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Agenda 01/11/2005 R
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA January 11, 2005 9:00 AM Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chairman, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD 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. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 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 DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. - LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. Page 1 of 12 - 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Clay Cartwright, East Naples Baptist Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. October 22, 2002 - Aquaport Closed Session C. November 30, 2004 - BCC/Regular Meeting D. December 6, 2004 - BCC/PUD Monitoring Workshop #3 E. December 6, 2004 - BCC/Conservation Collier Workshop F. December 7, 2004 - BCC/Sidewalk Workshop G. December 14, 2004 - BCC/Regular Meeting H. December 17,2004 - BCC/Annual Update Inventory Report Workshop I. December 17,2004 - BCClTourist Development Council Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 1. Advisory Committee Service Awards. 2. Presentation of the Advisory Committee Outstanding Member Award to Janet Vasey. 4. PROCLAMATIONS A. Proclamation to designate January 17,2005 as Martin Luther King Day. To be accepted by Laverne Franklin, and Mary Linda Sanders, President of the NAACP. B. Proclamation to designate January 11, 2005 as Boy Scout Troop 2001 Philanthropy Day. To be accepted by Boy Scout Troop 2001, Richard Treiser, Christine Bianchi, Owner of Chrissy's Wilds ide Cafe, and Maryanne McCarty. C. Proclamation to designate January 16-22, 2005 as Purple Martin Week. To be accepted by Mr. Jerry Glasson, President of the Purple Martin Society of Collier County. 5. PRESENTATIONS A. SELECTION OF CHAIRMAN AND VICE CHAIRMAN B. A report from the Collier County Health Department regarding a study of the bacteriological safety of the drinking water from private wells in Golden Gate City. C. Recommendation to receive an update and provide input for the County Road 951 project development and environment (PD&E) study, from Immokalee Road to Alico Road in Collier and Lee counties. 6. PUBLIC PETITIONS A. Public Petition request by James Bryant to discuss traffic light timing. B. Public Petition request by Goodwill Industries to discuss Attended Donation Center Program. Page 2 of 12 7. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2004-AR-5878: Michael J. Needham and Wendy B. Needham, property owners, represented by Michael A. Durant of Conroy, Coleman and Hazzard, P.A., requesting a 7-foot variance in the Pelican Bay PUD zoning district from the required 15-foot rear setback, to allow an eight- foot (8) setback, within which the petitioner wants to extend an existing screen enclosure. The property, consisting of 17,077 square feet, is located at 720 Bay Tree Court, further described as Site 7, Block A, Pelican Bay Unit One, in Section 4, Township 49 South, Range 25 East, Collier County, Florida. B. This item requires that all participants be sworn in and exparte disclosure be provided by Commission Members. VA-2004-AR-6501, Fidelity Investments, represented by Ryan Kring of Site Enhancement Services, requests a variance from the limitation of a single pole or ground sign for a single-occupancy parcel having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots as allowed by Section 5.06.06.C. of the Land Development Code (LDC), in order to maintain an existing second ground sign located on the northeast corner of the property. 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Naples Syndications, LLC, represented by Karen Bishop of PMS Inc. of Naples, requesting a rezone from "PUD" to "PUD" Planned Unit Development known as Warm Springs PUD by revising the PUD document and Master Plan by increasing the allowed dwelling units by 290 units to a maximum of 540 units, a density increase from 2.1 units per acre to 4.52 units per acre; to show a name change from Nicaea Academy PUD; and reflect the PUD ownership change. The property is located on the east side of Collier Boulevard, approximately one mile south of Immokalee Road, in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 119± acres. B. PUDEX-2004-AR-6694 Bayview Villas, LLC, represented by Dwight Nadeau, of RWA, Inc., requesting a two-year extension of a Planned Unit Development (PUD) zoning granted by Ordinance No. 2000-05, pursuant to LDC Section 10.02.13.D for the North Port Bay PUD. The property, consisting of 46.33 acres, is located north of U.S. 41 (Tamiami Trail), east of the Fahka Union Canal, in Sections 4 & 9, Township 52 South, Range 28 East, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the BayshorelGateway Triangle Local Redevelopment Advisory Board. B. Appointment of members to the Environmental Advisory Council. C. Appointment of members to the Immokalee Master Plan and Visioning Committee. D. Appointment of members to the Isle of Capri Fire Control District Advisory Committee. E. Recommendation to declare a vacancy on the Parks and Recreation Advisory Board. Page 3 of 12 F. Commissioner Henning request discussion regarding the fee scheduled, particularly the resubmittal fees, of the Environmental Impact Statements. During the November 14, 2004 BCC meeting, a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in Code of Laws Section 2-11 was brought before the BCC. See Fee Schedule Change 41, page 14 (attached), from Nov. 14th meeting agenda. Environmental Impact Statement (EIS) fee is $1600.00; 2nd submittal $1500.00; 3rd submittal $1000.00, 4th and subsequentsubmittals $500.00. These fees are not consistent with other fee schedules. G. Discussion regarding request by David E. Bryant representing Empire Builders and the HD Development PUD at Olde Cypress. (Commissioner Fiala.) 10. COUNTY MANAGER'S REPORT A. Recommendation to confirm the appointment of Ms. Marla Ramsey to the position of Public Services Division Administrator. (Jim Mudd, County Manager) B. Recommendation to approve Contract Amendment No.1, Exhibit E, for a Guaranteed Maximum Price (GMP) of up to $16,600,000 under Contract No. 04- 3576, Construction Manager at Risk Services for Courthouse Annex and Parking Garage, with Kraft Construction Company, Inc. for the construction of the Courthouse Annex Parking Deck, project 52010 and to approve the necessary budget amendments. (Len Price, Administrator, Administrative Services) C. This item has been continued from the December 14,2004 BCC meeting and is further continued to the January 25, 2005 BCC meeting. Staff report and recommendation in response to the Public Petition presented at the December 14, 2004 BCC meeting by Robert France regarding parcel exchange at 3681 4th Avenue NE. (Jim DeLony, Administrator, Public Utilities) D. This item has been continued from the November 30, 2004 BCC Meeting. Recommendation to adopt a Resolution authorizing the acquisition by Condemnation of non-exclusive, perpetual utility and maintenance easements, temporary construction easements, and access easements for the construction of a sewer force main, raw water mains and well sites required for the South County Regional Water Treatment Plant (SCRWTP) Reverse Osmosis Wellfield Expansion to 20-MGD, Project Number 708921, at a cost not to exceed $2,622,850. Copies of the Technical Memorandums and Exhibit "A" are on display in the Board of County Commissioners's Office, 3rd Floor, W. Harmon Turner Building, 3301 Tamiami Trail East, Naples, FL. (Jim DeLony, Administrator, Public Utilities) E. Recommendation to approve a Developer Contribution Agreement between Waterways Joint Venture IV, a Florida general partnership hereinafter collectively referred to as "Developer," and the County. The right-of-way donated and the funds received will be for the future construction of a portion of Tree Farm Road as a minor collector added as a supplemental to the Collier Boulevard (CR-951) improvement project #65061. (Norman Feder, Administrator, Transportation Services) F. Recommendation to approve a Developer Contribution Agreement between Naples Syndications, LLC hereinafter collectively referred to as "Developer," and the County. The funds received will be for the future construction of a portion of Tree Farm Road as a minor collector added as a supplemental to the Collier Boulevard (CR-951) improvement project #65061. (Norman Feder, Administrator, Transportation Services) Page 4 of 12 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 11 :00 a.m. Recommendation that the Board of County Commissioners Direct Outside Counsel (Garvin & Tripp, P.A.), in Conjunction with the Office of the County Attorney, to Take All Appropriate Steps to Protect the County's Interests in Connection with Approximately 558 Purported Bert Harris Act Claims Allegedly Arising Out of the Adoption of the Rural Fringe Growth Management Plan Amendments and Implementing Regulations. B. Recommendation for Approval of the Settlement Agreement and Mutual Release between Collier County and Kenco Development, Inc., Pebblebrooke Lakes Limited Partnership, through its general partner, Saundry Associates, Inc. in reference to Case No. 04-3094-CA that is now pending in the Circuit Court of the Twentieth Judicial Circuit for Collier County, Florida. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ---------------------------------------------------------------------------------------------------------- 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion Is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ---------------------------------------------------------------------------------------------------------- A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve an Agreement for Sale and Purchase with Kit Kraft for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $17,900. 2. Recommendation to approve an Agreement for Sale and Purchase with Gordon M. Blake and Katharine Blake for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $13,900. 3. Recommendation to approve for recording the final plat of "Heritage Bay Commons", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 4. Recommendation to approve Lien Resolutions for the following Code Enforcement Case Numbers: 2004090342/Galloway, Barbara, 20040112921Joyce Et AI, Wallace Landon, 20040800491 Wisniewski, Leonard, 2003060430/Park East Dev Ltd., 2004090674/Caruana, James & Rachel, 2004080496/Buchman, Walter, 2004090347/Golden Florida Resort Inc., 20040908701Taylor, Peggy H., 2004080475/La Quinta Homes of SW FL Inc., 2004080474/La Quinta Homes of SW FL Inc., and 2003120304/Arevalo, Jesus & Rodriguez, Maria Cruz. 5. Recommendation that the Board of County Commissioners set a public hearing date for June 14, 2005 for consideration of a proposed Development Order for a Development of Regional Impact for Petition DRI-04-AR-6293, The Town Of Ave Maria. Page 5 of 12 6. Recommendation to approve Lien Resolutions for the following Code Enforcement Case Numbers: 20040706621Joyce Et AI, Wallace Landon, 2004050744/Holaway, Jo Gene, 20040406131 Cavataio, Salvatore, 20040607521Hamilton Bay Dev LLC, 2004060750/Hamilton Bay Dev LLC, 2004011253/Caffa-Mobley Et AI, Priscilla, 2004060676/Murphy, John E. 20040305341 Redding, David and 2004050246/Bayshore Land Development LLC. 7. Recommendation to approve Satisfaction of Liens for Code Enforcement Board Case Nos.: 2004036; Board of County Commissioners vs. Del H. Ackerman; 95-012; Board of County Commissioners vs. Louis Filostin and Ocepha Polite; 2001-018; Board of County Commissioners vs. Philip and Anna Marrone and 2004-021; Board of County Commissioners vs. Greg and Jane Bee. 8. Recommendation to approve the agreement between Collier County and St. Matthew's House, Inc. for the administration of an Emergency Rental Assistance Program for the purposes of providing individual households with emergency rental assistance for the payment of rent, security deposits, and utility deposits. 9. Recommendation to terminate Contract # 02-3317 with Henderson, Young and Company relative to the Educational Facilities Impact Fee Update Study, waive the formal competition process and solicit proposals to select a new consultant to update the Educational Facilities Impact Fee (estimated amount not-to-exceed $65,000) 10. Recommendation to approve two Satisfaction of Liens for Resolution No's: 03-447 and 04-276 styled Board of County Commissioners vs. Claudette and Maurice Tremblay. 11. Final acceptance of water utility facilities for Capital Self Storage, Phase 1. 12.Recommendation to approve a resolution by the Board of County Commissioners (BCC) of Collier County, Florida, amending the Collier County Administrative Code to establish procedures for expediting the development review process for qualified affordable housing. B. TRANSPORTATION SERVICES 1. To approve the attached Interlocal Agreement and supporting resolution as required for addition of Everglades City to the Collier MPO. 2. Recommend Board's approval of Adopt-a-Road Agreements for the following: Jean-Marc Katzeff-South Bay Realty, Glades Realty & Captain Brock, Global Title Company, Marie-Ange Katzeff-South Bay Realty and Marie-Ange Katzeff- South Bay Realty. 3. Recommendation to approve a Resolution to reduce the speed limit on Collier Boulevard (CR 951) from 55 miles per hour to 45 miles per hour for the section from Davis Boulevard to Cedar Hammock Boulevard at a cost of approximately $400. 4. Recommendation to approve the use of transit enhancement funds (313) to purchase a new transit bus under Florida Public Transportation Association/Harline contract 2003-07-01, trolley decal wrap and necessary equipment (in the estimated amount of $286,500). Page 6 of 12 5. Recommendation to approve a Resolution approving and authorizing the Chairman of the Board of County Commissioners to execute a Local Ag.ency Program Agreement with the Florida Department of Transportation, which Agreement implements up to $695,200 for the design and construction of roadway lighting and replacement of sidewalks on State Road 84 from US 41 to Airport-Pulling Road by Collier County, with reimbursement by the Florida Department of Transportation. 6. Recommendation to award bid #05-3760 "Airport Pulling Road (Cougar Blvd to Vanderbilt Beach Road), Orange Blossom (Airport Pulling to Yarberry Lane) Roadway Grounds Maintenance" to Commercial Land Maintenance, Inc. in the amount of $65,169.70. 7. Recommendation to approve award of a construction contract with APAC- Southeast, Inc. for intersection improvements in the amount of $544,565.20 on New Market Road at Charlotte Street, BID No. 05-3742. 8. Recommendation to approve Amendment No.1 to Agreement No. C-13925 between the South Florida Water Management District (SFWMD)and Collier County. 9. Adopt a resolution requesting transfer of acces road RIW of from FDOT to Collier County and approve and enter into an agreement implementing same. 10.Recommendation to allow the Transportation Division to advertise and receive bids for proposed roadway and drainage improvements to Immokalee Road from US 41 to 1-75, Project No. 66042. Estimated fiscal impact is $19,000,000. 11. Recommendation to Approve Contract for RFP #04-3684, "Vanderbilt Beach Road Extension Corridor Study," (Project Number 60168) in the Total Amount of $599,558 C. PUBLIC UTILITIES 1. Recommendation to award Bid 05-3755 to Motors & Bearings Concept, Inc., for the purchase of Falk gear reducers for the North County Water Reclamation Facility - Oxidation Ditch Aerator Motors and Drives Rehabilitation in the amount of $29,455.50, Project 725112. 2. Recommendation to approve Work Order CDM-FT -05-02, under Contract 00- 3119, Fixed Term Professional Utility Engineering Services, with Camp, Dresser & McKee, Inc., for engineering services related to adding two new public water supply wells (Wells 35 and 36) to the Tamiami Wellfield in an amount not to exceed $246,058; Project 70158 3. Recommendation to award Bid # 04-3716R to Hannula Landscaping, Inc. for Installation of Irrigation and Landscaping at the South County Water Reclamation Facility and to approve a budget amendment for total project funds in the amount of $184,032.09, Project 725071. 4. Recommendation to Approve a Blanket Purchase Order with U.S. Filter for Maintenance and Repair of Odor Control Units at both the North County Water Reclamation Facility and the South County Water Reclamation Facility, in the amount of $145,094. Page 7 of 12 5. Recommendation to approve a resolution authorizing a loan agreement with the Florida Department of Environmental Protection (FDEP) for construction costs associated with Goodlette Frank Road Force Main & Reclaimed Water Main and Pump Station 1.03 projects; Establishing pledged revenues; designating authorized representatives; providing assurance; providing for conflicts, severability, and effective date. ($6,217,658) 6. Recommendation to award surplus bid #S05-3722 for underground utility parts, in the amount of $1,452.05, for the South County Water Reclamation Facility Expansion Project, 73949. 7. Recommendation to approve, execute and record a Satisfaction of a Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $10.00 to record the Satisfaction of Lien. 8. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said lien is satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 9. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. 10. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $40.00 to record the Satisfactions of Lien. 11.Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. D. PUBLIC SERVICES 1. Recommendation to approve a resolution to accept a donation in the amount of $776.84 willed to the Human Services Department Services for Seniors program and approve the required budget amendment in the amount of $776.84. 2. Recommendation to approve an operations plan for the East Naples Skate Park, accept donations of material and labor for improvements, and budget funds for continued operations. 3. Recommendation to declare the parcels known as Best Friend Park surplus property . 4. Recommendation to grant a Deed of Conservation Easement to South Florida Water Management District for the Collier County North Naples Regional Park, at a cost not to exceed $175.00, Project 806021. Page 8 of 12 5. Recommendation to approve a budget amendment to recognize and appropriate private contribution revenue of $11,000 for Domestic Animal Services. 6. Recommendation to approve a budget amendment in the amount of $50,000 to cover pre-acquisition expenses related to the purchase of Caribbean Gardens and adjoining lands from the Fleischmann family E. ADMINISTRATIVE SERVICES 1. Recommendation to award Bid #04-3714 to Terminix International Company as primary provider for annual pest control services. 2. Recommendation to award Bid No. 05-3733 Handyman/Minor Carpentry Services to Wm. J. Varian Construction Co. Inc., Bradanna Inc. and Made In Rio, Inc. for routine carpentry services. 3. Recommendation to ratify modifications to and deletions from the 2005 Fiscal Year Pay and Classification Plan made from September 28, 2004 through December 17, 2004. 4. Recommendation to award Bid #04-3706 - "Chemicals for Utilities" to various vendors in the estimated annual amount of $987,807.73. 5. Recommendation to approve a two-year Lease Agreement with Congressman Connie Mack for the use of County-owned office space for a total of $20.00 and to approve a budget amendment totaling $55,816.20 for the renovation of office space for Congressman Mack and State Representatives Mike Davis and Dudley Goodlette. 6. Recommendation that the Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust, approve and execute an agreement which provides $60,200 from the GAC Land Trust Fund to the Big Corkscrew Island Fire Control & Rescue District for the purchase of various equipment. 7. Report to the Board of County Commissioners concerning the sale and transfer of items associated with the county surplus auction of December 4, 2004, resulting in $8,717.50 in gross revenues. 8. Recommendation to approve the renewal of group insurance coverage and services for calendar year 2005. F. COUNTY MANAGER 1. Recommendation that the Board of County Commissioners Rescind Award of Bid #04-3613 for Pelican Bay-Gulf Park and Oakmont Irrigation Installation to Collier Irrigation, Inc. 2. Recommendation that the Board of County Commissioners approve a $57,000 increase to Bid #053749 for Clam Bay Interior Channel Construction Phase III, to Floraquatics, Inc. 3. Recommendation to Approve the Purchase of 125 Post Market Evaluation Automated External Defibrillator's (AEDs) for placement on Collier County Sheriffs Office (CCSO) First Responder Patrol Units. ($125,000) Page 9 of 12 4. Approval of budget amendments. 5. Recommendation to approve a budget amendment appropriating carry- forward revenue in the Livingston Road Phase II Beautification MSTU to fund Final Transactions prior to closing the Fund. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. Approve a budget amendment in the amount of $115,000 for professional services required for the Environmental Resource Permit (ERP) and master development process at the Immokalee Airport. H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous Correspondence to File for Record with Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS 1. Recommendation to approve the budget amendments appropriating carry forward and expenditure budgets for open purchase orders for non-profit funds and for unexpended budget for project funds at the end of Fiscal Year 2004. 2. Recommendation that the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report of Open Purchase Orders from November 27, 2004 to December 10,2004 is on display in the County Manager's Office, Collier County Government Center, 3301 East Tamiami Trail, 2nd Floor, W. Harmon Turner Building, Naples, Florida. 3. Recommendation that the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report of Open Purchase Orders from December 11, 2004 to December 24, 2004 is on display in the County Manager's Office, 3301 East Tamiami Trail, W. Harmon Turner Building, 2nd Floor, Naples, FL. K. COUNTY ATTORNEY 1. Recommendation to approve the Stipulated Final Judgment relative to the fee simple acquisition of P. 130 in the lawsuit entitled Collier County v. North Naples Fire Control & Rescue District, et al., Case No. 02-1702-CA (Goodlette Rd Project 60134). 2. Recommendation to approve the Stipulated Final Judgment relative to the perpetual, nonexclusive road right-of-way, drainage and utility easement acquisition of Parcel 118 in the lawsuit entitled Collier County v. Collier Development Corporation, et aI., Case No. 04-3821-CA (Immokalee Road Project 66042). Page 10 of 12 3. Recommendation for the Board of County Commissioners to Approve a Stipulated Final Judgment Relative to the Acquisition of Parcel 751 in the Lawsuit Styled Collier County v. Regent Park Cluster Homes Association, Inc., et al., Case No. 04-3452-CA (Immokalee Road Project #66042). 4. Recommendation to approve an Agreed Order Awarding Appraisal Fees as to Parcels 151 and 152 in the lawsuit styled Collier County v. John F. Sudal, et aI., Case No. 02-5168-CA (Immokalee Road Project 60018). 5. Recommendation to approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the acquisition of Parcels 183 and 184 in the lawsuit styled Collier County V. Mary Lou Adsit, Et AI., Case No. 04-0506-CA (Vanderbilt Beach Road Project 63051). 6. Recommendation to authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, Mary Lou Adsit, Individually and as Trustee of the Trust Agreement dated December 16, 1999 ("Respondent"), in the amount of $224,400.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel No. 181 in Collier County v. Mary Lou Adsit, et al., Case No. 04-506-CA. 7. Recommendation to authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondents, Patrick J. Murphy and Sharol Murphy ("Respondent"), in the amount of $49,600.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel No. 185 in Collier County v. Patrick J. Murphy, et aI., Case No. 03-5270-CA.uthorize the making of an Offer of Judgment to Respondents, Patrick and Sharol Murphy for Parcel No. 185 in the amount of $49,600 in the lawsuit styled Collier County v. Patrick J. Murphy, et aI., Case No. 03-5270-CA (Vanderbilt Beach Road Project 63051). 8. Recommendation that the Board authorize an increase of Purchase Order No. 4500037900, Tinter & Assoc., Inc., expert witnesses and consultants for the County in the lawsuit entitled Collier County v. Wal-Mart Stores, Inc., et aI., (Immokalee Rd. Project 66042), for an amount not to exceed $75,000.00. 9. Recommendation to approve the Settlement prior to hearing on Collier County's Motion for Final Summary Judgment in the lawsuit styled: Canger v. Collier County, Case No. 02-2300-CA-HDH CA. Total settlement of $4,000. Page 11 of 12 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and Ex Parte Disclosure be provided by Commission members. Recommendation to approve Petition AVPLAT2004-AR6660 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 25 foot wide utility and drainage easement located along the front of Lot 5, according to the plat of "Bayfront Gardens" as recorded in Plat Book 14, Pages 114 through 117, Public Records of Collier County, Florida, located in Section 6, Township 48 South, Range 25 East. B. SE-04-AR-6538, a Ordinance amending Ordinance Number 04-33, the Community School of Naples Rezone to correct a scrivener's error resulting from the unintentional omission of Zoning Atlas Map 9512N in the Title of the Ordinance and the body of the Ordinance resulting in an incorrect legal description in the adopted Ordinance for the property located on the west side of Livingston Road approximately Yz mile north of Pine Ridge Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida. C. This item requires that all participants be sworn in and exparte disclosure be provided by Commission Members. CU-2003-AR-6300 Frank L. Veasley representing Bethel Assembly of God Church, Inc. requests approval of a Conditional Use in the RMF-6 Zoning District pursuant to Table 2 of Section 2.04.03 of the Collier County Land Development Code, to allow for the expansion of an existing church by adding a gymnasium on the subject 4.79 ± acre site. The subject parcel is located at 1225 West Main Street in Immokalee, which is on the south side of West Main Street and approximately 1,500 feet west of S.R. 29, in Section 4, Township 47 South, Range 29 East, Collier County, Florida D. This item requires that all participants be sworn in and Ex Parte Disclosure be provided by Commission members. Recommendation to approve Petition A VPLA T2004-AR6852 to disclaim, renounce and vacate the County's and the Public's interest in a 15 foot wide drainage easement located on Tract "J", according to the plat of "Stratford Place", as recorded in Plat Book 40, Pages 15 through 21, Public Records of Collier County, Florida, and to accept a 15 foot wide relocation drainage easement on a portion of said Tract "J", located in Section 18, Township 49 South, Range 26 East. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 12 of 12 ,....,......--- Advisory Board Members Awards Participation Board of County Commissioners Meeting 1/11/05 Agenda Item No. 3A 1 January 11, 2005 Page 1 of 2 Last Name First Name Advisory Board # of Years COLLIER COUNTY Agenda Item No. 3A 1 January 11, 2005 Page 2 of 2 BOARD OF COUNTY COMMISSIONERS Item Number 3A1 Item Summary Meeting Date Advisory Committee Service Awards. 1/11/20059:00:00 AM Prepared By Date Paula Springs Board of County Commissioners Executive Aide to the BCC 1/4/20059:04:09 AM BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 1/4/2005 9:07 AM -Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/4/200510:21 AM Agenda Item No. 3A2 January 11, 2005 Page 1 of 4 EXECUTIVE ·SUMMARY PRE,SENTA TIONOF THE ADVISORY COMMITTEE OUTSTANDING MEMBERAW ARD TO JANET VASEY OBJECTIVE: To recognize and reward an advisory committee member for their outstanding and dedicated service to CoJlìer County. CONSIDERATIONS: On September 21,2004, the Board of County Commissioners adopted Resolution No. 2004-280 to recognize and reward outstanding Advisory Committee members for their significant contributions to the organization and/or community. The respective committees nominate the outstanding Advisory Committee members and the Awards Committee (same committee that cWTently selects the Employee of the Month) evaluates and selects volunteers from the nomination forms. AWARD COMMITTEE RECOMMENDATION: Janet Vasey, County Government Productivity Committee nSCALIMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners present the Outstanding Advisory Committee Volunteer Award to Janet Vasey for her work on the County Government Productivity Committee. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 11, 2005 ~ COLLIER COUNTY Agenda Item No. 3A2 January 11, 2005 Page 2 of4 BOARD OF COUNTY COMMISSIONERS Item Number 3A2 Item Summary Presentation of the Advisory Committee Outstanding Member Award to Janet Vasey. Meeting Date 1/11/20059:00:00 AM Prepared By Date Sue Filson Executive Manager to the BCC 12/13/2004 10:30:35 AM Board of County Commissioners BCC Office Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/22/20042:57 PM Co..,. Cou....ty - ~ - ADVISORY COMMITTEE OUTSTANDING MEMBER NOMINATION Agenda Item No. 3A2 January 11, 2005 Page 3 of 4 Janet Vasey has served as a member of the County Government Productivity Committee for about six (6) years. In addition to her most recent appointment on Feb. 4, 2004, she received previous appointments on Jan. 12, 1999, March 14,2000 and Feb. 4, 2002. During the course of her service to the Board of County Commissioners as a member of the Productivity Committee, Ms. Vasey most recently in November of this year provided a thorough and comprehensive review of the Economic Development Council (EDC)/ Anderson Fiscal Stability Analysis as requested of the Productivity Committee by the Board of County Commissioners. This year she has also prepared on behalf of the Productivity Committee a recommendation to the Board of County Commissioners regarding the Golden Gate Parkway Overpass, as well as a request that the Board address the Collier County School Board's failure to update school impact fees since 1992. Ms. Vasey has assumed the role of lead analyst on most impact fee reviews. As lead analyst on a review of the first law enforcement impact fee study in 2004, Ms. Vasey identified critical challenges to the methodology applied. Upon review in 2003 of the first government building impact fee study, she agreed with the methodology used. Ms. Vasey also assumed responsibility of lead analyst on a review of a transportation impact fee study in 2002 and identified serious challenges to that methodology. In 2002, she made a recommendation to the Board about a reorganization of the County Manager's Agency. As Vice Chainnan of the Productivity Committee in 2002, she led all committee members in a major budget review for Fiscal Year 2003. That (more) Agenda Item No. 3A2 January 11, 2005 Page 4 of 4 (2) review resulted in recommendations of millions of dollars in budget reductions. In 2001, Ms. Vasey wrote sections of the Airport Authority review. In 2000, she consolidated the committee's major fmdings on transportation shortfalls and recommended courses of action. In 1999, she led a review of the General Fund and the Unincorporated General Fund. Productivity Committee Chairman Joe Swaja wrote: "Janet has been an asset to the Productivity Committee. Her knowledge of government processes as compared to private industry practice provides the team with the expertise we need to understand the differences. "Her analytical ability is matched by no one. She is always willing to get involved and can be counted on to deliver as promised. I enjoy working with her and appreciate her candor, knowledge~ experience and sense of humor. "We are all very thankful she is part of our team." Productivity Committee member Al Kozel wrote: "Janet Vasey has made outstanding contributions to the Productivity Committee on an ongoing basis for several years. She has in-depth knowledge of most county fiscal operations and devotes countless hours in preparation of the committee's positions." Ms. V asey~ s nomination as Advisory Committee Outstanding Member of the Month was supported unanimously by the Productivity Committee on Nov. 17,2004. (30) Agenda Item No. 4A January 11 , 2005 Page 1 of2 PROCI.AMA TION -- WHEREAS, the Coflgf"ltSs of the United States of America has designated the birthday of The Reverend Or. Martin l.uther King, :Jr. as a National Holiday: and, WHEREAS, the President of the United States signed legislation authorizing The Reverend Or. King's birthday, :JCIt1UCIry 17th as a National Holiday; and, WHEREAS, the Reverend Or. Martin t.uther King, :Jr. received national and international recognition for his stirring struggle against injustice and his leadership in espousing brotherhood, self-discipline, and nonviolence: and, WHEREAS, the Collier County Branch of the National Association for the Advancement of Colored People (NAACP) will hold commemorative celebrations of The Reverend Or. King's birthday by sponsoring community activities and events throughout the month of :January 2005. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the month of :January, 2005, be designated as ,- THE REVERENO OR. MARTIN I.UTHER KING, J"R.'S BIRTHOAY CEI.EBRATION in Collier County, Florida and urge all citizens to remember the Reverend Or. King's outstanding accomplishments by participating in commemorative celebrations to be held throughout the month of :January. OONE ANO OROEREO THIS 11th Oay of :January 2005. BOARO OF COUNTY COMMISSIONERS COUIER COUNTY, FL.ORIOA OONNA FIAl..A, CHAIRMAN ATTEST: OWIGHT E. BROCK, CLERK - Item Number Item Summary Meeting Date Agenda Item No. 4A January 11, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4A Proclamation to designate January 17, 2005 as Martin Luther King Day. To be accepted by Laverne Franklin, and Mary Linda Sanders, President of the NAACP. 1/11/2005900:00 AM Prepared By Date Kathleen Martinson Board of County Commissioners Administrative Aide to BCe 1141200511:39:16 AM Bce Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCe Date BCC Office 114/2005 11 :46 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1/4/20051:10 PM ".."--~..- Agenda Item No. 48 January 11, 2005 Page 1 of 2 PROCLA,~MTION WHEREAS, our community of Naples in Collier County has residents who are In need of assistance throughout each holiday season: and, WHEREAS, the loyal Boy Scouts of Troop 2001, sponsored by North Naples Fire Control and Rescue Oistrict, met this need of the community and conducted a fundraiser, with the øssistance of Chrissy's Wildside Café, to host a diMer to raise money for families in need: and, WHEREAS, the generosity and determination of Boy Scout Troop 2001 has partially supplemented financial burdens of at least four families within Collier County during the 2004 holiday season: and, WHEREAS, through the kindness and support of the Collier County Health Oepartment, the btlSkets of food and toys were delivered to families in need: and, "~ WHEREAS, with the continued support of their parents, families, and the community of Collier County, the young leaders of Boy Scout Troop 2001 will strive to tlSsist others through philanthl"Opic acts of kindness each holiday setlSon and throughout the year. NOW, THEREFORE, be it proclaimed by the 8øard of County Commissioners of Collier County, Florida that January 11, 2005 be desigttated as Boy Scout Troop 2001 Philanthropy Oay and call upon all our citizens in Collier County to remember others less fortunate during the holiday season and all throughout the year. OONE ANO OROEREO THIS 11th day of January 2005. BOARO OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIOA OONNA FIALA, CHAIRMAN ATTEST: - OWIGHT E. BROCK, CLERK Item Number Item Summary Meeting Date Agenda Item No. 4B January 11, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4B Proclamation to designate January 11, 2005 as Boy Scout Troop 2001 Philanthropy Day. To be accepted by Boy Scout Troop 2001, Richard Treiser, Christine Bianchi, Owner of Chrissy's Wildside Cafe, and Maryanne McCarty. 1/11/20059:0000 AM Prepared By Date Kathleen Martinson Board of County Commissioners Administrative Aide to BCe 12130/200411 :50:04 AM BCC Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 12/30/2004 1 :22 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/30/20044:03 PM ,'-" Agenda Item No. 4C January ii, 2005 Page 1 of 2 PROCLAMA TION WHEREAS, in a \lery short time, thousands of our \lery beautiful feathered friends, the Purple Martins, will return from their winter home In Brazil: and, WHEREAS, these birds will be searching for suitable housing to enable them to nest and rear their young: and, WHEREAS, the Florida Legislature has designated Collier County the PURPLE MARTIN CAPITAL OF FLOIUOA: and, WHEREAS, the "Purple Martin Society of Collier CountyH is desirous of urging the public to erect proper housing for these \lery valuable winged creatures by placing said houses on their property: and, WHEREAS, during the period of January 16th-ZZnd, Z005, the Purple Martin Society of Collier County will endeavor to alert the public to how valuable these birds are in helping to diminish the insect and mosquito population. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of January 16th-ZZnd, Z005 be designated as: PURPLE MARTIN WEEK in Collier County and urge all citizens to join with the Purple Martin Society of Collier County to show their concern for these valuable and friendly winged creatures and learn to protect and preserve them. OONE ANO OROEREO THIS 11th Oay of January Z005. BOARO OF COUNTY COMMISSIONERS COUIER COUNTY, FLOIUOA OONNA FIALA, CHAIRMAN ATTEST: owrGHT E. BROCK, CLERK Item Number Item Summary Meeting Date Agenda Item No. 4C January 11, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4C Proclamation to designate January 16-22, 2005 as Purple Martin Week. To be accepted by Mr. Jerry Glasson, President of the Purple Martin Society of Collier County. 1/11/20059:0000 AM Prepared By Date Kathleen Martinson Board of County Commissioners Administrative Aide to BCC 12/30/20042:24:38 PM BCC Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Offíce 12/30/20042:37 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/31/2004 10: 05 AM Agenda Item No. 58 January 11, 2005 Page 1 of 4 Executive Summary A report from the Collier County Health Department regarding a study of the bacteriological safety of the drinking water from private wells in Golden Gate City. Objective: To inform the Board and the Golden Gate City community of the results of a year long study designed to determine the safety of the drinking water supply through a statistically significant sampling of water from private wells in the area. Water was tested for total and fecal coliforms, nitrites and nitrates. _. Considerations: Golden Gate City is a densely populated community with approximately 10,000 single and multi family homes. Only about 3,300 are on community water and sewer service provided by the Florida Governmental Utility Authority. The rest remain on private wells and individual septic systems. In the fall of 2002 the utility reported high levels of bacteriological contamination with one of their wells, prompting the Health Department to begin testing of private wells in the area. In FY 2003 the Board provided $28,000 to the Department to do a series of tests of randomly selected private wells in both rainy and dry seasons to determine if there was a problem with the well water in the Golden Gate area. This is a report of those fmdings. Fiscal Impact: The Board approved funding for the project and it was completed in FY 2004. Growth Manaeement Impact: Continued growth and development in the area may indicate that a repeat study be done in a 5-10 year period. ----. Agenda Item No. 58 January 11, 2005 Page 2 of 4 Recommendation: Acceptance of the report and a recommendation that the Collier County Health Department does not need to pursue additional testing of private wells in the area at this time. Prepared by: Dr. Joan Colfer, Health Department Director -',.... Agenda Item No. 58 January 11, 2005 Page 3 of4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 58 A report from the Collier County Health Department regarding a study of the bacteriological safety of the drinking water from private wells in Golden Gate City. 1/11/20059:00:00 AM Meeting Date Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 12/20/20041 :32 PM Approved By Amanda Townsend Operations Coordinator Date Public Services Parks and Recreation 12/28/20042:26 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/29/20048:24 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 12129/2004 9:49 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/31/200411:35 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12131/20041:34 PM Agenda Item No. 58 January 11, 2005 Page 4 of 4 SECTION 1.0 Executive Summary The Collier County Health Department (CCHD) conducted a raw groundwater sampling study in Golden Gate City from September 2003 through August 2004 for the pwpose of evaluating the quality of private well water for the presence of colifonn bacteria and nitrates/nitrites. The sampling was conducted during 4 quarterly events which represented the City's varying groundwater elevation (dry vs. wet season) conditions throughout the year. The private wells were selected ftom volunteer homeowners who had a well system capable of producing a raw well water sample. The 100+ well locations that were sampled were scattered across the NW, SW and SE quadrants of Golden Gate City provided an adequate sample size to be statistically representative of the City's groundwater. The bacteriological test results showed that at any time, approximately 8.6% of the wells initially test positive for total colifonn bacteria. However, only 0.8% of the wells test positive for fecal colifonn bacteria. This is a reasonably low percentage of samples testing positive for either total or fecal coliform. In addition, the true likelihood that anyone's groundwater would test positive for total colifonn is probably closer to 4.0%, because more than half of the initial positive samples retested as negative within a week or so following the :fITst sample. This indicates that the groundwater quality beneath most of Golden Gate City is ftee of fecal colifonns and therefore not a public health concern. Only two well locations exhibited repeated bacteriological contamination during the year long study. This indicates that even ifbacteriological contamination is occasionally detected, it does not appear to be a long term event. These two repeat contamination sample locations may indicate a possible localized or site specific contamination source. Results also showed no significant City-wide trends of Nitrate or Nitrite contamination in the groundwater. NitrateslNitrites were occasionally found above the method detection limit (MDL) in the groundwater, at a frequency of8.1% ofthe sample locations. However, none of the NitratelNitrite results exceeded the drinking water maximum contaminant level (MCL). Several well locations showed some repeated presence ofNitrateslNitrites above the MDL again indicating possible localized or site specific sources. When compared to the well sampling conducted by the Health Department in the fall of2002, we found that there were 45 common raw well sample locations tested in both studies. Only I of 45 (2%) common sample locations re-tested positive for bacteria during this study. This is also an indication that no long tenn or widespread groundwater bacteriological contamination exists within Golden Gate City. The study results indicate no additional need for private well sampling at this time in Golden Gate City. However, it is recommended that homeowners with private wells understand the importance of maintaining proper operation of their water treatment systems. C:\Documents and Settings\townsendamanda\LocaI Settings\Temporary Internet Files\OLK13B\GGC Water Exec Sum.doc Agenda Item No. 5C January 11, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to receive an update and provide input for the county road 951 project development and environment (PD&E) study, from Immokalee Road to Alico Road in Collier and Lee counties. OBJECTIVE: For the Board to receive a status report and provide input regarding the Project Development and Environment (PD&E) Study for the proposed extension of County Road 951 from its existing intersection at Immokalee Road in Collier County to a point along Alico Road in Lee County. In September 2002, the Lee County Board of County Commissioners, in association with the Collier County Board of County Commissioners (BCC) and the Florida Department of Transportation (FDOT), initiated a Project Development and Environment (PD&E) Study for the proposed extension of County Road 951. The Lee County BCC hired the consulting engineering firm of Dyer, Riddle, Mills and Precourt, Inc. (DRMP) to conduct the three-year long study. Staff from Lee County, Collier County, and FDOT is actively participating in the project management and administration of the study. - One ofthe study's initial tasks was to have the public and various agency representatives create a number of initial alignment alternatives. Analysis and evaluation of these initial alignment alternatives took place throughout 2003. The screening of these alternatives identified several viable alternatives that were recommended for further detailed study. On January 13, 2004, the project team presented the Collier County Board of County Commissioners with these initial findings and sought their input on both the alternatives and the study process. On that date, the project team received concurrence from the Board relative to the initial screening evaluation and identification of viable project ahernatives to be advanced into the more detailed phase of the study. Throughout 2004, more detailed analysis and continued public involvement occurred. This has resulted in some alternatives being refined and retained for further study, while others are being recommended for elimination. The project team is again asking the Board of County Commissioners for concurrence with its findings and overall study process. CONSIDERATION: The PD&E Study process is a fonnal process established by the FOOT in order to qualify transportation improvements for future federal funding. The funnal PD&E Study is being conducted to identify, evaluate and document potential social, economic and environmental impacts associated with the proposed CR 951 extension and will address federal, state, regional and local regulations for transportation and environmental planning. The National Environmental Policy Act (NEP A) of 1969 is the primary legislation that mandates the environmental assessment, preliminary engineering and documentation requirements for this type of project. An Environmental Impact Statement (E1S), which is the highest level of environmental documentation required by federal law , is the anticipated Class of Action. ,.-- ""'..."'..-.."""",_"...._"..",'.,., Agenda Item No. 5C January 11, 2005 Page 2 of 4 Public and agency involvement is a key component of the PD&E Study process. Public workshops and hearings; small group meetings with homeowner associations, civic organizations and special interest groups; as well as briefings to local public officials are typical public and agency involvement activities that have been conducted as part of the CR 951 PD&E Study. This extensive consensus building process is an integral part of the study. A series of small group meetings and public workshops will continue throughout the remainder of the study process, as coordination with the public and public agencies is a crucial element in the decision-making process for this regional improvement. FISCAL IMP ACT: No additional funding is being sought from the Board at this time. Collier County contributed $250,000 in FY 2003 towards the CR 951 PD&E Study, while Lee County assumed the remainder of $2.5 million total project cost. Recently, both Lee County and Collier County have programmed funding for design in the outer years of their Transportation Five Year Work Program. However, neither county has allocated funds for the project's right-of-way acquisition and construction phases. GROWTH' MANAGEMENT: This project is consistent with the Long Range Transportation Plan and the Growth Management Plan. - RECOMMENDATION: That the Board of County Commissioners express its concerns and/or support for the project team's study process, refined screening evaluation, and remaining viable project alternatives. Prepared by: Joseph Quinty, Principal Planner, Transportation ."--' Agenda Item No. 5C January 11, 2005 Page 3 of4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 5C Recommendation to receive an update and provide input for the County Road 951 project development and environment (PD&E) study, from Immokalee Road to Alico Road in Collier and Lee counties. Meeting Date 1/11/20059:0000 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 12/2912004 4:44 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 12/29/20045:08 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/30/2004 8: 10 AM Approved By Michael Smykowski Management 8. Budget Director Date County Manager's Office Office of Management & Budget 12131/20049:41 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/311200411 :26 AM ULD'<;t" LDO- 00 OC'\J'<;t" Z"':W ~.,- OJ §>,ro .........0.. -ro ro::J -¡:;c cro W-' OJ « =- -= = .... en .... = CD e = o .. 1- ::a = ... 01 .... == CDu el =.2 oE -. =. CDu =! oCI:I .... u ! U 1= CD en'= I_U: 0·1:- .. ... 'S ... I.e - ...= ,... U = .,,=~ ..... ~ ;; ...., U = · U!;! & ___ _¡;;; '5 - O=~ . .. = "' UD.£8 š "'''' ., ~ ,. Q) :'::::.0 E~~~ ~§1J~ ~8.:t:g Æ .~ ~ -g t: 15 E.S g,r;.~* -'.Q<t:~ '" c Of g-g -0 (I)", ø di "'.c 5~ u.. " ~ 0 £z ",- ., t: '" 0 .;;~ CD ~ ':;;ê ~[ij :0::: ¡..... "'.2 E", ~.§ <{ t: ~ CD æ E E E t: 0 "'U :.= W .,;D:: >- "0 => û5 E ,g '" CD ro t: ê üJ '" i:' ., <tI .2: " ro t: E => 0 $ (¡) ;;;: "' CD ë '" CD E >- t: "0 .!2' " û5 ;:;: J I I Li :¡! D:! .::a! .fæ) Q¡ <II ~ '[ .~ ~ ~~~ >- ~.!!? to" 2{ct& 2 ~-o -Q...C-¡¡ .z:-ÕÜ: §':~ 8Æ~ æ8~ ...J ..,. o o '" Ó '" N :;:; 8"Ë N CD 'ë 6 ~z ;'l! .c '" 0.0 1:'", 2.~... .2 ~ ::: ð Cl. cr:_ Ë õ õ § CD CD rom 00 Agenda Item No. 6A January 11, 2005 Page 1 of 2 -- ~ COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010 December 17, 2004 Mr. James Bryant 2173 Pinewood Circle Naples, FL 34105 . Re: Public Petition Request to Discuss Traffic light Timing Dear Mr. Bryant: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of January 11, 2005, regarding the above referenced subject. - Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building (IF") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this' office . Sincerely, ~ ~ County Manager JVM/jb cc: David Weigel, County Attorney Norman Feder, Administrator, Transportation Services c II l~~ e f c ) u It .... .--- .>~.._,~~--_. ~(ftJ,.rl/ ~ ê~. Agenda Item No. 6A January 11, 2005 Page 2 of 2 Reauestto ~¡Deak UDder Public Petition Please print Name: ~ ").,t? JPd. - .(./ #A?tI7"$ -L.J. .:~,c;..,~;J r Address: ,,~ . ø:2/?.3 ri,.l~¿~-/ð'~ a/¿ /'J/#:P¿ES: /~:"L Jø¿J.s;- , Phone: ~J'- R¿ ¿ - ~ .9d ;7 AT tJlA!! ø1,., ~ Ú¡,,,.; ð i) Date of the Board Meetina you wi ;Ih to sDeak: Please eXDlain ;n detail the rease :1 YOU are reauesting to soeak (attach addiüonal Dace if necessarY): . /#""6" ~....ç ...z .~e- S~ç,.; r 41/ TN' -bð T ættL¿.lF---:J f)~ 7.~e,r~,<!!" ~,H T 77~/~ Ç!. ~/.",vl) ~.F.rd..c:'r..s d"e. a#d".)9~. /?Þ'Æ ,Pe.2> ë ~ .,..,..A;?....e 7l,,)) 7iJ -..I r ;9~ /dÏ ~ ~,T# rde' &:7" :2Jd n,/..:/ ~;9/~ C/fliM¡7ðo.S"". ..2"" f¿-£L ß.A91! ?;"',.,/N:J' /-s /'d"<F" ~~/;Y ~E4I':;rð",) A ~, g,¡9é ~6,2) c.)..¡i) 7~r-n ð /9 T ~"'~~ ...Ã.:76~~c??e!J;';S. Please explain in dalai/the action :/OU are askina the Commission to take (attach addmonaIDaaeifnecessa~): /I!f2¡- Pi' e- -..J T /11 ~c- ..2..-v TÐe. .:s ëc/i /1;.J.s ~ I??~b- e M:''''¡rGS. TJIY"é ~4/';'; , , ..:J:'.,.e, ßL.tG~ ,,<'oS :;:-# e C' R€ ~ .",J .L-:9 .# 7.s- .ð7~c:~ ""v, T ~ ç,J c:; tSA/,J-V ,~ .2)bR.............L ~õ~~/ ~t../,e )' ~R'~tt.-I 's .~L 7í£N.r /ý!~e6 /tßð .s~~r- "-"---~,..~...- Agenda Item No. 68 January 11, 2005 Page 1 of 6 ...,..-..., ~ COlIÆR COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail - Naples, FL 34112 . 239-774-8383 - Fax 239-774-4010 December 20, 2004 Mr. Tom Feurig, President Mr. Brian Itzkowitz. VP Retail Operations Ms. Lizotte, Commercial Accounts Manager Goodwill Industries Southwest Florida, Inc. 4940 Bayline Drive North Fort Myers, FL 33917 Re: Public Petition Request to Discuss Attended Donation Center Program Dear Mr. Feurig, Mr. Itzkowitz and Ms. Lizotte: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting .of January 11, 2004, regarding the above referenced subject. _. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Boarq will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building'~") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. JVM/jb cc: J)avid Weigel, County Attorney Jim DeLany, Administrator, Public Utilities ,-. c Q t~ . r c &) w þt t .y ,- ..___.~__ _.__.~__ __n__________ ^Jç~g? t..i"'\~ f\1...... ~c ~f'¡Y_2~n j- Reauest to Sneak under Public Petition ACT10N Fft.E Name: Goodwill Industries Southwest Florida. Inc. - Tom Feuri!!. President - Brian Itzkowitz. VP Retail Onerations - Donna Lizotte. Commercial Accts. Manaeer Address: 4940 Bavline Drive North Fort Mvers. FL 33917 Phone: (239) 995-2106 Date of the Board Meeting you wish to speak: February 16. 2005 Please explain in detail the reason you are requesting to speak (attach additional pages if necessary): Goodwill Industries. founded in 1902. is a 501 (c) (3) non-profit agency whose mission is to provide employment and/or training opportunities for people with disabilities and other disadvantages. Our earned revenue is invested in programs and services for our mission. These prosrrams and services are developed and operated in response to local conditions and needs. Goodwill Industries of Southwest Florida. Inc. maintains the tradition of building strong: local relationships with our local community. We are one of the areas largest recyclers. Bv encouraging the community to donate. rather than discard useable items. over 7 million pounds of goods are diverted from our area landfills. Over half of what is diverted is resold in our retail stores and the remainder is sold in salvage. Our Attended Donation Center (ADC) program is a partnership designed to help companies give something back to the community in which they do business. ADC's allow us to cost effectively provide donors with the convenience of donating while running their enands. This is essential in helping us reach the public with our message and our mission. The Donation Center measures 11ft H x 8 ft W x 32 ft. L and occupies approx. 6 parking spaces. Our ADC's are fullv insured for up to five million dollars. These sites are manned. with an attendant present eight hours a day. Mondav through Saturday and half days on Sundays. This also provides additional monitoring and security for the location. ~ ~"~ The following sites represent locations ín Collier County. considered ideal for placement of an Attended Donation Center. These sites support several large retail businesses and have ample parking available. Placement of the manned ADC within the parking lot is determined bv the retail business or management COIIIPany. The locations are secured by mutual consent of Goodwill Industries and the business. There is no payment of rents. exchan1Ze of goods or services for placement. Typically. the ADC is placed in a remote location on the property. so as not to interfere or obstruct ongoing daily business. Locations for Collier County: · Marketplace at Pelican Bav - Tamiami Trail. Naples · Green Tree Center - Tamiami Trail. Naples · Park Shore Plaza - South Tamjami Trail. Naples · Granada ShOPDes - Immokalee Rd. Naples · Publix - Radio Road. Navies. FL · Carlon Plaza- Airoort Pu/linf! Rd N. Naples Scheduled placement times vary according to seasonal needs or as detennined bv the volume of donations at a specific site. We expect a tenn of 8 to 10 months per location to provide adeauate exposure within the community. Cycling the ADC trailer sites per the allotted term. allows our contributors to become familiar with out presence at the site. and allows Goodwill to maximize donation opportunities. Agenda Item No. 68 January 11, 2005 Page 3 of 6 Our ADC's have been accepted bv and currently serve eight Lee County shopping center locations. The attached Exhibit A re.presents our Lee County locations. Exhibit B and C are photos of our current ADC trailer and attendant. Please explain in detail the action you are asking the Commission to take (attach additional page if necessary): Thank you for considering this proposal. With the approval of the Commission. we hope to form a viable partnership. which will have lasting positive results for both Goodwill Industries and the Collier County community. ~~.. ...------.--------.--- .....ccunYIØJIrIJlJ.....- .. Aqenda \}e~ ~~âF January 1, . DEC 2'. of6 ACnON Request to Soeak under Public Petition flU = Name: Goodwin Industries Southwest Florida. Inc. - Tom Feuri2. President - Brian Itzkowitz. VP Retail Operations - Donna Lizotte. Commercial Accts. Mana2er Address: 4940 Bavline Drive North Fort Mvers. FL 33917 Phone: (239) 995-2106 Date of the Board Meeting you wish to speak: February 16. 2005 Please explain in detail the reason you are requesting to speak (attach additional pages if necessary): Goodwill Industries. founded in 1902. is a 501 (c) (3) non-profit agency whose mission is to provide eIJ1l)loyment and/or training opportunities for people with disabilities and other disadvantages. Our earned revenue is invested in programs and services for our mission. These programs and services are developed and operated in response to local conditions and needs. Goodwill Industries of Southwest Florida. Inc. maintains the tradition of building strong local relationships with our local community. We are one of the areas largest recyclers. By encouraging the community to donate. rather than discard useable items. over 7 million pounds of goods are diverted from our area landfills. Over half of what is diverted is resold in our retail stores and the remainder is sold in salvage. Our Attended Donation Center (ADC) program is a partnership designed to help companies give something back to the community in which thev do business. ADC's allow us to cost effectivelv provide donors with the convenience of donating while running their errands. This is essential in helping us reach the public with our message and our mission. The Donation Center measures 11 ft H x 8 ft W x 32 ft. L and occupies approx. 6 parking spaces. Our ADC's are fully insured for up to five million dollars. These sites are manned. with an attendant present eight hours a dav. Monday through Saturday and half days on Sundays. This also provides additional monitoring and security for the location. ""'" , The following sites represent locations in Collier County. considered ideal for placement of an Attended Donation Center. These sites support several large retail businesses and have ample parking available. Placement of the manned ADC within the parking lot is determined by the retail business or management companv. The locations are secured by mutual consent of Goodwill Industries and the business. There is no payment of rents. exchange of goods or services for t>lacement. Tvpically. the ADC is placed in a remote location on the property. so as not to interfere or obstruct ongoing dailv business. Locations for Collier County: · Marketplace at Pelican Bav - Tamiami Trail, Navies · Green Tree Center - Tamiami Trail. Navies · Park Shore Plaza - South Tamiami Trail, NavIes · Granada ShODDes - Immokalee Rd. Navies · Publix - Radio Road. Navies. FL · Carlon Plaza- AirvorL Pullin!! Rd N. Navies Scheduled placement times vary according to seasonal needs or as detennined by the volume of donations at a specific site. We expect a term of 8 to 10 months per location to provide adequate exposure within the community. Cvcling the ADC trailer sites per the allotted term.. allows our contributors to become familiar with out presence at the site. and allows Goodwill to maximize donation opportunities. ._-_._._.,.".~~- Agenda Item No. 68 January 11, 2005 Page 50f6 Our ADC's have been accepted bv and currently serve eiszht Lee County shopping center locations. The attached Exhibit A represents our Lee County locations. Exhibit Band C are photos of our current ADC trailer and attendant. - Please explain in detail the action you are asking the Commission to take (attach additional page if necessary): Thank you for considering this proposal. With the approval of the Commission. we hope to form a viable partnership, which will have lasting positive results for both Goodwill Industries and the Collier County community. OFFICERS George T, Mann, Jr. Chairman of the Board Raymond T. Holland Vice Chairman William J. Barrett Secretary Sharlene Hamel Treasurer Thomas Feurig President DIRECTORS Daniel F. Adams Dr. Robert E. Arnall Jean Devereaux Barbara Hartman Wi1\iam L. McDaniel, Jr. Judge R. Wallace Pack Ray V. Pottorf Dale Schneider Jon A. Simmons Donald E. Snyder EMERITUS Hatton B. Rogers Chairman Vera Campbell Milner John West Frank Wilkerson MEMBER Goodwill Industries International, Inc. Commission on Accreditation of Rehabilitation Facilities Florida Rehabilitation Association Florida Association ofRehabiJitation Facilities The Mayor's Al1iance Florida Goodwi11 Association Association of Providers Keep Lee County Beautiful United Way of Lee County 10 United Way of Lee County ~h rarr ~ GOOd1Nill I rcet1~ Item No. 68 . . 'iSm ~1'V~Sj2005 faml leFJ~6 of 6 commumtles- .... One job at a time Industries of Southwest Florida, Inc. The following is a list of our Attended Donation Center locations for Lee County. Contact infonnation is included for your convenience. Please let me know if you require any additional infonnation. · Albertsons - 4515 Cleveland Ave. Fort Myers, FL 33907 Carol Passaro, Store Director (239) 939-2552 · Big Lots - 13970 North Cleveland Ave. North Fort Myers, FL 33903 Jill Adams, Store Manager (239) 656-5657 · Lowes - 14960 South Tamiami Trail Fort Myers, FL 33912 Bob Nelson, Store Manager (239) 443-9255 · Omni Gem Plaza - 1791 Boyscout Rd. Fort Myers, FL 33919 Under New Management · Paddle Creek Plaza - 8750 Gladiolus Drive Fort Myers, FL 33912 Hiam Zuckennan, owner (239) 481-2028 · Publix - Deltura Shopping Center 18900 North Tamiami Trail Fort Myers, FL 33903 Curt Morris, Store Manager (239) 543-3039 · Tile Outlets of America - 13460 Daniels Commerce Blvd. Fort Myers, FL 33912 Buddy Powell, Store Manager (239) 768-1517 · Walmart - 2523 Lee Blvd. Lehigh Acres, FL 33972 Wade Stevens, Store Manager (2:39)368-5700 4940 Bayhne Dnve' North Fort Myers, Flonda 33917 . Phone:239-995-2106 * Fax 239-995-5868' I TY:239-995-9207 Agenda Item No. 7A January 11, 2005 Page 1 of 59 EXECUTfVESUMNLlRY V A-2004-AR-S878 Michael J. Needham and Wendy B. Needham, property owners, represented by Michael A. Durant of Conroy, Coleman and Hazzard, P.A., requesting a 7- foot variance in the Pelican Bay PUD zoning district from the required IS-foot rear setback, to allow an eight-foot (8) setback, within which the petitioner wants to extend an existing screen enclosure. The property, consisting of 17,077 square feet, is located at 720 Bay Tree Court, further described as Site 7, Block A, Pelican Bay Unit One, in Section 4, Township 49 South, Range 2S East, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners consider the above-referenced variance application and render a decision regarding the petition in compliance with all applicable codes and regulations to ensure that the community's interests are maintained. CONSIDERATIONS: - The applicants are requesting an after-the-fact variance in the Pelican Bay PUD zoning district (Ordinance 89-35, Section 4.04.04.C.) from the minimum required IS-foot rear yard setback for a screen enclosure. The petitioners wish to get a variance to allow an 8-foot rear yard setback for a screen enclosure, so they can extend the existing screen enclosure to cover a planter that was constructed within the setback area (see "Nature of the Petition," provided by the petitioners with the application). The amount of variance requested is 7 feet. FISCAL IMPACT: The approval of this variance by and of itself does not have a fiscal impact on the County. The fiscal impact occurs as development occurs. The fiscal impacts of development are addressed through the payment of impact fees that are collected after the zoning issues are addressed. The County collects impact fees before the issuance of building pennits to help offset the impacts of each new development on public facilities. The petitioners are seeking the variances to allow a screen room addition to an existing screen room that is attached to the existing house. Any construction would require the issuing of the required building pennits and the payment of the applicable fees if approved. GROWTH MANAGEMENT PLAN IMP ACT: .-. The site is located in the Urban Residential Land Use Designation on the County's Future Land Use Map. The Growth Management Plan does not address individual variance requests; it deals with the larger issue of the actual use. As previously noted, the subject petition seeks a variance for an accessory structure on a single-family home site that is located within a single-fumily subdivision, which is an authorized use in this land use designation, therefore, the single family home use is consistent with the Future Land Use Map. Based upon the above analysis, staff VA-2004-AR-5878 VA-2004-AR-5878; Needham variance.doc Page 1 of 2 ,..... ..__._____.,'..ü.. Agenda Item NO.7 A Jånuary 11, 2005 Page 2 of 59 concludes that the proposed use for the subject site is consistent with the Future Land Use Element. ENVIRONMENTAL ISSUES: Environmental Review staff evaluated this petition and determined that there are no environmental issues that need to be addressed at this time. The Environmental Advisory Council (EAC) did not hear this petition because an Environmental Impact Statement (EIS) was not required by the LDC. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: ." The CCPC heard this petition on November 18, 2004. A motion was made by Commissioner S1raÌn and seconded by Mr. Adelstein to recommend approval of a variance to allow an 8-foot rear setback for the screen room. The motion passed unanimously 9 to O. Because staff recommended denial of this variance request, and two persons spoke at the CCPC hearing in opposition to the request, this petition could not be placed on the Summary Agenda. RECOMMENDATION: Staff recommends that the Board of Zoning Appeals deny this petition. There are no land-related hardships associated with the variance. The petitioners would be able to enjoy a reasonable use of the land (and the existing screen room) whether the variance is approved or not. However, the rear property line abuts the golf course; therefore, the screen enclosure will not be closer to any home site than any other screen enclosure in this area and the golf course mitigates any concern of incompatibility. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning & Land Development Review ".-. VA-20Q4-AR-5878 VA-20Q4-AR-5878; Needham variance.doc Page :2 of 2 Item Number Item Summary Meeting Date Agenda lIem No.7 A January 11. 2005 Page 3 of 59 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 7A This item require:; that aU pnr1ìcipnn\5 be sworn 111 and ex pnrte disc!o:;ure be provided by Commission members, VA~2004·AR-5878: Mich..~el J. Needham and Wendy B. Ne-edham propert)' owners, fepresen1c:d by MIchael A, Duran1 of Conroy. Co!emw <.Ind Hazzard. PA. requesting.a 7-100t ~nriancp. in thE! Pf)!!i('....m Bay PUD zoning dj,-:;trict fmm the required 15~f(Joi mar setbat'..K.. to alJow an eight-foot (8) 5elback, wit.hin whiC'Jl the petitioner w:mts to ex1Md an eXisting ~creet1 enclosure, The propeliy, con~isting 01 17,077 ::¡quare Ieee is located Bl 720 Bay Trnf: Court, further described as sa", 7, Slock f..., Pei¡r~an Bay Unit One, 111 Section 4. Town:<,hip 49 South, R3nge 25 East, Comer CQun!y. Florida 1/11/2005 9:00:00 AM Prepared By P'riflc;p~1 PI~nner 121'\:3/2UV410:30:35 AM Kay Dese!em, AfCP Community Dellnlopm~nl & Enllir()nmel,t.::d Service$ Ontt~ Zoning 8. Land Development Review Approv~d By De.ta Gon5tanc~ A. Johluon CDmmunlty Olt'll~!opm(!nt & E.nvíronment~1 Ser....ices Operations Än.alyst CDmmlln~ly Oevl!:loprn!!nt &. Environmental Ser....ices Admin. 1:U1JI2004 3;'10 PM Sandra Lea ExecutIve Secretary Date Approved By Community DeVeh)pmetlt & Environmental $arví<;e5 Curnlnurlity DcvdoplTlel"lt & Environment.;1 Services Admin. 12113/2004 :3: 19 PM Ray Bellow3- Ghbf Planner O.ate Approved By COlnrnurlity Oll:veloprnerrt &. EnvkDnJ11r:nl:ill S!!\IVI(;CS. Zoning & L.al'ld OI!'''~¡opn1l(!nt Rt!view 12J17/200.4 8:17 AM Approved By Zoning 3. L.Md DevelopmÐnt Direçtor Dutl? $1.16<111 Murr;¡y. AICP Community Developm~n.t &. EI)\/irof]rn~nta.1 Sen:jç~!> 20ntng &. Land )~velopment f~evi~w 12/21:200412:3B PM Norm E. r:""det, AICP Tn'lnlipnrbJion Di....lslol'l Adrnjr.ir.tra1or Dat(! Approved By Tr~n5portjon SerVkl!=9 TranspDrtatiQn ServIces Adrnì¡,. 1212'UZD04 5:01 PM JU6eph 1<.. SctuniU Dnbò< Approved By Con,munity Developmcl,t &. Ell'1ìrofltnenta! SeIV!c:~1> Community Development 8. Erwironnlehtal ServicE$. A¡jmindr<Jtor Community Development & El1vifOrltn!!ntal StHvi(.'t'ts Admin. 1212212UI.I4 1 :21 PM OMB CtH.lHhnator Admil1i::;tr¡¡¡liveA)$l>i.:¡tall1t D;Ate Approved By County MiUugcr'1I Offir:c Office of Management & Budget 12.'22120(14 '1 :59 PM M(\yk Is;ack.$orl Budget Analyst Date Approved By County M,tfliIÇJN'S OfficI!' Offj(:e of Man;¡gr.mt!nt & B\!dget 12/23/20049:02 AM Mien,ud SrnJfkowliki Manag~nJ(!t11: If. Budge! Oitt!C:!Qf Om. Approved By County Maf13ger'$ Qffice Qffi<:;e of Managemen1 & BUdget 12127120049;11 AM James V, Mudd Cùunty M.an3ger Date Approved By Botlrri of County Commissioners Cf.\\Jtlly M8n,¡g~f': ; Offir;{J 12.129120044:26 PM Agenda Item NO.7 A January 11. 2005 Page 4 of 59 TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: NOVEMBER 4, 2004 RE: PETITION V A-2004-AR-5878; MICHAEL J. & WENDY B. NEEDHAM REQUESTED ACTION: The applicants are requesting an after-the-fact variance in the Pelican Bay PUD zoning district (Ordinance 89-35, Section 4.04.04.C.) from the minimum required 15- foot rear yard setback for a screen enclosure. The petitioners wish to get a variance to allow an 8-foot rear yard setback for a screen enclosure, so they can extend the existing screen enc10sure to cover a planter that was constructed within the setback area (see "Nature of the Petition," provided by the petitioners with the application). The amount of variance requested is 7 feet. PROJECT STATUS: The Collier County Planning Commission (CCPC) was scheduled to hear this petition on August 19, 2004, however the applicants' agent sought and received a continuance to the September 16, 2004, to allow time to conduct research regarding the property's permit history. Another continuance was approved from September 16, 2004, giving the petitioners until November 4,2004. SUPPLEMENTAL ANALYSIS: No further analysis is required as no new information has been provided to staff. STAFF RECOMMENDATION: Staff has a.'1alyzed the guidelines associated with the variance request, and has determined that there are conditions that ameliorate the impact of the encroachment, such as the rear lot line abutting the golf course. However, there are no land- related hardships associated with the variance, and the petitioners will be able to enjoy a reasonable use of the land whether the variance is approved or not. Staff continues to recommend that the Collier County Planning Commission recommend denial of Petition V A- 2004-AR-5878 to the Board of Zoning Appeals, as was set forth in the original staff report prepared for the August 19, 2004 hearing. Needham Variance, VA-2004-AR-5878 Supplemental Staff Report for 11-4-04 CCPC.doc Page 1 of 2 Agenda Item No.7 A January 11, 2005 Page 5 of 59 PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RAY BELLOWS, MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AlCP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN DATE Tentatively scheduled for the December 14,2004 Board of County Commissioners Meeting Needham Variance, VA-2004-AR-5878 Supplemental Staff Report for 11-4-04 CCPC.doc Page 2 of 2 Agenda Item No.7 A January 11, 2005 Page 6 of 59 er County SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION DATE: SEPTEMBER 16,2004 RE: PETITION: V A-2004-AR-5878; MICHAEL 1. & WENDY B. NEEDHAM VARIANCE REQUEST SUPPLEMENTAL ANALYSIS: The Collier County Planning Commission (CCPC) was scheduled to hear this petition at its August 19, 2004 meeting. The petition was continued because the petitioners wanted time to research the pennit issues raised in the staff report. Copies of an August 12, 2004 letter fÌ"om the petitioners' agent and a copy of the faxed continuance fonn are attached. No additional information has been provided to staff to analysis, therefore, the Department of Zoning and Land Development Review recommendation remains the same. Staff continues to recommend that the Planning Commission forward this petition to the Board of County Commissioners with a recommendation of denial, referencing the findings provided in the original staff report in support of that recornnaendation. It is anticipated that the petitioners may request an additional continuance to allow them more time to review the issues and present a response to the original staff report. In addition, the petition is attempting to locate persons who may have direct knowledge of the original pennitting issues, who can provide testimony before the CCPC. However at this time, the petitioners have not indicated what action they wish to take. PREPARED BY: KAYDESELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW G :\Current\Deselem\Variances\Needham, VA 2004-AR-5878\Supplemental Staff Report for 9-16-04 CCPe.doc Agenda Item No. 7 A January 11, 2005 Page 7 of 59 REVIEWED BY: RAY BELLOWS, CIDEF PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT &ENVIRONMENTAL SERVICES DIVISION COLLIER COUNTY PLANNING COMMISSION: DATE RUSSELL A. BUDD, CHAIRMAN Attachments: Letter of August 12, 2004 from the petitioners' agents Copy of the faxed continuance form G:\Current\Deselem\Variances\Needham, VA 2004-AR-5878\Supplemental Staff Report for 9-16-04 CCPC.doc Agenda Item No. 7A January 11, 2005 Page 8 of 59 COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: AUGUST 19,2004 SUBJECT: PETITION V A-2004-AR-5878 PROPERTY OWNER/AGENT: OWNER: Michael 1. & Wendy B. Needham 720 Bay Tree Court Naples, Florida 34108 AGENT: Michael A. Durant Conroy, Coleman & Hazzard, P.A. 2640 Golden Gate Parkway, Suite 115 Naples, FL 34105 REOUESTED ACTION: The applicant is requesting an after-the-fact variance in the Pelican Bay PUD zoning district (Ordinance 89-35, Section 4.04.04.C.) from the minimum required 15-foot rear yard setback for a screen enclosure. The petitioners wish to get a variance to allow an 8-foot rear yard setback for a screen enclosure, so they can extend the existing screen enclosure to cover a planter that was constructed within the setback area (see "Nature of the Petition," provided by the petitioners with the application). The amount of variance requested is 7 feet. GEOGRAPffiC LOCATION: The subject parcel is located at 720 Bay Tree Court, further described as Lot 7, BlocK A, Pelican Bay Unit One, recorded in Plat Book 12, pages 47 through 52 of the public records of CoJlier County, Florida, in Section 9, Township 49 South, Range 25 East, Comer County, Florida. PURPOSElDESCRIPTION OF PROJECT: As previously mentioned, the petitioners are seeking this variance so they can extend the existing screen enclosure to include a planter. As explained by the petitioners, the house was constructed in 1980 and a pool with a screen enclosure was added in 1981. The screen enclosure shown in the 1981 plans was a small stand-alone screened area that did not cover the pool (see exhibit A). Staff has been unable to find permits that approved the screen enclosure covering the pool a:nd extending into the required setback. However, at some point, a screen enclosure was erected over the pool of VA-2004-AR-5878 August 19, 2004 CCPC he¡¡ring P¡¡ge1of5 Agenda Item No.7 A January 11 , 2005 Page 9 of 59 which the eastern 54.2 feet was within 9 feet of the rear property line, rather than the required 15 feet (see Exhibit B). Property Appraiser aerial photographs show the screen enclosure existed in its current configuration in 2000, therefore the encroaching portion was constructed by a previous owner because the current owners, who are the petitioners, did not purchase the home until 2002. Even though the petitioners have stated that they are seeking this variance to allow the planter to be enclosed, it appears that approval of this variance will, in essence, make the entire screen enclosure a conforming use. However, it is important to note that the petitioner should be required to get approval of after-the-fact permits for the entire screen enclosure, because it seems the screen enclosure may have been erected without benefit of any inspections by the county in response to permits. Therefore, even if this variance is approved, there is no guarantee that the existing screen room can remain, because it is unknown if the existing structure meets code. A permit was issued in 2003 to extend a portion of the screen enclosure, but that extension did not encroach into the I5-foot setback (see Exhibit B). A planter was constructed at that same time within the setback area but it was not enclosed within the screened area. The petitioners now seek this variance to allow that planter to be enclosed (see "Nature of the Petition," provided by the petitioners) . The Pelican Bay Woods homeowner documents have been amended to allow this lot to enjoy an 8- foot rear setback for a swimming pool screen enclosure, thus the petition does not appear to be in violation of any restrictive covenants. In addition, the petitioners' agent has submitted a letter dated June 30, 2004 from the Pelican Bay Foundation, the entity responsible for reviewing exterior aherations for compliance with the homeowner documents. That letter states that Pelican Bay Foundation has no objection to the granting of the requested variance. The existing and proposed screen enclosure encroaches into a 10-foot wide utility easement that runs along the rear property line (see the boundary survey). The petitioners have provided a letter dated March 13, 2003, from the Collier County Public Utilities Engineering Department stating that entity has no objection to the encroachment. SURROUNDING LAND USE & ZONING: North: East: South: West: Single-family home, zoned PUD (part of Pelican Bay PUD) Bay Tree Court, then single-family home, zoned PUD (part of Pelican Bay PUD) Single-family home, zoned PUD (part of Pelican Bay PUD) Golf course green in Pelican Bay, zoned PUD (part of Pelican Bay PUD) Aerial Photo VA-2004-AR-587B August 19, 2004 CCPC hearing \~ L . ¡ I I Location Map Page2of5 Agenda Item No. 7A January 11, 2005 Page 10 of 59 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The site is located in the Urban Residential Land Use Designation on the County's Future Land Use Map. The GTOwth Management Plan does not address individual variance requests; it deals with the larger issue of the actual use. As previously noted, the subject petition seeks a variance for an accessory structure on a single-family home site that is located within a single-family subdivision, which is an authorized use in this land use designation, therefore, the single family home use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals (BZA) to grant variances. The Collier County Planning Commission (CCPe) is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the CCPC in making a detennination. Staff has analyzed this petition and offers the responses to the items in Section 2.7.5.6 as follows: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? There is no land-related hardship. The lot is situated in a platted, developed subdivision. The area of variance abuts the golf course. All surrounding lots are developed with single-family homes. Absent this variance approval, the petitioners would still have reasonable use of the pTOperty. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. As previously noted, the current owners purchased the subject property after the house and a portion of the screen enclosure were constructed on the property. The original screen enclosure to which the property owners' wish to align was erected by the previous owners. c. Will a literal interpretation of the provisions of this zoning code work unnecessary an undue hardship on the appficant or create practical difficulties for the appficant? No. If t.~is VanaJICe is not approved, the applicant would still have a reasonable üse of the land. No modifications to the existing principal structure would be required if the variance is not approved. However, as noted on page 2 of this report, there is no guarantee that the existing screen enclosure can remain, because the screen enclosure has not undergone pennit inspections. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? VA-2004-AR-5878 August 19, 2004 CCPC hearing Page3of5 Agenda Item No. 7 A January 11, 2005 Page 11 of 59 No. As previously noted, this variance is not essential to allow a reasonable use of the existing single-family home. However, approval of the variance should not have a negative impact upon the standards of health, safety, and welfare. e. Will granting the variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. A variance, by definition, confers some dimensional departure from the regulations. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimenta" to the public welfare? Yes. It appears that approval of this variance, as conditioned, would have a negligible effect upon the neighborhood and would not be detrimental to the public welfare. The screen enclosure expansion would be along the rear property line which is part of a golf course, and it should not affect any neighboring property owner. The previous owner did approach the homeowners association in 1995 and was successful in getting the homeowners' documents amended to reduce the pool enclosure setback to allow an 8- foot setback specifically for this lot. That action brought the expanded screen enclosure into compliance with the restrictive covenants of the subdivision. It appears however; that the previous owner neglected to get county zoning approval to allow the setback reduction or to seek pennits to allow the construction of that pool enclosure expansion. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. In staff's opinion, approval of this variance should not have a negative effect on any other property owners because no other home sites abut the rear property line. As noted above, the rear property line abuts the golf course; therefore, the screen enclosure will not be closer to any home site than any other screen enclosure in this area. Staff therefore, believes approval of the variance would not pose any compatibility issues, and the golf course's location is an ameliorating factor that could support variance approval. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not nonnally hear variance petitions, and did not hear this variance. RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that there are conditions that ameliorate the impact of the encroachment, such as the rear lot line abutting the VA-2004-AR-5878 August 19, 2004 CCPC hearing Page 4 æ 5 Agenda Item No. 7A January 11, 2005 Page 12 of 59 golf course. However, there are no land-related hardships associated with the variance, and the petitioners will be able to enjoy a reasonable use of the land whether the variance is approved or not. Staff recommends that the Collier County Planning Commission recommend denial of Petition V A- 2004-AR-5878 to the Board of Zoning Appeals. PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RAY BELLOWS, CHIEF PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MORRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION RUSSELL A. BUDD, CHAIRMAN DATE Tentatively scheduled for the October 12,2004 Board of County Commissioners Meeting Attachment: Boundary Survey, stamped received May 5, 2004 VA-2004-AR-5878 August 19. 2004 CCPC hearing Page5of5 «LOO'J r--OLO - O~Õ Z"";C'? E"-"- CD >- (I) .......L...Q) -roro ro::Ja.. -ac cro (I)"""') 0) « ~ . ~ ~, i ~ '""'^'"""" 1MU h,. -Tn) 1M5L. IJ'WDTfJ. ~i& Cl. < I~ ::E ;¡;¡~ ¡ w I .... - en !i ~ ~ co "- co II) rr. < I 'It" o o C'I '--01""' / -.- - I < > ~ z o f- f- W Q. <M>OI-.m .. I~ N ia. ~ I Cl. < ii = i I ::E i I ~ z 0 - ¡:¡ .... < Ü 0 --' Agenda Item No. 7 A January ii, 2005 Page 14 of 59 V A-2004-AR-5878 PROJECT # 2004040038 DATE: 5/5/2004 KAY DESELEM VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRlCT) Petition No. Date Petition Received: Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Michael J. Needham & Wendy B. Needham Petitioner's Address: 720 Bay Tree Court, Naples, Florida 34108 Telephone: (239) 287-5135 Fax#: E-Mail Address: '¡' Agent's Name: Michael A. Durant / Conroy, Coleman & Hazzard. P.A. Agent's Address: 2640 Golden Gate Parkway, Suite 115, Naples. Florida 34105 Telephone: (239) 649-5200 Fax#: (239) 649-8140 E-Mail Address:lIldurant@cch-legal.com * Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 R E eEl V E D fIIAIt U::J It:m~ - ------. ._------ --- .. Agenda Item No.7 A January 11 , 2005 Page 15 of 59 Current Zoning and Land use of Subject Parcel: Residential Adjacent Zoning & Land Use: ZONING LAND USE N Residential S Residential W Golf Course E Residential Minimum Yard Requirements for Subject Property: Front: 8' Comer Lot: Yes 0 No ~ 8' Side: Waterfront Lot: Yes 0 No I!J Rear: 8' Agenda Item No. 7A January 11, 2005 Page 16 of 59 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce fÌ'ont setback from 25' to 18'; when property owner purchased property~ when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. (SEE ATTACHED) Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shaH be guided in its detennination to approve or Agenda Item NO.7 A January 11, 2005 Page 17 of 59 NATURE OF THE PETITION The Needhams are seeking a variance from the County to reduce the rear setback of their home from 15' to 8' or 9'. By way of history, the Needham's purchased their property on April 18, 2002. The home was originally constructed in 1980, permit #80-3713. In 1981, a pool and screen enclosure were added, permit #81-115. The pool was built within the IS' setback. The screen enclosure was built which encroached to within 9' of the rear property line. In September 1995, the developer of Pelican Bay Woods recorded an Amendment to Declaration reducing the Home Owners Association's setback requirement for this particular Lot from IS' to 8' (see attached Exhibit 1) allowing the enclosure to be in compliance under its regulations. [Note: the property has a ten feet utility easement which runs the length of the rear of the property and the Needham's seller has delivered correspondence from the county that the I' encroachment was not objected to (see attached Exhibit 2).] After purchasing their home, the Needhams began extensive remodeling including an extension of the screened enclosure. Apparently without approval from the County, their contractor constructed a foundation from the point located 9' from the rear property line tapering to 9.2' at the southwest comer. The county inspector objected to all of the new enclosure, and enforced the County's 15' county setback. The new screen had to be reconfigured resulting in an unattractive and functionally impaired structure. The Needhams request permission to reduce their rear setback to 8' (which is consistent with the Pelican Bay Woods Amendment to Declaration) or 9' (which is the actual amount necessary) to allow them to extend their screen enclosure. · . Agenda Item No. 7 A January 11, 2005 deny a variance petition by the below listed criteria (1-8). (Please address this criteria using adJ1fi8ifal ~Jfle~~f necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. See Attached 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existÙlg conditions relative to the property which is the subject of the variance request. See Attached 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. See Attached 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. See Attached 5. Will grantÙlg the variance requested confer on the petitioner any special privilege that is denied by Agenda Item No. 7A January 11, 2005 . b . . . th . di· Page 19 of 59 these zoning regulations to other lands, utldings, or structures m e same zonmg strIct. See Attached 6. Will granting the variance be in hannony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. See Attached 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. See Attached 8. Will granting the variance be consistent with the growth management plan. See Attached ** Section 2.7.2.3.2 (3) ofthe Land Development Code requires an applicant to remove their public bearing advertising sign (s) after final action is taken by tbe Board of County Commissioners. Based on the Board's fmal action on tbis item, please remove all public bearing advertising sign (s) immediately i ....-...J Agenda Item No. 7A January 11, 2005 Page 20 of 59 1. The Needham's house backs up to the Pelican Bay golf course and the rear property line is approximately 50'-60' from the fairway. Granting the variance would not cause a material interference to any adjacent homeowner or to any golfers. The pool and screen enclosure have apparently been out of compliance with the county setback since construction in 1980. The requested variance would correct that situation. 2. The home, pool, and screened enclosure were all approved by the county prior to their construction over 23 years ago. The screened enclosure was constructed to 9' of the rear property line. Subsequent to its construction, in September 1995, Pelican Bay Woods amended its Declaration of Restrictions and Protective Covenants to reduce the rear setback for this particular lot to 8', thereby allowing the existing structure to comply with the Home Owners Association setback requirements. The Needhams request simply to allow the county setback requirements to be consistent with the encroachment which it pennitted 23 years ago and the Home Owners Association setback requirements. 3. The pool and screen enclosure were originally pennitted and constructed to 9' from the rear property line. The pool and screen home essentially violated the county setback for over 23 years. To grant the requested variance would not encroach beyond that which was approved and constructed 23 years earlier. 4. The minimum variance requested would be 9'. However, to make the county setback consistent with the Pelican Bay Woods Home Owners Association setback requirements, the setback should be 8'. 5. From viewing the other houses on the street which abut the golf course, it appears that other pools and screened enclosures have been constructed within the 15' setback. 6. It appears that other houses on the street which abut the golf course have constructed pools and screened enclosures within the 15' setback. 7. This property backs up to the Pelican Bay golf course and the rear property line is approximately 50'-60' from the fairway. 8. It will not be inconsistent with the growth management plan. I J Agenda Item No.7 A January 11, 2005 Page 21 of 59 VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST Tms COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS #OF COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of property, showing the encroachment 1 (measured in feet) 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Application fee = $1000 Data Conversion fee = $25 (minus fees paid at pre-application meeting) Checks shall be made payable to: Collier County Board of Commissioners 8. Other Requirements - 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 of this petition. I ._1 ~-/~/ /-L- plicant/ A en(Si~ture f..¡2 ~ -dý' Date Agenda Item No. 7A January 11, 2005 Page 22 of 59 (i) AFFIDA VIr Well, Michael & Wendy Needham being first duly sworn, depose and say that well am/are· the owners of the property described herein and which is the subject matter of the proþosed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/lfurther authorize Michael A. Durant as ourlmy representative in any matters regarding this Petition. to act ~-i~' Signature of ro~ ty er \~w-du~ hÂÀ M Signature oJ ropérty Owner m \ ('.1''\(1,0,\ "(fl Nee.dWlr'Y\ t :IL, Typed or Printed Name of Owner \NPi\di; ~I t-...\ppcl&\Qvn Typed or inted Name of Owner Theforegoing instrument was acknowledged before me this 361""'" day of 5-=--....~" ";(' ,; òO~ -' by þ.¡~k\ t~ ~ ~ho 1l~sonally known to me or has produced as identification. State of Florida County of Collier ~J.J crLJ- (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) S~nt ;~y: CÓNROY ~C9LEMA'" &-HA,iZARDj Mar-12-04 13:35;Age~da !terrr~Q~~2 Janùary 11 , 2005 V A.2004-AJtgS~f 59 PROJECT # 2004040038 '. DATE: 5/5/2004 . ADDRESSING CHECKLIST KAY DESELEM Please Complete the following and submit to the Addressing Section for ~!cw. Not all ~tems wilf:Bi>Þly to every project. lwms in bold type ~ reauired. . . . 1. Legal description of subject property or properties (copy of lengthy description may be ottoched) Pelican Bay 11, Site 7. Block A 9,,'" 4-Gt - ~5'· .... 2396498140; . . 2. FouO.(property ID) ~umber(s) 'ofabove (attach to, or QSso.~iate with, le~al description i/m'ore than o~e) M. 'UHI Ii ?flnn 1 . , . 3. S~et adc:1rêss or addresses (as applicable, if already Q3slgnècl) . 720'Bay Tree Courc . Naples. Florida 34108 4. LOl2tÎon æap, showing exact location of ~jec.Vsite in ~lation toµ.earest public road righior.way (mtach) 5. Copy· of survey (NEEDED ONLY FOR uNPLATI'ED PROPERTIES) . 6. Proposod project name (if applJcable) . 7. PrOposed Street ~es (if applicable) 8.' Si~.Development Plan Nwnbcr (FOR EXISTING PROJBCTSlSlTES ONLY) . SDP_ . . 9. Petitloa Type - (Complete a separate Add1:'essing Checklist for cad1 Petition Type) . . . [] SDP (Site Development Plan). DSDP A (SDP Amendment) O'S1)PI (SDP Insubstmtial Change) []'SIP (Site Improvement Plan) I;J sIP A (SIP AmèDdmc:nt) tJ.$NR (Street Name Change) C VegetationlExotic (Veg. Removal Permits) BLand Use Petition CY~~ Conditiopal Use, Boat Dock Ext., Rezone, pup rezone, etc.) IJOOer - Describe: vø.r1ance P~f'ft'1orl 10. Project or development names proposed for, or already appearing in, condominium dopuments (if applicable;' . indicate whether proposed or existing) . [J PPL (plans' & Plat Review) . [J PSP (Prc1iminlUY SubdivisiOn Plitt) [J FP (Final Plat) . CJ LLA (Lot Line Adjustment) [J BL '(Blasting Permit) . CROW (Rigbt-of· Way Permit) r:J ~XP ~vatiOD Permit) . . [J VRSFP (Veg. Removal &. Site Fill Pennit) 11. Please Check One: [J Checklist is to be Faxed Back : ~ Personally 'Picked Up 12. . ApplieaDt Name Mi,.'hJ:lø1 ¡;. '!Jpnl"1y 1\T~"'rl1'1Am .P~ 287-5135. . Fu: . 13. Signature on Addressing Checklist does not çonstitu.te Project andlor Street Name approval and is subject to ft.trther review by the Addressing Section. . F(JR:~TAFF USE· ONLY PrirnatY Number I ~ ~ ß S 1 AddresS.Number " 0 ( ~ Address:Number Address Number Approved by .JJ.." 17: ,ð' trlÆ-t D- rI-? Date 0 ~ - ,.? - 0 Lf- - .tSJoo" :J- 0' ,f V A_2004-AR-5878 PROJECT # 2004040038 DATE: 5/5/2004 KAY DESELEM 2970089 o~g~~~1>~~o~06 RIICORDIID in OIFICIAL RlCORDS ~r~ûLtfi~fcOU\¡TY, lL 04/23/2002 at 09:30AK DWIGHT B. BRoCt, CLBRE COliS 100000 RlC IBI 1~._. INDIIIING 1.00 DOC-.70 7000.00 Retn: COHROY COLBHAH liT At PICK OP This instrument prepared by and return to: JANE YEAGER CHEFFY, Attorney at Law 2375 Tamiami Trail North, Suite 310 Naples, Florida 34103-4439 Phone: (941) 263-1130 Fax: (941) 263-3827 PREP ARA TION OF INSTRUMENT ONLY - WITHOUT BENEFIT OF TITLE OPINION Property Appraisers Parcel Identification Number: 66280520001 SPACE ABOVE THIS LINE FOR RECORDING DATA THIS WARRANTY DEED Made and executed the IÎ' ~ day of April, A.D., 2002, by SUZANNE R. GRlFFIN, now lmown as SUZANNE R. PORTER, joined by RONALD PORTER, her spouse, hereinafter called the grantor, to 1v.1ICHAEL J. NEEDHAM, JR., and WENDY B. NEEDHAM, husband and wife as an estate by the entirety, whose mailing address is: 24 Griswold Road, Rye, New York 10580, hereinafter called the grantee: (Wberever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH: That the grantor, for and in consideration of the sum of$10.00 and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confinn unto the grantee, all that certain land and all improvements thereon situate in Collier County, Florida, viz: Site 7, Block A, PELICAN BAY, Unit One, according to the plat thereof recorded in Plat Book 12, Pages 47 to 52, inclusive, of the Public Records of Collier County, Florida. S{JBJECT TO: easements, restrictions, reservations, limitations and conditions of record common to the subdivision, applicable zoning ordinances and taxes accruing subsequent to December 31, 2001. 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. -- RECORD & RETURN TO: CONROY, COLEMAN, & HAZZARD. PA 2640 GOLDEN GATE PAR'¡(;NAY, SUITE 115 NAPLES, .IDA 34105 " ....""" *** OR: ~3~îÐ!~1~~~*** ~e 2~5t~~ AND the grantor hereby covenants with said grantee that grantor is lawfully seized of said land in fee simple; that grantor has good right and lawful authority to sell and convey said land; that 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. IN WITNESS WHEREOF the grantor has caused these presents to be executed the day and year fIrst above written. .' mfuepregence:Oc~\2?~ . . SU GRIFFIN n.k.a. SUZANNE R. PORTER 720 Bay Tree Ct. !)leg.; 3;24 (2;r; ~ ~PORTER' V ~ 720 Bay Tree Ct. Naples, FL 34104 igna AprIll.Rowe na Furth Print Name of Witness STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personal~x ~¡>1.arec} ~uzann~ AEiffm n.k.a. Suzanne R Porter and Ronald Porter, who produced ~Jr1a) J..-.,L:5. as identifIcation and., are named in the foregoing instrument and that they acknowledged executing the same, in the presence of two subscribing witnesses, freely and voluntarily. . W WITNESS my hand and official seal in the tate and County last aforesaid this J..L.. day of April, 2002. 1\\\\\\\\111/11'",1. #~~~~~ '::.~ÇJtR'l~ ~ ..:,,"'\SSIOIV"¡:~ % ~ .. o~· '16 .~. "" .:::- .. (j ~'b\ l..?a ~.. ':S. (S~r..f ~ \~ § =: ...... : * = -,%. . = ~<3.~ lee 759422 :?!J~ ~ ~ -.4J;_ B-.--, . ~~... ~~ ~ ~/_·~1'A.'.'!*I"'~. C) ~ . ~ .....A··:""'Ic~~··«:-::* ~~P8ltC·S1~~~ c~,# 1"'It ¡III\I\\\'\\~ F:\WPDATA\AprilICiOlinplGriffin-PDrter sole 10 Needham CIoain¡ Do<umcnu.wpd It - Details Folio No·1166280520001 MIIP n - Current Ownership Property Addressll720 SA YTREE CT Agenda Item Ncp.à#P. 1 of 1 January 11, 200~r Page 26 of 59 Owner Namel NEEDHAM JR, MICHAEL J I Ad·.....1 WENDY B NEEDHAM 720 SAY TREE CT NAPLES II Statelf FL 11 Zlpll34108 -3429 City Legall: PELICAN BAY UNIT 1 BLK A SITE 7 Section I: Township :: Range :1 09 I 49 25 Sub No. 541300 PELICAN BAY UNIT 1 -t Use Code 1 SINGLE FAMILY RESIDENTIAL Acres 0.41 Map No. ~ Strap No. 4A09 541300 A 74A09 -t Millaae Area II -t Mi.!!Bge 79 13.2581 2003 Final Tax Roll Values Latest Sales History Land Value $ 554,528.00 (+) Improved Value $ 237,665.00 (=) Market Value $ 792,193.00 H SOH Exempt Value $0.00 (=) Assessed Value $ 792,193.00 (-) Homestead and other Exempt Value $0.00 (=) Taxable Value $ 792,193.00 Date Book· Page Amount 04 J 2002 3023 . 2206 $ 1,000,000.00 10 J 1995 21 04 - 2086 $ 660,000.00 SOH = ·Save Our Homes" exempt value due to cap on assessment increases. -- The Infonnation is Updated Weekly. http://www.collierappraiser.comIRecordDetai1.asp 7F olioID=000006628052000 1 3/25/2004 Sent ßy: CDNROY COLEMAN & HAZZARD; 239649814D; Jul-23-04 16:19; Agenda Ite~e. fA January 11, 2005 ,Page 27 of 59 ' CONROY, COLEMAN & HAZZAR'O, P",J,. Attorneys At Law 2640 Golden Gate Parkway, S-uite'#1'15 Naples, Florida 34105 (941) 649-5200 ,,' , , ' ,'NAME: 'FlRM: 'pAx NO.: 'FROM: DATE: Kay Deselem (239) 213-2916 Michael A. Durant Juty 23, 2004 ,OUR FAX NUMBER: (239) 649-8140 TOTAL NUMBER OF PAGES INCLUDING THIS PAGE: 'Re: " REMARKS: See Article 2 1) (f) in the attached documel'it. __ INf'QIUIATION C:CNTAlNED IN TttI8 TRAN.-stoN .....v III! A~NeYlCLI!!NT PlWI~' AND '~' :~~~ ' ''1'Mt~ 'OO'ORMATlCN.1ICTIIND&O ONI.V l'OIII THE USE 01"1111 IttÞI\llDUAL <m IHTtI'Y NABÐAJIOIIII., 'I' 'THI'~ ~ TMIt ~'tii Ma:r 'THI!' , 1NT&NœD IŒC1PIEIIT, YOU AM fœU!IIý Nc:mI'IED TJijl,T At« DlSIIIIIIMoTION, Dl5TNIJUTICN aIt COPY OF ntll ~TlØIHS'''TRJC1'LY NOHlIIITED. IF YOU RlCe\.VE THIS TIWII..IIOtIIN eM~. OR If' YOU ....., NO"!' TMI! INDPlmUAL OA EN1'm' NIdII!Ð A8Í:N8,â NCliJPT Of' THIS 1UN181SS1ÐN . Not INTBNt::II!D TO AND DOØ NOT WAllIE ANY PIU\¡IUOE, AT1'OfIIfÆY CUi!Nt Of( 0'ÞÌmIWrI1e. F YCU'KA.V_It.ECI!M!J), , Tin COMMUN/CA'nON IN EARDIIt. PUIMe NOTII'Y us rrr TElØHONI. Cou..&CT, ,AND lUiTuRlrr"f11E 0IItI0.JQL: I1115M$E TO 1)1 At TttE' A80V!, , ,ADptII!!IIS VIA V.I. POeTA\. 8PVtCE.. YO\.I WII.L .. MlJII8\JRIIED ,,( It AMY POS'f.AœI! OR ANY' O'Í'HeilIOO'EM8! ÅIISOCIM1m WlTHTÞ4E Rl'TURN ' , 01' Tt11$ ÞOCUMINT. TM.NK YOU. ..' .' . '" Sent ßy: CONROY,COLEMAN & HAZZARD; 07 /Z3'l;D·"·· JoKJ. 1:6.·:'.:1.1 YM.II.~H;}4t1'Un .. ...~.:-'~." ._~.. 2396498140; Jul-23-04 16"20" A d It.l:l<llri lAC: . , " J gen a el!!"'5e. -f,.) ,-----.:.-;.,J!..µJ ,K~~.~~~.~:;..::',:.:,;,:·:::::>:;:::.i?i:::.:>:;;::;:JT:¿:~:;.;:.:;dõ;gy.9,r~r;!n,;:¥~~:~':. ,:ì~ ...~'\': ., .~ J:' ~\. . , .::.~. .,~: . l:·· ).... ~~ " ~,. .I:,,' ,', ~ ~ .,:~, . ~~~ ~. .~'-=.'. '..r" ~H:;'::, '.' . \.., ~~';." , . :;~;~~?rA~"';~' )':" ' 'EC~~~~ or .~~~Tr.tCT[ON~ " " .r';;' -"!II&:ICI ·.'r', ~tV~ .~~':'~..". 'JIb ~ì.l !1'. '.., . " ':. . , ':':./,~~¿(i;i!.~:.....:-::::: PRO·rv,<..""I'tvK 'CWI::III\NTI:/ ':. . ,¡" ....: t·ut!. 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IW:,. ~,'" <!,Itul- ..t'...·d th4~, 11' ordof to Cø.U8~' .. ,:11", L tï ,¡C\lld 'J~<>nt:. ¡,¡lLhin' tlUl, NEt(iIlUORUoeJp Itn~ .:1 1>I¡~Ir.MI II.\Y ,ilJOUII, :IUl'l'L""VlIl,tl 1~,.t:~LClt'LOfte .U\d ¡"['VCltA""" ""k"uld 114' 1"'1,c:,,·.~1 .", r.t...· 1'~;II.:.IIù~!1(1I1Ir.fnr tlwt pree- orv..r.i.on of the pco.....·¡:y v..ll"". "I. \.II\! OIm~:II~¡ tI'~L'I:U\. NOW. _REf'ÖIŒ. I;OAAL RWC;';-C'OLI,JJ:lt 1')lái·~~C.TtKS.. .lNC,., dG'C\..'~e. tNt th. treJi,~I)HOI\I"lOl1 .1'1 .1o·>4<:f Ill','" In Art i.:1,~ I (If tÞL. p"~Lllrft~Lo.. .hall bu ""Ld, t.,."..t'·L·r,,,I, ,..del, .:...."',YC:d d)!\\ QèCtI- Il.ie.! :luÞ}ec:t to t.h.: nt:(·t...."NI""·' Mil' ;:t:W:¡t/ll, ,..,Ó't'I:t-rIVI: \:Wt!:tlAItrS' .)ß\J t.h-:t ."'''..,¡OI.....H'ttØJ .~}~,~.: l~'1 'HU i. (··~v··II,"nl..·., :.....t\: t ~U"L...::, i"'IJO" aLti"".. .oII._nte. '·I'.U·"..,\; ",n.1 'L""1i !)~a',·.""tl"1: :..,t: forth. 'I't,~ 1'''.1 ..rol"'r~\· 'iull 1".:1. L", . It." 1,1;'.I,I\,,,,,,·rt'.It/ Î'NIJ o;]·:rlt>lIM. l'ftOTl'.c'rJn CØI I;NI'I~;"JJi and t"j,; IH:el.,\IlM'JIIN 0'" IIE;¡oritl'"1'WHS AHD I'ROTBCTtVI COVENANTS I" th" Nt: r;III)()lnllJtJlJ t.lf't~'·r it~."1 .1:1: ,Ù I ¡\t IH_k, "^'.. aU 0" Ulock "11-. ,'~, <If 1'"r\:I"IL "I", i¡'11¡;1,..I1,·/)t "ftl:ç.i '"1." ir. Pol!Cl4n IIAY Uni.t. U,II' nil rccorlh" in· P·'.Jl,I 'mk 12', N~clt!1 47 t,hED\ll h ~j, l"C:luD!Vù, r>t 1,.11., flub I 'C u·,,,,I1.''''' 1.\( e"l Ul.'t (:t>....nty, rlc..~d4. ~~rl.'i~t). !!!!J~~ 1. "N¡,;'CI1t10¡«UOOO· ph., I I ~..n ðn.J n!fc'r t.t, th,' e,·a' l,e.,' II·t:tr, OC 8")' IJO.ll.o" thoroof. ~"II.:rll1c:,1 .1:>1 ^~ I uL 1I1,"'k ,Wh". "j\, nf IUogk .... aJ:L of P'ITI:'...1 "K", Ind.aLl of r,.,.r.~L -I." LIt rnl.t;cDô. lS.y Vnlt 011.." rocor<fod III 1'\;lt l!öO)I, l~. 1"":1"8 4"1 t.1.r')'1\111 ~~, 1;;cl~C'\"=' c.f the r\\bll: Ruco"cJ~ ~~! eul1.1e.!'r C()untv... rlc,...~..Ja.a 2. " )JIC't.AItMIT" .h..U ",1n "".1 r"I'cr tv L"{)III\I, ,IIII1GH.C01.1.l11R PRQf£liI'tutt. nlC.. I Fln.cidl\ COIVorøt.£.on prvlmnL:r hClvln., .&t.1I ::,,,J.ncl'¡:&L ',-'",C''' or. ..oudnD'" ~n Ç"lHol:' Cmmty" fI<OL'ldtl, itll .\lee..lIIO~ or .1I1I1.9n. of GnY or 411 of .Lh rh h\.~ undo.::c- till. Ðec:l'&J: .Uan. J. "uwtWl:I'" .luLl1 .UlaIL ""... l:'ofQ( fú '~"\' 1"-'f:1I.>11 or I"u·:;o.''':', ,'IIL:lly ~ ent.itL... "'Ió tWO tho r.~onJ OW(1(1r <'r '".......l·,. (Ii' ....y C"O' 1..- t.~..~ in UI. NiII:fCRllomIOOO. Uwl.. "...1.1:''', N"Cc.!1,,,.,,,rfl. )"1/".1 r.~."ß~tlY~R or £.s1,n.. .. AIIG /1 :,' ,11'1'9 . . ...... " :"~\. ".., , ." ," . ~.'I . ...~ '(~:;. ~~::". 1)~:::" ..¡.. . :1: ,,,4" .~C::~: ~.:.~.. . ,:.Üii,;_,·; ~..,'.. :~~':~;,:l' . .~.t. ~~t~· ... ~"~¡...'" 'J, ,-''', '.. ", ...~;~~:::~ t .:'~~.)'~ . . ," ....... ,"''',' ,"~:,,,, . ... , . .~ ,..:,' I ¡ i '. .,. t;~~ I~îi .. ··t··',,;}. " .;'..~:,' . -"'"11.; . , " 2396498140;. .. Jul-23-04 16:20; Agenda Iterll'ltþ ~5 .. . ,,::,,:~,~ ..~~~"~~t.;:.::::;;';',:~.;::;:i::;:<::::.::::':;::::~,:'i¡>';:;;::'::¡~.:::::,::A~99.~.~~\1~~ .~~~::T :::: .:::. '::: . , ./ 'I.t: ".~ 52TiJ¡', '. :>. -,::,:~"} '" .....,'.:. :1.t~~1~:,.:~>. ". ~,.' ..·:·,};t:~~",<.:i ". ';4~*,'" ~i'@:';' $~5ÞA6f..t·11":::; .. .ax~~,.l\dl '..0... and rdnt'·.t.O tiiUltO ol,~'tV-"llJtat Clt.>· p1.llt·t"'. ,~~~. ~'" t:M' 'Nølm'Bo'''~. " , " '."J'~'trOll",.Mi.1 "'.'" And roo"'" \;0 '·ILÍCMf'þJ\v.:.;r;:..Ubo:l 1'OUMÞA:'r·rOlt. 'tllC.. . rlöb.... c~'(poratLun \ot, for 'prof: lI.vi'''*}··,'· '" it;. pJ:!.nc,~p"l p,llO.:!': ('II bUIII"o',w 11\ C:olUIII' CO"',,'ty, (I'lr,t!d.. i.t" lUe.Ci'...or.: OJ:' ......1.,,".. . .. .G.~("~·ÞlUftS· ,,)Jail :1IIII-.1n "I'd '~oE.~''\:Q t.h1Ìt'"~I;;cï.ï.D'1'tON, . <;..: :- MD" c_~ . ..~WB CtPJf:II.IV!,!,S .. rllC',·.,.thld·.· n ÒUlc I ii' , 'RccØ!:d11 "~". .-.8U.:. .to '''.J~., J.li;,!,t.hl'"ough '..!!!.' LI'CJ".1'v~, g,~ ,n. Pl.lbUc;: ROcOliIi"O!' CcaUinr. C.OIl1lt.y. Flor.l.da.. ,,' " ........; ," , ' . ,'" .;.,', . .", ..~_~:.t:·~ ,~1'1¢t.~ ,11 r..~;:.:..~!..~'?; .~..: ..\i~1 , . 1. USS aa~nUC1'lot&S. a.) 'lhe nn.. ..y bV ..",,,.t t('\1: ,1..t,.,C:hod d,~1.o' ,,,";'1.11 ,~U.J.*"I ~I\lt.. o'nd fOlt no ~~MC' pU1:,~'<JI'll'I" 'r\) to"1I, UIQ8. bt.IhcU·"'11\ ...,. bot "rllcted vn 1:h~' 5-1'\11111., .""t no hu,"..WII" ....... 1:.10 ÇÓh<hICHt'CI i)I,· ...y'p1 ."t th..n:cC, _ IIwB any bv 1l,Uhq or 1")1' I: l.C'ln ttl"reoC ti<t ".04 Dr _int.ai_1l as a "-0(.,.111011,' I \.If t,iI:.,. ,1.) 'IIO~w1.t:r..t:a1l"U A\': tllu .1hovc· prø"i'.·1'n'.~' 't;tt... DtØC-"t.:'cAM" 1110)', ,il'l I t.Io\ tl\1k#J ..II.enrllcm',;, loOnllt Oft" or /IIÌ'f c' d..w .. ¡ ",' I 111 f II tu bò u ,,~d ' C'I r' Il1O In- t....1\Od ... A ,"h'lI ..frtcl!! o&' (or'·Mo\ht.L·'hO/ll... ~"Y .*h per1!\l.~nll"" ,"~I"t. Þ. obt-.ins!! frCfff. DY.CLAU"", I." '"d \. ¡.r",. . b.1 '.".1,-1(" andl )tllrt:'.~l ""~ IIh.U bCl llllCht:aPud,1HIUH ___. ....: hò ·iÞ9-. or OI £,C!"U ...h41 \ bII r-C'IIittÑ U\roU9h t1I4I.. p.u~.l.f Øc.,t for Minton.ricl! purlll',)"~'., ::. DUllJ)ftC '''''!!fACIe J,'o;f.S. ~IZls 0.' nuU.bu,oS. srn Rf:·S.'Ì'R1CfIOMt I\HIJ DU I U)lM!': "tttcU'r. II. r:o ,",\Of" 11 ¡, 11<1 UI'I U, '" "\.'11 i hi '11'1 "to.. \ 1 l..:· ~re\~ t.tlv "llh ¡ 1\ lIut CC'l1VOfinc,¡ Þut W.I."" ."t,II..¿" 11 I'oe " I i..1 rlronl: SITB li I\t.: - l'hlrt.y DO) "oot H. ) ,~I.I. 61'U: Hnll.1 DMJ StDJ'Y . SI!'IOt. ..nd an.-NiLe (7-1Î11 ~'¡.t ""'0 story - 't,U\ C 101 ,.....t. lll.. ~ar S¡T~ l1nv: - ~unty·'lv. la51 "out b.1 DIIIIU.in~ uni.t.. 1n ,Úoclc -Ì\-, 01. IJ.h5 4·th~c>~h.I."J. 1M 1".1",... .rMi !'.O t,hl'o\l9h S):, i.nC:1u.Lv., "wall COMALI. no~. ).e,,~ than two ..tlO\liilanct thuo 1,,/·,.\.rl'·1 (zs,QD) øqll4al.'. fovt .of HV1ß9 .,...... e.) 1\.11. atht!l.' ~lU.!lg unU. 8haU '~t..-.l.n nc>t·l...· than two thou..nd C20001 .qy.r~ t_O\ of 11vleq .1.'-.. 11.) The _"IMIIt of ".bri.inin<) IIq\lAt'. fout ;area' otpI"O,~11IJð buUcU...".. ·,nd .l:ilCtur.s rf :lIck'U~Qna .Ad e'\J.'I'~l'ít'$ th..ft.!lO. 1&1\1î1 ... 1;0 .JUh;.1.pl.y tho nut. '. hor.LaDntaJ. diJllfllla.iona'øf, the buUdlnc1 01' .truc:tIiC. .t ....dt! fluor lovol. oAr.,.... poretu.., patiO., . t..rr..,.. .,.4 ot.ht\r ,d.P1i1~r ~.,tf\letur.;.· Kflt! Ar..:> attaU nQt· bð talu,n 1I.W (ct:.~"Unt. \11 .::' J1atJ.nq th.! :1\1 ;.1"\1111 ~.r. root .r.. I'equ!lrud. 2 - ---.--.. " Sent ~y: CONROY,COLEMAN & HAZZARD' 239649B140' O'T/23·1'....····FRr 1"~~:ð. FAl··,94UUG.5t1!1. .. '. J.Ul-23-04 16:21 j Agenda Iterli'~ M.5 -:--. , .' "', .' ':::::'::Z::":"':"'::~':::':..::'.~ :::;:::;;:':.:;~~ :.: "". '~'~""~~~~:~~'~ ~~;<':.~.::·r~\·:::·~:"'::·:·:·~:~:_';';::~·\:d~'¥Y;.Jt.. f~~.~·~.;.:..:. :... ' . . . '. ' " .'. . .: ~ .' ': .. :A··i~..:..:.::~i~.:< ":(,.,,,"(:.,~..1:~;.L~~.:i¢.· ". ;~·:,g~¥~*~~~r:·r""·7'9·::;,:'\~':j ··tt::-:+I(:';:·~t··:· .' r::~~::~f'<r':;;~'~ <. " "":'1":'::'::; " I . .t)X::: . .'~~.t'" n_t oJ an;t eonu~~t'~~", t~·P:t¡)iÏ-~Üjfti·::Þí·:t~.. . :·~;:X GlMlMIí'" r.rJYIIaUI'\'8 ~n_ t_ ,.&'OYt...· ;01· thh· QaC1a:t.~Dt\ r . tt.e .'.::;¡.."t oà~ '..d",,/I tho rir;ht II8ð th'pDwar to rlJ.olvw- ·.n, ".uh. . ,', . cœU·ICI., 8114 lUI d~dd(1'/\ 1I~"1'1 be fink). .: ~-' :·······~/i~;·' 'j,.~". :,", . 3., ~.~, .. ":\'''''~; _·.:i,..... . . .:...... '~" .' '·i~·Q~~N1' ~Y. \~ u":;~~~·:4i~Þ;;t~n;.~1~1~~, ''''..18 :.:add,.~.- I:hl:iI 'Dote'l..ra·ti.II" ot,. ....,.,.·Plll[';..·t...~""'(.. ..:,~" poI!ie¥.fff. ._",,,,,,t., '-vC/.r, .ball btt· :U..U.ud·liO.iltll'1ó~..ø4-· Ut~tÏ~ OI".~h'J'9itM"'~ DC .~~.ai.t'ïi,.ti~i\;,.¡II'·- ",,,i¡-.lih.U: il'. .no 'rf"'1' P~I'o''''a: :~h4:I qOi\Otal IIÌ'Ið ~,~.t;ñ. p.....n crf 4e.o1.o~l\ti 'C'.\f~~~u.y .~~. fonn· he.n"~~~;"',¡:;~·,~l~i~~.:.·:: .' ':.',::: .t, DIIÇt.~I4I\'I'lON R1 t(S Nt'ÞI '('II! LAND:':. . . " , . . '. ':, .,' . . .,.... coYitu,,~.:~ can-eli·d,øn..·· n..tr tc t'lM.· :.~ . ~t_t'..pt.v~lo1.i. u.....t .thi. ,Þllçl_ndon IltioLl f"'" "itD tnll! hi,fI 'Iittct Ifhiil:t.k..· . pr~", wHh\n th"1I1!I1<ihborbaod .a4: ·....n .nVi-e t:á t~. _...itt. 01 ...be> el11ot_b1a by thcl Deel.,...., Por' <I tl rfil:.' of. t.bi:r-ty. (Jill YIIU.·þolll tM Ø1tto ehi. nllcl1à'Gt1on L.r-acordu\J.' 1Í'~'tO~ ~.htll' t:b.. '.... r.-røvb.íon. I""U llloItoN\lu1.1y ba QJtt8Me4 ·«'~'.fUe'- o...t.,. ,,....-1._ o,r tun ¡ LOI ¡-at·., An)' ti_ att..r t'l\O lnLU.J t.bb,_,·'UOI yeer pvrigd pt'Ø'V d..ð to!' 'Ln I:I\ÎII' liòctló'u,' U,......pro. ·vl#t.''''''Jbl r.e....1nOSiod or ~Ul~4 l.n,Whulo- u;' in·JlArt·br.:l:ha 1'WC%01'dii-t'ion.·or . written 1n.tr\l8lllnt a.,c\ltudb\' !;Ii~ ·t:.....·f' ··èMRBM8. of ' e;...e.~ti"bd. . (2/1 I at tho :>ITII9 .~rrndnlJ to t:....C!! tt't"Oin.·Uon 01' ,:..ifiélidoR. .... . . .111 .1.tIÌÞS ~,. CORAl, RI&!GS-tÖ1.Llll' l'MON1¡'1-n~S, ¡Me·,.... Pl'O~t... ~.t1.ón. do.1i horeby ..ecute Lh¡! ·Þl:l:!l"rn.iem óf, ' _.t~1etiOtl' and Ptftta<::t1.V4I Cuven.YIU 1n ! 1:11 naJllC:! by i-t.. Wtatirw' . .1~nd. ilut.horh-.d o[u'cltn ,)nd ..eUq.. Itll t:Ql'l (;r~to llain hÖr.tu·, tbu .2..7,,!!1...... d.~'t "f _:~.I!_._. \"'1. 4t,.£"_"'~. ~!~r:.~.; rl"~ (SML) ':OP/ú. Mloct::-C\jr.,¡,u,-i¡i:¡·'t\I)I·"rrru:s,· 1.Mr;.. . ...~ ÞV. ~ .......... -~,:c~· ~~~·7""· ~ ~ ~ _.. .. ·a.y.· . _,JI'.~...ry 'A>å.:. . -- ,..~~.:::... ..-?t.Ot' F.tÐal~ ) covamr cw-ø....Jt1> ) ""Il . . ~ . . ,... ·ta""'o1~ i.n.t.r-.....l1t It... IIcIL-lødqed:k~'rior~·me¡ t~i". . . .-..z.:lttt.:.'Y 'Óf .tIDl"L-o-' U1' Þy ROÜ 1>. ODL~~·.n.s. JL. ,.r.. w.eiii1rtlty;. ~",,~. 'Dd,~......t.ry, -¡e.ep.vt1wly, ,of CO'n,AJ..:"lDCIt"'COu.tn , ~aøfllfIBS. J~.. . Plorid. eo~~~.tLon, øn ,~h.ttur. th~ C!OrpDf.t.ion. _: P ~/j)· 'íd;"':~~' ::¡'~.:.~:.. ... .. . ...~ ~ l'-":.;,¡' .~ ............... ........... Mr, C:_iu.iøn· ßxj>ir".' .. '--!Wi »1~~1Mo ~J.::i~ ". ,..,.:... .. . . .. . ." .. . , . Agenda Item No. 7A January 11, 2005 Page 32 of 59 RECEIVED SoNIA M BRETZMANN J. MIæAEl. COLEMAN lOAa.o <:n:nJ:ŒÐ c.rvn. 1'JJ.AtlAW'U. 80MtI c;u.11fŒI) BUSINW lJnc^,""" LA....... J. THOMAS CONROY, ill BoA." cw-m.. Rw. EsrATE LAWY!Il KRIsTIN M CONROY MICHAEL A. DURANT LAWRENCE c.E. GAR.QA WIWAM J. HAzzARD MICHAEL L MIGlETn DAMIAN C. TAYLOR CONROY" COLEMAN ~ HAZZARD" PA. ATToRNEYS AT LAW POINCIANA PROFESSIONAL PARK 2640 GoLDEN GATE PARKWAY SmTE us NAPLES, FLORIDA 34105 (239) 6.49-5200 TELECOPŒR. (239) 6.49-8140 July 1,2004 Kay Deselem Collier County Department of Zoning and Land Development 2800 North Horseshoe Drive Naples, Florida 34104 Re: Collier County Variance Petition for Michael 1. Needham and Wendy B. Needham Dear Miss. Deselem: I am pleased to enclose correspondence I just received ITom the Pelican Bay Foundation confirming that they have no objection to the variance petition filed by Michael J. Needham and Wendy B. Needham. Should you desire any addition infonnation or documentation for the Needham's petition, please do not hesitate to give me a call. Very truly yours, CONROY, COLEMAN & HAZZARD, P.A. II,_A () GD-...r ~i~ . .. . Ene!. Cc: Michael and Wendy Needham F:\REAL ESTATE GROUP\Needham\Dese1em7.1.04.doc i I -' e e Agenda Item No, 7 A January 11 , 2005 Page 3}~ /Pelican ',,- / t' i Sa\¡ I....," <,.1 \ , ~} '.\ - '''''''') ~V .. PEUCAI\I SHAY Pelican Bay Foundation, Inc. June 30.2004 Mr. Michael A. Durant Conroy, Coleman & Hazzard. P.A. Poinciana Professional Park 2640 Golden Gate Parkway -Suite 115 Naples. Florida 34105 I Re: Collier County Variance Petition for Michael J. Needham and Wendy B. Needham Dear Mr. Durant. The Foundation is in receipt of the variance petition. filed with Collier County on behalf of the Needhams. Although WCI communities filed an Amendment to Declaration of, Restriction for the Protective Covenants for Pelican Bay Woods; the Foundation has been assigned the enforcement and review rights for all exterior alterations by WC!. Therefore, the Foundation is responsible for reviewing all exterior alterations for compliance with the neighborhood documents, prior to the proposed modifications being submitted to Collier County. Having stated the above, the variance petition has been reviewed, the Foundation has no opposition to the granting of this variance based on the 'following; ~ The reduction of the setback fÌ'om 9'0" to 9.2" (tapering) at the southwest comer is within the 8' setback required for Site 7, Block A in Pelican Bay Unit oñe, as recorded in Plat Book 12, Pages 47, through 52. This reduction was Recorded in OR 2104. PG 2084 through an Amendment to Declaration of Restriction and Protective Covenants for Pelican Bay Woods. ~ In addition, correspondence fÌ'om Collier County and pertinent utilities regarding no objection to the encroachment into the 10' utility easement reflects no impact to the utilities on this site. Pelican Bay Foundation, Inc.· 6251 Pelican Bay Boulevard. Naples, Florida 34108 (239) 597-8081· (239) 597-6802 FAX· E-Mail: memberservices@pelicanbay.org e e Agenda Item NO.7 A January 11, 2005 Page 34 of 59 Mr. Michael Durant June 30, 2004 Page Two As outlined in the Amendment filed by WCI, it was the developers' intent to reduce the setback requirements from 15' (for pool enclosures) to 8' for this particular site. The Foundation appreciates your participation in the design review process, and if upon receipt of this correspondence you have any comments or questions, please contact me.. Sincerely, ~ . A~\... MireY~li, Director Covenant Enforcement Cc: Michael and Wendy Needham Agenda Item No. 7 A January 11, 2005 Page 35 of 59 So~ M BRETZMANN J. MIOiAEl. COLEMAN BOAAI> C!>.T1FJEI) CIvIL T",^, !.JInß 110.." C!mr1m _ lmGATION L^,"", J. THOMAS CoNROY, III BOAAI> CW1RID RuJ. !sTAn LAwno. KR1sTIN M CONROY MIaiAEL A DURANT LAWRENCE CE GARaA WIWAM J. HAzzARD MIaiAEL L MICHETI1 DAMIAN C. TAYLOR CONROY" COLEMAN S HAZZARD" PA. AlIORNEYS AT LAW POINCIANA PROFESSIONAl PARK 2640 GoLDEN GATE PARKWAY SUITE 115 NAPLES, FLORIDA 34105 (239) 649·5200 TELfCOP]ER. (239) 649·8140 March 17,2004' Kay Deselem Collier County Department of Zoning and Land Development 2800 North Horseshoe Drive Naples, Florida 34104 Re: Needham / Griffin /720 Bay Tree Court Dear Kay: Enclosed please find the following documents for the above referenced matter: 1. Amendment to Declaration of Restrictions and Protective Covenants for Pelican Bay Woods. 2. Letter from Collier County allowing the encroachment. 3. Boundary Survey with highlighted area of question. If you have any questions or need additional documentation, please do not ... hesitate to call. Very truly yours, RECEIVED MAR f 7 2DOIt EncIs. N:\Needham\Dese1em, Kay.3.17.04.doc Agenda It!::.m NO.7 A January'11,2005 Page 36 of 59 .. PEUCA.I\I ·eBAY RECEIVED Pelican #~ §qy ,#3.4.~..-:_ ~~ '\. '-, ,r-, ~,,-...\, ,/ ,1¡...,~¡1,;.. /~:I ¡~.:. / ~'-" '. :.- . -'" "'--- _._----.../ Jlf ;.,~ 2 : 2Ü'û!t Pelican Bay Foundation, Inc. June 16,2004 Mr. Michael J. Needham 720 Bay Tree Court Naples, Florida 34108 Dear Mr. Needham, The Foundation recently received correspondence (copy attached) from Collier County regarding your intent to obtain a variance (Petition#V A-2004-AR-5878) from Pelican Bay's Planned Unit Development. Specifically, the request is for a 7-foot variance from the required 15-foot rear setback, to allow for an 8-foot setback to expand an existing screen enclosure. Please note that under the General Declaration and Protective Covenants for Pelican Bay, Sliction 3.25 Subdivision and Regulation of Land ( c ) states: "An Owner shall not inaugurate or implement any variation from, modification or, or amendment of the PUD or any other governmental plans, land development regulations, development orders or development permits applicable to Pelican Bay, to the Properties, or to. any Plot, without the prior written approval of the Declarant, which approval may be denied at the sole discretion of the Declarant;" The declarant in this instance is WCI, who has assigned all enforcement and amendment rights not only for the General Declaration and Protective Covenants, but also for all Neighborhood Documents to the Foundation. As such, the Foundation is the entity who should have received the variance petition, for review and approval, prior to it being submitted to Collier County. It is hereby requested, adherence to the General Declaration and Protective Covenants and submission of the entire variance package to the Foundation within fifteen days from receipt of this correspondence. Submission of the data does not infer tbat the Foundation will approve the variance, merely that it will be reviewed. If upon receipt of this correspondence, you have any comments or questions, please contact me. Sincerely, ~ ~\.. Mire~li Covenant Enforcement Director , i I _i Enclosures: Section 3.25 - Subdivision and Regulation of Land Cc: Kay Deselem, AICP - Principal Planner Pelican Bay Foundation, Inc.. 6251 Pelican Bay Boulevard · Naples. Florida 34108 (239) 597-8081 . (239) 597-6802 FAX· E-Mail: memberservices@pelicanbay.org ';~ . 2897121. 1(Ij~~~~~fJt 1959 RBCORDID ill OlUCIAL RlC~tOf3~J!J9 COURTY, FL 12/06/2001 at 03:31PK DWIGHT B. BROCI, CLERK R.BC lBl ··~.C COPUS .0 Retn: CBB"Y PASSIOOKO !! AL 821 FIlTH Ail S 1201 RAPLlS PL 3U02 AMENDED AND RESTATED DECLARATION AND GENERAL PROTECTIVE COVENANTS FOR PELICAN BAY Substantial changes have been made to. this Declaratian and General Pratective C 0. ven an ts for Pelican Bay. Refer to. the Declaratian and General Pratective Caven ants recorded in Official Recards Baak 825, pages 1755, et seq., af the public recards af Callier Caunty, Flarida, and all amendments t/zereta,for the ariginal text. Prepared By: Lisa H. Barnett Chefry Passidomo Wilson & Johnson 821 Fifth Avenue South, Suite 20 I Naples, Florida 34102 ORtg~~3Ö1~~'o~7 3 Page '3~ of 5Y' ,....-. (c) No Plot shall be increased in size by filling in any water or retention and drainage areas that have been or may be created by easement without the prior written consent of the Declarant and P.B.S.D. 3.22 Nuisances. Nothing mayor shall be done which may be or may become an annoyance or nuisance to any Person or to a Neighborhood. No obnoxious, unpleasant or offensive activity shall be carried on, nor may anything be done, which can be reasonably construed to constitute a nuisance, public or private in nature. 3.23 The Declarant's and the Foundation's Exculpation. The Declarant and/or the Foundation, as the case may be, may grant, withhold or deny its pennission or approval in any instance where its pennission or approval is pennitted or required without any liability of any nature or kind to Owner or any. other Person for any reason whatsoever, and any permission or approval granted shall be binding upon all Persons. 3.24. Owner and Member Compliance. (a) The protective covenants, conditions, restrictions and other provisions of this Declaration shall apply not only to Owners, Members and Persons to whom a Member has delegated his right of use in and to the Foundation Common Area, but also to any other Person oëcupying an Owner's Plot under lease from the Owner or by pennission or invitation of the Owner or his tenants, expressed or implied, licensees, invitees or guests. (b) Failure of an Owner to notify any Person of the existence of the covenants, conditions, restrictions, and other provisions of this Declaration shall not in any way act to limit or divest the right of the Foundation of enforcement of these provisions and, in addition, the Owner shall be responsible for any and all violations of these provisions by his tenants, delegatees, licensees, invitees or guests and by guests, licensees, invitees of his tenants at any time. 3.25 Subdivision and Regulation of Land. (a) No Plot shall be divided or subdivided without the express written consent of Declarant, who may impose certain requirements on Owner to comply with the provisions of the PUD. Declarant shall assign the number of Dwelling Units for each Plot, and the number of Dwelling Units assigned to each Plot shall not be increased by any Owner and shall not be exceeded without the prior express written approval of Declarant, which approvals may be denied at the sole discretion of Dec1arant. (b) No covenant, conditions, restriction or other provision of this Declaration shall be construed as in any manner limiting or preventing any Plot, and the improvements thereon, from being submitted to a plan of condominium ownership, and particularly a condominium shall not be construed as constituting a subdivision of any Plot provided that the number of Property Units of the condominium is not greater than the number of Property Units assigned to the Plot. Page 13 ~en~~~e.B; No. 7 A Ul{ ~a'~t1e31~~19 7 4 (c) An Owner shall not inaugurate or implement any variation from, modification to, or amendment of the PUD or any other governmental plans, land development regulations, development orders or development permits applicable to Pelican Bay, to the Properties, or to .. any Plot, without the prior written approval of Declarant, which approval may be denied at the sole discretion ofDec1arant. 3.26 Leasing. Unless otherwise provided by Neighborhood Covenants, no single family dwelling shall be leased more than two times per calendar year and no single family dwelling shall be used or sold on a time share basis. 3.27 Commercial Activities and Business Use. An Owner or occupant residing in a residential unit may conduct business activities within the residence so long as: (i) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the residence~ (ii) the business activity conforms to all zoning requirements for the Plot and all applicable county ordinances; (iii) the business activity does not involve persons coming onto the Plot who do not reside in the Plot or door-to-door solicitation of other residents of the Plot; and (iv) the business activity is consistent with the residential character of the Plot and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Plot as may be determined in the sole discretion of the Board. ARTICLE 4 - PROPERTY RIGHTS AND FOUNDATION COMMON AREA 4.01. Members Rights and Easements (a) Every Member or its assignee, shall have a right and easement of enjoyment and use in and to the Foundation Common Area, which right and easement shall be appurtenant to and shall pass with the title to every Plot, subject to: (i) the right of the Foundation to charge reasonable admission and other fees for the use of any Foundation Common Area; (ii) the right of the Foundation to suspend a Member's right to vote, and a Member's right to the use of Foundation Common Area, for any period during which any regular or special assessment or any other obligation of the Member to the Foundation remains unpaid in excess of 90 days; (iii) the right of the Foundation to levy fines and suspend a Member's right to vote, and the rights of a Member, Member's tenant, guests, or invitees, or both, to use the Foundation Common Areas for a reasonable period of time after any infraction of the Foundation's rules and regulations or violation of the Governing Documents, all in accordance with Section 4.01 (b). (iv) the right of the Foundation to dedicate or transfer all or any part of the Foundation Common Area to any governmental agency, public authority, or utility; Page 14 '1- I· Agenda Item NO.7 A January 11 , 2005 Page 40 of 59 . . 1980560 OR: 2104 PG: 2084 UCODID 111 o!ncw. IICOIDI of cc:wu camt. n 1D/O¡1I5 It 07:.11U DIIGI'f I. BIOCI, CLlII Be m 10.50 'npand "y U\4 J:.~\1rø 1;0: IlLcbU't1 D. Yovaftovlcb Yoq. van Jt....nårp I Varnat1ce, '.It.. 801 La~.l Oak D~L.., SQlte 300 ..pl.., FL 33'63-~711 let!!: !OElG 1ADSsmm It C. P 0 101 nn WLlS n mu UBIIDIØft '1'0 DBCIoa.I1.AfJ::tOll OF ...DlœXCDlI aJm PJtO'IBC:'I!:tVB C04&Iut.W'J:S :1'0& Pr:r.%caJr _'I' WOODS 'l'his Amendment to Declaration mad. this '"'2.0 4ay of oS:.E.PT: . 1995 Þy WCI C01lUl1unitie. Limited par:t:nerahip, . Del.aware:: limited. partn.r.hip, SUCCliae.or to Coral Rid.ge - Collier Propaz::1;ie.. Inc. ("Declarant"). WIT . B S 8 B T B: .~\ WJlDD8, Coral RicSc¡e - collier Propertie., :tnc., . F10rida corporation recorðe4 a Dec::larat.lon of Restrictions and. ÞrO'tec:t:iv. Covenants for Pelican Bay Woods which was recordect in Ofeic1al . Records Book 825, Page 1789, Public Records of COllier COUDty, Floriela imposing certain rutrict.ions on all of Block "A", all of Block "8", all of Parcel "X", and all at Parcel "Lit in Pelican Bay Unit. One .. recorded in Plat Book 12, pag.. 47 'through 52, inclusive, of the Public Records of collier County, Fl.orida ("Declaration"). WBBRDJI, HCX c:02lUlI\¡n1ties Limited Part:.nerahip 1& the aucc::es.or to the Coral Rid.ge - Collier Properti.., l~c. undar the Declarat~on and is currently the Declarant utad.er the Declaration; an4 WJIBJ\D..8, the Declaration provides that the DeoJ.arant can, in its sole discretion, modify, amend, waive or ad4 to t.he Declaration or any part thereot'. .01# IBBREPORB, WCI Communities Limited Partnership. amenð. the Declaration .a tollows: 1. Article II, Section 2t is amended to include the followinq sentence: The setback set forth in tbis section 8hall be 8 feet :for . site 7, Block A in Pel!c::an Bay Unit One .. recorded in Plat Book 12, Pages: 47 through 52, inclusive, of the Public Records of Collier county I FlorlcSa. 2. Except. as amended herein, the rema1ninq 'terms and condition of tbe Declaration shall remain in full force anð e~fect. Agenda Item No. 7A January 11, 2005 Page 41 of 59 t*tOR~ 2104 PG~ 2085 tit ~ III WInES8 nalOl', weI C01IImunit1.. Limited Partnership, II Delaware limited partnership, doe. h.ereby execute1:hu Amendment to Declaration of Restrictions and Protective Covenant. for Pelican Bay Woods in its name by ita q.neral partner. WITNESSES: WCI COIOlUN'IT:rBS IoDaTED PAR'l'NERSHIP . a Delaware liaited partnership ~JvQ.!{~t7"~1 ~=:;h::~ 9 -zI."1".- ~ Name )+. "1U.Çj F~ . -;/ /,/Ä." By .,' ..../... /!f... ~ - ' Its: Sea.¿r Vi.~~)r.aident Loui.s B. BoeRaCed Printed Na1De Jl\ P It''>1 , ') I A. Printed Nama STATE OF FLORID& COUNTY OF COLLI.R The foregoinq instrument was acknowledJjed before.. this 20th day of Septem5er ,1995 , by I.oui. B.. Boe~ted , as Senior V1.ce Pres. of ~ ~'lft1t1.e8 L1JI:L lartDersbi:ø , II Del.a1rare 11m1ted part:uers P , on behalf of the perm.reh1.p Who 1. personally known to 1Da 'D%"'"tmr .."'..c1.......d. es identification. (Affix Seal) ( ,,:, . r I ~-'-Î' 'r'o \. (i'~' . \ } ~ ( ~ I . ¡ ,\, { I , {, \. .~ Siqnature ot Pai-soh \'1'akinq Ac:Jaiovl ént Laurel Y. Sittèrlv \ . Name ot Acknowledger 'l'ypeQ,pr1nte4 or St&1ZIpeå .~~ Public Title or Rank Comaission Number My coøissian expire$: . Y.IIT18IL~ 1I'f1ØlilllØt' œSlØl' '!: . 1IINIS:-.rD,'. . ..... ,....,........-. 00600II1'1" -2- Agenda Item No. 7 A January 11, 2005 Page 42 of 59 JANE YEAGER GHEFFY ATTORNEY AT LAW SUITE 310 2375 TA.MIAMl TRAIL NORTH N.APLBS, FLORIDA 34103-4439 UCENSED TO PRACTICE IN FLORIDA & OIDO TELEP1l0NE (941) eðC-U30 FACSIMILE (941) eð3-3627 jycheftY@worldnet.att.Dat HEATHER GII.CHRIST, OF COtmSEL UGENSED TO PRACTICE IN FLORIDA. II.UNOIS, INDlAJ"A 8< OHIO March 24, 2003 Conroy, Coleman & Hazzard, P .A. .Attn: Michael A. Durant, Esq. 2640 Golden Gate Parkway, Suite #115 Naples, FL. 34105 Re: Needham Easement Encroachment Site 7, Block A, Pelican Bay, Unit One Dear Mr. Durant: Enclosed are the original consent letters from Collier County, Comcast, Sprint and Florida Power & Light Company confIrming that there are no objections to the pool cage encroachment as shown on the attached legal description and sketch prepared by Carol E. Nelson, P.A. I believe that these consents provide your client with the protection required for the conûnued encroachment of the pool cage. Should you have questions or need anything further to conclude this matter, please don't hesitate to call. Sincerely yours, ~'ß)~ Jane Yeager Cheffy lYC/pl Enclosures -I '.. Agenda Item No. 7 A January 11 , 2005 Page 43 of 59 . COILJER COUN1Y PUBLIC UTILITIES ENGINEERING DEPARTMENT 3301 E. Tamiami Trail · Naples, Florida 34112 · (239) 530-5335 · FAX (239) 530-5378 March 13. 2003 Jane Yeager Cheffy, Esquire 2375 Tamiami Trail North Naples, Florida 34103 Re: Utility Easement Encroachment 720 Bay Tree Ct., Pelican Bay, Unit One, Site 7, Block A Dear Ms. Cheffy: Upon review of the attached legal description and sketch, please be advised that the Collier County Utility Division has no objection to the encroachment of the strUcture as shown on the attached sketch. . If you should have any further questions, please contact me at (239) 530-5341. Very Truly Yours, d:fi~ Senior Project Manager c o (~~ e .,. c o .. ;>' . ........ Agenda Item No. 7A January i 1 , 2005 Page 44 of 59 . " LEGAL DESCRIPTION A portion of Site 7, Block A, Pelican Bay, Unit One, recorded in Plat Book 12 pages 47 through 52 of the Public Records of Collier County, Florida, being more particularly descnòed as ' follows: Coxnrnencing at the Southwesterly corner of Site 7, Block A, Pelican Bay, Unit One,. recorded in Plat Book 12, pages 47 through 52 of the Public Records of Collier County, Flòrida and nui N23042'34"W, along the westerly proPerty line of said Site 7, for 48.76 feet; thence run N66°17'26"E for 8.48 feet to the P01NTOF BEGINNING; thence run N20041'33''W for 28.92 feet to the intersection with the 10 foot easement line; thence rwi S23°42'34"E along said easement line for 28.96 feet; thence run S69°1S'27"W for 1.52 feet to the Point ofBeginnìng, containing 22 square feet more or less. ' Prep~, by: 'M.." ," 2/ . : I 'tfi? ' 7/~/ ,,' . , Cc::>.. ,'/0..3 Carol E:Ne1såµ,PLS Flonda'Reg. ~~. ~013 330 Wilsòn Bòulevard South Naples, Floridà '34117 Date: Feb.ß, 2003 ¡r--" .. '- SKETCH OF LEGAL DESCRIPTION PELICAN SAY, UNIT ONE SITE 7, BLOCK A SITE 8 " SITE 7 BLOCK A ADDfeESS or /'ROF'f:RTr, 720 ßA Y TREE C()l.JRT I"OC - I"ONT or c~ 1"01' - PONT or tJeGl'HiG '" \ ~ ~ ~. ~ JI>. ~ ~ .~ (11. '. 5_ - --- \ ' \ \ Þr~ "-t. ~. . '}.'õ ~1 \~'ël:J , "- '--- ~ -- I I ( \ \ DETAIL \ SITE 6 I I ~\ P.O.B. / ~ ~~ o. ~ \ ç:. ~\ / :y/ \'-- P. O. C. \ SOUTHWESTERLY CORNER OF' SITE 7, \ BLOCK A, PELICAN BAY, UNIT ONE \ \ THIS IS NOT A SURVEY. CLIENT: ': -: :: : :'-:.:~';'.. 0 . ,\\:,~:~~~i~:j:~~~:~o::~ ; .....·..;.01 ~OA.1.12:¡...¡,., ..' ~.. ..-..~.'.. "'7 \ ./ ~~ /..:.~, }~:~..~.. ,p '.::'. . ~ : ....;··'1"./_0 ',("\'. : .c:-v:.t~ 0 ..,. ':;C . . .¿j., ~.-éf(¡ ~ 3 ~, , ~~ ¡ BY: . ~l~,~·o~j CAROL E. NElSON'-, 'f:r¡",..Z.~~o:......~'~ .... y" , ·,,~'~~~Åè-G,S·~~.·4~ FLORIDA REG. NO. 501~ :~~' i"",,,,,,,," , " :,';:......:.'.~!-:. ;r'o, . .0. MICHAEL and WENDY NEEDHAM JANE CHEFFEY, ATTORNEY CAROL E. NElSON. ·P:x...'!Ji~)'" " PROFESSIONAL LAND SURVEYOR., ',. 330 1ffiSON BOULEVARD SOUTH ¡ '..i·.: NAPLES~ FI.,OR!DA 34117 239) 304-0055 SCALE: DATE: 1-=30.0' Feb. 2003 CHK. BY: C.E.N. D1fG. FILE: 02184 SHEET 1 0: Agenda Item No. 7 A V A-2004-AR-5878nuary 11, 2005 PROJECT # 20040ióWJt6 of 59 DATE: 5/5/2004 KAYDESELEM VARIANCE PETITION N--Sro å PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST Date: 3-25-oc.f. Time: 3 ',0'0 Planner: .-KAY DEe..;: I Þ:fo.1 Project Name: ~ EEÞ,-\Àt'-'\ V A2.1.w...1c.E . Project AddrlLocation: ~? (') ~-::1 ~ ~'t..1;Ccue..\ ApplicantName: JY\I d~Q.e.\· A ,:bLAr.ant _Phone: SOtb-'13Q ~ Firm: . COt-jfuy, (otÞ:1).Að....1 f." \AA;r?^ef)~A. . ...1 Type ofPetition:VAQ \~ .DIMa.9~Current Zoning: Owner Name: tv\ \clrn." \.$ W udy_N ~ad.V'\r\YV1. Owner Address: .s~ Phone: Meeting Attendees: SUBMITTAL REQUIREMENTS: . 8' 15 copies of completed Application Ì)OW~LOA.p c\J~ A.PPuc..A"Ttt:>t-...j ;E'1 Addressing Checklist signed by Addressing Dept rgc\-\ 'ÑE:ßS \~ g Pre-application meeting notes ::BJ 15 copies of Conceptual Site Plan 24" X 36" plus (one 8 ~ X 11 copy) --':ShOLlVIV1Q ~ Completed Owner/Agent Affidavits, Notarized evknol o-'P ~ 2 copies of Deed. . e(\c.rcn \n~ .-3 2 copies of List identifying Owner & all parties of corporation .' c. ':3 Location map 'R1 5 copies of Aerial Photograph (taken within the previous 12 months) 1 - --.-- ~A 4 copies of EIS or EIS waiver A 4 copies of TIS IA 4 copies of Utility Provisions Statement with sketches ~ Electonic copy of all documents and plans (CDROM or Diskette) ALL CoPIE.S I1iJ A- Historical Surveyor waiver request ~ Property Owner Advisory Letter and Certification CAW..- ~y LATE:µ.. Foi2- 'DCl"Ä ~ ~ Pre-application Fee $500.00 (to be credited toward application fee below) Agenda Item No. 7 A January 11, 2005 Page 47 of 59 Review Fees: M $2000.00 ,Jim- $5000.00 ~ $681.00 -{S $205.00 Residential Non-Residential Estimated Legal Advertising Fee - CCPC Meeting Estimated Legal Advertising Fee - BCC Meeting (any over- or under-payment will be reconciled upon receipt of Invoice from Naples Dailey News). pEr C-u r(U1 Se. f~ sJd Æitfr$1600.00 EIS Review OTHER REQUIREMENTS: o CO?\, O"f- \''Ð?-T\~D-.J\ ~\J\) ~\-\B--.J\ o o o NOTES: LIr1ðn ~ cevJd ¥'lot C\.~~1íL S~~mil~ r.\, ~c\ú r- Qf- \ (\4-, ~ T '? \DU\~c\ '~ -\0 a:.q{ A.-ct-- Agent/Owner Signature Date: 2 <:(lDer.> !,--OlD ........... ,0 "l- oN 0 . "00 Ë;:<:t - Q) >- ( ,) Q) _1-0) -CCCC C CC;:)o... ~ >- "DC: C:CC 0 ( ,), '.;:I e> OJ () æ <:( U) .~ I ~ U) Õ \[)- CÞ u ... . @) 0/~ "tS "tS E I êØ &U Q) ~ 0 - Q) .- VI &U Q) E -c I .9: w ... CD e» .c Z E - ¡Q ~ - :::I 0- ~ I- z N cJ> - 1&1 Q) - 1&1 Iii c N . 0 õ:" 1&1 .J:. ~ Z :c a.. 0 . - Z = - Z 3: U ø ( ) - '> - . ( ) ..I CD a::: I. E - c I. &U Q) -F z E en a. 1&1 U) 0 a= Q) Q) c > L .¡ Q) 0 :::I -c ('II OJ c: ~ ~ 0 Co ...J CD oð "Ö C Q) II! - c: 'S; c 'ë ! 0 0 0 .- N ~ U) - V). .S: w 1 Õ 0 .J: U <n .5 s:: .2' UI Q) f .... :: ~ Z So ~.~ E 1!. Q) t 0 Q) 20:: on CD Q) So E 0 La; &U >- Z 0 ~ .~ . .. . .- martin c Agenda Item No. 7 A January 11, 2005 Page 49 of 59 Subject: Location: Pre-app variance Michael Durant, Agent Kay Deselem, Planner cds-c Start: End: Thu 3/25/2004 3:00 PM Thu 3/25/20044:00 PM Recurrence: (none) Meeting Status: Meeting organizer Required Attendees: DeselemKay; bedtelyon_l; houldsworthJ; wiley-r Pre-app Variance - Michael Durant, 649-5200, representing Michael and Wendy Needham, requesting a variance of the rear yard setback on their property from the existing 15 feet to 8 feet (which is consistent with the Declaration for the Pelican Bay Woods SID) or 9 feet (which is the actual amount necessary). We filed for the variance last week and were contacted today and referred to begin the process with this department, Additionally, I was informed that in 2002 apparently the previous owners had a Pre-App conference with Kay Deselem. It is unclear the purpose or result of the . meeting, but I am confident that it dealt with a similar request. Subsequent to that meeting, we were provided with a letter agreement from the county that stated the existing 9 foot encroachment was not objectionable. The property address is 720 Bay Tree Court. Note: Drainage easement is involved for this variance. V A-2004-AR-5878 PROJECT # 2004040038 DATE: 5/5/2004 KAY DESELEM 1 Agenda Item No. 7 A January 11, 2005 Page 50 of 59 Ross P. Obley 802 Slash Pine Court - Naples, Florida 34108 (239) 591-1802 - FAX (239) 591-2423 E-mail: rossgolfs@ao1.com RECEIVED AUG 2 4 ?nfld ZONING DEPARTMENT August 20, 2004 Department of Zoning & Land Development Collier Government Center 3301 East Tamiami Trait Naples, Florida RE: Petition V A-2004-AR-5878 Sirs: It is disappointing that the applicant chose to "continue" subject application until 9/16/04 when I will be unable to testify. 1 had signed in to speak at the 8/19/04 publicized "public hearing". If permitted to testify, the points I would have attempted to make are: · I was the President of the Westinghouse subsidiaries responsible for tbe initial development of Pelican Bay, Pelican Landing and Gateway. · The Pelican Bay community was planned and engineered by the best in our area (Wilson Miller, Hole Montez and Post Buckley). · The detail lot plans for Pelican Bay were reviewed and approved by a "five star" group from the Urban Land Institute. by the SW Florida Regional Planning Council, and by Collier County. · Lot design criteria included marketability, consistency with community, appropriateness with neighbors and safety. · This proposed setback change fails on all issues: _ It would be the first deviation from standard in the single family area of Pelican Bay. _ It would be detrimental to the adjoining houses by cutting into their view, to the golf club property, and to other properties along Pelican Bay Hole #4. Bay Tree Court continues in a straight line with Buttonbush Lane alone tbe golf course, so any change on Bay Tree would impact about a dozen homes along Hole #4. Agenda Item NO.7 A January 11, 2005 Page 51 of 59 Page 2 - Dept. of Zoning & Land Development Safety issues. AU design setbacks near the golf course included a consideration of a golf ban as an unguided and potentially deadly missile. Why would anyone want to have goU balls intrude into their lives? In summary, Pelican Bay has been a great success. Let's keep it that way. This proposed change to the Pelican Bay Community plan needs to be rejected. Respectfully, cc: Russell Budd, Chairman - Collier County Planning Commission Mr. & Mrs. Michael Needham, Applicant George Wemer 712 Heathery Lane Naples, FL 34108 239-591-2171 ~wWadie~~._7A ~~Jf-a~~~~g~ RECEIVED AUG 2 6 2004 ZONING DEPARTMENT August 23, 2004 Department of Zoning and Land Development Collier County Government Center 330 I East Tamiami Trail Naples, FL 34112 Re: Petition V A-2004-AR-5878 Gentlemen: As a resident of Pelican Bay and a member of the golf club I wish to register my objection to this petition requesting a reduction in the rear setback by 47%. My position is that granting the variance would be detrimental to the aesthetics of both the neighborhood and the golf course. The variance may also set a precedent for the adjoining homes. If one neighbor is allowed to move his screen enclosure back by 7 feet, won't the adjoining homeowners want to move their enclosures back to keep their views unobstructed? The attorney representing the petitioner will probably state that there are no objections from adjoining property owners. I think a more relevant factor would be how many neighbors support the variance. I attended the Planning Commission meeting on August 19th to register my objection, but the item was continued to September 16th. I don't know if! will be able to attend that meeting, but I trust that my objection will be shared with the Commission. Thank you for your consideration. ÃcerelY~~ ~werner September7,2004 Agenda Item No. 7 A January 11, 2005 Page 53 of 59 RECEIVED SEP 1 4: 2004 ZONING DEPARTMENT Department of Zoning and Land Development Collier County Government Center 3301 East Tamiami Trail Naples, FL. 34112 Re: Petition V A-2004-AR-5878 - ----- Gentlemen: The Club Pelican Bay objects to the proposed change to the Pelican Bay Community Plan. The original plan had been well thought out as was established for good sound reasons. Safety was the primary reason behind most of the guidelines, the safety of the homeowners. This particular property is adjacent to hole #4 on the Club course which is the #1 stroke hole on that nine, meaning is the most difficult. The hole has water running down the right side fÌ'om the tee to the green, which encourages players to keep their ball to the left. All of the houses that abut this hole are on the left side. Any variance in the set back would in our opinion create a potentially dangerous situation for those homeowners. One of the other reasons for the set backs were to insure that none of the homes would block the views of the golf course fÌ'om any of their neighbors. Since most of the homes have screen enclosures around their pool, the proposed variance would jeopardize this issue. It is for these reasons that we object to any variance of the set backs plus it would set a potentially dangerous precedence in our opinion. Jay C. Levitt Chairman, Course & Greens Committee THE CLUB PELICAN BAY 707 GULF PARK DRIVE· NAPLES, FLORIDA 34108 . (239) 597·1183 . FAX (239) 597·7091 Agenda Item No.7 A January 11, 2005 Page 54 of 59 RECEIVED SEP 1 4 2004 ZONING DEPARTMENT September 8. 2004 Department of Zoning and Land Development Collier County Government Center 3301 East Tamiami Trail Naples, FL. 34112 Re: Petition V A-2004-AR-5878 Gentlemen: As Director of Golf Course Operations for The Club Pelican Bay, I must object to the proposed variance, which would let the applicant extended their screened lanai closer to the golf course. My office receives several phone calls each week from homeowners, condominiums, etc., which border the golf course. Calls are of a wide variety, which include golfers trespassing, errant golf shots, mower noise. debris. and golf course landscape issues. If this variance is allowed it can intensify the situation for this homeowner and others who may want to amend current set backs. Sincerely, Robert R. Bit1Der, CGCS Director of Golf Course Operations THE CLUB PELICAN BAY 707 GULF PARK DRIVE. NAPLES. FLORIDA 34108· (239) 597-1183· FAX (239) 597·7091 Agenda Item No. 7 A January 11, 2005 Page 55 of 59 RESOLUTION NO. 05- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY RELATING TO PETITION NUMBER V A-2004-AR-5878, FOR A 7-FOOT VARIANCE IN THE PELICAN BAY PUD ZONING DISTRlCT FROM THE REQUIRED IS-FOOT REAR SETBACK TO ALLOW AN 8-FOOT SETBACK TO EXTEND AN EXISTING SCREEN ENCLOSURE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to estab1ish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the pub1ic; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004-41, as amended), which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 7-fuot variance from the required IS-foot rear setback to allow an 8-foot setback to extend an existing screen enclosure as shown on the attached boundary survey, Exhibit "A", in the Pelican Bay PUD Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 Zoning Regulations of said Land Development Code for the unincorporated aIea of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this. Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The Petition, V A-2004-AR-5878, filed by Michael A. Durant of Conroy, Coleman and Hazzard, P.A., representing Michael J. Needham and Wendy B. Needham, with respect to the property hereinafter described as: Site 7, Block A, PeHcan Bay Unit One, recorded in Plat Book 12, pages 47 through 52 of the Public Records of Collier County Florida. be and the same hereby is approved for a 7-fuot variance in the Pelican Bay PUD Zoning District from the required IS-foot rear setback, to allow an 8-foot setback, to extend an existing screen enclosure as shown on the attached boundary survey identified as Exhibit "A". Page 1 of2 Agenda Item No. 7 A January 11, 2005 Page 56 of 59 BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-2004- AR-5878 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,'2005. A TrEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: CHAIRMAN Approved as to Fonn and Legal Sufficiency: Marjorie M. Student Assistant County Attorney V A-2004-AR-5878IKD/sp Exhibit A: Boundary Survey, stamped received May 5, 2004 Page 2 of 2 Scale: _1" = 30' Project No. PB1S07BA F8 Na. 046 P. 8; NOT VAUD UNLESS Job No. ..Q.2184 _ EMBOSSED WITH SEAL COPYRIGHT 2002 BY CAROL E. NELSON, P.A.. AU RIGHTS RESERVED. \ \ \ FOUND \ 5/B ROO LB 3964 \ 2' O/S ~RVE C1 LEGEND /ABBREVlA TlONS o SET IRON PI^' W/CAP /501J 8. FND. NAIL Atom TIN TAB o FNO. CONC. MON. o FHO. IRON PI'" . BENCH ~ARJ( '"Q, POI>£R POL[ o IIflL C ., CALCULA 1'£0 AI - UéASVR£O P - PLAT, Ð ~ DEED , - CENTERLINE DE - ORA/HACC EASEMENT u£ - unurr £.Þ!.ïrlJ£NT A/C - AIR CONtY T70NER Mf,I - WATF:R It/OFR ce - CATCH BASIN MH - MANHOLE PC ... POOL £OUJJ~M£NT CONC ... CONCRE'F urs - UTTL/TJ£S roB .... TOP OF .9A.NK April 12. 2002 Dote af SUI'vey. -- Update 2/19/04 BOlJNDARY SURVEY SITE 8 \ I I I FH ~r'- Agendf! em 0 J~u ry 11, 15$~ ge 5 .... r:.'<: f.. if ''r ~ iè~/f5 &~ G FOUND CONTROL POINT \ \ \ \ \ \ \ \ SITE 6 V A-2004-AR-5878 PROJECT # 2004040038 DATE: 5/5.'2004 KAY DESELEM RAD US ,3ï:::>o' CHORD I BEARING I 80.96' SOO'35'51"W DELTA 3 35"59'57' LENGTH 82.31' THI:. SVR~ IS PREPARED FOR: MICHAfl J. NEEDHAM and WENDY 8. NEEDHAM CONROY. COLEMAN & HAZZARD, P.A. OLD Rr:PU8L1C NA T70NAL T7TLE INSURANCE COMPANY LEGAL DESœlPT10N S/Æ 7; BLOCK A, PELICAN BA Y UNIT CN£, recorded in Plat Book 12, paqes 47 through 52 of the Public Records of Co/lier Coun ty. Florida ADDRESS OF PROPERTY: 7~?O BA Y TREE COURT This is not 0 certifi>;ate of Title, Zoning. or Freedom of ent:umbrances. Abstract has not been reviewed and other easements and restrictions may apply to this parcel. All other easements that exist art1 rfJqu;'-r1d to bt1 pro vided to the sUrvf1yor by the client of his or her agent per Florida statute 61 7-6.003 (10) F.A.C. c:.~ ð7{X;, Carol E. Nelson, PL.S. #5013 3JO Wilson Boulevard South Naples, Florida 34'17-9364 (239) 304-0055 Office (239) 304-0047 Facsimile NOlES: FLOOD ZONE "X" - PANEL 120067 0381 E. BEARINGS BASED ON PHYSICAL CENTERUNE OF BAY TREI COURT AS BÐNG S17'24'24"W. Agenda Item No.7 A January 11, 2005 Page 58 of 59 RESOLUTION NO. 05- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY RELATING TO PETITION NUMBER V A-2004-AR-5878, FOR A 7-FOOT VARIANCE IN THE PELICAN BAY PUD ZONING DISTRICT FROM THE REQUIRED IS-FOOT REAR SETBACK TO ALLOW AN 8-FOOT SETBACK TO EXTEND AN EXISTING SCREEN ENCLOSURE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004-41, as amended), which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 7-foot variance from the required IS-foot rear setback to allow an 8-foot setback to extend an existing screen enclosure as shown on the attached boundary survey, Exhibit" A", in the Pelican Bay PUD Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUN1Y, FLORIDA that: The Petition, V A-2004-AR-5878, filed by Michael A. Durant of Conroy, Coleman and Hazzard, P.A., representing Michael J. Needham and Wendy B. Needham, with respect to the property hereinafter described as: Site 7, Block A, Pelican Bay Unit One, recorded in Plat Book 12, pages 47 through 52 of the Public Records of Collier County Florida. be and the same hereby is denied for a 7-foot variance in the Pelican Bay PUD Zoning District from the required IS-foot rear setback, to allow an 8-foot setback, to extend an existing screen enclosure. The basis for the denial is set forth in the record of the proceedings before the Board of Zoning Appeals on January 11,2004. Page 1 of2 Agenda Item No. 7 A January 11, 2005 Page 59 of 59 BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2004- AR-5878 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of .2005. A TIEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNIY, FLORIDA BY: CHAIRMAN Approved as to Fonn and Legal Sufficiency: Marjorie M. Student Assistant County Attorney V A-2004-AR-5878/KD/sp Page 2 of 2 Agenda Item No. 78 January 11, 2005 Page 1 of 23 .- EXECUTIVE SUMMARY V A-2004-AR-6S01, Fidelity Investments, represented by Ryan Kring of Site Enhancement Services, requests a variance from the limitation of a single pole or ground sign for a single- occupancy parcel having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots as allowed by Section 5.06.06.C. of the Land Development Code (LDC), in order to maintain an existing second ground sign located on the northeast corner of the property. OBJECTIVE: The petitioner requests a variance ftom the limitation of single pole or ground sign for a single- occupancy parcel, in order to maintain an existing second ground sign located on the northeast comer of the property. CONSIDERATIONS: ,~ The petitioner is requesting a variance ftom Section 5.06.06.C of the LDC to allow Fidelity to retain and reface the second ground sign located on the northeast comer of their property. Fidelity Investments, the property owner, is in the process of a "nationwide image update." As part of that effort, they have contracted with a sign contractor to reface four existing signs on the property (Attachment "A"). They have two grounds signs and two wall signs. Fidelity's two ground signs were permitted and installed by pennit 1998. The current regulations only allow one ground sign for this property, and therefore, the second ground sign located in the northeast comer of the property is not pennitted. Fidelity must either obtain a variance to keep it or remove it. The Collier County Land Development Code (LDC) requires that an unpermitted sign be brought into compliance. FISCAL IMP ACT: Approval ofthis petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Future Land Use Element: The subject property is designated Mixed Use Activity Center, as identified on the Future Land Use Map of the Growth Management Plan (GMP). Relevant to this petition, this Subdistrict pennits the full array of commercial uses, residential and non-residential uses, institutional uses and hotel/motel uses. The GMP does not address individual variance requests; it focuses on the larger issue of the actual use. As previously noted, the subject petition seeks a variance to allow the property owner to maintain an existing second ground sign that is nonconforming with current sign regulations, because current regulations only allow each use one pole sign or ground sign. Therefore, the second ground sign is not /"""" consistent with the Future Land Use Map. Page 1 of3 -,."~,-,,~,,. Agenda Item No. 7B January 11, 2005 Page 2 of 23 ENVIRONMENTAL ISSUES: There are no unusual environmental issues associated with this petition. ENVIRONMENT AI.. ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the EAC does not normally hear variance petitions. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the December 2, 2004 Planning Commission meeting. After presentations by the petitioner and County Staff, the CCPC asked questions and discussed the petition. The discussion centered around the need to see the site from some distance in order to safely access the site, concerns that if the variance were denied the applicant could request the IS-foot tall 80 square foot pole sign permitted by code to compensate for the loss of signage and that the existing high quality landscape could be destroyed to increase view of the signage. The Commission then made a motion to forward petition V A-2004-AR-6501 to the Board of Zoning Appeals (BZA) with a recommendation of approval by a vote of 8 to 0, subject to the following conditions: 1. The property is limited to the square footage and number of signs requested in this application: --- (1) 3'-1" x 14'- 3 7/8" Wall Sign (1) 2'-3" x 10'- 5" Wall Sign (1) 2' x 6' Monument sign face panel (3) 2'-6" x 2' Directional monument (1) 2' x 6' Monument sign face panel 2. The applicant shall provide the County with an existing as built landscape plan, that shows location, type and size of all planting material, as well as digital photographs of current plantings. The existing landscaping shown on the plan must be retained unless the County approves changes. Any changes to the plan must be approved by the County in writing. 3. All existing unpermitted signs on the property must receive the authorization of a building pennit and a certificate of completion from Collier County before the monument sign on Vanderbilt beach receives its permit and certificate of completion. Because staff recommended denial of this variance request, this petition could not be placed on the Summary Agenda. RECOMMENDATION: Staff has recommended denial of this variance request because, in their professional opinion, the request cannot be found to be consistent with any of the 8 criteria in the LDC that are used to evaluate variances. Nor has the applicant's representative in his evaluation of the 8 criteria provided a compelling reason to allow this site to retain the one additional ground sign. The .--. primary reasons for granting variances are hardship on the applicant due to literal interpretation Page 2 of3 Agenda Item No. 7B January 11, 2005 Page 3 of 23 of the regulations or unique circumstances, such as site layout or topography. In evaluating this request, staff could not find that limiting the applicant to code required signage as a hardship. With regards to unique circumstance, the site is a comer lot that is flat with no surrounding uses to block the view of the signs. In addition the property has high visibility, due to it's location on the comer of U.S. 41 and Vanderbilt Beach Road, so the applicant will still have adequate visibility of their signage. For these reasons, The Department of Zoning and Land Development Review staff recommends that the petition be denied. PREPARED BY: Robin Meyer, AICP, Principal Planner Department of Zoning and Land Development Review - Page 3 of3 Item Number Item Summary Meeting Date ¡\genda Hem No, 78 .January 11,2005 Page 4 of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 76 This ¡tern reQuimr. 1h31 all participnnts be SWDITI In and expalf~ rHsdosure be provided by Commr.!'ision Members, VA"2004~AR-650'. Fidelity !n\i~5fments, repre5ented by Ryan Kring of Sile Enl1am.;ernenl Servic~s, roquests a variance l!"Om the !imitation 01 a smgle polt- or grQund sign !or a ~.inglp:~or:.cupanr:.y parr::el haV111!} frontage of 150 feet or more on a pl¡blic 5lreet, IJr c:ombined public street frontage of 220 linear feet or morn for Gorner lots as. allowf:r1 by Section 5,06,06.C of the Lam! Development Code (lDC), in ord!'::!' to maintain an existing "ec:ond grmmd sign !QcltteO on (Ill: northea.~t comer of the rroperty 1/11120059'00:00 AM Robin D. Meyer Pril1(';¡pal PI¡' nru~r 12i2111004123:05 AM Prepared By Community Development Ii Envirottlnental S~rV¡C:~ß Date :ZOning & Land Development Review Dperations; ÄI'I';¡!Y$lt Date Approved By Cotlsbroct! A. Julm$ol'l Cprnmunity DevelDpment &. Environmental Sf<r,¡ices Community Development &. EnvirIJ""j~ntaj Services Admil;' 121211;¿004 1U:21 AM Sandra Lea Ext!-cvtive Se<Cl"etary ""'. Approved By Cc>mmunny Ocvelo~'mf!nt " Environmental Services Commu"i¡~¡ De"elo Jrntmt 11 Environmental SefviclY~ Admin 12121 !?'QO.4 10:25 AM Zorling 8. Land Development Oire<::tor Date Approved By SUUI'! Murray, Ale? comml,jnrty O~vt!'l>')pmt!':nl & Environmantal s.ervice.5 Zoning & l3m.i Deyelopment Re"'Wiew 12/21;200412:37 PM Joseph K. Sc.hmitt Difle Approved By Community fJ~e o :'lmcnt & EnYironmental Services Community Development & Enviwnl'mmtul Servjce~ A¡1rrÜIIf¡tratcH Cr:>mmunity Development!. En...ironm~nt31 Services Admin 1;2/221100412:54 PM OMB Coordinator AdminiSlr:Jlive Assistant Date Approved By County Manager'~ Office Office of Management & Budg~t 12/22i20041 :51..1 PM Mark Isackson B!Jdge-t Analyst Dat. Approved By C(. unty Mal1uger':$ Orhc:e Ol'fi(:e of Mana{, t!ment & Budg~t 12ì22n004 4:18 PM Michael S,myk(Jwski Manage-ment & Budg~t t)lrec1m [Jut!!: Approved By County MltflagÐr's Offir;i!' Oftio::e of Mllnagnnu~nt & B~tdget 12/27/100<49:02 AM Approved By .James V. Mudd !30ard ('!f CfJl)f1ty C<>mnmJ5ioIHH:> County Manflger Date CiJlmty ManJl!pH'ji Officl~ 12-'3H2n04 11 :34 AM Agenda Item No. 78 January 11, 2005 Page 5 of 23 Comr County _ ~ ~tM ____ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION HEARING DATE: DECEMBER 2, 2004 SUBJECT: PETITION SV-2004-AR-6501 FIDELITY INVESTMENTS AGENT/APPLICANT: OWNER: Fidelity Investments 8880 Tamiami Trail North Naples, Florida 34105-3227 AGENT: Kyle Bach Site Enhancement Services 3699 West Lathrop Street South Bend, IN 46628 REOUESTED ACTION: The petitioner requests a variance from the limitation of single pole or ground sign for a single- occupancy parcel having frontage of 150 feet or more on a public street, or combined public street frontage or 220 linear feet or more for comer lots as allowed by Section 5.06.06.C; in order to maintain a existing second ground sign located on the northeast comer of the property. The petitioner is a sign contractor wanting to replace the face of the four existing signs on the property as depicted on the sign plan on page 3 of 7. GEOGRAPmC LOCATION: The subject property is located on the southeast comer of the intersection of U.S. 41 and Vanderbilt Beach Road, in Section 34, Township 48 South, Range 25 East, Collier County, Florida (See location map on the following page). .......... I -. ~ -= SV -2004-AR-6501 CCPC Date: December 2, 2004 Page 2 of 7 Agenda Item No. 78 January 11, 2005 Page 6 of 23 a.. C :i w ~ en ".. a II> .. Ii:: c I ~ 1:11 .,. .. > II!! . z 2 ... ~ L a.. C :E z 0 - ~ < 0 0 ...J Agenda Item No. 78 January 11, 2005 Page 7 of 23 r- --[:::~ ~-p:=,~-8 ~ ----- --~- ----- --r I I ~ a f--~' ¡....'o·unurr ~~:. , PG. 26C8 i~ <~'- .. III 'i-,t~~¡; .. I '~~J J ~~_ ~rtlA2s::::r J ; :: ! ,.. 0""1 If - 100tU;a ~ -.2f/,t:. , C!:!..- H B7'5r,'U-E ~~.bfHf (;1' O'~.:ffl.l~~Nr ...--.,. Ce,¡ "i('<c GO Q:: Ct: .-.... :r:>-CI) Oa::~ -<cOQ::: 4J:::"::'~ CbU.... I-:t:s: ~>- . Q)-..I0 ct: 0:: . lw~~ a~ 2: a::: §O ~ LOT 13 ~-- lSC' ()R;I,f/oIJ¡Œ ANI) IJ!1UTY EASÐ.tl:NT ClII. ~. PI¡. OJ71 ]0' V !HE IS, ~. o-<J- - EJClS1ING UGIoIT I'OI.[ [~- Cm"lIIi'Ø 111M: PIIU. BOle W/AII'01GIM ..G.. - r$rm,~ 'tFI.v'I'1é SlCN <;> - E"KI!i ¡p,\ G POII£R par -0- - EXlS1l1\IU POII£Iò' POI.( Q - EJIIS1ING ŒJ.£1IHONE: Hmr»iQ.£ œ - EJl/S'IIIIC m.Ef'1«JH( /!1SE1I e - f.<tSJ1NC smRU IAAIIHOU Ii - l'IIIS1ING !fA ~ I.f("ITR SR. 45 (U.S. 41) TI Z~ .. II ¡ I I Pl':fE R ~ ! ! ~ J POINT Or 8 CC:WTAIIID 101 .. 1'1 L.aitIiIIl . - wtIICI. It'S !in zo..,. /I1C STA.\tI'CD "ABB IIiC Lff .. - iHIJICA 1tS S£T :- /III( NJ srAW'W ._ rHC LS :7IC SrJR\£Y SV-2004-AR-6501 CCPC Date: December 2, 2004 Page 3 0 f 7 Agenda Item No. 7B January 11, 2005 Page 8 of 23 It ø " .. J ;; PELtI, RIXt: .: .,.,J ~ " @ ~ 11 ~ CD , "'I:T~ f I I( j ~ i I l IT i ~ c ..·16 . - " ~ .I ¿ '" ~ 3J!At6IPlj,CE CONCC Zonin!!: tIJfþt. ." PURPOSEIDESCRIPTION OF PROJECT: Site Enhancement Services, representing Fidelity Investments is requesting a variance from Section 5.06.06.C, of the LDC to allow Fidelity to retain and reface the second ground sign located on the northeast corner of their property. Fidelity Investments, the property owner, is in the process of a "nationwide image update." As part of that effort they are going to reface four existing signs on the property. They have two grounds signs, one which appears to never have been pennitted and two wall signs. Fidelity's one permitted ground sign was approved and installed prior to 1998. The current regulations only allow one ground sign for this property, and therefore, the second ground sign located in the northeast comer of the property is not permitted. Fidelity must either obtain a variance to keep it or remove it. The Collier County Land Development Code (LDC) requires that an unpermitted sign be brought into compliance. SURROUNDING LAND USE AND ZONING: Surrounding: North- East - South - West - SV-2004-AR-6S01 Vanderbilt Beach Road and a Walgreen's Drug Store; zoned PUD as part of the Pelican Bay PUD Summerplace Condos and Pelican Ridge Condos; zoned RMF-16 Bank: One Bank; zoned C-4 Commercial U.S 41 then L'Ambiance Shopping Center; zoned PUD as part of the Pelican Bay PUD CCPC Date: December 2, 2004 Page 4 of 7 Agenda Item No. 78 January 11, 2005 Page 9 of 23 mSTORIC/ARCHAEOLOGICAL IMPACT: The LDC does not require this analysis for a variance. EVALUATION FOR IMPACTS TO TRANSPORTATION. INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 9.04.00 of the Land Development Code grants the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 9.04.03 A through H, which are general guidelines to be used to assist the Commission in making a detennination. Staff has analyzed this petition and offers the responses to the items in Section 2.7.5.6 as follows: A. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or bunding involved? No. This property will be adequately signed with the three remaining signs, and has a high- visibility location on the comer of Vanderbilt Beach Road and U.S. 41. There are no topographical issues or line of sight obstructions by buildings of the remaining existing signage to warrant the approval of a variance to keep the additional ground sign. B. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject ofthe variance request? No. The property has high visibility and the three remaining signs should be adequate to locate and identify the building. There is no permit for the second ground sign, and therefore it must be granted a variance or removed. Even if the applicant were to demonstrate that the second sign had pennit it would still be nonconfonning and subject to removal as per Section 9.03.03.D.3.c (nonconfonning signs). C. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. The applicant will still have high visibility on the comer of two main arterial streets and will be allowed to reface three of the four existing signs on the property. D. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? SV-2004-AR-6501 CCPC Date: December 2, 2004 Page 5 0 f 7 Agenda Item No. 78 January 11, 2005 Page 10 of 23 No. The variance would be the minimum necessary to allow the existing unpermitted sign to remain, however, this sign is not necessary to make reasonable use of the land. The applicant will still have all of the other signs and the excellent visibility of a comer lot. Granting the variance is not necessary to promote standards of health, safety and welfare. E. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. All other properties in Collier County must comply with the standard that allows each use one pole or ground sign. The applicant has had the benefit of an additional ground sign since 1998, and has not demonstrated that its removal would have any detrimental effect. F. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No. The limitation on signage is a major factor in the County's efforts to create a positive image for this community; the applicant has not demonstrated the second ground sign is critical to his business or that the other signage is inadequate to identifY a business at this location. G. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. The site is a premium high-visibility, high-traffic location that has no surrounding structures obstructing the signs. Staff can identifY no natural conditions or physically induced conditions that would warrant amelioration of the goals and objectives of the regulations. H. Will granting the variance be consistent with the Growth Management Plan? No. Approval of this variance would be inconsistent the Growth Management Plan, which generally supports the limitations on signage. EAC RECOMMENDATION: The Environmental Advisory Council does not nonnally hear variance petitions. STAFF RECOMMENDATION: The purpose of this requested variance is to retain an existing unpermitted ground sign on a site that has three other signs including another ground sign. The property has high visibility, is located on the comer ofD.S. 41 and Vanderbilt Beach Road and has ample separation from other buildings so the other signs on the property will provide adequate identification of this use. The applicant has not demonstrated that the removal of the sign will have a detrimental effect on the SV-2004-AR-6501 CCPC Date: December 2, 2004 Page 6 of 7 Agenda Item No. 7B January 11, 2005 Page 11 of 23 business. For these reasons, Zoning Department staff recommends that the CCPC forward Petition SV-2004-AR-6501 to the BZA with a recommendation of denial. PREPARED BY: ROBIN D. MEYER, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: RAY BELLOWS, MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE Collier County Planning Commission: RUSSELL A BUDD, CHAIRMAN DATE SV-2004-AR-6501 CCPC Date: December 2, 2004 Page 7 of 7 / ~ ,..L: Agenda Item No. 78 January 11, 2005 _____ ________~~9.e_1~~~ SV-2004-AR--6S01 PROJECf #2004090026 DATE: 9/21/04 ROBIN MEYER SIGN VARIANCE PETITION Petition No. Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF Petitioner's Name: Kyle Bach Petitioner's Address: 3699 West Lathrop Street South Bend. IN 46628 Telephone: 1-RRR-?7~-706~ E-Mail Address: kdh(asit:~~nh;mCAmAnt:su~rvir"R rnm Fax##: 1-"7t.-~':\?-·un':\ Agent's Name: *Same as above Agent's Address: Telephone: E-Mail Address: Fax #: .Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE . NAPLES, FL 34104 PHONE (239) 403-24OOIFAX (239) 643-6968 ApplieatiOD for Sign Variance Petition - 4103 Legal Description of Subject Property: Agenda Item No. 78 January 11, 2005 Page 13 of 23 Subdivision: Vanderbilt Com. Cond. Unit 101 Lot (8) - Block (s) Section ~4 Twp. 4R Range 2') Property ID. # 79271000022 Metes & Bounds Description: None Address of Sign Location: 8880 Tamiami Irail North Cwrent Zoning and Land use of Subject Parcel: C-4 General Commercial Length & Height of wall upon which the Sign will be secured: N / A (IfWaJI Sign) Width of Subject Property: N I A (Road Frontage) Nature of Petition Provide a detailed explanation of the variance request including what signs are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce setback from IS' to 10'; why encroachment is necessary; how existing encroachment came·to be; etc. Existin2. Sif;ms: (1) 3'-1" x 14'-3 7/8" Wa~l si2n (1) 2'-3 " x 10'-5' , Wall si~n (1) 2' x 6' Monument JC;i¡n face panel (3) 2'-6" x ?' Dir~rt:ionAl mnn1lm~nt' Proposed sism: (1) 2' x 6' Monument sign face vanel *Seekin£.relief from section 2.5.5.2.5.1. Pole or iround si~ns. ...shall be permitted one Dole or ~round si~n... Monument siin already exists. Fidelity Investments is r~qnestin~ face chan¡e of monument sl¡n to conform with national re-imAge phase. Application for Sip Variance Petition - 4103 Agenda Item No. 78 . January 11, 2005 Please note that staff and the Collier County Planning Commission sba1l be guided in their ~ðn1 ~ ~23 Board of zoning Appeals, and rhat the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages ü . necessary.) 1. Are there special COnditiODS and circumstances existing which are peculiar to the location, size and cbaracteristics of the land, structure, or buildi.ng involved. ~êE! At"tRrhE!d 2. Are there special conditions and circumstaoces wbicb do not rcsult from the action of tœ applicant such as pre-existing conditions relative to the property which istœ subject of the variance request . See Attached 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practicaJ difficulties on the applicant See Attachêd . 4. Will tbc variance, if granted. be the minimum variance that will make possible the reasonable use of the laud, building or Sl1'UCture and which promote standards of health. safety or welfare. See Attached 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by Application for Sign Variance Petition - 4103 Agenda Item No. 7B Ihese zoning regulations to other lands, buildings, or structures in the same zoning districL January 11, 2005 Page 15 of 23 ~øø At-t-..,..hø,.! 6. Will granting the variance be in harmony with the intent and pwpose of this zoning code, and not be injurious to the neigbborbood. or otherwise detrimental to the publi<: Mlfare. See Attached 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. See Attached 8. W1l1 granting the variance be consistent with the growth management plan. Set'! At"t"Slf"hed ApplicatioD for Sign VariaDce Petition - 4103 Agenda Item No. 78 January 11, 2005 Page 16 of 23 1. The business is located in a very busy commercial corridor. This corridor has several high traffic roadways that allow motorists to locate and visit their desired commercial locations. Due to the positioning of this investment firm in relationship to these major roadways, this business needs multiple ground mounted identification signs. Motorists that are traveling on these roadways need to be made aware of Fidelity's location. The immense size of the property and the multiple services that are offered to the public combine to create a need for signage that can be used as a wayfinding system for motorists. 2. Fidelity Investments has enjoyed the luxury of two- (2) groWld signs at this location for some time now. To remove, or not allowing a national re-imaging face change, would be detrimental to the consumers in Collier County. The current ground signs allow for proper visibility on the nearby roadways to ensure enough time to locate, maneuver, and enter the facility. 3. The strict application of the tenns of the zoning ordinance will result in an unnecessary hardship with regard to Fidelity Investments ability to adequately identify this property to the public. The varied pylon sign decreases the risk of internal trafficking as well as a decrease in traffic hazards at the cross streets. The placement of this building, location of the signs at an extremely busy intersection and the visual environment of the surrounding commercial corridor, combine with road speed and traffic patterns creating an unique hardship. 4. This variance, if granted, will be the minimum variance possible to make reasonable use of the building to promote standards of health, safety and welfare. As mentioned previously, do to the busy traffic surrounding this corridor and the intense landscape encasing the signage the identification of the second sign is the bare minimum required. 5. The proposed signage modifications that are being requested would allow Fidelity Investments the opportunity to replace their existing signage while updating the image and appearance of their property. Other properties in this commercial corridor are allowed to renovate and update their business appearance. This application would simply allow Fidelity Investments the opportunity to update their existing image while maintaining their existing visibility to passing motorists. 6. Section 2.5.4.2 states, "Designed, constructed, installed and maintained in a manner which does not endanger public safety or unduly distract motorists." I have already mentioned several times the advantages of the second ground sign, keeping the harmonization with the purpose of the zoning code. 7. There are several beautiful trees and foliage that surrounds the building and signage. Fidelity Investments understands the importance of trees and the positive externalities they produce and would never ask to remove the trees, but to allow adequate signage to be placed around the landscape. Agenda Item No. 78 January 11, 2005 Page 17 of 23 8. The proposed signage will be consistent with the growth management plan in Collier County. __--- Agenda-ttem-No. 7ß SV_2004_AR-6501January 11, 2005 PROJECT #2004090~ge 18 of 23 DATE: 9121/04 ROBIN MEYER VARIANCE PETITION PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST Dat.: 6 J3/Cõ Tim.: I: 15 PlanDer: f0h/Ñ 11'Ji2 Y"'R Project Name: F' lð..E:.1 \~ - ~ Project AddrlLocation: ~~~ð-rA M \ F\1v1 , h2. Applicant Name: ~.~ 7>f\d\ PbOD.: 8NJ:,- ;;2..7C> 7Ck,b Firm: P"~\&J IN~*- Type of Petition: _<; tt<ð ~ V ().i\¡1..(}..I(\.,(J. Current Zoning: C -'/ ..... Owner Name: F \d..E..l \"t~ :\StM \d...l~ L-\-&.., Owner Address:~ ~ ~C;lff-ø:. ~ Phone: Meeting Attendees: ~AA1S~~ SUBMITTAL REQUIREMENTS: ~ 15 copies of completed Application ~ Addressing Checklist signed by Addressing Dept Pre-application meeting notes 15 copies of Conceptual Site Plan 24- X 36" plus (one 8 ~ X 11 copy) Completed Owner/Agent Affidavits, Notarized ~ 2 copies of Deed 2 copies of List identifying Owner & all parties of corporation Location map . . 5 copies of Aerial Photograph (taken within the previous 12 months) 1 ~_.~-_._...._" o o o ~ ~ Agenda Item No. 78 January 11, 2005 4 copies of EIS or EIS waiver Page 19 of 23 4 copies of TIS 4 copies of Utility Provisions Statement with sketches Electonic copy of all documents and plans (CDROM or Diskette) Historical Surveyor waiver request Property Owner Advisory Letter and Certification Pre-application Fee $500.00 (to be credited toward application fee below) Review Fees: o $2000.00 ~ $5000.00 $681.00 $205.00 Residential Non-Residential Estimated Legal Advertising Fee - CCPC Meeting Estimated Legal Advertising Fee - BCC Meeting (any over- or under-payment will be reconciled upon receipt of Invoice from Naples Daily News). o $1600.00 EIS Review OTHER REQUIREMENTS: o o o o NOTES: Agent/Owner Signature Date: 2 Agenda Item No. 78 January 11, 2005 Page 20 of 23 RESOLUTION NO. 05-_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PEmION NUMBER SV-2004-AR-6501, FOR A SIGN VARIANCE ON PROPERTY HEREINAFfER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all co1Ulties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the C01Ulty pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41) which establishes regulations for the zoning of particular geographic divisions of the C01Ulty, among which is the granting of variances, and WHEREAS, the Board of Zoning Appeals being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability to allow Fidelity Investments to retain their one existing non-confonning ground sign. Section 5.06.06.C only allows one ground or pole sign. Fidelity has two, the second of which is non- confonning. Fidelity is therefore requesting a variance to allow them to have two 6-foot by 2-foot ground signs, rather than the one sign allowed by code as shown on the attached plot plan, Exhibit "A", in a C4 zoning district for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 5.06.06C of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier C01Ulty, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented, NOW, THEREFORE, BE IT RESOLVED BY The Board of Zoning Appeals of Collier County, Florida, that: Page I of2 Agenda Item No. 78 January 11, 2005 Page 21 of 23 The Petition SV-2004-AR-6501 filed by Kyle Bach of Site Enhancement Services, representing Fidelity Building, LID, with respect to the property hereinafter described as: Vanderbilt Commercial Condominium Unit 101, Section 34. Township 48 South, Range 25 East, Collier County. Florida. be and the same hereby is approved subject to the conditions of Exhibit "B" to allow Fidelity Investments to retain their one existing non-conforming ground sign BE IT RESOLVED that this Resolution relating to Petition Number SV-2004- AR-6501 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2005. AITEST: DWIGHT E. BROCK, Cleric BOARD OF ZONING APPEALS COLLIER COUNTY. FLORIDA BY: . CHAIRMAN Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney SV.2004-AR-6S011RMl1p Page 2 of2 Agenda Item No. 78 January 11 , 2005 Page 22 of 23 _LL____ -~ I I I I I PINEl R a I ;1 ; I : I POlloI T dr s CQWr-, '01 I --- "IF v- I!!. - ~d_ p 1l~.. o.a.ts. <>-<> - VIIS_ IIGOOT ~ c-t"- rJIIS_ _ PUJ. _ Ir/MO«RS ..A.. - OII!lIOoe 1ItN'AC _ o - DlSlINe _ I'Of.C -<>- - CllSJlNe _ I'Of.C o - f.ws_ ~-.au: t'!: - OII!JIN( 1'nD't«K _ e - EJIIS_ SIOIIW IIoWQ.£ It - 0IS1100G ...1lII ....... S.R. 45 (u.S. 41) TI Z ----- rnc~ WiDIII . - IIIIØIC<IItJ $V r.r '" sr_ -. ffC IJf .. - Nll:AIO srr r I ( ,,, sr_ -. 1M: IJf Site Plan Attachment "A" Agenda Item No. 78 January 11, 2005 Page 23 of 23 Conditions of Approval SV-2004-AR-6S01 1. The applicant is limited to the square footage and number of signs requested in this application: (1) 3'-1" x 14'- 37/8" Wall Sign (1) 2'-3" x 10'- 5" Wall Sign (1) 2' x 6' Monument sign face panel (3) 2'-6" x 2' Directional monument (1) 2' x 6' Monument sign face panel 2. Existing landscaping must be retained. 3. All signs on the property will be properly permitted by Collier County. Exhibit "8" Agenda Item No. 8A January 11, 2005 Page 1 of 111 --- EXECUTIVE SUMMARY PUDZ-A-2004-AR-6142 Naples Syndications, LLC, represented by Karen Bishop ofPMS Inc. of Naples, requesting a rezone from "PUD" to "PUD" Planned Unit Development known as Warm Springs PUD by revising the PUD document and Master Plan by increasing the allowed dwelling units by 290 units to a maximum of 540 units, a density increase from 2.1 units per acre to 4.52 units per acre; to show a name change from Nicaea Academy PUD; and reflect the PUD ownership change. The property is located on the east side of Collier Boulevard, approximately one mlle south of Immokalee Road, in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 119± acres. OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent with the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: -- The petitioner proposes a PUD with a maximum of 540 residential dwelling units. The current PUD zoning permits a variety of residential units and accessory uses customarily associated with residential developments with a maximum of 250 dwelling units. The Nicaea Academy Planned Unit Development (PUD) was originally approved by the Collier County Board of County Commissioners (BCe) on August 1, 2000, and recorded through Ordinance Number 00-52, and amended on November 18, 2003, and recorded through Ordinance Number 03-64. The application seeks to revise the PUD document and Master Plan by increasing the allowed dwelling units by 290 units to a maximum of540 units, a density increase from 2.1 units per acre to 4.52 units per acre. A portion of the project (40.7 acres) is within the Residential Density Band that surrounds the Activity Center at the intersection of Collier Boulevard and Immokalee Road. The remainder of the project (78.3 acres) is outside the Residential Density Band. The 540 dwelling units on 119 acres results in a . maximum gross density of 4. 52 dwelling units per acre. The density rating system permits a maximum of 598 dwelling units for the 119-acre site. The Warm Springs PUD document has designated ten percent of the proposed units to be available under the provisions and terms of the Collier County Affordable Housing program for moderate- income owner occupied residences. Assuming that all 540 units are constructed, this will yield fifty- four affordable housing units. The current Nicaea Academy PUD (Ordinance 2000-52) is being repealed in its entirety and the petitioner has reformatted and rewritten the proposed PUD document. The petitioner proposes to enter into a Developer contribution agreement (DCA) for the future construction of Tree Fann Road. The DCA would provide the County with a minor collector foot print and establish the first leg of a proposed loop road for the benefit of the County Transportation network. The Developer through this DCA _ along with others interested parties will provide the funds necessary for the expansion of the bridge, roadway 1 Agenda Item No. 8A January 11, 2005 Page 2 of 111 cons1ruction and access improvements. This DCA is consistent with the intention of the donated 40' right-of- way as outline in the original PUD. The petitioner agrees that access to the development will be off Tree Farm Road. FISCAL IMPACT: The rezoning ofthis PUD by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the property is rezoned, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Services (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building pennit review fees and utility fees associated with connecting to the County's water and sewer system. GROWTH MANAGEMENT IMP ACT: The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict), and is partially within a Residential Density Band, as identified on the Future Land Use Map of the Growth Management Plan. This Subdistrict permits residential development at a base density of 4 dwelling units per acre and a maximum of 16 dwelling units per acre, subject to the Density Rating System provisions; recreation and open space uses; and a variety of community facility uses. The westerly side of the project has 40.7 acres located within the Residential Density Band around the Immokalee Road/Collier Boulevard Activity Center and the remaining 78.3 acres of the project are outside this Residential Density Band. The 540 proposed units and resultant density of 4.52 dwelling units per acre are in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: 40.7 acres within the Density Band at 7 dwelling units/acre = 285 dwelling units 78.3 acres outside the Density Band at 4 dwelling units/acre = 313 dwelling units 119 total acres = 598 dwelling units maximum at a density of 5.03 units/acre Based upon the above analysis, staff concludes the proposed amendments can be deemed consistent with the Future Land Use Element (FLUE). ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and has incorporated safeguards within the PUD document to ensure compliance with the environmental regulations. The Wann Springs PUD document has been reviewed to ensure the most current environmental regulations have been incorporated within the document. The PUD is governed by an existing South Florida Water ,,- 2 Agenda Item No. 8A January 11 , 2005 Page 3 of 111 Management District (SFWMD) Environmental Resource Pennit (ERP) number 11-01973-P, and an existing Army Corps of Engineers (ACOE) permit number 200001393. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council did not hear this petition because an Environmental Impact Statement was submitted and reviewed by County staff and the EAC with the original PUD petition in 2000. No additional environmental impacts are proposed. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Co11ier County Planning Commission heard this petition on December 16,2004. The Commission motioned to forward petition PUDZ-A-2004-AR-6142 with a recommendation of approval with the following modifications to the PUD document: · A reduction of the number of units from the 540 units proposed to 278 units, a density reduction from 4.52 dwe11ing units per acre to 2.33 dwe11ing units per acre, with the retention of the commitment for ten percent of the units to remain dedicated to affordable housing as designated within section 5.12 of the PUD document. · Increasing the setback required for a principal structure from the PUD boundary from 25 feet to 75 feet. · The elimination of the word generally in section 2.2.a of the PUD document. · Modification of Section 2.2.a. to allow for the Land Development Code regulations to control when more restrictive. · Elimination of note one from the development standards table that stated, "Sidewalks shall generally be located between parking areas and buildings." · Replace the final word of Section 4.2.b.2 with the word approval, rather than review. · Create Section 5.13 to call out a requested deviation from Chapter 3.05.07 of the Land Development Code to allow for site alteration within ten feet of a preserve area. The motion passed by an eight to one margin. STAFF RECOMMENDATION: Staff recommends approval of Petition PUDZ-A-2004-AR-6142 subject to the regulations contained in the PUD document as modified by the Planning Commission's recommendation with the exception of the density reduction and as otherwise described by the Ordinance of Adoption and Exhibits thereto. PREPARED BY: Mike Bosi, AICP, Principal Planner Zoning and Land Development Review 3 Item Number Item Summary Meeting Date Agenda Item No. 8A January 11. 2005 Page 4 of 111 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 6A This Item requires that all participants be sworn in and ex~parte disclosure be provided by CommisSion rnernbers. Naples Syndications, LLC represented t)~' Karen Bishop of PMS tnc of Naples. requesting a rezone from "PUD'o lc "PUD" Planned Unit Development known as Warn, Springs PUD by revising tile PUO document and Masler Plan by mcreasing tl,e allQwed dwelJing unIts by 290 units to a max.lmum of 540 units, a density increase from 2:1 umts per acre to 4.52 units per acre; to show a name change from Nlcaea Ac.ademy PUD and reflect the PUD ownership change The property is located on the east side of Collier Boulevard, approximately one mile s.outh of !mmokalee Ro;;)d, in Section 26, Township 48 South, Range 26 East, Collier County, Florida consIsting ùr 119± acres 1/11/2005 9.00:00 AM Míke Basi, AICP Principal ptannar 12116120044:54:53 PM Prepared By Community Development & E.nvironmental Servíces Date Zoning & L,lnd Development Review Mike BO$i, AICP Principal Planner Date A pproved By Comfnunl1y Oe:velopment & Environmental StlIrvicea Zoning & Land Development Review 121141200411:01 AM Chief Planner Date Approved By Ray Bellows Community Development & Environmental Services ZDning & Land Deveh:"pment Review 12117/20048:18 AM Date Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 12/17/20044:07 PM Date Approved By Sandra Lea Community Development & Environmental Services Executive Secretary Community Developtnent & Environmental Services Admin. 121211200410:26 AM Zoning: & Land Development Oìrector Date Approved By Susan Murray, AICP Community Development & Environmental Services Zoning & Land Development Review 12/21/200412:39 PM Date A pproved By Joseph K. Schmít1 Community Development & Ef1vironment;aJ Services Community Development & Enyironm~ntal Services AdlTlinstrator Community Development & Environmental Services Admin. 12/22120041:59 PM DatE A pproved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Tran&portaHon Services Admin, 12122/20044:49 PM Adm.inistrative Assistant Date Appròved By OMB Coordioator County Manager's OWC!!! OftÏce of M.magemenl & Budget 12123120042:01 PM Budget Analyst Date Approved By Mark h'~ckso" County Manager's Office Office of Management & Budget 12123/20044:53 PM Management & Budget Director Date Approved By Michael $mykowski County Manager's Office Office of Management & Budget 12/27120049:15 AM County MSl1ager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office- 12131120041:42 PM .~~"--",.. AGENDA ITEM 8-B Agenda Item No. SA January 11, 2005 Page 5 of 111 eo1NrT County -- '--~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM.: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: DECEMBER 16,2004 SUBJECT: PETITION PUDZ-A-2004-AR-6142, WARM SPRJNGS AGENT/APPLICANT: OWNER: Naples Syndications, LLC 540 Myrtle Road Naples, FL 34108 AGENT: Karen Bishop PMS, Inc. of Naples 2335 Tamiami Trail N., Suite 408 Naples, FL 34103 REOUESTED ACTION: To have the Collier County Planning Commission (CCPe) consider an application requesting a rezone from Planned Unit Development (PUD) to Planned Unit Development (PUD) to be known as the Warm Springs PUD. The application seeks to revise the PUD document and Master Plan by increasing the allowed dwelling units by 290 units to a maximum of 540 units, a density increase from 2.1 units per acre to 4.52 units per acre; to show a name change from Nicaea Academy PUD; and reflect the PUD ownership change. GEOGRAPIDC WCATION: The property is located on the east side of Collier Boulevard approximately one mile south of hnmokalee Road. The site consists of approximately 119 acres, in Section 26, Township 48 South, Range 26 East, Collier County, Florida. (See illustration on following page) PUDA-04-AR-6142, WARM SPRINGS PUD D.. < :E I W ~ - en I I " . ... c · I II C I · . Q' CI ... · ... ....... I -.- c: - a. . .. L I. !r; c ¡: ¡: -Ii ..~. =1, LL I I I a. t I !. I.. D.. . I· IIli pli < II I I :E I. L I JD Z wli .Ii e I . Iii - I I ~ --- < ..- u I. L I. e ~I :! I, 'Ii I' I I ..J II" liD I ala .p ii I 'p <'f"1O..-- -0..... :;¡..-- '\I.... .0 Ê:=co cv >. ( ) ...........0> -roro ro;:¡a.. -oc: c:ro cv-, 0) <C II ~I II I· :II . II 'I I I :2 = $ I ' I It Ii · PUDA-04-AR-6142, WARM SPRINGS PUD 2 «LD"- co 0..- > 0..- ON..... Z _0 E;:r-- Q) >- ( ) _....0> -roro ro:JQ.. -ac cro Q)"J !} Existing Master Plan --- ~ CIIUB .... CA. .. =~= --~-~~~~~~-~== D' 00···· .. .-a-.- .-. .... ~ , J I II 1',IIIPU1'í 1.1 _I ÜIDJrl. . i~~' . j! fdJ¡ wi I :1'IIII'81! J. I It I I I 1__ J£. I'!' - .. UIa'CII olIO IIiIICT1III NtCAEA PU ~A > -1':>: CY'~ --- DAVIDSON .ÑÕiZ.U!II"a'He. = lUll 'MMII___......,.. --.-. ...- ---..... ....-....- --.-.....--- - PUDA-04-AR-6142, WARM SPRINGS PUD 3 .--..-- I > II I I I <:(L{)..- .-0''''- ':) ..- '\I- _0 Ê~CO Q) >- a> ..........0) -roro ro::JD.. "Oc: c:ro Q)""'"") OJ « Proposed Master Plan 111m" MY ....-.. .-t. ..... .... u. .. -~ HlI !III I I II il ... II I. II III "I 1 p I f tie c:a . aa. .... In; lill ftpRi nlll~ r~ I P-I''''II m! r.e ~JI'I IEIIIIUIIa A - ,.....~ PUDA-04-AR-6142, WARM SPRINGS PUD 4 I Agenda Item No. 8A January 11, 2005 Page 9 of 111 PURPOSFJDESCRIPI10N OF PROJECT: The Nicaea Academy Planned Unit Development (PUD) was originally approved by the Collier County Board of County Commissioners (BCC) on August 1, 2000, and recorded through Ordinance Number 00-52, and amended on November 18, 2003, and recorded through Ordinance Number 03-64. The petitioner proposes a PUD with a maximum of 540 residential dwelling units. The current zoning permits a variety of residential units and accessory uses customarily associated with residential developments with a maximum of 250 dwelling units. A portion of the project (40.7 acres) is within the Residential Density Band that surrounds the Activity Center at the intersection of Collier Boulevard and Immokalee Road. The remainder of the project (78.3 acres) is outside the Residential Density Band. The 540 dwelling units on 119 acres results in a maximum gross density of 4.52 dwelling units per acre. The density rating system permits a maximum of 598 dwelling units for the 119-acre site. The Warm Springs PUD document has designated ten percent of the proposed units to be available under the provisions and terms of the Collier County Affordable Housing program for moderate-income owner occupied residences. Assuming that all 540 units are constructed, this will yield fifty-four affordable housing units. The current Nicaea Academy PUD (Ordinance 2000-52) is being repealed in its entirety and the petitioner has reformatted and rewritten the proposed PUD document. PUDA-04-AR-6142, WARM SPRINGS PUD 5 Agenda Item No. 8A January 11, 2005 Page 10 of 111 SURROUNDING LAND USE AND ZONING: Subject Parcel: Surrounding: North: East: West: South: .G. Y .- AK-r:N , I ~9,Hl.AM) PUD ¡ClIO 'Rf:l..WOOD [ 5.06 DU/A lJ...Ji...- .-'- 'to The parcel is an undeveloped 119-acre site; zoned Nicaea Academy PUD (2.1 units per acre). Recreational vehicle park; zoned Crystal Lake PUD (2.89 units per acre) and several parcels along Acremaker Road, some undeveloped, some developed with residential uses; zoned A. Undeveloped land; zoned A, in a Rural Fringe Receiving Area. Collier Boulevard ROW, across which are multi-family residential units; zoned Brittany Bay Apartments PUD (8.16 units per acre). Undeveloped land; zoned Bristol Pines PUD (6.98 units per acre) several parcels, some undeveloped, some developed with residential uses; zoned A (Please note, several of these parcels have submitted a rezone petition for the expansion of the Bristol Pines PUD). TUSCAfIN OOVE POD 10.25 DU/A A -B.a:VDÄ VANŒR8H..T 00 UN7RYCWB -PUD " I DU/A = DweUin~ Units pel' Acre GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict), and is partially within a Residential Density Band, as identified on the Future PUDA-04-AR-6142, WARM SPRINGS PUD 6 .,----- Agenda Item No. 8A January 11, 2005 Page 11 of 111 Land Use Map of the Growth Management Plan. This Subdistrict permits residential development at a base density of 4 dwelling units per acre and a maximum of 16 dwelling units per acre, subject to the Density Rating System provisions; recreation and open space uses; and a variety of community facility uses. The westerly side of the project has 40.7 acres located within the Residential Density Band around the Immokalee Road/Collier Boulevard Activity Center and the remaining 78.3 acres of the project are outside this Residential Density Band. The 540 proposed units and resultant density of 4.52 dwelling units per acre are in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: 40.7 acres within the Density Band at 7 dwelling units/acre = 285 dwelling units 78.3 acres outside the Density Band at 4 dwelling units/acre = 313 dwelling units 119 total acres = 598 dwelling units maximum at a density of 5.03 units/acre Future Land Use Element: Based upon the above analysis, staff concludes the proposed amendments can be deemed consistent with the Future Land Use Element (FLUE). Transportation Element: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) and was found consistent with Policy 5.1. The consistency rmding provides a statement to the project, that when developed, it will not excessively increase traffic congestion. Open Space/Conservation: A minimum of sixty percent open space of the gross site area, as described in Section 4.02.01 of the Land Development Code (LDC) and Policy 1.1.6 of the GMP, will be required of the PUD. Section 3.5 of the Wann Springs PUD document requires that the minimum of sixty percent open space be maintained for the project. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. These criteria are specifically noted in Chapter 10.03.05 of the Land Development Code (LDC) and required staff evaluation and comment. The Collier County Planning Commission (CCPC) also must utilize these criteria as the basis for their recommendation to the Collier County Board of County Commissioners (BCC). Appropriate evaluation of petitions for amendments to PUDs should establish a factual basis for supportive action by appointed and elected decision-makers. Each of the potential impacts or considerations identified during the staff review are listed under each of the criteria noted and are summarized by staff, culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report (See Exhibit "A" and Exhibit "Ð"). PUDA-04-AR-6142, WARM SPRINGS PUD 7 Agenda Item No. 8A January 11, 2005 Page 12 of 111 Environmental Analysis: Environmental Services Staff has reviewed the petition and has incorporated safeguards within the PUD document to ensure compliance with the environmental regulations. The Environmental Section (5.9), of the Warm Springs PUD document has been revised through the amendment process to reflect the most current environmental regulations. Transportation Analysis: Transportation Department Staff has reviewed the petition and notes the following: The PUD document, in relation to the Transportation element, has been updated to ensure all development within the Warm Springs PUD will be subject to and compliant with the policy contained within the Transportation sub-element of the Growth Management Plan (GMP) and the regulatory fabric contained in the Land Development Code (LDC). The Transportation Section (5.8), of the Warm Springs PUD document, has been revised through the amendment process to parallel the current LDC regulations. Utility Issues: The Utilities Department Staff has reviewed the petition and notes the following: water distribution, sewage collection and transmission, and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, cOn'¥eyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. Zoning and Land Development Review Analysis: As previously noted, the subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict), and is partially within a residential density band, as identified on the Future Land Use Map of the Growth Management Plan. This Subdistrict permits residential development at a base density of 4 dwelling units per acre and a maximum of 16 dwelling units per acre, subject to the Density Rating System provisions; recreation and open space uses and a variety of community facility uses. The proposed zoning action will provide for a more consistent density pattern in the local area. Considering the availability of community infrastructure and services, and the applicant's commitments in the PUD document, staff concludes that the proposed changes to the PUD document are consistent with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). In addition to an evaluation of the proposed rezoning action to the Comprehensive Planning consistency review. an evaluation of the proposed action compared to existing land uses is required. The discussion of the relationship to existing land uses concerns the compatibility with the adjacent properties to the north, south, east, and west. The subject site is within a half-mile of an Activity Center, which permits commercial zoning, and a maximum of sixteen residential dwelling units per acre. The surrounding development, within one mile of the Warm Springs PUD boundary, consists of a range of densities and dwelling types: Crystal Lake PUD with Park Trailer and Recreational Vehicles at a density of 2.89 units per acre, Brittany Bay PUD with single and multi-family units at a density of 8.16 units per acre, Bristol Pines PUD with single family units at a density of 6.98 units per acre, Summit Place PUD with single and multi-family units at a density of 4 units per acre, and Tuscany Cove PUDA-04-AR-6142, WARM SPRINGS PUD 8 Agenda Item No. 8A January 11, 2005 Page 13 of 111 PUD with multi-family units at a density of 10.25 units per acre. From review of the surrounding development within the local area, a consistent pattern of dwelling type and density cannot be established. Within one mile of the subject property, there is a 7.36 unit per acre range in density within adjacent developments (Tuscany Cove @ 10.25 DU/A and Crystal Lake @ 2.89 DU/A), with the other surrounding residential projects falling within the range. One aspect of the development pattern of the area that is fmnly established is the location of the Activity Center that encompasses a portion of the Warm Springs PUD. It is the location of this Activity Center to Warm Springs, and the commercial activity and higher residential densities that Activity Centers contain, which inclines staff to conclude that the proposed density would be compatible with the existing and future land use pattern of the local area. Additionally, the Warm Springs PUD contains a requirement that 10 percent of the authorized units be dedicated to affordable housing. It is staffs belief that the provision of affordable housing by the PUD, in addition to the density compatibility, makes the proposed amendment one that will not detract from the land use environment of the local area, while providing a contribution to the affordable housing stock to the County. NEIGHBORHOOD INFORMATION MEETING: The petitioner held a Neighborhood Information Meeting on August 17, 2004, at 5:30 p.m. at Faith Community Church, 6455 Hidden Oaks Lane, Naples, FL. Approximately 12 individuals, including the applicant's team and county staff, attended the meeting. Of those persons that spoke, most expressed no opposition to the proposed rezone request. Agent for the applicant, Mr. Michael Fernandez of Planning Development Inc., made the following statements during the presentation: · A total of 598 units is to be developed. · The units will be sold as "fee simple". · 10% of those units are to be marketed as "moderate level affordable housing" throughout the development. · Direct access will be provided from Tree Farm Road. · Sidewalks will be constructed on both sides of Tree Farm Road. · Seventy-one of the 119.45 acres will be held in preserve status. · Preliminary Site Development Plan currently under review depicting three lakes, thirty 3-story condos of eighteen units each. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPe) forward a recommendation of approval of Petition PUDZ-A-2004-AR-6142 that repeals Ordinance Number 03-64 as described by the Ordinance of Adoption and exhibits thereto, the Warm Springs PUD regulatory document, subject to the conditions of approval that have been incorporated in the PUD document. PUDA-Q4-AR-6142, WARM SPRINGS PUD 9 Agenda Item No. 8A January 11, 2005 Page 14 of 111 PREPARED BY: ~~~ 11-2«1-0'1 MIKE BOSI, AICP, PR1NC1PAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: ~~ /?-N~ RAY BEL VIS, MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVEWPMENT REVIEW ~~ I~JI/O" USAN MURRAY, AICP, DIRECTOR DATE' DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW Tentatively scheduled for the January 11,2005 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN PUDA-04-AR-6142, WARM SPRINGS PUD 10 Agenda Item No. 8A January 11, 2005 Page 15 of 111 PUD FINDINGS PETITION PUDZ-A-2004-AR-6142 Chapter 10.02.12 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners be supported by the following findings, where applicable: 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 PUD document give assurance that ail infrastructure will be developed consistent with County regulations. Any inadequacies, which require supplementing the PUD document, will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. The Wann Springs PUD was found suitable for the type and pattern of development in the area. The ability of the PUD and neighboring future developments to use Tree Farm Road as a mutual access point would ease the flow of traffic along Collier Boulevard. 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 PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. Staff analysis indicates that the Warm Springs PUD is consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this confonnity is addressed in the Staff Report. 4. The internal and external compatibility of the proposed uses, which conditions may include restrictions OD location of improvements, restrictions on design, and buffering and screening requirements. The PUD Master Plan has been designed to optimize internal land use relationships through the use of various fonns of open space separation (i.e. EXHIBIT A 1 Agenda Item No. 8A January 11, 2005 Page 16 of 111 preserves, lakes, golf course, etc.). External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. Staff analysis indicates that the Wann Springs PUD is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The existing PUD is undeveloped and therefore consists entirely of open space. The proposed PUD will meet the LDC requirement for 60 percent open space in residential developments. 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. The PUD is required to meet concurrency requirements at the time of Site Development Plan approval. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability to expand, 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 which is available to this site. Infrastructure is in place in the vicinity and its adequacy will be determined at the time of SDP approval. 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. The proposed Wann Springs PUD confonns to PUD regulations or requests deviations that staff analysis finds justified. EXHIBIT A 2 ---_.- Agenda Item No. 8A January 11, 2005 Page 17 of 111 REZONE FINDINGS PETITION PUDZ-A-2004-AR-6142 Chapter 10.03.05 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 Growth Management Plan. Staff analysis (see attached Staff Report) indicates that the proposed PUD is consistent with the goals, objectives, and policies of the Future Land Use Map and the other applicable elements of the Growth Management Plan. 2. The existing land use pattern; The parcel is adjacent to residential uses on the north, west, and portions of the south. Portions of the abutting properties to the south are agricultural (however a rezone petition has been submitted for the remaining adjoining south properties). The property to the east is also agricultural. According to the Growth Management Plan, the proposed rezone is consistent with the existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The parcel is adjacent to residential and agricultural uses. Analysis of the surrounding uses indicates that the POO will not create an isolated, unrelated zoning district. 4. Whether existing district boundaries are iUogically drawn in relation to existing conditions on the property proposed for change. Since the PUD is consistent with the Growth Management Plan, the district boundaries are logically drawn. The CUlTent district boundaries are logically drawn, since they are consistent with the Growth Management Plan. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The condition that permits the subject property a higher residential density has not changed. The petitioner feels that implementation of the concurrency management EXIDBITB 1 Agenda Item No. 8A January 11, 2005 Page 18 of 111 system will allow the residential density prescribed to the PUD to better align with that allocated by the GMP. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; The parcel is surrounded by existing residential uses, or agricultural lands eligible for rezoning to residential. The proposed amendment will not adversely affect living conditions in the neighborhood. 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. Analysis by the Transportation Services Division has determined that the proposed PUD will not increase traffic congestion from that generated by the PUD which is currently approved, or create types of traffic deemed incompatible with surrounding land uses. The proposed amendment will not increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses. 8. Whether the proposed change will create a drainage problem; The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the pennit. The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The proposed land uses will be required to meet building setbacks and height restrictions. All projects in Collier County are subject to the development standards of the zoning district in which they are located. 10. Whether the proposed change will adversely affect property values in the adjacent area; This site is adj acent to other residential uses. The density associated with the petition is consistent with the density permitted within the surround developments. Within this petition, an appraisal of estimated future property values resulting from a rezone was not required. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; EXHIBIT B 2 ---.- -,.-'.. "_,.___e Agenda Item No. 8A January 11, 2005 Page 19 of 111 The development of adjacent properties in accordance with existing regulations will not be affected. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Since the proposed PUD has been found to be in compliance with the Growth Management Plan, the proposed change will not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The property today could be used for to construct a smaller number of residential dwelling units, as allocated within the existing Nicaea PUD document. However, the Growth Management Plan, with the presence of the residential density band covering a portion of the subject property, permits a higher density than currently allocated. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The change is consistent with the Growth Management Plan. Since the proposed PUD complies with the Growth Management Plan, it is not out of scale with the needs of the neighborhood or County. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many similar parcels in the County. The petitioner wishes to construct residential uses on this parcel. 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. While site conditions may restrict the location and square-footage of the buildings, they would not render the property unusable. 17. The impact of development on the availability of adequate public facilities and senrices consistent with the levels of senrice adopted in the Collier County Growth Management Plan and as dermed and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. EXHillIT B 3 _.- - - Agenda Item No. 8A January 11, 2005 Page 20 of 111 The rezoning of this property will eventually result in the creation of a residential development The Site Development Plan or Plat will be reviewed for compliance with the Levels of Service required for public facilities in the area. EXHIBIT B 4 --_...~ ------------..- .-.-- -,. Agenda Item No. 8A January 11, 2005 Page 21 of 111 i APPLICATION FOR PUBLIC HEARING FOR: []PUD REZONE (PUDZ) ~PUD TO PUD REZONE (PUDZ-A) Petition No.: Planner Assigned: Date Received: Commission District: ABOVE TO BE COMPLETED BY STAFF 1 . General Information: ~ame of Applicant(s) NaDles Syndications. LLC Applicant's Mailing Address 540 Mvrtle Road City NaDles State FL Zip 34108 Applicant's Telephone # 516-938-1828 Fax # 516-938-0546 Applicant's E-Mail Address: Robert(ã),bobsinl!:er.com Name of Agent Karen BishoD Finn PMS. Inc. of NaDles Agent's Mailing Address 2335 Tamiami Trail N. #408 City Naples State FL Zip 34103 Agent's Telephone # 239-435-9080 Fax # 239-435-9082 Agent's E-Mail Address: karenbishoD@DmsnaDles.com COLLIER COUNTY COMMUNITY DEVEWPMENT DEPARTMENT OF ZONING AND LAND DEVEWPMENT REVIEW 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Application For Public Hearínl! For pun Rezone 6/14104 ---...--..---..- - Agenda Item No. 8A January 11, 2005 Page 22 of 111 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: Mailing Address City State _ Zip Name of Civic Association: Mailing Address City State _ Zip 2 . Disclosure of Interest Information: a. lfthe property is owned fee simple by an 1NDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage,of such interest. (Use additional sheets if necessary). Name and Address 111 +/- Acres: Barton and Wendy L. McIntvre Percentage of Ownership 100% bv the entirety 8 +/- Acres: Joseph Mal!dalener 100°;" 119 +/- Acres: Total Parcel ADlJllcadoo For PQbl1c Heariœ For PUD RezoH 8/29/03 Agenda Item No. 8A January 11, 2005 . . . Page 23 of 111 b. If the property IS owned by a CORPORATION, list the officers and stockholders ãnd llie percentage of stock owned by each. Name and Address, and Office Percentage of Stock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest d. If the property is in the name of a GENERAL or LIMITED P AR1NERSIDP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Nanles Syndications. LLC Robert Sine:er. Manae:er Linda Sine:er. Manae:er I Member Amir Cbaluts. Member Ben Rasabi. Member' Seme Hovd~ Member Steve Rasabi. Member 00% 25% 200/0 20% 100/0 25% DæeofConùact: Inlffl4 AØDlkatioD For Public Rean. For PUD Rezoae 8J29J03 , Agenda Item No. 8A January 11, 2005 Page 24 of 111 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address N/A g. Date subject property acquired (N/A) leased (N/A ):_Term oflease N/A vrsJmos. If, Petitioner bas efMioB. to Buy, iBèieøte Elate of option: Petitioner has a contract / aneement for deed dated 1121/04 and date option tenn;nate.<;: , or anticipated closing date 12/19104 h. Should .any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public . hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed le2al deseriDtion of the DroÐertv covered bv the apolication: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate.legal description for property involved in each district. Applicant sball submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the conect legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 26 Township: 48 S Range: 26 E Lot: Block: Subdivision: Plat Book_ Page #: Property I.D.#: 00192960003 Legal Description: The subject property being 119± aeres is fully described as the South % of the South ~ of the South ~ less the west 100 feet thereof; and the South % of the North % ofthe South ~ of the South % less thewcst 100 feet ~ereof; an in Section 26, Township 48 South, Range 26 East, Collier County, Florida. 11 . Size ofnrooertv: 1004 +1- it X 5163 +/- ft. = Total Sq. Ft. 5.183.640 +/- Acres 119 ± Aaiullcatio. For P.bß(. Hearill2 For PUB Rezooe 8129103 "<~"'"'_''"_'''''_'''''_"~''~' ----.- Agenda Item No. SA January 11, 2005 Page 25 of 111 5. Address/2'enenllocation of subiect property: . East side of Collier Boulevard. approximately one mile south of Immokalee Rd. Collier County. Florida 6. POO Distrid (LDC 2.220.4): X Residential 0 Community Facilities o Commercial 0 Industrial 7. Adiacent zonine: and land use: Zoning Land use N POO Crystal Lake RV Park S AlPOOIPU Vacant I Bristol Pines POD I Provisional Use E AICU Calusa Pines W ROW Collier Boulevard (CR 951) . Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal-description of entire contiguous property. (If space is inadequate, attach on separate page). NI A . Section: Township: Range~ Lot: Block: Subdivision: Plat Book_ Page #: Property 1.D.#: Metes & Bounds Description: 8. Rezone Request: 1bis application is requesting a rezone from the POO zoning district(s) to the POO zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property: Residential Original PUD Name: Nicaea Academy POO -11118103 Original PUD Name: Nicaea Academv POO - 08/01/00 (Copies of both ordinances provided) Ordinance No.: 2003~ Otdinance No.: 2000-52 Åooliadon For PubliC! Hearill2 For pun Rezont 8/29/03 9. Agenda Item No. 8A January 11, 2005 Page 26 of 111 Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or prÇ)perty owners association in the area for which this use. is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. . N/A , 10. Previous band use petitions on the subject Droperty: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the naturè of that hearing? CCBOCC Niatea Academv PUD -11/18/03 AooliatioD For hblic "Mal! For PUD Rezoae 81'19103 - ..------. IiJaEi!OO TRAFFIC IMPACT STATEMENT l. FOR WARM SPRINGS . RESIDENTIAL COMMUNITY (pROJECT NO. 040805) PREP ARED BY: Metro Transportation Group, Inc. 12651 McGregor Boulevard, Suite 4-403 Fort Myers, Florida 33919-4489 239-278-3090 August 24, 2004 Agenda Item No.- SA J~nuary'11, 2005 Page 27 of 111 'v~ -leid C. Fellows, P.E. Licens~1L"tj~. 61673 . . 1-yOY . í . ! I I . ¡ I I \ . \ I . 1 rtra [W)) . . CONTENTS I. INTRODUCTION II. EXISTING CONDITIONS ill. PROPOSED DEvELOPMENT IV.. TRIP GENERATION v. TRIP DISTRIBTJTION VI. FUfURE TRAFFIC CONDITIONS Agenda Item No. 8A January 11, 2005 Page 28 of 111 VII. . PROJECTED LEVEL OFSERVlCE AND IMPROVEMENTS . VIII. CONCLUSION -_.---- ffu3~. Agenda Item No. 8A January 11, 2005 Page 29 of 111, I. INTRODUCTION Metro Transportation Group, me. (Metro) has conducted a traffic impact statement for the proposed 119.45~acre Warm Springs Residential Community. The site is located on the east side of Collier Boulevard at the northeast comer of its intersection With the future Tree Fann Road in Collier Coùnty, Florida. !he site location is illustrated on Figure 1. , The proposed Warm Springs Residential Community will allow for the development of approxïniatèly 540 multi~family residential dwelling units. Access to the site will be provided via two acceSs points to the future Tree Farm Road. ' I i This report examines the impact of the development on the surrounding roadways and intersections. Trip generation and assignDients to the vario~ site access drives will bè , completed and analysis conducted to detennine the impacts of the development on the surrounding intersections. u. EXISTING CONDITIONS I 1 The subject site is currently vacant. The site is bordered to the south by Tree Farm Road. , , To the west, the site is bordered by Collier Boulevard. To the north, the site is bordered ." , " , , by the existing Crystal Lake Recreation,al Vehicle Resort. To the east, the proposed development is bordered by vacant agricultural parcels of land. ' Collier BO,ulevard'is a two-'lane arterial roadway ill. the vicinity of the subject site. , Collier Boulevard has a posted speed limit of 55 mph and ~s under the jurisdiction of 'Collie~County. The' 20Ó3 Collier County Annual Update Inventory Report (AUIR) , indicates the six laning òf Cóllier Boulevard along the' frontage of the subjeèt she to occUr in Fiscal Year 2005., This ifuprovement was accounted for in' the an81ysis performed" in this report for the build-out ~f the site. l. ¡ Immokale~ Road is a four-Iàne arterial roadway to, the west of CoiIier Boulevard and a two-lane roadway to the east of Collier Boulevard. The above mentioned Collier County , Page 1 ~ ~MI.!¡ ) , .. js0~ I tJ 'V ± \! -.. I" -- ~ ~ Þ-~ .-..a æ Qu.u CTNl< 8! ...",. count", t1u ¡;f¡ ) 17 ~ Ll 34~19 \ \ i \.. \ -~ ~ QUAI. .l i I bC.....--\. ~E ~~':"~ i \ (æ ~i"' ,,¡\1 CounlJ)' ì - ~~ ~-':. ~ \ ð ~ o.b J)i~' 19 ¡' ;. · ',-' ~ - .J !. i ~;;:~ II.!!/ 8 IIì:; ~ ~ .... 109 \ 1/ L- - tJl ~ 30 -- æ ~ 2! -.-- -.- .--- ! .--- \ -' . .........<>~~ -J (: 32 f' '--"- ~~; r_... ---eII~9 ....=:~"....,- r.--ì ~~~~TI'~~p ., ,. ~ ~ ,(1 !f I~ --/ ,--¡ ~"Ii ¡II ..::i "n~ ~ J£.\..&c g Thoof~ ~ CJ __ ... Þ- ./ "';-J -...r (~!' ~ --- \ l . -- "1 ,...- '- I I. (~D) PROJECT LOCATION MAP WARM SPRINGS RESIDENTIAL COMMUNITY Figure 1 . " Janu.ârYJ 1 20tJS . ~age 30 ,n 1 t. , 11 N -". .... - - . - -., - -.-- ~ti - . :L::·.'V.~~~ .:: - .- - .' -.. "- ; . - -.' - 'S -" . - N.T.S.. '. ;;.' 9 10 Q~, + - 16 . . - - 15 ., 14 , "\ ., t: , , )-\ ri , + + 34119 ( !; m~ 22\~ ~ ..... . ,\" .... ~ 21 ~ r !' R I - -I i~ mj:~ 1_1FJ1 0, -'~ ;qicrt r~ It 'I!'" : j -~~. ~~ \ ;2.", - - - - . /r" ~/Ij 'J I"'.. ..... 34 19 " Co.. - ~L)¡ '1\ ....:" . ~",: ~ ë:tì· : u__ r 'Ï'-{~ 'Ut: I ,,~ j i - ~ ~ s 1\ ;; , '5- 3412~ --~ _.- ¡' ~' ~ 2 ..... I .. . 4 3 Ii --- ~~~ --- _....~ .-- I ~ ~: ,.-. ~. ...... --""",. -- ..., ~'-"~!iJm ŒI ,..,.,. MMIlt"~... -"'"""" . . ; ..-- ~ ~ , < J " ~ 1 ~ . - ., - ~ 1111"'. - -IIIM~-I.;,¡ I .\ ~-- ~ ~ h ---------- rfu3fiID) AUIR. indicates the siX-Ianing of Immokalee Road to the west of Collier Boulevard by Fiscal Ye~ 2006. In addition, construction is currently underway on the six-Ianing of the existing two-lane segment of Immokalee Road to the east of Collier Boulevard. These roadway improvements were accounted. for as a part of this analysis. Agenda Item No. 8A January 11, 2005 Page 31 of 111 III. PROPOSED DEVELOPMENT The·proposed re;.zoning of the subject site will allow for the development of the Warm Springs 'Residential Community to consist of approximately 540 multi-family ownership dwelling units within Collier County. Table 1 summarizes the land úse utilized for trip generation purpòses for the subject development. , ~~:- Î41JÜJ:iJJ~· Multi-Family UC 230 540 dwelling units Access to tþe subject site is proposed via two access locations to Tree Farm Road. The two access points will consist of a right out only access approximately' 700 feet to the east of Coll~er Boulevard -and a full access -approximately one half mile to the east of Collier Boulevard on Tree FarÌn Road. Thé development traffic can proceed west to Collier- Boulevardwhere full turriing movèmentswill be allowed. lV. TRlPGENERATION The trip generation for the propósed development was detennined by referencing the Institute of Transportation Engineer's· (ITE) re~ titled Trip Ge),eration~ 7th Edition. . , . . Trip generátion calculations were performed for the development baséd on the proposed 540 multi-family dwelling units. Land Use Code 230 (Residential Condominium! . . . Townhouse) was utilized for trip generation purposes. The equations for this land use are contained in the Àpþendix of this report for reference. . Table 2 ~>utlines the anticipated ¡ L. Page 3 Agenda Item No, 8A January 11, 2005" , (lli3 íiØJ . Page 32 of 111 weekday A.M. and P.M. ·peak hour trip generation of the proposed re-zoning of the Warm Springs Residential Community. The daily trip generation is also indicated within Table 2. 35 165 . 200 160 80 240 2,690 v. TRIP DISTRIBUTION , ' The trips shown in Table 2 were then assigned to the surrounding roadway system based on the anticipated routes the drivers will utilize to approach the site. The drivewày volumes shown in T~.ble 2 were assigned to the proposed site acceSS" drives. The project distribution utilized for the Bristol Pines RPuD at the southeast comer of the Collier Boulevardffree Faim Road intersection was utilized for this TIS as well. The project distribution for the proposed development rezoning is indicated in Figure 2. Based on the tmffic distribution indicated within Figure 2, the project"tÌ'affic was distributed to the projects' access points. Figure 3 indicates the site traffic assignment of the Warm Springs Residential Community based on the proposed ~cess locations to Tree Farm Road; --- In order to deternûI1e whiçh roadway segments surrounding the site will be significantly impacted, Table lA, contained in the Appendix, was created. This table indicates the impact percentages on the area roadway network. In accordance with the Significance 'Test from Collier County .ordinance 3.15.6.4.3, the devel~P?Ient traffic was compared tö the Level of Service Standard fot Peak Hour - Peak Direction tráffic conditions as· defined by the latest concurrency data within the updated 2003 Collier . County Concurrency Spreadsheet provided by the Collier County TrimsportationPlanning Departmei1t. The Level of Service threshold vol~es were obtained from 'the Collier County ART-PLAN Level of Service Spreadsheets and the 2002 ¡<DOT Level of Service Page04 \ " 1 I I I L. . ¡ l.. I ì \ l.. on o 8 ~ ! 1 . l....> (~DJ IMMOKALEE ROAD +50%+ It) ,.... ..L VANDERBILT BEACH ROAD +15%+ LEGEND +200/0+ PERCENT DISTRIBUTION +10%+ + 70% + SITE + 30% + w E S N.T.S. ROAD + ~ 15% ¡¡¡ + ..J :J o co cr: GOLDEN GATE BLVD. w :J t 8 15% + PROJECT TRAFFIC DISTRIBUTION WARM SPRINGS RESIDENTIAL COMMUNITY Figure 2 I i I I . .,,..- l. w S N.T.S. r----------------------------------ï , I I I I I I I I t I I I I I SITE I ê I I I I ~ êl ~ I ~ '.. ~ I ~ Z I .. : N'-115(55) exll exI'I'--(-) I ~ ..ç 50(25)___" 1+ 80(40) ________ ., ~I + -(-) ___J I' (160) 35 + TREE FARM ROAD (160) 35 ; ~ H-+ c a:: ê ~ ~ W ..J ;:) o CD a:: w ::¡ ..J o () ~ cò o ~ u.. LEGEND + 000 WEEK DAY AM PEAK HOUR TRAFFIC +(000) WEEK DAY PM PEAK HOUR TRAFFIC flJE1ñ°) SITE TRAFFIC ASSIGNMENT WARM SPRINGS RESIDENTIAL COMMUNITY Figure 3 .....~.>-~-~--_...~_.,.,. , Agenda Item NO. 8A January 11: 2005 Pa.ge 35 of 111 fi¡å .ra:œ Handbook - Generalized Peak: Hour Peak Directional Volumes for Florida's Areas Transitioning into Urbanized Areas.. The FDOT Level of Service Handbook was reviewed due to the proposed roadway improvements included within this analysis. A copy of the Level of Service Handbook volumes is included within the Appendix of this report. Table 3 indicates the adopted Level of Service Standard for the surrounding roadways. ~'" ..: -""; ~' ::~.·"f'f·~~~~#~y..::~i'7.:' . ..:,:~.:.~,;·-~:fJ<~.".·.~,"'..,.:,-,~_..,.~.. ·'f', '. Immokalee Rd ' Tree Fann Rd Collier Boulevard Tree Farm Rd Vanderbilt Beach Rd Golden Gate Blvd Vanderbilt Beach Rd Golden Gate Blvd Pine RidgeRd Collier Blvd In1mokalee Road 1-75 Collier Blvd Oil Well Rd Vanderbilt Beach Rd Logan Blvd Collier Blvd VI. FuTURE TRAFFIC CONDITIONS ':""~>f'>'-' . '.\)1.· It was assuni~ that the proposed Warm SpIÚ1gS' Residential CommUnity would be completed by the year 2009. The 2009 background traffic vòlumes were calculated by increasing the existing tràffic volumes from the most recent 2003 Collier County Roadway Concurrency Spreadsheet by the appropriate' annual growth rate ,for the roadway link. . The annual growth rate for each roadway link was taken from the Collier County 2003 Average Daily Traffic Report. Table 2A in the Appendix of the report indicates the 2009 peak: hoUr, peak direction background traffic volunìes for the roadway links that are significantly impacted as a result of the proposed Wann Springs Residential Community. Table 4 indicates the percent impact to the adopted Level of Service for Page 7 --- ---- ;~ rtla iimJ . each link within the study' area. As can be seen in Table 4, the only roadway link that will be significantly impacted is Collier Boulevard to the north of Tree Farm Road. Agenda Item No. 8A January 11, 2005· Page 36 of 111 . Collier Boulevard . "'-;ä' .~. .' ..'" .'......-. .} ...... .', .:.....~:': ,::~,~\ ,~-._: ;-~~:~:.~ 1.8% 1.8% 1.1% 2.5% 0.6% 0.9% Immokalee Rd Vanderbilt Beach Rd . Based on the project distribution shown in Figure 2, the significantly impacted links were' analyzed for the build-out traffic conditions of the Wann Springs Residential CommWlity both with and without the development traffic. Figure 4 indicates the year 2009 peak hour - peak directio~ traffic volumes and Level of Service for the various roadway links within the study area based on the traffic projections for the proposed Wann Springs Residential Community. Noted on Figure 4 is the peak hour - peak direction volume-and Level of Service of each link should no development occur on the subject site and the peak hour - peak direction volume and Level of Service for the weekday A.M. and P.M. peak houts with the development traffic added to the roadways. VII.. PROJECTED LEVEL OF SERVICE AND IMPROVEMENTS 1---'- FigUre 4 details the Level of Service for aU links iì1side the project's area, of ïnpuence. These Levels of Servi~e were derived based on . the Lèvel of Service thresholds indicated within the Collier COWlty ART-PLAN Level 'of Service S~readsheets añd the 2002 FDOT Level of Service Handbook as previously indicated. Table lA in the Appendix details the calculations to determine the Level of Service on tlÍeanalyzed links based on . . . the build-out traffic conditions of the Wann Springs Residential Community. I ì l _ Page 8 i i II i I It) o OÒ o ! u. 1 i L [~D) N W*E S N.T.S. IMMOKALEE ROAD It) ~ 1 ,118 - "B" (1,234 - "B") [1,230 - "B'1 VANDERBILT BEACH ROAD LEGEND XXX - "C" 2009 PEAK SEASON PEAK HOUR PEAK DIRECTION BACKGROUND TRAFFIC AND LEVEL OF SERVICE DESIGNATION (XXX -"C") 2009 PEAK SEASON PEAK HOUR PEAK DIRECTION BACKGROUND TRAFFIC PLUS AM PROJECT TRAFFIC AND LEVEL OF SERVICE DESIGNATION [XXX -"C"] 2009 PEAK SEASON PEAK HOUR PEAK DIRECTION BACKGROUND TRAFFIC PLUS PM PROJECT TRAFFIC AND LEVEL OF SERVICE DESIGNATION SITE ~...,~, 1 "r;..-..., ~~' ," - ." - "::"~_-.c.·"rt... .~ ,- ~~'".< . '.' January 11, 2005 Page 37 of 111 1 ,118 - "B" (1,168-"B") [1,166-"B"] ~ ~ W ..J ::I o m 0:: GOLDEN GATE BLVD. w oJ oJ o () 2009 BUILDOUT TRAFFIC CONDITIONS WARM SPRINGS RESIDENTIAL COMMUNITY Figure 4 - (ua~ Agenda Item No. 8A January 11, 2005 , Page 38 of 111 As càn be seen from Figure 4. allroådway links significantly impacted by Ute proposèd,' Warm' Springs Residential Community will function under' an acceptable Level of ,'Service when the development traffic is added to the surrounding roadwày network. In addition" all roadway linkS are shown to operate .at !he same Level of Service as projected without the subject development. Therefore, no roadway improvements will be required as a result of the proposed Warm Springs Residential Community. Intersection capacity analysis wàs performed at the Collier' BoulevardffreeFarm Road intersection. The proposed Warm, Springs Residential Community' traffic indicated within Figure 3 waS added to the intersection traffic indicated withiri the most recent Bristol Pines' TIS. The Bristol Pinès intersection analysis cån be foùnd in the Appendix of this report for reference. The turning movement volumes were then applied to the , ' Collier Boulevardffree Farm Road intersection; and the appropriate lane arrangements were entered in the SYNCHRO~ 6 software due to the HCS2000 software's inability to analyze unsignalized intersections on 6:-làne roadway~. The intersection was analyzed based on the A.M. and P.M. peak hour traffic projections' for the proposed rezoning of the Warm Springs Residential Community. Attached in the Appendix of this report are the resultant SYNCHROc 6 HCM unsignalized inte~section analysis data sheets,. In order to illustrate the results of the intersection Level' of Sérvice analyses, Table 5 was created. The Level of Service of , ' ' each intersection approach at the Collier Boulevardffree Farm Road intersection is shown in Table S. , i ' Table ~ WanD Springs Residential Community IntersectiOli LOS Àna sis ReSults c E E ,- Based on ,the ,mtersec~on capacity analyses perfoni1èd as 'a result of this report, all interseCtlonapproaches are shown to operate acceptably when the development' traffic' is Pag~ 10 ----_.-_... ...~.,"",.,----~ rW3~ Agen'da Item No. SA'. JanLiaty 11., 2005 . Page 39 of 111 added to the surrounding roadway network. LOS "E" is not an ideal Level of Service for " the westbound approach to Collier Boulevard on Tree Farm" Road., " but it does not represent a failing Level of Service. Currently, Collier County has hired a consultant to coIl1plete the construction plans for the six laning of Collier Boulevard bètween Immokalee Road. and Livingston Road. The plans are near 90% completion. It is Metro'l) understanding that the 90% design plans will indicate a full median opening on Collier Boulevard at Tree Farm Road. This intersection is being designed as a ful" median opening with the intent that it will likely operate under signalized conditions. Should this intersection operate under signalized conditiòns, the Level of Service of the Collier Boulevardffree Fànn Road iritersection could be as gòod as LOS "B" depeµdirig on the signal timings. When signal warrants are mét at this intersection, the signal win be paid for jointly by the Developers of the properties that access Tr~e Farm Road. Regardless, the signalization of this intersection is not required as a result of the Warm Springs Residential Community. Therefore, no intersection improvements, beyond potential turn lane improvements, will be required as a result of the proposed Warm Springs Residential Community. i Lc Turn lane improvements will be required when the development tfafflc is added to the surrounding 'roadway network based on the Collier County Ordinance 93-64. Both a no~bound right turn lane and a southbound left turn lane will bè required on Collier Boulevard at TreeFarm Road. These turn lanes are being designed as a part of the six- laníng of Collier Bou1evard. In addition, an eastbound left turn lanewiU also be . warranted on Tree' Farm Rpad at the full' site" access intersection. Table 6 below indicates " the' n~essary turn· lane lengths at the site acCess intersections based on both access scenarios. The turn làne storage length for the southbound left turn lane required on Collier Boulevard at Tree Farm Road was based on the Queue Length from the SYNCHROc 6 report indicated within the intersection analysis. In addition, no turn. laiie storage was indicated for the eastbound left turn. lane on Tree Farm Road due to the lack of throùgh traffi.c. Page 11 I l ' !' , l....¡ 1. l, I I (Oalil!)) Agenda Item .No. 8A JanUary 11 , 2005 Page 40 of 111 405· feet Collier Blvd @ Tree Farm Rd 480 feet 155 feet Tree Fann Rd' Site EB left 205 feet ' t _ The storage length for thèse tuÌ1Ilancs W8S based on the 9S percentile Queue Length tTom the SYNCHROo 6 intersection ai1alysis. No storage was assumed fur the EB left onTree Farm Rd due to the tack oftliroUgh traffic on Tree Farm Road The turn lane improvements indicated wi,thin Table 6 reflect the' requirements after the addition 6fboth the Bristol Pines RPUD and the Warm Springs Residential Community to the Collier County roadway network. VIII. CONCLUSION Thè proposed Warm Springs Residential Community at the northeast comer of the intersection of Collier Boulevard (C.R. 951) and Tree Fann Road wi,thin Collier County, Florida will not adversely impact the existing ro~dway network. The surrounding roadway network was analyzed based on the projected 2009 build-out ~affic conditions. ' Based on the' analysis contained within this report, all roadw~y se~en~ 'significantly impacted as a result of the Warm Springs Residential Communitý will operate at or above the Level of Service Standard for that roadway as established within the 2003 Collier County ÀUIR. when the development traffic is added to the roadways. ' Turn la1Ìe analysis was performed as a result of the proposed Warm Springs Residential CommUnity and the approved'~ristol PiÌ1es RPUD. The required turn lane "improvements a.re indicated within Table 6 of the previous section of' this. report. ' In addition; intèrsection capacity analysis was performed ~t the. Collier Boulevðrctrrree Farm Road intersection-.' ~ased on the results of the capacity analysis, all approaches will' operate under acceptable Level of Service conditions when the project traffic is ádded to the intersection. 'Therefore, beyond the tùm ~ane improvements, no roadway improvements , . will be required as a result of the proposed Warm Springs Residential Conuiluriity. -- \k:\2004\08\OS\report.doc Page 12 APPENDIX ! L. lJ Agenda Item No. 8A January 11, 2005 Page 41 of 111 Agenda Item No. 8A January 11, 2005 Page 42 of 111 TABLES lA & 2A I <1.0..- :; en I ~ "if!. ~ <f!. <f!. <f!. ~ COO"- 0 9 ... «! «! It) 10 (J) . c..- II:: ~ ..t "": N 0 0 ON...... A. ... .... z .0 E~~ $ ~Q) l- I ~ -roO) 0 ro::::Jro -0 eo.. W CO 0 ~ It) C') r-- It) ""- ero a ... 10 N lID .... N ~ ( )-' ... 0) II:: ~ 'Í < 0- J: I l- I- I ~ ffi ~ ~ ~ ~ ~ ~ ~ ~ .!!l 8 8 8 8 0 8 Æ .,; 0 a 0 0 Õ II:: 0 g g on 0 0 on õ w II:: r-- ... &0 ... ... § ~ A. A. ! II! J 0 0 ¡$ 0 0 0 ¡$ t- 18 (J) (J) lID &0 C") ê š .... .... .... ... N r-- r-- rn N N N N C') N N 0 ~ i ...I 0 0 0 0 0 0 0 ~ ~ .. \1 Q I ,g ~ "[ a: w 0 0 0 g ~ g 0 c I ~ en (J) (J) (J) (J) G> < 0 .... r-- r-- ... N r-- r-- "" .9 S Q ...I N N N N C') N N m !! !! Z ~ "0 .,; Ü ~ I J õ ! Q 0 ~ ~ 2 0 g ~ 2' .E U) It) 2 en (J) &0 co 9 r-- r-- r-- .... N r-- r-- í 'ë c zU) ... N N N N C") N N ~ I ~ .¡ 00 !! c "" CI _...1 I € ~ .c .¡¡¡ <I-~ II II 0 G> (.) II! 0 0 8 0 0 ~ 0 ~ _o~ ~ ~ en 0 0 ~ 0 C") '2 ~ 8 9 co co co ~ .... ~ ~ :¡¡ W W . 0 0 N N N .... ... a ..Ja:::U) '2 ! § .~ më> .. '0 ~ I t WI ~~~ CD J C") .s 0 0 ~ ~ 0 0 0 0 a: c ! &0 10 en 10 ... 10 10 r-- ¡¡;: <u.. C') .... 0 N .... N ~ '<t I! j Wu.. ...J N N N .... N .... 'jjj G> Q.~ ~ .,; c E G> ~ ,g .!!! I- < I ..§ => j ! l- II II ~ 0 0 0 ~ 0 ~ 0 1 ~ ~ ~ .... .... [:) r-- ..,. .B "" 0 C') C') .... C') C") N ~ g' c ...J i w ~ '15 ! ""') CD "" "" 0 >- .4! 'Ii .æ ~ c a::: ~ ~ ~ I! >- 0 0 0 0 0 0 0 t- ~ aI Q. '" ~ ... ....I ....I ... ....I ....I ... ~ .. ~ co co co ..,. 10 \0 ..,. j e ::¡: ::¡: ~ i ~ Q.. II:: .WI i "0 > .a . 8 i ~ ~ .š N N "0 'E 11 II ~ :g III ë "0 U U .c -g j ¡¡: ¡¡: u ãi ..c: LL LL 't::I 't::I III t- en ~ ~ II:: a:: Æ .! ] -g ~ i B E E * III Æ l- I- ~ G II:I ãi ãi l- t III III ... i u i LL LL ~ ¡ .!!! ... 'õ 'õ w w ~ Q) 't::I 'iš j! ... a e c õ õ õ J 'CD 0 I- ~ G U 0 U > ~ G> II:: a:: Õ Õ - 'õ - - - -' 0 0 Q.. Q.. 0 0 .! ID a:: II:: :Z vi vi vi ~ u.i ~ ..c: l- t- :J :J 0 0 ~ ::¡: ::¡: ~ ~ 'E 't::I .c iii iii Q u ~ 0 tII Q.. Q.. .J! II:: Æ ~ :E I rB .I ~ a. :e ... ....I ~ ~ ~ i GI 't::I E c: 0 g 8 .Ë ~ I- 4:LQ..- i i I~ ~O-r- 0..- I ! :-.,¡-- ~ i .0 E~~ .- III + 2è(]) -roC) o a ro:::Jro 18 -OC:(L I I If ... c:ro ~ Q), ~ . 01 ... 4: III + ""I IJE 0 IE ... .... a 0. ~ I~ 0 0. It) . U) z !itl~ 0 ~ ¡::: ~ w 8 ~ i ~ 0 j :¡j :;:) 0 i ; ~ ...I I III: :2 c( x: 0 ~ ... 0. III ... ... c f z c( ~ I U) III: l- i x: ~ ~ 0> <z ~ § N 0. N:;:) ~ Wo 0. ...10 =l~~ IDO ~ <- i :8 :8 ...u.. u.. ~ .,;: .,;: ~ II. I- I- It) ~ 0 ~ :2 III ~ Z :;:) II II i ~ ¡ ;Z 0 !:) !:) ~ 0 o 0 a:: w II: ::ï >- ~g II) It) 0 1M .... ...I C') ~ ~ 0 ~ 0 11 II a: a: x: x: ~ ~ i ¡ ~ 0 I~ ~ ~ õ z u) . . :l ::E a.. s.2 !.2 ~ ~ I. I- l- I- .... e.> (.) W W ""I ... o 0 j EX: EX: Q. Q. Æ ~ ~ .m ~ ~ ~ .<_.,-_.~- Agenda Item No. SA January 11, 2005 Page 45 of 111 2002 FDOT LEVEL OF SERVICE HANDBOOK - GENERALIZED PEAK HOUR PEAK DIRECTIONAL VOLUMES FOR FLORIDA'S AREAS TRANSITIONING INTO URBANIZED AREAS Agenda Item No. 8A January 11, 2005 Page 46 of 111 TABLE 4 - B GENERALIZED PEAK HOUR DIRECTIONAL VOLUMES FOR FLORIDA'S AREAS TRANSIßONING INTO URBANIZED AREAS OR AREAS OVER 5,000 NOT IN URBANIZED AREAS· UNINTERRVPTED FLOW HIGHWA VS Level of Service C 620 2,300 3.460 \...anes Divided I Undivided 2 Divided 3 Divided A 100 980 1,470 B 330 1,590 2,390 D 870 2,980 4,470 STATE TWo-WAV ARTERIALS Class I (>0.00 to 1.99 signalized intersections per mile) Level of Service \...anes Divided A B C D I Undivided .. 210 690 820 2 Divided 240 1,470 1,730 1,81O 3 Divided 370 2,260 2,600 2,71O Class II (2.00 to 4.50 signalized intersections per 01ile) FREEWAYS Lew[ of Service E Lanes A B C D E 1,200 2 1,290 2,130 2,890 3,420 3,800 3,390 3 2,000 3,290 4,460 5,280 5,870 5.080 4 2,700 4.450 6,030 7,140 7,940 5 3400 5,600 1,610 9,010 10010 Level of Service lanes Divided A B C D E 1 Undivided .. .. 560 760 &10 2 Divided .. 200 1,290 1,620 1,700 3 Divided .. 320 2,000 2,430 2,560 Class t[( (more than 4.5 signalized intersections per mile) Level of Service Lanes Divided A B C D I Undivided .. .. 260 620 2 Divided .. .. 620 1,440 3 Diviùeù .. .. 970 2,220 NON.sTATE ROADWAYS Major CityfCounty Roadways BICYCLE MODE E 860 ... ... (Note; lAvel of IOrvice for the bicycle mode in this table i. bued on roadway pomeIrÌCIIlII 40 mph poIted apeed and b'affic CODditions, not number of bicycliats !ISing the facility.) (Multiply motorized vehicle volumea.hown below by number of di~onal roadway lanes to determine maximum SCl'Vicc volumes.) Paved Shoulder! Bicycle Lane Level of Service Coverage A B C D E ().41}% .. 100 170 720 >720 50-84% .. 130 210 >210 ... 85-100% 110 3&0 >3&0 ... ... PEDESTRIAN MODE (Note: Level of service for Ihe pedeltrian mode in this table is based on roadway 8cometric at 40 mph posted speed and trafflc conditions. not E number of pedestrians using the IiIcility.) (Multiply motoriad vehicle 770 vollnnes shown by number of directional roadway lanes 10 detenninc 1,630 maximum service volumes.) 2,450 Level of Servicc Sidewalk Coverage A B C D B ().49% .. .. .. 330 &10 50-&4% .. .. .. 520 990 &5-100% .. 120 590 >590 ... Level of Service Lanes Divided A B C 0 S ARTERlAUNON-8T ATE ROADW A V ADJVSTMENTS I Undh'ided ... .. 370 720 770 DIVIDEDJUNDIVIDSD 2 Divided .. .. 870 1,550 1,630 3 Divided ... .. 1.360 2,330 2,450 Lanea Median Left Turn Lanes Acljustn1cnt Facton Level of Service A . BCD .. .. 230 490 .. .. 540 1,070 Florida Department ofTranaportation Syatcl1l9 Planning Office 60S Suwan.nce Street, MS 19 Tallaha_, FL 32399-0450 httD:/1www II.mvnorida.comialanninRlsvstmlllamflOllc!etàult.htm .",..__.... _...._..........d..._....y ,.,..-pItnniaI."al- Tho """""''''........ &om wbiohÜit_ iI__'" - ,.,--~p/oatåIaoppl- TIIe....1o IIIcI MriYinac_-""" nor be _ for _or 1n......6.. dooip, wtw.. m... _ --.,..... v_ __ _1IaurIy t....wwy_,., - tf_........... ............................ 1III"''''oI/IoIUy...OM!. .....lof"""lco loner" ,hmhoIdo... probobly.... ~Ic_ -...of, ._... __ ._.-.....ldbo .... willi -.... -. _billÙlll_It.'_ .'011__1.,...........0 _y lneIo'"",tc.: 11IlOl__. 1bo"""', b1put..__.Dd"'" .'_arl1critI l lOOfM"" fbll<twill. ..... C.....Io_ ....... 00 plana... ""I...'..... or'bo Hlahway Ctplchy Man..I, 1Jicyd. LOS Modlllllcl _.. LOS Model, _Ivdy ,.,.... ......obIlo/INOk. 'Icyole .....,.-.. - ..c_ be.......... ..... _ Input...... dof..11I. ...NotorplloMlo ,or.... _ or__... For_obliellnldt........ __ ........111.. _ .'_0 _ F _ ¡_ .......,ita - - n:oeIIod.Porblo)ol.lIIcI",-- _'100 _,.,_ _.... (_a F) ÌI"," ..hieYlblc, 1oo_!bon: II.. _ilt_ vehicle ...10......................10........._. 99 Other Signalized Roadways (si¡¡nalized interacction analysis) Lanes Div.ided 1 Undivided 2 Divided Source: I ¡ i i 1'- E 630 1,270 02122102 I I Multi Multi Divided Undivided Undivided Undivided Yea No Yes No +5% -2O"Æ. -5% -25% ONE-WAY FACILITIES Increase corresponding volume 20%. ,.~--"" ----_.~_........- Agenda Item No. 8A January 11, 2005 Page 47 of 111 , ! ~ COLLIER COUNTY ART -PLAN LEVEL OF SERVICE SPREADSHEETS , 1 i . ¡ L~ "'-0 ' '. . . .......... ,...~.~,;;ç . 1_,'."-,, ART-PLAN 4.0 Arterial Level of Service Based on Chapter 11 of the 1997 Highway Capacity MErluaI Florida Department of Transportation Systems Planning Office· May 2000 I Collier Boulevard From: Golden Gate Blvd. To: Irnmokalee Road User Notes: Study Period: PM PEAK K Factor: 0.097 D Factor: 0.568 PHF: 0.910 Adj. Sat Row Rate: 1,850 Arterial AADT: 14,708 Posted Speed: 55 mph Section Length: 3.10 ml. Area Type: Transitloning/Urban Arterial Class: 1 Signal Type: Semiactuated Peak Direction Maximum Service Volume A B C D E Level of Service B MDT 10,800 15,700 16,800 16,800 16,800 PHV 600 870 930 930 930 Arterial Speed 38.9 mph 'I(, u':. L~ ale ~~ Flow :.o=, Int. LInk From To MDT PHV Turns Rate LOS Speed LOS Golden Gate VanderbRt 14708 810 12 1.0 120 0.44 5280 4 r783.3 OM 38.8 D 32.1 C Vanderbilt Immokalee 12609 695 12 1.0 120 0.44 11088 4 6721 nR~ ~Q r. 143.2 A - Off-Peak Direction Level of Service B Mulmum service volumes a", not Arterial Speed 40.7 mph ceIcuItmId for 1M off-peak. clffIC1Ion. Length ArrIVId Unk . 'I(, No CydI Flow Vie Control 1m. Speed From To MDT PHV- Tum. Lanes Leñatt a/C Ifeio Type Rate IItItIo D8bnI LOS LOS Immokalee 12609 529 12 1.0 120 0.44 11088 3 511.6 nA? 28.4 r. 44.0 A Venderbilt Golden Gate 14708 616 12 1.0 120 0.44 5280 3 i~Q~ 7 n7o:t 321) r. 35.1 B , I . I i l I- I l I I l _ Printed:09/1112001 01 :04:47 PM 1JJ (tt.. '3 L( ART ·PLAN 4.0 ' Arterial Level of Service Based on Chaptsr 11 of the 1997 Highway Capacity Manual Florida Department of Transportation Systems Planning Office - May 2000 Collier Boulevard From: Pine Ridge Road To: Golden Gate Blvd. User Notes: study Period: PM PEAK K Fador: 0.097 D Factor. 0.653 PHF: 0.925 Adj. Sat Flow Rate: 1,850 Arterial MDT: 24,282 Posted Speed: 55 mph Section Length: 1.10 mi. Area Type: Transitioning/Urban Arterial Class: 1 Signal Type: Semiactuated I! I Peak Direction Maximum Service Volume A B C D E Level of Service B AADT 12,500 27,000 29,000 29,200 29,200 36.3 PHV 790 1,710 1,840 1,850 1,850 Arterial Speed mph % No: Length ArrIVIII FIøw vie Control Int. link From To MDT PHV Turns LmMs g/C rrHt1 rw. Rata RatIo DeIIIy LOS Speed LOS Pine Ridge Golden Gate 24282 1538 12 2.0 120 0.44 seœ 4 1463 0.S9 29.3 C 36.3 B - ¡ ! I.. Off·Peak Direction Level of Service B MlVtImum sel'lltce volumes .", not Arterial S~ed 39.9 mph C8/cu1ated for the orr-"..k dm:tJon. % No Cycle Length ArrIVal FlaW vie Control Int. Speed LInk From To MDT PHV TUrns a.-s L.ñaot gIC . ttHtl Type Rata RatIo DelaY LOS LOS Golden Gate Pine Ridge 24282 817 12 2.0 120 0.44 5808 3 1777.~ nA7 24.6 ~ 39.9 B Printed:09/11/2001 02:20:49 PM .-.. d-V /¡-J-- '-l 'Q ART ·PLAN 4.0 Arterial Level of Service Based on Chapter 11 of the 1997 Highway Capacity Manual Florida Department of Transportation Systems Planning Office - May 2000 Immokalee Road From: 1-75 East Signal To: CR 951 User Notes: Study Period: PM PEAK K Factor: 0.097 D Factor: 0.600 PHF: 0.980 Adj. Sat. Flo~ Rate: 1,850 Arterial AADT: 29,067 Posted Speed: 45 mph Section Length: 3.30 ml. Area Type: Transitioning/Urban Arterial Class: 1 Signal Type: Semiactuated Peak Direction Maximum Service Volume A B C D E Level of Service B AADT 1,900 28,600 31,800 31,800 31,800 34.3 PHV 110 1,660 1,850 1,860 1,850 Arterial Speed mph "- ...:. L= aJC Length Anlq Flow .::0 :1 Int. Link From To MDT PHV TtIIM ~\ -r- Rat. LOS ap..d LOS 1-75 East 08keI 8M:! 29067 1833 12 2.0 120 0.44 1584 4 1646 1.01 48.0 D 14.1 F Oakes Blvd OR 951 14502 914 12 2.0 120 0.44 15840 4 820.7 n ,:;n "n 7 C Ann B Off-Peak Direction Level of Service B Maxmum .tII1fIt» Vt¥.IfnQ .,. not Arterial Speed 37.9 mph caIc:uItIted for the off-peak chcfkJn. "- No L2: aIC LM th ArrIVIII Flow vie Control Int. SpMd LlriR: From To MDT PHV Tuma LaMe L h -iiMtT TY1M Rat. Ratio Delav LOS LOS . OR 951 14502 492 12 2.0 120 0.44 15640 3 441.8 n 97 21.7 C 41.3 B Oakaa Blvd 1-75 East 29067 987 12 2.0 120 0.44 1584 3 fAaA ~ n~ 28.0 C 20.5 E , , i ì . 1,- I l . Prlnted:11/2812001 02:38:44 PM ..,,,.. ... ~... I - ~, ~/U r:-. '--f -~..-:\ :::¿) ART ~PLAN 4.0 Arterial Level of Service Based on Chapter 11 of the 1997 Higlway Capacity Manual Florida Department of Transportation Systems Planning Office· May 2000 Immokalee Road From: CR 951 To: Oil Well Road User Notes: Default Study Period: PM PEAK K Factor: 0.097 D Factor: 0.600 PHF: 0.910 Adj. Sat. Row Rate: 1,850 Arterial AADT: 16,899 Posted Speed: 50 mph Section Length: 6.56 mL Area Type: TransitioninglUrban Arterial Class: 1 Signal Type: Semiactuated Peak Direction Maximum Service Volume A B C D E Level of Service ERR MDT 8,800 15,200 15,900 15,900 15,900 PHV 620 890 930 930 930 Arterial Speed ** mph . % No L= aIC Length AnIni Flow vie C=I Int. Link From To MDT PHV Tume L_ rW\ TVDII Rate RatIo LOS Speed LOS CR9S1 WOaon 16899 984 12 1.0 120 0.44 25872 4 951.6 1.16 106.3 F 36.3 8 Wlson Randall 15231 a86 12 1.0 120 0.44 2429 4 856.8 1 n~ ~A E 16_4- E RaIÌdeII 011 Well Roa 10714 624 12 1.0 120 0.44 6S36 4 603.4 nu ?~1 C 36.6 8 i t . Off-Peak Direction Level of Service E Mœctnum servtc. voIumN are not Arterial Speed ** mph caJcufated for the off-¡»ak direction. . % No Cycle LAngIh An1va1 Flow ..Ie C::=' Int. Speed un ( From To MDT PHV Tuma ~ L.ñath aIC -ftió;l, Type Rat. Ratio LOS LOS Randall 00 Well Rœ 10714 624 12 1.0 120 0.44 6336 4 I <:!tv.:I A n7A 24.4 C 36.8 8 Wilson H8I'ICI8I1 15231 B86 12 1.0 120 0.44 2429 4 866.8 1AA 67.9 E 15.2 F CR 951 Wilson 16899 984 12 1.0 120 0.44 25872 4 -1~!:;1A oj oj~ 107.8 J= 36.9 R , l_ Printed:11/2812001 02:47:02 PM .lO .ti ,~ '"3 ART ·PLAN 4.0 Arterial Level of Service Based on Chapter 11 of !he 1997 Highway Capacity Manual Florida Department of Transportation Systems Planning omce - May 2000 Vanderbilt Beach Rd From: Logan Blvd To: CR 951 User Notes: Default Study Period: PM PEAK K Factor: 0.097 D Factor: 0.610 PHF: 0.925 Adj. Sat. Flow Rate: 1,850 Arterial AADT: 9,746 Posted Speed: 55 mph Section Length: 2.00 mi. Area Type: Transltloning/Urban Arterial Class: 1 Signal Type: Semiactuated Peak Direction Maximum Service Volume- A B C D E Level of Service A MDT 12,400 15,600 15,600 16,600 16,600 PHV 740 920 930 930 930 Arterial Spèed 44.0 .mph % No . Cycle ~ ArrIvIl Plow vir:. COntrol Int. Unk From To AADT PHV Turns Lana LeÍlath gfÇ felt T- Rate R.BIIo Delav LOS Speed LOS LOllan Blvd. CR 951 9746 577 12.0 1 120 0.44 10560 4 548.9 0.67 257 C 44.0 A , -C" Off-Peak Direction Level of Service A Mlximum ..nllae volumes .re not Arterial Speed 45.7 mph caJculllted for the off-pe.k efrect/on. u % La:' = ate Length Arrival FloW vie control Int. Speed Unk From To AADT PHV Tums -~\ Type Rate AIIIo DIIav LOS LOS CR 951 Loasn Blvd. 9746 369 12.0 1 120 0.44 10560 3 1"1:\1 n 'n A.... '~.4 7 c 4~ 7 A ,-"" Prlnted:09/11/2001 11 :43:45 AM -..---.. <::(L().... coo.... 0.... ON..... Z _0 E~[;5 2 èID -\tiC) \tI::Jro "tjC(L cro Q» 0) <::( fII ï: CD E o ( ) CIJ u c: o (.) ,.. 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Agenda Item No. 8A January 11, 2005 Page 56 of 111 r I I I i SYNCHRO 6.0 CAPACITY ANALYSIS- COLLIER BLVD @ TREE FARM RD ¡ I I I l : - -.......---..'--".. I I l . I i L. ¡ ¡ L.. HCM Unsignalized Intersection Capacity Analysis 3: Tree Farm Road & Collier Boulevard . '- t ,Þ '. ~ Agenda Item No. 8A January 11, 2005 2008 ~tbllildo\Jf1 8/1912004 .::~I;;':.h ~~~ ,1~. : ~ _ j~~: . ,-' . . .j;::-.~ .,.:,,~4 . ,'~'. ¡ -: __ _ M:,," _ ~. >.. _ ~_. Lane Configurations Sig., Control Grade Volume (ÿehlh) Peak Hour Factor H()urly flow rate (vpt1) Pedestrians Lane Width (ft) Walking Speed (ftIs) Percent Blockage Right turn flare (veh) Median type Median storage veh) Upstream signal (~) pX, platoon unblocked vC, con~icling volume vC1, stage 1 confvol vC2, stage 2 conf Vo.1 vCu, unblocked vol tC, single (s) tC' 2 stage (s) tF .(s) pO queue free % eN! capacity (vétVh) "í S~p 0% 55 0.92 60 " +++ Free 0% ':120.:.:1043 0.92 0.92 130·1134 " " 20 ·.~5 0.92 0.92 22 .49 +++ ,Free' 0% , 795 0.92 864 ·.··R~ised 0 '. ,'gigO ,378 1155 1134 :386 1520 378 1155 6,8 6.9 4.1 5.8 3.5 3.3 2.2 61 79 92 154 620 ~OO ". -I;"-~;(;P~.: w:.r,~1-'. !,,"-. ·~'6li,.-· ;'~J;j1_1 ~~ ,~::,(,·A:j :j/).'::ÿ -':..q:;' ~~ "'~~1.~~:!: . , ~¡ ~ L: .~,: ..'~ , .~:. :' . ~~'.., ~.J'f;>' ~. -:- ........ ,,_,--~_.;.:t;~ ~, . \r;::f; -,"',~ ~.~ 'ny!\.. ::w:~~:c ~,.,. 'I' -, ~}. -, ~ ~~.;:-.-..b.......... _~..;",.._~.~~~f~~~~VI'~~~7'· )U.o.;r~-· -.' "';.L'~I, ';. __~~..~..-.:o.:..:......~~""'i':'J:~..-.c"-' - --~.~""'"'"' ''---''- 4..-' Volume Total 60 130 378 378 378 22 49 288 288 288 Volume Left 60 0 0 0 0 a 49 0 a 0 Volume Right 0 130 0 0 ···..0 22. 0 0 0 ,0 cSH 154 620 1700 1700 1700 1700 600 1700 1700 1700 VoluJ;rt.~ t.p:CªP!il9W " O,~9 0.21 0.~2 0.22,:: 0.22 . 0.01 0.08 0.17 0.17 0~17 Queue Length 95th (ft) 42 20 0 0 0 0 7 0 0 a Control D.él,ªy(!s) 42.4 12.3 O~O 0.0 0.0 0.0 11.5 0.0 0.0 0.0 Lane LOS E B B Approàch Delay (s) '21.8 0.0 0.6 Approach LOS C ;. -:.:-,~ .-.,' "'1~~'" ,-,~~.~" ..... M' . '':''- ... - _ ~ M' ,.' ........'> _~~~~~~~._ _ . ~_~_&- ....-.~..... _ ~. ._ ~~. ", Average Delay Intersection CapaeÎtyUtilization Analysis Period (min) 2.1 3.6.8% , 15 ICU Level of Service A Bristol Pines RPUD - Phase" Metro Transportation Synchro 6 Report Page 1 - HCM Unsignalized Intersection Capacity Analysis 3: Tree Farm Road & Collier Boulevard Agenda Item No. 8A January 11, 2005 2008 PMtbtddbt.t1 8/1912004 .. '- t ". '. ~ ,~ ,.-;;.',,' (f . .....~...~ .. '_.: ~ . '. ~\' _ ~:'.'\~,..~¥-t :t.. ,} _~ '~;,;!.; , ,. _ _ .' ¡ ~_ Å !I Lane Configurations Sign Contr!J1 Grade VOlurne(vjih/h1 ' Peak Hour Factor Hourly fk)W,,ª,~ (ý'þh¡ Pedestrians Lane Widtl1 (m Walking Speed (ftls) Percent Blockage, ' , Right tum flare (veh) Median type Median storage veh) Upstream sign¡¡1 (ft) , pX, platoon unblocked vC, coh~icting volul'1'le vC 1, stage l' conf vol \fC2,$tage 2 'conf vº(j vCu, unblocked vol tC, single(s) tC. 2 stage (s) tF (s) pO queue free % eM capac~ <¥t!hlh) '" Stop" 0% ",35< Ô.92 . '38' Raised \, o ", ~O 0.92 .87 1704 378 1134 ,,':ß?1. 1704 378 , 6;86.9 5.8 3.5 3.3 71 86 129 620 " +++ Free 0% "1043 0.92 1134 , '60 0.92 '65 '" ++t Free "" 0% 130 795 ~ 0.92 0.92 141 864 " 1199 1199 4.1 2.2 76 578 :'~£~~::li:~ ~~~'Z[i~t~~~'·t,:t.t!';~1'~it., ~~~~' "t.~~}~~'~ ;~.·';"i1~J,:._,'_;..;,J·,r:--....::AO,ili&,··1t;:l~~¡~~~_·~~:~~~~:l~:!J"¡'~'i2~L:~i-~<'~ ,~~~:: -<:"~}J ,...~.~ ~:J;::":.,::;, Volume Total Volume Left Vol4rne R!ght);;,. cSH . Voluro~ toCªp@º!tY .,' Queue Length 95th (ft) Confi'91 Oèláy(S) Lane LOS Apprça.ch' ~~'" (s), Approach LOS 38 38 /,0 129 . iO.29 28 44.0 E - 21.6 C 87 o ª7 620 0.14 12 ,11.8 B 378 o o 1700 0.22 o 0.0 378 o . .0 1700 Q.22 o 0;0. 0.0 378 o o 1700 0.22 o 0.0 65 o 65 1700 0.()4 o 0.0 , 141 141 ., ,,'0 578 0.24 24 13.2 B 1.9 288 o o 1700 0.17 o 0.0 288 2a8 o 0 . 0 Q 1700 1700 0.17 0.17 o ' 0 0,.0 0.0 '~ ': , '. -.... l ~ :: ,"~ ,~.. "'.... _,. _ ~_.. w",J _ L '. ..... :, .' .. ~ '. _ .. ~_ ..., ': :, : .' ,. " -~~~ Average Delay Inter.;ection CfJPai!c!ty Utilï;ation Analysis Period (min) 2.0 40.7% 15 IQULè\ÌeI9f'Sètv1cé /. A I í ¡ L, Bristol Pines RPUD - Phase 11 Metro Transportation Synchro 6 Report Page 1 HCM Unsignalized Intersection Capacity Analysis 3: Tree Farm Road & Collier Boulevard Agenda Item No. 8A 200g1~W~~~~~~ 8/19/2004 .. '- t I'" '. + " +++ '(I +++ Stop F~ Free 0% 0% 0% 105 23,5 y,~ 043 30 7Q 795 0.92 0.92 0.92 0.92 0.92 0.92 114 255 h134: 33 .,-, 7& 864 -:>: Lane Configurations ~ign'Control Grade VolumeJ'V~) Peak Hour Factor H. ou.rty. flOw~ Nphl - . . '. . . Pedestrians Lane Wid.th(ft.} Walking Spéed (ftIs) p~rcel1t Bloêkage Right turn flare (veh) Median type Median storage veh) Up~~tn signØI(ft) . pX, platoon unblocked vC,êcjn.ftictirl9. v()lurne vC 1, stage 1 confvol yC2, ~e 2 pq.~f vor vCu, unblocked vol ~, single {s) te, 2 stage (s) tF(s) pO queue free 0/0 eM capacity (vehlh) '1f?7:4' . >ß7~ 1166 1134 ~O 1574 378 1166 6.8 6.9 4.1 5.8 3.5 3.~ 2.2 23 59 87 148' 620 595 ,. ~r~X::- ~ ~-; ~_..-:~~.:: r:~ .~ ;~'~.~J.~; :' '.~¡ :. ,~~ .~; :~r"l":I~' ,:,..' " _ '~. ~;;:~.. ,~~ : ~ ~:;~~ :_ .._;-. .~~; . ~'~." -~ < _ f.. '_-::,:~ ":'.. ..,...... ~~.~ ~ L_ _' ._~..~: < ~@i~ o ., VplumeTotal Volume Left Volume Right esi-I ." . . Voiuftt&to ,Çi>Øç1tY:: Queue Length 95th (ft) COi1trol Del~ (s) Lane LOS Approac:þ··p@t.~Y($) Approach LOS 114 114 o 148 ":,0.77 119 ,··+[ß3.á F 36.1' E ',,-,. 255 378 o 0 255 0 620 1700 0.41 .... p.22 50 0 ·14.8·····. ;'9;0 B 378 o o 1700 0.22 o -~O.O 33 o ~3 1700 0.02 o ().O 2~8288 o 0 ,;..:O-.Ô; 1700 1700 . _O~17 ~ Q;17 o 0 . q.OO:O 288 o J.'Ò 1700 0.17;- o Q~O .,~;'O.q 76 76 O. 595 0.13 11 11.~ B .1.0 378 o 0", 1700 0.22 o ,,0.0 Average Delay Interseêtion Ca~¡~JJtiliiatiç)O Analysis Period (mfn) .,- 5.8 41.4% 15 _;JÇ\J:lé.Vét~f'Séníi~ ,A Warm Springs Residential Comm. Metro Transportation Synchro 6 Report Page 1 HCM Unsign;alized Intersection Capacity Analysis 3: Tree Farm Road & Collier Boulevard Agenda Item No, 8A 2009J~~~8€~ B/1912004 of '- t /" '.. ~ 1~5 0.92 H7 " +++ ·,,:F.ree;· 0% 110 24Ò 795 0.92 0.92 0.92 '120 =?61 ~. Lane Configurations Sign Control Grade Volume (veh,lh) Peak Hour Factor Houñy fIqW rate (~ti1 Pedestrians LaneWidth (ft) ;.,,/ Walking Speed (ftls) Percent Blockage ld'k'· Right turn flare (veh) Median type .' .; Ra~~ ; , Median storage veh) . 0 Upstream siQn~I(ft) pX, platoon unblocked yc, cônfllctl~9vo'µme":~;1~ ···.·ª1~: vC1, stage 1 conf vol 1134 vÇ2,S¥'ge~çOnf~I·,:;;ª:1(j vCu. unblocked vol 1943 ~. sìngleJs) :~:~ :;:f;;,a,9 tC, 2 stage (s) 5.8 tF (s) 3.5 pO queue free % 2B eM capàcity (vel'ýh) 9Ö " . "~$tqþ 0% 60 0.92 65 "..-:,:..:::,.:.,:','.:" 1253 4.1 " 2.~ 53 :,551 ,~.~ 76 620 ,'~' :~' ,- \~:~., ~ <_ .L~d_~_!:t_V '~ ',:":' _6~"~·'.: ~¡. ':-~.~ ~~~~I.~":"~;~~~~~~·.:,..~~>~~,,~:~.::3t~·:¡~_~,-,~.,~;~~,{~~l.~;>"" .-~.~.. ~~. :'-~:_;:"~ .. ",' . . . 147 378 37B 000 ;'147,,.).':: Q'I,':i.i 0' '620 1700' 1 ioo ,a.24·{',~;~ ':;0.22 23 0 0 ;12.6 0;0 PiO B 378 o ;Q 1700 . ..0;22 o O.Q 120 o . t?O 1700 0.07 o (to .261 261 "':;.',._, 0 551 '0,47' 63 ;1.7.3 C 4'.Ò 288 o ,0' 1700 0,17 o 0.0 28B o o 1700 0,17 o 0.0 2BB o .9 1700 0:17 o 0;0 Volume T ota! 65 Volume Left 65 Voh"JTle~igti! ;.0 cSH 90 Vplú'rne tpCìþEiÇ!W:.,·<;:Ø.72 Queue Length 95th (ft) 91 Control Delay ($~),>.'4112.7 Lane LOS F Approi!ct' þ'EjI~y::~r ; 43.4" Approach LOS E .. , ·9·Q Average Delay Intersection CaÞ§~:,V\iI~qfl:': . Analysis Period (~i~) . .; -.:; :~:~~:" ,.:. .~. ;;·'.:.,-\-,l 5.3 4E)¡8~ 15 leu tevelof ~E!tvice, A l. Warm Springs Residential Comm. Metro Transportation Synchro 6 Report Page 1 ... I i L I i i . I l.. t Agenda Item No. 8A January 11, 2005 Page 61 of 111 TRIP GENERATION EQUATIONS WARM SPRINGS RESIDENTIAL COMMUNITY ITE TRIP GENERATION REPORT, 7th EDITION Land Use Weekday AM Peak Hour Weekday PM Peak Hour Daily (2-way) Multi-Family Detached Housing Ln (T) = 0.80 Ln (X) + 0.26 Ln (T) = 0.82 Ln (X) + 0.32 Ln (T) = 0.85 Ln (X) + 2.55 (Lue 230) T = Triøs, X = Units ORDINANCE NO. 05- Agenda Item No. 8A January 11, 2005 Page 62 of 111 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 2004-41, TIlE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE WARM SPRINGS RPUD, TO PROVIDE FOR A MAXIMUM OF 540 DWELLING UNITS FOR A DENSITY OF 4.52 UNITS PER ACRE, FOR PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (CR 951), APPROXIMATELY ONE MILE SOUTH OF IMMOKALEE ROAD (CR 846), IN SECTION 26, TOWNSHIP 48 SOUTIl, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 119::!: ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 03-64, THE FORMER NICEA ACADEMY PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen Bishop of Project Management Systems Inc., representing Naples Syndications, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described rea] property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNfY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 26, Township 48 South, Range 26 East, Collier Cowlty, Florida, is changed from ''PUD" to "POO" Planned Unit Development known as the Warm Springs RPUD, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 03-64, known as the Nicea Academy PUD, adopted on November 18, 2003, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. Agenda Item No. 8A January 11, 2005 Page 63 of 111 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ,2005. ATIEST: DWIGHT E. BROCK, CLERK. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN Approved as to FOlIn and Legal Sufficiency MaJjorie M. Student Assistant County Attorney PUDZ.A-2004.AR~142JMB11p 2 Agenda Item No. 8A January 11, 2005 Page 64 of 111 EXHIBIT "A" WARM SPRINGS PUD A Residential Planned Unit Development REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE WARM SPRINGS PUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COlliER COUNTY LAND DEVELOPMENT CODE, OR SUCCESSOR CODE. Prepared For: Naples Syndications, LLC 540 Myrtle Road, Naples, Florida 34108 PREPARED BY: PMS, Inc. of Naples 2335 Tamiami Trail N. Suite 408, Naples, Florida 34103 239.435.9080/239.435.9082fax AND MeAnly Engineering & Design, Inc. 5435 Park Central Ct., Naples, Florida 34109 239.593.3299 ORIGINAL DOCUMENT DATE DATE FilED CURRENT DOCUMENT DATE DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL June 18. 2004 June 21. 2004 December 14. 2004 December 16.2004 Agenda Item No. 8A January 11 , 2005 Page 65 of 111 TABLE OF CONTENTS PAGE Statement of Compliance Section I Property Ownership and Description 1-1 Section II Project Development Requirements 2-1 Section III Residential Areas Plan 3-1 Table I Development Standards 3-3 Section IV Preserve Areas Plan 4-1 Section V Development Commitments 5-1 Exhibit wB" RPUD Master Plan Agenda Item No. 8A January 11, 2005 Page 66 of 111 STATEMENT OF COMPLIANCE The development of approximately 119.45± acres of property in Collier County, as a Residential Planned Unit Development to be known as the Warm Springs RPUD will be in compliance with the planning goals, objectives and policies of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Warm Springs RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 2. The project development is compatible and complementary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 4. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 5. The project is located within the Urban Mixed Use District, Urban Residential Subdistrict, on the Future Land Use Map. The westerly side of the project has 40.7 acres of the project located within the Residential Density Band around the Immokalee Road/Collier Boulevard Activity Center and the remaining 78.3 acres of the project are outside this Residential Density Band. The 540 proposed units and resultant density of 4.52 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: 40.7 Acres for an Urban Project Inside a Residential Density Band Base Density 4 dwelling units/acre Residential Density Band ~dwelling units/acre Maximum Permitted Density 7 dwelling units/acre 78.3 Acres for an Urban Project Outside a Residential Density Band Base Density 4 dwelling units/acre Maximum Permitted Density 4 dwelling units/acre Maximum permitted units = 40.7 acres x 7 dwelling units/acre = 285 units plus maximum permitted units = 78.3 acres x 4 dwelling units/acre = 313 units for a total maximum number of 598 dwelling units at a maximum density of 5.03 dwelling units/acre. Agenda Item No. 8A January 11, 2005 Page 67 of 111 Requested dwelling units = 540. Requested density = 4.52 dwelling units/acre. An additional Bonus Density consideration, available through the Affordable Housing provisions of the Growth Management Plan and Land Development Code, is not requested by this application. 6. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. 7. The subject property for development is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. 8. The project will implement Objective 1 of the Housing Element by providing additional "affordable housing" dwelling units in Collier County, within the proposed master planned development. 9. The project will further the implementation of Policy 1.4 of the Housing Element by providing "affordable housing" in an area where planned infrastructure and services will be available. 10. The project will act to implement Policy 2.9 of the Housing Element by providing "affordable housing" dwelling units blended within the planned market rate development. 11. The development will be compatible with and complementary to existing and planned surrounding land uses. Specifically, the conservation land use along the north property line abuts a like land use over the adjacent Crystal Lake PUD. Additionally, the proposed density of 4.52 units per gross acre which includes a 10% affordable housing component is complementary to the Bristol Pine PUD to the south of the subject parcel, which has an intensity of 6.98 units per acre and also includes a 10% affordable housing component. 12. The development of the Warm Springs RPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1.9. of the Future Land Use Element. 13. The Warm Springs RPUD implements Policy 5.6 of the Future Land Use Element in that more than 60% of the project will provide use able open space, or lands reserved for conservation purposes. 14. The native vegetation provisions of the Warm Springs RPUD implements Policy 6.1.1 of the Conservation Coastal Management Element in that "native preserves" will be incorporated into the project design. ii Agenda Item No. 8A January 11, 2005 Page 68 of 111 15. The Master Development Plan, with its extensive natural area, lakes and open space areas, and with its moderate residential density, will insure that the developed project will be an attractive and enjoyable residential development. 16. By virtue that the project must comply with the provisions of Chapter 6 of the Land Development Code, it will implement, and further Objective 8 of the Transportation Element. iii _.~._--,+~.- Agenda Item No. 8A January 11, 2005 Page 69 of 111 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Warm Springs Residential RPUD. 1.2 LEGAL DESCRIPTION The subject property being 119.45± acres, is fully described as the South % of the South % of the South % less the west 100 feet thereof; and the South ~ of the North ~ of the South ~ of the South % less the west 100 feet thereof; all in Section 26, Township 48 South, Range 26 East, Collier County, Florida. 1.3 PROPERTY OWNERSHIP The subject property is owned by Barton and Wendy Mcintyre, 2200 Santa Barbara Boulevard, Naples, Florida, 34116, and is under a purchase contract by Naples Syndications, LLC, 540 Myrtle Road, Naples, Florida, 34108. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the eastern side of Collier Boulevard south of and abutting the Crystal lake PUD (unincorporated Collier County), Florida. The property can be further described as being located north of the Bristol Pines PUD and 30 feet of private access easement, proposed to be included in the future Tree Farm Road. B. The entire project site currently has PUD Zoning and is proposed to be rezoned to RPUD. 1.5 PHYSICAL DESCRIPTION The project site is located outside of any specific drainage basin according to the Collier County Drainage Atlas. The outfall for the project is the Collier Boulevard Canal located along the western property boundary and the permitted maximum discharge rate is 0.15 cfs per acre. Natural ground elevation varies from 10.0' NGVD within the onsite wetland areas to 13.0' NGVD in the uplands. The average elevation being approximately 12.2' NGVD. The entire site is located within FEMA Flood Zone "X" with the base flood elevation undetermined. 1-1 "';N!bIioi.Mi<.......;;:;;_,,,'io..,,.~"".._.....,""."""';.~"'....",.,....'" Agenda Item No. 8A January 11, 2005 Page 70 of 111 The water management system of the project proposes the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment is proposed in the on-site lake/natural vegetation areas prior to discharge. A water management system has been permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. Rules and regulations of SFWMD have been imposed upon this project including but not limited to those relative to: storm attenuation, minimum roadway centerline, perimeter berm and finished floor elevations, water, and wetland hydrology maintenance. The existing permit and associated ACOE permit is proposed to be amended reflecting the proposed development change and its drainage requirements. However, the permit-associated conservation easement and associated environmental permitting restrictions and requirements and wetland mitigation requirements shall remain. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is predominately #18-Riveria Fine Sand, limestone substratum, and areas of #16-0Idsmar Fine Sand and #10-0Idsmar Fine Sand, limestone substratum. The site vegetation consists primarily of slash pine, cabbage palm, and Cypress trees with upland areas of Slash Pine and Saw Palmetto. 1.6 PROJECT DESCRIPTION The Warm Springs RPUD is a project proposed for a maximum of 540 residential units. These units are proposed to be developed as a multi-family project(s). Recreational facilities and other facilities and services may be provided in conjunction with the dwelling units. Residential land uses, recreational uses, if applicable, and signage shall be designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. The Developer has committed to provide 10% of the constructed dwelling units, by phase, under the provisions and restrictions of the County's provisions for affordable housing. The owner occupied units shall minimally meet the designation of moderate income level housing units. 1.7 PROJECT NAME This Ordinance shall be known and cited as the "Warm Springs Residential Planned Unit Development Ordinance" 1-2 Agenda Item No. 8A January 11, 2005 Page 71 of 111 SECTION fI PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and describe the project plan of the development, relationships to applicable County ordinances, the respective land uses within the project, as well as other project relationships. 2.2 GENERAL A. Regulations for the development of the Warm Springs Residential RPUD shall be in accordance with the contents of this Document, RPUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code, or successor ordinance, and Collier County Growth Management Plan in effect at the time of development order application, where such standards are not otherwise addressed by this Document or the RPUD Master Plan which is an attachment to this document. Where these regulations fail to provide development standards, then the provisions of the most similar district in the Collier County LDC. The development of this RPUD shall be consistent with the RPUD Master Plan and its provisions. Additionally, development of this RPUD shall be governed by and consistent with the existing SFWMD ERP number 11-01973-P and the existing ACOE permit number 200001393 (IP-DEY), as they may be amended. The regulations contained within the LDC shall govern when more restrictive, unless exempted by this document. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC, or successor ordinance, 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 Warm Springs RPUD shall become part of the regulations that govern the manner in which the RPUD site may be developed. D. Unless modified, waived or excepted by this RPUD, the provisions of other sections of the LDC where applicable remain in full force and effect with respect to the development of the land which comprises this RPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Chapter 6, Adequate Public Facilities, of the Land Development Code, as may be amended or superceded. 2-1 ;,,,.,,,."""'.,.,,,"'''"",,.,..,,,''',....;,,,;;;,,,,,,.,..,",,.,,,,,,,.."'........""......,,,'"""";.,.....¡.., Agenda Item No. 8A January 11, 2005 Page 72 of 111 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan is illustrated graphically by Exhibit "B", RPUD Master Plan. 2.4 DESCRIPTION OF PROJECT DENSITY OR LAND USE INTENSITY A maximum of 540 residential multi-family dwelling units shall be constructed in the total project area. The gross project density, therefore, will be a maximum of 4.52 units per acre. 2.5 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREAS MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of the property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Section 2.03.06 of the LDC. 2~2 ~"'~«".""""'" ~ "" ..--~",~". _.ù,'.,..__--· Agenda Item No. 8A January 11, 2005 Page 73 of 111 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the land uses as designated on the RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the RPUD shall be 540 units, a gross density of 4.52 units per acre. Ten (10%) percent of the constructed units, by phase, shall be affordable housing units. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: 1. Multi-family dwellings (includes townhouses, garden apartments, villas, coach homes, and carriage homes). 2. Neighborhood amenity recreational uses including, pools, tennis courts, clubhouse, fitness center. 3. Offices, temporary sales trailers, and model units. A portion of the clubhouse facilities may be utilized as a temporary sale facility. Sales shall be limited to the onsite development. 4. Any other use deemed comparable in nature with the foregoing uses and is approved through the applicable LDC process. B. Permitted Accessorv Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 3-1 Agenda Item No. 8A January 11, 2005 Page 74 of 111 3. Any other use deemed comparable in nature with the foregoing uses and is approved through the applicable LDC process. C. General Permitted Uses: The following uses are permitted through the developable acreage of the RPUD. 1. Essential services, including interim and permanent utility and maintenance facilities. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Water management facilities and related structures including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Architectural features and elements including walls, fences, arbors, gazebos and the like. 7. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape f hardscape features including, but not limited to landscape buffers, berms, fences, water features and walls. 9. Fill storage, site filling and grading. 10. Any other use deemed comparable in nature with the foregoing uses and is approved through the applicable LDC process. 3.4 DEVELOPMENT STANDARDS: A. GENERAL: All yards, setbacks, etc. shall be in relation to the individual parcel boundaries, except as otherwise provided. See Table I. 3-2 Agenda Item No. 8A January 11, 2005 Page 75 of 111 TABLE I STANDARDS MUL T -FAMIL Y Minimum Lot Area 40,000 sf Minimum Lot Width 1 00 ft Front Yard Setback (1) 28 ft when separated by parking from edge of drivewav cavement 14 ft when not seDarated bv carking Side Yard Setback 1 Story 7.5 ft 2 Story 10.0 ft 3 Story 12.5 ft Accessory Structure 6.0 ft. Neiahborhood Amenitv the ereater of 10ft or % the heiaht of structure Rear Yard Setback Principal Structure 20 ft Accessory Structure 10 ft Lake Setback (from control elevation) 20 ft PUD Boundarv Setback Principal Structure 75 ft Accessory Structure 10 ft Lake Setback (measured from control) 25 ft Entrv Gate 1 00 ft Preserve Setback Principal Structure 25 ft Accessorv Structure 10 ft Distance Between Structures Main/Principal 1-Story 15 ft 2-Story 20 ft 3-Story 25 ft Neighborhood Amenity 25 ft Accessory Structures 12 ft Maximum Heieht / Max. No. of Stories: Principal Building 45 ft / 3 stories Accessory Buildine 35 ft / 2 stories Minimum Floor Area 1 Bedroom = 750 Sq. Ft. 2 Bedroom = 900 Sq. Ft. 3 Bedroom = 1100 Sa. Ft. TABLE 1 NOTES: (1) Setback may include pedestrian sidewalk. TABLE 1 GENERAL NOTES: 1. CarDorts are cermitted within Darkina areas. 3-3 3.5 Open Space Requirement: 3.6 Natural Habitat: 3.7 Conservation Area: 3.8 Architectural Standards: Agenda Item No. 8A January 11, 2005 Page 76 of 111 60 percent minimum (71.67 acres) 25 percent minimum (29.86 acres) 71.14 acres (existing SFWMD easement) (includes drainage infrastructure as permitted by SFWMD within conservation area, enhances desirable hydration of wetlands) Transition grades from the boundary of conservation areas shall be as permitted by the SFWMD. All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: compatible architectural design and use of compatible materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall be the primary unifying design element of the development. 3-4 Agenda Item No. 8A January 11, 2005 Page 77 of 111 SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the areas designated as "Preserve" on the RPUD Master Plan, Exhibit "B". 4.2 PERMITTED USES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following, subject to regional state and federal permits when required: A. Principal Uses: 1. Open spaces / nature preserves B. Accessory Uses: 1. Jurisdictional agency permitted infrastructure improvements designed to be an enhancement to conservation area lands, including water management structures. 2. Supplemental landscape plantings, screening and buffering after appropriate environmental approval. 4-1 Agenda Item No. 8A January 11, 2005 Page 78 of 111 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2 GENERAL All facilities shall be constructed in strict accordance with the final site development plan and all applicable State and local laws, codes, and regulations applicable to this RPUD in effect at the time of approval. Except where specifically noted or stated otherwise, the standards and specifications of the LDC shall apply to this project. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall be bound the by the Master Plan and the regulations of the RPUD, as adopted. In addition, any successor or assignee in title to the developer is bound by the commitments within this Document. 5.3 RPUD MASTER PLAN A. Exhibit "B" represents the RPUD Master Plan B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 SCHEDULE OF DEVELOPMENT I MONITORING REPORT AND SUNSET PROVISION A site development plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in one or two phases. A. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 10.02 .13(F) of the Collier County LOC. B. The Warm Springs RPUD shall be subject to the Sunset Provisions of Section 1 0.02.13(D) of the Collier County LOC. 5-1 '~-'---"--'-~-' """" _..,.,.«_.._.... .__ ~_o'~__' Agenda Item No. 8A January 11, 2005 Page 79 of 111 5.5 UTILITIES The Developer shall provide a 30 foot by 50 foot public well easement abutting and north of the 40 feet dedicated right-of-way. The applicant has tentatively located the easement approximately 750 feet east of the southwest comer of the subject property. Final location shall be determined at the time of site development plan permitting. 5.6 SIGNS All signs shall be in accordance with Chapter 5 of the LDC. 5.7 LANDSCAPING REQUIREMENTS A. Landscape Buffers: RPUD Perimeter Landscape Buffers and Other Internally Required Landscape Buffers: 1. CR 951 Canal: Where abutting the residential development: 20 foot width, LDC Type D Buffer 2. Tree Farm Road: Where abutting the residential development: 20 foot width, LDC Type D Buffer 3. Conservation Area: No buffer is required, except as noted elsewhere in this Document. 5.8 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the 5-2 Agenda Item No. 8A January 11, 2005 Page 80 of 111 Collier County Access Management Policy (Res. 01-247), as it may be amended from time to time, and with the Collier County Long-range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a RPUD Amendment is to be processed. D. Site-related improvements (as apposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and Division 3.15. LDC, as it may be amended. F. All work within Collier County rights-of-way or public easements shall require a Right-of-way Permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County right-of-way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. The donated 40' right-of-way shall satisfy this requirement for future turn 5-3 Agenda Item No. 8A January 11, 2005 Page 81 of 111 lanes on Tree Farm Road. The developer as outlined in the Developer contribution agreement as it relates to the Warm Springs PUD will pay for the turn lane improvements on Tree Farm Road. K. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking irnprovement within a public right-of-way or easement is determined to be necessary, the developer shall contribute its fair share contribution toward the cost of any such improvement. Such traffic signals shall be owned, operated and maintained by the county. L. The developer of Warm Springs agrees to pay $500,000.00 which is half of the cost for the design and construction of a local road cross section 2,650' long and utilities (12" water main & 10" force main) on Tree Farm Road. The payment will be as outlined in the pending Developer contribution agreement. The County as part of the Collier Boulevard CIP will construct Tree Farm Road to minor collector standards approximately 2,650 from the easterly right-of-way line of Collier Boulevard. M. The owner of Warm Springs PUD agree to pay half of the cost of upgrading the bridge over the canal from Collier Blvd to Tree Farm Road to include sidewalks on both sides and provide an additionallane(s} on the bridge. N. The developer of the Warm Springs PUD agrees to provide on site water management for Tree Farm Road for a minor collector cross section 2,650' back from the easterly line of the right-of-way on the easterly side of Collier Boulevard (CR951). o. The county agrees to allow full access to the Warm Springs PUO on Tree Farm Road approximately 1,000' back from the easterly line of the canal easement on the easterly side of Collier Boulevard (CR951). At the County's discretion the access may be reduced to egress only upon the completion of the second entrance approximately 2,500' back from the easterly line of the canal easement. P. The Developer agrees to pay for sidewalks as outlined in the pending developer contribution agreement 5.9 ENVIRONMENTAL A. This RPUD shall be consistent with the Environmental section of the GMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. 5-4 Agenda Item No. 8A January 11, 2005 Page 82 of 111 B. All conservation areas shall be designated as tracts/easements with protective covenants. Easements shall be dedicated on the plat to the homeowner's association for ownership and maintenance and to Collier County with no responsibility for maintenance. C. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. D. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior to site construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. E. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Site Plan Construction approval. F. This RPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protect species. A Habitat Management Plan for those species shall be submitted to environmental review staff for review and approval prior to Site Plan approval. G. All principal structures shall have a minimum setback of 25' from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10 foot setback. 5.10 ARCHAEOLOGICAL RESOURCES Pursuant to Section 2.03.06(E) of the LDC, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 5.11 POLLING PLACES Pursuant to Section 2.01.04 of the LDC provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but not limited to, condominium associations, homeowners associations, or tenants 5-5 +-._~-,~.---"'-- Agenda Item No. 8A January 11, 2005 Page 83 of 111 associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 5.12 AFFORDABLE HOUSING COMMITMENT Ten (10%) percent of the constructed dwelling units, by phase, shall be affordable housing units, minimally meeting the rnoderate income level thresholds established by the County. Additionally, the Developer shall comply with the applicable provisions, policies and procedures of the County's affordable housing program. No density bonus units shall be awarded for this commitment. These created units shall be owner occupied housing. 5.13 DEVIATIONS Deviation from LDC Chapter 3.05.07 to allow alternative design for the Conservation Buffer where abutting residential development: Setback shall be grass or landscaped and no vegetative buffer shall be required except as provided for by the existing SFWMD permit, as may be amended. Where development tract(s) abut the conservation easement, a continuous hedge, 4 feet in height at installation and to be maintained at a height of 6 feet, shall be provided within the setback area to provide for a structural buffer. Shade trees or palms shall complement the hedge with a minimum spacing of 1 per 25 feet and trees and/or palms shall have an overall height of 10 feet at installation. Required hedge and trees and/or palms shall be native. 5-6 DRAFT WARM SPRINGS PUD TRANSPORTATION COMMITMENTS 1. The developer shall share in the design and construction costs of upgrading existing Tree Farm Road to minor collector status. These upgrades include improvements to the actual roadway and associated utilities including water and sewer facilities. M. The developer shall share in the design and construction costs of upgrading the bridge over the Big Cypress Canal. The$é upgrades include sidewalks on each side of the roadway component of the bridge together with an additional turn-lane. N. The developer shall share in the costs incurred for the design and construction of the right turn lane on the northbound side of Collier Boulevard (CR #951) onto Tree Farm Road. O. The developer shall provide the on-site water management facilities associated with the upgrade of Tree Farm Road to minor collector status. P. Full access ITom the development onto Tree Farm Road shall be allowed at the first entrance. Once the second entrance ITom Tree Farm Road into the development is completed; the access at the first entrance point may be limited to egress only, if deemed warranted by the County# .1>'. Q. The developer shall pay all actual costs incurred for the design and construction of an eastbound left turn lane and a westbound right turn lane ITom Tree Farm Road leading into the development. R. The details of the payment of costs associated with the transportation improvements for the project are set forth in a Developers Contribution Agreement by and between the developer and Collier County dated January 11,2005. :r~rn ~A 11!lIO~ ~-l~~_n ---~------. <:(U')..- ,.¡;;QO ..- 0..- "J_ _0 c:~~ 2 ~Q) -roo> ro::Jro "OcD.. cro Cl)""') OJ <:( ~ ~ þ~ II ~ ~. ~- .w.""" . " ..... ---.. , . -. .. .. . , . . . . . . . . . ~ . . . . . . . . . . · . . .. " . t. . . . . . . . . .. . . . , . . . . . 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I I; I 2I:a~ ;;; ; l I~ i IS ~ I . . '" I II I I I IICAEA ACADEMY PUD I Pili lED UI.T DEIElONEII PREPARED FOR: BARTON AND WENDY MCINTYRE 2200 Santa Barbara Boulevard NAPLES, FLORIDA 34116 and JOSEPH MAGDALENER 540 INLET DRIVE MARCO ISLAND, FLORIDA 34145 PREPARED BY: WILLIAM L HOOVER, AlCP HOOVER PLANNING & DEVELOPMENT, INC. 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 and JEFFREY L. DAVIDSON, P.E. DAVIDSON ENGINEERING, INC. 2154 TRADE CENTER WAY, SUITE 3 NAPLES, FLORIDA 34109 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER Agenda Item No. 8A January 11, 2005 Page 85 of 111 January 8. 2003 Mav 6. 2003 EXHIBIT "A" '-- --- .-.--- J~'6..~~?J TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN SECTION IV PRESERVE AREAS PLAN SECTION V DEVELOPMENT COMMITMENTS ii Agenda Item No. 8A January 11, 2005 Page 86 of 111 PAGE ii iii 1 3 5 8 12 13 - . --~------- --_. -_.._--~--,._._-_.- EXHIBIT "A" EXHIBIT AB" --- Agenda Item No. 8A January 11, 2005 Page 87 of 111 LIST OF EXHIBITS PUD MASTER PLAN PUD CONCEPTUAL UTILlTYIWATER MANAGEMENT PLAN iii -".---- -- Agenda Item No. 8A January 11, 2005 Page 88 of 111 STATEMENTOFCOMPUANCE The development of approximately 119± acres of property in Collier County, as a Planned Unit Development to be known as the Nicaea Academy PUD will be in compliance with the planning goals and objectives of Collier County as set forth- in the Collier County Growth Management Plan. The residential facilities of the Nicaea Academy PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location in relation to existing or propoSed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 2. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth In Objective 3 of the Future Land Use Element. 4. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 5. The project is located within the Urban Mixed Use District, Urban Residential Subdistrict, on the Future Land Use Map. The westerly side of the project has 40.7 acres of the project located within the Residential Density Band around the Immokalee Road/Collier Boulevard Activity Center and the. remaining 78.3 acres of the project are outside this Residential Density Band. The 250 proposed units and resultant density of 2.1 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: 40.7 Acres for an Urban Proiect Inside a Residential Densitv Band ease Density 4 dwelling units/acre Residential Density Band +3 dwellino units/acre Maximum Permitted Density 7 dwelling units/acre 78.3 Acres for an Urban Proiect Outside a Residential Density Band Base Densitv 4 dwellinc units/acre Maximum Permitted Density 4 dwelling units/acre ..---.-------- ----_.-..- .--- Agenda Item No. 8A January 11, 2005 Page 89 of 111 Maximum permitted units = 40.7 acres x 7 dwelling units/acre = 285 units plus maximum permitted units = 78.3 acres x 4 dwelling units/acre = 313. units for a total maximum number at 598 dwelling units at a maximum density of 5.03 dwelling units/acre. Requested dwelling units = 250. Requested density = 2.1 dwelling units/acre. 6. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. 2 ,.,-_.-.~ Agenda Item No. 8A January 11, 2005 Page 90 of 111 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Nicaea Academy PUD. 1.2 LEGAL DESCRIPTION The subject property being 119± acres is fully described as the South 1-2 of the South ~ of the South * less the west 100 feet thereof; and the South 1-2 of the North ~ of the South * of the South Y.2 less the west 100 feet thereof; all in Section 26, Township 48 South, Range 26 East, Collier County, Florida. 1.3 PROPERTY OWNERSHIP The subject property is owned by aarton and Wendy Mcintyre, 2200 Santa Barbara Boulevard, Naples, Florida 34116. The westeriy 8 acres of the subject property is under purchase contract by Joseph Magdalener, 540 Inlet Drive, Marco Island, Florida 34145 and the easteriy 111 acres of the subject property is under purchase contract by Jacob Nagar, P.O. Box 12228, Naples, Florida 34101. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the eastern side of Collier Boulevard just south of the Crystal Lake PUD (unincorporated Collier County), Florida. B. The entire project site currently has PUD Zoning and is proposed to be rezoned to PUD. 1.5 PHYSíCAL DESCRIPTION The project site is primarily located within the Cocohatchee Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is the Collier Boulevard Canal located along the western property boundary. Natural ground elevation varies from 10.0' NGVD within the on site wetland areas to 13.0 feet NGVD in the uplands. The average elevation 'being approximately 3 Agenda Item No. 8A January 11, 2005 Page 91 of 111 12.2 feet NGVD. The entire site is located within FEMA Flood Zone "X" with the base flood elevation undetermined. . The water management system of the project proposes the construction of a perimeter berm with crest elevation set at or above the 25-year, :HJay peak flood stage. Water quality pretreatment is proposed in the on-site lake/natural vegetation areas prior to discharge. The water management system will be permitted by South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation, minimum roadway centerline, perimeter berm and finished floor elevations, water, and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is predominately #18-Riveria Fine Sand, limestone substratum, and areas of #16-0!dsmar Fine Sand and #10-0Idsmar Fine Sand, limestone substratum. The site vegetation consists primarily of slash pine, cabbage palm, and cypress trees with upland areas of slash pine and saw palmetto. 1.6 PROJECT DESCRIPTION The Nicaea Academy PUD is a project proposed for a maximum of 250 residential units. 125 dwelling units are authorized to obtain building permits upon the effective date of this Ordinance and the remainder of the 125 dwelling units shall be authorized to obtain building permits upon the completion of C.R. 951 at a six-lane condition. Recreational facilities and other facilities and services will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screeninglbuffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Nicaea Academy Planned Unit Development Ordinance". 4 Agenda Item No. 8A January 11, 2005 Page 92 of 111 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. . 2.2 GENERAL A. Regulations for development of the Nlcaea Academy PUD shall be in accordance with the contents of this Document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and 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, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Nicaea Academy PUD shall become part of the regulations, whIch govern the manner in which the PUD may be developed. D. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall remain in full force and effect. . E. 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 Collier County Land Development Code. 5 Agenda Item No. SA January 11, 2005 Page 93 of 111 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 250 dwelling units shall be constructed in the residential areas of the project. 125 dwelling units are authorized to obtain building permits upon the effective date of this Ordinance and the remainder of the 125 dwelling units shalL be authorized to obtain building penn its upon the completion of C.R. 951 at a six-lane condition. The gross project area is 119± acres. The gross project density shall be a maximum of 2.1 units per acre. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses are illustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the land Development Code, when applicable, shall apply to the development of all platted tracts. or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers can be placed on the site after site development plan approval and prior to the recording of subdivision plats, subject to the requirements of Section 2.6.33.3 of the land Development Code. 2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. 6 Agenda Item No. 8A January 11, 2005 Page 94 of 111 A. Excavation activities shall comply with the definition of a "develop~ent excavation" pursuant to Section 3.5.5.1.3 of the land Development Code, whereby off-site removal shall be limited to 10 percent of the total volume excavated but not to exceed 20,000 cubic yards. B. All other provisions of Division 3.5, Excavation, of the land Development Code shall apply. 7 .-- '~""--'-- I· Agenda Item No. 8A January 11, 2005 Page 95 of 111 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 250 units. 125 dwelling units are authorized to obtain building permits upon the effective date of this Ordinance and the remaining 125 dwelling units shall be authorized to obtain building permits upon the completion of C.R. 951 at a sjx~ lane condition. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single-family dwellings (includes zero-lot line). 2. Two-family dwellings and duplexes. 3. Multi-family dwellings (includes townhouses and garden apartments). 4. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this PUD as determined by the Board of Zoning Appeals. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 3. Manager's residences and offices, and model units. 8 Agenda Item No. 8A January 11, 2005 Page 96 of 111 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Water management facilities. Such facilities may be incorporated within the Native Habitat Areas upon receipt of all agency permits and only if the clearing for such facilities does not cause the native vegetation acreage to go below 71.15 acres. 7. Recreational facilities such as boardwalks, walking paths and picnic areas, within any Natural Habitat Area. Such facilities may be incorporated with the Native Habitat Areas upon receipt of all agency permits and only if the clearing for such facilities does not cause the native vegetation acreage to go below 71.15 acres. 8. Supplemental landscape planting within Natural Habitat Areas, after the appropriate environmental review. 9. Any other use, which is comparable in nature with the foregoing uses, consistent with the accessory uses of this PUD as determined by the Board of Zoning Appeals. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Nicaea Academy PUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a pUblic or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. 3. Carports are permitted within parking areas and garages are permitted at the edge of vehicular pavements in multi-family projects. 9 Agenda Item No. 8A . January 11, 2005 Page 97 of 111 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (cer unit) Minimum Lot Width SINGLE-FAMILY TWO-FAMIL Y MUL TI-FAMIL Y 7,000 Sq. Ft. 5,000 Sq. Ft. NA 60' Interior Lots (1) 90' Interior Lots (1) NA (45')(2) 70' Corner Lots 1 10' Comer Lots NA (55')(2) 23' 23' 15' 0' & 12' or both 6' 0' & 12' or both 6' 7.5' . 0' & 15' or both 7.5' O' & 15' or both 7.5' 10' Not Applicable Not Applicable 12.5' 6' 6' 6' 20' 20' 20' 10' 10' 10' 20' 20' 20' (3) 20' 20' 10' 20' 20' 20' 25' 25' 25' 10' 10' 10' 25' 25' 25' 12' 12' 15' 15' 15' 20' Not Applicable Not Applicable 25' 12' 12' 12' Front Yard Setback Side Yard Setback 1 Story 2 Story 3 Story Accessory Structure Rear Yard Setback Principal Structure Accessory Structure PUD Boundary Setback Principal Structure Accessory Structure Lake Setback (4) Ueland Native HabItat Setback Principal Structure Accessory Structure Wetland Preserve Area Setback Distance Between Structures Main/Principal 1·Story 2-Story 3-Story Accessory Structures Maximum Heiaht: Principal Building 2 stories with maximum of 35' 20' (Clubhouse 35') 1200 Sq: Ft. a 3 stories with a maximum of 45' 2O'(Clubhouse 35') 1 Bedroom = 750 2 Bedroom = 900 3 Bedroom = 1100 (1) May be reduced on cul-de-sac lots and lots on the inside part of curved streets by 25%. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family structure Is on an Individually platted lot. (3) All 3-story buildings shall be set back a minimum of seventy-five (75) feet from the southern and northern PUD boundary lines. (4) Lake setbacks are measured from the control elevation established for the lake. a 2 stories with maximum of 35' 20'(Clubhouse 35') 1100 Sq. Ft. Accessory Building Minimum Floor Area Sq. Ft. Sq. Ft. Sq. Ft. 10 Agenda Item No. 8A January 11, 2005 . Page 98 of 111 B. Off-Street Parkina and Loadlna Reauirements: Parking shall be as required by Division 2.3 of the Land Development Code in effect at the time of building permit application. C. Ooen Soace/Natural Habitat Preserve Area Reauirements: 1. A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on-site for any residential project. 2. A minimum of 71.15 acres of Natural Habitat Areas or Preserve Areas shan be provided on-site, including both the understory and the ground cover emphasizing the largest contiguous area possible. These Natural Habitat Areas or Preserve Areas shall consist of at least 71.15 acres of native vegetation that is retained on-site as shown on the PUD Master Plan. D. Landscaoina and Bufferina Reauirements: 1. If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. 2. Landscaping and buffering shall be provided per Division 2.4. of the Collier County Land Development Code. E. Architectural Standards All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All roofs, except for carports, shall be peaked and finished in tile, metal, or architecturally-designed shingles (such as Timberline). F. Sism§ Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code. 11 ------ Agenda Item No. 8A January 11, 2005 Page 99 of 111 SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. 4.2 PERMITTED USE§ No building, structure or part thereof, shall be erected, altered or used, or land used, .in whole or part, for other than the following: A. Permitted PrincÎcal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas I may be approved after Planning Services Environmental Staff review. All supplemental plantings within the Preserve Areas may be 100% indigenous native species. 6. Any other use, which is comparable in nature with the foregoing uses and consistent with the permitted uses of this PUD as determined by the Board of Zoning Appeals. ]2 -" Agenda Item No. 8A January 11, 2005 Page 100 of 111 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set' forth the commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all applicable State and local laws, codes, and regulations applicable to this PUD, In effect at the time of final plat, final site development plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD Is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall 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 Document. 5.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County land Development Code, amendments may be made from time to time. 8. All necessary easements, dedications, or other Instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas In the project. 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A site development plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be 'completed in one or two phases. 13 -" "*^.<.._--~- ,- Agenda Item No. 8A January 11, 2005 Page 101 of111 A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. Monitorino ReDort: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County LDC. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and correct. B. 5.5 ENGINEERING 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 and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code. C. The developer and its successors and assigns 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. D. Prior to final site development plan approval a right-of-way permit shall be obtained, if required. 5.6 WATER MANAGEMENT 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 and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. C. A surface water management permit must be obtained from the South Florida Water Management District. D. No clearing or excavation is allowed until proper vegetation removal and excavation permits are obtained. 14 Agenda Item No. 8A January 11, 2005 Page 102 of 111 5.7 UTILITIES 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, 01-57, 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 Collier County and will' be billed by the County in accordance with the County's established rates. 5.8 TRAFFIC The development of this ,PUD shall be subject to and govemed by the following stipulations: A. All traffic control devices and design criteria used shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FOOT), as amended, and as required by Florida Statutes - Chapter 316, Uniform Traffic Control Law. B. All traffic speed limit postings shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FOOT) . Speed Zoning Manual, as amended, and as required by Florida Statutes - Chapter 316, Uniform Traffic Control Law. C. Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent certificate of occupancy (CO). D. External and internal improvements determined by Collier County Transportation Staff to be essential to thè safe ingress and egress to the development will not be considered for impact fee credits. All such improvements shall be in place prior to the issuance ()f the first CO. E. Road Impact Fees shall be paid in accordance with Collier County Ordinance 01-13, as amended. F. Access to the Nlcaea Academy PUD shall be from Tree Farm Road only. Any and all points of ingress and/or egress as shown on any and all plan submittal(s), are conceptual in nature and subject to change as determined by Collier County Transportation Staff. Collier County Transportation Staff reserves the right to modify, or close any ingress IS --' Agenda Item No. BA January 11, 2005 Page 103 of 111 and/or egress location(s) determined to have an adverse effect on the health, safety and welfare of the public. These include, but are not lim'ited , to: safety concerns, operational circulation issues and roadway capacity problems. G. Any and all median opening locations shall be in accordance with the Collier County Access Management Policy, as amended, and Land Development Code, as amended. Median access and control will remain under Collier County Transportation Staff authority. Collier County Transportation Staff reserves the right to modify or close any median opening(s) determined to have an adverse effect on the health, safety. and welfare of the public. These include, but are not limited to: safety concerns, operational circulation issues and roadway capacity problems. H. Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence of a point of ingress, egress and/or median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer(s). its successor(s) in title, or assignee(s). I. The development shall be designed to promote the safe travel of all users including pedestrians and bicyclists. To ensure this the following shall be the minimum requirements provided: 1. Pedestrian Travel Ways: a. On local roadways, sidewalks shall be a minimum of five feet in width. b. On collector and arterial roadways. sidewalks shall be a minimum of six feet in width. 2. Bicycle Travel Ways: a. On local roadway bike Janes are not required. However, it is preferred that travel lanes be a minimum of twelve feet in width so as to accommodate bicyclists, b. On collector and arterial roadways in addition to the vehicular travel lanes bike lanes shall be provided and they shall be a minimum four feet in width when there is curb and gutter and five feet in width when there is no curb and gutter. 16 ----------.------.---- Agenda Item No. 8A January 11, 2005 Page 104 of 111 Pedestrian and bicycle travel ways shall be separated from vehicular traffic areas in accordance with recognized standards and safe practices, as determined by Collier County Transportation Staff. J. The developer(s), its successor(s) in title, or assignee(s), shall be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), when determined warranted and approved by Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection, bum-in period, and final approvaVacceptance of any and all traffic signal(s), said traffic signal(s) shall be turned over (for ownership) to Collier County, and will then' be operated and maintained by Collier County Transportation Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developer(s)/property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage/impact. K. The developer(s) shall provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent CO. 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 tum lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way, shall be provided in conjunction with said improvement(s), as determined by Collier County Transportation Staff. . L. All work within Collier County rights-of-way shall meet the requirements of the Collier County Right-of-Way Ordinance Number 03-37, as amended. M. All internal access(es), drive aisle(s), and sldewalk(s), not located within County rights-of-way, will be privately maintained by an entity created by the developer(s), its successor(s} in title, or assignee(s). N. Joint/shared access(es) may be required by Collier County Transportation Staff I as a condition of site development plan approval. O. Frontage, midpoint and/or reverse frontage (backside) interconnection{s) may be required by Collier County Transportation Staff, as a condition of site development plan approval. P. Prior to development of any and all portion(s) of any and all development(s), site development plan approval shall be obtained/received from Collier County Transportation Staff. 17 --" Agenda Item No, 8A January 11, 2005 Page 105 of 111 a. In the event that Tree Farm Road, a private road, is used for access to the site, the road and bridge crossing of the canal shall be improved to County standards up to the project's entrance points prior to issuance of the first CO. The final access location points shall be approved at the time of site development plan submittal. At this time, the developer shall provide evidence that It can utilize Tree Farm Road for project access pending title search ownership results. R. If a gate is proposed at any andlor all development entrance(s) the gates shall be designed so as not to cause vehicles to be backed up onto any and all adjacent roadways. To ensure this result the following shall be'the minimum requirements: 1. The minimum throat depth from the nearest intersecting roadway edge of pavement shall be no less than 100 feet to the key padlphone box for the proposed gate(s). 2. A tum around area of sufficient width and inside tuming radii shall be provided between the aforementioned key pad/phone box and the proposed gate(s). S. The southernmost 40 feet of the parcel shall be reserved for right-of-way and shall be deeded to Collier County, at no cost to Collier County, within 90 days of receipt of notification by the Collier County Transportation Services Department that the property is needed for the purpose of providing a right-of-way for Tree Farm Road improvements. T. To assure maximum safety and mobility along the CR 951 corridor and to achieve maximum access potential for individual properties, Transportation Services Staff recommends that the developer of this property pursue a mutual agreement with neighboring property owners to gain access via Tree Farm Road. Transportation Staff will support a full median opening at the intersection of CR· 951 and Tree Farm Road or near by alternate location at such time as the adjoining property owners agree to dedicate the necessary right-of-way and construct Tree Farm Road in accordance with County standards from the East side of the Collier Boulevard Canal to one half mile east of Collier Boulevard. 18 Agenda Item No. 8A January 11, 2005 Page 106 of 111 5.9 PLANNING A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact ;s found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 8. If interconnections to existing and future developments are provided, the interconnection shall include sufficient right-of-way to acoommodate the roadway, sidewalks, and bike lanes. Sidewalks and bike lanes shaH be constructed concurrently with the roadway. C. Sidewalks shall connect on-site multifamily residential building(s) to a sidewalk within a public roadway or, if no sidewalk exists, to the right-of- way line in accordance with Subsection 3.2.8.3.17 of the Land Development Code. Should a two-directional shared use path be utilized, the minimum paved width shall be 10 feet. 5.10 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Environmental Services Staff. Removal of exotic vegetation shall not be counted towards mitigation for impaots to Collier County jurisdictional wetlands. B. The developer shall comply with the guidelines and recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding impacts to protected wildlife species. C. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to final site development plan/construction plan approval. This plan shall include the methodology and a time schedule for removal of exotic vegetation within the conservation/preservation areas. D. All conservation areas shall be designated as conservation/preserva1ion tracts or easements on all construc1ion plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordànce with Subsection 3.2.8.4.7.3 of the Land Development Code. 19 .-". .---- Agenda Item No, 8A January 11, 2005 Page 107 of 111 In the event the project does not require platting, all conservation ar'eas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. E. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places, and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and shall be subject to review and approval by the Environmental Services Staff. F. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. G. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted to Environmental Services Department Staff prior to final plaVconstruction plan approval. H. This PUD shall be consistent with the Environmental portions of the Collier County Growth Management Plan, Conservation and Coastal Management Element, and the Land Development Code in effect at the time of final development order approval. 20 <!L()"- ,..oQ 0 ..- ":) ..- '\J_ .0 E;:ê5 0) >...- ...... ..... -row ro:::lO> -oern eroe.. 0)- 0) <! ........... .,.".,. ........aw .......-1MCIMrII _~__ ......·4..__".. = ,,: NI fJHUlililNIOH!I NOS;OIA ~O - ..- --- I! II I IS I ¡I· uP I I I ~- ------ ¿£) ;I! ------ ==~~========--- '" YO ~.. 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I . . .. . t . .. .. .. ....... · . . . .. ... ......... · .. .. .. ... ....... It It .. .. . .. ... .......... .. .. .. . .... ... It .. .. .. ..........,......"............. .. It .. , . It .. . .. . It It . . .. . . .. .. . .. . . . . .. .. .. .. .. . . .. .. . . . . .. . · . . .. . .. .. . .. .. . .. .. .. . It It .. .. · It .. . . . .. . .. .. . .. . . . . .:.... . .. .. . ..... .............................. C't B J&«iI and 'tf3V0IN IIWNDft A.CKIM Ol't ~ 'I I I I III I 2*-1 . ~. ~' ;:;;:;::Je : 1;1 n ~ I,: ~ ~ I!:!J ~ 4,111" ~ ~h fj . ~I I. =! Agenda Item No. 8A January 11, 2005 Page 110 of 111 ORDINANCE NO. 03-!.L ~:..- .;....... f . T ~: r- '-. .. ' . =1 .. , r -' ( -.. ! ';" ; r- .' '. ,. " :"J .. a:"·i :..) þr'1 r.,¡ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZON1NG REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8626S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NICAEA ACADEMY PUD, FOR PROPERTY LOCATED EAST OF COLLER BOULEVARD (C.R. 95 I) APPROXIMATELY ONE MILE SOUTH OF IMMOKALEE ROAD (C.R. 846) IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA, CONSISTING OF APPROXIMATELY 119 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2000-52, THE FORMER NICAEA ACADEMY PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William Hoover, AICP, of Hoover Planning and Development, Inc., representing Barton and Wendy McIntyre, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The zoning classification of the herein described real property located in Section 26, Township 48 South, Range 26 East, Collier County, Florida, is changed {rom "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8626S, as described in Ordinance Number 91-102, the Coltier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 2000-52, known as the Nicaea Academy POO, adopted on August 14, 2000 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. "---._"-_.- PUDZ-A-2004-AR-6142 PROJECT #2001070025 DATE: 7/1/04 MICHAEL 80SI ---......-.. Agenda Item No. 8A January 11 , 2005 Page 111 of 111 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~'àay of ~lô\J~ ,2003. ATTEST: DWIGHT E. BROCK, CLERK .c.. . ~:" ~ .~: !:':~~jL ~ ~~~vêd~, t,o'~Jin'~ LeM! SufflClärlèy. .~~. -rr1 ~~¿e"'~ . {JhldItd Mæjorie . Student . Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY :i-- ThIs ordinance flied with th. ~Of~rg;;~ce~~ eS;L doy of and ockllowledgement '# !hot filing rwcelved this ~ doy Ofœu~ By . c.,. _":'~.O.¿. ..------... Agenda Item No. 88 January 11, 2005 Page 1 of 28 EXECUTIVE SUMMARY PUDEX-2004-AR-6694 Bayview Villas, LLC, represented by Dwight Nadeau, of RWA, Ine., requesting a two-year extension of a Planned Unit Development (PUD) zoning granted by Ordinance No. 2000-05, pursuant to LDC Section to.02.t3.D for the North Port Bay PUD. The property, consisting of 46.33 acres, is located north of U.S. 41 (Tamiami Trail), east of the Fahka Union Canal, in Sections 4 & 9, Township 52 South, Range 28 East, Collier County, Florida. OBJECTIVE: To have the Board of County Conunissioners consider a request for a two-year extension of the development time limit of the North Port Bay PUD as well as ensuring that project is consistent with all the applicable County regulations and to ensure that the community's interest is maintained. CONSIDERATIONS: Section 1O.02.13.D of the Land Development Code (LDC) requires the PUD property owner to submit an annual report outlining the progress of development one year from the date the PUD zoning was adopted by the Board of County Commissioners, and every year thereafter based on the anniversary of its adoption. For those PUD zoned projects approved prior to October 24, 200 I, as the North Port Bay PUD was, if on the fifth year of their adoption the authorized development has not commenced to the thresholds established by the LDC, then the PUD is "sunsetted," which means no development approvals can be granted until the PUD is extended, amended or rezoned. This procedure is commonly referred to as the sunsetting provision of the LDC. The LDC allows PUD projects to be considered for up to two, 2-year extensions. This project is seeking approval of one extension for a term of two years. That extension time would allow the project to have an additional two years to develop under the auspices of the existing PUD document. The project was rezoned from the Resort Tourist (R T) and Conservation (CON) zoning districts to Planned Unit Development (PUD) on January 25, 2000 to allow development of 248 multi-family residential units, along with ancillary amenities and provide for preservation areas, which is an overall density of 4.96 units per acre. The PUD provides three tracts, totaling 15.32 acres, of preservation/recreation. The applicant states that the current owner of the land purchased the property with significant fiscal encumbrances, which had to be cleared before development of the site could move forward in accordance with the PUD limitations. This process delayed development, and the applicant can no longer obtain development orders prior to the PUD sunsetting. Synopsis of Approved Land Uses: .-' The PUD document that was adopted as part of the previous rezoning approval (Ordinance Number 2000-05) contains the list of uses approved for the project. As part of this extension request, no changes are proposed to the PUD nor are any changes proposed to the Master Plan. No changes can be made to a PUD as part of a request to extend the sunsetting date. The PUD, if extended, would retain the approved development intensities that were granted in 2000; any changes would require a separate amendment petition request. North Port Bay PUD, PUDEX-2004-AR-6694 Page 1 of 4 Agenda Item No. 88 January 11, 2005 Page 2 of 28 ,- This PUD is surrounded by several types of land uses. The Port of the Islands development is located to the north. The Fahka Union Canal and vacant land lie to the west of the PUD. U.S. Highway 41 (Tamiami Trail) and additional Port of the Islands residential development lie to the south. The Fakahatchee Strand State Preserve is adjacent to the PUD property along the eastern boundary of the PUD. Consistency with the Collier County Growth Management Plan (GMP): The subject property carries the Urban Designation, Urban-Mixed-Use District, on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The 2000 rezoning action was deemed consistent with the GMP; no changes are proposed to the PUD document or the PUD Master Plan, and the GMP allows exceptions as noted above, therefore the PUD remains consistent with the GMP. The Urban-Mixed-Use District (as discussed within the Future Land Use Designation Description section of the Future Land Use Element (FLUE» contains the following language regarding the Port Of The Islands Development: "Port of the Islands is a unique development, which is located within the Urban Designated Area, but is also totally within the Big Cypress Area of Critical State Concern. However, a portion of the development was detennined "vested" by the State of Florida, thus exempting it from the requirements of Chapter 380, Florida Statutes (Development of Regional Impact reviews). Further, ,_ there is an existing Development Agreement between Port of the Islands, Inc. and the State of Florida Department of Community Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands is eligible for all provisions of the Urban - Mixed Use District in which it is located to the extent that the overall residential density and commercial intensity does not exceed that permitted under zoning at time of adoption of this Plan." With regard to the North Port Bay Development, consistency with the FLUE is predicated upon consistency of the proposed development with the 1985 Developer Agreement between Port of the Islands, Inc. and the Florida Department of Community Affairs (DCA), as this agreement has been incorporated into the FLUE by reference. The 1985 Developer Agreement contains some specific criteria for "Parcel I" (the subject property comprises a portion of Parcel l), but also requires this area to be regulated under the provisions of the Big Cypress Area of Critical State Concern (ACSC), which surrounds the property on three sides. Since U.S. 41 is a State-maintained roadway, development of the North Port Bay PUD will be contingent upon the results of a Project Development & Environmental (PD&E) Study to be conducted by the Florida Department of Transportation (FDOT). Collier County has entered into an agreement with FDOT concerning funding of the PD&E Study (September 28, 2004). The Study will detennine the impact mitigation that may be required of North Port Bay. ..-- The petitioner is proposing to extend the time period of the 2000 PUD Ordinance until January 25, 2007. The petitioner has not proposed any additional changes to the PUD document. Within the PUD review packet is a copy of an August 19, 1999 letter from J. Thomas Beck, then Director of the Division of Community Planning at the Florida Department of Community Affairs. Mr. Beck stated in the letter that the Department "will not appeal those rezones" (refening to the zoning actions covered by Ordinance 2000-05). In essence, the Department found that the proposed PUD North Port Bay PUD, PUDEX-2004-AR-6694 Page 2 of 4 Agenda Item No. 88 January 11, 2005 Page 3 of 28 was consistent with the Developer Agreement. Therefore, Comprehensive Planning staff believes that the current PUD proposal is also consistent with the Agreement. However, Comprehensive Planning staff suggests that the petitioner obtain a similar finding from DCA relative to the cUlTent petition. Area of Critical State Concern Overlay Provisions: The 1985 Developer Agreement essentially requires that Parcel I (the subject property) be reviewed under the County's Zoning provisions, as consistent with the Big Cypress ACSC requirements (Chapter 28-25, Florida Administrative Code). The Collier County Future Land Use Element (FLUE) contains an "Area of Critical State Concern Overlay," which is intended to implement the requirements of the ACSC at the County jurisdictiona11evel. The 2000 PUD Ordinance did include provisions for wetland preservation and bay reconfiguration that differed from the provisions for Parcel I, as contained in the 1985 Developer Agreement. However, as part of its review of the proposed activities DCA had previously found these changes to be consistent with the Agreement and thereby the Big Cypress ACSC. Since the petitioner has not proposed any changes from the 2000-05 PUD Ordinance, Comprehensive Planning staff is of the opinion that this PUD extension is also consistent. Consistency with the Collier County Land Development Code (LDC): ....-- Section 1O.02.13.D. of the LDC requires the Board of County Commissioners to make formal findings to support approval of a PUD extension request. Staff offers the following findings for consideration by the Board of County Commissioners: 1. The PUD and the Master Plan are consistent with the current Growth Management Plan, including, but not limited to, density, intensity and concurrency requirements (LDC §lO.02.13.D.6.b.i..). No changes have been adopted to the GMP that would make the previously approved PUD inconsistent, therefore the PUD remains consistent with the GMP. 2. The approved development has not become incompatible with existing and proposed uses in the surrounding area as the result of development approvals issued subsequent to the original approval of the PUD zoning (LDC §10.02.J3.D.6.b.ii.); and No changes have occurred in this area that raise compatibility issues. The development nearby existed when this PUD was approved, and the project was deemed consistent with the overall Growth Management Plan, and therefore in compliance with specific goals, objectives, and policies of that Plan that require compatible development. Therefore, the uses approved in this PUD remain compatible with proposed uses in the area. 3. The approved development will not, by itself or in conjunction with other development. place an unreasonable burden on essential public facilities (LDC §lO.02.13.D.6.b.iii.)s. Public Utilities Division staff made the following comments regarding the PUD Extension: -- This development is not within the County water and wastewater service areas and thus, neither potable water service nor wastewater service are available from Collier County. Provision of North Port Bay PUD, PUDEX-2004-AR-6694 Page 3 of 4 Agenda Item No. 8B January 11, 2005 Page 4 of 28 utilities is subject to County ordinances, standards, and in-place agreements. This development is within the Port-of-the-Islands Community Improvement District. At the time of SDP or final plat review, the developer shall submit the following: 1) A "Statement of Utility Provisions for PUD REZONE Request" should be submitted with the designations for applicable sewage disposal and water service systems. 2) A letter fÌ'om the Port-of-the-Islands Community Improvement District service provider must be submitted stating the available capacity to provide for this development, and that they have reviewed and approved these plans. Environmental staff has the following feedback regarding this petition: The conceptual site plan included on the aerial shows a lake in one of the PreservelPassive Recreation Tracts, and parking and recreation amenities/club house in another PreservelPassive Recreation Tract. Uses within preserve areas shall be in accordance with those identified in Policy 6.2.5 (5)(d) of the GMP-CCME. Given that much ofthe site has been previously cleared when Port of the Islands was originally created and that the PreserveIPassive Recreation Tracts shown on the PUD master plan exceed the minimum native vegetation preservation requirement for the County, an interpretation fÌ'om the County Attorney's Office may be required. -- The Transportation Services Division staff requires a new Traffic Impact Statement (TIS) from the applicant. However, the petitioner contends that "the development order currently in for review (AR-6836), which is associated with this PUD, contains a TIS for the proposed 248-multi family dwelling units. This TIS will be used for review and evaluation of the PUD extension. Furthermore, the staff report will reflect the findings and consistency with GMP". FISCAL IMPACT: Extension of the PUD will have no fiscal impact upon Collier County. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: PUD extensions are not heard by the CCPC. RECOMMENDATION: That the Board of County Commissioners approve the proposed two-year extension of the PUD time limit until January 25, 2007. PREPARED BY: Heidi K. Williams, Principal Planner Department Of Zoning & Land Development Review - North Port Bay PUD, PUDEX-2004-AR-6694 Page 4 of 4 lIem Number ttem Summary Meeting Dote Agenda Ilem No. 8B January 11, 2005 Page 5 of 28 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8S PUDEX-2004-AR-6694 Sayview Villa. LLC repre.enled by DWlghl Nadeau, of RWA. Ino, requesting a lwo-year extansion of a Pla,med Unit Development (PUD) z.oning granted by Ordinance No, 2000-05, pursuant to LOC Section 10.02.13.D for the North Port Bay PUD ThE! property, consisting of 4633 Bcres, is !oc'1ed porth of U.S. 41 (Tamiarni TraIl), east of the Fahke Union Canol In Sections -4 & S, Township 52 South, Range 28 East, CoUier County, Flonda 1/11/2005800:00 AM Prepored By PrincipII Planner 12/1712004 9:30:18 AM Heidi Williams CDmmuníty Development & Environment.1 Services Date Zoning & La.nd Development Reyiew Constance Ä. Johnøon Date Approved By Community Development & Envlronrnetrltal 5ervlceti Operations Analyst Community Development & EnvironmentAl Service . Adrnin. 12/211200410:33 AM Approved By Suslln Murray, AlCP Community Development & E.nvironmental Serylces Zoning & Land DevelopmC'!nt Director Date lo"log & Land Development Review 121211200412:40 PM Sandra Loa DatI!! Approved By Community Development & Environmental SOlYìces Executive Secretary Community Dt!vclopmønt & Environmental ServIces Admin, 12/21/20041:0 PM Approved By Joseph K. Schmitt Community Development" Environmental Sorvlcl!Is Community Development & Envlronmemtal S~rvfces Admlnstrator Community Development & Env ronm&ntal Services Admin. Dute 12122/20041 :36 PM TnIInsportatìon Division Administrator Date Approved By Norm E. Feder, AICP Tran,¡portion Services Transportation Services Admin. 12123/2004 10: 41 AM OMB Coordinator AdnllnJstra:tlvÐ A$slstll"t Dato Approved By County Manager's Office Office 01 Management & Budget 12/231200411:08 Þ-M Marl< Isackson Budget Analyst Date Approved By County Manager's Office Office of Mnnag(lment & Budget 12/23120044:53 PM MIchael Smj41o\N&ki Management & Budget Director Date Approved By County Man_ger's Office Office of M.nagement & Budget 12/27/20048:38 AM Approved By Jomu V, Mudd Board of County Comml86loners. County Manl.lQ\?:r Date County Manogœr's Office 12130120042:08 PM ORDINANCE NO. 2000- 05 Agenda Item No. 88 January 11, 2005 Page 6 of 28 AN ORDINANCE AMENDING ORDINANCE NUMBER. 91·102 niB COLLIER COUNTY LAND DEVBLOPMENT CODE WHICH INCLUDES THB COMPREHENSIVE ZONING REGULATIONS FOR niB UNINCORPORATED AREA OF COUJER COUNTY. FLORIDA BY AMENDING THE OmC[AL ZONING ATLAS MAP NUMBER 2809N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "RT" RESORT TOURIST AND "CON" CONSERV A nON DISTRICT TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NORTH PORT FOR A MIXED USE RESIDENTIAL PROmCT CONSISTING OF 248 DWELLING UNITS. LOCATED AT THE NORTHEAST CORNER OF V.S. 41 AND FAKA VNTON CANAL IN SECTIONS 4 AND 9. TOWNSHIP 52 soum. RANGE 28 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 50: ACRES; AND BY PROVIDING AN EFFECTIVE DA 1E. WHEREAS. Robert L. Duane, A[CP, or Hole, Montel .t Associatcl. Inc:.. rqnaenling North Port DeveIopmcm, Inc., petitioned the Baud of County Commissioners to change the zoning classification ofthc hcrc.in described real property; NOW. 'I'HEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: ~o ....... The zoning classification of the bcrcIn described real property located In S~ 4 IIId ~ 52 :> ~." South, Range 28 East, Colüer County, Florida, is changed from "RT" ReIort Tourist and "CON" ~m§ß _ c.n~ - r District to "PUO" Planned Unit Development in aocordaoco with the North Port PUD I)oçumcnt. ált1idœd.llm:tar- ~~ 3!-111 as Exhibit" A" and incorporated by reference herein. The Ofticial Zoaing Atlas Map Number 280~~ ~ -> N in Ordinance Number 91-[02, the Collier County Land J>eyeJopmcnt Code. is hereby amended lC~øIr SECTION TWO' This Ordinance shall become clfec:tivc upon filing with the Dcpanmcm of State. PASSED AND DULY ADOPTED by !he Board of County CommilSÎOncn of Collier County, Florida. this ~dayof ~"'~'D~ _2000, <3"'" ,. ".. '. """ .. ,~ BOARD OF COUNTY COMMISSIONERS COLLIER CO A " . " .... '. ):~;7~'1::' ". ", e,,__>~~;:,:.;,~:~>.:; '. ~ "'" "".;,. . ....._.~. ...~... 111. ~ . ". " ,DWIGHT E, BROCK, Clerlt ' Attest .1 to Chatnlll". - ÅPP~L\UI~~ and Legal Sufficiency ~~;, /h·!k,kt'l Maljo M. Student ' Assistant County Attorney -1- Agenda Item No. 88 January 11 , 2005 Page 7 of 28 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 foregoing is a true copy of: ~at fF,he >0 c::o ,..,.." c::o C;r. <= __:;('I c- ::c ._, ~ :Þ ::J: t.o) ~c:! ~::¡ q1!!:\h~ o~ ca æ~ N ~'" N " - r- m c ORDINANCE NO. 2000-05 Which was adopted by the Board of County Commissioners 25th day of January, 2000, during Regular Session. WITNESS my hand and the official seal of the Board of County commissioners of Collier County, Florida, this 26th day of January, 2000. This ordinance f¡!~d wah In: f <:¡(nc' 5 Olt."c Ih_ ~Ct~oIY ~f~' ~ .:1 - doy f that o"d ocl,."owl:x!ge~~\:a _ uo fil¡nt:cÐ~"Cd~ y of ~ Al~ By .... ;';ty -C1JI1L DWIGHT B. BROCK . ....:~:~':..:.~I~':';;:;·.~·':·::>.-. Clerk of Courts and Clerk.... ,: . \ 'I' '. ';', \ Ex-officio to Board of : .<'. ',/' ;., '2...' counQ~_~ioners , : .,':' ~:?>":;', ·~,..i '.: ,L_-.: : ';;i..., \ ·.~:':':U:.::, " ,., 0. _ "~'.: '. '..; .:.._...:::: .~:.~ ;; ~ .., :;';'.'·';'R'~\"'V:.."~ By: Arlene J. Baker, Deputy Clerk '-- .-..", - ~." --' -- - -- .-.. , '"'t ",! -. ."'-~--- - '.-.-... --.. ; , .; I '¡' : j L L.:: .::- : ..~. ,', -:-" ~-; - ',:. . ...:.',' ------..--.-- ....- ~.. ......' ...--. e NORTH PORT BAY A PLANNED UNIT DEVELOPMENT Prepared by: HOLE, MONTES AND ASSOCIATES, INC. 715 Tenth Street South Naples, Florida 34102 January, 2000 HMA File No. 1999008 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals e Agenda Item No. 88 January 11, 2005 Page B of 28 EXHIBIT A . . Agenda Item No. 88 January 11, 2005 Page 9 of 28 TABLE OF CONTENTS Page SECTION I - Statement of Compliance ..........................................................................................1 SECTION II - Propeny Ownership, Legal Description, Short Title, and Statement of Unified Control......... ...... ............... ....... ................... ............. ..............3 SECTION III - Statement oflntent and Project Description...........................................................4 SECTION IV - General Development Regulations ........... ........... ......... ..... ......................... ............5 SECTION V - Pennitted Uses and Dimensional Standards ............................................................9 SECTION VI - Environmental Standards...................... .................................... ............................11 SECTION VII - Transportation Requirements ............................... ................. ........ ......................12 SECTION VIII - Utility and Engineering Requirements................. ............. ........................ ........ .13 SECTION IX - Water Management Requirements .......................................................................14A EXlDBITS Exhibit A - PUD Master Plan Exhibit B - Legal Description ! . . Agenda Item No. 88 January 11, 2005 Page 10 of 28 SECTION I Statement of Compliance The Development of approximately 49.96 acres of property in Collier County, as a Planned Unit Development (PUD), to be known as North Port Bay, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and recreational facilities of North Port Bay will be consistent with growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth ~anagement Plan for the following reasons: 1. The subject property is within the Urban Mixed Use Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and 5.3 of the Future Land Use Element. 2. The Urban Mixed Use Residential designation is intended to provide locations for the development of higher densities and intensities of land use. 3. The Future Land Use Element notes that "development within the Port of the Islands shall be regulated by the Development Agreement between the Port of the Islands, Inc. and the Florida Department of Community Affairs dated July 2, 1985. 4. The Future Land Use Element further notes that "given the unique and isolated location, and the existing Development Agreement, development within the Port of the Islands shall be regulated by the Development Agreement and the overall residential density and commercial development shall not exceed that pennitted under zoning at time of adoption of this plan." 5. The Department of Community Affairs (DCA) has determined that the proposed rezoning is consistent with the 1985 Development Agreement. 6. The proposed PUD rezoning oft.be subject property will not exceed the density pelU.titIÑ under the existing zoning at the time of the application for PUD rezoning; therefore, it may be found consistent with the CoHier County Growth Management Plan. 7. The subject property's location in relation to the existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 8. The project development is compatible and complementary to existing and future s1U'l'OUlldiDg land uses as required in Poticy 5.4 of the Future Land Use Element. 9. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. - 1 - .~.~..,-:.~~' . . Agenda Item No. 88 January 11, 2005 Page 11 of 28 10. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. 11. All fInal Development Orders for this project are subject to the CoHier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance, Division 3.15, of the Land Development Code. - 2- e e Agenda Item No. 88 January 11, 2005 Page 12 of 28 SECTION II Property Ownership, Legal Description. Short Title and Statement of Unified Control 2.1 Property Ownership The subject property is currently owned by North Port Development, Inc. 2.2 Legal Description Being a part ofland located in a portion of Sections 4 and 9, Township 52 South, Range 28 East, more particularly, described in Exhibit "B." 2.3 General Description of PropertY The property is located in the Port of the Islands on the north side of US-41. The zoning of the subject property prior to the application for PUD rezoning is for the Resort Tourist District (R- T) and the Conservation District (CON). Physical Description The Stonnwater Management Plan for the North Port Bay POD will consist of two drainage basins which will outfall into the existing/proposed lake after pretreatment. Site elevations vary from 3.5 to 6.0 feet. The soil types are: Holopaw Basinger Complex (33), Kesson Muck (52), and Basinger fine sand (56). The flood zone is AE-7. 2.4 Short Title This Ordinance shall be known and cited as the "North Port Bay 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. Development of this Planned Unit Development will occur in accordance with the Planned Unit Development regulations contained herein and any conditions approved with the rezone petition as described and agreed to within the PUD Ordinance. - 3 - . . Agenda hem No. 88 January 11, 2005 Page 13 of 28 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 the Collier County Land Development Code (LDC) that will permit two hundred forty-eight (248) multi-family dwelling units for the subject property. The purpose ofthis 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 Plap. ., Î ".- Project Description The Project is comprised of 49.96 acres located within Sections 4 and 9, Township 52 South, Range 28 East. Access to Nonh Port Bay is provided from an existing roadway through the proposed project. The Project will provide for two hundred forty-eight (248) multi-family units at a gross project density of approximately 4.95 dwelling units per acre. 3.3 Land Use Plan and Project Phasing A. The PUD Master Plan contains a tow of one (I) residential tract and additional areas for recreational use. water management, and lakes as depicted on the PUD Master Plan. The 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 five (5) years from the time of issuance of the first building permit. -4- -. . Agenda Item No. 88 January 11, 2005 Page 14 of 28 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 North Port Bay 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 North Port Bay 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 Collier County Land Development Code (LDC) and 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 POD Master Plan and the regulations of this POD 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 tenus shall be the same as the definitions set forth in the LDC in effect at the time of building pennit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the North Port Bay PUD shall become part of the regulations which 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 pennit issuance applicable to this Development. E. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. 4.2 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be perfonned in accordance with the Collier County LDC and the standards and commitments of this document in effect at the time of construction plan approval. - 5 - . . Agenda Itëm No. 88 January 11, 2005 Page 15 of28 ..U 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. 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 applicable regulations in effect at the time construction plans and plat approvals are requested. 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. Should pennits that may be required from the SFWMD or the USACOE to expand the boundary of the lake depicted on the PUD Master Plan result in incidental changes to the Master Plan, such as relocation of the roadway through the Project, these kinds of changes may be approved administratively. Other 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 LOC, 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 pennit 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. -6- . . Agenda Item No. 88 January 11,2005 Page 16 of28 -+.6 Provision for Offsite Removal of Eanhen 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 off site removal shall not exceed ten ( 10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. 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 LOC are applicable. 4.7 Sunset and Monitoring Provisions North Port Bay POO shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUO Master Plans and Section 2.7.3.6, of the LDC Monitoring Requirements. 4.8 Polling Places Any community recreation/public building/public room or similar common facility located within the North Port Bay POO may be used for a polling place, if determined necessary by the Supervisor of Elections, in accordance with Section 2.6.30 of the LDC. 4.9 Native Vegetation The project will meet the native vegetation requirements ofOivision 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property; however, the little existing native vegetation occupying the site may be relocated into buffer areas to meet this requirement along with additional vegetation areas required by Section 2.4 of the LDC. -7- e . Agenda Item No. 88 January 11, 2005 Page 17 of 28 .+.1 0 Open Space In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space will be allocated within each subsequent development area. Open space may be in the form of landscaping, additional buffers, passive or active recreation areas and water management facilities. The total aggregate of such open space areas shall meet or exceed the open space requirements of Section 2.6.32 of the LDC, which requires a minimum of sixty (60) percent for residential developments; however, in no case shall less open space be provided than as depicted on the PUD Master Plan. 4.11 Archaeological Resources The Developer shall be subject to Section 2.2.25.8.1 of the LDC penaining to archaeological resources in the eyent they 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. ,Y - 8 - . . Agenda Item No. 8B January 11, 2005 Page 18 of 28 SECTION V Pennitted Uses and Dimensional Standards 5.1 Purpose The purpose of this Section is to identify permitted uses and development standards for areas within the North Port Bay PUD designated for residential development on the PUD Master Plan, Exhibit" A." . 5.2 Maximum DweJling Units Two hundred forty-eight (248) multi-family dwelling units are permitted within the North Port Bay PUD. 5.3 General Description The PUD Master Plan designates the following uses for each tract designated on the POO Master Plan. TRACT ACRES USE A 3.74 PRESERVElRECREA nON B 9.32 PRESERVFJRECREA nON C 18.62 RESIDENTIAL D 2.26 PRESERVElRECREA nON BA Y AREA 16.02 OPEN SPACE TOTAL AREA 49.96 The approximate acreage of residential tracts is depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses found in residential areas. 5.4 Pennitted 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: -9- . . .. e .- Agenda Item No. 8B January 11, 2005 Page 190f 28 1. Principal Uses: (a) ~ulti-farnily dwellings, including garden apartments (b) Any other housing type which is comparable in nature with the foregoing uses and which the Development Services Director detennines to be compatible with residential uses. 2. Accessory Uses and Structures (a) Accessory uses and structures customarily associated with principal residential uses permitted in this District, including recreational facilities. 5.5 DeveLopment Standards 1. Dimensional standards for pennitted uses: Minimum lot area: NI A Minimum lot width: Fifty (50) feet for duplex lots, not applicable for other multi-family structures Minimum yard requirements: Front yard: Twenty-five (25) feet Rear yard: Twenty-five (25) feet Side yard: Fifteen (15) feet Maximum height: Forty-five (45) feet Distance between structures: A minimum of thirty (30) feet Minimum floor area: 750 square feet 2. All landscaping shall be in accordance with Division 2.4, Landscaping and Buffering of the LDC. 3. All sipage shall be in confonnance with Division 2.5 oftbe LDC. 4. All parking shall be in confonnance with Division 2.3, Off-Street Parking and Loading of the LDC. No parking facility shall be designed to permit vehicular traffic to directly ingress and egress Cays Drive. 5. Setbacks shall be measured from the legal boundary of the lot and are inclusive of easements with the exception of easements that comprise a road right-of-way. - 10- . . Agenda Item No. 88 January 11, 2005 Page 20 of 28 SECTION VI Environmental Standards The purpose of this Section is to set fOM the environmental commitments of the Project Developer. 6.1 Petitioner shall be subject to the Collier County Growth Management Plan. Policy 12.1.3 contained in the Conservation and Coastal Management Element (discovery of a archaeological or historical site, artifact or other indicator of preservation). 6.2 Environmental pennitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Staff. Removal of exotics alone shall not be counted as mitigation for impacts to Collier County jurisdictional wetlands. 6.3 The PUD shall be consistent with the environmental sections of the Collier County Growth Management Plan Conservation and Coastal Management Element and the Collier County Code at the time of final development order approval. 6.4 Existing cabbage palms and other viable habitat may be relocated to project buffer areas to meet the requirements of Division 3.9 , Vegetation Removal, Protection and Preservation of the LDC. - 11 - · .. Agenda Item No. 88 January11, 2005 Page 21 of 28 SECTION VII Transponation Requirements The purpose of this Section is to set forth the transportation commitments of the project Development. 7.1 The Developer shall provide aneriallevel street lighting of the project entrance. Said lighting shall be in place prior to the issuance of any Certificate of Occupancy. 7.2 Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. 7.3 All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745. Florida Statutes. 7.4 The road impact fee shall be as set forth in Division 3.15 of the Collier County Land Development Code. .' ..l v'~ ~'. -_._._._.¡,. ~~_. .--.'- .... .... - 12- · .- Agenda Item No. 88 January 11, 2005 Page 22 of 28 SECTION VIII Utility and Engineering Requirements The purpose of this Section is to set forth the utilities and engineering commitments of the Project Developer. 8.1 Utilities A. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with the requirements of the Port of the Islands Utility District. 8.2 Engineering A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Engineering Review Services Department for review. No construction permits shall be issued unless detailed paving, gradin& site drainage and utility plans are submitted to the Engineering Review Services Department and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Engineering Review Services Department B. Desi¡n and c::onstructioD of aU ~f!II~."" _subject to c::o"'J'liance with the Ç9aopril&e provisiou of the Collier COUDty LDC. .......4.. C. Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC, if applicable. D. The Developer and all subsequent owners of this Project shall be required to satisfy the requirements of all County ordinant'.es or codes in etfec:$ prior to or c::onCUI1"CD.t with any subsequent development order [p.1..,to this site, including but not limited to Prel"'i~ Subdivision PIaiIf- Development Plaos and any other applications that will result in .. issuance of a final development order. .'-..----. ............ ..._~:t. -" , .'.,.~'~.. --. - 13 - '~ . . Agenda Item No. 88 January 11, 2005 Page 23 of 28 SEctION IX - Water Management Requirements The purpose of this Section is to set forth the water management commitments of the Project Developer. 9.1 Detailed paving, grading and site drainage plans shall be submitted to the Engineering Review Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. 9.2 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 of the side, rear or abutting property lines with side, rear or abutting property lines fenced. 9.3 Landscaping may be placed within the water management area in compliance with the criteria established within Section 2.4.7.3 of the LDC. 9.4 The wet season water table elevation shall be established at the time of the South Florida Water Management District pennitting, which is required for the subject property. - 14- ---"'~- . . A IT ACH MASTER ·PLAN AND LEGAL DESCRIPTION - 15 - Agenda Item No. 88 January 11, 2005 Page 24 of 28 -.--- - ---- I I I I I I I I r ,J I I I I I t I -I' - ~ ! . i . = . :1 ~~ii~i ~ ...i ~ .. i .. <tee... ~ .. ar !~:;:~: co I :::;, - ~ ~I ¡ . .."'.-"'- c II' '" " II' C .. c ¡I cc.UOC ¡¡¡i~ ! . , i¥v~;i ~ -~ ~ U:..9I II .. i. I!!II!!~ !!!I¡ ~ a . III . i I II ! .. ~ U'tl. I i ; .. ~ " n~!i r U : .. , , . ~ u_: ~~ill u.= w..!,! :::1 ãic "' tç ,~ ::..!:.. c. ¡; !! --------------- -------------------- ~ III lllUllll . UH1Hllll l' \ \ \ \ \ 1 \ \ II \, It\Hll\llllll\ \\\\l\\ll\\\\\ll II.! \l"l\'\\l'\ll\\\\ ~ \\\\11\\\1\1\11\\11\ \\\\\\\\l\\l\\\\'\'\\\ 1 \ \ \ \ 1 \ 1 \ 1 III \ 1 1 llll 1 \ 1 \I \\\\\\\\\\\\\\\\\\\\\\\\\\1 ll\l\\\\\\tttttt\\J\\\\\\t\t ttlt\l\\\\t\\\\t\l\~l\t\t~\\ . 1 t, 11 t t" \ l' \ \ \" \ \ '." \ \ \ It 'l\t\\l\l\\\l\\'t\t,t ,\t,\" \l111111\\\\111111\1\ !f! \ \\\1\\1, \lll\l\ 11 t llll \\ II \ 1 \l d 11 \ 1 11 \1i 111\ \1 Ul\ \ 1 \l \l 1 \l \l Ull \ H llll L.l.l.I..U t..l U \..l.U..U. U U 1..\.l.l.U U 11 1\\\1\\\1\\\\\\\\\1\\\\\\\\ 11\ \ \ \ \ \ \ \ 1 \ \ \ 1 \I! \ \ \ n \ \ II \ 1 \ \ \ \ 1 \ I \ I \11'11 \ 1 \ 1 \ 11 \l\\ \\ \\ \\11 \\ Ii I I i Hi . ---~_.- I 5 cE II I I i Ia 2 = 12 = E ,. I I I ~ . .-- ...... ... . e- ^ 9~ ; çf¡¡¡ ItgJ;1 ~IQ e¡:;¡ January 11, 2005 Page 26 of 28 EDUU B PARCEL A A PARCEL OF LAND LOCATED IN A PORTION OF SECTIONS 4 AND 9, TOWNSHIP 52 SOUìH, RANGE 28 EAST, COLUER COUNTY, FlORIDA. BEING MORE PARl1CULARL Y DESCRIBED AS FOlLOWS: - COMMENCE AT THE NORTHEAST CORNER OF SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28- EAST, COWER COUNTY, FlORIDA: l}fENCE RUN S.OO'6'49-W., ALONG THE EAST UNE OF 'THE NORtHEAST QUARTER OF SAID SECTION 9, FOR A DISTANCE OF 1192.86 FEET TO A POINT ON 1HE NOR1HERlY RIGHT-Of-WAY UNE OF U.S. HIGHWAY NO. 41 (FLORIDA STAlE ROAD NO. 90 AS THE SAME IS SHO~ ON STATE OF' FlORJDA STATE ROAD DEPARThtENT RIGHT-Of-WAY MAP FOR STATE ROAD NO. 90, SEC110N 0301, LAST REVISED 7/18/60), A 183.00 FOOT RIGHT-Of-WAY; THENCE RUN S.85'49'14-W., ALONG SAID NORTHERlY RIGHT-OF-WAY UN[. FOR A DISTANCE OF 672.15 FEET TO THE P~T OF 8£GlNNING Œ THE PARCEl OF lAND HEREIN DESCRIBED: TMENCE CONTINUE S.es·49·14"W.. ALONG SAID NOR1HERLY RIGHT-Œ-WAY UN£. FOR A DISTANCE OF 4H.42 FEET: THENCE RUN N.OO~1'16·E. FOR A DISTANCE Of' 333.89 fEET: 'THENCE RUN N.89"28''''·W. FOR A DISTANCE OF 24.16 FEET; THENCE RUN N.OO'3Q'33-E. FOR A DISTANCE OF 1685.15 FEEr;. 1IÐICE RUM S.89'39lt4-rE. FOR A DISTANCE Œ 7M.34 FEE1i ~ S.ocr48·ot~ FOR A DISTANCE aF 77:_ FEEr 10' ...._.,. '_J.,; A T~ æcuLAR CUR'Æ. CONCA\€" 1O"1HE ~rPItAST: ~··RuN SOUTHEASTERLY ALONG 'THE ARC OF SAID CUR~ TO mE LEFT, HAVING A RADIUS OF 516.00 FEET. THOUGH A CENTRAL ANGLE OF' 38'5'21·, SUBTENDED BY A CHORD OF 338.17 FEET AT A BEARING Of S.18"21' 4O-E. FOR A DISTANCE OF 344.53 FEET TO THE END OF SAID CURVE: THENCE RUN S.3T29'20·E. FOR A DISTANCE OF 215.75 FEET TO THE BEGINNING OF A TANGENl1Al CIRCUlAR CURVE. CONCAVE TO THE WEST; THENCE RUN SOUTHERLY, ALONG 'THE ARC OF SAID CUR'Æ TO 'THE RIGHT, HAVING A RADIUS OF 434.00 FEET, 'THROUGH A CENTRAL ANGlE OF 90-08'41-, SUB1ENDED BY A CHORD Of 614.54 FEET AT A BEARING Of S.OT3S'OO-W. FOR A DISTANCE OF 582.82 FEET TO THE END OF 5M) CURVE, 11iENCE RUN S.52~9·tt"W. FOR A DISTANCE Of 294.10 FEET TO THE BEGINNING OF A T ANGENllAl CIRCUlAR CURVE, CONCAVE TO THE SOUTHEAST; THENCE RUN SOU1HEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HA \1NG A RADIUS OF 499.00 FEET, THROUGf A· CENTRAL ANGL£ OF 56·48'48·, SUB1ENOED BY A CHORD OF 474.77 FEET AT Å BEARING OF ~24' .·STW..FOR A DlSTNICE OF 494.80 FEET TO 11£ END OF SAID CUR'Æ. iHEHCE .... 5.Rl ~"i. ~.. -Il~ .... '. .. 188.45- AØJ,-101M£ pœfT (FCONr.t.ã.....,.,. .. .~:. :~O;i: ACRES, MORE OR LEss.. AND . . Agenda Item No, 88 January 11, 2005 Page 27 of 28 PARCEL a A PARCEL OF LAND LOCATED IN A PORTION OF SECTIONS 4 AND 9. iOWNSHJP 52 SOUTH, RANGE 28 EAST, COWER COUNTY, FLORIDA, BEING ~ORE PARllCULARL Y DESCRIBED AS FOLLOWS: BEGIN AT TI1E NOR1HEAST CORNER OF' SECT10N 9, TOWNSHIP 52 SOUTH, RANGE. 28 EAST, COWER COUNTY, FLORIDA; THENCE RUN S.OO'6'49·W., ALONG THE EAST UNE OF THE NORTHEAST QUARTER OF SAID SECTION 9, FOR A DISTANCE OF' 1192.86 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 41 (FLORIDA STATE ROAD NO. 90 AS ìHE SAME IS SHO~ ON STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP FOR STATE ROAD NO. 90, SECTION 0301. LAST RE'v1SED 7/18/60). A 18J.00 FOOT RIGHT-OF-WAY; THENCE R~.~~ S.85149'14·W., ALONG SAID NORTHERlY RIGHT-OF-WAY UN£, F'OR A . DISTANCE OF 602.15 FEET: iHENCE RUN N.04"ott26-W; FOR A . DISTANCE OF 188.42 FEET TO THE BEGINNING Of' A TANGfHllAL CJRCUlAR CURVE. CONCAVE TO THE SOUlHEAST; lHENCE RUN NOR11iEAS1ERl Y. ALONG "THE ARC OF SAID CURVE TO THE RIGHT. HAVING A RADIUS OF 429.00 FEET. THROUGH A CENTRAL ANGlE OF 56"48·48-, SUBTENDED BY A CHORD OF 408.17 FEET AT A BEARING OF N.24' 4'5'íE.. FOR A DISTANCE OF 4-25.38 FEET TO THE END OF SAID CURVE: THENCE RUN N.52~9·22·E. FOR A DISTANCE 294.90 FEET TO THE BEGINNING OF A TANGENllAL ClRCU.LAR CUR'Æ. CONCAVE TO THE WEST; THENCE RUN NOR1HERL Y. AlONG THE ARC (E ·SAlD CURVE TO "niE LEFT. HA \1NG A RADIUS OF 504.00 FEET. THROUGH A ŒN1RAL ANGLE OF 9eros' 41-. SUB1ENDED BY A CHORD OF 713.88 FEET AT A BEARING OF N.OT3S·00~, FOR A DISTANCE OF 792.98 FEET TO 1HE END OF SAID CUR'Æ; THENCE RUN N.J7~9·20-W. FOR A DISTANCE OF 215.75 FEET TO THE BEGUfiNG OF A TANGENl1AL aRCULAR CURVE. CONCAVE TO 'THE ~~~~l1..T~~~:U: R':.m;~¡,~::· == c: ~,: ANGLE OF Js-TS·21-, SUBTENDED BY A CHORD OF' 292.29 FEET AT A .. BEARING OF' N.18~1·4-0-W., FOR A DISTANCE OF 297.79 FEET TO THE END Of SAfD CURVE: 'THENCE RUN N.OO·46·01-E. FOR A DfSTANCE'OF 77.59 FEET: THENCE RUN 5.89'39'47-E. FOR A DISTANCE Of 350.44 FEET TO A POINT ON THE EAST UHE OF' 1'HE SOUTHEAST QUARTER OF SECi10N 4. TOWNSHIP 52 SOUTH, RANGE 28 EAST, COWER COUNTY, F1..0RIDA; TriENCE RUN S.00"20'1J·W., AlONG THE EAST UNE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF 7.3.3.79 FEET TO THE POINT OF BEGINNING: CONTAINING 13.063 ACRES, MORE OR LESS. NOTES: 'il-iIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR .- RESTRICTIONS OF RECORD. BEARINGS ~~ 10 11£ EAST lJNE OF' 1ME SOU1ME.-sT QUAff-fER OF SECTTON <4., TOWNSHIP 52 SOUTH, RANGE 28 EAST. COlUER COUNTY. F1...ORIDA AS BEING S.OO..,n·1 ~·w >~.~...__o_,·," RESOLUTION NO. 05 -_ Agenda Item No. 88- January 11, 2005 Page 28 of 28 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.13.D OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE NUMBER 2000-05 KNOWN AS NORTH PORT BAY PUD, EXTENDING THE CURRENT PUD APPROVAL TO JANUARY 25, 2007; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Port Bay PUD, Ordinance Number 2000-05, adopted on January 25th, 2000, is subject to the provisions of Section 1O.02.l3.D, of the Land Development Code (LDC, Ordinance Number 04-41), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier County GTowth Management Plan; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has detennined to extend the current PUD zoning which expires on January 25,2005 up to and including January 25, 2007; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 10.02.13.D of the LOC. 3. Pursuant to said Section of the LOC, the current PUD approval is hereby extended up to and including January 25, 2007. At the end of this time, the owner shall submit to the procedures in Section 1O.02.l3.D of the LOC. This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. Done this day of .2005. ATIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN Approved as to Fonn and Legal Sufficiency: MaIjorie M. Student Assistant County Attorney PUDEX-2004-AR~694lHWlld EXECUTIVE SUMMAR...x_ Agenda Item No. 9A January ii, 2005 Page 1 of 15 ,,- APPOINTMENTQFMEMBER(S)TO THEBA YSHORE/GATEWAY TRIANGLE LOCAL REPEVBLOPME'NT ADVISOR.YBOARD OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant tenn expiring on May 22, 2005 and a full tenn expiring on May 22, 2007, to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. CONSIDERATIONS: The BayshorelGateway Triangle Local Redevelopment Advisory Board was created by Resolution 2001-98 on March 27, 2001 to review the Redevelopment Plan, to make recommendations to the Community Redevelopment Agency, to receive input from members of the public interested in their respective component areas and to report such infonnation to the Community Redevelopment Agency. Resumes will be accepted from all interested parties, including Bayshore residents, Gateway Triangle residents, Bayshore business owners, Tamiami Trail (US41) business owners, Davis Boulevard (SR84) business owners, Bayshore MSTU representatives, and at large representatives who reside or engage in business or both in the Bayshore/Gateway Triangle Component Redevelopment Area. A person who "engages in business" means an individual owning real property or a business, practicing a profession or performing a service for compensation or serving as an officer or director of a c01poration or other business entity so engaged. Consideration will be given to appointing members that have experience in the following professions: finance, banking, architecture, engineering, education, law enforcement, social work, real estate sales and development, planning or design and building construction. Terms are 2 years. A list of the current membership is included in the backup. .-' We currently have 1 vacancy. A press release was issued and resumes were received from the following 4 interested citizens: !!!§.I ELECTOR AnV. COMM. APPUCANT CATEGORY Evelyn Bailev I At Lare:e 1 Yes None Rodney J. Gamer I At Larl!e 1 Yes None Maurice C. Gutierrez At Large 4 Yes Bayshore Beautification Comm WilliamR. Grove, Jr. At Larø;e 4 Yes None COMMITIEE- RECOMMENDATION: Rodney 1. Gamer FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confinning the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners ,,-- Agenda Date: JANUARY 11, 2005 Item Number Item Summary Meeting Date Agenda Item No. 9A January 11, 2005 Page 2 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9A Appointment of member to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. 1/11/20059:00:00 AM Prepared By Date Sue Filson Board of County Commissioners Executive Manager to the BCC 12/13/200410:30:35 AM Approved By Bce Office James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/22/20043:33 PM CRA Board CommllSianer ¡smas N. Coletta Commissioner Fred W. Coyle Commissioner Danna Fiala Commissioner Fnmk Halas CommllSlonar Tom Henning CRA SDff D. Aaron Blair Bayshore Gateway TlÎøngle ExecutiYe Director Agenda Item No. 9A January 112005 THE BAY S H 0 R E / GAT E WAY T R I A N G L ERE D EVE LOP MEN TAR E ~age :3 of 15 COMMUNITY REDEVELOPMENT AGENCY. 2408 LINWOOD AVB SUITS 11 NAPLBI, PL 34112 PHONE 239.643.1115 PAX 239.775.4436 MEMORANDUM TO: Ms. Sue Filson FROM: Aaron Blair, Executive Director DATE: December 10, 2004 RE: BayshoreJGateway Triangle Local Redevelopment Advisory Board The Bayshore/Gateway Triangle CRA Advisory Board would like to see Mr. Ron Gamer added as the Vacant At-Large Member. Motion made at the December 7, 2004 CRAAB Meeting All of the applicants fit the criteria for an at large member appointment. Below Is the list of applicants. Evelyn Bailey Ron Garner Maurice Gutierrez William R Grove Jr ..~ THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA 2408 LINWOOD AVE, SUITE 7-UNIT II NAPLES, FL 34112 PHONE 239.643.1115 I'ACSIMILE 239.775.4456 Agenda Item No. 9A January 11 , 2005 ~age 4 of 15 I i ·1 BayshorelGateway Triangle Local Redevelopment Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone Date.Re-appt 2ndExpDate 2nd Term Ms. Karen L. Beatty 261-2244 09121/04 OS/22/06 2 Years 3113 Basin Street 775-5385 Naples, FL 34112 E-Mail: District: 4 CIIJegory: Bayshore Resident Mr. Chuck Gunther 774-6662 04/30/02 OS/22/04 2 Years 2448 Bayside Street 774-6662 OS/25/04 OS/22/06 2 Years Napies, FL 34112 E-Mail: District: 1 Category: Gateway Resident/Business Mr. William C. Mears 04/30/02 OS/22/04 2 Years 3804 Clipper Cove Drive 774-7747 OS/25/04 OS/22/06 2 Years ,~ Naples, FL 34112 E-Mail: District: 4 Category: Bayshore Residentl At Large Ms. Sharon D. King 777-3531 OS/22/01 OS/22/03 2 Years 3307 Dominion Drive 774-4176 04/22/03 OS/22/05 2 Years Naples, FL 34112 E-Mail: District: 4 Category: Bayshore Business Mr. Bill L. Neal OS/22/01 OS/22/03 2 Years 3839 Clipper Lane 774-6325 04/22/03 OS/22/05 2 Years Naples, FL 34112 E-Mail: District: 4 Category: MSTU Member ,.-. Wednøday, September 29, 2004 Pagø 1 ofJ Agenda Item No. 9A January 11, 2005 Page 5 of 15 BayshorelGateway Triangle Local Redevelopment Advisory Board Name Work Phone Appt'd Exp. Dale Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Ronald A. Fowle 774-4400 06/26/01 2595 E. Tamiami Trail 04/22/03 Naples, FL 34112 E-Mail: District: 1 Category: Tamiami Trail Business Owner OS/22/03 OS/22/05 2 Years 2 Years Mr. Philip J. McCabe 679 Fifth Avenue, S. Naples, FL 34102 E-Mail: District: 2 Category: At-Large 263-0723 09/10/03 263-0723 OS/22/05 2 Years Mr. Michael P. Valentine 2408 Linwood Avenue, Ste. 7 A Naples, FL 34112 E-Mail: District: 4 CaJegory: Davis Boulevard Area 732-6774 09/10/03 2~981 OS/22/05 2 Years VACANT OS/22/05 Naples, FL E-Mail: District: 4 Category: At-Large Wednesday, September 29, 2()(u Page20lJ Agenda Item No. 9A January 11, 2005 Page6of15 . . BayshorelGateway Triangle Local Redevelopment Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-o.ppt 2ndExpDate 2nd Term On March 14, 2000 the Board of County Commissioners adopted Resolutions 200Q..82 and 2000-83 establishing the Collier County Community Redevelopment Agency and identifying two areas within unincorporated Collier County (BayshorelGsteway Triangle and Immokalee) as areas in need of redevelopment In addition, Resolution 2()()()..83 authorized the creation of Local Advisory Boards by separate resolution to assist in the implementation of the redevelopment plan. The CRA adopted Resolution 2001-98, which included a set of bylaws for the Bayshore/Gateway Local Redevelopment Advisory Board. On 6113/03 the CRA Board adopted Resolution 2003-217 revising the membership to add 2 members for a total of 9 members; 3 can be at-large in district. FL STAT .--., Staff: Aaron Blair,CRA Executive Director: 643-1115 " Wednesdizy, Søptember 29, 2004 Page30f3 Agenda Item No. 9A January 11, 2005 Page- 7 of 15 MEMORANDUM DATE: October 4, 2004 TO: Elections Office Sue Filson, Executive Manager -.../2t ' Board of County Commissioner~ I FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each appÜC8nt resides. BA YSHORElGATEW A Y TRAINGLE LOCAL REV ADV BD COMMISSION DISTRICT ~£, "31 "115" Evelyn Bailey 2772 Manorca Avenue I j~ Naples, FL 34112 v¡ Rod~~13 '-f f<.ol1~'-¡~ 2382 flaMJ,io.(venue -~ v Naples, FL 34112 fl1v8þ{ß ~~fl C.'IOC. Maunce GutIerrez 2736 Shoreview Drive Naples, FL 34112 / C'v ()r~ if- " / ø~ i '1 (~ D~. William r. Grove, Jr. ~ 1745 York Island Drive Naples, FL 34112 Thank you for your help. .:' " ..... "" 'I-... .j,..' .. .' ( ~ I . J.J \_.. .J" 111_1 ,. ~ . - ,.. . . "',, . ~ I... .: - ~ ~ J ~: ~ RECEIVED G~ ,. n '= 2004 ßoard of COUll tj . ·.,mll! i)5 IOne,.s MEMORANDUM Agenda Item No. 9A January 11, 2005 Page 8 of 15 DATE: October 4,2004 TO: D. Aaron Blair, Executive Director Bayshore/Gateway Triangle Redevelopment Area FROM: Sue Filson, Executive Manag~' Board of County Connnissio~:'1 RE: Bayshore/Gate Triangle Local Redevelopment Advisory Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Evelyn Bailey 2772 Manorca Avenue Naples, FL 34112 Ron Gamer 2382 Francis Avenue Naples, FL 34112 Maurice Gutierrez 2736 Shoreview Drive Naples, FL 34112 William. r. Grove, Jr. 1745 York IsJand Drive Naples, FL 34112 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-ftame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Agenda Item No, 9A January 11, 2005 Page 9 of 15 filson_s e From: advisoryboardsOcolHergov.net Sent: Thursday, September 30, 200412:22 PM To: filson_s Cc: RegulaJason SUbject: New On-line Advisory Board Application Subnitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (231) 774-3102 CI.-tþ' .,.', · , ;rtJ - .' , , "ì '....', 'I ..' , 4, ~ . September 30, 2004 Application for Advisory Committees J Boards N.".: Evelyn Bailey Home Phone: 239-774-3082 Home Adchss: 'ZT72 Manorca Av. City: Naples Zip Code: 34112 e Fax Number: No Information provided. Busine_ Phone: 239-774-3082 EmllII Address: lyn54chevygeathlink.net BoMII Col..'..... Applied for: Advlllory BoIIrd Comm. wortdng on the Triangle Category: (If applicable) Citizen at large [ Triangle] AnI you . reg¡.tered voter In Collier County? Yes Do you currently hold public: olllc:e? No Do you now serve, or have you serwcl on . Collier County board or No commIItee? P.... list your c:onwnunlty activities: cool cruøler car club boardmember [ aponeored chlldnm chartInJ Mooee member 30 years held variola p08Itlona [sponsors old folks home and children. home] GrlI Scoul Leader many years community clean up VFW member Children Fishing ToulNment, Served on other various committees Education: High School CoUedge course In Ceramlca Night echoolln computers and photo, SpecIal training on tnchlng the work forœ, Special cIa_ on working with people and handling people (UTS} - ExperIence I Background: Houøewife and Mother operator-Service Aa1It.-Operator Service Supviaier-teacher in 9/30/2004 Agenda Item No. 9A January 11, 2005 Page10of15 - both toll and Directory A81II. Worlœd In Minagement 22 yea.. VVIth United Telephone and retnd with Sprint A total of 23.5 yø.. Part owner of Golden Gate B81111nd Teckle on Golden Gete pIIrkway .~ e 9/30/2004 e e e ftlson_s Agenda Item No. 9A January 11, 2005 Page 11 of 15 From: advisoryboards@coIUergoy.net Sent: Thursday, September 30,2004 10:31 p.N, To: filson_s Cc: RegulaJason Subject: New On-line Advisory Board Application Subnitted. ~ Board of County Commissioners 3301 East Tamiami TI'8i1 Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3S02 ...~~ .} ,""'\ , . , . . .... . #. ,.f 1(,1 ; N8me: Rod Gamer, Rod's Perfonnance Marln.,lne. Home Phone: 239-843-1007 Home Adcha: 3024 Round Table ct. bu8Inesø, 1983 property owner 2382 Francis Ave. Iince 1992 September 30, 2004 Application for Advisory Committees I Boards City: Naples ZIp Code: 34112 Fa Number: No Information provided. Business Phone: 239-775-7637 ElMII Address: rgrpmOhotmaU.com ØOIIrd I c.....au... AppIed far: B8y8hore Getewlly Triangle CategoI'y: (If applicable) No infonnatlon provided. Are you a regi....... YOIier in Colier County? Yes Do you currently hold public oIIIce? No Do you now serw, or have you _rvecI on a Collier County bon or No c;ommIttee? Please list your community activtties: Member. Marine Industries AseocIatlon of Collier County, Board Member Flamingo Estates Homeown.,.. Aeaoclatlon education: Graduate, Naples High, 1973 ExperIence I Background: No Information provided. 9130/2004 Agenda Item No. 9A January 11, 2005 Page 12 of 15 fllson_s ~ From: Maurice Gutierrez [mgutier1893Gearthllnk.net) Sent: Monday, September 20,2004 10:12 PM To: tilson_s Cc: blair_a Subject: APPLlCA110N (1) Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committees/Boards Home Phone: _774-7022 Zip Code:_341U Name:_Maurice Gutierrez '~ Home Address:_2736 sboreview Dr. Fu. No._775-J517 _ Busina. Pbone:_263-0572 address:_Mptierl893@eartblink.Det e-mail Business:_Fioor CoveringCootractor Board or Committee App6ed for:_ BaysborelGatewayCRA Category (if applicable): At-~ Ea.ple: c-wo. DIItrfd. De¥eIoper, ~ 1a1..... lite. Are you a registered voter in CoUier County: Yes_X_No Do you currently bold public office? Yes Iflo, wbat Is that oflke? No X_ Do you DOW serve. or bave you ever served, 011 . ColDer County board or COIIUIIittee? Yes _X_ No Ilyes. ple.e list tbe committeeslboarda:_Baysbore MTSU Pleue Ust your community ldivitia (civic dubs, neipborhood UIOtiations, de. and position. beld: e Education:_Asociates Degree 9/21/2004 e e e Agenda Item No. 9A January 11, 2005 Page 13 of 15 Experience:_BuisDelS owner I 17yean ,............ .~.."" ~ ytIIIfM"""" 71rù.........oM.."..,. be/-*4,. 9_ r...... ÐøaøiN M-..to tit. s-tl.¡ C4IIfIIIIy C . '..... JJ'l Etøl T......TNiI, N,p.. fl..34111 1/ytIII wiM,pI6øc/_yow."l"r-to(2JJ)774-J6/l2.,...,.;¡,. "if~I1í_,".nel. :n.-k :J08/tw WlI_"...." to..... tII. ~ '¡CøUiø CÀIUI( I. 9/21/2004 Agenda Item No. 9A January 11, 2005 Page 14 of 15 filsOß_s ~ From: advlsoryboardsOcolllergov.net Sent: Thursday, September 09,2004 8:53 PM To: fllson_s Cc: RegulaJason Subject: New On-line Advisory Board Application Subnitted. ~~~ Board of County Commissioners 3301 E.st T8III18ml Trill! Naples, FL 34112 Tel: (238) 774-3602 F.x: (238) 774-3602 ,,~ ~tþ' ",' ..J' .... . '. l , ~ I ! September 09, 2004 Application for Advisory Committees I Boards NIIIIIt: WilHam R. Grove, Jr. Home Phone: 239-775-6233 tIomeAddrea: 1745 York llland Drive City: Naples Zip Code: 34112 .~ Fa Nwnber: No fnfonnatlon provided. BuaI.... Phone: 239-775-6233 Emall AckIreu:groveeegOearthUnk.net BoIII'd I CUnmIttM Applied for: Bayahont Redevelopment Area Advieory Board c.tegory: (Jf applkulble) No Information provided. Are you a regItteNd voter In CoI.... County? Yea Do you currently hold pubUc oftIce? No Do you now ..rve. or have you MrvecI on a Collier County board or No committee? P..... lilt your community activities: Chairman, T......r of the Real Property SectIon of the Allegneny County Bar Aeen. . Pennaylvanla (1984) Pal Chairman, Pinel of ArbItratol'l, Court of Common Plea Allegneny cty, Penneyfvanla Rellred Board Mamber of tne Airport Araa Development Corpol'ltlon . Penn..,.fvlnll Bolrd of T~. Mt. Lebanon Unlled Pntlby ChuR:h (1980-88) V. Chalrman,Secratary Retired - Allegheny Col.mty Bar Aeen., Pennsytvanla Bar Aaan., FIor1da Bar Aaan. e Educallon: M.C.P. (Master City Planning 1967) MIS8IIChul8tt8ln1titute of Technology J.D. (Jurfa Doctor 1965) Unlventlty or Miami School of Law - Cum Laude M.B.A. (Me_r Bu.. Admin 1 &eO) Unlverany of Miami B.S.I.M. (Bachelor of SCIence Indultrlal Management 1957) Carnegie IlIIIituteTechnology M.L.A.(MIIaIer Liberal Arta 1991) Duque..e Unlvel"lfty 9/10/2004 _..~--,- e e e 9/10/2004 ExperIence I BRkground: Practicing reel ...Ie development and puÞlIc aulhorly attorney for commerc al, realdentlal, indultrlal end governmental cllenls; development planning, acqulaltions, dlaposlllona, and llnanclng (FHA, PHFA, HUD, IDA end DCA), real eal8te tax appeals, condemMtlon, zoning, litigatIOn, perm", COrtrIIcta, and ..ling (19157-1992). HOUSING DEVELOPMENT CORPORAT1ON OF ALLEGHENY COUNTY .performed the work of Solicitor for the Depertmant of eevalopmenfa arm for the cor1ltructlon of Feder1iUy aaaIeted houaIng and other apeclal pro edll (1980-1989). HOLLINSHEAD, MENDELSON, BRESNAHAN AND NIXON (PItabwgh) -~ In reel.... and puÞlIc authority pr8dIce. Broad contact with genew.1 corporate, contractual, commercial and property related mattei'll. 011108 pracIIce, litigatIOn and appellate (1971.a2). PUBLIC PARKING AUTHORITY OF PITTSBURGH - performed the work of General CouIMI. Including parking facility development and bond financing (1971-81). URBAN REDEVELOPMENT AUTHORITY OF PITTSBURGH - Director of Land DllIpOIIitlon (marketing property for redevelopment 1968-70). Agenda Item No. 9A January 11 , 2005 Page 15 of 15 EXECUTIVE SUMMARY Agenda Item No. 9B January 11,2005 A.Pro~T QFMEMBER(S) TO THE ENVIRONMENTAL.ADVISORYCOUN&tge 1 of 19 OBJECTIVE: To appoint 2 members (1 Technical and 1 Non-Technical) to fulfill the remainder of vacant tenns, expiring on Aprill3, 2007 and Aprill3, 2008, to the Environmental Advisory Council. CONSIDERATIONS: The Environmental Advisory Council has several openings due to resignations. This 9 member council acts in an advisory capacity to the Board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statement (BIS) per section 3.8 of the Code, all developments of regional impact (DR!), lands with special treatment (8T) or Area of Critical State Concern! Special Treatment zoning overlays, areas of the county covered by interlocal agreements, any petitions which cannot be resolved between the app1icant and staff. The Board should consider a membership guideline of six (6) technical and three (3) non-technical members. Technical members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Biology (including any of the sub-disciplines such as botany, ecology, zoology, etc.), Coastal Processes, Estuarine Processes. Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use PJanning, Pollution Control, Solid Waste, Stonnwater Management, Water Resources, Wildlife Management, or other representative areas deemed appropriate by the Board such as, but not limited to, a representative of the development community. This is a Quasi-Judicial Committee. After initial appointments, tenns are 4 years. A list of the current membership is included in the backup. .-- Resignations were received from Ed Carlson and Michael R. Bauer. A press release was issued and resumes were received from the following 5 interested citizens: APPLICANT CATEGORY DIST ELECTOR AnV. COMM. Kenneth R. Rech Technical- Civil Engineering; Environmental 5 Yes Bd ofBldg & Health Atmeals Richard D. Pickett Technical- Water/Wastewater Operations 3 Yes PVAC Irv Kraut Technical- Environmental Health and Safety 1 Yes None Paul Indealia Technical- BC Environmental Enlrineerina 4 Yes None Lee Hom Non-Technica1- Business Finance and Marketing 3 Yes Contractors Licensing Bd COMMITTEE RECOMMENDATION: Quasi-JudiciaJ- no recommendation nSCALIMœACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager ~ Board of County Commissioners Agenda Date: JANUARY 11, 2005 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 98 Appointment of members to the Environmental Advisory Council. 1/11/20059:00:00 AM Agenda Item No. 98 January 11, 2005 Page 2 of 19 Prepared By Date Sue Filson Board of County Commissioners Executive Manager to the BCC BCC Office 12/13/200410:30:35 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 12/29/20043:21 PM fllson 8 - Agenda Item No. 98 January 11, 2005 Page30f19 From: Sent: To: Cc: Subject: mason s Mondaÿ, December 20, 2004 10:04 AM filson s SchmïttJoseph; lorenz_w; johnson_c; burgeson_b EAC applicants Good moming, Sue. I reviewed the 5 applications received from people who wish to fill the vacant EAC positions. The two positions that were vacated were technical members on the EAC and therefore the new members need to be two people who qualify as technical members. Following is a brief outline of the applicants qualifications. Their applications were used to provide the following infonnation: 1. Kenneth R. Rech is a qualified technical applicant. He has a BS degree In Civil Engineering and is an Environmental Health Professional certified in Food Protection and Onsite Sewage Treatment and disposal. He has 22 years experience in public health, water treatment and distribution and other related areas. He is a Florida Professional Engineer. 2. Richard D. Pickett may be a qualified technical applicant. He has a high school diploma and possibly some college level study at the University of Sacramento. No infonnation about major area of study or length of attendance was provided. He has nine years in the waterlwastewater operations field and 20 years in the maintenance field. Currently he wortts as a supervisor in an elder care facility. 3. Irv Kraut is a qualified technical applicant. He has a BS and over 30 years of experience in the Environmental Health and Safety field Including compliance with EPA and OSHA regulations as well as providing seminars to the US Departments of Defense and Energy regarding environmental issues. 4. Paullndealia is a qualified technical applicant. He has a BS in Environmental Engineering, and MS in Environmental Systems and is working towards a PhD in Environmental Engineering. He has a background as a consultant, director of land development and project manager for various companies. 5. Lee Horn is a non-technical applicant. She has a bachelors degree in Business Finance and Business Marketing. She has been involved in community development and fundraislng for many years. Please let me know if you need any other infonnation. Sony for the delay. Susan Mason Senior Environmental Specialist Collier County Environmental Services Department 2800 North Horseshoe Drive Naples. FL 34104 239-213-2987 1 Agenda Item No. 98 January 11, 2005 Page 4 of 19 Environmental Advisory Council Work Phon~ Appt'd Exp. Døt~ Term Name Home Phone DøteRe.-appt 2ndExpDate 2nd Term Ms. Erica Lynne 514-2968 11/28/00 04/13102 1.5yrs 676 110th Avenue North 04/24/02 04/13106 4 Years Nap1es,FL 34108 E-Mail: ericalynne@earthlink.net District: 2 Category: Technical-Ph.D. Engineering Ms. Judith M. Hushon 04/13/04 04/13/08 4 Years 1659 Chinaberry Court 643-6222 Naples, FL 34105 E-Mail: judyhushon@aol.com District: 4 Category: Technical- Biology Mr. AIfted F. Ga~ Jr. 282-8000 09/12/00 04/13/01 7 months 6981 Burnt Sienna Circle 389-0479 03/13/01 04/13105 4 Years Naples, FL 34109 E-Mail: Agal@bsk.com District: 1 Category: Technical-Attorney; Energy &. Env Studies Mr. Kenneth K. Humiston 594-2021 04124102 04/13/06 4 Years 324 Sharwood Drive 594-2030 Naples, FL 34110 E-Mail: kh@humistonandmoore.oom District: 2 Category: Technical - Professional Engineer . J Mr. Ed Carlson co( 5,~~t oc-l 348-9143 08109/99 04113103 4 Years 3331 1st Avenue, N.W. ".1" 455 9H5 04/13/03 04/13107 4 Years Naples, FL 34120 E-Mail: ecarlson@audubon.org District: 5 Category: Technical - Zoology &. wildlife eool -'. Wednt!6dily, April 14, 2004 Pagel 013 Agenda Item No. 98 January 11, 2005 Page 5 of 19 /"...,. Environmental Advisory Council Name Work Phone Appt'd Exp. Dale Term Home Phone DflteRe-appt 2ndExpDaJe 2nd Term Mr. WiUiam W. Hughes 435-1188 04/13/03 04113107 4 Years 4501 Rosea Court 435-3923 Naples. FL 34104 E-Mail: hughesco@eartblink.net District: 4 Category: Water Treatment &. Hazardous Waste Mr. Joseph D. Gammons 337-1212 12/16/03 04/13/05 2 Years 185 Skipping Stone Lane 354-0075 Naples, FL 341 19 E-MaU: jgammonS@ofdc-inc.com District: 3 CaJegory: Non- Technical-Business Owner Mr. Michael V. SorreU 353-5932 06/11/02 04/13/03 10 Mos. 2335Wilson Boulevard, N. 571-7781 04/13/03 04/13/07 4 Years r' Naples. FL 34120 E-Mail: www.coJliersportsman@hotmail.com District: S CaJegory: Non-Technical - Owner Lawn Service .J", ~~ J,fJ Mr. Michael R. Bauer,'6~ ,'(;'1 338-2929 04/13/04 04113/08 4 Years 109 Debron Drive t1 530-0081 Naples, FL 34112 E-MaiL' bauer606@aoI.com District: 1 Category: Technical - Biology &. Bnv Policy ~'. Wdnesday, April14, 2004 Pøge 2 of 3 Agenda Item No. 98 January 11, 2005 Page 6 of 19 Environmental Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DaJeRe-appt 2ndExpDaJe 2nd Term This 9 member commiIIM .. aesIed on 01mJ88 by Ord. No. 99-06 to act In an advleory capaàty to the ace in matters deeling with reguIIdiøn, oordn:II, management, UIII or exploitation of en¡ or all nøbnI reDR88 within the County, and the review d all land development pedtiaI. wItiIl8qUinIt an envkonm'" imp-=t IIIIMment (SA) per I8Ction 3.8 of the Code, all cleve'opmen" of regionaIlmpllCt (DRJ), Iande with apeciIII beeÞent (ST) or Area d CrttIcaI state ConcernISpeciaI T....ament mning CMII18ys. - of the county covered by hderlocal agRJeI1I..... .-.y peCIIioI. which œnnot be ..... betlAleen the ~ and 1IBff. Quasi JudidIII Bœrd; members mUll file a Form 1 SÞIIIement of financi8llmer8lts each year with the Supervieor of Elections. Tenns 8184 ye8I'8. FL STA.T Støff: Joe Schmitt, Community Development Administrator: 403--2385 Wednødap, April 14, 2()(J4 PøpJo/J MEMORANDUM Agenda Item No. 9B January 11 , 2005 Page 7 of 19 DATE: October 25, 2004 TO: Elections Office Sue Filson, Exocutive Maœg oJ / Board of County Commissio~ FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the foUowing individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the cornmi~n district in which each applicant resides. ENVIRONMENTAL ADVISORY COUNCIL COMMISSION DISTRICT j~5 - Kenneth R Rech 5 1491 25111 Street, S.W. Naples, FL 34117 .~ 7e5 Richard D. Pickett 302548111 Terrace. S.W. Naples, FL 34116 Irv Kraut ý¿s / 5131 Harrogate Ct. Naples, FL 34112 é¡ Paul Indeglia Is 2234 Sunset Lane Naples, FL 34104 Thank you for your help. Agendå Item No. 9B January 11 2005 Page 8 of 19 MEMORANDUM DATE: October 4. 2004 TO: Elections Office ~ Sue Filson, Executive Manager0/\ · Board of County Commissioners FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also. please list the commission district in which each applicant resides. ENVIRONMENT AI.. ADVISORY COUNCIL COMMISSION DISTRICT LeeHom ¡y/ 2225 Malibu ~,Circ1e #621 Naples. ffi 341 i9 . l.," " ,.--- c c D ' -:>:r. 3 _.. 0..:.. ", ... .. '.... E .i~:,~;· ". r .. . c Thank ÿÐu ~r ~~ help. 1-· . t..1 c) f. >:::; --. C) --.' (0 RECEIVED OCT 0 S 2004 Board of Count] ~ommissjoner~ .. MEMORANDU.M Agenda Item No. 98 January 11, 2005 Page 9 of 19 DATE: October 25,2004 Susan Mason, Enviromnental~ Sue Filson, Executive ~ ~ ¿ Board of County Commissio TO: FROM: RE: EnvironmentJ¡J Advisory Council As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this connnittee to submit a resume for consideration. I have attached the resumes received for your review as follows: Kenneth R.. Rech 1491 25m Street, S.W. Naples, FL 34117 Richard D. Pickett 3025 48111 Terrace, S. W. Nap~ FL 34116 Irv Kraut 5131 Harrogate Ct. Naples, FL 34112 PaullndegJia 2234 Sunset Lane Naples, FL 34104 Please let me know, in writing within the 41 day tûne·tiame. iftbe applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Pleue categorize the .pplieaDU iD area of expertiJe. If you have any questions, please call me at 774-8097. Thank you fur your attention to this matter. SF Attachments Agendå Item No. 98 January 11, 2005 Page 10 of 19 tllson_s _ From: advisoryboardsGcollergov.net Sent: Tueaclay, October 19, 2004 9:57 PM To: filson_s Cc: RegulaJason Subjeçt: New On-ine AdvisoJY Board Application Subrritted. ~tI~ Board of County Commissioners ~ I 3301 Eat Tamlaml 111111 £J :=~r= ,f(þ October 19,2004 Application for Advisory Committees I Boards N8me: Kenneth R Recti Home Phone: 2S-456-1119 Harne AdcIrus: 1481 25Ih st SW CIty: Naple8 ZIp Code: 34117 -., Fax N"""-: ~70 .......... Phone: 239-0403-2488 EmaII AddNIIe:lGlmchOewtlur.com ..... I c..k..... AppIIcI for: The EnvIronmental MiWt«y CouncI ~: Øf~) No Information pI'OVIOId. Ate you a ............ .....In CollIer Caunty? Y.. Do you c:urNIIIIy hold puIIIIc olllce? No Do you now _rw, or l1li". you ..",... on a CollIer County board or No ...........? """al_ your communly adlvltlea: No Information provided. ~atJoo\: BSCE CiYU EngIn..rIng Florida PE 134712 Environmental Health Profnalonal œrtlfled In Food Protection and 0naIta Sewage Treatment & DispoNI e ExperIence lø.cIIground: TWenty-two yea... ragJatarad ... FIortdII Profeaalonal Engineer. ExtamIIYe Expartence In public haelh, buHdIng development, 0MIte IeWtlge syIIIem$, WIIter tnletment planta and dl8trfbutlon ~, swimming pool conltruotlon, and .mooIa and commercial bulld\ngll. Twenty-tMo yea... of..rvice for the Department of Health In eave...11oce1 health departmenta. I am the Divltion DIredOr for EnvIronmental Health and 10120/2004 Agenda Item No. 98 January 11, 2005 Page 11 of 19 EngIneertng for the Coller County Heath Del*1lMnll h8va been employed In this pollllon.nee October 2002. Florida Profeeelon8l Engineer. 34712 e e e 10120/2004 4Þ ~ e Agenda Item No. 98' January 11, 2005 Page 12 of 19 ftlson_s From: adYisoryboard8Gcollergov .net 88nt: Tuesday. October 19, 2004 10:50 NIl To: filson_& Cc: RegutaJason Subject: New On-lne Advisory Board Application Subnitted. ~~ Board of County Commissioners 3301 East Tamlami Trail N8t)les, FL 34112 Tel: (231) 774-3102 Fax: (239) 774-3602 A-~~ Crr; Oc*)ber19, 2004 Application for Advisory Committees I Boards tMrM: Richard C PIckett Home Phone: 23;·732-7194 Helme Addrua: 3025 48Ih .rraoe fill City: Naples ZIp Code: 34118 Fu Number: 239-417-8512 Bull... Phone: 2»-417-8511 EmIl AddrHa: tRmllniaø821o-rthllnk.net Board I c-.......... AtII*d tor: EnvIr'oMIenbll Adv*Iry CouncØ CIII8gory: (If eppllc.ble) No Infollllatlon provided. AN JOU . ....... ¥OW In Coller County? Y.. Do YDU cu,..mly hokt public aIftce? No Do YDU nøw .... or hew you ...."... on . Collier County ~ or No c:ommIItee? ....... list ~ c:omnamIty 8Ctiv1t1es: Boy ScouIB of Americli. AeIIItIInt CubMII.. Mater Sgt. At Am for Americ:lln FlIIg Retirement EducatIon: High SchoOl UnlveFllty of Sacnmento, Waterwa-.water.tJwetment HydreUIIc Ø'IgIneertng ThomJ*ln unlv8f1llty A'I Conditioning 8V11PCOA, \MIler....... \/WI.... operation .nd Training pertaining to drinking wat. V\QA, Certlfted Hazardous Materials . trained. ExperIence I Bac:lcground: 9 yeeraln the \/WIter fNaaIe water ot*'8lonslleld. Have deIt with CJCh gcMImrnent agencies.. DEPIEPAlAHCAIHnIIh DepIIIIZonlng. Held I1UII'I8n)IJ8 Sar.ty Commlltee 10/19/2004 Agenda Item No. 98 January 11, 2005 Page 13 of 19 - posItic)MlncIudIng Chairman. totIl of 20 years In the maIrUnenœ and preventative mainIIe,..nce "lei. CUrNntIy In the heath c.ra InduIIry .. BuildinG Servlcea CoordI,..tor. I am e euperviIor wortdng In en eldelty cere t'llciIty. Al2ne1mera trained e e 10/19/2004 ·--- _e . ftlaon_s From: advlsoryb08rd80coIHergov,net Sent: Monday, October 18, 2004 8:13 AM To: ftlson_s Cc: RegutaJeson Subject: New On-lne Advisory Board Application Subni1ted. ~~~ Board of County Commissioners 3301 East Tamlaml TraU Nap.... FL 14112 Tel: (231) 714-H02 Fax: (231)714-3102 October18,2004 Application for Advisory Committees I Boards NIme: Irv Kraut Home Phone: 238-877-1793 Home AddNa: 5131 twropte ct City: N.ptea ZJp eo.: 34112 FM Number: 239-417-84 ........ Phone: 238-877-1793 EmaI Addreu: cleenalrftoridaOaol.com øo.nt I c-...II.IIIIM ..... for: The Envlronrnllntlll AdVIIor CouncI c.a.gory: (If ."pllcable) No Information provided. Ant you . I1IIJIIIIIIIr8d ......., In CollIer County? Y.. Agenda Item No. 98 January 11, 2005 Page 14 of 19 J..-tþ· ..1 , ~ ~d) Do you curnnIIy hakI public CIIIIa? No Do you now ~,or hawt you eerwd on. CollIer County board or No ~? Please list yow community ac:tI¥IIIIIS: N.w ~ to Co.... CoI.III:y I!ducadon: as Unlvef'8lty of 1I&noII E.xpIrience IlIacIcground: Fonner ooneultant and aulhor for the Unltilc:l StIItea Environmental ProtIIc:Iion AtJercy· Author for the Arneftcan ClwmØI Society. Prwloully ownecIand In8n8ged a training campen)' foc:ueed on compliance with OSHA & EPA ntgUiIItIona. Have provldtcl _minara for the Depertrnent of 01...,. and the OIpllrtrMnt of Enar¡w apecItIc to environmental ..... at government owned faclllIIM. OVer 30 yeara of experience In Environment Hallah & Safety. 10/18/2004 Agenda Item No. 98 January 11, 2005 Page 15 of 19 filson_s e From: advisoryboards@colliergov.net Sent: Wednesday, October 08,20042:20 PM To: filson_s Cc: RegulaJason Subject: New On-line Advisory Board Application Submitted. _9#~.!5~&tI~ Board of County Commissioners 3301 East Tamlami Trail Naples, FL 34112 Tel: (239) 774-3802 Fax: (239)774-3602 J....t~1 .~.I ..... ,. . . ~ .' . . :- " ,. ¡ / Oc:tober 06, 2004 Application for Advisory Committees I Boards ,.....; PIIullndeglla Home Phone: 239-4>4-9875 Home Address: 22304 Suneet Lane City: Naples ZIp Code: 34104 e Fa: Number. No Infonnlltlon provided. Business Phone: 239-«)4.SB75 ErNiI Address: IndeglleOcomcast.net BoeId , CoImIIaiM ApplIed for: EnYWonmentaI Advteory Council c.tegory: (If eppllceble) No Infotmatlon proYlded. Are you a ...... ¥lår In Colier County? Yea Do you currently hold public: ol'llc:e? No Do you _ aerw, or hltve you Rrwd on a Collier County ~ or No commIItee? PI.... list your community activities: Coller County Red Cross (Naples. FL) - emergency .rvlces volunteer Brookside Homeowners Asaociatlon (Napl.., FL) - II11c: oomml1t8e B8you Preeervation A880cíatlon (Houston, TX) - project director Education: Bachelor of Architecture - UniYereity of Notre Dame (1990) MS in Environmental Systems - eaftfomla State Unlverally at Humboldt (19S18> BS In Environmental Engineering - University of Florida (expected 2008) PhD In Environmental Engineering - University of Florida (expected 20(8) e Exparience' Background: Peek Development Consulting, Inc. (Nllples, FL) - Principal Habitat for Humanity of 10/6/2004 e --9 e 10/6/2004 Collier County (FL) -Director of Land Development RWA, Inc. (Naplea, FL) - Project Manager Lee and Ro, Inc. (Loa AngeleS, CA) . Project Manager Environmental Reaourcea Management (HoullllOn, TX) - Project Manager Agency for Suata'nable SyMems In ScIence and T8Chnolog~ (Areatl, CAI International) - Execúlve Dlreotor International Reecue Committee (Somalia J Georgia) - team leader United Stat.. Peace Corp. (Kenya) - volunteer Agenda Item No. 98 January 11, 2005 Page16of19 --""" MEMORANDUM Agenda Item No. 98 January 11, 2005 Page 17 of 19 DATE: October 4, 2004 TO: Susan Mason, Environmental Services FROM: Sue Filson, Executive Manager -PP . Board of County Commissio~ RE: Environmental Advisory Council As you know, we currently have vacancies on the above-refurenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as fullows: Lee Horn 2225 Malibu Lake Circle #621 Naples, FL 34119 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-ftame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, pJease call me at 774-8097. Thank you for your attention to this matter. SF AttaChments Agenda Item No. 98 January 11, 2005 Page 18 of 19 fllson_s e From: advisoryboardsOcolliergov.net Sent: Saturday, September 11, 2004 1 :00 PM To: filson_s Cc: ReguøJason Subject: New On-line Advisory Board Application Submtted. ~~tI\)' Board of County Commissioners 3301 e.st T.m.....i Trait N.ples, FL 34112 Tel: (239) 774-3602 Fax: (23')77~2 «1.-t<~1 ~.II ....... " , - :'l . . .·1 " ....it I~ / , 'I J' . September 11, 2004 Application for Advisory Committees I Boards tame: Lee Hom Home Phone: 239-287-5044 Home Address: 222S IMIIbu hike elide 1621 City: I'IIIpte8 Zip Code: 34119 -- Fa Number. No InfonmItIon provided. Bu...... Phone: 239-287.e044 Emal Address: eportalemOaol.com e¡;¡c.... BoIrd I Corum.'" Applied for: --TJ' .".....bIb ....,;1II1!I1In... CIItegOI'r. (If applicable) No Infonnatlon provided. Are you a reglsIeI1Id voœr In Collier county? Yes Do you cunn!y hold public ~? No Do you now ..rw, or have you serwd on a Collier County board or No commlttH? P..... ltat your community IICtIvItIes: st. john Mumann high achool, 1188t. h..d footbllll coeoh fund I1IltIIng chair ladYtIIor, numerou8 charitable groups In collier county and lOuth tIorlcla miami fta, bOIIrd of directors, miami touchdown club. currert IOUth ftorlcla director, national footbaD foundation and collage l'ootbaR hen of fame Educ:MIon: gull/ver prep. high achoOl, miami, n. bachelol1lln buelne. marketing, concordia un/vel1llty bachelOl1lln bualne.lIl'lllnce, nor1da lmernllllonal unIYel"lfty e EJtperience 1 Background: I have been Involved In community development, I1Inovlltion, improvement, fundrlllalng, and charltllble cau.. for many y_rs. Tthla Is the art of my 8KOnd year of residence 9/14/2004 e e e In naples, florid.. Priori rnlded In Mi.mlllorld. .nd contr!lx*d to my 8OCIety. I would like to get Involveclln .ny .... .ppllcaÞle' po8llÞle to work towIrd Improvement, development, renovation, fUndralsing, and prop. In coWer county. If raferencn are needed, I have quite a few avallaÞle Including Athletic Director Mark Marlala of St. John Neumann High School. 9/14/2004 Agenda Item No. 98 January 11, 2005 Page190f19 EXECUTIVE SUMMARY Agenda Item No. 9C January 11, 2005 Page 1 of 15 .- APPOINTMENT OF MEMBER(S) TO THE IMMOKALEEMASTER PLAN AND VISIONING COMMITTEE OBJECTIVE: To appoint 2 members to serve 3-year tenns, expiring on 12/31/07, to the Immokalee Master Plan and Visioning Committee. CONSIDERATIONS: The Immokalee Master Plan and Visioning Committee was created on September 28, 2004, by Ordinance No. 2004-62. This 10 member committee will assist in the development of any necessary Requests for Proposals for consulting services; assist in the review of general planning matters related to the Immokalee Community; provide the BCC recommendations regarding roads, economic incentives, affordable housing, improvement to Immokalee AiIpOrt; and, assist in the review and updating of the Immokalee Area Master Plan. Membership shan consist of a broad base of citizens and business owners in the regulatory area of the Immoka1ee Area Master Plan. The tenn of the Committee will expire at the conclusion of its services to staff or upon adoption of the 2007 cycle of the Growth Management Plan amendments of the Immokalee Area Master Plan, whichever is earlier and shall not be later than December 31, 2007. A list of the current membership is included in the backup. We CUITent1y have 2 vacant positions. A press release was issued and resumes were received from the following 3 interested citizens: APPUCANT CATEGORY DIST ELECTOR ADV. COMM. _. FI d Crews Richard 1. Hem Rita Avalos Resident & Em I ed in Immokalee 5 Resident & Em 10 in Immokalee 5 Resident & Employed in Immokalee 5 Yes Imm EZDA Committee Yes Imm EZDA Committee Yes Imm Beautification Comm COMMITTEE RECOMMENDATION: Floyd Crews Richard L. Heers nSCALIMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confinning the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 11, 2004 ,- '"'-'".'..---~~ Item Number Item Summary Meeting Date Agenda Item No. 9C January 11, 2005 Page 2 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9C Appointment of members to the Immokalee Master Plan and Visioning Committee. 1/11/20059:00:00 AM Prepared By Date Sue Filson Board of County Commissioners Executive Manager to the BCC 12/13/200410:30:35 AM Approved By BCC Office James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/29/2004 5:17 PM --"~""'''-'--- '-Ð~'\ 11// . ./ ",'tt',. " .:.-:':;;_/~. . 'I.~:'" ,. . ;- . . """ ~ I ....... \ Agenda Item No. 9C Jan-uary 11, 2005 Page 3 of 15 Memorandum To: Sue FilsoD, Executive MaDager, Board of County CommÏlsÏÐnen From: Michele R. Mosca, AICP, Principal Planner, Comprehensive Planning Dept. Date: December 21, 2004 Subject: Immoblee Master Plan and VisioniDg Committee Vacancies (2) The Immokalee Master Plan and Visioning Committee (IMPVC) was created by Ordinance No. 04-62, which provided for the appointment of ten members. At the November 16, 2004 BCC meeting, eight members were appointed to the IMPVC which left two vacancies. Subsequently, the vacancies were advertised and three individuals responded: Floyd Crews, Richard Heers, and Rita Avalos. At the December 15, 2004 IMPVC meeting, the Committee reviewed and discussed the three applications for appointment to the Committee. The Committee unanimously (5-0) recommended the appointment of Floyd Crews and Richard Heers to fill the two remaining vacancies on the Committee. Staff requests that the BCC at their January 11, 2005 meeting, consider the recommendation of the IMPVC and then appoint Floyd Crews and Richard Heers to fill the remaining two vacancies on the Immokalee Master Plan and Visioning Committee (refer to attached matrix for applicants' qualifications). Thank. you. --"-I aq - Indlvidulll Interested In Membership on the Immoklllee Muter Plan an~ Visioning Committee ADÞlvina for 2 avaHable Þollions Floyd Crews Richard Heers Rita AVllo. AIM of Qu.nrtcdon Immokelee Resident X X X Immokalee Business Owner/Manaaer EmDlnved.~I~~ X X X . ..... -:ì~.t~" '"~",,,'. ""',, ',:.' SDlldllr; C 'If aøøllr:abl.¡ Chamber of Commerce X Fnvironmental Aaencv EmDowerment Alliance X Immokalee CommunitY Develoament X EZDAlCommunltv RecleveloDment Advisorv BD X X Non·DnIfit CommunItY-based Organjzation X WOI1dorce Develoament Council leode Enforcement Immokalee MSTU X 'Need & Seed Proaram Immokalee Area Muter Plan Restudv X Exøerlence Banklna Leaal X Education Houair,g Real estate sales and development PI.Mlna ar desian Bulldina construction Aoriculture : Fire : 33 Board, Fire NelghborhoocJ vears of legal Commissioner; Collier AccountabAIty Board, secretarial experience ¡~nty Houllng member; Friendship In Immokalee community. Additional Information uthorlty Baptist Church. Pastor :lgI.I. : Active in : DRILL. Bautilta de Immokalee community utar; Immokalee Fire Jesuscri8to, member and business for over Dept., ch.plain; CoUier 30 years. þounty Stockade, and volunteer coordinator for annual chapla~; Private Thanksgiving dinner Sr:hool, Headmaster and Christmas drlY8. Home Add...... 5214 Lake Lane 507 Nor1h 18- Sl 1507 Eiahth Ave. N. Immokalee Immokatee Immokalee Agenda ItelT1 No. 9C January 11,2005 P e 4 of 15 Agenda Item No. 9C January 11, 2005 Page 5 of 15 "'--" Immokalee Master Plan and Visioning Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Esmeralda Serrata 657-3649 I 1/16/04 12131107 3 Years 603 Nassau Street, Apt. 4 657-5838 lmmokalee, FL 34142 E-Mail: cchat1@aoJ.com District: 5 Category: Resident and Employed in Immokalee VACANT , FL E-Mail: District: Category: Mr. Clarence S. Tears, Jr. 597-1505 11/16/04 12131107 3 Years 320 Lambton Lane 34~1356 Naples, FL 34104 E-Mail: ctearsjr@sfwmd.gov District: 3 Category: Employed in Immokalee VACANT ,FL E-Mail: District: Category: Mr. Gary D. Holloway 657-9210 11116/04 12131/07 3 Years 2105 West Immoka1ee Drive 289-9436 Immokalee, FL 34142 E-Mail: gary@gladesmedia.com District: 5 Category: Resident and Employed in Immoka1ee WednøtÚl', Novembt!T' 17, 2004 Page 1 o[J Agenda Item No. 9C January 11, 2005 Page 6 of 15 .....--.,. Immokalee Master Plan and Visioning Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Leo F. Rodgers 707-4829 11/16/04 12/31107 3 Years 1101 Monroe Street 657-3601 lmmokalee, FL 34142 E-Mail: ifdfm30@earthlink.net District: 5 Category: Resident and Employed in Immokalee Mr. Fred N. Thomas, Jr. 657-8181 11/16/04 12/31/07 3 Years 1205 Orchid A venue 657-5447 Innnokaæe,FL 34142 E-Mail: futjr@aol.com District: 5 Category: lmmokalee Resident & Business Owner Mr. Raymond T. Holland 652-3171 11/16/04 12/31/07 3 Years P.O. Box 5325 657-4568 / -.. Immokalee, FL 34143 E-MaU: RHolland@Floridacommunitybank.net District: 5 CaJegory: Resident and Employed in Immokalee Mr. Edward (Skt) R. Olesky 657-2401 11/16/04 12/31107 3 Years 6001 Lake Trafford 657-2401 lnunokaæe,FL 34142 E-Mail: Iaketrafford@eartb1ink.net District: 5 Category: lmmokalee R~ident & Business Owner Mr. Maxwell L. Press 657-4421 11116/04 12/31/07 3 Years 4605 N avassa Lane 898-9308 Naples, FL 34119 E-Mail: maxp@sixis.com District: 3 Caiegory: Immokalee Business Owner r-- Wednesday, Novembu 17,2004 Pa.ge 2 013 ..._~_.....,..-._~. Agenda Item No. 9C January 11, 2005 Page 7 of 15 ,---, Immokalee Master Plan and Visioning Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDoJe 2nd Term The Immokalee Master Plan and VIIioning Committee was created on September 28, 2004, by Ordinance No. 2004-62. This 10 member committee will 888ist in the development of any nec;essary Requests for Proposals for consulting services; assist in the review cI general planning matters related to the Immdullee Community; provide the BeC recommendations regarding roads, economic incentives, al'ford8bte houIing. improvement to Immokalee Airport; and, assist In the review and updating of the Immckalee Area Master Plan. Membership shall consist of a broad base of clti2ens and business owners In the r8gulaIory __ of the Immokalee Area Master Plan. The term of the Committee will expire øt the canclusion of Its services to staff or upon adoption of the 2001 cycle of the Growth Management Plan amendments of the Immokalee Area Master Plan, whichever is eartier Met shall not be later than December 31, 2007. FL STAT Staff: Glenn Heath, Planning Services: 403-2323 Wednesday, November 17, 2004 Page 3 of3 JENNIFER J. EDWARDS SUPERVISOR OF ELECTIONS Agenda Item No. 9C January 11, 2005 Page 8 of 15 November 24,2004 Sue Filson Executive Manager Board of County Commissioners Dear Ms. Filson: Per you inquiry dated November 22, 2004 regarding the registration status of: Floyd Crews Richard L. Reers Rita Avalos Our records indicate that these individuals are registered voters in Collier County and are all in Commission District 5. -~ RECEIVED NOV 2 9 2004 - - Board of County Comm i S$ i.;).~.,.",. .. J Collier Govemment Complex. 3301 Tamlami Trail East · Naples, Florida 34112-4902 Telephone: 239m4·8450 · Fax: 239n74·9468 @ MEMORANDUM. Agenda Item No. 9C January 11, 2005 Page 9 of 15 DATE: November 22, 2004 TO: Glenn Heath, Planning Servic~s .. Sue Filson, Executive Manag Board of County Commissio . FROM: RE: Immokalee Master Plan and Visioning Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Floyd Crews 5214 Lake Lane Immokalee, FL 34142 Richard L. Heers 507 North 18th Street Immokalee, FL 34142 Rita Avalos 1507 Eighth Avenue. North Immokalee, FL 34142 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-ftame, and I will prepare an executive summary for the Board's consideration. Pleáse catee:orize tbe aoolicants in areas of emertise. If you have any questions, please call me at 774-8097. . Thank you for your attention to this matter. SF Attachments __.._.________ .____ __ .___ 0·- Agenda Item No. 9C January 11, 2005 Page 10 of 15 fllson_s From: advisoryboardsQcolliergov.net Sent: Thursday, November 18. 2004 9:561W1 To: filson_s Cc: RegulaJason Subject: New On-Ine Advisory Board Application Submitted. ~~"!:! Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 ~...~þl ...1 /~ '} . . .~. .. . '/ .. '. . 'I,' , ." I . November 18, 2004 Application for Advisory Committees I Boards Name: FlOVD CREWS Home Phone: 239-657·2370 Home Adclreø: 5214 LAKE LANE City: IMMOKALEE, Fl ZIp Code: 34142 Fu Number. 239-657-3511 Business Phone: 239-657-5359 &œU Address: No ¡nfonnaticn provided. Board ,eu".,,.,*- Applied for: IMMOKAlEE MASTER PLAN & VISIONING COMMITEE Category: (If applicable) No Infonnatlon provided. Ani you . registered voter In Collier County? Ves Do you culTentty hold public ollie.? Yes If y., what orne. do you hold? FIRE COMMISIONER Do you ROW' """', or haw you ..fWd on . CoIIter County Þovd or Ves committee? If yes, p..... list the Þovds , committees: FIRE BOARD, ENTERPRISE ZONE COMMITEE, COlliER COUNTY HOUSING AUTHORITY, IMMOKAlEE MASTER PLAN COMMITEE PIeue list your community activities: IMMOKALEE CHAMBER OF COMMERCE BOARD MEMBER 1MMOKALEE COMMUNITY DEVELOPMENT COUNSEL DIRECTOR Education: 11118/2004 ------- --..-.. --.- - Agenda Item No. 9C January 11 2005 Page 11 of 15 GRADUATE OF UNIVERSllY OF FLA Experience 18IIc:IIgl'OUnd: ACTIVE IN COPJIII. AND BUSINESS IN IMMOKALEE FOR OVER 30 YRS 11/18/2004 Agenda Item No. 9C January 11, 2005 Page 12 of 15 1118011_8 From: ac:MsorybolrdsOcoliergov.net Sent: Monday, November 01 , 2004 10:53 AM To: ftlson_s Cc: RegulaJa80n Subject: New On-Une AdvIsory Board Application Submitted. ~~K~ Board of County Commissioners 3301 East Tamlami Trail Naples, FL 34112 Tel: (231) 774-3802 Fax:(231)71~802 t f(þ' . I.· . , ~ " . " .~.. . ';'.. ~ "/ November 01 , 2004 Application for Advisory Committees I Boards NIme: Richard L. Hell...· tIoIM PhaM: 230-587-4524 tIoIM Addrna: 507 North 18th stnIet CIty: Immokale. ZlpCOde: 341042-2709 Fa NI.nber: 239-867-3430 ........ Phone: 239-229-8910 em.ø AcIdrua: r1cheera2uOeol.com BoIrd 1 c\"...I1ÜtM AfIpIied for: The ImmolGllee Muter PIIIn and VIIIor*lg Commlttlle c.tegcøy: (11 appicMØ) No information plÐYlded. Are you a............. voIer In ColI.... county? Yea Do you CIII'MIIIy hold puÞIIc oIIIC4t? No Do you now _!'W, or ha... you ..MId on a Collier COUnty IJod Of Yea COIMIIIH? If yes, pllUlliIt the 1Jod.' WI.........: mmolGlII. LOCII Redevelopment AdvIeory Bo8rd-1 have recently applied to ..rve on the ImmolGl'" VIAI.r and Sewer Board P..... list your community actIVIties: I am a pMtor of Frtendehlp Baptist Church, chaplain of the ImmokaJee Fi... Daplrtment, chaplain of Ihe Cotller County Stockade, member of the NeIghborhood Accountability Boerd, hev. applied for memberah!p In the local RoIary Club, serve as. boerd member of the SouthWeSt FL Empowerment Allllnee, do tutoring et the D.R.I.L.L. Education: Bachefor of Science \h)m Houghton College-Houghton, NY Mute,.. of EducatiOn from USF-Tlmpa, FL 1111/2004 ExperÎeIw:e f Background: I have bHn an ordained mlnileer In the ""mblle. of God and now the Southern Baptlet denomtnatloM. the former since 1971 and the letter since 2001; I have etartød private ChrlllÖlln IChooIs In st. Pelenlburg, FL In 1971 end Fort Myers In 1979 end .rved 88 h88dmuter. PreYIouIliy, tom 1985-89 .Ned I. chaplain and ch8ír ofthe clvlllefVlc:e commilllion for the Lee County Sharm. ~nt 11/1/2004 Agenda Item No. 9C January 11,2005 Page 13 of 15 Agenda Item No. 9C January 11, 2005 Page 14 of 15 filsoo_s From: advlsoryboardaOcoIllergov.net Sent: Thursdey, November 0.4, 2004 11 :05 AM To: ftl8on_s Cc: RegulaJason Subject: New On-lIne Advisory Board Application Subnitted. ~~"~ Board of County Commissioners 3301 East Tamlaml Trail Nap"., FL 34112 Tel: (231) 774-3802 Fax: (239) 774-3102 f(~~I'..1 . , ' . ~ :- . . #. . ~.,. 1.4_ ~ / NoYember04,2004 Application for Advisory Committees I Boards ......: Ria Avaloll Home Phone: 239-e57-7S37 Home AdchU: 15(11 Eighth Avema North cay. Immøkalee ZIp Codr. 34142 Fa NwnbeI. 239-334-3042 ........ Phone: 2»334-4554 I!nwI Addrees: ttIa..va.......org IIoenI f Cor.."..... ApplIed for: Invno." Ma_ Plan end VIIIIonlr4a CommJItite CIiIIegory: (11~) No InfonnatIon provided. Ale rou . ..... vøÞr In CoINer COUnty? Y.. Do you cunwIIIy hold public omc.? No Do you now ...".. or"'" you ..rwd on. Collier County board or V.. CXIIIIßIIItM? If yeI, plene 11et.... ~., comm....: Immo.... MSTU P.....11It ~ community actiVItIes: As a member of IgIHIa BautItM de JeIUtlCrllto In Immo..... I help c:oonlnafll .. annual Thanlcllglvlng Dinner which provldn mnI. to over 300 people. I aI.o help coordimlte our church'. Chrlatmee drive and dlllrlbutlon of gifts to our oommunly'a needy children. Educatton: A8aocI.... of ScIence 11174 AMocIatea of Arta 1998 ExpMance I Background: 11/4/2004 Agenda Item No. 9C January 11, 2005 Page 15 of 15 20 yea,.. .1 MCtetIIrtale¡cperilla wtItI the Law FIrm of Thomn K. Boerdman In Imrnolla.... FIortdI '3 yeara legal ~ experience wfIh FIotIœ RIAl Legal Services, Inc. 11/4/2004 ExEcUTIVE sIJMMARv Agenda Item No. 90 JaplJary 11, 2005 . Page 1 of 16 APPoINTMENT OF MEMBER(S) TO THE ISLE OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMmEE OBJECTIVE: To appoint 3 members to serve 2-year tenns, expiring on December 31, 2006, to the Isle of Capri Fire Control District Advisory Committee. CONSIDERATIONS: The Isles of Capri Fire Control District Advisory Committee had 3 tenns expire on December 31, 2004. This 5-memher committee advises the Board on the budget and operation of the Isles of Capri Fire Control District. Terms are 2 years and members must reside within the boundaries of the Isles of Capri Municipal Fire Services Taxing District. A list of the current membership is included in the backup. We currently have 1 vacancy from December 31, 2003 and 3 tenns that expired on December 31, 2004. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY mn ELECTOR AnV. COMM. Resides within MSTU Resides within MSTIJ Resides within MSTIJ Resides within MSTU 1 1 1 1 Yes Isle ofCa . Fire Yes IsJe ofCa . Fire Yes None Yes None ,.......-- COMMITTEE RECOMMENDATION: 1. Jay Cavanaugh - re-appointment Benjamin F. Pearson - re-appointment Regina Day - new appointment It is recommended that due to a possible conflict for Susan Alexander as President of a 501(c) (3) Organization that solicits donations for the volunteer firefighters that this position be re- advertised. nSCALIMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation fur appointment, appoint members, and direct the County Attorney to prepare a resolution confinning the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 11, 2005 ,,- Item Number Item Summary Meeting Date Agenda Item No. 90 January 11,2005 Page 2 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9D Appointment of members to the Isle of Capri Fire Control District Advisory Committee. 1/11/20059:00:00 AM Prepared By Date Sue Filson Board of County Commissioners Executive Manager to the BCC 12/13/2004 10:30:35 AM Approved By BCC Office James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/22/20045:17 PM ,,12/21/2E!e4 13: 22· 3949889· " CAPRI REALTY Agenda Itenf~ 9[j12 January 11, 2005 Page 3 of 16 Naples, FL ''1-1 l' I)íff r earson , 2'1- Capri 51vd December 21, 2004 Ms. Sue Filson Executive Director Board of County Commissioners Dear Ms. Filson, The Isles of Capri Fire District Advisory Committee wishes to present for approval as committee members the following individuals: Benjamin F. Pearson~ Jay Cavanaugh and Regina Day. . Agenda Item No. 90 January 11, 2005 Page 4 of 16 Isles of Capri Fire Control District Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Tara La d 389-4206 01/2S/OO 12131/01 2 Years 12693 E. iami Trail 12111/01 12131103 2 Years Naple L 34113 E- ail: District: 1 Category: Mr. Benjamin F. Pearson 394-9888 01114/03 12/31/04 2 Years / 152 E. Hila Street 389-1173 Naples, FL 34113 E-Mail: District: 1 Category: Mr. Morris James Louis 09/14/99 12131/01 2 Years 25 Capri Boulevard 389-0371 02/24/04 12/31105 2 Years Naples. FL 34113 E-Mail: District: 1 Category: Ms. Jeriiyn Neuhaus 01/12/99 12/31/00 2 Years /' 156 Capri Boulevard 842-7511 01114/03 12/31/04 2 Years Naples, FL 34113 E-Mail: District: 1 Category: Mr. J. Jay Cavanaugh 775-0044 01114/03 12/31104 2 Years / 8599 Pepper Tree Way 775-0044 Naples. FL 34114 E-Mail: District: 1 Category: W~dnøday, F~brruuy 25, 2004 Pagel of 2 Agenda Item No. 9D January 11, 2005 Page 5 of 16 Isles of Capri Fire Control District Advisory Committee NaltU! Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member commiöee was Cleated by Ont No. 75-09 to advise the Board d County Comml88i0ner8 on the budget and opeI1Ition of the leIes of Capri Fire Control District. Members must reside within the boundaries of the Isle of Capri Municipal Fire Services Taxing District. Terms are 2 years.. 394-3206, fax 394-5862 FL STAT 125.01 Staff: Chief Em ilia Rodriguez, Isles of Capri Fire Depart: 394-8770 Wednøday, February 25, 2004 Page2of2 · RECEIVED NOVi 9 2004 8oaro of County Comafssioners MEMORANDUM Agenda Item No. 9D January 11, 2005 Page 6 of 16 FROM: Sue Filson, Executive Manager, Board of County Commissioners David C. Weigel, County Attorney ~ November 19,2004 TO: DATE: RE: Ethics Inquiry - Potential Conflict of Interest - the President of a 501(c)(3) Organization Wishes to Serve on the Isle of Capri Fire District Advisory Committee Based upon my review of the attached memorandum relating to the subject matter indicated above, I am of the opinion or advise that: 1. It is to the individual's interest to avoid conflict of interest or the perception of a potential conflict of interest while on a county advisory committee. The individual may wish to consider removing himself from an officer or membership relationship with the aforedescribed 501(c)(3) organization if and while serving on the Isle of Capri Fire District Advisory Committee. 2. The safest course is to refrain from soliciting or accepting donations while serving on the Isle of Capri Fire District Advisory Committee. The Committee has no independent authority to accept donations; donations to the County, although "earmarked" for a particular County entity, should be received and accepted through the Board of County Commissioners, the governing body of the Isle of Capri (dependent) Fire District. 3. Lastly, it is recommended that if any public officer (advisory committee member) does engage in solicitation for tax-exempt organizations, he or she should only accept checks made out to the organization and that said donations be surrendered to the organization as soon as practicable. I hope this information is helpful to you. Please call me if you have any further questions. DCW/nib attachment cp:04-coa-Ql016.islc of Capri adv cmt.cthics inquiry I~ . Agenda Item No. 90 January 11 , 2005 Page 7 of 16 OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: David C. Weigel. County Attorney FROM: Tim Durham, Legal Assistant DATE: November 12, 2004 RE: Ethics Inquiry - Potential Conflict of Interest - The President of 0501 (c)(3) Organization Wishes to Serve on the Isle of Capri Fire District Advisory Committee. INTRODUCTION This request originated from Chief Emilio Rodriguez and was sent to the County Attorney's Office through Sue Filson. Chief Rodriguez's question Is essentially as follows: Would It create some sort of conflict for the president of a 501 (c)(3) organization, which raises funds and purchases equipment for the Marine Division of the Fire District to serve on the Isle of Capri Fire District Advisory Committee? I called Chief Rodriguez on November 10, 2004, and was told the following: 1. The person seeking membership on the above-referenced advisory board Is not a County employee. Thus, the prohibitions in CMA # 5311 and CMA # 5324 do not apply. 2. This IndivIdual receives no compensation from the 501 (c)(3) organization, 3. The sole function of the advisory board Is to make budget recommendations to Chief Rodriguez. 4, According to the Chief. it is highly Improbable that the 501 (c)(3) organization would make requests of either the Board of County Commissioners or the Isle of Capri Fire District Advisory Committee. The 501(c)(3) organization raises funds and donates equipment to the Marine Division of the Isle of Capri Fire District. CONFLICT OF INTEREST The State conflict provision provides: No publíc officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which Is subject to the regulation of, or is doing business with, an agency of which he or she is an officer or employee, excluding those organizations and their officers who, when acting in their official capacity, enter into or negotiate a collective bargaining contract with the state or any municipality, county, or other political subdivision of the state; nor shall an officer or employee of an -. Agenda Item No. 9D January 11, 2005 . . Page 8 of 16 agency have or hold any employment or contractual relationship that will cr~ate a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties or that would impede the full and faithful discharge of his or her public duties. § 112.313(7), Fla. Stat. (2004). ., This section does apply to members of county advisory boards. See § 112,313(1), Fla. Stat. (2004). However, based on the Information provided, the prospective member of the Isle of CaprI Fire District Advisory Committee does not appear to "'have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of. or is doing business with, an agency of which he or she Is an officer or employee." Nor does the State's voting conflict provision seem applicable with Its requirement of some sort of ·special private gain or loss. " No county, municipal, or other local public officer shall vote in an official capacity upon any measure which would inure to his or her special private gain or loss; which he or she knows would Inure to the special private gain or loss of any principal by whom he or she Is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained, other than an agency as defined In s. 112.312(2); or which he or she knows would Inure to the special private gain or loss of a relative or business associate of the public officer. Such public officer shall, prior to the vote being taken, publicly state to the assembly the nature of the officer's Interest in the matter from which he or she Is abstaining from voting and, within 15 days after the vote occurs, disclose the nature of his or her interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall Incorporate the memorandum In the minutes. § 112.3143, Fla. $tat. (2004). (emphasis added). SOLICITATION The Collier County Ethics Ordinance (2003-53, as amended), which Is more stringent than the State provision from which It Is patterned provides: Public officials shall not solicit or accept directly or indirectly, any fee, compensation, gift, gratuity. favor, food, entertainment. loan, or any other thing of monetary value, from anyone who the public official knows or reasonably should know: a. Has. or Is seeking to obtain, contractual or other business or financial relations with the county department or board with which the public official Is affiliated. b. Conducts or represents a person or entity that conducts operations or activities that are regulated by the county department or board with which the public official is affiliated. c. Is seeking zoning, permitting, or inspection approval from the county department or board with which the public official is affiliated. d. Has interests that may be substantially affected by the performance or nonperformance of duties of the county public official. e. Is in any way attempting to affect the official actions of the county public official. 2 ...----- --.--.. Agenda Item No. 90 January 11 , 2005 Page 9 of 16 Given the somewhat limited scope of the Isle of Capri Fire District Advisory Committee (lCFDAC), clearly the categories described In (a), (b) and (c) are not applicable. The ICFDAC does not enter Into contracts or business or financial relationships. It is neither a regulating entity nor Involved In zoning, permitting or inspecting. However, it is not dIfficult to envision circumstances where (d) and (e) could apply. Therefore, no solicitations should be made to, nor donations accepted from, anyone who has an interest that may be substantially affected by budget recommendations made by the ICFDAC or is attempting to Influence the ICFDAC. The safest course Is to refrain from soliciting or accepting donations while serving on the ICFDAC. Lastly, It Is recommended that any public officer who does engage In solicitation for tax- exempt organizations only accept checks made out to the organization and that said donations be surrender to the organization as soon as practicable. 3 .~.._"- ..- Agenda Item No. 90 January 11, 2005 Page10of16 MEMORANDUM DATE: October 25, 2004 TO: Elections Office ~ \ Sue Filson, Executive Manag Board of County Cormnissio ' FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. ISLE OF CAPRI FCD ADV COMMITIEE 1. Jay Cavanaugh 8599 Pepper Tree Way Naples, FL 34114 COMMISSION DISTRICT Benjamin F. Pearson 152 E. Hilo Street )~ Naple~ FL 34113 ,¿~/)F ~ <:,~H ~~I\S A(eµ¡ v" r,f' VAlex NeXander tb ~ ;~ ~ 138 Tahiti· C· le '" lfC \.Q\.\ Naples, FL 34113 3/5V51 Regina Day 163 Trinidad Street Naples, FL 34113 je 5> 'lee; ¥~e5 I I jes / I Thank you for your help. , '.J '. ~ '.I . -----.- --.---... MEMORANDUM Agenda Item No. 90 January 11, 2005 Page 11 of 16 DATE: October 25,2004 FROM: CbiefEmilio Rodriguez Isle ofC8pri rile District ::ro~J' Isle of Capri Fire Control District Advisory Committee TO: RE: As you know, we currently haw vacancies on the abow-retiftnced advisory committee. A press release was issued requesting citizens interested in øerving OB this committee to submit a resume fur consideration. I have attached the resumes received fur your review as tbllows: 1. Jay Cavaœush 8599 Pepper Tree Way Naples, FL 34114 Benjamin F. Pearson 152 E. Hi10 Street Naples, FL 34113 Alex Alexander 138 Tahiti Circle Naples, FL 34113 Regina Day 163 Trinidad Street Naples, FL 34113 Please Jet me know, in writin& the recolllJDeDdation fur appoinl.....,tIt of the advisory committee within the 41 day time-ftoøme. and I will preperc an executive ~nmmA.-y fOr the Board's consideration. Please cateco" t.e .pp..... ia .na .f aperdle. If you haw any questions, please call me at 774-8097. Thank you ror your attention to this JDIItter. SF Attachments ~ .-9 e: 10/19/2004 14:31 2397750091 C'AVANAUerI . PAGE 62 Agenda Item No. 9D January 11 , 2005 Page 12 of 16 Board of Couaty Commissioners 3301 Eu& T..I..I T...u Napl... FL 341 1% (%39) "+809'7 t'n: (~9) 774-J601 Fall: No. B..¡... PbOlle: ~1'_1t Boerd Dr t:....lttee App.1d ton Ou!.,.., (If çplalblo): .. fill <:'TP-....~~4.........".. T·l-..e,IIv.......... Are you . ,.......... yGC.. ¡. t:oIl1er COII..,.r Ya ~ No V Do you ft~tIy .... ,.blle oftIce't ". If... wUt II tIIØ oIIIcet No ''f '"'8oar.J. . ""....... .., r -~ IT If ~ ~ ,../W,."..". 0IIr J. ~ rd IT ....,,.þt¡ w..ItIII...,.., .11 ",..~.,.. a-I'¡c:..t, 'ri I r ,,»II...,....,. 'hwII. N4JIo, I"/. UIU. q,.. ..".,-.¡.,.., .....~ r .,~,. (V,,"u.,.. ......~ ..--- "....J1M,.,IWI.........._..---.¡"...~ _."~-_..,. e, e - 16/19{2004 14:31 2397750091 CAVANAUGH Agenda Itl~o. æ January 11, 2005 Page 13 of 16 J. JAY CA VANAUGR (100)-192-2473 F~: (414)-291-7354 Nr. Cav..... is a Fm Vi" Pradclcnt in the Public Finance and Muajcjpal Boad Depll't:lnmt of Robert W. Baird I; Co. IDoorporated. He Ia one of the fbntls muaic:ipal principals aad hu had exteatjve undcrwriûnS, tr8dina, marbtlna Iftd banldn. nsponsJbBiticl in these Dqwanents. He Is . member of die finn'. Invcstmcat Policy, Bconomie Ind IntereIt Rate, Inventory,_ Capital Commitment Committcos. Mr. Cavanaup hu been Senior Banker on over $3.6 biUion of St.Ite of WÎaXmlin. WHEDA ADd Mitwaubo County negotiated isBU&'B Scn1or-Managoct. Co-Senior Managed or Co-Manascd by Baird 'since I~~ . ...2OM5,000...... orw--.m o.-.t 0bIi..... R~..... et".. . 51JOG.000 ...at~ T~ __ BondI. 1'&9 s.;." S 65.159.000 "'-efW"-m (HI..... ~ .....)Oeent ~.,... atlm.lcrI. D SJ2:I.ooo.ooo ... Dl'w"'n CIeu W... ~ ØoIIdI, I" 11tri. I 111'7.1341.000 ... atw--.m (HI.....lduaMlonr'CoIIep """'.) 0ennI 0bHptIae... 011991. ~ B """'5.000 .....oIWilooellø a-.J ObI..... Reftandln&llritIotlPP2. S '",.,'.000..... at~ o..r.t 0bII.....1teftudna Boada. 1m hri.2 a".3U.ooo ..... atW~ 1'rInIponatIoa J.qque Ai RøftaodinI..... 1"2. -.n. AA8 J:z1O.ocro.ooo ..... at~ o.-J ObIiplioD IWIrMIIni .... fill"" ... I 113'7,53O,000.......~ o..nI 0bI~ RIftIftdIa....... at 1"3. ... 2 11fU51''OOO.... atW".... a.., w...... It.-.............. fill'" .... '11d I:102,050,000 ..... fllWiIocwin 0tMnI OIIÜ.... RtIÞaIIIq .... fill,". .... 3 111U'75,ooo ..... otWilolalln TnaIponaItoI¡...... RIftIDdiII¡ ØaaIk. 1m øen. A 1212,130.000 ......atWbolada o.n..J 0bI1..... (00 A V..,.......... ffllØ3I1c1rW'" S 20,000.000.... afW'--' 0IDIra1 0Wfpd0e (V...)........ BanIII or I"'....' 11"',"",0lIO w~ Hou.inaA IcIonomIo DMIaw-áAuthortly NOUIiIII Rtwnu.... 1m 8Iri. C 11".13'.000 ... O(~ o...t OWl..... (00 A V__> RdIIIdInc.... oII9Ia4. .... JA3 S 12.645,000 W__ HeII.int; A ~ ~ AIIIhorit)' IfcMiq RINIIM... I"...... AleB S 50,000,000 W__ Haullnl A EconomI" ~ AuIharity ItouIiII& ~.... 1"4 sen. (CAD) 110,«I0.00O'" otw..... o.n..J Obtiplion (v.....)........... 0(1".....:J S 30,000.000 WÍIDoCIeIII HoueIItI A ~ Dn.I...... AuIbcIrity....... a.-.... 1".. s.ri. U, 1125,000.00o W-.. HIlllllntA ~ ~ AIIIhori\y 1b.I... ~... I"~ IIritI ~ '1"-'710.000 Mia--. CauIIt)'. w....... o..aI ObI..... R............. 1m Be h.. been directly involved In the Itrueturin.. priel.... and marlœtlnl of lIIøtt Baird to-free flaaadnp over the past twenty )'ear period h.vina .Iso direetl)- manaled the IIDderwrfdaC .ad tradiB. d..k on a day-to-d.y ba.i. from 1975 throulh 1989. Prior to JoiniD¡ Robert w. Baird 4 Co. Inc:orponted in 1975, after a total of 15 )'eIIr'S in the buaÎDeU in PhiladcJpbia, Mr. C8Vanauab was Vico President and Manllp' of the Municipal Bond II1d Public FinÐncc Departmentl of Girard BIIDk, PbiJldelphia, Pennsylvania. During 1993, he I1so assisted Luther, Smith & Small, Incorporated as their Senior Banker for the CollowiD. isSUCII on which they acted as Senior Underwriting Manaacr~ and Saint acted as Co-Manager. II.~~ 1VA. City olt1i111. Miciipn ~ I50ndI af J99' . '.""'aratFlIaI, 0.... Co.. MicIIipa DaMIIowu Dn.....O.O.lr- - 1.....011993. Mr. eav-agh served as a member lor 6-1/2 )'MI'I 01.... PiMncilll AdvWy Board to tho S.. of WiNr-..j.. 8ui1dinø Commi..lon to wIùda .. \VII ...0.... ~ Governors Dreytbl and Earl. He 'WII appointed to the Public Financo Commiuoo 01 SecuridIIIDIIuIåy Association durin¡ 1984 and 1985, and is also . put naernber of the Bond Club of Pbilldelphillftd a put member of the Board of Govcmors of tho MUDicipal BoDd Club of PbiJadelphla. He II . Securitiel and I!xchange Commi..ian Rcailtered GenenJ Securidel Rep"*"tative aDd Resiltered Securiûe. Principal. He is also . Municipal SecuritiQl RuJGrNIdua BoIrd Re¡l1ttIted Municipal Principal. He grllduatccl from Comell Univcnity in 19S9 with a Bachelor of Arts De¡rce in &onomic.s and Finaoce, Hi. port-graduate Masten of BUJiness Administrltion work was done at the University of PeftftJylvm- Wharton Gnduate School of Fiaance. -. e . Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774·3602 Agenda'ltem No. 90 January 11, 2005 Page 14 of 16 \\0";" .. ~'.' f"f\'" Application for Advisory Committees/Boards Name: 6E...xr~,"","J F'.?e ~S.OW'- Home Address: IS"2. E. \+\'-0 6-t. Home Phone: 3~'\. l \ 13 Zip Code: 34 l \.3 e-maD address: bf~-,·\;' Q) ~o .c:...",^,,- Fax No. '3'''' . C\ &89. Business Phone: '3C\4:. q, '" ~ 8 Business: ~.....Pr~~l ~) I~l". Board or Committee Applied for:ß\c ~ o-f ~t f\ ~ ~'\:to\ i)\&~ ~.l\J\"OC"" <!..ø"""", -- . . Category (if applicable): Example: Comml..loD District, De\'eloper, environmeotallU, lay perIOD, ete. v No Are you a registered voter In Collier County: Yes Do you currently hold public office? Yes If so, what is that om«? Do you DOW serve, or have you ever served, on a Collier County board or committee? Yes v' No Ifyes,pleaselisttbecommitteeslboards:~~ oof' ~~ 1=-,..... ~~I ~H.W-"'i.C."'t' ~Åu\.~O("'à No .,¡ Please list your community activities (civic clubs, neighborhood associations, etc. and positions held~ Pen' 'h!~~~c--a.r C,...ÞIt2.l (~..J~ht!... þ..,,~~c.... Education: ßItt.. t.11" &.t ?\~~W"\.~oÅ..4 " 0 Experience: "'-tlLUê... .S'l!'!"'\H...~ ·...Aú.. c.t'II........ ßð. ~~ ~~ -h~'D ~?ÞdJ("<I!. .. ~ ~ Pktl.e IIIfIIch tI"y IUIditúHuJI Ùllof'lllllilD" YOIII_ pntiMnt. Tlaø tqIJ1IlClItIo" .1uJu/d be lo1'Wll1'Úll ~ SII. Filson, EucIIth>e M_gn ~ the BtHUYl olCoulfly C_IrfiB,Io".", 3301 Eat 1".,¡""'1 7iYI1l, NIIp/n, FL 3<1112. llyou wølt, pktue ¡_ YOII, IIppJ/clltlo" to (Z39)7'U..360Z 0' ...",.¡¡ ~ !uef1lson<íiJJ:øIlit!l'1!ov.ntJI. TIuJ"A: YOlllor vo¡'",lftrillr to _ tile cltluru oICoIU., COUIÚJ'. .-- i - I e e - 10/08/2004 16:30 FAX 239 3945862 Isles of Capri Fire Dept fa¡ 001 Agenda Item No. 90 January 11, 2005 Page 15 of 16 ~fC~~~~;~~,::~sioDers Naples, FL 34112 Dfltl39} 774-8097 ..'ax: (239,174-J602 r..¿q.'.. , - '.I'lf;'r:) Application for Advisory CommitteesIBoards Name:--1r/~'K ftj~.lf.ðUìdrr Home PlaoDe: bfJ- Y.J.~ R_Add-= /9& 7rØutl CJÆ 1If.~cœ.. 3-4//3 r.ì/.Jt FuNoIÆ2 /3/1 B~oDe: Rê)1-~~ e-lllaUaddJ-eø;~5efr4!JJ~ßt71:~. BIllÌDess: Board orColllDÛttceApplied for: ~/h ~ (~.'~.¿ ttiJ1fø)cf~ Category (tf applicable): E-.a= c._....... Þidrict. DnwIepor, ~ ~1Ift..",.,...,.. . Are you a reabtered voter in CelUer COIlDty: Yea / No Do yo. carretltly bold pab6c: oft"ø:e' Y.. If so. wUt .. tIaat øftke? ~ No No t/ m ty1J '¡;-Û-- I. ~ It Ed.cation: ~As~ I ~"K....-I ~ ~ = I~ Ex~ n ~ ~I~ - - _ _-;:, ---~-- ~~~ h~1f)(J;1' 0J1I7~ ~ -.. ~"'Jl:l- 77J¿n&yq- ~,,;1lc¡.. /)~. los~ 14 c"7 - /19/1- ~....~ ~Mr ..'iIIþI. ~-- "'fM~ r» w· --' ø """-.1- -*J,....".... ~.........Iø.. II4NInl øfc-ø" a..._' ,_. nIl E_ T~T~ ftIíI UI, JI'T. J~112. VJ'08 ttÑdI,pIMu/tD&,..- ~n" (.ZJ1IJ17~-JQQ tw ~1iI..mflr -----....-.-. 77M1tIt¡.Mflw ~C'.. tr_* øIIiIrIau tJ/C... c-.o-. 10/24/2664 21:48 941393211?J4 IMN PAGE 01 . Ägenda Item No. 9D - .-- January 11, 2005 Page 16 of 16 Board or County Commissioners 3301 Eut T&Ø1iaml TraiJ Naples. FL34JU (941) 774-809j. " ,....r· Fax: (941)~~Í602 . "'C~1 ;. , ' Application for A4v.i5èryCômmittees!Boards Name: ~~'ái(} t:_ ~,-- HolO. Plio..: srq. ;){'7 K---::' &0.. Address: I ~:s ¡;::"n ¡d Of. ~ ~+; N.o.p t.P s FL Zip Code: r:3l.( (15 FI¡:No. :'~b-~I~ B1II1....Pboø; 3Q3·)...{o 3 e-maOaddresl: rd~~:J:¡(!)L..<,01 Bu.iaoss: (Yk£A-¡nð Rail r>-er , Board Or ComlDltt.. AppJied for: H reo Mv ~~ 0.) ~ ~rd ( '7f' p <;"' 0 ..ç Grn . Cateaory (If applicable): £2..,..: c....... Dlùrtcc, IkwJoper, eII¥II'tI...ta'", lay ,.noa, dr. Are y08 . netstered voter fa Collier Co..ty: Yes Do )'oa eu.....atlylaold pabUe otlke1 Vea IflO, Øat" ...~ x . No No )( Do yoII .ow..rve. or M".)'9. .wr........ .. . CoIU... COIID!)" board or CGlllDliUw1' Y. II,.., pI....1ùt dI. ~1IÙ."""'rd.t No x. Pie... list your comma.1t)' activldel (cMe elaN, .'ilbborbo beld: me . '1/' (" .Edac:atio.: 13 A ; í\ ('om;")-\ u Y'I ;c a.. -h' Ø'n.5. (. '-' Yl i V'. c::>,p rn I'~ 1"Y1.. ~ B~Þ1:i;~~~~~~r0kr-i. ~ p,-- IItf#dI.,., ......1 /llfer",,,,,'''I- pÞI/II"'" T.ø øppIJCillÛÞII ..tIIlU Iu /"""øt/411 tø SIIf PI..II, .lb:MnIVfl /11.....0' '" Á. ~ #.ICMR41 C_IP'-~ J~'llltøl 1'...., Tt.1I, N""., " IIJ. U.1" "úA, pw-¡ø,.", .,pIlr:MIt1" tI1 (Ht)174-!J6IJ' tI, .-JJ I. .~m-..I!r~ ,...,..,..f.......,....,. .-1It.,.... ~c.llJøC",JIIIO'. EXECUTIVE SUMMARY Agenda Item No. 9E January 11, 2005 . Page 1 of 5 RECOMMENDATION TO DECLARE A VACANCY ON THE PARKS AND RECREATION ADVISORY BOARD OBJECTIVE: To declare a vacancy on the Parks and Recreation Advisory Board and to direct staff to issue a press release soliciting resumes in an effort to fill the vacant position. CONSIDERATIONS: Ordinance No. 2001-55, Section 8, reads as follows: nIt is the intent and strong desire of the Commission that there be full attendance of advisory Board members at all meetings of the Boards, recognizing, however, that it may be necessary for Board members to be absent &om a meeting due to unusual or emergency circumstances. Nevertheless, full attendance at Board meetings is encouraged and necessary for the proper operation of the Boards and in furtherance thereof the following requirements are established: A. Any Board member who is absent for more than one-half of the Board1s meetings in a given fiscal year shall be deemed to have tendered his or her resignation for such Board. The Commission shall, as soon as practicable after such resignation, declare the position to be vacant and shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant by the Commission. B. In the event that any Board member is absent ftom two consecutive Board meetings without a satisfactory excuse acceptable to the Board chainnan, the Board chainnan shall state such fact at the next regularly scheduled Board meeting and shall thereafter notify, in writing, the Administrative Assistant to the Commission of the Board member's failure to attend without satisfactory excuse. The Commission shall review the Board Chairman's notification at a Commission meeting and shall declare the Board member's position to be vacant if the Commission concurs that the Board member was absent from two consecutive Board meetings without a satisfactory excuse and shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant. C. A member of a Board shall be deemed absent from a meeting when he or she is not present during at least 75% of the meetings. Mr. Ronald J. Brown has been absent 6 of the 11 scheduled meetings in the year 2003 and has been absent 6 of the 10 scheduled meetings through November 2004. Attached is a letter ftom the Chairman of the committee requesting that the Board of County Commissioners declare a vacancy on the committee and direct staff to advertise to fill the vacancy. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation to declare Mr. Brown's seat vacant and direct staff to issue a press release soliciting a new member. It is also recommended that the Board of County Commissioners direct the County Attorney to prepare a resolution declaring the position vacant. Prepared By: Sue Filson, Executive Manager Board of COWlty Commissioners Date: JANUARY 11, 2005 Item Number Item Summary Meeting Date Agenda Item No. 9E January 11, 2005 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9E Recommendation to declare a vacancy on the Parks and Recreation Advisory Board. 1/11/20059:0000 AM Prepared By Date Sue Filson Board of County Commissioners Executive Manager to the BCC 12/28/200411:18:31 AM Approved By BCC Office James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/29/2004 2: 16 PM Agenda Item No. 9E ~ ,:~~~~/ COlliER COUN1YDMSION OF PUBLIG SER¥I~ssjoners Parks and Recreation Department 3300 Santa Barbara Boulevard · Naples, Florida 34116 · (239) 353-0404 . FAX (239) 353.1002 Web site: colliergov.net December 15,2004 Marla Ramsey Interim Public Services Administrator Dear Ms. Ramsey: The Parks and Recreation Advisory Board Ordinance 93-81, Section Four, Removal fÌom Office; Failure to Attend Meetings, item (C), states "If any member of the Board is absent for more than one-half of the Board's meetings in a given fiscal year, it shall be deemed that the member has tendered his resignation from such Board. Ronald J. Brown, a PARAB member, was absent six of the eleven scheduled meetings in the year 2003 and has been absent six of the ten scheduled meetings through November 2004. It was the consensus of other P ARAB members that this position, with an expiration date of December 31,2006, be declared vacant. Please forward this information to the Board of CoWlty Commissioners. RECEIVED I DEC 2 1 20IJIt J PUBLIC SERVICES c o {~~ c .. c o ... ... ~ .v Agenda Item No. 9E January 11, 2005 Page 4 of 5 .--- Parks and Recreation Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Ronald Brown 513-9273 01/14/03 12/31/06 4 Years 163 Can"bbean Road 566-8259 Naples. FL 34108 E-Mail: District: 2 Category: Urban . ,i 10fl6l99 12131101 Ms. Mary Ellen Rand .vf" ~ 437~1 2 Years SSO 11 Oth Avenue. N if ,~,Þ 514-3763 12111101 12/31105 4 Years Naples, FL 34108 {r E-Mail: District: 2 Category: Urban Mr. John MacDougall 370-3304 10fl2l02 12131/03 1 Year 9809 Whitehall Street 598-4105 02110/04 12/31/07 4 Years ".,~ - Naples, FL 34109 E-Mail: District: 2 Category: Urban Mr. John P. Ribes 261-4007 10124/00 12/31/03 3 Years 218 W oodshire Lane 02110-04 12/31/07 4 Years Naples, FL 34105 E-Mail: District: 4 Category: Urban Mr. Frank Donohue 597-4575 OS/28/02 12/31/02 1 months 5961 Westport Lane 353-8584 01114/03 12/31/06 4 Years Naples, FL 34116 E-Mail: District: 3 Category: Urban r-. Wednesday, June 09, 2fHU Page 1 0/2 Agenda Item No. 9E January 11, 2005 Page 5 of 5 .- Parks and Recreation Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe.appt 2ndExpDate 2nd Term Mr. Edward Olesky OS/26/98 12131/98 7 Months 6001 Lake Trafford Road 657-2401 01/14/03 12131/06 4 Yrs. Immokalee, FL 34142 E-Mail: District: 5 Category: Immokalee Mr. Joseph C. Overbeck 06/08/04 12131105 1.5 Years 8072 Tiger Lily Dr. 793-7339 Naples, FL 34113 E-Mail: jco@comcast.net District: 1 Category: Urban -- This 7 member committee W88 cnJ8Ied by Guidelines eetabliIhed on 11/25/15 ¡oj confInned by Old. No. 93-81 to advi8e the Boerd of County Commilsionen on &ny m..... concerning acqui8ition, development end programs invotving IØks and 1'8C188tion facilities in Collier County. Membership con.... of 1 member from the Immokalee Community Parte Di8lrict, and 6 members frnm the Nap" and Urban AI88 Commooity Park District. Terms In .. years. FL STAT Staff: Marla Ramsey, Parks and Recreation Director: 353-0404 ....--. i Wetlnøday, J_ fJ9, 2004 Pøge2o[2 '~".~.'_.'_"'~'H"__'.HM~~~'~_~- -,--, lJ..L()C"') -~8õ 1~1 )N..- ~ - -..- (I) E ..- C> i.. .$ è:'& Ju.;... -ro ft I cc::::¡ "Uc:: c::ro (I)...., I C> HIH ~ $I ! ~ . r~ ! Xi. fH I '15 "j ~. ~.r¡. ~, ~ . . " 11 HII Ii I ~I (, (.) ~j i ~ II !1U't ! I gl flfle II:! - ~ 11 'I r I ~!ij .IJ ~ "" rnt . II 1 .J '¡ ~ .J , J~¡ , -$ I-hi c: a~ .. HhJ· 0 ~ -:::: i . ~ ... r:a - š ~1 1.I:f:II1 ~ ! i .... ~1 ,... ~ §' ...... i ð: :¡ 8 Iii: is ... . ! .. I Pjl! . - f ~~ ",101 . ., IJ~l . ~. . ... 1 Xi. Jj"1 ,!; ~~ j ð! ; iipi~ - .. .!I = Ii f' E ' H [.1 ...::: ~! :.- i . -= ¡all f~ l~H't ~~ .!'õ ¥tij ".." ~ . i i!'; ~I ·1· ':I ., .~ ; -Ð'" Jjjf "''1 .,¡ J 11H ~ 'õ ¡ j ¡ !~ i "" ~fi JH. (/) 'õl i i:r= I 1\:' i IÎ "= ,J¡'.J ... . , ~ JI.flt m-:¡¡ JUS t;;'t! I ~If~ . ö'" ij! .....! 1£:1':11. ~¡ II ... : :I § ..... ..... ð~ ....c c; ð t cc:ii:!ii5~ ~ Item Number Item Summary Meeting Date Agenda Item No. 9F January 11 , 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9F Commissioner Henning request discussion regarding the fee scheduled, particularly the resubmittal fees, of the Environmental Impact Statements. During the November 14, 2004 BCC meeting, a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in Code of Laws Section 2-11 was brought before the BCC. See Fee Schedule Change 41, page 14 (attached), from Nov. 14th meeting agenda. Environmental Impact Statement (EIS) fee is $1600.00; 2nd submittal $1500.00; 3rd submittal $1000.00, 4th and subsequent submittals $500.00. These fees are not consistent with other fee schedules. 1/11/20059:00:00 AM Prepared By Date Sam Tucker Board of County . Commissioners Executive Aide to the BCe 1/5/20052:07:26 PM Approved By BCC Office Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 1/5/20052:08 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1/5/20054:22 PM -----~--~--,-..- Agenda Item No. 9F January 11, 2005 9) After-tile-fact Excavation Permit. 4x atmlícation fee E) FIRE CODE REVIEW FEES 1) Fire Code Review fees associated with each of the following processes: a, SDP - Site Development Plan ~ b. SDPA - Site Development Plan, Amendment ~ c. SDPI - Site Development Plan, Insubstantial $100.00 d, SIP - Site Improvement Plan $150.00 '. e. SIP! - Site Improvement Plan, Insubstantial $100.00 f. PSP - Preliminary Subdivision Plans lliQ..QQ g. PSP A - Preliminary Subdivision Plans. Amendment $100.00 h, PPL - Plans & Plat, Subdivision liQQ.QQ i. FP - Final Plat $100.00 j. CONSTR - ConstrUction Plans, SubdivisionlUtilities $100.00 k. ICP - Construction Plans, Insubstantial $100.00 1. DR! - Development of Regional Impact ~ m. DOA - Development Order, Amendment 1l2Q.QQ n. PUDZ . Planned Unit Development, Rezone $150.00 o. PUDA - Planned Unit Development, Amendment ~ p. PDI - Planned Unit Development, Insubstantial $100.00 q. RZ . Rezone, Regular Zoning 1lQQ..Q2 r. CU - Conditional Use li2Q.QQ F) SITE DEVELOPMENT PLANS 1) Site Development Plan Review (SDP). $5000.00 a. plus ~ per DIU b. plus $100.00 per residential building stmctuTe; c. plus ill per square foot for non-residential d. plus ~ per building for non-residential. e. Additional fees for 3rd review $1.000.00. 4* review $1.500.00. Silo review $2.000.00. 6th and subsequent reviews $2.500.00 2) Pre-application fee. ~ (to be credited toward application fee upon submittal.) a. Second and subsequent pre-app meetings at the applicant's request shall not be credited towards application fees. b. Second and subsequent pre-app meetings at stairs request will be held at no charge to the applicant. c. Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required. 3) Simultaneous Review Fee (planning review of simultaneous building pennit applications) $ I 00.00 per building permit application 4) Site Development Plan Insubstantial Change a. Site Development Plan Insubstantial ChaDge. ~ for first sheet, $100:00 for each and every additional sheet submitted. b. Additional fees for 31'11 review $1.000.00. 4111 Review $1.500.00. 5111 and subsequent review $2.000.00 5) Site Development Plan Conceptual Review $750.00 CDES Financial Administration. rev 11/17/04 msl l'age4 T-...IIOKW ...1...88-0550 DAVID E. BRYANT Attorney At LaID NAI'WIII - ~ als ÂlIIPORI' JIICM.D 801.!'1'll ~ I'LoIuDA. 8,no.. January 5t 2005 Agend a Item No. 9G January 1J: ~Q5 Pa~1'4f'2 .. - TIII.IICIoPI_ 841-"85-0457 .....COUM'Y\W'M 1M QIIIIIIØ HAND DELIVERY JAH - 5 2Ð05 Jim Mudd, Collier County Manager Administration Building 3301 Tamiami Trail East N~les, Florida 34112 Re: Public Petition-Collier County IJo8rd of Cell f If lIMn ..""'.......~J ~:~.... l....Õ"""'...IÚ4 ',," - .'--..--- Dear Mr, Mudd: I write to respectfully request that you place on the Collier County Board of Commissioners January 11,2005 Agenda a particular item under Public Petition, This Public Petition concerns my client Empire Builders and the HD Development PUD at Olde Cypress. ACTION ~ -_---.,---.-..-_~...-:=~ V';;-q;-' ~ ~'Y"-~ ... - Specifically, this matter involves a minor change to the existing PUD to adjust certain lot sizes and reduce the housing density in the present approved existing PUD. It is my client's position that this ''minor'' change does not involve a "substantial modification or deviation" to the present PUD and should not necessitate a formal amendment to the existing approved PUD, Further, this minor modification to the existing approved PUD provides for increased green space, substantially larger lake surface area, together with decreased housing density_ Additionally, I have discussed this matter with Commissioner Fiala today and she supports adding this matter to the Agenda for the January lIt 2004 Board of Commissioners meeting. Also, she stated that she will discuss this request during her meeting with you this afternoon, and indicate her willingness to add this matter to the January 11, 2005 Agenda. The time and assistance you and your staff provide in adding this item to the indicated agenda is greatly appreciated by both myself and my client, Empire Builders. With kind personal regards, I remain v cry truly yours, ~4~ DAVTIDE,BRYANT,ESQurnRE DEBlhd cc: Client jm-OI05.1tS ,,-.. Item Number Item Summary Meeting Date Approved By . James V. Mudd Board of County Commissioners Agenda Item No. 9G January 11 , 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9G Discussion regarding request by David E. Bryant representing Empire Builders and the HD Development PUD at Olde Cypress. (Commissioner Fiala) 1/11/20059:00:00 AM County Manager Date County Manager's Offíce 1/5/20054:17 PM l click "ere ~nO t)' 1C oddrc.~s] t;~'~I;~&¥t~Wi.¡~\~ttãt\;):;'t:':,;;';vc:;~?,\~';:;:!\~i\~::!::.$/F;;::E:7~:;·\;W; Kay Fax: 239-774-0225 To: ...-.--- ,-- From: Cindy Rear Date: 1/6/05 Re: ßabcock Ranch R~solution Pages: 9 cc: x Urgent o For Review CJ ptease Comment o Please Reply o Please Recycle . ,:.'.' The..I"iØrn:l;>v Group is an acclaimed organization of selected high· school . .'. :...., ~uØfän.ts.:~t\O want to make a·positive difference 1n our corf1munity. -Every ...;....:.>::,:....:.;.:..:....."..'.'.".' year~ wem:ÒJ:1nOtO/~·e. amPmrojectt that we feel has the greatest impact in the .~.~.~j~.~~~:.:...~':..:.. ·'.:·.·~.9 uni y. : .' ,:,',.:' :I~.. . . '". ,:" . " ,,:'.: .,'... '.: ",",: '::: ,. . .::.:::<...../.:·,.:},....11\ii.Ÿè.:~~.o/~.,h~:ve chosen to help acquire and preserve Babcock Ranch, a . :~<:'i:/:.:....:.'.~.91,bQQ....äê:.re.habitat for Florida's endangered wildlife. We are working with ,~::.,':.:, ....,'.,:.:. the Babtoëk Preservation Partnership which is co-chaired by Lee County ·"~:"":'i/,.~.·:':: Comm¡'s$:iôn~r Bob Janes and Charlotte County Commissioner Alan ," . . . ...... Cummings..' 'Babcock Ranch is the missing link in a wildlife corridor linking F.lcrr.JÇla,:s ~ast and west coasts. . . We request the Collier County Board of Commissioners pass a formal resolution of support for the acquisition. Delegates of Collier County supported a similar resolutíon as members of the Southwest Florida Regional Planning Council. A delegation of supporters, including local elected officials, will be traveling to Tallahassee on January 19 for a meeting of state land acquisition officials. It would greatly support these efforts if a copy of your resolution could be included with supporting material by that date. We also r:equest your assistance in getting this item on tile agenda for the council to consider. Attached to this letter are copies of resolutions from Lee County, the Regional Service Project and the City of Sanibel. Please let us know if you require additional information and the status of this request. Our teacher, Ms. Cindy Bear, Resource Teacher can be reached at (239) 275-3033 or £LndVb3~.k12.fl.us if you need additional information. Thank you for your time and consideration THANK YOU!!! THE MONDAY GROUP ................ Abb eN --- .............. q~H ! r II J ()~ , ·t':'·, . , , ' ~ -' -.;;- '/ ,/' .' ," i. J , \ '\.. ) i I 1 I - --' " " 1 ¡: REsOLUTION NO: ZQ03-04. '. '. . . Â.RES9LVTION sUPPOkTJ;N~..TBE P.X1Rciy\SE' ÓF TBË·Í3~~C'9q<.í.U.Nca , ... ." 1 .,' ..' ", .. . " ':./ ~ ,.~"I' .I cJ" ~., .I....~t~:.~' ··</~' ;>/- 'P . I" Wb~}"éaS~ t.he Everg1ad~ RestoratiOD has recognize;;d that the rec~e:¡;y oftbe .waterlJ~~ ~9t!?gy .o~ ' South Florida is, dcpendCrt upòp c~i-µ 1ands b~g planaged :f{)r tþeir babitat aI}.~ ~a~ supply. rn\FTI~sesm(f, . ' .' . , . .' '. I ' '. " ., .... . r-r ", . " , '", . '.", : .,' 'f"" 1 . , .. m~e.aS~ tht. Caloosahatchee Ri"'~ V(a:t;f;rsh~d .is ~" ~ea, th:at still h~ 5igD~.íiC~ wj]d1ifc,' P~~:ïµ.~~IÌstþat~.Ji~~'fo~their~~~eç:of~4~g~~~~·~~ .', ',:..' . , '~;;: . '..: '.:~' . . . ,. . " ' . . I ~ . , Whereas~ the Caloosaha1chee RiV'8! Watersbed stiiI ~aS sig¡)jfÎç;ant träêts ô{ 'land ~ hav.c mamtained tþeir. a.bilîty to I1a~ura11y stpre. the w:ate¡:- needed foJ:' hal?jta~. ~d ,'. . . . " . \". . Whete~, these same Jandsstiuprbvíde·;;¡iihéµ- ~åg~ ~:nafur~i~eriod;fh~h~Iþ~~ the Ca.lop~atchee cstna;ry. and ' . ' Wbe.r~s, these same lands also contnèul:e to~()re ( .ep6ri~iàbl~ gfò~d~àtcr ~b~ke ~ s~c~,' 'water flow that belps supp1y water to domestic users and utilities, and ' I" "', !.' . . '" , '" " . ~ . ".: . . ,~:.¡ . .: ~ ~ I merþ;tS~ these;; same lands bave not been identifial as beµi$ necessåry to urbanize for the:region to achieve its economic goa,1s, ~d . Whereas~ devclppJIi.ent pressures are becomíng evident.as hi:D~ .owners' face the to~gb choices of eco:noxnic su.rvj..¡al when c1í1Tc:rrt land uses do not~~aþle'~~s to ac1ñeve 1he.it'pcrsonal goals, ane! . . I I ! . ¡ \ I ! r I l I t ! I ¡ I Wbere3$:J .thešè sæbë'::lands m their current cónclitii);tl 'd9'~ssiSt 1he.rëgìon to achieve its economic goals fux èOO'tð'O.fji;m' ~d the produètion of food and tibet,. and . . , . , Whereas,.,th.~ J;Jabço~J<: Ranch710cated in Lee ~d Charlbtte em.intíës, is thè Jargest single1'tlA1~..g< own~h.ip iha.t fI'i.ontain~ tl;\C water and habita.fv~:ues so important to the region and Så1J:tb F1ån;ää.'s ,ecologicå.1 recovexy, and Wbere=-s, the Southwest.F1orida:Regi~nal Plant)ÎI1g CoUncil win attest tha.Ùþe public acquisition of the Ranch in whole OJ" in ownership of development options will assist the Region as a whole in -achieving j~s de..irlrable economic future, and WhereaS, the State of Florida has land acqujsition programs 'With diverse missions fòr which the BabcOck Ranch is mOl"e than .suitable in fu1fi]JiDg. , NOW THEREFORE BE ITRESOL wI> 'BY THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL THAT: . 1. The Southwest F10rida Regional Planning CQuncil snpporls the aé'luisition of 'the BahcQck' Ranch for the many public benefitS it C1.'lII'C1)tly provides. . - - - -'- \:.';,:, . . ,.~, ' ~'h~ . . (") 0 '\, 11>e S~Fl~~·~e~~~ dó~p;~~ ~:~~~r:md C;Wini:t.;\\., support tIi& àcqjnS1tJoo ~f!be Bsbcpcl< Ranch tJjrongh the varti>uS p"'&'ainS - the·.., , Go:'~ :,d cabinfl oversee. '. . . . .. . . .. ". .. ~ .,' ,:\"". Tlies...±hWest l'iioridá R~gÍÓ1Ial1'f;mii!rig eö1fuclt r.q\1c& 1bi. ~tb. ~.i1i~'''' ~. '" . ~siûon' of the Babcock Ranch through !h& "moos programs ho singularly aliecicii$. . . .d. . t, ,r' .' . . . - .,. . . ".' . . The 'SoUthWest Floxi~ RCgiÓri.ï PJàimID~;èòuiibiJ reqUi:i5ts 1'hé Gó.wri1ðr alid ·CäiiiIiöï'\b· ,': prm;,,;to tho ""c¡uisition of1'lØ;)3à\¡êocli::rowcli by óilicii:jiubJí"'Ólipriváto ciitítit!s ~ 'Wtiit:1í !be Go~or mil Cabinot bmre IDf ucnco. . . ,..' .. , '..: . . .' . ~ '.' . '. ',' ":' ' _ .' \ .' t ,\ Tb&SonthwestFldiida~œfui p~ Co'tmcIJ è<iiriJni1s to ~niihti~ 'f;fuIi.!. . Bsbiiock "RaBCh with !hè "ie.... it is Capablc· of pro-viQmg. ". ,',. . ::.;::', . ':, . i'~ . .., "I .' -:'P, ' -' ,'.. ....:. ','. ;,:' ¡,.';. ",':' .. ' . 2. 3. 4· 5. . ., ;: i , " " ..;,' ADoi:Œ.D Tß]S 20tJ1 µAY OF FJt:$~UARY ZOO:\. . " " . , I 'I', .. .!: ' , . ~. ..: ":''¡ , .' ,..- ¡',', . I, . , ~ '";. SOUTHWEST FLORIDA IŒGIONM.. p~G cotJNCI'L.\·:· ,',I " ..." ,',',' ...;'....' . ,:' . .... '\',"'. 'ii" . - " -, ' ,','. .. ' '. I·: ~. I' . . 1Þ::' .:' .. : .: I: . '. '0: , " '"::J;O' '¡ :: \~i'.. ~=:,.r"') ., :.',,'.' ~ ... ,; ~".' ~; . . .: . ';' .. . , '. .... , I.. ' " ." , ,', ., ..:.,' h' 'd'~" ,(.. ,,1 , '.L1~' 'J,.... Dü!Et ~.:...' ·'i :~ bø:èutivè;Ditliilitô.i :' . ! . . .= .;¡..; :. !; . . . ~. .:. " ' .... .,)."" , ' ,.... '. ' ) , ",~ ~ ,";1 '. . -::- " .' .: ' ~ ... ~ . . .... '.. "'to:'·. .~.:. t. ; :" '" ~ . :: . 1 =.' I· .:' ,: ~ : ~' ;. . . ',; I :' .. fl. ~: . \ \ '. :.'.' " " .. ,~ . ,': " . . -:;' '. .....J, .' ,; ..... ';:,' .... ::"= . . , , , . ' ,,' :' ~" : ~~ . . . :. ....; ,'~1-\' 0.:: '!::: . :J !. '" I ,I . :. ' ;: I;' " , .' ~... ,. \.: '. ~ , . ~ ~. , . ~i : 'r ;:". "f'~·~"""'~~ "~:ft <~~. '.~ :'"I~;';:\'''' , .! , : ., -t., .' ..:'. ". I ~. , ' . , . . 1. '. ~...'" , , f:. r I ...' , I':'" I~'~ . .. " , ~ , . '. ....' .'. '.' : ".' t \ I , w__.__w._._.~. - - - - - '-" .-- 01/34/2806 13:a~ 2394723065 CITY Of SANIBEL , n~'" ..... ,. ( . , ,/' , l, '1.\ .. CITY OF SAl'ßB:EL' RESOLDTJO'N NO.I2..136 A øsOLU'l10N :u.¡COtJJ.U.GING THE STATE OF FLORIDA, LE1I1 coUNTY ~ CBABLOTIE COmrrY TO NEGOTIATE TIØ PU1\CBASE or TBE ENt'IBE '1,3'~ ACHE BABCOCKRANCB AIm pB.OVlÐING AN DßC1'IVE DATE. " WBEIlEAS, OD._ 1572002, tbe Babcœk Florida Company submitted a Large ScaIe P1an ~11~ øppfi.Catio'n. to t1. ChatJotte CoUDty COp;mt"" J)cve1opmcnt ~ in' 'tb: dewlopment of a. ~use ~ COJrIR'Imity located on 19,910 ~ in Cbarføttcl awl Lee CouutJes; and WfIJl1I~AS, tbcpIQject, upon cmupJet1oø.ss proposed, .ou1d.~app:o~b!\y20,OOO d.we11h1g units with an approximate poptt1atioo. of 50:.000 people; aud WBEBEAS".the dpp1iaøtiøD was ~ to be ~1ete: and is "'on bo)d" untO. tlte appJiømt gphmits addirioual htØ>1lt1ØtiDn requaœt byb Cbat)6Jt'œ COam.yCuJl.....d:y~ [k¡\attdHmt; aDd Wfl'Dus" III ~ haw ~ to deJay fiJrdu:t prot.esSkJg of the app~ VIbi1e negotiationS with tile State ofFlorida, Lee County and ChatJoUe Co1:Øy øtC undefwaY fot purcbøse ~.~ of_ eøâre 91,362 aa:e BabœCk Ram:h ~ and. WB.EKEAS, the parchsse of the Babcock. Raø:h Property in its ~ by' the Stø.te of FJøI'Îda, Lee Coonty,...dd <:::bIrJøtb! CountywouId ""of~ w1Ue to bothcount:iëa tbmugh the ~ of ~., reðœ1imt in poœntia1 pop~ ~ io. pvtcðtial ttafi]c, rer;bu\tioD. ofsigrñfi~ ~ OD. water ~ other JUI,tIIra). JœO~ and red;uc1:i.oD. of poteòt!al iùturc po1h1tiDn; NOW, 1'JUt!UJOD, BE IT RESOLVJID bytbe City.Council oftbe City ofSanibe~ Lee! County, FJorlda: 61/~4/2a05' l3:03 2394723065 r , I CT,TV Or- 5ANIEEL I r'1'-'1..... . - .. . . - - -. - ( SEcrION 1. The Qty Council ~by ençom:agE:S the Staœ off1orida, Lee CountY and CharlJ¡tte County to negotiate the purchase of the 0lltiré 91,362 acre ;Babcock Ranch Property in oJ:der to ensure that auch pIOJfaty is maintained in ~ substantiølly undeveloped conditioi4 thereby ¡ significantly limiting the fu1:ure demands that an. addi1iona1 population Qf 50~OOO jn tht\t m:ea. would piace on the ttansportatìóÎ1netWodt, gtou:11dwa1cr resources, in1aDd bays and rivers and amultitud.e of other envjronmental :r;œOl1tCes. At the same titne, such put'chase would SSS1,1Xe ~ presetVatiCn and maintéJ]ØnCe of essential habitat and g¡:eenspace vital to the quality of Jife j~ Southwest,Florida.· SECfiON 2. Effeçti.ve date. This. teSOlut1.on shaU take c:ffect Ì1t1111ecüately upon mopdon. DULy pASSED AND 'ENACTED bytbe Council ofthc City of Sanibe1, tee County~ F1~ this 17th day Qf Pec9mbar ~ 2001. A1J'l".fIENTICATION: 4·A.~ 91F APPROVED AS TO FORM: pÌlM.~L City A ciif· Vote of Council members: Brown: yea Walsh: yea HattÌty: yea , Theiss: yea. WotkmaD; yea. Date filed 'With City Clerk: Deoember 1 7. 2002 2 -. - ..-. - -. .- WHE'REAS, the Everglades Restoration has recognized that the recover¡ of the waler based ecology a/South Florida is dependent upon certain lands being managed lor their habitat and water supply purposes; and WHEREAS, the Caloosahatchee River watershed is an area that still has significant wildlife populations that are listed for their degree of endangerment; and WHEREAS, the Caloosahatchee Riverwatershed still has significant tracts of land that have maintained their ability to naturally store the water needed for habitat; and WHEREAS, these same lands still provide in their drainage a natural hydro-period tñat helps sustain the Caloosahatchee estuary; and WHEREAS, these same lands also contribute to more dependable groundwater recharge and surface water flow that helps supply water to domestic users and utilttles; and WHEREAS, these same lands have not been Identified as being necessary to urbanize for the region to achieve its economic goals; and WHEREAS. these same lands in their current condition do assist the region to achieve its economic goals for eca tourism and the production of food and fiber. and WHEREAS development pressures are becoming evident as land owners face the tough choices of economic survival when current land uses do not enable owners to achieve their personal goals; and WHEREAS, the Babcocf<. Ranch, located in Lee and Chanotte Counties, is the largest single remaining ownership that contains the water and ha,bitat values so important to the region and South Florida's ecological recavery~ and WHEREAS, Lee County will attest that the public acquisition of the Ranch in whole or in ownership of development options will assist the County in achieving its desiraþle economic future, and believes such acquisition will so assist the region as a whole; and WHEREAS, the State of Florîda has land acquisition' programs with diverse missions for which the Babcock Ranch is more than suitable in fulfilling; and WHEREAS, Lee County has a land acquisition program and general governance authority which enables it to partner with the state and other public or private entities with compatible goals and missions; and LEE COUNTY RESOLUTION NO. 03~02-07 A RESOLUTiON OF THE LEE COUNTY BOARD OF COUNTY COMMISSIONERS SUPPORT1NG THE PURCHASE OF THE BABCOCK RANCH woq¡ 2-4-03 -....-. - .--~- ,-..- .--...-. ...--...-........ ..''''-- Œ - -.- .-. -., WHEREA~, In demonstration of this capacity, Lee county is currently parlnering in the very successful Corkscrew Regional Ecosystem Land and Waær Trust, (A State of F\orida Sterling council award recipient), and other similar endeavors. NOW THEREFORE BE iT RESOLVED BY THE LEE COUN1Y BOARD OF COUNTY COMMISSIONERS THAT: 1. The Lee County Board of County Commissioners supports the acquisition of the Babcock Ranch for the many public benefits it currently provides. 2. The Lee County Board of County Commissioners requests the Govemor and Cabinet to support the acquisition of the Babcock Ranch through the various programs that the Governor and Cab10at oversee. 3. The Lee County Board of County Commissioners requests the Govemorto support the acquisition of the Babcock Ranch through the various programs he singularly oversees. 4. The Lee CountY Board of County Commissioners requests The Govemor and Cabinet to promote the acquisition of the Babcock Ranch by other public and private entities with which the Governor and Cabinet have influence, 5, The Lee County Board of County commissioners commits to assist in the acquisition of the Babcock Ranch with the means it is capable of providing. THE LEE COUNTY BOARD OF COUNTY COMMISSIONERS FURTHER RESOLVES: 1. To request that neighbOr1rrg jurisdictions pass s~milar resolutions, 2. To request similar reso1utìons from the appropriate regional entities, 3. To request letters of support from interested private entities. 4. To request letters of support from the County and Regional legislative and congressional delegations, The foregoing Resolution was offered by Commissioner Janes, who moved its adoption. The motion was seconded by Commissioner Coy, and. being put to a vote, tile vote was as falloWs: 2 . --- ------po .....-.-...-.-:0-- -...... .. - - - - ROBERT P. JANES DOUGLAS R, ST. CERNY RAY JUOAH ANDREW W. COY JOHN E, ALBION Aye Aye Aye Aye Aye DULY PASSED AND ADOPTED this 4111 day af Feb11.1al)' 2003, ATTEST: CHARLIE GREEN, CLERK BY:~ /; ~ , Deputy Clerk .....,...."...."\\\, _~'.....~'1\~ (la- 'I.~~ _ ~~\v~\O; ¡ r.J".I"tt~ \ '¡ '¡ :~ ......"JI~I....~"'~·;~,{ ".,',:\ "..~ 'a.," '1'...'\' " ~ ' ;::~',: 'I': ~ ,J ~. ' .' L ~...-::-. ....IV~I /. .- ,'.,," ~t::::I~ ..~...~. ,.:.\ I I.' t, /, ..Q_........,~..,.r. .: 'l '. .. .,' I' ." '.. f ¿r:;~Po.. »'~~'" ~ ..:.~ 'r'Citr'.,A~: .:,'.' (.<~.:;) ,,;;", ,~ "tJ (J"" .j ! C01 ~.' - ~\. " .x-...;:- \\" ,. .,"" .,..""'........... .,---'" BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY FLORIDA By: (\<~ Chairm APPROVED AS TO FORM: By: 3 .---.-' ....---_. .. -. --_.~-~"-- :.;"Babëock Ranch Acquisition Coal1tton' Babcock Ranch Preservation Effort Frequently.Asked Qy.estions Where is tbe Babcòck Ranch? The R~cb. ~ located in Sou~eastern Charlotte and Northeastern Lee Counties. How large is the R:mch, and wbát type..., ofbabitat does it include? . The Ranch cQvers 91 ,~61 acres -- 143 sq'\W'e miles. The Ranch is comprised of cypress dom.es, swamps, and )nesic flatwoods and wet pfairiès ÌJ.') a -block that straddles the Telegraph Swamp. Why is ther~ an effol"t to acquire the Ranch J.auds for tþ.e public domain? ' More than one mi~liol1 ~cres located in corridors anØ- p~cels throughout southern Florida have bceJ1. identified as vital. to the cffoJÌ to re$i;>re the EvergladeS. The largest single patcel is the Babcock Ranch, . aÌ1d it is UIJiqoe be=>se it is the largest oatmal WaæI storage traGt in prlVBte ownendúp sI1d. !!IUCh ofit has bcen managed for decades in a manner that has preserve many of the natural systems within i.ts borders. Its value in 1:cmJ$ of W3!er supply sI1d. stcrage, habitat for native species, sI1d. outdoor recreation opportlJOitics for g.-ratioos of Floridians and visitors to ow: StsI.e =ot be overstaæd. Sì.mply put, the Babcock Ranch lands represent one of thc laSt remaining opport1.mities tha.t exist to preserve a laxge tract of natural resourCðS in Florida. How mnch will it cost to acquire and manage the Ranch lands? We donlt kDow the answer to this question, Babcock Florida, Inc., which owns the Rancb Jands, has not made public an asking price. On Apri122nd, Babcock Florida and the South Florida Water MsnageII1CJ:d: District signed an agreenleD1 (a letter of good faith cooperation) giving the rnstriot 90 days. to conduct property apprnisals. Appraisals will soon take place tbàt will help to deu.;mine the value of the Babcock Ranchlands, A progress report on the appraisal work will be made to the Babcock Ranch Acquisition Coalition at its =t ¡neeting on May 26th. If Babcock Florida, Inc. sI1d. the District a¡¡<ee to draft a secoDd agreemeDt, the properlY will remain off the market another 90 days to allow tbe District to prepare an official offer on the property, Who is working on the acquisition effort? The South Florida Watçr Management Di.strict is the lead State agency working on the acquisition effort. It is joined by the Florida Department of Environmental Protection, the Southwest Florida RegioDSl Planning Council, the Charlotte Hsrbor N ationW. F.stuary F oUIldanon, Lee County, CJ¡,uiotte CoUIrty, the Conservancy of Southwest Florida, the Sanibel Captiva Conservation Fomuiarlon and a bost of oth~ public and private agencies and organizatio11S, as well as many private citizens. This group fanned the Babcock Ranch Acquisition Coalition, and lID.Ofl.1cial organization that met from April tó July of 2004 to regularly to discuss the prog¡:ess of the effort and deterroitte how best to utilize the e¡qJCIIise and resources of all the eutiûcs in!crested in securing and managing the Ranch.1ands for the pubfu: domain. The group decided that it would be best to establish a. new, not-for-pr.ofit eOIporation, and the Babcock Preservation partnership, Inc. was incorporated in early July. W110 can ~ èontact t~ register my opinion about the potential a.cquisition of the Ranch? A list ~f~blie officials is providW. at WWW.SJ!(ÍI1.e..orgIBabc.oekleo!lÚ!..ts. You may write; eaU or eroaü thcse m.diVlduals to share your thoughtS about acquisiti.on of the Babcock Ranch lands. How can Icontribu.te to -the acquisition effort? . A campai,gn to raise m?ncy for the purchase of the Babcock R.a:och l81).ds was launched by the Babcock Preservation Partnership on July 8,2004, This Mid raising campaign is designed to supplement the http://www.5wfrpc.org/BabcocldFAQs.htm 12/13/2004 T-- .. B~b;cck ~ch Acquisition COê.ùition mone)' that can be provided by local, State and Federa! ag<m.eic;s for tho acql>ÌSition. A purchase price for the property has not yet been. deteJ:1lili>ed, but gov=cntal tnOIIies WiU likely only cover the a:¡>pDÛsed ".Jue of the l""d, so pri"ate monics will be needed to make up the djffcrence between the appraised v~~ and th~ a.c¡kIDg price. The SouJhwest Florida Community Foundation has established a special fund, called the Babcock Presenration Partnership Fund, for this effort-. To n>alœ a contribuÍion, please send your cheel>, made payable 10 the Southwest Florida CoIIlU1UDÌty F oundsnon with a note on the memo line stating Babcock Preservation pattf12rship Fund, 10 tho Soutb.west Florida Community pmmd!llion at 8260 CoUego PSJ:k:1.WY, Suite 1 ° I F orÜ'¡yers, FL 33919. All còntriblJ1ÏoIÍS to this fund will be dedt1CÛ.blc to the extent allowed by ·law. . Ilow can I join the Babcock Preservation Partnership? .. For more information aboot the Bab.cock .PTe~a~er:¡ ¡j,¡¡, please contact Liz Donley, ConJ:raCts æ¡d GrantS Manager ar the Chaxlotte Harbor N!llional Estuary Program by phone at (;230) 995-1.777, ext. .234 or via email a.t IdoDtey@swfrpc.oIg~ 12/13/2004 btJ;p:/ /www.swfrpc.otg/ßabcockIFAQs.htm ~_,___"._w_,_·_···"·_ MEMORANDUM DATE: January 11, 2005 TO: Board of County Commissioners FROM: Tom Henning Commissioner, District 3 SUBJECT: Pelican Bay Annexation In reviewing the Pelican Bay Annexation report, r would like to bring to discussion several points included in the report. First, the Naples City Manager, Dr. Robert Lee, in the report, assumes that Collier County will continually operate and maintain the park within the Pelican Bay community. However, Collier County currently does not operate any parks that are located within a municipality; i.e., MackIe Park on Marco Island, In the past, we have turned over the facilities to the proper entity as their own responsibility. .<- Second, as I have provided for you, you will see that the Affluent Water Ordinance provides for the residents in the unincorporated areas of Collier County. With the demand for affluent water by these areas of Collier County and the responsibility of providing it, I am confident we are not interested in providing this service for City of Naples' residents. It is my request that the BCC will discuss and direct the Chair to send a letter to the City of Naples expressing these matters regarding the annexation of Pelican Bay: Collier County will no longer maintain the park, as the City of Naples has their own Parks and Rec Department, nor are we interested in providing the service of affluent water. T om Henning Commissioner, District 3 4 TH:mst attachments ~ ~ ~ OrJ qL /11l ro~ URBAN SERVICES REPORT FOR THE ANNEXATION OF PELICAN BAY OF .,...-r->J._ 11 Prepared by: City of Naples 735 Sth Street South Naples, FL 34102 Telephone: 239-213-1S00 ~_._'-'-'--'.'-""-- URBAN SERVICES REPORT FOR THE ANNEXATION OF PELICAN BAY I. INTRODUCTION Prior to commencing the annexation procedures under Section 171.0413, the governing body of the municipality shall prepare a report as required by Section 171.042 "Prerequisites to Annexationlf setting forth the plans to provide urban services to any area to be annexed. This Urban Services Report is submitted in fulfillment of that statutory requirement. The area to be annexed is adjacent to the City's north border. The following excerpt from the Florida Statutes is provided to assist in compliance, 171.042 Prerequisites to annexation. (1) Prior to commencing the annexation procedures under s. 171.0413, the governing body of the municipality shall prepare a report setting forth the plans to provide urban services to any area to be annexed, and the report shall include the following: (a) A map or maps of the municipality and adjacent territory showing the present and proposed municipal boundaries, the present major trunk water mains and sewer interceptors and outfalls, the proposed extensions of such mains and outfalls, as required in paragraph (c), and the general land use pattern in the area to be annexed. (b) A statement certifying that the area to be annexed meets the criteria in s. 171.043. (c) A statement setting forth the plans of the municipality for extending to the area to be annexed each major municipal service performed within the municipality at the time of annexation. Specifically, such plans shall: , 1. Provide for extending urban services except as otherwise provided herein to the area to be annexed on the date of annexation on substantially the same basis and in the same manner as such services are provided within the rest of the municipality prior to annexation. 2. Provide for the extension of existing municipal water and sewer services into the area to be annexed so that, when such services are provided, property owners in the area to be annexed will be able to secure public water and sewer service according to the policies in effect in such municipality for extending water and sewer lines to individual lots or subdivisions. 3. If extension ofmajc>f-trunk water mains and sewer mains into the area to be annexed is necessary, set forth a proposed timetable for construction of such mains as soon as possible following the effective date of annexation. 4. Set forth the method under which the municipality plans to finance extension of services into the area to be annexed. f1 II. PURPOSE Chapter 171, Florida Statutes, which governs annexation proceedings, requires a city to prepare and file a report to the Collier Board of County Commissioners setting forth the City of Naples plans to provide urban services to areas being annexed. The purpose of this report is to explain the means by which the City of Naples plans to extend municipal services to the area the City proposes to annex. In addition, this report characterizes the area to be annexed thereby verifying its qualification for annexation, The report contains information compiled in conjunction with the City's operating departments and is intended to help them prepare for any extension or expansion of municipal services upon annexation, Information presented herein also allows for evaluation of the fiscal impacts of pursuing annexation of this area. This 2 '"..···-T-----·.. Urban Services Report is not intended as an overview of the City's annexation program; instead, it is a technical document reporting specifically on the provision of municipal services to this particular annexation area. III. AREA PROPOSED FOR ANNEXATION The proposed area for annexation is on the north border of the City of Naples, Florida, and is referred to as "Pelican Bay", It provides a smooth continuation of the current city boundaries along the Gulf of Mexico. Pelican Bay is contiguous to the City and encompasses approximately 2,104 acres. When added to the City's current area of 9,174 acres, the new proposed city area would be 11,278 acres. IV. COMPLIANCE WITH STATUTORY CRITERIA - DISCUSSION A. 171.042 Prerequisites to annexation. (1) (a) A map or maps of the municipality and adjacent territory showing the present and proposed municipal boundaries, the present major trunk water mains and sewer interceptors and outfalls, the proposed extensions of such mains and outfalls, as required in paragraph (c), and the general land use pattern in the area to be annexed. 1. Exhibit 1 indicates the existing and proposed municipal boundaries. The area is primarily located along the north side of Sea gate Blvd. contiguous to the existing City limits by approximately 5,400 linear feet, 2. Exhibits 2, 3, 4, and 5 show the major trunk water mains and sewer interceptor and outfalls for the Pelican .§ay area and the northern section of the City adjacent to the Pelican Bay area. The entire Pelican Bay area Qas water, sewer, and reuse provided by Collier County Utilities. Collier County Utility is a part of Collier County, and is governed by the Collier County Commissioners, 3. Exhibit 6 depicts the existing general land use of the proposed annexation. This information comes from the Collier County Comprehensive Plan. B. 171.042 Prerequisites to annexation. (1) (b) A statement certifying the area to be annexed meets the criteria in Section 171.043. The City of Naples certifies the area to be annexed meets the criteria in Florida Statutes 171.043, 1. The total area is reasonably compact and is contiguous to the municipal boundaries of the City of Naples on this date, No part of the area is included within the boundary of another incorporated municipality. 3 ......"--._--._,--~ - r .-... --------.--.- 2. The total area meets the requirements of being already developed for urban purposes, by having more than two persons for each acre of land in its boundaries. C. 171.042 Prerequisites to annexation. (1) (c) (1) A statement setting forth the plans of the municipality for extending to the area to be annexed each major municipal service performed within the municipality at the time of annexation. The City of Naples intends to extend to the area to be annexed each major municipal service performed within the municipality at the time of annexation. This Urban Services plan provides for extension of urban services to the area to be annexed on the date of annexation, on substantially the same basis and in the same manner as such services are provided within the rest of the municipality prior to the annexation, This does not mean that the City will necessarily be the provider of the service, Rather, that the City would see that the service is provided. State statutes constrain the City from being the actual provider in some circumstances (i.e. service provided by a Special District such as North Naples Fire District - see Chapter 171.093). Listings of major municipal services include: 1. Police Protection. Police Protection is currently provided to Pelican Bay by the Collier County Sheriff's Department. If annexed, the service will be provided by the City of Naples, with ancillary services still provided by Collier County Sheriff, as currently provided within the City now. The City of Naples Police Department has 7-9 sworn officers and 35 civilian support personnel, serviflg 22,500 fulltime residents and 14 square miles. f1 To fully serve Pelican Bay, the Police Department will need an additional six sworn patrol officers, which will create one separate (24-7) patrol district and provide one community-oriented police officer (COP). The Police Department should also add one Community Service Aide, a Traffic Control Officer, and a Beach Patrol Officer to provide the expected level of service. This results .in a total addition of seven (7) officers and two (2) civilians. The tax revenue generated by the property in the area to be annexed will pay for the additional police services, except for the beach patrol costs, which will be paid from the Beach Fund. First year annual operating costs (excluding Beach Patrol) are expected to be $488,000, with start up costs of $144,300. 4 J . ...-.-- . Five Police Officers One COP · One Community Services Aide One Beach Patrol Officer One Traffic Officer . · · 2. Fire Protection Fire protection is currently provided by North Naples Fire District, operating a two-truck station located on land leased through Collier County , North Naples Fire District (NNFD) provides a level of service to Pelican Bay, which is acceptable to the area, and is within the ISO standard considered acceptable by the City, North Naples has an ISO rating of 4, compared to the city's more favorable rating of 2, with the difference in rating primarily due to outer areas of the County that do not have fire hydrants. Note that Pelican Bay is fully served with hydrants. State law Chapter 171.093 protects the boundaries of the North Naples Fire District for four years after the City provides notice of intent to provide fire services, if we choose to do so. There are four options available to the city to provide the fire services, 1. During the 4-year period, the City could pay the district an amount equal to the ad valorem taxes that would have been collected had the property remained in the district, with the District continuing to provide the service. After four years, the City takes over the service completely, including providing its own station. .' ~.f'., 2. The City could enter into an interlocal agreement with the District, f1 enabling the District to continue to provide services for a fee. 3. The City and the District could share staffing at the station(s). 4. North Naples Fire District could retain its boundaries within Pelican Bay, such that Pelican Bay continues to pay the 1 mill of the District, and pay the City tax rate of 1.16 mill, or as negotiated. Preliminary conversations with North Naples Fire District indicate that the interlocal agreement that would be satisfactory to them would be one that has the District keep its boundaries extended through Pelican Bay (option 4) or a similar based fee (option 2). Because the City is able to provide its high standard of service at about half the rate currently charged by NNFD, even with constructing a fire station, we were unable to recommend such an agreement. Therefore, the City will plan to provide a fully staffed fire station. 5 , ,- ",-- r- m_'m_ 'm_____'_ Although funding the North Naples Fire District at their current rate of 1.0 mills for the first four years results in a net loss for the city, the city can provide a full service fully equipped fire station in year 5 significantly less expensively than North Naples does, resulting in a long-term savings to Pelican Bay and the City. Funding for the construction of the station would come from increased revenues in the Utility Tax Fund. Therefore, the financial summary assumes the first option, as further described above, Note: An interlocal agreement with the Fire District is still possible if the cost of service is competitive with the City's cost. 3. Parks and Recreation. The area to be annexed consists primarily of residential developments, serving a seasonal population of approximately 14,000. There are two public parks in the annexed area. Clam Pass Beach Park, a regional park, is currently operated by, and could continue to be operated by Collier County. Pelican Bay County Park is a tennis and soccer field complex located on the north end of Pelican Bay. As a community park, it too, could continue to be operated by Collier County. Pelican Bay has several private recreational facilities in the annexation area, including tennis courts, canoes, nature trail, boardwalks, a community center and passive parks. These are managed by the Pelican Bay Foundation, and will continue to be managed and maintained by the Foundation, through the annual assessmeo.tand/or user fees. Because all the recreation needs are met and will continue to be met by the current service providers, the City does not plan to extend any additional recreational services to this area, 4. Solid Waste. Residential Solid Waste (including recycling and horticultural material) will continue to be collected by Waste Management until September 30, 2006, due to the existing contract and state law. Currently, Pelican Bay residents pay their residential solid waste fees via a non-ad valorem assessment on their tax bill. If annexation occurs the City of Naples intends to use its own staffing to provide residential solid waste collection. The city bills each customer for residential service on a bi- monthly basis. To provide services to Pelican Bay, the city will need to add 5 vehicles (one rear loader, one front end loader, and three satellite 6 ~~.~. ,~.- -.-.... " collection vehicles), and 5 employees to provide this service. Additional equipment will include 230 new dumpsters, 2,200 recycling carts, and 1,600 recycling bins. It is estimated the initial capital costs for the items listed above to provide this service to be $666,700. The fees to cover routine operational costs are recovered through annual fees of $209.70 for single-family residents (569) and $184.24 per each multi-family unit for can service. Multi-family property owners, using dumpster service, will be charged the same as Commercial Rates based on dumpster size and frequency plus $40.20 annually for each residential unit for horticultural Collection and Disposal. Included in the above rates are tipping fees paid to Collier County, vehicle fuel and maintenance, uniforms and other minor operating expenses. Commercial Solid Waste will be handled on an individual, contract basis. Existing businesses will be able to finish out contracts before switching to the city's solid waste service. Rates for commercial customers will be based on dumpster sizes and frequency of collections per week. 5. Community Development - Building Inspections and Permitting The City could perform all building inspection functions. There are some commercial developments planned, but residential construction will be minor, as the annexation area is nearly built-out. Over the past few years, there was an average of about 458 permits issued per year. It is possible that the current staff can perform the function. However, the building permit fees wil .,.~cover the cost of any building inspector services that may be needed in the future. An interlocal agreement with Collier County and North Naples Fire District will need to address construction projects still in progress, to clarify which agency will issue certificates of occupancy. Community Development - Planning The Community Development/Planning Division could provide all land management related issues and planning services, to the annexation area, Due to the size of the area, the Planning Division will require a part-time planning position to be upgraded to full-time within one year of annexation. The position will be needed to enable the City to incorporate the project in the comprehensive plan, process planned development such as zoning or land use designations, address on-going neighborhood planning issues, and oversee the anticipated reallocation and build-out of 7 ^",....--.-.-- I . - the commercial parcels. The added cost, with benefits and operating costs, is $29,000. Community Development - Code Enforcement The services required of the Community Development/Code Enforcement Division will be minimal. Pelican Bay is a deed-restricted communityl with restrictions greater than the general land areas of Naples. Violations will first be found and pursued by the Pelican Bay Foundation, in accordance with the property deeds. 6. Community Services/ Parks and Parkways Community Services/ Parks and Parkways could provide the maintenance of the medians, parkways and public rights of ways in Pelican Bay. In additionl the City could take over the bay monitoring and the contractual management of tree trimming and maintenance. Fiowers, tree replacementsl and mulch costs would be part of the City's responsibility. In the annexed areal services could be provided by a combination of in- house staff and outsourcing services. The City will need 14 additional employees to serve this areal and, with contracted services, the estimated cost will be $1,647/000 to provide landscape and maintenance services. 7. Streets, Lighting, Signage and Stormwater The Pelican Bay area is currently well served by storm drainage and retention areas. The lakes and swales wilJ"be maintained on the routine schedule by the Parks af'Id Parkways divisionl like other city lakes. This is built into the above calculations for parks and parkways. The City has two streetsweepers that sweep the main collector streets of the City 1 time per weekl and all other streets 1-1/2 times per month. The City will provide this current level of service in Pelican BaYI which is similar to the current level of service. Street sweeping will be paid from the stormwater utility, and will cost approximately $120,000. The area is fully built out for streetsl and the streets are in good condition. Routine maintenance and repairs will be managed by Public Works. There are no overlay or major repairs pending. Street lighting is provided by FPL and funded by the Pelican Bay MSTBU. The electricity payment will be paid by the City. These costs will be paid from the Streets fund. With striping and regular sign replacement, the impact to the Street fund would be an increase of $48/000 in expensesl not fully offset by a $30,000 increase in sales tax revenue. 8 -~_....._-~ .------- -.'--.---,-- --- ---- --- 8. Water, Sewer, and Reuse Water Water, Sewer, and Reuse water are currently being provided by Collier County Utilities (CCU) Department. It is anticipated those utility services would continue to be provided by CCU. 9. General Administration To ensure top level service to the annexed area, the city proposed to add one Administrative Specialist/Receptionist to the City Manager's office. The addition of the solid waste customers will require one more Customer Service Representative in Finance (Customer Service), plus additional operating expenses in Human Resources due to the new employees. Overall, these would cost an additional $90,700. D. 171.042 Prerequisites to annexation. (1) (c) (2) Provide for the extension of existing municipal water and sewer services into the area to be annexed so that, when such services are provided, property owners in the area to be annexed will be able to secure public water and sewer service according to the policies in effect in such municipality for extending water and sewer lines to individual lots or subdivisions. Pelican Bay currently has water, effluent and sewer service provided by Coilier County Utilities (CCU). If annexation does occur, an inter/ocal agreement providing for CCU to continue to provide these services to Pelican Bay would be appropriate, .'...;J.~,. . E. 171.0~ Prerequisites to annexation. (1) (c) (3) If extension of major trunk water mains and sewer mains into the area to be annexed is necessary, set forth a proposed timetable for construction of such mains as soon as possible following the effective date of annexation. It is recommended that Collier County Utilities continue to serve the water, sewer and reuse lines as they are now. F. 171.042 Prerequisites to annexation. (1) (c) (4) Set forth the method under which the municipality plans to finance extension of services into the area to be annexed. The method of funding any required service to this newly annexed area will not differ from the methods used to fund similar service arrangements within the existing incorporated area. Funding sources for this area will remain the same as they are in the current City budget structure. Specifically, certain services such as police protection, fire service, public landscaping and planning will continue to be funded through the General Fund. 9 The City could also adopt a special taxing district to provide supplemental layers of service as requested by Pelican Bay. Specifically for the maintenance of the mangroves and beach renourishment, a small tax could be collected. Any special taxing district would be based on the needs and requests of the people of Pelican Bay, Stormwater and Solid Waste service will be funded via user fees. See the attached schedules for detailed revenue and cost details. 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'" U> n 1<' ,.., ,;:¡ :g;¡ :r E '" 0 :~ '" " ;Q. " '" <;; Ui :0 .:;¡ <: :n ~' ... ~~ tD r>1 ::¡ ~ :0 " ;::::1 '::...1 :0. ~ê :£. 'n '0 :~ !~ :II m D c::: m (/) -1 (/) ." o :II :II m c (/) m ~ -1 m :II (/) o c :r (/) CD ~ ., CD > ; .. . ----. <'I Z ....., -.----- EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING A POLICY GOVERNING THE SALE OF _ RECLAIMED WATER TO THE UNINCORPORA TED AREA OF COLLIER COUNTY OBJECTIVE: Request the Board of County Commissioners of Col1ier County, Florida, as the governing body of ColIier County and as ex-officio the Governing Board of the CoJ]Ïer County Water-Sewer District to approve a Resolution establishing a recJaimed water policy to selJ reclaimed and other supplcmenta] water exclusively to customers Jocated both in the District and in then unincOIþOrated areas of the County, with the. possib1c exception of surplus. reclaimed water and surplus suppJemental water. CONSIDERA TrONS: The purpose of this policy is to ensure that customers in the unincorporated areas of the Collier County Warer,Sewcr Djstrict ("the District") shall have exclusive Driority of service and use for rec]aimc:d and other supplemental water resoIJrces for irrigation ~ndsjmila.r purposes. This valuab1c commodity must be conserved and available for the first priority use of the District's prim:u-y customer base. The policy further contemplates that it be at the County's sok discretion to sel] any excess (surplus) reclaimed or surplus suppJementa] water to areas within the District that arc then not w:ithin the uninf"oxporated area. of the County. This policy shall not affect any of the District's now existing sf:parate written agreements to serve either such water se.rvice until the respective written service agreement is her~after renewed or extended. Most, if not ail, of these separate agreements ·apply to goif course communities. ¡1Iíi¡":: W· RecJaim~d water and supp]emental water arc MId by the District at II cost to ·thc Dîstrid's customers as a sÌgt'1ificantly lower cost alternative rhan the District's sales of potable water. The user rates for reclaime.d water range from $.27 ro $.67 per thou~and g~llons depending 011 the type of service provided to the District's reclaimed water customers. Potable water is provided to customers of the District based on an inverted rate scheduJe that increases the rate per thousand gallons used based on the volume of consumption, As of October 1, 2003, the I'\pproved r.:lte for potable wa.ter customers served by a 5/8" or á'3/4" m~tc, and Qonsumpliou ur 5,000 or fewer gallons per month is $f48 per thousand gallons. Alternatively, the. cost for a 5/8" and a 3/4"meter raßges by blocks up to a maximum of greater than 50,000 gallons per month at $4.90 per thous:wd gallons (See attached Exhibit A). FISCAL lMPAC1:: Then; is nO fiscal impact to the customers of the unincorporated area of the Co1lier County WaternScwcr District rolative to the adoption uf lhis Resolution.' . GRowtH MANAGE1\.IENT IMPACT; Then;: is no impact to the Growth Management Plan related to this Executive Summ'a.ry. ;RECOMMENDA TION; That the Board of County Commissioners as the governing body of Colli::r County and as cx-offioio the Governing Board of the Collier County Water-Sewer District, by .a.pprova1 bf this Executi ve Summary: ..,j. AGI:/jDJ, nEI'! NO, /6 ~ '7 JAN 1 3 2004 PG, I I - - é-' á.). .',-.. ..._-_..-......'.._~. 1. Adopt the attached ResoJution on reclaimed water policy for the provision of reclaimed and supplemental wattr service; a.nd 2. Authorize the Chairman to sign the attached Resolution. ?~ß/)JD PREPARED BY: Thomas G. Wides, Operations Director, Public Utilities Division DATE: REVIEWED BY: Ann Marie Saylor, Operations Aoalyst, Public: Utilities DivÎsion DATE: REVIEWED BY: /t4:I ~ DATE: Ro6ert Casey, Reuse Co rdinator, Wastewater , Department, Public UtiJities Division REYIEWED BY: Jo he eatb.a.m, Wastewater Director, Pub 'c UtiJities Division DATE: APPROVED B\': James W. DeLony, P.E., Administrator Public UtUities Division DATE: / /()7(O~ ) 1/7/DII I J - '7 - 04 AG£I/DA ITEM f0. J ~ (! 1 JAN 1 3 2004 PG. ....2... 1'-- - EXHiBIT "A" CollI~r County W:otm"~<:"w..r nistrict Wat!lrM'::!sfewaær Rate Study Updale Wafer Sys!em - WATER SERVICE AVAILA8Il11Y CHARGES (Residential, MU!ll-FamIlY, commercial, and IrrIgation Only) RATE SUMMARY EffeCIIV[! October 1. 20D3 EffectivE! OdDber 1, 2004 Meter Size 518" 314" '" 1,'/4" 1-1/2" '" 3" 4" S" 3" 10" 12'1 $ 12.30 $ 12.60 $ 12,,30 $ 12.60 $ 27.10 $ 27.80 $ 34.40 $ :35.20 $ 51.70 $ 53,00 $ 81.20 $ SJ.:2!J $ 150.1 0 $ 153.80 S 24B.50 $ 2S·UO $ 494.50 $ 50S.BO ~ 7a!).70 $ 809.00 $ 1,429.30 $ 1,464.20 .$ 1,93!!.5D $ 1,977.eO VOLUME CHARGE PER 1,000 GALLONS (RGsJdential. Mum-Family, Commercial, and Jrrigation Only) Block 1 .$ 1.48 ; 1.1;4 $ 2.10 $ 2.20 .$ 2.70 $ 2.90 $ 3.40 $ 3.70 .$ 4.10 $ 4.50 .$ 4,90 .$ 5.50 BIDCk 2 Block :3 Slock 4 "~.IOCk 5 Block 6 BLOCI< RATE STRUCtURE (Rccidentiaf. Multl-Famify, commcrcjal, ¡¡nd IrrIgation Onlyl Con'.lUlfJpllon' Block. Up To Or Noxt ",""., , Block 1 Block 2 Black 3 Bleck .. BloCk 5 Srock 6 MGtar ~ 5/S" fI' 5.00a 10,Oao 20,000 30,000 SO,DOO Over 50,ODD 314" 5,000 10,000 20,000 J 0 ,aDo 60,000 OV¡¡r 50,000 1" 12,000 25,DDD 50,000 75,000 1:':0,DOO Over 120,000 1,1/4" 20,000 40,000 SO,OOD . 120,000 200,000 OVlilr 200,000 1-112" 2,/j,OOO 5C,OCO 100,000 150,000 250,000 Over 250,000 z" 40,000 BO,OOO 1 SO,OOO 240,000 400,DOO Over 400,000 3" SO,OOO 100,000 ~.1:0,000 480,000 $00,000 Over 800,000 4.1 120,OGO 250.000 500,DD( aOD,OOO 1,200,000 Over 1,':100,000 S" 250,000 5110,000 1,000,000 1,500,Oml 2,5lI0,OOQ Over 2,SOO,OOO 8M 450,000 90D,OoO 1.800,000 2,700,OOD 4,500,000 OVor 4,500,000 10" 700.000 1.<i~tI,MO 2,900,000 4,:lOD,000 7,000,000 Over 7,000,000 ,;¡;" 1,075.000 2,150,000 4,300,ODO 6,450,000 11,000,000 Over 11,OOO,COQ (~) Proposed rate& to become effective with $ervJcl; rer¡dered on ilnd Eltler October 1!Jt of each f"rG~1 y¡¡¡~r Indicated. ~> AGENDA IT~ NO. /¡,,~ JAN f 3 2004 PG , ..3!. .'>--.-- RESOLUTION NO. 2004 - _03_ A RESOLUTION OF THE OOARD OF COUNTY COM;\,nSSTONERS 01. COLLIER COUNTY, FLORIDA, TO ADOI)1" A pouey GOVEnNJNG SALE 01' IttCJ.AIMlJ:D WATrm ONL y TO UNINCORJ>ORATED AREAS WJTHIN COLLIER COUNTY WHEREAS, the Colli.::r County Water-Sewer DiS1'l;ct desires to ¡¡dopt 0 reclaimed wllter policy to seH n:claimed and other supplement:!1 w.lJter exclusively to clIstomen' in the L1nincorpOraled areas of Collier COllnty 10 protect al1d obtnin the best lJsage of this limited resource; and WHEREAS, the Collier County Comprehensive Plan mandates dun] Wllter services for nil new dcvelopmenl<; and the Florida Department of Environ mento I Protection mandates that eDch wastewater utility shall have ;:¡ disposaJ of reuse progr;:¡m based on the number of customers seIVed by the utility. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMM1SSIONERS OF COLLIER COUNfY, FLORIDA, that: The Collier County Watc:r.Sewer District (District) shaH provide rec¡aim~d and/or supplemental w:!t~r service only pursuant to sepnratc written agreement ;:¡pplkl.\blc to c3eh respective cle::JI'ly deFined and dC.,clibcd reclaimed and Other supplemental WIlier sl:l"',/icc area located wilhin the !.hen ex.isting boundaries of the District, and no such agreement stud! authorize or allow the DistJ1ct 10 supply reclaimed water or st.lpplc.mcntal watel' to any !l1'C1I then situatc within the geographic boul1dalics of a munieip;:¡lity. Also, each such agree men! entercd into, renewed or extended by the District after the effective date of this Resolution shal1 Ínc:lud", the, following provision: "In tho event that al1 or any part of the land area to be servcd with reeJaim~d water pursuant to this agreement is 3rlt1e:>ted into a municipal corporation, either party to this agreement shaH have the absolute right, without any Jiabi lity whMsœver to the other pany or to ¡¡ny other individual¡¡ or entities, to terminate this reclaimed and otl,er supplemental water service to the ,'Ire¡¡ annexed into the municipality by giving the: other pArty to the agreement not. Icss th¡¡n ninety (90) d;,¡ys and no more than three hundred ¡¡nd sixty-five (365) dnys adv:.mcc wlittcn notke of the tcrmin.lting P¡¡11y's decision to termin¡¡te this reclaimed and other supplemental water service to the geographic area ¡mnexed into a munic:ipaJity." Should an excess amount of reclnimcd or other suppJcmental W;¡ter, or both, become avnîlablc to the DiStrict in the future whereby thefe then exists no viablc demand for such surplus reclaimed Or surplus other supplement:!.! water. or both, anywhere in the then unincorporated area of ColHer County, the District wi!! consider the possibility of selling only such surplus æclaimed nnc! surplus other 5upplcmental water to service :!Teas that are situ;:¡re outside t' n:Jhen existing uninc;orpol at",ù u''''a ur the County_ I.'-d 11,¡s Resolution P.; ac!opted aftel' motion, second and majority vote r.woring adoption this 22 duy of January 2004. ArrEST Dwight. ß. Brock, Clerk TJOARD OF COUNTY COMMISSIUNER~ COLLIER COUNTY, FLORJDA. EX-OFFJCra THE GO~ERN G BOA .D OF THE COLLIER COUNTY W "R-SE~ R DISTRICT -- /~ .. B . ØrL_' ,-.--,.-"'-...-.." y, () I_._~ ,Ch ìÍnan ::'I3'~~~,~/ü~---?~~/ . (Deputy CJerk . / Ath¡i '~\:;.1:;,> C~~f~\1I1/ .rf-:r ,- ~ f \",/1,' hw:. nt, I,~ . ;. Aþproved as to form/.lnd legal svfficiençy: ::·By:..,~.~ Thomäs C, PaJmer, Assíi;\f.ant County Attorney 11\ :\\H"d s\ H~r 1-]0 \'!a\S\Ì',I~~9'ld S1\lr~~(1'.\~:·{¡b'J .u..\'!¡\'~- ~~. r-' Agenda Item No. 10A January 11, 2005 Page 1 of 2 /".-..., exECUTIVE SUMMARY Recommendation To Conftnn The Appointment Of Ms. Marla Ramsey To The Position Of Public Services Division Administrator OBJECTIVE: To obtain Board confirmation of the appointment of Ms. Marla Ramsey to the Public Services Division Administrator position. . . CONSlDERA TION5: Ordinance 93-72 as amended, requires that the Board confirm the County Manager's appointment of Division Administrators, Marla Ramsey has been recommended for the Public Services Division Administrator position beginning on '. December 25, 2004. This position supervises the following departments: Domestic Animal Services', Health, Human Services, Library, Museum, Parks and Recreation. University Extension Services and Veteran Services. This Division's annual operating budget is approximately $36M and its annual Capital budget is approximately $21M. The Division also employs 406 dedicated men and women. FISCAL IMPACT: Marla Ramsey will earn an annual salary of $95,000.00. Funds are appropriated in the Public Services Division budget. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this item. - RECOMMENDATION: That the Board of County Commissioners endorse and confirm the appointment of Marla Ramsey to the position of Public Services Division Administrator, PREPARED BY: Date:_12128/2004 Teri Wides, Career Development and Training Manager Human Resources Department _.. Agenda Item NO.1 OA January 11, 2005 Page2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 10A Meeting Date Recommendation to confirm the appointment of Ms. Marla Ramsey to the position of Public Services Division Administrator. (Jim Mudd, County Manager) 1/11/20059:00:00 AM Prepared By Date Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager 12/21/20044:47:54 PM County Manager's Office Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12129120048:11 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 114/20054:14 PM EXECUTIVE SUMMARY Agenda Item NO.1 08 January 11, 2005 Page 1 of 36 -- Recommendation to approve Contract Amendment No.1, Exhibit E, for a Guaranteed Maximum Price (GMP) of up to $16,600,000 under Contract No. 04-3576, Construction Manager at Risk Services for Courthouse Annex and Parking Garage, with Kraft Construction Company, Inc. for the construction of the Courthouse Annex Parking Deck, project 52010 and to approve the necessary budget amendments. OBJECTIVE: To approve a contract amendment for a GMP of up to $16,600,000 under Contract No. 04-3576, Construction Manager at Risk Services for Courthouse Annex and Parking Garage, with Kraft Construction Company, Inc., for the construction of the Courthouse Annex Parking Deck. CONSIDERATIONS: On June 26, 2001 (agenda item 16.£.5) the Board approved the award of contract #00-3173, Design of the Courthouse Annex to Spillis Candela DMJM, On September 18, 2003, the Board of County Commissioners approved the FY 2004 budget of $900,000 for the design of the Annex Parking Garage. On September 23, 2003 (agenda item 16.E.8) the Board approved design contract amendment #2 in the amount of $757,110 to design a parking garage for the courthouse annex with approximately 1,130 spaces. ,- On March 9,2004 (agenda item 16.E.7) the Board approved Contract #04-3576, Construction Manager at Risk Services for Courthouse Annex and Parking Garage, with Kraft Construction Company, Inc. (Kraft) with a Pre-construction Phase Fee of $115,000 (split equally between the Courthouse Annex and the Parking Garage). The Parking Garage will be six floors and will accommodate approximately 1,130 parking spaces. The contract requires that all materials, services and subcontracts be awarded to the lowest qualified, responsive vendor based on competition guidelines that vary by the estimated price of the item. Collier County's actual price to be paid for the work will be the actual cost of all work subcontracts, supply contracts, direct labor costs, direct supervision costs, and direct job costs plus the Construction Manager's fees, or the GMP, whichever is less when the work has been completed. On September 23, 2004, the Board of County Commissioners approved the FY 2005 budget of $13,000,000 for the construction of the Annex Parking Garage and this project was going to be financed with Bond Proceeds of a like amount. On December 14, 2004 (agenda item 1O.A) the Board approved sales tax revenue bonds to finance five specific capital projects. One of those projects is the Courthouse Annex Parking Garage with $18,232,000 in bond proceeds based on a project estimate of $19,131,783. On December 17, 2004, Kraft submitted a GMP of $16,539,777, based on 100% construction drawings, for the construction of the Courthouse Annex Parking Garage. This amount was reviewed by the consultant and found to be fuir and reasonable (see Spillis & Candela letter dated November 23, 2004). The GMP was formulated by Kraft through the solicitation of price quotations from at least three subcontractors from each 1rade. The quotes were then thoroughly reviewed by Kraft and the design professional to ensure they matched specifications. The proposed contract amendment to incorporate the GMP with Kraft will be based on final negotiations at approximately these costs: ~ Direct / Indirect Costs Contingency Construction Phase Fee Construction Phase Overhead and Profit TOTAL Construction $14,514,723 $721,437 $516,009 $787.608 $16,539,777 Agenda Item No. 108 January 11 , 2005 Page 2 of 36 Kraft has initiated the solicitation of bids for the materials and subcontracts. The bids for the pre-cast concrete components, accounting for over 40% of the construction estimate, are due on January 7, 2005. These figures along with continued discussion of the 'contingency' line item are the primary remaining negotiation items. Staff will provide the negotiated, actual guaranteed maximum price amount to the Board at the January 11th meeting. Approval of the Site Development Plan for the Courthouse Annex Parking Garage is expected early in . 2005 which,' win allow for site work to begin. It is anticipated that the building permit could take four months to obtain and construction is expected to last about one year once building permits are secured. FISCAL IMP ACT: A budget amendment in the amount of $4,500,000 is required to allow for the execution of the $16,600,000 contract amendment with Kraft. The source of funds initially will be bond proceeds, however, the bond will be repaid by funds from the General Governmental Facilities Impact Fees. An allowance of $2,593,000 is needed to fund design fees, impact fees, pennit fees, builder's risk insurance etc. A cost breakdown for this project is as follows: Construction $16,600,000 Design / Pennit / Impact Fees $1,472,000 Other costs $210,000 Contingency $849.783 TOTAL Project Costs $19,131,783 GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan and the Government Complex Projected Space Plan. RECOMMENDATIONS: That the Board of County Commissioners 1) approve conclusion of negotiations ofa Contract Amendment for a Guaranteed Maximum Price (GMP) up to $16,600,000 under Contract No. 04-3576, Construction Manager at Risk Services for Courthouse Annex and Parking Garage, with Kraft for the construction of the Courthouse Annex Parking Deck, project 52010, 2) authorize the Chairman to execute a contract amendment with Kraft, after review by the County Attorney's Office, in an amount not to exceed $16,600,000 and 3) approve a Budget Amendment in the amount of $4,500,000. PREPARED BY: Ron Hovel), P .E., Principal Project Manager .- A¡]enda Item No.1 08 January 11, 2005 Page 3 of 36 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary lOB Meeting Date Recommendation to approve Contract Amendrrrent No.1, Exhibit E. for a Guaranteed Maximum Price iGMP) of up to $16.600.000 under Contract No 04-3576, COllstruction Manager at Risk Serll'lces for Courthouse Annex and Parking Garage, with Kraft Constructíon Company, Inc. for the construction of the Courthouse Annex Parking DecK project 52010 and to approve the necessary budget amendments (Len Price, Administrator, Administrative Services:) 1/11/2005900:00 AM Prepered By Date Ron Hovel! Principal PrQject Manager ·12121120044:47:54 PM Admil,ist,.ative Services. Facilities Management Approved By Skìp Camp. C.F,M. Facilities Management Director Date, Adminis.trative Services Facilities. Management 12121/20044:52 PM Approved By Unda Jackson Contracts Agent Pate Administrative Services Purchasing 12/22120041:27 PM Approved By Kelsey Ward Senior Purchas.ing and Contracts Agent Date Administrative Services Purchasing 1212812004 10:45 AM Approved By Jeffrey A- Walker, CPCU, ARM Risk Management Director V'o:Ite Administrative Services Risk Management 12128120041·t:17 AM Approved By OMS Coordinator Administrative Assistant Date County Marluger's Office Office of Management & Budget 12/29/2004 8:21 AM Approved By Mark Isackson Budget Analyst Date County Managel"s Office Office of Management & Budget 11412005 8:53 AM Approved By Susan Usher Senior Management/Budget Ana!yst Date County Manager'$. Office Office of Management &. Budget 11412005 2:38 PM Approved By Mìchael Smykowskì Management & Budget Director Date County Manager's Office Office of Management & Budget 1/4120054:02 PM Approved By James V. Mudd County Manager Date Beard of County Commíssioner5 County Mana.ger's Office 1/4120055:04 PM ( )L()(Jj OOC'? ..-0_ .N 0 o --q- Z;::(I) E>.01 (I)....ro ~roa.. -::¡ roc:: 'Oro c: ...., (I) 01 ~ o "I- o N II) "C I: CO - ..... I II) f o o !E- N Q) fI) CO .I: 0.. >< Q) I: I: <C Q) fI) ::s o .I: 1:: ::s o (.) Ø') N o N II) ....:;. ~ I "l- f o o ¡¡: -Q) "I-C) Q) l! fI) CO .!e> 0..C) >< .5 !~ '¡o.. Q) >< en Q) ::s I: ~,¡ 1:: Q) ::s en o ::s (.) 0 (11').1: (11')1:: II) ::s N 0 11)(.) . .gg . .'f cÞ ., N , . :' , .... cÞ cÞ N .... o >- u.. o I g I:,,~N an o o N ;g >- u.. .. o .~ è ~ o ~O ON t: ..- ... ã 8 ~ ã ~ ã ... 5 '! ã "u~I" ~ ã ... ... ã : ~ ã ~ ã ";,0'<", '! .. il" ~ ã !: ã . 5 ~ ã ~ ã ". . . , : . ..' , : ".. ... ... ã . ... .g,.,..... ~ ã ~ ã ... ... ã .. CI) o () I- Z W > W I :.. cu i 'E f ~ .. U lIS A.W ......,. C c .2':¥ III .. U lIS OA. . . '" 00 I:) Ñ '" '" £i GI ..,. C III .2 :ã UW :s.,. ... c ¡~ o III UA. I:) I:) .... 0; '" '" iii ... .,. . .., I·· .. '" 00 ....- ... 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N C 0 1ft 0.2 UIL. .. " CD Ø) It) ...: an .... t .,. III ... o ... U GI ..... e A. Agenda Item NO.1 OB January 11, 2005 Page 5 of 36 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Courthouse Annex Parkina Garaae PROJECT #: 52010 BID/RFP #: 04-3576 MOD #: Amendment #1 AMOUNT OF THIS CHANGE $16.539.700.00* PO #: 4500025868 (4500025867 Courthouse Annex) Work Order #: n/a CONTRACT AMOUNT: ORIGINAL $115.000.00 CURRENT $16.654.700.00* (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $115,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) . Date of Last BCC Approval March 9. 2004 Agenda Item # 16.E.7 Cumulative Dollar Value of Change Orders to this ContractlWork Order: $16.539.700.00* Percentage of the change over/under current contract amount 579 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4 CURRENT COMPLETION DATE (S):ORIGINAL: to be established with GMP CURRENT: ???? rKRAFTl SUMMARY OF PROPOSED CHANGE (S): This amendment establishes the Guaranteed Maximum Price (GMP) for the Courthouse Annex Parkina Garaae alona with a time to complete the work. JUSTIFICATION FOR CHANGE (S): This amendment was contemplated as part of the contract. A similar amendment will be processed for the Courthouse Annex GMP. PARTIES CONTACTED REGARDING THE CHANGE: Peter Havden. Jack Croanale. Skip Camp. Bonnie Zinno Linda Jackson. Bob Carsello. Joe Pressler IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A) L Proposed change is consistent with the scope of the existing agreement L Proposed change is in fact an addition or deletion to the existing scope L Change is being implemented in a manner consistent with the existing agreement L The appropriate parties have been consulted regarding the change L Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: DISAPPROVE: x Date: Date: COMMENTS: This will be Amendment #1 to this contract and no chanaes have been issued. * The $16.539.700 fiaure is onlv an estimate at this point and subiect to final neaotiations. Revised 9/14/04 .'1' EXHIBIT E Agenda Item NO.1 08 January 11, 2005 Page 6 of 36 AMENDMENT NO, 1 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Articles 7 and 8 of the Agreement. dated March 9. 2004 between The Board of County Commission<:rs ofCoUicr County, Florida, a political subdivision of the State of Florida ("Owner") and Kraft CODItnlc:tIOU Como.nv, Ine. ("Construction Manager"), for management and construction of the Courthouse Annex and Parking Garage ("Project"), the Owner and Construction Manager hereby establish the Constructions Manager's fee, Cost of the Project, Guaranteed Maximum Price and Conttact Time for the Work as set forth below: 1. CONSTRUCTION MANAGER'S FEE The Construction Manager's fee. as defined in Article 8,1.2 of the Agreement, for work or services performed during the Construction Phase for the Parking Garage only shall be 5516,009.00. The Construction Phase Fee for the Parking Garage only shall be invoiced and paid in Eleven (11) monthly payments of 543,000,00 each and one final monthly payment of 543,009.00. The first monthly Application for Payment Shall be submitted no earlier than thirty days following the issuance of the first Construction Authorization by Owner's Representative and the final Application for "Payment shall be paid only when construction of the project is finally completed and occupancy of the Project accepted by the Owner. Tbe Overbead and Profit for the Parking Garage only for the Construction Phase, IS defined in Article 8.1,3 of the Agreement, shaD be S787,608.00. This Overhead and Profit for the Parking Garage only sha1l be invoiced as defined In Article 8.1.3. 2. COST OF THE PROJECT The total Cost of the Courtbouse Parldng Garage Project only as defined in Article 9 of this Agreement is 515.236.083.00. 3. GUARANTEED MAXIMUM Construction Manager's Guaranteed Maximum Price for the Courthouse Parking Garage Work only, including the Construction Manager's Fee, O&P for the Construction Phase, and Cost of the Project is 516,539.700,00. This Price is for the performance of the Work in accordance with the Contract Documents listed and attached to this Amendment and marked Attachments I through 6. as follows: Attachment Number Description Pages Dated 1 thru 4 12-14-04 1 thru 4 12-14-04 II. GMP Proposal letter with Cost Breakdown for the Parking Garage 1 b. Drawings, Specifications, Addenda and General, Supplementary and other Conditions of the Contract On which the Guaranteed Maximum Price is based. 2. Allowance items 1 thru 1 12-14-04 3. Assumptions and clarifications made in preparing the Guaranteed Maximum Price. Ithru3 12-14-04 4, Complction schedule Ithrul j 2-1 4-04 Ithrul 12-14-04 o thru 0 N.A. I thru 1 12-14-04 1 thru 3 12-]4-04 5, Altemate prices 6. Unit Prices 7. Revisions to the Contract 8. Completed Exhibits G, H & I 4, CONTRACT TIME The total period of time beginning with the Construction Phase Commencement Date to the date of Substantial Completion of the Work is 365 calendar days ("Contract Time"). * Commencement date can not be issued witbout the BnUding Permit ready to be issued. IS Agenda Item No, 10B January 11, 2005 Page 7 of 36 CONSTRUCTION MANAGER Attest: i>" By ~i¡./-·1,/ <; , i -' i,V:! , f <,"/f ,/;.-.v Corporate Secretary As Witnessed: By '-'-<"'" (Corpo~ Seal) !?' .~. <"J:' ""-.,-,,.,~;,,-,.,." OWNER /' ~ '.',^ ATTEST: DWIGHT W. BROC~ CLERK FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, By By DEPUTY CLERK CHAIRMAN COMMISSIONER DONNA FIALA, Approved as to form and legal sufficiency: Robert N. Zachary, Assistant County Attorney Agenda Item No. 10B January 11, 2005 Page 8 of 36 KRflFT CONSTRUCTION COMPANY. INC. Attachment 1a December 14,2004 Mr. Jack Crognale, Construction Manager Collier County Govenunent Department of Facilities Management 3301 E. Tamiami Trail Naples, FL 34112 RE: COURTHOUSE ANNEX PARKING GARAGE NAPLES, FLORIDA Dear Mr. Crognale: Weare pleased to provide you with this GMP proposal for only the proposed "Courthouse Annex Parking Garage". This 100% Construction Document price is based upon the enumerated Documents as prepared by Spillis Candela DMJM, Inc. and our proposal Qualifications. Our 100% Construction Document GMP price is as follows: GMP price for the Parking Garage is..... ..... .................. .... $16,539,700.00 Our proposal Qualifications and Alternate prices apply. If you have any questions, feel ftee to calL Sincerely, KRAFT CONSTRUCTION COMPANY, INC. ~21~ Vice President/Estimating JLP:rd See attached Cost breakdown dated 12-14-04 .2606 Horseshoe Drive S. . Naples. Florida 34104 . (E39) 643-6000 . Fax (239) 643-0090 012120 Metro Parkway. Suite 117 · Fort Myers. Florida 33912. (239) 561-5181 · Fax (239) 561-5129 01058 Tamiami Trail N. · Sarasota. Florida 34236 . [941) 33G-8990 . Fax (941) 33G-8994 www.kraftconstructìon.com Kraft Construction Co. Project name Collier Cnty Prkg Garage Collier Cnty Govt Complex Naples FL 34112 Collier Client Collier County Govt 3301 E. Tamiami Trail Naples FL 34112 Architect Spillis Candela DMJM Engineer TKW Consulting Engrs Document Plans Dated 06-04-04 CD Estimator Kraft Const Co., Inc. Job size 1147 car Report format Sorted by 'Group phase/Phase' 'Group phase' summary Allocate addons ~ft c;on;.truction Co. Description 1970.00 2000.00 2090.00 2100.00 2500.00 2700.00 2800.00 3000.00 3400.00 4000.00 5000.00 5700.00 6000.00 7000.00 7300.00 8000.00 8500.00 9200.00 9900.00 10000.00 11000.00 14000.00 15000.00 15300.00 15500.00 16000.00 17000.00 FIELD REIMBURSABLES DEMOLITION SITE SURVEY & LAYOUT SITE PREP & EXCAVATION WATER, STORM, & SEWER PAVING & CURBS SITE IMPRVMNT& LANDSCA CAST IN PLACE CONCRETE PRECAST CONCRETE MASONRY . STR STEEL & DECKING ORNAMENTAL METALS ROUGH CARPENTRY INSULATION & MOISTURE ROOFING DOORS & HARDWARE WINDOWS & GLASS PLASTER & STUCCO PAINT & WALL COVER SPECIALITIES EQUIPMENT CONVEYING SYSTEMS PLUMBING FIRE PROTECTION HVAC ELECTRICAL SYSTEMS & COMMUNICA TI( Standard Estimate Report Collier Cnty Prlcg Garage Agenda Item NO.1 OBpage 1 Jan~~~:10 PM Total I Amount Quantity Unit Cost 287,481 7,224 21,161 1 ,091,434 243.804 156,146 215,291 880,291 7,035,973 78,569 203,960 256.920 26,451 216.781 43,690 68,838 445.604 17,987 85,136 165,886 34.016 305.562 153,086 142.497 31.741 1,223.837 1,615,700 · . Kraft Construction Co. Standard Estimate Report Collier Cnty Prkg Gerage Agenda Item NO.1 OBn_ 2 Janu~..1,1;Jgog-..... II>. 8f~ 3f;10 PM -- Estimate Totals Labor Material SUbcontract Other 93,521 19,330 14.822.181 120.035 15,055.067 1,270.056 hrs 15,0!5,067 Bulders Risk Insur. By Owner General LiabHIty Insurance 0.575 % 95.102 95.102 15,150.169 ¡r, ;.;¡¡.... - Impact Fees By Owner Building Permit By Owner Prmv UtIlity Svcs Fees By Ownr Bond: ~yment & Performance 15,150,169 85.991 85.991 15,236,160 516.009 3.387 % 787.608 5.000 % 1,303,617 16,539.777 Total 16,539,777 14,420.032 lear Const Phase Fee (Gen Cond) Const Phase OH & Profit Fee Agenda Item No.1 OB January 11, 2005 Page 12 of 36 12/14 Attachment lb Enumeration of Project Documents Collier County Courthouse Annex & Parking Garage 100% Owner Review Set· Site Development Plans - Prepared by TKW Consulting EngineerslSpillis Candela ArcbltectJ Page Revision Number Description Dated Date COLliER COUNTY COURTHOUSE PARKING GARAGE PARKING GARAGE-ClVll.. DRAWINGS P2 (updated) Rec'vd & Distributed 9/16/2004 C-l Cover Sheet, Legal and Location Map 6/7/2004 C-2 Existing Conditions and Aerial Photo 6/7/2004 C-3 Demolition Plan 6/7/2004 C-4 Site Plan 617/2004 C-5 Paving., Grading and Draina2e Plan 617/2004 C-6 Utility Plan 617/2004 C-7 Paving and Drainage Details 617/2004 C-8 Collier County Utility Details 6/7/2004 C-9 Collier County Utility Details 6/7/2004 C-I0 SWP3 Plan 6/7 /2004 Call Erosion Control Details 6/7/2004 I PARKING GARAGE-LANDSCAPEIPLANTINGIIRRIGATlON PLANS Rec'vd & Distributed 10/19/2004 Ll Littoral Shelf Planting Plan 7/21/2004 10/15/2004 1 SDP-Existing Conditions and Vegetation Plan 7/16/2004 t 0/15/2004 2 SDP.Planting Plan 7/16/2004 10/15/2004 3 Planting Details 7/16/2004 10/15/2004 4 Irrigation Plan 7/16/2004 10/15/2004 PARKING GARAGE DRAWINGS AO.1.01 Index of Dr&wings / Symbols and Abbreviations 6/4/2004 S1.0.00 Abbreviations, Symbols and General Notes 6/4/2004 82.1.01 Foundation and First Floor Framing Plan 6/4/2004 82.1.02 Second Floor Framing Plan 6/4/2004 S2.1.03 Third Floor Framirig Plan 6/4/2004 S2.1.04 Fourth Floor Framìng Plan 6/4/2004 S2.1.05 Fifth Floor Framing Plan 6/4/2004 S2. I .06 Sixth Floor Framing Plan 6/4/2004 S2.1.7 Roof Framing Plan 6/4/2004 83.0.00 Pile Cap Foundation Detaìls 6/4/2004 1 Agenda Item No.1 OB January 11, 2005 Page 13 of 36 12/14/04 Attachment Ib Enumeration of Project Docmnents Collier County Courthouse Annex & Parking Garage 100% Owner Review Set - Site Development Plans - Prepared by TKW Consultin¡ EngiDeen/SpiJIisCandela Architects r Page Revision Nwnber Description Dated Date COLLIER COUNTY COURTHOUSE PARKING GARAGE S3.0.01 Footinsz Schedule and Foundation Details 6/4/2004 S3.0.02 Foundation Details 6/4/2004 85.0.00 Masonry Schedule and Details 6/412004 S6.0.00 Sections and Details 6/412004 S6.0.01 Sections and Details 6/4/2004 S6.0.02 Sections and Details 6/4/2004 A1.l.0t New Complex Site Plan 6/4/2004 Al.l.02 Architectural Site Plan 6/4/2004 A1.2.01 First Floor Life Safety Plan 6/4/2004 AI.2.02 Second Floor Life Safety Plan 6/4/2004 AI.2.03 Third Floor Life Safety Plan 6/4/2004 Al.2.04 Fourth Floor Life Safety Plan 6/4/2004 AI.2.0S Fifth Floor Life Safety Plan 6/4/2004 A1.2.06 Sixth Floor Life Safety Plan 6/4/2004 A2.1.01 First Floor Plan 6/4/2004 A2.1.02 Second Floor Plan 6/4/2004 A2.1.03 Third Floor Plan 6/4/2004 A2.1.04 Fourth Floor Plan 6/4/2004 A2.1.05 Fifth Floor Plan 6/4/2004 A2.1.06 Sixth Floor Plan 6/4/2004 A2.1.7 Roof Plan & Partial Roof Plan 6/4/2004 A3.1.01 Enlarged Stair No.1 & Elevator Plans 6/4/2004 A3.1.02 Enlarged Stair No.4 Plans and Section 6/4/2004 A3.I. 03 Elevator and Stair Sections, Stair Details 6/4/2004 A3.2.01 Enlarged Plans 6/4/2004 A3.2.02 Enlarged Plans 6/4/2004 A3.2.03 Enlarged Plans 6/412004 A4.1.01 Building Elevations 6/4/2004 A4.2.0I Building Sections 6/4/2004 2 Agenda Item NO.1 08 January 11, 2005 Page 14 of 36 12/1' Attachment Ib Enumeration of Project Documents Collier County Courthouse Annex & Parking Garage 100% Owner Review Set - Site Development PlaDs - Prepared by TKW CODsultlDII EngineenlSpillis CaDdela Arcbitects Page Revision Number Description Dated Date COLLIER COUNTY COURTHOUSE PARKING GARAGE A4A.01 Wall Sections 6/4/2004 A4.4.02 Wall Sections 6/4/2004 A4.4.03 Wall Sections 6/4/2004 A4.4.04 Wall Sections 6/4/2004 A5.1.01 Exterior Details 6/4/2004 c: A5.2.01 Roof Details 6/412004 A5.3.01 Miscellaneous Details 6/4/2004 A6.1.01 Door Schedule, Door Types, RM Finish Schedule 6/4/2004 A6.2.01 Exterior Opening Schedule 6/4/2004 A6.2.02 Exterior Openina Schedule and Louver Schedule 6/4/2004 A6.3.01 Exterior Opening Details 6/4/2004 FPO.O.IO Fire Protection Abbreviations. Legend and Notes 6/4/2004 FP2.1.01 Fire Protection First Floor Plan 6/4/2004 FP2.1.0.2 Fire Protection Second Floor Plan 6/4/2004 FP2.1.0.3 Fire Protection Third Floor Plan 6/4/2004 FP2.l.0.4 Fire Protection Fourth Floor Plan 6/4/2004 FP2.1.05 Fire Protection Fifth Floor Plan 6/4/2004 FP2.1.06 Fire Protection Sixth Floor Plan 6/412004 FP5.0.01 Fire Protection Details 6/4/2004 FP5.0.02 Fire Protection Plan Pump Room 6/4/2004 PO.O.Ol Plumbing Legend, Notes, Schedules and Abbreviations 6/4/2004 P2.1.01 Plwnbing First Floor Plan 6/4/2004 P2. LO.2 Plumbing Second Fioor Plan 6/4/2004 P2.1.0.3 Plumbing Third Floor Plan" 6/4/2004 P2.1.0.4 Plumbing Fourth Floor Plan 6/4/2004 P2.1.0.5 Plumbing Fifth Floor Plan 6/4/2004 P2.1.06 Plumbing Sixth Floor Plan 6/4/2004 P5.0.0l Plumbing Details 6/4/2004 MO.O.OI Abbreviations, Symbols. Legend and General Notes 6/4/2004 ... .) Agenda Item No.1 OB January 11, 2005 Page 15 of 36 12/14/04 Attachment Ib Enumeration of Project Documents Collier County Courthouse Annex & Parking Garage 100% Owner Review Set - Site Development Plans - Prepared by TKW Consulting Engineers/SpilUs Candela Architects Page Revision Number Descriotion Dated Date COLLIER COUNTY COURTHOUSE PARKING GARAGE M5.0.01 HV AC Schedules and Details 6/412004 . M2.1.01 Mechanical First Floor Plan 6/4/2004 M6.0.01 Notes and Specifications 6/4/2004 Abbreviations, Symbol Legend, Lumi]'laire Schedule & General EO. 1.00 Notes 6/4/2004 E1.1.01 Electrical New Comolex Site Plan 6/4/2004 E1.1.02 Electrical Site Plan 6/4/2004 E2.2.0 1 First Floor Lighting & Power Plan 6/4/2004 E2.2.02 2nd, 3rd, & 5th FloorLÌj;~hting & Power Plan 6/4/2004 E2.2.03 4th Floor Lighting & Power Plan 6/4/2004 E2.2.04 6th Floor-Roof Lightimz & Power Plan 6/412004 E2.3.01 First Floor System Plan 6/4/2004 E2.3.02 2nd, 3rd, & 5th Floor System Plan 6/4/2004 E2.3.03 4th Floor System Plan 6/4/2004 E2.3.04 6th Floor-Roof System Plan 6/4/2004 E4.1.01 Electrical Power Riser and Fire Alann Riser 6/4/2004 E5.1.01 Panel Schedules 6/4/2004 E5.2.01 Details 6/4/2004 E5.2.02 Details 6/4/2004 4 ...~.- KRFlFT CONSTRUCTION COMPANY, INC. Agenda Item No. 10B January 11, 2005 Page 16 of 36 Attachment 2 12-14-04 COLLIER COUNTY COURTHOUSE ANNEX. PARKING GARAGE "LIST OF ALLOWANCES" 1. We have included an Allowance of $25,000 for Independent Lab Testing services. 2. We have included an Allowance for Signage of $68,500 to furnish and install all the signage. .2808 Hor-seshee Drive S. · Naples. Flor-ida 34104 . [239] 843-8000 . Fax [239J 843-0090 o 1212Q Metro Parkway. Suite 117. Fort Myers. Florida 83912. (289] 561-5181 . Fex [289] 581-5129 01058 Tamiami Trail N. · Sarasota. Flor-ida 84288 . [941] 330-8990 . Fax [941) 880-8994 www.kraftconstructien.com Agenda Item No. 108 January 11, 2005 Page 17 of 36 12-14-04 Attachment 3 COLLIER COUNTY COURTHOUSE ANNEX AND PARKING GARAGE QUALIFICATIONS DIVISION #1 - GENERAL CONDITIONS 1. Pennit and impact fees are the responsibility of the Owner. 2. Primary utility service costs are the responsibility of the Owner. 3. Owner/Architect office trailers on the site are not included. 4. Costs for Independent Testing Lab services are included. 5. Builder's Risk Insurance and the deductible is the responsibility of the Owner. 6. The Special Inspector (i.e. Threshold Building Inspector) is by the Owner as per the specifications. 7. Our Construction Phase fee and field reimbursables are based on building the Parking Garage concurrently with the Courthouse Annex Building. If the start of construction of the Courthouse Annex project is delayed beyond May 1, 2005 there maybe be additional Construction Phase fee and field reimbursable costs that would require a GMP amendment to our agreement. 8. The GMP and the attached construction schedule are predicated on the receipt of assistance from the County in expediting the pennit process for both the Parking Garage and the Courthouse Annex. County officials are respectfully requested to meet with the County Plan Reviewers to discuss pennitsubmission options that will allow the initial submission to take place, while the engineered pre-cast shop drawings are prepared. Upon receipt and review of the initial comments, KCCI will respond to the initial comments with the engineered shop drawings attached. DIVISION #2 - SITEWORK 1. The cost to excavate the lake at the end of the project and haul away the excavated material to another county site within ten miles is included. Agenda Item No.1 OB January 11,2005 Page 18 of 36 12-14-04 2. We have included the three (3) benches outside the Parking Garage as per section 02870 Site Furnishings. 3. We have not included any Ash Urns within this budget at this time. 4. We have not included any Bike Racks within this budget at this time. 5. No concrete curbing was shown at the Parking Garage plans, but wee included it as . per the Architects direction. '. 6. Certain Trees are shown to be relocated from the Courthouse Annex site for the Parking Garage. If this is not possible due to delays in starting the Annex, then changes to the plan will be required. DIVISIONS #3 AND #4 - CONCRETE AND MASONRY 1. We have not included the concrete sealer as specified in Section 03395 within our base bid price for the Parking Garage. We have quoted it as Add Alternate #4. DIVISION #5 - METALS 1. Barrier cabling along the light walls in the parking garage is included. 2. We have included the Aluminum Trellis at the Parking Garage as per the fax from Spillis Candela DMJM. 3. We have an Alternate Rail detail along the spandrel panels of the parking garage using a round 3 "OD aluminum top cap with 1.5" SCH 40 pipe for posts and a 1.25" x 6" diameter mounting pads in clear anodized aluminum finish. DIVISION #6 - CARPENTRY 1. No qualifications DIVISION #7 - THERMAL AND MOISTURE PROTECTION 1. A waterproof traffic coating at the parking decks is not included except over the mechanical and electrical rooms. DIVISION #8 - DOORS AND WINDOWS 1. The curtain wall at the parking garage adjacent to the elevator walls is included. We have included a $140,000 budget allowance for the steel tube framing shown, but not sized. 2 Agenda Item NO.1 OB January 11, 2005 Page 19 of 36 12-14-04 DMSION #9 - FINISHES 1. Water repeIlants are included at the exterior side only of the architectural precast and parking garage precast. 2. We have not included painting the interior precast double ''T'' ceilings within the parking garage as base bid. We have quoted this as Add Alternate #5'. DIVISION #10 - SPECIALTIES 1. The following signage allowances are included: a. Parking Garage................... ..... .............. $68,500 DIVISION #11 - EQUIPMENT 1. We have not included any window washing anchors, etc. for the Parking Garage. DIVISION #12 - FURNISHINGS 1. No qualifications. DIVISIONS #13 AND #14 - SPECIAL CONSTRUCTION AND CONVEYING SYSTEMS 1. No qualifications DIVISION #15 - MECHANICAL 1. We have included PVC piping for the plumbing Drain piping within the Parking Garage similar to the Garage completed at the Jail project in lieu of the no-hub cast iron piping specified. DIVISION #16 - ELECTRICAL 1. We have included an allowance of $25,000 to relocate the Copper cable & Fiber Optic lines with conduit and pull strings. These were shown on the civil drawings. -.. 3 COLD 00 .....0 .N o - Z"'" ..- E>. ( )'- ~ro -::¡ roc: -oro c: -:> tIJ 0> <: f<g !::.".:J <r~ ij IA i..¡ il~ t 1< ~ j ':1 J T I ! IJJ (t. ø l- i z w ::Ii! ø ø :IE z ø 0 ~ g (,) a. x I i l- ll. IJJ II) u: > :s 0 ¡¡:¡ ... u: Q ::¡ !: IJJ ~ ¡- en ... 0.. 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Q) ~ E :c (3 £ ~ 1!! ;;¡: Ir ::J A~I 0 0 .', .,,, u I/) ..J W Z < a.. I- <;) W a:: W 1>- (J ~ ::¡ (.) (.) o u.. o W 5 ü: ¡:: a: W (.) èì) Z o ¡:: (.) W Cl. UJ _E_-, ~ ::¡ ã5 o ~ >: c:: W > ::¡ W o ..J < ëï:: W ;- ~ It) ¿~ i {/} W ...J ä: l- I/) W I- ...J ...J ~ c/) æ {/} i- (/) W I- ð ...J ~ c:: o u. a:: w Cl. ~""""~,....- t !jj g: ø;¡o ~jæ i..··I·\¡~ L...ji~ (/) , W t:) ,<¡~ ~ "1"< <...J . . IX: .;¿ ... i1í fñ =d æ """-".--..-^-~,~.,,,,- :2 ï II) ~ ~ w ä: ø I- m i f ~ ~ø ~ 0 ~ ¡; en:::Jg UI u. UI ø ~ m¡iw ~~. ~ ~ ä: 8WQc.? ä:~' ~ ~ 5 ~ f ~ ;¡ ~j ~! ~ ~ ~ Iii ~ ~ i i ~ ¡ ¡! ~ j ; J-~ !::!::8~~' 8: ~ ~ ~ ~ ~ il-'-iijø.. .cI; 4( ¡¡; W ì5 _ Ii: ~ (J IX: ~ ~ æ Z ,0.. ..I ~ æ·r·;¡--~··iJ;~ j:~---'-~~- -, i u: Wi D:I fI a:I ., ::> ' 0 ". " ;;¡ ø-;-::Ii!-f;." .: ! ¢..->~ c/) w ::r: (/) Z ¡¡: a.. uJ ::E C! Z ¡:: :z < .11. Agenda Item No, 108 January 11, 2005 Page 21 of 36 12-14-04 Attachment 5 COLLIER COUNTY COURTHOUSE ANNEX PARKING GARAGE "LIST OF ALTERNATES" " - ALTERNATE #1: Remove existing finish floor at the existing ground floor of the Courthouse Lobby areas and provide new epoxy terrazzo floor as specified in Section 09402. No Floor plan layout 'issued for this area at this time. ADD Not Applicable to Garage ALTERNATE #2: Demolish and remove the existing exterior Glass Block System, inclusivë of structural supports at the Fifth through Sixth floors of the existing Courthouse and replace with new Aluminum Storefront System specified in Section 08411 and as indicated on drawings. (Need a design for the structural reinforcement to final price.) APPROX. ADD Not Applicable to Garage .- ALTERNATE #3: Add providing the alternate Two (2) wire "Decoder Control System" for the irrigation sprinkler system in lieu of the base bid system. ANNEX BUILDING ADD GARAGE ADD $ N.A. $ 4,000.00 ALTERNATE #4: Provide Concrete Slab Sealer as specified in Section 03395 for the interior floor slabs as noted in the Room Finish schedule. GARAGE ADD $137,000.00 ALTERNATE #5: Add painting the interior concrete ceilings for the Parking Garage as per the Room Finish schedule. (Note: We have not included painting the interior columns.) GARAGE ADD $260,000.00 ALTERNATE #6: The approximate additional cost to provide the underground Chilled Water lines To within 5'-0" of the Courthouse Annex building :trom the Central Energy Plant. (Not shown on the Civil drawings yet.) APPROX. ADD Not Applicable to Garage riiII KRFlFT CONSTRUCTION COMPANY. INC. Agenda Item No. 108 January 11, 2005 Page 22 of 36 12-14-04 Attachment 7 Collier County Courthouse Annex and Parking Garage Revisions to the Contract 1. In article 8.1.2(b), replace the "TBDs" as follows: a. First ''TBD'' change to "One (1)" b. Second "TBD" change to "$1,985.00" 2. In article 8.1.2(c), replace the "TBDs" as follows: a. First "TBD" change to "$10,000.00" b. Second "TBD" change to "$10,000.00" c. Third "TBD" change to "5%" d. Fourth "TBD" change to "$10,000.00" 3. In article 8.1.3, change the "TBD" to "5%" .2606 Horseshoe Drive S. . Naples. Florida 34104 . (239) 643-6000 . Fax (239) 643-0090 012120 Metro Parkway, Suite 117· Fort Myers, Ronde 33912. (239) 561-5181 . Fax (239) 561-5129 01058 Tamiami Trail N. · Sarasota. Florida 34236 . (941) 330-8990 . Fax (941) 330-8994 www.kraftconstruction.com EXHIBIT G CONSTRUCTION MANAGER'S PER DIEM STAFF FOR TIME EXTENSIONS PER 8.1.2 (1 )(b) (ANNEX BUILDING AND PARKING GARAGE) Individual TBD ¡ oe Pressler TBD Wendy Duckworth and/or Lyn Ross Brad Kogan Laurie Mattingly Joe Perkins Pete Murphy Pete Tuffo TBD Shaunna Allen and/or Betty Lounds TBD TBD TBD TBD (Offsite) (Offsite) (Offsite ) (Offaite) (Otfsite) (Offsite) (Offsite) (Offsite) (Onsite) (Onsite) (Onsite) (Onsite) (Onsite) (Onsite) (Onsite) I 1,,- Title Project Executive Vice President, Estimating Estimator Estimator Assistant M.E.P. Coordinator D.M.P. Clerk Scheduler Safety Inspector Project Manager Assistant Project Manager Administrative Assistant Superintendent (Garage) Superintendent (Annex) Assistant Superintendent (Annex) Labor Foreman 43 M"~'^,··..'~.m,w_.. Agenda Item No.1 DB January 11, 2005 Page 23 of 36 12-14-04 Pen:entage of Time Available 20% 10% 5% . 10% 10% 20% 5% 10% 100% 100% 100% 100% 100% 30% 100% Agenda Item No. 108 January 11, 2005 Page 24 of 36 EXHIBIT H 12-14-04 CONSTRUCTION MANAGER'S PERSONNEL TO BE ASSIGNED DURING CONSTRUCTION OFF-SITE (ANNEX BUILDING AND PARKING GARAGE)Q Individual Title Percentage Duration of Time inMonths Available Robert Carsello JoePress1er TBD' Wendy Duckworth and/or Lyn Ross Brad Kogan Joe Perkins Laurie Mattingly Pete Murphy Project Executive Vice President, Estimating Estimator Estimating Assistant M.E.P. Coordinator Scheduler D.M.P. Clerk Safety Inspector 16 20% 16 10% 16 5% 16 10% 16 10% 16 5% 16 20% 16 10% 44 EXHIBIT I CONSTRUCTION MANAGER'S PERSONNEL TO BE ASSIGNED DURING CONSTRUCTION ON-SITE (ANNEX BUILDING AND PARKING GARAGE) Individual Pete Tuffo TBD Shaunna Allen and/or Betty Lounds TBD 1BD TBD TBD Title Duration in MnntJ111 Agenda Item No.1 DB January 11, 2005 Page 25 of 36 12-1~4 Percentage of Time Available 100% 100% 100% 100% 100% 100% 100% Project Manages: Assistant Project Manager Administrative ASsistant Superintendent (Garage) Superintendent (Annex) Assistant Superintendent Labor Foreman 16 16 16 12 16 4 16 4S EXHIBIT A CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES (ANNEX BUilDING AND PARKING GARAGE) Owner: Board of County Commissioners, Collier County, FL Owner's Representative: Jack Crognale Purchasing Agent: Scott D. Johnson Design Professional Construction Manager TBD Joe Pressler TBD Wendy Duckworth and/or Lyn Ross Brad Kogan Laurie Mattingly Joe Perkins Pete Murphy Pete Tuffo TBD Shaunna Allen and/or Betty Lounds TBD TBD TBD TBD (Offsite) (Off site) (Offsite) (Offsite) (Offsite) (Offsite) (Offsite) (Offsite) (Onsite) (Ousite) (Onsite) (On site) (Onsite) (Onsite) (Onsite) Project Principal Construction Administrator Site Representative Mechanical Engineering Inspector Electrical Engineering Inspector Structural Engineering Inspector Architectural Inspector Project Executive Vice President, Estimating Estimator Estimator Assistant M.E.P. Coordinator (Annex) D.M.P. Clerk Scheduler Safety Inspector Project Manager Assistant Project Manager Administrative Assistant Superintendent (Garage) Superintendent (Annex) Assistant Superintendent (Annex) Labor Foreman 35 Agenda Item No. 10B January 11, 2005 Page 26 of 36 12-14-04 <~ EXHIBfr''a CONSTRUCTION MANAGER'S PERSONNEL (ANNEX BUILDING AND PARKING GARAGE) OFF-SITE SUPPORT STAFF TBD Joe Pressler TBD . Wendy Duckworth and/or Lyn Ross Brad Kogan Laurie Mattingly Joe Perkins Pete Murphy Project Executive Vice President, Estimating Estimator Estimator Assistant M.E.P. Coordinator (Annex) D.M.P. Clerk Scheduler Safety Inspector ON-SITE SUPPORT STAFF Pete Tuffo TBD Shaunna Allen andlor Betty Lounds TBD TBD TBD TBD Project Manager Assistant Project Manager Administrative Assistant Superintendent (Garage) Superintendent (Annex) Assistant Superintendent (Annex) Labor Foreman 36 Agenda Item NO.1 OB January 11, 2005 Page 27 of 36 12-14-()4 FRONT PAGE Agenda Item No. 10B January 11, 2005 Page 28 of 36 CONTRACTOR'S PERFORMANCE AND PAYMENT BOND (Public Work) Bond No.: Contractor Name: Contractor Address: Contrador Phone No.: Surety Company; Owner Name: Owner Address: Owner Phone No.: Obligee Name: (If diIIenInt from property Owner. or Dual Obligee) Obligee Address: Obligee Phone No.: Bond Amount: Contract No. (If applicable) Description of Work: Project Location: Legal Description: · 6011230 ·.KRAFT CONSTRUCTION COMPANY, INC. · 2606 South Horseshoe Drive Naples FL 34104 · SAFECO INSURANCE COMPANY OF AMERICA · BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA · Naples FL 34112 · · * * · Sixteen Million Five Hundred Thirty Nine Thousand Seven Hundred and 00/100 *Courthouse Parking Garage *3301 East Tamiami Trail Naples Various FL 34112 This Bond has been furnished to comply with the requirements of F.S. 255.05. This bond Is hereby amended suc:h that all ptOYÎ$iOnS ancllimitations, including c:ondItIons. nob and time limitations of F .S. 255.05 ale incotporated herein by reference. Any provision of this bond whicl\ c:onIIicts with or purports to grant broader or more expanded coverage In oxcess of the minimum of the applicable statute shall be deemed deleted her8from. This bond is a statutory bond, not Ii common law bond. ThIs I. tM front pIIlfJ(t of the PerforJrøncelPayment Sond($} regardless of pteprlnted numbers on other,.ges Issued In compliance with Rodda Statute 256.05. Agenda Item No. 10B January 11 , 2005 Page 29 of 36 THE AMERICAN 1NSTITUTE OF ARCHITECTS Bond No. 6011230 AlA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural wt)ere applicable. CONTRACTOR (Name and Address): KRAFT CONSTRUCTION COMPANY, INC. 2606 South Horseshoe Drive Naples. FL 34104 SURETY (Name and Principal Place of Business); SAFECO INSURANCE COMPANY OF AMERICA 2055 Sugartoaf Circle Duluth. GA 30097 OWNER (Name and Address): BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA. Naples. FL 34112 CONSTRUCTION CONTRACT Date: 3/9104 Amount: SIXTEEN MILLION FIVE HUNDRED THIRTY NINE THOUSAND SEVEN HUNDRED AND 001100 Dollars ($16,539,700.00) Description (Name and location): Courthouse Pøtl<lng Garage BOND Date (Not earlier than ConstnJctìón Contract Date): 12/15104 Amount; Sixteen Million Five Hundred Thirty Nine Thousand Seven Hundred end 00/100 Dollars ($16,539,100.00) Modifications to this Bond: 0 None !XI See Page 3 (Corporate Seal) (Any additional signatu~es appear on page 3) (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Aon Risk Seryices. Inc. of New York other party): 3~ Earle OVlngton Boulevard Spillis Candela DMJM Umondale, NY 11553 800 Douglas Entrance (516) 794-1000 Coral Gables. Florida 33134 414 DOCUMtNT 4312 . PfRFORMANa 80ND AND PAYMENT 80NO . DECEM8ER 1'J84 ED. . AlA ¡!: THE ...MERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. NW., WASHINGTON. D.C. 20006 THIRD PRINTlNC. MARCH 1987 A312-1984 1 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner 0 r the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to sum statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con- ,-_... Agenda Item No.1 OB January 11, 2005 Page 30 of 36 tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per. form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARt AS FOLLOWS: This Bond has been furn:l.shed to comply with the requirements of Section 255.05. 713.23. or 713.245. Florida Statutes. wh:i.chever is applica,ble. It is hereby æaended such that all provisions ánd U.l.tations. including conditions", notice and time limitations of the applicable statute are incorporated herein by reference. Any provision of this bond which conflicts with or purports to grant broader or more expanded coverage in excess of the min:i:mum. requirements of the applicable statùte shall be deemed deleted herefroa. This bond is a statutory bond. not a cOlllll1On law bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS f>RINOPAl Company: (Corporate Seal) Signature: Name and Title: Address: . . SURETY Company: (Corporate Seal) Signature: Name and Title: ,Attorney-in-Fact Address: AlA DOCUMENT 1\312' PERFORMANCE BONO AND PAYMENT BOND. DfCfMBER 1984 EO. . "'A e THE AM£RICAN INSTITUT£ OF AACHIT£CTS. 1735 NEW YORK AVE., N.W., W...Sf-iINGTON. D.C. 20006 THIRD PRINTING' MARCH 1937 A312·1984 3 Agenda Item No. 108 January 11, 2005 Page 31 of 36 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 6011230 AlA Document A312 Payment Bond Any sìnßular referen(-e 10 Contractor. Surety, Owner or other party shall be considt.'fed plural wn('f!' applicable. CONTRACTOR (Name and Address); KRAFT CONSTRUCTION COMPANY. INC. 2606 South Horseshoe Drive Naples. FL 34104 SURETY (Name and Principal Place of Business): SAFECO INSURANCE COMPANY OF AMERICA 2055 Sugarloaf Circle Duluth, GA 30097 1- OWNER (Name and Address): BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA. Naples. FL 34112 CONSTRUCTION CONTRACT Date: 3/9104 Amount: SIXTEEN MILLION FIVE HUNDRED THIRTY NINE THOUSAND SEVEN HUNDRED AND 00/100 Dollars ($16,539,700_00) Description (Name and location): Courthouse Parking Garage BOND Date (Not earlier than Construction Contract Date): 12/15104 Amount: SIXTEEN MILLION AVE HUNDRED THIRTY NINE THOUSAND SevEN HUNDRED AND 00/100 Dollars ($16,539,700_00) Modifications to this Bond: 0 None 3) See Page 6 CONTRACTOR AS PRINCIPAL Company: ti (Corporate Seal) KRAFT C.ONSTRU. S . . N COMPANY, INO . ¿~~«'~. Slgl)ature:¡,' -:aT- Namé and. hie: . crÑ#,AIM..<J. SURETY Company: (Corporate Seai) SAFECO INSURANCE COMPANY OF AMERICA ~~ Signature: I : . . ·..,,,.A~· Name and Title: Rita $agistan . Attorney-ìn-Fact ~. .. IGNIL. T.O RE~.. ìY RESIDENT. FL 0 tŒ DA AGENT: By: . ~ r~c..-cyLo 'l'RANC1UJ') . (FOR INFORMATION ONL Y-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect. Engineer or Aon Risk Sery-ices. Inc. of New York other party): 333 Ear1e Ovmgton Boulevard SPÜlis Candela DMJM Unlondale, NY 11553 600 Douglas Entrance (516) 794..7000 Coral Gables. Florida 33134 (Any additional signatures appear on page 6) AlA DOCtJMENT 4312' PERFOR~C£ BOND AND PAYMENT 801'10 . DECEMBER 1984 ED. . AlA ., THE AMERICAN INSTITUTE OF ARCH1Tt:CTS. 173.5 NEW YORK "'VE.. N.W.. WASHINGTON, D.C. 2000& THIRD PRINtiNG' M"'RCH 1987 A312·1984 4 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potet1tial beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor orwith a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without Jimita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, lelephone service or rental equipment used in the Agenda Item No.1 08 January 11, 2005 Page 32 of 36 Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's fien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived. to pay the Con- tractor as required by !he Construction Contract or 10 perform and complete orcomplywith the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: This Bond has been furnished to comply nth the requirements of Section 255. 05 ~ 713.23~ or 713.245, Florida Statutes, whichever is applicable. It is hereby amended such that all provisions and limitations, including conditions, notice and time liRitataions of the applicable statute are incorporated herein by reference. Any provision of this bond which conflicts with or purports to grant broader or more expanded coverage in excess of the minimum requirements of the applicable statute shall be deemed deleted here from. This bond is a statutory bond, not a comaon law bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: . , Address: SURElY Company: (Corporate Seal} Signature: Name and Title: . Attorney-in-Fact Address: AlA OOC\JMENT Þ.3'I2 . PERFORMANCE BONO "-ND PAYMENT IIOND . DEaM8ER 1984 ED. . AlA . THE M1ERICAN INSTITUTE OF ARCHITECTS. 173S NEW VORK A\'t., N.W.. WASHINGTON. D.C. 20006 THIRD PRINTINC . Mo\IlCH 1987 A312-1984 6 Agenda Item No.1 08 January 11, 2005 Page 33 of 36 IMPORfMffRCmCI· TØ:IUR£TY IÐNO' CUITO""REØARDIII 'THE:œBIDBIIII mK _M('rar"gz -Ã$a;....4:Iond.~l'øf_.'P.f1he,~,~I~$Ff!OØ-t~·~$f ·~~.,J~t·;~:ótMi~ratP1tít~I~~Yt.,~~,~,; ·a~~or:~;Ëdon_'fnsutwÖ~f\)d1 itf¡J'.Mf~'noJffy~;~~iRI6k ·1Aa~kti.Qf'!OQ!~» ~~~;jb~meanJtha.t;under~:ct~)W may,,bt '~fòr: ~Þurs~of;~ ~·bonØ·.0_.·t))l.ttië·tmIbid:~_~ Ii1dêr äfólmul1ì :éttII:ItIStredbr.-AGf. ,uØ.~itf~.. ~~·UIÌ. ~'~m~iJt:~;~,qt 1ô..~e(f. bl:'~ ~'Qf'~iSlt1that ,øcetìfÙnrtàtùtótil¡ _b1I1hed~eta t$;øaki~'h1.tht _nll'lèJ~' ørovtdlng¡tbttRmd. Thé,:Âçt ..ø~i)1~jJes,,$lŒrJ)~.~:fctr~~t:-qf;"'·toS.iW.be_ bY:·~.~1øt-t).rlMfe4,i_·of te.rr~i1$íTt LØ-t$Wôiì $ortIèør'èÌI O'f:Y.OUT'~ ifíàY.b6i$~tÖth1S ¢)þ, ThisRòti' . ,dòeShot:·~"'Qfìkì. eïcistfi(·.tè .... and CÖ~:w-¡,..bnfl\$bón4, :ttï.trûnd.......¡¡~· ·:..~nt " .~....,.. """""1'.~ ,,~. . $. rm$ ,.. '¥~~." ..- ~~,ng~..,..~....", ·~by1fúS.:bond,·8i1Y ~SCN..the¡feRt$òf. thìs bond or iný'8èOehlibr ~1iœ1èrtllësòflåw. .Þt.. tfl$-time .thèfø tsfÎo premium dìanje ~sultlng fi'òf11mls Act; s.è248 voj ,--"...-..- Fß' S A FE C O· POWER OF A TfORNEY Agenda Item No. 10B SAFECO INSURANCE t'1\I..J.ftQ,IJW.Y6~..1ò).Q05 GE~L~S~ciõöM~¡~~6 HOME OFfiCE: SAFECO PlAZA SSATTl.E, WASHINGTON 98165 No. 10608 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each Ii Weshfngton corporation, does each hereby appoint ·..··ANTHONY 1. ROMANO; ELEANOR DOUDERA; THOMAS BEAN; GERARD S. MACHOLZ; RITA SAGISTANO; SUSAN RA YID; MARY ALICE J. CORBETT; Unionda1e, New Yark············ .............. .......................... ........... .................................................. .... ......-.... Its 1nIe and lawful ettomey(s}-il1-fact, with fU authority to execute on its behalf fidelity and surety bonds or undertakings and other documents or a similar character s~ .In th$ coursé of Its business, and to bind the raspecthle company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested the(!e presents this 22nd day of July . 2003_ ~k /A~\~ MIKE MCGAvtCK, PRESIDENT CHRISTINE MEAD, SECRETARY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE: COMPANY OF AMERICA: "ArtIcle V, Section 13. - FIDEUìY AND SURETY BONDS ... the President, any Vice President, the Secretary. and any Assistant Vice President appointed for that purpose by the officer In charge of surety operations, shaH each have authority to appoint individuals as attorneys-In-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds end other documents of similar character Issued by the company In the course of its business... On any Instrument making or evidencing such appointment, the signatures may be affIXed by facsimUe. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or In any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.· Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Sea'etary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By-Laws, and (Ii) A copy of the power-of...attomeyappointment. executed pursuant thereto, and (iii) Certifying that said power-of-attomeyappointment is In full force and effect,h\he signature of the certifying ofIIcer may be by facsimile, and the seal of the Company may be a facsimile thereof.· I. Christine Mead. Secletary of SAFECO INSURANCE COMPANY OF AMERICA and ol GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resok.4ion of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct and that both the By-Laws, \he Resolution and the Power of Attorney are still In full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 15 day of Deceaber 2004 CHRISTINE MEAD, SECRETARY 5-0974/SAEF 2101 is) A registered tradelTtM< of SAFECO Corporallc 07/2312003 POI _...~_...,._- .. ACKNOWLEDGMENT OF PRINCIPAL -IF·A:CORPORATloltgenda Item NO.1 08 . January 11 , 2005 . ¡::¿'()/Z- DA- Page·35 of 36 STATE OF ...........<............} sa . couNtY OF .' f p'{..~ fff5:. . . .. On this ....:.....(~tk.............. day of ....lì..tf.tÇf!;.·();I..Þ..~..............,2:.C!.c:.i. before me personally appeared ..RrÞ..f<.~....f.:..ç"t:2!f:t(t?.............:............. to be known, who, being by me duly sworn, did depose am;( , . .' . Ak I: R,. ., say, that he/_ resides at ........ .... ..'-{AIt:!f7;¡.................,..... ... '" .., ...... ......................" ............. ......j that hel.... i,. the .... .~f¡.q, ! ¿~lL........ ~81derif ....KclfiH:...C o/? ?icv..e!ÝI. h..~. 4¡. M,t;;.:.. ................. ........ the corporatIOn described in and which executed the within insurance instrument: that he'~knows the.seatpf said corporation; that the seal affixed to said instrument is such corporate seal;. that is was so. affixed by thè . " 'Boar~of Directors of said corporation; and that hel.ahsslgned his/Í:Mn1sme thereto by like order. (fl; ;;:= ,"",",,,' ,~-1:^ ,:,,~,,~L.. ..................................... . ., .............~2CIOO7 ..t.;~t1"""~ ACKNOWLEDGMENT OF PRINCiPAL.. IF INDIVIDUAL OR FIRM STATE OF ....... ........... ......} ss COUNTY OF ...... ... ..~... ...... On this ................................. day of ........................ ..................., ... ...... t)efore me personally appeared . ..................................:........................................~......... to me know to be (the Individual) (òne of the· firm) of ....~:........................... ... ...... :......................................., described in and who executed .the within instrument and helshe thereupon atknowledg~d to me that h~she executed the sàme (as the act and deed of said firm). . ............"...... ........... ...,....... ..........~,. ~..."".. ........ ..,...........".. ........ ..... .................... ........ .... ............ .....-............... ."... ACKNOWLEDGMENT OF SURETY COMPANY STATE OF ....tmV.J~~........ }! ss . COUNTY OF ....~~~......... . . . On this ....»~J;;~f...!~·~...~9.9.~..........., before me personally Came .......~~?:~..~?~~~........................_ to me. known. who,. being by me duly sworn, did depose and say; that he/she re81des In .~....~~'H..ç,ç.~.t;i:g............................, Stete of ...~..'!.~~.. ............. that he/she Is the Attorney"ln"Fact of the .....s.6Dcø.,¡NSmwf~.·.~~..«?I!..~~. .............,..... the corporation described in which executed the above Instrurnen~ that he/she knows the seal of said corporation; that the seal affixed to said Instrument is 8uch corporate seal; that Is was so affixed by the Boar:d of Directors of said corporation; and that he/she signed "Is/her name thereto by like order; and the affiant did further depose and say that the Superintendent of 1r18urance of the State of New ~ h8Sè&ursuant to Sectio& 1111 of thø Insurance law of the State of New York, Issued to ... ..~~ .~....... ~....:~~.~~.~................ ...,....... (Surety) his/her certificate of qualification evidencing the qualification of said Company and Its 8uffioiency under any law of the State of New York a8 surety and guarantor, and the propriety of aoceptlng and approving it as such; and that such certificate has n<?t been revoked. r-Y '1 . u""~{A¿~~$L~~u"uu"uu,,.u t ..' __......, ....... ...., ............ tiII....- NY åt\owIedaement . .... ~ìIM1 i~ ..~ ~.iù¡;¡,,&t) r' ,---~.., ~ SAFE CO' Agenda Item NO.1 OB January 11, 2005 SAPBCO INSURANCE COMPANY OF AMER.ICA Page 36 of 36 JlJNANCIAL sr À TEMENT - DECEMBER 31, 2003 Allen CUb and Bànk Dopoaits .........M.......................... $ (41,129,046) -Bonda -U.S Govonunont.................................... . 191.6i 1.176 -Othor Bønds..... .................". .................................. 2,268,566.075 ·Stoeb M..........:......... .............................._.............. 456,062,250 Real Bsl&lo_.........._...............H............................. 12,440,327 Alcott' Batancos or Uncollected Premiums.......... 332,460,470 Accrued btcrcst and Ronts_.......:.......................... 35,146.561 . Othor Admitted As.ets........................................... 163.785.853 . . . Total Admitted ARct. _..._.H.._~_... t] ~JI.9.t1 tí66 Liabilities UnClmOd Premiums ......................~....................... S 662,746,711 ROIervo for Claims and Clainu Expense ...................1 ,560,406,318 Fund. Hcld UDder ReinsIll'lllOO Treatles...M.......... 577,176 R.oIorve for Dividonds.to Pollcyboldora............................I..168.869 Additional S1ah.Itoty R.otorvo................................ Reeerve fur CoanmII8!OIUI, Tu:.os and Other Liabilitlet ...........'"................................ 375.568.628 T.taI.......................". 'UH .....1111n.......-..... S2t600,467.708 Capital Stock....~....................... $ 5.090,000 Paid in SUrplùl.._........................;...227,306,484 Unualped Surplua................... . 586.169.474 SurplUl to PoUcyholden...__._... Total UablUtlel and Surplul.........._H..._....._ 818.475.9511 $:\.41.11.11 fi61i · Bonds a~ stated at amortized or investment value; Stocks at Association Marlcet Values. Securities carried at $113.86S,629 arc deposited as Rquired by law. I \ \ \ I, MICHAEL C: PETERS..president of SAFECO Nalionallnsurance Company, do herebý certify that the foregoing is a true, and correct statement Df the Assets and Liabilities of said Corporation, as of December) 1 ~ 2003. to the best of my knowledge and belief. IN WITNESS WHERÈOF, I have hereunto SeI my band and affixed the seal of said Corporation at Seattle, Washington, this I st day of March. 2004. . S-1262.3J02 ~ President ~ " "'010_ Itademarl< 01 S-"FECO Cot'pOnI,"" Agenda Item No.1 00 January 11, 2005 Page 1 of 242 - EXECUTIVE SUMMARY Recommendation to adopt a Resolution authorizing the acquisition by Condemnation of non-exclusive, perpetual utility and maintenance easements, temporary construction easements, and access easements for the construction of a sewer force main, raw water mains and well sites required for the South County Regional Water Treatment Plant (SCRWTP) Reverse Osmosis Wellfield Expansion to 20-MGD, Project Number 708921, at a cost not to exceed $2,622,850. OBJECTIVE: To obtain authorization from the Board of County Commissioners, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District (hereinafter referred to as "Board") to acquire by Condemnation those non- exclusive, perpetual utility and maintenance easements, temporary construction easements, and access easements required for the construction and maintenance of utility improvements and facilities for the South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20-MGD, (hereinafter referred to as the "Project"). ~ CONSIDERATIONS: This project has been identified as one of the capital improvement projects required under the 2003 Water Master Plan Update adopted by the Board on May 25, 2004, Agenda Item to(D). The project involves the construction of raw water mains and wells that will provide water to be treated by the SCR WTP. The proposed expansion of the system will provide an additional yield of sixteen (16) MGD of raw feedwater to supply the proposed 12-MGD reverse osmosis expansion at the SCRWTP, which expands the total finished water production capacity to 20 MGD. Staff has reviewed alternative locations, environmental fuctors, cost variables, safety and welfare considerations as they relate to the construction of the Project and has determ1ned that the most feasible location for the utility improvements for the Project is shown on Exhibit "A" of the attached Resolution. On January 27, 2004, Agenda Item 16(C)(4), the Board approved a resolution authorizing the acquisition by gift or purchase of the necessary rights and interest required for this Project. Thus far, staff has been unable to secure all of the required parcels through negotiations, so in order to meet the Project's acquisition completion date of June 30, 2005, permission is requested to initiate condemnation proceedings at this time. A Technical Memorandum dated August 2002 summarizing the investigations conducted to establish, evaluate and compare alternate routes for the well transmission mains and wells sites intended to convey water to the SCRWTP, and a Technical Memorandum dated November 2003 documenting methods used for identifying and recommending possible locations for 23 proposed well sites, are attached hereto and along with Exhibit "N' are on display in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301 Tamiami Trail, Naples, Florida. ,,-- Agenda Item No.1 00 January 11 , 2005 Page 2 of 242 EXECUTIVE SUMMARY Resolution for Condemnation - SCRWTP RO Wellfield Expansion to 20-MGD Page 2 This item came before the Board at the November 30, 2004 meeting. At that time the Board raised concerns regarding the impact to neighboring property owners and directed that certain actions be taken to provide additional infonnation prior to presentation of the item at the continued meeting date. In response to these concerns and direction, Staff scheduled half-day comprehensive site visits for each Commissioner during the period between December 20,2004 and January 7,2005. In addition, Staff scheduled a public infonnation meeting for January 6, 2005. Notice of this meeting was mailed to all property owners within 300 feet of the proposed project boundaries and was distributed to all local media outlets. A more detailed presentation, incorporating the results of these actions, will be provided at the January 11, 2005 Board of County Commissioners meeting. FISCAL IMPACT: Total acquisition cost is estimated at $2,622,850, and includes all land, improvements, appraisal fees, title policies, staff overhead and miscellaneous expenses associated with the acquisition of the necessary utility easements, including attorney fees and expert witness costs incurred by the property owner which the condemning authority is required to pay under the provisions of Chapter 73, Florida Statutes. Funds are available in the FY 05 budget for this action in Project 708921, South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20-MGD. The FY 05 budget was approved by the Board on September 23,2004. Source of funds is Water Impact Fees (411). GROWTH MANAGEMENT IMPACT: The project is recommended in the latest 2003 Water Master Plan adopted by the Board in May 25, 2004, Agenda Item 10 (D). RECOMMENDATION: That the Board of County Commissioners: 1. Having reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the construction of the Project, find that the most feasible location for the utility improvements for the construction of the Project is shown on Exhibit "A" of the attached Resolution; 2. Adopt the attached Resolution authorizing the acquisition by condemnation of non- exclusive, perpetual utility and maintenance easements, temporary construction easements, and access easements as required to complete the South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20-MGD; and 3. Authorize the Chainnan to execute the attached Resolution. 4. Approve any and all necessary budget amendments. PREPARED BY: Toni A. Mott, Manager, Property Acquisition & Sales Real Estate Services I Facilities Management Department ,..-- Agenda Itern No.1 00 January 11 2005 Page :3 of 242 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 10D Meeting Date This item has been continued from the November 30,2004 Bee Meeting Recomrnendation to adopt a Resolution authorizing the acquisition by Condemnation of non-exclusive, perpetual utility and maintenance easements, temporary construction easements, and access easements for the constrw:tlon of a sewer force main, raw water mains and well sites requìred for the South County Regional Water Treatment Plant (SCR'NTP) Reverse Osmosis Wellfleld ExpansIOn to 20-MGD. Project Number 708921, at a cost not to exceed $2,622.850 CDples of the Technical Memorandums and Exhibit "A" are on display in the Board of County CommissIoners's Office. 3rd Floor. W. Harmon Turner Building, 3301 Tamiamì Trai! East, Naples, FL.. (Jim Del..ony, Administrator Public: Utilities) 1/11/200590000 AM Prepared By Dot<> Toni A. Mott Real Property Supervisor 11112/20U4 7:54:54 AM Administrative SelVices Facilities Management Approved By W¡lliam D. Mullin, PE Principal Project Manager Date ?ubHc Utilities Public Utílitles Engineering 12113120U4 9:21 AM Approved By Skip Camp. C.F.M. FaciHt¡cs. Management Director Date Administrative Services FaciHties Management 1211612004 7 :50 AM Approved By Charles E. Carrington, Jr., SRI\NA Real Emate Services. Manager Date Administrative Services. Facilities Management 12/16120047:52 AM Approved By Partirio E. Gramatges, P.E. Sr. Project Manager Date PublÎc Utilities Public Utilitie'$ Engineering 12116120048:02 AM Approved By Roy B. AndersOI', P,E. PlIbliG Utilìtif':s E.ngineerìng Director Date Public Utilities. Public Utilities Engineering 12116120045:39 PM Approved By Thomas Wi des Operations DIrector Date Public Utilities Public Utilities OpcratJons 12/17120048:45 AM Approved By James W. DeLony Public Utíljtìes Administrator D.ate Public Utilities P\Jb¡iC Utilities Administration 12/17120044:36 PM Approved By OMS Coordinator Adrnïnìstrative Assistant Date County Manuger'$ Office Office of Management & Budget 12/21120042:51 PM Approved By Susan Usher Senior Managerr1fmt/Budget Analys;t Date County Manager's Office Office of Management & Budget 1212212004 2: 34 PM Approved By Michael Smykowski Manugement &. Budget Director Date County M.anager's Offíce Office of Management & Budg~t 12/27/20049:20 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 121301200411:31 AM Agenda Item No. 00 January 11, 05 Page 4 of 42 RESOLUTION NO. 2005-_ RESOLUTION NO. CWS-200s- A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY CONDEMNATION OR PURCHASE OF NON-EXCLUSIVE, PERPETUAL UTILITY AND MAINTENANCE EASEMENfS, TEMPORARY CONSTRUCTION EASEMENTS, AND ACCESS EASEME~lS FOR THE CONSTRUCTION OF A SEWER FORCE MAIN, RAW WATER MAINS AND WELL SITES REQUIRED FOR THE COLLIER COUNTY WATER-SEWER DISTRICT'S SOUTH COUNTY REGIONAL WATER (SCRWTP) REVERSE OSMOSIS (RO) EXPANSION TO 20 MGD WELLFIELD PROJECT, PROJECT NUMBER 708921. WHEREAS, the Board of County Commissioners, as the Governing Body of Collier and as Ex- Officio the Governing Board of the Collier County Water-Sewer District, (hereinafter referred to as "Board"), on May 25,2004, adopted the 2003 Water Master Plan Update for the County's Water Service area in order to establish priorities for the design, acquisition, and construction of the various water capital improvement projects: WHEREAS, the SCRWTP RO Expansion to 20 MGD Wellficld Project, hereinafter referred to as "Project" is one of the water capital improvement projects required under the 2003 Water Master Plan Update for the County's Water Service area: and WHEREAS, the Board, on January 27, 2004 adopted Resolution No. 2004 -23, and Resolution No. CWS - 2004 -01. authorizing staff to acquire by gift or purchase those property rights required for the construction of the above-referenced project; and WHEREAS, the location for construction of the proposed improvements has been fixed by survey and is collectively representcd by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein: and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, Board desires to exercise its right to condemn property for pub1ic purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERr-.1NG BODY OF COli..IER AND EX-OFFICIO THE GOVER¡-"¡ING BOARD OF THE COli..IER COUNTY WATER- SEWER DISTRICT, that it has been determined by the Board that the construction of a sewer force main, raw water mains and weUs (hereinafter referred to the "Project") is necessary and in the best interests of the general public. :. Agenda Item No. 00 January 11, 2 05 Page 5 of 42 AND IT IS FURTHER RESOL YED that construction of the project is part of the County's long range planning effort, and is included in the 2003 Water Master Plan Update for the County's Water Service area, as approved by the Florida Department of Community Affairs. AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the project, various impacts to the environment, public safety and welfare considerations associated with the design and construction of the project, and the costs associated with the design, property rights acquisition, and construction of the project; and the Board finds that after consideration of these issues the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "An attached hereto and incorporated herein. AND IT IS FURTHER RESOL YED that in order to construct the project as designed, it is necessary for the Board to acquire the various real property interests described in Exhibit "An to wit: perpetual, non-exclusive utility and maintenance easements; perpetual, non-exclusive access easements; and temporary construction easements. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that County staff is hereby authorized to acquire immediately by gift, purchase or condemnation in the name of the Board, in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "An attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. This Resolution adopted on this day of ,2005, after motion, second and majority vote. A TIEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, BY: , CHAIRMAN Approved as to form and Jegaysufficiency: -4~¡Y CLJ~ Ellen T. Chadwell Assistant County Attorney 2 EXHIBITL page....L- of .JJbL Ag nda Item No. 100 January 11, 2005 PROJECT 'lO~9~\ Page 6 of 242 PARCEL I\(){ F Oll 0 r.(J Y: ?-0?i 0 CttJ 3 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS .'ROM COMMENCEMENT OF CONSTRucrION) -------------.------ SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO. 20 IN THE NW 1/4 OF THE NW 1/4 OF SECTlON 23, TWP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA ìõ "., ( ) N ci ð ù 1= u w (I) w Z ::J ~ I I I ¡- NB7'38'03"E 100.16' - ~ in . 0 ".. ~ g N87"38'03"E ~. P.O.B. oeo (I)~ Ó o P.O.C. NW COR SECTION 23 :.:: w w ~~ zO:: 0....1 VI< o::z w< §!!U w I 100' NORTH LINE OF THE N 1/2 OF THE NW 1/4 OF THE NW 1/4 PROPOSED 20' UTILITY EASEMENT EXISTINGROADAND UTILI~ EASEMENT O~ 09912277 N87'38'03"E 65.00' Ù> d -- ~ ~ b II) 8 VI w ~ ". b ~ PROPOSED PRODUCTION WELL :5 NO. 20 UTILITY EASEMENT z w Z ::J ~I~ w S87"38'03"W 180.29' N 1/2 OF THE NW 1/4 OF THE NW 1/4 FOLIO NO.: 00433360003 ~: C.R.-COUNTY ROAD R/W - RIGHT-QF-WAY O.R. - OFF1CIAL RECORDS BOOK/PAGE P.O.B.-POINT OF BEGINNING P.O. C.-POINT OF COMMENCEMENT DESCRIPTION OF A PARCEL LYING IN THE NOR1H 1/2 OF THE NORTHWEST 1/4 OF THE NOR1HWEST 1/4 OF SECTION 23, TOWNSHIP 50 SOU1H, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 23, THENCE RUN NB7'38'03"E, A DISTANCE OF 100,16 FEET ALONG THE NORTH LINE OF SAID NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN SOO'SO'44·W, A DISTANCE OF 30.05 FEET ALONG THE EAST LINE OF THE HENDERSON CREEK CANAL RIGHT-Of-WAY TO THE POINT OF BEGINNING; THENCE RUN NB7'3S'03"E, A DISTANCE OF 65.29 FEET ALONG THE SOUTH LINE OF A ROAD AND UTILITY EASEMENT AS RECDRDED IN OFFICIAL RECORDS BOOK 1099, PAGE 2277, PUBLIC RECORDS OF COWER COUNTY, FLORIDA. A LINE THAT RUNS PARALLEL TO SAID NORTH LINE; THENCE RUN S02'21'57·E A DISTANCE OF 40.00 FEET; THENCE RUN N87"38'03·E, A DISTANCE OF 50,00 FEET ALONG A LINE THAT RUNS PARAl..l£L TO SAID SOU1H EASEMENT LINE; THENCE RUN N02·21'57·W A DISTANCE OF 40.00 FEET; THENCE RUN N87"38'03"E, A DISTANCE OF 65.00 FEET ALONG A LINE 1HAT RUNS PARALlEL TO SAID NOR1H LINE; 1HENCE RUN SOO'50'44·W A DISTANCE OF 100.16 FEET ALONG A LINE 1HAT RUNS PARALlEL TO SAID EAST RIGHT-Of-WAY LINE; THENCE RUN S87"3B'03"W, A DISTANCE OF 180.29 FEET ALONG A LINE THAT RUNS PARALLEL TD SAID SOUTH EASEMENT UNE TO SAID EAST RIGHT-Of-WAY LINE: THENCE RUN NOO'50'44"E A DISTANCE OF 100.16 FEET ALONG SAID EAST RIGHT-OF-WAY UNE TO THE POINT OF BEGINNING. CONTAINING 16,029 SQUARE FEET OR 0.37 ACRES, MORE OR LESS. ~ 1HE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECTION 23. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83Î90. THIS IS NOT A SURVEY ~EY C. COONER AND ASSOCIATES. INC. SUR'ÆY1NG AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEY1NGOCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRA'MII BY: JRF CHECKED BY: J.N.W. PARCEL DESCRIPTION: WELL NO. 20 DATE: B/26/04 SCALE: 1·-60' TEMP. CONSlRUCTION EASEMENT IN THE NW 1/4 OF THE NW 1/4 OF SEC 23-50-26 PROJECT No: 020901 -----~ . 'MLKISON (FOR 1HE FIRM LB6773) PR SlONAL SURVEYOR AND MAPPER FLO IDA ~~ENSE NO!,,! LS 4876 THIS a.. A Y OF £::z!::; 2004. REV: 10/20/04 DWG No:SEC23W-TCE(TC20 SHEET: 1 OF 1 EXHIBIT /I page~of~ PROJECT -.Jo~9.;l \ PARCEL QC) \ , FOLIO rJ() L( ~ 3~(P q¿D~ SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 20 IN THE NW 1/4 OF THE NW 1/4 OF SECllON 23, TWP 50 S, RGE 26 E, COLUER COUNTY, FLORIDA P.O.C. NW COR SECTION 23 N87"38'03"E 100.16'-... V NORTH LINE OF" THE N 1/2 OF" THE NW 1/4 OF" THE NW 1/ì4 PROPOSED 20' UTILITY EASEMENT I t - -- -\ - b EXISilNG ROAD AND ~LI~ _ ~ - - - EASEMENT 0.R.1099/2277 b I") j. L~ ìW I") iii '" en ~ e<: :.: ¡:: LaJ cj 0 LaJ I.¡J 5~ I/) I.¡J ~c:: z I/);;l :;¡ c::z ¡¡: \oJ < Co 15 J: ~ïg- - ~g . I" o OJ _ N~38'03°E ~2L N87"38'03°E 50.00' - S P.O.B. S ~ ~ .,. \oJ . ,... ~ II} ~ ~ N 0 0 '" z S87'38'03'W 50.00' \oJ Z :;¡ ¡¡: ....... c:: - ¡\oJ IŒY; C.R.-COUNTY ROAD R/W - RIGHT-OF-WAY O.R. - OFFlCIAL RECORDS BOOK/pAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT N 1/2 OF THE NW 1/4 OF THE NW 1/4 FOUO NO.: 00433360003 DESCRIPTION OF A PARCEl LYING IN THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4- OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT 1}IE NORTHWEST CORNER OF SAID SECTION 23, THENCE RUN N87'38'03"E, A DISTANCE OF 100.16 FEET ALONG THE NOR1}I LINE OF SAID NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN S00"50'44"W, A DISTANCE OF 30.05 FEET ALONG THE EAST LINE OF THE HENDERSON CREEK CANAL RIGHT-OF-WAY; THENCE RUN N87"38'03°E, A DISTANCE OF" 65.29 FEET ALONG THE SOUTH LINE OF A ROAD AND UTILITY EASEMENT AS RECORDED IN OFF1CIAL RECORDS BOOK 1099, PAGE 2277, PUBLIC RECORDS OF COWER COUNTY, FLORIDA, A LINE THAT RUNS PARAllEL TO SAID NORTH LINE TO THE POINT OF BEGINNING; THENCE CONTINUE N87"38'03"E. A DISTANCE OF 50.00 FEET ALONG SAID SOUTH EASEMENT LINE; THENCE RUN S02"21'57"E A DISTANCE OF 40.00 FEET; THENCE RUN S87'38'03"W, A DISTANCE OF 50.00 FEET ALONG A LINE THAT RUNS PARALLEL TO SAID NORTH LINE; THENCE RUN N02'21'57"W A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 2.000 SQUARE FEET OR 0.05 ACRES, MORE OR LESS. --~---~.:._-- JA N. WILKISON (FOR 1}IE FIRM LB6773) PR ESSlONAL SURVEYOR AND MAPPER FLORIDA LICENSE N<b L£ 4876 THISr~~AY OF ~ 2004. ~ THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED· ON A AELD SURVEY OF SECllON 23. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FlA. EAST ZONE. '83Î9D. THIS IS NOT A SURVEY ~EY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNG@COONER.COM _ CUENT: GREELEY AND HANSEN. LLC DRAWN BY: JRF CHECKED BY: J.N.W. PARCEL DESCRIPllON: WELL NO. 20 DATE: 8/26/04 SCALE: 1"-30' IREV: 10/20/04 PRODUCTION WELL UllLlTY EASEMENT IN TH . NW 1/4 OF THE NW 1/4 OF SEC 23-50-26 PROJECT. No: 020901 DWG NO:SEC2JW-TCE(P20)ISHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 7 of 242 EXHIBIT-A- page-Í-of /t,.Õ PROJECT '1 o~9 2.1 PARCEl 1 Úd-... FOLIO (fj "I ~~~(oao3 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTUUCTION) SKETCH AND DESCRIPTION OF A 80' TEMPORARY CONSTRUCTION EASEMENT IN THE NW 1/4 OF THE NW 1/4 OF SECTION 23, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA NORTH UNE Of THE N 1/2 OF THE NW 1/4 OF THE NW 1/4 PROPOSED 20' UTILITY EASEMENT u:¡ en ;:;¡ 5 ~ 15 UJ I: 15 ;¡: P.O.C. NW COR SECTION 23 N87'38'03"E 100.16'" - ;¡: in ~~ ...0 cO') !O o o (/) 786.86 --- EXISTING ROAD A~TY. EASEMENT O.R. 1099/2271 g NBT38'03"E l.IJin P.O.B. . 0 ~~ ~ ~ I S87'38'03"W J 180.29' L ::.:: ... ... 5~ ~a:: (/);;J, a::z UJ< ~u UJ :I: PROPOSED TEMPORARY J CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO. 21 1 PROPOSED PRODUCTION WELL j NO. 20 UTILITY EASEMENT --- PROPOSED TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO. 20 N 1/2 OF THE NW 1/4 OF THE NW 1/4 FOLIO NO.: 00433360003 100' ~: C.R.-COUNTY ROAD F.P.&L-FLORIDA POWER & LIGHT CO. R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS BOOKjPAGE P.O.B.-POINT OF BEGINNING P.O. C.-POINT OF COMMENCEMENT DESCRIPTION OF A 30-FOOT SìRlP OF LAND LYING IN THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 23, TO\\NSHIP 50 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 23, THENCE RUN N87'38'03"E, A DISTANCE OF 100.16 FEET ALONG THE NORTH UNE OF SAID NORTH 1/2 OF THE NORTHWEST 1¡'4 OF THE NORTHWEST 1/4; THENCE RUN SOO'SO'44'W, A DISTANCE OF 30.05 FEET ALONG THE EAST UNE OF THE HENDERSON CREEK CANAL RIGHT-OF-WAY; THENCE RUN N87'38'03"E, A DISTANCE OF 180.29 FEET ALONG THE SOUTH UNE OF A ROAD AND UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 1099, PAGE 2277, PUBLIC RECORDS OF COLUER COUNTY, FLORIDA, SAID UNE RUNNING PARALLEL TO SAID NORTH UNE, TO THE POINT OF BEGINNING; THENCE CONTINUE N87'38'03"E, A DISTANCE OF 786.94 FEET ALONG SAID SOUTH EASEMENT UNE; THENCE RUN SOI"OO'27'W A DISTANCE Of 30.05 FEET; THENCE RUN S87'38'03"W, A DISTANCE OF 786.86 FEET ALONG A UNE THAT RUNS PARALLEL TO SAID NORTH UNE; THENCE RUN NOO'50'44"E A DISTANCE OF 30.05 FEET TO SAID SOUTH EASEMENT UNE TO THE POINT OF BEGINNING. CONTAINING 23,607 SQUARE FEET OR 0.54 ACRES, MORE OR LESS. ~ t:IQIE¡ A ~ _ THE PARCEL BEARING, DISTANCES, AND AREAS --- - __..Y-.~~___ CALCULATED ARE BASED ON A FIELD SURVEY OF JAM N. WlU<ISON (FOR THE FIRM LB6773) SECTION 23. BASIS OF BEARING: STATE PLANE ~~~IS~~~S~U~¡ ~~~ MAPPER COORDINATE SYSTEM, FLA. EAST ZONE. '83(90. THIStd,dJ DAY ()f>-", 2004. lHlS IS NOT A SURVEY £fFREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD.. SUITE 4, FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX; (239)217-7179 EMAIL: SURVEYlNGCCOONER.COM CUENT: GREElEY AND HANSEN, LLC DRAWN BY: JRF CHECKED BY: J.N.W. PARCEL DESCRIPTION; DATE: 8/26/04 SCALE: 1"-60' TEMP. CONSTRUCTION EASEMENT IN THE NW 1/4 OF THE NW 1/4 OF SEe 23-50-26 PROJECT No: 020901 DWG No:SEC23T-AE(TC1) '0 _ L -- r- in;¡: ~~ 0') is õ (/) Ag nda Item No. 10D January 11, 2005 Page 8 of 242 EXH'B1T4 page~of I PROJECT ~<ïšC¡ :1.\ PARCEL O;;l." FOLIO (t)L{3:S3{IJOOO 3 SKETCH AND DESCRIPTION OF A UTILITY EASEMENT IN THE NW 1/4 OF THE NW 1/4 OF SECTION 23, TWP 50 S, RGE 26 E, COLUER COUNTY, FLORIDA w .... N ßN N87'38'03"E ê~ o~ ß~ 10:'.~' Ñã¡3ë'~ 155.26 ~ t"I ON 0' Õ cn w iE;- 15';:;- s.~ %~ ~!5 !5~ UJ¡¡t 3% w ~ P.D.C. ~ NW COR Q. SECTION 23 I" ~ o. 00 N87'38'03"E cn ~ 100.1¡¡' - - NORTI-I LINE OF lHE N 1/2 OF TI-IE NW 1/4 OF lHE NW 1/4 'b ¡¡t . i' S'I 155.26 S87'J8'03"W iñ "'~ Ii % d 0 F u I~ 15 1>= I~ ~ 5~ zO:: 0...1 cnoO( ffi~ Ou æi ;¡: 15' N 1/2 OF THE NW 1/4 OF THE NW 1/4 FOLIO NO.: 00433360003 170' f.P.&:L. R/W EASEMENT 100' I:ŒY: C.R.-COUNTY ROAD F.P.&:L-FLORIDA POWER &: LIGHT R/W - RIGHT-OF-WAY O.R. - OFF1CIAL RECORDS BOOKjPAGE P.O.B.-POINT OF BEGINNING P.O. C.-POINT OF COMMENCEMENT DESCRIPTION OF A SlRlP OF LAND LYING IN TI-IE NORlH 1/2 OF TI-IE NORlHWEST 1/4 OF TI-IE NORTl-lWEST 1/4 OF SECTION 23, TOWNSHIP 50 SOUlH, RANGE 26 EAST. COWER COUNTY, FLORIDA: COMt.4ENCING AT THE NORTHWEST CORNER OF SAID SECTION 23, THENCE RUN N87'J8'03"E, A DISTANCE OF 100.16 FEET ALONG lHE NORTH UNE OF SAID NORTH 1/2 OF THE NORTl-lWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN SOO'50'44"W, A DISTANCE OF 10.02 FEET ALONG THE EAST LINE Of THE HENDERSON CREEK CANAL RIGHT-OF-WAY TO THE POINT OF BEGINNING; lHENCE RUN N87·38'03"E. A DISTANCE OF 1067.46 fEET ALONG A UNE THAT RUNS PARALlEL TO SAID NORTH LINE; lHENCE RUN N01-o0'27"E A DISTANCE OF 10.02 FEET ALONG A LINE THAT RUNS PARALlEL TO lHE EAST LINE OF SAID NORTH 1/2 Of lHE NORTHWEST 1/4 OF THE NORlHWEST 1/4 TO SAID NORlH LINE: THENCE RUN N87'38'03"E. A DISTANCE OF 15.02 FEET ALONG SAID NORlH LINE; TI-IENCE RUN S01-o0'27"W A DISTANCE OF 10.02 FEET ALONG A LINE lHAT RUNS PARAlLEL TO SAID EAST UNE; THENCE RUN N87'38'03"E, Á DISTANCE OF 155.26 FEET ALONG A LINE TI-IAT RUNS PARALlEL TO SÞ.!D NORTH UNE TO SÞ.!D EAST UNE; THENCE RUN S01'OO'27"W A DISTANCE OF 20.03 FEET ALONG SAID EAST LINE; THENCE RUN S87'38'03"W, A DISTANCE OF 155.26 FEET ALONG THE SOUTH LINE OF A ROAD AND UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 1099, PAGE 2277, PUBLIC RECORDS OF COWER COUNTY, FLORIDÁ, A UNE TI-IAT RUNS PARALlEL TO SAID NORTH LINE; THENCE RUN S01'00'27"W A DISTANCE OF 100.92 FEET ÁLONG A LINE THAT RUNS PARAlLEL TO SÞ.!D EAST LINE; THENCE RUN N88'59'33"W, A DISTANCE OF 15.00 FEET TO THE WEST LINE OF A 170-FOOT FLORIDA POWER ÁND LIGHT RIGHT-OF-WAY EASEMENT; THENCE RUN N01'00'27"E A DISTANCE OF 100.03 FEET ALONG SAID WEST EASEMENT LINE, SAID LINE RUNNING PARALlEL TO TI-IE SAID EAST LINE; THENCE RUN S87'38'03"W, A DISTÁNCE OF 1067.40 FEET ALONG SAID SOUTH UNE Of SAID ROAD AND UTILITY EASEMENT TO THE EAST LINE OF THE HENDERSON CREEK CANAL RIGHT-Of-WAY; THENCE RUN NOO'SO'44"E, Á DISTANCE OF 20.03 FEET ALONG SAIO EAST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. CONTAINING 2&,412 SQUARE FEET OR 0.61 ACRES, MORE OR LESS. __~~J..J£~ JAM N. WILKISON (FOR THE FIRM LB6773) PRO SSIONAL SURVEYOR AND MAPPER FLOR~~~ENSE NO~ ~ 4876 THIS AY OF ~ 2004. I t:IQ]f; THE PARCEL BEARING, DISTANCES. AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY Of SECTION 23. BASIS OF BEÁRING: STATE PLANE COORDINATE SYSTEM. FLA. EAST ZONE, '83/90. THIS IS NOT A SURVEY -EFFREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-072.2 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CUENT: GREElEY Þ.ND HANSEN, LLC ORAWN BY: JRF CHECKED BY: J.N.W. PARCEL DESCRIPllON: DATE: 8/26/04 SCALE; 1"..60' REV: 10/20/D4 UTlUTY EASEMENT IN THE NW 1/4 OF TI-IE NW 1/4 OF SEC 23-50-26 PROJECT No: 020901 DWG No:SEC23T-ÞlE(P1) SHEET: 1 Of 1 Ag nda Item No.1 00 January 11, 2005 Page 9 of 242 EXHIBIT ..L Page~of~ PROJECT ~OR4.;z , PARCEl 1o~ FOLIO £04 ?.,~:1.,,(JDI:Q3 TEMPORARY CONSTRUCTION EASEMENT ¡DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO. 21 IN THE NW 1/4 OF THE NW 1/4 OF SECTION 23, TWP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA NORll-t LINE OF ll-tE N 1/2 OF ll-tE NW 1/4 OF ll-tE NW 1/4 P.O.C. NW COR SECTION 23 NBI38'03:! PROPOSED UTILITY EASEMENT ~ 1167.64' EXISTING ROAD ÃÑOUl1L1~ - EASEMËNTO.R.109972277 ~.4L NB7'38'03"E ì'õ I') '" "I Ii z c5 0 :: () w V) w Z ::ï 3: I I I ¡;¡ o CQ PROPOSED PRODUCTION WELL NO. 21 UTILITY EASEMENT ... ~~ "13: .......z -w z~ UJu. ~O ~~ UJ3; ~Z WW i!: N 1/2 OF THE NW 1/4 OF THE NW 1/4 FOLIO NO.: 00433360003 170' F.P.&L EASEMENT ~: C.R.-COUNTY ROAO F.P.c!cL-FLORIOA POWER c!c LIGHT R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS BOOK/PAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT ~ ..... "I å o z S8ï38'03"W 100.17' I DESCRIPTION OF A PARCEL LYING IN ll-tE NORll-t 1/2 OF "THE NORll-tYÆ:ST 1/4 OF "THE NORll-tYÆ:ST 1/4 OF SECTION 23, TOWNSHIP 50 SOOll-t, RANGE 26 EAST, COWER COUNTY, FLORIDA: COUMENONG AT ll-tE NORTHYÆ:ST CORNER OF SAID SECTION 23, THENCE RUN N87"38'03"E, A DISTANCE OF 1167.64 FEET ALONG "THE NORll-t LINE OF SAID NOR"TH 1/2 OF "THE NORll-tWEST 1/4 OF "THE NOR"THWEST 1/4; "THENCE RUN S01'OO'27"W, A . DISTANCE OF 30.05 FEET WEST ALONG "THE YÆ:ST LINE OF A 170-FOOT flORIDA POWER AND LIGHT RIGHT-OF-WAY EASEMENT, SAID LINE RUNNING PARALLEL TO THE EAST LINE OF SAID NORTH 1/2 OF "THE NOR"THWEST 1/4 OF THE NORTHYÆ:ST 1/4, TO "THE POINT OF BEGINNING; "THENCE CONTINUE S01'00'27"W, A DISTANCE OF 60.00 FEET ALONG SAID WEST RIGHT-OF-WAY EASEMENT LINE; "THENCE RUN N88"59'33"W. A DISTANCE OF 40.00 FEET: "THENCE RUN S01'00'27"W A DISTANCE OF 60.00 FEET ALONG A LINE "THAT RUNS PARALLEL TO SAID EAST LINE; "THENCE RUN S88'59'33"E, A DISTANCE OF 40.00 FEET TO SAID WEST RIGHT-OF-WAY EASEMENT LINE: "THENCE RUN S01'OO'27"W, A DISTANCE OF 60.31 FEET ALONG SAID WEST RIGHT-OF-WAY EASEMENT LINE: "THENCE RUN S87'38'03"W, A DISTANCE OF 100.17 FEET ALONG A LINE THAT RUNS PARALLEL TO SAID NOR"TH LINE; THENCE RUN NOI'OO'27"E A DISTANCE OF 180.31 FEET ALONG A LINE THAT RUNS PARALLEL TO SAID EAST LINE; "THENCE RUN N87"38'03"E, A DISTANCE OF 100.17 FEET ALONG 'THE SOu"TH LINE OF A ROAD AND UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 1099, PAGE 2277, PUBLIC RECORDS OF COl1.lER COUNTY, flORIDA, A LINE ll-tAT RUNS PARALLEL TO SAID NORTH LINE 'THE POINT OF BEGINNING. ~:~_T I~ 1::¿~R 0.36 ACRES, MORE OR LESS. JA N. WILKISON (FOR 'THE FIRM LB6773) PR SSlONAL SURVEYOR AND MAPPER FLORIDA I,JCENSE NO,",Lli876 "THIS"~'I>AY OF ..Q.tI:; 2004. t'mt; "THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASEO ON A FIELD SURVEY OF SECTION 23. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83/90. lHlS IS NOT A SURVEY ~fREY C. COONER AND ASSOCIATES, INC. SURVEYING AND It.IAPPING 3900 COLONIAL BLVD., SUITE 4, FORT It.lYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, l1.C DRAWN BY: JRF CHECKED BY: J.N.W. PARCEL DESCRIPTION: YÆ:11. NO. 21 DATE: 6/26/04 SCALE: 1"-60' TEMP. CONS1RUCTION EASEMENT IN THE NW 1/4 OF THE NW 1/4 OF SEC 23-50-26 PROJECT No: 020901 DWG NO:S[(;23W-TCE(TC21) SHEET: 1 OF 1 REV: 10/20/04 Ag nda Item NO.1 00 January 11 , 2005 Page 10 of 242 EXHIBIT --1L page~of It.$' PROJECT ..JO'?-..q 2. I PARCEl 'Y:;o3 FOLIO 0';4 s3?>/o (XX) ~ SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE NW 1/4 OF THE NW 1/4 OF SECllON 23, TWP 50 S, RGE 26 E, COLL1ER COUNTY, FLORIDA P.O.C. NORìH UNE Of THE NW COR N 1/2 Of' ìHE NW 1/4 SECTION 23 OF ìHE NW 1/4 8' " 1182.6 N87'38'~ L --v'--õISTINGRÕÃD AND UTlU.!!.- - EASEMENT 0:R.109972277 g . g ---1õ>" 'b ~ ,... ;r: "- N ß i1i 155.26' C! S87'J8'03"W 155.26' N87'38'03"E 155.26' -~ iõ 0> ~ ci z Ú 0 5 N 1/2 OF THE NW 1/4 I~ OF THE NW 1/4 z FOUO NO.: ~ I:J 00433360003 I ~ ,;r: º PROPOSED 1S' P U~UTY 5 I ~~COUNn' ROAD EASEMENT ------: f.P.&L-FLORIDA POWER & UGHT CO. R/W - RIGHT-Of-WAY O.R. - OFFICIAL RECORDS BOOK/PAGE P.O.B.-POINT Of BEGINNING P.O.C.-POINT Of' COMMENCEMENT ñ o g ~ -t ;r: z~ ~::::- ~;r: Zz ww ¡:¡: bb P.O.B. #2 170' F.P.&:L. RjW EASEMENT N88"59'33"W 155.00' w z :J w DE'SCRIPTlON Of PARCELS OF LAND LYING IN ìHE NORìH 1/2 Of ìHE NORìHWEST 1/4 OF ìHE NORìHWEST 1/4 OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNn', flORIDA: (1)COMMENClNG AT THE NORTHWEST CORNER OF SAID SECTION 23, "THENCE RUN N87'3B'03"E, A DISTANCE Of 1182.68 FEET ALONG "THE NORTH UNE Of SAID NOR"TH 1/2 Of THE NORTHWEST 1/4 OF "THE NORTHWEST 1/4 TO "THE POINT Of BEGINNING; "THENCE CONTINUE N87'38'03"E, A DISTANCE OF 155.26 FEET ALONG SAID NOR"TH UNE TO THE EAST UNE Of SAID NOR"TH 1/2 OF ìHE NORìHWEST 1/4 Of THE NOR"THWEST 1/4; ìHENCE RUN S01'OO'27"W A DISTANCE Of 10.02 FEET ALONG SAID EAST UNEõ "THENCE RUN SB7'38'03"W, A DISTANCE Of 155.26 FEET ALONG A UNE PARALLEL TO SAID NORTH UNE; THENCE RUN N01'OO'27"E A DISTANCE OF 10.02 FEET ALONG A UNE "THAT RUNS PARALLEl. TO SAID EAST UNE TO "THE POINT Of BEGINNING; AND; (2)Cot.tMENClNG AT "THE NORTHWEST CORNER OF SAID SECTION 23, "THENCE RUN N87·38'03"E. A DISTANCE Of 1182.68 FEET ALONG ìHE NORìH UNE Of SAID NOR"TH 1/2 Of 'THE NORTHWEST 1/4 OF 'THE NORìHWEST 1/4; "THENCE RUN S S01'OO'27"W A DISTANCE OF 30.05 FEET ALONG A UNE THAT RUNS PARALLEL TO ìHE EAST UNE OF "THE NOR"TH 1/2 Of' THE NOR"THWEST 1/4 OF "THE NOR"THWEST 1/4 OF SAID SECTION 23 TO THE POINT OF BEGINNING; ìHENCE RUN N87'38'03"E, A DISTANCE OF 155.26 FEET ALONG "THE SOU"TH UNE OF A ROAD AND UTlUn' EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 1099, PAGE 2277, PUBUC RECORDS OF COWER COUNn', flORIDA, A UNE THAT RUNS PARALLEL TO SAID NOR"TH UNE TO SAID EAST UNE; THENCE RUN S S01"OO'27"W A DISTANCE OF 110.03 FEET ALONG SAID EAST UNE; THENCE RUN N68·S9'33"W. A DISTANCE OF 155.00 FEET; "THENCE RUN N01"OO'2ïE A DISTANCE OF 100.92 FEET ALONG A UNE "THAT RUNS PARALLEL TO SAID EAST UNE TO "THE POINT Of BEGINNING. CONTAINING 17,9()4 SQUARE FEET OR 0.41 ACRES, MORE OR LESS. I tIQIE; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A F1ELD SURVEY OF SECTION 23. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FlA. EAST ZONE, '83(90. THIS IS NOT A SURVEY d:.t-fKEY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FlORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CUENT; GREElEY AND HANSEN, U.C DRAWN BY: JRF CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 6/26/04 SCALE: 1"-60' REV: 10/20/04 ACCESS EASEMENT IN THE NW 1/4 OF "THE NW 1/4 Of SEC 23-50-26 PROJECT No: 020901 DWG No:SEC23T-AE(AE1) SHEET: 1 Of 1 N. - WILKISON (FOR ìHE F1RM LB6773) PR SS10NAL SURVEYOR AND MAPPER FlO~ UèENSE NO. y¡ 4876 "THIS _4AY OF ~ 2004. Ag nda Item No.1 00 January 11, 2005 Page 11 of 242 EXHIBIT A Page-z'-0f Ii.õ' PROJECT 'l© ~2..1 PARCEL :) FOLIO (;()4 ~~(nCl'D3 SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 21 IN THE NW 1/4 OF THE NW 1/4 OF SEC110N 23, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA P.O.C. / NW COR NORìH LINE OF ìHE N 1 2 SEC110N 23 OF ìHE NW 1/4 OF ìHE NW 1/4 1167.64' --- N87'3B'03.:! _ _ ->/' EXISTING ROAD AND Ul1L1TY "'st""" o:R. "" ,"""" ~ L I I t') iõ N m ~ 0:: ¡:: Ù u w II) w Z ::J ;¡: PROPOSED UTILITY EASEMENT --- S88'59'33"E 40.00' P.O.B. 1170' F.P.&L. EASEMENT N 1/2 OF THE NW 1/4 OF THE NW 1/4 FOUO NO.: 00433360003 lIJ ~. NO . 0 ßÓ ~'" o z ~ " - ",0 . 0 ßÓ ~'" o (/) IŒ.Y: C.R.-COUNTY ROAD F.P.&L.-FLORIOA POWER & LIGHT R/W - RIGHT-OF-WAY O.R. - OmaAL RECORDS BooKjPAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT N88'59'33"W 40.00' ... !5~ ;¡: ~z ~w zj!: ~!5 ú..... o~ lIJ;¡: ŠZ W.., j!: DESCRIPTION OF A PARCEL LYING IN ìHE NORìH 1/2 OF ìHE NORìHWEST 1/4 OF ìHE NORìHWEST 1/4 OF SEC110N 23, TOWNSHIP 50 SooìH, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT ìHE NORìHWEST CORNER OF SAID SEC110N 23, ìHENCE RUN N87'38'03"E, A DISTANCE OF 1167.64 FEET ALONG T1iE NORìH LINE OF SAID NORìH 1/2 OF ìHE NORìHWEST 1/4 OF ìHE NORìHWEST 1/4; ìHENCE RUN S01'00'27"W, A DISTANCE OF 90.05 FEET WEST ALONG ìHE WEST LINE OF A 170-FOOT FLORIDA POWER AND LIGHT RIGHT-OF-WAY EASEMENT, SAID LINE RUNNING PARALL.£L TO ìHE EAST LINE OF SAID NORìH 1/2 OF ìHE NORTIiWEST 1/4 OF ìHE NORTIiWEST 1/4, TO TIiE POINT OF BEGINNING; TIiENCE CONTINUE S01'OO'27"W, A DISTANCE OF 60.00 FEET AlONG SAID WEST RIGHT-OF-WAY EASEMENT LINE; ìHENCE RUN N88'59'33"W, A DISTANCE OF 40.00 FEET; T1iENCE RUN N01'OO'27"E A DISTANCE OF 60.00 FEET ALONG A LINE ìHAT RUNS PARALlEl.. TO SAID EAST LINE; TIiENCE RUN SB8'59'33"E, A DISTANCE OF 40.00 FEET TO TIiE POINT OF BEGINNING. CONTAINING 2,400 SQUARE FEET OR 0.06 ACRES. MORE OR LESS. --~- . - -~----- JA N. W\LJ<ISON (FOR THE FIRM LB6773) PR SSIONAL SURVEYOR AND MAPPER FLORIP.A I,.!ÇENSE NQ. L~ _4876 ìHIS"Z..~AY OF ~ 2004. ~ ìHE PARCEL BEARING, DISTANCES, AND AREAS CAlCULATED ARE BASED ON A AELO SURVEY OF SEC110N 23. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83(90. THIS IS NOT A SURVEY ~EY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., sum: 4, FORT MYERS, FLORIDA 33912 . PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN. LLC DRAWN BY: JRF CHECKED BY: J.N.W. PARCEL DESCRIPTION: WELL NO. 21 DATE: 8/26/04 SCAlE: 1"-30' REV: 10/20/04 PRODUCTION WELL UTlUTY EASEMENT IN TH NW 1/4 OF THE NW 1/4 OF SEC 23-50-26 PROJECT No: 020901 DWG NO:SEC2JW-TCE(P21) SHEET: 1 OF 1 Ag nda Item No. 10D January 11, 2005 Page 12 of 242 EXHIBIT II page-1-of I"'S- PROJECT '103'12.1 PARCEL lot{ FOLIO rot- . ~y \(d)(1"f~ TEMPORARY CONSTRUCTION EASEMENT (DURA TlON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) ----,----~-------~ SKETCH AND DESCRIPTION OF A 80' TEMPORARY CONSTRUCTION EASEMENT IN THE NE 1/4 OF THE NW 1/4 OF SECTION 23, TWP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA PROPOSED 20' UTILITY EASEMENT NORTH LINE OF THE NE 1/4 OF THE NW 1/4\ EXISllNG ROAD AND UllLl~ - EASEMENT OR98f7295 g N87'38'03"E P.O.C. NW COR SECllON 23 N87'38'03"L, iõ '" 0> N ci Z U 0 ¡::: u w (J) I~ :J 13: 05 P.O.B. '" VI -~in .....0 N . . 0 55'" S87'38'03"W 1157.43' 5 z F.P.&L R/W EASEMENT ..¡-~ ';:::-- w3: zz ww ŠiE 3:~ NE 1/4 OF THE NW 1/4 FOUO NO.: 00434160008 -"....-. PROPOSED TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO. 22 KEY: C.R.-COUNTY ROAD F.P."'L-FLORIDA POVÆ:R '" LIGHT CO. R/W - RIGHT-OF-WAY O.R. - OFFlCIAL RECORDS BOOKjPAGE P.O. B.-POINT OF BEGINNING P.O. C.-POINT OF COMMENCEMENT DeSCRIPTION OF A 30-FOOT STRIP OF LAND LYING IN THE NORTHEAST 1/4 OF THE NORTHVÆ:ST 1/4 OF SECTION 23, TOVfNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: COMMENCING AT THE NORTHVÆ:ST CORNER OF SAID SECllON 23, THENCE RUN NB7"38'03"E, A DISTANCE OF 1337.94 FEET ALONG THE NORTH LINE OF THE NORTHVÆ:ST 1/4 OF THE NORTHVÆ:ST 1/4: THENCE RUN S01'OO'27"W, A DISTANCE OF 30.05 FEET ALONG THE VÆ:ST LINE OF SAID NORTHEAST 1/4 OF THE NORTHVÆ:ST 1/4 TO THE POINT OF BEGINNING; THENCE RUN NB7'38'03"E, A DISTANCE OF 1157.51 FEET ALONG THE SOUTH LINE OF A ROAD AND UllLlTY EASEMENT AS RECORDED IN OFFlClAL RECORDS BOOK 981, PAGE 295, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A LINE THAT RUNS PARALLEL TO THE NORTH LINE OF SAJD NORTHEAST 1/4 OF THE NORTHVÆ:ST 1/4; THENCE RUN S01"09'57"W A DISTANCE OF 30.06 FEET; THENCE RUN SB7'38'03"W, A DISTANCE OF 1157.43 FEET ALONG A LINE THAT RUNS PARALLEL TO SAID NORTH LINE, THENCE RUN N01'00'27"E, A DISTANCE OF .30.05 FEET ALONG SAID VÆ:ST LINE TO THE POINT OF BEGINNING; CONTAINING .34,724 SQUARE FEET OR O.BO ACRES, MORE OR LESS. ;- ~~Rn;~~.;; LB677J) P~~:~ SURVEYOR AND MAPPER FLORiD;" UÇENSE NQ., ~ 4876 THI§L?~AY OF ~ 2004. MQIE; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECTION 23. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83(90. THIS IS NOT A SURVEY ~t'I(EY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD.. SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNG@COONER.COM CUENT: GREELEY AND HANSEN. LLC DRAWN BY: JRF CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 8/26/04 SCALE: '"-60' REV: '0/20/04- TEMP. CONSTRUCTION EASEMENT IN THE NE 1/4 OF "THE NW 1/4 OF SEC 23-50-26 PROJECT No: 020901 DWG No:SEC23T-AE(TC2) SHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 13 of 242 ~~H~BIJ 1ô PROJECT ~()~q21 PARCEL q()y: FOLIO C()t.ß4IGCXi) g SKETCH AND DESCRIPTION OF A 20' UTILITY EASEMENT IN 111E NE 1/4 OF THE NW 1/4 OF SECllON 23, TWP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA NORTH UNE OF THE NW 1/~ OF THE NW 1/~ P.O.C. NW COR SECllON 23 N87"38'~"L ~ w~ ¡!:z ~~ w..... 50 ..,. w'-. NOR11-I UNE OF 11-IE NE 1/4 OF THE NE 1/~ OF THE NW 1/4 1337.91' ""~ 0, ~.rn '" p 5 CI) ¡¡; I') '" N Ii ð cJ F= U IJJ CI) I~ -' I~ 1337.86' S87"36'03·W 5 z .,¡..,¡. '-.'-. ~~ w z F.P.&L R/W EASEMENT w~ zz ww 5¡!: ~\:¡ NE 1/4 OF 111E NW 1/4 FOLIO NO.: 00434160008 ~: C.R.-COUNTY ROAD F.P.&L.-FLORIDA POWER & LIGHT R/W - RIGHT-OF-WAY O.R. - OmCIAL RECORDS BOOK/PAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT DESCRIP1l0N OF A 20-FOOT S1RIP OF LAND LYING IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECllON 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 23, THENCE RUN N87'38'03"E, A DISTANCE OF 1337.9~ FEET ALONG 11-IE NORTH UNE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN S01·OD'27·W, A DISTANCE OF 10.02 FEET ALONG THE WEST LINE OF SAID NORTHEAST 1/4 OF THE NORTH'lÆST 1/4 TO THE POINT OF BEGINNING; THENCE RUN N87"38'03"E, A DISTANCE OF 1337.91 FEET ALONG A UNE THAT RUNS PARALLEL TO THE NORTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST'I/4 TO THE EAST LINE OF SAID NORTHEAST 1/4 OF "THE NORTHWEST 1/4; THENCE RUN S01'09'S7·W A DISTANCE OF 20.0~ FEET ALONG SAID EAST LINE; THENCE RUN S87'38'03"W, A DISTANCE OF 1337.86 FEET ALONG 11-IE SOUTH LINE OF A ROAD AND UTILITY EASEMENT AS RECORDED IN OFFlCIAL RECORDS BOOK 981, PAGE 295, PUBLIC RECORDS OF COWER COUNTY, FLORIDA, SAID UNE RUNNING PARAlLEL TO SAID NORTH LINE. THENCE RUN NOI·00'27·E, A DISTANCE OF 20.03 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING; CONTAINING 26,758 SQUARE FEET OR 0,61 ACRES. MORE OR LESS. ~~~-(FOR THE -;.;~ LB6773) ~:i"~AL SORVEYOR AND MAPPER FLORJP~ UCENSE NQ, L? 4876 THIS~AY OFQ.s:à:: 2004. NQIE; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A nELD SURVEY of SECllON 23. BASIS OF BEARING: STAiE PLANE COORDINAiE SYSTEM. FLA. EAST ZONE, '83/90. THIS IS NOT A SURVEY .Jt.t "KEY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FlORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNG©COONER.COM CUENT: GREElEY AND HANSEN, LlC DRAWN BY: JRF CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 8/26/04 SCALE: 1"=60' REV: 10/20/04 UTILITY EASEMENT IN THE NE 1/~ OF THE NW 1/4 OF SEC 23-50-26 PROJECT No: 020901 DWG No: SEC23T-AE(P2) SHEET: 1 OF 1 Ag nda Item NO.1 00 January 11 , 2005 Page 14 of 242 EXHIBIT1 Page....l£-of ~ PROJECT '1 o~q l ~ PARCEL 10S" FOLIO COL.í~I(d)a:)'x TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS .'ROM COMMENCEMENT OF CONSTRUCnON) SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO. 22 IN THE NE 1/4 OF THE NW 1/4 OF SECTION 23, TWP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA NORTH UNE OF THE NE 1/' OF THE NW 1/4l \! _ _ _ EXÏ5T1ÑG RõAD AND UTlU1'Y 19 ,. _ - - -EASEMENTo:R. 981/295 ~ ~ g ;:; -; NB7'3S'03"E 1~7'36'03"E 0> _ 65.34' g¡ '" '" ð 65.00' P.O.B e '" 0 c '" ~:i'! m ~g_ g~ g g r.ii, . r.ii PROPOSED 20' - "i." -. UTILITY ... 1"1 N87'38'03 E ,. EASEMENT h ~ ~ m m PROPOSED PRODUCTION WELL P P NO. 22 UTILITY EASEMENT 0(1) o z P.O.C. NE CORNER OF THE NE 1/4 OF THE NW 1/4 ID: C.R.-COUNTY ROAD R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS BOOKjPAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT S87'38'03"W 180.34' ~ ~... ..., z_ ...~ ¡!:z ~~ !i~ ::¡ ... NE 1/4 OF THE NW 1/4 FOLIO NO,: 00434160008 DESCRIPTION Of A PARCEL L Y1NG IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 23. TOWNSHIP 50 SOU1H, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, THENCE RUN S01'09'57"W, A DISTANCE OF 30.06 FEET ALONG THE EAST UNE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4 TO THE POINT OF BEGINNING; THENCE CONTINUE S01'09'S7"W 100.19 FEET ALONG SAID EAST UNE; THENCE RUN S87'38'03"W, A DISTANCE OF 180.34 FEET ALONG A UNE THAT RUNS PARALLEL TO THE NORTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE RUN N01'09'57"E, A DISTANCE OF 100.19 FEET ALONG A UNE THAT RUNS PARAlLEL TO SAID EAST UNE; THENCE RUN N87'38'03"E, A DISTANCE OF 65.34 FEET ALONG THE SOUTH UNE OF A ROAD AND UTlUTY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 981, PAGE 295. PUBUC RECORDS OF COWER COUNTY, FLORIDA, A UNE THAT RUNS PARALlEL TO SAID NORTH UNE; THENCE RUN S02"21'57"E A DISTANCE OF 40.00 FEET; THENCE RUN N87'38'03"E, A DISTANCE OF 50.00 FEET ALONG A UNE THAT RUNS PARAJ.LEL TO SAID NORTH UNE; THENCE RUN N02'2"5ïW A DISTANCE OF 40.00 FEET; THENCE RUN N87'38'03"E, A DISTANCE OF 65.00 FEET ALONG SAID SOUTH EASEMENT UNE TO THE POINT OF BEGINNING. CONTAINING 15,634 SQUARE FEET OR 0.36 ACRES. MORE OR LESS. _~"v _ .:-.;~______ JA N. WILKISON (FOR THE FIRM L.B6773) P SIONAL SURVEYOR AND MAPPER FLORIDA. UCf:NSE N.q. !,¿ 4876 THIS ~Y OF~ 2004. I wrIE: THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECTION 23. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '63/90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIA 1ES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, flORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGiOCOONER.COM CUENT: GREElEY AND HANSEN, LLC DRAWN BY: JRF CHECKED BY: J.N.W. PARCEL DESCRIPTlON: WELL NO. 22 DATE: 8/26/04 SCALE: 1"-60' TEMP. CONSTRUCTION EASEMENT IN THE NE 1/4 OF THE NW 1/4 OF SEC 23-50-26 PROJECT No: 020901 DWG NO:SEC;l3W-TCE( REV: 10/20/04 SHEET: 1 OF 1 Ag nda Item No. 10D January 11, 2005 Page 15 of 242 EXHIBITL Page-LL- of ~ PROJECT ~ PARCEl o.rJ~ FOl TO m~~4-\ ((1()()()'X SKETCH AND DESRCIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL UTILITY NO. 22 IN THE NE 1/4 OF THE NW 1/4 OF SECll0N 23, TWP 50 S, RGE 26 E, COlLtER COUNTY, FLORIDA NORTIi UNE OF TIiE NE 1/4 Of mE NW 1/4l ---- 1 EXISTING ROAD AND UllUTY - . EASEMËÑT M. 981/295" g "0 N S8ï38'03"W 50.00' P.O.C. NE CORNER OF TIiE NE 1/4 OF TIiE NW 1/4 PROPOSED 20' UTILITY EASEMENT ~ Ù>" 010 g~ Õ If) ~7"3B'03"US,00' P.O.B. ~ \08 fj~ N o Z ~ ::;~ z_ w ~. It) þ ¡:¡ If) w~ j!:Z ....w oj!: ......... Zo ::; ..... N87'38'03"E 50.00' NE 1/4 OF THE NW 1/4 FOUO NO.: 00434160008 K.E:í: C.R.-COUNTY ROAD R/W - roGHT-OF-WAY O.R. - omClAL RECORDS BOOK/pAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT DESCRIP110N OF A PARCEL LYING IN TIiE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 23, TOY/NSHIP 50 SOUTH, RANGE 26 EAST. COWER COUNTY, FLORIDA: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, TIiENCE RUN SOl "09'57"W, A DISTANCE OF 30.06 FEET ALONG TIiE EAST UNE OF SAlD NORTHEAST 1/4 OF THE NORTIiWEST 1/4; THENCE RUN SB7'38'03"W, A DISTANCE OF 65.00 FEET ALONG TIiE SOUTIi UNE OF A ROAD AND UT1UTY EASEMENT AS RECORDED IN OmCIAL RECORDS BOOK 981. PAGE 295. PUBUC RECORDS OF COWER COUNTY, FLORIDA, A UNE TIiAT RUNS PARALLEL TO 'THE NORTIi UNE OF SAlD NORTIiEAST 1/4 OF TIiE NOR'THWEST 1/4 TO 'THE POINT OF BEGINNING; 'THENCE CONTINUE SB7"38'03"W, A DISTANCE OF 50.00 FEET ALONG SAID SOU'TH EASEMENT UNE; 'THENCE RUN S02'21'57"E A DISTANCE OF 40.00 FEET; TIiENCE RUN NB7"38'03"E, A DISTANCE OF 50.00 FEET ALONG A UNE 'THAT RUNS PARALLEL TO SAID NORTIi UNE; 'THENCE RUN N02'21'S7"W A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 2,000 SQUARE FEET OR 0.06 ACRES. MORE OR LESS. MQ]f; 'THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A ~ELD SURVEY OF SECTION 23. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83í90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAll.: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JRF CHECKED BY: J.N.W. PARCEL DESCRIPllON: WELL NO. 22 DATE: B/26/04 SCALE: 1"-30' REV: 10/20/04 PROOUCll0N WELL UllUTY EASEMENT IN 'TH NE 1/4 OF 'THE NW 1/~ OF SEC 23-50-26 PROJECT No: 020901 DWG No:SEC2.JW-TCE(P22) SHEET: 1 OF 1 S N. 'WILKISON (FOR 'THE FIRM LB6773) FESSIONAL SURVEYOR AND MAPPER FLORI!:¡~ UÇENSE NQ. ~4876 'THIS '~AY OF 'Q 2004. Ag nda Item NO.1 00 January 11, 2005 Page 16 of 242 EXHIBIT--L Page~of~ ,PROJECT ~ PARCEl FOLIO OJ4Ito~;~rX"yo SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE SW 1/4 OF THE SW 1/4 OF SECllON 14. TWP 50 S. RGE 26 E, COLLIER COUNTY, FLORIDA NORTH UNE OF THE S 1/2 OF ~ THE S 1/2 OF THE SW 1/4 OF I _ THE SW 1/4 NB7"37'19"E 155.24' S 1/2 OF THE S 1/2 OF THE SW 1/4 OF THE SW 1/4 FeUO NO.: 00416720000 ¡... o ~~ ~.... , ~~ ~:J: VI VI I<!L.J j!:F.... ~~)- L.J..,¡:J: Z'VI ::¡-L.J ¡-Vlj!: VII<! i5j!:~ ~.-J :J: 10 I") ¡" ;of" ~ in F.P.&L. R/W EASEMENT 170' ~: F.P.c!cL-FLORJDA POWER c!c UGHT CO. R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT o I- W Z ~¡:~ ~;dti3 0::>--« Q.::>w ..... 10 I") ¡" ;of" 8 z P.O.C. ~w CORNER OF SECllON 14 --- NBT38'03"E P.O.B. 155.24' - - - SBT3B'03'W 11B2.69' '- SOUTH UNE SECll0N 14 DESCRIP1l0N OF A PARCEL OF LAND LYING IN THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECllON 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLUER COUNTY. FLORIDA: COt.IMENClNG AT THE SOUTHWEST CORNER OF SAID SECTION 14, THENCE RUN NB7'3B'03'E, A DISTANCE OF 1,1B2.69 FEET ALONG THE SOUTH UNE OF SAID SECTION TO THE POINT OF BEGINNING; THENCE RUN NOO'49'35'E, A DISTANCE OF 335.07 FEET ALONG A UNE RUNNING PARAu.EL TO THE EAST UNE OF SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN NB7"37'19·E. A DISTANCE OF 155.24 FEET ALONG THE NORTH UNE OF SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4: THENCE RUN SOO'49'35'W, A DISTANCE OF 335.10 FEET ALONG SAID EAST UNE; THENCE RUN SB7"38'03'W, A DISTANCE OF 155.24 FEET ALONG THE SOUTH UNE OF SAID SECT10N 14 TO THE POINT Of' BEGINNING. CONTAINING 51,944 SQUARE FEET OR 1.19 ACRES, MORE OR LESS. ___J.~_______~ ~ THE PARCEL BEARING, DISTANCES. AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SEC1l0N 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE. 'B3Î90. N. WILKISON (FÔR THE FIRM LB6773) P SSIONAL SURVEYOR AND MAPPER FL IDA lJ~NSE No.. ~ 4876 THIS :2..-~Y OF ~ 2004. THIS IS NOT A SURVEY -EFFREY C. COONER AND ASSOOA TES. INC. SURVEY1NG AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT t.4YERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 £t.4AIL: SURVEY1NGCCOONER.COt.4 CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIP1l0N: DATE: 8/3/04 SCAlE: 1'·100' ACCESS EASEMENT IN THE SW ~ OF THE SW 1/4 OF SEC 14-50-26 PROJECT No: 020901 REV: 10/20/04 DWG No:SEC14T-AE(AEI3 SHEET: 1 OF 1 Ag nda Item No. 10D January 11, 2005 Page 17 of 242 EXHIBIT~ Page-ª-of ~ PROJECT ~()~q z. \ PARCEL qOlP FOLIO 00tfl(012rxX)() SKETCH AND DESCRIPTION OF A 15' UTILITY EASEMENT IN THE SW 1/4 OF THE SW 1/4 OF SECllON 14, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA NORTH UNE OF THE S 1/2 OF ~ THE S 1/2 OF THE SW 1/4 Of 1_ 11-IE SW 1/4 ~ ~~ '- 15.02' , N87'37'19"E 15.... <'I' ,- -~ (1)111 WW ¡!:¡!:.... ~ !5!5:=:- ~ w<'l~ w Z'VI b ::::;"-L¿J o .-Vl¡!: z VI W ~¡!:!5 I .----l j. S 1/2 OF THE S 1/2 OF 1HE SW 1/4 OF THE SW 1/4 FOLIO NO.: 00416720000 ¡... o ~ I') ~ . It) I') ÒJ :t' o o (I) F.P.&L. R/W EASEMENT 170' 15'- - ~: F.P.&L-FLORIDA POWER &: UGHT CO. R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT II.! :0 I') ¡" '!" o o z ¡... o iii ~ P.O.C. ~w CORNER Of SECTlON 14 --- S87'38'03"W P.O.B. ~ .--- 15.02' 1167.67' \. ., _ _ --- "-- SOU11-I UNE SECTlON 14 N87'3B'03"E - DESCRIPll0N Of A 15-FOOT STRIP Of LAND LYING IN THE SOU11-I 1/2 OF 11-IE SOU11-I 1/2 OF THE SOUTHWEST 1/4 OF THE SOU11-IWEST 1/4 Of SECll0N 14, TOWNSHIP 50 SOU11-I, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT 11-IE SOUTHWEST CORNER Of SAID SECTlON 14, 11-IENCE RUN N87'38'03"E, A DISTANCE OF 1,167.67 FEET ALONG THE SOUTH UNE OF SAID SECTlON TO THE POINT Of BEGINNING; THENCE RUN NOO'49'35"E, A DISTANCE OF 335.07 FEET ALONG THE WEST UNE OF A nO-FOOT FLORIDA POWER AND UGHT COMPANY RIGHT-OF-WAY EASEMENT, SAID UNE RUNNING PARALlEL TO THE EAST UNE Of SAID SOUTH 1/2 OF THE SOU11-I 1/2 OF THE SOUTHWEST 1/4 OF THE SOU11-IWEST 1/4: THENCE RUN NB7'37'19"E, A DISTANCE OF 15.02 FEET ALONG 11-IE NOR11-I UNE Of SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4: 11-IENCE RUN SOO'49'35"W, A DISTANCE OF 335.07 FEET ALONG A UNE THAT IS PARALlEL TO SAID EAST UNE; 11-IENCE RUN SBì38'03"W, A DISTANCE OF 15.02 FEET ALONG 11-IE SOU11-I UNE OF SAID SECTlON 14 TO THE POINT Of BEGINNING. CONTAINING 5,026 SQUARE FEET OR 0.12 ACRES, MORE OR LESS. ~~f JAM N. WlU<ISON (FOR THE FIRM LB6773) PR SSIONAL SURVEYOR AND MAPPER FLORID-ðUœNSE N<h~ 4876 THIS ~ Y OF ç¿q::;. 2004. ~ 11-IE PARCEL BEARING, DISTANCES. AND AREAS CALCULA'ŒD ARE BASED ON A FlELD SURVEY OF SECTlON 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE. '83(90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIA 1ES. INC. SURVEYING AND t.4APPING 3900 COLONIAL BLVD., SUITE 4, FORT t.4YERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 Et.4AIl: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN. LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTlON: DATE: 8/3/04 SCALE: 1"-100' I REV: 10/20/04 15' UTlUTY EASEMENT IN 11-IE SW 1/4 OF THE SW 1/4 OF SEC 14-50-26 PROJECT No: 020901 DWG NO:SECI4T-AE(PI3) .SHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 18 of 242 EXHIBIT A Page...1;L.of ~ PROJECT 'loXci Z. \ PARCEL <¡Sú1 FOLIO (Y).YI~fl("O(y~ SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN iHE SW 1/4 OF iHE SW 1/4 OF SECTION 14, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA N87"36'34"E 155.24' 't5... "'....... .......~ ~;r; Zlll w'" j!:¡!:... 't5~~ ..."'~ z.......1II ::J~w ,..III¡!; 111... ï:i¡!;'t5 \ NORTH UNE OF THE N 1/2 OF '--- THE S 1/2 OF THE sW 1/4 OF THE SW 1/4 Ì() È) iii ~ o I- W Z gj>-w Oa..5ð -'" 0::1-<1: a..::>w ;r; to 0") ~ ~ N 1/2 OF TIiE S 1/2 OF TIiE SW 1/4 OF TIiE SW 1/4 ~ F.P.&L-FLORIDA POWER & LIGHT CO. R/W - RIGHT-OF-WAY P.O. B.-POINT OF BEGINNING P.O. C.-POINT OF COMMENCEMENT 170' I<J ~ F.P.&L. R/W EASEMENT ~ 8 z FOUO NO.: 00416760002 SOUni UNE OF THE N 1/2 OF (THE S 1/2 OF THE SW 1/4 OF THE SW 1/4 P.O.B. 155.24' S87'37'19"W . ,w ....10 +~~.gOONER Of ~~ 't5~~ SECTION 14 :::J~ ~;;; §i1 ::JU1U1 - - - N87'38'03'E v^"82.69''-S~;U~ SECTION 14 §~: DF:SCRIPTION OF A PARCEL OF LAND LYING IN niE NORTH 1/2 OF THE SOUni 1/2 OF 1HE SOUTHWEST 1/4 OF 1HE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 50 SOUni, RANGE 26 EAST, COLUER COUNTY, FLORIDA: COMMENCING AT 11-IE SOUniWEST CORNER OF SAID SECTION 14, niENCE RUN N87"38'03"E, A DISTANCE OF 1,182.69 FEET ALONG THE SOUni UNE OF SAID SECTION; niENCE RUN NOO'49'35"E, A DISTANCE OF 335.07 FEET ALONG A UNE THAT RUNS PARAlLEL TO niE EAST UNE OF 1HE SOU11-IWEST 1/4 OF THE SOU1HWEST 1/4 TO niE POINT OF BEGINNING; 11-IENCE CONTINUE NOO'49'35"E, A DISTANCE Of 335.07 FEET ALONG A LINE RUNNING PARAlLEL TO niE EAST UNE OF SAID NORTH 1/2 Of THE SOUTH 1/2 Of 11-IE SOUTHWEST 1/4 OF niE SOUTHWEST 1/4; THENCE RUN N87'36'34'E, A DISTANCE OF 155.24 FEET ALONG THE NOR11-I UNE OF SAID NORTH 1/2 OF 11-IE SOU11-l 1/2 OF THE SOU11-IWEST 1/4 OF niE SOUTHWEST 1/4; THENCE RUN SOO'49'35"W, A DISTANCE OF 335.10 FEET ALONG A UNE THAT IS PARAlLEL TO SAID EAST UNE; THENCE RUN S87'37'19"W, A DISTANCE OF 155.24 FEET ALONG niE SOU1H UNE Of THE NORTH 1/2 OF THE SOU1H 1/2 OF THE SOUTHWEST 1/4 OF THE SOUniWEST 1/4 TO THE POINT OF BEGINNING. CONTAINING 51,939 SQUARE FEET OR 1.19 ACRES, MORE OR LESS. I:i.QlE¡ niE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECTION 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83/90. ___J~__ JAM . WILKISON- (FOR THE FIRM LB6773) PRO SSIONAL SURVEYOR AND MAPPER FLORIDA UCENSE NQ.. L? 4876 THIS~~AY Of Q.Lzf:.. 2004. - THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD.. SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGCCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 8/3/04 SCALE: 1'-100' REV: 10/20/04 ACCESS EASEMENT IN THE SW 1/4 OF THE SW 1 4 OF SEC 14-50-26 PROJECT No: 020901 DWG No:SEC14T-AE(AE12 SHEET: 1 OF 1 Ag nda Item No, 100 January 11, 2005 Page 19 of 242 EXHIBIT A Page--1£.... of I" 5'" PROJECT ~()~4z..l PARCEL 0 FOLIO my \ lP'l{oCXY)2. SKETCH AND DESCRIPTION OF A 15' UTILITY EASEMENT IN THE SW 1/4 OF THE SW 1/4 OF SEC1l0N 14, TWP 50 S, RGE 26 E, COWER COUNTY, FL RIDA ~ .... 0"" N....... .......- -~ ZVl WW ¡;i="" 1515; WN~ Z.......VI ::¡-W .....Vlj; Vlw ¡5i=\5 "'- NOR'!tI LINE OF '!tiE N 1/2 OF '!tiE 5 1/2 OF "THE SW 1/4 OF 1tIE SW 1/4 15.02' N87';56'34"E ~ iii f') I') N 1/2 OF THE S 1/2 OF THE SW 1/4 OF THE SW 1/4 ~ ~ Õ> :'" 8 z ¡.. 170' ~ F.P.&L. R/W ~ EASEMENT FOUO NO.: 00416760002 ID: F.P.&tL-FLORIDA POWER &t UGHT CO. R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT SOU1tl LINE OF 1tIE N 1/2 OF ( 1tIE S 1/2 OF 1tIE SW 1/4 OF "THE SW 1/4 P.O.B. S87'37'19"W 15.02' P.O.C. ...."""" -+SW CORNER OF 0.............. SECì10N 14 !i! ; ; :::¡VIVI I-WW ___ ~i=i= N67'36'03"E W 15 DESCRIPì10N OF A 15-FOOT STRIP OF LAND LYING IN 1tIE NOR11-I 1/2 OF 11-IE SOU1tI 1/2 OF 11-IE SOU1tIWEST 1/4 OF 11-IE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COWER COUNTY, FLORIDA: . COMMENaNG AT TIiE SOUTHWEST CORNER OF SAID SECì10N 14, 11-IENCE RUN N87'38'03"E, A DISTANCE OF 1,167.67 FEET ALONG "THE SOU11-I UNE OF SAID SECTION; "THENCE RUN NOO'49'35"E, A DISTANCE OF 335.07 FEET ALONG A UNE 11-IAT RUNS PARAI.i£L TO "THE EAST UNE Of THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 TO "THE POINT OF BEGINNING; "THENCE CONTINUE NOO'49'35"E, A DISTANCE OF 335.07 FEET ALONG 1tIE WEST UNE OF A 170-FOOT FLORIDA POWER AND UGHT COMPANY RIGHT-OF-WAY EASEMENT, SAID UNE RUNNING PARAu.EL TO THE EAST UHE Of SAID NOR"TH 1/2 OF THE SOUTH 1/2 OF 11-IE SOUTHWEST 1/4 OF "THE SOUTHWEST 1/4: THENCE RUN N87'36'34"E, A DISTANCE OF 15.02 FEET ALONG THE NOR"TH UNE OF SAID NORTH 1/2 OF 11-IE SOUTH 1/2 OF 11-IE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN SOO'49'35"W, A DISTANCE OF 335.07 FEET ALONG A UNE THAT IS PARAu.EL TO SAID EAST UNE; THENCE RUN S67"37'19"W, A DISTANCE OF 15.02 FEET ALONG THE SOUTH UNE OF SAID NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 TO THE POINT OF BEGINNING. CONTA (NG 5,026 SQUARE FEET OR 0.12 ACRES, MORE OR LESS. _J.~-- N. WILKISON (FOR THE FIRM LB6773) PR SSlONAL SURVEYOR AND MAPPER FLORI.tJA I)CENSE NQ. ~. 4876 THIS<~J )AY OF~ 2004, milE; 11-IE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECTION 14. BASIS OF BEARING: STAlE PLANE COORDINAlE SYSlEM, FLA. EAST ZONE, '83í90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOOA TES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNG@COONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: DAlE: 6/3/04 SCAlE: 1"~100' REV: 10/20/04 15' UTlUTY EASEMENT IN THE SW 1/4 OF THE SW 1 4 OF SEC 14--50-26 PROJECT No: 020901 DWG No:SEC14T-AE(P12) SHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 20 of 242 EXHIBIT~ Page...!Lof ~ PROJECT -.:]o<6q 2.\ PARCEL U>~ FOLIO eX) 4- \ '14 CŸ1w L. SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE SW 1/4 OF THE SW 1/4 OF SEC1l0N 14, TWP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA N87'35' 49"E 155.24' \. NORll-i UNE OF 'THE S 1/2 OF '-- ll-iE N 1/2 OF 'THE SW 1/4 OF THE SW 1/4 S 1/2 OF THE N 1/2 OF THE OF THE SW 1/4 FOLIO NO.: 00417400002 SW 1/4~ ¡ ~ I I ~ on "'I ~ F.P .&L. R/W ~ EASEMENT 170' .- o .... w z ~ç~ IIJ R/W - RIGHT-OF-WAY ~2~ I ~ P.O.B.-POINT OF BEGINNING a.. => w '" P.O. C.-POINT Of COMMENCEMENT SOU1H UNE OF ll-iE S 1/2 OF ~ ('THE N 1/2 OF ll-iE SW 1/4 OF z THE SW 1/4 m: F.P.&L-FLORIDA POWER & UGHT CO. IrP.O.B. 1/ 155.24' S87"36'34"W P.O.C. -' SW CORNER OF SECll0N 14 --- N87'38'03"E w ~~ óò> ....~ cog Z J' --~ 1182.69''- SOUll-i UNE SECTION 14 ò ;j ~ j~ ~~ !5", ~~ /. (I] LULU ¡!:j;", !5~::- LU~~ z~ :J LU ...z¡!: (l]LU ~¡!:!5 W . !5~~ ~;; :Jill(/) I-LUIIJ ~¡!:j; W IJ.. o DESCRIPTION OF A PARCR OF LAND LYING IN 1HE SOU1H 1/2 OF ll-iE NORll-i 1/2 OF "!HE SOUll-i\'ÆST 1/4 OF "!HE SOU1H\'ÆST 1/4 OF SECTION 14, TOWNSHIP 50 SOU"!H, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT 1HE SOUTH\'ÆST CORNER OF SAID SECTION 14, THENCE RUN N87'38'03"E, A DISTANCE OF 1,182.69 FEET AlONG ll-iE SOUTH ÚNE OF SAID SECTION; 1HENCE RUN NOO'49'35"E, A DISTANCE OF 670.14 FEET ALONG A UNE ll-iAT RUNS PARALlEL TO 'THE EAST UNE OF "!HE SOUll-iWEST 1/4 OF 1HE SOU1HWEST 1/4 TO ll-iE POINT OF BEGINNING; "THENCE CONTINUE NOO'49'35"E, A DISTANCE OF 335.07 FEET ALONG A UNE RUNNING PARALlEL TO ll-iE EAST UNE OF SAID SOU"TH 1/2 OF ll-iE NOR"TH 1/2 OF "THE SOU1H\'ÆST 1/4 OF "THE SOU"THWEST 1/4; ll-iENCE RUN N8i"35'49"E, A DISTANCE OF 155.24 FEET ALONG THE NORTH UNE OF SAID SOUTH 1/2 OF "!HE NORTH 1/2 OF "!HE SOUTHWEST 1/4 OF THE SOUll-iWEST 1/4; THENCE RUN SOO·49'35"W. A DISTANCE OF 335.10 FEET ALONG SAID EAST UNE; "THENCE RUN S87'36'34"W, A DISTANCE OF 155.24 FEET AlONG THE SOU"TH UNE OF SAID SOUTH 1/2 OF "!HE NOR"TH 1/2 OF "THE SOU"!HWEST 1/4 OF "THE SOUll-iWEST 1/4 TO ll-iE POINT OF BEGINNING. ~AM--~~THËÃRM LB6773) PRo~J~i SURVEYOR AND MAPPER FLORIDA UCENSE NO.ALS" .0\876 THIS~PoAY or ~ 2004. CONTAINING 51,939 SQUARE FEET OR 1.19 ACRES, MORE OR LESS. tiQIE; ll-iE PARCEL BEARING, DISTANCES, AND AREAS CAlCULATED ARE BASED ON A FJElD SURVEY OF SECTION 14. BASIS Of BEARING: STA1'E PLANE COORDINA1'E SYS1'EM, FLA. EAST ZONE, '83/90. THIS IS NOT A SURVEY Ð'FREY C. COONER AND ASSOCIA 1ES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, flORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIl: SURVEYlNG@COONER.COM ._ CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEl DESCRIPTION: DATE: 8/3/04 SCALE: 1"-100' IREV: 10/20/04 ~ ACCESS EASEMENT IN THE SW 1/4 I OF iHE SW 1-/4 OF SEC 14-50-26 PROJECT No: 020901 DWG NO:SECl4T-AE(AE11J1SHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 21 of 242 EXHIBIT ¡¡ Page--L1--of I'~ PROJECT 'lO~l12 \ PARCEL C~)~ F Oll 0 GOlf 114 GOOf) 7 SKETCH AND DESCRIPTION OF A 15' UTILITY EASEMENT IN THE SW 1/4 OF THE SW 1/4 OF SECllON 14, TWP 50 S, RGE 26 E, COLUER COUNTY, FLORIDA '-- , " 15.02' N87'35' 49"E ... 0.- "'........ ........- -;I: (l tn WW ~~.. 1S1S~ w~;I: z.;:-V') :J W f-z~ Vlw j~lS t~ ~~ 1. NOR'TH LINE OF THE S 1/2 OF 'THE N 1/2 OF THE SW 1/4 OF THE SW 1/4 S 1/2 OF THE N 1/2 OF THE SW 1/4 OF THE SW 1/4 FOUO NO.: 00417400002 ¡.. o tt:i .... .... ;I: ~ .... å> -:t" o ¡¡¡ F.P.&L. R/W EASEMENT 170' 15'- I-- KEY: F.P.&:L-FlORIDA POWER &: LIGHT CO. R/W - RIGHT-Of-WAY P.O. B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT SOUTH LINE Of THE S 1/2 OF r'THE N 1/2 OF THE SW 1/4 OF THE SW 1/4 P.O.B.~ ¡.oJ on .... å> -:t" 8 z ¡.. o tt:i .... .... S87"36' 34"W ,-..-- 15.02' W ~ !') å> -:t" o o z W ~;,. < . P .O.C. ... .. .. -+SW CORNER OF ~ d 0................ SECTION 14 is :;; ~ ; ; Z :J~VI V' - -.-/ f-WW - - - N87'3B'03"E 1167.67''--- SOUTH LINE SECTION 14 ~ ~; DESCRIPllON Of A 15-FOOT S1RIP OF LAND LYING IN 'THE SOUTH 1/2 OF THE NOR'TH 1/2 OF THE SOU'THWEST 1/4 Of THE SOUTHWEST 1/4 OF SECllON 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FlORIDA: COMMENCING AT THE SOU'THWEST CORNER OF SAID SECTION 14, THENCE RUN N87·38'03"E. A DISTANCE OF 1,167.67 FEET ALONG THE SOUTH LINE OF SAID SECTION; THENCE RUN NOO'49'35"E, A DISTANCE OF 670.14 FEET ALONG A LINE THAT RUNS PARALLEL TO 'THE EAST LINE OF 'THE SOUTHWEST 1/4 OF 'THE SOU'THWEST 1/4 TO "THE POINT OF BEGINNING; THENCE CONTINUE NOO'49'35"E, A DISTANCE Of 335.07 FEET ALONG THE WEST LINE OF A 17e-FOOT FLORIDA POWER AND LIGHT COMPANY RIGHT-Of-WAY EASEMENT, SAID LINE RUNNING PARALLEL TO "THE EAST LINE Of SAID SOUTH 1/2 OF 'THE NORTH 1/2 OF THE SOU"THWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN N8T35'49"E, A DISTANCE OF 15.02 FEET ALONG THE NORTH LINE OF SAID SOU"TH 1/2 OF THE NOR"TH 1/2 OF "THE SOU"THWEST 1/4 OF 'THE SOUTHWEST 1/4; "THENCE RUN SOO'49'35"W, A DISTANCE OF 335.07 FEET ALONG A LINE 'THAT IS PARALLEL TO SAID EAST LINE: THENCE RUN S87"36'34"W, A DISTANCE OF 15.02 FEET ALONG THE SOU'TH LINE OF THE SOU"TH 1/2 OF "THE NOR'TH 1/2 OF 'THE SOUTHWEST 1/4 OF "THE SOUTHWEST 1/4 TO THE POINT OF BEGINNING. CONTAINING 5;025 "SQUARE FEET OR 0.12 ACRES, MORE OR LESS. ___~_.. __JÞ!.~ JAMES . WILKISON (FOR THE ARM LB6773) PRO SIONAL SURVEYOR AND MAPPER FLORIQt\ JJCENSE NO-,- L,S 4876 THISr~DAY OF ~ 2004. t!.Ol.E; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECTION 14. BASIS OF BEARING: STA1E PLANE COORDINA1E SYSTEM. FLA. EAST ZONE, '83(90. THIS IS NOT A SURVEY h.-REV C. COONER AND ASSOCIA1ES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNG@COONER.COM CUENT: GREELEY AND HANSEN. LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 8/3/04 SCALE: 1"-100' . REV: 10/20/04 15' UllUTY EASEMENT IN 'THE SW 1/4 OF T} E SW ,¡¡ OF SEC 14-50-26 PROJECT No: 020901 DWG NO:SEC14T-AE(P11) .SHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 22 of 242 EXH\BIT L page..l!- of .JJL PROJECT ~O'Xg Z. \ PARCEL lac¡ FOLIO e)(? 4115 2.a)()Ol TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) ________.u.___" SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO. 19 IN THE NW 1/4 OF THE SW 1/4 OF SEC1l0N 14, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA (I :! 1 Õ I ¡:: u w I/) ~ w Z ::J l- I/) ( ~ PROPOSED PRODUCTION WELL NORiH UNE OF 11-IE S '/2 Of THE NO. 19 UTILITY S '/2 OF NW '/4 OF 11-IE SW 1/4 ""\ EASEMENT \ N87"34'19"E PROPOSED 20' 65.19' wb N87"34'19"E UTILITY EASEMENT ·~â b ~ 63.96' in..r o· N 50.00' Ó ~ ~ N87'3419 E C'oI.~ V) N o z ~ w W 0::: () z~ 0""-.. (1)0::: o:::-! ~< zZ w< :J:() '00-'6' _ - Ñá7oj¡"9"E P.D.B. :;c ""-.. o:::w .....Z (/):3 < w w . ~<D Có ~o 0..- o Z S 1/2 OF THE S 1/2 OF NW 1/4 DF THE SW 1/4 180.30' S87"34'19"W FOUO NO.: 00418200007 ;..¡ ..- ó co P.O.C. SW CORNER Of SECTION H / SCU11-I UNE SECTION 14 w:: F.P.&L-FlORIDA POWER & UGHT CO. R/W - RIGHT-Of-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT DESCRIPTION Of A PARCEl OF LAND LYING IN 11-IE SOU11-I 1/2 OF iHE SooiH 1/2 OF 11-IE NORiHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION '4, TOWNSHIP 50 SOO11-l, RANGE 26 EAST. COWER COUNTY, FLORIDA: COMIdENCING AT 11-IE SOUTHWEST CORNER OF SAID SECTION 14, iHENCE RUN N00'50'44"E, A DISTANCE OF 1573.93 FEET AlONG iHE WEST UNE OF SA1D SECTION: lMENCE RUN NS7"34'19"E, A DISTANCE OF 100.16 FEET TO iHE EAST RIGHT-Of-WAY UNE OF HENDERSDN CREEK CANAl AND TO 11-IE POINT OF BEGINNING; 11-IENCE RUN N00'50'44"E, A DISTANCE Of 100.16 FEET ALONG SAID EAST RIGHT-Of-WAY UNE TO THE NORiH UNE OF SA10 SCU11-l 1/2 OF 11-IE SOUiH 1/2 OF iHE NORiHWEST 1/4 OF iHE SOUiHWEST 1/4; iHENCE RUN NS7"34'19"E, A DISTANCE OF 65.19 FEET ALONG THE NORTH UNE OF SAID SOUTH 1/2 OF THE SOUTH 1/2 OF iHE NORTHWEST 1/4 Of THE SOU111WEST 1/4; THENCE RUN S02"25'41"E, A DISTANCE OF 40.00 FEET; THENCE RUN N87"34'19"E, A OISTANCE OF 50.00 FEET ALONG A UNE 111AT RUNS PARAU..EL TO SAID NORiH UNE; THENCE RUN N02"25'41"W, A DISTANCE OF 20.00 FEET; iHENCE RUN N87'34'19"E, A DISTANCE OF 63.96 FEET ALONG ALONG A UNE THAT RUNS PARALLEL TO SAID NORiH UNE; THENCE RUN S00'50'44"W, A DISTANCE OF 80.13 FEET; THENCE RUN S87"34'19"W, A DISTANCE OF 180.30 FEET ALONG A UNE iHAT RUNS PARALlEL TO SAID NORiH UNE TO SA1D EAST RIGHT-OF-WAY UNE AND TO iHE POINT OF BEGINNING. CONTAINING1+~~.9 SQUARE FEET OR 0.34 ACRES, MORE OR LESS. ~iE;~ nŒA'; ""773) PRO~<:~U8VEYOR AND MAPPER FLORJP_A )..lCENSE NQ..l,S .04S76 THIS¿.2dlOAY OF t.2!:d::::. 2004. HQ:œ; iHE PARCEL BEARING, DISTANCES, AND AREAS CAlCULATED ARE BASED ON A FIELD SURVEY OF SECTION 14. BASIS Of BEARING: STATE PLANE COORDINATE SYSTEM. FlA. EAST ZONE, '83Î90. ,- 1HIS IS NOT A SURVEY S"FREY C. COONER AND ASSOCIATES. tNe. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGCÞCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: WELL NO. 19 DA1E: 8/23/04 SCALE: 1"·60' TEMP. CONSlRUCTION EASEMENT IN iHE NW 1/4 OF THE SW 1/4 OF SEC 14-50-26 PROJECT No: 020901 REV: 10/20/04 I DWG NO:SEC14W-TCE(1C19 SHEET: 1 OF 1 Ag nda Item NO.1 00 January 11, 2005 Page 23 of 242 EXHIBIT A Page-!!-of (,õ PROJECT 'lOZ1 Z I PARCEL ~~ FOLIO C041~Z.Ò~XX)'1 SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 19 IN 1HE NW 1/4 OF 1HE SW 1/4 OF SECTION 14, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA I I (rc 165.35' ( ~ ~ èn W W z 0 Q:: 0 ..¡: ü ¡:::: " (,) CD z3: Iii ~I 0"'- I V>Q:: ~ I 0:: I W--.J ~ ~ I 0< zz I :J "<t w< I- "<t Iü (/) - ~~ 0 0 z NOR1H LINE OF 1HE S 1 /2 OF 1HE S 1/2 OF NW 1/4 OF 1HE SW 1/4 \ NBT34'19"E , ~ 50 00' W PROPOSED 20' . ~'b UTILITY P 0 ~ ::> :t 0 EASEMENT ... ~ g ~~ - 10 0 f'4 50.00' V> N ~ SB7·34'19"W S 1/2 OF THE S 1/2 OF NW 1/4 OF 1HE SW 1/4 FOUO NO.: 00418200007 IŒï: F.P.&:L.-FLORIDA POWER &: LIGHT CO. R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT i~ ~~ P.O.C. SW CORNER OF SECTION 14 / SOUTH LINE SECTION 14 ~'---- j. DESCRIPTION OF A PARCEL OF LAND LYING IN 1HE SOU1H 1/2 OF 1HE SOUTH 1/2 OF THE NOR1HWEST 1/4 OF THE SOU1HWEST 1/4 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA: COIAIAENCING AT 1HE SOU1HWEST CORNER OF SAID SECTION 14, THENCE RUN NOO'50'44"E, A DISTANCE OF 1674.09 FEET ALONG THE WEST LINE OF SAID SECTION; THENCE RUN N87"34'19"E, A DISTANCE OF 165.35 FEET TO THE POINT OF BEGINNING; 1HENCE CONllNUE N87'34'19"E, A DISTANCE OF 50.00 FEET ALONG THE NOR1H LINE OF SAID SOUTH 1/2 OF 1HE SOUTH 1/2 OF 1HE NORTHWEST 1/4 OF THE SOU1HWEST 1/4; THENCE RUN S02"25'41"E, A DISTANCE OF 40.00 FEET; THENCE RUN S87'34'19"W, A DISTANCE OF 50.00 FEET ALONG A LINE 1HAT RUNS PARALlEL TO SAID NORTJ-t LINE; 1HENCE RUN N02·25'41"W. A DISTANCE OF 40.00 FEET TO 1HE POINT OF BEGINNING. CONTAINING 2.000 SQUARE FEET OR 0.05 ACRES. MORE OR LESS. ~;~K~~-;'~ LB6773) PR~i~~ SURVEYOR AND UAPPER FLORIOA L)ÇENSE NO. LS 4876 THIS 7-"'.....<t>A Y OF i.2!:ii::. 2004. tiQIE; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECllON 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83(90. THIS IS NOT A SURVEY \I:.t~REY C. COONER AND ASSOCIA lES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNG~OONER.COt.t CUENT; GREELEY AND HANSEN, LLC DRAWN BY; JNW CHECKED BY; J.N.W. PARCEL DESCRlPll0N: WELL NO. 19 DATE: 8/3/04 SCALE: 1"-100' I REV; 10/20/04 PRODUCllON WELL UTILITY EASEMENT IN THE NW 1/4 OF THE SW 1/4 OF SEC 14-50-26 PROJECT No: 020901 DWG NO:SEC14W-TCE(P19ISHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 24 of 242 EXHIBITL Page IlD of ~ PROJECT ~ PARCEL <6'n F Oll 0 my I '1 'l;J.ai':i1 SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN 1HE SW 1/4 OF THE SW 1/4 OF SECTION 14. TWP 50 S. RGE 26 E. COLLIER COUNTY. FLORIDA NOR1H LINE OF 1HE S 1/2 Of 1HE N 1/2 OF 1HE N 1/2 OF r= n-IE SW 1/4 OF 1HE SW 1/4 ~ . It) ,.., Ò> F.P.&L. R/W S:c- EASEMENT 1/1 170' 1'187'3' " 155.24' ~: F.P.&L-FLORlDA PO'M::R & LIGHT CO. R/W - RIGHT-OF-WAY P.O. B.-POINT OF BEGINNING P.O,C.-POINT OF COMMENCEMENT S 1/2 OF 1HE N 1/2 OF THE N 1/2 OF THE SW 1/4 OF THE SW 1/4 FOLIO NO.: 00417720009 in 155.24' S87'35'49"W '-SOUn-I LINE OF 1HE S 1/2 OF P.O.B. 1HE N 1/2 OF 1HE N 1/2 OF w 1HE SW 1/4 OF iHE SW 1/4 - . I __uii N8T38'03"E 1182.69~ SOUn-I LINE SECllON 14 P.O.C. -( SW CORNER OF SECllON 14 --- in It) ,..: ~ 15 ~ NNVI ...... :~:..J ~Z¡!: wwu.. ¡!:¡s~ l515~ w~~ ~-LiJ t-z¡!: 3~15~ ....,¡-.,¡- 0'-'- ~;; ::JVlVI t-LiJW ~¡!:¡!: LiJ ... o DESCRIPllON OF A PARCEL OF LAND LYING IN 1HE SOU'TH 1/2 OF iHE NORn-I 1/2 OF n-IE NOR'TH 1/2 OF 'THE SOUiH'M::ST 1/4 OF 'THE SOU'TH'M::ST 1/4 OF SECllON 14. TOWNSHIP 50 SOU'TH. RANGE 26 EAST, COWER COUNTY. FLORIDA: COMMENCING AT 1HE SOU'THWEST CORNER OF SAID SECTION 14, iHENCE RUN N87'36'03"E, A DISTANCE OF 1.182.69 FEET ALONG n-IE SOUiH UNE OF SAID SECTION; 'THENCE RUN NOO'49'J5"E, A DISTANCE OF 1005.21 FEET ALONG A .LINE 1HAT RUNS PARALLEL TO iHE EAST UNE OF 1HE SOUiHWEST 1/4 OF "THE SOU"THYÆST 1/4 TO "THE POINT OF BEGINNING; iHENCE CONllNUE NOO'49'35"E. A DISTANCE OF 167.53 FEET ALONG A LINE RUNNING PARALLEL TO n-IE EAST LINE OF SAID SOU"TH 1/2 OF "THE NOR"TH 1/2 OF 1HE NORiH 1/2 Of 1HE SOUiHWEST 1/4 OF "THE SOU'THWEST 1/4; iHENCE RUN N67'35'26"E, A DISTANCE OF 155.24 FEET ALONG "THE NORn-I UNE OF SOU1H 1/2 OF n-IE NOR11i 1/2 OF ThlE NOR11i 1/2 OF "THE SOUiHWEST 1/4 OF 11iE SOU"THWEST 1/4; "THENCE RUN SOO'49'3S"W, A DISTANCE OF 167.55 FEET ALONG SAID EAST LINE; 'THENCE RUN SBT35'49"W, A DISTANCE OF 155.24 FEET ALONG 'THE SOU"!H LINE OF SAID SOU'TH 1/2 OF "!HE NORn-I 1/2 OF "THE NOR"!H 1/2 OF "!HE SOUn-IWEST 1/4 OF "!HE SOU"!HWEST 1/4 TO "!HE POINT OF BEGINNING. CONTAINING 25,969 SQUARE FEET OR 0.60 ACRES, MORE OR LESS. .~ .j/~---- tI2IE: "!HE PARCEL BEARING. DISTANCES, AND AREAS CALCULATED ARE BASED ON A FlELO SURVEY OF SECllON 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83(90. "THIS IS NOT A SURVEY -'l:.t'rftEY C. COONER AND ASSOCIA 1£5. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4. FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGCCOONER.COM CLIENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 8/3/04 SCALE: 1"-100' REV: 10/20/04 ACCESS EASEMENT IN n-IE SW 1/4 OF 'THE SW 1 4 OF SEC 14-50-26 PROJECT No: 020901 WG NO:SEC14T-AE(AEI0) SHEET: 1 OF 1 Ag nda Item NO.1 00 January 11, 2005 Page 25 of 242 EXHIBIT --L Page..A!-of 11,5 PROJECT rrOi11¿ I PARCEL q \(~ FOLIO 004 \ 'l'l.)aY)~ SKETCH AND DESCRIPTION OF A 15' UTILITY EASEMENT IN THE SW 1/4 OF THE SW 1/4 OF SECTION 14, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA NORTH LINE OF THE S 1/2 OF THE N 1/2 OF THE N 1/2 OF r THE SW 1/4 OF THE SW 1/4 - ~ It) r..: '" - ¡, ~~ Nj o ~ NNI/) ,:::'w ;;;z¡!: ~w~ ¡!:¡!:..t ~ \5~-;::' ~ WN~ ò> z-;::'I/) ..t:J w b ~z¡!: o I/)W ..t Z ~¡!: \5:::' ,-- N67'3!)'26"E 15.02' -15' ~ ~ I') ò> ..t 8 I/) S 1/2 OF THE N 1/2 OF THE N 1/2 OF THE SW 1/4 OF THE SW 1/4 FOUO NO.: 00417720009 F,P.&L. R/W EASEMENT 170' w . It) I') Ò> :t' 8 P.O,B. --{ "\ '- SOUTH LINE OF THE S 1/2 OF 1'--- 15.02' THE N 1/2 OF THE N 1/2 OF w S87'35' 49"W TIlE SW 1/4 OF '"' SW 1/4 i~ +t V' - -J N87'38'03"E 1167.6~ SOUTH LINE SECTION 14 IS.EY: F.P.&L-FLORIDA POWER &: LIGHT CO. R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT ~ r..: '" P.O.C. -+ SW CORNER OF SECTION 14 --- .....t..t 0'-'- ~;; :J U"IJ ~WW ~¡!:¡!: W .... o DESCRIPTION OF A 15-FOOT STRIP OF LAND LYING IN THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 14, TO~SHIP 50 SOUTH, RANGE 26 EAST, COlLIER COUNTY, flORIDA: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 14, THENCE RUN N67"38'03"E. A DISTANCE OF 1,167.67 FEET ALONG THE SOUTH LINE OF SAID SECTION: mENCE RUN NOO'49'35"E, A DISTANCE OF 1005.21 FEET ALONG A LINE THAT RUNS PARALlEL TO THE EAST UNE OF mE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 TO mE POINT OF BEGINNING: mENCE CONTINUE NOO'49'35"E, A DISTANCE OF 167.54 FEET ALONG THE WEST LINE OF A 170-FooT flORIDA POWER ·AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT, SAID LINE RUNNING PARAlLR TO mE EAST LINE OF SAID SOUTH 1/2 OF THE NORm 1/2 OF mE NORm '/2 OF mE soumWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN "N87'35'26"E. A DISTANCE OF 15.02 FEET ALONG THE NORTH UNE OF SOUTH 1/2 OF THE NOR"TH 1/2 OF mE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN SOO'49'35"W, A DISTANCE OF 167.54 FEET ALONG A LINE THAT IS PARALLEL TO SAID EAST LINE: THENCE RUN S87"3S'49"W, A DISTANCE OF 15.02 FEET ALONG THE SOUTH LINE OF SAID SOUTH 1/2 OF "THE NORTH 1/2 OF THE NORm 1/2 OF THE SOU"THWEST 1/4 OF THE SOUTHWEST 1/4 TO THE POINT OF BEGINNING. CONTAINING 2,513 SQUARE FEET OR 0.06 ACRES, MORE OR LESS. MQIE; THE PARCEL BEARING, DISTANCES. AND AREAS CALCULI\. TED ARE BASED ON A FJELD SURVEY OF SECTION 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83(90. ~;~- N~-~¿~~ LB6773) PR SSIONAL SURVEYOR AND MAPPER FL jRJDA LICENSE NO. LS 4876 THISZ-.ì..L!L DAY OF 2rl:.... 2004. THIS IS NOT A SURVEY \l:.tfREY C. COONER AND ASSOCIA 1£5, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, lLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 8/3/04 SCALE: 1"-100' I REV: 10/20/04 15' UTlUTY EASEMENT IN "THE SW 1/4 OF THE SW íi4 OF SEC 14-50-26 PROJECT No: 020901 DWG No:SEC14T-AE(P10) ISHEET: 1 OF 1 Ag nda Item No.1 00 January 11, 2005 Page 26 of 242 EXHIBIT If page~OfË PROJECT 'loßq 2 \ PARCEL 1 \ \ FOLIO GOY I {o9,OOQO ( TEMl'ORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENC.:MENT OF CONSTRUCTION) --.--.---.-- SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO. 18 IN THE SW 1/4 OF THE SW 1/4 OF SECTION 14, TWP 50 S, RGE 26 E. COWER COUNTY, FLORIDA NOR11-1 LINE OF THE N 1/2 OF 1HE N '/2 OF 1HE N 1/2 OF' ~ 11-1E SW 1/4 OF 11-1E SW 1/4 '\ N87·35'Q4-E 100,16 F.P.&L. R/W EASEMENT 170' N 1/2 OF THE N 1/2 OF THE N 1/2 OF THE SW 1/4 OF THE SW 1/4 FOUO NO,: 00416800001 3t . 1.0. 1")1.0 <n ..r, ;ot"": 0'" 0'" (/) PROPOSED 15' UTILITY EASEMENT PO C S87'35'26·W sÈ: 'CÒRNER OF' ~ 40,06' N 1/2 OF' 11-1E 1.0 PROPOSED N 1/2 OF THE I") PRODUCTION N 1/2 OF THE ~åJ WELL NO. 18 SW 1/4 OF THE b C! UTILITY EASEMENT SW 1/4 ~~ , , P.O.B. 210.34 6 . .. S87.3S'26-W 587'35'26 W ~ SOUTH LINE OF THE N 1/2 OF' THE N 1/2 OF 11-1E N 1/2 OF 11-1E SW 1/4 OF' 11-1E SW 1/4 \5 ~ N- ~)-~ - In zZ..., wLoJ¡!: ~~\5 \50"" ~~~ ::¡-~ Z<n ... I/)LoJW ~~~ ~ F.P.&L-F'LORIDA POWER & LIGHT CO. R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT DESCRIPTION OF A PARCEL OF LAND LYING IN THE NORTH 1/2 OF' THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF 11-1E SOU11-1WEST 1/4 OF SECTION 14, TOWNSHIP SO SOU 11-1 , RANGE 26 EAST, COLLIER COUNTY, FLORIDA: COMMENCING AT THE SOU11-1EAST CORNER OF SAID NOR11-1 1/2 OF 11-1E NOR11-1 1/2 OF n-tE NORTH 1/2 OF n-tE SOUTHWEST 1/4 OF n-tE SOUTHWEST 1/4. THENCE RUN S87'3S'2S"W, A DISTANCE OF 210.34 FEET ALONG 11-1E SOUn-t LINE OF SAID NORTH 1/2 OF THE NOR11-1 1/2 OF 11-1E NORn-t 1/2 OF 11-1E SOUTHWEST 1/4 OF 11-1E SOUTHWEST 1/4 TO 11-1E POINT OF BEGINNING; THENCE CONTINUE S87"3S'2S"W, A DISTANCE OF 60.10 FEET ALONG SAID SOUTH UNE; n-tENCE RUN NOO'49'J5"E, A DISTANCE OF IS7.52 FEET TO THE NORTH LINE OF SAID NORTH 1/2 OF 11-1E NOR11-1 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF 11-1E SOU11-1WEST 1/4; 11-1ENCE RUN N87"3S'04"E. A DISTANCE OF 100.1S FEET ALONG SAID NOR11-1 UNE; 11-1ENCE RUN SOD'49'35"W, A DISTANCE OF 117.45 FEET ALONG 11-1E WEST LINE OF A 170-FOOT FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT, A LINE 11-1AT IS PARALLEL TO 11-1E EAST UNE OF SAID NOR11-1 1/2 OF THE NORTH 1/2 OF n-tE NOR11-1 1/2 OF THE SOU11-1WEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN S87"35'26"W, A DISTANCE OF 40.06 FEET ALONG A LINE 11-1AT IS PARALLEL TO SAID SOU'TH LINE; THENCE RUN SOO'49'3S"W, A DISTANCE OF 5D.08 FEET ALONG A LINE 11-1AT IS PARALLEL TO SAID EAST LINE TO THE POINT OF BEGINNING. CONTAINING 14,750 SQUARE FEET OR 0.34 ACRES. MORE OR LESS. -___~~J~~ JAMES WILKISON (FOR THE FIRM LBS773) PROFE IONAL SURVEYOR AND MAPPER FLORI LICENSE 1'1 4S7jì _ 11-1IS~AY OF ~. THIS IS NOT A SURVEY EY C. COONER AND ASSOCIATES. INC. SURVE't'lNG AND MAPPING 3900 COLONIAL BLVD., SUiTE.... FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEY1NG~OONER,COt.f _ CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. 'ARCEL DESCRIPllON: \YELL NO. 18 DATE: 8/3/04 SCALE; 1"-80' REV: 10/20/04 ¿MP. CONS1RUCTlON EASEMENT IN THE SW 1/4 OF' THE SW 1/4 OF SEC 14-50-26 PROJECT No: 020901 WG NO:SECI4W-TCE(TC18 SHEET; 1 OF 1 tiQIE; THE PARCEL BEARING, DISTANCES. AND AREAS CALCULATED ARE BASED ON A ~ELD SURVEY OF SECTION 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, 'S3Î90. Ag nda Item No. 100 January 11 , 2005 Page 27 of 242 EXHIBIT --LL page~of~ PROJECT ~ PARCEL q II FOLIO 0041 (P~()(Y{2 ¡ P.O.C. SE CORNER Of N 1/2 Of THE ~ N 1/2 Of THE N 1/2 OF THE SW 1/~ OF THE ..... 0'" SW 1/~ ~ 0 "- ~S; - U) zZw w':î!¡!:: iE.....~ ~~... w~:::- Š-~ .....zV> U)ww ~iEiE SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO, 18 IN THE SW 1/4 OF THE SW 1/4 OF SECll0N 14, 1WP 50 S, RGE 26 E, COWER COUNTY, FLORIDA N 1/2 OF THE N 1/2 OF THE N 1/2 OF THE SW 1/4 OF THE SW 1/4 FOUO NO.: N87'35'26-E 00416800001 40.06' ~ .....I w z (/)>-'" ~'=:::; o.-J~ a::i=< Q.::>w F.P.&L. R/W EASEMENT 17R' V w ~ . . It) It) ÒOI'} 1')00 o - - 0 Ó~ <». ~o 100 010 0 0 (I) z 170.27' 40.06' SB7"35'26-W L SOUTH LINE OF THE N 1/2 OF THE N 1/2 OF THE N 1/2 OF THE SW 1/4 OF THE SW 1/4 P.O.B. S8T35'26"W ISEY: f.P.&L-FLORIDA POWER &. LIGHT CO. R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O. C.-POINT OF COMMENCEMENT t~ ~~ J. DESCRIPllON Of A PARCEL OF LAND L Y1NG IN THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/~ OF SECllON 14. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTH 1/2 Of THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF 1HE SOUTHWEST 1/4, THENCE RUN S87'35'26"W, A DISTANCE OF 170.27 FEET ALONG THE SOUTH LINE OF SAID NORTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/~ OF THE SOUTHWEST 1/4 TO THE POINT OF BEGINNING: THENCE CONTINUE S87'3S'Z6"W, A DISTANCE OF 40.06 FEET ALONG SAID SOUTH LINE; THENCE RUN NOO'49'3S"E, A DISTANCE OF 50.08 FEET ALONG A LINE THAT IS PARALLEL TO THE EAST LINE OF SAID NORTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN N8r35'26"E, A DISTANCE OF 40.06 FEET ALONG A LINE THAT IS PARALLEL TO SAID SOUTH LINE; THENCE RUN SOO'49'35"W, A DISTANCE OF 50.08 FEET ALONG A. HO-FOOT FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT. SAID LINE RUNNING PARALLEL TO THE EAST LINE OF SAID NORTH 1/2 OF THE NORTH 1/2 Of THE NORTH 1/2 OF THE SOUTHWEST 1/~ Of THE SOUTHWEST 1/4 TO THE POINT OF BEGINNING. CONTAINING 2,003 SQUARE FEET OR 0.05 ACRES. MORE OR LESS. ___~_ . .1~ JAME . v"LKISON (FOR THE FIRM LB6773) PRO SlONAL SURVEYOR AND MAPPER FLOffiD~ ~CENSE NÇ. ~ 4876 THIS-z.:.iZ./t)AY Of 'º-'4=-. 2004. !WE; THE PARCEL BEARING. DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECTION 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, fLA. EAST ZONE, '83Î90. "THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4. FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 ÐAAIL: SUR\'E'Y1NGOCOONER.COM aJENT: GREELEY AND HANSEN, LLC DRAWN BY: ~W CHECKED BY; J.N.W. PARCEL DESCRIPTION: WELL NO. 18 DATE: 8/3/04 SCALE: '"-30' tREV: 10/20/0~ PROOUCTION WELL UTIUTY EASEMENT IN THE SW 1/4 OF lHE SW '/4 OF SEC 14-50-26 PROJECT No: 020901 DWG No:SECI4W-TCE(PI6:1SHEET: I OF 1 Ag nda Item No.1 00 January 11 , 2005 Page 28 of 242 ~ EXHIBITL Page~of~ PROJECT rtmCf z.. L PARCEL "612- FOLIO C04 \ (/)9.{){X)() l SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE SW 1/4 OF THE SW 1/4 OF SECT10N 14, 1WP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA NOR1H LINE OF 111E 1'1 1/2 OF 1HE 1'1 1/2 OF 1HE 1'1 1/2 OF I1HE SW 1/"'" OF 1HE SW 1/"'" N87' ' " 155.2"'" ~ ~ Ò> F.P.&L. R/W :t' EASEMENT ~ 170' ~: F.P.cStL-FlORIDA POWER cSt LIGHT CO. R/W - RIGHT-OF-WAY P.O. B.-POINT OF BEGINNING P.O. C.-POINT OF COMMENCEMENT 155.24' S87'35 26 W P.O.B. "'- o ~ NN(/) .......::::-14.1 ;;z¡!: wW"'- ¡!:¡!:~ ~lS::::- w~~ Z~ ~ w ...z¡!: (/)14.1 ... ¡.)¡!:lS::::- N 1/2 OF THE N 1/2 OF THE N 1/2 OF THE SW 1/4 OF THE SW 1/4 in FOLIO NO.: 00416800001 in It) ,..: co SOUTH LINE OF 'THE 1'1 1/2 OF 111E N 1/2 OF 111E N 1/2 OF 1HE SW 1/4 OF 111E SW 1/"'" in ¡;; {t r--I"> ",,¡a. r--:t" 1;18~W ~ sau~-u; bTI: 1~ P.O.C. -( SW CORNER OF SEC1l0N 14 --- N87'36'03"E lS-t-t ~;; ~111(/) ...WW ~¡!:¡!: w lS DESCRIPTION OF A PARCEL OF LAND LYING IN THE NORTH 1/2 OF THE NORTH 1/2 OF 'THE NORTH 1/2 OF 'THE SOUTHWEST 1/'" OF THE SOU'THWEST 1/4 OF SECTION 14, TOY.t4SHIP 50 SOU'TH, R¡\NGE 26 E¡\ST, COLLIER COUNTY, FLORIDA: COMMENCING AT 'THE SOUTHWEST CORNER OF S¡\ID SEC1l0N 1.... THENCE RUN N87'36'03"E, ¡\ DIST¡\NCE OF 1,182.69 FEET ALONG 'THE SOUTH LINE OF SAID SECTION; 'THENCE RUN NOO'49'35"E, A DISTANCE OF 1172.75 FEET ALONG A LINE 'THAT RUNS PARAlLEL TO 111E EAST LINE OF THE SOU1HWEST 1/4 OF THE SOUTHWEST 1/4 TO 1HE POINT OF BEGINNING; THENCE CONTINUE NOO'49'J5"E, A DISTANCE OF 167.53 FEET ALONG A LINE THAT RUNS PARALlEl.. TO THE EAST LINE OF SAID NOR'TH 1/2 OF 1HE NOR1H 1/2 OF THE NORTH 1/2 OF 1HE SOU1HWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN N87'35'04"E, A DISTANCE OF 155.24 FEET ALONG THE NOR'TH LINE OF SAID NORTH 1/2 OF 1HE NORTH 1/2 OF THE NORTH 1/2 OF 1HE SOU1HWEST 1/4 OF 1HE SOU1HWEST 1/4; 1HENCE RUN SOO'49'35"W, ¡\ DISTANCE OF 167.55 FEET ALONG SAID EAST LINE; 1HENCE RUN S87'35'26"W, A DISTANCE OF 155.2'" FEET ALONG THE SOU1H LINE OF SAID NOR1H 1/2 OF SAID NOR1H 1/2 OF THE NOR1H 1/2 OF 1HE SOU1HWEST 1/'" OF THE SOU1HWEST 1/4 TO 1HE POINT OF BEGINNING. CONTAINING 25,969 SQUARE FEET OR 0.60 ACRES, MORE OR LESS. WU£; 1HE PARCEL BEARING, DISTANCES. AND AREAS CALCULATED ARE BASED ON A FIELD SUR'ÆY OF SEC1l0N 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM. FlA. EAST ZONE, '83Î90. J~--- . ~LKISON (FoR THE FIRM LB6773) PR ONAL SURVEYOR AND MAPPER Fl ¡;'A J1;ENSE NO. ~ 4876 THIS A Y OF c::t..i::. 2004. ~ THIS IS NOT A SURVEY £F'FREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EM AIL: SURVEYlNG@COONER.COM CUENT: GREELEY AND HANSEN. LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 8/3/04 SCALE: 1".100' REV: 10/20/04 ACCESS EASEMENT IN 1HE SW 1/4 OF 1HE SW 1 4 OF SEe 14-50-26 PROJECT No: 020901 DWG NO:5EC14T-AE(AE9) SHEET: 1 OF 1 Ag nda Item No. 10D January 11, 2005 Page 29 of 242 EXHIBITL Page....ti....of ~ PROJECT 'l()?/1 z. \ PARCEl q \::L FOLIO CDL..4 \ (p~O()r)O I SKETCH AND DESCRIPTION OF A 15' UTILITY EASEMENT IN THE SW 1/4 OF TI-iE SW 1/4 OF SECTION 14, TWP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA NORTIi LINE OF TIiE N 1/2 OF THE N 1/2 OF THE N 1/2 OF I THE SW 1/4 OF TIiE SW 1/4 N81'35'04"E 15.02' 15' ~ ~ ~ ,..: I'") <D Ò> F.P.&L. R/W ~ :t" ~ g EASEMENT :!! I/) 170' Ò> ~ :t" 8 r..: z ~ a... o ~ NNI/) LLJ '::::-LaJ ':n ;ziE ~ wwa... b ¡::¡::~ g ~~)- w"'~ z)-I/) ::J W I-Z¡:: u)w .. ~¡::~)- N 1/2 OF TI-iE N 1/2 OF THE N 1/2 OF THE SW 1/4 OF THE SW 1/4 FOUO NO.: 00416800001 ~: F.P.BeL-FLORIDA POWER Be LIGHT CO. R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT P.O.B. SOUTH LINE OF THE N 1/2 OF 15.02' TIiE N 1/2 OF TIiE N 1/2 OF w S81'35'26"W -f~¡¡>.~ OF u<, SW 1/4 OF U<, SW 1/4 i~ tt SECllON 14 N87'38'03"E 1167.67' - - - J' '- SOUTH LINE SECllON 14 ......,¡-.,¡- 0.............. ~;; ::JUlu) I-WW ~¡::¡:: W a... o DESCRIPTION OF A 15-FOOT S1RIP OF LAND LYING IN THE NORTH 1/2 OF TIiE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 14. TO~SHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 14, THENCE RUN NS7'3S'03"E, A DISTANCE OF 1,167.67 FEET ALONG THE SOUTH LINE OF SAID SECTION; THENCE RUN NOO"49'35"E, A DISTANCE OF 1172.75 FEET ALONG A LINE THAT RUNS PARAu.EL TO THE EAST LINE OF THE SOUTHWEST 1/4 OF TIiE SOUTHWEST 1/4 TO THE POINT OF BEGINNING; THENCE CONTINUE NOO'49'35"E, A DISTANCE OF 167.53 FEET ALONG THE WEST LINE OF A 170-FOOT FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT. SAID LINE RUNNING PARALLEL TO THE EAST LINE OF SAID NORTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN N87'35'Q4"E, A DISTANCE OF 15.02 FEET ALONG THE NOR11-I LINE OF SAID NOR11-I 1/2 OF 11-IE NOR11-I 1/2 OF 11-IE NOR11-I 1/2 OF 11-IE SOU11-lWEST 1/4 OF 11-IE SOU11-IWEST 1/4; 11-IENCE RUN SOO'49'35"W. A DISTANCE OF 167.53 FEET AlONG A LINE 11-IAT IS PARALLEL TO SAID EAST LINE; 11-IENCE RUN S87'35'26"W, A DISTANCE OF 15.02 FEET AlONG 11-IE SOU11-I LINE OF SAID NOR11-I 1/2 OF 11-IE NOR11-I 1/2 OF 11-IE NOR11-I 1/2 OF 11-IE SOU11-IWEST 1/4 OF 11-IE SOU11-IWEST 1/4 TO 11-IE POINT OF BEGINNING. CONTAINING 2,513 SQUARE FEET OR 0.06 ACRES, MORE OR LESS. J~ t:iQ]£; 11-IE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A ~ELD SURVEY OF SECTION 14. BASIS OF BEARING: STAlE PLANE COORDINAlE SYSlEM, FLA. EAST ZONE, '83/90. ------------ N. WILKISON (FOR THE FIRM LB6773) PR SSlONAl SURVEYOR AND MAPPER FL IDA L)CENSE NO. LS 4876 TIiIS ?.&!PDAY OF L2.1f;-2004. lHlS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIA1E5, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EM AIL: SURVEYlNG@CQONER.COM CUENT: GREELEY AND HANSEN. LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 6/3/04 SCALE: 1"-100' REV: 10/20/04 15' UTIUTY EASEMENT IN 11-IE SW 1/4 OF 11-IE SW 1 4 OF SEC 14-50-26 PROJECT No: 020901 DWG No:SEC14T-Þ.E(P9) SHEET: 1 OF 1 Ag nda Item NO.1 00 January 11, 2005 Page 30 of 242 EXHIBIT L Page~of~ PROJECT 'lo~9 Z \ PARCel '11 ~ FOLIO (fl~ \"K-2rx::rx:>1 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) - ._~---"--'"---- SKETCH AND DESCRIPTION OF A 80' TEMPORARY CONSTRUCTION EASEMENT IN THE NW 1/4 OF THE SW 1/4 OF SECT10N 14, TWP 50 S, RGE 26 E, COLUER COUNTY, FLORIDA NORiH UNE OF' "THE S 1/2 OF' iHE S 1/2 OF' NW 1/4 OF' iHE SW 1/4 ~ PROPOSED UTILITY EASEMENT FO PRODUCTION WELL NO. 19 ¡-- 100' I I ~ PROPOSED UTILITY EASEMENT P.O.B. ~. . 10 100 ,!')Ò 0>1') :t' o o VI PROPOSEDÓ TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION I WELL NO. 19 ~ _ F.P.&L. R/W ~ ~ASEMENT ~ 170' CD FOUO NO.: 00418200007 5 1/2 OF THE S 1/2 OF NW 1/4 OF THE SW 1/4 ::.:: w w o::~ u'- zO:: O....J V)e( O::Z We( ~o W J: \IJ ï=~ ~:::- \IJ~ ZVl ::J\IJ ...ï= VI ¡:)~ .f'" 10 ,.., .Ò> ":t' C!g 5!z ;11 z ~: F.P.&L-FLORIDA POVÆ:R &: LIGHT CO. R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF' COMMENCEMENT SOUiH LINE OF "THE S 1/2 OF iHE S r 1/2 Of NW 1/4 OF' iHE SW 1/4 'J -(P'O'C' ~~.z SW CORNER OF N87'38'03"E 1167.67' ~;;;; SECl10N 14 ::J VI ___ V' '- --- VI<...*~ '-- SOUTH LINE SEC110N 14 F \IJ ~ DESCRIPTION OF A 30' STRIP OF LAND LYING IN "THE SOUTH 1/2 OF THE SOUTH 1/2 OF "THE NORTHVÆ:ST 1/4 OF "THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 50 SOU"TH, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 14, THENCE RUN N87·J8'OJ"E. A DISTANCE OF 1,167.67 FEET ALONG THE SOUTH LINE OF' SAID SEC110N: THENCE RUN NOO'49'35-E, A DISTANCE Of 1625.27 FEET ALONG THE WEST LINE OF' A 17o-FOOT FLORIDA POVÆ:R AND LIGHT RIGHT-OF'-WAY EASEMENT, SAID LINE RUNNING PARAUEL TO THE EAST LINE OF' THE WEST 1/2 OF' "THE SOU"THWEST 1/4 TO THE POINT OF' BEGINNING; THENCE RUN S8TJ4'19-W, A DISTANCE OF' 886.75 FEET AlONG A LINE iHAT IS PARALLEL TO iHE NOR"TIi LINE OF' iHE SOUTH 1/2 OF THE SOU"TH 1/2 OF' 1HE NOR1HWEST 1/4 OF' "THE SOUTHWEST 1/4; THENCE RUN NOO'50'«"E, A DISTANCE OF 30.05 F'EET TO A LINE iHAT IS 20 FEET SOUiH OF (AS MEASURED AT RIGHT ANGLES), AND PARALLEL TO, SAID NORiH LINE; 1HENCE RUN N87'34'19"E, A DISTANCE Of 886.74 FEET ALONG SAID LINE; THENCE RUN SOO·49'35"W. A DISTANCE OF 30.05 FEET ALONG A LINE 1HAT RUNS PARAlLEL TO SAID EAST LINE TO "TIiE POINT OF BEGINNING. CONTAINING 26,602 SQUARE FEET OR 0.61 ACRES, MORE OR LESS. . ...^). ~ __:..J:~ /.) _ . _"'-~________ - WilE; THE PARCEL BEARING, DISTANCES. AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF' SECl10N 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, F'LA. EAST ZONE. '83!90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES. INC. SURVEY1NG AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEY1NG\lllCOONER.COM CUENT: GREELEY AND HANSEN. llC DRAVvN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPll0N: DATE: 8/3/04 SCALE: 1--100' REV: 10/20/04 30' TEMP. CONSiRUCl1ON EASEMENT IN iHE NW 1 4 OF 1HE SW 1 4 OF' SEC 14-50-26 PROJECT No: 020901 DWG No:SEC14T-AE(TC8) SHEET: 1 OF' 1 JAM . WlLKI$ON -(F'OR THE FIRM LB677J) PRO ONAl SURVEYOR AND MAPPER !'LOR A' UCENSE NO" ~ 4876 iHI522d:'DAY OF Sk..L. 2004. I Ag nda Item No. 10D January 11 , 2005 Page 31 of 242 EXHIBIT----ª- Page~of~ PROJECT -.Jo<i\4 2 \ PARCEL <¿< \ 3 F OLI 0 CD Y \ «. z. (XXX') 1 SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE NW 1/4 OF THE SW 1/4 OF SECTION 14, TWP 50 S, RGE 26 E. COLLIER COUNTY, FLORIDA NOR1H UNE OF 1HE S 1/2 OF 1HE S 1/2 OF NW 1/4 OF 1HE SW 1/4 ~ IŒ:(: F.P.&L-FLORIDA POWER &; UGHT CO. R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT ~ '''''''''--i ¡... UTILITY 0 EASEMENT ~ I') .... o N:5 ...... ~..,. en). w~ iEz ~:5-r ~~~ :J~~ ....enen enww ¡SiEiE ~ :n I') 0, ;or o o en F.P.&L. R/W EASEMENT 170' S 1/2 OF THE S 1/2 OF NW 1/4 OF THE SW 1/4 FOLIO NO.: 00418200007 £ ari I') I') w . It) I') 0, ;or 8 z SOUlH LINE OF niE S 1/2 Of lHE S 1/2 OF NW 1/4 OF niE SW 1/4 P.O.B. 155.24' _ t" S87"35'04"W ~~ P.O.C. do, ~~.:t -f SW CORNER OF ~;or SECllON 14 ~8 ~;; z :Jwen ^ --- ~iE~ - - - N87"38'03"E V· 1182.69' '- SOUTH LINE SECTlON 14 w :5 DESCRIP1l0N OF A PARCEL OF LAND LYING IN niE SOUni 1/2 OF 1HE SOU1H 1/2 OF THE NORniWEST 1/4 OF 1HE SOU1HWEST 1/4 Of SEC1l0N 14. TOWNSHIP 50 SOU1H, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT 1HE SOUTHWEST CORNER OF SAID SECllON 14, niENCE RUN N87'38'03"E, A DISTANCE OF 1,182.69 FEET ALONG THE SOU1H UNE OF SAID SECllON; THENCE RUN NOO'49'35"E, A DISTANCE OF 1340.28 FEET ALONG A LINE 1HAT RUNS PARAUEL TO 1HE EAST UNE OF THE SOUniWEST 1/4 OF THE SOU1HWEST 1/4 TO niE POINT OF BEGINNING; THENCE CONllNUE NOO'49'3S"E, A DISTANCE OF 335.07 FEET ALONG A LINE THAT RUNS PARAUEL TO THE EAST LINE OF SAID SOU1H 1/2 OF 1HE SOU1H 1/2 OF THE NOR1HWEST 1/4 OF 1HE SOUTHWEST 1/4; 1HENCE RUN N87"34'19"E, A DISTANCE OF 155.24 FEET ALONG niE NORTH LINE OF SAID SOU1H 1/2 OF 1HE SOUTH 1/2 OF lHE NORTHWEST 1/4 OF THE SOU1HWEST 1/4; 1HENCE RUN SOO'49'35"W, A DISTANCE OF 335.10 FEET ALONG SAID EAST LINE; THENCE RUN S87"35'04"W, A DISTANCE OF 155.24 FEET ALONG 1HE SOUTH UNE OF 1HE SOU1H 1/2 OF 1HE SOU1H 1/2 OF 1HE NORTHWEST 1/4 Of 1HE SOU'THWEST 1/4 TO THE POINT OF BEGINNING. CONTAINING 51,939 SQUARE FEET OR 1.19 ACRES, MORE OR LESS. ~;-~Ü<~-;;~ LB6773) PR~¿IONAL SURVEYOR AND MAPPER FLORIDA LI¡:;ENSE NO".,~ 4876 THIS"2.Z..-ÐAY Of ~ 2004. ~ 'THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FlELD SURVEY OF SECTlON 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE. ·83Î90. 1HIS IS NOT A SURVEY ÆFFREY C. COONER AND ASSOCIA 1E5, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD.. SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIl; SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN. LlC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 8/3/04 SCALE: 1"~100' REV: 10/20/04 ACCESS EASEMENT IN THE NW 1/4 OF THE SW 1 4 OF SEe 14-50-26 PROJECT No: 020901 DWG No:SECHT-AE(AE8) SHEET: 1 OF 1 Ag nda Item No. 100 January ii, 2005 Page 32 of 242 EXHIBIT-L- Page..1U.. of ,,5' PROJECT ~ PARCEl ~ I ~ FOLIO CÜL{ \ 1rZWCC) '1 SKETCH AND DESCRIPTION OF A UTILITY EASEMENT IN lHE NW 1/4 OF lHE SW 1/4 OF SECTION 14, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA NORTH UN[ OF THE S 1/2 OF THE S 1/2 OF N 1/4 OF THE SW 1/4 \ N q, N o ui ;;) ;I: . It> I") '" ~ ~ F.P.&L. R/W EASEMENT 170' PROPOSED UTILITY ASEMENT FOR I PRODUCTION WELL NO. 19 ¡- 100'l I ~ I ~ u [S I w 5 I z o (/) c::: w o z W :I: S 1/2 OF lHE S 1/2 OF NW 1/4 OF THE SW 1/4 FOUO NO.: 00418200007 15' ..... . It> I") in :r 8 z ,.... o IÓ I") I") SOUlrl UNE OF lrIE S 1/2 OF (lrIE S 1/2 OF NW 1/4 OF THE SW 1/4 P.O.B. 15.02' S87'35'04"W P.O.C. SW CORNER OF SECTION 14 1167.67' N87'3B'03"E I "--- scum UNE SECTION 14 --- --- W: F.P.&L-FLORIDA POWER & UGHT CO. R/W - RJGHT-OF-WAY P.O.S.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT SEE SHEET 2 OF 2 FOR DESCRIPTION \5 ~\5 -... ..... fI)':::- ~ .....31: ~ ~z b \5\5.¡. ~ ....~' ~-; ....fI)tII fl)WW ~~~ \5~~ ~;; ::lentil ............. en~F: ~ \5 f:I.QIE; mE PARCEl. SEARING, DISTANCES. AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECTION 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE. '83Î90. ~~;~~s~öR-:;Ë~l~~ LB6773) PRO~~ SURVEYOR AND MAPPER FLORIDA UCENSE NO.^LS 4876 THIS"l. 't-.-ðDA Y OF ..!::..d:; 2004. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MVERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EM AIL: SURVEYlNGOCOONER.COM CUENT: GREElEY AND HANSEN, U.C DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPllON: DATE: 8/3/04 SCALE: 1"-100' REV: 10/20/04 UllUTY EASEMENT IN THE NW 1/4 OF THE SW 1 4 OF SEC 14-50-26 PROJECT No: 020901 DWG No:SEC14T-AE(P8 SHEET: 1 OF 2 Ag nda Item No. 100 January 11 . 2005 Page 33 of 242 EXHIBIT~ pag e ....M.. of ..J!t,;L. PROJECT 'l()~q 2 \ PARCEL q \ ~ FOLIO ('úL4l'KZOOW'1 SKETCH AND DESCRIPTION OF A UTILITY EASEMENT IN THE NW 1/4 OF THE SW 1/4 OF SECTION 14, TWP 50 S, RGE 26 E. COLUER COUNTY, FLORIDA DESCRIPTION OF A S1RIP OF LAND LYING IN ThE SOUTh 1/2 OF ThE SOUTh 1/2 OF ThE NORThWEST 1/4 OF ThE SOUThWEST 1/4 OF SECTION 14, TOWNSHIP 50 SOUTh, RANGE 26 EAST, COLLIER COUNTY. FLORIDA: COMMENCING AT lHE SOUThWEST CORNER OF SAID SECTION 14, ThENCE RUN N8ìJB'03"E. A DISTANCE OF 1,167.67 FEET ALONG THE SOUTh LINE OF SAID SECTION; ThENCE RUN NOO'49'J5"E, A DISTANCE OF 1340.28 FEET ALONG A LINE ThAT RUNS PARAu.El TO ThE EAST LINE OF ThE SOUThWEST 1/4 OF ThE SOUThWEST 1/4 TO ThE POINT OF BEGINNING; ThENCE CONTINUE NOO'49'35"E, A DISTANCE OF 315.02 FEET ALONG ThE WEST LINE OF A 17D-FOOT FLORIDA POWER AND LIGHT RIGHT-OF-WAY EASEMENT, SAID LINE RUNNING PARAu.EL TO ThE EAST LINE OF SAID SOUTh 1/2 OF ThE SOUTh 1/2 OF ThE NORThWEST 1/4 OF ThE SOUThWEST 1/4; ThENCE RUN S87"34'19"W, A DISTANCE OF 950.70 FEET ALONG A LINE ThAT IS 20 FEET SOUTh OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL TO ThE NORTh LINE OF SAID SOUTh 1/2 OF ThE SOUTh 1/2 OF ThE NORThWEST 1/4 OF ThE SOUThWEST 1/4; ThENCE RUN N02'25'41"W, A DISTANCE OF 20.00 FEET TO SAID NORTh LINE; ThENCE RUN NBì34'19"E. A DISTANCE OF 966.86 FEET ALONG SAID NORTh LINE; ThENCE RUN SOO·49'35"W. A DISTANCE OF 335.07 FEET ALONG A LINE ThAT RUNS PARAu.EL TO SAID EAST LINE; ThENCE RUN S87"35'04"W, A DISTANCE OF 15.02 FEET ALONG ThE SOUTh LINE OF SAID SOUTh 1/2 OF ThE SOUTh 1/2 OF ThE NORThWEST 1/4 OF ThE SOUThWEST 1/4 TO THE POINT OF BEGINNING. CONTAINING 24.051 SQUARE FEET OR 0.55 ACRES, MORE OR LESS. SEE SHEET 1 OF 2 FOR SKETCH JEFFREY C. COONER AND ASSOOA TES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EM AIL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 8/3/04 SCALE: I REV: 10/20/04 UTILITY EASEMENT IN ThE NW 1/4 OF ThE SW 1/4 OF SEC 14 50-26 PROJECT No: 020901 DWG No:SEC14T-AE(P8jSHEET: 2 OF 2 Ag nda !tem No. 100 January ii, 2005 Page 34 of 242 EXHIBITL page~of~ PROJECT 'l0E: PARCEL % \ FOLIO W«.t1x74aY)~ N 1/2 OF THE S 1/2 OF THE NW 1/4 OF THE SW 1/4 FOUO NO.: 00418240009 8 !Z I ~: ~~~ F.P.&L-FlORIDA POWER & UGHT CO. O...J W R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING ~ g ~ I ~ P.O.C.-POINT OF COMMENCEMENT ~ CJ> SOU'TH UNE OF 'THE N 1/2 OF ~ ('THE S 1/2 OF 'THE NW 1/4 OF Z 'THE SW 1/4 (P.O.B. I 155.24' SS7'J4'19-W - < ~~ --- ì P.O.C. > . triên l5 ~ ~ I(~~~ Œ ~~ ~;: -t- N87'38'03"E V;,82.69' '-- S~; UNE S~TION 14 w l5 DESCRIPTION OF A PARCEL OF LAND LYING IN "THE NOR'TH 1/2 OF 11-IE SOUTH 1/2 OF THE NORTHWEST 1/4 OF 'THE SOU"THWEST 1/4 OF SECTION 14, TOWNSHIP 50 SOU"TH, RANGE 26 EAST. COWER COUNTY, flORIDA: COMMENCING AT "THE SDUTHWEST CORNER OF SAID SECTION 14, "THENCE RUN N87"38'03"E, A DISTANCE OF 1182.69 FEET ALONG 'THE SOU'TH UNE OF SAID SECTION; THENCE RUN NOO'49'35-E, A DISTANCE OF 1675.37 FEET ALONG A UNE THAT RUNS PARALLEL TO THE EAST UNE OF THE WEST 1/2 OF THE SOUTHWEST 1/4 TO THE POINT OF BEGINNING: THENCE CONTINUE NOO'49'35"E. A DISTANCE OF 335.07 FEET ALONG A LINE RUNNING PARAu.EL TO 11-IE EAST UNE OF SAID NOR'TH 1/2 OF THE SOUTH 1/2 OF THE NOR11-IWEST 1/4 OF 'THE SOU11-IWEST 1/4: THENCE RUN N87'33'34"E, A DISTANCE OF 155.24 FEET ALONG THE NORTH LINE OF SAID NOR11-I 1/2 OF 11-IE SOU11-I 1/2 OF 'THE NORTHWEST 1/4 OF 11-IE SOUTHWEST 1/4; THENCE RUN SOO'49'3S-W, A DISTANCE OF 33S.10 FEET ALONG THE EAST UNE OF SAID NOR11-I 1/2 OF THE SOUTH 1/2 OF 11-IE NOR11-IWEST 1/4 OF 11-IE SOU'THWEST 1/4; THENCE RUN S8T34'19"W, A DISTANCE OF 155.24 FEET ALONG 11-IE SOU11-l UNE OF THE NOR'TH 1/2 OF 'THE SOUTH 1/2 OF THE NOR'THWEST 1/4 OF 11-IE SOUTHWEST 1/4 TO 11-IE POINT OF BEGINNING. CONTAINING ·51,939 SQUARE FEET OR 1.19 ACRES, MORE OR LESS. ~ j= tmE; ~ THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF ;~Ë- . WI~ISON-(;~-ñ;ËFmM LB6773) SECTION 14. BASIS OF BEARING: STATE PLANE PR SlONAL SURVEYOR AND MAPPER COORDINATE SYSTEM, FlA. EAST ZONE. '83(90. flORIDA LICENSE NQ., \,.S 4876 11-IISZ.~DAY OF~ 2004. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOOA 1ES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPllON: DATE: 8/3/04 SCALE: 1"-100' I REV: 10/20/04 ACCESS EASEMENT IN 'THE NW 1/4 OF THE SW 1/4 OF SEe 14-50-26 PROJECT No: 020901 DWG No:SECI4T-AE(AE7) I SHEET: I OF 1 SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE NW 1/4 OF THE SW 1/4 OF SECTION 14. TWP 50 S, RGE 26 E, COLUER COUNTY, FLORIDA N87"33'J4-E 155.24' \. NOR1H UNE OF '!HE N 1/2 OF '--11-IE S 1/2 OF 11-IE NW 1/4 OF 11-IE SW 1/4 ,... I ~ l F.P.&L. R/W EASEMENT 170' in ,., ~ ên .,¡. b o en t, ~~ Ag nda Item No.1 OD January 11, 2005 Page 35 of 242 'b ~ I') l5.,¡. /. , ~- -,., zZ wlJJ ¡EF.,¡. l5~~ 41.....,., z,en :::i-W ~enF VlIJJ 0Fl5 EXHIBIT-Å Page~of~ PROJECT ~O%C1 Z. \ PARCEL C\ y FOLIO my )"r;~y(Yx>q SKETCH AND DESCRIPTION OF A 15' UTILITY EASEMENT IN lHE NW 1/4 OF lHE SW 1/4 OF SECTION 14. TWP 50 S, RGE 26 E. COLUER COUNTY, FLORIDA \ NORTH LINE OF 11-IE N 1/2 OF "----11-IE S 1/2 OF 11-IE NW 1/4 OF 11-IE SW 1/4 15.02' N8ï33'J4"E :I: :n I") ~ ª u. O.¡. N........ ........- -:I: ZZ .w w~ tl') jE t- .¡. ~ ................ .¡. 00- 8· WN~ Z........tI) Z :J~W t-tI)jE tI)W ~jE~ N 1/2 OF THE S 1/2 OF THE NW 1/4 OF THE SW 1/4 FOUO NO.: 00418240009 ¡.,. o IÓ ~ F.P.&L. R/W EASEMENT 170' 15' !Œt F.P.&L.-FLORIOA POWER & LIGHT CO. R/W - RIGHT-OF-WAY P.O. B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT SOUTIì LINE OF TIìE N 1/2 OF ( TIìE S 1/2 OF TIìE NW 1/4 OF J n TIìE SW 1/4 P.O.B. W ~~ ~N. P.O.C. 1")1") 0................ -fSW CORNER OF ~:!! ~;; SECTION 14 8 ~ :J w II) _ _ _ N87'38'03"E 1167.67' _ _ z _ ~ ¡!: ~ /' '- SOUTIì LINE SECTION 14 w ~ DFSCRIPT10N OF A 15-FOOT STRIP OF LAND L Y1NG IN TIìE NORTIì 1/2 OF TIìE SOUTIì 1/2 OF TIìE NORTIìWEST 1/4 OF 11-IE SOUtl-IWEST 1/4 OF SECTION 14, TOWNSHIP 50 SOU11-I, RANGE 26 EAST, COLUER COUNTY, FLORIDA: ¡.,. o IÓ I") I") S87'J4'19"W 15.02' COMMENCING AT 11-IE SOU11-IWEST CORNER OF SAID SECTION 14, 11-IENCE RUN N87'36'03"E, A DISTANCE Of 1,167.67 FEET ALONG 1HE SOU11-I LINE OF SAID SECTION; 11-IENCE RUN NOO'49'35"E, A DISTANCE OF "1675.35 FEET ALONG A LINE 11-IAT RUNS PARALLEL TO 11-IE EAST LINE OF 1HE WEST 1/2 OF 11-IE SOU11-IYÆ:ST 1/4 TO 1HE POINT OF BEGINNING; 11-IENCE CONTINUE NOO'49'35"E, A DISTANCE OF 335.07 FEET ALONG 11-IE YÆ:ST LINE OF A 170-FOOT FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT, SAID LINE RUNNING PARALlEL TO 1HE EAST LINE OF SAID NOR1H 1/2 OF 11-IE SOU1H 1/2 OF 1HE NOR1HYÆ:ST 1/4 OF 11-IE SOU1HWEST 1/4; 11-IENCE RUN N87'33'34"E, A DISTANCE OF 15.02 FEET ALONG 1HE NORTH LINE OF SAID NORTH 1/2 OF THE SOU11-l 1/2 OF 1HE NOR11-IYÆ:ST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN SOO'49'35"W, A DISTANCE OF 335.07 FEET ALONG A LINE 11-IAT IS PARALLEL TO SAID EAST LINE; THENCE RUN S67"34'19"W. A DISTANCE OF 15.02 FEET ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF 1HE SOU11-IYÆ:ST 1/4 TO 1HE POINT OF BEGINNING. CONTAINING 5,026 SQUARE FEET OR 0.12 ACRES, MORE OR LESS. ---~~ lliilE; 11-IE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A ~ELD SURVEY OF SECTION 14. BASJS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '63í90. THIS IS NOT A SURVEY dI:.t'.. KEY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIl..; SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIP1l0N: DATE: 8/3/04 SCALE: 1"=100' REV: 10/20/04 15' UTILITY EASEMENT IN THE NW 1/4 OF ìHE SW 1 4 OF SEC 14-50-26 PROJECT No: 020901 DWG No;SEC14T-AE(P7) SHEET: 1 OF 1 . WILKISON (FOR THE FIRM LB6773) PRO SJONAL SURVEYOR AND MAPPER FLORIDA UCENSE NO,. LS 4876 THIS ~AY OF ~ 2004. Ag nda Item No. 100 January 11 , 2005 Page 36 of 242 EXHIBIT A Page-åLof r~S' PROJECT 1()~C1 Z ) PARCEL '8;)s"" F OU 0 CO l-f 1(" I" O()(JQ 1 SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE NW 1/4 OF THE SW 1/4 OF SECllON 14, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA N87"J2'49"E 155.24' ¡, ~J J. \ NORTIi LINE OF THE S 1/2 OF '--- THE N 1/2 OF "THE NW 1/4 OF 1HE SW 1/4 ~~ ~- -3: Vlz ...... F¡!:.... ~~:::- ...~3: 'b Z.....VI .- ::J-w 11'1 ....z¡!: 0") VI ... O")~¡!:~ S 1/2 OF THE N 1/2 OF NW 1/4 OF THE SW 1/4 FOUO NO.: 00416600007 1:; ui ~ ¡r: ~ Õ> :t' F.P .&L. R/W § EASEMENT 170' ,- in a ¡- I w :z (/) >- w I o¡-:=! IŒr: ê5 ~ ¡¡¡ F.P.&L-FLORIDA POWER & LIGHT CO. œ: ¡- « ... R/W - RIGHT-OF-WAY 1l.q=> w ~ P.O.B.-POINT OF BEGINNING õ> P.O.C.-POINT OF COMMENCEMENT ~ SOUTH LINE OF "THE S 1/2 OF z (THE N 1/2 OF THE NW 1/4 OF P OB THE SW 1/4 Ir' . . . 155.24' .!" S87'JJ'34"W ;.< ~~ ci~ ~8 z ;> -+P'O'C' SW CORNER OF SECTION 14 N87"38'03 E -- þ '- SOU1H LINE SECTION 14 ------I ~~~ !i!;; :J...VI t;F~ ~ ~ J' 1182.69' DESCRIPTION OF A PARCEL OF LAND LYING IN "THE SOUTH 1/2 OF 'mE NOR1H 1/2 OF THE NOR'mWEST 1/4 OF THE SOUTIiWEST 1/4 Of' SECTION 14, TOWNSHIP 50 SOU'm, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT 1HE SOUTHWEST CORNER OF SAID SECTION 14, THENCE RUN N87'38'03"E, A DISTANCE OF 1,182.69 FEET ALONG lHE SOU1H LINE OF SAID SECTION; THENCE RUN NOO"49'35"E, A DISTANCE OF 2,010.42 FEET ALONG A LINE TIiAT RUNS PARAlLEL TO THE EAST LINE OF 1HE WEST 1/2 OF 'mE SOUTIiWEST 1/4 TO THE POINT OF BEGINNING: 'mENCE CONTINUE NOO'49'35"E, A DISTANCE OF 335.07 FEET ALONG A LINE RUNNING PARAU..EL TO THE EAST LINE OF SAID SOU"TH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF 1HE SOUTHWEST 1/4; THENCE RUN N87"32'49"E, A DISTANCE OF 155.24 FEET ALONG THE NORTH LINE OF SAID SOUTH 1/2 OF THE NORTIi 1/2 OF THE NORTHWEST 1/4 OF 1HE SOUTHWEST 1/4; THENCE RUN SOO'49'35"W, A DISTANCE OF 335.10 FEET ALONG TIiE EAST LINE OF SAID SOUTH 1/2 OF TIiE NORTH 1/2 OF TIiE NOR"THWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN S87"33'J4"W, A DISTANCE OF 155.24 FEET ALONG THE SOUTH LINE OF THE SOU"TH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF 1HE SOU"THWEST 1/4 TO TIiE POINT OF BEGINNING. C¡;;NT NING51,9J9 SQUARE FEET OR 1.19 ACRES, MORE OR LESS. ~ tiQIE; I .-:. 1HE PARCEl BEARING, DISTANCES, AND AREAS ---- '--- ------ -: CALCULA"TED ARE BASED ON A FIELD SURVEY Of' JAME N. WILKISON (FOR "THE FIRM LB6773) SECTION 14. BASIS OF BEARING: STATE PLANE PR SSIONAL SURVEYOR AND MAPPER COORDINATE SYSTEM, FLA. EAST ZONE. '83Î90. FLORIDA LICENSE NO LS..Æ!76 "THIS~AY Of' ~2004. THIS IS NOT A SURVEY JEFFREY C. COONER AND AssoaA TES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGCCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. ~ARCEL DESCRIPTION: DATE: 8/3/04 SCALE: 1".100' tREV: 10/20/~ ACCESS EASEMENT IN THE NW 1/4 I OF THE SW 1/4 OF SEC 14-50-26 PROJECT No: 020901 DWG No:SEC14T-AE(AE6)ISHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 37 of 242 EXHIBIT A Page~of "~ PROJECT -.:]0<;\'121 PARCEL 91S" FOLIO W,--\ 110 (o(Xytil SKETCH AND DESCRIPTION OF A 15' UTILITY EASEMENT IN THE NW 1/4 OF THE SW 1/4 OF SECTION 14, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA \ NOR1'H UNE OF 111E S 1/2 OF '--- 111E N 1/2 OF 111E NW 1/4 OF THE SW 1/4 15.02' N8T32' 49"E ~ . II) I') '" :t- o o III F.P.&L. R/W EASEMENT 170' S 1/2 OF THE N 1/2 OF NW 1/4 OF THE SW 1/4 FOUO NO.: 00416600007 ¡... o wi I') I') Lo.- o~ "'- :::-~ IIIZ WW ï!:ï!:v :;; ~~:::- ~ w"'~ V. z'(I ::J-W 8 I- Z ï!: Z (l w ~ï!:\5 15' m.: F.P.&L-FLORIDA POWER &: UGHT CO. RjW - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT ( SOU111 UNE OF THE S 1/2 OF 111E N 1/2 OF THE NW 1/4 OF THE SW 1/4 P.O.B. ~. P.O.C. ~~ ~~~ + SW CORNER OF '" å "5 ~:: SECTION 14 8'" 0> 0> _ _ _ NB7'3B'03"E 1167.67' Z ~ ~ ~ -I' '-- SOUTH UNE SECTION 14 W Lo.- o DESCRIPTION OF A 15-FOOT STRIP OF LAND LYING IN THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUlHWEST 1/4 OF SECTION 14, TOWNSHIP 50 SOU111. RANGE 26 EAST, COWER COUNTY, FLORIDA: W ~ ; 8 z ¡.... o wi I') ", S87'33'34"W 15.02' COMMENCING AT 1'HE SOUTHWEST CORNER OF SAID SECTION 14, 1'HENCE RUN N87'38'03"E, A DISTANCE OF 1,167.67 FEET ALONG THE SOUni UNE OF SAID SECTION; niENCE RUN NOO'49'35"E, A DISTANCE OF 2.010.42 FEET ALONG A UNE THAT RUNS PAR~EL TO THE EAST UNE OF niE WEST 1/2 OF niE SOUTHWEST 1/4 TO niE POINT OF BEGINNING; THENCE CONTINUE NOO·49'35"E. A DISTANCE OF 335.07 FEET ALONG niE WEST UNE OF A 170-FooT FLORIDA POWER AND UGHT COMPANY RIGHT-OF-WAY EASEMENT, SAID UNE RUNNING PARALLEL TO niE EAST UNE OF SAID SOUTH 1/2 OF niE NORTH 1/2 OF THE NORTHWEST 1/4 OF niE SOUTHWEST 1/4; THENCE RUN N87'32'49"E, A DISTANCE OF 15.02 FEET ALONG THE NORTH UNE OF SAID SOUTH 1/2 OF THE NORTH 1/2 OF THE NORniWEST 1/4 OF THE SOUniWEST 1/4; niENCE RUN SOO'49'35"W, A DISTANCE OF 335.07 FEET ALONG A LINE niAT IS PARALLEL TO THE EAST UNE OF SAID SOUni 1/2 OF THE NORTH 1/2 OF niE NORTHWEST 1/4 OF THE SOUniWEST 1/4; THENCE RUN S87·33'34"W. A DISTANCE OF 15.02 FEET ALONG THE SOUTH LINE OF THE SOUTH 1/2 OF niENORTH 1/2 OF THE NORTHWEST 1/4 OF niE SOUTHWEST 1/4 TO THE POINT OF BEGINNING. CONTAININ~ 5.026 SQUARE FEET OR 0.12 ACRES, MORE OR LESS. ---' _::._-~ ~ niE PARCEL BEARING. DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECTION 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM. FLA. EAST ZONE. '83(90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOOA lES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4. FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPllON: DATE: 8/3/04 SCALE: '·-100' REV: 10/20/04 15' UTILITY EASEMENT IN THE NW 1/4 OF THE SW 1 4 OF SEC 14-50-26 PROJECT No: 020901 DWG No:SEC14T-AE(P6) SHEET: 1 OF 1 J N~ WlLKISO!'I (FOR niE FIRM LB6773) PR SSlONAL SUR~OR AND MAPPER FLORIDA UCENSE f\I.O. 1.$3876 THIS ?:!:.::!:DAY O~.ez::: 2004. Ag nda Item No. 100 January 11, 2005 Page 38 of 242 EXHIBIT--L page.Ä!Lof~ PROJECT r¡O~C¡2..1. PARCEL~ FOLIO (Y)41 K LðrYý) l TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) ----_..._----- SKETCH AND DESCRIPTION OF A 30' TEMPORARY CONSTRUCTION EASEMENT IN THE NW 1/4 OF THE SW 1/4 OF SECTION 14, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA PROPOSED UTILITY EASEMENT NBT32'04"E NORni LINE OF niE SW 1/4 EXISTING ROAD AND UTILITY -mE¡;¡[R'r õ:!f.ÏÕ9B;7i59 NB7"32'04"E 1066.75' ---- J.LI '" It) :::-~~~ ~ ZF -- V ", !s~,,"~ ·8 :r ",- F"'~:r,," Z !s:::-FFII> ....zl5l5~ ~~~~!5 ~I!;~~ F.P.&L. R/W EASEMENT <i. ~ o r:¡ IJJ 15 IJJ - ;~ - 0 ~I') 8 1JJ Zz :J I~ § 170' SB7"32'04"W 1066.76' N 1/2 OF niE N 1/2 OF niE NW 1/4 OF niE SW 1/4 FOUO NO.: 00418280001 ~ Ó N <D N z o en Q: IJJ C Z IJJ :t: IJJ . It) I') in ,. o o z KEY: F.P.&:L.-FLORIDA POWER &: LIGHT CO. R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT S UNE SECTION 14 1167.67' NB7'3B'03"E _ DESCRIPTION OF A 30-FOOT SlRlP OF LAND LYING IN niE NORni 1/2 OF niE NORni 1/2 OF THE NORTHWEST 1/4 OF THE SOU1HWEST 1/4 OF SECTION 14, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLUER COUNTY. FLORIDA: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 14, THENCE RUN NB7"38'03"E, A DISTANCE OF 1,167.67 FEET ALONG 1HE SOUTH UNE OF SAID SECTION; THENCE RUN NOO'49'35"E, A DISTANCE OF 2620.46 FEET ALONG A LINE THAT RUNS PARALlEL TO THE EAST UNE OF THE WEST 1/2 OF THE SOU1HWEST 1/4 TO THE POINT OF BEGINNING: THENCE RUN S87·32'04"W. A DISTANCE OF 1066.76 FEET ALONG A UNE THAT RUNS PARALLEL TO THE NORTH UNE OF 1HE SOUTHWEST 1/4 OF SAID SECTION TO THE EAST RIGHT-OF-WAY UNE OF COUNTY ROAD 951; THENCE RUN NOO-SO'44"E. A DISTANCE OF 30.05 FEET ALONG SAID EAST RIGHT-OF-WAY UNE: THENCE RUN N87"32'04"E. A DISTANCE OF 1066.75 FEET ALONG A UNE THAT RUNS PARALLEL TO THE NORTH UNE OF 1HE SOUTHWEST 1/4 OF SAID SECTION, SAID UNE ALSO BEING THE SOUTH LINE OF A 30-FOOT ROAD AND UTlUTY EASEMENT AS RECORDED IN OFfICIAL RECORDS BOOK 1096, PAGE 159, PUBUC RECORDS OF COLUER COUNTY, FLORIDA; THENCE RUN SOO'49'3S"W, A DISTANCE OF 30.06 FEET ALONG THE WEST UNE OF A 170-FOOT FLORIDA POWER AND UGHT RIGHT-OF-WAY EASEMENT, SAID UNE RUNNING PARALLEl TO THE EAST LINE OF SAID NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 TO 1HE POINT OF BEGINNING. CONTAINING 32.004 SQUARE FEET OR 0.73 ACRES, MORE OR LESS. ~J~ --- ------------------ JAM N. WILKISON (FOR 1HE FIRM LB6773) PRO SSlONAL SURVEYOR AND MAPPER FlORrn~_UCENSE N~ ~ 4676 THIS~h-.¡)AY OF ~ 2004. tiQ.1t; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECTION 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE. '83(90. THIS IS NOT A SURVEY Jt:.t't-t<EY C. COONER AND ASSOClA1ES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.CmA CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. ">ARCEL DESCRIPllON: DATE: 6/3/04 SCAlE: 1"-100' REV: 9/13/04 TEMP. CONSTRUCTION EASEMENT IN 1HE NW 1/4 OF ìHE SW 1/4 OF SEC 14-50-26 PROJECT No: 020901 DWG No: SEC14T-AE{TCS) SHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 39 of 242 SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE NW 1/4 OF THE SW 1/4 OF SECTION 14, TWP 50 S, N UNE OF OF THE N 1/2 RGE 26 E, COLLIER COUNTY, FLORIDA OF THE N 1/2 OF THE NW 1/4 OF THE SW 1/4 ~ THE PARCEL BEARING. DISTANCES, AND AREAS CALCULATED ARE BASED ON A FlELD SURVEY OF SECTION 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE. '83(90. THIS IS NOT A SURVEY \l:,l-tREY C. COONER AND ASSOCIA 1ES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNG@COONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPì10N: DATE: 8/3/04 SCALE: 1"-60' REV: 10/20/04 ACCESS EASEMENT IN THE NW 1/4 OF THE SW 1 4 OF SEC 14-50-26 PROJECT No: 020901 DWG No:SEC14T-AE(AE5) SHEET: 1 OF 2 EXHIBIT A Page~of~ NOO'49'35"E 10.02' N 1/2 OF THE N 1/2 OF NW 1/4 OF THE SW 1/4 FOLIO NO.: 00418280001 I a r- I W z gj>-w Cl.>-¿ ~g~ Cl.::>w V: Ii ~ :or 8 z S UNE OF THE N 1/2 OF THE N 1/2 OF THE NW 1/4 OF THE SW 1/4 { S UNE SECTION 14 1182.69' N8T3~3"E __L~_____ JAMES . 'MLKISON (FOR THE FIRM LB6773) PROF[ IONAL SURVEYOR AND MAPPER FLORIDA UCENSE NO~ ~ 4876 THIS ~AY OF ~ 2004. PROJECT ~~q 2.. \ PARCEL l(p- _ FOlIO Cú4-\<f.2.~I· 'b SOO'49'35"W 10.02' N87'32'04"E 155.26' -- 58T32'04"W 155.26' N87"J2'04"E 155.26' N o .n o I") Ù> o .n o I") ..... O~ N~ ~ ~~ zZ ~ WW W ¡!:¡!:~¡!:-;¡:- ~~~~~ wN~W~ z,cnzcn ::J~w::Jw I-z¡!:l-¡!: (/)W (/) ~¡!:~~~ 170' F.P.&L. R/W EASEMENT P.O.B. #1 587"32' 4S"W 155.24' tŒ:(: F.P.&:L-FLORIDA POWER &: UGHT CO. R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O. C.-POINT OF COMMENCEMENT SEE SHEET 2 OF 2 FOR DESCRIPTION Ag nda Item NO.1 00 January 11, 2005 Page 40 of 242 EXHIBIT ..-L page~of~ PROJECT ...c:1ö~C¡ 2.. \ PARCEL 15" \(p FOLIO Q)4\'82..<6CWI SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE NW 1/4 OF THE SW 1/4 OF SECTION 14, TWP 50 S. RGE 26 E, COLLIER COUNTY, FLORIDA DESCRIPilON OF PARCELS OF LAND LYING IN TI-iE NORTI-i 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF TI-iE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA: (1)COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 14, THENCE RUN NBT38'03"E, A DISTANCE OF 1,182.69 FEET ALONG THE SOUTH UNE OF SAID SECilON; THENCE RUN NOO'49'35"E, A DISTANCE OF 2345.49 FEET ALONG A UNE THAT RUNS PARAlLEL TO TI-iE EAST UNE OF THE WEST 1/2 OF THE SOUTHWEST 1/4 TO THE POINT OF BEGINNING; THENCE CONilNUE NOO'49'35"E, A DISTANCE OF 305.02 FEET ALONG A UNE RUNNING PARAlLEL TO THE EAST UNE OF SAID NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4; TI-iENCE RUN N87'32'04"E, A DISTANCE OF 155.26 FEET ALONG A UNE TI-iAT IS PARAlLEL TO TI-iE NORTH UNE OF SAID NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4; TI-iENCE RUN SOO'49'35"W, A DISTANCE OF 305.06 FEET ALONG SAID EAST UNE; THENCE RUN S87'32'49"W. A DISTANCE OF 155.24 FEET ALONG THE SOUTH UNE OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, TO THE POINT OF BEGINNING, AND, (2)COMMENClNG AT THE SOUTHWEST CORNER OF SAID SECTION 14, THENCE RUN NB7'3S'03"E, A DISTANCE OF 1,1B2.69 FEET ALONG THE SOUTH UNE OF SAID SECllON; THENCE RUN NOO'49'35"E, A DISTANCE OF 2670.54 FEET ALONG A UNE THAT RUNS PARAlLEL TO THE EAST UNE OF THE WEST 1/2 OF TI-iE SOUTI-iWEST 1/4 TO THE POINT OF BEGINNING; THENCE CONTINUE NOO'49'35"E, A DISTANCE OF 10.02 FEET ALONG SAID UNE; THENCE RUN N87'32'04"E, A DISTANCE OF 155.26 FEET ALONG THE NORTH UNE OF SAID NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4; TI-iENCE RUN SOO'49'35"W, A DISTANCE OF 10.02 FEET ALONG SAID EAST UNE; THENCE RUN S87'32'Q4."W, A DISTANCE OF 155.26 FEET ALONG A UNE THAT RUNS PARAlLEL TO THE NORTH UNE OF SAID NORTH 1/2 OF THE NORTI-i 1/2 OF TI-iE NORTI-iWEST 1/4 OF THE SOUTI-iWEST 1/4 TO TI-iE POINT OF BEGINNING. CONTAINING 48,834 SQUARE FEET OR 1.12 ACRES, MORE OR LESS. SEE SHEET 1 OF 2 FOR SKETCH JEFFREY C. COONER AND ASSOOA TES. INC. SURVEYING AND UAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEY1NGCCOONER.COU CLIENT: GREELEY AND HANSEN, u..c DRAWN BY: JNW CHECKED BY: J.N.W. PARCEl DESCRIPTION: DATE: 8/3/04 SCALE: NA tREV: 10/20/04 ACCESS EASEMENT IN THE NW 1/4 OF THE SW Ù..¡, OF SEC 14-50-26 PROJECT No; 020901 DWG NO:SEC14T-AE(AE5) I SHEET: 2 OF 2 Ag nda Item No. 100 January 11, 2005 Page 41 of 242 EXHIB\TL page...11-of ~ PROJECT 1o~q z. \ PARCEL q \ (p FOLIO LY)<-f 1 x2XC(X::>I SKETCH AND DESCRIPTION OF A UTILITY EASEMENT IN THE NW 1/4 OF THE SW 1/4 OF SECTION 14, TWP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA NORtH UNE OF THE SW 1/4 å ")0 Oil'] d!'l :or 8 I/) ~ % < (,) I ~ WD: 1% (,) ::IÕ ~I/) D:ffi ....0 I/)Z ~~ S87"32'04 W N87'32'04"E 155.26' å ('oj N8T32'04"E g EXlS11NG 30' ROAD AND U11UT'I' EASEMENT O.R. 1098/170 1066.75' '(o.¡ o iii o I") '(o.¡ o iii o I") S87"3Z'04"W 155.26' F.P.&L. R/W EASEMENT 170' å '" ~ . 10 I") ... :or 8 I/) "'w~'" ,-¡!:-'- ;l5~;~ W- w('ojw:r:~ ¡!:'-¡!:....(I) l5;l5l5~ wLIJ",,*,W ~¡!::::-~l5 UJ~~~ N 1/2 OF THE N 1/2 OF THE NW 1/4 OF THE SW 1/4 FOUO NO.: 00418280001 S UNE OF THE N 1/2 OF THE N 1/2 OF THE NW 1/4 Of THE SW 1/4 S UNE SECTION 14 N87"38'03"E _ 1167.67' ~: F.P.&L-FLORIDA POWER & UGHT CO. R/W - RIGHT-Of-WAY P.O.B.-POINT OF BEGINNING P.O. C.-POINT OF COMMENCEMENT SEE SHEET 2 OF 2 FOR DESCRIPTION I:iQ.If; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A RELD SURVEY OF SECT10N 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE. '83(90. THIS IS NOT A SURVEY ~"KEY C. COONER AND ASSOOATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BL YD., sum: 4, FORT t.A'l'ERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNG@COONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPT10N: DATE: 8/3/04 SCALE: 1"-100' REV: 10/20/04 UTIUTY EASEMENT IN THE NW 1/4 OF THE SW 1 4 OF SEC 14-50-26 PROJECT No: 020901 DWG No: SEC14T-Þ.E(P5) SHEET: 1 OF 2 -~.. ": ,y' ~~Ë-.-;CK7~~~-;~~~~ LB6773) PRO IONAL SURV£YOR AND MAPPER FLORIDAUCEN. SENQ. ~4876 THIS ~»AY O~ 2004. Ag nda Item No. 10D January 11, 2005 Page 42 of 242 EXHIBIT -L page~of~ PROJECT -.:J () ~q è. \ PARCEL Ci Ic, FOLIO C04 \~z.. i)cxY) SKETCH AND DESCRIPTION OF A UTILITY EASEMENT IN THE NW 1/4 OF THE SW 1/4 OF SECTION 14, TWP 50 S, RGE 26 E, COLUER COUNTY, FLORIDA ,- DESCRIPTION OF A STRIP OF LAND LYING IN THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COUJER COUNTY, FLORIDA: COMMENONG AT THE SOUTH~T CORNER OF SAID SECTION 14, THENCE RUN N87'38'03"E, A DISTANCE OF 1,167.67 FEET ALONG THE SOUTH UNE OF SAID SECTION; THENCE RUN NOO'49'35"E, A DISTANCE OF 2345.49 FEET ALONG A UNE THAT RUNS PARAU..EL TO THE EAST UNE OF THE WEST 1/2 OF THE SOUTHWEST 1/4 TO THE POINT OF BEGINNING; THENCE CONTINUE NOO·49'35"E. A DISTANCE OF 305.02 FEET ALONG THE WEST UNE OF A 170-FOOT FLORIDA POWER AND UGHT RIGHT-OF-WAY EASEMENT, SAID UNE RUNNING PARAU.EL TO THE EAST UNE OF SAID NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN S87'32'04"W, A DISTANCE OF 1066.75 FEET ALONG A LINE THAT RUNS PARAu.EL TO THE NORTH UNE OF THE SOUTHWEST 1/4 OF SAID SECTION, SAID UNE ALSO BEING THE SOUTH UNE OF A 30-FooT ROAD AND UTlUTY EASEMENT AS RECORDED IN OmOAL RECORDS BOOK 1098, PAGE 170, PUBUC RECORDS OF COWER COUNTY, FLORIDA. RUNNING TO THE EAST RIGHT-OF-WAY UNE OF THE HENDERSON CREEK CANAL; THENCE RUN NOO'50'44"E, A DISTANCE OF 20.03 FEET ALONG SAID EAST RIGHT-OF-WAY UNE; THENCE RUN N87·32'04"E. A DISTANCE OF 1066.74 FEET ALONG A LINE THAT RUNS PARAU..EL TO THE NORTH UNE OF THE SOUTHWEST 1/4 OF SAID SECTION; THENCE RUN NOO'49'35"E, A DISTANCE Of 10.02 FEET ALONG SAID WEST UNE Of SAID 170-FOOT FLORIDA POWER AND UGHT RIGHT-OF-WAY EASEMENT TO SAID NORTH UNE; TIiENCE RUN N87'32'04"E, A DISTANCE OF 15.02 FEET ALONG SAlO NORTH UNE; THENCE RUN SOO'49'3S"W, A DISTANCE OF 10.02 FEET ALONG A UNE THAT RUNS PARALLEL TO SAID EAST UNE; THENCE RUN N87"32'Q4"E, A DISTANCE OF 155.26 FEET ALONG A UNE THAT IS PARAu.EL TO SAID NORTH UNE; THENCE RUN SOO·49'35"W. A DISTANCE OF 20.03 FEET ALONG SAID EAST UNE; THENCE RUN S87'32'04"W, A DISTANCE Of 155.26 FEET ALONG A UNE THAT IS PARALLEL TO SAID NORTH UNE; THENCE RUN SOO'49'35"W, A DISTANCE OF 305.02 FEET ALONG A UNE THAT RUNS PARAU.EL TO SAID EAST UNE; THENCE RUN S87'32'49"W. A DISTANCE OF 15.02 FEET ALONG THE SOUTH UNE OF SAID NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTH~T 1/4 TO THE POINT OF BEGINNING. CONTAINING 29,466 SQUARE FEET OR 0.68 ACRES, MORE OR LESS. SEE SHEET 1 OF 2 FOR SKETCH I d:.fFREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD.. SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAI\'; SURVEYlNGCCOONER.COM CUENT: GREELEY AND HANSEN. LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTlON: DATE: 8/3/04 SCALE: 1"-100' I REV: 10/20/04 UTlUTY EASEMENT IN THE NW 1/4 OF THE SW 1/4 OF SEC 14-50-26 PROJECT No: 020901 DWG No:SEC14T-AE(PSjSHEET: 2 OF 2 Ag nda Item NO.1 00 January 11 , 2005 Page 43 of 242 EXHIBIT ,A Page~of~ PROJECT 'lO'X~ 2..1 PARCEl '1 ,~ FOLIO CD'-t 11'::4CCn01 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) -~-,_._--~-_.__..._- SKETCH AND DESCRIPTION OF A SO' TEMPORARY CONSTRUCTION EASEMENT IN THE NE 1/4 OF THE SW 1/4 OF SECl10N 14, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA N87'32'04"E !>IORni LINE OF niE W 1/2 OF niE W 1/2 OF THE NE 1/4 OF niE SW 1/4 EXISTING ROAD AND UllLITY. - - -nSËÏiËNTcrn. 1099j22í7 g ":;"' ~ïL S8T32'Q4·W r PROPOSED PRODUCTION WEll NO. 16 UllLlTY EASEMENT ... 0.. ...' ,- -w ~z Ww ¡!:¡!:.. ~~> w"'~ z,v> ::;;w I- ¡!: v>w ~¡!:~ --- --- w w ¡!:.. ...' 0- ~~ ::¡w I-¡!: V> ~15 PROPOSED TEMPORARY CONSTRUCTION EASEMENT FOR PRODUC1l0N WELL NO. 16 F.P.&L. R/W EASEMENT ... , w 'In ,.., '" .. b a z "" 0.. ...' ,- -w ~z wW ¡!:¡!:.. ~b> w"'~ z>V> ::¡~w I- ¡!: V>W ~¡::\:; ) P.O.C. SW CORNER OF SECllON 14 W 1/2 OF THE W 1/2 OF THE NE 1/4 OF THE SW 1/4 FOUO NO.: 00416400001 -~S~NE SECTlON 14 IS.E):: F.P.&L.-FLORIDA POWER & LIGHT CO. R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS BOOKjPAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT SEE SHEET 2 OF 2 FOR DESCRIP1l0N --~-" ---¿~-- JA N. WILKISON (FOR niE FIRM L8677.3) PR SSIONAL SURVEYOR AND MAPPER FLORIDA UCENSE NQ., L~ 4676 'THIS~'fJAY OF~ 2004. IiQIE; 'THE PARCEL BEARING, DISTANCES. AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECTlON 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83/90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIA 1£5, INC. SURVEYING AND MAPPING 3900 COlONIAL BLVD., SUITE"', FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAJL: SURVEYlNG@'COONER.COM CUENT: GREELEY AND HANSEN. LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARŒL DESCRIPllON: DATE: 8/3/D4 SCALE: 1"-60' REV: 10/20/04- TEUP. CONS1RUCTlON EASEUENT IN 'THE NE 1/4 OF lHE SW 1/4 OF SEe 14--50-26 PROJECT No: 020901 DWG No:SEC14T-AE(TC14 SHEET: 1 OF 2 Ag nda Item NO.1 OD January 11, 2005 Page 44 of 242 EXHIBIT ..L P age ..1:IQ..... of -1..i:2- PROJECT -.:Jo'f.q z. I PARCEL ~ FOLIO ('041 "R40DOO I TEMPORARY CONSTRUCTION EASEMENT (DURA nON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) --~.~--. --~ - - --- --~-~~ SKETCH AND DESCRIPTION OF A 80' TEMPORARY CONSTRUCTION EASEMENT IN THE SW 1/4 OF THE SW 1/4 OF SECTION 14, TWP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA DESCRIPTlON OF" 3O-F"00T STRIPS OF' LAND LYING IN iHE WEST 1/2 OF iHE WEST 1/2 OF" iHE NDRiHEAST 1/4 OF' "!HE SOUTHWEST 1/4 OF' SECTlON 14, TO'M'lSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA: (1)COMMENCING AT THE SOUTHWEST CORNER OF" SAID SECTlON 14, THENCE RUN N87'38'03"E. A DISTANCE OF" 1,337.94 FEET ALONG THE SOUTH UNE OF" SAID SECTlON; THENCE RUN NOO'49'35"E, A DISTANCE OF" 2650.79 FEET ALONG "!HE WEST LINE OF" THE EAST 1/2 Of THE SOUTHWEST 1/4 TO THE POINT OF" BEGINNING; THENCE RUN N87'32'04"E, A DISTANCE OF' 78.49 FEET ALONG "!HE SOUTH LINE OF" A 3D-FOOT ROAD AND Ul1UTY EASEMENT AS RECORDED IN OF"FlCIAL RECORDS BOOK 1099, PAGE 2277, PUBUC RECORDS OF COWER COUNTY, FLORIDA, SAID UNE RUNNING 30 FEET SOU"!H OF" (AS MEASURED AT RIGHT ANGLES), AND PARALLEL TO, "!HE NORTH LINE OF SAID WEST 1/2 OF" THE WEST 1/2 OF "!HE NORTHEAST 1/4 OF "!HE SOU"!HWEST 1/4; "!HENCE RUN S02"27'56"E, A DISTANCE OF" 30.00; iHENCE RUN S87"32'04"W, A DISTANCE OF 80.22 FEET ALONG A LINE "!HAT IS PARALLEL TO THE SAID NOR"!H LINE; "!HENCE RUN NOO'49'35"E, A DISTANCE OF" 30.05 FEET ALONG "!HE WEST UNE OF SAID WEST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOU"!HWEST 1/4, AND TO THE POINT OF BEGINNING, AND, (2)COMMENCING AT "!HE SOUTHWEST CORNER OF" SAID SECl10N 14, THENCE RUN N87'38'03"E, A DISTANCE OF 1,337.94 F"EET ALONG "!HE SOUTH LINE OF SAID SEC110N; THENCE RUN NOO'49'3S"E, A DISTANCE OF 2650.79 FEET ALONG THE WEST LINE OF "!HE EAST 1/2 OF" "!HE SOU"!HWEST 1/4; THENCE RUN NBT32'04"E, A DISTANCE OF 258.49 FEET ALONG THE SOUTH LINE OF" SAID ROAD AND UTILITY EASEMENT TO THE POINT OF BEGINNING; THENCE CONTINUE N87'32'04"E, A DISTANCE OF 75.81 FEET ALONG SAID SOUTH LINE TO THE EAST LINE OF SAID WEST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF "!HE SOUTHWEST 1/4; THENCE RUN SOO'49'18"W, A DISTANCE OF 30.05 FEET ALONG SAID EAST LINE; THENCE RUN S8T32'04"W, A DISTANCE OF 74.08 FEET ALONG A LINE THAT IS PARALLEL TO "!HE NORnI LINE OF SAID WEST 1/2 OF "!HE WEST 1/2 OF" THE NOR"!HEAST 1/4 OF nlE SOUnlWEST 1/4; "!HENCE RUN N02"27'S6"E, A DISTANCE OF 30.00 FEET TO nlE POINT OF BEGINNING. CONTAINING 4,630 SQUARE FEET OR 0.11 ACRES, MORE OR LESS. SEE SHEET 1 OF 2 FOR SKETCH Sf'REY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGCCQONER.COM CUENT: GREElEY AND HANSEN. LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 8/3/04 SCALE: NA I REV: 10/20/04 TEMP. CONSTRUCTION EASEMENT IN THE NE 1/4 OF THE SW 1/4 OF SEC 14-50-26 PROJECT No: 020901 DWG No:SEC1<H-AE(TC14jSHEET: 2 OF 2 Ag nda Item NO.1 00 January 11, 2005 Page 45 of 242 EXHIBITL Pag e -1-1-- of -1lS:.- 1cJZq 2. I 911 004 t '8.400(0 I PROJECT PARCEL FOLIO ~ UJ '- :J:~- I- UJ~ ,,-UJz'- O¡!:UJ- ~~¡!:~ :::i ~w I-~O¡!: VI-N ~~:::-~ SKETCH AND DESCRIPTION OF A 20' UTILITY EASEMENT IN THE NE 1/4 OF THE SW 1/4 OF SECìlON 14, ìWP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA NORTH UNE OF THE W 1/2 OF THE W 1 /2 OF THE NE 1/4 OF THE SW 1/4 N87'32'04"E N87'32'04"E 334.30' EXIS1lNG ROAD AND U1lUTY EASEMENT O.R. 1099/2277 g S87'32'04"W '0 334.30' ~, OeD N ó.- '- ..,.N ~ - UJ'- ' ~¡!:- 8 UJ"-~ VI ¡!:o~ "-~¡!: 0_ ~~~ :JUJ~ I- ¡!: :::- VI <"-UJ woz KE.'(' ~ F.P.&L-FlORIDA POWER & UGHT CO. R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS 800K!pAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT P.O.B. ÏrJJU â~ N¡" ,. o ..,. o '- z UJ~ ¡!:¡n ,,-UJ o¡!: UJ,,- 50 Iñ~ ~:; W 1/2 OF THE W 1/2 OF THE NE 1/4 OF THE SW 1/4 FOUO NO.: 00418400001 ¡" ,.... g U) N F.P.&L. R!W EASEMENT ¡.>J I/') ..., ¡" ,. o o z P.O.C. SW CORNER OF SEC1l0N~4 N87'38'03"E 1337.94' SOUTH UNE SEC1l0N 14 ---- ~ DESCRIP1l0N OF A 20-FOOT STRIP OF LAND LYING IN THE WEST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SEC1l0N 14, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COWER COUNTY, FLORIOA: COMMENCING AT THE SOUTHWEST CORNER OF SAID SEC1l0N 14. 11iENCE RUN N67"38'03"E, A DISTANCE OF 1.337.94 FEET ALONG THE SOUTH UNE OF SAID SEC1l0N; THENCE RUN NOO'49'35"E, A DISTANCE OF 2650.79 FEET ALONG THE WEST UNE OF THE EAST 1/2 OF 11iE SOUTHWEST 1/4 TO THE POINT OF BEGINNING; THENCE CON1lNUE NOO'49'35"E, A DISTANCE OF 20.03 FEET ALONG THE WEST UNE OF SAID WEST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN N67"32'04"E, A DISTANCE OF 334.30 FEET ALONG A UNE RUNNING 10 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES), AND PARAu.EL TO, THE NORTH UNE OF SAID WEST 1/2 OF l} E WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4; l} ENCE RUN SOO'49'18"W, A DISTANCE OF 20.03 FEET ALONG THE EAST UNE OF SAID WEST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN S67"32'04"W, A DISTANCE OF 334.30 FEET ALONG THE SOUTH UNE OF A 3D-FOOT ROAD AND UTlUTY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 1099, PAGE 2277, PUBUC RECORDS OF COWER COUNTY, flORIDA, SAID UNE RUNNING 30 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES), AND PARAu.EL TO, SAID NORTH UNE AND TO THE POINT OF BEGINNING. CONTAINING 6,666 SQUARE FEET OR 0.15 ACRES, MORE OR LESS. J~- t:I.QIf¡ THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A RELD SURVEY OF SEC1l0N 14. BASIS OF BEARING: STATE PLANE COORDINATE SYS1EM, FLA. EAST ZONE, '83ï90. JAM . WILKISON (FOR THE FIRM L86773) PRO SSIONAL SURVEYOR AND MAPPER flORIDA UCENSE NO. LS 4876 l} IS _ DAY OF _ 2004. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES. INC. SURVEY1NG AND MAPPING 3900 COLONIAL BLVD., SUITE 4. FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EM AIL: SURVEY1NGOCOONER.COM CUENT: GREELEY AND HANSEN. LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPllON: DATE: 8/3/04 SCALE: 1"=60' REV: 10/20/04 20' U1lUTY EASEMENT IN THE NE 1 4 OF mE SW 1 4 OF SEC 14-50-26 PROJECT No: 020901 DWG No:SEC14T-AE(P14) SHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 46 of 242 EXHIBITL page~of~ PROJECT ~ PARCEL ~ F Oll 0 (y") L.j I X 4CCYX:> I TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) ---.--- P.O.C. NW CORNER OF W 1/2 OF lliE W 1/2 OF THE NE 1/4 OF THE SW 1/4 SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO. 16 IN THE NE 1/4 OF THE SW 1/4 OF SEC1l0N 14, TWP 50 S. RGE 26 E. COWER COUNTY. FLORIDA /2 NOR1H UNE OF 1HE W 1/2 OF 1HE W 1 r- OF THE NE 1/4 OF 1HE SW 1/4 N87'32'04"E I '- EXISTING 30' ROAD .MiD I,!I!\JTY 76.77' _ _ - ~ EASEMENT 0.R.l099/22777 I N87'32'0'"E _ _ - ~ N87'32'04"E .. +--0 ~ ~ 60.00' }!JgP.O.B. 60.00' ~"8 "8 18 ~g ~ ~ ~ 60.00' ~ ~ E }! '8 ß N8T32·04·E ~ V! ~ g PROPOSED ~ PRODUC~ON Z WELL NO, 16 PROPOSED 20' UTILITY EASEMENT UTILITY 180.00' EASEMENT S87'32'04.W w .18 8¡... g~ ~ 0 V! F.P.&L. R/W EASEMENT IŒ.':(: F.P.&L.-FlORIDA POWER & UGHT CO. R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS BOOK/PAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT W 1/2 OF THE W 1/2 OF THE NE 1/4 OF THE SW 1/4 FOUO NO.: 00418400001 DESCRIPTION OF PARCEL OF LAND LYING IN 1HE WEST 1/2 OF 1HE WEST 1/2 OF 1HE NOR1HEAST 1/'" OF 1HE SOU'THWEST 1/4 OF SECTION 14, TO'MIISHIP 50 SOUTIi. RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT THE NORTHWEST CORNER OF SAID WEST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/'" OF 'THE SOU1HWEST 1/.... 'THENCE RUN N87·32·0...·E, A DISTANCE OF 76.77 FEET ALONG THE NORTH UNE OF SAID WEST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4: 1HENCE RUN S02"27'56·E. A DISTANCE OF 30.00 FEET TO THE SOUlli UNE OF A 3O-FOOT ROAD AND UTlUTY EASEMENT Þ$ RECORDED IN OFFICIAL RECORDS BOOK 1099, PAGE 2277. PUBUC RECORDS OF COWER COUNTY. flORIDA. AND, TO THE POINT OF BEGINNING: 1HENCE RUN N87'32'04"E, A DISTANCE OF 60.00 FEET ALONG SAID SOUTIi EASEMENT UNE, SAID UNE RUNNING 30 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES), AND PARALLEL TO. TliE NOR1H UNE OF SAID WEST 1/2 OF TliE WEST 1/2 OF TliE NORTHEAST 1/'" OF THE SOU1HWEST 1/4; TliENCE RUN S02'27'56"E. A DISTANCE OF 40.00; THENCE RUN N87'32'04"E, A DISTANCE OF 60.00 FEET ALONG A UNE THAT IS PARALLEL TO SAID NORTH UNE; THENCE RUN N02·27'56·W. A DISTANCE OF 40.00 FEET; 1HENCE RUN N87·32·0...·E. A DISTANCE OF 60.00 FEET ALONG SAID SOUTIi EASEMENT UN£; THENCE RUN S02"27'56"E, A DISTANCE OF 100.00; THENCE RUN S87·32'04"W. A DISTANCE OF 180.00 FEET ALONG A UNE THAT IS PARALL£L TO SAID NORlli UNE; 1HENCE RUN N02"27'56·W, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. CONTAINING 15,600 SQUARE FEET OR 0.36 ACRES. MORE OR LESS. ~ ~ J:-A" - . N~.·.-WI~U<--Ir-O· ~N: ~·(FOR- ..:E- F-IR:: L8677") ~t~~~ ~~~R~;š~ISJ~N,fE~~~~J~S OF '" " on "'.... SECTION 14. BASIS OF BEARING: STATE PLANE PR ONAL SURVEYOR AND MAPPER COORDINATE SYSTEM. FLA. EAST ZONE. ·83Î90. ~?:~~Nl~~~~~4. 1HIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIA -rES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4. FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGIOCOONER.COM ,_ CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPllON: WELL NO. 16 DATE: 8/23/04 SCALE: 1".60' REV: 10/20/04 TEMP. CONSTRUCTION EASEMENT IN THE NE 1 4 OF TliE SW 1 4 OF SEC 14-50-26 PROJECT No: 020901 WG NC:SEC14W-TCE(TC16) SHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 47 of 242 EXHIBIT~ Page.!ÍL.of ~ PROJECT 109/1 Z I PARCEL Y 19- FOLIO C()l-H 'x-l.{C(X;O l SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 16 IN THE NE 1/4 OF THE SW 1/4 OF SEC1l0N 14, TWP 50 S. RGE 26 E. COLLIER COUNTY, FLORIDA P.O.C. NW CORNER OF W 1/2 OF THE W 1/2 OF THE NE 1/4 OF THE SW 1/4 ~ N87"32'04"E . 136~77' --I'- NORTH LINE OF THE W 1/2 OF THE W 1/2 I OF THE NE 1/4 OF THE SW 1/4 --10 - - ~ - - --;- ROAD AÑDUTILlTY - !Org- PROPOSEO 20~ EEAXI~~E~T30 O.R. 1099/2277 ì ~\ó UTILITY ;>"M N J') EASEMENT ~ 1 N87'32'04"E _ P.O.B. 60.00' ~ ~ 'b o ~ ~ .... o Z --- - -- ------,j'- ! ì~ F.P.&L. R/W EASEMENT w . <D gill .r-- ~1:: ~ ID: F.P.&L-FLORIDA POWER & LIGHT CO. R/W - RIGHT-OF-WAY O.R. - OmCIAL RECORDS BOOK/PAGE P.O.B.-POINT OF BEGINNING P.D.C.-POINT OF COMMENCEMENT 60.00' S87"32'Q4"W W 1/2 OF THE W 1/2 OF THE NE 1/4 OF THE SW 1/4 ¡. FOLIO NO.: 00418400001 DESCRIPTION OF PARCEL OF LAND LYING IN THE VÆ:ST 1/2 OF THE I'ÆST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHVÆ:ST 1/4 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT THE NORTHI'ÆST CORNER OF SAID VÆ:ST 1/2 OF THE VÆ:ST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHVÆ:ST 1/4, THENCE RUN N87'32'04"E, A DISTANCE OF 136.77 FEET ALONG THE NORTH LINE OF SAID VÆ:ST 1/2 OF THE VÆ:ST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHVÆ:ST 1/4: THENCE RUN S02'27'56"E, A DISTANCE OF 30.00 FEET TO THE SOUTH LINE OF A 3D-FOOT ROAD AND UTILITY EASEMENT AS RECORDED IN OmClAL RECORDS BOOK 1099, PAGE 2277, PUBLIC RECORDS OF COWER COUNTY, FLORIDA, AND, TO THE POINT OF BEGINNING; THENCE RUN N87'32'04"E, A DISTANCE OF 60.00 FEET ALONG SAID SOUTH EASEMENT LINE, SAID LINE RUNNING 30 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES), AND PARALl£L TO, THE NORTH LINE OF SAID WEST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN S02'27'56"E, A DISTANCE OF 40.00; THENCE RUN S87"32'04"W, A DISTANCE OF 60.00 FEET ALONG A LINE THAT IS PARALLEL TO THE SAID NORTH LINE; THENCE RUN N02'27'56"E, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2,400 SQUARE FEET OR 0.06 ACRES, MORE OR LESS. ~;; Ch~~~~ LB6773) PR~¡0~~RVEYOR AND MAPPER FLORIDA.. LICENSE Ng., ~ 4876 THIS ~-ðA Y OF t/ 2004. tiQ1!; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECTION 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83/90. 11-IIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOOA TES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CUENT: GREElEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: WELL NO. 16 DATE: 8/23/04 SCALE: 1"-60' . REV: 10/20/04 PROOUCTION WELL UTlUTY EASEMENT IN THE NE 1/4 OF THE SW 1/4 OF SEe 14 50-26 PROJECT No: 020901 DWG NO:SEC14W-TCE(PtdSHEET: 1 OF 1 Ag nda Item No.1 00 January 11, 2005 Page 48 of 242 EXHIBIT L Page""y'!-of ~ PROJECT ~ PARCEL ~ ::-OLIO œt..{\'ß3~cxr>Z. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) -. _._._--_..~ t~ ~~ SKETCH AND DESCRIPTION OF A 80' TEMPORARY CONSTRUCTION EASEMENT IN THE NE 1/4 OF THE SW 1/4 OF SECllON 14, TWP 50 S, RGE 26 E. COWER COUNTY, FLORIDA r:NORTH UNE OF THE r:PROPOSED 20' E NE 1/4 OF THE SW 1/4 "0 UTIUTY EASEMENT NORTH UNE OF THE E 1/2 OF TH . J. 1 ~ W 1L2 OF tHE NE 1/4 OF 1'\oIE SW 1/4 N87'32'04"E -.l. EXlS'TING ROAD AND UTIUTY-r-:\_ - - - _ _ _ _ _ -¡ _~ v;sE¡m¡T(1).lt iõ987fš9 ~ - I n ~ ~A7.~2·04·Þ A '~4 ~[). /' N87'32'04"E J' 334.30'-... P. .. '8 ~ -"70-' - t: '8 d 15 f ~ . ~o ~ ~ & ;534.30' Q - - -8 N S87'32'04&W " ~ .... ~ z ............. _w""'" ~~, w~~ ~~~ w~~ w~~ ~ ~ ~ ~ ~~~ ~~~ E 1/2 OF THE W 1/2 OF THE ~3I:~ ~3I:~ NE1/40FTHESW1/4 ::Jw.:t, ::Jw.... ~~~ \ñ~'> FOUO NO.: ~I!>~ ~ \5 ~ 00418:560002 L Iœ(; I F'.P.&L.-R.ORIDA POWER '" UGHT CO. ...,....-' R/W - RIGHT-OF'-WAY O.R. - OffiCIAL RECORDS BOOKjPAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF CQIoAMENCEt.lENT j. -- F.P.BeL. R/W _- EASEMENT i ì N ~.... ~ ~'> ~ ~~ Õt w~ :t' Z:I: 8 ::JF Z 1ii\5 ~~ P.O.C. SW CORNER OF SECTION ,1~; N87'38'03"E ~ \3~7.94' \.. W ¡ SOUTH UNE SECTION 14 DESCRIPTION OF A 3D-F'00T S1RIP OF' LAND LYING. IN THE EAST 1/2 OF' 'THE WEST 1/2 OF THE NORTHEAST 1/4 OF' THE SOU'THWEST 1/4 OF' SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, R.ORIDA: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 14, THENCE RUN N87"38'03"E, A DISTANCE OF 1,337.94 FEET ALONG 'THE SOU'TH UNE OF SAID SECTION: THENCE RUN NOO'49'35"E, A DISTANCE OF 2650.79 FEET ALONG THE VlEST UNE OF THE EAST 1/2 OF THE SOUTHWEST 1/4; THENCE RUN N87'32'04"E, A DISTANCE OF' 334.30 FEET ALONG THE A UNE THAT RUNS PARALLEL TO THE NORTH UNE OF THE NORlHEAST 1/4 OF THE SOUlHWEST 1/4 TO THE POINT OF' BEGINNING: THENCE CONTINUE N87"32'04"E, A DISTANCE OF' 334.30 FEET ALONG THE SOUTH UNE OF' A 30-F'00T ROAD AND UilUTY EASEMENT AS RECORDED IN OffiCIAL RECORDS BOOK 1098, PAGE 159, PUBUC RECORDS OF COLUER COUNTY, f1.0RIDA, UNE RUNNING 30 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES), AND PARAlLEL TO, THE NORTH UNE OF' THE EAST 1/2 OF THE WEST 1/2 OF' THE NORTHEAST 1/4 OF lHE SOUTHVlEST 1/4; THENCE RUN SOO'49'01"W. A DISTANCE OF 30.05 FEET ALONG THE EAST UNE OF SAID EAST 1/2 OF' THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4: THENCE RUN S87'32'04"W, A DISTANCE OF 334.30 FEET ALONG A UNE THAT IS PARALLEL TO SAID NORTH UNE; THENCE RUN NOO'49'18"E, A DISTANCE OF 30.05 FEET ALONG THE WEST UNE OF' SAID EAST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF lHE SOUlHWEST 1/4, AND TO THE POINT OF BEGINNING. CONTAINING 10,028 SQUARE FEET OR 0.23 ACRES, MORE OR LESS. ~~ wm: , THE PARCEL BEARING, DISTANCES. AND AREAS ____ _________ CALCULA1ED ARE BASED ON A FIELD SURVEY OF' JAM N. WILKISON (F'OR THE FIRM LB6773) SECTION 14. BASIS Of' BEARING: STATE PLANE ~ I!)~SI~~~~~Y~R ~~ MAPPER COORDINATE SYSTEM, FLA. EAST ZONE, '83190. THIS ~"DAY OF(D..M:: 2004. l'HIS IS NOT A SURVEY ~EY C. COONER AND ASSOCIA1ES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD" SUITE 4, FORT MYERS, FlORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGCCOONER.COM ..- CUENT: GREELEY AND HANSEN, u..c DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 8/3/04 SCALE: 1--60' REV: 10/20/04 . TEt.lP. CONSTRUCl1ON EASEMENT IN THE I NE 1/4 OF THE SW 1/4 OF SEC 14-50-26 PROJECT No: 020901 DWG No:SEC14T-AE(TC15\ SHEET: 1 OF' \ Ag nda Item No. 10D January 11. 2005 Page 49 of 242 EXHIBIT A page~of~ PROJECT ~()<t-.C¡ Z. I PARCEL Cl [C\ FOLIO OC>4'y;"~(I)OC:YJz. SKETCH AND DESCRIPTION OF A 20' UTILITY EASEMENT IN THE NE 1/4 OF THE SW 1/4 OF SECTION 14, TWP 50 S. RGE 26 E, COWER COUNTY, FLORIDA NORTI-I UNE OF "THE E 1/2 OF TI-lE W 1/2 Of"THENE140FTI-lESW14 N87'32'O " 334.30' EXISTING ROAD AND UTIUTY EASEMENT 587"3204 W c - NORTI-I UNE OF TI-lE NE 1/4 OF TI-lE SW 1/4 NS7'32'04"E --- NB7'32'04"E -~ 334.30 P.O.B. F.P.&L R/W EASEMENT 141 ~~ ~ jEl4I ÒI ...i5 :r ° 8 ..,:5 z z ::J ¡- III ~ "1141..,. :::-i5~ 14I15~ IIJ 111 i5~'" ...-i5 o~:5 "'w ~i5~ 1ñ:5::; ~ z ~ SOUTI-I UNE SECTION 14 .., w~:5 i5-..,. ...~, °LaJ-..... ~jE~:::- ::J...w~ ¡-0jElI1 111"1 .., ~:::-I!ii5 m: L F.P.&L..-FLORIDA POWER & UGHT CO. R/W - RIGHT-Of-WAY O.R. - OFFICIAL RECORDS BDOKjPAGE P.O.B.-POINT Of BEGINNING P.D.C.-POINT OF COMMENCEMENT ~~ -- E 1/2 OF THE W 1/2 OF mE NE 1/4 OF THE SW 1/4 FOUO NO.: 00418360002 P.O.C. SW CORNER Of SECTION 14 NS7"3B'03"E 1337.94' DESCRIPTION Of A 2a-FOOT STRIP OF LAND LYING IN TI-lE EAST 1/2 Of tHE WEST 1/2 Of tHE NORTI-lEAST 1/4 OF TI-lE SOUTI-lYo£ST 1/4 Of SECTION 14, TOWNSHIP 50 SOUTI-I, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT TI-lE SOU'l1-lWEST CORNER OF SAID SECTION 14, TI-lENCE RUN NB7'3B'03"E, A DISTANCE Of 1,337.94 FEET ALONG tHE SOU11-l UNE OF SAID SECTION; 11-IENCE RUN NOO'49';55"E, A DISTANCE OF 2650.79 FEET ALONG TI-lE WEST UNE OF THE EAST 1/2 OF THE SOUTI-lWEST 1/4; 11-IENCE RUN N87'32'04"E, A DISTANCE OF 334.30 FEET ALONG A UNE 11-IAT RUNS PARAlLEL TO TI-lE NOR11-I UNE OF TI-lE NORTI-lEAST 1/4 OF TI-lE SOU11-lWEST 1/4 TO TI-lE POINT OF BEGINNING: 11-IENCE RUN NOO'49'1S"E, A DISTANCE OF 20.03 FEET AlONG TI-lE WEST UNE Of SAID EAST 1/2 OF THE WEST 1/2 OF tHE NORTI-lEAST 1/4 OF tHE SOU11-lWEST 1/4; TI-lENCE RUN N87"32'04"E. A DISTANCE Of 334.30 FEET AlONG A UNE RUNNING 10 FEET SOU11-I OF (AS MEASURED AT RIGHT ANGlES), AND PARALLEL TO, 11-IE NORTH UNE OF SAID EAST 1/2 OF THE WEST 1/2 OF TI-lE NORtHEAST 1/4 OF 11-IE SOUTHWEST 1/4; TI-lENCE RUN SOO'49'01"W, A DISTANCE OF 20.03 FEET ALONG 11-IE EAST UNE OF SAID EAST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF 11-IE SOUTI-lWEST 1/4; 11-IENCE RUN S87"32'04"W, A DISTANCE OF 334.30 FEET ALONG TI-lE SOUTI-I UNE OF A 3O-FOOT ROAD AND UTIUTY EASEMENT AS RECORDED IN OFAClAL RECORDS BOOK 109B, PAGE 159, PUBUC RECORDS OF COWER COUNTY, FLORIDA, SAID UNE RUNNING 30 FEET SOU'I1-I OF (AS MEASURED AT RIGHT ANGLES), AND PARALLEL TO, SAID NOR11-I UNE AND TO tHE POINT Of BEGINNING. CONTAINING 6,686 SQUARE FEET OR 0.15 ACRES, MORE OR LESS. JÆdö~~ LB6773) P~~¿;~ÁL SURVEYOR AND MAPPER FLORIDA UCENSE NO. LS 4876 THIS ~AY OF o,~ 2004. Mm: 11-IE PARCEL BEARING, DISTANCES, AND AREAS CAlCULATED ARE BASED ON A FIElD SURVEY OF SECTION 14. BASIS Of BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, 'B3/90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4. FORT M'ÆRS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EM AIL: SURVEYlNGCCOONER.COM CUENT: GREELEY AND HANSEN, u.c DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRJPll0N: DATE: 6/3/04 SCALE: 1".60' REV: 10/20/04 20' UTIUTY EASÐ.IENT IN 1HE NE 1/4 OF TI-lE SW 1 4 OF SEC 14-50-26 PROJECT No: 020901 DWG No:SECI4T-AE(P15) SHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 50 of 242 EXHIBITL page2t.!t....of ~ PROJECT -..:I()~~ 2..l PARCEL~ FOLIO CX)4\~~:(VO TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) ----------~----~--_.__.__. ¡, Î~ J. SKETCH AND DESCRIPTION OF A 80' TEMPORARY CONSTRUCTION EASEMENT IN THE NE 1/4 OF THE SW 1/4 OF SECll0N 14, TWP 50 S, RGE 26 E, COLUER COUNTY, FLORIDA PROPOSED 20' /2 OF nlE NE OF THE ( UllUTY EASEMENT rNORTH UNE OF THE '!I 1 E SW 1 '4 r--NORTH U /4 E 1 '2 OF 11iE NE 1/4 OF TH 1/' I NE 1/4 OF 11iE SW 1 ~ _ ,:h-~ - - _ _ ~7~4"L _ ~ EXlSllNG ROAD ÞONDUWTY EASEt.I~~ ~~; ~ ~ 1359/1429 ., P 0 B NA7'32'n4"'" a ~ /" N87'32'04"E 668.60 -. ... .. ~ r 7~'- ~ ~~ Ii!~ PIi! a ~ _ _ ~ .... S87'32'04"W 334.:50' ~ w ~ ª Z ~w~ ~¡!:- ~¡!:; ~~~ W~cn F W ¡!: W ~~¡!: ~? ~o¡!: W 1/2 OF THE E 1/2 OF THE ~ ~ ~ z- NE 1/4 OF THE SW 1/4 ::¡:....... ~w~ §F_ t;:j!:~ FOUO NO.: "'w ~ ~ ~ 00418320000 0 Z \ ~c!d..-FtORIDA POWER &: UGHT CO. L ~ R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS BOOK/pAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT UllUTY-UllUTY F.P.&:L. R/W _- EASEMENT ~ ') g ID W .... ¡!:~ w ~ ,., ~ 8 Z ~~ Ww ~¡!: I-~ ~~ - P.O.C. SW CORNER ~A~F SEC110N N87'38'03"E< 1337.94' " I SOUiH UNE SECllON 14 - w . O~IPT1ON OF A 3O-FOOT STRIP OF LAND LYING IN THE WEST 1/2 OF iHE EAST 1/2 OF iHE NORTHEAST 1/4 OF THE SOUiHWEST 1/4 OF SECTION 14, TOWNSHIP 50 SOUiH, RÞONGE 26 EAST, COWER COUNTY, FtORIDA: COMMENCING AT THE SOUiHWEST CORNER OF SAID SECllON 14, '!HENCE RUN N87'38'03"E, A DISTANCE OF 1,337.94 FEET ALONG THE SOUTH UNE OF SAID SECllON; '!HENCE RUN NOO'49'3S"E, A DISTANCE OF 2650.79 FEET ALONG THE WEST UNE OF THE EAST 1/2 OF THE SOUTHWEST 1/4; THENCE RUN N87'32'04"E, A DISTANCE OF 668.60 FEET ALONG A UNE iHAT RUNS PARAU.EL TO '!HE NORiH UNE OF iHE NORlHEAST 1/4 OF '!HE SOUTHWEST 1/4 TO THE POINT OF BEGINNING; THENCE CONllNUE N87'32'04"E, A DISTANCE OF 334.30 FEET ALONG THE SOUTH UNE OF A ROAD AND Ui1UTY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 1359. PAGE 1429. PUBUC RECORDS OF COWER COUNTY. FtORIDA, SAID UNE RUNNING 30 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES), AND PARALLEL TO, iHE NORTH UNE OF THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4: THENCE RUN SOO'48'44"W, A DISTANCE OF 30.05 FEET ALONG THE EAST UNE OF SAID M:ST 1/2 OF iHE EAST 1/2 OF' THE NOR1HEAST 1/4 OF THE SOUTHM:ST 1/4; THENCE RUN S87'32'04"W, A DISTANCE OF 334.30 FEET ALONG A UNE THAT IS PARAU.EL TO SAID NORTH UNE: THENCE RUN NOO'49'01"E, A DISTANCE OF 30.05 FEET ALONG THE WEST UNE OF SAID M:ST 1/2 OF THE EAST 1/2 OF lHE NORlHEAST 1/4 OF THE SOUTHWEST 1/4, TO 11-IE POINT OF BEGINNING. CONTAINING 10,028 SQUARE FEET OR 0.23 ACRES, MORE OR LESS. WUE: THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SEC110N 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83/90. 'THIS IS NOT A SURVEY £FFREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD.. SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 Et.4AIL: SURVEYlNGOCOONER.COM _ CUENT: GREELEY AND HANSEN. LLC DRAWN BY: .JoIW CHECKED BY: J.N.W. PARCEL DESCRIP110N: DATE: 8/3/04 SCALE: 1"..60' I REV: 10/20/04 . TEMP. CONS1RUCi10N EASEMENT IN iHE NE 1/4 OF THE SW 1/4 OF SEC 14-50-26 PROJECT No: 020901 DWG NO:S£C14T-AE(TC1ojSHEET: 1 OF 1 --µ;'.I';;:-~---- JA;if;='~~~~' (FOR THE FIRM LB6773) PROFESSIONAL SURVEYOR AND MAPPER FtORlDA UCENSE NO..... ~ 4876 THIS ~"'DAY OF ~ 2004. Ag nda Item No.1 00 January 11, 2005 Page 51 of 242 EXHIBIT A Page.J{Lof ..l..1e2- I'ROJECT 1f"{Ci 2.. \ PARCEl _ 1LD FOLIO CÐ~ \ 'ß'~XU'.ú SKETCH AND DESCRIPTION OF A 20' UTILITY EASEMENT IN THE NE 1/4 OF THE SW 1/4 OF SECTION 14, TWP 50 S, RGE 26 E. COWER COUNTY, FLORIDA "0 NOR'TH UNE OF 'THE NE 1/'" OF 'THE SW 1/'" EXISTING ROAD AND Ul1U1Y EASEMENT Ìi! P.O. . 587'32'04 W . O.R. 1359/1"'29 ~ g ~ ~ ~ ~ N87'32·0...·E J' 668.60' - w 6 ~ õ> d ;to N 8 z ~~w w~¡; F-... ...wo °w~ w¡;~ W 1/2 OF THE E 1/2 OF THE NE ~~~~ 1/4 OF THE SW 1/4 Ii; N w- FOLIO NO.: L5 ~F ~ 00418320000 ~ ISE:t F.P.&l..-FLORIDA PO'IÆR '" UGHT CO. R/W - RIGHT-OF-WAY O.R. - OFFlClAL RECORDS BOOK/PAGE P.O.B.-POINT OF BEGINNING P.O. C.-POINT OF COMMENCEMENT F.P.&L. R/W EASEMENT ~ ') co N w~ w_ ¡;~ 15~ ~F :J~ I- ~~ ... ~ow .....~¡!: F-15 l5~~ ~F~ :J"'w~ ......0%_ cn('o w~ ~~F(/) ) P.O.C. SW CORNER OF SEC110N ,... !41 It) I" õ> ;to 8 z N87'38'03·E 1337.9...· SOU'TH UNE SECTION ,... DESCRIPl10N OF A 20-FooT STRIP OF LAND LYING IN 'THE WEST '/2 OF THE EAST 1/2 OF THE NORTHEAST ,/... OF 'THE SOUTHWEST 1/'" OF SECllON ,.... TO'M' SHIP 50 SOUTH. RANGE 26 EAST, COWER COUNTY. FLORIDA: COMMENCING AT 'THE SOUTHWEST CORNER OF SAID SEC110N 1.... THENCE RUN N87·38·03"E. A DISTANCE OF '.337.9'" FEET ALONG THE SOUTH UNE OF SAID SEC1l0N; 'THENCE RUN Noo·...9·:55·E. A DISTANCE OF 2650.79 FrET ALONG THE WEST UNE OF THE EAST '/2 OF THE SOU'THWEST 1/"'; THENCE RUN N87'32'04·E, A DISTANCE OF 668.60 FEET ALONG A UNE THAT RUNS PARALLEL TO THE NOR'TH UNE OF 'THE NORTHEAST 1/'" OF THE SOU'THWEST 1/'" TO 'THE POINT OF BEGINNING; THENCE RUN NOO·...9·01·E. A DISTANCE OF 20.03 FEET ALONG THE WEST UNE OF SAID WEST 1/2 OF THE EAST 1/2 OF 'THE NOR'THEAST '/4 OF THE SOUTHWEST '/4; THENCE RUN N87·32·04·E. A DISTANCE OF 334.30 FEET ALONG A UNE RUNNING 10 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES), AND PARALLEL TO. 'THE NORTH UNE OF SAID WEST '/2 OF THE EAST 1/2 Of 'THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN SOO·48·"""·W, A DISTANCE OF 20.0:5 FrET ALONG THE EAST UNE OF SAID WEST 1/2 Of THE EAST 1/2 OF THE NORTHEAST 1/4 OF 'THE SOU'THWEST 1/"'; 'THENCE RUN S87·:52·0...·W. A DISTANCE OF 334.30 FEET ALONG 'THE SOU'TH UNE OF A 3G-FOOT ROAD AND UTIUTY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 1359, P"GE 1429. PUBUC RECORDS OF COLUER COUNTY. FLORIDA. SAID UNE RUNNING 30 FEET SOU'TH OF (AS MEASURED AT RIGHT ANGLES.) AND PARALlEL TO, SAID NOR'TH UNE "ND TO 'THE POINT OF BEGINNING. CONTAINING 6.686 SQUARE FEET OR 0.15 ACRES. MORE OR LESS. ;- ~~(;OR TH;-FÏR~ LB6773) p~i~~k. SURVEYOR ANO MAPPER FLORIDA UCENSE NO. LS 4876 'THIS ~DA Y OF e2..ç= 2004. ~ 'THE PARCEL BEARING. OISTANCES. AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY DF SECTION 14. BASIS OF BEARING: STA1ë: PLANE COORDINATE SYSTEt.1. FLA. EAST ZONE. ·83Î90. THIS IS NOT A SURVEY ~EY C. COONER AND ASSOCIA 1ES. INC. SURVEYING AND MAPPING 3900 COLONIAL BlVt>.. SUITE 4, FORT MYERS. flORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL; SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN. u.c DRAWN BY: ..t4W CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 8/:5/04 SCALE: '·-60' REV: 10/20/04 20' UTlU1Y EASEMENT IN 'THE NE 1/'" OF 'THE SW 1 ... OF SEe 14-50-26 PROJECT No: 020901 DWG No:SEC14T-AE(P18) SHEET: 1 OF , Ag nda Item No.1 00 January 11, 2005 Page 52 of 242 EXHIBIT-L page~of~ PROJECT ''lOCb'1 z. , PARCEL '1 L \ fOLIO m41tt1G\Io(y..tJlp TEMPORARY CONSTRUCTION EASEMENT (DURATION: ) YEARS FROM COMMJ!NCEMENT OF CONSTRUCTION) -~._.--- ---~ SKETCH AND DESCRIPTION OF A 80' TEMPORARY CONSTRUCTION EASEMENT IN THE NE 1/4 OF lHE SW 1/4 OF SEC1l0N 14, TWP 50 S, RGE 26 E. COWER COUNTY, FLORIDA NORiH UNE OF E 1/2 OF 'THE E 1/2 'THENE14OF~ESW14 PRõPošËD 2r U11UTY EASEM~ '8~ . .... ~!'I ~ S8TJ W 1 4. I ~ PROPOSED TEMPORARY J CONSTRUCTION EASEMENT fOR PRODUCTION WELL NO. 17 L E 1/2 OF lHE E 1/2 OF lHE NE 1/4 OF lHE SW 1/4 FOUO NO.: 00416960006 ~: F.P.&L-FlORIDA POWER '" UGHT CO. R/W - RIGHT-OF-WAY O.R. - OFFlCIAL RECORDS BOOK!pAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT UllUTY-UllUTY F.P.&L. R/W EASEMENT ~ ~ g 1 cø N ~~ -- -- P.O.C. SW CORNER OF SECi10N 14 1&1 ~ ø. :ot 8 z SOUTH UNE SEC110N 14 DESCRIP110N OF A 3D-FOOT STRIP OF lAND LYING IN 'THE EAST 1/2 OF 'THE EAST 1/2 Of 'THE NOR'THEAST 1/'" OF 'THE SOU'THWEST 1/4 OF SEC110N 14. TOWNSHIP 50 SOU'TH. RANCE 26 EAST. COWER COUNTY. FlORIDA: COMÞ.lENClNG AT 'THE SOU'!HVÆ:ST CORNER OF SAID SEC110N 1.... iHENCE RUN N87·38·03·E. A DISTANCE OF 1,337.94 FEET ALONG iHE SOUiH UNE OF SAID SEC110N; iHENCE RUN Noo·...9·35·E. A DISTANCE OF 2650.79 FEET ALONG iHE VÆ:ST UNE OF 'THE EAST 1/2 OF THE SOU'THVÆ:ST 1/4: 'THENCE RUN N87·32'04·E. A DISTANCE OF 1002.90 FEET ALONG A UNE lHAT RUNS PARALLEL TO 'THE NORiH UNE OF 'THE NORiHEAST 1/4 OF 'THE SOU'THVÆ:ST 1/'" TO '!HE POINT OF BEGINNING: iHENCE CONi1NUE N87'32·04·E, A DISTANCE OF 154.00 FEET ALONG iHE SOUlH UHE OF A ROAD AND U11UTY EASEMENT AS RECORDED IN OFFlClAL RECORDS BOOK 1433, PAGE 855. PUBUC RECORDS OF COWER COUNTY, FlORIDA. SAID UNE RUNNING 30 FEET SOUiH OF (AS MEASURED AT RIGHT ANGlES). AND PARAl..LEL TO. iHE NORiH UNE OF 'THE EAST 1/2 OF THE EAST 1/2 OF 'THE NORiHEAST 1/'" OF iHE SOUiHVÆ:ST 1/"'; 'THENCE RUN SOO·48·27·W. A DISTANCE OF 30.05 FEET; 'THENCE RUN S87'32'04"W, A DISTANCE OF 154-.01 FEET ALONG A UNE '!HAT IS PARAl..LEL TO SAID NORlH UN£; iHENCE RUN NOO'48'"",,·E, A DISTANCE OF 30.05 FEET ALONG iHE WEST UNE OF SAID EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/'" OF iHE SOUTHWEST 1/4. TO '!HE POINT OF BEGINNING. CONTAINING ....621 SQUARE FEET OR 0.11 ACRES. MORE OR LESS. .-' fiQIE; iHE PARCEL BEARING. DISTANCES, AND AREAS CALCULATED ARE BASED ON A AELD SURVEY Of SECi10N 14. BASIS Of BEARING: STATE PlANE COORDINATE SYSTEM, FLA. EAST ZONE. '83(90. 'THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD.. SUITE 4, FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EM"IL: SURVEYlNGCCOONER.Cm.4 CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIP11ON: DATE: 8/3/04 SCALE: 1··60' REV: 10/20/04 TEMP. CONS1RUC11ON EASEMENT IN THE NE 1/4 OF '!HE SW 1/'" OF SEC 1.....50-26 PROJECT No: 020901 DWG No:SEC14T-AE(TC17 SHEET: 1 OF 1 - ---------- . Vt1LKISON (FOR '!HE FIRM LB6773) PR ONAL SURVEYOR AND MAPPER FlORIDA UCENSE NO. 1t.S-.4876 THIS 2J..£4 DAY OF ~ 2004. Ag nda Item No.1 00 January 11 , 2005 Page 53 of 242 EXHIBIT A Page~Of ,I.'$' PROJECT --.:JO~L PARCEL c¡ 2.l FOLIO CC>L...J I (Dq rnry1)(p SKETCH AND DESCRIPTION OF A 20' UTILITY EASEMENT IN THE NE 1/4 OF THE SW 1/4 OF SECTION 14, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA NORTH UNE Of' THE HE 1/4 OF THE SW 1/4 ~ N87'32'Q4"E ~ a Þ N ~ ~ '-.... Sì! -w'- Ìi'Í wjE; w~CI) jE w ~~jE 0... ~w~ ::Jw.... ~jE~ (I) ~~~ ~ N87'32'04"E I' 1002~ - w í a ~ ~ 8 z F.P.&L. R/W EASEMENT ~ ~ ~ w.... ¡:~ w ~ '" ¡" :r 8 z N '- .... "'w'- wjE'" w~~ jE w ~~jE w::;~ Z ::Jw.... IñjE~ ~!5~ ,J W 1/2 OF THE E 1/2 OF THE NE 1/4 OF THE SW 1/4 FOUO NO.: 00416960006 P.O.C. SW CORNER OF SECTION 14 ~~ Ww ~jE ~~ ~~ ~: F.P.&L-FlORIDA POWER & UGHT CO. R/W - RIGHT-Of'-WAY O.R. - OFFICIAL RECORDS BOOKjPAGE P.O.B.-POINT Of BEGINNING P.O.C.-POINT OF COMMENCEJ.4ENT w N87'38'03"E 1337.94' SOUTH UNE SECTION 14 DESCRIPTION Of'  20-FooT STRIP OF LAND LYING IN THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 50 SOUTH, RÂNGE 26 EAST, COlLIER COUNTY, FLORIDA: COMMENCING AT THE SOUTHWEST CORNER Of' SAID SECTION 14, THENCE RUN N87'38'03"E, A DISTANCE OF 1,337.94 FEET Þ.l.ONG THE SOUTH UNE Of' SAID SECl1ON; THENCE RUN NOO'49'35"E, A DISTANCE OF 2650.79 FEET Þ.l.ONG THE WEST UNE OF THE EAST 1/2 OF THE SOUTHWEST 1/4; THENCE RUN N87'32'04"E, A DISTANCE OF 1002.90 FEET ALONG A UNE THÂT RUNS PARALLEL TO THE NORTH UNE OF THE NORTHEAST 1/4 Of' THE SOUTHWEST 1/4 TO THE POINT OF BEGINNING; THENCE RUN NOO'48'#"E. A DISTÂNCE Of' 20.03 FEET ALONG THE WEST UNE OF SAID EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN N87'32'Q4"E, A DISTANCE OF 334.30 FEET ALONG A UNE RUNNING 10 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES), AND PARALLEL TO, THE NORTH UNE OF SAID EAST '/2 OF THE EAST 1/2 OF THE NORTHEAST '/4 OF THE SOUTHWEST '/4; THENCE RUN SOO·48'27"W. A DISTANCE OF 20.03 FEET ALONG THE EAST UNE OF SAID EAST 1/2 Of SAID EAST 1/2 OF THE NORTHEAST '/4 OF THE SOUTHWEST 1/4; THENCE RUN S87'32'04"W. A DISTANCE OF 334.30 FEET ALONG THE SOUTH UNE OF A 3O-FooT ROAD AND UTIUTY EASEMENT AS RECORDED IN OFFlCIAL RECORDS BOOK 1433, PAGE 855, PUBUC RECORDS Of COWER COUNTY, FLORIDA, SAID UNE RUNNING 30 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES), AND PARALLEL TO, SAID NORTH UNE AND TO THE POINT OF BEGINNING. CONTAINING 6,686 SQUARE FEET OR 0.15 ACRES, MORE OR LESS. ;-~~Ë-;'~~ LB6773) p~iC:AL SUR~YOR AND MAPPER FLORIDA UCENSE NO. LS 4876 THIS ~ DAY OF c2e.4:::;- 2004. t:IQIE; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A fiELD SURVEY OF SECTION 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83Î90. THIS IS NOT A SURVEY ~EY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD.. SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGCCOONER.COM CUENT: GREElEY AND HANSEN, U.C DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 8/3/04 SCALE: '"-60' REV: '0/20/04 20' Ul1UTY EASEMENT IN THE NE 1/4 OF THE SW 1 4 OF SEC 1+-50-26 PROJECT No: 020901 DWG No:S£C14T-AE(P17) SHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 54 of 242 EXHIBIT~ Pag e..!.iI:L of ....LI2..- PROJECT --.:Io~12 I PARCEL ~ FOLIO Œ>1.4!£pquaVw TEMPORARY CONSTRUCTION EASEMENT (DURATION, 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) -----"'--..-- SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION ."ELL NO. 17 IN THE NE 1/4 OF THE SW 1/4 OF SECTION 14, TWP 50 S. RGE 26 E. COWER COUNTY, FLORIDA r NORTH UNE OF THE E 1/2 OF THE E 1/2 OF THE NE 1/4 OF THE SW 1/4 " .~ EXISTING 30' ROAD AND U'tIUTY - ""C_..::=tASËiÃEÑfÕ.¡f.""'ï4337855 N8T32'Q4-E 13().22' . 1-.1;) N. . !i g P.O.B. ~ 50.08' N8T32'Q4-E 'b d (Ø PROPOSED 20' UTIUTY EASEMENT ILl ~" ~ 8 8 ... z E 1/2 OF ìHE E 1/2 OF THE NE 1/4 OF THE SW 1/4 FOUO NO.: 00416960006 180.30' S8T32'~W P.O.C. NE CORNER OF E 1/2 OF THE E 1/2 OF THE NE 1/4 OF THE SW 1/4 PROPOSED PRODUCTION WELL NO. 17 UTILITY EASEMENT LaJ~W LaJ~i5 i5:;~ ~ILI'" LaJi5:::- ~~w-t .... z... B~~~ ) W: F.P.4eL-FlORlDA POWER & UGHT CO. R/W - RIGHT-OF-WAY O.R. - omClAL RECORDS BOOK/pAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT DE'SCRtPl1ON Of A PARCEL Of' LAND LYING IN THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 14, TO~SHIP 50 SOUTH. RANGE 26 EAST, COWER COUNTY, flORIDA: COWMENClNG AT THE NORTHEAST CORNER OF SAID EAST 1/2 OF "!tiE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, THENCE RUN SOO'48'27"W. A DISTANCE OF 70.12 FEET ALONG THE EAST LINE OF' SAID EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 TO THE POINT OF BEGINNING; THENCE CONl1NUE SOO'48'27-W, A OISTANCE OF 60.10 FEET ALONG SAID EAST UNE: THENCE RUN SS7'32'04"W. A DISTANCE OF 180.30 FEET ALONG A UNE THAT RUNS PARALLEL TO THE NORTH UNE OF SAID EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF 1HE SOUTHWEST 1/4: 1HENCE RUN NOO'48'27·E. A DISTANCE OF 100.17 FEET ALONG A UNE THAT RUNS PARALlEL TO SAID EAST UNE: 1HENCE RUN N87'32'Q4-E. A DISTANCE OF 130.22 FEET ALONG THE SOU1H UHE OF A JC -FOOT ROAD AND Ul1UTY EASEMENT AS RECORDED IN OFFlClAL RECORDS BOOK 1433, PAGE 855. PUBUC RECORDS OF COLUER COUNTY, flORIDA, SAID UNE RUNNING 30 FEET SCU1H OF (AS MEASURED AT RIGHT ANGLES). AND PARAI.L£L TO, THE NORTH UNE OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4: THENCE RUN SOO'48'27-W. A DISTANCE OF 40.07 ALONG A UNE THAT RUNS PARALLEL TO SAID EAST UNE: THENCE RUN N87'32'04"E. A DISTANCE Of" 50.08 FEET ALONG A UNE THAT RUNS PARAI.L£L TO SAlO NORTH UNE TO THE POINT Of" BEGINNING. CONTAINING 16.052 SQUARE FEET OR 0.37 ACRES. MORE OR LESS. -bL - _k________ J N. WILKISON (FOR THE FIRM LB6773) P ONAL SURVEYOR AND MAPPER FlORIOA. u'ÇENSE NO. LS 4876 THIS rl.!Z.6f'!bAY OF ~ 2004. tI.OJE; THE PARCEl. BEARING, DISTANCES. AND AREAS CALCULA1m ARE BASED ON A FIElD SURVEY OF SECTION 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM. FLA. EAST ZONE, '83/90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4. FORT M'tERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 £MAIL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN. U.C DRAWN BY: .J> W CHECKED BY: J.N.W. PARCEL DESCRIPllON: WELL NO. 17 DATE: 8/3/04 SCALE: 1"-60' REV: 10/20/04 TEMP. CONS1'RUC110N EASEMENT IN THE NE 1 4 OF THE SW 1 4 OF SEe 14-50-26 PROJECT No: 020901 WG NO:SEC14W-TCE(TC17) SHEET: 1 OF' 1 Ag nda Item No.1 00 January 11, 2005 Page 55 of 242 EXHIBIT A Page~Of~ PROJECT '10~q z.1 PARCEL ~ L.? FOLIO 0:::/4 \(oc\'(oCYfJlp SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION "ELL NO" 17 IN THE NE 1/4 OF THE SW 1/4 OF SECTION 14, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA ¡--NOR'TH UNE OF 'THE E 1/2 OF 'THE E 1/2 ; OF ThE NE 1/4 OF 'THE SW 1/4 ~..mSmllì-JO:...ß.OA!L6NtLU.J1LJIL - - - -, EASEMENT O.R. 1433/855 :-\ "---- PROPOSED 20' P.O.B. UTILITY N87'32'04"E EASEMENT . 5O.OS' E 1/2 OF THE E 1/2 OF THE NE 1/4 OF THE SW 1/4 FOUO NO.: 00416960006 .... . Fi 1:; ~ g 8 z ¡... o g 5O.OS' S87'32'04"W Iæl: F.P.oScL-FlORIDA POWER &I UGHT CO. R/W - RIGHT-OF-WAY O.R. - OFF1C1AL RECORDS BooK/PAGE P.O.S.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT P.O.C. NE CORNER OF E 1/2 OF THE E 1/2 OF 'THE NE 1/4 OF 'THE SW 1/4 ....~.... W~F F~~ ~~~ ~F~ ::J.......~ ~Oz~ ~~~~ ) D~SCRIPllON OF A PARCEl OF LAND LYING IN THE EAST 1/2 OF 'THE EAST 1/2 OF THE NOR'THEAST 1/4 OF 'THE SOU'THWEST 1/4 OF SECTION 14, TOWNSHIP 50 SOU'TH, RANGE 26 EAST, COWER COUNTY, flORIDA: COMMENCING AT 'THE NORTHEAST CORNER OF SAID EAST 1/2 OF 'THE EAST 1/2 OF 'THE NOR'THEAST 1/4 OF 'THE SOUTHWEST 1/4, 'THENCE RUN SOO'48'2TW, A DISTANCE OF 30.05 FEET ALONG 'THE EAST UNE OF SAID EAST 1/2 OF 'THE EAST 1/2 OF 'THE NORTHEAST 1/4 OF 'THE SDU'THWEST 1/4 TO THE POINT OF BEGINNING; THENCE CONT1NUE SOO'48'27"W, A DISTANCE OF 40.07 FEET ALONG SAID EAST UNE: THENCE RUN S87'32'04"W, A DISTANCE OF 50.08 FEET ALONG A UNE 'THAT RUNS PARAU.E:L TO THE NOR'TH UNE OF SAID EAST 1/2 OF 'THE EAST 1/2 OF 'THE NOR'THEAST 1/4 OF 'THE SOU'THWEST 1/4; 'THENCE RUN NOO'48'27"E, A DISTANCE OF 4<>.07 FEET ALONG A UNE 'THAT RUNS PARAI..LEl. TO SAID EAST UNE; 'THENCE RUN N87'32'04"E, A DISTANCE OF 50.08 FEET ALONG 'THE SOUTH UNE OF A 3O-FOOT ROAD AND UT1UTY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 1433, PAGE 855, PUBUC RECORDS OF COWER COUNTY, flORIDA, SAID UNE RUNNING 30 FEET SOU'TH OF (AS MEASURED AT RIGHT ANGLES). AND PARAl.1..El. TO, THE NORTH UNE OF 'THE EAST 1/2 OF' THE EAST 1/2 OF 'THE NOR'THEAST 1/4 OF' THE SOUTHWEST 1/4, TO THE POINT OF BEGINNING, CONTAINI~G 2,007 SQUARE FEET OR 0.05 ACRES, MORE OR LESS. -- ---- - tiQIt; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIElD SURVEY OF SECTION 14. BASIS OF BEARING: STAìE PLANE COORDINA ìE SYSTEM, FlA. EAST ZONE, '83(90. JAME N. WlLKISOM (FOR 'THE FlRt.! LB5773) PRO SlONAL SURVEYOR AND t.!APPER Fl DA UCENSE NO. ~ 4875 'THIS ~ DAY OF ~ 2004. THIS IS NOT A SURVEY s:FREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4. FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN. Ll.C DRA'M'I BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPìlON: WEll. NO. 17 DATE: 8/3/04 SCALE: 1".50' REV: 10/20/04 PRODUC110N WEI..L UTIUTY EASEMENT IN 'THE NE I 4 OF 'THE SW 1 4 OF SEC 14-50-26 PROJECT No: 020901 WG No:SEC14w-TCE(PI7 SHEET: I OF 1 ."""..,."''''''''....,........'''''',_.....''',",'''""""",,,,,,,,,''''",,.,,,.,.,,,,.,,, Ag nda Item NO.1 00 January 11, 2005 Page 56 of 242 EXHIBIT --1L pageA-of ...11i.L PROJECT 'lo'8:Qz I PARCEL ?\,).:?-' FOLIO CO~ \(¡, :Y()()(X1K, SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE SW 1/4 OF THE NW 1/4 OF SECllON 14, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA NOR11-i UNE SEC'TION 147 1180.83' - - - ~ 'Ntn ,.,!> ~~ ~~ N8ï2S' 49"E --- LrJ F.... \5~ LrJ~ ZZ ::11.... . liiiE ~ ~\5 ~'J P.O.C. . NW CORNER OF' NOR'tH UNE OF 11-iE SW 1/4 OF SECTION 14 (' 'tHE NW 1/4 ~ ". iIJ 'i:II :t ~ ~ in SW 1/4 OF THE NW 1/4 FOUO NO.: 00416560008 ~ ) F.P.&L. R/W ~ EASEMENT 170' 155.26' . 204W ID; F'.P.&L.-FlORIDA PO't\£R " UGHT CO. R/W - RIGHT-OF'-WÁY P.O.B.-POINT OF BEGINNING P.O.e.-POINT OF COMMENCENENT SQIJ'tH UNE OF' THE SW 1/4- OF' 'tHE NW 1/4 ~ \5~; ~~z :J:l:LrJ ~zF ~~\5 DESCRIP110N OF A PARCEl.. OF' LAND LYING IN 11-iE SOU11-i\W:ST 1/4 OF' 11-iE NOR11-i\W:ST 1/4- OF SEC110N 14, TOWNSHIP ISO SOU11-i, RANGE 26 EAST, COLLIER COUNTY, flORIDA: COMt.4ENClNG AT 11-iE NOR11-i\W:ST CORNER OF SAID SECTION 14, 11-iENCE RUN N87"25'49"E, A DISTANCE OF' 1.180.83 F'EET ALONG 11-IE NOR'tH UNE OF SAID SECTION: 11-IENCE RUN SOO'49'35"W, A DISTANCE OF' 1340.32 FEET ALONG A UNE THAT RUNS PARALLEL TO 11-iE EAST UNE OF' 11-iE NOR11-iWEST 1/4- OF 11-iE NOR11-i\W:ST 1/4 TO THE POINT Of" BEGINNING; 11-IENCE RUN N87'28'57"E. A DISTANCE OF' 155.27 FEET ALONG 11-IE NOR11-I UNE OF' SÁlD SOU11-IWEST 1/4- OF' 11-iE NORTHWEST 1/4; 11-IENCE RUN SOO'49'35"W, A DISTANCE OF' 1340.46 rEET ALONG 11-iE EAST UNE OF' SAID SOU11-IWEST 1/4 OF' THE NOR11-i\W:ST 1/4; 11-IENCE RUN S87"32'04"W, A DISTÁNCE OF 155.26 FEET ALONG THE SOU11-l UNE OF' SAID SOU11-iWEST 1/4 OF' 11-iE NOR11-IWEST 1/4: 11-iENCE RUN NOO·49'35"E. A DISTANCE OF' 1340.32 FEET ALONG A UNE 11-iAT IS PARAU.EL. TO SAID EAST UNE TO 11-iE POINT OF BEGINNING. CONTAINING 207,763 SQUARE FEET OR 4-.77 ACRES, t.4ORE OR LESS. J.M-q-=;~~1HËro:" LB077') PR~~~UR'Æ.YOR AND t.4ÁPPER flORIDA UCENSE -'iCt_ ~ 4876 11-I1~DAY ~2004. tiQIE: 11-IE PARCEL BEARING, DISTANCES, AND AREAS CALCULA 'ŒD ARE BASED ON A FIELD SURVEY OF' SECTION 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM. FlA. EÁST ZONE, '83/90. THIS IS NOT A SURVEY ~EY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4. FORT MYERS, FlORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. )ARCEL DESCRIPTION: DATE: 8/17/04 SCALE: 1".100' REV: 10/20/04 AN ACCESS EASEMENT IN 11-IE SW 1/4 OF 11-iE NW 1 4 OF SEC 14-50-26 PROJECT No: 020901 DWG No:S£C14T-AE(AU) SHEET: 1 OF' 1 Ag nda Item No. 100 January 11, 2005 Page 57 of 242 EXHIBIT A page...2L. of ~ 'l()~qZ.1 '1 ;¡.~ én41(~5InCa)<g PROJECT PARCEL FOLIO SKETCH .AND DESCRIPTION OF A 15' UTILITY EASEMENT IN l1iE SW 1/4 Of TIiE NW 1/4 OF SEC110N 14, TVtf' 50 5, RGE 26 E, COWER COUNlY, FLORIDA NORTH UNE SECll0N 147 __ - L~ ~~ ~I - -Nå7"25'+g"Ev 1165.80' ,. 11). P.O.C. !";:;) NW CORNER OF NORTI-i UNE OF TI-iE SW 1/4 OF ~ ~ SECllON 14 (" THE NW 1/4 ~::? P.O.B~ ;.<;. < J. SW 1/4 OF THE NW 1/4 FOUO NO,: 00416560008 r- M8T28'57"E \ '\...:.~'15.03' ~ ~ ~~~ ~ ~ ~;; - a' ::¡zz I-WW ~~~ · ~ iÞ W LA. <> 15'- I-- 0 .. ...... ,. ~ II) en ,., ¡" LLJ :r ~.. ~ ~:::- LLJ~ ZZ ::JLLJ I-~ en ~~ "'-J W: F.P.&L.-FLORIDA POWER & UGHT CO. R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT ~ ; 15.02' --..... ~ - S8T32'04"W ...... F.P.&L. R/W EASEMENT 170' "-- SOU"IH UNE OF THE SW 1/4 OF' "tHE NW 1/4 DESCRIPll0N OF A IS-FOOT S1RtP OF LAND LYING IN THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECl10N 14, TOWNSHIP 50 SOUTH, R4NGE 26 EAST, COWER COUNTY, FLORIDA: COhAMENC1NG AT THE NORTHWEST CORNER OF SAID SECl10N 14, THENCE RUN N87'25'49"E, A DISTANCE OF 1,165.80 FEET ALONG THE NORTH UNE OF SAJD SECTION; THENCE RUN SOO'49'35"W, A DISTANCE OF 1340.31 FEET ALONG A UNE THAT RUNS PARALLEL TO THE EAST UNE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 TO THE POINT OF BEGINNING; THENCE RUN N87"28'57"E, A DISTANCE OF 15.03 FEET ALONG THE NORTH UNE OF SAJD SOUTHWEST 1/4 OF THE NORTHWEST 1/4: THENCE RUN SOO'49'35"W, A DISTANCE OF 1340.32 FEET ALONG A UNE THAT RUNS PARALLEL TO THE EAST UNE OF SAJD SOUTHWEST 1/4 OF THE NORTHWEST 1/4: THENCE RUN S87'32'04"W, A DISTANCE OF 15.02 FEET ALONG THE SOUTIi UNE OF SAID SOUTHWEST 1/4 OF THE NORTHWEST 1/4: TIiENCE RUN Noo'49'35"E. A DISTANCE OF 1340.31 FEET ALONG THE WEST UNE OF A 170-FooT FLORIDA POWER AND UGHT COI.4PANY RIGHT-OF-WAY EASEMENT, SAJO UNE RUNNING PARALLEL TO SAID EAST UNE TO THE POINT OF BEGINNING. CONTAJNING 20,105 SQUARE FEET DR 0.46 ACRES, MORE OR LESS. J;E~d~ñi~ LBO"') PRO~:~~SURVEYOR AND hAAPPER FLORIDA UCENSE NO", ~ 4876 THIS~ DAY OF ~2004. tJIQIE¡ TIiE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECTION 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83/90. THIS IS NOT A SURVEY Ð'FREY C. COONER AND ASSOCIATES, INC. SURVE'r'lNG AND MAPPING 3900 COLONIAL BLVD" sum: 4, FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVE'r'lNGOCOONER,COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: ..NW CHECKED BY: J.N.W. PARCEL DESCRIPllON: DATE: 8/17/04 SCALE: 1"-100' REV: 10/20/04 IS' UllUTY EASEMENT IN 'TriE SW 1/4 OF THE NW 1/4 OF SEC 14-50-26 PROJECT No: 020901 DWG No:SECI4T-AE(P4 SHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 58 of 242 E-XHI BIT-L. page~of~ PROJECT ~ PARCEL ~ FOLIO Q)Y 1R"400:02.. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEJlENT FOR PRODUCTION WELL NO. 14 IN THE NW 1/4 OF THE NW 1/4 OF SECllON 14, 1WP 50 S, RGE 26 Eo COWER COUN1Y, FlORIDA IŒY: F'.P..kL-FLORIDA POWER <Ie LIGHT CO. R/W - RIGHT-OF'-WAY P.O.B.-POINT OF' BEGINNING P.O.C.-POINT OF COMMENCEMENT N87'28'57-E 100.17' S 1/2 OF THE S 1/2 OF THE NW 1/4 OF THE NW 1/4 PROPOSED 15' IÍ UTlUTY EASEMENT FOUO NO.: 00418400302 170' F.P.&L. R/W EASEMENT 10- o~ ~- -i= I/)z ",'" FF* t5~~ .........31: Z'"Z ::¡-..... ....I/)¡!: 1/)", ~¡!:~ ":-J bJ . 10 ..- ,., ,., œ ó :r CO o ..- o z P.O.C. SE CORNER OF S 1/2 OF' 11-IE S 1/2 OF 11-IE NW 1/4 OF 11-IE NW 1/4 ~ I It) pi) ën ;or § S877.8'S7-W ~ . . It) .!'>g: Ø) :rg ~ PROPOSED PRODUCTION WELL NO. 14 UnLITY EASEMENT 210.46' SB7'2B'57"W 60,10' S87'28'S7"W P.O.B. L SOU'!H UHE Of 11-\E S 1/2 Of' 11-IE S 1/2 or THE HW 1/4 OF '!HE HW 1/4 DESCRIPllON OF A PARCEL or LAND L VlNG IN 11-IE SOU'!H 1/2 OF '!HE SOU'!H 1/2 OF 11-IE NORTHWEST 1/4 OF THE NOR'!HWEST 1/4 or SECllON 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT '!HE SOUTHEAST CORNER OF SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE NOR'!HWEST 1/4 or 11-IE NORTHWEST 1/4, THENCE RUN SB1'2B'57"W, A DISTANCE OF 210.46 FEET ALONG 11-IE SOU11-I UNE Of SAID SOUTH 1/2 OF THE SOUTH 1/2 or THE NOR'!HWEST 1/4 OF' THE NOR11-IWEST 1/4 TO 11-IE POINT OF' BEGINNING; THENCE CONllNUE S87'28'S7"W, A DISTANCE OF 60.10 rEET ALONG SAID UNE; '!HENCE RUN NOO'49'3S"E, A DISTANCE OF 1 BO.31 rEET ALONG A UNE 11-IAT RUNS PARALLEL TO THE EAST UNE OF SAID SOU11-l 1/2 OF '!HE SOUTH 1/2 OF' THE NORTWNEST 1/4 OF THE NORTHWEST 1/4; THENŒ RUN N87'28'S7"E, A OISTANCE OF 100.17 FEET ALONG A UNE 11-IAT RUNS PARALLEL TO SAID SOU11-I UNE; THENCE RUN SOO'49'3S"W, A DISTANŒ OF 130.22 FEET ALONG 11-IE WEST UNE OF A 170-FOOT FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT, SAID UNE RUNNING PARALLEL TO SAID EAST UNE; THENCE RUN S87'2B'57"W, A DISTANCE OF 40.07 FEET ALONG A UNE '!HAT RUNS PARALLEL TO SAID SOU11-I UNE; THENCE RUN SOO'49'3S"W, A DISTANCE OF 50.09 FEET ALONG A UNE 11-IAT RUNS PARALLEL TO SAID EAST UNE TO THE POINT OF BEGINNING. CONTAlNINC 16,027 SQUARE FEET OR 0.37 ACRES, MORE OR LESS. wm. THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FlELD SURVEY OF SECTION 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM. FLA. EAST ZONE, '83(90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOClA 1ES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUliE 4. FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGC;COONER.COM aJENT: GREELEY AND HANSEN, LLC DRAWN BY: ..NW CHEa<ED BY: J.N.W. PARCEL. DESCRIPl1ON: WELL NO. 14 DA1E: B/12/04 SCAlE: 1"-60' REV: 10/20/00\- TEMP. CONSTRUCllON EASEMENT IN 11-IE NW 1 4 OF THE SW 1 4 OF' SEC 14-50-26 PROJECT No: 020901 DWG NO:SECI4W-TCE(TCI4 SHEET: 1 Of' 1 Ag nda Item No. 100 Jan uary 11 . 2005 . Page 59 of 242 EXHIBIT A- Page~ot~ PROJECT ~ PARCEl 9 Z~ FOLIO Cf)4 I 'R'Lf GO j¿l SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 14 IN THE NW 1/4 OF" THE NW 1/4 OF SECll0N 14, TWP 50 S, RGE 26 E, COLUER COUNTY, FLORIDA S 1/2 OF THE S 1/2 OF THE NW 1/4 OF THE NW 1/4 FOUO NO.: 00418400302 ; J w z ~dt !5;¡bi 0:::1-« a.::>w NS7'28'27"E 40.07' I¿J . I() !">g¡ ~d 010 o Z ~ . . I() 01 I') o . .01 0,- I() 0 o (/ P.O.C. SE CORNER OF' S 1/2 OF' THE S 1/2 OF THE NW 1/4 OF THE NW 1/4 \ 40.07' S87'2S'57"W .0.8. SOUTH UNE OF' THE S 1/2 Of THE S 1/2 f THE NW 1/4 Of THE NW 1/4 I 1St:!: f.P.&L-FLORJDA POv.£R & UGHT CO. R/W - RIGHT-OF-WAY p.O.a.-POINT Of' BEGINNING P.O.C.-POINT OF COMMENCEMENT ~..t , ~- -~ VlZ ....w ¡!:¡!:..t ~!5::::- wN~ Z'Z ;:¡-w ~VI¡!: ~~!5 DESCRIPTION OF' A PARCEL OF' LAND L'I1NG IN THE SOUTH 1/2 OF THE SOUTH 1/2 OF' THE NORTHYÆ:ST 1/4 OF' THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COWER COUNTY. FLORIDA: COMÞ.fENClNG AT THE SOUTHEAST CORNER OF' SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, THENCE RUN S67'28'57"W, A DISTANCE OF' 170.39 FEET ALONG THE SOUTH UNE OF SAID SOUTH 1/2 OF THE SOUTH 1/2 OF' THE NORTHYÆ:ST 1/4 OF THE NORTHYÆ:ST 1/4 TO THE POINT OF BEGINNING; THENCE CONTINUE S87'2B'57"W, A DISTANCE OF' 40.07 FEET ALONG SAID UNE; THENCE RUN NOO'49';55"E, A DISTANCE OF' 50.09 FEET ALONG A UNE THAT RUNS PARALLEL TO THE EAST UNE OF' SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHYÆ:ST 1/4 OF' THE NORTHWEST 1/4; THENCE RUN 1'1 67'26'57"E, A DISTANCE OF 40.07 FEET ALONG A UNE THAT RUNS PARALLEL TO SAID SOUTH UNE; THENCE RUN SOO·49'35"W. A DISTANCE OF' 50.09 FEET ALONG THE WEST UNE OF A 17o-FOOT FLORIDA POv.£R AND UGHT COt.IPANY RIGHT-OF-WAY EASEMENT. SAID UNE RUNNING PARALLEL TO SAID EAST UNE TO THE POINT OF' BEGINNING. CONTAINING 2.003 SQUARE FEET OR 0.05 ACRES. MORE OR LESS. IiQ:æ THE PARCEL BEARING. DISTANCES. AND AREAS CALCULATED ARE BASED ON A FlELD SURVEY OF SECTION 14. BASIS OF' BEARING: STATE PLANE COORDINATE SYSTEM, F'LA. EAST ZONE. '63/90. THIS IS NOT A SURVEY ~EY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD.. SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGCCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: WELL NO. 14 DATE: 8/3/04 SCALE: 1".30' REV: 10/20/04 PRODUCTION WELL UTIUTY EASEMENT IN THE NW 1 4 OF' THE NW 1 4 OF SEC 14-50-26 PROJECT No: 020901 DWG No:SEC14W-TCE(P14 SHEET: 1 OF' 1 :- ___k_____:: WILKISON (FOR THE F1RM L.B6773) PRO ONAL SURVEYOR AND MAPPER FLORI UCENSE No... l.$ 4876 THIS ~DAY OF ~ 2004. Ag nda Item No. 100 January 11, 2005 Page 60 of 242 EXHIBIT A Page~of t~~ PROJECT ~ PARCEL '¥'2'1 FOLIO a::>4! ~4é.:o:t>L SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE NW 1/4 OF THE NW 1/4 OF SEC110N 14, TWP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA NOR'TH UNE SECi10N H· NB7"7.5·49"r..¡. 1180.8:3' - -- ~.:.- NW CORNER OF /2 OF 'THE 5 1 /2 OF SECl10N 14 NORtH UNE OF tHE S 1 tHE NW 1/4 OF ltiE NW 1/4 in Iæ{; F.P.c!d..-FLORlDA POWER '" UGHT CO. R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT o .... w z ~ç~ ~=ïtx 0::1=< D.::Jw 170' F.P.&:L. R/W EASEMENT S 1/2 OF THE S 1/2 OF THE NW 1/4 OF THE NW 1/4 FOUO NO.: 00418400302 ~~ ~ I ¡" ='" ~ SOUtH UNE OF "THE S 1/2 OF tHE S 1/2 OF "THE NW 1/4- OF tHE NW 1/4 155,27' 58T28'5¡-W ~ 1!5~ -:.., ~ C'\I' "...... ........~ ~ ~ -~ ~ 2 CII:Z: 11\ WW ¡:jE~ 1!51!5";::- LU~~ ~-w ....ClljE ~~1!5 DESCRIPi10N OF A PARCEL OF LAND LYING IN 'THE SOU'TH 1/2 OF 'THE SOUlH 1/2 OF lHE NOR'THWEST 1/4 OF tHE NORtHWEST 1/4 OF SECl10N 14, TOMlSHIP 50 SOU'TH, RANGE 26 EAST. COWER COUNTY, FLORIDA: COMMENCING AT tHE NORlHWEST CORNER OF SAID SECTION 14, THENCE RUN N87"25'49"E, A DISTANCE OF 1,180.83 FEET ALONG THE NORTH UNE OF SAID SECTION; '!HENCE RUN SOO'49'35"W, A DISTANCE OF 1005.24 FEET ALONG A UNE THAT RUNS PARAU..EL TO THE EAST UNE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 TO THE POINT OF BEGINNING; THENCE RUN N87"28'10"E, A DISTANCE OF 155.27 FEET. ALONG THE NORTH UNE OF SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4; 'THENCE RUN Soo"49':3S"W. A DISTANCE OF 335.12 FEET ALONG THE EAST UNE OF SAID SOUTH 1/2 OF THE SOUTH 1/2 or THE NORTHWEST 1/4 OF 'THE NORtHWEST 1/4; THENCE RUN 587"28'57"W, A DISTANCE OF 155.27 FEET ALONG THE SOUtH UNE OF SAID SOUTH 1/2 OF THE SOUlH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN NOO'49'35"E. A DISTANCE OF 335.0B FEET ALONG A UNE RUNNING PARALLEL TO SAID EAST UNE TO THE POINT OF BEGINNING. CONTAINING 51,941 SQUARE FEET OR 1.19 ACRES. MORE OR LESS. ~.;;~_~~4;-~ËÃRM LB6773) PROFE~¡f~RVEYOR AND MAPPER FLORID~~SE NO. ~4876 THIS '2: AY OF ~ 2004-. t:I.CIE: iHE PARCEL BEARING, DISTANCES, AND AREAS CALCULA'TED ARE BASED ON A FIElD SURVEY OF SECTION 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FlA. EAST ZONE, '83/90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGCCOONER.COM CUENT: GREELEY AND HANSEN, L1.C DRAWN BY: JNW CHECKED BY: J.N.W. ~ARCEL DESCRIPTION: DATE: 8/12/04 SCALE: 1".100' REV: 10/20/04 AN ACCESS EASEMENT IN THE NW 1/4 OF THE NW I 4 OF SEC 14-50-26 PROJECT No: 020901 DWG No: SECI4T-AE(AE3 SHEET: I OF 1 Ag nda Item No. 10D January 11. 2005 Page 61 of242 -EXHIBIT A Page..4!Lof ~ PROJECT ~ PARCEL ~ z.q FOLIO COL..//'K14CYJ ~2.. SKETCH AND DESCRIPTION OF A 15' UTILITY EASEMENT IN THE NW 1/4 OF THE NW 1/4 OF SECTION 14, TWP 50 S, RGE 26 E, COLUER COUNTY, FLORIDA NOR'ni UNE SECTION 14 7 ___ N87"25'49·E . /I 1165.80' - - - -?--- V ~ ~ ~. ,!')~ ;> P.O.C. ~II'Í ~cii~~ OF NOR'ni UNE OF 'niE S 1/2 OF lHE 5 1/2 OF 2 ª '!HE NW 1/4 OF THE NW 1/4 --......... ¡;¡ P.O.B..-/ '-15 O~' N87-2810·E KEY; F.P.&l.-FLORIDA PO\\£R & UGHT CO. R/W - RIGHT-Of-WAY P.O. B.-POINT OF BEGINNING P.O. C.-POINT OF COMMENCEMENT 15'- - 8 170' ~ f.P.&:L. R/W ~ tn 0') EASEMENT ø. :r ~ 1&1 ~ œ 8 :r 8 II'Í z ~ ¿, ~N /. S 1/2 Of THE S 1/2 Of THE NW 1/4 OF THE NW 1/4 FOUO NO.: 00418400302 SOUTH UNE OF lHE S 1/2 OF THE S 1/2 OF r THE NW 1/4 OF THE NW 1/4 15.03' --.... S87'2S'5TW " ~ ~~; ~-z ;:¡:':LoJ .....z¡!: ~LoJ U~~ :.: . It) I') œ :r 8 VI !!>..,. ...... ~- -:.: VlZ U,lLoJ ¡!:¡!:..,. ~l5:::- LoJ~~ ~-w ...VI¡!: VlLoJ Ñ¡!:!!> DESCRIPTION OF A 15-FOOT STRIP OF LAND LYING IN 1HE SOU1H 1/2 OF 1HE SOUTH 1/2 OF 1HE NORTH\\£ST 1/4 OF THE NORTHWEST 1/4 OF SEC'T1ON 14, TO~SHIP 50 SOU1H, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT THE NOR1HWEST CORNER OF SAID SECTION 14, 1HENCE RUN N87'2S'49"E, A DISTANCE OF 1,165.80 FEET ALONG lHE NORlH UNE OF SAID SEC'T1ON: 'niENCE RUN SOO'49'J5"W, A DISTANCE OF 1,005.23 FEET ALONG A UNE TIiAT RUNS PARAlLEL TO THE EAST UNE OF THE NORTIi\\£ST 1/4 OF TIiE NOR'niWEST 1/4 TO TIiE POINT OF BEGINNING; TIiENCE RUN N87'28'10·E, A DISTANCE OF 15.03 FEET ALONG 1HE NORTIi UNE Of SAID SOU'ni 1/2 OF TIiE SOUTIi 1/2 OF 'niE NORTHWEST 1/4 Of TIiE NORTHWEST 1/4; TIiENCE RUN SOO'49'J5"W, A DISTANCE Of 335.08 FEET ALONG A UNE THAT RUNS PARAU..EL TO THE EAST UNE Of SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE NOR'niWEST 1/4 Of 'niE NOR'niWEST 1/4: THENCE RUN S87'28'57"W, A DISTANCE OF 15.03 FEET ALONG 'niE SOU'ni UNE OF SAID SOUTH 1/2 Of THE SOUTIi 1/2 OF THE NORTHWEST 1/4 OF 'niE NOR'ni\\£ST 1/4: 'niENCE RUN NOO·49'3S·E, A DISTANCE OF 335.08 FEET ALONG 'niE WEST UNE OF A 170-FooT FLORIDA POWER AND UGHT COMPANY RIGHT-OF-WAY EASEMENT. SAID UNE RUNNING PARALlEL TO SAID EAST UNE TO 'niE POINT OF BEGINNING. CONTAINING- 5,026 SQUARE FEET OR 0.12 ACRES, MORE OR LESS. ~..~ ~"'-;"Ë-- . -;Ú<'~Ñ::{;;;-;;-;';~~ LB6773) PR 10NAL SUR~OR AND MAPPER FLORI.o~ l,ICÐlSE N8 ~ 4876 TIiIS ~AY OF ~ 2004. wm: TIiE PARCEl BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A AELD SURVEY OF SECTION 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM. FLA. EAST ZONE, '83Î90. THIS IS NOT A SURVEY S'FREY C. COONER AND ASSOCIA 1ES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD.. SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEY1NGOCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPl1 ON: DATE: 8/12/04 SCALE: '·.100' I REV: 10/20/04 15' UTlUTY EASEMENT IN 'niE NW 1/4 OF THE NW 1/4 Of SEC 14-50-26 PROJECT No: 020901 DWG NO:SEC14T-AE(P3:1SHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 62 of 242 EXHIBIT~ page~of~ PROJfCT ~ PARCEL ~30 F OU 0 ()() L'_III ~ (/) \.( aiA NB7"25'49"~ l1BO.B~' SKETCH AND DESCRIPTION OF AN ACCESS EASEJlENT IN THE NW 1/4 OF THE NW 1/4 OF SECTION 14, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA NOR1ii UNE SEC"T10N 14 --- '--P.:.- NW CORNER OF / OF 'I\.IE. S '/2 OF SEC"T1ON 14 NORTH UNE. OF THE. N 1 2 ". THE. NW 1/4 OF THE. NW 1/4 NB7"27'2~"E. 155.27 P.O.B. N 1/2 OF THE S 1/2 OF THE NW 1/4 OF THE NW 1/4 FOUO NO.: 00416640009 170' F.P.&L. R/W EASEMENT ,. ~.. . ~ 1'4..... ..... ,.... '"': ØI ....:1: ~ b ZZ j! WW ¡Ei!'.. ~~:::- wN:I: z.....z :J""w -1fI¡E IfIW ~¡E~ in C t- UJ Z ¡g~~ 25:J~ o:F< ~ ~~UJ F.P..!d...-FLORIDA POWER & UGHT CO. ~ ~ R/W - RIGHT-OF-WAY . P.O.B.-POINT Of' BEGINNING ~ P.O.C.-POINT Of' COMMENCEMENT 8 Z sou-n-t UNE. OF THE N 1/2 Of 1iiE S 1/2 OF THE. NW 1/4 OF' THE NW 1/4 155.27' 587"28'10"W DESCRIP"T1ON Of' A PARCEL Of LAND LYING IN THE NOR1ii 1/2 OF 1iiE SOUTH 1/2 OF 1iiE NOR1iiWEST 1/4 OF 1iiE NORTHWEST 1/4 OF' SEC"T1ON 14, TOWNSHIP 50 SOU1ii, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT THE NOR-n-tWEST CORNER OF SAID SEC1l0N 14, 'THENCE RUN N87"25'49"E, A DISTANCE Of 1,180.83 FEET ALONG THE NORTH UNE OF SAID SEC"T10N; THENCE RUN SOO'49'35"W, A DISTANCE OF 670.16 FEET ALONG A UNE 'THAT RUNS PARALlEL TO 1iiE EAST UNE Of THE .NOR1iiWEST 1/4 OF THE NOR1iiWEST 1/4 TO 'THE POINT OF BEGINNING; 'THENCE RUN N87"27'23"E, A DISTANCE OF 155.27 FEET ALONG THE NORTH UNE Of SAID NORTH 1/2 Of THE SOU'TH 1/2 Of 'THE NORTHWEST 1/4 Of' 1iiE NOR'THWEST 1/4: THENCE RUN SOO'49'~5"W, A DISTANCE Of 335.12 FEET ALONG 'THE EAST UNE OF SAID NORTH 1/2 Of 'THE SOU1ii 1/2 OF THE NOR'lHWEST 1/4 OF 'THE NORTHWEST 1/4: 'THENCE RUN 587'28'10"W, A DISTANCE Of 155.2.7 FEET ALONG 'THE SOUTH UNE. OF SAID NOR'TH 1/2 OF 1iiE. SOU1ii 1/2 Of 'IHE NOR'THWEST 1/4 Of 'IHE NOR1iiWEST 1/4; THENCE RUN NOO'49'35"E, A DISTANCE Of 335.08 FEET ALONG A UNE RUNNING PARAu.EL TO SAID EAST UNE TO 'THE POINT OF BEGINNING. CONTAINING 51.941 SQUARE FEET OR 1.19 ACRES. MORE OR LESS. ~ARCEL BEARING, DISTANCES, AND AREAS CALCULA'TED ARE BASED ON A FIELD SURVEY Of SEC"ON 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83í90. THIS IS NOT A SURVEY Ð'FREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: .J.IW CHECKED BY: J.N.W. PARCEL DESCRIPTION: DAlE: 8/12/04 SCALE: 1"·100' REV: 10/2.0/04 AN ACCESS EASEMENT IN THE NW 1/4 OF THE NW 1 4 OF SEC 14-50-2.6 PROJECT No: 020901 DWG No: S£C14T-AE(AE2) SHEET: 1 OF 1 .....tt:?- . d~_----- JAMÈS . ~LJ(lsòN (FOR 'THE FIRM LB6773) PR SlONAL SURVEYOR AND MAPPER FLOIWA ,LJCENSE N.9, t"s 4876 'THIS~DAY OF~ 2004. Ag nda Item No. 100 January 11, 2005 Page 63 of 242 EXHIBIT ..A- page.25!Lo1 ~ PROJECT ~ PARCEL . g-:y; FOLIO OOt..t\(,,,(/J4arA SKETCH AND DESCRIPTION OF A 15' UTILITY EASEMENT IN THE NW 1/4 OF THE NW 1/4 OF' SECTION 14, TWP 50 S. RGE 26 E. COWER COUNTY, FLORIDA NORTH UNE SECTION 14 7 - '-:"'"" - - - N8ï25·...9·E J' 1165.80' - - - ~ 10. "'10 P.O.C. ÒI "": NW CORNER OF / ~ THE S 1/2 Of' :t'R SECTION 14 NOR'TH UNE Of' 'THE N 1 2 ....- ~ ID THE NW 1/4 OF niE NW 1/4 ----........... - /' '-15.03' P.O.B. --'" N8ï27'2J.E EAST UNE Of¡ / THE NW 1/4 OF THE NW 1/4 ;. t~ ~~ ~ /. . 10 '" ÒI :t' 8 VI 15'- - N 1/2 OF THE S 1/2 OF THE NW 1/4 OF THE NW 1/4 FOUO NO.: 00416640009 170' ~ F.P.&L R/W t: EASEMENT :t' ~ \5, - ~:::- -~ ZZ ...... ¡:;!:, - \515:::- ...N~ z.......z ::¡-... ...VI;!: ~~\5 '-.J ~ ~ ISfY: F.P.&L-FLORIDA POWER & UGHT CO. R/W - RIGHT-OF-WAY P.O.B.-POINT Of' BEGINNING P.O. e.-POINT Of' COIoIMENCEMENT .... ~ œ ~ Z ~ It) ~ SOU'TH UNE OF niE N 1/2 OF 'THE S 1/2 Of' ' }IE NW 1/4 OF 'THE NW 1/4 15.0J· --.. 587"28'10·W '" DESCRIPTION OF A 15-FOOT S1RIP OF LAND L'I1NG IN 'THE NORTH 1/2 Of THE SOUTH 1/2 Of 'THE NORTHWEST 1/4 Of THE NORTHWEST 1/4 Of' SECTION 14. TOWNSHIP 50 SOUTH. RANGE 26 EAST. COWER COUNTY, FLORIDA: COMMENCING AT 'THE NOR'TH'ItEST CORNER OF SAID SECTION 14. THENCE RUN N87'25'49·E. A DISTANCE Of 1,165.80 FEET AlONG THE NORni UNE Of' SAID SEC11ON; THENCE RUN SOO·49·35·W. A DISTANCE OF 670.15 FEET AlONG A UNE niAT RUNS PARAU.EL TO THE EAST UNE Of' 'THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 TO THE POINT Of' BEGINNING: THENCE RUN N87'27·23·E. A DISTANCE OF 15.03 FEET ALONG THE NORTH UNE Of' SAID NORTH 1/2 Of' THE SOUTH 1/2 Of THE NORTHWEST 1/'" OF THE NORTHWEST 1/4; THENCE RUN Soo·...9·J5·W. A DISTANCE Of 335.08 FEET AlONG A UNE THAT RUNS PARAU.EL TO 'THE EAST UNE Of SAID NOR'TH 1/2 Of THE SOU'TH 1/2 OF THE NORTHWEST 1/'" Of' THE NORTHWEST 1/4: THENCE RUN S87'28·10·W. A DISTANCE Of 15.03 FEET AlONG THE SOUTH UNE Of' SAID NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 Of' THE NORTHWEST 1/4; 'THENCE RUN Noo·49'35·E, A DISTANCE OF 335.08 FEET ALONG THE WEST UNE Of' A 170-FooT FLORIDA POWER AND UGHT COMPANY RIGHT-OF-WAY EASEMENT. SAID UNE RUNNING PARAU.EL TO SAID EAST UNE TO THE POINT OF BEGINNING. CONTAINING 5.026 SQUARE FEET OR 0.12 ACRES. MORE OR LESS. ;;MËš~~~ïHËÃ~~ LB6773) PROFE~iL<ï~RVEYOR AND MAPPER FLORIDA LJÇENSE NQ. ~ 4876 THIS ~AY Of' U(..l:; 2004. t:IQIE; THE PARCEl. BEARING. DISTANCES, AND AREAS CAlCULATED ARE BASED ON A FIELD SURVEY Of' SECTION 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE. '83/90. THIS IS NOT A SURVEY ~ C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4. FORT MYERS. Ft.ORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COt.I CUENT: GREELEY AND HANSEN. LlC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPll0N: DATE: 8/12/04 SCALE: 1·-100' I REV: 10/20/04 15' UTIUTY EASEMENT IN TI-iE NW ~ OF niE NW {i¡ Of' SEC 14-50-26 PROJECT No: 020901 DWG NO;SEC14T-AE(P2'iSHEET; 1 OF 1 Ag nda Item No. 100 January 11, 2()05 Page 64 of 242 EXH'BIT~ page~ of .---a.;L PROJECT ~O~q II PARCEL ~:, \ FOLIO én£-tl1o(o'X'(YY) I SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE NW 1/4 OF THE NW 1/4 OF SECTION 14, iWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA NOR'TH UNE SECTION 14 7 87"25'49"E N87'2S'49"E ^ "eo.83' -.... N 7' V - - - K '55.2 I\.- P.O.B. NE CORNER OF' \" 'THE NW '/4 OF' \ 1HE NW 1/4 t~ ~~ -~--- '-P.O.C. NW CORNER OF' SECTION '4 ëø d I ~ tÞ-1IJ :s¡ ø. :t" ~ ~ ~ ~. ID F.P.deL. R/W EASEMENT 170' ~ ~ /. ¡ ~ z~ IIJ~ F~ % 1511.1"'" \,¡JF~ ~...~ ...0% ~N ,¡J \,¡J~F "J N 1/2 OF THE NW 1/4 Of THE NW 1/4 fOLIO NO.: 00416680001 in o t- W Z ¡g~~ !5;;;¡1X Q::t-o( Q.;:,w .- W: F'.P.&L.-FLOR1DA POWER & UGHT CO. R/W - RIGHT-OF'-WAY P.O.B.-POINT OF' BEGINNING P.O.C.-POINT OF' C0t.4IdENCEMENT , 55,27' S87'27'23"W C SQU'TH UNE OF' 'THE N '/2 OF' 11-IE NW '/4 OF' 'THE NW '/4 DESCRIPTION OF' A PARCEL OF' LAND LYING IN THE NOR'TH 1/2 OF' THE NOR'THWEST 1/4 OF 'THE NORTHWEST 1/4 OF SECTION '4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT 'THE NOR'THWEST CORNER Of' SAID SECTION '4, 'THENCE RUN N87'2S'49"E, A DISTANCE OF' ',180.83 FEET ALONG 'THE NOR'TH LINE OF' SAID SECTION TO THE POINT OF' BEGINNING; THENCE CONTINUE N87'2S'49"E ALONG SAID NOR1H UNE, A DISTANCE OF' 155.27 FEET TO 1HE NOR'THEAST CORNER OF' SAID NOR1Hv.£ST '/4 OF' 1HE NORTHWEST '/4: 1HENCE RUN SOO'49'35"W, A DISTANCE OF' 670.23 FEET ALONG 1HE EAST UNE OF' SAID NORTH 1/2 OF' 'THE NOR'THWEST '/4 Of' THE NORTHWEST 1/4: 'THENCE RUN S87'27'23"W, A DISTANCE OF' 155.27 FEET ALONG 11-IE SOU1H UNE OF' SAID NOR'TH 1/2 OF' 11-IE NORTHWEST 1/4 OF' 'THE NORTHv.£ST 1/4: THENCE RUN NOO'49'3S"E, A DISTANCE OF' 670.16 FEET ALONG A UNE RUNNING PARAUEL TO SAID EAST UNE TO 1HE POINT OF BEGINNING. CONTAINING 103.882 SQUARE FEET OR 2.38 ACRES, MORE OR LESS. J.M~;"~ LSS773) PR~~~.ltï~RVEYOR AND IdAPPER FLORIDA UCENSE N.Q. LS 4676 THISZZaæ DAY OF'{.I.c4=:... 2004. wm: 1HE PARCEl. BEARING, DISTANCES, AND AREAS CALCULATED AR£ BASED ON A FIElD SURVEY OF' SECTION 14. BASIS OF BEARING: STATE PLANE COORDINA'T! SYSTEM, FLA. EAST ZONE, '83(90. THIS IS NOT Å SURVEY £FFREY C. COONER AND ASSOCIATES. INC. SURVE'\'1NG AND MAPPING 3900 COLONIAL BLVD.. SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 fAX: (239)277-7179 Et.CAIL: SURVEYlNGOCOONER.COM ,_ CLIENT: GREELEY AND HANSEN, u.c DRAWN BY: JNW CHECKED BY: J.N.W. ?ARCEL DESCRIPTION: DATE: 8/11/04 SCAlE: 1"·100' I REV: 10/20/04 I AN ACCESS EASEMENT IN 'THE NW 1/4 OF 'THE NW 1-/:' OF SEC 14-50-26 PROJECT No: 020901 Dwe No: SECI4T-AE(AE1)ISHEET: 1 OF' 1 Ag nda Item No.1 00 January 11, 2005 Page 65 of 242 EXHIBIT-1L Page.J..L of ..l.!t5:... PROJECT 'tJgq i L PARCEL q 3 \ FOLIO roY.I(n{,,'&):X){ SKETCH AND DESCRIPTION OF A 15' UTILITY EASEMENT IN THE NW 1/4 OF THE NW 1/4 OF SECTION 14, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA NOR1H UNE SECTION 147 NB7"25'49'E I' 1165.BO' - P.O.B. ~ l'-~g79i~'49'E -- ,...- -,.---- ~P.O.c. NW CORNER OF SEC110N 14 L~ ~~ I. ~ 15'- i-- ~ on 0') Õ> ~ g N 1/2 OF THE NW 1/4 OF THE NW 1/4 FOUO NO.: 00416680001 F.P.&L. R/W ~ EASEMENT ~ 170' fD ;&: . ~ .... ..~ ~o. ~ ~~ õ> èií ~ 8 z z.. ....' > ¡;; z ~w'" ....¡;:::- ~...;&: ....oz tnNW ~:::-~ "J KE:t F.P.&:L-FlORlDA POWER &: UGHT CO. R/W - RIGHT-QF-WAY P.O. B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT 15.03' --... S87"27'23'W " LSOU1H UNE OF 1HE N 1/2 OF 1HE NW 1/4 OF 1HE NW 1/4 DESCRIPTION OF A 15-FOOT STRIP OF lAND LYING IN 1HE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA: COt-lMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14, THENCE RUN N8T25' 49'E, A DISTANCE OF 1,165.80 FEET ALONG niE NORTH UNE OF SAID SECTION TO THE POINT OF BEGINNING; THENCE CONTINUE NBT25'49'E ALONG SAID UNE, A DISTANCE OF 15.03 FEET; 1HENCE RUN S00"49'35"W, A DISTANCE OF 670.16 FEET ALONG A UNE THAT RUNS PARAUEL TO niE EAST UNE OF SAID NORTH 1/2 OF niE NORTHWEST 1/4 OF THE NORTHWEST 1/4; niENCE RUN S8T27'23"W, A DISTANCE OF 15.03 FEET ALONG THE SOUTH UNE OF SAID NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN NOO"49'35'E, A DISTANCE OF 670.15 FEET ALONG THE WEST UNE OF A 170-FOOT FLORIDA POWER AND UGHT COMPANY RIGHT-OF-WAY EASEMENT, SAID UNE RUNNING PARAUEL TO SAID EAST UNE TO THE POINT OF BEGINNING. CONTAINING 10,053 SQUARE FEET OR 0.23 ACRES, t-IORE OR LESS. ;."~¿1~~~-;.; LB8773) PR~~~~AL SURVEYOR AND MAPPER ~?s;~,,!.Iß~S~~ ~~~4. THIS IS NOT A SURVEY ~EY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EM AIL: SURVEYlNGGCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: ~W CHECKED BY: J.N.W. PARCEL DESCRIPilON: DATE: 7/31/04 SCALE: 1'.100' I REV: 10/20/04 15' UT1UTY EASEMENT IN 1HE NW >4 OF 1HE NW ,i¡ Of" SEC 14-50-26 PROJECT No: 020901 DWG NO:SEC14T-AE(pnlsHEET: 1 OF 1 wm: THE PARCEl.. BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECl10N 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FlA. EAST ZONE, '83Î90. Ag nda Item No. 100 January 11, 2005 Page 66 of 242 EXHI BrT A Page..kL. of ~ PROJECT '1o~'1 Z.l PARCEL "8~2. FOLIO 00410xaaJ1 SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE SW 1/4 OF" THE SW 1/4 OF" SECll0N 11, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA NOR1rI UNE Of' 1rIE S 1/2 OF 1rIE S 1/2 Of' 1rIE SW 1/4 Of' l 1rIE SW 1/4 ,. i3~ (',( ~; S 1/2 OF THE S 1/2 OF SW 1/4 OF THE SW 1/4 FOUO NO.: 00410800007 o I- W Z g;¡ç~ !5::Jtx a::F< (l.;:)W 15'~ I F.P.&L. R/W EASEMENT 170' 15-t- N' ,~ ~~ en wW j!:j!:-t- 15~";::- w~~ ~~w ....enj!: enw ~j!:15 "'-J .I"" t-.~ caœ ~~ z P.O.B.(2) P.O.C. -+ SW CORNER Of' SECTION 11 íSOU1rl UNE SECTION 11 - - - N8T2S'49·E J'1181.16' Iæ!; F.P.&d...-FlORIDA POWER &: UGHT CO. R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT wm: THE PARCEl.. BEARING. DISTANCES. AND AREAS CALCULAlm ARE BASED ON A FIElD SURVEY OF SECTION 11. BASIS Of' BEARING: STATE PLANE COORDINATE SYSTEM. FLA. EAST ZONE, '83/90. -;~-~~S~6773) PRO~~ SURVEYOR AND MAPPER FLORIº~ I, CENSE N9t .LS 4ð76 1rIIS ~DAY Of'~ 2004. THIS IS NOT A SURVEY Jtf..REY C. COONER AND ASSOOATES. INC. SURVE'I'ING AND MAPPING 3900 COLONIAL BL YD.. SUITE 4. FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN. u.c DRA\\1II BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 8/3/04 SCALE: ,·.100' REV: '0/20/04 AN ACCESS EASEJ.IENT IN 1rIE SW 1/4 OF 1rIE SW 1 4 Of' SEC 11-50-26 PROJECT No: 020901 DWG No:SEC11T-AE(AE11) SHEET: 1 OF 2 Ag nda Item No. 100 January 11. 2005 Page 67 of 242 EXHIBIT A Page..u.. of ....1!t£ PROJECT 1o'1C, z. L PARCEL 1\3l.. ¡: Ol 10 ()() 41~ a:rr)~ SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE SW 1/4 OF THE SW 1/4 OF SECTION 11, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA DESCRIPTION OF A PARCEL OF LAND LYING IN THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: (1)COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 11, THENCE RUN N87'25'49"E, A DISTANCE OF 1,181.16 FEET ALONG THE SOUTH LINE OF SAID SECTION 11 TO THE POINT OF BEGINNING; THENCE RUN NOO'49'42"E, A DISTANCE OF 30.05 FEET ALONG A LINE RUNNING PARALLEL TO THE EAST LINE OF SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN N87'25'49"E, A DISTANCE OF 155.27 FEET ALONG A LINE THAT IS PARALLEL TO THE SOUTH LINE OF SAID SECTION 11 TO SAID EAST LINE; THENCE RUN SOO'49'42"W, A DISTANCE OF 30.05 FEET ALONG SAID EAST LINE TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN S87'25'49"W, A DISTANCE OF 155.27 FEET ALONG SAID SOUTH LINE OF SECTION 11 TO THE POINT OF BEGINNING, AND, (2) COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 11, THENCE RUN N87'25'49"E, A DISTANCE OF 1181.16 FEET ALONG THE SOUTH LINE OF SAID SECTION 11; THENCE RUN NOO'49'42"E, A DISTANCE OF 50.09 FEET ALONG A LINE RUNNING PARALLEL TO THE EAST LINE OF SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 TO THE POINT OF BEGINNING; THENCE CONTINUE NOO'49'42"E, A DISTANCE OF 292.97 FEET ALONG A LINE THAT RUNS PARALLEL TO SAID EAST LINE; THENCE RUN N87'29'03"E, A DISTANCE OF 155.26 FEET ALONG THE NORTH LINE OF SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN SOO'49'42"W, A DISTANCE OF 292.83 FEET ALONG SAID EAST LINE; THENCE RUN S87'Z5'49"W, A DISTANCE OF 155.27 FEET ALONG A LINE THAT IS PARALLEL TO THE SOUTH LINE OF SAID SECTION 11, AND TO THE POINT OF BEGINNING. CONTAINING 50,058 SQUARE FEET OR 1.15 ACRES, MORE OR LESS. JEFfREY C. COONER AND ASSOClA1ES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUllE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EUAIL: SURVE'I1NGCCOONER.COM CUENT: GREEl£Y AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: DAlE: 8/3/~ SCALE: 1".100' I REV: 10/12/04 AN ACCESS EASEt.lENT IN THE SW 1/4 OF THE SW 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWG No:SECI 1 T-AE(AEI1) I SHEET: 2 OF 2 Ag nda Item No. 10D January 11, 2005 Page 68 of 242 ~~~IJ~ -PROJECT JO~q 2l PARCEL q..?.: FOLIO COI.\ \()"i</XXO'l SKETCH AND DESCRIPTION OF A UTILITY EASEMENT IN THE SW 1/4 OF THE SW 1/4 OF SECTION 11, TWP 50 S, RGE 26 E, COWER COUN1Y, FLORIDA t~ ~~ NORTH UNE OF THE S 1/2 OF THE S '/2 OF THE SW 1/4 OF l THE SW 1/4 r N87'29'03"E 15.03' F.P.&L. R/W EASEMENT 170' J. ~... N...... ......- ;;;i'i wW j!:iE... ~~:::- ~~i'i ::::J-W ....Cllj!: S~~ '......j S 1/2 OF THE S 1/2 OF SW 1/4 OF THE SW 1/4 FOUO NO.: 00410800007 "" ~\:; ~i ~ ~ ~~ N~ ~~ - - - . ~ ~~ N ~~ 587'25' 49"W O¡ 1'187'25' 4,.9"E ~ 15.04' \ 155.2 N87'2S'49"E 1166.14' P.o.e. --..... \ R S8~l¡"w /' /' " - - -C~~'42"W ~ "-- SOUTH UNE SECTION '1 ~ DESCRIPTION OF A STRIP OF LAND LYING IN THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOU'THWEST 1/4 OF SECTION 11. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA: C0t.4MENClNG AT THE SOUTHWEST CORNER OF SAID SECTION 1" THENCE RUN N87"25'49"E, A DISTANCE OF 1,'66.14 FEET ALONG THE SOUTH UNE OF SAID SECTION TO THE POINT OF BEGINNING: 'THENCE RUN Noo'49'42"E, A DISTANCE OF 343.07 FEET ALONG THE WEST UNE OF A 170-FOOT FLORIDA POV£R AND UGHT RIGHT-OF-WAY EASEMENT, SAID UNE RUNNING PARALLEL TO 'THE EAST UNE OF SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOU'THWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN N87'29'03"E, A DISTANCE OF 15.03 FEET ALONG THE NORTH UNE OF SAID SOUTH 1/2 OF 'THE SOUTH 1/2 OF THE SOU1HWEST 1/4 OF THE SOU1HWEST 1/4: 'THENCE RUN SOO'49'42"W, A DISTANCE OF 292.97 FEET ALONG A UNE THAT IS PARAl..L.EL TO SAID EAST UN£; THENCE RUN N87"25'49"E, A DISTANCE OF 155.27 FEET ALONG A UNE 'THAT IS PARALLEL TO THE SOUTH UNE OF SAID SECTION 11 TO SAID EAST UNE; THENCE RUN SOO'49'42"W, A DISTANCE 20.04 FEET ALONG SAID EAST UN£; THENCE RUN S87"2S'49"W, A DISTANCE OF 155.27 ALONG A UNE THAT IS PARALLEL TO SAID SOU'TH UNE: 'THENCE RUN SOO'49'42"W, A DISTANCE OF 30.05 FEET ALONG A UNE THAT IS PARAu.EL TO SAID EAST LINE: 'THENCE RUN S87"2S'49"W, A DISTANCE OF 1S.04 FEET ALONG SAID SOU'TH UNE OF SECTION 11 TO 'THE POINT OF BEGINNING. ISE:(: F.P.&L-FLORJDA POWER '" UGHT CO. R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O. C.-POINT OF COMUENCEMENT 15'- P.O.C. J SW CORNER OF SECTION 11 --- CONTAINING 8,251 SQUARE FEET OR 0.'9 ACRES, MORE OR LESS. ~;MË~~~:;- ~ià LB6773) PRO~~~ SURVEYOR AND MAPPER FLORIDA ~CENSE NO. LS 4876 'THIS ::f:£ OAY OF ~ 2004. tImE.: 'THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECT10N 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM. FLA. EAST ZONE. '83(90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD.. SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGOCOONER.COt.4 ,_ CUENT: GREELEY AND HANSEN. LLC DRAWN BY: .....W CHECKED BY: J.N.W. ?ARCEL DESCRIPTION: DATE: 8/3/04 SCAlE: 1"·100' I REV: 10/20/04 I 'S' UTILITY EASEMENT IN THE SW 1/4 OF 'THE SW 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWG No:SEC11T-AE(P11) ISHEET: 1 OF 1 Ag nda Item No.1 00 - Jan uary 11 , 2005 Page 69 of 242 EXHIBIT ~ page--'áof PROJECT ~ PARCEL ~ FOLIO ChY I 'l~ 'KCXXX..c TEMPORARY CONSTRUCTION EASEMENT IOURA1"ION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) ----.--,---,.-., SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO. 15 IN THE NW 1/4 OF THE NE 1/4 OF SECllON 14. TWP 50 S, RGE 26 E, COLLIER COUNTY, FlORIDA N87'29'OO·E PROPOSED 20' UTILITY EASEMENT ~-t ~ "'- . ~I.J iñ Z ;... b w :t" wï= ß ï!:~ ~-t w~ ~~ 1-% I/)I.J ~ï= SE 1/4 OF THE NW 1/4 OF THE NE 1/4 FOLIO NO.: 00417480006 ¡, ~ï;: ~g 8~ % ~ þjiñ ~ ~ -ª S87'29'OO·W 20.03' ~ ~~ ~g 60.10' ~ 40.07' S87'29'OO·W P.O.B. SOU1H UNE OF THE SE 1/4 OF 1HE NW 1/4 OF 1HE NE 1/4 KEY: R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT PROPOSED PRODUCTION WELL NO. 15 UTILITY EASEMENT P.O.C. SE CORNER OF SE 1/4 OF THE NW 1/4 OF THE NE 1/4 DESCRIPTION OF A PARCEL OF LAND LYING IN THE SOUTHEAST 1/4 OF 1HE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUN'TY, flORIDA: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NOR1HEAST 1/4, THENCE RUN S87'29'OO·W, A DISTANCE OF 40.07 FEET ALONG THE SOUTH UNE OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 TO THE POINT OF BEGINNING; 1HENCE CONTINUE S87'29'OO·W ALONG SAID UNE A DISTANCE OF 60.10 FEET; THENCE RUN NOO·47'5,·E, A DISTANCE OF 180.30 FEET ALONG A UNE THAT RUNS PARALLEl TO THE EAST UNE OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NOR1HEAST 1/4; THENCE RUN N87'29·OO·E, A DISTANCE OF 80.13 FEET ALONG A UNE THAT RUNS PARALlEL TO SAID SOU1H UNE; THENCE RUN SOO·47'51·W, A DISTANCE OF 130.22 FEET ALONG A UNE THAT RUNS PARALLEl TO SAID EAST UNE; THENCE RUN S87'29'OO·W, A DISTANCE OF 20.03 FEET ALONG A UNE THAT RUNS PARALLEl TO SAID SOU1H UNE; THENCE RUN SOO·47'51·W, A DISTANCE OF 50.08 FEET ALONG A UNE THAT RUNS PARALLEL TO SAID EAST UNE TO THE POINT OF BEGINNING. CONTAINING 13,444 SQUARE FEET OR 0.31 ACRES, MORE OR LESS. tiQIE; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIElD SURVEY OF SECTION 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FlA. EAST ZONE, '83(90. J N. 'MLKISõN -c;.(;~Ë~R~ LB6773) P SlONAL SURVEYOR AND MAPPER FlOR1Qo\ L CENSE NO. LS 4876 THIS '?:L..J<f:>AY OF ~OO4. THIS IS NOT A SURVEY ÐrREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGCCOONER.COM CUENT: GREElEY AND HANSEN. LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPll0N: WELL NO. 15 DATE: 8/12/04 SCALE: 1".60' REV: 10/20/04 TEJ.lPORARY CONSTRUCl1ON EASEMENT IN ntE NW 1/4 Of THE NE 1/4 OF SEC 14-50-26 PROJECT No: 020901 DWG NO:SEC14W-TCE TC15 SHEET: I OF 1 Ag nda Item No.1 00 January 11, 2005 Page 70 of 242 EXHIBIT A page-'Lof :II£.. PROJECT -3o~C¡Z I PARCEL .~ ~3 F OLI 0 (Y') Y. \ ""14 "i( noO & SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 15 IN 11-IE NW 1/4 OF 11-IE NE 1/4 OF SECllON 14, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA SE 1/4 OF 11-IE NW 1/4 OF 11-IE NE 1/4 FOLIO NO.: 00417480006 b N C .... W z !B~~ ~::;tx 0::1"< Q.;:)w tsEï: R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O. C.-POINT OF COMt.lENCEMENT IJJ . iõ ¡....ëo :r â 8 It) z 40.07' N87"29'OO"E ~ . iõëo . 0 ,.,.. . """0 " 10 8 en 40.07' S87"29'OO"W SOUTH UNE OF THE SE 1/'" OF THE NW 1/4 OF THE NE 1/'" ~~ ~- _IAJ jj~ IAJF F~ I!i... w:::- ~~ ....% III.... ~F ~ P.O.B. SE CORNER OF SE 1/4 OF THE NW 1/4 OF THE NE 1/4 DESCRIPTION OF A PARCEL OF LAND LYING IN THE SOUTHEAST 1/'" OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/'" OF SECTION 1.... TOWNSHIP 50 SOUTH. RANGE 26 EAST. COWER CDUNTY. flORIDA: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST 1/'" OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/.... THENCE RUN S87'29·OO"W. A DISTANCE OF 40.07 FEET ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/"': THENCE RUN NOO'47'S1"E, A DISTANCE OF 50.08 FEET ALONG A LINE THAT RUNS PARAlLEL TO THE EAST LINE OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4; THENCE RUN N87'29'OO"E, A DISTANCE OF 40.07 FEET ALONG A LINE THAT RUNS PARAlLEL TO SAID SOUTH LINE: THENCE RUN SOO"47's1"W, A DISTANCE OF 50.08 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. CONTAINING 2,007 SQUARE FEET OR 0.05 ACRES, MORE OR LESS. ------ N. WILKISON (FOR THE ARIA LS6773) PR SSIONAL SURVEYOR AND MAPPER Fl. ~/~~CENSE NO?J;~ ~76 THIS DAY OF 004. tI.QI£: THE PARCEL BEARING. DISTANCES, AND AREAS CALCULA1EÐ ARE BASED ON A AElD SURVEY OF SECTION 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE. '83/90. THIS IS NOT A SURVEY ~EY C. COONER AND ASSOCIA 1ES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD.. SUITE 4. FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGCCOONER.COM CUENT: GREELEY AND HANSEN. LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPllON: WELL NO. 14 DATE: 8/12/04 SCALE: 1".30' REV: 10/20/04 PRODUCTION WElL UTILITY EASEIAENT IN TH NW 1 4 OF THE NE 1 4 OF' SEC 14-50-26 PROJECT No: 020901 DWG NO:s£C14W-TCE(PI5 SHEET: 1 OF 1 Ag nda Item No.1 00 January 1 t, 2005 Page 71 of 242 EXHIB1T4 page-Í1-of.....µJ:.l- PROJECT ~Ü~ z. I PARCEL . '3 FOLIO ro41,.,4~{XJO(p TEMPORARY CONSTRUCTION EASEMENT (DURA'110N: 3 YEARS FROM COMMESCEMt:NT Ot' CONSTRUCTION) _._-_.~~----_.__.._- SKETCH AND DESCRIPTION OF A 80' TEMPORARY CONSTRUCTION EASEMENT IN THE NW 1/4 OF THE NE 1/4 OF SEC1l0N 14, TWP 50 S, RGE 26 E, COLUER COUNTY, FLORIDA NORni UNE OF niE NE 1/4 S87"25'49"W 1356.47' NORni UNE OF niE SE 1/4 NW 1/4 OF niE NE 1/4 --1 I I I ~ w~ FW z I5w wF 315 ...... 1/')...... <~ w~ z P.O.C, NE CORNER SECllON 14 ~I :;)1 ~ ¡t I/') ~ ¡;; ... PROPOSED 20' UTILITY EASEMENT SE 1/4 OF THE NW 1/4 OF THE NE 1/4 FOUO NO,: ~ 00417480006 tæt R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMt.tENCDAENT PROPOSED TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO, 15 _____ ~ , ~ SB7"29'OO"W DESCRIPT10N OF A 30-FOOT STRIP OF LAND L YlN G IN niE SOUniEAST 1/4 OF niE NOR1WNEST 1/4 Of' niE NORniEAST 1/4 Of' SECT10N 14, TOWNSHIP 50 SOUni, RANGE 26 EAST, COLUER COUNTY, FLORIDA: COt.tt.tENCING AT niE NOR'THEAST CORNER OF SAID SECT10N 14. 'THENCE RUN S87"25'49"W, A DISTANCE OF 1356.47 FEET ALONG 'THE NORni UNE OF SAID NORniEAST 1/4; niENCE RUN SOO'47'51"W, A DISTANCE OF 571.42 f'EET ALONG A UNE niAT RUNS PARAu..EL TO SAID EAST UNE OF' niE NORniWEST 1/4 OF' niE NORniEAST 1/4 TO 11iE POINT OF' BEGINNING; niENCE CONT1NUE SOO'47'51"W, A DISTANCE OF 491.09 FEET ALONG SAID UNE; 11iENCE RUN S87'29'OO"W. A DISTANCE OF 30.05 FEET; 11iENCE RUN NOO'47'51"E, A DISTANCE OF' 491.0B FEET ALONG A UNE niAT RUNS PARALLEL TO SAID EAST UNE; 11iENCE RUN N87"27'23"E. A DISTANCE OF' 30.05 FEET ALONG 'THE NOR11i LINE OF' SAID SOU11iEAST 1/4 OF' 11iE NOR11iI,\£ST 1/4 OF 11iE NOR11iEAST 1/4 TO 11iE POINT OF' BEGINNING. CONTAINING 14,733 SQUARE F'EET OR 0.34 ACRES, MORE OR LESS. ~ ~ . ./, niE PARCEL BEARING, DISTANCES, AND AREAS --- _::....K"~ --- CALCULATED ARE BASEO ON A FIELD SURVEY OF JAM N. WILKISON (FOR 11iE FIRM LB5773) SECT10N 14. BASIS OF BEARING: STAlE PLANE PR 10NAL SURVEYOR AND t.tAPPER COORDINATE SYSTEM FLA. EAST ZONE, '83/90. FL IDA UCENSE NO. LS 4875 ' niIS'2-~DAY OF c2d:;-2004. "THIS IS NOT A SURVEY ~EY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX; (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CUENT: GREElEY AND HANSEN, u..c DRAWN BY; JNW CHECKED BY; J.N.W. PARCEL DESCRIP1l0N: DATE: 8/3/04 SCALE: 1"-50' REV: 10/20/04- TEMP. CONSTRUCT10N EASEMENT IN 11iE NW 1/4 OF niE NE 1/4 OF' SEC 14-50-25 PROJECT No: 020901 DWG No:SEC14T-"E(TC20 SHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 72 of 242 EXHIBIT A Page-"-of~ PROJECT '1o~q Z L- PARCEL ~ FOLIO cYJ411ì L..{ 'X'(YX'){p SKETCH AND DESCRIPTION OF A 20' UTILITY EASEMENT IN THE NW 1/4 OF THE NE 1/4 OF SEC110N 14, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA NORTH UNE OF THE NE 1/4 S87'25'49'W P.O.C. NE CORNER SECTION 14 NORTH UNE OF THE SE 1/4 NW 1/4 OF" THE NE 1/4 ~. ~ w.... ~ F~ I I5LIJ iI: I&J iE t ~ ~15 I/) I- ~ ~~ ª iI: NB7'27'2 'E Z 2003' P.O.B. SE 1/4 OF THE NW 1/4 OF THE NE 1/4 FOUO NO.: 00417460006 Iæ(: R/W - RIGHT-OF"-WAY O.R. - OFI'1CIAl RECORDS BOOK/PAGE P.O.B.-POINT OF BEGINNING P.O. C.-POINT OF" COMMENCEMENT 1') ~ III S8T29'OO'W 20,03' DESCRIP110N OF A 20-F"00T STRIP OF LAND LYING IN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 Of THE NORTHEAST 1/4 OF SEC110N 14, TOYMSHIP 50 SOUTH, RANGE 26 EAST, COWER COUN1Y. FLORIDA: COUMENC1NG AT THE NORTHEAST CORNER OF SAID SECTION 14, THENCE RUN SB7'25'49'W, A DISTANCE OF 1336.44 FEET ALONG THE NORTH UNE OF SAID NORTHEAST 1/4; THENCE RUN SOO'47'S1'W, A DISTANCE OF 671.43 FEET AlONG THE EAST UNE OF' THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 TO THE POINT OF BEGINNING: THENCE CONTINUE SOO'47'S1'W, A DISTANCE OF 621.32 FEET AlONG SAID EAST UNE; THENCE RUN SB7'29'OO'W, A DISTANCE OF 20.03 FEET; THENCE RUN NOO'47'S1'E, A DISTANCE OF 621.31 FEET ALONG A UNE THAT RUNS PARALLEL TO SAID EAST UNE; THENCE RUN N87'27'23'E, A DISTANCE OF 20.03 FEET AlONG THE NORTH UNE OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF" THE NORTHEAST 1/4 TO THE POINT OF BEGINNING. CONTAINING 12,44S SQUARE FEET OR 0.29 ACRES, MORE OR LESS. /iQIE: THE PARCEL BEARING, DISTANCES, AND AREAS CAlCULATED ARE BASED ON A FIElD SURVEY OF SECTION 14. BASIS OF BEARING: STAiE PLANE CODRDINAiE SYSTEM, FlA. EAST ZONE, '83/90. THIS IS NOT A SURVEY ~EY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUliE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVE'r'lNGOCOONER,COM CUENT: GREEl£Y AND HANSEN, u.c DRAw-.¡ BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: DAiE: B/3/04 SCALE: 1'.60' REV: 10/20/04 20' U11UTY EASEMENT IN THE NW 1/4 OF THE NE 1 4 OF" SEC 14-50-26 PROJECT No: 020901 DWG No:SEC14T-AE(P20) SHEET: 1 OF" 1 -------- - N. WILKISON (FOR THE fiRM LaB 77 3) PR SSIONAl SURVEYOR AND MAPPER FLORIDA UCENSE N..Q. ..S 4876 THIS ?1£OoAY OF"'-&t::. 2004. Ag nda Item No.1 00 January 11, 2005 Page 73 of 242 ..... PROJECT ~()~Ý Z. \ PARCEL ~ ~4 R .. FOLIO ('t)4.I'1lnS::ŒYX) EXH'B'T~ page.Jtl- of -L.!&2- TEMPORARY CONSTRUCTION EASEMENT ¡DURATION: 3 YEARS FROM COMMENCEMENT OF CON~'TRUCTION) SKETCH AND DESCRIPTION OF A 80' TEMPORARY CONSTRUCTION EASEMENT IN THE NW 1/4 OF THE NE 1/4 OF SECTION 14, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA NOR'!H UHE OF '!HE NE 1/4 P.O.C. NE CORNER SECTION 14 587"25' 4S"W w' in ~ \ E)( STINC 30' R/W EASEMENT ~ C! ~ C PER O.R. 404/997 ~ ~ ~ - - - 30.05' Ó 587'2:\'49 W iii PROPOSED 1s¡ PRODUCì10N~' WELL NO. 13 ¡;¡ UTILITY EASEMENT E 1/2 OFITHE E 1/2 OF TI-lE NE 1/4 I OF THE NW 1/4 ~ OF TI-lE NE 1/4 ~ FOLIO NO.: § 00417680000 J87"25'49"E PROPOSED 30.05' TEMPORARY CONSTRUCTION "" EASEMENT FOR 0 PRODUCTION ;¡; WELL NO. 13 .... w't w~i!'- i!'~I5~ \5w....w ¿, i!'';:::-i!' ê:i\5~15 !ñ~¡., "" ~-~- ¡., \5~ PROPOSED 20' UTILITY EASEMENT N w..... i!:~'t't't \5~~;~ ¡., f"oZZz ê:i\5~~~ 1ñ~\5\5\5 ~- w P.O.B. #2 SOU'!H UNE OF THE E 1/2 OF '!HE E 1/2 OF '!HE NE 1/4 OF THE NW 1/4 OF '!HE NE 1/4 ~ . 1ñ ¡... ~ ID: R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS BOOK/þAGE P.O.B.-POINT OF BEGINNING P.O. C.-POINT OF COMMENCEMENT ¿, . 1ñ ¡... ;<t 8 Z 30,05', SEE SHEET 2 OF 2 S87'~7'23"W FOR DESCRIPTION ~~ tiQIE: _ . '!HE PARCEl BEARING, DISTANCES, AND AREAS --- ----- - ------- CALCULATED ARE BASED ON A F1ELO SURVEY OF JAM N. WILKISON (FOR '!HE FIRM LB6773) SECTION 14. BASIS OF BEARING: STATE PLANE PR SSJONAL SURVEYOR AND MAPPER COORDINATE SYSTEM FLA. EAST ZONE, '83Î90. FLORlOA..,UCENSE NO LS 4876 ' '!HIS ~~AY OF 'Z2ii::. 2004. THIS IS NOT A SURVEY Ð'FREY C. COONER AND ASSOCIA 1ES, INC. SURVEYING AND t.lAPPING 3900 COLONIAL BLVD., SUITE 4, FORT t.lYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPllON: DATE: 8/3/04 SCALE: 1".60' REV: 10/20/04 TEMP. CONSTRUCTION EASEMENT IN '!HE NW 1/4 OF THE NE 1/4 OF SEC 14-50-26 PROJECT No: 020901 OWG No:S£C14T-A£(TC19 SHEET: 1 OF 2 Ag nda Item No. 100 January 11, 2005 Page 74 of 242 EXHIBIT A page...12.. of --11L2 PROJECT 'ltft<.~ 2..1 PARCEL '134 A ~ FOll 0 COY \ r"1{o'N:X::~X) TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) ---..-------.------- SKETCH AND DESCRIPTION OF A 80' TEMPORARY CONSTRUCTION EASEMENT IN THE NW 1/4 OF THE NE 1/4 OF SECTION 14, TWP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA DESCRIPl10N Of 3O-FOOT S1RIPS OF LAND L'r'1NG IN T1-IE EAST 1/2 Of T1-IE EAST 1/2 Of T1-IE NORT1-IEAST 1/4 OF T1-IE NORT1-IW[ST 1/4- OF T1-IE NORT1-IEAST 1/4 OF SECilON 14, TOWNSHIP 50 SOUT1-I, RANGE 26 EAST, COLUER COUNTY, FLORIDA: (1)COMIAENaNG AT T1-IE NORTHEAST CORNER OF SAID SECilON 14, T1-IENCE RUN S87"25'49"W, A DISTANCE OF 1356.47 FEET ALONG THE NORTH UNE OF THE NORT1-IEAST 1/4 TO THE POINT OF BEGINNING; THENCE RUN SOO'47'51.W, A DISTANCE OF 30.05 FEET ALONG A UNE THAT RUNS PARALLEL TO THE EAST UNE OF SAID EAST 1/2 OF THE EAST 1/2 Of T1-IE NORT1-IEAST 1/4 OF 1l1E NOR1l1WEST 1/4 OF lHE NORTHEAST 1/4: THENCE RUN S8T25'49"W. A DISTANCE Of 30.05 FEET ALONG 1l1E SOUT1-I UNE OF A 3D-fOOT RIGHT-Of-WAY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 404, PAGE 997, PUBUC RECORDS OF COWER COUNTY, FLORIDA, SAID UNE RUNNING PARALiEL TO SAID NORTH UNE: 1l1ENCE RUN NOD'47'51"E, A DISTANCE Of 30.05 FEET TO SAID NOR'!ti UNE; '!tiENCE RUN N87"2S'49"E, A DISTANCE OF 30.0S FEET ALONG SAID NORTH UNE TO THE POINT Of BEGINNING, AND, (2)COMMENCING AT THE NORTHEAST CORNER OF SAID SECilON 14, THENCE RUN S87'2S'49"W, A DISTANCE OF 13S6.47 FEET ALONG THE NORTH UNE OF T1-IE NORTHEAST 1/4-: THENCE RUN SOO'47'SI"W, A DISTANCE Of 210.36 FEET ALONG A UNE T1-IAT RUNS PARALLEL TO THE EAST UNE OF SAID EAST 1/2 OF THE EAST 1/2 Of THE NORTHEAST 1/4 OF T1-IE NORTHWEST 1/4 OF T1-IE NORTHEAST 1/4 TO '!tiE POINT Of BEGINNING; THENCE CONilNUE SOO'47'51"W, A DISTANCE OF 461.06 FEET ALONG SAID UNE TO THE SOUTH UNE OF SAID EAST 1/2 Of T1-IE EAST 1/2 Of THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4; THENCE RUN S87'27'23"W. A DISTANCE Of 30.05 FEET ALONG SAID SOUTH UNE: T1-IENCE RUN NOO'47'SI"E, A DISTANCE Of 461.04 FEET; THENCE RUN N87'25'4S"E, A DISTANCE OF 30.05 FEET TO SAID EAST UNE TO THE POINT OF BEGINNING. CONTAINING 14,733 SQUARE FEET OR 0.34 ACRES, MORE OR LESS. SEE SHEET 1 OF 2 FOR SKETCH JEFFREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGCCOONER.COM CUENT: GREElEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 8/3/04 SCALE: NA . REV: 10/20/04 TEMP. CONSTRUCilON EASEMENT IN THE NW 1/4 OF THE NE 1/4 Of SEC 14-50-26 PROJECT No: 020901 DWG NO:SEC14T-AE(TC1dsHEET: 2 OF 2 Ag nda Item No. 100 January 11 , 2005 Page 75 of 242 EXHIBIT A Page-1Lof ~ PROJECT ~ PARCE~ Cr~4 A - r-OLIO (')"')41 'l(nWXX:O SKETCH AND DESCRIPTION OF A 20' UTILITY EASEMENT IN THE NW 1/4 OF THE NE 1/4 OF SECTION 14, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA ¡, Î~ NORTH UNE Of , . THE NE 1/4/Î N87'252~~~' ". S87'25'49·W \ - - - P.O.B. '- EXIS11NG 30' R/W EASEMENT PER O.R. 404/997 ""'"\ ------~- 1336.44' --- - P.O.C¡) NE CORNER SECllON 14 - ¡. N "': ¡::: co ~ ¡::: II) w.::t. .....~j!:- j!::~~ I!sw.¡-..... wj!::::-j!: ~1!s~15 IiiN~~ ~:::-j!:- .....15~ E 1/2 OF THE E 1/2 OF THE NE 1/4 OF THE NW 1/4 OF THE NE 1/4 FOLIO NO.: 00417680000 N ....., j!:-.:t.::t..:t UJ___ l5~w~..... wFZZZ Z............w :Joj!:j!:j!: §~1!s1515 w . . ~ SOUTH UNE OF THE E 1/2 OF THE E 1/2 OF THE NE 1/4 OF THE NW 1/4 OF THE NE 1/4 \ ... . iñ ;.. ~ 8 Z F iñ ;.. ~ ß W: R/W - RIGHT-Of-WAY O.R. - OFFlClAL RECORDS BOOK/pAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT ~.03 S87'27'f3·W DESCRIPll0N OF A 20-fOOT STRIP OF LAND LYING IN THE EAST 1/2 OF THE EAST 1/2 Of THE NORTHEAST 1/4 OF THE NORTHYo£ST 1/4 OF THE NORTHEAST 1/4 OF SECll0N 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT THE NORTHEAST CORNER OF SAID SECll0N 14, THENCE RUN S87'25'49"W, A DISTANCE OF 1336.44 FEET ALONG THE NORTH UNE OF SAID NORTHEAST 1/4 TO THE POINT OF BEGINNING; THENCE RUN SOO'47'51"W, A DISTANCE OF 671.4:5 FEET ALONG THE EAST UNE OF SAID EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHYo£ST 1/4 OF THE NORTHEAST 1/4: THENCE RUN S87'27'23·W. A DISTANCE OF 20.03 FEET ALONG THE SOUTH UNE OF SAID EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHYo£ST 1/4 OF THE NORTHEAST 1/4; THENCE RUN NOO·47'51·E, A DISTANCE OF 671.42 FEET ALONG A UNE THAT RUNS PARAu.EL TO SAID EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 TO SAID NORTH UNE: THENCE RUN N87'2S'49"e:, A DISTANCE OF 20.03 FEET ALONG SAID NORTH UNE TO THE POINT OF BEGINNING. CONTAINING 13,428 SQUARE FEET OR 0.31 ACRES, MORE OR LESS. !:mE; ~ ¿ THE PARCEL BEARING, DISTANCES, AND AREAS ~-..&.:. CALCUl.A'lED ARE BASED ON A FIElD SURVEY OF J....MËš- ~L.KÏSON (FOR 'THE FIRM l.B6773) SECllON 14. BASIS OF BEARING: STA'IE PLANE PR ONAL SURVEYOR AND MAPPER COORDINATE SYSTEM, FLA. EAST ZONE, '83(90. ~IS ~~SEOFN°;J.SA~~4. iHlS IS NOT A SURVEY ~EY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGCCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAYtN BY: ..NW CHECKED BY: J.N.W. PARCEL DESCRIP1l0N: DAlE: 8/3/04 SCALE: 1".60' TREV: 1D/20/04 20' UllUTY EASEMENT IN THE NW 1/4- OF 1HE NE 1/4 OF SEC 14-50 26 PROJECT No: 020901 DWG No:SEC14T-AE(PII1) I SHEET: 1 OF 1 Ag nda Item No.1 00 January 11, 2005 Page 76 of 242 EXHIBIT f,,5" Page ...76:...- of PROJECT ~ PARCEL 1 )1-) FOLIO (Y')4l'l1,,~ TEMPORARY CONSTRUCTION EASEMENT (DURA TlON: J YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION ."ELL NO. 13 IN THE NW 1/4 OF THE NE 1/4 OF SECTION 14, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA PROPOSED PRODUCTION WELL NO. 13 UT1UTY ~SEMENT NB7'25'49"E NORTH UNE OF SECTION ,~ - - - - - - - L EXISTING :50' RIGHT-OF-WAY EASEMENT PER O.R. 404/997 HB7 5'49"E ~.07' ~ ~g ~g ~ ~.07' N87'25'49"E P.O.C. HE CORNER OF E '/2 Of 111E E '/2 OF 111E NE '/4 OF 111E NW 1/4 Of 111E NE 1/4 --- -- 587'25' 49"W 20.0:5' ~ ...0.... 0....' ,- ~-w -wZ IIJzlIJ ~8 ~ ~~jE VI "')011.1'- ... g~~ ...~o a::¡:::< ° ~ a.:Jw w~_ z_~ :::J Z ....11.1 VlWIIJ ~jEjE !SEX: R/W - RIGHT-Of-WAY P.O.B.-POINT Of BEGINNING P.O.C.-POINT Of COMUENCEUENT ~ ¡;¡ ¡... ~ Z E 1/2 OF THE E 1/2 OF THE NE 1/4 OF THE NW 1/4 OF THE NE 1/4 80.'4' S87'25' 49"W FOUO NO.: 00417680000 nFSCRIPll0N OF A PARCEL OF LAND LYING IN 111E EAST 1/2 OF 111E EAST 1/2 OF THE NORTHEAST 1/4 OF 111E NOR111WEST 1/4 Of 111E NORTHEAST 1/4 OF SECTION 14, TOWNSHIP SO SOU111, RANGE 26 EAST, COWER COUNTY, FlORIDA: COUUENClNG AT 111E NORTHEAST CORNER OF SAID EAST 1/2 OF 111E EAST 1/2 OF THE NORTHEAST 1/4 Of 111E . NORTHWEST 1/4 OF THE NORTHEAST 1/4, 111ENCE RUN SOO·47'51"W, A DISTANCE OF 80.14 FEET ALONG 111E EAST UNE OF SAID EAST 1/2 OF 111E EAST 1/2 OF 111E NOR111EAST 1/4 OF 111E NOR111WEST 1/4 OF THE NORTHEAST 1/4; THENCE RUN S87'25'49"W, A DISTANCE OF 20.03 FEET TO 111E POINT Of BEGINNING; 111ENCE RUN SOO·47'5'"W, A DISTANCE OF 130.22 FEET ALONG A UNE THAT RUNS ~ARAU.EL TO SAID EAST UNE; THENCE RUN S87'25'49"W, A DISTANCE Of 80.'4 FEET ALONG A UNE THAT RUNS PARAU.EL TO THE NORTH UNE OF SAID SECTION '4; THENCE RUN NOO·47'S1"E, A DISTANCE OF '80.31 FEET ALONG A UNE THAT RUNS PARAU.EL TO SAID EAST UNE; THENCE RUN N87'2S'49"E, A DISTANCE OF ~.07 FEET ALONG THE SOUTH UNE OF A 30-FOOT RIGHT-or-WAY EASEMENT AS RECORDED IN OFFlCIAL RECORDS BOOK 404, PAGE 997, PUBUC RECORDS OF COWER COUNTY, FLORIDA, SAID UNE RUNNING PARAI.LEl TO SAID NORTH SECTION UNE: THENCE RUN SOO"47'SI"W. A DISTANCE OF 50.09 FEET ALONG A UNE THAT RUNS PARALLEl.. TO SAID EAST UNE: THENCE RUN NB7'25'49"E, A DISTANCE OF 4O.D7 FEET ALONG A UNE THAT RUNS PARALLEl.. TO SAID NORTH UNE TO THE POINT OF BEGINNING. CONTAINING 12,443 SQUARE FEET OR 0.29 ACRES, MORE OR LESS. -- - -- ~------- wm;; THE PARCEL BEARING, DISTANCES. AND AREAS CALCULA'lED ARE BASED ON A RELD SURVEY Of SECllON 14. BASIS OF BEARING: STA'IE PLANE COORDINATE SYSTÐ.1, FlA. EAST ZONE, '83/90. THIS IS NOT A SURVEY -EFFREY C. COONER AND ASSOOATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 o.tAIL: SURVEYlNGOCOONER.COU - CUENT: GREELEY AND HANSEN. IJ..C DRAWN BY: oJNW CHECKED BY: oJ.N.W. PARCEL DESCRIPTION: WELL NO. 13 DATE: 8/12/04 SCALE: 1"-60' REV: '0/20/04 TÐoIP. CONSlRUC110N EASEMENT IN THE NW 1 4 OF THE NE 1 4 OF SEC 14-50-26 PROJECT No: 020901 DWG NO:SEC14W-TCE(TC13 SHEET: , OF I J S N, WILKISON (FOR THE FIRM LB6773) P FESSlONAL SURVEYOR AND MAPPER ORIDA UCENSE NO. U 4876 THIS"L~DAY OFO...!:i- 2004. Ag nda Item No.1 00 January 11, 2005 Page 77 of 242 EXHIBIT A page..:tl-of ~ PROJECT -.:J()~<1 z 1 PARCEL <1 ~5" FOLIO CV4 \ r¡{1.) ~Y.x? SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 13 IN mE NW 1/4 OF mE NE 1/4 OF SECTION 14, TWP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA t, ~~ /.. NOR"TH LINE OF $EC110N 14 L N87·25' 49"E L EXlS1\NG 3O~RI:T~OF-WAY ~ - i - * À- EASEMENT PER O.R. 404/997 I") iõ N87·25' 49"E 20.~ 1;: . _ _ - -¡ 40.07 P.O.B. ~ P.O.C. NE CORNER Of E 1/2 Of "THE E 1/2 Of THE NE 1/4 Of' THE NW 1/4 OF THE NE 1/4 I Lo.I5... 0...' ,~ ~~14J ~I4JZ I4Jzl4J 14J14Jj!: j!:j!:~ 15~... 14J~';::- ~~~ t;:I4JZ :¿14J14J 14Jj!:j!: DESCRIPTION Of A PARCEL Of LAND LYING IN THE EAST 1/2 Of "THE EAST 1/2 Of 1liE NOR"THEAST 1/4 Of' 1liE NOR11iWEST 1/4 OF THE NORTHEAST 1/4 Of SECTION 14, TOWNSHIP 50 SOU"TH, RANGE 26 EAST, COWER COUNTY, FLORIDA: w . iõ ~èn :rt" ~ g Lt') z E 1/2 OF THE E ,)2 OF THE NE 1/4 OF mE NW 1/4 OF, THE NE 1/4 FOLIO NO.: 00417680000 == . KEY; l R/W - RIGHT-Of-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMI.CENCEM NT ìõi:n . 0 ,... . ....0 oil') o en o '" o >- UJ z ¡gt:~ ~:J~ et:",,< Q,::JUJ 40.07' 587"25' 49"W COMMENCING AT "THE NORTHEAST CORNER OF SAID EAST 1/2 Of THE EAST 1/2 Of THE NORTHEAST 1/4 Of' THE NORTHWEST 1/4 Of THE NOR1HEAST 1/4, THENCE RUN SOO'47'51"W, A DISTANCE Of' 30.05 f'EET AlONG 1HE EAST UNE OF SAID EAST 1/2 Of' 1HE EAST 1/2 Of 1HE NORTHEAST 1/4 OF THE NORTHWEST 1/4 Of' 1HE NOR1liEAST 1/4; THENCE RUN S8T25'49"W, A DISTANCE OF 20.03 FEET ALONG 1HE SOUTH LINE Of A 30-FOOT RIGHT-Of-WAY EASEMENT AS RECORDED IN OmClAl RECORDS BOOK 404, PAGE 997, PUBLIC RECORDS OF COWER COUNTY, FLORIDA, SAID LINE RUNNING PARAU..EL TO 1liE NORTH UNE OF SAID SECTION 14, TO 1HE POINT Of' BEGINNING; 1HENCE RUN SOO'47'S1"W, A DISTANCE Of 50.09 FEET ALONG A LINE 1HAT RUNS PARALLEL TO SAID EAST LINE; 1HENCE RUN S87"2S'49"W, A DISTANCE Of' 40.07 FEET ALONG A LINE THAT RUNS PARALl.EL TO SAID NOR1li UNE; 1HENCE RUN NOO·47'S1"E. A DISTANCE OF 50.09 FEET ALONG A LINE "THAT RUNS PARALlEL TO SAID EAST LINE; THENCE RUN N87"25'49"E, A DISTANCE OF 40.07 FEET AlONG 1liE SOU1H UNE OF SAID 30-FOOT RIGHT-Of-WAY EASEMENT TO THE POINT Of BEGINNING. CONTAINING 2.007 SQUARE FEET OR O.OS ACRES, MORE OR LESS. ___ G:__~~__ JAM . YflLKISoN (FOR THE FlRI.C LB6773) PR SSIONAL SURVEYOR AND MAPPER FLOR~CENSE NQ. L~ 4876 THIS ! DAY o"'"'-t:Z:: 2004. t:IQ!E; 1HE PARCEL BEARING, DISTANCES, AND AREAS CAlCULATED ARE BASED ON A FIELD SURVEY OF SECTION 14. BASIS Of BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, 'e3í90. THIS IS NOT A SURVEY ~EY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONiAl BLVD., SUITE 4, FORT MYERS. FlORIDA 33912 PHONE; (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEY1NGOCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY; JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: WELL NO. 13 DATE: 8/12/04 SCALE: 1".30' I REV; 10/20/04 PRODUCTION WElL UllUTY EASEI.CENT IN 1HE NW 1/4 Of 1HE NE 1/4 OF SEC 14-50 26 PROJECT No: 020901 DWG NO:SEC14W-TCE(P13)ISHEET: 1 OF 1 Ag nda Item NO.1 00 January 11, 2005 Page 78 of 242 EXHIBITJ}- Pag e..1!- of PROJECT ~ PARCEL ~ 3J..p FOLIO W4\ \ "i«()(YYXf TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) ,-_._,~ - ~----,----------^ SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO. 12 IN THE SE 1/4 AND THE SW 1/4 OF SEC110N 11, TWP 50 S. RGE 26 E, COWER COUNTY. FLORIDA PROPOSED PRODUCTION WELL NO. 12 UTILITY EASEMENT SE 1/4 OF THE SW 1/4- FOUO NO.: 00411800006 w is ¡.;¡i ß ~ ~~ ¡ ~ ~; VI ~w w~ 3~ ... B~ H8 5' 4~·E 65.00' ~ ~~ N~ C Z --- --- --- '- SOUTH UNE OF THE SE 1/4 OF" THE SW 1/4 P.O.C. SE CORNER OF THE SE 1/4 OF THE SW 1/4 DESCRIPTION' A PARCEL LYING IN THE SOUTHEAST 1/4 OF THE SOU11iWEST 1/4 OF SECTION ", TO~SHIP 50 SOUTH. RANGE 26 EAST. COWER COUNTY, FLORIDA, DESCRIBED AS FOLLOW: COMMENCING AT THE SOU11iEAST CORNER OF SAID SOUTHEAST 1/4 OF 11iE SOUTHWEST 1/4, THENCE RUN SOUTH 81'25'49· WEST, A DISTANCE OF 10.00 FEET ALONG 11iE SOUTH LINE OF SAID SECTION: THENCE RUN NORTH 02'34'11· EAST. A DISTANCE OF 50.00 FEET TO A UNE THAT IS PARAu.EL TO SAID SECTION UNE AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 02'34'11· EAST. A DISTANCE OF 60.00 FEET: THENCE RUN SOUTH 87'25'49· WEST, A DISTANCE OF 160.00 FEET ALONG A UNE 11iAT IS PARALLEL TO SAID SOUTH UNE; THENCE RUN SOUTH 02'34'11· EAST. A DISTANCE OF 60.00 FEET TO SAIl> UNE 11iAT IS 50 FEET NORTH OF AND PARALLEL TO SAID SECTION UNE; THENCE RUN SOUTH 87'25·...9· EAST. A DISTANCE OF 65.00 FEET ALONG SAID UNE; 11iENCE RUN NORTH 02'3...·,,· EAST. A DISTANCE OF .w.00 FEET; 11iENCE RUN SOUTH 87'25'49· EAST, A DISTANCE OF 50.00 FEET; 11iENCE RUN SOU11i 02'34'1'· WEST, A DISTANCE OF' .w.DO FEET TO SAID UNE 11iAT IS 50 FEET NOR11i OF' AND PARAUEl. TO SAID SOU11i UNE; 11iENCE RUN SOUTH 87'25·...9· EAST. A DISTANCE OF' 65.00 FEET ALONG SAID UNE TO THE POINT OF' BEGINNING. CfkONTAINING. 1~:~:;:UAR~ FEET, OR 0.28 ACRES MORE OR LES~JE~ARCEL BEARING, DISTANCES. AND AREAS -:-:- -. -.5.if~ ...------- CALCULATED ARE BASED ON A F1ELD SURVEY OF JAM. N. WILKISON £f~ THE F1Rt.4 LB6773) SECTION 11. BASIS OF' BEARING: STATE PLANE PROFESSrONAL S~RVEYOR AND MAPPER COORDINATE SYSTEt.t, FLA. EAST ZONE. '83(90. ~~~S~l·o-tJ.7~~.... THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCI A TESt INC. SURVE't'lNG AND t.4APPING 3900 COLONIAL BLVD., sum: 4-, FORT t.4YERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVE't'lNGCCOONER.COt.4 CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JRF CHECKED BY: J.N.W. ?ARCEL DESCRIPTION: WEll. NO. 12 DATE: 9/7/04 SCALE: '·.50' REV: 10/20/04 TEMP. CONSTRUCTION EASEMENT LYING IN lHE SE 1/4 OF 11iE SW 1/4 OF SECTION 11 PROJECT No: 020901 DWG No: SEC11W-TŒ(TC12) SHEET: 1 OF 1 Ag nda Item No. 1.00 January 11 2005 Page 79 of 242 EXHIBIT A . page~of~ PROJECT ~ PARCEL ~~ FOLIO c"1'?""¡" 9;:O(Y)(){o L~ ~W SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 12 IN THE SE 1/4 AND THE SW 1/4 OF SEC110N 11, TWP 50 S, RGE 26 E, COllIER COUNTY, FLORIDA 1. S87"25'4S"W 50.00' SE 1/4 OF TIiE SW 1/4 FOUO NO.: 00411800006 -t ....- ¡!:~ ~.... ....¡!: ~\5 ¡Iii-t ~- I b! tI ¡~ ~ . ~~ N¡ o z - NA'T25'4Q"E P.O.B. -- 50.00' ~ PROPOSED 20' UTILI TY ~\ EASEMENT . -- - -::~ ~\g 30' ROAD R/W ~\ EASEMENT PER O.R, 279/284 IJ- S8L"25~9~ 75.00' _f-- - - -'-- - - - - -....1 --- CSOUTH~NE OF THE SE '/4 OF THE SW 1/4 tsEY; R/W - RIGHT-OF-WAY FP&L - flORIDA POWER AND UGHT COMPANY P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT P.O.C. SE CORNER OF THE SE 1/4 OF THE SW '/4 DESCRtPllON: A PARCEL L'11NG IN THE SOUTHEAST '/4 OF THE SOUTHWEST 1/4 OF SECllON 11, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COWER COUNTY, flORIDA. DESCRIBED AS FOlLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, THENCE RUN SOUTH 67'25'49" WEST. A DISTANCE OF 75.00 FEET ALONG THE SOUTH UNE OF SAID SECTION; THENCE RUN NORTH 02'34'1'" WEST A DISTANCE OF 50.00 FEET'TO A UNE THAT IS PARALL£L TO SAID SOUTH UNE AND THE POINT OF' BEGINNING; THENCE CONTINUE NORTH 02'34'1'" WEST, A DISTANCE OF 40.00 F'EET TO A UNE THAT IS PARA.U..E1. TO SAID SOUTH UNE; THENCE RUN SOUTH 67'25'49" WEST, A DISTANCE OF 50.00 ALONG S....D UNEõ THENCE RUN SOUTH 02"34"1· EAST, A DISTANCE OF' 40.00 FEET TO SAID UNE THAT IS 50 FEET NORTH OF AND PARALlE1. TO S....D SOUTH UNE; THENCE RUN NORTH 61'25'49" EAST, A DISTANCE OF 50.00 FEET ALONG SAID UNE TO THE POINT OF' BEGINNING. CONTAINING 2,'ooQ SQUARE FEET OR 0.05 ACRES. MORE OR LESS. .. ~' , -:.J ~ t--- --- ~~~~----- JAM 'N. ~SoÑ <i='OR THE FlRM LB6773) PR SStON-Al. -SURVEYOR AND MAPPER FlORIQ~' }.IC9.lSENQ. ~ 4876 THIS ''=1:t!}'DA Y OF' (lJ4::. 2004. WUE: THE PARCEL BEARING. DISTANCES, AND AREAS CALCULI\. TED ARE BASED ON A FIElD SURVEY OF SECTION '1. BASIS OF' BEARING: STATE PLANE COORDINATE SYSTEM, FlA. EAST ZONE. '83/90. 1HIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCI A 1£5. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUI'TE 4, FORT M'r'ERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN. U.C DRAWN BY: JRF' CHECKED BY: J.N.W. PARCEL DESCRIPllON: WElL NO.1. DAlE: 8/26/04 SCALE: 1·.30' I REV: '0/20/04 PRODUCTION WElL UTIUTY EASEMENT IN THE SE 1/4 AND lHE SW 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWG No: SEC11W-TCE(P121SHEET: 1 OF' 1 Ag nda Item No.1 00 Janµary 11, 2005 Page 80 of 242 EXHIBIT-4, page..1k- of -1.JI:L PROJECT 10~t12l PARCEL~ FOLIO O'JY-I \ <ï«)()('Y'){P TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) -------- ----------- SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO. 11 IN lliE SE 1/4 AND lliE SW 1/4 OF' SECll0N 11, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA SE 1/4 OF THE SW 1/4 FOUO NO.: 00411800006 .... i5 ~ ~ II: ~ .::( ~; en \5w wi: ~~ tñ.::( ~- j . 8 ¡ 180.00 PROPOSED PRODUCTION WELL NO. 11 UTILITY EASEMENT ~ ~\~- ~~ o 60.00' _ ~ z_ N87"25 49"E 50.00' PROPOSED 20' UTILITY EASEMENT_ 80.00 ----;0' ROAD R/W EASEMENT PER O.R. 279/264 --- ~ SOUTH UNE OF THE SE 1/4 OF THE SW 1/4 P.O.C. SE CORNER OF THE SE 1/4 D£SCRlPi1ON: OF THE SW 1/4 A PARCEL LYING IN THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SEC1l0N II, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COWER COUNlY, FLORIDA, DESCRIBED AS FOLLOW: COMMENCING AT THE SOUTH~T CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, THENCE RUN NORTH 87"25'49" EAST, A DISTANCE OF 60.00 FEET ALONG THE SOUTH UNE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 (AlSO BEING THE SOUTH UNE OF SAID SEC110N 11); THENCE RUN NORTH 02'34'11" WEST, A DISTANCE OF 50.00 FEET TO A UNE THAT IS PARÞ.L1.El. TO WEST UNE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECi10N AND THE POINT OF BEGINNING; THENCE CONilNUE NORTH 02'34'11" WEST, A DISTANCE OF 80.00 FEET; THENCE RUN NORTH 8725'49" EAST, A DISTANCE OF 180.00 FEET ALONG A UNE THAT IS PARALLEL TO SAID SOUTH UNE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4: THENCE RUN SOUTH 02"34"'" EAST, A DISTANCE OF 80.00 FEET TO A UNE THAT IS 50 FEET NORTH OF AND PARAUEL TO SAID SOUTH UNE; THENCE RUN SOUTH 87"25'49" WEST, A DISTANCE OF 60.00 FEET ALONG SAID UNE; THENCE RUN NORTH 02'34"'" WEST, A DISTANCE OF 40.00 FEET; THENCE RUN SOUTH 87'25'49" WEST, A DISTANCE OF 60.00 FEET: THENCE RUN SOUlli 02"34"1" EAST. A DISTANCE OF 40.00 FEET TO SAlD UNE THAT IS 50 FEET NORlli OF AND PARALLEL TO SAID SOUlli UNE; lliENCE SOUTH 87'25'49" WEST, A DISTANCE OF 60.00 FEET ALONG SAID SOUTH UNE TO THE POINT OF BEGINNING. CONTAINING 12.000 SQ. FT., ÒR 0.28 AC. MORE OR LESS. ~ /. j-. ~A- N~ WI~~~~F;RM L.B6773) ONAl-SURVEYOR AND MAPpER Fl;ORIQA L,lCÐIŠE :NQ, ~ 4876 .lli s.1ksL~AY OF ~2004. r:«2.It: THE PARCEL BEARING, DISTANCES. ANO AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECi10N 1'. BASIS OF' BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83/90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES. INC. SURVE'I'ING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS. FlORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 Et.lAlL: SURVEYlNGOCOONER.COM CUENT: GRED.EY AND HANSEN, LLC DRAWN BY: JRF CHECKED BY: J.N.W. 'ARCEL DESCRIPTION: WELL NO. l' DATE: 8/26/04 SCALE: 1".50' REV: 10/20/04 I'EldP. CONS1RUCi1ON EASEMENT LYING IN THE SE '/4 OF lliE SW '/4 OF SECll0N l' PROJECT No: 02090' DWG No: SEC1IW-TCE(TC11) SHEET:' OF , Ag nda Item No. 100 January 11, 2005 Page 81 of 242 EXHIBIT A Page..2:L. of -::ïJ:. PROJECT '7C/(C¡2.\ PARCEL~ F OL 10 (Y'J Y \ \ ~OCXX){.p Ag nda Item No. 100 January 11,2005 _ Page 82 of 242 SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 11 IN THE SE 1/4 AND THE SW 1/4 OF SECTION 11, TWP 50 S, RGE 26 E, COWER COUNTY, FlORIDA ~ ""- i!:~ 15"" ""i!: ~15 I- ;~ is ~ IJj ~ II: e: SE 1/4 OF THE SW 1/4 FOUO NO,: 00411800006 N8T25' 4Q"E 60.00 ~ . ~~ N¡ o z P.O.B. S87'2S'49"W 60,00 ~ ~~ ~¡ PROPOSED 20' UTILI TY EASEMENT ~\ ~\ ~\ z -\j --- N8T25' 49"E 30' ROAD R!W EASEMENT PER O,R. 279/284 120.00' ~OUTH UNE OF" THE SE 1/4 Of' THE SW 1/4 KEY; R/W - RIGHT-OF-WAY F"P&L - FLORIDA PO'ÆR AND UGHT COMPANY P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT P.O.C. SE CORNER OF THE SE 1/4 OF THE SW 1/4 DFSCRIPTION: A PARCEL LYING IN THE SOUTHEAST 1/4 OF THE SOUTH'ÆST 1/4 OF" SECT10N II, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORJDA, DESCRIBED AS F"OIJ.OW: COMMENCNG AT THE SOUTH'ÆST CORNER Of" SAID SOUTHEAST 1/4 OF" THE SOUTH'ÆST 1/4. THENCE RUN NORTH 87'25'49" EAST, A DISTANCE OF 120.00 FEET ALONG THE SOUTH UNE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 (ALSO BEING THE SOUTH UNE OF" SECT10N 11); THENCE'RUN NORTH 02"34'11" 'ÆST, A DISTANCE OF" 50.00 F"EET TO A UNE THAT IS 50 FEET NORTH OF" AND PARALLEL TO SAID SOUTH UNE OF" THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 AND THE POINT OF" BEGINNING: THENCE CONT1NUE NORTH 02"34'11" WEST. A DISTANCE OF" 40.00 FEET: THENCE RUN NORTH 87'25'49" EAST, A DISTANCE OF 60.00 FEET ALONG A UNE THAT IS PARALlEL TO SAID SOUTH UNE; THENCE RUN SOUTH 02';54'11" EAST, A DISTANCE OF" 40.00 FEET TO SAID UNE THAT IS 50 FEET NORTH OF" $AID SEC110N UNE: THENCE RUN SOUTH 87'25'49" WEST. A DISTANCE Of" 60.00 FEET ALONG SAID UNE TO THE POINT OF" BEGINNING. CONTAINING 2,400 SQUARE FEET. OR 0.06 ACRES, MORE OR LESS. wm: THE PARCEl BEARING. DISTANCES, AND AREAS CALCULA 1m ARE BASED ON A f1ELD SURVEY OF SECT10N 11. BASIS OF" BEARING: STATE PLANE COORDINATE SYSTEM, A.A. EAST ZONE, '63í90. JAW N.' WIlKISoN (F"OR THE f1RM LB6773) PROF ONAL SURVEYOR AND MAPPER FLORIDA ~£ENSE NO. LS 4876 'THIS ~"t)AY OF 0 2004. n·ns IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUllE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGCCOONER.COM CUENT: GREEl£Y AND HANSEN, LLC DRAWN BY: JRF" CHECKED BY: J.N.W. PARCEL DESCRIPllON: WELL NO. 11 DAlE: 8/26/04 SCALE: 1"-30' 10/20/04 PRODUCllON WEU. Ul1UTY EASEMENT IN THE SE 1/4 AND THE SW 1/4 OF" SEC 11-50-26 PROJECT No: 020901 DWG No: SECIIW-TCE(PII SHEET: 1 OF" 1 EXH'B\T A .. P.g....1t.of ~ PROJECT ~ PARCEL ~ FOLIO mÿ.\\ 'Rty)(Y)(P TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) ----..---.---"" SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT IN THE SW 1/4 AND THE SE 1/4 OF SECTION 11, TWP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA P.O.C. (2.3) NE CORNER OF 'THE NE 1/4 OF 'THE SW 1/4 (ALSO BEING 'THE NW CORNER OF 'THE NW 1/4 OF 'THE SE 1/4) L6L12 P.O.B. (3) P.O.B. (1) IpROPOSED PRODUCTION WELL 1/ NO. 6 UTILITY EASEMENT PROPOSED TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WEll NO. 6 PROPOSED PROOUCTlON l WEll NO. 9 UTIUTY EASEMENT P.O.c. (4) SE CORNER OF THE S 1/2 OF 'THE S 1/2 OF 'THE NW 1/4 OF 'THE SW 1/4 170' SE 1/4 or ErfE'~T 'THE SW 1/4 FOLIO NO.: 00411800006 SW 1/4 OF 'THE SE 1/4 PROPOSED PRODUCTION WELL NO. 12 UTIUTY EASEMENT P.O.B. (5) PROPOSED PRODUCTION WEll NO.1 1 UTILITY EASEMENT P.O.B. (6) 3D' L32 SEE SHEET 2 OF .3 FOR UNE TABLE SEE SHEET .3 OF .3 FOR DESCRIPì10N L4 L P.O.B. (8) L 9 ~'gJl¡~ OF niE SW 1/4 OF THE SE 1/4 1m: COR. - CORNER F.P.&!.. - F1..ORIDA POWER " UGHT CO. R/W - RIGHT-or-WAY T.C.C. - 'TOU..GA TE COI.IIAERQAL CENTER O.R. - OFF1QAL RECORDS BOOK/þAGE PB - PLAT BOOK PG - PAGE PH. - PHASE P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COI.IIAENCEIAENT P.O.c. (5) SW CORNER OF 'THt SE 1/4 OF 'THE SW 1/4 P.O.C. (6) SE CORNÉR OF 'THE SE 1/4 OF niE SW 1/4 PROPOSED 20' UTIUTY EASElAENT PROPOSED TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO. 11 _~_ J~L-:____ .J N, WILKISON (FOR THE FIRM LB677.3) PR SSlONAL SURVEYOR AND MAPPER Fl IDA UCENSE JiD- 1..5 4876 THIS ~DAY O~ 2004. THIS IS NOT A SURVEY JEff" ~EY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD,. SUITE 4, FORT MYERS. FlORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNG@COONER.COM CUENT: GREEl..EY AND HANSEN, Ll.C DRAWN BY: JRF CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 8/27/04 SCALE: 1".600' REV: 10/26/04 TEMP. CONSTRUCì10N EASEMENT IN SECì10N 11-50-26 PROJECT No: 020901 DWG NO:SEC11T-AE(TC6) SHEET: 1 OF .3 Ag nda Item No. 100 January 11, 2005 Page 83 of 242 EXHIBIT A page~of~ TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) --. ----.--------------- PROJECT ~ PARCEL 1~~~ FOLIO (YJ4I\~(i)(tXO SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT IN THE SW 1/4 AND THE SE 1/4 OF SECll0N 11, TWP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA LINE TABLE LINE LENGTH BEARING L1 20.03' !':OO'49' 42"W l2 96.04' N87"5"«"F' L3 3O.C . . ,iiE L4 97.5 ' 587""1'.u. ·w· LS ¡nr ' Nnn·...o· ¡?~ L6 0.0 . SOO'¿A'¡¡'"W L7 .n ru . !':87"51 ' ·w LB 1n_0£ ' !':O?"OB' "F' L9 -c:i, ~o n ' S87~ ,,' "w L10 0_0£ . . "w L11 01 ~o n ' N . 1''''' ,"F" L12 9000' N .;,'.... ,"F' L13 -1"65.S2· N 'j,'4 ~ L14 "",n n...· . , ·w L15 1064.0B' <;:R7·0;1·... ,"w L16 'V1 nn' Nn.,-nR'1 "w L17 170.26' <;:R7'-'\II' A "W L1B "0.03' Nnn' .¡¡' "F" L19 B85.03' 587' B'47"W l20 30.05' Nnn' ""44"E l21 BB5.03' HB7 VI'4 '"F" l22 ~0.05· "01 ·49·... "W l23 5n09' NO '4Q'4 " l24 ~O.OS' NO '49'04. " l25 55.25' N8 ¡o;'Ag" l26 30.00' S02 4'11" l27 57.03' <:R7' 5' 49"W l2B 190.00' !':R7 ",' 49"W l29 50.00' N02 ·34'1,·W L30 906.44' 587'2S'49"W L31 3000' NM'~4'11o¡, L32 906.44' NR7' '49"1 L33 30.00' SO?' '11"F L34 50.09' NOD' ,'20· L3S 1349.39' S87' ¡·...o·W L36 30.00' N02·34·1,·W L37 13"1.16' NR7 5'40.. L38 'i005' <:00' '20·W L39 "0.03' "B7' '40"W L.oHJ 30.05' 587' '49·W L41 30.05' NOO' I'''O"E L42 30.05' NR7"2S' 49·F" L43 30.no;' C:oo·u "o·W SEE SHEET 3 OF' .3 F'OR DESCRIPTION ~ THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A F'IElD SURVEY OF SECTION 11. BASIS OF BEARING: STATE PlANE COORDINATE SYSTEM. FLA. EAST ZONE, '83/90. 11-IIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS. FlORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 £MAIL: SURVEYlNGCCOONER.cmA CUENT: GREELEY AND HANSEN. LlC DRAWN BY: JRF CHECKED BY: J.N.W. PARCEL DESCRIP110N: DATE: 8/27/04 SCALE: NA REV: TEMP. CONSTRUCTION EASEMENT IN SECTION 11-50-26 PROJECT No: 020901 DWO No:SECI1T-AE(TC6) SHEET: 2 OF .3 Ag nda Item NO.1 00 January 11, 2005 Page 84 of 242 EXHIBIT L Pag.~of --1!C2- PROJECT 'ì()'qz L PARCEL ~ FOLI 0 r::n 4-1 ~éY:r¥XP TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) . ______.~_~_..__.~.,____r - SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT IN THE SW 1/4 AND THE SE 1/4 OF SEC110N 11, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA DFSCRtPl1ON' A 30 F'OOT STRIPS OF LAND LYING IN THE SDUTH 1/2 OF THE SOUTH 1/2 OF' THE NORTHM:ST 1/4 OF' THE SOUtHWEST 1/4, AND, tHE NORTHEAST 1/4 OF THE SDUTH\\6T 1/4, AND, THE NORTHWEST 1/4 OF' THE SOUTHEAST 1/4, AND, THE SOUtHEAST 1/4 OF tHE SOUTHWEST 1/4, AND, THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION II, TD'M-ISHIP 50 SOUTH, RANGE 26 EAST, cqwER COUNTY, FlORIDA: (1)C()1¡jMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST 1/4 OF THE SDUTHM:ST 1/4, THENCE RUN SDO'411'42"W, A DISTANCE OF 20.03 FEET ALONG THE WEST UNE OF SAID NORTHEAST 1/4 OF THE SOUTHWEST 1/4 TO THE POINT OF' BEGINNING; THENCE RUN N8T51'44"E, A DISTANCE OF 96.04 FEET ALONG A UNE THAT is PARAUEL TO THE NORTH UNE OF SAID NORTHEAST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN S02'OB'1S"E, A DISTANCE OF 30.00 FEET; THENCE RUN S8T51'44"W, A DISTANCE OF 97.59 FEET TO SAID WEST UN£; THENCE RUN NOO'411'42"E, A DISTANCE OF 30.04 FEET TO tHE POINT OF BEGINNING. AND, (2)CONMENClNG AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE SOUTHM:ST 1/4, THENCE RUN SOO'<48'~W, A DISTANCE OF 20.03 FEET ALONG THE EAST UNE OF SAID NORTHEAST 1/4 OF' THE SOUTHWEST 1/4: THENCE RUN S87"51'44"W, A DISTANCE OF 110.00 FEET ALONG A UNE THAT IS PARALLEL TO THE NORTH UNE OF SAID NORTHEAST 1/4 OF THE SOUTHWEST 1/4 TO tHE POINT OF' BEGINNING: THENCE RUN S02'08'IS"E, A DISTANCE OF 30.00 FEET: tHENCE RUN S87"51'44"W, A DISTANCE OF 969.03 FEET ALONG A UNE THAT IS PARAlUl. TO SAID NORTH UN£; THENCE RUN ND2'08'IS"W, A DISTANCE OF' 30.00 FEET: THENCE RUN N67"51'44"E, A DISTANCE OF' 969.03 FEET ALONG A UNE THAT IS PARALLEL TO SAID NORTH UNE TO THE POINT OF' 8EGlNNING, AND, (3)COIoIIoIENClNG AT tHE NORTHWEST CORNER OF SAID NORTHWEST 1/4 OF THE SOUTHEAST 1/4, THENCE RUN SOO'-48'40"W, A DISTANCE OF 20.03 FEET ALONG THE WEST UNE OF SAID NORTH\\6T 1/4 OF THE SOUTHEAST 1/4; THENCE RUN N87"5I''''"E, A DISTANCE OF 110.00 FEET ALONG A UNE THAT IS PARAU.EL TO THE NORTH UNE OF' SAID NORTHWEST 1/4 OF' THE SOUTHEAST 1/4 TO THE POINT OF' BEGINNING: THENCE RUN N8T5I'44"E, A DISTANCE OF' 1065.62 FEET ALONG A UNE THAT is PARALLEL TO SAID NORTH UN£; THENCE RUN SOO'<48'20"W, A DISTANCE OF 30.04 FEET; THENCE RUN S8T5I'44"W, A DISTANCE OF' 1064.08 FEET ALONG A UNE THAT IS PARAU.£L TO SAID NORTH UNE: THENCE RUN N02'08'IS"W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, AND, (4)COIoIMENClNG AT THE SOUTHEAST CORNER OF' SAID SOUTH 1/2 OF' THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF' THE SOUTHWEST 1/4, THENCE RUN S8T38'47"W, A DISTANCE OF' 170.2S FEET ALONG THE SOUTH UNE OF SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORtHWEST 1/4 OF THE SOUTHWEST 1/4: THENCE RUN NOO'4I1'42"E, A DISTANCE OF 20.03 FEET ALONG THE WEST UNE OF A He-F'OOT FlORIDA POWER AND UGHT RIGHT-OF-WAY EASEMENT TO THE POINT OF BEGINNiNG; THENCE RUN S87'38'47"W, A DISTANCE OF 885.03 FEET ALONG A UNE THAT IS PARALLEL TO SAID SOUTH UNE: THENCE RUN NOO"5O'44"E, A DISTANCE OF 30.05 FEET: THENCE RUN N8T38·47"E. A DISTANCE OF 885.03 FEET ALONG A UNE THAT IS PARALLEL TO SAID SOUTH UNE TO SAID WEST RIGHT-OF-WAY EASEMENT UN£; THENCE RUN SOO'49'42"W, A DISTANCE OF' 30.05 FEET ALONG SAID UNE TO THE POINT OF' BEGINNING, AND, (S)cOMMENClNG AT THE SOUTHWEST CORNER OF SAID SOUTHEAST 1/4 OF' THE SOUTH\\6T 1/4, THENCE RUN NOO'49'42"E, A DISTANCE OF' 50.09 FEET ALONG THE WEST UNE OF' SAID SOUTHEAST 1/4 OF THE SOUTH\\6T 1/4 TO THE POINT OF' BEGINNING; tHENCE CONTINUE NOO"48' 42"E. A DISTANCE OF' 30.05 FEET ALONG SAID WEST UNE; THENCE RUN N87'25' 49"E, A DiSTANCE OF 55.25 FEET ALONG A UNE THAT IS PARALLEL TO THE SOUTH UNE OF' SAID SOUTHEAST 1/4 OF' THE SOUTHWEST 1/4; THENCE RUN SD2'34'\1"E, A DISTANCE OF' 30.00 FEET; THENCE RUN S87'2S'411"W, A DISTANCE OF' 57.03 FEET ALONG A UNE THAT IS PARAI.I.fL TO SAID SOUTH UNE TO THE POINT OF' BEGINNING, AND, (S)COMMENClNG AT THE SOUTHEAST CORNER OF SAID SOUTHEAST 1/4 OF' THE SOUTHM:ST 1/4, THENCE RUN S87'25'411"W, A DISTANCE OF 190.00 FEET ALONG THE SOUTH UNE OF' SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN N02'34'l1"W, A DISTANCE OF 50.00 FEET TO THE POINT OF' BEGINNING; THENCE RUN S87'25'49"W, A DISTANCE OF' 1106.'" FEET ALONG A UNE THAT IS PARALlEl. TO SAID SOUTH UN£; THENCE RUN N02'34'11"W, A DISTANCE OF' 30.00 FEET; THENCE RUN N87'2S'49"E, A DISTANCE OF' 906.'" FEET ALONG A UNE THAT IS PARAU.EL TO SAID SOUTH UNE: THENCE RUN S02'34'\1"£, A DISTANCE OF' 30.00 FEET TO THE POINT OF' BEGINNING, AND, (7)COMMENClNG AT THE SOUTHEAST CORNER OF' SAID SOUTHWEST 1/4 OF' THE SOUtHEAST 1/4, THENCE RUN NOO'<48'20"E, A DISTANCE OF 50.09 FEET ALONG tHE EAST LINE OF' SAID SOUtHWEST 1/4 OF' THE SOUtHEAST 1/4 TO THE POINT OF BEGINNING; THENCE RUN S8T25'48"W, A DISTANCE OF' 13411.311 FEET ALONG A UNE THAT IS PARALLEL TO THE SOUTH UNE OF' SAID SEC'11DN II; THENCE RUN ND2'34'11"W, A DISTANCE OF' 30.00 FEET; THENCE RUN N8T25'411"E, A DISTANCE OF 1351.16 FEET ALONG A UNE THAT IS PARALLEL TO SAID SOUTH UNE TO SAID EAST UNE; THENCE RUN SOO'<48'20"W, A DISTANCE OF' 3O.0S FEET ALONa SAID UNE TO THE POINT OF' BEGINNING, AND, (8)COMMENClNG AT THE SOUTHEAST CORNER OF' SAID SOUTHWEST 1/4 OF' THE SOUTHEAST 1/4, THENCE RUN S87'2S'48"W, A DISTANCE OF' 20.03 FEET ALONG THE SOUTH UNE OF SAID SOUTHWEST 1/4 OF' THE SOUTHEAST 1/4 TO THE POINT OF BEGINNING; THENCE CON'11NUE S87"2S'49"W, A DISTANCE OF 30.05 FEET ALONG SAID SOUTH UN£; THENCE RUN NOO'48'20"E, A DISTANCE OF 30.05 FEET TO THE NORTH UNE OF' A 3O-F'OOT ROAD EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 279, PAGE 284. PUBUC RECORDS OF' COWER COUNTY, FlORIDA: THENCE RUN N67'2S'49"E, A DISTANCE OF 30.0S FEET ALONG SAID NORTH EASEMENT UNE; THENCE RUN SOO'48'20"W, A DISTANCE OF' 30.05 FEET TO THE POINT OF BEGINNiNG. CONTAINING A TOTAL OF' 1SD,759 SQUARE FEET, OR 3.88 ACRES, MORE OR LESS. SEE SHEET I OF :5 FOR SKETCH 1HIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEY1NG@COONER.COM ..,.- CUENT: GREELEY AND HANSEN, u.c DRAWN BY: JRF' CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 8/27/04 SCALE: NA I REV: I TEMP. CONSTRUC1l0N EASEMENT IN SECTION 11-50-26 PROJECT No: 020901 DWG No:SEC11T-AE(TC8) .SHEET: :5 OF' :5 --~~----'-"'-""-"-'-'''-"'-'- Ag nda Item No. 100 January 11, 2005 Page 85 of 242 EXHIBIT (J.. page-JUL-of~ PROJECT ~ PARCEL ~~ F OlI 0 004 I \ "ßrYXY){¡;1 ¡, ~~ SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE SW 1/4 OF SECTION 11, TWP 50 S, RGE 26 E, COWER COUNTY, flORIDA J. NOR"TH UNE OF "THE S 1/2 OF "THE S 1/2 OF THE NW 1/4 OF THE SW 1/4 ~ N87'42'01"E 155.23' I I I I 15'-1 I FOUO NO.: 00411800006 S 1/2 Of' THE S 1/2 OF THE NW 1/4 OF "THE SW 1/4 - ~ ~ w~~ N" :!:-w ~ ¡;¡ Fill:!: OI., F ~;f; ~w~ ¡¡;¡ wi!: ~~~ I- - III~~ L5-Z ..J III~ Iœ:X: F.P.ad... - F1.ORIDA POYÆR " UGHT CO. R/W - RIGHT-OF-WAY P.o.B. - POINT OF BEGINNING P.O.C. - POINT OF COMIoIENCEMENT w r~ 8 '" ' I:'" ~ 8'" z I UTILITY EASEMENT~ 20' I 1--- - , I I II II ~P.O.B. SE CORNER OF THE S '/2 OF THE S 1/2 OF THE NW 1/4 01' THE SW 1/4 PROPOSED 170' F.P.&L EASEMENT S87'38'47"W 155.24' - ---- SOU"TH UNE OF "THE S 1/2 J OF "THE S 1/2 OF THE NW 1/4 OF THE SW 1/4 DESCRIPl1ON: A PARCEL OF LAND LYING IN THE SOU1H 1/2 OF "THE SOU"TH 1/2 OF 1HE NOR1HWEST 1/4 OF 1HE SOU1HWEST 1/4 OF SECl10N ", TOWNSHIP 50 SOU1H, RANGE 26 EAST, COWER COUNTY. FLORIDA: BEGINNING AT 1HE SOU"THEAST CORNER OF SAID SOU1H 1/2 OF "THE SOU1H 1/2 OF 1HE NùR1HWEST 1/4 OF 1HE SOU"THWEST 1/4, "THENCE RUN S87"J8'47"W, A DISTANCE Of' 155.24 FEET ALONG "THE SOU"TH UNE OF SAID SOU"TH 1/2 OF "THE SOU1H 1/2 OF 1HE NOR"THWEST 1/4 Of' "THE SOUTHI'tEST 1/4; 1HENCE RUN NOO'49'42"E, A DISTANCE OF 343.06 FEET ALONG A UNE "THAT IS PARALLEL TO "THE EAST UNE Of' SAID SOU"TH 1/2 OF "THE soum 1/2 Of' THE NORTHWEST 1/4 OF "THE SOU"THWEST 1/4; "THENCE RUN N87'42'OI"E, A DISTANCE OF 155.23 FE£T ALONG "THE NOR"TH UNE OF SAID SOU"TH 1/2 OF "THE scum 1/2 OF 1HE NOR"THWEST 1/4 OF "THE SOUTHWEST 1/4; "THENCE RUN SOO'49'4.2~W, Å DISTANCE OF 342.91 FEET ALONG SAID EAST UNE TO "THE POINT OF BEGINNING. CONTAINING - 53;163 SQUARE FEET, OR 1.22 ACRES, ....ORE OR LESS. ~~~m) FLORIDA UŒNSE NO. LS 4876 "THIS~ DAY OF .coc:4::::""2004. wm: "THE PARCEL BEARING, DISTANCES, AND AREAS CAlCULATED ARE BASED ON A FIElD SURVEY OF SEC110N 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83(90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOOATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COI.4 CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JRF CHECKED BY: J.N.W. PARCEL DESCRIPll0N: DAlE: 8/27/04 SCALE: '"-100' I REV: 10/20/04 ACCESS EASEMENT IN SECTION 11-50-26 PROJECT No: 020901 DWG NO:S£C11T-AE(AEð) I SHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 86 of 242 · . PROJECT 0()q:'j2. J PARCEL 93~ FOl 10 rflY~ I ~ {)()CO& EXHIBIT-4 pageJ,l... of ~ SKETCH AND DESCRIPTION OF A UTILITY EASEMENT IN lHE SW 1/4 AND lHE SE 1/4 OF SECllON 1" TWP 50 S. RGE 26 E, COWER COUNTY, FLORIDA P.O.B. (1) NW coRNER OF 'niE HE 1/4 OF 'niE SW 1/4 N87'!1I'44" S87'!11'44"W 20' I '¡L4S II S 1/2 OF 'niE S 1/2 .~ OF 'niE NW 1/4 OF 'niE SN 1/f¡ L48 I L44 NE 1/4 OF 'niE SN 1/4 NW 1/4 OF 'niE SE 1/4 --+ FOUO NO.: 00411800006 P.O.C. (2) SE CORNER Of" 'niE S 1/2 OF lrtE S 1/2 OF 'niE NW 1/4 OF 'niE SW 1/4 SW 1/4 OF lrtE SE 1/4 170' SE 1/4 Of" F.P.&L 'niE SW 1/4 EASEMENT I L52 L51 N8T25'4Ø"E U5:I 20' P.O.C. (3) SW CORNER Of" niE /. SE 1/4 Of" lrtE SW 1/4 JO' ROAD EASEMENT O.R. 278/2M W: COR. - CORNER F.P.1d... - flORlOA POIIER Ie UGHT CO. R/W - RIGHT-OF-WAY T.C.C. - TOU.GA 1E COUMERClAL CEN1ER PB - PLAT BOOK PG - PAGE PH. - PHASE P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COUMENCElAENT SEE SHEET 2 OF 2 FOR DESCRIPl10N Ie UNE TABLE - -- -------- JAM . WlLKISON- (Fem 'THE FIRM LB6773) PRO SSlONAL SURVEYOR AND MAPPER F'LORIDAUCENSE NO. LS 4876 'THIS '2..¡,¿Þ I>A Y OF ~ 2004. 1HIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVE'I'ING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGecOONER.COM ENT: GREEt.£Y AND HANSEN, LLC DRAWN BY: JRF CHECKED BY: J.N.W. ARCEL DESCRIP110N: DATE: 8/27/04 SCALE: 1".600' REV: 10/20/04 UT1UTY EASEMENT IN SECT10N 11-50-26 PROJECT No: 020901 DWG No:SEC11T-AE(P8) SHEET: 1 OF 2 Ag nda Item NO.1 00 January 11, 2005 Page B7 of 242 EXHIBITL pag e..u..- of ..liIS- PROJECT ~ PARCEL q ':\'9\ FOLIO ot'41 \ 'F::fYX'd.i SKETCH AND DESCRIPTION OF A TRANSMISSION JlA1N EASEMENT IN THE SW 1/4 AND THE SE 1/4 OF SECll0N 11, TWP 50 S, RGE 26 E, COLUER COUNTY, FLORIDA D[!ICRlPTION OF 2O-FOOT S'IRIPS Of LAND LYING IN 'lHE SOU'IH 1/2 Of THE SOU'IH 1/2 Of THE NOR'lHWEST 1/4 OF THE SOU1HWEST 1/4. AND, 'lHE NOR1HEAST 1/4 Of' 'lHE SOU'IHWEST 1/4. AND, 'lHE NOR'lHWEST 1/4 Of' 'lHE SOU'IHEAST 1/4. AND, 'lHE SOU'IHEAST 1/4 Of 'lHE SOU'IHWEST 1/4, AND. THE SOU'IHWEST 1/4 OF 'lHE SOU1}lEAST 1/4 OF SEClION 11. TO'-¡SHIP 50 SOU1H, RANGE 28 EAST, COWER COUNTY. FlORIDA: (1)BEQNNING AT THE NOR'lHWEST CORNER OF SAID NOR'!HEAST 1/4 OF '!HE SOU'IHYiEST 1/4. 'lHENCE RUN NB7"51'44"E, A DISTANCE Of" 255S.57 FEET A1.ONG THE NOR'IH LINES Of' SAID NOR'lHEAST 1/4 OF THE SOIJ'IHWEST 1/4 AND SAID NOR1}I\\EST 1/4 OF '!HE SOU'IHEAST 1/4: 'lHÐlCE RUN S02'DB'16"E. A DISTANCE OF 20.00 FEET: 1HENCE RUN S87'51·44"W. A DISTANCE OF 2556.61 FEET TO 1}IE WEST UHE OF SAID NOR'lHEAST 1/4 Of 'lHE SOU'!HY!£ST 1/4; 'lHENCE RUN NOO"4I1'34"E. A DISTANCE OF 20.03 FEET TO 'lHE POINT Of BEGINNING, AND. (2)COMIÆNQNG AT 'tHE SOU'!HEAST CORNER OF SAID SOU'IH 1/2 OF '!HE SOU'IH 1/2 OF 1}IE NOR'!HWEST 1/4 OF THE SOU'IHWEST 1/4, '!HENCE RUN S87'J8'47"W. A DISTANCE Of 155.24 FEET ALONG 'lHE SOU'!H UNE OF SAID SOU'IH 1/2 OF 'lHE SOU1}l 1/2 OF '!HE HOR1}IWEST 1/4 OF 1HE SOU'IHWEST 1/4 TO 'lHE POINT OF BEGINNING; 'THENCE CONlINUE S8TJ8'47"W, A DISTANCE OF 1165.27 FEET ALONG THE SOU'IH LINE OF SAID SOU'IH 1/2 OF 1}IE SOU'IH 1 /2 OF 'lHE HOR1}IYI£ST 1/4 OF '!HE SOU1}lYI£ST 1/4; 'lHENCE RUN N02"21·1n. A DISTANCE OF 20.00 FEET; 'lHENCE RUN NB7"38·47"E. A DISTANCE OF 1151.36 FEET ALONG A UHE 1}IAT IS PARAL.LEL TO SAID SOUTH LINE TO lHE WEST UNE OF A 17o-FOOT FLORIDA POWER AND UGHT RIGHT-OF-WAY EASEMENT; 'lHENCE RUN NOO'4 '34"E, A DISTANCE OF 323.04 FEET ALONG SAID RiGHT-OF-WAY EASEMENT UNE, SAID UNE RUNNING PARAU.Ð.. TO '!HE EAST UN[ OF SAID SOU1}l 1/2 OF lHE SOU'!H 1/2 OF '!HE NORTHYI£ST 1/4 Of" 1}IE SOU1}lY!£ST 1/4; '!HENCE RUN N8T42'O'"E, A DISTANCE OF 1t5.02 FEET ALONG 'lHE NORTH UNE OF SAID SOU'IH 1/2 OF 'lHE SOU'IH 1/2 OF 'lHE NOR'!HWEST 1/4 OF 'lHE SOU"THWEST 1/4; 'THENCE RUN SOo"4 ·34"W. A DISTANCE OF 343.06 FEET AlONG A UHE '!HAT is PARAU.Ð.. TO SAID EAST UNE TO THE POINT of BEGINNING. AND, (J)COIoIMENaNG AT 'tHE SOU'IHWEST CORNER OF SAID SOU'IHEAST 1/4 OF THE SOU'IHWEST 1/4, '!HENCE RUN NOO'49'34"E, A DISTANCE OF 30.05 FEET ALONG 'lHE WEST UNE OF SAID SOU'!HEAST 1/4 OF '!HE SOUTHYI£ST 1/4 TO THE POINT OF BEGINNING: 'THENCE CONlINUE NOO"49'34"E, A DISTANCE OF 20.04 FEET ALONG SAID WEST LINE; "THENCE RUN N8T25'49"E, A DISTANCE OF 2872.1111 FEET A1.ONG A UHE '!HAT IS PARAI.L.£L TO lHE SOU'IH UNES OF SAID SOUTHEAST 1/4 Of 'lHE SOU'IHY!£ST 1/4 AND SAID SOU'!HWEST 1/4 OF lHE SOU'!HEAST 1/4; 'lHENCE RUN SOO'4ð'17"W, A DISTANCE OF 50.09 FEET ALONG '!HE EAST UHE OF SAID SOU'IHWEST 1/4 OF 'lHE SOU'!HEAST 1/4 TO 'lHE SOU'IHEAST CORNER OF SAID SOUTHYI£ST 1/4 OF '!HE SOUTHEAST 1/4; 1HENCE RUN S87'25'4g"W, A DISTANCE OF 20.03 FEET ALONG THE SOU'IH UHE OF SAID SOU1HYI£ST 1/4 OF 1HE SOU'IHEAST 1/4; 1HENCE RUN NOO"4ð'I7"E. A DISTANCE OF 30.05 FEET TO THE HOR'IH UHE OF A JO-FOOT ROAD EASEJ,jENT /oS RECORDED IH OF'f'IQAL RECORDS BOOK 279, PAGE 284, PUBUC RECORDS OF COUJER COUNTY. FLORIOA; 1HENCE RUN S87'25'4g"W, A DISTANCE OF 2852.1111 FEET ALONG SAID NOR'!H EASEJ,jENT UNE TO '!HE POINT OF BEGINNING. CONTAINING A TOTAl Of' 129,3311 SQUARE FEET. OR 2.97 ACRES. MORE OR L£SS. UNE L44 L45 L46 L47 L48 L49 L50 L51 L52 L53 L54 L55 LINE TABLE LENGTH BEARING -?O nn' , " \.0'1' .,,,,,.'" ., ; ~ 4' S8' . 8', .00' N02~ I' " .' ,( 4' NOO'49'" 1 ¡ 0' , N87"" 'U~' , . rl n...· NOO'4'" 1).04' NOO'¿¡ . y." " OQ' !;OO'4j , .,.. ,n.n3· 587"21 '49" '0.05' NOO'4f ""1" wm: THE PARCEl. BEARING, DISTANCES. AND AREAS CALCULATED ARE BASED ON A FIElD SURVEY Of' SECllON I I. BASIS Of' BEARING: STATE PLANE COORDINATE SYSTEM. FlA. EAST ZONE. '83190. SEE SHEET 1 Of" 2 FOR SKETCH THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIA1ES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS. FlORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEY1NGCCOONER.COM CUENT: GR£EI..EY AND HANSEN, ll.C DRAWN BY; JRF CHECKED BY: J.N.W. PARCEL DESCRIPllON: DATE: 8/27/0.4 SCALE: NA I REV: 10/7/04 1RANSt.tISSJON EASEMENT IN SEC110N 11-50-26 PROJECT No: 020901 DWG NO:SEcttT-AE(PII) I SHEET: 2 Of' 2 Ag nda Item No. 100 January 11, 2005 Page 88 of 242 EXHIBIT A page-Æ... of ::::iK PROJECT 'lo~9 z.. L PARCEL a ~<1 FOLIO (1:?L/ I\()~ Z. SKETCH AND DESCRIPTION OF AN ACCESS EASEJlENT IN THE SW 1/4 OF THE SW 1/4 OF SEC1l0N 11, TWP 50 S, RGE 26 E, COLUER COUNTY. FLORIDA NOR11-I UNE OF 'THE S 1/2 OF niE N 1/2 OF niE S 1/2 OF \ 11-IE SW 1/4 OF 'THE SW 1/4 , /I L~ N87"30'41"E ~ N ~ ~~ 155,26 ,~¡., ;;;II)F /. 170' ~ ~ ~ F.P.&L. R/W ~ t5 t5 ~ EASEMENT ¡ ~ ¡., ~~ Ë i ~;; ~~t5~ ""'J THE S 1/2 OF THE N 1/2 OF THE S 1/2 OF THE SW 1/4 OF THE SW 1/4 FOUO NO.: 00411040002 a .... ~~ffi ~ g¡ :J ~ /ë' _ 0:: ¡:: « Ii t::: Q.::>w I~ \12 ¡-P.O.B. __, \ 1S576 S87"211 03 W P,O.C. LSOUTH UNE OF THE S 1/2 OF . . jg ~ fSW CORNER OF THE N 1/2 OF THE S 1/2 OF !i,:t" SECT10N 11 THE SW 1/4 OF THE SW 1/4 I') 8 ,z .- I - - - N8T25'49"'E 1'1181.16' '- SOUTH ~E ~CT1ON " ~ F.P,&L-FlORIDA POVtER & UGHT CO. R/W - RIGHT-Of-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT Of COMIAENCEt.lENT f- I- DESCRIPTION OF A PARCEL OF LAND LYING IN THE SOUTH 1/2 OF THE NORTH 1/2 Of' THE SOUTH 1/2 OF THE SOUTHV£ST 1/4 OF 1HE SOUTHWEST 1/4 OF SECT10N 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FlORIDA: COIAIAENClNG AT THE SOUTHWEST CORNER Of SAID SECi10N 11, THENCE RUN N87"25'49"'E, A DISTANCE OF 1,181.16 FEET ALONG THE SOU1H UNE OF SAID SECi1ON; THENCE RUN NOO'49'42"'E, A DISTANCE OF 343.06 FEET ALONG A UNE THAT RUNS PARAlLEL TO THE EAST UNE OF THE SOUTHWEST '/4 OF THE SOUTHWEST 1/4 TO THE POINT Of BEGINNING: THENCE CONTINUE NOO'49'42"'E. A DISTANCE OF 171,53 FEET ALONG A UNE THAT RUNS PARALLEL TO THE EAST UNE Of' SAID SOU11-I 1/2 OF 11-IE NOR'TH 1/2 Of niE SOU11-I 1/2 OF 'THE SOU'THWEST 1/4 OF 'THE SOU11-IWEST 1/4: 11-IENCE RUN N87'JO'41"'E, A DISTANCE Of 155.26 FEET ALOHG 'THE NOR'TH UNE OF SAID SOUTH 1/2 Of 11-IE NORTH 1/2 OF 11-IE SOUni 1/2 OF 11-IE SOU11-lWEST 1/4 OF 11-IE SOUTHWEST 1/4; THENCE RUN SOO'49'42"'W. A DISTANCE OF 171.46 FEET ALONG SAID EAST UNE; THENCE RUN S87'29'03"'W. A DISTANCE Of 155.26 FEET ALONG THE SOU11-I UNE SAID SOUTH 1/2 OF THE NOR'TH 1/2 OF 'THE SOU1H 1/2 OF 1HE SOU'THWEST 1/4 OF 11-IE SOU1HWEST 1/4, AND TO THE POINT OF BEGINNING. CONTAINING 26.581 SQUARE FEET OR 0.61 ACRES. MORE OR LESS. WU£; ~ 1HE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIElD SURVEY OF SECT10N 11. BASIS OF BEARING; STATE PLANE ¡;¡¡.- ::==~'f,1773) COORD~ATE smEU. FI.A. EAST ""' '''/90. FlORI!iA L.lŒNSE"NO.- LS 4876 THJS .....!:!'.fJAY OF ~OO4, 'l1·flS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND ~APPING 3900 COLONIAL BL W.o SUITE 4, FORT ~YERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEY1NGCCOONER.CO~ _ CUENT: GREELEY AND HANSEN. u.c DRAWN BY: JNW CHECKED BY: J.N.W. 'ARCEL DESCRIPTION: DATE: 8/3/04 SCALE: '"'.100' IREV: 10/20/04 AN ACCESS EASEIAENT IN 1HE SW 1/4 I OF 1HE SW 1/4 OF SEC 11-50-26 PROJECT No; ·02090' DWG NO;SEC11T-AE(AEI0>lSHEET: 1 OF 1 Ag nda Item No. 10D January 11, 2005 Page 89 of 242 EXHIBIT A- - Page-M-of ~ PROJECT ~ ~ARCEL q ~c¡ FOLIO ml..\ \ \040:.02- SKETCH AND DESCRIPTION OF A 15' UTILITY EASEMENT IN THE SW 1/4 OF THE SW 1/4 OF SECll0N 11, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA NOR'TH UNE Of 'THE S 1 /2 Of l1-1E N 1/2 OF l1-1E S 1/2 Of \ 'THE SW 1/4 Of THE SW 1/4 \ jl"-N8T30' ,WE J 15.02' ¡, ~N~ ~~ .......:::-UJ ~ ;;;(/ ¡!: j. ~ UJUJI:!i ~ ¡!: ¡!:.. ~ I:!i~:::- UJ~~ z_ ::J UJ t-z¡!: (/ UJ .. i'5¡!:!5:::- "-J THE S 1/2 OF THE N 1/2 OF THE S 1/2 OF THE SW 1/4 OF THE SW 1/4 FOUO NO.: 00411040002 12~ ~~ ,.... -" i 170' F.P.&L. R/W EASEMENT UJ ~~ ~~ 8- Z 1m; F.P.&L.-FlORIDA POWER &: UGHT CO. R/W - RIGHT-Of-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT P.O.B.~ L ~ 15.03' !;!. '- S8T29'03"W P.O.C. SOUTH UNE Of l1-1E S 1/2 OF ën ~ < (SW CORNER OF THE N 1/2 OF THE S 1/2 OF bO~ SECl10N 11 THE SW 1/4 OF THE SW 1/4 ;;, Z N87"25' 49"E l' 66.14' ~ /' '- SOUTH U~ ;C110N 11 ";> I-- I-- >--'---- D~CRIP"ON OF A 15-FooT S1RIP OF LAND LYING IN THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOU'TH 1/2 OF THE SOU'THWEST 1/4 Of lHE SOU'THWEST 1/4 OF SECl10N 11. TO~SHIP 50 SOU'TH, RANGE 26 EAST, COWER COUNìY, flORIDA: COMMENCING AT 'THE SOU'THWEST CORNER OF SAID SEC110N II, 'THENCE RUN N87"25'49"E. A DISTANCE OF 1,168.14 FEET ALONG 'THE SOU'TH UNE OF SAID SEC1ION: 'THENCE RUN NOO'49'42"E, A DISTANCE Of 343.07 FEET AlONG A UHE 'THAT RUNS PARAu.EL TO 'THE EAST UNE OF THE SOUTHWEST '/4 OF 'THE SOU'THWEST 1/4 TO 'THE POINT OF BEGINNING: 'THENCE CONl1NUE NOO'49'42"E. A DISTANCE OF 171.54 FEET ALONG 'THE WEST UNE OF A '70-FOOT flORIDA POWER AND UGHT RIGHT-OF-WAY EASEMENT. SAlO LINE RUNNING PARALLEL TO 'THE EAST UNE OF SAID SOU'TH 1/2 OF 'THE NOR'TH 1/2 OF 'THE SOU'TH 1/2 OF 'THE SOU'THWEST 1/4 OF 'THE SOU'THWEST '/4: THENCE RUN N87'JO'4'"E, A DISTANCE OF 15.02 FEET ALONG 'THE NOR'TH UNE OF SAID SOUTH 1/2 OF 'THE NOR'TH 1/2 OF 'THE SOU'TH 1/2 OF 'THE SOU'THWEST 1/4 OF 'THE SOU'THWEST 1/4; 'THENCE RUN SOO'49'42"W, A DISTANCE OF 171.53 FEET ALONG A UNE RUNNING PARAllEL TO SAID EAST UNE; 'THENCE RUN S8T29'03"W, A OISTANCE OF 15.03 FEET ALONG 'THE SOUTH UNE SAID SOUTH 1/2 OF 'THE NORTH 1/2 OF 'THE SOUTH 1/2 OF THE SOU'THWEST 1/4 OF 'THE SOUTHWEST 1/4. ANO TO THE POINT OF BEGINNING. CONTAINING 2,573 SQUARE FEET OR 0.06 ACRES. MORE OR LESS. tiQIE¡ ~ 'THE PARCEL BEARING. DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECl10N 11. BASIS OF BEARING: STAlE PLANE ï~Š" 'o~i~ïJi,ñ;r~,) coœtMN.,. ".,.,.. "'- EAST Z~E. '''/'' FLORIDA LICENSE !'I~ _I.§ 4876 'THIS ~DAY OF'JU:F 2004. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONiAl BLVD.. SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEY1NGOCOONER.COM WENT: GREELEY AND HANSEN, u.c DRAYtN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 8/3/04 SCALE: 1".100' I REV: 10/20/04 15' Ul1UìY EASEMENT IN THE SW 1/4 OF THE SW lì4 OF SEe 11-50-26 PROJECT No: 020901 DWG No:SEC11T-AE(P10) .SHEET: 1 OF I Ag nda Item No.1 00 January 11 , 2005 Page 90 of 242 EXHIBIT A page..!ÑL. of :îJi5::. . PROJECT ~ PARCEL <¡(Yo . FOLIO c.t:J41 \ 'l:lrxx;1) SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE SW 1/4 OF lHE SW 1/4 OF SECllON ", TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA NORTH UNE Of' THE N 1/2 OF THE N 1/2 OF THE S 1/2 OF THE SW 1/4 OF THE SW 1/4 ~N~ ~~w Zlllï= wWI!¡ jEï=... I!¡I!¡~ w~~ z_ :Jz~ §~I!¡~ THE N 1/2 OF THE N 1/2 OF THE S 1/2 OF THE SW 1/4 OF THE SW 1/4 FOUO NO,: W: 00411720005 F.P.c!d..-FLORlDA POWER &: UGHT CO. R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT 170' F.P.&L. R/W t¡ EASEMENT E t ~~ ~i o """ UJ Z ¡g~~ . 2s:J~ Q:Fc( o..:JUJ \{ P.O.C. SOUTH UNE OF THE N 1/2 OF _ _ ti ~ :z;.gW S8T30 41 W +SW CORNER OF THE N 1/2 OF THE S 1/2 OF ..~. SECTION 11 THE SW 1/4 OF THE SW 1/4 --: - - N87'25'49'E'¡ 1181.16' '- SOUTH UNE SECllON 11 DESCRIPTION OF A PARCEL OF LAND LYING IN THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHM:ST 1/4 OF THE SOUTHM:ST 1/4 OF SECTION 1" TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION II, THENCE RUN N87'25'49'E, A DISTANCE OF 1,181.16 FEET ALONG THE SOUTH UNE OF SAID SECTION; THENCE RUN NOO'49'42'E, A DISTANCE OF 514.59 FEET ALONG A UNE THAT RUNS PARAlLEL TO THE EAST UNE OF THE SOUTHM:ST 1/4 OF THE SOUTHWEST 1/4 TO THE POINT OF BEGINNING; THENCE CONllNUE NOO'49'42'E, A DISTANCE OF 171.53 FEET ALONG A UNE THAT RUNS PARAU..EI. TO THE EAST UNE OF SAID NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4: THENCE RUN N87'32'18'E, A DISTANCE OF 155.26 FEET ALONG THE NORTH UNE OF SAID NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHM:ST 1/4 OF THE SOUTHWEST 1/4: THENCE RUN SOO'4Q'42'W, A DISTANCE OF 171.45 FEET ALONG SAID EAST UNE; THENCE RUN S87'30'41'W, A DISTANCE Of' 155.26 FEET ALONG THE SOUTH UNE SAID NORTH 1/2 Of' THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, AND TO THE POINT Of' BEGINNING. CONTAINING 26,581 SQUARE FEET OR 0.61 ACRES, '"'ORE OR LESS. ;¡"'~~~R~Ë"Ft~ï:i LB6773) PRmON'M}l SURVEYOR AND MAPPER FLORIDA,,!:!~SE NQ.. 1.5 4876 THIS ~vAY OFv....5:::t:: 2004. tiQIE: THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECllON 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEt.I, FLA. EAST ZONE, '83/90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD.. SUITE 4, FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX; (239)277-7179 ÐAAlL.: SURVEYlNGCCOONER.COM CUENT: GREELEY AND HANSEN. LLC DRAWN BY: JNW CHECKED BY: J.N.W. ::OARCEI.. DESCRIPTION: DATE: 8/3/04 SCALE: 1'.100' REV: 10/20/ AN ACCESS EASEMENT IN THE SW 1/4 OF 1HE SW 1 4 OF SEC 11-50-26 PRo.£CT No: 020901 DWG NO:SEC11T-AE(AE9) SHEET: 1 OF 1 "----,._"<- Ag nda Item No.1 00 January 11, 2005 Page 91 of 242 EXHIBIT It '- page..!l4- of -:1Jij2 PROJECT ~~~ z. \ PARCEL FOLIO rY?4-1 \ '1;tavS"" SKETCH AND DESCRIPTION OF A 15' UTILITY EASEJlENT IN lHE SW 1/4 OF lHE SW 1/4 OF SECllON 11, TWP 50 S, RGE 26 E, COWER COUNTY, flORIDA ¡, ~ ~ ~~ ",,,,VI '~1lJ ;III¡!: t. t:: ...~~ :~ ¡!:F... ~ ~~~ 8 ...~~ z ~... ....z~ 3~~~ '-.J NOR"!H UNE OF "!HE N 1/2 OF "!HE N 1/2 OF THE S 1/2 OF ~ THE SW '/4 OF "!HE SW '/4 , r-N87'32'1s-E J lð.02' 170' F.P.&L. R/W ~,. EASEMENT 5i ~ THE N 1/2 OF THE N 1/2 OF THE S 1/2 t OF THE SW 1/4 OF THE SW 1/4 .... tI "If:: FOUO NO.: 2 .. m:: 00411720005 ~ F.P.&L-F\.ORIt>A PO'I\ER & LIGHT CO. R/W - RIGHT-OF-WAY -.... P.O.B.-POINT OF BEGINNING P.O.B. .......... P.O.C.-POINT Of' COMMENCEMENT L I'" f' 1ð.0J' .~;.. "-587"30'41"W P 0 C SOU"!H UNE Of' THE N 1/2 OF '" <Q (iSW'cORNER OF "!HE N 1/2 OF THE S '/2 Of' 8:c-~ .~ SEC"I1ON 11 "!HE SW '/4 OF THE SW 1/4 .. z NB7'2S'49'E 1166.14' -'- - - - I '-SOUTH LINE SEC"I10N 11 L- DESCRIP"I10N Of' A 1S-FOOT STRIP OF LANt> LYING IN THE NORTH 1/2 OF '!\iE NOR'!\i 1/2 OF THE SOUTH 1/2 OF THE SOU'!\iWEST 1/4 OF THE SOUTH'l\EST 1/4 Of' SEC"I10N 11. TOWNSHIP SO SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA: CO......ENClNG AT THE SOUltIWEST CORNER OF SAID SECTION 1" ltIENCE RUN N87'2S'49'E, A DISTANCE OF 1,166.14 FEET ALONG THE SOUTH LINE OF SAlt> SEC"I10N: THENCE RUN NOO'49'42'E, A DISTANCE OF 514.61 FEET ALONG A UNE '!HAT RUNS PARALLEL TO ltIE EAST UNEOF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4"ÎO THE POINT Of' BEGINNING; '!\iENŒ CON"I1NUE NOO'49'42"E, A DISTANCE OF 171.53 FEET ALONG THE WEST UNE OF A 170-FOOT FLORIt>A POWER AND UGHT RIGHT-OF-WAY E~E"'ENT, SAID UNE RUNNING PARALLEL TO "!HE EAST LINE Of' SAID NORTH 1/2 Of' 'THE NORTH 1/2 OF '!\iE SOUTH'1/2 Of' THE SOUTH'l\EST 1/4 OF THE SOUlHWEST 1/4; '!\iENCf RUN N87'32'18'E, A t>ISTANCE OF 15.02 FEET ALONG lHE NORlH LINE OF SAID NORTH 1/2 Of' THE NORTH 1/2 OF 'THE SOUTH 1/2 OF 'THE SOUTHWEST 1/4 OF 'THE SOUTH'l\EST 1/4: THENCE RUN SOO'49'42'W, A DISTANCE OF 171.53 FEET ALONG A UNE RUNNING PARALLEL TO SAID E"ST UNE; THENCE RUN SB7'30'41'W, A DISTANCE OF 15.03 FEET ALONG THE SOUlH LINE SAIO NORlH 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, AND TO THE POINT OF BEGINNING, CONTAINING 2,573 SQUARE FEET OR 0.06 ACRES, "'ORE OR LESS. ___~. ___~d~___;, J~ N. v.lLK15.ON:- (FOR THE FIRM LB6773) , PRO SSlONAL SURVEYOR AND MAPPER FLOR~~ UÇj:N~ N~ \.L4876 '!1-IIS :::..t,drJA'f OF' ~ 2004. ttQJI; lHE PARCEL BEARING, DISTANCES, ANt> AREAS CALCULATED ARE BASED ON A FIELD SURVEY Of' SEC"I10N 1,. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. E"ST ZONE. '8.3/90. 'THIS IS NOT A SURVEY ~EY C. COONER AND ASSOCIA lES, INC. SUR'Æ'tlNG AND MAPPING 3900 COLONIAL BLVD" SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 DtAIL: SUR\lEYlNGGiCOONER.COM CLIENT: GREELEY AND HANSEN, LLC DRA~ BY: JNW CHECKED BY: J.N.W. PARCEl.. DESCRIPllON: DATE: 8/3/04 SCALE: 1'-100' lREV: 10/20/04 15' U"I1LITY EASEMENT IN THE SW 1/4 OF "!HE SW 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWG No;SEC1IT-AE(P9)ISHEET: I OF 1 Ag nda Item No.1 00 January 11. 2005 Page 92 of 242 EXHIBIT 4 Page-u"of ~ PROJECT ~o<Ò9 2. L PARCEl Öt.t } FOLIO G?I.{ IlayxY'() SKETCH AND DESCRIPTION OF AN ACCESS EASEJlENT IN THE SW 1/4 OF" THE SW 1/4 OF SECTION 11, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA NOR11i LINE OF 11iE S 1/2 OF, j 11iE N 1/2 Of 11iE SW 1/4 Of 11iE SW 1/4 N87'35'32-E I 100.":;¡ 170' I F.P.&L. R/W EASEMENT Q ... h .... z j ¡g~~ ~::;¡"¡ I 0::1=< 0..::>.... .. ~::!:. ;; ~ s.; ~ ~ :~ /1¡ iEiE'Of' !515~ ....~~ z_ ~z~ ~~15 "-J t~ I~ J. S 1/2 OF THE N 1/2 OF SW 1/4 OF THE SW 1/4 FOUO NO.: 00411000000 . W: F'.P.&L-FLORIDA PO~ " UGHT CO. R/W - RIGHT-Of-WAY P.O.B.-POINT OF' BEGINNING P.O.C.-POINT Of COMMENCEMENT SOU11i UNE OF 11iE S 1/2 OF ('!HE N 1/2 OF '!HE SW 1/4 OF 11iE SW 1/4 I í P.O.B. II 155.26' S8T32'18"W .... " N~ -< i8) IØ~ --:;;- '- SOU11i UNE SECTION II P.O.c. I (~C~~N~ OF --r- - N87'2S'49-E 1,18,.,6' DESCRIPTION OF A PARCEl OF LAND LYING IN 11iE SOUTH 1/2 OF '!HE NORlH 1/2 OF THE SOU'!HWEST 1/4 OF' '!HE SOUTHWEST 1/" OF SEC1l0N II, TOWNSHIP 50 SOU'!H, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT THE SOU'!HWEST CORNER OF SAID SECTION II, '!HENCE RUN N87'25'49-E, A DISTANCE OF 1,181.16 FEET ALONG '!HE SOUTH UNE OF SAID SECTION; '!HENCE RUN NOO'49'42"E, A DISTANCE OF 666.12 FEET ALONG A UNE THAT RUNS PARAU.EI. TO THE EAST UNE OF '!HE SOU'!HWEST 1/4 OF '!HE SOUTHWEST 1/4 TO THE POINT OF BEGINNING; THENCE CONllNUE NOO'49'42"E, A DISTANCE OF 343.06 FEET ALONG A UNE '!HAT RUNS PARALLEL TO lHE EAST UNE OF' SAID SOUTH 1/2 OF THE NORTH 1/2 OF' '!HE SOU'!HWEST 1/4 OF THE SOU'!HWEST 1/4; 1HENCE RUN N8T35'32-E, A DISTANCE OF' 155.25 FEET ALONG THE NOR1H UNE OF SAID SOUTH 1/2 OF 1HE NORTH 1/2 OF THE SOU'!HWEST 1/4 OF THE SOUTHWEST 1/4; '!HENCE RUN SOO'49'42-W, A DISTANCE OF 342.91 FEET ALONG SAID EAST UNE: lHENCE RUN S87'J2'18-W, A DISTANCE OF 155.26 FEET ALONG THE SOUTH UNE SAID SOUTH 1/2 OF' '!HE NORTH 1/2 OF THE SOUTHWEST 1/4 OF' 1HE SOUTHWEST 1/4, AND TO THE POINT OF BEGINNING. i" r- CONTAINING 53.163 SQUARE FEET OR 1.22 ACRES, MORE OR LESS. JA~~~oi~~;-;,~; L86773) PR~J:t~~VEYOR ANO MAPPER FL~~CENSE NOht,S 4876 THI ;DAY Of' ~ 2004. ~ THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIElD SURVEY OF SECTJON II, BASIS OF' BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83/90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM ""I...CUENT: GREELEY AND HANSEN, LiC DRAWN BY: ..INW CHECKED BY: ..I.N.W. \RCEL DESCRIP110N: DATE: 8/3/04 SCALE: 1-.100' . REV: 10/20/04 .N ACCESS EASEl.tENT IN THE SW 1/4 I OF THE SW 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWG No:SEC11T-A£(AE8) I SHEET: 1 OF' 1 ----.--- Ag nda Item No.1 00 January 11, 2005 Page 93 of 242 EXHIBIT IJ page~Of~ . PROJECT ~(J9., q 2.. \ PARCEl q4 \ FOL 10 004-\ \(XY'YYT") SKETCH AND DESCRIPTION OF A 15' UTILITY EASEMENT IN THE SW 1/4 OF THE SW 1/4 OF SECTION 11, 1WP 50 S, RGE 26 E, CQLUER COUNTY, FLORIDA NORTIi UNE Of 'THE S 1/2 Of j 'THE N 1/2 Of 'THE SW 1/4 Of 'THE SW 1/4 M8T35'32"E 15.02' 170' F.P.&L R/W EASEMENT S 1/2 OF THE N 1/2 OF SW 1/4 OF THE SW 1/4 FOUO NO,: 00411000000 .~ 8~ ~) ~ w IS.::!:.. ~ ~- '" -~ :t' en 1/1 8 wW z ¡; ¡!:. 1515~ w~~ z ....(1) ::¡-w ....z¡!: ~~15 "-J w . N' ·B ò). ~~ z ~: f.P.c!d..-FlORlDA POWER ok UGHT co. R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O. C.-POINT OF COMMENCEMENT SOUTIi UNE OF TIiE S 1/2 Of TIiE N 1/2 OF TIiE SW 1/4 Of TIiE SW 1/4 P.O.B. 15.02' S8T32'18"W 1166.14' w N. ~. 01- :t'¡8 80) z P.O.C. -{ SW CORNER OF SECTION 11 --- N87'25' 49"E V' '-- SOUTIi UNE SECTION 11 DFSCRIPTlON OF A H)-FOOT SlRlP OF LAND LYING IN TIiE SOUTIi 1/2 OF TIiE NORTIi 1/2 OF TIiE SOUTIiYÆ:ST 1/4 OF 'THE SOUTIiWEST 1/4 Of SECTION 1" TO'M'lSHIP 50 SOU TIi , RANGE 26 EAST, COWER COUNTY, flORIDA: COMMENCtNG AT TIiE SOUTIiWEST CORNER OF SAID SECTION 11, 'THENCE RUN N87"25'49"E, A DISTANCE OF 1,166.14 FEET ALONG TIiE SOUTIi UNE OF SAID SECTION: TIiENCE RUN NOO'49'42-E, A DISTANCE Of 686.14 FEET ALONG A UNE TIiAT RUNS PARAU.EL TO TIiE EAST UNE OF TIiE SOUTIiYÆ:ST 1/4 Of TIiE SOU'THYÆ:ST 1/4 TO TIiE POINT OF BEGINNING: TIiENCE CONTINUE Noo'49'42"E, A DISTANCE OF 343.07 FEET ALONG TIiE WEST UNE Of A 17o-FOOT flORIDA POWER AND UGHT RIGHT-OF-WAY EASEMENT, SAID UNE RUNNING PARALLEL TO TIiE EAST UNE Of SAID SOU'TH 1/2 OF TIiE NORTIi 1/2 OF 'THE SOUTIi'IfEST 1/4 Of TIiE SOUTIiYt£ST 1/4; 'THENCE RUN N87'35'32"E, A DISTANCE OF 15.02 FEET ALONG TIiE NORTIi UNE OF SAID SOUTIi 1/2 OF TIiE NORTIi 1/2 Of 'THE SOUTIiYÆ:ST 1/4 OF TIiE SOUTIiYÆ:ST 1/4; TIiENCE RUN SOO'49'42"W, A DISTANCE OF 343.06 FEET ALONG A UNE RUNNING PARALlEL TO SAID EAST UNE; TIiENCE RUN S87'32'18"W, A DISTANCE OF 15.02 FEET ALONG TIiE SOU'TH UNE SAID SOU'TH 1/2 OF TIiE NORTIi 1/2 OF 'THE SOUTIiYÆ:ST 1/4 OF 'THE SOUTIiYÆ:ST 1/4, AND TO 'THE POINT OF BEGINNING. CONTAINING. 5,146 SQUARE FEET OR 0.12 ACRES, MORE OR LESS. ~ 'THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECTION 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83(90. THIS IS NOT A SURVEY \JtFfREY C. COONER AND ASSOCIA lES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPllON: DATE: 8/3/04 SCAlE: 1"·100' REV: 10/20/04 15' UTlUTY EASEMENT IN 'THE SW 1/4 OF TIiE SW 1 4 Of SEC 11-50-26 PROJECT No: 020901 DWG No:SEC11T-AE(P8) SHEET: 1 OF 1 ~u--- N. WILKISON (FOR 'THE FIRM L.B6773) PR IONAL SUR'ÆYOR AND t.AAPPER Fl RI~ LJÇENSE N~ l.S 4876 TIiIS ~AY OF ~ 2004. Ag nda Item No. 100 January 11, 2005 Page 94 of 242 .-; EXHIBIT A. page$-Of Ë PROJECT ~()1.q Z I PARCEL 'lLf~ FOLIO roLfI' hr'lrYY)\ TEMPORARY CONSTRUCTION EASEMENT (DURA TION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCT1ON) -----" ,.----------- SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION "ELL NO. 10 IN 1HE SW 1/4 OF 1HE SW 1/4 OF SECll0N ", TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA ~ F.P.&L..-R..ORIDA POWER &: UGHT C . R/W - RIGHT-OF-WAY P.O.C. - POINT OF COMt.4ENCMENT P.O.B. - POINT OF BEGINNING N 1/2 OF 1HE N 1/2 OF TIiE SW 1/4 OF TIiE SW 1/4 NBT35'32"E FOLIO NO.: 100.16' 00411520001 DESCRIP110N: ~ ~ ,. ~ ~l;¡ f1I8 F,P,&L R/W EASEMENT 170' 0>->- .....I-z (/):::1..... O¡:::::E a.:::>..... o (/) cr'in< 0._..... P.O.C.-SE CORNER OF 11-IE N 1/2 OF 11-IE N 1/2 OF THE SW 1/4 OF THE SW 1/4 ~ S87'3S':52'W .,j, 210.33' :5 W P.O.B. J SOU1H LINE OF 1HE N '/2 OF 1HE N 1/2 OF 1l-IE SW 1/4 OF 1l-IE SW 1/4 /l~ L&.. 0... ('I' J'I ,.... ~ ....:3= . z(/ ~ g UJUJ Z FF L&..L&.. 0°... UJ~::::- Z.... :::ï 3= ¡....Z(/ (/ UJUJ ~FF A PARCEL LYING IN THE NOR1H 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOU11-lWEST 1/4 OF SECTION ", TOWNSHIP 50 SOU11-I, RANGE 26 EAST, COLUER COUNTY, FLORIDA. DESCRIBED AS FOLLOW: COt.4t.4ENClNG AT THE SOUTHEAST CORNER OF SAID NORTH 1/2 OF 11-IE NOR11-I 1/2 OF THE SOU11-IWEST 1/4 OF 11-IE SOUTHWEST 1/4, 11-IENCE RUN SOUTH 87'35'32" WEST, A DISTANCE OF 210.33 FEET ALONG 11-IE SOUTH UNE OF SAID NORTH 1/2 OF THE NORTH 1/2 OF THE SOU11-lWEST 1/4 OF THE SOUTHWEST 1/4 TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 8735'32' WEST, A DISTANCE OF 60.10 FEET ALONG SAID SOU11-l UNE: 'THENCE RUN NOR1H 00'49'42" EAST, A DISTANCE OF 180.29 FEET ALONG A UNE 'THAT IS PARALLEL TO THE EAST UNE OF SAID NOR11-I 1/2 OF THE NORTH 1/2 OF 11-IE SOUTHWEST 1/4 OF 'THE SOU'THWEST 1/4; 11-IENCE RUN NORTH 87'35'32' EAST, A DISTANCE OF 100.16 FEET ALONG A UNE 'THAT IS PARAIl.EL TO SAID SOUTH UNE; 11-IENCE RUN SOUTH 00'49'42" WEST, A DISTANCE OF 130.21 FEET ALONG THE WEST UNE OF A 170-FOOT FLORIDA POWER AND UGHT RIGHT-OF-WAY EASEMENT. SAID UNE RUNNING PARAlLEL TO SAID EAST UNE; THENCE RUN SOUTH 8735'32" WEST, A DISTANCE OF 40.06 FEET ALONG A UNE THAT IS PARALLEL TO SAID SOU11-l UNE; 11-IENCE RUN SOUTH 00'49'42" WEST, A DISTANCE OF 50.08 FEET ALONG A UNE 11-IAT IS PARALLEL TO SAID EAST UNE, AND TO 11-IE POINT OF BEGINNING. IaJ ~ ~ 8 Z CONTAINING 16;026 Sq. Ft., OR 0.37 Ac. MORE OR LESS. ~'A~/JN~~~~E~lR~ LB677J) PR~ONAL SURVEYOR AND MAPPER FLORIDA UCENSE NO. _LS ,4876 THIS ?.3d./xJAY OF ~004. tJQIE; '!HE PARCEL BEARING. DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECTION 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM. FLA. EAST ZONE. '83/90. 11-IIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD" SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL.: SURVEYlNGCCOONER.COM CUENT: GREElEY AND HANSEN. LLC DRAWN BY: JNM CHECKED BY: J.N.W. 'ARCEL DESCRlP110N: WEU. NO. 10 DATE: 8/17/04 SCALE: 1'.60' REV: 10/20/04 ,£MP. CONS1RUC'!1ON EASEMENT IN 1HE SW 1 4 OF THE SW 1 4 OF SEC 11-50-26 PROJECT No: 020901 WG NO:sEC11W-TŒ(TC10 SHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 95 of 242 EXHIBIT Il. Page -1L of -::J1i:;1 PROJECT ~O~c, Z.I PARCEL q4-).... FOLIO C041\ 5d.{XY)\ SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 10 IN THE SW 1/4 OF THE SW 1/4 OF SECTION 11, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA ~: F.P.&d...-FlORIDA POWER de UGHT CO. R/W - RIGHT-OF-WAY P.O.C. - POINT OF COMMENCMENT P.O.B. - POINT OF BEGINNING N 1/2 OF THE N 1/2 OF THE SW 1/4 OF THE SW 1/4 FOLIO NO.: 00411520001 0>- I- La.J t: z Vl-'w o ¡::: J¡ c.. ::;)w o en o::Û")< c.. _w u.. u..0 0..,. <"I' ,.... ....~ z(/) wlIJ ¡;i:E u..u.. 0°..... w<"l' z'.... :J....~ t-Z(/) (/)lIJW L5¡;:¡;: N87'3S'32"E 40.06' W . <"I ..,. 'ë,) ..,. b o z io o g lIJ . <"I ..,. ÒI ~ 8 Z WELL SITE NO. 10 170' ÌIO o Ó It) 170.27' 40.06' S87"3S'32"W P.O.B. SOUTH LINE OF THE N 1/2 OF ~O'gÔRNER OF "!HE N 1/2 THE N 1/2 OF THE SW 1/4 OF OF "!HE N 1/2 OF "!HE SW DESCRIPTION: THE SW 1/4 1/4 OF "!HE SW 1/4 A PARCEl LYING IN THE NORiH 1/2 OF iHE NOR"!H 1/2 OF iHE SOUiHWEST 1/4 OF iHE SOUiHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUiH. RANGE 26 EAST, COWER COUNiY, FlORIDA, DESCRIBED AS FOLLOW: COMMENCING AT iHE SOUTHEAST CORNER OF SAID NORiH 1/2 OF" iHE NORiH 1/2 OF iHE SOUiHWEST 1/4 OF" iHE SOUiHWEST 1/4, iHENCE RUN SOU"!H 87'35'32" WEST, A DISTANCE OF 170.27 FEET ALONG "!HE SOU"!H UNE OF SAID NORTH 1/2 OF THE NORiH 1/2 OF THE SOU"!HWEST 1/4 OF" iHE SOUiHWEST 1/4 TO THE POINT OF" BEGINNING; iHENCE CONTINUE SOUTH 67'35'.32" WEST, A DISTANCE OF 40.06 FEET ALONG SAID SOU"!H UNE: THENCE RUN NORTH 00'49'42" EAST, A DISTANCE OF" 50.08 FEET ALONG A UNE iHAT IS PARALlEl TO 'I1iE EAST UNE OF SAID NORiH 1/2 OF 'I1iE NORTH 1/2 OF iHE SOUTHWEST 1/4 OF "!HE SOU"!HWEST 1/4: iHENCE RUN NOR'I1i 87'.35'.32" EAST, A DISTANCE OF 40.06 FEET ALONG A UNE iHAT IS PARAlLEl TO SAID SOUiH UNE: THENCE RUN SOUTH 00'49'42" WEST, A DISTANCE OF 50.08 FEET ALONG tHE WEST UNE OF A 170-FOOT FlORIDA POWER AND UGHT RIGHT-OF-WAY EASEIoIENT, SAID UNE RUNNING PARAU.EL TO SAID EAST UNE AND TO 'I1iE POINT OF BEGINNING. CONTAINING 2,006 Sq. Ft., OR 0.05 Ac. MORE OR LESS. - ~-:)..J~ _""__ ~d..k:______ - JÂMÈ . ; 'iI'ILKISåN (FOR iHE FlRM LB677.3) PRO ONAL SURVEYOR AND MAPPER FlORIQ!. \4CENSE -NO.-:LS 4876 THIS {idL':DA Y or....2.s::±;"' 2004. ~ "!HE PARCEL BEARING, DISTANCES. AND AREAS CALCULATED ARE BASED ON A FlELD SURVEY OF SECTION 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE. '83/90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BL YD., SUllE 4, FORT MYERS, FLORIDA 33912 PHONE: (2:59)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGCCOONER.COM CUENT: GREElEY AND HANSEN. LLC DRAWN BY; JNM CHECKED BY: J.N.W. PARCEL DESCRIPlION: WElL NO. 10 DAlE: 8/17/04 SCALE: '"-20' REV: 10/20/04 PRODUCTION WElL UTlUìY EASEMENT IN iH SW 1/4 OF tHE SW 1/4 OF" SEC 11-50-26 PROJECT No: 020901 DWG NO:SEC11W-TCE(P10 SHEET: 1 OF 1 Ag nda Item No.1 00 January 11, 2005 Page 96 of 242 EXHIBIT ~.. Page~of ~ PROJECT ....JQîa.zL PARCEL 'f<::Lf?> FOLIO mt.ll ( r)¥Yt') I SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE SW 1/4 OF THE SW 1/4 OF' SEC1l0N 11, TWP 50 S, RGE 26 E. COLLIER COUNTY. flORIDA NOR11-I UHE OF 11-IE N 1/2 OF' 'THE N 1/2 OF 'THE SW 1/4 Of 'THE SW 1/4 170' F'.P.&L. R/W EASEMENT . " 155.24 N 1/2 OF THE N 1/2 OF SW 1/4 OF THE SW 1/4 FOUO NO,: 00411520001 'L ') 8 ~ ;... ....... i; ~~ ~ ~~... l5 ;~ ..,~~ z_ :::J .., ...Z¡E ~~i5 '-.J m: F'.P.&L-F1.0RIDA POWER ok UGHT co. R/W - RIGHT-OF'-WAY P.O.B.-POINT OF' BEGINNING P.O.C.-POINT OF' COMMENCEMENT c ... w Z ¡g~~ ¡S:JIX a::¡:::< P.O.B. SOU'TH UNE OF' 'THE N 1/2 OF 'THE N 1/2 OF' 'THE SW 1/4 Of 'THE SW 1/4 155.25' ~ S87"35'32"W I(~~¡f 0' _ _ ~ ¡.¡ --r-- NB7"2S'49"E .¡ 11B1.16' '-- SOU'TH UNE SECTION 11 DESCRIPTION OF A PARCEL OF' LAND LYING IN 'THE NOR'TH 1/2 OF 'THE NOR'TH 1/2 OF 'THE SOU'THWEST 1/4 OF 'THE SOU'THWEST 1/4 OF SECTION 11, TO\mSHIP SO SOO1H, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT 1HE SOU1HWEST CORNER OF' SAID SECTION ", 'THENC£ RUN N87"2S'49"E, A DISTANCE OF' 1,181.16 FEET ALONG 1HE SOU1H UNE OF' SAID SECTION; 1HENCE RUN NOO'49'42"E, A DISTANCE Of 102B.18 FEET ALONG A UNE 1HAT RUNS PARALLEL TO 1HE EAST UNE OF 1HE SOU1HWEST 1/4 OF' 1HE SOU1HWEST 1/4 TO 1HE POINT OF' BEGINNING; 11-IENCE CONTINUE NOO'49'42'E, A DISTANCE OF' 343.06 FEET ALONG A UNE 1HAT RUNS PARALI..EL TO 1HE EAST UNE OF SAID NOR'TH 1/2 OF 1HE NOR1H 1/2 OF 1HE SOU1HWEST 1/4 OF 1HE SOU'THWEST 1/4; 1HENCE RUN N87·38'47"E. A DISTANCE OF 155.24 FEET ALONG 'THE HOR'TH UHE Of SAID NOR1H 1/2 OF' 'THE NOR1H 1/2 OF 1HE SOU'THWEST 1/4 OF 1HE SOU'THWEST 1/4; TliEHCE RUN SOO'49'42'W, A DISTANCE OF 342.91 FEET ALONG SAID EAST UNE; THENCE RUN SB7'3S'32·W. A DISTANCE Of IS5.25 FEET ALONG 1HE SOO1H UNE SAID NOR1H 1/2 OF 1HE NOR'TH 1/2 OF 1HE SOU1HWEST 1/4 OF 1HE SOU1HWEST 1/4, AND TO 'THE POINT OF BEGINNING. CONTAINING SJ,H53 SQUARE FEET OR 1.22 ACRES. MORE OR LESS. ~t~ _ ---- ~ -------- JAME . 'MI,.KISON (FOR 1HE FIRM La6773) PR SSl0!'4AL SURVEYOR AND MAPPER FLORIDA UCENSE NQ. µ¡ 4876 1HIS ~' )AY OF'~ 2004. wm:. 'THE PARCEL BEARING, DISTANC£S. AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECTION 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE. '83/90. 1HIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS. FlORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAll: SURVEYlNGOCOONER.COM ENT: GREELEY AND HANSEN. LLC DRAWN BY: JNW CHECKED BY: J.N.W. ARCEL OESCRIP110N: DATE: 8/3/04 SCALE: 1'.100' REV: 10/20/04 AN ACCESS EASEMENT IN 1HE SW 1/4 OF 1HE SW 1 4 OF' SEC 11-50-26 PROJECT No: 020901 OWG NO:SEC11T-AE(AE7) SHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 97 of 242 EXHIBIT-A.- page-p-of~ PROJECT ~ PARCEL 94~ FOLIO ro4l \t;dCXi') SKETCH AND DESCRIPTION OF Å 15' UTILITY EASEMENT IN TIiE SW 1/4 OF 1HE SW 1/4 OF SECTION 11, TWP 50 S, RGE 26 E, COWER COUNTY, FI ORIDA t, ~ I~ Ò> ~ t z NOR"TH UNE Of" THE N 1/2 Of" ~ THE N 1/2 Of" "THE SW 1/4 OF "THE SW 1/4 r\ N87"38' 4rE 1"'-.::- 15.02' 170' F.P.&L. R/W EASEMENT N 1/2 OF TIiE N 1/2 OF SW 1/4 OF 1HE SW 1/4 FOUO NO.: 00411520001 ~ " N 8:t ~~ ~ 15. N' ,- -~ Zlll wlJl FF.... 1515~ w~ ~ Z ;::111 ::::¡ w ....zF ~~~ '-J ~¡.. . C ØI . §~ z Iill:: F.P.&L-FLORIDA POWER ok UGHT CO. R/W - RlGHT-Of"-W,W P.O.B.-POINT Of BEGINNING P.O.C.-POINT OF COI.tMENCEMENT (SOUTH UNE OF THE N 1/2 OF THE N 1/2 OF THE SW 1/4 OF "'-S8~g'~2"W THE SW 1/4 P.O.B. ~ w ~N <.<> ~~ ....0> 8~ z- '- SOUTH U; ;CTION 11 P.O.C. -+ SW CORNER OF SECTION 11 _ _ _ N87'25'49"E I' - - 1166.14' I DESCRIPTION OF A 15-FOOT S'TRIP OF LAND LYING IN THE NORTH 1/2 OF THE NORTH 1/2 Of" THE SOU"THWë:ST 1/4 OF 11-IE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOU"TH, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT THE SDUTHWë:ST CORNER Of" SAID SECTION 11, THENCE RUN N8T25'49"E, A DISTANCE OF 1,166.14 FEET ALONG THE SOUTH UNE Of" SAID SECTION: THENCE RUN NOO'49'42"E, A DISTANCE Of" 1029.22 FEET ALONG A UNE THAT RUNS PARALLEL TO "THE EAST UNE Of" "THE SOU"THWë:ST 1/4 Of" THE SOU11-IWë:ST 1/4 TO THE POINT Of" BEGINNING; THENCE CONTINUE NOO'49'42"E, A DISTANCE Of 343.07 FEET ALONG THE WEST UNE Of" A 17Q-FooT FLORIDA POWë:R AND UGHT RIGHT-Of-WAY EASEMENT, SAID UNE RUNNING PARAlLEL TO THE EAST UNE OF SAID NOR"TH 1/2 OF 11-IE NORTH 1/2 Of" "THE SOUTHWë:ST 1/4 Of THE SOU"THWEST 1/4: THENCE RUN NBT38'47"E, A DISTANCE OF 15.02 FEET ALONG "THE NORTH UNE Of SAID NORTH 1/2 OF 'THE NORTH 1/2 OF THE SOUTHWë:ST 1/4 Of' THE SOU"THWEST 1/4; THENCE RUN SOO'49'42"W, A DISTANCE Of' 343.06 FEET ALONG A UNE RUNNING PARAlLEL TO SAID EAST UNE; THENCE RUN S87"35'32"W, A DISTANCE OF 15.02 FEET ALONG THE SOUTH UNE SAID NORTH 1/2 Of' THE NOR'TH 1/2 OF THE SOUTHWë:ST 1/4 OF THE SOUTHWë:ST 1/4, AND TO THE POINT OF BEGINNING. CONTAINING 5,146 SQUARE FEET OR 0.12 ACRES, MORE OR LESS. ;;M~~~~ LB6773) PR~¿~~ SURVÈYOR AND MAPPER FLORI~ U.ÇENSE NQ. ~ 4676 THIS :t.JIl>AY Of ~ 2004. WUE: THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A RELD SURVEY OF SECTION 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, 'B3Î90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD.. SUITE 4, FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 £MAIL: SURVEYlNGOCOONER.COM CUENT; GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE; B/3/04 SCALE: 1"-100' I REV: 10/20/04 IS' UTIUTY EASEMENT IN ThE SW 1/4 OF THE SW 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWG No:SEC11T-AE(P7)ISHEET: 1 OF 1 Ag nda Item No. 10D January 11, 2005 Page 98 of 242 EXHIBIT A Page~of ~ PROJECT -.:tO~~ l.. i PARCEL ~ FOLIO 0')411 ~X)()(¥O TEMPORARY CONSTRUCTION EASEMENT (DURATION: J YEARS FROM CO!llMENCEJlfENT OF CONSTRUCTION) --- --- - ------ SKETCH AND DESCRIPTION OF A TEJlPORARY CONSTRUCTION EASEJlENT FOR PRODUCTION WELL NO. 9 IN THE NW 1/4 OF' THE SW 1/4 OF SECTION 1" TWP 50 S, RGE 26 E, COLUER COUNTY, FLORIDA .- .- z 0 ìñ GI 0) t>J 0 « ~I 0 II:: W ~ Z z :J is U S 1/2 OF THE S 1/2 OF' THE NW 1/4 OF THE SW 1/4 0 N FOU 0.: 00411800006 S6"36'4'''W 1 80.28' !;\ z :J ~ II:: t- :r: (f · « ~ëo LoJ ~'": 02 ~ :.:: w W II:: U z3: 0....... (f 1I:: II::...J ~« zz LoJ« ::I:U w . Ñ~ '":'0 :6~ 8 z w ~ .- N8T38'4,"E '8 ~ , 'N 50.00 ~ ~ 66.12' N8"36'4,"E :r: ~ .- .~ 8 N . o~ 100.16' 65.28' Z N87'38'47"E N87'36'47"EJ P.O.C. SW CORNER OF THE S 1/2 OF SOUTH LINE OF' THE S 1/2 OF 'THE S 1/2 OF THE S 1/2 OF THE NW 1/4 PROPOSED PRODUCll0N ~~ ~: ~~: OF OF THE SW 1/4 ~Ã~M~~'T 9 UllUTY D£SCRIPTlON A PARCEl. LYING IN 'THE SOU'TH 1/2 OF' 'THE SOU'TH 1/2 OF 'THE NOR'THWEST 1/4 OF 'THE SOU'THWEST 1/4 OF' SECll0N 11. TOWNSHIP 50 SOU'TH. RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT 'THE SOU'THWEST CORNER OF SAID SOU'TH 1/2 OF' 'THE SOU'TH 1/2 OF 'THE NORTHWEST 1/4 OF' THE SOU'THWEST 1/4, THENCE RUN N87'38'47'E, A DISTANCE OF 100.16 FEET ALONG 'THE SOUTH UNE OF SAID SOUTH 1/2 OF THE SOUTH 1/2 OF' THE NORTHWEST 1/4 OF 'THE SOUTHWEST 1/4 TO THE EAST UNE OF THE HENDERSON CREEK CANAL RIGHT-OF-WAY AND THE POINT OF BEGINNING; THENCE CONllNUE N87'38'47'E, A DISTANCE OF 65.26 FEET ALONG SAID SOUTH UNE; THENCE RUN N02'21'13'W, A DISTANCE OF 40.00 FEET: THENCE RUN N67'3S'47'E, A DISTANCE OF 50.00 FEET ALONG A UNE THAT IS PARALLEL TO SAID SOU'TH UNE: THENCE RUN 502'21'13'E, A DISTANCE OF 20.00 FEET: THENCE CONllNUE N87'J8'47'E, A DISTANCE OF 66.12 FEET ALONG A UNE '!HAT IS PARAU.EL TO SAID SOUTH UN£; 'THENCE RUN N00'50'44"E, A DISTANCE OF 80.12 FEET ALONG A UNE THAT IS PARALLEL TO SAID EAST UNE OF THE HENDERSON CREEK CANAL RIGHT-OF-WAY; '!HENCE RUN S8,.38'47"W, A DISTANCE OF 180.28 FEET TO SAID EAST RIGHT-OF-WAY UNE: '!HENCE RUN SOO'50'44'W, A DISTANCE OF 100.16 FEET ALONG SAID EAST RIGHT-OF-WAY LINE TO '!HE POINT OF BEGINNING. P.O.S. PROPOSED 20' UllL1TY EASEMENT ~ P.O.B - POINT OF BEGINNING P.O.C. - POINT OF COMt.fENCEMENT ~ R/W - RIQiT-OF-WAY '!HE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECllON 11. BASIS OF BEARING: STA1E PLANE COORDINA1E SYSTÐ.4, FLA. EAST ZONE. '83Î90. THIS IS NOT A SURVEY JEFf KEY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SU j£ 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGCCOONER.COt.4 CUENT: GREELEY AND HANSEN, LLC DRAWN BY; JNt.f CHECKED BY: J.N.W. 'ARCEL DESCRIPllON: WELL NO.9 DATE: 8/26/04 SCALE: 1"-50' REV: 10/20/04 ¡EM? CONS1RUCll0N EASEMENT IN '!HE NW 1/4 OF '!HE SW 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWG NO:SEC1tW-TCE(TCII SHEET: 1 OF 1 CONTAINING 14,711 SQUARE FEET, OR 0.34 ACRES, MORE OR LESS. -___~--~L~ JAMES WILKISON (FOR '!HE FIRM LB6773) PROFE ONAL SURVEYOR AND MAPPER FLORI~~ENSE N~ 4876 THIS _ DAY OF _ 2004. Ag nda Item No. 100 January 11, 2005 Page 99 of 242 P.O.C. SW CORNER OF 'THE S 1/2 OF 'THE S 1/2 OF 'THE NW 1/+ OF 'THE SW 1/4 z o ¡:::: LõfJ C1I [I) elL. <0 ~ ~I ~ ::ï Zl- ð~ U EXHIBIT --ß.r page$ of -.J.!tZ- PROJECT 1oc:¿4 z. \ PARCEL ~4L..\ FOLIO ml...t I \ <?CTXX)(P SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 9 IN THE NW 1/4 OF THE SW 1/4 OF SECTION 11, TWP 50 S. RGE 26 E, COWER COUNTY, FLORIDA t~ ~N /. .... .... S87"38' 47"W 50.00' S 1/2 OF THE S 1/2 OF THE NW 1/4 OF THE SW 1/4 ::.:: ~ FOLIO NO.: 5 00411800006 z o [I) D::...J ~< zz w< :J:() w . ~8 ~ ~ o (/ ~ 2·~ ~~ z 50.00' N87"3847"E 'V 165.30' N87"38'47"E P.0.8j SOUTH LINE OF THE S 1/2 OF THE S 1/2 OF THE NW 1/4 OF THE SW 1/4 PROPOSED 20' UTlUTY - EASEMENT D~SCRIPT10N A PARCEL LYING IN 'THE SOU'TH 1/2 OF 'THE SOUTH 1/2 OF 'THE NOR'THWEST 1/4 OF 'THE SOU'THWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOU'TH, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT THE SOU'THWEST CORNER OF SAID SOU'TH 1/2 OF 'THE SOU'TH 1/2 OF 'THE NORTHWEST 1/4 OF 'THE SOU'THWEST 1/4, 'THENCE RUN N87"38'47"E, A DISTANCE OF 165.30 FEET ALONG 'THE SOU'TH UNE OF SAID SOU'TH 1/2 OF 'THE SOU'TH 1/2 OF THE NORlliWEST 1/+ OF lliE SOU'THWEST 1/4 TO lliE POINT OF BEGINNING; 'THENCE CONTINUE N8T38'+rE, A DISTANCE OF 50.00 FEET ALONG SAID SOU'TH UNE; 'THENCE RUN N02"21'13"W, A DISTANCE OF 40.00 fEET: THENCE RUN S87'3S'47"W, A DISTANCE OF 50.00 FEET ALONG A UNE 'THAT IS PARAU..EL TO SAID SOU'TH UNE; 'THENCE RUN 502"21'13"E. A DISTANCE OF 40.00 FEET TO lliE POINT OF BEGINNING. CONTAINING 2.000 SQUARE FEET, OR 0.05 ACRES, MORE OR LESS. ...:...- ~: _ P.O.B - POINT OF BEGINNING _ P.O.C. - POINT OF COMMENCEMENT ~~2 -:~~J~---- ~~~~5 ~~R~¡Š~IS~N~~~~f~SOF J S N.VI1LK1SON (FOR 'THE FIRM U36773) SECTION 11. BASIS OF BEARING: STA'TE PLANE ~OR SSIONAL~~~YOR ~~ MAPPER COORDINA'TE SYS'TEM, FLA. EAST ZONE, '83Î90. 'THIS~Y~ OF ~ 2004. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD.. SUITE 4. FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGCCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNM CHECKED BY: J.N.W. PARCEL DESCRIPTION: WELL NO.9 DATE: 8/26/04 SCALE: 1".20' I REV: 10/20/04 PRODUCTION WELL UTlUTY EASEMENT IN lliE NW 1/4 OF lliE SW 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWG No: SECI1W-TCE(P9)ISHEET: 1 OF 1 -. - o -0 . - Ag nda Item No.1 00 January 11, 2005 Page 100 of 242 _ EXHIBIT A Plige~ofï PROJECT ~ PARCEL ~4 S- FOlIO ml..pn'llorX;O'8' SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE SW 1/4 OF THE NW 1/4 AND THE NW 1/4 OF THE SW 1/4 OF SECllON 11, TWP 50 S, RGE 26 E, COWER COUNTY, flORIDA NOR1H UNE SECllON 11 --- N8S'7'44"E 1178.60' /' NORiH UNE OF iHE S 1/2 OF 1HE S 1/2 OF 1HE SW 1/4 OF 1HE NW 1/4 ~ F.P .&L. R/W EASEMENT 170' ~ w ¡E... ~::::- w~ ZZ :Jw ...¡E ~~ 31: . . ~ ~, ~ ~ S 1/2 OF THE S 1/2 OF SW 1/4 OF THE NW 1/4 ~ F.P.&cL.-FLORIDA POWER & UGHT CO. R/W - RIGHT-OF-WAY p.O.e.-POINT OF BEGINNING FOUO NO.: P.O.C.""POINT OF COUt.tENCEt.tENT 00410760008 "0 N S87'51'44"W 155.21' SOU1H UNE OF 1HE NW 1/4 P.0.B.(2) 155.21' N8T51'4-4"E inJ&.l --:~ I' ..~ N 1/2 OF NW 1/4 OF THE SW 1/4 AND THE N 1/2 OF lHE S 1/2 OF" lHE NW 1/4 OF THE SW 1/4 155.23' L II SOU'TH UNE OF iHE N 1/2 OF 'THE S 1/2 OF 'THE NW 1/4 OF 1HE SW 1/4 SEE SHEET 2 OF 2 FOR DESCRiPtiON ;A-~~~EÃ~~ LB6773) PR~~:A1.. SUR~R AND MAPPER FLORIDA UCENSE NO. LS 4876 1HIS1:£!:!IDAY OF ~004. tI.QIE; 1HE PARCEL BEARING. DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIElD SURVEY OF SECllON 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEI.4, FLA. EAST ZONE. '83Î90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEVlNGOCOONER.COt.4 ENT: GREELEY AND HANSEN, LLC DRAWN BY: oX>4W CHECKED BY: J.N.W. ARCEL DESCRlPllON: DATE: 8/3/04 SCAI..E: 1"-100' REV: 10/20/04 .,1'4 ACCESS EASEMENT IN 'THE NW 1/4 AND 1HE SW 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWG NO:SEC11T-AE(AES) SHEET:' OF 2 Ag nda Item No. 100 January 11, 2005 Page 101 of242 . \ PROJECT ~q21 PARCEl xL.fS FOLIO C04\()Il(I)(YYJ{ ÉXH\BIT II . pageJ!1-of~ SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE SW 1/4 OF THE NW 1/4 AND THE NW 1/4 OF THE SW 1/4 OF SECTION 11, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA DESCRIPTION OF LANDS LYING IN THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4. AND. THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, AND, THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: (1)COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 11, THENCE RUN N8817'44"E, A DISTANCE OF 1,178.60 FEET ALONG THE NORTH LINE OF SAID SECTION; THENCE RUN SOO'49'42"W. A DISTANCE OF 2401.42 FEET ALONG A LINE THAT RUNS PARALLEL TO THE EAST LINE OF THE WEST 1/2 OF THE NORTHWEST 1/4 TO THE POINT OF BEGINNING; THENCE RUN N87"54'59"E. A DISTANCE OF 155.20 FEET ALONG THE NORTH LINE OF SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 TO THE EAST LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN SOO"49'42"W, A DISTANCE OF 342.91 FEET ALONG SAID EAST LINE; THENCE RUN S87"51'44"W FOR A DISTANCE OF 155.21 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN NOO"49'42"E, A DISTANCE OF 343.06 FEET ALONG A LINE THAT RUNS PARALLEL TO THE EAST LINE OF SAID SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AND TO THE POINT OF BEGINNING, AND. (2)COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 11. THENCE RUN N8817'44"E, A DISTANCE OF 1,178.60 FEET ALONG THE NORTH LINE OF SAID SECTION; THENCE RUN SOO"49'42"W, A DISTANCE OF 2764.51 FEET ALONG A LINE THAT RUNS PARALLEL TO THE EAST LINE OF SAID WEST 1/2 OF THE NORTHWEST 1/4 AND THE EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND TO THE POINT OF BEGINNING; THENCE RUN N8T51'44"E. A DISTANCE OF 155.21 FEET ALONG A LINE THAT IS 20 FEET SOUTH (AS MEASURED AT RIGHT ANGLES) AND PARALLEL TO THE SOUTH LINE OF THE NORTHWEST 1/4; THENCE RUN SOO"49'42"W, A DISTANCE OF 1008.71 FEET THE EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN S87"42'01"W, A DISTANCE OF 155.23 FEET ALONG THE SOUTH LINE SAID NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN NOO"49'42"E, A DISTANCE OF 1009.15 FEET ALONG A LINE THAT RUNS PARALLEL TO THE EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4. AND TO THE POINT OF BEGINNING. CONTAINING 209,548 SQUARE FEET OR 4.81 ACRES, MORE OR LESS. SEE SHEET 1 OF 2 FOR SKETCH JEFFREY C. COONER AND ASSOCIA1ES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, flORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CUENT: GREEI.£Y AND HANSEN, u.c DRAWN BY: .IoIW CHECKED BY: J.N.W. PARCEL DESCRIPl1ON: DATE: 8/3/04 SCALE: I REV: 10/7/04 AN ACCESS EASEMENT IN 1HE NW 1/4 AND THE SW 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWG No:SEC11T-AE(AE5) . SHEET: 2 OF 2 Ag nda Item No.1 00 January 11, 2005 Page 102 of 242 EXHIBIT~ page-1$-0f n PROJECT ~ PARCEl QL .S- FOLI 0 rY)LfI () 1(dYin SKETCH AND DESCRIPTION OF A UTILITY EASEMENT IN THE SW 1/4 OF THE NW 1/4 AND THE NW 1/4 OF THE SW 1/4 OF SECllON 11, TWP 50 S, RGE 26 E, COWER COUNìY, FLORIDA NORl1i UNE SEC1\ON 11 7 --- N8B'7'44"E I 1163.59' P.O.c. NW CORNER Of SECl10N 11 NORl1i UNE OF" l1iE S 1/2 Of l1iE S 1/2 OF" l1iE SW 1/4 OF" l1iE NW 1/4 N87'M'59"E 15.02' F.P.&:L. R/W EASEMENT 170' ~ ã J;: - \.¡ 8:'" ~~ ~ S 1/2 OF THE S 1/2 OF SW 1/4 OF THE NW 1/4 IŒ:l: F".P.&L.-FLORIDA POWER & UGHT CO. R/W - RIGHT-Of-WAY P.O.S.-POINT OF" BEGINNING P.O.C.-POINT OF" COMMENCEt.4ENT FOLIO NO.: 00410760008 o N N8T51'44"E 1/55.21' SOUl1i UNE OF" l1iE NW 1/4 N 1/2 OF NW 1/4 OF THE SW 1/4 AND THE N 1/2 OF THE S 1/2 OF THE NW 1/4 OF THE SW 1/4 150?' S87'4210f"w 1515.21' S87'51'44"W ~~ §~ -~ L I I SOUl1i UNE OF" l1iE N 1/2 OF" THE S 1/2 OF" THE NW 1/4 OF" l1iE SW 1/4 ~ ~ iI: If) w FE..,. ~~ ~~ ::::¡w ~iE ~~ z w iE..,. ~~ w~ z ::::¡w ~FE ~ ~~ SEE SHEET 2 OF 2 FOR DESCRIPTION ~ l1iE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURIlEY Of SEC110N 11. BASIS Of BEARING: STATE PLANE COORDINATE SYSTEM, A.A. EAST ZONE, '83Î90. JAt.4 _ No 'MU(fSON fÏ:OR- ntE FIRM LB8773) PRO ONAl. SURVÈ'i'Œ AND MAPPER FLORIBA WCEN'SE NO.-LS.4876 THIS 'Z:1dtDAY QF" ~ 2004. ll-US IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., sum: 4, FORT WYERS, FLORIDA. 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, u.c DRA'If1II BY: JNW CHECKED BY: J.N.W. 'ARCEL DESCRIPTION: DATE: 8/3/04 SCALE: 1".100' REV: 10/20/04 ..fTlUTY EASEMENT IN THE NW 1/4 AND THE SW 1/4 Of' SEC 11-50-28 PROJECT No: 020g01 DWO No:SEC11T-AE(P5) SHEET: 1 OF 2 Ag nda Item No.1 00 January 11, 2005 Page 103 of 242 EXHIBIT ~ page..14-0f ~ PROJECT rt)~q z. I PARCEl 94S'"" FOlIO ('oL-l \0 '1(ðtX'XJ'g SKETCH AND DESCRIPTION OF A UTILITY EASEMENT IN THE SW 1/4 OF THE NW 1/4 AND THE NW 1/4 OF THE SW 1/4 OF SECTION ", TWP 50 S, RGE 26 E. COWER COUNTY, FLORIDA DESCRIPTION OF A 15-FOOT STRIP OF LAND LYING IN THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, AND. THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4. AND. THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION ", TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 1" THENCE RUN N88i7'44"E. A DISTANCE OF 1,163.59 FEET ALONG THE NORTH LINE OF SAID SECTION; THENCE RUN SOO'49'42"W, A DISTANCE OF 2401.51 FEET ALONG A LINE THAT RUNS PARALLEL TO THE EAST LINE OF THE WEST 1/2 OF THE NORTHWEST 1/4 TO THE POINT OF BEGINNING; THENCE RUN N87'54'S9"E, A DISTANCE OF 15.02 FEET ALONG THE NORTH LINE OF SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN SOO'49'42"W, A DISTANCE OF 343.06 FEET ALONG A LINE THAT RUNS PARALLEL TO THE EAST LINE OF SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 TO THE SOUTH LINE OF SAID NORTHWEST 1/4; THENCE RUN N87'S1'44"E FOR A DISTANCE OF 155.21 FEET ALONG SAID SOUTH LINE TO THE EAST LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN SOO'49'42"W, A DISTANCE OF 20.03 FEET ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN S87'S1'44"W, A DISTANCE OF 155.21 FEET; THENCE RUN SOO'49'42"W, A DISTANCE OF 1009.15 FEET ALONG A LINE THAT RUNS PARALLEL TO SAID EAST LINE; THENCE RUN S87'42'01"W, A DISTANCE OF 15.02 FEET ALONG THE SOUTH LINE OF SAID NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN NOO·4S'42"E. A DISTANCE OF 1372.30 FEET ALONG THE WEST LINE OF A 170-FOOT FLORIDA POWER AND LIGHT RIGHT-OF-WAY EASEMENT. SAID LINE RUNNING PARALLEL TO THE EAST LINES OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AND TO THE POINT OF BEGINNING. CONTAINING 23,688 SQUARE FEET OR 0.54 ACRES, MORE OR LESS. SEE SHEET 1 Of 2 FOR SKETCH JEFFREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., sum: 4, FORT MYERS, FlORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEY1NGOCOONER.COM CUENT: GREELEY AND HANSEN, Ll.C DRAWN BY: .JNW CHECKED BY: J.N.W. PARCEL DESCRIPl1ON: DATE: 8/3/04 SCALE: I REV: 10/20/0~ UT1UTY EASEMENT IN "THE NW 1/~ AND "THE SW 1-i4 Of SEC 11-50-26 PROJECT No: 020901 DWG No:SEC11T-AE(P5)ISHEET: 2 OF 2 Ag nda Item No. 100 January 11, 2005 Page 104 of 242 1:)(.1-\\6\1 k 'Page!ßfJ-°f PROJECT .-Jv~c,2.1 Ag PARCEL~ FOLIO m 41 \ '8,(ú()O(¡; TEMPORARY CONSTRUCTION EASEMENT (UURAnON: .\ YEARS FRUM CUMMENCEMENT OF CONSTRUCTION) ..-- .----.---.----- -'-'--,,-- SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO. 6 IN THE NE 1/4 AND THE SW 1/4 OF SECTION 11, TWP 50 S, RGE 26 E, COLUER COUNTY, FLORIDA P.O.C. NW CORNER OF THE NE 1/4 OF THE SW 1/4 NORTH UNE OF THE NE 1/4 OF THE SW 1/4 w , CD - ^----..- -- .---.------- N67'51' 44·E 95.00' g~ ~fjI N67'51'44·E 60.00' N87"51'44·E 60.00' P.O.B. t ~."8 ~¡ ~ .... .:t is LU- ~ F~ i:í 15 LU 31: !!!F ~ ::115 ~ Ii;.:t It W::; z PROPOSED 20' UTILITY EASEMENT ~ ~"8 ~i 31: ~~ ~i o ;z: PROPOSED PRODUCTION WELL NO.6 UTILITY EASEMENT ~ S87 l' 44"W 180.00' NE 1/4 OF THE SW 1/4 FOUO NO.: 00411800006 tŒt R/W - RIGHT-OF-WAY FP&L - FLORIDA POWER AND LIGHT COMPANY P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF CO......ENCEMENT DESCRIPTION' A PARCEL LYING IN THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION II, TO'MISHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: CO"'MENClNG AT THE NORTHWEST CORNER OF SAID NORTHEAST 1/4 OF THE SOUTHWEST 1/4, THENCE RUN N87·51'44·E A DISTANCE OF 95.00 FEET ALONG THE NORTH UNE OF SAID NORTHEAST 1/4 OF THE SOUTHWEST 1/4: 'THENCE RUN S02·06'16·E A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; THENCE RUN N87"51'44·E A DISTANCE OF 60.00 FEET ALONG A UNE THAT IS 20 FEET SOUTH AND PARAU..EL TO SAID NORTH UNE; THENCE RUN S02'08'16-e: A DISTANCE OF 40.00 FEET; THENCE RUN N87'51'44·E A DISTANCE OF 60.00 FEET; 'THENCE RUN N02'08'16·W A DISTANCE OF 40.00 FEET TO SAID UNE THAT IS 20 FEET SOUTH AND PARAU.EL TO SAID NOR'TH UNE; 'THENCE RUN N87'51'44·E A DISTANCE OF 60.00 FEET ALONG SAID UNE; THENCE RUN S02'06'16·E A DISTANCE OF 8O.DO FEET: 'THENCE RUN S67'51'44·W A DISTANCE OF 180.00 FEET ALONG A UNE THAT IS PARALLEL TO SAID NORTH UNE; 'THENCE RUN N02'08'1S·W A DISTANCE OF 80.00 FEET TO 'THE POINT OF BEGINNING. CONTAINING 12,000 SQUARE FEET or 0.28 ACRES., MORE OR LESS. I -----~~~------ fiQIE¡ 'THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FlELD SURIÆY OF SECTION 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83/90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CUENT: GREELEY ANO HANSEN, LLC DRAWN BY: JRF CHECKED BY: J.N.W. PARCEL DESCRIPllON: WELL NO. S DATE: 8/26/04 SCALE: 1·.50' REV: 10/26/04 TE"'P. CONSTRUCTION EASEMENT L Y1NG IN lHE NE 1/4 OF THE SW 1/4 OF SECTION 11 PROJECT No: 020901 DWG NO:sECI1W-TCE(TCfI SHEET: 1 OF 1 N. WILKISON (FOR THE FIRM L8S773) SSlONAL SURVEYOR AND ~APPER UCENSE N9n LS 4876 DAY OF ~ 2004. da Item No. 100 January 11, 2005 Page 105 of 242 EXH\BlT L page.-&Lof-I.!£J- PROJECT - 'lO~C1 z.. \ PARCEL q4( 0 F Oll 0 0?411 <¡q-YXJD( " SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 6 IN THE NE 1/4 AND THE SW 1/4 OF SECTION ", 1\YP 50 S, RGE 26 E, COWER COUNTY, FLORIDA P.O.C. NW CORNER OF 11-IE NE 1/4 OF 11-IE SW 1/4 /' N87'51' 44"E ('NOR11-I UNE OF 11-IE NE 1/4 OF 'THE SW 1/4 155.00' ~ <D. :r\8 ¡gc:i NN ~ - PROPOSED 20' UTILITY EASEMENT NAT51'44"E 60,00' t~ ~J - P.O.B. I- æ ; ... ~ 0:: ;¡ e: ~ ...- ¡!:~ 15... ...¡!: 315 I- ;~ ... z ¡. ~ ~~ ~~ ~ ~ ~~ êa. ~~ o % S87'51' 44°W 50.00' NE 1/4 OF THE SW 1/4 FOUO NO.: 00411800006 ISEY: R/W - RIGHT-OF-WAY FP&d. - FLORIDA POVIER AND UGHT COMPANY P.O.B. - POINT OF BEGINNING P .O.C. - POINT OF COMMENCEMENT DESCRIPTION: A PARCEl.. LYING IN 11-IE NOR'THEAST 1/4 OF 11-IE SOU'THWEST 1/4 OF SECTION 11. TOWNSHIP 50 SOU 11-1 , RANGE 26 EAST, COLUER COUNlY, FLORIDA. DESCRIBED AS FOLLOWS: COMMENCING AT 'THE NOR'THM:ST CORNER OF SAID NOR'THEAST 1/4 OF 'THE SOU11-lM:ST 1/4, 11-IENCE RUN NOR'TH 87'51'44" EAST A DISTANCE OF 155.00 FEET ALONG THE NOR11-I UNE OF SAID NOR'THEAST 1/4 OF THE SOUTHWEST 1/4: 'THENCE RUN SOU'TH 02'08'16" EAST A DISTANCE OF 20.00 FEET TO 11-IE POINT OF BEGINNING; 'THENCE RUN NOR11-I 87·51'44" EAST A DISTANCE OF 60.00 FEET ALONG A UNE THAT IS 20 FEET SOU'TH AND PARALlEL TO SAID NOR11-I UNE; 'THENCE RUN SOUTH 02"08"6" EAST A DISTANCE OF 40.00 FEET: 'THENCE RUN SOUTH 87"51'44" YÆST A DISTANCE OF 60.00 FEET ALONG A UNE 'THAT IS PARAlLEL TO SAID NOR11-I UNE: 11-IENCE RUN NOR'TH 02'08'16" WEST A DISTANCE OF 40.00 FEET TO 11-IE POINT OF BEGINNING. CONTAINING 2,400 SQUARE FEET, OR 0.06 ACRES. MORE OR LESS. ~A.- J N. WlU<lSON (FOR 'THE FIRM LB6773) PR SSIONAL SURVEYOR AND MAPPER FLORIDA UCENSE NO. LS ¡4876 11-IISZZ:::!fDAY OF ..a.s:r:z004. ~ 'THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECTION 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83/90. lrtlS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT M'l'ERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 £MAIL: SURVEYlNGCCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JRF CHECKED BY: J.N.W. PARCEL DESCRIPllON: WELL NO.6 DATE: 8/26/04 SCALE: '".20' IREV: 10/20/04 PRooUCTlON M:LL UTlUTY EASEMENT IN THE NE 1/4 AND 'THE SW 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWO No: SEC11W-TŒ(P6)ISHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 106 of 242 ~~~IJJ: PROJECT ~ PARCEl~ F"OLIO cn4\\'1\(YXvlP TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) NORTH LINE OF THE NE 1/4 OF THE SW 1/4 SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO, 7 IN THE NE 1/4 OF THE SW 1/4 AND THE NW 1/4 OF THE SE 1/4 OF SECll0N 11, TWP 50 S, RGE 26 E, COLUER COUNTY, FLORIDA ; ~~'gORNER OF" NORTH LINE OF åo iHE NW 1/4 OFr THE NW 1/4 OF ~ iHE SE 1/4 THE SE 1/4 N87'51'44"E Iii '- PROPOSED 20' U1IUTY EASEMENT ~ P.O.B. ' " 25.00' . 8~ ¡ $!I g z ..... PROPOSED 20' U1IUTY EASEMENT .'-- N87'5,'44"E 65.00 ~ IØ ! 51 NW 1/4 OF TH~1/L- FOLIO NO.: 00411800006 NE 1/4 OF THE SW 1/4 - FOUõNõ.: 00411800006 . . ~j 2ß L.t.JL.t.J F~ u..F o u.. ~o :J~ I-~ (/):c:"'" ~z~ :-8 ~ g o z 180.00' S87'5,'44"W PROPOSED PRODUCTION WELL NO. 7 UTILITY EASEMENT Iæl; P.O.B. - POINT OF" BEGINNING P.O.C. - POINT OF COMf.lENCEMENT DESCRIPTION OF A PARCEL LYING IN iHE NORiHEAST 1/4 OF iHE SOUiHWEST 1/4 AND iHE NORTHWEST 1/4 OF iHE SOUTHEAST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA,: COI.If.lENClNG AT THE NORTHWEST CORNER OF SAID NORTHWEST 1/4 OF THE SOUiHEAST 1/4, THENCE RUN SOUTH 00'48'40" WEST, A DISTANCE OF 20.03 FŒT ALONG iHE WEST UNE OF SAID NORTHWEST 1/4 OF iHE SOUiHEAST 1/4; iHENCE RUN NORiH 87"51'44" EAST, A DISTANCE OF 25.00 FŒT ALONG A UNE THAT RUNS PARALJ.EL TO iHE NORiH UNE OF SAID NORTHWEST 1/4 OF iHE SOUiHEAST 1/4 TO iHE POINT Of" BEGINNING: iHENCE CON1INUE NORiH 87'51'44" EAST, A DISTANCE OF 65.00 FEET ALONG SAID NORiH UNE; iHENCE RUN SOUiH D2'08"6' EAST, A DISTANCE Of" 8O.DO FEET; iHENCE RUN SOUiH 87'51'44" WEST, A DISTANCE OF 180.00 FEET ALONG A UNE THAT IS PARAlLEL TO SAID NORiH UNE OF iHE iHE NORiHWEST 1/4 OF THE SOUiHEAST 1/4 AND PARAlLEL TO THE NORiH UNE OF SAID NORiHEAST 1/4 OF iHE SOUiHWEST 1/4: tHENCE RUN NORiH 02'08"6" WEST, A DISTANCE OF 80.00 FŒT; iHENCE RUN NORiH 87'51'44" EAST. A DISTANCE OF 85.00 FEET ALONG A UNE iHAT RUNS PARAlLEL TO SAID NORiH UNE OF SAID NORiHEAST 1/4 OF iHE SOUiHWEST 1/4; iHENCE RUN SCUiH 02'08"6" EAST, A DISTANCE OF 4(1.00 FEET; THENCE RUN NORiH 87'51'44" EAST. A DISTANCE OF 50.00 FEET ALONG A UNE THAT IS PARAlLEL TO SAID NORiH UNE OF iHE NORiHEAST 1/4 OF iHE SOUiHWEST 1/4 AND PARAlLEL TO SAID NORiH UNE OF SAID NORTHWEST 1/4 OF THE SOUiHEAST 1/4: iHENCE RUN NORTH 02'08'16" WEST, A DISTANCE OF 4(1.00 FEET T9 .THE POINT OF BEGINNING. ~CONTAINING--1~40f):~UARE FEET, OR 0.28 ACRES, MORE OR LES~ ~ iHE PARCEL. BEARING. DISTANCES, AND AREAS --:- --... -",.-.,.------- CALCULATED ARE BASED ON A f1ELD SURVEY OF" J N. WlJXlSQN (FOR iHE f1RM LB6773) SECi10N 11. BASIS OF BEARING: STATE PLANE PR FESSlOIIMl, ::¡URV£YOR AND MAPPER COORDINATE SYSTEM, FLA. EAST ZONE, '83/90. ~?:~V~~iíFN~ ~~4. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE; (239)277-0722 FAX: (239)277-7179 Et.tAIL: SURVEYlNGCCOONER.COM ENT: GREELEY AND HANSEN, LLC DRAWN BY: JNM CHECKED BY: J.N.W. ARCEL DESCRIPTION: WELL NO.7 DATE: 8/26/04 SCAlE: '".sa' REV: 10/20/04 .C:MP. CONS"TRUCTlON EASEMENT IN iHE SW '/4 AND iHE SE 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWG NO:sEC11W-TCE('TC7 SHEET: 1 OF 1 -_.-.- ----.-"".--. Ag nda Item No.1 00 January 11, 2005 Page 107 of 242 EXHIBIT~ page~of~ PROJECT -.JO~,,12. \ PARCEL ~ FOLIO (Y)4-II<VX)QI)(P SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 7 IN lHE NE 1/4 OF lHE SW 1/4 AND lHE NW 1/4 OF THE SE 1/4 OF SECTION 11, 1WP 50 S. RGE 26 E, COWER COUNTY. FLORIDA P.O.C. NW CORNER r OF THE NW 1/4 OF THE SE 1/4 NORTH LINE OF THE NE 1/4 OF THE SW 1/4/ /_ N87'51 '44 "E ~ . 0- PROPOSED 20' :r 8 UTILITY ~ d EASEMENT ON o (/) NORTH LINE OF THE r NW 1/4 OF THE 5E 1/4 L~ ~J P.O.B. N87'51'44"L- 25.00' w~ ¡Ew u...¡E o u... ~o ::¡~ 1-- (/)~~ ~z::::- - - 1. - - - N87"51' 44"E 25.00' NE 1/4 OF THE SW 1/4 FOUO NO.: 00411800006 ~ . lOb ~ 0 P d N ~ o z w Q~ C!ÏX) ~~ o (/) NW 1/4 OF THE SE 1/4 FOLIO NO.: 00411800006 KEY: P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEt.tENT 5000' 587" 1'44"W DESCRIPTION OF A PARCEL LYING IN THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 AND THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 Of SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FlORIDA,: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST 1/4 OF THE SOUTHEAST 1/4. THENCE RUN SOUTH 00'48'40" WEST, A DISTANCE OF 20.03 FEET ALONG THE WEST UNE OF SAID NORTHWEST 1/4 OF THE SOUTHEAST 1/4 TO THE POINT Of BEGINNING; THENCE RUN NORTH 87'51'44· EAST, A DISTANCE OF 25.00 FEET ALONG A UNE THAT RUNS PARALLEl TO THE NORTH UNE OF SAID NORTHWEST 1/4 OF THE SOUTHEAST 1/4; THENCE RUN SOUTH 02"08'16" EAST, A DISTANCE OF 40.00 FEET: THENCE RUN SOUTH 87'51'44" WEST, A DISTANCE OF 50.00 FEET ALONG A UNE THAT IS PARALLEL TO SAID NORTH UNE OF THE THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND PARALL£L TO THE NORTH UNE OF SAID NORTHEAST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN NORTH 02"08'16" WEST, A DISTANCE OF 40.00 FEET: THENCE RUN NORTH 87'51'44" EAST, A DISTANCE OF 25.00 FEET ALONG A UNE THAT RUNS PARALLEl TO SAID NORTH UNE OF SAID NORTHEAST 1/4 OF THE SOUTHWEST 1/4 TO THE POINT OF BEGINNING. CONTAINING 2000 SQUARE FEET, OR 0.05 ACRES. MORE OR LESS. ~-~J~-;;;,F;; LB'''') P~~~ SUR\lEYOR AND MAPPER FlORII:!A. I.JCENSE No.., L~ "4876 THIS ~1>AY Of~ 2004. ~ THE PARCEL BEARING, DISTANCES, AND AREAS CALCULA1ED ARE BASED ON A FIELD SUR\lEY Of SECTION 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE. '83Î90. THIS IS NOT A SURVEY ~EY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUllE 4. FORT M'lERS, FLORIDA 33912 PHONE: (239)277-0722 FAX; (239)277-7179 EMAlL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN. LLC DRAWN BY: JNM CHECKED BY: J.N.W. PARCEL DESCRIPllON: WELL NO.7 DAlE: 8/26/04 SCALE: 1"-20' IREV: 10/20/04 PRooUCTlON WELL UTlUTY EASEMENT IN THE SW 1/4 AND THE SE 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWG No: SECI1W-TCE(P7)ISHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 108 of 242 EXHIBIT A Page...æ!. of -:::fJ¡¡: RROJECT r"(v<ltï Z I PARCEL~ F Oll 0 aJ-f' t 'R: ClJtX)(.f) TEMPORARY CONSTRUCTION EASEMENT (DVRA TlON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) --------- -------- SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION 1fELL NOo 8 IN THE NW 1/4 OF THE SE 1/4 OF SECl10N 11, TWP 50 S, RGE 26 E. COWER COUNTY, flORIDA PROPOSED PRODUCTION WELL NO. 8 UTILITY EASEMENT NORTH UNE OF THE NW 1/4 OF THE SE 1/4\ PRoPoSED 2> - UTILITY 0--» ~ EASEMENT ~ . . 8 Šg o z P.O.B. NE COR. OF lHE NW 1/4 OF lHE SE 1/4 N87"51'4 " 65.00' . ~ 8~ ~~ P N o Z NB 0 66.03' 1.&.10 I 0 IOd ,;N ìB N o (I) 50.00' NB7°51'44"E ~ I 8~ g ~ ~þ - 8 1-1.&.1 (I) u... ¡:E o u... IJJO Z ::J~ 1-- ~:;: I~Z I -t ....... 180.00' S87"51'44"W NW 1/4 OF THE SE 1/4 FOUO NO.: 00411800006 DESCRIPTION OF A PARCEL LYING IN lHE NORlHWEST 1/4 OF lHE SOUlHEAST 1/4 OF SEC110N 11, TOWNSHIP 50 SOUlH, RANGE 26 EAST. COWER COUNTY. flORIDA. DEsCRIBED AS FOLLOWS: BEGINNING AT lHE NORlHEAST CORNER OF SAID NORlHWEST 1/4 OF lHE SOUlHEAST 1/4, lHENCE RUN SOO'48'2D"W, A DISTANCE OF 100.00 FEET ALONG lHE EAST UNE OF SAID NORlHWEST 1/4 OF lHE SOUlHEAST 1/4; lHENCE RUN S87'51'44"W, A DISTANCE OF 180.00 FEET Al.:ONG A UNE lHAT IS PARAu.EL TO THE NORTH UNE OF SAID NORTHWEST 1/4 OF THE SOUTHEAST 1/4; THENCE RUN NDO'48'20"E, A DISTANCE OF BO.OO FEET ALONG A UNE lHAT IS PARAU.EL TO SAID EAST UNE; lHENCE RUN N87'51'44"E, A DISTANCE OF 66.03 FEET ALONG A UNE lHAT IS PARALLEL TO SAID NORTH UNE; lHENCE RUN SOUlH 02"08'160 EAST. A DISTANCE OF 20.00 FEET; THENCE RUN NORlH 87'51'44" EAST, A DISTANCE OF 50,00 FEET ALONG A UNE THAT IS PARAU.EL TO SAID NORlH UNE; THENCE RUN NORTH 02"08'16" WEST, A DISTANCE OF .w.00 .FEET: lHENCE RUN NORTH 87'51'44" EAST, A DISTANCE OF 65.00 FEET ALONG SAID NORTH UNE TO THE POINT OF BEGINNING. CONTAINING 14,709 SQUARE FEET. OR 0.34 ACRES, MORE OR LESS. ~~.~ j"--. Ñ. ~~IS~-(;M;;¡;~RM LB6773) PR SSlONAl SURVEYOR AND MAPPER FlORIDA \.I.ÇENSE Nº,_~ 4876 THIS~AY OF ~ 2004. W2JE: THE PARCEL BEARING. DISTANCES. AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SEC110N 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM. FLA. EAST ZONE, '83/90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLW.. SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNG@COONER.COM - .UENT: GREELEY AND HANSEN, 1.LC DRA't\N BY; JNM CHECKED BY: J.N.W. ARCEL DESCRIPl10N: WELl. NO. B DATE: B/26/04 SCALE: 1"-50' REV' 10/20/04 ,EMP. CONSTRUCll0N EASEMENT IN THE . NW 1/4 OF THE SE 1 4 OF SEC 11-50-26 PROJECT No: 020901 DWG NO:sEC11W-TCE(TC8 SHEET: 1 OF 1 Ag nda Item No.-1 00 January 11, 2005 Page 109 of 242 EXHIBIT A page.JRS... of :Ii!: PROJECT 1()'lc12 I PARCEL 9 4 ~ FOL 10 fY)/.{11 9jyyyj () SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 8 IN 1HE NW 1/4 OF 1HE SE 1/4 OF SECll0N 11, TWP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA NOR1H UNE OF TI-lE NW 1/4 OF TI-lE SE 1/4 P.O.C. NE CORNER OF TI-lE NW 1/4 OF6:~'SE 1/'=1~ S87"51'44"W 50.00' ~ S87'51'44"W P.O.B. PROPOSED 20' UTILITY EASEMENT .q- ........ w- ¡;w en u...w ~¡; ~u... ...JO .....q- en........ ~- ~ z ~ ID~ ~. N~ o Z NW 1/4 OF THE SE 1/4 FOUO NO.: 00411800006 - w . . III -~~ ~N ~ N87'51'44"E 50.00' ¡, ì~ ¡. DESCRIPTION: A PARCEl LYING IN TI-lE NORTI-lWEST 1/4 OF TI-lE SOUTI-lEAST 1/4 OF SECll0N ", TOWNSHIP 50 SOOTI-l, RANGE 26 EAST, COLUER COUNTY, FLORIDA. DESCRIBED AS FOLLOWS: COMMENCING AT TI-lE NORTI-lEAST CORNER OF SAID NORTI-lWEST 1/4 OF TI-lE SOUTI-lEAST 1/4, TI-lENCE RUN SOUTI-I 87'51'44" WEST, A DISTANCE OF 65.00 FEET ALONG TI-lE NORTI-I UNE OF SAID NORTI-lWEST 1/4 OF TI-lE SOUTI-lEAST 1/4 TO TI-lE POINT OF BEGINNING; THENCE CONllNUE SOUTH 87"51'44" WEST, A DISTANCE OF 50.00 FEET ALONG SAID NORTI-I UNE; THENCE RUN SOUTH 02'06'16· EAST. A DISTANCE OF 40.00 FEET: THENCE RUN NOR"Tl-I 87"51'44" EAST, A DISTANCE OF 50.00 FEET ALONG A UNE THAT IS PARALLEL TO SAID NORTH UNE; THENCE RUN NORTH 02'08'16" WEST, A DISTANCE OF 40.00 FEET TO "Tl-IE POINT OF BEGINNING. CONTAINING 2,000 SQUARE FEET, OR 0.05 ACRES, MORE OR LESS. ~ THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SEC1ION II. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83/90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOOA"ÆS. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUI IE 4, FORT MYERS, FLORIDA 33912 PHONE; (239)277-0722 FAX: (239)277-7179 EM All: SURVEYlNGGCOONER.COM CUENT: GREELEY AND HANSEN. Ll.C DRAWN BY: JRF CHECKED BY: J.N.W. PARCEL DESCRIPTlON: WEll. NO.8 DATE: 9/8/04 SCALE: '·-20' .REV: 10/20/04 PRODUCllON WEll. U11UTY EASEMENT IN THE NW 1/4 OF TI-lE SE 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWG NO:SEC11W-TCE(P8) 'SHEET: 1 OF I :;1:..~;J;..(~ LB6,.,,) PR~~¡~£kmVEYOR AND MAPPER rLORIDA I!.\ÇENSE J'W. 1-~ 4876 Tiils 'b1:::: 'bAY OFV..1ZI:.... 2004. Ag nda Item No.1 00 January 11, 2005 Page 110 of 242 EXHIBIT D page.of~ PROJECT ~ PARCEL -~ FOLIO coy.n44.a::c.h SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE SW 1/'" OF THE NW 1/'" OF SEC110N 11, nw 50 S, RGE 26 E, COWER COUNTY, FLORIDA NOR~ UNE SECTION 11 7 1178.80' N88"17'44"E I P.O.C. NW CORNER Of" SECl10N 11 HOR1H UHE OF 'IrIE N 1/2 Of" tHE S 1/2 OF 'IrIE SW 1/4 OF tHE HW 1/4 N 1/2 OF THE S 1/2 OF SW 1/4 OF THE NW 1/4 FOUO NO.: in 00411440000 ~ §~g f".P.&d...-FLORJDA POWER'" UGHT CO. ~ ~ ~ R/W - RIGHT-OF-WAY g: 5 ~ P.O.B.-POINT OF BEGINNING l I P.O.C.-POINT OF COMMENCEMENT T SOU'IrI UHE OF 'IrIE N 1/2. OF 1HE S 1/2. OF' 'THE SW 1/4 OF' tHE NW 1/4 N87'58'14"E 155.19' P.O.B. 170' F.P.&L. R/W EASEMENT w 8~ ~§ z 15... ~~ -¡,¡ z WW ¡:i!'... ~ 1515~ ':.- ~ WN~ ::¡ ø. Z'Z ... ¡; ::¡-W I") ~ ....lnjE ~~15 '-J DESCRIPll0N OF A PARCEL OF LAND LYING IN 'THE NOR'!M 1/2 OF 'IrIE SOU'!M 1/2 Of" 'THE SOUTHWEST 1/4 Of" 'IrIE NORmWEST 1/4 OF SECTION 11, TOWNSHIP 50 soum, RANGE 28 EAST, COWER COUNTY, FLORIDA: COMMENCING AT mE NOR'!MWEST CORNER OF SAID SECTION 11. THENCE RUN N88"17'44"E, A DISTANCE Of" 1,178.80 FEET ALONG 'THE NORm UNE OF SAID SECTION: '!MENCE RUN SOO'4Q'42"W, A DISTANCE OF' 2058.36 FEET ALONG A UHE THAT RUNS PARAU.EL TO mE EAST UNE OF mE WEST 1/2 OF '!ME NORmWEST 1/4 TO mE POINT OF BEGINNING; 1HENCE RUN N87"58'14"E, A DISTANCE OF 155.19 FEET ALONG mE NORTH UNE OF SAID NOR'TH 1/2 OF' THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF' THE NORTHWEST 1/4: mENCE RUN SOO'49'42"W. A DISTANCE OF' 342.91 FEET ALONG mE EAST UNE Of" SAID NOR'!M 1/2 OF' THE soum 1/2 OF' mE SOUTHWEST 1/4 OF 'THE NORmWEST 1/2; mENCE RUN S87"54'59"W, A DISTANCE OF' 1155.20 FEET ALONG mE scum UNE Of" SAID NORTH 1/2 OF THE SOUTH 1/2 Of" THE SOUTHWEST 1/4 Of" THE NORTH'o\£ST 1/4: ~ENCE RUN NOO'49'42"E, A DISTANCE OF 343.08 FEET ALONG A UNE RUNNING PARALLEl TO SAID EAST UNE, AND TO mE POINT OF' BEGINNING. CONTAINING 53,163 SQUARE FEET OR 1.22 ACRES, MORE OR lESS. :;¡;;'~~-~M:R';; lB6773) PR~i~AL SURVEYOR AND MAPPER FLORIDA UCENSE NQ, ~ 4876 THIS ~DAY OF ~ 2004. t1QIE: THE PARCEl BEARING. DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY Of" SECTION 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE. '83/90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVE'I1NG AND MAPPING 3900 COLONIAL 8L W., SUITE 4, FORT M'l'ERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGOCOONER,COM CUENT: GREElEY AND HANSEN, ll.C DRAWN BY: JNW CHECKED BY: J.N.W. 'ARCEL DESCRIPlION: DATE: 8/3/04 SCALE: 1".100' REV: 10/20/0 AN ACCESS EASEMENT IN THE SW 1/4 OF' THE NW 1 4 Of" SEC 11-50-26 PROJECT No: 020901 DWG No:SEC11T-AE(AE4) SHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 . Page 1 1 1 of 242 EXHIBIT~ page~ of ....J.JJD- PROJECT ...:J()~Cj L \ PARCEl 94Cf FoLIO WLfI\44()(iV SKETCH AND DESCRIPTION OF A 15' UTILITY EASEMENT IN TI1E SW 1/4 OF THE NW 1/4 OF SECTION 11, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA NOR'TH UNE SEC1I0N 11 7 t A --- N88'7'44"E ¡. ~ . N" ;or~ 0>' ~CI ~~ ~ 170' F.P.&L. R/W EASEMENT 1163.59' P.O.c. NW CORNER OF SECl10N 11 NOR'TH UNE OF 'THE N 1/2 OF nlE S 1/2 OF niE SW 1/4 OF niE NW 1/4 N87'58'14-E 15,02' ,. N ~ ~ ~~ § ~~ ;ði ........ ¡!:iE~ ~15~ ....~~ ~-LaJ ....I/I¡!: I/lLaJ ~¡!:15 "-J p.o.a. N 1/2 OF TI1E S 1/2 OF SW 1/4 OF TI1E NW 1/4 FOUO NO.: 00411440000 ItJ . ~¡... " c ~~ z ~ .~ !~ 'ÒO ~i K.E:t F.P.c!d..-FlORJDA POWER'" UGHT CO. R/W - RIGHT-OF-WAY p.o,a.-POINT OF BEGINNING P.O,C.-POINT OF COMMENCEMENT SOU1H UNE OF nlE N 1/2 Of nlE S 1/2 Of 'THE SW 1/4 OF niE NW 1/4 15.02' S87'54'59-W DESCRIPl10N OF A IS-FOOT STRIP OF LAND LYING IN niE NORni 1/2 OF niE SOUni 1/2 OF niE SOUniWEST 1/4 OF niE NORniYÆ:ST 1/4 Of SECTION 11. TOWNSHIP 50 SOUni, RANGE 26 EAST, COLUER COUNTY, flORIDA: COMMENCING AT niE NORniWEST CORNER OF SAID SECTION II, niENCE RUN N8817'44"E, A DISTANCE OF 1.163.59 FEET ALONG THE NOR'TH UNE OF SAID SECTION; 'THENCE RUN SOO'49'42-W, A DISTANCE OF 2058.44 FEET ALONG A UNE 'THAT RUNS PARAll.EL TO 'THE EAST UNE OF niE WEST 1/2 OF niE NORniYÆ:ST 1/4 TO niE POINT OF BEGINNING; 'THENCE RUN N87'58'14-E, A DISTANCE OF 15.02 FEET ALONG 'THE NORni UNE OF SAID NORni 1/2 OF 'THE SOUni 1/2 OF THE SOUniWEST 1/4 OF niE NORniWEST 1/4: niENCE RUN SOO'49'42-W, A OISTANCE OF 343.06 FEET ALONG A UNE niAT RUNS PARALLEL TO 11iE EAST UNE OF SAID NOR11i 1/2 OF THE SOU11i 1/2 OF 'THE SOU11iWEST 1/4 OF' 11iE NOR11iWEST 1/2; 'THENCE RUN S8T54'59"W, A DISTANCE OF 15.02 FEET ALONG 'THE SOU11i UNE OF SAID NORni 1/2 OF 11iE SOUTH 1/2 OF THE SOU11iWEST 1/4 OF 11iE NOR11iWEST 1/4; 11iENCE RUN NOO'49'42-E, A DISTANCE OF' 343.07 FEET ALONG niE WEST UNE OF' A 170-FOOT flORIDA POWER AND UGHT RIGHT-OF-WAY EASEMENT, SAID UNE RUNNING PARALLEl TO SAID EAST UNE, AND TO niE POINT OF BEGINNING. CONTAINING 5,1'46 SQUARE FEET OR 0.12 ACRES, MORE OR LESS. wm: niE PARca.. BEARING, DISTANCES. AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY Of' SECTION 11. BASIS OF BEARING: STA'TE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83/90. N. Yt1LKI~ (FOR 11iE FIRM LB6773) PR ONAL SURVEYOR AND MAPPER FlORIl>A UÇENSE NO LS 4876 11iIS ~ ~A Y Of' ðc.A-" 2004. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCI A lES. INC. SURVE't1NG AND MAPPING 3900 COLONIAL BLVD" SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 £MAIl.; SURVE't1NGCCOONER.COM CUENT: GREElEY AND HANSEN, ll.C DRAWN BY: ~W CHECKED BY: J.N.W. PARCEL DESCRIPTION: DAlE: 8/3/04 SCALE: 1".100' REV: 10/20/04 15' UTlU1Y EASEt.lENT IN THE SW 1/4 OF' 11iE NW 1 4 OF SEC 11-50 26 PROJECT No: 020901 DWG No:SEC11T-AE(P4) SHEET: , OF 1 Ag nda Item NO.1 00 January 11, 2005 Page 112 of 242 EXHIBIT fJ page-/ßt.of Æ PROJECT -.:J~~q 2.. L - PARCEL - . 2() FOLIO ('Y')41()q(.,(YY)L SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE SW 1/4 OF THE NW 1/4 OF SECT10N 11, TWP 50 S, RGE 26 E, COLUER COUNTY, FLORIDA NORTH UNE SECTION 11 7 N88'7'44"E 1178.60' /' 1·~ ~~ ~~ !::~ P.O.C. NW CORNER OF SECTION 11 NORTH UNE OF THE S 1/2 Of THE N 1/2 OF THE SW 1/4 OF THE NW 1/4 iI: VI... ~; " ~ 15~ &.:"" I&JzF C'I~ ~ ~ ~15 ~5 '-..J N88'01'29"E 155.19' S 1/2 OF THE N 1/2 OF SW 1/4 OF THE NW 1/4 FOUO NO.: in 00410960002 I w z <110 >- w ~ :~; F.P.dcL-FLORlDA POWER & UGHT co. 0 -' <11 R/W - RIGHT-OF-WAY if 5 ~ P.O.B.-POINT OF BEGINNING l I P.O.C.-POINT OF COMt.AENCEMENT ---¡- SOUTH UNE OF THE S 1/2 OF THE N 1/2 OF THE SW \/4 OF THE NW 1/4 P.O.B. 170' F.P.&L R/W EASEMENT , &J 8"~ ~§ z DESCRIPTION OF A PARCEL OF LAND LYING IN THE SOUTH 1/2 OF THE NORTH \/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOU1H, RANGE 26 EAST, COWER COUNTY, FLORIDA: COt.AMENClNG AT 1HE NOR1HWEST CORNER OF SAID SEC110N 1" THENCE RUN N68'7'44"E, A DISTANCE OF 1,178.60 FEET ALONG 1HE NOR1H UNE OF SAID SECTION; 1HENCE RUN SOO'49'42"W, A DISTANCE OF 1715.30 FEET ALONG A UNE THAT RUNS PARALI.£L TO THE EAST UNE OF 1HE NORTHWEST 1/4 TO 1HE POINT OF BEGINNING; 1HENCE RUN N88'01'29"E, A DISTANCE OF 155.19 FEET ALONG THE NORTH UNE OF SAID SOU1H 1/2 OF THE NORTH 1/2 OF 1HE SOU1HWEST 1/4 OF THE NOR1HWEST 1/4; THENCE RUN SOO'49'42"W, A DISTANCE OF 342.91 FEET ALONG 1HE EAST UNE OF SAID SOU1H 1/2 OF THE NOR1H 1/2 OF 1HE SOU1HWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN S87"58'14"W, A DISTANCE OF 155.19 FEET ALONG 1HE SOUTH UNE OF SAID SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN NOO"49'42"E. A DISTANCE OF 343.06 FEET ALONG THE WEST UNE OF A 17D-FOOT FLORIDA POWER AND UGHT RIGHT-OF-WAY EASEMENT, SAID UNE RUNNING PARALLEL TO SAID EAST UNE, AND TO THE POINT OF BEGINNING. CONTAINING 53,163 SQUARE FEET OR 1.22 ACRES, MORE OR LESS. ~ - wm: 1HE PARCEL BEARING. DISTANCES, AND AREAS JÄÜË- . "LK.~-;;;-;;æ .;;; LOð77J) :'o\;"W' ~~"W ~'~.:'~Aii'~Of PRO SSlONAL SURVE¥OR AND MAPPER COORDINATE SYSTEt.4. FLA. EAST ZONE, '8.:5/90. ~~I~~'y~S~0·OL.,S-r~~~4. 1HIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOOA 1£5, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN. LLC DRAYtN BY: ..t4W CHECKED BY: J.N.W. ')ARCEL DESCRIPllON: DATE: 8/3/04 SCALE: 1".100' REV: 10/20/04 AN ACCESS EASEMENT IN THE SW 1/4 OF THE NW I 4 OF SEC 11-50-26 PROJECT No: 020901 DWG No:SEC11T-AE(AE3) SHEET: I OF 1 "-- Ag nda Item No. 100 January 11, 2005 Page 113 of 242 EXHIBIT ¡¡ page-lJiì-of ~ PROJECT 'lG9Ç¡2.. L I'ARCEL 950 FOL-IO Q)L..flrA0 (,)(Jrl Z. SKETCH AND DESCRIPTION OF A 16' UTILITY EASEMENT IN THE SW 1/4 OF THE NW 1/4 OF SECTION 11, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA NOR'TH UNE SECi10N 11 7 " ~N N8617'44"E I 1163,59' ----- ""-P.O.C. NW CORNER OF NORnI UNE Of" tHE S 1/2 Of" SEC110N 11 'r 'nlE N 1/2 Of nlE SW 1/4 OF \.. iHE NW 1/4 :I: . N- ~~ <'- "",U') >~ '00 8"" 1/)- > /. P.O.B.~ N88'01'29"E 15,02' , [5"", ~ N)- :...'" )-:1: (J)1I1 8 WW (J) ¡:F"", l515)- wN:I: z)-Z ::J w t-Z¡: ~~15 '--J S 1/2 OF THE N 1/2 OF SW 1/4 OF THE NW 1/4 FOUO NO.: 00410960002 170' F.P.&L. R/W EASEMENT w ~y.... . 0 CII . ~~ Z .. 8~ ~~ ~ W: F'.P.&L.-FLORIDA POWER & UGHT CO. R/W - RIGHT-OF'-WAY P.O.B.-POINT Of BEGINNING P.O.C.-POINT OF' COMMENCEMENT (SOUiH UNE OF' THE S , /2 OF' iHE N 1/2 Of tHE SW 1/4 OF' iHE NW 1/4 15.02' ~ S8T58'14"W .... DFSCRIPi10N OF' A 15-F'00T STRIP OF' LAND LYING IN 'THE SOUtH 1/2 OF' tHE NOR'TH 1/2 OF' iHE SOUtHWEST 1/4 OF' iHE NOR'THWEST 1/4 OF' SEC110N 1" TOWNSHIP 50 SOUtH, RANGE 26 EAST, COLUER COUNTY, FLORIDA: COMNENCING AT tHE NOR'THWEST CORNER OF' SAID SECi10N 11, 'THENCE RUN N88'7'44"e:. A DISTANCE OF 1,163.59 FEET ALONG iHE NORiH UNE OF SAID SECllON: iHENCE RUN SOO'49'42"W, A DISTANCE OF 1765.37 FEET ALONG A UNE nlAT RUNS PARALLEL TO 'THE EAST UNE OF tHE NORnlWEST 1/4 TO tHE POINT OF BEGINNING; nlENCE RUN N88'01'29-E, A'DISTANCE OF 15.02 FEET ALONG tHE NORiH UNE OF SAID SOUtH 1/2 OF 'THE NOR'TH 1/2 OF iHE SOUtHWEST 1/4 OF 1HE NOR'THWEST 1/4; iHENCE RUN SOO'49'42-W, A DISTANCE OF' 343.06 FEET ALONG A UNE iHAT RUNS PARALJ.EL TO tHE EAST UNE OF' SAID SOUtH 1/2 OF nlE NORnI 1/2 OF' tHE SOUtHWEST 1/4 OF' tHE NOR'THWEST 1/4; 'THENCE RUN S87'SS'14-W. A DISTANCE OF 15.02 FEET ALONG 'THE SOU'TH UNE OF SAID SOUTH 1/2 Of '!HE NORtH 1/2 OF' nlE SOU'THWEST 1/4 OF tHE NOR'THWEST 1/4; THENCE RUN Noo'49'42"E, A DISTANCE OF 343.07 FEET ALONG 'THE WEST UNE Of" A 170-FooT FLORIDA POWER AND UGHT RIGHT-Of-WAY EASEMENT, SAID UNE RUNNING PARAIl.EL TO SAID EAST UNE, AND TO 'THE POINT OF' BEGINNING. CONTAINING 5,146S'QOARE FEET OR 0.12 ACRES, MORE OR LESS. tmt: tHE PARCEL BEARING, DISTANCES, AND AREAS CALCULA'ŒO ARE BASED ON A FIElD SURVEY OF SECllON 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83(90. ~;l.4i~~~~~ LB6773) PRO SSIONAL SURVEYOR AND MAPPER FLO DA UCENSE NO. LS 4876 'THI~AY OF' ~004. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BL YD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 8/3/04 SCALE: '".100' IREV: '0/20/0~ 15' UllUTY EASEMENT IN tHE SW 1/4 OF '!HE NW ,¡¡ OF' SEC 11-50-26 PROJECT No: 02090' DWG No:SEC11T-AE(P3)ISHEET: 1 Of 1 Ag nda Item No, 100 January 11, 2005 Page 114 of 242 EXHIBIT A page.1JJLof -:M. PROJECT ...:J()~"1 21 PARCEL~ FOLIO (Y)41 \ (oL..{cYXì4 _ SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE SW 1/4 OF THE NW 1/4 OF SECllON 11, TWP 50 S, RGE 26 E, COLLIER COUNlY, FLORIDA NORTH UNE SEC110N 11 - -- 1'188' 7'60"E.¡ 1178.60' P.O.c. NW CORNER Of' SECTION 11 NORTH UNE Of' THE N 1/2 Of' THE 1'1 1/2 OF THE SW 1/4 OF THE NW 1/4 'It) N 1/2 OF THE N 1/2 OF SW 1/4 Of' THE NW 1/4 FOUO NO.: 00411640004 o 0- .... Z ¡g~~ I o.::Jw ~~~ o.::>w ~ P.O.B.(2) ./ SOUTH UNE. OF THE N 1/2 OF C- THE N 1/2 Of' THE SW 1/4 OF 1HE NW 1/4 ~ F.P.&L-FlORIDA POWER " UGHT CO. R/W - RIGHT-Of'-WAY p.O.e.-POINT OF BEGINNING P.O.C.-POINT Of' COMMENCEMENT - ï:! 15... , rti ~- Ñ -~ . %111 ~ ....101 j!:~,,¡- N811,0'18"W i l5l5~ 1M.CO' ....N~ Z'Z S8è~~P,¡"E ::¡-w t-zj!: åo ~~15 E 155.111' S88'01'211"W ~ THE PARCEL BEARING, DISTANCES. AND AREAS CALCULATED ARE BASED ON A FlELD SURVEY OF SECl10N 11. BASIS OF BEARING: STATE PLANE COORDINATE S'I'STÐA, A.A. EAST ZONE. '83/110. l1ilS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING ::5900 COLONIAL BLVD., SUITE 4, FORT MYERS, FlORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGCCOONER.COM ENT: GREElEY AND HANSEN. u.c DRA'MI BY: JNW CHECKED BY: J.N.W. ARCEL DESCRlP110N: DATE: 8/3/04 SCAlE: 1".100' REV: 10/20/04 AN ACCESS EASEMENT IN THE SW 1/4 Of' THE NW 1 4 OF SEC 11-50-26 PROJECT No: 020901 DWG NO:SEC11T-AE(AE2) SHEET: 1 OF 2 J,~~l\~;~~~ LB6773) PRO~ONAL SURVEYOR AND MAPPER FlORI!>~ l,ICENSE NO..... Ui 4876 THIS Z1:dltAY OF ~ 2004. ... SEE SHEET 2 OF 2 FOR DESCRIPTION Ag nda Item No. 100 January 11, 2005 Page 115 of 242 ;,;~J:4: PROJECT .-.3m'1 z. \ PARCEL ~5 \ F OLI 0 éY'J411 in L{ (X)oL/ Ag nda Item No. 100 January 11, 2005 Page 116 of 242 SKETCH AND DESCRIPTION OF AN ACCESS EASEJlENT IN THE SW 1/4 OF iHE NW 1/4 OF SECl10N 11, lWP 50 S. RGE 26 E. COLLIER COUNTY, FLORIDA DESCRIPTION OF A PARCEL OF LAND L YlNG IN THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: (1)COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 11, THENCE RUN N8817'44"E, A DISTANCE OF 1,178.60 FEET ALONG THE NORTH LINE OF SAID SECTION; THENCE RUN SOO'49'42"W, A DISTANCE OF 1372.24 FEET ALONG A LINE THAT RUNS PARALLEL TO THE EAST LINE OF SAID NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 TO THE POINT OF BEGINNING; THENCE RUN N8B-04'44''E, A DISTANCE OF 155.18 FEET ALONG THE NORTH LINE OF SAID NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN SOO'49'42"W, A DISTANCE OF 216.7.3 FEET ALONG SAID EAST LINE; THENCE RUN NB9'10'1B"W FOR A DISTANCE OF 155.00 FEET; THENCE RUN NOO'49'42"E, A DISTANCE OF 209.29 FEET ALONG A LINE THAT RUNS PARALLEL TO SAID EAST LINE TO THE POINT OF BEGINNING, AND, (2)COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 11, THENCE RUN NBB17'44"E, A DISTANCE OF 1,178.60 FEET ALONG THE NORTH LINE OF SAID SECTION; THENCE RUN SOO'49'42"W, A DISTANCE OF 1596.59 FEET ALONG A LINE THAT RUNS PARALLEL TO THE EAST LINE OF SAID NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 TO THE POINT OF BEGINNING: THENCE RUN N89'10'18"E, A DISTANCE OF 155.00 FEET TO SAID EAST LINE; THENCE RUN SDO'49'42"W, A DISTANCE OF 111.18 FEET ALONG SAID EAST LINE; THENCE RUN S88·01'29"W FOR A DISTANCE OF 155.19 FEET; THENCE RUN NOO'49'42"E, A DISTANCE OF 118.77 FEET ALONG A LINE THAT RUNS PARALLEL TO SAID EAST LINE TO THE POINT OF BEGINNING, CONTAINING 50,8.38 S~UARE FEET OR 1.17 ACRES, MORE OR LESS. SEE SHEET 1 OF 2 FOR SKETCH -EFFREY C. COONER AND ASSOCIA 1£5. INC. SURVEYING AND MAPPING 3900 COLONIAL BLW., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 £MAIL: SURVEYlNGCK:OONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: .JI W CHEaŒD BY: J.N.W. PARCEL DESCRIPTION: DAlE: 8/3/C>+ SCAL£: N.A. IREV: 10/7/04 AN ACCESS EASEMENT IN n-tE NW 1/4 OF THE NW 1/+ OF SEC 11-50-26 PROJECT No: 020901 DWG No: SEC11T-AE(AE2)JSHEET: 2 OF 2 EXHIBIT~ Page.lU.-of ~ PROJECT --.:Jrff-ct 2.. \ PARCEl C\ 5 I FOLIO m~1 \(P4rYìJ7i SKETCH AND DESCRIPTION OF A 15' UTILITY EASEMENT IN THE SW 1/4 OF THE NW 1/4 OF SECllON 11, TWP 50 S, RGE 26 E, COLLIER COUNTY, FLORIDA NORTH UNE SECllON 11 7 --- N88'7'44"E'¡ 1163.59' "8 ~ P.O.C. NW CORNER OF SECllON 11 NOR"TH UNE OF THE N 1/2 OF THE N 1/2 OF SW 1/4 OF THE NW 1/4 N88'04'44"E 15.02' F.P.&L R/W EASEMENT 170' I!!.... ",,' :::-; zen I.IJI.IJ ~ ¡!:¡!:.... ~ ~I!!:::- CII I.IJ N" ~~ z,z ::¡-I.IJ ....z¡!: ~~I!! 'J P.O.B. S89'O'IS"E 155.00' N 1/2 OF THE N 1/2 OF SW 1/4 OF THE NW 1/4 FOUO NO.: 00411640004 155.00' N89'O'1S"W tSE:!: F.P.ti..-FLORIOA POWER '" UGHT CO. R/W - RIGHT-Or-WAY P.O.B.-POINT OF BEGINNING P.O. C.-POINT OF COMMENCEMENT 15.02' S88'OI'29"W ./ SOUTH UNE OF THE N 1/2 OF ~ THE N 1/2 OF "THE SW 1/4 OF THE NW 1/4 DESCRIPlION OF A 1S-FooT STRIP OF LAND L'r1NG IN THE NORTH 1/2 OF "THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECll0N 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT THE NORTHWEST CORNER OF SAID SECllON 11, THENCE RUN N88'7'44"E, A DISTANCE OF 1,163.59 FEET ALONG THE NORTH UNE OF SAID SECllON: THENCE RUN SOO'49'42"W, A DlSTANC£ OF 1372.30 FEET ALONG A UNE THAT RUNS PARAlLEL TO THE EAST UNE OF SAID NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 TO THE POINT OF BEGINNING; THENCE RUN N8S'04'44"E, A DISTANCE OF 15.02 FEET ALONG THE NORTH UNE OF SAID NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4: THENCE RUN SOO'49'42"W, A DISTANCE OF 209.29 FEET ALONG A UNE THAT RUNS PARALLEL TO SAID EAST UNE; THENCE RUN S89'0'1S"E FOR A DISTANCE OF 155.00 FEET TO SAID EAST UNE; THENCE RUN SOO'49'42"W. A DISTANCE OF 15.00 FEET ALONG SAID EAST UNE; THENCE RUN N89'0'18"W; A DISTANCE OF 155.00 FEET: THENCE RUN SOO'49'42"W, A DISTANCE OF 118.77 FEET ALONG A UNE THAT RUNS PARALlEL TO SAID EAST UNE: THENCE RUN S88'01'29"W, A DISTANCE OF 15.02 FEET ALONG THE SOUTH UNE OF SAID NORTH 1/2 OF THE NORm 1/2 OF THE SOUTHWEST 1/4 Of' THE NORmWEST 1/4: THENCE RUN NOO'49'42"E, A DISTANCE OF 343.07 FEET ALONG THE WEST UNE OF A 170-FooT FLORIDA POWER AND UGHT RIGHT-OF-WAY EASEMENT, SAID UNE RUNNING PARAllEL TO SAID EAST UNE, AND TO THE POINT OF BEGINNING. CONTAINING 7,471 SQUARE FEET OR 0.17 ACRES, MORE OR LESS. ___0<-.:.'': ·L~ JAME~':;'~~' (FOR mE FIRM LB6773) PReFESSlONAl SURVEYOR AND Þ.4APPER FLORIDA UCENSE NO. ..S~4876 THIS 1Z..I.ÞOA Y ~ 2004. t:tCJI: THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECll0N 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEÞ.4, Fl.A. EAST ZONE, '83190. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCI A 1ES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGOCOONER.COM UENT: GREElEY AND HANSEN, LtC DRA'M-I BY: JNW CHECKED BY: J.N.W. &.RCEL DESCRJPilON; DATE: 8/3/04 SCALE: 1".100' REV: 10/20/04 ,5' UllUTY EASEMENT IN mE SW 1/4 OF 'IrIE NW 1 4 OF SEC 11-50-26 PROJECT No: 020901 DWG No:SEC11T-AE(P2) SHEET; 1 OF 1 Ag nda Item No.1 00 January 11, 2005 _ 'page 117 of 242 EXHIBIT A Page.J.ll..of ~ PROJECT ....:t()~'12. \ PARCEL 15:+.. FOLIO CV+I01,:W-OOOS - TEMPORARY CONSTRUCTION EASEMENT (DURATION: ~ YEARS FROM COMMI':NŒMENT OF CONSTRUCTION) ---- --- --- SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION "ELL NO. 5 IN THE SE 1/4 OF THE NW 1/4 OF SECllON 11, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA u.. u..0 0-t-t w.................. z...- :Jw~ t-(/)Z (/)ww ~~~ L ~P.o.c. F NW CORNER OF 8~ THE SE 1/+ OF IÓ'" THE NW 1/+ 0'):" -8 (/ SE 1/4 OF THE NW 1/4 PROPOSED PRODUCTION UTILITY ~~~O. 5 -,::ASEMENT ~ENT FOLIO NO.: ~ 00410640005 . ~ i F.P .&L R/W EASEMENT 8 ~ 58810'18"E ¿J 8~ IÓ'" 1D:r 8 z ~ F.P.&l..-FLORIDA POWER & UGHT co. P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT R/W - RIGHT-Of-WAY 100.00' NS910'1S"W DESCRIPTION: A PARCEl LYING IN TIiE SOUlìiEAST 1/+ Of THE NORTIiWEST 1/4 Of SECl10N 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA, DESCRIBED AS F0l1.0W: C0t.4MENClNG AT TIiE NORTIiWEST CORNER OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4, TIiENCE RUN SOUTH 00'49'42· WEST, A DISTANCE Of 135.00 FEET ALONG TIiE WEST UNE OF SAID SOUTHEAST 1/4 OF lìiE NORTHWEST 1/4 TO THE POINT Of BEGINNING: THENCE RUN SOUTH 8910'18" EAST, A DISTANCE OF 100.00 FEET; TIiENCE RUN. SOUTH 00'49'42" WEST, A DISTANCE OF 180.00 FEET ALONG A UNE TIiAT IS PARALLEL Wl1H SAID WEST UNE; 1HENCE RUN NORTH 8910'18" WEST, A DISTANCE OF 100.00 FEET TO SAID WEST UNE; THENCE RUN NORTH 00'49'42" EAST, A DISTANCE OF 65.00 FEET ALONG SAID WEST UNE; THENCE RUN SOUTH 8910'18" EAST, A DISTANCE OF -«>.00 FEET; THENCE RUN NORTH 00'49'42" EAST, A DISTANCE OF 50.00 FEET; THENCE RUN NORTH 89'0'18" WEST. A DISTANCE Of 40.00 FEET TO SAlO WEST UN£; THENCE RUN NORTH 00'49'42" EAST, A DIST,\NCE Of 65.00 FEET ALONG SAID WEST UNE TO THE POINT OF BEGINNING. CONTAINING 16,000: sq. Ft., OR 0.38 Ac. t.4ORE OR LESS. tiQIE; THE PARCEl BEARING, DISTANCES, AND AREAS CALCULA'Im ARE BASED ON A F1ELD SURVEY OF SECtiON 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEt.4, FlA. EAST ZONE, '83í90. . WlÌJ<ISON (FOR THE F1Rt.4 L.B6773) PRO ONAL SURVEYOR AND MAPPER FLOI!!.~A l,J~SE NO. LS 4876 THI~AY Of ~2004. THIS IS NOT A SURVEY \Jtf.. KEY C. COONER AND ASSOaA TES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGClCOONER.COI.4 CUENT: GREElEY AND HANSEN, u.c DRAWN BY; ..tIM CHECKED BY: PARCEL DESCRIPll0N: WELL NO.5 DATE: 8/14/04 SCALE: '"-60' REV: 10/20/04 TEMP. CONSTRUCl1ON EASEMENT IN THE SE 1 4 OF THE NW 1 4 OF SEe 11 50 26 PROJECT No: 020901 DWG No: SEC11W-TCE(TC SHEET: 1 OF 1 Ag ndaltem NO.1 OD January 11, 2005 Page 118 of 242 EXHIBIT A Pagl!l...wLof :¡¡;£: PROJECT 10<6'12. L PARCEL QS:-:L FOL 10 (VL\ \ac.t..la1"J5"" SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 5 IN THE SE 1/4 OF THE NW 1/4 OF SECTION 11, TWP 50 S, RGE 26 E. COWER COUNTY, FLORIDA ~ F.P.&L-FLORIDA POWER & LIGHT CO. P.O.B. - POINT OF' BEGINNING P.O.C. - POINT OF' COMMENCEMENT R/W - RIGHT-OF-WAY "'- P.O.C. NW CORNER OF . ~ THE SE 1/4 OF <...... ~~ THE NW 1/4 --8Ò1 <>I:," 8 If) u., u.,O 0..r..r W,-'- Z...... :Jw3= ¡.....(/)Z (/)ww ~¡;ï= L P.O.B. S89'O'18"E SE 1/4 OF THE NW 1/4 FOUO NO.: 40.00' EI: 00410640005 8 ~ ..... ~ ÒI WELL SITE i t' ~ NO.5 ~ 8 r~ 8 ~ z 40.00' N89'O'18"W /. -- - , - PROPOSED UTILITY EASEMENT --- F.P.&L. R/W EASEMENT DESCRIPTION: A PARCEL LYING IN THE SOUTHEAST 1/4 OF' THE NORTHWEST 1/4 OF SECllON 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLUER COUN1Y, FLORIDA, DESCRIBED AS FOLLOW: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHEAST 1/4 OF' THE NORTHWEST 1/4, THENCE RUN SOUTH 00'49'42" WEST, A DISTANCE OF 200.00 FEET AlONG THE WEST LINE OF' SAID SOUTHEAST 1/4 OF' THE NORTHWEST 1/4 TO THE POINT OF' BEGINNING; THENCE RUN SOUTH 8910',18" EAST, A DISTANCE OF 40.00 FEET; THENCE RUN SOUTH 00'49'42" WEST, A DISTANCE OF' 50.00 FEET AlONG A LINE THAT IS PARALLEL WITH SAID WEST LINE; THENCE RUN NORTH 8910'18" WEST, A DISTANCE OF 40.00 FEET TO SAID WEST UNE; THENCE RUN NORTH 00'49'42" EAST, A DISTANCE OF' 50.00 FEET ALONG SAID WEST UNE TO THE POINT OF' BEGINNING. CONTAINING 2,000 Sq. Ft., OR 0.05 Ac. MORE OR LESS. ~;:i- ~~-;Ë~~~ LB6773) PR ONAl SURVEYOR AND MAPPER Fl OA UCENSE NÕ. LS 4876 THIS ~~AY OF' ..!2.r:;::;" 2004. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 3.3912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGCCOONER.COI.4 '" lcUENT: GREElEY AND HANSEN, LLC DRA\'nII BY: JNM CHECKED BY: J.N.W. o\RCEL DESCRIPTION: WELL NO.5 DATE: 8/14/04 SCALE: 1"-30' IREV: 10/20/04 ,'RODUCTlON WELL. UTlLl1Y EASEMENT IN TH I SE 1/4 OF 11-IE NW 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWG No: SEC11W-TCE(P!5)ISHEET: 1 OF 1 tiQIE; 1HE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FlELD SURVEY Of' SECll0N 11. BASIS OF' BEARING: STATE PLANE CooRDINATE SYSTEM, FLA. EAST ZONE, '83/90. _.0__'- Ag nda Item NO.1 00 January 11, 2005 Page 119 of 242 EXHIBIT 1+ Page.M-of ~ PROJECT ~ PARCEL - F Oll 0 Q:>I-\ \0 Cð '&'" x,o,\ Ag nda Item No. 100 January 11, 2005 Page 120 of 242 SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN ltIE NW 1/4 OF ltIE NW 1/4 OF SEC1l0N 11, TWP 50 S, RGE 26 E. COLLIER COUNTY. FLORIDA ,.-- N88' 7' 44-"E 1178.60' ....... NOR1H UNE SECTION 11 1i 1\ 155.15' I 1'-- P.O.B.(') \-NE CORNER Of' ll-iE NW 1/4 OF ll-iE NW 1/4 I ~ ~ N ~ 170' ~ F.P.&L. R/W .....z . i!=w EASEMENT . 15¡!: '!J i wl5 z :Jor "- N89'0'18"W ~; 155.00' wz 155,00 589'0'18"E 'f ...4 ~ U! i ~ i1 ~ --- ~P.O.C. NW CORNER OF SECTION 11 t in NW 1/4 OF ltIE NW 1/4 :=3!z; ~~~ ;¡~ FOUO NO.: êï :J w g: or 00410680007 0: "" ~ g, "C{ ~ P.O.B.(2) ~ t, ~ ~ "4., J&I 8~ ~i z 155.18' " L SOU1H UNE OF 1HE NW '/4 OF 11-IE NW 1/4 IŒï: F.P.&I...-FLORIDA POWER & UGHT CO. R/W - RIGHT-OF-WAY P.O.B.-POINT OF' BEGINNING P.O.C.-POINT OF COMMENCEMENT SEE SHEET 2 OF 2 FOR DESCRIPTION --§- ---~~ JAM N. WlLJ( SON (FOR 1HE FIRM LB677:5) PR SSlONAL SURVEYOR AND MAPPER ~ ~~i~ ~~~4. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FlORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, U.C DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRIPllON: DATE: 7/31/04 SCALE: 1".100' I REV: 10/20/04 AN ACCESS EASEMENT IN 11-IE NW 1/4 OF 1HE NW '-i¡ OF SEC 11-50 26 PROJECT No: 02090' DWG NO:SECI1T-AE(AE1) ISHEET: , OF 2 tI.Q]E; 11-IE PARCEL BEARING, DISTANCES, AND AREAS CALCULA1ED ARE BASED ON A FIELD SURVEY OF SECTION 1'. BASIS OF BEARING: STATE PlANE COORDINATE S't'STEM. FLA. EAST ZONE, '8:5/90. EXHIBIT -b page..J.U,-of ~ PROJECT ~C~ 2.. L PARCEl ~ FOLIO 0")'-1 1()(o~CW'7 SKETCH AND DESCRIPTION OF AN ACCESS EASEJlENT IN THE NW 1/4 OF THE NW 1/4 OF SECllON 11, TWP 50 S, RGE 26 Eo COWER COUNTY, FLORIDA .- DESCRIP1l0N OF A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SEC1l0N 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: (1 )COMMENCING AT THE NORTHWEST CORNER OF SAID SEC1l0N 11, THENCE RUN N8Si7'44"E, A DISTANCE OF 1,178.60 FEET ALONG THE NORTH LINE OF SAID SEC1l0N TO THE POINT OF BEGINNING; THENCE CONTINUE N88ï7'44"E ALONG SAID LINE, A DISTANCE OF 155.15 FEET TO THE NORTHEAST CORNER OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN SOO'49'42"W, A DISTANCE OF 285.01 rEET ALONG THE EAST LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 (ALSO BEING THE EAST LINE OF A HO-FOOT FLORIDA POWER AND LIGHT RIGHT-OF-WAY EASEMENT); THENCE RUN N89iO'18"W, A DISTANCE OF 155.00 FEET; THENCE RUN NOO'49'42"E, A DISTANCE OF 278.16 rEET ALONG A LINE THAT RUNS PARALLEL TO SAID EAST LINE TO THE POINT OF BEGINNING, AND, (2)COMMENCING AT THE NORTHWEST CORNER OF SAID SEC1l0N 11, THENCE RUN N88i7'44"E, A DISTANCE OF 1,176.60 FEET ALONG THE NORTH LINE OF SAID SECTION; THENCE RUN SOO'49'42"W, A DISTANCE OF 293,16 FEET ALONG A LINE THAT RUNS PARALLEL TO THE EAST LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 TO THE POINT OF BEGINNING; THENCE RUN S8910'18"E, A DISTANCE OF 155.00 FEET TO SAID EAST LINE; THENCE RUN SOO'49'42"W, A DISTANCE OF 1,071.64 FEET ALONG SAID EAST LINE (ALSO BEING THE EAST LINE OF A 170-FOOT FLORIDA POWER AND LIGHT RIGHT-OF-WAY EASEMENT); THENCE RUN S88'04'44"W, A DISTANCE OF 155.18 FEET ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN NOO'49'42"E, A DISTANCE OF 1,079.08 FEET ALONG A LINE THAT RUNS PARALLEL TO SAID EAST LINE TO THE POINT or BEGINNING. CONTAINING 210,327 SQUARE FEET OR 4.83 ACRES, MORE OR LESS. SEE SHEET 1 OF 2 FOR SKETCH Ð='FREY C. COONER AND ASSOCIATES, INC. SUR'IE't'ING AND MAPPING 3900 COLONIAL BLVD" SUITE 4, FORT MYERS, flORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlI.: SUR'IE't'INGCCOONER.COM --<:UENT: GREElEY AND HANSEN, LLC DRAWN BY: .NW CHECKED BY: J.N.W. '-RCEl. DESCRIPllON: DATE: 7/31/04 SCALE: N.A. tREV: 10/7/04 I AN ACCESS EASEMENT IN THE NW 1/4 OF THE NW 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWG No: SECI1T-AE(AEI) I SHEET: 2 OF 2 . Ag nda Item No. 10D January 11 , 2005 Page 121 of 242 ;';~J* PROJECT r-t(~Z \ PARCEl CiS3 FOL ro Ó')L(,n(p9\(ft):1 SKETCH AND DESCRIPTION OF A 15' UTILITY EASEMENT IN 11-IE NW 1/4 OF 11-IE NW 1/4 OF SECTION 11, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA NOR'TH UNE SECTION 11 7 -~' '--15.01' P.O.B. l~ ~~ -f- - - - ""-P.O.C. NW CORNER OF' SECTION 11 N88,7'44"E I 1163.59' ~ ~ N F.P.&L. R/W EASEMENT 170' ¡. NW 1/4 OF THE NW 1/4 FOLIO NO.: 00410680007 . . ~ ~ ª ~ Z~ w':::- 8 · ¡;~ iii ~ ~~ ï ~~: S8~2g:~~~E \ ¡,¡ ~ 0 ~-t w... 155.[)(f ........ I N89,b'18"W . """"J ~ ~ Iæt F'.P.&L.-FLORIOA POWER & UGHT CO. R/W - RIGHT-OF'-WAY P.O. B.-POINT OF' BEGINNING P.O. C.-POINT OF' COMMENCEMENT é ~ f4! ~ . 8'~~~~ Z aim ~~ 1M2' ~ j! S88~' 44"W SOU'TH UNE OF' 'THE NW 1/4 OF' THE NW 1/4 DESCRIPl10N OF' A 15-F'00T STRIP OF' LAND LYING IN THE NOR'THWEST 1/4 OF' 'THE NOR'THWEST 1/4 OF SECTION 1" TOWNSHIP 50 SOU'TH, RANGE 26 EAST, COWER COUNTY, FLORIDA: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 1" THENCE RUN N66'7'44"E, A DISTANCE OF 1,153.59 FEET ALONG THE NOR'TH UNE Of' SAID SECTION TO 'THE POINT OF BEGINNING; THENCE CONTINUE N88,7'44"E ALONG SAID UNE, A DISTANCE Of' 15.01 FEET; 'THENCE RUN SOO'49'42"W, A DISTANCE OF' 278.16 FEET ALONG A UNE 'THAT RUNS PARALlEL TO 'THE EAST UNE OF' SAID NOR'THWEST 1/4 OF THE NORTHWEST 1/4; 'THENCE RUN S69'O'18"E, A DISTANCE Of' 155.00 FEET TO SAID EAST UNE; 'THENCE RUN SOO'49'42"W, A DISTANCE OF 15.00 FEET ALONG SAID EAST UNE; 'THENCE RUN N89'O'18"W, A DISTANCE OF' 155.00 FEET; THENCE RUN SOO'49'42"W, A DISTANCE OF' 1,079.08 FEET ALONG A UNE THAT RUNS PARALlEL TO SAID EAST UNE: THENCE RUN SSS'Q4'44"W, A DISTANCE Of 15.02 FEET ALONG THE SOUTH UNE OF SAID NOR'THWEST 1/4 OF THE NOR'THWEST 1/4; 'THENCE RUN NOO'49'42"E, A DISTANCE Of 1,372.30 FEET ALONG 'THE WEST UNE OF' A 170-FOOT FLORIDA POWER AND UGHT COMPANY RIGHT-OF'-WAY EASEMENT, SAID UNE RUNNING PARALlEL TO SAID EAST UNE AND TO 'THE POINT Of BEGINNING. CONTAINING 22.909 SQUARE FEET OR 0.53 ACRES, MORE OR LESS. _~~J.~~ J N. Yo1U<ISON (FOR 'THE ARM LB5773) PR ONAL SURVEYOR AND MAPPER FLORIDA WCENSE Nq. I¡> 4876 'THIS ~DAY OF0...f::.. 2004. ~ THE PARCEL BEARING, DISTANCES, AND AREAS CALCULA'TED ARE BASED ON A FIELD SURVEY OF' SECl10N 11. BASIS OF' BEARING: STATE PLANE COORDINATE SYSTEM. FLA. EAST ZONE, '83Î90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD" SUllE 4, FORT MYERS, FLORIDA 33912 PHONE; (239)277-0722 FAX: (239)277-7179 EMAlL: SURVE'YINGOCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W. PARCEL DESCRlPll0N: DAlE: 7/31/04 SCALE: '"-100' I REV: 10/20/04 15' UT1UTY EASEMENT IN 'THE NW 1/4 OF' 'THE NW i¡¡ Of SEC 11-50-26 PROJECT No: 020901 DWG No: SEC11T-AE(P1:tSHEET: 1 OF' , Ag nda Item No. 100 January 11, 2005 ~age 122 of 242 EXHIBIT-Á- page.J1!..of ~ PROJECT ~ PARCEL ~ FOLIO ()?-1 \()'X4aÐq TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) --_._.._---~_._--- SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO. 4 IN THE NE 1/4 OF THE NW 1/4 OF SECTION 11, TWP 50 S, RGE 26 E, COWER COUNTY. FLORIDA NOR'" UNE OF SECTION 11 - - - - ~~'gÖRNER-~ THE NE 1/4 or THE NW 1/4 I.&.. 1.&..0 ~ ~ ~ P.O.B. Z....- :Jw3: -ZZ VJww ~F£F£ L -- --- ;II: 8~ < ~~ I/) 589'0'18"[ 100.00 m: F.P.&l.-FLORIDA POWER ok UGHT CO. P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT R/W - RIGHT-OF-WAY .... 8~ g~ 8 z N89'0'18.W 40.00--'-- .... õ"- .... ~ ¡:: c::i z 0." gz~LiJ ~¡ 8;.jiª~ i~ 8:~::>.., ~ 40.00' 589'O'18·E ~ . . 8'5!! d"- rø8 z 8 ~ t~ ~~ ¡. ;II: ~ ¡ ~ NE 1/4 OF THE NW 1/4 FOUO NO.: 00410840009 .. ~ --- -;;;;;ÕSED ') - UilLliY EASEMENT F.P.&L. R/W EASEMENT DESCRIPTION: 100.00' N89'O'18"W A PARCEl. LYING IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 Of SEC1l0N 11. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, flORIDA, DESCRIBED AS fOLLOW: COMMENCING AT THE NORTHWEST CORNER Of SAID NORTHEAST 1/4 OF THE NORTHWEST 1/"', THENCE RUN SOUTH 00·...9·42· WEST, A DISTANCE OF' 200.00 FEET ALONG THE WEST UNE or SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4 TO THE POINT Of BEGINNING: THENCE RUN SOUTH 89'10'18· EAST, A DISTANCE OF' 100.00 FEET: THENCE RUN SOUTH 00'49'42· WEST. A DISTANCE Of 180.00 FEET ALONG A UNE THAT IS PARAu.EL ~TH SAID WEST UNE; THENCE RUN NOR"TH 89'10'18" WEST, A DISTANCE Of 100.00 FEET TO SAID WEST UNE; THENCE RUN NORTH 00'49'42· EAST, A DISTANCE Of 60.00 FEET ALONG SAID WEST UNE; THENCE RUN SOUTH 89'10'18" EAST, A DISTANCE OF 40.00 FEET; THENCE RUN NORTH 00'49'42· EAST, A DISTANCE Of 60.00 FEET; THENCE RUN NORTH 89'10'18" WEST. A DISTANCE Of 40.00 fEET TO SAID WEST UNE; THENCE RUN NORTH 00'49'42· EAST, A DISTANCE OF' 60.00 FEET ALONG SAID WEST UNE TO THE POINT OF' BEGINNING. CONTAINING 15612 Sq. Ft.. OR 0.36 Ac. MORE OR LESS. ;~-~~~;~~E~~~ LB6773) PR~~^L 5UR\lEYOR AND ~APPER FLORIDA \.ICENSE' NO."µ¡ .-iB76 THIS7~"DA Y OF J;!LJ,L 2004. tI.c:œ: THE PARCEL BEARING, DISTANCES. AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY Of SECTION 11. BASIS Of BEARING: STATE PLANE COORDINATE SYSTEM. FlA. EAST ZONE. '83/90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCI A TESt INC. SURVE'I'1NG AND WAPPING 3900 COLONiAl BLVD.. SUITE 4. FORT WYERS. FLORIDA 33912 PHONE: (239)277-0722 F"AX: (239)277-7179 DAAlL: SURVE'I'1NGCCOONER.COM ."" lCLJENT: GREELEY AND HANSEN. u.c ORA~ BY: .lNM CHECKED BY: J.N.W. 4.RCEL OESCRIPll0N; WELL NO, + DATE: 8/14/04 SCAlE: 1·.60' IREV: 10/20/0+ ,EMP. CONS1RUCTION EASEMENT IN THE I NE 1/4 Of THE NW 1/4 Of SEC 11-50-26 PROJECT No: 020901 bwo NO:sEC11W-TCE(TC4) I SHEET: 1 Of 1 ----"'.- ,',"-- Ag nda Item NO.1 00 January 11, 2005 Page 123 of 242 EXHIBIT4 p ag e -JJ!f- of --fJll.;;.J.. PROJECT ~ PARCEL ~ FOLIO m41()~òC{ SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 4 IN lHE NE 1/4 OF lHE NW 1/4 OF SECT10N 11, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA -- NORlH LINE OF-SECTION ~ ~ ~P.O.C. :I: NW CORNER OF' '8 N '!HE NE 1/4 OF . ~ '!HE NW 1/4 0.,. <D. ('18 1/1 I.&.. 1.&..0 O~~ W" Z_...... :::::¡w~ ....ZZ !nww ~FF L < P.O.B. S89'O'18"E NE 1/4 OF lHE NW 1/4 040.00 ~ FOUO NO.: . N 00410840009 ~8 .. Ò> 0 ~ <D ~ WELL SITE t, .,¡ NO.4 . ~ 8 ¡" g ~~ ~ 8 z 040.00' NS9'O'1S0W J. - - - PROPOSED UTILITY EASEMENT -- - F.P.&L R/W EASEMENT D£SCRIPTlON: A PARCEL LYING IN '!HE NOR'!HEAST 1/4 OF '!HE NOR'!HWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOU'!H, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOW: COMMENCING AT '!HE NOR'!HWEST CORNER OF SAID NOR'!HEAST 1/4 OF '!HE NORTHWEST 1/4, THENCE RUN SOU'!H 00'49'42° WEST, A DISTANCE OF 260.00 FEET ALONG '!HE WEST UNE OF SAID NOR'!HEAST 1/4 OF '!HE NOR'!HWEST 1/4 TO THE POINT OF BEGINNING: THENCE RUN SOU'!H 89'0'18" EAST, A DISTANCE OF 40.00 FEET; '!HENCE RUN SOUTH 00'49'42° WEST, A DISTANCE OF 60.00 FEET ALONG A UNE '!HAT IS PARAU.EL WI'IH SAID WEST UNE: '!HENCE RUN NOR'IH 89'10'18° WEST, A DISTANCE OF 4ù.00 FEET TO SAID I'ÆST UNE: THENCE RUN NORTH 00'49'42° EAST, A DISTANCE OF 60.00 FEET ALONG SAID WEST UNE TO '!HE POINT OF BEGINNING. W: CONTAINING 2.400 Sq. Ft.. OR 0.06 Ac. MORE OR LESS. F.P.&L-FLORIDA POWER '" UGHT CO. P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COM...ENCEldENT R!W - RIGHT-OF-WAY ;~--Q~ËFiRM LB6773) PR~OfW.. SURVEYOR AND MAPPER floRIDA UCEN$£ NO. I.S 4876 '!HIS~DAY OF~ 2004. W2:œ '!HE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FJELD SURVEY OF SECTION 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTE.... FlA. EAST ZONE, 'S3Î90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGCCOONER.COM CUENT: GREELEY AND HANSEN. LLC DRA'MII BY: .lNM CHECKED BY: J.N.W. PARCEL DESCRIP110N: WELL NO.4 DATE: 8/14/04 SCALE: 1".30' IREV: 10/20/04 PRODUCTION WELL UTlUTY EASEMENT IN TH NE 1/4 OF THE NW 1/4 OF SEC 11-50-26 PROJECT No: 020901 DWO No: SEC11W-TCE(P4)ISHEET: , OF 1 Ag nda Item NO.1 00 January 11, 2005 Page 124 of 242 ¡:XHIBIT -k page.1JlL of PROJECT ~ PARCEl ~5::-) FOLIO _ 3?'19OX:O~ SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN TRACT G.C.-2, OF FOREST GLEN OF NAPLES, SECTION 2, T\W 50 S, RGE 26 E, COWER COUNTY, FlORIDA R-4ðO,OO' L-S8.20' boo 7'24'35" C-58.15' COS-N8T43' 46"E FOUO NO,: 32720000222 R-300.00' L-108.45' b0020'9'49" C-1os.89' COS-N74'1'23"E 1:1 ~ PROPOSED 15' ~TY ''''''ENT 1RACT G.C.-2 PB 31. PG 94-103 ~ Wi CII !!! W: C-CHORD COB-CHORD BEARING F".P.&L.-FlORIDA POWER '" UGHT CO. L-LENG'TH O.R. - OFFICIAL RECORD BOOK/PAGE R-RADIUS R/W - RIGHT-OF-WAY PB - PLAT BOOK PG - PAGE P.O.B.-POINT Of BEGINNING P.O. C.-POINT OF COMMENCEMENT ð. - DElTA ANGlE N88,7'44"E 170' F".P .&1.. EASEMENT ~I O.R. 13 850/974 ~I ~ 8 ~ z . I~ z ~ ~ ~ ~ [SOU'TH UNE OF F"OREST GLEN Of NAPLES, PB 31, PO 94-103 AND SECTION 2 SEE SHEET 2 Of 2 FOR DESCRIPTION 1178.56' P.O.C. P.O.B. 11 SW CORNER ~CTlON 2 J~~;'~~~~~ LS6773) PROF'ESStONAL SURmOR AND MAPPER FlOR~~CENSE NO. LS 4676 'THIS AY OF ~2004. WLœ 'tHE PARCEL BEARING. DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF" SECTION 2. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM. FlA. EAST ZONE, '83(90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 aAAlL: SURVEY1NGCCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JRF CHECKED BY: J.N.W. )ARCEL DESCRIPll0N: DATE: 8/29/04 SCALE: 1"-200' REV: 10/20/04 ACCESS EASEMENT IN 1RACT G.C.-2. F"OREST GLEN OF NAPLES, OF SEC 2-50-2 PROJECT No: 020901 DWG No:SEC2T-AE(AE2) SHEET: 1 OF 2 --.--.-. Ag nda Item No. 10D January 11, 2005 Page 125 of 242 EXHIBIT --1:š page~Oi PROJECT ~D~q 2..1 PARCEL C\S£ FOLIO ~'l~)()O~ SKETCH AND DESCRIPTION OF AN ACCESS EASEJlENT IN "TRACT G.C.-2, OF FOREST GLEN OF NAPLES, SECllON 2, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA DESCRIP'T1ON; A PARCElS OF LAND LYING TRACT G.C.-2, FOREST GLEN OF NAPLES, PLAT BOOK 31 PAGE 94-103, AS RECORDED IN lHE PUBUC RECORDS OF COWER COUNTY, FLORIDA. ALSO BEING IN SEC'T10N 2, TOWNSHIP 50 SOUi1i, RANGE 26 EAST: (1)COMMENClNG AT THE SOUTHYÆ:ST CORNER OF SAID SEC'T1ON 2, THENCE RUN N88"17'44"E, A DISTANCE OF 1,178.56 FEET ALONG THE SOUTH UNE OF SAID FOREST GLEN OF NAPLES AND SAID SECTION 2 TO THE POINT OF BEGINNING; THENCE RUN NOO'46'25"E, A DISTANCE OF 1701.85 FEET ALONG A UNE THAT RUNS PARAU.EL TO i1iE YÆ:ST UNE OF A HO-FooT FLORIDA POWER AND UGHT RIGHT-OF-WAY EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 850, PAGE 974, SAID PUBUC RECORDS, AS IT UES IN SAID TRACT G.C.-2; i1iENCE RUN 589"13'35"E, A DISTANCE OF 155.00 FEET TO THE EAST UNE Of SAID FLORIDA POWER AND UGHT RIGHT-OF-WAY EASEMENT: i1iENCE RUN SOO'46'25"W, A DISTANCE OF 1695.14 FEET ALONG SAID EAST UNE; THENCE RUN S88"17'44"W. A DISTANCE Of 155.15 FEET ALONG SAID SOUTH UNE TO THE POINT OF BEGINNING, AND, (2)COMIAENClNG AT THE SOUTHYÆ:ST CORNER OF SAID SECTION 2, THENCE RUN NB8"17'44"E, A DISTANCE OF 1,178.56 FEET ALONG THE SOUi1i UNE Of' SAID FOREST GLEN OF NAPLES AND SAID SECTION 2; THENCE RUN NOO'46'25"E, A DISTANCE OF 1716.85 FEET ALONG A UNE niAT RUNS PARALLEL TO niE YÆ:ST UNE OF A 170-FooT FLORIDA POWER AND UGHT RIGHT-Of-WAY EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 850, PAGE 974, SAID PUBue RECORDS, AS IT UES IN SAID TRACT G.C.-2 TO THE POINT Of BEGINNING; niENCE RUN NOO'46'25"E, A DISTANCE Of 378.08 FEET TO THE SOUni UNE OF TRACT "A" (fOREST GLEN BOULEVARD) AND A POINT ON A NON-TANGENT CURVE TO THE LEFT, OF RADIUS 300.00 FEET; THENCE RUN A DISTANCE OF 106.45 FEET ALONG SAID CURVE AND SAID SOUlH UNE i1iROUGH A DELTA ANGLE OF 20"19'49" (CHORD DISTANCE Of 105.89 FEET BEARING N74"11'23"E) TO A POINT Of REVERSE CURVE; niENCE RUN A DISTANCE OF 58.20 FEET ALONG niE ARC OF A CIRCULAR CURVE TO THE RIGHT, OF RADIUS 450.00 FEET THROUGH A DELTA ANGLE OF 07'24'35" (CHORD DISTANCE Of' 58.15 FEET BEARING N6T43'46"E) ALONG SAID SOUlH UNE; THENCE RUN SOO'46'25"W, A DISTANCE Of' 431.07 FEET ALONG THE EAST UNE OF SAID FLORIDA POYÆ:R AND UGHT RIGHT-Of-WAY EASEMENT; THENCE RUN N89"13'35"W, A DISTANCE Of' 155.00 FEET TO THE POINT Of BEGINNING. CONTAINING 325,333 SQUARE FEET OR 7.47 ACRES, MORE OR LESS. SEE SHEET 1 OF 2 fOR SKETCH JEFft<EY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, flORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 "£MAIL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, LlC DRAWN BY; JRF CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 8/29/04 SCALE: NA I REV: ACCESS EASEMENT IN TRACT G.e.-2, FOREST GLEN OF NAPLES. OF SEC 2-50-2E PROJECT No: 020901 DWG No;SEC2T-AE(AE2) I SHEET: 2 OF 2 Ag nda Item No. 100 January 11,2005 Page 126 of 242 EXHIBIT 1+ "IG.~of --1ltž ;:~~~~~~~~~ fOLIO 3~'1¥'rYYì~ 0- SKETCH AND DESCRIPTION OF A 16' UTILITY EASEMENT IN TRACT G.C.-2, OF FOREST GLEN OF NAPLES, SECTION 2, TWP 50 S, RGE 26 E, COLUER COUNTY, FLORIDA R-300.oo' L-15.08' b-02~2'3J- 0.;.15.06' CDB-N85'47'34-E FOUO NO.: 32720000222 2 ~ TRACT G.C.-2 170' F.P.&:L I EASEMENT O.R. 850/974 ~ ~ I . co.! ~ ) I z ~ I [SOUTH UNE OF FOREST GL£N OF' NAPL£S, PB 31, PG 94-103 AND SECTION 2 IŒY: C-CHORD COB-CHORD BEARING F.P.&:L-FLORIDA POWER &: UGHT CO. L-L£NGTH O.R. - OFFICIAL RECORD BOOK/pAGE R-RADIUS R/W - RIGHT-OF-WAY PB - PLAT BOOK PG - PAGE P.O.B.-POINT OF' BEGINNING P.O.C.-POINT OF COMMENCEMENT ð. - DELTA ANGLE P.O.B. N88'17'44-E P.O.C. SW CORNER SECTION 2 '163.55' SEE SHEET 2 OF 2 FOR DESCRIPTION J ~.-;;.:;;:~.. ...773) P~~~ SURVEYOR AND Iro4APPER FLORß)A UCENSE NO. L.S 4876 TH S~ DAY OF' Q!!ð::::. 2004. wm: THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FlELD SURVEY OF SECTION 2. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83/90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCI A TESt INC. SURVE't1NG AND MAPPING 3900 COLONIAL BLVD" SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAJL: SURVEYlNGCCOONER.COM ENT: GREELEY AND HANSEN, LLC DRAWN BY: JRF CHECKED BY: J.N.W. ARCEL DESCRIPTION: DATE: 8/29/04 SCALE: 1--200' 15' UT1UTY EASÐ.4ENT IN TRACT G.C.-2, FOREST GLEN OF NAPL£S, OF SEC 2-50-2 PROJECT No: 020901 DWG NO:SEC2T-AE(P2) REV: 10/20/04 SHEET: 1 OF 2 Ag nda Item No. 10D January 11, 2005 Page 127 of 242 eXHIBlT A l!IiG'.,œ.. of ..JU PROJECT ~()9..c:,z. I PA~CEl 9'5'1 FOL 10 ~~Il,¥)W()~ SKETCH AND DESCRIPTION OF A 1S' UTILITY EASEMENT IN TRACT G.C.-2, OF FOREST GLEN OF NAPLES, SECTION 2, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA QESCRIP'T1ON: A 1S-FOOT S1RIP OF LAND LYING 1RACT G.C.-2, FOREST GLEN OF NAPLES, PLAT BOOK 31 PAGE 94-103, AS RECORDED IN THE PUBUC RECORDS OF COLUER COUNTY, flORIDA, ALSO BEING IN SECi10N 2, TOWNSHIP 50 SOUTH. RANGE 26 EAST: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECi10N 2, "THENCE RUN NB817'44"E, A DISTANCE Of 1,163.55 FEET ALONG THE SOUTH UNE OF SAID FOREST GLEN Of NAPLES AND SAID SECi10N 2 TO "THE POINT OF BEGINNING; "THENCE RUN NOO"46'25-E, A DISTANCE OF 2094.28 FEET ALONG "THE WEST UNE OF A 170-FOOT flORIDA POWER AND UGHT RIGHT-OF-WAY EASEMENT, AS RECORDED IN OFfICIAL RECORDS BOOK 850, PAGE 974, SAID PUBUC RECORDS, AS IT UES IN SAID 1RACT G.C.-2 TO "THE SOU"TH UNE OF 1RACT "A" (FOREST GLEN BOULEVARD), AND A POINT ON A NON-TANGENT CURVE TO "THE LEFT. OF RADIUS 300.00 FEET; "THENCE RUN A DISTANCE OF 15.06 FEET ALONG SAID CURVE AND SAID SOU"TH UNE "THROUGH A DELTA ANGLE OF 02"52'33"E (CHORD DISTANCE Of 15.06 FEET BEARING N85"47'34"E): THENCE RUN SOO"46'25-W, A DISTANCE Of 378.08 FEET ALONG A UNE THAT RUNS PARAU.EL TO SAID WEST EASEMENT UNE; THENCE RUN S8913'35-E, A DISTANCE OF 155.00 FEET TO THE EAST UNE OF SAID flORIDA POWER AND UGHT RIGHT-OF-WAY EASEMENT; THENCE RUN SOO'46'2S"W, A DISTANCE OF 15.00 FEET ALONG SAID EAST UNE: "THENCE RUN N8913'3S-W, A DISTANCE OF 155.00 FEET; THENCE RUN SOO'46'25"W, A DISTANCE OF 1701.85 FEET ALONG A UNE "THAT RUNS PARAU.EL TO SAID WEST EASEMENT UNE; THENCE RUN Sea17'44"W, A DISTANCE Of 15.01 FEET ALONG SAID SOU"TH UNE TO "THE POINT Of BEGINNING. CONTAINING 33,743 SQUARE FEET OR 0.77 ACRES, MORE OR LESS. SEE SHEET 1 Of 2 FOR SKETCH JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, flORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGGCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRA\\1II BY: ~F CHECKED BY: J.N.W. PARCEl. DESCRIP110N: DATE: 8/29/04 SCALE: NA .REV: 10/20/04 1S' Ui1UTY EASEMENT IN 1RACT G.C.-2, FOREST GLEN OF NAPLES, OF SEC 2-50-21 PRO.£CT No: 020901 DWG No:SEC2T-~(P2) . SHEET: 2 OF 2 Ag nda Item No. 100 January 11, 2005 Page 128 of 242 EXHIBIT .n page~of~ PROJECT ...:JU<ß<1 Z \ PARCEL r"l5(" F OU 0 ~t).'1dlX'':()O ;~- TEMPORARY CONSTRUCTION EASEMENT (DURATION: ~ VEARS FROM COMMENCEMENT OF CONSTRUCTION) --.-------.,-- --- SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO. 8 IN TRACT G.C.-2, OF FOREST GLEN Of' NAPLES, SECll0N 2, TWP 50 S, RGE 26 E, COWER COUNTY, FlORIDA S8tr13'JS"E 100.00' " I" ~8 PROPOSED 15' ~¡ IS UTILITY EASEMENT ~ N8tr1j5'JS"W <40.00 - I" - - - - ---i 8~ ----~-V &1§ PROPOSED PRODUCll0N ~~ Z WELL NO. 3 UllUTY EASEMENT I" S89'3'35"E ~8 lIS j. 8 i .,.. t~ ~~ ; i P.D.B. N89'3'J5"W ""I 100.00' ~I. L TRACHC,-' _¡eLl- PB 31, PG 94-103L- &.: 15 FOUO NO.: ~ ~ 32720000222 IU z ~ ~I ~~ ~ ~ 8 í SOOTH LIIE OF FOREST "'" ~I OF NAPLES. PB 31, PG 94-103 AND SEC110N 2 I'-- 233.70' - - - - - F.P.o!d.. R/W EASEMENT O.R. 850/974 tŒ:t F.P.o!d..-F1.ORIDA POWER &: UGHT COI.4PANY R/W - RIGHT-OF-WAY O.R. - OFFICIAL. RECORD BOOK/pAGE PB - PLAT BOOK PG - PAGE P.O.B.-P() NT OF BEGINNING P.O.C.-P() NT OF COMMENCEMENT lmnM P.D.C. SW CORNER SECllON 2 ~- --~~-----~--- J S N. WILKISON (FOR THE F1RM LB6773) OFESSIONAL. SURVEYOR AND MAPPER F1.0R1.Q.A UCENSE NO. LS 4876 THIS t.:!:.éJOA Y OF <:2.d:::; 2004. SEE SHEET 2 OF 2 FOR DESCRIPTION WLI£; THE PARCEL BEARING. DISTANCES. AND AREAS CAL.CULATED ARE BASED ON A F1ELD SURVEY OF SECTION 2. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, F\.A. EAST ZONE. '83/90. "n"IIS IS NOT A SURVEY JEff-KEY C. COONER AND ASSOCIATES, INC. SURVE'I1NG AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FlORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 £MAIL.: SURVEYlNGCCOONER.COM ....l.cUENT: GREElEY AND HANSEN, U.C DRAWN BY: JRF CHECKED BY: J.N.W. ARCEL DESCRIPl1ON: WELL NO.3 DATE: 8/29/04 SCALE: 1".60' tREV: 10/2.0/04 .fMP CONSTRUC'11ON EASEMENT IN 'TRACT o.C.-2, I FOREST GI.£N OF NAPlES,. OF SEC 2-50-28 PROJECT No: 020901 DWG No:SEC2W-AE(TCJ) ISHEET: 1 OF 2 .-...~'~-'---. Ag nda Item No.1 00 January 11, 2005 Page 129 of 242 EXHIBIT £\ page~of~ PROJECT '10 ~t17.. , PARCEL --.J5(P FOLIO ~'ldDOC>O~ TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) --". .--..----.- ---.--... ---. -------- SKETCH AND DESCRIPTION OF  TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO. 3 IN TRACT G.C.-2, OF FOREST GLEN OF NAPLES, SECTION 2, ThP 50 S, RGE 26 E, COWER COUNTY, FLORIDA DESCRIPl1ON: A PARCEL OF lAND LYING 1RACT G.C.-2, FOREST GLEN OF NAPLES, PLAT BOOK 31 PAGE 94-103. AS RECORDED IN THE PUBUC RECORDS Of COWER COUNT'I', FLORIDA. ALSO BEING IN SECTION 2, TO~SHIP 50 SOUTH, RANGE 26 EAST: COMMENCING AT THE SOUTHWEST CORNER Of SAID SECTION 2, THENCE RUN N8817'44'E, A DISTANCE OF 1,333.70 FEET ALONG THE SOUTH UNE Of SAID FOREST GLEN Of NAPLES AND SAID SECl10N 2; THENCE RUN NOO·46'25"E. A OISTANCE OF 1812.64 FEET ALONG THE EAST UNE OF A 17o-FOOT FLORIDA POWER AND UGHT RIGHT-OF-WAY EASEMENT, AS RECORDED IN OF1'1CJAL RECORDS BOOK 850, PAGE 974, SAID PUBUC RECORDS, AS IT UES IN SAID 1RACT G.C.-2 TO THE POINT Of BEGINNING; '!HENCE CONTINUE NOO'46'25"E, A DISTANCE Of 65.00 FEET ALONG SAID EAST UNE; THENCE RUN S8913'35"E, A DISTANCE OF 40.00 FEET: THENCE RUN NOO'46'2S"E, A DISTANCE OF SO.OO FEET ALONG A UNE THAT RUNS PARAL.lEL TO SAID EAST UNE; THENCE RUN N8913'J5"W, A DISTANCE OF 40.00 FEET: THENCE RUN NOO·46'2S"E. A DISTANCE OF 65.00 FEET ALONG SAID EAST UNE; THENCE RUN S8913·3S"E. A DISTANCE OF 100.00 FEET; THENCE RUN SOO'46'2S"W, A DISTANCE OF 180.00 FEET ALONG A UNE THAT RUNS PARAL.lEL TO SAID EAST UNE; THENCE RUN N8913'3S"W, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. CONTAINING 16,000 SQUARE FEET OR 0.37 ACRES, MORE OR LESS. SEE SHEET I OF 2 FOR SKETCH -EFFREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGCCOONER.COM CUENT: GREE1.EY AND HANSEN. U.C DRAWN BY: JRF CHECKED BY: J.N.W. PARCEL DESCRIPlION: 'h£LL NO.3 DATE: 8/29/04 SCALE: NA I REV: TEMP CONS1RUC11ON EASEt.tENT IN TRACT G.c.-2, FOREST ~ Of NAPLES, Of SEC 2-50-26 PROJECT No: 020901 DWG NO:SEC2W-AE(TCJ) I SHEET: 2 OF 2 Ag nda Item NO.1 00 January 11 , 2005 Page 130 of 242 EXHIBIT A page-l.Jk..of :tZ PROJECT -.:JO~<1l. \ PARCEL~ . FOLIO ~1.¥)rY)()~ SKETCH AND DESCRIPTION OF  UTILITY EASEMENT FOR PRODUCTION "ELL NO. 8 IN TRACT G.C.-2, OF FOREST GLEN OF NAPLES, SECTION 2, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA PROPOSED 15' UTILITY EA5,"~T =i sa9' '35·E 40.00' ---- 8~ ~8 Sl ~ S F.P.c!cL. R/W EASEMENT O.R. 850/974 .1 '" gl 1SEï' ~ f".P.&I...-FlORlDA POWER c!c UGHT COIoIPANY ;..J Lt ¡ TRACT G.C.-2 '¡W - """-oF-WAY . ~ PO 31, PO 9'-103 ? O.R. - OFFICIAL RECORD BOOK/pAGE ¡.; is FOUO NO' PB - PLAT BOOK .. ~ 32720000222 PG - PAGE ~ o~ P.O.B.-POINT OF BEGINNING ~ ! l ~ P.O. C.-POINT OF COMMENCEMENT ~ :¡ ~ 8 ~ II:: SOUTH UNE OF FOREST GLEN ZI w OF NAPLES, PB 31, PG 94-103 AND SEC110N 2 l-M P.O.C. SW CORNER SECl10N 2 ./'-- g3UO' --- SEE SHEET 2 OF 2 FOR DESCRIPl10N J~-~ËÃRM LB6773) P=~O:A~~-t~~ND MAPPER flORIDA LJC£NSE NO",..+- 4876 THIS~AY UF ""' 2004. r:&æ THE PARCEL BEARING, DISTANCES, ANO AREAS CALCULA1ED ARE BASED ON A FIELD SURVEY OF SEC110N 2. BASIS OF BEARING: STA1E PLANE CooRDINA1E SYSTEM, FlA. EAST ZONE, '83/90. THIS IS NOT A SURVEY ~EY C. COONER AND ASSOCIA1ES. INC. SURVE'r1NG AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGCCOONER.COM -" UENT: GREELEY AND HANSEN, LlC DRAWN BY: .RF CHECKED BY: J.N.W. ~CEL DESCRIPllON: WELL NO.3 DATE: 8/29/04 SCAlE: '·-30' REV: 10/20/04 ~ T1UTY EASEMENT IN TRACT G.C.-2, FOREST GLEN OF NAPLD, OF SEC 2-:50-26 PROJECT No: 020901 DWG NO:SEC2W-AE(PJ) SHEET: 1 OF 2 -..--,----..-". Ag nda Item No. 100 January 11, 2005 Page 131 of 242 EXH'BIT~ Page-Ø-Óf -L!øb- PROJECT ..:J(~'1 z. \ PARCEL q~)( f) FOLIO ~~íl;:}..()r.À0()~ SKETCH AND DESCRIPTION OF A UTILITY EASEJlENT FOR PRODUCTION WELL NO. 8 IN TRACT G.C.-2, OF FOREST GLEN OF NAPLES, SECTION 2, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA DESCRIPTION: A PARCEl OF LAND LYING '!RACT G.C.-2, FOREST Gl£N OF NAPLES, PLAT BOOK 31 PAGE 94-103. AS RECORDED IN THE PUBUC RECORDS OF COWER COUNTY, FLORIDA. AlSO BEING IN SECTION 2. TOWNSHIP 50 SOU'IH, RANGE 26 EAST: COMMENCING AT THE SOUTH~T CORNER OF SAID SECTION 2. THENCE RUN N88"17''''"E, A DISTANCE OF 1.333.70 FEET ALONG THE SOUTH UNE OF SAID FOREST GLEN OF NAPLES AND SAID SECTION 2; THENCE RUN NOO'46'2S"E, A DISTANCE OF 1,677.64 FEET ALONG THE EAST UNE OF A 17o-FOOT FLORIDA POWER AND UGHT RIGHT-OF-WAY EASEUENT, AS RECORDED IN OFFICIAL RECORDS BOOK 850, PAGE 974. SAID PUBUC RECORDS. AS IT UES IN SAID '!RACT G.C.-2 TO THE POINT OF BEGINNING; THENCE CONTINUE NOO'46'25"E, A DISTANCE OF 50.00 FEET ALONG SAID EAST UN£; THENCE RUN S89'3'35"E, A DISTANCE OF <40.00 FEET; THENCE RUN SOO'46'25"W, A DISTANCE OF 50.00 FEET ALONG A UNE THAT RUNS PARAlLEl TO SAID EAST UNE; THENCE RUN N89"13'J5"W, A DISTANCE OF <40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 2.000 SQUARE fEET OR 0.05 ACRES. MORE OR LESS. SEE SHEET 2 OF 2 FOR SKETCH JEFFREY C. COONER AND ASSOClA TE5. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUllE 4, FORT MYERS, flORIDA 33912 PHONE: (239)277-0722 FAX; (239)277-7179 EMAll.; SUR\lEYlNGCCOONER.COM CUENT: GREEl.£Y AND HANSEN, LLC DRAWN BY: JRF CHECKED BY: J.N.W. PARCEL DESCRIP11ON; WELL NO.3 DAlE: 8/29/04 SCALE: 1"-30' IREV: 10/20/04 Ul1UTY EASailENT IN 1RACT G.C.-2, FOREST GLEN OF' NAPLES, OF' SEC 2-50-26 PRO.£CT No: 020901 DWG No:SEC2W-AE(P3) I SHEET: 2 OF 2 Ag nda Item NO.1 00 January 11, 2005 Page 132 of 242 EXHIBIT L page-Wl-0t :¡i3: PROJECT ~ PARCEL ~ FOLIO 3;;l1,}OoOD ~ SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN TRACT G.C.-1, OF FOREST GLEN OF NAPLES, SECl10N 2, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA BECK BLVD. P.O.B. NW CORNER TRACT G.C.-1 PB 31. PG 9+-103 I I: § I ~~I ~ef,1 11 I PROPOSEO IS' UnU1Y EASEMENT 170' !Sa C-CHORD COB-CHORD BEARING f.P.&L-FLORIDA POWER & UGHT CO. ',-LENGTH J.R. - OFFICIAl R£CORD BOOK!þAGE R-RADIUS R/W - RIGHT-Of-WAY P8 - PLAT BOOK PG - PAGE P.O.B.-POINT OF' BEGINNING P.O.C.-POINT OF' COt.CIoAENCEMENT ð - DELTA ANGLE f.P.&L I EASEMENT O.R.B. ! 850/974,. I i I TRACT ~.~.~~:::J) i I R-200,OO' L-6SI.8S' .,T05'48" 0.6".48' aJB-N72"34'2n; -q~~Ñ-(Fõ;M-"-;';; LB67"J l'~SSlONAl SURlJEYOR AND MAPPER FLORIDA UCENSE'N0,...J..Sft875 THIS ~AY Of ~2004. ~TH R/W UNE DESCRIPTION: A PARCEL OF LAND LYING IN TRACT G.C.-I, fOREST GLEN Of NAPLES, PLAT BOOK 31 PAGE 94-103, AS RECORDED IN THE PUBUC RECORDS OF COLUER COUN1Y, FLORIDA, ALSO BEING IN SECTION 2, TOWNSHIP 50 SOUTH. RANGE 26 EAST: COMMENCING AT THE NORTHWEST CORNER Of SAID TRACT G.C.-I. THENCE RUN N89'55'16"E, A DISTANCE Of 15.00 fEET AlONG THE SOUTH RIGHT-Of-WAY UNE Of BECK BOULEVARD TO THE POINT OF' BEGINNING; THENCE CONTINUE N89'55'16"E, A DISTANCE OF 155.02 FEET ALONG SAID SOUTH RIGHT-Of-WAY UNE: THENCE RUN SDO'4S'25"W, A DISTANCE Of 3042.82 fEET ALONG THE EAST UNE OF' SAID TRACT G.C.-I, AND A 170-FOOT fLDRIDA POWER AND LIGHT RIGHT-Of-WAY EASEMENT, AS RECORDED IN OFfiCiAl RECORDS BOOK 850, PAGE 974, SAID PUBUC RECORDS, AS IT UES IN SAID TRACT G.C.-1 TO THE NORTH UNE OF' TRACT "A" (FOREST GLEN BOULEVARD), AND A POINT ON A NON-TANGENT CURIJE TO THE LEFT, OF RADIUS 550.00 FEET; THENCE RUN A DISTANCE OF 105.86 FEET ALONG SAID CURIJE AND SAID NORTH UNE THROUGH A DELTA ANGLE Of 11"OI'39"E (CHORD DISTANCE Of 105.69 FEET BEARING S69'32"8"W) TO A POINT OF' REVERSE CURVE; THENCE RUN A DISTANCE Of 59.S8 fEET ALONG THE ARC OF' A CIRCULAR CURVE TO THE RIGHT, OF RADIUS 2DD.00 fEET THROUGH A DELTA ANGLE Of I 7"05'49" (CHORD DISTANCE Of 59.46 fEET BEARING N72'34'23"E) ALONG SAID SOUTH UNE: THENCE RUN NOO'46'2S"E, A DISTANCE Of 3097.14 FEET ALONG A UNE THAT RUNS PARALLEL TO THE WEST LINE Of TRACT G.C.-1 TO THE POINT Of BEGINNING. CONTAINING 475,922 SQUARE FEET OR 10.93 ACRES, MORE OR LESS, R-5I5O,OO' L-10ð.88' .11'01'38" 0.1 Oð.1I9' a>B-SlSIr32'18"W ~ THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SEC110N 2. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM. FlA. EAST ZONE, '83Î90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SUR'JEYING AND MAPPING 3900 COlONiAl BLVD., SUiTE.... FORT MYERS, FtORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGOCOONER.COt.t ENT: GREELEY AND HANSEN, LLC DRAWN BY: ~F CHEQ(ED BY: J.N.W. ARCÐ.. DESCRlP110N: DATE: 8/29/04 SCALE: 1"-200' REV: 10/20/04 ",CCESS EASEMENT IN TRACT G.C,-I, . fOREST GLEN OF NAPLES, OF SEC 2-50-2 PROJECT No: 020901 DWG No:S£C2T-AE(AE1' SHEET: I OF 1 Ag nda Item No. 100 January 11, 2005 Page 133 of 242 EXHIBIT A page.L2a- of -.::Jï:3::. PROJECT ~O~c¡ Z I PARCEL ~ FOlIO ~'d..r"\,::JfYx.)()~ SKETCH AND DESCRIPTION OF A 16' UTILITY EASEMENT IN TRACT G.C.-1, OF FOREST GLEN OF NAPLES, SECTION 2, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA P.O.B. NW CORNER lRACT G.C.-1 PB 31, PG 94-103 KEY; C-CHORD COB-CHORD BEARING F.P.&L..-FlORlDA POWER &: UGHT CO. L-LENGiH O.R. - OFFICIAL RECORD BOOK/p AGE R-RADIUS R/W - RIGHT-OF-WAY PB - PLAT BOOK PG - PAGE . P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT b. - DELTA ANGlE W UNE lRACT G.C.-1 R-200.00' L-IS.13' 1Þ47.0·07" c-15.13' COB-S83'7'21 "W J-f-þ-.-~ ~~ P~::~ SURVÈYOR AND MAPPER FlORID.6. UCENSE NQ..l.S 4876 iHIS2ZN.PDAY OF ~ 2004. ~ R/W UNE DESCRIPTION: A 15-FOOT SlR1P OF LAND LYING IN lRACT G.C.-I, FOREST GL£N OF NAPLES, PLAT BOOK 31 PAGE 94-103, AS RECORDED IN iHE PUBUC RECORDS OF COWER COUNTY, FlORIDA. ALSO BEING IN SECTION 2, TOWNSHIP 50 SOUiH, RANGE 26 EAST: BEGINNING AT 11-IE NORiHWEST CORNER OF SAID 'lRACT G.C.-I, 11-IENCE RUN N89'S5'16"E, A DISTANCE OF 15.00 FEET ALONG THE 50011-1 RIGHT-OF-WAY UNE OF BECK BOULEVARD; 'THENCE RUN SOO'48'25"W, A DISTANCE OF 3097.37 FEET ALONG A UNE 11-IAT RUNS PARAllEL TO iHE WEST UNE OF SAID TRACT G.e.-I, AND PARALLEL Wl11-I A 17Q-FOOT FlORIDA POWER AND UGHT RIGHT-OF-WAY EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 850. PAGE 974. SAID PUBUC RECORDS, AS IT UES IN SAID lRACT G.C.-1 TO 11-IE NOR11-I UNE OF lRACT "A" (FOREST GLEN BOULEVARD), AND A POINT ON A NON-TANGENT CURVE TO 11-IE RIGHT, OF RADIUS 200.00 FEET: 11-IENCE RUN A DISTANCE OF 15.13 FEET ALONG SAID CURVE AND SAID NORTH UNE THROUGH A DELTA ANGLE OF 04'20'07" (CHORD DISTANCE OF 15.13 FEET BEARING S83'7'21"W): 11-IENCE RUN NOO'48'25"E, A DISTANCE OF 3099.11 FEET ALONG SAID WEST UNE OF lRACT G.C.-1 TO iHE POINT OF BEGINNING. CONTAINING 48,475 SQUARE FEET OR 1.07 ACRES, MORE OR LESS. . "- - I') i ~ í ·:a ~ig Clog 1-;:].... ~o,.... ¡:!:1J.f; 170' F.P.&L.. EASEUENT "" O.R.B. ~ 850/974 ~ ~ g r.a z . ~ ~ e\.\ O· :'{~,.: f~~ ~,..c~ WUE: iHE PARCEL BEARING. DISTANCES. AND AREAS CALCULA'TED ARE BASED ON A FJElD SURVEY OF SECTION 2. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83;90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 39DO COLONIAL BLVD.. SUITE 4, FORT MYERS, flORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN. LLC DRAWN BY: ~F CHECKED BY: J.N.W. PARCEL DESCRIP'TION: DAlE: 8/29/04 SCALE: '"-200' REV: 10/20/04 15' UTIUTY EASEl.4ENT IN 1RACT G.C.-1, FOREST GL£N OF NAPLES. OF SEC 2-50-2 PROJECT No: 020901 DWG No:SEC2T-AE(P1) SHEET: 1 OF , Ag nda Item No. 10D January 11, 2005 Page 134 of 242 -- EXHIBIT A page~of ~ PROJECT ~ PARCEL ~51< FOL 10 'l{o?$ç~&)S.'SS SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT TRACT 1 O. TOLLGATE COMMERCIAL CENTER. PHASE 2 COWER COUNTY. FLORIDA I I P.O.c. NW CORNER TRACT 10 TRACT 9 T.C.C. PH. 2 !SEX: F.P.&cL - FLORIDA POYÆR &: UGHT CO. R/W - RIGHT-OF-WAY T.C.C. - TOllGATE COMMERCIAL CENTER PB - PLAT BOOK PG - PAGE PH. - PHASE P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT TRACT B-11 T.C.C. PH. 2 --. F.P.&L R/W EASEMENT TRACT 10 ~ T.C.C., PH. 2 J ~ PB 18, PG 2... ~~ ~ FOUO NO,: 7S88S0S0555 PROPOSED 15' UTlUTY EASEMENT 1153.44' TRACT 15 T.C.C. PH. 3 STATE ROAD 84 (BECK BOULEVARD) DESCRIPTION: A PARCEL OF LAND L VlNG IN TRACT 10, TOLLGATE COMMERCIAL CENTER. PHASE 2, AS RECORDED IN PLAT BOOK 18, PAGE 2.... PUBUC RECORDS OF COLLIER COUNTY. FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT 10. SAID TOLLGATE COMMERCIAL CENTER, PHASE 2, THENCE RUN NORTH 89'56·IS· EAST .OR A DISTANCE 0. 15.00 FEET ALONG THE SOUTHERLY UNE 0. TRACT B-11 0. SAID TOLLGATE COMMERCE CENTER TO THE POINT 0. BEGINNING; THENCE CONTINUE NORTH 89"56'16· EAST .OR A DISTANCE OF 158.60 rEET ALONG THE SOUTHERLY UNE OF SAID TRACT B-11 TO THE NORTHEAST CORNER 0. SAID TRACT 10; THENCE RUN SOUTH 00'46'58· v.£ST FOR A DISTANCE OF 214.20 FEET ALONG THE EAST UNE 0. SAID TRACT 10 TO THE SOUTHEAST CORNER OF SAID 'TRACT 10;: THENCE RUN SOUTH 89'56'02· \\£ST FOR A DISTANCE 0. 153.44 FEET ALONG SAID THE SOUTH UNE OF SAID TRACT 10; THENCE RUN NORTH 00'03'4...· \\£ST .OR A DISTANCE OF 214.19 FEET ALONG A UNE THAT IS 15.00 FEET EAST OF (AS UEASURED AT RIGHT ANGLES), AND PARALLEl TO, SAID v.£ST UNE OF TRACT 10. TO THE POINT OF BEGINNING. CONTAINING 33,204 SQ. FT., OR 0.76 ACRES, MORE OR LESS ;~Ëš~~i~~~Ëñ~ LB6773) PR~ON~ SUR\ÆYOR AND UAPPER FLO:?tJ'J:ENSE N.Q. ~S +876 THI "bAY OF~ 2004. wm: THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY 0. SECTION 35. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM. FLA. EAST ZONE, '83(90. 11-US IS NOT A SURVEY JEFFREY C. COONER AND ASSOOA TES, INC. SURVE'I'ING AND MAPPING 3900 COLONIAL BLVD" SUITE 4. FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL.: SUR\lEYlNGCCOONER,COM , ENT: GREELEY AND HANSEN. LLC DRAWN BY: JRF CHECKED BY: J.N.W. ARCEL DESCRIPllON; DATE: 8/27/04 SCAlE: 1··100' REV: 10-20-0'" ACCESS EASEMENT. TRACT 10. T.C.C. PH 2 OF SEC 35-49-26 PROJECT No: 020901 DWO NO:SECJ:lT-AE(AEO) SHEET; 1 0. 1 Ag nda Item No. 100 January 11,2005 Page 135 of 242 EXHIBIT IJ. page~of ~ PROJECT ~ PARCEL q 5)'( FOL 10 1G~í<505C>l:)55 SKETCH AND DESCRIPTION OF A 15' UTILITY EASEMENT TRACT 10, TOLlGA 1E COMMERCIAL CENTER, PHASE 2 COLUER COUNTY, FLORIDA TRACT B-11 T.C.C. PH. 2 N8II'5 '16"E --~.~'--- P.O.B¡ -I F.P.&L. R/W NW CORNER EASEMENT TRACT 10 ø. ao ~;; 1RACT '0 TRACT 9 c::¡ c::¡ T.C.C.,PH. 2 T.C.C. f W PB 18, PG 24 PH. 2 ~; ~ i I I ~: F.P.&L. - flORIDA POWER ok UGHT CO. R/W - RlGHT-OF'-WAY T.C.C. - TOlLGATE COMMERCIAL CENTER PB - PLAT BOOK PG - PAGE PH. - PH,\5E P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF' COMMENCEMENT FOUO NO.: 768850!505S5 - 1--15' 0 90' 15.00' S89"SS'02"W STATE ROAD 84 (BECK BOULEVARD) I -t --- t~ I l I TRACT 15 ~~ T.C.C. I PH. 3 J.. I I - -- DESCRIPTION: A 15-FOOT STRIP Of' LAND LYING IN TRACT 10, TOLLGATE COMMERCIAL CENTER, PH,\5E 2, ,\5 RECORDED IN PLAT BOOK 1B, PAGE 24, PUBUC RECORDS OF COWER COUNTY, flORIDA. DESCRIBED AS FOLLOWS: BEGINNING AT 11iE NOR11iWEST CORNER OF TRACT 10, SAID TOLLGATE COMMERCIAL CENTER, PHASE 2. 11iENCE RUN NOR11i 89'56'16" EAST FOR A DISTANCE OF 15.00 FEET ALONG 11iE SOU11iERLY UNE Of' SAID TRACT B-11; 11iENCE RUN SOU11i 00'03'44" EAST FOR A DISTANCE OF' 214.19 FEET ALONG A UNE 11iAT IS 15.00 FEET EAST OF' (,\5 MEASURED AT RIGHT ANGlES), AND PARALLEL TO, SAID WEST UNE OF' TRACT 10: 11iENCE RUN SOU11i 89'56'02" VIES.T FOR A DISTANCE OF 15.00 FEET ALONG SAID 11iE SOU1'H UNE OF' SAID TRACT 10 TO 11iE WEST UNE OF SAID TRACT 10; 11iENCE RUN NOR1'H 00'03'44" WEST FOR A DISTANCE Of' 214.19 FEET ALONG SAID WEST UNE TO THE POINT OF BEGINNING. CONTAINING 3213 SQ. FT.. OR 0.07 ACRES, MORE OR LESS _~J:_~_ JA N. WlU<ISON(FOR 11iE FIRM LB6773) P ONAL SURVEYOR AND MAPPER FlORIOA L.fCENSE N~~ 4876 1'H1S1--~AY OF' 2004. IiQ]f; 1'HE PARCEL BEARING. DISTANCES, AND AREAS CALCULATED ARE BASED ON A FlELD SURVEY OF SECTION 35. BASIS OF BEARING: S'fA TE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83(90. THIS IS NOTA SURVEY ~EY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT "'YERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGCCOONER.COM CUENT: GRœ.EY AND HANSEN, l.L.C DRA'M'I BY: JRF CHECKED BY: J.N.W. PARCEL DESCRIPll0N: DATE: 8/27/01,. SCALE: 1"-100' TREV: 10-20-01,. 15' UllU'IY EASEMENT, 'TRACT 10, T.C.C. PH 2 OF' SEC 35-1,.9-26 PROJECT No: 020901 DWG No:SECJðT-AE(P6)1 SHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 136 of 242 11 ~~,;~ro;MÃ~ ""'77» pæ~i~AL SURVÈYOR AND MAPPER ~?:~~~SEOFN~ ~b~4. EXHIBIT A page~of~ PROJECT 1o~9. l.1_ PARCEl '85~ FOLIO 1l<r~5<~í)~&_5.l- SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN TRACT 11 AND TRACT 6-11, TOLLGATE COMMERCIAL CENTER, PHASE 2,- OF SECllON 35, TWP 49 S, RGE 26 E. COWER COUNTY, FLORIDA NOR1H UNE tRACT 11 w- z- ::Ib §~ w- z- ::Ib I 1-< VI !: ~ I tRACT 14 ~ I T.C.C. "ì PH. 2 I . 8 sfa5 ~ PROPOSED 15' I UilUTY EASEMENT DESCRIP11ON: A PARCEL LYING IN tRACT 11 AND TRACT B-II, TOLLOA ll:: COMMERCIAL CENTER, PHASE 2. AS RECORDED IN PLAT BOOK 18, PAGE 24, PUBUC RECORDS OF COWER COUNTY, F'LORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT ll-iE NORTHEAST CORNER OF TRACT 10, SAID TOLLGA ll:: COMMERCIAL CENTER, PHASE 2. ll-iENCE RUN SOU1H 89'56'16" WEST FOR A DISTANCE OF 155.02 FEET ALONG ll-iE SOUTHERLY UNE Of' SAID 'TRACT B-II; THENCE RUN NORTH 00'46'58" EAST FOR A DISTANCE OF 598.06 FEET ALONG A UNE 1HAT IS 15.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES), AND PARALLEL TO ll-iE WEST UNE OF TRACT 11 AND ALSO PARAI..LEL TO THE WEST UNE OF A FlORIDA POWER AND UGHT COMPANY EASEMENT TO 11-IE NORTH UNE OF SAID TRACT 11. "!HENCE RUN NOR"!H 89'56'16" EAST FOR A DISTANCE OF 155.02 FEET ALONG SAID NOR"!H UNE; THENCE RUN SOU"!H 00'46'58" WEST FOR A DISTANCE OF 598.06 f'EET ALONG THE EAST UNE OF SAID TRACT 11 SAID UNE ALSO BEING "!HE EAST UNE OF SAID F'LORIDA POWER AND UGHT COMPANY EASEMENT TO THE POINT Of' BEGINNING. 'TRACT 17 T.C.C. PH. 3 'TRACT 11 T.C.C., PH. 2 PB 18, PG 24 i f'OUO NO.: 76885050652 CONTAINING 92,700 SQ. FT., OR 2.13 ACRES, MORE OR LESS ro: COR. - CORNER F.P.&L-F'LORIDA POWER & UGHT CO. T.C.C.-TOLLGAll:: COMMERCIAL CENTER PB - PLAT BOOK PG - PAGE PH. - PHASE P.O.B. - POINT OF BEGINNING 170' F.P.&L. EASEMENT I w I is ~ I ~ I ~ 'TRACT 12 T.C.C. PH. 2 . is ~ ~ --- P.O.B. NE COR. lRACT 10 ~ THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A F'lELD SURVEY OF SEC110N 35. BASIS OF BEARING:.. STAll:: PLANE CooRDINAll:: SYSll::M, FLA. EAST ZONE, '83/90. -- VACATED TOLlHOUSE DRIVE ----- TRACT 10 T.C.C. PH. 2 THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, flORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 Et.4AtL: SURVEYlNGCÞCOONER.COM CUENT: OREE1.EY AND HANSEN, lLC DRAYtN BY: JRF CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 8/27/04 SCALE: 1".100' REV: 10-20-04 ACCESS EASEMENT IN 'TRACT 11 T.e.C. PH 2 OF SEC 35-49-26 PROJECT No: 020901 DWG No:S£C35T-AE(AE5) SHEET: 1 OF 1 Ag nda Item No.1 00 January 11 , 2005 Page 137 of 242 EXHIB'T~ page!J!-of .JJ&1- PROJECT 10~~ 2.. L PARCEl <:15 FOL 10 '1Co'X)(5?:C)Q(p~ SKETCH AND DESCRIPTION OF A 15' UTILITY EASEJlENT IN 1RACT 11 AND TRACT 8-11, TOLLGATE COMMERCIAL CENTER. PHASE 2, OF SEC110N 35, 1WP 49 S, RGE 26 E. COLUER COUNTY, FLORIDA NORTH UNE TRACT 11 TRACT 14 T.C.C: PH. 2 I TRACT 17 T,C.C. PH. 3 8 ~ 170' F.P.&L. EASEMENT I I I I I ,-- ~ _I P.O.c. ¡ \.. NE COR. TRACT 10 TRACT 12 T.C.C. PH. 2 ~ 18 I --- --- VACATED TOI..lHOUSE DRIVE TRACT B-II P.O,B. 155.02' S89'5S'1SVY¡- --- -- 15, S89~'16 W ! I TRACT 10 T.C.C. PH. 2 __~rd. w'..~___ JAM N. YðLKISON (FOR THE F1RM LSS773) PR ONAL SURVEYOR AND MAPPER FlORID~,.!JpENSE NQ. LL-4876 TIiIS 'b:.. 'bAY OF µsz::::. 2004. DESCRIPTION: A IS-FOOT STRIP OF LAND LYING IN TRACT II AND TRACT B-II, TOLLGATE COMt.lERClAL CENtER, PHASE 2, AS RECORDED IN PLAT BOOK 18, PAGE 24. PUBUC RECORDS OF COUJER COUNTY, flORIDA. DESCRIBED AS FOIl.OWS: COIotMENClNG AT 'THE NORTIiEAST CORNER OF TRACT 10, SAID TOLLGATE COt.4t.4ERClAL CENtER, PHASE 2. THENCE RUN SOUTIi 89'56'16' WEST FOR A DISTANCE OF 155.02 FEET ALONG THE SOUTIiERLY UNE OF SAID TRACT 8-11 TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89'56'16' WEST FOR A DISTANCE OF 15.00 FEET TO 'THE INTERSECTION WlTIi A SOUTHERLY EXTENSION OF THE WEST UNE OF SAID TRACT II; THENCE RUN NORTH 00'-48'58' EAST FOR A DISTANCE OF 598.06 FEET ALONG SAID SOUTIiERL Y EXTENSION AND SAID WEST UNE OF TRACT I I TO THE NORTH UNE OF SAID TRACT 11: THENCE RUN NORTH 89'56'16" EAST FOR A DISTANCE OF 15.00 FEET ALONG SAID NORTH UNE; TIiENCE RUN SOUTH 00'46'58" WEST FOR A DISTANCE OF 598.06 FEET ALONG A UNE THAT IS 15.00 FEET EAST OF (AS MEASURED AT RIGHT ANGl£S). AND PARALlEL TO, SAID WEST UNE OF TRACT 11, AND SOUTHERLY EXTENSION TIiEREOF, TO TIiE POINT OF BEGINNING. CONTAINING 8969 SQ. FT., OR 0.21 ACRES. MORE OR LESS. tæt COR. - CORNER F.P.&l..-FlORlDA POWER '" UGHT CO. T.C.C.-TOLLGATE COMMERCIAL CENtER PH - PHASE P.O.B. - POINT OF BEGINNING ~ THE PARCEL BEARING. DISTANCES. AND AREAS CALCULATED ARE BASED ON A FIElD SURVEY OF SECTION 35. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '63Î90. 1HIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOClA1ES. INC. SURVE'Y'lNG AND !.tAPPING 3900 COLONIAL BLVD., SUITE 4, FORT !.tYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 E!.tAlL: SURVEYlNGCCOONER.COt.t CUENT: GREELEY AND HANSEN. U.C ORA't\N BY: JRF CHECKED BY: J.N.W. PARCEL DESCRlPl1ON: DATE: 8/27/04 SCALE: 1"·100' REV: 10-20-04 15' UTlUlY EASEMENT IN TRACT II T.C.C. PH 2 OF SEC 35-49-26 PROJECT No: 020901 DWG No:SEC35T-AE(P5) SHEET: I OF I Ag nda Item No. 10D January 11, 2005 Page 138 of 242 EXHIBIT ~ pageMof--L502- PROJECT '1o~z I PARCEL 'g(P() FOLIO 1(" 1S<j(.2.0.5r:c5 SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN PARCEL 1, TOLLGATE COMMERCIAL CENTER, PHASE ONE, OF SECTION 35, TWP 49 S, RGE 26 E, COWER COUNTY, FLORIDA INTERSTATE 75 / 15'-1 w~ I z ~g I ~~ I ~ SOU'THERL Y R/W UNE - -I --- I PROPOSED 15' ~ 85'090' UlIUTY EASEMENT ~ I . FOUO NO.: 76885005005 PARCEL TWO, T.C.C., PH. ONE PB 18, PG 24 w:: COR. - CORNER F.P.&L.-FlORIDA POWER de UGHT CO. T.C.C.-TOLLGATE COMMERCIAL CENTER PB - PLAT BOOK PG - PAGE PH. - PHASE P.O.B. - POINT OF BEGINNING SOUTH LINE PARCEL TWO ------- N. ~LKISON(FOR T1iE FIRM L86773) PR ONAL SURVEYOR ANO MAPPER FlORIO~ UCENS£ N~ ~ 4876 THIS ~DA Y Of 2004. P.O.B. I NW COR. TRACT 11, I T.C.C. PH. 2 , I I TRACT 11 I T.C.C. ~ PH. 2 I j8 I ;¡ ~ I I ~ ...¡ ~LJ ~w 8~ ~~ a.jf I!sú w ....ú ~ ~~ ~ Z ;., IØ m ~ TRACT "D" T.C.C. PH. 3 TRACT 1 B T.C.C. PH. 3 170' F.P.deL EASEMENT 70.01' S89~'16"W I I TRACT 17 T.C.C. PH. 3 SEE SHEET 2 OF 2 FOR DESCRIPlION tiQIE: THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIElD SURVEY OF SECTION 35. BASIS Of" BEARING: STATE PLANE COORDINATE SYSTEM. FlA. EAST ZONE, '83/90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 £MAIL: SURVEYlNGCCOONER.C0t.4 ENT: GREELEY AND HANSEN. LLC DRAWN BY: JRF CHECKED BY: J.N.W. ,ReEL DESCRIPTION: DATE: 8/27/04 SCALE: 1".100' REV: 10-20-04 .CCESS EASEMENT IN PARCEL 1, T.C.C. PH ONE Of" SEC 35-49-26 PROJECT No: 020901 DWG NO:SEC35T-A!(A£4) SHEET: 1 Of" 2 ~--..,-,",---'- Ag nda Item No. 100 January 11, 2005 Page 139 of 242 EXHIB'T . D pageM of jß" PROJECT ~ PARCEL {Ç~ FOLIO 'ìtoR?<;5'"JOSC05" SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN PARCEL 1, TOLLGATE COMMERCIAL CENTER, PHASE ONE, OF SECT10N 35, 1WP 49 S, RGE 26 E, COWER COUNTY, FLORIDA DESCRIPllON: A PARCEL OF LAND LYING IN PARC£l. ONE, TOlLGA'Œ COMIAERClAL CEN'ŒR, PHASE ONE, AS RECORD£D IN PLAT BOOK 16, PAGE 1, PUBUC RECORDS OF COWER COUNTY, F'LORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHVt£ST CORNER OF 'TRACT 11, TOlLGA'Œ COUIAERClAL CENTER PHASE 2, AS RECORDED IN PLAT BOOK 18, PAGE 24, THENCE RUN SOUTH 00'46'58" I't£ST FOR A DISTANCE OF 469.63 FEET AlONG A UNE THAT IS 85 FEET EAST OF (AS MEASURED AT RIGHT ANGLES), AND PARALLEL TO THE ¥t£ST UNE OF SAID PARC£l. ONE AND PARAlLEl TO THE WEST UNE OF' A 170-FooT F'LORIDA POWER k UGHT COMPANY EASEMENT; lHENCE RUN SOUTH 89"56'16" I't£ST FOR A DISTANCE OF' 70.01 FEET ALONG A UNE THAT IS AN EASTERLY EXTENSION OF THE SOUTH UNE OF PARCEl "TWO, SAID TOLLGA'Œ COMMERCIAL PHASE ONE; THENCE RUN NORTH 00·46'58" EAST FOR A DISTANCE OF' 472.25 FEET ALONG A UNE THAT IS 15 FEET EAST OF' (AS MEASURED AT RIGHT ANGlES), AND PARAlLEl TO THE WEST UNE OF SAID PARCEL ONE AND PARALLEL TO lHE WEST UNE OF' A 170-FooT F'LORIDA POWER k UGHT COMPANY EASEMENT TO THE SOUTHERLY RIGHT-OF-WAY UNE OF INTERSTA'Œ 75: THENCE RUN SOUTH 87"55'12" EAST FOR A DISTANCE OF 70.02 FEET ALONG SAID SOUlHERLY RIGHT-OF-WAY UNE TO THE POINT OF BEGINNING. CONTAINING 32.966 SQ. FT., OR 0.76 ACRES, ,lORE OR LESS SEE SHEET 1 OF 2 FOR SKETCH 1HIS IS NOT A SURVEY ~..t(EY C. COONER AND ASSOClA1ES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITt:.... FORT MYERS, FLORIDA 33912 PHONE; (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGCCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRA~ BY: JRF CHECKED BY; J.N.W. PARCEL DESCRIP110N: DATE: 8/27/04 SCAlE: NA I REV: ACCESS EASEMENT IN PARCEL " T.C.C. PH ONE OF SEC 35-49-26 PROJECT No: 020901 DWG NO:SECJ5T-AE(AE4)ISHEET: 2 OF 2 Ag nda Item No. 10D January 11, 2005 Page 140 of 242 ·" EXHIBIT-Á. Page.$.. of ~ .PROJECT ~ PARCEl q(oO FOLIO 1(11%<~t;" SKETCH AND DESCRIPTION OF A 15' UTILITY EASEMENT IN PARCEL 1, TOLLGATE COMMERCIAL CENTER, PHASE ONE. OF SECTION 35. TWP 49 S, RGE 26 E, COWER COUNTY, FLORIDA INTERSTATE 75 S87'S5'12'"E P.O.B. . 15.00' SOUTHERLY R/W UNE 7o.0~--1 --- N8'7'55'12·W P.O.C. I NW COR. TRACT 11,/ T.C.C., PH. 2 15' ¡,j ~I.IJ 8~ ~~ D..jf I5cJ .I"! · i~ :8 ~ D.. § ~ z ~ I I TRACT 11 I T.C.C. PH. 2 , I I I I TRACT 17 T.C.C. PH. 3 TRACT ·D" T.C.C. PH. 3 ¡¡ FOUO NO.: S 76885005005 PARCEL TWO, T.C.C. PH. ONE TRACT '8 T.C.C. PH. 3 W: COR. - CORNER F.P.&L-FLORIDA POWER '" UGHT CO. T.C.C.-Tou.GATE COMMERCIAL CENTER PH. - PHASE P.O.B. - POINT OF BEGINNING R/W - RIGHT-Of-WAY 170' F.P.&L EASEMENT SOUTH UNE PARCEL TWO 1. ' S89 6·W I SEE SHEET 2 OF 2 FOR DESCRIPl10N :;¡¡.- Cþ';~(R;R-';¡Ë"r.;¡ LB'77>1 PR~~ SURVEYOR AND MAPPER FLORII:IA UCENSE No...., 1.$ 4676 THIS't2l:!PDAY OF ~ 2004. I:iOJE:; THE PARCEL BEARING, DISTANCES. AND AREAS CALCULAtED ARE BASED ON A FIELD SURVEY OF SECl10N 35. BASIS OF" BEARING: STATE PLANE COORDINATE SYSTEM, F1.A. EAST ZONE, '83/90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BL YD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGCCOONER.COM ENT: GREELEY AND HANSEN, LLC DRAWN BY: oRF CHECKED BY: J.N.W. ~CEL DESCRlPlION: DATE: 8/27/04 SCALE: ,".100' REV: '0-20-04 ,5' Ul1UTY EASEMENT OF PARCEL " T.C.C. PH ONE OF SEC 35-49-26 PROJECT No: 020901 DWG No:SEC35T-AE(P4) SHEET: 1 OF 2 Ag nda Item No.1 00 January 11,2005 Page 141 of 242 EXHiBIT 1:s:. page-l140f . PROJE.CT ~.O~ ~ PARCEL ~ FOLIO '1<o~~Jjrob-a)E) SKETCH AND DESCRIPTION OF A 15' UTILITY EASEMENT IN PARCEL 1, TOLLGATE COMMERCIAL CENTER, PHASE ONE. OF SECTION 35. TWP 49 S, RGE 26 E, COll.IER COUNTY, FLORIDA DESCRIPTION: A 15-F'00T STRIP OF' LAND LYING IN PARCEL ONE. TOLLGATE COMMERCIAL CENTER, PHASE ONE, AS RECOROED IN PLAT BOOK 16, PAGE I, PUBUC RECORDS OF" COWER COUNTY. F1.ORIDA, DESCRIBED AS F"OLlOWS: COMMENCING AT 'THE NOR'TH'II£ST CORNER OF tRACT ". TOLLGATE COUMERClAL CENTER PHASE 2. AS RECORDED IN PLAT BOOK IS, PAGE 24, 'THENCE RUN NOR'TH 81'55'12- WEST FOR A DISTANCE OF 70.02 FEET ALONG 'THE SOU'THERlY RIGHT-Of-WAY UNE OF INTERSTATE 75 TO 'THE POINT OF BEGINNING; 'THENCE RUN SOU'TH 00'46'58- ~ST FOR A DISTANCE OF' 472.25 FEET ALONG A UNE 'THAT IS 15 FEET EAST OF (AS MEASURED AT RIGHT ANGLES), AND PARAL.1..EL TO 'THE ~ST UNE OF SAID PARCEL ONE AND A 170-FOOT F1.ORIDA POWER &: UGHT COMPANY EASEMENT; 'THENCE RUN SOU'TH 89'56'16- WEST FOR A DISTANCE Of 15.00 FEET ALONG A UNE 'THAT IS A EASTERLY EXTENSION OF 'THE SOU'TH UNE OF" PARCEL TWO. SAID TOLlGATE COMMERCIAL PHASE ONE: 'THENCE RUN NOR'TH 00'46'58- EAST F"OR A DISTANCE OF 472.81 FEET ALONG SAID ~ST UNE TO SAID SOU'THERLY RIGHT-OF-WAY UNE OF INTERSTATE 75; 'THENCE RUN SOU'TH 87"55'12- EAST 15.00 FEET ALONG SAID UNE TO 'THE POINT OF BEGINNING. CONTAINING 7,088 SQ. FT., OR 0.16 ACRES, ¡AORE OR LESS. SEE SHEET 1 OF 2 FOR SKETCH 'THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOClA1ES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FlORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL.: SURVEYlNGOCOONER.COU CUENT: GREELEY AND HANSEN, LlC DRA\\t-I BY: .JRF CHECKED BY: J.N.W. PARCEL DESCRIPl1ON: DATE: 8/27/04 SCAL.£:: NA -[REV: 10-20-04 IS' UTIUTY EASEl.CENT OF PARCEL I, T.C.C. PH ONE OF SEC 35-49-26 PROJECT No: 020901 DWG No:SEC35T-AE(P4) I SHEET: 2 OF 2 Ag nda Item No. 100 January 11, 2005 Page 142 of 242 EXH'BIT ~ page~Of~ PROJECT -30~.cIZ \ PARCEL ~ FOLIO ~''l~()r)OO I'ïÇD SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN 1RACT "D". WHITE LAKE CORPORATE PARK, OF' SECTION 35, TWP 49 S, RGE 26 E, COWER COUNTY, FLORIDA R-25.00' L-21.44' ..... ..... ð0049"08'41" 1>020.79' COB-N8S'23'3S"W ORTH UNE ~ITE LAKE CORPORATE PARK TRACT OlD" F'OUO NO.: 81790000180 D( ~ ~I iI: -< ði I " I; .::~' I~ '~~ Z 6 ,h-.. ,'1'°"10"'" "'?.s',t ~..p""""1 - "1~ >", R-2700.79' L-153.50' ð003'5'2:S- 1>o1SJ.48' COB-NGO'O'5!I"W . < . ~ C-CHORD CDS-CHORD BEARING COR. - CORNER F.P.&:L-FLORIDA POv.ER &: UGHT COMPANY L-LENGTH R-RADIUS R/W - RIGHT-OF-WAY P.O.S.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT å - DELTA ANClE ~~~~~~ LB6773) =~O~ SURVEYOR AND MAPPER FLORIDA UCENSE N9-, ~ 4876 THIS ~....GocA Y OF Y;;:.¡!:::; 2004. oE:SCRIPTlON OF A PORTION OF TRACT "0", ~ITE LAKE CORPORATE PARK, AS RECORDED IN PLAT BOOK 31, PAGES 26 &: 27, PUBUC RECORDS OF COLLER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT "D", THENCE RUN N89"OO'01"E, A DISTANCE OF 15.01 FEET ALONG THE NORTH UNE OF SAID TRACT "D" TO THE POINT OF BEGINNING; THENCE CONTINUE N89"OO'01"E, A DISTANCE OF 155.08 FEET ALONG SAID NORTH UNE; THENCE RUN SOO· 48'48"W, A DISTANCE OF 802.05 FEET ALONG A UNE THAT RUNS PARALLEL TO THE WEST UNE OF SAID TRACT "0" TO A POINT ON A NON-TANGENT CURVE OF RADIUS 25.00 FEET: THENCE RUN A DISTANCE OF 21.« FEET ALONG THE ARC OF SÞ.JD CURVE TO THE RIGHT THROUGH A DELTA ANGLE OF 49"08'41", (CHORD DISTANCE OF 20.79 FEET, BEARING N88"23'3S"W) TO A POINT OF COMPOUND CURVE: THENCE RUN A DISTANCE OF 153.30 FEET ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, RADIUS OF 2700.79 FEET, AND THE NORTH RIGHT-OF-WAY UNE OF AN ACCESS ROAD, THROUGH A DELTA ANGLE OF 03"15'23", (CHORD DISTANCE OF 153.48 FEET, BEARING N60"10'59"W) FOR 153.50 FEET TO SÞ.JO WEST UNE; THENCE RUN NOO·48'48"E. A DISTANCE OF 721.71 FEET ALONG A UNE THAT RUNS PARALlEL TO SÞ.JD WEST UNE TO SÞ.JD NORTH UNE. AND TO THE POINT OF BEGINNING. CONTAINING 118.940 SQUARE FEET, OR 2.73 ACRES, MORE OR LESS. IiQ]t; THE PARCEL BEARING, DISTANCES. AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECTION 23. SASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FlA. EAST ZONE, '83Î90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES. INC. SUR\IEVING AND t.4APPING 3900 COLONIAL BL YD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGCCOONER,COM UENT: GREELEY AND HANSEN, LLC DRAWN BY; JRF CHECKED BY: J.N.W. &.RCEL DESCRIP110N: DATE: 8/27/04 SCAlE:: 1"-200' REV: 1o-20-Q.i, "CCESS EASEMENT IN TRACT "D" CORPORATE PARK OF SEC 35-49-26 PROJECT No: 020901 DWG No:SEC35T-AE(AE2) SHEET: 1 OF 1 Ag nda Item No. 10D January 11, 2005 Page 143 of 242 ËXHIB,r .A-n_ ~Of~ PROJECT - 't><6q2- L PARCEL '1(1) ( FOLIO )(\ 'IC;r)t)UQ I <)(n SKETCH AND DESCRIPTION OF .A 15' UTILITY EASEMENT IN TRACT ·D·, WHITE LAKE CORPORATE PARK, OF SECllON 35, 1WP 49 S. RGE 26 E, COWER COUNTY, FLORIDA NORTH UNE v.tIlTE LAKE CORPORATE PARK 15' o( ~I ~ ðl (J ~ < ði TRACT "D" FOUO NO.: 81790000180 , 1SfY: C-CHORD CDB-CHORD BEARING F.P.&L-FlORIDA POWER & UGHT COMPANY L-LENGTH R-RADIUS R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING â - DELTA ANGLE ~..j..Hc-- -- ------------------ J S N. v.1L.KISON (FOR THE ARM LB6773) PROFESSIONAL SURVEYOR AND MAPPER flORIDA UCENSE NOk I,.S 4876 THIS~DAY OF fJ:é:.. 2004. -- DESCRIPTION OF A 15-FOOT STRIP OF LAND IN TRACT 'D', MilTE LAKE CORPORATE PARK, AS RECORDED IN PLAT BOOK 31, PAGES 26 & 27. PUBUC RECORDS OF COLLER COUNTY, flORIDA, DESCRIBED AS FOlLOWS; BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT "D", THENCE RUN N89'OO'OI"E. A DISTANCE OF 15.01 FEET ALONG THE NORTH UNE OF SAID TRACT "D"; THENCE RUN SOOt 48'46"W, A DISTANCE OF 721.71 FEET ALONG A UNE THAT RUNS PARALLEl.. TO THE WEST UNE OF SAID TRACT "D" TO THE NORTH RIGHT-or-WAY LINE OF AN ACCESS ROAD AND TO A POINT ON A NON-TANGENT CURVE OF RADIUS 2700.79 FEET; THENCE RUN A DISTANCE OF 17.47 FEET ALONG THE ARC OF SAID CURVE AND SAID NORTH RIGHT-OF-WAY UNE lliROUGH A DELTA ANGLE OF 00"22'14". (CHORD DISTANCE OF 17.47 FEET, BEARING N~'22'ID"W) TO SAID WEST UNE; THENCE RUN NOO'48'46"E, A DISTANCE OF 712.29 FEET TO SAID NORTH UNE TO THE POINT OF BEGINNING. CONTAINING 10,753 SQUARE FEET, OR 0.25 ACRES, MORE OR LESS. ...... ...... "r-. tIQI£; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A AELO SURVEY OF SECTION 23. BAS1S OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83/90. THIS IS NOT A SURVEY ÐFREY C. COONER AND ASSOCIA lES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUI1'E 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 £MAIL: SURVEYlNGCICOONER.COM CUENT: GREELEY AND HANSEN, LL.C DRAWN BY: JRF CHECKED BY; J.N.W. PARCEL DESCRlPl1ON: DATE: 8/27/04 SCALE: 1"-200' REV: 10-20-04 IS' UTlUTY EASEMENT IN TRACT "D" CORPORATE PARK OF SEC 35-49-26 PROJECT No; 020901 DWO No:SEc35T-A£(P2) SHEET: 1 OF 1 Ag nda Item No.1 00 January 11, 2005 Page 144 of 242 EXHIBIT~ page~of~ PROJECT ~ PARCEl ~(D z.. FOLIO rn~C1'RI..tLÍO~ SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE NOR1H 1/2, OF SEC110N 35, TWP 49 S, RGE 26 E, COWER COUNTY, FLORIDA PROPOSED 15' UTlUlY EASEMENT SOUni COUNTY REGIONAL WATER TREA 1MENT PLANT 15' 0 go' CllY GAlE COMMERCE CENlER PHASE ONE PLAT BOOK 41, PAGES 6 &: 7 ~P'O'C' W 1/4 COR. SECTION 35 J!!9'OO'OI"E S UNE OF niE N 1/2 J~¿~Õ;-;Ë-;'~~ LS6773) =~iC:AL SURVEYOR AND MAPPER FlOR~SE N0ö..~4876 nilS tÐAYOF . 2004. i2 ~ 170' F.P.&:L EASEMENT ORB 681/1210 -- 170' r.P.&:L EASE"ENT ORB 681/1212 S89'OO'01·W 155.08 WHIlE LAKE CORPORAlE PARK SEE SHEET 2 OF 2 FOR DESCRIPTION ~ ~ FOLIO NO.: 00298440304 ~: COR. - CORNER· F.P.&:L-FlORIDA PO~ &: UGHT CO. ORB - OFFICIAL RECORD BOOK PH - PHASE P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF CO....ENCEMENT Ie 15 ~ [SOUTH UNE OF niE N 1/2 --- tI.Q:æ niE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECTION 35. BASIS OF BEARING: STAlE PLANE COORDINA lE SYSlEM, FlA. EAST ZONE, '83(90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOClA1ES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, flORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL.: SURVEYlNGOCOONER.COM .CUENT: GREELEY AND HANSEN, u.c DRAWN BY: ~F CHECKED BY: J.N.W. 'ARCEL DESCRIPTION: DATE: 8/27/04 SCALE: '·.'00' REV: 10-20-04 ACCESS EASEMENT IN THE N 1/2 OF SEC 35-49-26 PROJECT No: 020901 DWO No:SEC35T-AE(AE1) SHEET: 1 OF 2 Ag Ada Item No. 100 January 11, 2005 Page 145 of 242 EXHIBIT A ~lêA.. of .-l14. PROJECT f1n9.c'f2,. \ . PARCEL ~{¿.L FOLIO (''ÝM..0 5<.~4{)7{)~ SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN lHE NORlH 1/2. OF SECT10N 35, TWP 49 S, RGE 28 E, COWER COUNTY, FLORIDA DESCRIPTION: A PARCEL OF LAND LYING IN THE NORTH 1/2 OF SECTION 35. TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FlORIDA. DESCRIBED AS FOLLOWS: COMMENCING AT THE Wë:ST 1/4 CORNER OF SAID SECTION 35. THENCE RUN N80'OO'01"E, FOR A DISTANCE Of 1230.84 FEET ALONG THE SOUTH UNE OF THE NORTH 1/2 OF SAID SECTION 35, ALSO BEING THE SOUTH LINE OF CITY GATE COMMERCE CENTER, PHASE 1, AS RECORDED IN PLAT BOOK 41, PAGES 6 AND 7. PUBUC RECORDS OF COLLIER COUNTY, FlORIDA. TO iHE POINT OF BEGINNING; iHENCE RUN Noo'47'14"E, FOR A DISTANCE Of 1049.53 FEET ALONG A UNE iHAT IS 15.00 FEET EAST Of (AS IAEASURED AT RIGHT ANGLES), AND PARALLEL TO, iHE Wë:ST UNES OF iHE FLORIDA POWë:R AND UGHT COMPANY RIGHT-Of-WAY EAS£IoIENTS AS RECORDED IN OFFICIAL RECORDS BOOK 681, PAGE 1212 AND OFFICIAL RECORDS BOOK 681, PAGE 1210; iHENCE RUN S89'2'46"E FOR A DISTANCE OF 155.00 FEET; iHENCE RUN SOO'47'14"W, FOR A DISTANCE OF 1044,70 FEET ALONG iHE EAST UNES Of SAID FlORIDA POWë:R AND LIGHT COIAPANY RIGHT-OF-WAY EASEMENTS; iHENCE RUN S80-o0'01"W, FOR A DISTANCE OF 155.08 FEET ALONG SAID SOUTH UNE OF SAID NORiH 1/2 AND iHE POINT OF BEGINNING. CONTAINING 162,303 SQ. FT., OR 3.73 ACRES. 1A00E OR LESS SEE SHEET 1 OF 2 FOR SKETCH ,.,US IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES. INC. SURVE'I'ING AND I.tAPPlNG 3900 COLONIAL BLVD., SUITE 4, FORT I.tYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 £MAIL: SURVE'I'INGGCOONER.COM ClIENT: GREELEY AND HANSEN, LLC DRAWN BY: .RF CHECKED BY: J.N. w. PARCEL DESCRlPl1ON: DATE: 8/27/04 SCALE: 1"-100' .REV'10-20-04 ACCESS EASEMENT IN THE ' N 1/2 OF SEC 35-49-26 PROJECT No: 020901 DWO NO:SECJ5T-AE(AE1) I SHEET: 2 OF 2 Ag nda Item No. 100 January 11, 2005 Page 146 of 242 ----- ------ EXHIBIT IJ page~of:1t2r: PROJECT ...!J{)~P(2 t PARCEl C\(b.:J.. FOLIO ()')lC1'<8L(.Lt()?ÐL{ SKETCH AND DESCRIPTION OF A 15' UTILITY EASEMENT IN 'THE NORl'H 1/2. OF SECll0N 35, TWP 49 S, RGE 26 E. COWER COUNTY, FLORIDA 1215.83' P.O.B. 1 01' S89"OO'01"W WHITE LAKE tLO.:œ CORPORATE PARK THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A ~ELO SURVEY OF SECl10N 35. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83(90. SOUTH COUN'IY REGIONAL WATER TREATMENT PLANT 170' F.P .&L.. EASEMENT ORB 681/1210 CITY GATE COMMERCE CENTER PHASE ONE PLAT BOOK "'1, PAGES 6 '" 7 170' F.P.&L.. EASEMENT ORB 681/1212 ~P'O'C' W 1/... COR. SECTION 35 .l!!t9'OO'01"E Lo.I \r ;:: :t' 8 z t ;:: :t' § S UNE OF THE N 1/2 --- ;-~;~~~~ LB6773) P~~AL SURVEYOR AND MAPPER FtORlDA_ WJ;EN$E·.NØ, I,.S 4876 THIS 'ZE"DAY OF ~ 200.... SEE SHEET 2 OF 2 FOR DESCRIP110N I FOUO NO.: I 00298440304 I W: F.P."'L-FtORIOA POWER '" UGHT CO, I ORB - OFFICIAL RECORD BOOK PH - PHASE I P.O.B. - POINT OF BEGINNING I P.O.C. - POINT OF COMMENCEMENT í SOUTH UNE ,.-!:.F ~ ~2 THIS IS NOT A SURVEY JEfft<EY C. COONER AND ASSOCI A TESt INC. SURVE'I'ING AND MAPPING 3900 COLONIAL BLVD., SUITE 4. FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM ENT: GREELEY AND HANSEN, LLC DRAWN BY: JRF CHECKED BY: J.N.W. ARCEL DESCRIPll0N: DATE: 8/27/0'" SCALE: 1".100' REV: 10-20-0... IS' Ul1UTY EASEMENT IN THE NORTH 1 2 OF SEC 35-"'9-26 PROJECT No: 020901 DWG NO:SECJ5T-AE(P1) SHEET:' OF 2 Ag nda Item NO.1 00 January 11, 2005 Page 147 of 242 EXHIBIT A page.of~ PROJECT ~ PARCEL q{p ~ FOlIO (YJ;X:¡~440~Lf SKETCH AND DESCRIPTION OF A 15' UTILITY EASEMENT IN THE NORTH 1/2, OF SECllON 35, TWP 49 S, RGE 26 E, COWER COUNTY, FLORIDA DESCRIPTION: A 15-FooT S1RJ? OF LAND LYING IN THE NORTH 1/2 OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COWER COUHTY, FlORIDA. DESCRIBED AS FOLLOWS: COMMENCING AT THE VlEST 1/4 CORNER OF SAID SECTION 35, THENCE RUN N89"OO'OI"E, FOR A DISTANCE OF 1215.83 FEET ALONG "THE SOUTH UHE OF THE NORTH 1/2 OF SAID SECTION 35, ALSO BEING THE SOUTH UNE OF CITY GAlE COMMERCE CEN1ER, PHASE ONE, AS RECORDED IN PLAT BOOK 41, PAGES 6 AND 7, PUBUC RECORDS OF COWER COUNTY, FlORIDA, TO THE POINT OF BEGINNING; THENCE RUN NOO'47'14"E, FOR A DISTANCE OF 1050.00 FEET ALONG "THE WEST UNES OF THE FlORIDA POVtER AND UGHT COMPANY RIGHT-OF-WAY EASEt.tENTS AS RECORDED IN OFFICIAL RECORDS BOOK 681, PAGE 1212 AND OFFICIAL RECORDS BOOK 681, PAGE 1210; THENCE RUN 589'12'48"E FOR A DISTANCE Of 15.00 FEET; THENCE RUN SOO'47'14"W, FOR A DISTANCE Of 1049.53 FEET ALONG A UNE THAT IS 15.00 FEET EAST OF (AS t.4EASURED AT RIGHT ANGLES), AND PARALLEL TO, THE VlEST UNE OF SAID FlORIDA POWER AND UGHT COMPANY RIGHT-OF-WAY EASEt.tENTS; THENCE RUN S89'OO'01"W, FOR A DISTANCE OF 15.01 FEET ALONG SAID SOUTH UNE OF SAID NORTH 1/2 AND "THE POINT Of BEGINNING. CONTAINING 15,746 SQ. FT.. OR 0.36 ACRES, MORE OR LESS SEE SHEET 1 OF 2 FOR SKETCH THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCI A lES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4. FORT MYERS. Fl.ORIDA 33912 PHONE: (239)277-0722 FAX; (239)277-7179 EMAIL: SURVEYlNGCCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JRF CHECKED BY: J.N.W. PARCEL DESCRlPl1ON: DATE: 8/27/04 SCALE: 1".100' TREV: 10-20-04 15' UT1UTY EASEMENT IN THE NORTH 1/2 OF SEC 35-49-26 PRO.£CT No: 020901 DWO No:SECJ5T-A£(PI) lSHEET: 2 OF 2 ---. " Ag nda Item No. 100 January 11 , 2005 Page 148 of 242 EXHIBIT 4_ ~.ge~of~ PROJECT ~ai-.qz..\ PARCEL q(¿, ~ FOLIO mz.C\«44~r~q SKETCH AND DESCRIPTION OF A 20' UTILITY EASEMENT IN THE NORTH 1 /2. OF SECll0N 35. TWP 49 S. RGE 26 E. COWER COUNTY. FLORIDA ~ .,.. ~~ ~~ z S89'2'48"E 170.00' SOU'TH COUNTY REGIONAl WATER TREATMENT PLANT 150.00 N89' 2' .¡s"W 170' F.P.&L. R/W EASEMENT ORB 681/1210 FOUO NO.: 00298440304 CITY GATE COMMERCE CENTER PHASE ONE PLAT BOOK 41, PAGES 6 &: 7 t ~ :t' 8 170' Z F.P.&L. R/W EASEMENT ORB 681/1212 'b oø ~ KE:t F.P.&L.-F\.ORIDA POWER &: UGHT CO. ORB - OFFICIAL RECORD BOOK/pAGE P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT R/W - RIGHT-OF-WAY SEE SHEET 2 OF 2 FOR DESCRIPTION çPOC S UNE OF . vi i¡4 CORNER 'THE N 1/2l SECTION 35 N89"OO'01"E - ./'--- 1365.90' - - -P.O.B. VlHITE LAKE CORPORATE PARK tiQ]f; 'THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FlElD SURVEY OF SECTION 35. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83/90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVE'I1NG AND MAPPING 3900 COLONIAL BL \/D., SUITE 4, FORT MYERS. FlORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEY1NGCCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JRF CHECKED BY: J.N.W. ;>ARCEL DESCRIP110N: DATE: 9/13/04 SCALE: '"-100' REV: 9-17-04 20' UTlUTY EASEMENT IN 'THE NOR11-i 1 2 OF SEC 35-49-26 PRO.£CT No: 0205101 DWG No:SEC35T-AE(UE1) SHEET: 1 OF 2 N. WILKISON (FOR mE FlRM LB6773) PR SSlONAl SURVEYOR AND I.CAPPER F\.ORl.QA UCENSE N . LS 4876 'THIS '~DAY OF 2004. Ag nda Item NO.1 00 January 11, 2005 Page 149 of 242 EXHIBIT It . ~tt..J!:i::[ of -1./ß!i. PROJECT ~(nc, 2. L PARCEL q(., ~ FOLIO ro?{i ~4lfo"?Q-( SKETCH AND DESCRIPTION OF A 20' UTILITY EASEMENT IN lHE NORlH 1/2, OF SECi10N 35, 'MP 49 S, RGE 26 E, COWER COUNTY, FLORIDA DESCRIPTION OF A 20-FOOT STRIP OF LAND, WHOSE CENTERLINE FOLLOWS AN EXISTING 4" SANITARY SEWER FORCE MAIN, LYING IN THE NORTH 1/2 OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 35, THENCE RUN N89'00'01"E, FOR A DISTANCE OF 1365.90 FEET ALONG THE SOUlH LINE OF THE NORTH 1/2 OF SAID SECTION 35, ALSO BEING THE SOUTH LINE OF CITY GATE COMMERCE CENTER, PHASE ONE, AS RECORDED IN PLAT BOOK 41. PAGES 6 AND 7, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TO THE POINT OF BEGINNING; THENCE RUN NOO'47'14"E, FOR A DISTANCE OF 1362.60 FEET ALONG A LINE THAT IS PARAllEL TO THE EAST LINES OF FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENTS AS RECORDED IN OFFICIAL RECORDS BOOK 681, PAGE 1212 AND OFFICIAL RECORDS BOOK 681, PAGE 1210, BOTH RECORDINGS IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N89'12'46"W FOR A DISTANCE OF 150.00 FEET TO THE WEST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 681, PAGE 1210; THENCE RUN NOO·47'14"E. FOR A DISTANCE OF 20.00 FEET ALONG SAID WEST LINE; THENCE RUN S8912'46"E FOR A DISTANCE OF 170.00 FEET TO THE EAST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT; THENCE RUN SOO'47'14"W, FOR A DISTANCE OF 1382.60 FEET ALONG SAID EAST LINES; THENCE RUN S89'00'Q1"W, FOR A DISTANCE OF 20.01 FEET ALONG SAID SOUTH LINE OF THE NORTH 1/2 AND THE POINT OF BEGINNING. CONTAINING 30,658 SQ. FT., OR 0.70 ACRES, MORE OR LESS SEE SHEET I OF 2 FOR SKETCH ~EY C. COONER AND ASSOCIA 1ES. INC. SlJRVE"r'lNG AND MAPPING 3900 COLONIAL BLVD., SUI1E 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EUAlL.: SURVE"r'lNGOCOONER.COM CUENT: GREELEY AND HANSEN. LLC DRA'MtI BY: ..RF CHECKED BY: J.N.W. PARCEL DESCRIPtiON: DAlE: 9/13/04 SCALE: '".100' I REV: 20' UTlUTY EASEMENT IN THE NORTH 1/2 OF SEC 35-"'9-26 PROJECT No: 020901 DWO No:SEC35T-AE(UE1) ISHEET: 2 OF 2 Ag nda Item No. 100 January 11, 2005 Page 150 of 242 A EXHIBIT~, Page -J#I".. of PROJECT r¡n~C¡2. \ PARCEl C\lh4 F' Ol r 0 'R \ 'lCtC('Y)O '8'0 Ag nda Item NO.1 00 January 11, 2005 Page 151 of 242 SKETCH AND DESCRIPTION OF .A 20' UTILITY EASEMENT IN lRACT -D-, WHITE LAKE CORPORATE PARK, OF SECTION 35, 1WP 49 S, RGE 26 E, COWER COUNTY, FLORIDA R-25.00 L-20.59 6-47;0'52- ...... ...... CH=20.01' CHB""'N87'22' 48-W NORTH LINE WHITE LAKE CORPORATE PARK P.O.C. NW COR. TRACT "0" ~~( I~~ ~ I ~I II) ;¡: < ði TRACT "0" FOUO NO.: 81790000180 ~I " ~I " z ~c~" I "~~I Q¡,~ ,,0-fð ~.s'~ ~'t--~......" ~~ >.,. ...... . :< 18~1 I~ J: !s! a.. . z """;¡: c.:>::E z..... Fo ~lš .....1&.. ...... ~: C-CHORD COB-CHORD BEARING COR. - CORNER F.P.&L-FLORIDA POWER & LIGHT COMPANY L-LENGTH R-RAOIUS R/W - RIGHT-Of-WAY P.O. B.-POINT OF BEGINNING P.O.C.-POINT Of COUMENCEMENT å - DELTA ANQlE DESCRIPTION OF A STRIP OF LAND, \\HOSE CENTERLINE FOLLOWS AN EXISllNG 4" SANITARY SEWER FORCE MAIN, LYING IN TRACT "D", WHITE LAKE CORPORATE PARK. AS RECORDED IN PLAT BOOK 31, PAGES 26 & 27, PUBLIC RECORDS OF COLLER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT "0", THENCE RUN N89'OO'OI"E, A DISTANCE OF 150.07 FEET ALONG THE NORTH LINE OF SAID TRACT "0" TO THE POINT OF BEGINNING; THENCE CONTINUE N89'OO'OI"E, A DISTANCE OF 20.01 FEET ALONG SAID NORTH LINE; THENCE RUN SOO' 4ð'46"W, A DISTANCE OF 802.05 FEET ALONG A LINE THAT RUNS PARALLEL TO THE WEST LINE OF SAID TRACT "0" TO A POINT ON A NON-TANGENT CURVE OF RADIUS 25.00 FEET; THENCE RUN A DISTANCE OF 20.59 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT THROUGH A DELTA ANGLE OF 47'10'52", (CHORD DISTANCE OF 20.01 FEET, BEARING N87'22'48"W); THENCE RUN NOO'48'46"E, A DISTANCE OF 800.78 FEET ALONG A LINE THAT RUNS PARALLEL TO SAID WEST LINE TO SAID NORTH LINE, AND TO THE POINT OF BEGINNING. CONTAINING 16,057 SQUARE FEET, OR 0.37 ACRES. MORE OR LESS. !:mE; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF ~ SECTION 23. BASIS OF BEARING: STATE PLANE ~ COORDINATE SYSTEM. FLA. EAST ZONE. '83/90. ~; N~-;~I;~-lf;--;~~;~ LB6773) PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NQ, ~ 4876 THIS~DAY Of~ 2004. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIA 1ES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD,. SUITE 4, FORT M'f'ERS, FLORIDA 33912 PHONE: (239}277-0722 fAX: (239}277-7179 EMAlL: SURVEYlNGCIICOONER.COM '::LJENT: GREELEY AND HANSEN, LLC DRAWN BY: ~W CHECKED BY: J.N.W. PARCEL DESCRIP110N: DATE: 8/27/04 SCALE: 1"-200' REV: 20' UliLlTY EASEMENT IN TRACT "D" CORPORATE PARK OF SEC 35-49-26 PRo.£CT No: 020901 DWG No:SEC35T-AE(UE2) SHEET: 1 OF 1 EXHIBIT ~-5. page~of PROJECT ~O~q z. \ PARCEL q(PS" FOLIO X\'\~(:YX-yx)d.?) SKETCH AND DESCRIPTION OF A UTILITY EASEMENT IN 1RACT -A-, WHITE LAKE CORPORATE PARK, OF SECllON 35, TWP 49 S, RGE 26 E, COWER COUNrf, FLORIDA 170' FP&L R/W EASEMENT ~EXISTlNG 4" PVC FORCE MAIN I I I ' I l'~ P.O.C. ~ SW 1/4 CORNER TRACT "D· ~ ..<): ...... ¿",~,Oo.~9·""" J~'ðJ' Co/J...c..,~, ~. ~0-Doðp' <$~ 10' TRACT "D· I / /1RACT / -A- / (SHAW BOULEVARD) FOUO NO.: 81790000025 ...... t:G:. ~ FORCE MAIN (090..q -iCe Dþ ~$.5' ~l" 090-i ~,oDI? AfC'¡;.5'~ 6" $) "'~< ~;;oo.>¡þ , ~:<'8-~'>- ~~7 ~~ ...... ...... I.ŒY: F.P.okL-FLORIDA PO~ ok UGHT CO. ORB - OFAClAL RECORD BOOK/pAGE P.O.B. - POINT Of' BEGINNING P.O.C. - POINT Of' COMMENCEMENT R/W - RIGHT-OF-WAY R '- RADIUS L - ARC LENGTH A- DELTA ANGLE C - CHORD LfNGTH CDB - CHORD BEARING ............... _~_J...~_ J S N. WILKISON (FOR THE FIRM LB6773) P SSlONAL SURVEYOR AND MAPPER FLORIDA .YCENSE NCl.. LS 4876 THIS ~-tAY OF ~ 2004. ~ THE PARCEL BEARING, DISTANCES, AND AREAS CALCULA1EO ARE BASED ON A FIELD SURVEY Of SECTlON 35. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM. FlA. EAST ZONE. '83/90. SEE SHEET 2 OF 2 FOR DESCRIPTlON THIS IS NOT A. SURVEY Ð'FREY C. COONER AND ASSOCIA 1ES, INC. SURVEYING AND MAPPING 3900 COlONIAL BLVD., SUI1E 4, FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL.; SURVE'I1NGc;c()()NER.COM CUENT: GREELEY AND HANSEN. LLC DRAWN BY: .RF CHECKED BY: J.N.W. PARŒL DESCRIP11ON: DAlE: 9/16/04 SCALE: 1".10' UTY. EASEMENT OF TRACT "A·, WHITE lAKE CORPORATE PARK OF SEC 35-49-26 PROJECT No: 020901 DWG No:SEC35T-AE(UEJ) SHEET: 1 OF 2 REV: 9/17/04 ...... ...... ......... Ag nda Item No. 100 January 11, 2005 Page 152 of 242 4- EXHIBIT 1~'5 page-m0f PROJECT -.J(JÇÇcp. \ PARCEL C1(p~ FOL TO ~\ 'lC) (')([)(V;;.c:; SKETCH AND DESCRIPTION OF A UTILITY EASEMENT IN lRACT "A-. WHIlE LAKE CORP ORAlE PARK, OF SEC110N 35, TWP 49 S, RGE 26 Eo COWER COUNTY, FLORIDA DESCRIPTION: A PARCEL OF LAND IN TRACT "A", WHITE LAKE CORPORATE PARK, AS RECORDED IN PLAT BOOK 31, PAGES 26 & 27, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT 1HE SOU1HWEST CORNER OF TRACT "0", OF SAID WHITE LAKE CORPORATE PARK, THENCE RUN 171.83 FEET ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 2,700.79 FEET, 1HROUGH A DELTA ANGLE OF 03'38'43", (CHORD DISTANCE OF 171.80 FEET, BEARING SOUTH 60'00'26" EAST) ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF AN ACCESS ROAD AS SHOWN IN ROAD PLAT 3, PAGES 6-15, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TO THE POINT OF BEGINNING; THENCE RUN NORTH 00'47'44" EAST A DISTANCE OF 0.02 FEET TO THE _ SOU1HERLY LINE OF TRACT "D", SAID WHITE LAKE CORPORATE PARK; THENCE RUN 20.59 FEET ALONG SAID SOUTHERLY LINE AND 1HE ARC OF A CIRCULAR CURVE TO THE LEFT. HAVING A RADIUS OF 25.00 FEET, 1HROUGH A DELTA ANGLE OF 47"10'52", (CHORD DISTANCE OF 20.01 FEET, BEARING SOUTH 87'22'48" EAST), SAID LINE ALSO BEING A BOUNDARY LINE OF TRACT "A", SAID WHITE LAKE CORPORATE PARK; THENCE RUN SOUTH 00'48'46" WEST, A DISTANCE OF 9.63 FEET TO SAID NORTHERLY RIGHT-OF-WAY LINE OF 1HE AFOREMENTIONED ACCESS ROAD TO A POINT ON A NON TANGENT CURVE TO THE RIGHT; THENCE RUN 22.47 FEET ALONG THE ARC OF SAID NON TANGENT CIRCULAR CURVE, HAVING A RADIUS OF 2,700.79 FEET, 1HROUGH A DELTA ANGLE OF 00'28'36", (CHORD DISTANCE OF 22.47 FEET, BEARING NORTH 62'04'05" WEST) ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. CONTAINING 68.70 SQUARE FEET, MORE OR LESS. SEE SHEET 1 OF 2 FOR SKETCH JEFFREY C. COONER AND ASSOOA TES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUI1E 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGGCOONER.COM ,_ CUENT: GREEl£Y AND HANSEN, LLC DRAWN BY: ..RF CHEa<ED BY: J.N.W. PARCEL DESCRIPTION: DATE: 9/16/04 SCALE: 1"-100' I REV: IUlY. EASEMENT OF TRACT "A", WHITE LAKE CORPORATE PARK OF SEC 35-49-26 PRo.Æ:CT No: 020901 DWG NO:SEC35T-AE(UE3) I SHEET: 2 OF 2 Ag nda Item NO.1 00 January 11, 2005 Page 153 of 242 EXHIBIT ~D5'" page~of PROJECT ~ PARCel ~{!)I {I FOlIO r¡<, ~<rçS':F05lÞ~ SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN lRACT 11, roLl.GA iE COMUERQAL CENTER, PHASE 2- OF SECTION 35, ~ 49 5, RGE 26 E, COWER COUNTY, FLORIDA PROPOSED 15' c-II ..; UTIUTY EASEMENT ~ I ~ UJ II -J~ t w II ~~ Il.if ~cJ I I .... cJ 0::0-: < II Il. ~ II PARCEL TWO, T.C.C. PH. ONE PB 16. PG 1 KEY; COR. - CORNER F.P.&:L. - flORIDA PO\\£R &: UGHT CO. R/W - RIGHT-OF-WAY T.C.C. - TOLlGATE COMMERCIAL CENTER PB - PLAT BOOK PC - PAGE PH. - PHASE P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT 1~·02' II P.O.B. II II I I INTERSTATE 75 P.O.B. NE COR. 1RACT 11, T.C.C. PH. 2 :3 iii ~ 1RACT "0" T.C.C. PH. 3 11IACT 11 r.c.c. PH.' 2 P8 I , PC 2~ :. ~ ~ TRACT 18 T.C.C. PH. 3 no' F.P.&:L. EASÐ.IENT / 86.01 ' N88'S8'18"E I I TRACT 17 T.C.C. PH. 3 SEE SHEET 2 OF 2 FOR DESCRIPTION !:iQ!t: THE PARCEL BEARING, DISTANCES. AND AREAS CAlCULATED ARE BASED ON A FlELD SURVEY OF SECTION 35. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FlA. EAST ZONE. '83/90. THIS IS NOT A SURVEY -EFFREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4. FORT MYERS. F1.ORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL.: SUR'Æ't'lNOOCOONER.COU CUENT: GREELEY AND HANSEN. LLC DRAWN BY: .RF CHECKED BY: J.N. w. PARCEL DESCRIPT1ON: DATE: 8/27/04 SCALE: 1"-100' REV: 10-20-04 AN ACCESS EASEMENT OF 1RACT II, T.C.C. PH 2 OF SEC ;55-49-26 PROJECT No: 020901 DWG NO:SEC35T-AE(AE7) SHEET: 1 OF 2 ~',-_=::_- JAM N. WIlKISON (.OR THE FlRM LB6773) PRO SSlONAL SURVEYOR AND WAPPER flORIDA UCENSE NO. LS 4876 THIS 'l!:.&OAY OF' ~ 2004. Ag nda Item No. 100 January 11, 2005 Page 154 of 242 EXHIBIT ~ Page -l6!2- of PROJECT ~ PARCEl 7\ld tJ FOLIO fl(/J~1ç5:?f:05'ð~ SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN TRACT 11, TOLLGAlE COMMERCIAL CENTER. PHASE 2, OF SECl10N 35, TWP 49 S, RGE 26 E. COLUER COUNTY. FLORIDA DESCRIPTION: A PARCEL LYING IN TRACT 11, TOLLGATE COMMERCIAL CENTER, PHASE 2, AS RECORDED IN PLAT BOOK 18, PAGE 24, PUBLIC RECORDS OF COLUER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT 11, THENCE RUN NORTH 87'55'12" ~ST FOR A DISTANCE OF 85.02 FEET ALONG THE SOUTHERLY RIGHT-Of-WAY LINE OF INTERSTATE 75 TO A LINE THAT IS 85 FEET WEST OF (AS MEASURED AT RIGHT ANGLES), AND PARALLEL TO THE EAST LINE OF A 170-FooT FLORIDA POWER & LIGHT COMPANY EASEMENT; THENCE RUN SOUTH 00'46'58" WEST FOR A DISTANCE OF 469.63 FEET ALONG SAID PARALLEL LINE; THENCE RUN NORTH 89"56'16" EAST FOR A DISTANCE OF 85.01 FEET ALONG A LINE THAT IS A EASTERLY EXTENSION Of THE SOUTH LINE Of PARCEL TWO, TOLLGATE COMMERCIAL PHASE ONE, AS RECORDED IN PLAT BOOK 16, PAGE 1, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE RUN NORTH 00'46'58" EAST FOR A DISTANCE OF 466.45 FEET ALONG THE EAST LINE OF SAID 17D-FooT FLORIDA POWER & LIGHT COMPANY EASEMENT TO lHE SOUlHERLY RIGHT-OF-WAY LINE OF INTERSTATE 75 AND THE POINT OF BEGINNING. CONTAINING 39,784 sa. FT., MORE OR LESS .- SEE SHEET 1 OF 2 FOR SKETCH THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIA 1ES, INC. SUR'ÆYlNG AND MAPPING 3900 COLONIAL BLVD., SUITE 4. FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL.: SUR'ÆYlNGCCOONER.COM - . CLIENT: GREELEY AND HANSEN, LLC DRAWN BY: .RF CHECKED BY: J.N.W. ~ARŒL DESCRIPl1ON: DAlE: 8/27/04 SCALE' NA I REV: I AN ACCESS EASEMENT Of TRACT 11. .. r.C.c. PH 2 Of SEC 35-49-26 PROJECT No: 020901 DWG NO:SECJ:¡T-AE(A£'7)ISHEET: 2 OF 2 Ag nda Item No. 100 January 11,2005 Page 155 of 242 EXHIBIT-Æ-/ page-ti'-of ~ PROJECT PARCEL FOLIO 'lo~c, ~ L 11.0 {o t-.JIA TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) ----~.- . ------- -_.._-~---- SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION "ELL NO. 1 IN lHE NW 1/4 OF SECl10N 2, 1WP 50, S, RGE 26 E, COWER COUN1Y, flORIDA P.O.C. N. 1/4 CORNER OF SEC. 2 7 NORTH LINE OF THE NW 1/4 OF SEC.:...?-L\;- _) 1'.- 777.00' : w SB7ï5'31"W .. I ~ 10 "> .. N< co . I N ~ I g I VJ P.O.B. I BECK BLVD. 3: N 89"31'25- E 180.00' PROPOSED 20' Ul1UTY ,^~E~ . ~b iDO 5"1 d 8 U) . It) - W !"> .. co oS'! 00 ~o z 120.00' S 89"31 '25- W (I) w IŒY: P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COM'-IENCEMENT 3: .. . 8~ 'iD 8S'! -8 DESCRIPTION: A PARCEL IN THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COWER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 2, THENCE RUN S 8715'31" W FOR A DISTANCE Of 777.00 FEET ALONG THE NORTH UNE Of THE SAID NORTHWEST 1/4 OF SECTION 2; THENCE RUN S 00'28'35" E FOR A DISTANCE Of 121.25 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE. S 00'28'35" E FOR A DISTANCE OF 100.00 FEET; THENCE RUN S 69'31'25" W FOR A DISTANCE OF 120.00 FEET; THENCE RUN N 00'28'35" W FOR A DISTANCE OF 40.00 FEET; THENCE RUN S 89'31'25" W FOR A DISTANCE OF 60.00 FEET; THENCE RUN N 00'28'35" W FOR A DISTANCE Of 60:00 FEET; THENCE RUN N 89'31'25" E FOR A DISTANCE OF 180.00 FEET TO THE POINT OF BEGINNl~G. CONTAINING 15,600 SQUARE FEET or 0.36 ACRES, MORE OR LESS. - ~ WilE; THE PARCEL BEARING, DISTANCES, AND AREAS ---- :...-------- CALCULA"Tm ARE BASED ON A FIELD SURVEY OF S N. 'MLKISON (FOR THE FIRM L86773) SECTION 11. BASIS OF BEARING: STATE PLANE ÆSSlONAL SURVEYOR AND MAPPER COORDINATE SYSTEM. FLA. EAST ZONE, '63/90. TH?:~~%~yS~~~~b~4. THIS IS NOT A SURVEY S~t(EY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD" SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAll.; SURVEYlNGGCOONER.COM CUENT: GREElEY AND HANSEN. LtC DRAWN BY: ..NM CHECKED BY: J.N.W. PARCEl.. DESCRIP110N: v.ELl. NO. 1 DATE: 7/19/04 SCALE: '"-60' TEIAP. CONSlRUCTION EASEMENT IN THE NW 1 4 Of' SEC 2-50-26 PROJECT No: 020901 DWG No: REV: 10/20/04 - ~~: 1 OF 1 Ag nda !tem NO.1 00 January 11 , 2005 Page 156 of 242 EXHIBIT A -' Page~Of ---Ik6 PROJECT -.:JO'6, q Z. \ PARCEl C"iCDI () FOlIO ~1 \ ~ SKETCH .AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 1 IN THE NW 1/4 OF SEClION 2, TWP 50, S, RGE 26 E. COWER COUNTY, FLORIDA PROPOSED 20' un LI TY EASEMENT . - I() 01') 0- .c:o ~S'I o o z P.O.C. N. 1/4 CORNER - OF SEC. 2 7 NORTH LINE OF THE NW 1/4 OF SEC.:... 2+ _..A ("- 777.00' I SBT1S'31"W I I I w I : _ 1 ~ It) '> _ "! <; ~ N I 0 N 0 1&.1 I (/) . I o~ I ~~ I .... 0 I 1SEr: o 120 00 P.O.B. - POINT OF BEGINNING .' I P,O.C. - POINT OF COMI.4ENCEt.AENT (I) _ _ -Þ., ï _ ..J P.O.B. V BECK BLVD. N 89"31'25- E ~ 60,00' 60,00' S 89·31'25- W DESCRIPTION' A PARCEL IN ìHE NORìHWEST 1/4 OF SECTION 2, TOWNSHIP 50 SOUìH, RANGE 26 EAST, COLLIER COUNTY, flORIDA, DESCRIBED AS FOllOWS: COMMENCING AT ìHE NORìH 1/4 CORNER OF SAID SECTION 2, ìHENCE RUN S 8715'31" W FOR A DISTANCE OF 777.00 FEET ALONG ìHE NORìH LINE OF ìHE SAID NORTHWEST 1/4 OF SECTION 2; THENCE RUN S 00"28'35" E FOR A DISTANCE OF 221.25 FEET; THENCE RUN S 89'31'25" W FOR A DISTANCE OF 120.00 FEET TO ìHE POINT OF BEGINNING; THENCE CONTINUE S 89'31'25" W FOR A DISTANCE OF 60.00 FEET; THENCE RUN N 00'28'35" W FOR A DISTANCE OF 40.00 FEET; THENCE RUN N 89'31'25" W FOR A DISTANCE OF 60;00 FEET; ìHENCE RUN S 00'28'35" E FOR A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 2.400 SQUARE FEET. OR 0.06 ACRES. MORE OR LESS. ~4~_,,¿~~"~ LB6773) P:!:~L SURVEYOR AND MAPPER FLORUlA....UCE:NSE NO....,l..:?L4876 'THIS f::::!:...."'1rAY OF ~ 2004. tiQIE; 'THE PARCEL BEARING. DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECl10N 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM. FlA. EAST ZONE. '63/90. THIS IS NOT A SURVEY Ð'FREY C. COONER AND ASSOCIA 1ES, INC. SUR'Æ'YlNG AND MAPPING 3900 COlONIAl. BLVD., SUITE 4, FORT MYERS, flORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 £MAIL.: SURVE"'I'INGOCOONER.COM ~ENT: GREELEY AND HANSEN, LLC DRAWN BY: ..NM CHECKED BY: J.N. W. .'ARCEL DESCRIPTION: WELL NO.1 DATE: 7/20/04 PRODUCTION WELL UT1UTY EASÐAENT IN 'THE NW 1 4 OF SEC 2-50-26 PROJECT No: 020901 Ag nda Item NO.1 OD January 11, 2005 Page 157 of 242 1->- J:< <.:J~ -I ...JlL.. ~o I 0:1- WJ: ~~ oc::: CL>-I- <z3 O<::¡; ¡¡::o..W O::¡;(/) ...JO< lL..<..Jw EX~ I"ªIT A _ page~Of~ PROJECT ~ PARCEL 'l(pr¡ FOt 10 ----lJ..!..B- TEMPORARY CONSTRUCTION EASEMENT (DURA TION: 3 YEARS .·ROM CUMMENCEMENT OF CONSTRUCTION) ----- ---- - - - ~ SKETCH AND DESCRIPTION OF A 30' TEMPORARY CONSTRUCTION EASEMENT IN "THE NW 1/4 OF SECl10N 2. TWP 50, S, RGE 26 Eo COWER COUNTY, FLORIDA ~ . I') . 11)0 - 0 o . f)~ o o en P.O.C. N. 1/4 CORNER OF SEC. 2 7 NORTI1 UNE OF TI1E NW 1/4 OF SEC~ + _) 1'-- . I 777.00 I w S871S'31"W - ~~ ~< ~ . 1 co ;:::. I ¡-..¡ ~ 0 P.O.B. 180.00' I ~ __---^ý_J BECK BLVD. SB9"31'25"W 373.84' Ò~ o. . II) 0,.., 1'). 110 S'I 8 z ~: P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT 374.54' I L- NB9"31'2S"E PROPOSED 20' UTILITY EASEMENT ---1r- DESCRIPTION: A STRIP OF LAND IN THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 2, THENCE RUN S 87.,5'31" W FOR A DISTANCE OF 777.00 FEET ALONG THE NORTH LINE OF THE SAID NORTHWEST 1/4 OF SECTION 2; THENCE RUN S 00'28'35" E FOR A DISTANCE OF 171.25 FEET; THENCE RUN S 89'3"25" W FOR A DISTANCE OF 180.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 89'31'25" W FOR A DISTANCE OF 373.84 FEET TO THE EAST LINE OF A FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT; THENCE RUN S 00"50'53" W FOR A DISTANCE OF 30.00 FEET ALONG SAID LINE; THENCE RUN N 89'31'25" W FOR A DISTANCE OF 374.54 FEET; THENCE RUN N 00"28'35" W FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 11,225.70 SQUARE FEET, OR 0.26 ACRES, MORE OR LESS. ~A~. -. ;t ';':;'~E~;~ "''''') P _SSlONAL SURVEYOR AND MAPPER Fl.. Ip~ UCENSE NO. )¡.S 4r6 1HIS ~DAY OF :.; 004. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIA lES, INC. SURVEYING AND UAPPING 3900 COlONIAL BLVD., SUI1E 4, FORT UYERS, flORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGCCOONER.COU CUENT: GREELEY AND HANSEN, LLC DRAWN BY: ..NM CHECKED BY: J.N.W. PARŒl DESCRIPl1ON: DAlE: 7/20/04 SCALE: 1'-30' 1t:MPORARY CDNSìRUCTlON EASEMENT IN THE NW 1 4 OF SEC 2-50-26 PROJECT No: 020901 t::I.Q.IE: THE PARCEL BEARING, DISTANCES, AND AREAS CALCULA 1EO ARE BASED ON A FJELD SURVEY OF SECTION 11. BASIS OF BEARING: STA1t: PLANE COORDINA1t: SYS1t:M, FLA. EAST ZONE. '83(90. DWG No: TŒ-2 REV: 10/20/04 - SHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 158 of 242 1->- J:« C):;= -I .-IlL. ~o I e:::1- wJ: 3=9 oe::: 0->-1- «2Q 0«::;: ¡S:::O-w O:::¡(f) .-10« lI..UW ~'JAlIJ A PROJECT '109..12.. L PARCEl 9&'1 FOLIO~ SKETCH AND DESCRIPTION OF A 20' UTIUTY EASEMENT IN THE NW 1/4 OF SECTION 2, 1WP 50, S, RGE 26 E, COWER COUNTY, flORIDA ~ -s ~ 10 . ò~ ~ ~ I P.O.C. N. 1/4 CORNER OF SEC. 2 7 NORTH LINE Of THE NW 1/4 OF SEC..! -'Y- _..A 1"- 777.00' : ~ S8T15'3'·W It") Lo ~;") C'! <¡ ~ 5 I 0 N 0 180.00' I (/) P.O.B. --P. J - ý- BECK BLVD. S89'31'25·W 374.54' . ~ ~IO 01') Nil) S" o o z 375.00' N89"3,'25·E KEY: P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT DESCRIPTION: A STRIP OF LAND IN THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNl'f, flORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 2, THENCE RUN S 8715'31" W FOR A DISTANCE OF 777.00 FEET ALONG THE NORTH LINE OF THE SAID NORTHWEST 1/4 OF SECTION 2; THENCE RUN S 00"28'35" E FOR A DISTANCE OF 201.25 FEET; THENCE RUN S 89'31'25" W FOR A DISTANCE OF 180.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 89'31'25" W FOR A DISTANCE OF 374.54 FEET TO THE EAST LINE OF A FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT; THENCE RUN S 00'50'53" W FOR A DISTANCE OF 20.00 FEET ALONG SAID LINE; THENCE RUN N 89'31'25" W FOR A DISTANCE OF 375.00 FEET; THENCE RUN N 00'28'35" W FOR A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7,495.40 SQUARE FEET or 0.17 ACRES, MORE OR LESS. ~~~~~-;;~~ LB6773) p~i~~kt SURVEYOR AND MAPPER FLOR~A ~~ENSE~O.JS 4876 THIS 7..Y:!!'DAY ~ 2004. NQIE; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FJELD SURVEY OF SECTION 1,. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM. FLA. EAST ZONE. '63/90. lHlS IS NOT A SURVEY Ð='FREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, F1.ORIDA 33912 PHONE: (2.'59)277-0722 FAX: (239)277-7179 DlAlL: SURVEYlNGCÞCOONER.COM XlENT: GREELEY AND HANSEN, LLC DRAWN BY: JNM CHECKED BY: J.N.W. PARCEl DESCRIPl1ON: DATE: 7/20/04 SCALE: '".30' 20' UTlUTY EASEMENT IN THE NW I 4 OF SEC 2-50-26 PROJECT No: 020901 DWG No: p - REV: 10/20/04 - SHEET: I OF I Ag nda Item No. 10D January 11, 2005 Page 159 of 242 --------~ ~_._.,.._- EXHI61T A ~ page~of~ TEMPORARY CONSTRUCTION EASEMENT tDUltATJON: J YEARS .'ROM COMMENCEMENT OF CONSTRUCTION) -_.-..-~--~_.. ---.. PROJECT ~ PARCEL ~ G~ FOLIO N ¡R SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO. 2 IN THE NW 1/4 OF SECl10N 2. lVtP 50, S, RGE 26 Eo COWER COUNTY, FLORIDA --- ~ ~ P.O.C. . NW CORNER OF ~ e SEC. 2 BECK BL YD. e 0 I() .n g ::: (f I I ( PROPOSED PRODUCTION ;r.s:~.~f~T) 589'52'OO"E ------- 95.00' ~ PROPOSED 20' UTIUTY EASEME P.O.B. N (j W en w z :J t- en ~ LLJO · 0 o , 00 .. 'Of' 10... P o o z ..... LO 01 .. ~ o · ~8 o .. ",10 ...P 8 (f) 0::: cj 100.00' N89"52'OO·W ~: C.R, - COUNTY ROAD P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT :;;;'-~~~iFMñ.' ;;.;¡ LS677J) PR~AL SURVEYOR AND MAPPER F1.DfnDA UCENSE NQ. ~ 4876 Tl-tl~.èæ DAY OF'!S;t!::;. 2004. DESCRIPTION: A PARCEL IN THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECllON 2, THENCE RUN S 00'50'44· W FOR A DISTANCE OF 115.00 FEET ALONG THE WEST LINE OF SAlO SECTION 2; THENCE RUN S 89'52'00· E FOR A DISTANCE OF 95.00 FEET; THENCE RUN S 00"08'00· W FOR A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING: THENCE RUN S 89'52'00· E FOR A DISTANCE OF 60.00 FEET; THENCE RUN S 00"08'00· W FOR A DISTANCE OF 10.00 FEET; THENCE RUN S 89'52'00· E FOR A DISTANCE OF 40.00 FEET; THENCE RUN S 00"08'00· W FOR A DISTANCE OF 130.00 FEET; THENCE RUN N 89'52'00· W FOR A DISTANCE OF 100.00 FEET; THENCE RUN N 00'08'00· E FOR A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING. CONTAINING 15,760 SQUARE FEET. OR 0.36 ACRES, MORE OR LESS. ~ THE PARCEL BEARING. DISTANCES. AND AREAS CAlCULATED ARE BASED ON A FIELD SURVEY OF SEC110N 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM. FlA. EAST ZONE. '83/90. THIS IS NOT A SURVEY SFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FlORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAJI.; SURVE'I1NGCCOONER.COM WENT: GREELEY AND HANSEN, LLC DRAWN BY: ..t-I1ot QiECKED BY: J.N. W. PARCEl.. DESCRIPl1ON: WELL NO.2 DATE: 7/19/04 SCAL£: 1"-60' l£MP. CONSTRUC110N EASÐAENT IN lHE NW 1 4 OF SEC 2-50-26 PROJECT No: 020901 DWG No: REV: 10/20/04 - SHEET:' OF 1 Ag nda Item No. 100 January 11, 2005 Page 160 of 242 EXHIBIT iJ 4 page.J51.- of -/..1D5- PROJECT PARCEL FOLIO 'lO~q2 L '1' /) ox. I'i-- .A- SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 2 IN THE NW 1/'" OF SECll0N 2, TWP 50, S. RGE 26 E, COlUER COUNTY, flORIDA - -- P.O.C. NW CORNER OF SEC. 2 BECK BLVD. (: N I cJ UJ V) UJ Z ::; l- V) ~ S 89"52'00· E --------------- 95.00' P.O.B. PROPOSED 20' UTILITY EASEMENT 60,00' :It 8ò . 0 10' p5i! 8 w ..- Ll) 0'1 · 8 ßg ~ o o z V) 60.00' N 89·52'00· W a:: Ü IŒY: C.R. - COUNTY ROAD P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT DESCRIPTION: A PARCEL IN THE NORTHWEST 1/4 OF SECTION 2. TOWNSHIP 50 SOUTH. RANGE 26 EAST, COWER COUNTY, FLORIDA, DESCRIBED AS fOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 2, THENCE RUN S 00'50'44" W FOR A DISTANCE OF 115.00 FEET ALONG THE WEST LINE OF SAID SECTION 2; THENCE RUN S 89'52'00· E FOR A DISTANCE OF 95.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 89'52'00· E FOR A DISTANCE OF 60.00 FEET; THENCE RUN S 00'08'00· W FOR A DISTANCE OF 40.00 FEET; THENCE RUN N 89'52'00· W FOR A DISTANCE OF 60.00 FEET; THENCE RUN N OO·OB'OO· E FOR A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 2.400 SQUARE FEET, OR 0.06 ACRES. MORE OR LESS. tilm; THE PARCEL BEARING. DISTANCES, AND AREAS CALCULA'IED ARE BASED ON A FIELD SURVEY OF SECTION 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM. FLA. EAST ZONE. 'S3i90. J N. WILKISON (FOR THE FIRM LB6773) P FESSIONAL SURVEYOR AND MAPPER FLORIºA L1CENSE NQ. !"S 4876 THIS ?:::lc!IðA Y OF U.Ef::::- 2004. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCI A TE5, INC. SURVEYING AND MAPPING 3900 COLON.IAL BlVD,. SUI1E 4, FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIt.: SURVEYlNGCCOONER.COM - .UENT: GREElEY AND HANSEN, LLC DRAWN BY: JNM CHECKED BY: J.N.W. ARŒ1. DESCRIPl1ON: WELL NO.2 DAlE: 7/17/04 SCALE: '"-30' r'RODUCTlON WELL UTlUTY EASEMENT IN THE NW 1 4 OF SEC 2-50-26 PROJECT No: 020901 DING No: PW1 REV: 10/20/04 - SHEET:' OF 1 Ag nda Item No.1 00 January 11 , 2005 Page 161 of 242 EXHIBIT A .... p ag e.¡s::L of -'Ø... TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) ---~--- PROJECT ...]0<f..'1 2. I PARCEL ~(vq FOLIO /\J ¡ R- SKETCH AND DESCRIPTION OF A 30' TEMPORARY CONSTRUCTION EASEMENT IN 1HE NW 1/4 OF SECllON 2, TWP 50, S, RGE 26 E. COWER COUNTY. FLORIDA -- - i~ 3: P.O.C. NW CORNER OF ~ SEC. 2 ;..., ~.'" èS" 0 IÒ \0 :: 8 (/) ~; C.R. - COUNTY ROAD P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT BECK BLVD. S89"52'OogE \ ^ .- ~ - - - - .../ 'V - - - -f.:=- /, 155.00' : â r ~ N N P.O.B. I - v S89'52'~O·E ,. 1001.75' u w (/) w z ::J f- (/) ~ ìõ c:¡¡ ..... b8 gò pI") o o z A 1OCT-3S' N89'S2'OOW e::: Ü I PROPOSED 2o~'1 UTILITY I EASEMENT ~ ~ ~ ~ 10 o o (/) ¡~ ìN 1. f->- I< <..')3: -I -IlL.. .;¡ O I ~f- wI 3:~ O~ Q..}-f- <ZZ O<w -Q..~ ~~w go~ lL..UW DESCRIPTION: A STRIP OF LAND IN THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, flORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 2, THENCE RUN S 00'50'44" W FOR A DISTANCE Of 115.00 FEET ALONG THE WEST LINE OF SAID SECTION 2: THENCE RUN S 89'52'00· E FOR A DISTANCE OF 155.00 FEET; THENCE RUN S 00"08'00· W FOR A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; THENCE RUN S 89'52'00· E FOR A DISTANCE OF 1001.75 FEET TO THE WEST LINE OF A FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT: THENCE RUN S 00'50'53· W FOR A DISTANCE OF 30.00 FEET ALONG SAID WEST LINE; THENCE RUN N 89'52'00" W FOR A DISTANCE OF 1001.38 FEET: THENCE RUN N 00'06'00· E FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 30,437 SQUARE FEET, OR 0.70 ACRES, MORE OR LESS. ~- ~ ~r:~ARCEL BEARING, DISTANCES, AND AREAS - ------------------ CALCULATED ARE BASEO ON A FIELD SUR\Æ:Y OF J N. WILKISON (FOR THE FIRM LB6773) SECllON 11. BASIS OF BEARING: STA1£ PLANE P FESSlONAL SUR\Æ:YOR AND MAPPER COORDINATE SYS1£M. FLA. EAST ZONE. '83/90. FLORIDA UCENSE NÇ.. y¡ 4876 THIS~þt)AY OF~ 2004. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCI A 1ES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLW., SUllE 4, FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGCL'COONER.COM WENT: GREELEY AND HANSEN, LLC DRAWN BY: ..NM CHECKED BY: J.N.W. PARCEl.. DESCRlPllON: DAlE: 7/17/04 SCALE: '"-30' IREV: 10/20/04 1£MPORARY CONSTRUCllON EASEt.lENT IN THE NW 1/4 OF SEC 2-50-26 PROJECT No: 020901 DWO No: ITCE-1 -1 SHEET: , OF 1 ----_. --..----- Ag nda Item No.1 00 January 11, 2005 Page 162 of 242 EXHIBIT A ~ Page J.51- of --1.féi PROJECT ....cJO~~ 21 PARCEL ~ FOLIO t-.l r::+ I rr I I I I I PROPOSED UTILITY EASEMENT - - - - SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN 11-IE NW 1/4 OF SECll0N 2, TWP 50, S, RGE 26 E, COWER COUNTY, FLORIDA TRACT 10. TOLl.GA TE COMMERCIAL CENTER. PHASE 2, P.B. 18, PGs. 23-24 / SEC 2 NOR11-I UNE NW 1 4, . P.O.B.(1) P.O.C.(2) SE CORNER OF TOLl.GA TE COMMERCIAL CENTER. PHASE 2, P.B. 16. PGS. 23-24 155.02' j NS9°56'1S-E NOR1H R/W UNE io,!-'J "1:2 ~. "'"0 ....Il) b o z ~ ~- Il)~ od ¡" ~"'" N BECK BLVD. 0.... ó ~ m ~: P.B. - PLAT BOOK PG.(S) - PAGE(S) P.O.B. - POINT Of BEGINNING P.D.C. - POINT Of COMMENCEMENT R/W - RIGHT-Of-WAY S89°31'25-W 155.04' P.O.B.(2) IIJ . . I") Nil) m- ·0 COil) eno o o z 155.04' NS9°31'25-E ~ . o :a 00 uS f) en ~ FLORIDA POWER k LIGHT COMPANY RIGHT-Of-WAY EASEMENT 155.02' S89°55'16-W SOUTH R/W LINE SEE SHEET 2 OF 2 FOR DESCRIPì10N PJÃ70¿'sio_~ VlU.KlSdliN:/AL::~~SU--R~~Y~oRR~AN-~D~~~pLEBR6773) ~~Jt~~ ~~~~~g~&~~~:~E~~~~:~ ~i:~ ""'......-- COORDINATE SYSTEM. FlA. EAST ZONE, '83/90. ~?:~~J7~~~ ~~~4. THIS IS NOT A SURVEY Ð=FREY C. COONER AND ASSOCIA TE5, INC. SURVE'l'lNG AND MAPPING 3900 COlONIAL. BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHCIIIE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVE't'INGGCOONER.COM ,....... ~ENT: GREElEY AND HANSEN, u.c DRA\IIII BY: ~M CHECKED BY: J.N.W. ,'ARCEI.. DESCRIP1l0N: DATE: 9/8/04 SCALE: 1"-30' REV: 10/20/04 AN ACCESS EASEMENT IN THE NW 1 4 OF SEC 2-50-26 PROJECT No: 020901 DWG No: A[-FPL - SHEET: 1 OF 2 -------- Ag nda Item NO.1 00 January 11, 2005 Page 163 of 242 EXHIBIT~ P ag e ...J:1.1.. of -1Jt.2- PROJECT ~D~'12. , PARCEL ~q FOlIO ....\ )A SKETCH AND DESCRIPTION OF AN ACCESS EASEMENT IN THE NW 1/4 OF SECTION 2, TWP 50, S, RGE 26 E, COWER COUNTY, FLORIDA DESCRIPTION Of PARCELS OF LAND IN THE NORTHVtEST 1/4 Of SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUN1Y, FLORIDA, DESCRIBED AS FOLLOWS: (1)BEGINNING AT THE SOUTHEAST CORNER OF TOLLGATE COMMERCIAL CENTER, PHASE lWO, AS RECORDED IN PLAT BOOK 18, PAGES 23-24, PUBLIC RECORDS OF COLLIER COUN1Y, FLORIDA, THENCE RUN S 00'50'53- W fOR A DISTANCE OF 170.23 FEET ALONG THE EAST LINE OF A FLORIDA POVtER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT; THENCE RUN S 89'31'25- W FOR A DISTANCE OF 155.04 FEET TO A LINE THAT RUNS PARAU£L TO SAID EAST LINE OF A FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT; THENCE RUN N 00'50'53- E FOR A DISTANCE OF 171.35 FEET ALONG SAID LINE; THENCE RUN N 89'56'18- E FOR A DISTANCE OF 155.02 FEET ALONG THE NORTH RIGHT-Of-WAY LINE OF BECK BOULEVARD TO THE POINT OF BEGINNING, AND, (2)COMMENCING AT THE SOUTHEAST CORNER OF Tou..GA TE COMMERCIAL CENTER, PHASE TWO, AS RECORDED IN PLAT BOOK 18, PAGES 23-24, PUBLIC RECORDS OF COWER COUN1Y, FLORIDA, THENCE RUN S 00'50'53" W FOR A DISTANCE OF 190.23 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 00'50'53- W FOR A DISTANCE OF 98.00 FEET ALONG SAID EAST LINE OF A FLORIDA POVtER AND LIGHT COMPANY RIGHT-Of-WAY EASEMENT TO THE SOUTH RIGHT-OF-WAY LINE Of BECK BOUlEVARD; THENCE RUN THENCE RUN S 89'55'16- W FOR A DISTANCE OF 155.02 FEET ALONG SAID LINE; THENCE RUN N 00'50'53" E FOR A DISTANCE Of 96.92 FEET ALONG A LINE THAT RUNS PARAU£L TO SAID EAST LINE OF A FLORIDA POVl£R AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT; THENCE RUN N 89'31'25- E FOR A DISTANCE Of 155.04 FEET TO THE POINT Of BEGINNING. CONTAINING 41,580 Square feet or 0.95 Ac.±. SEE SHEET 1 OF 2 FOR SKETCH \Jt.tftcEY C. COONER AND ASSOClA1ES. INC. SURVEYING AND MAPPING 3900 COlONIAL BLVD., SUITE 4, fORT MYERS. FlORIDA 33912 PHONE: (239)277-0722 fAX: (239)277-7179 EMAlL: SURVEY1NGOCOONER.COM CUENT: GRœ.EY AND HANSEN, u.e DRAWN BY: ....t.4 CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 9/8/04 SCALE: I REV: AN ACCESS EASEl.tENT IN THE NW 1/4 OF SEC 2-50-26 PROJECT No: 020901 DWG No: (A[-FPIJ -1SHEET: 2 OF 2 Ag nda Item No. 100 January 11, 2005 Page 164 of 242 EXHIBITW. page.Jtf2.. of -1lR2 PROJECT PARCEL FOLIO flo<i\~ ¿ L qld1 11\\ "11~ SKETCH AND DESCRIPTION OF A 20· UTILITY EASEMENT IN THE NW 1/4 OF SECllON 2, 1WP 50, S, RGE 26 E. COWER COUNTY, FLORIDA --- i~ ~ P.O.C. NW CORNER OF . ~ SEC. 2 b L/') 8 BECK BLVD. {/) S89"S2'OO·E 100 ,00' I -. 3= 8~ ,It) o· N~ 8 P.O.B. ----J.V---- 155.00' kI g . ' 8~ ~ o o z f->- :r:« '-'~ -I ...JLL .:ð0 I o:::f- ~~ 00::: CL>-f- «zr;] O«::;:¡; ¡rCLW o::;:¡;VJ ...10« LL<JW (: N I d w VJ w Z :J f- VJ ~ Lõ (j) ci c:j 1001.75' N89"S2'OO·W (f) 1SEï: C.R. - COUNTY ROAD P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF' CO"''''ENCEMENT DESCRIPTION: A STRIP OF LAND IN THE NORTHWEST 1/4 OF SECllON 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA, DESCRIBED AS FOllOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECllON 2, THENCE RUN S 00'50'44· W FOR A DISTANCE OF 115.00 FEET ALONG THE WEST UNE OF SAID SECllON 2; THENCE RUN S 89'52'00· E FOR A DISTANCE OF 155.00 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE S 89'52'00· E FOR A DISTANCE OF 1002.00 FEET TO THE WEST LINE OF A FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT; THENCE RUN S 00'50'53· W FOR A DISTANCE OF 20.00 FEET ALONG SAID WEST LINE; THENCE RUN N 89'52'00· W FOR A DISTANCE OF 1001.75 FEET; THENCE RUN N 00'08'00· E FOR A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 20,298 SQUARE FEET or 0.47 ACRES, MORE OR LESS. JA S N. 'MLKISON (FOR THE FIRM LB6773) PR FESSiONAL SURVEYOR AND MAPPER FlORIDAjdCENSE N~ L$ 4876 THIS~ DAY OF ~ 2004. ~ THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FlELD SURVEY OF SECTION 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM. FlA. EAST ZONE, '83/90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIA TESt INC. SURVEYING AND MAPPING 3900 COLONiAl BLVD" SUITE 4, FORT MYERS, flORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGCICOONER,COM 'ENT: GREELEY AND HANSEN, LLC DRAWN BY: .JoIM CHECKED BY: J.N.W. ,~œ.. DESCRIPllON: DATE: 7/17/04 SCALE: 1"-30' :.:0' Ul1UTY EASEMENT IN THE NW 1 4 OF SEC 2-50-26 PROJECT No: 020901 D¥I'G No: PPL-1 REV: 10/20/04 - SHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 165 of 242 EXHIBIT A page/kl--0f ~ PROJECT PARCEL FOLIO '10~:1Z.1 9{,,9A ÞqA SKETCH AND DESCRIPTION OF A UTILITY EASEMENT IN THE NW 1/4 OF' SECT10N 2, TWP 50, S, RGE 26 E, COWER COUNlY, FlORIDA TRACT 10, TOLLGATE COMMERC1AL P 0 C CENTER, PHASE 2, SË: 'cORNER OF I P.B. 18, PGS. 23-24 W 1/4-'p:-SEC. 2 TOU.GATE COMMERC1AL N89"56'" ~ORTh\ UNE N . CENTER, PHASE 2, _ P.B. 18, PGS. 23-24 i P.O.B. 155.02' j S89'56'18-W I DESCRIPTION: 15,00' NORTH R!W UNE , I I I I I w . I") 10- - OJ t5C'i 0:8 ~N - ~ 10. t) t) . 10 r:::b .....10 b o fI) A STRIP OF LAND IN THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COWER COUNTY. FLORIDA, DESCRIBED AS FOLLOWS: BECK BLVD. ~ .. :2 ~8 8å fl)N COMMENCING AT lHE SOUlHEAST CORNER OF TOLLGATE COMMERCIAL CENTER, PHASE TWO. AS RECORDED IN PLAT BOOK 18, PAGES 23-24. PUBLIC RECORDS OF COWER COUNTY, FLORIDA. THENCE RUN S 89'56'18- W FOR A DISTANCE OF 155.02 FEET ALONG lHE NORlH RIGHT-OF-WAY LINE OF BECK BOULEVARD TO lHE POINT OF BEGINNING; THENCE RUN S 00'50'53- W FOR A DISTANCE OF 171.35 FEET; THENCE RUN N 89'31'25- E FOR A DISTANCE OF 155.04 fEET TO THE EAST LINE OF A FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT; lHENCE RUN S 00'50'53- W FOR A DISTANCE OF 20.00 FEET ALONG SAID LINE; lHENCE RUN S 89'31'25- W FOR A DISTANCE OF 155.04 FEET; lHENCE RUN S 00'50'53- W FOR A DISTANCE OF 96.92 FEET TO lHE SOUlH RIGHT-OF -WA Y LINE OF BECK BOULEVARD; lHENCE RUN S 89'55'16" W FOR A DISTANCE OF 15.00 FEET ALONG SAID LINE; THENCE RUN N 00'50'53- E FOR A DISTANCE OF 288.29 FEET ALONG THE WEST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY EASEMENT TO SAID NORlH RIGHT-OF-WAY LINE; lH.ENCE RUN N 89'56'18" E FOR A DISTANCE OF 15.00 FEET ALONG SAID RIGHT-OF-WAY LINE TO lHE POINT OF BEGINNING. N89'31'25"E 155.04' 15,00' ~ .. . t) NIO O!b coil' 0)8 fI) 155,04' S89"31'25"W FLORIDA POWER & LIGHT COMPANY RIGHT-Of-WAY EASEMEN T S89"55'16"W SOUTH R/W UNE r KEY: P .B. - PLAT BOOK PG.(S) - PAGE(S) P.O.B. - POINT OF BEGINNING P.O.C. - POINT Of COMMENCEMENT R/W - RIGHT-OF-WAY CONTAINING 7,425 Square Feet or 0.17 Ac.±. wm; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A FIELD SURVEY OF SECTION 11. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83(90. J N. WILKISON (FOR THE FIRM LBS773) P FESSlONAL SURVEYOR AND MAPPER FLORIDA UCENSE NO. ~_ ~76 THIS'L.~AY OF ~4. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIA 1E5, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4. FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGCICOONER,COM CUENT: GREELEY AND HANSEN, U.C DRAWN BY: ..NM aiECKED BY; J.N.W. PARCEL DESCRIPTION: DATE: 7/20/04 SCALE: '--30' REV: 10/20/04 UTIUTY EASEMENT IN THE NW I 4- OF SEC 2-50-26 PROJECT No: 020901 DWO No: lRE-FI'l - SHEET: 1 OF 1 Ag nda Item NO.1 00 January 11, 2005 Page 166 of 242 EXHIBIT t1 Page.11t.Lof ~ PROJECT _~~12. \ PARCEL '110 FOLIO NI A TEMPORARY CONSTRUCTION EASEMENT (DURATION: .J YEARS FROM COMMENCEMENT OF CONSTRUCTION) --- --- ______._m.____ ..,.~ ~z z::> 00 FO 0,,- \: o ¡J~~ Za::otI :J 0> ~IIJO 1110< I.LJZO ~<a::: SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO. 28 IN THE NW 1/4 OF THE SW 1/4 OF SECllON 14, 1'\W' 50 S, RGE 26 E, COLUER COUNTY, flORIDA 589"06'34 E tPROPOSED 20' 60.00' 3: UTILITY ~ ~ EASEMENT o g g ~~g6~~~~N o b WELL NO. 23 Ó ~ 40.00' UTILITY ~ S89"08 34 E EASEMENT N 1/2 OF TH! N 1/2 OF NW 1/4 OF THE SW 1/4 FOUO NO.: 00418280001 3: . ..t- V 0° o VI Ó 0 ~ ~ w z :J ~ II:: ~ III < !oJ ( I :.:: lLI lLI 0:: () z3: 0' (f}0:: 0:: lLI...J 0< zz w< :I:U P.O.B. 100.00' N69'08 34 W lLI ~ ..t- o VI o o z W: F.P.&:L-FlORIOA POWER ok LIGHT CO. R/W - RIGHT-Of-WAY P.O.B.-POINT Of BEGINNING P.O. C.-POINT Of COMMENCEMENT ~ SOU11-l LINE OF 11-IE N 1/2 Of 11-IE N 1/2 Of 11-IE NW 1/.... OF 11-IE SW 1/.... P.O.C. SW CORNER Of SECTION 14 - - - "---- SOU11-l LINE SECTION 1.... DESCRIPTION Of A PARCEL OF LAND LYING IN 11-IE NOR11-I 1/2 Of 11-IE NOR11-I 1/2 OF 11-IE NOR11-IWEST 1/.... OF 11-IE SOU11-lWEST 1/.... OF SECTION 1..... TOWNSHIP 50 SOU11-I, RANGE 26 EAST. COWER COUNlY, flORIDA: COMMENCING AT 11-IE SOU11-IWEST CORNER OF SAID SECTION 1..... 11-IENCE RUN NOC·50'........·E, A DISTANCE OF 2372.34 FEET ALONG THE WEST LINE Of SAlO SECT10N TO 11-IE POINT OF' BEGINNING; 11-IENŒ CONTINUE N00'50·#·E, A DISTANCE Of 180.00 FEET ALONG SAID WEST LINE; 11-IENCE RUN S89'08·34·E, A DISTANCE OF 60.00 FEET; 11-IENCE RUN SOO·50·#·W. A DISTANCE OF' 60.00 FEET ALONG A LINE 11-IAT RUNS PARALLEL TO SAID WEST LINE; 11-IENCE RUN S89'08·3....·E, A DISTANCE OF ....0.00 FEET TO 11-IE EAST RJGHT-Of-WAY LINE OF HENDERSON CREEK CANAl.; 11-IENCE RUN S00'50'#·W. A DISTANCE OF' 120.00 FEET ALONG SAID RIGHT-OF-WAY LINE: 11-IENCE RUN N89'08·3....·W. A DISTANCE OF' 100.00 FEET TO 11-IE POINT OF BEGINNING. CONTAINING 15,600 SQUARE FEET OR 0.36 ACRES, MORE OR LESS. i:£ ~- ---- -- ~------------ JAM N. WILKISON (FOR 11-IE ARM l.B6773) PR ONAL SURVEYOR AND MAPPER FlOR~~ LICENSE NO. LS 4876 THIS c.I'öA Y OF ~200"". tiQ]t; 11-IE PARCEl BEARING. DISTANCES. AND AREAS CALCULATED ARE BASED ON A FJElD SURVEY OF SEClION 1..... BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FlA. EAST ZONE. '83(90. THIS IS NOT A SURVEY ..E.... KEY C. COONER AND ASSOClA lES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGOCOONER.COM ENT: GREELEY AND HANSEN. LLC DRAWN BY: JNW CHECKED BY: J.N.W. \,RCEL DESCRIPllON: WELL NO. 23 DATE: 8/2..../0.... SCALE: 1·-60' .¿MP. CONSTRUCTION EASEMENT IN 11-IE NW 1/.... OF THE SW 1/.... OF' SEC 14-50-26 PROJECT No: 020901 WG NO:SEC14W-TŒ(TC23 SHEET: 1 OF 1 REV: 10/20/04 Ag nda Item NO.1 00 January 11, 2005 Page 167 of 242 EXHIBIT A pag e..J.l,i. of -1.fLž- PROJECT -!JO~q 2.\ PARCEL <1'10 FOLIO t-.\ I A SKETCH AND DESCRIPTION OF A UTILITY EASEMENT FOR PRODUCTION WELL NO. 23 IN THE NW 1/4 OF THE SW 1/4 OF SECTION 14, TWP 50 S, RGE 26 E. COLUER COUNTY, FLORIDA ¡, ~~ v~ -z zð ~o 0.... I l'Jo!o LJ~_ I ZO::IO ::J wOl (f--- I- 0 1110< ~~qÈ L- 'r t") N U1 U1 N , ~ o .... I ~>-~ §S~ , a::....< ~·08'34NE Il.~UJ P.O.B. 40.00' N 1/2 OF THE N 1/2 OF NW 1/4 OF THE SW 1/4 FOUO NO.: 00418280001 j. - 60.00' :.:: w W Q:: ü z3: 0-""'" enQ:: 0:::....1 ~< zz w< :t:ü 3: . . .r o.r o . ,0 o V'> CD 0 o en w . .r .r 00 V'> â g CD z ìõ m o < o 0::: tœJ:: F.P.&L-FLORIDA PO¥ÆR & UGHT co. R/W - RIGHT-OF-WAY P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COM~ENCÐAENT ~ z :;) o ü w . ... .r o U1 ~o z P.O.c. ~ / SW CORNER OF 7 _ SEC110N 14 - - - ~ SOU1H UNE SECì10N 14 w Z ::J 40.00' N89'08' 34"W ~ 0:: It;¡ < w DESCRIPì10N OF A PARCEL OF LAND LYING IN 1HE NOR1H 1/2 OF THE NOR1H 1/2 OF iHE NOR1HWEST 1/4 OF 11-IE SOU1HWEST 1/4 OF SEC110N 14, TOWNSHIP 50 SOU1H, RANGE 26 EAST, COWER COUNTY, FLORIDA: COt.IMENaNG AT 11-IE SOU1HWEST CORNER OF SAID SECl10N 14, 1HENCE RUN NOO'50'44"E, A DISTANCE OF 2552.34 FEET AlONG 1HE WEST UNE OF SAID SECì1ON; 1HENCE RUN S89"08',34"E, A DISTANCE OF 60.00 FEET TO 11-IE POINT OF BEGINNING; THENCE CONl1NUE 589"08'34"E, A DISTANCE OF 4Q.OO FEET TO THE EAST RIGHT-OF-WAY UNE OF HENDERSON CREEK CANAL: THENCE RUN S00'50'44"W, A DISTANCE OF 60.00 FEET AlONG SAID RIGHT-OF-WAY UNE; THENCE RUN N89"08',34"W, A DISTANCE OF 4Q.OO FEET; THENCE RUN NOO'SO'44"E, A DISTANCE OF 60.00 FEET ALONG A UNE THAT RUNS PARALLEL TO SAID EAST RIGHT-OF-WAY UNE TO THE POINT OF BEGINNING. CONTAINING 2,4Q0 SQUARE FEET OR 0.06 ACRES, ~ORE OR LESS. ----(~2,,¿--:.~-1<-dL JAMES . 'MLKISON (FOR 1HE FlR~ LB6773) PROFE ONAL SURVEYOR AND ~APPER FLORIDA ~œNSE NO.....t"S¡,4876 1HIS7£.. "OAY OF ~OO4. 1HIS IS NOT A SURVEY b.-KEY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD,. SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, LtC DRAWN BY; JNW CHECKED BY: J.N.W. PARCEL DESCRIP110N: WElL NO. 23 DATE: 8/24/04 SCALE: 1"-30' I REV: 10/20/04 PROOUCl1ON WElL UnUTY EASEMENT IN TH NW 1/4 OF THE SW 1/4 OF SEC 14-50-26 PROJECT No: 020901 þwo No:S£C14W-TCE(P23>1SHEET: 1 OF 1 I:fQIf; THE PARCEl BEARING, DISTANCES, AND AREAS CAlCULA1ED ARE BASED ON A FlEW SURVEY OF SECl10N 14. BASIS OF BEARING: STATE PLANE COORDINATE SYSTE~, FLA. EAST ZONE, '83í90. Ag nda Item NO.1 00 January 11 , 2005 Page 168 of 242 EXHIBIT 14 PageÆOf~ PROJECT '{O~'12.L PARCEl~ FOLIO ~qA- .- TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) ~-- _...".._---~,. SKETCH AND DESCRIPTION OF A 80' TEMPORARY CONSTRUCTION EASEMENT IN 1HE NW 1/4 OF 1HE SW 1/4 OF SECTION 14, TWP 50 S, RjJGE 26 E, COWER COUNr¡, FLORIDA N87'32'04"E 30.05' NORTH UNE Of THE N 1/2 , µ - OF THE N 1/2 OF THE ~ NW 1/4 OF THE SW 1/4 cÞ Ìì - - - ..,. - Ò PROPOSED 20' ~ UTILITY EASEMENT ~~ :z:F= ~ , I ::J ~ ..,. ~ '----EAST R/W UNE ~ ~ ~ HENDERSON CREEK CANAL o::~ g Si! ìñ LU::J :z: ¡¡s 0> ~ Ii S89"09'16"E .00' Ò 50.00' N8 "09'16"W N 1/2 OF THE N 1/2 OF THE NW 1/4 OF THE SW 1/4 FOUO NO.: 00418280001 ,~- PROPOSED TEMPORARY CONSTRUCTION EASEMENT FOR PRODUCTION WELL NO. 23 ;,. P.O.B. 0') Ñ on on N PROPOSED PRODUCTION WELL NO. 23 UTILITY EASEMENT ìtl ð~ ~~ (1)< ffi:Z: 0< :z:U LU J: ~: C.R.-COUNTY ROAD F.P.&L-FLORIDA POVtER & UGHT CO. R/W - RIGHT-Of-WAY O.R. - OFFlClAL RECORDS BOOK/pAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMt.4ENCEMENT .... $ ~ o o :z: 100' P.O.C. SW CORNER SEC1!.0tL1L S UNE SECTION 14 DFSCRIPTION OF A 30-FOOT STRIP OF LAND LYING IN THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 Of THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 14, THENCE RUN NOO"50'«"E, A DISTANCE OF 2552.34 FEET ALONG THE WEST UNE Of SAlO SECTION; THENCE RUN sa9"09'16"e:. A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; THENCE RUN NOO'50'«"E, A DISTANCE OF 119.08 ALONG A UNE THAT RUNS PARALLEL TO SAID WEST SECTION UNE; THENCE RUN N87·32'04"e:. A DISTANCE OF 30.05 FEET ALONG A UNE THAT RUNS PARAU.EL TO THE NORTH UNE OF SAID NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN SOO'50'«"W, A DISTANCE OF 120.82 FEET ALONG A UNE THAT IS PARALLEL TO THE EAST RIGHT-OF-WAY UNE OF "!HE H£NOERSON CREEK CANAl; THENCE RUN N89'09'16"W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. . CO~N~A1NJNG 3,59.~. ~ARE FEET OR 0,08 ACRES, t.4ORE OR LESS. tIQIt: _":0 ~_j,U:iC - 6'1tJ,~~ ~~r~:š~IS~N~~~u~J¢s OF JAM N. WlLKISON"(FOR THE FlRt.I LB6773) SECTION 14. BASIS OF BEARING: STATE PLANE ~~~~~S~U~~~~~~ t.lAPPER COORDINATE SYSTEM, FLA. EAST ZONE, '83Î90, "THIS DAY Of . 2004. THIS IS NOT A SURVEY \It.tf KEY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAlL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, u.c DRAWN BY: JNW CHECKED BY: J.N.W. >ARCEL DESCRIP110N: DATE: 8/3/D4 SCALE: 1"-60' REV: 10/20/04- TEMP. CONSTRUCT1ON EASEMENT IN THE NW 1/4- OF 11iE SW 1/4 Of SEC 14-50-26 PRO.£CT No: 020901 DWO No:SEC14T-AE(TC18 SHEET: 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 169 of 242 EXHIBIT A Page /c,'S of IC,':S' PROJECT ~ PARCEL _ qr¡ r- FOL ro ~~. A SKETCH AND DESCRIPTION OF A 20' UTILITY EASEJlENT IN lHE NW 1/4 OF lHE SW 1/4 OF SEC1l0N 14, TWP 50 S, RGE 26 E, COWER COUNTY, FLORIDA NORTH UNE OF" THE N 1/2jJ' OF THE N 1/2 OF THE NW 1/4 OF THE SW 1/4 . 01$; ....0 ZF ::If¡¡ ~(I) ct:~ ì'ñ ....::1 CI> 3: Ii Ú N8T32'Q4"EI 20.03' -- .... II) d ... ~ tPR~2~ - UTlUTY EASEMENT 3: ; ~ ~ -- .... ; ~ Z N 1/2 OF THE N 1/2 OF THE NW 1/4 OF THE SW 1/4 FOUO NO.: 00418280001 ~ O') N It') It') '" ~ .... .... ~~ ~~ (1)< ffi~ 0(,) ~ :r EAST R/W UNE Lt HENDERSON CREEK CANAL PROPOSED PRODUCTION WELL NO. 23 UTILITY EASEMENT ID: C.R.-COUNTY ROAD F".P.&L-FlORlDA POVtER & UGHT CO. R/W - RIGHT-OF-WAY O.R. - OffiCIAL RECORDS BOOK/pAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF CO"'MENCEMENT .... ~ <or C g Z '" S UNE SECTION 14 DFSCRIPTlON OF A 20-FooT STRIP OF LAND LYING IN THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, flORIDA: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 14, THENCE RUN N00'50'44·E, A DISTANCE OF 2552.34 FEET ALONG THE WEST UNE OF SAID SECTION; THENCE RUN 589'09'16·E, A DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING; THENCE RUN NOO·50'44·E, A DISTANCE OF 120.82 FEET ALONG A UNE THAT RUNS PARAlLEL TO SAID WEST SECTION UN£; THENCE RUN N8T32'04·E, A DISTANCE OF 20.03 FEET ALONG A UNE THAT RUNS PARALLEL TO THE NORTH UNE OF SAID NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN SOO'50'44·W, A DISTANCE OF 121.98 FEET ALONG THE EAST RIGHT-OF-WAY UNE OF THE HENDERSON CREEK CANAL; THENCE RUN N89'09'16·W, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 2,428 SQUARE FEET OR 0.06 ACRES, t.lORE OR LESS. ~ THE PARCEL BEARING, DISTANCES. AND AREAS CALCULA 1ED ARE BASED ON A FlELD SURVEY OF SECTION 14. BASIS OF BEARING: STATE PLANE COORDINATE SYS'IDA, FlA. EAST ZONE, '83/90. - ¡, _'d.?i-..-'!~____~ J N. v.tLKISON (FOR THE FlRM LB6773) PR SSIONAL SURVEYOR ANO MAPPER Fl A ~CENSE NO. L.S 4876 ll-iIS ---!'DAY OF ~004. 1HIS IS NOT A SURVEY ~ttcEY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EUAIL: SURVEYlNGOCOONER.COt.I CUENT: GREElEY AND HANSEN, LLC DRAWN BY; JNW CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 8/3/04 SCALE: 1"-60' REV: 10/20/04 20' UlIUTY EASEMENT IN THE NW 1/4 OF THE SW 1 4 OF SEC 14-50-26 PROJECT No; 020901 DWG No;SEC14T-AE(P18) SHEET; 1 OF 1 Ag nda Item No. 100 January 11, 2005 Page 170 of 242 I JL I I I I I I I JJI- I I I I I I I II- I Agenda Item No. 100 January 11, 2005 Page 171 of 242 COLLIER COUN1Y GOVERN:MENT South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion Well Site and Well Transmission Main Route Study Technical Memorandum GlAII.LIIV AND HANSIIN ....c August 2002 TABLE OF CON1ENTS Section Tide Page 1. IN1'RODUCTION .......... ............. ............................ ................................ ..... ..... ...................... .................. 1 1.1 Background and Purpose .............................................................................................................1 1.2 Scope of Investigations ...... ............................ ............................. ................ .............. ............ ........1 1.3 . Pipeline Route Sdection Methodology ......................................................................................1 2. BASIC DATA .......... ... ................ .......... ............ ....................... .................................................. .................. 2 2.1 Introduction....... ........ .................................. ............... ................. ............. ............ ..... ......... ............ 2 2.2 Route Study Area ................... ............. ....... ................. ..................................:.. ...... ........................ 2 2.3 Aerial Photographs... .................................... ....................... .......................................................... 2 2.4 Existing Utility Data......................... ..... ....... ....... ......................................................... .................3 2.5 Rights-of-Way and Ease.tnents ................,...................................................................................4 2.6 Traffic Volume........................................ ....................... ................................................................ 4 2.7 Fidd Reconnaissance .... ...... .................................... ....................... ....... ............................ ............ 4 2.8 Historical Structures and Archeological Sites ...........................................................................5 2.9 Environnlental ......... .............................. .............. .................................... ............... ........... ............ 5 2.10 Long Range Planning .... .......... ...... ....... ............................................ ....... .............. ........................ 5 3. AL1ERNATIVE PIPELINE ROU1ES ................................................................................................6 3.1 General.................. ...... ........ .......................................... ............. ............................................ .........6 3.2 Description of Alternative Routes .............................................................................................. 6 3.2.1 Alternative 1: Florida Power and Light Corridor ..................................................................... 6 3.2.2 Alternative 2: Le Buffs Road I FP&L Corridor ....................................................................... 6 3.2.3 Alternative 3: Beck Boulevard / CR 951 ...................................................................................7 3.3 Discussion of Alternative Routes................................................................................................ 7 4. EVALUATION AND COMPARISON OF ALTERNATIVE PIPELINE ROUTES................9 4.1 Cost-Identifiable Evaluation ....... ......... .................... ... ........................... ........ ....... ........... ............ 9 4.1.1 Pipeline Length .............................................................................................................................. 9 4.1.2 Property Acquisition Considerations........................................................................................10 4.1.3 Road Restoration .......... ....... ...... .... ......... ................ ..................... ........................... .....................1 0 4.1.5 Permitting .....................................................................................................................................11 4.1.6 Opinion of Probable Construction Cost .................................................................................11 4.2 Non-Cast-Identifiable Route Evaluation Criteria ..................................................................12 4.2.1 Devdopment/Ranking of Criteria............................................................................................12 4.2.2 Rating the Routes Ag.únst Criteria............................................................................................14 Route Study Report - August 2002.doc August 2002 GlA&.L&V ANC HAN..N LLa ~<._~.__...,-'... ....~--'~,.- .._,.,......_-_._.~ I I I I I I I I I I I I I I I I I I I Agenda Item No. 10D January 11, 2005 Page 172 of 242 5. ROUT'E RECOJ\11v.l:ENDA TION ....... .......... ............... ............................. ........ ....................................14 5.3 Recommended Route.......... ...... ................... ....................................... ..................... ...................14 APPENDICES A Pipe Sizing and Hydraulics B Opinion of Probable Construction Cost C Alternative Route Evaluation matrix D Detailed Map of Recommended Route UST OF FIGURES 1 Area of Apparent Advantageous Hydrogeologic Conditions and Test Well Sites 2 Route Study Area 3 Alternative 1 - FP&L Corridor 4 Alternative 2 - Le Buffs Road/FP&L Corridor 5 Alternative 3 - Beck Boulevard/CR 951 '..... -... Route Study Report - August 2002.doc August 2002 (¡"''aaLaV AND HAN..N ~~.. ii I Agenda Item NO.1 00 January 11, 2005 Page 173 of 242 II- I I I I I I I COLLIER COUNTY GOVERNMENT South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion Well Site and Well Transmission Main Route Study Techrúcal Memorandum 13R88L&V AND HANB&N LLC August 2002 1. INTRODUCTION 1.1 Bac~ound and Purpose The purpose of this memorandum is to summarize the investigations conducted to establish, evaluate, and compare alternative routes for the well transmission mains and alternative sites for the wells intended to convey water to the South County Regional Water Treatment Plant (SCRWI'P). The water supply project will increase the raw water supply available to the SCRWfP by approximatdy 16 MGD yidding an increase in finished potable water of approximatdy 12 MGD. III- The intent of this memorandum is to present, in summary form, the findings and conclusions of these investigations and to formalize recommendations for final route and well sites selections. I I I I I I I 1.2 Scope of Investigations Greeley and Hansen liC is the consultant charged with the completion of the pipeline route and well site investigation. Water Resource Solutions (WRS) is advising on the apparent suitability of the well sites from a water production and water use permitting purview. The investigations presented herein comprise the following principle elements: · Acquire and develop basic data needed for the pipeline route and well site selection process; · Develop alternative configurations; . Evaluate and compare the alternatives; · Recommend the best configuration based on the reswts of these investigations. 1.3 Pipeline Route Section Methodology The methodology employed to identify the best configuration for the well transmission mains and well sites consists of the following major elements: J- · Focus on area of apparent advantageous hydrogeologic conditions; · Identify potential pipeline route and well site alternatives; . Develop engineering, regulatory and non-cost identifiable criteria against which the alternative pipeline routes and well sites are evaluated and compared; · Evaluate the permitability and consttuctability of the alternatives in the field; Route Study Report - August 2002.doc August 2002 GR..L.V AND HAN..N LL" I I I I I I I I I I I I I I I I I I I I Agenda !tem No. 100 January 11, 2005 Page 174 of 242 · Prepare preliminary opinions of project cost for purposes of comparing the alternatives; · Select and weight the non-cost-identifiable criteria for this project; and · Identify the best pipeline routes and well sites, considering all of the above. The best configuration may not necessarily be the least expensive in situations where environmental protection, safety or other considerations override cost. 2. BASIC DATA 2.1 Introduction Greeley and Hansen LLC conducted a feasibility evaluation of this project in August 2001. Each route presented herein considers a maximum 30-inch diameter pipeline capable of tmnsferring up to 16 million gallons per day. The mainline diameter of each alternative is sized based on all wells simultaneously running and producing 16 MGD total. Branch lines are sized assuming a maximum flow from individual wells of 1,000 GPM. To compare alternatives, it is necessary to acquire information on the various factors that affect the stÚtability and cost of each alternative. Comparative evaluations of the alternatives included the development of .probable construction, wetland mitigation, and land acquisition costs. Pertinent criteria, including safety, environmental, long range planning, and other criteria, which are not readily cost identifiable, have been assessed by means of an evaluation matrix. This matrix will be discussed later in the memorandum. Experienced pipeline and design and construction engineers evaluated these factors with respect to each alternative alignment in order to rank the alternative alignments. " 2.2 Route Study Area A route study area is simply the area within which alternative routes from Point A to Point B are developed. In this evaluation, Point A is the connection point with the SCRWTP, which is the 36-inch stub-out located in the southeast comer of the plant site. Point B is the approximate 23 well sites located within the area of apparent advantageous hydrogeologic conditions identified by WRS. Due to project scheduling requirements, three well sites within this area have been selected to confirm hydrogeological conditions via aquifer performance testing. This testing must precede pennitting and development of the remainder of the production wells. The target area for wells and the test well sites are shown on Figure 1. The boundaries of a route study area are often defined by natural and man made features, which, if crossed by a proposed pipeline route, would result in unnecessary increased pipeline length and cost which would otherwise be avoided by staying within the route study area. The limiting factors, in this study area, for developing a multitude of alternative routes are the crossing of large wetlands and crossing large tracts of undeveloped property. Figure 2 shows the Route Study Area. 2.3 Aerial Photographs Recent aerial photographs are helpful in pipeline route selection to identify density of development, environmentally sensitive lands, highways, railroads, waterways, and other natural and man made features visible from the air. For this evaluation, GIS files were provided by Collier County, which include color aerial photography and property lines. Additionally, color Route Study Report - August 2002.doc August 2002 2 ClR.IILIIV AND HAN..N ~~c '''' I Agenda Item NO.1 00 January 11 , 2005 Page 175 of 242 -- I I I I I I I aerial photography and property information was also obtained by internet communication with the Collier County property appraiser's web site. This photography was a lower resolution than the GIS files, however, the property information was more up to date. 2.4 Exisrit'lg Utili~ Data Information on existing public utilities, particularly underground utilities, is helpful to identify potential utility conflicts. Existing large diameter saaitary and storm sewers, sanitary force mains and water mains are usually the greatest concern. Collier County utility data collected and reviewed in conjunction with this study included several atlas style maps of existing and proposed sanitary sewers, force mains, reclaimed water, and potable water mains. Information from Collier County on existing major utilities indicates the following utilities are present in the route study area. Florida Power and Light (FP&L) Corridor Location Power lines are aligned approximately 55 feet from the eastern boundary of the 170-foot wide FP&L corridor running north and south east ofCR 951. Along east side of FP&L corridor north White Lake Corporate Park Utility High Voltage (13.8kV) Power Transmission Lines Saaitary Force Main II- Beck: BotÙevard Utility 12-inch Force Main Location Enters Beck: BotÙevard from the Tollgate Commercial Center approximately 1,000 feet east of CR 951 and travels west to CR 951 where it crosses and exits the study area. Runs east along Beck Blvd. and serves Toll Gate RV Park and residential areas along Le Buffs Road. I I I I I I I Water Main County Road 951 Utility 8-inch / 12-inch force main Location Enters CR 951 from Forest Glen Blvd then travels south within the CR 951 right-of-way. 8-inch force main becomes a 12-inch force main in front of Naples Golf and Country Club. The 48-inch water main enters CR 951 from the SCRWI'P and travels south within the right of way to the intersection ofCR 951 and Davis Blvd where it turns west out of the CR 951 right-of-way. The 20-inch water main begins at the intersection of CR 951 and Davis Blvd and travels south within the CR 951 right-of-way for the entire length of the study area. 48 -inch water main 20-inch Water Main Note: Only information on existing utilities is identified in these tables. Proposed utilities are discussed later in this memorandum. I- Route Study Report - August 2002.doc August 2002 ClRIi.L.V AND HAN..N L~C 3 I __,....u,,___"'_.._., I I I I I I I I I I I I I I I I I I I Agenda Item NO.1 OD January 11, 2005 Page 176 of 242 "' A review of utilities in the study area indicates that private utilities will have a minimal effect on route sdection. The high voltage power transmission lines located within the FP&L corridor will have the greatest impact on route evaluations. Other private utility information was not reviewed for the purpose of route sdection. Such utilities include cable TV, gas mains, tdephone conduits, fiber optic conduits, and buried dectrical conduits. Generally, but not in all instances, tdecommunications and power distribution lines do not have a significant impact on route sdection. It was dete!tnÎned that private utilities within the corridors identified in each route alternative wOtÙd not greatly affect the route sdecrion. A more detailed investigation of all utilities will be completed prior to final design of the pipeline alignment within the route sdected based on this report. 2.5 Right-or-Ways and Easements Property infonm.tion and maps for evaluating right-of-way widths and proposed easements were obtained and reviewed for this project as follows: Source Collier COWlty Collier COWlty Real Estate Data, Inc. 2.6 Traffic Volume Type GIS infonnarion Property Appraiser Website REDI Maps "' Streets with very heavy traffic volume are often not suitable for open trench pipeline construction, particularly if adequate room is not available adjacent to traffic lanes and detours are inconvenient or not available. Conversdy, streets with light traffic volumes may be attractive for pipeline construction. Traffic conditions were observed for this study during fidd reconnaissance and are summarÎ2:ed as follows: Road Interstate 75 White Lake Boulevard Beck Boulevard COWlty Road 951 2.7 Field Reconnaissance Traffic Conditions Moderatdy heavy, however, a trencWess crossing is anticipated. Moderate, however, a trenchless crossing is anticipated Moderate to Light Heavy traffic during peak hours. Significant development adjacent to road. An important part of pipeline alternarive route studies is field reconnaissance to observe actual candirions along each route, including: Route Study Report - August 2002.doc August 2002 GREELEV AND HAN..N LL" 4 I Agenda Item No.1 00 January 11 , 2005 Page 177 of 242 ..- I I I I I I I · Room for construction; · Presence of wedands; · Adjacent drainage; · Pavement condition; · Overhead utilities; · Traffic; · Topography / Geotechnical; · Access for special crossings; and · Type and density of commercial and residential development. Field reconnaissance was conducted in the route study area to develop alternatives. After development of alternatives, field reconnaissance is employed again to confirm feasibility and identify specific cost items. The results of these observations are included in the discussion of alternative development and evaluation hereinafter. 2.8 Historical Structures and Archeological Sites ,.... The Florida Department of State, Division of Historical Resources maintains information on sites that may be historically or archeologically significant. The routes reviewed under this report generally lie within existing corridors minimizing the potential for disruption of historical structures or archeological sites. Prior to completion of final design, it is recommended that the proposed pipeline alignment be reviewed to detennine if any historically significant sites are impacted. I I I I I I I 2.9 Environmental For the purpose of this study, pipeline routes generally follow existing urility corridors or public rights-of-way thus minimizing the environmental impact. Branch collector mains to single or small groups of wells often follow property lines, which may not have been cleared for other purposes. Although the construction corridors for these smaller pipelines (8 to 16 inches in diameter) are narrow, environmental impacts may be significant when creating new corridors. Much of the area is forested wetlands dominated by Cypress trees. Some of the area is poor quality forested wetlands, which suffer from domination by Mellaleuca, an invasive, exotic species. The project is clearly in the public interest and thus should be permittable. Impacts to forested wetlands, however, will likely require mitigation. It is difficult at this point to accurately quantify costs associated with mitigation because the ratios required by regulatory agencies vary. The costs developed herein are useful for comparing routes since all alternatives would likely be assigned the same ratio. 2.10 Long Range Planning ... Another important consideration is the interaction of the proposed pipeline with future projects. Collier County's Water and Wastewater Master Plans published in 2001 identify the planned water and wastewater urility improvements throughout the county. These documents describe all County proposed capital improvement projects through the year 2021. In addition, the 2006/2007 and 2025 transportation plans, published by the Florida Department of Transportation, I Route Study Report - August 2002.doc August 2002 GR......V ANa HAN..N ~~a 5 I I I I I I I I I I I I I I I I I I I Agenda Item NO.1 00 January 11, 2005 Page 178 of 242 " were reviewed. follows: The proposed long-range planning projects within the route study area are as . Construct 36" Water Main along County Road 951 from Beck Blvd to Rattlesnake Hammock Road Additional lanes added to County Road 951 . 3. ALTERNATIVE PIPELINE ROUTES 3.1 General Several transmission pipeline alternative routes from the SCRWfP to the test wells were identified and evaluated. A major consideration in the selection of route alternatives was existence of roads or utility corridors and environmentally sensitive lands. Alternative routes were identified based on field observation and review of collected data. Both cost and non-cost factors were considered in the selection of the alternative routes. Three alternatives were considered for further study and are tided as follows: · Alternative 1: FP&L Corridor · Alternative 2: Le Buffs Road / FP&L Corridor · Alternative 3: Beck B01.ùevard / CR 951 These route corridors and well configurati~ns are shown on Figure 3, 4, and 5, respectively. "' 3.2 Description of Alternative Routes 3.2.1 Alternative 1: Florida Power and Light Corridor The main line of this alternative heads east from the 36-inch stub, at the southeast comer of the SCRWTP, across the FP&L corridor to the east 30' of the FP&L corridor where it turns south. The route follows this FP&L corridor southerly across White Lake Boulevard and Interstate 75, thence continues south across Beck Boulevard to the northern test well site. From here, the route continues southerly in the east 30 feet of the FP&L corridor approximately 1.5 miles to the central test well site and another 1.5 miles to the terminus at the southern test well site. Proposed well sites are scattered linearly along the southern 3 miles of the route generally at one-quarter mile intervals. Along the southern two miles of this route are several opportunities for lateral branch pipelines to small groups of wells. 3.2.2 Alternative 2: Le Buffs Road / FP&L Corridor The main line of this alternative heads east from the 36-inch stub, at the southeast comer of the SCRWTP, across the FP&L corridor to the east 30' of the FP&L corridor where it turns south. The route follows this FP&L corridor southerly approximately 700 feet to the north boundary of the White Lake Corporate Park where the route turns easterly along this boundary. When it reaches the eastern boundary of the corporate park, the route turns southerly along the boundary to White Lake Boulevard. The route goes approximately one- eighth mile east-southeast within this right-of-way to a point where it turns south and crosses White Lake Boulevard, Interstate 75 and Beck Boulevard to Le Buffs Road. This route then Route Study Report - August 2002.doc August 2002 GlRliliLIiV AND HANallN 'LC 6 I Agenda Item NO.1 00 January 11, 2005 Page 179 of 242 JI- continues southerly in Le Buffs Road to the end of the maintained right-of-way thence continues southerly along a property line approximately 1,000 feet to the south boundary of Section 1, Township 50 south, Range 26 east. The route then goes west approximately one mile along this south boundary to the FP&L corridor where it turns southerly in the east 30 feet of the FP&L corridor approximately one-half mile to the centI1Ù test well site and another 1.5 miles to the tenninus point at the southern test well site. Proposed well sites axe scattéred linearly along Le Buff Road, the east-west section line and along the FP&L corridor at approximate one- quarter mile intervals. Along the FP&L corridor are several opportunities for lateral branch pipelines to small groups of wells. I ,I I I I I I 3.2.3 Alternative 3: Beck Blvd. / CR 951 This alternative heads east from the 36-inch stub, at the southeast comer of the SCRWTP, across the FP&L corridor to the east 30 feet of the FP&L corridor where it turns south. The route follows this FP&L corridor southerly across White Lake Boulevaxd and Interstate 75, thence continuing south across Beck Boulevaxd to the No.rthem test well site. At this point. the route heads west in the south part of Beck Boulevard to County Road 951 and thence south in County Road 951 right-of-way approximately three miles to the tenninus at Rattlesnake Hammock Road. P.roposed well sites would include the north test well site and wells dispersed linearly along County Road 951 at approximate one-quarter mile intervals. Along the southerly two miles of this route are several opportunities for lateral branch pipelines to small groups of wells. . ø- 3.3 Discussion of Alternative Routes I I I I I I I Alternative 1: Florida Power and Light Corridor The following discussion generally follows along the .route from north to south. Leaving the plant site, the pipeline will have to share the east 30 feet of the FP&L co.rridor with a sanitary fo.rce main until it reaches the White Lake Co.rporate Park (about 1,000 feet). Along the enti.re FP&L corrido.r, the pipeline passes electrical transmission towers spaced at 500 to 6oo-foot intervals. These towers axe located 55 feet from the east boundary of the 170-foot wide FP&L easement. Most of the towers axe single concrete poles with lateral guy wires, which penetrate grade 40 feet from the tower. This means a guy wire will be located 15 feet from the east boundary of the FP&L corridor every 500 to 600 feet. This appears to be the greatest obstacle to negotiate with the pipe alignment for this .route. FP&L was unable to provide any details on the guy anchors located unde.rground. The western side of the FP&L corridor was considered, howeve.r, only the east 100 feet of the corridor has been cleared so environmental impacts would have been extreme. In addition, this is the most likely side for future parallel electrical power transmission facilities, which makes our encumbrance of the FP&L easement more difficult for FP&L to accept. a White Lake Boulevard is the first roadway encountered. A trenchless crossing is p.roposed due to consistent traffic to the landfill and the lack of a convenient detour. This crossing may have to be accomplished with the Interstate crossing; however, two shorter crossings would be preferential due to the already long and difficult proposed Interstate crossing. The Interstate crossing will require micro-tunneling through anticipated hard limestone and high groundwater tables. This trenchless method will afford the greatest degree of safety to the Interstate and facilitate pennitting. I Route Study Report - August 2002.doc August 2002 GR..L.V AND HAN..N LLC 7 -_.,-,.~"'~-_.-.~'~ I I I I I I I I I I I I I I I I I I I Agenda Item No. 100 January 11, 2005 Page 180 of 242 The next significant feature along the route is Beck Boulevard, which appears that it could be open cut and alternating traffic directions maintained for the light residential traffic. For conservative purposes, a trenchless crossing is assumed to be required. The drainage ditch within Beck Boulevard right-of-way is proposed to be open cut. Pipeline construction just south of Beck Boulevard will require design and construction coordination to minimize traffic and storage impacts to a local business, which uses the FP&L easement. South of here, the pipeline crosses the Forest Glen residential and golf course development. The entrance way could possibly be open-cut utilizing the median to separate traffic from construction, however, for conservancy, a trenchless crossing is assumed here. From here to lli!.ttlesnake Hammock Road, the route crosses very little as far as development with the exception of one under construction residential development. The well sites associated with this route and the branch transmission mains are all adjacent to existing property lines and utilize existing dirt roads where available. Impact associated with these smaller mains should be manageable. Proposed well sites have been located to attempt to minimize inconvenience to underlying landowners. Areas of concern include well sites, which will have emergency generators located near developments such as Forest Glen. Design of generator enclosures should address sound attenuation as well as aesthetics. Alternative 2: Le Buffs Road / FP&L Corridor The following discussion follows the route generally from north to south. From the 36- inch stub at the southeast corner of the plant site, this route would cross the FP&L easement and share the east 30-feet of the FP&L corridor with a sanitary force main until it reaches the northern boundary of the White Lake Corporate Park (about 1,000 feet). At this point, the route turns east along the north boundary of the White Lake Corporate Park north of the access road. At the eastern boundary of the White Lake Corporate Park, the route turns south along the property line and crosses White Lake Boulevard and Interstate 75. A trenchless crossing of White Lake Boulevard is proposed due to the consistent traffic to the Landfill and the lack of a convenient detour. More easily than with Alternative 1, the trencWess crossing of White Lake Boulevard could be accomplished separately from the crossing of Interstate 75, as more space is available between the two roads at this crossing location. The trenchless crossing of Interstate 75 under this alternative will be approximately 100 feet shorter than with the other two alternatives. However, the property for the northern test well site, procurement of which is already underway, would be unavailable for production of water supply. Testing data from this site may be useful but would carry a degree of uncertainty due to poor proximity to proposed production wells. South of Interstate 75 the route travels along Le Buffs Road through a residential area to the end of the maintained right of way. At this point, the route would be creating a new corridor through undisturbed forested land for approximately 1,000 feet to the south boundary of Section 1, Township 50 south lli!.nge 26 east. The route then turns west and continues through undisturbed forest for approximately one mile along the south boundary of the Forest Glen development until it reaches the FP&L corridor. From this point south to lli!.tdesnake Hammock Road, the route is the same as Alternative 1 with slighdy different branches. Similar to Alternative 1, the well sites and branch transmission mains are all adjacent to existing property lines, using dirt roads where available to minimize environmental impacts as Route Study Report· August 2002.doc August 2002 EilRII.L.V AND HANBIIN LLC 8 I Agenda Item NO.1 00 January 11, 2005 Page 181 of 242 l1li- well as inconvenience to landowners. Impacts to the surrounding areas due to these smaller mains should be manageable. This pipe alignment required that more wells be located near residential areas such as the area along Le Buffs Road and Forest Glen residential and golf course development. Well sites with emergency generators located near residential developments will require attention during design of generator enclosures and will need to address sound attenuation as well as aesthetics. I I II I I I I Alternative 3: Beck Boulevard I CR 951 This alternative follows the same alignment as alternative one from the SCRWfP south to Beck Boulevard. At this point. the route heads west in the southern part of Beck Boulevard right-of-way to County Road 951. The southern portion of the Beck Boulevard right-of-way is surplus right-of-way made obsolete when the Interstate was extended. . providing adequate space for pipe alignment along this portion of the route. l1li- Once the route reaches County Road 951. it turns southerly in the eastern side of the right-of-way. This high traffic, heavily improved corridor is a relatively poor place to site medium-large diameter pipeline construction. There are existing utilities within the CR 951 right-of-way including a 12-inch force main. a 48-inch water main, and a 20-inch water main. Future plans call for construction of a 36-inch water main within the CR 951 right-of-way from Beck Boulevard south to Ra.ttlesnake Hammock Road. Future plans also call for the construction of additional traffic . lanes. and therefore. additional drainage facilities. Utility congestion along the CR 951 would complicate pipeline design and construction. The right-of way is bounded on the east by drainage canals and residential development enttanceways with elaborate . landscaping and green space is limited along the route. These improvements require installation of the pipeline under the roadway. resulting in greater public inconvenience due to traffic disruption and increased cost due to road reconstruction. I I I I I I I 4. EVALUATION AND COMPARISON OF ALTERNATIVE PIPELINE ROUTES 4.1 Cost-Identifiable Evaluation Each alternative route contains variable cost-identifiable features. Typically, pipeline length is the most influential factor. Other significant factors include special installation techniques (e.g. trenchless installation). the cost and type of property required, the amount of environmental restoration/mitigation required and pavement I roadway restoration. 4.1.1 Pipeline Length The estimated lengths of the alternative routes are presented below. The cost of open cut construction for a 30-inch diameter pipeline is estimated at $210 per linear foot. The cost of trenchless installation of a casing pipe for a 30-inch diameter pipeline by jacking and augering is estimated at $600 per linear foot. The long micro-tunneled crossing anticipated for crossing Interstate 75 is $1.300 per linear foot of casing plus the cost of the carrier pipe. These costs are derived from similar pipeline projects and current construction cost trends. The total lengths of the alternative routes including branch lines are as follows: a. I Route Study Report - August 2002.doc August 2002 GIII..L.V AND HAN..N LU' 9 >'~'-"--"'-~-"'--'-"'" I I I I I I Agenda Item No. 100 January 11 , 2005 Page 182 of 242 ""'" Overall Pipeline Lengths Route Alternative 1: FP&L Corridor Alternative 2: Le Buffs Road I FP&L Corridor Alternative 3: Beck Boulevard I CR 951 Length 34,500 ft. 39,000 ft. 38,600 ft. 4.1.2 Property Acquisition Considerations I I I I I I I In general, route devdopment attempts to utilize public rights-of-way and avoid reqUlI1I1g easements. When necessary routes utilize easements whose characteristics are favorable for acquisition or which are required for the successful completion of the project. The cost of easement acquisition is based upon esrimates of the property value and acquisition services fees. For typical permanent easements, a partial use factor is assigned and multiplies times the property value accounting for the fact that some surface uses of the land will still be allowed (such as parking lots). In cases where the taking of property does not allow the owner future partial use, 100 percent of the unit property cost is used. Based on project experience, the County has recommended that the cost o( pennanent easement be esrimated using a unit cost of $ 75,000 per acre. For an easement within the FPL&L corridor, where the land has already been encumbered, a 50% partial use factor has been assigned. The value of temporary construction easements is esrimated as 30 percent of the unit property value multiplied by the easement area, to allow for a three-year land rent at a value of 10 percent per year. In addition, a $15,000 per parent parcel fee for engineering, survey and legal fees for property acquisition is assumed. '"' Easement costs used in this report are based upon a 30-foot wide permanent easement and typically a 20-foot wide temporary construction easement. The temporary easement may not be required if a usable right-of-way is adjacent to the permanent easement. Properties for well sites are recommended to be acquired in fee simple. I I I I I I The greatest easement cost for this project will likely be for easements within the FP&L corridor for which FP&L has an easement. The fee simple land owners would lose very little property rights as the land is already encumbered in a similar fashion for dectrical power transmission. A mutual use agreement will be required from FP&L. If the proposed pipeline interferes little with existing and future dectrical power transmission uses, FP&L should be amenable to the mutual use agreement and historically do not charge a fee. Environmental and permitting concerns make it difficult to define absoiutdy the exact property proposed for acquisition without a qualified environmental inspection of each site, with potential adjustments, and subsequent meetings with regulatory agencies. Project scheduling requirements do not allow for this to be performed before the sites are identified for this report. 4.1.3 Road Restoration In locations where the pipe is aligned along a road and right-of-way and green space is insufficient to construct the pipeline, a portion of the road bed may be disturbed. In instances where the pavement is disturbed, the road base in the impacted lane is restored and the entire road width is overlaid. These roadway restoration costs may become significant where long Route Study Report· August 2002.doc August 2002 GR.IILKV AND HANKKN """ 10 ---- --- I III- I I II I I I I ØI-. I I I I I I I -- I Agenda Item NO.1 00 January 11, 2005 Page 183 of 242 lengths of roadways are disturbed. The estimated cost of road restoratìon/ replacement is $70.00 per linear foot This value is based on similar projects and current construction cost trends. County Road 951 and Le Buffs Road would require the most restoratìon associated with the alternative routes. It should be noted that all of the proposed pipe corridors have no parallel stonn drainage structures. Most storm drainage is accomplished with roadside ditches. The crossing of existing stonn drainage culverts will be restored if disturbed by the proposed consttuctìon, with no change in the existing drainage patterns. 4.1.5 Permitting The list of permits required for each of the alternative routes are similar and it is assumed that engineering fees associated with application., preparatìon, and permit fees will not significandy impact cost evaluation. The level of complexity will be high for environmental permits associated with Alternative 2 - LeBuffs Road/FP&L Corridor and for Right-of-Way Use Permits for the County Road 951 alternatìve. Although thestìpulations set forth in some permits may require cost identifiable measures, at this time, those items are not known. Consequendy, no permitting cost associated with the construction of the alternative routes has been identified. The following permits may be re9uired: · Collier County Right-of-Way Use Permit; · Florida Department of Transportation Utility Permit; · Florida Department of Environmental Protection Intent to Use/Department of Health Public Drinking Water Facility Permit; · SFWMD Water Use Permit for the wells; · USEPA NPDES Permit for Non-Point Source (Construction); · SFWMD/FDEP / ACOE Environmental Resource Permit; and · Florida Power and Light Mutual Use Agreement. 4.1.6 Opinion of Probable Construction Cost Before costs could be developed, each segment of pipe had to be sized. The mainline pipe is sized for all wells on and pumping a total of 16 MGD. The branch lines are sized assuming a maximum £low from individual wells of 1,000 GPM. Pipeline size and hydraulics is detailed in Appendix A. Preliminary opinions of probable cost have been prepared for the alternative pipeline routes including property acquisition, wetland mitigation, well consttuctìon, and a 15% contingency, and are included in Appendix B. The probable construction costs for each route are summarized as follows: Probable Construction Cost Estimates Cost $15,387,000 $16,700,000 Route Alternative 1: FP&L Corridor Alternative 2: Le Buffs Road / FP&L Corridor Route Study Report - August 2002.doc August 2002 GlR..LIIV AND HAN..N LLC 11 ..,.---," I I I I I I I I I I I I I Agenda Item No.1 00 January 11, 2005 Page 184 of 242 -. Probable Construction Cost Estimates Alternative 3: Beck Boulevard I CR 951 $16,310,000 4.2 Non-Cost-Identifiable Route Evaluation Criteria 4.2.1 Development/Wetgb.ting of Criteria The alternative pipeline routes were evaluated and compared based on an arra.y of non- cost-identifiable criteria. The non-cost-identifiable criteria consist of possible characteristics or special requirements associated with the specific project. Although they are not evaluated with a. cost value, these criteria are of critical importance in determining the appropriate route. The consultant team selected which criteria are applicable to the proposed pipeline. The non-cost- identifiable criteria, developed for this evaluation are shown as follows: ~ I I I I I I Route Study Report - August 2002.doc August 2002 GR..L.V AND HAN..N ~~c 12 I Agenda Item No.10D January 11, 2005 Page 185 of 242 II- I I I I Non-Cost-Identifiable Route Evaluaûon Criteria Criteria Impacts Pipeline Length · Duration of construction; date of .initial operation · Number of pipe joints and potential latent defects (e.g. future leaks) · Number of appurtenances requiring O&M · Duration of public inconvenience Public Inconvenience · Complaints; community relations · Business operations and profits · Tranquility of life (e.g. noise, dust, vibration) · Takine of private land Safety · Accessibility for emergency vehicles · Public and business commuting time and cost · Availability of adequate detour routes · Coordina.tion between traffic agencies Major Road Crossings · Duration of construction · Pemútting · Future maintenance accessibility Geotechnical Considerations · Dewatering; construction duration · Corrosion potential · Construction contlneencv cost Permitting Requirements · Bidding schedcle · Construction scheduling and sequencing · Agency review · Public hearine/ notification Right-of-Way/Easement · Administrative, surveying and engineering costs Availability · De5Î(!O and biddine schedules Operation and Maintenance · O&M convenience Accessibility Environmental Impact/Wetlands · Mitigation engineering and monitoring Mitigation · Land acquisition · Design and bidding schedules · Design and construction complexity · Public relations Long-Range Planning · Consistency with future projects · Future utilities · Future road/intersection enhancements Special Construction · Duration of Construction Requirements · Time and Cost I I I I I I I It- I I I .. To identify which criteria ate most important to pipeline route selection each were assigned a weighting factor. This was accomplished by polling several pipeline engineers for their respective opinions of relative importance. Each of the individuals reviewed the project and familiarized I Route Study Report - August 2002.doc August 2002 GR..I..V ANI:! HAN..N "0 13 _·~_.___.<w_.__. I I I I I I I I I I I I I Agenda Item No. 100 January 11, 2005 Page 186 of 242 -- themselves with the project area before filling out the criteria-weighting matrix. The results of the criteria weightings are shown in the evaluation matrix. 4.2.2 Rating the Routes Against Criteria Using an evaluation matrix is a convenient method of racing each route aga.ìnst each of the 11 weighted non-cost-identifiable route selection criteria previously discussed. The alternative routes were compared and each was rated against every criterion on a scale of 1 (poor) to 4 (excellent). The resulting products (criterion weight x rating) were summed to obtain a total score for each route. The route with the highest total score represents the preferred route based on non-cost identifiable criteria. The Alternative Route Evaluation Matrix Scores are shown in Appendix C and are summarized as follows: Non-Cost-Identifiable Route Selection Criteria Score Route Alternative 1: FP&L Corridor Alternative 2: LeBuffs I FP&L Corridor Alternative 3: Beck Boulevard I CR 951 Score 165 (best) 141 99 (worst) -. 5. ROUTE RECOMMENDATION 5.1 Recommended Route Subject to the successful negotiation of a mutual use agreement with Florida Power and Light and subject to the assessment of environmental characteristics, mosdy associated with well sites and branch transnñssion mains, and subsequent, successful discussion with regulators, Alternative 1 is recommended for both cost and non-cost reasons. This route is the least costly, has the least traffic impacts, has the least impact to the general public, and is the shortest. Appendix D includes detailed aerial color photographic mapping including property lines and folio numbers. I I I I I I Route Study Report - August 2002.doc August 2002 GR..L&Y AND HAN..N LLC 14 I Agenda Item No. 10D January 11, 2005 Page 187 of 242 Jill- I I I ,I I I I APPENDIX A Pipe Sizing and Hydraulics ....' I I I I I I I a I Route Study Report - August 2002.doc August 2002 GR..LIIY AND HAN..N ~~'" I I I I I I I I I I I I I I I I I I I COLLŒR COUNTY GOVERNMENT SCR WTP Reverse Osmosis Well field Expansion Alternative: 1- FP&L Corridor Agenda Item No. 100 January 11, 2005 Page 188 of 242 -- Pipeline Sizing and Hydraulics Greeley and Hansen July 2002 Pipe Length Nom. Pipe Inside Pipe Average Flow Average Pipe Label (feet) Diameter Diameter (gpm) Velocity (fps) (inches) (inches) P-1 4,100 30 29.28 11,117 5.3 P-1A 600 30 29.28 11,117 5.3 P-1A 80 30 29.28 11,117 5.3 P-2 1,750 " 30 29.28 10,633 5.1 P-3 2,050 30 29.28 10,150 4.8 P-3A 100 30 29.28 10,150 4.8 P-4 1,600 24 23.61 9,667 7.1 P-5 1,250 24 23.61 9,183 6.7 P-6 1,400 24 23.61 8,700 6.4 P-7 1,350 12 11.65 967 2.9 P-8 1,300 8 7.98 483 " 3.1 P-9 1,200 8 7~98 483 3.1 P-10 1,300 24 23.61 7,250 5.3 P-11 1,400 20 19.76 6,283 6.6 P-12 1,200 16 15.92 1,450 2.3 P-13 1,450 12 11.65 967 2.9 P-14 1,350 20 19.76 4,350 4.6 P-15 1,350 8 7.98 483 3.1 P-16 1,400 16 15.92 3,867 6.2 P-17 1,350 8 7.98 483 3.1 P-18 1,200 8 7.98 483 3.1 P-19 1,500 16 15.92 2,900 4.7 P-20 1,200 8 7.98 483 3.1 P-21 1,200 16 15.92 1,933 3.1 . P-22 1,300 12 11.65 967 2.9 P-23 1,300 8 7.98 483 3.1 TOTAL 34,500 ft. PIPE MATERIAL 8" -12" C900 PVC CLASS 150 16" - 30" C905 PVC CLASS 165 NOTE Average flow shown is with aU 23 wells pumping a total of 16 MGD. Branch lines are sized assuming 1000 GPM max. per well. PI PE_ Costs.xls 8/6/2002 Pipe Length Nom. Pipe Inside Pipe Average Average Pipe Label (feet) Diameter Diameter Flow (gpm) Velocity (inches) (inches) (fps) P-1 9,500 30 29.28 11,117 5.3 P-1A 500 30 29.28 11,117 5.3 P-1A 80 30 29.28 11,117 5.3 P-2 1,300 30 29.28 10,649 5.1 P-3 ' 1,300 30 29.28 10,186 4.9 P-4 1,300 24 23.61 9,723 7.1 P-5 1,400 24 23.61 9,260 6.8 P-6 1,800 ' 24 23.61 8,797 6.4 P-7 1,350 24 23.61 8,334 6.1 P-8 1,250 24 23.61 7,871 5.8 P-9 1 ,400 24 23.61 7,408 5.4 P-10 1,300 24 23.61 6,945 5.1 P-11 1,200 8 7.98 463 3.0 P-12 1,400 20 19.76 6,019 6.3 P-13 1,200 12 11.65 1,389 4.2 P-14 1,450 12 11.65 926 2.8 P-15 1,350 16 15.92 4,167 6.7 P-16 1,350 8 7.98 463 3.0 P-17 1,400 16 15.92 3,704 6.0 P-18 1,350 8 7.98 463 3.0 P-19 1,200 8 7.98 463 3.0 P-20 1,500 16 15.92 2,778 4.5 P-21 1,200 8 7.98 463 3.0 P-22 1,200 16 15.92 1,852 3.0 P-23 1,300 8 7.98 463 3.0 1\ .. Ii I; I' I II I I .... I I I I I .' I I TOTAL COLLIER COUNTY GOVERNMENT SCRWTP Reverse Osmosis Wellfield Expansion Alternative: 2 - Le Buffs RoadIFP&L Corridor Pipeline Sizing and Hydraulics Greeley and Hansen July 2002 39,000 ft. Agenda Item No, 100 January 11, 2005 Page 189 of 242 PIPE MATERIAL 8" - 12" C900 PVC CLASS 150 16" - 30" C905 PVC CLASS 165 NOTE Average flow shown is with all 23 wells pumping a total of 16 MGD. Branch lines are sized assuming 1000 GPM max. per well. ¡ ... PIPE_ Costs.xls I 8/6/2002 I I I I I I I I I I I I I I I I I I I Agenda Item No. 100 January 11, 2005 Page 190 of 242 COLLIER COUNTY GOVERNMENT SCR WTP Reverse Osmosis Wellfield Expansion Alternative: 3 - County Road 951 Pipeline Sizing and Hydraulics Greeley and Hansen July 2002 Pipe Length Nom. Pipe Inside Pipe Average Flow Average Pipe Label (feet) Diameter Diameter (gpm) Velocity (fps) (inches) (inches) P-1 4,100 30 29.28 11 ,117 5.3 P-1A 600 30 29.28 11.117 5.3 P-1A 80 30 29.28 11,117 5.3 P-2 2,000 30 29.28 10,649 5.1 P-3 4,500 30 29.28 10,186 4.9 P-3A 100 30 29.28 10,186 4.9 P-4 1-,300 16 15.92 2,315 3.7 '. P-5 1,300 24 23.61 7,871 5.8 P-6 1,300 24 23.61 1,852 1.4 P-7 1 ,400 24 23.61 7,408 5.4 P~8 1,400 8 7.98 1.389 8.9 P-9 1,350 8 7.98 926 5.9 P-10 1,300 8 7.98 463 3.0 P-11 1,300 24 23.61 6,482 4.8 P-12 1,200 16 15.92 1,852 3.0 P-13 1 ,400 20 19.76 4,630 4.8 P-14 1,400 16 15.92 1,389 2.2 P-15 1,200 12 11.65 926 2.8 P-16 1,450 8 7.98 463 3.0 P-17 1,350 20 19.76 4,167 4.4 P-18 1 ,400 16 15.92 3.704 6.0 P-19 1,350 12 11.65 926 2.8 P-20 1,400 8 7.98 463 3.0 P~21 1,500 16 15.92 2,315 3.7 P-22 1,200 16 15.92 1,852 3.0 P-23 1,200 16 15.92 1,389 2.2 P-24 1.300 8 7.98 463 3.0 TOTAL 38,600 ft. .~~ PIPE MATERIAL 8" -12" 16" - 30" C900 PVC CLASS 150 G90S PVC CLASS 165 NOTE Average flow shown is with all 23 wells pumping a total of 16 MGD. Branch lines are sized assuming 1000 GPM max. per well. PIPE_Costs.xls 8/612002 I Agenda Item No. 100 January 11, 2005 Page 191 of 242 II... I I I I I I I APPENDIX B Opinion of Probable Construction Cost ~ I I I I I I I . Route Study Report - August 2002.doc August 2002 GlPI..L.V ANC HAN..N LLO I Ii II Ii I' Ii ! Ii I I I I I I I I , , I I I I ; I I Agenda Item No. 100 January 11 , 2005 Page 192 of 242 Collier County Government -.. South County Regional Water Treatment Plant Reverse Osmosis Well Field Expansion Cost Estimate Alternative 1 - FP&L Corridor Greeley and.Hansen LLC August 2002 Item Description Unit Price Unit Quantity Cost 1 Raw Water Pipelines In Open-cut Trench Fumish & Install 30" Water Une and Fittings $ 210 LF 7,900 $ 1 ,659,000 Furnish & Install 24" Water Une and Fittings $ 160 LF 5,550 $ 888,000 Fumlsh & Install 20" Water Une and Fittings $ 120 LF 2,750 $ 330,000 Furnish & Install 16" Water Une and Fittings $ 80 LF 5,300 $ 424,000 Furnish & Install 12" Water Line and Fittings $ 52 LF 4,100 $ 213,000 Fumish & Install 8" Water Une and Fittings $ 36 LF 8,900 $ 320,000 Total Pipe Length 34.500 2 Trenchless Construction of Raw Water Pipelines Jacked and Auaered 30" Water Main $ 600 EA 180 $ . 108,000 Microtunneled 30· Water Main $ 1,300 EA 600 $ 780,000 3 PavementlRight-of-Way Restoration Rebuild Lane and Overlay Road $ 70 LF 100 $ 7,000 Finish Grade by Seeding $ 1.25 SY 10,000 $ 13,000 Finish Grade by Sodding $ 4 SY 5,000 $ 20,000 4 Wells $ 250,000 EA 23 $ 5,750,000 5 Wetland MitlgationiRestoratlon Forested $ 80,000 AC 1.82 $ 145,500 Herbaceous $ 10,000 AC 0.91 $ 9,100 Subtotal (Construction Cost) $10,666.600 6 Property Acquisition Parent Parcels with takings (Admin.) $ 15,000 EA 62 $ 930,000 Perm.t Easement Area in FPL Corridor $ 37,500 AC 13.2 $ 493,300 Temp. Easement Area In FPL Corridor $ 22,500 AC 8.8 $ 197,300 Permanent Eàsements $ 75,000 AC 10.6 $ 795,500 Temporary Easements $ 22,500 AC 7.1 $ 159,100 Well Sites Fee Simple $ 75,000 AC 1.3 $ 95,000 Well Sites Temporary Easements $ 22,500 AC 1.9 $ 42,800 Subtotal (Property Acquisition) $ 2,713.000 7 Construction Contingency (to nearest $1000) 15 % $ 2,007,000 Total (to nearest $1000) $15,387,000 . '-' II .. Ii I: I I I I I- lit- I I I I ; I I I Collier County Government Agenda Item No_ 100 January 11, 2005 Page 193 of 242 South County Regional Water Treatment Plant Reverse Osmosis Well Field Expansion Cost Estimate Alternative 2 - Le Buffs RoadIFP&L Corridor Greeley and Hansen LLC August 2002 . Item Description Unit Price Unit Quantity Cost 1 Raw Water Pipelines In Open-cut Trench Furnish & Install 3D" Wat~r Line and Fittings $ 210 LF 12,100 $ 2,541,000 Furnish & Install 24" Water Line and Fittings $ 160 LF 9,800 $ 1,568,000 Furnish & Install 20" Water Line and Fittings $ 120 LF 1,400 $ 168,000 Furnish & Install 16" Water Une and Fittings $ 80 LF 5,450 $ 436,000 Furnish & Install 12" Water Line and Fittings $ 52 LF 2.650 $ 138,000 Furnish & Install 8" Water Line and Fittings $ . .36 LF 7,600 $ 274,000 Total Pipe Length 39,000 2 Trenchless Construction of Raw Water Pipelines Jacked and Augered 30" Water Main $ 600 EA 80 $ 48;000 Microtunneled 30" Water Main $ 1,300 EA 500 $ 650,000 3 PavementlRight-of-Way Restoration Rebuild Lane and Overlay Road $ 70 LF 3,500 $ 245,000 Finish Grade bv Seeding $ 1.25 Sy 15,000 $ 19,000 Finish Grade by Sodding $ 4 Sy 8,000 $ 32,000 4 Wells $ 250,000 EA 23 $ 5,750,000 5 Wetland Mitigation/Restoration Forested $ 80,000 AC 4.25 $ 340,300 Herbaceous $ 10,000 AC 2.12 $ 21,200 Subtotal (Construction Cost) $ 12.230,500 6 Property Acquisition Parent Parcels with tàkings (Admin.) $ 15,000 EA 51 $ 765,000 Perm.t Easement Area in FPL Corridor $ 37,500 AC 7.4 $ 278,900 Temø. Easement Area in FPL Corridor $ 22,500 AC 5.0 $ 111,600 Permanent Easements $ 75,000 AC 11.1 $ 831,600 Temporary Easements $ 22,500 AC 7.4 $ 166,400 Well Sites Fee Simple $ 75,000 AC 1.3 $ 95,000 Wen Sites Temporary Easements $ 22,500 AC 1.9 $ 42,800 Subtotal (Property Acquisition) $ 2,291,300 7 Construction Contingency (to nearest $1000) 15 % $ 2,178,000 Total (to nearest $1000) $ 16,700,000 I _._-~-- ~ -,,-~..~..+.,... ._._...,,,~<.,_.._--,---».,-,- Ii II I' I' I I I I I I I I I I , I I I I I Collier County Government Agenda Item No. 100 January 11, 2005 Page 194 of 242 South County Regional Water Treatment Plant Reverse Osmosis Well Field Expansion Cost Estimate Alternative 3 - County Road 951 Greeley and Hansen LLC August 2002 Item I Description Unit Price Unit Quantity Cost 1 Raw Water Pipelines in Open-cut Trench Furnish & Install 30" Water Line and Fittings $ 210 LF 10,600 $ 2,226,000 Furnish & Install 24" Water Line and Fittings $ 160 LF 5,300 $ 848,000 Furnish & Install 20" Water Line and Fittings $ 120 LF 2,750 $ 330,000 Furnish & Install 16" Water Line and Fittinas $ 80 LF 9,200 $ 736,000 Furnish & Install 12" Water Line and Fittings $ 52 LF 2,550 $ 133,000 Furnish & Install 8" Water Une and Fittings $ , 36 LF 8,200 $ 295,000 Total Pipe Length 38,600 2 Trenchles~ Construction of Raw Water Pipelines Jacked and Augered 30" Water Main $ 600 EA 180 $ 108,000 Microtunneled 30" Water Main $ 1,300 EA 600 $ 780,000 3 PavementiRight-of-Wav Restoration Rebuild Lane and Overlay Road $ 70 LF 15,840 $ 1,109,000 Finish Grade by Seeding $ 1.25 SY 7,500 $ 9,000 Finish Grade by Sodding $ 4 SY 5,000 $ 20,000 4 Wells $ 250,000 EA 23 $ 5,750,000 5 Wetland MitiaationlRestoration Forested $ 80,000 AC 0.90 $ 72,000 _ Herbaceous $ 10,000 AC 0.45 $ 4,500 Subtotal (Construction Cost) $12,420,500 6· Property Acquisition Parent Parcels with takings (Admin.) $ 15,000 EA 34 $ 510,000 Perm.t Easement Area in FPL Corridor $ 37,500 AC 5.6 $ 211,800 Temp. Easement Area In FPL Corridor $ 22,500 AC 3.8 $ 84,800 Permanent Easements $ 75,000 AC 9.1 $ 681,800 Temporary Easements $ 22,500 AC 6.1 $ 136,400 Well Sites Fee Simple $ 75,000 AC 1.3 $ 95,000 Well Sites Temporary Easements $ 22,500 AC 1.9 $ 42,800 Subtotal (Property Acquisition) $ 1,762,600 7 Construction Continaency (to nearest $1000) 15 % $ 2,127,000 Total (to nearest $1000) $16,310,000 -...., I Agenda Item No.1 00 January 11, 2005 Page 195 of 242 ~ I I I I I I I APPENDIX C Alternative Route Evaluation Matrix ...... I I I I I I I .. Route Study Report - August 2002.doc August 2002 O..RRLRV ANa HAN..N LLC I II I] I: I I: I' I I I I I I I I I I I I I I- 2 I: UJ 0 :E ïñ UJ I: 2[ ffiúj >-0 Oã> C)I¡:: ~~ 20 50:: ()Q. ~~ UJo:: :J() om () z o """'" E-c -< ~ ~ Š ~ O = .:;2 ~ = ~~ ~ ~ ~ = ~~ ~ ~ ~ ~ M Q Q M .... ~ Þ.O = -< ~ - w "E 0 c:: 0 ..... 0 N CD N ..... '<:t CD N (") to· 0 ""'" N ""'" N > ..... ~ Q) I.() 0 "5 0) ~ m 0 c:: cc :I ~ () 0 .. 0 c:: ~ Æ 2 N ..... N N (") N (") ..... ..... 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() Q) >; "'0 to 0 ~ C'I > (ij c ..... ..... c:: I: "C c:: ~ as I: Q) I/) Q) 0 .Q Q) 0) Q) W -I 0 as c 0) c:: E c:: c::: c:: 0 .c c ,.!. 0 as 11> 0:: 0 E 0 :0:1 c: c::: (ij .5 .S:æ ~ .. ~ 1~ ~ ~ e 'õ Q) :c .æ 0 0 .r:. Q) ':; C) Q) ,- I: .9- :I to cu Q) Q) C'I a. I: 0 a. a.. Q. en ~ (!) a. æ 0 w -I en ..... N M ..¢ LÔ cci r--: co 0) ci ..... ..... ..... Agenda Item No. 100 January 11, 2005 Page 196 of 242 ~ 0) ~ O)~ .. ""'" ~ ..... - I.()iñ co Q) "00 - w c::: o () en ..J ~ o I- -. -. ..... I/) Q) .D Q) .c ..... C'I C 'Q) .D '<:t .s:::. ..... .¡ '<:t ... .s-§ ..... to _LL 0"'" . Q).s:::. _ C) to .- ~~ " x ~~ c: c:: to as C:::C:: ~ II f! ~ Q) 0 ~~ .. : I Agenda Item NO.1 00 January 11, 2005 Page 197 of 242 IlL I I I I I I I APPENDIX D Detailed Map of Recommended Route ~ I I I I I I I ... Route Study Report· August 2002.doc August 2002 a"'..L.V ANa HAN811N LLC I I I I I I I I I I "I I I I I I I I ,I II I 'I Agenda Item NO.1 00 January 11, 2005 Page 198 of 242 -- FIGURES - Route Study Report - August 2002.doc August 2002 GtRliliLliV AN!:» HAN..N LLI:: I JI- I I I I I I I ~- I I I I I I I ~ I ..J.---J 18 UJ I G 0> "" <Ö 36 35 31 ( N o en AREA OF APPARENT ADVANTAGEOUS HYDROGEOLOGICAL CONDITIONS .... o - i3 ¡¡: ~ (.) (.) COLLIER COUNTY PUBLIC UTILITIES SOUTH COUNTY REGIONAL W. T.P. WELL FIELD STUDY AUGUST 2002 ~ GREELEV AND HANSEN ....c -~"-- I I I I I I I I I I I I I I I I I I I Agenda Item No. 100 w I J: <.:> -'----"' - .. w , i~'~~~ ) - ~þ \ J ~ J 126 25 _ ~~~ Ii F J lrÌt1 ~ @ IT® I ) ~ T-~ )~ ...- ~ ,J 1Nrt. ll-b5 W ~SìA 7t 2 33 ~-7" 36 /;~ ~ ~ I 1 m 0-__ ~- RADIO ROAD (C.R. 856) 0-__ - t ~ ~ ~6- 1: 4 3 2 D'~ O~ ~ ¡...., r ~ ~R{ 84) - '-" ~ l) X\ ROUT~ \. /.. ~ }- AREA11BOUND A.R1'~ ) 2 7 I--~ ~ 1 9 15 ~ -~ ~ / CD '\ -;/ ~ \ - l- ii) 1 < qt 17 11c: en "L.d V 1 ~ 15 ci 18 îO~ :J . .64) u F s. (.J =r::; (,,- = I AI E AM ~K R:~D) ~ ! """ :;J ~ I ...... 24 -"'" 2 3 ---- 1 ~ >-1 r y 1 r\~ / ~ b i-J -LJ \ , ~ ~l "V - ~ \~ ~o ~ x/x ~ ., /'v ~ '1: .,,~ ì 8 ìV-'- 30 ~ \cy .~ JI.' /' '/ 1¿ ~; I-- ~~, V35 / 1 34 36 I 31 ( .... ~ û) '" o ~ ROUTE STUDY AREA ... o ~ (; G: ~ u u ~ GREELEY AND HANSEN L.L.C COLLIER COUNTY PUBLIC UTILITIES SOUTH COUNTY REGIONAL W. T.P. WELL FIELD STUDY AUGUST 2002 ~, ~..~____..._m~.__" ,. Agenda Item No. 100 January 11, 2005 Page 201 of 242 .-....... .....-- _~.._...__m_.._.___....n..·._ Agenda Item No. 100 January 11, 2005 Page 202 of 242 Agenda Item No. 100 January 11, 2005 Page 203 of 242 ~-'-'-"~-;....;..._.._._--------_._- "-----..-...- Agenda Item No. .~OD January 11, 2 05 Page 204 of ¡ 42 SHEEr 4 IF 4 ~ . ........ --......---- Agenda Item No.1 OD January 11, 2005 f 242 1 I I I I I I 1 I II I 111 I III I III I II I I II r ~I ~ SOUTH COUNTY __¡.......---- REGIONAL WATER = c- TREATMENT PLANT ¡u.u:.L- t = VPROPOSED WELL L- COLLECTION MAIN ~r~ --1 I~>< I -;:." 75 <.1.4.i.1L y \:=II ...11 II I ____ -<-- -!!:l'TE lAKE BLVD c-JI II II II ____ i ~ . I II II I 1\11 I::b- --' BECK BLVD. SCALE: 1 "-1600' --d ~ ~ ¡¡¡=I= z::::~ ~::::~ o~f-- ¡:;¡ tD PROPOSED TEST ~ WELL ANO PRODUCTlC N VI WELl SITE (TYP) ~ ~ J~: ~ I R"~~~~ ~'~ ~U ?r ~ g - - » ~ f"Tl :;0 Z ~ <: f"Tl ~ I-- - I--- - u Ie ~ ., -u ~ ï o o :;0 ~ CJ o ;0 - ~ ~ r c:::J --- Q () ª 10 OD ;0 ~ ¡g c.: ~lJ¡ ~ r ~ -- L--- PRO OSED P~ UCTlON WEL SITE (TYP I - -- >-- ('--l ~ /~ ~ ~ != ~ 'ImAD o I [l I :!! ø c: ;0 '" (,0 SOUTH COUNTY REGIONAL WATER TREATMENT PLANT WELL SITE AND WELL COLLECTION MAIN ROUTE STUDY AUGUST 2002 GR..L.V AND HAN..N ...... I , I 1______ w.D.L- 1IIIIIIIIIIIIIIIIIIIIIlllr ~I ____ SOUTH COUNlY ___V- REGIONAL WATER = ' TREATMENT PlANT L-- --d ~ ~ b! J Ô II I - ~~ ~J » ~ fT1 :;u Z ~ <: fT1 N r fT1 CD C "'T "'T (/) :;0 o » o "- "'T "1J R> r () o :;0 :;0 o o :;0 t::1 """"1: n ¡., to ~ rg ~~ , ~ i n ~ / PROPOSED WELL / COLLECTION MAIN L .J "- Jh Agenda Item No.1 00 January 11, 2005 f242 I I I I J t SCALE: '·~'600· r-- INrt, ~ ___ RSr-'lrE" J «. > : --.!s ~Z l....It'IilTE lAKe: BLVD I :: II~ --r-::=./ . ~ BECK BLVD. r- '" PROPOSEO TEST WELL SITE - ~ III C :;¡ IJ III f- ¡=: ~=I- :!!=f= 5:=f= ~I; Ð f~ N U ~ ~ t--- ;0 ~ I--- ;0 g o - ¡--- - - ~ c::::J ~ PROPOSED WELL SITE (T In> I-- f- ] '--- ;0\ ~ PROPOSED TEST WELL AND PRODUCTION WELL SITE (lYP) =::: o .1 LESNAKE ~AMI.40CK· . "v",", GR..L.V ANa HAN..N u.o þ: 1 1 ( ! 1 - -'- - I ~ SOUTH COUNlY REGIONAl WATER TREATMENT PLANT WELL SITE AND WELL COLLECTION MAIN ROUTE STUDY AUGUST 2002 ..., ë5 c ;0 ,., ... - LJ.1.ßJ--.-1 = ~ ~ J » !:j I"T1 ::;0 Z ~ < I"T1 VJ ~ ~~ ~ ....--: ~I~I~ rl= ] ~~» --J[ 11 ----!s ~~ lAKE BLVD. ~ I 1____ '1 I I I II II 1::1:=- r¡~ BECK BLVD. ¡;; ~ PROPOSED TEST WELL AND PRODUC~IC 3J WELL SITE (TYP) ;:u E ~~ - V ~ :0--... Ð~ II I I II I \ \I I \ I \ I I I I I II I I I I r ~ ____ SOUTH COUN1Y _ _ _____ REGIONAL WATER __, TREA'NENT PLANT = / ¡ROPOSED WELL _ / COLLECTION MAIN I I I I CD I"T1 (') ^ {D < o ""'- (') ::;0 to (JI ~ ~ ~L. ,. I ~J - u :;¡ R' .- f-- c::::J n 10 <D ~ ~ ~ - ;:u PRO OSED PRO UCTION WEL SITE (TYP Þ 1 :/) =: I ~ ~ o (---- j ~NAKE II ~OCK'-' KU"U .".....v AND MAN..N ...... - I--- - I ~t:: f-- z\=¡::: :!!_f-- 6=~ I--- -- - - I I - ;:u ~ _L- Agenda Item No. tOO January 11, 2 05 f 42 , t SCALE: 1"=1600' 1 I µ- SOUTH COUNTY REGIONAL WATER TREATMENT PlANT WELL SITE AND WELL COLlECTION t.4AIN ROl1TE STUDY AUGUST 2002 :!! Ç) c: ;:u IT! '" -".....-...--.--. I I I I I I I I I I I I I I I I I I I Agenda Item No. 100 January 11, 2005 Page 208 of 242 COLLIER COUNTY GOVERNMENT Wellfield Design and Permitting for South County Regional Water Treatment Plant Reverse Osmosis Expansion to 20MGD Well Site Investigation Technical Memorandum GRliliLEY AND HANSIiN LLO November 2003 Wen Site Justification Study - November 2003.doc ClRlõliLIiY ANa HANliliN .... I ..... I I I I I I I ~ I I I I I I I -- I Agenda Item NO.1 00 January 11, 2005 Page 209 of 242 COLLIER COUN1Y GOVERNMENT Wellfield Design and Permitting for South County Regional Water Treatment Plant Reverse Osmosis Expansion to 20MGD Well Site Investigation Technical Memorandum GlRIIELIIY AND HANSIIN LLC November 2003 TABLE OF CON1ENTS Section Title Page . 1. INTRODUCTION .....................................................................................................................................1 1.1 Background and Purpose .............................................................................................................1 1.2 Scope of Investigations............. ........... ............................................................................ ......... ....1 1.3 Well Site Selection Methodology.....................................................·..·....·....·..............................1 2. Justification for Well Site Selection........................................................·..·...··....··....................................2 2.1 Introduction..... ............................................... ...... ...................... ............. .......... ...... ............. ..........2 2.2 Well Site Area ....... .............. .......... ................. ............. ............. ......... ....................... ...... ........ ......... 2 2.3 Site Selection Criteria ....... ...... ............... .................... ............................................. ..... .................. 2 2.3.1 Cost ....................... ................................................ .................... ......... ...................... ....... .................3 2.3.2 Environmental Impact/Wetlands Mitigation..... ....................................... ...... .......................... 3 2.3.3 Safety.......... ........ .......................................... ................... ...... .......... ....................... ...... ...... .............3 2.3.4 Permitting ........ .................................... ................................................. ................. ......................... 3 2.3.5 Long Range Planning ................. ....... ............ ....... ............... ............................. ..................... ........ 3 2.3.6 Operation and Maintenance Accessibility .................................................................................3 3. Alternative Well Site Locations..... ................... .......... ..... .............. ...... ....................... ................................ 3 3.1 General............... .... ................ ......................... ................... ....... ................ .......... ............................ 3 3.2 Decision Matrix Fonn .................................................................................................................. 7 3.3 R.aring the Well Sites Against Criteria........................................·..·.........·....·.............................. 7 4. RECOl\.1]y[ENDED WElL SI1'ES.............. ............ ...................... ..................... ......... ....................... ..... 7 APPENDICES A. Well Site R.ankings (Site Selection Matrix Results) B. Maps of Alternative Well Sites We1l Site Justification Study - November 2003.doc GR..LIIV AND HAN..N ~LC "-"'œ'''''...~·."..<~_,,·_,_+·,_·_'''___·___,~__-'','·" -,. c---- II I I I I I I I I I I I I I I I I I I I Agenda Item No.1 00 January 11, 2005 Page 210 of 242 COLLffiRCOUNTYGOVERNMENT Wellfield Design and Permitting for South County Regional Water Treatment Plant Reverse Osmosis Expansion to 20MGD Well Site Investigation Technical Memorandum GREBLBY AND HANSI!N LL.C November 2003 1 INTRODUCTION 1.1 Bac1l;gtound and Purpose The purpose of this memorandum is to identify possible locations for proposed well sites required for the South County Regional Water Treatment Plant (SCRWI'P) Well Field Expansion project, to document the methods used to select these sites, and to provide final recommendations for the locations of the well sites. These wells will be utilized to provide raw water for the SCRWfP reverse osmosis expansion to 20 million gallons per day (MGD). The raw water requirements for the plant 'expansion include 16 MGD for treatment to provide an additional 12 MGD of finished water plus an additional 20 percent to meet the County's reliability requirements. Each well will be designed to provide 700 gallons per minute (1 MGD) of water. Therefore, the minimum required number of wells for the 12 MGD SCRWfP expansion is 20 wells. Twenty-three well sites have been investigated in this study. ..... 1.2 Scope of Investigations Greeley and Hansen LLC is the consultant charged with the completion of the well site investigation. Water Resource Solutions (WRS) is advising on the apparent suitability of the well sites from a water production and water use permitting purview. The investigations presented herein comprise the following principle elements: · Acquire and develop basic information needed for the well site selection process; · Develop alternative well locations; · Evaluate and compare the alternatives; · Develop recommended well locations based on the results of these investigations. 1.3 Well Site Selection Methodology The methodology employed to identify the recommended locations for the well sites consists of the following major elements: · Focus on areas that are hyclrogeologically and environmentally advantageous; · Identify 23 potential well sites and alternatives for each one; · Select engineering, regulatory, long range planning, safety and other non-cost criteria against which all potential well sites are evaluated and compared; WelJ Site Justification Study - November 2003.doc CilR..LIIY AND HAN..N LLC I. Agenda Item No. 100 January 11, 2005 Page 211 of 242 ".-. I I I I · Evaluate the permitability and constructability of the alternative locations in the field; · Weigh the sdected criteria for this project; · Devdop and compare cost estimates for the sites; and · Identify the recommended well sites, considering all of the above. The recommended locations for the well sites will be determined by taking all of the selection criteria into account and may not necessarily be the least expensive in situations where environmental protection, safety or other considerations override cost. 2 JUSTIFICATION FOR WELL SITE SELECTION 2.1 Introduction I I I Greeley and Hansen LLC identified 23 potential well locations with alternatives. All of the potential locations were evaluated based on six criteria: Cost, Environmental Impacts/Wetlands Mitigation, Safety, Permitting, Long Range Planning and Operation and Maintenance Accessibility. Following the evaluations, all of the potential locations and their alternatives were compared against one another using a site selection matrix form (Appendix A), which will be discussed in detail later in this memorandum. 2.2 Well Site Area ,..... Each well site will require a minimum 4O-foot by 50-foot permanent easement and will be surrounded by a chain-link fence. Equipment for each well site consists of a well pump, standpipe, dectrical pand, and necessary fittings connecting the well to the transmission main. Five of the twenty-three well sites are required to have back-up generators in the event of a power failure, and will need a 4O-foot by 60-foot easement. I I I I I I I Based on studies by WRS, the well sites should be located at least one-thousand feet apart. The ideal well site location would be as close to the transmission main as possible, in a location that is easily accessible, and in a location that is safe. The ideal location would also be in an up-land area, unoccupied by native species, and partially cleared to minimize environmental impact associated with devdoping the site. Finally, an ideal well site would be compatible with planned future development. Florida Power and Light (FP&L) has conceptually approved the buried transmission main to be located within their easement, however due to the proposed above ground appurtenances and use of the well sites and their possible proximity «100 feet) to existing and proposed FP&L utilities, well sites were not able to be located within the FP&L easement. It is also recommended by the South F10rida Management Water District (SFWMD) not to locate well sites in areas designated as Environmental Conservation Easements (CBs). 2.3 Site Selection Criteria The 23 potential well sites and their alternatives were evaluated using evaluation criteria and a decision matrix. These criteria can be described as the most relevant issues with regard to justifying the chosen locations of the well sites. Similar criteria were used in the route selection for the transmission main. The site selection criteria are briefly described as follows: -- Wen Site Justification Study - November 2003.doc I CJR..L..V AND HAN..N ....c I I I I I Agenda Item No. 100 January 11, 2005 Page 212 of 242 '"' 2.3.1 Cost Cost/benefit analysis of the proposed site location is an important criteria. Estimates of costs associated with land acquisition for the well sites, development of the sites, construction of supply lines between the wells and the transmission main, and construction access to the sites were considered. For example, well sites located further from the transmission main typically have higher associated construction costs, and will also require additional pumping costs to maintain system hydraulics. 2.3.2 Environmental Impact/Wetlands Mitigation I Properties with wetlands and native vegetation species may require additional pennitting efforts and additional site development for mitigation. Not only does this contribute to the destruction of native wildlife habitat and natural wetlands, but these factors also contribute to increased costs. I I 2.3.3 Safet,y Public and worker safety are always a primary consideration in any project regardless of the site location. I I I I I I I I I I I 2.3.4 Permitting Pennitting requirements for each well site may increase cost and dela.y construction due to agency review time and comment periods, public notification, and public hearings. """ 2.3.5 Long Range Planning Long range planning and development is a significant consideration for selecting well sites. Properties where planned future development is unlikely or impractical are preferred to ensure the well sites will remain isolated and undisturbed. 2.3.6 Operation and Maintenance Accessibilit,y The well sites require monthly inspection and periodic maintenance to ensure proper operation. TIús is especially important for those well sites equipped with emergency generators. 3 ALTERNATIVE WELL SITE LOCATIONS 3.1 General As previously mentioned, 23 potential well sites and their alternatives were identified and evaluated based on field observations and review of collected data. The following list identifies all of the proposed well site locations, which are located on the Well Site Location Maps in Appendix B: Well Site Number 1: · Located approximately 350 feet East of the eastern boundary of the FPL Easement and 175 feet South of Beck Boulevard within the SFWMD right-of-way. No alternative sites Well Site Justification Study - November 2003.doc mR..L.V AND HAN..N cu: I Agenda Item No. 100 January 11, 2005 Page 213 of 242 ,..... I, \ for this well are required since this is an existing well in the SFWMD right-of-way. (Figure 1) I I I I I I I Well Site Number 2: · Located approximately 925 feet West of the western boundary of the FPL Easement and 200 feet South of Beck Boulevard within the SFWMD right-of-way. Noaltemative sites were developed for well site number 2 since this well site is '-Vithin the SFWMD right-of-way and will not require an easement. (Figure 1) Well Site Number 3: · Alternative 1: Located approximately 1,050 feet West of the western boundary of the FPL Easement and 125 feet East of County Road 951 within the SFWMD right-of-way. (Figure 2) · Alternative 2: Located approximately 950 feet West of the western boundary of the FPL Easement within the Northwest come! of Folio Number 00410680007. (Figure 2) · Alternative 3: Located on eastern boundary of the FPL Easement approximately 325 feet South of Forest Glen Boulevard within Folio Number 32720000387. (Figure 2) Well Site Number 4: · Alternative 1: Located on eastern boundary of the FPL Easement approximately 195 feet South of Northwest comer of Folio Number 00410840009. (Figure 2) · Alternative 2: Located on western boundary of the FPL Easement along North edge of Folio Number 00410680007. (Figure 2) ...- I I I I I I I Well Site Number 5: · Alternative 1: Located on western boundary of the FPL Easement along South edge of Folio Number 00410680007. (Figure 2) · Alternative 2: Located on eastern boundary of the FPL Easement approximately 100 feet South of Northwest comer of Folio Number 00410640005. (Figure 2) Well Site Number 6: · Alternative 1: Located approximately 75 feet East of the eastern boundary of the FPL Easement along the South Edge of Folio Number 00411640005. (Figure 3) · Alternative 2: Located approximately 75 feet East of the eastern boundary of the FPL Easement along North Edge of Folio Number 00411800006. (Figure 3) · Alternative 3: Located on western boundary of the FPL Easement along North edge of Folio Number 00410760008. (Figure 3) Well Site Number 7: · Alternative 1: Located approximately 1,250 feet East of the eastern boundary of the FPL Easement along the North Edge of Folio Number 00411800006. (Figure 3) · Alternative 2: Located approximately 1,200 feet East of the eastern boundary of the FPL Easement along the South Edge of Folio Number 00411640005. (Figure 3) Well Site Number 8: · Alternative 1: Located approximately 2,500 feet East of the eastern boundary of the FPL Easement along the North Edge of Folio Number 00411800006. (Figure 3) IlL Well Site Justification Study - November 2003.doc I \:IR..L.Y AND HAN..N ~~c I I I I I I I I I I I I I I I I I I I Agenda Item NO.1 00 January 11, 2005 Page 214 of 242 · Alternative 2: Located approximately 2,500 feet East of the eastern boundary of the FPL Easement along the South Edge of Folio Number 00411640005. (Figure 3) " Well Site Number 9: · Alternative 1: Located approximately 925 feet West of the western boundary of the FPL Easement along the Northwest comer of Folio Number 00411520001. (Figure 3) · Alternative 2: Located approximately 925 feet West of the western boundary of the FPL Easement along the Southwest corner of Folio Number 00411800006. (Figure 3) Well Site Number 10: · Alternative 1: Located on western boundary of the FPL Easement along North edge of Folio Number 00411000000. (Figure 3) · Alternative 2: Located on western boundary of the FPL Easement along South edge of Folio Number 00411520001. (Figure 3) Well Site Number 11: · Alternative 1: Located approximately 120 feet East of the eastern boundary of the FPL Easement along the North Edge of Folio Number 00417200008. (Figure 3) · Alternative 2: Located approximately 120 feet East of the eastern boundary of the FPL Easement along the South Edge of Folio Number 00411800006. (Figure 3) Well Site Number 12: · Alternative 1: Located approximately 1,100 feet East of the eastern boundary of the FPL Easement along the North Edge of Folio Number 00417200008. (Figure 3) · Alternative 2: Located approximately 1,100 feet East of the eastern boundary of the FPL Easement along the South Edge of Folio Number 00411800006. (Figure 3) · Alternative 3: Located approximately 1,290 feet East of the eastern boundary of the FPL Easement along the North Edge of Folio Number 00417320001. (Figure 3) " Well Site Number 13: · Alternative 1: Located approximately 2,500 feet East of the eastern boundary of the FPL Easement along the North Edge of Folio Number 00417040006. (Figure 3) · Alternative 2: Located approximately 2,450 feet East of the eastern boundary of the FPL Easement along the North Edge of Folio Number 00417680000. (Figure 3) Well Site Number 14: · Alternative 1: Located on western boundary of the FPL Easement along South edge of Folio Number 00418400302. (Figure 3) · Alternative 2: Located on eastern boundary of the FPL Easement along South edge of Folio Number 00417200008. (Figure 3) Well Site Number 15: · Alternative 1: Located approximately 2,490 feet East of the eastern boundary of the FPL Easement along the North Edge of Folio Number 00417600006. (Figure 3) · Alternative 2: Located approximately 2,450 feet East of the eastern boundary of the FPL Easement along the South Edge of Folio Number 00417480006. (Figure 3) · Alternative 3: Located approximately 2,490 feet East of the eastern boundary of the FPL Easement along the South Edge of Folio Number 00417040006. (Figure 3) Well Site Justification Study - November 2003.doc -... GR..LIIY AND HAN88N LLC \1 Agenda Item No. 100 January 11, 2005 Page 215 of 242 r- I I I I I I I Well Site Number 16: · Alternative 1: Located on western boundary of the FPL Easement approximatdy 60 feei: South of the North edge of Folio Number 00418280001. (Figure 4) · Alternative 2: Located approximatdy 100 feet East of the eastern boundary of the FPL Easement along the North Edge of Folio Number 00418400001. (Figure 4) Well Site Number 17: · Alternative 1: Located approximatdy 1,200 feet East of the eastern boundary of the FPL Easement along the North Edge of Folio Number 00416960006. (Figure 4) · Alternative 2: Located approximatdy 1,200 feet East of the eastern boundary of the FPL Easement along the South Edge of Folio Number 00416920004. (Figure 4) Well Site Number 18: · Alternative 1: Located on western boundary of the FPL Easement along North edge of Folio Number 00417720009. (Figure 4) · Alternative 2: Located on western boundary of the FPL Easement along South edge of Folio Number 00416800001. (Figure 4) ,.... Well Site Number 19: · Alternatíve 1: Located approximatdy 940 feet West of the western boundary of the FPL Easement along the Southwest corner of Folio Number 00417720009. (Figure 4) · Alternative 2: Located approximatdy 940 feet West of the western boundary of the FPL Easement along the Northwest corner of Folio Number 00417400002. (Figure 4) I I I I I I I Well Site Number 20: · Alternative 1: Located approximatdy 2,390 feet East of the eastern boundary of the FPL Easement along the North Edge of Folio Number 00434080007. (Figure 4) · Alternative 2: Located approxirnatdy 940 feet West of the western boundary of the FPL Easement along the Northwest corner of Folio Number 00433360003. (Figure 4) Well Site Number 21: · Alternative 1: Located on western boundary of the FPL Easement along North edge of Folio Number 00433360003. (Figure 4) · Alternative 2: Located on eastern boundary of the FPL Easement along North edge of Folio Number 00434160008. (Figure 4) Well Site Number 22: · Alternative 1: Located approximatdy 1,200 feet East of the eastern boundary of the FPL Easement along the North Edge of Folio Number 00434120006. (Figure 4) · Alternative 2: Located approxirnatdy 1,100 feet East of the eastern boundary of the FPL Easement along the North Edge of Folio Number 00434160008. (Figure 4) -- Well Site Number 23: · Alternative 1: Located approximatdy 1,200 feet East of the eastern boundary of the FPL Easement along the South Edge of Folio Number 00416960006. (Figure 4) · Alternative 2: Located approximatdy 1,050 feet West of the western boundary of the FPL Easement along C.R. 951 within the SFWMD right-of-way. (Figure 4) Wel1 Site Justification Study - November 2003.doc I CII"'..L..V AND HAN..N "LC -----p-- I I I I !I I I I I I I I I I I I I I I Agenda Item No. 100 January 11, 2005 Page 216 of 242 -- · Alternative 3: Located approximately 1,200 feet East of the eastern boundary of the FPL Easement along the North Edge of Folio Number 00417000004. (Figure 4) The above alternatives for each well site were compared to one another in order to determine which site would be best suited for the project according to the site selection criteria described in Section 2.3. 3.2 Decision Matrix Form The decision matrix form is a comparative method, which provides a systematic approach to identifying the most appropriate location of the proposed sites discussed in Section 2. This was accomplished by combining known information about the proposed well sites and ranking the sites based on the site selection criteria and the site's relative importance to the overall success of the project. The results of the site selection criteria weighrings are shown in the evaluation matrix (Appendix A). 3.3 Rating the Well Sites Again!!t Criteria All 23 potentia.l well sites and their alternatives were compared. Each well site was rated against all six site selection criteria on a scale of 1 (poor) to 4 (excellent). The resulting products (criteria weight X rating) were summed to obtain a total score for each potential well site. The potential well site with the highest total score represents the recommended well site based on the identified criteria. -". 4 RECOMMENDED WELL SITES The following well sites are recommended for the SCRWTP Wellfield expansion based on the six evaluation criteria as outlined and described in Section 2.3. Examples of the selection criteria weighting matrix and the well site rank evaluation are located in Appendix A. Well Site Alternative Folio Number Rank/ Out Of Number 1 SFWMD RO.W. 00415840004 N/A 2 SFWMD RO.W. 00415840004 N/A 3 3 32720000222 67/80 4 1 00410840009 62/80 5 2 00410640005 57/80 6 2 00411800006 68/80 7 1 00411800006 58/80 8 1 00411800006 58/80 9 2 00411800006 63/80 10 1 00411520001 56/80 11 2 00411800006 71/80 12 2 00411800006 63/80 13 1 00417040006 63/80 14 2 00418400302 62/80 15 3 00417040006 65/80 WelJ Site Justification Study - November 2003.doc GA..l..V AND HAN..N ~~e I ,-- I ;1 I I I I I I ,,-- I I I I I I I JI- I Agenda Item No.1 00 January 11, 2005 Page 217 of 242 Well Site Altemative Folio Number Rank/ Out Of Number 16 2 00418400001 53/80 17 1 00416960006 61/80 18 2 00416800001 58/80 19 1 00417720009 56/80 20 2 00433360003 61/80 21 1 00433360003 58/80 22 2 00434160008 53/80 23 2(SFWMD 00415840004 71/80 R.O.W.) Tbe folio numbers in the table above and their corresponding descriptions from Section 3.1 represent the recommended well sites for the SCWRTP Reverse Osmosis Wellfield Expansion to 20 MGD. Wen Site Justification Study - November 2003.doc m........v ANJ:I HAN..N u... I. II i II I I I I I I I I I I I I I I I I Agenda Item No.1 00 January 11, 2005 Page 218 of 242 "" APPENDIX A """ Well Site Rankings (Site Selection Matrix Results) Wen Site Justification Study - November 2003.doc --- EaRIi.LIIY AND HANSIIN .LC I r- I I I 'I I I I it it it ('I')(\ W ~(\ a:: LO LO co 0) CX)~ G)(\ 0 .... .... .... >0 (,) .-0 CJ) .....0 mo EN a>r-- :::N it «('I') ~ z C") ('I') ~ ('I') ~ ~ ~ it it it ~~ W a:: 0 LO (\ co co ('I') G)o 0 .... .... .... >0 (,) .- CX) CJ) .....co mo E.... it .s~ ~ «8 ~ (\ (I') ('I') N ('I') M it it it ....~ W c::: LO 0 CX) (\ co ~ ~o .... 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Agenda Item No. 100 January 11, 2005 Page 242 of 242 t I I I I I I · !a C¡ ---..-- ~ Agenda Item No.1 OE January 11, 2005 Page 1 of 16 EXECUTIVE SUMMARY Recommendation to approve a Developer Contribution Agreement between Waterways Joint Venture IV, a Florida general partnership hereinafter collectively referred to as "Developer," and the County. Tbe right-of-way donated and the funds received will be for the future construction of a portion of Tree Farm Road as a minor collector added as a supplemental to the Collier Boulevard (CR-951) improvement project #65061. OBJECTIVE: To obtain Board approval of a Developer Contribution Agreement (the "Agreement") between Waterways Joint Venture IV, a Florida general partnership (collectively referred to as the "Developer"), and the County. The overall purpose of the Agreement is to allow the Developer to donate land to the County for use as right-of-way for the future Tree Farm Road and contribute funds for the construction of the bridge expansion, utilities, sidewalks, turn lanes and fair share of road construction cost, in exchange for being granted access to this future roadway and a full median opening at the intersection of Collier Boulevard and Tree Farm Road being a possible future signalized intersection. ,- CONSIDERATION: The Agreement requires the Developer to: (1) donate a 30' strip of land approximately 2,645' long east of the easterly right-of way of Collier Boulevard and adjacent to and southerly of the 40' existing County right-of-way recently acquired from Warm Springs PUD to the County, free of charge, and with no impact fee credits;(2) pay the County the amount of $500,000 for the fair share of construction cost associated with a local road cross section and utilities (12" water main & 10" force main) for the length of approximately 2,645'; (3) pay the County the amount of $56,000 for the construction of sidewalks on the southerly side of Tree Farm Road; (4) pay the County the amount of $78,125 for their one half of the bridge expansion cost including sidewalks from Collier Boulevard onto Tree Farm Road; (5) pay the County the amount of $87,500 for the full price of construction of three turn lanes on Tree Farm Road and one-half of the cost of the northbound right turn lane on Collier Boulevard leading into Tree Farm Road; and (6) pay the County the amount of $12,750 for their equal share of the cost associated with applying 20' wide temporary asphalt on a section of Tree Farm Road which will be graded by the developer for the distance of approximately 1,500' from the Collier Boulevard right-of-way. . In exchange for this, the County has agreed to add the following as part of the Collier Boulevard CIP #65061: (1) the County shall design and construct the access from Collier Boulevard to Tree Farm Road as a full median opening with appropriate turn lanes; (2) design and construct the expanded bridge section with sidewalks over the canal onto Tree Farm Road; (3) design and construct 2,645' of a minor collector road cross section being east of the Collier Boulevard right-of-way and being known as Tree Farm Road; (4) design and construct 2,645' of utilities (12" water main & 10" force main) being east of the Collier Boulevard right-of-way and being known as Tree Farm Road; (5) provide the three turn lanes on Tree Farm Road as described in the above paragraph; and (6) provide ~ Agenda Item No. 10E January 11, 2005 Page 2 of 16 temporary access to the abutting developments to the north and south until such time the construction is complete. FISCAL IMPACT: The County would be required to provide the additional funds to upgrade Tree Farm Road to a minor collector cross section. The estimated cost will be approximately $250,OOO.The impact fees generated by the developers to the north and south of the proposed Tree Farm Road upgrade will cover the additional expense. GROWTH MANAGEMENT: This project is consistent with the Long Range Transportation Plan and the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves this Development Contribution Agreement, and authorizes the Chairman to execute the Agreement on behalf of the County and approve any necessary budget amendments. Nick Casalanguida Project Manager Transportation Planning Department ~,.-- ".._. Agenda Item No.1 OE January 11. 2005 Page 3 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 10E Meeting Data Recommendation to approve a Developer Contnbution J..greement bet-Neen WatelVlays JOint Venture IV, a Florida general partnership hereinafter collective!y referred to as "Developer, amJ the County. The right-of~way donated and the funds received will be for the future construction of a portion 01 Tree Farm Road as a minor collector added as a supp1ernental to the Collier Boulevard I:CR~951) Improvement project #65061 (Norman Feder, Adrrllmstrator, Transportation Services) 1/11/2005900:00 AM Approved By Norm E. Feder, AICP Transþort:Jtìon Division Administrator Date Tran\5.portion Services TransPQrtation Services AdmIn. 12/29/200410:18 AM Approved By Pat Lehnhard Executive Secretary Dat. Transportation Services Transportation Services. Admin 12/29/200410:58 AM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportðtìon Admìnïstratíon 12/30/20042:01 PM Approved By Michael Smykowski Munagement & Budget Director Date County Manager's Office Office of Management & Budget 12/31/20043:39 PM Approved By James V. Mudd County Manager Date Board of County Commiss.ioners County Manager's Office 1/512005 1:57 PM Agenda Item NO.1 OE January 11, 2005 Page 4 of 16 DEVELOPER CONTRIBUTION AGREEMENT BRISTOL PINES TIllS AGREEMENT ("Agreement") is made and entered into this _ day of , 2005, by and between Waterways Joint Venture IV, a Florida general partnership hereinafter collectively referred to as "Developer," whose address is 15122 Summit Place Circle, Naples, Florida, and The Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, hereinafter referred to as "County." R E C I TAL S: WHEREAS, Developer has legal control over or is the owner of approximately 22.77 acres of property in unincorporated Collier CO\D1ty, Florida, which is the site of a Planned Unit Development ("PUD") known as Bristol Pines RPUD (hereinafter referred to as the "Development"), which present PUD Document was approved by the County on February 24, 2004, by Ordinance No. 2004-10; and WHEREAS, the parties have agreed to certain terms and conditions set forth below; and WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board finds that the terms and conditions set forth below are in confonnity with contemplated improvements and additions to the County's transportation network, and are consistent with both the public interest and with the CO\D1ty's comprehensive plan, and other regulations pertaining to development. WIT N E SSE T H: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. The Development Commitments with respect to Transportation, set forth in Section 6.5 of the Bristol Pines RPUD, as part of Ordinance No. 04-10 ("PUD Document"), are hereby deemed incOIporated in full herein, as if expressly set forth herein, and are expressly made a part of this Agreement. In the event of any inconsistency between this Agreement and the PUD Document, the PUD Document will control. 3. Developer will pay to County half of the estimated costs for the design and construction of a local road cross section including utilities (limited to water and sewer) for Tree Farm Road, which project is generally described in Exhibit "A" to this Agreement ("Project"). The Developer's share of the estimated cost of construction and design of the Project is $500,000.00. Developer will pay County this estimated cost within 90 days following the date this Agreement was approved by the Board of County Commissioners (hereinafter referred to as the "Effective Date"). Page I of5 Agenda Item No.1 OE January 11, 2005 Page 5 of 16 4. Within 150 days following the Effective Date, Developer will pay County the sum of $56,000.00 in lieu of construction of the required sidewalks along Tree Fann Road. 5. Developer will pay to County half of the actual costs incurred for the design and construction of the bridge upgrade over the canal from Collier Boulevard onto Tree Farm Road, which project is generally described in Exhibit "B" to this Agreement ("Bridge Improvements"). Developer's share of the estimated cost for the Bridge Improvements is $78,125.00. Developer will pay County the estimated cost of the Bridge Improvements within 150 days from the Effective Date. Following completion of the Bridge Improvements, within a reasonable time following written demand from one party to the other, Developer shall pay County, or be reimbursed by County, an amount equal to the difference between the actual cost of design and construction of the Bridge Improvements and the estimated cost of design and construction of the Bridge Improvements. 6. Developer will pay to County half of the actual costs incurred for the design and construction of the northbound right turn lane on Collier Boulevard leading onto Tree Fann Road, which project is generally described in Exhibit "c" to this Agreement ("North Bound Turn Lane"). Developer's share of the estimated cost for this North Bound Turn Lane is $12,500.00. Developer will pay County the estimated cost of the North Bound Turn Lane within 150 days from the Effective Date. Following completion of this work, within a reasonable time following written demand from one party to the other, Developer shall pay County, or be reimbursed by County, an amount equal to the difference between the actual cost of the design and construction of the North Bound Turn Lane and the estimated cost of design and construction of the North Bound Turn Lane. The County will provide the southbound left turn lane on Collier Boulevard leading onto Tree Farm Road at no cost to Developer. The County will also provide for the design and construction of a traffic signal at the intersection of Collier Boulevard and Tree Farm Road. Developer will pay for its fair share cost of all actual costs incurred with respect to the traffic signal when installed. 7. Developer will pay to County all actual costs incurred for the design and construction of an eastbound right and the westbound left turn lanes on Tree Fann Road leading into the Development, which project is generally described in Exhibit "D" to this Agreement ("Tree Farm Road Turn Lanes"). The estimated cost for the Tree Fann Road Turn Lanes is $50,000.00. Developer will pay County this estimated cost of the Tree Farm Road Turn Lanes within 150 days from the Effective Date. Following completion of the Tree Farm Road Turn Lanes, within a reasonable time following written demand from one party to the other, Developer shall pay County, or be reimbursed by County, an amount equal to the difference between the actual cost of the design and construction of the Tree Farm Road Turn Lanes and the estimated cost of the Tree Fann Road Turn Lanes. 8. Developer will pay to County all actual costs incurred for the design and construction of an eastbound right turn lane on Tree Farm Road leading approximately into the right of way known as Davila Street, which project is generally described in Exhibit "E" to this Agreement ("Davila Turn Lane"). The estimated cost for the Davila Turn Lane is $25,000.00. Developer will pay County this estimated cost within 150 days from the Effective Date. Following completion of the Davila Turn Lane, within a reasonable time following written Page 2 of5 _..._.._---~ .~.~_,_~_.·~·"._.."OM.._.'· ~..,'~__,__-'''---.-. Agenda Item No. 10E January 11, 2005 Page 6 of 16 demand from one party to the other, Developer shall pay County, or be reimbursed by County, an amount equal to the difference between the actual cost of design and construction of the Davila Turn Lane and the estimated cost of design and construction of Davila Turn Lane. 9. Developer will provide at no cost or impact fee credit a rough graded cross section approximately 20' wide and 1,500' long commencing from the existing right-of-way of Collier Boulevard east along Tree Farm Road in accordance with Exhibit "F". Developer will also pay to County the sum of $12,750.00, which the parties agree is Developer's fair share for the temporary asphalt to be provided by County, until such time as Tree Farm Road becomes a minor collector. The Development shall have ingress and egress onto the temporary section of Tree Farm Road. Developer will pay County this sum certain within 10 business days prior to the date the actual pavement is scheduled to be applied. County shall complete construction of the temporary road by June 1, 2005. In the event the County is delayed in completing the Temporary Road, County shall not withhold Certificates of Occupancy for any units completed by the Developer after June 1,2005. It is understood and agreed that County intends Tree Farm Road to be constructed as a minor collector road, and that the County shall maintain access to the Developer's project at all times dm'Ïng County construction ofthe minor collector road at no cost to Developer. 10. Developer shall conveyor cause to be conveyed in fee simple to County, free of charge and with no impact fee credit, a strip of land described in Exhibit "G" within thirty (30) days of the Effective Date. This conveyance is to be free and clear of all liens and encumbrances, and made by statutory warranty deed, the form of which is attached hereto in Exhibit "H". The County will be responsible for paying the costs of any title work and searches, and Developer shall be responsible at all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work. Upon receipt, the County shall record the deed in the Public Records of the County and shall assume the costs associated with the recordation. 11. Within 10 days following the Effective Date, the Developer shall pre-pay to the County one-half (1/2) of the County estimated Road Impact Fees for the Developer's Project totaling 156 townhouse units. Upon payment of these fees, Developer shall receive a limited Certificate of Adequate Public Facilities vesting the Developer's Project to construct 156 townhouse units solely for the purposes of meeting the County's Transportation Concurrency requirements. Final calculation of the remaining road and other impact fees due will be based on the impact fee schedule in effect at the time of the issuance of building permits' for the 156 townhouse units. 12. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement, including any Homeowner Association(s). Except as otherwise provided herein, this Agreement shall only be amended or cancelled by mutual written consent of the parties hereto or by their successors in interest. 13. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or their successors or Page 3 of5 Agenda Item No" 10E January 11, 2005 Page 7 of 16 assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 14. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 15. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to Developer upon request. 16. In the event of a dispute under this Agreement, the parties shall first use the County's Alternative Dispute Resolution Procedure as described in Exhibit "I". Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the tenns of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. (Remainder of Page Intentionally Left Blank) Page 4 of5 Agenda Item No, 10E January 11, 2005 Page 8 of 16 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: By: , Deputy Clerk , Chairman WITNESSES: Waterways Joint Ventures IV, a Florida general partnership Print Name: By: Waterways at Hibiscus, Ltd. a Florida limited partnership, as partner Print Name: By: Waterways Development, Inc. a Florida corporation as General Partner By: Name: RICHARD DAVENPORT Title: President STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2005, by , as of Waterways Joint Ventures IV, who is [ ] personally known to me, or [ ] has produced driver's license no. as identification. (SEAL) NOTARY PUBLIC Name: (Type or Print) My Commission Expires: Approved as to fonn and legal sufficiency: JeflTey A. Klatzkow Assistant County Attorney Page 50f5 UJI..(')(O 0°"- ,,-0_ ,-- ,N 0 ~O? ,,-(1) ¿ ;.-C) ( )....ro ..... roll.. -::¡ roc: -oro c:-:> ( ) CJ) « P.·. .... ;~.i'~ , "1" "; ". , ,'\: j;:; ". ,", I, "'01.1.., f,_i';u;a-yr. ~.[ l)~'_~ _~~ .~........~ SKETCH EXHIBIT "G" AND LEGAL DESCRIPTION THIS IS NOT A SURVEY -- -- --- 1 ~- t~'~~~;?W 1 --- --- COLLIER BOULEVARD (100' RIGHT-OF-WAY) Agenda Item January 1 _ _ ~ge 1 Q. 10E ,2005 of 16 --.-.-.--- ,z ..~ tI!~:¡! :!!l4r ~n~ :0'" ~~~ ~~~ ~dZ "'~£ ~~:¡! ~;; ~ ~-< -! ;:0 VJ J"T1 z IX> J"T1 CD <D <qaJ vi CD -r¡ "'r'l c: ..s CI!.» z » ",AJ '" ~z "1J r i ;:0 ,...¡ø » ~ -j '" ",aJ -j '" "'» r'l .¡. .¡.VJ 0 '" ;:0 ~V1 ¡" 0 '" '!. '!. » 0 - WÊST LINE Of THE N~THWEST 1/4 or SECl10N 35, TOv.t4SHIP 48 SOO11-l, RANGE 26 EAST 100' CANAL RIGHT-OF-WAY -- ---- --- --- LEGAL DESCRIPll0N: BEING PART OF SEC1l0N 3S. TOWNSHIP 46 SOUTH. RANGE 26 EAST. COLLIER COUNTY. fLORIDA. BEING MORE PARl1CULARL Y DESCRIBED AS FOLlOWS, THE N~TH 30.00 FEET OF THE NORTHWEST OUARTER (1/4) OF SECl10N 35. TDWNSH1P 4ð SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIOA. BEING MORE P ARTICULARL Y DESCRIBED AS FOlLOWS, BEGINNING AT. THE NORTHWEST CORNER OF SECl1DN 35. TOWNSHIP 4e. SOUTH. RANGE 26 EAST, COLLIER COUNTY. flORIDA; n1ENCE ALONG THE NORTH LINE or THE NORTHWEST QUART'ER (1/4) OF SAID SECTION 35, N.69"58'25"£., A DISTANCE OF 2643.67 FEET TO THE NORTHWEST QUARTER (1/4) CORNER OF SAID SECl10N 35: THENCE ALONG EAST LINE OF THE NORTHWEST QUARTER (1/4) OF SAID SEC1l0N 35. S.D215'33 F" A DiSTANCE OF 30.02 f"tET; THENCE LEA 'liNG !HE SAID EAST LINE S.69"56'2S"W. A DISTANCE OF 2643.67 FEET TO 'THE WEST LINE Of 'THE NORTHWEST QUARTER (1(4) Of SAID SECl10N 35: THENCE ALONG SAID WEST LINE N.D2·14'S9"W A DISTANCE OF 30.02 FEET. TO THE POINT OF' BEGINNING OF THE EASEMENT DESCRIBED HEREIN. c Z -0 r » ~ 'T1 o BEARINGS ARE BASED ON THE SAID NOR'TH LINE OF THE NORTHWEST QUARTER (1(4) OF SAID SECl10N 35 AS BEING N.69·58'2S·E. SUBJECT DT EASEMENTS AND RESTRICl10NS OF RECORD 93100 SQUA~I' :R~:_ OFESSlONAL SURVEYOR 700r\!APPER LSI5702 DATE ~ NOT VAllO Wnl-lQVT THE ORIGINAL SIGNA WRE ÃND RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED SURVEYOR AND MAPPER. 3D' ABBREVlA l1ON: P.O.B. = POINT OF 8EGINNING DAVillA SJ!ŒET ----~UÑE OF 11-IE N.W. 1/4 or SECTION 35, TOwNSHIP 46 SOUTH. RANGE 26 EAST. 502',5' 33"E 30.02' P,O.B. NORTHwEST CORNER OF SEC1l0N 35. F,C.M. 4"X4' WITH 8RASS DISC STAMPED SECTIONS 26, 27, 34, AND 35. TO\\l'olSHIP 46 SDU'TH, RANGE 26 EAST -- --- W S+N E 50 100 I I GRAPHIC SCALE 1"= 100' NORTH 1/4 CORNER, SECTION 35 fl"tV ~?\N<: EnglOeers, ~N~~I· Surveyors & Mapper" .... '- y Y..L Planners, Projtct Managers 3050 North Horseshoe Drive, Suils 270 Naples, Ftorida341Q4 Phone: (2391 649·1509 FAX: '~9) 649·7056 CLIENT: N:\2002\02-Q15'-09 Bristol Pine!; Phase II ZOI\Înq\OOO1 {;':nerol ConsulloUo,,\lref! Form Sklll!tch &: 0 12-29-0~\lrell! Farm Leqct 12-29-Q4_DWG 12j7C /2004 1 1:71~o15 A~ EST WATERWAYS JOINT VENTURE IV ...- "'" TITLE: J.E.J. """""""'" R,G,C. ".-ç, _, ..., PROJECT 35 48S 2eE NUMBER: EXHIBIT "G" SKETCH AND LEGAL DESCRIPTION 02-0151.09 ~:''i:ER' 1 Of' 1 FILE NUMBER: 0001 T012005001TPA _179811.C8.PP.90 Agenda Item No. 10E r.:. Page 12 of 16 60' R/W "" white etrlpe bet_en blee 10". and trawl lone. IIppr!)priate troffic signing and .lrIøing lor bike Ion.. SID e . 1/"- Per ft. ,3' ~ ". 4'U ""- ". BIKE LANE 1" 2 TJlPe S Asphaltic Con~te "'5 ",/f\ .~~ 4' --- Farce~ Main S" Um.rock Boa. (Primed) (LBR 100) StabllirOC SubgrClde (LBR 40) Sanitary Sew.r Locotion J Alternot. Locotlon. or Deviatlo"e Require Aøpr.....' Of Weeteweter Deportment S' Minor Collector Hota: 1). """"""/C ...",r.to ...011 be tlOt $ ... ~ ... .þpro¥Od by tn. """"17 d"""'O II'I\ont ""9-. Z). """hollil: coner.t. _ "'.1 b. "'beUtuted ",. -.t. oId__ :-'.... ""m:'tb~~ ='t.:.:':::=~:;..,¡~I':~k:'t ~~ ..." be: l' -""II (t)f>o II). 04-' 1__ _ (prlmod). 3). DnlotJon from I.... flUOOoatod I<>c:otlon of InfraotNct... or ._o1k,l\>". I><tlh _ be ....b¡.r:t I. the _""",onl _.. _tor. 60' R/W 6" Lim.rock Base (Pr:med) (LBR 1 CO) 12" StabUized Sub\ rade (LBR 40) Sanitary Sewer LOCOtiOnJ Alt...,,,te L.oc:otions or Deviations Require Aøpro....1 Of Wast.water Depertmen\ Slop.. 1/4" Per Ft. l'n 10' 2' ---- U;" T)I;Ie S ~~~~\'¡ rorceJ Main ¡ V[?~\ ~ - 1> ~11c """ere'" ....ofl be '- S ... equat .. __ II1I11e -.nly __ont ",go.... 2) AopbGItIc -.t. 0;_'" ~ be _Itu_ tor _. lOIcIewofks _ 0D W<0Wd b7 the county dewlopmont ""01_. "->holt wof'" _ be ..,. (I') root __ ......, the ..,..111... """....,. .....k 111. .........t walk ...011 Iw. I" ......"'t (t)t>O QI). ~. I............ __ (_ed). 3) deviation trorn &lVlilntees .oc.atioft 0' Í'lfr'oat1'\Þctu... 01 -/bIi<. potll "'ofl be - OCt tD 1ft. _",,- mon\ -""- _, Local Street Tree Farm Road Typical Section Alternatives W CH2MHILL ~ UJ 0 or- t:: OJ OJ OJ !'C ~ D... !'C -0 c: ( ) OJ « ~ ~ ~ II! ... ~I -~ ~ 8 '" ~ I 6H ~ 1i c: œ o b o ..... .s:: 'ª o cD liP .. I!! o 1 ,èr. \ , \ , ! \ I \ I:) ê5 0:: ::æ:: ~ w 'W :0:: I- QI c: CÞ- c:nC ,,-3 ii BH 'OA1S };I31ll0~ 3^O~ N30WV~ i ~: ~: :J - J: - :I: U r:tt -aC) ca C 0- a::i -a e·- '-~ ca Q) LL.C) GI-a !o¡: 1-10 "..¡.,.." 9H o CD ãi Q) u. .s; J! ~ o . o (.~-~ , ~, , / \...:,' /' TD12005(l01TPA _179811.C8.PP.90 Agenda Item NO.1 DE POT STA. 171-><12.32 ~ ... N. + ~. <' ¡¡; f, 15/\ ,,-' \ I \ '/" ...,.......,¡....."'-....-; -' . j¿:'~:~;:;'t)...~ ' """-..., ..."'~ ' '-- -~.~-<;;.:::::-_..."" ".-",; --- .........................." //;,,,-, (/ v \ I, \ Ii \1'; . ¡ , 100' Canal RNV ~ ........ .... ",-,._- . Proposed Drainage DiÏ~h -Þage 140(16- - ":..:.~ TREE FARM ROAD to .... .... c ~ CD c:: L.1J ::ï ..J o Ü ~:r: _U 10 zœ: ::1::1 ::¡¡::r: ::¡¡:U OZ G) ü~ c (1S f-L.1J ..J ~:r: E C::f- ¡: :r:::I Ü..J - .s::. 'Ot CD .... - æ .... i.n Il) "It Ct) .... ..- N .... .... 40 80 Collier Blvd. Northbound Right Turn Lane to Tree Farm Road Lúi¡ - ....... CH2MHILL ~. \,,~ 0 Scale in Feet f UJ (0 0 .,- ..- - 0 -L() ..- c:: CI) ~ 0') It) ro D.. -0 c:: <V OJ « (/) C) z- -w C::c:: a..,:J (/)1- ~:J c::u. c::(- ~ a¡ c.: D.. § ~ _¡r ~ ~ ~ Q) C aI .....I E .= ~ o CO N J , , i , I 1 , I , , I , , J J , J , , I : J I , I , I , , I , , I , , i , I , , I , , J , , I , , I , , I I , ! , I ~ ,/ ~ 1:1 Q) C) ~ 1~ 1:1 "0 m &. e a.. J \ , ~><:--tT ~' ....~L~ " I , '1 I J J I " " , , I I , I " , I " , I I , J , " ;! 1: I Q) 'I E : Q) ! ~ ¡ w :!~ , 1 , , I I I 'I 1 I I , " I (/) Ww ~O a..z ð~ 1-1- (/)Z ~w In ..J ..J :E - Z u :tt Q) c ~ E .= - .r:. C) if fß N Q) "0 ü5 1ñ aI !:!:!. Q) c :::¡ ~ CD e ~ E ~ = ~ "D 3 § "DeO caas.Q o.b1ñ ~aD~ ë·... asCD"U u...5 CD I» Q. e !õ~ ....1ñe .- .. à5~ ... .c œ D2 "D e ::s o :S rn ca w o co q; If. .E 0 J! 'Ot ~ ~ aI U Õ 1ñ aI W o ~ '"" o ~-~ ! ~: \::, j "0 .1!! ~ o .....I w CD C) 0 N ..- ...... 0 z E ( ) OJ 2 ro 0... ro -0 c: ( ) OJ <C co N CI) ...... c: as ...J E ~ ¡: ~ / ...J in 10 N (/) (!)w ~u O::z ~~ ~I- c::Z ~w ~ ij¡ a: ~ i .... ~I ¡!: § 8 '" ~ I I I I T --, ~'" I "'\~ ......, I , ~ (/) (!) z- -w O::c:: c..::;) (/)1- ~::;) ~~ ~ ~ ,g 15 CI) C) as c: 'f! C "'0 CI) (/) o c.. e c.. l I ¡ \ \ '. \ \ , "', 1 '~~::-_-( , I , , I , I- Z W ~ Cc..W wOU (/)ijjz .H__-O>~ &Wl- o::CZ c..WW c:: ::;) I- ::;) u. I I I- I I , I I I I I I I I I I I I I I I I C ) c: as ...J E ¡: :E C) æ in 10 N ã) "'0 èñ 1;) ! C ) c: :J ~ ãi c: as U Õ - (/) <0 W o 10 CO N j ~ o ...J ..J :d J: I N :I: U 1)' ID C j E 8': c¢: I! ID _..J c" We -::3 c 0 "ID,c caE- OQ.tn a::,g~ Ë~oes ca ID ID LLCc ID ! ca «D::3..J "'-c 1-::3.. 1.1..': "- CD.c tnœ 0._ Q.a:: e" I1.c ::3 o ,c - tn ca W o co Gi CD L1. .6 CD ~ (/) o ..,. o [~~ ~/ ,., .." . ji' Agenda Item No.1 OF January 11, 2005 Page 1 of 13 - EXECUTIVE SUMMARY Recommendation to approve a Developer Contribution Agreement between Naples Syndications, LLC hereinafter collectively referred to as "Developer," and the County. The funds received will be for the future construction of a portion of Tree Farm Road as a minor collector added as a supplemental to the Collier Boulevard (CR-951) improvement project #65061. OBJECTIVE: To obtain Board approval of a Developer Contribution Agreement (the ··Agreement") between Naples Syndications, LLC (collectively refelTed to as the "Developer"), and the County. The overall purpose of the Agreement is to allow the Developer to contribute funds for the construction of the bridge expansion, utilities, sidewalks, turn lanes and fair share of road construction cost, in exchange for being granted access to this future roadway and a full median opening at the intersection of Collier Boulevard and Tree Fann Road being a possible future signalized intersection. --- CONSIDERATION: The Agreement requires the Developer to: (1) pay the County the amount of $500,000 for their fair share of construction costs associated with a local road cross section and utilities (12" water main & 10" force main) for the length of approximately 2,645'; (2) pay the County the amount of $55,499 for the construction of sidewalks on the northerly side of Tree Farm Road; (3) pay the County the amount of $57,500 for the construction of sidewalks on the northerly side of Tree Fann Road for the remaining frontage to be constructed at a later date; (4) pay the County the amount of $78,125 for their one half of the bridge expansion cost including sidewalks from Collier Boulevard onto Tree Farm Road; (5) provide on-site water management and permitting modifications as required for the minor collector cross section for a distance of approximately 2,465' ; (6) pay the County the amount of $62,500 for the full price of construction of two turn lanes on Tree Fann Road and one half of the cost of the northbound right turn lane on Collier Boulevard leading into Tree Farm Road; and (7) pay the County the amount of $12,750 for their equal share of the ç;ost associated with applying 20' wide temporary asphalt on a section of Tree Farm Road for the distance of approximately 1,500' from the Collier Boulevard right-of-way. In exchange for this, the County has agreed to add the following as part of the Collier Boulevard CIP #65061: (1) the County shall design and construct the access from Collier Boulevard to Tree Fann Road as a full median opening with appropriate turn lanes; (2) design and construct the expanded bridge section with sidewalks over the canal onto Tree Fann Road; (3) design and construct 2,645' of a minor collector road cross section being east of the Collier Boulevard right-of-way and being known as Tree Farm Road; (4) design and construct 2,645' of utilities (12" water main & 10" force main) being east of the Collier Boulevard right-of-way and being known as Tree Fann Road; (5) provide the two turn lanes on Tree Farm Road as described in the above paragraph; and (6) provide temporary access to the abutting developments to the north and south until such time the construction is complete. ---. Agenda Item No. 10F January 11, 2005 Page 2 of 13 FISCAL IMPACT: The County would be required to provide the additional funds to upgrade Tree Farm Road to a minor collector cross section. The estimated cost will be approximately $250,000. The impact fees generated by the developers to the north and south of the proposed Tree Farm Road upgrade will cover the additional expense. GROWTH MANAGEMENT: This project is consistent with the Long Range Transportation Plan and the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves this Development Contribution Agreement, and authorizes the Chairman to execute the Agreement on behalf of the County and approve any necessary budget amendments. Nick Casalanguida Project Manager Transportation Planning Department ~,."""" /..........~ Aqenda Item No.1 OF January 11. 2005 Page 3 of 1:, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 10F Recommendation to approve a Developer ContribuUon .....greement between Naples Syndications, LLC hereinafter collectively referred to as "Developer," and the Coun1y The funds received will be for the future constflJctiO!1 of a portion of Tree Faml Roael as a minor coile-ctor added as a 5upplemental to the Co1lier Boulevard (CR-9S1) Improvemen~ project #65061. (Norman Feder, AdministratQr Transportation Services) Meeting Date 1;11/20059.00:00 AM Approved By Norm E. Feder, AICP Tranr.portation Divísion Administrator Date Transportion Services Trans.portation Services Admin. 12/291200410:16 AM Approved By Pat Lehnhard Executive Secretury Date TransportatìaM Services Trullsportatlon Services Admin 121291200410:33 AM Approved By OMS Coordinator Administrative Assistant nate County Man3ger'$ Office Office of Management & Budget 12130/200411 :09 AM Approved By Shar-on Newman Accourlting Supervisor DatI! Tr"'.msportion Services Transportation Administration 12;30120041 :54 PM Approved By Michael Smykowski Mal1:;\gemeot & Budget Director Date County Manager's Office Office of Management & Budget 1213fi2004 10;48 AM Approved By Jame... V, Mudd County Manager DlIte Board of County Commissiol1er$ County Ma.nager's Offict! 1151200512:55 PM Agenda Item No.1 OF January 11, 2005 Page 4 of 13 DEVELOPER CONTRIBUTION AGREEMENT WARM SPRINGS TIllS AGREEMENT ("Agreement") is made and entered into this _ day of . 2005, by and between Naples Syndications, LLC, hereinafter collectively referred to as "Developer," whose address is 540 Myrtle Road, Naples, Florida 34108, and The Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, hereinafter referred to as "County." R E C I TAL S: WHEREAS, Developer has legal control over or is the owner of approximately 119 acres of property in unincorporated Collier County, Florida, which is the site of a Planned Unit Development ("PUD") known as Warm Springs PUD, a/kJa Nicaea Academy (hereinafter referred to as the "Development"), which present PUD Document was approved by the County by Ordinance No. 2003-64; and WHEREAS, the parties have agreed to certain tenns and conditions set forth below; and WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board fmds that the tenns and conditions set forth below are in confonnity with contemplated improvements and additions to the County's transportation network, and are consistent with both the public interest and with the County's comprehensive plan, and other regulations pertaining to development. WITNESSETH: NOW, THEREFORE, in consideration ofTen Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. All Development Commitments with respect to Traffic and Transportation as set forth in the PUD Document are hereby deemed incorporated in full herein, as if expressly set forth herein, and are expressly made a part of this Agreement. In the event of any inconsistency between this Agreement and the PUD Document, the PUD Document will control. 3. Developer will pay to County half of the estimated costs for the design and construction of a local road cross section including utilities (limited to water and sewer) for Tree Farm Road, which project is generally described in Exhibit "A" to this Agreement ("Project"). The Developer's share of the estimated cost of construction and design of the Project is $500,000.00. Developer will pay County $250,000.00 of this estimated cost within 120 days following the approval of the first Development Order (which tenn is defined in Section 1.08.02 of the Collier County Land Development Code) with the remaining balance of $250,000.00 due 120 days after the first payment. Page 1 of4 Agenda Item No.1 OF January 11, 2005 Page 5 of 13 4. Tree Farm Road will be constructed in several phases. Upon commencement of the Collier Boulevard capital improvement project #65061, Developer will pay County the sum of $55,499.00 in lieu of construction of the required sidewalks along the first portion of Tree Farm Road. Developer will also pay the County the sum of $57,500.00 in lieu of construction of the required sidewalks along the remaining frontage of Tree Farm Road within one year following approval of the first Development Order. 5. Developer will pay to County half of the actual costs incurred for the design and construction of the bridge upgrade over the canal from Collier Boulevard onto Tree Farm Road, which project is generally described in Exhibit ''B'' to this Agreement ("Bridge Improvements"). Developer's share of the estimated cost for the Bridge Improvements is $78,125.00. Developer will pay County the estimated cost of the Bridge Improvements upon commencement of the Collier Boulevard capital improvement project #65061. Following completion of the Bridge Improvements, within a reasonable time following written demand from one party to the other, Developer shall pay County, or be reimbursed by County, an amount equal to the difference between the Developer's share of the actual cost of the design and construction of the Bridge Improvements and the Developer's share of the estimated cost of design and construction of the Bridge Improvements. 6. Developer will pay to County half of the actual costs incurred for the design and construction of the northbound right turn lane on Collier Boulevard leading onto Tree Farm Road, which project is generally described in Exhibit "c" to this Agreement (''North Bound Turn Lane"). Developer's share ofthe estimated cost for this North Bound Turn Lane is $12,500.00. Developer will pay County the estimated cost of the North Bound Turn Lane upon commencement of the Collier Boulevard capital improvement project #65061. Following completion of this work, within a reasonable time following written demand from one party to the other, Developer shall pay County, or be reimbursed by County, an amount equal to the difference between the Developer's share of the actual cost of the design and construction of the North Bound Turn Lane and the Developer's share of the estimated cost of the design and construction of the North Bound Turn Lane. The County will provide the southbound left turn lane on Collier Boulevard leading onto Tree Farm Road at no cost to Developer. The County will also provide for the design and construction of a traffic signal at the intersection of Collier Boulevard and Tree Farm Road when warranted. Developer will pay for its fair share cost of all actual costs incurred with respect to the traffic signal when installed. 7. Developer will pay to County all actual costs incurred for the design and construction of an eastbound left and the westbound right turn lanes on Tree Farm Road leading into the Development, which project is generally described in Exhibit "D" to this Agreement ("Tree Farm Road Turn Lanes"). The estimated cost for the Tree Farm Road Turn Lanes is $50,000.00. Developer will pay County this estimated cost of the Tree Farm Road Turn Lanes upon commencement of the Collier Boulevard capital improvement project #65061. Following completion of the Tree Farm Road Turn Lanes, within a reasonable time following written demand from one party to the other, Developer shall pay County, or be reimbursed by County, an amount equal to the difference between the actual cost of the design and construction of the Tree Farm Road Turn Lanes and the estimated cost of the Tree Farm Road Turn Lanes. Page 2 of4 Agenda Item No. 10F January 11, 2005 Page 6 of 13 8. Developer will provide all stormwater management and stormwater permitting modifications for Tree Fann Road as required for a minor collector cross section for the distance of approximately 2,465'. 9. Developer will pay to County the sum of $12,750.00, which the parties agree is Developer's fair share for the temporary asphalt to be provided by County, until such time as Tree Farm Road becomes a minor collector. The Development shall have ingress and egress onto the temporary section of Tree Fann Road Developer will pay County this sum within 10 business days prior to the date the actual pavement is scheduled to be applied. County shall complete construction of the temporary road by June 1, 2005. In the event the County is delayed in completing the Temporary Road, County shall not withhold Certificates of Occupancy for any units completed by the Developer after June 1, 2005. It is understood and agreed that County intends Tree Farm Road to be constructed as a minor collector road, and that the County shall maintain access to the Developer's project at all times during County construction of the minor collector road at no cost to Developer. 10. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement, including any Homeowner Association(s). Except as otherwise provided herein, this Agreement shall only be amended or cancelled by mutual written consent of the parties hereto or by their successors in interest. 11. Developer acknowledges that the failure of this Agreement to address any pennit, condition, term or restriction shall not relieve either the applicant or owner, or their successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 12. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 13. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to Developer upon request. 14. In the event of a dispute under this Agreement, the parties shall first use the County's Alternative Dispute Resolution Procedure as described in Exhibit "E". Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. Page 3 of4 Agenda Item No, 10F January 11, 2005 Page 7 of 13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Board of County Commissioners Chairman WITNESSES: NAPLES SYNDICATIONS, LLC A Florida Limited Liabìlìty Corporation Print Name: By: ROBERT SINGER, Manager Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 2005, by ROBERT SINGER, as Manager of Naples Syndications, LLC, who is [ known to me, or [ ] has produced driver's license no. identification. , ] personally as (SEAL) NOTARY PUBLIC Name: (Type or Print) My Commission Expires: Approved as to form and legal sufficiency: Jeffrey A. 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"+.'~W^'^""'~'____~_~___ <P ..... ..... ci ~ CD 0::: w :J ...J o o Proposed Drainage Ditch Agenda Item No. 10F . 100' Canal RlW 1- '--"--1 TREE FARM ROAD ~--'-'.. .-.~-::,,:----:::.~...~:" ì:=::t: _0 IQ zo::: ::J::J ~::t: ~(.) ( ) oz æ (.)~ ...J t-w E ~::t: .= 0:::1- ::t:::J .... (.)...J .s::. ..... 0) ..... æ ..... in 10 '¢ (t) ..... ..... N ..... .... ~ Scale in Feet , ~ ! \,,~V 0 40 80 Collier Blvd. Northbound Right Turn Lane to Tree Farm Road W CH2MHILL .".. LL I:'") 0 - ..- c 6 Q E z Q E (l) en ra ~ OJ W ro ro 0... "0 c: Q) 01 « Q c ra -.J E ~ - J:: 0) æ in It) ("I, en C)w ~L> Q::z ~ëi ::¡¡;I- Q::Z ~w ~ - Q 'C éñ - en ~ - Q c ::'j ~ "'ffi c ro 0 ...... 0 - en ra W 0 It) co ("I, 'C 0 $ a> ~ 0; 0.. 0 fj -.J '" '" .... ~I ~ co t'\I ...- , \ \ \ , , \\, "" 1 ",t~::::~ ,( I- Z W ::¡¡; Oo...W wOO en¡¡jz ..-O>ëi ~UJI- Q::°z o...UJw Q:: ::::> I- ::::> LL. I \ , I --------~1'", -- I "'\ W ~ \ \ ~ ~~ ~ -+ ..J ..J :t I N :E: U t1)' I» C .3 E .= - .c CÐ ã2 1»"0 Co) C C ::::3 "Oeo ca_.Q oc_ ~Wfl) fI)~ E CÐ> "'c- ca._ ..... u....1» I» Q. C I» U) CIS ':Ë~ ~... >.= 4:: I» ..I "0 C ::::3 o .Q - fI) ca W Q c ra 0 J:: -.J co .g c ãí ... en ë5 :::J CD l- LL C) Q ;%:: .S 0 Z- 0) Q CD ~ -w ra -.J ~ Q::Q:: c: c..::::> .~ ~I in en en I- It) :;2::::> Q "'-1 ("I, 0 "C Q::~ ( ) i ~ en ~\ 0 (. ~: Q. e ' , \ / '-..-. ./ a.. ~ T012005001TPA._179B11.C8.PP.90 Agenda Item No. 10F r.:: , Page 13 of 13 60' R/W '" white .trlpe between bike lane and Iravel Ian.. IIpprØ!)rlate traffic .¡9nlng and etrlpin9 for bllee Ion.. ,,' ". ~~1 Aap~aIJr~~crei. "5 \ro/f\ ..:::,....-r:: "~~.:\ ,3" , Concrele Wal~ ," î1 forceJ Main 8" Umerock 80... (Prim.d) (LBR 100) 12" StaÞllizlld 5ubg,ade (LBR 40) SanItary Sewer LocotionJ Alternate Locations or Deviation. ReQuire Approval Of Woatewaler Deportment Minar Collector NOleo: I). Ae !holttc ...."'.to ...011 b. I~ $ or 8C11'0I ... op~ by Ih. counly __........t ""91-. 2). """holtlc ....cnt. _. moy b. 1U...Ulutod for _....1. .Id..._ :"" ....1Iþ¡;1-:,~~¡:::. =tfn:~,,::,.:t~:::.a~n:t,;:~k;1 """:~ ....P H: ," OOllh..t (1)1>0 III). '" IIINrOCI< be.. (primed). 3). 00.i1Jl"'" lTom the .uggootod 1oc.11... of Infnl1l1ruC1ure or ."'.011</1>11<. P4'th _, be "")eel 10 the óe..",po,,,,,,t _ _I... 60' R/W ---- Slope . 1/'- Per rt. 10' 2' "n '.S" 1)11e S è"øI:~~¡\'; forc:eJ Woin 6" Lim.rock Ba.. (Primed) (LBR 100) 12- Stabilized SubgrGde (L81'! '0) Sanlto,y Se_ Location J AlternGte LOÇ( tions or OeviOtions Require ....pprovol Of Woatewoler Deportment Wote Line 5' NO_ 1) Àll ltloItJ. .....,,-.t. ...011 Do 1)1>'1 S or OQUOI .. ___ by \tie co.mty _""",...1 "'giII_. 2) ""PflaltIe _I. 01....0I1ea _y be wbolltuttod for _to ~_oIk. ..... appro.... 1>, tho ......1' _opm...t _1_. ;",phol\ walk. oh.. be _ (1") 1001 ._ I""" tM .....Itlod Ccr\cr.to _. ..... _I ...." mall be: ," o"""oIt (\)1>0 lit). 4" 11m_ _ (primed). 3) .....tiGn iroIn ..w..ted locol.... of ¡"1T..I",.tvre or __/bJII. Ooth .h.1I be _ eet to th. ""_- ",..I __ dnctor. Local street Tree Farm Road Typical Section Alternatives CH2MHILL .,..', Agenda Item No. 12A . January 11, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners Direct Outside Counsel (Garvin & Tripp, P.A.), in Conjunction with the Office ofthe County Attorney, to Take All Appropriate Steps to Protect the County's Interests in Connection with Approximately 558 Purported Bert Harris Act1 Claims Allegedly Arising Out of the Adoption of the Rural Fringe Growth Management Plan Amendments and Implementing Regulations. RECOMMENDATION: That the Board of County Commissioners direct outside counsel (Garvin & Tripp, P.A.), in conjunction with the Office of the County Attorney, to take all appropriate steps to protect the County's interests in connection with approximately 558 purported Bert Harris Act claims allegedly arising out of the adoption of the Rural Fringe Growth Management Plan Amendments and implementing regulations. - CONSIDERATIONS: In July 2004, approximately 558 purported Bert Harris Act claims allegedly arising out of the County's adoption of the Rural Fringe Growth Management Plan Amendments and implementing regulations were delivered to the County Manager. While these claims are disputed on both procedural and substantive grounds, the Bert Harris Act at Section 70.001 (4)(c), Fla. Stat., provides for a governmental entity (such as the County) presented with a claim under the Bert Harris Act to make a written settlement offer of one of the following statutory alternatives within 180 days after receipt of the claim: 1. An adjustment of land development or pennit standards or other provisions controlling the development or use of land. 2. Increases or modifications in the density, intensity, or use of areas of development. 3. The transfer of developmental rights. 4. Land swaps or exchanges. 5. Mitigation, including payments in lieu of onsite mitigation. 6. Location on the least sensitive portion of the property. 7. Conditioning the amount of development or use pennitted. 8. A requirement that issues be addressed on a more comprehensive basis than a single proposed use or development. 9. Issuance of the development order, a variance, special exception, or other extraordinary relief. 10. Purchase of the real property, or an interest therein, by an appropriate governmental entity. 11. No changes to the action of the governmental entity. The 180 day period may be extended by agreement of the parties. At this time, outside counsel, in conjunction with the Office ofthe County Attorney, requires direction from the Board to take all appropriate steps to protect the interests of the County in light of the purported Bert Harris _. 1 The complete reference to the Bert Harris Act is the "Bert J. Harris, Jr., Private Property Rights Protection Act, Section 70.001, Fla. Stat," 1 Agenda Item No. 12A January 11 , 2005 Page 2 of 3 Act claims and the potentially applicable statutory settlement provisions in Section 70.001(4)(c), Fla. Stat., as well as other potentially applicable provisions in the Bert Harris Act. FISCAL IMPACT: The purported claims allegedly exceed $200 million. At this time, however, the claims are disputed and the ultimate potential fiscal impact to the County of the claims is unknown. The County has retained outside counsel and has authorized the payment of the principal attorney assigned to the case, Ted Tripp, Esq., a fee of $300 per hour. The associate assigned to assist Mr. Tripp is being compensated at $200 per hour. The costs of defending against the claims are currently being paid through Community Development and Environmental Services from Fund 111. GROWTH MANAGEMENT IMP ACT: The growth management impact associated with this Executive Summary is unknown at this time. RECOMMENDATION: It is recommended that the Board of County Commissioners authorize outside counsel (Garvin & Tripp, P.A.), acting in conjunction with the Office of the County Attorney, to take all appropriate steps to protect the County's interests in this matter including, as necessary, communicating in writing any settlement offer or extending the 180 day notice period. PREPARED BY: Michael W. Pettit, Chief Assistant County Attorney ,-' ,,-- 2 Agenda Item No. 12A January 11, 2005 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 12A This item to be heard at 11 :00 a.m. Recommendation that the Board of County Commissioners Direct Outside Counsel (Garvin & Tripp, P.A), in Conjunction with the Office of the County Attorney, to Take All Appropriate Steps to Protect the County's Interests in Connection with Approximately 558 Purported Bert Harris Act Claims Allegedly Arising Out of the Adoption of the Rural Fringe Growth Management Plan Amendments and Implementing Regulations. Meeting Date 1/11/20059:00:00 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 12/30/2004 10:35 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/30/2004 10:59 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/31/2004 3:41 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/31/20044:00 PM Agenda Item No. 128 January 11, 2005 Page 1 of 13 EXECUTIVE SUMMARY Recommendation for Approval of the Settlement Agreement and Mutual Release between Collier County and Kenco Development, Inc., Pebblebrooke Lakes Limited Partnership, through its general partner, Saundry Associates, Inc. in reference to Case No. 04-3094-CA that is now pending in the Circuit Court of the Twentieth Judicial Circuit for Collier County, F1orida. OBJECTIVE: To secure the approval of the Collier County Board of County Commissioners of the settlement agreement and mutual release between Collier County and Kenco Development, Inc., Pebblebrooke Lakes Limited Partnership, through its general partner, Saundry Associates, Inc., (hereinafter referred as "Kenco). (A copy of the unexecuted agreement is attached hereto.as Exhibit "AU). CONSIDERATIONS: Collier County staff has been involved in litigation involving the calculation of the amount of payment for two land dedications adjacent to the Pebblebrook Lakes development. The land at issue consists of 50' of right-of-way along Immokalee Road and 60' of right-of-way along CR 951. The agreed upon total price, based upon a 1998 appraisal and compromise by both parties is $280,000.00. Kenco will dismiss its lawsuit with prejudice and forego any claim for interest. - This agreement, if approved, shall be binding upon the County and Kenco, as well as their respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs grantees and affiliates. FISCAL IMPACT: Funds in the amount of $280,000 will come from the Transportation Supported Gas Tax Fund and Impact Fee Funds Project 65061. GROWTH MANAGEMENT IMPACT: There is none. RECOMMENDATION: That the Collier County Board of County Commissioners authorize the Chairman of the Board of County Commissioners to execute the settlement agreement on behalf of the Board for the County. Prepared by Jacqueline Williams Hubbard, Assistant County Attorney for Norman Feder .-' Agenda Item No. 128 January 11, 2005 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 128 Recommendation for Approval of the Sêttlement Agreement and Mutual Release between Collier County and Kenco Development, Inc., Pebblebrooke Lakes Limited Partnership, through its general partner, Saundry Associates, Inc. in reference to Case No. 04-3094-CA that is now pending in the Circuit Court of the Twentieth Judicial Circuit for Collier County, Florida. Meeting Date 1/11/20059:0000 AM Prepared By Date Jacqueline W. Hubbard Assistant County Attorney 12/29/20049:32:37 AM County Attorney County Attorney Office Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 12/29/2004 10: 13 AM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 12/29/2004 10:56 AM Approved By Barbara LaPierre Management/Budget Analyst Date Transportion Services Transportation Operations 12/30/200410:05 AM Approved By Jacqueline W. Hubbard Assistant County Attorney Date County Attorney County Attorney Office 12/30/200410:12 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 12/30/200410:13 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/30/200410:46 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12131120043:49 PM Agenda Item No. 128 January 11, 2005 Page 3 of 13 Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/31/20044:06 PM Agenda Item No. 128 January 11, 2005 Page 4 of 13 SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between Collier County, a political subdivision of the State of Florida and KENCO DEVELOPMENT, INC., a Florida Corporation and PEBBLEBROOKE LAKES LIMITED PARTNERSHIP, a Florida limited partnership, through its general partner, SAUNDRY ASSOCIATES, INC., a Florida corporation (hereinafter referred to as "KENCO"). WIT N E SSE T H: WHEREAS, Kenco has filed suit agamst Collier County in Case No.04-3094-CA; and WHEREAS, Kenco and Collier County, without any of them admitting any liability or fault, desire to settle the dispute and any and all disputes or claims that arise from, relate or refer in any way, whether directly or indirectly, to ownership, possession and use of, and payment for certain property identified on the Plat for the Pebblebrooke Lakes Development as parcels "R-l" and R-2", more particularly described in Exhibit "A" to this Agreement, (hereinafter referred to as the "Property"); and, WHEREAS, Kenco and Collier County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs grantees and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Kenco and Collier County agree as follows: EXHIBiT I /~\ Page 2 Settlement Agreement & Release Agenda Item No. 128 January 11, 2005 Page 5 of 13 1. Kenco and Collier County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the possession, ownership, and use of, and payment for the Property; for and in consideration of the following, the parties hereto agree as follows: a. Kenco will dismiss its lawsuit in Case No. 04-3094-CA and any claims pertaining thereto with prejudice; b. Kenco will execute warranty deeds to Collier County for each parcel, which will be recorded in the public records of Collier County. The Property shall be conveyed to Collier County free and clear of all liens and other encumbrances. c. Upon the receipt of the executed warranty deeds to the Property, Collier County will pay the sum of $280,000.00 to Kenco for the Property. 3. In consideration of the above and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by Kenco and Collier County, this Agreement and Release is hereby entered into and covers all claims relating to ownership, possession and use of, and payment for the Property between the parties hereto. 4. In consideration of the resolution of this dispute, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged that Kenco and Collier County, on behalf of themselves, as well as on behalf of their attorneys, agents, representatives, and assigns, hereby expressly release and forever discharge among themselves and each other, as well as their officers, employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, 2 Page 3 Settlement Agreement & Release Agenda Item No. 128 January 11, 2005 Page 6 of 13 . costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that they have asserted or could have asserted against any other of them that arise from or relate to or refer to in any way, whether directly or indirectly, the ownership, use and possession of the Property. 5. Kenco and Comer County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 6. Kenco and Collier County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of Kenco or Collier County. 7. Kenco and Collier County acknowledge and agree that this Agreement and .,- Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 8. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 9. In the event of an alleged breach of this Agreement and Release, Kenco and Collier County agree that all underlying causes of action or claims of Kenco and Collier County have been mutually extinguished, among and between each of them, by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific I 3 Page 4 SettJement Agreement & Release Agenda Item No. 12B January 11, 2005 Page 7 of 13 perfonnance of its tenns and conditions; or for any damages arising from the breach. In this regard, Kenco and Collier County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples. Florida. 10. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Kenco and Collier County have signed and sealed this Agreement and Release as set forth below: KENCO DEVELOPMENT, INC. Witnesses: By: (Signature) (print) (CORPORA TE SEAL) (Signature) (Print) 4 . ...-.-.----- Page 5 Settlement Agreement & Release Agenda Item No. 128 January 11, 2005 Page 8 of 13 PEBBLEBROOKE LAKES LIMITED PARTNERSHIP Witnesses: By: (Signature) (print) (CORPORATE SEAL) (Signature) (print) ..,.-... I 5 Page 6 Settlement Agreement & Release Agenda Item No. 128 January 11, 2005 Page 9 of 13 SAUNDRY ASSOCIATES, INC., Witnesses: By: (Signature) (print) (Signature) (print) 6 - Page 7 Settlement Agreement & Release Agenda Item No. 128 January 11, 2005 Page 10 of 13 COLLIER COUNTY: ATTEST: DWIGHT E. BROCK, Clerk of Courts of Collier County, Florida BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: Board of County Commissioners Chairman By: Date: Date: Approved as to form and legal sufficiency: - Jacqueline Williams Hubbard Assistant County Attorney 7 ro lC)('0 NO~ ..-0_ ,N 0 .Jl."'""-~ -ri-~ E>-Q) Q)....DJ ~a:¡ro -;;;êQ.. 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I ;~ ~~~¡ ~ Q !~ ~~\!si'; I :t ~ ...~::!~ ~ ~ ~el~ ~~ ; !~ ~I...", (31s! ~ ~~~ ~!~! !¡ ~ I~! !~I~~ ~~ ~i ~I~ ~ !~ ~~ II~ ! ~§ ~~ ;¡ ~ ~"' ~ I L..œ I I I I I ~I I ~I ¡ I ~ !!3 ~i ~~ ~~ """" i~ '-¡ !e i ,.. ;5.. ~=i¡ ~ ,., ;s~ ~&g ~ ~~ 'lib! ::!~ I ... i ~ ~ ~ il ta ~ .. ~-o/ -~ 11.. - I'CR frfl""'VSI'I'q:llØØlÆRRi W I. 'I~ '"'1 11.I.MIRY Agenda Item No. 16A1 January 11, 2005 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase with Kit Kraft for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $17,900. OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Kit Kraft (Kraft). CONSIDERATIONS: On January 27,2004, Agenda Item lOA, the Board approved a Collier Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. On June 22, 2004, Agenda Item 16A2, the Board confirmed their direction to staff authorizing staff to proceed with purchase contracts for Golden Gates Estates, Unit 53, properties as they become available and to bring these contracts back to the Board for final approval. The Kraft parcel contains 1.59 acres and is located within Golden Gate Estates, Unit 53. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $17,000 was based upon one independent, state-certified, general real estate appraiser. .- The attached Agreement for Sale and Purchase provides that should the County elect not to close this transaction for any reason, except for default by Kraft, the County will pay Kraft $170 in liquidated damages. The CCLAAC approved this transaction on December 13, 2004, and voted to recommend Board approval and execution of the attached Agreement. Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewed and approved by the County Attorney's Office and Environmental Services Department. FISCAL IMP ACT: The total cost of acquisition will not exceed $17,900 ($17,000 for the property, $250 for the appraisal, $250 for the Environmental Task Audit I, and approximately $400 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of December 13, 2004, property costs for Conservation Collier properties under contract, including this property, total $24,013,150. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. _. ,..~.".._.,~~"..,~_._---"_._-".......__..,,,,,,. .".,.,...._"'-,,~ "'-"'~"'-~.'_._'--'~ Agenda Item No. 16A1 January 11, 2005 Page 2 of 15 EXECUTIVE SUMMARY Conservation Collier - Agreement for Sale and Purchase - Kraft Page 2 RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Agreement and accept the Warranty Deed once it has been received and approved by the County Attorney's Office; and 2. Authorize the Chairman to execute the Agreement and any and all other County Attorney's Office approved documents related to this purchase; and 3. Authorize staff to prepare related vouchers and Warrants for payment; and 4. Direct staff to proceed to acquire the property, to follow all appropriate closing procedures, to record the deed and any and all necessary documents to obtain clear title to the property, and to take all reasonable steps necessary to ensure performance under the Agreement; and 5. Approve any necessary budget amendments. _. PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist Real Estate Services / Facilities Management Department .-. Agenda Item No. 16A 1 January 11, 2005 Page 3 of 15 Conservation Collier Land Acquisition Program Project Design Report Date: November 22, 2004 Conserv.tlan Callier North Golden G.te I!!:sbites Unit S3 Location Map 1,;1 jA'tro( HÖLi..OW .LVO L !~\1; wv: ...¡r.TA.VI'- !>II!' ~'~TH ....."' I'M ¡~"'T'I A\Ik liC .. ~, Kraft prooertv -1.59 Acres Note - mark contains 3 Üi tT1 AV~" ,,"'W ~1 'W: AV.,...,. _>.___ :>~,/fi'1 Ii...·c Þ/ìN .\"". AVII liB i"'fU~^y¡,;! ... -- ;¡ :'\;1.H!tf Ave ''¡:L " ~ ~'.. ~: ;. '. ., ;l .. lìi ... "'/ ~ " þ ~ .. rö: ~.7fJ ,~;T;'¡"V ;J'N '~~ .,ID r r ~}'<J~, .....--." . . . .(""'~._ ...M'W, u....~._··~·,-- "_'__-=_""~"'~"~""'~:"~:"~'::::'M""'" ?"" "VI r' '~~TH AVÇ ~U;,~_'cc Legend - NGGE Unit 53 " "'+M ~ NGGE Unit 53 _ Cvcle :2 Con$orvfltlon L¡JInt;1$ CREW o '.1õ11í õl.21íQ '\.fìOO "'''01 FÚ¡¡ú"!~r'I~,,,.,.394~)2320000,394938.4()OOO.394~2200;]07. J1:'''rí1vD2Œ.¡OO. ,.~~1:'l!l'ljlIU\n.. ,J1:'4~.j04U\J\I4, J~1:M4-·U)\AJ2. _ __.. P"_.. c__ e_..ay.........-v ............_.394911ú40009, 39491000000, 39493400000. 3949'200000,1, ..- -yo ..... ! .._.. ' ...__ _"'_ 39400560001;\. 1)94$o'¡ 120007 oGtlc.-v_ G...._I...\ ..Ollft U""IIUII,..Qyoll.....""'è';\I(Ì!fIIt eMU_._b.m e.I.....1I..ft\ !tIC.., .....1020""1...... C¡'¡:tî~r Ccuit1h¡ CMft, 11..,zat9.. ,.."C, .C'"'-' -"".,^~ .,~-~".~"....4.;:.. Property Owner: Kit Kraft Folio(s): 39490560008 Location: North Golden Gate Estates Unit 53, WI05FT of Tract 9 Size: 1.59 acres Appraisal/Offer Amount: $17,000 Agenda Item No. 16A 1 January 11, 2005 Page 4 of 15 History of Project: Received Project Selected Project BCC Purchase offer Offer Accepted application for the "A" Approved for Approval made to owners category, #1 purchase by to buy as priority, on the BCC properties Active become Acquisition List available bv CCLAAC confinned I 0/9/04 12115/03 1127/04 6/22104 10/14/04 11/1/04 Purpose of Project: Conservation Collier Prol!l"am Qualifications: This is one of a number of parcels approved for acquisition that are part of a larger, multi-parcel, multi-owner project known as the North Golden Gate Estates (NGGE) Unit 53 Project. These parcels were considered in context of the whole project. The following identifies the ecological value, significance for water resources, human values and aesthetics, vulnerability to development and management potential for this project. Native habitat present over the whole unit is wetland hardwood forest, with a substantial portion of that being dominated by cypress and red maple swamp and the remainder by native and exotic re-growth over an historic farm field. Although the unit has been platted for single-family home development, at present there are no homes, streets are unpaved and there is no electric service. A search of county records, updated at the time of this writing, shows no construction pennits other than one (for a fence) have been issued or under review. Soils, hydrology and extant plant species indicate that the entire unit is a seasonal wetland, with surface water present during rainy season and moist conditions remaining during dry season (excepting drought conditions when water tables may recede lower). The area contributes moderately to Lower Tamiami aquifer recharge (7-14 inches per year) and wetland dependant bird species were observed on site. A native terrestrial orchid species state listed as Threatened, Wild Coco (Eulophia alta) and a fern species, Royal fern (Osmunda regalis) listed by the state as Commercially exploited were observed in abundance. No listed wildlife species were observed, however, the entire unit is directly adjacent to Priority One Panther Habitat, as designated by the Florida Fish and Wildlife Conservation Commission. Black bear, another listed species, are known to inhabit adjoining public lands. This entire area is connected with South Florida Water Management District (SFWMD) lands which are known as the Corkscrew Regional Ecosystem Watershed, separated into CREW Trust conservation lands and the Audubon Corkscrew Sanctuary. Acquisition of NGGE Unit 53 would enhance, protect, buffer both areas and provide additional public access to CREW Trust lands. In regards to human values and aesthetics, conservation of this area would offer multiple opportunities for land- based natural resource recreation including potential for hunting, as coordinated with limited seasonal hunting permitted on adjoining CREW lands. As to vulnerability, this area is zoned for single-family residences and although none have been built to date, pennits could be issued at any time. In regards to management, once a group of contiguous parcels can be acquired, there is potential for a management partnership with the neighboring CREW Trust. Management would primarily consist of exotic removal and maintenance of existing unpaved roads to provide access to CREW trails. Expansion of trails into these lands is contemplated over time. See the Initial Criteria Screening Report for full criteria evaluation. Proiected Mana2ement Activities: Removal of exotic plants, construction of trails, parking and placement of fencing and signage are projected management activities, but these would not be done until more contiguous properties can be acquired. Item Number Item Summary Meeting Date Agenda Item No. 16A 1 Januarv 11, 2005 Páge 5 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ·16A1 Recommendation to approve an Agreement for SaJe and Purc.hase with Kit Kratt for 1.59 acre!:> und(!;r Ihe Conselva1ion Collier Land Acquisition Program, at a ccst nDl to exceed £17.900. 1i11¡200b 9;00;00 .<lM Cindy M. Erh Søni(u' PWIWrty Acquisiti"n S"..,ci¡llis.t um2:00t 9:40:$9 AM Prepared By Administrative Services D.n~ Facilìti~:s M>lnagl!:lTIent Skíp Camp, C.F.M. Fadli1íes Management Director Dnte Approved By Adnlihisttative $t!tvil:nso Fndlrtie!> Mal"\;)gemtmt 12171200410:59 AM Approved By Op1Jrativns AnalY$t OBt~ Cons.tanee A. Johns;on Community Devel-oprnent & Environmental Services Community Development & Environmental Services Admin. 12,;9(1U04 3:22 A~-A Alex;mdriil J. sut~cld SI~oi( 1 El1vitullt'1umt.a1 SfU!(:íU¡¡$t Dut!! Approved By Community De\lelopmeot & Eriviroomen'ta ServicE!.\ EnvironmentalServíces 12/1312004. 2:1D PM Approved By Dale Sandra lr.éI CQtf\lnunity Duvelul)nlr.ht 8. Envìrönn~~lItal Sr.tvicl!~ t:xet:utivl!: Se-ctetary C.ommunity Dp.\lI!h>pmcJ1t & Envit()mn~nt;d Service!> Admin. 12/13120043:07 PM Approved By EnvΡ·Ol1ment.al Service!;: Director Date William O. L-orenz, Jr.. P.E, Community Dev¡!!opment & Environmentaf Services Envjmnml1lJ1al SeP!lCe,'S 12/151200412:58 PM Approved By Real Estate Service$ Mal'tager Date Ch'¡ldl~s E, Cartirtgton, Jr c, SFVWA Adlninistt"il1i\ll! St':rvi(;~... F ¿u:ilit¡('!$ Mars'¡I~ l!ment 12!16!2()0412~03 PM Financial Admin & Housing Director Date Approved By Denton Baker CDnununiry D~!vel()prn-f:nt & Environmental Services Financial .Ar.lmill. & HI)U!l;inn 12i1712004 11:14 AM Joseph K. Schmitt Da1e Approved By Community Deve:!opment & Environmental Services. CQmmunity DevelDpment & Environmen1al Services Adl'Oinstrator Community Development & Environmental Service", Admin. 12;18/20047:59 AM OMU. CnDrdit1..t<U Adrnitl¡stfafivu As~;i!>tant Dah! Approved By Cmmty MiJI1i!1!JIH'" OffìCi~ OttÜ:I! 01 M'III<I!ll!mp.f1t. S. Budget 12!21n004 3:1& PM Mark Isackson 8udget An..!yst Date Approved By County Marlagct's 01fìce orfir.e- 01 Mó1nitÇlCment &. audgd 12!2212GQ411::24 AM M¡chal~1 Smykow$ki Maltuuem~nt & Budget Director D.jIt;~ Approved By County MamIÇJHt'¡o OH¡(;~! OffÍ<:(! 01 Mímlll!Jt~ln~mt & BudU!!t 12,'nI2004 2:17 PM Jam(!s V. Mudd Cauntv M.lnU9E!'_f Date Approved By Bomd of County Commil>sioners. County Manag~t·s; Offíce 1:212912004 2::30 PM ---.--- CONSERVATION COLLIER Tax Identification Number: 39490560008 Agenda Item NO.1 A1 January 11, 2 05 Page 6 0 15 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between KIT KRAFT, whose address is 1168 Lake McGregor Drive, Apt. 1 A, Fort Myers, FL 33919-6262, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Seventeen Thousand Dollars ($17,000.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, excepticnc, cr qua!ifications. Marketable t!tle shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. 1 ----.-- CONSERVATION COLLIER Tax Identification Number: 39490560008 Agenda Item NO.1 Ai January 11, 2 05 Page 7 0 15 (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201 .01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL T A Commitment for an Owner's Title Insurance Policy (AL T A Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 2 ----_..~------ -. CONSERVATION COLLIER Tax Identification Number: 39490560008 Agenda Item No.1 A 1 January 11 ,2 05 Page 8 0 15 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days atter expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions 10 title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall be responsible for any loss or damages occasioned thereby and against. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. 3 -. --.--- .__.._-----~------_..- CONSERVATION COLLIER Tax Identification Number: 39490560008 Agenda Item No.1 A 1 January 11 ,2 05 Page 9 0 15 VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2004 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon Q.!]g percent (1 %) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed 4 CONSERVATION COLLIER Tax Identification Number: 39490560008 Agenda Item NO.1 A 1 January 11, 05 Page 10 15 to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10,019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability 5 CONSERVATION COLLIER Tax Identification Number: 39490560008 Agenda Item NO.1 Ai January 11, 2 05 Page 11 15 to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 Telephone number: 239-732-2505 Fax number: 239-213-2960 With a copy to: Cindy M. Erb, Senior Property Acquisition Specialist Collier County Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8991 Fax number: 239-774-8876 6 CONSERVATION COLLIER Tax Identification Number: 39490560008 Agenda Item No. 1 A 1 January 11. 2 05 Page 120 15 With a copy to: Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8400 Fax number: 239-774-0225 If to Seller: Kit Kraft 1168 Lake McGregor Drive, Apt 1A Fort Myers, FL 33914-6262 Telephone number: 239-633-2195 Fax number: 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 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 trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties, 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to 7 - ---~-~-- ---_.---- CONSERVATION COLLIER Tax Identification Number: 39490560008 Agenda Item No.1 A1 January 11 , 05 Page 13 15 which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be ex1ended to the nex1 succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to review and recommendation for approval by the Conservation Collier Land Acquisition Advisory Committee, and acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller 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 Property held in such capacity is conveyed to Collier County. (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.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: CHAIRMAN , Deputy Clerk 8 ~._-_.._. - -_..------_.~---- CONSERVATION COLLIER Tax Identification Number: 39490560008 Agenda Item No. 1 A 1 January 11, 2 05 Page 140 15 AS TO SELLER: . DATED: f II :2 Î /C--( ( 1 WITNESSES: \' 1/ ¡" j . --c~~/ ~~ I J¿-- ; Lv .. L~''1'.// KIT KRAFT l -D KE L ì tV G (2... ,}qrí C ~)¡: \{ f~( Ll 4 (Printed Name) Approved as to form and legal sufficiency: tÁ-L- U ~~ Ellen T. Chadwell Assistant County Attorney 9 , CONSERVATION COLLIER Tax Identification Number: 39490560008 Agenda Item NO.1 A 1 January 11 ,2 05 Page 150·15 EXHIBIT "A" TAX IDENTIFICATION NUMBER: 39490560008 LEGAL DESCRIPTION: THE WEST ONE HUNDRED FIVE (105') FEET OF THE WEST ONE HUNDRED EIGHTY (180') FEET OF TRACT 9, GOLDEN GATE ESTATES, UNIT 53, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 931N THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 10 -_._.~_."_._- Agendaltem No. 16A2 January 11, 2005 Page 1 of 15 ...~~ EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase with Gordon M. Blake and Katharine Blake for 1.14 acres under the Conservation ColUer Land Acquisition Program, at a cost not to exceed $13,900. OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Gordon M. BJake and Katharine Blake (Blake's). CONSIDERATIONS: On January 27,2004, Agenda Item lOA, the Board approved a Collier Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. On June 22, 2004, Agenda Item l6A2, the Board confinned their direction to staff authorizing staff to proceed with purchase contracts for Golden Gates Estates, Unit 53, properties as they become available and to bring these contracts back to the Board for final approval. The Blake's parcel contains 1.14 acres and is located within Golden Gate Estates, Unit 53. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $13,000 was based upon one independent, state-certified, general real estate appraiser. ,..- The attached Agreement for Sale and Purchase provides that should the County elect not to close this transaction for any reason, except for default by Blake's, the County will pay BJake's $130 in liquidated damages. The CCLAAC approved this transaction on December 13, 2004 and voted to recommend Board approval and execution of the attached Agreement. Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewed and approved by the County Attorney's Office and Environmental Services Department. FISCAL IMPACT: The total cost of acquisition will not exceed $13,900 ($13,000 for the property, $250 for the appraisal, $250 for the Environmental Task Audit I, and approximately $400 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of December 13,2004, property costs for Conservation Collier properties under contract, including this property, total $24,013,150. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. ,,-.., Agenda Item No. 16A2 January 11, 2005 . Page 2 of 15 EXECUTIVE SUMMARY Conservation Collier - Agreement for Sale and Purchase - Blake Page 2 RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Agreement and accept the Warranty Deed once it has been received and approved by the County Attorney's Office; and 2. Authorize the Chainnan to execute the Agreement and any and all other County Attorney's Office approved docmnents related to this purchase; and 3. Authorize staff to prepare related vouchers and Warrants for payment; and 4. Direct staff to proceed to acquire the property, to follow an appropriate closing procedures, to record the deed and any and all necessary docmnents to obtain clear title to the property, and to take all reasonable steps necessary to ensure perfonnance under the Agreement; and 5. Approve any necessary budget amendments. ",......."'" PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist Real Estate Services I Facilities Management Department .-. Agenda Item No, 16A2 January 11, 2005 Page 3 of 15 Conservation Collier Land Acquisition Program Project Design Report Date: November 22, 2004 Conservation Collier North Golden Gate Estates Unit 63 Location Map 8IHAQY HOLIo.O'Iot LVC E ~1 ST ....\'E tI f ~m"VEir.¡/\· ~H ,,\If! NE 3i'Ttt "\IE f>tN 31TH ....\IE tI f 3i>TH ÞUE NN 35'1!'i1"'....E~ 33I!D AVI! f'MI ;I: ~ ~D AVE "E '!3 ¡ i I ~ ... Ið .. '" '" ::: ~ i ~ .. 2S~!\V. NW :l4;Tl1I1VEt<W ; .<IfM AII1I ~ aATH IlVli NE w+r ~ Legend - NGGE Unit 53 I I _ NGGE Unit 53 .. Cyele 2 Conservation Lands CREW I ---.I --------- . , . ~ . , I , , .... ...-~_.._.. -- .--... ,.....-.. '.- ...-.--.....- Prouertv Owner: Gordon M. and Katharine Blake Fo1io(s): 39492960004 Location: North Golden Gate Estates Unit 53, E75FT of Tract 33 Size: 1.14 acres Auuraisal/Offer Amount: $13.000 Agenda Item No. 16A2 January 11, 2005 Page 4 of 15 Hiltory of Prolect: Received Project Selected Project BCC Purchase offer Offer Accepted application for the "A" Approved for Approval made to owners category, #1 purchase by to buy as priority, on the BCC properties Active become Acquisition List available by CCLAAC confinned 8/25/04 12/15/03 1127/04 6/22/04 10/14/04 11/1/04 Purpose of Prolect: Conservation Collier Pro2l"am Ouallfica1ions: This is one of a number of parcels approved for acquisition that are part of a larger, multi-parcel, multi-owner project known as the North Golden Gate Estates (NGGE) Unit 53 Project. These parcels were considered in context of the whole project. The following identifies the ecological value, significance for water resources, human values and aesthetics, vulnerability to development and management potential for this project. Native habitat present over the whole unit is wetland hardwood forest, with a substantial portion of that being dominated by cypress and red maple swamp and the remainder by native and exotic re-growth over an historic farm field. Although the unit has been platted for single-family home development, at present there are no homes, streets are unpaved and there is no electric service. A search of county records, updated at the time of this writing, shows no construction pennits other than one (for a fence) have been issued or under review. Soils, hydrology and extant plant species indicate that the entire unit is a seasonal wetland, with surface water present during rainy season and moist conditions remaining during dry season (excepting drought conditions when water tables may recede lower). The area contributes moderately to Lower Tamiami aquifer recharge (7-14 inches per year) and wetland dependant bird species were observed on site. A native terrestrial orchid species state listed as Threatened, Wild Coco (Eulophia alta) and a fern species, Royal fern (Osmunda regalis) listed by the state as Commercially exploited were observed in abundance. No listed wildlife species were observed, however, the entire unit is directly adjacent to Priority One Panther Habitat, as designated by the Florida Fish and Wildlife Conservation Commission. Black bear, another listed species, are known to inhabit adjoining public lands. This entire area is connected with South Florida Water Management District (SFWMD) lands which are known as the Corkscrew Regional Ecosystem Watershed, separated into CREW Trust conservation lands and the Audubon Corkscrew Sanctuary. Acquisition of NGGE Unit 53 would enhance, protect, buffer both areas and provide additional public access to CREW Trust lands. In regards to human values and aesthetics, conservation of this area would offer multiple opportunities for land- based natural resource recreation including potential for hunting, as coordinated with limited seasonal hunting permitted on adjoining CREW lands. As to vulnerability, this area is zoned for single-family residences and although none have been built to date, permits could be issued at any time. In regards to management, once a group of contiguous parcels can be acquired, there is potential for a management partnership with the neighboring CREW Trust. Management would primarily consist of exotic removal and maintenance of existing unpaved roads to provide access to CREW trails. Expansion of trails into these lands is contemplated over time. See the Initial Criteria Screening Report for full criteria evaluation. Projected Manaøment Activities: Removal of exotic plants, construction of trails, parking and placement of fencing and signage are projected management activities, but these would not be done until more contiguous properties can be acquired. Item Number Item Summary MHllng Dill Approved By Skip Cump, C.F.M, Adrtdoistmtivl! S.rvic.~ Agenda Ilel11 No. 16A2 January 11, 2005 Page 5 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1M2 Recommendation to approve an Agreeml;!nt for Sale and purchase \MIll Gordon M B øke and Ka1harlne Blake for 1.14 acres UndEl:T lhfJ Con$ervalion CoUier La"d Acquisition Program, at 1:1 cost not to exc.eed $13,900. 11111.005 9:00:00 11M F~~ilitie'$ MUlUlgUlMllt Di'lItc:tOf Dj.t4t F~çllit¡eI$ Munugllmellt 12fi1200' 10:57 AM Approved By Da.. Sandra Lea Community D.IV4!loptrl","t & Environml!ntaf S01'VIC(J'5 Executi..,e Secretary Cornt1ll1nity Dltvnlopmml. & Environmental SltrYlc.es AdmIn. 12/8/2004 2: 16 PM Approved By Dot. Conat...nce' A. Jt.>h".a.øn Community DtWl!lormp.nt & Environmental Servic.es Operations; AnaJysot Commun~ty Developml!lnt " Environm.mtal Services. Admin. 121912.04 &:25 AM Approved By Senior En\lironment;JI1 Sp~(:in j.'5t Date Alexandra J. Sulc.çkl Co,nmunlty OevnioJlrruUlt... Envirunrncntal S~rvh:tI!S Environment.:al Services 12113/20042:12 PM Approved By Envíronmental Services. Director Date ~1Ii.m D. Loranz, Jr" P .E. CommunUy D(!'\Ielopment & Environmental SC't"it~(I" Envirohmental Services 12/15/20044:01 PM ReÐI E5tø.t~ SiCrvices Manal )ct D"le Approved By Charlos E. Carringlon, Jr" SRIWA Admini..tr3tive Service£ Fullities Management 12!f6/200. 12:05 PM Approved By Flnillncjal Adn)!n 8. Ho\n.ln J [)¡rnc:tor P"te. D"olol\ Batlel Commtmi1y DevolQJlmullt & Envjt"mnn~lMtal Servic:e$ Flnancinl Admin. & Housing 12/17/200411:18 AM JO$.ph K S(:hrnitt Datu Approved By Community Developmp.nt & Environmenul SlfIrvjc:es Community Dr"vclopment & Environmental Service5 Adminstrøtor Cnmmlmity Development & En'tlironm6tltal ServicC!s Admin. 12118/20048:01 AM OMS CClUrdinatur Adrnhlì!f.1.UI1ive Au¡",t¡mt 0.", Approved By County M.anager'," OHìc.e Office of M31\agement & Budget "!2.fZ1f2004 3:45 PM Mnrk Isacicson 8udOC't A.nnlytõt Dftte Approved By County Manøger'~ Of1\c:e Office of Management & Budget1. 121221200411 :26 AM Michael Smykowski M1Inagll!merlt & Eiudg.t Director Date Approved By County Managar's Offic" Office of Management & Budget 12/22/2004 2:26 PM Cow~ty M.¡¡n"gl!!r O..t4t A pproved By Jutnel;' V. Mudd SOlllrd of County ComrniaÐiDnera. County M.anager's Office 1212912004 :1:02 PM ----~--- CONSERVATION COLLIER Tax Identification Number: 39492960004 Agenda Item NO.1 A2 January 1 i, 2 05 Page 6 0 15 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between GORDON M. BLAKE AND KATHARINE BLAKE, as joint tenants with full rights of survivorship, whose address is 634 Niagara Street, S1. Catharines, Ontario, Canada l2M 3R2, (hereinafter referred to as "Seller"). and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements, NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Thirteen Thousand Dollars ($13,000.00), (U.S. Currency) payable at time of closing. Ill. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. 1 CONSERVATION COLLIER Tax Identification Number: 39492960004 Agenda Item No.1 A2 January 11, 2 05 Page 7 0 15 (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attomey's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof. Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (ALTA Form 6-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days. following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 2 4.012 If "Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days atter expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. Agenda Item Nq. 1 A2 January 11, 2 05 Page 8 0 15 CONSERVATION COLLIER Tax Identification Number: 39492960004 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall be responsible for: any loss or damages occasioned thereby and against. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. 3 ---~-~._-_._~ -.-.--"..- CONSERVATION COLLIER Tax Identification Number: 39492960004 Agenda Item NQ. 1 A2 January 11, 2 05 Page 9 0 15 VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2004 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee. including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser. whereupon one percent (1 %) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain. and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant·the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed 4 CONSERVATION COLLIER Tax Identification Number: 39492960004 Agenda Item No. 1 A2 January 11, 2 05 Page 10 _0 15 to the saicf Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits. claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability 5 --------- CONSERVATION COLLIER Tax Identification Numt¡er: 39492960004 Agenda Item No. 1 A2 January 11, 2 05 Page 11 0 15 to perform hereunder; nor is there - any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having Jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request. demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested. postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 Telephone number: 239-732-2505 Fax number: 239-213-2960 With a copy to: Cindy M. Erb, Senior Property Acquisition Specialist Collier County Real Estate Services Administration Building 3301 Tamiami Trail East Naples. Florida 34112 Telephone number: 239-774-8991 Fax number: 239-774-8876 6 CONSERVATION COLLIER Tax Identification Number: 39492960004 Agenda Item No. 1 A2 January 11, 2 05 Page 120 15 With a copy to: Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples. Florida 34112 Telephone number: 239-774-8400 Fax number: 239-774-0225 If to Seller: Gordon M. & Katharine Blake 634 Niagara Street St. Catherines, Ontario, Canada L2M 3R2 Telephone number: , . ! Fax number: ,.,' 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative. in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement. if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 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 trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted. and any waiver of any provision of this Agreement shall be applicable only to the specific instance to 7 .,-----.-.--- CONSERVATION COLLIER Tax IdentifIcation Number: 39492960004 Agenda Item No.1 A2 January 11, 2 05 Page 13 0 15 which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to review and recommendation for approval by the Conservation Collier Land Acquisition Advisory Committee, and acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller 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 Property held in such capacity is conveyed to Collier County. (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.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated ProjecUAcquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: CHAIRMAN , Deputy Clerk 8 CONSERVATION COLLIER Tax Identification Number: 39492960004 AS TO SELLER: DATED: /vcv .¿ b ¡2(()'t WITNESSES: r' ~I-U~ (.~.u (Signatu e) ) ,/ ·':T(Li1.L«-- A~nc:'~~ (Pnnted Name) /:~,Ar'/// (Signature) ( /" lV\..l C k I'd I (Printed Name) A~~nt:L'- WiTNESSES:,..... ,..---....., . ,"\ /~ '- ) ,"\...----- (Signature) .,'Y-A ~ ,;j i j , ,.. ·l..d:-I../ (Printed Name) ~~~~~~e)/ (<'7'1~A' ;' If '- v ,~H.. (' l' j) I' 1 r--' (" (Printed Name) Approved as to form and legal sUfficiency: ~~~ --1:lIen T. Chadwell Assistant County Attorney . ,/ . C_~ ,".>- ~t/P'" //' GORDON M. BLAKE /. a I( ~~- x)f'~ KATHARINE BLAKE :; Agenda Item No. 1 A2 January 11, 2 05 Page 14 0 15 /jr/" .';:, ~.>4...~.~. -:.__ CONSERVATION COLLIER Tax Identification Number: 39492960004 Agenda Item No.1 A2 January 11, 2 05 Page 15 0 15 : , EXHIBIT "A" TAX IDENTIFICATION NUMBER: 39492960004 LEGAL DESCRIPTION: THE EAST SEVENTY-FIVE (75') FEET OF THE EAST ONE HUNDRED FIFTY (150') FEET OF TRACT 33, UNIT 53 GOLDEN GATE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 93 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 10 Agenda Item No. 16A3 January 11, 2005 Page 1 of 4 .- EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Heritage Bay Commons", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Heritage Bay Commons", a subdivision of lands located in Section 23 Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Heritage Bay Commons". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering . Services Director and the County Attorney's office prior to the recording of the final plat. This _ would be in conformance with the County Land Development Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Heritage Bay Commons" be approved for recording. FISCAL IMPACT: The project cost is $1,000,600.33 (estimated) to be bome by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $451,599.00 - $549,001.33 The Security amount, equal to 110% of the project cost, is $1,100,660.36 The County will realize revenues as follows: ..-- Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $31,758.01 Agenda Item No. 16A3 _ January 11, 2005 Fees are based on a construction estimate of $1,000,600.33 and were paRi~ 2 of 4 May, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$ 1,740.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 3,386.99 c) Drainage, Paving, Grading (.75% const. est.) - $ 4,117.51 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $10,160.98 e) Drainage, Paving, Grading(2.25%const.est.) - $12,352.53 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues é'- HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Heritage Bay Commons" for recording with the following stipulations: 1. Approve the amount of $1,100,660.36 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department .- Item Number Item Summlry MHllng Dala Agenda Item No. 16A3 JùnVtuy 11, 2005 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A3 Recommendation to approve tor recording 1he final plat of "Heritsge Bay Commons", approval of the standard 101'111 Conalruc:tIon and M,aintenance Agreement and approval or the amount of thl! performanc.e security 1i11i2005 900.00 AM Pr.pared By Snniut Enu1neQlr 12/141.200410:11:27 AM John Houlds;worth Community Developm&nt & En'Vtronmental Service.¡ )atP. f.ngmeurihl) Serllicet> CDES Engine.ering Services Director Dat'e Approved By Thomas E. Kuc:k, P,E, Community DevelopnHm1 & E.n\..ironmental Sltrv,cus CDes Engineering Servicetì 12/14/2004 1Ct:2.$ A.M S;¡ndra Lea D.te A.pproved By Cornmunlty Oellllttoprnltnl & EnvironMental Servic.es e..eC\Jtive Secretary Community Dllv.iop n~nt & Environmental Servinis Admin. 12/14/200411 :3H AM COr'1stmH:t! A, JahlUHlB DatI!' Approved By Community D&velopment & Environmental Service!. OlumttioflS Anlalytit COI"munity Developm.ent & Envirc.nrnenta Service1i Admin. 12116/200411:00 AM Joseph K. St:hmitt Dutit Approv.d By CUlnn)uI,hy D~vn op ru~flf A Environmental Servlca1S Cornnlunttv Davl1'lQpnumt & Environmental Services¡ Ad"1¡nst,.tor COITHm.míty Develoþ,nent & enlJironmttl1tlll S.,rvices Admin_ 12/16/20041:55 PM ONe Coordinator Admif ìstrative ÄuilPliIht Date Approved By County Manager'a Office Office of Management & Budget 12121/20Q4 4:03 PM Matt< 15ackSion 9udUlrtAnalYI;t Date Approved By County Manager's Office Offi(.:e of Management & Budget 121221200412:54 PM Michael Smykowski Milnag.ment & Budget O¡,..ctor Date Approved By County Manager', Office OfficII[! of Man.agllmel1t & Budget 12/22/20043:29 PM CDunty MiIIM,gcu Da~! Approved By J~f 'Ut¡¡ V, Mudd Board of County Commissionel'$ County Manager', OiflcC! 12/30/200< 2:24 PM C"')l.()v «0..... CDOO ......Nv o ......- (l) Z ..- OJ E '='~ (l)cc -::¡ -c CC CC -0-' C (l) OJ « z wº !::!< a:¡ 0 9 i~ ~I i I ! 1< i I~ a.. « ~ L&J t- - CI) i ~I!ì ~ ~ I :!: :!! ! I " I :t1Ø Q1 .... / -.- ¡ - ¡:; t t I , =" J -=. ~ ~. I I r t I t :! :! III ,¡ ~~!i ~ 2!i i I I I a.. I I « t II ~ ç i. z :: :!: ";!i ::~i ð I I z (.) 0 w -......,.., "11'0 - ::J ~ ! t o I ~ I ' S" U "; ~ 2!i 0 Ii I ...J 1(- i, .;1 ~ It Q ~I!I ~ ~ d'2J '18i ¡I. 1<, I QN^ßICII1MO'1 ij . it to I~ R ¡ . It. lie IIli 1111. Agenda Item No. 16A4 January 11, 2005 . Page 1 of 34 ..- EXECUTIVE SUMMARY Recommendation to approve Lien Resolutions for the following Code Enforcement Case Numbers: 2004090342/Galloway, Barbara, 2004011292/Joyce Et AI, Wallace Landon, 2004080049/Wisniewski, Leonard, 2003060430IPark East Dev Ltd., 2004090674/Caruana, James & Rachel, 2004080496/Buchman, Walter, 2004090347/Golden Florida Resort Inc., 2004090870rraylor, Peggy H., 2004080475/La Quinta Homes of SW FL Inc., 2004080474/La Quinta Homes of SW FL Inc., and 2003120304/Arevalo, Jesus & Rodriguez, Maria Cruz. OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91- 47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. ,- CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owners have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation detennined 09/09/04 b. Notice of Violation served nla 2004090342 Galloway, Barbara c. Notice of Violation Posted 09/09/04 $255.00 d. Unabated nuisance verified 09/21/04 e. Nuisance abated with public funds 09/22/04 f. Owner invoiced for costs 10/05/04 a. Violation detennined 01/30/04 b. Notice of Violation served na 2004011292 Joyce Et A~ Wallace c. Notice of Violation Posted 01/30/04 $255.00 Landon d. Unabated nuisance verified 02/09/04 e. Nuisance abated with public funds 02/ 18/04 f. Owner invoiced for costs 02/20/04 .-.. Agenda Item No. 16M January 11, 2005 Page 2 of 34 ,.....- a. Violation determined 07/30/04 b. Notice of Violation served na 2004080049 Wisniewski, Leonard c. Notice of Violation Posted 07/30/04 $255.00 d. Unabated nuisance verified 08/11/04 e. Nuisance abated with public funds 08120/04 f. Owner invoiced for costs 08/31104 a. Violation determined 06/12/04 b. Notice of Violation served nJa 2003060430 Park East Dev Ltd. c. Notice of Violation Posted 06/12/04 $255.00 d. Unabated nuisance verified 06/23/04 e. Nuisance abated with public funds 06130/04 f. Owner invoiced for costs 07/23/04 a. Violation determined 09/09/04 b. Notice of Violation served nJa 2004090674 Caruana, James & c. Notice of Violation Posted 09/09/04 $255.00 Rachel d. Unabated nuisance verified 09/21104 e. Nuisance abated with public funds 09/28/04 f. Owner invoiced for costs 10/05/04 a. Violation determined 08/12/04 b. Notice of Violation served na 2004080496 Buchman, Walter c. Notice of Violation Posted 08/12/04 $255.00 d. Unabated nuisance verified 08/24/04 e. Nuisance abated with public funds 09/07/04 f. Owner invoiced for costs 09/17/04 a. Violation determined 09/09/04 b. Notice of Violation served nJa 2004090347 Golden Florida c. Notice of Violation Posted 09/09/04 $255.00 Resort Inc d. Unabated nuisance verified 09/21104 e. Nuisance abated with public funds 09/28/04 f. Owner invoiced for costs 10/05/04 a. Violation determined 09/14/04 b. Notice of Violation served na 2004090870 Taylor, Peggy H c. Notice of Violation Posted 09/14/04 $255.00 d. Unabated nuisance verified 09/27/04 e. Nuisance abated with public funds 10/15/04 f. Owner invoiced for costs 10/21104 a. Violation determined 08/12/04 b. Notice of Violation served na 2004080475 La Quinta Homes of c. Notice of Violation Posted 08/12/04 $255.00 SW FL Inc. d. Unabated nuisance verified 08/24/04 e. Nuisance abated with public funds 09/07/04 f. Owner invoiced for costs 09/17/04 -- Agenda Item No. 16A4 January 11, 2005 Page 3 of 34 a. Violation determined 08/12/04 b. Notice of Violation served na 2004080474 La Quinta Homes of c. Notice of Violation Posted 08/12/04 $255.00 SW FL Inc. d. Unabated nuisance verified 08/24/04 e. Nuisance abated with public funds 09/07/04 f. Owner invoiced for costs 09/17/04 a. Violation determined 12/04/03 2003120304 Arevalo, Jesus & b. Notice of Violation served claimed Rodriguez, Maria c. Notice of Violation Posted na $255.00 Cruz d. Unabated nuisance verified 01120/04 e. Nuisance abated with public funds 02/01/04 f. Owner invoiced for costs 02/27/04 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. ,..- FISCAL IMP ACT: A total reimbursement of $2,805.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $18.50 per Hen, (11 Hens) totaling $203.50 which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMP ACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. Prepared by: Shanelle Hilton, Administrative Secretary ,-' -- Item Number Item Summary Mooting Doto Agenda Item No 16A4 January 11, 2005 Page.4 of 34 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 15M RecomlTlendation to approve Lien Re-solutlons for the following Code Enforcement Case Number.i: 20040lW342/Galloway, Barbara, 20040112921Joyc!! Et AI, W.allacc landon, 20040a0049NVisniewski, Leonard, 20030604;?O/Park East Dev Ltd, 2004090674/Caruðn8, James & Rachaì, 20040e0496/Bwchrnan, Walter, 2004090347/Go den Florida Resort h~c. 2004090B70fTaylor, Peggy H., 2004D80475/La Quints Hames of SW FL Inc., 2004080474!La Quint.a Homes of SW FL ¡ne, and 2D03120304iArevp!o, Jesus &. Rodriguez, Mari& Cruz 1111/2005900:00 AM Prepared By Admìni:litr3tiv~ Secretary 12/13/%0044:32:41 PM Sh,¡nelle Hilton Community Devolopment &. Environmental Servic.es Date Cod. Enfo"~( ment Michelle Edwnrd:ti Arnold Code Enforce.ment Dirot.1:or Dnte Approved By Community Development & Environment.) SClrvi<:e.'i Code Enforcement 12/1512:0042:50 PM Sandra Leø Doate Approved By Comrnunity D"vf',¡opment & fnvlronrnl!'ntnl SO"rvïc ~" Exec.utlve Secretary Community Delo'elopmunt &. EnvlronmJllnta.1 SlP.rvkes Ad".'"-, 1Z/1112004 3:05 PM Approved By Ollie Canst.anc:e A. Johru,on Community Development & Erwironmental Servic.es Operations. AnalYiOt Con1munity Development & Environmental Service.. Admin, 12 17/~OU 3:50 r~M Joseph K. Schrnitt Date Approved By Community Development & EnvlrOl1mQotnl Scnricl!lt CI>lmnunity Devel(Jpment 11 EJlvirDnmøntll1 $trfVic:os Admìnstralor Comrnunìty Development & Envilunlnt!ntal Sltl'Yitell Admin. 12118/20048:02 AM Operatìon5 Manager Date Approved By Janet Powers CmnnUJnìty Oevnlopmp'lIt & Envïronment.11 ServlcfM. Code E!\forcemeot 12120/20044:24 PM ONe Caonlinlltor A.dn1Ínjstrative Auìstomt Dute Approved By County M.an..ger's Off tee Office of Manllgement .. Budget 1%/2t/2004 4:02 PM Michap-I S",~ (owski Muml{Jornf'int & audl)tlt DlrectDr Dattt Approved By CDunty Mnr1nç 4Ir'~ Of1i(.~ Of1 (;1tI of M¡¡nagll\nlfl'nt & Bl.ld'llcl 12/:311200-& 3:24 PM Jamu V, Mudd County MoIIn.vet Oõlta Approved By Soard of County CommiuionÐr5 Cc>unty M.nagC\t's¡ D1fic:C\ 12131/200.3'21 PM ----- Agenda Item No. 16A4 January 11, 2005 Page 5 of 34 RESOLUTION NO. 2005- .._ A RESOLUTION OF TH.B BOARD OF COUNTY COMMJSSTONF..RS PROVIDING FOR TIm ASSESSMF.NT OF LIEN FOR THE COST OF TIlE A.BATt!MF.NT OF PUBUC NUISANCE. IN ACroRDANGE wlm ORDINANCE N<>. 99.51, AS AMENDF..]) WHEREAS,.. prOVIded in Ordínonoo No. 99.51. os aueeoaor 10 ÙTdÌlllllce No. 91-47, .. amOl1ded. lbe dircc:l c:osI8 of abatemertt of CGtIain auisaDces. includiJl¡ JII1"ICribcd adtrùnØtnat¡"" œst incumod by the Coumy, shall be ........,.¡ agaÚISt sw:b II'Q >Orty; and WHEREAS, the cost thereof to the County.. 10 each porcel IbaIJ be calouIa!ed and reported 10 rho Board of Counry Commi.uioœn.. IOf,cthcr with a <k:><riplion of IIIid partd; and \ilIHHRf:AS, such ......."""'1 ohair be I lepl, valid and bindin¡ obli¡atíOl1 upon the properly agaimt which made until pajd; and WHEREAS. the assessmenl shall become due and paysble no later than tWIJQly (20) days of the da1<: ot Ibe 1..cgnI Notice of A_ and inlerest IIha1J aocnIe 01\ the unpaid balance beQinoina on the dill. 11m RaolutiOll Ì5 recorded at lb. rale oftw<llve >OnOðOt (I~%) peronnum. NOW, TIŒIŒFORF. BE IT RESOtVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER ("Á}UNTY, FLORlDA, thai the ¡vopeIIy de5cribðd u follows, haviDg been abated of a public nuisance aller due ond proper notice thareof to the oWtlor(a) of said property. ìs hc....by aaleS!led the following COII8 of such abatement, 10 wit: &æ¡ GALLOW A Y, BARBARA LF.<'.AL DESCRIPTION: See alllCbed lWúbí\ "A". ,!;Qfi¡ $255.00 REFERENCFJI: 2616 ~ 1131800000 The Clerk wI! (by regulc mail) nwl I copy of this Resolution woo¡ with Ibe Notice of Aue1sment of Lien 10 !be Owncr(I) of the above-described property. If wIth1n twenty (20) days of the dat<: of majliaa that CO 1y, the owner firiù to detiver >Oytn02It in ful to Collier County, the Resolution and N<>tice of As_ent shill be rtICOIded in Ole offi1:ial records of Collier County, and by rec:onIiu, iIhalJ consIitllle a Uen against the abov~bed rtaJ property, and 10 the e1Ctenl aJ1awed by law, shall also be a lien upon all other noal andlor penonal property owned by thellOted J'l"'Pt'l1y øwnet(s) in CoUicr Couaty. This Resolulion þISSed and duly adopwd by the Board of County Commissioners of Comer CoWlIY, Florida, Ihi. ¡ lib day of Jlllluary, 200S. ATTEST; DWIOHT E. BROCK, Clerk BOARD Of COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA BY: D.;¡,ï.rtÿ(;¡õti. BY:. . . ,ëiìB¡¡;;;¡;¡:¡-- Approved .. 10 fono and legll.umciem:y: ~ -Jl.~ ~ . ........_ Tbonw C. Palm.r, A,,¡s!ant Coumy A«omey 1< UÐV MS'Mt RESOlU'J' ("" -<tl.n-<t ,_OM '0_ NO 0'-=<.0 Z~(]) 0> E è:' ro (])mo.. -;: -c: rom "0-' c: (]) 0> <C ,..""..~__,.__Æ~~. ~ ~ c...Jo - ..", -- ~ c...Jo ~ ....... CD> " " ~ c..... c..... o..c:> ...... '"c:I ~ - .,.... c..... - !~!~ . ë é iJ .. .. 0".:: ~ ..."" c:~ "¡:¡',5 \II t' tot :0: '0 Wš5 ~:¡:;::¡¡ ~ ill 'ill" '<tl.{')'<t «OM c.oO-. ....-"10 ci .,..... r-- Z.,....Q) OJ E èC'O Q)C'OQ.. ....::J -C C'OC'O <:1 ..., C Q) OJ « .. .~~. ~~,,~; ";;" ...;r j. ~it~ ... i2= ~ 11= g c.- - - - .~ ~ "'-» ~ \D ~ ~ ~ ~ c..Jt -.- Con ~ - ~ I'.> .: ~- .-- 6 ]~5 '0:: ~ ..."" ö o,:! ~ :"Ž :2 ø..!'.! >- V> .. tol ex: . 0 ~.5] -.!I: ~ii~ -;§ :!~ 'I '. "'.~~ (J:/f¡¡-e'¡'h. h~l..;r!: Agenda Item No. 16A4 -January 11 , 2005 Page 8 of 34 BOARD OF COUNTY COMMlSSIOIŒRS THROUGH ITS CODE ENFOR(.'DIENT DEP ARTMKNT COLLIER COUr."T'r', FLORIDA LltCM.. 1'101'1(,"£ OF ASSESSMENT OF LIEN GaJtow.y.IIarb.... P.O. Be. 196 EVIIl'J!Iad.. C"", FL 34139 DATE: REF. INV.~ :l6U¡ FOUO /I 11318G011OO8 LIEN NUM8I!R LEGAL J>ESCRn'TlON: l.øt.s 3 IIIId 4, Golden ow., Uni, 6. accordíng 10 the Plat llø=>f; ofrccmd in Plot Boot 5. I'II OS 124througlt 134. oflbe Public Records ofC",lIicr County. Florida You, as Ih<- owncr{s) of the property .bcve-de.ocrlbcd. .. tIICOrded in the """,rd. mI;¡nlained by the office of the Property AJ>I'1'IIi_,,,,,, Mreby advítlOd that the Coo.. F.nf_ Director. did determine" public nuioance ..itte<l ."d constituted. violwOI'I of c:<>unIy regul.liotl$ on Scptombet 9. 2004. and ordered the abatement of 0 œrtllin nw_co exi.lin¡ on 1he above propertY plI)hibited by Ordil1Atlte No 99·5 I and oorvo<l " notice of violation upon yoo. The D\li_ is; PR0Jl18lTEV ACCUMULATION Of WEEDS, GRA..<iS, OR OTHER SIMILAR NON· PROTECTED OVERGROWTU IN EXL"ESS OF E(GRTEF~o\ (ltl) tNCH&81N HE1GflT. You failed to abate ..,..¡¡ n";$llßCe; wlv:mopon. it .... .bated by tbe e.þ<mdilure of pub!;" fund. al a direct o;ost of Fifty-Five ($55.00) DoIlan plUl! an admin1atrllive ""'" of Two Hundtcd ($200.00) 0011... ror ,Iota! DfTWO HID/DRItD JllFI'\'-FlVE DOLLARS ($255.00). Such COIl, by Remlu""" of the Board Df ('A>Ullry Comm¡.,.jooert of Collier C"",,!y. flurida, shill! beeome ~ lìen on your property ",bon "",,,rdo<l after opp<QwI by !be Board. FAILURE TO I.IMEI..X Ph Y THE AMOUNT SPEClFItID IN TIDS NOTICE MAY RESIJl.T IN A UEN AGAIN~î ðL1&J:: YOUR PROPERTI:' IN COI.l.Ili'.R COUNTY. 1-": U£~'Mn1\1.NAi. '<tLOV <{OM (DO_ .,-NO 0.,--0) Z..-O) en E i::' C'O O)C'OCL .....::J -c: roro ï:J ..., c: Q) OJ <{ ;...,. -~ ~ /. h,,~.t-~~. II /:::; ~ c.... - ~ ~ ?; ~ ~ r-.a CD "- " <=> :':' c....> "'"' \,Q t.I'I ..", !ö? - r..> C.ü - ;.0. :.¡.... - ;: ;: ;¡¡.- .. 1!!-¡¡ J·ê ~ ...... .. ... o c:1! ~ ..of !~.S VI ~ t'.,.¡ Bí ,,¡¡¡¡ 0 ~E~j ~¡~ ... " " " '<; "I.C)'<; " .-"- 0 C'? a_ ND ci":~ Z"- ( ) E è:' 0) Q)roro _::Ja.. -c: roro "0-:> c: ( ) 0) « t~~ i~lf "1\; ~ ~ ~ cr-. - .~ ....... ....... - u:IÞ ~ ~ ~ ~ ~ ~ (,JrO Þ'd ~ - ....... c...> ....... ¡. ~... .= : e :'š ':: e ]'.; ~ "'oç .. '" o o~ ~ to'; we ::: '6.5 V> t' 't'1 ft'i -0 oI~ §!i i ~ e ti~ Agenda Item No. 16A4 -January 11, 2005 Page 11 of 34 RBSOl.lmON NO. 21JO:S..__ A RESOLUTION OF THE BOARD Of COUNTY COMM1SSI0NI!RS PR.OVIDIN<ì FOR lliE ASSESSMENT OF UI!N FOR mE COST Of THE ABA11t>.œNT OF PUBUC l\'lJ1SANCE. IN ACCORDANCE WITH ORDINANCES". 99.5 , AS AMENDED \\.1iE1ŒAS. as JI"widf:d in 0ntiDance No. 99-51. as suc.c:essor to OnIÎIImI<:e No. 91-47, .. 1IIIICIIded, the di1etl costs of abatentcù of cerl8ín nuisances. including ~be.d adminìltJaliv. cost incum<! by the Cuunly. shall be BlocsBCd øgaÎtllt ,ucl1 properly; and WHEREAS, the cott th."",f 10 the County IS 10 cuell pun:e shall be C41cula1t:d and "'I'"nod '" the BoarJ or COunly Commi.oioncrs. Io !ctOO w:ith . dcae¡iptioo of said J'III""'l; and WHEREAS. sucl1 a..-mCllt sball be a I.¡¡ù. vatid and bindÌDg obl.igation upon tile propenyagainst which made unlil JWÙd; and WHEREAS, the ~ shall become due and payable no later than twenl)' (20) <ley. of the date of the LegAl NoIiœ o( AMcsSIII.CIII and ÌIIIcrcS! shall """"'" 011 the unpaid balAnce begillAln¡ on the dale UÙS RosoIUÙOl1 is reconled at the rate o(twelv. """""'I (12%) per _m. NOW, 111BREPORF., TIE n RESOLVED BY TIŒ BOARD Of COUNTY COMMISSIONF-RS OF COLLŒR COUNTY, FLORIDA, that die properly de.scribed as follows. IlavÌJ1 ¡ been obalCd of a public nui.un<:e aft... ¡J..., and proper ootice thereof to the ownet(s) of ...i< propeny, i. hereby .......d th. folloWÌDg com of .""h abatement. 10 wit: ~ JOYCE, ET AL., WALI.ACE U.NOON LEGAl, DESCRlP110N. I..<>: 6, Block D, SoUIII Tamiam! Hci¡¡b1S as recorded and planed in Plat Book 3, PaI1l' 401, Public Records of ('",mer County Florida. s.;Q!i],¿ 5155.00 RBFERJ:NCEj: 2502 ~ 7441214GOll2 Th. Clerk shall (by r"&\llar mail) mail a COP)' of Ihis Rcsoh,ú"" uJong with !be Notke of Asoes.<ment of1.<"" to Ih. nWÞèl{.) ofw abo...-dncribedproperty. Ifw:ilhio twenty (.10) doys of the date of mailing Ihat (J()PY, !be owner fail. 10 deliver paYIII"'" ÌII fwl 10 CuDi1:r County. tile Resolution and Notioo of AJleSSment .,hall be re<:o<ded in Ibe officiall1!COfds of ('.oIlier County. and by ,,",ordin¡ shall (J()nstírutc a lion a¡¡aíJ1$l the abow-doscribed real property. and ", the ...tent allowod by law. $boJ11ÙSo be a Ii"" "I'On all other rea] anellor personal property owned by IIIe noted properly owner(t) in Collier Counly. ThíI¡ ù,,,,luti011 "..,cd and duly adoptod by th. Board of c-AUIIly CommißÍo...... of Collier County, FloJi<la, this lltb day of January. 2005. ATrEST: DWIGln E. BROCK. Clork BOARD OF COUNTY COMM~<¡SI()NERS COLLIER COUNTY, FLORIDA AY, DèiiUtiÒerk ~---"-_..- BY, . c.'baimïãñ Approved .. 10 (OrlU .,14 legal.<uffi.icocy: D ---.l~t ¡µL-. Thom.. C. Palmer. A,,;!!f4n! County Altarœy P: U~N/M~1'R. k£$OIJJ110N Agenda Item No. 16A4 January 11, 2005 Page 12 of 34 BOARD OF COum'Y COMMISSIONER" THROUGH rrs COM ENFORCEMENT DEPARTMENT COLLIER COUNTY. FLORIDA LF£.Al. NOTICE OF ASSltS.'MENT OF LIEN Joyce et a", Wallace Lallllft 5.. QaIaDlpla. Ave North lb"..... CC 06473-31611 DATE: RfiF.INV.1I Z5O% !'OLIO 1/ 7441'U4OØ01 UEN NUMBEJ(: LEGAL DESCRImON: Lot 6, Block. D, South Tam¡"",¡ Heigb\> .. m::ord<od and plaited in P!Bt Book 3, hg<: 44, Publíc Ileconb of C.omer (',oun!)' Florida You, II.< !he owner(s) ,,( the properly abo...deserIbeè. .. recorded in tbe rccorcI:< mainl2liœd by tho office "r tbe PmpeI1y Appniser, ore """'by advise<! tIuII tb. Cod. RtÚ"""""""t DireclOl', did determine I public mù....,., ""illed and <:onIItitntod a violation of cotlDly regulations un }'obnlllty 2, 20().4, and urdtrod the abatement o( . <emin nuiJaru:o .xisling 00 the above property "mhibilCd t>y O,dino"c¢ No. 99-5\ and "'tved II noli"" of violllion upon you, The ouìoance ís: PROmBJTED ACCUMULATION OF WEEDS. CRASS, OR OTHER SIMILAR NON· PROTECTED OVERGROWTH IN EXCESS OF EIGIITI!£N (111) lNÇJŒS IN HFJGIIT. Y Oil railed 10 ablllC such nui1oance; wbi\<ClllpuII, il was abated by the expenditure "f pub1íc funds øt . eIi.cct coSI of Fifty-Five ($55.00) Dollan pluo an ud.rníJ\Ì$ú1llivo COS1 of Two Hw>dred ($200.00) doU.... fur. IOt.1 of TWO HUNDRED I"IFTY -Jl'lVE DOLLARS (5255,00). Sucb cost, by Resolutian of the Board of Count)' ComlÐÌS9Íonen; of Collier Cotmty. Florida. ..naJJ become: alien on yo\u property when rto::",ded .fter approval by tbe U<>ard, FAILURE TO I.tJIŒI"X PAY THE AMOUNT SPJ.:CII11ED IN TillS NOTICE MAY RESULT IJI A lJEN AGAINST ~ YOUR PROPERTY IN COI,lJER COUNTY. P 1..r&~S;IMS~l.N"J_ -...-..---,. ."-_._~_..",,.- · Agenda Item No. 16A4 January 11, 2005 Page 13 of 34 RBSOl.lmONNO. ZOO~,_ A RESOLUTION OF THE BOARD 01' COUNTY COMMISSIONERS PROVIDING FOR TIlE ASSESSMENT OF LIEN FOR THE COST OF THE ABA Tt!MENT 01' PUDUC r,iUISANC¡:~ IN ACCORDANCE WlTI~ OROINANCE No, 99.S , AS MŒNDb1> WIIERliAS. ..provided in Ordi-.ce No. 99.51, "~r 10 Ordìaance No. 91-47, u amended. the di....! oo4ls of abatement of certain nuisances. incIudÍDg prcaèIÍbed ocImÌIIÌltt1lIÎ"" cost incum:d by the County, !ball be ~ ogainst sucb propeny; and V.'JJEREAS. the cost tbcteor to the Counl)' as to .och UlCCJ obaIl be W"'1IIated and reported 10 !be Board of County COlNlli>oion.... Ioi<th<:r with . "'I<nption of soid parcel; and WHEREAS. ouch ......_1 !ball be a legal. valid and bindin¡ obligmí"" upon thc propcny apim.1 wIticb IJI&dc urrtil paid; ODd 'W1IFREAS, the aa8eSSInOI1I<hàIl becom. due and peyabk no laler than twenty (20) days of the dale of tbe !.cpt Notice of Assessment and intereat sballlUX:l'1IC on the unpai<! balance beginning on the date Ihls ResolutionÍl 1'OCOrded III tbe rail: of t~l~ porcelli (12%) POI' 8IIOOI1t. NOW, THf;R.EFORF., BE ['I' RlJSOI.VED BY TIlE BOARD OF COUNTY CQMMJSSIONERS OF C-'OU,JER COUNTY, FI.oRlDA. !hat ¡he pmperly d<ocribed II folloW!!, having beuI aboœd of . public nui>an<:e .ft.. due and proper notice !baecf to the Ø~S) of said pI'OJ"!!'Iy, i. hereby .........,¡ the following COII5 of sucI1 abalomcrrt, to wit; ~ WrSNIEWSKl. LEONARD LEGAL DESCRlmON: Lots 33 &:\4. ßLK S, MainJiM Sub. PB 1, PO 98. £Q!I¡ $155.00 REFERENCÞ: :zs9 ; lilldQ..!¡, 56405240008 The Clerk £hall (by re¡ular maiJ) mail . COP)' of this Resolution alon¡: with the Noti"" of A.ssessment ofl.ien to tho owner(s) of the above-described ""'perty, If within twenty (20) days of the dale of mai[iog that <.opy. .... <>W!1eI' faib '" deliver pay_"' in full to CoUier COIUIty, the Resolution and N01ioe of A55c:ssment shall be recorded in \be official n:wrds of Collier County. tIIId by reçording .holI con.titu1e a lie4I ogainlll Ibe obovo-de!ocrlbed mJ lropet1y, and to \be _ allowed by law, shall oJ.., he a lien upon aU oth... ....,¡ and/or ~.\ II'O ICIty owned by the notad property OWl!CJ1:S) in Colli.,. County, Thi, Resolution passed and duJy adopted by Ih. Board of ("-"onty Comrnùsíon.... of Colli.. County, Fk>rido. thi. 11th day of llllWll')', 2OOS, ATfF.ST; DWIGHT E. BROCK, CJc:rk BOARD OF COUNTY COMMISSIONERS COlLIER COUNTY, FWRlDA BY; Dc:,püìyÒëîk BY: .... ....._.."------~... , Chairman Appro",," .. to form and legal .ufficiency; ~J~/_ Thom.. C. Palm.... Assist""¡ CounTY Attómc:y ,- ~-1oU11t ItUOUJl'ION Agenda Item No. 16A4 January 11, 2005 Page 14 of34 BOAJI.D OF' COUNTY COMMXSSIO~ERS THROUGH ITS CODE £NF'ORCEMENT D1!:I'AR'I"MENT COI.LlD c.'OUN'l'\:', FLORIDA LEGAL NOTICE OF ASSt8$MENT OF LIEN W\ual.....akI, I.ceaaanI not N TlllRlaø.I TnJlII35 N. Ft. Myers, FL 33903 DATI!; REF. INV.# 2596 FOUO #. 56-4115:140008 LIEN NUMBER: LI!GAL DESCRIPTION: L.où 33 &. 34, DLK 5, Mainline Sub. PB I, PG 98. You, AS lb. 0\t0'I1A!J($) of the property 4bovo-dC$l:lib«!, II rworded in lIle ICOOnls In8Íntaîned by tho offi¢e of tbt Pmp«t)' Appnlisor, are hereby odvill4d tllII the (".ode Ectfon:erocnl Dim:tor, did de!;",minc a public ~ ..i.11I<1 and <XIIIItitulCld . víolation 0( oounty rosuIatìon. on AIIgUI! 31, 2004, IIIId ord.1aCd IlIe abatement of. ..rtllÍn nuiWlOè ",,¡sting on tM aoovc property prohibited I>y Ordi=c No. 99·S 1 ADd sorved a ",,(ice o(vjol",íon upon you. TI... nUisance is: I'ROtnBITEÐ ACCUMULATION OF WEEDS, G1tASs, OR OTHER SIMIJ:.AJt NON· PROTI:<.TED OVERGROWl'}! IN EXCESS OF ElGllTltEN (Ii) JNCBItS IN HEIGHT. You wled kI abate web nwaw:e; wborcupoo, it was abated by the ~tw'C of public ftand. at a direct o<>St of Fifly·Five (SSS.OO) Doll..... plus /In admilÚJtralive 00Jt of Two Hnndnod (S200.00) doU.... for a total of TWO lWN1>RED FUTV ·FJVE nor.LARS (52Ri.OO). Such coa~ by R"""w)on of Ibe Bœrd of Cooney Commiasìo"",. of Collier County. l'1orida, WID booomc a lian on )"or property when ","ø.dc4 .lI.tr4P1'mva) by tbe Boord. FAJLVIUI: TO D.M&I.Xl'A\' THE AMOUNT SPECIFIED INTmS NOTICE MAY R£SlILT IN A LIItN AGAINST A.IJ.&.I! \:'OUR PROPERTY IN CUU.JKR COUNT\:'. F: IJ&NSI MSTl.LN.AL Agenda Item No. 16A4 January 11, 2005 Page 15 of 34 RESOLUTION NO. 2005-_ A RESOUJ'110N 01' 111£ BOAR!> OF COUNTY COMMISSIONERS PROVIDING fOR TIlE ASSESSMENT OF LIEN FOR THE COST OF THE ABATE.'>ŒNT 01' PUBLIC NUISANc.."E. IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED V'!HERF.AS. as prollided in Ordinance No. 99-51, as amended, the diTel:1 tOOlS of obatemonl of cc:ruW nuisances, im:Judin¡ pl'ClJaibed .....ÍltÍ!ttaliv. <011 Ì1I<:Uned by the CoW1ty, sIuII! be ......od a¡ainal ouch property; aDd WHF.RF.AS, llIo cost thet<cf to Ihe Couney as Iô each Jlh'C\'I iliaD b. œI.uIatod ODd report«! Co the RoaN of Co un I)' CommÌ01ion..... IO,WIcr with a dcac.tiplion ufll1Ùd J'UlC<'I; aDd WHF.R.EAS, ouch III<$CSsmcntlihaU be a Icpl, valid and binding obli.gation upon the property against whieh made until paid; and WHEREAS, the ~ .haJI become due and "","'Ie no later!ba twmIy (20) da)'£ of the dale of the ¡"'gal Notice of AOICS1IIItCDt and iDIueoI sbaJl aecroc on the uøpaid baian<c beginning on the date Ihis Resolution Ï$ rec:ortIed II the rate of twtJve pel<:Cllt (12"110) pu annum NOW, THEREFORE, 8E IT RESOr.VED BY THE BOAR!> OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. Iba1 tbt property <leseribed as foDo..... having b.en abated of. publi< nuUance .aftct d... aod proper notice thereof to Ihe OMler(s) of laid property.;, nere"Y a..~,"", the following costS "f ,uch a""_t. to wit: ~ PARK EAST DEY LTD IJl:GAI.. DESCRIPTION: Tho C<>IfOCt property ref_nee i. on page 2 of Exhibit "A - om.'¡al Records Book 2635, Page 0985 of the Public Rec<>tds ofCoIli.r County. Flc>rida. £œ¡ $155.00 REFERENCF.N: 2307 l.Wd2J!¡ 36453110006 1'h" Clerk oball (by regular maU) mail a <OJ!y of Ihis R...,luûon .Iang ".jib the Notice of I\S$cssmcnl ofUen to the owner(s) of the abovo-de.",rit.ed property. If within twmty (20) days m' the date of maUiII¡; Iba1 <OJ!)'. the 0_ fail. to deli_ pIIymcnt in full 10 Collier COWII,j', lite Rcaolution and Notice of ~t shall be =ordé!d in the t>1T1ciaJ 11!C<>rds of CoUler County. and by recording sball eonsûlute a lien a8"inst the abovt-demibcd real property, and to the CXICIIt "'lowed by law, shall alto be a lion upon "'I olber .....1 and/"r 11aIOIIa! ~. owned by Ole noted propony oINT\cr(s) in Collier County. Tbi. Resolution pauod and duly adoplCd by the &ani of County Commiuioncr.; of Collier C"unIY. ¡'10rida, Ibis II" day of J«nuary 200S A TTF..ST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONIJRS COLLIER COUNTY. FWRlDA II)' Deputy Oed< BY: "----- .. _.~--_._.~ , Chairm';'-- Approved os to form .nd l.ogal suf'fiç¡oooy: -. JiA~. :¡¡;:;;;¡;f~&nJ, AslÌsum County Anom.y - t:IJI!N,"MnRAIJSOJ...U't'1ON .;fL.(").;f ·-0(") 0_ NO Ó"":(D Z...-"'- E~¡g, ( )roro ...,::;¡o.. -c: roro "0-' c: ( ) m « .... ZS86418 01: 2 _mu._ _....__ alP "_""1l1li"',, 'WAlllAln'YÐIID ~ _---._..,..~u. _ ~ ,.,.. - - ._---- ,~4.:~~~~_-.. tIfIr.n --. lat.. . __toM ......... _____-Ulll _...... tIa1U. ................-. ~....uII_..........,........-."..._IIIftII_ IO'MO. _____.,.IoI:IIIIU~~ "'..-......-......,....... - ~.,,~..~~=:;... .. _.....,._IMo._aa.f.___.. -....... -_ _. ..-......__.._..114__. __ ........ ._....u._._. .. - , -- -...:no~-'----" .....0IIII:r,"_1II!'tott........-........=......."'- ::-~~:...=-.._...-=_..- ..,..,--- .,..~.._---_.-..._'*-".. .~r' ' ..~~..Ia-_....,...,......_..... , . ioWoo-""~ ,.:i·· .; ~. . '. - ~ ~~~ -'1.___ -I-- '.J18 -- ------.~. -~.' , -- , -'-.m'& .......~ Øo æ-:---.. ~.... - .. ....ut _ .-- --..- -~'I-'-- ...- 61 III- ' .iì "j ",- EXHIJHT "A" FAGE 1 l1li .. ..... -.... .... l1li." .~"-----'~- CXIII'rØIII:U'IC* 07 LIIIWo ~ ttt OR: 2635 PG: 0985 *tt Lo.... 13. U. 15 _ 14. alock Ul. Late 1. ~. ) urd C. aløclt an &ft4 J.ot. 1. a. 3. c. S. ,. ..." 7. Block 2U. ÇOU)IK ÇM'I VIII'!' '. ICCOrd1nc¡ to tha plat thornot. .. ....eorde4 1.10 plat Iloo11: 5, JI&4JM U5 tJsrouqh 1". Ulcluaho. P\lÞ1ie IIieCOrde of Collier COUDt.y. r101:'1<1&. IDJS, Pw :r&f_Ùœ ORly. ftx%D nnU1.00K· 1'aIt %D 'J01"'000t '1'a rCl 13"51300001 '1'_ %J t:tHhhOOOO _ UI .31"10.0001 'I'u 10 ÐU4UÒOOO' 'J'u: ID tu.u1:J200a. ... Tax XJ) 13£311.00005 '1'... 10 ''''5212000' ftx %D IUUJ2'ooO, 'I'a: ID 1J"11I10802 '!'ax .to 1)'UU20005 'root ID 1)"I1UOOO. I!XlUJ¡I¡ "A" PAGE 2 '1'&>; ID UÐ1U'0007 '!'ax .to 1)"5n,000. '1'.... tD 1.\"512'00111 11"" :tJ .3IC$)Coo001 'Ì'oX %J '3"41140001 '!'ax 111 t3UCUIOOOO .', Agenda Item No. 16A4 January 11 , 2005 Page 17 of 34 .~ Agenda Item No. 16M January 11,2005· Page 18 of 34 BOARD OF COUNTY COMMISSlONER~ TlfROUGn ITS COIlE £N'FORCEMENT DEPARTMENT COLLIER COU!'4'Y, FLORIDA UtGAL NOTICE OF ASSESSMENT OF LIEN Park East Ðev Lid 5045 Park Centl'1l1 Ct Napl... PI, 34109 DA TIì: REF. INV.N 2301 FOLIO N 364$3110006 LIEN NUMBER: LOOAL DESCIUP1l0N: The corrm propcI1y reference is on Pille 2 of Bxbibil "A" Offielal Reeords Book 26)~, Page 0985 of1he Public Records of Collier County. Florida. You. as tbe o_(s) of tb. prop"tty abo*œlCrlbod., as recorded in lite .....,,<Is ma ntQj...d by Ihe office of the Propeny API'rablet, are IlUtby .dYÎ$ed that the Code F.nforceme.nl Direclor. did detomUnll a puNk. nui_ .xisted and COllltitllled . violation of county re¡ulatioos em ~ 30. 200). and ordered lit. .boIomenl of . certain ",,¡.ance 0Kistitt¡¡ QJ \be above propart)' prohibited by Ordinanc. No. 99-S! and sorvod" noûoo of violation upon Y"", The noi__ I>: PROHlBITfJ) ACCUM1Jl.ATION OF WEEDS, GRASS, OR OTlIEIt SIMILAR NON- PROTECTED OVERGltOWTR IN EXL"ESS 01' EIGHTEEN (IS.INCIŒS IN 1ØlGH1', You f.iledl" obøte .1Iel1 IIU[...I1""; whereupon, ;\ ..... .bated by 1he expendiWrc of public funds al a dùect cotl of Filly Pi"" ($.55.00) Dolla... plus an administrative cost of Two Hundred ($200.00) dolllltll for . 101&1 of TWO llUNDRED AND FIFTY FIVE DOLLARS ($255.00). SIIC" (:os!, by R.coolulion of the Board of County Commi.síoners of Collier County. Florid., .¡,0I1 becumc alien on y_ propertY when recorded Wr II\>PnMll by the Bolin!. FAtLVRETO I.WEL1: Ph Y TUE AMOUNT SPECIFIED IN THIS NOnCE MAY RESULT IN ALIEN ACAlNST A!J..QI!VOVR I'ROJ':&RTYlN COLL£ERC'..olJNTY. F'.l.IEN$lt.CfJ'K I..N^,. ~~---- '<;f"l.{)v «OM <.00_ ..-NO O~~ Z"- OJ E i':'OJ Q)roro _::JQ.. -c: C'O ro -a ..., c: Q) OJ <C ~ 251"11 II: 26 __1_ _....__ ,.. IIIWIIIJIUI__I. WAIIAMlYDIIIIÞ ~ _-... Of I>'''j¡n( J .,...-_. .--- '~::"1~-=:~ I8I'\.ot --. LM.. . __....._ "'"-" ---_.--.~ I+.U' -a.oco'" 001u.., .........................-,. -rJ1,I;CI'ÜiJ.~-=rg..~~~~.a: ,........,.. --""............................ -........- ;:~.::=::'"'".,,~.......~~-_..... ..... .. .. H ... ft. -.-au. __ ...... ____ .. ... þAM: ~f .. ......... .. '*- .... t, .... 1M .........u.. Jadu1w. ........ ,_ of IIoIùor _.... _. . PC: ot84 _ _.. --.11 ... . I.... - .'.11 tI\I.Ø - . - ..-:no_--.~____.. ...---.........--..--..........- ~..-:.-:-:=-ft·_ ~_.._...,.....~ . ~~---.."".._..._._Io.._.. ''',' ~. ..-..ao,..w..._.............._.._ .~- ;¿ {.::~.~ ~ --~- ~. .~ .........~ _l._.__ -...- _or __I ..... .. ..-..........~... ....... '.Jilt .. .......:r ~ .::.:._~.- _10 .I!!! .. ~1IiIi .,.,,~ ~PI":'III.·...·1o'('·þn·'f":'\ t\"\'II.'..'·,..;'..··...·.·,.. . ··a..·.. .... " _ ... .. .'~ ~ ----...... _1aItII'J'1:' , - ,-~.. _u.~... _ __.. c..... .... :-:. .:..: Mo.. ..... 'f ......... ~...--..WICI(..". ... ..- 6' III- . .ii "1 H- EXHIBIT "A" PAGE 1 ~ ~ LIIQ.L ~( f ~tj OR: 2635 PG: 0985 ttt LoU 1). H. 15 .oK U. .locl< 2U. Lot. 1. 1. ) uð ~, IIJ.oc1r. 161 and Lot. 1. 2, S C aø4 '7 .lack 263 GOLDIItI QM'l; 01111' '7. acc<>rd!.ng ta I:M plat ~.~:"'t: .;. n4.II:'W.I.n 'lAt'lIOOk 5. 9__ 135 throUOh 1(6, 1I\C~II,II1V.. J'111:1l1c ueð\'da at Colllu CCNDty. florida. _, roc :tat_UCla 0111:/" .... II) Unm.OOK ,. :ED 'UU..IOtO, .,... 11:1 U,'SJ:loooot "- 11) t.3lHU32OOGO .,... ID ':11""1000' ,. 11) "IUUClClOOC 'hoC ID '3IU1UOOO' ..:. _ ItI Ulnae00005 '.fu ID .:JfU3lUOO, 'hoC %II IJ'CSU4.000t '.fu :tD .JlUU'0002 'f... %II n'U1U0005 'I'U: ID 13'4&124000' EXIU"&I:J: "An PAGE 2 '1'... m n'31.n0007 'I'U: :tD ""nuoooI '1'... 1'1) ''''53210001 'fax %II U'.S340OO01 Tax %D .UII11'0001 'I'ax %D nUU2IOota . " Agenda Item No. 16M January 11, 2005 Page 20 of 34 .~ Agenda Item No. 16A4 January 11, 2005 - Page 21 of 34 RESOLtmON NO. 2005.__ A lŒ<¡OumON OF mE BOARD OF COUNTY (,'OMMlSSfONERS PROVIDING POR TIlE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUDUC NUJSANCE. IN ACCORDANCE WITH ORDINA.>.¡CENo. 99-51, AS AMENDED WHEREAS, IS ~ ínOldinorw:eNo. 99-51, a.s~1o OrdinanœNo. 91-47, .. 4Il1eI1ded, the di""'t costs of aba10mcnt of certain DUÌOIII1œ$, inc:ludiDg praafbed Idminillrativ. cost IItCtD'TCd by the CotIRty, shall be ",,_<i<d against web prnp<tt¡~ and WHERF.AS, tho COlt thereof to lb. County as to """" pom:I shall be calculJJled and reported to the Board of ('.(OUOty Canuni..io......, 'U !eIber wilb a doocripû<>n of said ll:fCeI; and WHEREAS, »ucn .....mrent sholl be a I.sal. valid and binding obligation upoIl !he pmpen.y against wh.ieh mid. until paid; and WHEREAS, 111. ......,..."."t sbaIJ bec""", due ""d payabl. no lacr than twenty (20) dsy. of lbe dat. of the ¡..,pl Notk. of .u.........nl and interest shall ,,"rue on the unpaid baIau1<:c be Ïnnin ¡ 00 the date 11m Resolution i. r=wd<d .ttbe rate oftw.lve I""""nt (J?%) per 1UIJ1Um. NOW, THEREFORE, BE IT RESOl.VED BY THE BOARD OF COUNTY COMMISSIONliRS Of cor.tIER COUNTY, FLORIDA, that Ibe ,,",pertY described IS Collow., n.víl1J1. been abftJCd of. public nuisance Ilkr due and prc 1er ""licc Ib"",of to tbe O",""r(I) of ....id property, is hen:b}' ..JCUed the folloWÎJl ¡ cum of such abatement, 10 wit: &.ME¡ CARlJA.\IA. JAMES & RACHFJ. LEGAL DF,SCRlP11ON: Lot 71, afthe PO<1 of the Islands, PhaIe II. oc:cordiD l1O tho map or plat Ihereof, ret",n!ed in Plat Book 21, P8 eS 1 through 4. oflh. Public RecoÞIa of Collier COWlIY Florida. .k2I!1¡, S25S.00 REl'ERENCEII; 2'10 f21.:W..!¡ 68341OMJ~ The (,I,,~ ,hall (by re@Ul81 mail) mail. ""'PY or .hi. R_lutíou aJong with the Notice of A-..ment ofUen to the o,,'!IeI\'~) of !he abovc-de.cribed propt:I1y. Ifwithín twmly (2fJ) day$ of the date of mailing that COPY. the owner bib to deliver paymenl i. full 10 Collier Cawny, tho ResalutiOll and Noti.., of Astoesslllellr shnll be r<:<>otded in !he allki.1 records of Collier C"'",ty, and by recording .hall c:onstitute . lien agoin.1 tb. .bo~ribed real property. and 10 1he exIenI aUowed by Jaw, »hall abo be a lien u X)n all 0111.,. real and/or personal property owned by the noted property o",n,,1'(') in ('",lIier(':ounty, This Resolution passed and duly adopted by the Board of COlmly C",mmi..iOl1Ct1l of CoUier COWl!)'. Florida, thi. 11th day of January, 200S. ATIF..sT: DWIGHT E. BROCK. C!<:rI< BOARD OF COUNTY COMMlSSIONERS COI.LlER COUNTY. FLORJDA BY, Deputy-Clerk UY,_ .......---. . awrmín-- Approved .. to form and legal ~¡ebC)'; ,f) . ---1Q~ '!ltomas C. Palmer, As.ís1ant County Altorney " t...tf'SJ Mm J.F.rolJ.mùH Agenda Item No. 16M January 11 , 2005 Page 22 of 34 BOARD OF COUNTY COMMISSIONERS TØROCGB rrs CODE ENf'ORCJtMENT D1!.PARTMENT COLLIER COUNTY, n..OlI.1DA LEGAL NOTICE OF ASSESSMENT 0.' WEN CCI'IWI" J..... 4c 1UcboI -«i KoirtIIcky St. Lolls Bach, NY 11561 DATE: REF. INV.I# 2620 FOLIO 11 611300Ð0341I(í U£N NUMBER: LBOAL DESCRIP'!'ION: lot 71, of lb. Pun efll.. IollUld., Pbu.1L .ocordu's te Ihe mç or pia! thereof, re<x>rdcd in Plat Book 21, Pages ltblwgh 4, ofl~ Publk Record. of Co¡lIier CoUDI)', Florida. You, lIS Ibe o....ner(s) of the property .bov.-<I~ as tooorOed in the m:ord. maítJt&ncd by 11>. office of tll. Property Apprai...., ate hereby .dvised IbIIl II.. Cud. I!nf'orcenulnt DitOdOt, did deton1.Ù1", . public ".....".. ""Ùiled I\I\d constituted. violalioo of eounty "'pions On SC >Icmbet 9, 2004, IUId ordc:cd iii. .b1IIo"'CI11 òf. curtain '",¡SOIIce ""iSlll1 ¡ 01\ the above property prohibited by Ordinance No. 99-S I ""d urved . notice of ,,¡olfttion up.,n you. The nolinnc. ;., PROHt8JTEÐ ACCUMULATION OF WEEDS, GRASS, OR OTHER SJMJLAR !'ION- PROTECTED OVERCROWrn TN F.:xCESS OF '&1GRT1:EN (IS) JNCIIES IN HEIGHT. You f.iled t<I abate sU<:b nuiSM<:<>; wltcn:upon, it WIL' abll1ed by tb. ..pend;t..... of public funds a! a dirtet <oS! of Fifty·five (SSS.OO) Donars plus IUI odminis1ntíve <OIIt of Two HlØ\dred ($200.00) dollm f¡,>f. t4tal of1'WO HUNDRED FlFf1{·F1VE DOLLARS ($255,00). Sucb co,~ I>y R_lutioll of tho noård of County COnwt"""n.... of Colli« Cowuy, Florid... shall becolDe . Ii... on your properly when ......n!<:d after approval by the Boald. FAILURE TO IIMEJ,.X PAY THE AMOUNT SPEClF1ED IN THIS NOTICE MAY RESUJ.T IN A LJItN AGAINST å!tL.Q[ YOUR .PROP£RTY [N ('"OLLIER COUNTY. f'I.IBN$'M$TP.¡.N.L ^..--",--~'".. Agenda Item No. 16A4 January 11, 2005 Page 23 of 34 RESOLUTION NO. 2005- ^ RESOLUTION 01' TI:iE BOARD Of' COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF IJEN FOR THE COST OF TIlE ABATEMENT OF I'V8L1C NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51. AS AM!!Nt>ED WHEREA.'S. as provided ÍtI OrdÎnlntc No. 99-51. UIStICCCMOr [0 ~ No. 9]-47, as 811\et>ded. the dilcct COS(S of aba_ uf certain nuisanca. includine prescribed adn!itWIIrativc: COSI ;"curmJ by IIv: Coullly. shall be __ ~ such ¡>roperty, and WHEREAS. the cost thereof [0 the County as to eacb parttl sbaIJ be <alculated and re¡>o""'d 10 the BoIld of Cou",)' CommisrioDel'S, together with II description of :raid 1"',"1; and WHEREAS, .uch IURSS.....U shall be II legal. valid and binding obligttion uron !be pMpctty a¡¡ainst whim maœ until paid; and WHEREAS, the UfCSSmcnl shall become due and payable no later tIuo IWenIy (20) days of the date of the Legal Notioa of Aosessmcnt .,d in_ .ball litem!: on the unpaid balonce bcgínning on the elm. this Rcsolulion ia re<:ordcd at the ral. oftw.I~. pcrtCnI (12%) per 11IIIIWn. NOW. llllliŒFORE, fiE IT RF'sOL\'F..D BY THE BOAlW OF COlINTY COMMISSIONERS OF COLUER COUNTY. FLORIDA. IhaI the property described as follows, havíng b..., ab.1Cd or. public ..uiaanc:. a.ftcr due III1d proper notic. th=of to tJu: oWTlCl(s) o1:raid property, is hm-.by MSCISCÛ tJu: foUowíng cosu of such abatement, to wit, ~ BUCHMAN, WALTER IJI'-GAL DESCRIPTION: Lot 1 )7. I~ly County Club, Palmetto Dunes Section, oc:cordlll ¡ 10 the plallllereof... recorded iu!'lm Book 12, Page 99, of the Public Re<:ord$ ofCollicr Ccuøty. Florida. ~$1S5,OO RKFER£NCEI/: 1610 ~55Z542BOOO3 The Clerk """'I (by f1.'8ul... mail) mail a copy of thú Reooluti01l aJona willi the Nmice of AaesS1Mlu of Lien to the OWMr{S) of the abovo-dØ$Çribecl property. If within twenty (20) days of Ibe date of ",ailing ilia! col')'. tbe owner [ails 10 doJivor Iaymont In fulJ 10 Collier County. the Re$OlutioJl and Noli"" or AsIle.'SIIlOJlI shall b. "",ordcd in lbe official ~rd. of com... County, III1d by rocording """" constJl11«o . hen againor the above·dcsoribcd real 1t'Opc:tIy. and to the oxtent aUom:d by law. shall also be . Ii"" upon all other "",I and/or pcnonal ¡>r<>perry """"" by the noted property ow~.) m Colli.r County. Ibis Resolution passed and duly adopt<:d by ,he Board of County Commiuione" of Co!!icr County, Florida. this I] lh day of ¡M...", 200S. A TI'b"ST: BOARD OF COUNTY COMMIS510¡"'ERS DWIGHT E. BROCK., Cletk COLUER COUNTY. PWRJDA BY; DeputÿcíO¡¡-'--- BY,___ . Chairman Approved .. 10 form and ¡ceal suffICiency: . Thomas~ma.~{~; AlIooJey F: UI.""NI MS:i1l R.E$Ot.1rt1ON Agenda Item No. 16A4 January 11, 2005 Page 24 of 34 BOARD OP COUNTY COMMISSIONERS TlIROuon ITS COÞ££NJ'ORCEMENT УPARTMVIT COLLDtR COUNTY,t"LORIDA I,EGAL NOTICE OF ASSItSSME!\'T OF WEN Badm..... W1llter 31. ............. Cir N.,ta, fit, 34113 DATE; REF. INY.# 2'10 FOLIO II 55254210003 LmN NUMBI!R: LHGAL DESCJUI'TION: Loll (17, Lcly County Club, Pale_ Dunes SlIOtion, 8CCOI'dir>g to Ibo plat Ú1«I:Oc, 1$ rcourdod in Plat Book 12, Pa*" 99, oflbe Publì" Roc:or<h of Collier Cowry, f1orida. You. .. Ihe owner(s) of Ihe property abòve-desc:ribed, .. recorded in Ih. record> m&Ínlftined by tIu: oflicè of !be Property App"';oor. ... hereby odvis04 0..1 Ih. Code Emorcemont Direckor. did dclðrmmo a public nui_ ",,¡!led wid COIUI!ítutcd . violation of <Xf\IIJty roauJa!i..... on AuJU$l 1'2. 2004, ..,,¡ ooIcmJ a.. .bMemont of a COttaJn ow_c. t:OÚsIÍII¡ 00 !he .boy. property prohibited by Orm""""" No. 99·51 and sctvo:<! a noti". "rviolation upòtl you. on.. ouí,an<:Ç;': PROWIJ1TID ACCUMVLA.TION OF WE.EDS. GRASS, OR OTHER SIMILAR NON- PR01'ECT.ED OVIGRGROWTB IN EXCESS OF EIGHTEEN (18) INCHES IN DEtGRT. You fajlod to abate such nuiøance; wbol'C1l l(>n, II Wù abaled by tb.. eJlpondilWc or publio fund< al a diroçI cell of Fltly·Five ($55.00) D!¡U.... plu$ .... admlflijttatJvo co. of Two Mona.... ($200.00) doll.... for a total ofTWO HUNDRED FlJIT\'·t1\' E DOLLARS (S25S.oo). Suà1 cost, by Resolution or w Board of County {'..,ml~ of Collier County, Florid", .hidl """"ro..li"" on yOu' property when ro:cordod after "1'1',,,,,.1 by tbc Boord. FAILURE "0 I.I.MJi'J.X PAY TIlIt AMOUNT SPEClFßID IN THIS NOTICE MAY RESUL'T ~ A l.IEN AGAINST AIJ...QI YOUR PROPERTY IN <;;OLUER COUNT\'. F: UBNSI MSTkl..NAL Agenda Item No. 16A4 January 11, 2005 Page 25 of 34 RF.sm,lmON NO. 2005·_ A RESOl.UTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSF.8SMENT OF liEN FOR TIlE COST OF THE ABATEMENT OF PUBLIC NUISA."ICE, IN ACCORDANCE wm! ORDINANCE}!... 99-51, AS AMENDED WHEREAS, as provided in Ordín"""" No. 99·51. "" "'''''e&5ót to Ordinance No. 91.47, as amended, !be direct cotU of abMCm<:llt of cert4iß ..,,;-. íncludin, pracribed adminístmtí"" cost incurred by the Comity. shaH ~ assessed ApÎIISt IIICb property; and WHERr:.AS, !he cost thereof '" tbo County as 10 .od! porce! shall ~ caJculatcd 8IId reponed 10 tho !Icard of COlIDty C'.ommi..ionc.., toJdher with . descriplion 0{ said perceJ; and WHEREAS, such ",s=t ,¡wI be a ¡efI.'Ù, valid and hindin, obliption upon the >fOperty "f tÎnSI whieh made until paid; MId WHF.REAS, Ibe ~ shall bcco!n<, d'Ie nnd payable no .løter than IW01rty (20) days of the dale )f the I.cSoJ Noti... of Assessment and ín_ slWl _ 011 !be unpaid balance be¡:inn.ing on the dste 1111. Ruao!ution is recorded at the rate öftwd..... pen::ent (12%) per tutD\m1. NOW, THEREFORE, BE n' RF.~OLVED BY THE BOARD OF ('t)UNTY COMMISSIONERS OF COLLIER CO\JJlo'TY, ¡',,OJUDA. that the ".-orerty described lIS føllows, havin¡¡ been abated of. public nuisance aller due and proper notice thereof 10 the ownct(s) of wd propeny, is be.eby ao.es.<e<J!he {ollðwWS CDS ¡ of such sbolemODt.to wí,: .!!åMfi¡ GOWEN Flt)RJDA RESORT INC LEGAL DF.scRIPTION, LoI64.oflhc PO!1 of the Islands, I'IUI5c Two, scc01ÓinJco the II'IIIp or pW 1I=:of. ultCOtded in Pia' Book 21, P"JI'" 1 throUAh 4. "fthe Public R.ocortir< of Collier County, Florida. ~ S1.~5.00 REFERENCE." 1615 .f2LW.!¡fi8JOOOO3286 'r¡,., Cleric .!WI (by regul",. mail)"";1 . ""flY of this RcaoIuL¡on alo"J with the Wolke of As:lCSllment of lieD to !he ownel(s) of \he ubo~ribed propctly. f within twenty (20) days of the d~ of mailing that OOPY. !be owoc:r tails to deliver pnymcn! io full 10 ('.ollie: County, !be Iœooh1lÍon and Notice of A_ment shalt be =ordcó in the official records of Collier County. and by r=n!ing ohaJl co.wtllle a Ii... 0 IAÍns1 !he obov~t1iCrÍbt:d real property, and to the cottent allowed by law, ohaIl also be. Ii"" upon all other leal andIor personal property owned by tho nOled !JT01IC11)' owner{s) in Colliet County. This Resolution pao.scd and duly ad.:>pted by the Board of County C'ommi.sioners of Comer County, Florida. this Illh day of Jonuary 2!1OS. A TrEST: BOARD OF <:DUNn' COMMISSIONERS f)WJGlH E. BROCK, Clerk COLLIf!R COtrj\.'TY. FLORIDA BY: Dq>Uly Cleric BY. - -- --------;<S;¡iliñiiiñ"·-· Approved as 10 form and 1.0. gal SU~ìency: j)J~- ~~- 11¡¡;'n;;.(!. PoJ.-, A..istam ('.ounly Annmcy F:UTWMST.kIU::6(~ Agenda Item No. 16A4 January 11, 2005 Page 26 of 34 BOAIlD OF COUNT\:' OOMMISSIONERS TIlROUGH ITS c..'OI)E ENFORCJtMENT DEPARTMENT COLLJU COUNTY, FLORIDA LEGAl. NOTIC& OF ASSJ!:SSMltNT OF LIEN <ioIdeD Florid. Reeort lac U CIIft'SI. W. OI'1Ull" NJ 0765: DATI!: REF. rNV.# 1615 FOLIO # '8300003186 LIEN NUMBER: U'.oAL DESCRIPTION: 1,0t 64, of u... Port of the tsl....œ. Ph_ Two, ICCOtding ro the mop '" plat Ili«eof, AS recorded in Plat )QO!< 21, Pnaes I 1hroU8b 4. "flhe l'ublìç R""",ds of CoI1icT Co1lllly, Florida, Y 011, as lb. oWl1Ol(s) of Ihe properly abav.,.dnaibcd, as recorded in the records llllinwned by \he Dffice of Ihe l'ropcIrty Appl"liser. are hereby odvised WI the ('.ode Enforoen>ent Dlrwtor, did dòlem1lne " MIhlic oui_ """tad and coulliMad " viol..ion of COWIIy f1 ¡¡ulaUofl$ un St:pt<llJlbcr 9, 2004. nnd 0I'dm:d the .baten>Cl1l of. çer Ùn nui....ce ""isling 00 \he above property pro!ubilèd by Ord!rw>ce'No. 99-SI and "",ved I notice ofvio!at;M IlT"'n yòU. 1'be nWUIXð is: PROHIBITED ACCUMUI.A'no.-. OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH L"I EXCESS OF ItIGlITEEN (18) INCIlES IN HEIGHT. You làilcd to IlbAt.. 8Uc:h nuJ"""",; whenoupon. it WAS .hated by the .xpcuditurc of pubJic funds at . dire« CMI of Flfty·Pive ($55.00) Doll.... plus an odmìniatntìve cos1 of Two Hundred ($200..00) doJl.w for. totaJ ofrnO BUNDIU:Þ FIP1'\'·FlVE POLLARS (W5.0fl). Such cos\, by R_Iut!Ol1 of \he Board Df C(IIIDI)' Comat..íonen of Colli« {',aunty. Plorida, shalt become. Ii... on your property when rcwrded .fter .pprowJ by the Board. FAlLU1Ut TO :rIMILï PAY THE AMOt/NT SPltClFIEÞ IN THIS NOTICE MA.Y RESULT IN A LUtN AGAINST ðJ.J..QlYOVR PROPERTY IN COLLIER COUNT\'. 1: U['N$lMSt1.LNAJ. Agenda Item No. 16A4 January 11, 2005 Page 27 of 34 RE:SOUmON NO. 2005·_ A RESOLtmON OF THE BOARD OF COUNTY COMMJSSroNERS PROVIDING FOR THE ASSESSMENT OF UÐII FOR THE COST OF TIlE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDAJ'¡CE WITH ORDINANCE N<>. 99.5!. AS AMENDED WHEREAS,,, pmvidcd in Ordinance No. 99·51, as suc.:essor to Otdinan" No. 91-47. .. 4II'ItÐded, Ibe direct c""'" of aba1ement of ecrtaift IIIIÎSa!Ieè" ÍJ~udìne pI\!Icñbcd adtnmìsntiw eOlt incurred by \he CoUOly. sbaII be 4-.t l\gaiDII.""h properly; ...d WHEREAS, Ibe enS! lboTcof to the County .. to em. pa:recl JlWI be calcul.ted and repol1t:d to the 8Ðatd of Count)· Ú>mmì....ionm. to¥db... wí1/l . d¢ICription of sai~ ¡>aI'Cd; IIIId WHEREAS. sucb osse5Smcm .haJI be . legal. valid I1I1d binding obJilJlllion \ !On the pruperty agaiJls1 wlri<b made until paid; and WHERF.AS, the 85S05I/!Icnt 011811 become due and payable no I...... IIIan twenty (20) days of the dale of the l.qat NOIÍCe of Assessmen1 and interest abaII a= on 1M onpai<t baIanoe beainnina on the date this R"""lution is reeanJed at tbt late of_lve porcenl (12%) per """"m. NOW, nD':R:EfORE. BE IT RF.50LVED BY TIlE BOARD 01' (."()tfNTY COMMISSIONERS 01' COLLIER COUNTY. FLOIUDA. that lbe property deoc:ribed as foUowa, baviag been abated of. public nuiaance aftI.>r due and pro"", noli.e 1hc:cof to the owner(s) of said propcrt)', ÌJi hCN:by ..........d Ibe foJlnWÙ1g ~ ..r.uch abatement, k> "it: ~ TAYLOR. PEGGY II LEGAl. DESCRIPTION, Lot 15, Elløclr. A, [no""'" Subdivision, acrording to the platthcreof, as rc<:onIed in Plat Book 2. Paso 82. oftbc Public RewnIs of ('.oilier CDun!}'. Florida. r.Qfi¡ n5S.00 REFERENCFJ/, ¡630 fmJ.2..!¡ SI6?DJ¡OOOO The Clak shall (by regular mail) mail.. copy of tbi. Rcso\udon &JoIIg "ilh the N!>ticc of ^,-8U1a\1 !>f Lien k1 tñe nwneo(.) "flil. aOOve.&!!Cril>e<! propony. If wítlÙÐ rwenty (20) daY" of the dale of mailing !ha1 copy. tbc: ow"er fa¡b to d~livcr paym~nl in full 10 Collier Coun1)l. lhe Resolution and Notice of Asocssment .haJl be ruorded In th. official records of Ctlllicr CoWliy. and by rccordi!1 shall cODStitutc a lien oglÙnst I.hc abovc·d_ribed real propeny, and to !he extern allowed by law, .MlI ~so be . lien II 1On all olbcr real and/or p...sonal property owned by the ooted fYopcrty øwner(.) in ('.oilier County. This Resolution passed IJId duly odopted by the Board of CO\U1Iy Commissionm of Colller COUllty, Horida, this I] 1/1 day of January 2005. A TrEST: BOARD OF COUNTY COMMISSIONERS DWJOHT E. BROCK, Clerk COU.IER. COUNTY, FLORIDA BY: Deputy Cle'rlc BY -----:Cííãiiman Approved .. to form and leg:su~;: \tJ~mm_._ Thmn.. ~. Palmer. A_stant C''''OIY Attorney F'; 1..I£H1 "'~TR RDCUJnON" Agenda Item No. 16A4 January 11, 2005 Page 28 of 34 BOARD OF COUNTY COMMlSSlONE1l.S TIlaOuGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY. FLORIDA IJ!GAL N011(''E OF A88F.s..'!MENT OF UEN Tay\ør. 1'...,. U. 173" Imperial Oak CIr Bonita SpriIop. FL 34135 IJATP.. REF.INV.n 1630 FOUO 115U,9OJ10000 J/;,'N NUMBJ£R: LBOAL 1)[JSCRIP'110N, 1.<>1 IS. l!Iock I\. loomah Subdivision. """,uding to tbt plot cheroof. as rec<>t<Ied in Plat Book 2. PIIII. 82, oflhc !'ubi", Records of CoIIi.r County, Florida. You, as the ~s) of rll. propeI1)' above-dcnarib<:d, OJ rooorded in Ihe ~. møintained by the om"" or the Pmfl"rty A I >f1IisCf, .'" 1=eby advtoed thai die Code £Dfo_meat Dl_, did determine a f'IIblie nuisance exiSlO<! "".¡ OOII!IIilUted . violation of çollttty !e'¡¡uJalions on September 9. 2004, ond ordered tbt abatement of. C4t18in OW"""". existing on tbe above pl'O !t\l'ty prohibited by Ordi.nsnoo No. 99-51 "".¡ servO<!. nome of v;olarion upon YC:JU. The nWSIII1Ce ill, I'R01UBlttD ACCUMULATION OF W1tF.DS, GRASS, OR OT1ŒJl SIMILAR NON· PlWTECl'ED OVERGROwnIIN EXCESS OF ItIGJITEEN (t..INCIŒS IN ¡IEIGHT. You faJlcd to Iba1e. such nuí_ whereupon. it was abated by tbe expendilure of f'llblic funds ßt . cIíœct <ost of Fifty·Five ($55.00) Dollm plIL1 an administrative cost oj' Two Hundred ($200.00) dollars ror .10101 of TWO HVNI>RED Y.f'TV-FIVE OOLl..AR.'IC (Ð5S.00). Such com, by Re.o!\I(Ìon 0( tbf¡. Board of CoImty Çommb.iollC!!J of Colli... County. Florida, .ha!J bcrome a lien on your P"'J'C"Iy...tIcn =orded oft... approval by tbe Ik>ard. F AlLURE TO J:.WW PAY THE A.1\'IOUNT SPE('''IFlW IN TlUS NOTICE MAY RFJiULT IN A LIEN AGAINST ~ YOUR PROPERTY IN (''OLLJER COUNTY. t':LJ.ENS/Þ-1STRt.."'lAL Agenda Item No, 16A4 January 11, 2005 Page 29 of 34 RESOLtTTION NO, 2005-_ A RESOLlmON OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR 11m COST OF TIn;¡ ABA T'P.MEN1' OF PUBLIC NU1SANCE, IN ACCORD.o.NCB W11'H ORDINANCE N". 99-S I, AS AMENDED wtlEREAS, lIS provided in Ordinanc.oNo, 99,S[, a., ~ 10 Ontioan<:c No, 91-47, ... amended, the direct coots of abcimDonl of oa1ain nuisances, including prescribed adminíscmive co.t ;neWTed by the County. thall be _esseð a¡aíJu:t such propcny; and 'WI{ERF>AS. th~ COIf ~ 10 the Counly as to .""" .....cel shaU be c.iI!cuIatcd and ropórtod to tilt. Boord of County Commi&Si<>nen, t"sether \Vilh a dacript!uu uf said parcol; and WHEREAS. sucl1 -.n.nl shall be . leg,,}, v¡¡ jd and bindin¡ obligation upon III. property againSt which made WltiI paid; and WHP.REAS, the 8SSCSSIt1MI shall become due and payable no later Chen IWCl1ty (20) day. of!be dale of lI1e Lq¡aJ Notice of ,~I and inl"",", sbðJ acc:nJC on the IDJpsid balance be¡innin¡ 011 the dlltelhis Resollllion b recotded at !be rate of twelve """,.nl (12%) p<r fIM1Jm. NOW, 'nŒREFORE. BE IT RESOLVE» BY THE BOARD OF COUNTY COMMISSIONERS Of COUJF.R "'OUNTY, f'LORlDA, tlurt IIu: properly described IS fullows, bavlng been abated of a public nuisance ø1\er due and proper ",,!ice lIIereof 10 !be "~s) of said pr"pcn)'. is bercb)' .._cd the fOllowing cost. of """b abat.ment. .0 wil: ~ LA QUINT A HOMES OF SW PI.. INC LEGAL DESCRIPTION: Lot 28, Block [22, GoJden Gllte, Unit 4. øccontin¡ 10 the plat lbereof, .. =ordcd in Plat Book 5, ""tics 109 through 116. inclusive, of the Public Records of Collier County, Florida. ~ SZS5.00 REFf-RENCE~, Z605 I!m..IQ..!¡ 34114600001 The Clotk ohaJl (by meolllT DUtil) moil a copy "f lhi. Rosoluii"" 81""1 with the Notice "f Alliessment of (,¡on to the owner(a) of1hc: aboyt~ribed property. If willlin twMly (20) daTi of the dale of mallin, that copy, tho owner fail. to deliver pnyment in full 10 CoWer County. !he R...olution and Notice of Auc.wnent shan be recorded in the offiew rccords of Collier County, and by recording $ball constilule . Jien against die ahm'e-described real prøpeny. and 10 lIIe extent allowed by law. slullI also be a lico upon all Olher rea! and/or penonol property owncd by the IIOted property owner(.) in Comer County. This Resolooon paaSðd and duly adopt.>:! by !he Auon! of County Commissioners of Com", County, Florida, d';. ! I th day of January 2OOS. A TIEST: ROAR[) OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Clerk COLLIER COlJ1\TY. f'LORlDA BY: D;Piiï;;ëï;;¡:¡¡----·- ny; , Cbainnan Approve.d lIS to form and leg'" sufficiency: ~ ht~ Thuma . Palmer, AssiSWIt County Alt<>mey P·lII:N1MS1k kF.SOUITJON Agenda Item No. 16A4 January 11, 2005 Page 30 of 34 BOARD OF COUNTY COMMISSIONERS TBROllGJllTS CODEItNFORCltllŒNT D&l'ARTMEI'IT COLLlER COUNTY, FI..OIUDA LEGAL NO't1CE OF ASSE8Sl1IENT OF' UEN ¡,ft QUIll.. Hemeo øfSW FL lac 211614" SINW Nftp&ø, J!L :WUO DATE: RBI'. INV.. 1605 FQLIO 113ó114600001 Ul!N NUMBER: LEGAL O!!3C.RIPTION: LoI 28, 81wk 122, GoWen Gale, Unit~, .=Ñit1& 10 the plat fherect; IS """""'cd in PUt Book S, Pag.. 100 tbrough Ilti, inclusive, ..fllte Public R..xmù: ofC<>lIiorCounty, FloridA. VOl!, as lb. owner(.) of the property abovo-dewtbed, IW rCOCOTded ÌII fhe record. lI1<IilllaÌn1Id by Ibe offi.:e of tbé I'ropcrty ApplaÍlllOr, .... bcrcl>y advised That the Code F.nfon:c:mcnl Dircc;lor, did del«mine a publi. ouÎ4o"co oxiswd and COIIIItj!Ut<ld . víolllion of COWlI)' ,.uLllliona on August 12, 2004, and ordc:n:d the .batement of a certRiu nuisance cxi$Ûng 00 the above property prohibited by Ordinance No. 99·S 1. olld oetVcd a notice of violation upon you. The nlOÍ4t\nGe it: PJIOillllfI'KJ) ACœMVLA't10N OF WI!:EDS, GRASS, OR OTHER SIM1LAR NON- 1'1t00000W OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN BEIGRT. You foiled 10 Ibate sw;h IUÚS""""; whereupon, it was .bated by Ibe éJI]>OòIdilnl'c of pubUe fund.. at a ditoot cost of Fifty-Pi"" (555.00) Dollars plus an adminiSlnltive coot of Two lIundr<:d ($200.00) doU8I"$ for . \Utal "fTWO BlIND.RED FIFfY·JllVE DOLLARS (5255.00). Such cost, by RelOlutÎ<ln of tbe .Doflr<! of Cowlty Commi.ssionèt. of Collier Cow>ty, l'Ioridfl, IhaII become a ji en on your property w!taIrw>rded .It", approval by Ihe Board. PAJU1RE TO :IIl!1ELX PAY TO. AMOU1\"T SPECIFIED IN TIllS NOTICE MAY RaUL T IN A I.IEN AGA.INST AU...W! YOUR PROPERTY IN COU.IER COIJNTY, F'. Lf'6)fSt MSTJ.t:NAl Agenda Item No. 16A4 January 11, 2005 Page 31 of 34 RESOLUTION NO. 2005- A RESOLtmON OF TIlE BOARD 01' COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF U£N 1'011. TIlE COST OF TIffi ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE wrm ORDINANCE No. 99-S I, AS AMENDED WHEREAS, as provided in Ordinan<:t No. 99-51. iU SIlO_I to OrdiIlllllCe No. 9]-47, u iII1IeJ1dod. the diTeCt costs of .batement of Cl!NÌn nu~ including ~<aíbed adminimaû.. colt incurred by the County. lIIal1 be ..sessed 8pÌJtJt such property; wi WHEREAS, the COSI !hereof 10 ti,. County.. to ~ parcel ahaIJ be c&cuJat1!d and reprn1ed '0 the I.Ioød ot Count,. Comml.øJon..... togocbet with . d01l4:ripciOl\ of IIIid p&NCI; and WHEREAS, such ......sm.at slWl be . legal, valid and bindi,, ¡ obligation upon tbe propen,. against which made unlil pAid; 8f\d WHER.EAS. the ~nt Wûl become due and poy..bIe no leI« dwt _,. (20) days ut ù:tc dale of the: Lego! Noli"" ot Anessm<.1~ and ink:rat shall """"'" on the unp.ïd baJance begínnina 00111. datt litis Re>olut'OD i. n:<orded at lb. rate øft~lvc percent (120/.) per annum. NOW. TIrEREFORE. BE IT R£,WLVED BY mE BOARD OF COUNTY COMMISSIONER. 'I OF Gal.LIER COUNTY, FLORIDA, tilal the property d=ribcd as follows. hA.ing been aheted nf 0 pubti<: nuilllllCe <1ft", due and pro!"" ootice Ihereof", the uwner(s) of SAid propeny, ÍJ ltereby _ed the f<>llowing C() os of.ud1 abatement. to wit; ~ LA QUINT A HOMES OF SW I'L INC LEGAL DESCRIPTION: Lot 29, Block 122, QoJden Gille, Unit 4, oaonIing to the plat ~, as recorded in Plat Book S. Pages 109 through I 16, inolu.ùve. of the Public Re«>r<hI ot Collier CoImIy, F1orida. mfi:. 525S.00 REFERENCR#: :t604 f2IJQ.!;. 36114640003 The Qed; shall (by "'l!11lor meil) n..¡¡ a topy of thi. Rc""tulio. alona wilb the NotÍ<e of A_..menl of !.ion'" lb. owtlèl{s) ofthc .oo",,-<le$:riÞod property. If within twcI1I)' (2Œ) days of the dale <>I' mailing tIun ""PY. the o\\'ner fails to ckli_ pltymout in full 10 Collier County, !be ResoJ\1,j( and Nolice of AJSCSSIIICDI.ball be recorded in tbe offidaJ records ofColJier County, and 1»' """,:ding ah.U constitute . Ii.... .gain:\! the obove-doxribcd r<al property, and to ù:tc extenl aJlowed by law, shAll .Is" be a lien upon .U other mù and/or """"noJ propetty owned by the noted propeny owœr(s) in Collier Cuunty. This Rl:solution p<Wed and duly adopted by the Board of C"""t}' Comrnissiont:rs of C<>IJi", Count}', Florida, Ibis 11th day of Jan\flllly 2005. A1TEST: BOARD OF CotlN1ì' COMMISSIONERS DWIGHT E BROCK. Clerk COLJ.IER COUNT'Y, FLORlnA Oy, õè"PúlY ëi.;;¡¡-·-------...- BY:_...._.___ ...---: C1Wrman -...- Approved as '0 form and legal rofflCÎency: _3~.._~Uv-· l'bómaÆ !'almer. A.ssisIant County AMmey f· UfoN/UtJ'Jt ~E!K)t.UT1ON Agenda Item No. 16M January 11, 2005 Page 32 of 34 BOARD OF cotJNTYCOMMlSIIIONERS TtlROUGR ITS CODE ENJIORCJ'..MRNT DEPARTMENT COLLIER COUNTY, fILOIUDA LEGAl. NOTICE OF ASSESSMENT OF I.JI;N I... QuJaÚl Ho_ of SW Fl.. 10. _"·SCNW J'bpl.... Fl. 341%0 DATE: REf.INV./I 1604 fOUO H 36U"~3 USN NUMBER: U!OAL DESCJUPT]ON: Lot 29. Block 122, (¡,,[den Q.,e, Unit 4. ac<X!ld;"g to the p]aI thereof, .. rooordod in Pial 'Book 5, PaPl' 1091hro1l b 116, incIw!.... oflbe Public Records ofColIkrCounty, Florida. You, ... 1M owncr(.) of the pIO ><II!y .bove-dC1lCflÒéd, .. reoatdcd in tb<o records I11AIÌmlinod by \he office of !be Property ApIIlaÎ3«. ..... hereby adví1lod Wt the Cod. Enforcement Di«>ClOr, did d"",rmiMo . pllblic ownncc exJitlid and ......alituted . violotlon of oouoty resuløtions on AUfIU't 12. 2004, ...6 .rdon;d the abatement of a cctlAÌn nlli.."ce ..¡"ioa on tbe above property probJl>iled by Ordinance No. 99-51 md ~ a notice of YiólatlOll upon you. Thc nuL"",," i" PROHI1lITED ACCUMULATION OF WEEDS, G1I.AIIS, OR OTHER SIMILAR NON- PROTECTED OVEllGROWI'H IN EXCRSS OF EICHTEEN (18) INCHES IN HEIGHT. You failed to aba'" ouch Þ\1Î11wce; Viilcreupon. it was abated by "'0 e.pm<ijture of public funds aI a direct 00II of Fifty-Five ($55.110) Doll"", pl.. an administrati.... CO$1 of Two Hundt.:! ($200.00) dol1m fat 4 tobtl of TWO UIJNDREÐ .FIF1'\'-fTVE DOLLARS ($255.00). Sucb COat, by R...,lution of th. Boord of {'.QUIlty ColtUu¡øí"oor. of Com.... CouDty, FJorida, ,.¡wI l>é( ()1!1t a lien DO your prope.n)' when r«:orded .Ror .pprovo! by tit. Bœt:d. FAU,URE TO II!!:mI.1: PAY TßI!A.."OVNT SPJ!ClrrtIID 1N1"B1S NOTICE MAY RESULT IN A WEN AGAINST AJ.J:..J!fYOURPROP&RTY 11'1 COl.LIERCQUNTY. 1: UINS~ M.sn LlfAt,. Agenda Item No. 16A4 January 11, 2005 Page 33 of 34 RESOLli'TIONNO.2005._ A RESOWTION OF HIE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR 11m ASSESSMENT 01' UBN FOR THE COST OF 11m ABATEMENT OF PUBL1C NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMEND!!'D WIIF.IŒAS. as pro>ided in 0nIinan<e No. 99-51,.. .ucc:essor 10 ()rd~No. 91....7, as amended. the direct costs of abaIemenl of certain nuilarrce¡, ìnclLIIling J'I'CSCribed admÚÛS118ti~ cost incnrred by lhe Counl)", ."'11 be ...."...,.¡ ogajnsl such property; a"d \l<1ŒREAS, the coot theftOr to the County os 10 each parcel ""all be calcula1cd and ~rted 101M Board of County CommiNioous, togelher with. dc:!oriplion of said parcel; ami WIiEREAS, such a..wrn."1 shall be a legal, yaJid and bindin¡¡ obligation upon the propeny against wbicb made until paid: 1111<1 WHEREAS, the 3SteSm\tIIt shall become dllC and payable no Iaœr than twenty (20) days of the date of tho Lq¡W Notice of A.JJcumc:nI and ínlCn:>t shall """"'" OIl tho unpaid balance beginning on the <l2le thÌ$ Resolution " recorded at tho m. of lwei"" ~I (l2"A.) par annum. NOW, THEJUiFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that the property described as fotlow.. h...il1(1 been abaled of a public nuisance 4ft.r due ....d proper noti« thereof 10 tho OWIW(S) of &aid property, js hereby aSSC5eCd the foJlowing r.oslS of such abo.rcment. 10 wit· &M£¡ AREVALO, JESUS &. RODRIGUEZ, MARIA CRUZ LEGAL DESCRfPTION: Peare" Subdiv;sioD. Bloc:Jr 2, Lots 4 through 1 and Nonh ,.. ofl.,ot ! al Town.sbíp 47. Range: 29, Scc:tioo 3, Iccording 10 the plat th<roof, =ord«I in Plat Book I, Po¡:e 107, of the Pub1ic RCICOrds of <'",lIier COWlty. Florida. s:;Qfi¿ $155.00 REFERl:NCE1I: 150~ fWJ2.!¡,,,no640006 'The Ckrl< shall (by "",,!ar mail) mail a ropy or IJ", RaoluliooI ohms wilb the Notice of Assea.'WeI1I of Lien to the Owner(3) of the abovc~bed propeny. If wilhin IW1:nly (20) dðys of tho dale of m.oiling that COPY. the owner fail;¡ 10 œlíver po},,,""t in full ty" Colli.,. County, the Resohllil'" IUld Norice of A.."mnc:nl shall he: recorded in the official records of Collier COQl1ty. and by ret<>rding shall constitu1c a lien againot the abo..e-<icscribed real property, and to the ."tenI allo......d by law. sIu\Il also be . lien upon aU 0Iher real ....dfor personal property (lwncd by the DOled propc:ny owner(s) in CoHier County. 'Iñis R"",iution poISSed III1d duly adopted by thc Board <>f County Commi..i"""", of Collier CowIty, FloridA, this I IIh day of J8J UOl)' 2005. AITEST: DWIGHT E. BROCK, Clerk BOARJ:> OF COt.JNTY COMMISSIONERS COLLlF.R COUNTY,I-l..oRIDA BY:.. DeputyCJert B V;_.__....__... , Cl:wirman Approved... to f",", and 1...1 sufficiency: ) I ...~. ~~~-- 1ñD..... C. Palmer. Assisun.r Cnun.ry Attorney fl' W:NiMS'nt RliJiOf.l~ Agenda Item No. 16A4 January 11, 2005 Page 34 of 34 BOARD OF COUNTY COMMISSIONDS THROUGH ITS CODE ENPORCEMENT УPARTMENT COWER COUNT\', FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN ArevMIo, J..IIO Rodril_u, Maria C..... 406 W""bo&W" A.... Immolcalee, PL 34141 REf. INV.# 150<1 Dlln" FOLIO" 661211fi40006 UEN NUMBBR: LEGAL DESCRIPTION: PeIID:C SabdiVÍJliOo, Block l,l.otJo 4 d1r:oush 7 &lid North % ort.ot 8 at Tow:tl.W¡> 47, Ilango 19, Se<:tìon 3, lICC<II'ding \Q the ~ tbmot; rccordod in Plat Book I,Pap 11)7, "fib. Pablie 1l<0c:GTd:8 G(Conier C'.oumy, l'Iorido. You, Of the -na(.) of the prop<:ny obov""¡..aibcd, III rocoJded in lb. mcurdJI nWulaÌllod by the office of Ut. ¡'ropØtl)· Appraio.... "'" lu:n:by advIsed Ibol a,e Cod., Bnfurcemeat Dir_O(, did dDICmÙne . public l1L<Il,OD.CG existed ouc1 O(>nJjlilutM . violation of counly r.pllation. on December 4, 2003, IIIld ordered lhe obIIt....cnt of 0 ccmÎ1, nuisodee "-'lisling on the above P"'J'<'f1Y prohibited by Ordinance No. 99-51 "'" "",""cd 0 notice ofvioloûoJ\ upon )'Ou. The n"'..nce io: PROHIBITED A(".cUMULATION OP WEIWS, GRASS, OR OTHER SIMILAJI. NON- PROTECttD OVERGROWfa IN EXCESS OF EIGHTEEN (18) INCItES IN HEIGHT. You foiled 10 abate ouch nnito"t« whereupon, it wu óboted by the expenditure of I"'blie fund. 01 0 dlNCl oost of l'ifty·Five ($55.00) Pollm pi.... &II odmíllÎ8ttOÚve OOSI of TINa Hu.ndired ($200.00) ðoUaB for ..Iotal of TWO QUNDRßD FIJ"l"Y-FlVE DOLLARS (nSS.01I). Such co5t, oy Resolu¡ion of ,he Bow of ("..conty COIIU1ÙS1Iioners of Q¡ I¡... County. Florida, .hall benome a Ii"" on YOOT prorerty wb.., recorclc>d oft.". nppTOval by the Bow. FAILUIŒ TO IIM&.I..ï PAY TBE A.\lOUNT SPEÇJI1IJtD IN THIS NOTICE iliA Y RESULT IN A LIEN AGAINST ALL..Qf YOUR PROPERTY IN COlLIER COUNTY. f: LIEN'" MSft OiAl. Agenda Item No. 16A5 January 11, 2005 Page 1 of 3 -- EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners set a public hearing date for June 14,2005 for consideration of a proposed Development Order for a Development of Regional Impact for Petition DRI-04-AR-6293, The Town Of Ave Maria. OBJECTIVE: To set a public hearing date of June 14, 2005 for the Collier County Board of County Commissioners (BCC) to consider Petition DRI-04-AR-6293, The Town of Ave Maria Development of Regional Impact (DRI). CONSIDERATIONS: - On July 23, 2004, the Southwest Florida Regional Planning Council (SWFRPC) and the Department of Community Affairs (DCA) acknowledged that they were in receipt of an Application for Development Approval (ADA) for a Development of Regional Impact (DR!) for the Town of Ave Maria. The purpose of the request is to set a public hearing date for the Board of County Commissioners to consider petition DR!-Q4-AR-6293. Compliance with Chapter 380.06 (11), Florida Statutes. requires that the appropriate local government gives notice and holds a public hearing on the DR! application in the same manner as for a rezoning as provided under the appropriate special or local law or ordinance. The public notice is required to be published at least 60 days in advance of the hearing and shall specify where the information and reports on the development of regional impact application may be reviewed. In view of this requirement, staff suggests the date for this public hearing be set for June 14,2005. FISCAL IMPACT: There is no fiscal impact generated by this Executive Summary. GROWTH MANAGEMENT IMPACT: There are no growth management issues associated with this petition. EAC RECOMMENDATION: ..--. The Environmental Advisory Council (EAC) did not review this petition because the EAC does not nonnally hear a notice to set a public hearing date. DRI-04-AR-6293, The Town of Ave Maria 1 Agenda Item No. 16A5 January 11, 2005 Page 2 of 3 COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) did not review this petition because the CCPC does not normally hear a notice to set a public hearing date. RECOMMENDATION: That the Board set a public hearing date for June 14, 2005 for consideration of a proposed development order for a DR! for petition DRI-04-AR-6293, The Town of Ave Maria. PREPARED BY: Raymond V. Bellows, Manager Department of Zoning & Land Development Review .- ,,-.' DRJ-04-AR-6293, The Town of Ave Maria 2 'lam Number Item Summary M..ting DI.e Ag"nda Item No 16A5 Janu8J'V' 11, 2005 Page 3 of 3 COLLIER COlJNTY BOARD OF COUNTY COMMISSIONERS IßAS Recommendø1iol1 thaI the Board of Coun1y CommissIoners set 8 publl!; hr.ario9 date for June 14,2005 for consideratIon of Iii propos.ed Development Ordcr for & Devclop"1cnl or Rl!IgionaJ Impact for Petition DRI-04"AR~6293, The Town Of Ave Maria. 1111120059:00:00 AM Prepared By Ch f~t Plmllll~1" 12/101200411 :12:5.4 AM R.a:y BI~II()ws; Community Development & Environmental Service.. C"t,., Zoning &. Land Developmllnt Re..,iil!w Chief Planner Date Approved By Ray Bellows Comnumity c.tYelopment & Enlliron_"enttll SltlV'(;lI'\ó ZOl)íog & Land Deyelopment Revilltw 12/101.2004 'f1:04 AM Constance A. JohnlOon Da.. Approved By Community OIlt'lluIDpmatll" Environmental Servic.es Operations; Anlllym Comrnunit)/ Dflvlllopment & Environmental Services Admin. 12/101200411:33 AM &antJm Lei.) Exet:u1Îyn 6f!c:re:t try Omp.. Approved By Community DIIY&lopment & Environmental Services Community Development & Efll/ironm~ntal Services Admhl. 1211312004 !:12 PM Approved By Zonïng & land DevCllopmlll1t Director Date Susan Murray, AICP C't:u1IInunjty D(j''\f~lo 'lln(lnt &. En\llronmlt!"l:øl S(j'lvit~tt" Zoning & land Development R.vi.w 12/2'1/2004 '12:38 PM JO~(I'ph K. Schmitt Dale Approved By CommunÜy DevfllopmiCIn1 & Environment.1 ServiclI!S> Community Deveiopment & Environl'nental Servìu , ÃdlTl¡t\l.C~tor Community DC!'vlþ oprmlnt & Environmental Servk.ev Adn1in. 121221200412:56 PM Admini",tmlivtt A!iuistnnt Dale Approved By OMB CDDrdinutor County Manager's. Office Office 01 Managtlment & Budget 12/22/20041:57 PM Mark Isackson Buttget Analyst Date! Approved By County Manõ1ll e-r's Otriçe Otlïcu I)f ManllgClment & Budget 1 ZIUJ2004J 4:%1 PM Michael Smykow1iki Management & Budget Director Om. Approved By County M8n;tlger's Office Of1ic~ of Man.getnent & Budge1 121271:2004 8:58 AM Approved By JanlflS V. Mudd Board of County Ctnnmu,s.ioners:. Coun1Y Manage-r Dater County M;¡nager's Office 12/30/20046:43 PM - Agenda Item No. 16A6 January 11. 2005 Page 1 of 22 EXECUTIVE SUMMARY Recommendation to approve Lien Resolutions for the following Code Enforcement Case Numbers: 2004070662/Joyce Et AI, Wallace Landon, 2004050744/Holaway, Jo Gene, 2004070613/ Cavataio, Salvatore & Antoinette, 2004060752/Hamilton Bay Dev LLC, 2004060750/Hamilton Bay Dev LLC, 2004011253/Caffa-Mobley Et AI, Priscilla, 2004060676/Mwphy, John E. 2004030534/ Redding, David and 2004050246/Bayshore Land Development LLC. OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91- 47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owners have not remitted the invoiced amounts. ,.-. Case No. Owner of Record Case Summary Lien Amount a. Violation detennined 07/15/04 b. Notice of Violation served na 2004070662 Joyce Et AI, Wallace c. Notice ofVio1atìon Posted 07/15/04 $255.00 Landon d. Unabated nuisance verified 07/28/04 e. Nuisance abated with public funds 07/29/04 f. Owner invoiced for costs 08/02/04 a. Violation detennined 05/14/04 b. Notice of Violatìon served 05/17/04 2004050744 Holaway, Jo Gene c. Notice of Violation Posted na $18,600.00 d. Unabated nuisance verified 07/02/04 e. Nuisance abated with public funds 08/10/04 f. Owner invoiced for costs 08/18/04 a. Violation determined 07/15/04 b. Notice of Violation served n/a 2004070613 Cavataio, Salvatore c. Notice of Violation Posted 07/20/04 $255.00 and Antoinette d. Unabated nuisance verified 08/02/04 e. Nuisance abated with public funds 08/17/04 f. Owner invoiced for costs 08/20/04 .-. Agenda Item No. 16A6 January 11, 2005 Page 2 of 22 -- )'~.-.... a. Violation determined 06/18/04 b. Notice of Violation served unclaimed 2004060752 Hamilton Bay Dev c. Notice of Violation Posted 07/30/04 $255.00 LLC d. Unabated nuisance verified 08/11/04 e. Nuisance abated with public funds 08120/04 f. Owner invoiced for costs 08/23/04 a. Violation determined 06/18/04 b. Notice of Violation served unclaimed 2004060750 Hamilton Bay Dev c. Notice of Violation Posted 07/30/04 $255.00 LLC d. Unabated nuisance verified 08/11/04 e. Nuisance abated with public funds 08/20/04 f. Owner invoiced for costs 08/23/04 a. Violation determined 01/27/04 b. Notice of Violation served 02/23/04 2004011253 Caffa-Mobley Et AI, c. Notice of Violation Posted na $320.00 Prisci1la d. Unabated nuisance verified 06/01/04 e. Nuisance abated with public funds 07/14/04 f. Owner invoiced for costs 07/19/04 a. Violation determined 06/17/04 b. Notice of Violation served nla 2004060676 Murphy, John E. c. Notice of Violation Posted 06/17/04 $255.00 d. Unabated nuisance verified 06/30/04 e. Nuisance abated with public funds 07/06/04 f. Owner invoiced for costs 07/13/04 a. Violation determined 03/03/04 b. Notice of Violation served nla 2004030534 Redding, David c. Notice of Violation Posted 03/03/04 $255.00 d. Unabated nuisance verified 03/23/04 e. Nuisance abated with public funds 04/15/04 f. Owner invoiced for costs 04/20/04 a. Violation determined 04/29/04 b. Notice of Violation served 05/11/04 2004050246 Bayshore Land c. Notice of Violation Posted na $2,400.00 Development LLC d. Unabated nuisance verified 06/08/04 e. Nuisance abated with public funds 06/25/04 f. Owner invoiced for costs 07/01/04 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. - Agenda Item No. 16A6 January 11, 2005 Page 3 of 22 ,.r"-' FISCAL IMP ACT: A - total reimbursement of $22,850.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $18.50 per lien, (9 liens) totaling $166.50, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMP ACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. Prepared by: Shanelle Hilton, Administrative Secretary, Code Enforcement ",-- _.. ltam Number Item Summ.ry MHllng Data Approved By Mic.hp.lle: Edward" Arnold Community DevelDpment & Environment.1 Servlcn Agenttò Item No. 16A6 January 11, 2005 Page 4 of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A6 Recommel1dstion tD approve Lien Re50lu11ons for the tollo....nng Code Enforcemel"t Csse NUlnbel's. 2004070662/JDyce E1 AI, Wallace Landon, 2004050744/Holawsy. Jp Gene 2004040613/ Cavataio, SÐlvÐ1ore. 2004060752JHamilton Bay Dev LLC, 20040G0750!Hamillon Bay De. LLC, 20D40 I 1253ICa«a-Mobloy Et AI, Pnscilla 2004060676/Murphy. John E. 20040305341 Reddmg. David and 20Q4050246!Bays.hore Land Development L LC 11111200590000 AM Codt! En1ø'CUim"nt I)imctør D4Itl~ Code EnforC:dlltlcnt 12115/20042:52 PM Janet Powers Oper..tiDns Mannu"" Dal'l! Approved By Community Development & E.llvirD"ml~It.a1 Sutvic !~¡ Code Enforcement 12/16/200411:23 AM Sandra Lea Oate Approved By C()mrt1UI)~ty DevetoJ1mlmt 4. Etwironmental SfltVlc.l!I& EJ(er:u1N~ Secre1ary C:onununlty O,"v~lof'lne"t &. Environmun1øl SClrvicCls Admin. 12/15/2004 ~:06 PM Const¡UlC(! A, Johrl1O<n1 Dat~ Approved By Comrnunity Deve!opmflnt & Environmurrtlll Services OtntUltiOI1f> Aunlyßt Community Development & Environmental Services Admin. 12/21/2004 11 :39 AM Dllte Approved By Jonph K. Schmitt Comn}unhy Oevelopment & EnviroUlTum1.a1 $f!rviC:flJS Coml'fiUl1ity thwe!topnumt II. Envltonm4lnta! SeF'iices Admïnstrator Comm\Jnity D.avalopment & EnvirQnnultlt~1 S.,,,,,ice$i Admin. 12122/2004 1 :22 PM OMS Coordinator Adminìs.tmin Ass;istant Date Approved By County Mat'Htg(!'r's. Offic.e Officlt ot Maoagr.mo1lnt & Bl,dget 12122/20042:07' PM Murk t;tlU~k$Ö(m Ðudnut Analyut Olltt!' Approved By County Manager's Office Office of Man"gltment & Budget 12/22/2004 4:4~ PM ManntJumlÞnt &. Ðudglltt Director Da" Approved By MìchilllJ' Smykowskl County ManftijlGr'1i Oftlce Office 01 Managfflmemt & Budget 12127/2004 ':05 AM Approved By County Manòilger Date Jame5 V. Mudd Boord of County Cornmis.iontlr!o Cc)unty Manager's Office! 1.2/301'20046:13 PM Agenda Item No. 16A6 January 11, 2005 Page 5 of 22 RESOLtmONNO.2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSJONERS PROVIDING FOR TIlE ASSESSMENT OF LŒN FOR TIffi COST OF TIlE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE \VlTH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provid.d in Ordinance No. 99-51, as su<:ccssor 10 Ordioaru:eNo. 91-47, .. arrumded, the direct costs of abatement of certain nui!IMCCS, including proscribed administrative cost incurred by the County, shall be usossed against such property; and WHEREAS, the cost thereof Ù1 the ('.mlnty as to each parcel .baII be calculated and reported to the Board of County Comnrl..iOflors, IDgelhor with a description of said parcel; and WHEREAS, such ......ment shall he a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the as....mont ,hall become due and payable no 1ator than twenty (20) days of the date of the Legal Notice of A.>!sossment and int.....t shall accrue on the unpaid balance hegiruUng on the date this Resolution is recorded II! the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLlER COUNTY, FLORIDA, that the propelty described as folloW!!, having been .bated of a public nuisance after due and proper notice thereof to the owner(8) of said property, i.s hereby assessed the following costa of ,uch abatement, 10 wit: NAME: JOYCE, ET AL. WALLACE LANDON LEGAL DESCRIPTION: Lot 6, Block D, South Tamiami H.ights as recorded and pWted in Plat Book 3, Page 44, Public R.cords of C<>llier County Florida. mID $255.00 REFERENCE//: 2580 lQ1JQ./l¡ 74412240002 The Clerk shall (by reguJar mail) moil a copy of this Re.oolution along with the Notice of A.>!....m.nt of Lion to the owner{,) oflbe ahove-de,criboc! propelty. IfwithiJ1!walty (20) days of the dote of mailing that copy, Ibe o~ fails to deliver payment in full 10 C<>llier County, the Resolution and Noêce of A'....meII! shall be recorded in the oflicialrocords ofC<>JIier County, and by recording shall constitute e lion aßBinst the above-de,cribed real property. IIIId to the extent allowed by law, shall aIao be . lion upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This R.soluûon p""se<J and duly adopted by the Board of County C<>mmissioner. of Colli.r C<>lmly. Florida, this 11th day of Janoary, 2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA BY: Deputy Clerk BY: , Chainnan Approved lIS to fonn and legal suffic.iency: íb\..~ Thomas C. Palmer, A..¡stant County Attorney 1: 1.:ENf MSTIl J.ßSOUJTION Agenda Item No. 16A6 January 11, 2D05 Page 6 of 22 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY. FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Joy.. et aL, Walls.. LaDdo" 506 Quluniplac Avo North Heven, cr 06473·3760 DATE: REF. INV.N 2580 FOLIO # 74412240002 LIEN NUMBER: LEGAL DESCRlPTION: Lot 6, Block D, South TamianU Heights as ,ecorded and platte<! in Plat Book 3, Pagc 44, Public Records of Collier County Florida You, as the own""o) of the property .oove-desctibed, as recorded in the records maintained by the office of Ihe Property App,aiser, .... hereby advised that the Code Enforcement Director, did detennine a public nui.'mnce eroatcd and constituted a violation of co\mty regulations on July IS, 2004, ""d ordered the abatemenl of a certain nuisance existing on the above propeny prohibited by Ordinance No. 99-51 and SOlVed . notice of violation npon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON· PROTECTED OVERGROWTH TN EXCESS OF EIGIffEEN (18) INCHES IN HEIGHT. You failed to abate sucl1 nw...,.,.; whereupon, it WIllI abated by the expenditure of public funds at a direct COOl of Fifty-Five (SSS'()(» Dollars plus an admiJùstrative ooot of Two HundIod ($200.00) doll... for a total of TWO HUNDRED FIFTY·FIVE DOLLARS (S2!I5.00). Sucb cost, by Resolution of the Board of Counly Commi..ioœr. of Collier County, Florida, shall become a lien on your property when ,"carded after approval by the Board. FAILURE TO nM!ll.X PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ðl.kQ!! YOUR PROPERTY TN COLUER COUNTY. t': Uf!N~ M.....,.R LNAL Agenda Item No. 16A6 January 11, 2005 Page 7 of 22 RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE wmr ORDINANCE No. 99-51. AS AMENDED WHEREAS,.. provided in OrdJaance No. 99-51. as 511CCe8sor to Ordinance No. 91-47, as amended, llie direct costs of ab8lemeD1 of certain nuisances, includm¡ prescribed administrative cost incuned by tho County, shall be ...cssed 8gau"t such property; and WHEREAS, the cost thereof to the County as to eocJ¡ parcel ohaJl be calculated and reported to the Board of County Commissioners, together with . description oC said parcel; and WHEREAS, such .....sment sball be . legal, valid and binding obligation upon the property against which made unli1 paid; and WHEREAS, the uoessment shaJl become due and payable no later than twenty (20) days oC the date of the Legal ~otice of A.....ment aod interest shall accrue 011 the unpaJd balaw:e beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as Collows, having been abated of a public nuisance after due BIId proper notice thereof to the ownor(s) of ",id propct1y, i. hereby .......d the following costs of such abatement, to wit· ~ HOLAWAY, JO GENE LEGAL DESCRIPTION: The Soulb one-half (112) of the South West onc-quaner (1/4) of the North E..t on.-quarter (1/4) of the South East one-qua:tor (1/4) of Section 31. Township 49 South, Range 26 Eas~ Collier County, Florida. ÇQfi¡ 518,600.00 REFERENCEII: 2589 fQYQ.!¡ OU2930400oo The Clerk abøJ (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lion to the owner(s) of the above-deseribed property. If within twen1y (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment &ball he recorded in the official records of comer County, and by recording shall eonstittrte a lien against the above-described rcal property, and to the extent allowed by law, shall also be a Hen upon all other reat andlor personal property owned by the noted property owncr(s) in CoJlier Coun1y. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this 11 th day of January. 2005. AITEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: ,Chairman Approved as to form and Iei'I suff~cy: PJ I DV\I\ ~ Thomas c' Palmer, Assistant County Attorney F: UENI MSTR RnSOWTION Agenda Item No. 16A6 January 11. 2005 Page 8 of 22 BOUD OF COUJ\'TY COMMISSIONERS THROUGH ITS CODE ENFORCEM£NT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Holaway, Jo Geøe 3087 Bo.. Cle¡a Dr, Naples, J1L 34112 REF. INV.# 2589 DATE: FOLIO # 00293040000 LIEN NUMBER: LEGAL DESCRJPTrON: The South one-half (1/2) of the South Wcat one-quarter (1/4) ofth. North Easl one-quarter (l/4) of the South Bast one-< UIIl"IOI' (114) of Section 31. Township 49 South. Range 2.6 East, Collier County. Florida. You, as the owner{s} of the property abov&4escribed, .. rooordcd in the records maintained by the office of the Property Apprlri'.... are hereby advised that the Code Enforcement Director, did detemùne a public nui."".. existed and constituted a vioJation of county regulations on May 14, 2.004. and ordered the abatement of . certain nuisance """ling on the above property prohibited by Ordinance No 99-51 and s.rved a notice of violation upon you. The nwsance is: LITTER; PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LIITER. WASTE OR ABANDONDED PROPERTY. You fajlod to abate such nuisance; whereupon. it WaS abated by the expenditure of . pub1ic funds at a direct cost of Eighteen ThouMnd and Four ¡l1mdrcd Dollars (518.400.00) Dollars plus an administrative cost of Two Hundred (5200.00) dollars for a total of EIGHTEEN THOUSAND AND SIX HUNDRED DOLLARS ($18,600.00). Such eo.!, by Resolll!lon of the Board of County Commission"", of Collier County, Plorida, shall become a.lien on your property when recordod after approval by the Board. FAILURE TO:næ¡,.r PAY THE AMOUNT SPECIF1ED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST AIJ&l YOUR PROPERTY IN COLLIER COUNTY. P: LlENSI MSD. LN~L Agenda Item No. 16A6 January 11, 2005 Page 9 of 22 RESOLUTION NO. 2005·_ A RESOLUTION OF TIlE BOARD OF COUNIY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THB COST OF niE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDA.'CE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAs. as provided in Ordinance No. 99-51. .. amended. the direct costs of abotemcnt of eertaic nuisances, including prcscn'bed administr8lÌve oost incurred by the County. shall be assessed against ouch property; and WHEREAS. the cost thereof to the County as to eDeb parcel sball be calculated and reported to the Board of County Commission""', tog<:thcr with a description of said percel; and WHEREAS, such assessment sbaD be a legal, vwid and binding obligation u¡xm the property against IW.ich made until paid; and WHEREAS. the assessment shall become due and payable no later than twenty (20) days of the dale of the. Legal Noticc of AssesS!IlCJ11 and interesl shaIJ accrue on the unplÙd balance beginning on the date this Resolution is recorded at the!'1lle of lwelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, thaI !be property described .. fuJJOW1I, having been abated of a public nuisance after due and proper notice thereof to the ownet(s) of sllid property. is lu:reby assessed tbe following Costs of such abatemenl, to wit: ~ CA V ATAlO. SALVATORE AKD ANTOINEITE LEGAL DESCRIPTION: Lots 2, Blook 253 Unit 7. Part Golden Gate according 10 the pIaL thereof recorded Ì1I PIal Book 5 Page ]43 of the Public Records of Collier County. Florida ~ $155.00 REFERENCE/iI: 1590 FOLIO N: 36448400003 The Clerk shall (by regular mail) mail a copy of IhiB Resolution alon¡ with the Noticc of Assessment of Lien to the owne:r(s) of the above.<fcscribcd property. If within twenty (20) days of the date of wallin¡¡ that copy, the owner fails to deliver paymem in full 10 Collier County, the Resolution and Nolice of Assessment shall be recorded in the official JeCOrds of Collier County. flDd by recording shall c,mmtute a lien against the above-described real property. and 10 the extent allowed by law. &hall also be a lien upon all other rCÐ.! and/or persona! propeny owned by the noted property ovmer(s) in CoUier Cowlty. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County. Florida, tlUs 11th day of January, 2005. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: IòW\W~ ~almer. AssisÙIDt County Attorney . CbairmfID t": I..JÐII MSTJl RESOLUTION Agenda Item No. 16A6 January 11, 2005 Page 10 of22 BOARD Oil COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE 0' ASSESSMENT 0' LIEN Cavataio, Salvatore Cantalo, AatolDette 1783 W. 10" St Brooklyn, NY 11223 REF. INV.# 2590 DATB: FOLIO /I 36448400003 LIEN N1JMBER: LEGAL DESCRIPTION: Loti 2, Block 253 Unit 7, Part Golden Gate according to tho plat thoroof record.d in Plat Book 5 Pogo 143 of the Public Records oCCoIIi", County, Florida You, as tho ownor(s) of the property sbove-descrlbod, as reoorded in tho records mAintained by tho office of tho Prop.rty Appraise<, ore hereby advised that tho Cod. Enforcement Director, did determine a public nuisance .xisted and constituted a violation of county regulations on July 15 2004, and ord.rod the abotomont of 0 oertain DUislUlCO existing on the above property prohibited by Ordinanc. No. 99·51 and served a notice of violation upoo you. Tho OuiS8llCO is: PROHlBlTED ACCUMULATION OF WEEDS, GRASS, OR OTHER SlMlLAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed 10 &bate ouch nuisanco; whereupon, it W1IS ab&ted by tho oxpeoditure of public funds at a direct cost of Fifty Five (555.00) Doll"", plus an administrative cost of Two Hundred (5200.00) dollars for a Iota! of TWO HUNDRED AND FIFTY FIVE DOLLARS (525s.o0). Such oost, by Resolution of tho Board of County Commi..ionors of Collier County, Florida, shall become a lien 00 your proporty when "",orded after approval by the Board. FAILURE TO~PAYTHEAMOUNTSPECIFlEDIN TBIS NOTICE MAY RESULT IN A LIEN AGAINST AL..L...W: YOUR PROPERTY IN COLLIER COUNTY. F: UEHSI MSTR LNAL Agenda Item No. 16A6 January 11 , 2005 Page 11 of 22 RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROYIDINQ FOR TIlE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-5!, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Onlinaoce No. 91-47. as amended. the direct costs of abatomcnt of certain nuislUJCCS. including pre&cribed administrative coat iDCurred by the Cowrty. sball be asaeaseð against such property; and WHEREAS. the cosl thereof to the: County as to each p8I'I:el ahaIl be calculated and reported to the Board of County Commi5Bioners. together with a description ofaaid parcel, and WHEREAS. such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS. the assessment ahaIl become dU<: and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall 0<:CrUe on the unpaid baJance beGimúng on the date this Resolution is recorded at the rate of twelve p<:reent (12%) per annum. NOW. TIfEREFORE. BE IT RF.sOLYED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLŒR COUNTY. FWRIDA, that the property descñbed as follow.. having been abated of a public nuisance after due and proper notico thereof to the owncr(.) of said property. is hereby asse,sed the following co,ts of ,uch abl!tement, to wit: MMI:. HAMIL TON BAY DEV LLC LEGAL DESCRIPTlON: Lola 21 & 24, Block 2. Unit J, Trail A""es. according to the pial thereof as æcorded in Plat Book 3, Page 94. Public Re<:onis of Collier County, Florida. !:;2m $255.00 REFERENCEN: 2S92 lQ!JQ!¡ 0077311400005 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment ofUen to the owner(s) of the above-desc:ribed property. If within '-nly (20) days of the date of mailing that COPY. the owner fails to deliver payment in full to Collier CotØlty. the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shail constitute a lien against the above-described rew property. and to the extent allowed by law, sbalJ aI.o be . lien upon all other real andlor pe...onal property owned by the noted property owner(.) in Collier Count)l. Thls Resolution passed and duly adopted by the Board of C',OI1Dty ColXllllissiotW8 of Collier County. Florida, this 11th day of January, 2005. ArrEST: DWlGHT E BROCK, Clerk BOARD OF COID.'TY COMMISSIONERS COLLIER COUNTY. FLORlDA BY: Deputy Clerk BY: . Chairman Approved as to fonn and legal.u;:: ftJ~ ...... \ Thorn.. C. Palmer. Assistant County Attorney r; UENI Msm RESOLUTION Agenda Item No. 16A6 January 11, 2005 Page 12 of 22 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODEENFORCEMŒNTDEPARTMENT COLUER COUN'lY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Hamilton B.." D... LLC 1919 MaII.hOlter Cir N8pl... FL 34109 REF. INV.N 2592 DATE: FOLIO N 0077311400005 LIEN NUMBER; LEGAL DESCRIPTION: Lota 21 & 24, Block 2, Vllit 3, Trail Acre., occording to the plat thereof os recorded in Plat Book 3, Page 94, Public Records of Collier County, Florida. You, .., Ibe owner(a) of the property above-deacribed, as recorded in the records !I18Înt8ined by the office of the Property Apprai,er, are hereby advised tha1 the Code Enforcemonl ])ireclcr, did determine a public nuisance existed and constituted a violatioD of county reglllotiODS on June 1 g, 2004, and OTdered the ob.tement of . certain lluiianCC existing 011 the above property prohibited by Ordinance No. 99-51 and served a notice of vioJarioD upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROwrH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was ablted by lite e>ependil:ul:e of public funds at a direct cost of Fifty-Five ($55.00) Dollar. plus lID admiDistrative cost of Two Hundred ($200.00) dollars for alotal of TWO HUNDRED FwrY-FIVE DOLLARS (S2!I5.00). Such cost, by Resolution of lite Boord of County Commi.sioner. of Colller County, Florida, .hall become a lien on your property when recorded after approval by the Bœrd. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MA Y RESULT IN A LIEN AGAINST AU.&I YOUR PROPERTY 1:01 COLLIER COUNTY. F: 1JI!NSIMSTR LNAI. Agenda Item No. 16A6 January 11, 2005 Page 13 of22 RESOLUTION NO. 2005,_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR TIlE COST OF THE ABATEMENT OF PUBLIC NUISANCE. IN ACCORDANCE WIlli ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51.... SUCCOISOrw Ordinance No. 91,47. as amended, the direct costs of abatement of certain nuisances, includin~ ¡>RICribed administmtive cost incurred by the County, shall be .......sod .glÙllS1 such propeny; and WHEREAS, the cost thereof to the C01.mty as to esch parcel sball be calcul.ted and "'ported to tbe Board of COW1(y Commissi<mers, tog<rther with a description of said parcel; III1d WHEREAS. such assessment shall be a legal, vaJid and biDding obligation upon the property against which made until paid; and WHEREAS, the .....sment shall become due and payable 110 ¡BIer than twenty (20) days of the date of the Logo! Notice of A....sment and in_ shall OCCNe on the unpaid balance beginning on the date this Reoolution i. recorded at the '8Ù: of'-Ive percent (12%) peT annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUJI.!Y CO:lo1MlSSIONERS OF COLLIER COUNTY, FLORIDA. that the property described as follows, havin¡ been .bated of a public nui.ance after due and proper notice thereof to the owner(.) of ,aid property, i. hereby assessed the following costs of such abatement, to wit: ~ HAMILTON BAY DEV LLC LEGAL DESCRIPTION: Lots 21 & 24, Block 2, Urn! 3, Trail Acres, ac<:ording to the plB! thereof as recorded in Plat Book 3, Page 94. Public Records of Collier County, Florids. ~S2SS.00 REFERENCE#: 2591 !Q1JQ.!¡ 0077311320004 The Clerk shall (by regular mail) mail. copy of this Resolution along with the Notice of As....ment of Lien to the owner(s) of the above..:!cscribed property. If within twenty (20) d.ys of the date of mailing thaI copy, the owner fails to deliver payment in full 10 Collier County, the Resolution and Notice of Assessmen! shall be recorded in the official ,ecords of Collier County, aDd by recording shall constitute 8 lien against the ahovc-deseribed real property, and to the extent allowed by law, sball also be a lien upon aJI other real and/or pe!1lOnal property owned by the noted property owner(s) in Colher County. This Resolution pa5.led ond duly adopted by the Board of County C.ommissioners of Collier County, Florida, this 11th day of1anuary, 2005. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: . Cbainnan Approved as to form and ¡egal .ufficiency: 11~ rJ~ Thomas C. Palmer, ASsistant County Attorney F: UENI MSTR. RESOl.UTION Agenda Item No. 16A6 January 11, 2005 Page 14 of 22 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN HamUlall Bay Dev LLC 1919 Mall.h..ter Cir Napl.., FL 34109 DATE: REF. fNV.N 2591 FOLTO # 0077311320004 LIEN NUMBER: LEGAL DESCRlPTrON: Lots 21 & 24, BJock 2, Unit 3. Ttail Acr.., IIccordiDg to the plat thereof... recorded in Pial Book 3, Paae 94, Public Records ofCoUier Connty. Florida. You, os the owner(s) of the property abovc-d..cribed, os recorded in the record. maintained by the office of the Property Apprai.er, are hereby advised that the Code Enforcement rnr..ctor, did delenoine a pub1ic nuislUlCC exi,'ed and .onstituled a violation of county regulations on Iune ¡S, 2004, and ordered the abatement of II certmn nuil!lUlce exi.tiDg on Ihe above property prohibited by Ordinance No. 99·51 and served anolice of viola lion upon you. The nui.ance is: PROHffilTED ACCUMULATION OF WEEDS, GRASS, OR OTIIER SIMILAR NON- PROTECTED OVERGROWTIlIN EXCESS OF EIGHTEEN (IS) INCHES IN HEIGHT. You failed to abate .uch nuisance; whereupon, it was abated by the expenditure of public funds al a direcl cost of Fifty·Five ($55.00) Dollars plus an admWstralive co.t of Two Hundred (5200.00) dollar. for a lolal of TWO HUNDRED FIFl"Y-FlVE DOLLARS (SZS5.00). Such cost, by Resolmion of the Boord of County Commi",;oners of Collier County, Florida, .hall become II lien on your property when recorded after approvlÙ by the Board. FAILURE TO IlMILY PA. Y THE AMOUNT SPECIFIED IN TIllS NOTICE MA V RESULT IN A LIEN AGAINST AI.L OF YOUR PROPERTY IN COLLIER COUNTY. F: LlBNSI MSTR LNAI. Agenda Item No. 16A6 January 11, 2005 Page 15 of 22 RESOLUTION NO. 2005._ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF TIlE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, .s provided in Ordinance No. 99-5J, as succes5Orto Ordirwm:e No. 91-47, as _ended. the direct costs of abatement of certain nuisances, including preocnòed administrative cost inc1llTed by the County, shall be ..~d againat such property; and WHEREAS, the cost thereof to tJJe County as 10 ...ch parcel shall be calculated aDd reported to the Boan:! of County Commissioners. together with a description of said percel; and WHEREAS, such assessment shall be a Jegal, valid and binding obligation upon the property against \Wich made until paid; and WHEREAS, the a.ssesament shall beœme due and payable no later than twenty (20) days of the date of the Legal Notice of A....sment and interest sh.llaccruc on tJJe unpaid bal= beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, TIlEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having beeJJ abated of . public nui,ance after due and proper nutice thereof to the owner(s) of said property, is hereby .....sed the following costs of such abatemcnt, to wit: ~ CAFFA-MOBLEY ET AL, PRISCILLA LEGAL DESCRIPTION: Lot No. 15 of PINE GROVE SUBDNISION OF IMMOKALEE, according 10 the Plat thereof, as recorded in PI.t Book 2. Page 104, of the Public Records of Collier County, Florida. £QUi $320.00 REFERENCEI/: 2S71 fQlJQ.!¡ OOU930S2000S The CJeri< shaJl (by "'gular mail) mail a copy of this Resolution along with the Notice uf Allsa,sment of Lien to the owner(s) of the above-described property. !fwithin twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of As,essment shall be recorded in the official ,"""rd. of Collier County, and by recording shall constitute a lien against the above-de,cribed real property, and to the eKtel1t allowed by law. shall also be a ¡¡en upon all other reaJ andlor personal property owned by the noled property own.r(s) in Collier County. This Resolution passed and duly arlopted by the Board of County Commissinners of Collier County. FJorida, thi. 11th day ofJanuary, 2005. ATTEST; DWIGHT E. BROCK, Cieri< BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY; , Cbairtnan Approved ... to fOIm and legal sufficiency: Thomas 1f~'At¿~AttomeY P: lJENI ~TK 1l.E.S00.l!I1ON Agenda Item No. 16A6 January 11, 2005 Page 16 of?2 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLŒRCOIDfiY,nORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Caffa-Mobloy II AI Pri.dIJa 74%6 MeauMe Dr. Api A Ft. Campbell, KY 4%%%3 DATE: REF. INV.# 2571 FOLIO # 0669303%0003 LIEN NUMBER: LEGAL DESCRIPTION: Lot No. IS of PINE GROVE SUBDIVISION OF IMMOKALEE. according to the Plat thereof; "" rec:orded in Plat Book 2, P.~ 104, oftbe Public Reeord& of ColJior Counl}', Flonda. Y DUo as Ibe ownor(s) of 1ÌIe propetty above-de.cribed. OS recorded in tho records maintained by the offico of the Property Appraiser, are bereby advised that 1ÌIe Code Enforcement Director, dJd dclermine . publie nui..n". ""isted and constituted a viol.tion of counly regulations on July 19, 2004, and o!'dOted the abat<ment of a certain nuisance exiating on the above property prohibited by Ordinonce No. 99-51 and served a notice of violation upon you. The nuisance is: PROHI.8lTED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You Med to wale such nuisance; whereupon, it w.. .bated by the expenditure of public fund. at a direct cost of One Hundrod and Twenty (5120.00) Dollars plus an adminiotrative cost of Two Hundred (5200.09) dollars for . total of THREE HUNDRED AND TWENTY DOLLARS ($3%0.00). Such oos~ by Resolution of the Board of County Commiseioners of Collier County, Florid., ohall become a lien on your property wben recorded afte:r approval by tbe Board. FAILURE TO IlMEIJ: PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESTJL T IN A LIEN AGAINST A1J,&[ YOUR PROPERTY IN COLLIER COUNTY. F: UEN5I M5TR LNAL Agenda Item No. 16A6 January 11, 2005 Page 17 of 22 RESOL\JI10N NO. 2005._ A RESOL\JI10N OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR mE ASSESSMENT OF USN FOR lliE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51. AS AMENDED WHEREAS. as provided in Ordinance No. 99·5!, as successor 10 Ordinance No. 91-47, as amended, the direct costs of ebatement of certain nuisances, including pr=:ribed administrative cost incurred by the COWlty, shall be asaessed against such property; and WHEREAS, the cost thereof 10 the County as to each parceJ .ban be calculated and reported to the Boerd of County Commissiol1CŒ, to~ with a descciption of said percel; and WHEREAS, such "",sSIlumt shan be a leg&!, valid and binding obligation upon the property against which made until paid; and WHEREAS. the assersmen¡ shall become due and payable no later than twenty (20) days of the date of the Legal Nonce of Assessment and lntercot shall accrue OD the unplÚd balance beginning on the daÞ: this Resolution is recorded at the rate of twelve p=ent (12%) pcr annum. NOW. TIJEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, thai the property doscribed as follows, hRving been abated of a public nuisance after due and proper notice thereof to the owner{s) of .Iid property, i. hereby assessed the following costs of such abRtement. to wit: ~ MURPHY, JOHN E. LEGAL DESCRIPTION: The North half of Lots 25 and 26, Block 4. ofW.H. SUITency's Subdivision, as .hown on the Plat therecfrecorded in OR Book 675 PG 1650. Public Records of Collier COID1ty, Florida. £Q§I¡ $155.00 REFERENCE#: 1565 fQIJQJ/¡ 0762111760009 The Cieri< shaH (by regular mail) mail a copy of tltis Resolution along with the Notice of Assessment ofLien to the owner(s) of the above-<lescribed property. If within twenty (20) days of the date of mailing thet COPY. the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment .hall be recorded in the official reoords of Colli... County, ond by recording shall constitute a lien against the above-desc:ribed rea! property, and to the extent allowed by law, shall also be a lien upon all other reo! andIor peroonal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by tile Board of County Commissioners of Collier County, Florida, this 11111 day of Ianuil!)'. 2005. ATTEST: DWIGHT E. BROCK. Clerk IJOARD OF COUNTY COMM1SSJONBRS COLLIER COUNTY. FWRlDA BY: Deputy Clerk BY: , Chairman Approved as to fonn and legal sufficiency:. M lb~ ~ ~ Thomas C: Palmer. A .¡stant County Attorney P: UI:!NI M8TR RESOu..rrJON Agenda Item No. 16A6 January 11, 2005 Page 18 of 22 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMlINT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Murp'Y, .Iolm E. 2471 Pine St. Napl.., FL34t1Z DATE: REF. lNV.# 1565 FOLIO # 076Z10760009 LIEN NUMBER: LEGAL DESCRIPTION: The North half of Lots 25 and 26, Block 4, ofW.H. SWTOJIcy's Subdivision, as shown on the Plat thoroofrecorded in OR Book 675 PO 1650, Public Records of CoIlier County, Florid.. Vou, as tho ownor(s) of thc property above-doøcribed, as recorded in !he record. maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Diroetor, did dotorrnine a public nuislDcc existed and constituted a violation of county ,egulnons on July 31, 2004, and ordered the .b.tement of a certain nuisance existing on tho above property prohibiled by Ordinance No. 99-51 and served a noli.e ofvio!at:ion IIpOD you. The DUÍJlance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER. SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. Vou failed to .bate such nuisance; whereupon, it was abated by the OJIpendi1= of public fuuds at a direct cost of Fifty-Five ($55.00) Dollars plus an admJnJs1ntive coat of Two Hundred (S200.00) dollars for s tol.l of TWO HUNDRED AND FIFrY·FlVE DOLLARS ($%55.00). Such cost. by Resolution of the Boord of County Coo""i..ioDerS of Collier County, Florida, .hall become a Jien on your proper1y when recorded ofter .pproval DY the Bo.rd. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MA Y RESULT IN A LIEN AGAINST ðJ.J.&J1 YOUR PROPERTY IN COLLIER COUNTY. f': I.IENSI MSTIl LNAL Agenda Item No. 16A6 January 11, 2005 Page 19 of~2 RESOLI.lTIO¡'; NO. 2005-_ A RESOLUTION OF TIiB BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUlSA.'ICE, IN ACCORDANCE WIlli ORDINANCE No. 99-51, AS AMENDED WHEREAS, as psovjded inOrdinlmcc No. 99-51, as 8UOCCSSor to Ordiru!:nce No. 91-47, as smended, the direct com of abatcmc:nt of certain nUÍ8aD£es. including prascribod administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, !he cost thereof to the County as to eacl1 parcel shall be calculated and 11! JOrted to tbe Board of County Commissioner.¡, together vrith a descripdon nf said parc.~ UId WHEREAS. such assessment sball be a legal, valid and bindin¡ obligation upon the property against which made until paid; and WHEREAS, !he assessment shaH become duo ond payable no later than IW<:nty (20) day. of the date of lb. Legal Notice of Assessment and imer..t ,hall accrue on the unpaid balance beginning on the date this Resolution i. =orded at the rate of twelve percent (12%) por annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as fullows, having been abated of a pUblic nuisance after due and proper notico thereof to the owner(a) of aaid property, is hueby .."",,:¡cd the fol1owing cool. of such abatement, to wit: &1.ME!. REDDING, DAVID LEGAL DESCIUPTION: The South 60 reet of the Nor1h 240 feet of the West 228.80 feet of the North Y. of the Southwest 'f. ofth. Southeast V. of the Snulb...t V. ofSeedon 4, Township 47 South, Rmge 29 East, Collier County, Florida; less Lhe East and West 300 feet for road right-of-way. J;;Qfi¡ $155.00 REFERENCE#: 2516 fQ1!2!;, 000 lZ5280oo6 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Asoessmem of Lien 10 the owner(.) of the above-described property. ¡fWlthin twenty (20) days of the date of mailing that copy. the owner fail. to deliver payment in full to Collier CoUDly, the Resoiution and Notice of Aasessmenl shaJJ be recorded in the official recorda of Co [jer County, and by recording shall constitule . lien against Ihc above-described real property, and to the extent .1I0wed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution pasaed and duly adopted by the Board of County Commissioners of Collier County. Florida, tlús 11th day of January, 2005. ATIEST: DWIOfIT E. BROCK, Cla1c BOARD OF COUNTY COMMISSIONERS COLLiER COUNTI", FLORIDA BY: Deputy Clerk BY: . Chainn;';; -- Approvod as to fonn and I.gal~ PJ~ Thomas c. Palmer, Assistant County Attorney F: UENI MSTR 1tES00UTION Agenda Item No. 16A6 January 11, 2005 Page 20 of 22 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN ReddùIg, David 601 W DeIa"are Ave, Apt 11 Immokale., FL 34142 DATE: REF. INV.# 2516 FOLIO # 000125280006 LIEN NUMBER: LEGAL DESCRIPTJON: Th. South 60 f..tofth. North 240foet ofllle W..t 228.80 f."ofth. North I> ofllle Southw..t \4 of tho Southeast i4 ofth. South"".t '" of Section 4, Township 47 South, Rango 29 East, Co1lier County, Florida; leo. tho But and West 300 feflt for road right-cl'-way. You, as the owncr(.) of the propcny abovo-dc.cribed, as recorded in the record. maintøinod by the office of the Property Appru.er. are hereby advised that the Code Enforcement Directot, md determine a public nuisance OKisted and constituted a violalion of county regulation. On April 20, 2004, and ordered tile abatcwe:ut of a certain nui.anc. existing on the above property prohibited by Ordinance "0.99-51 and served s noti"" of violation upon you. The nuisauce is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON· PROTECTED OVERGROWTH IN EXCESS OF EIGIITEEN (18) INCHES IN HEIOm. You failed to abate such ow"",..; wbereopOl1, it was abated by tho expendiluno of public funds al a direct cost of Fifty-Fiv. ($55.00) Dol1ars plus an admilÚstrative eost of Two Hundred (1200.00) dollllI1l for a total of TWO HUNDRED AND FIFfY-FIVE DOLLARS ($255.00). Such eo,t, by Resolution of tbe Board of County Commi.,iollO!1i of Collier County. Flonds, shan beoome a lien on your property when recorded after approval by the Board. FAILURJ: TO I!MID.X I'll. Y THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A UEN AGAINST.YJ.&l YOUR PROPERTY IN COLLIER COUNTY. F: LlBNS! M!TR LNAL Agenda Item No. 16A6 January 11, 2005 Page 21 of 22 RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATIìMENT OF PUBLIC NUrSANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, .. provided in Ordinance No. 99-5], as .uccassor to Ordiœnce No. 91-47, .. amended, tho direct costs of abatemen.t of certain nui!lOllCCS, including prcscribcd administrative coot incurred by the County, sball be ..se...d agaiu.rt such property; and WHEREAS, the coot thereof to the COWlty as to each parcel ohaLI be calculated and reported to the Boord of County Commissioners, together with a description of said percel; and WHEREAS, such assessment shall be a legal, valid and binding obliaa!ion upon the property against wbich made wrt.iJ paid; and WHEREAS. !he ........!lmen.t shall become due and payable no biler than tweltty (20) days of tho date of the Legal Nolice of Asseasmen1 and interest shall accrue on the unpaid balance beginning 00 the date this Reso]ution is recorded at the rate of twelve percent (l2%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property de...ribed as follows, having heen abated of. public nuisance after due and proper notice thereof to the owner(s) of slÙd property, is hereby .....sed the following costs of such abatement, to wjt, ~ BA YSHORE LAND DEVELOPMENT LLC LEGAL DESCRIPTION: Lot 6, Linda Parle, according to the Plat thereof as recorded in Plaí Book 4, Page 19. Public Record. of Collier County, Florida. ~ 52,400.00 REFERENCF.II: 1556 mL!Q..!¡ 05570024000S The Clerk shall (by rcguJar mail) mail a copy of this Resolution along with the Notice of ABiessment of Lien to the owoeI(s) of the abovo-described propeny. If wi!h;n twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Noti"" of Assessmen.t shall be recorded in the official records of Collier County. and by recording shaJJ constitute a lien agains! tho above-described real property, and to the CJC!eQt allowed by law, ,hall also be a lien upon all other real and/or pmonal property owned by the noted property owner(') in Collier County. TI1Ís Resolution poose<! and duly adopted by tho Board of County Commissioners of Collier County, Florida, thi, 11th day of January, 2005. A TfRST: DWIOHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY, Deputy Clerk BY: . Cbainnan Approved as to form and legal sUlk J'J.J~_ ~a1mer, A..istant County Attorney F; UENlMST1I. RR.mLL7ION Agenda Item No. 16A6 January 11, 2005 Page 22 of 22 BOARD OF COUNTY COMML'iSIONKRS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Bay.hore Land Developm.nt LLC 2329 Tamlaml Tran Nortll Nap''', FL 34103 DATE: REF. lNV.# 2556 FOLlO # 055700240005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 6. LÍDda PBJ'k, ac<:ordiDg to me Plat thereof as recorded In Plot Book 4, Page J 9, Public Records of Collier COUJ1ty, Florida. You, as the owneres) of the property above-<lescribed, as recorded in the record. maintained by the office of the Property Appralsor, are hereby advised that the Code EDforcement Director. did determine a public nuisance exi.ted and constituted a violation of county regulations 011 July 1, 2004, and ordered the .balom",,! of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notiee ofviolati011 upon you. The ßUÍ8ance is: LITTER; PROfflBITED DUMPING, ACCUML'LATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONDED PROPERTY. You failed to .bate such nuis"",,"; whereupon, it was abated by the expenditure of public funds ot . direct cost of Two Thousand and Two Hundred ($2,200.00) Dollaro plus 1111 administrative cost of Two Hundred ($200.00) dollars for a total of TWD THOUSAND AND FOUR HUNDRED DOLLARS (52,400.00). Such cost, by Resolution of the Board of County Corom;..;oner. of Collier County, Florida, sball become alien on your property when recorded after approvw by the Board. F Aß.URE TO I!MII.ï FAY TnE AMOUNT SPEClF1ED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ~ YOUR PROPERTY IN COLLIER COUNTY. F: UF.NSfMS1lt.IJ'iAL ,--~._-- Agenda Item No. 16A7 January 11, 2005 Page 1 of 7 ,..-.. EXECUTIVE SUMMARY Recommendation to approve the Satisfactions of Lien for Code Enforcement Board Case No.'s: 2004-036; Board of County Commissioners vs. Del H. Ackennan; 1995-012; Board of County Commissioners vs. Louis Filostin and Ocepha Polite; 2001-018; Board of County Commissioners vs. Philip and Anna Marrone and 2004-021; Board of County Commissioners vs. Greg and Jane Bee. OBJECTIVE: To approve the Satisfactions of Lien in Code Enforcement Board cases: 1. 2004-036; Board of County Commissioners vs. Del H. Ackennan. 2. 1995-012; Board of County Commissioners vs. Louis Filostin and Ocepha Polite. 3. 2001-018; Board of County Commissioners vs. Philip and Anna Marrone. 4. 2004-021; Board of County Commissioners vs. Greg and Jane Bee. - CONSIDERATION: 1. 2004-036; On August 30, 2004, a public hearing was held before the Code Enforcement Board regarding violation of Ordinance 91-102, as amended, Section 2.8.3.5.12.3.1. An Order Imposing FinelLien was recorded in Official Record Book 3637, Page 3716, et seq. in the Public Records of Collier County, Florida. An Affidavit of Compliance has been filed bearing the date of November 2, 2004, indicating compliance with the Order of the Code Enforcement Board. In November 2004, the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. 2. 1995-012; On July 27, 1995, a public hearing was held before the Code Enforcement Board regarding violation of Ordinance 91-102, as amended, Sections 2.1.15 and 1.8.7. An Order Imposing FinelLien was recorded in Official Record Book 2110, Pages 1299, et seq. on October 19, 1995 and re-recorded in Official Record Book 2701, Pages 2026, et. seq., on July 24, 2000 in the Public Records of Collier County, Florida. An Affidavit of Compliance has been filed bearing the date of November 30, 1995, indicating compliance with the Order of the Code Enforcement Board. In November 2004, the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. /- Agenda Item No. 16A7 January 11, 2005 Page 2 of 7 3. 2001-018; On April 26, 2001, a public hearing was held before the Code Enforcement Board regarding violation of Ordinance 91-102, as amended, Sections 1.5.6, 2.1.15,2.5.12.1,2.5.12.4.9,2.5.5.2.5.1.2, and 2.5.8. An Order Imposing FinelLien was recorded in Official Record Book 2867, Page 0140, et. seq. and re-recorded in Official Record Book 2867, Pages 0424, et. seq., in the Public Records of Collier County, Florida. An Affidavit of Compliance has been filed bearing the date of July 9, 2002, indicating compliance with the Order of the Code Enforcement Board. In November 2004, the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. -,'........ 4. 2004-021; On April 22, 2004, a public hearing was held before the Code Enforcement Board regarding violation of Ordinance 91-102, as amended, Sections 2.2.24.3.2 (La) and 2.2.24.5, and 3.9.3. An Order Imposing FinelLien was recorded in Official Record Book 3673, Page 3625, et seq. in the Public Records of Collier County, Florida. An Affidavit of Compliance has been filed bearing the date of August 31, 2004, indicating compliance with the Order of the Code Enforcement Board. In November 2004, the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Forty Dollars ($40.00) for four satisfactions (1 page each). This cost will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMP ACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfactions of Lien in the above referenced cases and authorize their execution and recording in the Public Records of Collier County, Florida. Prepared by: Shanelle Hilton, Administrative Secretary, Code Enforcement. .,- 118m Number 118m Summlry Mlltlng Dat. Approved By Janet Powors Cm\'1munity Devulopnutflt & Envirotllnontal Service" Agel1üa Item No 16A 7 Janusrv 1'\ _ 2005 Page 3 oj 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1M7 Recommendation to approve Satisfaction of Liens for Code Enforcement Board Case Nos 2004-036; Board of County Commiltsioners Vii. Del H. Ackerman; 95-012; Board of County Commluianers V$. LouÎfj Fílostin and Ocepha Polite; 2001 ~018~ Board of Ci>Ul'lty Cornnll&sioners ....&. Philip and Anna Marrone and 2004-021; Board of County Comn~jlSloner15 V!; Greg and JaM Bec. 1111/20059',00:00 AM Op(lr..tion~ Managflr Dntl!! Codoe Enfc>reemol\t 12/16/200411:24 AM Approved By D... Constance A. Johnson Community Development & Enyironmenlol Sorvl~e1i Operation.. Analyst COTnm\I 1ity Devnloprnunt & Environmental S......icf!; . Admm. 12/21/200410:03 AN Silndr-. Lea Executive Secretary Datt! Approved By Communìty Development & Environmental Serviceø. Communily Development & Environmental Servicea Admin, 12'21/20Q4 "O~32 AM Mlchll'llC' Edward'» Arnold Code Enforcl!!t"ent Dirm;tor Date Approved By CnlnnuJnlty DeVllløFltnltut A Environmenta! ServlçtM Code EI\forcemel1t 12121J20041 :38 PM Approved By Dot. Joseph K. Schmitt Community Dcwntopme:nl &- EnvironmentAl Services. Community Oevelopment & Environmental 6ervjce~ Adminstrator Community D4Ivelopment & Environmcn1al ßorrviCCT$ Admin. 12/22/20041 :23 PM OMS Coordln,¡tor Adrnir i."ItmtivCl A'$itlt¡mt Date Approved By CDunty ManA~nr'. Qffic: ! Offic:fI of Mllnlll1emellt 8. 8ud11ut 12'22/20U4 2:02 PM Mark l..ackJ,on Budget Analyst Date Approved By County Mnnal' Jer''i Otf,c( Offiu ot ManOlYIlln1ent & Budget 12/22/2004 "67 PM Mkhael Smykowski M;¡n"gemQnt & Budget Director Datel Approved By CDunty Manager>s OfficÐ Office of Management & B\ldgot 12/27/20048:3% AM .ltlmeN V. Mudd Cuunty Man.gr.r Diltr. Approved By Board of County Con"ninuioners County Manager'5 Office 12/31120041 :22 PM Thl> JllSUUment preporcd \>y: l..ron.ordo Ikman..,. Opcw."." CoordJDOIOr Ct1de liMo""""".. o.1,",t1flCßI 2800 N. HonetI1oc Dnv, Naples. Florida 341 I:! (2.:19) 40:1- 2440 RELEASE AND SATISFACTION OF LIEN This IS to certify Ihat the claim of lien in the sum of Five Hundred Seventy-Two DoHan; ($S72J)()), arising out of the Code: Enforcement BOIU'd Order dated AugusI 30. 2004. a copy recorded in O.R. Book 3637. Pages 3716. et seq. on September 8. 2004. of the Public Rcxords of CoJlier County. Florida agamst the following described reu! property. and all other real and personal property. Jocated in ColJicr County. which is owned byDcJ H. Ackerman has been discharged in full. The real propelt}' localcd at 280~ Thomasson Drive. Naples. florida. more particularly described as Jonesville 1..01 3, a~'Cording 10 Plat Book 4, Page 41 of the Public Records of CoJlier County, ¡"loridu. Folio No.: 52600120008 Reference: CEB No. 2004-036 The undersigned is authorÌ1.c:d to and docs hereby release this lien as to the whole of the above-described real property. and all other real and personal property owned by Del H. Ackennan and consenls 10 this Hen heing discharged of record. Dllted this __ day of .200_. ArrEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COU-IER COUNTY. FLORIDA By: , Deputy Clerk CHAIRMAN iJ:;onn ~~__ 1^-1--~- r\. A. latzkow n1 , ¡ounl)' Attorney \¡ ., Agenda Item No. 16A? January 11, 2005 Page 4 of? Agenda Item No. 16A7 January 11, 2005 Page 5 of 7 Thí. i.SJru...,n. pn! >ØfOd by: Leo....do 80....0. Opc!rltíOM (,,,,,,dinll'" Code Bnfuroemenl ÐepallJ1>em l800 N. Honesho<: Drì-c NapI.., Florida 34 m (23'11403-1440 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising 001 of the Code Enforcement Board Order dated October 13. 1995. a copy of which was rerordcd ín OR Book 2110. Page~ 1299. et seq. on October 19, 1995, and re-recorded in O.R. Book 2701, Pages 2026. el seq., on July 24. 2000, of the Public RWJrds of Collier ("..ounty, florida, against the following described rea) pmperty. and all other real and personal pro¡x."I1y located in Collier County. owned by Louis Filostin and Qcepha Polite has been satisfied in full. The real propeny locat.."!! at 210 N. S'h Street, ]mmokalee, Florida, more specificlÙly described as being ÙJIS 5 and 6. B10ck C, Joyce Park. according to Plat in Plat Book 2. Page 101, in the Public Records ofCo/lier County. Florida. Folio No. 52651240005 Cost; $]4,100 Reference: c.'EO No. 95-012 The unœrsigned is authorized to and doe.~ hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Louis Filostin and Ocepha PoHte. and consents to this lien being discluirged of record. Dated this _ day of .204L. ATTEST: DWIGHT E BROCK. Clerk BOARD OF COUÏIo'TY COMMISSIONERS COU..IER COUNTY. FLORIDA By: CHAIRMAN , Deputy Clerk 11\,. ¡"""'",cnt ¡npan:d by: I..corwdo BonlJ1J1a. Openm,.. Coordnwnr C.odè Eøforccmcnt Deport",.n, 2800 N. Honicahoc Dn"c N*PIe>. Flood¡¡ ).4112 (.1.19) 403-2440 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien ariSing out of the Code Enforcement Board Order dated July 23.2001. a copy of which was recorded in O.R. Book 2867. Pages 0140, et scq. on July 27.2001. and re-m;orded in O.R. Book 2867. Pages 0424. el seq.. on July 30. 2001. of the Public Records of Collier COUnly. Florida. against the folJowing described real property. and all other real and personal property located in Collier County. owned by Philip A. Marrone and Anna Maria Marrone has been satisfied in full. The real property located at 2096 Tamiami Trail Easl. Naples. Florida. more specifically described as being Lots 41.42.43.44. and 45. COL·LEE-CO TERRACE. according to plat thereof in Plat Book L Page 32, of the Public Records of Collier County. I-lorída. Folio No. 26880560003 Cost: $567.52 Referen~: CEB No. 2001-018 The undersigned is authorized to and does hereby release this lien as to the whole of the above·described real property. and all other real and personal propeny owned by Philip A. Marrone and Anna Maria Marrone. and consents to this lien being discharged of record. Dated this _ day of .2()()_. ATrEST: DWIGHT E. BROCK. Clerk BOARD OF COUJ'.TY COMMISSIONERS COWER COUNTY. FLORIDA By: . Deputy Clerk CHAIRMAN Agenda Item No. 16A7 January 11. 2005 Page 6 of 7 11\1$ illill11M<nl preJW'!d by' l<onlltdo 8<>...100, Opm.tiom a",rdínaw, Cod. 1'....1,,,,,,,,,,,,,, Dep......."1 :2iOO K H<>r.Ie,hoc Dm. NII¡IIc$. Florida 3011 J 2 (239) 4(13·2+1\) SATISFACTION OF LIEN This is to certify thatlhe claim of lien arising out of the Code Enforc.:ement Board Order dated November 2. 2004, a copy of which was recorded in O.R, Book 3673. Pages 3625, et seq. on November 5, 2004. of the Public Records of Comer County. Florida, against the following described real property. and all other rea] lIod personal property located in Col Her County, ownt.-d by Greg .Bee and Jane Bee has been discharged in ful!. The real property located at 7CY7 Webb Rood. Copeland. Florida. more specifically described as being two parcels of land located in Sections 12 and 13, Township 52 South, Range 29 East, more ¡r&ticularly described on the parcels Sand T. Folio No. 01134801909 TIle undersigned is authorized to IInd does hereby release this lien lIS to the whole of the above-described real property, and all other real and personal property owned by Greg Bee and Jane Bee. and consents to this lien bemg discharged of record. Dated this ._ day of __.20<'-. ATIEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COI.J..IER COUNTY, FLORIDA By: . Depuly Clerk . CHAIRMAN Agenda Item No. 16A7 January 11, 2005 Page 7 of 7 Agenda Item No. 16A8 January 11, 2005 Page 1 of 25 .-' EXECUTIVE SUMMARY Recommendation to approve the agreement between Collier County and St. Matthew's House, Inc. for the administration of an Emergency Rental Assistance Program for the purposes of providing individual households with emergency rental assistance for the payment of rent, security deposits, and utility deposits. OBJECTIVE: Acquire Board of County Commissioners' (BCe) approval of the agreement between Collier County and St. Matthew's House, Inc. for the administration of an Emergency Rental Assistance Program for the pU1poses of providing individual households with emergency rental assistance for the payment of rent, security deposits, and utility deposits. St. Matthew's House, Inc. is an existing provider of U.s. Department of Housing and Urban Development (HUD) rental assistance programs. CONSIDERATION: The Board of County Commissioners of Collier County approved the Collier County Consolidated One-Year Action Plan for fiscal year 2004-2005 for the Community Development Block Grant Program (CDBG) by resolution on April 13, 2004. To address the growing need for rental assistance, CDBG funds have been reallocated to this project. ,-- FISCAL IMPACT: Collier County receives U.S. Department of Housing and Urban Development (HUD) funding for eligible HOME projects. The budget for this Emergency Rental Assistance project is $13,986.00, which is available within the Federal Grants Budget. GROWTH MANAGEMENT IMP ACT: The provision of affordable rental housing assistance is consistent with the goal of the Comprehensive Plan's Housing Element to provide affordable housing. RECOMMENDATION: To approve the agreement between Collier County and St. Matthew's House, Inc. for the administration of an Emergency Rental Assistance Program for the purposes of providing individual households with assistance for the payment of rent, security deposits and utility deposits. PREPARED BY: Rosa Muñoz, Grants Management Coordinator Financial Administration & Housing Department .-' , ..,..~--._---",^" Item Number Item Summary Meeting Date Agenda Item No. 16AB January 11, 2005 Page 2 of 25 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1MB RecolT1mel)da1ion to approve the agreement between CoWer County al1d S1. Matthew's House, Inc, for the admJ/1istra1ion of,:¡n Ern~rgency Rental Assistance Progri:!im for the purposes of providing individual hOllseholds with emergency rent31 assistance for the payment af rent. security depDsits, and utIlity deposits 1/11/20059:00:00 AM Prepared By Administrative Au.i$tant '1 2rt Si2004 1:27:03 PM Nó1ncy Mesa Community Development & Enyjronmerntnl Setvjce~ Date Financial Admin, & Hou.s.ing D;~t~! Approved By Cormac Giblin Community Development & Environmental SelVices Hou~ing Dt!velopm(!rlt Mmlutlcr FitlltrJci...1 Adrnìn. ,& Housing 12/161200411:43 AM E)tecutïvc SÐ<:.retary Date A pproved By 5undm l.ea Ccnnmunîty Devl~løprnnnt 0\ Environmental ServÍ<:e~ CI)nlrnuníty D~vel()wnent & Environrmmhll S(!lVi¡;E!$ Admin. 12/21/200411:58 AM Date Approved By Constance Ä. Johnson Community Dr....~lopment & Environmental Services Operations Analyst Commuflity Devr.loprnent & Environmental Services Admïn. 12/21/20042:06 PM Date A pproved By JO!K!ph K. Schmitt Community De...elopment & Environmentíll Service~ CorntnOflity Ojwnll)pmmlt &: Envitomne".al Sj~rvìc.~¡. Adminstnltor CDmrnuníty Development & Environment",1 Servicc~ Admin. 12/2212004 1 :25 PM Administrative Assistant Da~e A pproved By OMB CDordlnator County Manoayer's. O1fia;; ~ Office of Manugetn~nt & Budget 12/2212004 2:09 PM Budget An.alyst Dat~ Approved By Marie Isac'kaon County Manager's Office Office of Management & Budget '12123/20049:20 AM Mi10il9urn1l\nt & Budget Dirudor Dnte A pproved By Mich,)p.! Smykawski County M<lnagcr's Offil:(? Office of Maml!Jemmt1 & Budgl~1 1Zi2712004 8:54 AM County Manager Date Approved By James V. Mudd Board I)f County Commis9ianers County M.mager's Offk..e 12130/2004 &:41 PM -.'-..,....---- Agenda Item No. 16A8 January 11, 2005 Page 3 of 25 AGREEMENT BETWEEN COLLIER COUNTY AND ST. MATTHEW'S HOUSE, INe. Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-Q4-UC-l 2-001 6 THIS AGREEMENT, is entered into this day of 20-, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and "St. Matthew's House, Inc.," a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 2001 Airport Pulling Road South, Naples, Florida 34112, and its Federal Tax Identification number as 65-0097432, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 197 4 (as amended); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood! community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2004-2005 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2004-2005 for the CDBG Program by Resolution on Apri113, 2004, including the use of this standard form Agreement; and St. Matthew's House, Inc. Page 1 of 23 Agenda Item No. 16A8 January 11 , 2005 Page 4 of 25 WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2004-2005 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and S1. Matthew's House, Inc. desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage S1. Matthew's House, Inc. to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (I) "County" means Collier County, and where applicable, its authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "FAH" means the Financial Administration and Housing Department of Collier County. (4) "SUBRECIPIENT" means S1. Matthew's House, Inc. (5) "FAR Approval" means the written approval of the FAR Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by BUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by F AH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B" along with Exhibit "C," all of which are attached hereto and made a part hereof. m. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by BUD under Grant No. B-04-UC-12-oo16. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the pwposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June IS, St. Matthew's House, Inc. Page 2 of 23 Agenda Item No. 16A8 January ii, 2005 Page 5 of 25 2005. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $13,986 (THIRTEEN THOUSAND, NINE HUNDRED EIGHTY SIX DOLLARS) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be perfonned by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to F AH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUB RECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otheIWise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENT A nON OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by F AH. No payments will be made until approved by the F AH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify F AH in writing within thirty (30) days of receiving notification fÌ"om the funding source and submit a cost allocation plan for approval by the F AH Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES. REGULATIONS AND LAWS During the perfonnance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and S1. Matthew's House, Inc. Page 3 of 23 Agenda Item No. 16A8 January 11 , 2005 Page 6 of 25 made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107- The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title Vß of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabllitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and Sa - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted St. Matthew's House, Inc. Page 4 of23 Agenda Item No. 16A8 January 11, 2005 Page 7 of 25 projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. BUD - required reports, circulars, and procedures, such as the Grantee Perfonnance Report. 24. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-I02. This subpart includes 24 CFR 570.502. 26.0MB Circular A-133 - concerning annual audits. 27.0MB Circular A-122 - which identifies cost principles. 28. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A-lIO Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 30. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. St. Matthew's House, Inc. Page 5 of23 Agenda Item No. 16A8 January 11, 2005 Page 8 of 25 C. SUBCONTRACTS Any work or services subcontracted by the SUB RECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUB RECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUB RECIPIENT to F AH for its review and approval, which will specifically include a detennination of compliance with the tenns of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons perfonning work plus hourly rates includìng benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the F AH Department or his designee. D. AMENDMENTS The County may, at its discretion, amend this Agreement to confonn to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incmporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. E. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers hannless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent pennitted by law. The SUBRECIPIENT will hold the County hannless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. St. Matthew's House, Inc. Page 6 of 23 Agenda Item No. 16A8 January 11, 2005 Page 9 of 25 F. GRANTEE RECOGNITION All fucilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by F AH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of tennination for any of the following reasons, all finished or unfinished documents, data studies, smveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH or the County. In the event oftennination, the SUBRECIPIENT shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the SUBRECIPIENT, and the County may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the County from the SUB RECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to tenninate this Agreement in whole or part by giving written notice of such tennination to the other party and specifying therein the effective date of tennination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, tenninate this Agreement upon ten (10) working days written notice to the other party. Upon tennination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or tenninated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida St. Matthew's House, Inc. Page 7 of 23 Agenda Item No. 16A8 January 11, 2005 Page 10 of 25 Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for aJI owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUB RECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners. a Political Subdivision of the State of Florida. its Officers. Employees. and Agents. c/o Dq>artment of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. St. Matthew's House, Inc. Page 8 of 23 Agenda Item No. 16A8 January 11 , 2005 Page 11 of 25 1. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REOUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A-II 0 (Uniform Administrative Requirements for GTants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENT A nON AND RECORD-KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or F AH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to F AH if requested In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUB RECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502,507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. St. Matthew's House, Inc. Page 9 of 23 Agenda Item No. 16A8 January 11, 2005 Page 12 of 25 C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in confonnity with the procedures prescribed by the Federal Management Circulars A-llO, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incOlporated herein by reference. D. REPORTS. AUDITS. AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL FAH. COUNTY. AND HUD REOUIREMENTS F AH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by F AH, the County, or HUD at any time. F. PRIOR WRITIEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of $1 ,000 or more; (c) All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d) All change orders; and (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (t) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during nonnal business hours and as often as FAH, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to F AH, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB St. Matthew's House, Inc. Page 10 of 23 Agenda Item No. 16A8 January 11, 2005 Page 13 of 25 Circulars A-lIO (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds ITom all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to F AH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUB RECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUB RECIPIENT as defined in A-133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAll. Such income would include, but not be limited to, income nom service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to F AH, and said plan shall require the prior written approval of the F AH Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-II 0 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit N' of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUB RECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUB RECIPIENT requests to utilize uncommitted funds. 1. GRANT CLOSEOUT PROCEDURES 8UBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. 81. Matthew's House, Inc. Page 11 of23 Agenda Item No. 16A8 January 11, 2005 Page 14 of 25 IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the perfonnance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Commmùty Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ETNERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to F AH upon F AH' s request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that F AH will carry out periodic monitoring and evaluation activities as detennined necessary by F AH or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the tenns of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the County or the County's designees and make copies or transcriptions of such records and infonnation, as is determined necessary by FAH or the County. The St. Matthew's House, Inc. Page 12 of23 Agenda Item No. 16A8 January 11, 2005 Page 15 of 25 SUBRECIPIENT shall, upon the request of F AH, submit information and status reports required by F AH, the County or HUD on fonns approved by F AH to enable F AH to evaluate said progress and to allow for completion of reports required of F AH by HUD. The SUBRECIPIENT shall allow F AH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as detennined by F AH or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the perfonnance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to F AH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or perfonning any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarde~ must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICA nON REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigne~ to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, St. Matthew's House, Inc. Page 13 of 23 Agenda Item No. 16A8 January 11 , 2005 Page 16 of 25 a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Unifonn Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EP A) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of St. Matthew's House, Inc. Page 14 of23 Agenda Item No. 16A8 January 11, 2005 Page 17 of 25 properties constructed prior to 1978 be properly notified that such properties may include lead- based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation' Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the tenns and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUB RECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200G) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-two (22) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) countetparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. St. Matthew's House, Inc. Page 15 of23 Agenda Item No. 16A8 January 11, 2005 Page 18 of 25 XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this day of .20 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLUERCOUNTY, FLORIDA By: Patricia Morgan, Deputy Clerk By: CHAIRMAN ST. MATIHEWS HOUSE, INC. Approved as to fonn and legal sufficiency: By: Rev. Vann R. Ellison, Executive Director Patrick G. White Assistant County Attorney St. Matthew's House, Inc. Page 16 of23 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: Agenda Item No. 16A8 January 11, 2005 Page 19 of 25 A. PROGRAM DESCRIPTION: S1. Matthew's House operates Wolfe Apartments, a permanent housing fucility for homeless disabled individuals and families through supportive housing. B. PROJECT SCOPE: Due to miscalculation of the rent structure and unavailability of rental vouchers, St Matthew's House Wolfe Apartments is functioning at a deficit that requires an emergency appropriation to continue service. Federal regulations allow for assistance on an emergency basis not to exceed three (3) months. Therefore, Thirteen Thousand Nine Hundred Eighty-six ($13,986) is the total of three months rent with security deposits. All tenants must meet the illJD income eligibility guidelines. The Subrecipient must have income documentation on file for each eligible individual!household. C. BUDGET: Line Item: CDBG Funds TENANT APT Rent Rent TBRA Shortfall NO. Amt. Paid P - Permanent Housing P 1-112 $ $ 475.00 189.00 P 2-206 $ $ 475.00 180.00 P 4-401 $ 204.00 P 4-401 $ $ 575.00 130.00 P 4-402 $ 127.00 P 4-402 $ $ 475.00 144.00 P 4-403 $ $ $142.0 475.00 333.00 0 Vacant - est. P 4-404 $ $ avg. 475.00 180.00 P 4-405 $ $ 475.00 161.00 Vacant - est. P 4-406 $ $ avg. 475.00 180.00 P 4-407 $ 191.00 $ 286.00 $ 295.00 $ 445.00 $ 331.00 $ 142.00 $ 295.00 $ 314.00 $ 295.00 St. Matthew's House, Inc. Page 17 of23 P 4-407 P 4-408 P 4-408 P 4-409 P 4-410 Vacant - est. P 4-411 avg. Vacant - est. P 4-412 avg. TOTAL Agenda Item No. 16A8 January 11, 2005 Page 20 of 25 $ $ 575.00 152.00 $ $ $205.0 475.00 135.00 0 $ 135.00 $ $ 475.00 104.00 $ $ 475.00 340.00 $ $ 475.00 180.00 $ $ 475.00 180.00 $ 423.00 $ 340.00 $ 371.00 $ 135.00 $ 295.00 $ 295.00 $ $ $ 6,850.0 3,245.0 347.00 o 0 $ 4,262.00 $4262 X 3 mos. = $ Rent 12,786 $300 x 4 = $ Security Deposits 1,200 TomlRequ8med $ 13,986 D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (project Scope) and C (Budget) above. Not applicable. E. MEASURABLE PERFORMANCE OUTCOMES: Not Applicable F. FORMER PROJECTS: Failure to adequately maintain any former CDBGIHOME funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBGIHOME funds. G. WORK. SCHEDULE: The time iÌ'ame for completion of the outlined activities shall be June 15,2005. Fifty per cent (50%) of the funding must be expended by March 31, 2005. H. REPORTS: The SUB RECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with St. Matthew's House, Inc. Page 18 of23 Agenda Item No. 16A8 January 11, 2005 Page 21 of 25 CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. Tbe progress reports shall be submitted on the form "Exhibit C". Tbe progress reports shall be used as an additional basis for F AH approval of invoices, etc. for reimbursement. 8t. Matthew's House, Inc. Page 19 of23 Agenda Item No. 16A8 January 11, 2005 Page 22 of 25 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: St Matthew's House. Inc. Subrecipient Address: 2001 Airport Road S. Project Name: St. Matthew's House - Emergency Rental Assistance Project No: CD 04-15 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $ 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 5. Amount of To day's Request $ $ $ 4. Amount of Previous Unpaid Requests 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) $ 7. If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director St. Matthew's House, Inc. Page 20 of 23 Agenda Item No. 16A8 January 11, 2005 Page 23 of 25 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the Iff' ofthefoUowing month. Status Report for Month of Submittal Date: Project Name S1. Matthew's House - Emergency Rental Assistance Project Number CD 04-15 Activity Number Subrecipient: S1. Matthew's House. Inc. Contact Person Marie Andress. Director of Finance and Business Telephone: (239) 774-0500 Fax: (239) 774-7146 E-mail: marieandress@comcast.net 1. Activity StatuslMilestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? 3. Describe any aftlrmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. New contracts executed this month (if applicable): 81. Matthew's House, Inc. Page 21 of23 Agenda Item No. 16A8 January 11, 2005 Page 24 of 25 Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) 6. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "I. " INCOME Of the households or persons assisted, are extremely low-income income (0-30%) of the current Median Family Income (MFI). Enter this number in box "2. " Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MF!). Enter this number in box "3. " Of these households or persons assisted, Income (MF!). Enter this number in box "4. " are low income (51-80%) of the current Median Family NOTE: The total of boxes 2,3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted in box "5" below. Female Head of Households REGARDLESS of income. Enter this number BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Vtry Low Income Female Head of Housebolds or PenoDl Low rncome Low lncomc (51-80"10) Household Assisted (0-30"10) (31-50%) S1. Matthew's House, Inc. Page 22 of 23 Agenda Item No. 16A8 January 11, 2005 Page 25 of 25 Sub recipients must indicate totaJ beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Amca. 2. Black or Amcan-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any ofthe original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any ofthe original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicitv Beneficiaries Race . # Total #JI~P1\nie White Black or Amcan American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian.and White Black/African American and White American Indian/Alaskan Native and Black/Amcan American Other Multi-Racial TOT AL: ... St. Matthew's House, Inc. Page 23 of 23 Agenda Item No. 16A9 January 11, 2005 Page 1 of 3 EXECUTfVESUNrndARY Recommendation to terminate Contract # 02-3317 with Henderson, Young and Company relative to the Educational Facilities Impact Fee Update Study, waive the formal competition process and solicit proposals to select a new consultant to update the Educational Facilities Impact Fee (estimated amount not-to-exceed $65,000) OBJECTIVE: Tennination of Contract # 02-3317 with Henderson, Young and Company (HY&Co.), for the Educational Facilities Impact Fee Update Study for the convenience of Collier County, as provided for in Section 12.13 of the contract. Additionally, staff recommends that the Board of County Commissioners waive the fonnal competition process and direct staff to solicit proposals to select a new consultant to update the Educational Facilities Impact Fee with a contract not-to-exceed the amount of$65,000, including expenses. _. CONSIDERATIONS: The Request for Proposal (RFP) for this contract was issued in accordance with Florida State Statute 287.055, the Consultant Competitive Negotiation Act, and was publicly advertised on October 31, 2001. A selection committee was named and a meeting was held on February 7, 2002. After review and discussion, the consensus of the members was to place Henderson, Young and Company as the number one ranked finn. The Board of County Commissioners (Board) subsequently approved the contract in the amount of $39,575, which then became effective on June 25, 2002. Since the award of the contract, the schedule specifications and outlined tasks of the contract have been unable to be completed. The delay was due in part to a longer than anticipated timeframe for the approval of the School Board's Five-Year Work Plan. This task was finalized on November 22, 2004. Additionally, much of the data that was previously collected for the study has aged significantly and is considered out of date, therefore requiring a lengthy process of reviewing and updating the data. Due to these unforeseen circumstances, staff feels that for the convenience of Collier County and in the best interest of time, action should be taken to terminate this contract. The Collier County Productivity Committee unanimously recommended the tennination of the contract with Henderson, Young and Company for the Educational Facilities Impact Fee Update Study·at their December 15, 2004 meeting. The Collier County Board of County Commissioners adopted Ordinance Number 92-33, The Educational Facilities Impact Fee Ordinance, which provides for the imposition and collection of Educational Facilities Impact Fees, on May 22, 1992. The Collier County Consolidated Impact Fee Ordinance (CIFO), 2001-13, as amended, effective March 19, 2001, superseded and repealed Ordinance Number 92-33. As set forth by the CIFO, the Educational Facilities Impact Fees are required to be reviewed and updated at least every three years in order to ensure that the impact fees are sufficient, but do not exceed the reasonable cost of infrastructure and improvements needed to offset the demand created by growth. ,..-.". Contract #02-3317 Page 2 Agenda Item No. 16A9 January 11, 2005 Page 2 of 3 Staff is requesting that the Board waive the requirements of the Request for Proposal (RFP) process and proceed directly with the Request for Quote (RFQ) process. This request is made in the interest of accelerating the completion time for this update. As noted above, the provisions of the Consolidated Impact Fee Ordinance (CIFO) require the update of each impact fee at least every three years. The Educational Facilities Impact Fee has not been updated since its adoption in 1992. Therefore, the update requirement is aJready very delinquent in completion. The use of the RFQ process would allow the study process to begin shortly after a qualifying quote is accepted. The requests for consulting services will be sent to firms with a proven and successful track record with Collier County, including a s1rong emphasis on the consultant's staff resources available and their ability to complete the study in a timely fashion, adhering to a set schedule. FISCAL IMPACT: There is no direct fiscal impact related to this request. Collier County is entitled to receive all of the data and work products related to this contract, represented by any tasks previously completed by the consultant and for which they received compensation. Staff will immediately request that all such materials be provided to Collier County and evaluate the value of the materials received. If the value received is not commensurate with the amount paid to date, staff will pursue all available remedies. Invoices paid related to this contract total $15,200. There are currently no outstanding invoices and Henderson, Young and Company has been paid for all work completed on this contract to date. Upon direction by the Board, staffwill solicit proposals for a new consultant to complete the Educational Facilities Impact Fee Update Study. The cost of the study is estimated not to exceed $65,000. The project will be funded by Educational Facilities Impact Fees from the applicable Impact Fee Trust Fund as set forth by the Interlocal Agreement between the School Board of Collier County and Collier County. GROWTH MANAGEMENT IMP ACT: The requirement to pay impact fees ensures that future development contributes its fair share to the cost of infrastructure and improvements to specified Public Facilities and is an essential element of the County's Growth Management Plan (GMP). Therefore, in recognition of changing growth patterns and population growth, the impact fees imposed should be reviewed and adjusted periodically to ensure the equitable and lawful imposition of the fees. RECOMMENDATION: That the Board of County Commissioners terminate Contract #02- 3 317 with Henderson, Young and Company for convenience, waive the formal competition process and direct staff to solicit proposals and award a contract to a new consultant to update the Educational Facilities Impact Fee. Additionally, staff requests the approval of any subsequent budget amendments related to this request. Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing, CDES .-' Item Number Item Summary Meeting Date Agenda Item No. 16A9 January 11. 2005 Pag~ 3 of 3 COLLIER COUNTY BOARD DF COUNTY COMMISSIONERS 15A9 Recommendation la terminate Contract # 02-3317 with Henderson, YOUf1g and Company relative to the Educational Facltiliðs Impact FeÐ Update Sludy, waive the fom1al cDmpetltion process and solicit proposals to select a new cOllsul1ant to update the Educational Facilities Impact Fee (estimated amount nol-to·exceed $65,000) 1111/2005900:00 AM Prepared By Impact Fee M,mager 12/1712004 2:35:47 PM Amy Patterson Community D( v~'opmen1 & Environmental Setvice~ Date Financial Ad T"lin, & Hous.íng C()f1shmt:e Ä, Jolnuon DaW Approved By Community Developlflent &. EnlJiranmental Services Opera.tiQns An;¡¡tV$it Con1t'Ounity Development & Etlvironrnental $'ltrvic:es Admin, 12/21.'20041:28 PM Approved By Sandra Leit Cumn)uf\ity Devnluþl'ruHlf.\ En'límnmental Services EXC'C\ltivc Secretary Date CDl'ntnunit'l D~\Iel( 'UJleIH 8. Environrmmtal Sm\,jl~!$ .Admin, 12/21/20041:44- PM Kp.I$ey W.mt Date Approved By Adminístuti\lf!l Setvir,l?$ Senior Putcha$lng and ContracÌ1õ Agent Purcha¡¡.jng 12121:200.. 2:57 PM StI!'YE! C¡urwl! run:h.I$õÎng;Oenetal 5'1/(:$ Dit(!(;tf)t Dat(! Approved By AdmiurstratiYI! S(!rv¡c~$ P~En:ha1;ing 12/22120004 8:04 AM Approved By Joseph K. Schmitt Cmnnwnity OelJp.lopmtmt & Envimnnl(!nt.al Servkés Ctlmmunity Da\lclopmr.nt & En,tironmi'!nt.lIServices Admins\rator Date Cornrnunity Df!\lel(),Hne.nt & Environrmmtal St!r....II:(!$ Admin. 12/22/200.41:41 PM OMB Coordinato.. Administrative A'lisístant Date Approved By County Manager's Office Offic.e of Management & Budget 12/22120042::11 PM Bud90t AnAlyst DatI!' Approved By Mari¡: Is..n;:kson County Mlltlag(~r's OHic:t! Dffic~ of MilIHI!¡emt!tlt '" Budgltt 12J2312004 9:28 AM Man9l;lement & Budget Director Date Approved By MichnlSmykDw5ki County MnnngN'$ Offi(;e Offi(:tt nf Man,lge,llItmt & Budget 12/2712D04 8:t2: AM County Manager Date Approved By Jame!\. V. Mudd Board of County CommjssiDnern CDunty Milnager'1 01fir:(": 12!3()!2D04 9:34 AM Agenda Item No. 16A 10 January 11, 2005 Page 1 of 4 ,.,-'" EXECUTIVESU~Y Recommendation to approve two Satisfactions of Lien for Resolution No's: 03-447 and 04-276 styled Board of County Commissioners vs. Claudette and Maurice Tremblay. OBJECTIVE: To approve and authorize the two Satisfactions of Lien in the above styled cases Board of County Commissioners vs. Claudette and Maurice Tremblay. CONSIDERATION: Two public hearings were heard before the Board of County Commissioners regarding violation of Ordinance No. 99-51 of the Collier County Land Development Code. Resolution No's: 03-447 and 04-276 were approved and recorded in the Official Records Book in Collier County, Florida. In November 2004 the lien amounts were paid in full. Therefore the Satisfactions of Lien are in order as all requirements have been met in both of these cases. - FISCAL IMP ACT: The fiscal impact related to recording will be in the amount of Twenty Dollars ($20.00) for two satisfactions (1 page each). This cost will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the two Satisfactions of Lien in the above referenced cases and authorize their execution and recording in the Public Records of Collier County, Florida. Prepared by: Shanelle Hilton, Administrative Secretary, Code Enforcement. ,- Item Number Item Summary Meeting Date Approved By Janet PoweNì Community Dev~loplrl~nt & Environmental ServIce!> Agenda Item No. 16A10 Januarv 11, 2005 P'ag~ 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A1Q Recommendation to approve two Satisfaction of liens for Resoiution No's: 03·4-4'7 and 04- 276 styled Baar'd of County ComlTìlSSIOners vs. Claudef!e and Maurice T rcrnblay 1/11/20059:00:00 AM Operations tbn3ger D..te Code Enforcement 12/16Î2004 11 :25 AM COlluhln<:e A, J )hn~on D._te Approved By Community De.lle(opmp.n{ &. EnvironmentDI Services Op~rat.iDI1S AnalV1õt CommunIty Oe:veiopment & Envirunmental Servic'ts. Admin. 12.1211200410;24 AM Sundr.. L&.1 D:nte Approved By Community Develop",ent & EnvirotltTumtal Servi<:es E)lp.cutillt! Se:crelnf)1 Communíty Development 8. EJlvironmlm1111 Se,víct~1i Admin. 12/211200410:34 AM Michelle Edwards Amold Code Enforcetnenf Director Date Approved By CDnununity D.!velu,)m~nt & EnlliJ'onmMI:nl Service, ; Code Enforcement 12/21/20041:0-12 PM Joseph K. Sc.hmitt Date Approved By Comrnunity Development & Environmental ServicE'$. Community Development ,\ Envilottln~nt;~1 Sl~rvicl~!' ÃlllnÎI)!!.tI'utar Community Development & Environmental Services Admìn. 12/22/2004 1 :56 PM Administrative Assistnnt Dale Approved By OMS Coordinator County Mana!Jp.-r'$ Otfic ~ O"il:(~ ot Manag(!ln¡mt & Budgd 12f22i2004- 2:08 PM Marlll~a[.k5ìon Budget Analyst Date Approved By Counly Manager's Office Oftice of Management & Budgl!lt 12:122J2004 5:02 PM Approved By Mal)¡)H(fment & Budget OiwctDr DatU' M¡ch¡_t~1 SmykoW'ski COUrtty Mallagm's Qtfi(:., Offic(! of Mat\3IJemtmt" aud~Jt!t 1ZfZ7f20U4 8:34 AM James V. Mudd County Manager Date Approved By BUllld of County Cornm¡55ioncrs County Manager's- Office 12/30/20046-:15 PM Agenda Item No. 16A10 January 11, 2005 Page 3 of 4 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403-2440 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2003-447 agains!: CLAUDETTE & MAURICE TREMBLAY 50 ARDMORE ROAD WEST HARTFORD, CT 06110 The lien was recorded on January 8, 2004, Official Record Book 3480 Pagels) 1643, in the Official Records Office of Collier County, State 01 Florida. The lien secures the principal sum of Two Hundred and Fifty FiVe Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: LOT 19 BLOCK 100 UNIT 3 PART GOLDEN GATE ACOORDlNG TO PLAT BOOK 5 PAGE 101 OF THE PUBLIC RECORDS OF COlliER COUNTY FLORIDA Cost: $255.00 Reference: 2374 Folio: 36000240009 Collter County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction 01 Lien in the Official Records of Collier County, Florida, to acknowtedge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by actlM of the Board on this ,'._"__..,,.. day of mm.... _________, 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: ,Chairman Deputy Clerk .""") D ( 'Ow-. ~W,~-=-- Thomas C. Pal er Assistant County Attorney Agenda Item No. 16A10 January 11, 2005 Page 4 of 4 This instrument prepared by: Leonardo Bonanno. Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34 104 (239} 403·2440 SATISFACTION OF UEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain ~en by Resolution No. 2004-276 against: CLAUDETTE & MAURICE TREMBLAY 70 DANFORTH LANE WEST HARTFORD, CT 06110 The lien was recorded on October 15, 2004, Offidal Record Book 3661 Page(s) 1206, in the Official Records Office of Collier County, Slate of Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dollars. plus accrued Interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: LOT 19 BLOCK tOO UNIT 3 PART GOLDEN GATE ACOORDING TO PLAT BOOK 5 PAGE 101 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA Cost: $255.00 Reference: 2552 FoliO: 36000240009 Collier County, a polítieal &ubdivision of the State of Florida. by execution of this Satisfaction of Lien, acknowlédges payment a& full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Aorida, acting through its Chairman, directs execution and recording oj the Satisfaction 01 Lien, by action of the Board on this ___m..."._" day of ______.___.."..''..w. 2005. ATTEST DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: .. ....._._"...._._....._....,._..__....._.... .. ,Chairman 6y:._.",.___,,~__..__.__.......... ,.. m·~"W,..,..·m'''__''''_·_ Approved as 10 form and legal sufhciency 'ÍÒIN\ PtÀ~ -""'-::::___ Thomas C. Palmer Assistant County Attorney Agenda Item No. 16A 11 January 11 , 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water utility facilities for Capital Self Storage, Phase 1 OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Capital Self Storage, Phase 1 has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on August 15, 2003. Final Acceptance is in accordance with Ordinance 2004-31 as amended. 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water- Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of Performance Bond No. 5464120 in the amount of $3,447.59, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Capital Self Storage, Phase 1, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Sherry Eaton. Enaineerina Technician - Enaineerina Services ,- Item Number Item Summlry Meeting Cate Agenda Item No. 16A 11 January 11, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A11 Final acceptance of water útility lacihtle5 for Capital Self Storage, Phase 1 111112005900:00 AM Sherry Eaton EngillErerjng Technician 12,18/2004 5:1Z:36 PM Prepared By Cummunity O.vp.:lo,lnumt & Environmental Sl!!rvic;t!l1S. Dillte Engineering Services Stephen L Nagy Was;tewater CoUections; Manager Date Approved By Public. Utilities Wa!ôteWorter 12.'9/20041:00 PM Putnela Lihby Watp.:r Operations; M;)tI¡J!lp.r Date Approved By Public Utilities W;¡rte-r 1219/20041:26 PM Approved By Thom.1S e. Kuck, P.E. Community n8'vulopmc-nt & En....ironmental Services CDES Engineering Services Djr~c-tor Date CDES en9¡n~~!t'¡n9 Servi(:~5 12.113J200412.:51 PM Paul Ma\talJsch Water Director Date Approved By Public Utilities Water 12/14/20049:046 AM Joseph 9. Cheathillm Was.tE!':watp.:r Oimctor Date Approved By Public Utilitietl Was;tl~Wllt¢'r Tl'eatmr.nt 12;16120D4 4:55 ÞM Roy B. Anderson, P.E. Public Utilities Enginl!'ering Direc10r Date Approved By Public Utilities Public Utili1ies Engineering 12116.'20045:07 PM EnuineerinH Teçhníd,UI Daft! Approved By Sherry Eaton Community Development & Envi,Qnmlmtnl Servjl:l~s Engíneering Services 12/28/20044:02 PM Operations Analys1 Date Approved By Constance A. Johnson CmnnUJoity D~"'l!lopmlmt &. Environmental Servir:es. Comrnunity DeYltlopment & f.nvironmctltaJ Sf!'Vlces Admin. 12.t2S!2D04 .4.:49 PM 5undra If'õ~ EXt~I:utiv(! Sec:r~t~uv Dat~ Approved By Community Devalopment & Environmental Servicn Community Dp.velopm~¡nt & Environmental Services Admin. 12128120044:52: PM Date Approved By Joseph K. Schmtn Community Development & EnvíronfJIental Servic~... ComtTIutlity Dltvuh>pml!n1 &. Envitonment¡'¡ S~lVke!j. Admil\slm1o' Community Development & Enyironrmmtal Sntvir.es Admin. 12128120045:23 PM OMB Coordinator Administrative Ani5t~nt Date Approved By County Manager's. Offic.e ornc!!' of Managuma:ht & BudQt!t 12129120048:46 AM Gary A. Vincnnt Mnm~uem..nt & Bud9~rt ^nd;!Y$t O.at~ Approved By County M.an.ager's Qffice Office of Management & Budget 1212912004 9:25 AM Michae-l Srnykow.'Ski Management &. Budget Director Date Approved By County Mõ1nagOt'~ QUieti OtfiCf'; of M;maR~llIf!nt & Budget 11131120048:53 AM Jamu V. Mudd CDunty Manager Date Approved By Board of County CommissiDners. Cl) mty Manager's 01fh:f'; 12!:J1t'l004 10:52 AM ..- L{) cry ...-0_ «00 (DNcry ~~-Q) 0"- 01 Z ;>. ro .....0.. E~ Q)e ==ro ro, "1:1 e Q) 01 « ~ I a.. <C :E: UJ I- - (J) ~ ª ~ ¡ :moo01_ / -.- , - b :! I III ~ II ~¡( ;!¡ :! ¡ II! Agenda Item No. 16A 12 January 11, 2005 Page 1 of 9 .-' EXECUTIVE SUMMARY Recommendation to approve a resolution by the Board of County Commissioners (BCC) of Collier County, Florida, amending the Collier County Administrative Code to establish procedures for expediting the development review process for qualified affordable housing. OBJECTIVE: To amend the Collier County Administrative Code to establish procedures for expediting the development review process for qualified affordable housing. CONSIDERATIONS: Goal One of the Housing Element of the Collier County Growth Management Plan (GMP) is designed to "Create an adequate supply of safe, decent, sanitary, and affordable housing for all residents of Collier County." In order to address the housing needs of low and moderate income persons, Collier County encourages the more efficient production of affordable housing. GMP Policy 2.5 requires guidelines be established that would provide for the expeditious processing of development orders and permits for affordable housing. Section 420.9701 (16), F.S. also requires that Collier County adopt guidelines for expediting the review of affordable housing developments. .- Collier County intends to adopt a policy with specific procedures for expediting the review of development orders and pennits for qualified affordable housing projects to encourage the development of affordable housing and to comply with both GMP policy and State Statutes. These procedures are to be included in the Collier County Administrative Code. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: Establishment of these procedures brings Collier County into compliance with Policy 2.5 of the Housing Element of the Collier County Growth Management Plan and with Florida Statutes. RECOMMENDATION: That the Board of County Commissioners approve the attached Resolution amending the Collier County Administrative Code to establish procedures for expediting the development review process for qualified affordable housing. Prepared by: Connac Giblin, Housing and Grants Manager Financial Administration and Housing Department .-- Item Number Item Summary Meeting Date Agenda Item No. 16A12 January 11. 2005 PBge 2 af 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A12 Recommendation to approve Ei resolution by the Board of County Commissioners (BCC) of Collier· County, Floridi:l, ôllT1cndmg the Collier Coun1y Adrninistrative Code to es1ablish procedureSc for expecitmg tile development review process for qualífied affordable housing 1/11/2005 9:DO:00 AM Cornmt: Giblin H<IU..ing Oevf~¡oJl'nft:nt Man.agf':r 11/19!2004 10:06:24 AM Prepared By Community Develoþment.& Envínmmenta! Services. C'lto! Finandal Admin, & Housing Sandre. Lea Date Approved By Community ~~Y"I()pm(!nt & Ënyjr.onmenttfl Servico\> E)(.~cutive Sec~tary C(I(nl'Ounity Oe\lllh)pnllmt & Enviromnent4¡1 Se.ryices Admin, 11/19/2004 Z:11 PM Const3f'1ce 1\. Johnson Date Approv.d By Community Oevelopm¡ml & Enviro"ntental Services Operations Analyst Comrnunny Development &. Environmental Services. Admin, 111'19J2004 4:21 PM Denton BjdH~I· Financial Admin & H<lu1õing Dimctor Date Approved By Community Development & EnvÎronmental Services. Financitfl Admin, & Housing 11/22120041:58 PM Wílliam o. Lorenz, Jr" P.E. Environmental Services. Director Date Approved By Canunumty D.lvelopment & Eoyironm¢ J :al Services Environmental S~rvit:~s 11/30120048:00 AM Bill Hammond Director Date Approved By Community Development & Environmental Services auihti,,~ Rmliflw and PI~rmi"i()u 11130}ZO04,:18 PM Approved By Joseph K. Schmitt Community Development & Enviromnentlll ServÎent> Community Development & Environnmn1i11 Servi(:cs Adminstralor Date Communìty Develo.pment & E.nvironm~nl;;11 Sltrv¡ce~ Admin. 12J2912004 7:52 PM Patrick G. While Assistant çounty Attorney Date Approved By CQunty Attom~y Comity Atlr>mey Of rico 12130t2004 3:56 PM OMS Coordinator Administrative Assistant Date Approved By County Managel"s. Office OfficI'!! of Management & Budget 114/2Q05 8:21 AM Mali( !1..lckäO" Budget ÄIMly¡;t Dah! Approved By C()unty Man."}g~r's Offic~ Offi ~¡~ ot MalUIUl!mfwt &. 8IJdget 1/4/2005 1'1:34 AM Michael SmykowSiki Mül}agement 8. Budgt!t Director Dat~ Approved By County Manager's. Office Orricr.' of Management & Budget 1/4/20t1!i 4:09 PM Jam4!S V, Mudd County M¡lIIagl~r Date App....v.d By Board of County Commiss.ioners County Mnnagoí'\ Othcr.' 114{2005 5:25 PM ".-.,---------'.-_.,. Agenda Item No. 16A 12 January 11, 2005 Page 3 of 9 RESOLUTION NO. 2005- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER COUNTY ADMINISTRATIVE CODE TO ESTABLISH PROCEDURES FOR EXPEDITING THE DEVELOPMENT REVIEW PROCESS FOR QUALIFIED AFFORDABLE HOUSING; AND PROVIDING FOR CODIFICATION OF TmS POLICY AND PROCEDURES. RECITALS WHEREAS, the intent of Goal 1 of the Housing Element of the Collier County Growth Management Plan (GMP) is to ensure an adequate supply of safe, decent, sanitary, and affordable housing for all residents of Collier County, including low and moderate income persons, rural residents, and farmworkers; and WHEREAS, Objective 1 of the GMP's Housing Element states that the number of affordable housing units is to be increased to meet the housing needs of the County; and WHEREAS, in order to address the housing needs of low and moderate income persons by encouraging the more efficient production of affordable housing, GMP Policy 2.5 requires guidelines be established that would provide for the expeditious processing of development orders and permits for affordable housing; and WHEREAS, in order to comply with Sec. 420.9701 (16), F.S., the Board of County Commissioners intends to adopt as its policy, specific procedures for expediting the review of development orders and permits for affordable housing projects to a greater degree than other reviews; and --~ WHEREAS, these procedures are appropriate for inclusion in the Collier County Administrative Code. NOW, THEREFORE, be it RESOLVED by the Board of County Commissioners of Collier County, Florida, that: Page 1 of7 .. ~,~.-.,."V_______ _......._.__.____~___....__. ~._,_ ,." ,..~.---~~._- ...--.---.. _-"-.__,,-_.,"__"-"--C__~_____~ Agenda Item No. 16A 12 January 11, 2005 Page 4 of 9 1. The foregoing Recitals are adopted as true and incorporated as part of this Resolution. 2. The intent of the Board of County Commissioners is to apply these procedures to development order or pemrit applications that may have already been submitted to the County for review, including but not limited to the projects known as: Trail Ridge PUD, Independence Phase II PUD, Cirrus Pointe PUD, Faith Landing PUD, King Acres PUD, and Arrowhead PUD. 3. The Board of County Commissioners' affordable housing expedited review policy as set forth below is to be included where appropriate in the Collier County Administrative Code and is adopted for immediate use, as follows: A. Purpose/Scope: Establish procedures for expedited reviews of all development orders and permits qualifying as affordable housing so as to create more affordable housing and comply with section 420.9701 (16), F.S. The affordable housing expedited review process for qualified development orders and permits is not intended to otherwise modify or alter existing procedural standards for reviewing development orders and permit applications, including those that do not qualifY for affordable housing expedited review status. B. Applicability: These procedures apply to the review of all qualified development orders and permits for new and expanding development in Collier County proposing to construct affordable housing. In order to qualify for affordable housing expedited review the applicant for a proposed development order or pemrit must: 1. specifically request affordable housing expedited review project status as part ofan application for a county development order or permit, as defined in Sec. 163.3164 (7) and (8), F.S., including but not limited to: rezone petitions, including those for PUD districts; Site Development Plans; and Bui1ding Permits, including their corresponding environmental reviews, traffic reviews, and fire code reviews and; Page 2 of7 :"".-\;:",.,..'",,,,,,,.,:,-,::::~,,,,,"..,,,,,..~-,,.~..,.,=-,,. Agenda Item No. 16A12 January 11, 2005 Page 5 of 9 2. be willing and able to record in the public records a proposed land use restriction, developer agreement, PUD restriction, impact fee assistance agreement, or other type of instrument against the property ensuring affordability of proposed residential dwening units for a period of at least fifteen (15) years trom date of those units being issued a Certificate of Occupancy. These recorded agreements must include, as applicable, tenns that meet the fonowing minimum requirements for development orders or permits proposing to: a. construct less than fifty (50) dwelling units, then at least twenty- five percent (25%) of the total number of proposed dwelling units in the development project must be committed to occupancy by income restricted housebolds at or below 80% of the median annual household income in CoJlier County; b. construct fifty (50) or more, but less than two hundred (200) dwelling units, then at least twenty percent (20%) of the total number of proposed dwelling units in the development project must be committed to occupancy by income restricted households at or below 80% of the median annual household income in Conier County; or c. construct two hundred (200) or more dwelling units, then at least fifteen percent (15%) of the total number of proposed dwening units in the . development project must be committed to occupancy by income restricted households at or below 80% of the median annual household income in Collier County; and 3. include a certificate issued by the Financial Administration and Housing Department stating that the affordable housing project has quaJified for affordable housing expedited review status. C. Affordable Housing Expedited Review Procedures_ 1. Affordable housing expedited review qualification meeting- Prior to an application for a development order or permit being submitted to Collier County Page 3 of? - ---..-.--.-. Agenda Item No. 16A12 January 11, 2005 Page 6 of 9 for affordable housing expedited review, the applicants or agents must attend a qualification meeting with the Financial Administration and Housing Department. To qualify the applicant or agent must demonstrate how the project will comply with B. 2 above. Those that demonstrate compliance will be issued a certificate of affordable housing expedited review by the Financial Administration and Housing Department (F AH). 2. Submittal of affordable housing expedited review Application and Certificate. Once qualified, a complete development order or development pennit application, including a certificate of affordable housing expedited review status review issued by F AH, must be submitted to the County for expedited review within six months from date of issuance of the certificate. If not timely submitted, the applicant must apply to be re-qualified under 1., above. 3. Affordable housing expedited review time line for application sufficiency. Complete development order or development permit application submittal packages, once time-stamped by the Department of Zoning and Land Development Review, will receive an expedited sufficiency review as set forth below. a. To be considered "complete" an application submittal package must include the following: all items checked off on pre-application meeting notes (i.e.: correct fees, addressing checklist, and any additional information requested during the pre-application meeting). b. The Department of Zoning and Land Development Review will review the "complete package" and determine it to be "sufficient" or "insufficient" within three (3) working days of receipt of the application by the planner conducting the sufficiency review. c. An application package deemed "insufficient" will be placed on hold until the Department of Zoning and Land Development Review contacts the applicant and necessary items are received. Once the Page 4 of7 Agenda Item No. 16A 12 January 11, 2005 Page 7 of 9 Department of Zoning and Land Development Review receives the necessary items, a second sufficiency determination will be made within three (3) working days fi:om receipt of the additional information. d. Once an application package is deemed "sufficient" it will have all necessary data entered into the computer-tracking program noting the appJicable affordable housing expedited review period: 150 days for Rezoning Petitions or 60 days for Plat or Site Development Plans. These review periods will include all the necessary public hearings however is predicated on the required quorum before the Environmental Advisory Counsel and the Collier County Planning Commission and scheduled meeting dates of the Board or County Commissioners. e. In addition, an affordable housing expedited review routing sheet will be completed, attached, and the application package distributed for staff review within three (3) working days ftom sufficiency determination. 4. Expedited review times for staff affordable housing expedited review projects. Review of any development order or permit with affordable housing expedited review status will be completed and the appropriate staff reports and approvals completed within 120-working days for rezoning requests or 60- working days for platting or Site Development Plan requests ftom date of distribution for staff review. As may be appropriate, subsequent pubJic hearings before the Environmental Advisory Counsel (EAC), Collier County Planning Commission (CCPC), and the Board of County Commissioners (BCe) wiH then be scheduled consistent with paragraph 5., below. To insure that expedited review applications move through the review process in a timely manner all re-submittals should be provided to the County within 20 working days ftom posting of fmal staff review comments on the computer tracking system. Regardless, the County's review timeftames will Page 5 of? ...,._.,.--~-,------_...,..,.-----..,...,....,....-,--~_...-..-_..~.-.~--- :...~~.''''''''-''Q""""..<,,..,~,..,''",-'''"' -,. Agenda Item No. 16A 12 January 11, 2005 Page 8 of 9 not include any time when the application has been returned to the applicant for corrections based on staffs review comments. a. In order to meet the expedited review period: staff reviewers must complete their initial review of affordable housing expedited review applications within twenty (20) working days from receipt for rezone petitions and ten (10) working days fi'om receipt for platting and Site Development Plans. Review comments will be forwarded via fax or ernail to the applicant within two (2) working days of their posting on the computer tracking system. b. Within three (3) working days fi'om receipt by CDES, any additional information, including any corrected plans submitted in response to the re.,,;ewer's comments, will be distributed to the appropriate reviewers. c. Resubmitted information and/or corrected plans will be reviewed under the same procedures until all of the assigned reviewers have approved the development order or permit and final approval is granted by the County Manager or his designee. d. Once an application for a development order or permit has been rejected five (5) times by county staff, the applicants or agents must attend a mandatory project review meeting to be held with all county reviewers yet to approve the application. 5. Public Meeting and Hearings. Qualified affordable housing expedited review projects will be given fIrst priority for scheduling of all neighborhood informational (NIM) meetings, development reviewl pre-application meetings, and public hearings. Page 6 of7 ,--,,", ","\'_"':'<''''':~' _..,,,,.."""'-....,~"..,',...,,,'...;_T._~, ,.,._~~."..,>.-, ",",...~.,_~_... .-_=..,~"..."~_~<-..."<.=..-..,.-"".,.-,,-".¥...,.<...,,."...,.-,.,. ,=\....,''-'-=,....-.-,~--..-.~ '-^'~'-'''''''''''''' __·~_·A...._..,..__.,·.·".,,· Agenda Item No. 16A 12 January 11, 2005 Page 9 of 9 This Resolution adopted after motion, second, and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk ~roved as to fonn and legal sufficiency: V~'l~l~ Patrick G. ite Assistant County Attorney "'.."".~".""'"""'"""-'''''''-~''''-'''''''-'''''~~''-'''''._-~''''~''''-'''''''''''''''''.''''''-''''"-,,,-," BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA By: , CHAIRMAN Page 7 of7 '.'~'"'''''''~'''.>,'~'..---.....---..--...~~~'''''-~-'- Agenda Item No. 1681 January 11, 2005 Page 1 of 19 EXECUTIVE SUMMARY Recommendation To Approve An Amended Interlocal Agreement With Respect To ,The Collier Metropolitan Planning Organization OBJECTIVE: To approve the attached Interlocal Agreement and supporting Resolution as required for addition of Everglades City to the Collier MPO. CONSIDERATIONS: This interlocal agreement is a standard document that has been drafted specifically to address the metropolitan planning transportation planning requirements identified in federal and state law and regulations. This agreement is usually a one-time agreement that is reviewed and updated every five years or sooner when MPO membership changes. This agreement is being updated to add Everglades City as a voting member to the MPO Board. The membership of the MPO shall consist of nine (9) voting representatives and one (1) non-voting representative. The names of the member local governmental entities and the voting apportionment of the governing board as approved by the Governor shall be as follows: - Collier County Board of County Commissioners City of Naples City of Marco Island Everglades City Florida Department of Transportation 5 2 1 1 1 Voting Voting Voting Voting Non-voting The MPO Board unanimously voted to approve this agreement at their December 9, 2004 meeting. FISCAL IMP ACT: There is no fiscal impact associated with this amendment. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board adopt the attached resolution and Interloca1 Agreement, which endorses and authorizes the Chairperson to sign the MPO's amended and restated Interlocal Agreement adding Everglades City to the MPO Board. PREPARED BY: Eileen Webster, Planning Technician, Transportation Planning Department, Transportation Services Division -" Agenda Item No. 1681 January '11. 2005 Þage2íJf1!.1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ttem Number Item Summary 16B1 Meeting Date To appro..'c tt¡lj a1\fichet1lnterlocaJ Agreement find ~l ppO!tinn w::iDfuÍ1on as required for audition oi E"l~rglade::; Cìty t() the Col!il':f MPO 1/11/20059',00:00 Ar>J¡ Apprond By .Ielf Kh~t.zkow A56Jstaf1t County Attorney Date county Attorney County Attornt!Y Ofllct' 1 :UZ0.'2G04 11 :23 AM Approved By Donald L. Scott Tr¡UH; :IOrtutlon Phmnjng Dlr~ct"r O¡¡t~ Tfi1n$portion Stlrvlc.c1õ Tf,1n1iportntion Planning '12/20/20.043:59 PM Approved By Sh¡illron Newman ACc.Duming Supl!!r~¡sor Date T I ani! portion 5ßrv!(;f\$ rra",~port.11¡on Adrniní¡.¡tt¡lt!clf't 12120r2004 4:09 PM Approved By Nor," t. r:ed~r, A!CP Tn¡¡.nspothHDIJ OivÎ5ion Arlmìnir.tratør Dale rranøportion Services Trans.portation Services Admin. 11!ZH2004 5~O!i PM Approved By P3t lehnhard Executive S~cretary Date Tr;U1$portntion ServlceH rr.HUiportntioo 51!'!'\Iir.~s .O,dmi1'l 12/22f2G )4 9:45 AM Approved By OMB CoordÎna.!ot AdrrÜnìstrativ¢ A!>sì$lant O.,t¡~ County Manager's Offiece OUiee 01 Muna9""lnent & Budget 12!2212UU410:35 AM Approved By Mark tllò!l.ck'Sfon Budget Analyst Date County Mnna~or'li Office Offie-c of Management & Budget 121221Z004 11 :J7 AM Approved By Mh";'hftI!lISmy¡'ow¡¡.ki Management & Budget DIrec:tor Date Courlty Manager's Otfk"e Office (If Management &. Budget 12J"22!2G04 3;11 PM Approved By J¡¡rne$ v. Mudd County Mafluger Date B03rd of County Commissioner. County Man3ger's Office 12131120043:25 PM STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AMENDED AND RESTATED INTERLOCAL AGREElvŒNT FOR CREATION OF THE COLLIER lvŒTROPOLIT AN PLANNING ORGANIZATION Agenda Item No. 1681 January 11, 2005 FORM@·anjJ-0~ POLICY PLANNING OGC - 07/03 Page 1 of 16 TIllS AMENDED AND RESTATED INTERLOCAL AGREEMENT ("Agreement") is made and entered into this_day _of 2005, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; COLLIER COUNTY; the CITY OF MARCO ISLAND; the CITY OF NAPLES; and EVERGLADES CITY. RECITALS WHEREAS, on June 28, 1999, the Florida Department of Transportation, Collier County, the City of Marco Island and the City of Naples entered into an interlocal agreement entitled "State of Florida Department of Transportation Interlocal Agreement for Creation of the Collier County Metropolitan Planning Organization;" WHEREAS, the parties hereto wish to amend and restate that agreement by (1) changing the name of the MPO from the "Collier County Metropolitan Planning Organization" to the "Collier Metropolitan Planning Organization," (2) utilizing the current standard fonn MPO document ftomthe State of Florida Department of Transportation; and (3) increasing its voting membership to include Everglades City; WHEREAS, pursuant to Section 339.175(3), Florida Statutes, by letter to Mr. Clark Russell, Chairman, Collier Metropolitan Planning Organization dated July 27, 2004, the Governor has agreed to the apportionment plan of the members of the proposed Collier Metropolitan Planning Organization as set forth in this Agreement; WHEREAS, it is the intent of the parties that this Agreement supercede and supplant the June 28, 1999 interlocal agreement, and that this Agreement be the sole arid controlling agreement between the parties with respect to the subject matter herein; WHEREAS, the Federal Government, under the authority of23 United States Code 134 and 49 United States Code 5303, requires each metropolitan area, as a condition to the receipt offederal capital or operating assistance, to have a continuing, cooperative, and comprehensive transportation planning process that results in plans and programs consistent with the comprehensively planned development of the mettopolitan area, and further requires the State Transportation Agency and the Metropolitan Planning Organization to enter into an agreement clearly identifying the responsibilities of each party for cooperatively carrying out such transportation planning; WHEREAS, the parties to this Agreement desire to participate cooperatively in the perfonnance, on a continuing basis, of a coordinated, comprehensive transportation planning process to assure that highway facilities, mass transit, rail systems, air transportation and other facilities will be properly located and developed in relation to the overall plan of community development; Page I of 16 ~ ,,-,~~-,.--,~~..,-,--~--,--."-~"----"'-""~".'-' Agenda Item No. 16B1 January 11, 2005 FORl\fm.610f(jlJ.9 POLICY PLANNING OGC-07/03 Page 2 of 16 WHEREAS, 23 United States Code 134, as amended by the Intennoda1 Surface Transportation Efficiency Act of 1991 and the Transportation Equity Act for the Twenty-first Century (Public Law 105-178, 112 Stat. 107),49 United States Code 5303-5307, 23 Code ofPedera1 Regulations 450.306, and Section 339.175, Florida Statutes, provide for the creation and updating of Metropolitan Planning Organizations to develop transportation plans and programs for metropolitan areas; WHEREAS,pursuantto 23 United States Code 134(b), 49 United States Code 5303,23 Code of Federal Regulations 450.306(a), and Section 339.175, Florida Statutes, a determination has been made by the Governor and units of general purpose local government representing at least 75% of the affected population (including the central city or cities) in the metropolitan area to designate a Metropolitan Planning Organization; WHEREAS, pursuant to 23 Code of Federal Regulations 450.306(c), and Section 339.175(1 )(b), Florida Statutes, an interlocal agreement must be entered into by the Department and the governmental entities designated by the Governor for membership on the MPO; WHEREAS, an interlocal agreement is required to create a Metropolitan Planning Organization, modìfy its membership, and to delineate the provisions for its operation. WHEREAS, the undersigned parties have detennined that this Agreement satisfies the requirements of and is consistent with Sectìon 339.175, Florida Statutes; WHEREAS, pursuant to Section 339.175(1)(b}, Florida Statutes, the interloca1 agreement must be consistent with statutory requirements set forth in Section 163.01, Florida Statutes, relating to interlocal agreements; and WHEREAS, the undersigned parties have detennined that this Agreement is consistent with the requirements of Section 163.01, Florida Statutes. NOW, THEREFORE, inconsideration of the mutual covenants, promises, and representation hereín,the parties desiring to be legally bound, do agree as follows: ARTICLE 1 RECITALS; DEFINITIONS Section 1.01. Recitals. Each and all of the foregoing recitals are hereby incorporated herein and acknowledged to be true and correct to the best of the parties' knowledge. Failure of any of the foregoing recitals to be true and correct shall not operate to invalidate this Agreement. Sectìon 1.02. Definitìons. The following words when used in this Agreement (unless the context shall clearly indicate the contrary) shall have the foHowing meanings: Agreement means and refers to this instrument, as amended from time to time. Department shall mean and refer to the Florida Department of Transportation, an agency of the State of Florida created pursuant to Sectìon 20.23, Florida Statutes. Page 2 of 16 -_.._-_._......,~~.- --... ,..~,...........__..__...__._.__._....-... ... . . .............-~........ Agenda Item No. 1681 January 11, 2005 FORNfSg~O l<tOfJ POLICY PLANNING aGe - 07/03 Page 3 of 16 FHW A means and refers to the Federal Highway Administration. FT A means and refers to the Federal Transit Administration. Long-Range Transportation Plan is the 20-yearplan which: identifies transportation facilities; includes a financial plan that demonstrates how the plan can be implemented and assesses capital improvements necessary to preserve the existing metropolitan transportation system and make efficient use of existing transportation faci1ities, indicates proposed transportation enhancement activities; and in ozone/carbon monoxide nonattainment areas is coordinated with the State Implementation Plan, all as required by 23 use Section 134(g), 23 CPR Section 450.322, Section 339.175(6), Florida Statutes. Metropolitan Area means and refers to the planning area as delineated by the MPO for the urbanized area containing at least a population of 50,000 as described in 23 U.S.C. l34(b)(I),49 V.S.C. Section 5303(c)(1), and Section 339.175, Florida Statutes, which shall be subject to the Metropolitan Planning Organization' planning authority. MPO means and refers to the Collier Metropolitan Planning Organization originally formed as the Collier County Metropolitan Planning Organization pursuant to an interlocal agreement dated June 28, 1999, Transportation Improvement Program (TIP) is the staged multi-year program of transportation improvement projects developed by a Metropolitan Planning Organization consistent with the Long- Range Transportation Plan and developed pursuant to title 23 United States Code 134(h), 49 United States Code 5304, 23 Code of Federal Regulations 450.324 and Section 339.175, Florida Statutes. Unified Planning Work Program (UPWP) is the annual program developed in cooperation with the Department and public transportation providers, that lists all planning tasks to be undertaken during a program year, together with a complete description thereof and an estimated budget, all as required by 23 CPR 450.314, and Section 339.175(8), Florida Statutes. ARTICLE 2 PURPOSE Section 2.01. General purpose. The purpose of this Agreement is to amend and restate the Interlocal Agreement for the Creation of the Collier Metropolitan Planning Organization, whose ongoing mission includes: (a) To assist in the development of transportation systems embracing various modes of transportation in a manner that wit] maximize the mobility of people and goods within and through this metropolitan area of this state and minimize, to the maximum extent feasible for transportation-related fuel consumption and air pollution; (b) To develop transportation plans and programs, in cooperation with the Department, which plans and programs provide for the development of transportation facilities that will function as multi-modal and an intermodal transportation system for the metropolitan area; (c) To implement and ensure a continuing, cooperati ve, and comprehensi ve transportation Page 3 of 16 _.___u..__h"_''''.' Agenda Item No. 1681 January .11, 2005 FORNPá§i-e~(U~ POLICY PLANNING OGC - 07/03 Page 4 of 16 planning process that results in coordinated plans and programs consistent with the comprehensively planned development of this affected metropolitan area in cooperation with the Department; (d) To assure eligibility for the receipt of Federal capital and operating assistance pursuant to 23 U.S.C. 34 and 49 U.S.c. 5303, 5304, 5305 and 5306; and (e) To carry out the metropolitan transportation planning process, in cooperation with the Department, as required by 23 D.S.C. 134 and 49 U.S.C. 5303, 5304, 5305 and 5306; 23 CFR 420 and 450, and 49 CFR Part 613, Subpart A: and consistent with Chapter 339, Florida Statutes, and other applicable state and local laws. Section 2.02. Maior MFO Responsibilities. The MPO is intended to be a forum for cooperative decision making by officials of the governmental entities which are party to this Agreement in the development of transportation-related plans and programs, including but not lirnìted to: (a) The Long-range Transportation Plan; (b) The Transportation Improvement Program; (c) The Unified Planning Work Program; (d) A congestion management system for the metropolitan area as required by state or federal law; (e) Assisting the Department in mapping transportation-planning boundaries required by state or federal law ; (f) Assisting the Department in perfonning its duties relating to access management, functional classification of roads, and data collection; and (g) Perfonning such other tasks presently or hereafter required by state or federal law . Section 2.03. MPO decisionscOOTdinated with FOOT and consistent with comprehensive plans. Chapter 334, Florida Statutes, grants the broad authority for the Department's role in transportation. Section 334.044, Florida Statutes, shows the legislative intent that the Department shall be responsible for coordinating the planning of a safe, viable and balanced state transportation system serving an regions of the State. Section 339.155, Florida Statutes, requires the Departmentto develop a statewide transportation plan, which considers, to the maximum extent feasible, strategic regional policy plans, MPO plans, and approved local government comprehensive plans. Section 339.175, Florida Statutes, specifies the authority and responsibility of the MPO and the Department in the management of a continuing, cooperative, and comprehensi ve transportation planning process for the metropolitan area. In fulfillment of this purpose and in the exercise of the various powers granted by Chapters 334 Page 4 of 16 ~.,--_.~~-. Agenda Item No. 1681 January 11, 2005 FO~(Q'Jt)19 POLICY PLANNING OOC - 07/03 Page 5 of 16 and 339, FJorida Statutes, the Department and all parties to this Agreement acknowledge that the provisions ofthe Local Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3161-3215, Florida Statutes, are applicable to this Agreement. The parties to this Agreement shall take particular care that the planning processes and planning integrity of local governments as set forth in aforementioned law shall not be infringed upon. ARTICLE 3 MPO ORGANIZATION AND CREATION Section 3.01. Amending and Restating the Interlocal A~eement for the Creation ofthe Collier MPO. The MPO for the metropolitan area as described in the membership apportionment plan approved by the Governor will continue to carry out the purposes and functions set forth in Articles 2 and 5. The legal name of this Metropolitan Planning Organization is hereby changed from the Collier County Metropolitan Planning Organization to the Collier Metropolitan Planning Organization. Section 3.02. MPO to operate pursuant to law. In the event that any election, referendum, approval, permit, notice, other proceeding or authorization is required under applicable law to undertake any power, duty, or responsibility hereunder, or to observe, assume, or carry out any of the provisions of this Agreement, the MPO will, to the extent of its legal" capacity, comply with all applicable laws and requirements. Section 3.03. Governing board to act as policy-making body of MPO. The governing board established pursuant to Section 4.01 of this Agreement shall be the policy-making body forum of the MPO responsible for cooperative decision-making of actions taken by the MPO. Thegoveming board is the policy-making body that is the forum for cooperative decision-making and will be taking the required approval action as the MPO. Section 3.04. Submission of proceedings~ contracts and other documents. Subject to the right to claim an exemption from the Florida Public Records Law, Chapter 119, F10rida Statutes, the parties shall submit to each other such data, reports, records, contracts, and other documents relating to its performance as a metropolitan planning organization as is requested. Charges are to be in accordance with Chapter 119, Florida Statutes. Section 3.05. Rights of review. All parties to this Agreement and the affected Federal funding agency (i.e., FHWA, Ff A, and FAA) shall have the rights of technical review and comment of MPO projects. ARTICLE 4 Page 5 of 16 _,·w..~",·""~~_~,",~,,,,,,,~ Agenda Item No. 1681 January 11,2005 FO~ofo19 POLICY PLANNING OGC - 07/03 Page 6 of 16 COMPOSITION; MEMBERSIßP; TERMS OF OFFICE Section 4.01. Composition and membership of governing board. (a) The membership of the MPO shall consist of nine (9) voting representatives and one (1) non-voting representative. The names of the member local governmental entities and the voting apportionment of the governing board as approved by the Governor shaH be as follows: Collier County Board of County Commissioners City of Naples City of Marco Island Everglades City 5 2 1 1 Voting Voting Voting Voting Florida Department of Transportation 1 Non-voting (b) All voting representatives shaH be elected officials of general purpose local governments, except to the extent that the MPO includes, as part of its apportioned voting membership, a member of a statutorily authorized planning board or an official of an agency that operates or administers a major mode of transportation. All indi vi duals acting as a representative of the governing board of the county, the city, or authority shall first be selected by said governing board. (c) In no event shall the county commission representatives constitute less than one-third of the total number of representatives on the MPO. (d) In the event that a governmental entity that isa member of the MPO fails to fill an assigned appointment to the MPO within sixty days after notification by the Governor of its duty to appoint a representative, that appointment shall be made by the Governor from the eligible individuals of that governmental entity. Section 4.02. Terms. The term of office of members of the MPO shall be four years. The membership of a member who is a public official automatically tenninates upon said officîalleaving the elective or appointive office for any reason, or may be tenninated by a majorityvote of the total membership of the governmental entity represented by the member. A vacancy shall be filled by the original appointing entity. A member may be appointed for one or more additional four year terms. ARTICLE 5 AUTHORITIES, POWERS, DUTIES AND RESPONSmILITIES Section 5.01. Generalauthority. The MPO shall have all authorities, powers and duties, enjoy all rights, pri vileges, and immunities, exercise all responsibilities and perform all obligations necessary or appropriate to managing a continuíngt cooperative, and comprehensive transportation planning process as specified in Section 339.175(4) and (5), Florida Statutes. Page 6 of 16 . ... ..._.........~..mN.."_.~.~.......'" Agenda Item No. 1681 January 11, 2005 FO~óì01b19 POLICY PLANNING DOC - 07/03 Page 7 of 16 Section 5.02. Specific authority and powers. The MPO shaH have the following powers and authority: (a) As provided in Section 339. 175(5)(g), Florida Statutes, the MPO may employ personnel andlor may enter into contracts with local or state agencies and private planning or engineering firms to utilize the staff resources of local and/or state agencies; (b) As provided in Section 163.01 (14), Florida Statutes, the MPO may enterinto contracts for the performance of service functions of public agencies; (c) As provided in Section 163.01(5)(j), Florida Statutes, the MPO may acquire, own, operate, maintain, sell, or lease real and personal property; (d) As provided in Section 163.01(5)(m), Florida Statutes, the MPO may accept funds, gra.nts, assistance, gifts or bequests from local, State, and Federal resources; (e) The MPO may promulgate rules to effectuate its powers, responsibilities, and obligations enumerated herein; provided, that said rules do not supersede or conflict with applicable local and state laws, rules and regulations; and (f) The MPO shall have such powers and authority as specificaJly provided in Sections 163.01 and.339.175, Florida Statutes, and as may otherwise be provided by federal or state law. Section 5.03. Duties and responsibilities. The MPO shall have the following duties and responsibilities: (a) As provided in Section 339.175(5)(d), Florida Statutes, the MPO shall create and appoint a technical advisory committee; (b) As provided in Section 339.175(5)(e), Florida Statutes, the MPO shall create and appoint a citizens' advisory committee; (c) As provided in Section 163.01(5)(0), Florida Statutes, the MPO membershipshaJI be jointly and severally liable for liabilities, and the MPO may respond to such liabilities through the purchase of insurance or bonds, the retention of legal counsel, and, as appropriate, the approval of settlements of claims by its governing board; (d) As provided in Section 339.175(8), Florida Statutes, the MPO shall establish a budget which shall operate on a fiscal year basis consistent with any requirements of the Unified Planning Work Program; (e) The MPO, in cooperation with the Department, shall carry out the metropolitan transportation planning process as required by 23 CFR Parts 420 and 450, and 49 CPR Part 613, Subpart A, and consistent with Chapter 339, Florida Statutes, and other applicable state and local laws; Page 7 of 16 . . ......... ....._._..,._...._~--_. ·~..-.~..._----^.__., Agenda Item No. 1681 January 11, 2005 FORßm§.:tjl &b19 POLICY PLANNING OGC - 07/03 Page 8 of 16 (f) As provided in Section 339.175(9)(a), Florida Statutes, the MPO shall enter into agreements with the Department, operators of pubHc transportation systems and the metropolitan and regional intergovernmental coordination and review agencies serving the metropolitan area. These agreements will prescribe the cooperative manner in which the transportation planning process will be coordinated and included in the comprehensively planned development of the area; fg} Prepare the Long-Range Transportation Plan; ill In cooperation with the Department, prepare the Transportation Improvement Program; ill In cooperation with the Department, prepare and annually update the Unified. Planning Work Program; ill Prepare a congestion management system for the metropolitan area; ill Assist the Departmentin mapping transportation planning boundaries required by state orfederallaw; ill. Assist the Department in' perfonning its duties relating to access management, functional classification of roads, and data collection; (in) Perfonn such other tasks presently or hereafter required by state or federal law; !nl Execute certifications and agreements necessary to comply with state or federal law; and {Ql Adopt operating rules and procedures. ARTICLE 6 FUNDING; INVENTORY REPORT; RECORD-KEEPING Section 6.01. Funding. The Department shall allocate to the MPO for its performance of its transportatiòn planning and programming duties, an appropriate amount of federal transportation planning funds. Section 6.02. Inventory report. The MPO agrees to inventory, to maintain records of and to insure proper use, control, and disposal of all nonexpendable tangible property acquired pursuant to funding under this Agreement. This shall be done in accordance with the requirements of 23 CPR Part 420, Subpart A. 49 CPR Part 18, Subpart C, and all other applicable federal regulations. Section 6.03. Record-keeping: and document retention. The Department and the MPO .shall prepare and retain all records in accordance with the federal and state requirements, including but not limited to 23 CPR Part 420, Subpart A, 49CFR Part 18, Subpart C, 49 CPR 18.42, and Chapter 119, Florida Statutes. Page 8 of 16 . ... ........ n_ ....__.. ....~.'.......M..~..~....,_. ..-...__H...··...·.....··..,,···'..... Agenda Item No. 1681 January 11, 2005 FORß~-m(Ñ)19 POLICY PLANNING OGe - 07/03 Page 9 of 16 ARTICLE 7 MISCELLANEOUS PROVISIONS Section 7.01. Constitutional or statutory duties and responsibilities of parties. This Agreement shall not be construed to authorize the delegation of the constitutional or statutory duties of any of the parties. In addition, this Agreement does not relieve any of the parties of an obligation or responsibility imposed upon them by law, except to the extent of actual and timely perfonnance thereof by one or more of the parties to this Agreement or any legal or administrative entity created or authorized by this Agreement, in which case this perfOlmance may be offered in satisfaction of the obligation or responsibHity. Section 7.02. Amendment of Agreement. Amendments or modifications of this Agreement may only be made by written agreement signed by all parties hereto with the same formalities as the original this Agreement. No amendment may alter the apportionment or jurisdictional boundaries of the MPO without approval by the Governor. Section 7.03. Duration; withdrawal procedure. (a) Duration. This Agreement shall remain in effect until tenninated by the parties to this Agreement; provided, however, that by no later than January 1, 2010, and at least every five years thereafter, the Governor shall examìne the composition of the MPO membership and reapportion it as necessary to comply with Section 339.175, Florida Statutes, as appropriate. During examination of the MPO apportionment every five years by the Governor, this Agreement shall be reviewed by the MPO and the Department to confirm the validity of the contents and to recommend amendments, if any,that are required. (b) Withdrawal procedure. Any party, except the Collier County Board of County Commissioners and United States Bureau of the Census designated center cities, may withdraw from this Agreement after presenting in written fonn a notice of intent to withdraw to the other parties to this Agreement and the MPO, at least 90 days prior to the intended date of withdrawal. Upon receipt of the intended notice of withdrawal: (1) The withdrawing member and the MPO shall execute a memorandum reflecting the withdrawal of the member and alteration of the list of member governments that are signatories to this Agreement. The memorandum shall be filed in the Office of the Clerk of the Circuit Court of each county in which a party hereto is located; and (2) The Office of the Governor shall be contacted, and the Governor, with the agreement of the remaining members of the MPO, shall detennine whether any reapportionment of the membership shall be appropriate. The Governor and the MPO shall review the previous MPO designation, applicable Florida and local law, and:MPO rules for appropriate revision. In the event that another entity is to accorded membership in the place of the member withdrawing from the MPO, the parties acknowledge that pursuant to 23 CFR 450.306(k), adding membership to the MPO does not automatically require redesignation of the MPO. In the event that a party who is not a signatory to this Agreement is accorded membership on the MPO, membership shall not become effective until this Agreement is amended to reflect that the new member has joined the MPO. Page 9 of 16 ..... ..._...........,_..~-~. ------,......-- ,. Agenda Item No. 1681 January 11, 2005 FORß~.:t2.ot)19 POLICY PLANNING OOC - 07/03 Page 10 of 16 Section 7.04. Notices. All notices, demands and correspondence required or provided for under this Agreement shall be in writing and delivered in person or dispatched by certified mail, postage prepaid, return receipt requested. Notìce required to be given shall be addressed as follows: a) Board of County Commission Chairperson Collier County Board of County Commission 3301 East Tamiami Trail Naples, Florida 34112 b) City Manager City of Naples 735 Eighth Street, South Naples, Florida 34102-6796 c) City Manager City of Marco Island 50 Bald Eagle Drive Marco Island, Florida 34145 d) Mayor Everglades City 207 Broadway P.O. Box 110 Everglades City, Florida 33929 e) District Secretary Florida Department of Transportation District One 801 North Broadway Avenue Post Office Box' 1249 Bartow, Florida 33831-1249 A party may unilaterally change its address or addressee by giving notice in writing to the other parties as provided in this section. Thereafter, notices, demands and other pertinent correspondence shall be addressed and transmitted to the new address. Section 7.05. Interoretation. (a) Drafters of Agreement. The Department and the members of the MPO were each represented by or afforded the opportunity for representation by legal counsel and participated in the drafting of this Agreement and in choice of wording. Consequently, no provision hereof should be more strongly constroedagainst any party as drafter of this Agreement. (b) Severability. Invalidation of anyone of the provisions of this Agreement or any part, clause or word hereof, or the application thereof in specific circumstances, by judgment, court order, or administrative hearing or order shall not affect any other provisions or applications in other circumstances, all of which shall remain in full force and effect; provided, that such remainder would Page 10 of 16 Agenda Item No. 1681 January 11, 2005 FO~-ta0l:019 POLICY PLANNING OGC - 07103 Page II of 16 then continue to conform to the terms and requirements of applicable law. (c) Rules of construction. In interpreting this Agreement, the fonowing rules of construction shall apply unless the context indicates otherwise: (1) The singular of any word or term includes the plural; (2) The masculine gender includes the feminine gender; and (3) The word "shall" is mandatory, and "may" is permissive. Section 7.06. Enforcement by parties hereto. In the event of any judicial or administrative action to enforce or interpret this Agreement by any party hereto, each party shall bear its own attorney's fees in connection with such proceeding. Section 7.07. Agreement execution; use ofcounteQ?art signature pages. This Agreement, and any amendments hereto, may be simultaneously executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. Section 7.08. Effective date; cost of recordation. (a) Effective date. This Agreement shall become effective upon its filing in the Office of the Clerk of the Circuit Court of each county in which a party hereto is located. Any amendment hereto shall become effective only upon its filing in the Office of the Clerk of the Circuit Court for each county in which a party hereto is located. (b) Recordation. The Collier Metropolitan Planning Organization hereby agrees to pay for any costs of recordation or filing of this Agreement in the Office of the Circuit Court for each county in which a party is hereto located. The recorded or filed original hereof, or any amendment, shall be returned to the MPO for filing in its records. Section 7.09. Previous ~ment superceded. Upon execution by all parties andrecordation of this Agreement as specified in Section 7.08(b) , this Agreement shall supercede and replace the June 28,1999 Interlocal Agreement identified in the Recitals. IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on behalf of the referenced legal entities. Signed. Sealed and Delivered in the presence of: Page 11 of 16 --...-....--.-.....-.... "-'--- -",~--,~,_.-.,---,.-.-.."--,,. ATTEST Agenda Item No. 1681 J$~~~ POUCY PLANNING OOC - f11103 Page 12 of 16 Collier County, Board of CountyCommîssioners By: By: , Deputy Clerk Donna Fiala, Cbainnan By: Approv ~ Page 12 of 16 -"----.- -_..__._--------~- Signed, Sealed and Delivered in the presence of: A TrEST Marco Island City Council By: By:_ , Chairman Approved as to fonn and legal sufficiency By: City Attorney Page 13 of 16 Agenda Item No. 1681 January 11, 2005 FO~5JS~Of@ POUCY PLANNING OGC - 07103 Page 13 of 16 ~~~~_.- Agenda Item No. 1681 January 11, 2005 FOR~..1ßotJ19 POUCYPLANNlNG OGC - 07103 Page 14 of 16 Signed. Sealed and Delivered in the presence of: A ITEST Naples City Council By=__ By: . Mayor Approved as to fonn and legal sufficiency By: City Attorney - Page 14 of 16 ,.,"~,~~,.._._ ._.·~_A __',' O___A_'''.,__,",_,,_, ".U'~ ',,^',a Signed, Sealed and Delivered in the presence of: ATIEST Everglades City - City Council By:_ By:.._______ Approved as to form and legal sufficiency By: City Attorney Page IS of 16 ,__...._.___ m.................__........._.............n._ ,__,..__ ...._...................'_m......................._..._.h_. Agenda Item No. 1681 January 11, 2005 FoR.ß;;m-'Ol~19 POLICY PLANNING OGC - 07103 Page 15 of 16 , Mayor ...................~...._......_...._.._............. I Signed, Sealed and Delivered in the presence of: A1TEST By: Approved as to form and legal sufficiency By: District One General Counse1 Agenda Item No. 16B1 January 11, 2005 Fo~jf518IöfOO9 POLICY PLANNING OGC - 07/03 Page 16 of 16 Florida Department of Transportation By:_ Stanley M. Cann, P .E., District Secretary Page 16 of 16 Agenda Item No. 16B1 January 11, 2005 Page 190f19 RESOLUTION NO. 05- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TO ENTER INTO AN INTERLOCAL AGREEMENT WITH RESPECT TO THE COLLIER METROPOLITAN PLANNING ORGANIZATION, AND AUTHORIZING THE CHAIRWOMAN TO EXECUTE THE AGREEMENT. Whereas, Everglades City is the only incorporated jurisdiction in Collier County that does not currently have a voting member on the Collier Metropolitan Planning Organization (MPO); and Whereas, the Governor of the State of Florida approved a revised membership plan for the Me1ropolitan Planning Organization to include the City of Everglades City on July 27,2004; and Whereas, the Collier County Board of County Commissioners approved this 2004 Reapportionment Plan on June 8, 2004; and Whereas, the Florida Department of Transportation has asked that the Board of County Commissioners, the City of Marco Island, the City of Everglades City and the City of Naples . approve the State of Florida, Department of Transportation, Interloca1 Agreement With Respect to the Collier Metropolitan Planning Organization (hereinafter referred to as the "AGREEMENT"); NOW, THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners that: 1. The Collier County Board of County Commissioners IS authorized to enter into the AGREEMENT. 2. The Chairperson of the Collier County Board of County Commissioners is authorized to execute the AGREEMENT. DULY PASSED AND ADOPTED THIS DAY OF .2005 ATTEST: DWIGHT E. BROCK, CLERK COLLffiRCOUNTYBOARDOFCOUNTY COMMISSIONERS By: By: DONNA FIALA, CHAIRPERSON APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Jeffrey A. Klatzkow, Assistant COUBty .f..ttomey Agenda Item No. 1682 January 11, 2005 Page 1 of 22 EXECUTIVE SUMMARY Recommendation to approve Five (S) Adopt-a-Road Program Agreements at the Board of County Commissioners meeting at a total cost of 5450.00 for six (6) new signs. The other signs already existing. OBJECTIVE: To approve for execution by the Board of County Commissioners Agreement signed by the volunteer group of certain adopted roadway under the Collier County Adopt-a- Road progmm. CONSIDERATIONS: That the volunteer groups so named be recognized as the sponsors of the particular segments of roadway named in the Agreement, to perfonn litter removal in accordance with instructions contained in the Agreement. FISCAL IMP ACT: The cost of a roadside sign at either end of the roadway segment listing a new volunteer group as sponsor and responsible for keeping the area free oflitter. The cost of these signs is $75.00 per sign, there will be 6 new signs installed for a total cost of $450.00 with the other signs already existing. The funds will be taken from the Transportation Services Fund (111) and source of funds are Ad Valorem Taxes. - RECOMMENDATION: That the Board of County Commissioners recognizes the volunteer groups Jean-Marc Katzeff-South Bay Realty, Glades Realty & Captain Brock, Global Title Company, Marie-Ange Katzeff-South Bay Realty and Marie-Ange Katzeff-South Bay Realty as the sponsors of the listed roadways and the Chainnan execute the Agreements on behalf of Collier County. Prepared by: Margaret A. Ramos, Administrative Secretary, Road Maintenance Department -. AgenrJa Item No. 1682 January 11. 2005 Pagf.1 :? of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 1682 Recommend Board's appro...,')1 of Adopt-a-Road Agreements for the following: Jean-Mnrc Katleff-South Bay Realty. Glades Rea!ty & Cnplain BroCK, Global Tit1e Company, M8Jie-Ange Katlø!f-Soutr¡ Bay Really and Mari~-Ange K.al7.etfN$outll Bay Really 111·1/2005 {:I:OO:OO AM Item Number ttem Summary Approved By Jeff KJatzkow A5...i...tilnt County Attorn/!y D~.t/! Gounl)' Altarn~., CCo\JJ1iy Atiarney ( fflç" 12!20/2004 11 :26 AM Approved By Sh.¡¡ron N.~wmiln A..:r;ounting Supcrvi5ör Da1~ TransþOrtion SlL!"rvice& Transportation Administralio" 12i20f2004 3:11 PM Approved By Rookmin Nauth Acc;ounting Techniciall Date Tr.,n5PQrtiQj'¡ Servi';'II~ Tran'~ort;rtion Adm~nj¡~tr.lion 12i20/2004 3:17 PM Approved By ,John VhC!t Rmid:;. M,lIintffnnnca SUf;\o!rlr'¡~:ndarÜ [ ¡;t~ Ttanspol1:ion S~tvice!> Hoad Ma¡ntt!f!an!:~ 12!21J2004 6:38 AM Approved By Norm E. Feder, AICP T tan.spot1:ltion Di....ision Adlniflu¡trator Date Transpo11ion SNvir;es Transportation Servicc$. Admin 121221200411:'10 AM Approved By Pat Lehnhard EXE'lcutlve Scrcre1ary O;¡te lran5 :1ortutlon Sel'\lic:l!-s TralluportutiOf! Services Admin 12/22/20042:07 PM Approved By aMB Coordinate)! AdrniniGttéltl\lott Ausldant Outl1: County Manager'u Office Office of Managemet\t & Budget 12f2212004 2:· " r~M Approved By Mark 1j ;!Icks;ol'\ Budget Analyst Date CnLlt1ly Managm', OfficI: OffiCI! of Mnn.aQ",m¡mt & HIIDgnt t2!2212004 3:44 PM Approved By Mi~hn~1 5mylwwshi Managr::mMt 8. BUdoet Oir~r.t.,.r D.de County Manag~r's Office Office 01 Management & Budget 12i3- /2D04 !:U3 AM Approved By Jamel6 V. Mudd C<.'unty Manager Date Board of County Comnlis!$iol1l:!n County Managl!lf'S Office 12f31/200-4 10:43 AM Agenda Item No. 1682 January 11, 2005 Page 3 of 22 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this I¿¡ ~y of J~ IP~, 20R..Í by and between Collier County (hereinafter the "COUNTY'), and the volunteer group, South Bay Realty - Jean-Marc Katzeff (hereinafter the "GROUP"), whose address is 16181:11 Street SE, Naples Florida 34117 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to con1ribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Pine Ridge Road fÌ'om Airport Pulling Road to Collier Boulevard. (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following tenns and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Deparbnent of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 6011Uld 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold hannless agreement provided by the COUNTY, and attend a Agenda Item No. 1682 January 11, 2005 Page 4 of 22 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 Agenda Item No. 1682 January 11, 2005 Page 5 of 22 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, tenninable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the tennination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the Comty project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier Comty or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. 3 Agenda Item No. 1682 January 11 , 2005 Page 6 of 22 E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. ATTEST: DWIGHT E. BROC~ Clerk By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Donna Fiala, Chainnan Deputy Clerk GROUP Soutb Bay Realty - Jean~~are Katzeff :..eP t..t:-~ ß Name(print): J Fj.I ¡V - M fJIZC.. 1,( ¡4 Tz E 1:[ Title (print): K E A L. T c> ¡::, Phone # (day): ¿J 93- 1/ Z z: Phone # (night): ~ S- ? - jì e> ~ 2_ Approved as to form and legal sufficiency: Jeffrey A. K1atzkow Assistant County Attorney 4 Agenda Item No. 1682 January 11, 2005 Page 7 of 22 COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into this q ~ day of ~c.. , 20 ~ by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Glades Realty & Captain Brock (hereinafter the "GROUP"), whose address is P.O. Box 599, Everglades City, Florida 34139 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-nee roads, and enter this Agreement to pennit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as SR 29 from CranestowD south for two miles. (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following tenns and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of .Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold hannless agreement provided by the COUNTY, and attend a Agenda Item No. 1682 January 11,2005 Page 8 of 22 . safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the COW1ty'S project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement 2 '^"""'O"'~__ Agenda Item No. 1682 January 11, 2005 Page 9 of 22 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter fÌ'om the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area ftee of litter. C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, tenninable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the tenns and conditions of this Agreement, the COUNTY may tenninate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold hannless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the perfonnance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. 3 Agenda Item No. 1682 January 11, 2005 Page 10 of 22 > E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. ATTEST: DWIGHT E. BROCK, Clerk By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Donna Fiala, Chainnan Deputy Clerk By: Approved as to form and legal sufficiency: Jeffrey A. Klatzk:ow Assistant County Attorney 4 Agenda Item No. 16B2 January 11, 2005 Page 11 of 22 COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT Terms and Conditions ilÎ THIS C?LLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this~V~y of ~ 20 oiby and between Collier County (hereinafter the "COUNTV'), and the volunteer group, Marie-Ange Katzeff - South Bay Realty (hereinafter the "GROUP"), whose address is 2180 Hawkridge Drive, Naples, Florida 34105 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Livingston Road from Golden Gate Parkway to Pine Ridge Road (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perfonn litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a Agenda Item No. 1682 January 11, 2005 Page 12 of 22 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet ftom the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed fonns will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds ftom redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's pennission, be retained by the GROUP during the term of this Agreement. 2 r Agenda Item No. 1682 January 11, 2005 Page 13 of22 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free oflitter. C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person perfonning litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. 3 Agenda Item No. 1682 January 11, 2005 Page 14 of 22 E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. A TrEST: DWIGHT E. BROCK, Clerk By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk Donna Fiala, Chairman GROUP: Marie-Ange Katzeff - South Bay Realty By: ~;.-~~ Name(print): 'UAR l£-/I M" ¡;;- k'I'1TL' £FF Title (print): Re-11 t- roR Phone # (day): .2 G S' - <;';>( 4 I Phone # (night): .3 {.. :3 - 38 L-I / Approved as to form and legal sufficiency: Jeffi'ey A. Klatzkow Assistant County Attorney 4 Agenda Item No. 16B2 January 11, 2005 Page 15 of 22 COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT Terms and Conditions [)( THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this~ day of ~dby and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Marie-Ange Katzeff - South Bay Realty (hereinafter the "GROUP"), whose address is 2180 Hawkridge Drive, Naples, Florida 34105 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-tree roads, and enter this Agreement to pennit the GROUP to contribute toward the effort of safely maintaining a litter-tree Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Livingston Road from Vanderbilt Beach Road to Immokalee Road (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perfonn litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Unifonn Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a Agenda Item No. 1682 January 11, 2005 Page 16 of 22 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed fonns will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's pennission, be retained by the GROUP during the tenn of this Agreement. 2 Agenda Item No. 1682 January 11, 2005 Page 17 of 22 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic conttol signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: 1bis is a month-to-month, at-will agreement, tenninable by either party, with or without cause, on 30 days written notice to the other party. 1bis Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the tenns and conditions of this Agreement, the COUNTY may tenninate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees ftom any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person perfonning litter removal as part of the GROUP during the perfonnance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. 3 Agenda Item No. 1682 January 11, 2005 Page 18 of 22 E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. ArrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Donna Fiala, Chainnan Deputy Clerk GROUP: Marie-Anle Katzeff - South Bay Realty, By:~è-~ Äh/l Name(print): Nfl- TG-IJ'ijiF kItT.;!.£F¡;;' Title (print): T? E¡tL TO R Phone # (day): :i G 3- 3g 1/1 Phone # (night): --263 - 38 '-'I Approved as to fonn and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney 4 Agenda Item No. 16B2 January 11, 2005 Page 19 of 22 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this Li day of ~, 20 O~ by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Global Title Company (hereinafter the "GROUP"), whose address is 13500 N. Tamiami Trail, Naples, Florida 34110 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Goodlette-Frank Road from Golden Gate Parkway to Creech Road (the "Adopted Roadway"), aclmowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a Agenda Item No. 1682 January 11, 2005 Page 20 of 22 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's pennission, be retained by the GROUP during the tenn of this Agreement. 2 Agenda Item No. 16B2 January 11, 2005 Page 21 of 22 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, tenninable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. It: in the sole judgment of the County Project Coordinator, it is fmmd that the GROUP is not meeting the tenns and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modifÿ or cancel the program at any time. Upon the tennination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees :trom any claim, loss, damage, cost, charge or expense arising out of any act, action. neglect or omission by the Group or by any person performing litter remOval as part of the GROUP during the perfonnance of the Agreement, whether düect or indirect, and whether to any person or property to which. Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages ari.siDg out of åVury 01' ~ to persoas 01' property directly caused or resulting from the sole negligence of Collier County. and its officers, employees or agents. 3 ,- Agenda Item No. 1682 January 11, 2005 Page 22 of 22 E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties. and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties. either oral or written. with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This AgreemeD1 is for litter removal activities only. No beaut.ificatioÐ activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have œusett this A.gJ:eemeØ to be executed 8S of the date written above. ATTEST: DWIGHT E. BROC~ Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FWRlDA By: By: Deputy Clerk Donna Fiat, Chairman GROUP Global Title Company N TItle ) Phone # ( Phone # (night): By: Approved as to form and legal sufficiency: Jeffi'ey A. Klatzkow Assistant County Attorney 4 Agenda Item No. 1683 January 11, 2005 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve a Resolution to reduce the speed limit on Collier Boulevard (CR 951) from 55 miles per hour to 45 miles per hour for the section from Davis Boulevard to Cedar Hammock Boulevard at a cost of approximately $400. Objective: That the Board of County Commissioners approve a Resolution to reduce the speed limit on Collier Boulevard (CR 951) from Davis Boulevard to Cedar Hammock Boulevard. Considerations: On November 16,2004, Traffic Operations staff performed a speed study and field evaluation of Collier Boulevard (CR 951) from Davis Boulevard to Cedar Hammock Boulevard, a total length of 0.8 miles. The subject roadway is a four-lane, two-way road in a commercial and residential area. The current speed limit on this road from Davis Boulevard to Cedar Hammock Boulevard is 55 miles per hour. - Analysis of the speed study and field evaluation took into account the increased traffic and congestion generated by the newly-opened Wal Mart Super Center, the entrance of which is located on Collier Boulevard approximately 0.5 miles south of Davis Boulevard. Based on the field speed data (85th percentile speed, 10 mi/h pace speed), field test-drives and FDOT requirements, staff recommends reducing the speed limit on this section of Collier Boulevard to 45 miles per hour. Fiscal Impact: The estimated cost of installing new "Speed Limit" and "Reduced Speed Ahead" signs is approximately $400. Funds are budgeted in the Traffic Operations Department operating Fund 101. Growth Management Impact: There is no Growth Management impact associated with this Executive Summary. Recommendation: That the Board of County Commissioners approve a Resolution to reduce the speed limit on Collier Boulevard from Davis Boulevard to Cedar Hammock Boulevard, authorize the Chairman to execute the Resolution, and authorize Staff to erect the appropriate traffic control signage. PREPARED BY: Steve Yu, P.E, Senior Engineer., Date: December 1,2004 Attachments: Resolution Speed Limit Study ofCR 951 (11/19/04) & Map of Area Original Documents Checklist & Routing Slip - Agcncla Item No. 1683 January "11. :2005 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number Item Summary 1663 Meeti ng Date RecomlT1endalÌon 10 approve 11 Re¡;¡oiu1ion to r~dllrR. tile speed limit 01' ColJier Boulevard ¡CR 951"1 from 55 miìes per hour to 45 mil€s per taour for the $ectior from Davis Bou!evard to Ceder Hamrnock Bou t!:vlini at a r;o::;t 01 approximately .$400 1/1"1/2005 ~:OO:DO AM Prepared By O;!ile Sheila Convery Traffic Signal Technician 1Zi2112004"1 :31 :18 PM Tr;1f15por iol"l Serví.¡:r.:1i Traffic Opr.ratiQt1/Si ATM Approved By ßarþj)r¡¡ I.¡¡P¡l!trC! Maf)<lgC!meniißudgd AnaJYlS1 [}<lta Tr.;un.portion Ser"icc5 Transportation Operati...ms 12/21120Q41:"'" PM Approved By Shawn Newman Accounting Supervi'6or Ds1e Tran~portiCln SC'tvic~s Tr;¡nsportat,on Admini'Jtrntíon 12/2:1/20045:05 PM App roved By Robart W. TiptOt1. r,E. County Traffic Operations Engineer Date Trantlpartion Sf.'rvÌÇ'l;!t; Traffic OperatiQn!li A 1M 1;,!J2112004 5:~tI PM Approved By Norm E feder, AICP TrõHl$portatlon Oivi"iol1 Administrator Date Tr;Jl'lf<porUon !:ier"lt'Îr;r.$ Traf1t.poriatian Ser\.'ic:es Admin. 12122120047:06 AM Approved By Jr.ffKlabkl:lw Ä$.$i$tnnt County Attornev Dtltf!" r;j)\mly A.11orn~y County AI1oTn/?'Y Office 12/22/20041:20 PM Approved By Put Lf!hl*ilrd E;(~c;lIt!\i~ Sr.crnt¡¡¡ry Dil1~ Transportation Se-rVÎces Transportation Service5 Admin 12iU/20tJ4 2:14 PM Approved By OMB CoordinatDr Administrativ,=, Anis1at1t Date Co"nty Mallnger'oN; Offìcc Office of Matlngemenl & Budgel 12/29/20048:49 AM Approved By Mich;Ult SrtJykQW$kl MiHl'1gemeni... fJlJdget Direclor Dntl! County MUI1;11gt!I'" Offic.e Dffice! of Management 8. Budget 12f31t2004 11 :04 AM Approved By JaITl't!l V. Mudd County Manager Date Board <:Jf CP\~"ty (;ommis1>ioners. County Man,agl1r's. Office 1.'4120056:58 AM Agenda Item No. 1683 January 11, 2005 Page 3 of 6 Memorandum To: Robert W. Tipton, P.E., PTOE, Traffic Operations Director From: Steve Yu, P.E., Senior Engineer Date: November 19, 2004 Subject: Speed limit Study of CR951 for the section from Davis Blvd. to the south of Cedar Hammock Entrance A speêd lìmit study and field evaluation for the above referenced roadway has been conducted. The findings and suggestions are as follows: 1. The subject roadway section is on CR 951 from Davis Blvd. to Cedar Hammock Entrance with a total length of 0.8 miles (See map below). The current posted speed limit is 55 MPH for both directions. 2. The speed measurement was conducted at Business Circle South, whìch is a location in the middle of the section. 3. The field test drives have also been conducted as part of the study. Transportation Se1Vices Divisìon Transportation Opera/lens Department Traffic Operations Section Agenda Item No. 1683 January 11, 2005 4. The data collected from the field shows that the 85th percentile speed is 48.6 mph ~e 4 of 6 the southbound and 50.0 mph on the northbound. The 10 MPH pace is 4049 mph for the southbound and 42-51 mphfor the northbound. 5. The FOOT document "Speed Zoning for Highways, Roads, and Streets in Florida" states: A speed limit should not differ from the 85th percentile speed or upper limit of the 10 mi/h pace by more than 3 mi/h and it shall not be less than 8 mi/h. (FOOT Manual Number 750~010-002, 1997 Edition) 6. Analvsls: The measured 85th percentile speed of 48.6 mphon the southbound and 50 mph on the northbound would normally result in a· 50mph speed limit for both directions. However, when we consider the fact that the newly built Wal-Mart Super-Center has generated tremendous traffic and congestion in this roadway section I it is appropriate to lower the speed limit to 45 mph. The field test drìves yield a comfortable travel speed at 45milh. 7. Recommendation: Based on the field speed data (85th percentile speed, 10 mi/h pace speed), field test-drives and FDOT requirements, it is recommended to lower the speed limit from 55 mph to 45 mph to reflect the traffic condition changes in this area. TransportatJon Services VMs/on Ttansportatkm Operations Department Traffic Operations Section DAVIS r3L- VD 5R84 ! I-~'" -- v--- _...- ~ i.... __ .. We> --- Study Area: Collier Boulevard from Davis Boulevard to Cedar Hammock Boulevard (0.8 miles) Current Speed Limit:;:; 55 MPH Proposed Speed Limit:;;;: 45 MPH (" \ I J N ~ ~ ¡ s:j. ~ <4J.. > ~ ~ c:Þ ~ ill:' lli\ J. J. CD \"J) i Agenda Item No. 1683 January 11, 2005 Page 5 of 6 cA RH!IT Q.Ð d CR 951' OL fER BLVD ·~--_...__._- Agenda Item No. 1683 January 11 . 2005 Page 6 pf 6 RESOLUTION NO. 2005-_ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COu..æR COUNTY. FLORIDA. AtJTHORIZING A SPEED LIMIT REDUCfION ON COLLIER BOULEVARD (CR 951) FROM THE CURRENT SPEED LIMIT OF FIFTY -FIVE Mll_ES PER HOUR (55 MPH) TO FORTY-FIVE MILES PER HOUR (45 MPH) FROM DAVIS BOULEVARD TO CEDAR HAMMOCK BOULEVARD. WHEREAS. Chapter 316. Florida Statutes. permits the Board of County Commissioners (Bee) to alter established speed limits on roads under its jurisdiction; and WHEREAS. ColJier Boulevard (CR 951) falls under the jurisdiction of the Bce and presently has a fifty-five miles per hour (55 MPH) speed limit; and WHEREAS, in accordance with Section 316, Florida Statutes. the BCC may alter such existing speed limits as may be appropriate upon the basis of an engineering and traffic investigalÎon; and WHEREAS. the results of the County's engineering and traffic investigations indicate that changing the current speed limit on Collier Boulevard to forty-flv,;: miles per hour (45 MPH) from Davis Boulevard to (,.eclar Hammock Boulevard is reasonable and safer unde,r the conditions found to exist and that it conforms to criteria promulgated by the ('.ounty and the Florida Department of Transportation (FDOT). NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLŒR COUNTY, FLORIDA, THAT: SECTION 1: The BCe does hereby establish a forty·five miles per hour (45 MPH) speed limit on Collier Boulevard (CR 951) from Davis Boulevard to Cedar Hammock Boulevard, a distance of approximately 0.8 miles, and directs the County Traffic Operations Department to erect appropriate speed limit signs along this segment of Collier Boulevard giving notice of this change. SECTION 2: A copy of this Resolution shall be forwarded to the <:Ollier C:Ounty Sheriff's Office for proper enforcement of the established speed limits for Collier Boulevard within the designated segments. SECTION 3: The effective date of the speed limit reduction shalJ be after written notification to the Sheriff's Office and upon the posting of appropriate signage. This Resolution adopted after motion, second, and majority vote favoring same this _ day of ,2005. ATIEST: DWIGlIT E. BROCK. Clerk BOARD OF COU!\'TY COMMISSIONERS COLLŒR COUNTY. FLORIDA . Deputy Clerk BY: DONNA FIALA. Chairman BY: al sufficiency: Agenda Item No. 1684 January 11 , 2005 Page 1 of 2 ",-..... EXECUTIVE SUMMARY Recommendation to approve the use of transit enhancement funds (313) to purchase a new transit bus under Florida Public Transportation AssociationlHarline contract 2003-07-01, trolley decal wrap and necessary equipment (in the estimated amount of $286,500) OBJECTIVE: To acquire Board approval to purchase a new transit bus, trolley decal wrap and necessary equipment utilizing Transit Enhancement Funds (313). ... CONSIDERATION: The Collier Area Transit system's current service level requires a total of eleven buses. Collier Area Transit plans to expand services and the additional bus is needed. Staff requests approval to purchase, through State contract, one new Gillig 24-passenger transit bus frQm Gillig Corporation, Haywood California, at a cost of approximately $286,500. The bus will be purchased utilizing County Transit Enhancement dollars. Price includes installation of a radio (through a State Contract with Communications International, Sole Source approval granted by the Board of County Commissioners, 9/14/99, Agenda Item No. 16.E.14) and trolley decal wrap by Stan MittslTrolley Illusions. The trolley wrap replicates that of current buses and is copyrighted by Stan Mitts, and hence this component of the project constitutes a sole source acquisition. - FISCAL IMPACT: The total cost for the new bus is $286,500. The purchase will be funded from Fund 313 Project 61010 Gas Taxes. GROWTH MANAGEMENT IMPACT: Consistent with Object 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve: (1) the purchase of a new transit bus through Gillig Corporation under Florida Public Transportation Association/Hartline Contract 2003-07-01; (2) approve the purchase and installation of a radio through Communications International (Board approved sole source 9/14/99, 16.E.14); (3) waive formal competition and authorize the purchase of the trolley decal wrap through Stan Mitts, who owns the copyright to these designs. The estimated total amount of these expenditures is $286,500; and (4) approve any budget amendments required. Prepared by: Lisa Hendrickson, Senior Planner, Department of Alternative Transportation Modes - . ._.".......,...,,·,.....~."..H_·.·. ",., Item Number Item Summary Meeiing Date Approved By Li.sd Hendrickfion TniU'Ilipnrt!otl S~f\li(;(',!f; AgenÖa Item No. 16B4 January 11. 2005 Pagf..~ 2 af 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1664 Recommendation !(] approve: loe woe of transit r.:nhilO('.emen1. fund5 (313) to purchase a new transit bus under FIQrida Puhlic Transpor1ation A'io'5ocja1íon!Harlíne contrAct 20a3·a7~01, trolley decal wrap aud necessary equipment (inlhfJ l!s!irnRled srnounl of $286.5DO) 1/11/2005 {1:00:DO AM Malló1qemønliBudgd Analys.t Date fraNk; Op(',r.lti(WIs! ATM 1216120043:47 PM Man.ill{}crt'lctlt!BlJdget An.llyfi'C Dæf!. Approved By {-3.arbôlfiJ L.;aPit¡rm lransportiol1 Services TransportatiQn Operations 1216/20044:22 PM Purchasing Agel\! Da1e Approved By E:ilenda Bri!har1 Admin¡stré1tìv~ Serv¡':a~$ Pur,-;hn$ing 1::m2!2oo411;27 AM Dato'!' Approved By Diane B. Flagg TrnnIJportion 5C'tvi(,;\!!!J Traffic Op'!'Jrèitìons And AI1 Trans Modes Director Traffic 0pNJtìmul A TM 12/22/2.004'1 :48 PM N¡,rm E. r~r.ler. AICP Tr.a.l11>porta1ìon Division Adtn!ni6tr;rtor Oa1~ Approved By h<')lI~p(.lrt on Sef1,ic::t!:!I lraosport;)th:m Sefvi(;~s Admin. 12/23120047:11 AM Ä(.·l.;oun1Ing Supervisor Date Approved By Shò!lron Nt'-wmatl Transparlion Sl!';rvicl?;s TransPQrl<\tiøl\ Arlmini¡¡traUDn 12123/200410:16 AM Pat Lehnhnrd Exccutlve Secrdory D"'. Approved By Tuu'sport¡rtion $eh'U:CIIò Tr.an:spoth,!iol1 Ser"'¡¡:c$ Admif1 12/2312[}0411:22 AM Mark lu$ck1llt:H) BudHet An;lJyst Da1t! Approved By (;,'unty Manager'_s Office Office of Managcment & Budgt!t 12123/20044;22 PM Approved By OMS Coordinator ComIty M;)fI;!ger's Ol'fke Admi"i;.¡tr¡¡tive A¡:;:&istant Date Office of M;ItHlge"~nt & Budgel 12/23120044:24 PM Mich.Hd Sn)y50:oWski M;ulagern~"i " f)udg'¢1 Direclm Date Approved By County Managt!r's OfficI!! Office 01 Manageln!!n1 & Budget 12/271200.4 9:25 AM Approved By James V. Mudd Board (I' County Commis<¡ìone,s County M~l1ager Dat. Cour¡1y Malulgt!r'~ Offic(! 1 ZI3~H:l.004 "12:08 PM Agenda Item No. 1685 January 11, 2005 Page 1 of 20 ,,.,,-,.,. EXECUTIVE SUMMARY Recommendation to approve a Resolution approving and authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the Florida Department of Transportation, which Agreement implements up to $695,200 for the design and construction of roadway lighting and replacement of sidewalks on State Road 84 from US 41 to Airport-Pulling Road by Collier County, with reimbursement by the Florida Department of Transportation Objective: To gain Board approval of a Resolution which approves and authorizes the Chainnan to .·execute a Local Agency Program (LAP) agreement with the Florida Department of Transportation (FDOT) allowing Collier County to design and construct roadway lighting and replacement of sidewalks on State Road 84 and accept reimbursement by the FDOT for its costs in doing so. Considerations: The Collier County Metropolitan Planning Organization (MPO) identified funds in the FDOT's Five-Year Work Plan for the design and construction of roadway lighting and replacement of sidewalks on State Road 84 (Davis Boulevard), from US 41 to Airport-Pulling Road. The FOOT has agreed that this enhancement can best be accomplished by Collier County Staff and contractors. An agreement has been negotiated allowing Collier County's Traffic Operations Department to implement lighting design and construction, with full reimbursement up to the amounts programmed for those tasks, respectively, upon completion. The roadway lighting will be placed at the back of the current sidewalk. The BayshorelGateway Triangle CRA is committed to obtaining easements, and installing meander sidewalks and landscaping at a later date through a JP A with Collier County. (See attached meeting minutes, 10/13/04) - Staff recommends initiating design for the lighting project in the current (04/05) Fiscal Year and beginning construction in the following (05/06) Fiscal Year. Advancement of construction funds was unanimously approved by the Community Redevelopment Agency (CRA) during its September 20, 2004 meeting (Item #4a). Fiscal Impact: The FDOT has budgeted $63,200 in its FY 2004/2005 Work Program for the design of SR 84 lighting and $632,000 in its FY 2006/2007 Work Program for lighting construction and replacement of sidewalks. Funds will be budgeted from Gas Taxes in Fund 313, Project 60176-1 to initiate design this Fiscal Year. Funds in the amount of $632,000 must be advanced in Fiscal Year 05/06 in Fund 313, Project 60176-2 during the next budget cycle so that construction may proceed one year ahead of FOOT schedule, as previously approved by the CRA. Growth Management Impact: There is no Growth Management impact associated with this Executive Summary. Recommendation: That the Board of County Commissioners approve the attached Resolution approving and authorizing the Board Chairman to execute the attached Agreement with the Florida Department of Transportation for the installation of roadway lighting on State Road 84 (Davis Boulevard), and authorize any necessary future budget amendments. PREPARED BY: John w: Miller, Field Supervisor Date: Navember 3D, 2004 Attachments: Ruolulion Local Agency Program (LAP) AgreemeTÚ #415566-1 (3 originals 10 execute) OrIginal Documents Checldlst & Routing Slip MlnuJes of Meeting between Collier County and CRA, October 13, 2004 - Agenda Item No. 1685 January 11. 2005 Page ¿ of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 1585 R€commendBtion fo approve <I Resolution approving and ßutl1ori1.ing the Chflimlan ofthe Board of County Commis.sioners to execute a Local Agenr;y Program Agreement with the Florida Department IJfTr8nsportalion, which Agreemen1 implements up to $695.20D tor the de~.ign and conslnJclioll or roadY/BY lighting [lnd replnr..emlmt of !':,idew(llk"., on Sttlte ROi3d 84 from US 41 tG þ..írport-Putling Road by Collier County, with n"imb~lrse'ìlent bylhe Florida Depa!1n1ent 01 TrélnSpOr\atlon 1/11i2005 9:00:DO AM Item Number Item Summary Prepat~d By 0... S.h~Ha Convery Traffic Signal Technlcian 121612004 HL3S:3Z AM Tratl$;portiol\ SE!rvlceiö ''fr031fk O .1t!:fatlonsl A 1M Approved By , P.ffKI¡I't:.llloW Ass!sl.iInt County Altornev Dutn County Attorn~y County AUOrncy Offi~ 11J8j:;m0411:1D AM Approved By Sharon Ncwm.an Accountin!J Supervisor 0"'" Tran:¡portIOf1 5I!ctV¡(;~ß Tranilporb1ion Admínl!lòttatJon 12121l2ß04 5:06 PM Approved By Norm E. FedN. AICP Tran:Jportltlion Oív(siol1 Administrator Dator_ Tr:UUiportlon 5ervice~ Tranapartóltiorl Servic.es Adm!!). 12122/20044:53 PM Approved By Rebert \'11_ Tipton. P.E. Ctlunty Traffl,;.' Operation\> Engineer Date TrarUip<lrtio!"l SNvictt~ Tnffic Oparatlo-nif./ ATM 12i23fZOf,i4 10~05 AM Approved By P.a.Il.ttt1nh1;"\rd EX~r.utiv~ SeCtd.iI'Y O:1t~ Tr,¡¡ft1l;f)0r1i!1ti')11 Set'\ljc~$ hanlòportation Servic.e\; Aörrlin 12.f23:20Q.412:S4 P'M Approved By OMI3 CootdìlHltor AdmiuÜstra¡¡...e A..!f.sisbnl Date County M3naf r.r'¡; Officn Office of M"nageme:nt 8. Budgc1 121'2:),'20011 2:04 PM Approved By Mark Isackson BUdget Ans!yst Date Count)' Mall¡lger'$ Office Office of /I,1.aIl¡)gt!numt & Budget 12i2312004 4:41 PM Approved By Mich¡u:1 SmykoWtil<¡ Management & Budgel Director O'ltc- County Manager'ti Office Office of M.H13gement & Budget 1212712(}Q4 9:;¿4 AM Approved By James V. Mudd Cuunty M,,'I<:Iger 0... ßo.ard (\f COU11ty CommÎ$'Soiol1ers Counly Ma"~(Jer'$ Offic(! 12íJOl20Q4 2:14 PM Agenda Item No. 1685 January 11 , 2005 Page 3 of 20 Florida Depamnent of Transportation JI£B IW$II GOVEnNOR November 29,2004 801 North Broadway Avenue Bartow, F!orido 33830 .lOSE A(tREV SECRETARY Comer County Mr. John Miller 2705 South Horseshoe Drive . Naples, Florida 34104 RE: Local Agency Program (LAP) Agreement F. M. Number: 415566-1 County: Collier F.A.P. No.: 0581 008 P Description: Lighting and Sidewalk s Dear Mr. Mìl1er: Enclosed please find three (3) originals of the Local Agency Program (LAP) Agreement for the above referenced project. Please have all originals signed and returned to me. Also, contained \vìth the Agreements, please include two (2) original or certified Resolutions rendering an original seal and original signature by the clerk authorizing the BoCC Chaim1an or a designee to enter into and execute Agreements and other applicable documents pertaining to this Agreement. If I can be of further a.c;¡sistancc, you may contact me at (863) 519-2791 or e-mail Michel Ie .Pcronto(â)dot. state.tl. us. Sincere1y, L/7JØ/kttL~j ~ Michelle S. Peronto Local Agency Program Coordinator FDOT, Djstrict I Cc: File Dìstrict One, District Contracts Oftice 801 North Broadway A venue * Post Office Box 1249 * Bartow. FL 33831-1249 (863) 519-2791" (863) 519-1909 (Fax)" ¡vIS l-t8 wwwdCJtstatef1.us * '1EC'fI;LEPPA'Pe·R Agenda Item No. 1685 January 11, 2005 Page 4 of 20 Siate of Florida Department of Transportation LOCAL AGENCY PROGRAM AGREEMENT S2¡¡·ij~().40 PftOJ JAGT. RESEAACH 8. ÐEVO¡:C OOC-l1~ 1".1011:/ FPN N0415566·1 Fund: MG FLAIR Appl'OP; Federal No: 0581 008 P Org. Code: 55014010106 FLAIR Obj.: FPN No Fund: ~S FLAIR Approp: Federal No: Org. Code: 55014010106 FLAIR Obj.. County No. Q3 Contract No: Vendor No,; f 59()Q00558102 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and C'..onstruction THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT ÖF TRANSPORTATION. an aaencv of tQe State of Florida, hereinafter 'Ga!led the Department, and Collier County; 2671 AIrport Road; Naples. Fl34112 hè'reìnafter caned the Agency. WIT N E SSE T H: WHEREAS, the Agency has the authority to enler into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida Statutes to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as fellows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in lk1htina..aruiaidewalk and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter caned the project, and to provide departmental financial assistance to the Agency and state the terms and conòítions upon which such assistance w1!l be provided and the understandings as to the manner in which the project will be undertaken and completed, 1.01 Modifications and Additions: EXhibit(s) A,ß,RL are attached hereto and by this reference made a part hereof 2.00 AccQmplishment of the Project: 2,01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with aU practical dispatch, in a sound, economical, and efficient manner,. and in accordance with the provisions herein, and an applicable laws. The project will be performed in accordance wfth aU appHcable Department procedures,guidennes, manuals, standards, anddirect!ves as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. A fun time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. 2.02 Expiration of Agreement: The Agency agrees to complate the project on or before 12/3112008 . If the Agenc)l does not complete the project within this time period, this Agreement will expire on the last day of scheduled completion as provided in this. paragraph unless an extension of the time period 15 request~dby the Agency and granted in writing by thé Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of the Agreement: will not be rejr~bursed by the Department. 2,03 Pursuant to Federal, State, and Locaf Law: In the event that any eJectlonc referendum, approval. permìt¡ notice. or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe,assume or carry out any of the provisions of the Agreement, the Agency wìlJ ìrÚtiale and consummate, as províded by law, all actions necessary with respect to any such matters so requisite. 2.04 Funds of the Agency: The Agency shan inmate and prosecute to completion all proceedings necessary, including Federa!-aid requirements, to enable the Agency to provide the necessary funds for completion of the project Agenda !tem No. 1685 January 11, 2005 Page 5&~.g PRO,rMGT RESE.'RC¡'¡ & DE\! OFe OGC . -; 1!C;~~ Pa~2 of 1.2 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway Administration may require. 3.00 Project Cost: 3.01 Total Cost: The estimated totaJ cost of the prQject is S 695.200.00 . This amount is based upon the schedule of funding ìn Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total cost oftne project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00 of this agreement. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "8". This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid participation. 3.03 Limits on Department Funds~ Project costs ehgible for Department participation wi!! be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) legislative approval of the Department's appropriation request in the work program year that the project is scheduled b} Availability of funds as stated in paragraphs 304 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; ò) Department approval of the project scope and budget at the time appropriation authority becomes availab e. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this. project is in multiple fiscal years, funds approval from the Department's Comptrolier must be received each fiscal year prior to wsts being if1curred. See Exhibit 8 for funding Jeve!s by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notífy the Agency. in writing, when funds are available. 3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339. 135(6){a). Florida Statutes. are hereby incorporated: 'The department, during any fIScal year, shall not expend money, íncurany liabüity, or enter into any contract which, by Its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verba! or written, made in violation of this subsection. is nult and void, and no money may be paid On such contract The department shaH require a statement from the oomptroHer of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shail be executory only fur the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shalJ be incorporated verbatim in alÍ contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.08 Notice to Proceed: No cost may be incurred under this contract until1he Agency has received a Notice to Proceed from the Department 3.01 Limits on Federal Participation: Federal-aid funds shaU not participate in any cost which is not incl¡rred in conformity with applicable federal and state. law, the regulations in 23 C.F.R. and 49 CFR.,ahd policies and procedures prescribed by the Division Admlnistrator of the Federal Highway Administration (FHWA). Federal funds shall net be paid on acco!,Jnt of any cost incurred prior to authorization by the FHWA to the Department to proceed with the prc1ect or part ìhereof involving such cost (23 CFR 1.9 (8)). 11 FHWA orthe Department determines that any amount claimed is not eligible, federal participation may be approved in the amount deterrnined to be adequately supported, the Department shall notify the Agency in writing citing the reasons why ¡terns and amounts are not eligib!e for Federal parlicìpatJorL Where correctable nO!1^compliance with provisions of law or FHWA requirements exists, federal funds may be withheld until compliance is obtained. \Nhere non-compliance is not correctable, FHWA or the Department may deny participation in parcel or prCijectcosts in part or in totaL Agenda Item No. 1685 January 11 2005 Page 6:ß~ PROJ Mar. RE!ŒARt:.1i ! DEvore O'¡C·111P3 P¡¡oe 9' cl1~ For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the AgencyshaU promptly reimburse the DepartmentforaU such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedu¡e~ Prior to the execution of this Agreement, a project schedule of funding, shaH be prepared by the Agency and approved by the Department The Agency shan maintain saÎd schedule of funding, carry out the project and shaH incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revÎsed by mutual wntten agreement between the Department and the Agency. If revised, a copy oUhe revÎsíonshould be forwarded to the Department's Comptroller and to the Department's Federal-Aid Program Office, No increase or decrease shalt be effective unless it complies with fund participation requirements established in Exhibit "13" of this Agreement and is approved by the Department's Comptroller. 5.00 Record$;: . 5.01 Establishment and Maintenance of Accounting Records: Records of costs ¡!')Curred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the þeriod of this Agreement and fOT five(5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request Records of costs incurred includes the Agency's general accounting records and the project records, together with supporting documents and records, of the Agency and all subcontractors performing work on the project and aU otier records onlle Agency and subcontractors considered necessary by the Department for is proper audit of costs. If any litigation, claim, or audit is started before the expiration of the flve(5) year period, the records shall be retained until alllitígation,claîms, or audit findings involving the records have been resolved. 5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eHgîbJe costs of the project, Costs in e)(cess of the latest approved schedule of funding or attributable to actions which have oot received the reqUired approval oHMe Department shan not þe considered eligible costs. $.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shaH be supported by properly executed payrolls, time records, invoices, contracts Of vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of Federal and State funds. are to have audits done annuallv using the following. criteria.: Federa! awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. State awards will be identified using t11e Catalog of State Fìnancla! As.sistance (CSFA) title and number, award number and year, and name of the awarding State Agency, In the event that a recipient expends $300,000 or more in federal awards in its fiscal year, the recipient must have a single Of program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circutar Ä-133. If a recipîent expends less than $300,000 in federal awards during its fiscal .year, an audit conducted in accordance with the OMS Circular A-133 is not required. If a recipient expends less than $300,000 ¡nfederal awards <:luring fts fiscal year and ejects to have an audit conducted in accordance wIth OMS Circular A-133, the cost ofthe audit must be paid from non-federal funds. Reporting Packages and management letters generated from audits conducted in accordance with OMS Circular A-133 shaU be submitted to the awarding FOOT office, by the reciþient. within 30 days of receiving it. Th~ aforementioned items are to be re<;eived by the appropríate FDOT office no Jater than 9 months after the end of the recípient'.sfiscaf year. Agenda Item No. 16B5 January 11 , 2:ßí3Ii...;o PROJ MG'. ;ij~cfi¡ DÍ~FC o~c " 1~lro Þ_40~ 12 The recipient shall fonow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findìngs, including corrective action and current status of the audit finding is requJred. Current year audit findings require corrective action and status of finding, Records reiated to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or tt.e dispute ìs resolved. Access to project records and audit work papers shall be given to the FOOT, the Comptroller. and the Office of the Auditor GeneraL The recipient shall submit required audit documentation éls follows: A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A-133 shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 1 Qth Street Jeffersoo< IN 47132 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representat;\feS and authorized agents of the Federa! Highway Administration to inspect all work, workrnanship, materials, payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project The Department reserves the ríght to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, fetters or other materia! subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. (Section 287<058(1)(c), Florida Statutes} 5.06 Uniform Relocation Assistance and Real Property Statistical Report; For any project requiring addWonal right of way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the rom1at prescribed in 49 CFR 24, Appendix B and be submitted to the Department no later than October 15 each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287û58{1 )(a), Florida Statutes) AU recipients of funds from this agreement, including those contracted by the Agel1cy, must submit bm$ for any travel expenses, when authorized by the terms of this agreement, in accordance wIth Section 112061 Florida Statutes and Chap1er 3-Travel oftha Department's Disbursement Operations Manual, Topic 350-030-400. (Section 287,058(1}(b), FJonda Statutes) If, after project completion, any claim ¡s made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or servIces done under any agreement which il has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (!30ì days to the Department. OffsettJng any amount pursuant to this section shall not be considered a breach of contract bv the Department. Agenda Item No. 1685 January 11, 2005 Page 8 61fs,DGi-40 MOJ /oIGT. i'lE$ëARC,1 " ¡;){;\I OFC oc;c . HI!)$ Þ_6"r12 1.00 The Department's ObUgatfons: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to enspre the carryingou1 of the project and payment of the elígible costs. However, not...vithstanding any other provision of this Agreement, the Department may elect, by notice in writing, not to make a payment if; 1.01 Misrepresentation: The Agency shalf have made misrepresentation of a material nature in its appHcation, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 1.02 Litigation: There is then pending!itigatiol1 with respect to the perfonnance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, this Agreemerrt or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this Agreement, requires the approval of the Department or has made related e:xpendjtureor incurred relatedoblìgations without having been advised by the Depar1ment that same are approved; 1.04 Conflict: of Interests: There has been any violaHon of the confiìct of interest provisÎons contained herein in 12.06; or 7.05 Default:; The Agency has been determìned by the Department to be In default under any of the provisions of the AQreement. 7.06 Federal Participation: The Department may suspend or termirïate payment for that portion of the project which the F'HWA, or the Department acting in lieu of the FHWA, may designate as ineligible for federal-aid. 1.07 Disallowed Costs: In dE!term¡ning the amount of the payment. the Department will exclude aU project costs incurred by the Agency prior to the effectJve date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement costs wò[chare not provided for io the latest approved schedule of funding for the project, and costs attributable to goods or selVices received under a contract or other arrangements which have not been approved in writing by the Department 7.08 Fìnallnvoices: The Agency must submit the fins] invoice on the project to the Department within one hundred twenty (120) days after the completion of the project Invoices submitted after the one hundred twenty (120) day tíme period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by wrìtten notice to the Agency, suspend any or an of its obligations under thts Agreement ¡loti! such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of fa) immediately terminating this Agreement or (b) suspendìng this Agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specìfied time, otherwise the Agreement wiU be terminated at the end of such time. Suspension of the contract will not affect the time period for completion of this Agreement. Iftns Departrnent requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Departmént shall notify the Agency of such termination, with Instructions as to the effecfíve date of termination or specify the stage of work at which this Agreemant Îs terminated If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed, Payment is to been the basis of substantiated costs. 8.02 Action Subsequent to Nötice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptiy to carry out the actions required therein wrlich may include any or all of the following: ,tal necessarý action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the fil,ancing is to be computed; {b) furnish a statement of the project activities and contracts, and other undertakIngs the cost of which are otherwise ìncludable as project costs, The termination or suspension shaH be carried out in conformity wìth the latestscheôule, plan, and costs approved by the Department or upon the basis of terms and cond1tícns Agenda Item No. 16B5 January 11, ?'-Q.Q~G ?RúJMG,.,ªii1ík~ ~~~"C aGe . ~. 'rro.a Pàit'Q5af~2 imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal f1nanc¡a! participation in the project shall not constitute a waiver of any claim which the Department may otherwise hal/eansing out of this Agreement. 9.00 Contracts of the Agency: 9.01 Third Party Agreements~ Except as otherwise authoriZed in writing by the Department, the Agency shal! not execute any contract or obJigate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments tl1ereto, with any third party with respect to the project wìthout the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. . ..~. 9.02 Compliance with Consultants' Competitive Negotiation Act: It ¡s understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract fOr engineering, architecture or surveying services, is contingent on the Agency complying in fun with provisions of Section 281.055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all projects. In aU cases, the Agency's attorney shaU certify to the Department that selection has been accomplished In compHance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R. Pari 26, as amended, shaH have the opportuníty to participate in the performance of contracts financed in whole Qf in part with Department funds under this Agreement The DBE requirements of applicable federal and state regulations apply to this AQreement. 10.02 DSE Otiligation: The Agency and its contractors agree to ensure that Discadvantaged Business Enterprises as defined in applicable federal and state regulations. have the opportunit)/ to participate in the performance of contracts and this A.greement In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex În the award and performance of Department assÎsted contracts. 10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a part of this project, the Agency must comply with applicable federal and state regulations. 11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all federaJ~aid contracts - 49 CFR 29) By sîgningand submitting this Agreement, the Agency is providing the certification set out below: The inability of the Agency to provide the certification set out below wìll not necessarily result in denial Df participation in this covered transaction. The Agency shall submIt an explanation of why it cannot provide the certification set out below The certification or explanation wiU be considered in connection with the Departrnent's detennination wllether to enter into this transactíon. However, failure of the Agency to furnish a certification or an explanation shaH disqualify the Ager¡c:y iTom particìpat¡on in this transaction. The certification in this clause is a material representation of fact upon which re)jance was placed when the Department determined to enter into thIs transaction, If it is later determined that the Agency knowingly rendered an erroneous certification, in addition to other remedies available, the Department may terminate this transaction for cause of defauit The Agency shall provide immediate "witten notice to the Department if any time the A.gency jearns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered "debarred:' "suspended: ineligible," "lower tier covered transaction." ·particlpant," "person," primary covered transaction," "principal," ~proposa]." and "voluntarily excluded." as used in this c1ause. have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a copy of those regu!atîons. ~.i.": !- Agenda Item No. 1685 January 11 , 2005 Page 1 0 if1ÂiQ;....ö PRO; MGT, R~S¡:;"'RCHII OEV OFC: OOC~· 1\;'03 Pa!ll' J of :z The Agency further agrees by executing this Agreement that it shal1 not knowingly enter into any contracts with a person who Îs debarred, sospended. declared ineligible, or voluntarily exoluded from participation in this covered transaction, unless authorized by the Department. The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibilíty and Voluntary Ex.c usion-Lower Tier Covered TransactJon,' provided by the Department, without modification, in all contracts and in all söHcitations fOf contracts. The Agency may rely upon a certification of a prospective sub-contractor that the person or entjtyis not debarred, suspended, ineligIble, or voluntarily ðxctudedfrom the covered transaction, unless it knows that the certification is erroneous. The Agency may decide the method and frequency by which it .determines the eligibilítyof its sub-contractors. The Agency may, but is not required to, check the nonprocurement portion of the· Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs' (Nonprocurement List) which is complied by the General Services Administration Nothing· contained In the foregoing shal! be construed to require establishment of a system of records in ,order to render in good faith the certification required by this clause. The knowledge and information of the Agency is not required to exceed that which is normally processed by a prudent person in tl'1e ordinary course of business dealings. Unless authorized by the Department, if the Agency knowingly enters into a contract with a perSon who is suspended, debarred, ineligible., or \loluntanlyexcluded from participatíon in this transact10n, in addition to other remedies available, the Department may t~rmiliåte this agreement for cause or default. Certification Rßgarding Debarment, Suspension. IneUgibmty and Voluntary Exclusion: The Agency .certifies, by execution of this Agreement, that neither it nor its principals is preseoU)' debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the Agency is unable to certify to any of the statements above, an s>:planation shall be attached to this proposaL 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions; 12.0.1 Equal Employment Opportunity; !n connection with the performance of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, relígion, eoior, sex, national origin, disability or marital status. The Agency wiU take affIrmative action to ensure that applicants are emplo~,..ðd and that employees are treated during employment without regard to their raçe, age, (eligion, color, gender. national origin, disability or marital status. Such action shan include, but not be limited to, the following: employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor otner forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision ¡nail contracts modified only to show the particular contractual relationship in aU its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractor~ to insert a similar provision ¡nail subC".ontracts, except subcontracts for standard commercial supplies or raw materials. VVhen the project jnvotves installation, construction, demolition, removal.. site improvement, or similar wórk, the Agency shaH post, in conspicuous places available to employees and appHcant$for employment for project work, notices to be provìòed by the Department setting forth the provisions of the nondiscrimination dause. 12.02 Title VI - Civil Rights Act of 1964: The Agency wil! comply with an the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C 2000d), the Regulations of the Federal Department of Transport.ation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shell Include provisions in aU contracts with third patties that ensure compliance with TitJe VI of the CM! Rights Act of 1964. 49 C. F. R., Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency win comply with all the requirements as imposed by the ADA the regulations of the federal, government issued thereunder, and assurance by the Agency pursuant thereto. Agenda Item No. 16B5 January 11, 2005 Page 11!Qí.ø~ f'ROJ I.tGl. RESEARCH!. DEV OFC eGe·11/ID ?_ e cì 12 12.04 Public Entity Crime: A peJ"$on or affHiate who has heM placed on the convicted vendor I1st following a conviction for a public: entity crime may not submit a bid on a contract to provide any goods or services to a publìc entity, may not submit acid on a contract with a public entity for the construction or repair of a PUblic building or public work, may not submit bids on leases of real property to a publiç entity; mé3Y not be awarded or perform work as a contractor, supplier, sUbcontractor, or consultant under a contract with any þublic entity; and may not transact business with any public entity in excess of the threshold amount provided In Section 287.017, Fiorida Statutes for CATEGORY T\NO for a period of 36 months from the date of being placed on the convicte£l vendor list. 12.05 Discrimination: In accordance with Section 287.134, F!orida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List. maintained by the Florida Department of Management Services, may not submita bid on a contract to provide goods or services to a public entity; may not subm!t a bid on a contract with a public entity for the construction or repair of a pubJic building or public work: may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, suppHer, subcontractor. or consultant under a contract with any pub!íc entity; and may not transact business with any publìc entity, 12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors, shaH enter into any contract, subcontract, Of arrangement in connection with the project Or any property included or planned to be included in the project in which any member, officer, or employee of the Agency or the Jocafity during his tenure,or for two years thereafter, has any interest. direct or indirect. If any such present or fermer member, officer, or employee rnvo untarily acqujres or had acquired any such interest prior to the beginning of his tenure, and if such interest isimmed¡ately disclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contaIned in this subsection, provided, that any such present member, officer or employee shall not parti~¡pate in any action by the Agency or the loca!ity relating to such contract, subcontract, or arrangement. The Agency shal! insert in all contracts entered into in connection with the project or any property included or planned to be inciuded in any project, and shaH reqUIre its contractors to insert in each of it's subcontracts. the fo!Jowing provision: "No member, officer or employee of the Agency or of the !ocality during his tenure, or for two years thereafter, shaH have any interest. direct or indirect. in this contract or the proceeds thereof," The provisions of this subsection shall not be applicable to any agreement betvveen the Agency and its fiScal depositoríes, or to any agreement for utilityservïœs the rates for which are fixed or controlled bya govemmental agency. 12.01 Interest of Members of or Delegate to, Congress: No member of or delegate to the Congress of the United States shaH be admitted to any share or part of the Agre€ment or any benefit arising therefrom. 13.00 Miscetlaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations and win reimburse the Department for any loss incurred in connection therewith. The Agency win be responsible for securing any app!ìcable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or Hable hereunder to any party other than the Agency, 13.03 When Rights and Remedies Not Waived: in no event shan the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any' breach of covenant or any default wh.ìch may then exist on the part of the Agency and Ihe making of such payment by the Department, while any such breach or default shall exist, shaH in no way impair or prejudice any right or remedy available to the Department wìth respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Heldlnvalíd: If any provision of this Agreement is held invalid. the remainder of this Agreement shaU not be affecled, In such an instance the remainder would then continue to conform to tile terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement. the Agency represents that it has not paid and, also, agrees pot to pay, any bonus or COmmlS$lon forthe purpose of obtaining an approval of ìts applicaUon fDr the financing hereunder Agenda Item No. 1685 January 11 , ~g§.4I) I>ROJ MGT.~~!~¡eg~?gH~ OGC· j V03 Þaj¡e 9 <1112 13.06 State Law: Nothing in thee Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law, proVided, that if any of the provisions oftha Agreement violate any applicable state law, the Agency wW at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to tne end that the Agency may proceed as soon as possible with the project. 13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hofd harmless. the Departrnentand stlits offiCér$, agents and employees from any ciaim, IDSS, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the performance of the Agreement except that neither the Agency, its officers, agents or its employees win be liable under this paragraph for any claim. loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Department or any of its officers, agents or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Qepartment willimmedíately fOM'ard the claim to the Agency. The Agency and the Department wí/l evaluate the claim and report their findings to each other within 14 working days and wIll jointly discuss options in defending the claim After reviewmg the claim, the Department wll1 determine whether to require the participation of the Agency in the defense of the claim or to reqt.Jíre the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notîfy the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the Agency will each pay its own expenses for the evaluation. settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial. that party is responsible for aU expenses at trial. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes, or any similar provision of law. 13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shan submit to the Department for approval aU appropriate pjans and specifications covering the project. The Department win review aU pJans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department wB! issue to the Agency written approval regarding the remainder of the project FaHure to obtain this written approval shall be suffioient cause for nonpayment by thé Department 1'3,09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify compliance with all appHcablé federal and state requirements. Cert1fiœtbn is required prÎor to advertisement for or so!ícitation of bids for construction of the project, including those projects for which no right of way is required, 13.10 Agency Certification: The Agency will certify in writing, prior to project clos8()ut, that the project was completed in accoroanœ with applicab!e plans and specifications, is in place on the Agency facility, that adequate title is in the Agency, and that the project is accepted by the Agency as sultab!efor the intended purpose. 13.11 Agr~ement Format: AI! words used herein in the singUiarform shall extend to and include the ph.lrat All words used in the pturêJ! form shall extend to and include the singular. All words iJsedín any gender shall exte(1d to and inch.¡¡je an genders. 13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed sha!lbe deemed to be an original, and suoh counterparts together shall constitute one in the same í nstnJment. 13.13 Restrictions on Lobbying: Federal: The Agency agrees that no federally appropriated fUfldshave been paid, ot will be paJd by or on behalf aftne Agency, toeny person for influencing or attempting to Influence any offìœr or employee of any federal agency, a member of Congre:ss an officer orempJoyee of Congress, or an emp¡oyee of a member of Congress in connection wíth the awarding of any federal contract, the making of any federal grant, the making of any federaJ loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, ¡:¡rant, loan. or cöc¡perat¡ve aQreement Agenda Item No. 16B5 January 11 , ~Qjï...w !'ROJ Mù-ß2§!1..Rt~ ~ctfC OGC - 1H~ P"\!,,1Q""2 If any funds other than federally appropriated funds have been paid by the Agency to any persOn for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection wìth this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disciosure Form to Report Lobbying," in accordance with its instructions. The Agency shaH require that the 1anguage of this section be included in the award documents for aU subawards at aU tiers (including subcontracts. subgrants, and contracts under grants, 10ans, and cooperatîve agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency< 13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System, constructed under tilts Agreement If the Agency constructs any improvement on Department right-of-way, the Agency @ will 0 wiU not maintain tt1e improvements made for their í.Jsefullife. 13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order, or contract specifies othervJise. The Department has twentý(20) days to deJiver a request for payment (voucher) to the Florida Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are reçeìved, inspected, and approved. If a payment is /lot avaHabJe within forty (40) days after receipt of the invoice and receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Sectlon 215.422(3)(b), Florida StaMes, wm be due and payable, in addition to the invoice amount to the Agency. Interest penarties of less than one dollar {51) will not be enforced unless the Agency requests payment. Invoices whiêh have to be retumed to an Agency because of Agency preparation errors will result in a delay in the payment The invoice payment requirements do not start until a properly completed invoice is provided to the Department A Vendor Ompudsman has been est3bJished within the Florida Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining tImely payment(s) from the Department The Vendor Ombudsman may be contacted at (850)410-9724 or by callíng the State Comptroller's HotHne at 1-800-848-3792. IN WITNESS WHEREOF. the parties have caused these presents to be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Title: Director of Transportation Deve!opment Title: soce Chairman or Designee Attest: TItle: Clerk Attest: : Title: Executive Secretary As to form: As to form: Attorney District Attorney See attached Encumbrance Form for date of funding approval by ComptrolJer. Agenda Item No. 1685 January 11 , 2005 Page 14~ ~ROJ MGT. RESEARCH.& OEV OFe cae ·11103 P&JíiOH of ., 2 FPN N0415586-1 EXHIBIT A Project Description ðnd Responsibilities Th¡se:xhìbit forms an integral part of that certain Reimbursement Agreement between the State öf Florìda. Department of Transportation and Collier County Dated PROJECT LOCA nON: SR 84 (Davis Blvd) from US 41 (Tamiami Trail) to Airport Pulling Road, The project 0 is @) is not on the National Highway System. The project @¡s 0 Is not on the State Highway System. PROJECT DESCRIPTION: Installation of roadway lighting alon9 both a¡de$ of SR 84 (Davis 6oulevard) with replacement of sidewalk from back of curb to Right of Way. SPECIAL CONSIDERATION BY AGENCY: See Attachment Page 1. SPECIAL CONSIDERATION BY DEPARTMENT: The Department shall reimburse the Agency, subject to funds availability, in the year programmed which is currently in FY 04J05 for the desjgn phase and in FY 07/08 for the constructìon phase. Agenda Item No. 1685 January 11, 2005 Page 15 Qt.a~,¡;; ¡,nACHMENT PAGEl Special COl\sidera1ìon by Agency,: All work to be conducted outside of the Department R¡ght~f-Way sha ¡ adhere to the 2002 Florida Greenboo1< standards, as amended, AII'work to be conducted within t)sparlment Right-oi-Way shall adh~re to the followif1íF (1) The FDOT standard speçjfjCðHOtIfor road and bridge construction, 2004 edition as amended, and (2) The FDOT rc.adway and trðffic design standard, 2004 edition as amended and design criteria from the PPM. 2003 ecEtjon as amended, For aU projects the fo!!owìng wi;¡ apply: a) Section 2.87.055, F.S. "Consultants Competitive Negonation Act" b) FOOT "Project DeveJopment and Environmental Manua:," where appfìc.able c) The local Agency Program Manual The Agency will inform ¡he Department in writing of the commencement and completion of the prQjt:!ct Upon completion of the project. t:I1é Department wì!l have forty-fivE¡ (45) days after receipt of the Agency's invoice to review, inspect and approve ¡he project tor payment The Department shan reimburse the Agency, sUbject to funds availabHity, in the year programmed which is currently in FY 04/05 for the deSIgn phase and in FY 07 i08 forthe construction phase. Agenda Item No. 1685 January 11, 2005 Page 1 E1'~1æa PRO] 11<1$1, ReSfA¡~CH I:. [}!"N {¡FC· OGe· n~ PM\fG 12 '0.1 12 AGENCY NAME & SllUNGADDRESS Collier County 2671 Airport Road Naples, Fl 34112 "'PH, NO. ;;:i.'tÀ'f.' t~F(M:\W<ØP:<~t.m;TO(' :"~1(I'¡1lDtI LOCAL A,C;r¡NCY PROGRAM ¡"GREEMENT EXHIBIT #6" SCHEDULE OF FUND1NG 415566-1 I PROJeCT OE$CR.IPTION Name SR 84 (Davis Blvd) from US 41 (Tamiami Trait) to Airport Pu j!1g Rd. Termini instaUatiol'1 of roadway lighting Lung! '; Approx. 5300 If. ... I FUNt>ING PJ (21 1:3,1 TOTAL AG1:t1CY STATE!. TYPE OF WORK bit FltQal Year PROJECT FUNDS FUNDS ¡:;~"'L FiftlDS -- PeE. 2OO:>-::W!)4 $0.00 $0.00 200"Z()I)$ $63.20000 &11:\.2:00,00 I :1OOS-2006 ! Tol3I PE $63,200.0Q $Ö.OO S6:U:OO,OO ¡ fUght-of~Way 2003-2004 ¡ I ~·20C5 2COS.j:OOO 'mal RicÌ'lH,f·Wav CO$f $0.00 $0.00 SO,QO ~n&tructlon 2(1)3.200II $1)00 $(1.00 2<J04·;W(lS --...--,,,,,,.---,-< :WOS-.20¢¡¡ lOOS·2DO? '007 !;IQOa $6:!z.m:¡a,O(! Si532,OOO.OO T orm CC'nln>d Cot«; - SG32.M1:U¡O $O.OÜ :sõ32.0Qù.OO COIl,.1ru",oor. En¡¡ìOéering and InspèctíJ'n ! j 2003--20-0.4 $nOG $0.<>0 2004..20.05 2JJJ5-2000 :so.on ISO.OQ $«,00 Tollil Con¡;t,'1)(;'.,ìoo Ei'lgi!'!e9fÌl10 iut.BJCot!l>tlUct!on Gost $632.000,00 $() ,()O $1$32.000,00 ¡ '''''- ESTIMATED TOT AI.. COST OF THE $695,200.00 $0.00 $695,200.00 PROJECT I L 11>ø thlpartmøm'a fisc#! year h991nllOl\ JUly 1. For this project, fund ¡ ¡are not p"o ectod to \)(I. 'II\løUab ø until tlfttlr Tne Dapanmentwm flotny tII~ Agtnt:y, ill wrilin.g, whJìm fUflde ete available. ,Ial,/ 1$1"0:;11 fiser-III yaar. .Curremly, funds W'c avaìlable for the Preliminary Et1gìn~rìt1g activities only. A Writ1en Notice To Proceed wm be issued to the Ag:ency when additional funds bcwt1'lc avnilabJc for additional phases. The Agency mus.t notií)' tile Department upon project completion and prior to invoicing the Department for reimbursement ~ Agenda Item No. 1685 January 11, 2005 Page 17 ICf..øßAG ?þ.OJ. MGr. RESEÞJfCHK DEV OFe OG¡;~ t-'fC3 EXHIBIT RL Roadway Lighting Maintenance Agreement L a. The Agency shall, at its soje cost and expense, maintain the existing or about to be ìnstal!ed Roadway Lighting System throughout its expected useful life unless and until this Exhibit is superceded by a State Highway Maintenance and Compensation ,Agreément. b. In mamtainlng the Roadway Lighting System, the Agency shall perform all activities necessary to keep the Roadway Lighting System fully and properly functioning, wìth a minimum of 90% tights burning for any líghting type (ex, high mast, standard, underdeck, sign) or roadway system at aU times fortheir norma! expected useful . life in accordance with the original design thereof, whether necessrtated by normal wear and tear, accidental or intentional damage, or acts of nature. Said maintenance shall include. but shaiJ not be limiteà to, providing electrical power and paying all charges assocjated therewí1h, routine inspection and testing, preventative maintenance, emergency maintenance. replacement of any component parts of the Facilities (ìnc1uding the poles and any and aU other component parts instaUed as part of the Facilities), and the locating {both vertic;aUy and horizontally) of the FacíHtíes as may be necessary. C. All mair'itel'lânce shall be in accordance with the provisions of the (cHowing: (1) "Manual of Uniform Traffic Control Devices"; and (2) All otherapp[icable local, State or Federa1laws, rules resolution or ordinances and Department procedures. ::. Re~ord Keeping The Agency shall keep records of all activities performed pursuant to this Exhibit. The reGards shall be kept ili such format as is approved by the Department 4, Default In the event that the Agency breaches any of the provisions above, then in addition to any other remedies which are otherwise provided for in this Agreement, the Department may exercise one or more of the following options, provided that at no time shall the Department be enUtled to receive double recovery of damages: a. Pursue a claìm for damages suffered by the Department or the public.. b. Pursue any otner remedies iegaHy available. c. As to any work 110t performed by the Agency, perform any work with its own forc.es or through contractors and seek reimbursement for the cost thereof from the Agency if the Agency fails to cure the non-performance within 14 calendar days after written noticed from the Department. however that advance notice and cure shall not be preconditions in the event of an emergency. ...----._~---~ -..... Agenda Item No. 1685 January 11, 2005 Page 18 at~~..w 1'1<0; MGT, RESEARCH" ¡;¡¡;V OFt. OGC·i1fû2 EXHIBn RL Roadway lighting Maintenance AgreÐment 5, Force Majeure Neither the Agency nor the Department shall be liable to the other for any failure to perfOrm under this Exhibit to the extent $uch performance is prevented by an act of God, war. riots, natura! catastrophe or other event beyond the control of the non~performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a)promptly notifIed the other party of the occurrence and its estimate duration. (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible, 6, Miscellaneous e, The parties I.mderstand and agree that the Department has manuals and written poHcíes and procedures which shaH be applicable at the time of the project and the relocation of the facilities and except that the Agency and the Department may have entered into joint agreements for utility work to be performed by a contractoL To the extent fhatsuch a joint agreement exists. this Exhibit shall not apply to facilities covered by the joint agreement. Copies of Department manuals, policies, and procedures wm be provided to the Agency upon request b. Time is of the essence in the performance of all obHgations underthis Exhibit. ......_----_._-,.,~-.,_._--,_.-,. . Agenda Item No.1 85 January 11, 2 05 RESOLUTION NO. 2005-___.___ Page 19 0 20 A RESOLUTION BY THE BOARD OF COUI\TTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE A LOCAL AGENCY PROJECT AGREEME!'>i'T WITH THE STATE OF FLORIDA DEPARTNIENT OF TRANSPORTATION, FOR THE INSTALLATION OF ROAD\VAY LIGHTING ON DAVIS BOL1...EVARD (SR 84) FROM US 41 TO AIRPORT-PULLING ROAD, AND REPLACEMENT OF SIDEW ALK. WHEREAS, the State of Florjda Department of Transport.1tiOlI (FDOT) has provided funding for the design and installation of roadway lighÜng on Davis Boulevard (SR 84) from US 4\ to Airport-Pulling Road; and WHEREAS, Co1lier County is the maintaining agency for roadway lighting on Davis Boulevard and has entered into an a¡''Teement with FpOT for maintenance of these improvemems; and WHEREAS. ¡he Collier Coumy Metropolitan Planning Organi7.ation has idcntjfied funding in the FDOT's 5-year Work Program for Fiscal Year 2004/2005 in the amount of $63.200 to be used for lighting design; and WHEREAS, the Colljer Coumy Metropolitan Planning Organization has identiiied fuading in the FDOT's 5-year Work Program for Fiscal Year 2007/2008 in the amount of $632,000 to be used for lighting construclÍon and replacement of sidewalk; and WHERF..AS, Comer County and FDOT bave agreed Ihat such enhancements can b';'1 be implemented by Collier CounlY with reimbursement from FDOT; and WHEREAS. FDOT is willing to enler info a Local Agency ProjecI AgreeITYênt ("Agreement") with CoHier COllmy wherein Collier Coumy wm do the work necessary to design. consmict and impkmcnt. by use of contractors and Colljer County staff, roadway lighting on Davis Boulevard. and FOOT will reimburse Collier County up to the sum of $695,200 upon completion of said work. A copy of Ihis Agreement is attached to this Resolution. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF C01JNTY COMMISSIONERS OF COLLIER COUI'.'TY, FLORIDA. THAT SECTION I: The Board of County Commissioners approves the Agreement and authorizes its Chairman to execute the A,gree!œnt. SECTION 2: The Collier County ClerK is hereby directed to forward a certified copy of this Reso!urion to the Florida Department of TmnsportalÌon. Bartow, Florida, along with three signed copies of the Agreement for execution by FDOT. SECTION 3: This Resolution shaH take effect immediately upon adoption. This Resolution adopted after motion, second, and majority vote favoring same. this _ day of .,2005, A'lî'ESi', DWIGHT E. BHOCK, Clerk BOARD OF COUNTY COMMISSiONERS COLLIER COUNTY. FLORIDA By: By: , Deputy CierI: . Chairm¡m Agenda Item No. 1685 January 11, 2005 Page 20 of 20 DAVIS BOULEVARD UGHlING SUMMARY 10/13/04 3:00 PM New Transportation Conference Room The meeting began at 3:15 p.m. Those in attendance were as follows (Diane Aagg was not present): Johnny Umbaugh, MPO Sharon Newman, Transportation Administration Barbara Chesney, Transportation Administration Pam Lulich, ATM . Bob Tipton, Transportation Operations John W. Miller, Transportation Operations Arron Blair, Bayshore/Gateway Triangle CRA Meeting highlights: · Mr. Limbaugh announced this project's payback by FDOT ($632,000) had been moved out to FY 2007/08 in their Draft Five Year Work Program. The county is advancing the project for construction in 2005/06. Design is scheduled for 2004/05. · Mr. Tipton reported that the LAP Agreement had been sent to FDOT, when received back, NTP can be given and the Design at a cost of $62,000 can begin. When the LAP Agreement is taken to the BeC, they will ask for the "payback" as part of the LAP Agreement (advancing construction funds $632,000). The lighting/sidewalk work is to be done within existing ROWand meets ADA requirements. Construction can start Oct. 2005. · Ms. Newman stated that she would budget construction out of gas tax for 2005/06. · Johnny will contact Michelle at FDOT to check LAP Agreement status. · The Design Consultant/Engineer to be used on this project for CCTO, is Tampa Bay Incorporated (TBI). Possibility exists of renegotiating man-hours if landscaping is to use same consultant. · Ms. Lulich discussed that there was limited right of way and that the street lights would be at the back. of the sidewalk. Through discussions with the CRA, they would prefer to plant street trees rather than incorporating a buffer as on Bayshore Drive. Pam mentioned that there are tree grates where brick pavers sit on top of the grate and these grates could be used to create a repetitive brick pattern for the streetlight location and the tree location. This would be similar to what has been done on US 41 North. It was discussed as a method of construction since the workmanship on US 41 looks patchy. FDOT has a performance specification for brick pavers on state roads. The specification used for brick pavers on Collier County roads is a driveway application with a 5"-6" aggregate base. Pam requested that Aaron request a scope of services from a landscape architect to do this additional work and coordinate the plans with John Miller. It would be simpler for the CRA handle this contract separately. The type of street tree was discussed and a Foxtail or smaller palm would be preferred because of the restricted space. · Mr. Tipton cautioned Pam to keep in mind that there were lots of utilities under the existing sidewalks when selecting trees for landscaping. He also noted that FDOT standard sidewalk requirements are 6'. Anything less will require a variance. · Mr. Blair stated that the CRA was to advance upgrade costs estimated at $ 200,000, will draft the Executive Summary, the project will be funded in phases as construction goes along (no lump sum of money). Anything above the allocated $62,000 for design and $632,000 for construction will be a CRA contribution to the project. A 3PA between the Bayshore CRA and Collier County will be needed. The meeting was adjourned at 3:40 p.m. "...-. EXECUTIVE SUMMARY Agenda Item No. 1686 January 11 , 2005 Page 1 of 14 Recommendation to award bid #05-3760 "Airport Pulling Road (Cougar Boulevard to Vanderbilt Beach Road), Orange Blossom (Airport Pulling Road to Yarberry Lane) Roadway Grounds Maintenance" to Commercial Land Maintenance, Inc. in the amount of $65,169.70. OBJECTIVE: Recommend awarding bid #05-3750 "Airport Pulling Road (Cougar Boulevard to Vanderbilt Beach Road), Orange Blossom (Airport Pulling Road to Yarberry Lane) Roadway Grounds Maintenance" to Commercial Land Maintenance, Inc. in the amount of $65,169.70. -~ CONSIDERATION: . '-1. On November 19, 2004, the Purchasing Department sent notices to 46 vendors for the landscaping and irrigation roadway grounds maintenance: Bid #05-3750 "Airport Pulling Road (Cougar Boulevard to Vanderbilt Beach Road), Orange Blossom (Airport Pulling Road to Yarberry Lane) Roadway Grounds Maintenance". 2. On December 2, 2004 at 10:30 a.m., a mandatory pre-bid meeting was held, at which time one prospective bidder attended. Questions were answered regarding the bidding documents for this project. There was one (1) addendum to the bid package. 3. On December 8,2004 at 10:00 a.m., non-mandatory pre-bid meeting was held to invite additional bidders. An addendum was issued to clarify issues regarding the bid document. 4. On December 14, 2004 at 2:30 p.m. two (2) bid packages were received and opened. Staff reviewed the unit pricing on the bid tab and Commercial Land Maintenance, Inc. submitted the lowest responsive bid. 5. The two (2) bids that were received are as follows: Base Bid a. Commercial Land Maintenance $48,269.70 b. Advanced Lawn & Landscape $62,522.30 Alternate" AU $33,800.00 $99,840.00 ~.:.~;.. ~~~.. Staff recommends awarding the contract to Commercial Land Maintenance for the base bid, and a modified Altemate "Au. Road and Bridge is presently maintaining the South Florida Water Management embankment located on the east side of Airport-Pulling Road. Alternate "A" in the amount of $33,800 provides for weekly mowing. The contract provides the ability to modify the frequency of the mowing service. Modifying the frequency of mowing the eastern right-of-way to bi-weekly, rather than weekly, will save $16,900 and will represent three times the current level of service that Road Maintenance has been able to provide with current resources. FISCAL IMPACT: The base bid amount of $48,269.70 is available in the MSTD General Fund (112) Landscape Projects under Airport Pulling Road Project # 620314. The funding for the modified Alternate "A" in the amount of $16,900 is ~ Agenda Item No. 1686 January 11, 2005 Executive Summary Page 2 of 14 Page 2 of 2 available in the MSTD General Fund (111) under Road Maintenance. A total of $65,169.70 is needed to award the contract to Commercial Land Maintenance. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board award Bid #05-3750 "Airport Pulling Road (Cougar Boulevard to Vanderbilt Beach Road), Orange Blossom (Airport Pulling Road to Yarberry Lane) Roadway Grounds Maintenance" to Commercial Land Maintenance, Inc. in the amount of $65,169.70, which includes the base bid, and modified Alternate "A", and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. Prepared by: Pamela J. Lulich, RLA, Project Manager, ATM Dept. ~- .- Item Number Item Summary Meeting Date Agenrja Item No. 16B6 January 11. 2.005 Page 3 of ·14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B6 Recommencta~¡on to Award bid t1l)5~3760 HAirport Pulling Rond lCougar Blvd to Vanderbilt Bt'!ach Road), Orange Blo5!'òorn (Airport Pul!in j to YarbelT)' Lane) Roadway Ground'!; Mainlfmancc" to Commercial Land Maintenance. Inc. in the amount 01 $65,169.7D 1/l-1í20D5 9:00:00 AM Prepared By Ptoject Manager 12i171:¿004 '1;56:15 PM P;1me-la J. Lulich TrunSlPQr1iol' s,f'rVict!5 D.:tteo i r.¡ffic Opt!Hl.tionsl A TM P;\\tne-Ia J.l.ulll.h PrDìeoc1 M¡¡n.aqer D<lte Appro'Yed By Tr.;nnportion Sflrvice~ Tr3ffj(; Op(lralionl!il ATM 12(11I'2Q041 ;$0 PM Approved By Sharon Newman Transportion 5erviçea Accounting Supervisor D"'. Transportation AdministratiQn 12/Z1t2004 6:5Q AM JohrJ VliE\t RO,lds. Maint""nanc<!\ $upÐril1teodnnt Date Approved By Tn.uuo'p<:IrtioI1 S"'rvice~ R(.Hld M;Jif t'!!l\arH::~ 12/21f2CJ04 8:50 AM Gloria Heuera Man<Jç elTlentiBudgil't Anaiy'St Dat~ Approved By lr.1f1Siþortion S(':rvir..cs; Tr.lnsþortat¡on Oþ~r<J.tions. 121221200411:19 AM Oi:.lne B. Flagg Date Approved By Ttan¡¡.portioo SetviC~5 fratne Operatiun$; and A!t Trans; Mm ¡~~ DirÐctor Traffic: OperatlorlSiI ATM 12!22t.2D041:14 PM Norm f.. r:ed~t, AICP Tran;¡tKJftahc)tl Di...ir.iQn AdrnirÜI>trator D;JH: Approved By lralJsportion 5erv¡~e!l TrUfl~pvrtatlQ(1 Selvkes Admin. 12iZ3JZC04 1 ",35 AM PurcIH¡$irlg/Generu~ 5.vcu Dir-cdm Oate Approved By Steve Carndl Administrative Servict:$ Puwht1.'!I;iní\ 12/231200411:40AM Brf'nda Brilhart PUrChA$ìng Ag~nt Dftte Approved By AdIJli,!istrativE! Sefvic:~s PUfchasllIg 12123120041 i :50 AM Pat It!hnharcl Exe<:wtive Secrubrll' D;i1e Approved By Transportation Services Transportation Servic(¡os Admi" 12/23/20()41:0-4 roM OMS Coordinator Admir.i5trsth;e Assistant t)¡¡te Approved By CO\!nty M3IU'9N's Of1iC".-e Offi(;~ of MõHliI9f!nlent 8. audgel 11i2312004 2:02 PM M¡uk I:Htduòon B~ld9e-1 Änalys! D"'. Approved By CO\ll1ty Manager' ,¡ Office 01fice of Management & Budget 12!23120U4 4:49 PM Michael Srl'1ykowski Managemerlt & Budget Director Date Approved By County Managr.~':s Office Office- of M,magcrnant &. Buclgat 12i27t:t.004 e:2" AM Jaln"s V. 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E;¡: Q ":e (j "'"0 OJ>-g 0 =>- .r:. 0 .g g, 2 IV ~ f! c: '¡:: ~ m 2 l-o""':>a.LL....::I-ft ~I-...I1- Agenda Item No. 1687 January 11, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve award of a construction contract with AP AC-Southeast, Inc. for intersection improvements in the amount of $544,565.20 on New Market Road at Charlotte Street, BID No. 05-3742. OBJECTIVE: To receive the Board of County Commissioners approval of a construction contract for intersection improvements on New Market Road at Charlotte Street. _ CONSIDERATIONS: The intersection of New Market Road and Charlotte Street is currently .. exPeriencing safety and operational deficiencies. The proposed improvements will improve the traffic flow at this intersection by adding eastbound right and left turn lanes on New Market Road, adding a westbound left turn lane on New Market Road, adding a northbound right turn lane on Charlotte Street, and providing new sidewalk and drainage improvements at the intersection. The bid was posted on November 4,2004 and 287 notices were mailed. On December 7, 2004, bids were received fÌ"Om six contractors as follows: AP AC Southeast, Ine Better Roads, Inc. Bonness, Inc. $544,565.20 $561,954.35 $579,727.05 Quality Enterprises, Inc. $605,458.69 Douglas N. Higgins, Inc $714,818.00 Ajax. Paving Industries, Inc. $775,492.15 The in-house cost estimate for this project was $578,000.00. - FISCAL IMPACT: Funds in the amount of $544,565.20 are available in the Transportation Supported Gas Tax Fund 313, Project 60016. Source of Funds are Gas Taxes GROWTH MANAGEMENT IMP ACT: There is no growth management impact resulting from this project. RECOMMENDATIONS: That the Board of County Commissioners approve award of construction contract with AP AC-Southeast, Inc. as referenced herein and authorize the Administrator to execute after County Attorney review and approval. PREPARED BY: Daniel G. Hall, P.E., Project Manager, T.E.&C.M --- Item Number "em summary Meeting Date Agcneja Item No. 1687 January 11. 2005 Page 2 of A COLLIER COUNTY BOARD DF COUNTY COMMISSIONERS 1687 R€commendatinn to approve aw~rd øf a c:ollstnJctio!1. cOlltrac.{ with APAC;'Soutneast, Il1c. for inlerser..\ID!1. improvements in the ammmt of $544,565.20 on New Market Road at Charlotte Street, BID No. 05-3742 1/11;2005 9:00:0D AM Prepared By Project Manager 12Jl1 12004 - O:Ut>:25 AM Dantel H:¡i! Tr;lrIllpOrUOI\ Serlliçp.s TF-eM Date Dale A. Bnthon, PÆ.. Onte Approved By Tr.nsportion Senríct::¡ Prinbpal PfDja<:! Manager Transportation Engineering and Construction '12.'211200411 :03 AM Barbara LaPi~rre Managernent!8udgct An¡¡¡y~t Dat~ Approved By Transportion 5r.'rvicèS Tran¡;porta1ìol1 Operations 1212'112004 '1:30 PM . Approved By Shuron Newman 'lriW$iþOrtioi'l 5NVlcP'fi ACco~!nting Supervis.or Da1e Trarl$þor!utlon Ädmlni!¡trJltil)tJ 1 :U2112004 ~:04 PM Rob.-.rt W. TiptDn. P,E. County lr"ffÎc OperAtions Engineer Di1t~ Approved By Tran_sportioß Services Traffic OperaUuns.1 ATM 1212112Q045;:54 PM Eugene Cajvert Prindpal Project M¡\nager Date Approved By Trl\naport,atiotH> SC!'fVict!s Tran'5portatian [ngín~rjng .mtl Construction Man~gement 12/22120047:22 AM Norm E. Fed~t, AtCP Tr;¡¡t1ßpoftatíon Division Adm¡rd&tr3tor Date Approved By 1'roul$portiot\ 5ervi<ees 1'r¡jr¡sportóltion SfJ:rvkt!'~ Adn\m. 12i22/2004 11 :15 AM Approved By Brenda Brilhart AdlYlinistrative Set\lit:ea Purchasing Agent O..te Purchasing 12123/2QO", 1:0012 PM Approved By Executj\l~ Se(; 'ehry D;Jìf! Pat Lehnh.ard TUlns.pott.aliot"t S~h'Ir.(!:¡; Trôlnßpoth.lion SN...ir.:~s Adml" 12!2.1120G4 2: 17 PM OMB Coordin..tM Arlmi!llr.tratì...n Aiuiliita-nl Oak Approved By County Mar..ag.er's Office Office of Management &. Budget 12/23/200.1 2:46 PM Budget An;alyst U.at:e Approved By Mark ls.acksol1 County Man"ger's Office Offic.e of Man",,~ml!'\nt & Budget 12f2~\J2004.t'.51 PM Mich;Jcl -Sn1ykOWfiki Managem~n! & Budge1 Director D:ate Approved By CIJunty Man.xgcr't; Office 01'fice of M,¡¡n3gernent & Budget 12/2.'1','20046:20 AM COUllty Manager Date Approved By J31MS V. Mudd Board of County Curnmis!õtonerti County Manager's OfficI!! 1 :¿i30/2004 '11 :44 AM ,.-. f'-.LO'<:t roo...... c.oOO ...-NC") 0"-- Q) Z"- 0) C1J E èQ.. Q)C1J _::J -c: roro "0 -., c: Q) 0) « '" ~ ~ 5 'N w~ 2:8 ON o· f5~ u..:~ .. Q¿~ ;¡ Q '. hI U ~~~~$ ï . 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U~~I!;; ~˧!i~~;¡ ~ 8 eili tJC::~~5~ b.3~¡¡~~ ~oeh· ':\!'-' ~ o '" ~ ~ --- · Agenda Item No. 1688 January 11, 2005 Page 1 of19 ~ EXECUTIVE SUMMARY Recommendation to approve Amendment No. 1 to Agreement No. C-13925 between the South Florida Water Management District (SFWMD) and Collier County OBJECTIVE: To obtain Board approval of Amendment No. 1 to Agreement No. C-13925 between the South Florida Water Management District and Collier County. CONSIDERATIONS: Collier County entered into Agreement No. C-13925 with SFWMD on December 26,2001 to provide design and construction services for a water control structure, a gated culvert, in conjunction with the Vanderbilt Beach Road widening project. The water control structure will be located in the CR951 canal at Vanderbilt Beach Road. Upon completion of construction, SFWMD will reimburse Collier County an amount not to exceed $200,000, based on actual construction costs. The agreement has an expiration date of December 25, 2004. In that the road project will commence construction in January, 2005, it is necessary to extend the agreement. Amendment No.1 extends the agreement to December 25,2007. - FISCAL IMP ACT: There is no fiscal impact associated with the extension of the agreement. GROWTH MANAGEMENT IMP ACT: There IS no growth management impact associated with the extension of the agreement. RECOMMENDATION: That the Board of County Commissioners approve Amendment No. 1 to Agreement No. C-13925 with SFWMD, and authorize the Chairman to sign the SFWMD amendment document. PREPARED BY: Allen R. Ruth, P.E., Senior Project Manager, TECM ,- ~-,--_.----- ..--..-...--...... ~'" ~- hem Number Item Summary MeetIng Dltl Agenda Item No. 1688 January 11. 2005 Þago 2 of 19 COLLIER COUNTY BOARD OF COUNTY COMMIS5IDNERS 16B6 Reçomm~mdation to approvo -Arnl!ndrrnmt No.1 to Agreeml'lnt No. Cw13925 belwÐÐn the Soutl, Flor1de Writer Management Di!lricL (SF'\NMO).øTld Collier Cour1h' 1/11/20059:00:00 AM Allen R. Ruth, Þ.E. 1:2/22120043:20:13 PM Prepared By Trllflsportion Sl!IrvJçe.$ Dot. S~nl )r projcret M...nilt~l!tr Transportation Engineering and CQnøtructinn Approved By Allen R. Ruth. P,E Tran.portion Services Dot. 5«tnlot Ptojer.1 Muna ¡œr Tranaponation Enginfl'aring ;and CQn5tructlon 12/22/2004 3:22 PM Eu".nl! Calv.t1 Prl"clp~1 PrDject Managor 0... Approved By Transportations Service, Tran.portelion Engil1eerinlll and COII&truction Mansgemerot 12'231200'& 1:52 AM Approved By Li.~ T aylar Tranllnnrt!on &!ltVl(:f'l5 Manlllgœmllftt.fBudgat AI\31Ylllt Dot. Tr.naport.tion Admlnl.trqrtlDn 1212]/200. 11:3fi AM Trønlf.port.1iDn Divlfllon Admjnia1r"'or flate! Approved By Norm E. Fr.det, AIC:P rran.portlon S.rvI<:IUI t"r.w. )orhltlon Servioes Admin. 12IZJI200.4 2:14 PM Date Approved By Kahley Ward AdlYliniatr.ttVe Servlc:.. Senior Þurchillllnlil "nd Contr.chi Agmnl PUl'cn..unll 12'23120-042:43 PM Io'LHc"...ingIGt!flet.1 Svcw Director Dot. Approved By Stllve C.nlell Admlnl.tr.tìve Servlçll8 P u rch ntn;- 12123120.04 3:1Q PM Pot Llllhnhiud ExecutlvfI 5ccrcrtary Dot. Approved By Tralllll >Ortøtlan Service.. lrollrpurtotlon Servh::-u Admin 12/2t111o.04 B:15 AM Approved By OMS Coordinator County Mal1l1ger'B Office Adrninlstrtrttva Anl.Cant 0... Ottiœ of M.nllglDment & Budget 1212~/2004 8:59 AM Managen..nt & Budget Director 0... Approved By Michnl Smykowlliki cQun1v M81\IIgttr'$ô Office! orr¡(;e 01 M:IInlllllemltot & Audnnt 121'31/200411:00 AM CDunty M.n.OtH D.tC! Approyed By Jam".. V, Mudd Board of County Co,nln!.llonefll County þ,AantlQer'. Office 1/412005 9:U2 AM · Agenda Item No. 1688 OR I (jr"A{?~~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT C-13925-AOl AMENDMENT NO. 01 TO AGREEMENT NO. C- 13925 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY This AMENDMENT NO. 01, entered into on , to that AGREEMENT dated December 26, 2001, btween "the Parties," the South Florida Water Management District (DISTRICT), and Collier County (COUNTY) WITNESSETH THAT: WHEREAS, the AGREEMENT may be amended with the prior written approval of the parties; and WHEREAS, the parties wish to amend the AGREEMENT in order to extend the period ofperfonnance and revise the Payment and Deliverables Schedule NOW THEREFORE, the DISTRICT and the COUNTY in consideration of the mutual benefits flowing from each to the other, do hereby agree as folJows: 1. The tenn of the AGREEMENT is hereby extended by Three (3) Years and the expiration date, as amended, is December 25,2007. This AMENDMENT NO. 01 shalJ be effective upon the date of execution by the parties. 2. This AMENDMENT NO. 01 shall be at no additional cost to the DISTRICT. 3. The Payment and Deliverable Schedule is also hereby revised in accordance with Exhibit "01 ", attached hereto and made a part of this AMENDMENT NO. 01. 4. AJI other terms and conditions of the AGREEMENT, as amended, remain unchanged. Amendment No. 01 to Agreement No. c· 13925 -- Page 1 of 2 8 Agenda Item No. 16B8 January 11 , 2005 Page4of19 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO. 01 on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: Frank Hayden, Procurement Director COLLIER COUNTY By: Title: Amendment No. 01 to Agreement No, C-13925 -- Page 2 of2 Agenda Item No. 1688 January 11, 2005 Page 5 of 19 EXHIBIT "Dl" PAYMENT AND DELIVERABLES SCHEDULE Task 1 2 3 4 Total 0.00 0.00 0.00 200,000.00 $200,000.00 Permit 1 The due date is expressed in months following the execution of this Agreement 2 The dollar amounts indicated are Lump Sum Amounts Page 1 of 1, Exhibit "Dl ", C-13925-AOI 8 Agenda .I.t~m N.Q. 16.8...8 .... O:!Þ .~ ',,,,oA, i - J!:~".wm~¡;.", SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT 2675 South Horseshoe Dr. Suite. 401 Naples, FL 34104 Project Manager: A. Nyankadau Korti Telephone No: (941) 214-5822 Fax No: (941) 774- 9370 Hereinafter referred to as: COUNTY PROJECT TITLE: V ANDERBIL T BEACH ROAD BRIDGE AND WATER CONTROL STRUCTIJRE THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS INTO TffiS AGREEMENT WITH: Na~: COLLIER COUNTY Address: This number must appear on all Invoices and Correspondence C-13925 MIWBE Goal: 0% COST SHARING INFORMA TION Total Project Cost: $ 200,000 COUNTY Contribution: $ 0.0 The following Exhibits are attached hereto and made a part of this AGREEMENT: IN WITNESS WHEREOF, the authorized representative hereby executes this AGREEMENT on this date, and accepts all Terms and Conditions under which it is issued. COLLIER COUNTY ~'1~1l' ~~ ...~ .. ~ r. ~ Accepted By: ~ ,:J . . "1j;S&~";'ùthorized Representative DWIGHT· E. BROCK Ð CL'ER/( k·~·~4(ÿ .~~~...., .' . .' IØYíIß~/ Exhibit "A" - Not Applicable Exhibit "B" - General Tenns and Conditions Exhibit "C" - Statement of Work Exhibit "D" - Payment and Deliverable Schedule Exhibit "E" - Not Applicable Exhibit "P" - Not Applicable Exhibit "G" - Not A licable TOTAL DISTRICT CONSIDERATION: $200,000.00 Multi-Year Funding (If Applicable) Fiscal Year: Fiscal Year: Fiscal Year: *Subject to District Governing Board Annual Budget Approval AGREEMENT TERM: 3 ears District Project Manager: Ananta Nath Telephone No: (941) 597-1505 Fax No. (941) 597-4987 SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: South Florida Water Management District 330] Gun Club ~oad West Palm Beach, Florida 33406 Attention: Procurement Division /¡i Title: Date: r. ¡ ,.'ì .f' ~.L/(.lk . f\,,;;;, }.~ tdr . Exhibit "H" Exhibit "I" Exhibit "J" Exhibit "K" Exhibit "L" Exhibit "M" Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable AGREEMENT TYPE: Not·to-Exceed Fiscal Year: Fiscal Year: Fiscal Year: EFFECTIVE DA TE: Last Date of Execution b the Parties District Contract Administrator: Gabriel Ocasio-Davila (561) 682-2181 Fax No.: (561) 682-6397 or (561) 681-6275 SUBMIT NOTICES TO THE COUNTY AT: COLLIER CNTY PUBLIC WORKS AND ENGINEERING 2675 South Horseshoe Dr. SlJÌ te 401 Naples. FL '34104 Attention: A. Nyankadau Korti Acce Date: ....-..,. PROCUJW.ŒNTftPR~:"···~:·;, /' ~,:-,.<~';>'/ ~- Date: (,i......~r ,-. j ;:.. I. .¡,. ,J.... .' _.4:~ -- 8 Agenda Item No. 1688 January 11, 2005 SOUTH FLORIDA WATER MANAGEMENT DISTRI~~ 7 of 19 EXlßBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 1 - STATEMENT OF WORK 1.1 The COUNTY shall, to the satisfaction of the DISTRICT, fully and timely perform all work items described in the "Statement of Work," attached hereto as Exhibit "C" and made a part of this AGREEMENT. 1.2 As part of the services to be provided by the COUNTY under this AGREEMENT, the COUNTY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, lab analytical examinations, scientific theories, data, reference materials, and research notes. The COUNTY shall also be required to substantia.te any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by the AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. ARTICLE 2 - COMPENSATION/ CONSIDERATION 2.1 The total consideration for all work required by the DISTRICT pursuant to this AGREEMENT shall not exceed the amount as indicated on Page 1 of this AGREEMENT. Such amount includes all expenses which the COUNTY may incur and therefore no additional consideration shall be authorized. 2.2 Notwithstanding the foregoing, the amount expended under this AGREEMENT shall be paid in accordance with, and subject to the multí-year funding allocaúons for each DISTRICT fiscaJ year indicated on Page 1 of this AGREEMENT. Funding for each applicable fiscal year of this AGREEMENT is subject to DISTRICT Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 2.3 The COUNTY assumes sole responsibility for all work which is perfonned pursuant to the Statement of Work, Exhibit "C". By providing funding hereunder, the DISTRICT does not make any warranty, guaranty, or any representation whatsoever regarding the cOITCCtnesS, accuracy, or reliability of any of the work performed hereunder. 2.4 The COUNTY by executing this AGREEMENT, certifies to truth-in-negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current at the time of contracting. The COUNTY agrees that the DISTRICT may adjust the consideration for this AGREEMENT to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete, or non-CUITent wage rates and other factual unit costs. The DISTRICT shall make any such adjustment within one (1) year following the expiration or termination of this AGREEMENT. . ARTICLE 3 - INVOICING AND PAYMENT 3.1 The COUNTY's invoices shall reference the DISTRICT's Contract Number and shall be sent to the DISTRICT's address specified on Page 1 of this AGREEMENT. The COUNTY shall not submit invoices to any other address at the DISTRICT. 3.2 The COUNTY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "D" and made a part of this AGREEMENT. In the event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting docwnentation to justify hours expended and expenses incurred within the not- to-exceed budget, including but not limited to, copies of approved timesheets, payment vouchers, expense reports, receipts and subcontractor invoices. Page 1 of 9, Exhibit "B" Contract File:\County.doc 10/04/01 · . 8 Agenda Item No. 1688 SOUTH FLORIDA WATER ~NAGEMENT DIST:m~~ ~ ~~~~ EXHIBIT liB ',' GENERAL TERMS AND CONDITIONS 3.3 The DISTRICT shall pay the full amount of the invoice within thirty (30) days following DISTRICT acceptance of services and/or deliverablc(s) required by this AGREEMENT. However, failure by the COUNTY to follow the foregoing instructions and submit acceptable services and or deliverables(s) may result in an unavoidable delay of payment by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the COUNTY prior to the commencement date of this AGREEMENT. ARTICLE 4· PROJECT MANAGEMENTI NOTICE .- 4.1 The parties shall direct all technical matters arising in connection with the performance of this AGREEMENT, other than invoices and notices. to the attention of the respective Project Managers specified on Page 1 of the AGREEMENT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. The COUNTY shan direct all administrative matters, including invoices and notices, to the attention of the DISTRICT's Contract Administrator specified on Page I of the AGREEMENT. All fonnal notices between the parties under this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective addresses specified on Page 1 of the AGREEMENT. The COUNTY shall also provide a copy of all notices to the DISTRICT's Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address, written notice of such new address shall promptly be sent to the other party. All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT's Contract Number specified on Page I of the AGREEMENT. ARTICLE 5 . INSURANCE 5.1 The COUNTY assumes any and all risks of personal injury. bodily injury and property damage attributable to the negligent acts or omissions of the COUNTY and the officers. employees, servants, and agents thereof. The COUNTY warrants and represents that it is self-funded for Worker's compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection being applicable to the COUNTY's officers, employees, servants and agents while acting within the scope of their employment during performance under this AGREEMENT. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remeðy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28. Florida Statutes. 5.2 In the event the COUNTY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DŒTRICT as an additional insured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY for work under this AGREEMENT shall include a provision whereby the COUNTY's subcontractor agrees to defend, indemnify, and pay on behalf, save and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subcontract. ARTICLE 6 - TERMINATIONIREMEDIES 6.1 If either party fails to fulfill its obligations under this AGREEMENT in a timely and proper manner, the other party shall have the right to terminate this AGREEMENT by giving written notice of any deficiency. The party in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, the non-defaulting party Page 2 of 9, Exhibit "B" Contract File: \County .doc 10/04/01 8 Agenda Item No. 1688 SOUTH FLORIDA W 1\ TER MANAGEMENT DISrliï~ ~ ~?~~ EXlDBIT liB" GENERAL TERMS AND CONDITIONS shall have the option to terminate this AGREEMENT at the expiration of the ten (10) day time period. Should the DISTRICT elect to terminate for default in accordance with this provision, the DISTRICT shall be entitled to recover reprocurement costs, in addition to all other remedies under law andlor equity. 6.2 The DISTRICT may tenninate this AGREEMENT with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the COUNTY. The performance of work under this AGREEMENT may be terminated by the DISTRICT in accordance with this clause in whole, or from time to time in part, whenever the DISTRICT shall determine that such termination is in the best interest of the DISTRICT. Any such termination snail be effected by delivery to the COUNTY of a Notice of Termination specifying the extent to which performance of work under the AGREEMENT is terminated, and the date upon which such termination becomes effective. In the event of termination for convenience, the DISTRICT shall compensate the COUNTY for all authorized and accepted deliverables completed through the date of termination in accordance with Exhibit "Cn. Statement of Work. The DISTRICT shaH be relieved of any and all future obligations hereunder. including but not limited to lost profits and consequential damages, under this AGREEMENT. The DISTRICT may withhold all payments to the COUNTY for such work until such time as the DISTRICT determines the exact amount due to the COUNTY. 6.3 If either party initiates legal action. including appeals, to enforce this AGREEMENT, the prevailing party shall be entitled to recover a reasonable attorney's fee. based upon the fair market value of the services provided. 6.4 In the event a dispute arises which the project managers cannot resolve between themselves, the parties shall have the option to subnùt to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties. The mediation process shall be confidential to the extent permitted by law. 6.5 The DISTRICT may order that all or part of the work stop if circwnstances dictate that this action is in the DISTRICT's best interest. Such circwnstances may include, but' are not limited to, unexpected technical developments, direction given by the DISTRICT's Governing Board, a condition of immediate danger to DISTRICT employees, or the possibility of damage to equipment or property. This provision shall not shift responsibility for loss or damage, including but not linùted to, lost profits or consequential damages sustained as a result of such delay, from the COUNTY to the DISTRICT. If this provision is invoked, the DISTRICT shall notify the COUNTY in writing to stop work as of a certain date and specify the reasons for the action, which shall not be arbitrary or capricious. The COUNTY shall then be obligated to suspend all work effons as of the effective date of the notice and until further written direction from the DISTRICT is received. Upon resumption of work, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "C", Statement of Work andlor the project schedule. 6.6 The DISTRICT anticipates a total project cost as indicated on Page I, with the balance of matching funds andlor in-kind services to be obtained from the COUNTY in the amount as specified on Page 1 of this AGREEMENT. In the event such COUNTY matching funding andlor in-kind services becomes unavailable. that shall be good and sufficient cause for the DISTRICT to terminate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENTION/ OWNERSHIP 7.1 The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights as follows: A. Maintenance of Records: The COUNTY shall maintain all financial and non-financial records Page 3 of9, Exhibit "B" Contract File:\County.doc 10/04/01 6) Agenda Item No. 16B8 ~r¡,µ9J:¥J 1 2005 SOUTH FLORIDA WATER MANAGE:tVIENT DISTKftQt'1åof19 EXIllBIT "B" GENERAL TERMS AND CONDITIONS and reports directly or indirectly related to the negotiation or perfonnance of this AGREEMENT including supporting docwnentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five years from completing performance and receiving final payment under this AGREEMENT. B. Exanùnation of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five years from the date of final payment under this AGREEMENT and upon reasonable notice, time and place. C. Extended Availability of Records for LeRal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from perfonnance under this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT. 7.2 The DISTRICT shall retain exclusive title, copyright and other proprietary rights in all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the COUNTY, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "C", Statement of Work (the "Work"). In consideration for the DISTRICT entering into this AGREEMENT, and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the COUNTY, the COUl'IfTY hereby assigns, transfers, sells and otherwise grants to the DISTRICT any and all rights it now has or may have in the Work (the "Grant"). This Grant shall be self-operative upon execution by the parties hereto, however the COUNTY agrees to execute and deliver to the DISTRICT any further assignments or other instruments necessary to evidence the Grant, without the payment of any additional consideration by the DISTRICT. The COUNTY may not disclose, use. license or sell any work developed, created, or otherwise originated hereunder to any third party whatsoever. This paragraph shall survive the termination or expiration of this AGREEMENT. 7.3 The COUNTY represents and warrants that proprietary software, if any, to be provided to the DISTRICT by the COUNTY hereunder, as specifically identified in Exhibit "C", Statement of Work shall have been developed solely by or for the COUNTY. or lawfully acquired under license from a third party, including the right to sublicense sucb software. The COUNTY shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the software. The COUNTY shall grant to the DISTRICT a perpetual. non-transferable, non-exclusive right to use the identified software without an additional fee. The DISTRICT acknowledges that title to the software identified in Exhibit "c" shall remain with the Licensor. 7.4 Any equipment purchased by the COUNTY with DISTRICT funding under this CONTRACT shall be returned and title transferred from the COUNTY to the DISTRICT immediately upon tennination or expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or termination. Equipment is hereby defined as any non-consumable items purchased by the DISTRICT with a value equal to or greater than $500.00 and with a normal expected life of one (I) year or more. The COUNTY will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition. less normal wear and tear. The COUNTY will use its best efforts to safeguard the equipment throughout the period of performance of this AGREEMENT. However the DISTRICT will not hold the COUNTY liable for loss or damage due to causes beyond the COUNTY's reasonable contro1. In the event of loss or damage, the COUNTY shall notify the DISTRICT in writing within five (5) working days of such occurrence. Page 4 of 9, Exhibit "B" Contract File:\County.doc 10/04/01 8 Agenda Item No. 16B8 ~~rx....11 2005 SOUTH FLORIDA WATER MANAGEMENT DISTKm1t'11 of 19 - . EXIllBIT "B" GENERAL TERMS AND CONDITIONS 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may pennit the COUNTY access to certain third party owned software on DISTRICT computer systems. The COUNTY acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such software to any third party. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal. state, and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. 8.2 The COUNTY hereby assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this AGREEMENT. The COUNTY shall take all measures necessary to effectuate these assurances. 8.3 The laws of the State of Florida shall govern all aspects of this AGREEMENT, In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.4 The COUNTY, by its execution of this AGREEMENT. acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is a convicted vendor or, if the COUNTY or any affiliate of the COUNTY has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed on the convicted vendor list. The COUNTY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate tenninalian by the DISTRICT, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133. Florida Statutes. The DISTRICT, in the event of such termination, shall not incur any liability to the COUNTY for any work or materials furnished. 8.5 The COUNTY shall be responsible and liable for the payment of all of its FICA/Social Security and other applicable taxes resulting from this AGREEMENT. 8.6 The COUNTY warrants that it has not employed or retained any person, other than a bona fide employee working solely for the COUNTY, to solicit or secure this AGREEMENT. Further the COUNTY warrants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the COUNTY, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this AGREEMENT. For breach of this provision, the DISTRICT may tenninate this AGREEMENT without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, gift, or other consideration. 8.7 The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes. the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the COUNTY, 8.7.1 Pursuant to Sections 1l9.07(3)(0), and 240.241 Florida Statutes, data processing software obtained by an agency under a license AGREEMENT which prohibits its disclosure and which software is a trade. secret, as defined in Sections 812.081(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law. However, the parties hereto agree that if a request is made of the DISTRICT, pursuant to Chapter 1l9, Page 5 of 9, Exhibit "B" Contract File:\County.doc 10/04/01 8 Agenda Item No. 1688 January 11, 2005 SOUTH FLORIDA WATER MANAGEMENT QISTR16J'12 of 19 EXmBIT "Bit GENERAL TERMS AND CONDITIONS Florida Statute, for public disclosure of proprietary property being licensed to the COUNTY (Licensee) hereunder, the DISTRICT shall advise the COUNTY (Licensee) of such request and, as between the DISTRICT and the COUNTY (Licensee), it shall be the COUNTY's (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same upon the Licensor to protect the Licensor's claimed exemption under the Statute. 8.8 Tbe COUNTY shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary private authorizations and permits, prior to the commencement of performance of this AGREEMENT. A delay in obtaining permits shaIl not give rise to a claim by the COUNTY for additional compensation. If the COUNTY is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this AGREEMENT, each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. 8.9 Pursuant to Section 216.347, F.S.. the COUNTY is prohibited from the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch, or another state agency. 8.10 The DISTRICT is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the goals and objectives of the agency. The work under this AGREEMENT involves a project consistent with these goals and objectives. Consequently, the DISTRICT is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its COUNTY. Therefore, as the DISTRICT'S COUNTY for this project, the COUNTY assures the DISTRICT that the COUNTY, its employees, subcontractors and assigns will refrain from acting adverse to the DISTRICT'S legitimate interest in promoting the goals and objectives of this project. The COUNTY agrees to take all reasonable measures necessary to effectuate these assurances. In the event the COUNTY determines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to immediately notify the DISTRICT. Upon such notification the DISTRICT, in its discretion, may terminate this AGREEMENT. ARTICLE 9 . RELATIONSHIP BETWEEN THE PARTIES 9.1 The COUNTY shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the perfonnance on tlùs AGREEMENT. Both parties are free to enter into contracts with other parties for similar services. 9.2 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of the COUNTY and the DISTRICT. No person or entity other than the COUNTY or the DISTRICT shall have any rights or privileges under this AGREEMENT in any capacity whatsoever, either as third-party beneficiary or otherwise. 9.3 The COUNTY shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this AGREEMENT without the prior written consent of the DISTRICT. Any attempted assignment in violation of this provision shall be void. 9.4 The COUNTY shall not pledge the DISTRICT's credit or make the DISTRICT a guarantor of payment or surety for any AGREEMENT, debt, obligation, judgement, lien, or any fonn of indebtedness. 9.5 The DISTRICT assumes no duty with regard to the supervision of the COUNTY and the COUNTY shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of AGREEMENT performance. ARTICLE 10 - M/WBE PARTICIPATION Page 6 of9, Exhibit "B" Contract File:\County .doc 10/04/01 · Agenda Item No. 1688 Ja~~ 1 2005 SOUTH FLORIDA WATER MANAGEMENT DISTRWI'13of19 EXHIBIT "B" GENERAL TERMS AND CONDITIONS 10.1 The COUNTY hereby acknowledges that no Minority and Women Business Enterprises (MIWBE) participation goal has been established for this AGREEMENT; however, both parties agree to provide the other advance notice of competitive contracts that may result from this AGREEMENT along with timelines for public notice and award of such contracts. In the event subsequent competitive contract awards do result in MfWBE participation, such participation shall be reported to the other party. Both the COUNTY and the DISTRICT will ensure compliance with the provisions of their respective program. laws, ordinances and policies and will support the other's initiatives to the extent allowed by law. ARTICLE 11 . YEAR 2000 COMPLIANCE In the event that the COUNTY's performance. as required by this AGREEMENT, involves the use andlor delivery of a software, firmware andlor hardware product of any kind, the following language in this Article 11 shan apply: 11.1 COUNTY represents and warrants that the software, firmware andlor hardware is designed to be used prior to, during, and after the calendar year 2000 A.D., and that the software, firmware andlor hardware will operate during each such time period without error relating to date data. specifically including any error relating to, or the product of, date data which represents or references multiple centuries. 11.2 Without limiting the generality of the foregoing. COUNTY further represents and warrants: 1) that the software. firmware andlor hardware wi\1 not abnormally end or provide invalid or incorrect results. of date data., specifical1y including date data which represents or references multiple centuries; 2) that the software. firmware andlor hardware has been designed to ensure Year 2000 Compliance, including, but not limited to, date data century recognition, calculations which accommodate same century and multiple century formulas and date values, and date data interface values that reflect the century; and 3} that the software, firmware andlor hardware includes Year 2000 Compliance. For the pmposes of this AGREEMENT, Year 2000 Compliance also means that the software, firmware andlor hardware will: (i) manage and manipulate data involving dates and leap year calculations. including single century formulas and multi-century formulas. and will not cause an abnormally ending scenario within the application or generate incorrect values or invalid results involving such dates; and (ii) provide that all date-related user interface functionalities and data fields include the indication of century. 11.3 Included as part of this Year 2000 Compliance Warranty, COUNTY shall provide to the DISTRICT, at no additional charge with. (i) fixes, corrections and updates to the software, firmware andlor hardware that are necessary to ensure Year 2000 Compliance as defined herein, and (ii) advice, consultation and assistance to use the software. firmware andlor hardware and diagnose and correct Year 2000 Compliance problems that may exist with either the software, firmware andlor hardware, (iii) and. if deemed necessary by the DISTRICT. replacement software, firmware andlor hardware which is compliant with this Year 2000 Compliance Warranty. 11.4 If this AGREEMENT involves the purchase andlor license and/or receipt of a software, firmware andlor hardware product of any kind previously developed by the COUNTY or other third party, and in the event fixes, corrections and updates of the software are not techlÙcally feasible, the COUNTY shall accept the return of the software, firmware andlor hardware if this Year 2000 Compliance Warranty is breached, and terminate any and all applicable Schedules andlor License Agreements. Further, the COUNTY shall refund to the DISTRICT the full amount of the License Fee actuaJly paid to the COUNTY for the software; and. in the case of hardware retum, the COUNTY shall refund to the DISTRICT the full amount of the hardware actually paid to the COUNTY by the DISTRICT. In addition to the foregoing, the Page 7 of 9. Exhibit "B" Contract File:\County.doc 10/04/01 · . (I Agenda Item No. 1688 SOUTH FLORIDA W A TERMANAGEMENT DISrlt~1~ ~~~~ EXIßBIT liB" GENERAL TERMS AND CONDITIONS ,- COUNTY shall refund to the DISTRICT all maintenance fees paid by the DISTRICT. if any. for on-going support. new software releases and product updates. All such refunds shaH be made to the DISTRICT. Notwithstanding any other provision in the AGREEMENT to the contrary. the DISTRICT hereby reserves al1 rights to obtain all remedies to the fullest extent of the law, without any limitation whatsoever, as may be determined by a court of competent jurisdiction (including damages and equitable relief). 11.5 The term Year 2000 Compliance Warranty shal1 mean, col1ectively, the warranties set forth herein. This Article 11, in its entirety. shall survive the expiration or termination of this AGREEMENT. ARTICLE 12 . GENERAL PROVISIONS 12.1 Notwithstanding any provIsIons of this AGREEMENT to the contrary. the parties shall not be held liable for any failure or delay in the perfonnance of this AGREEMENT that arises from flJ'es, floods, strikes, embargoes. acts of the public enemy, unusually severe weather. outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God. or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perfonn shall be excused during the continuance of such circumstances. but this AGREEMENT shaH otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this AGREEMENT specifies that performance' by COUNTY is specifically required during the occurrence of any of the events herein mentioned. 12.2 In the event any provIsions of this AGREEMENT shaH conflict, or appear to conflict, the AGREEMENT. including all exhibits. attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 12.3 Failures or waivers to insist on strict perfonnance of any covenant, condition, or provision of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from perfonning any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shan be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 12.4 Should any teJm or provIsIOn of this AGREEMENT be held, to any extent. invalid or unenforceable, as against any person, entity or circumstance during the tenn hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT. to the extent that the AGREEMENT shall remain operable. enforceable and in full force and effect to the extent permitted by law. 12.5 This AGREEMENT may be amended only with the written approval of the parties hereto. 12.6 This AGREEMENT states the entire under- standing and AGREEMENT between the parties and supersedes any and all written or oral representations. statements, negotiations. or contracts previously existing between the parties with respect to the subject matter of this AGREEMENT. The COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns. and successors in interest. ARTICLE 13 - SAFETY REQUIREMENTS 13.1 The COUNTY shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions. Page 8 of 9, Exhibit liB II Contract File:\County.doc 10/04/01 e Agenda Item No. 1688 SOUTH FLORIDA WATER MANAGEMENT DISTii~~115 ~?~~ EXHIBIT "B" GENERAL TERMS AND CONDITIONS 13.2 The COUNTY shall instruct employees required to handle or use toxic materials or other hannful substances regarding their safe handling and use, including instruction on the potential hazards, personal hygiene and required personal protective measures. A Material Safety Data Sheet (MSDS) shall be provided by the COUNTY to the DISTRICT on each chemical product used. 13.3 The COUNTY shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate federal, state, local or DISTRICT safety and health standards. 13.4 It is the COUNTY's sole duty to provide safe and healthful working conditions to its employees and those of the DISTRICT on and about the site of AGREEMENT performance. 13.5 The COUNTY shall initiate and maintain an accident prevention program which shall include, but shall not be limited to, establishing and supervising programs for the education and traiIÚng of employees in the recognition, avoidance, and prevention of unsafe conditions and acts. 13.6 The COUNTY shall erect and maintain, as required by existing conditions and performance of the AGREEMENT, reasonable safeguards for safety and protection, including posting of danger signs and other warnings, against hazards. 13.7 The COUNTY shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: .13.7.1 employees on the work and other persons who may be affected thereby; including pedestrians, visitors, or traveling public; 13.7.2 the work, materials, and equipment to be incorporated therein; whether in storage on or off the site, under care, custody or control of the COUNTY, or the COUNTY's subcontractors; and 13.7.3 other properties at the site or adjacent thereto; such as trees, shrubs, lawns, walks, utilities, pavement, roadways, structures, building, vehicles, and equipment not designated for removal, relocation or replacement in the course of work. 13.8 The COUNTY shall provide fIrst aid services and medical care to its employees. 13.9 The COUNTY shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the work site throughout the AGREEMENT. 13.10 Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the work; the COUNTY shall act, timely and with due diligence, to prevent threatened damage, injury, or loss. 13.11 Environmental: When the COUNTY, COUNTY's subcontractors, or subcontractors, use petroleum products, hazardous chemicals, or any other chemicals used on or about the site, the COUNTY shall be responsible for handling these chemical constituents in accordance with federal, state and local regulations during the terms of the AGREEMENT. For accidentaJ discharges or releases onto the floor, air, ground, surface waters, ground waters, it shall be the COUNTY's sole responsibility to respond immediately to clean the site, at his expense, to the complete satisfaction of federal, state, local regulatory agencies and to the DISTRICT requirements. 13.12 The DISTRICT may order the COUNTY to haIt operations under the AGREEMENT, at the COUNTY's expense, if a condition of immediate danger to the public and/or DISTRICT employees, equipment, or property exist. This provision shall !!.Q1 shift the responsibility or risk of loss for injuries or damage sustained from the COUNTY to the DISTRICT; and the COUNTY shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions of this section, and safety of all persons and property on or about the site. Page 9 of9, Exhibit "Boo Contract File:\County.doc 10/04/01 EXIDBIT "C" Agenda Item No. 1688 January 11, 2005 Page 16 of 19 . . STA TEMENT OF WORK V ANDERBIL T BEACH ROAD BRIDGE AND WATER CONTROL STRUCTURE Contract Number C-13925 BACKGROUND The District has an ongoing canal improvement plan for the CR 951 Canal. Collier County has an ongoing roadway improvement plan for Vanderbilt Beach Road. The District and the County shall provide in-kind services to relocate and replace the facilities noted in Table 1 to facilitate these ongoing projects. In addition, one water control structure will be constructed. SCOPE OF SERVICES Task 1 - Design ,- Collier County shall design and provide detailed construction plans and specifications for the relocation and replacement of all County owned facilities within the canal right of way identified in Table 1. The facilities shall be relocated and the canal excavated to the requirements noted in the HJH report prepared by Big Cypress Basin staff. In addition, a water control structure at the Vanderbilt Beach Road location wil1 be included. This structure shall be a gated culvert that meets the requirements outlined in the H/H report prepared by Big Cypress Basin staff. Design work shall be performed by a registered engineer, licensed in the State of Florida. Task 2 - Right of Way Occupancy Permit Collier County shall submit an application for a District Right of Way Occupancy Pennit for all County owned facilities within the canal right of way pursuant to Chapter 373.085, Florida Statutes. Collier County shall be responsible for the completeness of the application and provide such information as is reasonably necessary to complete the application. All County facilities must meet the District's Right of Way criteria as outlined in the Pennit Information Manual, Volume V, Criteria for Use of Works of the District (September 1999). If a waiver of District criteria is desired, Collier County shall submit an application for a waiver of District criteria and obtain approval from the District Governing Board. The District shall issue a right of way occupancy permit to Collier County within 90 days after receipt of a complete application which is in conformance with applicable District rules and criteria, and Collier County shall accept the permit with its limiting and special conditions. Special conditions are site specific, and cannot be furnished until the application is reviewed. District staff will recommend that any application processing fees be waived, however, final determination for such waiver must be made by the District Governing Board. Collier County shall be responsible for any fees associated with any future permit modifications. raJlc-13925sow.doc Page 1 of3 June 2S. 2001 EXHIBIT "C" Agenda Item No. 1688 January 11, 2005 Page 17 of 19 Task 3 - Environmental Permits Collier County shall make reasonable efforts to obtain necessary required state and federal permits, and local approvals, unless otherwise exempted by this agreement. Task 4 - Construction Collier County shall provide contract development and contract management services required for the construction of the Vanderbilt Beach Road bridge and water control structure. Services include, but are not limited to, construction management services and supervision, preparation of construction contract documents with detailed plans and specifications for the canal improvements, contract advertisement, bid evaluation and contract execution, supervision and administration of the construction contract for the approved capital improvements by an independent private contractor. Collier County shall award a construction contract in accordance with County Procurement policies and procedures approved by the Board of County Commissioners. Construction shall not commence until the County acquires all necessary permits from Task 2 and Task 3. Task 5 - Project Acceptance The District shall reimburse Collier County for actual construction costs of the water control structure, not to exceed $200,000. Actual construction costs shall be determined from the Contractor's Schedule of Values after contract award to the lowest responsible and responsive bidder. Payment will be made, and an invoice can be submitted to the District after substantial completion of the facilities. The County project manager shall verify in writing that the work for which the invoice is rendered has been completed. The County design engineer shall provide final certification that the work as described and outlined in this Statement of Work has been completed in accordance with the County construction contract documents and all claims relative to these projects are satisfied. The County shall provide whatever supporting documentation may be deemed necessary for the District Lo verify satisfactory completion, and to support the lump sum payment amount specified in Exhibit "D". raJ/c-13925sow.doc Page 2 of3 June 25. 2(0) EXHIB IT "C" Agenda Item No. 16B8 January 11, 2005 Page 18 of 19 , . Table 1 Collier County Facilities within or near the CR 951 Canal Right of Way District Facility Permit Status Disposition Station 107+00 20-inch pile supported water permit number 10703 Collier Co. will relocate and main near Vanderbilt Beach replace as needed to comply Road with District ROW criteria and bridge requirements 107+00 4-inch buried force main near Permit number 10379 Collier Co. will relocate and Vanderbilt Beach Road replace as needed to comply with District ROW criteria and bridge requirements 107+46 4-48" cmp no ROW pennit ColIier Co. will relocate and Vanderbilt Beach Road replace as needed to comply with District ROW criteria and bridge requirements 107+80 sign - "adopt a road" no ROW permit Collier Co. will relocate and near Vanderbilt Beach Road replace as needed to comply with District ROW criteria and bridge requirements 107+80 sign - "soft shoulder" no ROW permit Collier Co. wiIl relocate and near Vanderbilt Beach Road replace as needed to comply with District ROW criteria and bridge requirements c·13925sow.doc Pagt; 1 of 1 June 25.2001 · . Task 1 2 3 4 EXHIBIT "D" Tasks, Due Dates and Pa ments Descri tion Due Date 12 months Pennit 13 months 13 months 36 months Agenda Item No. 1688 January 11, 2005 Page 19 of 19 Total 0.00 0.00 0.00 200,000.00 $200,000.00 1 The due date is expressed in months following the execution of this Agreement 2 The dollar amounts indicated are Lump Sum Amounts c-13925sow.doc Page 1 of ] June 25.2001 Agenda Item No. 1689 January 11, 2005 Page 1 of 9 - EXECUTIVE SUMMARY Recommendation to adopt a resolution requesting the transfer of access road right-of-way from the Florida Department of Transportation (FDOT) to Collier County for the Immokalee Road Project, and to enter into an agreement with FDOT for acceptance and maintenance of the transferred right-of-way in accordance with prior obligations of the Board of County Commissioners. (FISCAL IMPACT: recording fees and advertising costs not to exceed $1,200) OBJECTIVE: To adopt a resolution requesting the transfer of access road right-of-way ITom the FDOT and to approve an agreement between the FDOT and Collier County for the acceptance and maintenance of said access road right-of-way located in the southwest and southeast quadrants oflnterstate 1-75 and Immokalee Road (CR-846). CONSIDERATIONS: As part of a previous agreement approved by the Board on June 22, 2004, it was agreed that the developers of the Wal-Mart store being constructed in the Southwest quadrant of Interstate 1-75 and Immokalee Road would exchange proposed right-of-way which they own, and which is required for the expansion of Immokalee Road ITom four lanes to six, in return for the transfer of a portion of the access road right-of-way located at the southwest comer of the interchange at Interstate 1-75 and Immokalee Road. Before this can occur, however, title to the access road right-of-way must be transferred ITom FDOT to CoJIier County. _. The subject access road right-of-way was originally acquired by the FDOT in order to provide access to lands which otherwise would have been land-locked behind the limited access fences of Interstate 1-75. In accordance with FDOT's statutory obligation to evaluate the proper functional classification of all roadways in the State of Florida, and to classify them as being either on the State Highway System or being more properly under the jurisdiction of local governmental entities, the subject access road right-of-way is being removed ITom the State Highway System, and is being placed under local governmental (Collier County) jurisdiction. Because said transfer cannot take place without the mutual agreement of both FDOT and the local governmental entity, FDOT has provided a standard agreement form (hereinafter referred to as the "Transfer Agreement") for the County to execute in order to set forth the obligations and responsibilities of the parties relative to the access road right-of-way. A copy of said agreement is attached to this executive summary for review, and four originals of the agreement will be provided to the Chairman for execution upon approval of same by the Board. FDOT also requires that local governmental entities adopt a formal resolution expressing the desire of the governing board to accept the transfer of the road segment. A copy of such a resolution is attached hereto, and the original document will be provided to the Chainnan for execution upon approval of same by the Board. This executive summary is intended to obtain the Board's approval of the resolution requesting transfer of the access road right-of-way ITom FDOT, as well as the Board's authorization for its Chairman to execute the Transfer Agreement. In addition, it is requested that the Board -- Agenda Item No. 1689 January 11, 2005 Page 2 of 9 authorize staff to advertise the exchange of a portion of the access road right-of-way in return for the conveyance of the proposed Imrnokalee Road right-of-way, as required under the provisions of Section 125.37, Florida Statutes. FISCAL IMPACT: Recording fees and advertising costs not to exceed $1,200.00 will be paid from Gas Taxes Fund (313). GROWTH MANAGEMENT IMP ACT: This project is consistent with the Long Range Transportation Plan and the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Adopt the resolution requesting transfer of the access road right-of-way from FDOT to Collier County, and authorize its Chainnan to execute same on behalf of the Board; 2. Approve the Transfer Agreement between Collier County and the FDOT and authorize its Chairman to execute same on behalf of the Board; 3. Record the instrument of transfer in the public record records of Collier County, Florida; and 4. Authorize staff to place the required legal notice in a paper of general circulation, once a week, for two consecutive weeks in accordance with the provisions of Section 125.37, Florida Statutes. PREPARED BY: Kevin Hendricks, Right-of-Way Acquisition Manager, TEeM Department (213-5844) Agel1()a Item No, 1689 January 11, 2005 Pi'l[~e 3 of Q COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summlry 1669 Adòp1 11 fBsolution reqµ~:'i1in¡~ lrsnsfer of I'ICCfJ!; rQad RM or from FDOT 10 Colliel Counf)' ami approve 8nd entl'lr into tin Al'Jn.!~lTIent implementing same M_ng D.18 1,111 '2005 9',00:00 AM Approved By Norm E. Fedttf, A!CP Transportation DiYision Admin~lIìtr.rtor Oate lr..fluþortion Servi.:olUI lrlltltiportutlor¡ S~,vh::·.ø AdmIn. 12122/2004.4.:46 PM Approved By EUgen~ eal'/ert Principal Project MU'Hlger Transportation Engineerin-g and Cotla,rucíion Management Dute Tran'portl1ltion!J Services. 12/23/¿QD~ 7~33 AM Approved By LiuT.aylor Managernentj8udget A"'öly t Dalte Tr.nllpnrtlon SItTV r."1t Trlr\fl;portiltirm AdmInIstration 1~123t2(704 3:11. PM Approved By Sharon N(~wmn" AccountIng 5upnrvl$()r OR:1~ Trilnlfportion Servlce.s 1riltlsport.tlon AtJmtr,llItratipl1 12(2"12004 1 :59 PM Approyed By P.:III Letll1hard !::xlK:utlvlt Secretary Dat. Tral'l$porhrtlon SØrvìclt5 Trlllnlpprta1ion Scrvic.l!I& Admin '12f;2lt'2004 8:17 AM Approved By OMS Coordin.tor Admini::strativl!- Au/slant Data County Mal'1.get'lII Office Officii! at M/IIn.gl:Hnent & autJU~ 12/2'91200.9:00 AM Approved By Su.u." U~her StH1ÍUI ManQg_tfHl!lnt/Budgllt Analvst Dille CO\lnty Manager'. Office Office or Management & Budget 1U30t2004 5:16 PM Approved By MicMel Sh\yk~wllki M.lnagemellt 8< BUdget Director Date County M¡ II1.g~r·$ orr r;~ orflc/1' I)r l'\lbnagr:mfl "J ," 9udlilol 12/311200412:15 PM Approved By ,James V. M~(dd Board (If Cou lit)' C:o'nrrtiSNiollnr!J County M.:Jngger Date Cl)untv ManlllgtH'U Office 12/311200" 6:31 PM Agenda Item NO.1 89 January 11, 2 05 Page 4 f 9 RESOLUTION NO. 2005- A RESOLUTION REQUESTING THAT THE FLORIDA DEPARTMENT OF TRANSPORTATION TRANSFER TITLE TO CERTAIN RIGHTS-OF-WAY TO COLLIER COUNTY. WHEREAS, in accordance with provisIOns of Section 335.0415, Florida Statutes, the State of Florida Department of Transportation (hereinafter referred to as "FDOT") has the authority to transfer jurisdiction of roads and rights-of-way from the State Highway System to local governmental entities, provided there is mutual approval of the transfer by FDOT and the affected local government entity; and WHEREAS, FDOT currently has title to the right-of-way required for the construction of two Access Roads, one located in the Southwest quadrant of Interstate 1- 75 and Immokalee Road (CR-846), and one located in the Southeast quadrant of Interstate 1-75 and Immokalee Road (CR-846); and WHEREAS, FDOT desires to transfer said access road right-of-way from the State Highway System to the jurisdiction of Collier County; and WHEREAS, Col1ier County desires for the FDOT to transfer jurisdiction of said acœss road right-of-way from the State Highway System to the jurisdiction of Collier County; and WHEREAS, the Collier County Board of County Commissioners has determined that is in the best interest of the citizens of Collier County for the County to accept title to said access road right-of-way and the jurisdiction therefor. NOW THEREFORE BE IT RESOLVED that the Collier County Board of County Commissioners does hereby request the Florida Department of Transportation to transfer unto Collier County jurisdiction for, and all right, title and interest in and to that certain access road right-oF-way described in Exhibit "A" (attached hereto and incorporated herein by reference) and does hereby authorize its Chairman to execute any agreement or other instrument pertaining to said transfer. THIS RESOLUTION ADOPTED this _ day of second and majority vote. , 2005 after motion, A TrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: , Chairman , Deputy Clerk Approved as to form and kj~ Ellen T. Chadwell Assistant County Attorney (j)L!")(j) -..:¡ 0 "- ,00 NL!") 0""':(1) z~g E 2:' a.. (1)ro -;:¡ -c: roro -0-' c: Q) OJ « ,.- W e" Z c( :t: o a: W ~ Q c( o a: W W ..J c( :II:': o ::! ;§ ~ In "'- I W ~~ c( 'x J-e me. a:e. W« ~~ - 0 I- .- <~ >~ <.- ~Q LJ., OW ~B :t:(I) S!o a:::; Q 0 <~ o a: m m W o u c( CJ z i o :t: en Q, c( ::! Z o ~ u o ..J ! ëî i ~ >1 ....I «' 3:1 z I I ø u..: W Of tD ~!V ø! -I cr: : __, , I I I I , , , , , , , , i 1n(fJ / ""CIJ>- 'w« ~ü~ I-üu.. ««0 I-Q¡..:. ClJwJ: cr:l-ø w~_ ~:Jcr: 1 --, , I , , , , I I , , I I , , , , , I ;!\J Q: «! o¡ cr:: 3: w! æ W¡ ....I: « ;21 :::J 01 ~ ~I ø ~: W -! tD i > ~ c( § ~coo ___ U.w na:a: i!a:w :t:W:¡ S!~6 a:zo ~gg o a: ~ b ____ m c__ mou. WI-::! o 0 ~ Œ - -:J ~ Agenda Item No. 1689 January 11, 2005 Page 6 of 9 AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY FOR THE TRANSFER OF ACCESS ROADS LOCATED IN THE SOUTHWEST AND SOUTHEAST QUADRANTS OF INTERSTATE 75 AND IMMOKALEE ROAD (C.R. 846) This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORT A nON, hereinafter referred to as the "DEPARTMENT" and COLLIER COUNTY, hereinafter referred to as the "COUNTY". WITNESSETH WHEREAS, the DEPARTMENT has the authority, in accordance with Section 334.044, and 335.0415, Florida Statutes, to assign jurisdictional responsibilities of roads: and WHEREAS, the COUNTY has requested the transfer of two (2) Access Roads from the State Highway System to the County Road System; and WHEREAS, this transfer is mutually agreed upon between the DEPARTMENT and the COUNTY, as provided under Section 335.0415, Florida Statutes; and WHEREAS, the COUNTY by Resolution, dated the day of 2005, a certified copy of which is attached hereto and by this reference made a part hereof, has authorized its Chairman of the Collier County Commission to enter into this agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, and for other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. a) To transfer Access Road No.1 (located in the Southwest quadrant of 1-75 and Immokalee RoadJCR 846) and Access Road No.2 (located in the Southeast quadrant of 1-75 and Immokalee Road/CR 846) from the DEPARTMENT to the COUNTY for an approximate total length of 0.197 miles. b) The COUNTY accepts all responsibility for the road right-of-way and for the operation and maintenance of that portion of the roadway (as described under la) which is currently utilized as road right-of-way. In addition to the roadbed, this agreement includes curbs, culverts, and drainage structures within the right-of-way at the time of transfer. The COUNTY also accepts responsibility for the operation and maintenance of any and all landscaping, public sidewalks, bike paths, and other ways in the right-of-way, irrigation, lighting, signalization, and traffic control device systems which exist in the road right-of- way as of the date of this Agreement. Agenda Item No. 1689 January 11, 2005 Page 7of9 c) The COUNTY at a future date will transfer a portion of the operation and maintenance of the roadway (as described under la) to a separate third party entity and will thereby no longer have responsibility for such açcess roads. The COUNTY may vacate any portion of the transferred right-of-way which is not being currently used, or is improved as road right-of-way. d) The DEPARTMENT gives up all rights to these access roads, including the issuance of permits, unless otherwise specified in this Agreement. The DEPARTMENT will deliver to the COUNTY copies of any permits issued by the DEPARTMENT. e) It is agreed that all obligations of the DEPARTMENT, under any maintenance or utility agreement, or other such agreement, relating to the access roads to be transferred, shall be transferred at the same time and in the same manner as jurisdictional responsibility. Because the DEPARTMENT will no longer be involved after the transfer takes place, acquiring new or amended agreements will be the responsibility of the COUNTY. 2. If there is evidence of historical or archeological resources that could be adversely affected by the transfer, the COUNTY agrees to maintain the resources in accordance with District Environmental Management Office (DEMO) recommendations. If no evidence is found, the COUNTY agrees not to adversely affect any such resources if found after the transfer. 3. Existing deeds or right-of-way maps will be recorded by the DEPARTMENT in the public land records of Collier County. If right-of-way maps do not exist, it is recommended that the DEPARTMENT and/or the COUNTY, as applicable, make maps and file them for possible future use. 4. All notices under this Agreement shall be directed as fo]]ows: TO DEPARTMENT: TO COUNTY: Ron Gru ver Statistics Administrator Florjda Department of Transportation Post Office Box 1249 Bartow, Florida 33831-1249 Norman Feder, AICP Transportation Administrator Collier County 2705 S. Horseshoe Dri ve Naples, Florida 34104-2705 5. Each party is an independent contractor and is not an agent of the other party. Nothing contained in this Agreement shall be construed to create any fiduciary relationship between the parties, during or after the performance of this Agreement. Neither party shall have the authority to bind the other party to any obligation whatsoever to any third party without the express specific written consent of the other. Agenda Item No. 1689 January 11, 2005 Page 8 of 9 6. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 7. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters herein, and the parties agree that there are no commitments, agreements or understanding concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. This Agreement shall become effective after execution by both parties. 8. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invaJidated or declared unenforceable is not material to the intended operation of this Agreement. 9. Unless otherwise specifically stated herein, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida. [Signature page foUowsJ Agenda Item No. 1689 January 11, 2005 Page 9 of 9 .- IN WITNESS WHEREOF the COUNTY has caused this Agreement to be executed in its behalf this day of , 2005, by the Chairman of the Board of County Commissioners, of Collier County, authorized to enter into and execute same by Resolution No. 2005-_, and the DEPARTMENT has executed this Agreement through its District Secretary for District One, Florida Department of Transportation, this day of ,2005. AS TO COUNTY: COLLIER COUNTY FLORIDA AS TO DEPARTMENT: STATE OF FLORIDA DEP ARTMENT OF TRANSPORT A TlON By: CHAIRMAN, BOARD OF COUNTY COMMISSION By: DISTRICT SECRETARY A ITEST: ATTEST: By: DWIGHT E. BROCK, CLERK (Seal) By: (Seal) Approved as to Form and Legality: Approved as to Form and Legality: By: ~ ASSIST ANT COUNTY A TTORNE ~ By: DISTRICT LEGAL COUNSEL Agenda Item No. 16810 January 11, 2005 Page 1 of 2 - EXECUTIVE SUMMARY Recommendation to allow the Transportation Division to advertise and receive bids for proposed roadway and drainage improvements to Immokalee Road from US 41 to 1-75, Project No. 66042. Estimated fiscal impact is $19,000,000. OBJECTIVE: To receive the Board of County Commissioners approval for bidding roadway and drainage improvements to Immokalee Road from US 41 to 1-75. CONSIDERATIONS: The final design plans and specifications for the widening of Immokalee Road tram 4 lanes to 6 lanes trom US 41 to 1-75 have been prepared and are ready for bidding. The project construction schedule calls for the work to be completed within 31 months following the issuance of the Notice to Proceed (NTP) letter. The schedule for the work is divided into three distinct milestones. The first milestone consists of the section :trom Livingston Road to I- 75 where work is to be completed within 210 days (approximately 7 months) after the issuance of the NTP. The second milestone, :trom Airport Road to Livingston Road, shall be completed within 430 days (approximately 14 months) following the NTP. The third and final milestone, from US 41 to Airport Road, shall be complete within 930 days (approximately 31 months) :trom the initial issuance of the NTP. In all milestones the work shall be completed within the timefuunes noted and liquidated damages will be assessed should the work not be completed per the design plans and specifications. - FISCAL IMPACT: Funds are available in the Transportation Supported Gas Tax Fund and Road Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: As a capital improvement element in the Five Year Transportation Work Program, the widening of Immokalee Road from US 41 to 1-75 is a part of Collier County's Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners allows the Transportation Division to proceed with the improvements to Immokalee Road :trom US 41 to 1-75 as referenced herein and authorizes the Administrator to start the bidding process. PREPARED BY: Dale A. BathoD, P.E., Principal Project Manager, Transportation Engineering & Construction Management - Hem Number him Summary M..tlng Dati Agenda Item No. 16810 J ¡3f"1uary 11 , 2005 Page 2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16810 Recomm~nrjBUon to ßflow tl'te Trnnsl'Jortatioll Division to advertise Bnd ret.;eive bids for proposed rOBdwlty and drainage ¡mprov.,ment~ to Immok.BI-ee ROad from !..is 41 to 1·7.5. Pro l.!ct No. 66042, EstImated fiscal il1lPBd is $19,000,000 1/11/2005 9:00:0D AM Prepared By 12/21a004 'I1::J: .:15 AM Dale A. aathon, r.E. Trt1n"port!Qn !\ttrvll:lI!s D", f'rinlcipol Project Manager Tranl .pultól1iotl EngitleerJng and Ceon..tl'\lction OfttC' Approved By Sh.rnn r~lbwman TtllrUI.pu,ttUtl Sølvice.s Ac:countlng SupervillQr Tr; I'!lpUlt..tl'>U Admjnj~ttlttlon 12/21/20044:19 PM Oate Approved By Euu~ne Calvtlrt Transportationli Sl!!'rvlcelil Pnnciþal Pt(JJIt<..1 M.anuger T,ansponaticn Et1Ç1inHrin-g 311d ConlFtructìor. Management 12/l2f2004 7:21 AM DóJte Approved By Lis.. T"Ylor Tr",nllJW:"rHo 'l Sflrvt~r.:s Manag( me"tJBucJg~t Analy..1 Tra".porløUnl'\ Adml"istratlo 1212212UQ"¡' 8:20 AM Dat(!: Approved By F.uerui.1l Brilhart ^dtT1lnitl1r; ¡liv~ S~IV CItS Purchô'\slng A.gent PUl<.:h;uu~U 12!281200"'1(]:39 AM Dall!! Approved By NQrm e. Fedel, AICf.' Tran"portion Siltrvir.fIti TranitpurtatiulI Divjl .jol'l Adtl'lln~f tr;ltor Tranaportation Servioes Admin 1211.8/2004141:113 PM DatI! Approved By Pat lehnh01'rd TrUl1l1þortutl{JM 5ervic:ou EJCl!IGlltlviIII s.~cretary Trun..po.l1Þtlon Servlt;eli AdMlt1'l 12,1221/20047:21:1 AM Dllte Approved By OMB C(II~nJlno1lul County MaMilge,.. Office AdminIstrative Anlstunt Office 01 M,Il'Iilgern&nt & Budget 1212'i12004 8:41 AM Dne Approved B)' Micturel Smykaw.ki CDIJI'Ily Mft""Q6I'1 Of1'k.r. Manage-men1 & !:Judge! Direct\)' Office! of Mn"aUftmftl1t & Burlglrt 12'31/200411:511 AM D~f! Approved By J.:IIm~flV. Murld 8Þard at County Cnm,nlss!orur,rfi COI¡nty Mal'l.:llfJC'H C(.IU,lty Matluger'lf. Office 11J31/2oo4 4:26 ¡:'M Agenda Item No. 16811 January 11, 2005 Page 1 of 3 -- EXECUTIVE SUMMARY Recommendation to Approve Contract for RFP #04-3684, "Vanderbilt Beach Road Extension Corridor Study," (project Number 60168) in the total amount of 5599,558 OBJECTIVE: Obtain Board approval to sign a contract with consulting firm CH2M Hill to provide professional services for a Planning Corridor Study. The Study will evaluate the transportation impacts of extending Vanderbilt Beach Road east of its current terminus, which is approximately 2 miles east of CR 951. CONSIDERATIONS: Both the Needs and Financially Feasible components of the Collier County Metropolitan Planning Organization (MPO) 2025 Long Range Transportation Plan Update (LRTP) contain a Vanderbilt Beach Road Extension connecting CR 951 and Wilson Boulevard. However, the Study will also consider future connections and/or extensions of Vanderbilt Beach Road farther to the east, to Everglades Boulevard and/or DeSoto Boulevard. A Request for Proposals (RFP #04-3684) was issued for the purpose of establishing a contract with a consulting firm capable of providing professional services to the County for this study. The RFP was issued on June 18, 2004, in accordance with Florida Statutes, Section 287.055, Consultant Competitive Negotiation Act. Notices were sent to 198 firms, with 29 requesting packages, and 5 firms submitting proposals by the due date of July 14, 2004. A Selection Committee meeting was held on August 4, 2004. The review, scoring, and discussion of the proposals by the Selection Committee resulted in a tie for highest-ranking firm. - The two firms tied as highest-ranking were: CH2M Hill T.Y. Un, International These two firms gave presentations to the Selection Committee on September 1, 2004. Following review, scoring, and discussion of the presentations, a consensus of the members of the Selection Committee determined the ranking of the top two firms as follows: 1. CH2M Hili 2. T.Y. Un, International Negotiations have successfully concluded with the top ranked firm, CH2M Hill, in the amount of $599,558. FISCAL IMPACT: $599,558 to provide professional services for a Planning Corridor Study. Source of funds is impact fees. GROWTH MANAGEMENT IMPACT: A potential Vanderbilt Beach Road Extension between CR 951 and Wilson Boulevard is consistent with the Growth Management Plan and 2025 Long Range Transportation Plan. An extension east of Wilson Boulevard is expected to be included in the 2030 Long Range Transportation Plan Update. RECOMMENDATION: That the Board of County Commissioners grant approval of the contract with CH2M Hill to provide professional services for the Vanderbilt Beach Road Extension - Agenda Item No. 16B11 January 11, 2005 Page 2 of 3 Corridor Study, and authorize the Chairman to sign a standard County Attorney approved contract. Prepared by: Joseph Quinty, Principal Planner, Transportation Age"oa !lem No. 16811 Jaouary 11. 2005 Page 3 of3 COLLIER COUNTY BOARD OF COUN'¡Y COMMISSIONERS Meeting Om 16811 Rl~c(¡nIm(.')ndYlion 10 Approv~ Conlrflr.,l ror RFP !¥O".3684, "VamJerbllt Beacl'l ROfjd EXlUn~jnn ConilJor Sludy." (Þraject Number 601138) 111 Uw Total Amount of $599,558 1/1112005 9:00:00 AM ltem-Number Item Summary Approved By PIt Lehnhard f:UCUt~0 $e1:.rcttMry Oat. TrafU~PQrtU1lon SfHVic,u. l"rllligpôrtutlorl StHV¡"IUI A.dn\ln 12/2.9/2004 4:1)Z PM Approved By Nctrtl E. rQd~r. AICÞ 1 rUllllpUl'hrtkHl Oivl'liiclI Aørrllni.!d,ato! OM. Tnll'l:lport.ion SlIrviclt$ Trnntportotion S.,rvlcmB Admin. 12/29/2004 5~07 PM Approved By Gloria Herr¡e.t.:'I M.¡n~gementiBudget An..ly&t O,tO' Trants.portion 5ftt\lit:ell Tranrspmt.Uon Q )crdiOM 12/~O{2oa4 8:57 AM Approved By K.,¡~t!'yW.ml Senior PUrdn~KmG iIInd C()1JtnH;tn An",:nt Oal. AdmlnI5trøth:i!" 5et"l./1Cf!5 Purchasing 12130120049:07 AM Approved By Dorulld L.. Scott lrôln1iþorltltlon ÞI31)nil'g: Director D.rte Tnt1sportietn Servicfls TtimSporhltion Planning 12(30/1004 :UÐ PM Approved By Sn.aron Nrtwm,m Accounting SUþj!lrvíaot D"t~ 'Ttllnspøltiut¡ Süt'vlcelS l'rahllpolt.l¡on Adn,il'll.tnrt¡.,n 12131/200412;23 PM Approved By OMÞ Ca( d~n,þ1Þr Admlrludr.ltr,lf! ABillllt3nt Oal. County Mlllnager's Office Office or Management & Etud;et 1/4120058:2" AM Approved By Ste\ t' Carnell .'urchasing!Ge"~..øl Svca Director OM' Admln strøtlVIt Si!!r'llil;fls Purr.:huing 11-4'20059:22 AM Approved By Mlc:nnl Smvkow1õki Milnag/!ltnenl &. Budget mtttr.:~o' DatI': County Mlnager'lI Office Office of Mlnagement It. Budget 114120Q5 4:2B PM Approved By James V_ Mudd County MlnJIIQl!lf Oat< Board 0' Cnunty (;cmmì...ioners County MRn¥9~r·.!I Of1icl!: 11"'2(,1055:07 PM Agenda Item No. 16C1 January 11, 2005 Page 1 of 5 ,-. EXECUTIVE SUMMARY Recommendation to award Bid 05-3755 to Motors & Bearings Concept, Inc., for the purchase of Falk gear reducers for the North County Water Reclamation Facility - Oxidation Ditch Aerator Motors and Drives Rehabilitation in the amount ofS29,455.50, Project 725112 OBJECTIVE: To maintain critical equipment to meet peak wastewater demands at the North County Water Reclamation Facility by furnishing five (5) new Falk gear reducers for the oxidation ditch aerator process. CONSIDERATION: The oxidation ditch aerator motor and drive assemblies, which are critical equipment at the North County Water Reclamation Facility (NCWRF), are almost 20 years old and are original to this facility. The approved three-year program is to replace five (5) motor and drive assemblies each year. The first set of 5 assemblies was rehabilitated in FY'04. The purchase of this equipment is needed for the rehabilitation of the second set of 5 assemblies per the FY'05 work plan. The existing motor and drive assemblies are engineered to operate with Falk parts. The Falk equipment has been extremely reliable and it is in the county's best interest to replace the gear reducers with like equipment. The oxidation ditch aerator system is an activated sludge biological treatment process that removes biodegradable organics from the treatment stream. This project is consistent with the 2003 Wastewater Master Plan Update as adopted by the Board on May 25, 2004 as Agenda Item lOC. ,-. Staff advertised for public bid, Bid 05-3755, ''Purchase of Falk Gear Reducers" for submittal by November 17, 2004. One proposal was received by the deadline from Motors & Bearings Concept, Inc., in the amount of $29,455.50. Motors & Bearings Concept, Inc., is the past equipment supplier of Falk gear reducers to the NCWRF. The NCWRF and the Public Utilities Engineering Department staff have reviewed their qualifications, and Motors & Bearings Concept, Inc., has been detennined to be a qualified and responsive bidder. The Staff has also detennined that the cost of the Falk gear reducers is fair and reasonable based on past purchases of the same equipment. Staff proposes to award Bid 05- 3755 to Motors & Bearings Concept, Inc., in the amount of $29,455.50 for the purchase of Falk gear reducers for the NCWRF. FISCAL IMPACT: Funds in the amount of $29,455.50 are available in Project 725112 for the purchase of this equipment. The source of all funds is the Wastewater User Fee Fund 414. The proposed Purchase Order is consistent with the Wastewater Capital Budget funds for FY05 as approved by the Board on September 23, 2004. GROWTH MANAGEMENT IMP ACT: This project has no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing Board of the CoUier County Water-Sewer District, approve the purchase of Falk gear reducers and award Bid 05-3755 to Motors & Bearings Concept, Inc., in the amount of $29,455.50. ,-. .--.-..--, ,- -, .-. Agenda Item No, 16C1. January 11, 2005 Page 2 of 5 Executive Summary NCWRF - Oxidation Ditch Aerator Rehabilitation Page Two PREPARED BY: Karen B. Guliani, P .E., Public Utilities Engineering, Senior Project Manager Item Number Item Summary Mntlng 0... Agendallf:lm No. 16Cí Janu,'~ry 11 , 2005 F'age 3 Qj' 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16(;1 r':¡ecnrI1/!\ :!'ndalkin It, nW¡¡¡tlj E\id 0!5":H55 to M()to!Eõ & 8t!ãhng!, Ct.1r¡(;~pt" h~(i f~r Ih~ pl r(ÜHl:~~ [). F ijli~ ge¡ r teClLJcer,. lor Ihl! N() 1r¡ C1}Ul1ty W~lt~r r~ecl;¡¡rn;:.J lotl Fmilit~' ~. ',)',,¡d;.I <~t"1 OJiçt, Aera.tor Motors and Oriws HehaibilifatlDn In th~ 31T'(¡\¡nt ~~t $:~~,<\55f·ù, Projßc:I 725112 1/i1l20C5 9 DOOD AM Prepared By 9ttnlor ProJe-ct MlIIOUI;JIH 12121200.4 '(~10:65 PM K~rðn ß, GÙli.1nl, P.E, .'ubtlc UtUltfelo Ollte Public UtlIUlII!" bglnetfrlng $tevl!'- CarMell Por",t,.l!Ji!'lgIUcnau,¡ !:hlc" Din:rttm Date Apprond By ^dmin!J,tratlve 5I1fVICII!'I. Purchulng 12/31200.4 10:2& AM Pctll'l"Schalt Senior Prajer:t Man..ger Dat~ Approved By P"bllc UtUltlr.s Public lttllllics E.ngu111C1rlng 12IßI20D'8:47 AM Purcnultl; Auenl Date Approved By Lyn Wood Adm!nt:nrilt!lIn SßfVlr.r.s P\JtchMlt1g t:ltfi/Z004 \1:51 A.M WtltilewatP.r Dtrec:tof Date Approved B)' Josepll B. ChH'ath.m PobltcUtUiIiM WutltWnt¢t Tretltm"'J')t 1218/200.4 .4:58 PM Tho"I"'" Wide.. operutlc.lHi DlrltC'tO' O.te Approved By 1'l,Ibllc UtHltlli't Public Ut I t1~'ii OJMratiolu 12/11/2004 9~O::¡ AM Puhllc Utl1ltlev Enginll\ll'ring OIr(\'clnr Oùt~ Approved By Ray B. And<l'r'ton, P,E., Public Utlllt¡~s ~'Ubl c Utilities c.n"inee'ing 12/17120001 3:U6 PM Public. UWItII!l:J Admll1lfitrator Dallb Apprond By Jame\i W. DULonv Public lit/miff" pubnc UtilIties AdmirÜatr.ltion 12/11/200.4 4:22 f'M Admini!itratlllt!' Äl5li-lltllnt D... Approved By oMB Coatdln.tor County Mar\uoel'" aMclI OffIcf:! ar M.tut;em.nt &. 8udget 12/21/20042:52 PM Senior totan¡gementleudget Anollly"t a... Approved By Susan Usher COUl1ly M nagt!r ~ Office Omen at M<I,,*geme!'l1 & ß\ldgnl 12122f%00.42:39PM MurlOlyument & BUdlle! Dlrw;tQr Dllte Approved By MictlaeI5n)ykow.!tkt Cøllnty M.nfluc(1i ornclt orn"e 01 M.nugeln,mt & f)üdglll 121n.'2000l .(:G3 PM CI)Ullty M~" lge! Dut!! Approved By Jlurun. V, Mudd BOr'lrd of County (:.(lrnrnlliJ,it)IItlrs County MIII'IlIIgrrf!f 011lcI\I 12!2:2'20"4 &:ZIi PM ...-1.{) fB .... UOIIP i::i ~ ~¡fQ; .~ 0"'- B z"- en E~ a:: (!) ro 0 I/ .:::::êz ~ cu ro <V "'0 ...., ,,:¡,:: c: 0 ( ) <V OJ a. <:: =(!! '8 ::I ãJ c::: i (,!) '18 LLN - - 0,..... ~: ~~ f:? 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CD ..c I '5 ! c::: (f) ci c:::~ <V en "C :I: IØ:!!!:: "§, ~ ":¡'::C"') c:: en - C) e CD <V ._ ¡fob ::I CLL:I:N m rn I ë u; i LO I/ ! 0 (f) I~ en , 11.0 .s co &:! c( I iE C"') ~ IS 0) ~ I 1- 0 C"') 0 0 ~ ;;ç ] i I I i ..... õ .... ( ) o co a. .. .-.-.._--~- .-.-.-.--. ----_..~_... .--.,.. . ,_...._-~.._--- --,.--.--. -.----.. ..-.-. .- --- ---+_'_~'_._-_.,.,. .-., .'-.--.- -.--.-.--- _..._~._--_._- - --. .---.-.--...-.-. _._--~.__.._----- - .---.- ------_.. ~L{)L(') )0_ ,00 -NU") ci~Q.) z"'- OJ E è:' ro roD... $:::1 -c roro -0"" c Q.) OJ ~ !! "C I:: 8 .s m :s lOa> r!! ~ 1O.c( )S ......-.c0N .. ~6-:::i<r- &II _o,-T"" at o .- 010 at "C(,)~-N at .-.5 e...... ~ ,,,I £X:I.,JBCDt) ã. 'E 0.. ::J <i:: a> ! C'CI B "C .c '[ J;, )H'" ~8~=ªc.. ,\.".; .Q o C'CI C ~ &II - & I:: I:: .c I:: ~ .0 ~ I- o ~:¡:¡.m ._ I:: - C'CI .c - .¡: as "C = i ~ m u. 'x :5 Q æ£X:I'ëO~ c Eoðm~æ 0 . Er!!asD:::cn i ø if! 8s~~ ~ g 8 ~ ~ ~ .00 æ 0 ::J U .¡: !.!1 Ii! ! ~ o..Z Q .j - Ë N fQ == ~ .. ... "'el c: ... .,. an ..5 0 N .- ..... .. 15 I: ~ 0 at .. oW .. "e- I- oW .. .. Ë z VI I: CL .. " ~ ::a - CD 0 J! c: u.. cr A. .- I: I ; ~ ...... 1j 0 ~ I: i! ~ (J 'a en 1;; \1 E c .. M z ~ I c t Q 0 ë' u I: a= ... CL Agenda Item No. 16C2 January 11; 2005 Page 1 of 11 -, EXECUTIVE SUMMARY - Recommendation to approve Work Order CDM-Ff-05-02, under Contract 00-3119, Fixed Term Professional Utility Engineering Services, with Camp, Dresser & McKee, Ine., for engineering services related to adding two new public water supply weDs (WeDs 35 and 36) to the Tamiami Wellt1eld in an amount not to exceed $246,058; Project 70158 OBJECTIVE: To increase the reliability of the existing Tamiami Wellfield and to provide backup capacity by adding two new wells. CONSIDERATIONS: The intent is to add two (2) new wells (Tamiami Wells 35 and 36). The proposed work order is for the engineering portion of the project including preliminary and final design, final pennitting, surveying, services during procurement of construction services, construction contract administration, and detailed observation during construction. The proposed scope of work is consistent with the 2003 Update to the Water Master Plan as adopted by the Board on May 25, 2004 as Agenda Item 10 D because this work order will further the process to replace one Tamiami well per year to increase system reliability. No replacement wells were constructed in FY 03 and FY 04. Therefore, a minimum of three replacement wells are needed in FY 05 to maintain the Tamiami well replacement schedule identified in the 2002 Water Master Plan Update. Two wells are currently scheduled for completion in spring 2005, Tamiami Wells 33 and 34. Supplementing the program with both ,-. Well 35 and Well 36 would accelerate the Tamiami well replacement schedule in the most economical way. The need for additional water supply wells remains critical to maintaining a reliable public water supply. The sites for Tamiami Wells 35 and 36 are located on County property at the North County Regional Water Treatment Plant (NCRWTP) site near existing Lower Hawthorn wens on Vanderbilt Beach Road Extension. An estimate of the proposed fees by task is summarized in the attached Work Order. The scope of work is consistent with the intent of the Fixed- Tenn Utility Engineering Services Contract 00-3119. Staff' has determined the fees to be faìr and reasonable given the level of complexity and order of magnitude of this project. The basis for Staff's detennination that the fees are fair and reasonable includes comparisons with construction standards and the cost of past similar engineering services. In accordance with the American Society of Civil Engineers Manual of Practice No. 45, the typical total engineering fee for projects with a construction cost of $500,000 to $1,000,000 is between 16 and 24 percent of the construction cost for new construction. The engineering fees for providing Wells 35 and 36 at the NCRWTP site are more economical when compared to the fees of comparable engineering services work orders: CDM-FT-03-02 ($176,832) for Well 33 and CDM-Ff-04-07 ($214,162) for Well 34. This is due to the fact that the recent hydro- geological knowledge and design experience obtained on these previous Tamiami wells can be applied to or duplicated for Wells 35 and 36. The estimated construction cost ofa typical Tamiami well is estimated to be $750,000 ($1,500,000 for two Tamiami wells) plus drilling ,,-. Executive Summary Work Order CDM-FT-05-02 Page 2 Agenda Item No. 16C2 January 11, 2005 Page 2 of 11 costs not to exceed $181,900 ($90,950 per well), which results in a design cost to construction cost percent of about 15 % for Wells 35 and 36. The proposed method of compensation will be lump sum for a portion of the design, and for all construction bids and construction administration services. All other services shall be provided based on time and reimbursable expenses with an upper limit cost-not-to-exceed $246,058. The proposed compensation method is appropriate given the potential need to adjust quantities and be flexible to adapt to changing or unforeseen conditions. FISCAL IMP ACT: Funds in the amount of $246,058 are available for this project. The intent of the proposed work is consistent with the Water Capital Budget funds budgeted for FY 05 for Project 70158, Lower Tamiami Well Replacement Program, as approved by the Board on September 23,2004. Source of funds is Water User Fees Fund 412. GROWTH MANAGEMENT IMP ACT: There is no impact on growth management related to this project. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, approve and authorize the Public Utilities Engineering Director to execute Work Order CDM-Ff-05-02 in an amount -- not to exceed of $246,058 with Camp, Dresser & McKee, Inc., for engineering services related to the Lower Tamiami Well Replacement Program, Project 70158, following County Attorney review and approval as to fonn and legal sufficiency. PREPARED BY: Karen B. Gu1iani, P.E., Public Utilities Engineering, Senior Project Manager .-' _bm Number Item Summ.ry Meeting O.te Agemjf:t HRm No. 16C2 JanlJ::try 11, 2005 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16(:2 Rer,;ornrl',mdation tCi iJl)prov!'J WI)!"K Oroer CDM·r: r -05·02. IJnd~1' Cun!rêl¡~ 00·-3119 ~:I(~j T"ftf1 Pt\ t~MIC)r1êll Utility En{lin~efl"g SerVICt!!i, wIttl C;arTlp, [ìr~Ii!¡;tH 8. McKee !!'C~ for e!'lgineeri~ s.erviGes relatftcl Ie. :¡OÓ1ng two neW puhlic wafer F..lJpply wp.:![s ¡Wr,I!t\ 35 Bnd :'16) to tht: Ta~iamí WclHleld In an iilfTlOU!"I\ not '.Ç.¡ e:,.-cðed $246,058' Pro¡cc.[ ?C158 1/1'il20¡)S 9"OD'!)O AM Karin' ß. GuUø.tlì, P.f;" Setlìør Pt(J ecl Manll'iler 12!16/200-" 10:20:.47 A.M Prepared By P\.Ibllc Utmtllt-S. Oal~ Putlllc UtiU1iu Enø1neerlng Paul Maltuusch Wittltt04rednr Ontc Approved By PubHe- UttIl1 ~5 Water 1211512D0411:26 AM Lyn Wood Þurch.u.lng AAml D.tt Approved By Admlnltltllti'Jf! Set'VIt:* rj PurctlulnQ 12/1612'0042:11 PM 'efer SchaU Senior ProJeoct Man,ger Dall!' Approyed B,. Public UtlUtlu PUblic Utilities t:l1gllte~l ng 12116/20042:24 PM Approved 8)" P.m.l. LIbby Public lItUiHM Water OperattOfl' Mana'IJel Date Wel.f:r 12/1612004 J:2fi PM PU '(~lt.tIllIg/aeneraJ S'J(.'.!\. Dllectl)t Dillte Approved By Steve C.arnell Aamlniatrativa StTrvice, pur¢hG:llng 12/17IZ0\J4 7:57 AM Roy e, Arldel1õQn, P.E. Publlli U(IIltle. EnOlflt!clllIg Dira-cwl Oa1e Approved By Pubilc UtillU.u Ptib!iç UtiIlUÐ$ EnQine""ing tZ/17/200'l 1;24 PM Approved By Thomas \fJldes Pubilc UttHtln op"rutlollJl Olrec:tor Dille Public Utllttlu Operations 12/1712004 2:63 ~'M Jamfltt. W. Delany Publh:: UtiUtJe'li Admlnlstrl1tor O,to Approved By Public Utllltle_ Public UtlUtre!l Adm nl5-tnIUon 12/17J200.4 4:Z4 PM Approved By OMB Coofdlnlttor County MBl1l1ger'$ Office Admh'15trllllv~ As.siliot,f'lt [).1ot omçet 01 MltflilYf:!ment & BUOy"1 121211Z004 J:24 PM S4nior Mal1ÞgementlBudget Analvst Dale Appro"'ed By BUSo1n Uffhel Countv Mann..,!!'" Otfjc:lt ()fric:e- of Manfl9~lnn"t & Budge! 12122./:.1004 ;'1:06 PM Ma:lløgelntm1 & Budge, DIr.-cto' Oøt~ Approved By MjL~h8e! S,nykuwiokl COIJnt)l M¡¡n;aOf'r'lI 01ficlþ Officr. aft.lanagl!menl &. D:udant 12/22/"2004 .:06 PM Counly Milr'.agtlr Dale Approved B~' JanHUii V. MutJd 800111:1 01 County Cl)mmlst<lunello County MtnIl9",r'¡¡ ()"IC:f! f2/J01200.4 U :54 AM AMENDMENT 1 WORK ORDER #CDM FT OS 02 Agenda Item No. 16C2 - - - January .11, 2005 Agreement for Fixed Term Utilities Engineering SeI:'vices Page 4 of 11 Contract #00-3119 Dated April 10, 2001 This Work Order is for professional engineering services for work known as: Project: Tamlaml Wells 35 and 36 The work is specified in the proposal dated December 8, 2004, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #CDM-05-02 is assigned to Camp, Dresser, & McKee, Inc. Scone of Work: Provide services associated with final design and installation of Wells 35 and 35 in the Golden Gate wellfield for wellfield reliability improvements, to include permitting with the applicable government agendes, final design, bid services, construction administration services, construction observation services, and additional services that may arise during the course of the project. The wells would supply water to the membrane softening treatment process at the NCRWTP and reduce dependence on supply from the Tamiami wellfield through the RWBPS thereby increasing system reliability. Schedule of Work: Complete work within 30 weeks from receipt of the Notice to Proceed. Comnensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Services Original Compensation Task A Deøign $97,984 lump sum Task B Permitting Auistance $43,297 lump 10m Task C Construction Administration Serviceø $73,658 lump lum Talk D Construction Observation $21,119 time and materials Task E Additional Services $1 0,000 time and materials Total $246,058 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: Karen Guliani, PUED, Senior Project Manager Date APPROVED BY: Stephen Y. Carnell, Purchasing Director Date AUTHORIZED BY: Paul Mattausch, Water Director Date APPROVED BY: Roy B. Anderson, P.E., Public Utilities Engineering Director Date Approved as to Form and Legal Sufficiency: Assistant County Attorney ACCEPTED BY: Witnesses (2) Date: By: W. Kirk Martin, Client Officer Camp Dresser & McKee, Inc. Fund: 412 CC:273512 G/L Account:631400 Project Number:701582 Agenda Item No. 16C2 January 11, 2005 Page 5 of 11 Tamiami Wells 35 and 36 SCOPE OF ENGINEERING SERVICES FOR DESIGN AND CONSTRUCTION INTRODUCTION The North County Regional Water Treatment Plant has a capacity of 12 million gallons per day of membrane softening treatment capacity, and 8 million gallons per day of reverse osmosis treatment capacity. The membrane softening process is served through a supply from the Tamiami well raw water booster pump station (RWBPS). The reverse osmosis treatment consists of four 2 mgd trains that treat water withdrawn from the Hawthorn aquifer. In order to increase feed water supply to the membrane softening side of the NCRWTP, by July 2005, the County has requested that two additional Tamiami wells be placed on the NCRWTP site to provide supply water to the plant. The wells would supply water to the membrane so:ft.ening treatment process and reduce dependence on supply from the Tamiami wellfield through the RWBPS thereby increasing system reliability. A. DESIGN Task A.t- Preliminary Design Provide configuration for two new production wells and transmission piping to the membrane softening treatment process raw water supply line. The water supply wells will contain a submersible multistage turbine pump. The pumps will be monitored and controlled remotely from the NCRWTP control room SCADA system. The wellhead will be placed on a slab on grade. The slab will have either walls or the housing completed by the County. The wellhead will connect to existing piping going to the NCRWTP. Specifications for equipment and drilling techniques will be the same as those used for Well No.33. A connection for emergency standby power will be supplied. No designated standby generators will be required. An evaluation of existing plant power load and capacities will be perfonned as needed to determine the best source of electrical power for the two (2) additional wells. The well pumps and motors will be sized based on historic pressures measured in the supply line upstream of the NCRWTP membrane so:ft.ening treatment process supply line. The pressure infonnation shall be provided by the County based on historical readings. CONSULTANT shall perfonn a determination of sanitary hazards within a SOO-ft radius of the proposed well sites as defined by FDEP regulations. Task A.2 - Final Design The CONSULTANT will prepare drawings and technical specifications for construction of the new facilities. The CONSULTANT will design transmission piping for connection of the proposed reliability wells. Proper siting of the wells and associated facilities on the property will be critical to the success of the project. The transmission main pipe will be PVC or HDPE (all existing raw water yard piping is HDPE) and will be provided with isolation valves as required. The services of a geotechnical subconsultant, as appropriate, to design the transmission main, are included. The Consultant will obtain the services of a professional land surveyor to provide topographic and horizontal control surveys of the proposed well site, tree survey, and transmission main alignment. Page 1 of6 NCRWTP Tamiami Wells 35 & 36 December 8, 2004 Agenda Item No. 16C2 January 11, 2005 e*6 of 11 CONSULTANT shall provide ten (10) copies of the 60% plans and specifications to the County for review. As part of the 60% design review, the Consultant will provide site development planning services that include a vegetation survey, clearing of exotics, and drainage design as needed. A preliminary opinion of probable cost for the construction of the new wells shall be provided along with the PDR. During the 60% design, a review meeting will be held with County. Comments received from the County will be incorporated into the 90% design. Ten (10) copies of the 90% design will be provided to the County for review. The electric utility service requirements for the well will be developed based on the selected submersible pmnp motor horsepower and voltage requirements. Coordination with FPL will be provided to evaluate potential phase imbalance problems. Base design for auxiliary power would include provision for connection to a portable generator only. Design Drawings - Detailed design will consist of preparation of general, civil, mechanical, electrical, piping and structural drawings, and instrumentation and control drawings. Standard details will also be prepared. Construction drawings will be prepared using AutoCAD fonnat. Technical Specifications - The technical specifications used for the Well 33 project will be used as the basis for the technical specifications for the project. Manufacturer and suppliers will generally be the same as those used for the previous well field reliability improvements project except where equipment improvements are specified. Design Progress Submittals - Construction drawings and specifications will be produced and submitted for County review at each completion level. The drawings will be provided on bound 11 x 17-inch sheets. The final design submittal will be defined as a set of drawings and specifications that is complete and constructible, but subject to final comment from FDEP and the County. Final Plan Preparation - The final design, 100 percent complete documents, will incorporate comments from the County. The final design documents will be prepared consistent with County bid proposal and will consist of the standard County bidding requirements, technical specifications, and engineering drawings. The final design documents will incorporate designs for the production well, submersible pump, and related wellfield facilities. The final opinion of probable construction cost shall be submitted along with the 100 percent documents. B. PERMI1TING ASSISTANCE Permitting and Agency Coordination - This task will establish the pennitting requirements for the proposed modifications at the NCRWTP site and where appropriate, initiate the pennit application process. The pennitting process shall include modifications to accommodate the following: · Two new Tamiami wells (this scope and fee) · Two new Hawthorn wells on the NCRWTP site. Hazen and Sawyer, Inc. is doing this work under separate contract with COUNTY. COUNTY shall be responsible for the timely provision of all documents included in that contract required to complete the pennit applications listed in TASK B). Pennit applications prepared for the County will include all the project work indicated above unless directed otherwise by the County. Construction permit applications or modification applications will be prepared and submitted to the following agencies on behalf of the County. 1:\PubiCUtilitiesDlviIon\E>r8cuö.... Summariea12005 Jøn 11\CDM-FT-D5-IJ2 Gulianl\Scope of Work NCRW1P Wen. 35 end 36.docScope 01 Work NCRW1P Weill 35 and 36 FTM Page 2 of6 NCRWTP Tamiami Wells 35 & 36 December 8, 2004 Agenda Item No. 16C2 January 11 , 2005 e~7 of11 Consultant will prepare all documentation necessary to obtain the following pennits: · Minor Modifications to a Public Water System (FDEP Pennit) · South Florida Water Management District (Water Use Pennit Modification) · County Site Development Plan · County Right-of-Way Pennit Consultant will assist the con1ractor(s) with obtaining the following pennits: · Collier County Building Department · Well Construction Site Inspection Consultant shall provide general pennitting support services throughout the pennitting process. The County will pay all permit application fees. One response for additional requests for infonnation will be provided during the pennitting process. In addition, it is assumed that one meeting with each applicable state regulatory agency will be required to resolve pennitting issues. The pennitting breakdown of activities is as follows: B.2.. Site Development Plan Consultant will assist the County in modifying the existing Site Development Plan (SDP) plan for the NCRWTP site to include the proposed modifications. Consultant shall prepare all plans and drawings required for SDP approval. This includes the preparation of landscape plans around the modified construction areas based on the requirements of the Collier County Land Development Code (LDC). Consultant shall coordinate with the County SDP to detennine the applicability of the LDC to the proposed minor modifications. Consultant shall conduct a field investigation and prepare vegetation mapping using the Florida Land Use, Cover and Fonns Classification System (FLUCCS) and preliminary wetlands mapping for the site based on existing information, aerial photo interpretation, and limited site observations, as required by the CCLDC. Consultant shall detennine the approximate extent of vegetation associations constituting ''native vegetation" to assist site planning activities related to Collier County Native vegetation preservation requirements. Modifications to the existing SDP for the NCRWTP site included in this scope are for proposed site improvements only. Modifications required to bring any of the existing facilities to current LDC requirements are not part of this scope. CONSULTANT shall prepare responses for up to two (2) RFIs for submittal to the CCIDD. B 2.2 County ROW Pennit CONSULTANT will prepare a County Right-of-Way pennit application for the proposed modifications for submittal to the Collier County DOT . CONSULTANT shall prepare responses for up to one (1) RFI for submittal to Collier County DOT. B 2.3 FDEP Permit for Minor Modifications to a Public Water System CONSULT ANT shall assist the COUNTY with the preparation of the Application for Minor Modifications to a Public Water System (PWS) for submittal by the COUNTY to FDEP. The pemlÌt application shall include all of the above listed proposed modifications. The preliminary design documents prepared for each portion of the proposed modifications to the NCRWTP shall fann the base for the pemlÌt application documents. 1:\PublicUtilitieeDivIIonIEXAlcull.. SumrrwiH\2005 JIIf1 11ICDM-FT..o5-02 Gulianl\Scope of Work NCRWTP WeU. 35 end 38.cIOc8oope of Work NCRWTP Wella 35 end 36 FTM Page 3 of6 NCRWTP Tamiami Wells 35 & 36 December 8, 2004 Agenda Item No. 16C2 January 11, 2005 ~D)it 8 of 11 CONSULTANT shall prepare pennit application fann and required supporting docwnentation for submittal to FDEP. Subsequently, CONSULTANT shall prepare responses for up to two (2) RFIs. B.2.4 Water Use Permit (WUP) CONSULTANT will prepare a letter to the SFWMD requesting a modification of the County's current Water Use Pennit. Consultant will coordinate with the SFWMD and respond to up to one (1) request for additional infonnation (RFI). C. CONSTRUCTION ADMINISTRATION SERVICES It is the County's intent to construct two Tamiami wells by competitively bidding the design. The Consultant will endeavor to provide services during cons1ruction accordingly. Construction administration services to be provided for the construction of the additional wells consist of preconstruction and progress meetings, shop drawing review, inspections, and the following: Procurement Services - It is proposed that the work will be accomplished by the lowest responsive bidder. The Consultant would be working with a general! underground utility, well drilling, instrumentation and controls, and electrical contractors for the construction. Discussions and negotiations with the contractors may be conducted to go over the work scope, confinn prices, and detennine a project schedule. Fonnal bidding of the project will be required. Review Pay Requests - The Consultant's representative will note actual quantities of materials used in the well construction, depths drilled, weU development time utilized, etc. Contractor requests for payment will be reviewed to verify the requests are consistent with the amount of work accomplished. Issue Interpretations - Consultant will issue necessary interpretations and clarifications of the construction contract documents, in writing, and prepare change orders as required. Consultant will interpret the requirements of the construction contract documents, evaluate the work perfonned, and make recommendations on any claims by the Contractor. Report - Consultant will prepare a report documenting the well construction activities, well cons1ruction details, water quality, and well perfonnance. Certificate of Completion - Consultant will prepare a certificate of completion for the new wells and raw water transmission facilities. Operation and Maintenance Training - The Consultant will provide training for the operations and maintenance staff on use of the expanded facilities. The Consultant will assist Collier County in an assessment of the training requirements of the personnel and coordinate the training requirements with the applicable regulatory requirements. The training will complement and be coordinated with training to be provided by equipment vendors. Start-Up Services - The Consultant will conduct systems checkout, including troubleshooting of equipment and instrumentation installed as part of the project. Consultant will provide on-site advice and troubleshooting throughout the start-up. Once the new wells and associated facilities are fully operational, the Consultant will assist County staff with operation fine-tuning. All contract documents including record drawings and computer disks will be catalogued and delivered to the County. CONSULT ANT shall assemble the operation and maintenance 1:\Public\Jtlliti.sOiviIonIExacuti... Summørie.\2005 Jen 11ICDM-FT -0>02 G.ai.ni\9cape of Wcri; NCRWTP W... 35 end 36.dac9cope of Wcri; NCRWTP WeIll 35 end 36 FTM Page 40f6 NCRWTP Tamiami Wells 3S & 36 December 8, 2004 Agenda Item No. 16C2 January 11, 2005 eli)Jd 9 of 11 infonnation required by the COUNTY for the All-MAX Ops 10 system. The data will be entered into the standard EXCEL template provided by the County and provided to the County in electronic format. Record Drawings - CONSULTANT will prepare Record Drawings of the construction from field revision notes and markups provided by the Contractor. The Record Drawings will be reproducibles copied from the design drawings and edited to show the Contractor's notations. One (1) hard copy set and one (1) electronic file AutoCAD R2002 compatible version will also be provided to the County. Field visitations will be conducted to detennine that the project has been constructed in substantial conformance with the Contract Documents. Coordination with SCADA integration work done by others (Carollo). The COUNTY is in the process of upgrading and replacing the SCADA monitoring and control system currently being used in the NCRWTP control room. Consultant shall provide necessary information and coordinate work with the County's SCADA consultant relative to integrating the new wells into the plant's SCADA system. D. OBSERVATION OF CONSTRUCTION CONSULTANT shall provide on-site observation of well construction activities by one or more representatives as authorized and approved by the County. CONSULTANT will provide construction observation services during the construction and testing of the production well and during installation and testing of the submersible well pump. These services consist of daily observation of construction activities, collection and analysis of drill cuttings and water samples, testing, and certification of construction. The Consultant will submit FDEP certificates of completion as necessary. The Consultant's on-site representative shall prepare and submit weekly progress reports to the County during construction. The weekly progress reports shall include project status, contractor manpower, materials and equipment received, work perfonned, problems encountered and rectification, and weather conditions. The Consultant will also provide on-site full time construction observation services during pipe bedding, laying, backfill, testing, flushing, and connections of the new transmission main and for installation of the well slab and electrical/instrumentation appurtenances. E. ADDITIONAL SERVICES The Consultant will provide additional services at costs agreed upon by the County and Consultant and as authorized by the County, which may arise during the course of or following the design, construction and start-up of the additional well and transmission main. Engineering design and construction administration services can be provided under this item. Compensation to the Consultant for perfonnance of Additional Services as well as the specific services to be perfonned and time of completion shall be approved by the County's project manager in writing in advance of performance of said Additional Services. Out of scopeiservices must be identified by the Consultant prior to the performance of the work. Failure to notify the County in writing of out of scope services shall be deemed a waiver of any claim by Consultant that such services were out of scope services. Additional written authorization from the County will be required for any charges that exceed the predetermined upper limit. F. SCHEDULE OF COMPLETION The Consultant will complete the design of the project as described in Task A twelve (12) weeks from the date of the notice to proceed. The completed design documents will be complete to the level acceptable for construction. 1:\PublicUtilitieaDhMon\Eøcuti.. Sumnwrie.I2OD5 Jan 11 \CDM-FT -'>5-1:12 Gunen¡lScopa of Wor1< NCRWTP Wen. 35 end 36.docSoope of Wor1< NCRWTP Welle 35 end 36 FTM Page S of6 NCRWTP Tamiami Wells 35 & 36 December 8, 2004 Agenda Item No. 16C2 January 11, 2005 F0¡j)M 0 of 11 G. COMPENSATION The Consultant will be compensated $181,939.00 for the work perfonned under Tasks A, B and C on a Lump Sum basis. Task D (Construction Observation) will be provided on a time and materials basis for a cost not to exceed $21,119 without further approval ftom the County. An allowance of$10,OOO is suggested for Task E (Additional Services). H. GENERAL ASSUMPTIONS Work described in the scope of services is based upon the assumptions listed below: 1. The SFWMD will approve the requested permit modification for 2 additional production wells. Both well sites are located on property owned or controlled by the County. 2. County will provide Consultant available record drawings and SDP documents of all facilities, if available, which will serve as the preliminary basis for design in this project. Record drawing mark-ups will be prepared by the Contractor and submitted to the Consultant for review. 3. No easements will be required for the new wells since the location will be on the NCRWTP site. 4. The County will pay all pennit application fees. 5. County will provide comments on all draft deliverables within two weeks, unless another deadline is agreed upon. 6. The proposed production well locations and pipeline route for the project are assumed to be ftee of environmental contamination. I. SCHEDULE OF COMPLETION CONSULTANT will complete Tasks A, B, C and D in accordance with the schedule based on cumulative weeks from the date of the NTP by the COUNTY. Final Design Documents Permitting Assistance Procurement Services General Construction Services - Eight (8) weeks from Notice to Proceed. Twelve (12) weeks ftom Notice to Proceed Sixteen (16) weeks from Notice to Proceed Thirty (30) weeks from Notice to Proceed ·including one (1) week of County review time at the 60 and 90-Percent Completion Level. 1:\PubNcUtiJltiesDiYiaonlExecutlve SUIT1fT8riea\2005 Jen 11\CDM-FT ~5-02 GulI8nllSoope of Work NCRWTl' Wel. 35 end 36.docSoope 01 Work NCRWTl' Weill 35 end 36 FT101 Page 6 of6 -~~;: ,0_ .N 0 Ó~"':: Z..... E~~ Q)roro _::Ia.. -c: roro -0' c: Q) 0> <d: ~r 21"< e ' I&. II I ~ "CI C " ~ .!! I E " E .~.. - a - ß I :iiI] IR .. ~ I 'ë U fa m It: í 1-1 t.: 0 ~ SI .. .. ....8 w: ~ . ... .. .. .....,- -,,-...... "D c CD .S! .. 'I I- ~ 'Ë c II z 1ft ï E 'S .. 0 ~ GI :e c f 81 Do 0 l- E ...... 2 i = c 1 8 1 1 œ U i c õ' II !J !J 0 1ft a= c .. U ÞOI Do CD E " z i õ" ... D. ü CÐ I! .5 .. 't:I C .c 't:I .. S~ftI¡ . 0'· t .... e ....CIf"OftI "'CDCDL.CIO cu..r-Il) ~ 'r;: ftI CD ... ..c;-.co NCD!...... '(I)ClfO~ an_CD"U e ...·U_CD ,. c'r;: U» ·0.... .... 'C c; C'I') .. U.CDCD't:ID. :E ! tI) C ... Q .. CÐ ftI :8 CÐcll) (.) c'CC'l')~ ",WCDtI)U» CD~CD-· t! .. C ~"i tt 0_-- ~ .. CÐ .... =c ... -t:-CD_CD _ ¥fCD Oftl...=u ¡CS.2;= ~ .¡¡ u ~.s o·'sã... ã. .!e ar Q, 0 Q, CD~C ftlD.~~ë os:UCD:J "t:~1io ¡~~~i ftI't:ICD=C "OCDUJ..aftl c.~ =:J C CD U. &;; Q,.. eø»Q~:2 e... .. tit CD 0'" Q,c!E u C'I') E 0- i!gß!~ Agenda Item No. 16C3 January 11,2005 Page 1 of 13 -" EXECUTIVESU~Y Recommendation to award Bid # 04-3716R to Hannula Landscaping, Inc., for Installation of Irrigation and Landscaping at the South County Water Reclamation Facility and to approve a budget amendment for total project funds in the amount of $184,032.09, Project 725071 OBJECTIVE: To restore the South County Water Reclamation Facility (SCWRF) 32-acre site, upon the completion of several construction and expansion projects, with the installation of an irrigation system and landscaping. CONSIDERATION: The initial bid for this project, Bid # 04-3716, resulted in unacceptable pricing and was subsequently re-advertised as BCC approved on November 16, 2004 per agenda item 16 C 1. Re-bidding this project resulted in a lower price by a responsive, qualified bidder. The project landscape architect, A. Gail Boonnan & Associates, has detennined the low quote to be reasonable and the contractor quite capable. Hannula Landscaping, Inc. is an experienced contractor with public work projects, having done several roadway landscape projects for Collier County. ,- The proposed contract is consistent with the 2003 Update to the Wastewater Master Plan as adopted by the Board on May 25, 2004, as Agenda Item 10 C. The SCWRF pre-existing spray irrigation system is inadequate as a result of several construction and expansion projects. The initial project budget of $60,000 only considered the cost of rebuilding the existing site irrigation system. It was subsequently determined that rebuilding the existing system was not feasible and that a complete new irrigation system would be needed to restore the 32 acre SCWRF site. The irrigation system for the entire SCWRF site will use reclaimed water and its range includes the maintenance of the privacy berm landscaping along the plant site boundary. The landscape architect's estimate for the base bid (irrigation and planting) plus materials and labor for rock trenched areas (Alternates #2 and #7) for this project was $167,960.32 (attached). Staff proposes to execute a contract to Hannula Landscaping, Inc., in the amount not to exceed $184,032.09 for the installation of an irrigation system and landscaping with selected alternates as detailed, which includes a 5% allowance for unforeseen underground conditions. The project team selected the requested bid alternates based on the aesthetic completion of the site environment. ~ "~".. -'....~-~.._-'"-".,'_.~.- ~, Executive Summary Bid # 04-3716R SCWRF Irrigation Page Two Agenda Item No. 16C3 January 11, 2005 Page 2 of 13 Bid Item 32-station irrigation system and plant material for entire 32 acre site Alternate #2: Gravel (309 cubic yards) and :filter fabric (61,900 square feet) for rock trench areas (surrounds above ground . in and ui ment Alternate #3: Ed' for rock trench areas Alternate #7: Locator disc at end of each sleeve for under-road i in 58 each 5% allowance for unforeseen underground conditions. Requires prior county a: roval. Cost $135,437.85 31,102.31 8,032.50 696.00 8,763.43 Total Pro' cd Cost $184,032,09 FISCAL IMPACT: Funds in the amount of $46,016 are available in Project 725071, SCWRF Rebuild Irrigation. A Budget Amendment is needed to transfer $138,016.09 from Project 725341, 2005 SCWRF Rehabilitation. The source of all funds is the Wastewater User Fee Fund 414. The intent of the proposed work is consistent with the Wastewater Capital Budget funds for FY05 as approved by the Board on September 23,2004. - GROWTH MANAGEMENT IMP ACT: There is no impact on the GTowth Management Plan. RECOMMENDATION: That the Board of County Commissioners, as Ex-officio of the Governing Board of the Collier County Water-Sewer District: 1. Award Bid # 04-3716R to Hannula Landscaping, Inc. for Installation of Irrigation and Landscaping at the South County Water Reclamation Facility in the amount not to exceed $184,032.09 and authorize the Chairman to sign the standard County approved contract after review by the County Attorney as to fonn and legal sufficiency. 2. Approve Budget Amendment to transfer $138,016.09 from Project 725341, 2005 SCWRF Rehabilitation to Project 725071, South County Water Reclamation Facility Irrigation. Both Projects are in Fund 414. PREPARED BY: Karen B. Guliani, P .E., Public Utilities Engineering, Senior Project Manager --- It.m Numb8r Item Summary M..ting Date AgenrJ fi Hem N{}, 1 &C3 Jßnllary 11. ;W05 Page 3 oj 13 COLLIER COUNTY BOARD OF COUNTY COMMISSiONERS 16CJ Re¡;(lrnrl\~~~datÍ{)" to aW;;¡l'd Bid ~ 04..3716R tÇI H"I'nu¡::õI~;¡ml1t~<lp¡ng Irt:; 10" In&t~L!I:¡t!lor) nf Irr'OiltICJI1 arF1 L.,~tI(i'Cil~~n¡; at thl'! S'lUth G()IJllty WilT¢!r F~~r.Jal'll;;¡tlot¡ Fa"llit)" ¡lrHj tu at1pmv~ 01 bUl1ge\ amer¡dment for totaj pröJí:cl fund.. ;., fh~ ilmC-Ui1t of $1 84,D32,09, ;:'ro e.:t 72507 '1 1/11f20059 0000 AM Prepared By St'11iof Pro l:!ct Manüget t2/16/200<1 11:)$:65 AM Katen l~, GuHaM1, P.E. !olutHlc UtlllUel. Oate ~'ubf1G Utilities. Enofne~rlng Lyr1 Wood flure.hMing A.~nt Oatn Approved B)' AdminlltraUve Se,vice, Purchulng 12{16/200'¡ 1 :46 PM Approved By S>'!'nlot F'toJe-ct MlI.nag'\!r tJat~ f'atfrrSc"..lt Public Utllilì(!,' . Public Utlllliet Eno{ru,erlng 12,11612004 2:2<'i PM JUIlt!'pl'1 S. C"e-atham Wa.'llew;l¡ker Dllech)1 Dðte Approved By P\lbllf:UIUltI.,. Wu,tr.Waltlf Tnt.lm~n 12110120045:06 PM PUlchulngJGel'\tual SV<:!I Ulfe-c:~tJr Olltll Appro\'td B~ Stevecarmtl! Admlnl"tratìvr. Ser"!!:;"'$; Purr.hal¡j"g 12/'1 )/2004 5:1R PM Qperltttonli Olret:tDt Dale Approved By Thcmu WIde-ii t)ubtlc UtIHU". Public Utllltln O~f.tlons 12f1 1/20040:51 AM Pubj c tJtiUtle1>'Enginecrlng D1rlfctcr DatI! Approved B~' Roy B. Anderson, P,L r~uþfic UÞlltle. ,",utl!!e; Utilities Engineering 12111(20041:26 PM Public Util1tht," Adminl\¡tratoT Dalt: Approved By JlI\mi!' W, DeLony l)ubUc Utlllfjl!'lo PublIc Utlhfle" Admlnl.su..tion 1211'1'2004 ":26 PM ONB Coo~d r1IItol Adminl,.ttaUvt- Anl..t"nt Delft' Approved By Cuunty Managar'tj O!'f'\ce aMc. or h4anllgelnent & Budget 1212 1/2004 3:28 PM S.nlor M2II'13gementfHudget AnQlY5t Date Approved By &U5ø.n Ulher C:olnlly Mnn*-I)ltr'$ DMr.e OfficI! of IA ¡n¡agrrn1elll & Oudt¡ tlt 12122J200" 4:26 PM MaJ$lIgøml'nl & Duault!'t Dlreç:t(lr Dille Apprond By MI~lIa.. Smykowlfkl CØu"t)llJl.nagll'f$ Offh::1'1 Offlt:/!! cf M..,nqemllnt & Budgflt 121J 112004 12:25 PM County Manager Cute- Approved By Jatn!!iIi V, MudlS !3o.rd of County Cømnllll:llDfUrtl ('.ounly M;" "llllr'~ Office 12/311%0043:04.01 PM GulianlKaren Agenda Item No. 16C3 January 11, 2005 Page 4 of 13 From: Sent: To: Subject: Gail Boorman [boorman@comcast.net] Thursday, December 09, 2004 8:40 AM GulianlKaren Re: Bid 04·3716R "Install South County Water Reclamation Facility Irrigation and Landscaping" Karen, I have reviewed the attached bid sheet and find the pricing to be reasonable. Hannula is an experienced contractor with public works projects, having done several roadway landscape projects for Collier County. One is the Airport Road North landscape project, which this office designed, and Hannula has worked steadily on the job and responded to the County's requests for various items on the job. Their irrigation crew is very experienced, and the landscape crew as well. I think they are quite capable of doing a good job for you. Best regards, Gail ----- Original Message ----- From: "GulianiKaren" <karenguliani@colliergov.net> To: "Gail Boorman (E-mail)"<boorman@comcast.net> Sent: Monday, December 06, 2004 8:14 AM Subject: FW: Bid 04-3716R "Install South County Water Reclamation Facility Irrigation and Landscaping" Hi Gail: Hope all is well. This is the only bid we received on the re-bid of this project. Please review the attached bid tab sheet and provide a letter stating that fees are reasonable and that Hannula is a responsive and qualified (mention experience with county, etc.) Please call to discuss. Many thanks, Karen > -----Original Message----- > From: HebbeSue > Sent: Friday, December 03, 2004 10:31 AM > To: GulianiKaren > Cc: wood_l > Subject: Bid 04-3716R "Install South County Water Reclamation Facility > Irrigation and Landscaping" > > Karen > > Here is the tab sheet for the above referenced bid. I thought you might > want to see it. The hard copy of it and Hannula's proposal will be coming > to you in this afternoons inter-office mail. > > > «Bid 04-3716R Install SCWRF Irrigation and Landscaping.xls» > > Thank You > Sue 1 Bt/o 12-H A A../ eSrtHATE r. Agenda Item No. 16C3 . January 11, 2005 Page 5 of 13 ~ r Date: June 14,200.4 To: I<8ren Giuliani fAX t: 530-5378 From: Gail Boorman A GAll.. BOORMAN & ASSOCIATES, P.A. UOO F1FrH AVENUE SOunt, SUITE 201 NAPLES. FLOIlIDA 34102 (239) 263-2242 FAX (239) 263-6730 .mall: Þoormanþomcøat.net TELECQPlER TRANSMITTAL Job .: So. County Water Reel. Facility Time: Pag..: 4 ORIGINAL WILL WILL NOT XXX BE SENT VIA US MAIL. ITEMS BEING SENT: 600/. cost estlmate~. SCWRF landscape and irrigation plans "---IF YOU DO NOT RECE!lve THE! TOTAl NUMBER OF PAGeS Ll8TEþ6H. ........... ABOVE, PLEASE CONTACT JOAN AT THE NUMBER ABOW·......·..... COMMENTS: .- Karen: Attached is a breakdown of our 60% coat estimates for the project, In summary: .$ Sase Bid: Irrigation: $81,184.32 / I ¿, 1 ~ lPD .3 .;t Planting: $49,426.00 f Rock aren: $37,350.00 Alternate #1: Irrigation: $ 5,257.78 (bottoms of delentlon basins) Pleae let me know if you have additional comments. We are proceeding with the 90% set. Thanks, Gail ¡,J mAN!< YOU. ^' GAIL BOOR.Mm & I\SSOC.. ~---_........_.^'".. . ~~~ ~n Ir ( ) 0) « 1 : ! ! I i , I I I , , i I 818, 88'8 1818 181881' ~ gg; ~~~I ,U U~ I JII, i -- - ,::I j::il::i Ii: iŠ rtl~II~I~-~~~~ini =N ðN' . ~~ '~~j: I'~i ~n, äi .... ....~ ,... CII E =I~ 1= ~ -, =Iš 1= ~I= ~ I 15i~1 15,~11 I § ~ld5 ~Iil 'F L.: > I 0 i'~ I I i Ii'" I. " ! ì:.. ~I , I ' · . Iii" I~I ¡ ~ -g~ I I ,~o , ~ ' ,+ I- l~ :: Ii, I Ii I¡ II ! I II! I I' :e: i ~ II ~ ~ ,::) 1 ! I ¡!i' 1 i~r ~ 't) I 13 I ¡.g¡ I ~ itsf I !Æ c: § R , I I '~. i =;t ! , "Ii'í i ! 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I i i N po tit I ~I :; [,; . po C!- Ia .. tit i Agenda Item No. 16C4 January 11, 2005 Page 1 of 7 ..- EXECUTfVESU~Y Recommendation to Approve a Blanket Purchase Order with U.S. Filter for Maintenance and Repair of Odor Control Units at Both the North County Water Reclamation Facility and the South County Water Reclamation Facility, in the Amount of 5145,094. OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the 'Collier County Water-Sewer District, approve a blanket purchase order for maintenance and repair services by U.S. Filter with the intention that the odor control units at both the North County Water Reclamation Facility (NCWRF) and the South County Water Reclamation Facility (SCWRF) function at optimum condition. Odor control at the Collier County Water Reclamation facilities is paramount to exceeding our customer's expectations for odor abatement. Collier County Public Utilities has in place "Good Neighbor" policies with zero tolerance for odors in and around our wastewater treatment facilities. CONSIDERATIONS: .---- 1. The NCWRF utilizes three (3) chemical scrubbers and SCWRF utilizes five (5) chemical scrubbers for odor control of hydrogen sulfide and organic gasses that are by-products of the wastewater treatment processes. On September 26, 2000, (Agenda Item 16C6), the Board of County Commissioners approved the standardization of U.S. Filter chemical scrubbers for all Water and Wastewater Treatment Plants. U.S. Filter is the original equipment manufacturer of the chemical scrubbers at the NCWRF and SCWRF. 2. Due to the complex and proprietary nature of the chemical scrubbers, it is necessary to have trained technicians perform maintenance and repair of the chemical scrubbers on a regular basis. U.S. Filter offers a service of maintenance, repair and extended warranty of the equipment to maintain optimum performance. This includes biweekly service checks, repair or replacement of malfunctioning equipment, the supply of chemicals required, and troubleshooting odor problems that only U.S. Filter can offer for their equipment. U.S. Filter will be required to maintain the chemical scrubbers to factory standards. When comparing the past individual agreements with this consolidated service, maintenance and extended warranty value, there is a $200 per month/per scrubber discount. This reflects a savings of $21 ,600/year from previous service contracts with U.S. Filter. This is a comparable price that is common for all U.S. Filter clients throughout the State of Florida. _. 3. The alternative would be to create a fun time position with benefits and a vehicle. This position would involve the handling of caustic chemicals, which are very hazardous. Collier County would lose the extended warranty portion of the contract for maintenance, repair, and replacement of malfunctioning equipment. Troubleshooting odor problems would take much longer than for U.s. Filter, as they have the most knowledge regarding their equipment. Page '1 ". -~-_....,,~"....,_.,.." ...",.. Agenda Item No. 16C4 January 11 , 2005 Page 2 of 7 4. Staff recommends a blariket purchase order for maintenance and repair services by U.S. Filter for the chemical scrubbers at both the NCWRF and the SCWRF for an annua11ump sum cost of $ 131,904. 5. Staff further recommends approval of a 10% contingency ($13,190) to cover unforeseen acts or conditions beyond the control of the vendor (i.e., lightning strikes), which are not covered. FISCAL IMPACT: Total expenditures for this service are estimated at $145,094 and wiU be funded from FY05 NCWRF and SCWRF Budgets in County Water/Sewer Fund 408. GROWTH MANAGEMENT IMP ACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Co1lier County Water-Sewer District, approve the blanket purchase order for maintenance and repair services with U.S. Filter in the total amount of $145,094, which includes a 10% contingency. - _. Ag~mdA !lem No. 16C4 JanlJf.'Jr'j l' , 2(105 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number item Summ.ry 16C4 M..tlng Date kecomrt'6rH~at!( 11 to .t,ppr()~ it Blltrlket Pumhlille Order with U 5 Filt."r ",r MiJlll'tl!:!'iHIr.:P. and J.h;piII1r of Odor Contrl,! Ur'lils ôI\ botr> the N!)rUl (;t1ljnty W¡ t~, ReclarnaMll FiJr.iltty IIlld t¡'~ South Cc¡unt)' ¡/V¡¡tt:t R~clamatlon Facility. ¡M the amount of $145094 1/11120059.0000/-.M Prep....d By Date Marha U.rcla Ope,utlonw Ãnul)'~t 11.!1I:iDIJ.44:2'1:S8 PM t'ubll(; UtJIItlel. WasteW.te, Approved By JÞ1õeph e. Chutnam Wa'itewatlltr Director OlltÐ PUblic utmtlu. WaitlW..ter Trl!..tn,ent 12/8/Z004 5;06 PM Approved B~ Dale R. WaHer Troatmftf'lt Plant superJnrondent tIltlt Pl.lblic lItllUll!!$ WuteWatlrf 1 Z¡;¡2D04 10;35 AM Approved B)' Jon Pran: lrealmt!nt Plal'lt superintendent DiIIl" PlIbUt: IJIIHtill'1i Wnst(tWllttr 12/10/200410:31 AM Approved B)' lytlWoou PUICIUllóh'y Agent DatI!' Admlnllittatlllof! 8er'1¡"lu, Pu rch¡u¡lng 1Z11012004 3:2~ PM Appro\'ed B~' Steve CarrHtll Purchatiillo¡G~nerul avc , Dilet:tør Dale Âdm!nllftro,1tive Services I"urchrlsln{l 12,111200...1U:.41 AM Approved By Thomas Wion,,, apl'I'rllUon$ Dlreçll)r Dnte PuÞllc UtJIIUe, Public UUlntes OplDratipntr 12/17/2U041i1:J6 AM Approved By Jamtr1i W. DøLon')l Public. UtJIIUn... Admlnl,>uatar OØle Pubflc uttntltrlo 'ubnc- Utllltll!$ Adminl"t,..tlon 1211'rr.lO(l4 4:22 "'M Appro,'ed By OM!) CQO,dinator Admlnl5traU\'e Ant"tant Dnte County Manoger'iI omu OMce of Manogofment" Budue1 121221200410:51 AM Approved By Randy Grflenw.lld M..n~ementIBudge1 An31yst Oate c.ounty MII"IIOflr'1i Office om!:: ! of ,",unil.Ollnlcml & ßudYI.-t 1í!/22J;!'U0411:34AM Approved By Mlchul Sm)fkOW~lI.f Mllw!llJem.nt &. Budget Diruclur Dllte County MannQl~f ; Office 010t:1II or MClnll<, elnnnt & ßUdgl\f 12¡H1200.9'.12.ÁM Approved By Jat"t!~ V. Mudd C:olmty Manager Oilte Board af CtXu'\ty Co,,""!iIil. o'ltlta C'.alJl1ly MunlRgflr'.~ Omf:C! 121)01200.4 ' :t:; 1 PM as---- ~....- - . - --.....-.. ...~ ----~--~ .-. .-.... ~ ~... ~ _ _ _ -......ø ~ -- ........ ~ ~ ~ -- Agenda Item No. 16C4 January 11, 2005 Page 4 of 7 .-...-...--.-,., ...,_.~ ~"M___ .__...~~ ,.~~--_..._--~----. .-.._...~..., w~~.._...__, .~_ _M_"__"'~'H ..._"..~..._..,.. ... N_ .__.,._. N'''' N~_...~ . ...._~ .._._..._ __HH__...,..., _.,.._~...... h. ._....__.___._._~.....____., '_'_h' ....___..., "H ._...., .,. '...h____.NH.__.._...._. ,......_... .,._ ..__.H_.._....M FAX RJ ENVIRONMENTAL PRODUCTS 13100 GREGG ST. POWAY, CA 92064 TElEPHONE FACSIMILE '...._....~.,_._.. n,.. ,..____ '._..._._._._._._.._,.... 858-486-8500 858-486-8501 TO CC COMPANY FROM SUBJECT Joe Cheathem FAX Vaughan Harshman TEL Collier County - NCWRF DATE 09116/04 Margaret Berryhill PAGE lof Renewal of Contract for Maintenance Service & Acid Wash for 3 Odor Control Scrubber Systems S04-096 .___M.....H·__........n·.·.·.....·.·.._...__._.'._..H.. .'...'_.._.._........_....HW.. ..........................-.......-. ........---..-.......-...... .. ··...·..·............._.............h.·.......·....._.h......_........__...... ..-.. ·....·...__..__m.............._..__h................._.. ..........m..._.............,_.._ ............h.._......_,...._ Dear Joe: Your current contract for all inclusive monthly service for 3 odor control scrubber systems at the North Plant in Collier County, FL is expiring in Oct. 2004. Here is a proposal to renew your current seIVice contract at the North Plant in Collier County, FL. This contract will be from October 1, 2004 through September 30,2005. Please do not hesitate to call us if you have any questions or if we may be of any assistance. Sincerely, Margaret Berryhill Aftennarket Sales Manager -This transmission contains confidential information intended for use only by the above named recipient. Reading. discussion. distribution, or copying of this message is strictly prohibited by anyone other than the named recipient or his or her employees or agents. _If you have received this fax in error, please immediately notify us by telephone [collect). and retum the original message to us at the above address via U.S. Postal Service. Page 1 S~096 NCWRF.doc U~----- ----~- -- . .....=~~- ... - - - --.....", .- _ --. ~~-- Agenda Item No. 16C4 January 11, 2005 Page 5 of7 September 16, 2004 Mr. Joe Cheathem Collier County - North Plant Subject: Inclusive Service Contract for 3 Odor Control Scrubber Systems Thank: you very much for your confidence in US Filter/RJ Environmental Products and services. Weare pleased to offer this proposal to renew your all inclusive monthly service contract for 3 odor control scrubber systems at the North Plant. The service will continue to include the following: · Regular service visits to site as needed, at least twice per month. Service will include measurement of inlet and outlet H2S concentrations, and calibration of stack H2S analyzer, verification of scrubbing solution pH by grab sample and by pH controller, measurement of chlorine residual in scrubbing liquid, check and adjust makeup water rate as needed, inspect and clean chemical feed line wye strainers, inspect packing, nozzles, probes for scaling and fouling, inspect pumps and blowers for leaks and vibration, and perform all required routine maintenance including calibrations and lubrication. · Emergency response. USFilter agrees to have technician on site within 24 hours of notification. Please contact Scott Labelle at our Sarasota, Florida office in case of emergency. · Acid wash of scrubber system as needed · Replacement parts will be the same make and model as the original equipment · This service contract duration will be from October 1, 2004 through September 30, 2004. The service schedule will continue to be coordinated out of our Poway, California office using technicians and engineers based in our Sarasota, Florida office. Please contact Scott Labelle or Jim Pike regarding any emergency service requirements. Weare happy to offer this service at the same price as your current contract. The price per scrubber per month will still be $1,374 and includes all services as stated above. Please do not hesitate to call us if you have any questions or if we may be of any assistance. Sincerely, Margaret Benyhill Aftermarket Sales Manager -This transmission contains confidential information intended for use only by the above named recipient, Reading. discussion. distribution, or copying of this message is strictly prohibited by anyone other than the named recipient or his or her employees or agents. .If you have received this fox in error. please immediately notify us by telephone (collect), and retum the oñginal message to us at the above address via U.S. Postal Service. Page 2 S04-096 NCWRF.doc a~---- .-~-~ - --~ ~... ...,..~--- - ...... ~ .---.-- ... -- --~~ - .--- ~~... Agenda Item No. 16C4 January 11, 2005 Page 6 of 7 _......~-.._._.".__.._..__..__._...__....-..._..'..._--_~___.__...__..___,_.,....._H___.______.,._........._.._..---...--....--...............-.........-...--_.....__.,.............._........________..________...._..,.__..__._._.__._._............_.._______.__._.....__......_._........_......_'M' FAX RJ ENVIRONMENTAL PRODUCTS 13100 GREGG ST. POWAY, CA 92064 TELEPHONE 858-486-8500 FACSIMILE 858-486-8501 ..................-.--....----- TO CC COMPANY FROM SUBJECT Joe Cheathem FAX Vaughan Harshman TEL Collier County - South Plant DATE 09/16/04 Margaret Berryhill PAGE 1 of Renewal of Contract for Maintenance Service & Acid Wash for 5 Odor Control Scrubber Systems S04-097 ·__·........._....__'...._....h...... ........_.__...,._.....___......__... ..... '''-_n''''''''''''HH.... ... ...........---............----.......- .. ....··_~··~·..··,_·_..._..Œ... . ...... ·.._·_··_··'~..·h_,.h_ .. ·~·._....."...h··..._·..._.~_..__n._........ ..........-...-,..._____h..~.._..........~...............__H...__n__..._....._... Dear Joe: Your current contract for all inclusive monthly service for 5 odor control scrubber systems at the South Plant in Collier County, FL will be expiring September 2004. I would like to submit this proposal for to renew your present contract. This contract will be from October 1,2004 through September 30,2005. Please do not hesitate to call us if you have any questions or if we may be of any assistance. Sincerely, Margaret Berryhill Aftermarket Sales Manager -This transmission contains confidential information intended for use only by the above named recipient. Reading, discussion, distribution, or copying of this message is strictly prohibited by anyone other than the named recipient or his or her employees or agents. _If you have received this fax in error, please immediately notify us by telephone (collect), and retum the original message to us at the above address via U.S. Postal Service. Page 1 S04-097 SCWRF.doc - u.~---'" .--.-.- - . / III.'. ra&- ... __... _ --.....r _ - -..., ~ ---- -- Agenda Item No. 16C4 January 11, 2005 Page 7 of? September 16, 2004 Mr. Joe Cheathern Collier County - South Plant Subject: Renewal ofInclusive Service Contract for 5 Odor Control Scrubber Systems Thank you very much for your confidence in US Filter/RJ Environmental Products and services. We are pleased to offer this proposal to renew your present contract for all inclusive monthly service contract for 5 odor control scrubber systems at the South Plant. The service will continue to include the following: · Regular service visits to site as needed, at least twice per month. Service will include measurement of inlet and outlet H2S concentrations, and calibration of stack H2S analyzer, verification of scrubbing solution pH by grab sample and by pH controller, measurement of chlorine residual in scrubbing liquid, check and adjust makeup water rate as needed, inspect and clean chemical feed line wye strainers, inspect packing, nozzles, probes for scaling and fouling, inspect pumps and blowers for leaks and vibration, and perfonn all required routine maintenance including calibrations and lubrication. · Emergency response. USFilter agrees to have technician on site within 24 hours of notification. Please contact Scott Labelle at our Sarasota, Florida office in case of emergency. · Acid wash of scrubber system as needed · Replacement parts will be the same make and model as the original equipment · This service contract duration will be from October 1, 2004 through September 30,2005. The service schedule will continue to be coordinated out of our Poway, California office using technicians and engineers based in our Sarasota, Florida office. Please contact Scott Labelle or Jim Pike regarding any emergency service requirements. Weare happy to renew this contract at the same price as your current contract. The price per scrubber per month is still $1,374 and includes all services as stated above. Please do not hesitate to call us if you have any questions or if we may be of any assistance. Sincerely, Margaret Berryhill Aftennarket Sales Manager _This transmission contains confidential information intended for use only by the above named recipient. Reading. discussion. distribution. or copying of this message is strictly prohibited by anyone other than the named recipient or his or her employees or agents. .If you hove received this fO)( in error. please immediately notify us by telephone (collect). and return the original message to us at the above address via U.S. Postal Service. Page 2 S04-097 SCWRF.doc Agenda Item No. 16C5 January ii, 2005 Page 1 of 5 ....,..""'. EXECUTIVE SUMMARY Recommendation to approve a resolution authorizing a loan agreement with the Florida Department of Environmental Protection (FDEP) for construction costs associated with Goodlette Frank Road Force Main & Reclaimed Water Main and Pump Station 1.03 projects; EstabUshing pledged revenues; designating authorized representatives; providing assurance; providing for conflicts, severability, and effective date. OBJECTIVE: To have the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve a Resolution authorizing signing of a State Revolving Fund (SRF) Construction Loan Agreement with the Florida Department of Environmental Protection ("FDEP") for construction of the Goodlette Frank: Road Force Main and Reclaimed Water Main, improvements to Pump Station 1.03, and designating an Authorized Representative. CONSIDERATIONS: -- Collier County's Water-Sewer District has identified wastewater facilities improvement projects to be implemented over the next twenty years. These projects were approved as part of that Master Plan adopted by the Board of County Commissioners on May 25,2004, BCC Agenda Item # 10(C). The Board of County Commissioners adopted its Fiscal Year 2005 budget on September 23, 2004, and these projects are included therein. The Board of County Commissioners approved Resolution No. 2004-170 on May 11, 2004, (BCC Agenda Item # lOB) to authorize submission of the Loan Application to the FDEP to procure the low interest rate SRF loan for these projects. The application requesting the loan has been approved by the FDEP and staff has received the proposed Agreement to be signed on b"half of the County and be returned to the FDEP. The interest rate on this SRF loan is two and 92/10Oths percent (2.92%) per annum. FISCAL IMPACT: The Resolution authorizes a construction loan agreement in the amount of six million, two hundred seventeen thousand, six hundred and fifty-eight dollars ($6,217,658), excluding capitalized interest. After the County signs this Agreement, the annual debt service applied to this loan is estimated to be four-hundred twenty-four thousand, one-hundred and thirty- two dollars ($424,132) for twenty (20) years. -' Agenda Item No. 16C5 January 11, 2005 Page 2 of 5 GROWTH MANAGEMENT IMPACT: These projects are consistent with Growth Management Plan's goals. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve the attached Resolution authorizing signing on behalf of the County of the low interest SRF Loan Agreement with the Florida Department of Environmental Protection to fund the construction of the Goodlette Frank Road Force Main and Reclaimed Water Main, improvements to Pump Station 1.03, and designating the Public Utilities Administrator as Collier County's Authorized Representative to sign the Agreement on the County's behalf. Prepared By: Date: Bala M. Sridhar, Sr. Mgt. & Budget Analyst, Public Utilities ,,,,- ,...-" ttem Number It am Summ.ry M..tlng DIta Agf:?nda Hem No 10C5 Janu:;¡ry 11, 2005 Pag~ 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16CC Rf\4mmt lt!r¡lj,~\i(!I' r:) í~DPWV" iíJ tl!';{l{Iluhon óIUtrIO/'I7.ltlg ¿¡ Îo;¡m agre~!y¡~ "\t ..,Iirth th~ Flc¡ril1i1 nep¡utrn"'I~ (;t EnWI)I\lner,tnl prot~cHQI' (FI)EI·') tor (;nrl"tn (~¡oro (;¡)¡¡tf> íl'EòHO(;¡otecJ >,',Ilth Gnodll!lt1." Frank Ro.ad Forr.f! Main & Re:cl.aimed Wate" Main ,¡mj Purnr'l Station 1.0~~ prr,¡jl' r,.IEi E~18biisl,in9 pltidged r'.!NenUCJ5; d(!~i~natl"g .authorized r~prctientatilles: providIng a'6~uran~l!, prO\'iding ~"r conrlic.ts &everability_ and e1'ft:Jctive dat~ (.$e,Z17,£58i 1/11f200(3 $1'00'00 AM Prepared 8)' 'enl!)f MlIl'luu.mltflUBudgltt AoalYllt 1219/20D44:10:4.4PM a.l" SrIdhar Public Utilltid'\ Oate Publir. UtlOtil/lS Opðr.tions a..11I SrldhiU S~l"Ilor Ma""'onmMHBt.ldg~1: Ann!)"sl OntfJ Approved By Public UtUlUfl5 Pub/II; Utilities OptlrêJtJonió 1219;"-OU4A-~1oi PM Prh"!c¡"nl Ptojet:f MIIM'\Jet D...I.. Approved By WIIIJaITlÐ,MlJlllo,Pf. I'ublic Utllltln PUblic UtilIties En'ilillcwl'flnQ 12¡1JIZO\l.4 8:14 AM PtOJttetMlllnt1giQ'f ".., Approved By Shanthi Sridhllr PublIC UUlltieti Public Uttl111e~ EngilJc!lulflg 1:2J1312004 10:61 AM Op~'raUoni D r~tClr Dale Approved By Tholna5 Witte. PubU.: UtmHn Public Utllltle$ Dperullonll 12H6J2004 4:·U PM Public Utllltl,., Ädmlnlsltoltol Date Appro,,'ed By J4Mf!$ W. Oel,ony Public UtHlthw PI/bllc Utllltletl Adl"!OI&tratio" 12/17/20044:23 PM OMB Cocrdlnœtof AClrninls.ttlilflVe A"'~lìtltnt Cate Approved By <':aL"1ty Mõlnar¡ør'!f, f)ffir.c: (')ffice ('If Manllf cment &. Budgltt 12121/:100.4 3:0& PM Approved By Stunltl Ushtlr Co""ty Man.get', ()tf' r;e $1I!,,¡ot M(:initgell'lP.t1t1t~\ldgct AI¡8!y»t D«\e CJl'fit;e of Manngerntmt " Blld~ot 12/2212QI,M 2;50 PM MIr.hitC!1 Smykow$kl thnU'ileftmnt'- ÐlJdgt:1 Director Oate Approved By County M.maRC!r's OfficII omcC! ofMan'RltmClnt& ßudgat 1U22120Q.4 3:24 PM Approved By ,Iarneli V. Mudd BUlrd of County C;omml!l~jonll'r, Caul"IlW'M.ll1aorH Datil': COUI~tv Mlllnoloer's. ONit.e 1I4120D69:31 AM Agenda Item No. 16C5 January 11, 2005 Page 4 of 5 RESOLUTION NO. 2005- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING SIGNING OF A LOAN AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCE; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE WHEREAS, Florida Statues authorize loans to local government agencies, including Collier County, to finance planning, design administration, and construction of water pollution control facilities; and WHEREAS, the Florida Administrative Code requires authorization to establish pledged revenues, to designate an authorized representative; to provide assurances of compliance with loan program requirements; and to enter into a loan agreement; and WHEREAS, the State Revolving Fund loan priority list designates Project No. WWS9717S as being eligible for available funding; and WHEREAS, Collier County, Florida, has applied for and intends to enter into a loan agreement with the Department of Environmental Protection under the State Revolving Food for project financing. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX~FFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT AS FOLLOWS: 1. The foregoing findings are incorporated herein by reference and made a part hereof. 2.. The Board of County Commissioners of Collier County, Florida, as Ex-Officio the Governing Board of the Collier County Water-Sewer District authorizes the loan agreement for a construction loan to finance the North County WRF Expansion Reclaimed Water Transmission System and Pump Station 1.03 in the amount of $6,217,658, excluding capitalized interest. 3. The revenues pledged for the repayment of the loan are the Collier County Water-Sewer District's net operating revenues and Wastewater System Development fees. 4. The Division Administrator of the Collier County Public Utilities is hereby designated as the County's "Authorized Representative" to provide the assurances and commilments required by the loan application. 5. The Division Administrator of the Collier County Public Utilities is hereby designated as the "Authorized Representative" to execute the loan agreement and subsequent amendments, which will become a binding obligation in accordance with its tenns when signed by both parties to the agreement. The Division Administrator of the Collier County Public Utilities is hereby authorized to represent the Collier County Water-Sewer District in carrying out the Collier County Water-Sewer District's responsibilities under the loan agreement. The Division Administrator of the Collier County Agenda Item No. 16C5 January 11, 2005 Page 5 of 5 Public Utilities is hereby authorized to delegate responsibility to appropriate staff to carryout technical, financial, and administrative activities associated with the loan agreement and subsequent amendments. 6. The legal authority for borrowing moneys to cons1ruct this Project is Florida Statutes. 7. Conflicts. Resolutions and parts of Resolutions, if any, in conflict with any of the provisions of this Resolution supercedes by this Resolution to the extent of all such conflicts, if any. 8. Severability. If any Section or portion of a Section of this Resolution is held to be invalid, unlawful, or unconstitutional, by an authoritative forum having such authority, such shall not invalidate or impair the validity, force or effect of any other Section or other part of this Resolution. 9. Effective Date. This Resolution shall become effective immediately upon its adoption. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of .2004 after majority vote in favor of adoption. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLŒR COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLŒR COUNTY WATER- SEWER DISTRICT DWIGHT E. BROCK, Clerk BY Deputy Clerk BY DONNA FIALA, CHAIRMAN Approved as to fonn and legal sufficiency: Thomas C. Palmer, Assistant County Attorney Agenda Item No. 16C6 January 11, 2005 Page 1 of 5 .- EXECUTIVE SUMMARY Recommendation to award surplus bid #S05-3722 for underground utility parts, in the amount of $1452.05, for the South County Water Reclamation Facility Expansion Project, 73949. OBJECTIVE: To dispose of excess parts and materials remaining at the South County Water Reclamation Facility site. CONSIDERATIONS: On May 8, 2001, Agenda Item 16 (C) 16, the Board of County Commissioners (Board) awarded a Construction Manager-at-Risk Contract, 00-3171, to MWH, Americas, Inc., (fonnerly Montgomery Watson Americas, Inc.,). On October 9, 2001, Agenda Item 10D; the Board approved Amendment 1 to Contract 00-3171 for construction management-at-risk services. Amendment 1 established the Guaranteed Maximum Price (GMP) for construction of the South County Water Reclamation Facility Expansion Project. Change Order I was issued to provide payment and performance bonds in the amount of $139,241 and was approved by the Board on July 11, 2002, Agenda Item 16 (C) 4. Change Order 2 was approved administratively for additional contract time of 200 days. ,.,...-.., We are now nearing the completion of this project, and there are excess pipes, fittings, and materials remaining on the project site, some stored from previous projects. Many of the pieces were cut, or are surplus "project specific" pieces. MWH felt that these parts had no value. Other Public Utilities Departments were contacted to determine if the materials could be salvaged for use on other Projects. Staff from the Water Department looked at the materials but was unable to find any that they could use. Parts that were suitable for use by Natural Resources for their reef projects were sent to the County Landfill Reef Pile. The remaining materials could either be stored for possible future use, or bid as surplus material. In an effort to clean up the project site, and due to lack of space to store excess materials on site and the unavailability of storage at other sites, it was determined that the remaining materials would be bid as surplus material. Pursuant to Chapter 274.06 Florida Administrative Code Statue - Alternative Procedure, a Notice of Sale of Surplus Property was sent out on November 10, 2004, for Surplus Bid S05- 3722 - Surplus Sale of "Surplus Underground Utility Parts." One bid was received in the amount of$1452.05 from Larry Silver, Industrial Broker. FISCAL IMP ACT: A budget amendment is required to recognize unanticipated revenues generated from this sale and increase project appropriations in the amount of$14S2.05. Funds for this project are included in the FY OS Wastewater Capital Budget approved by the Board on September 23, 2004. GROWTH MANAGEMENT IMP ACT: This work will have no impact on growth management. -. . .._~~._","'_.....,~,-"~...._'~ ,,~- Executive Swnmary SCWRF - Surplus Bid Page 2 Agenda Item No. 16C6 January 11, 2005 Page 2 of 5 RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District declare the remaining underground utility parts from the South County Water Reclamation Facility Expansion Project surplus and award Surplus Bid S05-3722 to Larry Silver, Industrial Broker, in the amount of$1,452.05. PREPARED BY: Alicia Abbott, Public Utilities Engineering, Project Manager -"..-... ,-' Ager.aa Hem No. 1CC6 January 11 , 200~i Page 30f5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Iwm Number Iwm Summ.ry 16C6 MHtJng c.. Ri!(;olnlT1ef'ldatlon to award S:.JrpiU8 bEd __SO$-3722 fo! undtJrgroUf1d utlll'.y p¡;u1¡¡:, in the amount of !ì1 ,452_05. for the SClJth C.ounly W¡Ut;r R~danl¿'lll(¡n Fa~~lily EJ:pan'Slor-, Project, 73949 1/1112005 f)'OO'OO AM Prepared By Dill!' Alicia Abbott, E.I. PrefClct M~r1a;l!'r 1:.1f1ijr.lO004 .4:51:4Ø PM r~ubnc Utilities Public Utilities E.ngmnr¡ng Approvc:d By .Josftr'ln e, Cheatham WÞ1~Waler ()Irector D.t~ I'ubllc Utl1lUu WuteW,.tef t,utm.ent 12/16(20045;53 f'M Approved By l.yon Wood Pur<:hulnR ^1iJ~nt O~le AtJlnll'lllotra1fv6 Sl:!Irv çeilo PUlch."lnu 12117/200.(.9:53 AM Approved By rhomatì Wides. OpftliltlOMiIo Director Oat. Publlr; Utmlll!l$ Public lItllllht$ r:>'"tnIUøn~ 1l.'17f2tW4 i;65 AM Approved By William Ð. Mumn, PE-: Prh,c!pal Project Manu"er Dale PUI:!Ut;UIIUtlttG PublIc IJUlJtiel> EnOiotmrlr,'iJ 1::1J1Ult'.i04 ~1:02AM Appro\-'oo By S!ev~ CarntlH PUfI:-h.$II'I':I:/Gcme'~1 $\lCtl Olrec:tar (J1I[tt Admh\lf>trat\ve Servlc,e, PUfchas.lr.g 1ï:/17J20M 1:06PM Al,proved By Roy F.t Andel/HIM, fI.E': PubUc lJtlllhr., f.nglrHtClrlI'lO DlrMtor Dolt.. F'ubtICU@1'IE'i Public Utllltle~ EnQlnurhu, : 121111i!OO.c1:2ò'.'M Approved By JamG.~ W. O..lony Public UtlUtif!1ó Admlnistrðtof 0.,. '~utJnc UUIJllu Public Utilities Admll\ll.tratlon 12/1712004 4:16 PM Appro\'ed By OMB Coordlnntor Admlnhitrllltlvtl AIi.'J,15tant Dlate: CQt.mfy Man.ger'!. Otnce Oltlce of Mltnagement & SUdg"t 12f22120Q410:S3 AM Approved By Sunn U¡;het Semi!)r ManagtlmentIBuóQltt Anllvst 0.,_ County Manag1u'" 01'l'1(:e ornce or ..hmugel1lfwt & B\JcluII!!t 12'22:/20c.4 4:J:I PM Approved By Michael Smykow,kt M.Jrutgelnent & Budget L:mector Date County MtlnltDnr'li OffiCf!o OI1'lÇ" (If Mun~gnn'4Int &. BudgEt! 12127 200A S;MI AM Approved By Jam.!! V. Mudd CouI,ty Man;lger Da;lt Boud af Caunty Camtnlulon.'1i (.;()unty Mnna9<H'ç Otf1CIt 1I4f~01J6 \'1:311 AM WI.nI.Q ÜO¡e .... WON.... " "-: .;r i O~I, > Z~ ëii E æ UJ c::~ $::¡CI) - c:: 0 fI) CO ro:cl CD -0"""')00> a¡ Z ~ OJ 0 <:: CO c.. ~ 8!. =ª' :s :J '0 c: ::I ~;; Cl)0 'ON c: _ :JO fl)C'? ::I '- _ CD c.. .c :; E (/)CD = > N 0 NZ ,.... C'? .. I CI) Ll)::I 00 (/)(1) -0- ._ ro teO ~ =:::0 I!!~ a.0 ..... c: ... o CI) '.c L.: E CI) g! 0>0 ~Z Q :iE .. Üi CI) fI) .~O ea. a."æ CO o I I I I I ¡ i I i i ! I I I ! I I I I i I I I i ... I() CD I .....10:: 0 g! e N I() =CC 'V_ (/)- CO .... ~E ~ I '- 1/1 m ::I ...J"t:I c: I III I I I c. E ::I ...J - UJ it: I I~ I :cI :J '0 c: I ::I r- e ª) I ~ CD '0 c: )::: :J UJ I ~' , :::s !ë I ::I ~~ en - c - ~V I 0 0 -- m - l'lf u; I " UJ I - CI) ~.5 C,a. I ~,~I I CD 0> CO a. .... - o .... --S!5 ~ ~ ,00 -NIJ'"} Ó"':Q) Z"-~ E i::'Q.. Q)ro .....:J -c: roro "0""") c: Q) OJ <í IUf '-' 01 "It' 01 ~ ... u ~ .S' ... ~ "¡ ... .- i u - In II- ~I- . .., . '''1 8 -... ....~-,._- -".... ....., .. 3 ~ "'- ~.", ,..~. W) g . eN t:: 'M.8... N 8~ N ~ "'''''''Iii., ... 8~ N ..' . . ..w.··· """" ",qU I.,. -~ 'r ".... . "^.,, f' ~ ¡..-..-; __m._ _ .. .. I·· = e .- Ø:I = ,. a- ;¡¡'¡ ~ U rIJ If-- N ~ o to) !i ~ ,_., ,.. "'I" . ... "".. I ,_. ." .. "'T -.."". '" "., "T,"" '1"" -.-. ".,,, f··· ,.,.".,. c j i = f 'a 3 - ., ,..." ,. ..-." '" c: 'c ~ III ::;) 'a 3 'a r CD t:. =- Ë It !.W 1, ¡ Q g o ~ ~ tit Î~ -::I I~ Š,; ! i c3~ ItI .. ~ ;t .. å ... è\ ~ ... tit 'r'" . '..' . . "- '"'''' ."., j â ! o o o ~ ... ... 3 fI)!' f_ i IJ-I! oê, w:g I i fI)~ it g i . i c:! BID Ja: 8S! 18 %! !8' I <3 -:g ,"'''''''''''',<'.","" . . ... ~ = ... = bå =':D :¡:;ea :I E "aea c- ë~ ~... CD'; ~!: ~þ .as NO ~o eII),c u\'S 00 ¥lCl) "a CD .- fj J:2... U)~ :1- . _ .CÞ e-~ : :I 'eII) U) It) ..... N 'E"'J ca:;¥ ~ .... ...... ca 0 e S1:a.. C :I C o 0 .9 :¡:;EU) cacaC "aCD!. c,c>e CD....W E C E '-:' Þ O~= u 't: 'u Scaca ... a. u. N .... W) Ii ! ;: o - .. Ji 'I 11 J: ID E E o ø D:: j i "ë' IL Agenda Item No. 16C7 January 11, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve, execute and record a Satisfaction of a Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $10.00 to record the Satisfaction of Lien. OBJECTIVE: Recommendation that the Board acknowledges full payment and executes the Satisfaction of Claim of Lien. CONSIDERATIONS: 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 of Collier County, Florida, recorded the Claim of Lien in the Office of the Clerk of the Circuit Court of Collier County, Florida. SEE ATTACHED EXHIBIT II An - Full payment and satisfaction of this lien have been made. The County Attorney's Office has reviewed and approved the Satisfaction of Claim of Lien. FISCAL IMPACT: Payment in full for this Claim of Lien increases the cash flow in the County's Sewer Impact Fee (Fund 413) by $1,100.00. The fiscal impact for recording this Satisfaction of Claim of Lien is approximately $10.00, which is to be charged to (Fund 408) the County Water/Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of this lien and to surrender the same canceled, and to direct the Clerk of the Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfaction of Claim of Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service - Agenda Item No. 16C7 January 11, 2005 Page 2 of 5 2 Ag<.!nda tlem No 16Cl Jr:I'''IIJat"'.' 11 ;:ÜOS Page 30! 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16C7 k€.:;()rn"'eri!jaticw~ to ¡¡ppmvl!' exer:íJl!!', iHlI' r~:;·~rd a t,¿ (,,,j,,,:'tk'11 c.; ;! Notl{:f' of ClaHn 01 L'e" I(or S,,;nr;¡;,'Y S"'W~f Gy!.t~m ¡rnp¡¡c1 Fee r··i,;.ca fr.~:wd ;~; "'"0.(;0 tD le(l)rd the SatL~j¡1f~1¡OI~ ,)' Le~ Meeting Dale 1!:1,':;OC5 9 DC 00 ÞM Pn.-psred B~[ Oat, Pam Callis R(J\I~no{! 5upørvi'!or 12!14J2(10~ 4:0..:27 PM Public Utihties. uecs Appro"'cd By Teres.i'! Riesen Rí!ve.\ue ManAge, Dille P\lohc Utilities uscs 12.1151200,",8:0.4 11M Approved By John A. Ve>nlÎ()sky Utilitv BWin~ Dire<:'1ùr Dat¢ Public Utilities UBC$ 12!16/2004 10:19 AM A,lproved By n10m3:S 'Njd\!'~ Operatfol'l~ Dir~ctol O"It- P\lblic \Jlilìt¡~¡¡ PUhlic Uli!itl\!'!i Dp~ral.iorn 12i17!2004 8.111 AM Appro\o'ed By Jarnt!~ W. Delon)! Public Utllilles A.¡jlnin/!.Irato( Date PubUc Utllilic~ Public l1tU¡¡i{!$ Admình.tratirm 12!17J2004 01;2.<; PM Appro\o'ed By OMS CoonJlnatOl AdITlinistl-atlvt!f.!.is.fJôI..nl Dðle C(lunl~' Man<lger'~ OffIce Office of Man¡;¡gemcr\1 S Budget 12/2112004 3:21 PM Appro\'ed B}' S.1J~.ln Usher 5t>nior "';)nagcmenIIRudgel An'liJ''>I Date' County M-dnagN'5 Oflice Office otM.ma' ell1ent & BlJdqet 12/22/20042:55 PM Apllroved By MIchael Smyliowskl Managemr:nt,¿\ BlJdgct Director DiJl1!' Counl~' Menager"s e'ffiÇe Offi<:e of Man:ilgement 8. Budget 12122/2004 3:19 PM Approved By James v. ','I\ldd County Mt.nil'i!'-" Date Bo¡ud of County (;ommis.sioners Counfy Manage"s OffIce 12.13112{104 1:15 Pf~ Agenda Item No. 16C7 January 11 , 2005 Page 4 of 5 EXHIBIT "A" 1. Hollie Diane Brooks, securing the principal balance of one thousand one hundred dollars and no cents ($1,100.00) plus accrued interest. Folio #26681840003. Agenda Item No. 16C7 January 11, 2005 Page 5 of 5 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Lien against: HOLLIE DIANE BROOKS 4090 COCONUT CIRCLE S NAPLES, FL 33942 The Lien was recorded on 30TH day of September 1994, in Official Record Book 1989, Page(s) 2145, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand One Hundred Dollars and No Cents ($1,100.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 29, BLOCK D, COCONUT GROVE, UNIT 3, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1753, PAGE 450 OF PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 26681840003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording ofthis Satisfaction of Lien, by action of the Board this_ day of . 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and Legal sufficiency: ROBERT ZACHARY ASSISTANT COUNTY ATTORNEY DONNA FIALA, CHAIRMAN ,.,..,.",,~ Agenda Item No. 16C8 January 11, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said lien is satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for a residential account where the County has received payment in full for the 1993 Solid Waste Collection Services Special Assessment. .-. CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides that a Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has been paid in full for the 1993 Solid Waste Collection Services Special Assessment Uen. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $20.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Uen for the 1993 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service AgemJa Hem No 16CB January 11, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16CB Rf!c()mrner;d,~ti(WI te ¡~d(~pl ¡¡ Res.ululion t<:¡ <It'prove trle: SafIUr.lt:i!ol"1 of ..Ii!'11 1(11" ;~ Sc)hd W...,.t€ les.irHmt'<11 a¡;f,ount wt'~l'eir\ the COlln!'f ri<Hi rer.elv~d pn~IYI~nt <IN! ~;.aid liðf1 m li<ltll.fJfHI ,t) tull tor thi: 1 ê¡!~:J Soiid Wj1fì;t!! Collecti(Jn :õ:nd DisPQsal S~r'Ji¡;'~1) 6pi:cial A$sfj'F.~,m~nt Fis(':¡'J' Impact 16 $20 DO to fe::;ord the Satl!ifactcn of Lien 1/11:200590000.t..M Meeting Dale Prep.red B~" tJat~ Pcun Ca.Ws Re"r.nIH! SU 1etvÌ$or 12.114120114 4:13:,11 PM Public Utilities. Uf.\Cf> Approved B}' Terr.s.n Rlp.;!,en Rp.\'p.nl.le Mitnal}fH Date pubnc Utilities UBCS 11.11/H2004 8;\14 ;\M Approved By John A y'c>nkosky UtUlty B/lUng Dlra<:tnr O.ate Public UtlllUes. UBCS 12'161200410:18 A.M Approved By rhom,¡ ~ Wide3 Operations Dlreclor Date Public UtUIt!~s PUII!!c UrIIl1les Op~t.th)f!" 12117120049:27 AM Approved By Jam£!$ W. ÐeLOIW fJ'ublic Utilities Ar;1mil1!sUatar Oat£! PI1b1!c lttllili("_'> Pubtìç Utllllil'!$ AdmlolHttatlDO 12/17120044:24 PM Approved By OM B CODrdlnatUl Þ.dn¡III!;¡¡trlltlvt! Ä5i$Is.t;¡¡nt Date County MBrm9~('!o Offlctr Offic:!!' of MaMg¢lT!ant & Blld~et 1:1f:!1{200.04 3~:<'U PM Approved BJ" Randy GIl!:tmwald Managt"ll'Ientil!Judget Analyst Oate COlAnly M.lI1Bgon. Office Ofr'lce of Management 3. BUdgltt 11121/200>1 :.U7 PM Approved By Mh:h:!lel !.1rnY'lowsld Miin,ugnmen! &. ßIJdgl!t Dirn<:lor Dillie County l\o1anager's Offlr:.e Ot'l'h:e Of Management If. BUdget 12/221200<iJ 3:06 PM Approved By James V. MUdd County Mtl.Mc;lef Date! Board (,If County Commi\.siaflers County Ma/1tlger's Office 12/30/2U04 4:1t1 PM Agenda Item No. 16CB January 11, 2005 Page 3 of 4 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 Property Folio No. 52851320000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Allan, George A=& Terri A 1767 Knights Ct Naples, FL 339620000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: KINGS LK UNIT 1 BLK F LOT 12 OR 1388 PG 1645 Folio No. Project No. Account No. 52851320000 63000 17792 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of ,2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIAlA, CHAIRMAN Approved as to form and legal sufficiency ROBERT ZACHARY RESOLUTION NO. 2005- Agenda Item No. 16CB January 11 . 2005 Page 4 of4 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfactions of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-694, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County Account No. 17792 This Resolution adopted this _ day of second and majority vote. , 2005, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attomey ....--'.",. Agenda Item No. 16C9 January 11, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the - Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the two accounts that have been paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $30.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the two Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the two Satisfactions of Lien for the 1994 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service .- Ag8nda Hem No 16C9 January 11. 2005 Page 2 015 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16C9 Rf!cmnmer,';atior. to adm)1 ¡¡ Rt!3(~IU~lon Ie· a~1"ctVe th~ Sutii,fê!c!lorlt. ()ll.I~fI tm Solid WaSTt: re',Lthmll<l¡ aC(:IJ'.;nrs whelf!in nIt' COUtlt.y hils received paYf!1er¡t and ß;;¡id Lie!'!.; ar~ 5atiHtj~IJ in full tor the- 19~M Solid Waste C-"I!t'!r..tjûn ;md rJlt,po$;,1 Services Speciai At>~¡eß';"TIp.r1t" í=i",,,.¡i impa(;.{ is $30,00 to re(;.ürd the SalLsfactlD"'s Of Ler; Meeting Date ','~1t2005 !HJ{) on ,A,M Prepared By Dale Pam C;,IH~ R~"'rnlH! Supen.ri$or 12114;1004 '1:'12:1.4 PM Public; Utilitif'fo IJECS Approved B}' Terr.sa Rll!'~ett Rp.v~"\,Ie Manillgf!r Oate PlIbtlc UtlUtj~s lJBCS 12!16/20ð4 8:03 AM Approved B}' ,Iohn A. Yonko5ky Ut!lj y BlUing Oir(!('.toJ Dat!!! Public UtUUln UBCS 12.'1&1200410:17 AM Appron'1J By Thomas Wld(!$ Operations Dire-ctof Date Public Utilities Public UtlUtlu Oþer;lltlol'U. 1,2/17120D4 9:14 AM Approved By Jantes. W, Delony Public Utiflties Adm¡"Is.trator Date Public lItUilif!s Public lItililit!So Adroinlstultit)1I 12!17lZQ04 4:2:'1 PM Approved By OMS Coon.lltlawI Þ.dn nl!ltruti1le A!is.h.tant Dale County Manag:p.r"t; Office OffiCi" of Man<l91!'ment & Blldget 1;tn1r¿oo,", 2:51 PM Approved By Rand}. Greenwi ld Management/BUdget Analyst Date t;almty Manager's Onic4'! Offi¡;:.e of Milf1agemem &. BudQltt 11121/20ð.t\ :1:.114 PM Approved By Mic.I¡4i.i!1 SrnykO\'{¡¡ki f';.,ma9(!menE 8. Bud9~ Ditt!clç.f Dale c.ounty Manager':s, OfflJ:e Office of Managennmt & Budget 12/22/2004 1 :57 PM Appro\'ed By James 'J, M\ldd County Man.lger D~te 80ard of C<'\UI\ty Commis.1iionllr,; County Manager's OffIce 12f13J20c.t 5:05 PM Agenda Item No. 16C9 January 11, 2005 Page 3 of 5 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attomey 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 Property Folio No: 39330400008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Cassin, William John 541 2200 St NE Naples, FL 339640000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 50 S 75 FT OF N 150FT OF TR 98 OR 1513 PG 1044, OR 1921 PG 761 Folio No. Project No. Account No. 39330400008 64000 13987 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this_ day of , 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency ROBERT ZACHARY Agenda Item No. 16C9 January 11, 2005 Page 4 of 5 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 Property Folio No: 45847880008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Morgan, Jackie L Tyrone A Morgan 131111thStSW Naples, FL 339640000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 193 N 105FT OF TR 76 OR 1341 PG 1942 Folio No. Project No. Account No. 45847880008 64000 15215 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~ day of , 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency ROBERT ZACHARY Agenda Item No. 16C9 January 11, 2005 Page 5 of 5 RESOLUTION NO. 2005-_ A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Uen on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 13987 15215 This Resolution adopted this _day of second and majority vote. , 2005, atter motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attomey "__0 Agenda Item No. 16C1 0 January 11, 2005 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $40.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments. ,- CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the three accounts that have been paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $40.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the three Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the three Satisfactions of Lien for the 1995 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service Age:ntJa Ilmr No. 16C10 Januarv 11, 2(105 Page 2 !)! 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summery 16(~,û R~cornf1H!r~jat¡(ln 10 adc,pt a R~s.I);j, I,II~n tc! ~Ipplove th~ S;ltUõt<l(:Ìj(Jr!tõ () !.Ien tm Soliej W¡Uitf! le,.;, (~enl¡;I; ai;CGUnt~ wherein Hie CO!ml,y II!!:; received r¡aYfl1er¡t ¡~nd !ì¡¡¡id U~nr, i:lr~ ~<ltiE¡fi~tj in fuli for th" 19B5 Solid Wßi>te C-Q!it'!r.ti{¡n and Di~.pD",al Sp.rvlr;e-t;. Sper;ial AMie5~.rY!Mlfi Fisc;!! impaç,¡ i6 $4000 to rewrd the Sailsfactiol'1Ei ot lier, Meeting D.te ':!¡1:2005 9 CO on AM Prepared B~' Uaflt! Pinn CaHi~ Ri!'vnIW(! SU~f"'I/is.ol 12!14120{ 4 4:0/!:!ì5 PM Public UtIBtlet. UBCS. Approved B~' Terr..osa Riesen Rcvenue Mttnaocr Datp. Public Utllltle,.: UBCS 12116f2004 B:02 AM Approved B)-' John A. Yonkosky Utility SiUinç mmdor O.ale Public Utmul!:Þ UÐCS 121161200' 10:15 AM Approved 8)-' nJoma$ WIde:>. Operations Director Date PublIc Utilities PubHc UtIlU e!S Opet.tlPfIS 12117120049:23 AM Approved By Jaffie!i. W. Delany Public Utfllties Admlnlr.trato.r Date Public Utilities P>.rbhc. UtllUics Admtnilitratilm 121171200' 4:2:1 PM Approved OJ' OMS Coø!'tlll1ator Adn1itlhltlative Aiir.bi.lant Date County Manm e-('S OfficI!' OfficI!' of Maní3g~munt iii Bodøet 12/21120042'49 PM Approved By RarH1y Greenwald M3I1a9~'nentlBudget An...l)'st Oatt! County Manager's f.)ffit:~ OMen aofMilnagement &. Budge1 1lllH2UI).oI 3:51 PM Approved By Mlctli"el 5mykowski M'mag~m.nt & DudgHt Dirr.<:!or Dale c.ounty Man2lger's Office Qffice of ManagerT\o!nt & BUdget 12¡2212QO.( 3:03 ~)M Approved By Jam(':'.'i V. MUdd C:ounty Manager Dntu Board (.If County Commj¡'liioner. Cuunty Managers Office 12n912004 6:18 PM Agenda Item No. 16C10 January 11, 2005 Page 3 of 6 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attomey 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 Property Folio No. 39330400008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Cassin, William John 541 22nd St NE Naples, FL 341203637 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 50 S 75FT OF N 150FT OF TR 98 OR 1513 PG 1044, OR 1921 PG 761 Folio No. Project No. Account No. 39330400008 65000 14766 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency ROBERT ZACHARY Agenda Item No. 16C10 January 11, 2005 Page 4 of 6 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 45847680008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Morgan, Jackie L Tyrone A Morgan 131111lhStSW Naples, FL 341172296 The Lien was recorded on the 6th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.69), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 193 N 105FT OF TR 76 OR 1341 PG 1942 18 Folio No. Project No. Account No. 45847680008 65000 16159 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency ROBERT ZACHARY Agenda Item No. 16C10 January 11, 2005 Page 5 of 6 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 52851320000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Allan, Scott 1767 Knights Ct Naples, FL 341125381 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk ofthe Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: KINGS LAKE UNIT 1 BLK F LOT 12 Folio No. Project No. Account No. 52851320000 65000 17899 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of ,2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency ROBERT ZACHARY RESOLUTION NO. 2005- Agenda Item No. 16C1 0 January 11, 2005 Page 6 of 6 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000-236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 14766 16159 17899 This Resolution adopted this _day of second and majority vote. , 2005, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: ROBERT ZACHERY Agenda Item No. 16C11 January 11, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-237 adopted by the Board on August 8,2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the two accounts that have been paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $30.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the two Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the two Satisfactions of Lien for the 1996 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service - Agp.mJa !lem No. 16C11 .JfJllLlary 11, :W05 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1<SG11 !-<~cornrner;,jatiö¡~ tn ólcj(!pl II Rt!s,()iiJ'lm, 1(' .approve: the Sóltif;f¡¡dlml!' i)!l.Ierl fl f S!)íil~ W;~$t~ re¡;uhmf;¡1' ;~CÇOl.ints \IIIhef~in ttlt! County Iws, re¡:ei'..ed payrn:!w a/1e ¡¡aid LEo!'!; ilr~ 5.¡¡li~¡ti~( in luii tor the 19[~E-; Solid V'Iaste C(]lier.;t¡I~f\ and (,I't.p!,)>;',1 Service!'. Spec!-31 A6s6ß~men(6 FisG,1! Impac; is $3000!c reoord the Sa,l$f¡¡,clIDf1¡; G~ lie'" Meeting Dllt. ·1.'11o'20()~ ~HJO OD AM Prepared B;\' O.atP.: Pilm Cjllli~ Rf!venllr. Sup*rvlso~ 12114120044:12:59 PM PubHr; Utmtie-s UBCf> Approved 8y Tetes" Rio!'l¡en R~\'enue Mana;}!!!r Oatt! Public UtIJiUes UBCS 12/16120048:0.. AM Approved 8y Joht1 A Yanko.s.lty Utllitv BWil1\t Oirl!'ctor Jail!! PUblic Utmut!~ uacs 1211õ/200410:11t AM Approved By Thomas Wides operations Oire-ctor Dell!' PUblic Ut1 tÚ~s Public Ufilftl*s Opelatiot!$. 12/17120049:25 MA Approved By James W. ì>eLor¡y Public Utilities Adminis.trator Date PubUc l!WìHr.$ Public LJtllilir.s Adml.,I!¡ftiltJl)o 12117I1D04 4:23 PM Approved 8y OMS Cootùlrultot AcllT!lnlstf<ttt!it!A.as.bl; lllt Date County Mannger''ii Office OM..!!> of !\hvIa9~m..,nt" BUdD(!t 12i21r'¿OIM 2:53 PM Apl)rOved By Randy Gfl!'l!nwu!d ManagetnentlBodget An..!)'!;t Date County M<lnager'" O:ffict> OffK:.c o~ Managemerll & BlJcI{jICi'1 12:/21120(1<13:5. PM Appro\'cd By Mlct¡al!! Srn}'llOwsk! Milnagemern &. Budgf!t Dirr.Clor Dale CøunfV Matlftgt!'r's Office Office at Managerrli!rlt & Bud\let 12!22/Z004 3:04 ~1M Approved B,., J.lmes V. Mudd CDUl1ty Mnnaç ~r ""t, Board of County CommiulOI1NS CounlY Mal18ger's OffIce 1213012UO<l 4:08 PM Agenda Item No. 16C11 January 11, 2005 Page 3 of 5 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 Property Folio No. 39330400008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Cassin, William John 541 22nd St NE Naples, FL 341203637 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 50 S 75FT OF N 150FT OF TR 98 OR 1513 PG 1044, OR 1921 PG 761 Folio No. Project No. Account No. 39330400008 66000 16382 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency ROBERT ZACHARY Agenda Item No. 16C 11 January 11, 2005 Page 4 of 5 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 52851320000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Allan, Scott 1767 Knights Ct Naples, FL 341125381 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: KINGS LK UNIT 1 BLK F LOT 12 Folio No. Project No. Account No. 52851320000 66000 19729 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circui1 Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency ROBERT ZACHARY RESOLUTION NO. 2005- Agenda Item No. 16C 11 January 11, 2005 Page 5 of 5 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 16382 1 9729 This Resolution adopted after this _day of majority vote. , 2005 after motion, second and ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: DAVID C WEIGEL, COUNTY ATTORNEY ,~, Agenda Item No. 1601 January 11, 2005 Page 1 of 14 EXECUTIVE SUMMARY Recommendation to approve a resolution to accept a donation in the amount of 5776.84 willed to the Human Services Department Services for Seniors program and approve the required budget amendment in the amount of $776.84. OBJECTIVE: Recognize and appropriate donation from a now deceased Services for Seniors client. CONSIDERATIONS: Collier County Services for Seniors Program has been providing Case Management and in-home services to the frail elders of our community fur the past 30 years. Our funding is based on grant allocations, and matching funds from the County Commission. A recently deceased client of the program designated Services for Seniors as one of the beneficiaries of her assets. Additional service is always needed as the elder population continues to grow. -- FISCAL IMPACT: FY 04-05 budget in the CCE project wi11 increase by $776.84. No additional matching funds are required. GROWTH MANAGEMENT IMP ACT: There is no growth management impact from this recommendation. RECOMMENDATION: Recommend that the Board of County Commissioners approve the resolution and budget amendment to recognize actual donation wi11ed to the Services for Seniors Program Prepared by: Judy Scribner, Case Management Supervisor, Human Services Department - Agenda Item No. 1601 January 11,2005 Page 2 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16D1 Meeting Date Recommendation to approve a resolution to accept a donation in the amount of $776.84 willed to the Human Services Department Services for Seniors program and approve the required budget amendment in the amount of $776.84. 1/11/20059:00:00 AM Prepared By Date Terri A. Daniels Grants Coordinator 12/22/200411:12:15 AM Public Services Human Services Approved By Barry Williams Human Services Director Date Public Services Human Services 12/28/20042:15 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 12/28/20043:01 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/29/2004 8: 52 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 12/29/2004 10: 00 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/31/20049:13 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/31/20045:26 PM Agenda Item No. 1601 January 11, 2005 Page 3 of 14 RESOLUTION NO. 2004- A RESOLUTION OF THE COMMISSIONERS OF COLUER DONATION IN THE AMOUNT ESTATE OF JEANNE A. SHINOL BOARD OF COUNTY COUNTY TO ACCEPT A OF $776.84 FROM THE WHEREAS, the Board of County Commissioners of Collier County, Florida, has received a check in the amount of Seven Hundred Seventy-Six and 84/100 Dollars ($776.84) which represents a donation from the Estate of Jeanne A. Shinol; and WHEREAS, the will of Jeanne A. Shinol provides that these funds shall be used exclusively for the Services for Seniors Program of the Department of Human Services (referenced in the will as the Public Services, Social Services department, Services for Seniors Program); and WHEREAS, the Board has determined that it is acceptable to receive this donation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNlY COMMISSIONERS OF COLUER COUNTY, FLORIDA, that the donation of Seven Hundred Seventy-Six and 84/100 Dollars ($776.84) by Jeanne A. Shinol is accepted and will be utilized for the County's Services for Seniors program. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA By: Deputy Clerk By: DONNA FIALA, Chairman Approved as to form and legal sufficiency: Ro33rY~ ~ Assistant County Attorney Agenda Item No. 1601 January 11, 2005 Page 4 of 14 OFFICE OF THE. couNTIf ATfORNE)( INTEROFFICE MEMORANDUM DATE: Barry Williams, Director, Human Services "'?~ Robert N. Zachary, Assistant County Attorney '1'- November 9, 2004 TO: FROM: RE: Donation to the Services for Seniors Program Attached is a check, number 5563, reflecting a donation to the Collier County Board of County Commissioners in the amount of $776.84. This donation is paid from the Estate of Jeanne A. Shinol and the wìll directly states that the donation is to be used for the Services for Seniors Program. I am also forwarding you the backup documents this office received along with a proposed Resolution to allow the Board of County Commissioners to accept this donation. You will need to prepare a budget amendment and an executive summary, and place this item on the Board's agenda for consideration. Please feel free to contact me with any questions or concerns. RNZ/kn attachments cc: David C. Weigel, County Attorney ~ Agenda Item No. 1601 January 11, 2005 Page 5 of 14 LAW O......ICI!:5 PARKS AND STliiWART BEN.)A)(lN G. PARKS' WEALTH PLANNING II< MANAGEMENT L.,I.W SOARD CERTIFIED TAX LAWYER FELLOW. THE AMERICAN COLLEGE: OF TRUST'" ESTATE COUNSEL EST. 1951 -AODITIOftAL JUftfSDICTIOH OEOAOfA PARKS BUILDING 865 FIFTH AVENUE. SOUTH NAPLES. FLORIDA 34102 TELEPHONE (Z39) 262-0400 FACSIMILE (239) 261-8646 E-MAIL: PSLAW@EARTHLINK.NET DEBORAH Á. STEWART ESTATE PLANNING EST"TE ... TRUST ADMINISTRATION REAL ESTATE L.,I.W ... TITLE INSURANCE CIVIL TRIAL October 4, 2004 Dave Weigel, Esquire Collier County Board of County Commissioners 3301 Tamiami Trail, East Naples. Florida 34112 Re: The Estate of Jeanne Shinol Probate File No. 04-1271-CP-02-HDH Collier County, Florida Dear Dave: In regards to the above-referenced Estate, this letter is to inform you that Jeanne Shinol, the Decedent, has devised one-half of her Estate to the Board of County Commissioners according to her Last Will and Testament. The amount of which is $776.84 and is enclosed in the form of a check herewith. Enclosed is a copy of the Will for your reference. We have highlighted the area that pertains to you. As shown, the Decedent has specified exactly how she would like the funds used. We also enclose a copy of the Order of Summary Administration for your records. Should you have any questions regarding this matter, please feel free to contact me or my assistant Angela Brincku. Very Truly Yours, PARKS and STEWART S'.,..J .. t.f...!/ -/ '2.b.~1. .A. St.....,/ t. ..,..J."t. J.t.." p~~ Deborah A. Stewart, Esquire ~ = ~ o n --I I tJl ." :x _. \...- 2:~~ "7'" 'r ~r -<n=: ~r-: '- -i ,.... o ::.D --, ZI ,..,....,rn :< lach Enclosure - o C/o J.' '~ì _-.r1·,_"" Agenda Item No. 1601 January 11, 2005 Page 6 of 14 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA (C«:»\P>~ PROBATE DIVISION Estate of } } JEANNE A. SHINOL, } } } FtLE NO. 04-1 ~ \ l-Q. v- 62. -/+ 'Þ!+- } Deceased. } ) IN RE: '2 200~ ORDER OF SUMMARY ADMINISTRATION On the Petition of DEBORAH A. STEWART, Esq. for Summary Administration of the Estate of JEANNE A. SHINOL, deceased, this Court finding that the decedent died on April 23, 2001, testate; that all interested persons have been served proper notice of this hearing, or have waived notice thereof; that the material allegations of the Petition are true; and that the decedent's estate qualifies for Summary Administration, an Order of Summary Administration should be entered, it is ORDERED AND ADJUDGED that: " 1. There be immediate distribution of the assets of the decedent as follows: Deborah A. Stewart, Esq. 865 Fifth Avenue South Naples¡ FL 34102 ('") ç::! ~, 0 '.-:::! -< ~ ; "TI c.n -"1 I - ;",Þ' 'm~') 01 .J -p .~:2 ;.""\"" 0'- I " ií' z:-:. w::> ;, 'ç .:'Jïì ~ g., r- ,', :-~,. "-:", 0 Z~_é ~'- ,(j):Q; '2 ,-. o¡í\~ '2¡.;....¡ (-,,:D\i'I 0 <:ro 100%:P c....... .:) ".:.Jo NAME/ADDRESS: ASSET. SHARE or AMOUNT Deborah A. Stewart, Esq. For subsequent distribution to creditors and/or beneficiaries 2. Those to whom specified parts of the decedent's estate are assigned by this Order shall be entitled to receive and collect the same, and to maintain actions to enforce the right. 3. Debtors of the decedent, those holding property of the decedent, and those with whom securities or other property of the decedent are registered, are authorized and empowered to comply with this Order by paying, delivering or transferring to those Agenda Item No. 16D1 '"y-o January 11, 2005 Page 7 of 14 specified above the parts of the decedent's estate assigned to them by this Order, and the persons so paying, delivering, or transferring shall not be accountable to anyone else for that property. of DONE ~RED in Chambers. Naples. Collier County. Flo.rida. th¡~ 0 t( day ~ 2004. (/. / .4.1) tJA/A{.,jç)'/1 j #"':£'7" . . ru<¿/ ....- ~ I Hu . HGyes, Ct¢Cuit ~dge Conformed Copies To: Benjamin G. Parks, Attorney Deborah Ä. Stewart, Petitioner I. ()wight E. Br~ . Clwk of Court, ifI ånd fut ÓolJi.r èounty. ðt !wilby certify tl\at tho IIbo'ffl ~tn.,",en! is A ':00 er.1 <:(>f(II!"( ~ocy O' ti'Ie O(~aJ whiCh is on f\k În my off',c~ in the c()<~1houa4 in N.apiQt\ . Coti&r County. Florida WihlE>loS LI1dcr my h8r1d Q '!( U<Ù 'b$__L~_"",y f.'f ~f; .nft'MI/2t:.r dc~:.:1_. 1 ~:;::~ èy; DtÞJty 0et1( """'-.- Agenda Item No. 1601 January 11, 2005 , . Page 8 of14 uFF¡¡':í= r1ç: ·r He ..\ 1. ""'~ '-'i. .. r- LO,JNTY ATTORNE:'"Y ,.,.' <C~tp>W 1Eaø! mill aub Qfeøta~~t¥e PM I: ¡ 0 OF JEANNE SHINOL I, JEANNE SHINOL, a resident of and legally domiciled in the County of Collier, State of Florida, do hereby declare this instrument to be my Last Will and Testament, hereby revoking any prior Wills or Codicils. ARTICLE I FAMIL Y I am an unremarried widow. All of my children and grandchildren have predeceased me. ARTICLE II DEBTS I direct that all of my enforceable debts (other than claims of any mortgagee) and my funeral and medical expenses shall be paid as soon as practicable out of my general estate. ARTICLE III TANGIBLE PERSONAL PROPERTY (" ~". ' \J! I devise all of my tangible personal property owned by me at the time of :ri[ ~ ä./ .1 i./ L~" OFrI~J;5. PARKS. BENNETT & STEWART . .., fHTH AYE!'IU£. smiTH NAPL£S. Fl.()IUDA 1U'O. . l·ELEI'lfONF. (9H1 2t>11·U'UO I ) ¡ ;, Agenda Item No. 1601 January 11, 2005 Page 9 of 14 '......-.,..;"... . ...;,.,~. my death to St. Vincent de Paul Society, Naples, Florida. If this program is not in existence at the time of my death, then this devise shall pass pursuant to ¡ I I , ¡ I ¡ I j I ¡ I I Article IV hereunder. The cost of packing, shipping and insuring said tangible personal property shall be paid as a cost of administration of my estate. ARTICLE IV RESIDUE I devise aU the residue of my estate, wherever situated, including lapsed devises, but expressly excluding any property over which may have power of appointment at my death, as follows: ONE HALF (%) to Collier County Board of County Commissioners upon the condition that the devise be specificallv designated for use by the Division of Public Services, Social Services Department. SERVICES FOR SENIORS Program; and ONE HALF (%) to St. Vincent de Paul Society, Naples. Florida upon the condition that the devise be specifically designated for use by its MEALS ON WHEELS Program. If either program is not in existence at the time of my death, then that devise shall pass to the other. ARTICLE V APPOINTMENT OF PERSONAL REPRESENTATIVE I hereby nominate and appoint DEBORAH A. STEWART as my Personal 2 1- ,:-J S (/ I ·.1 I " ¡ Agenda Item No. 1601 January 11, 2005 Page 10 of 14 Representative to administer my estate under this Will. If DEBORAH A. STEWART should fail for any reason to qualify as my Personal Representative or having qualified should die, resign, or be unable to act for any reason, then in such event I appoint RICHARD K. BENNETT as my Personal Representative to administer my estate under this Will. No bond or surety shall be required of any fiduciary for the faithful performance of duties hereunder. ARTICLE VI POWERS OF PERSONAL REPRESENTATIVE Without limitation of the powers conferred by law, I authorize and empower my Personal Representative: (1) To retain, acquire, Of sell any property (including any discretionary common trust fund of any corporate fiduciary acting under my Will, covered and uncovered stock options, and investments in foreign securities), without regard to diversification and without being limited to the investments authorized for the investment of estate funds; (2) to exercise stock options; (3) to enter into agreements for the safe, merger, reorganization, dissolution or consolidation of any corporation or properties; (4) to manage, improve, repair, sell, mortgage, lease (including the power to lease for oil and gas), pledge, convey, option or exchange any property and take back purchase money mortgages thereon, without court order; (5) to make distributions in cash or in kind, or partly in each, and, in the discretion of such fiduciaries, to allocate particular assets or 3 î . ~J ··.r G.-t-.. :.J W.'.~ Agenda Item No. 1601 January 11 , 200 Page 11 of 1 portions thereof to anyone or more beneficiarie$, provided that such property shalf be valued for purposes of distribution at its value on the date of I , J , I , I I distribution; (6) to maintain custody or brokerage accounts (including margin accounts) and to register securities in the name of a nominee; (7) to compromise and settle claims (including those relating to taxes) without court order; (8) to borrow funds from any person or corporation (including any fiduciary) and pledge or mortgage estate or trust assets to secure such loans; (9) to extend the time of payment of any loans; (10) to employ attorneys, accountants, investment counsel, custodians and brokers to assist in the administration of estate or trust property; (11) to vote and give proxies to vote shares of stock; and (12) to make investments in property, real or personal. I ¡ I ¡ IN WITNESS WHEREOF I have signed this will in the presence of the witnesses who shall hereafter subscribe their names hereto as attesting witnesses, this the 12th day of July A.D., 1996. i I I I I I I I ;JldL...vv~""'L -~~....'-C-,( JE"ANNE SHINOL 4 I I. <:.......... Agenda Item No, 1601 January 11, 200 Page 12 of 1 We certify that the above instrument was on the date thereof signed and declared by JEANNE SHINOL as her will in our presence and that we, in her presence and in the presence of each other, have signed our names as witnesses thereto, believing testatrix to be of sound mind at the time of signing, J~~ ñ1. {~ ~ I Residing at rJ A. r l-PS ç L- -' ;¿f:J...--¿> ..,:;... v,J?'l¿ ~..i"':'(..- . " R 'd' t C/OV'!. Î eSl 109 a I ! ~";,;',h,.J I r-L We, the testatrix and the witnesses, ¡ I I I I I ,respectively, whose names are I ¡ I I I Steven M. cox STATE OF FLORIDA COUNTY OF COLLIER and Sabina Musci signed to the forego.ing instrument, and having been sworn: do hereby declare to the undersigned officer that the testatrix, in the presence of witnesses, signed the instrument as her last wìlf and that she signed willingly; and that each of the witnesses, in the presence of the testatrix and in the presence of each other, signed the will as a witness, "\ ',' < . {, A:__""-,,,,-.<:... "J~_,'"L."""-'(""..k JEÄJE SHINOl t~~ 10/1. C~ Witness ._ xI/"J bt~ ~l,./É"'- ¿-r . Witness . 5 Agenda Item No. 1601 January 11, 2005 Page 13 of 14 Subscribed and sworn to before me by JEANNE SHINOL, and by each of the above witnesses, this 12th day of July , 1996. Each person is personally known to me or, if not, produced as ídentification. 6~v!'-ML/<- : Notary Public (J Printed, typed or stamped Name: Barbara J. Hipsley My Commission Expires: ,«,.zz... D..a.-. J ur...a-. i'~'J¡:~ ....-. ....-J' [..: ':"¡ It{ COf.MS8I]N I CC525D1 f.XIIIAES ~?; èt ~21,2OOØ "If. . 1P BllŒD1IRI1III\'ØII-'1C. 6 , ~~""'~~. ~.. "'~r-""'" M ~ ~ª xu 1 Je I.;,.,.. ::; II ~ ,.... . '" :~¡ t8 ¡;¡ ~ !~, t.O . ~ ~ ~ t'- I ~ ~ I il I ~ õ .~ 0 --LO'<t ) 0"- ..)~Õ ..- - '<t O~--c- Z"-Q) E ~O) roro Q)::¡a.. :!::C roro '0-' C Q) 0) <{ , ., ;- ,....¡ "::.; ,,1 "', - '-::. . 'PI ~ ~, .,,..,-. " .~~: t- a: ,:;j ~ j;¡ ;þ I', au . C, .... ... 0 ;-:; atf ...: i: (IJ g. ,.II;f:. .... ' .' a:: :t ,,; .. 't ''', CZt:! :::1 G.:) fií ~! fag ltg ';:; (.) (.) {I) i g ¡¡: Cui ..,I u.. ¡ ~ u.. ~i~~ jl! I ~ f. 4..:-"""'.. Z ~ > ~ ... -:'~ ~, :-'3", e _ !!') "'» , , ;F:!æ>~)o.. t., _' ,. ,", <:8 (j) a: .:( ....J ....J o CI ¡ ! I ! i ~' ¡~.~~,., .\\.. ~ '.... i. ' ~ ~¡ "{ ~ ~ " ~. ~. ;~~ ~~ ~¡ " ~ \ \:c .u., . ,~, 'JiI, ~~~., , ....-1" 'Q ...r .,..:. ~ $ J. _ .~: ~ :i! ~ '" ~ ~ ~, I >t\ ¡~ i1i w ]... « o i I ! 1 ¡ ! 1 i i J 1.1 s ò ~ ~I >;. ~ § 1:11 OJ ¡' Q '9 .~ .~. 'E¡ ~ as: c:' OJ ~1 .., CO] CVj .., ~ en ftJ -' Co> §! 1:11 os: oj æ, G) ...... OJ -gi e tZ. æ :J; Ci 8 Jli;,t~i' Agenda Item No. 16D2 January 11, 2005 Page 1 of 3 - EXECUTIVE SUMMARY Recommendation to approve an operations plan for the East Naples Skate Park, accept donations of material and labor for improvements, and budget funds for continued operations Obiective: To make use of the skate park at East Naples Community Park in a way that best serves the community. Considerations: At its December 14, 2004 meeting the Board of County Commissioners approved an Agreement to Transfer Assets and Release Sanctuary Skate Parks-Collier, Inc. from the concession agreement under which it operated the skate park at East Naples Community Park. Under the terms of the agreement Sanctuary Skate Parks-Collier, Inc. transferred all retail inventory, fIXtures, and equipment (valued at $8,000) to Collier County. _. Sanctuary Skate Parks-Comer, Inc. ceased operations at the skate park September 30, 2004. Since then, the Parks and Recreation Department has been operating the skate park on a limited basis (noon to 6 pm Saturdays and Sundays) to assess participant interest and formulate a business plan for the future of the facility. Attendance has averaged 50 participants each weekend day. Staff has considered alternatives for the facility, including use as a pavilion, maintenance facility, and conversion to basketball courts. These were weighed against the value of the facility to the community as a skate park. At its December 15, 2004 meeting the Parks and Recreation Advisory Board approved staff's proposed plan for the skate park, as follows: 1. Repairs. Partner with the Collier County Sheriff's Department to complete necessary repairs to the facility. Community Relations Deputies have secured commitments for volunteer labor and donations of material from various businesses with in the community. 2. Hours of operation. Thursday Friday Saturday Sunday 4pm-7pm 4pm-7pm 12 pm - 8 pm l2pm-6pm 3. Fees. Adults Under 18 $75 per year $10 per year - 4. Staffing. Staffing will require 2 part-time Recreation Assistants, at an annual expense of $24,400. Agenda Item No. 16D2 January 11, 2005 Page 2 of 3 ,- 5. Operating expenses. Annual operating expenses are estimated at $16,000. 6. Revenue. Revenue from memberships, daily fees, camps, lessons, and special events for FY 05 is projected at $9,100. Fiscal Impact: Staff has prepared a budget amendment budgeting revenue of $9,100 and appropriating $25,200 in funds from Fund 111 Reserves to establish an operating budget of $34,300 for the facility for the balance ofFY 05. Growth Manaaement Impact: The value of the facility is inventoried in the Collier County Growth Management Plan. Recommendation: That the Board of County Commissioners approves the proposed operations plan for the East Naples Skate Park, accepts donations of material and labor for improvements, and approves the budget amendment necessary to fund operations. Prepared by: Amanda O. Townsend, Operations Analyst, Parks and Recreation -, - Agenda Item No. 16D2 January 11, 2005 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16D2 Recommendation to approve an operations plan for the East Naples Skate Park, accept donations of material and labor for improvements, and budget funds for continued operations. 1/11120059:0000 AM Item Number Item Summary Approved By Murdo Smith Beach and Water Superintendent Date Public Services Parks and Recreation 12/23/20042:55 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 12/28/2004 4: 25 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/29/20049:02 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 12/29/20042:44 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/31/200410:58 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12131/20043:38 PM Agenda Item No. 1603 January 11, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to declare the parcels known as Best Friend Park surplus property Obiective: To decide the future use of the County-owned property on the southeast comer of 7th Street and 104th Avenue North in Naples Park in a manner consistent with the desires of the majority of neighborhood residents. Considerations: In December 2001, the Board of County Commissioners approved the purchase of two lots to be used for a park in the Naples Park neighborhood Over the following years, a series of controversial issues arose regarding the future of Naples Park. Some neighborhood residents expressed concerns about the development of a park in their area. On January 13, 2004 the Board of County Commissioners directed the Parks and Recreation Advisory Board to survey the Naples Park community to assess the majority's desire for a park at that location. --- A survey was prepared and approved by the Parks and Recreation Advisory Board and neighborhood residents representing those who favored and did not mvor a park. The survey was mailed on October 15, 2004, to 3047 property owners as detennined by infonnation from the Property Appraiser's Office. Responses were tabulated on November 15,2004, with a neighborhood resident representing those who did not mvor a park in attendance. (The neighbor representing those who favored a park waived her right to attend.) Survey results were as follows: In favor of a park Not in favor of a park 806 46% 961 54% Fiscal Impact: Purchase price of the property was $148,800. Current Property Appraiser's assessed value of the property is $251,557. Current market value of the property is expected to be significantly higher. Growth Manaaement Impact: Neighborhood park acreage is not inventoried in the Growth Management Plan. Recommendation: The Parks and Recreation Advisory Board recommends that the Board of County Commissioners declares the parcels surplus property, sells them, and return the proceeds to the Parks Capital Improvements Fund (306). Prepared by: Amanda O. Townsend, Operations Analyst, Parks and Recreation ,-. Agenda Item No. 1603 January 11, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date 1603 Recommendation to declare the parcels known as Best Friend Park surplus property. 1/11/20059:00:00 AM Approved By Murdo Smith Beach and Water Superintendent Date Public Services Parks and Recreation 12/23/20042:50 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 12/28/20044:22 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/29/20049:03 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 12/29/200410:04 AM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 12/31/200410:39 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/31/2004 3:49 PM Agenda Item No. 16D4 January 11, 2005 Page 1 of 22 EXECUTIVE SUMMARY Recommendation to grant a Deed of Conservation Easement to the South Florida Water Management District for the Collier County North Naples Regional Park, at a cost not to exceed $175.00, Project 806021. OBJECTIVE: To comply with South Florida Water Management District Pennit No. 11- 02088-P requirements issued in connection with the development of the Collier County North Naples Regional Park (park) site. CONSIDERATIONS: The Board of County Commissioners at their January 26, 1999; September 16, 1999; and November 9, 1999, meetings, approved Agenda Items 8C1, 16C5, and 16C2, respectively, authorizing staff to purchase a total of 207± acres located on Livingston Road for the development of the Park. The Park property is subject to the regulatory jurisdiction of the South Florida Water Management District (District) and, as such, must comply with District requirements for the preservation, enhancement, restoration, and/or mitigation of wetlands and/or uplands. The District has evaluated the Park's plans for the property and issued District Pennit No. 11-02088. The permit requires the County to grant the District a conservation easement in perpetuity upon the southerly 98.59 acres of the Park, in order t<;> retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural, or wooded condition and to retain such areas as suitable habitat for fish, plants, or wildlife. Under the pennit, the County is responsible for the restoration, creation, enhancement, maintenance, and monitoring of the conservation area. The District, Parks & Recreation Department, and the County Attorney's Office have approved the attached Deed of Conservation Easement outlining the responsibilities of each party. FISCAL IMPACT: Funds of$175.00 for recording of the conservation easement are available in the FY 05 budget for this action in Project 806021. GROWTH MANAGEMENT IMP ACT: North Naples Regional Park is inventoried in the Growth Management Plan. The area under the conservation easement will be given a future land use designation of conservation RECOMMENDATION: Staff is recommending that the Board: 1. Approve the Deed of Conservation Easement to South Florida Water Management District and authorize the Chainnan to execute the easement on behalf ofthe Board; and 2. Authorize staff to record the Deed of Conservation Easement in the Public Records of Collier County, Florida. - PREPARED BY: Toni A. Mott, Manager, Property Acquisition & Sales Real Estate Services / Facilities Management Department Agenda Item No. 1604 January 11, 2005 Page 2 of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 1604 Recommendation to grant a Deed of Conservation Easement to South Florida Water Management District for the Collier County North Naples Regional Park, at a cost not to exceed $17500, Project 806021. 1/11/20059:0000 AM Item Number Item Summary Prepared By Date Toni A. Mott Real Property Supervisor 12/28/20048:22:09 AM Administrative Services Facilities Management Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 12/28/20048:29 AM Approved By Charles E. Carrington, Jr., SRIWA Real Estate Services Manager Date Administrative Services Facilities Management 12/28/20048:52 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 12/28/20044:41 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/29/20049:04 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/30/2004 5:21 P.M Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/31/2004 10:44 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1/4/20059:58 AM Prepar~d by: Ellen T. Chadwell, Esquire Office of tne County Attor..! 3301 East TaMiaMi Trail ",'es. Florida 3411Z (141) 714-8400 Standard form - June, 2000 Agenda Item No, 16D4 January 11, 2005 Page 3 of 22 Project: North Naples Regional Park Permit: 11-02088-P DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is given this _ day of , 2005, by Collier Countv, a political subdivision of the State of Florida, (address) 3301 Tamiami Trail East. Naples, FL 34112, ("Grantor") to the South Florida Water Management District ("Grantee"). As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term Grantee shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Collier County, Florida, and more specifically described in Exhibit A attached hereto and incorporated herein ("Property"); and WHEREAS, the Grantor desires to construct (name of project) Collier Countv North Naples Reaional Park ("Project") at a site in Collier County, which is subject to the regulatory jurisdiction of South Florida Water Management District ("Districf'); and WHEREAS, District Permit No. 11-02088-P ("Permit") authorizes certain activities which affect waters in or of the State of Florida; and WHEREAS, this Permit requires that the Grantor preserve, enhance, restore and/or Mitigate wetlands and/or uplands under the District's jurisdiction; and WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes, over the Property. NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee upon the Property which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature, and character of this conservation easement shall be as follows: 1. It is the purpose of this conservation easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in the conservation easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit. Agenda Item No. 1604 January 11, 2005 Page 4 of 22 Standard form - June, 2000 To carry out this purpose, the following rights are conveyed to Grantee by this easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this conservation easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 2. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, which are permitted or required by the Permit, the following activities are prohibited in or on the Property: a. Construction or placing of buildings, roads, signs billboards or other advertising, utilities, or other structures on or above the ground. b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal or exotic or nuisance vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; g. Acts or uses detrimental to such aforementioned retention of land or water areas; h. Acts or uses which are detrimental to the preservation of any features or aspects of the Property having historical or archaeological significance. 3. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and which are not inconsistent with any District rule, criteria, permit and the intent and purposes of this Conservation Easement. 4. No right of access by the general public to any portion of the Property is conveyed by this conservation easement. 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. Agenda Item No. 1604 January 11, 2005 Page 5 of 22 Standard form - June, 2000 7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions of this conservation easement shall be borne by and recoverable against the nonprevailing party in such proceedings. 8. Enforcement of the terms, provISions and restrictions of this conservation easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 9. Grantee will hold this conservation easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this conservation easement except to another organization qualified to hold such interests under the applicable state laws. 10. If any provision of this conservation easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved. 11 . Grantor shall insert the terms and restrictions of this conservation easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. 12. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. 13. This conservation easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be filed in the public records in Collier County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purpose imposed with this conservation easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this conservation easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey this conservation easement; and that it hereby fully warrants and defends the title to the conservation easement hereby conveyed against the lawful claims of all persons whomsoever. --'-" -' ~ ~..- - Agenda Item No. 1604 January 11, 2005 Page 6 of 22 Ir-- Standard form - June, 2000 IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: CHAIRMAN ApP';eVtd IS to fen I 1egal sufficienc1 ~ . / I ,'- I ' - f,., ./ \ '.. '. -.. \. . It '.:; ". ." .- '. / Àsš1stánt County Attorne1 Ellen T. Chadwell South Florida Water Management District Legal Form Approved: SFWMD - June, 2000 ....!ft. ==IIã:"1..GNOU ·····iB 11111· ~ER & ······18 ....... ...... RUNDAGE,INC. EXHIBIT { Page --L.- of Agenda Item No. 1604 January 11, 2005 Page 7 of 22 DESCRIPTION OF CONSERVATION EASEMENT NO. 1 A CONSERVATION EASEMENT OVER AND ACROSS ALL THAT PART OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE QUARTER (1/4) CORNER OF SAID SECTION 30; THENCE NORTH 02°06' 12" WEST ALONG THE WEST LINE OF SAID SECTION 30 A DISTANCE OF 333.72 FEET; THENCE LEAVING SAID WEST LINE OF SAID SECTION 30 SOUTH 89°57'54" EAST 30.02 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 89°57'54" EAST 299.95 FEET; THENCE NORTH 02°06'08" WEST 166.86 FEET; THENCE SOUTH 89°57'54" EAST 329.98 FEET; THENCE SOUTH 02°06'03" EAST 208.12 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 87°17'36" AN ARC DISTANCE OF 53.32 FEET TO A POINT OF TANGENCY; THENCE NORTH 89°23'39" WET 127.80 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 51°26'05" AN ARC DISTANCE OF 31.42 FEET TO A POINT OF TANGENCY; THENCE SOUTH 39°10'16" WEST 160.65 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 39°56'08" AN ARC DIST ANCE OF 24.40 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00°45'51" EAST 118.87 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 39°00' 51" AN ARC DlST ANCE OF 23.83 FEET TO A POINT OF TANGENCY; THENCE SOUTH 38°15'00" WEST 23.14 FEET TO A NON-TANGENT INTERSECTION WITH THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHERL Y AND WHOSE RADlUSPOINT BEARS SOUTH 38°00'54" WEST 429.21 FEET; W-I 0-0 1270.DES/04/I'N7953 .< EXHIBIT H Page.....:...-of Agenda Item No. 1604 January 11, 2005 Page 8 of 22 THENCE NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 42°46' 18" AN ARC DIST ANCE OF 320.41 FEET TO A NON-TANGENT INTERSECTION WITH THE ARC OF A CIRCULAR CURVE CONCA VE NORTHERLY AND WHOSE RADIUS POINT BEARS NORTH 07°15'28" EAST 33.48 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 05°51 '18" AN ARC DISTANCE OF 3.42 FEET TO AN INTERSECTION WITH A NON-TANGENT LINE; THENCE NORTH 02°06'13" WEST ALONG SAID NON-TANGENT LINE A DISTANCE OF 235.70 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 3.50 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLI, BARBER & BRUNDAGJ;..,INC. ,~ PROFESSIONAL ENGINEE , LANNERS & LAND SURVEYORS ~// f -. 1/1/1t W ... D. AGN LI, R.S.M. NO. 5335 ,/ ./7"/~F. ABB DWG. FILE NO. 8895-SD ~ -' 2 W-I 0-0 127G.DES/04/PN7953 ....." 1111in..GNOLI ·····18 11111· ~ER & ······iB ....... ~ ...... RUNDAGE,INC. EXHIBIT 1: Page_____of Agenda Item No. 1604 January 11, 2005 Page 9 of 22 DESCRIPTION OF CONSERVATION EASEMENT NO.2 A CONSERVATION EASEMENT OVER AND ACROSS ALL THAT P ART OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE QUARTER (1/4) OF SAID SECTION 30; THENCE SOUTH 02°00'05" EAST ALONG THE WEST LINE OF SAID SECTION 30, A DISTANCE OF 1363.46 FEET; THENCE LEAVING SAID WEST LINE OF SAID SECTION 30, NORTH 87°59'54" EAST 30.00 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE NORTH 02°00'05" WEST 1375.91 FEET TO A NON-TANGENT INTERSECTION WITH THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHERL Y AND WHOSE RADIUS POINT BEARS SOUTH 21 °14' 12" EAST 25.07 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 29°03' 18" AN ARC DISTANCE OF 12.71 FEET TO A NON-TANGENT INTERSECTION WITH THE ARC OF A CIRCULAR CURVE CONCA VE SOUTHWESTERLY AND WHOSE RADIUS POINT BEARS SOUTH 06°49'58" EAST 320.74 FEET; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 68°41' 15" AN ARC DISTANCE OF 384.51 FEET TO A NON-TANGENT INTERSECTION WITH THE ARC OF A CIRCULAR CURVE CONCAVE WESTERLY AND WHOSE RADIUS POINT BEARS SOUTH 55°50'31" WEST 33.58 FEET; THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 98°12'01" AN ARC DISTANCE OF 57.56 FEET TO A NON-TANGENT INTERSECTION WITH THE ARC OF A CIRCULAR CURVE CONCAVE EASTERLY AND WHOSE RADIUS POINT BEARS SOUTH 40°12'22" EAST 488.47 FEET; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 68°52'39" AN ARC DISTANCE OF 587.21 FEET TO AN INTERSECTION WITH A NON-TANGENT LINE; THENCE SOUTH 17°20'12" EAST ALONG SAID NON-TANGENT LINE A DISTANCE OF 354.99 FEET TO A NON-TANGENT INTERSECTION WITH THE ARC OF A CIRCULAR CURVE CONCAVE NORTHWESTERLY AND WHOSE RADIUS POINT BEARS SOUTH 73°28'32" WEST 225.21 FEET; THENCE SOUTHERL Y, SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 110°34'01" AN ARC W-I 0-0 128G.DES/04/PN7953 Agenda Item No. 1604 January 11, 2005 Page 10 of 22 _. EXHIBIT tJ page-.:..:.- of DISTANCE OF 434.59 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 6.32 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLI, BARBER & BRUNDAGE, INC. PROFESSIONAL ENGINBERS~ PLANNERS & LAND SURVEYORS ..' C/:,/.. e(~, í/ ~ /~ i\¥NE D. AGNOLI, R.S.M. NO. 53£ F / ~~~, ABB DWG. FILE NO. 8895-SD ') ... W-10-0128G.DES/04/PN7953 ....!J\ 1111ã:'1GNOU ·····m 1=IIIuARBER & ······iB ....... ...... RUNDAGE,lNC. EXHIBIT · Page_of Agenda Item No. 1604 January 11, 2005 Page 11 of 22 DESCRIPTION OF CONSERVATION EASEMENT NO.3 A CONSER V ATION EASEMENT OVER AND ACROSS ALL THAT PART OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 30; THENCE SOUTH 89°58'38" EAST ALONG THE SOUTH LINE OF SAID SECTION 30, A DISTANCE OF 30.02 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE S.89°58'38"E., 3,450.53 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO TI-IE RIGHT, OF WHICH THE RADIUS POINT LIES N.78°53'17"E., A RADIAL DISTANCE OF 11,621.16 FEET; THENCE NORTHERL Y ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 11°04'14", A DISTANCE OF 2,245.41 FEET; THENCE N.00002'30"W., 437.05 FEET; THENCE N.89°57'54"W., 1,765.37 FEET; THENCE S.73°44'OO"E., 24.06 FEET; THENCE S.37°54'09"E., 19.23 FEET; THENCE S.48°19'54"E., 73.07 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 131 °40'06"; THENCE NORTHEASTERLY ALONG THE ARC A DISTANCE OF 11.49 FEET; THENCE NORTH, 8.19 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 90°00'00"; THENCE NORTHEASTERLY ALONG THE ARC A DISTANCE OF 7.85 FEET; THENCE EAST, 25.36 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 25°37'13"; THENCE EASTERL Y ALONG THE ARC A DISTANCE OF 2.24 FEET; THENCE N.64°22'47"E., 13.83 FEET; THENCEN.71°31'29"E., 16.47 FEET; THENCE N.79°33'13"E., 25.42 FEET; THENCE N.89°18'45"E., 25.48 FEET; THENCE S.80027'18"E., 27.89 FEET; THENCE S.70041'55"E., 23.00 FEET; THENCE S.61 °30'38"E., 24.93 FEET; THENCE S.50009'15"E., 34.27 FEET: THENCE S.39°37'39"E., 20.61 FEET; THENCE S.31 °48'46"E., 20.17 FEET; THENCE S.23°48'02"E., 21.64 FEET; THENCE S.59°50'08"E., 3.75 FEET; THENCE N.67°03'42"E., 15.27 FEET; THENCE N.60015'42"E., 43.67 FEET; W-l 0-0 130G.DES/04/PN7953 EXHIBIT ....L... Page_of Agenda Item No. 1604 January 11, 2005 Page 12 of 22 THENCE N.51°58'54"E., 28.35 FEET; THENCE N.59°11'11 "E., 26.81 FEET; THENCE N.66°30'04"E., 29.19 FEET; THENCE N.75°17'35"E., 38.10 FEET; THENCE N.86°16'21 "E., 56.50 FEET; THENCE NORTH, 15.12 FEET; THENCE EAST, 119.00 FEET; THENCE CONTINUE EASTERLY ALONG SAID LINE, A DISTANCE OF 211.15 FEET; THENCE SOUTH, 15.54 FEET; THENCE N.75°58'41 "E., 40.47 FEET; THENCE N.81 °15'15"E., 48.07 FEET; THENCE N.86°23'29"E., 38.15 FEET; THENCE S.88°36'21 "E., 46.01 FEET; THENCE S.82°57'19"E., 48.87 FEET; THENCE S.76°54'36"E., 52.57 FEET; THENCE NORTH, 15.04 FEET; THENCE EAST, 282.80 FEET; THENCE CONTINUE EASTERLY ALONG SAID LINE, A DISTANCE OF 75.91 FEET; THENCE SOUTH, 18.10 FEET; THENCE S.64°50'42"E., 21.96 FEET; THENCE S.42°58'01 "E., 25.10 FEET; THENCE S.21 °22'12"E., 21.36 FEET; THENCE S.01°35'16"E., 40.38 FEET; THENCE N.77°30'39"W., 2.41 FEET; THENCE SOUTH, 17.02 FEET; THENCE S.32°17'41 "E., 10.69 FEET; THENCE S.64°15'31 "E., 138.95 FEET; THENCE S.37°03'43"E., 17.80 FEET; THENCE S.06°52'37"E., 20.75 FEET; THENCE SOUTH, 1,074.82 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES S.68°45'38"E., A RADIAL DISTANCE OF 130.00 FEET; THENCE SOUTHERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 30°08'18", A DISTANCE OF 68.38 FEET TO A POINT OF COMPOUND CURVE TO THE LEFT HAVING A RADIUS OF 197.24 FEET AND A CENTRAL ANGLE OF 23°28'17"; THENCE SOUTHERLY ALONG THE ARC, A DISTANCE OF 80.80 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 88.77 FEET AND A CENTRAL ANGLE OF 68°26'42"; THENCE SOUTHERL Y ALONG THE ARC, A DISTANCE OF 106.04 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES S.47°52'02"W., A RADIAL DISTANCE OF 444.47 FEET; THENCE SOUTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 08028'59", A DISTANCE OF 65.81 FEET TO A POINT OF COMPOUND CURVE TO THE RIGHT HAVING A RADIUS OF 32.76 FEET AND A CENTRAL ANGLE OF 28°48'59"; 2 W. 0-0130GDES/04/PN7953 EXHIBIT-!L Page~of Agenda Item No. 1604 January 11, 2005 Page 13 of 22 THENCE SOUTHERLY ALONG THE ARC, A DISTANCE OF 16.48 FEET; THENCE S.04°50'00"E., 440.54 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 46.00 FEET AND A CENTRAL ANGLE OF 20°17'30"; THENCE SOUTHERLY ALONG THE ARC A DISTANCE OF 16.29 FEET; THENCE S.15°27'30"W., 73.12 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 311.00 FEET AND A CENTRAL ANGLE OF 09°17'51 "; THENCE SOUTHERL Y ALONG THE ARC A DISTANCE OF 50.47 FEET; THENCE S.24°45'21 "W., 99.00 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 289.00 FEET AND A CENTRAL ANGLE OF 22°27'39"; THENCE SOUTHERLY ALONG THE ARC A DISTANCE OF 113.29 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.89°02'45"W., A RADIAL DISTANCE OF 211.10 FEET; THENCE SOUTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 90°00'18", A DISTANCE OF 331.61 FEET; THENCE N.89°01'47"W., 250.90 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 311.00 FEET AND A CENTRAL ANGLE OF 09°33'14"; THENCE WESTERLY ALONG THE ARC A DISTANCE OF 51.86 FEET; THENCE N.79°28'33"W., 319.55 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 289.00 FEET AND A CENTRAL ANGLE OF 11 °23'06"; THENCE WESTERLY ALONG THE ARC A DISTANCE OF 57.43 FEET; THENCE S.89°08'21 "W., 326.72 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 389.00 FEET AND A CENTRAL ANGLE OF 07°43'32"; THENCE WESTERL Y ALONG THE ARC A DISTANCE OF 52.45 FEET; THENCE S.81 °24'49"W., 364.43 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.09°40'32"W., A RADIAL DISTANCE OF 311.18 FEET; THENCE WESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 14°44'02", A DISTANCE OF 80.02 FEET; THENCE N.85°43'42"W., 161.35 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.04°42'53"E., A RADIAL DISTANCE OF 91.08 FEET; THENCE NORTHWESTERL Y ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 44°47'54", A DISTANCE OF 71.21 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES S.50029'50"W., A RADIAL DISTANCE OF 339.00 FEET; THENCE WESTERL Y ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 84°07'42", A DISTANCE OF 497.76 FEET; THENCE S.56°34'46"W., 125.72 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.33°25'1O"W., A RADIAL DISTANCE OF 311.00 FEET; THENCE WESTERL Y ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 37°14'42", A DISTANCE OF 202.16 FEET; " .J W-IO-OI30G.DES/04/PN7953 EXHIBIT Page____of Agenda Item No. 1604 January 11, 2005 Page 14 of 22 THENCE N.86°10'28"W., 85.89 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.04°20'46"E., A RADIAL DISTANCE OF 108.26 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 78058'28", A DISTANCE OF 149.22 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES S.85°53'12"W., A RADIAL DISTANCE OF 326.90 FEET; THENCE NORTHERLY ALO;\jG THE ARC, THROUGH A CENTRAL ANGLE OF 31013'41 ", A DISTANCE OF 178.17 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.53°51'23"E., A RADIAL DISTANCE OF 269.36 FEET; THENCE NORTI-IERL Y ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 51018'46", A DISTANCE OF 241.23 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES N.74°32'20"W., A RADIAL DISTANCE OF 414.85 FEET; THENCE NORTHERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 33019'13", A DISTANCE OF 241.26 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.72°21'03"E., A RADIAL DISTANCE OF 317.52 FEET; THENCE NORTHERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 32005'36", A DISTANCE OF 177.85 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES N.75°12'53"W., A RADIAL DISTANCE OF 147.00 FEET; THENCE NORTHERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 26°21'09", A DISTANCE OF 67.61 FEET; THENCE N.l1 °34'03"W., 76.94 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 123.00 FEET AND A CENTRAL ANGLE OF 93°16'19"; THENCE NORTHWESTERLY ALONG THE ARC A DISTANCE OF 200.23 FEET; THENCE S.86°03'02"W., 70.65 FEET; THENCE S.02°00'05"E.. 1,176.40 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED: CONTAINING 21.02 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. .- . AGNOLI, BARBER & BRUNDAGE, INC. PROFESSIONAL rS. PLANNERS & LAND SURVEYORS ~YNÈD.~!ÜM. NO:&/ REF. ABB DWG. Fft.E 889:5-SD 4 W -1 O-0130G.DES/04/PN7953 ....!ft. 1111iC1GNOLI ·····iB 11111· ~ER & ······iB ....... ...... RUNDAGE,lNC. EXHIBIT J; Page_of Agenda Item No. 1604 January 11, 2005 Page 15 of 22 DESCRIPTION OF CONSERV A nON EASEMENT NO.4 A CONSERV A nON EASEMENT OVER AND ACROSS ALL THA T PART OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 30; THENCE SOUTH 89°58'38" EAST ALONG THE SOUTH LINE OF SAID SECTION 30 A DISTANCE OF 437.06 FEET; THENCE LEAVING SAID SOUTH LINE OF SAID SECTION 30 NORTH 00°01 '22" EAST 54.43 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE S.86°10'28"E., 85.76 FEET TO A POINT OF CURVE TO THE LEFT HA VING A RADIUS OF 297.00 FEET AND A CENTRAL ANGLE OF 37°14'42"; THENCE EASTERLY ALONG THE ARC A DISTANCE OF 193.06 FEET; THENCE N.56°34'46"E., 125.70 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES S.33°37'37"E., A RADIAL DISTANCE OF 353.00 FEET; THENCE EASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 84°06'13", A DISTANCE OF 518.16 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES N.49°25'42"E., A RADIAL DISTANCE OF 77.08 FEET; THENCE SOUTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 44°42'49", A DISTANCE OF 60.16 FEET; THENCE S.85°43'42"E., 161.34 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES N.05°04'36"E., A RADIAL DISTANCE OF 297.18 FEET; THENCE EASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 14°46'39", A DISTANCE OF 76.65 FEET; THENCE N.81°24'49"E., 364.57 FEET TO A POINT OF CURVE TO THE RIGHT HA VING A RADIUS OF 403.00 FEET AND A CENTRAL ANGLE OF 07°43'32"; THENCE EASTERLY ALONG THE ARC A DISTANCE OF 54.34 FEET; THENCE N.89°08'21 "E., 326.72 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 303.00 FEET AND A CENTRAL ANGLE OF 11 °23'06"; THENCE EASTERLY ALONG THE ARC A DISTANCE OF 60.21 FEET; THENCE S.79°28'33"E., 319.55 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 297.00 FEET AND A CENTRAL ANGLE OF 09°33'14"; THENCE EASTERLY ALONG THE ARC A DISTANCE OF 49.52 FEET; THENCE S.89°01 '47"E., 250.90 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES N.00057'32"E., A RADIAL DISTANCE OF 197.10 FEET; THENCE NORTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 90°03'03", A DISTANCE OF 309.78 FEET TO THE POINT OF CURVE OF A W-IO-OI3IG.DES/04/PN7953 S' -_..--.._- --_--.~-- EXHIBIT I· Page_of Agenda Item No. 1604 January 11, 2005 Page 16 of 22 NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES S.87°44'12"E., A RADIAL DISTANCE OF 303.00 FEET; THENCE NORTHERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 22°29'34", A DISTANCE OF 118.95 FEET; THENCE N.24°45'21 "E., 99.00 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 297.00 FEET AND A CENTRAL ANGLE OF 09°17'51 "; THENCE NORTHERLY ALONG THE ARC A DISTANCE OF 48.19 FEET; THENCE N.15°27'30"E., 73.12 FEET TO A POINT OF CURVE TO THE LEFT HA VING A RADIUS OF 32.00 FEET AND A CENTRAL ANGLE OF 20°17'30"; THENCE NORTHERLY ALONG THE ARC A DISTANCE OF 11.33 FEET;' THENCE N.04°50'OO"W., 440.54 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 18.76 FEET AND A CENTRAL ANGLE OF 28°48'59"; THENCE NORTHERLY ALONG THE ARC A DISTANCE OF 9.44 FEET TO AN INTERSECTION WITH A NON-TANGENT LINE; THENCE N. 38°40'05" W. ALONG SAID NON-TANGENT LINE A DISTANCE OF 75.31 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.43°00'22"W., A RADIAL DISTANCE OF 73.00 FEET; THENCE WESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 88°20'51 ", A DISTANCE OF 112.56 FEET; THENCE S.38°50'27"W., 70.36 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES S.20030'38"W., A RADIAL DISTANCE OF 326.74 FEET; THENCE SOUTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 57°37'25", A DISTANCE OF 328.61 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES S.77°53'08"W., A RADIAL DISTANCE OF 319.20 FEET; THENCE SOUTHERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 44°09'35", A DISTANCE OF 246.02 FEET; THENCE S.18°00'OO"W., 34.78 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.85°35'03"W., A RADIAL DISTANCE OF 325.02 FEET; THENCE SOUTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 99°10'06", A DISTANCE OF 562.55 FEET; THENCE N. 90°00'00" W., 34.78 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.13°35'19"W., A RADIAL DISTANCE OF 325.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 99°10'38", A DISTANCE OF 562.56 FEET; THENCE N.J8°00'OO"W., 34.78 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.58°24'58"E., A RADIAL DISTANCE OF 325.09 FEET; 2 W-1 0-0131 G.DES/04/PN7953 EXHIBIT Page_of Agenda Item No. 1604 January 11, 2005 Page 17 of 22 THENCE NORTHERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 96°]2'04", A DISTANCE OF 545.83 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.1002] '4] "W., A RADIAL DISTANCE OF 100.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 98°43'34", A DISTANCE OF 172.31 FEET; THENCE N.76°49'41 "E., 18.46 FEET; THENCE N.07°19'53"E., 18.24 FEET; THENCE N.4]006'40"W., 1.54 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES S.48°48'18"W., A RADIAL DISTANCE OF 526.42 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 38°39'07", A DISTANCE OF 355.13 FEET; THENCE S.]9°12'37"W., 6.62 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES S.07°09'09"W., A RADIAL DISTANCE OF 173.15 FEET; THENCE SOUTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 59°43'29", A DISTANCE OF 180.49 FEET; THENCE S.19°40'36"E., 32.72 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES S.63°44'27"W., A RADIAL DISTANCE OF 76.32 FEET; THENCE SOUTHERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 57°42'33", A DISTANCE OF 76.87 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.44°42'06"W., A RADIAL DISTANCE OF 108.90 FEET; THENCE WESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 81°42'27", A DISTANCE OF 155.29 FEET; THENCE N.41 °31 '05"W., 64.56 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES S.70047'33"W., A RADIAL DISTANCE OF 54.80 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 88°59'56", A DISTANCE OF 85.12 FEET; THENCE S.77°50'31 "W., 35.12 FEET; THENCE S.70000'OO"W., 135.07 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.14°24'07"W., A RADIAL DISTANCE OF 85.01 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 112°36'19", A DISTANCE OF 167.07 FEET; THENCE N.86°57'35"W., 38.24 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.00028'24"W., A RADIAL DISTANCE OF 44.58 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 82°56'23", A DISTANCE OF 64.53 FEET TO THE POINT OF CURVE OF 3 W -10-013] G.DES/04/PN7953 Agenda Item No. 16D4 January 11, 2005 Page 18 of 22 EXHIBIT Page_Of A NON TANGENT CURVE TO THE LEFT, OF WHICH TItE RADIUS POINT LIES S.85023'36"W., A RADIAL DISTANCE OF 200.78 FEET; THENCE NORTHERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 12°58'03", A DISTANCE OF 45.44 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES S.67029'22"W., A RADIAL DISTANCE OF 264.37 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 2]°02'23", A DISTANCE OF 97.08 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES S.45000'47"W., A RADIAL DISTANCE OF 161.06 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 18°27'54", A DISTANCE OF 51.91 FEET TO THE POINTOF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.37°20'39"E., A RADIAL DISTANCE OF 135.38 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 51 °52'20", A DISTANCE OF 122.57 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES S.82°26'09"E., A RADIAL DISTANCE OF 107.07 FEET; THENCE NORTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 118°]8'42", A DISTANCE OF 221.09 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES S.69°09'24"E., A RADIAL DISTANCE OF 14.45 FEET; THENCE SOUTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 122°11'50", A DISTANCE OF 30.82 FEET; THENCE N.78°38'45"E., 18.69 FEET; THENCE N. 00°00'00" E., 107.15 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°00'00"; THENCE NORTHWESTERLY ALONG THE ARC A DISTANCE OF 39.27 FEET; THENCE S. 00°00'00 W., 65.88 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 80.00 FEET AND A CENTRAL ANGLE OF 77°22'15"; THENCE NORTHWESTERLY ALONG THE ARC A DISTANCE OF 108.03 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.I6°55'26"E., A RADIAL DISTANCE OF 25.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 81 °05'39", A DISTANCE OF 35.38 FEET TO A POINT OF REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 6]2.12 FEET AND A CENTRAL ANGLE OF 11 °04'13"; THENCE NORTHERLY ALONG THE ARC, A DISTANCE OF 118.27 FEET; THENCE S.57°45'34"W., 34.93 FEET; THENCE N.32°14'26"W., 33.57 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES S.12°]3'48"E., A RADIAL DISTANCE OF 130.00 FEET; 4 W -10-013 I G.DES/04/PN795} ----------" EXHIBIT Agenda Item No. 16D4 January 11, 2005 Page 19 of 22 Page...J--- of THENCE SOUTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 21 °29'57", A DISTANCE OF 48.78 FEET; THENCE S.56°16'15"W., 85.80 FEET; THENCE S.50002'38"W., 39.05 FEET; THENCE S.43°49'01"W., 58.32 FEET; THENCE S.40029'53"W., 194.86 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES S.67°42'44"W., A RADIAL DISTANCE OF 117.24 FEET; THENCE SOUTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 101 °55'52", A DISTANCE OF 208.57 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES S.20052'20"W., A RADIAL DISTANCE OF 931.05 FEET; THENCE SOUTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 06°07'08", A DISTANCE OF 99.43 FEET; THENCE S.ll °03'19"E., 11.02 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.07°34'18"W., A RADIAL DISTANCE OF 241.33 FEET; THENCE WESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 39°27'36", A DISTANCE OF 166.21 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES S.30011'22"W., A RADIAL DISTANCE OF 155.61 FEET; THENCE WESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 69°18'23", A DISTANCE OF 188.23 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.47°19'1l "W., A RADIAL DISTANCE OF 205.83 FEET; THENCE WESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 63°35'12", A DISTANCE OF 228.43 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES S.07°55'48"W., A RADIAL DISTANCE OF 425.31 FEET; THENCE WESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 40°16'14", A DISTANCE OF 298.93 FEET; THENCE CONTINUE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 °34'12", A DISTANCE OF 85.88 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES S.55°40'40"E., A RADIAL DISTANCE OF 209.05 FEET; THENCE SOUTHERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 45°34'57", A DISTANCE OF 166.32 FEET; THENCE S.11 °34'03"E., 1 03.98 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 161.00 FEET AND A CENTRAL ANGLE OF 26°19'22"; THENCE SOUTHERLY ALONG THE ARC A DISTANCE OF 73.97 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES S.75°33'23"E., A RADIAL DISTANCE OF 303.52 FEET; 5 W-l 0-0131 G.DES/04/PN7953 -----.-.----------- Agenda Item No. 1604 January 11, 2005 Page 20 of 22 EXHIBIT page---.:.. of THENCE SOUTHERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 32005'17", A DISTANCE OF 169.99 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES S.72008'38"W., A RADIAL DISTANCE OF 428.85 FEET; THENCE SOUTHERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 330] 8'26", A DISTANCE OF 249.30 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES S.74049'53"E., A RADIAL DISTANCE OF 255.36 FEET; THENCE SOUTHERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 51°18'45", A DISTANCE OF 228.70 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES S.54°37'32"W., A RADIAL DISTANCE OF 340.90 FEET; THENCE SOUTHERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 31 °11'51 If, A DISTANCE OF 185.62 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES N.83°10'OO"E., A RADIAL DISTANCE OF 94.26 FEET; THENCE SOUTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 78°49'16", A DISTANCE OF 129.67 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; CONTAINING 66.70 ACRES, MORE OR LESS. AGNOLI, BARBER& BRUNDAGE, INÇ", PROFESSIONAL EN,~!~~EfiR~ERS & LAND SURVEYORS ¿I -=-~..,_/'- ~- //--- B0 /'J' -- "" ,,' ". ~//, I"/,,.'A, .' // / 7 J ,/' . ')-¿._, , t / )YAýNE n AG~~GLI, lL>':.M. NO. ~ 5 ' // / 6 W-10-OI31 G.DES/04IPN7953 ....!ß. . 1=IIrn.GNOU .....Ð:) 1=1=IIuARBER & ······æ ....... __... RUNDAGE, INC. EXHfBIT Agenda Item No, 1604 January 11, 2005 Page 21 of 22 Page_of DESCRIPTION OF CONSERVATION EASEMENT NO. 5 A CONSERVATION EASEMENT OVER AND ACROSS ALL THAT PART OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE QUARTER (1/4) CORNER OF SAID SECTION 30; THENCE NORTH 02°06'13" WEST ALONG THE WEST LINE OF SAID SECTION 30, A DISTANCE OF 333.72 FEET; THENCE LEAVING SAID WEST LINE OF SAID SECTION 30, SOUTH 89°57'54" EAST 329.97 FEET; THENCE NORTH 02°06'09" WEST 166.86 FEET; THENCE SOUTH 89°57'54" EAST 329.98 FEET; THENCE SOUTH 02°06'03" EAST 500.58 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 02°06'03" EAST 68.28 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCA VE NORTHEASTERLY AND HAVING A RADIUS OF 10.00 FEET; THENCE SOUTHERLY, SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 89°21 '21" AN ARC DISTANCE OF 15.60 FEET TO A NON- TANGENT INTERSECTION WITH THE ARC OF A CIRCULAR CURVE CONCA VE NORTHERLY AND WHOSE RADIUS POINT BEARS NORTH 01 °23 '25" WEST 2528.04 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 09°41 '43" AN ARC DISTANCE OF 427.78 FEET TO A POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE CONCA VE SOUTHERLY AND HAVING A RADIUS OF 552.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 41°16'56" AN ARC DISTANCE OF 397.72 FEET TO AN INTERSECTION WITH A NON-TANGENT LINE; THENCE NORTH 41 °40'06" EAST ALONG SAID NON-TANGENT LINE; THENCE NORTH 41 °40'06" EAST ALONG SAID NON-TANGENT LINE A DISTANCE OF 127.82 FEET; THENCE NORTH 89°57'54" WEST 906.24 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 1.05 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLI, BARBER & BRUNDA~;'1NC. PROFESSIONAL ENG~8ERs;PLA0· NNERS: & LAND SURVEYORS ¿ .,J--L/ /)< ; -. " ~E:D:AGNOLI' R.S.M. NÖY'33~W;L" ~Jfu~. ABB DWG. FILE NO. 8895-SD w - 0-0 29G.DES/04/PN7953 ~ ¡¡ I II I ~ J .. Ifun "¡Ii I)h InH uvu H~H Agenda Item No. 16D4 January 11, 2005 Pa e 22 of 22 :u -- t· LlV1NGSTON ROAD (RIGHT Of WAY VARIES) -- ... INTERSTA TE 75 (SR. 93) (RIGHT Of WAY VARIES) 'IIi !~::: í i i ií I Iii 111111 I! ¡ ! 1..1 I III 'n · I 1·\ I I Iii I II . Ii ~E: =-~-=- ,~ Agenda Item No. 1605 January 11, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a budget amendment to recognize and apppropriate private contribution revenue of $11,000 for Domestic Animal Services. OBJECTIVE: To provide funds received through private con1ributions to purchase additional field and kennel equipment not previously budgeted in FY 2004-05. CONSIDERATIONS: Recently, Domestic Animal Services was the recipient of two (2) large private con1ributions totaling $11,000.00. It is staffs recommendation that the con1ributions received recently be appropriated to purchase replacement and/or additional field and kennel equipment to be used for humane capture and handling of animals not previously budgeted in FY 2004-05. Equipment to be purchased will provide for more humane capture and containment of animals and will assist Animal Control Officers to document cases of animal cruelty or abuse. Equipment listing includes snake hooks, snappy snares, transport cages, net guns, containment pens for large livestock, temporary holding cages for poultry, heating lamps, holding tanks for reptiles, and cameras for cruelty investigations. FISCAL IMPACT: Approving this budget amendment will increase the FY 2004-05 Domestic Animal Services budget by $11,000.00. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. . RECOMMENDATION: That the Board of County Commissioners approve a budget amendment to recognize and appropriate private contribution revenue of$11,000 for Domestic Animal Services. - Agenda Item No. 1605 January 11, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1605 Recommendation to approve a budget amendment to recognize and appropriate private contribution revenue of $11,000 for Domestic Animal Services. Meeting Date 1/11/20059:0000 AM Prepared By Date Cynthia Stasiewski Administrative Assistant 12128f2004 8:42:45 AM Public Services Domestic Animal Services Approved By Amanda Townsend Operations Coordinator Date Public Services Parks and Recreation 12f28f2004 1 :49 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 12/30/2004 11 :52 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/30/2004 12:46 PM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 12f30f2004 2: 26 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12f311200410:36 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/31/20044:29 PM Agenda Item No. 16D6 January 11 , 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a budget amendment in the amount of $50,000 to cover pre-acquisition expenses related to the purchase of Caribbean Gardens and adjoining lands from the Fleischmann family OBJECTIVE: To pursue the purchase of the Caribbean Gardens and adjoining lands in a timely manner. CONSIDERATIONS: During the November 2004 election, citizens of Collier County approved a referendum taxing themselves in support of purchasing the Caribbean Gardens and adjoining lands. As the County pursues acquisition, two appraisals and other due diligence items are required. Funds from the referendum will not be realized until Fiscal Year 2006. A budget amendment is required to fund pre-acquisition costs. FISCAL IMPACT: Staff has prepared a budget amendment transferring $50,000 from General Fund Reserves to the appraisals line item within the Real Estate Services budget. The General Fund will be reimbursed upon availability of referendum funds in Fiscal Year 2006. GROWTH MANAGEMENT IMPACT: This recommendation has no impact on growth management. RECOMMENDATION: That the Board of County Commissioners approves a budget amendment in the amount of $50,000 to cover pre-acquisition expenses related to the purchase of Caribbean Gardens and the adjoining lands. - ~~".. """""l'.,-.-,...,.q- "~'.~,=-.~_..~.-.. Agenda Item No. 1606 January 11, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16D6 Recommendation to approve a budget amendment in the amount of $50,000 to cover pre- acquisition expenses related to the purchase of Caribbean Gardens and adjoining lands from the Fleischmann family Meeting Date 1/11/20059:0000 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 12/30/2004 11: 09 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/30/2004 12:47 PM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 12/30120042:54 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/31/20049:48 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/31/20045:12 PM "'"".~.__.~ Agenda Item No. 16E1 January 11, 2005 Page 1 of 3 EXECUTfVESU~Y Recommendation to award Bid #04-3714 to Terminix International Company as primary provider for annual pest control services. OBJECTIVE: To approve the award of Bid #04-3714 "Pest Control Services" to Tenninix International Company as primary provider for the annual pest control services for County facilities. CONSIDERATIONS: The Department of Facilities Management is responsible for managing pest control services for County facilities. These services are contracted through a local vendor and include regular spraying for the many different pests and insects found in Southwest Florida, along with selected special services. On September 3, 2004, the Purchasing Department solicited bids for the annual pest control services for County fà.cilities. The bids encompassed comprehensive pest control services for all of Collier County's Government buildings. Services include regular inspections and spraying as well as on call services for emergencies. The selection of a vendor was based upon cost per square foot pricing for various size structures for monthly services. A total of three (3) bidders responded (see attached bid tabulation sheet). TotaJ costs for monthly services provided by '{enninix will be $27,500.00 Staff recommends award of Bid #04-3714 to Tenninix International Company as primary provider for the purpose of annual pest control services. FISCAL IMPACT: Pest control service expenses average $50,000 annually. Funds are budgeted in the Facilities Management Building Maintenance Cost Center. GROWTH MANAGEMENT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board award Bid #04-3714 to Tenninix International Company for the purpose of providing annual pest control services. SUBMIITED BY: Daniel R. Rodriguez, Facilities Manager, M.B.A. Department of Facilities Management - Agenda Item No. 16E1 January 11 , 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E1 Recommendation to award Bid #04·3714 to Terrninix International Company as primary provider for annual pest control services. Meeting Date 1/11/20059:00:00 AM Approved By Daniel R. Rodriguez, M.B.A. Facilities Manager Date Administrative Services Facilities Management 12/14/2004 9:53 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services F acllltíes Management 12116/20047:50 AM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 12/16/200411:01 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 12/17/20048:07 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 12/20/2004 12:53 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/21/20042:45 PM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/21/20044:29 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget' 12/22/20042:51 PM Approved By James V. 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I+: .... ::I ~ (/J I\) o o .>- "'0 æ 00 00 00 ~ z· >- >- >- ., ~ ~ ~ ~~ ~' Z ~ ~ J .,- .... ~ -~ " , ~ '" ~~~ a. ,."- Z 'ë-:. "C (D .r:: CJ CIJ ~ (/J CD (.) c: CI) .... .æ CD c::: ¿,.: c .... en -¡- 0 I ,) , "C E '" ~ CD ::ë ,g (.) ... I ,) .r:: CI) ro ::r:: (.) r- (.) 0 ItI ~ ~ ~ :¿ - :t: c: 0 Q) ,.c ~ « u a (/J IZI CI) - c::) en ::::. .. co - c: a.. "C = Q,j CI) º ~ ~ .., (.) O j :::¡ E '0 -< = CD : ... E ~ ~ a.. 0 ¡; c ~. ~ (.) 0 < E . ::J "C c: CD "'C ~ ~ "C CI) ..c: (.) co ~ .... o t) CIJ ... 'E o CJ .Q ::I (f) (;) ::J "'~\';;''''i'",,' ., EXECUTIVE SUMMARY Agenda Item No. 16E2 January 11, 2004 Page 1 of 3 Recommendation to award Bid No. 05-3733 HandymanlMinor Carpentry Services to Wm. J. Varian Construction Co. Inc., Bradanna Inc. and Made In Rio, Inc. for routine carpentry services. OBJECTIVE: To award a Contract for minor carpentry services to be used for the repair and maintenance of building structures. CONSIDERATION: The Department of Facilities Management is responsible for the maintenance and repair of many buildings countywide. Outside contractors are used by the Department of Facilities Management and other County departments to provide competitive and timely work associated with building maintenance repairs such as door and window replacements, counter installations, siding repairs and many other general contractor services. This bid is put into place to provide additional resources for County departments to offset labor shortages during peak periods. On September 29, 2004, formal bid invitations were posted in the lobby of the Purchasing Building and distributed to 196 firms who provide similar services. On October 13, 2004, bids from three (3) firms were received and opened (see attached bid tabulation sheet). All three vendors were very competitive (coming within two dollars an hour for their standard rate and all having the same percentage markup on parts). Staff has reviewed the bids and recommends award to Wm. 1. Varian Construction Co. Inc., Bradanna, Inc., and Made in Rio, Inc. Through multiple award, Department's will receive competitive quotes, as well as, timely service. All three vendors may quote project estimates over $10,000, while small projects under $10,000 may be billed as time and materials. FISCAL IMPACT: Minor carpentry building maintenance repair and service expenses average $200,000 annually. Funds are budgeted in various Department's operating and capital cost centers. GROWTH MANAGEMENT IMP ACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award Bid No. 05-3733 for HandymanlMinor Carpentry Building Maintenance Services to Wm. 1. Varian Construction Co. Inc., Bradanna, Inc., and Made in Rio, Inc. Prepared by: Daniel R. Rodriguez, M.B.A., Facilities Manager Department of Facilities Management --- Agenda Item No. 16E2 January 11, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E2 Recommendation to award Bid No 05-3733 Handyman/Minor Carpentry Services to Wm J. Varian Construction Co. Inc, Bradanna Inc. and Made In Rio, Inc. for routine carpentry services. Meeting Date 1/11/20059:00:00 AM Approved By Daniel R. Rodriguez, M.B.A. Facilities Manager Date Administrative Services Facilities Management 12/14/20049:54 AM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 12/14/20041:09 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 12/16/2004 7 :49 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 12/17/20048:04 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 12/20/2004 12:55 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/21/20042:48 PM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/21/20044:34 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 12/22/20042:00 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/30/20046:51 PM ~8~ ~":&? ~l ~§'ii:i m¿æC].) ~g. co C].) g;~ « "'" o o N -- 0\ N -- 0\ ...... s::: C].) E C].) 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Q) .s ~ ß .~ ::E EA Vt tI) tI) ('¡) E ~ ~ o o N o o ~ "'" o o M \0 """ Vt I./') N Ó "'" o V} t"- V} EA EA I-; ;:I o ,J:: l- t/) g S 'ii:i 000 :: u ~ u ª ~ "1;j rn s::: ;.::: ¡:: ..... 0 cd ;g ::c:: 0.. p::¡ s::: I-; Š 0 cd ...... ,0. ~~ ~ ::r ~~ 0 ~ ~~ ~ ::;E ; ~ ~ ~ u~ ~ .;:!~ \;..Q .Q 5 '5 .s S S B ~ ~~ ~ æ::;E ... ;:I o ,J:: I-; g ..... t/) I I I I I I .. - 'it Agenda Item No. 16E3 January 11 , 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to ratify modifications to and deletions from the 2005 Fiscal Year Pay and Classification Plan made from September 28, 2004 through December 17, 2004. OBJECTIVE: For the Board of County Commissioners to ratifÿ modifications to and deletions from the 2005 Fiscal Year Pay and Classification Plan. CONSIDERATION: Attached, as Exhibit 1, are modifications to and deletions ftom the County's 2005 Fiscal Year Pay and Classification Plan that were made between September 28, 2004 and December 17, 2004. The modifications result from organizational realignments, the addition of new job responsibìlìties and comparisons to market data that have occurred since the Pay and Classification Plan was approved in September 2004. The deletions result from certain classifications becoming obsolete as a result of organizational realignments. FISCAL IMPACT: The results of this action wìl1 have a fiscal impact to the County for minimal salary adjustments which are absorbed by individual departments. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners ratify modifications to and deletions from the 2005 Fiscal Year Pay and Classification Plan. 1 Agenda Item No. 16E3 January 11, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E3 Meeting Date Recommendation to ratify modifications to and deletions from the 2005 Fiscal Year Pay and Classification Plan made from September 28, 2004 through December 17, 2004. 1/11/20059:0000 AM Prepared By Date Donald Albonesi Compensation Manager 12/15/20048:43:43 AM Administrative Services Human Resources Approved By Donald Albonesi Compensation Manager Date Administrative Services Human Resources 12/15/20048:43 AM Approved By Jeffrey A. Walker, CPCU, ARM Risk Management Director Date Administrative Services Risk Management 12129/20049:56 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/29/2004 11 :03 AM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/29/20042:55 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/31/20048:58 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/31/200410:11 AM C"') lí) -<:t WO_ (DOO ...-NC"') 0"'- Q) Z"- OJ ro E ;::-0.... Q)ro _::1 - c: roro "'0 -, c: Q) OJ « o C _ ftI ~ ~ E ¡ C :8~~:8 ~rnii~ q:: C u q:: =ã 0 LL.'! '! o :¡:¡ ... :¡¡¡:It).!! 'ac°t) CD ~'a rn'a".C oC,ëftl ftI_ o ... a. ..,. o o N .... ..... ... CD .a E CD u CD C .c ::s e .c - ..,. o o N ftlOO a.N ... 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'1: '" ... i!: CD ~ as 0 0. ëJ " «I :J .£J 0 D- en .Q, Agenda Item No. 16E4 January 11, 2005 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to award Bid #04-3706 - "Chemicals for Utilities" to various vendors in . the estimated annual amount of$987 ,807.73 OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the COWlty Water/Sewer District, award Bid #04-3706 - "Chemicals for Utilities" to the various vendors listed in Exhibit A in order for the County to continue chemical treatment of water and wastewater. CONSIDERATION: 1. The County's Public Utilities Division operates water and wastewater facilities necessary to serve the customers of the County Water/Sewer District. 2. These treatment facilities provide treatment of the County's water and sewage through chemical addition, in order to achieve compliance with Federal and State Regulations. 3. The Public Utilities Division solicits chemical bids annually to provide the necessary chemicals to operate the County's water and wastewater facilities. 4. Bid #04-3706 was posted on October 6, 2004. Fifty-four (54) inquiries were sent to vendors. Seventeen (17) packages were received. All legal requirements have been met. 5. Staff has reviewed the bids received and recommends the vendors listed in Exhibit A as having submitted the lowest, qualified and responsive bids and provided information on training as specified in the bid documents. Univar was the low bidder for sodium fluorosilicate and 50% sodium hydroxide. However, they were considered non-responsive as they quoted quarterly pricing rather than the annual pricing specified in the bid package, and they did not provide information on training with their bid package. Jones Chemical, Inc. was the second low bidder on 50% sodium hydroxide and the company was the awardee on the previous contract. Jones Chemical missed several shipments in October causing Staff to search elsewhere for 50% sodium hydroxide in order to continue treating water. Staff therefore recommends awarding the sodium fluorosilicate to Brentag Mid-south, as the qualified and responsive bidder and awarding the 50% sodium hydroxide to Allied Universal as the qualified and responsive bidder. GROWTH MANAGEMENT IMPACT: These purchases are necessary in order for the County to operate its treatment facilities and provide water and wastewater service to the County's existing customers, as well as for future growth. - FISCAL IMP ACT: The fiscal impact of awarding this bid is in the estimated amount of $987,807.73. Funds are budgeted and approved in the Collier County Water/Sewer District North and South Water Treatment Plants, North and South Wastewater Reclamation Facilities, and Pelican Bay Wastewater Treatment plant budgets. The estimated fiscal impact represented in Agenda Item No. 16E4 January 11 . 2005 Page 2 of 8 the following recommendation is based on estimated quantities listed in the bid infonnation. These are only estimates used for bidding purposes and shall not be interpreted as the Board's authorized expenditure limits. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the County Water Sewer District, award Bid #04-3706 to the vendors listed on Exhibit A attached. Submitted by: Lyn M. Wood, Purchasing Agent/Contracts Specialist .-. 'r Agenda Item No. 16E4 January 11, 2005 Page 3 of 8 EXHIBIT A CHEMICAL VENDOR UNIT COST PER UNIT FISCAL IMPACT Sodium Univar $21.00 50 lb. Bag $50,400.00 Fluorosilicate Potassium Carns Chemical $456.44 330 lb. Drum $114,110.00 Permanganate Anhydrous Brentag Mid- $104.93 150 lb. $524.65 Ammonia South Cylinder Anhydrous Tanner $590.00 Ton $27,140.00 Ammonia Industries Chlorine Allied $55.50 150 lb. $277.50 Universal Cylinder Chlorine Allied $434.00 Ton $225,680.00 Universal 50% Sodium Allied $458.85 Ton $75,231.00 Hydroxide Universal Membrane American $.53 Pound $53,000.00 Scale Inhibitor Water Chemicals 25% Sodiwn Fort Bend $.63 Gallon $59,850.00 Hydroxide Calcium Harcross $84.24 100 lb. $29,905.20 Hypochlorite Chemical Container Calciwn Harcross $48.50 50 lb. Container $485.00 Hypochlorite Chemical Dewatering Nalco $1,643.125 Pallet $4,929.38 Polymer Company Quicklime Chemical Lime $141.00 Ton $346,275.00 TOTAL 5987,807.73 Aqenda item No, 1 ôE4 ~ Januarv 1 '1 , 2005 Page 4 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E4 Meeting Date Recommendation to award Bid #04-3706 - "Chemicals for Utilities" to various vendors in the estimated annual amount of $987,80773 1/11/200590000AM Prepared By Date Lyn Wood Purchasing Agent 12/15J2004 12:51 :00 PM Administrative Services Purchasing Approved By Paul Mattausch Water Director Date Public Utilities Water 12/16/200411:25 AM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 12/16/20042:05 PM Approved By Joseph B, Cheatham Wastewater Director Date Public Utilities WasteWater Treatment 12J16/2004 4: 59 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 12/17J2004 8:18 AM Approved By Steve Messner Water Plant Manager Date Public Utilities Water 12/17J200410:22 AM Approved By Jon Pratt Treatment Plant Superintendent Date Public Utilities WasteWater 12/17J200411:50 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 12/20J2004 12:58 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/21J2004 3:22 PM Approved By Robin Johnson ManagementIBudget Analyst Date County Manager's Office Office of Management & Budget 12J21J2004 4:39 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12J22/2004 2:57 PM Approved By Agenda Item No. 16E4 January 11, 2005 Page 5 of 8 James V. 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I I , ~ ~~~ ¡ "'15'!:,~ ¡~~If g~ 0..121;, I:: in. ,8. I~ Ii ¡...J '.~ "'1'5 '1!!.I!'ii ;a:I.JSc.. -I- I III , 8.1 II I ~ o o N ., '" ~ 5,¡- ,28 .,N B~ 'Ë ~ ",,8 .<:: 0 ü- ~ö 0.. .... II> "':::> g~ !am me ,Q~ 8:i! .. Ii n.n. 15 I ~ m ,j J , § I' .~ , " i I I: I' i [ i I'~ I i, [I ,fi :11 I, l' II ,I :) I III I II Iii I I 'b II :.!! '13 1m I~ '1! ~ , I~ ~11 1¡læ ¡II: IE I~ ~ i~l~ -81 l ~' J: § ~ ~ '" I , -- Agenda Item No. 16E5 January 11, 2005 Page 1 of 7 Recommendation to approve a two-year Lease Agreement with Congressman Connie Mack for the use of County-owned office space for a total of 520.00 and to approve a budget amendment totaling 555,816.20 for the renovation of office space for Congressman Mack and State Representatives Mike Davis and Dudley Goodlette. EXECUTIVE SUMMARY OBJECTIVE: Approve a Lease Agreement with Congressman Connie Mack for office space at the Main Government Center and all associated budget amendments for improvements to office space for Congressman Mack and State Representatives Davis and Goodlette within the Administration Building. CONSIDERATIONS: In order to provide the citizens of Collier County with as many government services as possible in one location, the County has provided office space to State and Federal officials. In concert with the recent elections, and in an effort to accommodate Congressman Connie Mack and additional requirements by State Representatives Mike Davis and Dudley Goodlette, County staff has worked closely with these offices to design a proposed plan that provides space to all three officials. The plan moves Representative Davis to the second floor of the Administration Building and provides Representative Goodlette with additional space on the second floor. Congressman Mack will occupy Representative Davis' previous space on the first floor. Renovations include relocation and upgrades to wall partitions, modifications to the fire and life safety systems and new carpet. - For Congressman Mack, the County has prepared a two-year Lease that runs from January 3, 2005 to January 2, 2007. The lease contains a two-year renewal period pending the Congressman's re- election. The rent during the initial and renewal lease periods is $10 annually. The County will be responsible for utilities and janitorial service and Congressman Mack will be responsible for long distance telephone charges. As required by Florida Statute 125.38, a Resolution is attached declaring that the office space is not required for County use and, therefore, available for lease to Congressman Mack. FISCAL IMP ACT: The rental fee of $20 will be paid in full for the two years in advance and shall be deposited in the General Fund (001). The total cost of all renovations is $55,816.20. Since these renovations were unanticipated and not budgeted, a budget amendment is needed to transfer funds from the General Fund (001) reserves to the County-Wide Capital Fund (301), General Building Repairs (WBS element 52525) in the amount of$55,817. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of County Commissioners approve the Lease Agreement with Congressman Connie Mack along with the necessary Budget Amendment addressed within this summary and authorize its Chairman to execute the Lease Agreement, Budget Amendment and Resolution. - PREPARED BY: Damon Gonzales, CADD Technician Department of Facilities Management -_. ---y--....-.----... Agenda item No. 16E5 January 11, 2005 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E5 Meeting Date Recommendation to approve a two-year Lease Agreement with Congressman Connie Mack for the use of County-owned office space for a total of $20.00 and to approve a budget amendment totaling $55,816.20 for the renovation of office space for Congressman Mack and State Representatives Mike Davis and Dudley Goodiette. 1/11/200590000 AM Prepared By Date Damon Gonzales 12/22/20048:57:06 AM Administrative Services Facilities Management Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 12/22/2004 9: 12 AM Approved By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 12122120049:19 AM Approved By Charles E. Carrington, Jr., SRIWA Real Estate Services Manager Date Administrative Services Facilities Management 12/22/2004 10:58 AM Approved By Jeffrey A. Walker, CPCU, ARM Risk Management Director Date Administrative Services Risk Management 12/22/2004 2:4G PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/23/2004 10:39 AM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 12/30/20042:15 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/31/200410:55 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/31/20045:04 PM r--· _._..~_.~-- Lease # Agenda Item No. 16E5 January 11, 2005 Page 3 of 7 LEASE AGREEMENT THIS LEASE AGREEMENT entered into this _ day of , 2005, between Congressman Connie Mack, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE", and COLLIER COUNTy, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property ]ocated at the Collier County Government Center, Administration Building, Suite 105,3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the "Demised Premises", situated in the County of Collier and the State of Florida, for the sole purpose of operating a United States government office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a tenn of two (2) years, commencing on January 3, 2005 and ending January 2, 2007. LESSEE is granted the option, provided LESSEE is re- elected to the same office and is not in default of any of the tenns of this Lease, to automatically renew same for additional terms of two (2) years which shall reflect the LESSEE'S term of office, under the same terms and conditions as provided herein. by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. Any holding over the expiration of the terms of this Agreement with the consent of LESSOR shall be construed to be tenancy from month-to-month under the terms and conditions as provided herein, until such time as a new Lease Agreement can diligently be processed by LESSOR for the new term. LESSOR reserves the right to terminate this Lease, with or without cause, by providing LESSEE with thirty (30) days written notice to the address set forth in Article 14 of this Lease. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Ten Dollars and 00/100 Cents ($10.00) per annum. The rent for the initial Lease term shall be paid in full thirty (30) days following the ex.ecution of this Lease by LESSOR. In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent stated above shall remain the same for the ensuing renewal term and shall be paid in full for the renewal term thereof and shall be paid within thirty (30) days for the commencement of the renewal tenn. ARTICLE 4. Other Expenses and Charges LESSOR shall pay all costs associated with the Demised Premises including, but not limited to, janitorial services and any and utility charges, ex.cept for long distance telephone charges which are addressed below. Utility charges shall include, but shall not be limited to, one (1) cable television outlet, electricity, light, heat, air conditioning, power, water. and sewer services used, rendered or supplied thereupon or in connection with the Demised Premises. LESSEE shall be billed by LESSOR for two (2) telephone voice lines. LESSOR shall bill, on a monthJy basis, LESSEE'S Washington, D.C. office for all Suncom, telephone voice lines and long distance calls. LESSEE covenants to pay LESSOR for monthly Suncom, telephone voice lines and ]ong distance charges. within thirty (30) days of receipt of invoice, in lawfuL money of the United States of America, at the address of LESSOR set forth in this Lease or at such other place as LESSOR may designate. __.0 _____...._ -----~_. ARTICLE 5. Modifications to Demised Premises Agenda Item No. 16E5 January 11, 2005 Page 4 of 7 ,- Prior to making any changes. alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations. improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee wiJl then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a denial to such request to LESSEE. LESSEE covenants and agrees in connection with any maintenance. repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements and additions to said Demised Premises shall at once, when made or instalJed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewallerm thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shalJ promptly remove the additions, improvements, alterations, fixtures and instalJations which were placed in, on, or upon the Demised Premises by LESSEE. and repair any damage occasioned to the Demised Premises by such removal; and in default thereof. LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupi~d for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 6. Access to Demised Premises LESSOR, its duly authorized agents, representati ves and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing services therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 7. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR. ARTICLE 8. Indemnitv and Insurance The LESSEE is covered by protection of the Federal Tort Claim Act. ARTICLE 11. Maintenance LESSEE shall keep the Demised Premises clean at all times. ARTICLE 12. Default by LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may, at its option, terminate this Lease after providing written notice to LESSEE, as specified in Article 2 of this Lease, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 13. Default bv LESSOR LESSOR shalJ in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after nolice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ---- -" ~-- ------ ARTICLE 14. Notices Agenda Item No. 16E5 January 11, 2005 Page 5 of 7 Any notice which LESSOR or LESSEE may be required to give to the other party shan be in writing to the other party at the following addresses: LESSOR: Board of County Commissioners c/o Real Estate Services 3301 East Tamiami Trail Administration Building NapJes, Florida 34112 LESSEE: Congressman Connie Mack Administration Building, Suite 105 330 I East Tamiami Trail Naples, Florida 34112 cc: Office of the County Attorney Facilities Management Department Director ARTICLE 15. Surrender of Premises LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises at the termination of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 16. General Provisions LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay an saJcs tax imposed on the rental of the Demised Premises where applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 17. Environmental Concerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (including attorneys fees) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment. ARTICLE 18. Radon Gas In compliance with Section 404.056. Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 19. Extent of Liens An persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR in the Demised Premises shan not be subject to liens for improvements made by the LESSEE, and liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. ARTICLE 20. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. :> ARTICLE 21. Governine: Law Agenda Item No. 16E5 January 11, 2005 Page 6 of 7 This Lease shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk AS TO LESSEE: DATED: BY: CONGRESSMAN CONNIE MACK WITNESS (signature) (print name) WITNESS (signature) (print name) Approved as to form and leg~fficienCy:") { . l 0 .tv' \ ~ J ' l.I.v-- Thomas C. P.hmer Assistant County Attorney _._-_.~ 4 ---.- Agenda Item No. 16E5 January 11, 2005 Page 7 of 7 RESOLUTION No. 2005 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND CONGRESSMAN CONNIE MACK FOR UTILIZA TION OF OFFICE SPACE WITHIN THE ADMINISTRATION BUILDING. WHEREAS, Congressman Connie Mack ('Congressman') desires to lease an office space on the first floor of the Administration Building, Suite 105, owned by Collier County, a political subdivision of the State of Florida ("Collier County"), in order to operate a United States government office. WHEREAS, the Lease Agreement provides for an initial two (2) year term which reflects the Congressman's election term. The Lease provides for automatic renewal terms, if the Congressman is re-elected, for additional two (2) year terms following the initial Lease term. The rent shall be Ten Dollars annually throughout the life of the Lease. WHEREAS, the Board of County Commissioners is satisfied that this property IS required for the Congressman's use and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The Board of County Commissioners does approve the attached Lease Agreement between Collier County and Congressman Connie Mack, U.S. House of Representati ves. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this after motion, second and majority vote. day of , 2005 ATfEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: Approved as to form and legal sufficiency: :'ì I -r 0""'- \' &vv~- Thomas C. Palmer Assistant County Attorney Agenda Item No. 16E6 January 11, 2005 Page 1 of 8 ..,"-'. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust, approve and execute an agreement which provides 560,200 from the GAC Land Trust Fund to the Big Corkscrew Island Fire Control & Rescue District for the purchase of various equipment. OBJECTIVE: To secure Board of County Commissioners' (Board) approval and execution of the attached Agreement which provides for a maximum expenditure of $60,200 fÌ"om the GAC Land Trust to purchase office furniture and training and communication equipment for the administrative facility being constructed by the Big Corkscrew Island Fire Control & Rescue District (District) at 13260 lmmokalee Road behind Fire & Rescue Station #10 in Golden Gate Estates. A portion of the money will also go toward the purchase of enough Bunker Gear (boots, coats, and pants) to outfit ten fire fighters. CONSIDERATIONS: On November 15, 1983, Avatar Properties, Inc., and Collier County entered into an Agreement (1983 Agreement) that dedicated 1,061.5 acres of property in Golden Gate Estates to the County. The dedication came with the stipulation that the land itself or money derived from the sale of the land would be used by the Board for purposes directly beneficial to the residences of Golden Gate Estates, i.e., fire and police protection facilities and services, public schools, libraries, and recreational facilities. The 1983 Agreement also provided that all capital improvements must be physically located within the geographical boundaries of Golden Gate Estates. - At its October 25, 2004, meeting, the Golden Gate Estates Land Trust Committee recommended by a vote of four members to none (the fifth member position is vacant) that the Board approve the District's request for a maximum allocation of $60,200 for the purchase of the above stated equipment. The District will have twelve months fÌ"om execution of the Agreement to expend all of the funds. As required in the 1983 Agreement, a "Letter of No Objection" (copy attached), has been secured fÌ"om Avatar Properties, Inc. The attached Agreement has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: Funding in the amount of $60,200 is available in the GAC Land Trust Reserves. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact. RECOMMENDATION: Staff is recommending that the Board of County Commissioners: 1. Approve and authorize execution of the attached Agreement; and 2. Approve the attached Budget Amendment. - PREPARED BY: Toni A. Mott, Manager, Property Acquisition & Sales Real Estate Services / Facilities Management Department ,.. -. Agenda Item No. 16E6 Januarv 1'1. 2005 Page 2 of 8 - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E6 Recommendation tllat the Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust, approve and execute an agreement which provides $60,200 from the GAC Land Trust Fund to the Big Corkscrew Isiand Fire Controi & Rescue District for the purchase of various equipment. Meeting Date 1/11/20059:00:00 AM Prepared By Date Toni A. Mott Real Property Supervisor 12/28/2004 11 :57:34 AM Administrative Services Facilities Management Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 12/28/2004 11: 59 AM Approved By Charles E. Carrington, Jr., SRIWA Real Estate Services Manager Date Administrative Services Facilities Management 12/28/200412:13 PM Approved By Jeffrey A. Walker, CPCU, ARM Risk Management Director Date Administrative Services Risk Management 12/29/2004 11 :20 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/29/2004 12:36 PM Approved By Robin Johnson ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 12/30/200411:57 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/31/200410:41 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 114/2005 10:02 AM AGREEMENT Agenda Item No. 16E6 January 11, 2005 Page 3 of 8 . . THIS AGREEMENT made this _day of , 2004 between COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, (hereinafter referred to as "Trustee"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, and the BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT, a Special District created by Laws of Florida, Chapter 77-535, as amended, (hereinafter referred to as the "District") whose mailing address is 13240 Immokalee Road, Naples, Florida 34120. WHEREAS, Trustee has acquired 1,061.5 acres located in Collier County, Florida (hereinafter referred to as "Property"), from Avatar Properties Inc. f/k/a GAC Properties Inc. in accordance with the November 15, 1983 Agreement between Avatar Properties Inc. and Collier County, (hereinafter referred to as the "1983 Agreement"); and WHEREAS, pursuant to the 1983 Agreement, the Property deeded to Trustee and/or the monetary proceeds acquired from the subsequent sale of said Property are to be used to provide governmental facilities within and for the geographical area known as "Golden Gate Estates"; and WHEREAS, Trustee currently has funds derived from the use and/or sale of a portion of the above-described Property; and WHEREAS, District is requesting to utilize funds from the GAC Land Trust to purchase communication equipment (phone system and computer network) as described on the attached Exhibit A ("Communication Equipment") and office furniture as described on the attached Exhibit B ("Office Furniture") for the administrative facility currently being constructed at 13260 Immokalee Road, Naples, Florida 34120, which is located behind Fire Control & Rescue Station #10 (Golden Gate Estates) (hereinafter referred to as the "Administrative Facility"); and WHEREAS, District is requesting funds from the GAC Land Trust to purchase Bunker Gear (boots, coats, pants) for ten (10) of its fire fighters ("Bunker Gear"); and WHEREAS, Communication EqUipment, Office Furniture and Bunker Gear shall be collectively referred to as "Fire Equipment"; and WHEREAS, Trustee has determined that District's request is in accordance with the intent of the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by providing funds for Fire Equipment. WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated r , approving the use of funds derived from the sale of Property to purchase the Fire Equipment for the District's use. NOW THEREFORE, in consideration of the above premises which are incorporated within and made part of this Agreement, and in further consideration of the mutual covenants set forth below, and other good and valuable consideration, acknowledged by the parties to be sufficient, just and adequate, the parties hereto do agree as follows: 1. Trustee hereby agrees to contribute a maximum of Sixty Thousand Two Hundred ($60,200.00) Dollars of the total funds to be expended by the District for purposes hereinafter stated, (hereinafter referred to as the "Funds"), for purposes ot purchasing the Fire Equipment in accordance with the terms and conditions of this Agreement. 2. The District agrees and warrants tilat the Funds wiJi be used solely for the purchase of the Fire Equipment for the Administrative Facility. 3. The District hereby agrees that the purchase of the Fire Equipment shall be in accordance with all applicable bidding or other requirements for the procurement of property and services as set forth in Chapter 267, Florida Statutes, and such other statutory provisions as may be applicable. The District hereby agrees that the obtainment of services shall be conducted in a manner consistent with the Board of County Commissioner's purchasing policy and in proper coordination with the County's Purchasing Department prior to the ordering or receiving of any goods or services purchased under this Agreement. 4. Payment of the Funds to the District for the Fire Equipment shall be in accordance with the following: (1) After delivery of said Fire Equipment to the District, the District shall deliver to the Real Estate Services Director or his designee for approval prior to any payment made to the District: --"- (a) Copies of any and all invoices for said Fire Equipment, clearly stating the purpose of said invoices and indicating that the invoices have been paid in full. Agenda Item No. 16E6 January 11, 2005 Page 4 of 8 (b) A ietter from the District, signed by the Chairperson, stating that the Fire Equipment has been received and accepted in good order and directing the County to reimburse the District upon payment of the invoices for those items outlined above for purposes specified in this Agreement. (2) Within thirty (30) days after receipt and approval of the above-described documents and verification that all invoices have been paid in full by the District, if not already provided, a County warrant for payment shall be prepared and made payable to the District and shall be forwarded directly to the District by the County. In no way, shall the total amount to be paid exceed $60,200. (3) The Fire Equipment shall be purchased by the District within twelve (12) months of the execution of the Agreement by both parties. In the event that the Fire Equipment is not purchased by the District within twelve (12) months from the execution of this Agreement, it is understood and agreed by the parties that the District shall refund and repay to County, within thirty (30) days, any and all Funds which have been provided to the District pursuant to the provisions of this Agreement. (4) If the District obtains any monies as a gift, contribution or reimbursement, through any grant program, pertaining to the purchase of said Fire Equipment, such gift, contribution or reimbursement shall be, within ten (10) days of receipt by District, forwarded to the Board of County Commissioners for deposit into the GAC Land Trust Account as reimbursement of Funds provided for by this Agreement. District agrees to prepare and submit the appropriate grant applications whereby verification of such application, and its approval or denial, shall be provided to the County within thirty (30) days of submittal and/or receipt. (5) The District covenants and agrees that upon the payment of all or any portion from the Funds in accordance with the obligation contained in this Agreement It shall be the further obligation of the District to pay any remaining balance required to complete the purchase of any other Fire Equipment required. 5. The District agrees to obtain and maintain insurance coverage in an amount sufficient to provide for full repair and/or replacement of Fire Equipment in the event the Fire Equipment is damaged or destroyed. 6. The District covenants and agrees that this Agreement is solely between the County and the District and, although the County shall reimburse the District for all or only a portion of the Funds on behalf of the District, the County shall have no direct or indirect liability to the vendor of Fire Equipment or any other third party resulting from this Agreement. 7. District agrees to protect, defend, indemnify and hold the County harmless from any and all claims, actions, causes of action or liabilities including attorney's fees and costs arising from or in any way connected with the use of the Funds or the selection, purchase, delivery or use of the Fire Equipment by the District, its agents, employees, or in any way related to the use of the Fire Equipment by the District, its agents, employees or any third party. 8. The District understands and agrees that the Funds to be provided to the District in accordance with the terms of this Agreement have been derived from and are being provided solely for the sale and/or use of a portion of the Property conveyed to the County pursuant to the 1983 Agreement administered and managed by the County for the GAC Land Trust and that such Funds are currently in County Fund 605-122390 (The GAC Trust Land Sales Fund). The District further understands and agrees that no ad valorem taxes, revenues or moneys form other sources have been committed or will be committed by the Collier County Board of County Commissioners for the purposes set forth in this Agreement. 9. The District agrees that following purchase, and at all times thereafter, the Fire Equipment shall be used to provide communication equipment and office furniture for the Administrative Facility and bunker gear for fire fighters to provide an adequate facilìty and fire and rescue protection within the geographical area commonly known as "Golden Gate Estates". This Agreement is not intended, however, to preclude the use of the Fire Equipment within non-estates areas of the District so long as the primary use is for efficient fire and rescue protection services within Golden Gate Estates. 10. In the event that the Fire Equipment ceases to be utilized by the District as described in Paragraph 2, or if the Fire Equipment ceases to be used in accordance with the terms of this Agreement, the District agrees that the District shall pay to the County, within thirty (30) days, an amount equal to the fair market value of the Fire Equipment as of the date the Fire Equipment ceases to be used by the District as described in Paragraph 2 or the date the Fire Equipment ceases to be used in accordance with this Agreement. The fair market value shall be determined by a third party, selected by the County, who is determined to be qualified to establish the valuation of said Fire Equipment. Agenda Item No. 1 E6 January 11, 2 05 Page 5 f 8 11. Florida. This Agreement is governed and construed in accordance with the laws of the State of 12. Any notice required by this Agreement shall be addressed to the parties at the address set forth below: IF TO THE COUNTY: Collier County clo Real Property Management Department Administration Buiiding 3301 Tamiami Trail East Naples, Florida 34112 IF TO THE DISTRICT: Big Corkscrew Island Fire Control and Rescue District 13240 Immokalee Road Naples, Florida 34120 13. This Agreement represents the entire Agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both parties. 14. This Agreement may not be assigned. IN WITNESS WHEREOF, District and County have caused this Agreement to be duly executed on the day and year first above written. AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chairman AS TO DIST~IC~: DATED: \Q \'--\ Cl....\ ATTEST: BIG CORKSCREW ISLAND FIRE CONT.5S?L A~D REfS U~ DISTRIC; By: ,fit ' " PAUL PLAMONDON Chairman ~(Kf+AKi)\, 'vICFCHMIk. Approved as to form and lega;rffici:ncy: i ~,d L I ~ Heidi F. Àsh\on Assistant County Attorney .- - .~.__._--~ Agenda Item No. 1 E6 January 11, 2 05 Page 6 f 8 Exhibit "B' OFFICE FURNITURE: Entrances 1 Bulletin Board (48" x 36") 3 Trash/cigarette disposal cans Reception Area 1 Desk (right turn) 1 Chair 1 Typewriter Stand 2 Chairs (Guest Area) 1 Table (Guest Area) 2 Display Cabinets (48"W x 18"0 x 70"H) Filing Room 6 4-Drawer Filing Cabinets (26 W'D) 1 Bookcase MeetingfTraining Room 1 Table 30" x72" (Head Table) 5 Chairs (Head Table) 1 0 Tables 18" x 96" (Training/Meeting) 50 Chairs (folding) 16" x 16~ 2 Locking Cabinets 36" x 72" 4-Shelf (Training TapeslBinders) 1 4-Drawer Filing Cabinet (26 W'D) 1 TV Cart w/power (42") 1 TV 1 9" to 21" 1 DVD Player 1 Video Player Office #1 1 Desk & Furniture Set 1 Desk Chair 1 Meeting Table 4 Meeting Table Chairs 1 Cork/white board Office #2 1 Desk & Furniture Set Office #3 1 Desk Chair 1 Guest Chair Office #4 1 Desk (left L) & Furniture Set 1 Desk Chair 1 Guest Chair Exhibit "A" PHONE SYSTEM: (1) Toshiba CTX28 configured for 6 Caller 1.0. 16 Digital Station Ports with Remote Maintenance (7) Toshiba Seven Button LCD Speakerphones (1) Toshiba Ten Button LCD Speakerphones (1) Toshiba GVMU-4 Port'20 Hours VoicemaiVAuto Attendant with Remove Maintenance (1) Add-On-Hold with Customized Message (1) Panamax CO/4 and AC Surge Protection (1) Battery Back-Up (5-7 hours) (1) 7 Data and 13 Voice Cables/Jacks PVC with 12 Port Parch Panel COMPUTER NETWORK: (Phase 1 - Hardware) Deli PowerEdge 1600 SC Server with Tape Drive Back Up Five Dell Optiplex GX280 Workstations and monitors and Microsoft Office DL T1 tapes for Backup (Oty. 12) Server Uninterrupted Power Supply (UPS) Workstation UPS (Oty. 5) Hewlett Packard Inkjet 1200dn (Oty. 5) Hewlett Packard Networked Color Laser Printer Software: Novell Netware 6.5 Network Operating System for Small Business (Server plus five) Veritas Data Protection Software (tape backup) Symantec Corporate Anti-virus (server + 10) PC Anywhere (for remote access) NOTE: The above referenced items are subject to equipment availability. Comparable substitutions acceptable Agenda Item No.1 E6 January 11 ,2 05 Page 7 f 8 l AVATAR PROPERTIES INC. Agenda Item No. 16E6 January 11, 2005 Page 8 of 8 December 14, 2004 F' Collier County Government Administrative Services Division Real Estate Services 3301 East Tamiami Trail Naples, Florida 34112 Att t' . ""en.lon: Toni A. Mott - Manager / Property Acquisition & Sales Re: 1983 Agreement between Avatar Properties Inc. and Collier Proposed Expenditure: Big Corkscrew Fire Control & Rescue District (Fire Equipment) Dear Ms. Mott: I would hereby acknowledge receipt of your correspondence dated December 13, 2004 referencing the above captioned matter and forwarding to me a revised form of "Agreement". By this letter, I would on behalf of Avatar Properties Inc. reaffirm the no objection of Avatar as setforth in my letter dated December 8, 2004. If you have any questions or if I can be of further service, please feel free to contact me at your convenience. Very truly yours, AVATAR PROPERTIES INC. ~(.-\" ..,d). P ~, if 1)'-( r-" , ,.~;'-~./ Dennis J. Getman Executive Vice President - General Counsel OJ G/zb P.O, Box 023000, Miami, florida 33\ 02-3000 - (305) 442-7000 FAX (305) 448-9927 M\DAIL Y\GETMANIOHlLDA ILETTERS\M01T 12- I 4·04.doc Agenda Item No. 16E7 January 11, 2005 Page 1 of 10 EXECUTIVE SUMMARY Report to the Board of County Commissioners concerning the sale and transfer of items associated with the county surplus auction of December 4, 2004, resulting in $8,717.50 in gross revenues. OBJECTIVE: To present the results of the recent County property auction to the Board of County Commissioners for ratification. CONSIDERATION: On October 26, 2004, the Board of County Commissioners authorized staff to conduct an auction of specified County-owned assets for the purpose of disposing of these items and generating revenues for the County. - The auction date was originally set for November 13, 2004. Due to insufficient advertisement of the auction, it was postponed until December 4, 2004. The December 4,2004 auction generated $8,717.50 in actual gross revenues and $8,020.10 in net revenues. The auctioneer's commission is $697.40. This auction included computer monitors, printers, furniture and miscellaneous office equipment. There were also several law library books declared surplus. On November 30, 2004 a request was made to the Board of County Commissioners to authorize the donation of these law library books to the District School Board of Collier County. This recommendation was approved on November 30,2004; item number 16.E.5. FISCAL IMPACT: Net revenues have been allocated as follows: DEPARTMENT FUND ALLOCATED NET REVENUES Solid Waste 470 $ 65.09 Public Utilities Division 408 $ 88.09 EMS 491 $ 21.16 General Fund 001 $ 8,543.16 (7,845.76)+(697.40 - Auctioneer's Fee) GROWTH MANAGEMENT IMPACT: This will not affect the Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners accept and ratify the revenues for the County Auction held on December 4, 2004, pursuant to the itemized sales report attached herein. PREPARED BY: Sue Hebbe, Purchasing Technician, Purchasing Department - ......_--y-".. Agenda item No 16E7 January 1'1, 2005 Page 2 of 10 .r- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E7 Report to the Board of County Commissioners concerning the sale and transfer of items associated with the county surplus auction of December 4,2004, resulting in $8,717.50 in gross revenues Meeting Date 1/11/20059:00:00 AM Approved By Gwen Butler Purchasing Supervisor Date Administrative Services Purchasing 12/29/20049:47 AM Approved By Jeffrey A. Walker, CPCU, ARM Risk Management Director Date Administrative Services Risk Management 12/29/200411:16 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/29/2004 12:37 PM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/29/20044:24 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/31/20049:53 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/31/20045:18 PM .- ,-- ......"....... -- ""--~--'---'- --- -~----.'-.--'~ ---' -'--- - --.----_. Agenda Item No. 16E7 January 11, 2005 Page 3 of 10 )at e: 12-1214-212104 3ett lelTlent :;ellet': 1. FIRST COAST AUCTION & REALTY, INC POBOX 7878 JACKSONVILLE,~L 32238 PHONE: 91214/772-0110 8121121/519-641212 FAX: 91214/777-8387 AB15ø AU286 COLLER COUNTY 12-04-1214 STEVE CARNELL COLLIER COUNTY BOCe 331211 E TAMIAMI TRL NAPLES FL 34112 941-··774-·-84;~5 Page: 1 Item ::.'t'ice Qty --.-----.-----..---"------------------------------.-.----,.._..._.._-----.--,------_..._~_.__.._.".._---.----------------- Total Desct'i pt ion 1 DESK. LAMP 1 c BOX - MISC PHONE 1 3 CAD PAD 1 4 LAMINATOR 1 5 BOX - CELL PHONES 1 5R FOOT WARMERS 1 b BOX - HEAD SETS 1 7 ROUND TABLE *** Not sold .**.¡¡. 8A PICTURES 1 8 TYPEWI:HTER 1 9 TYPEWRITER 1. 1121 TYPD.JRITER Sold with j. tern 9 11 TYPEWRITER Sold with item 9 12 TYPEl.JRITER Sold with item 9 13 TYPEWRITEf< Sold wi th item 9 14 TYPEWRITER Sold with item '3 15 TYPEWRITER 1 16 TYPEWRITER Sold with i tern '3 17 TYPEWRITER Sold with item 9 18 TABLE 1 19 PEDESTAL 1 2Ø t::ND TABLE 1 21 COFFEE TABLE 1 OJ"::' SHELVES 1 i-.... 23 2 CHAIRS 1 24 6 CHAIRS 1 .:)a= E, CHAIRS 1 .....,.¡ 25 4 CHAIRS 1 27 4 CHAIRS 1 28 DESK 1 29 DESK 1 3121 DESK Sold with item 28 31 DESf{ Sold with item 28 32 DESK Sold with item 28 ~~ DES.{ Sold with item 28 34 DESK. 1 35 DESK Sold with item 34 36 DESK Sold with item .~ , ,;,"t 914 2.5121 45.ØØ 25.Øø 15.1210 4:1.121121 ;~~. 5Ø 2121.121121 12.50 2.50 E~. 50 25.øØ 15.0121 2.50 2.50 7.50 2.5121 1iZ1.00 2ø.ØØ 5.Ø0 11Z1.øø 10.121121 lØ.ØØ 1Ø.Ø0 2.5121 '='" Agenda Item No. 16E7 January 11 , 2005 Page 4 of 10 ;--t e: 12-Ø4-2004 3ett I ement )ellet~: 1 FIRST COAST AUCTION & REALTY, INC POBOX 7878 JACKSONVILLE,FL 32238 PHONE: 904/772-0110 800/519-6402 FAX: 904/777-8387 AB150 AU286 COLLER COUNTY 12-04-04 STEVE CARNELL COLLIER COUNTY BOCC 3301 E TAMIAMI TRL NAPLES FL 34112 941-174-8425 Page: 2 Item Pt~ice Qty -----------------------------------------------------.----------------------------- Total ,- .- Description 37 DESK 38 DESK 39 DESK 40 DESK 41 LASER PRINTER 42 2 DISK SERVERS 43 BOX - SPEAKERS 44 BOX - SPEAKERS 45 BOX - SPEAKERS 46 FILE CABINET 47 FILE CABINET 48 FILE CABINET 49 FILE CABINET 50 FILE CABINET 51 FILE CABINET 52 FILE CABINET 53 2 TYPEWRITER TABLES 54 DIGITAL WORKSTATION 55 DIGITAL WORKSTATION 759 56 PRINTER 57 PRINTER 58 CREDENZA 59 CREDENZA 50 PRINTER HP MODEL 7Ø0 61 PRINTER 52 PRINTER 63 PRINTER 64 PRINTER 55 PRINTER 66 PRINTER 57 PRINTER 58 PRINTER 59 PRINTER 70 PRINTER tè ~~~~~~~ Sold Sold Sold Sold item 34 item 34 item 34 item 34 1 1 1 Sold with item 43 Sold with item 43 1 item 46 item 45 item 45 1 1 Sold with item 51 *** Not sold *** 1 Sold with item 54 with with with with 2.50 12.50 55.00 5.00 5.00 5.00 25.00 45.00 35.00 2.50 2.5Ø 2Ø.ØØ 30.00 5.00 15.00 30.00 Sold with Sold with Sold with 1 1 1 1 1 1 1 1 1 Sold with item 63 Sold with item 65 Sold with item 65 Sold with item 65 Sold with item 65 Sold with item 55 Sold with item 65 Sold with item 65 3ê:4 I .- )at e: 12-04-2004 Agenda Item No. 16E7 January 11, 2005 Page 5 of 10 FIRST COAST AUCTION & REALTY, INC POBOX 7878 JACKSONVILLE,FL 32238 PHONE: 904/772-0110 800/519-5402 FAX: 904/777-8387 AB15Ø AU285 COLLER COUNTY 12-04-04 3ettlement STEVE CARNELL 941-771+·-B4~:::5 Page: ~ .:, 3e 11 e~~: 1 COLLIER COUNTY BOCC 3301 E TAM lAM I TRL NAPLES FL 34112 Item Description Pt' i ce Qty Total ------------------------------.--------------------------------------------------- 73 FAX MACHINE 1 20.0Ø 74 FAX MACHINE 1 20.00 75 FAX MACHINE Sold with item 74 75 FAX MACHINE Sold with item 74 77 FAX MACHINE Sold with item 74 78 FAX MACHINE Sold with item 74 79 FAX MACHINE 1 20.00 80 FAX NACHINE Sold with item 74 81 DESK 1 5.00 82 CREDENZA *i4.* Not sold *** 83 FAX MACHINE Sold with item 74 84 FAX MACHINE Sold with item 74 85 LASER PRINTER 1 25.00 85 LASER PRINTER Sold with item 85 87 2 LASER PRINTERS 1 15.00 88 LASER PRINTER 1 15.00 89 LASER PRINTER Sold with item 88 90 2 LASER PRINTERS i 10.00 '31 WORKSTATION 1 30.00 '32 BARRICADES 1 35.00 '33 10 KEYBOARD DRAWERS 1 5.00 '34 BOX - MODEMS 1 40.0Ø 95 BOX - MODEMS Sold with item 94 ':36 6 CPU 1 30.0Ø '37 WORD PROCESSOR *** Not sold *** 98 BOX - CALCULATORS, RIBBONS 1 40.00 99 5 EXTERNAL PRINT SERVERS Sold with item 98 100 6 CPU 1 50.00 101 2 SCANNERS 1 5.00 102 -::;. SCANNERS Sold wi th item 101 ... 102A TABLE *** Not sold *** 103A TABLE i4.** Not sold *** 103 2 CPU 1 15.00 104 COPIER 1 2.50 11215 5 BOXES - LABELS 1 70.1210 105 4 BOXES - RADIO EQUIP Sold with i tern 105 107 5 CPU 1 B0.00 108 4 CPU 1 35.00 109 POWER BACKUP 1 10.00 ~te: 12-04-2004 3ettlement 3ellet"': 1 Item ~- .-..-.------ Agenda Item No. 16E7 January 11, 2005 Page 6 of 10 FIRST COAST AUCTION & REALTY, INC POBOX 7878 JACKSONVILLE,FL 32238 PHONE: 904/772-011121 800/519-6402 FAX: 904/777-8387 AB150 AU2ß6 COLLER COUNTY 12-04-04 Page: 4 STEVE CARNELL COLLIER COUNTY BOCC 3301 E TAMIAMI TRL NAPLES FL 34112 Description 941--77'+-8425 Pt"'ice Qty ---------------------------------------..--------....-.-.-------------------------------- Total 110 111 112 113 114 114A 1:l5 116 117 118 119 12Ø 120A 121 122 1'::-7 0;;;...., 124 125 125A 126 127 128 129 130 131 132 133 134 135 136 136A 137 138 139A 139 140 POWER BACKUP BOX - CALCULATORS CD DRIVE BINDER 3 TV TABLE CONFERENCE TABLE TABLE SCANNER SCANNER SCANNER SCANNER TABLE CABLE LAN CABLE TESTER WIRING REPAIR ~IT ZIP DRIVE - CD WRITER 2 ZIP DRIVES TABLE WIRELESS BRIDGE ROUTER EQUIP EXTERNAL PRINT SERVERS LAPTOP LAPTOP LAPTOP LAPTOP VIDEO SWITCHING EQUIP VHS RECORDERS VHS RECORDERS OUTDOOR ROUTER 6 ROUTER POWER DIST UNITS TABLE DATA SERVICE UNIT TAPE BACKUP TABLE BOX - COMPUTER CASES 1~0S~'Y03A, 105A, 104A, 107A, 115A, 114A, 117A, 111SA, i11A, 112A, 110A, Sold with item 109 1 1 1 1 *** Not sold *** 1 1 1 Sold with item 117 Sold with item 117 Sold with item 117 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 *** Not sold *** 1 1 *** Not sold *** 1 1 17.50 2.50 12.5121 2.50 60.00 2.50 230.00 10.00 7.50 290.00 45.00 25.00 15.00 2.50 90.ØØ 5.00 7Ø.00 40.00 80.00 50.00 30Ø.Ø0 110.00 100.00 80.00 55.00 25.00 2.50 30.00 180.00 -_.'-.--~- )ate: 12-04-2004 3ett 1 ement 3ellet': 1 Item -~_.._'_._-_._----'-- FIRST COAST AUCTION & REALTY, INC POBOX 7878 JACKSONVILLE,FL 32238 PHONE: 904/772-0110 800/519-&402 FAX: 904/777-8387 AB150 AU286 COLLER COUNTY 12-04-04 Agenda Item No. 16E7 January 11 , 2005 Page 7 of 1 0 Page: 5 ._-~ 941--774--8425 Price ------------------------------------------------------------------------------------ Qty Total 14·1 142 143 144 145 146 147 14B 149 150 151 152 153 154 155 156 157 158 159 16iZ1 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175A 1"15 176 STEVE CARNELL COLLIER COUNTY BOCC 3301 E TAMIAMI TRL NAPLES FL 34112 Description COMPUTER TABLE DESK DESK DESK DESK DESK DESK 4 BOOK DISPLAY TABLES BLUEPRINT MACHINE BLUEPRINT MACHINES ID PRINTER CABINET CABINET LATERAL FILE DESK LATERAL FILE CABINET ROW - MISC CHAIRS 3 CHAIRS 5 CHAIRS 4 CHAIRS 12 CHAIRS 2 CHAIRS 5 CHAIRS 14 CHAIRS 6 CHAIRS 16 CHAIRS 2 BOX I"'OUSE PHOTO SMART PAGE DESK 8 CPU 15 CPU 174,119,120,103,111,158, 135A, 1 34A,133A, 121A, 109, 108, DESK SERVER, 2 CPU 11 CPU 8 CPU DESK *** Not sold *** Not sold *** Not sold *** Not sold *** Not sold *** Not sold *** Not sold *** Not sold *** Not sold *** Not sold *** Not sold *** Not sold .¡¡** Not sold *** Not sold *.¡¡.* Not so Id *** *** *** *** *** *** *** *** 1 320.00 1 40.00 1 525.00 *** 1 5.00 1 5.00 *** *** 1 2.50 *** 1 2.50 1 20.00 1 5.00 1 75.00 1 2.50 1 10.00 1 5.00 1 5.00 1 60.00 1 10.0Ø 1 15.00 *** 1 22.50 1 40.00 *** 1 185.00 1 3Ø0.00 1 29tZ1.0Ø *** I - - - - - - - - - I - ----- ~ e: 12-1214-21211214 3ett lement 3e 11 e t' : 1 Item .----~ ------'--------.~~---- ----I Agenda Item No. 16E7 January 11, 2005 Page 8 of 1 0 FIRST COAST AUCTION & REALTY, INC POBOX 7878 JACKSoNVILLE,FL 32238 PHONE: 91214/772-12111121 81210/519-541212 FAX: 904/777-8387 AB150 AU285 COLLER COUNTY 12-1214-1214 STEVE CARNELL COLLIER COUNTY BOCe 331211 E TAM lAM I TRL NAPLES FL 34112 941-774-8425 Page: 5 Desct'i pt i on Pt'ice Qty --------------------_._----------------------~_._------------------------------------ Total ".- 177 178 1"79 18121 181 182 183 184 185 18E. 187 188 189 190 191 192 193 194 195 195 197 198 199 2121121 BOXES - KEYBOARDS 15 CPU 184A, 188A' 189A, lø1A, 188,133,18 9, 184, 138, 132, 145, DESf{ 2 BOXES - KEYBOARDS 8 BOXES - KEYBOARDS 29 CPU 112, 114, 113, 12øA, 152, 183 151,182, 1ø7,N/A,169, 18121, 11212,15 2, 178A, 176, 139A, DESK 5 BOXES POWER CORDS PRINTER 2 TYPEWRITERS 3 BOXES - PAPER TRAYS MICROWAVE ANTENNA KEYBOARD & MONITOR ARMS MISC - PRINTER COMPONENTS MAILING MACHINE 24 CHAIRS KONICA COPIER KONICA COPIER COPIER COPIER BULLETIN BOARD 4 MONITORS CREDENZA 12 MONITORS 1 1 *** Not sold *** 1 1 1 *** Not sold *** 1 1 1 1 1 1 1 1 1 1 Sold with item 193 1 1 1 1 1 1 2ø5B,245A,237A,235A,232A,235A, 27øA, 2ø4B, 297A, 291A, 21211 DESK *** Not sold 202 DESK 21213 DESK 21214 DESK 21215 DESK **-1(. Not so ld 21216 ~6~~~¿~~~~29øA,294A,292A,2ø7B, 289A,295A 3121.1210 11121.121121 2.5121 22.50 45121.121121 5.:::. 5121 12.5121 3121.121121 5.121121 4121.121121 2.5121 2121121.121121 1 , øøø. 121121 25.121121 15.121121 13121.121121 90.Ø0 20.øØ 3121.121121 5.121121 5.121121 *** 1 2.5121 1 2.5121 1 2.5121 *** 1 15.121121 -, ---"-------...-, )ate: 12-1214-21211214 3ett lement 3eller: 1 Item --- -- -------- -.- --~---_._---- Agenda Item No. 16E7 January 11, 2005 Page 9 of 10 *** Not sold *** 1 *** Not sold *** *** Not sold *** *** Not sold *** *** Not sold *** 1 1 1 1 1 1 1 1 Page: 7 FIRST COAST AUCTION & REALTY, INC POBOX 7878 JACKSONVILLE,FL 32238 PHONE: 91214/772-121110 80121/519-641212 FAX: 91214/777-8387 AB15ø AU286 COLLER COUNTY 12-1214-04 Total -----------------------------------------.------------------------------------------ 21217 21218 21219 21121 211 212 213 214 215 215 217 218 219 220 221 222 223 224 .~"",J::" c:.~~ 225 227 228 2~~9 231Z1 231 941-774-8425 Price Qty 1::;.121121 5.121121 50.121121 15.121121 S0.øø 2.5121 3121.0121 5.1210 90.0121 1 4121.00 1 23121.00 1 5.0121 1 13121.1210 2.50 47121.121121 STEVE CARNELL COLLIER COUNTY BOCC 331211 E TAMIAMI TRL NAPLES FL 34112 Description BOX - MISC 5 MONITORS TABLE MISC - OFFICE TYPEWRITER STAND HUTCH 5 MONITORS 1121 MONITORS '3 MONITORS 2 DIGITAL MULTI PRINTER CONTENTS OF SHELF 3 PRINTERS LASER PRINTER, TIME CLOCK 29 MONITORS & 2 PORTMASTERS 288,285,283,29121 269,262, 255,266,270,253,251A,2 52A,271,264,267,289, 3 MONITORS 3 MONITORS & 2 WIRELESS COMPONENT 7 MONITORS tr1DN I TORS - LOT 292,261,256,218,219,21217,208,2121 9,219,276A,277A,216,213, 212, 211, 294, 293, 264A, 281, 262A, 280, 22øA, 265A,220A, 29i, 238, 294, 219A, 229, 21214, 228, 220, 2 21,246,237,293,257,243, 7 CARD FILES 6 CARD FILES 6 CARD FILES 6 CARD FILES 6 CARD FILES 6 CARD FILES 33 CPU 172A,170A, 171A, 169A,158A, i6lA, 166A, 165A, 164A, 153A, 162A,161A,16øA,159A,158A,157A, 156A,155A,154A,153A, 152A, 151A, 150A, 149A, 148A, 147A, 146A, 145A, 144A, 129A, 1 Sold wi th item .-..-.1::" Coc....J Sold with item 225 Sold with item 225 Sold with item 225 Sold with item .:::25 1 ~te: 12-04-2004 ~ettlement ;ellet': 1 Item FIRST COAST AUCTION & REALTY, INC POBOX 7878 JACKSONVILLE,Fl32238 PHONE: 904/772-0110 800/519-5402 FAX: 904/7TI-8387 AB15Ø AU286 COLLER COUNTY 12-04-04 STEVE CARNELL COLLIER COUNTY BoCC 3301 E TAMIAMI TRL NAPLES FL 34112 Description 941---174-'8425 Pt'ice Qty Agenda Item No. 16E7 January 11, 2005 Page10of10 Page: 8 Total ------------------------------------------~._---------------.---------------------- 232 233 234 235 235 237 21 MONITORS 261A, 266A,227B, 224B, 220B, 260A, 263A, 220B,219B, 224B, 224B,222B,208B,209B,2238,225B, 221B,226B,288A,283A, 272A DESK 5 MONITORS 11 MONITORS 239A, 10 MONITORS No sales 1 *** Not sold *** 1 1 1 *** Not sold *** Commission at 8.0001. Items: 247 697.40 Amount: less adjustments: Net due to seller: 85.00 15.00 30.00 45.00 8,717.50 -697.40 ----------- a, ø,~ø. 1 ø rhank you for choosing First Coast Auction & Realty, Inc. It's been our Jleasure serving you. Should any questions arise please don't hesitate to call. Agenda Item No. 16E8 January 11, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve the renewal of group insurance coverage and services for calendar year 2005. OBJECTIVE: The objective of this executive summary is to procure the insurance coverage and services necessary to manage the group insurance program. CONSIDERATIONS: The County administers a partially self-funded Group Health Insurance Program for the employees of Collier County. The program requires the use of a third party claims administrator to adjudicate claims presented to the plan and to provide various services necessary for the plan to remain in compliance with state and federal laws. Currently, the County uses Corporate Benefit Services of America as its claims payer. There are other coverage and service components of the group health plan which must be procured. These include group excess health insurance; utilization review and large case management services; and pharmacy benefit management services. Additional insurance coverage and vendor services required by the group insurance program include dental insurance; a discounted vision program; group life and accidental death insurance; short term disability administration services; and long term disability insurance. Staff sought renewal proposals for each component of the program. All of the coverage and service providers agreed to renew at the same rates and terms with the exception of the following. .- )0> CBSA requested a group health daims administration fee increase of 2%, which is commensurate with inflation and which equates to an increase of approximately $8,820 per year. )0> CIGNA Dental had a two-year rate guarantee in their 2003 proposal with a guarantee that rates could not increase in 2005 by more than 9%. CIGNA proposed that rates increase by 9% pursuant to these terms. Employees share approximately half the cost of the program. Even with this increase, the CIGNA proposal continues to be a cost effective program. Staff will review the competitiveness of the program again at the 1/1/06 renewal. )0> Express Scripts requested a processing administration fee increase of 3% which is commensurate with inflation and which equates to an increase of approximately a $6,000 per year. Conversely, Express Scripts offered a more attractive discount arrangement on the cost of medications which equates to an overall pharmacy savings of $37,000 and which more than offsets the administrative fee increase. )0> Boston Mutual, the County's excess health insurance carrier, has offered a renewal quote for its Aggregate Only program. The rates for the program have decreased by approximately 1 %, which equates to an estimated premium savings of $8,023. In addition to the above, the aggregate attachment point has decreased by 8% from $18,368,688 to $16,861,831 (excludes pharmacy). In addition to the Boston Mutual quote, staff sought and received eleven additional proposals to assure the competitive status of the Boston Mutual program. The Boston Mutual program presented the lowest premium and also offered an aggregate attachment point at 110% of expected medical claims. Upon review, the Boston Mutual program continues to remain the most competitive. -- . "'-----'-- .1 Agenda Item No. 16E8 January 11, 2005 Page 2 of 4 - A summary of vendors and their coverage or services is as follows. \lendor/ Policy/Service Type Rate Type FY04 FY 04 Coat FY 05 Rates FY 05 Cost Rate Guarantee Carrier Rates CBSA, Inc. Group Health Clelms Claims Administration $ 12.25 $ 294,000 $ 12.60 $ 302,400 1/112005 through Administration 1213112005 COBRA Administration $ 1.05 $ 25,200 $ 1.05 $ 25,200 PPO Access- Southcare $ 1.00 $ 24,000 $ 1.00 $ 24,000 Out of County Network HIPAA Administration $ 0.35 $ 8,400 $ 0.35 $ 8,400 Flexible Spending $ 3.50 $ 12,600 $ 3.50 $ 12,600 Administration Est. Annual Cost S 364,200 S 372,600 ~oston Excess Health Cost per Employee per $ 25.73 $ 625,548 $ 25.40 $ 617 ,525 1/1/2005 through ~utual Coverage Month 12/3112005 Est. Annual Cost S 625,548 S 617,525 Community PPO Network; PPO Access Fee $ 1.50 $ 36,000 $ 1.50 $ 36,000 1/112005 through Health Utilization Review; 12131/2005 ¡:»artners Large Case Management UR and Case Mgmt. $ 3.39 $ 81,360 $ 3.39 $ 81,360 Est. Annual Cost S 117,360 S 117,360 Express Prescription Drug Plan Admin. Fee per Claim $ 1.50 $ 87,000 $ 1.55 $ 93,000 Guarenteed Scripts, Inc. Management through 12/31/07 Discount- Retail: 14% Below Avg. 15% Below Avg. Wholesale- Generic Wholesale- Generic 14% Below Avg. 15% Below Avg. Wholesale- Brand Wholesale- Brend Discount- Mail: 50% Below Avg. 55% Below Avg. Wholesale- Generic Wholesale- Generic 21% Below Avg. 22% Below Avg. Wholesale- Brand Wholesale- Brand Est. Annual Cost S 87,000 S 93,000 CIGNA Dental Dental Insurance Single Rate- Basic Plan $ 15.98 $ 21,265 $ 17.42 $ 23,203 1/112004 through S+1 Rate- Basic Plan $ 33.16 $ 29,464 $ 36.17 $ 32,119 1213112005 Family Rate- Basic Plan $ 51.75 $ 60,856 $ 56.41 S 66,338 Single Rate- Select Plan $ 30.82 $ 190,837 $ 33.59 $ 207,989 5+1 Rate- Basic Plan $ 64.83 $ 367,197 $ 70.66 S 400,216 Family Rate- Select Plan $ 101.55 $ 662,918 $ 110.69 S 722,584 Est. Annual Cost S 1,332,560 S 1,452,452 Vision Service Vision Discount Cost per Employee per $ 1.43 $ 34,320 $ 1.43 $ 34,320 1/112005 through Plan Program Month 12/3112005 Est. Annual Cost S 34,320 S 34,320 Sun Life Group Life and AD&D Group Life (rate per 100) $0.00320 $ 288,869 $ 0.00320 $ 300,444 Guarenteed Insurance through 12/31/06 Group AD&D (rate per $0.00025 $ 22,569 $ 0.00025 $ 23,472 1000) Est. Annual Cost S 311,458 $ 323,917 SunLlfe Short Term Disability Administration Fee $ 2.20 $ 52,800 $ 2.20 $ 52,600 Guaranteed Administration Est. Annual Cost $ 52,800 $ 52,800 through 12/31/06 GROUP INSURANCE RENEWAL- JANUARY 1, 2005 Agenda Item No. 16E8 January 11, 2005 Page 3 of 4 Long Term Disability Rate Insurance $ 0.25 $ 279,628 $ 0.25 $ 290,813 Guaranteed through 12/31/06 The cost of coverage and services in FY 04 was $3,204,875 as compared to an estimated cost of $3,354,787 in FY 05. Aside from the rate increases identified above, the overall cost increase is a result of ratable exposures such as increased enrollment or increased payroll, which derive final premium or contract costs. The other individual program rates did not increase. The effective date of this purchase is January 1, 2005. FISCAL IMPACT: The estimated annual cost to procure these insurance and vendor services is $3,354,787. Funds are budgeted within Fund 517, Group Health and Life to purchase these insurance coverage and vendor services. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: It is recommended that the Board approve the purchase of the above- mentioned insurance coverage and services; authorize staff to execute any applications and/or other administrative documents necessary to effectuate coverage; and authorize the Chairman to sign those contract documents and amendments needed to reflect the changes to the CBSA and Express Scripts agreements. SUBMITTED BY: Jeffrey A. Walker, CPCU, ARM Director, Risk Management Agenda Item No. 16E8 January 11, 2005 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E8 Meeting Date Recommendation to approve the renewal of group insurance coverage and services for calendar year 2005. 1/11/20059:00:00 AM Prepared By Date Jeffrey A. Walker, CPCU, ARM Risk Management Director 12/20/20041:41:58 PM Administrative Services Risk Management Approved By Jeffrey A. Walker, CPCU, ARM Risk Management Director Date Administrative Services Risk Management 12/23/2004 10:34 AM Approved By Jeffrey A. Walker, CPCU, ARM Risk Management Director Date Administrative Services Risk Management 12/23/2004 10:34 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/30/200411:05 AM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/30/2004 11 :54 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/31/20048:56 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/31/20041:10 PM Agenda Item No. 16F1 January 11, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners Rescind Award of Bid #04-3613 for Pelican Bay -Gulf Park and Oakmont Irrigation Installation to Collier Irrigation, Inc. OBJECTIVE: To rescind the referenced bid award and proceed with re-bidding this work so as to ensure that the contract is awarded in a manner consistent with the invitation to bid. CONSIDERATIONS: 1. On April 13, 2004 the Board of County Commissioners awarded Bid #04-3613 for Pelican Bay - Gulf Park and Oakmont Irrigation Installation to Collier Irrigation, Inc. Subsequent to the Board action, the Pelican Bay Services Advisory Board directed staff to delete the Oakmont portion of the project due to concerns fÌ'omthe Pelican Bay Foundation regarding the improvements in the Oakmont area. 2. The reduced scope of work has contributed to the apparent low bidder, Collier Irrigation, Inc being unable to furnish the specified payment and performance bond for this contract. - 3. The County Purchasing Department and the County Attorney's Office believe that the payment and performance bond requirement is a material condition of the contract. The bidding process was based upon the successful bidder providing the required bonds. Additionally, purchasing staff believes that if the contract is re- bid, there may be an opportunity to solicit and receive more bids than were received in the original solicitation. At the direction of the Pelican Bay Services Division, the work would not commence until the end of the winter season. FISCAL IMPACT: None directly associated with this action. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners rescind award of Bid #04-3613 for the Pelican Bay-Gulf Park and Oakmont Irrigation Installation to Collier Irrigation, Inc. and that staff proceed with re-bidding this project at a latter date. - Agenda Item No. 16F1 January 11. 2005 Page 2 of 2 ,..-.. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F1 Recommendation that the Board of County Commissioners Rescind Award of Bid #04-3613 for Pelican Bay-Gulf Park and Oakmont Irrigation Installation to Collier Irrigation, Inc. 1111120059:00:00 AM Meeting Date Prepared By Date James Ward Director 12116/20042:09:54 PM Board of County Commissioners Pelican Bay Services Approved By Jean C.Smìth Operations Analyst Date County Manager's Office Pelican Bay Services 12116120042:53 PM Approved By Kyle Lukasz Operations Manager Date County Manager's Ortice Pelican Bay Services 12116120043:18 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 12/17120047:55 AM Approved By Steve Carnell Purchasing/General SVc.s Dìrector Date Administrative Services Purchasing 12/17/20048;01 AM Approved By OMB Coordinator Administratìve Assìstant Oate County Manager's Office Office of Management & Budget 12121120043:34 PM Approved By Michael Srroykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/31/200412:38 PM Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office 12131120042;18 PM Agenda Item No. 16F2 January 11, 2005 Page 1 of 2 _. EXECUTTVES~ARY Recommendation that the Board of County Commissioners approve a $57,000 increase to Bid #05-3749 for Clam Bay Interior Channel Construction Phase III, to Floraquatics, Inc. OBJECTIVE: To increase the amount awarded for Bid #05-3749 in the amount of $57,000.00 for Clam Bay Interior Channel Construction Phase III to Floraquatics, Inc. CONSIDERATIONS: 1. On December 14, 2004 the Board of County Commissioners awarded Bid #05- 3749 for Clam Bay Interior Channel Construction Phase III to Floraquatics, Inc. for the amount of $67,840.00. ---- 2. The Bid received from Floraquatics, Inc. for Bid #05-3749 was $57,000 less than the estimated cost for this project. Floraquatics, Inc. has successfully completed this work previously for the County and therefore staff has no concern about their ability to complete this project. 3. Because the proposal submitted by Floraquatics, Inc was less than estimated, funds are available for the construction of additional channels that had been planned for Fiscal Year 2006. Staff would request Floraquatics, Inc. to proceed with the construction of these additional channels according to the lineal foot cost submitted in the. Bid. Therefore, staff is requesting that the Board of County Commissioners approve an increase of $57,000 to the awarded amount of Bid #05-3749 to Floraquatics, Inc. FISCAL IMPACT: The fiscal impact for the increase of Bid #05-3749 is $57,000.00 with funds available in the Clam Bay Restoration Fund 320. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners approve an increase to Bid #05-3749 in the amount of $57,000.00 for Clam Bay Interior Channel Construction Phase III to Floraquatics, Inc. - ... ..-.,-.....-----...... Agenda Item No. 16F2 January 11, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F2 Meeting Date Recommendation that the Board of County Commissioners approve a $57,000 increase to Bid #05-3749 for Clam Bay Interior Channel Construction Phase III. to Floraquatics, Inc. 1111/20059:00:00 AM Prepared By Date James Ward Director 12/16120042:16:42 PM Board of County Commissioners Pelican Bay Services Approved By Jean C.Smith Operations Analyst Date County Manager's Offj¡;e Pelican Bay Servíces 12/16/20043:06 PM Approved By Kyle Lukas>.. Operations Manager Date County Manager's Office Pelican Bay Services 12116/20043:22 PM Approved By Steve Carnell PurchasingJGeneral Svcs Director Date Administrative Services Purchasing 12/17/20042:15 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 12120/20049:46 AM Approved By OMB Coordinator Admìnìstrative Assistant Date County Manager's Office GUice of Management & Budget 12121/2004 3: 37 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management 8. Budget 1/4120054:11 PM Approved By James V. Mudd County Manager Date Board of County CommÎssioners County Manager's Office 1/4/20055:18 PM T Agenda Item No. 16F3 January 11, 2005 Page 1 of 4 ,...-.- EXECUTIVE SUMMARY Recommendation to Approve the Purchase of 125 Post Market Evaluation Automated External Defibrillators (AED's) for Placement on Collier County Sheriffs Office (CCSO) First Responder Patrol Units. OBJECTIVE: To maximize the survival rate of patients which fall victim to out-of-hospìtal sudden cardiac death by the more efficient utilization of Collier County Sheriff Office (CCSO) first resp~nder law enforcement vehicles. CONSIDERATION: Sudden cardiac death continues to be one of the leading killers in the United States. In Collier County last year, the EMS Department responded to over 250 sudden cardiac arrest calls. In 2002, Medtronic Physio-Control invited Collier County EMS (CCEMS), and one oilier EMS System in the country, to participate in a one-year post market evaluation of a new Automated External Defibrillator (AED) called the CRPlus. The pwpose behind the evaluation was to place these units in high volume, high use environments. .-. After careful review of all the local data on AED usage, it was determined that the location that would best satisfY the requirements of the post market evaluation was to place them with the CCSO Department Several months after the initial contact with Medtronic Physio-CoIltrol, we received fifty (50) CRPlus AEDs. Because Collier County is their largest provider of data, Medtronic Physio-Control again contacted CCEMS in 2003 requesting that another 75 AEDs to be added to the post market evaluation. This brought the total number of machines in the evaluation to 125. With these AEDs also came an extension of the evaluation period for an additional year. As of the date of this executive summary, the CCSO Department has deployed the AEDs 84 times. They successfully defibrillated 23 patients and 4 patients or 17 % achieved a return of spontaneous circulation. The CCSO Department continues to be the largest users of AEDs in the County. During this two-year evaluation period, both the CCSO Department and the CCEMS Department were aware that they would have the opportunity to purchase these machines at a discoUIlted rate. Both departments have written several Florida EMS matching grant applications to seek funding to purchase these 125 AEDs, but to date have been unsuccessful. On December 9, 2004, the CCEMS Department was advised by Patty O'Hearn, Manager of Clinical Affairs for Medtronic Physio-Control, that we must either find a financial resolution or we would have to pull the AEDs out of service and return them back to the manufacturer. ,- The AEDs are still in excellent shape and, technology wise, are still cUITent with industry standards. Losing these 125 AEDs would leave a significant void in the County's response to victims of Sudden Cardiac Death. '~·'""".'''-'''''( _''''''''''·''·.A''_·' - Agenda Item No. 16F3 January 11, 2005 Page 2 of 4 FISCAL IMPACT:. There are no funds specifically budgeted for this purchase. Funding in the amount $135,780 is available in the General Fund Reserves. The current General fund contingency reserve balance as of December 28,2004 is $12,139,283. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners waive fonnal competitive bid process and approve the purchase of the post market evaluation AEDs from Medtronic Physio-Control. .... Prepared By: Jeff Page, EMS Chief Agenda Item No.1 6F3 January 11, 2005 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F3 Meeting Date Recommendation to Approve the Purchase of 125 Post Market Evaluation Automated External Defibrillator's (AEDs) for placement on Collier County Sheriffs Office (CCSO) First Responder Patrol Units. ($125,000) 1/11/20059:00:00 AM Prepared By Oat" Jeff Pag" EMS Chief 121291200412:18:36 PM Sur"au of Emergency Services EMS Approved By Jeff Page EMS Chief Date BOreau of Emergency Services EMS j 2129(20042:48 PM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 12129120043: 18 PM Approved By Kelsey Ward Senior Purchasing .and Contracts Agent Date Administrative Services Purchasing 1213012004 10:08 AM Approved By Darcy Waldron Senior Administrative Assistant Date County Manager's Office Emergency Management 121301200410:56 AM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 12130/2004 11 :37 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 121301200412:53 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget '12/31/20049:50 AM Approved By James V. Mudd Board of County Commíssioners County Manager Date County Manager's Office 12131/20042:39 PM 1~/Lv/~YV~ Vú.~v r~A mCUlnUI1~L rnr~~u ~UI'lr}UL Li::!:.I .,,'" vI vv >oJ @ MedIronic Agenda Item No. 16F3 January 11, 2005 . . Pa...qe 4 of 4 Medtronlc Emergency RespGnse ~ylit9ms 11811 Willows Road NE P.O. Box 91023 Redmond. WA 98073-9723 U.S.A www.medtronic-ers.CDm www.medtronlc.oom tel BOO.442.1142 fax eOO.7~2.0956 To; Chief Jorge Aquifera Collier County EMS 4741 Golden Gate Pkwy NAPLES. FL 34116 Phone: (239)774-6459 Fa;.:; (239) 775-4454 Quote#: ReV#: Quote Date: Sales Consultant: 1-25858364 1 12/2912004 Gary Michel 800-442-1142 x 2573 Redmond, WA .~"'.. .,. FOB: Shlppfng: Terms: ~'" Net 30, all quotes subject to credit approval - and !he following terms & c.cndltlons CLINICAL UNITS . Contract: N()j'¡(j Exp Date: 02127/2005 Line Catalog # J Description Oty list Price Unit Disc Trade-In Unit Price E¡r,t Tota! 97403-000006 - REFURBISHED lIFEPAK CR 125 Plus Semi-automatic Deflbrlll~tor Semi-automatic operation (che~ for breathing) REFURBISHED EQUIPMENT SOLD BASED ON AVAILABILITY. SAME SHIP KIT AS NEW PRODUCT. 5-YEAR WARRANTY_ $1.995.00 $995.00 $0.00 $1,000.00 $125,000.00 GRAND TOTAL $125,000.00 , Pricing Sum~ry Totals List Price; , Cash Discounts: $249,375,00. - $124.375,QO· GRAND TOTAL FOR THIS QUOTE $125,000.00 TO PLACE AN ORDER, PLEASE FAX A COpy OF THE QUOTE/PURCHASE ORDER TO FAX # 800-732- 0956. ATTN: SALES SUPPORT. MEDTRON¡C REOUIRES WRITTEN VERIFICATION OF THE CUSTOMER APPROVAL (SIGNATURE) ORDER OR A F>URCHASE ORDER. PLEASE CHECK ONE: F>URCHASER HAS A PURCHASE ORDER SYSTEM. NAME - PURCHASER DOES NOT HAVe A PURCHASE OROER SYSTEM AND THE UNDERSIGNED IS AUTHORIZED TO TITLE ACCEPT THIS ORDER ON THE TERMS AND PRICES QUOTED HEREIN. SIGN TO THE RIGHT: DATE 3 l Agenda Item No. 16F4 January 11 , 2005 Page 10f 4 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of January 11, 2005 Water Capital Projects (412) Budget Amendment #05-087 ÜDeratimz Expenses Other Contractual Services $5,000 Reserves Reserve for Contingencies (5,000) Total -0- EXblariation: Funds are needed to issue a P.O. to Angie Brewer and Associates to explore the possibility of procuring the low interest SRF loans for Water Capital Projects. Prepared by: Barbetta Hutchinson, Executive Secretary, OMB -- Page 1 of 1 ·..r····"--·--·"-···· ~~:'~~~o.~?~Cå~~~~. JE#................................. BAR#.............................. A.P.H. Date....................... Agenda Item No. 16F4 January 11, 2005 ~ge20f4 p'~¥-I- .s"--'W G.,<-4t' -" BUDGET AMENDMENT REQUEST - 412 Fund Number Water Capital Projects Fund Description Date Prepared: Approved by BCC on: lól J() c./ Attach Executive Summary Item No.: Expense Budget Detail Fund Center Title: E..eserves WBS Element Title: Reserves vide the Fund Center or WBS element information; it is not r Fund WBS Commit Commitment Item Cent Element Item Descri tion 9 10 994121 991000 Reserve for Contin encies .. FdCtrNo.: 9~ WBS No.: 994121 Revised Bud et $1,995,000.00 1 1- Net Change to Budget ($5,000.00) Fund Center Title: FdCtrNo.: 273512 WBS No.: 743102 * WBS Element 743102 Revised Bud et $5,000.00 Net Change to Budget $5,000.00 * A new project set up request Form has been sent to finance. Expense Budget Detail Fund Center Title: WBS Element Title: Fd Ctr No.: WBS No.: ,..- (Provide the Fund Center or WBS element information' it is not re<luircd to Drovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budeet Bud2et Net Change to Budget ,._--,- .. Agenda ¡tern No. 16F4 January 11, 2005 Page 30f4 Revenue Budget Detail Fund Center Title: WBS Element Title: Fd Ctr No.: WBS No.: (Provide the Fund Center or WBS element information; it is not required to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud2et Budeet Net Change to Budget EXPLANATION Why are funds needed? Funds are needed to issue a P.O to Angie Brewer and Associates to explore the possibility of procuring the low interest SRF loans for Water Capital Projects. Where are funds available? Funds are available in the same fund, in Reserve for contingencies. REVIEW PROCESS Division Administrator: ?J~_~ DATE 12-/1 /0'-/ Cost Center Director: /2-- 2/-0 '-/ Finance De artment: Clerk of Board Admin.: Agenda Item No. 16F4 January 11, 2005 Page 4 of 4 ,,-. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F4 Meeting Date Approval of budget amendments. 1/11/2005 9:00:00 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office ot Management & Budget 12129120041 :47 PM Approved By Michae! Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 12/31/20049:49 AM Approved By James V. Mudd County Manager Date Board of County Comrnìssioners County Manager's Office 12/311200412:48 PM I l - Agenda Item No. 16F5 January 11, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to Approve a Budget Amendment Appropriating Carryforward Revenue in the Livingston Road Phase II Beautification MSTU to fund Final Transactions prior to closing the Fund OBJECTIVE: To provide funding for residual transactions prior to closing out the Livingston Road Phase II Beautification MSTU. CONSIDERATION: There was a tax levy in FY 04 within the Livingston Road Phase II ,.. Beautification MSTU to repay funds advanced by Collier County to pay for upgraded, decorative stree.t'lighting within the MSTU boundaries.' 'The Property Appraiser allocates the current year (FY 05) budget based on each taxing district's relative percentage of the total taxes levied in the prior fiscal year. As such, there are Property Appraiser expenses payable in FY 05. There is carryforward revenue available for appropriation to cover this residual expense. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. FISCAL IMPACT: Appropriates $3,500 in carryforward revenue to fund transfers to the Property Appraiser ($1,250) and the residual balance of $2,250 to the Roads CIP Fund (313) that provided the initial advance to the MSTU for upgraded street lighting. RECOMMENDATION: That the Board of County Commissioners: 1. Approve a budget amendment appropriating carryforward in the Livingston Road Phase II Beautification MSTU; 2. Authorize the transfer of nominal residual cash into the Roads CIP Fund (313) that provided the initial advance to the Livingston Road Phase IT Beautification MSTU. Prepared by: Michael Smykowski, OMB Director ".,-".~--...,."",-"",-.,,- "J" "...... Item Number Item Summary Meeting Date Approved By OMB Coordinator County Manager's Office Agenda Item No. 16F5 January 11, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F5 Recommendation to approve a budget amendment appropriating carry-forward revenue in the Livingston Road Phase II Beautification MSTU to fund Final Transactions prior to closing the Fund. 1/11/2005 9:0000 AM Administrative Assistant Date Office of Management & Budget 121301200410:59 AM Approved By Michael Smykowski . "- County Manager's Office Management & Budget Director Date Office of Management & Budget 12130120045:33 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/3D12004 6:D6 PM ,~- ~ '-:.' . ,..,- .-... Agenda Item No. 16G1 January 11, 2005 Page 1 of 3 EXECUTIVE SUMMARY Approve a budget amendment in the amount of $115,000 for professional services required for the Environmental Resource Permit (ERP) and master development process at the Immokalee Airport OBJECTIVE: To acquire approval of a budget amendment in the amount of $115,000. The funding is required to pay for professional consulting and environmental services for the ERP process for Phase One of the Immokalee .' ";Regional Airport Master Plan Development. The fundinQ. would include the design, permitting, bidding and construction services fòr an eleven acre, surface water management area (LAKE) .cONSIDERATIONS: The Airport Authority has pursued the development of the Immokalee Regional Airport through the development of a Master Plan and submitting an ERP application for the entire airport. The ERP permit was submitted in December 2003. Subsequently, the U. S. Fish and Wildlife Service (USFWS) responded in October 2004 with a request for additional information regarding endangered species. The Airport Authority's Consultants, Hole Montes, has amended their work order to address USFWS concerns and the additional funding necessary to begin the Design of the Phase One Lake required for surface water management for future development. The work order includes: Legal Environmental Consultation and Representation (Estimate) Endangered Species Survey and coordination with USFWS Design and County Permitting (LAKE) Bidding (LAKE) Services during Construction (LAKE) (Estimate) General Administration (LAKE) $10,000 $30,848 $30.500 $ 8,055 $21,100 $12.820 $113,323 $115,000 Total Estimate Total Requested The permitting process has already taken over one year. Skytruck Co. LLC, a Naples business, is positioned to construct a Polish-made aircraft finishing pi ant for PZL-Mielec, the largest aircraft manufacturer in Poland, at the Immokalee airport. There is concern that additional Federal funding applications may take too long for approval, delaying the permitting process and possibly jeopardizing the business opportunities at the Immokalee airport. Some of the funds may Agenda Item No. 16G1 January 11 , 2005 Page 2 of 3 become available in a timely manner, but to ensure the efficient process of the permit the Authority is requesting the additional funds. FISCAL IMPACT: The fiscal impact of this budget amendment request is to increase the General Fund (001) Transfer to the Airport Authority and increase operating expenses in Airport Authority Grants fund (496) in the amount of $115,000 to provide professional consultation, design and permitting services. GROWTH IMPACT: There is no Growth Management Impact associated with this Executive Summary. P" ~ .. . ~COMMENDATION: That th~ .Board Df County Commissioners.ap·pfove a bud~et amendment for $115, 000 to transfer General Funds for Professional Services at Immokalee Airport. Prepared by Theresa M. Cook, Executive Director, Collier County Airport Authority ~...-, _. .,'(' , Agenda Item No. 16G1 January 11, 2005 Page 3 of 3 /_. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16G1 Meeting Date Approve a budget amendment in the amount of $115,000 for professional services required for the Environmental Resource Permit (ERP) and master development process at the Immokalee Airport. 1/11/20059:00:00 AM Prepared By Date Theresa M. Cook Exec;utive Director 12/30/200410:39:33 AM County Manager's Office Airport Authority Approved By OMB Coordinator Administrative Assistant Date ". County Manager's Office Office of Management & Budget 12/30120048:17 AM Approved By Debi Mueller Account Technican Date County Manager's Office Airport Authority 12130120049:40 AM Approved By Theresa M. Cook Executive Director Date County Manager's Office Airport Authority 12/30/200410:20 AM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 12/30120044:16 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12131120049:46 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12131/20044:23 PM --- --- Agenda Item No. 1611A January 11, 2005 Page 1 of 4 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE January 11, 2005 FOR BOARD ACTION: A. Districts: 1. Ave Maria Stewardship Community District - Schedule ofRegÙlar Meetings; and Budget for 2004-2005. . 4 2. Wentworth Estates Community DevelQPment District - Registered Office and Agent; District Map. 3. Big Cypress Stewardship District - Registered Office and Agent; District Map; Certified Copy of Resolution 2004-9. 4. Quarry Community Development District - Agenda and Minutes of Meeting for August 17 and September 13, 2004; Registered Office and Agent; Schedule of Regular Meetings; and Budget for 2004-2005. 5. MediteITa South Community Development - Agenda and Minutes of Meeting for July 28, 2004; Schedule of Regular Meetings and Budget for 2004-2005. 6. Port of the Islands Community Imorovement District - Agenda and Minutes of September 24, 2004 and October 15, 2004; Audit Report; Annual Financial Report; Management Letter; and Rebuttal to Management Letter. B. Minutes: 1. Radio Road Beautification M.S. T. U. - Agenda for November 16, 2004, and January 18,2005 Minutes of October 19,2004, and November 16, 2004. 2. Vanderbilt Beach M.S.T.U. Agenda for December 2, 2004 and January 6, 2005, Minutes of November 4, 2004, and December 2, 2004. 3. Golden Gate Estates Land Trust Committee - Minutes of July 26, 2004. 4. Collier County Planning Commission - Agenda for November 18,2004; December 2,2004 and December 16, 2004; Minutes of October 21st, 2Ò04, November 4th and November 18, 2004. 5. Coastal Advisory Committee - Minutes of November 10, 2004. H:Data/Fonnat ..,>---...,......- t ,.,. -- Agenda Item No. 1611A January 11, 2005 Page 2 of4 6. Pelican Bay Services - Agenda for December 1, 2004; Minutes of November 3,2004; Statement of Revenues and Expenditures for November 23, 2004; Biological Monitoring Report; Water Quality Sampling Report No.5; Clam Bay Restoration Project; and Clam Pass Restoration and Management Plan. 7. Development Services Advisory Committee - Minutes for November 3, 2004 a) Budget & Operations Sub-Committee -Minutes of November 3, 2004, and November 10, 2004. . 8. Isles of Capri Fire !Rescue District - Agenda and Minutes for August 5, 2004, August 19,2004, September 2, 2004, October 7,2004 and November 4, 2004. 9. Parks and Recreation Advisory Board Meeting - Agenda for November 17, 2004, Minutes of October 20, 2004. 10. Collier County Emergency Medical Services - Minutes of October 27, 2004. 11. Environmental Advisory Council - Agenda for December 1, 2004; Minutes of November 3,2004. 12. Forest Lakes Roadway and Drainage M.S.T.U. -Agenda and Minutes for November 10, 2004. 13. Bayshore Beautification M.S.T.U. - Agenda for November 10, 2004 and December 8, 2004; Minutes for October 13, 2004 and November 10, 2004 14. Historical and Archaeological Preservation Board - Agenda for November 17, 2004, and December 15, 2004; Minutes of August 18, 2004, October 20, 2004, and November 17, 2004. 15. Domestic Animal Services Advisory Board - Minutes of October 19, 2004. 16. Lely Golf Estates Beautification M.S.T.U. - Agenda for November 18, 2004,and December 8, 2004, and December 16, 2004; Minutes of October 21,2004, and November 18,2004. 17. Golden Gate Beautification Advisory Board - Agenda for December 14, 2004; Minutes of November 9, 2004. 18. Conservation Collier Land Acquisition Advisory Committee - Agenda for December 13, 2004. H:Data/Format 'I ~. ":..~"... - - Agenda Item No. 1611A January 11 , 2005 Page 3 of 4 19. Immokalee Beautification M.S.T.U. Advisory Committee - Notes of November 17, 2004 (No fonnal meeting due to lack of quorum). C. Other: 1) Caribbean Gardens Blue Ribbon Committee - Minutes of November 4, 2004. H:Data/Fonnat Agenda Item No. 1611A January 11 , 2005 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date Prep~~ed By ~ KathJeen MarJ;inson .,: ~. Board of County Commissioners Approved By Sue Filson Board of County Commissioners Approved By James V. Mudd Board of County Commissioners 1611 Miscellaneous Correspondence to File for Record with Action as Directed. 1/11/20059:0000 AM Date Administrative Aide to BCC 12/29/200410:18:10 AM Bce Office Executive Manager to the BCC Date Bce Office 12/30/200412:28 PM County Manager Date County Manager's Office 12/30/20044:24 PM Agenda Item No. 16J1 January ii, 2005 Page 1 of 4 EXECUTIVE SUMMARY t Recommendation to approve the budget amendments appropriating carry forward and expenditure budgets for open purchase orders for non-project funds and for unexpended budget for project funds at the end of fiscal year 2004. OBJECTIVE: To have the Board of County Commissioners approve budget amendments appropriating $565,677,695.19 of carry forward, in various funds. CONSIDERATIONS: In operating (non-project) funds, purchase orders were issued to various·vendors.during FY 2003-2004 and there were budgets to pay for those purchases. The'purchase orders continue to be valid at fiscal year end. The County continues to need those products or services ordered. However, the budgets to pay for these items expired . as of September 30th. If the purchase orders were cancelled on September 30th they would have to be reissued on October 1st which would require unnecessary record keeping changes for the vendors, the County's Purchasing Department, the Clerk's Finance Department and the department which placed the order. Therefore, FY2005 budgets need to be appropriated by $6,617,487.53 to replace those that expired, to allow payment to be made. _. In project (principally capital projects and grants) funds, appropriations are budgeted for the life of the project. Most projects are multi-year. Under our new financial system, unspent project balances in FY 04 will be automatically rolled into the new fiscal year. This is a major change from the old financial system wherein the unobligated balances on unfinished projects would have to be re-budgeted in FY 05. The new process also eliminates the skew in the adopted budget resulting from re-budgeting "old capital projects" in the new fiscal year. Unexpended project balances carried forward from FY 04 amount to $559,060,207.66 of which $206,392,791.30 represents open Purchase Orders. FISCAL IMPACT: To approve budget amendments in the amount of $565,677,695.19 for the various funds. The Board previously approved the fiscal year 2004 budgets and the various purchase orders. Purchase orders that were carried forward in Non-Project funds amounted to $6,617,487.53. Unexpended budget in Project Funds that were carried forward was in the amount of $559,060,207.66. GROWTH MANAGEMENT IMPACT: Many of the capital project budgets (i.e., roads, water and wastewater, North Regional park. etc) being carried forward are for Category A facilities, which are required to meet concurrency requirements in the County Growth ~anagement Plan. RECOMMENDATION: The Board approve the budget amendments for $565,677,695.19 to appropriate carry forward and expenditure budgets. ,PREPARED BY: Shirley Van Vliet, Sr. Tech. Assistant Kelly Jones, Senior Accountant ""_"'d.,;,,,_~,,,,··,,·"_J",""" ····-r--·-· .. EYm!. D..crlDtlon 001 General Fund 101 Transportation Services 109 Pelican Bay MSTUBU 111 MSTD General Fund 113 Community Development 114 Water Pollution Control 131 Developer Services 134 Victoria Park Drainage 143 Vanderbilt Drive Beautification MSTU 146 Ochopee Fire Control 152 Lely Golf Estates Beautification 187 Bayshore/Gateway Triangle RedevelopmE 190 Misc Florida Statutes Fee Collection 193 TDC Museum '194 TDC Promotion Speciai Events . '.~ " 196 TDC Disaster RecovEIV . 198 Museum 312 Road Const Gas Tax Operating . 408 County Water Sewer Operating 410 Water/Sewer Debt Service 441 Goodland Water District 495 Collier Co Airport Authority 517 Group Health & ute 518 Worker's Compensation 669 Utility Fee Trust Fund - Amount of PO's Carry Forward from FY2004 92,484.57 119,526.41 10,494.00 2,591,848.42 127.937.30 95,010.24 110,630.00 14,300.00 26,874.16 24,368.00 10,065.24 238,627.20 80,937.00 218,859.95 179,178.51 287,413.48 298,700.28 13,000.00 360,607.37 7,000.00 749,077.11 878.537.70 26,419.00 46,622.90 2,685.15 6,283.54 6,617,487.53 Agenda Item No. 16J1 January 11, 2005 Page 2 of 4 Project Funds Agenda Item No. 16J1 Appropriations to be Increased by 2004 Unspent Budget within Project Funds January 11 , 2005 That have been Carried forward to FY 2005 Page 3 of 4 Amount of Unspent Budget Encumbered Unencumbered Fund Description (In Prolect Funds) Amt at FY end. Amt at FY end. 112 MSTD ROAD & BRIDGE 3,252,740.44 2,164,494.47 1,088,245.97 115 SHERIFF GRANTS 597,276.89 597,276.89 116 MISCELLANEOUS GRANTS 258,669.14 68,403.72 190,265.42 117 NATURAL RESOURCE 56,142.53 995.00 55,147.53 118 EMERGENCY MANAGEMENT 371,4 72.90 9,333.94 362,138.96 119 PARKS & RECREATION GRANTS 48,306.46 7,052.98 41,253.48 121 URBAN IMPROVE GRANTS 5,327,702.89 384,386.00 4,943,316.89 123 COLLIER CO SENIORS 361,193.25 42,214.95 318,978.30 126 METRO PLANNING MPO 4,163,086.07 1,790,974.08 2,372,111.99 129 LIBRARY GRANTS 242,098.36 6,746.06 235,352.30 132 PINE RIDGE IND PARK 2,965,400.00 2,965,400.00 136 GOLDEN GATE B.EAU 152,859.07 20,370.92 132,488.15 ., ..... 150 ~DIO ROAD BEAU 264,478.30 6,262.50 '258,215.80 155 FOREST LAKES ROADWAY 137,657.31 124,658.07 12,999.24 156 IMMOKALEE BEAU 649,014.41 80,953.66 568,060.75 160 BAYSHORE/AVAlON BEAU 211,404.37 34,885.95 176,518.42 170 ADOPTION AWARENESS 33,800.00 33,800.00 189 E911 WIRELESS 1,096,424.25 1,096,424.25 191 SHIP 4,853,674.37 129,608.35 4,724,066.02 195 TDC - BEACH RENOUR 5,432,824.34 3,579,157.35 1,853,666.99 301 FACILITIES MGMT 13,672,459.32 5,861,070.24 7,811,389.08 306 1982 PARKS CIP 3,028,693.23 312,705.22 2,715,988.01 307 1983 LIBRARY IMPROV 11.69 11.69 310 CDES - SYSTEM DEV 1,591,473.30 1,591,473.14 0.16 313 ROADCONST-GASTAX 169,573,247.43 85,174,879.97 84,398,367.46 320 CLAM BAY RESTORATION 401,321.58 40,563.55 360,758.03 322 IRR & LNDSCAP SYS 594,010.67 15,552.60 578,458.07 325 1981 WATER MGMT 331 ROAD IMPACT - DIST 1 11,227,020.61 6,188,992.49 5,038,028.12 333 ROAD IMPACT - DIST 2 7,844,038.59 4,594,235.20 3,249,803.39 334 ROAD IMPACT - DIST 3 486,045.65 24,994.92 461,050.73 336 ROAD IMPACT· DIST 4 8,930,913.18 1,799,058.65 7,131,854.53 338 ROAD IMPACT - DIST 6 6,766,783.90 3,373,624.23 3,393,159.67 339 ROAD IMPACT - DIST 5 865,983.00 865,983.00 345 REGIONAL PARK IMPACT FEES 49,182.23 49,182.23 346 UNIN COMM & REG PARK 51,402,197.09 788,565.80 50,613,631.29 350 EMS IMPACT FEES 2,150,013.50 29,264.81 2,120,748.69 351 EMS CAPITAL 375,389.12 228,176.64 147,212.48 355 LIBRARY SYS IMPACT 843,530.55 339,404.83 504,125.72 365 DIST 5 IMM IMPACT 368 NAPLES & URBAN CO 237,339.84 13,446.43 223,893.41 372 OCHOPEE FIRE CONTROL 12,477.50 12,477.50 373 ISLE OF CAPRI FIRE 25,374.22 25,374.22 381 CORRECT FACIL IMP 16,709,513.72 14,190,774.10 2,518,739.62 390 GENERAL GOV'T FACILITIES 1M FEE 24,590,032.00 2,532,468.37 22,057,563.63 409 CO WATER/SEWER OP 59,952.50 59,952.50 411 WATER IMPACT FEE 88,434,070.64 20,630,102.97 67,803,967.67 412 CO WATER CAP PROJ 28,323,470.70 12,379,621.74 15,943,848.96 413 SEWER IMPACT FEE 66,461,684.87 30,927,884.97 35,533,799.90 414 CO SEWER CAP PROJ 21,996,637.85 6.301,039.53 15,695,598.32 472 SOLID WASTE DISP 105.00 105.00 474 SOLID WASTE CAPITAL 673,457.11 420,590.35 252,866.76 491 EMS GRANTS 101,832.14 67,441.21 34,390.93 496 AIRPORT AUTH GRANT 1,143,175.59 116,361.34 1,026,814.25 497 AIRPORT COMM PA A-8 12,543.99 12,543.99 559,060,207.66 206,392,791.30 352,667,416.36 Agenda Item No. 16J1 January 11, 2005 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16J1 Meeting Date Recommendation to approve the budget amendments appropriating carry forward and expenditure budgets for open purchase orders for non-profit funds and for unexpended budget for project funds at the end of Fiscal Year 2004, 1/11/2005 9:00: 00 AM Approved By ~. S,usan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/22/20043:28 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/27/20048:35 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/29/20046:14 PM L Agenda Item No. 16J2 January 11, 2005 Page 1 of 2 EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHA.SES. ~-",- ·.r; '1l- . ::;. '. OBJECTIVE: To have the Board of County Commissioners make a . determination whether the purchase orders opened from November 27, 2004 through December 10. 2004 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDERATIONS: To ensure compliance with State law, the Clerk's Office has prepared a detail list of all purchase orders that have not previously been approved by the Board of County Commissioners that were opened for the period November 27, 2004 through December 10. 2004. This report is available for inspection and review in the County Manager's Office. L FISCAL IMPACT: The goods and services included in the aforementioned report have all been previously appropriated. GROWTH MANAGEMENT IMPACT: related to this item. There IS no Growth Management Impact RECOMMENDA TION: That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. Prepared By: ~X ~ es L. MItchell Finance & Accounting Finance Director Date: /z(-¡/é:7Y Reviewed and Approved By: Constance C. Murray General Operations Manager Date: /~7Iov , <0""""",_,_,,,1_"','''' ---¡-----....... ~:.. ,....:: t Item Number Item Summary .~. Meeting Date Approved By Michael Smykowski County Manager's Office COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No, 16J2 January 11 , 2005 Page 2of2 16J2 Recommendation that the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report of Open Purchase Orders from November 27, 2004 to December 10, 2004 is on display in the County Manager's Office, Collier COLI nty Government Center, 3301 East Tamiami Trail, 2nd Floor, W. Harmon Turner Building, Naples, Florida. 1/11/20059:00:00 AM . .' Date 12/22/20042:29 PM Approved By James V. Mudd Board of County Commissioners Management & Budget Director Office of Management & Budget County Manager County Manager's Office Date 12/22/2004 6: 08 PM Agenda Item No. 16J3 January 11, 2005 Page 1 of 2 EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. k. L. ..~ 1If~ ~- ....;.. ..,.~'" ·.0.' . OBJECTIVE: To have the Board of County Commissioners make a determination' whether the purchase orders opened from December 11, 2004 through December 24, 2004 serve a valid public purpose and authorize the expenditure of County ftm:ds to satisfy said purchases. . ." CONSIDERATIONS: To ensure compliance with State law, the Clerk's Office has prepared a detail list of all purchase orders that have not previously been approved by the Board of County Commissioners that were opened for the period December 11, 2004 through December 24, 2004. This report is available for inspection and review in the County Manager's Office. FISCAL IMPACT: The goods and services included in the aforementioned report have all been previously appropriated. ..- GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact related to this item. RECOMMENDATION: That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. PrcparedBY:~~ . es L. Mitchell Finance & Accounting Finance Director Date: I b !f).s- Reviewed and Approved By: Date: II.YP~ onstance C. Mun-ay General Operations Manager ",-- ··,,,.,,..,,_.··.~,,"__,._·,·_·.n._~'"..··,~ , ",_._--,_.- r-'" .".---..-, Item Number Item Summary .". .Meeting Date Approved By Michael Smykowski County Manager's Office Agenda Item No, 16J3 January 11, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16J3 Recommendation that the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report of Open Purchase Orders from December 11, 2004 to December 24, 2004 is on display in the County Manager's Office, 3301 East Tamiami Trail, W. Harmon Turner Building, 2nd Floor, Naples, FL. 1/11/2005 9:00:00 AM Management & Budget Director Date Office of Management & Budget 1/4/20054:00 PM Approved By James V, Mudd Board of County Commissioners County Manager Date County Manager's Office 1/4/20054:04 PM '. Agenda Item No. 16K1 January 11, 2005 Page 1 of 9 - EXECUTIVE SUMMARY Recommendation to approve the Stipulated Final Judgment relative to the fee simple acquisition of Parcel 130 in the lawsuit entitled ColUer Cou.nty J1. North Naples Fire Control & Rescu.e District, et aL, Case No. 02-1702-CA (Goodlette Road Project 60134). "'. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the fee simple acquisition arising out of .·the cbnden:ìnation of Parcel No: 130 Ì9. Collier County v. North Naples Fire Control & Rescue ~¡;,..;..:." District, et al., Case No. 02-l702-CÁ. CONSIDERATIONS: On October 8, 2002, an Amended Stipulated Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 130 for the Goodlette Road Project (Project No. 60134). On September 19, 2002, Collier County deposited with the Registry of the Court the sum of $14,160.00 for Parcel 130 in accordance with the Amended Stipulated Order of Taking. ,-. The Stipulated Final Judgment provides for a total of $18,500 to be paid to Respondents, Rufus F. Duff and Carolyn H. Duff, as full compensation for the property rights taken as to Parcel 130 and all damages for the remainder. The Stipulated Final Judgment provides for additional compensation in the amount of$I,432.20 for attorney's fees based on the statutory entitlement of 33% of the benefit obtained. There are no appraisal fees or other cos'ú;. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. FISCAL IMPACT: Funds in the amount of $5,772.20 are available in the FY 2005 adopted budget Source offtmds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Stipulated Final Judgment as to Parcel 130; 2. Approve the expenditure of the funds as stated; and 3. Direct staff to pay the sum of$5,772.20 to Quarles & Brady, LLP Trust Account, for proper disbursement. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney ,-. .'," '......."..,." ~'"_"'T",." ~""".""'''''''' -~~" ." Agenda Item No. 16K1 January 11, 2005 Page 2 of9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16K1 Recommendation to approve the Stipulated Final Judgment relative to the fee simple acquisition of P. 130 in the lawsuit entitled Collier County v. North Naples Fire Contro I & Rescue District, et aI., Case No. 02-1702-CA (Goodlette Rd Project 60134). 1/11/20059:00:00 AM Item Number Item Summary ·AfJproved By Eugene Calvert Transportations Services Principal Project Manager Transportation Engineering and Construction Management Date 12/14/20049:35 AM Approved By Lisa Taylor ManagementlBudget Analyst Date Transportion Services Transportation Administration 12/17/20043:00 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 12/20/20043:12 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 12/21/20044:06 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 12/21/2004 4: 56 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 12/21/20045:20 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 12/301200410:08 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/30/2004 10: 16 AM Approved By 1"'"_-'-~_. Agenda Item No. 16K1 January 11, 2005 Page 3 of 9 Susan Usher Senior ManagemenUBudget Analyst Date County Manager's Office Office of Management & Budget 12/30/20044:36 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/31/20048:51 AM Approved By James V. l)IIudd County Manager Date Board of County Commissioners County Manager's Office 12/31/200410:48 AM Agenda Item No. 16K1 January 11, 2005 Page 4 of 9 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No. 02-1702-CA ," v. Parcel No.: 130 .'.~ . NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT, et at, Respondents. I STIPULATED FINAL JUDGMENT AS TO PARCEL 130 THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondents, RUFUS F. DUFF and CAROLYN H. DUFF, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 130 and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, is the full compensation due the Respondents, RUFUS F. DUFF and CAROLYN H. DUFF, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, RUFUS F. DUFF and CAROLYN H. DUFF, have and recover from Petitioner, COLLIER COUNTY, the sum of Eighteen Thousand Five Hundred and NollOO Dollars ($18,500.00) for Parcel No. 130 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel which amount includes the good faith deposit of $14,160.00; it is further 1 Agenda Item No. 16K1 January 11, 2005 Page 5 of9 ORDERED that Respondents, RUFUS F. DUFF and CAROLYN H. DUFF, receive from Petitioner as reasonable attorney's fees the sum of Fourteen Hundred and Thirty Two and 20/100 Dollars ($1,432.20); it is further ORDERED that except as provided herein, no attorney's fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 130; it is :further ORDERED that Petitioner, COLLIER COUNTY, shall pay Five Thousand Seven Hundred Seventy-Two and 20/100 Dollars ($5,772.20) within 30 days of the date of this Stipulated Final Judgment to QUARLES & BRADY, LLP, Trust Account, c/o David Arizmendi, Esq., 1395 Panther Lane, Ste. 300, Naples, FL 34109, which includes the sum of $4,340.00 for Respondents, RUFUS F. DUFF and CAROLYN H. DUFF; it is further ORDERED that this Stipulated Final Judgment resolves any and all claims and issues between Petitioner and Respondents, RUFUS F. DUFF and CAROLYN H. DUFF, pertaining to the acquisition of Parcel 130 for the GoodJette-Frank Road Project (project No. 60134); it is further ORDERED that the Clerk of this Court shall disburse the total amount of Fourteen Thousand One Hundred Sixty and No/100 Dollars ($14,160.00), less any amount previously paid to the Collier County Tax Collector for taxes, to Respondents, RUFUS F. DUFF and CAROLYN H. DUFF, made payable to QUARLES & BRADY, LLP, Trust Account, c/o David N. Arizmendi, Esq., 1395 Panther Lane, Ste. 300, Naples, FL 34109; it is further ORDERED that disbursement to Respondents, RUFUS F. DUFF and CAROLYN H. DUFF, is subject to any claims of mortgagees; it is further 2 Agenda Item No. 16K1 January 11, 2005 Page 6 of 9 ORDERED that title to Parcel 130, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUN1Y, pursuant to the Amended Stipulated Order of Taking dated October 8, 2002, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further r: r . ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3028, Page 1242 of the Public Records of Collier éounty, Florida be . dismissed as to Parcel No. 130; and it is further . '. . ORDERED that pursuant to §74.051(3), Fla. Stat., the Clerk of Courts shall disburse the interest earned on the funds on deposit to Collier County Board of County Commissioners, c/o Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney, 3301 East Tamiami Trail, Naples, FL 34112-4902, less any sums retained by the Clerk of Courts up to 10% in accordance with §28.33, Fla. Stat.; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Naples, Collier County, Florida, this _ day of . 2004. TED H. BROUSSEAU Circuit Court Judge Confonned copies to: Ellen T. Chadwell, Esq. David Arizmendi, Esq. E. Glenn Tucker, Esq. Wells Fargo Home Mortgage David Diamond Bookkeeping 3 Agenda Item No. 16K1 January 11 , 2005 Page 7 of 9 JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Joint Motion for Stipulated Final Judgment as to Parcel 130. Dated: /2· Þ 2. . J:> i Dated: D ID N. ARIZ RE Florida Bar No.: 06020 QUARLES & BRAD , LLP 1395 Panther Lane, Sle. 300 Naples, FL 34109 (239) 262-5959 - Telephone (239) 434-4999 - Facsimile ATTORNEY FOR RESPONDENTS RUFUS F. DUFF and CAROLYN H. DUFF ELLEN T. CHADWELL, ESQUIRE Florida Ba.- No.: 0983860 OFFICE OF THE COUNTY ATTORNEY Harmon Tumer Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER 4 4 -- PROJECT NO. : 60134 PROJECT PARCEl. NO.: 130 TAX PARCEL NO. :\(1"I..'30.....L"!2ÞD6c.2... LOT 2 OAIlØliÞa.1OtIt 0.\10 V. . ~ __1Ð< """~ ~ ____ Iof,It",ISIO . _~af~ßO ~ð\OG~ ..~- ~\~~ ~ ",1¡íP" ik.... ...... F!~";:;" LOT 1 Dill. ,.,.,..,.. ftUI'\D J". II CAAD.:'!tII H. ÐuF'f' PARCEL. 130 0.035 ACRES. .¡. /- sor08'12HW 6.00' 584'44'38"( 251.20' , NB4'44'J H ' CE"'T£R BŠ-rJt·OQ· 'T ER -------- -------- ----- LOT 21 MNIE L. WCOCM Alt....,. ,,.. ...i' .< . ~. I LOT 20 OJI.....l'G.fU . GaMGI: D. ... IØŒ\JfC t.rHINATaN úI GRAPHIC SCALE IO~' :x: j! (rNFEET) 1 inch '" 100 tl o .l- N .¡. . ...~::>~.~.~',~.<~<~ ~:~<:-'.~...,. B~·'~:~'~~)'··" P_1...oI IAlfd,~.,.,.. . . . Florjda Certllloa1i tra,'IJ-'4Ib-'" .;.. : ~...,'''f¡:.¡-..... Dale Slgn~;~\o '.'V¥J ~..?:~: :. . Na' ..IN" ÍIIIII/K>Ii~.' . .... aþn _If' Ut..' ariglnal ndaad .IICII of;a Roi1da IJIMII IÞlSui:lQw 1IIId Wapp.... ·\··";~·....·~/;.;:: \.{:.:..........;.. I I I.EGliND: O.R, INDICATES CFF1C1AL RECORDS ·PG. INDICATES PAGE P.C.P. INDICATES PER/.IANENT CONTROl POINT I I II I I II I I II 3. SUB.ECT 10 EASEWENTII. RESf/IVAt10NS AND RtS'mIC'DONS Of RECORD. 4. HOT VALID 'M1HOUT SHm 2 OF 2, 'II' .. "J ~L 1) II . ~/~ ;/ J~ III ~~ j f ~ ~~ II ~ ç I /!g CENTEX ~ g ¡~ II - 8. &' I I III I i ª~ì< I I /./ 1= I~& . ~~ i:; I I II 11 ~ss / j, &~ ,~~ /I ~ . ~ ';' ..j..., r - ." ~ , I f Janua No. 6K1 11, 005 age of9 / EXHIBIT A /~,L -- I I I NOTES: 1. THIS 111 NDT A SURVEY. 2. BEARINGS SHOWN HEREON ARE BASED ON THE EAST RIGHT OF WAY UN!: OF GOOOI.tTIE-I'RANK ROAD WHICH HAS A JiEARJNa or N. OTa8'12" Eo SKETCH AND DESCRIPTION SECTION 1 O. TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY. FLORIDA ....01· c. '- 1 Of Z .":... . . ..', ".01- 1'1 .~ , ú! :t: i! o J. N J. '--' 0, 16K1 Januar '11. 2005 I P ge 9 of 9 PROJECT NO. : 60134 PROJECT PARCEL NO.: IJO TAX PARCEl NO. : 1,.1 '2. "i ~ .. co . c "2.. EXHIBIT I A ..I '1 ri2- DESCRfPT10N: PARCEL 1JO A PARCEL OF LAND LOCATED IN SECT10N 10. TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PART1CULARL Y DESCRIBED AS FOLLOWS: THE SOUTH 6.00 FEET OF THE EAST 251.00 FEET OF LOT 1 OF BLOCK "H- . OF -SUBDIVISION OF BLOCKS E, F, G AND H IN PINE RIDGE SUBDIVISION- AS RECORDED IN PLAT BOOK 4, PAGE 29 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.035 ACRES OF LAND, MORE OR LESS. SKETCH AND DESCRIPTION SECTlON10. TOWNSHIP 49 SOUTH, RANGE 25 EAST COWER COUNTY, FLORIDA - +-01 - Agenda Item No. 16K2 January 11 , 2005 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve the Stipulated Final Judgment relative to the perpetual, non-exclusive road right-of-way, drainage and utility easement acquisition of Parcel 118 in the lawsuit entitled Collier County v. Collier Development Corporation, et aL, Case No. 04-3821- CA (Immokalee Road Project 66042). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the perpetual, non-exclusive road right-of-way, drainage and utility easement acquisition arising out of the condemnation of Parcel No. 118 in Collier County v. Collier Development Corporation, et al., Case No. 04-3821-CA. CONSIDERATIONS: A Petition in Eminent Domain and Declaration of Taking were fùed on August 8, 2004, for the condemnation of perpetual, non-exclusive road right-of- way, drainage and utility easement, Parcel 118 for the expansion of Immokalee Road. A Stipulated Order of Taking was entered for Parcel 118 on December 9, 2004, and the County has deposited $100,000 into the registry of the court in accordance with the order. The parties have reached resolution of this matter for the total sum of $100,000. - The proposed Stipulated Final Judgment provides for a total of $100,000 to be paid to Respondent, Naples Community Hospital, as full compensation for the property rights taken as to Parcel 118 and all damages for the remainder. The Stipulated Final Judgment also provides for payment in the amount of $3,036 for attorney's fees based on the statutory entitlement of 33% of the benefit obtained. There are no appraisal fees or other costs. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. FISCAL IMPACT: Funds in the amount of $3,036 are available in the FY 2005 adopted budget. Source offunds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Stipulated Final Judgment as to Parcel 118; 2. Approve the expenditure of the funds as stated; and 3. Direct staff to pay the sum of$3,036 to Bond, Schoeneck & King, P.A., Trust Account, for proper disbursement. - PREPARED BY: Ellen T. Chadwell, Assistant County Attorney Agenda Item No. 16K2 January 11, 2005 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16K2 Recommendation to approve the Stipulated Final Judgment relative to the perpetual, non- exclusive road right-at-way, drainage and utility easement acquisition ot Parcel 118 in the lawsuit entitled Collier County v. Collier Development Corporation, et aI., Case No. 04-3821- CA (Immokalee Road Project 66042). 1/11/20059:00:00 AM Item Number Item Summary Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 12117/20043:01 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 12/20120047:35 AM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 12120/20044:06 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 12121/20044:08 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 12/21/20045:04 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 12/21/2004 5:21 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 12/30/200410:16 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/30/2004 10:48 AM Approved By r Agenda Item No. 16K2 January ii, 2005 Page 3 of 10 Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/30/2004 4:40 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/31/20049:07 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 12/31/200410:58 AM Commissioners , . Agenda Item No. 16K2 January 11, 2005 Page 4 of 10 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, F'LORIDA CIVIL ACTION COllIER COUNTY. FLORIDA. a political subdivision of the State of Florida, Petitioner, Case No.: 04-3821-CA v. Parcel No.: 118 COLLIER DEVELOPMENT CORPORATION, et a1.; Respondents. I STJPULA TED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY. and Respondent, NAPLES COMMUNITY HOSPITAL, INC., by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 118, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, NAPLES COMMUNITY HOSPITAL, INC., and the Court being otherwise ful1y advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, NAPLES COMMUNITY HOSPITAL, INe., have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of One Hundred Thousand and No/100 Dollars ($100,000.00) for Parcel No. 118 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken. business damages, and for all other damages in connection with said parcel including all landscaping, trees, shrubs. improvements, and fixtures located thereon and for any 1 Agenda Item No. 16K2 January 11, 2005 Page 5 of 1 0 damages resulting to remaining adjacent lands and for all other damages in connection with conveyance~ it is further ORDERED that Respondent, NAPLES COMMUNITY HOSPITAL, INC., receive pursuant to Florida Statute §73.092(1), as a reasonable attorney's fee, the sum of Three Thousand Thirty Six and No/tOO Dollars ($3,036.00). Except as provided herein, no attorney's fees, expert witness fees and other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 118; it is further ORDERED that Petitioner, COLLIER COUNTY, shall pay Respondent, NAPLES COMMUNITY HOSPITAL, INC., the total amount of Three Thousand Thirty Six and No/loo Dollars ($3,036.00) made payable to BOND, SCHOENECK & KING, P.A., TRUST ACCOU:t\>'T, c/o F. Joseph McMackin, III, Esquire, 4001 Tamiami Trail, North, Suite 250, Naples, Florida, 34103-3555; it is further ORDERED that the Clerk of this Court shall forthwith disburse to the Respondent, NAPLES COMMUNITY HOSPITAL, INC., the total amount of One Hundred Thousand and 00/100 Dollars ($100,000.00) made payable to NAPLES COMMUNITY HOSPITAL, INC., c/o F. Joseph McMackin, III, Esquire, Bond, Schoeneck & King, P.A., 4001 Tamiami Trail, North, Suite 250, Naples, Florida, 34103-3555, for proper disbursement in accordance with this Order and the claims of the mortgagee~ it is further ORDERED that title to Parcel 118 being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, pursuant to the Stipulated Order of Taking dated December 9, 2004, and the deposit of money heretofore made, are approved, ratified, and confinned; it is further 2 Agenda Item No. 16K2 January 11, 2005 Page 6 of 10 ORDERED that disbursement to Respondent, NAPLES COMMUNITY HOSPITAL, INC., is subject to any claims of mortgagees~ it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3620, Page 4171 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 118~ it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida~ it is therefore DONE AND ORDERED in Chambers at Naples, Comer County. Florida, this _ day of ,2004. DANIEL R. MONACO CIRCUIT COURT JUDGE Conformed copies to: EUen T. Chadwell, Esq. F. Joseph McMackin. Ill, Esq. Bookkeeping Parties listed on the Serviçe List JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Joint Motion for Stipulated Final Judgment as to Parcel 118. Dated: Dated: ,- 3 _.~-- Dated: )LJlJV ç.'" .(.ø01- ,¿ (/ F. JO PH MCMACKIN, III, ESQ. Flori Bar No.: 163810 BO . SCHOENECK & KING, P.A. <'". 01 Tarniami Trail North, Suite 250 Naples, Florida 34103 (239) 659-3861 - Telephone (239) 659-3812 - Facsimile A TIORNEY FOR NAPLES COMMUNITY COMMUNITY HOSPITAL, INe. ¿- Agenda Item No. 16K2 January 11, 2005 Page 7 of 10 Dated: ~ !) cHIi t¡- o .L~~ ELLEN T. CHADWELL, ESQ. F10rida Bar No. 0983860 COUNTY A ITORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 341 12 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATIORNEYFORCOLLŒR COUNTY CERTIF1CA TE OF SERVICE I hereby certify that a true and correct copy of the foregoing Stipulated Final Judgment has been furnished via U.S. Mail to the parties listed on the attached Service List on this ~ay of -.f) Lr 1--.j~ , 2004. ~v~ .....ELLEN T. CHADWELL, ESQUIRE 4 Agenda Item No. 16K2 January 11, 2005 SERVICE LIST Page 8 of 10 COLLIER COUNTY v. COLLIER DEVELOPMENT CORP., et at. PARCEL 118 Naples Community Hospital Inc. CIa F. Joseph McMackin, Ill, Esquire Bond, Shoeneck & King 4001 Tamìami Trail North Suite 250 Naples, Florida 34103 Diagnostic Services, Inc. c/o Kevin Cooper, R.A. 350 7th Street North Naples, Florida 34102 Kraft Construction Company, Inc. cIa Robert L. CarseJ1o, its R.A. 2606 South Horseshoe Dri ve Naples, Florida 34104 r- Finfrock Design-Manufacturc-Construetion, Inc. cIa Robert D. Finfrock, its R.A. 2400 Apopka Blvd. Apopka, Florida 32703 Sprint-Florida, Incorporated c/o Corporate Service Company, its R.A. L201 Hays Street Tallahassee, FL 32301 Collier County Water-Sewer District cIa Thomas C. Palmer, Esq. Office of County Attorney 3301 East Tamiami TraiL 8th Floor Naples, FJolida 34112-4902 "-'"'---'-~-' .. ··'·'~·IT'··· .. . .., ~ . . .' {'1í)<· .......................... ...".". . '. ~._. '. ~-.::: . ~:.';:.. / : .::.....' : ", :~;- .~i~·:::'.::,·::~·::~;~:~~~"~:>--.''',·,: "~~'.~ . HM HOLE MONTES EHGIiEB>S . FWHßS . SUll'ÆYOf1S 950€nCllf.Way· Nøplea,f1arlO.34110· Pt<lM,941.Z5t:rooa· FtIx:94!.2R2000 100 PeRÆTliAl, NON-EXcI.USIVE ROAD RIGHT-oFoWIf,Y,1JWNAOE AND UTlU1Y EASEMEHT HM PROJECT 112000067 7/16/3 !U!F. DWG. #B-3628-J PARCBLNO.1J8 LEGAL DESCRIPTION A POR'I1ON OF TRACT C OF COLUBR HEALTH PARK ACCOJIDJNG TO THE PLAT THEREOF RECORDIID IN PLAT BOOK 17 AT PAGES 50 AND Sl OF iHE PUDLlC RECORDS OF cou.mn COUNTY, FLORIDA. BEINO MORE PART1CULARL Y DESCRIBED AS :FOLLOWS: ' COMMENCE AT THE. INTERSECTION OF TIre CENTERLINE OF THE FORMER SEABOARD COASTLINE RAfi.QOADRIGIIT-OF-WAY AS RECORDED IN O.R. BOOK 921 AT PAGE 1087 OFTHEPUBUC RECORDS OF COLUBR. COUNTY. FLORIDA, WITH THE SOtrrH LINE OF THE SOUTHEAST Q!JARTER OF SECTION 22. TOWNSHIP 48 SOtJrH, RANGE 25 RAST, COti.JER COUNTY, FLORIDA, AS THE SAME ARB SHOWN ON THE PLAT OF COLLIER HEALTH PARK ACCORDING TO THE PLAT TEERBOP RECORDED 1NPLATBOOK 17 AT PAGES 50 AND 51 OF THBPUBLIC RBCORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89ð4S'51"E., ALONG THE SOUTII IJNE OF THE SOUTHEAST QUARTER OF SAID SECTION 22. FOR A DIST ANeE OF 87.43 FEET TO A POINT ON THE BOUNDARY OF TRACT C OF COLLIER HEALTH PARK, THE SAME BEING A POrNT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N.00"11·ü9"E. A DJSTA.1'~CE OF 30.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE BOUNDAR Y OF SAID TRACT C AND ALONG THE ARC OF SAID CURVE TOTHBR1GIIT, HAVING A RADIUS OF30.00FEBT. TIm OUOH A CENTRAL A."IQLE OF 76"30'24", SUBTE.NDED 13 Y A CHORD OP 31.15 PEET ^ T A BEARJNG 01' N.5 I "33 '39"W.. FOR A DISTANCE OF 40.06 FEET TO A POINT 23.00 FE.E'J: NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, urn SOUTH LINE OF THE SOUTHEAST QU ARTER OF SAID SECTION 22 AND T1Œ POJN1' OF BEGrNN1NG OF THE P ARCm... OF LAND HEREIN DESCRIBED; THENCE CONmnJE NORTHWESTERLY. ALONG THE BOUNDARY OF SAID TRACT C AND ALONG THE ARC OF SAID CURVE 1'0 THE R1GHT , HAVING A RADIUS OF 3fi.OO FEET, THROUGH A CENTRAL ANGLE OF 07°43'26", SUB TENDED BY A CHORDOF4.04PEET AT ABBARING OF N.û9"26'44''W., FOR A DISTANCE OF4.04FEETTO THE END OF SAID CURVE; THENCE RUN N.OSð35'Ol''W., ALONG THE BOUNDARY OF SAID TRACT C, FOR ^ DISTANCE OF 23.27 FEET; THENCE RUN ~,:S4"49'I7"E, FOR A DIST ANCB OP 38,60 FBI¡::I'ö THENCE RUN S.R9°4S'Sl"E. FOR A DISTANCE OF 2$11.39 FEET; THENCE RUN S.OO"l1'09"W, FOR A DISTANCE OF 5.00 PEET', THENCE RUN N.BIJo4S'SI"W. FOR A DISTANCE OF 319.99 FEET TO THE POINT OF BEGTNNING; CON'fAINlNG 192.7.4 SQUARE FEET. MORE OR LESS. THIS PROPERTY IS SUBJBCT TO EASEMENTS, RESERV ATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOI.JTH lJNE DFTIIE SOUTHEAST QUARTER OP SECTION 22, TOWNSHIP 48 S01JfH, RANGE 25 EAST. COLLIER COUNTY,FLORIDl!-, AS BEINGS,89°48'SI"E, HOLE MONTES, INC. CER'fIFJCATIONOF AUTHORIZATION LB il177l .[ .;. . " BY It-;. !It. ..~~ . ,;' 7 > THO~;'S M. ~l!1 " " " P .SM. #5628 STATE OF FLORIDA .< FOLIO NO'0l}~nSCrL'\ "":'QGQI~ll:InW"".I'" h'aptK . Forl M \III". . VMit!14 . ¡;"V'lw--.""'" Agenda Item No. 16K2 January 11, 2005 Page 9 of 10 ~----_. ...~- ....-.- '-".'.' -..".-.,-.,- )Of'ŒcJSC C?TŒ'ON 0110.:1 In 0 "::O-or- <;DO_ ~NO O~-~ Z"'- Q) Ei::'o> Q)t'Ot'O .....:JO'" -c t'OCtI "0' C Q) Jf ~ ~- U U) t) 0 \ÏJ ~ CJ IVld ! 3d .lN31'i3SV3 M-O-U ,OOT, I ~1i I I ±~~ ~i ! ,llUUU 'i, '" I èn ! r<1 . .- m ".( ~ at cri I '-1- W "1:) a.. . Iõ.~!t u;J ':.-.1- \( ~.!Oi3 ~ ~ ~ ~ ~~ M fiJ L:S lí !:i._ Z~I I ~~ n. art. 'J~ffl ? r ~ I- :11 ~, <J L'J.j) II.. ~:t: _~_ \Jt ¡: m t.: ~~ :J of is''- .... 8\1 :/" 1; -;)W¿ / w o Of) \J I C'l-¡ gs COl.lIE.!! Hi!Þ,1.TK PI>.Rr. I CL 1'.£1. rl, pa \\ll-6' ¡ CENT¡:'RI.\~'E i{¡t1E0~~f&OA(} I SE^60~a. ~~~ PO ~ _ ____ -' --t--- --N~O" w I I g i-\!!.NJ1-\ I'ARK BLI{[) 1 CL I ¡ n'ld UJd I~--\ IN3Vi3S\l3 M-O-ij --~ I,OOTl ¡ ~ i I I I I I f f I . ~ìõ r.:~ CO¡¡ VI .,J .. i ~' B ~ .t1 c ~ .fi ¡¡ z~ DO r .lHiIft~'t'3 AlI1W1 aNY ~~N~~.avml ,.., u.:::¡a!:l3d ~ '" 3: ~~~ ...~ ~c::p...-o ...[¡J~~~ ~ 581;1) g :;:¡ zVlIJ1 iii ~~ 11:>- Itl~ ~. 51; ~¡!. ;!~ æ w ~:J::!~ . . ~~~ ..Jon WI'1~ O¡,,¡... "-0 ~\I~ t>' . ~~~ ~ ~1~' CL¡;;~ 2:2 ~ i~ C! V11. ~ ~';; ~QPi-+ It: a "'ù>'-.¡- ¡s~o ~~.,: ....:~;:".CO"<: .. ....:~: ,"; ...... . .....;...,.' - . . . "-', " "','. _'.( , .~..: '.' _ø.".~ . ' ,,'_t, ",','. . . '.: :.::;0", ; :' \;:\:: '" 30"0 -00 Si!cid æl'Jn ~r.N §uu U I- (J r.1ø a Uz Z è'iz 3;;;: W ~æ (.9 u a¡ W LLlL -! 00 ......1- ZZ ÕÕ L'LtL ~:z -«0 a.- ~t 0- u~ uU -c(~ 0° 1--1 ::r:(3 uw w-l ~-o;( V1 tI ~ ~ 1;1111 ~ 111;œ¡ §Ê ill!~~§ it l;;! g 1; tot 3It"~~..G en ~ Š,;. 8.1 -2': ..¡;: ~¥ ~ ;iíiì..'J;¡ m¡ft.g{! z 'I: 0 \:IQ:ë ~¡¡;.'l -'" 11.. III ~! ~iJ 't! '+ .~_._--,-,.. .OO'S'l1 \ \-1 'r Agenda Item No. 16K3 January 11, 2005 Page 1 of 9 .,- Executive Summary Recommendation for the Board of County Commissioners to Approve a Stipulated Final Judgment Relative to the Acquisition of Parcel 751 in the Lawsuit Styled CoUier County v. Regent Park Ouster Homes Association, Inc., et at., Case No. 04-3452-CA (Immokalee Road Project #66042). OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment as full and final compensation to be paid for the acquisition of Parcel 751 for the Irnmokalee Road project in the lawsuit styled Collier County v. Regent Park Cluster Homes Association, Inc., et al., Case No. 04-3452-CA. CONSIDERATIONS: On December 9, 2004 an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 751 for the Immokalee Road project (Project No. 66042). On or before December 29, 2004, Collier County will deposit with the Registry of the Court the sum of$21,600.00 for Parcel 751 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2004-35). The tenns of the ~ settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1 "). The Stipulated Final Judgment provides for $25,000.00 to be paid to Respondent, Willow Bend at Stonebridge Condominium Association, Inc., as full compensation for the property rights taken as to Parcel 751; $1200.00 for attorney fees, and $900.00 for appraisal fees, which fees are required to be paid by statute. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $3400.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. FISCAL IMPACT: Funds in the amount of $5650.00 (including Clerk's service fee of $150) are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Management Plan. Consistent with the Collier County Growth RECOMMENDATION: That the Board of County Commissioners: (1) approve the Stipulated Final Judgment; (2) approve the expenditure of the funds as stated; (3) direct staff to deposit the sum of $3400.00 into the Registry ofthe Court; and (4) direct payment of $150 service fee to the Clerk of Court. .-.. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney Agenda Item No. 16K3 January 11, 2005 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K3 Meeting Date Recommendation for the Board of County Commissioners to Approve a Stipulated Final Judgment Relative to the Acquisition of Parcel 751 in the Lawsuit Styled Collier County v. Regent Park Cluster Homes Association, Inc., et aI., Case No. 04-3452-CA (Immokalee Road Project #66042). 1/11/2005 9:00:00 AM Prepared By Date Heidi F. Ashton Assistant County Attorney 12/20/20043:05:54 PM County Attorney County Attorney Office Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 12/20/20044:08 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 12/2112004 8:55 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportion Services Transportation Engineering and Construction 12121/20044:10 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 12/2212004 7:02 AM Approved By Lisa Taylor ManagementlBudget Analyst Date Transportion Services Transportation Administration 12/22/20048:19 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 12/30/200410:18 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/30/2004 10:50 AM Approved By ,~"..,,,,--,._-_.~~,'.' T Agenda Item No. 16K3 January 11, 2005 Page 3 of 9 Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/30/20044:45 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/31/20049:09 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/31/20042:47 PM Agenda Item No. 16K3 January 11, 2005 Page 4 of 9 :,- IN TIm CIRCUIT COURT OF THE TWENTIETH JUDICIAL CmCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida Petitioner, Case No. 04-3452-CA v. REGENT PARK CLUSTER HOMES ASSOCIATION, INC., et aI. Parcel(s): 751 Respondents. / STIPULATED FINAL JUDGMENT AS TO PARCEL 751 THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORlDA, by and through the undersigned counsel, and Respondent, WILLOW BEND AT STONEBRIDGE CONDOMINruM ASSOCIATION, INC., by and through the undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 751, and it appearing to the Court that the parties are authorized to make such motion, the Court fmding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORlDA, is the full compensation due Respondent, WILLOW BEND AT STONEBRlDGE CONDOMINIUM ASSOCIATION, INC., and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED that Respondent, WILLOW BEND AT STONEBRlDGE CONDOMINTIJM ASSOCIATION, INC., have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twenty-Five Thousand Dollars and No/IOO ($25,000.00) for Parcel 751 as full payment for the property interests taken and for damages resulting to the ---~- ~ ..-.-- Agenda Item No. 16K3 January 11, 2005 Page 5 of 9 remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that Respondent, WILLOW BEND AT STONEBRIDGE CONDOMINIUM ASSOCIATION, INC., receive from Petitioner, COLLIER COUNTY, FLORIDA, as attorney's fee the stun of One Thousand Two Hundred Dollars and No/lOO ($1,200.00), it is further ORDERED that Respondent, WILLOW BEND AT STONEBRIDGE CONDOMINIUM ASSOCIATION, INC., receive &om Petitioner, COLLIER COUNTY, FLORIDA, for appraisal fees the sum of Nine Hundred Dollars and No/lOO ($900.00), it is further ORDERED that Petitioner shall deposit an additional Three Thousand Four Hundred and No/tOO DoUars ($3,400.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that except as provided herein no other costs should be awarded ill connection with the above-cause of action as it relates to Parcel No. 751; it is further ORDERED that disbursement of the amount of Twenty-Five Thousand Dollars and No/lOO ($25,000.00) as to Parcel 751, shall be by further order of this Court; and it is further ORDERED that this Stipulated Final Judgment is conditioned upon Respondent, WILLOW BEND AT STONEBRIDGE CONDOMINIUM ASSOCIATION, INC., receiving the sum of Twenty-Five Thousand Dollars and NollOO ($25,000.00) after apportionment, less any outstanding taxes; it is furtb.er ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay the total amount of Two Thousand One Hundred Dollars and No/lOO ($2.100.00) to the PECK & PECK TRUST ACCOUNT c/o Daniel D. Peck, Esq., PECK & PECK, 5801 Pelican Bay Blvd., Ste. 103, Naples,FL 34108, for appraisal fees and attorney's fees; it is further 2 Agenda Item No. 16K3 January 11, 2005 Page 6 of 9 ,......-. ORDERED that title to Parcel 751, a Temporury Driveway Restoration Easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLŒR COUNTY, FLORIDA, pursuant to the Stipulated Order of Taking dated December 9, 2004, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official Record Book 3604, Page 477, of the Public Records of Collier County, Florida be dismissed as to Parcel 751: it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Aorida; it is therefore DONE AND ORDERED in Chamhers at Naples, Collier County, Florida this _ day of , 2004. Daniel R. Monaco CIRCUIT COURT JUDGE Conformed Copies: Heidi F. Ashton, Esquire Daniel D. Peck, Esquire Thomas A. Palmer, Esquire Kenneth A. Jones, Esquire E. Glenn Tucker, Esquire Taylor Woodrow Communities Sprint-Florida, Incorporated Kevin Hendricks, Acquisition Mgrffransp. Bookkeeping 3 ..-.......,..--- __.~'~~. ......Ii Agenda Item No. 16K3 January 11, 2005 Page 7 of 9 JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 751 The parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 751. Dated: ~~~ ) ~I ),ÐP'1 Dated: v~ r rr...v- DANIEL D. PECK, ESQ. Florida Bar No.: 169177 PECK & PECK 5801 Pelican Bay Blvd., Ste. 103 Naples, FL 34108 (239) 566-3600 - Telephone (239) 566-3977 - Facsimile A TIORNEY FOR RESPONDENT @ HEIDI F. ASHTON, ESQ. Florida Bar No.: 966770 COLLIER COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile A TIORNEY FOR PETITIONER 4 /'"""' .~ " -I - . .- ,. EXHfB"tTL P8ge..ti:L of \ ù 9' HM HOLE MONTES em.IÐ\S. f'lAlIIÆPS.· SUI\IIOOIIS 950 !;....,,, ""-t. N.1'Io4. Filma 34110' Phone: z¡g.254.2000·"1<: :39.25'.2075 100 3M PROJECT #2OO1J067 12104103 IŒF.DWG. tŒ-4474 l'ARCBLNO.751 TEMPORARY CONSTRUCTION EASEMENT jOURAì1ON: n1:ARS FROM COMMENceMENT 01" CONSTRUCTION) LEGAL DFSCllIPTION A PORTION OFTRACT "A" OF SmnHAMPTON UNIT ONE ACCORDIN(J TO TIm PLAT TIiEREOF RECORDED 1N PLAT BOOK. 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RBCOlIDS OF COLLIER COUNTY. FLORIDA. BEING MORE P ARTICULA1U.. Y DESCRIBED AS FOLLOWS: . JmQIN AT THE MOST NORTHEASTERLY CORNER OF TRACT ~ AU OF SoUJ"HAMPTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDF..D IN PLAT BOOK 19 AT PAGES 92 TIrROUGH 103 OF T".rlB PUBUC RECOltDS OF COLLIER COUNTY,.Fl.ORIDA; THENCE RUN S.17"S9'OS"W.;ALONG"fHEEABT BOUNDARY UNE OF SAID TRACT "A" OF SOUTHAMPTON UNIT ONE. FOR A DISTANCE OF 5.28 FEET: THENCE 'R.UNS.89·14'16"W., POR A DŒTANCE OF 30557 FERTTO A POINT ON THE wEsT BOUNDARY OR SAID TRACT "A" OF SOUTHAMPTON UNIT ONE: THENCE RUN N,DI "20'03W., ALONG TIiE WEST . BOUNDARY OF SAID TRAcr" A" OF SOUTHAMPTON UNIT ONE FOR A DISTANCE OF 5.00 FEET TO A POINT ON THESOUTHERL Y Rl<JlIT-OF-WAY UNE. OP IMMOKALEE ROAD; THBNCERUN N,89°14'16"E~ - ALONG'THE sourHERLY RIOlIT-OF-WAY OF IMMOKAŒE ROAD FOR A DISTANCE OF 30732 FEEr TO THE POINT OF BEGINNING; CONTAINING 1,532.2 SQUARE FEEr, MORE OR LESS. 1'IDS PROPERTY IS SUBJECT TO EASEMENTS, RESElW ATIONS OR RESTRICTIONS OF RECORD. BEAPJNOS REFER TO THE NORTHERLY BOUNDARY OF TRACT "A" OF SOurHAMYl'ON UNIT ONE ACCORDING TO THE PL"-T TImREOF RECORDED >N PLAT BOOK 19 A'T PAGES 92 nmOUGH 103 OF THE PUBUC RECORDS OF COLLIER COUJ'.."TY, FLORIDA. AS BEING N.B9°j4'16"E. HOLE MONŒS, I.."IC. CERTJF1CA'J'ION OF AUTHORlZATION.~,~1772 ~. ~ P.S.M.1#5628 STATE OF FLORIDA " ./1:.._ \ '¥..~1IL-.co\J.De.5l""..kIi: ef"\\JO NO.c.c·, 0ît~)~O H__' ... .. .-.,,' ""'.-----'..- Agenda Item No. 16K3 January 11, 2095 .page 8 of 9 ----- (JJ /Lt' Llc¿ rJ/ ON 0 no.:I ("") L() O'J ~a_ lOao ...-NO'J ci..- Q) Z"- OJ ro E ~Q.. Q)ro .....;:¡ - c roro ë;:>J c <D OJ « I ;'1 ¡¡¡I or '"\I: >-. -% . ",0 , ~ <: 11\ ~ f-.I -c:: '" \J ... C/] \J '" H ::r:; P.. <C ~ o <: ., I Iff] CI~ (3) Irl~ t:j~ ~ ~ ~I'!' ~ð æ I I \ ~ ~ I ~t5 ;::¡I= i~ ~ .....1 ~I ~! :.! ~ ~' D is A " '""'.!! ... HKJ.OO· IS!..., ï3-;JWo/1 S (11'20'0;:1" E " 150.00' 3~ ~~ ~I~-g\ ~ ,d u:il ë5 ). '" z 3= ~ w z. . ...10rn"ì m¡::Qo It:~I.~~1 zc..-o ~ U'), 2;, z~ UOl - m",!!!::I O· 0- o...,~~~ !:Jr; fIf~": z.... ~l: !\!§.: ., ~----. w ~~ I -0 ;0... ~~ I ....)1 I ~d ~ i3g t::l - :o.:;N U :::>'" _r.:> 2: t? t 8¡:o., ~ ~o> Ñ ;?J-: F-< IX) ;::, . ---ê~ >- ZZ <,0 Il..- :::£tL 0- Ua:: UO <f3 0° /--....J :r::<3 Uw t¡....J ~<' In .. ~ ~ 1!1~I·i . ~ ;11!s~~ ' ~ ¡¡1!!1!i~g .. t"2 g 'Q ~ ~;~~t:: fo» "¿ 0.J;Z~:Z: ~"'~'fc w .._-,2 Q:~Oii ~g.t!..g~ Z .,i! h:1ii o -< .c D. 'I' ~i Ôl§ , :cl ci;; ~ ~ 4:~ r"í N 1:;8 - - ~ ~ !1 '" '" o 0 ),OA""".¡ '~q p.~~o)¿ W1»~'I)1 - .00. 'þ~ :>.~ ,>pow oq"l ð....'1l-\lH~-~.3N'\S)H:)1J~S '3>I¥l\L9~ODD¿\DDD¿\<r1 ro o 11.. ¿;Ti"rJO ðì7r aBSd II 1.!"~IHX3 N ¡..... I") III r...: ui a 0 n t'} JL¡ E;2 f-I zN ~ Þ'" ztfJ t3 0 c.:> ~f-o~ E- ~c£ ;3~ S!:g oi:l., I'J') -" w 3: . ~ ~ ... -'<t' '* r- r en OJ co co z: v EAST LINE HW tI~ SEClION Z6 LZ o W l:- t-- I I I I I I '1 -< ...J a. z ::> M-Q-H r09 1....1d !:J3d M-O-~ 031 V::JI030 A 1:}!18nd ~ O~ Zz Wß '-'I%) W"- ....J~ z Õ Q J.~~m.Ls nmIV d (NOU:)IUi.lSNO::I ,fö .lNE!t'J80N!tI'lNO:> . ~ B!:N3Å t =NOu.~nò) ~~HiSNO:::l I - ~Odt'f:u. Agenda Item No. 16K4 January 11, 2005 Page 1 of 6 - EXECUTIVE SUMMARY Recommendation to approve an Agreed Order Awarding Appraisal Fees as to Parcels 151 and 152 in the lawsuit styled Collier County v. John F. Sudal, et øL, Case No. 02-5168-CA (lmmokalee Road Project 60018). OBJECTIVE: That the Board of County Commissioners approve an Agreed Order Awarding Appraisal Fees relative to the acquisition of Parcels 151 and 152 in the lawsuit styled Collier County v. John F. Sudal, et al., Case No. 02-51 68-CA (Immokalee Road Project 60018). CONSIDERATIONS: On May 13,2003, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcels 151 and 152 for the Immokalee Road project (project No. 60018). On May 20, 2003, Collier County deposited into the Court Registry the sum of $159,200.00 for Parcels 151 and 152 in accordance with the Order of Taking. On April 14, 2004, a Stipulated Final Judgment was entered providing for $190,000.00 to be paid to Respondent, Marilyn Lewis, as full compensation for the property rights taken as to Parcels 151 and 152 and $13,200.00 to Douglas L. Rankin, Esq., for attorney fees. r- Pursuant to §73.091, Fla. Stat., the property owner is entitled to all reasonable and necessary costs incurred in defense of the eminent domain proceeding. The property owner submitted invoices for appraisal fees totaling $15,136.00. Through negotiations, the property owner has accepted the County's offer of $10,000.00. Staff has reviewed the County's obligations stated in the Agreed Order Awarding Appraisal Fees and considers them to be reasonable. FISCAL IMPACT: Funds in the amount of $10,000.00 are available in the FY 05 adopted budget. Source of funds are Gas Taxes and/or Impact Fees. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Agreed Order Awarding Appraisal Fees; 2. Approve the expenditure of funds as stated; and 3. Direct staff to pay the sum of $1 0,000.00 to Calhoun, Collister & Parham, Inc. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney 02.0236n47 -" Agenda Item No. 16K4 January 11, 2005 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K4 Meeting Date Recommendation to approve an Agreed Order Awarding Appraisal Fees as to Parcels 151 and 152 in the lawsuit styled Collier County v. John F. Sudal, et aI., Case No. 02-5168-CA (Immokalee Road Project 60018) 1/11/20059:00:00 AM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 12/20/20043:05 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 12/21/20048:56 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 12/21/20044:11 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 12/21/2004 5:21 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 12/22/20047:04 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 12/22/20048:19 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 12/30/2004 10:21 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/30/200410:51 AM Approved By ·r Agenda Item No. 16K4 January 11, 2005 Page 3 of 6 Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/30/20044:56 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/31/20048:49 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 12[31/2004 3:53 PM Commissioners Agenda Item No. 16K4 January 11, 2005 Page 4 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 02-5168-CA v. Parcel Nos.: 151, 152 JOHN FRANK SUDAL, et al., Respondents. I AGREED ORDER AWARDING APPRAISAL FEES AS TO PARCELS 151.152 THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, and Respondent, MARILYN LEWIS, for entry of an Agreed Order Awarding Appraisal Fees, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondent, MARILYN LEWIS, have and recover from Petitioner, COLLIER COUNTY, the sum of Ten Thousand and No/I00 Dollars ($10,000) for appraisal services with respect to Parcels 151 and 152, which includes all expert fees and costs recoverable by Respondent in this cause; and it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, shall, within thirty (30) days from the date of this Order, subject to the approval of the Board of County Commissioners of Collier County, pay the sum of Ten Thousand and No/tOO Dollars ($10,000) to Calhoun, Collister & Parham, Inc., 10014 N. Dale Mabry Highway, Suite 201, Tampa, Florida, 33618-4426. Except as provided herein, no other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcels 151 and 152. 1 ."~-~- Agenda Item No. 16K4 January 11, 2005 Page 5 of 6 DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of .2005. DANIEL R. MONACO CIRCUIT COURT JUDGE Conformed copies to: Ellen T. Chadwell, Esquire Douglas L. Rankin Esquire E. Glenn Tucker, Esquire Bookkeeping JOINT MOTION FOR AGREED ORDER AWARDING APPRAISAL FEES AS TO PARCELS 151. 152 The Parties hereby respectfully request this Court to enter the foregoing Agreed Order Awarding Appraisal Fees as to Parcels 151, 152. Dated: Dated: DOUGLAS L. RANKIN, ESQUIRE Florida Bar No.: 0365068 Moorings Professional Building 2335 Tamiami Trail N., Ste. 308 Naples, Florida 34103-4458 (239) 262-0061 - Telephone (239) 262-2092 - Facsimile ATTORNEY FOR RESPONDENT ELLEN T. CHADWELL, ESQUIRE Florida Bar No.: 0983860 OFFICE OF THE COUNTY A TIORNEY Hannon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER 2 Agenda Item No. 16K4 January 11, 2005 Page 6 of 6 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been furnished via U.S. Mail to the parties listed below on this _day of 2005. ELLEN T. CHADWELL, ESQ. Marilyn Lewis c/o Douglas L. Rankin, Esq. 2335 Tamiami Trail North Suite 308 Naples, FL 34103 Collier County Tax Collector c/o E. Glenn Tucker, Esq. RHODES, TUCKER & GARRETSON P. O. Box 887 Marco Island, Florida 34146 3 Agenda Item No. 16K5 January 11, 2005 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the acquisition of Parcels 183 aDd 184 in the lawsuit styled Colüer County v. Mary Lou Adsit, et aL, Case No. 04-0506-CA (Vanderbilt Beach Road Project 63051). OBJECTIVE: That the Board of County Commissioners approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of the fee simple interest on Parcels 183 and 184 for the Vanderbilt Beach Road Project in the lawsuit styled Collier County v. Mary Lou Adsit, et aI., Case No. 04-0506-CA. CONSIDERATIONS: On June 29, 2004, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of fee simple interests for the Vanderbilt Beach Road Project 63051. Collier County deposited with the Registry of the Court the sum of $50,000.00 for Parcel 183 and $22,700.00 for Parcel 184 in accordance with the Order of Taking. - A Mediation Conference was held on December 16, 2004, in which the parties reached a settlement agreement whereby the property owners Robert P. Bender, Stephen Bender, Margaret Bender and Doris L. Bender, Trustee, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2003-231). The tenns of the Mediated Settlement Agreement (attached as Exhibit "A") will be incorporated in the Stipulated Final Judgment to be presented to the Court for entry. The Mediated Settlement Agreement provides for $110,000.00 to be paid to Respondents in full settlement of all claims for compensation including statutory interest for Parcels 183 and 184. The Mediated Settlement Agreement requires Collier County to deposit an additional amount of $37,300.00 with the Registry of the Court. FISCAL IMPACT: Funds in the amount of $37,450.00 (inclusive of the $150.00 service fee due to the Clerk of Court) are available from the Tram.'portation Supported Gas Tax and Impact Fees Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. approve the expenditure of funds as stated; ~ 2. approve the attached Mediated Settlement Agreement; Page 1 of2 Agenda Item No. 16K5 January 11, 2005 Page 2 of 6 3. direct staff to deposit the sum of $37,300.00 into the Registry of the Court; 4. direct payment of the $150.00 service fee to the Clerk of Court; and 5. approve the Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry. PREPARED BY: Jeffrey A. Klatzkow, Assistant County Attorney .- Page 20f2 Agenda Item No. 16K5 January 11, 2005 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16K5 Recommendation to approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the acquisition of Parcels 183 and 184 in the lawsuit styled Collier County V. Mary Lou Adsit, Et AI., Case No. 04-0506-CA (Vanderbilt Beach Road Project 63051). 1/11/20059:00:00 AM Item Number Item Summary Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 12/22/20041:23 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 12/22/20043:36 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 12/23/20047:47 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 12/23/2004 9:43 AM Approved By Harry Henderson Review Appraiser Date Transportion Services TECM 12/23/2004 10:21 AM Approved By Sharon Newman Accounting Supervisor Date Tral1sportion Services Transportation Administration 12/23/200410:26 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Admin istration 12/23/200411:35 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 12/30/200410:24 AM -"--~-----" r- Agenda Item No. 16K5 January 11. 2005 Page 4 of 6 Approved By Virginia Neet Legal Secretary Date County Attorney County Attorney Office 12/30/200410:25 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/30/200410:52 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/30/20045:00 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/31/20049:19 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/31/20042:42 PM - ~' /' ., þg~nd~t~m,../'-,h,1:@~5" '7 EXHIBIT "A" ((". ..'-).. fi~ñ·~tþrt~~¿!¡~/ ~> 'V0"Uv u IN THE CmCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION ..... .... COLLJER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 04-0506-CA Petitioner, Parcel Nos: 183 & 184 VS. MARY WU ADSIT, INDIVIDUAlLY and as TRUSTEE OF THE TRUST AGREEMENT DATED DECEMBER 16, 1999, et aI., Respondents. I MEDIATED SETTLEMENT AGREEMENT ..- At a Mediation Conference held on the 16thth day of December, 2004, the parties reached the following Settlement Agreement: 1 With respect to Parcel No. 183, Petitioner will pay to Respondent(s) the sum of $75,713.00 in full settlement of all claims for compensation from Petitioner whatsoever, including statutory interest. Petitioner is entitled to a credit in the amount of $50,000 which was previously deposited in the registry of the Court in this case by Petitioner. 2 With respect to Parcel No. 184, Petitioner will pay to Respondent(s) the sum of $34.287.00 in full settlement of all claims for compensation from Petitioner whatsoever, including statutory interest. Petitioner is entitled to a credit in the amount of $22,700.00 which was previously deposited in the registry of the Court in this case by Petitioner. 3. The parties will jointly submit to the Court for signature a mutually approved form of Stipulated Final Judgment of this matter as soon as practical hereafter. 4. Petitioner will pay Respondent(s) the balance due of $37,300.00 within thirty (30) days of the entry of the Stipulated Final Judgment by the Court. 5. This Agreement is subject to approval by the Board of County Commissioners of Collier County, Florida. 6. This Agreement contains all of the agreements of the parties. 1 T ,~, ~- kûZ¿ ROBERT P. BENDER, Pro Se 3561 7tb Ave. NW Naples, FL 34120-1611 Dated: /(p ~ d.co¥ l;;.~ L. ~ f:/~ DORIS L. BENDER, TRUSTEE, Pro Se 3561 7th Ave. NW Naples, FL 34120-1607 Dated: I b D~c. 0 c..¡ ~""7 ( STEPHEN BENDER, Pro Se 3775 7rh Ave. NW Naples, FL 34120-1611 Dated: Ire A1c ¡),oo"'¡ ~~.c&,,~ ARET BENDER, Pro Se 3775 7Th Ave. NW Naples, FL 34120-1611 Agenda Item No. 16K5 January 11, 2005 Page 6 of 6 ) A. KLATZKOW No. 0644625 F THE COUNTY AITORNEY Harmon umer Building 3301 Bas Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile AITORNEY FOR PETITIONER ~~ E GENE C. CALVERT Principal Project Manager OFFICE OF 1RANSPORTATION CONSTRUCTION MANAGEMENT 2685 Horseshoe Drive, Suite 212 Naples, Florida 34104 (239) 774-8192 - Telephone (239) 213-5885 - Facsimile ~ Y)AdoJr/ SAL GARDINO Certified Mediator 4888 Davis Blvd., #637 Naples, FL 34104 (239) 213-1227 - Telephone/Facsimilc 2 Agenda Item No. 16K6 January 11, 2005 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to authorize the making of an Offer of Judgment to Respondent, Mary Lou Adsit, Individually and as Trustee, for Parcel No. 181 in the amount of $224,400 in the lawsuit styled CoUier County v. Mary Lou Adsit, et aL~ Case No. 04-506-CA (Vanderbilt Beach Road Project 63051). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, Mary Lou Adsit, Individually and as Trustee of the Trust Agreement dated December 16, 1999 ("Respondenf'), in the amount of $224,400.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel No. 181 in Collier County v. Mary Lou Adsit, et ai., Case No. 04-506- CA. CONSIDERATIONS: On June 29, 2004, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 181 for the Vanderbilt Beach Road Project (project No. 63051). On July 15,2004, Collier County deposited with the Registry of the Court the sum of$149,600.00 for Parcel 181 in accordance with the Order of Taking. ..- The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $224,400.00 as full compensation for the property taken, including interest, any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees and other such costs. The making of the Offer of Judgment will require the Respondent to carefully assess her claims for compensation. Respondent will have thirty days from the date of mailing the offer to accept. If Respondent accepts, the County will be required to pay $74,800.00 to Respondent by Stipulated Final Judgment of the court. If Respondent rejects the offer, and fails to recover more than $224,400.00 for Parcel 181, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondent after the date of the offer's rejection. There are currently no attorney's fees or costs associated with this matter. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the tenns of the Offer of Judgment to be reasonable. FISCAL IMP ACT: Funds in the amount of $74,800.00 are available in the FY 05 adopted budget Source offunds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the tenns of the Offer of Judgment and authorize its service on Respondent; 2. Approve the expenditure of funds as stated, if the offer is accepted; - 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. PREPARED BY: Heidi F. Ashton, Assistant County Attorney Agenda Item No. 16K6 January 11, 2005 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K6 Meeting Date Recommendation to authorize the making of an Offer of Judgment pursuant to Section 73,032, Fla. Stat., to Respondent, Mary Lou Adsit, Individually and as Trustee of the Trust Agreement dated December 16, 1999 ("Respondent"), in the amount of $224,400,00, as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel No, 181 in Collier County v, Mary Lou Adsit, et aI., Case No, 04-506- CA, 1/11/20059:0000 AM Prepared By Date Heidi F. Ashton Assistant County Attorney 12122/200410:23:25 AM County Attorney County Attorney Office Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 12/2212004 11 : 17 AM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 12123120047:48 AM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 1212312004 10:32 AM Approved By Usa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 121231200411:35 AM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 12128120043:59 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 121301200410:27 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1213012004 10:54 AM 'r' Agenda Item No. 16K6 January 11,2005 Page 3 of 6 Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/30/2004 5:03 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1213112004 9: 16 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12131/20043:32 PM Agenda Item No. 16K6 January 11, 2005 Page 4 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 04-0506-CA Petitioner, Parcel No.: 181 vs. MARY LOU ADSIT, INDIVIDUALLY and as TRUSTEE OF THE TRUST AGREEMENT DATED DECEMBER 16,1999, et aI., Respondents. / OFFER OF JUDGMENT TO: Mary Lou Adsit, Individually / Trustee 12645 Ellsworth Rd. Baldwinsville, NY 13027 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondent, MARY LOU ADSIT, INDIVIDUALLY and as TRUSTEE OF THE TRUST AGREEMENT DATED DECEMBER 16, 1999 ("Respondent"), for all compensation, including severance damages, statutory interest, business damages, costs to cure, together with the valu~ of the taking, and any other claims of Respondent arising out of the taking of Parcel 181, in the total amount of Two Hundred Twenty-four Thousand Four Hundred and No/tOO Dollars ($224,400.00), for Parcel 181, which includes the amount of $149,600.00 which was deposited pursuant to the Order of Taking dated June 29, 2004. All compensation paid in accordance with this offer will be subject to the apportionment c1aims, if any, of the mortgage holder. 1 ~" I Agenda Item No. 16K6 January 11, 2005 Page 5 of 6 There are no other non-monetary terms or other relevant conditions to this offer except that this offer does include interest from the date of the Order of Taking but does not include attorney's fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be available for the Respondent's review upon reasonable notice of such a request. Dated this _ day of , 2004. OFFICE OF THE COUNTY ATIORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 A TIORNEY FOR PETITIONER 2 Agenda Item No. 16K6 January 11, 2005 Page 6 of 6 IN THE CIRCmT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 04-0506-CA Petitioner, Parcel No.: 181 vs. MARY LOU ADSIT, INDlVIDUALL Y and as TRUSTEE OF THE TRUST AGREEMENT DATED DECEMBER 16, 1999, et aI., Respondents. / NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT YOU ARE HEREBY NOTIFIED the Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, has served Petitioner's Offer of Judgment to the Respondent, MARY LOU ADSIT, INDIVIDUALLY and as TRUSTEE OF THE TRUST AGREEMENT DATED DECEMBER 16, 1999, as to Parce1181 in the above-styled cause. I HEREBY CERTIFY that a true and correct copy of this Notice and Offer of Judgment have been furnished via U.S. Mail to Mary Lou Adsit, 12645 Ellsworth Rd., Ba1dwinsville, NY 13027, and a copy of this Notice has been sent to those parties listed on the attached Service List on this _ day of January, 2005. OFFICE OF TIlE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: - HEIDIF. ASHTON, ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER -- r A"··~" , Agenda Item No. 16K7 January 11, 2005 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to authorize the making of an Offer of Judgment to Respondents, Patrick and Sharol Murphy for Parcel No. 185 in the amount of $49,600 in the lawsuit styled Collier County v. Patrick J. Murphy, et aL, Case No. 03-5270-CA (Vanderbilt Beach Road Project 63051). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondents, Patrick J. Murphy and Shaml Mwphy ("Respondent"), in the amount of $49,600.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel No. 185 in Collier County v. Patrick J. Murphy, et al., Case No. 03-5270-CA. CONSIDERATIONS: On June 4, 2004, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 185 for the Vanderbilt Beach Road Project (Project No. 63051). On June 17,2004, Collier County deposited with the Registry of the Court the sum of $19,600.00 for Parcel 185 in accordance with the Order of Taking. .~-" The Offer of Judgment, a copy of which is attached, offers the property owners the sum of $49,600.00 as full compensation for the property taken, including interest, any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees and other such costs. The making ofthe Offer of Judgment will require the Respondents to carefully assess their claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to pay $30,000.00 to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fails to recover more than $49,600.00 for Parcel 185, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. There are currently no attorney's fees or costs associated with this matter. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the tenns of the Offer of Judgment to be reasonable. FISCAL IMP ACT: Funds in the amount of $30,000.00 are available in the FY 05 adopted budget. Source offunds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the tenns of the Offer of Judgment and authorize its service on Respondents; 2. Approve the expenditure offunds as stated, if the offer is accepted; 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. ,,- PREPARED BY: Heidi F. Ashton, Assistant County Attorney Agenda Item No. 16K7 January 11, 2005 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K7 Meeting Date Recommendation to authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondents, Patrick J. Murphy and Sharol Murphy ("Respondent"). in the amount of $49,600.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel No 185 in Collier County v. Patrick J. Murphy, et aI., Case No. 03-5270-CAuthorize the making of an Offer of Judgment to Respondents, Patrick and Sharol Murphy for Parcel No. 185 in the amount of $49,600 in the lawsuit styled Collier County v. Patrick J. Murphy, et aI., Case No. 03-5270-CA (Vanderbilt Beach Road Project 63051). 1/11/20059:0000 AM Prepared By Date Heidi F. Ashton Assistant County Attorney 12/22/200410:48:30 AM County Attorney County Attorney Office Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 12/22/20041:25 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 12/23/20047:50 AM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 12/23/2004 10:37 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 12/23/2004 11 :36 AM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 12/28/20044:01 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 1 2/3012004 10: 29 AM Approved By r Agenda Item No. 16K7 January 11, 2005 Page 3 of 6 OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/30/2004 10:55 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/30/2004 5:06 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/31/20049:14 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/31/20045:07 PM Agenda Item No. 16K7 January 11, 2005 Page 4 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No. 03-5270-CA Petitioner, Parcel( s) 185 vs. PATRICK 1. MURPHY, et al., Respondents. / OFFER OF JUDGMENT TO: Patrick 1. Murphy Shaml A. Murphy 3755 7th Avenue NW Naples, FL 34120 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, PATRICK 1. MURPHY and SHAROL A. MURPHY ("Respondents"), for all compensation, including severance damages, statutory interest, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents arising out of the taking of Parcel 185, in the total amount of Forty-nine Thousand Six Hundred and No/tOO Dollars ($49,600.00), for Parcel 185, which includes the amount of $19,600.00 which was deposited pursuant to the Order of Taking dated June 4, 2004. This offer is being made jointly to Patrick 1. Murphy and Sharol Murphy, and can only be accepted by both Respondents. All compensation paid in accordance with this offer will be subject to the apportionment claims, if any, of the mortgage holder. 1 Agenda Item No. 16K7 January 11, 2005 Page 5 of 6 There are no other non-monetary tenns or other relevant conditions to this offer except that this offer does include interest from the date of the Order of Taking but does not include attorney's fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be available for the Respondents' review upon reasonable notice of such a request. Dated this _ day of January, 2005. OFFICE OF THE COUNTY ATIORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 A TIORNEY FOR PETITIONER 2 Agenda Item No. 16K7 January 11, 2005 Page 6 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No. 03-5270-CA Petitioner, Parcel(s) 185 vs. PATRlCK 1. MURPHY, et al., Respondents. I NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT YOU ARE HEREBY NOTIFIED the Petitioner, COLLIER COUNTY, FWRIDA, by and through its undersigned attorney, has served Petitioner's Offer of Judgment to the Respondents, PATRICK. J. MURPHY and SHAROL MURPHY, as to Parcel 185 in the above- styled cause. I HEREBY CERTIFY that a true and correct copy of this Offer of Judgment has been furnished via U.S. Mail to Patrick J. Murphy and Sharol Murphy, 3755 7th Avenue NW, Naples, FL 34120, and a copy of this Notice has been sent those parties listed on the attached Service List on this _ day of January, 2005. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER Agenda Item No. 16K8 January 11, 2005 Page 1 of 4 EXECU1TVESU~ARY Recommendation that the Board authorize an increase of Purchase Order No. 4500037900, Tinter & Assoc., Inc., expert witnesses and consultants for the County in the lawsuit entitled Collier County v. Wal-Mart Stores, Inc., et aL, (Immokalee Rd. Project 66042), for an amount not to exceed $75,000.00. OBJECTIVE: For the Board to authorize an increase of Purchase Order No. 4500037900, Tinter & Associates, Inc., expert witnesses and consultants for the County in the lawsuit entitled Collier County v. Wal-Mart Stores, Inc., et aI., Case No. 04-3632-CA (Immokalee Rd. Project 66042), for an amount not to exceed $75,000.00. CONSIDERATIONS: On July 22, 2004 the above referenced eminent domain action was filed for the acquisition of property for the Immolcalee Rd. Project 66042 (U.S. 41 to 1-75). On September 16, 2004, Collier County received from Respondent, Wal-Mart Stores, Inc., a business damage claim in the amount of $5,890,000.00. The County deemed it necessary to employ the use of a traffic engineer to serve as a consultant to aid in the County's response to Respondent's Business Damage Claim and as an expert witness on the issues of the business damage claim and full compensation. On November 2, 2004, Purchase Order No. 4500037900 was opened for the engineering finn of Tinter & Associates, Inc., for an amount up to $15,000.00. On December 17, 2004, the purchase order was increased for an amount up to $25,000.00, however, due to the extensive amount of work required to properly address a claim of this magnitude and the possibility of trial preparation, a further increase is necessary and cannot be processed without the Board's approval. Tinter & Associates, Inc. estimates that pre-trial costs could total an additional $15,000.00, and 1rial attendance and preparation could total $35,000.00. Based on this infonnation, staff recommends that the purchase order be increased by $50,000.00, to an amount not to exceed $75,000.00. The County Attorney's Office has reviewed the cost estimates provided by Tinter & Associates, Inc., and considers the services to be consistent with the market rate and a necessary expense. FISCAL IMP ACT: Funds in the amount of $50,000.00 are available in the FY 05 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: 1, 2. ,--- 3. To authorize the increase of Purchase Order No. 4500037900, Tinter & Associates, Inc., to an amount not to exceed $75,000.00; Approve the expenditure of funds as stated; Direct staff to revise Purchase Order No. 4500037900 to reflect an increase to an amount not to exceed $75,000.00. PREPARED BY: Heidi F. Ashton, Assistant County Attorney Agenda Item No. 16K8 January 11, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K8 Recommendatíon that the Board authoríze an increase of Purchase Order No. 4500037900. Tínter & Assoc., Inc.. expert witnesses and consultants for the County in the lawsuit entitled Collíer County v. Wal-Mart Stores, Inc.. et aI., (Immokalee Rd. Project 66042). for an amount not to exceed $75.000.00. 1/11/20059:0000 AM Meeting Date Prepared By Date Heidi F. Ashton Assistant County Attorney 12/28/2004 3: 52:09 PM County Attorney County Attorney Office Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 12/28/20044:03 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 12/29/20047:32 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 12/29/2004 10:20 AM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 12/30/2004 11 :36 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 12/30/2004 11 :45 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/30f2004 12:43 PM Approved By Susan Usher Senior ManagementfBudget Analyst Date County Manager's Office Office of Management & Budget 12f30f2004 5:25 PM Approved By Agenda Item No. 16K8 January 11, 2005 Page 3 of 4 Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/31/200410:52 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/31120045:10 PM TINTER ASSOCIATES. INC. HOURLY RATES Yves S. d'Anjou, P.E. Vice President $150.00 / hour 1. Suzanne Danielson, P.E. Principal Traffic $150.00 / hour Engineer Dennis 1. Miller Senior Assoc. $125.00 / hour Paul Behrenberg Senior Transportation $115.00 / hour Technician Graham Oliver CADD Operator $90.00 / hour Agenda Item No. 16K8 January 11, 2005 Page 4 of 4 . *The cost for any additional overhead or additional expenses, such as preparation of exhibits, will be mutually agreed upon prior to the perfonnance of such services. .,_... Agenda Item No. 16K9 January 11, 2005 Page 1 of 3 EXECUTfVES~Y Recommendation to approve the Settlement prior to hearing on Collier County's Motion for Final Summary Judgment in the lawsuit styled: Canger v. Collier County, Case No. 02-2300-CA-HDH -CA. Total settlement of $4,000. OBJECTIVE: That the Board of County Commissioners approve the Settlement in the lawsuit styled Canger v. Collier County, now pending in the 20th Judicial Circuit in and for Collier County, Case No. 02-2300-CA-HDH-CA, pursuant to which the County would pay $4,000 and all claims against the County would be dismissed with prejudice. Said $4,000 was arrived at prior to the Court hearing the County's Motion for Final Summary Judgment. CONSIDERATIONS: On November 21,2001, plaintiff filed a Notice of Claim alleging that she became ill as a result of working in the old courthouse building (Building "A") due to "significant and substantial amounts of airborne contaminants; which resulted in: extremely poorly indoor air quality, causing Ms. Canger to become severely ill." Said claim accrued during and after her occupancy of Building "A." On June 1 l, 2002, plaintiff filed her Complaint against the County and, on August 9, 2002, plaintiff filed her Amended Complaint. In substance, the allegations were that the County -- used Building A as a courthouse prior 1993 and ceased using same due to the fact that employees and visitors complained of and suffered from contact with airborne contaminants. In 1993, the County leased Building A to the Sheriff and plaintiff began working in building A in 1993. Plaintiff moved out of the building in August 1998. From 1993 until 1998 plaintiff began to and continued to suffer from chronic sinusitis and other illnesses. These conditions are permanent and substantial in nature. On August 16, 2002, the County filed its Answer to the Complaint and alleged, among other things, that the plaintiff failed to comply with the conditions precedent to bringing this lawsuit. More specifically, the County took the position that plaintiff failed to file timely notice within three years of the occurrence of her injuries and failed to file her Complaint within four years of her injuries. In opposition thereto, plaintiff claims that her injuries evolved over time and that she timely filed her appropriate notices and Complaint. Discovery has disclosed that plaintiff has substantial sinus damage and that she will need to undergo sinus surgery every two years. She has acute sinusitis, acute rhinitis, sinus headaches, and sensitive skin. Plaintiff was also required to use all of her sick time and vacation time because of her medical problems. The former Board of County Commissioners was aware that the judges moved out of Building A in the mid-1980's because jurors were becoming ill. In fact, the former Board acknowledges in 1998-99 that Building A should be demolished. The Board's own expert acknowledged that there were contaminants in the building. c_ I Agenda Item No. 16K9 January 11, 2005 Page 2 of 3 Plaintiff filed a Proposal of Settlement in the amount of $100,000.00 and the County filed a Proposal of Settlement in the amount of $1,500.00. Subsequent to this, the County filed and has presently pending a Motion for Final Summary Judgment brought on the basis that plaintiff failed to timely give notice and failed to timely file her Complaint. Plaintiff opposes this Motion on the basis that the exact date of determining her cause of action is not a determinable as it was as a result of ongoing exposure and not just one given day. Prior to the February 14, 2005,hearing on the County's Motion, a proposed resolution of the matter by way ofpaying the Plaintiff the sum of $4,000.00 was arrived at between counsel. ..,..", Based upon the fact that: the plaintiff's injuries are demonstrable and permanent; the building was contaminated and ostensibly posed a risk; the nature of her serious injuries: and, when she should have known that the building was the cause of her injuries is open to factual dispute since there was not one specific traumatic event which triggered her problems; and, that plaintiff has incurred substantial medical bills over the years, the $4,000.00 settlement is reasonable under all of the circumstances. This is especially so in light of the fact that, if the County were to lose its Motion for Final Summary Judgment, the County would then have to proceed to trial since denial of its Motion would be interlocutory (not final) in nature and an appellate court would be reluctant to hear an appeal prior to the matter being fully tried before a jury. If this matter were to proceed to trial, the County would incur expert fees with regards to the actual dangers the building posed somewhere between $7,500.00 and $15,000.00. This would not include the fees of the appropriate medical physicians in reviewing the plaintiff's medical damages. The fees for the medical experts for the County would be somewhere between $3,500.00 and $7000.00. Thus, a pre-hearing settlement of $4,000.00 is reasonable under all of the circumstances presented. Based on the passage of time, a settlement of this lawsuit in no way enables others to file similar claims. FISCAL IMPACT: The settlement offer recommended by Staff amounts to $4,000. Funds are budgeted and available in the Risk Management Property and Casualty Fund. The settlement will result in a substantial savings of pre-litigation and litigation costs as well as the probability of a much higher jury award. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners approve the settlement with the principal terms set forth in the executive summary and authorize the Chairman of the Board of County Commissioners to execute all necessary documents. 2 Agenda Item No. 16K9 January 11, 2005 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K9 Meeting Date Recommendation to approve the Settlement prior to hearing on Collier County's Motion for Final Summary Judgment in the lawsuit styled Canger v Collier County, Case No. 02-2300- CA-HDH -CA. Total settlement of $4,000c 1/11/20059:00:00 AM Approved By Jeffrey A. Walker, CPCU, ARM Risk Management Director Date Administrative Services Risk Management 12/30/2004 12:01 PM Approved By William Mountford Assistant County Attorney Date County Attorney County Attorney Office 12/30/200412:05 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 12130/200412:06 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12130/200412:55 PM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 12/30/2004 2: 13 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/31/200410:51 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/31120043: 19 PM ......-"'-----.,"">< EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners Approve the Waiver of the Application of Resolution No. 98-498 in Connection With Recent Public Records Requests Received From the Sheriff Provided That the Sheriff Also Imposes No Charges With Respect to Recent Public Records Requests Sent to His Agency by County Staff. OBJECTIVE: Recommendation that the Board of County Commissioners approve the waiver of charges and costs to the Sheriff under Resolution No. 98-498 in connection with recent public records requests received from the Sheriff provided that the Sheriff also imposes no charges and costs with respect to recent public records requests sent to his agency by County staff. CONSIDERATIONS: Board Resolution No. 98-498 provides a mechanism pursuant to which the County may in accordance with the Florida Public Records Act charge both for copies and for extensive use of clerical and technological resources in responding to public records requests. Since November 30, 2004, the Sheriff has made three public records requests to the County Manager. Since October, the County Manager has made several public records requests to the Sheriff. The Sheriffs in-house counsel questioned the need for charges for copies and any extensive use of clerical or technological resources to respond to these requests. After consideration by the Office of the County Attorney and with the acquiescence of the County Manager, it would appear reasonable that neither the County nor the Sheriff charge the other agency for copies or resources expended in responding to the respective public records requests. FISCAL IMPACT: Under Board Resolution No. 98-498, the Board has directed County staff to charge 15 cents for single sided copies, 20 cents for double sided copies and actual costs of any other copying in connection with public records requests. In addition, after one hour of searching and reviewing for exemptions, the Board has authorized staff to charge for use of clerical and technological resources in responding to a public records request. This charge must be reasonably tailored to the actual cost of the clerical and technological resources expended. At this time, it is unknown what the total charge of any copies and resources expended responding to the Sheriffs requests will be. Nevertheless, it is noted that because public records requests have also been directed to the Sheriff, the Sheriff is also lawfully entitled to impose such charges on the County. It is also noted that the ultimate source of fimds to pay charges by both agencies is generally the same. [copy of County Policy - Resolution 98-498 attached] GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board authorize waiver of application of Resolution 98-498, eliminating potential charges and costs to the Sheriff in connection with recent public records requests received from the Sheriff, provided that the Sheriff imposes no charges upon the County for its public records requests. Prepared by: Michael W. Pettit, Chief Assistant County Attorney A AGENDA ITEM NO. {q K to JAN 1 1 2005 Pg.--L ccc~_._.___ , - ~ ~ RESOLUTION NO. 98- .liL RESOLUTION ESTABLISIlING'A UNIFORM COUNTY POLICY IMPOSING FEES FOR THE INSPECTION, EXAMINATION AND DUPLICATION OF PUBLIC RECORDS PURSUANT TO SECTION 119.07, FLORIDA STATUTES. " WHEREAS, Section 119.07(1), Florida Statutes, authorizes the custodian of public records to charge a fee for copying public records provided upon request; and WHEREAS, Section 119.07(1)(b), Florida Statutes, allows for the imposition of a special service charge for public records requests which require extensive use of clerical or supervisory labor; and WHEREAS, The Board of County Commissioners has determined that a policy should be created establishing the allowable copying fees and defining what is extensive use of clerical or supervisory labor; and WHEREAS. The Board of County Commissioners has determined that such a policy is necessary in order to create uniformity in application of those fees and to guide staff in determining when imposition of such fees is acceptable and appropriate (legally sufficient); and WHEREAS, The Board of County Commissioners has found that it is within the public's best interest for the County to impose such a fee in order to cover the actual cost of duplication and to cover the actual cost of extensive clerical or supervisory time required to respond to a public records request. NOW. THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Staffshall charge the following fees for duplication of public records: A. 15 cents per one-sided copy which is 14 inches by 8 1/2 inches or less. B. an additional 5 cents for each two-sided duplicated copy. C. $1.00 per copy for a certified copy of a public record. D. The actual cost of duplication for all other copies. "Actual cost of duplication" is defined in §119.07(1), Florida Statutes, as, "the cost of the material and supplies used to dup1icate the record," but it does not include the labor cost and overhead cost associated with such duplication. Staff may, however, charge for the reasonable labor and overhead costs associated with copying county maps or aerial photographs supplied by c.0un!y constitutional officers. AGENDA ITEM NO. Iw t< 10 JAN 1 1 2005 2- Pg.- · ," .. ~ -:. 2. If the nature or volume of public records requested to be inspected, examined, or copied is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the County office, department or agency involved, or both, the office, department or agency shall charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both. "Information technology resources" shall have the same meaning as in Section 282.303(13), Florida Statutes. "Extensive use" shall be defined as requiring more than an hour of clerical or supervisory time to locate, review for confidential information, copy and refile the requested material. Time incurred shall be based upon the nature or volume of the request and not solely by the location of the requested documents. 3. This Resolution applies to all offices, agencies and departments authorized and organized as Collier County government of the Board of Collier COUllty Commissioners 4. This Resolution shall be effective and implemented as of the date of adoption. This Resolution adopted this \S~day ~c..f...b / ,1998, after motion, second and majority vote in favor of adoption. BOARD OF COUNTY COMMISSIQNERS OF COLLIER COUNTY, FLO IDA By: :: :.; Deputy Clerk < . . . ~ ·'Attt:sf as to Ch!f rmm' s ? .... /sfgu!lture ('111.v.; I" r '. .' '.,' Ç; '<. '. : .. '/j, .¡ ~ ·c~ ~ .....,,:... Approved as to form and legal sufficiency: )a... ;,,11 Yh,~ tJ David C. Weigel County Attorney h:publicIMeli...lResolutio"'¡public records re.. 2 AGENDA ITEM NO. liD k IQ JAN 1 1 2005 Pg. 3 ... c 1 Agenda Item No. 17 A January 11, 2005 Page 1 of 29 Sheet 1 of 1 AVPLAT2004-AJl6660 EXECUTIVES~Y Recommendation to approve Petition A VPLA T2004-AR6660 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 25 foot wide utility and drainage easement located along the front of Lot 5, according to the plat of "Bayfront Gardens" as recorded in Plat Book 14, Pages 114 through 117, Public Records of Collier County, Florida, located in Section 6, Township 48 South, Range 25 East. OBJECTIVE: To adopt a Resolution to vacate a portion of the 25 foot wide utility and drainage easement located along the front of Lot 5, according to the plat of "Bayfront Gardens." CONSIDERATIONS: Petition AVPLAT2004-AR6660 has been received by the Engineering Services Department from Greg Jeppesen from Jeppesen Engineering Corp., as agent for the petititioners, Michael E. and Janine A. Knapp, requesting the vacation of a portion of the 25 foot wide utility and drainage easement located along the front oflot 5. A portion of the drainage easement is being requested to be vacated because the petitioners have constructed concrete steps in the front of their house which encroaches into the 25 foot wide utility and drainage easement. Letters of no objection have been received from Collier County Engineering Services Department, Collier County Public Utilities Division, FPL, Sprint and Comcast. The plat dedicates the 25 foot wide utility and drainage easement to Bayfront Gardens Homeowners Association, Inc. but that entity no longer exists. FISCAL IMPACT: The Department of Zoning and Land Development Review has collected a $1,000 "Petition to Vacate" fee from the petitioners which covers the County's cost of advertising, recording and processing the petition. GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: Recommendation to: 1. Adopt the Resolution for Petition A VPLA T2oo4-AR6660 for the vacation of a portion of the 25 foot wide utility and drainage easement along the front of Lot 5, "Bayfront Gardens"; and 2. Authorize the execution of the Resolution by the Chairman of the Board of County Commissioners and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARE» BY: Rick Grigg, Land Surveyor, Engineering Services Department. c r "c,,,_,,cc,,..c_c_m _.,,,c._ Agønda l1ørr. No. 17.A. January o¡ 1 , 2005 Page 2 of 29 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 17A This rtem require!ì thaI all partidpant5. be swom in and Ex Parte DiscloSlIrE' he pravidecd by Commission members Recommenda.tion tc! Approve Petition AVPLAT2004~.AR6660 to discllllm. rcnoun,:.e ,md vacute the County's and the Public's inlerf:s.t in .. portion of the 25 fool Wirlfl utiiny and dr<1inage ensernent h1cBted aiorlg the front of Lot. 5, acc..orrling (0 the plat of -Bayfront Gardens" a5 rer:orr.led ill Plat Book 14, Pages 114 through ~17. Public RecNds ,.)j Collier Coul1ly, Fiw·ida. ioeated in Section 6, Township 48 South Rang!': 25 Ea.s;t Meeting Date 1r1 '112005 9:00',00 AM Approved By Thomas E, Ku¡;k, P.E CDES Engineering Services Du·ectol Da1e Community D(!\{r.:joplnetJ! & Environmantal Snrvic.er> CDES Engineering S!!'rvic~8 ~ 2/3;2004 10:25 AM Approved By Constance A, Johnson OperJtions Analyst Date Cornrnumty OI!\I~I"f..mum1 & Environmental ServiC(l$ Corrununif~· O~v~loprnetlt &. Environn1(mt;11 Servic(t$ Admin 12ífi/20D4 9:D6 AI\~ Approved By Sandra loa Executive SR:cr(ltary Date Community Development & E-nv¡mnm~nt.ll 5fHvÌ<.':efi Community De'/elopment & f.n\ltronmp.-ntal Sl!1"vk~ : Admin. 12/6/20049:52 AM Approved By JD!;C'ph K. Schmitt COfnmunJ1y Dl!!vdoþml!\nt & En'tlironmental Scrvil:"ot:!> Admiflß'trßllor Date CDnlnlUnjty O\!'vel(Jprnent & EnvirDnmental Service.os r:orrJmunity O~"ej"pme"t &. En\:ironmContal Servic(!$ Admin 12ni2004 S:H PM Appro\led By 011.18 CDDrdina1cH Administrative Auistant Date CDunty ManõllQl:!t'$1 OUice Office 01 Mlmagemen1 & aUdge1 12!21!20{.l4-~:01 PM Appro\led By M~rk 11f.ackson t:h.n:lge1 Analyst Dat, Counly Manager'$ Officn Officu of Mf'll1ag<'!'ml!'n1 & RurJget 1211.2f200411 :46 AM Approved By Michael Smyi;ow$.ki Management" Budget Director Date Cmmty M;mnger'!ò OH¡c:~ ONic:~ of Mõilnilgemen1'& Budg(!t 1112212'0043:23 PM Approved By Jame$ V. Mudd CClU,,1y ManaÇ!N nntf! Board 01 County Comnll!!-f¡jol1ers County M.HI;/Ig~'·!i Offi¡;1! 12.1211120['4 3~4J PM . r ~. ~ Agenda Item No. 17 A January 11, 2005 Page 3 of 29 RESOLUTION NO. 2005- RECOMMENDATION TO APPROVE PETITION A VPLAT2004-AR6660 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 25 FOOT WIDE UTILITY AND DRAINAGE EASEMENT LOCATED ALONG THE FRONT OF LOT 5, ACCORDING TO THE PLAT OF "BA YFRONT GARDENS" AS RECORDED IN PLAT BOOK 14, PAGES 114 THROUGH 117, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Greg Jeppesen from Jeppesen Engineering Corp., as agent for the petititioners, Micbael E. and Janine A. Knapp, does bereby request tbe vacation of a portion of the 25 foot wide utility and drainage easement located along tbe ITont of Lot 5, according to the plat of "Bayfront Gardens" as recorded in Plat Book 14, Pages 114 through 117, Public Records of Collier County, Florida; and WHEREAS, tbe Board has this day held a public bearing to consider vacating a portion of the 25 foot wide utility and drainage easement located along the ITont of Lot 5, according to tbe plat of "Bayfront Gardens," as more fully described below, and notice of said public bearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the 25 foot wide utility and drainage easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. Page 1 of2 Agenda Item No. 17A January 11, 2005 Page 4 of 29 This Resolution is adopted this day of ,2005, after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Chainnan Approved as to fonn and legal sufficiency: Jennifer A. Belpedio Assistant County Attorney Page 2 of2 "r" Agenda Item No. 17 A Page 5 of 29 PROPERTY DESCRIPTION All that part of a 25 foot wide ublity and drainage easement lying over and across the southwesterly 25 feel of LOT 5 SA YFRONT GARDENS according 10 the Plat thereof as recorded in Plat Book 14 at pages 114 through 117, inclusive, pubrlC Records of Collier County, Florida more partiaJlarfy described as follows: ' Commencing at the Southeasterly comer of said LOT 5, thence North 48~'27" East, along the easterly flOe of said LOT 5, a distance of 25.00 feet, to the northerly line of said 25 foot wide utility and drainage easement; thence North 41°2T33" Wes~ along said northerfy line, a distance of 18.15 feet, to the intersection with an existing concrete wal and the POINT OF BEGINNING of the herein desaibed land; thence South 48"32'27" West, leaving said northerly line and along said concrete wall, a distance of 4.56 feet; thence North 41°23'56" West, stiI along said concrete waR a distance of 23.55 feet; thence North 48"32'27" East, still along said concrete wall, a distance of 4.54 feet, to said northet1y line; thence South ' 41°27'33" East, along said northerly line, a distance of 23.55 feet to the POINT OF BEGINNING; Subject to easements, rights-of-way and/or reservations of record, if any. ~~ ~~~ ~ <~). ~ "'-(~~ "'~ ~~C'r ~ ð~ ~ .... ~Q<S).'O~¡P~ 'o~ ~~ ~)-~ EXISTING RESIDENCE r 10 5 0 10 GRAPHIC SCAlE IN FEET EXHIBIT "A" SHEET I OF I A VPLA TI004-AR6660 POINT OF BEGINNING ....~ ....~. " ~<G. LOT 6 ct.'); 1>~ ~~ Id l1 L2 LINE TABLE Bearing S 48°32'27" W S 48°32'27" W Distance 4.56' 4.54' o POINT OF COMMENCEMENT SOUTHEASTERLY CORNER OF LOT 5 BAYFRONT GARDENS t5 IRON ROD WVM 3867 CAP FOUND SURVEYORS CERTIFICATIONS I HEREBY CERTIFY that the SKETCH AND DESCRIPTION shown hereon was conducted under my direct supervision on July 3, 2004, that this document is not a BOUNDARY SURVEY, and that said SKETCH AND DESCRIPTION meets the miniumn technical standards as set forth by the Ronda Board of Land SuJVeyOl'S In Chapter 61G17 Florida Administrative Code, pursuant to Section 72.~FIorida Staiutes. DoIeofSig-';/ 0?~ By. . ç; This certification is not varKl Steven Sandy PlS untess sealed with the embossed Professional Land Surveyor No. seal and signed with the original Uœnsed Buisness No. 6746 SIJveyOrs slgnatlR. REVISED: NJA FIELD: T. COlE DRAWN: S. SANDY APPROVED: S.SANDY SANDY LAND SURVEYING ANó:MAPPING, INC. SURVEYING PLATTING M'APPING<' 9331 TAMIAMI TRAIL NORTH SUITE NO. 24 NAPLES FLORIDA, 34108 TEL (239) 597-1022 FAX. (239) 597-1035 DATE: 07-03-04 SÇALE 1"= 10' SHEEn OF 1 DRNð. 00-025E · (THU) AUG 26 2004 'II Atblel"Deat -B" 9:26/ST. 9:21/No.66R012840ï P 2 Agenda rtem No, 17 A January 11, 2005 Page 6 of 29 FROM IDYlL CONSTRUCTION. INC. PETITION FORM FOR VACATION OF PLATS OR PORTIONS t OF PLATS OF SUBDIVIDED LAND qV PLAT 2004 - 1=112::. ¿oCoCoO Date Rwelvecl: ~~,-. l!3 ?~ Petition if: ' PetitiDller: 'M~(..\uf..\ ~.. t':",,,,p t. :Ta....'f'le.. 1+. J(""lIfP AdcI_:~ B.r~ T,... Ci1ylStat;;:pj( +ø",-) ~ A¡eDt: b't'"'ts :rerPl~) ~~,p~J~ GhJ,'Nh1t~ ~rp. Addnp: 5"""1 z.. .s-b--"1oV1 c..i-.} S",.. ~ 'Z. Telephoae: S"9þ - ZIt, h CitylSta.: 1'I'.., e.J J j::¡,.. Zip Code: '1<,'///1 Addre.. of Subject Property: Z. 'IO g4""~ ~or fl.e."v-. «'ud. Loe.tìoa: SectiOD c., TOWD.bip '11 RaDge 1-.1' Subdivi!lioD: Ik'yto..+ 6ç.,.4..j. Legal Detcriptioa: Lot r' Block Vait Plat Book /f' Pqe(.) //y-# 7 ReltOD for RI4J.ett: .f...b.t .rotAi,.. ehc.....'.cJ..n-....-r C.rrent Zoaiq:_f1Jj) Does this affect d....itr? T".p~oDe: - Zip Code: tI($"ft'..r9 I bereby authorize AlRt above to repreøeat me lor t~ts p.titioD: /j1~"r \.Q,f,U¡,¡fÜ~Jftr) Slpaftlíe of.P tioaer A, fnk.j,lie / E. /(,¡w / Tt;nÚle .h. KÞtørfl¡' PriDtN.me I . ho ~Yea ONo , ~ff. CL~ (Tide) PIea.e ace '.PoIicy aD' Prvcedul'1I for tlte Vacation and A..DDllmut of Pia'" or Porttoas ofPlatl of S.bdivlded Lud"' far th.lilt ot.upportit'. matertals whiclt must ac:eompal1Y thil petitlOD, &lid deliver or man to: _,_ CommuDity Denlop.eat " Eaviro..,..raI Services DMIiOD PlaliDiar Services DepartD1emt 2800 :"Jordl Hon....oe Dr. NapJes. Florida 34104 (1) If applicant is alud tru.t, indIcate fII. name 01 bel1elidariea. (2) UappUnDt is . corporatioD other tban a p.blk corpontioll, indicate tile aame of omcers utd l8a¡or .tcK:kboldcn. (3) IfappUca.t ba partDenbip,l1Jntt.d panael"lbJp or other bum... .atity, iDdleate die Dame or principals. (4) List.U odin owa.en. Attachment ''B'' Pagc 4 of 4 ~... ooac 13~~3S~' dH W~8.:0t OOOZ sa ~n~ "~-:ri";".' _ .... J.oo,.,.~_..::.....,.. I .-. Agenda Item No. 17 A January 11, 2005 Page 7 of 29 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 520024 Date 10/18/2004 3:08:14 PM Post Date 10/16/2004 Nbr Appl Name: JEPPESEN ENGINEERING CORP Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: GREG JEPPESEN, PE 5672 STRAND CT SUITE 2 NAPLES FL 34110 Proj Name: KNAPP, MICHAEL AND JANINE Type: RSF T AZ: 1 Subdiv Nbr: 164 Project Nbr: 2003070003 Payor: IDYLL CONST Fee Information GL Account 13113632632910000000 Total Amount Waivad $1000.00 _~10QO.00 Payments Total Paid Amount $1000.00 $0.001 $1000.00 $1000.00 I Pa ant Code ,CHECK Account/Check Number 3946 Total Cash Total Non-Cash Memo: Cashier/location: LEVYMIKE / 1 User: WILLOUGHBY_C Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed: 10/18/2004 3:08:38 PM , '1-:. ':,", -, ...:;.... - ...~. . ,.' 1i; 0.: ' ... .,..... bJ'" JbIII&rtrt jo; \:; :..'. DD1Ø. L. ~ ~~~i; .:' . " ....... 'rJ'J:L1I usocn:øs. nee. .....f';: -"... '.' IUS JIoÞitA 8e&cb aø.cr. StG 3: :? ,.., "8aaia ~bp, PJ.. 3413'" ~~: ,=:=~:- Pi1. Ifo. :98SOt -' ; .. . . .( 1" ..' 1 I '" . 1 . .- . - .. A , . . ~::.. .- .-:;..:;'¡;,:..¿~,......' ,,;..- Agenda Hem NO.17A ,. January 11, 2005 Page 8 of 29 . .tt 2351764 . 01: 2450 PG: 1571 ... II ønew. _If CIWII ~ "1121St It. ,,:U ... .. IMCI, CSIII . t , alii ßI'ioI lie III I .-.1t1Qt Ida: nama mY.... JKS .... D n aam ømcI n. Hm WARRANTY DEED mIS ~. ..œ t1ûa 3111t clay of .1u1y , A,D. 19t1 bet1llP.ft I'IDØl CXl()K uc! BR"i."S'Y OJOC, ØWI~.-nd Wife. ... Ik.Rtó~. ~ .&cScb:'ea. 1., 1310 IUgllcAy 1272. 1'%~. _~ f2'US ao4 MIC2I1\8L B, 1aIØP IInd JAHØ'If A. 1IÞ.Þ"1, 1Iwtb....ð aDd VUe 6IiI 1Innt...... .mo.ft .;¡Qdr~. lc s ne9 8e2::Yl \"n.il. ('_to~i11o. ObSo .$C59 IfrJ:rIlSRDh 'l'WIt: the Gru.t:oø. fOt: &DC1 I'D o=.1ðerat£ara of U. __ of 'R& .lJID 110/100 tIOLLJd1S ($10.(10) ADd otb&r va1uabJe c:oa.eiðeaticu. ';0 Hte: gøntOØ :t.'O tM..t~ pd4 bJ' IM14 gn.4t.e!ðc. ~ %ece~pt ~f 111 bentby .claKrd.~. ..... grllØted. ~ ød .-014 to thtll grllDt~ 8Ød graD'!:.... bein fonve:1:' ebtt fQUCM1Dgðe~ 1.- lc:.c:ated. .b s:;bø COUIIty of collier. State of Plod.. to-vb:: Lot 5, M..Y'JRCJIIT GNr.::BiIS, . ~"I1tJ.f.CIII ac:com.t:ag t~ t:1\C plat or aap tbereof deec:ribed isa Offic:tal ÞCœ1I. ~ 1505. at ~(.) 14., of ~ ll'u!alic ~ of Col1~ Ccn:mt)'. nœi.ða. ~~... TaK m" 1 I t 230H00058O ~ Oft) ".L L..t.8, ...br1œJ.oaI: .. ~tioaa of zeooaI. it' ~. GIll ..... lair: U.. ~ ~.t ,..... IkWI ~ doew berdly l!u.Uy ~ die df:le 1;0 IIai4 1aD4. aad td11 t.lefead tha ..... Jl9ld.ut: tJae 1awful ~ of all pezwoIUI ~r:. ~i....'.,.. lIDS ~ ~ 1a~t.. ." ~ :cequb... ø' ~Cæ ","l'u..:IP. Graato1:'" ~ aet gr.m:o.:1a hSDd e.i eeal IIZIII! ye.;¡= U,c4lt ~ ~C:1:.eD, trl~.___ --~, ~~q, ÞaWeu~~. . i". ,,11 ~.... ~t! ~ ..... - ... -, m~h_ ",,,;;;¡;;;J øc.U:e of. J:eat:u=Jc:v CIJormtr o~ tœ day ,,-~~ nJIIÐa COOE ~~L .,... _~ÚJg ~ IIIU adi::Do1t1.er:lge4 bafon De 011 ~ 31at day of JD1y, u...,. J'ØI«8' COO1t &ad BS1"n:" ~ BuabIaId aDII .1£., WJæ I. !III!z!p I:dlle OZ" IIbo .... pr;o¡taced .. ideDUf:lcac:1oa &GIS did _ t:'" _ oat:.h. f)___ t'l ~'-~ , «1.{)0) !,-ON ......0_ .N 0 o -0) Z~aJ E >001 aJ~CI1 ..... (Ij 0.. -::¡ roc -oro c-, aJ OJ « ~ <t E:: VI I- 22 WH E:: VJ VJ':": WO VI VJ <t cc E:W WlL. ~ o -.J2 <tH > A':": <t...=l 2 o Z2 <t A'J Z <{ Z VJH W X <(,:..: I-ru E: W ~V OW -.JA <t > 2 AH <t lL.':": OfTl W V H> 1-0 02 2 >-2 I-H 2 ::J 0':": U~ ~ W HA ....JW ....J2 00:: U<t W fTl 01- 02 ru:::J o U VJ H A ~ CD $Ø ~~ ~9 ¡:;fi!1E " ""aG..o... Mt~....I"'" CI U)C 1.1.15:00 zP.ia.:a::: ~::::J~~i:It¡¡¡:!I~ ;B~~u~~æg ... Ie 9ru~...=I CJ~O ...=I ~ ru ru I:(] ~ ..D U1 I:(] 5;! . . . fTlOI:(] ~U1~ ..D U1fTlru ...=IfTlCJ ..D ..DU1..D UlfT11'- fTl ...=I I:(] ..JI ..D f'Tl ,.. I:(]ë; ..... 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I'- ITl ..D ~ ..J > C/O a:c ¡ "'a: ... !!i... !~~;¡~ =c!:ë:Ea: ~:¡¡:l:8~ :II ... a: i c c Ž: CI :0: I:(] ::r ~ ru ,...::! f'Tl ...=I a: It ~ a: ::r ~ ,...:¡ 0 I- ru u f'Tl W o ....J ,.. -.J I:(] 0 v X <t f- [J f'Tl0 0'2 ........,...:¡O O"":¡f- f'Tl0-.J ..........JI~ ,...:¡r-oer ...=I U "..J A# HU>- <t W ::J a.~~ -' ¡! c ..... 53 z ¡¡; ::E CI ... ...=I q) ..JI ..JI ITl ,.. a: ~~ .~~ .. -';2 ~CI ¡~ 0; ::r CJ o CJ o CJ o o CJ CJ CJ CJ o o o o ...=I I:(] ..D ..D fTl I:(] o o o CJ CJ CJ Ul o o o U"I 0- CJ ITl ru o o o o CJ :..~ Agenda Item No. 17A January 11, 2005 Page 10 of 29 ,...... - L4KE 3 DP..AWACoE EA.$ø..4EtJT 66 54 õ:I ~ '-"---' ~__.~.2 ' LITTLE HI Cf.;ORY BAY J...j J+ of A--", w.H.i" - ŒJ -" ~ - .... ~'. :', :' . : [W ( .- -- Current Ownership Folio No.1123095000403 MAA U Property Address 226 BAREFOOT BEACH BLVD Owner Namell LOTS 3&4 BAYFRONT GARDENS LLC Addresses 27320 HICKORY BLVD Cltyl BONITA SPRINGS State FL Legalll BAYFRONT GARDENS LOT 4 Agenda ftem No. 17 A January 11, 2005 Page (ý29 Zip 134134 - 8407 Section Township Range Acres 06 48 25 ° Sub No. 180400 I BA YFRONT GARDENS -1J Use Code 1 SINGLE FAMILY RESIDENTIAL Map No. 3A06 Strap No. 180400 43A06 -1J Milmge Area 3 "t M.Il-'ªgt 13.1244 2004 Preliminary Tax Roll Values Latest Sales History Land Value $ 750,000.00 I Date II Book - Page 11 Amount I (+) Improved Value $ 372,646.00 I r 08 I 2004 II 3620 - 300 -n $ 2,000,000.00 I (=) Market Value $ 1,122,646.00 I 0711995 Ii ZOLIì - 2031 :1 $ 640,000.00 : (-) SOH Exempt Value $ 537,792.00 I 02/1993 I ~980 $0.00 (=) Assessed Value $ 584,854.00 (-) Homestead and other Exempt Value $ 25,000.00 (=) Taxable Value $ 559,854.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. , -- . , The Information is Updated Weekly. .- Agenda Item N~ January 11 2 Page 1 I11III Current Ownership Folio No.1123095000807 M.w B Property Addressll232 BAREFOOT BEACH BLVD Owner Name O'REillY, JAMES l=& TERESA S Addresses 16128 86TH ST City HOWARD BEACH II Statell NY n Zipll11414 - 3327 legalll BAYFRONT GARDENS LOT 6 Map No. 3A06 Strap No. 180400 63A06 Section Township Range Acres 06 48 25 0 Sub No. 180400 I BAYFRONT GARDENS '1J U$e~oºe ° VACANT RESIDENTIAL 2004 Preliminary Tax Roll Values Latest Sales History Land Value $ 750,000.00 (+) Improved Value SO.OO (=) Market Value $ 750,000.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 750,000.00 (-) Homestead and other Exempt Value $0.00 (=) Taxable Value $ 750,000.00 Book - Page U54:.2209 Amount I $ 245,000.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. liliiii The Information is Updated Weekly. ,,- , I Agenda Item No. riJ January 11, 2 0 Page 130 Folio No.1 23095000704 Map Owner Namel GRUP, GARY L=& CATHY A Addresses 4627 BROOKSIDE RD City TOLEDO II State II OH II ziPl 43615 - 2207 I I I I Lega BAYFRONT GARDENS LOT 7 Section Township I: Range II Acres 06 48 25 0 Sub No. 180400 BA YFRONT GARDENS -1J Use Code 1 SINGLE FAMILY RESIDENTIAL ~ Map No. 3A06 : Strap No. 180400 73A06 "t Millag.e 13.1244 2004 Preliminary Tax Roll Values Latest Sales History I Land Value . I $ 750,000.00 (+) Improved Value $1,178,026.00 (=) Market Value $ 1,928,026.00 (-) SOH Exempt Value $0.00 (=) Assessed Value $ 1,928,026.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 1,928,026.00 I Date Book - Page Amount I 12 I 2002 3.~5.! $0.00 I 08/199B I 2447 . 27B8 $ 255,000.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. liliiii The Information is Updated Weekly. Agenda Item No. 17(V January 11, 20 ,. Page 14 of 2 Folio No. 23095000801 MaR II -- Current Ownership Property Address!l236 BAREFOOT BEACH BLVD Owner Name LITWIN, ROSE C Addresses BRINK TR, ROBERT E ITF ROSE C LITWIN TR UTD 9/10/93 373 W HILLS RD City HUNTINGTON U Statell NY II Zip/l11743 - 6345 legalll BAYFRONT GARDENS lOT 8 Section 06 Township 48 Acres o Strap No. 180400 83A06 Sub No. ..Ið 1m ~ 180400 o SA YFRONT GARDENS VACANT RESIDENTIAL -t MJII~IJ 3 -t Ml!.!ªge 13.1244 2004 Preliminary Tax Roll Values Latest Sales History Land Value $ 750,000.00 +) Improved Value $ 0.00 (=) Market Value $ 750,000.00 -) SOH Exempt Value $ 0.00 (=) Assessed Value $ 750,000.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 750,000.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date 09/1997 11/1993 Book - Pa e 23~255-1 18~242 Amount $0.00 $ 0.00 - The Information i.s Updated Weekly. Agenda Item No. 1v January 11, 2 ~ Page 15 of Folio No.1125095500105 MíU! II - ' ., Current Ownership Property Addressll235 BAREFOOT BEACH BLVD Owner Namell DUTI, REGINA K Addresses: 235 BAREFOOT BEACH BLVD City. BONITA SPRINGS Legal BUSCAINO ESTATE LOT 1 State FL Zip 134134 - 8533 Section Township Range Acres Map No. 06 48 25 0.23 3A06 Sub No. 204400 BUSCAINO ESTATE -1J M.Illª-9~a -t Use Code 1 SINGLE FAMILY RESIDENTIAL 167 2004 Preliminary Tax Roll Values Latest Sales History Land Value S 1,655,073.00 I Date I Book· Page II Amount I (+) Improved Value S 914,957.00 I 04/1997 I lliL, ~ 11 $1,750,000.00 I (=) Market Value $ 2,570,030.00 (-) SOH Exempt Value $1,415,614.00 (=) Assessed Value $1,154,416.00 (-) Homestead and other Exempt Value $ 25,000.00 (=) Taxable Value $ 1,129,416.00 SOH'" "Save Our Homes· exempt value due to cap on assessment increases. -- . . . The Information is Updated Weekly. \ .. --- ---,~- -.... -~'- Agenda Item NOt{) January 11, Page 16 Folio NO·IIS4754440001 MaJl II ...... ~ Current Ownership Property Addressll233 BAREFOOT BEACH BLVD Owner Namell BRINKOPF, PAUL W Addresses CLOTILDA ANN HARRISON-BRtNKOPF 233 BAREFOOT BEACH BLVD City BONITA SPRINGS II State II FL U zipll 34134 - 8533 Log"t LELT BAREFOOT BEACH UNIT1 t BLK I LOT 7 & 8 OR 2070 PG 891 Section 06 Township 48 Range 25 Acres 0.29 Map No. 3A06 Sub No. '1J U~C~ 455500 1 I LELY BAREFOOT BEACH UNIT 1 I SINGLE FAMILY RESIDENTIAL 2004 Preliminary Tax Roll Values Latest Sales History Land Value $1,915,265.00 (+) Improved Value $ 924,686.00 (=) Market Value $ 2,839,951.00 (-) SOH Exempt Value $ 1,642,718.00 (=) Assessed Value $ 1,297,233.00 (-) Homestead and other Exempt Value $ 25,000.00 (=) Taxable Value $ 1,272,233.00 SOH - "Save Our Homes· exempt value due to cap on assessment increases. Book· Page 2070.-ß1 Amount $ 1,259,000.00 - The Information is Updated Weekly. --- ~_. _..~- - ---. Folio No. 54754360000 Mn ~ Owner Namell HERRMANN, MARK L Addresses! 104 INAGUA LN City. BONITA SPRINGS - Current Ownership Property Address 104INAGUA LN State Fl Agenda Item~A January , ~ Page 7 ~9 Zip I 34134 - 8521 Lo.~1 LEL Y BAREFooTS"C" UN,T 1 BlK I E1/2 OF LOT 3, LOTS 4,5 1&6 Acres 0.44 Section 06 Sub No. ~ ~ Code 455500 1 I LEL Y BAREFOOT BEACH UNIT 1 I SINGLE FAMILY RESIDENTIAL 2004 Preliminary Tax Roll Values Land Value $ 3,350,970.00 (+) Improved Value $ 839,561.00 (=) Market Value $ 4,190,531.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 4,190,531.00 I (-) Homestead and other Exempt Value $ 25,000.00 (=) Taxable Value $ 4,165,531.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. Map No. 3A06 Strap No. 455500 I 53A06 Latest Sales History Book· Page ;t050 . 26~ 2578 - 3297: Amount $ 5,000,000.00 $ 3,350,000.00 ---.- - -_.- --~--- Agenda Item NO.1 Ð January 11, 20 5þ Page 18 of fO Folio No.1! 54153960003 MaR II - Current Ownership Property Addressl11011NAGUA LN ROYAL PALM GULF COAST INC 1499 W PALMETTO PARK RD # 200 BOCA RATON State FL ZI 33486 - 3321 Legal lEl Y BAREFOOT BEACH UNIT 1 BlK H lOT 10 & A PORTION OF lOT 9 DESC IN OR 3353 PG 966 Section Township Range II Acres 06 48 25 0.18 Sub No. 455500 LEL Y BAREFOOT BEACH UNIT 1 ~ ~e GQd§ 0 VACANT RESIDENTIAL 1\ Map No. Strap No. 3A06 455500 H 93A06 I .,,~ Mill1t9§Aru ""ð I't'IllliIge 167 13.1244 2004 Preliminary Tax Roll Values Latest Sales History Land Value $ 1,894,298.00 (+) Improved Value $0.00 . (=) Market Value $1,894,298.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 1,894,298.00 (-) Homestead and other Exempt va~~ $ 0.00 (=) Taxable Value $ 1,894,298.00 Book - Pa 3».3~6 un - .1D..8 2613 - 2225 Amount $ 0.00 $ 4,000,000.00 $ 0.00 SOH = ·Save OUf Homes" exempt value due to cap on assessment Increases. - The Information Is Updated Weekly. - r Agenda Item No. 1íiJ January 11,2 15/ Page 19 of 2 - Current Ownership Folio No.II54753920001 ~ II Property Addressll229 BAREFOOT BEACH BLVD Owner Namel ROYAL PALM GULF COAST INC Addresses: 1499 W PALMETTO PARK RD # 200 City BOCA RATON II Statel! FL II ZIpl133486 - 3321 1 I I Legal LELY BAREFOOT BEACH UNIT 1 BLK H LOT 8 TOGETHER WITH A PORTION OF LOT 9 DESC IN OR 3353 PG 970 'For more than four lines of Legal Description please call the Property Appraiser's OffIce. Section II Township I' Range Acres ~ Map No. Strap No. 06 48 I 25 0.16 3A06 455500 H 83A06 Sub No. 455500 LELY BAREFOOT BEACH UNIT 1 ~ Mll1agø '1! Use Code SINGLE FAMILY RESIDENTIAL 13.1244 2004 Preliminary Tax Roll Values Latest Sales History (=) Assessed Value $ 1,807,037.00 (_) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 1,807,037.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. . Land Value (+) Improved Value (= Market Value (-) SOH Exempt Value $1,501,254.00 $ 305,783.00 $1,807,037.00 $ 0 00 Date 07 / 2003 07 / 2001 11/1999 Book - Page 3353 - 970 2862..::..1098 2613 - 2224 Amount $ 0.00 $ 4,000,000.00 $ 0 00 Agenda Item~' 1 January¡ 1 ~5 Pag 2 ~ Folio No.11 54753880002rMp II - Current Ownership Property Address 227 BAREFOOT BEACH BLVD Owner Name STlNGL, DANIEL M=& JONICA L Addresses 227 BAREFOOT BEACH BLVD City BONITA SPRINGS II Statall FL II Zip» 34134 - 8532 Legall LEL Y BAREFOOT BEACH UNIT 1 BLK H LOT 7 OR 2028 PG 459 Section I: Township Range Acres 06 48 25 0.17 Sub No. I 455500 I LEL Y BAREFOOT BEACH UNIT 1 -1J U!ifJ CQ.d.. 1 SINGLE FAMILY RESIDENTIAL :: Map No. I Strap No. 3A06 455500 H 73A06 I ~ M.illiilgjl Ama 1\ --t MllliIge 167 13.1244 2004 Preliminary Tax Roll Values Latest Sales History I Land Value I S 1,650,942.00 (+) Improved Value S 263,535.00 (=) Market Value S 1,914,477.00 H SOH Exempt Value $1,292,607.00 (=) Assessed Value $ 621,870.00 (-) Homestead and other Exempt Value $ 25,000.00 Book· Page 202ll: ill Amount $ 636,000.00 I (=) Taxable Value II $ 596,870.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. - Agenda Item No, 17A January 11, 2005 Page 21 of 29 .. ~..... .. ,- . . COpy OF PLAT "BA YFRONT GARDENS" P.B. 14, P. 114 I 1':11 11'11. 'I' l UN:: ~~ I d t', L. ' I I. I~' lul. i 0.1 .. J C \ ) \1 n l. y . \ l~,) 1 l l,) r 1,14LJW II.l.L r-n:N BY 't'II~~,a; PIH:¡;I':N'1t~~ that N"lpllH~/N,~w ).'()I:k P.HlIl4H:!>, ^ 1~'l.H"ida (~I~J"H;,l Part.IHn:ship, tIll;) nwn~~r of lünds d()scr.ibl;~d h.;~r.t:~C)n has cr.¡used this p].:\l; ~)nl:i tl,~d "BII.'iI':'RL1N'l' GAIH) ~N~I\ to bo m;\,l,'! ')\H! dOl,Hi hCr:i~by £>lIbjt?cL: said l.lll.-1f; to th,)l; c,Hti.,in D¡:,:,l~¡¡:ati¡)n of Cuvul1'.Ints, Condition:3 and 1X.:.~sl.:Ll,~ti0ns r\~ct,)rdl.."!d in O.H. Dúok , 1?<1IJ05 throucJh i nc 1 us i ve, and fur l:hH 1: do~s IH~r~hy ~,h!d i C3tO thl;¡ (0 llowi n(:~ : 1. To UA~FMONT GARD8NS HOM80WNgUS ^SSOCf^TION INC., dll ru~d rigtlts-of-way, shown hQr~ln as Lot 34 and th~ maintondnco thur~of. AI.l those lands lying õ.1b~)v.:! th0 Me.:1n lIigh W",1t!.H: Lit)/:) oE r.ittl,~ Hickory' Bay in Lot 35, at3 ù pr0s~rv~~ (H~a. --þ- I\nd irll drailii.lLJE! easem8nl:s shown hër.?oil .1nd t.ht.! mdinten~nc~ l:h~r0o[. 2. To Collier County Watar - Sewer Dist[i~l - all watar Qnd seW0r lin~s constructed within this platted ðr~a, upon dcct.!ptan~~ of l:Jw improv~ments required by the plat. -t-3. 'ro Collier County - all dri3incH]e eas(~ml}nts with no responsibility for maintenance. 4 . ---t::=- To Collier County \vùt~r - Sewer Dir,;tr:i.<:l: - an e¡\s-=m~nt for inyri.:':J:'> .:.J H'~ egress over and across Lot 34 (Rt)ad RO\v) ann all utility casoments to ", install and maintain all water and sewer utility r3cilitios witl,in platted area. WI'rNESSES: NAPLES/NEW YOHK PARTNERS, a FLOI~ 1 DA GE:N F. Rr\ L p,\l~'rN 1:;R:~ ,Il II 'i~..- .~'~-~. Uy: \ JQ Ii:PH GODFREY, as cn~ì:a Partner ~ . ; ". .' ""). ,),. _.. !.. ~~'::.'!o~J - L J.+-,_ ,:::L.:.~.;,. ;','-"- - - - - - - . :j . /"'. ,,/ --\tJJ{~~~FLu__- :Co. ;~ rò f) I :x: 4 U ~~ ~ 0 ÇftJN ~~ I ~N ..... ~~~ J- · ::D ~roro ~; -;:¡o... roc:: -oro .... Lij' *44 . . ~ ë ~ -} - (g -' ~ 't) ~ ......> ...-- \..ANE '0' R.C \~,..GÙ'" -- . Çll 'd '171 'S'd "SN3:UHV~ .LNOH.!IA va" 1 Vld dO AdO;) - - :I: - - :ë' . o . 0:: ~ -0 m CD ~ U o _...I m . . ~ IV It') . en co ~C I ~I >~.;: I CD 1:2 '.·O'I:j.oç 3NWl W"lOJ Ò" ----"----~---- .-.._~~---_.._-,._~- 1 . cI e e Agenda Item ~~fiL.. January ffJlQõL~ Page 23 or~ -- . ~N~I~~~?~~ 56] 2 Strand (Girt, Sulle 7 Ka.ples, FL 34110 T 2:19.596.2&66 F 2:19.S9U1B2 July 2, 2004 Mr. Stan Chrzanowski Collier County Engineering Review Services 2800 N. Horseshoe Dr. Naples, FL 34104 f",y ~ l) 3-- 2. C I ~ Re: Easement Vacation - Lot S, Bayfront Gardens, Lely Barefoot Beach Request for Letter of No Objectiol1 JEC FOe No. 04-018 Dear Stan, My client is building a single-family residence on Lot 5 of BayfTont Gardens in Lely Barefoot Beach (230 Barefoot Beach Blvd.). The residence is currently under construction. There is an existing platted 25' utility easement and drainage easement located along the entire fronmge of this property. As you can see from the enclosed survey, the principal residence lies outside of t1ús easement. The staitway that leads to the front door is encroaching into this easement, however. It doesn't appear that the encroachment will affect the roadway drainage system for Lely Beach Boulevard, given that there is in excess of 20' available to construct a conveyance swale :tram side lot line to side lot line. This wouLd mimic the design of neighboring properties. I've enclosed photos of the project sitc for your review. Please sign below at yom earliest convenience. Please call me if you have any questions or concerns. .... .. I have no 9J'Jection to ~ proposed easement vacation described above. A) If / / . . (~/h (/, ? ,ïTl«(l11- Stu Chrzanowski, P.E., fngineering Review Services J:V~~«lJIJOO4""-<JlI\4Ð/~-CMW1 Dr....... /!.....-últw _'tlJlLdac 002E i3r~3S~ì dH W~OE:B V002 20 ìnr Agenda Item No. 17A January 11, 2005 pañ24 of 29 f\I ~N~I~~~~~RP 5672 Strand Court, Svite 2 Naples, FL 3411 0 T 239.596.2866 F 239.591.4102 November 23,2004 Mr. Robert Wiley, P.E. Collier County Engineering Review Services 2800 N. Horseshoe Dr. Naples, FL 34104 Re: Easement Vacation - Lot 5, Bayfront Gardens, Lely Barefoot Beach Request for Letter of No Objection JEC File No. 04-018 Dear Robert, My client is building a single-family residence on Lot 5 of Bayfront Gardens in Lely Barefoot Beach (230 Barefoot Beach Blvd.). The residence is currently under construction. There is an existing platted 25' utility easement and drainage easement located along the entire frontage of this property. As you can see from the enclosed survey, the principal residence lies outside of this easement. The stairway that leads to the front door is encroaching into this easement, however. It doesn't appear that the encroachment will affect the roadway drainage system for Lely Beach Boulevard, given that there is in excess of 20' available to construct a conveyance swale from side lot line to side lot line. This would mimic the design of neighboring properties. I've enclosed photos of the project site for your review. Please sign below at your earliest convenience. Please call me if you have any questions or concerns. I have no objection to tbe"'roposed easemeftt vacation described above. AJLL~P J P.F I=OIè. Robert Wiley, P.E. ., S:VECPro,µct.r\2004\(}'#-OI8\40J8..cmml)i DrO'HUj?C lia.'"emf:III ulter WJUlt~OII roMrt.doc -.-- -,------ 08/22/2004 15:53 9417322585 CC ENG PLAN ROOM Agenda l~iÑo. B 11"'1 January 11, 2005 Page 25 of 29 COLLIER COUNTY PUBLIC UTILITIES DIVISION 3301 E. Tamiam, Trail· Naph.:s, Florida 34112 . (23lJ) "32-25ï5 . FAX (239) 732-2526 August 26, 2004 Greg Jeppesen, P. E Jeppesen Bngineering Corp. 5672 Strand Court, Suite 2 Naples, Flolida 34110 Subject: 230 Barefoot Beach Blvd. Easement Vacation Request Dear Mr. Jeppesen: This oftke has reviewed your request to vacate a portion of the utility easement at the above referenced location. The Collier County Water-Sewer District has no Faci1ities that would be affected and we therefore have no objection to the vacation of the easemen1. Should you have any fwihe:r questions, please feE 1 free to contact me at 732-2571. Sincerely, ClQM...L <é1~ Jacq:i~ ~on :- i'J1 Engineering Technician cc: Paul Mattausc.h, Water Director Joseph Cheatham, Wastewater Director Rick Grigg, Land Surveyor, Community Development s:\=gmec:ring tech\eiIC!nJeut-{oO. wI v"200tt\23()' >arefctm bcac&blvci..doc.. - .~ y "....... 10/05/2004 rUE 11:17 FAX Agenda It~ORl¿ONA January 11, 2005 Page 26 of 29 e I=PL 16¡3(J Old 41 Rotltl BDnita Springs. FL U135 Septemb~r 23,2004 Jeppesen Engineering Corporation 5672 Strand Cowt, Suite 2 Naples, FL 34110 RE: Easement EDcroacbmenl- Lot 5, BayCront Gardens, Lely Barefoot Beach Request CD' Letter of No Objection JEC File No. 04·018 Dear Mr. Jeppesen: This l~tter is in reply to your recent request for FPL to vacate the east 4.56' feet of the existing 2S' uti1ity and drainage easement. Based on the sketch and boundary survey which also reflects the locations of existing underground utiliûes, prepared ílnd certified by Steven K. Sandy, PLS #6746, dated July 3,2004. FPL has no objection to vacaûng the east 4.56' oftrus casement. If you have any questions regarding this matter, please contact me at 239-947-7378. Sincerely, ~z¿L ¿~~ Sandy sûg¡- (J Customer Project Manager Attachment (copy of survey) an FPL Group CornPIli\)I '.. Agenda Item No. 17 A January 11, 2005 Page 27 of 29 -¢- Sprint P.O. Box 2469 Naples. Florida 341G6-2469 August 2, 2004 Mr. Gregory D. Jeppesen, P.E. Jeppesen Engineering Corp. 5672 Strand Court - Suite 2 Naples, FL 34110 kE: Easement Vacation - Lot 5, Bayfrollt Gardens, Lely Barefoot Beach Sec 06, Twp 48S, Rug 25E Dear Mr. Jeppesen: Regarding your correspondence dated July 23, 2004, this is to advise that Sprint-Florida, Inc. has no objection to the conditions in your letter, contingent upon the following criteria: 1. All existing telephone cables must maintain a 24 inch minimum cover after all work is complete. 2. Any conflicts which may arise as a result of your proposed construction and existing telephone facilities, will be corrected by Sprint-Florida, Inc. with all charges to be paid for by the property owner. 3. Any damage to telephone facilities as a result of the proposed construction will be paid for by the property owner. 4. In the event that future maintenance operations are perfonned on the telephone facilities, restoral of the easement to its original condition will be the responsibility of the property owner. Please be aware that there are buried telephone cables on this property and extreme caution should be used when working in this area. Our location service should be called 48 hours in advance at 1-800-432-4770 for field location of the telephone facilities. If you have :my further qu~stions, ple:?se call me at 239-263-6342. ~~~ Qn T. Reynolds Network Engineer I - E&C JTR:ns Cc: Chron File o ~.. !_,. c·············· .. . .... Agenda Item ~91B Janua~_Q¡;; Page~~ @omcast 301 Tower Rd. Naples, FL 33916 Phone: 239-732-3805 FAX: 239-498-4483 March 28, 2004 Gregory Jeppesen 5672 Strand Court Suite 2 Naples, Florida 34110 Re: Lot 5 Bayftont Gardens @ Lely Barefoot Dear Gregory Jeppesen: This letter will serve to infonn you that Corneast has no objection to your proposed vacation of the address referenced above. Corneast is not in your area. Should you require additional infonnation or assistance, please feel free to contact me here at 732-3805. . Cordially, ~CK Mark Cook Design Coordinator - ^.~. ., Map Output Agenda ft~~e~o?t1A January 11, 2005 Page 29 Qf.29 Œ(;;~i,i\i~i:B:,'il}¡·. . .þttp;llarc.cQllierappraiser.com!servletlcom.esri.esrimap.Esrimap?ServiceName""Çcplt,....ct~slg... 12/1/4QQ4", ....... Agenda Item No. 178 January 11, 2005 Page 1 of 5 EXECUTIVE SUMMARY SE-04-AR-6538, a Ordinance amending Ordinance Number 04-33, the Community School of Naples Rezone to correct a scrivener's error resulting from the unintentional omission of Zoning Atlas Map 9512N in the title of the Ordinance and the body of the Ordinance resulting in an incorrect legal description in the adopted Ordinance for the property located on the west side of Livingston Road approximately ~ mile north of Pine Ridge Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) correct a scrivener's error resulting from an omission of Zoning Atlas Map 9512N from the title and body of Ordinance Number 04-33 (Community School of Naples) that is consistent with the Collier County Growth Management Plan (GMP) and the Land Development Code (LDC). ""."" CONSIDERATIONS: The Board of County Commissioners approved Ordinance Number 04-33 on May 25, 2004. This action approved a rezone from "A" Rural Agriculture to "CF" Community Facility to allow for the expansion of the existing school facility for the Community School of Naples. Staff subsequently discovered that the reference to Zoning Atlas Map 9512N was omitted from the title and body of the adopted Ordinance. The Collier County Attorney's office has directed staff to prepare a scrivener's error amendment as described above. FISCAL IMPACT: It should be noted that this scrivener's error is only to correct Ordinance 04-33 that was approved by the Board of County Commissioners. Therefore, this change by and of itself will have no fiscal impact on the County. The fiscal impact for the Community School of Naples was determined at the time the property was originally approved for the rezone. In addition, the County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. SE-04-AR-6538 1 Agenda Item No. 178 January 11, 2005 Page 2 of 5 GROWTH MANAGEMENT IMPACT: This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3. I and 3.15 of the LDC. RECOMMENDATION: That the Board of County Commissioners (BCe) approve the scrivener's error correction to Ordinance 04-33. PREPARED BY: Robin Meyer, AICP, Principal Planner Department of Zoning and Land Development Review .- SE-04-AR-6538 2 ttem Number Item Summary Meeting Date Agenda 110m N D. 178 January 11, 20m:; PðoJe 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17B SE-04-AR-653ß, a Ordir.Boce amelu1111g Ordinance Number 04-33, the Comrnunitý Scho\11 of Naple.\\ Re1.one to çorrf!çt a s.crivr:ner's error res.ulting from the unintentional om¡~5¡on of Zoning Atias Map 9512N in the Title 01 ttlt Ordinanœ and th~ bady ofthfJ Ordinanc~ resulting in an incorred !egal desçfiplioll in 1hp. ndoplF.:d Ordinapçe for the pflJperty h:H::nled on the W€5t ;;ìde of Livingslon Road apprOXirT1Alely~i;' mile Iwrth ot Pine Ridç¡e RO<1d in Section 12, Town:;hip 49 South. Range 25 East, Collier County, ¡:'!orida 1/11/20059:00:00 AM Robm D. Meyer Princlpa! Planner 12J21flOO.1 7:Z2:1~ AM Prepared By CorllfHUR!ty Oev~¡opmer!t &. Environment¡¡1 ServiC( o;. "". 2'.l:Il'\ing & l.and Or.VdOr-ITIMt RC!view r..on~tí1nc:e A. J()hn~ot1 Dnte Approved By Community Develapment 8. Envirnnmcnt.al Servj<:1I!:5 Operations Analyst Community Development &. Environmental Sp',,,,ìc~.u Admil'\, 12:'211200410:17 AM Sandra Lf'.1 EU~-r.:u1i\l(,; 5(!(:;rclary OiJI~ Approved By CClYlrn\Jrllty Development & f_nvironmro:IÜ<l1 St'rV!I:r.$ COlTlf11Unjty Development &. F..nvironmc!I'Ita! Servjct!$ Adm~fJ 12i21na04 10:22 AM Approved By 2'.ÐrÜng &. Lund OP.'llt'lopn1Cmt D!mctor Gatt! SU!iõHI Murr<lY. AICP Community Deve!cpmcmt 8. Ënvifonmenta! Sef·,ic;¡.s Zonif'lg & Land D(!vetopm~nt Review 12/211200412:37 PM JO$r.pt¡ K. Schmitt D;¡t~ Approved By Community Development ð. f:'.nvtronnlelllill S~t...iGCS Community De'lelQpment & Eflvirt)nm~nbl Sr.rviceß AdITlinflfralof GOl'nmurdty Oevelopl'nent So f..n\tìronm~rltíll Servu,cs Admit) 12iZ2!200412:49 PM OMB Coordil'\iIIlor Administmtive Äfi1Si$\ant Date Approved By CQunty Manager's offìceo Offh,r 01 M3n3gement R B...dg~t 12122:120041 '.55 PM M:ilrk IS3ckson Budget Ana!yst Date Approved By Counly Manager's Offir.c Officn of Mnnagement & Budget 12.12:212004 :1:53 PM Mit:I¡¡¡¢! 51T1ykuwstd Man3gl?mtt:rlt 8. BurlOf!! Director D". Approved By County Managt!r's. Ol'fic:<e Office of Management & Bud9~t 12i22/2004 4:17 PM Jumes; V, Mudd Coutlty MaIHI~f(r O<~ Approved By BClard of County Commissioner", CO\lnty Man<lge:r's QNÌ!:'.f!: 12/311200411:11 AM I Agenda Item No, 178 January 11, 2005 Page 4 of 5 ORDINANCE NO. 05-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 04-33, THE COMMUNITY SCHOOL OF NAPLES REZONE, BY PROVIDING FOR AN AMENDMENT TO CORRECT A SCRIVENER'S ERROR DUE TO OMMISSION OF OFFICIAL ZONING ATLAS MAP NUMBER 9512N FROM THE TITLE AND THE OPERATIVE PORTION OF ORDINANCE NUMBER 04-33; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of Commissioners adopted Ordinance Number 04- 33, on May 25,2004, and; WHEREAS, following said action adopting Ordinance Number 04-33, staff detennined that the title and the operative section to Ordinance Number 04-33 did not include Official Zoning Atlas Map Number 9512N and, therefore, constitutes a scrivener's error. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FWRIDA that: SECTION ONE: AMENDMENT TO THE TITLE OF ORDINANCE 04-33, THE COMMUNITY SCHOOL OF NAPLES REZONE The Title of Ordinance Number 04-33, the Community School of Naples rezone is hereby amended to read as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPâ NUMBERED 9512N AND 9512S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED SOUTH OF THE PROPERTY IN SECTION 12, TOWNSHW 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM "A" RURAL AGRICULTURE T0 "CF" COMMUNITY FACILITY TO ALLOW FOR THE EXPANSION OF THE EXISTING SCHOOL FACILITIES; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. SECTION TWO: AMENDMENT TO OPERATIVE PORTION OF ORDIANCE: The operative portion of Ordinance Number 04-33, the Community School of Naples rezone is hereby amended to read as follows: The zoning classification of he real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 12, Township 49 South, Range 25 East, Collier County, Florida, is changed from "A" Rural Agricultural to "CF" Community Facility and the Official Zoning Atlas Mapª- numbered 9512N and 9512S, as described in Ordinance 91-102, the Collier County Land Development Code is are hereby amended accordingly. Page I of2 Agenda Item No, 178 January 11, 2005 Page 5 of 5 SECTION THREE: EFFECTIVE DATE 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 11 th day of January, 2005. ATTEST: DWIGHT E. BROCK., Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ,CHAIRMAN Approved as to Fonn and Legal Sufficiency: Marjorie M. Student Assistant County Attorney SE-2004-AR-6S38/RMJ8p Page 2 of2 'I ..--- Agenda Item No. 17C January 11, 2005 Page 1 of 42 .,0'"._- EXECUTfVESU~Y CU-2004-AR-6300 Frank L. Veasley representing Bethel Assembly of God Church, Inc. requests approval of a Conditional Use in the RMF-6 Zoning District pursuant to Table 2 of Section 2.04.03 of the Collier County Land Development Code, to allow for the expansion of an existing church by adding a gymnasium on the subject 4.79 :t: acre site. The subject parcel is located at 1225 West Main Street in Immokalee, which is on the south side of West Main Street and approximately 1,500 feet west of S.R. 29, in Section 4, Township 47 South, Range 29 East, Collier County, florida. OBJECTIVE: That Board of Zoning Appeals approve a Conditional Use in the RMF-6 Zoning District pursuant to Table 2 of Section 2.04.03 of the Collier County Land Development Code, to anow for the expansion of an existing church by adding a gymnasium on the subject site. CONSIDERATIONS: -- The petitioner seeks a Conditional Use to expand their existing church facility by adding a gymnasium to be used for church functions and to provide recreational opportunities for children in the community. As depicted on the conceptual site plan attached (Attachment "A'), the gymnasium will be located in the southeast corner of the property and is proposed to be 8,781 square feet in size, and approximately 25 feet tall. There has been a Conditional Use permitting a church on this site since 1987. This request is for a new Conditional Use for the expansion of the church facility by adding a gymnasium as an accessory use to the church. FISCAL IMPACT: This conditional use petition by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the property is approved for the conditional use, a portion of the existing land will be developed and the new Øevelopment will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building pennits to help offset the impacts of each new development on public facilities. These impact fees are used to fund identified projects in the Growth Management Plan (GMP) Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, fifty percent (50%) of the estimated Transportation Impact Fees associated with the project is required to be paid simultaneously with the approval of each final local development order. Other fees collected prior to the issuance of a building pennit include building pennit review fees and utility fees associated with connecting to the County's water and sewer system. - G:\Current\Meyer\Condltlonal Uses\Bethel Assembly of God\EXECUTIVE SUMMAR1.doc Page 1 of 4 Agenda Item No. 17C January 11, 2005 Page 2 of 42 GROWTH MANAGEMENT IMP ACT: Comprehensive Planning staffhas reviewed this request and offered the following comments: The petitioner's property, as identified on the Future Land Use Map of the Growth Management Plan, with regard to the Future Land Use Map and future land use designations of the lmmokalee Area Master Plan (lAMP), is currently within the Commerce Center - Mixed Use (CCMU) District, of the Commercial Land Use Designation. The following language, from the Land Use Designation Description Section of the lAMP, describes the primary purpose and uses permitted within the CCMU District: ''The purpose of this designation is to create a major activity center that services the entire Immokalee Urban Designated Area and surrounding agricultural area. The Mixed-Use District shall function as an employment center and shall encourage commercial and institutional uses. Uses permitted within this Subdistrict shall include shopping center, governmental institutions, middle or high school, community park and other employment generating uses. Other permitted commercial uses shall include transient lodging facilities at 26 dwelling units per acre. The appropriate zoning districts include C-I through C-4 as identified in the Land Development Code. .-' In considering new commercial zoning, priority shall be given to protecting existing residential uses. Residential development is permitted within the mixed-use Subdistrict at a maximum density of twelve (12) units per gross acre. Residential dwellings shall be limited to multi-family structures and less intensive units such as single-family and duplexes provided they are compatible with the district. Mobile home developments shall be permitted only in the fonn of mobile home subdivisions or parks as defined in the Land Development Code. The mixed-use district will be controlled via a series of performance standards that address issues of buffering, noise, signage, lighting, architectural compatibility, lot size, parking and landscaping." Relative to the subject petition, the lAMP permits certain non-commercial conditional uses within the Commercial Designation. "Churches" are one of the "mixed uses" specifically permitted within the Commercial Designation of the lAMP. The Immokalee Area Master Plan is silent as to whether a gymnasium would be allowed (with or without the existing church) within the CCMU. However, Comprehensive Planning staff notes that, along with churches, the lAMP also recognizes "open space and recreational uses" as one of the "mixed uses" specifically pennitted within the Commercial Designation of the lAMP. CONCLUSION: Based upon the above analysis, staff concludes: The gymnasium proposed for the subject site may be deemed consistent with the lAMP, based upon a showing of consistency with the above criteria. ENVIRONMENTAL ISSUES: ~. Because the subject site contains an existing church and parking, there are no unusual environmental issues associated with this petition. G:\Current\Meyer\Condltlonal UsesIBethel Assembly of GodlEXECUTIVE SUMMAR1.doc Page 2 of 4 Agenda Item No. 17C January 11, 2005 Page 3 of 42 . ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Because an Environmental Impact Statement (EIS) was not required for this project, the EAC did not review this petition. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the December 16, 2004 Planning Commission meeting. Presentations were made by the petitioner and County Staff. The Commission then made a motion to forward petition CU-2004-AR-6300 to the Board of Zoning Appeals with a recommendation of approval by a vote of 8 to O. STAFF RECOMMENDATION: Staff recommends that the Board of Zoning Appeals approve Petition CU-2004-AR-6300, subject to the following condition: 1. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of the application, shall require the submittal of a new conditional use application, and shall comply with all applicable County Ordinances in effect at the time of submittal, including Section 10.02.03.B.3. of the Col1ìer County Land Development Code. PREPARED BY: Robin Meyer, AICP, Principal Planner Department of Zoning and Land Development Review ATTACHMENTS: A. Site Plan - G:\Current\Meyer\Condltlonal Uses\Bethel Assembly of God\EXECUTIVE SUMMAR1.doc Page 3 r:A 4 ~If r n -7 r I'ì,) bIw.t.~ />,0,,' ...~~ t! l~ ê. : j .. .. .., ,.. -... __',f'W'" Ilo4t.u:)!(J\,~1X 'llllWi' ,\SE\\IEP. ~1C't 1-·....... _o·_' ..-.J'..'.:....... 1oIII I I<..........'" --..-: ~ -~.~""" ~ w.¡..;..~ ....--........- ..........---- .øII....~"A ..~""'¿- --.=;.-::.~ . ATTACHMENT A G:\CUrrent\Meyer\Condltlonal Uses\B8thel Assembly of God\EXECUTIVE SUMMAR1.doc .1~1 1 ~s Iii l!~ 4Y" Page 4 of 4 Agenda Item No. 17C January 11, 2005 Page 4 of 42 ~+ Item Number Item Summary Meeting Det. Agenda Item No, 17C January 11. 2005 Page 5 of 42 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17C This ilern reQ1. re!i thiJl ell pnrticipnnt~ M SWOfT1 in and e)('parte di5("~o.\ure b~ pro~dfH1 by Commls!'f.:jl)n Members CU·200:)-AR-630D Frank~, Vf'JðsJey represeonting Bt'JtI'1el A5'E:embly of God Chu/"crl. Inc requests approval of II Conditional Use ~n the: RMF-8 Zoning DlstnC1 p\mHlflnllo Tnblp, 2 (If $8dion 2.04 03 (If tMe Collie; CDuntv l.end Developmf.!nl COc1e-, to allow for Ihe expansion of 1m ex~t¡ng r.nurch by adding a gymnasium on tM SUbJ6r.t 4.ï9 ± acre site. The 5ubJect parcells loctltcd.at 1225 West Main Streel in Immokalet, whict1 is on tt1P. !f,outh $Îde :)f We$I Main Stree1. and "ppmximalp,ly '1.500 feet we\;i! of S R, 2Ç1, In 5eçtion 4 Town;r¡,hip 47 Soulh, Ranr¡e 2.~ Eß5!. Collier Ctmnty, F oriaa 1:11/2005 9:0D:QO Þ.,M Prepared By 12121/200<47:23',41 AM Robin D. Meyer Cammunlt~ DlDlIlI'lopmønt & Environmental Service" Date Principal Pla.nner Ztming 8. l:md Del/elopmC!nt Revlpw Dat. Approved By Conlitanc:e A Johnson Cl)mmunily OItV~lopm~l'It " Environment,,¡ Se/'\'icu Opera1ions An.1lyiit COrTImunlt)' Oevel( nmnl1t &. E.1""ironm~nbl Services Admin. 121211200" 1(1.'13 AM Dat. Approved By Silndril Leo COOl,nunlty Devch.>pment & Environmant.a¡ S( rvic~& EJlr;>Gu1ivl! Se¡;rel,¡ry CommunIty D~vl! opmt!nl & Envímnme'nt..1 Scrvic.e ¡ Admin. 121211200411:17 AM DatI! Approved By 5uun MOJrrilY, AICP CUlTlmufllty O~""elop'"cflt & EnvlranrrHInlnl Sl!t\/ICCS Zoning & Lan~ O~Ii~loPITU~11t Oirector 7..Dnlng & l..nd O(!\leloprnftnt Review 12/211100412:%9 PM Dat. Approved By JOUlpn K, Scllm!t1 Cott\lnl.JIIlty DtllI(! Dpmenl &. ErwìronlTtltnt..1 Servicu Conlmlln l~ Or.-\lI! (ln",(!nt & Environmenfll Services Admjnstr.tor CCfTlfnunlty D(!vl!!Opmen1 & Environmt!ntal Sl!rvic.es Admin. 12/22/200412:48 PM Dat. Approved By OMB Coordin;ator County Milfluger's Offit:e Administra1i\'C' Ä.lliis¡tanl Uffice of M.."ag~t'flent & Budget 1~/22J2I)04 1 :54 PM Date Approved By Mark Isu<:kliCln County Manftger'. Office Budget AnalY$t QNlce of Man,lgtlment & Budget 12123/200.. IUS AM Date Approved By Michael 5mykowfOki Co~rdy Mønannf't; O'f!i.-:(t Management & Burl9~t Director ()fU.-:r. of Mnna!'1(~m~nt & Budgnt 12127:200" 8:57 AM DaI~ Approved By J...men V. Mudd Board of County Com!n¡uion~'tf CI;IIJn1v Mnnar¡nf County Mllllugtr'lII; Office '2J29/2004 1:35 PM Agenda Item No. 17C January 11, 2005 Page 6 of 42 Co~ County - ...............- STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION HEARING DATE: DECEMBER 16, 2004 SUBJECT: PETITION CU-2004-AR-6300 BETHEL ASSEMBLY OF GOD CHURCH PROPERTY OWNER/AGENT: OWNER: Bethel Assembly o.f God, Inc. Church 1225 West Main Street Immokalee, Florida 34142 AGENT: Frank Veasley Frank L. Veasley II, & Asso.ciates 16921 Tarpo.n Way Fo.rt Myers, Flo.rida 33917 REOUESTED ACTION: Frank Veasley, representing Bethel Assembly o.f God, Inc. Church requests appro.val o.f a Co.nditio.nal Use in the RMF-6 Zo.ning District pursuant to. Table 2 o.f Sectio.n 2.04.03 o.f the Callier Co.unty Land Development Co.de, to allo.w far the expansio.n of an existing church by adding a gymnasium on the subject 4.79 ± acre site. GEOGRAPIDC LOCATION: The subject parcel is located at 1225 West Main Street in Immokalee, which is an the south side of West Main Street and approximately 1,500 feet west of S.R. 29, in Section 4, Township 47 South, Range 29 East, Collier County, Flo.rida. (See the location map on the following page) CU-2004-AR-6300 December 16, 2004 Page 1 fA 8 , . ÜI.(')N r--0V .....0_ NO o -r-- Z::::Q) E>.OJ Q)~rn __ rnCL -;:: rne: "Orn c;-:> Q) ~ I i IJ "II z: wg ~Z 9 ~IU" I .. - -= :: ~ It III ~ .~ ~ ! II 3 rm V I a \!! ~ .J ~ ~ v= ~ = oCt ~ .~ ¡t ti . = OJ 1111 ~ .. a ~ ¡; 111'11'1 ~ ./ ::: ~ ~ ~ ~/· . ::: I l..- t = . II I A U . ~ = = ~ ~ n /~ ~ , ~ ~ ¡ :! :; " t! :I (!I '-- IJ ., :! II It r ) ~ ~ CiI r '\ r CU-2004-AR-6300 December 16, 2004 Page 2 of 8 D.. < :E w I- rtJ " I:J .. . i c .; . a III :i ~ . ., Q ¡: ¡: 1&1 .. 11. II( ~ Z 0 - I- < 0 C -J PURPOSEIDESCRlPTION OF PROJECT: Agenda Item No. 17C January 11, 2005 Page 8 of 42 The petitioner seeks a Conditional Use to expand their existing church facility by adding a gymnasium to be used for church functions and to provide recreational opportunities for children in the community. As depicted on the conceptual site plan attached on page 4 of 8, the gymnasium will be located in the southeast comer of the property and is proposed to be 8,781 square feet in size, and approximately 25 feet tall. There has been a Conditional Use pennitting a church on this site since 1987, this request is for a new Conditional Use for the expansion of the church facility by adding a gymnasium as an accessory use to the church. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: 4.79 acres with an existing church and service building, zoned RMF-6 Right-of-way (Old SR 29) West Main Street and beyond is vacant property zoned RMF-6 Glendale Bible Baptist Church, zoned RMF-6 Property belonging to lmmokalee water and sewer District, zoned RMF-6 A privately owned 159-acre vacant parcel, zoned RMF-6 SURROUNDING: North: East: South: West: . .......~7111 14 1J 12 I I!.. 11 ,~ .!.I i' ..." ..... ......... ...."""" CU-2004-AR-6300 December 18, 2004 Page 3 d 8 , ~......'... -. -..... -.wI"'~ N ...~....- -.. .::-~ ........ ..........., _.w "''''-"11_ tlÞ ú...,.,...~ <...............) ~OIIi.LSIG !.f]MJS " ¥J , 'tN\ JJ1VI4OfIII'I. --.. ~1.I~.:k .. i: ~ J ~II ;¡ ~ .., ~. ¡¡ 1ii! 15 · ~~ I 4t1 : I ~ +1 t Agenda Item No. 17C January 11, 2005 Page 9 of 42 tV ..¡ ¡ .. a ~ j !. !i ..·M ....JI ~~ " ~i '" df I~ .,¡ . t> 0 !; ! ... -.--. ~:; ~ :". .-........... . . ~ ~.....~.",-... . . '..... ,..~....""",........r".. ~'---~.. '-"'-¡-~~'¡~--,-"""--- --', -..... ,~'''<.1 ''''_,.,.......Moa..-." ..., ..r. "~j':i'_:' .....::=-.: ~~~:~~.: .:. - ......'r""\ ,..,......... '" :::r~_,.....~_________________~,~/ ....~¡;.l1i~ -. ~""....I/ - ......,--'"1- -....'._-~~".'^---~ '. Site Plan CU-2004-AR-6300 December 16, 2004 Page 4 c:J 8 I .J 5 Agenda Item No. 17C January 11, 2005 Page 10 of 42 GROWTH MANAGEMENT PLAN CONSISTENCY: Comprehensive Planning staffhas reviewed this request and offered the following comments: The petitioner's property, as identified on the Future Land Use Map of the Growth Management Plan, with regard to the Future Land Use Map and future land use designations of the Immokalee Area Master Plan (lAMP), is currently within the Commerce Center - Mixed Use (CCMU) District, of the Commercial Land Use Designation. The following language, from the Land Use Designation Description Section of the lAMP, describes the primary purpose and uses pennitted within the CCMU District: "The purpose of this designation is to create a major activity center that services the entire Immokalee Urban Designated Area and surrO\.mding agricultural area. The Mixed-Use District shall function as an employment center and shall encourage commercial and institutional uses. Uses pennitted within this Subdistrict shall include shopping center, governmental institutions, middle or high school, community park and other employment generating uses. Other pennitted commercial uses shall include transient lodging facilities at 26 dwelling units per acre. The appropriate zoning districts include C-l through C-4 as identified in the Land Development Code. In considering new commercial zoning, priority shall be given to protecting existing residential uses. Residential development is permitted within the mixed-use Subdistrict at a maximum density of twelve (12) units per gross acre. Residential dwellings shall be limited to multi-family structures and less intensive units such as single-family and duplexes provided they are compatible with the district. Mobile home developments shall be permitted only in the form of mobile home subdivisions or parks as defined in the Land Development Code. The mixed-use district will be controlled via a series of performance standards that address issues of buffering, noise, signage, lighting, architectural compatibility, lot size, parking and landscaping. " Relative to the subject petition, the lAMP permits certain non-commercial conditional uses within the Commercial Designation. "Churches" are one of the "mixed uses" specifically permitted within the Commercial Designation of the lAMP. The Immokalee Area Master Plan is silent as to whether a gymnasium would be allowed (with or without the existing church) within the CCMU. However, Comprehensive Planning staff notes that, along with churches, the lAMP also recognizes "open space and recreational uses" as one of the "mixed uses" specifically permitted within the Commercial Designation of the lAMP. CONCLUSION: Based upon the above analysis, staff concludes: The gymnasium proposed for the subject site may be deemed consistent with the lAMP, based upon a showing of consistency with the above criteria. CU-2004-AR-6300 December 16. 2004 Page 5 r; 8 Agenda Item No. 17C January 11, 2005 Page 11 of 42 The other applicable element of the GMP for which a consistency review was made is the Transportation Element. The Transportation Division has reviewed the proposed gymnasium and found that as an accessory use to the Church it will not generate additional significant trips and the existing parking will be adequate to serve the church and gymnasium. Therefore, this project is consistent with Policy 5.1 and 5.2 of the Transportation Element (TE). ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the Planning Commission must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. As previously noted, this request is consistent with the Growth Management Plan, and with the conditions proposed by staff, this project will be in compliance with the LDC. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fll'e or catastrophe. Adequate ingress and egress to the site will be provided through the existing access to the church and no additional access other than sidewalks connecting the gymnasium to the rest of the site and street is required. The applicant has conceptually shown the location of the sidewalks on their conceptual site plan, final design and engineering will be required at the SDP stage. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The gymnasium is an accessory use and is an enclosed structure and therefore will not generate any noise, glare, economic or odor effects on the neighboring properties. Parking for the gymnasium will generate some limited vehicular impacts such as headlight glare, but that will be mitigated by landscaping. 4. Compatibility with adjacent properties and other property in the district. The only abutting property that is occupied is the Baptist Church to the east, and because they are similar uses there should be no issues with regard to compatibility. In addition, the landscape plan for the church will be upgraded to address any compatibilitylbuffering issues that may arise. CU-2004-AR-6300 December 16, 2004 Page 6 of B Agenda Item No. 17C January 11, 2005 Page 12 of 42 EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the site is under the size threshold (10 acres) to require an Environmental Impact Statement. NEIGHBORHOOD INFORMATION MEETING: The meeting was held on November 9, 2004, 6:00 P.M. at the church and approximately 50 individuals other than the applicant's agents attended. The applicants agent made a short presentation and then answered questions. No one spoke in opposition. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPe), forward Petition CU- 2004-AR-6300 to the Board of Zoning Appeals (BZA), with a recommendation of approval: PREPARED BY: ROBIN D.MEYER, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: RAY BELLOWS, MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITI, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION DATE CU-2004-AR-6300 December 16, 2004 Page 7 d 8 ~I Agenda Item No. 17C January 11, 2005 Page 13 of 42 Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN DATE Staff report for the December 16, 2004 Collier County Planning Commission Meeting Tentatively scheduled for the January 11,2005 Board of County Commissioners Meeting Attachments: A. B. e. Findings of Fact Conceptual Master Plan Proposed Condition CU-20Q4-AR-6300 December 16,2004 Page 8 r:l8 CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH PACKET! " - Agenda Item No. 17C January 11, 2005 Page 14 of42 APPLICATION REQUIREMENTS #OF NOT COPIES REQUIRED REOUIRED 1. Completed Application 20* v" 2. Copy of Deed(s) and list identifying Owner(s) and all 2* ~ Partners if a COrDoration 3. Completed Owner/Agent Affidavits, Notarized 2*/ V 4. Pre-application notes/minutes 20* / 5. Conceptual Site Plans (including (1) 8-112 X 11 copy) 20* / 6. Environmental Impact Statement - (EIS) 4 V 7. Aerial Photograph. (with habitat areas identified) 5* ~ 8. Completed Utility Provisions Statement (with required 4 ~ attachments and sketches) 9. Traffic Impact Statement - (TIS) ~S"'T WA.r.tE£,. 7 v"'" 10. Historical & Archaeological Survey o(Waiver 4 Application e.E:'Qc..!)é:s., v.FA.1 ve:-e.. V 11. Copies of State and/or Federal Permits , 4 V 12. Architectural Rendering of Proposed Structure(s) 4 v 13. Application Fee = $4000 - V' Comprehensive Plan Consistency Review = $3~O V Fire Code Review Fee = $150 i4J 4$""0.00. Ý Check shall be made payable to: - Collier County Board of Commissioners 14. Other Requirements- -. . . ..- , ..-- -- - .- ":' ... Documents required for Long-Range Planning Review 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 ofproces ' g of this petition. .u. Applicant! Agent Sign .. o~~o~ te ---.,.-...--......--.-..-.. ,,--_. CU-2004-AR-6300 PROJECT #2004060030 DATE: 8/2/04 ROBIN MEYER APPLICATION FOR PUBLIC HEARING FOR CONDlTrONAL USE - 4114103 r I I r .. ¡ - Agenda Item No. 17C January 11, 2005 Page 15 of 42 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE - -'--.- Commission District: . . . CU-2004-AR-6300 Date Petition ReceIved: _ PROJECT #2004060030 DA TE: 812/04 Planner Assigned: ROBIN MEYER Petition No.: ABOVE TO BE COMPLETED BY STAFF 1 . General Information Name of Applicant(s) ß1L.T+-IS:L... .ð~s¡¡:,,....~y OF ~~OJ "..Ic. c..~~~4 Applicant's Mailing Address 1'2. z..::; \AI. M.4 J.... '5.,. City IMMoI!AL~;; State F '- Zip 34- I 4? Applicant's Telephone # 9.4.1:" !:as"'l- &~O~- Fax # ~-4'~- ~';;"7-B:=I ''2 Applicant's E-Mail Address: c.ív;td~~:~~e"'~~~"::¡~hUt'\If-.. ..,e+ Name of Agent1="PAL. 1L Vr="L!t. SL~ Finn 1r1?..4~ It. L _ V~..ð.SL¡:::-"":CZ: of ASSOC_ , Agent's Mailing Address l~q2.1 ï.ð.2.Pc;...J 'VV..4.y City 'F'T. M ...,. E IZ.. S State FL.. Zip "33~ i ï Agent's Telephone # ~'3~- 54'3- 4-oee Fax # ~3' - 5£+'" -~98c Agent's E-Mail Address:civ:LdC!.~:c.1 n2t1"S @ ~t"+"t :10'\.1£.." e.+ '" Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 '- Agenda Item No. 17C COLLIER COUNTY COMMUNITY DEVELOPMENT Jan~:~e \~ ~?~~ DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (provide additional sheets if necessary) f.-J./ Å Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: Mailing Address City State _ Zip Name of Civic Association: Mailing Address City State _ Zip 2 . Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety. tenancy in common. or joint tenancy, list all parties with an ownership interest as we,ll as the. percentage of such interest. (Use additional sheets ifnecessary). NI  Name and Address Percentage of Ownership APPUCATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 ; Agenda Item No. 17C January 11, 2005 Page 17 of 42 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. 60..4 e c 0 F' 0 I e.e. Co ï"CI e.s . N arne, Address and Office C1r::V. ~osu¡;;o' ~..u.J c:dw P.4S"T'1::)1Z... l'ÂELll..lnA 1....,._I2.~.ð'...DE.L ~~"TA2.."{ J d02.~¡;: .4L..V.4e.¿Dc.:I, TY=.AC.L 'C!...1I:"'P .4..'-'t t'"'J:""TC V t L A.. I!ZrVI c:>ð ,""'~II'I\;¡I;"~ . j.ð 50s: ' v.. , .d. ~O.d.IZ.D I,,", ~~ ft ~ P , Percentage of Stock t-.J / A / c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. "-J I A Name and Address Percentage of Interest d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. t-.J( À Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. ~/. Name and Address Percentage of Ownership Date of Contract: APPLICATION FOR PUBLIC HEARING FOR CONDlTIO~AL USE-4/J4/0J ~~'~ ' Agenda Item No. 17C " . 1 add' . I ~anu~ 11,.-'005 f. If any contingency clause or contract tenns lDVO ve Ibona partìesp~g 1 ~f 42 individuals or officerst if a corporation, partnership, or trust. N/ Å Name and Address g. Date subject property acquired~"'" ()1?/2~erm oflease ....s/..A yr.lmos. 1ft Petitioner has option to bUYt indicate date of option: ~ / L1 terminates: h..L / A. t or anticipated closing date þ.J / 4.. ~ , F and date option h. Should any changes of o'WIlership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearingt it is the responsibility of the applicantt or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed le2al description of the oropertv covered bv the application: (If space is inadequatet attach on separate page.) If request involves change to more than one zoning districtt include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six monthst maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal descriptiont an engineer's certification or sealed survey may be required. Section: 04- TO'WIlship: 4'1 S. Range: ~~ iL.. Lot: - Block: - Subdivision: Plat Book f'~ ., Page #:'e..1 '2.6 Property I.D.#: 4-,. 2. 904 I '2.5' ooo~ Eo4- Metes & Bounds Description:T't.4';;' \W_ ye. OJ: TW" N\N.Y1r of ~¡;;: J.lw. Y1r oF" ,H¡¡¡' svv. V4- Q,.. ~ ã c. . <:tit, T....."7 S _, 2...'¿" E./ C.O........I..1t. C,C:H..)Iool-r......_ r;::r....C~Ln.4 ~ ....;;:SS 'T""IooIE;:. W.. ~o t=1iiii1E"T T1-IS2.s.0S=. 4. Size of orooerty: 3'30 ft. X G."3~ ft, = Total Sq. Ft.~~ S'éOAcres It.. "1" 5. Address/2enerallocation of subject property: L2.-z..-5 W. MA (~.. SI _ I MMOIL.4.L¡;;'e::.. J F='L '340 {4'2- , APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 .,. , ...,-.~-- i' 6 . Adiacent zonmS! and land use: Agenda Item No. 17C January 11, 2005 Page 19 of 42 Zoning Land use Nf2..0.VJ. O'-D ~I~J-Iï -OF--W.tJ.'f (s. r.. .e.~) W.l-f1A't-J ST. S tto..1 F-~ E ~NI F - '- W~r=-~ W'N""T F> I e.2J ~.4ïIO"'" FII::. "" c.J.JLJ~c:.."" v ",åC" -^ .....,.. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). J-I/.d Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description:. __. -. - . r7 . Tvpe of Conditional Use: This application is requesting conditional use # t of thepMF_~district for (TYPE OF USE) þ.c~~~ 02-'" L,,)5J= - ~y"""U.4:~fC._U,"" Present Use of the Property: '=-~U~ ~ 8. Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staffs recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). APPLICA TJON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14103 Agenda Item No. 17C . January 11, 2005 a. Describe how the project is consistent with the Collier County Land Develop~Cølil.of 42 and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): . -_" ..~t5 IS ALl ~)cI~I"""~ os.v,:' -Øl:D S~-"Tff'= ~ t...!!oØ> ø R:Io.fT .ð.1o.l D P"U"T4 ø.c' t..JS1!iL I ~ ð. ~ c;.Jl ¡~ I"'" I.L '^' l..,..w .4. ~'~L- I'" L.J A..UO A p~~ poe~ C1"Í.."....,.4~IL:i UJ ~ .~ ÂhL Â.. r- ~ f!rl.~ ~...,. <-.) ~w;;... 0 ~c;:h ~ iII£ o¡ï "..H; .4 ~~...,. 0 I""T I~f-LA.. L l-1~S F'ð~ I2...Nf p,",- C~. eo.oS _"3) + ('2..c.:. _J? _I) Q F ·'I""I..u:::: L TO-C. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe:.,.,..¡;;: !u-rs: ..u..at Au "1i£1s-rC"'~ 2:tS'\,UIN;r ~~~ Ã"" "'rLf.& .HE_CQe....&.f:2,..L~ oeIVE_C::CÑ."''''~Es_AeoY~.~~ .!u-rS. . I --f""''''c; Aðc.1t!.... Ac;¡..4'...a 4-r .........e: t.rJt. ~C"I~I2.... ~Q.. po.r-,.~p ST2.Uc:."TulU!. VI'....... B& ~"e.4.IC:¡"'" B4C:IC..-.T-:a- "T1:i1iiL.sa;:._<:þ~ '"Ì"I..UW s:)tI~'TLIol~ p....2111Llc; I'K AI ~,. ~.., ~'CI!!r.S O'P" TU~ ~ lVci. A" f1'.I./t!'!.... P.AP~iLJ' ;:s...ÄI'-.JAC.m.r::r 'rO ~¡, ~JLl.c:;,~- '5.0~A... 1£ $ AP-l:i pr:J_VIOEl:'D 4-9 ,p~W D 4L~U_D.u,¿c::;¡._'S..._____. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: TUl::"PI:' \NLL&.. Pif;: u_ Ar.>V&-P ~r;;;r ,N1P.A.~ 01..1. ...--Jtl~uc;. f>D~'T"I~ S"t ."...u~ <:QUð~T_LJ~ - ~'$ Ie; 4J..J I U ~~ t=;6 c'1L.J -r'-( Okl. L..... - "'t"'W~ N&:I'11-4 PJœ.Ll1oo& C; PIlOP~"I£'S ..&.11 if!::. (,.l.) 2..0IIJ.N_./;JS~4~1I:II ~'T",(&:.j ~~~J (w.) VA.c.A.I NT ACiiiCiif.. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: "TUG: ~Iï= ~ c:;. A. c:.'-'U,. C"io.I ~ .Ac:..q;;~~e..'i ~~. ..6.p<IAt"'~,"T" 'þ;If"~p¡;-~-r~&S ÄP'::= .4S S,4-r¡;;:o ,.... 1,':;;:-"" (~) I'-J'0ve.. e. Please provide any additional infonnation which you may feel is relevant to this request. ~IO ..AODrTIO.........-LL P.6.""" It..u::; IS ~ ¡:::"Ç-\.Jt ~'-=-þ ~ c::)lt..I~IN c::.r -S.i?AC:SS·w I '-L.. e,eä P;:: ,;:r.UeE12.l"C e... H-/e- NS4L f!"' !D~_b'" ~. "TU1;: $1,..';:;: IS FUI I ...,. '-Â...U;)SG4P~~ p.c::~ 1 ~~"'7 c::.c»-.I Ø.T. ~~Œ._ :~9-AP..D"T. ....ÄHo'S~Péiã. I S ~Eq'b-'S~"T'E IS F~L..&....."( tl2.lt-l<;r4"TEO,:,- ~:7--'~Sï V.4I!..I~ FLCIoN'I' I "'lo.Ln'SC""""PI~ "'t".1 ,,'S. J ~ _l_~_ A.h'-C:> t-+.{"E.-rO£.,.IC/ALc::.H. S,L-re:MEJooJï (I.e. ~t\¡tlit£.).. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4114/03 ¡- Agenda Item No. 17C January 11, 2005 Page 21 of 42 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. N/.4 10. Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? UO 11. Additional Submittal reauirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. Ä A copy of the pre-application meeting notes; b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8 W' x 11" copy of site plan], drawn to a maximum scale of I inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPe]; ,( all existing and proposed structures and the dimensions thereof, r. provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), ..( all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], ;' ... locations of solid waste (refuse) containers and service function areas, ". - .!-' required yards, open space and preserve areas, ...¿ proposed locations for utilities (as well as location of existing utility services to the site), ,.. proposed and/or existing landscaping and buffering as may be required by the County, e.e:i:;)UE:S\' WÂ~ve:£.. 'F~O"'1 '->P~e.A.os: e.E'qt.)I~e::J..4T -G location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); / "'C. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). Œq~e::s.ï W'AIVe:e.. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/J4/03 t· . .. . ./. . Agenda Item No. 17C ~ .' uired ~. f ·al h Jatl,uar;.y11, 2005 _----( ('-,.I Whether or not an BIS 1S req , two copIes 0 a recent aen p otograpØa~lIbf 42 within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Fonns Classification System. t.~AEE.a4L.S /. Statement of utility provisions (with ~ll required attachments and sketches); t M""" 0 a¿..,¿t..ee£ S Eã: ~.I:. , 'll'VA -r"a£. c:(,,) e.e.E't-oJ T L'C S~vuJ" S ~-n!'_ A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; £.5 q<.J iES"T "NA I VEL A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); t£~&:"S"T 'NÂI~ A. ,-g'. h. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal pennits. Be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing sign (5) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. ! c__· APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 'I r', FEB-2~-e4 11:04 AM UEASLEY&ASSOC. œ 239~432gee . P.02 Agenda Item No. 17C January 11, 2005 Page 23 of 42 AFFIDA VlT Well, ~\I ...J.O~ ~JLI~ P....c-r~ being first du(,,' sworn, depose Qnd say that we/I am/are the o....·ners of the proper!}' described herein and which is the subject matter of the proposed hearing; that a/i the answers to the questions in this application, including the disclosure of imerest information, all sketches. data. and other supplementary ma"er attached to and made a part of this application. are honest and l111e to the best of our knowledge and belief Well understa"d that the i"formation requt.fted on this app/lca/ion must he complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised untit thiJ application is deemed complete. and all required information has been submitted. Asproperryowner Wellfurrherauthor;ze '::.ALI~ L -V&rA'!II:L"Y 1I. to act as our/my representatit-'e in any matlers regarding this Pelition. ' Mijl~, S¡gnatlÍre of Property Owner PI::\t'_ _~cc ~fUC"'~""'JP4~2.. Typed or Printed Name of Owner K~Ñ9A ~{2NAN9~"Z. ~~R~-rAa.1 Typed or Printed Name of Owner \. Stute of Florida Caunt;: of Collier LJLIAHA PLCRE8 MY COMMtI8tON, DC 2'72381 EXPIRES: JnIIIy 1S, rDœ 11an111c11!IIII..,...... ........ ~grtature of Notary Public - Slate of FiOrijJ" , Z Lf~ Cfivy-t-~ (Print, 7)pe, or Stamp Commissioned Name of N()IUry Public) APPI !CATION FOR P(;81.IC HEARINC FOR CONDmONAL USE -4!1.t103 _ "I1'¡' ø . .~~. '='';:.~.._- . Me . NIl . ..".... Jftd t>We .... ~ I·~'""L!·· -.. ,..... !NO ... ..... II. .....,. .. -. .~~""11 ~j~.t.1.':: ,,¡ Ilw .... fI/. Floriå ........, ,'%10: 5Ø 1..,1... 'Ioridl 33S3t .......,.. .-.J ... ....... ___ ... __ ... - ...... .. ...... ..... · ... fII'I!' · "'1':::_ oat .. .......-.. _.~.... -..- -.. J"~ ,...,..........,....... _...... " .. - ,,¡ . '0.00 ... ..... ..r..w. rI'.I· r JJ'.... __ ......., II ...., __1.1'1' ............ .......... .... .a-. ... ...¡.... ..I..-. ~, ..... _1_ ..,. IIwo ..-'U. .u ,...., _ r.-l ........ ... Coil (er C_e,. FJ-J.. ..... r..· . ·.i.\7.~'< =-r' . - " . .. . \ ~f.'· ·'{1~.~, 7f:~';" . .,:~' i'. .'~~" ~., . I ,;,.""... ~ ,J c" II}- .' Ii'J';:T~~:}:'1 . . '.\1 .1. . . " .'..-.' . .;¡;,¡;¡--~,--~ .. -..... t ,...., - ': "" - ....-=- ,.... ... 22nd .,., ~..., AD. 1"7 ., . . .. If. 1><1_ ïI "..... . - .. . ... N .:f~1. ·~ iii I Tilt Vest, of the I'Crt"-tlt , of tne NQf'tIl"'S~ , :-r \I". Sovtt'l4S\. '. less tile Mort/! 30 ,..t. 5I'CUon &. fownshlP &7 Sout,,~.~. 2t. £fn...l:oU ler Count,. Flor"", rt ·~.I'· J" OAIQINA\. Th(s is VIClnt L.ne. f .. .. '. I ~"I ~ t ~ H:n-t':I"(. ~~"'at: ;tr"'Øtr~" ~ UI ~ = - ... a: ~ 1=' J s :! } ;¡ . ' c.:";; ..J i!: :: ... i It' ... ..' "";¡"" SUBJECT TO -...~ fcr \11. yeer 1987 ef, ~uÞ~~\¡ellt 1~''''S.· ~ Col"d t 1 or,~. n' :1'1<: t I..n. ."d I till I Ut I':;n~ t.x:ettle· . ¡ t 'I ruE" If'nt.S I" !:~a" '~:"Ifi ~..~ ';.~:I: ~C'::H '~~ :,1 : ::~.~r Cc'''~Þ'' ...: ',r:~"1 ",r:c : ':.r·:~~,,"':,!~ ",t.:'~¡..s~~". ;' ~",.. ¡= ""0,= ~..' ""', ~, -. "'I ;;; I , . t.~ ... It .ft t".. ..........tIII... ~........,....."" .,.d .."w............ 11...-... 1..1", '..... ."" .... ..." -.. .........,,'... Tø 1iavt '·Id tt Høld. ,¡,. ..._ .~ '.. "....... ,~..... Rnd ,''' _... r....I.. '...._1. ....~ ..,04 t' '''''' .:., ,~. ._1" .. 1....1..11. ..,...,¡ ./ ...J ¡..,.¡ '" ,,,. II.""", ,I.., fl." I..' ., I.A' 'oM ""~, ."" r.....'~ I. he., , r. ..rz .,, ,.:tn,'., ,. .., ,,"d. '''.' .s.. ...",.. ......, l..u, _...... ,.... h'&. I. ...~ 1.0...1 'J ..·.a J.,.,¡ ,~. ...... ..,...., ".. ¡""1..' ,1.,... ..I all _ w4e_. ..J /4.1 ..¿ 10"" u (... .i .11 __~_... .....~I I..., .........'" ""-".,-1 Ie D......I.... ". 1088. lfto'I'ovtd S ~.f. jI-r- ¡:¡..cumrn!/I~ SlIlftØ T II ,,«!'ovtd S ..¿J(¡__r~'~~~' ~ .:.~' .;~~.tt :. r(' L.[R CCUNTY CLtlW\ or cc.,,'" ;, I. tit.", tI!II;;;.I. ' ~... p ~ '.. .?~. ,~',~: ~," ,.. """ " '.,." .'.....". ,,·f. 'II'''' p~{~.lIekt "¡¡'(Chl'" H. Ro!»trt\. Trust" .. - , I H....¡.' elf.TIn- ... .. I... ..... w'_ -. .. .._ .... ........... ... ... ..... 01_'" ..., .. ... c:....., ~.. .. .... "'''.''''--''. _.1" ._.... ' c~..J H. Robert~. Trujtee . _ ......." till ~ .~,.....- '. ,..,If .. ...j ..... "I'. _"1 .",,! .... "C ,þ.,.-....,' ... .. I, . '.:'.. ,'" '. '.; ~ .... .' \-.- ~ ,----- ~ ~ J...hL<lt:.. ~.ry l1, þ~: I ~y C~I~$::n (.;Ires; , ,1' ''':1.. ,..,.,-...... ~ ,-" .... fill ,.".' .to . ~.....t .,..." . .......~ .i" '.. '.". .., ...,..... . ,: riti; - .: .~ ~.,'r' . !. ' .,. ~ ~ -..., , I, .:.~. ~ c LI~'; 'iGi,)--!'-¡"'"" ,'. ~., .'..... 5C~:'1"I.'" p.;" - 7.t I,. '1 ,. ':. ~". :.. t '.~ . '-I!: '" 1:'1' .,... ,..... ······r-·- f. 7671 PøtooR-FaxNote TIt ,: CO.IDIøL Phone . , Ilk' n. 8-1.-04; 9:0aAMj~l.nnlng Services :..... 05585706 ,. ,,.. b Agenda Item No. 17C January 11, 2005 Page 25 of 42 Fax' CONDITIONAL USE PETITION PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST Date: \"2..-'-'-_b~ PIaDDer: ~.....~..... \.~ ~ I.. _ Time: \- Ie;:" Project Name: ~_........ .... ~-...~'-.t. ~ <et:.ð.. ~~ , 1 Project AddrlLocatioD: \~ ~ ~"'tI'\o-s..'tc.,Jt....~ ~~ Q-\I .<-. . AppDcaDt Name: PbODe: t.'§\-~5{~C\ c..c..6.~ ~^'--"" ,\~ i'lL".. '- \ , FIrm: Type of Petition: LIo.) CarreDt ZoDiaC: ~ ~ ç - ~ . Owner Name: Owner Address: Phone: Meeting Attendees: ~~ r:~ \.. ~ \..).,f"'&l"-- PI 14r\ £1-Urf:J.: .111~~~ ,/f;,¡,/~ STIIh( tNlPi'iWOlJISÞ ~ ÂIoo...I lL r..... Vr:=- ^ ~ t:: '{"::tt:' ~1oUN. tZ. ~SI;;I2.MAÞ.L 1 ~ _. 7 J ... ,.... \ --B.....~ ___ ~~ \ - q~-066 .¡. q /-b!J'7 pt !::{";f rt I ðo &' ~)WTI'AL REQUIREMENTS: Œ:r . 20 copies of Application, completed ~ One (1) Addressing Checklist signed by Addressing Dept [g../' 20 copies of Prc·application meeting notes ta:'w 20 copies of Conceptual Site Plan 24" X 36" plus (one 8 Ya X 11 copy) Two (2) Copies ofDeed(s) Completed Owner/Agent Affidavits, Notarized eF- t Four (4) Environmental Impact Statement (EIS), or waiver. £:!~~:z..k.c..1 Five (5) Aerial Photographs (taken within the previous 12 months) r - r- Statement of utility provisions (with all required attachments lit. sketches) ""'~ t....þ.JlÔo r~ uu·~" ex '> -, to &.e... 1 ~. ,- t. ;. 5-'0-04; &:09~M;~I.nntnQ $.~vlcee 941 6~6I!H06 *' 2/ oS ~ Agenda Item No. 17C January 11, 2005 Page 26 of 42 o Scwon(7) Traffic Impact Statement (T1S), or waivq /JIA § Four (4) Historical and Archcolo¡iw Survey, or waiver Copies of State and/or Fcdaal Permits !=:=!/ Four (4) Architectural Rendering of Proposed Structure(s) U,( Pre-appJication Fcc 5500.00 (to be credited toward application fee i!application filed within 9 months of meeting) rr..,Fees: $4,000.00* t:r . $150.00 G::V . $300.00 07 . Application Fcc Fire Code Review Comprehensive Plamin, Consistency Review $1,600.00 EIS Review, if required *51500.00 iffiled in corijunction with & r:zone petition OTHER REQUIREM!NTS: n o o o NOTES: µ~..I(¡)MJ'hðlVl j;,~,,~ ~Uldrl /1,1' ("(/ (!tmt~JHð.hIAJ ¡If£. ~~~..I- {)rfJfU.I'';f AJAA. ðýðL-!!Þ'L r #'JmlPt'fH ~ r p I' I > t6 a,¿,.." 't!tjW f(, &.71: (' N'1-ht.~-I- Itl db ¿ I .. (]I"ð I 1 þ H4M.rnIt:U-tAAJ AgentlOwnar Slgnetu~ /t~¿ -¿p- Do..: / 7/y'~ 2 ... . _ .' --------..-.- ÜLON ""O~ ...-0.... .N 0 o -"" Z~N E»Q) Q)'-O> .....<tI<tI -;::¡D... <tiC: -o<tl c:""") Q) 01 « ¡;, /I!; .. ".' .' .~~ I.T .........~ .'·~~_l':'.B:.~.,-o:~~,-··,;~,,"-""f.r' '--W:l'.,--..,,~--..--.......,..::-- .'....._.....>".~... ·e,.,·..-·..._,_......_-..- ... .~,~.._..,........--.....I-"-_'_;'¡O....,,'"Y"';Jõ ... 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".I"-:;.¡J,,..~,;~ i), . ,¡if 5"<~...~~r", ~~-~;i I , .. 'I',lf,'" Yo 'é~' ~'¡'t>Ì ' " -, . I Ii "'~..~~..~r..:-..;1t~ _ ~~t\L \:' - co." ~t.(" $'~~~J"/"'" ~,.:' .,¡i}~'~,-.-¡7""h~.......,.......~...:... ~'>~~~... , I.~.,.., . ~f .l,,,~¡;.'~;p;.f"""---:¡t'~.~. ,;c...~ $;1."""~~~:t?~j.].w~,>~~_oI.vr-,,~·~óJ.-'I"-.!:!. ,'~'-...j¡,.~~(~~. r ~ 1L''''tr ,}i . ~Mi'~: ' ~".:r;U-:".r .rtJc...~hø.lltµ~.J...r Si II~" I~ ~1;.?~~~~1~:~.. ~ ,.~~... tJ,,¡':1-y.o\~~ ~f.br~~·~;JIi-I(l'J~":...c;.. ')--;-~{'~, ~.:"",-~I·~~ -'", t'~~ ."";..: .,::.::.lf~';it.'.t.';11;f'-;;' --- ,," :~~:j ".¡;' "nt_ ""';.!;.r-.,?,,,, ~1;:('~-:;"";--1'¡#~{'k',~;1#.:'\t<.~~\':~:¡ .... ...ò, I '. ^"~4 1>;,. r"I~,.. ~~ ~~~ ~~"'1> ',.f, Þ"~'H~~.. I ~ ;"...¡...~ ,~-'.~ .....' ,,;. "f~ ~~"'.lrlf /o;~ :!:.:.r..;,"" ~.~ J.,: ~?:.Ib';_"".~Sf~~';.<:;__~_.~~?:':&¿.;^i':,--:-.·::2;.;: .~\i~:~;:~.;' ;:;'7~~"~ 2'~~'->~-'~ . .:-.~ ;:-..;..;~ .. 90.t.'ieS9 ~.,.~ ~ Q~~t^~e6 eUIUU.I~!~~eo:e !TO-9~-9 '!", .~ 'J ). ,1 1 ,,~r " '. 5-,~-04¡ e;O~~M1_I.nnlng ..~~I:e. ( .. , , Property Information R.port : CDPRl002- property Informatio~ Report FOLIO NSR 0000000127561008 BLOCK BLOO LOT UNIT 125 .000 PARENT PARCEL 0000000123920009 'tWP SECT STRAP 4.7 04 472904 RANGE 29 USE COCK 70 CLA.SS CODE o MILL AREA 5 SHORT LEGAl. 4 47 29 W1/2 OF NWl/4 OF NWl/4 OF Sm/4, LESS N 30n OR 1317 PG 2128 OWNER NAME BETHEI. ASSEMBLY OF GOD, INC ~1NER ADDRESS 1225 W HAIN ST IMMOKALEB, FLC005' 341423641 FULL LEGAL Di1SCR.IPTION 4 47 29 "1/2 OF NWl/4 O~ NWl/4 OF ~1/4, LESS N 30FT OR 1317 PG 2128 ~c...c....c..~'b~ ~~ Collier County CD-Plug tor windows ~S/~8/NT . .", .,._._.---.".,~.~ 1&..1 elHI !!o70& .. .., Agenda Item No. 17C January 11, 2005 Page 28 of 42 PHYSICAL STRBi'1' LOCATION 1225 WEST MAIN ST . IMMOXALEK 125.0002EO 'l'OTAL ACSC 4.77 XTRA LGt. C1\1'1' o PREVIOUS OWNER HDR. REF FLAG Printed on 12/5/2003 1:0St34PM E'age 1 of 1 ÜL{')N !,--O'<t .-0_ .N 0 Q -0) Z;:N E~& .$roro -:::¡a.. roc: "Oro c:-:> CD OJ 4: __ ,_u._·.,_. 6-15-04; S;OSAM;~ïënñ1ng servlcee ...... I 3.f, . . .I;.~ b · . . . ." ¡~ !.I.LL .LUU.I.I. I ~'lï<;1l' "iÞ~ H · 'I~ .:"¡ - III1 rr 'Ug I:I¡I·I·~"I'=·"I" · ~- ~ . ~ R , .'. 1.1. JL " Ii . . ,ii, . .IJ.I./ ""'1=:1:11 ' ~' "~' .. r-: ' "~ ' " · "II I 1 T I I ! I .-.. !----:. I ,. ~IMS .c Oft . . -.::. , ~ i ~ I~- III J..JJ . ~ ...1 :;J...f ~ · ' · . . . " . i, . . IF · " ~. I . ~ · . i~ . . µ ~.: , " ~ .... "'¡..- W I-- ! '. i' ~ 'DI~I." l:: "II'" ia~ ~~! I--- - '- i~ ¡~ . 1= ..::. · . · . · I ,/'~- !-; · . · " . 'Ii --;; . ;" . _,.D_.' · ," "" .. ... e , " .",,,,--- - , . i ,.. C ,,', I "1 .1.111.1.1 101 ,.,........ ~ I~ / ~Š~ 21.1.1.1.1.1 .1.1.. h · " , . · ! / ~i ~ · . · . · Ii / l2Iï'I"I"~" -I"I"I'} ~ /' _ om'''''', , II.t.I.I.,. · ~~~.. ..- .., , m"I' "~ . T,"I' "'...- t-= ..' ¡.;, ... ,... J'" "1 , - -= · " · " . . I f---- I.I.I.I.f." ,I.f. . V fir ~ I . - I" 'I",/'fii ' "11" · =- ~ ì" "ï" - t:. . ~ , IJ / ·OU:_. ... ~ i I I .' 10 /.:j ',r-vïT . "1-I' ',1" "" .LDI&'i'" , \ ! I ~ : · I I I · , . · , ' I \ I " , ! \1 1 , :r I \ I . , \ nt I \ , \ \ \ \ \ \ , I , , '. .. ............---~" · \ " I . ", . ð ., , ? '. . , '" : " , , , , , I , , . '. I , , \ ~ , , \ 'y: \ / . I < \ '. , I \ . . " " , / ¡ . , I \ I \ I , ~'~ . r; õ1 \ I I a: I I~ ï' . r ... Ti \ /' , ...',......- \. ...... 'II" .... ',J. I..... " /" .....- ... :i 11.. .!. .i.!. .1. , , ./ ¡ F- . .:l . , I! l, 'I... , 'I, / . , I ~- I~ ~ ' \... i i / .... '- j ,,' ---...".....-... . .. ~' ..." i941 65&5705 .. e/ a I I ~ I r:."", I I 51 ~ ø ~ Iii ~ ~ ;i .. :. z~ ! ''1 . J ~ ! rlj ! 8il i ~ : ~' · I r ~ II u... i I IIi~JI~I¡~a I¡U;f) !-..: I I I I . ~ ~ I I. i ii' . ~ I II S D 'i' ; ¡ I i r I i I . : I" i , r I ! i ............ ....., t 1 ......;.~.::::..}y I --I i ! ¡ I I ! ¡-.-- , i i I I I ! / I ¡ I ...~ r.:r ~..~ ..I ¡t;J9A oE-it~ ..,..... .,..... .....-., It ""~ 6:......,........~" "\."'!;.·~=-:tlf. :=:= :;¡~::I Itll... ~I"III' I ,,·....J:'!,l~..~~Jt -::.:: ~ ::'7. ~t ,.." V'fl"" ~.~' ., I' ~·n'::::".":.:r., ..-.¡¡.a.n_....,.._... .......'''1. lr~ ~:t:: ~:~ í! I þ.... ...... .....~ ....,.,,111 RIU~-: .,1tI"t~' ~~ J:~ .:~:: :: ~ I "\-. N-.....' U:A:'n , . L__ _ .__~~:_~.. ~ ,.. :5... ~ ~ ~ ~ ~ ~ ~Q i! Z <~ ;Š 13 0 ~I ê ~ ~~ i:! I ~ ........... i I I - I IIII-d ! I i sH U¡ ; ¡Ii: m~~L!I' I i : ........... I t h'"W'IF 6-,e-o.: 9:0SAMjPlðnnlng Ser~lcee ; ~4 "; EU5S5706 .. 04/ 8 . Age~~~~1~~~ {~~ Page 30 of 42 ADDRESSING CHECKLIST Please complete the following mQ submit to the Addressin¡ Section for Review. Not all items will aDplv to every project. Items in bold n"'De are reauired. 2. description ifmore than one) 3. Street address or addresses (as applicable, if already assigned) 1·Z,:t..£' y.J.. IYI,,\ 14~""" I Io.( WI ~ V Å I c-;::- =I .:34-14.Z. , t 4. Location map, showing exact location ofprojectlsitc in relation to nearest public road right-of-way (attach) S. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) . 6. Proposed project name (if applicable) .:::.. 4.J~vJ <:;,,(""'~.o!'t5'L 1N'11=OI1!!. By:::-ru.=-, .ð.~oo;.C"1'IC'I"'1'I =Þc:;t'?ð J~C:_-CL..l("~ 7. Proposed Street names (if applicable) J 4/..& 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP 9. Petition Type - (Complete a separate Addressing Checklist for each. Petition Type) f~' 'SDP (Site Development Pian) SDPA (SDP Amendment) I SDPI (SDP Insubstantial Change) o SIP (Site Improvement Plan) o SIP A (SIP Amendment) o SNR (Street Name Change) o ~etationlEx.oûc (Veg. Remo . ß1Æ.and Use Petition (Varianc Conditional Use, Boat Dock Ext., Rezone, PUD o Other· Describe: 10. Project or development names proposed for, or already ..llearing in, condominium documents (if applicable; indicate whether proposed or existing) ok) 11. Please Check One: 0 Checklist is to be Faxed Back 0 Personally Picked Up 12. Applicant Name-rr _""'_ilL VJ::1l S L ~ PhoneZ.3Ç-1ri- ~- QC!ÞIR.FaR.:D-sQ. !>-z.. "ðC::) 13. Signature on Addressing Checklist does Dot constitute Project andlor Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number ~C'17 ~_ Address Number Address N~ber Address Number o PPL (plans & Plat Review) o PSP (Preliminary Subdivision Plat) § FP (Final Plat) LLA (Lot Line Adjustment) BL (Blasting Permit) o ROW (RÏghwf- Way Permit) B EXP (Excavation Permit) VRSFP (Yeg. Removal & Site Fill Permit) Approved ~~øDato t~ - 'Z.J.\.-03 Revised 3-21-01 ..~-----~..,",.- --T··-··-....· · Agenda Item No. 17C January 11, 2005 Page 31 of 42 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REOUEST 1. NAMEOFAPPLICANT:3ilã.ïW&ãL. .4SS&:MBL."f OF~c)D:I 'N~ T 2. MAILING ADDRESS: 1ë:.~'5 \We MAl"" S"T.. CITY 'to(MO~L-='C ZIP '34-, ~~ 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): SAM ¡;: 4. LEGAL DESCRIPTION: Section: 04- Township: It-, ~.. Range: <. ~ æ .. Lot: Block: Subdivision: Plat Book. 3" Page #:''-1'-8 Property I.D.#: 472~c~ ."2.5' ~Z.¡;04. Metes & Bounds Description: w.~ 01= N\N .....1 OF t--Jv.I Y. C>~!"IJ.\AJ 14 01= 5~C O(¡.JT.ÆtL5~)IZ.._·¿~~-JC:ou 1r:D C'"~.,' ~!!;;S Þ-l.~ð~. 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM 0 b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM ~ PROVIDE NAME I Nt'-K)/l ÂI J:r::' ~¡;wr=P' \AI~E: d. PACKAGE TREATMENT PLANT 0 (GPD capacity) e. SEPTIC SYSTEM 0 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME \M"'ð~Ui;:S ~¡;:;W"(;P ~ \N'..-n:::-..(' d. PRIVATE SYSTEM (WELL) 0" o g.- O APPLICATION FOR PUBLIC HEARING FOR CONDITlO!'\AL USE - 4/14/03 7. TOTAL POPULATION TO BE SERVED: föo .p~PL~ Agenda Item No. 17C January 11, 2005 Page 32 of 42 . 8. PEAK AND AVERAGE DAILY DEMANDS:- A. WATER-PEAK~~ÞO AVERAGEDAILY 4-o0G;¡PD B. SEWER-PEAK~ AVERAGE DAILY 4-ooc;;P~ 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: N I Â, 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effiuent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COt..u..as:c::-r "1""'0 IE)( & .......... ~eA........,...., .ss:.~ SE.R-\ftCE. ,-0 1 MM0,.....' F~ :sc.~ t ~-rE1!-.. - . . 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer ~yst~~s. ,1:J I.Á. . . " . 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewe~ or potable water services from any provider other than- the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. sé:.æ:" A -rr.ô.c:. ~-Uiiã. D s, A-r6õM E.~'" 'FeOM L t-..If M 0 Þ::.A f-¡;;:s, SEvvG:"2. 4to-L 0 VV4-r¡¡:-e. Utility Provision Statement RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE-4/14/03 --"'r ~7¡22r2eB4 13:27 2391;5831;34 Ir+lOKALEE WATER PA~ I: l r__...ln...._Aqenda Item No. 17C -~w~~1 )!~5 1020~42 Immoblr:r:. F10rida 34142 . · · · · · ~~~ir.,· ....I~ ,r~~" ".:~~',]h I '1-~ .~ -' . .'1)',. ':. "I "'Plio,' , '¡~PÇV~?~;~'~_~W1f¡!f~~~;':~~r\'~:;''.~~. (239) 6'8-3630 FAX (219) 65&.)634 "";';i;~,;: ~~~\'I ~:.;'!.~-< DATE: 1uly 20, 2004 COWER COUNTY OFFICE OF GIlOWTH MANAGEMENT 2800 N HORSESHOE DRIVE NAPLES F1.. 33942 TO BE COMP1.EI"ED BY UTlUTY PROVIDER 0111« tbaa Ca. C:oamy UtiJhlCl Ladie, ..d GtntIemen: Thi81etœr is CCttification that Immolr:a1ee WBtJ!tA:~ Dilll'ict. 1020 Sanltatioß Rolle!. 1..........1ral_. FL 34142 hø Ihe !bJ1owin¡ mnainiD¡ plant capac:ides and hereby a1b1amJ tbi! following ClJ*itie¡ to the p~ a~ o9o'Nr(e) of record noted below: w~ T....-t PJaøt Porab!e Water I!D/P.I_rro..ŒAn.t A Remammc ~ cøpacity B. A'Yailability of capacity .61 MOD l.3 MOD AVAILABLE A V AILABtE C, Sc:Moe Avai1t.bility Lcpl c!oIcription Df the prcperty AVAILABLE A V AILAB!..E 1225 War MaiD Screet IMMOXALEE FLOIUDA. COLUER. COUNTY Dwettiupl .t.1l1iØa.otl COlr'.men:ial Sa.Fr. Number of unitJ: Ad<! Gym. l!lA O'M1eI(S) ofRecon1: Bethel Maembly of God ........................ rl'" , . ,- ., TRAFFIC IMPACT STATEMENT (TIS): Agenda Item No, 17C January 11, 2005- Page 34 of 42 A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: It.t::çua.:::.s-r """"' I v=~ .. MINOR TIS: Generally required for conditional use (and rezone) requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other conditional use (and rezone) requests. A minor TIS shall include the following: 1. Trip Generation: Annual Average Daily Traffic (at buildout) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decellanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable polícies of the Traffic Circulation Element (TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4,4.4, 5.1, 5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development APPLJCA TION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 ---r ..... .. Agenda Item No. 17C January 11, 2005 Page 35 of 42 TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: 1. Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by by the petitioner or the County justifies the use of alternative rates. 2. Trip Assienment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existine Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in tenns of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5. Radius of Develooment Influence (RDI): The TIS shall cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DR! Other (commercial, industrial, institutional, etc.) 0- 49,999 Sq. Ft. 50,000 - 99, 999 Sq. Ft. 100,000 - 199,999 Sq. Ft. 200,000 - 399, 999 Sq. Ft. 400,000 & up 2 Miles 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. ~ Intersection Analvsis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). APPLICATION FOR PUBLIC HEARING FOR CONDlTIOSAL USE-4/J4/03 L- I,',: }, . .- ., 7. Agenda Item No. 17C . Janua!X.'!Jj 2005 Backeround Tramc: The effects of preV1ouslyapproved but undeveloped OlþB~IMf 42 developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This infonnation shall be depicted on a map or; alternatively, ina listing of hose projects and their respective characteristics. 8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Tbroueb Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Proiect Pbasine: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVBIRJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE 4/14/03 Agenda Item No. 17C January 11 , 2005 . Page 37 of 42 RESOLUTION NO. 05- A RESOLUTION SUPERSEDING RESOLUTION 96-373 AND PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR A CHURCH GYMNASIUM IN THE RMF-6 ZONING DISTRICT PURSUANT TO TABLE 2 OF SECTION 2.04.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FWRIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, florida Statutes, bas conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41) which includes a Comprehensive Zoning Ordinance establishing regulations for the ~ning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, bas held a public hearing after notice as in said regulations made and provided, and has considered th~ advisability of a church gymnasium conditional use pursuant to Table 2 of Subsection 2.04.03 of the Collier County Land Development Code located in an RMF-6 Zoning District on the property hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D of the Land Development Code; and WHEREAS, this Resolution supersedes Resolution 96-373 previously granting conditional use approval; and WHEREAS. all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petitio.Q. filed by Frank Veasley of Frank L Veasley, II and Associates, representing Bethel Assembly of God, Inc., with respect to the property hereinafter described as: Exhibit "B" attached hereto and incorporated by reference herein Page 1 of2 Agenda Item No. 17C January n, 2005 Page 38 of 42 be and the same is ~eICbY approved for a church gymnasium conditional use pursuant to Subsection 10.08.00.D. of the Collier County Land Development Code in the RMF-6 ZoJÙ11g District in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D"whichis attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolupon adopted after motion, second and super-majority vote. Done this day of ,200S. BOARD OF ZONING APPEALS COLLIER COUNfY, FLORIDA BY; , CHAIRMAN A TrEST: DWIGHT B. BROCK., CLERK Approved as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney CU-2004-AR-63OO1RW1 I Page 2 of2 ..- .- - -"- Agenda Item No. HC _ January 11, 2005 Page 39 of 42 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6300 The following facts are found: 1. Table 2 of Subsection 2.04.03 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: CU-2004-AR-6300 EXHIBIT A Agenda Item No. 17C January 11,2005 Page 40 of 42 Legal Description Bethel Assembly of God, Inc. Church The West ~ of the Northwest Y4 of the Southwest Y4, less the North 30 feet, Section 4, Township 47 South, Range 29 East, Collier County, Florida. I 1,- Exhibit "B" l T w, . , ~ UlCJN ,.....O~ ....0_ .N 0 o -.... Z;:~ E >oW w....OJ ......roro -:¡Q.. roc: "Oro c:'"") W OJ <C t liE .11 §~ II !:IIJH!)IS3ß '!r.¡~ $3. >¡:JOSS. .... II . J..J-'¡;.]^ " _.~ -.-v......- ..,.. ',I,JIO 61 .... .....·v ........ ',.-u. II .... ~~;-''''''' .. ... .~ -.., - W'\, ~1:IN.ISI!GiI II'In S~O MaN ~ . ~ ..:I .I\"-s ~3 -..... yo cI 'H'fI"IIBI8oI 'Ii 1M)!' -- .... "'U ~ "'.&I _ "'" _ --., .,.. ... . ...__ ... ~- -~ ~~ ¡i:;n ~I ;~~~~ ~ !=:¡-g", 5 ~~; .:~ ~ ~~.. ,~¡: Q _'-Ø:....= ~ ;j§~~ §:d ~ W.or:IV^-ISn) 1t-....._zJ l.::)lW,SIC !!3M3S '" ~3J. VM 33'V>IOI'H'O ... - -... '" ~.r'.MLnCII.r, . .-.:10 DGII~ " ".........,~.AoMrol.~ "\. .. ,. '" .It:. 0.68 S ......- '" .... m... ...,......, .~ '.. R:!IÀ:!IW NIHOR to/tIS ::!I~va O£OO90tOOZ# ~;)'MOHd OO£9-RV-tOOZ-n.::> ~ ¡::::¡ ~ Z . W . I e L: i i i w ~ ¡ I ...J ~ ~ ã . I :; ...J ~ s I . D 1 I I ! I I ¡::Q ! ! ã ä ä j :z >- (/) ... ¡ °e* ~ ~.-, .... ... "'..... I ~ ~..... ~~ ~ <Da ,..: ..... ...~ i i 'r "'<I ~~ . i P o ! I a:: ;- '" ~ I ; <D I .....~ 3 Q ~ .....u I "'Q< i "':J I ~ >- ~5 i! u a:: ..... ::I 0.. / ...';.....a........;....u:.. -.~ ~~ !lIMA.::: J.H:JMI\'f1l ~ .... - _ _ ..' 'T -1i .N':) CU .IØ AmI .n 11' ~-~=~~j- "-~_..:=- ~~.._.. -..... ....,....______=!f=____ _______-=..:.-_-£1 I NU,It'''NPILQ:I ...... Ý :) "/" .LQ¥, .DD'lt . NOU.VIJtl _ iDIUJ-./ : NIJ. It' ,JYN- Ot~ CU t.W'-"" .&ala I ON >tä'" H:lNJB I I EXHIBIT "C" Agenda Item No. 17C January 11, 2005 Page 42 of 42 CONDITION OF APPROVAL 1. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting or height of buildings, structures, and improvements authorized by this conditional use. Expansion of he uses identified and approve within this conditional use application, or major changes to the site plan submitted as part of he application, shall require the submittal of a new conditional use application, and shall comply with all applicable County Ordinances in effect at the time of submittal, including Section 10.02.03.B.3. of the Collier County Land Development Code. I i 1- EXHIBIT D -1 .--- Agenda Item No. 17D January 11, 2005 ~~20f 35 A VPLA T2004-AR6S52 EXECUTIVE SUMMARY Recommendation to approve Petition A VPLA T2004-AR6852 to disclaim, renounce and vacate the County's and the Public's interest in a 15 foot wide drainage easement located on Tract" J", according to the plat of "Stratford Place", as recorded in Plat Book 40, Pages 15 through 21, Public Records of Collier County, Florida, and to accept a 15 foot wide relocation drainage easement on a portion of said Tract "J", located in Section 18, Township 49 South, Range 26 East. OBJECTIVE: To adopt a Resolution to vacate a 15 foot wide drainage easement located on Tract "J" and to accept a 15 foot wide relocation drainage easement on a portion of said Tract "r, according to the plat of "Stratford Place." ~ CONSIDERATIONS: Petition AVPLAT2004-AR6852 has been received by the Engineering Services Department from Norm Trebilcock, AICP, P.E., as agent for the petitioner, Pulte Home Corporation, requesting the vacation of a 15 foot wide drainage easement located on Tract "J". Building 17 was inadvertently constructed 1.9 feet into the platted 15 foot wide drainage easement and the petitioner wants to vacate this platted 15 foot wide drainage easement and replace it with another 15 foot wide drainage easement. The easterly line of this 15 foot wide relocation drainage easement will be located 3.9 feet west of the easterly line of the platted 15 foot wide drainage easement and, accordingly, Building 17 would no longer encroach into the easement. The petitioner owns all property within 250 feet. Letters of no objection have been received from the Collier County Engineering Services Department and from Stratford Place Master Association, Inc. FISCAL IMPACT: Engineering Services Department has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the petition. GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated with this Executive Summary. ~ "·,",,""H'H'''_'_'_··~_···· ' Agenda Item No. 17D January 11, 2005 ~220f 35 A VPLA T2004-ru852 RECOMMENDATION: Recommendation to: 1. Adopt the Resolution for Petition A VPLAT2004-AR6852 for the vacation of a 15 foot wide drainage easement located on Tract "r', according to the plat of "Stratford Place"; and 2. Accept a 15 foot wide relocation drainage easement on a portion of said Tract "r'; and 3. Authorize the execution of the Resolution by the Chairman of the Board of County Commissioners and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 4. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: Rick Grigg, Land Surveyor, Engineering Services Department. ~ ,-.. Agent)a Itom No. 17D .Ianuary 11. 2005 Pag~J 3 ()f 35 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Dlte 17D Thl:; item requires that RII partir.:ipants. be WDrn in and Ex PØne CisrJo5ufa be provided by Commis'SiQn rnembeni. Rer.:omm~ndlltjon to approve Petitio~ AVPLAT2004.AR6852lo dh.clélirn, renounce and va.cate the County's and the Public's interest in a 15 !Clol wjd~ drainõ:lge easem~nl located on Trflrn . J", 3cc.ardinQ ~o the plrJl of ~Slra1fl:1rd Place", as recorder! in Plat Bool< 40, PAges IS thrClugh 21, Puhlir.. Record:; of Collier CQunty, FJorida, and \0 accÐpl a 15 tOQ\ wioe mlocutlon drainage 6ElSeme )t on a porta)/) of sOld 'fr8ct "J", iQr,aled in Sl'Jcti<,11 1 a T ownship 4~ SrJulrl, Rangf. 2ß Easl 1/11/2005 9:00:DO AM Item Number Item Summary Approved By Tkam;'ls E. KliCk, P.F.-. CDES E"gínaflring SltfVlcfIII DI'ttdor 0". Communlly Oeveluprnurlt & F.:nv rl)"m~"\::1I1 Servicr.$ COES Engln~ltring Servic;lIfI 12ffl/2004 12:08 PM Approved By Community Deveiopl'oen1 &. En....lrontnetltal Selvlcel' f:xtÞ(:ut!v~ Sectntary ComlYlunity Development II. Et,o,>I(UI'ml!'ntill Sellli(:i.'!:8 Adm n Dm. Ib.nltnll..r.a 1218/2004 2:11 ~tM Approved By Community Development & Environmental þto,.¡ic.e" Opemtio"" Analyut Community Devlrtopment & Environrmmtal S&rvicelf Admin. DillIe COMeslanet! A. JOhT\1õOI'l 1218120044:25 PM Approved By Jouph K. Schmitt Community De....&lopmertt 6:. EnllitonM'lflntjj ~rvlr.ns ÄI:lmlnstrntQr Out. Curntnu lty Develoþment s.. EnvlrulllnentlllSesrvlc:eH CUll'ltT,un~y D~·JIe'!I)PITI..nt & Euvtrotllnt!'lIhl St!'f\licefl Adm!"'. 12114/2000411:2-1 AM Approved By OM6 Cooldlllutor Admifli$tratfv~ Allilushnf D.rte Coun1y M.na[Jer'$ Off¡c~ Office 01 Managœmð'nt & ßudglrt 12121/20042:42 PM Approved By Mlltrk Isackson Budget An..ly.t 0.... County MantlÇfflr'a Offl(';1!: Offke (tf Manilt 4Irmtl'\t " l1udgflf 12122/20041 :13 PM Approved By Mh:t\'¡lIftl &m'fkoWlOkl t.t¡anngrtmfl"t & B~,dgfll Diwc.lm Onte Cl>ur1ty Manilger'. Qt1'Ü:e Office 01 ,.bnllt~"IUT'lent & Budget 12f22}2004 2:56 PM Approved By James V. Mudd Co\.lI'ty MøfL~gt!r D". Board of County Comml"..¡onerø County Manager's Oftlcn 12/:\01100111 4:39 PM Agenda Item No. 170 January 11, 2005 Page 4 of 35 RESOLUTION NO. 2005- A RESOLUTION OF TIIE COLLIER COUNlY BOARD OF COUNlY COMMISSIONERS FOR PETITION A VPLA T2004-AR6852 TO DISCLAIM, RENOUNCE AND VACATE TIIE COUNlY'S AND THE PUBLIC'S INTEREST IN A IS FOOT WIDE DRAINAGE EASEMENT LOCATED ON TRACT "Y', ACCORDING TO THE PLAT OF "STRATFORD PLACE", AS RECORDED IN PLAT BOOK 40, PAGES 15 THROUGH 21, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A 15 FOOT WIDE RELOCATION DRAINAGE EASEMENT ON A PORTION OF SAID TRACT "Y', LOCATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Norm Trebilcock, AICP, P.E., as agent for the petitioner, Pulte Home Corporation, does hereby request the vacation of a IS foot wide drainage easement located on Tract "1", according to the plat of "Stratford Place" as recorded in Plat Book 40, Pages 15 through 21, Public Records of Collier County, Florida, and to accept a IS foot wide relocation drainage easement on a portion of said Tract "J"; and WHEREAS, the Board has this day held a public hearing to consider vacating the 15 foot wide drainage easement located on Tract "Y', according to the plat of "Stratford Place" as recorded in Plat Book 40, Pages IS through 21, Public Records of Collier County, Florida, and to accept a 15 foot wide relocation drainage easement on a portion of said Tract "r' of said "Stratford Place", as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, TIIEREFORE, BE IT RESOLVED BY TIIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following 15 foot wide drainage easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNlY, FWRIDA, that the 15 foot wide drainage easement, more particularly Page 1 of2 Agenda Item No. 17D January 11, 2005 Page 5 of 35 described in Exhibit "B" attached hereto and incorporated herein, is hereby accepted as a relocation drainage easement for the drainage easement vacated herein. BE IT FUR TIlER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this day of 2005, after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Chainnan Deputy Clerk Approved as to fonn and legal sufficiency: Jennifer A. Belpedio Assistant County Attorney Page 2 of2 OI..C",)I..C",) I"--0M .....0_ .N 0 o -CD Z;:<l> E~g' $ roc.. -::¡ roc: "ro c:-, <l> OJ >-. 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(JI QšI: :0 'V__'"'.-'.-..- r Agenda Item No. 170 January 11, 2005 Page 8 of 35 After recording reIlIm In: (space above this line for recording data) DRAINAGE EASEMENT THIS DRAINAGE EASEMENT (this ''Easementj is made and entered into by and betwe PULTE HOME CORPORATION, a Michigan corporation authorized to conduct business in the State Florida (''PWte''), having an address of 9148 Bonita Beach Road, Suite 102, Bonita Springs, FL 34135 III STRATFORD PLACE MASTER ASSOCIATION, INC.. a Florida not-for-profit corporation (''Mast Association"), having an address of c/o PuIte Home Corporation, 9148 Bonita Beach Road, Suite 1( Bonita Springs, FL 34135 and the BOARD OF COMMISSIONERS OF COLLIER COUNT FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO TE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRIcr, its successc and assigns ("Collier Co\D1ty"). WITNESSETH: WBElŒAS, Pulte is the owner of that certain real property in Collier County, Florida that legally descn'bed in Exhibit "A" attached hereto. WHEREAS, Master Association is the homeowners' association that operates and maintai "Stratford Place", a subdivision located in Section 18, Township 49 South, Range 26 East recorded in P Book 40, Pages 15 thru 21, of the Public Records of Collier County, Florida and as more particu1az described in the Decla11ltion of Covenants, Conditions and Res1rictions for Stratford P1ace recorded in O. Book 3359 Pages 813 ~S!l., Public Records of Collier County, Florida. WHEREAS, Pulte wishes to vacate an existing platted easement and replace it with the easeme descn'bed below and in Exhibit "A" attached hereto, in order to eliminate the encroachment of a buildiJ into the platted easement. NOW THEREFORE, in consideration of the promises, covenants and agreements hereinafter ! forth and in furtherance of the lUIderstanding of the parties, it is hereby agreed as follows: 1. Recitals. The above recitals are true and correct and incorporated herein by this reference 2. EuemeDt GraDt to MasÞ!r AssoclatioD. Pulte hereby grants, gives, and conveys Master Association, a perpetual, nonexclusive drainage easement Ú1 gross ("Drainage Easement'1 tbroU ! beneath, and under that land that is legally descnòed in Exhibit "An. 1ms grant of drainage easement sb; include the Master Association's right and responsibility to install, access, rnamtam and repair all necessa lines, pipes, swales, and other facilities in the Drainage Easement. 3. Easement Grant to CoWer Couatv. Pu1te hereby grants, gives, and conveys to Colli County, a perpetual, nonexclusive drainage easement Ú1 gross ("Drainage Easement'') through, beneath, 8J under that land that is legally described in Exh1bit "AU. This grant of drainage easement for draina; management pmposes is without responsibility for maintenance. 4 BlDdiDll Effect. All the covenants and easements set forth herein are intended to be 8J shall be construed as covenants and servitudes running with the land legally described in Exhibit MAn 8J shall be binding upon and inure to the benefit of each party hereto, its respective successors in intere grantees, and BSSÌgns. Page 1 of2 Agenda Item No. 170 January 11, 2005 Page 9 of 35 IN WITNESS WHEREOF, Pulte has caused these presents to be executed as oftbe day and ye written below. WITNESSES: PULTE HOME CORPORATION ~ I/Jt;·h (Print Name: ~;~'1)lItltf ) N~ (P1Û6t Name: (.Áß\ ,0 ð£'ir- ) By: ~#~~ Richard McCormick Its: Agent and Attorney in Fact STATE OF FLORIDA ) COUNTY OF LEE ) - ~~; ,) I The foregoing instrumCDt was acknowledged before me, this ~of ryr1J11.'^.IX. r ,2004,1 Richard McConnick, as Agent and Attorney in Fact for Pulte Home Corporation, who is (/) personal known to me or ( ) has produced as evidence of identification. (SEAL) LIC Name: v "S (Type or Print) My Commission Expires: 0'7 /ð/ / ð '? . , OLIVER II.AIIII lit c:xJIØœSION 'DO 334514 EXPIllES:JIi( 1,:mI -.....--",.." Maintenanee responsibilities accepted by: STRATFORD PLACE MASTER :~~ Edwin D. S Its: President ~ß~W~ (Print Name: \ ") D~ ) ~t ~ .~ . tNamf: t . ::;; \ ei r I STATE OF FLORIDA COUNTY OF LEE rJ . The foregoing instrument was acknowledged before me, this ~of AJf\,)~,~ bc..r 2004,' Edwin D. Stackhouse, as President of The Stratford Place Master Association, Inc., who is ( ~ persona known to me or ( ) has produced as evidence of identification. OLM!R GLAI8 MY COMMISSION 'DO 334514 EXPIRéS:~ 1, m -",.--",.." ~~ NOT~ y' ~ Name: '(!)(.'.,(,r 6>1...~.:;, (Type or ~t) My Commission Expires: (;;.7 /c, I C( I (SEAL) 4S6979v2 Page 2 of2 --~...._....._--"",,'.~-""".+"-"" "'-'-T~- Prepare(J By & Return To: / Ryan Marshall Pulte Home Corporation 4901 Vineland Road, Suite 500 Orlando, Florida 32811 JIIIIIIII~It~ Page 10 of 35 INSTR , 6285426 OR BK 04JØ7 Pgs 1484 - 1485; (2pgs> RECORDED 85/22/2884 11138:56 A" CHARLIE GREEN, ClERK OF COURT LEE COUHTY f FLORIDA RECORDING FEE 18.58 DEPUTY CLERK K Cartwright PULTE HOME CORPORATION POWER OF ATTORNEY AND GRANT OF AGENCY KNOW ALL MEN BY THESE PRESENTS, that PULTE HOME CORPORATION (the "Corporation"), a corporation organized and existing under the laws of the State of Michigan, authorized to do business in the State of Florida, having its principal office at Bloomfield Hills, Michigan, does hereby effective immediately, constitute and appoint the following employee(s), of the Ft. Myers division, Richard H. McCormick and Nicole Palkowski as its true and lawful agents and additional attorneys-in-fact in [Broward, Charlotte, Collier, Dade, Indian River, Lee, Manatee, Martin, Monroe, Palm Beach, Sarasota, St. Lucie] County, State of Florida, to act for and on behalf of the undersigned corporation in its name, place and stead, and for its use and benefit, in the following respects: (1) Enter into and execute any contracts, agreements, deeds or any other necessary docwnents, instruments or papers for the sale by the Corporation of finished homes or homes to be finished (together in each instance with the finished lot for the home), provided, however, that except for the sale of any lot together with such home, no such Employee shall have any power or authority to sell any land whatsoever; (2) Enter into and execute any and all deeds, agreements, or docwnents relating to common areas and common facilities, any and all other contracts, deeds or other necessary documents, instruments or papers in connection with the sale by the Corporation of finished condominium., townhouse, or duplex units and any land associated with such finished units; (3) Enter into and execute deeds and/or plats of dedication, subdivision, resubdivision and boundary line adjustment; owner's consents; declarations of covenants, conditions and restrictions; deeds or vacation of easements, easements and rights- of-way; performance agreements; maintenance agreements for and over any property owned or under option by the Corporation; re-zoDing applications, proffer applications and amendments and proffer agreements and other similar documents related to the development of real property owned or under option by the Corporation; and (4) Prepare, enter into, execute and file all State Real Estate Department forms, questionnaires, statements, and other necessary and required documents pertaining to the filing with those states of any real estate questionnaires, applications or · Agenda Item No, 170 similar documents or exhibits relating to the advertiseme]lt of real p. \\ 2~g~ developments owned or under option by the Corporation; and a e 0 (5) Enter into and execute development, supplier, subcontract and/or construction agreements for the development and/or construction of and on any property owned or under option by the Corporation. This Power of Attorney shall expire at midnight on January 31, 2009, unless extended or revoked by the Corporation prior to such expiration date. IN WITNESS WHEREOF, Pulte Home Corporation has caused its corporate name to be hereunto subscribed by the Vice President of F!ftance for the ~ea, whose sigru;tureJs acknowledged by two unofficial witnesses, this !l1!L- day of , 'Zn . ~.u- Unofficial Witness PULTE HOME CORPORATION ~~ yan Marshall Vice President of Finance Florida Area ~4..'Al..- Unofficial itness STATE OF FLORIDA ) ) SS. COUNTY OF D~"¡C:tE ) On t--'\l.\l'u.\ q. 1..00 <t . before me, .» I ÞONA ~A... CJ..I!.A.. t:;f<.  . a Notary Public in and for said State,' personally appeared Ryan Marshall, personally known to me to be the Vice President of Finance for the Florida Area of Pulte Home Corporation whose'name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signature on the instrument the entity upon behalf of which the person acted, executed the instrument. {L~.4.- D~ANA M. CABRERA NotIfY PuIII\C . ... Of FIaItdI CommIøIOn tIIDD01 5582 My Convnllllon ExpIrII AP1'114. 2005 Name: I Ä-/J AM, CA a,Q.':R.A My Commission Expires: W'ftf ~ 4 2(.)0,(" I I - o 1.0 1.0 ).. ~8::: ~~~ ~::~ ~~~ ,..--.:0- ¡;;;:;:-:t<: E >.~ !::) <'I~ (1) L~, o.:;:~Q,; - ro!'il... e,., ~\<.¡ -;;; ê1 ~~§ I"C~ ~ ~~~ ¡ ....~a:¡ ~ ~~~ o:::¡ 1t~~ ~ ~ ~~c:: ~ ~g ~~~. e:::::¡ 0.0;: ~~~ ...:¡ ~ ~~§ ~ ~ CO I ~~~ ..... c¡;:~ \Q ....~ c::. .... ~~~¡g §j~L¡: ~8~"1 ~<..J"" ¡SCl:~~ ¡:::~ ~ ~~~~ ....~~~ I I I I I \ \ \ \ I JSJ' ... ... -----.-.--- .-. c." . . I...; ;:j ;:¡" S:\ ...... ..... 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I CJ::¡ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ II ~ III; . r;:¡ .... ~ ~ ~ ~ ~ ~ ~ ~ '0 _.'~ (i) Agenda Item No. 17D January 11, 2005 Page 13 of 35 Attachment "B" PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND ¡:¡Vp/-¡:¡-r Z~ - ¡::¡ 1Z ¿P86Z Date Received: A..J ~\J. t ~ ~Dn4-- Petition #: Petitioner (Owner): Palte Home Corooration Address: 9148 Bonita Beach Road. Suite 102 City/State: Bonita Sprine:s. FL Telephone: 239-498-7711 Zip Code: 34135 Agent: Norman J. Trebilcock. AICP. P.E. Address: O. Gradv Minor and Associates. 3800 Via Del Rev City/State: Bonita Sprine:s. FL Telephone: 239-947-1144 Zip Code: 34134 Address of Subject Property: Not Applicable Location: Section 18 Township 49 S Range 26E Subdivision: Stratford Place Legal Description: A portion of Tract J Block N/A Unit N/A Plat Book 40 Pages (2) 15 thru 21 Reason for Request: Vacate 15 ft Drainae:e Easement and Create Reolacement 15 ft Drainae:e Easement to Prevent Conflict with Buildin!! No. 17. Signature of Petitioner d nsity? No t is petition: [g Yes 0 No /I /lzlo4- I / Date Attornev-in-Fact (Title) Current Zoning: PUD I hereby authorize Agent above to r Steve Kemoton Print Name Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats or Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) If applicant is a land trust, indicate the name of beneficiaries. (2) If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. (3) If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. (4) List all other owners. Attachment "B" Page 1 of 1 T ,,. .. . .... \ ... ~ . ,. . .~. ,.. .. \ . 1: r_1Q¡ã~ .. ~ ....... 'FÞ: . . ~'}'hnmu·. . NtoHoJiao Co1 atioii , qJœ .33$0 Breøt;JDddse Blvd. 'SIdIe 2~ ' 'DaJada, (M'30096 . " ,PJ.~-ad"bv: . . Qu:ñ1a A. fføcbr , Palte. Heme ~ÇorpoÍ'~t1on . , .ù Bloaif1eld Ø1.1ls Pkwy. Ste.200 Ølocmf:l.e1d ·H11ls,· HI 48~2946 '. .~. '. t II' Agenda ItelT] No, 170 .. '.. January 11, 200q , ' . 290ft" . (I: :ilJ11PGt5øsor ... ,11 fill. -. tf.... . UI7J/Zø. d I". "'~"" · . IN,fII '11./ !DIIIII .. .., ..tat IODU mu B"" .. IleI " .' . "' . . JÞÚLTEilOME CORPORAUON POWER OF ATTORNEY ANJ) GRANT 011 AGENCY , ,." . . . ...., . . x:NoW~MBNBY~PRBSBNTS,thatPVLTBHOMB. . CO~ORATlON (tho "CoÌporatiOD", a corporatiOD ~ and ~ 1JD.dcr tho". JaWB' oftl1e State ofMichigaa, 81JfJ¡orizcd to do business in the. Stat8 ofFJoJida, bavfDs-.ifs PincJpaI office ~ Bloomfield Hills, ~hipD, does hOreby eftècdve imtnAðlate1y, '. . OOJIBticuœ aDd appoipt fhc CoIJowiøg cmipJoY,CC(s) Thuochy Muaay, Abby SCaafotd,_ . . ..' -:- ....1CO;"~4u.u....R.. 8~0ri1lidt, JJJll;loffip~ MiJœMe~LauraRay, ~W~~ . :. . NoImãìi"B. Whitó, SåirJoy ThomPson, Robert B. B~npr,.8Dd DoiIPs W. PuvopJ, as " Us,Due 8Dd1aw1b1 ageDts and aeJditiouà1 attorDo~in-1àct in tho Staü'-ofFJorida, to·~ Cor , aDd âo hbaJf of the 1U1dersisDod ~òn in iCs Dame, pJaco ad stead, and.fori1B vie 4' . aDd bene1it in'the following reøpeotB:' . (1) Enter .into aDd exooute any contmoCl, ~, doeðs. or ay od1er DeoeBsary ~. instrumenœ or papeœ' for the 8sJe by 1110 CotporatiOJ1 oCfinillMd bomes or h~ to be ñni.bocf (qedler in each Ûi8taDoe with 1he 1inished Jot for 1110 .home), provid~bowov."., that . axcopt 'fat the sale of any Jot together' wiah, such ~ nó such , BmpJoyee shaD have aøy power. or ·autholity' to seD lIlY land whatsoever;' , " . , I i (2) Enter;pto and execute' an)' and aU deods, agreemonts, O:f, dOOUJDeDts ·relating. to common ørèas and common 1àciIities, øny, aDd aD other contracts, ðeods' or other Decessary documoms,' ÏDBtruøJeId8 or papers in coimectÎOD . with fho safe by the CcXpotátion of 1infsJ1ocf condominium,' townhoUBO, or·duplex ~ and any land associated With . such :õriished WµtB; (3) Enter into 8Dd exepute deeds &DdIor pJats of dodioatioa, . subclivüdcm, rcsubdivisioa and boundaty Jiao' a4jUstm0nt;- ØWDeB 00DSeJ1fS; deo1arations ·of covenants, oonditions aDd residotions; cféCtds or .' í I ~ ... - . . ~~. ' .... ....~...- . .. ' . ~ {t. .1' .' . -', '; ,... Agenda Item Nò, 17D , OR: Jmle Wi_I :.'. ,- , : vaoadoa of easemeøœ, ~and Iføhfø-ol..w.y; ~~~ . ~ ma....-oe .......... for ~ ~ 88)' pvþ«C)I oWIIOcI t!l . ~ opti~, by the 'Co1pòJ8tiOø; ~ appBoadou,' pro. eppJicatiOJJl aad amot!dme.0f8 and prpffer ~ ~ other ~... doomnems related ,to the ~opmeøt of æaJ ptope.rty ownedOJ' uOdet opdon ~y tho Coiporatfon; IUd ' . , .' , ' (4) ,Enter Jato and exooute devéJopmont, supplier, subcoJdract aød1« oonstnJOfiøn ,apoments for'cbø deveJopmåat' and/or ~OD of,and on any property, owned or under optIoa b1 tJao Co1po.ratioø.. 11U Power of Attomoy shall oxpire at midnight on .DOcember31, '2006, mJeu axteÐdNl oriovokçd by fho Co1poration prior to such aXpfration daœ. ". IN. WJTNBSB WBBRBOF, PIi1to HOQ1O CorporadOn'has c8usocl its 00Ip0lIde namo to be heRunto 'subsCribod:by tho Group Vice President ofFiDInce for tho Sou~ Group. whoso sigaaturo js acIaiowIedged by tWO tmo1Bcia1 w.itDeaes, this 28th day of ,'. ... '. " Novomber, ~1.' ' , . '. PULTB ROMS CORPORATION ", .._.. .~. "....-- " ~,i~' , , Teay R. Thomas , GroUp VICO PJasidcatofPDumoo Southøast Otoup ';" ~" ~~. ,.' \\ , '4~~ . .a/aI:~r. U. .. :' .. .' . . .. '. . . . . . . . .' ", J '.. ~..- 4'· · :-.... o '.. t I.' . f .&.' .J . " -. . . /. f I 1 . .. . . . Agenda Item No. 170 . tt. 0I:'ml~ft~?i5e2 *~. SJ'A1B OF' GBÖRÇflA ) . )88. . COUNTYOFGWINNBTr" ) 'On N~ 28, 2(1Ci1. before -- Æ~~ 4~ 8 ~ I'ubIio IoIIIId fa- said Såfe,~ øppoaœcJ ~ Thomas, peøœaJJy bown tome to be tho . Group Vico P.resideat ofPüJtqJOO.for the Southeast Choup otPuJtO Homo CoJporation " whose DaJDe iB .tubøcuõed to Chò witJdn illstiumøAt and lCbo.wlodgec;t fO'zno dlatJae . exeaut«J the same in Ids audIorizod cøpacides, Slid that by Jds sipfdQre on d1e iDstrument . d1eentfty"ìJpoD. bohaJf ofWfDch thopaøon aCted, ~cCUœd Øle ÙI8åWI1Ont . . . . . W1TNBSS my høad aad official seal. . . .. ,0. " '. ~~ó?~~.., .MYComft1~~Bxpbe8: vA~S' . .. . . ......~... . .....1 , f . .. ,,, 10, .. . _ ~'. . ,þ. . ~- .'.J.J j . ..., ~. .~, of...::: . I.. .' .. . ....~ ..... . . or . .4 ,: I . t : · .h' h 6 I_ t ..' ... .t· ,', :.._". "'." .~.. .".. . " ~. # .... . .. " . . :;. . . ". . .. .,." " \. ., ..1.·... . . " .. fl. .. " . ~.. .0- _..,I. ..." , .. . . ~ I¡,~'" .' .. .... . .. t .. . , " /:.., .~,~. . . ...r.... '!'f.1: . . ".".,., . ..: .\.o\A r 6111 ..... :f. . . v ... ,"" . "" '"' " \0" .......:-1' .... ~~ '. "" .' . , 1/'. ,~'" . . IftT....' 0' ~ ,:, ·n v. g;'I'r ,ff) 1 ~ r , ·i. ' : :, :.. : 0..;..../11 ';... , .., ..., .~\<~!lD·Lt~/I.l:. . ~ ~" ....,"'-. ,". .....- ". "f', ..~.,. -'. .......«.. ...... "."'" .,. CO\,,· .... . -"',. '" ,.' 'f' ~ It,,,..,, "UI,I ;, . .. . """"'-1'" _...... _.~tZ . Agenda Item No: 17D January 11 , 2005 Page 17 of 35 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 527873 D~ ~~D~ 11/22/2004 11 :48: 16 AM 11/22/2004 Nbr Appl Name: Q. GRADY MINOR & ASSOC. Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 3800 VIA DEL REY BONITA SPRINGS FL 34134 proj Name: STRATFORD PLACE Type: RMF TAZ: 78 Subdiv Nbr: 100 Project Nbr: 19990403 Payor: Q GRADY Fee Information GL Account 13113832632910000000 Total Amount Waived 1000.00 $1000.00 Payments Total Paid Amount $1000.00 $0.001 $1000.00 $1000.00 I Pa ent Code CHECK Account/Check Number 5669 Total Cash Total Non-Cash Memo: Cashier/location: GARRETT _S 1 1 User: WILLOUGHBY_C Collier County Board of County Commissioners CD-Plus for Windows 951NT Printed:11122/2004 11 :48:40 AM r .......,. 'DII....' ,.,...1If.... ....___. MIl.: ~c:.~.MQtilq ~~(#~ a.1CJEltGOltp.A. -l~DØ.~smm~ KAlUll,JIt Mild :-~~~ ~.,.. - 0IIZImØI07 ~ III2ISNDIIIN "'VN:aaDI - OIIZI~ fI'I"8QIOODD .- ........ ..... ..........-. --.... -- ... - ..,.., tI m.taB .... ae CØWD CIIIMf, r¡ ",ø,2tU at 11.l1li ~,~éIMp CSIIIJ 70 Ja'IIIIIY 11.". DI . ..18 of :tí... ....f. it'lI.H r:amI S.n , tItI: .... CIUID It'll lilt DIDU D r '18 IWIJ n IU" Special Warr.mty Deed This Specfa1 was:nDty Dec:d ..lad CIIIbInd iDio.. at'IbiI ~ lIt,6qofw.,. 2003. Øy P.I11V'" LLC.... ,........ .......~ eoJÇaIO'. ~ wIøe~addras"oIQWhbcoRf~"=-t u..c. 350 NanIa h.II.1k. Suite- 1100, ~ JL 60610, _ P'DLTE 210MB coaPOUrIO.N, . ......,.. aørpordDla,ad wboIe~~11ddrca.il91," Baaita:se.c:hKcd, 9alt.102, BaailaSpriDp..FL 34135 ('\VhIreftr aM haiD. dJo 1mU CIQnaøar" ... ~ å.U iIdøcIe aD r:1f 6e prdes to tùs iIuItru:maDt 1ilD41beir &~.. J8~,"'" _ ......> s 1Ar- '~þ GRANTOR. far..s in-~A. ~ ~ at__ cafTlÞad:NaltOODaØlts('SlO.DØ>8Dd adawPd ad 'fÜI8b!e -.u.-...... 11m rec:eIpt m:I ,l1ð;1ÙIICSy ol.wtddi is hfØbJ ~ :baa 8fID.Ud. t.~ mil df, - b;ytb=te pr:....... ".bÞ&y pat,.... ..I.. fa Grm:á., 1U lad sS:tmD in Co~ Coaaty, P'JaddII, _ de80åbed ÍD. B:rJdMt -AJ' .. .cf __ ad ~ a psrt.beøøt ~~ WŒEhIl1botllQ~. _..~,._Ih: -~~-s.œ~ ~'l'JI1psorfa ~~ rms CONVEYAN'ÇE is mbj=t101bØlluada.i&1& m 7-.".IdWI:B .....~ Isc:røIo mctmá a part hweo£ . TO JU. VE ad tD bakI GMt ...... ÍD .. àçlc fbro¥=:. ~bl:nbyCOftDaD widI ~!bItitk~1IIÍDd afIh~JD."JlalpJe, 'tbIIt tthas good rigbtaad 1awfi:II mfnity10 .u IDd ccrmy1be~ 1!IItithetcby epeç!atJy WIlU~ 1betido 10 the P:t~. md. wiBdafaMt b i1IIIDe....tho J&wihI økiauI dill pII'ICIDS ~rby, 1htw&h cruadet <Jnøtoc. PIlfV.. PULT.£ HOJØC:OUOtt.A.tt:lN W'mDty r:.I.,. 1 aU ÉxHIBIT .3 - Agenda Item No, 170 . JNWlT!œ9S wøuor..GtGx has bn&arÏo let hi hIDd -.... . ðf_ Jq~~ii abow wriØ.eIL - " ." , PrintId "'1\", '.1: c.... - "..~.~ .... ~~,...., at. *1;1 1111iCO KJWI'I)J:;N'l'UL, u.c. .. 'J~ .,........, -.,-wy BIt" Hr.... By.~ . ~F. F, iø Presldcm STA1E OF JI.,I..IM)]3 COUNTY Of ÇOO]( !BE FOREGOING mcIAL W A.B.RANTYtEED WAS A.CX)tOwt.EDGED bc:B:nmemø 2' rU dq of~, 2003, '(,1:a101111n1 F. C'.mma..... . is ~ kDøwn to me. Pøstdmt at ~ Þs1äamtJ. IJ.C, 8I1M.- Hmiœd ~ ~, 1bt SoJ, Wtm:l~ øffIlIV,L.L.c., 1IIl~~ DmitId JIabiIII;!' """'1'"":1'. .. _of"'" """'1""'1- '2"~ CàO' PubBc StIII:t ot'nBDcis ., Lcp ~t/ )q crc:r-la4oc Ð:;pIres: ~ CiotllO' Sal) 'OFFICIAL SEAL- t JOEL G. MEYERS ' Notary PllbfJO. Stat8 of rlUnall .., ~.~f ru·;~ ... 8IIIIJOO4 PAl\' ID i'tIL TE HOME c::oR.POi'.A'tION' w~ Dead.. h,p:Z cr£2 -~KA" Agenda Item No. 170 January 11, 2005 ,:,age 20 of 35 PI ~ ttI DltaIl II"'. - PAItCEL -A "I 1)" 'IBB-NORIB )oS oP Iæ SOUTH K OF TSB NO.tl'I'BEÄST 1/4 OF 1'iŒ SOTJTm!AST 11.. OF SP.C11ON II, ro~-4J Soth'B'. RANœ~ BASt.. cntt.Œ1l COUNTY. P'LOIUDA. .PA1CEL ~ . D" mE SOt1TB ~ œ 11Œ SOf.TlB K OF TFŒ~T 114 OP IiŒ SOtJTHEASr 114 OF SBCI10N 11. TO'WNSBlP..., S(1) lö, RANGE 26 EAn'. COLUErl cotJNTY. F'f...O&JD.A.. P.A.JlCPL -c .1)"' P'R.OM 'ŒS SOU'I'BBAST CORNEIt OF SBC'ItON II. TOWNSaIP <If, ~ .RA.Nœ! 2G EAST. cor J ~ cotJNTY, n.omDA., SIOt1TB Ø034~. "WEST. 32J.H:Æ2t'; 'IBllCBNo.a.m ~SJ'4r WEST 910.29 FØT 10 TBB POJN'I' œ BBGINNJNO; "lB:ENæNOlm!.-06'4'" WEST 977.45 PEIn"; IHENæ NC::IItIB 00034'0" WEST:JS7AI ~ 'IiŒNæ NOJa1I 0-35'19" BAST 976.54 PEEr; nIENCB sot1IH ooa"39'4?-:aA.ST :l79.oJ F.EBT 1'0 TBSPOJNT OP BEOINNlNG. P.ARC5L "'J) . DOl 11m soum ~ OF.1BB NOll'IB K OF T.BB SO'tJ'J.tmAST 114 OP 'tB:B SOt7IBEAS1' 114 O'E SEC'11ON l' TOWNSBIP 49 SO'V'Œ, Jt.AN'Œ26 UsST. COUJSa.COCNIY. PLOltJDA. .t.BSS mE FOLLOWING J)~F.D PllO.P.ID:1Y (t.o-1S RIGRr OP WAY) A p...ucm.. OF LAND IN SEC11O.N 18, TOWNSBIP.oG Sótrnt RANGS 26 &\ST.1«J1œ PAR.I'ICULA1U.Y J'J'SSCRIB.ED AS FOU.OWS: ~AT 'ŒE SOTJTm!AST CORNER OP ABOVES'SCTION 11 AND lWNNOI.'Œ 00"39'46" ~ 65SJJ2 F.EETTO nœ POINT 01 BBGINNJNG; 'I"BENCB SOtJm W34'5I" WEST 323.99 FBBT, IBBNCBNOR.t'H 00'39'49" WEST 1319.19 FEET. THSNCBNORm rMS'2P- BAST 324.00 ÆET; nŒNC8 sotrœ ~9'46" EAST 1319.84 F.EET TO 'IBE POINT OF BBGINNJNG. AND lAZCBL "'A" nm WEST ;S OF THB SOtJ1H!AST 114 Or mE sot1IBEA5T 1/4 OF nœ SOV1BEAST 114, S&:'lION 11, TOWNSaIP 49 SOtrl1l, R.A.NQB 26 EAST. COLUEll COUNTY. fI.OlUDA. - - l.A.ICEL T Agenda Item No. 17D January 1.1, 2005 Page 21 of 35 uœ ~"'T ~ O'I! °nm soom K OF nœ SOUTBEAST 1/4 01 TB! sot1IHBA.ST 114. s:BC'T.[QN ., ¡ t. 1 B. mWNSB1P 49' SOt7'11t':P,A.NGB. 2.S EAST. Cf'I r..Mll OOCM'IY. JI'L01UDA.. PARC!L -c.- ~". . .- mE soutH * œ TSE SCJ'O'1"HWU1' 114 OF T.B:6 SàOtBEAST 114 OP SI5C11CJN II, TOWNSHIP 49 SO'tTl1t J:ANQJ 26 EAn. COIJ..1SR COtJN1Y, :P:L6lUDA. . AND Þ.u.c:EL -c - A· cnœ NOB.m * OF nœ soU'IBWEST 114 OF 'IHB SQtJ'I'HEAST 114 Of SSC'1":IOJ'f 11, TOWNSHIP 4P SOtTI'B, llANGEU JiAST, cor,¡,JJm COUNTY, FLOitIDA. , I I I ,- . J- J ~ : 1 ' I I I. ..", . ... ~2i 2.. ÞarœY .:t 3. PmceZ 4~ 4. Parcel s: S. Pan:1e16: 6. PamaI '1.: 7. Parca11: I, Parce.19: ~. Paœl10: 10. Parœ11h 11. ~} 12: 12. Pø:n:eI U: Agenda Item No. 170 January 11, 2005 P-age 22 of 35 ~.. JÄiDt~~I7~. ít.o.d 1U¡bt aIway,'n.,..;..'9\8r,\d Utility 13....... d1dad ~ 29, 2OÕo. IDI1 reoordat m 0fficW ~ Boo.\: 31H, at Pap 0192, PcbHo lleco.7:ds atCoIHer County, Flarida. . . ltDad Bi¡bt otWq,~Dt:1Ii:tøP IDd t7tJIi1'Y 'F~ dItéd ~ 29, 2000, øM . recar4ed. fa 0fficIa1 Records Book 3 ~ at p... 0189, ~ ~ ot'C~m.r Co1m1y, F1arid&. Roað.Biabt ofWq, D.nåDIþ and 't1t:iDty ~ dDcS ~ 29,2000, qd ~ ÍA 0:8kåId JleøQrds Book 31*, at PIp 0916, PabHc ~ ofCoDicr Coat,y, F1oric1a. Road IU¡Ia otWay, J:)ø:Øso aud t.TtiIit:y Butmcut &taW October' 29, 2000, eel reo«ded ill OfficiIl1 Records Book J 1Jt6, lit Paaa 0913, PuÞ1io Recœds afCoDW Co1mI.y, FkxidL 1load RJPt otWay, Døiup md Vtnity~ c!al:a414arch 11,2003. _ racanIec! ÎI1 omdal Raoords Book33D1,IItPqe :&113. PobUcJteccmfa ofCo11ùr CoPm.Y, F1œida. lloet11tJ&ht of'Wq, DraiDap ad Utility Bu...em da1:Id March 10. Z003. md rOQð&'dect.la 0:fficUlReca:dJ Boot33DB.Iltp.p 31&7, Pa'bIic~ ofeom.. Coøaz:7.l1œ:idL Jœc11U¡bt ofW.,-, I>ra:m.p md t7dJi1y Euema:tt dDd:F1I1n8I:y 11, 2003, aDd ~d 111 omaiI1 boards Book 3301, ItPllp 3191, M& R.eoardI of CoIliQr CoaDtr.l1adcta. Road RiabtofWq. ~ rmd V'ti1it;yP~~åatDd~_l2, ~ 1De!:ecœded In 0fEkia11tec:orda Book 31516.. at hp 0907. Pub& llocordI Of Comer Cøaat;T, FJcdda. 1lcd lU¡ht otWq, 'DrIiDaJO m4 UUJify Euemc!G.t dDd Novem.bcI: 5, 200.2. - reoœJod In 0f5ø!aI ~ Book 3196. It Pap 0910, :PubUc Records ot CoIUet Ccxmtr, fJøricIa. WIImII1't,y PMd d8b!d Aprf]. 2.003, me! RIOCII"4td iD OfñcùJ 1lecoMa Book 3301, If Pa¡e 3201, PabHc R.eccm1I of'CoIlic:r CoImty, :f1orlc5a. .Røad 1U¡ht of Way, I)zúaa¡c aDd Utility Euemeat dIimð Mtnh 6, ZOO3, end recordecf m Of&ia1 R.econh Book 3308, .t Pap 3206, PubUo ~ otCoDier Coumy, FlorIda. SpecùJ WI1:DD1y Deed da1ed Ma,y ZOo 2003, ..4 ¡--.dW in OBicfal RøcardJ Book :1301, at h.P 3210, Pøblil:: ~5 otCoIJiec' Cøunty. f1cdda. i I I Agenda Item No. 170 . January 11, 2005 Spcd&1 WM:raD1'YDeId'dØJ4 Mq '..0.2003. _ ØICIOIdoc! hi OðiolIIf~f 35 ~33~,~32.1"Pu&3e~c(~DitrCoaøty. ~ . . .' Rté~of'W., n..ill~._ CdBIy~ dmdN~ 5, 2002. dl'DCQnSed iø. 0f!kiaJ 1tr:cadI Boot 31'" at PìJe ($04. PaP& Recxris at ColHcr CoaDtr. F1cdda. . " l.ødJU,bt o.fW.,.£~ aùc1 Utbi1r:s.~ cWtð N~ $; 200'2,. d ~ in 0ffI0iI1 J1.ócordI :Boot 3196, lit Pap OSlO!, PüJk IlIcordI C1f Collie Couaf,y, ~ 15. Pøœ'I is: 1lcIIId~ofWIl1, Dmfzaap_.n¡tiIityButm8øtcSâld~21, 2D02, aa4 noorde4 in 0ffIcia.I a.cord.I Book 3~09. at Pap 151. Publi~ JIiÞoot* of cÞlWr CoaDtJ. FJaddL U.- hn:::e1 34. 14. ~15:..¡!,·· 16. r-n:eI 17:. .ao.t1ù¡bt r1fWI.Y, Ð1eiDap ad ~ p.-J«I:Z)IIIft!' daIDd N~ 2, 2002. a4 ~de4 in Offtcia1lt1cofds boók3196, Id: Pap OI~I, MHo ~ c4 Co1&r~, FlcritJa. 11. ~ , I: Røød.:RJ¡bt ofWJ)', DnD:sqe aDd 1'.1ti:Jq :a'-WC'ø ðDd Novembelr:z, 2002, IDII recorded ÌD OfBcØ1 Jlooœ:dI :Bcok 3195, at"" øs, Pub~ :boords of CoIIIa' Cwø:7. F1arida. .. I ...---- 2~· 2004 9:58AM PUL TE HOMES NO. ï6aE nd~rtera~ Ja ~ , Page Collier County tax Collector 3301 Tamlam ~Trall East. Naples. FL 3 ~112-4997 20~ Tu RO'ïiáam OWNER INFORMATION · PROPERTYINFORMA11ON NIft'Ie: PULTE HOME CORPORATION 5CI2OOOO141 II An;IJ IU2 Add.....: 8148 BONITA BEAcH AD 5'Æ 102 . 'IMII TIPPANY LN. NAPLeS lIIIIuIl Address: 'at JFORþ PUœ Addrwe: cr J L&88111AT PORTJON NKA I Mdr8..:/ UIg.r: RY AT STRATFORD PLACS Add...: BONrrA8PRlNGS. PL 34131042t4 !~ON I CONDO PH I CIILDG 2 VALUEleXeMþtlONS I TAX INFORMATION PAY Te"MS PAYMEN1IINFO I MII'ket VaJue:111A2taO J Caunt.v. 8.418.811 I Nov: 1t,01l8.S5 Pilei Dt:II1111M14 I-'~I School at: ,.880.81 I Dell, 11,218.20 , , I MIIIIqe Code:1 Schoolloc: 13.1'13.1t . Jln: t ~.oa u.ch:1I0I I I Homeltd Ex:11O C1LY TIDC: 0.00 f· FIIb: 1 1,115.. Pavrnt1l19.181.S5 Aorlcltr Ex: B CeDllndt: 1.252.39 I MIt: 11.814.74 Mortl18OCl311 WcIow EX: WIlier. 117.18 I. AÞr. 0.00 STATUS .IIFO. Blind Ex: 0 Indeend: 1.701.41 I , MaY. 10.00 DiRbIId: 0 Voter Aþpr. D.DO I ' Now Due: .00 ~~ Veteran ex: a Oroes TM; 18,884.7. , WhoIIv Ex: 10 ADDr fee: 10.00 DeferNd: N II CIvilian E)c: 0 Advel1lllnø: 0.00 I, E!anJavat: N i,' " TDA: 10 EXTRA LEGAL .NI'ORMA11ON AND 3) AS DISC IN OR SMII PG _ PH 2 (BLDIJ 2T & 28) 7i~ IN Oft 3802 Pel 483. PH a (BLDG 28) AS ~~IN OR 38ft PG 1_ ÞH $ (BLDG 13l: AS ÞESc IN OR~:G t Al.IO LeSS THAT PORTION NKA COVI!N'1 :A.T 8TRATPORD PLACE SEC110N II ONDO PH 1 (BLDG 2 AS C IN OR H4I pc; 3745 -- Last Updated: 11/tkv2004 S :OOpm , , r , , ,I I:: ~ " ,I I:' I; , I 1 I" I: , Iwww.COUiertax,COmIRecordDetai1.asp7FOliom-f,S020000141 11/19/2 --..------.. .. ... .,. 1:\ ... -.-.... .1.. . , I 'I NOV. ht1p:1. ~117D I f,~2005 24 of 35 004 ...._....1-~....:. - '. ......~...: ". ...... '. '. .,.' i,,:/' \ l..u.....···~ ¡ ! . .U_......._.h.._.._nu.................·.... /'H~ ...~. ........,...n......~.!I!!.....................··..··......·· ..n.... I. :!j ŒJ [!] Œ'J Œl {!j ~ . I ŒJ i D.E. \,., , .{', '-.....~ TAACT J ('0 /" .......... "-- . .' :-·....·"l:.'..·......,···..·.. ..~ I ~ \.~..'~CTL \\ \ \\... 0) \, ~ \"'" ) .. \'" ! . . ··..._..........n.' _....._....... ~ ',--- ..... TAACT P (j) .... I;) \~e- TAACT G(i) . '\ X PROPERTY APPRAISER 1'ORMA TION SYSTEM i / \ ~ i , I i \ \, \ \ i 1 ! I i3 I ,11- - ~ J ,....1"""7.7.... ....!.~... .n'J~..______.. .....!~... .. I ¡ ..._....1...~1~..... ..n..!!'!!.... ..1!!. .~. ...J.... I -2 ¡Z-) j jj-L ,......"\::E............... !w I !Cf.) .......J<...n.......... ¡w jw : (!) ...._.J<...~~... ...~,~.... ....... ...... -' . ........"...,.._.................u.......... _........... n...·..· !<C 1~ .. io d 10 .~ \,.- j 1 i ! L.........::.::.:.........:·.L.. ...~'n.:": ...:..:.:. Agenda Item No. 170 I ;@ ~ 8 881.22 105 1110 1110 2 ~ 3 ::-: II '14 I ~1 r~) (JJ \....) :t ¡ - \...-' .......... ....... ,.-...- 15 .... . 16 ~~ì " _. "', J ~j ~J: ' 17 o "€I ç, :1:) ( ) ¡ \ \ j \1 \ \ " FJ ¡-...:...c;:;......----- ....--......ø'...... ..;" \ (;)=1 9 tJ ......... .::i::.~....~::..............- ....--.. ................ :__._.....~....................n._..... ; 7 ¡" ,.---- ~. .~/ AiB'siiÑÑh 18, S .:=""~ ' --1 lAKE DUNES ŒJ ŒJ ì ~,I } TRACT L· 5 (i '\ j' .¡., I:: , ' , .... , .,.........................................:...../- TAACT F · ..~ o ŒJ " - I DISCLAIMER NOTICE __ cp_c¡au,e CXIUNIYI'IICPIIIIY_racuM _LMKIIY__TIOH__MI)DØ18 1GI'_1HI_OP....._TION . ___c¡au,e00UNTY..-env-- lIIII'IICIIIUCm-,:,v- ~..._._,--~--............-.._- Agenda Item No. 170 January 11, 2005 Page 26 of 35 .' ~ _. -_._,- -"- -_. -. -.--..-.--- .-- H_COpy OF PLAT' "STRATFORD PLACE" P.B.40, P.15 ~ .." ,,- .. '" ,. J,'... DEDfCA TIONS AND- ,RESERVATIONS STA TF: OF FLORIDA ) ) SS: COUNTY QF COLLIER ) KNOW ALL MEN BY THESE PRESENTS THAT PULTE HOME CORPORATION, A MICHIGAN CORPORATION, THE OWNER OF THE HEREON DESCRIBm LANDS, HAS CAUSED THIS PLA T OF STRA TFORD PLACE. A SUBDfllfSION LOCA TED IN SECTION 18, TOWNSHIP 49 SOUTH, RANCE 26 EAST, COLLIER COUNTY, FLORIDA, TO 8E MADE AND DOCS HEREBY.. ' A. /JØIØATØ TO THIl .TIIA"OIIÞ fll.AC6 ..,. AØOCIA ~ IIIC.: I. TRACT "A" AS A P~/VATE ROAlJ RIGHT-OF-WAY (R,O.W.), SUBJECT TO THE EASCMENTS DEPICTED HEREON, J'I/11i RESPONSIBILITY FOR MAINTENANCE. ' ' , 2. TRACT "G" AS AN OPeN SPACE AREA, SUBJECT TO THE EASEMENTS DEPICTED HEREON, lfillJ RESPONSIEJlLITY FOR MAINTENANCE. J. TRACTS "W" AND "X" AS OPEN SPACE AREAS SUBJ£dr' TO THE EASEMENTS DEPICTED HEREON, M1l:i RESPONSIBILITY FOR MAINTENANCE. 4. TRACTS "E~ "D· AND "F~ AS OPEN SPACE AREAS AND RECREA T70N AFrEAS. SUBJECT TO THE EASEMENTS D£PtCTEO HtREON, !!fll. RéSPQNSI8IUTY FOR MAINTENANC£. S. i'f?ACrs "L-I~ "L-2~ 'L-J" &: L-5 FOR LAKES AND WATER MANAGEMENT AREAS, SUBJECT TO THE EAS£MEN TS OEPlCl'£D HEREON, 1t/.IJ:1 R£SPONSlBIUTY FOR MAINTENANCE. 6. TRACT "P~ AS A PRESERVE: AREA AND COMMON 'AREA, IT $HALL BE THE PERþ£TUAL ffESPONS/8N...ITY OF STRA TFORD PLACE MASTER ASSOCIA T7ON, INC., .Y4If:i MAINrE:NANC£ ReSPONSIBILITIES. EXCEPT FOR RESTORA TlON. CRfA 7JON, ENHANCEMENT. MAINTENANCE AND MONITORING ACT7V1T7£S, OR SURFACE WA TER MANAGEMENT IMPROV£M!NTS. 'MilCH AHE PER'M/TTED OR REQUIRED BY Cf)UNTY, STA TE AND F'£DERAL PERMITS, THE FCJl.LO'IIJNG ACT7V1TI£S ARE PROHIBITED IN OR ON THE PRESSRVE ARfA: a. CON$TRUCTfON OR PLACING OF BUILDINGS, ROA.OS, SIGNS. BILL8QARQS OR OTHER ADVERT7SING, U77L1T7tS OR OTHER STRUCTURES ON OR ABQVE: THE GROUND; b. DUMPING OR PLACING OF SOfL OR OTHER SUBSTANCE OR MA TERlAL AS LANDFILL, œ {)lJMPING OR PLACING or TRASH. WASlF, OR UNSlGH77. YOR OFFENSIVE MA TtRfALS; c. R£MOVAL OR D£STRUCTION OF TR££S. SHRUBS. OR OTHER VEG£TA TION. EXCEPT FOR THE REMOVAL or EXOTIC ' OR NUlSANC£ VEG£TA TION IN ACCORDANCE WITH A DISTRICT APPRO~D MAINTENANCE PLAN,' d. EXCA VA T7ON, DREDCfNG OR REMOVAL OF LOAM, PEA T GRA VEL, SOIL, R()CK, OR OTHER MA TER/AL SUBSTANCE IN SUCH MANNER AS TO AFFrCr THE SURFACE; 6. SURF A C£ USE £XCEP T FOR PUf?POSES THA T PERMI T THE LAND OR 10\Æ"1? AREA TO REMAIN IN ITS NA ruRAL CONDITION; . , ' , f. ACT/V/T7ES DrmlMENTAL TO DRAINAG£, FLOOD CONTROL, WA TER CONS£f?¥A T7ON, EROSION 'CONTROL, SOIL CONSERVA nON, OR ASH AND WILDLIFE HASITA T PRESERVA nON INCL~G, BUT Nor LIMITED TO, DITCHING, DIKING AND FENCING; <, g: ACTS OR USES D£TRIM£NTAL TO SUCH AFOREMENTIONED RETENTION Cf LAND OR HlA TER AREAS,' . 'h. ACTS OR USES 'M-fICH AR£ DETRIMENTAL TO THE PRESERVA T70N or tft£ STRUCTURAL INTEGRITY OR PHYSICAL APP!ARANC£ OF S/ÆS ()R PFroPEfWES HA VTNG HISTORICAL. ARCHA£OLOO/CAL, OR CUL TURAL SIGNIFICANCE. --t:>-7. ALL DtrAINAGE EASEMENts (0.£.) AS SHOWN, FOR WA rEf? MANAGEMENT PiJRPOSES,' 1t1I1:f RESPo'NSlBfLlTY FOR MAINTENANCE OF ORAINAG£ FACJ¿IT7ES, 8. ALL LAKE MA/Nrt:NANCé EASEMENTS (UlE.) Ji111j' R!SPONSlfJIUTY FOR MAINTENANCE. 9. ALL IRRlCA rlQN CASEMENTS (I.E.) 1r1J1:f ResPONSIBILITY FOR MAINTENANœ. Agenda Item No. 170 January 11, 2005 Page 27 of 35 __..__._~_ ·0 COpy OF PLAT "STRATFORD PLACE" P.B.40, P.15 I \ I L_ I. "ArI",'" OØI.J.IØ øt!MI1Y WA.,..... ..".r: ' ,. ALL COLLIER COONTr WJ.ŒR-st~R U71L1'(Y éASEMfNTS (C.U.f.) AS SI-/()WN; FOR THE PURPOSE or CONSTRuC77NG, INSTALLING. MAINTAINING AND OPERA 77NG ITS FACIU71£S WfTHOUr RCSPONSfSrt.1TY FORMAlf·tf!NA~ OF SAID C.U.E. 2, ALl. WA 7ëR AND SEwtR UTILITY r.t.dLlTlfS CONsrRucTttJ WITHIN SAID OEÔ/CA TéD EASEMeNTs. U¡:iON ACCfPrANCE OF IMPROVEMENTS RfQUIRE:D 8Y THE APPLICABLE LAN/) Df'ÆLOPMtNT . REGULA 71ON$. C. __A,.· to 0ØLIJÐt ~ I1'Ø ",... AII1J TIIIl t(Î í#tIIl/AIt.MI PIlI 0ØII't1IØL ÞlllTlllCT·: ,. A NON-EXCWS¡vt ACctSS fA$£MfNT (AC.) OV£R TRACT "A" FOff THE s(Jl[ PURPOSE or PERMITTING EMERG£NCY AND OTHrR SERVf.C( 'ÆHICL£S TO CAIN, AèCfSS TO ALL LOTS AND TRACTS WI'JHOur RESPONS¡ FQF? MAIN TëNANct, . Þ. fJItJI()A,. TO ØOlJMí QO#M1Y: ,. AN ACceSS fAstMËNT (A.t,) OV£R TRA,CT "A "ONL Y FOR GOVERNMENTAL. vEHICLES IN THE . EXtCUT1ðN OF TH!JH {)(J7t£$¡ INCLUDING Bur NQr LlMIr£D TO EMERŒNCY MEDICAL S£RVtœs. FIRC DEPART'Mt.NT stRVlŒ. AND UTILiTY S£RVlCE, ¡l,f7HOUT R£:SPONSfB1UTY FOR MAINTENANCE. --Þ 2. ALL DRAIN/{CE EAsrM~NTS (O.f.) AS SHOWN óN THIS PLA T FOR DRAINAGEMANAG£MENT PURPOSES, MTHOUr RrSPONSJ8II.ITY Fok MAfNTENANtE. .' J. ALL COUNTY U71L1TY fAS£JÆNfS (c.U.£.), WITHOUT R£SPONSISILlTY FOR M/IINTf:NANCE. 4. ALL LAK£ MAINTtNANC£ E:ASE:MENTS (L.Mt.) P'OO STORM WA TER MANAGEMENT PURPOS£S AS SHOWN, Wf'Tt1OUr R£sPONSlBIUTY FaR MAINÆNANCE. 5. TRACT .p~ AS A PR!S£IfV£ ARtA SUBJECT TO ALL £ASEM£NTS AS RECoRD!D rN O.R. B()OK J04&, PAGE t KfTHOUT R£SPONSJBfUrr roR MAIf-(7'£NAN(;t. & 1fØOA'" 1'Ø AU L/QIAJIlJI ØI'~ /IIMUC.' 0It MIVA,.. cnvtWIC .....,. JO .-v.c'flOlll IV,. ",.... : T. À NON-E)(CLlJSlV£PU8UC urlttTr £Ásru£NT(P.u.£.IAND A NON-£XCUJSlV£ ACCESS éA~M£NT (A.£.) . AS'SHOWN ON THIS PLAT f'()1f PUBLIC UTILITY PURPOSES, INCI..UOING INSrALLA77ON.. MAINTENANCE, ANt> OP£I?A TION ()F THOR RE:SI'EC77V( rA elLl 77ES, . INCLUDING CABLE' TELEVlS/ON SERVlœs, PROVtD£D THAt SUCH U5tS 8£ SUBJtCT TO, AND NOT INCONSISTENT WITH, THE USE 8Y THE COLLIER C'()f)NTY WAT£R-S£lif"h DISTRICT. IN THE tVfNT A CABLE COMPANY DAMAGES THE FACIL/17ES OF ANOTHER P.UBi./C U77LJT'Y. IT WILL fiE SOLtL? RESPONSIBLE FOR SAID DAMAG£S. F, DllØlÞA" TO ALLJ/IMJIIØTY ø_ : r; ÀN ACceSS £ASEMENr(A.£.) O\ÆR AND ACROSS TRACT "A~ WITHOUT RESPONSIBILITY FOR MAINTENANCE. 2. AN ACcESS tAStMENT (A.E.) OVER AND ACROSS TRACT "J~ WITHOUT RESPONSl81L1TY FOR MAINTfNAC£ AS DEPfCtto Ht:RrON. a /JØICA Tf TØ NIII1tII/IIIT ..."" AaotIIA TIC'.tIC lID.. "' ~ ". A.... . f. TRACTS "C~' "Y" ANDØZ", AS OPEN SPACE: AREAS AND DRAINAGE EASEMEN~ sUBoÆcr TO THE £ÁSEMENl DEPICrtD HEREON, Jf!.IJ:f. RESPONSIBILITY FOR MAfNrENANCE. H. DtIDICA rr 10 ."" ..-AL IfIIJIIJè: 1, A TEMPORARY ROADWAY £AS£MENT OVER AND ACROSS A POR77ON' OF mACT "J" ASDEÞICTE:D HERtON.FÒ} CQNSTRUCTlON, TURNAMUND AND MAINTENANCE PURP()Ses. PULTE HOME CORPORA nON ioWt4 eERESPONSI FOR MAINTENANCE UNTIL FINAL ACCEPtANCE BY COLLIER COUNTY OF THE ROADWA Y AND 'THE CONS~UCT£¡; OF' WHIPPOORWfLL LANE. UPON FINAL AeCEPTANC£, COLLIER COUNTY ~LL Bf RESPONSI8LS FOR MA1NTtNAIv THIS TeMPORARY ROADWA Y EASeMENT WILL AU TOMA TleALL Y TE:RMfNA Té AND fXPIRf UPON Tf-/E FUR1'HER ACCEPTANCE 8Y COLLIER COUNTY OF THE SOUTHERL Y EXT£NSfON OF WHIPPOORWfLL LANE. Agenda Item No. 17D January 11, 2005 Page 28 of 35 -" .----..------.- COPY OF PLAT "STRATFORD PLACE" P.B.40, P. 15 I. ..It.", 1U. 7T __ ØCMPCtfA ~ "' MJCCØ«IU,.AND A.... 1. AN ACCESS EASEMENT (A.£.) OVER AND ACROSS TRAcT "A ~ WITHOUT RESPONSIBILITY FOR MAINTENANCE. --þ- 2. ALL. DRAINAGE EASEMENTS (D.£.). WITHOUT RESPONSIBILITY FOR MAINrE\IANCE. J. ALL LAKE MAINTENANCE EASEMENTS (L.ME), WITHOUT RESPONSIBILITY FOR MAINTENANCE. 4. TRACTS "J" AND "R_2u. FOR FUTURE DEVELOPMENT. SUBJECT TO THE EASEMENTS DEPICTED HERroN. 1I11l:i RESPONSIB/LlTYFOR MAINTENANCE. . 5. PeRPETUAL NON-EXCLUSIVE TECHNOLOGY UTlLlTY£ASEMENTs (T.U.E.) AS SHOWN HEREON FOR THE PIJHr'OSES OF WITHOUT LIMITATION. GAS. TELEPHONE. TELECOMMUNICATIONS, CABLE TELEVISION. SECURITY AND SIMILAR SYSTEMS. CONSTRUCT1NG, INSTALLING. OPERA TING. MAINTAINING, REPAIRING AND REPLACING UTILITY SYSTEMS, I.\CLUDING SUCH EASEMENTS BflNG RESERVED TO PUL T[ HOME C.:JriPORA llON. MAY BE GRANT£D OR CONVEYED TO THIRD PARTIES AND MA Y. BUT NOr NECESSARIL y. BE PERPETlJA.,L AND IRREVOCABLE. A T WHICH FOINT SUCH TECHNOL.OGY UTILITY EASEMENTS OR INTERESTS SHALL BE MORE PARTlCULARL Y DESCRIBED IN THE INSTRUMENT GRANTING OR CONV£YING SUCH EASEMENTS OR INTERESTS. ALL RIGHTS AND INTEREST, RESER/.J OR LA TER GRANTED PURSUANT TO THE TECHNOLOGY UTILITY EASEMENTS HEREON SHALL BE' INFERI( l' AND SUBORDINA TE TO ANY RIGHT OR INTEREST PURSUANT TO THE EASEMENTS D£DICATFD ABOVE. ANY USE PURSUANT TO A TECHNOLOGY UTILITY EASEMENT MUST NOT INTERFERE It1TH ANY USE PL?SUANT TO THE EASEMENTS DEDICA TED" ABOVE. IF THERE IS A CONFLICT BETWEEN ANY EXISTING" OR PROPQSED USE PURSUANT TO A TECHNOLOGY UTILITY EASEMENT, THEN ANY FACILITIES, EOUIPMENT OR USE ?URSUANT TO A TECHNOL.OGYUTILlTY EASEMENT WILL BE MOVED. CHANGED OR TERMINA.TED A T THE EXPENSE OF THE HOLDER OF THE T[CHNOLOGY UTILITY EASEMENT IN ORDER TOREMOV£ ANY ·SUC'-i CONFLICT. EXCEPT AS PERMITTED BY PUL T[ HOME CORPORA TlON. ITS SUCCESSORS OR ASSIGNS, IN AN INSTRUMENT GRANTING OR CONV£YING A TECHNOLOGY UTILITY EASEMENT, ALL FACfL 7f'S CONSTRUCTED OR INSTALLED BY ANY OF THE GRANTEES OF THE· TECHNOLOGY UTILITY EASEMENTS DESCRIBED ABOVE SHALL. BE UNDERGROUND, 6. AN ACCESS EASEMENT (A.E.) OVER AND ACROSS TRACT HJ~ "WITHOUT ?£SPONSIBILlTY FOR MAINTENAC[ AS DEPICTED HEREON. ':",~~-'~~=-:,~" .:.....-:.:. . ~ TRACT "L-2" SHEET 5 OF 7 +.1 ':"1", ~ T~I ;! -i- 1 \ ; , I ' :'itl, S \ ~ ~:. ;¡181~:;'1:2 g -- \ -i-:--\i......"-~ , I I i , I ¡e> Ol-'",¡ C"Ji,;!- ;.:¡ t, ~ 1'- t,- t,- I , I µJ-+ , I ·I! ¡ ¡I', : I,') . ':.:J I ¡-J :::;; \. C';, I C) - ,,~ t'- t,- i /:" I {,- t'- O:J O:J ~ , I I ¡I' I : I I I i I ,1, i ---. ,: I ' : I ~ ' " ' i I 'I ! ,..."... ~,"i- "'..... t" ·-1.....''"'. ' ,-. ~~...... '-' .......... ....'\"-' ! c6 c:, I C'j c:, c: e:: ~e:: I :.") ! - +---j"-1- --, i ! : i , 1,,' I ~ I. ,..... '~J I r.'j 'It:r l~":' ..¡: II...... ~ ::ç """ -.,,-. --\..... -1......-- 1",,;.. .....\ I _.J ..... ...... -. ¡...... ""'. , ,I I TRACT "L-1" í Eq6fSMe ..J¡- '"TO ð= V t=lc.~.E:.D \ II' TRACT" J" --J-I - - - - - - - _!- HENlEY - - --~------- - --STRŒT --------- TRACT .. J" SHEET 7 OF 7 ----h= I ¡ , , _-=-:L ~~ ....;.-----"'"'!'.- -"". ~"........... ¡Jnda Item o.~D January 1 I ~5 \ Page 9 <lÐ5 I I . ¡ l~ I I I j ; i ---- - Cöï:jY-ÖF PLAT "STRATFORD PLACE" P.B.40, P. 16 :r... : e... t.,.) ~ V) l" ~ .~ "- .. . .-. >.. ~ c.r. \.,.J '- :.;, ~ . ~ a e... {..) ~ .ElL / // --.. .._~.__.- - ""~."-'~'-"" ~ ~ ~'- - T ¿l.t!./J~ t,. (jJ(j)1V¡1:í-~¡? :;.I);:!"£!.¡t:.!Jtßil..lJ M. .1 < t ,L;" \....... ~ lL_.~,t X'. :1 Agenda Item No. 17D January 11,· 2005 Page 30 of 35 MATCH LINE-SEE SHT. 5 OF 7' N N B9'20'25" E . 113.4/ N 89'20'11" £ r 476.00' T RA C T "L - 1 " (LAKE, L.M.E., D.E.) ¥-/ 20' _AKE \1".INTENANCi:: .ÄND )~AII\AGE EASEM~NT f e ~5e.ME:J.J.Ï" '10 as V RC. ç::(T' ED 1500 .â.J fUTURE DEVELOPMENT) - - - - - -~Ff ~Ì'. ¡'~ 21 c~. 2 '~I'~I: ~ ~1 N ~ 0 c') !~ J ';~ ~Il 21.43' -=-= - 10' P U.E, lliE - - - - 25~ ~c _ -=- _ -=- _ ~ -=- _ _ ~ld - - - 19ë.:3'4' - - - -, r - --- S 89'27'17" W 240.02' ,r¡ N B9'27'17" E 190jl34' N S 89'27'17" W 1£?9~9' C16J - - - 8 - HENLEY STREET in (A.E., C U.E., P U.E. S 69' _ -'90.34'_ _ _N _D__E.. T.U.E.. ~)_ _ _~. _ ....!J~.[ 2.l..±3~ _ _ . . _ . ~ ~ _U.E.. T.U._E. _C160 - - 10.3.02 -....... c, ---- -------...... ~11' ~" \\ "- ~' TRA CT "J" (FUTURE DEVELOPMENT) ----- ~'Jo!- 21. 43' ~16? TRACT "J" ie, S 69·.3?'58" W 514.96' . .. - _. -----_.- ---- - -.. .. - - ----·COpy OF PLAT "STRATFORD PLACE" P.B.40, P.21 Agenda Item No. 170 January 11, 2005 - Page 31 of 35 Q. GRADY MINOR & ASSOCIATES, -P.A. Civil Engineers. Land Surveyors . Planners MARKW. MINOR, P.B. NORMAN J. 'l'RBB1I..COCK. A.I.C.P., P.B. C. DEAN SMITH, P.B. DAVID W. SCHMl'IT, P.B. MICHAEL J. DBLATE, P.B. MATI'HBW J. HBRMANSON, P.B. November 12, 2004 D. WAYNE ARNOlD, A.I.C.P. ROBBRl' "BOB'" THJNNBS, A.LC.P. maMAS J. GARRIS. P.s.M. STBPHBN V. BURGI!S6, p.s.M. ALAN V. ROSEMAN Mr. Robert C. Wiley, Principal Project Manager Collier COlUlty CommUIÚty Development 2800 North Horseshoe Drive Naples, FL 34104 RE: Sttatford Place Coventry Building 17 Drainage Easement Vacation and Replacement Dear Mr. Wiley: The purpose of this letter is to address the issue of V&CRting and replacing a drainage easement on the above referenced project. This is necessary to avoid a conflict with the subject building number 17 lUlder construction. If this is acceptable, please sign this letter as provided stating you have no objection to our proposal for vaca.ting the attached easement and providing a replacement easement to compensate for the vacated easement. I have no objection to the proposed vacation of lake maintenance easements as described in attachment drawings B-2950 and B-2951. ~~ ~rincipaJ Project Manager II-I¿-O¢- Date Very truly yours, ~~~ Nonnan J.~bilcock, AICP, P.E. Enclosures F;\JOIJ\Whippoorwll~J£ill.~~~~l2:tl~Z,5..1 RobcrtWllcy Nov 2OÒ4~'tlê1l(éf. Bõñi~spifñ8s, 1\fIiJon\LellelNoObj- 151 WWFPX T Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers . Land Surveyors. Planners - Agenda Item No. 170 January 11, 2005 Page 32 of 35 MARK W. MINOR. P.B. NORMAN J. 'I'REBß..COCK. A.I.C.P., P.E. C. DEAN SMITH. P.B. DAVID W. SCHMl1T, P.B. MICHABL J. DELATB, P.B. MA'ITHBW J. HERMANSON, PA November 12,2004 D. WAYNBARNOID,A.LC.P. ROBBRT "BOB" THINNES. A.LC.P. moMAS J. GARRIS, P.5.M. STBPHBN v. BURGESS, P.s.M. ALAN v. RœEMAN Mr. John R Houldswort:h, Senior Engineer Collier County Community Development Engineering Review Services 2800 North Horseshoe Drive Naples, FL 34104 RE: Stratford Place Coventry Building 17 Drainage Easement Vaca1ion and Replacement Dear Mr. Houldsworth: The purpose of this letter is to address the issue of vacating and replacing a drainage easement on the above referenced project. This is necessary to avoid a conflict with the subject building number 17 under construc1ion. If this is acceptable, please sign this letter as provided stating you have no objection to our proposal for vacating the attached easement and providing a replacement easement to compensate for the vacated easement. I have no objection to the proposed vacation of lake maintenance easements as described in attachment drawings B-2950 and B-2951. .1% 11W~.{I^ John R. ouI orth, Senior Engineer IJ<ð~ Date Very tnùy yours, ~ .{lk Nonnan L AlCP, P.E. Enclosures F;\JOB'WhIp lOOlWIII-~)~~~~9-L~d~~~iiion\1.ellclNoObj- John Houldswot1h Nov ~ia Del Rey. Bonita-spïiñgs, FIõridäYii34-"7s'69 ;'ËijLB 0005151 WWFPX Agenda Item No. 170 January 11, 2005 Page 33 of 35 Stratford Place Master Association, Inc. C/O IPM 3425 10th Street North, Suite 201 Naples, FL 34103 November 5, 2004 NormanJ. Trebilcock, AICP, P.E. Q. Grady Minor and Associates, PA 3800 Via Del Rey Bonita Springs, FL 34134 RE: Stratford Place Coventry Building 17 Drainage Easement Vacation Dear Mr. Trebilcock: The purpose of this letter is to state that the Stratford Place Master Association does not object to the proposed vacation of the subject drainage easement and provision for applicable replacement drainage easement. 7¿ø~ Edwin D. Strackhouse President Steve Kempton, Pulte Home Corporation C:\Documents and Settings\cerichse\Local Settings\Temporary Internet Files\OLK2AE\Master Association Letter of No Objection.doc WLPC Map Output Agenda rf~CNb.ofrb January 11, 2005 - Page 34 of 35 http://arc.collierappraiser.com!servlet!com.esri.esrimap.Esrimap?ServiceName=ccpa_desi...ll/29/2004 .-..., Agenda Item No. 17D January 11, 2005 III111I1111111111 FLORIDA DEPARTMENT OF REVENUE pm~~=~RJf ~~i:e RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY ACCEPTABLE (PLEASE READ INSTRUCTIONS ON THE BACK OF THIS FORM BEFORE COMPLETING) 1. P,roelld,_"onN",,,, ÏQj[jŒJrnffï[IT[j[TI@Ë] öü~~TIöõ r (If ParcellD not available ~:~~:~~~~~~ p~erty [1]~§]~0¡g~~Œ] ~OJDDDDDDDDDDDDDDD Transaction is a split Property was improved 2. Mark (x) all Multi-parcel 0 or cutout Irom 0 with bulldlng(s) at time I\7f that apply transaction? -+ another parcel? -+ of saleltransler? -+ ~ 3, Grantor (Seller): ¡:~..lL -rEi: 1-Jð,1A'::::; 1""'"- JZ: ~~ q..":J(~1..1 Last First MI ~orporate Name (il applicable) gl..å4e ~AlI'"MQ ~l:=c.o-.IoJ J2n.::U"' .e;;.. 1I"""¡:::'lo~eml..'fì'9~l:'D'''''/~.FL... '34-1 ~e;(z"?!II.).tfJ,/:l.pj-'17J I Ma ling Address / State f Zip Code Phone No. 4. Grantee (Buyer):/"JV J . ~c."UJ..'tTY i!!!:NJ~Ð1= CL,. /Al"""'" C!:b_hIfll-5,<!!'IÐAlE:.~<' Last First MI Corporate Name (If applicable) ~I ~¡"t /a.MI ~L ~;-I A/J4.ø,~ Ft..., '34/17. (7.-:&J1) 7'14.- ACR'T Mailing Address City State Zip Code Phone No. 5. Date 01 SalefTransfer SalefTransfer .Prlce ~[ï] / [1][1] / ~~~~ $DDODD[)]D@ · [Q]OJ r:::ln ~ŒJ~~~n~ty~d:nRev.r&e) Month Day Year (Round to the nearest dollar.) 6. Type of Document 0 Contract/Agreement t\7f Other 7. Are any mortgages on the property? If "Yes·, YES 0 / ~ NO for Deed JðJ outstanding mortgage balR: D ~:~anty D g~Ck9.im (Round to the nearest dollar.) $ U D D[J D D[J D D IQ] g] 8. To the bHt of your knowledge, were there unusual circumstances or conditions to the saleltransler such as: Forced sale by court order? Foreclosure pending? Distress Sale? 11tle defects? Corrective Deed? Mineral rights? YES 0 / r\7I NO Sale of a partial o( undivided Interest? Related to seller by blood or marriage. 1ðJ 9. Was the sale/transfer financed? YES D / ø 'NO If "Ves·, please indicate type or types 01 financing: O D Agreement or 0 D Conventional Seller Provided Contract lor Deed Other 11. To the beat of your knowledge, was personal property included in the sale/transfer? If "Yes~, pleese state the amount attributable to the personal property. (Round to nearest dollar.) 12. Amount of Documentary Stamp Tax Government Vacant D D 0 $DDD[JDDODD · ~ $DDD[JDDDD[9.[1][9 13. If DQ.1a.K is due in number 12. Is deed exempt from Documentary s~mp Tax under s. 201.02(6), Florida Statutes? YES D / 0NO Under penalties of pe~ury, I declare that I have read the foregoing retum and that the facts stated In It are true. If prepared by someone other Lthan the taxpayer, his/her declaration Is based on aU information of which he/her has any knowledge. Signature of Grantor or Grantee or Agent JZ. ,.-,1/. ~ ~/"'"""47- Date I-J I-n~ WARNING: FAILURE TO FILE THIS RETURN OR ALTERNATIVE FORM APPROVED BY THE OEPARTMENT OF REVENUE SHALL RESULT IN A PENALTY OF $26.00 IN ADDITION TO ANY OTHER PENALTY IMPOSED BY THE REVENue LAW OF FLORIDA. Residential ~ Commercial o Industrial D Institutlonall Agricultural Miscellaneous o D YES D / Ø,NO Acreage Timeshare o Cents [Q]DJ 10. Property Type: Mark (x) all that apply (To be completed by the Clerk of the Circuit Court's Office) Clerks Date Stamp O. R. Book DDDDD and DODD Page Number and OODDODDDDDDDO File Number Date Recorded DO/DO/DODD Month Dav Year WHITE COpy TO DEPARTMENT OF REVENUE OFFICE CANARY COpy TO PROPERTY APPRAISER