs to take piece whin a coelom:Zone,a n cxcevaior OM use Increased canton to protect underground faai"lies. The ptotedon regites hand dgg'og,pal hoSng,soft digging,mum methods,or stalerprotodores to Won*underground fadities. Acopy ofthis not iimmustbefxovk<edbr'pemutoeachconUactorandsubcontradaronthispro,'ecf,tobesharedsaihtheirsupenVernandcmp!oyeesprixto ca rrnendag nark on thin prq'cd. Mem bylstrlch rtes n0tSutensms proMci to cuskrxsr&Waroserec4x Address F?L ReprestoYzaru Riots ___�---- t CONis tivaky.e nVacor Reprc.lorno oder+ Oo:e - Fatal MR7.IRetil Form 3740GROA Rev. 07/31/12 Page 10 of 10 7.01 9ppMulhoe0em ap. ae r Coach &vhlF.O;SM1ehane aim) subject; t-Naples Mator Coa[h SDP Date: er Ir,ZOO 10:09:55 PM Attachments: I think you should also indicate the alternative plantings need the approval of FPL and the County. Scott A.Stone Assistant County Attorney Collier County Attorney's Office (239)252-5740 From:TempletonMark Sent:Friday,November 17,2017 10:09 AM To:Bob Mulhere<BobMulhere@hmeng.corn> Cc:Wilson Garcia<WilsonGarcia@hmeng.com>;Tom Taylor<TomTaybr@hmeng.com>;BellowsRay<RayBellows@colliergov.netu;StoneScott<ScottStone@colliergov.net>;ReischlFred <FredReischl@colllergov.netv;Stephanie Karol<StephanieKarol@hmeng.com> Subject RE:Hiwasse PDI-Naples Motor Coach SDP Bob!Scott, FPL is ok with palms as long as they are located such that the line is 10'from the end of a frond as shown in the below image from the FPL website.I think though that the language you want to add is ok with a slight tweak.Something like: Alternative plantings may be utilized in place of palms within the FPI.easement.Alternative plantings must be selected from FPL's recommended plant list and must meet the requirements of section 4.06.00 of the LDC 0 E Pay BIB A Outages Moving = Menu Q FPL ` Log In Email Address/User ID PasswordLOC IN ] Remembw my user ID !_I Form EmawUter IC or Password I Register Place,you can help reduce power outages and Pickers for you and your neighbors Here are fwe simple steps to smart landscaping: �rrr Wye Trees as nem+un se-Peck Large Palace set-main. Muds.Trees64 rmsanun pain t[u ar nwrman act.* Knuth pa ry 4 0,. Utility Pruning Zone 1/61. _II, Taman es.of mt..hag.e'rm+ee Mark Templeton,REA Principal Planner/Landscape Review Collier County Granth Management Department Development Review Division 2800 N.Horseshoe Drive Naples,FL 34104 Phone:239-252-2475 Fax:239-252-6945 Disclaimer-this email is not to be interpreted as an endorsement or approval of ans permit,plan,project,or deviation from the Land Development Code. How are we doing/ Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback) From:Bob Mulhere OnaiRmHobMulherertlhmeng road Sent:Thursday,November 16,2017 2:36 PM To:TempletonMark<jyarkTemnletnnlornlliergnv net> 0 Cc:Wilson Garcia<Witsoeuu riashmeng rum>;Tom Taylor<TnwTavinrtehmeng rnmu;BellowsRay<RavRellnws@rnlliergov net>;StoneScott<SenttStnne0e rnlliergnv net>;ReischlFred efredReisrhltairnlliereov nor';Stephanie Karol<SreohanieKaroll hmpng rnrst> Subject:Hiwasse PDI-Naples Motor Coach SDP Mark: Re;Hiwasse,It turns out that FPL will not allow planting of Sabal Palms(or any tall palms)within the FPL Easement,although the approved landscape exhibit(attached to the PUD as Exhibit"C") allows/suggests them.I propose adding a statement to exhibit"C"of the PUD that reads as follows: "Alternative plantings may be utilized in place of the suggested palms,with FPL and Collier County approval." Since Exhibit"C"identifies the list of plant material as"Plant Material Suggestions"this should be no problem. Scott.I am addressing your other comments in a pending resubmittal. Fred,do you expect to get the sufficiency letter to us shortly?Any other comments besides Scotts? �6 yW�Ee.ti fif/CP Uieo Prre.c'irlut, PlaKi.r�S'emkke,e Mai 950 Encore Way rt,~ Naples,FL 34110 Office:239.254.2000 Direct:239.254.2026 Fax:239.254.2099 Cell:239-825-9373 Serving Clients throughout Southwest Florida Since 1966 H.Mord.Inc Mier=la ay m ars ern dale Panwtrs.Hae mous.Inc cannot contra procedures used In retenng end man pwatng data y amwdms Hole votes,Peen= na does not warrantor tiw .can ..,ran w nttlury.w ev n ary dor.a HoM Monies.Inc p<ngn1 n revise may aaear ea.el any tine not=em assume]no for any damag s'�am.st en wmdlrecty wn ua me as a resp sem nix date The w• z wry Pe Hatt ascertain emaeq �ntmdedpmpoxme ux.agreestmn.wnuarengineer x em.rpdesvu,aecensure meeppIme.,xtie n.mae..�am is vitus HoleuaM to damages toured urecny«mdirecay ea a reran a errors,odmos a divepanunn me Installation o use>ws Nam...Use of Me data Paats Pat Pe user accept me a.ve amiuvw:xmese a▪ndldons ate data Hole on=nc. E�vny.wwes.n.L.Rto.e ea cooks should be dews,.]. wed*bP come addresseew may Mmem.w,Pattpd.trnat, an se am erne* wadPtaew.mgm.mese.P m.Maddedouzo,,w] n.]as na,tyoudret e da▪enation.dbmdueon. cern .0 MM....mueeuur panda.an,ave waved as wmm,unas,wew..pease rmeh uaemmwnery.a ernes e,paw*zea n.9,54-2.0.The.ydc Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. NIM Summary Hiwasee PUP (PDI-PL-20170002544) November 15, 2017, 5:30 PM Wednesday,November 15, 2017 at 5:30 p.m. Collier County Public Library Headquarters, Sugden Theater 2385 Orange Blossom Drive,Naples,Florida 34109 The MM was held for the above referenced petition submitted by Robert J. Mulhere, FAICP, Vice President, Planning Service and Business Development of Hole Montes, Inc. The petition is described as follows: An amendment to Ordinance No. 04-20, as amended, to allow for An insubstantial change to the Hiwasse PUD, Ordinance No. 05-59, as amended, to reduce the front yard setback, revise a development commitment relating to transportation, add two new development commitments relating to utilities, add two new deviations relating to landscaping and buffering, to remove one deviation relating to sidewalks and bike paths, to modify the plant material notes on Exhibit "C," and revise the Master Plan to reflect these changes. The subject property is located on the west side of Livingston Road, approximately one quarter mile south of Pine Ridge Road, in Section 13, Township 49 South, Range 25 East, Collier County, Florida, consisting of±13 acres. Note: This is a summary of the NIM. A recording is also provided. Attendees: On behalf of Applicants: Bob Mulhere,FAICP, Vice President, Planning Services, Hole Montes, Inc. Tom Taylor on behalf of Livingston Professional Center,LLC County Staff: Fred Reischl, AICP, Principal Planner Approximately 5 members of the public attended. Note: 3 members arrived at 5:00 PM and requested a summary of the project as they had another appointment and could not stay. They were residents of Kensington Park. After Mr. Mulhere explained the project and proposed PDI changes and responded to their questions related to access, building height, location of County easements and proposed County 10 foot wide bike path/sidewalk, they left at 5:20 PM expressing no concerns with the proposed changes. At 5:30 PM, Mr. Mulhere started the presentation by introducing himself and County staff. He then explained the MM process and the process for approval. Mr. Mulhere provided an overview of the project and reviewed the proposed insubstantial changes, including the need to provide for alternative plantings other than Sabal or Washingtonian Palms in the landscape buffer within the H:\2001\2001076\WP\PDI\NIM\NIM Summary(11-17-2017).docx FPL easement adjacent to Kensington, as FPL would not approve these type of pants die to height concerns. Since the ability to use alternative plants in this buffer was not part of the previously submitted changes, and the issue only came up a day before the NIM, Mr. Mulhere indicated at the NIM that such flexibility would be requested and that any alternative plants would be approved by both FPL and Collier County. Mr. Mulhere then explained all other requested changes. Two members of the public were in attendance. One was a resident of Kensington one was a resident of Brynwood Preserve (east across Livingston Road). The attendees asked several questions related to the following: • Site access • Lighting • Building height and locations • Hours of operation • Location of pathway • Location of proposed easements • Buffers along birder with Kensington and along Livingston Mr. Mulhere responded to all questions. Having no further questions, the attendees thank Mr. Mulhere. The meeting concluded at approximately 5:25 PM H:\2001\2001076\WP\PDI\NIM\NIM Summary(I 1-17-2017).docx �a rE Battu lrwø NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples, in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# HOLE MONTES INC 1799288 The Hiwasse NIM Pub Dates October 30,2017 L6*eazi (Sign ture of affiant) 4 .0.'"7"'NKAROLEKANGAS—— 0 4 . 't Notary Public—State ofRodda Sworn to and subscribed before me Commission a CG 126041 This October 30,2017 fAycomm'E�iimzam2t I (Signature of affiant) 24A a MONDAY,OCTOBER 10,2017 V NAPLES DAILY NEWS • Explosive growth of e-commerce could mean more jobs Christopher S.Rugaher --- -- - ASSOCIATED PRESS ;; ` - I, 11 .. X0 d v`.'._____.., t _ WASHINGTON-When the robots t `aj,• -- f n ...,--4.-----,-,,..4-- -,-. .. ys1° came to online retailer Boxed,dread a '! —.; came too:the familiar fear that the ma - j , • i '- . ,. l J J� chines would take over,leaving a trail of C .I r , .. ,] 4 `,� jt'L71 ql -4�' - j 71 _}__ unemployed humans In their wake. .. q - ?,.....„4- I •'74.'r s "I had a lot of people asking me, 1 ;1 tt`1 t 1•• k_ e 114.••1,.� - a- .-�- 'What is going to happen to us?''said -- ���lllll i - - Veronica Mena,a trainer for the e-corn- ` b- _ .�- merce startup. Anxiety had rippled . - -- .w t "c,.., -� .!9 through her co-workers after company .5 _ executives announced plans to open an '., automated warehouse innearby Union, I '� New Jersey. 12 ,y�T- _ t., �'.- Yet their fears didn't come to pass. g �-- `� = - , When the new warehouse opened l-.`'` a �E.,�': _ this spring,workers found that their ri----11 •1: r jobs were less physically demanding r > ilk than at the previous,manual warehouse 1' t. _ j in Edison,New Jersey.And rather than — '--�_ -- cutting jobs,the company added athird - , = - - shift tokeep upwith demand r h'0� `, ' gg n , What happened at Boxed-and has '//f i' 1 4 E:, t V '+ occurred elsewhere- suggests that -', fes, t 1 -- widespreadfearsaboutautomationand - - - job loss are often misplaced.Automa- ' .' '! 'iita 't.'. ton has helped create jobs in e-com- merce, •rather than eliminate them.By Packages ride on a conveyor system at an Amazon fulfillment center in Baltimore.Automation has helped create jobs In accelerating delivery times, robotics e-commerce,rather than eliminate them,experts say.PATRIcxsEMAruIY/AP and software have made online shop- ping an increasingly viable alternative to brick-and-mortar stores. paying people to do things we used to do time,it's nearly tripled its hourly work- that requires human judgment Soft- ourselves. force,from roughly 45,000 to nearly ware suggests to workers where each 'We need everyone'for work When people shop online,tasks that 125,000. item should be placed.But it's an em- consumers once did-drivingto a store, Online grocery shopping is also cre- ployee's responsibility to make sure the The surge in e-commerce has re- searching through aisles for a product, ating more jobs.Walmart is expanding tall,narrow shelves remain balanced. quired the rapid build-out of a vast net- bringing it to a cashier and paying for it its online grocery pickup service to The explosion of online commerce is work of warehouses and delivery sys- -are now done by warehouse employ- 2,000 stores,double the 7,000 where it also building demand for higher-paying tems that include both robots and hu- ees and truck drivers.People spend less Is now available.The company has cre- Jobs in software and robotics.Nearly mans.Even if the robots replace some time shoppingthaninthe past,research ated a new class of workers-"personal 14 percent of software job listings are people in each warehouse,the proffer- shows. shoppers"-to fill all the orders. now posted by retailers,according to ation of new warehouses should still That means the bankruptcies and data analyzed by Glassdoor,the Job generate hiring for years to come. store closings in the retail sector aren't Human Judgment still needed recruitment website.That share has "We're not looking to do the same the complete picture.Michael Mandel, doubled from 2012,said Andrew Cham- work with half the people,"said Rick an economist at the Progressive Policy Even with automation,there are still berlain,Glassdoor's chief economist. Zumpano,vice president for distribu- Institute,calculated that the number of jobs at all these warehouses for people. Automationandrobotics will onlyget ton at Boxed."Since we're growing,we e-commerce and warehousing jobs has Barbara Ward, 56, is a packer at more sophisticated in the future,which need everyone" leapt by 400,000 in the past decade, Boxed,and like all her colleagues,she will threaten some Jobs. Jobs have been lost at storefront re- easily offsetting the loss of 140,000 writes a thank-you note for each order "What's going to happen next is ro- ta0ers,which have suffered under he e- brick-and-mortar retail jobs. she packages.When a customer has or- bode arms,combined with visionterh- commerce onslaught But worries about Amazon accounts for much of the ad- dered diapers,a packer might write a nology and suction technology,"said a"retailapocalypse"wiping out many of dittonai employment Yet it's also at the congratulatory note. Mare Wulfraat,president of MWVPL,a z. the nations 16 million retail jobs have vanguard of automation. Since 2014, At Amazons Baltimore warehouse, consulting firm."You can be darn sure missed a more important trend:E-com- Amazon hasdeployed100,000 robots in employees called"stowers"stock the that Amazon will take the first swing at merce actually leads to more jobs by 25 warehouses worldwide.At the same shelves that are carried by robots.And It" The public is invited to attend a neighborhood information meeting held by Robert J.Mulhere,FAICP,Vice President of Hole Montes,Inc.on r synchrony behalf of the property owner at the following time and location: i BANK ++ Wednesday,November 15,2017 at 5:30 p.m. + +++++ Collier County Public Library Headquarters,Sugden Theater* +++++++ 2385 Orange Blossom Drive,Naples,Florida 34109 '++++++++ The following formal application has been made to Collier County: +++'1'++++ Petition PDI-PL20170002544-The Livingston Professional Center,LLC +++ +++ requests an insubstantial change to Ordinance No.04-75,as amended +++++++ by Ordinance No.08-34,The Hiwasse PUD to provide for a deviation 11 I 11 I I I 111 III I I from the perimeter landscape buffer along the southern PUD boundary; ++ clarification of required front yard setbacks;requirement that the developer +++++ + grant to Collier County various utility easements;and,clarification of I II I I 11 + + ++ ++ the requirement that the developer grant to Collier County an easement ,+,++++ ++ allowing for a 10-foot wide bike path/sidewalk.The subject PUG consists e + ++++ of 12.5± acres, and is located on the west side of Livingston Road .4*‘-+ + +++ + approximately V,mile south of Pine Ridge Road,in Section 13,Township +1 + + ++ 49 South,Range 25 East,Collier County,Florida[PDI-PL20170002544]. +e}+ + + + '' I- f , rer II_ �� . 'ln,o, t- _- JE T - II III 1111III 1i S '<-Ln g • `. !H i '.,�.., II i Acasr i THE HIWASSE.PUD I I 1 WE VALUE YOUR INPUT 1111111111 IIII I IIIIIII Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner and Collier 11111111 1 1 111 11 I 1111 County staff. If you are unable to attend this meeting,but have questions l I l 1 I I l 1111 11 III I or comments,they can be directed by mail,phone,or e-mail to: Robert J Mulhere,FAICP,Vice President,Planning Services I II II I I I I I I I I I I I I I I I I I II I I I I I I II I I I I I II Hole Montes,Inc. II IIIIIIIIIII 950 Encore Way,Naples,Florida 34110 Phone:239-254-2000,email:bobmulhere@hmeng.com mDDD®®m®D moot CC�CCCCC r�mCc *Please note that the Collier County Public Library does not sponsor or c LOC CC Q�Ctr COTS=IC=CC C CC[CC CCM=.Tw rCCC C�srmrnECCC EC DEC (CCITCC rosm.cr Cal O ccomalulnluL�cc�t�IC¢� endorse this program. rm-rcc=C�nx��commasco=ctomacC¢ r Member October 38,2017 ND-1799288 c COMr rrrrarrrmr¢���CCELI rtrn* ECEE FDIC IHMI HOLE MONTES ENGINEERS•PLANNERS•SURVEYORS 950 Encore Way•Naples,Florida 34110•Phone 239.254.2000•Fax:239.254.2099 October 30, 2017 Re: The Hiwasse PUD (PDI-PL20170002544) HM File No.: 2001.076 Dear Property Owner: Please be advised that Robert J. Mulhere, FAICP, Vice President, Planning Services and Business Development of Hole Montes, Inc. has made a formal application to Collier County: Petition PDI-PL20170002544 — The Livingston Professional Center, LLC requests an insubstantial change to Ordinance No. 04-75, as amended by Ordinance No. 08-34, The Hiwasse PUD to provide for a deviation from the perimeter landscape buffer along the southern PUD boundary; clarification of required front yard setbacks; requirement that the developer grant to Collier County various utility easements; and, clarification of the requirement that the developer grant to Collier County an easement allowing for a 10-foot wide bike path/sidewalk. The subject PUD consists of 12.5± acres, and is located on the west side of Livingston Road approximately 1/4 mile south of Pine ridge Road, in Section 13, Township 49 South, Range 25 East, Collier County, Florida [PDI-PL20170002544]. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to hear a presentation about this amendment and ask questions. The Neighborhood Information Meeting will be held on Wednesday, November 15,2017 at 5:30 p.m. at Collier County Public Library Headquarters, Sugden Theater* 2385 Orange Blossom Drive,Naples,Florida 34109. Should you have questions prior to the meeting,please feel free to contact me at 239-254-2000. Very truly yours, HOLE MONTES, INC. Robert J. Mulhere, FAICP Vice President,Planning Services RJM/sek *Please note that the Collier County Public Library does not sponsor or endorse this program. Naples•Fort Myers AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, the Collier County Land Development Code, as amended, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the County to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance. / ._.. (Signature of Applicant) ROBERT J. MULHERE, FAICP (Printed name of Applicant) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Affidavit of compliance was acknowledged before me this 2nd Day of November 2017, by ROBERT J. MULHERE, FAICP, who is personally known to me or who has produced as identification. - k\i)\ULU? \kCU\d (Signature of Notary Public) (Notary Seal) \A RIAW k•ka 10\ Printed Name of Notary Y P ,, STEPHANIEKAROL•"" "' ='0 ` °`%: Notary Public-State of Florida ", Commission#1 FF 939980 M .,,--�� �.� My Comm.Expires Mar 9,2020 4 "i iok Bonded through National Notary Assn. ie. — w— -,...--w— r lerme. 4 H:\2001\2001076\WP\PDI\NIM\Affidavit of Compliance NIM(11-2-2017).doc 091-8/091-9®fu9AV Dane algltedwoo ww Lg x ww gZ iewaoj op a}fanbl13 S3-ad`d1S 001_8/091-9©IcJanv gtlnn aIq edwoo„g/g Z x„L ezls jam 13010 POSITANO CIRCLE#306 i LAND TRUST ! ABELSON,JOAN S ACHILIA SERVICES INC 145 CUNNINGHAM DRIVE 4168 KENSINGTON HIGH ST 12936 VIOLINO LN APT 301 BARRIE, ON i NAPLES, FL 34105---6646 i i NAPLES, FL 34105---4928 CANADA L4N 5R3 • �, ! 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NCO 1 V 1n 1A >4 c Y H = U ao a) c - Z o f0 Y E• o a L o a, .cNf cu t +11,+ L \''' �-r Fri �, �, v N'Th, • SIGN POSTING INSTRUCTIONS (CHAPTER 8,COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15) calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code,Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails, staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable,the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED ROBERT J. MULHERE, FAICP WHO ON OATH SAYS THAT HE/SHE HAS POS i'hD PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PDI—PL20170002544 950 ENCORE WAY S G ATURE OF APPLICANT OR AGENT STREET OR P.O.BOX ROBERT J. MULHERE, FAICP NAPLES, FL 34110 NAME(TYPED OR PRINTED) CITY, STA I h ZIP # HOLE MONTES, INC. STA IE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this 22nd day of December 2017 by ROBERT J. MULHERE personally known to me or who produced as identification _ and who did/did not take an oath. _Akp h ,�,4`�`pv ops,, STEPHANIE KAROL � o ,.,, 0 Signa e r� � 1�� f} of Notary Public a• -`. c Notary Public.State of Florida o•• •0 ••o Commission#FF 939980 %;� �•�:� MyComm.Expires Mar 9,2020 MSTEPHANIE KAROL ..... 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Vergara From: VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Sent: Friday, December 15, 2017 2:12 PM To: Minutes and Records Cc: Ann P.Jennejohn; BellowsRay; BosiMichael; KendallMarcia; PageErin; NeetVirginia; RodriguezWanda; SmithCamden; StoneScott; GundlachNancy Subject: HEX Advertisement Request PL20160003482 Attachments: 2 x 3 Ad Map.pdf; Ad Request.docx; Signed Ad Request PL20160003482.pdf Follow Up Flag: Follow up Flag Status: Completed Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Because of the holidays, we will have to run this ad on 12/21 instead of the original date of 12/22. Respectfully, PedWeet Ateeetee0 Operations Coordinator CO ler GountY Zoning Division NOTE:New Email Address as of 12/09/2017: Jessica.velasco@colliercountyfl.gov 2800 North Horseshoe Drive,Naples Florida 34104 Phone:239.252.2584 "Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvqT." Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 December 15, 2017 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on December 21st, 2017. and furnish proof of publication to the attention of Nancy Gund|ach, Principal Planner in the Growth Management �. Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 paqe advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the followinq on ALL Invoices: DIVISION: ZONING [Zoning Services Seetion} FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER 4600182060 Account Number: 076397 Authorized Designee signature for HEX Advertising PL20180003482 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., January 11th, 2018, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: PETITION NO. PDI-PL20160003482 = DISTINCTIVE RESIDENTIAL DEVELOPMENT AT LIVINGSTON,LLC REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO.2008-06,AS AMENDED, THE PEZZETTINO DI CIELO RPUD, TO ADD TWO DEVIATIONS RELATING TO LANDSCAPE BUFFERS AND FENCE/WALL HEIGHT,TO DELETE ONE DEVIATION RELATING TO CUL DE SAC LENGTH, TO MODIFY DEVELOPMENT STANDARDS RELATING TO MINIMUM PRINCIPAL AND ACCESSORY STRUCTURE SETBACKS, TO ADD A NEW CROSS SECTION EXHIBIT, AND TO REVISE THE MASTER PLAN TO RECONFIGURE THE SITE LAYOUT.THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD, APPROXIMATELY ONE-HALF MILE NORTH OF VETERANS MEMORIAL BOULEVARD, IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF±17.52 ACRES. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida Z u o w Q O IX O A 175 Livingston RD U g ci'_. E Tmi7RLN Z Acct #076397 December 15, 2017 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PDI-PL20170003482, Distinctive Residential Development at Livingston, LLC (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Thursday, December 21, 2017, and send the Affidavit of Publication, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500182060 December 15, 2017 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on December 21st, 2017, and furnish proof of publication to the attention of the Board's Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500182060 Account Number: 076397 Authorized Designee signature for HEX Advertising PL20160003482 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., January 11th, 2018, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: PETITION NO. PDI-PL20160003482 — DISTINCTIVE RESIDENTIAL DEVELOPMENT AT LIVINGSTON, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 2008-06, AS AMENDED, THE PEZZETTINO DI CIELO RPUD, TO ADD TWO DEVIATIONS RELATING TO LANDSCAPE BUFFERS AND FENCE/WALL HEIGHT, TO DELETE ONE DEVIATION RELATING TO CUL DE SAC LENGTH, TO MODIFY DEVELOPMENT STANDARDS RELATING TO MINIMUM PRINCIPAL AND ACCESSORY STRUCTURE SETBACKS, TO ADD A NEW CROSS SECTION EXHIBIT, AND TO REVISE THE MASTER PLAN TO RECONFIGURE THE SITE LAYOUT. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD, APPROXIMATELY ONE-HALF MILE NORTH OF VETERANS MEMORIAL BOULEVARD, IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF±17.52 ACRES. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida W O 175 • Livingston RD :,:tt- tt-- t;r: q",533d d ()pc, a m o Lg •p /p 1 amiTRLN Z r Martha S. Vergara From: Martha S. Vergara Sent: Friday, December 15, 2017 3:57 PM To: Legals NDN (legals@naplesnews.com) Subject: PDI-PL20160003482 Distinctive Res. Dev. at Livingston, LLC Attachments: PDI-PL20160003482 Distinctive Residential Development at Livingston, LLC (HEX 01-11-18).doc; PDI-PL20160003482 Distinctive Residential Development at Livingston, LLC (HEX 01-11-18).doc; PDI-PL20160003482 Distinctive Residential Development at Livingston, LLC (HEX 01-11-18).pdf Hello, Please advertise the following attached ad Thursday, December 21, 2017 (display ad w/map). Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 • E-mail: martha.vergara@collierclerk.com 1 Martha S. Vergara From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Monday, December 18, 2017 8:36 AM To: Minutes and Records Cc: VelascoJessica; SmithCamden; StoneScott Subject: re: HEX Advertisement Request PL20160003482 Attachments: 2 x 3 Ad Map.pdf;Ad Request.docx; Signed Ad Request PL20160003482.pdf This ad request is also good. Wanda Rodriguez, .ACP Advanced Certified Paralegal' Office of the County .Attorney (239)252-84o0 From:VelascoJessica Sent: Friday, December 15, 2017 2:12 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; BellowsRay<Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; KendallMarcia <Marcia.Kendall@colliercountyfl.gov>; PageErin <Erin.Page@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; StoneScott <Scott.Stone@colliercountyfl.gov>; GundlachNancy<Nancy.Gundlach@colliercountyfl.gov> Subject: HEX Advertisement Request PL20160003482 Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Because of the holidays, we will have to run this ad on 12/21 instead of the original date of 12/22. Respectfully, {/eelJ Operations Coordinator Corner County Zoning Division NOTE:New Email Address as of 12/09/2017: Jessica.velasco@colliercountyfl.gov 2800 North Horseshoe Drive,Naples Florida 34104 Phone:239,252.2584 "Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvgT." 1 Martha S. Vergara From: NDN-Legals <legals@naplesnews.com> Sent: Monday, December 18, 2017 9:06 AM To: Martha S. Vergara Subject: FW: PROOF! NDN ad 1860416 run date 12/21 Attachments: ND-1860416.pdf Good morning Martha, here is the proof for 1860416 run date 12/21 Thank you, Mereida Cardenas Legal Advertising Specialist Naples Daily News PART OF THE USA TODAY NETWORK Office: 239.213.6061 Mereida.Cardenas@naplesnews.com naplesnews.com From: Matthews, Victoria Sent: Monday, December 18, 2017 9:05 AM To: NDN-Legals Subject: PROOF! NDN ad 1860416 run date 12/21 Proof attached.Thanks! Victoria Matthews Sales Coordinator Na Daily News News-Press PART OF THE USA TODAY NETWORK Office: 239.263.4747 Victoria.Matthews@naplesnews.com naplesnews.com From: NDN-Legals Sent: Friday, December 15, 2017 4:13 PM To: Matthews, Victoria <Victoria.Matthews@naplesnews.com> Subject: NDN ad 1860416 run date 12/21 3 X 9.25 NDN ad 1860416 run date 12/21 Send proof to legals@naplesnews.com 1 Karol Kangas USA TODAY Daily News TCPALM NETWORK knox news. Office: 239.263.4710 kkangas@gannett.com gannett.com From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Friday, December 15, 2017 3:57 PM To: NDN-Legals<Iegals@naplesnews.com> Subject: PDI-PL20160003482 Distinctive Res. Dev. at Livingston, LLC Hello, Please advertise the following attached ad Thursday, December 21, 2017 (display ad w/map). Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office; (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara(t�collierclerk.com Please visit us on the web at https://protect-us.mimecast.com/s/NZODCBBXwLtBrNPkSNJoJci?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesktacollierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierCierk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 2 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., January 11th, 2018, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: PETITION NO. PDI-PL20160003482 -DISTINCTIVE RESIDENTIAL DEVELOPMENT AT LIVINGSTON, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 2008-06,AS AMENDED,THE PEZZETTINO DI CIELO RPUD,TO ADD TWO DEVIATIONS RELATING TO LANDSCAPE BUFFERS AND FENCE/WALL HEIGHT, TO DELETE ONE DEVIATION RELATING TO CUL DE SAC LENGTH, TO MODIFY DEVELOPMENT STANDARDS RELATING TO MINIMUM PRINCIPAL AND ACCESSORY STRUCTURE SETBACKS,TO ADD A NEW CROSS SECTION EXHIBIT,AND TO REVISE THE MASTER PLAN TO RECONFIGURE THE SITE LAYOUT.THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD,APPROXIMATELY ONE-HALF MILE NORTH OF VETERANS MEMORIAL BOULEVARD, IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY, FLORIDA,CONSISTING OF±17.52 ACRES. PROJECT der,C;��t�i7ty LOCATION ,� CaA�e�{.,aunty i o• \a 0 d r � Z 10 N 7 111th AVE N Immokalee RD o All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida December 21, 2017 ND-1860416 ND1B60118 0 PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT: 12/15/2017 7:15 PM SALES PERSON: NDN7103 PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE: 12/21/17 ND-1860416.INDD SIZE:3 col X 9.25 in Martha S. Vergara From: Martha S. Vergara Sent: Monday, December 18, 2017 9:15 AM To: VelascoJessica; Smith, Camden; Gundlach, Nancy Subject: PDI-PL20160003482 Distinctive Residential Development at Livingston, LLC Attachments: ND-1860416.pdf Morning All, Attached for your review is the referenced ad proof. Please let me know of any changes needed. Thanks, Martha ,tt 1 1' Martha S. Vergara From: Martha S. Vergara Sent: Monday, December 18, 2017 9:18 AM To: Bellows, Ray (RayBellows@colliergov.net) Subject: FW: PDI-PL20160003482 Distinctive Residential Development at Livingston, LLC Attachments: ND-1860416.pdf Morning Ray, I just received Nancy's out of office. Please review and let me know of any changes needed for this ad proof. Thanks, Martha From: Martha S.Vergara Sent: Monday, December 18, 2017 9:15 AM To:VelascoJessica <JessicaVelasco@colliergov.net>; Smith, Camden<CamdenSmith@colliergov.net>; Gundlach, Nancy <NancyGundlach@colliergov.net> Subject: PDI-PL20160003482 Distinctive Residential Development at Livingston, LLC Morning All, Attached for your review is the referenced ad proof. Please let me know of any changes needed. Thanks, Martha Martha S. Vergara From: SmithCamden <Camden.Smith@colliercountyfl.gov> ' Sent: Monday, December 18, 2017 9:32 AM To: Martha S. Vergara;VelascoJessica; GundlachNancy Subject: RE: PDI-PL20160003482 Distinctive Residential Development at Livingston, LLC Approved on behalf of planner.Title is correct. Respectfully, Camden Smith, MPA Operations Analyst-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-1042 Note:Email Address Has Changed Camden.smith@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXivaT. tler County p Exceeding Expectations From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Monday, December 18, 2017 9:15 AM To:VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; GundlachNancy<Nancy.Gundlach@colliercountyfl.gov> Subject: PDI-PL20160003482 Distinctive Residential Development at Livingston, LLC Morning All, Attached for your review is the referenced ad proof. Please let me know of any changes needed. Thanks, Martha Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Martha S. Vergara From: Martha S.Vergara Sent: Monday, December 18, 2017 9:49 AM To: 'BellowsRay' Subject: RE: PDI-PL20160003482 Distinctive Residential Development at Livingston, LLC Thanks Ray! Have a Merry Christmas and a Safe and Happy New Year!! From: BellowsRay [mailto:Ray.Bellows@colliercountyfl.gov] Sent: Monday, December 18, 2017 9:29 AM To: Martha S.Vergara <Martha.Vergara@collierclerk.com> Cc: GundlachNancy<Nancy.Gundlach@colliercountyfl.gov>; StoneScott<Scott.Stone@colliercountyfl.gov> Subject: FW: PDI-PL20160003482 Distinctive Residential Development at Livingston, LLC Good morning, I have reviewed the attached add and it is consistent with Nancy's files in City View. Therefore, I don't have any changes to this notice. Thanks Rag Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 erty Exceeding expedtations, everyday! Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXivu . From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Monday, December 18, 2017 9:18 AM To: BellowsRay<Ray.Bellows@colliercountyfl.gov> Subject: FW: PDI-PL20160003482 Distinctive Residential Development at Livingston, LLC Morning Ray, I just received Nancy's out of office. Please review and let me know of any changes needed for this ad proof. Martha S. Vergara From: SmithCamden <Camden.Smith@colliercountyfl.gov> Sent: Monday, December 18, 2017 9:56 AM To: Martha S.Vergara Subject: RE: PDI-PL20160003482 Distinctive Residential Development at Livingston, LLC Same—Jessica Seeking. Standby. Respectfully, Camden Smith, MPA Operations Analyst-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-1042 Note:Email Address Has Changed Camden.smith@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXivcT. trier t County Exceeding Expectations From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Monday, December 18, 2017 9:50 AM To:SmithCamden<Camden.Smith@colliercountyfl.gov> Subject: RE: PDI-PL2016O003482 Distinctive Residential Development at Livingston, LLC What about the petitioner's approval for the ad proof? From: SmithCamden [mailto:Camden.Smith@colliercountyfl.gov] Sent: Monday, December 18, 2017 9:32 AM To: Martha S.Vergara <Martha.Vergara@collierclerk.com>;Velascolessica <Jessica.Velasco@colliercountvfl.gov>; GundlachNancy<Nancy.Gundlach@colliercountyfl.gov> Subject: RE: PDI-PL2O16O003482 Distinctive Residential Development at Livingston, LLC Approved on behalf of planner.Title is correct. Respectfully, Camden Smith, MPA Operations Analyst-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-1042 Note:Email Address Has Changed Camden.smith@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXivqT. 1 Martha S. Vergara From: Martha S. Vergara Sent: Monday, December 18, 2017 9:58 AM To: 'SmithCamden' Subject: RE: PDI-PL20160003482 Distinctive Residential Development at Livingston, LLC I also received and ok from Ray Bellows per Nancy! From:SmithCamden [mailto:Camden.Smith@colliercountyfl.gov] Sent: Monday, December 18, 2017 9:32 AM To: Martha S.Vergara <Martha.Vergara@collierclerk.com>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; GundlachNancy<Nancy.Gundlach@colliercountyfl.gov> Subject: RE: PDI-PL2O160003482 Distinctive Residential Development at Livingston, LLC Approved on behalf of planner. Title is correct. Respectfully, Camden Smith, MPA Operations Analyst-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-1042 Note:Email Address Has Changed Camden.smith@u colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at https://goo.glLXjvgI. ro 7 'r COI4VrtY Exceeding Expectations From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Monday, December 18, 2017 9:15 AM To:VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; GundlachNancy<Nancy.Gundlach@colliercountyfl.gov> Subject: PDI-PL2016O003482 Distinctive Residential Development at Livingston, LLC Morning All, Attached for your review is the referenced ad proof. Please let me know of any changes needed. Thanks, Martha 1 Martha S. Vergara From: Ve|asco]esoica <Jessica.Velasco@colliercountyfl.gov> Sent: Monday, December 18, 2017 11:37 AM To: Minutes and Records Cc: RodriguezWanda; SmithCamden; ReischlFred; Martha S.Vergara Subject: FW: Ad Approval for your review for PL20170002544 Hiwasse PDI Attachments: RE: PDI-PL20170002544, Livingston Pro Center, LLC Good Morning, Below you will find the Ad Approval from the applicant.Attached is the planner's approval. Respectfully, 9€4 41:C4 Vee44C0 Operations Coordinator CortY&r County Zoning Division NOTE:New Email Address as of 12/09/2017: U� Jessica.velasco@colliercountvfl.gov 2800 North Horseshoe Drive, Naples Florida 34104 Phone:239.252.2584 "Tell us how we are doing by taking our Zoning Division Survey at https://goo.glieXjvqT." Under Florida Law, e-mail addresses are public records If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity Instead, contact this office by telephone or in writing. From: Bob K4u|here [mnai|to:BobK4u|here@hnneng.cono] Sent: Monday, December 18, 2017 11:31 AM To:VelascoJessica <Jessica.Velasco@colliercountyfl.gov>;Stephanie Karol <StephanieKarol@hmeng.com> Cc:Snoith[amden [enoden.SnoithpDcoUiercountyfiAov Subject: RE:Ad Approval for your review for PL20170002544 Hiwasse PDI Look s good.Thank you. Bob Mulh8F8. FAICP Vice President, Planning Services HOLE MONTES 1 HOLE MONTES 239-254-2000 Direct: 239-254-2026 Cell: 239-825-9373 From: VelascoJessica [mailto:Jessica.Velasco@ colliercountyfl.gov] Sent: Monday, December 18, 2017 10:03 AM To: Bob Mulhere; Stephanie Karol Cc: SmithCamden Subject: Ad Approval for your review for PL20170002544 Hiwasse PDI Importance: High Bob, Advertisement for: Hiwasse PDI, PL20170002544 for the HEX hearing on 1/11/18. The public notice ad for Naples Daily is attached for your approval. Please send your approval in writing via email. If you wish to revise any portion of it(specifically the title), please respond with strike through and underline as to your proposed revision, which we will forward to the County Attorney for a decision. If you approve the ad, please reply approved. Respectfully, Pa (/ee414,C4 Operations Coordinator CO ler County Zoning Division NOTE:New Email Address as of 12/09/2017: Jessica.velasco@colliercountyfl.gov 2800 North Horseshoe Drive,Naples Florida 34104 Phone:239.252.2584 "Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvqT." Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Monday, December 18, 2017 9:21 AM To:VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; SmithCamden <Camden.Smith{c colliercountyfl.gov>; 2 Martha S. Vergara From: VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Sent: Monday, December 18, 2017 11:52 AM To: Martha S.Vergara Subject: RE: Ad Approval for your review for PL20170002544 Hiwasse PDI You are welcome! I will send the other ad approval as soon as it comes through. Merry Christmas and Happy New year too! Can't believe this year is almost over. From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Monday, December 18, 2017 11:45 AM To:VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; Minutes and Records<MinutesandRecords@collierclerk.com> Cc: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; ReischlFred <Fred.Reischl@colliercountyfl.gov> Subject: RE: Ad Approval for your review for PL20170002544 Hiwasse PDI Thanks Jessica �.. Martha From:VelascoJessica [mailto:Jessica.Velasco@colliercountvfl.gov] Sent: Monday, December 18, 2017 11:37 AM To: Minutes and Records<MinutesandRecords@ycollierclerk.com> Cc: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; SmithCamden<Camden.Smith@colliercountyfl.gov>; ReischlFred<Fred.Reischl@colliercountyfl.gov>; Martha S.Vergara <Martha.Vergarac collierclerk.com> Subject: FW: Ad Approval for your review for PL20170002544 Hiwasse PDI Good Morning, Below you will find the Ad Approval from the applicant.Attached is the planner's approval. Respectfully, 1 Martha S. Vergara From: VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Sent: Monday, December 18, 2017 4:38 PM To: Minutes and Records Cc: Martha S. Vergara; SmithCamden; GundlachNancy; RodriguezWanda Subject: FW: PDI-PL20160003482 Distinctive Residential Development at Livingston, LLC Attachments: RE: PDI-PL20160003482 Distinctive Residential Development at Livingston, LLC Good Afternoon, Below you will find the agent's approval. Attached is the planner's approval. Respectfully, pedaeet''e 44e Operations Coordinator CAr County Zoning Division NOTE:New Email Address as of 12/09/2017: Jessica.velasco@colliercountvfl.gov 2800 North Horseshoe Drive,Naples Florida 34104 Phone:239.252.2584 "Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvgT." Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From:Sharon Umpenhour [mailto:SUmpenhour@gradyminor.com] Sent: Monday, December 18, 2017 3:31 PM To:VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; Wayne Arnold <WArnold@gradyminor.com> Subject: RE: PDI-PL20160003482 Distinctive Residential Development at Livingston, LLC Jessica, The ad has been reviewed and approved. Sharon Umpenhour Senior Planning Technician 1 Arr Martha S. Vergara From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Monday, December 18, 2017 4:40 PM To: Minutes and Records Cc: VelascoJessica; SmithCamden; GundlachNancy; StoneScott Subject: re: PDI-PL20160003482 Distinctive Residential Development at Livingston, LLC Attachments: RE: PDI-PL20160003482 Distinctive Residential Development at Livingston, LLC The ad looks good here too, thank you! Wanda Rodriguez, MCP .Advanced Certified Paralegal Office of the County.Attorney (239)252-8400 From:VelascoJessica Sent: Monday, December 18, 2017 4:38 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: Martha S.Vergara <Martha.Vergara@collierclerk.com>; SmithCamden <Camden.Smith@colliercountyfl.gov>; GundlachNancy<Nancy.Gundlach@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: FW: PDI-PL20160003482 Distinctive Residential Development at Livingston, LLC Good Afternoon, Below you will find the agent's approval. Attached is the planner's approval. Respectfully, Pettae,A 1` C Operations Coordinator Co rer County Zoning Division NOTE:New Email Address as of 12/09/2017: Jessica.velasco@colliercountyfl.gov 2800 North Horseshoe Drive,Naples Florida 34104 Phone:239.252.2584 "Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvgT." Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Martha S. Vergara From: Martha S.Vergara Sent: Monday, December 18, 2017 4:54 PM To: Naples Daily News Legals Subject: RE: PROOF! NDN ad 1860416 run date 12/21 Hi Mereida, This ad has been approved by the legal department. Please proceed with publishing as requested. Thanks, Martha From: NDN-Legals [mailto:legals@naplesnews.com] Sent: Monday, December 18, 2017 9:06 AM To: Martha S.Vergara <Martha.Vergara@collierclerk.com> Subject: FW: PROOF! NDN ad 1860416 run date 12/21 Good morning Martha, here is the proof for 1860416 run date 12/21 Thank you, Mereida Cardenas Legal Advertising Specialist Naples Daily News PART OF THE USA TODAY NETWORK Office: 239.213.6061 Mereida_Cardenas(a�naplesnews.com naplesnews.com From: Matthews, Victoria Sent: Monday, December 18, 2017 9:05 AM To: NDN-Legals Subject: PROOF! NDN ad 1860416 run date 12/21 Proof attached.Thanks! Victoria Matthews Sales Coordinator - Naples Daily News News-Press PART OF THE USA TODAY NETWORK Office:239.263.4747 Victoria.Matthewsnaplesnews.com 1 NAPLESNEWS.COM 1 THURSDAY, DECEMBER 21, 2017 I 17A1 NOTICE OF-Pr B IO'HEARIN Nofl`cis`is hereby given that a pultc hearing will be held by theECollier County Hearing Examiner (HEX) at 9:00 A.M., January 11th, 2018, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: PETITION NO. PDI-PL20160003482 - DISTINCTIVE RESIDENTIAL DEVELOPMENT AT LIVINGSTON, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 2008-06,AS AMENDED,THE PEZZETTINO DI CIELO RPUD,TO ADD TWO DEVIATIONS RELATING TO LANDSCAPE BUFFERS AND FENCE/WALL HEIGHT, TO DELETE ONE DEVIATION RELATING TO CUL DE SAC LENGTH, TO MODIFY DEVELOPMENT STANDARDS RELATING TO MINIMUM PRINCIPAL AND ACCESSORY STRUCTURE SETBACKS,TO ADD A NEW CROSS SECTION EXHIBIT,AND TO REVISE THE MASTER PLAN TO RECONFIGURE THE SITE LAYOUT.THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD,APPROXIMATELY ONE-HALF MILE NORTH OF VETERANS MEMORIAL BOULEVARD, IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF±17.52 ACRES. PROJECT /eeCoun111thAVEN ImmokaleeRD 0 I t 1 I ( a , All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida I December 21,2017 ND-1860416 ND-1I$0416 III NAPLESNEWS.COM 1 THURSDAY, DECEMBER 21, 2017 I 17/0 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., January 11th, 2018, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. PDI-PL20160003482 - DISTINCTIVE RESIDENTIAL DEVELOPMENT AT LIVINGSTON, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 2008-06,AS AMENDED,THE PEZZETTINO DI CIELO RPUD,TO ADD TWO DEVIATIONS RELATING TO LANDSCAPE BUFFERS AND FENCE/WALL HEIGHT, TO DELETE ONE DEVIATION RELATING TO CUL DE SAC LENGTH, TO MODIFY DEVELOPMENT STANDARDS RELATING TO MINIMUM PRINCIPAL AND ACCESSORY STRUCTURE SETBACKS,TO ADD A NEW CROSS SECTION EXHIBIT,AND TO REVISE THE MASTER PLAN TO RECONFIGURE THE SITE LAYOUT.THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD,APPROXIMATELY ONE-HALF MILE NORTH OF VETERANS MEMORIAL BOULEVARD, IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY, FLORIDA, CONSISTING OF±17.52 ACRES. PROJECT ,,-Ly LOCATION _____31. E.�� a // o` co 3. r 9 Z `° CI) 0 n 7 111th AVE N ( Immokalee RD o 1 1-7+7 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida December 21, 2017 ND-1860416 NO-1860416