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Ordinance 2005-10 ~v18810771' Os , :.?, I!» " \ ~ ~ I -lIAR 2D05 lWi \ REIIIV[D (' ~~ ~,~ 9è'~Kttt.1,/ ORDINANCE NO. 05- 10 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S) NUMBERED 8630N AND 8630S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICUL TURAL AND THREE "PUD" ZONING DISTRICTS TO ONE "MPUD" MIXED USE PLANNED UNIT DEVELOPMENT KNOWN AS MALIBU LAKE MPUD, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (SR-846), ADJACENT TO AND EAST OF THE INTERSTATE 75 RIGHT-OF-WAY AND WEST OF TARPON BAY BOULEVARD, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 178.6 ± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-49, MALIBU LAKE PUD, ORDINANCE NUMBER 99-89, BRENTWOOD POO, AND ORDINANCE NUMBER 90-7, CRESTWOOD PUD; AND BY PROVIDING AN EFFECTIVE DATE. "..-~ ~ c..:.;-) " ¡~:" _.~ . r.,' -..". - ~n f',,) ¡ , r r-- , f"J _.,- ,---, C', '" ! :...J :þ~¡-q WHEREAS, D. Wayne Arnold of Q. Grady Minor and Associates, representing Brentwood Land Partners, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property pertaining to Petition PUDZ-2003-AR- 5168. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 30, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural and three "PUD" Zoning Districts to one "MPUD" Mixed Use Planned Unit Development District in accordance with the MPUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps numbered 8630N and 8630S, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 99-49, known as the Malibu Lake PUD, adopted on June 22, 1999 by the Board of County Commissioners of Collier County; Ordinance Number 99-89, known as the Page 1 of2 Brentwood POO, adopted on December 14, 1999, by the Board of County Commissioners of Collier County, and Ordinance Number 90-7, known as Crestwood PUD, adopted on January 23, 1990, by the Board of County Commissioners of Collier County are hereby repealed in their entirety and replaced with the forgoing regulations. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County r' I - ) Commissioners of Collier County, Florida, this ./t1 day of . ./ j' / '/ , / '1, 2005. J BOARD OF COUNTY COMM~SIONERS COLLIER COUNTY, FLORIDA ATTEST: . l. :,', ¡ DWIqµ:t .E"BRðC~,(CLERK ( . ~. .' ", . , BY; FR~~:C~ PUDZ-2003-AR-5168/MJD/sp Page 2 of2 MALIBU LAKE MPUD A MIXED USE PLANNED UNIT DEVELOPMENT PREPARED FOR: KITE DEVELOPMENT 30 SOUTH MERIDIAN STREET, SUITE 1100 INDIANAPOLIS, IN 46204 PREPARED BY: Q. GRADY MINOR & ASSOCIATES, INC. 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 AND RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 N. TAMIAMI TRAIL, SUITE 300 NAPLES, FLORIDA 34103 EXHIBIT "A" DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC - 2/22/2005 ORDINANCE NUMBER- 2005-10 G:\DeRuntz\AR-5168 Malibu Lake PUDZ\2-24-05 pud (clean),doc TABLE OF CONTENTS PAGE 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 COMMERCIAL SECTION V DEVELOPMENT COMMITMENTS ii 1 1-1 2-1 3-1 4-1 5-1 EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" EXHIBIT "0" EXHIBIT "E" EXHIBIT "F" EXHIBIT "G" EXHIBIT "H" EXHIBIT "I" EXHIBIT "J" L.lST OF EXHIBITS CONCEPTUAL MASTER AND WATER MANAGEMENT PLAN DIRECTORY SIGNAGE DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING DEPICTION OF PROJECT ENTRY SIGN DEPICTION OF PROJECT ENTRY SIGN LEGAL DESCRIPTION BOUNDARY SURVEY PROPOSED 1-75 RAMP RIW DECLARATION OF DEVELOPMENT COMMITMENTS II STATEMENT OF COMPLIANCE The development of approximately 178.6 ± acres of property in Collier County, as a Mixed Used Planned Unit Development to be known as the Malibu Lake MPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial and residential facilities of the Malibu Lake MPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The commercial portion of the subject property is within the Interchange Activity Center Subdistrict Land Use Designation as identified on the Future Land Use Map, as described in the Activity Center Sub-District of the Urban - Commercial District in the Future Land Use Element. The Future Land Use Element permits a full array of commercial land uses in this area. 2. The subject property is located on the southern side of Immokalee Road, in the southeastern quadrant of 1-75. This location allows the commercial site area access for the location of highway interchange land uses, as permitted by the Future Land Use Element and access to a signalized intersection at Tarpon Bay Boulevard. 3. The subject project has access onto Immokalee Road at a signalized intersection. This access point is a designated access point on the Collier County Access Management Plan, as described in Policy 4.6 of the Future Land Use Element. 4. The residential portion of 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. 5. The residential project area is located within the Residential Density Band around the Interstate 75 - Immokalee Road (C.R. 846) Activity Center, as described within the Density Rating System of the Future Land Use Element. 6. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 7, Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objectives 2 and 3 of the Future Land Use Element. iii 8. The projected density of 5.00 dwelling units per acre on the residential portion of the subject MPUD is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density Activity Center Density Band Maximum Permitted Density 4 dwelling units/acre +3 dwellina units/acre 7 dwelling units/acre 9. All final local development orders for this project are subject to Chapter 6 and Chapter 10, Adequate Public Facilities, of the Collier County Land Development Code. IV 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 Malibu Lake MPUD. 1.2 LEGAL DESCRIPTION The subject property being 178.6± acres, located in Section 30, Township 48 South, and Range 26 East, with the legal descriptions provided as Exhibit "G", 1.3 PROPERTY OWNERSHIP The subject property is owned by: Brentwood Land Partners, LLC 30 South Meridian Street Suite 1100 Indianapolis, IN 46202 Target Corporation 1000 Nicollet Mall TPN-12D Minneapolis, MN 55403 AmSouth Properties Department 3000 Riverchase Galleria #1600 Birmingham, AL 35244-2372 PR VI, LLC 350 North La Salle Drive Suite 1100 Chicago, IL 60610-4726 WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, FL 34134-4920 I-I 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the south side of Immokalee Road, adjacent to and east of the Interstate 75 right-of-way (unincorporated Collier County), Florida. B. The northern 37.1± acres of the subject property are designated for commercial land uses and includes lands zoned Crestwood PUD, Malibu Lake PUD, Brentwood PUD, and approximately 3 ± acres of A, Agricultural zoned land. The southern 141.5± acres of the subject property are designated for residential development. At the time of this rezoning approximately 1± acre of commercial development has been constructed. Approximately 708 residential units have been constructed. C. At the time of this rezoning the subject property was zoned A, Agricultural and PUD (Crestwood PUD, Brentwood PUD, and Malibu Lake PUD). 1.5 PHYSICAL DESCRIPTION The project site is located within the 1-75 Canal Drainage Basin according to the Collier County Drainage Atlas. The proposed out-fall for the project is the existing canal along the eastern property line. Natural ground elevation is approximately 10.2 to 13.9 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system for the project proposes the construction of a perimeter berm with crest elevation set at the 25-year, 3-day flood stage. Water quality pretreatment is proposed for the on-site lake system prior to discharge to the existing canal, located along the eastern MPUD boundary. Utilization of the wetlands for discharge (no storage) of the design storm improvements is included as part of the design. Discharging into the wetland preserve areas will improve the hydro-period. Per Collier County Soil Legend, dated 1998, there are four types of soil found within the limits of the property: #2 - Holopaw Fine Sand, Limestone Substratum #11 - Hallandale Fine Sand #14 - Pineda Fine Sand, Limestone Substratum #21 - Boca Fine Sand The site vegetation on the undeveloped portions of the project consist mainly of pine flatwoods and cypress/cabbage palm wetlands. The site has been 1-2 extensively invaded by exotics (Le. Melaleuca and Brazilian Pepper). Approximately 140 acres have been developed with commercial and residential uses. 1.6 PROJECT DESCRIPTION The Malibu Lake MPUD is a mixed-use project comprised of 37,1 ± acres of commercial land uses on the northern 1200 feet of the subject site and the southern 3950 feet of the site is designated for a maximum of 708 residential units on the remaining 141.56 acres. More specifically the residential portion of the mixed use PUD is comprised of: the 48.1-acre northern residential area, a 49.1-acre middle residential area, and a 44.36-acre southern residential area The residential units are developed as a variety of residential dwelling types. An approximate 10-acre tract within the northern residential area may be developed as an adult living facility or nursing home, with approval of a conditional use petition. For each acre allocated for development as an adult living facility or nursing home, a minimum of 5.00 units shall be subtracted from the 708 residential units permitted within this PUD. Recreational facilities will be provided in conjunction with the dwelling units. The commercial and residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture themes, quality screening/buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Malibu Lake Mixed Use Planned Unit Development Ordinance". 1-3 SECTION" 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 Malibu Lake MPUD 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 Malibu Lake MPUD shall become part of the regulations which govern the manner in which the MPUD site may be developed. D. 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 MPUD 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 Chapter 6 and Chapter 10, Adequate Public Facilities of the Collier County Land Development Code. 2-1 2.3 DESCRIPTION OF PROJECT DENSITY AND INTENSITY OF LAND USES A maximum of 708 dwelling units shall be constructed in the residential areas of the project. The gross project area within the residential areas is 141.56± acres. The gross project density shall be a maximum of 5.00 units per acre. Unless ownership of all residential parcels (Parcels "B" through "M") is consolidated, Parcels "B" through "M" as described on Exhibit "G" of this Document shall be prorated residential units based on the percentage of their respective acreage to the 141.56± acres designated for residential areas unless units are specifically allocated by the Board of County Commissioners to the northern, middle, or southern residential areas. Residential units may be transferred across parcel boundaries upon formal agreement of the property owner transferring the units. For each acre allocated for development as an adult living facility or nursing home, with approval of a conditional use petition, a minimum of 5.00 units shall be subtracted from the 708 residential units permitted within this MPUD. A maximum of 37.1 acres of land shall be developed within the commercial areas of the project and the maximum square footage permitted within the commercial areas shall be 330,000 square feet. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The actual development of the residential portion of the property and/or subdivision of the residential portion of the property can occur in any configuration and is in no way limited to the configuration established by the identification of parcels set forth on the MPUD Master Plan. However, the types of uses identified on the MPUD Master Plan shall be as set forth in the general configuration illustrated graphically on Exhibit "A", which constitutes the required MPUD development plan. Any division of the property and the development of the land shall be in compliance with the uses identified on the MPUD Master Plan, Chapters 1 ,4 and 10, Subdivisions, of the Land Development Code, and the platting laws of the State of Florida. B. The provisions of Chapter 10, 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 insaid Chapter 10 prior to the issuance of a building permit or other development order. 2-2 C. Appropriate instruments shall be provided at the time of infrastructural improvements regarding any dedications 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 Chapters 5 and 10 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 other requirements of Chapter 5 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. A Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 22 of the Collier County Code of Laws and Ordinances (Code), whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. B. All other provisions of Section 22, Excavation, of the Code. 2.7 DEVIATIONS FROM LAND DEVELOPMENT CODE REQUIREMENTS. A A deviation from Section 5.06, Pole or Ground Signs, to allow a directory sign for a multiple occupancy center with five or more tenants (in lieu of eight or more tenants). B. A deviation from Section 5.06, Pole or Ground Signs, to allow a directory sign on a frontage without an entrance (lmmokalee Road frontage). C. A deviation from Section 5.06, Wall Mansard, Canopy, or Awning Signs, to allow a total of 706 square feet of wall signage on north elevation of the proposed Super Target Building and a deviation to allow five wall signs on the north elevation of the Super Target building. 2-3 O. A deviation from Section 4.06.02 of the LOC, which requires a landscape buffer to be provided þetween platted commercial building lots, to permit a zero foot setback between buildings and no landscape buffer(s) between separately platted tracts, when buildings are connected as those in a typical shopping center configuration. 2-4 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", MPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the MPUD shall be 708 units. Approximately 10 acres within the northern residential area may be developed as an adult living facility or nursing home upon approval of a conditional use petition. For each acre allocated for development as an adult living facility or nursing home, a minimum of 5.00 units shall be subtracted from the 708 residential units permitted within this MPUD. 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 (includes duplexes). 3. Multi-family dwellings (includes villas, coach homes, carriage homes, townhouses and garden apartments). 4. Any other use deemed comparable in nature by the Development Services Director. 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, children's' playground areas, tot lots, boat 3-1 docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Water management facilities. 7. Recreational facilities, such as boardwalks, walking paths and picnic areas, within the natural habitat preserve areas after the appropriate environmental review. 8. Supplemental landscape planting, screening and buffering within the natural habitat preserve areas after the appropriate environmental review. 9. Any other accessory use deemed comparable in nature by the Development Services Director. C. Permitted Conditional Uses and Structures: 1. Adult living facilities and nursing homes (only in the Northern Residential Tract). 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Malibu Lake MPUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a private drive, the setback is measured from the back of curb or edge of pavement. (a) Carports are permitted within parking areas. (b) Garages are permitted at the edge of vehicular pavement. 3-2 STANDARDS Minimum Lot Area (per unit) Minimum Lot Width Front Yard Setback Side Yard Setback 1 Story 2 Story 3 Story Rear Yard Setback Principal Structure Accessory Structure PUD Boundary Setback Principal Structure Accessory Structure Lake Setback (7) Preserve Area Setback Distance Between Structures Main/Principal 1-Story 2-Story 3-Story Accessory Structures Maximum Heiqht: Principal Building Accessory Building Minimum Floor Area TABLE I RESIDENTIAL DEVELOPMENT STANDARDS SINGLE-FAMIL Y 5,000 Sq. Ft. 40' Interior Lots (1) TWO-FAMIL Y 3,500 Sq. Ft. 70' Interior Lots (1) (35')(2) 80' Corner Lots (40')(2) 20'(3) MULTI-FAMILY & ALF NA for M/F & 0.45 FAR for ALF NA NA 20' Greater of 7.5' or 1/2 BH Greater of 10' or 1/2 BH Greater of 12.5' or 1/2 BH 20' 20' 20' 10' 10' 10' NA (4) NA (4) 20' (6) NA (5) NA (5) 10' 20' 20' 20' 25' 25' 25' 15' 20' 30' 10' 50' and 4 stories for ALF only 40' and 3 stories 20'/Clubhouse 35' 1 bedroom = 650 Sq.Ft. /2 bedroom = 900 Sq.Ft./3-4 bed- room = 1100 Sq. Ft. (l) May be reduced on cul-de-sac lots. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a two family structure is on an individually platted lot. (3) Fifteen feet for homes with side entry garages. (4) Fifty feet for single-family and seventy-five feet for two family homes measured from the common boundary between the canal easement and the eastern MPUD boundary. (5) Where applicable, twenty-five feet less than the principal structure. (6) Two-story or higher buildings shall have a minimum setback of eighty feet from the common boundary between the canal easement and the eastern MPUD boundary. All principal buildings shall have a minimum setback of one foot for each one foot of building height as measured from any MPUD boundary. . (7) Lake setbacks are measured from the control elevation established for the lake. 3-3 50' Corner Lots 20'(3) Both 5', or 0' & 10' Both 5', or 0' & 10' Both 7.5',or 0' & 15' Both 5', or 0' & 10' NA NA 10' 15' NA 10' 10' 15' NA 10' 35' and 2 stories 20'/Clubhouse 35' 1200 Sq. Ft. 35' and 2 stories 20'/Clubhouse 35' 1100 Sq. Ft. B. Off-Street Parkina and Loadina Requirements: As required by Chapter 4 of the Land Development Code in effect at the time of building permit application. C. Open Space Requirements: 1. A minimum of sixty (60) percent open space, as described in Subsection 4.02.01 of the Land Development Code, shall be provided within the residential portion of the MPUD. 2. Each residential site development plan submitted to Collier County shall demonstrate that development of the MPUD is in compliance with the minimum sixty (60) per cent open space requirements. D. Landscapina and Bufferina Requirements: 1. A berm, rock, wall, fence, or combination thereof may be provided by the developer adjacent to the Interstate 75 right-of-way. Such buffer may have occasional openings to provide glimpses of the project from Interstate 75. In order to maximize security and minimize impacts on existing trees, fences or walls may measure up to eight (8) feet in height of any berm/wall or berm/fence combination. 2. If landscape buffers are determined to be necessary adjacent to preserve areas, they shall be separate from the preserve areas. 3. If a natural habitat preserve area is shown along the northern boundary of the residential area, where it is adjacent to the commercial area on the MPUD Master Plan, and the preserve area vegetation meets the planting requirements of the normally required buffer, a buffer shall not be required in this area. E. Architectural Standards 1. All residential 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 project. Exclusive of single-family detached homes, all buildings shall be 3-4 primarily finished in light subdued colors except for decorative trim. Within multi-family portions of the project all roofs, except for carports, shaÌl be peaked and finished, in tile, metal or architecturally designed shingles (such as Timberline). Within any single-family portions of the project, all roofs shall be peaked and finished in tile, metal, or architecturally designed shingles (such as Timberline). 2. All pole lighting, internal to the project, shall be: architectural- designed, limited to a height of thirty (30) feet, and similar architecturally to one of the lighting fixtures shown on Exhibits "C" or "0". F. Si!:ms Signs shall be permitted as described within Chapter 5 of the Collier County Land Development Code, except as described in the following instances. 1. Up to two (2) ground or wall signs shall be permitted at each main entrance to the residential portion of the MPUD and shall be located within the residential areas of the MPUD. Such sign(s) shall contain only the name of the entire 141.56± acre MPUD residential project, names of individual communities within the MPUD project, and insignia or mottos of the development. Such ground or wall sign(s) shall be similar architecturally to one of the signs shown in Exhibits liE" or "F" and architecturally compatible with the unified architectural theme of the entire MPUD (as described in Section 3.4E. of this MPUD Document). Said ground or wall sign(s) shall not exceed a combined area of sixty-four (64) square feet, and shall not exceed the height or length of the wall upon which it/they islare located. 2. Two ground signs shall be permitted along the western MPUD boundary. Such signs shall contain only the name of the entire 141.56± acre MPUD residential project and shall be architecturally compatible with the unified architectural theme of the MPUD (as described in Section 3.4E. of this MPUD Document). Exclusive of landscaping, such ground signs shall not exceed an area of twenty- four (24) square feet. 3. A residential identification and directional sign shall be permitted in the vicinity where Tarpon Bay Boulevard interseèts with the existing frontage road along Immokalee Road. Such sign shall contain only 3-5 the name of the entire residential project, the names of the individual communities within the MPUD, and directions to such. Such sign sh'all be architecturally compatible with the unified architectural theme of the MPUD (as described in Section 3.4E. of this MPUD Document) and shall not exceed an area of twenty-four (24) square feet. 3-6 SECTION IV COMMERCIAL "C" 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Commercial "C" designated areas shown on Exhibit "A", MPUD Master Plan. 4.2 GENERAL DESCRIPTION Commercial areas designated on the MPUD Master Plan are intended to provide commercial, warehouse, wholesale, and office uses 4.3 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. Amusement and recreation services (Groups 7911,7933,7081). 2. Apparel and accessory stores (Groups 5611 - 5699). 3. Automotive dealers (Group 5511), auto supply stores (Group 5531), convenience food stores with gas pumps (Group 5411) and gasoline service stations (Group 5541 automobile service stations only, with services and repairs as described in Chapter 5 of the Collier County Land Development Code and excluding truck stops _ retail. Diesel pumps may only be provided for automobiles and trucks of 1 ton or less capacity.), boat dealers (Group 5551) and motorcycle dealers (Group 5571). 4. Auto rental services and car washes (Groups 7514, 7515, 7542 only for automobiles and trucks/buses of 1 ton or less capacity). 5. Building materials, hardware, and garden supply (Groups 5231- 5261), including home improvement superstores. 6. Business services (Groups 7311, 7313, 7322 -7338,7361,7371 _ 7384). 4-1 7. Depository an~ non-depository institutions (Groups 6021-6199). 8. Eating and drinking places (Group 5812, 5813) and drinking places (Group 5813 only cocktail lounges in conjunction with a restaurant.) Outdoor dining shall be permitted subject to parking and fire code requirements. 9. Educational services (Groups 8211 - 8249 no exterior instruction of motorized equipment, 8299). 10. Food stores (Groups 5411, 5421, 5431 except roadside sales _ Group 5499). 11. General merchandise stores (Groups 5311 - 5399), including warehouse clubs and discount retail superstores. 12. Health services (Groups 8011 - 8099). 13. Holding and other investment offices (Groups 6712 - 6708). 14. Home furniture, furnishings and equipment stores (Groups 5712 _ 5736). 15. Hotels and motels (Group 7011). 16. Insurance carriers, agents, brokers, and services (Groups 6311 _ 6399,6411). 17. Legal services (Group 8111). 18. Membership organizations (Groups 8611,8621,8641,8661). 19. Miscellaneous repair (Groups 7622 - 7631). 20. Miscellaneous retail (Groups 5912, 5921, 5932 (antiques only) 5941 - 5949, 5992 - 5999 except auction rooms, monument and tombstone sales). 21. Movie theaters (Group 7832) and video tape rental (Group 7841). 22. Museums and art galleries (Group 8412). 4-2 23. Personal services (Group 7212 dry-cleaning and laundry pickup stations only Groups 7215, 7217, 7219 - 7291, 7299 car title and tag service and tanning salon only). 24. Professional offices, research, and management consulting services (Groups 8711 - 8748). 25. Public administration (Groups 9111 - 9661). 26. Real estate agents and managers (Groups 6512 - 6552). 27. Security and commodity dealers (Groups 6211 -6289). 28. Social services (Groups 8322 only adult day care services, counseling services, and senior citizens associations Group 8351). 29. Travel agencies (Group 4724). 30. Veterinary services (Group 0742 for household pets only and without any overnight boarding or outside kennels). 31. Warehousing (Group 4225 but for self-storage only with no outdoor storage, no on-site maintenance/manufacturing, and buildings architecturally designed to look like office buildings for persons viewing the project from off-site.) 32. Any other commercial use or professional service which is comparable in nature with the foregoing uses, as determined by the Board of Zoning Appeals. B. Accessory Uses: 1. Uses and structures that are accessory and incidental to the permitted uses within this MPUD Document, including outdoor garden centers. 2. Caretaker's residence as described in Subsection 5.03.05 of the Land Development Code. 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. 4-3 B. Minimum Lot Width: Seventy-five (75) feet, as measured along an internal access easement or right-of-way. C. Minimum Yards: (1) Principal structures: (a) Front yards - Twenty-five (25) feet. (b) Rear yards - Twenty-five (25) feet. (c) Side yards - Ten (10) feet, except no side yard shall be required in accordance with Section 4.4.C.3 of this MPUD Document. (d) Yards from the Residential Areas of this MPUD - One (1) foot for each foot of building height with a minimum of twenty-five (25) feet. (e) Yards (setback) from preserve areas: Twenty-five (25) feet. (2) Accessory Structures: (a) Setbacks shall be as required by Section 4.02 of the Land Development Code in effect at time of building permit application. All accessory structures shall be set back a minimum of twenty-five (25) feet from the residential areas of this MPUD. (b) Accessory structure yards and parking areas shall be a minimum of ten (10) feet from preserve areas. (3) Platting or subdivision of building tracts for separate ownership for a building within typically connected buildings and parking lots shall not require setbacks and other requirements from the building to a property line, including but not limited to landscape buffers. D. Distance Between Principal Structures: One-half the sum of the heights but a minimum of ten (10) feet. Platting or subdivision of building tracts for separate ownership for a building 4-4 within typically connected buildings and parking lots shall not require setbacks and other requirements from the building to a property line, including but not limited to landscape buffers; however, a minimum of ten percent of the commercial area shall be open space. E. Minimum Floor Area of Principal Structure: Seven hundred (700) square feet of gross floor area for each building on the ground floor. F. Maximum Heiqht: Fifty (50) feet. G. Off-Street Parkinq and Loadinq Requirements: As required by Section 4.05 of the Land Development Code in effect at the time of building permit application. H. Open Space: 1. Except for required landscape buffers, water management areas, and native vegetation preserves, all other required open space for the mixed-use PUD shall be incorporated into the residential area of the MPUD. I. Bufferinq Requirements: (1) A twenty (20) foot wide Type "D" Buffer shall be provided along Immokalee Road, Tarpon Bay Boulevard and Interstate 75, with the landscaping as required in Section 4.06 of the Land Development Code, except the developer shall install landscaping within the buffers of Immokalee Road and Tarpon Bay Boulevard which exceed the minimum required size by installing canopy trees ranging between 14 feet to 16 feet in height. (2) A fifteen (15) foot Type "B" Buffer shall be provided along the southern boundary of the commercial area. If a natural habitat preserve area is shown along the northern boundary of the abutting residential area on the MPUD Master Plan, this buffer shall not be required as long as this preserve area meets the requirements of a Type "B" Buffer. 4-5 J. Siqns 1. Site Signage: Site signage shall be permitted as described in Section 5.06 of the Land Development Code. Two (2) multi-tenant site signs shall be permitted; one (1) along Immokalee Road, and one (1) along Tarpon Bay Boulevard. Each outlot shall be permitted one (1) ground sign, as required by Section 5.06 of the Land Development Code, in effect at the time of building permit application. 2. Signage shall also be permitted subject to the deviations authorized in Section 2.7 of this MPUD. K. Hours of Operation The developer and owner will restrict the hours of operation of the anchor tenant and in-line tenants. The normal hours of operation for the anchor tenant and other inline stores, defined as hours open to the public for business, shall be from 8:00 a.m. to 11 :00 p.m. Monday-Saturday, and 8:00 a.m. to 9:00 p.m. on Sunday. Seasonally, hours of operation for the anchor tenant and in line stores shall be from 6:30 a.m. to 12 p.m. (midnight) Monday-Sunday. The anchor tenant and in-line stores will not be permitted 24-hour operation. Outlot tenants shall not have hours of operation restrictions; however, deliveries shall occur between 6:30 a.m. and 10:00 p.m. Monday-Sunday. The developer shall restrict delivery traffic to prohibit delivery traffic from using Tarpon Bay Boulevard south of the shopping center. 4-6 SECTION V· DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development 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 plats and all applicable State and local laws, codes, and regulations applicable to this MPUD 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 MPUD 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 MPUD Master Plan and the regulations of this MPUD, 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 MPUD MASTER PLAN A Exhibit "A", MPUD 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 10.02 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. 5-1 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A. The landowners shail proceed and be governed according to the time limits pursuant to Section 10.02 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 10.02 of the Land Development Code. C. The primary anchor tenant shall not receive a certificate of occupancy earlier than April 30, 2006. 5.5 ENGINEERING A. This project shall be required to meet all County ordinances in effect at the time final construction documents are submitted for development approval. 5.6 WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit application shall be sent to Collier County Development Services with the SOP submittal. B. An excavation permit will be required for the proposed lakes in accordance with the requirements of Section 22 of the Collier County Code of Laws and Ordinances and SFWMD Rules. C. Lake setbacks from the perimeter of the MPUD may be reduced to twenty-five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. D. A right-of-way permit from the Big Cypress Basin (SFWMD) shall be obtained for any impacts in the canal east of the property. E. Water management areas shall be permitted to be shared throughout the MPUD. Conceptual water management areas shall be shown on the first SOP. Subsequent SOPs, or amendments shall not be required, to modify the original SOP or water management plan. 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, 5-2 constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 04-31, as amended, and other applicable County rules and regulations. B. Except on an interim basis, for structures such as sales/construction trailers and models, the project shall be required to hook-up to and utilize public water and sewer facilities. C. We/lfield easement (30 feet by 30 feet) access shall be provided over and across ingress/egress easements as identified in the operating and easement agreement. Said easements shall be conveyed to Collier County at no cost to Collier County when requested by the County. 5.8 TRAFFIC A. Where the project's traffic shall be utilizing 20th Avenue NW as an access, the developer shall be responsible for extending such roadway to the project site, including crossing the canal that is located just east of the site, prior to the issuance of any certificates of occupancy for the project. The developer shall also be responsible for providing a left-turn lane and a right-turn lane along Oakes Boulevard for traffic turning west onto 20th Avenue NW. B. All turn lane improvements committed to by the developer shall be in place prior to the issuance of any certificates of occupancy for the project. In addition, if, in the sole opinion of the County, the petitioner's construction traffic is shown to cause a safety or operational problem at the intersection of 20th Avenue NW and Oakes Boulevard, the County may require said turn lanes to be installed in advance of the petitioner's scheduled construction for the project. C. The developer shall be responsible for the installation of arterial level street lighting at the project entrance. Such lighting shall be constructed so as to shield adjacent residential uses from glare and direct light spill. In addition, if the project's traffic is utilizing 20th Avenue NW as an access, street lighting levels at the intersection of 20th Avenue NW and Oakes Boulevard shall be augmented by the developer so as to be consistent with arterial standards. Such lighting improvements shall be in place prior to the issuance of any certificates of occupancy for the project that are utilizing 20th Avenue NW as an access. D. The project may be required to proceed in phases beyond 1999 if the Level of Services (LOS) of any roadway within the Radius of Development Impact (RDI) falls below the minimum standard set forth in the Growth 5-3 Management Plan. ,The petitioner may, however, provide additional capacity, such as additional turn lanes at intersections or traffic signals, if warranted, in advan'ce of when the County would otherwise have programmed any such improvement. E. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS), current edition, FOOT 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 Land Development Code. F. Arterial level street lighting shall be provided at all access points. Lighting at the access shall be in place prior to the issuance of the first certificate of occupancy (CO) for units/square footage that will directly utilize the access. G. Access points, including both driveways and proposed streets, shown on the MPUD 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 site plan or final plat. All such access shall be consistent with the 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 MPUD amendment is approved. H. 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 for units/square footage that will directly utilize the improvements. I. Road impact fees shall be paid in accordance with Collier County , Ordinance Number 01-13, as amended, and Chapter 10 of the Land Development Code, as it may be amended. J. All work within Collier County rights-of-way or public easements shall require a right-of-way permit. 5-4 -.,,--.---'" K. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended ånd the Land Development Code, 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 MPUD 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. L. 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 shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. M. 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. N. If any required turn lane improvement requires the use of existing County rights-of-way or easements, compensating right-of-way, if required, shall be provided without cost to Collier County as a consequence of such improvement. O. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and/or adjacent developers on a fair share basis. 5.9 1-75 RAMP IMPROVEMENTS A. The developer shall donate to Collier County an area depicted as the 1-75 Ramp Reservation Area within 60 days of the County's written request. The set aside area shall be based upon a study to be performed by the appropriate governmental entity of the need for ramp improvements at the 1-75 northbound interchange at Immokalee Road. The maximum ramp radii shall be 225 feet. The Reservation Area shall consist of the minimum area needed to construct a new northbound on-ramp and to construct modifications to the northbound off-ramp. B. The developer shall not be required to mitigate for the loss of any required water management, preserve, or landscape buffer areas as a result of the 5-5 acquisition of the Reservation Area by the appropriate governmental entity. The appropriate governmental entity shall mitigate the loss of the water management area by relocation to property not owned by the developer unless the developer consents to the water management area being relocated on developer's property. The appropriate governmental entity shall mitigate the loss of the preserve areas. The appropriate governmental entity shall mitigate the loss of landscape buffers. C. The developer shall not be responsible for making any modifications as a result of the loss of the Reservation Area to any development orders including, but not limited to, SOPs, plats and/or building permits. The appropriate governmental agency shall make these modifications. O. The developer shall make any necessary physical modifications to the parking areas, drive aisles, curbing, lighting facilities and any other parking area features upon acquisition of the Reservation Area by the appropriate governmental entity. These modifications shall be consistent with Exhibit I attached hereto. E. The developer shall be authorized to construct site features including, but not limited to, landscaping, curbing and pavement within the Reservation Area. These improvements shall be constructed in accordance with applicable County regulations in effect at the time permits are issued for their construction. In no event shall the developer be authorized to construct any building within the Reservation Area. F. The developer shall be authorized to construct a "right-in only" access point located 150 feet east of the end of the FOOT limited access right-of- way line on Immokalee Road. G. The County shall provide an expedited review of any SOPs, final plats, building permits or other development permits associated with the commercial components of this MPUO. H. The County shall be authorized to approve any amendments to the SOP as a result of the acquisition of the Reserve Area by the appropriate governmental entity at no cost to the developer. 5-6 I. Upon receipt of written notice of intent to proceed with the 1-75 ramp improvements by the appropriate governmental entity, the developer shall have six (6) months from that date within which to construct any necessary on-site modifications resulting from the acquisition of the Reservation Area by the appropriate governmental entity. J. The developer shall not be required to provide the necessary commercial site improvements for the project to be located within the Reservation Area once that Area is acquired by the appropriate governmental entity. Existing or proposed site improvements lost as a result of the acquisition of the Reserve Area shall not be relocated to areas within the project retained by the developer, or its successors, for commercial land uses. K. The developer shall pre-pay road impact fees in an amount estimated to be $2,200,000.00 within thirty (30) days of the effective date of this Ordinance. The County shall, upon receipt of the prepayment, issue a Certificate of Public Facility Adequacy for the appropriate amount of commercial development intensity in accordance with the Adequate Public Facilities Ordinance in effect at the time the prepayment is received by the County. 5.10 PLANNING A. Pursuant to Chapters 2 and 4 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a 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. B. In the event Collier County transfers ownership of the former FOOT service road located adjacent to Immokalee Road to the developer, the developer or successor owners may utilize this area for open space, water management, and landscape buffers, which shall be utilized in meeting the minimum criteria for said uses as may be required at the time of site development plan or plat approval. C. Site development plans shall be permitted to include multiple owners. All infrastructure shall be constructed and maintained pursuant to a recorded operating and easement agreement. 5.11 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and 5-7 approval by the Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. The developer shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on-site, a habitat management plan for those protected species shall be submitted to Environmental Review Staff for review and approval prior to final site plan/construction plan approval. C. All conservation areas shall be designated as conservation/preservation tracts or easements on all site development plans or 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 accordance with Section 3.05 of the Land Development Code. In the event the project does not require platting, all conservation areas shall be protected by a conservation easement in favor of Collier County or other approved entity with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. D. Buffers shall be provided around 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 be subject to review and approval by the Environmental Review Staff. All principal commercial structures shall have a minimum setback of twenty-five feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum ten-foot setback. E. 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. F. A minimum of 25 percent of the viable naturally functioning native vegetation on-site (natural habitat preserve area), including both the under-story and the ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as described in Section 3.05 of the Land Development Code. 5-8 The original Malibu Lake PUD contained 134.85 acres of native vegetation. The residential component in Ordinance 99-49 was required to retain a minimum of 32.56 acres of native vegetation. The commercial component of the project will consist of 37.1± acres, of which 10.86 acres is presently native vegetation. The total native vegetation required to be retained on the commercial portion of the Malibu Lake MPUD shall be 2.72 acres (10.86 X .25 = 2.715). G. Re-created preserves shall be in accordance with Section 3.05 of the Land Development Code. H. This MPUD shall be consistent with the Environmental Sections of the Growth Management Plan, Conservation and Coastal Management Element and the Land Development Code in effect at the time of final development order approval. I. A preserve area management plan shall be provided to Environmental Review Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. J. In the event that construction within the 1-75 Reservation Area impacts the required preserve, that preserve acreage shall be re-created elsewhere on site with an approved plan by the appropriate governmental agency. The re-created preserve shall consist of enhanced buffers, native planting within water management areas, or any combination thereof. K. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final site plan / construction plan approval. 5-9 ail ill !~i~~~ ~~~ä~§ :¡§fi ~,~ '~ I - ~ ~~ 0_ ! 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LEGAL DESCRIPTION PÁRCE¿ l' LOTS 2 AND 3 OF BRENTWOOD ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 38 AT PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, BEING MORE PARnCULARL Y DESCRIBED AS FOLLOWS; BEGIN A T THE NORTHWEST CORNER OF LOT 3 OF BRENTWOOD ACCORDING TO THE PLA T THEREOF RECORDED IN PLA T BOo/( 38 A T PAGES 3J AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N 86'54'14u é, ALONG THE BOUNDARY OF SAID LOT J, FOR A DISTANCE OF 68.57 FEET; THENCE RUN N 87'44'01u é, ALONG THE BOUNDARY OF SAID LOT J, FOR A DISTANCE OF 99.57 FEET; THENCE RUN N 0275'59" W, ALONG THE BOUNDARY OF SAID LOT J, FOR A DISTANCE OF 60.00 FEET; THENCE RUN N 81"44'Or é, ALONG THE BOUNDARY OF LOTS J AND 2 OF SAID BRENTWOOD, FOR A DISTANCE OF 178.69 FEET; THENCE RUN S 88'53'16" E. ALONG THE BOUNDARY OF SAID LOT 2, FOR A DISTANCE OF 44.48 FEET; THENCE RUN S 02"36'10" E. ALONG THE BOUNDARY OF SAID LOT 2, FOR A DISTANCE OF 309.51 FEET; THENCE RUN S 81'23'12u W, ALONG THE BOUNDARY OF SAID LOTS 2 AND J, FOR A DISTANCE OF 391.69 FEET; THENCE RUN N 02"34'19" W. ALONG THE BOUNDARY OF SAID LOT J, FOR A DISTANCE OF 253.51 FEET TO THE POINT OF BEGINNING. AND LOTS 4 AND 5 OF BRENTWOOD ACCORDING TO THE PLA T THEREOF RECORDED IN PLA T BOOK 38 A T PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARnCULARL Y DESCRIBED AS FOLLOWS; BEGIN A T THE NORTHWEST CORNER OF LOT 4 OF BRENTWOOD ACCORDING TO THE PLA T THEREOF RECORDED IN PLA T BOOK 38 A T PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N 87"23'12" é, ALONG THE BOUNDARY OF SAID LOT 4, FOR A DISTANCE OF 294.48 FEET; THENCE RUN S 79'07'03" E. ALONG THE BOUNDARY OF SAID LOT 4, FOR A DISTANCE OF 51.42 FEET; THENCE RUN N 81'23'12" E. ALONG THE BOUNDARY OF SAID LOT 4, FOR A DISTANCE OF 201.13 FEET TO THE BEGINNING OF A TANGENnAL CIRCULAR CURVE. CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A' RADIUS OF 41.00 FEET, THROUGH A CENTRAL ANGLE OF 90'OO'38~ SUBTéNDED BY A CHORD OF 57.99 FEET AT A BEARING OF S 47'36'29" E, FOR A DISTANCE OF 64.41 FEET TO THE END OF SAID CURVE.' THENCE RUN S 02"36'10" é, ALONG THE BOUNDARY OF SAID LOT 4, FOR A DISTANCE OF 106.59 FEET; THENCE RUN S 10V2'14" Eo ALONG THE BOUNDARY OF SAID LOT 4, FOR A DISTANCE OF 102.60 FEET; THENCE RUN S 02'36'10" E. ALONG THE BOUNDARY OF LOTS 4 AND 5 OF SAID BRENTWOOD, FOR A DISTANCE OF 558.08 FEET,' THENCE RUN S 89'35'09" W, ALONG THE BOUNDARY OF SAID LOT 5. FOR A DISTANCE OF 600.76 FEET; THENCE RUN N 02"34'19" W, ALONG THE BOUNDARY OF SAID LOTS 5 AND 4, FOR A DISTANCE OF 796.37 FEET TO THE POINT OF BEGINNING. JOB CODE: cn EXHIBIT: G DRAWN BY: s.B. SHEET: 1. OF 8 FILE #: 30-48-26 EXHIBIT "e" - LEGAL DESCRIPTION A PORTION OF SECTION 30, TO H'NSHlP 48 SOUTH, RANGE 26 EAST, NAPLES, COLlJER COUNTY, FLORIIJA DATE: DECEMBER 2003 DRAWING: C-1778-1 Q. GRADY MINOR AN/J ASSOCIATES, FA. CIVIL ENGINEERS· LANJ) SURVEYORS. PLANNERS 3800 VTA DEL REY BONITA SPRINGS, FLORIDA 34134 PHONE: (941) 947-1144 FAX: (941) 947-0375 CERTlFlCATE OF AUTHORIZATION NUMBER LB 5151 EXII/BIT: G AND FABCl'/' 11-4 A PARCEL OF LAND LOCA TED IN THE È:AST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST £ OF SECTION 3D, TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA, B£lNG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE A T THE NORTHWEST CORNER OF LOT 3 OF BRENTWOOD ACCORDING TO THE PLA T THEREOF RECORDED IN PLA T BOOK 38 A T PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, flORIDA, THE SAME BEING A POINT ON THE EAST LINE OF THE EAST, OF THE WEST} OF THE NORTHEAST k OF THE NORTHEAST ~ OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA; THENCE RUN S 86"54'14" If, ALONG THE SOUTHERL Y RIGHT-OF-WA Y LINE OF A 60.00 FOOT WIDE ACCESS ROAD, AS THE SAME IS SHOWN ON THE STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP FOR STATE ROAD NO. 93 (1-75), COLLIER COUNTY, SECTION 03175-2401, SHEET 3, LAST REVISED 6-26-73, FOR A DISTANCE OF 299.89 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HERÐN DESCRIBED; THENCE RUN S 02'33'24- E FOR A DISTANCE OF 1128.27 FEET TO A POINT ON THE SOUTH LINE OF THE EAST ~ OF THE WEST ~ OF THE NOR71-IEAST ~ OF 71-IE NORTHEAST ~ OF SAID SECTION 30; 71-IENCE RUN S 89'35'09· W. ALONG THE SOUTH LINE OF THE EAST, OF THE WEST} OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECT/ON 30. FOR A DISTANCE OF 30.02 FEET TO A POINT ON THE WEST LINE OF THE EAST, OF THE WEST ~ OF THE NOR71-IEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30; THENCE RUN N 02'33'24" £. ALONG THE WEST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30. FOR A DISTANCE OF 1126.87 FEET TO A POINT ON THE SOUTHERL Y RIGHT-OF-WA Y LINE OF SAID 60.00 FOOT WIDE ACCESS ROAD; 71-IENCE RUN N 86"54'14- £. ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID 60.00 FOOT WIDE ACCESS ROAD, FOR A DISTANCE OF 30.00 FEET TO 71-IE POINT OF BEGINNING. AND PABC'££ II-B A PARCEL OF LAND LOCA TED IN THE EAST ~ OF THE WEST, OF 71-IE NORTHEAST ~ OF THE NORTHEAST £ OF SECTION 30, TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BÐNG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 3 OF BRENTWOOD ACCORDING TO THE PLAT THEREOF RECORDED IN PLA T BOOK 38 A T PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BÐNG A POINT ON THE EAST LINE OF THE EAST ~ OF 71-IE WEST} OF 71-IE NORTHEAST £ OF TlfE NORTHEAST £ OF SECTION 30. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S 02'34'19- £. ALONG THE BOUNDARY OF SAID BRENTWOOD AND ALONG THE EAST LINE OF 71-IE EAST ~ OF THE WEST, OF THE NOR71-IEAST £ OF THE NOR71-IEAST ~ OF SAID SECTION 30. FOR A DISTANCE OF 1,142.33 FEET TO THE SOUTHEAST CORNER OF THE EAST, OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30; THENCE RUN S 89'35'09· If. ALONG THE SOUTH LINE OF THE EAST'~ OF THE WEST ~ OF THE NORTHEAST £ OF THE NORTHEAST £ OF SAID SECT/ON 30. FOR A DISTANCE OF 300.39 FEET TO A POINT 30.00 FEET EASTERL Y OF, AS MEASURED A T RIGHT ANGLES TO, THE WEST LINE OF THE WEST UNE OF THE EAST ~ OF THE NORTHEAST £ OF 71-IE NORTHEAST £ OF SAID SECTION 30; THENCE RUN N 02'33'2r If, PARALLEL WITH THE WEST LINE OF THE EAST, OF THE NORTHEAST £ OF THE NORTHEAST £ OF SAID SECTTON 30, FOR A DISTANCE OF 1,128.27 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF A 60.00 FOOT WIDE ACCESS ROAD, AS THE SAME IS SHOWN ON THE STA TE OF FLORIDA STA TE ROAD DEPARTMENT RIGHT-OF-WA Y MAP FOR STA TE ROAD NO. 93 (1-75), COLLIER COUNTY, SECTlON 03/75-2401, SHEET 3, LAST REVISED 6-26-73,' THENCE RUN N 86'54'14" £. ALONG THE SOUTHERL Y RIGHT-OF-WA Y LINE OF SAID ACCESS ROAD, FOR A DISTANCE OF 299.89 FEET TO THE POINT OF BEGINNING. JOB CODE: CWZ DRAWN BY: s'B. SHEET: 2 OF 8 FILE #: 30-48-26 EXHIBIT lie 11 - LEGAL DESCRIPTION A PORTION OF SECTION 30, 'l'OIYNSHlP 48 SOUTH, RANGE 26 EAST, NAPLES. COIDER COUNTY, FLORI/JA DATE: DECEMBER 2003 DRAWING: C-1778-1 r;. CRADY MINOR AND ASSOCIAjE~ P.A CIVIL ENGINEERS· LAND SURVEYORS- PLANNERS 3800 VIA DEL REY BONITA SPRINGS, FLoRIDA 34134 PHONE: (941) 947-1144 FAX: (941) 947-0375 CERTIFICATE OF AUTHORIZATION NUMBER LB 5151 -g"--~~-'- EXIlIBI1': G PAHC.K£ ///-.4 A PARCEL OF LAND LOCA TED IN THE WEST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST i OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY. nORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE A T THE NORTHWEST CORNER OF LOT 3 OF BRENTWOOD ACCORDING TO THE PLA T THEREOF RECORDED IN PLA T BOOK 38 A T PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, nORIDA, THE SAME BEING A POINT ON THE EAST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SEC770N 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S 02'34'19" E, ALONG THE BOUNDARY OF SAID BRENTWOOD AND ALONG THE EAST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30, FOR A DISTANCE OF 1,142.33 FEET TO THE SOUTHEAST CORNER OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST i OF THE NORTHEAST ~ OF SAID SECTION 30; THENCE RUN S 89'35'09" W. ALONG THE SOUTH LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST i OF SAID SEC770N 30, FOR A DISTANCE OF 330.41 FEET TO THE SOUTHWEST CORNER OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CON77NUE S 89'35'09" W. ALONG'THE SOUTH LINE OF THE WEST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~F SAID SEC770N 3D, FOR A DISTANCE OF 30.02 FEET TO A POINT 30.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE WEST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30; THENCE RUN N 02'33'24" W, PARALLEL WITH THE EAST LINE OF THE WEST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAIO SECTION 30. FOR A DISTANCE OF 1185.47 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF FLORIDA STATE ROAD NO. 93 (1-75) AS THE SAME IS SHOWN ON THE STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP FOR STATE ROAD NO. 93 (1-75), COLLIER COUNTY, SEC770N 03175-2401, SHEET 3, LAST REVISED 6-26-73,· THENCE RUN N 86:54'14" E, ALONG SAID SOUTHEASTERLY RIGHT-OF-WA Y LINE, FOR A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST LINE OF THE WEST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST £ OF SAID SECTION 30.· THENCE RUN S 02'33'24" E, ALONG THE EAST LINE OF THE WEST ~ OF THE WEST j OF THE NORTHEAST £ OF THE NORTHEAST ~ OF SAID SECTION 30, FOR A DISTANCE OF 1186.87 FEET TO THE POINT OF BEGINNING. JOB CODE: ClYZ DRAWN BY: s.B. SHEET: 3 OF 8 Ji'/LE j: 30-48-26 EXHIBIT lIe" - LEGAL DESCRIPTION A PORTION OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, NAPLES, COLLIER COUNTY, FLORIDA DATE: DECEMBER 2003 DRAWING: C-1778-1 Q. GRAJJY MINOR ANf) ASSOCIATE~ FA. CIVIL ENGINEERS· LANJ} SURVEYORS. PLANNERS 3800 ~A DEL REY BONITA SPRINGS, FLORIDA 34134 PHONE: (941) 947-1144 FAX: (941) 947-0375 CERTIFICATE OF AllTHORIZATI0N NUMBER LB 5151 EXlllBl1': G PAHC'.ð'£ 0/-9 A PARCEL OF LAND LOCA TED IN THE ~ST ~ OF THE ~ST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SECT/ON 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTH~ST CORNER OF LOT 3 OF BRENTWOOD ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 38 A T PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE EAST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SECT/ON 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA; THENCE RUN S 02'34'19- £. ALONG THE BOUNDARY OF SAID BRENTWOOD AND ALONG THE EAST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTlON 30. FOR A DISTANCE OF 1,142.33 FEET TO THE SOUTHEAST CORNER OF THE EAST ~ OF THE W£ST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTlON 30; THENCE RUN S 89'3S'09n If, ALONG THE SOUTH LINE OF THE KfST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECT/ON 3D, FOR A DISTANCE OF 360.43 FEET TO A POINT 30.00 FEET WESTERL Y OF, AS MEASURED A T RIGHT ANGLES TO. THE EAST LINE OF THE WEST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTlON 30. AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTlNUE S 89'35'09n If, ALONG THE SOUTH LINE OF THE WEST ~ OF THE ~ST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECT/ON 3D, FOR A DISTANCE OF 300.39 TO THE SOUTHWEST CORNER OF THE ~ST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST i OF SAID SECTION 30; THENCE RUN N 02'32'29- IV, ALONG THE WEST LINE OF THE KfST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECT/ON 3D, FOR A DISTANCE OF 874.13 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF FLORIDA STATE ROAD NO. 93 (I-"75) AS THE SAME IS SHOWN ON THE STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP FOR STA TE ROAD NO. 93 (1-75), COLLIER COUNTY, SECT/ON 03175-2401, SHEET 3, LAST REV/SED 6-26-73; THENCE RUN N 12'47'46" E, ALONG SAID SOUTHEASTERL Y RIGHT-OF-WA Y LlN£. FOR A DISTANCE OF 108.10 FEET,' THENCE RUN N 51'33'46" E, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 334.17 FEET,' THENCE RUN N 86"54'14" E, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 0.57 FEET TO A POINT 30.00 FEET KfSTERL Y OF, AS MEASURED A T RIGHT ANGLES TO. THE EAST LINE OF THE WEST ~ OF THE ~ST ~ OF THE NORTHEAST ~ OF THE NORTHEAST i OF SAID SECT/ON 30.· THENCE RUN S 02'33'24- E, PARALLEL WITH THE EAST LINE OF THE WEST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECT/ON 30, FOR A DISTANCE OF 1,185.47 FEET TO THE POINT OF BEGINNING. 041.1(1 JOB COIJE: ClYZ IJRAWN BY: s.B. SHEET: 4 OF 8 FILE #: 30-48-26 EXHIBIT I'GI' - LEGAL DESCRIPTION A PORTION OF SECTION 30, TO WNSHlP 48 SOUTH, RANGE 26 EAST, NAPLES. COLLIER COUNTY. FlOR/OA DATE: DECEMBER 2003 DRAWING: C-1778-1 r;. CRADY MINOR AND ASSOCIATES, P.A. CIVIL ENGINEERS. LAND SURVEYORS. PLANNERS 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 PHONE: (941) 94'1-1144 FAX.. (941) 947-0375 CERTIFICATE OF AUTHORIZATION NUMBER LB 5151 ..---....-- EXHIBIT: G PÁßCK£ .IY A PARCEL OF LAND LOCA rm IN THE EAST} OF THE NORTHWEST ~ OF THE NORTHEAST i OF SECTION 30. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BÐNG MORE PARTlCULARL Y DESCRIBED AS FDLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 3 OF BRENTWOOD ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 38 A T PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, Tl-fE SAME BEING A POINT ON THE EAST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA; THENCE RUN S 02'34'19u E, ALONG THE BOUNDARY OF SAID BRENTWOOD AND ALONG THE EAST LINE OF THE EAST ~ OF Tl-fE WEST} OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 3D, FOR A DISTANCE OF 1.142.33 FEET TO THE SOUTHEAST CORNER OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30; THENCE RUN S 89'35'09N W. ALONG Tl-fE SOUTH LINE OF THE NORTl-fEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30, FOR A DISTANCE OF 660.82 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST ~ OF THE NORTHEAST ~ OF SAID SECTION 30; THENCE RUN N 02'32'29N W. ALONG THE EAST LINE OF THE NORTHWEST~ OF THE NORTHEAST ~ OF SAID SECTION 30, FOR A DISTANCE OF 667.74 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST ~ OF NORTHWEST ~ OF THE NORTl-fEAST ~ OF SAID SECTION 30 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 89'34'53u W. ALONG THE SOUTH UNE OF THE NORTl-fEAST ~ OF THE NORTHWEST ~ Tl-fE NORTHEAST ~ OF SAID SEC710N 3D, FOR A DISTANCE OF 56.08 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF FLORID.4 STATE ROAD NO. 93 (/-75) AS THE SAME IS SHOWN ON THE STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP FOR STATE ROAD NO. 93 (/-75), COLLIER COUNTY, SECTION 03175-2401, SHEET 3, LAST REVISED 6-26-73," THENCE RUN N 12·47'46u £. ALONG SAID SOUTHEASTERLY RIGHT-OF-WA Y LINE, FOR A DISTANCE OF 211.86 FEET TO i1 POINT ON THE EAST LINE OF THE NORTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHEAST ~ OF SAID SEC710N 30,- THENCE RUN S 02'32'29- E, ALONG THE EAST LINE OF THE NORTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHEAST ~ OF SAID SEC710N 30, FOR A DISTANCE OF 206.39 FEET TO THE POINT OF BEGINNING. JOB CODE: ClYZ DRAWN BY: S.B SHEET: 5 OF 8 FILE ¡: 30-48-26 EXHIBIT "G" - LEGAL DESCRIPTION A PORTION OF SECTION 30, TO TYNSmp 48 SOUTll, RANGE 26 EAST, NAPLES. COlLIER COUNTY. FLORI/)A DATE: DECEMBER 2003 DRAWING: C-1778-1 Q. CBAlJr MINOR AND ASSOCIATES, P.A. CIVIL ENGINEERS· LANIJ SURVEYORS. PLANNERS 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 PHONE: (941) 94'1-1144 FAX: (941) 947-0376 CER17FlCATE OF AUTHORIZATION NUMBER LB 6151 EXHlBfJ': C AND PAßC'K.l Y A PARCEL OF LAND LOCATED IN THE EAST ~ OF THE SOUTH ~ OF THE EAST ~ OF THE NORTHWEST ~ OF THE NORTHEAST ~ OF SECTION 30. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BONG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE A T THE NORTHWEST CORNER OF LOT 3 OF BRENTWOOD ACCORDING TO THE PLA T THEREOF RECORDED IN PLA T BOOK 38 A T PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, fl.ORIDA, THE SAME BEING A POINT ON THE EAST LINE OF THE EAST ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S 02'34'19" E. ALONG THE BOUNDARY OF SAID BRENTWOOD AND ALONG THE EAST LINE OF THE EAST ~ OF THE ItCST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 3D, FOR A DISTANCE OF 1,142.33 FEET TO THE SOUTHEAST CORNER OF THE EAST ~ OF THE ItE'ST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SAID SECTION 30; THENCE RUN S 89'35'09" W. ALONG THE SOUTH UNE OF THE NORTHEAST ~ OF THE NORTHEAST i OF SAID SECTION 30. FOR A DISTANCE OF 660.82 FEET TO THE SOUTHEAST CORNER OF THE NORTHItCST ~ OF THE NORTHEAST ~ OF SAID SECTION 30, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S 89'35'09" W. ALONG THE SOUTH LINE OF THE NORTHItE'ST ~ OF THE NORTHEAST ~ OF SAID SECTION 3D, FOR A DISTANCE OF 192.68 FEET TO A POINT ON THE SOUTHEASTERL Y RIGH T -OF - WA Y LINE OF FLORIDA S TA TE ROAD NO. 93 (1- 75), COLLIER COUNTY, SECTION 03175-2401, SHEET 3, LAST REVISED 6-26-73, THE SAME BEING A POINT ON A CIRCULAR CURVE. CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS S 85'58'50" E. A DISTANCE OF 3, 725. 72 FEET THEREFROM; THENCE RUN NORTHEASTERL Y ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3,725.72 FEET. THROUGH A CENTRAL OF 08'47'10: SUBTENDED BY A CHORD OF 570.76 FEET A T A BEARING OF N 08'24'45» E, FOR A DISTANCE OF 571.32 FEET TO THE END OF SAID CURVE; THENCE RUN N 12'47'46» E, ALONG SAID SOUTHEASTERL Y RIGHT-OF-WAYLINE, FOR A DISTANCE OF 106.08 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH ~ OF THE EAST ~ OF TH[ [AST ~ OF TH[ NORTHWEST ~ OF THE NORTHEAST ~ OF SAID SECTION 30.' THENCE RUN N 89'34'53" E. ALONG THE NORTH LINE OF THE SOUTH ~ OF THE EAST ~ OF THE EAST ~ OF THE NORTHweST ~ OF THE NORTHEAST ~ OF SAID SECTION 3D, FOR A DISTANCE OF 56.08 FEET TO THE NORTHEAST CORNER OF THE SOUTH ~ OF THE EAST ~ OF THE EAST ~ OF THE NORTHWEST ~ OF THE NORTHEAST ~ OF SAID SECTION 30; THENCE RUN S 02'32'29" E, ALONG THE EAST LINE OF THE EAST ~ OF THE EAST ~ OF THE NORTHWEST ~ OF THE NORTHEAST ~ OF SAID SECTION 30, FOR A DISTANCE OF 661. 74 FEET TO THE POINT OF BEGINNING. , LEGAL DESCRIPTION (BRENTWOOD, PLAT BOOK 38, PAGES 33 AND 34) COMMENCE AT THE NORTHEAST CORNER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 02'36'/0· EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3D, FOR A DISTANCE OF 111.03 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 02'36'10· EAST, ALONG SAID LINE, FOR A DISTANCE OF 1,224.68 FEET.' THENCE RUN SOUTH 89'35'09" ItCST. ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 3D, FOR A DISTANCE OF 660.82 FEET; THENCE RUN NORTH 02'34'19" M:ST, ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 1,142.33 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 75 (ACCESS ROAD)(PARCEL 105.1-NDFAP); AS DESCRIBED IN OFFICIAL RECORDS BOOK 365 A T PAGE 408; THENCE RUN NORTH 86'S4'14" EAST. ALONG SAID LINE, FOR A DISTANCE OF 68.57 FEET,' THENCE RUN NORTH 87'44'O¡» EAST, ALONG SAID LINE, FOR A DISTANCE OF 99.57 FEET.' THENCE RUN NORTH 02'15'59" WEST; ALONG SAID LINE, FOR A DISTANCE OF 60.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 75 (PARCEL 105.1R), AS DESCRIBED IN OFFICIAL RECORDS BOOK 365 AT PAGE 408; THENCE RUN NORTH 87'44'01" EAST, ALONG SAID LINE, FOR A DISTANCE OF 491.25 FEET TO THE POINT OF BEGINNING; CONTAINING 18.162 ACRES, MORE OR LESS. JOB COlJE: C¡yz lJRAWN BY: 8.B. SHEET: 6 OF 8 FILE #: 30-48-26 EXHIBIT "G" - LEGAL DESCRIPTION A PORTION OF SECTION 30. TOIYNSHIP 48 SOUTH, RANCE 26 EAST, NAPLES. COlLIER COUNTY, F'LORIlJA DATE: DECEMBER 2003 DRAWING: C-1778-1 Q. GRADY MINOR ANJJ ASSOCIATES, P.A CIVIL ENGINEERS· LANf) SURVEYORS. PLANNERS 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 PHONE: (941) 947-1144 FAX: (941) 947-0375 CER11FICATE OF AUTHORIZATION NUMBER LB 5151 EXHIBIT: G LEGAL DESCRIPTION (MALIBU LAKE) A PORTION OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N 02'36'10" W, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30, FOR A DISTANCE OF 30.02 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 89'35'43" W FOR A DISTANCE OF 787.19 FEET; THENCE RUN S 44'35'43" W FOR A DISTANCE OF 282.59 FEET; THENCE RUN S 89'35'43" W FOR A DISTANCE OF 613.90 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE NO, 75 (A VARIABLE WIDTH-LIMITED ACCESS RIGHT-OF-WAY); THENCE RUN THE FOLLOWING FOUR (4) COURSES AND DISTANCES ALONG SAID EASTERLY RIGHT-OF -WA Y LINE; COURSE NO.1: N 00 "28'57" W. 170.00 FEET; COURSE NO.2: N 00'27'59" W, 784.05 FEET; COURSE NO.3: N 03'29'11" E, 519.65 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S 86'28'51" E, A DISTANCE OF 3725.72 FEET THEREFROM; COURSE NO.4; NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3725.72 FEET; THROUGH A CENTRAL ANGLE OF 00'29'26", SUB TENDED BY A CHORD OF 31.89 FEET A T A BEARING OF N 0.3'45'52" E, FOR AN ARC LENGTH OF 31.89 FEET TO THE END OF SAID CURVE; THENCE RUN N 89"35'09" E FOR A DISTANCE OF 1514.32 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30; THENCE RUN S 02'36'10" E, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30, FOR A DISTANCE OF 1.305.70 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED. CONTAINING 50.261 ACRES MORE OR LESS. LESS AND EXCEPT THAT PORTION CONVEYED TO WCI COMMUNITIES, INC. BY WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 2754, PAGE 2946, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 3D, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE N 02'36'10" W, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30, FOR A DISTANCE OF 30,02 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 89'35' 4-3n W FOR A DISTANCE OF 60.04 FEET; THENCE RUN N 02'36'10" W FOR A DISTANCE OF 1305.68 FEET; THENCE RUN N 89'35'09" E FOR A DISTANCE OF 60.04 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30; THENCE RUN S 02'36'10" E, ALONG EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30, FOR A DISTANCE OF 1305,70 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 1.798 ACRES MORE OR LESS JOB CODE: ClfZ DRAWN BY: s.B. SHEET: 7 OF 8 FILE /. 30-48-26 EXHIBIT JlG" ,.- LEGAL DESCRIPTION A PORTION OF SECTION 30, TOlYNSHIP 48 SOUTH, RANGE 28 EAST, NAPLES, COLLIER COUNTY FLORIDA DATE' DECEMBER 2003 DRAWING: C-1778-1 Q. CRADY MINOR ANlJ ASSOCIATES, P.A. CIVIL ENGINEERS· LAND SURVEYORS. PLANNERS 3800 WA DEL REY BONITA SPRINGS. FLORIDA 34134 PHONE: (941) 947-1144 FAX: (941) 947-0375 CERTIFICATE OF AUTHORIZATION NUMBER LB 5151 EXHIBIT: G LEGAL DESCRIPTION (TARPON BAY. PLAT BOOK 86. PAGES 28-81) BEGIN A T THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA; THENCE RUN S 89'35'08" If, ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 30, FOR A DISTANCE OF 1287.09 FEET TO AN INTERSECTION VvrTH THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE NO. 75 (A VARIABLE VvrDTH-LlMITED ACCESS RIGHT-OF-WAY); THENCE RUN THE FOLLO'MNG THREE (3) COURSES AND DISTANCES ALONG SAID EASTERLY RIGHT-OF-WAY LINE; COURSE NO.1: N 19'02'16" If, 110.50 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE. CONCAVE NORTHEASTERLY,' COURSE NO.2: NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 7477.44 FEET, THROUGH A CENTRAL ANGLE OF 18ï7'45~ SUBTENDED BY A CHORD OF 2377.58 FEET AT A BEARING OF N 09'37'18" If, FOR AN ARC LENGTH OF 2387.71 FEET TO THE END OF SAID CURVE; COURSE NO.3: N 00'28'57" If, 46.73 FEET,' THENCE RUN N 89'35'43" E FOR A DISTANCE OF 513.90 FEET; THENCE RUN N 44'35'43" E FOR A DISTANCE OF 282.59 FEET,' THENCE RUN N 89'35'43" E FOR A DISTANCE OF 727.15 FEET; THENCE RUN N 02'35'70" W FOR A DISTANCE OF 1305.58 FEET,' THENCE RUN N 89'35'09" E FOR A DISTANCE OF 50.04 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAiD SECTION 30; THENCE RUN S 02'35'10· E. ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30, FOR A DISTANCE OF 1335.72 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 30; THENCE RUN S 02'34'39" E. ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 30, FOR A DISTANCE OF 2569.84 FEET TO THE POINT OF BEGINNING; CONTAINING 93.098 ACRES, MORE OR LESS. ~ , NOTES: " BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING N 89'34'35" E. 2. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND/OR RESTRICTIONS OF RECORD, J. IMPROVEMENTS OTHER THAN THOSE SHOWN HA'IE NOT BEEN LOGA TED. 4. DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. 5. THE FIELD WORK FOR THIS SURVEY WAS COMPLETED ON 12/02/0J. 6. THIS LEGAL IS NOT COMPLETE WITHOUT SHEETS 1 THRU 8. 7. EASEMENTS WERE NOT SUPPLIED DURING THE CONDUCTING OF THIS SURVEY; THEREFORE THERE MA Y BE EASEMENTS ON THE AFOREMENTIONED PROPERTY WHICH ARE NOT CONTAINED HEREIN. 8, OVERALL PARCEL AREAS: CRESTWOOD: 8.172 ACRES :t MOCAKE: 8.596 ACRES :t PARCEL IV: 0.133 ACRE :t PARCEL v.' 2.054 ACRES :t BRENTWOOD: 18. 162 ACRES :t MALlBU LAKES: 48.461 ACRES :t TARPON BAY.' 93,098 ACRES :t OVERALL: 178.576 ACRES :t Q. GRADY MINOR AND ASSOCIA TES, P.A. SIGNED I Z -9 - 04: /--4/ ~._~ /Sr~::;;B!:ëESsT_/ , P.S.M. /6408 STA TE OF FLORIDA ~ " ) JOB CODE- CWZ DRAWN BY: SB SHEET: 8 OF 8 FILE j: 30-48-26 EXHIBIT "G" - LEGAL DESCRIPTION Å PORTION OF SECTION 30, 'l'OWNSlDP 48 SOUTH, RANGE 26 EAST, NAPLES. COLlÆR COUNTY, FJi)RIDA DATE- DECEMBER 2003 DRAWING: C-177B-l Ij Q, GRADY MINOR AND ASSOCIATES, p.A. ", CIVIL ENGINEERS· LAND SURVEYORS. 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MER'DIANSTREET SUITE 11DO INDIANAPOLIS, IN 4e204 DEVE' ENT 31T-5T7-5600 FAX 31T-57T-¢605 Mallbu Lakes PUD 02/2~/2005 08:47 FAX 3175777879 - KITE CONST ~002 Ed~1- .f' /' 7 DECLARATION OF DEVELOPMENT COMMITMENTS This Declaration of Development Commitments (""T)ecl~rntinn") is made and entered into this 21st day of February, 2005, by Brentwood Land Partners, LLC (UDeveloper") by and on behalf of itself and Target Corporation in favor of Oakes Estates Advisory, Inc. and Tarpon Bay Homeowners Association (collectively, the "A~~ndRtion~"), WITNESSETH: WHEREAS, Brentwood Land Partners, ILC and Target Corporation (collectively, the "Owner!:'') are the owners of certain real estate located at the southeast comer of 1-75 and Immokalee Road in Naples, Florida (the UReal F!'ItRte"); and WHEREAS, Developer is planning to develop the Real Estate into a retail shopping center anchored by a Super Target store (the "r.P.T1t~'); and WHEREAS, Developer desires to make certain commitments to tbe Associations with respect to the development ofthe Real Estate. NOW, THEREFORE, Developer hereby makes the fol1owing commitments to the Associations: ¥ 's Commitment: The D oper will not open for public business any portion of the Center other than the 'stin AmSouth Bank before 03/01/06. However, building, training and 5to 'g ofb 'nesses shall be permitted, The Developer and Owners will request the lier County ransportation Department to accelerate the funded design-build roject for six I widening of Immokalee Road east of 1-75, Developer will cooperate with the ollier County Transportation Department on a solution for congestion at the 1-75 Immokalee Road Interchange. 2. Assocùztions' request that Target (Developer) pruvùle the lalld needed to build the cloverleaf allowing access from eastbound Immokale.e to northbound /-75. Developer's Commitment: The Developer and Owners have revised their PUD document to restrict development on 1,68 acres of the proposed Center to allow for the construction of an eastbound Immokalee Road to northbound 1-75 loop ra.mp. The proposed ramp is addressed in Section 5.9 "1-75 Ramp lmprovements" of the Malibu Lakes PUDAmendmenl Page 1 of 4 02/23/2005 08:48 FAX 3175777879 KITE CONST ~003 3. Assoc' Blvd. ~ est to retain the existing traffic signal at Immokalee Road and Oakes 4. Associations request to add a new right-in from lmmokalee Road into the Target shopping center (if permitted by the FlOrilÙl Department of Transportation). Developer's Commitment: The Developer will petition Collier County and FDOT to permit a right-in from Jmmokalee Road into the Center. This access request shall be for right-in only, 5. Associations' request that no widening or expllHsion of Tllrpo" Bay Blvd occur past the south property line of the Center. Developer's Commitment: The Developer has submitted Tarpon Bay Blvd, Road Improvement Plans showing adclitionaI right of way and travel lanes on Tarpon Bay Blvd, ftom hnmokaIee Road to the south property line of the shopping center, No additional road widening will take place by the Developer under the submitted plans. The Developer will work with Collier County to approve the plan limiting the road widening along Tarpon Bay Blvd to the north of the project's south property line, 6. Associations' request that wrüten and officially recorded restrictions 0" hours of operation, truck routes (prohibü Ollkes Blvd.) and 11ature of business tenants, Developer's Commitment: The Developer and Owners wi1I restrict the hours of operation of the Super Target and Junior Box Stores, defined as a single tenant over 10,000 SF. The hours of operation, defined as hours open to the public for business, shall be from 6:30 am to 12 pm (midnight) Monday-Sunday. Outlots shall have no restrictions. Deliveries for all Center tenants shall occur between the hours of 6:30 am and 10:00 pm Monday - Sunday. Developer shall restrict delivery traffic 10 prohibit delivery traffic ftom using Tarpon Bay Boulevard south of the Center. 7. 'Associations' request that no shopping center signage shaH be located on Oakes Blvd. or Spanish Oakes. Developer's Commitment: The Owner and Developer will not install any Center signage on Oakes Blvd or Spanish Oakes Blvd, Page 2 of 4 02/22/2005.08:48 FAX 3175777879 KITE CONST faj004 8. AssocÙltions' request to proviile upgraded sizes of landscaping. Developer's Commitment: Developer, will commit to install larger landscape in the required landscape buffer yards along Immokalee Road and Tarpon Bay Blvd. The Developer will install required canopy trees at 14ft to 16ft in height along the hnmokalee Road and Tarpon Bay Blvd. The Developer has added this commitment to Section 4.4 Development Standards Letter cT' in the PUD document. 9. Associations' request that Target (Developer) to pay to relocate the Tarpon. BaylMølibu LaJces sign from its current tocatwlt. Developer's Commitment: The Developer will commit to leave the existing Tarpon Bay/Malibu Lakes sign at the existing location in the Tarpon Bay Blvd, median, ~ ns' request that the County to support the reclassification of Oakes Blvd as a 'tiaI road with 35 MPH speed limit. .,¡- D eloper's Commitment: Thí is a County issue. The Owners and Developer have no position on the Oakes Estat Advisory Inc. ' s request to reclassify Oakes Blvd, as a residential road, De oper's Commitment: Deer will request the Collier County Transportation Department review the 'terse 'on of Tarpon Bay Blvd and the Malibu Lakes Apartment Complex drive for a stop SI warrant. Provided the warrant conditions are met and approved by Collier Co ty, the Developer shall install stop signs at the intersection prior to the opening of e Center, 12. Associatiolls' request that Target (Developer) or the County to provide ad.tütioraal traffic calming at the neighborhood park 011 Spanish Oakes. ~ Developer's CommitmeD~~-k . , Developer will ~ ò y ~dv J~Olb~:«- the installation of a crosswalk and flashing indicator signage for a pedestrian crossing at one location on Spanish Oakes Blvd. The proposed crosswalk must be approved within (2) years of PUD approval. The crosswalk location and signage wi1l be subject to the approval of the Collier County Transportation Department. Page 3 of 4 ], ....,.'"'-,,-~._-->-' 02/22/2005 08:48 FAX 3175777879 KITE CONST 141 0 05 13. Associations' request that no additional bridges shall be constrlLcted over the existing canal that will connect Tarpon Bay Blvd. And Oakes Blvd. Developer's Commitment: ' The Owners and Developer will not request the construction of any new bridge over the canal east of Tarpon Bay Blvd. 14. Associations' request, ifrequired at any time in the future, Target (Developer) tolund a new Ught at Oakes Blvd. And Spanish Oakes Lane. Developer's Commitment: The Owners and Developer wil1 fund its proportionate share of the i11stallation of a traffic signal at this intersection if traffic from the Center creates the need for a signal and provided' that installation occurs within (5) five years of the approval of the PUD ordinance, Developer has performed a Traffic Impact Study that models the proposed Center that does not warrant a signal be installed at this intersection, 15. Associations request that Target (Developer) to provide a buffer/ba"ier to shield Oakes Est/ltes residents across the canal from headlights as patrons kave the slropping center parking lot. Developer's Commitment: The Owners and Developer will install and or maintain a continuous landscape barrier similar to shrub or hedge row along the east right of way of Tarpon Bay Blvd. to provide screening from traffic, IN WITNESS WHEREOF, Brentwood Land Partners, LLC has executed and delivered this Declaration of Development Commitments as of the day and year first written above, BRENTWOOD LAND PARTNERS, LLC, . ~mìted liability7Y Br. Q~tC Paul W. Kite, member Page 4 of4 ~·t·,·~_·_·,_,··_"·~,"·-^ STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E, BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-10 Which was adopted by the Board of County Commissioners on the 22nd day of February 2005, during Regular Session, WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of March, 2005, ,'0:..... " 1\\ . :.<\,~ f1 S · ~I", . o.¡~ "'0.1.., " r-,C')'\ "J~~·""'.-"'.b '. DWIGHT E, BRO~..·~.~ '_.' ,.,... ~ "" Clerk of COUJi'ts·.'.iirt:gr,ç,1<e.rk....; .. ,,) , J.... . '~("::,' ./" ..;. : "~;tÞ' Ex-offlC10 t~ :'B.q.,~.' of,'''. : :;; . "- .. ~.\... (.~.~ ."":i;)\" ?~,_" . ...2., County COmmlp.~l<:»IJ,~rSi: '·';¡·l::) : ~ ~ fl .....~ .~;:.."-~,/! :.':~~ .r' .. ~ . l.;( -;., " . - "~." <iJe 'J ,", ........... ~ ".' ", " :1~'~Qtl.. to' ," y: Heidi R. R.Ò~RtQ." ,.- Deputy Clerk '~""--"'-'--' I