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Agenda 03/26/2013 Item #16A113/26/2013 16.A.11. EXECUTIVE SUMMARY Recommendation to consider the developer's request to release a PUD Commitment within the Tuscany Reserve PUD. OBJECTIVE: To review the developer's request and staff's recommendations regarding the release of a PUD commitment for the dedication of right -of -way within the Tuscany Reserve PUD. CONSIDERATIONS: The new developer of the Tuscany Reserve PUD, now being developed under the name "Talis Park ", has filed a request pursuant to Section 10.02.13.F.5 of the Land Development Code for release of a PUD commitment. This LDC Section states: A release of a PUD commitment determined to no longer be necessary shall be brought as an agenda item to the Board of County Commissioners for their approval. Staff and the developer agree that the commitment is no longer necessary. The developer has therefore asked staff to place this request on a regularly scheduled Board agenda for consideration. In January 2000, the Board of County Commissioners (BCC) first approved the Ronto Livingston PUD for 1,380 dwelling units on approximately 463 acres. The PUD which was later amended to reduce the density to 799 units and renamed as Tuscany Reserve required dedication of right -of -way for the north/south and east/west segments of Livingston Road. Section 7.7 M of the current PUD which contains the requirement states the following: For the north/south Livingston Road segment fronting the Tuscany Reserve PUD, the developer shall dedicate and convey 50 feet of right -of -way in fee simple title along with a 15 foot wide easement for utility and/or right -of -way purposes. For the Livingston Road east /west segment, the Developer shall dedicate and convey 150 feet of right -of -way in fee simple title north of the section line of Section 12. This east /west specified right -of -way and utility easement shall be transferred to Collier County prior to the recordation of the Tuscany Reserve Phase H Plat. These dedications shall follow the requirements of the LDC. The north/south segment was conveyed to the County many years ago and is now paved and used for Livingston Road. At the time of the original PUD approval the County's Long Range Transportation Plan (LRTP) called for the east/west segment to extend with a "fly- over" across I- 75 to connect to an access road on the east side of I -75. This LRTP identification of a future roadway served as the legal basis for the requirement to dedicate right -of -way for the east/west segment. In this past year the Metropolitan Planning Organization (MPO) deleted the four -lane roadway from the 2035 LRTP and noted that the east/west segment of Livingston Road now Packet Page -594- 3/26/2013 16.A.11. known as Veteran's Memorial Boulevard would remain two lanes. The stated reason for the deletion is "demand is reduced since it no longer extends to the east over I -75." - On the Plat of Tuscany Reserve this east/west road segment was identified as reserved for future right -of -way dedication to Collier County. The western half of the reserved right -of -way is paved and provides secondary access to the Tuscany Reserve PUD, the Strand PUD and future access to the vacant parcels adjacent to it. The paved half ends in a cul -de -sac and was conveyed to Collier County in August 2012. The developer is requesting that the BCC make a determination pursuant to LDC Section 10.02.13.F.5 that the remainder of the PUD commitment to convey the unpaved portion of the east/west segment of Livingston Road a/k/a Veteran's Memorial Boulevard is no longer necessary due to its deletion from the 2035 LRTP. Staff has evaluated the developer's request and believes that the commitment for the dedication can be eliminated. The FDOT was contacted and asked to review the following conditions and possibilities: • The right -of -way committed directly connects to I -75 at a planned location evenly spaced approximately two miles between Bonita Beach Road and Immokalee Road. • The right -of -way is still viable for a future connection to I -75 as a single direction on and off ramp. The interchanges located at Bonita Beach Road and Inimokalee Road have been both designed to last approximately twenty to twenty five years. This location could easily serve as a relief point when the two noted interchanges begin to fail. • The right -of -way is aligned with the planned four -lane section of Veterans Memorial Boulevard west of Livingston Road. • The right -of -way abuts a Florida Department of Transportation (FDOT) pond site. • This right -of -way could also serve as a rest area, emergency connection, and emergency service area. The information was forwarded to the Department Heads within the FDOT district and the overwhelming response was "we do not see a need for the land to be retained". Based on the above response, staff is recommending that the Board approve the developer's request to eliminate the commitment to complete an additional conveyance of right -of -way as outlined within paragraph M of section 7.7 of Ordinance 03 -28. FISCAL IMPACT: There are no negative fiscal impacts should the Board approve the developer's request. GROWTH MANAGEMENT IMPACT: None LEGAL CONSIDERATIONS: This item has been reviewed by the Count Attorney, is legally sufficient, and requires majority support for approval. -JAK RECOMMENDATION: That the BCC acknowledge that the right -of -way dedicated to the County as of March 1, 2013 satisfies the intent of section 7.7 paragraph M of Ordinance 03 -28 Packet Page -595- 3/26/2013 16.A.11. /—N and direct the County Manager or his designee to notify the developer that the commitment for any additional right -of -way has been released by Board approval. n Prepared by: Nick Casalanguida, Administrator, Growth Management Division Attachments: 1) Developer's request and back up material; 2) FDOT's response Packet Page -596- 3/26/2013 16.A.11. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.11. Item Summary: Recommendation to consider the developer's request to release a PUD Commitment within the Tuscany Reserve PUD. Meeting Date: 3/26/2013 Prepared By Name: PuigJudy Title: Operations Analyst, GMD P &R 3/19/2013 9:06:25 AM Submitted by Title: Deputy Administrator - GMD,Business Management & B Name: CasalanguidaNick 3/19/2013 9:06:27 AM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 3/19/2013 9:39:54 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 3/19/2013 10:03:50 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 3/19/2013 10:35:49 AM Name: KlatzkowJeff Title: County Attorney Date: 3/19/2013 1:36:07 PM Name: OchsLeo Packet Page -597- Title: County Manager Date: 3/19/2013 3:20:41 PM Packet Page -598- 3/26/2013 16.A.11. .. { .85itPnwc= SkTORE >c " t ADDRESS A LEGAL PROFESSIONAL ASSOCIATION September 18, 2012 Nick Casalanguida, Administrator VIA: U.S. Mail Growth Management Division Planning and Regulation 2800 N. Horseshoe Drive Naples, FL 34I04 TRIANON CENTRE -THIRD FLOOR NAPLES, FL 34103 239.649.2708 DTRECr 239.649.6200 MArN 239.261.3659 FAX band- non*ralaw.com www.ralaw.com Re: Request for Release of PUD Commitment Tuscany Reserve PUD Dear Mr. Casalanguida: This letter is filed pursuant to Section 10.02.131.5 of the Land Development Code for release of a PUD commitment. In January 2000 the Board of County Commissioners ( "BCC ") first approved the Ronto Livingston PUD and DRI for 1380 dwelling units on approximately 463 acres. The PUD which was later amended and renamed as Tuscany Reserve required and still requires dedication of right -of -way for the north/south and east/west segments of Livingston Road. A copy of Section 7.7 M of the current PUD which contains the requirement is attached as Exhibit 1. The north/south segment was conveyed to the County many years ago and is now paved and used for Livingston Road. At the time of the original PUD approval the County's Long Range Transportation Plan ( "LRTP ") called for the cast/west segment to extend with a fly -over across 1 -75 to connect to an access road along the east side of 1 -75. This LRTP identification of a future roadway served as the legal basis for the requirement to dedicate right -of -way for the cast/west segment. In this past year the County deleted from the 2035 LRTP the cast/west segment of Livingston Road now known as Veteran's Memorial Boulevard. Attached as Exhibit 2 is Table 10 -3 from the 2035 LRTP which states that the reason for deletion is "demand is reduced since it no longer extends to east over 1 -75." Also, attached as Exhibit 3 is a page from the transcript of the January 19, 2012 Planning. Commission hearing on Tuscany Reserve where the County Transportation Planning staff responded to a question from the Planning Commission concerning the status of the east -west portion of Livingston Road. At the Planning Commission hearing it was confirmed under oath that: NEW YORK CHICAGO CLEVELAND To i.u)o AKRON COLUMBUS C€NCVNAII WASHINGTON, D.C. TALLAi4.A& E ORLANDO Fowl* my6 s NAPLFS rORI IAUDER €)ALE Packet Page -599- 3/26/2013 16.A.11. September 18, 2012 Page 2 The east/west portion of Livingston Road, what we call — used to call Livingston east -west is now referred to as Veterans Memorial Boulevard. The section east of Livingston Road today between Livingston & 1 -75 is not planned at any time to be a four lane road. That is the current 2035 LRTP, and it does not cross over 1 -75. On the Plat of Tuscany Reserve this east/west road segment was identified as reserved for future right -of -way dedication to Collier County. The western half of the reserved right -of -way is paved and provides secondary access to the Tuscany Reserve PUD and the Strand PUD. The paved half ends in a cul -de -sac. Attached as Exhibit 4 is the PUD Master Plan where the reserved right -of -way and cul -de -sac is shown along the south boundary of the PUD. Attached as Exhibit 5 is a July 2011 aerial photo which shows the current condition of the reserved ri ght- of -way where the paved road ends in a cul -de -sac. This paved western half was conveyed to Collier County in August 2012. A copy of the deed is attached as Exhibit 6. This letter is to request that the BCC make a determination pursuant to LDC Section 10.02.13.F.5 to release the remainder of the PUD commitment to convey the unpaved portion of the east/west segment of Livingston Road a/k/a Veteran's Memorial Boulevard as no longer necessary due to its deletion from the 2035 LRTP and/or make a determination that the August 2012 conveyance of the west half of the reserved right -of -way satisfies the PUD commitment. Sincerely, 44 R. Bruce Anderson For the Firm RBA Cc: Laurie Beard (w /attach.) Erica Rogan, Kitson & Partners (w /attach.) John Ashcr, Talis Park (w /attach ) Michael Herrera, Grady Minor (w /attach.) 6499413_1 Packet Page -600- 3/26/2013 16.A.11. separated from vehicular traffic areas in accordance with recognized standards and safe practices, as determined by Collier County Transportation Staff. J. The developers) shall provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvements) at the development entrance(s) prior to the issuance of the first permanent certificate of occupancy. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined to be necessary, right -of -way and/or compensating right -of -way, will be provided in conjunction with said improvement(s), as determined by Collier County Transportation Staff. K. All work within Collier County rights -of -way shall meet the requirements of the Collier County Right -of -Way Ordinance. L. All internal access(es), drive aisles and sidewalk(s) not located within the County right -of -way will be privately maintained by an entity created by the Developer(s), its successor(s) in title, or assignee(s). M. For the north/south Livingston Road segment fronting the Tuscany Reserve PUD, the developer shalt dedicate and convey 50 feet of right -of -way in fee simple title along with a 15 -foot wide easement for utility and/or right -of -way purposes. For n� the Livingston Road east/west segment, the Developer shall dedicate and convey 150 feet of right -of -way in fee simple title north of the section line of Section 12. This east/west specified right -of -way and utility easement shall be transferred, to Collier County prior to the recordation of the Tuscany Reserve Phase H Plat. These dedications shall follow the requirements e f Subseede., 2.2.20.3.7 of the LDC N. The developer shall pay the cost of revising and supplementing County roadway and utility design plans for Livingston Road to accommodate access, drainage, and utility needs for the project O. As a condition of approval by Collier County of the permanent access along the north/south Livingston Road alignment, the developer shall obtain a written statement of no objection by the Lee County Transportation Department P. The developer shall dedicate the area for lake or pond storage for stormwater attenuation and water quality for the ultimate four or six lane condition of the proposed east/west Livingston Road segment fronting the project. Collier County shall determine appropriate compensation to the developer for such provisions as part of an agreement for roadway access construction and right -of -way conveyance. Collier County shall either grant road impact fee credits to the developer or issue direct monetary cash payments for such stormwater management commitments to be determined by the aforesaid Agreement. 7-6 February 17, 2012 Exhibit "1" Packet Page -601- 3/26/2013 16.A.11. ,4f= TRANSP©RTATIUN PLAN Needs Plan Table 10 -3 Highway Needs Plan Comparison DELETIONS FROM.2030 Lely Resat Blvd Grand Leiy Dr Rd arterial none Constructed Rattlesnake Ext CR 951 Benfield Rd 4 -lane divided model no further Oakes BMd Vanderbilt Beach Rd Immokalee Rd minor arterial none improvement needed SR 29 Airpark Blvd j collector I collector Authority JACIP no longer wish to add Properties Bonita Beach Road 4L 4-lane divided Lee County capacity - want to keep Orange Blossom Dr Airport Rd Goodlette- Frank Rd minor arterial none 2lanes New Market Road SR 29 Loop Road arterial 2 -lane arterial demand is reduced demand is reduced - Vanderbilt Beach 4 -Lane Divided since it no longer Veterans Memorial Blvd Livingston Road Access road west of 1,- 75 4L 2 -Lane Collector extends to east over (- 75 Camp Keais Road j Santa Barbara Blvd 2 -Lane Collector demand is reduced no further VvhitakerRd County Bam Rd Ext 2 -lane collector It none improvement needed ADDITIONS FROM 2030 ps mom M Improved System with Rattlesnake Ext CR 951 Benfield Rd new 2lane model 114 mile east of 2 -Jane minor 4 -lane divided consistent With Airport CR 846 SR 29 Airpark Blvd j collector I collector Authority JACIP MODIFICATIONS FROM 2030 10-13 Exhibit "2" Packet Page -602- May no longer be 2 -Lane Collector extended farther than Heritage Bay study for Bonita Beads Road in CR 951 Extension Properties Bonita Beach Road 4L alignment Lee County ;-lane divided Florida Tradeport Blvd New Market Road SR 29 Loop Road arterial 2 -lane arterial demand is reduced Vanderbilt Beach 4 -Lane Divided Goodlette- Frank Road Road Immokalee Road 6L Arterial Constriction on ROW Immokalee Road Extension Camp Keais Road SR 29 4L 2 -Lane Collector demand is reduced Wanted to enhance Veterans Memorial 2 -Lane Divided but not increase Northbrooke Drive Immokalee Road Boulevard 4L Major Collector capacity FDOT ,- currently SR 29 Loop Road SR 29 (South) SR 29 (North) 4L Study Area un3erway Nta -Ited to enhance 2-Lane Major but not increase Vanderbilt Drive Wiggins Pass Road Boa Beads Road 4L Collector Capacity =Lane Divided system mode± shows White Boulevard CR 951 31st St SW 2L Collector need Wante0 to enhance but not increase \Mggins Pass Road 1 Vanderbilt Drive US 41 41 2 LarK Collector capacity 10-13 Exhibit "2" Packet Page -602- 3/26/2013 16.A.11. January 19, 2012 recently. CHAIRMAN STRAIN: Okay. COMMISSIONER EBERT: I have a question. CHAIRMAN STRAIN: Go ahead. COMMISSIONER EBERT: On your PUD Exhibit,,, on the Veterans — it used to be called east/west Livingston, you have access limited to right -in, right -out, left -in four- Ianed? when road is four - laved. Is this rand ever going to be MR. ARNOLD: That question's probably better left for the county. It's a roadway that — I don't know if it currently does, but it has been on your long -term needs plan, and it was envisioned to fly over I -75. COMMISSIONER EBERT: We're going to have to get that clarified. MR PODCZERWINSKY: Jumping in. For the record, John Podezenvinsky, transpartation planning. Just to clarify, I checked in the 2035 LRTP. The east/west portion of Livingston Road, what we call _used to call Livingston east/west is now referred to as Veterans Memorial Boulevard. The section east of Livingston Road today ' between Livingston and 75 is not planned at any time to be a four -lane road. That is the current 2035 LRTP, and it does not cross over I -75. COMMISSIONER EBERT: Good. But then Jet's remove this from when (sic) it says "when it is four laned," because really all you have on your south side is you have traffic coming from the back side of the Strand and then yourtraffic coming out. So — MR- ARNOLD: Ms. Ebert, I think on a two -lane road segment we have full access. I don't think that's a question. I don't think we have a problem removing the reappears at some point they're not going to want us havin Language as long as staffdoesn`t, because if the road g full access movements that close probably to something that's going to be an elevated roadway, you know, for site issues and safety issues. And I don't think we have an issue with removing it. MS. ASIITON- CICKO: Pm going to ask that that as well as the other one that says "full access" be removed and that only arrows be depicted showing that they can go in and out. CHAIRMAN STRAIN: Being that its a two-lane road, it probably shouldn't matter at this point. MS. ASHTON- CICKO: We shouldn't be putting turn ing movements on our site plans, master plans, so — COMMISSIONER EBERT. Yes. Thank you, Heidi. COMMISSIONER BROUGHAM: Mark, can I go back at that just for a second? CHAIRMAN STRAIN: Sure. COMMISSIONER BROUGHAM: And I heard what you folks said, and you're going to be coming back rd appreciate it if you could at least give some thought as to what minimum buffering you might be willing to invest in there. I take your point that you want the flexibility for the future and you don't want to put something in and have to tear it out. I would think that you have two or three ideas ofwhat would probably go in there. see from that roadway. And my concern, again, is just the unsightliness and the view, the dust the disturbance that you're going to Just, if you could, humor me for the next meeting and give us some thought, and we'll talk about it the next time. Thank you. MR. ARNOLD: We'll do that COMMISSIONER BROUGHAM: Thank you. CHAIRMAN STRAIN: Okay. Before we go to staff — Okay, Brad? COMMISSIONER SCHIFFER: One more question. Ray (sic) — and its on 7 -3 — have all the roads been platted and laid out already? And the one I'm concerned with — here's what Pm concerned with is some of these cul-de -sacs are really long. The one that's the P on the screen now where the "P" for property is at is probably 2,000 feet long So could you add another cul-de -sac at this time in the center or the ability for a firetruck to do a T turn? I think the way you're doing these villa properties, you could create — if the driveways are across from each other — a T turn with their access drives. But if — these narrow roads, an emergency vehicle's never going to be able to turn around till it goes through the cul-de -sac. So that's a long 2,000 feet, 40 feet wide. They make a long turn, you know, the guy with the heart attack on the adjoining street's got to wait. Page 36 of 51 Exhibit "3" Packet Page -603- 3/26/2013 16.A.11. rSALES ='ER _ AAEl lz I ► \_/ I { + } P 7 I I R z 1 I LA" a LAM 4 of 1 I 1 II K I 1: \ o ; 1 -75 ' 1 I ! l •AIQ � aEa,uEtEv BOD I 1 { I I J B r "Kra I i I LAM it ,IC � 'uwc i i i 7 1 1 R I, O , I RESIDENTIAL - 118.1 Ac. f I VIIlA6E cenr>rg,. �;. I I I car tTM°I,a GOLF OPEN SPACE - 262.7 i I 1 { I 1 0 p P LJ1Kt 7� OP PRESERVE - 56.6 58.0 w 14 R t 1 VILLAGE CENTER - 21.5 I LAM I I I c o {; ,J wcrE • o l O FOOT RIGHT- OF•WAY - 4.72 NOTE I , I IJ14 ,s yR LAND USE AREAS CONCEPTUAL 1 f AND SUBJECT TO RELOCATION/ CHANGE PRIOR TO CONSTRUCTION O LA1° -- ----- -- ..- - - - --� PERMTTi1NC3 ( 1} I R - - -1 -} o VETEhIS MEN10R - - --- -- - --- - - - - -- ' -- - --- -- ---- -• - - -- ° ° - -- -- /NOTE: THE DEVELOPER, OR SUCCESSORS AND ASSIGNS. SHALL PROVIDE A STABILIZED EMERGENCY VEHICLE TURN- AROUND, MEETING LOCAL FIRE PREVENTION CODE CRITERIA. APPROXIMATELY MIDWAY ALONG THE CUL -DE -SAC . SEE ALSO PUD ORDINANCE, SECTION 7.6.C.2. 7m w7 .l u+ TUSCANY RESERVE PUD xs:u�wfs n,°` ` iJ• WU i]•0 GradyNinor �„ WI.fK+a3a ExHlalr a I:rvlt tSyenfzry • toad Saneynn •. t:::f:+rn • ,.amchwaPc Arc luxes PLANNED U \;'+ ' 1/ELOPMENT MASTER PLAN. ..�fbaavMUl +.ro•} V fare. ti....• ,a tlrruw.PA Exhibit "4" Packet Page -604- 3/26/2013 16.A.11. INSTR 4732017 OR 4829 PG 355 RECORDED 8/23/2012 2:00 PM PAGES 3 DWIGHT E. aROCK, CLERK Of THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC.S27.00 INDX 53.00 i Purchase Pricc'I :amrcr Dollar Amount: N!A Documentary Stamp Tax Amount; S.70 Property Identification Number. 78534001523 Prepared by and afier recording return to: ;stark J. Net, Esquire Roetzel & Andress, L.P.A. 840 Park Shore Drive, Third Floor Naples, FL 34103 -3587 239.649 -6200 !Space Above This Line For Recording Datal WARRANTY DEED This Warranty Deed is made this day of , 2012, by KE TALIS PARK PROPERTIES, LLC, a Delaware limited liability company f/k/a KE TUSCANY RESERVE PROPERTIES, LLC, a Delaware limited liability company, whose post office address..ic; -4500 PGA Boulevard, Suite 400, Palm Beach, Florida 33418 ( "Grantor✓'. ; o`.CfiLUik- - OUNTY, a political subdivision of the State of Florida, whose pbt office address ts':,3299 Tamiami Trail East, c/o the Office of the County Att%rr'tey, S-qtte 800, Naples; Fhit da 34112 ( "Grantee "). (Wherever used hereih tire,- tcr#is + it2nt'6r"; and rantee" include all the parties to this instrument and this ! heirs ; 1'dgal rc� resen %tives, and assigns of individuals, and the sucFessbrs.andnasslgn!' of entitteC'corporations, trusts and �. trustees.).' WITNESSETH: Thai`ih Grantor, for and }n c¢ihsideration of the sum of Ten Dollars ($10.00) and other valoab]e'.consid�tjfioris receipt of which is hereby acknowledged, hereby grants, bargains,'scllc; ;aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situated in Collier County, State of Florida, to wit (the "Property"): SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes for the current and subsequent years, zoning and use restrictions imposed by governmental authority, restrictions and casements common to the subdivision, and outstanding oil, gas and mineral interests of record, if any. THIS CONVEYANCE ACCEPTED BY. THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA PURSUANT TO THE PROVISIONS Exhibit "6" Page 1 of OF RESOLUTION NO. 2010-39 Packet Page -606- OR 4929 PG 3S6 IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: WITNESSES: KE TALIS PARK PROPERTIES, LLC, a Delaware limited liability company Okla '`"'" KE Tuscany Reserve Properties, LLC, a Delaware limited liability company Pri •d'•iamc: ✓anu SNER By: KE Talis Park Holdings, LLC, a Delaware limited liability company f/k/a KE Tuscany Reserve Holdings, LLC, �1 a Delaware limited liability company, its rl sole Managing Member By: Kitson- Evergrec LLC, a Delaware limitec lia ility company, its sole Member ;'. o 'Kitsoj1fivmg rtners, LLC, a Delaw 'Iility company, its TeM ber h} F' hmtiAuthorized Agent STATE OF FLORIDA COUNTY OF COLLIER The foregoing Warranty Deed tL. acl, kyledaed before me this 2 -44b day of 2012 by Minor 14m , as Authorized Agent of Kitson lnvestmen artners, LLC, a Delaware limited liability company, as sole Managing Member of Kitson - Evergreen, LLC, a Delaware limited liability company, as sole Member of KE Tatis Park Holdings, LLC, a Delaware limited liability company f/k/a KE Tuscany Reserve Holdings, LLC, a Delaware limited liability company, as sole Managing Member of KE Tafts Park Properties, LLC. a Delaware limited liability company f/k/a KE Tuscany Reserve Properties, LLC, a Delaware limited liability company, on behalf of the companies, and who is ✓ personally known to me or has produced as identification. (affix Notary Seal) Sign of Nota .r.•.rw., cawecor�r ao" on fe., �> ►nccrttnssrou +oa �'9z� (Print Name of Notary Public) EVAES Snwroer M 2712 ?.^,.fir eac+a a.��u7 rszcror.e., u '�......- Serial / Commission n (if any): My Commission Expires:'? Approved as to form and legal sufficiency Y ief�JWright Assistant County Attomey Page 2 of 3 Packet Page -607- 3/26/2013 16.A.11. * ** OR 4829 PG 357 * ** Wi4- 11:11�L� 3/26/2013 16.A.11. s ��o a t A ' 6� 5L /.dMH91H 31'd1Sa3.Wl g ti, id �9 LL'i L E N 7 _ 4L Z Wap� CL LLI EL UJ Fir 06 z z O �w W _ Q M ! .3 ��. :) m U aG� c) d 4 ` ' ((t, LLJ Q FYI -i.� f; a. LLJ i �.N Lt1 w m t= Co CL t A be sov 40 (�� z O o yA Um Z NN --� Q � V�V Co Co 0 d v tti Z N C2! O N 25 g o b b U OD i o T- ® _ CD rn �o ro 00 Z poa'� �- VP"S2 �2 m7 3q oa Wi o77S � wO2 Cz a Ca 9. 8 ~ zi tom- �� � � oU a PC 'C O Z rage ,j of s Packet Page -608- 3/26/2013 16.A.11. n From: Smith, Chris [ mailto :Chris.Smith @dot.state.fl.us] Sent: Monday, March 11, 2013 11:32 AM To: BeardLaurie Cc: CasalanguidaNick Subject: RE: I -75 access point questions Laurie, I forwarded this information to the Department Heads within the district and the overwhelming response is that we do not see a need for the land to be retained. It isn't expected that this will become an emergency access with the other interchanges in the area and we don't need the area for access to our pond. The only question that does remain is that one Department Head indicated that we may have an unused drainage easement across this piece of property. I have our R/W mapping office reviewing our records to confirm. I'll provide you with that information as soon as it is available. Chris Smith Director of Transportation Development Office (863) 519 -2611 Cell (863) 640 -9545 From: BeardLaurie [ mailto :lauriebeardCaacolliergov.net] Sent: Thursday, February 28, 2013 7:33 AM To: Smith, Chris Cc: Prescott, Randell Subject: RE: I -75 access point questions Importance: High Chris, I have attached the maps to reference the location of the requested vacation of ROW The first map is an up close aerial to show the actual location. The developer would like to vacate the ROW where the cul- de-sac stops (near Tuscany Reserve Drive) and then east to I- 75. Your pond is directly above the ROW. The second and third map show the location as it pertains to 1 -75 and the closest access ramps. To the north is Bonita Beach Road and to the south is Immokalee Road. If I could get a letter or e-mail noting that FDOT supports keeping this as a viable public right of way for the future for possible emergency access, rest area or single direction access and egress I would appreciate it. We are taking this request to the Board of County Commissioners soon (per the developer's request) and would greatly appreciate a quick response. Sorry for the short notice. Thanks. Laurie Beard Trans. Planner - PUD Monitoring /-o, Growth Management Division Packet Page -609- 3/26/2013 16.A.11. 2800 N. Horseshoe Drive Naples, FL 34104 239 - 252 -5782 From: Smith, Chris fmailto : Chris. Smith (@dot.state.fl.us] Sent: Wednesday, February 27, 2013 7:31 PM To: CasalanguidaNick Cc: BeardLaurie; Prescott, Randell Subject: Re: I -75 access point questions Ok. I'll forward it to our Department heads for review. Sent via DroidX2 on Verizon Wheless""' - - - -- Original message---- - From: CasalanguidaNick < NickCasalanguida (aD-collieraov.net> To: "Smith, Chris" <Chris.Smith(aD_dot.state.fI.us> Cc: BeardLaurie <Iauriebeard(a)-collieraov.net> Sent: Wed, Feb 27, 2013 20:23:54 GMT +00:00 Subject: 1 -75 access point questions Chris, We have a dedicated 2 lane road that goes from Livingston to the 1 -75 LA line. The developer wants us to vacate the commitment for ROW and I think it is valuable in the future for emergency access, rest area or alternatively single direction access and egress. It is also next to your pond site. Laurie will be sending you some maps for reference and a request for a letter or e-mail noting that MOT supports keeping this a viable public right of way. Thanks, Nick 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 Packet Page -610-