Agenda 03/28/2006 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
March 28, 2006
9:00 AM
Frank Halas, Chairman, District 2
Jim Coletta, Vice-Chairman, District 5
Donna Fiala, Commissioner, District 1
Tom Henning, Commissioner, District 3
Fred W. Coyle, Commissioner, District 4
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. 2004-05, 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.
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1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Associate Pastor David Swicegood, Marco Presbyterian 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. February 28, 2006 - BCC/Regular Meeting
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1. Gregory Tavernier, Water Department
B. 25 Year Attendees
1. Nery Anderson, Building Review and Permitting
2. Timothy Billings, CDES Graphics Department
4. PROCLAMATIONS
A. Proclamation designating April as being Water Conservation Month. To be accepted by Paul
Mattausch, Water Department Director.
B. Proclamation proclaiming April 19, 2006 as Distinguished Public Services Awards Day. To be
accepted by Patrick O'Connor.
C. Proclamation proclaiming March 28, 2006 as Lely High School Mock Trial Team Day. To be
accepted by Mr. Rick Bruno, teacher at Lely High School.
D. Proclamation designating March 28, 2006 as The Barron Collier High School Girls Basketball
Championship Day. To be accepted by: Coach Mike Hamburger
E. Proclamation designating the week of May 5-9,2006 as Battle of Coral Sea Week, a 1942
World War II battle. To be accepted by Dr. William Roy.
5. PRESENTATIONS
A. Recommendation to recognize Renee Finsterwalder, Compensation Analyst, Human
Resources Department, as Employee of the Month for March 2006.
6. PUBLIC PETITIONS
A. Public Petition request by Sal Soldano to discuss relief of liens and/or payment interest on
property received from a Collier County Tax Certificate Sale.
B. Public Petition request by Steve Kirk to discuss proposed affordable housing development
"The Reserve at Eden Gardens".
C. Public Petition request by Sharon I. VanSlyke to discuss flooding in Quail Hollow.
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Item 7 and 8 to be heard no sooner than 1 :00 ".m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. SE-2006-AR-9097, Scriveners Error Petition to correct the legal description that replaces and
supersedes Resolution No. 2005-432, which granted an after-the-fact variance for a 5.3-foot
encroachment into the required ten (10) foot rear yard (accessory) setback, on a waterfront
lot at 175 Bayview Avenue.
B. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. VA-2005-AR-8693; Eberhard Thiermann, represented by Richard D.
Yovanovich, of Goodlette, Coleman, & Johnson, P.A., is requesting a variance from the
required 10-foot rear setback for a screen enclosure of 3.2 feet in the RSF-3 zoning district.
The subject property is located at 117 Channel Drive, in Section 29, Township, 48, Range 25,
Collier County, Florida.
8. ADVERTISED PUBLIC HEARINGS
A. This amendment of the Affordable Housing Density Bonus (AHDB) Rating System is
continued from the February 28, 2006 public hearing of LDC Amendment 2005 Cycle 2. The
Board directed that staff provide data to support the requested increase in bonus unit awards
across the levels of affordable housing income provided for in section 2.06.03 Table A.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Affordable Housing Commission.
B. Appointment of member to the County Government Productivity Committee.
C. Discussion by the Board of County Commissioners to direct County Attorney staff to draft a
resolution to allow a Commissioner to request investigation of County business by the Clerk
of Courts. (Commissioner Henning)
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 11 :00 a.m. To review the written and oral reports of the following
Advisory Boards and Committees scheduled for review in 2006 in accordance with Ordinance
No. 2001-55: Historical and Archaeological Preservation Board, Lake Trafford Restoration
Task Force, Land Acquisition Advisory Committee and Public Vehicle Advisory Committee.
(Michael Sheffield, Assistant to the County Manager)
B. Recommendation to approve amendment number four (4) for a Guaranteed Maximum Price
(GMP) of $1,716,800 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 fourth floor renovations, project number 52004. (Len Price,
Administrator, Administrative Services)
C. Recommendation to adopt a superseding resolution authorizing condemnation of fee simple
interests for the proposed right-of-way and/or stormwater retention and treatment pond sites,
as well as perpetual, non-exclusive road right-of-way, drainage and utility easements,
temporary construction easements and temporary driveway restoration easements, which
will be required for the construction of roadway, drainage and utility improvements to Santa
Barbara Boulevard from Davis Boulevard to Pine Ridge Road. (Project No. 62081) (Estimated
fiscal impact: $14,180,000) (Norman Feder, Administrator, Transportation Services)
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D. Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee
simple interests and/or those perpetual or temporary easement interests necessary for the
construction of roadway, drainage and utility improvements required for the extension of
Santa Barbara Boulevard from Davis Boulevard to Rattlesnake Hammock Road. (Capital
Improvement Element No. 32, Project No. 60091). Estimated fiscal impact: $10,918,000.
(Norman Feder, Administrator, Transportation Services)
E. Report to the Board on a request from the Collier County Housing Development Corporation
that the Board of County Commissioners of Collier County donate the residential portion of
the Bembridge PUD to be used for Affordable-Workforce Housing (Joseph K. Schmitt,
Administrator, Community Development and Environmental Services Division)
F. Recommendation to approve four Fringe Benefit Program initiatives for non-bargaining unit
employees in order to combat turnover and to improve the recruitment and retention of
employees. (Len Price, Administrator, Administrative Services)
G. Recommendation that the Board authorize the advertisement of a public hearing in regard to
increasing Collier Area Transit (CAT) bus fares to be scheduled on May 23, 2006. (Norman
Feder, Administrator, Transportation Services)
H. Recommendation to award Contract 06-3924 to Douglas N. Higgins Inc., in the amount of
$4,369,400, for the construction of a Reclaimed Water Aquifer Storage and Recovery System,
approve Work Order HDR-FT-3785-06 under Contract 05-3785 with HDR, Inc. for construction
engineering inspection services, in the amount of $167,800, and approve the necessary
budget amendment for Project 74030. (Jim DeLony, Administrator, Public Utilities)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. This item was continued from the January 24, 2006 BCC Meeting and was further continued
from the February 14, 2006 BCC Meeting to the March 28, 2006 BCC Meeting.
Recommendation that the Board of County Commissioners adopt a Resolution Superseding
Resolution No. 94-136, and providing guidelines for consideration of applicants for
appointment to Advisory Boards.
B. Recommendation that the Board of County Commissioners approve a mediated settlement
providing for the purchase of the remainder property, full compensation for the acquisition of
Parcel 178, and attorneys fees in the case styled Collier County v. Teodoro Gimenez, et al.,
Case No. 04-0561-CA (Vanderbilt Beach Road Project #63051). (Total Fiscal Impact:
$1,534,876)
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 10:00 a.m. Presentation of the Comprehensive Annual Financial
Report for the Fiscal Year ended September 30, 2005. A copy of the 2005 Comprehensive
Annual Financial Report has been given to each Commissioner. A copy is available for
viewing at the Clerk of the Circuit Court's Finance and Accounting Office.
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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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 for recording the final plat of Pine Air Lakes Unit Six.
2. Recommendation to approve for recording the final plat of Caldecott, approval of the
standard form Construction and Maintenance Agreement and approval of the amount of the
performance security.
3. Recommendation to award RFP #05-3888 Development of a Final Management Plan for the
Railhead Scrub Preserve, a Conservation Collier property, and a template for a Final
Management Plan that can be applied to all Conservation Collier Preserves, at a cost of
$38,821 to URS Corporation Southern.
4. Recommendation to grant final approval of the roadway (private) and drainage improvements
for the final plat of Banyan Woods The roadway and drainage improvements will be privately
maintained.
5. CARNY-06-AR-9339, Duane Wheeler, Carnival Co-Chairman, Rotary Club of Immokalee,
requesting a permit to conduct a carnival on April 3rd through April 6, 2006, in the Immokalee
Regional Airport located at 165 Airport Boulevard.
6. Recommendation to adopt a Resolution opposing enactment into law proposed Florida
House Bill 1199 relating to Cable Television and video programming services, removing all
local cable television franchise authority and provisions to grant or renew any cable
television franchise certificates.
7. Recommendation to adopt a Resolution opposing enactment into law proposed Florida
Senate Bill 1984 relating to Cable Television and video programming services, prohibiting the
requiring of in-kind contributions from cable television franchises, to include supporting the
use or construction of public, educational or government (PEG) access facilities.
8. Recommendation to adopt a Resolution opposing enactment into law proposed United States
(U.S.) Senate Bill 1504 relating to Cable Television and video programming services,
preempting all local authority over the provision of cable and video services within the
community, including the ability of local governments to provide appropriate oversight to
entities conducting such business within its jurisdiction, including local public rights-of-way
9. A request that the Collier County Board of County Commissioners approve LDC Special
Cycle 2006 1a, to amend the Bayshore and Gateway Triangle Mixed Use District (MUD)
Overlays with the addition of an administrative deviation process. These overlays were
recently adopted to guide redevelopment in the Bayshore/Gateway Community
Redevelopment Area.
B. TRANSPORTATION SERVICES
1. Recommendation to award Contract #06-3905 Fixed Term Road Safety Audit Services" to
three firms at an estimated cost of $180,000 annually.
2. Recommendation to accept a quitclaim deed for Livingston Road and Radio Road rights-of-
way. No fiscal impact.
3. Recommendation for the Board of County Commissioners to approve a budget amendment
to recognize revenue received for the Collier County Transportation Disadvantaged Program
in the amount of $26,804.73.
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4. Recommendation to approve Change Order No.2 to Professional Services Agreement No. 04-
3587 in the amount of $398,713 for additional engineering services with American Consulting
Engineers of Florida, LLC for design additions and modifications to the County Barn Road
expansion project from Rattlesnake Hammock Road to Davis Blvd., Project No. 60101.
5. Recommendation to approve the Department of the Army Corps of Engineers permit for the
Haldeman Creek Dredging Project.
C. PUBLIC UTILITIES
1. Recommendation to award Contract 05-3838R, Land Development, Conditional Use Rezone,
and Permitting Services for the Solid Waste Park for Collier County, with Post, Buckley,
Schuh & Jernigan, Inc., for the site of the Solid Waste Park, Project 59007, in the amount of
$569,049.
2. Recommendation to authorize conveyance of an Easement to Florida Power & Light
Company (FPL) for the installation of underground electric facilities to provide electric
service to the South County Regional Water Treatment Plant 12-MGD Reverse Osmosis
Expansion (SCRWTP 12-MGD RO Expansion), at a cost not to exceed $27.00, Project Number
700971.
3. Recommendation to approve, execute and record Satisfactions for certain Water and/or
Sewer Impact Fee Payment Agreements. Fiscal impact is $68.50 to record the Satisfactions of
Lien.
4. 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 1991 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact
is $20.00 to record Satisfaction of Lien.
5. 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 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal
impact is $60.00 to record the Satisfactions ofUen.
6. 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 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal
impact is $50.00 to record the Satisfactions of Lien.
7. 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 $50.00 to record the Satisfactions of Lien.
8. 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 $90.00 to record the Satisfactions 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 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal
impact is $100.00 to record the Satisfactions of Lien.
10. Recommendation to award construction Work Order UC-195 under fixed term Underground
Utilities Contract 043535 to Mitchell and Stark, Inc. in the amount of $110,000 for the removal
of the emergency storage bleach facility, and to award Work Order CHM-FT -3291-06-02 under
Fixed Term Engineering Services Contract 01-3291 to CH2M HILL, Inc. in an amount of
$46,900 for Time and Materials to provide Construction Engineering Inspection services to
serve the North County Water Reclamation Facility (NCWRF), and approve the necessary
Budget Amendments in the amount of $156,900, Project Number 73966.
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11. Recommendation to authorize the purchase of sole-source equipment, for specific
rehabilitation projects in the amount not to exceed of $281,000 for the North County Water
Reclamation Facility Rehabilitation, Project 725321.
12. Recommendation to award Work Order CAE-FT-3785-06-02 with Carollo Engineers, P.C. for
professional engineering services for High Pressure Reverse Osmosis Demonstration Scale
Testing at the North County Regional Water Treatment Plant (NCRWTP) in the amount of
$264,900, Project Number 70094.
13. Recommendation to award Work Order CDM-FT-3785-06-07 with Camp, Dresser, and McKee,
Inc., for professional engineering services for the proposal and writing services of up to 24
grant application submittals to the South Florida Water Management District (SFWMD) and
Big Cypress Basin (BCB) for the Lower West Coast Water Supply Plan (LWCWSP) in relation
to the Alternative Water Supply (AWS) Funding, and approve the necessary Budget
Amendments in the amount of $99,850 for Project Number 75009.
D. PUBLIC SERVICES
1. Recommendation to approve the creation of a Trust Fund to distribute available funding to
citizens affected by future natural disasters and to create an Individual Care Coordinating
Council for managing the distribution of these funds.
2. Recommendation to accept a grant in the amount of $18,230 and approval of an agreement
between Collier County Board of Commissioners, the South Florida Water Management
District, for the continuation of the Florida Yards & Neighborhoods program through Collier
County University Extension.
3. Recommendation that the Board of County Commissioners Authorize the Public Services
Administrator to Sign the Annual Application for Funding from the United Way Thru the 4H
Foundation
4. Recommendation to award Bid #06-3936 for food for the summer meal program for Parks and
Recreation to Cheney Brothers, Inc. at an estimated cost of $150,000
5. Recommendation to approve a budget amendment appropriating $35,000 from reserves to
fund the initial environmental site assessment and remedial action in response to the fuel
spill at Caxambas Park.
6. Recommendation to approve a budget amendment appropriating $200,000 from reserves to
fund the installation of a new fuel system at Caxambas Park.
E. ADMINISTRATIVE SERVICES
1. Recommendation to award contract #06-3914, Construction Management at Risk Services for
the Collier County Fleet Facilities, to Wright Construction Corp., projects 52009 and 35010, in
the amount of $44,070 for pre-construction services, and to approve a professional services
work order with CH2MHill for construction inspection and oversight in the amount of
$293,380.
2. Recommendation to award Bid No. 06-3890 for the purchase of irrigation parts to Boynton
Pump and Irrigation Supply, Inc. and Florida Irrigation Supply.
3. Recommendation to approve a plan to provide temporary residential housing for new County
hires and/or interns.
4. Authorize the release of Work Order #PBS-02-52, in the amount of $178,450.00, issued to Wall
Systems Inc. of South West Florida, doing business as Professional Building Systems (PBS).
This work order is for remodeling the Risk Management clinic and office areas in Building D
and is issued under Annual General Contractor Contract RFP # 02-3349.
5. Recommendation to approve a budget amendment to Fund 516, Property and Casualty
Insurance, in the amount of $12,530,280 to pay the cost of property insurance claims related
to Hurricane Wilma and to recognize corresponding reinsurance and FEMA recoveries in the
amount of $12,492,780.
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F. COUNTY MANAGER
1. Recommendation that the Board of County Commissioners award Bid #06-3951 Horticulture
Debris Hauling and Disposal to Wherry Truck Lines, Inc., for Pelican Bay debris cleanup.
2. Recommendation to approve a Modification to the Fiscal Year 2006 Emergency Management
Preparedness & Assistance Grant accepting $42,018 and approve a Budget Amendment to
recognize and appropriate the revenue.
3. Recommendation to approve a Budget Amendment and authorize negotiation of a
Professional Services Work Order with BSSW Architects (Contract #01-3235) not to exceed
$78,000 and authorize negotiation of a Professional Services Work Order with Q. Grady Minor
& Associates (Contract #01-3290) not to exceed $110,000 for a new Emergency Medical
Services facility, Project #55160.
4. Recommendation to reallocate real property purchased under the Vanderbilt Beach Road 6-
laning project (Project No. 63051) to Collier County Emergency Medical Services to utilize for
the construction of EMS Station 72, Project 55150, approve a Budget Amendment in the
amount of $420,000 and authorize negotiation of a Professional Services Work Order with
BSSW Architects not to exceed $40,000 and Q. Grady Minor & Associates not to exceed
$130,000.
5. Recommendation that the Board of County Commissioners award Bid #06-3948 Oakmont
Retaining Wall in Pelican Bay to International Contracting, LLC. and to approve a budget
amendment in the amount of $134,800.00, project 51104 and to authorize the Chairman to
sign the standard contract after review by the County Attorney.
6. Recommendation to approve a Budget Amendment to fund the balance of replacement
ambulances for the Emergency Medical Services Department in the amount of $171,000.
7. Approve budget amendments.
G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
1. To approve and execute Site Improvement Grant Agreements between the Collier County
Community Redevelopment Agency and grant applicants within the Bayshore Gateway
Triangle Community Redevelopment area.
H. BOARD OF COUNTY COMMISSIONERS
1. Commissioner Coletta requests approval for reimbursement for prepaying $40.00 to attend
and speak at the 3RD Annual Florida Tradeport Briefing and Barbecue sponsored by the
Economic Development Council of Collier County on March 31, 2006, to be paid from his
travel budget.
2. Commissioner Coletta requests approval for reimbursement for prepaying to attend a
function serving a valid public purpose. Commissioner prepaid to attend the Leadership
Collier Class of 2006 Graduation Ceremonies on May 10,2006 and is requesting
reimbursement in the amount of $50.00, to be paid from his travel budget.
3. Commissioner Fiala requests Board approval for reimbursement to attend a function serving
a valid public purpose. To attend the Marco Island Civil Air Patrol Celebration on April 10th,
2006 at the Marco Island Presbyterian Church; $15.00 to be paid from Commissioner Fiala's
travel budget.
4. Commissioner Halas request for Board approval for payment to attend function serving a
valid public purpose to attend Naples Alliance for Children Annual Advocacy Dinner on
Wednesday, April 5, 2006; $35 to be paid from Commissioner Halas' travel budget.
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I. MISCELLANEOUS CORRESPONDENCE
1. Miscellaneous Correspondence to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1. Recommendation that the Board of County Commissioners authorize the Clerk's Office to file
the State of Florida Annual Local Government Financial Report for the Fiscal Year 2004-2005
as required by Florida Statute 218.32. A copy of the State of Florida Annual Local
Government Financial Report for the Fiscal year 2004-2005 is available for viewing at the
Clerk of the Circuit Court's Finance and Accounting Office.
2. Recommendation that the Board of County Commissioners authorize the transfer of funds
collected under Ordinance 04-42 to the Clerk of Courts to fund the second year of the Collier
County Juvenile Assessment Center Agreement with the David Lawrence Center.
K. COUNTY ATTORNEY
1. Recommendation to approve a Stipulated Final Judgment for Parcels 166A and 166B in the
lawsuit styled Collier County v. Juan Ramirez, et al., Case No. 02-5166-CA (Immokalee Road
Project No. 60018). (Fiscal Impact $94,153.50)
2. Recommendation to approve a Mediated Settlement Agreement and Stipulated Final
Judgment for Parcel No. 126 in the lawsuit styled Collier County v. North Naples Fire Control
& Rescue District, et aI., Case No. 02-1702-CA (Goodlette-Frank Road Project 60134). (Fiscal
Impact $210,980.43)
3. Recommendation that the Board of County Commissioners Authorize the County Attorneys
Office to Make a Business Damage Offer to Settle a Claim for Business Damages by Golden
Gate Nursery, Inc. resulting from the Acquisition of Parcel 140 in the Case Styled Collier
County v. Rosa A. Hernandez, et aI., Case No. 05-1033-CA (CR 951, Collier Boulevard, Project
#65061) (Fiscal Impact, if accepted is $162,500)
4. Recommendation that the Board of Collier County Commissioners approves a Release and
Satisfaction of Lien for 2642 44th Terrace SW, Naples, for any claim of lien arising out of
Code Enforcement Board Case No. 2006-04.
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 QUASI-JUDICIAL 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 AVESMT2005-AR8891 to
disclaim, renounce and vacate the County's and the Publics interest in a Portion of Tract R
and a portion of a 10 foot utility easement according to the plat of Creekside Commerce Park
Unit Two as recorded at Plat Book 35, Pages 43 through 44, Public Records of Collier County,
Florida.
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B. An Ordinance of Collier County, Florida, amending Collier County Ordinance No. 2001-75, as
amended, The Public Vehicle for Hire Ordinance, by amending Subsection 142-52(6) to
grandfather two (2) Vehicle For Hire businesses currently certificated by the Public Vehicle
For Hire Advisory Committee that had taxi, cab or taxicab in its trade name as of December
11, 2002 but do not provide mileage metered service; also amending Subsection 142-54 (A)
(10) to delete the now outdated requirement to provide a notarized copy of proof of
advertising for a fictitious name.
C. Recommendation that the Board of County Commissioners consent to the request of the
Board of Supervisors of the Wentworth Community Development District and adopt an
ordinance amending Ordinance No. 2004-37 in order to correct an error in the metes and
bounds legal description of the Wentworth Community Development District.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY
MANAGER'S OFFICE AT 774-8383.
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AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
March 28. 2006
Item 3B: Should read: "30 Year Attendees". Both Nery Anderson and Timothy Billings are
receiving 30-year service awards. (Staff's request.)
Withdraw Item 6B: Public Petition request by Steve Kirk to discuss proposed affordable housing
development "The Reserve at Eden Gardens". (Petitioner's request.)
Move Item 7A to Item 17D: SE-2006-AR-9097, Scriveners Error Petition to correct the legal
description that replaces and supersedes Resolution No. 2005-432, which granted an after-the
fact variance for a 5.3 foot encroachment into the required ten (10) foot rear yard (accessory)
setback, on a waterfront lot at 175 Bayview Avenue. (Staff's request.)
Continue Item 9C Indefinitelv: Discussion by the Board of County Commissioners to direct
County Attorney staff to draft a resolution to allow a Commissioner to request investigation of
County business by the Clerk of Courts. (Commissioner Henning request.)
Item 10C: The fiscal impact is identified as $14,180,000 in the agenda index, but is identified as
$5,693,500 in the actual executive summary. The correct fiscal impact is $5,693,500. (Staff's
request.)
Continue Item 13A Indefinitelv: Presentation of the Comprehensive Annual Financial Report for
the Fiscal Year ended September 30, 2005. A copy of the 2005 Comprehensive Annual Financial
Report has been given to each Commissioner. A copy is available for viewing at the Clerk of the
Circuit Court's Finance and Accounting Office. (Staff's request.)
Move Item 16A6 to 101: Recommendation to adopt a Resolution opposing enactment into law
proposed Florida House Bill 1199 relating to Cable Television and video programming services,
removing all local cable television franchise authority and provisions to grant or renew any cable
television franchise certificates. (Commissioner Halas' request.)
Move Item 16A7 to 10J: Recommendation to adopt a Resolution opposing enactment into law
proposed Florida Senate Bill 1984 relating to Cable Television and video programming services,
prohibiting the requiring of in-kind contributions from cable television franchises, to include
supporting the use or construction of public, educational or government (PEG) access facilities.
(Commissioner Halas' request.)
Move Item 16A8 to 10K: Recommendation to adopt a Resolution opposing enactment into law
proposed United States (U.S.) Senate Bill 1504 relating to Cable Television and video
programming services, preempting all local authority over the provision of cable and video
services within the community, including the ability of local governments to provide appropriate
oversight to entities conducting such business within its jurisdiction, including local public
rights-of-way. (Commissioner Halas' request.)
Item 16C13: The amount in the title on the agenda index should read "$99,955" (rather than
$99,850). All backup material is correct. (Staff's request.)
Move Item 16D1 to 10L: Recommendation to approve the creation of a Trust Fund to distribute
available funding to citizens affected by future natural disasters and to create an Individual Care
Coordinating Council for managing the distribution of these funds. (Commissioner Henning's
request.)
Move 16F3 to 10M: Recommendation to approve a budget amendment and authorize negotiation
of a Professional Services Work Order with BSSW Architects (Contract #01-3235) not to exceed
$78,000 and authorize negotiation of a Professional Services Work Order with Q. Grady Minor &
Associates (Contract #01-3290) not to exceed $110,000 for a new Emergency Medical Services
facility, Project #55160. (Commissioner Henning's request.)
Move 16F4 to 10N: Recommendation to reallocate real property purchased under the Vanderbilt
Beach Road 6-laning project (Project No. 63051) to Collier County Emergency Medical Services to
utilize for the construction of EMS Station 72, Project 55150, approve a budget amendment in the
amount of $420,000 and authorize negotiation of a Professional Services Work Order with BSSW
Architects not to exceed $40,000 and Q. Grady Minor & Associates not to exceed $130,000.
(Commissioner Henning's request.)
Continue Item 16J1 Indefinitelv: Recommendation that the Board of County Commissioners
authorize the Clerk's Office to file the State of Florida Annual Local Government Financial Report
for the Fiscal Year 2004-2005 as required by Florida Statute 218.32. A copy of the State of Florida
Annual Local Government Financial Report for the Fiscal year 2004-2005 is available for viewing
at the Clerk of the Circuit Court's Finance and Accounting Office. (Staff's request.)
Item 17B: The last sentence in Section One, which is a revision to Subsection (6) in Section
142.52 of the Collier County Code of Laws and Ordinances (the same being part of Section One of
Collier County Ordinance No. 2001-75, as amended), should be stricken through. This sentence
reads as follows: "Each person or entity planning to operate under a fictitious name shall attach
to the application a notarized copy of the newspaper notice published in accordance with Section
865.09. Florida Statutes". (Staff's request.)
Note:
Item 16E2: Staff is recommending award to Florida Irrigation Supply as primary and Boynton
Irrigation and Supply, Inc., as secondary vendor for the purchase of irrigation parts and related
items. (Executive Summary did not state order of primary and/or secondary vendor.) (Staff's
request.)
Item 17D (Drevious Item 7A): This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. (Staff's request.)
Time Certain Items:
Item 10A to be heard at 11:00 a.m. To review the written and oral reports of the following
Advisory Boards and Committees scheduled for review in 2006 in accordance with Ordinance No.
2001-55: Historical and Archaeological Preservation Board, Lake Trafford Restoration Task
Force, Land Acquisition Advisory Committee and Public Vehicle Advisory Committee.
Item 12B to be heard at 10:00 a.m. Recommendation that the Board of County Commissioners
approve a mediated settlement providing for the purchase of the remainder property, full
compensation for the acquisition of Parcel 178, and attorneys fees in the case styled Collier
County v. Teodoro Gimenez, et aI., Case No. 04-0561-CA (Vanderbilt Beach Road Project #63051,
total fiscal impact $1,534,876).
Agenda Item No. 4A
March 28,2006
Page 1 of 2
-"
PROCLAMATION
WHEREAS, water is a basic and essential need of every living creature; and
WHEREAS, The State of Florida, Water Management Oistricts and Collier County are
working together to increase awareness about the importance of water
conservation; and,
WHEREAS, Collier County and the State of Florida have designated April, typically a dry
month when water demands are most acute, Florida's Water Conservation
Month, to educate citizens about how they can help save Florida's precious
water resources; and,
WHEREAS, Collier County has always encouraged and supported water conservation through
various educational programs and special events; and,
WHEREAS, every business, industry, school and citizen can make a difference when it
comes to conserving water; and,
WHEREAS, every business, industry, school and citizen can help by saving water and thus
promote a healthy economy and community.
~-
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County,
Florida, that the month of April be recognized as
Water Conservation Month
Collier County, Florida is calling upon each citizen and business to help protect
our precious resource by practicing water saving measures and becoming more
aware of the need to conserve water.
[)ONE ANO OROEREO THIS 28th Day of March, 2006.
BOARO OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Frank Halas, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
-.
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
4A
Agenda Ilem NQ. 4A
Mardi 28. 2006
Page 2 of 2
Proclamation designating April as being Waler ConservatIOn Month. To be accepted by Paul
Matt311sch, Water Department Director
3/28/20069:00:00 AM
Prepared By
Paula Springs
Board of County
Commissioners
Executive Aide to the BCC
Bee Office
Date
3/20/20064:32:31 PM
Approved By
Sua Filson
Board of County
Commissioners
Executive Manager to the Bee
Bee Office
Date
3120(20064:52 PM
Approved By
Leo E, O~hs, Jr,
Board of County
Commi$sion&rs
Deputy County Manager
County Manager's Office
Date
3120/2006 6:07 PM
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
Agenda Item No. 48
March 28, 2006
Page 1 of 2
PROCLAMATION
the Greater Naples Chamber of Commerce, in cooperation with
the Naples Daily News, is celebrating "Distinguished Public
Services Awards Day"; and,
an individual from law enforcement, fire, and emergency services
will be selected for this award based on achievement above the
norm, and/or generous individual acts throughout the year; and,
these recipients will be awarded at a breakfast event on April
19th, to be held at The Naples Hilton and Towers in Naples;
and,
nominations for these awards have been solicited by The Naples
Daily News through advertisements and through the various
department officers'; and,
the individuals will be chosen by an anonymous selection
committee.
-
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that April 19, 2006 be designated as
DISTINGUISHED PUBLIC SERVICES AWARDS DAY
when these outstanding public employees will be recognized for
their outstanding commitment to our community.
DONE AND ORDERED THIS 28th Day of March, 2006.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
-
Agendilltem No. 4B
March 28, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
4B
Meeting Date:
Proclamation proclaiming April 19, 2006 as DistingUIshed Public ServIces Awards Day, To be
accepted by Patrick O'Connor
3,'28/20069:00:00 AM
Prepared By
Paula Springs
Board of County
Commissioners
Executive Aide to the BCe
Date
Bce Office
3/20120064.36:38 PM
Approved B}'
Sue Filson
Executive Manager to the BCe
Date
Board of County
Commissioners
Bce Office
3/2012006 4;52 PM
Appro,'ed By
Leo E, Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
3/20J2006 5:11 PM
Agenda Item No. 4C
March 28. 2006
Page 1 of 2
A-
PROCLAMATION
WHEREAS, on February 24 and 25, 2006, the Lely High School Mock Trial
Team competed against Canterbury School and Charlotte High
School in the 20th Judicial Circuit Mock Trial Championship at the
Lee County Justice Center in Fort Myers: and,
WHEREAS, Ruth Damys, Jonathon Cooper, Kristen Cooke, Chrisandra Downer,
Nancy Spector, Leah Litvak, Stephanie Tears and Jessica
Octavien led the way in defeating Canterbury School at the
regional level to advance to the state tournament: and,
WHEREAS, Ruth Damys earned the Best Attorney award for both the
prosecution and defense, Chrisandra Downer earned the Best
Witness award for both prosecution and defense, and Kristen
Cooke earned Best Closing Argument: and,
--
WHEREAS, the Lely High School Mock Trial Team will represent the 20th
Judicial Circuit at the state championship in Orlando from March
30 through April 1: and,
WHEREAS, the team will bring a perfect 10-0 record in match play to the
tournament: and,
WHEREAS, participating in mock trial competitions provides students with an
excellent understanding of American legal processes, while building
self-esteem, teamwork and developing public speaking skills.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that March 28, 2006, be designated
as
Lely High School Mock Trial Team Day
DONE AND ORDERED THIS 28th Day of March, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
ATTEST:
-
DWIGHT E. BROCK, CLERK
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
4C
Agenda Item No. 4C
March 28. 2006
Page 2 of 2
Proclamation proclaiming March 28. 2006 as Lely High Scrlool Mock Trial Team Day_ To be
accepted by Mr. Rick Bruno. teacher at Lely f-hgh School
3/28/2006900:00 AM
Prepared By
Paula Springs
Board of County
Commissioners
Executive Aickl to the BCe
Date
Approved By
Sue Filson
Board of County
Commissioners
Bce Office
3/20120064:46:07 PM
Approved By
Leo E, Ochs, Jr.
Board of County
Commissioners
Executive Manager to the Bee
Date
Bee Office
3/20120064:53 PM
Deputy County Manager
Date
County Manager's Office
3120120065:16 PM
Agenda Item No. 40
March 28, 2006
Page 1 of 2
."-^
PROCLAMATION
WHEREAS, on Friday, February 24, 2006 the Barron Collier High School
Girls basketball team won the Class 5A State Basketball
Championship in Lakeland, Florida: and,
WHEREAS, Allison Naretta, Brittany Benson, Morgen Aston, Courtney Jacob,
Shalana Stice, McKenzie Gatz, Dani Johnson, Karady Gatz, Erin
Zampell, Lauren Welch, Kelsey Assarian, Kasey Will and Breon
Spiro: along with their Coach, Mike Hamburger, and assistants
Mike Slaughter, George Gabourel and Ethan Bulger brought this
team to a victory with a score of 43 - 36 against the No. 1
ranked Winter Haven Blue Devils: and,
WHEREAS, the Barron Collier High School Girls basketball team ended their
season 31 - 2, winning their last 18 games: and
WHEREAS, the Barron Collier High School Girls Basketball team has never
won this championship in the 84-year history of its sport:
_.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that March 28, 2006, be designated
as
The Barron Collier High School
Girls Basketball Championship Day
DONE AND ORDERED THIS 28th Day of March, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
--
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
40
Agenda Item No. 4D
March 28. 2006
Page 2 of 2
Proclamation designating March 28. 2006 as The Barron Collier Higt1 School Girls Basketball
Championship Day To be accepted by: GOBen Mike Hamburger
3128/20069:00:00 AM
Date
Prepared By
Paula Springs
Board 01 County
Commissioners
Executive Aide to the BCe
Bee Office
3/20/20064:53:41 PM
Date
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the Bee
Bce Office
3120(20064:53 PM
Date
Approved By
Leo E, Dchs, Jr.
Board of County
Commission!!'",
Depuly County Manager
County Manager's Office
3/20/20065:15 PM
Agenda Item No. 4E
March 28, 2006
Page 1 of 3
PROCLAMATION
WHEREAS, from May 4-8, 1942, the American and Australian Navies fought together in the Baffle of
the Coral Sea, the first of the Pacific War's six battles between opposing aircraft carrier
forces, to defeat the Japanese from capturing Port Moresby and ending Japanese
expansion southward; and,
WHEREAS, the Australian military provided crucial military intelligence that allowed both U.S. and
Australian forces to adequately prepare for battle; and,
WHEREAS, on May 1, 1942, HMAS Australia and HMAS Hobart departed Sydney under orders to join
United States aircraft carriers USS Lexington and USS Yorktown; and,
WHEREAS, the Battle of the Coral Sea was the first sea battle in history where none of the opposing
ships were within gunfire range, with all damage to the ships being inflicted by aircraft;
and,
WHEREAS, during the battle, the Japanese military unsuccessfully attacked the HMAS Australia and
HMAS Hobart, while severely damaging the USS Yorktown and USS Lexington (which was
later abandoned and torpedoed by American forces to prevent her capture); and.
_.
WHEREAS, Allied Forces in the Saffle of the Coral Sea prevented the Imperial Japanese Navy
aircraft carriers from participating in the Sattle of Midway and saved friendly forces in
Port Moresby from facing an overwhelming invasion; and,
WHEREAS, each year since 1946, Coral Sea Week has been celebrated in Australia to express
gratitude to the United States for its part in the battle and the support given to Australia
by America in World War II; and,
WHEREAS, USS Yorktown survivor and Collier County resident Dr. William G. Roy has been invited to
Adelaide, South Australia, as a guest speaker at this years National Celebration of the
64h Anniversary of the Battle of the Coral Sea; and,
WHEREAS, Dr. Roy was a Photographer's Mate Second Class onboard the USS Yorktown at the Baffle
of the Coral Sea and at the Battle of Midway and shot numerous photos and reels of film
that have been used in many historical publications and documentaries; and,
WHEREAS, the Collier County Soard of County Commissioners would like to express its appreciation to
Australia for recognizing Dr. Roy and all WWII veterans for their unselfish service to our
two great nations.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida,
that the week of May 5-9, 2006 be designated as
Coral Sea Week
DONE AND ORDERED THIS 28th Day of March, 2006.
-
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Frank Halas, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Agenda Item No. 4E
March 28,2006
Page 2 of 3
Agenda Item No. 4E
March 28. 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
4E
Meeting Date:
Proclamation designating the week of May 5~9, 2006 as Battle 01 Coral Sea Week, a 1942
World War II battle. To be accepted by Dr. Wilham Roy
3i28/2006 9:00:00 AM
Prepared B)'
Paula Springs
Board of County
Commissionert>
Executive Aide to the Bee
Date
Bee Office
3/2112006 2:51 ~12 PM
Approved By
Sue Filson
Executive Manager to the BCe
Date
Board of County
Commissioners
Bce Office
3/21/20062:55 PM
Approved 8J
Leo E. Ochs. Jr.
Board of County
Commissionnn;
Deputy County Manager
Date
County Manager's Office
3121/20063:22 PM
Agenda Item No. 5A
March 28,2006
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to recognize Renee Finsterwalder, Compensation Analyst, Human
Resources Department, as Employee of the Month for March 2006
OBJECTIVE: To recognize Renee Finsterwalder, Compensation Analyst, Human Resources
Department, as Employee of the Month for March 2006.
CONSIDERATIONS: Renee performed in an excellent fashion in association with the FY 2006 Pay Plan
which was an extraordinary year from a Pay Plan perspective. Many unforeseen complications arose
during the process and included:
. The introduction of exception payroll processing for certain non-exempt classifications required
that Renee develop 2 additional spreadsheets
· The performance evaluation scoring in PUD required the development of 3 additional
spreadsheets.
· Renee developed several additional spreadsheets for budget modeling purposes. These were
required because of the inherent complications with the spreadsheet used to calculate and
update SAP.
· The vote on the Pay Plan was delayed resulting in the need to back out the pre-loaded increases
from SAP in a very short time frame.
· Some employees' salaries exceeded pay grade maximum requiring last minute changes to the
formulas in 10 spreadsheets.
.-
Renee accepted these changes with aplomb and once again the pay raises were successfully loaded to
SAP. On an atter the fact basis, she answered many inquiries from managers and employees and
provided. copies of substitute PARS when requested. In spite of these complications, the number of
questions that arose was significantly reduced from past years, a testament to the accuracy of the
calculations and to Renee's performance.
Renee's response to these circumstances was truly "above and beyond." In spite of unprecedented
complications, the pay increases were once again processed on time and with significantly improved
accuracy from past years.
The lay person may not appreciate the day to day pressures that accompany the role of a compensation
professional as we deal with perhaps the most charged issue in the workplace - employees' pay. We are
chartered by the CMO to enforce the CMAs and to ensure that County expenditures for pay increases are
warranted. This otten puts us in conflict with managers who wish to pay their employees more but may
not have the justification to do so within the context of the CMAs. Our role is to ensure that the
justification is appropriate and to balance managements' desires with the intent of the CMAs. This
requires patience, self confidence, the ability/desire to listen and a backbone. Renee has rapidly shown
that she has these traits to be a successful compensation professional.
FISCAL IMPACT: "Employee of the Month" selected receives a $150.00 cash award. Funds for this
award are available in the Department Budget Cost Center.
RECOMMENDATION: That Renee Finsterwalder is recognized as the "Employee of the Month" for March
2006.
PREPARED BY: Dawn Ragone, Administrative Assistant, Human Resources Department
--
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
5A
Agenda Item No. 5A
March 28, 2006
Page 2 of 2
Recommendation to recognize Renee FinstefWalder, Compensation Analyst, Human
Resources Department, as Employee of the Month for March 2006
312812006 9:()0:OO AM
Prepured By
Dawn Ragone
Administrative Services
Administrative Assistant
Date
Approved By
Jean Merrl"
Administrative Services
Human Resources
3/8120069:31 :58 AM
Len Golden Price
Approved By
Administrative Services
Human Resources. Director
Date
Approved By
OMS Coordinator
County Manager's Office
Human Resources
3/912006 1 :40 PM
Approved By
Michael Smykowski
County Manager'~ Office
Administrative Services Administrator
Date
Approved By
James V. Mudd
Board of County
Commissioners
Administrative Services Admin.
3/912006. 4:10 PM
Administrative Assistant
Date
Office of Management & Budget
3/15/2006 B:30 AM
Management & Budget Director
Date
Office of Management & Budget
3/1 512006 9: 32 AM
County Manager
Date
County Manager's Office
3/16/2006 8: 59 AM
.,.....-..<
Agenda Item No. 6A
March 28, 2006
Page 1 of 2
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tarniami Trail · Naples, Florida 34112 · (239) 774-8383 · Fax (239) 774-4010
February 13, 2006
Mr. Sal Soldano
70 North Sunset Street
Marco Island, FL 34145
Re: Public Petition Request to Discuss Relief of Liens and/or Payment Interest on
Property Received From a Collier County Tax Certificate Sale
Dear Mr. Soldano:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of March 14, 2006 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 "F") 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,
~
JVM/jb
cc: David Weigel, County Attorney
Joseph Schmitt, CD&ES Administrator
.-
Reauest to Soeak under e~ fltili20
Agenda Item No. 6A
March 28, 2006
Page 2 of 2
RECEIVED COUNTY MANAGER OFFICE
Please print
FEB 1 3 2006
Name: S A L Sc ~()
Address: 70' tJ. 5" C1 NS ~.t sf-
{}iA- ~W r: 5 L(1 (\& fl. 3 cf f If S-
Phone: ~. 3~" r3q 1ft,
Date of the Board t.Jeetina YOU wish to soeak: ----IDb O-~) ~D 0 (,
ACTiON
(;ILE
Please explain in detail the action YOU are askina the Commission to take (attach
additional oaae if oecessarv):
'~r}~:_P(t![~\~'i (\~~'~~,:fZ;~:+~~J:;~~e-
..v<.... ~ ~l!:.. ~I!. eA 'I\.te~e .d- (, f? [l..)'\~~ ~I!.., M M'l!Mt
~a~;~~:~ ~e~s~~:t"~D~;f~~'
c:\Docunlerlt8 and SetIInga'Arleen Soldano'Local Settings\Temporary Internet F1Ies\ContenllE5'I8PFl<HOFM'Public
Petition Request Fonn[1}.doc
... _....__a __ ...._1. Ii ......'-UJlJ rL ...3......1.......:), Ut::1I1l.1
.-
Agenda Item No. 68
March 28, 2006
Page 1 of 3
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail · Naples, Florida 34112 · (239) 774-8383 · Fax (239) 774-4010
March 6,2006
Mr. Steve Kirk, President
Everglades Community Association, Inc.
P.O. Box 343529
Florida City, FL 33034 FL 34120
Re: Public Petition Request to Discuss Proposed Affordable Housing Development "The
Reserve at Eden Gardens"
Dear Mr. Kirk:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of March 28, 2006 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 "F") 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
offi ce.
Si erely,
ames v. Mudd ~
County Manager
JVM/jb
cc: David Weigel, County Attorney
Commissioner Jim Coletta
Joseph Schmitt, C.D.&E.S. Administrator
-
03/06/06 MON 11:55 FAX
IaI 002
Agenda Item NO.oB .
March 28, 2006
Page 2 of 3
;>
EVERGLADES COMMUNITY ASSOCIATION
CYPRESS HOUSING CORPORATION
-AJ1ort1t1J1l<< HoUlbrgfor Worllill6 FdMllk6"
19308 SW 380tlt Street, Post omce Box 343529
Florida City, FL 33034
TelephoM (305) 242-2/42 Facsimik (305) 242-2/43
kirtcnet@vahoo.com
March 6111, 2006
SENT JIU FACSIMILE THIS DATE
Colonel lames V. Mudd
US Army, Retired
Collier County Manager
3301 East Tamiami Trail
Naples, Florida 34112
RE: The Reserve at Eden Gardens
Proposed Affordable Housing Project
Application Number: SDP-AR-8088
Dear Co!. Mudd:
Please fmd this letter as a formal request to have Eden Gardens Limited Partnership's
proposed affordable housing development "The Reserve at Eden Gardens" placed on the agenda
for the March 14111.2006 meeting of the Collier County Board of County Commissioners. We
have been working with Collier County's Department of Financial Management and Housing for
over a year to bring this much needed affordable housing development to the west side of the
Immokalee conununity. . The proposed 92 unit affordable housing development is scheduled to
consist of 88 units serving agricultunll employees earning 50% of the area median income and 4
units Serving persons with disabilities at risk of homelessness. This projoct represents over $9M
in Federal, state and local funds now in jeopardy.
The proposed Site Development Plan for the affordable hOUSing project was originally
submitted for revieW to Collier County in 2005. Having received SDP comments -- in particular
comments from enviromnental staff, we resubmitted the proposed Site Development Plan in early
February 2006. My c<<H.ievelopers, professional consultants, attorneys and I have worked with
staff to design. a project consistent with Collier County's Comprehensive Land Use Plan, Code of
Ordinances, and Land Development Code. Together we believe we have addressed each and
every staff concern with the project ~ the appropriate application of Collier County's native
vegetation preservation requirements under the Comprehensive Land Use Plan to this project.
We expressed our concern over staff's application of the Land Use Plan's native
vegetation preservation requirement to this affordable housing project with Commissioner Jim
Coletta, whose District includes the Immokolee community. Commissioner Jim Coletta
..-/...J
03/06/08 MON 11:58 FAX
IgJ 003
Agenda Item No. 6B
March 28, 2006
Page 3 of 3
suggested we bring this matter to the Board of County Commissioners for discussion and
direction.
Accordino:lv. we mmectfullv reauest The Reserve at Eden Gardens be Dlaced under the Public
Petition DOrtion of the a~da for the March 14. 2006 Board of County C'..nmmill8ioners meetin2
for discussion and direction or at the earliest oolsible tirm. '
Should you have any questions regarding this request or should you need any further information,
please do not hesitate to contact me directly. We look forward to bringing this much needed
affordable housing development to a reality within Collier County in light of the increasing
demand for such true workforce housing.
Ste Kirk
sident,
Everglades Community Association, Incorporated (305) 242-2142
Cc: District Five Commissioner Jim Coletta
...)
,'-"
Agenda Item No. 6C
March 28, 2006
Page 1 of 2
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail · Naples. Florida 34112 · (239) 774-8383 · Fax (239) 774-4010
March 15, 2006
Sharon I. VanSlyke
6046 Hollow Drive
Naples, FL 34112
Re: Public Petition Request to Discuss Flooding in Quail Hollow
Dear Ms. VanSlyke:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of March 28, 2006 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 "F") 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: David Weigel, County Attorney
Norman Feder, Transportation Services Administrator
-
Agenda lf~tNb.qfd
March 28, 2006
Page 2 of 2
bodinejudi
From: TorreJohn
Sent: Wednesday, March 15,200611:53AM
To: bodinejudi
Subject: FW: Public Petition
Judi,
A request for a public petition for the March 28 meeting
From: Sharon I. VanSlyke [mailto:SVSNLG@comcast.net]
Sent: Tuesday, March 14, 2006 6:35 PM
To: TorreJohn
Subject: Public Petition
Sharon I. VanSlyke and Troy Cherrington. residents of Quail Hollow wish to be heard at the next Commission meeting
scheduled for March 28th. We are assuming that an E-Mail will satisfy the county requirement for a written notice 13
days prior to this meeting. If not, please inform us, and we will hand deliver a request to your office on March 15th. The
subject we would like to address is the flooding of our properties, caused by the inadequate swales constructed at
the Villas of Mandalay PUD.
Sharon I. VanSlyke
6046 Hollow Dr.
239-793-4288
239-289-4544
Troy Cherrington
4024 Moss Ln.
239-793-8179
3/15/2006
Agenda Item No. 7A
March 28, 2006
Page 1 of 8
EXECUTIVE SUMMARY
SE-2006-AR-9097, Scrivener's Error Petition to correct the legal description that replaces
and supersedes Resolution No. 2005-432, which granted an after-the-fact variance for a 5.3-
foot encroachment into the required ten (10) foot rear yard (accessory) setback, on a
waterfront lot at 175 Bayview Avenue.
OBJECTIVE:
That the Board of Zoning Appeals adopt the attached resolution, replacing and superseding
Resolution No. 2005-432, in order to reflect the correct legal description for property receiving
an after-the-fact variance.
CONSIDERA TIONS:
On December 13, 2005, the BZA adopted Resolution No. 2005-432, which approved Petition
V A-2005-AR-801O that granted an after-the-fact variance for a 5.3 foot encroachment into the
required ten (10) foot rear yard setback on a waterfront lot at 175 Bayview Avenue (exhibit A).
The proposed Resolution is intended to correct this error.
FISCAL IMP ACT:
.-
This correction will have no fiscal impact on the County.
GROWTH MANAGEMENT IMP ACT:
The original petition was reviewed for consistency and was found to be consistent with all the
applicable provisions of the Growth Management Plan.
LEGAL CONSIDERATIONS:
The proposed resolution will replace and supersede Resolution No. 2005-432 and reflect the
correct legal description for the property receiving the after-the-fact variance.
ZONING DEPARTMENT RECOMMENDATION:
That the BZA adopt the proposed resolution in order to replace and withdraw Resolution No.
2005-432.
PREP ARED BY:
Melissa Zone, Principal Planner
Department of Zoning and Land Development Review
.-.
SE-2006-AR-9097 Executive Summary
1
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 7A
March 28, 2006
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
7A
SE~2006-AR.9097, Scriveners Error Petition to correct the legal description that replaces and
supersedes Resolution No 2005-432. which granted an after.tt1eRiact variance for a 53-foot
encroachment into the requirec ten (1 O) foot rear yard (accessory) setback, on a waterfront
lot at 175 Bayvlew Avenue.
3/26/20069:00:00 AM
Date
Prepared By
Meli6sa Zone
Community Development &
Environmental Services
Principal Planner
Zoning & Land Development Re....iew
3/14/20065:03:19 PM
Norm E. Feder, AICP
Date
Approved By
Transportation Sorvices
Transportation Division Administrator
Transportation Services Admin.
3/14/2006 5:20 PM
Approved By
Constance A. Johnson Operations Analyst
Communit)l Development & Community De....elopment &
Environmental Services Environmental Services Admin,
Date
3/15/2006 8:20 AM
Approved By
Date
Jeff Klatzkow
County Attorney
Assistant County Attorney
County Attomey Office
3/15/200G 10:56 AM
Date
Approved By
Sandra Lea
Board of County
Commissioners
Executive Aide to the BCe
Bce Office
3/1SJ200S 11;19 AM
Oalf!
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Zoning & land Development Review
3115/2001112:32 PM
Donald L. Scott
Dilte
Apprond By
Transportation Servic(~s
Transportation Planning Director
Transportation Planning
3/15/20061 :02 PM
Appro\.cd By
Susan Murray, AICP
Community Development &
EnvlrOrlll1entill Servlces
Zoning & land Development Director
Date
Zoning & Land Development Review
3115/20064;35 PM
Date
Approved By
Joseph K. Schmitt
Community De....elopment &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Service,; Admin.
3115120067:48 PM
Date
Appro\'cd By
OMS Coordinator
County Manager's. Office
Administrative Assistant
Office of Management & Budget
311Eit200610:15 AM
Date
Approved By
Mark Isackson
County Manager's Offic.e
Budget Analyst
Office ot Management 8. Budgat
3/16120063:44 PM
Date
Approved By
Leo E. Dells. Jr.
Board of County
Commission!1rG
Deputy County Manager
County Manager'& Office
3116/20064:40 PM
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Agenda Item NO.7 A
March 28, 2006
Page 5 of 8
RESOLUTION 2006-_
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, SUPERSEDING AND REPLACING
RESOLUTION NO. 2005-432, WIDCH GRANTED PETITION VA-
2005-AR-8010; AN AFI'ER-THE.FACT VARIANCE FOR A 5.3-
FOOT ENCROACHMENT INTO THE REQUIRED to-FOOT
REAR YARD (ACCESSORY) SETBACK, ON A WATERFRONT
LOT AT 175 BA YVIEW A VENUE, IN ORDER TO CORRECT THE
LEGAL DESCRIPTION.
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
\VHEREAS, 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 (Board), being the duly elected constituted
Board of tbe area hereby affected, held a public hearing after notice as in said regulations made
and provided, and considered the advisability of an after-the-fact variance for a 5.3-foot
encroachment into the required IO-foot rear yard (accessory) setback, as applicable to a screen
enclosure on a waterfront lot, leaving a 4.7-foot rear yard within the RSF-3 Zoning District, and
found as a matter of fact that satisfactory provision and arrangement had 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 had been given opportunity to be heard by this Board in
public meeting assembled, and the Board considered all matters presented.
WHEREAS, on December 13, 2005, through adoption of Resolution No. 2005-432, the
Board approved Petition V A-2005-AR-801O, filed by Clay C. Brooker, Esq., representing James
R. and Margaret H. Fomear, for the aforementioned after-the-fact variance subject to certain
conditions; and
WHEREAS, after its adoption, it was determined that Resolution No. 2005-432 contained
an incorrect legal description for the subject property; and
WHEREAS, the Board desires to adopt a replacement Resolution which reflects the
correct legal description.
NOW, TIffiREFORE, BE IT RESOLVED BY The Board of Zoning Appeals of Collier
County, Florida, that:
1. This Resolution supersedes and replaces Resolution No. 2005-432.
2. The foregoing Recitals are adopted as true and incorporated as part of this Resolution.
3. Petition V A-2005-AR-801O, filed by Clay C. Brooker, Esq. representing James R. and
Margaret H. Fomear is hereby approved for an after-the-fact variance for a 53-foot
encroachment into the required IO-foot rear yard (accessory) setback. as applicable to a
Agenda Item No.7 A
March 28, 2006
Page 6 of 8
screen enclosure on a waterfront lot, leaving a 4.7-foot rear yard for property located
within the RSF-3 Zoning District, more particularly described as:
Lot 7, Block C, CONNOR'S VANDERBILT BEACH ESTATES, UNIT NO. I,
according to the Plat thereof recorded in Plat Book 3, Pages 8 and 9, Public
Records of Collier County, Florida.
4. Petition V A-2oo5-AR-8010 is approved subject to the following conditions:
a. The variance granted is limited to the after-the-fact rear yard
encroachment for the existing house as depicted and more
particularly described in the site plan dated November 18, 2003,
and attached hereto as Exhibit "A."
b. The property owner shall obtain a building pennit for the screen
enclosure in the location authorized by this after-the-fact variance.
BE IT FURTIlER RESOLVED that this Resolution relating to Petition Number V A-
2005-AR-801O be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote this _ day of
.2006
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
BY:
, Deputy Clerk
FRANK HALAS, Chairman
Attachm ts: Exhibit "An
Agenda Item No. 7 A
March 28, 2006
Page 7 of 8
1-30-06 Petition # V A-2005-AR-8010
This petition is being return for a Scrivenor's Error. The
application and deed submitted were correct. After being approved
the INCORRECT LEGAL DESCRIPTION was used on the
ordinance.
Any questions call Mariam ex. 2315
SE-2006-AR-9097
PROJ EeT #2004040048
DATE: 211106
MELISSA ZON E
)
Agenda Item No. 78
March 28, 2006
Page 1 of 86
EXECUTIVE SUMMARY
VA-2005-AR-8693: Eberhard Thiermann, represented by Richard D. Yovanovich of Goodlette,
Coleman & Johnson, P.A., is requesting a 3.2-foot variance from the required to-foot rear
setback to allow for the existing screen enclosure to remain at 6.8 feet from the property line.
The subject property is zoned RSF-3 and is located at 117 Channel Drive, in Section 29,
Township 48 South, Range 25 East, in Collier County, Florida.
OBJECTIVE:
To have the Board of Zoning Appeals (BZA) consider the advisability of an after-the-fact variance
request to permit a screen enclosure to encroach 3.2 feet into the required ]O-foot rear yard in the RSF-
3 zoning district, and to make sure that the project is in harmony with all the applicable codes and
regulations in order to ensure that the community's interests are maintained.
CONSIDERATIONS:
..-
The subject property, located at ] ] 7 Channel Drive, is developed with a single-family home. The site
is surrounded by residential development, although it borders a vacant lot on the western side and a
canal is located on the north side of the property. The home, pool and an original screen enclosure
were constructed in the mid-] 970's by a previous owner. The current owner, and applicant of this
variance request, had an addition constructed to add a second story to a portion of the home and also
had the screen enclosure replaced in the same footprint as the original screen.
The pool was pennitted in ] 976. The original screen enclosure was constructed at approximately the
same time. No permit has been found for this enclosure.
There are two permits that have some relevance to this variance request. The first was granted in
February 2001 to the Aluminum Store (#200]02]255) with the notation that the permit was to bring
the "old pool enclosure to today's standards," which includes the ten-foot setback. This permit was
never acted upon and no inspections were ever made.
The second relevant permit was granted in April 200 I (#200 I 022294) for an addition/alteration to
allow the construction of a second story. The permit was issued for the remodeling of the principle
structure only as noted under "Construction Code: 6/Type V NONCOMB WALL_UNPROTECTED"
type construction and did not permit the construction of the new screen enclosure. With the permitted
remodel, the applicant has stated that the original screen enclosure needed to be removed. The
replacement screen enclosure was built in the same footprint as the original non-conforming structure,
with an elevated roofline as opposed to a flat roof. The applicant stated on the record that the
Aluminum Store eventually did construct the non-confonning enclosure toward the end of the other
renovations. However, Contractor Licensing has obtained a sworn statement dated February 23, 2006
from the license holder for that company contrary to the owner's claim. It does not appear that any
action by the Aluminum Store has constituted a violation of the 2002-0] Contractor Licensing
Ordinance.
,-
Page] of3
Agenda Item No. 78
March 28, 2006
Page 2 of 86
The original enclosure was in place for approximately 25 years. The new enclosure has been in place
for about five years. The Land Development Code contains eight criteria by which to evaluate a
variance request. A complete staff analysis is contained within the staff report. In general, although
there are no undue hardships associated with the petition, denial of the variance could create a practical
difficulty by requiring the applicant to remove the screen. The applicant has requested the minimum
variance necessary to bring the structure into compliance with today's regulations. The canal on the
north side of the property further separates this encroachment from the immediate neighbor on that
side of the property. In addition, the new enclosure is most likely a stronger, and therefore safer,
structure than the original enclosure.
FISCAL IMPACT:
The variance, by and of itself, will have no fiscal impact on Collier County public facilities.
GROWTH MANAGEMENT IMPACT:
The subject property is located in the Urban Residentia] Subdistrict designation within the Coastal
High Hazard Area of the Future Land Use Map of the GMP. This district allows residential uses and
their associated accessory structures.
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 a reduction in the required setbacks.
The variance would permit an existing screen enclosure to remain in place, which is an authorized use
in this land use designation; therefore, the actual 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 E]ement, although the variance request is not specifically addressed.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES:
The Environmental Advisory Council (EAC) does not normally hear variance petitions, and did not
hear this petition.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPC) heard the petition on February 16,2006 and with a
vote of 5-2 they forwarded this petition to the Board of Zoning Appeals (BZA) with a recommendation
of approval, subject to staff stipulations.
The CCPC had a general discussion on the following topics: whether the enclosure could be relocated
to comply with setback regulations; the permitting history of the site; building code requirements; and
impacts to neighbors. One person spoke in opposition.
.-
The Planning Commission questioned what differences there were between the 200] Bui]ding Code
and the current Code. Staff has been provided with clarification on that since the hearing. In response
to extensive damage to screen enclosures by Hurricane Charley in 2004, engineers are designing to a
higher wind load capability. In 2001 a screen enclosure would be designed to withstand a wind level
of 110 miles per hour. Now the enclosures must be able to withstand a three-second wind gust of 130
miles per hour. Therefore, a new screen would be stronger. Staff maintains that the 2001 screen is
Page 2 of3
Agenda Item No. 78
March 28, 2006
Page 3 of 86
stronger than the 1976 enclosure. The applicant further noted that the existing enclosure withstood the
forces exerted by Hurricane Wilma in 2005.
Because the CCPC recommendation was not unanimous, the petition has been placed on the regular
agenda for discussion by the BZA.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Collier County Planning Commission (CCPC) and the Board of Zoning Appeals
(BZA) must be based. The legal considerations are reflected in the CCPC evaluation of the listed
criteria in Section 9.04.03 of the LDC. These evaluations are completed and have been incorporated
into the attached staff report.
The Board of County Commissioners must utilize 8 criteria in considering a variance petition (see
professional planning staff analysis). This analysis appears on pages 6 and 7 of the Staff Report.
It must be understood that the Staff Report and Executive Summary are only part of the picture. There
will be evidence presented by the petitioner, and members of the public may speak at the hearing on
this item. The Board must also take into consideration that testimony as it relates to GMP consistency
and the 8 standards for consideration for the variance.
The Board of County Commissioners may impose reasonable stipulations, safeguards, or restrictions
upon the variance. These stipulations, restrictions or safeguards include those requirements necessary
to protect adjacent or nearby properties from any adverse impacts of the variance. A simple majority is
required to approve a variance.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve V A-2005-AR-8693, which would
grant a 3.2-foot variance from the required I O-foot rear yard, subject to the following stipulations:
1. . The variance is limited to allow the existing screen enclosure that encroaches into the required
rear yard on the north side of the property, as depicted on the applicant's boundary survey, to
remain in place;
2. All proper after-the-fact permitting fees must be paid and permits must be obtained, including
obtaining certification that the structure meets or exceeds the building code in effect in 200 I
within 90 days of approval of the variance; and
3. No further encroachments shall be permitted.
PREP ARED BY:
Heidi K. Williams, Principal Planner
Department of Zoning & Land Development Review
Page 3 of3
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 78
March 28, 2006
Page 4 of 86
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
7B
ThIS item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members, VA-2005-AR-8693; Eberhard Hliermann, represenled by Richard 0,
YO\lanovich, of Goodl€tte, Coleman, & Johnson, P.A" IS requesting a variance from the
required 10-fool rear setback for a screen enclosure of 3.2 feel in the RSF-3 zoning district
The subject property is located at 117 Channel Drive, in Set,:tion 29, Township, 48, R.:lnge
25, Collier County. Florida.
312BI2006 9:00:00 AM
Date-
Approved By
Constance A. Johnson Operations Analvst
Community Development & Community Development &
Elwironmental Services Environmental Services Admin.
3/15/20068:17 AM
Approved By
Date
Jeff Klatzkow
County Attorney
Assistant County Attorney
County Attorney Office
31151200610:57 AM
Date
Approved By
Sandra lea
Board of County
Commissiont'!rs
E)(ecuti....e Aide to the BeC
Bec Offic()
3/15'2006 11 :05 AM
Date
Approved By
Ray Bellows
Community Development &
Erwlronmental Services
Chief Planner
Zoning & land Devolopment Review
31151200612;32 PM
Date
Approved By
Donald L Scott
Transportation Services
Tram,portall"n Planning Director
Transportation Planning
3/15/20061:02 PM
01)te
Approved By
Susan Murray, AICP
Community Development &
Environmental 5~rvices
Zoning & Land Development Director
Zoning & land Development Review
3/1512006 4:37 PM
Date
Approved By
Norm E. Fed(~r, AICP
Trlln!;portation Services
Transportation Division Administrator
Transportation Servic(~s Admin.
3116/20067:31 AM
Date
Approved B}'
Joseph K. Schmitt
Community Development &
Environrllental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
3/16/20068:26 PM
Date
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
3/17/200611 :20 AM
Date
Appruved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
3117/2006 3:24 PM
Date
Approved By
James V. Mudd
Board of County
Comrni~sil)ners
County Manager
County Manager's Office
3/17i2006 4:33 PM
..
AGE~~/l€l. 7B
March 28,2006
Page 5 of 86
.' .. .,.,... .".. .
....CO*<Joun~y.
.~~- -':
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: FEBRUARY 16,2006
.'
SUBJECT: PETITION V A-2005-AR-8693, THIERMANN VARIANCE
PROPERTY OWNER/AGENT:
OWNER: Eberhard M. Thiermann
117 Channel Drive
Naples, FL 34108
AGENT: Richard D. Y ovanovich, Esq.
Goodlette, Coleman & Johnson, PA
4001 N. Tamiami Trail, #300
Naples, FL 34103
REQUESTED ACTION:
The applicant is requesting an after-the-fact variance from the required IO-foot rear setback for
accessory structures to allow an existing pool and screen enclosure to encroach 3.2 feet leaving a
6.8-foot rear yard setback in the RSF-3 zoning district.
GEOGRAPIDC LOCATION:
The subject parcel is -located at 117 Channel Drive, described as Conner's Vanderbilt Beach
Estates, Unit 1, Block D, Lot 13, located in Section 29, Township 48 South, Range 25 East,
Collier County, Florida.
PURPOSEIDESCRIPTION OF PROJECT:
The applicant seeks a variance to allow an existing pool and screen enclosure to remain on the
subject property. The pool was constructed in 1976 with a valid permit. The original screen
enclosure was constructed at approximately the same time. No separate permit has been found
for that improvement. Although an estimate of costs was submitted for both the pool and
enclosure by Collier Custom Pools Company, only the pool was inspected and granted a
Certificate of Occupancy. We are unable to determine therefore, who actually constructed the
original enclosure.
V A-2005-AR-8693
Page 1 of 9
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Agenda Item No. 7B
March 28, 2006
Page 7 of 86
.---- A permit- was--granted- in-200f-.to' a"company- called the--Aluminum -Store-(#200102125 5) t6-----
replace the "old pool enclosure to today's standards," which would include a ten-foot rear
setback. This permit expired without any inspections being made. Therefore, we cannot be sure
that this company was the contractor that actually installed the current non-conforming
enclosure.
The current owner, Mr. Eberhard Thiermann, also applied in 2001 for an "addition/alteration"
permit as the owner/builder(#2001022294, attached) to permit the addition of the second floor
of the home and to remodel the first floor. The home renovation impacted over 50% of the
home's value, and therefore all structures were required to be brought up to the then current
Code requirements. Surveys depict the existing pool screen encroachment, but no reference was
made on the approved "addition/alteration" building plans associated with the building permit
indicating that the screen enclosure was to be replaced. The "addition/alteration" permit was
issued for the remodeling of the principle structure only as noted under "Construction Code:' 6 /
Type V NONCOMB WALL_UNPROTECTED" type construction and did not as the applicant
later claimed to also permit the construction of the replacement screen enclosure. As the
identified ownerlbuilder of the project, Mr. Tbiermann was legally responsible for obtaining all
the necessary permits for the project and for meeting all criteria of the Land Development Code
and other applicable County ordinances.
The now existing screen enclosure is in the same footprint as the original non-conforming
structure (see Exhibit A). The encroachment and the non-permitted nature of the structure are
the subject of a Code Enforcement investigation. The applicant, acting as the owner-builder of
the renovation project having allowed for the original building permit for the replacement screen
to expire in 2001 and having authorized the unpermitted construction of the now existing screen
enclosure has now decided to pursue this variance request as a way to rectify the non-
conforming status of the replacement screen. The enclosure does not pose any more impact than
the original screen that was in place for about 25 years. The "new" screen has been in place for
nearly five years.
SURROUNDING LAND USE & ZONING:
SURROUNDING:
North: RSF-3, canal, Single-family home
East: RSF-3, Single-family home
South: RSF-3, Single-family home
West: RSF-3, Vacant lot
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is located in the Urban Residential Subdistrict designation within the
Coastal High Hazard Area of the Future Land Use Map of the GMP.
This land use category is described in the GMP as follows:
The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural
resource constraints and where existing and planned public facilities are concentrated. This
Subdistrict comprises approximately 93,000 acres and 80% of the Urban Mixed Use District.
VA-2005-AR-8693
Page 3 of 9
......UH ,..L:J.l o...JllE.11 lJIl ur' tfUUNlJAJ(Y SUHVE}T
FOR BUILDING PERMIT APPliCATION
FOR CONSTRUCTION
Agenda Item"tlJo. 76
March 28, 2006 ·
Page 8 of 86
STREET ADDRESS:
117 CHANNEL DRIVE
NAPLES, FLDRIDA.
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A Tl17RNDS' TfTU.- INSURANC[ FUND" INC.
mTIFICATION ;
:ER T1FY THA T THIS SURVEY WAS MADE UNDER MY DIRECTION AND THAT IT MEETS
~ MINIMUM TFr.HNlr.AI C;TA"II'\^P'"'' C'CT .-........,.,. "''' ~,- --.--
'FLOOD ZONE
COMMUNITY PANEL
DATED:
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IN DESIGNATED
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Agenda Item No 7B
March 28, 2006
Page 9 of 86
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Agenda Item No. 78 .
March 28, 2006 '
Page 10 of 86
Maximum eligible residential density shall be determined through the Density Rating
System but shall not exceed 16 dwelling units per acre except in accordance with the
Transfer of Development Rights Section of the Land Development Code.
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 a reduction in the
required setbacks. The variance would permit an existing pool and screen enclosure to remain in
place, which is an authorized use in this land use designation; therefore, the actual 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, although
the variance request is not specifically addressed.
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 9.04.03.H, which are general guidelines to
be used to assist the Commission in making a determination. Staff has analyzed this petition and
offers the responses to the items in Section 9.04.03 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 are no special conditions relating to the land. The house was constructed in 1976.
Although a permit was obtained for the pool at that time, no permit has been located for
the screen enclosure. The current owner, and applicant, received a permit to renovate the
home in 2001. Inspections of this work did not relate to the screen enclosure, although its
location was shown on the plans. The current survey shows the enclosure encroaches into
the required ten-foot rear yard by 3.2 feet.
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?
The non-permitted, non-conforming structure was in place prior to the applicant's purchase
of the property. The screen was replaced during a home remodel in 2001 by the current
owner in the same footprint as the original enclosure. A permit was obtained for the
remodel under the auspices of a permit for "addition/alteration", which showed the same
footprint as the original screen enclosure.
c. Will a literal interpretation of the provisions of this zoning code work unnecessary
and undue hardship on the applicant or create practical difficulties for the applicant?
The applicant would be required to obtain a demolition permit, and hire a contractor to
remove the existing structure from the site, which serves a similar purpose as the structure
that was in place since 1976 with no complaints. This would create a practical difficulty
for the applicant.
V A-2005-AR-8693
Page 6 of 9
Agenda Item No. 7B
March 28, 2006
Page 11 of 86
d. Will the variance, if granted, be the minimum variance that will make possible the
------reasunabte- use--of-thrland,-iJuilding- or structure-and-which-promote-standards. of---
health, safety and welfare?
Yes. The variance requested would not allow an increase of the existing encroachment,
therefore this is the minimum variance required to allow the existing enclosure to remain.
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?
Other homeowners are permitted to construct pool enclosures in the RSF-3 zoning district;
however, they are required to meet the ten foot rear yard setback requirement.
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?
Yes. The enclosure is already constructed and has been in place since 1976. The petition
request would not increase the extent of the encroachment beyond what is currently built.
Approval of the variance should not have a negative effect upon the neighborhood as a
whole, and would not be detrimental to the public welfare.
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.?
The subject property is located on a canal, so the abutting neighbor to the north will be less
impacted by the structure remaining than if there were no waterway in between.
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.
Staff has analyzed the guidelines associated with the variance request, and has determined that
the request seeks to legalize an existing non-conformity that has been in place for some time.
The enclosure of pool decks is allowed in this zoning district. Impacts to neighboring residents
would be no greater than what they experience as the lot is currently developed.
VA-2005-AR-8693
Page 7 of 9
Agenda Item No. 78 .
March 28, 2006
Page 12 of 86
ZONING MAP
EAC RECOMMENDATION:
The Envirorunental Advisory Council does not normally hear variance petitions, and did not hear
this variance.
RECOMMENDATION:
Staff recommends that the Collier County Planning Commission recommend approval of
Petition V A-2005-AR-8693 to the Board of Zoning Appeals, subject to the following conditions:
1. The variance is limited to allow the existing screen enclosure that encroaches into the
required rear yard on the north side of the property, as depicted on the applicant's boundary
survey, to remain in place;
2. All proper after-the-fact permitting fees must be paid and permits must be obtained,
including obtaining certification that the structure meets or exceeds the building code in
effect in 2001; and
3. No further encroachments shall be permitted.
VA-2005-AR-8693
Page 8 of 9
Agenda Item No. 7B
March 28, 2006
Page 13 of 86
- -. ------PREPARElJ"BY:--.
l~~C~AL-PLWNER
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
.. '6 Ie
?-O 00
DATE
ATIORNEY
\ /1;\/06
DATE
RAY LOWS, ZONING MANAGER
DEP ARTIJENT OF ZONING AND
LAND DEVELOP:MENT REVIEW
1-27/06
DATE I
A~~
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
1/2 -r ~(I?
DATE .
APPROVED BY:
Ik7fr~
DJtrE
MARKP. STRAIN, CHAIRMAN
DATE
Tentatively scheduled for the March28, 2006 Board of County Commissioners Meeting
VA-2005-AR-8693
Page 9 of 9 .
Agenda Item No. 78
March 28, 2006
Page 14 of 86
Variance
Route Sheet
TO:
GRAPmCS
ENGINEERING REVIEW
COMMUNITY PLANNING COORDINATOR
H-ic ~~ \.0'" h V-rv\ i
ZONING AND LAND DEVELOPMENT REVIEW
FROM:
V A-2005-AR -8693
THIERMANN VARIANCE
PROJECT #2005080027
DATE: 11/29/05 DUE: 12/29/05
HEIDI WILLIAMS
I am transmitting herewith for your review and consideration a variance for:
ftu-~ th~er-fV\~
If you have any questions, please call me at 403-2400.
ZONING MAP NEEDED
PROPERTY OWNERS LIST NEEDED WITHIN
o 500' 01,000'
Community Development & Environmental Services Division
Department of Zoning and Land Development Review
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
(i)
Agenda Item No. 78
March 28, 2006
2800 NORTH HORSESHOE ~ 15 of 86
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
V ARIANCE.PETITION APPLICATION
........... ... -,.
. ,...... . .......,..". ........ ... n....... ...........
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n.. __...... ... ,.....,,_..._...._...... d.'... . ..-......"..-, ,.
.....-----... .. .,.......,,-..--...- .... '''''',"
..,,-.,...... ....., .. . ........
(VA!~ANCE',;.F~OM SETBACK(s) REQUIRED FOR APARTICUI.ARZONINGDrSTRlcT)
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
V A-2005-AR-8693
PROJECT #2005080027
DATE: 11/29/05
HEIDI WILLIAMS
Above to be completed by staff
APPLICANT/AGENT INFORMA TlONm:
. ~~F"""''''
I
NAME OF APPLlCANT(S) EBERHARD M. THIERMANN
ADDRESS 1 1 7 CHANNEL DRIVE CITY NAPLES
STATE Fl
FAX #
ZIP 341 08
TELEPHONE #
E-MAIL ADDRESS:
CELL #
NAME OF AGENT RICHARD D. YOV ANOVICH. ESQUIRE. GOODLETTE. COLEMAN & JOHNSON. P .A.
ADDRESS 4001 NORTH TAMIAMI TRAIL, #300 CITY NAPLES STATE FL ZIP 34103
TELEPHONE # 239-435-3535 CELL # FAX # 230-435-1218
E-MAIL ADDRESS:RYOVANOVICH@GCJLAW.COM
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
RECEIVED
NOV Z 1 2005
Variance Application rev. 12/23/04
I
. ASSOCIATIONS:
Agenda Item No. 7B
March 28, 2006
Page 16 of 86
,.........,
Complete the following for all Association(s) affiliated with this petition. Provide additional
sheets if necessary.
NAME OF HOMEOWNER ASSOCIATION: NAPLES PARK AREA ASSOCIATION
MAILING ADDRESS 699 106TH AVENUE. NORTH
CITY NAPLES
STATE FL
ZIP 341 08
NAME OF HOMEOWNER ASSOCIATION: PROPERTY OWNERS OF NAPLES PARK
MAILING ADDRESS 800 1 04TH AVENUE. NORTH CITY NAPLES
STATE FL
ZIP 34108
NAME OF HOMEOWNER ASSOCIATION: VANDERBILT BEACH PROPERTY OWNERS ASSOCATION
MAILING ADDRESS P. O. BOX 771 330
CITY NAPLES ST ATE FL
ZIP 34107
NAME OF MASTER ASSOCIATION:
MAILING ADDRESS
CITY
ST ATE
ZIP
NAME OF CIVIC ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
IPR.OPERTY DESCRIPTION ......
Legal Description of Subject Property:
Section/Township/Range ~/~/~ Property I.D.#: 27483720003
Subdivision: Conners Vanderbilt Beach Estates Unit 1 Lot: 13 Block: D
Metes &. Bounds Description:
See Attached
Acreage 0.22
Address of Subject Property (If different from Petitioner's address):
Variance Application rev. 12/23/04
ADJACENT ZONING AND LAND USE /.
~~tk~i~r~~0~~~'hb~
Page 17 of 86
Zoning
Land Use
N RSF-3
S RSF-3
E RSF-3
W RSF-3
Residential SinQle Family
Residential Sinale Family
Residential Sinole Family
Residential SinQle Family
Minimum Yard Reauirements for Subject PrODertv:
Front: 30
Side: 1 0
Rear: 25
Corner Lot:
Yes 0 No 0
Yes X No 0
Waterfront Lot:
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 front setback from 25' to 18'; when
property owner purchased property; when existing principal structure was built (include building permit
number (10) if possible); why encroachment is necessary; how existing encroachment came to be; etc.
The Petitioner is requestimr a variance of 3.2 feet for a pool screen enclosure. The and original
screen enclosure were constructed in 1976 by the original property owners. A Certificate of
Occupancy for the pool and screen enclosure was issued on December 13. 1976. The Petitioner
acquired the property in Aueust. 1993. The residence was renovated in the eary 2001 including
replacement of the screen enclosure. The replacement screen enclosure is in the same location as the
original screen enclosure. All improvements were ins.pected and a Certificate of Occupancy was
issued by Collier County on April 25. 2002. The Petitioner is requesting a variance from the rear yard
setback to allow the screen enclosure to remain in the same location that the screen enclosure has
been located since 1976.
Please note that staff ond the Collier County Planning Commission shall be guided in their recommendation to
the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to
approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using
additional pages if necessary.)
Variance Application rev. 12/23/04
~
th . I d' . d . .. hi h I' hi' iAqenqa Item No. 78
1. Are ere specla con Ihons an circumstances eXisting w care pecu lar to t e ocatlon, s z(!' a'Nfarch 28, 2006
characteristics of the land, structure, or building involved. Page 18 of 86
Yes. the screen enclosure has been in existence and CO'd since 1976 and there have been no comolalnts
from any neiQhbors durinQ that period of time and the screen enclosure does not interfere with the
nel9hbors enjoyment of their property. The lot to the west is vacant.
2. Are there special conditions and circumstances which do not result from the adion of the applicant
such as pre-existing conditions relative to the property which is the subject of the variance request.
The Petitioner ourchased the property in AU9ust. 1993. The screen enclosure existed at that time. The
Petitioner was not aware of any ordinance violation when the oroperty was purchased.
3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue
hardship on the applicant or create proctical difficulties on the applicant.
Yes. When the Petitioner purchased the prooerty the orooerty had a screen enclosure. Had the Petitioner
known that the pool could not be enclosed. the Petitioner would not have purchased the property. EnclosinQ
the pool is imoortant to the enjoyment of the pool.
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.
Yes. The requested variance is the minimum necessary to continue the use af ihe screen enclosure that was
oriQinally approved In 1976 ond has existed on the property since that time.
5. 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.
No. This voriance should Qranted based upon the unique set of facts applicable to this variance request
and QrantinQ of this variance does not set a precedent for other variance requests.
6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be
injurious to the neighborhood, or otherwise detrimental to the public welfare.
Yes. the QrontinQ of variance will be in harmony with the purpose of the zoninQ code. Grant/nQ this
variance request will not be injurious to the neiQhborhood or detrimental to the public welfare. The screen
enclosure and pool do not obstruct the view of surroundinQ property owners and is in no way detrimental to the
neiQhborhood.
Variance Application rev. 12/23/04
7. Are there natural conditions or physically induced conditions that ameliorate the goals and
objectives of the regulation such as naturol preserves, lakes, golf course, etc.
Agenda Item No. 78
March 28, 2006
Page 19 of 86
No.
8. Will granting the variance be consistent with the growth management plan.
Yes.
BE ADVISED THAT SECTION 10.03.05.8.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT
TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF
COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE
AU PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIA TEL Y.
Variance Application rev. 12123/04
Agenda Item No. 7B
6
6
THIS COMPLETED CHECKUST IS TO BE SUBNUmD WITH APPUCAnON PACKET
No. of Copies
015
015
015
Completed Application
Pre-Application Meeting Notes
Site Plan 24" X 36" depicting the following:
All property boundaries & dimensions
All existing and proposed structures (labeled as such)
North arrow, date and scale of drawing
Required setbacks & proposed setbacks
02
01
01
01
01
01
o
Copies of Deed
Survey of property showing the encroachment {measured in feetO
Location Map depicting maior streets in area for reference
Addressing Checklist
Owner/Agent Affidavit, signed & notarized
Electronic Copy of.aU documents & plans
Application Fees = $2000 (residential
$5000 (non....esidential)
Legal Advertising Fees = $729.00 - CCPC
$363.00 - BCC
Checks shall be made payable to: Collier County Commissioners
o
o
Other
Other
As the authorized agent/applicant for this petition, I attest that all of the information indicated
on this checklist is included in this submittal package. I understand that failure to include all
necessary submittal information may result in the delay of processing this petition.
~D'~
A gent/ Applicant Signature
1\\, IQ~
Date
Variance Application rev. 12/23/04
(i)
Agenda Item No. 7B
March 28, 2006
Page 21 of 86
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
VARIANCE PETITION
~DimensionGl
o Sign
PRE-APPLICATION MEETING NOTES
& SUBMITTAL CHECKLIST
Do,., f(;{:2, ( rbnme, (; r'5 f'm A,,;gned Plonner. U~ WiJ..UOJlI.A-S
Project Name: ~UV\l\Cl.-V1 Vl lJa f i flA/I C L
Project Addr/Location:_l \ -::f- ~V] n.(J J 7)A A \/f0 1 0a f I e..0
Applicant Name: R..A..~ V r5lJt1.A'l(rV lJ.u.one: I..( 3 S - 553.. r;
Firm: C:,,~ I ~Q.N-eJflL -t ~
Type of Petition: JJB - d.l ~~ ,K ~i (!?J1tafCurrent Zoning: K S F -3
Owner Name:.DeA"ha.rtfL '-fluf fVtla..nV1
Owner Address:
Phone:
Meeting Attendees: (attach Sign In Sheet)
SUSMlTT AL REQUIREMENTS:
~ 15 copies of completed Application
~ Addressing Checklist signed by Addressing Dept
gJ Pre-application meeting notes
~ 15 copies of Conceptual Site Plan 24" X 36" plus (one 8 V2 X 11 copy)
l2?f Survey of property showing the encroachment (measured in feet)
EJ Completed Owner/Agent Affidavits, Notarized
{(t 2 copies of Deed
~ location me p
~ 5 copies of Aerial Photograph (taken within the previous 12 months)
-:l4 '" I. Electonic copy of all documents ond plans (CDROM or Diskette)
tl'I.fO-t;istorical Surveyor waiver request
~ Property Owner Advisory letter and Certification
5Zt Pre-application Fee $500.00 (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.)
Review Fees:
1
Agenda Item No. 7B
March 28, 2006
Page 22 of 86
"fiZ1 $2000.00
o $5000.00
~ $2000.00
$729.00
$363.00
Residential
Non-Residential
Sign Variance
Estimated legal Advertising Fee - CCPC Meeting
Estimated legal Advertising Fee - Bee Meeting
(any over- or under-payment will be reconciled upon receipt of Invoice from Naples Daily
News).
o $2500.00 EIS Review
NOTES:
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Page 24 of 86
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http://www.collierappraiser.comlviewer/showimg.asp?
11/6/2005
Agenda Item. No. 7B
March 28, 2006
(Amencan Land Title Association Owner's Policy - 10-17-92) (With Florida Modifications) Page 25 of 86
OWNER'S TITLE INSURANCE POliCY
.Attorne}s'TIde Insurance Fund, Inc.
ORLANDO, FLORIDA
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM
COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND
STIPULATIONS, ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida
corporation, herein called The Fund, insures, as of Date of Policy shown in Schedule A,
against loss or damage, not exceeding the Amount of Insurance stated in Schedule
A, sustained or incurred by the insured by reason of:
1. Title to the estate or in terest described in Schedule A being vested other than as
stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Fund will also pay the costs, attorneys' fees and expenses incurred in defense of the title,
as insured, but only to the extent provided in the Conditions and Stipulations.
In Wztness Whereof, A TIORNEYS' TITLE INSURANCE FUND, INe. has caused this policy
to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become
valid when countersigned by an authorized signatory.
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Attorneys' Title Insurance Fund, Inc.
~~
By
Charles J. Kovaleski
President
SERIAL
· if Y cs to the above, I have penormea aU .core .
OPM-
842833
QUARLES & BRADY
Agent No. 8488
FUND FORM OPM (rev. 2/93)
,.-...
. .
.
.,
Ms. Heidi Williams
Principal Planner
Collier County Government
Community Development and Environmental Services
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
Agenda Item No. 78
March 28, 2006
C h r; Page 66 of 86
. Y'I .s-hv-. e.... r S'-J? 0.. h ,'q 1<
112. S eC{ bre e -z...e.. Ave...
1\JCA.; les I F L 3Ljlot
F.u.s-, g, 2.006
f.. '.': ~ : J LQ~i)
Re: PETITION: V A-200S-AR-8693
Dear Ms. Williams:
I am in support of Eberhard Thiermann's above petition for a variance, as specified in your letter
dated January 18,2006.
01~ Jp7~
Agenda Item No. 7B
March 28,2006
Page 26 of 86
Exclusions fronl Coverage
The following matters are expressly excluded from the coverage of this policy and The Fund will
not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and
zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i)
the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any
improvement n ow or hereafter erected on the land; (Hi) a separation in ownership or a change
in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation of these laws, ordinances or govern-
mental regulations, except to the extent that a notice of the enforcement thereof or a notice
of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the
land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice
of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation
or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public
records at Date of Policy, but not excluding from coverage any taking which has occurred prior to
Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to The Fund, not recorded in the public records at Date of Policy, but known to
the insured claimant and not disclosed in writing to The Fund by the insured claimant prior
to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had
paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured
by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar
creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a
fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a
preferential transfer except where the preferential transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien
creditor.
Conditions and Stipulations (below insert)
Agenda Item No. 7B
March ~, 2006
Page 27 of 86
have the right to select counsel of its choice (subject to the rightof
the insured to object for reasonable cause) to represent the insured
as to those stated causes of action and shall not be liable for and will
not pay the fees of any other counsel. The Fund will not pay any fees,
costs or expenses incurred by the insured in the defense of those
causes of action which allege matters not insured against by this
policy.
(b) The Fund shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in
its opinion may be necessary or desirable to establish the tide to the
estate or interest, as insured, or to prevent or reduce loss or damage
to the insured. The Fund may take any appropriate action under the
terms of this policy, whether or not it shall be liable hereunder, and
shall not thereby concede liability or waive any provision of this
policy. If The Fund shall exercise its rights under this paragraph, it
shall do so diligently.
(c) Whenever The Fund shall have brought an action or inter-
posed a defense as required or permitted by the provisions of this
policy, The Fund may pursue any litigation to final determination
by a court of competent jurisdiction and expressly reserves the right,
in its sole discretion, to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires The Fund to
prosecute or provide for the defense of any action or proceeding, the
insured shall secure to The Fund the right to so prosecute or provide
defense in the action or proceeding, and all appeals therein, and permit
The Fund to use, at its option, the name of the insured for this purpose.
Whenever requested by The Fund, the insured, at The Fund's expense,
shall give The Fund all reasonable aid (i) in any action or proceeding,
securing evidence, obtaining wimesses, prosecuting or defending the
action or proceeding, oreffectingsettlement,and (ii) in any other lawful
act which in the opinion of The Fund may be necessary or desirable to
establish the tide to the estate or interest as insured. If The Fund is
prejudiced by the failure of the insured to furnish the required coopera-
_ tion, The Fund's obligations to the insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or
continue any litigation. with regard to the matter or matters requiring
such cooperation.
Condition.c; and Stipulations
1. Definition of Terms
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to
any righ ts or defenses The Fund would have had against the named
insured, those who succeed to the interest of the named insured by
operation oflaw as distinguished from purchase including, but not
limited to, heirs, disoibutees, devisees, survivors, personal represen-
tatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not consuuctive
knowledge or notice which may be imputed to an insured by reason
of the public records as defined in this policy or any other records
which impart consauctive notice of matters affecting the land.
(d) "land": the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property.
The term "land" does not include any property beyond the lines of
the area described or referred to in Schedule A, nor any right, title,
in terest, estate or easement in abutting streets, roads, avenues, alleys,
lanes, ways orwaterways, but nothing herein shall modifY or limit the
exten t to which a rightof access to and from the land is insured by this
policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other
security instrument.
(0 "public records": records established under state statutes at
Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without
knowledge. With respect to Section I(a)(iv) of the Exclusions from
Coverage, "public records ~ shall also include environmental protec-
tion liens filed in the records of the clerk of the United States district
court for the district in which the land is located.
(g) "unmarketability of the title": an alleged or apparent matter
affecting the title to the land, not excluded or excepted from
coverage, which would entitle a purchaser of the estate or interest
described in Schedule A to be released from the obligation to
purchase by virtue ofa contractual condition requiring the delivery
of marketable title.
2. Continuation of Insw-ance After Conveyance of Title
The coverage of this policy shall continue in force as of Date of
Policy in favor of an insured only so long as the insured retains an
estate or interest in the land, or holds an indebtedness secured by
a purchase money mortgage given by a purchaser from the insured,
or only so long as the insured shall have liability by reason of
covenants of warranty made by the insured in any transfer or
conveyance of the estate or interest. This policy shall not continue in
force in favor of any purchaser from the insured of either (i) an
estate or interest in the land, or (ii) an indebtedness secured by a
purchase money mortgage given to the insured.
3. Notice of Claim To Be Given by Insured Claimant
The insured shall notifY The Fund promptly in writing (i) in case
of any litigation as set Earth in Section 4(a) below, (ii) in case
knowledge shall come to an insured hereunder of any claim of title
or interest which is adverse to the title to the estate or interest, as
insured, and which might cause loss or damage for which The Fund
may be liable by virtue of this policy, or (iii) if title to the estate or
interest, as insured, is rejected as unmarketable. If prompt notice
shall not be given to The Fund, then as to the insured allliabiliry of
The Fund shall terminate with regard to the matter or matters for
which prompt notice is required; provided, however, that failure to
notifY The Fund shall in no case prejudice the rights of any insured
under this policy unless The Fund shall be prejudiced by the failure
and then only to the extent of the prejudice.
4. Defense and Prosecution of Actions; Duty of Insured Claimant
To Cooperate
(a) Upon written request by the insured and subject to the options
contained in Section 6 of these Conditions and Stipulations, The
Fund, at its own cost and without unreasonable delay, shall provide
for the defense of an insured in litigation in which any third party
asserts a claim adverse to the title or interest as insured, but only as
to those stated causes of action alleging a defect, lien or encum-
brance or other matter insured against by this policy. The Fund shall
.....
5. Proof of Loss or Damage
In addition to and after the notices required under Section 3 of
these Conditions and Stipulations have been provided The Fund, a
proof ofloss or damage signed and sworn to by the insured claimant
shall be furnished to The Fund within 90 days after the insured
claiman t shall ascertain the facts giving rise to the loss or damage. The
proof of loss or damage shall describe the defect in, or lien or
encumbrance on the tide, or other matter insured against by this
policy which constitutes the basis of loss or damage and shall state,
to the extent possible, the basis of calculating the amount of the loss
or damage. If The Fund is prejudiced by the failure of the insured
claimant to provide the required proof of loss or damage. The
Fund's obligations to the insured under the policy shall terminate,
including any liability or obligation to defend, prosecute, or con tin ue
any litigation, with regard to the matter or matters requiring such
proof ofJoss or damage.
In addition, the insured claimant may reasonably be required to
submit to examination under oath by any authorized representative
of The Fund and shall produce for examination, inspection and
copying, at such reasonable times and places as may be designated
by any authorized representative of The Fund, all records, books,
ledgers, checks, correspondence and memoranda, whether bear-
ing a date before or after Date of Policy, which reasonably pertain
to the loss or damage. Further, if requested by any authorized
representative of The Fund, the insured claimant shall grant its
permission, in writing, for any authorized representative ofThe Fund
to examine, inspect and copy all records, books, ledgers, checks,
correspondence and memoranda in the custody or control ofa third
party, which reasonably pertain to the loss or damage. All information
designated as confidential by the insured claimant provided to The
Fund pursuant to this Section shall not be disclosed to others unless,
in the reasonable judgment of The Fund, it is necessary in the
administration of the claim. Failure of the insured claimant to submit
for examination under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary
Conditions and stipulations (continued)
9. Limitation of Liability
(a) If The Fund establishes the title, or removes the alleged defect,
lien or encum brance, or cures the lack of a right of access to or from
the land, or cures the claim of un marketability of title, all as insured,
in a reasonably diligent manner by any method, including litigation
and the completion of any appeals therefrom, it shall have fully
performed its obligations with respect to that matter and shall not
be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by The Fund
or with The Fund's consent, The Fund shall have no liability for loss
or damage until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals therefrom,
adverse to the ti tie as insured.
(c) The Fund shall not be liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim
or suit without the prior written consent of The Fund.
information from third parties as required in this paragraph shall
terminate any liability of The Fund under this policy as to thatcJaim.
6. Options To Pay or Otherwise Settle Claims;
Termination of Liability
In case of a claim under this policy, The Fund shall have the
following additional options:
(a) To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance under this
policy together wi th any costs, attorneys' fees and expenses incurred
by the insured claimant, which were authorized by The Fund, up to
the time of payment or tender of payment and which The Fund is
obligated to pay.
Upon the exercise by The Fund of this option, all liability and
obligations to the insured under this policy, other than to make the
payment required, shall terminate, including any liability or obliga-
tion to defend, prosecute, or continue any litigation, and the policy
shall be surrendered to The Fund for cancellation.
(b) To Pay or Otherwise Settle With Parties Other than the
Insured or With the Insured Claimant.
(i) to payor otherwise settle with other parties for or in the
name of an insured claimant any claim insured against under this
policy, together with any costs, attorneys' fees and expenses incurred
by the insured claimant which were authorized by The Fund up to
the time of paYment and which The Fund is obligated to pay; or
(ii) to payor otherwise settle with the insured claimant the loss
or damage provided for under this policy, together with any costs,
attorneys' fees and expenses incurred by the insured claimant
which were authorized by The Fund up to the time of payment and
which The Fund is obligated to pay.
Upon the exercise by The Fund of either of the options provided
for in paragraphs (b)(i) or (ii), The Fund's obligations to the
insured under this policy for the claimed loss or damage, other than
the payments required to be made, shall terminate, including any
liability or obligation to defend, prosecute or continue any litigation.
7. Detennin.ation, Extent of Liability and Coinsurance
This policy is a contract ofindemnity against actual monetary loss
or damage sustained or incurred by the insured claimant who has
suffered loss or damage by reason of matters insured against by this
policy and only to the extent herein described.
(a) The liability of The Fund under this policy shall not exceed the
least of:
(i) the Amount ofInsurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or
interest as insured and the value of the insured estate or interest
subject to the defect, lien or encumbrance insured against by this
policy.
(b) (This paragraPh dealing with Coinsuranre was removed from
Florida policies.)
(c) The Fund will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and
Stipulations.
8. Apportionment
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting
one or more of the parcels but notall, the loss shall be computed and
settled on a pro rata basis as if the amount of insurance under this
policy was divided pro rata as to the value on Date of Policy of each
separate parcel to the whole, exclusive of any improvements made
subsequent to Date of Policy, unless a liability or value has otherwise
been agreed upon as to each parcel by The Fund and the insured at
the time of the issuance of this policy and shown by an express
statement or by an endorsement attached to this policy.
Agehda'Item-NO. 78
March 28, 2006
Page 28 of 86
10. Reduction of Insurance; Reduction or Termination
of liability
All payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of the
insurance pro tanto.
11. Liability NonClUDulative
It is expressly understood that the amount ofinsurance under this
policy shall be reduced by any amount The Fund may pay under any
policy insuring a mortgage to which exception is taken in Schedule
B or to which the insured has agreed, assumed, or taken subject, or
which is hereafter executed by an insured and which is a charge or
lien on the estate'or interest described or referred to in Schedule A,
and the amount so paid shall be deemed a payment under this policy
to the insured owner.
12. Payment of Loss
(a) No payment shall be made without producing this policy for
endorsement of the payment unless the policy has been lost or
destroyed, in which case proof of loss or desuuction shall be
furnished to the satisfaction of The Fund.
(b) When liability and the extent of loss or damage has been
definitely fixed in accordance with these Conditions and Stipula-
tions, the loss or damage shall be payable within 30 days thereafter,
13. Subrogation Upon Payment or Settlement
(a) The Fund's Right of Subrogation.
Whenever TIle Fund shall have settled and paid a claim under this
policy, all right of subrogation shall vest in The Fund unaffected by
any act of the insured claimant.
The Fund shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any
person or property in respect to the claim had this policy not been
issued.lfrequested byThe Fund, the insured claimant shall transfer
to The Fund all rights and remedies against any person or property
necessary in order to perfect this right of subrogation. The insured
claimant shall permit The Fund to sue, compromise or settle in the
name of the insured claimant and to use the name of the insured
claimant in any transaction or litigation involving these rights or
remedies.
If a payment on account of a claim does not fully cover the loss of
the insured claimant, The Fund shall be subrogated to these rights
and remedies in the proportion which The Fund's payment bears
to the whole amount of the loss.
If loss should result from any act of the insured claiman t, as stated
above, that act shall not void this policy, but The Fund, in that event,
shall be required to pay only that part of any losses insured against
by this policy which shall exceed the amount, ifany, lost to The Fund
Conditions and Stipulations (continued on reverse page)
II
II
Agenda Item No. 78
March 28, 2006
Page 29 of 86
FUND OWNER'S FORM
Schedule A
policy No.:
OPK-842833
Effective Date:
August 30, 1993
Agent's File Reference:
9:20 AM
Amount of Insurance: $289,500.00
1. Name of Insured:
EBERHARD THIERMAJDf, a married man
2. The estate or interest in the land described herein and which is covered
by this policy is a fee simple (if other, specify same) and is at the
effective date hereof vested in the named insured as shown by instrument
recorded in Official Record Book 1860, page 172, of the Public Records
of Collier County, Florida.
3. The land referred to in this policy is described as follows:
Lot 13, Block D, CONNOR'S VANDERBILT BEACH ESTATES,
Unit 1, according to the plat thereof, as recorded
in Plat Book 3, Pages 8 and 9 of the Public Records
of COllier COunty, Florida
I, the undersigned agent, hereby certify that
. the transaction insured herein is governed by RESP A yes no
. if Y cs to the above, I have performed all .core title agent seIViccs. yes no
4501 Tamiami Trail N.,
Ste. 300,
Esq.
QUARLES & BRADY
Agent No. 8488
Agenda Item No. 78
March 28, 2006
Page 30 of 86
FUND OWNER'S FORM
Schedule B
Policy No.: OPK-842833
This policy does not insure against loss or damage by reason of the following
exceptions:
1. Taxes for the year 1993 and thereafter.
2. Rights or claims of parties in possession not shown by the public
records.
3. Encroachments, overlaps, boundary line disputes, and any other matters
which would be disclosed by an accurate survey and inspection of the
premises.
4. Easements or claims of easements not shown by the public records.
5. Any lien, or right to a lien, for services, labor, or material
heretofore or hereafter furnished, imposed by law and not shown by the
public records.
6. Paragraphs 2 and 5 are hereby deleted.
7. Oil, gas and mineral rights reserved to prior owners.
8. Subject to Dedication to the perpetual use of the public as recorded on
February 2, 1953, in Deed Book 3, Pages Band 9 of the Public Records of
Collier County, Florida.
9. Subject to Deed of Restriction recorded on February 19, 1953 in Deed
Book 26, Page 354 of the Public Records of Collier County, Florida.
10.
Subject
County,
Collier
in O. R.
Florida.
to Resolution by the Board of County Commissioners of Collier
Florida, acting as the Ex-Officio governing the body of the
County Water and Sewer District recorded on December 19, 1974,
Book 608, Page 1264 of the Public Records of Collier County,
11. Subject to Final Order Establishing and Confirming Collier County Water
Management District Number Seven recorded on August 12, 1968, in O.R.
Book 282, Page 976 of the Public Records of Collier County, Florida.
12. Subject to Collier Water-Sewer District Resolution No. 85-4 recorded on
June 25, 1985, in O.R. Book 1142, Pages 1796 and 1797 of the Public
Records of Collier county, Florida.
continued...
Agenda Item No. 7B
March 28, 2006
Page 31 of 86
CONTINUATION SHEET
Schedule B
POLICY NO.: OPN-B42833
13. Subject to Ordinance No. 76-07 recorded on September 15, 1976, in O.R.
Book 662, Pages 715 and 715 of the Public Reords of Collier County,
Florida.
14. The Ad valorem taxes for 1992 under Folio Number 27483720003 in the
amount of $3,834.12 were paid January 28, 1993. 1993 taxes are not yet
due and payable.
15. Collier County Ordinance No. 90-30 known as the Collier County Mandatory
Solid Waste Collection and Disposal Ordinance.
16. Plat of Connor's Vanderbilt Beach Estates subdivision as recorded in
Plat Book 3, Pages 8 and 9 of the public Records of Collier County,
Florida.
17. Mortgage executed by Eberhard Thiermann dated August 13, 1993 and
recorded August 30, 1993 in Official Record Book 1860, page 197, of the
Public Records of Collier County, Florida, encumbering the premises
captioned in Schedule A in the original principal sum of $150,000.00.
msw /title/o-thier:a
bOUA.../L:)AA? y ~vRVey
Agenda Item No. 78
March 28, 2006
Page 32 of 86
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SURVEY SKETCIloF BOUNDARY SURVEY
FOR BUILDING PERMIT APPLICA TION
FOR CONSTRUCTION
I.'ATCRI.'Ar 100' ROV
N.79.0B'OOT.
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6.8'
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f'11(jFS 8 Tl-lRflU(J/I 9, INCL USIVC Dt THE PUBLIC RECORDS OF
COLLIER COUNTT', FLORIDA
CEHTlF'IED TO
EBeRI/APD TlITeRMIlNN AND INGRiD TlfrCRMriNNj
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Agenda Item No. 78
March 28 2006
STReEp~~:86
117 CHAN'fitLWDRlve
NAPLES, FLORIDA.
Lor 12
BLOCK D
j
~$e
f
SCALE' J' = 30'
RIGHT 0,- \,IA Y,
rtR S18'
115222
80.03' (MJ 80' (P)
[DOC or PAVEHElVT,
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15 30
GRAPHIC SCALE
60
FLOOD ZONE :
COMMUNITY PANEL
DATED :
(FLOOD ZmiE : ..S":C.....D". & 'Y' ARE NOT
IN DESIGNATED FLOOD HAZARD ZONE AREA.)
AE: 13
J20067-0J89E:
2-J6-95
CERTIF'ICATION :
I CERTIFY THAT THIS SURVEY WAS MADE UNDER MY DIRECTION AND THAT IT MEETS
THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF PROFESSlor~AL
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Aue 08 05 12:13p
Collier Co. ADDRESSING 941-659-5724
Au& 4 2005 13:30
Agenda Ite~J. 78
P. 02 March 28, 2006
Page 36 of 86
ADDR.ESSlNG CHECKLIST
Please complete the following g submit fur review to the Addressing Section at 2800 N011h Honcsb.oc Drive
or fax to (239) 659-5724. tJot all items wiD applY to eve:rv proiect. Itans in. bald type are reQuired. Completed
addIessing checklist is required at the Prc-AppJicatioll mcding.
1. Lepl deIcrlptioD of subject plpptrly or properties (copy of lengthy ducription m4Y be att4Ciul4) Please see
attached L-o~<'\U~ "'i:L~ 10.; \, ~L &.-4. ~~ \ 6\~ ~
f~ ~3 2-9 - ~'6'- ZS .
2. Folio (Property ID) aumber(s) of above (atli.Jch to, or QSsoc1are with, If!gaJ description if more tlum one)
27483720003
3. Street address or addresses (as applicable, if alretUJy auignd)
117 Channel Drive.. Naples. Florida
4. Loc:atioD map, showing c::uct location ofprojectlsit!: in relation to nearest public road right-of-way (attach)
s. Copy of SUJ'Vey (NEEDED ONLY FOR UNPLA TTE.D PROPERTIES)
6. Proposed project name (if appliCD.ble)
7. Proposed Street names (ifapplic4ble)
8. Site Development Plan Number (FOR. EXISTING PROJECTS/SITES ONLY)
SDP_
9. PetttiOD. Type - (Complete a separate Addressing ~klist for each Petition Type)
o SOP (Site Development Plan)
DSDP A (SDP Amendment)
o SDPI (SDP Insubstantial Change)
B SIP (Site Improvement Plan)
SIPI (SIP I Insubstantial Olange)
o SNR (Street Name Change)
o VegetationlExotic (Veg. Removal Permits)
X Land Use Petition (Variance, Conditional Use,
Boat Dock Ext.. Rezone, PUD rezone, etc.)
o Other - Describe:
o PPL (Plans & Plat Review)
B PSP (Prclimiuxy Subdivision Plat)
FP (Final Plat)
o LLA (Lot LiJK, Adjustmeut)
o BL (Blasting Pmnit)
o ROW (Right-of.Way Pcnnit)
o EXP (F.Jtcavation Permit)
o VRSFP (Veg. R.emoval &. Site Fill PCIDlit)
o lDR (TrmsferofDevelopme:nt Rights)
10. Project or development names proposed for, or already appearing in, condominium documents (if
applicable; indicate whether proposed or cxistiDg)
II. Please Check One: X Cbecklist is to be Faxed Back 0 Personally Picked Up
12. AppHcaDtName Richard D. Ypvanovicb Pboae435-3535 Fu 435-1218
13. Signature on Addressing Checklist docs not cons1i.tute Project and/or Street Name approval and is subject to
further review by the Addressing Section. '
FOR STAFF USE ONLY
Primary Numbec c;. ?-H7 "
Address Number C,,3:,OG,o
Address Number
Address Number
Approvedby 1) n.n;.A fVU'l.fLM Date ~- o~-o_s
Agenda Item No. 78
March 28, 2006
Page 37 of 86
AFFIDA VIT
Well. Eberhard Theirmann being first duly sworn, depose and say that well ami are
the owners of the property described herein and which is the subject matter of the proposed
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 A:nowledge and belief Well
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 Wellfurther authorize Richard D. Yovanovich
ourlmy representative in any matters regarding this Petition.
to act as
u~~
Signature of Property Owner
Signature of Property Owner
Eberhard Theirmann
Typed or Printed Name of Owner
Typed or Printed Name of Owner
The forego~ instrument "if acknowledged before me this :cl-::, day of ~'li::I
20..Qj"f. by ~Q,.l~.".d ~\e..QMf<t::.tJwho is personally J....7i.own to me or has produced (
'"f'"'L, 'D L-, as identification. ~
State of Florida
County of Collier
NOTARY PUBUC.STATE OF FLORlDA
Notary st.am~ Karen C. Stevenson
Commission # DD467739
Expires: ocr. 14, 2009
Bonded Thru Atlantic Bonding Co.. lnc.
. . COLLIER COUNTY r
BOAlf.' OF C9,UNTY COMMISSI( ,FRS
_ "__~__n__~EIl~IT_~_._______'___________
Agenda Item ~o_ 7B.
MarjC~ifZ.~.A ii,
Pag~ t>t'8t5 .
#".
PERMIT #: 2001022294
ISSUED: 04-24-01 BY:' GARRETTS,
MASTER #: 2001022294 COA NIA
JOB ADDRESS: 117. CHANNEL DR
JOB DESCRIPTION: ADDITION I ALTERATION
PERMIT
APPLIED
BR2A
02-28-01
,VALID 294
APPROvAL' DATE: 04"';24-01
JOB PHONE:
SUBDIVISION #: 329 - Conners Va;nd Bc::h Est 1 BLOCK: D
FLOOD MAP: 0189 ZONE:, AE-13 ELEVATION: '
FOLIO #: 0000027483720003 SECTION-TOWNSHIP-RA,N 29 48 25
LOT: 13.
OWNER INFORMATION:
THIERMANN. EBERHARD
1 ~ 7 CHANNEIi DR
CONTRACTOR INFORMATION:
NAPLES, FL17C02 341082141
CERTIFICATE #:
PHONE:
FCC CODE: 434 - R/ADDITION. ALTERATION
CONSTRUCTION CODE: 6 / TYPE V - NONCOME WALL-UNPROTECTED
JOB VALUE: 136.000.00 TOTAL SQFT: 1.406
"'--"BACKS FRONT:
ER:
CONTACT
CONTACT
30.00 REAR:
SEPTIC N
NAME: EBERRARD .
PHONE: (941\ 566-1676
25.00 LEFT:
WATER:
7.50
RIGHT: 7.50
WELL N
'Per Collier County. Ordinance No. 96-83. as amended, all work under the approved building permit shall
comply with all applicable laws, codes, ordinances and additional stipulations and/or Conditions of Permit.
The approved permJt eXpires if work authorized is not commenced within six (6) months from date of issue as
evidenced by the successful completion of the foundation inspections as stated inOrdinan~e No. 96-83
J,04.6.l.b as amended. Fee Resolution No. 96-594 provides for additional fees for failing to obtain permits
prior to commencing construction. The permittee further understands that only licensed contractors may be
. employed and that the structure shall not be u.sed or occupied until a Certificate of occupancy is issued.
I
I
NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property'that
may be found in the public records of this county, and there may be additional permits required from other governmental
entities such as water management districts, state agencies/or federal agencies.
WARNING TO OWNER: YOUR FAILURE TO RECORD A
NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.
IF YOU INTEND TO OBTAIN FINANCING CONSULT WIT'"
YOUR LENDER OR AN ATTORNEY BEFORE RECORDING
YOUR NOTICE OF COMMENCEMENT.
r.TJPR?O?O
r)
i-
Official Receipt - Collier County Board of County Commissioners
I~
. ..
Agenda Item No~ 7B
. March 28. 2006
Page 39 of 86
. -- --eePR11 03~OfflCialReceipt
Trans Number
259567
Date Post Date
04/24/2001 10:45:42 AM 04/24/2001
Address: 117 CHANNEL DR
Owner: THIERMANN, EBERHARD COA #: N/A
Permit Type: BR2A Job Desc: ADDITION 1 ALTERATION
Applicant: EBERHARD THIERMANN
DBA:
SWr Meter: Wtr Meter:
Payor: THIERMANN
Fee Information
Fee Code Descriotion GL Account Amount Waived
08BCAI BLDG. CODE CERT. SURCHARGE 11300000020882000000 . $18.41
08BPNP BLDG PERMITS ~ NAPLES 11313890032211000000 $777 . 00
08MFSG MICROFILM SURCHARGE 11313890034144200000 $5.55
08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 $18.41
08BACR BLDG. PERMIT APP. FEE CREDIT 11313890032251000000 $-184.10
Total $635.27
Payments
Pa ment Code
CHECK
Account/Check Number
1251
Total Paid
Amount
$635.27
$0.00 I
$635.27
$635.27 I
Total Cash
Total Non-Cash
Memo:
Cashier/location: GARRETT _S / 1
User. DIAZ_M
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed:04/24/2001 10:46:15 AM
BOAR
.
'.' \ COLLIER COUNTY
OF COUNTY COMMISSI<
"/
lERS
Agenda Item tio. 76
March 28, 2006
Page 40 of 86
\
I
PE~MIT APPLICATION
PEmfiT . r:-200102229-4'---'-- .______~___--._n__.__ .'-". PERMlf'.--..----.BRzx------------ v:u.:rD ---294------.--..
ISSUED: BY: APPLIED 02-28-01 APPROVAL DATE: 04-24-01
MASTER =It: 2001022294 COA N/A
JOB ADDRESS: 117 CHANNEL DR
JOB DESCRIPTION: ADDITION / ALTERATION
JOB PHONE:
SUBDIVISION #: 329 - Conners Vand Bch Est 1 BLOCK: D
FLOOD MAP: 0189 ZONE: AE-13 ELEVATION:
FOLIO =It: 0000027483720003 SECTION-TOWNSHIP-RANG 29 48 25
LOT:13
OWNER INFORMATION:
THIERMANN, EBERHARD
117 CHANNEL DR
CONTRACTOR INFORMATION:
NAPLES, FL17C02 341082141
CERTIFICATE =It:
PHONE:
FCC CODE: 434 - R/ADDITION, ALTERATION
CONSTRUCTION CODE: 6 / TYPE V - NONCOMB WALL-UNPROTECTED
JOB VALUE: 136,000.00 TOTAL SQFT: 1,406
SETBACKS FRONT:
'ER:
.TACT
CONTACT
30.00 REAR:
SEPTIC N
NAME: EBERHARD
PHONE: (941) 566-1676
25.00 LEFT:
WATER:
7.50
RIGHT: 7.50
WELL N
Per Collier County Ordinance No. 96-83. as amended, all work under the' approved building permit shall
comply with all appliCable laws, codes, ordinances and additional stipulations and/or Conditions of
Permit. The approved permit expires if work authorized is not commenced within six (6) months from date
of issue as evidenced by the successful completion of the foundation inspections as stated in Ordinance
No. 96-83 l04.6.l.b as amended. Fee Resolution-No. 96-594 provides for additional fees for failing to
obtain permits prior to commencing construct~o~. The permittee further understands that only licensed
contractors may be employed and that the structure shall not be used or occupied until a Certificate of
Occupancy is issued.
NOTICE: In addition to the requirements of this permit, there may be lldditionlll restrictiona applicable to this
property that may be found in the public records of this county, and there may be additional permits required from
other governmental entities such as water manllgement districts, state agencies, or federlll agencies.
WARNING TO OWNER: YOUR FAILURE TO RECORD A
NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
PAYING TWICE FOR IMPROVEMENTS TO YOUR
PROPERTY. IF YOU INTEND TO OBTAIN FINANCING
~ONSUL T WITH YOUR LENDER OR AN ATTORNEY BEFORE
RECORDING YOUR NOTICE OF COMMENCEMENT.
CDPR2020
COLLIER CO' .~TY
GOVERNMENI
APPLICATION FOR BUILDING PERMIT COLLIER COUNTY. FLORIDA 941-403~2400
Application Date -1_'_ Approved Date --1_'_ Issue Date _'-1_ CSA
gPO# COAt Property ID #~., ~ ~"6 'l BCJOo3
Job Name: THIERMANN
Construction Address: 117 CHANNEL DR IVE
NAPLES, FL U~E OCCUPANCY - NON-RESIDENTlAL
Applicant: EBERHARD THIERMANN ,CCJNSTRUCT~QN TYPE: SPKL UNSPKL_
Address: 1 1 7 CHANNEL DR IVE ~ ~ II" III l~; IV Drot V V pmt ~('Vi) VI Dmt
City: NAPLES State: FL Zip: 34108Q.~' SQUARE fOOTAGE: ~"~I'n;J'~/ .C'~^
PhoneNumber:r941 '566-1676 l-lVing~Sq. Ft.S _~~~ O~
Owner/Owners: EBERHARD THIERMANN . 'riIon Lilli'rl'g Sq. Ft. ~ "fT,
Addres!;: 117 CHANNEL DR IVE ~ota , . q. Ft.
City: NAPLES State: FL Zip: 34108 # edrooms: 3 #ofBathrooms: 2
Phone Number:! 941 \566-1676 al Panel(s) Buss Ratings: 200A
Contact Name: E _ Th!ermannTel #L2..4..lJ 566-1676 # of Stories: 2
Subdivision CONNORS VANDERBILT BEACH ESTAT Building Height: Et. ~\ ~.-
Section~ Township 4~ Rang~Area_ Number of Dwelling Units: ONE
Block D LoVParcel~_lInit..Q.~Tract_ PARKING:' \ loc.I
FIRM PANEL#12()(%7-{)ig9Z0NINGa ?SF-::' TAZ: :3:>~ r-re. \:::,
General Location: 1 2 3 4 5 6 7 8 9 10 11 12 13. Number of off street parking spaces:
PROPERTY SPECIFICATIONS: Acreage 9,600 FT Enclosed: 2' Outdoors: 2
Lot Width: 80' Lot Depth: 120 I Area
Bldg Width: 60' Bldg Depth: 57.2'
Setback from Property Line: 30 . 1 '
Fmnt:_ 2c> ' Rear:--.e;;;l.$ _ . UTILITIES:
Left Side: . -c '.S Right Side:_ ~ .~_ ~e of Sewage Disposal: (circle one)
Base Flood Elevation: 1 3 ' E9 CN SEPTIC OTHER
Surveyed by: F. L. A. SURVEYS CORP. *,C\.Q
Bench Mark Elevation: Location: Private: c. Q '>c" S - - \
Coastal Zone: Yes x No
Certification: Breakawav Walls: Yes
VALUE/COST:
CeRtreetere CeRtraet~!l Ceetlt /3a DaO.DO
,
CDS Calculated ValueS _
Description of Work: Add! t!on/Al teration
IF OWNER-BUILDER, A WARRANTY DEED MUST BE SUBMITTED TO PROVIDE
PROOF OF OWNERSHIP OF PROPERTY AND DRIVER'S LICENSE OR OFFICIAL
PHOTO 1.0. FOR IDENTIFICATION OF APPLICANT.
Owner of Record-Name: EBERHARD THIERMANN
Address: 117 CHANNEL DRIVE
City: NAPLES Slate FLORIDA Zip:34108-2141
Bonding Company: NONE
Address:
City: State Zip:
ArchitectiEngineer's Name: MARIO LAMENDOLA.
AddffiSS: 371 CO~ERCIAL BLVD.
City: NAPLES State FLORIDA Zip:34104
Mortgage Lender's Name: NONE
Address:
City: State Zip:
A recorded Notice of Commencement must be posted If project valuation exceeds S2.500.00
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
PAYING lWlCE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING,
CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMEMCEMENT.
_L~
PERMIT TYPE - RESIDENTIAL
_I
_2
_3
_..x_3
_5
_6
_7
~8
_9
SR2. - BLDG RES 1-2 STORIES - NEW
BR3 - BLDG RES 1-3 STORIES - NEW
BR4 - SLDG RES 4+ STORIES-NEW
BR2A - SLOG RES 1-2 STORIES - ADD/ALT
BR3A - BLDG RES 1-3 STORIES - ADD/ALT
SR4A - BLDG RES 4+ STORIES - ADD/AL T
BRMH - BLDG RES MOBILE HOME
BRPM - BLDG RES PARK MODEURV.
BROT - BLOG RES OTHER
No
MASTERPLAN NU~BER
F. )E 1 OF 4
Agenda Item No. 78
. March 28, 2006
Page 41 of 86
PERMIT TYPE- NON-RESIDENTiAL
_10
_11
_12
_13
_14
BC3 - SLOG COMM 1-3 STORIES - NEW
BC4 - BLDG COMM 4+ STORIES -NEW
BC3A - BLDG COMM 1-3 STORIES-ADD'At T
BC4A - BLDG COMM 4+ STORIES - ADD/At T
BCOT. BLDG COMM OTHER
RESIDENTIAL fMOIt~-:?l!IlrWXAlC SPEC.'S
TONNAGE 5
EPI# 0.99
SEER# 1 2
USE OCCUPANCY - RESIDENTIAL SINGLE FAMILY
Handicap NO
Boat Slips: 1
x
].Yee of Water Supply: (circle one)
'-e9 CN WELL OTHER
Private:
Water Meter Size: {' - 0 \,,C\ S. ~ : <\... c.,
'PAGE...LOF ~ PERMIT NUMBER:_ -...
APPLICATION FOR BUILDING PERMIT
COLLIER COUNTY, FLORIDA
.------.------APPLlCANT'S-SIGNATURE AND OATH-OR AFF:lRMA~lQN
Agenda Item N.D- 78
March 28, 2006 .
Page 42 of 86
The approved pennit andlor pennit application expires if not commenced within six (6) months from the date of
issuance. The pennit or application fee will be four times the amount of the permit fee, if work is started without
an approved pcnnit. The permittee further understands that only licensed contractors may be employed and that the
structure will not be used or occupied until a certificate of occupancy is issued. By signing this pennit application,
I agree that I have been retained by the ownerlperrnittee to provide contracting services for the trade for which I am
listed. Furthennore, it is my responsibility to notify the Customer Service section of the Building Review and
Permitting Department should T no longer be the contractor responsible for providing said contracting services. I
further agree that I understand that the review and issuing of this pennit does not exempt me from complying with
all County codes and ordinJl!lces. It is further understood that the property owner/permittee is the owner of the .
permit . n I I\'_
()l~ NlA tJl.1J1.LU?'1
General ~oDirallt9l"s Name: .Ef3.iH!/1J1RD THI.e-JrI1f1NIJ
State Registration No. Social Security No. Card No.
Address /l7C.'H~AJN.E'.L l)R. City ~=-":':";'Io.s;> Phone(-?J;~)5()6-i6"b
Qualifier's Signature (must be notarized) 1. . U Date 'Fe..\o. (b. ~oo \
State of Florida, County of Qo '-1,_ ~ r-
This building permit application w-i:rS!lribed before me this J {", day of ~I" ~ .
20 (') \ . by C:r"" ^~. . 11U\ W\A..~ '" ,who is personally known to me or
produced Fe Dr. L\: c.. as identification, and who stated upon oath or affl!tnation (circle one)
that helshe has read this building permit application, that the information and statements in this building permit
application are true to the best ofhisiher knowledge and that the work to be done is authorized by the owner.
(SEAL ABOVE)
~A~~~^_ y.?~_
NottJry Public
BARSIltU ...':"":7' .
MIS: -
EXPIRE~ U.;. . .
_n...";-' . -"".
printed. typed. or stamped
WnsH ~Jl..\dc'l
Electrical G~lItral:tor's Name: E fiER HP R,D TN},E RMfJ AJ rJ
State Registration No. Social Security No. Card No.
Address 117CNfNJN~.L .DR. City2~ State~Zip ...:H.iOg Phone I!'f~) S{(,,'fG7G
Qualifier's Signature (must be notarized) _~:/A'?U1'J6u~ Date 1-<tIo. lb,~OO\
State of Florida, Countyof Q.o \ I ~ e. r .
This building permit a~liCatiOn "'T:hb~Cribed before me this J ~ day of ~
20 l> t . by p.'o p r fI f" J LJ -^ lfl'l tl ~ '" . who is personally known to me or
produced F"l t;...- Lt c.. as identification, and who stated upon oath or affirmation (circle one)
that he/she has read this building perrnit application, that the information and statements in this building permit
application are true to the best ofhislher knowledge and that the work to be done is authorized by the owner.
f3:, a.. J.:, 0./\ "- ~A
No/ary publr.: '---
(SEAL ABOVE)
or stamped
BARIlAAAROSE
MY COMMISSION' CC 698847
EXPIRES: OIcember 7,2001.
""l1lllll_-U.-
PAuE :..i- OF ::L-
t'i.,;KMIT NUMtlt;K:_
APPLICATION FOR BUILDING PERMIT
COLLIER COUNTY, FLORIDA
OWller Bu,'Ioler
Plumbing-Gentr-eetor's Name: .EB;::RHA~'D TI-I/E!2''-1A1.JIV
--~-_..._-_.__..__.-
State Registration No. Social Security No. Caro No. .
Address 117 CHn!JFo./~.L T)~ CityU~ Zip 3'1108' Phone ('t'rI)SU ',/0. T(o
Qualifier'sSignature(mustbenotorized)~_~~ Date te.~, \b.~OOl
State of Florida, County of ~ 1\ \ ~.A
This b~lf~: ~~i~;rica~n ~ subscribed before me this / t, day of' h/.,.
~.cQool by , J hI O.A Wv..". VI , who is personally known to me or
produced F L. ~ r ( .1 ~c:... as identification, and who stated upon oath or affinnation (circle
one) that he/she has read this building permit application, that the information and statements in this
building permit application are true to the best of hislher knowledge and that the work to be done is
authorized by the owner.
~ AlfCi\'~ROSE
~; ,." .:["';" 1.If COM~ISSIOtH CC 698847
k.... - .., EXPIRES: December 7, 2001
, ',,' _dThN"OII/)'N>lk:-'"
B/1 .l.J.,c~ ^ ,., (2r7 "'-
No/ary Pub ;c - ----,
printed. typed. or s/omped
Ale Mechanical CQDtI'3ctoFsNanle: .EB.ER/"IRRD THJ,Ef2fV1HloJfV
State Registration No. Social Security No. Card No.
Address...J.1LC:HmJN):,L })/i? City iJ-N~ZiP 3';/08 Phone(91f~J6l6'-IG7<.o
Qualifier's Signature (must be notarized) ~AA.,,( Date~\
,
State of Florida, County of ~
This building permit application was subscribed before me this / It, day of {:; h .
W'"~ by. t~t'f;~rtC )J'Jj;...rYhCtb~. who is personally known 'to me or
produced f=c ~ c as identification, and who stated upon oath or affirmation (circle
one) that he/she has read tlus building permit application, that the information and statements in this
building permit application are true to the best of his/her knowledge and that the work to be done is
authorized by the owner.
f3n~ f?~
. No/ary Public
AL AIWlJIllU.'J'lOSE
MY COItlMISSIOO , cc 698847
EXPIRES: December 7. 2001
_1) aIaty PubIc-
printed. typed. or stamped
G
Roofmg CQn1raetor-'s Name: .El3.E.R H fiR;) T Ii J~RM I f/v'f'v ,
State Registration No. Social Security No. Card No.
Address I r 7 c?!-IJH.Nv'.EJ.. :i)t:" City ~"~S,ta~ Zip 34108' Phone{94:J .~h~f"';6 7"
Qualifier's Signature (must be notarized) _~ e-c--;; AhU Date~O\
State of Florida, County of Q.c. 11, ~ -
This building permit appIica~ ~as subscribed before me this ) (p day of ~ ~ '
...vr~/ by f:{J1?..A ~ .:JbU'.JlWl~~11. who is personally known to me or
produced f( ~r U c.. as identification, and who stated upon oath or affirmation (circle
one) that he/she has read this building permit application, that the information and statements in this
building permit application are true to the best of hislher knowledge and that the work to be done is
authorized by the owner, /? n
~-< Ica.A I1A (J-flKA
. Notary Public --
(SEAL ABOVE)
printe mped
,": t(.
My ilARBARA ROSE
.-71 COI.IMISSION , CC 698847
',."/t>.' expIRES: Oectrnber 7 2001
,.'~ ........1Jvu'-Y_.............
BARBARA ROSE
MY COMMISSION' CC 6988<17
. EXPIRES: December 7.2001
8onclod n.ru N01Ity I'1A>Ic Undonwtlm
Agenda Item No. 7B
March 28, 2006
Page 43 of 86
PAG<<~OF.2:-
rr-K1VllJ l'llJlUUIlIn..
....-,
Agenda Item N$). 78
March 28, 2006
Page 44 of 86
"
APPLICA nON FOR BUILDING PERMIT
COLLIER COUNTY, FLORIDA
OWNER-BUfL-DER-DlSCWSt:JRE-5FA'fEMENT
(Disregard if Applicant iSl1Q1 In Owner-Builder)
State law and Collier County Ordinance requires construction to be done by licensed conttactors. If you are applying
for B pennit under an exemption to that law, the exemption allows you, as the owner of the property, to act as your own
contractor even though you do not have B license. You must supervise the construction yourself. You may build or
improve a one-family or two-family residence or a farm outbuilding. The building must be for your own use and
occupancy. It may not be built for sale or lease. If you sell or lease a building you have built yourself within one(\)
year after the construction is complete, the law will presume that you built it for sale or lease, which is a violation of
this exception. Moreover, an owner-builder applying for or receiving more than one (1) building permit for the construction
of. one-family or two-fiunily dwelling in any three year period shaD be prima facie evidence of building/contracting without ..
license which is . violation Gf the Collier County Code. It is your responsibility to make sure that people. employed by you have
licenses required by State law and by County or municipal licensing ordinance. Any person working on your building who is not
licensed must work under your supervision and must be employed by you, which means that you must deduct F.I.C.A. and
withholding tax and provide workers' compensation for that employee, an as prescnDed by law. Your constmction must comply
with aU applicable laws, ordinances, building codes, and zoning regulations.
NOTICE: In addition to tht requjremcnt.~ of this permit, there may be additional restrictions applicable to this
property that may be found in the public records of this County, and there may be additional permits required
from other go"ernmental entities such as water management districts, state agencies, or federal agencies.
WARNING OF POSSmL'E DEED RESTRICTIONS
THE LAND SUBJECl'TO THIS PERMIT MAY BE SUBJECT TO DEED, AND OlHER RESTRIcnONS THAT
MAY LIMIT OR IMPAIR THE l.ANDOWNER'S RIGHTS. COLLIER COUNTY IS NOT RESPONSIBLE FOR
THE ENFORCEMENT OF THESE RESTRICTIONS, NOR ARE COLl.IER COUNTY EMPLOYEES
AUTHORIZED TO PROVIDE LEGAL OR BUSINESS ADVISE TO TIlE PUBLIC RELATIVE TO THESE
RESTRICTIONS. THE LANDOWNER OR ANY APPLICANT ACTING ON BEHALF OF THE LANDOWNER IS
CAtmONED TO SEEK PROFESSIONAL ADVISE. .
WARNING ON WORK IN COUNTY RIGHT-OF-WAY
.IS permit does not authorize cODStr.lction or installation of any structure or utility, above or below groWld, within
any right-of-way or easement reserved for access, drainage or utility purposes. This restriction specifically prohibits
fencing, sprinkler systems, landscaping other than sod, signs, water, sewer, cable and drainage work therein. If such
improvements are necessary a separate pennit for that pwpose must be obtained from Project Review Services (941-
403-24(0).
APPLICANT'S SIGNATURE AND OATH OR AFFIRMATION
The it and/or permit application expires ifnot connnenced within six (6) months from the date.of
issuance. Thepennit or application fee will be four times the amount of the permit fee, if work is started without an
approved permit The applicanVpennittee further understands that only licensed contractors may be employed and that
the structure will not be used or occupied until' a Certificate of Occupancy is issued.
Applicant's Name~~ontractor-eircle one): Eberhard T'hiermann
State Registration No. (if Contractor) Card No.
Social Security No. (if Owner-Builder)
Address 117 Channel Dr! ve City Naples StateFL Zip 34108
Applicant's Signature (must be notarized) i.. "'11.1.1 ~ AJ11A' AJ ~ ~ 4 _
State of Florida, County of Qo \ I \JU\
'J21~ bVilding permit application was subscribed before me this -1.1.P_ day of F eJ.., , 20-'LL
by >=- n \1lA 'Y'II r, ill V\ . who is personally known to me or produced as
identification, and who stated upon oath or affmnation (circle one) that helshe has read this building permit
application, that the information and statements in this building permit application are true to the best of his/her
knowledge and that the work to be done is authorized by the owner.
f3t11 ~ -l~_ ~ ^.....
No/af')' PublIC
Phone (941) 566-1676
Date t:e ~ l bl ~00\
(SEAL ABOVE)
printed. lyped, 07 stamped
BAABARA ROSE
MY COUMISSION f CC 6118847
EXPIRES, Oecembet 7, 2001
This cht:dl'.' ""ust be submitled with permil application par:'---'e! Agenda Item No. 78
DOCUMENTS REOUlRED DOCUMENT A nON REOUIRED ON PLANS March 28, 2006
Page 45 of 86
Yes No N/A Yes No N/A
I. COMPI.ETED BUILDING PERMIT 1. WELL LOCATION 0 0 I!l
H_ APPLICATION. --1&1- -lJ--:.- g 2.-PLANS DIMENSiON ._--!H--O--O ---.--.---.-...- ------ "-.,
2. SITE PLAN APPROVED (SOP) 0 0 18I 3. FOUNDA nON PLAN VIEW ~ 0 0
3. COMPLETE SET OF PLANS 31 0 0 4. CONSTRUCTION DETAILS 2!ll 0 0
1&:2 Family 2 sets - Septic 3 sets (Footings, Walls, Roof, Slab, etc.)
Multi &. Commercial .5 Jets .5. EGRESS WINDOWS fg) 0 0
4. SITE DRAINAGE PLAN 0 0 ~ 6. FlREPLACE/JENNAlRE DETAIL 0 0 l!I
Must be Approved by Developer 7.. OPENING PROTECTIVE 3J 0 0
.5. ENERGYCLACSW~NUALJ 181 0 0 8 SHEER WALL DETAILS I!I 0 0
3 sets with J attached to application 9 ONE HOUR PROTECTION 0 0 ~
6. TRUSS LAYOUT INCLUDING 10. TENANT SEPARA nON 0 0 IKI
REACI10NSlUPLIFT IKI 0 0 II. ROOF MATERIAL gj 0 0
,. ANCHOR. TYPES MANUFAC11JRE 12. ST AIRlHANDRAIL/GUARDRAIL
AND CATALOG NUMBER 81 0 0 DETAILS 18/ 0 0
(should be shown on the Truss Plan) 13. HYDROSTATIC RELIEF VENTS 0 0 !8J
8. BOUNDARY SURVEY - iii 0 0 (A-Zone)
INCLUDING ALL EASEMENTS IKI 0 0 14. BREAKAWAY WALLS (V-Zone) 0 0 III
9. COA 0 0 I!I 15. STRUCTURAL ENGINEERING
10. AUTHORIZATION LEITER 0 0 ~ PROVIDED. IF REQUIRED ~ 0 0
11. SEPTIC &: ENGINEERING 0 0 00 16. CALCULATED LOADS OF ROOF
12. FIRE SPRINKLER PLANS 0 0 ~ FLOOR BEARING MEMBERS aJ 0 0
13. RlGHT-OF-WA Y PERMIT R ~ [S) 17. AIR HANDLER LOCA nON I!SJ 0 0
14.Application for substant a1 amage 18. INSULATION IlD" 0 0
Improvement Review Yes 19. PLUMBING DETAIL [!J 0 0
OWNERlBUlLDER 20. PENETRATION DETAIL 0 0 18I
owner Reconstruction/Improvement Affi 21. U.L. DESIGN PROVIDED 0 0 [!g
OWNERlBUILDER AFFIDAVIT davi t~es 0 0 22. ELECTRJCAL PLANS lB1 0 0
WARRAN1Y DEED OR PAID TAX 23. PANEL RATINGILOCATION [gJ 0 0
RECEIPT [SI 0 0 24. SIGNED AND SEALED PLANS
QAR Appraisal #10111208 Yes WHEN REQUIRED Jgj 0 0
I CERTIFY TIiA T ALL THE ABOVE REQUIRED DOCUMENTS ARE INCLUDED WITH THE PERMIT
APPUCATION.
Florida Statute #837.06 . False Official Statements Law states that:
.. WhOe\!er knowingly makes a [alse stalement in wri/it/I!. with the intent 10 mislead a public servanl in the performance of his official
duty shall be guilty of a misdemeanor of the second degree, punishable as provided by afine to marimum of $500.00 and/or marimum
of a sixty day jail term. ..
Florida Statute #837.012 - Perjury wnen not in an official proceeding states that:
"Whoever maltes ofalse slatement. which he does 1I0( believe to be true, under oath, Plot in an official proceeding, in regard to all)'
material matter shall be guilf}' of a misdemeant)r of the first degree, punishable as prevlded in s. 775.082 or $. 775.083.
Florida Statute #92.S25b(2)
"Under penalty of perjury. J declare that I have read Iheforegoing stalernems and lhat the facts Slated in it are true."
8~ia~7UILDER
. ~,~HARD THIERMANN
t ~~~
[Signature)
Phone Number: (941) 566-1676
Permit Number:
STATE OF FLORIDA
COUNTYOF~.
The foregoing instrument was acknowledged before me this ~_~_O (
by ~~rc\. 'ti~t,.... ,,~ho is personally known to me or who has
(NlIJI\t of penon aclmowledlin&) ~ .
produced ~ l. () r- c.., C. as identification and who did take
. (Type ofldonllrlCllion)
(SEAL ABOVE)
an oath.
~.~,.l b't~ OL. ~ J I !:1otary Public
I&natun:)
Commission No.
. .,~~.~ B~BARA ROSE
. ""';D\ t.4Y COIAMISSIOIl , CC 698847
:::~; 'f EXPIRES: Dacember7,2001
. "'~P.! . --~--
(Name of Notary typed, printed or stamped)
MA:STEKl"EK.M1T NUMliEl( '-_.
DATE ~ , Z8\6\ AMOUNT -'~"'t, ,\:)
FEE CHECKLIST
llLDING
ELECTRIC
PLUMBING
MltCHANICAL
GAS
BCAI
RADON
POOUSPA
SEM"lC
FIRE
wo
~,oo.
s6,oo :
\~~~
,~ .
RIGHT OF WAY
WATER MNGT
MJCROFILM
D\Pt
'5.SC;-
_ .., fRVcrURAL
[JlAl"~otlce of Commencement
[i3""1Oo Footlnes
o 101 Pile Caps
o 10 rade Beam
3 Slab
~Ie Beam -
o;r1 ~he8r Wan_
~~Iumn.
_ ~7 ~heathlng F.sda Metal
-, ~ramlnll
ii-109 In,ulatlon
o 11!Jie Down
(I}:"1'fl R~ ne III Progress
o 11 ood proof
q Fin Fir Elevation
o 11 j.Ji'Ievator Cert
~5 Final BuildIng
- 0 116 Steel Building
o 117 Final Threshhold l..etter
DIp-Lintel Beam
[lY119 Fill Cells
o 120 Flood Vent Relief
o IP Concrete Deck
u;vI22 Spot Survey -10 Day.
o 124 Steel In Stair/Column.
o 125 Elevator Pit
o !)CrV-Zone Cert
[1("127 Elevation Cert
-0 128 Break Away Wall
, 129 Engineering Cert
.J 130 TIS Framing
o 131 TIS Drywall
o 132 TIS Insulation
o ya'Monolithic: Slab
!B"134 Final Roofing
AMPS
#I BatJu
YEKMll rcUMUJ1~K
COMMUNITY_ PAR
RECIO A
LmRARV
FIRE
ROAD
SCHOOL
WATER
SEWER
METER CHARGE
HEALTH DEPARTMENT REQUIRED:
- YES NO ~
UTILmES WATER CONNECTION FEES REQUIRED:
YES NO V
UTILITIES SEWER CONNECTION FEES REQUIRED
YES - NO /'
C,?PYO'N::MP07 USE ATTACHED:
;2,.e>o-
Ql....
EMS
(750.- ",999,99)
(5,000 -4!1,,".99)
:)'j I,~ (50,000 - I MIL)
(I MI,+)
(Mobile Home. Slnlle)
(Mobile Home. Double)
(Mobile Rome. Triple)
R.V.
.5
Tons
o Prl"ete 0 Public _
Fire Plan Reyiew
Fire Inspedion
(JDltlal)~~
(pebllc:)
VES
INSPECTIONS
~MBING
I!f JOO Plumbing Rough
[3"'201 Plumblna: Tubset
o 202 P1umblna: Slack Test
o ;pa Sewer Tap
-[Q"'104 Final Plumbillg
o 105 Irrigation Final
MEQH. Ale
i!r'Joo Mechanical-Rouch A/C
[3-101 Final Mechanical AlC
GAS
o 400 Cas Roueh
0401 Final CII
d 402 Tank Tie Down
ELECI'RTCAL
o 59P"Eleetrleal T Pole
~~elrieal Rough
~~I Eleelrlcal
~3 Service Change -
o 504 T f10rary Power
o 50 ug
6UG
o 507 Electrical Sub Req.
FIRE
o 618 Final Fire
0619 Pollution Control
o 6211_P. Tie Down
POOLS
o 700 Pools Steel & Ground
o 701 Final Pool
o 702 Pool Deck
c7'-\...J'-J' '-' 01 c::7C)\ "l T
_ Agenda Item No. 78
March 28, 2006
'flp T r}.V Page46of86
. . ." ........ .
'.
(SI.a1. Family)
(Matti-Fa.lly)
(Mobile Ho..e)
Vrrnn'el T1'llUer)
SITE
o 800 Right of Way
o 801 Storm Water Mnemt
o 802 lAndscape
o 803 ParklngIHandlcap
o 804 Well
o 865 Septic
o 810 Exotic Veg. Removal
FIRE DEPARTMENT
o 900 Marco Fire
o 901 Ea.t Naples Fire
o 902 Nortb Napl.. Fire
o 903 Golden Gate Fire
o 905 Ochopee Fire
o 9061mmokalee
o 907 Big Corkscrew
SOLID WASTE
o 99990 No Charae
o 99993 SW DI.L 112 Unit
o 99994 SW DI,L 211 Unit
o 9!1997 SW DIst. 112 Unit
o 99998 SW DlsL 111 Unit
o 99988 SW Did. 2/1 Imm DIs
o 99989 SW DlsL 1/WMlICo
o 98 City of Napl~
/)
- \
Official Receipt.;, Collier County Board of County Commissioners
,.....
Agenda Item NO.7B
March 28, 2006
Page 47 of 86
. \
. \
..~
'}
... . --.CDRR~ .t03-....0fficial. Receipt
Trans Number
250099
Date
02128/2001 3:47:44 PM
Post Date
03/01/2001
Address: 117 CHANNEL DR
Owner: THIERMANN, EBERHARD COA #: N/A
Permit Type: BR2 Job Desc: ADDITION / ALTERATION
Applicant: EBERHARD THIERMANN
DBA:
Swr Meter: Wtr Meter:
Payor: E THIERMANN
Fee Information
GL Account
11313890032251000000
Total
Amount Waived
$184.10
$184.10
Payments
Pa ment Code
CHECK
Account/Check Number
1233
Total Paid
Amount
$184.10
$0.00 I
$184.10
$184.101
Total Cash
Total Non-Cash
Memo:
Cashier/location: FROLOFF _E 1 1
User: COMPAGNONE_D
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed:02l28/2001 3:48:06 PM
'.'., .
ROUTE SMEET
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APR 0 5 2001
~UILDIN~ Pl.ANS ijJ;VIJ;;W
ROUTE SHEET
Agenda Item No. 7B
March 28, 2006
. _. Pag~f 86 .
Permit Number d 0 b I C0o-cy C). CC V
REVIEW
DATE
S'\"A TUS
. Structural
A
In H
Mechanical Out -';"'}' NI A
In
Gas" Out
In ?-l,3 A
H
,
Electrical Out N/A
A
In H
Handicap Out . N/A
A
In H
Fire Out- . N/A
A
In H
Engineering Out NfA
A.___
III II
Utilities NfA
Completion Date
I
. I
".
----~---------~--
/" New Plan
Master Plan
Revision.
Correction
EDC Fast track
COMMENTS
3h Ie))
JL; JU\.
RECENED
P' ~ ~\C Rt'-JI'C'N
6U\l.OING ;...,..,;..<;1 .
PLANS REViEWED
FOR F.E.M~A.
REGULATIONS
"
)
---')
Agenda Item No. 78 .
March 28, ~006
. Page 50 of 86
Je!.tt:.lER-€e~BVERNME-N~ "~~-~-'-'"
COMMUNITY DEVE~OPMENT AND ENVIRONMENTAL SEltyrCES D~SION
Building RevIew and Permitting Department
2800 North HorseShoe Drive
Naples, Florida 34104
March 29, 2001
Eberhard Thiermann
117 Channel Dri ve
Naples, Fl. 34108 ,
Permit No: 2001Q,27294
.. ..1. ---,
Plans submitted ~ith the referenced 'permit have reen reviewed. We are unable to approve your permit application for the
reason(s) indicated below.
'. ,
Submit three (3) sets of revised sheets along with letter of response addressing each item. ,.All revisions must 1:>e clouded.
Submit all revisions in one package. ".'"''
Structural Codes - 403-2427
1. Show ,anchor type and manufacture for liplift and reaction loads,
2. Truss plans do not show roof trusses next to front entry.
3. 'Provide detail showing trea~~ riser's and handrail size and height.
NOTE:'
If the above items are: A. Left as is - They are comments that need further attention.
. .stf'ikethN - They have been completed and approved.
. Underlined - They have been added after further review.
If Y9U need additional information, please contact the appropriate plan reviewer oc'
Plans Coordinators, Diana Compagnone or Martha Vellos @ 403.2474 or 659.5711
Cc: file
file
.. '
'.--'').
"
r-j
Agenda Item NO.7B
March 28, 2006
Page 51 of 86
- 30LLIER- OOUNTYliOVERN~tENT-d______------------
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
Building Review and Permitting Department
2800 North Horseshoe Drive
Naples, Florida 34104
March 29, 2001
Eberhard Thiermann
117 Channel Drive
Naples, Fl. 34108
Permit No: 2001022294
Plans submitted with the referenced permit have been reviewed. Weare unable to approve your permit application for the
reason(s) indicated below.
Submit three (3) sets of revised sheets along with letter of response addressing each item. All revisions must be clouded
Submit all revisions in one package.
Structural Codes - 403-2427
1. Show anchor type and manufacture for liplift and reaction loads.
2. Truss plans do not show roof trusses next to front entry.
3. Provide detail showing tread, riser's and handrail size and height.
. NOTE:
If the above items are: A. Left as is - They are comments that need further attention.
. Strikethru - They have been completed and approved.
. Underlined - They have been added after further review.
If you need additional information, please contact the appropriate plan reviewer or
Plans Coordinators, Diana Compagnone or Martha VeIlos @ 403-2474 or 659-5711
cc: file
fIle
. "-, PERMIT CACULA TION SUM~RY'~---)
Agenda Item No. 7B-
. March 28, 2006 -
Page 52 of 86
PERMIT NUMBER
d.-(s,c \ c);1dd 9~
._-_.._._--_."._~--_..,.
. .
STRUCTURAL
USE TYPE SQ:FT.
. ---.e-? .-$. ~ (L) ~
~N (NL) ~V
(TAj J4oIP.
@ $ PER S.F.. (=)
VALUE 12I,~ COST
ELEVATOR (Y I N)
TYPE N. V, & VI S27.000EACH
RADON ~ SQ. FT. X $0.005 =
B.CAI. .~ sa. FT. x $0,005=
PLUMBING
Minimum or Total Number of Units
Square Footage of Floor Area
Total Fixture Units
Retrofit - Minimum $36.00 per Floor
X $36.00 =
1425) X $ 3.00 =
X $ 1.00 r\ECE\VED
X $ ~ t'I , ?flf\f\
--vP- '* ..
. . NS RE'J\EW
RU\LD\NG pLA
NO.
MECHANICAL
Minimum or Number of Unit Up to 3 Tons
Each Additional Ton or H.P.
Square Footage of Floor Area
Retrofit - Minimum $36.00 per Floor
X $36.00 =
X $ 3.00 =
/425) X $ 3.00 =
X $36.00 =
ELECTRICAL
Minimum or Total Amp Panel Rating Sg!. Phase or 3 Phase .
. Total Switches Per Amp Rating Sgl. Phase or 3 Phase.
When 3 Phase Electrical is Being Calculated, Use a .50 Multipfier add to sgl. Phase rates;
X$
X$
=
=
FIRE
Minimum or Total Square Footage
X$
=
FIRE IMPACT FEES
Fire District _ Total square footage No. Units
Fire Plan Review Fee Total Square Footage
X$ =
X 15% =
ROU/'~.'ISHEET FOR SINGLE FAMIL X Hci'")s
Agenda Item No.7B
March 28, 2006
. Page 53 of 86
Permit Number:
~cor ~8.~g <-I.
NEW PLAN
~EVISION
V""'" ADDITION/ALTERATION
MODEL HOME
OVER 3500 SQUARE FEET
MOBILE HOME
Completion Date:
Date: I Date: I
APPLICATION COMPLETE .In: ;;z. f ~ /D{ lout: cSt ,~}~ I
I CS
ENVIRONMENTAL REVIEW DATE SENT: R>~ ~~. ~
~ ~ ,~ ~
N/A: COMMijrlts: .{y~
ZONING REVIEW: I Date: I V ~~~ . <?:~
I In: ~ \~ IDt I I ~~~
, I APPROVED I~
I Date: I I . .
I Out a\~ \ot I I
I I HOLD I REVIEWED BY:
STRUCTURAL REVIEW: I Date: I I
I I I
I In I APPROVED I
I Date: I I
I I I
I Out I HOLD I REVIEWED BY:
ELECTRICAL REVIEW: I Date: I I
I I I ~~
I In I APPROVED I
I Date: I I ~.
I I I
I Out I HOLD I REVIEWED BY:
PLUMBING/MECHANICAL I Date: I I . . ~
I I I ~v;YYif
I In I APPROVED I
I Date: I I
I I I
I Out I HOLD I REVIEWED BY:
HEALTH REVIEW; DATE SENT:
N/A: ~ COMMENTS:
UTILITIES REVIEW:
DATE SENT:
. COA:
N/A:
V"'"
~
COMMENTS:
N/A:
ATTACHED:
REQUIRED:
COMMENTS:
v
SUBCONTRACTOR LIST:
ATIACHED:
REQUIRED: .
COMMENTS:
Agenda Item NQ. 78 .
. March 28, 2006 .
Page 54 of 86
'I
I
1,':'$ikMJAlk;f:lt>e.. :ryf/5 ./:ht'''. ,,/ltt4Af4crp~ k:e
?1Pt.IF!,41J1:> et!!f,4<:::Tf~A/ ~~~ " .'
Z .712t/SS Pt.-ftAtS" ~ t:hr ~N:I ~~6S'
;,~ 7ZJ ,~f!!g~ ~e( " "", '
3. .,PIYv'/Ot;5 P!.FfAIL~~ ~DJ,e6l5~S- APJ'P
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.:,HA-AtD~,:J-/~ ~/Z~IJIJ h'er/7l-/.
,
Agenda Item No. 78
March 28, 2006
Page 55 of 86
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority personally appeared Eberhard Thiermann who,
after being first duly sworn, states under oath as follows:
1. During November and December, 2000, and January, 2001, I obtained quotes from
numerous contractors to calculate the approximate cost of the planned 2001/2002
additions and alterations on our home at 117 Channel Drive, Naples, Florida. One of the
contractors provided me with a quotation to replace the pool screen enclosure and,
subsequently applied for and received Permit No. 2001021255 without my knowledge or
consent. I never applied for, paid for, received, saw, displayed or acted on the above
permit. In addition, , did not know the permit was issued. From the issuing date of
February 15, 2001, of Permit No. 2001021255 and throughout the interim until the
expiration date of August 14, 2001, no demolition, no alterations, no additions, no
repairs, no improvements, no replacement and no remodeling were performed on the
pool screen enclosure. In addition, replacing the pool screen enclosure under the above
permit prior to the construction of the new roof where the pool screen enclosure is
attached to would have been senseless.
2. Collier County Board of County Commissioners issued on April 24, 2001 Permit No.
2001022294 for Addition/Alternation at 117 Channel Drive, Naples, Florida. The Permit
No. 2001022294 was based on the submitted survey for Building Permit Application for
Construction dated November 17, 2000, revised February 6, 2001, clearly showing the
pool screen enclosure location and the 3.2 foot rear yard encroachment. During the
week of January 7,2002, the old pool screen enclosure was removed and subsequently
during the weeks of April 8, 2002, and April 15, 2002, the new pool screen enclosure
was installed. On April 23, 2002, and April 24, 2002, the pool screen enclosure was
inspected in my presence, under REO 115, as indicated and signed off on the Inspection
Job Card - Collier County, Florida for Permit 2001022294. It was mine and the
inspector's understanding without question that the replacement of the pool screen
enclosure was covered under Permit No. 2001022294. The Collier County Board of
County Commissioners issued on April 25, 2002, for Permit 2001022294 a Certificate of
Completion certifying that at the time of issuance this structure was in compliance with
the various ordinances of the County regulating building construction or use.
3. The first time the Collier County Government made me aware of the existence of Permit
#2001021255 dated 2/15/02 for replacing pool screen enclosure was in their letter to me
dated 2/23/04 stating: "While you have pointed out some of the specific information in
the pool permit No. 2001022294, the enclosure was completed under permit No.
2001021255. This permit does not show a completed Certificate of Completion." On
March 1, 2004, I went to the Collier County Government offices on Horseshoe Drive and
purchased a copy of Permit No. 200102155. My letter dated March 2, 2004, to the
Collier County Government explained, as outlined in the first paragraph of this Affidavit,
that I had no involvement in the application and issuance of Permit No. 2001021255.
The same information as in Paragraph 1 of this Affidavit was submitted to Michelle
Arnold, Department Director, Code Enforcement, Collier County Government, in a
narrative form in my General Affidavit dated February 23, 2005. All of the above
information is documented in the Collier County Government records.
Agenda Item No. 78
March 28, 2006
Page 56 of 86
"
cu~:
Eberhard Thiermann
Printed Name
Office, if any
FURTHER affiant sayth naught.
Sworn to and subscribed before me by
day o~ .2006.
(SEAL)
this i 3
Eberhard Theirmann
~~~~
Notary Public - State of ""FIO......I~ )
NOTARY PUBUC.STATE OF FLORIDA
~ Karen C. Stevenson
Commission # DD467739
Expires: ocr. 14 J 2009
Bonded Thru Atlantic Bonding Co., Ine.
(Print Commissioned Name of Notary Public)
Did _ Did NoiL take an Oath
Personally Known X or Produced Identification
Type of Identification Produced -
",,-
~, ., '.,.-
,/
./
Agenda Item No. 78
March 28, 2006
Page 57 of 86
.~
Bill conducted an inquiry on Collier County permit 2001021255- issued for a pool
screen enclosure located at 117 Channel Drive.
1. Building permit was issued to The Aluminum Store.
2. No inspections were done on permit.
3. The permit is inactive status due to the lack of inspections.
Had a meeting with Mr. George Gareau, qualifier for The Aluminum Store, and it
was determined that the permit number in question should have been cancelled for the
following reasons.
1. Homeowner cancelled contract with The Aluminum Store (copy of contract was
provide to our office.)
2. Mr. Gareau notified homeowner of setback violations.
3. Under contract with The Aluminum Store, homeowner was to supply design and
specifications of the pool cage.
III
JI'
'I
il
!J
:1
'I
~
After discussing in length with the qualifier Mr. Gareau, it was determined by our
office that we were unable to prove payments were made by the homeowner to contractor
or that the contractor completed the work under this permit.
Mr. Gareau was given verbal notification to void and seek refund for outstanding
permit located on ~ 17 Channel Drive for a screened pool enclosure.
I r
If the homeowner is able to provide more information on who completed the
screen enclosure to our office, we would gladly look into the matter on his behalf.
MGO
COMPLIANCE SERVICES
Agenda Item No. 7B
March 28, 2006
Page 58 of 86
~
"p S'l'A'rDEN': FORK
My name is:!~~ ,tw~ ~/14..-1 dA-",( eA- t/
I live at: //3 / 5'i~/'1 /t--> ~ ?,J
My phone number is: :>5;2- -I " 2- b , My' social security # is: t:l1 t - ~ l 4 2.-J S-
My date of birth is: 1z.,.;I~/(,L, My driver's License # is: (,.6~o~/e;bf..l')7 0,
Today is (Mo./dtlyr) ~h~/O " I am at LJ-cn:> . AnIJ..(t., J.Jul"t.3c..5hw J2...<.
talking to t'Y\ l'~M t../ O.s s. 0/2../ 'c)' ,regarding 5../ -?t /U/VI 4-N,v
--L,..4-~ ./} <- ()W4(/!.. ~/ !9v,1. I, A-t. ~
If /h~ J1-!t/;v,/#Vfr7 )~t!. // -T /#"","5€~,J 11-
L UA/5C- >;, tv/A- t. /J!c//o1 nt/v/,,"? (;,'" //~/L ) /- cz
/1 ?)- L t7c-+-~ rl-I
)'1,-<.- Ie 7 (J,J JA-...J I / '> 2-00 / "-rAt:. A/tI""~~
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/;- ~~ <)h,/17 .;?~ Pc.- ~~~V"-<- ' h~ /'77d. 71lut-~~
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C:;7 ,r~t ~; /J II:-/~ &"'- t!l /?v d ~~" t:,. >v-'- . {;(L-Io-,'I
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;I ~ 0 / L / S- s h /t. -/-.4 (. 7A ,t:. ~...,,.,; A ~, ',(.( IV -h. .
5~~~ ;h~ L I ~ ?~ 'ht ()>L .t:,.,...,. f 7 /'Vw+1'L, /) I " //?/t..
~/e fiJ'h+-",) wA-S /VtJ 1-, -.f!-jL ~ ..,tk I- I'M- I> a.c;"....J
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~ ;./w~' ,'" i~ v~<-L. ~ 4-- /- /lAJ h";~ ~'d //77
Cn7"~7 II, n..- /J--/UNU';o,;v-. >.Iv__ 1/ 8&,// ~ ,,/6,,'C
Z^'~~ U'..A- hc-,..~ ,4-1- II 7 ~ t.. +....~ (. .&.,{.,. p~:/~
2. r? Oln z.. I 2.. ~~ - t- A- l; ~"-"c...L- / ~ ~;vI 2. - F -CJ "
"Y41.4~
STATE OF FLORIDA
COUNTY OF COLLIER .
rr ' G:a r"'- 4. t.J- )-t:!.. rr-.1
~ego n sta e was acknowledged before me this ,.,2;5 - day of r....J1.-AJ- .
y who has produced~ ~6 "o.J'/J' ~ :z.~ d
as ident ficati nd who did (did not) take an oath.
l~~'f\\ MY lIAAGARET W. WRIGHT
. ~'SSION , DO 107318
_PIRES: AUlJUSl6 2006
n.",-,_~...
(s1 na re of Notar ub11c)
/A l).p(tVr..::HJ .uJ r~ 'iY
(Print Name of Notary Public)
NOTARY PUBLIC
serial/Commission I
My commission Expires:
(NOTARY'S SEAL)
Agenda Item No. 78
March 28, 2006
Page 60 of 86
~
~
\
If.
YHilIlEMLT
LAIlDClH
Agenda Item No. 78
March 28, 2006
Page 61 of 86
Forbis Gulfshore Properties LLC
10091 Gulfshore Drive
Naples, FL 34108
February 2,2006
Heidi Williams, Principal Planner
Collier County Government
Community Development and Environmental Services Division
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
Re: Petition V A-2005-AR-8693 (117 Channel Drive)
Dear Ms. Williams:
We own the property at 10080 Gulfshore Dr., near the referenced property in Naples, We
also own additional properties in the neighborhood near the referenced property. We
received the Property Owner Notice requesting a variance from the required 10-foot rear
setback for a pool and screen enclosure of3.2 feet in the RSF-3 zoning district.
Weare sending this letter to state our strong obj ection to permitting the requested
variance. We feel that the existing homes that have screen enclosures and their associated
walls that go right to the seawall, or very close to the seawall as in this case, are very ugly
and diminish the property values of all properties in the area. Please enforce the zoning
requirements as they are written, they make sense as written.
/1 / ~Lld-
~o~bis
~\+~
Robert A. Forbis
r'\\ ~
~~-
Debra J. Forbis
~Ld . . J:;jk
J ~fJ;" ~Singleton
cc: Collier County Commissioners
RECEIVED
F
fB 0 9 2006
Agenda Item No. 78
March 28, 2006
Page 62 of 86
Robert C. and Debra J. Forbis
10091 Gulfshore Drive
Naples, FL 34108
February 2,2006
Heidi Williams, Principal Planner
Collier County Government
Community Development and Environmental Services Division
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
Re: Petition V A-2005-AR-8693 (117 Channel Drive)
Dear Ms. Williams:
We are homeowners that live at 10091 Gulfshore Dr., near the referenced property in
Naples, We also own the lot across the street at 10090 Gulfshore Dr. We received the
Property Owner Notice requesting a variance from the required 10-foot rear setback for a
pool and screen enclosure of3.2 feet in the RSF-3 zoning district.
We are sending this letter to state our strong objection to permitting the requested
variance. We feel that the existing homes that have screen enclosures and their associated
walls that go right to the seawall, or very close to the seawall as in this case, are very ugly
and diminish the property values of all properties in the area. Please enforce the zoning
requirements as they are written, they make sense as written.
k2:~r{ ~
~~,~
Debra J. Forbis
cc:
Collier County Commissioners
~~C~\~~l)
~ t.t1 t\ 9 1\)\)~
Agenda Item No. 78
March 28, 2006
Page 63 of 86
Robert A. Forbis
Bart Singleton
Jennifer Singleton
124 Seabreeze Avenue
Naples, FL 34108
February 2, 2006
Heidi Williams, Principal Planner
Collier County Government
Community Development and Environmental Services Division
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
Re: Petition V A-2005-AR-8693 (117 Channel Drive)
Dear Ms. Williams:
We are joint homeowners across the canal from the referenced property in Naples and
received a Property Owner Notice requesting variance from the required 10- foot rear
setback for a pool and screen enclosure of3.2 feet in the RSF-3 zoning district.
This letter is sent to state our strong objection to permitting the requested variance
because we would have to look right at the pooVscreen immediately across the canal from
our home. There is a reason for the 10' setback, because pools and screens and the walls
that hold them up that are placed close to the seawall are ugly and make the canal look
smaller and more cramped than it is already. There are some other homes in the area that
obviously had variances approved as they have screens and walls right on the edge of the
seawall and they are a visual blight on the area. They should never have been allowed,
they reduce the property value ofthe whole area, especially the neighbors on each side
and the ones directly across the canal from them. You need to enforce the rules on the
books, they are there for a reason, they make sense. I have enclosed photos of these
unsightly walls and screen enclosures for your review.
~f1-C:~
Robert A. Forbis
J~.~i~~
~rJ~
v B~C.LS~ton'
cc:
Collier County Commissioners
RECEIVED
l-l:.B 0 9 2006
11I>......
."
Agenda Item No. 78
March 28, 2006
Page 64 of 86
February 4, 2006
Collier County Government
Community Development and Environmental ServicesDivision
p..rtment of Zoning and Land Development Review
~ North Horseshoe Drive
NaplesFlorida, 34104
RE: Petition V A-2005-AR-8693
To whom it may concern:
Please be advised that as property owners at 100 Sea breeze Ave.,
Naples FI. 34108, and being invited to respond by mail or in person
to a variance requested by Eberhard Thierman, 117 Channel Drive,
we have no objection and support your approving the above
mentioned variance.
Sincerely Yours:
\
(]JU,;.&;'u ;J. cr LJ~
Christine A. Leitow
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Agenda Item No. 78
March 28, 2006
Page 65 of 86
Dr. Manfred & Patricia Dunker
219 Seabreeze Ave.
Naples, FL 34108
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Ms. Heidi Williams
Principal Planner
Collier County Government
Community Development and Environmental Services
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
February 07, 2006
Re: PETITION: V A-2005-AR-8693
Dear Ms. Williams:
We are in support of Eberhard Thiermann's above petition for a variance, as specified in your
letter dated January 18, 2006.
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Dr. Manfred Dunker
Patricia Dunker
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Ms. Heidi Williams
Principal Planner
Collier County Government
Community Development and Environmental Services
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
Agenda Item No. 78
March 28, 2006
C h Fa Page 66 of 86
. rl.s-h'n L r S'-J:?Q..h t'q 1<
112- Set{ bre e -z..e... Ave...
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Re: PETITION: V A-2005-AR-8693
Dear Ms. Williams:
I am in support of Eberhard Thiermann's above petition for a variance, as specified in your letter
dated January 18,2006.
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Agenda Item No. 78
March 28, 2006
Page 67 of 86
Robert A. Burns
10173 Gulf Shore Drive.
Naples, FL 34103
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Ms. Heidi Williams
Principal Planner
Collier County Government
Community Development and Environmental Services
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
February 07, 2006
Re: PETITION: V A-2005-AR-8693
Dear Ms. Williams:
I am in support of Eberhard Thiermann's above petition for a variance, as specified in your letter
dated January 18,2006.
;?bt2d-
Robert A. Burns /
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Agenda Item No. 78
March 28, 2006
n1k H~~ Page 68of86
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Ms. Heidi Williams
Principal Planner
Collier County Government
Community Deve] opment and Environmental Services
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
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Re: PETITION: VA-2005-AR-8693
Dear Ms. Williams:
I am in support of Eberhard Thiermann's above petition for a variance, as specified in your letter
dated January 18,2006.
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Agenda Item No. 78
March 28, 2006
Page 69 of 86
Jolaine Dunn
108 Channel Drive.
Naples, FL 34108
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Ms. Heidi Williams
Principal Planner
Collier County Government
Community Development and Environmental Services
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
February 07, 2006
Re: PETITION: V A-2005-AR-8693
Dear Ms. Williams:
I am in support of Eberhard Thiermann's above petition for a variance, as specified in your letter
dated January 18, 2006.
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Agenda Item No. 78
March 28, 2006
rY?k f-/~~ Page 68of86
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Ms. Heidi Williams
Principal Planner
Collier County Government
Community Development and Environmental Services
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
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Re: PETITION: V A-2005-AR-8693
Dear Ms. Williams:
I am in support of Eberhard Thiermann's above petition for a variance, as specified in your letter
dated January 18,2006.
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Agenda Item No. 78
March 28, 2006
Page 70 of 86
f'
Ms. Heidi Williams
Principal Planner
Collier County Government
Community Development and Environmental Services
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
r-::a 1 '0 2~"'^
UU;)
Re: PETITION: V A-2005-AR-8693
Dear Ms. Williams:
We are in support of Eberhard Thiermann's above petition for a variance, as specified in your
letter dated January 18,2006.
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Ms. Heidi Williams
Principal Planner
Collier County Government
Community Development and Environmental Services
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
Re: PETITION: V A-2005-AR-8693
Dear Ms. Williams:
Agenda Item No. 78
March 28, 2006
Page 71 of 86
F- "-;::1 1 0 "',ln~
." LlJuo
We are in support of Eberhard Thiermann's above petition for a variance, as specified in your
letter dated January 18, 2006.
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Agenda Item No. 78
March 28, 2006
Page 72 of 86
George Frost
165 Channel Drive.
NapJes, FL 34108
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Ms. Heidi Williams
Principal Planner
Collier County Government
Community Development and Environmental Services
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
February 07, 2006
Re: PETITION: V A-2005-AR-8693
Dear Ms. Williams:
I am in support of Eberhard Thiermann's above petition for a variance, as specified in your letter
dated January 18, 2006.
~h/:;~
George Frost
..
Agenda Item No. 78
March 28, 2006
Page 73 of 86
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Ms, Heidi Williams
Principal Planner
Collier County Government
Community Development and Environmental Services
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
Re: PETITION: V A-2005-AR-8693
Dear Ms, Williams:
We are in support of Eberhard Thiermann's above petition for a variance, as specified in your
letter dated January 18, 2006. ? / #
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Agenda Item No. 78
March 28, 2006
Page 74 of 86
..
Naples, FL 34108
Ms. Heidi Williams
Principal Planner
Collier County Government
Community Development and Environmental Services
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
February 07, 2006
Re: PETITION: V A-200S-AR-8693
Dear Ms. Williams:
Weare in support of Eberhard Thiennann' s above petition for a variance, as specified in your
letter dated January 18, 2006.
\
RECEIVED
FE8 1 3 2006
ZONING DEPARTMENT
ir
,.
A Agen~em I\i). lB
,If"l a h 28J20t'Q o'MQJ
(1. , I a~e 75 of 86
/ ~ 'I ctl'Aa n n Ie 112,
No LJle,:-;' ,cJ...
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Ms. Heidi Williams
Principal Planner
Collier County Government
Community Development and Environmental Services
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
F:~L. o? 200(.
Re: PETITION: V A-2005-AR-8693
Dear Ms. Williams:
We are in support of Eberhard Thiermann's above petition for a variance, as specified in your
letter dated January 18, 2006.
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RECEIVED
FEB 1 3 2006
ZONING DEPARTMENT
.
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Agenda Item No. 78
March 28, 2006
Page 76 of 86
Ms. Heidi Williams
Principal Planner
Collier County Government
Community Development and Environmental Services
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
Re: PETITION: V A-2005-AR-8693
Dear Ms. Williams:
We are in support of Eberhard Thiermann's above petition for a variance, as specified in your
letter dated January 18, 2006.
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RECEIVED
FEB 1 7 2006
ZONING DEPARTMENT
ROBERT FORBIS
10091 Gulf Shore Drive
Naples, FL 34108
Agenda Item No. 78
March 28, 2006
Page 77 of 86
RECEIVED
MAR 0 1 2006
ZONING DEPARTMENT
.;
February 27, 2006
Frank Halas, Chairman
Board of County Commissioners
Collier County, Florida
Collier County Courthouse
3301 Tamiami Trail East
P.O. Box 413044
Naples, FL 3410 1-3044
- -.--
Re: Notice of Public Hearing to consider Petition
V A-2005-AR-8693, Thiermann Variance
Dear Mr. Halas:
Please take notice that I'm herewith WITHDRAWING my three Letters of Opposition and the
presentation from my attorney from the law offices of Quarles & Brady at the CCPC Hearing on
February 16, 2006, regarding the Petition V A-2005-AR-8693, representing my properties on
Seebreeze, Bayview and GuJfshore Drive. The above opposition was based on CCPC
ERRONEOUS AND MISLEADING Public Notice in the Naples Daily News dated 01/29/06 and
the Property Owner Advisory Letter dated January 18, 2006.
Please be advised that I have no objection and SUPPORT your approving Eberhard Thiennann's
above captioned Petition for a Variance from the required 10-foot rear yard set back for a screen
enclosure of3.2 feet, covering an encroachment as it has existed since 1976.
Thank you for your attention to the above matter.
Respectfully,
~,~~
Robert Forb,s
Enclosures: Copies each of Collier County Government Letter dated 01/18/06 and
Public Notice dated 01/29106
cc - Dwight E. Brock, Clerk of Courts, County of Collier
- Heidi Williams, Principal Planner, CCPC,ColJierCounty'6tYYernllteM
- Quarles & Brady, Attorneys at Law
- Eberhard Thiermann, Variance Applicant
- 'c'".'
P'QJiLIC NonCE
.~LIC HEARING
, ,
'"
h81ring)Yi beheii by the Coi-
XPCl..I;JOA.II.. ThurIdIY.
County. Ccmmisaloners Meeti
,',' , ng
ilditlg, ColllerGovemment Cen-
s' Florida. to consider:
tlopmtnt Corporation repre-
f COa$taI engineering Consul-
n the PUD ZDni1g district to the
own . Ltty Bnfoot BeacJt
It and Master Plan to show a
iite to a residential development '
:IUD document bringing" Into
ems. The property, consisting of
i 5. 6. 7 & 8, Township 48 Souttl,
ida.
. , '
1PPear and be heard. Individual
s on any Item,: lndividuaJs sHIct.
:ation or groups are enCQtnged
JP8rik on an Item If 90 recognized
to have 'writBl' or graphic mater\-
ackets must submIt'said'l'TIIt8rial
aspe~pubIlc heering. WrItten
3f)arlment of Zoning and Land
I8IY .16; 2008, lnOlrJtr 10 tJe, .
I matemil used in pl8S8fJt8lioll .
manent part of the recard SAd
the Board of County Comrriis-
"
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IDOATIOM'
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&rai
a decision of the CCPe will need
iog thereto, and therefore may
x'd of the proceedings is made,
i~ upon whJch the appeal is
If)
J8I1UaIY ~
PUBLIC NOTICE
PUBU~ NOTICE
NOTICE OF PUBLIC HEARING .
, Notice Is hireby given that a public hearIn9 \\ill be held by U1eCo/-:", ,
, tier COUnty Pianning Comn1sslon (CePe) at 1:30 A.M., Tlnnday,. ,,'~:
Flbrllary ie, 2001. in the Board of Col.IIty CorrrnlaIonera Meeling'
,Rccm, 3rd Floor, Administration Building, Collier Government Cen-
ter, 3301 East Tamiami Tnt'. Naplet Florida, to conlkler:
Petition. V>\~AR-8893. EbImint Thllrmlnft, ~ by ,
Richard O. Yovanovich, of GoocIlett8; Coleman, & Johnson, P A.
is requesting ....tee flam"""", 1""'" .......Ir
for. DlGI and ICI'IIti tneI.... of U flit In t!\t RSF.3 mnlng ,
district. .The subject property Is Iocat8d at 117 Cbannel Drive. in "
Section 29. Towns~; 48; Range 25, CoBler County, FIotida.
. , .
All ~parties ~ invit8d to 8pp18r. ~ ~ ~. IndMdu~L
speal<ers win be limited to 5 rrdnutes en any Item. individuals seIect--
ed to speak on behalf of 11'I orgS'l1zation or groUp In enOOlJl'898d
and may be allotted 10 minutes to speak on In 11Im tho recognized
by the chairman. Pertons wishing to tJaye wrIt!en or griphic materi-
. Included In the CCPe agenda packets must submlt said meterial
a rrilnlmum of 10 daysprtor to the respective pubic hearing. Writ1tn
convnents must be ftlld with the 0epwtmInt of Zoning and land
Development Review prior to February 16, 2006, in order to be
considered at the public hearing. All materiaI8 used in presentBtion
before the CCPe wit! become a permanent pirt of the f8COfd and '
, wi! be available 'for presetltallon lD the BoIrd of CNlty Commi&-
sionel'S, If applicable. '
lIMP ,...... aItIDIttn'
--
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GIllF ClI'
llIlIIXI
My person who decides to ~ a cIecision of the ccpe wIH need
a r8OOI'd of the prooeecIIngf pertaining thereto, and therefore may .
need to ensure that a verbatim record of the proceedings is made.
which indudes all testimony and evidence upon which the appeal is
to be based.
Collier County Planning Commission
Collier County. Florida .
Mark Strain, Chairman
!-
F\yenda ftem No. 78
MarGh 28, 2006
Pa~e 78 of 86
.,
Agenda Item No. 78
March 28, 2006
COLLIER COUN1Y GOVERNMENT of86
Community Development and Environmental Services Division
Department of Zoning and Land Development Review
2800 North Horseshoe Drive. Naples, Florida 34104
January 18, 2006 .
..
Dear Property Owner:
This is to advise you that you own property located within 500 feet of the following described property and that a
public hearing will be held by the Collier County Planning Commission of Collier County, Florida, at 8:30 A.M.,
Thursday, February ]6, 2006, in the Board of COWlty Commissioners Meet~ RooI11; 3rd Floor, Administration
Building, County Government Center, 330 I East Tamiami Trail, Naples, Florida, to consider:
Petition~ V A-2005-AR-RI'i93. Eberhard Tbiermlhn, represented by Richard D. Yovanovich, of Goodlette,
Coleman, & Johnson. P.A., is requesting a variance from tile reauired to-foot rear setback for a ~I and screen
enclosure of 3.2 feet in the RSF-3 zoning district. The subject property is located at 117 Channel Drive, in Section
29, Township, 48, Range 25, GoHier"eounty,-Plorida. ---.-
You are invited to appear and be heard at the public hearing. You may also submit your comments in writing.
#
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. rNDIVIDUALS
'. SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAYBE
ALLOITED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS
\VlSHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS
MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DA YS PRIOR TO THE RESPECTIVE PUBLIC
HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPe SHALL
BE SUBMIITED TO THE COUNTY STAFF MEMBER NOTED BELOW, A MINIMUM OF SEVENDA YS PRIOR
TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL
BECOME A PERMANENT PART OF THE RECORD AND WILL BE A V AILABLE FOR PRESENTATION TO
THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE.
Any person who decides to appeal a decision of the CCPC 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.
This petition application development plans and/or master plan if applicable, and other pertinent information
related to this petition is kept on file and may be reviewed at the Development Services Center located at the
address listed above. Please contact me at 213-2993 to set up an appointment if you wish to review the file.
Sincerely,
Heidi Williams
Principal Planner
HW/splhr
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Phone (239) 403-2400
Fax (239) 643-6968 or (239) 213-2913
www.colliergov.net
Kathy & Joe Cleary
10217 Gulf Shore Drive
Naples, FL 34108
Agenda Item No. 78
March 28, 2006
R~~;~NTY~. ~'RJb~CE
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MAi~ .. 1 2006
ACTION_ ~ $- - ;:~
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FILE
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March 13, 2006
...
Frank Halas, Chairman
Board of County Commissioners
Collier County, Florida
Collier County Courthouse
3301 Tamiami Trail East
Naples, FL 34101-3044
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Re: Notice of Public Hearing to Consider Petition
V A-2005-AR-8693, Thiermann Variance
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Honorable Commissioners:
We are in SUPPORT of Eberhard Thiermann's above Petition for a Variance of3.2' from the
required 10' rear yard setback for a pool screen enclosure, as specified in the Public Notice
published in the Naples Daily News. The above pool screen enclosure was constructed in 1976,
replaced within the same footprint of the original pool screen enclosure and approved with the
Collier County Board of County Commissioners Certificate of Completion on April 25, 2002.
Sincerely,
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Enclosure: Copy of COLLIER COUNTY, FLORIDA
NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT
~ ,
Agenda Ilem No. 78 ~
March 28, 2006
Page 81 of 86
COLLIER COUNTY, FLORIDA '
~ .;' .
NOTICE OF ORDINANCE VIOLATION AND ORDERTO CORRECT
~.
TO: EBERHARD TIllERMANN (OWNER)
P. O. BOX 770844
NAPLES, FLA. 34107-0844
LOCATION OF VIOLA nON (LEGAL AND ADDRESS)
WITHIN COLLlER COUNTY ZONfNG DlST. RSF-3
SEC.29, 1WN.48, RNG.25, SUBD: CONNER'S VANDERBILT
BCH. EST, UNIT-I, BLK.-D, LOT. I 3, OF COLLIER CO.
RECORD. PROPERTY ID#27483720003
O. R. 1860, PAGE 194
A.K..A (ADDRESS) 117 CHANNEL DR NAPLES, FLA.
NOTICE
PURSUANT TO COLLIER COUNTY CODE ENFORCEMENT
BOARD (C E B) ORD #92-80 and 97-35, AS AMENDED, YOU
ARE NOTIFIED THAT A VIOLATION(S) OF TIlE FOLLOWING
COLLIER COUNTY ORD.(S) AND/OR P.U.D. REGULA 110N(S)
EXISTS AT TIlE ABOVE DESCRIBED LOCATION.
ORD. 91-102, as amended
SEC. 1.5.6 ( PERl\iHTIED USES AND STRUCTIJRES)
SEe. 1.8.7 (CASUAL, TEMPORARY, OR ILLEGAL USE)
SEC. 1.8.9 (CHANGE TO CONFORMING USE REQUIRES
FUTURE CONPORMITY wr. DIST. REGULATIONS)
SEC. 1.8.10 (NONCONFORMING STRUcnIRES)
SUB SEe'S 1.!l.10.2, U.IO.4 and 1.8.12 (DESTRUCTION OF
MAJOR STRUCTURE OR STRUCI1JRES)
SEC. 1.9.2 (VIOLATION)
ORD. 04-41, as :Il11enuc,1
SEC. 1.04.00 (AI'l'L1CAIlILITY) StIB SEC. 1.04.0 I (< iENERAI.)
Anti B
SEe. 2.03.00 (ZONIN<; DIST'S.) SUB SIT. 2.ll:\.OI
(RESIDEN'I1AL- C )
SEC. 4.112.03 (SPECIFIC STANDARDS FOR LOCATION OF
ACCESSORY STlnJCI11RE . A. tahle- 4 (4)
SEC. 9.03.00 (NONCONF()I~MITIES) SUB SEC. LJ.ll3.01
(D) ILLEGAL USE
SEC. 9.04.04 (REQUIREMENTS rOR ENCROACHMENTS - D)
DESCRIPTION OF CONI>ITlONS CONSTITUTIN<;
TIlE VIOLATION (8).
DID WITNESS, Prior cxistcnce of an original pool screcnl-'I1closure
constructed in 1976 on what was then known as a "RS-3" zoned
property at 117 Channel Dr. Naples, Fla. (REFERENCE COLLIER
CO. BUILDING PERMIT 76-1907) and related certificate of
occupancy issued on 12-13-76. Same original construction completed
so as to encroach into the then existing 15' rear yard set back
requirement by 8.92'.
Also, the current existence of a replacement pool screen enclosure
constructed within the same foot print of the above noted original
enclosure at 117 ChaIUlel Dr. Naples, Fla.. currently zoned "RSF-3",
(REFERENCE COLLIER CO. BUILDING PERMIT 200 1022294)
and related certificate of occupancy issued on 4-25-02. Same
replacement construction completed so as to encroach into the
current 10' rear yard set back requirement by 3.2' resulting in a
violation of Collier Co. rear yard set back development standards for
water front property in a RSF-3 zoning district.
INQUIRIES AND COMMENfS SHOULD BE DIRECTED TO
CODE ENFORCEMENT INVESTIGATOR: DENNIS MAZZONE
2800 No. Horseshoe Dr. Naples, FL 34104
(941) 403-2447 FAX: (941) 403-2343
Investigator's Signature j)~ m~~
VIOLATION STATUS: -X...INITL\L
RECURRING _REPEAT
ORDER TO CORRECT VIOLATION (8):
YOU ARE DIRECfED BY THIS NOTICE TO T AI)E TIIE
FOLLOWING CORRECTIVE ACTION (8) .l
MUST maintain a residential structure at 117 Olanncl Dr. Naples,
Fla. so as to comply with all Collier County codes and ordinances.
Must r~est and obtain a pre-application meeting for review of a
variance request for a rear yard encroachment at 117 Channel Dr.
Naples, Fla. by contacting Collier Co. Zoning and Land Development
Dept. Director, Susan Murray (239-403-2464) no later than 21 days
after receipt of this notice.
Must obtain Collier Co. variance approval for a 3.2' rear yard
encroachment at 117 ClJannel Dr. Naples, Fla. within 260 days after
receipt of this notice. Or, must submit a conceptual plan for
demolition, removal and rehabilitation of all stroctural
encroachments at location in question to Collier CO. Planning
Services personnel for their review nnd approval no later than 21
days after receipt of this notice.
Upon having received conceptual plan approval, must then obtain a
Collier Co. Dl--molition Permit within 36 days after receipt of this
notice lInd must obtain all required inspections through to the
issuance of a certificate of completion for the removal of all structural
encroachments and resulting debris restoring all premises so as to
comply with all provisions of Collier Co. RSF-3 zoning district
regulations within 65 days after receipt of this notice.
. I'I<:N ALTmS MAY BI<: 1M .'OSEI); Failure to correct the
violations on or hefore the dale spedlictl ahove will rc.~ult in, I) thl
liling of an atlidavit of violation with thc Collil-T County Code
Enforcement Doard, "Cn.D.", charging you with the violatiun(s) as
dc.~crihcd on this timll. You will/have receive (d) notification that 11
hearing will be hdd which you amI/or a legal representative may
allcnd. Failure to appear IIIny result in the Gourd proceeding and
making a dcll-T1ninatiml in your abS~11ce. If tbe Code Enforcement
Board finds n violatiun exists, a maximum fine of $2511.00 per dllY in
the case of a first viulation, a maximum fine of $500.00 per day for a
Tl-'Pcat violation and a maximum fine of $5000.00 (lCI' violation in the
event the "C E BU finds the violation to be of an irreparable or
irreversible nllture. the Fines may be imposed on a per day basis for
each day each violation exists. Costs of prosecution and/or repairs
may also be assessed against you for any violation.
SERVED BY :_PERSONAL SERVICE_CERT. MAIL
I ,HEREBY acknowledge I
have received, read, and understand this notice of violation.
Signature and Title of Recipient
Print ."..r
DATEDTHIS~AY OF
~N -
,2005
REF: CASE NO. 2003100927
3
RESOLUTION 06-
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY RELATING TO
PETITION NUMBER V A-2005-AR-8693, FOR A
V ARlANCE FROM THE REQUIRED lO-FOOT REAR
SETBACK FOR A SCREEN ENCLOSURE OF 3.0 FEET
ON 0.22 ACRES LOCATED IN THE CONNER'S
VANDERBILT BEACH ESTATES SUBDNISION,
UNIT I, BLOCK D, LOT 13, 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
(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 du1y 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 three (3) foot variance from the required
lO-foot rear setback for a screen enclosure as shown on the attached boundary survey, Exhibit
"A", in a Residential Single-Family (RSF-3) zoning district for the property located in the
Conner's Vanderbilt Beach Estates Subdivision, Unit 1, Block D, Lot 13, Collier County,
Florida, as recorded in Plat Book 3, Page 8 and 9, 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 County, Florida, that:
The Petition V A-2005-AR-8693 filed by Richard D. Y ovanovich of Goodlette,
Coleman & Johnson, P.A., representing Eberhard M. Thiermann, with respect to the subject
property be and the same hereby is approved for a three (3) foot variance from the required
lO-foot rear setback for a screen enclosure as shown on the attached boundary survey, Exhibit
"A", of the Residential Single-Family (RSF-3) Zoning District wherein said property is
located, subject to the following conditions:
Page I of2
Agenda Item No. 78
March 28, 2006
Page 82 of 86
Agenda Item No. 78
March 28, 2006
Page 83 of 86
1. The variance is limited to allow the existing screen enclosure that encroaches into
the required rear yard on the north side of the property, as depicted on the
applicant's bOWldary survey, Exhibit "A", to remain in place;
2. All proper after-the-fact permitting fees must be paid and permits must be
obtained, including obtaining certification that the structure meets or exceeds the
building code in effect in 2001 within 90 days of approval of the variance; and
3. No further encroachments shall be permitted.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
200S-AR-8693 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
day of
,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk
Frank Halas, Chairman
V A-2005-AR.8693/HW Isp
Page 2 of2
I SURVEY SKETCH OF ASBUILT SURVEY
SPOT ON POOL ENCLOSURE
NOT FOR FENCE CONSTRUCTION
NOT FOR CONSTRUCTION
NOT FOR DESIGN
0.78
THE LINES llH THIS $KETCH IlO NIIT ctlN$TITUTE ~2 ,2006
ClIPYRtGHT !0060 ru.. SURvtR<l@8. of 86
PAGE 1 OF 2
sa: RtvERst SIDt rtlII PAGE: 2 IF 2
-
STREET ADDRESS
11 7 CHANNEL DRIVE
NAPLES, FLORIDA
~
o 'IS 30
GRAPHIC SCALE
'rtIA TER'rtIA Y-JOO' RO'rtl
~ .
wfE
SCALE r - 30'
I
...
-
--
EDGE OF PAVOENT- __ - 0' ROW
_ \__ ~NNE'L. DRIVE' 6
CENTERL5- _ -- CH
--
LEGAL DESCRIPTION :
LOT J3, BLOCK D, CONNERS VANDERBIL T
BE:ACH ESTATES, UNIT J, ACCORDING TO
THE PLA T THEREOF AS RECORDED IN PLA T
BOOK 3, PAGES 8 AND 9 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLDRIDA
CERTIFIED TO :
EBERHARD M. THIERMANN
QUAUTY CONTROLLED:
BY:
TOll CHRlSlLAN
-- ------~
Exhibit "A"
DATE :
3-07-06
FlDOD ZONE: Ar 14.3
COMMUNITY PANEL J1f!0067- 018'JG
INDEX DA.TED : 11-17-DS
(FLOOO ZONE: "B",'C",'O", & "x" ARE NOT
IN DESIGNATED FLOOD HAZARD ZONE AREA.)
(AS TAKEN F"RDH IoftBSITE -Iofloflof.COLLIERGOV'
.NET IIofEBSITElF"EHA_NEIof/)
CERTIFICATION :
I CERTIFY THAT THIS SURVEY WAS t.lADE UNDER MY DIRECllON AND THAT IT MEETS
niE IlAiNltoftUM 'rECHNICAL STANDARDS SET FORni BY THE BOARD OF PROFESSIONAL ~~T~LIANCE IofITH F".A.C.
LAND SURVEYORS AND MAPPERS IN CHAPTER 61GI7-6. FLORIDA ADMINISTRAllVE 61G17-6.0031 (5) (E) (If" LOCATION OF"
COOE.,PUR"j!'.U NT TO SE~C ON 472.027. FLORIDA STATUTES. tASENENTS OR RIGHT-Dr-IofAY or RECDRD.
~-:z S-wJ OTHER THAN THOSE ON RECORD PLAT. IS
j 3-03-06 REQUIRED. THIS rHf'ORNATIDN NUST BE
BY: '. ~ SURVEY DATE: fURNISHED TO THE SURVEYOR AND NAPPER.
LELAND r, DySARD. PLS #3859 CUNTON 11'. FINSTAD. PLS 12453 STEPHEN llA.CDONALD. PLS '4001
NOT A CERTlFlCA TlON OF" TlTLE1 ZONING, EASEMENTS OR FREEDOM OF" ENCUMBRANCES. NOTE. IF' IIP"'/..1CAJJL.E. .DlCES SHDVN HEANIJE:R
NOT VAUD W11l10Ui" SURVEYOR S SIGNATURE AND EMBOSSED SEAL ON OR DF'F' UNItS, (M'PRf]X. LOCATION ON/.. Y>
SURVEY IS VAUD fOR 90 DAYS. PLEASE REFER TO REVERSE SIDE FOR GENERAL NOTES & ABBREVIATIONS.
NOTD PROPERTY O'rtlNER SHOULD OBTAIN WRITTEN FLOOD ZONE DET~RMINA TION FROM LOCAL PERMITTING, PLANNING AND
BUILDING DEPARTMENT PRIOR TO ANY CONSTRUCTION PLANNING AND/OR CONSTRUCTION.
6561 TAYLOR ROAD. SUITE 1
NAPLES, FLORIDA 34109
239-598-5936 FAX 598-5939
4061 BONITA BEACH RD. SUITE 207
BONITA SPRINGS. FLORIDA 34109
239-949-6911 FAX 949-1311
REVISIONS
F .L.A, SURVEYS CORP.
PROFESSIONAL LAND SURVEYORS & MAPPERS-LB 6569
~WN BY: JP PARTY CHIEF: CN
PROJECT =NO.:: II
06-1042~
Agenda Item No. 78
March 28, 2006
Page 85 of 86
RECEIVED COUNTY MANAGER OFFI~
Darren Whitener
Cynthia Hensley, MD
235 Seabreeze Avenue
Naples, FL 34108
MAR 2 1 2DJ6
ACTION
FILE
March 06, 2006
Frank Halas, Chairman
Board of County Commissioners
Collier County, Florida
Collier County Courthouse
3301 Tamiami Trail East
P.O. Box 413044
Naples, FL 34101-3044
Re: Notice of Public Hearing to Consider Petition
V A-2005-AR-8693, Thiermann Variance
Honorable Commissioners:
We are in SUPPORT of Eberhard Thiermann's above Petition for a Variance of 3.2' from the
required 10' rear yard setback for a pool screen enclosure, as specified in the Public Notice
published in the Naples Daily News. The above pool screen enclosure was constructed in 1976,
replaced within the same footprint of the original pool screen enclosure and approved with the
Collier County Board of County Commissioners Certificate of Completion on April 25, 2002.
Enclosure: Copy of COLLIER COUNTY, FLORIDA
NOTICE OF ORDINANCE VIOLA nON AND ORDER TO CORRECT
#
,
COLLIER COUN1Y. FLORIDA ·
Agenda Item No. 78 ~
March 28, 2006
Page 86 of 86
.,.
.v .. .
NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT
TO: EBERHARD lHIERMANN (OWNER)
P. O. BOX 770844
NAPLES, FLA. 34]07-0844
~.
LOCATION OF VIOLATION (LEGAL AND ADDRESS)
WITIIIN COLLIER COUNTY ZONlNG DIST. RSP-3
SEC.29, lWN.48, RNG.25, SUBD: CONNER'S VANDERBILT
BCH. EST, UNIT-I, BLK.-D, LOT-I 3, OF COLLIER CO.
RECORD. PROPERTY 10#27483720003
O.R.1860,PAGEI94
AKA. (ADDRESS) 117 CHANNEL DR. NAPLES, FLA.
NOTICE
PURSUANT TO COLLIER COUNlY CODE ENFORCEMENT
BOARD (C E B ) ORD #92-80 and 97-35, AS AMENDED, YOU
ARE NOTIFIED TIIA T A VIOLA TION(S) OF TIlE FOLLOWING
COLLIER COUNTY ORD.(S) AND/OR P.U.D. REGULA1l0N(S)
EXISTS AT TIlE ABOVE DESCRIBED LOCATION.
ORD. 91-102, as amended
SEC. 1.5.6 ( PERMIITED USES AND STRUCTlJRES)
SEC. 1.8.7 (CASUAL, TEMPORARY, OR ILLEGAL USE)
SEC. 1.8.9 (CHANGE TO CONFORJvIlNG USE REQUIRES
FUTURE CONFORMITY wr. DIST. REGULATIONS)
SEC. 1.8.10 (NONCONFORMING STRlJC11JRES)
sun SEC'S I.!UO.2, \.lUll.4 and 1.8.12 (DESmUCIlON OF
MAJOR STRtlenJRE OR STRUCnJRES)
SEe. 1.9.2 (VIOLATION)
OR!). 04-41, as :unenilcJ
SEC. 1.04.UO (AI'PLI('ABU.JTY) Still SEe. 1.04.01 (GENERAL)
Nul B
SEC. 2.03.00 (i'.ONIN(i I>IST'S.) SUB SEe. 2.03.01
(RESIL>EN'I1AL . C )
SEC. 4.ll2.03 (SPECIFIC STANDARDS FOR LOCATION OF
ACCESSORY STRUCTURE .. A, IlIhle- 4 (4)
SEe. 9.03.00 (NONCONFORMITIES) Sl1B SEC. 9.03.01
(D) ILLEGAL USE
SEC. 9.04.04 (REQUIREMENTS FOR ENCROACHMENTS.- D)
DI<;SCHWfION OF CONDITIONS CONSTITUTING
TIlE VIOLA nON (S).
DID WITNESS, Prior cxistence of 1111 original pool scrcen l..11closurc
constructed in 1976 on what was Ihc.'1I known as a "RS-3" zoned
property at 117 Channel Dr. Naples, Fla. (REFERENCE COLLIER
co. BUILDING PERMIT 76-(907) nncl related certificate of
occupancy issued on 12-13-76. Same original construclion completed
so as to encroach into the then existing 15' rear yard sel back
requirement by 8.92'.
Also, the current existence of a rep laccmcnt pool screen enclosure
constructed within the same foot prinl oflhe above noted original
enclosure at 117 Channel Dr. Naples, Fla., currently zoned "RSF-3",
(REFERENCE COLLIER CO. BUILDING PERMIT 200 1022294)
nnd related certificate of occupancy issued on 4-25-02. Same
replacement construction completed so as to encroach into the
current 10' rear yard set back requirement by 3.2' resulting in a
violation of Collier Co. rear yard set back development standards for
water front property in a RSF-3 zoning district.
INQUIRIES AND COMMENTS SHOULD BE DIRECfED TO
CODE ENFORCEMENT INVESTIGATOR: DENNIS MAZZONE
2800 No. Horseshoe Dr. Naples, FL 34104
(941) 403-2447 FAX: (941) 403-2343
Inv~tigator's Signature J>~ ntAj~
VIOLATION STATUS: ---X-INITIAL
RECURRING _REPEAT
ORDER TO CORRECT VIOLATION (8):
YOU ARE DIRECl'ED BY nus NOnCE TO T~ mE
FOLLOWING CORRECTIVE ACIlON (S) ./
MUST maintain a residential structure at 117 <l1anneI Dr. Naples,
PIa. so as to comply with all Collier County codes and ordinanc:cs.
Must request and obtain a pro-appIication meeting for review of a
variance request for a rear yard encroachment at 117 Channel Dr.
Naples, Fla. by contacting Collier Co. Zoning and Land Development
Dcpl Director, Susan Murray (239-403-2464) no later than 21 days
aftcr receipt of this notice.
Must obtain Collier Co. variance approval for a 3.2' rear yard
encroachment at 117 Channel Dr. Naples, Fla. within 260 days after
n:ceipt of this notice. Or, must submit a' conceptual plan for
demolition removal and rehabilitation of all structural
encroachm::nts at location in question to Colliet' CO. Pluming
Services personnel for their review and approval no later lban 21
days after receipt of this notice.
Upon having received conceptual plan approval, must then obtain a
Collier Co. Demolition Pennit within 36 Jays Ilfter receipt of this
nOlice and must obtain all required inspections through to the
issuance of a certificate of completion for Ihe removal of IlI1 structural
encroachments and resulting debris restoring all premises so as to
comply with all provisions of Collier Co. RSF-3 zoning disLrict
regulations within 65 days after rcecipl of this notice.
. PENALTIES MAY BI<: IMI'OSED: Failure to correct the
violations on or before the date lIflCciIied above will result ill, I) the
filing of an affic.lavit of violation with the Collier County Code
Enforcement Board, "C.E.B.", churging you with the violution(s) as
c1c.'1eribcd on this fonn. You willlhavc receive (d) nolification thut n
hearing will be held which you amI/or ft legal rc.-presentlltive lIUIy
attend. Failure to appear lIIay result in tbe Boord proceeding ond
making 11 determination in your nbsc.'Ilce. If the Code Enforcement
Board finds a violation exists, 3 maximum tine of $250.00 per day in
the case of a first violation, a mRX.immn fine of $500.00 pcr day for a
repeat violation nnd a maximum fine of $5000.00 pc..T violation in Ule
evenl Ihe "C E B" finds the violation to be of an irrcparnble or
irreversible nature. the Fines may be imposed on a per day bus is for
ClICh day each violation exists. Costs of prosecution and/or repairs
may also be assessed against you for any violation. .
SERVED BY: PERSONAL SERVICE_CERT. MAIL
I - ,HEREBY acknowledge I
have received, read, and Wlderstand this notice of violation.
Signature and Title of Recit>ient
Print
DATED TIllS 1.3 2tbA Y OF :JA--N'-
,2005
REF: CASE NO. 2003100927
:3
, -
RESOLlYfION 06 -_
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER VA-2005-AR-86l6, FOR AN AFTER-THE-FACT
VARIANCE TO REDUCE THE SIDE YARD REQUlREMENTs
FROM 37.5 FEET TO 35 FEET, FOR PROPERTY LOCATED
AT 4625 30th AVE. SE, LOCATED IN THE ESTATES (E)
DISTRICT OF COLLIER COUNTY, FLORIDA
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes,
has conferr~ on all counties in Florida the power to establish, coordinate and enforce zoning
and such business regulations as are necessary for tho protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(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 constituted Board of the
area hereby affected, has held a public hearing after due notice made, with all interested
parties having been given the opportunity to be heard by this Board in public meeting
assembled, and the Board. having considered all matters presented, and having considered the
advisability to reduce the front side yard from 37.5 feet to 35 feet, as shown on the attached
plot plan. Exhibit A. in the E Zoning district for the subject property, has found as a matter of
fact that satisfactory provision and 8I1'8Dgement have been made concerning all applicable
matters required by LDC Section 9.04.00.
NOW, THEREFORE, BE IT RESOLVED BY TIm BOARD OF ZONING
APPEALS OF COllIER COUNTY, FLORIDA that
Petition V A-2005-AR-86l6, filed by Davidson Engineering, Inc., representing Daniel
Hamilton, with respect to the subject property hereinafter described as:
Section 28, Township 49 South, Range 28 East, Unit 90, South ~ of Lot
74, Golden Gate Estates, Plat Book 5, Page 29, Collier County, Florida
Folio No. 4144690103 Address: 4625 30th Ave. SE, Naples, Florida
be and the same hereby' is approved for a 2'6" variance from the front yard requirement of
37.5 feet to 35 feet as shown on the attached plot plan, Exhibit A, in the E Zoning District
subject to the following conditions:
1. The variance granted is limited to the structure, depicted and more particularly
described on attached plot plan. Exhibit A.
2. If.the principal residential dwelling structure is destroyed for any reason, to an
extent equal to or greater than 50 percent of the actual replacement cost of the
structure at the time of its destruction, all reconstruction of the structure and
.:t+et'Y\ (. (:)
3\\~\D~
accessory structures must conform to the provisions of the Land Development
Code in effect at the time of reconstruction.
BE IT FURTHER RESOL YED that this Resolution relating to Petition Number V A-
200S-AR-8616 be recorded in the minutes of this Board.
This Resohltion adopted after motion, second and majoritY vote, this _ day of
.2006.
ATI'EST:
DWIGlIT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLJER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
Frank Halas, Chairman
V A-200S-AR-8616
2
/
BOUNDARY SURVEY
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VA-2005-AR-8616
PROJECT #2005110020
DATE: 11/14105
CAROLINA VALERA
13.0'
N
lri
'" 3 .0'
ENLARCED DETAIL
FOUNDATION EL=t6.S'
7H1S SLfi\f:'Y IS PREPARED ~
DANIEL HAMIL TON and MICHELLE HAMIL TON
FIFTH THIRD BANK .
POCCHI CONSTRUCTTON, INC.
LEfJAL OESCRIPl1ON
S 1/2 oFT1?ACT 74, GpLDEN GA TE:
ESTA res; UNIT NO. 90 recordtld In
Plat Book 5, page 29 of the Public
Records of Collier County. Florida.
I
I
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SET
This Is not a cttrllfTcattl of Titls, Zoning.
or Freedom of encumbrances.
Abstract has not befln rtlvltlwtld and
othtlr flCJSemMts and rtlstrlctions may
apply to this parct!J/. All other flasMumts
that exIst arltrequirttd to bit provfded
to the suf'Vtlyor by thtl d/Mt of his
or her agtlnt per Florida Statute
51G17-5.00J (TO) F.A.C.
GJ:f.~/
Carol Co Nelson. P.LS. 15013
JJO WIlson Boulevard South
Naples, Florida 34117-9J64
(2.19) .104-0055 Office
(239).304-0047 Foes/mils
SET ;:!i
SS9'40'SONE . 6BO.O'(P&M) ~ a:,r: t;
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I l~ iJ TRACT 74 ~ ~~
- - - !i5.:! - - 436.8' r a.
iJ~:oo ~ -------------------- ~ ~~
~ -'-Bf_ _ _ _~O'_ _ _ _ _ ~~ cn~
SIGN . ~~
3D' ROAD EASEMENT S60.0'CIA) UNIII4PRO\-Bl ROAD g
fOUND _ ~89'40'''rW -.!3th A VENUe S.E._ 680.0'(P&M)
r ----
I
June 18, 200.3
Date of Survey:
Foundation 6/15/05
ADDRESS OF PlKPERTY:
4625 30th A VE:NUE 5.c.
LEGENO/ABBRE'JlAllONS
o scr IRON PIN "'/tAP por.J
A !'NO. /MIL AND 77N 7.w
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P - fl'L4r. D - DaD
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DC - .DRAlNAGE EASEilENT
uc - unuTY CASENENT
.vt" - AIR CONDITIONER
IHw' _ WArcR ~TFR
CB - CA TCH BASIN
J/H - AlANHOl.C
PE - POOL EWlPIIENr
CONe - CONCRE~
vrs _ UTTUT1CS
roe - 1lP OF 8ANK
Scale: 1 N .= 1 00'
Project No. GGE90T74S
FB No. 047 P.~
, .
I
Agenda Item No. 8A
March 28, 2006
Page 1 of 7
EXECUTIVE SUMMARY
A request that the Collier County Board of County Commissioners (Board) adopt an
ordinance amending Ordinance No, 04-41, as amended, the Collier County Land
Development Code (LDC) to add an LDC 2005 Cycle 2 amendment for the following
purpose. Amendment of section 2.06.03 Affordable Housing Density Bonus (AHDB) Rating
System, Table A - Affordable Housing Density Bonus (Additional Available Dwelling Units
per Gross Acre), to add bonus density units as an incentive for the provision of gap
housing, as defined in the LDC. The amendment also increases bonus unit awards for
provision of affordable housing at other levels of median income provided for in Table B.
OBJECTIVE: To provide an incentive for the development of gap housing for households
whose income is equal to 81-150 percent of area median income. In addition, this amendment
includes adjustments to the table of bonus density awards for provision of affordable housing at
lower income ratios.
CONSIDERA TIONS: The intent of this amendment is to provide incentives for the
development of housing affordable at the level of household income available to workers who
provide essential public services to the community. The income level of such providers as police
officers, nurses, teachers, firefighters, emergency medical service providers and other workers
who provide for essential government and community services is defined as gap housing.
Gap housing, as provided for in the LDC, is set at the income level of 81-150 percent of area
median income. This amendment revises Table B to include residential bonus density units for
the provision of gap housing.
Additionally, this request amends Table A to increase density bonus units across the spectrum of
affordable housing income levels. This amendment was continued to allow staff time to provide
economic data and other documentation to justify the increase in bonus units requested for the
provision of affordable housing as directed by the Board.
FISCAL IMPACT: Part of the Board's consideration of this amendment will be directed at the
cost of providing affordable housing units versus the profit margin per unit required to subsidize
units at below market rates for each income level eligible for bonus density units in the AHDB
Rating System.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This amendment is consistent with the Growth Management
Plan. This ordinance has been reviewed for legal sufficiency by the County Attorney's Office
and approved.
RECOMMENDATION: Staff recommends that the Board adopt this increase in bonus density
unit awards, once data has been presented to justify the increased bonus units. If the bonus unit
increases at the affordable housing levels is justified, then the amendment will foster increased
provision of affordable housing to the citizens of Collier County.
Prepared by: Catherine Fabacher
Principal Planner, LDC
Zoning & Land Development Review
Item Number:
Item Summary:
Meeting Dete:
Agenda Ilem No, 8A
March 28. 2006
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
SA
This amendment of t~le Affordable Housing Density Bonus (AHDB) Rating System is
continued from the February 28, 2006 public hearing of lDC Amendment 2005 Cycle 2. The
Board directed that staff provide data to support the requested increase in bonus unit awards
across the levels of affordable housing income provided for In section 2.06.03 Table A
3128/20069:00:00 AM
Date
Approved By
COllstance A. Johnson Operations Analyst
Community Development & Community Development &
Environmental Seroric9s Environmental Services Admin.
3/141200611:44 AM
Approved By
Date
Marjorie M. Student-Stirling Assistant County Attomey
County Attorney County Attorney Office
3{1412006 1 :52 PM
Sandra Lea
Approved By
Board of County
Commissioners
Executive Aide to the BCC
Date
Bce Office
3/14120064:59 PM
Approved By
Cormac Giblin
Community Development &
Environmental Services
Housing Development Manager
Date
Financial Admin. & Housing
3/15120068:36 AM
Date
Approved By
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Zoning & Land Development Review
3/15/2006 4:37 PM
Date
Approved By
Joseph K Schmitt
Community Development &
Environmental Services
Community Development &
En\lironmental Services; AdminSitrator
Community Development &
Environmental ServicEls Admin.
3115120067:47 PM
Date
Approved By
OMB Coordinator
County Manager's. Office
Administrative Assistant
Office at Management &. Budget
3/16/2006 9:58 AM
Date
Approved By
Mark Isackson
County Manager'$. Office
Budget Analyst
Office of Management & Budget
3/16/20065:13 PM
Date
Approved B)'
James V. Mudd
Board of County
Commissioners.
County Manager
County Managor's Office
3/17/2006 10:58 AM
Agenda Item No. SA
March 28, 2006
Page 3 of 7
ORDINANCE NO. 06-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE
NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE LAND DEVELOPMENT REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING:
CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING,
SECTION 2.06.03 AHDB RATING SYSTEM; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN
THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SIX, EFFECTIVE DATE.
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County
Commissioners adopted Ordinance No. 91-102, the Collier County Land Development
Code (hereinafter LDC), which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June
22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance
No. 91-102, as amended, the Collier County Land Development Code, which had an
effective date of October 18, 2004; and
WHEREAS, the LDC may not be amended more than two times in each calendar
year unless additional amendment cycles are approved by the Collier County Board of
Commissioners pursuant to Section 10.02.09 A. of the LDC; and
WHEREAS, this is the second amendment cycle to the LDC for the calendar year
2005; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177
establishing local requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law,
did hold advertised public hearings on February 8, February 28, 2006 and March 28,
2006 and did take action concerning these amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this
Board to be consistent with and to implement the Collier County Growth Management
Plan as required by Subsections 163:3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
local government comprehensive planning and land development regulation act (F .S. S
163.3161 et seq.), and F.S. S 125.01 (1 )(t) and (1 )(w); and
WHEREAS; this ordinance is adopted pursuant to the constitutional and home
rule powers of Fla. Const. Art. VIII, S 1 (g); and
WHEREAS, all applicable substantive and procedural requirements of the law
Page] of 5
Words stflle); tkrsllSR are deleted. words underlined are added
Agenda Item No. SA
March 2S, 2006
Page 4 of 7
have otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Collier County, Florida, that:
SECTION ONE:
RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein
as if fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the
following findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida
Local Government Comprehensive Planning and Land Development Regulations Act
(herein after the "Act"), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec.
163.3202(1). Fla. Stat., mandates that Collier County adopt land development
regulations that are consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, Fla. Stat., provides that it is the intent of the Act that the
adoption and enforcement by Collier County of land development regulations for the
total unincorporated area shall be based on, be related to, and be a means of
implementation for, the adopted comprehensive plan.
4. Section 163.3194(1)(b), Fla. Stat., requires that all land development
regulations enacted or amended by Collier County be consistent with the adopted
comprehensive plan, or element or portion thereof, and any land regulations existing at
the time of adoption which are not consistent with the adopted comprehensive plan, or
element or portion thereof, shall be amended so as to be consistent.
5. Section 163.3202(3), Fla. Stat., states that the Act shall be construed to
encourage the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or" GMP") as its
comprehensive plan pursuant to the requirements of Sec. 163.3161 et seq., Fla. Stat.,
and Rule 9J-5 FAC.
7. Section 163.3194(1)(a), Fla. Stat., mandates that after a comprehensive
plan, or element or portion thereof, has been adopted in conformity with the Act, all
Page 2 of5
Words stmek tll.rsligH are deleted, words underlined are added
Agenda Item No. 8A
March 28, 2006
Page 5 of 7
development undertaken by, and all actions taken in regard to development orders by,
governmental agencies in regard to land covered by such comprehensive plan, or
element or portion thereof shall be consistent with such comprehensive plan or element
or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land
development regulation shall be consistent with the comprehensive plan if the land
uses, densities or intensities in the comprehensive plan and if it meets all other criteria
enumerated by the local government.
9. Section 163.3194(3)(b), Fla. Stat., requires that a development approved
or undertaken by a local government shall be consistent with the comprehensive plan if
the land uses, densities or intensities, capacity or size, timing, and other aspects of
development are compatible with, and further the objectives, policies, land uses,
densities, or intensities in the comprehensive plan and if it meets all other criteria
enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991 and may be
amended twice annually. The Land Development Code adopted in Ordinance 91-102
was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and
necessary to preserve and enhance the present advantages that exist in Collier County;
to encourage the most appropriate use of land, water and resources consistent with the
public interest; to overcome present handicaps; and to deal effectively with future
problems that may result from the use and development of land within the total
unincorporated area of Collier County and it is intended that this Land Development
Code preserve, promote, protect and improve the public health, safety, comfort, good
order, appearance, convenience and general welfare of Collier County; to facilitate the
adequate and efficient provision of transportation, water, sewerage, schools, parks,
recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to
protect human, environmental, social and economic resources; and to maintain through
orderly growth and development, the character and stability of present and future land
uses and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier
County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and
through these amendments to the Code.
Page 3 of5
Words stRis]: tllrsHgll are deleted, words underlined are added
Agenda Item No. SA
March 2S, 2006
Page 6 of 7
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
SUBSECTION 3.A AMENDMENTS TO SECTION 2.06.03 AHDB Rating System
Section 2.06.03 AHDB Rating System, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.06.03 AHDB Rating System
*
*
*
*
*
*
*
*
*
*
*
*
*
Table A. Affordable-Workforce Housing Density Bonus
(Additional Available Dwelling Units Per Gross Acre)
Percent of Development Designated as Affordable-Workforce Housing
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
150% 1 2- ~ 1. ~ 2- 2- 2- 2- n/a
MI. ..
80%
Income Level MI. 4-2- ~~ ~1. 4~ ~2- &l 7~ 8 8 8
60%
MI ~~ ~1. 4~ ~2- &Z 78 8 8 8 8
50%
MI ~1. ~2- &l 7~ 8 8 8 8 8
4~
.Owner-occupied only
.*Mav only be used in coniunction with at least 10% at or below 80%MI
Total Allowable Density = Base Density + Affordable-Workforce Housing Density Bonus
In no event shall the maximum gross density allowed exceed 16 units per acre
.
.
.
*
.
.
.
*
.
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County
or other applicable law, the more restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such
holding Section not affect the validity of the remaining portion.
Page 40f5
Words struBl; tRFBHgR are deleted, words underlined are added
Agenda Item No. 8A
March 28, 2006
Page 7 of 7
SECTION FIVE:
INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION SIX:
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 28th day of March, 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency:
Ma~orie Student-Stirling
Assistant County Attorney
Page 5 of5
Words stAle!; tRr811gR are deleted, words underlined are added
Agenda Item No. 9A
March 28, 2006
Page 1 of 34
OBJECTIVE: To appoint I member to fulfill the remainder of a vacant term and 1 member to
fulfill the remainder of a vacant term, plus a full 3 year term (partial term is less than 6 months)
to the Affordable Housing Commission.
CONSIDERA TIONS: The Affordable Housing Commission is a 9 member committee
created by Ordinance 91-65 as amended to monitor the implementation of the Affordable
Housing Task Force's recommendations, and the goals, objectives, and policies of the Housing
Elements of the County's Growth Management Plan and the City's Comprehensive Plan;
investigate the feasibility of tax increment financing for infrastructure for site development of
affordable housing for low income households; develop means or mechanisms to encourage a
voluntary program in which Realtors, and other holding deposits such as escrow accounts of
earnest money deposits or security for rentals would deposit these in a selected bank where such
bank would contribute to the Housing Trust Fund a gift calculated on the average collected
balance for the month; investigate a plan for any linkage and inc1usionary zoning
recommendations; review and determine the effect of proposed ordinances of affordable housing
and make recommendations to the Board of County Commissioners and the Naples City
Council; and investigate any other relevant areas so directed by the Board of County
Commissioners. The Board of County Commissioners will appoint 8 members, including the
alternate member, two of which must live in the Rural Area (East of Collier Boulevard), and one
ofthose must be a resident ofImmokalee. The City of Naples will appoint 2 members. The
commission shall be comprised of members from the county-at-Iarge, the City of Nap les- at-
large, the development community, affordable housing providers, financial institutions, the legal
profession and realtors. Terms are 3 years. A list of the current membership is included in the
backup.
Mr. Doug Carman resigned his position on July 14,2005 and Mr. Richard Snyder resigned his
position on October 27,2005. A press release was issued and resumes were received from the
following 6 interested citizens:
APPLICANT
CATEGORY
DIST ELECTOR ADV. COMM.
Donald Spanier Retired Low Income Housing Developer 2 Yes Pelican Bay Services Div Bd.
Arnold L. Karp Retired Low Income Property Mgmt 2 Yes None
Larry H. Fleming Realtor 4 Yes None
Laureen Mary Owens Non-profit Org I Yes None
Kenneth Kelly Contractor - Roofing/Resides East of 95] 5 Yes Code Enforcement Board
Randolph B. Cash Military/ Alternative Traffic Control 5 Yes None
COMMITTEE RECOMMENDATION:
· Donald Spanier, Affordable Housing - expiring September 16, 2006, plus an additional 3
year term to expire on September 16,2009.
,-,
· Kenneth Kelly - East of Collier Boulevard - position expiring on October 16,2007.
Agenda Item No. 9A
March 28, 2006
Page 2 of 34
FISCAL IMP ACT: 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 confirming the appointments.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: MARCH 28, 2006
Agenda Item No. 9A
Maretl 28, 2006
Page 3 of 34
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
9A
Appointment 01 members to the Affordable Housing Commission.
3/28/20069:00:00 AM
Prepared By
Sue Filson
Board of County
Commisa.ioner8
Executive Manager to the BCe
Date
Bee Office
3/15/20064:07:14 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/16/20064:05 PM
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Agenda Item No. 9A
March 28, 2006
Page 5 of 34
Affordable Housing Commission
Name WlIrt Phone Appt'd Exp. Date Term
Home Phone DateRe-appt lndExpDate lnd Term
Dr. Samuel J. Durso n5-0036 10/26/04 10/01/07 3 Years
891 Partridge Ct. 642-5750
Marco Island, FL 34145
E-Mail: sdurso@hfucollier.com
l)istr;ct: 1
Category: Habitat for Humanity
Mr. William R. Cadwallader 11/]3/0] 1 % 1/04 3 Years
1090 Egrets Walk Circle 514-4082 10/26/04 1 % 1/07 3 Years
Naples, FL 34108
E-Mail:
District: 2
Category: AttomeylBusiness Administration
Mr. Robert Guididas 649-1500 04/13/04 1 % 1/06 2+ Years
~~ 1550 13th Avenue, N. 643-6311
.-.
Naples, FL 34] 02
E-MlIi/: rguididas@cbnaples.com
District: 4
Category: Banker
Mr. W. Jeffi'ey Cecil 593-2950 10/14/97 1 % 1100 3 Years
3073 Windsong Ct. #604 04/I 3/04 10/01/06 3 Years
Naples, FL 34] 09
E-Mail:
District: 2
Category: County/Atty-Affordable Housing Dev.
Ms. Esmeralda Serrata 657-3649 OS/24/05 1 % 1/08 3 Years
603 Nassau Street, Apt. 4 657-5838
Immokalee, FL 34142
E-Mail: cchafl@aol.com
District: 5
Category: Collier County Housing Authority
----.
Fridfl)', Fl!bruar)' 10. 2006
Page 10[3
Agenda Item No. 9A
March 28, 2006
Page 6 of 34
Affordable Housing Commission
Name Work Pllone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndE>..pDaJe 2nd Term
Mr. Doug Carman 09/17/03 09116/06 3 Years
2390 Ravenna Blvd., Unit 202 .ref) 566-2510
Naples, FL 34109 If ~ \~ ~f5'
E-Mail: 1/1,-,\
Di.ftrict: 4 /-----
Calego1"i:-City'Ai'~
~ --/ /
.'---
Mr. John F. Houton 03/19/03 03/18/06 3 Years
275 Yucca Road 643-5051
Naples, FL 34102
E-Mail:
Db.trict: 4 ~
C /C')
a/egory: ity /
~
Ms. Mary Strutz 11/19/03 11118/06 3 Years .... (1-
271 Aqua Court, P.O. Box 1646 263-0697
Naples, FL 34102
E-Mail:
District: 4,/~
catego~ .. J
(I /iff
Mr. Richard Snyder ~iOP / 10/17/01 10/16104 3 Years
3131 Riveria Drive l {) - 434-7203 10120/04 10/16107 3 Years
Naples, FL 34] 03
E-Mail:
District: k--;~\
Calego'!)': CitylRetired.-'
\ '
'--..--
Ms. Christine D. Straton OS/24/05 10/01/07 2 + Years
4260 Montalvo Court 597-8849
Naples, FL 34109
E-Mail: chrisstraton@yahoo.com
District: 3
Laregory:COUNTY-ALTERNATE
Frida)'. February 10.2006
Page 2 of3
I'
Agenda Item No. 9A
March 28, 2006
Page 7 of 34
Affordable Housing Commission
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-oppt 2ndExpDate 2nd Term
This 9 member commission was created on July 23, 1991, by Ordinance No. 91-65, to monitor
the implementation of the Affordable Housing Task Force's Recommendations, and the goals,
objectives, and policies of the Housing Elements of the County's Growth Management Plan
and the City's Comprehensive Plan. Terms are 3 years.
Amended by On:Iinance No. 2005-69: the BCC will appoint 8 members, including the alternate
member, two of which must live in the Rural Area (East of Collier Boulevard), and one of those
must be a resident of Immokalee. The City of Naples will appoint 2 members. The commission
shaH be comprised of members from the counly-at-large, the City of Naptes.-at-large, the
development community, affordable housing providers, financial institutions, the legal
profession and realtors.
On 12/14/04 the BCC adopted Ordinance 2004-n to add 1 Alternate member to be appointed
by the BCC. The Alternate member shall serve in a voting capacity only when a regular
member is absent from a meeting.
On December 13, 2005, the BCC approved Ord. No. 2005$ changing the composition of the
committee, 9 members and 1 alternate. The ace will appoint 8 members, including the
alternate (2 of which must live in the Ruraf Area (East of Collier Boulevard), and one of those
must be a resident of Immoblee) and the City of Naples will appoint 2 members.
Tara A. Nonnan, City Clerk 434-4701
FL STAT none
Staff: Denny Baker, HUt Director: 403-2330
Fridil)', February 10.2006
PageJ oj)
MEMORANDUM
Agenda Item No. 9A
March 28, 2006
Page 8 of 34
RECE1VED
JAN 2 i1 2006
FROM:
January 23, 2006
Elections Office ~ ~ I
Sue Filson, Executive Manag~ ^
Board of County Commissioners
Bo~' Comm''''''''
DATE:
TO:
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.
AFFORDABLE HOUSING COMMISSION
COMMISSION DISTRICT
Donald Spanier
812 Pitch Apple Lane
Naples, FL 34108
ca
~
1
Arnold L. Karp
2326 Cheshire Lane
Naples, FL 34109
Larry H. Fleming
563 Park Shore Drive
Naples, FL 34103
Laureen Mary Owens
2308 Elizabeth Court
Naples, FL 34112
J
5
5
Kenneth Kelly
4260 16th Street, N.E.
Naples, FL 34120
Randolph B. Cash
3670 rt Ave., N.W.
Naples, FL 34120
Thank you for your help.
MEMORANDUM
Agenda Item No. 9A
March 28, 2006
Page 9 of 34
DATE: January 23, 2006
TO: Denny Baker, HUI Director
FROM: Sue Filson, Executive Manager
Board of County Commissioners
RE: Affordable Housing Commission
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 an application
for consideration. I have attached the applications received for your review as follows:
Donald Spanier
812 Pitch Apple Lane
Naples, FL 34108
Arnold L. Karp
2326 Cheshire Lane
Naples, FL 34109
Larry H. Fleming
563 Park Shore Drive
Naples, FL 34103
Laureen Mary Owens
2308 Elizabeth Court
Naples, FL 34112
Kenneth Kelly
4260 16th Street, N.R.
Naples, FL 34120
Randolph B. Cash
36701- Ave., N.W.
Naples, FL 34120
Please let me know~ in writing, the recommendation for appointment of the advisory committee
within the 4 t day time-frame, and I will prepare an executive sunnnary for the Board's consideration.
Please include in your retum memo the attendance reeords of the applicants reeommended for
reappointment.
Please catecorize the applica.D 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
March 28, 2006
Page 10 of 34
-
Donald Spanier
812 Pitch Apple Lane
Naples, Florida 34108
Telephone: 514-7917
Januaryll.2006
Ms Sue Filson, executive manager
County Commission
3301 U.S. 41
East Naples, 34112
Dear Ms. Filson:
This letter is my application for appointment to The Affordable Housing Commission. I am
a year-round resident; I live and own property in Pelican Bay, a master planned community in the
unincorporated portion of Collier County. I am a retired man and have resided and paid taxes here
for over ten years. Prior to that time I was a resident of the States of New York and Pennsylvania.
I am a graduate engineer and administrator, having received my degrees from the Massachusetts
Institute of Technology. Following completion of my formal education I worked as an engineer, as
an administrator and an executive and as a consultant to businesses and units of government An
_important segment of my career was spent in the development, construction and administration of
housing that was affordable to employees whose incomes did not permit the occupancy or
purchase of "market cost" housing. I was Senior Vice President and Development Chairman of
the Property Resources Corporation, a New York City based company engaged in that business. In
all, we developed, constructed, and administered over six thousand such residential units in fifty-
eight complexes throughout the metropolitan New York area.
I believe that I can bring a broad range of innovative ideas for producing affordable housing, as
well as seasoned and relevant experience in the shelter industry, to the work of the Commission.
Not incidentally, I have a thorough understanding of the organization and functioning of county
and municipal government as it relates to housing and of the necessary cooperation and interplay
between all of the stakeholders.
Very truly yours,
Donald Spanier
-
Board of County Commissioners
Page 1 of2
Agenda Item No. 9A
March 28, 2006
Page 11 of 34
'Ison_s
em: donald spanier [dspanier@comcast.net]
Sent: Sunday, January 15,2006 11:51 NA
To: filson_s
Subject: APPUCATION[1].doc
Attachments: oledata.mso; affordable housing .doc
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 3.1112
(239) 77-1-8097
Fax: (239) 77-l-3602
Application for Advisory Committees/Boards
~ame:_Donald Spanier
ale Add.....: _812 Pitch Apple Lane. Napl... Florida
Code:_34108
Home Phone: _51-1-
Zip
Fax No._514-3217 Business Phone:_877-3590
address: _ dspanie......~comcast.net
e-mail
Place of Emplo)'UleDt:
Retired
Board or Committee Applied for:_Affordable Housing
Commission
Categol")' (if applicable):
Eulnple: CllI1UIUlIsion DIstrict. Developer, envinmmentallst. lay person. etc.
How long have )'OU Iind in CoUier County: Years_7
_4_ Months
Are you a registered "oter in Collier County: Yes_X
No
Do )'OU currently hold public office? Yes
If so, what ~ that o01ce?
No
x
Have you ever been convicted of any offense against the Law?
If yes, explain: _minor traffic
"wlatWos
Yes_X
No
......u now 5en'e, or have yOU ever 5en'ed, OB a Collier Counn" board or committee? Yes X No
~nplease list the commltteeslboards:_Pelican Bay MSTBU; D~trict 2 Advisory Council; Pelican Ba)' Sen'ice
1/17/2006
Board of County Commissioners
Page 2 of2
Agenda Item No. 9A
March 28, 2006
Page 12 of 34
E>st your community activities (cilic clubs, neighborhood associations, etc. and positions held:
ater Condominium Association: President; Oakmont Homeowner's Association: vice president;
o . r County Democratic Club: Director; Pelican Ba~' Sen'ice Dhision: Director
Education:_B.S. Industrial Engineering and Administration: Massachusetts Institute of Technology;
Experience: _
As Senior Vice President and Chairman of the Devdopment Committee of the Propert). Resources Corporation
(New York) I overs a",' the de,-elopment, constmction. marketing and administration of over six thousand residential units in
sixt). eight complexes throughout metropolitan New York. Our "market" was the employees of private and public employers
,,'hose incomes did not permit the purchase or leasing of conventional "market cost" housing. Our "'product" was a mix of coach
homes, vDlas, free-standing homes with and without attached rental units, as wen as low and mid-rise buildings. The complexes
also contained an appropriate amount of space for retail and service businesses. Great emphasis was also placed on the selection
of sites near existing or committed public transportation facilities and undemtilized major thoroughfares.
We used a wide range of techniques to drin down the costs of our product to "'affordable levels". These included: land leasing to
extract the cost of the sites from the finished cost and selling or rental price of the housing unit; a creative mix of public and
pril'ate fmancing; direct and indirect builder incentives and subsidies, as ",-eO as buyer subsidies where appropriate; maximum
use of Foundation as weD as government grants and loans; erection and operation of a manufactured home operation to pre-
fabricate modules as well as complete dwelling units where appropriate; joint public-printe ventures to permit printe
development of ",'ork- force housing on undenrtilized land owned b~' Count)' or Cit)' gonmments, Special District,
Constitutional agencies, hospitals, educational entities, public benefit corporations. Extensive use of transferable air (and otber
.. of denlopment rights
~bove occupied about ten years of m)' career. At other times I worked as an administrator, executive and a consultant to
businesses and units of government>
n-., IIItllell IIII.J' odditiOrllU informtllion ."011 ful pD'finent. ThisllpfllicGtiorr sltmlld N f-tkd 10 S", Fi&DII. Ex<<uti>>, MtmllgD'to
th, Boord ofCOMnty Commission"... JJ01 ElIst Tamiomi TraiL Napln, FL 34112 qJ'OIIlrish. pkas,faxYOIlr lIppIication to
(2:1') 774-J602 or e.mail to s"efilson(iicoUiD'tlov. net. Thank YOM for vol"nt,mnx to s'"', th, citi:ms of ColliD' Couno'.
.
1/17/2006
.
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Agend~JtelJ1 No. 9A:. . _ ?'"'\.
March 28, 2006, ..~ U
Page 13 of 34
; ....,.,
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Application for Advisory Committees/Boards
Name: A ~ ~ <<> \.. 9 l. \0<. A ~ \?
Home Addresl: 2? ~ lD C. "" €. '!>> '.Il , ~ C!.. LA t>oJ e.
Fax No. Sl.lD -1 C\ 5' BUliDe.. Pbolle:S~" -, C\ 5'1
Home Pholle: 5 ~ '=> - 2.. '5 ~ i
Zip Code: ~ L.(, ~ 0 9-
e-maJ) addnll:'oca.\t''9CL V'CL. ~ Q.~ Ci>~ 0 w.. eo d" ft; .
\0\ to't
Businell:j"1U","~\- FA M ,,-"'i Ma"", A (8., M ~N"t" \:Cw 0..
Board or Committee AppUed for:~ ll.~ A ~\..(. \-1.0 '" ~\t-.l" Co t'\.t-\. \-OS CO \.o...r
ClItegory (if applicable): ~O \,) ~ \ "" Gr ~~O':'C.c;'" \. () ~ PI.'-
EUlDpIe: CI I '1I1DIIWld.DweIo,..._." am ~lH.III1.....-.*.
An you. reptered vofer In Collier County: Yes"""" No
Do you eurrendy bold public: ofIice? Yes No ~
Ir 10, what is that oftIee?
Do you now ieI'Ve, or have you ever lerved. ClIl a Collier Comity board 01' ~.it_? Yes
If yes, pI_ list dte CClIlllniUeellboercb:
No /
)
Please lilt your eommwalty adivitie. (dvic: clubl, ~borhood u~ etc. and poIltioDl beld:
trA;~~~ ~;~r~~:~~~~~~~~.:~-{ '-l~~\ ~~" l ,-{~ ,,\~~
Edueation: U...c\\I&R'S.\"'f""l! 611 NA'IZ.\(I",Awb -o.~.
El.penence:'lo '(~q~S OP ""o",~,~Gt 'f''''A~e.~ Ih~'9 ~~'R"\~f~~~.t\? A5~.""
~~~Ps<!rE~'~ ~ \,,01olo) ~,...~ r;;.:::"Pa~" INCOM' ~OU6.I""~ u"''9~'"
__ Aw_ --=-fL ~R..'5 ~~ot'\c.. ___t'P\_ os..
SIr ClliTfA~~O lH:"\J~e:"
S€e: A~Ple...~"D W'R.\"t'~-Vl' O~ e.O~'Vc>,r;,A"tL ~~\~"<
~...Ii "t"llA"'" $ C iI..\ ?"'f 6 ~ Co. ~ (., ...;~ So \ O~ Po ~~~""( , tJ\.(') w.~
SEs:: A-TT'AeIrlrE"'O C.".q:l"\~~ ~i"tOM. Ce~"'()1t,..""t1L "'9.SA\.. ~"\F\"T1I
VSVG.,-o?Mt""''t'' A~"t) MP.l~Acs.G.M.":~ .. L..""y.~", c..1LA~~ e,-,-
1
PfMH.... -.y"""""'."""""'" ,-./M,."...,. Bit wI' iii_ "'..J4 -}tIt---,. s.. r...... ~ M...".
,.,.s-dtt/c-tyc_ . 1...., 3J'1 &;.tr.",,;.aTHil,N.., FLUIU Q'J1t1IIwiM,,...J-,-r Wc_....:. .,.
(239)""...3662 ", __,. $'Ufibon<iVcoUierHl'..<< 7Jt_ J1t1II/fIr.......,,. _ III. __ _/CtJIIi.- c.q,.
Agenda Item No. 9A
March 28, 2006
Page 14 of 34
.
ARNOLD L. KARP
Has had a broad and varied career in residential and commercial real estate since 1959.
Background includes extensive experience as a real estate broker and real estate appraiser
for various banking institutions. Operating officer of a larger discount department store
chain with prime function in the development and leasing of shopping centers.
President of Middle Atlantic Equities Corporation, successor to The Karp-Fox Company,
organized in 1975, an FHA Approved Mortgagee specializing in mortgage and equity
(brokerage and syndication) financing.
President of Multi-Family Management, Inc. a property management firm founded in
1971 which had the responsibility for the rental management of 4,000 housing units
through the Middle Atlantic area primarily in federally assisted programs.
Individually or through wholly owned corporation acts as general partner directing the
responsibilities of asset manager for limited partnerships owning apartments totaling over
1,900 units.
.
Co-founder and President of Karp, Nestler and Company, Washington D.C. The
company was engaged in the financial structuring and development of real estate projects
for 11 years, primarily those which were federally assisted until it was merged with
Multi-Family Management. Handled the project development, asset management,
contract negotiations, and structuring of syndications and joint ventures.
Attended Seton Hall Preparatory School, South Orange, New Jersey. Graduate of the
University of Maryland with an B.A. degree in Government and Politics and attended
George Washington Law School. Additionally holds a certificate in Tax Planning in Real
Estate from American University and a certificate in Real Estate Investment Analysis
from Wharton School. Served on active and inactive duty for 10 years in the U.S.
Marine Corps Reserve attaining the rank of Captain.
Licensed real estate broker in four jurisdictions and member of the Greater Washington
Commercial Association ofRea1tors. Has written numerous articles for trade publications
and lectured at real estate seminars. Member ofNAHMAExecutive Council.
with a National Assisted Housing Professional designation and Chairman of the
Rural Housing Committee. Member ofUSDA-RHS Multifamily Housing Management
Task Force and Rural Preservation Working Group. Participant on the financial
subcommittee for HUn 2020 Management Reform Plan.
.
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Agenda Item No. 9A
March 28, 2006
Page 17 of 34
MULTI-FAMILY MANAGEMENT: INC.
RENTAL MANAGEMENT ASSET MANAGEMENT
12250 ROCKVlLLE PIKE, SUITE 200
ROCKVILLE. MARYLAND 20852
301/468-9525
FAX 301/984-8199
Multi-Family Management, Inc. is a professional management organization with
extensive staff experience in management and operations of federally insured housing
facilities for low and moderate income families, elderly and handicapped persons, and
conventional housing units. The Company was founded in 1971, presently employs 180
persons and manages 80 residential communities containing approximately 4000
apartment units in the states of Virginia. West Virginia, Pennsylvania. Maryland and
New York Most properties are financed under one or more federally assisted programs.
Weare dedicated to the principle that every family and person is entitled to a decent
home through new housing opportunities provided by the various national housing acts
enacted by Congress, with equal opportunity regardless of race, color or national origin,
and economic circumstances. To accomplish this goal every housing development must
have complete integrity without compromise of its viability for the resident, the
neighborhood, and the community within which it is erected.
We assume the prime responsibility of maintaining the day-to-day operation of the
facility, encouraging the total involvement of the resident in pride of residency and
through communication, invite input to operational policies of the facility. The
Company follows a sound management plan consisting of long-range maintenance pro-
gram, and the ability to work closely with on-site staff personnel to achieve a successful
project. We have adopted procedures and maintain a system of records and accounts
which conform with the particular federal agency requirements. The utilization of a
computer system for financial control of bookkeeping and accounting functions assures
that reporting to the owner and agency is made in an accurate and timely fashion.
Property managers and project managers are trained in the regulations and requirements
of the particular agency as well as in procedures of professional rental management.
Continual review and updating is carried out by periodic regional workshops and annual
Company seminars. We constantly stress the attainment of consistency of performance
and the ability to work closely with owners to respond to their particular needs and
goals.
The Company has fidelity bonding capacity to cover all properties for which it is engaged
for services.
EaUAL HOUSING OPPORTUNITY
.
.
Agenda Item No. 9A
March 28, 2006
Page 18 of 34
.
MULTI-FAMILY MANAGEMEN-r, INC.
RENTAL MANAGEMENT ASSET MANAGEMENT
1 2250 ROCKVILLE PIKE. SUITE 200
ROCKVJLLE, MARYLAND 20852
301 /468-9525
FAX 301 /984-81 99
POLICY STATEMENT
Multi-Family Management, Inc. is dedicated to the principles set forth in Title vm oftbe Civil Rights
Act of 1968 and the Fair Housing Amendment Act of 1988 that every family and person is entitled
to equal housing opportunity regardless of race, color, religion, sex, national origin, familial status
or handicap.
It is the responsibility of aU employees involved in the rental or servicing of apartment units to
fiuniliarize themselves with their obligations and responsibilities under Title vm, local fair housing
laws, and the Affirmative Fair Housing Marketing Regulations which govern this project.
The fiIir housing laws prohibit, disaiminatory advertising of housing, discrimination in the terms and
conditions ofhousing rental, refusal to negotiate with any person, denial of the use of or participation
in any services. refusal to rent to anyone who is qualified after a bonafide offer has been made, false
representation to tenants or applicants or to otherwise make housing unavailable to qualified persons.
The Affirmative Fair Housing Marketing policy requires that aU employees involved in the rental
activities of this project read and carry out the Affinnative Fair Housing Marketing Plan. The
implementation of this Plan involves prominent display of the approved Fair Housing poster in the
rental office including the complete Equal Housing Opportunity Logo on the project sign, newspaper
ads and brochures; advertising as an Equal Opportunity Employer, and filing rental occupancy reports
when required.
An Affinnative Fair Housing Marketing policy shall be pursued in soliciting residents, in detennining
eligibility and in concluding rental transactions. All terms, conditions, privileges, provision of services
or facilities connected with the rental of properties under the management of Multi-Family
Management, Inc. shaD be provided to all persons without regard to race, color, religion, sex, national
origin, familial status or handicap.
MULTI-FAMILY MANAGEMENT, INC.
ARNOW L. KARP. PRESIDENT
March 25, 1994
15:r EQUAL HOUSING OPPORTUNITY
" .
. . MAACH 1972
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FHA PACKAGING. PROCF:SSING
II:i3 FIFTEENTH STRF:I-:T. N. W.
WASIIINGTON. U. C. 2000;'
202/833-1 !l80
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Agenda Item No. 9A
March 28, 2006
Page 20 of 34
Tax advantages for the
apartment house investor
.
.
The success of the apartment
developer in producing projected
earnings is dependent upon a num-
ber of factors, including the de- (HUD) an opportunity to evaluate
veloper's ability to attract investors. the effectiveness of this tax in-
The availability of investors is ccntive.
dependent upon the federal income Under current law, gain on
tax treatment of such investments. scale is treated as ordinary income
The current federal income tax ("recaptured") to the CX'tcot the
law, as modified by tbe Tax Re- seller has claimed depreciation de-
form Act of 1969, goes a long ductions in excess of those that
way toward producing a product would be allowed under the straight
which has the most fa'vorable tax line method if the sale occurs in
treatment for investors seeking tax the frrst 20 months. After a 20-
shelter investments available to month holding period, the excess de-
high bracket individuL investors. predation over straight line which
Commercial and industrial property is recaptured at ordinary income
can no longer use 200% declining rates is reduced by I % per month.
balance depreciation. The attrac- After 120 months (ten years), no
tiveness of tax shelter in the fields recapture applies to a sale and gain
of equipment leasing, breeding cat- to the extent of excess deprecia-
tie and citrus groves is no longer as tion taken as taxed at capital gain
good as it was prior to the Act. rates.
Investor money looking for tax An additional incentive, and a
shelter will be attracted to invest- very important provision of the Act,
ments which offer the greatest tax is that gain on the sale of a fed-
shelter and which have been af- erally assisted housing project (236
fected the least. Sucn benefits or 221 (d) (3)) will not be reeog-
are available in multifamily hous- nized (i.e., not currently taxed) if
ing, particularly those under one of - . the seller reinvests the proceeds of
the federally subsidized programs. the sale in a second federany as-
I t is reasonable to assume that this sisted housing project within one
climate will continue as long as the year. To qualify for this "roll-over"
priorities for housing on a national tax . incentive, the first project
level are maintained. must be approved by HUD. As
The Tax Reform Act reflects the stated, no gain is recognized on the
judgment of the Administration, the sale of the first project to the ex-
Congress. and others, that tax tent the proceeds of the sale are
treatment should favor investment invested in a second project. The
in publicly assisted housing over taxpayer's basis in the second proj-
other rental housing, commercial eet is reduced by the amount of
and industrial construction. The Act gain oot recognized on the sale of
retains the 200% declining balance the frrst project.
and sum of the year's digit methods The maximum sales price per-
of accelerated depreciation for new mitted under these housing pro-
rental housing. Current recapture grams is the amount invested in
rules are retained for .limited rc- the property plus an amount nec-
turn housing projects which are essary to retire the outstanding
subject to a mortgage insured under mortgage liability and the taxes
Section 221 (d) (3) or 236 of the payable as a result of the sale. This
Housing Act constructed or ae- last provision, with regard to nOD-
quired before January 1, 1975. The recognition of gain, can be a safety
termination date is designed to give valve for the developer in the event
Congress and the Department of there is a limited private JDJUicet
Housing and Urban Development at the time a sale would ordinarily
By ARNOLD L. KARP
Karp. Nestler &: Co.
.
50
be appropriate. It is anticipated
that, because of the tremendous
need for housing, the tax laws will
continue for some time to make
provision to attract equity investors
to this type of investment.
There is built into FHA deals
factors which reduce the risk of the
equity owner, as well as guidelines
under which the developer' will
operate. The subsidized and noo-
subsidized programs operate under
substantial regulation, thus setting
up safeguards. Because of FHA's
position as an underwriter, it., in ef-
fect. becomes a "partner" looking
over the investor's shoulder in an
effort to minimize risk potential.
The principal item which mini-
mizes risk to the investor is the
fact that front monies and equity
must be put up at the time of initial
closing on the construction loan,
either in cash or irrevocable credit
instruments. This, coupled with the
fact that there is no hold-back,
virtually guarantees monies avail-
able for completion. Each con-
struction draw could carry insur-
ance of advances by FHA. The
continual checking as to the status
of completion. at each construc-
tion draw and inspection protect
both the developer aDd the equity
investor.
FHA administers a variety of
programs for low, moderate and
middle income housing. The three
basic multifamily programs under'
the National Housing Act which
are most adaptable to the de-
veloper/investor relationship are:
(1) Section 236, interest subsidy
program for low and mod-
erate income rental housing.
(2) Section 221 (d) (4), market
rate rental housing for mod-
erate and middle income
families.
(3) Section 207, rental housing
. for middle and uppermiddle
income families.
The latter two programs are non-
subsidized but are insured by FlIA.
o
1M. NAnONAL lEAL ESTATI IHVESTOI -
. .
Agenda Item No. 9A
March 28, 2006
Page 21 of 34
Karp, Nestler & Co.
FHA. PACKAGING. PROCESSING. FINANCING
II 33 FIFTEENTH STREET, N. W.
WASHINGTON, D. C. 20005
202/833.1580
Reprinted
from
~ !
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1woI.J..;"I4~~ F" d"
.~..~~ In rng your way
through FHA to low and
moderate-income apartment
profits isn't hard if you know what
you're doing. Some developers
are operating under rules of a
game that is no longer being
played, but if you understand the
potential and how to cope with
regulations, you can make it pay
~
-
.
When Nestler and Karp processed their first
FHA project six years ago, people were asking,
''Where's the profit for the developer? Why
would anyone in their right mind go FHA, sub-
ject themselves to all the red tape and delay to
end up with a 6% return on equity?"
That was before the true marlret for FHA
projects emerged. The mounting backlog of the
nation's housing needs led to government pro-
grams and favorable tax treatment which en-
courages low and middle-income development.
Investors and developers are now anxious to
enter this field, along with many non-professional
groups who want to inftuence housing patterns.
This has created a crucial need for expertise to
deal with complexities of financial programs and
changing effects of the market.
The services of the FHA "packager," private
specialists who know the intricacies of proc-uail1g
and investing in FHA programs, are in acute
demand, as the busy Washington offices of Arnold
Karp and Irwin Nestler can testify. Since forming
the firm of Karp, Nestler & Co. to advise, consult
and develop projects under FHA financing pro-
grams in 1963, the two partners have packaged
some $60 million in FHA multi-family housing.
Luring sophisticated investors
"Today," says Arnold Karp, "the field is get-
ting competitive as more builders, developers,
investors and financial institutions become aware
of the possibilities. We must carefully coordinate
front money, equity funds, design and construc-
tion. The financing package must be determined
in advance so FHA can proceed with confidence
and know that all phases will be professionally
handled."
Karp, Nestler & Co. organized MHI (Multi-
family Housing Investors) Limited Partner-
ships as a revolving fund to create multi-family
projects insured by FHA. The Partnership ad-
vances seed money required during initial stage of
development in exchange for the right to parti-
cipate in separate limited partnerships which
sponsor and own the projects.
The firm is also part of UCHC (Urban Com-
munity Housing Corporation) which the princi-
pals call the ultimate in efficiency because it is a
unified development team. Besides Karp and
Nestler, the corporation includes an architectural
firm and a general contracting organization. By
approaching community development with a pre-
established working relationship, they eliminate
separate planning, design and construction. Karp
says that this saves time and money and avoids
misunderstandings and errors.
UCHC is involved primarily in urban renewal
and turnkey development and is currently proces-
sing and producing some 2,000 units under FHA
programs.
.
.
Agenda Item No. 9A
March 28, 2006
Page 22 of 34
'l11e potential of FHA multi-family programs
for developers and other corporate enuties, Karp
emphasizes, is minimwn risk, a high degree of
leverage and the cluJnce to convert equities into
earnings. "The Tax Reform Act of 1969 did a
lot to help the developer who wants to produce
a volume of projects. It assisted him in luring the
sophisticated equity investor who looks at a
total investment package - leverage, safeguards,
realistic projections and real yields - rather than
simply purchasing a project for so many times
gross income or the rate of return. on cash flow
alone. "
Creation of a revolving fund
Karp says that leverage is the greatest advan-
tage FHA projects offer a development group
over conventional apartment projects. In effect,
a revolving fund is created which mArimi_ lever-
age and produces substantial proftts without hind-
ering the developer's ability to reinvest original
capitalization. Based on past performance, up
to 4% of the mortgage amount of a project will
be necessary to satisfy front money requirements
from land acquisition and initial closing of the
construction loan. Ordinarily, development funds
will be outstanding for 10 to 12 months, depend-
ing on lead time needed for option and prelimi-
nary planning. The reimbursable factor which al-
lows you a first draw on the construction loan to
recapture all development expenses, plus the fact
that at various stages the developer obligates him-
self only to costs based on interim approvals of
FHA, provides checkpoints from. which to launch
into the next stage.
Decisions at each stage control the amount of
outstanding obligation and investment It is ad-
vantageous to arrange financing early in the
development and plan purchase of pennanent
TODAY'S HOUSING EXPERT must be sociologist
legal whiz, financial genius and political scientist
rolled into one. Rolled into two. FHA Packagers Irwin
Nestler (left) and Arnold Karp study model of City
Park Village, 444-unit project built under FHA 236.
.
-)
~
Agenda Item No. 9A
March 28, 2006
Page 23 of 34
funds based on a standing market from FNMA.
It is then possible to determine at any point
whether to re-evaluate the economics, increase
the investment or abort the project.
With an adequatecledit standing it is possible
to reflect working capital requirement, discoWlt
and off-site costs by letter of crediL In most cases,
all you need, in the form of cash, is a letter of
credit or other_liquid assets in an amoWlt equal
to 3 to 4% of the replacement value, rather than
8 to 9%, which would be the actual equity require-
menL
Another advantage of FHA financing is that
many items, which are ordinarily variables, can
be predicted. Projections of future operations
should be made at various stages of development
to determine yields and potential profits. U liaison
is set up with a potential equity investor during
an early stage, you can establish interest in the
project and negotiate a formula for purchase
price. It is then possible to project a realistic
earnings picture and have facts available which
will dictate an acceptable builder's fee and
financing discoWlt within the framework of the
sales price.
the deal with the investor is prior to construction
when you can offer the write-off deduction of
interest, taxes and other fees during the con-
struction period. Another factor which will de-
termine price is the strength and experience of
the development group. Yields combining tax
shelter and cash flow for the investor in the 50%
tax bracket are being sold on the basis of 17 to
22%, and about 30% to the 70% investor.
Karp describes an additional incentive in the
Housing Act which can be a safety valve for the
developer: Gain on the sale of a federally assisted
housing project (236 or 221 (d) (3) will not be
recognized if the seller reinvests the proceeds of
the sale in a second federally assisted housing
project within one year. To qualify for this "roll-
over" tax incentive, the first project must be
approved by HUD.
Safeguards and guidelines
Both subsidized and nonsubsidized FHA pro-
grams operate under substantial regulation, thus
setting up safeguards which Karp says reduce risk
of the equity owner and the developer. "Because
of FHA's position as an wlCierwriter, it becomes
in effect a partner, looking over your sho:ulder
to minimize risk potential. It is to their benefit
to re-establish a viable project rather than allow
it to go into default, 80 FHA has been known
Incentives and safety valves
The FHA packagers point out that yields
created through tax shelter have generated a sub-
stantial market for projects built under federally
assisted programs, and they expect it to continue
as long as national housing priorities are main-
tained. Present guidelines for these deals have
been running about 12 to 13% of the mortgage
amoWlt for a 95% interest. Some projects have
been sold for 9 to 10% of the mortgage if the limit-
ed partner does not come in early enough to take
advantage of construction losses.
However, Karp says that the best time to make
How to put
an FHA package together
A limited partnership is generally created with the
investor or investors as limited partners who put up
an cash required for the project. The development
group becomes the general partner and the invested
cash satisfies the real equity plus profit. Take-down
of the sales price works in a number of ways:
1) One-half the money at initial closing and one-
half at final closing;
2) One-third the money at initial closing; one-third
when the project is 50% complete; and one-
third at final closing;
3) One-third at initial closing; one-third when
project is rented to the technical default point
of approximately 85-87%; and one-third at final
closing.
Typical deals are structured on this basis:
1) 95% of profits and losses is allocated to the
limited partner and 5% to the general partner. .
2) General partner manages the property and is
paid the rental management fee.
3) Cash flow is allocated 95% to the limited part-
ner and 5% to the general partner/developer.
4) Residual value is shared on a 50% basis after
the investor gets his money back, either through
cash distribution, sale or refinancing.
, .;.C
CITY LINE TOWERS is a 284.unit project recently
completed under FHA 221 (d) (3) financing. Karp and
Nestler brought in an outside investment group and
packaged the Prince George's County, Md. project
with a unified development team they have created.
Agenda Item No. 9A
March 28, 2006
Page 24 of 34
the original investor. Major advantage to the
developer is that he has a built-in purchaser and
is still able to charge a fee for services, although
somewhat less than the profit figure would be."
"These service fees, plus retention of the por-
tion of beneficial interest of the project itself
makes this deal attractive. We have used this
concept for the past two years, and it is the basic
technique adopted by the National Corporation
for Housing Partnerships."
The most advanoed and valuable tecbiUque that
Karp and Nestler have developed is to structure
a corporate revolving fund which provides front
money required dwing the development stage
to advance the project to the point where con-
struction could begin. when it can be sold to an
investment group. In some cases, this fund can
participate in projects already in the develop-
ment stage, or contribute capital to another
sponsor to provide assistance where the developer
is not able to carry the project forward.
Karp points out that it is possible to accurately
plan the profit potential because you can realis-
tically project cash requirements at various
stages. "In an industry where credit is so im-
portant and time such a vital factor, we believe
we have created the best of all possible combina-
tions. Any group with this funding capability
that produces viable projects consistent with that
capability will find itself the marketplace of the
future for tax shelter investments." 0
.fINDING YOUR WAY THROUGH FHA
to permit rent increases, grant moratoriums OIl
principal payments and offer assistance in rental
management where unforeseen circumstances
require a "work-out solution."
Volume production planning
To develop successful FHA multi-family proj-
ects, Karp and Nestler use two techniques for
structuring the revolving fund to produoe housing
on a volume basis.
The fust method is a limited partnership of
individual investors in high income brackets
looking for tax shelter on a continuing basis.
By taking some risk during the development
stage, these investors can potentially rnA.nrni7.e
their leverage in the final deal. By taking the
profit item out of the total cost of the project,
what would ordinarily be cash profit to the limited
partnership, is converted into a greater yield
"We have found success with this vehicle, but
it has its limitations," he says. "Because of the
risk factor and the passive position of the in-
vestor, many are unwilling to put up substantial
amounts in seed money, but prefer to review
. each individual project on a deal-by-deal basis.
"We have overcome this by linin" up other
investors who can assume the equity position of
.
Page 1 of2
Agenda Item No. 9A
March 28, 2006
Page 25 of 34
ilson_s
.m: advisoryboards@coIMergov.net
Sent: Monday, January 09, 2006 12:39 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~~~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
t
.
,,~I
I.."
,
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January 09, 2006
Application for Advisory Committees I Boards
Name: Larry H Fleming Home Phone: 239-434-2120
Home Address: 563 Park Shore Drive
..
City: Naples Zip Code: 34103
Fax Number: 239-659-6429 Business Phone: 239-659-6464
Email Address:NaplesReaIEst@aol.com
Place of Employment: L H Fleming & Company, Real Estate
How long have you lived in Collier County? 5-10 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Affordable Housing Commission
Category: (if applicable) No information provided.
-)
Do you currently hold public office? No
1/9/2006
Page 2 of2
Agenda Item No. 9A
March 28, 2006
Page 26 of 34
.
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
Board Member of ICAN (Island Coast AIDS Network) Vice
Chairman of the Naples Area Board Of Realtor's
Complaint Review Committee
Education:
Ohio University - 1967-70
Experience' Background:
35 plus years experience as a Real Estate Broker (Florida,
Ohio & Texas) Senior Vice President - Cayman National
Bank (Cayman Islands) Vice President - CenTrust Saving
Bank (Miani, Florida)
.
.
1/9/2006
Page lof2
Agenda Item No. 9A
March 28, 2006
Page 27 of 34
-'Ison_s
.am:
advisoryboards@colliergov .net
Sent: Tuesday, January 03,2006 1 :32 PM
To: filson_s
Subject: New On-6ne Advisory Board Application Submitted.
~~K~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
f(~t~l '1,,1
.A ,,"';
. ... .-1
.. . :.
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~... "".4' ~ r'
January 03,2006
Application for Advisory Committees I Boards
Name: Laureen Mary Owens Home Phone: 239-775-6067
Home Address: 2308 Elizabeth Ct
)
City: Naples Zip Code: 34112
Fax Number: 239-774-8221 Business Phone: 239-530-5316
Email Address:LaurieLLL@aol.com
Place of Employment: State of Florida - WIC office
How long have you lived in Collier County? More than 15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Affordable Housing
Category: (if applicable) Citizen At-Large
1
Do you currently hold public office? No
1/3/2006
Page 2 of2
Agenda Item No. 9A
March 28, 2006
Page 28 of 34
--
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
Group Leader for non-proflt organization for women - La
Leche League of Naples - 25 years Member - Naples
Alliance for Children - 15 years
Education:
University of Cincinnati - no degree Seton High School-
degree
Experience I Background:
No information provided.
.
e
1/3/2006
Page 1 of2
Agenda Item No. 9A
March 28, 2006
Page 29 of 34
ilson_s
em: advisoryboards@col6ergov.net
Sent: Tuesday. January 03, 2006 10:44 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~~~~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
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January 03, 2006
Application for Advisory Committees I Boards
Name: Kenneth Kelly Home Phone: 239-354-2021
Home Address: 4260 16th ST NE
~
City: Naples Zip Code: 34120
Fax Number: 239-354-0324 Business Phone: 239-435-0014
Emall Address:ken@kellyroofing.com
Place of Employment: Kelly Roofing
How long have you lived in Collier County? More than 15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: iAtrordable Housing Commission,
Collier County Code Enforcement
Board
-,
Category: (if applicable) No information provided.
1/3/2006
Page 2 of2
Agenda Item No. 9A
March 28, 2006
Page 30 of 34
Do you currently hold public office? No
-
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
Florida Roofing, Sheetmetal, and Air Conditioning
Contractor's Assocation, Naples Area Chamber of
Commerce, St. Pactrick's Day Parade, 4th of July Parade,
Swamp Buggy Parade
Education:
Barron Collier High School Edison Community College:
Business
Experience I Background:
As a Collier County native, I have seen our town grow. I
have been fortunate to grow with my surroundings and am
looking for an oppurtunity to give back.
.
.
1/3/2006
Page 1 of 4
Agenda Item No. 9A
March 28, 2006
Page 31 of 34
llson_s
From: advisoryboards@colliergov.net
Sent: Friday. January 20. 2006 11 :20 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
.~~I'I
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January 20,2006
Application for Advisory Committees I Boards
Name: Randolph B. Cash Home Phone: 239-262-8569
Home Address: 3670 1 st Ave NW
City: Naples Zip Code: 34120
Fax Number: No information provided. Business Phone: 239-348-3613
Emall Address:imarow@aol.com
Place of Employment: Flamingo Air Management Inc.
How long have you lived in Collier County? More than 15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? ~ '( e5 ~s 1 S;J q
Board I Committee Applied for: Affordable Housing
Category: (if applicable) No information provided.
Do you currently hold public office? No
1120/2006
Page 2 of 4
Agenda Item No. 9A
March 28,2006
Page 32 of 34
Do you now serve, or have you served on a No
Collier County board or committee?
Please list your community activities:
Vice President, University of Miami Central Florida Alumni
Association Chairman, Community Service Projects,
"Canes Care," University of Miami Alumni Association of
Southwest Florida Board Member, Winter Park High
School Foundation Member, Veterans of Foreign Wars
Education:
UNIVERSITY OF MIAMI Coral Gables, Florida Bachelor of
Arts, Politics and Public Affairs, minor in Business
Administration MILITARY EDUCATION: U.S. Army
Command and General Staff College U.S. Army
Combined Arms Staff School U.S. Army Aviation OffICer
Advance Course U.S. Army Air Traffic Control Officer
Course U.S. Army Initial Entry Rotary WIOQ Flight Training
U.S. Army Signal Officer Basic Course
Experience/Background:
EXPERIENCE: April 2004 to Present: President and CEO
of Flamingo Air Management Incorporated. F AM provides
airfield management and Air Traffic Control services for
both civilian and military airfields. April 2002 to April 2004:
Senior Manager, Future Combat Systems, Army Business
Unit, Computer Sciences Corporation. Managed a $24
million government contract to develop and deliver training
support packages for the U.S. Army Mure force design.
July 1999 to April 2002: Senior Analyst, Air and Missile
Defense Business Unit, Computer Sciences Corporation.
Provides comprehensive technical support for the National
Missile Defense TRADOC System Manager Office. Duties
include interfacing with the National Missile Defense Joint
Program Office, Ballistic Missile Defense Organization,
U.S. Space Command, Army Space Command, and Air
Force Space Command for all National Missile Defense
development/deployment issues. Attend and participate in
NMD Integrated Concept Teams and Working Groups,
providing meeting agendas, meeting summaries and
minutes to the NMD TSM. Develops, prepares, manages,
and tracks the $17 million dollar NMD User Community
operating budget. July 1998 to July 1999: Branch Chief,
Organization and Force Development, Directorate of
Combat Developments, U.S. Army Aviation Center, Fort
Rucker, Alabama. Responsible for the forecasting of
Mure aviation force structure requirements. Develops the
1/20/2006
Page 3 of 4
Agenda Item No. 9A
March 28, 2006
Page 33 of 34
organization, personnel, and equipment structure to meet
those requirements. Develops, prepares, and presents
aviation branch organizational issues to the Department of
the Army. Supervises 4 civilian employees and two
Noncommissioned Officers. June 1997 to July 1998:
Executive Officer, 12th Aviation Battalion, Davison Anny
Airfield, Fort Belvoir, Virginia. Responsible for managing
the personnel administration, infonnation management
systems, supply operations, an $8 million operations
budget, and air/ground maintenance for a aviation
battalion consisting of 32 aircraft, 40 vehicles, and 220
soldiers. Managed an Army airfield consisting of a
physical plant of 7 buitdings and aircraft hangers, 400
acres of runway and associated grounds, and FAA
certified air traffic control facility and an airfield services
branch of 25 employees. Flew as a pilot in a VH-60
helicopter supporting the Department of Defense,
Congress, and the Executive Branch in the national capital
region. September 1995 to June 1997: Congressional
Affairs Officer, U.S. Anny Space and Strategic Defense
Command, Arlington, Virginia. Duties included marketing
command programs to Congress; planning; coordinating,
and executing congressional delegation visits to command
sites both in the United States and abroad; development
of annual congressional program marketing strategies.
Received, coordinated, and prepared responses to
congressional inquires. Drafted inserts for the
congressional record. Tracked bills important to the
command as they passed through the legislative process.
Attended congressional hearings and provided summaries
to the command. Established and maintained contacts
with congressional and standing committee staff members
and assistants to keep them appraised of command
positions. Drafted statements and assisted in preparing
the Commanding General for congressional testimony.
Secretary to the General Staff, responsible for the
operations and support of the headquarters command
group. Theater Missile Defense/National Missile Defense
staff officer. Responsible for the development and
acquisition of missile early warning and passive defense
systems. August 1993 to September 1995: Chief, Aviation
Resident Training Detachment, New Orleans, Louisiana.
Commanded a 15-man detachment responsible for
identifying training deficiencies and developing training
action plans to correct those training deficiencies in
support of the National Guard. Flew tactical missions with
an assault helicopter battalion as a trainer/observer.
December 1991 to August 1993: Commander, C
Company, 7th Battalion, 158th Aviation Regiment,
Geibelstadt, Gennany. Commanded an assault helicopter
1/20/2006
Page 4 of 4
Agenda Item No. 9A
March 28, 2006
Page 34 of 34
company consisting of 133 soldiers, 49 tactical vehicles,
and 15 UH-60 helicopters. Trained and deployed the
company in support of combat operations in Somalia, and
support of the State Department in Beirut, Lebanon.
January 1990 to December 1991: Assistant Deputy Chief
of Staff for Operations (Air), 3d Infantry Division,
Wurzburg, Germany. Responsible for all tactical airspace
command and control within the division. Monitored and
assisted in aviation force modernization issues. During
Operation Provide Comfort in Northern Iraq, acted as the
J3 Air for Joint Task Force Bravo. Planned and
coordinated helicopter support from 8 countries in the
theater of operations. Flew relief missions in the
mountains of Northern Iraq. Assistant Deputy Chief of
Staff for Training, developed and executed collective
training events for a 19,000 man infantry division.
Researched, developed, and edited training manuals for
the division. January 1986 to January 1990: Airfield
Operations Officer, Lawson Army Airfield, Fort Benning,
Georgia. Managed an Army airfield consisting of the
refueling, parking, mooring, security, and billing of both
commercial and military aircraft using the airfield.
Managed a physical plant consisting of 22 buildings and
aircraft hangars, 1100 acres of runway and associated
grounds, an air traffic control facility, and a airfield
services branch of 45 employees. Rotary wing branch
chief for a flight operation consisting of 18 helicopters and
22 pilots. Responsible for scheduling aircrews,
coordinating missions, conducting training, managing unit
flying hour program, and flew as a pilot-in-command in
both UH-1H and UH-60 aircraft. Missions included:
MEDEVAC, rappel, slingloads, paradrop, helocasting,
search and rescue, and air assault missions in support of
the infantry school and ranger battalion. July 1984 to July
1985: Platoon Leader, 191 st Air Traffic Control Company,
Camp Red Cloud, Korea. Supervised the training and
operations of a tactical air traffic control platoon.
Supervised the construction of an air traffIC control facility
at a forward operating base 15 miles for the DMZ. January
1981 to August 1983: Battalion Adjutant, 2nd Battalion,
2nd Signal Brigade, Fort Gordan, Georgia. Responsible
for all personnel and finance actions for an 800 soldier
signal battalion.
1/20/2006
Agenda Item No. 9B
2006
20
OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on
February 4,2007, to the County Government Productivity Committee.
CONSIDERA TIONS: The County Government Productivity Committee has I vacancy with
the term expiring on February 4,2007. This committee is composed of 11 members, with the
vice chair of the Board of County Commissioners serving in a liaison capacity. The members
are appointed by resolution of the Board of County Commissioners for a two-year term and must
be permanent residents and electors of Collier County. Committee members are required to
possess special expertise and experience related to managing large organizations, and must be
balanced in representing the views of the community. The committee reviews the efficiency of
departments of County Government under the jurisdiction of the Board of County
Commissioners. The committee may analyze and review existing structure, organization,
staffing, management, functions, business practices, and procedures of any or all parts of county
government and make recommendations for increased efficiency and cost-effectiveness. The
committee may also assist in the implementation of those recommendations.
A list of the current membership is included in the backup.
Mr. Matthew Hudson resigned on January 27, 2006. A press release was issued and resumes
were received from the following 3 interested citizens:
APPLICANT
CATEGORY
DIST ELECTOR ADV. COMM.
Robert C. Bennett Executive Leadership; Utilities Mgmt. 3 Yes Utility Authority
James Warnken Executive Leadership; Accounting; 3 Yes None
Leadership
Noah Standridge Environmental Policy; Land Mgmt; 3 Yes None
Planning
COMMITTEE RECOMMENDATION: No Recommendation - see memorandum attached.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the requests for
appointment, appoint I member, and direct the County Attorney to prepare a resolution
confirming the appointment.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: MARCH 28, 2006
.-
Item Number.
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
9B
Agenda Item No. 98
March 28, 2006
Page 2 of 20
Appointment of member to the County Government Productivity Committee.
3/28/2006 9:00:00 AM
Sue Filson
Date
Prepared By
Board of County
Commissioners
Executlye Manager to the Bee
Bee Office
3/8120068:52:25 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissionors
Deputy County Manager
County Manager's Office
Oat.
3f16f2006 4;37 PM
Agenda Item No. 98
March 28, 2006
Page 3 of 20
MEMORANDUM
TO: Sue Filson, Executive Manager, Board of County Commissioners
FROM: Michael J. Sheffield, Productivity Committee Staff Liaison
DATE: March 16, 2006
SUBJECT: Current Vacancy on the Productivity Committee
As you are aware, the Productivity Committee currently has one vacancy as the result of the
resignation of member Matthew Hudson. At their March 15, 2006 meeting, the Productivity
Committee discussed the three applications that were received for the single vacancy.
As directed by the Board of County Commissioners on October 11, 2005, the Productivity Committee
did not select their top choice for membership; rather the Productivity Committee submits (below) all
three names to the Board of County Commissioners in an alphabetical, unranked manner.
The applicant who is chosen by the Board of County Commissioners will serve the remainder of Mr.
Hudson's term (ten months), and will be eligible for reappointment in February 2007.
Name District Place of Em 10 meot Ex rieoce
Robert C. Bennett District 3 Bennett Search & Executive leadership, Utilities,
Consultin Co., Inc. M ement
Noah Standridge District 3 WilsonMiller, IDc Environmental policy, Land
M ement, Plannin
James Warnken District 3 NCH Hea1thcare System, Executive leadership,
Inc. Accountin , Hea1thcare
Curreot Number oCMembers per Commissiou District, as oCMarch 16,2006:
District Comlllilsi_r N..ber PC Members
Number
I Fiala I
2 Halas 2
3 Henning 3
4 Covle 4
5 Coletta 0
Agenda Item No. 98
March 28, 2006
Page 4 of 20
County Government Productivity Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Lawrence M. Baytos 06/28/05 02/04/07 2 Years
252 Cheshire Way 592-1398
Naples, FL 34110
E-Mail: audubull@comcast.net
District: 2
Category: Human Resources; Mgmt Strat; Productivity; Retired
Commissioner Jim Coletta 774-8097 01110/06 01109107 1 Year
3301 E. Tamiami Trail
Naples, FL 34112
E-Mail:
District: 5
Category: Vice-Chairman
Mr. John F. Barlow, Jr. 04/12/05 02/04/07 2 Years
-~ 4351 Gulf Shore Blvd., N. #19N 649-6380
Naples, FL 34103
E-Mail: johnbarlow@lerivage.net
District: 4
Category: BS Business Administration
Mr. Robert Dictor 01110/06 02/04/08 2 Years
141 Gulfport Ct. 389-2638
Naples, FL 34145
E-Mail: rdictor@prodigy.net
District: 1
Category: General Manage~ent d
Mr. Matthew Hudson ('-R5f~~ 403-7777 04/13/04 02/04/05 1 Year
321 13th Street, S.W. ,,1- 354-2769 02/08/05 02/04/07 2 Years
Naples, FL 34117
E-Mail: mhudson@vipreahy.com
District: 5
Category: Realtor
-'-
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Wednesday, Jtl1luaTJ' 11, 2006 Page 1 of 4
Agenda Item No. 9B
March 28, 2006
Page 5 of 20
(
County Government Productivity Committee
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Janet Vasey 01/12/99
4398 Longshore Way North 598-4378 01/10/06
Naples, FL 34119
E-Mail:
District: 3
Category: Budget & Financial Anaysis; Operations Research
Mr. Glen D. Harrell 262-7100 01/10/06
3042 Driftwood Way, #4806 596-8521
Naples, FL 34108
E-Mail: glen.harreU@generalgrowth.com
District: 2
Category: General Management
(
Mr. Sydney E. Blum 594-7880 10/14/03
237 Burning Tree Drive 261-1855 02/08/05
Naples, FL 34105
E-Mail: eescool@earthlink.net
District: 4
Category: Job costing; Mgmt Styles, Efficiency Training
Dr. James Alward Van Fleet
184 Spring Lake Circle
Naples, FL 34119
E-Mail: javanfleet@msn.com
District: 3
Category: Ph.D. Economics
04/12/05
348-8162
Mr. Stephen A. Harrison 821-5180 01/27/04
4255 Gulf Shore Blvd, N. #1506 821-5180 01/10/06
Naples, FL 34103
E-Mail: s-harrison@comcast.net
District: 4
Category: EconomicslFinancelMarketing/CP A
02/04/00
02/04/08
1 Year
2 Years
02/04/08
2 Years
02/04/05
02/04/07
1.5 Years
2 Years
02/04/07
2 Years
02/04/06
02/04/08
2 Years
2 Years
Wednesd~;~-Ja;,~:;;ll: 2ooto="':::=--=-=""=~=':::::--=p:;-ror:r.~~=-~-"'':-:c,.,..:._!
Agenda Item No. 9B
March 28,2006
Page 6 of 20
'.
County Government Productivity Committee
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt lndExpDate 2nd Term
Ms. Colleen M. Kvetko 272-3483 01110/06 02/04/08
6623 Glen Arbor Way 353-0129
Naples, FL 34119
E-Mail: gogirlnaples@aoLcom
District: 3
Category: Operations ResearcblGovernment/Human Resources
2 Years
Mr. Bradley A. Boaz 403-6712 01110/06
2185 Outrigger Lane 659-7006
Naples, FL 34104
E-Mail: dxdotcom@earthlink.net
District: 4
Category: Government/Human Resources
02/04/08
2 Years
....../ .
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Wednesday, January 11, 2006 Page 3 of 4
Agenda Item No. 9B
March 28, 2006
Page 7 of 20
(~ .
County Government Productivity Committee
Name
Work Phone
Home Phone
Appt'd
DateRe-appt
Exp. Date
2ndExpDate
Term
2nd Term
This 11 member committee was created on 01120/91 by Ord. No. 91-10 (amended by Ord. No.
93-13, 96-10 & 2001-37). The committee is composed of 11 members, with the vice chair of
the BCC serving in a liaison capacity. Committee members are required to possess special
expertise and experience related to managing large organizations, and must be balanced in
representing the views of the community. The committee reviews the efficiency of departments
of County Government under the jurisdiction of the BCC. The committee may analyze and
review existing structure, organization, staffing, management, functions, business practices,
and procedures of any or all parts of county government and make recommendations for
increased efficiency and cost-effectiveness. They may also assist in the implementation of
those recommendations. Tenns are 2 years.
co
FL STAT
Staff: Mike Sheffield, Assistant to County Manager: 774-8383
c
~::',~-~~.-:-:7"-'--~::'!_-:::;-;::~=:'-_~~.~~~:=::;::"'"7r-~'::'~---"'':'--::~~:7:::7;''-:~~':7~-:"~~'_':;'~w7":':=:::'.;-.::':::~~.-~o:-:::n;;:.~-':::~~-_...-;...:. ....;J
Wednesday, January 11, 2006 Page 4 of 4
Agenda Item No. 9B
March 28, 2006
Page 8 of 20
MEMORANDUM
DATE:
February 17, 2006
FROM:
Elections Office ;j
.
Sue Filson, Executive Manager
Board of County Commission .
TO:
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.
COUNTY GOVT PRODUCTIVITY COMM
COMMISSION DISTRICT
Noah Standridge
1670 Oakes Boulevard
Naples, FL 34119
3
3
3
Robert C. Bennett
285-1 West Naomi Drive
Naples, FL 34104
James Warnken
208 Silverado Drive
Naples, FL 34119
Thank you for your help.
F- t'-' .',-. r::: I". ; ~ ~
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MEMORANDUM
Agenda Item No. 9B
March 28, 2006
Page 9 of 20
DATE:
February 17,2006
FROM:
Mike Sheffield, Assistant to th~ety Manager
Sue Filson, Executive Manager '
Board of County Commissioner ·
TO:
RE:
County Government Productivity Committee
As you know, we currently have a vacancy on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an application
for consideration. I have attached the applications received for your review as follows:
Robert C. Bennett
285-1 West Naomi Drive
Naples, FL 34104
James Warnken
208 Silverado Drive
Naples, FL 34119
Noah Standridge
1670 Oakes Boulevard
Naples, FL 34119
Please let me know, in writing, the reconunendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration.
Please include in your return memo the attendance records of the applicants recommended for
reappointment.
Please categorize the appHcants 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
Page 1 of2
Agenda Item No. 98
March 28, 2006
Page 10 of 20
-'''Ilson_s
.am:
advisoryboards@colfiergov .net
Sent: Wednesday, February 01, 2006 11 :18 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamlami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
.Lt~I\.,.
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February 01, 2006
Application for Advisory Committees I Boards
Name: ROBERT C. BENNETT Home Phone: 239-352-0219
Home Address: 285-1 \/VEST NAOMI DRIVE
.)
City: NAPLES, FL Zip Code: 34104
Fax Number: 239-353-7719 Business Phone: 239-290-2331
Email Address:robertbennett3@comcast.net
Place of Employment: BENNETT SEARCH & CONSULTING
COMPANY, INC.
How long have you lived in Collier County? More than 15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: PRODUCTIVITY COMMITTEE
Category: (if applicable) CITIZEN
~
Do you currently hold public office? No
2/1/2006
Page 2 of2
Agenda Item No. 98
March 28, 2006
Page 11 of 20
.
Do you now serve, or have you served on a Yes
Collier County board or committee?
If yes, please list the boards I committees:
CURRENTLY WATER AND WASTE WATER
AUTHORITY, VICE CHAIR AND FORMER CHAIR PAST-
BLACKAFFAIRS ADVISORY COMMITTEE VICE CHAIR
Please list your community activities:
BOARD OF DIRECTORS GREATER NAPLES
CHAMBER OF COMMERCE BOARD DOV\IN TOVVN
KIWANIS CLUB BOARD COLLIER ATHLETIC CLUB
LEADERSHIP BOARDS-CHAMBER PAST BOARDS-
CANCER, JUVENILE DIABETES, NAPLES BATH &
TENNIS CLUB, FLORIDA TENNIS ASSOCIATION,
YMCANICE PRESIDENT SUNSET ROTARY, PAUL
HARRIS FELLOW
e
Education:
YALE UNIVERSITY AMERICAN MANAGEMENT
ASSOCIATION MANAGEMENT COURSE, INDUSTRIAL
COLLEGE OF THE ARMED FORCES
Experience I Background:
EXECUTIVE VP AND DIRECTOR NATIONAL ELECTRIC
PRODUCTS CORP, PRESIDENT, CEO, WHEATLAND
ELECTRIC PRODUCTS CORP. PRESIDENT WIRE &
CABLE ASSOCIATION OF THE UNITED STATES,
SENIOR VP BELL INTERCONTINENTAL
CORPORATION AND VVHEELABRATOR FRYE. AND
SUBSIDIARIES, PRESIDENT-CEO BENNETT-HILL &
ASOCIATES, INC. AND CEO BENNETT SEARCH &
CONSULTING COMPANY, INC.
.
2/1/2006
Page 1 of2
Agenda Item No. 9B
March 28, 2006
Page 12 of 20
~Ison_s
*m:
advisoryboards@colliergov.net
Sent: Tuesday, January 31, 2006 2:21 PM
To: filson_s
Subject: New On-lne Advisory Board Application Submitted.
~~"~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
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: ' ...~
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January 31, 2006
Application for Advisory Committees J Boards
Name: James Warnken Home Phone: 239-353-1035
Home Address: 208 Silverado Drive
~
City: Naples Zip Code: 34119
Fax Number: 239-436-5914 Business Phone: 239-436-5100
Email Address: jim.warnken@nchmd.org
Place of Employment: NCH Healthcare System, Inc.
How long have you lived in Collier County? 10-15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yas
Board I Committee Applied for: County Government Productivity
Committee
Category: (if applicable) No information provided.
~
Do you currently hold public office? No
1/3 1/2006
Page 2 of2
Agenda Item No. 9B
March 28, 2006
Page 13 of 20
e
Do you now serve, or have you served on a
Collier County board or committee?
If yes, please list the boards I committees:
Collier County Fiscal Task Force
Yes
Please list your community activities:
Leadership Collier leadership Lee Collier County EDC-
Executive CommitteeNice President
Education:
B. S. in Business, Major in Accounting Lehigh University
Bethlehem, Pa.
.
Experience I Background:
CPA; 1978-1981- Deloitte, Haskins, and Sells CPA's
Phila, Pa. 1981-1984- Coopers and Lybrand CPA's
Orlando, FI. Healthcare Administration; 1984-1987- Asst
Controller- Naples Community Hospital, Inc. Naples, FI.
1987-1992- Chief Financial Officer- Brandywine Hosptal
and Trauma Center Coatesville, Pa. 1992-1995- Vice
President, Finance- Naples Community Hospital, Inc.
Naples, FI. 1995-2000- Chief Executive Officer- OSI
laboratories, Ft. Myers, FI. 2000-present- Chief Financial
Officer- NCH Healthcare System, Inc. Naples, FI.
e
1/3 1/2006
..
Agenda Item No. 98
March 28, 2006
Page 14 of 20
Ms.Sue Filson
Collier County
~~
~12-M;rJ
..-:1. o...O\e.
1- J
January 27,2006
Re. Productivity Committee
Dear Sue
I am writing this letter to you for you to share with the members of the productivity
committee, I have experienced two deaths in my family in the last 8 weeks that have
caused me to miss two meetings in a row on top of one that I was unable to attend. I
understand the need for active participation in any group and certainly had every
intention of attending the meetings. I certainly apologize to the group for any disruption
of their efforts and expected outcomes. in their desired work products. I know you and the
group are aware that I am an elected official and since it is against county ordinance for
me to sit.on an advisory board while I am a candidate for office or re~lecti.on I feel that I
must offer my resignation. This is an election year and I am up for re-election and plan on
filing my paperwork with the Supervisor of Elections next week.
I have had. tlie pleasure of serving on a number of advisory boards for Collier County and
have considered each opportunity very rewarding. I certainly have enjoyed the
opportunity to serve and will seek a new appointment to an advisory board once I am re-
elected in the fall. I wish.the memb~ of the committee good luck and good. fortune.
~
Matt Hudson
Golden Gate Fire'Commissioner
mhudson@ggfire.com
lO'd
lS:SL 900l Ll uer
BLLL801l68l:xe.:l
Page 1 of2
Agenda Item No. 9B
March 28, 2006
Page 15 of 20
filson_s
From: advisoryboardS@colliergov.net
Sent: Friday, February 17. 2006 12:32 PM
To: filson_s
Subject: New On-line Advisory Board Application Subrritted.
~~K~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
f(Lt~: '\..'
",
:....... ~ .:J
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February 17, 2006
Application for Advisory Committees I Boards
Name: Noah Standridge Home Phone: 239-777-7145
Home Address: 1670 Oakes Blvd
City: Naples Zip Code: 34119
Fax Number: No information provided. Business Phone: 239-649-4040
Email Address:noahstandridge@wilsonmiller.com
Place of Employment: WilsonMiller, Inc., 3200 Bailey Lane, Suite 200,
Naples, FI 34105
How long have you lived in Collier County? More than 15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: County Government Productivity
Committee
Category: (if applicable) Environmental Manager
2/17/2006
Page 2 of2
Agenda Item No. 98
March 28, 2006
Page 16 of 20
Do you currently hold public office? No
Do you now serve, or have you served on a No
Collier County board or committee?
Please list your community activities:
Oakes Estates Advisory January 2006 Director Florida
Association of Environmental Professionals January 2006
Associate Member Naples Ultimate Frisbee August 2005
Member
Education:
University of Florida M.S. Environmental Management and
Policy August 2003 B.A. Elementary Education December
1998
Experience I Background:
Wilson Miller, Inc. December 2005 Project Ecologist
Naples, FL Florida Department of Environmental
Protection December 2004- Aquatic Preserve Manger
April 2005 Jacksonville, FL Florida Department of
Environmental Protection December 2003- Environmental
Specialist III December 2004 Ft. Myers, FL University of
Florida January 2000 School of Forest Resources May
2003 Research Assistant! Project Manager Gainesville, FL
My professional experience and interest centers around
environmental policy and management activities on public
lands, defining goals and measurable outcomes.
However, my desire is to see efficient and effective
strategies be practically employed in all facets of
government organization that influences the quality of
citizens' lives. The majority of projects I have contributed
have been public have been in the public sector including:
groundwater protection, land acquisition, water quality
monitoring, strategic planning on public land management,
National Scenic Byways, recreation management, and
field biology. Throughout my career as a student and
professional, I have been actively involved in community
activities including: leading an outdoor program at
University of Florida, representing graduate student
housing, neighborhood association, and presenting
research at state and national forums.
2/17/2006
Agenda Item No. 98
March 28, 2006
Page 17 of 20
J 670 Oakes Blvd
Naples, FL 34119
NOAH MICHAEL STANDRIDGE
NoahStandridfeic!1 WilsollMiller. com
239.777.7145
PROFFSSIONAL EXPERIENCE
WILSONMILLER, INC.
ENVIRONMENTAL AND W A 1ER RESOURCES
NAPLES, FLORIDA
2005-2006
Responsible for identifying land entitlement needs for the Town of Ave Maria and
several other projects throughout Collier County. Advised clients on how to proceed with
permit application to local, state, and federal governments, and suggested designs
modifications to decrease environmental impacts and increase effective negotiations with
government entities. Gained a fundamental knowledge of the private sector that included
an understanding of the land development and entitlement process and the need for
effective communication between private and government entities.
AQUATIC PRESERVE MANAGER 2004-2005
NE FL AQUATIC PRESERVES
FLORIDA DEPARlMENT OF ENVIRONMENTAL PROTECTION
COASTAL AND AQUA TIC MANAGED AREAs
JACKSO~,FLORIDA
Responsible for the daily operations and policy decisions at the 66,000 acre
preserve. Direct supervision of bio logist and staff assistant in assigning duties and
tracking their performance. Tracked budget items and implemented decisions based on
projected needs and resources. Coordinated research, monitoring, and planning activities
with Florida State Parks, National Park Service, local. regional and national management
agencies and governing authorities. Applied policy based on state and federal legislation
for development activities throughout NE FL Aquatic Preserves and two regional
preserves. Developed strategic planning materials for a 10 year management plan of
preserve, and served on technical advisory boards for state aquatic preserve program.
ENVIRONMENTAL SPECIALIST ill 2003- 2004
GROUND W A"fER REGULA TORY SECTION
SOURCE W A"fER AsSESSMENT AND PROTECTION PROGRAM
FLORIDA DEPARlMENT OF ENVIRONMENTAL PROTECTION
Sourn DISlRICT, FT. MYERS, FLORIDA
Responsible for identifying potential sources of groundwater contamination using a
global positioning system and a custom internet and field based geographic information
system (GIS) for risk analysis to public drink water well fields. Coordinated site visits for
over 9,000 facilities in seven South Florida counties. Position ~Io self-directed,
requiring the ability to organize data collection priorities and determine the most efficient
method to accomplish program goals. Developed guidance procedures and training
manuals for data collection and worked with a management team to refine program goals.
Presented materials and methods used at national forums to promote Florida SWAP
. _-GS-
CMCl
Agenda Item No. 9B
March 28, 2006
Page 18 of 20
program.
PROJECI" MANAGE...! RF.8EA.R.CB AssIsTANT 2000 - 2003
BIG BEND SCENIC BYWAY CoRRIDOR ADVOCACY GROUP Sruny
SWOY OF EcONOMIC IMPACTS ASSOCJAlED WIlH TOURISM
SCHOOL OF FOREST RESOURCES AND CONSERV AnON
UNIVERSllY OF FLoRIDA
Directed and managed two year project identifying strategies for environmental and
community planning in five rural communities. Developed data gathering techniques and
instruments, sampling framework., and analyzed data. Responsible for working with the
Florida Department of Transportation, United States Forest Service, and local
government authorities to develop study framework.
Published comprehensive document of two-year study, including IMnagement and
policy implications and future research options in reJation to current guidelines.
Led and assisted research projects focusing on recreation and environmental impacts
in inter-coastal and inland conservation areas. Collaborated with resource professionals,
facuhy, and university staff on research and policy designs. Edited, reviewed, and
presented professional and academic publications and reports.
EDUCATION
UNIVERSIlY OF FLoRIDA 2003
MASTER OF SCIENCE
FOREST REsOURCES AND CONSERVATION
THESIS TOPIC: ENVIRONMENTAL DECISION-MAKING IN RURAL COMMUNITIES
GPA: 3.8
UNIVERSIlY OF FLoRIDA 1998
B.A. ELEMENTARY EDUCATION
PuBUCATIONS AND PRESENTATIONS
STANDRIOOE, N, AND SlElN. T. 2003. BIG BEND SCENIC BYWAY: CORRlDORADVOCACY
GROUP STUDY. SUBMITIED TO FLORIDA DEPARlMENT OF TRANSPORTA nON.
B~ M. AND STANDR.llXiE, N. 2002 ROPES ASA MECHANISM FOR CANOPY ACCESS. IN
MITCHELL, A W., SECOY, K. AND JACKSON, T. (EDS) THE GLOBAL CANOPY HANDBOOK:
TECHNIQUES OF ACCESS AND S1VDY IN THE FOREST ROOF. GWBAL CANOPY PROGRAM,
OXFORD.
USING THE POWER OF GIS ToLOCATEPOTEN11AL SOURCES OF GROUNDWATER 2004
CONTAMINATION
GROUND W A 1ER PR.OlECTION COUNCn... ANNuAL FORUM
CHARLESTON,SC
. vor...
C>>Q
Agenda Item No. 9B
March 28, 2006
Page 19 of 20
ExAMINING THE NORMATIVE ASPEC1S OF PUBliC PARTICIPATION
IN COMMUNITY PLANNING AND ENVIRONMENTAL DECISION MAKING
GRADUAlE SlUDENT PROFESSIONAL FORUM
UNIVERSIlY OF FLoRIDA
2003
WEIGHING THE PRINCIPLES OF PUBliC PARTICIPATION:
SoclO-DEMOGRAPHICS AND iNTEREsT GROUP AFFILIATION
INlERNA nONAL SYMPOSIUM ON SOCIE1Y AND NA 1URAL RESOURCES
BLOOMING1ON, IN
2002
ROOKERY BAY VISITOR AND REsIDENT STUDY
SOUTIffiAST REcREA nONAL RESEARCH CONFERENCE
ASHEVILLE, NC
2002
GRADUA 1E AND PROFESSIONAL SlUDENT FORUM
FACILITA10R
UNIVERSTIY OF FLoRIDA
2002
TEACHING ExPERIENCE
GRADUA"ffi TEACHING AsSISTANT 2001
EC010URlSM AND SUSTAINABn.IlY
UNIVERSIlY OF FLoRIDA
Assisted in teaching, planning, and classroom discussion in upper-level
undergraduate COW'Se. Responsible for comse web page, student mentoring, curriculum
design, and project grading.
CERTIFICATIONS
INlRODUCTION 10 ARcGIS 9, ESRI
TALLAHASSEE
2005
TRIMBLE GPS MAPPING FOR GIS, CERTIFICATION FOR PlANNERs
UNlVER.SIlY OF FLoRIDA
2002
SOFIW ARE
PROFICIENT IN TIlE USE OF MICROSOFT OFFICE, ARcGIS 9, STATISTICAL PACKAGE FOR
SOCIAL SCIENCES, CUS10M GIS APPUCA nONS
- \IeI:.05-
.-a
Agenda Item No. 9B
March 28, 2006
Page 20 of 20
LEADERSHIP AND VOLUNTEER. ExPERIENCE
UNIVERSl1Y OF FLoRIDA 2001- 2003
PRESIDENT - GATOR OUlDOOR CLUB
S11JDENT-LED CLIMBING, BACKPACKING, AND CAVING CLUB
Developed outdoor leadership program designed to give students, :filculty and
staff opportunities for beginning to advanced levels of caving, climbing, and
backpacking. Responsible for annual budget and re-allocation as well as the management
and supervision of 15 trip coordinators, 4 executive officers, and 60 members. Served as
representative to student government, and the department of recreation. Gave interviews
and wrote articles for local media exposure.
Mayor of Graduate Housing 2000
DIAMOND VILLAGE
UNIVERSIlY OF FLoRIDA
Served as representative of 300 fimrllies and graduate students to the Family and
Graduate Housing Council. Coordinated community meetings designed to collect and
address resident concerns. Influenced policy and management designs at monthly council
meetings.
REFERENCES
Linda Clemens
SWAPP Project Manager
Groundwater Regulatory Section
Florida Department of Environmental Protection
2600 Blair Stone Rd.
Tallahassee, FI 32399-2400
(850) 245-8647
Linda. Clemens1cl:dep . state . fl. us
Dr. Janaki Alavalapati
365 Newins-Ziegler Hall
P.O. Box 110410
University of Florida
Gainesville, FI 32611-0410
(352) 846-0899
ianakiiaiufl. edu
Chery I Walters
Project Coordinator
Waste Section
Florida Department of Environmental Protection
2600 Blair Stone Rd
Tallahassee, FI 32399-2400
(850) 245-8879
Cher,,\. Waltersra;dep. state. fl. us
- 1Ior..e-
CMC3
Agenda Item No. 9C
March 28, 2006
Page 1 of 2
EXECUTIVE SUMMARY
Discussion by the Board of County Commissioners to direct County Attorney staff to draft
a resolution to allow a Commissioner to request investigation of County business by the
Clerk of Courts. (Commissioner Henning)
OBJECTIVE: For the Board to discuss the possible directing of the County Attorney's staff to
prepare a resolution which would allow the Clerk of Courts to investigate any County business if
requested by a County Commissioner. Upon close of the Clerk's investigation, he shall report
his findings to the Board.
CONSIDERATIONS: This initiative is to restore the working relationship between the Clerk
of Courts and the Board, to gain the trust and support of the public, and to show that the Board
is, in good faith, reaching out to the Clerk to resolve any perceived differences by the agencies.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMP ACT: None.
LEGAL CONSIDERATIONS: Legal staff will draft proposed resolution.
RECOMMENDATION: That the Board discusses this item and come to agreement In
proposing to mend the working relationship between the Board and the Clerk.
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 9C
March 28, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
9C
Discussion by the Board of County Commissioners to direct County Attorney stal1 10 draft a
resolution to allow a Commissioner to request investigation of County business by the Clerk
of Courts_ (Commissioner Henning)
3/2B/2006 900:00 AM
Date
Prepared By
Sam Tucker
Board of County
Commissioners
Executive Aide to the BCe
Bee Office
3/20/200612:53:49 PM
Date
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
BCC Office
3/20/2006 1 :03 PM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissioners.
County Manager's Office
3/20/20053:16 PM
Agenda Item No. 10A
March 28. 2006
Page 1 of 12
EXECUTIVE SUMMARY
To review the written and oral reports of the Advisory Boards and Committees
scheduled for review in 2006 in accordance with Ordinance No. 20ot-55
OBJECTIVE: To determine if existing advisory boards and committees continue to address the
issues they were created for, continue to warrant the time and funding required to retain them, and
whether any adjustments are necessary.
CONSIDERATIONS: Ordinance No. 2001-55 was created to provide a regular mechanism for the
Board of County Commissioners to review all existing advisory boards every fourth year. There is a
rotating schedule provided for within the ordinance that dictates which boards are to be reviewed in
any given year.
Each advisory board scheduled for review in 2006 previously provided the County Manager with a
written report that answers specific questions prescribed in the ordinance. Staff comments are also
included in each report. Additionally the ordinance calls for each advisory board to make an oral
presentation to the County Commission during March of the year in which they are to be reviewed.
In 2006, nine (9) advisory boards are scheduled for review, of which the first five (5) were presented
at the March 14, 2006 Board meeting, with the remaining four (4) to be presented at the March 28,
2006 Board meeting. The four (4) advisory committees scheduled for review on March 28th are listed
below in the order of presentation:
,-
Historical and Archaeological Preservation Board
Lake Trafford Restoration Task Force
Land Acquisition Advisory Committee (Conservation Collier)
Public Vehicle Advisory Committee
FISCAL IMPACT: In most cases the boards scheduled for review require only the staff time needed
to attend, prepare back up information, minutes and any additional information required by committee
members. At a minimum, an advisory board will normally cost $2,000 annually. However, for staff
intensive boards with significant back up requirements such as the Planning Commission, the cost to
the County may be as much as $50,000 to $65,000 annually in staff time, copying charges, minutes
and other expenses.
GROWTH MANAGEMENT IMP ACT: There is no direct Growth Management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners review the written reports and
oral presentations of the boards and committees scheduled for review in 2006, and if applicable, direct
any revisions necessary to have the committees function as efficiently and effectively as possible. .
ATTACHMENTS:
Four (4) Advisory Board/Committee 4-year review written reports
PREPARED BY:
Winona Stone, Assistant to the County Manager
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item NO.1 OA
Marctl 28, 2006
Page 2 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
lOA
This ltem to be heard at 11 :00 El_m. To review the written and oral reports of the following
Advisory Boards and Committees scheduled for review in 2006 in accordance with Ordinance
No. 2001-55: Historical and Archaeological Preservation Board, Lake Trafford Restoration
Task Force, LEmd Acquisition Advisory Committee and Public Vehicle Advisory Committee.
(Michael Sheffield, Assistant to the County Manager)
3/28120069:00:00 AM
Datil'
Appro,,'ed By
Leo E, Ochs. Jr.
Board of County
Commissioners
Deputy County Manager
County Manager', Office
312/20065:11 PM
Agenda Item No. 10A
March 28, 2006
Page 3 of 12
ADVISORY COMMITTEEIBOARD
FOUR-YEAR REVIEW
BY THE BOARD OF COUNTY COMMISSIONERS
FOR FISCAL YEAR 2006
A. ADVISORY COMMITTEE: Collier County Historical & Archaeological
Preservation Board
CHAIRMAN:
I John W. Thompson
lB.
Ie.
I D.
STAFF LIAISON: I Raymond V. Bellows, Zoning Manager
STAFF AGENCY: I Department of Zoning & Land Development Review
E.
AUTHORITY:
IF.
I G:
I H.
I.
SUMMARY:
Archaeological Preservation Board that has been incorporated into the Collier County
Land Development Code (LDC). The preservation Board is vested with the power,
authority, and jurisdiction to designate, regulate, and administer historical and
archaeological resources in Collier County, as set forth in Section 5.14 of the LDC,
under the direct jurisdiction and control of the Board of County Commissioners.
It is the intent of the Preservation Board to increase public awareness of the importance
and significance of Collier County's historical and archaeological heritage by
protecting, preserving and perpetuating Collier County's historic and archaeological
artifacts, sites, districts, structures, buildings, and properties.
The Committee is composed of 7 members that are appointed by resolution of the Board
of County Commissioners. These appointments are on the basis of a potential member's
involvement in community issues, integrity, experience, and interest in the field of
historical and archaeological preservation. Each member of the Preservation Board must
also be a resident of Collier County, Florida.
Each member of the Historic Preservation Board represents one of the following
categories: 1. History; 2. Archaeology; 3. Real Estate, Land Development, or Finance; 4.
Architecture, Engineering, Building Construction, and/or Landscape Architecture; 5.
Law or Urban Plannin . The two remainin ositions are filled b citizens-at-lar e.
Page 1 00
Agenda Item No. 10A
March 28,2006
Page 4 of 12
The Preservation Board meetings are usually held on the third Wednesday of the month
at 8:45 AM. at the Collier County Community Development & Environmental Services
Division, Conference Room 609, 2800 N. Horseshoe Drive.
The current membership is composed of Chairman John W. Thompson, Vice-Chair
Elizabeth Perdichizzi, Bill Tyson, Ardavan Moaveni, Patricia Huff, Thomas Franchino,
and William Dempsey.
1. Whether the Committee/Board is serving the purpose for which it was
created.
Yes. The Historical & Archaeological Preservation Board continues to serve the purpose
for which it was created by providing their special knowledge and expertise upon
reasonable request and authorization of the BCC to any official, department, board,
commission or agency of the county, state or federal government. The Preservation Board
is also vested with the power, authority, and jurisdiction to increase public awareness of
the importance and significance of Collier County's historical and archaeological heritage
by protecting, preserving and perpetuating Collier County's historic and archaeological
artifacts, sites, districts, structures, buildin , and ro erties.
2. Whether the Board is ade uatel servin current communi needs.
Yes. The Preservation Board serves as the local preservation commission vested with the
power, authority, and jurisdiction to designate, regulate, and administer historical and
archaeological resources in Collier County. The Preservation Board also provides a
service to the community by volunteering their professional expertise to the BCC and to
other various count , state, or federal a encies.
3. List the Board's major accomplishments for the preceding 12-month
period.
The Collier County Historical and Archaeological Preservation Board had the following
major accomplishments:
. They held 12 meetings during 2005 to review and consider historical and
archaeological preservation issues associated with various land use petitions, all
of which were open to the public.
. They reviewed and considered 6 Survey and Assessments of cultural resources for
various land use petitions during the preceding 12-month period. They also
reviewed 12 waiver applications from submitting the required survey and
assessment.
. They reviewed and considered amendments to the Land Development Code as
they pertain to historic resources.
4. Whether there is any other Board or agency, either public or private,
which is serving or would better serve the purpose for which the
Board was created.
No. The Preservation Board is the local preservation agency required by the Collier
Count Land Develo ment Code and vested with the ower, authorit , and 'urisdiction to
Page 2 00
Agenda Item No.1 OA
March 28, 2006
Page 5 of 12
designate, regulate, and administer historical and archaeological resources in Collier
County. In addition, the Preservation Board members are appointed by the Board of
County Commissioners on the basis of a potential member's involvement in community
issues, integrity, experience, and interest in the area of historic preservation and related
fields.
5, Whether the ordinance creating the Board should be amended to
allow the Board to more adequately serve the purpose for which it
was created.
No. The ordinance that created the Historical and Archaeological Preservation Board was
amended when it was incorporated into the Collier County Land Development Code
(LDC). Since the Preservation Board activities have not been constrained by the currently
adopted regulations, no amendments are proposed at this time. However, if changes to the
ordinance are proposed in the future, they can be properly processed during the regular
LDC amendment cycle.
6. Whether the Board's membership requirements should be modified.
No. The Preservation Board consists of seven members that have been appointed
by the Board of County Commissioners (BCC). The appointments by the BCC
are on the basis of a potential member's involvement in community issues,
integrity, experience, and interest in the area of historic preservation and related
fields. The membership requirements appear to be adequate at this time.
7. The cos both direct and indirect, of maintainin the Board.
Members of the Planning Preservation Board serve without compensation; however they
may be reimbursed for travel, mileage, and/or per-diem expenses, if authorized by the
BCC. In addition, the Preservation Board has no permanent or solely dedicated office
space or County staff that would be considered a direct cost. However, the Community
Development and Environmental Services Division does provide adequate staff on an as
need basis to assist the Preservation Board to perform its duties. Indirect costs include the
transcription of minutes and Community Development and Environmental Services
Division staffhours. Furthermore, the Bce amended the Schedule of Development
Review and Buildin Permit Fees in 2004 to more accuratel reflect the staff-hours.
J: ADDITIONAL BOARD/COMMITTEE COMMENTS:
No additional comments
K: STAFF COMMENTS:
Staff is of the opinion that the Preservation Board continues to educate the public of the
importance and significance of Collier County's historical and archaeological heritage by
protecting, preserving and perpetuating Collier County's historic and archaeological
artifacts, sites, districts, structures, buildings, and properties.
Comments: b Ra Bellows, Zonin Mana er
Page 3 of 3
Agenda Item No. 10A
March 28, 2006
Page 6 of 12
ADVISORY COMMITTEElBOARD
FOUR-YEAR REVIEW
BY THE BOARD OF COUNTY COMMISSIONERS
FOR FISCAL YEAR 2006
ADVISORY COMMITTEE: I Lake Trafford Restoration Task Force
I A.
lB.
I C.
I D.
IE.
IF.
I G:
I H.
CHAIRMAN:
I Mr. Clarence Tears - SFWMD
STAFF LIAISON: I Gary McAlpin
STAFF AGENCY: I Tourism, County Manager's Office
AUTHORITY:
I Ordinance 2002-18 (Originally Resolution 96-225)
SUBMITTAL DATE: I January 26,2006
FY 06 REVIEW DATE: I March 28,2006
LAST BCC REVIEW DATE: I None, this is the first 4-year review
I.
SUMMARY:
On 4/23/2002 the Board adopted Ordinance 2002-18 establishing this task force as a 13
member permanent committee with 4-year terms to provide oversight to demuck and
restore Lake Trafford.
This committee has provided technical oversight but has a history of not meeting on a
regular basis, not providing/taking official minutes, quorum problems and notices issues.
Restoration activities are almost complete and this committee should remain intact until
project activities are completed but operate within the prescribed manner for government
or~anizations.
1. Whether the Committee/Board is serving the purpose for which it was
created.
This committee is accomplishing technical oversight and the Lake Trafford restoration is
being accomplished. The requirements for public notification, documentation and
recordin ke in have not alwa s been accom lished.
2. Whether the Board is ade uate) servin current communi needs.
Restoration activities have continued and lake cleanup is progressing. To this extent
community needs are being met. Public documentation, notice and record keeping need to
be im roved.
Page I of2
Agenda Item No, 10A
March 28, 2006
Page 7 of 12
3. List the Board's major accomplishments for the preceding 12-month
eriod.
Restoration activities have continued and lake cleanu is ro essin.
4. Whether there is any other Board or agency, either public or private,
which is serving or would better serve the purpose for which the
Board was created.
None that is identified at this time with the possible exception of the Coastal Advisory
Committee.
5. Whether the ordinance creating the Board should be amended to
allow the Board to more adequately serve the purpose for which it
was created.
I No amendment necessary.
6. Whether the Board's membershi re uirements should be modified.
Consider modifying the Task Force membership by removing the out of area members to
allow for timel meetin and membershi uorums.
7. The cost, both direct and indirect, of maintainin the Board.
The County contributed $2,000,000 to support the restoration efforts. No additional
on oin costs are antici ated to maintain the committee.
J: ADDITIONAL BOARD/COMMITTEE COMMENTS:
None.
K: STAFF COMMENTS:
My assignment and involvement to this committee has just occurred as of 1/1/2006. To
date, I have only spoken to the Committee Chairman via telephone. Work is nearing
completion and the committee should remain in place until activity is completed.
A meeting is planned in February 2006 at which time Sunshine Regulations/proceedures
will be followed including agenda's, records and minutes.
Staff requests that the BCC direct staff to investigate in the February 2006 meeting the
composition of the committee and if necessary propose changes to the enabling ordinance
that would modify the membership to better achieve membership participation and
meeting attendance.
Comments b : Ga McAI in, Princi al Pro'ect Mana er, Tourism
Page 2 of2
Agenda Item No. 10A
March 28, 2006
Page 8 of 12
ADVISORY COMMITTEE/BOARD
FOUR-YEAR REVIEW
BY THE BOARD OF COUNTY COMMISSIONERS
FOR FISCAL YEAR 2006
A. ADVISORY COMMITTEE: Conservation Collier Land Acquisition
Adviso Committee
CHAIRMAN:
I Bill Poteet
lB.
I c.
I D.
IE.
IF.
I G:
I H.
STAFF LIAISON: I Alexandra Sulecki
ST AFF AGENCY: I Environmental Services, CDES
AUTHORITY:
I Ordinance 2002-63
I.
SUMMARY:
Collier County Ordinance 2002-63 created the Conservation Collier Land Acquisition
Advisory Committee (CCLAAC) to advise the County and the public in the
implementation of the program and the selection of project sites for acquisition.
The CCLAAC is composed of 9 members. The members are appointed by resolution of
the Board of County Commissioners for a two-year term and must be permanent
residents and electors of Collier County. CCLAAC members are required to comprise
broad and balanced representation of the interests of Collier County citizens including
environmental and conservation, agricultural and business, educational and general and
civic interests. Individual members are expected to have expertise, knowledge and
interest in ecology, conservation, real estate or land acquisition, land appraisal, land
management, eco-tourism or environmental education. The primary duty of the
CCLAAC is to recommend to the board of County Commissioners an Active
Acquisition List with qualified purchase recommendations consistent with the goals and
policies of Conservation Collier. The committee may also recommend proposed
expenditures from the Conservation Collier Trust Funds, additional selection or
acquisition procedures and other such matters as may be necessary to fulfill program
purposes.
Regular Land Acquisition Advisory Committee meetings are usually held on the second
Monday of the month at 9:00 A.M. in Commission Board Room on the third floor of the
W. Harmon Turner Administration Building.
Page 1 of3
Agenda Item No. 10A
March 28, 2006
Page 9 of 12
Th"e current membership is composed of Chairman Bill Poteet, Vice-Chair Marco
Espinar, Michael Delate, Ellin Goetz, Wayne Jenkins, Will Kriz, Mimi Wolok, Tony
Pires, and Brent Moore.
1. Whether the Committee/Board is serving the purpose for which it was
created.
The question is asked if the committee is serving the purpose for which it was created.
The answer is yes. During the past three years, Conservation Collier has aggressively
moved forward purchasing environmentally sensitive and other open space properties as
per the ordinance creating Conservation Collier. We have been good stewards of the
public monies recommending for purchase only those properties deemed to be in the
public's best interest.
2. Whether the Board is ade uatel servin current communi needs.
A second question is asked if the committee is adequately serving the purpose for which it
is intended. The answer is yes. The committee has recommended properties which
represent all geographic areas within our County, with the majority of them within the
urban bound
3. List the Board's major accomplishments for the preceding 12-month
eriod.
The following is a list of major accomplishments for the preceding 12 months.
I. Reviewed and ranked 19 properties submitted or nominated to Conservation
Collier for purchase. Over the life of the program, since 2003,54 properties have
been reviewed and ranked.
2. Adopted Interim Land Management plans for 6 properties currently being
managed by Conservation Collier
3. Proposed, reviewed and then submitted referendum language to Commission to
clear up the $75,000,000 cap issue for the purchase ofland by Conservation
Collier.
4. Total acrea e a roved: 899; Total acrea e a uiredlunder contract: 484
4. Whether there is any other Board or agency, either public or private,
which is serving or would better serve the purpose for which the
Board was created.
The question is asked if there is any other committee or agency, either public or private
which is serving or would be better to serve the purpose for which the committee was
created. The answer is no. Conservation Collier is a result of a public initiative. There is
no other group, agency, etc. who is seeking the purchase of public lands with the
requirement it must have public access and can be enjoyed by the public. There are a few
others who will purchase the land, but with no guarantee the citizens of Collier County
will be able to utilize them.
Page 2 of 3
Agenda Item No. 10A
March 28, 2006
Page 10 of 12
5. Whether the ordinance creating the Board should be amended to
allow the Board to more adequately serve the purpose for which it
was created.
The question is asked whether the ordinance creating the committee should be amended
and the answer is yes. There has been discussion between the Board of County
Commissioners and Conservation Collier concerning purchasing properties within the
sending areas. Members of the Board have expressed they would prefer Conservation
Collier not look at purchasing said properties. However, the original ordinance
designates sending areas as one of the target areas Conservation Collier should pursue for
purchase. The elimination of sending areas as one of the target areas for purchase should
rectify this conflict. A draft amended ordinance is currently under review by the
Ordinance, Rules & Policy Subcommittee.
6. Whether the Board's membershi re uirements should be modified.
The question is asked whether we should modify the membership requirements.
The answer is no. Our committee has worked very effectively using the current format of
nine members. The committee has been blessed with some very talented individuals,
each brin . n a uni ue set of ex erience and knowled e to the table.
7. The cost, both direct and indirect, of maintainin the Board.
The final question is regarding the cost of maintaining the committee. Since the
committee is made entirely of volunteers, the only costs associated with it are costs for
staff, the use of the meeting room, and incidental costs associated with public records and
reports. If the County were to pay members for the expertise the members of
Conservation Collier bring to the committee, it would be an extremely large consulting
bill. Collier County is indeed fortunate to have such highly qualified individuals who
give freely their own time and energy to make the Committee as effective as it is.
Conservation Collier is a hi I roductive committee. It is ve cost effective.
J: ADDITIONAL BOARD/COMMITTEE COMMENTS:
None
K: STAFF COMMENTS:
This Committee is the first that this staff member has worked with. Thus far, the
experience has been positive, though getting attendance at subcommittee meetings has
been a challenge.
Staff concurs with the Committee's request for the Board of County Commissioners to
consider authorizing the County Attorney staff to amend the CCLAAC enabling
ordinance to delete the reference to sending areas as one of the target areas Conservation
Collier should pursue for purchase. Staff comments by: Alexandra Sulecki, Coordinator,
Conservation Collier Land ACQuisition Pro~am
Page 3 of3
Agenda Item No. 10A
March 28, 2006
Page 11 of 12
ADVISORY COMMITTEE/BOARD
FOUR-YEAR REVIEW
BY THE BOARD OF COUNTY COMMISSIONERS
FOR FISCAL YEAR 2006
ADVISORY COMMITTEE: I Public Vehicle Advisory Committee (PV AC)
I A.
lB.
I C.
I D.
CHAIRMAN:
I Anthony Marino
STAFF LIAISON: I Michelle Edwards Arnold
STAFF AGENCY: I Code Enforcement Department
E.
AUTHORITY:
Chapter 142 of the Collier County Code & Laws &
Ordinances, Ordinance No. 95-66
I F. SUBMITTAL DATE: I January 7, 2006
I G: FY 06 REVIEW DATE: I March 28, 2006
I H. LAST BCC REVIEW DATE: I
I. SUMMARY: I Give a brief history, including d~~ created, pwpose, current members, membership
comoosition if applicable, meelin" schedule. etc.
The Public V ehic1e Advisory Committee was created by the Board of County
Commissioners on September 2, 1986. The Committee was granted the powers to review
and approve applications for vehicle for hire companies wanting to obtain a Certificate to
Operate for such business in Collier County. The Committee is also responsible for
making recommendations regarding changes to the Ordinance that will enhance the
protection of the general public utilizing vehicles for hire.
The committee consists of 5 members and 1 alternate member, with no more than 3
members being affiliated with the industry.
The Committee meets the I st Monday of each month at 9:30 a.m. unless there are no
applications or items for review. Meetings are held in Conference room 609 or 610 at the
Community Development & Environmental Services Division Building located at 2800
North Horseshoe Drive.
1. Whether the Committee/Board is serving the purpose for which it was
created.
I The Committee is serving the purpose for which it was created.
current communi needs.
needs.
Page 1 of2
Agenda Item No. 10A
March 28, 2006
Page 12 of 12
3.
eriod.
In the past 12 months, the PV AC has approved 12 new companies to conduct business in
Collier County. The total number of companies increased from 65 in 2004 to 77 in 2005.
During that same period, the number of vehicles inspected and issued decals / permits to
operate increased from 476 to 535.
By year-end, there were a total of 1,150 Drivers Identification cards (Hack Licenses)
issued authorizing drivers to legally drive for a certificated company in Collier County.
4. Whether there is any other Board or agency, either public or private, which
is servin or would better serve the u ose for which the Board was created.
There is no other Board or agency, either public or private, that is providing the services
current! rovided b this committee.
5. Whether the ordinance creating the Board should be amended to allow the
Board to more ade uatel serve the ur ose for which it was created.
Since its inception, the Committee has made recommendations to the Board of County
Commissioners to amend the governing ordinance so that they and staff can more
ad uatel serve the u ose for which it was created.
6. Whether the Board's membershi re uirements should be modified.
There is no recommendation to modi the membershi r uirements of the PV AC.
7. The cos both direct and indirec of maintainin the Board.
Personnel expenses for staff responsible for administering the Vehide For Hire process is
estimated at $90,000 for FY 05-06. Operational costs are estimated at $5,000. Revenue
raised for this ro am is estimated at $54,300 in 2005.
J: ADDITIONAL BOARD/COMMITTEE COMMENTS:
None
K: STAFF COMMENTS:
Staff concurs with this report.
Comments by: Michelle Arnold, Code Enforcement Director
Page 2 of2
Agenda Item No.1 OB
March 28, 2006
Page 1 of 23
EXECUTIVE SUMMARY
Recommendation to approve amendment number four (4) for a Guaranteed Maximum
Price (GMP) of $1,716,800 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 fourth floor renovations, project number 52004.
OBJECTIVE: To approve a contract amendment for a GMP of$I,716,800 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 fourth floor
renovations.
CONSIDERA TIONS: On January 24, 2006 the Board of County Commissioners approved
agenda item number 10 C adding the Courthouse renovations to Kraft's construction contract
number 04-3576, Construction Manager at Risk Services for Courthouse Annex and Parking
Garage.
The Legislature of the State of Florida passed HB 41B and SB 14B on December 8, 2005 adding
four Judges to the 20th Judicial Circuit of Florida. The 20th Circuit consists of five Counties;
Collier, Lee, Charlotte, Hendry and Glades. Collier County will be allocated one new Circuit
Judge and two new County Judges starting in 2006.
Spillis Candela DMJM is the architectural firm for the renovations and completed the
construction documents in December 2005. Approximately a third of the fourth floor (5,800
square feet) will be demolished and rebuilt to include one courtroom, one hearing room, one jury
deliberation room, two judicial offices and two judicial assistant offices. The proposed cost of
$1,716,800 equates to approximately $300 per square foot.
The Courthouse renovations are scheduled to start in April 2006 and must be completed by
October I, 2006. The renovation work will be completed nights and weekends to minimize
impact on the courts.
As is typical for a Construction Management at Risk contract, Kraft Construction Company
advertised for subcontractors to perform this work and the GMP is based on bids received. It
would therefore seem that the price of $1,716,800 is reasonable.
FISCAL IMPACT: Funds for this contract amendment in the amount of $1,716,800 are
available in the project budget fund 301. The source of the funding is ad valorem taxes.
GROWTH MANAGEMENT IMP ACT: This request is consistent with the County's Growth
Management Plan and the Government Complex Projected Space Plan.
-
RECOMMENDA TIONS: That the Board of County Commissioners 1) approve conclusion of
negotiations of a Contract Amendment for a Guaranteed Maximum Price (GMP) of $1,716,800
under Contract No. 04-3576, Construction Manager at Risk Services for Courthouse Annex and
Parking Garage, with Kraft for the construction of the Courthouse fourth floor renovations,
Agenda Item No. 108
March 28, 2006
Page 2 of 23
project 52004, 2) authorize the Chairman to execute a contract amendment with Kraft, after
review by the County Attorney's Office, in an amount of$I,7l6,800.
PREPARED BY:
Peter S. Hayden, P.E., Senior Project Manager
Department of Facilities Management
-
Agenda Item No, 10B
March 28, 2006
Page 1 of 23
EXECUTIVE SUMMARY
Recommendation to approve amendment number four (4) for a Guaranteed Maximum
Price (GMP) of $1,716,800 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 fourth floor renovations, project number 52004.
OBJECTIVE: To approve a contract amendment for a GMP of $1,716,800 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 fourth floor
renovations.
CONSIDERA TIONS: On January 24, 2006 the Board of County Commissioners approved
agenda item number 10 C adding the Courthouse renovations to Kraft's construction contract
number 04-3576, Construction Manager at Risk Services for Courthouse Annex and Parking
Garage.
The Legislature of the State of Florida passed HB 41B and SB 14B on December 8, 2005 adding
four Judges to the 20th Judicial Circuit of Florida. The 20th Circuit consists of five Counties;
Collier, Lee, Charlotte, Hendry and Glades. Collier County will be allocated one new Circuit
Judge and two new County Judges starting in 2006.
Spill is Candela DMJM is the architectural firm for the renovations and completed the
construction documents in December 2005. Approximately a third of the fourth floor (5,800
square feet) will be demolished and rebuilt to include one courtroom, one hearing room, one jury
deliberation room, two judicial offices and two judicial assistant offices. The proposed cost of
$1,716,800 equates to approximately $300 per square foot.
The Courthouse renovations are scheduled to start in April 2006 and must be completed by
October 1, 2006. The renovation work will be completed nights and weekends to minimize
impact on the courts.
As is typical for a Construction Management at Risk contract, Kraft Construction Company
advertised for subcontractors to perform this work and the GMP is based on bids received. It
would therefore seem that the price of $1,7] 6,800 is reasonable.
FISCAL IMPACT: Funds for this contract amendment in the amount of $],716,800 are
available in the project budget fund 301. The source of the funding is ad valorem taxes.
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 of a Contract Amendment for a Guaranteed Maximum Price (GMP) of $1,716,800
under Contract No. 04-3576, Construction Manager at Risk Services for Courthouse Annex and
Parking Garage, with Kraft for the construction of the Courthouse fourth floor renovations,
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 10B
March 28, 2006
Page 3 of 23
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
108
Recommendation to approve amendment number four (4) for a Guaranteed Maximum Price
(GMP) of $1 ,716,800 under Contract No, 04-3576. Construction Manager at Risk Services for
Courthouse Annex and Parking Garage, with Kraft Construction Company, Inc. for ttle
construction 01 the Courthouse fourth floor renovalions, project number 52004, fLen Price,
Administrator, Administrative Services)
3128/20069'0000 AM
Date
Approved By
Linda Best
Administrative Services
Contracts Agent
Purchasing
311312006 B:13 AM
Date
Approved By
Kelsey Ward
Administrative Services
Senior Purchasing and Contracts Agent
Purchasing
311312006 2:26 PM
Principal Project Manager
Dale
Approved By
Ron Hovel!
Administrative Services
Facilities Management
3/1312006 2:28 PM
Date
Approved By
Skip Camp, C.F.M.
Administrati....e Services
Facilities Managoment Director
Facilities Management
3/131200:62:35 PM
Administrative Service~ Administrator
Date
Appro,,'ed By
len Golden Price
Administrative- Services
Administrative Services Admin.
3116/2006 11: 58 AM
Date
Approved BJ
OMB Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
3{1712006 8:02 AM
Date
Approved By
Susan Usher
County Manager's Office
Senior ManagemenUBudgel Analyst
Office of Management & Budgef
312012006 9:06 AM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
3120/20069:58 AM
Dale
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
County Manager's Office
312012006 3:50 PM
EXHIBIT E
Agenda Item NO.1 08
March 28, 2006
Page 4 of 23
AMENDMENT NO.4 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 Commissioners of Collier County,
Florida, a political subdivision of the State of Florida ("Owner") and Kraft Construction Company. Inc.
("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 Contract Time for the Work as set forth
below:
1. CONSTRUCTION MANAGER'S FEE
The Construction ~anager's fee, as defined in Article 8.1.2 of the Agreement, for work or services performed during the Construction Phase for
the 4'b Floor Courthouse Renovation only shall be an add of $255,512.00. The Construction Phase Fee for the 4th Floor Courthouse
Renovation only shall be invoiced and paid in Six (6) monthly payments of $36,500.00 each and one final monthly payment of $36,512.00, The
first monthly Application for Payment shall be submitted no earlier than thirty days following the issuance ohhe 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, The additional Overhead and Profit for the 4th Floor Courthouse Renovation only for the
Construction Phase, as defined in Article 8.1.3 of the Agreement, shall be $69,585.00. This Overhead and Profit for the 4'~ Floor
Courthouse Renovation only shall be invoiced as defined in Article 8.1.3.
2. COST OF THE PROJECT
The total Cost of the 4th Floor Courthouse Renovation Project only as defined in Article 9 of this Agreement is an add of$I.391,703.00.
3. GUARANTEED MAXIMUM
Construction Manager's Guaranteed Maximum Price for the 4lb Floor Courthouse Renovation Work only, including the Construction Manager's
Fee, O&P for the Construction Phase, and Cost of the Project is an add of $1,716,800.00. This Price is for the performance of the Work in
accordance with the Contract Documents listed and attached to this Amendment and marked Attachments 1 through 6, as follows:
Attachment Description Pages Dated
Number
la. GMP Proposal letter with Cost I thru 4 02-24-06 rev 03-09-06
Breakdown for the Courthouse
Annex Building
Ib, Drawings, Specifications. Ithru2 02-24-06
Addenda and General,
Supplementary and other
Conditions of the Contract
On which the Guaranteed
Maximum Price for the
4th Floor Courthouse Renovations
is based upon.
2, Allowance items 1 thru 1 02-24-06
3, Assumptions and clarifications I thm 3 02-24-06
made in preparing the GMP set
Guaranteed Maximum Price,
4. Completion schedule o thru 0 T,B.D.
5. Alternate prices o thru 0 N.A.
6, Unit Prices o thru 0 N.A.
7. Revisions to the Contract ] thru I 02-24-06
8. Completed Exhibits A, B, G, H & I I thru 5 02-24-06 rev 03-09-06
.4 ~ :Y
Agenda Item No. 10B
March 28, 2006
Page 5 of 23
4. CONTRACT TIME
The total period of time beginning with the Construction Phase Commencement Date for the 4." Floor Courthouse Renovation Only to the date
of Substantial Completion of the Work for the 4tb Floor Courthouse Renovation is 200 calendar days ("Contract Time"). * Commencement
date can not be issued without the Building Permit ready to be issued.
CONSTRUCTION MANAGER
KRAFT CONSTRUCTION COMPANY, INC.
:jQ~t wLLs
By
~~.
obert L. Carseftc;: =3.: -~.,..-;'. ~: :.
=-:.:-'- '.....-..,""'... ~: -
- ~ <::,-......J... ,"'= .-.
~~"--,";--~ .....;
Title: Chairman - . - - ~~ _:
-:~;;/."'~>-:'~;':------ ,
. /". . f ,...~-
".~".' , ~ . .... ,....
Corporate Secretary
As Witnessed:
By
~d.\yY
(Corporate Seal)
OWNER
ATTEST:
DWIGHT W. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
By
DEPUTY CLERK
FRANK HALAS, CHAIRMAN
Date:
Approved as to form and legal sufficiency:
Robert N. Zachary, Assistant County Attorney
Attachment 1 a
Agenda Item No. 1 DB
March 28, 2006
Page 6 of 23
February 24, 2006
Revised March 9, 2006
Mr. Peter S. Hayden, P.E. Senior Project Manager
Collier County Government
Department of Facilities Management
3301 Tamiami Trail East, Building W
Naples, FL 34112
RE: 4TH FLOOR COURTHOUSE RENOV ATIONS ONLY
NAPLES, FLORIDA
Dear Mr. Hayden:
We are pleased to provide you with this additional GMP Cost Estimate for the proposed
"4th Floor Courthouse Renovations". The additional GMP Cost Estimate was based upon
the enumerated Project Documents as prepared by Spillis Candela DMJM, Inc. and our list
of Qualifications.
Our additional GMP Cost Estimate is as follows:
GMP Cost for the 4th Floor Courthouse Renovations is an Add of ... $1,716,800.00
We have included a 2 % Construction Managers Contingency within this GMP amount.
If you have any questions, feel free to call.
Sincerely,
KRAFT CONSTRUCTION COMPANY, INC.
~~
Joe L. Pressler
Vice PresidentfEstimating
Attachments:
Enumeration of the Project Documents dated February 24, 2006
List of Qualifications, Clarifications & Assumptions, dated February 24,2006
JLP:rd
Attachment 1a
Standard Estimate Report
4th FIr Courthouse Renov
Agenda Item No. 10B
March 28, 2006PB98 0
~i108 f.~:23 AM
Project name
4th Fir Courthouse Renov
3301 East Tamlami Trail
Naples
FL 34112
Client
Collier County Government
3301 East Tamlaml Trail
Naples
FL 34112
Architect
Spillis Candela DMJM
Document
Bid Set 01/27/06
Job size
5680 sf
Duration
7mos
Attachment la
Standard Estimate Report
4th FIr Courthouse Renov
Agenda Item No. 1 O~ 1
March 28, 200Efsge
~Q'f!J;23 AM
Description Quantity Unit Cost Amount
1970,00 FIELD REIMBURSABLES 5,680.00 sqft 32.57 Isqft 184,992
2000.00 DEMOLITION 5,680,00 sqft 6.11/sqft 34,700
6000,00 ROUGH CARPENTRY 5,680.00 sqft 4.82 Isqft 27,380
6200,00 MILLWORK & CASEWORK 5,680.00 sqft 47.67/sqft 270,737
6410.00 STONE COUNTERTOPS 5,680.00 sqft 0.27 Isqft 1,520
7000.00 INSULATION 5,680.00 sqft O,8541sqft 4,850
8000.00 DOORS & HARDWARE 5,680,00 sqft 8.3341sqft 47,335
8500,00 WINDOWS & GLASS 5,680.00 sqft 0.961/sqft 5,457
9000.00 DRYWALL & FRAMING 5,680.00 sqft 32.364/sqft 183,827
9300.00 CERAMIC TILE & STONE 5,680.00 sqft 5.33/sqlt 30,256
9500.00 ACOUST CEILINGS & WALL 5,680.00 sqft 5,423/sqft 30,800
9550,00 CARPET-VINYL-TERRAZZO 5,680.00 sqft 8.064/sqft 45,805
9900.00 PAINTING & WALL COVER 5.680.00 sqft 7.11/sqft 40,381
10000.00 SPECIALITIES 5,680.00 sqft 2.04/sqft 11,574
12000.00 FURNISHINGS 5,680,00 sqft 5,19 Isqft 29,449
14000.00 CONVEYING SYSTEMS 5,680,00 sqft 5,57/sqft 31,610
15400,00 PLUMBING 5,680.00 sqft 5.702lsqft 32,385
15500,00 FIRE PROTECTION 5,680.00 sqft 3.11 Isqft 17,655
15800.00 HVAC 5,680,00 sqft 9.37 Isqft 53,200
16000,00 ELECTRICAL 5,680,00 sqft 21.7521sqft 123,550
17000.00 FACILITY MGMT SYSTEM 5,680,00 sqft 20,68 Isqft 117,460
Attachment la
Standard Estimate Report
4th FIr Courthouse Renov
Agenda Item No.1 08
March 28, 200fl'age 2
F3It1I2i06 fb:23 AM
Estimate Totals
Labor 42,970 1,040.000 hr.
Subcontract 1,168,904
Equipment 44,150
Other 68.899
1,324,923 1,324,923
Material Sales Tax 6.000 %
Labor Burden 24.708 57.500 %
24,708 1,349,631
Impact & Tap Fees By Owner
Permits By Owner
Prim Util Svcs Fees By Owner
1,349,631
Const Mgr Contingency (2%) 27.838
27,838 1,377,469
Bond: Payment & Perlonnence 14.234
14,234 1,391,703
Const Phase Fee (Gen Cond) 255,512
Const Phase OH & Profit Fee 69.585 5.000 %
325,097 1,716,800
Total 1,716,800 302.254 1st
-c:' "~fI'
.li-~-~.' I
Attachment Ib Agenda Item NO.1 DB
~Ch 28, 2006
February 24, 2006 - - ge 10 of 23
Enumeration of Project Documents
Collier County Courthouse 4th Floor Renovations
Page Permit Set Bid Set
Number Description Dated Dated
Bid Set P14ns as designed by SpilUs Cande14 DMJM
Page I Cover Sheet 12/20/05 1I27/06
AO.1.04 Index of Drawings, Symbols and Abbreviations 12/20/05 1/27/06
AI. 1.04 Architectural Site Location Plan 12/20/05 1/27/06
AI.3.04 Architectural Life Safety Plan Fourth Floor 12/20/05 1/27/06
A2.1.04 Demolition Plan Fourth Floor 12/20/05 1/27/06
A2.1.14 Demolition Plan Reflected Ceiling Fourth Floor 12/20/05 1/27/06
A2.2.04 Floor Plan Fourth Floor 12/20/05 1I27/06
A2.3.04 Reflected Ceiling Plan Fourth Floor 12/20/05 1/27/06
A2.7.04 Signage Plan Fourth Floor 12/20/05 1/27/06
A3.1.01 Toi]et Details Fourth Floor Plan 12/20/05 1/27/06
A3.1.04 En]arged Courtroom Plans Fourth Floor 12120/05 1/27/06
A5.1.04 Interior Fourth Floor Elevations ] 2/20/05 1/27/06
AS.3.04 Finish Plan Fourth F]oor 12/20/05 1/27/06
A5.4.04 Partition Types Fourth Floor Plan 12/20/05 1/27/06
A6.2.04 Door Schedule, Door Types and Details 12/20/05 1/27/06
A6.2.14 Details 12120/05 1/27/06
A6.2.15 Detai] s ] 2/20/05 1/27/06
A6.2.16 Details 12/20/05 1/27 /06
MO. 1.01 HV AC Legend, Symbols and Abbreviations 12/20/05 1/27/06
M2.1.04 HV AC Demolition Plan Fourth Floor 12120/05 1/27/06
M2.2.04 HV AC Floor Plan Fourth Floor ] 2/20/05 1/27/06
M3.1.01 Mechanical Schedules and Details ] 2/20/05 1/27/06
FO.1.01 Fire Protection Abbreviations, Symbols, Notes and Schedules 12/20/05 1/27/06
F2.2.04 Fire Protection Floor Plan Fourth Floor 12/20/05 1/27/06
PO. 1.01 Plumbing Abbreviations, Symbols and Notes 12/20/05 1/27/06
P2.1.04 Plumbing Demolition Plan Fourth F]oor ] 2/20105 1/27/06
P2.2,04 Plumbing Floor Plan Fourth Floor I 2/20/05 1/27/06
P5.1.01 Plumbing Schedules Isometric and Details 12/20/05 1/27/06
EO.l.Ol Symbols & Abbreviations 12/20/05 1/27/06
EO.l.02 Lighting Fixture Schedule 12/20/05 1/27/06
EO.2.00 Electrical Notes ] 2/20/05 1/27/06
E2.1.04 Demolition Plan Fire Alarm Fourth Level ]2/20/05 1/27 /06
E2.I.14 Demolition Plan Power & Lighting Fourth Level 12/20/05 1/27/06
E2.2.04 Power Plan Fourth F]oor I 2/20/05 1I27/06
E2.3.04 Lighting Plan Fourth Floor 12/20/05 1/27/06
E2.5.04 Systems Plan Fourth F]oor 12/20/05 1/27/06
E4.1.01 Electrical & Fire Alarm Riser Diagrams ] 2120/05 1/27/06
E5.1.01 Electrical Details 12/20/05 1/27/06
lof2
Attachment Ib Agenda Item NO.1 DB
~Ch 28, 2006
February 24, 2006 · · ge 11 of 23
Enumeration of Project Documents
Collier County Courthouse 4th Floor Renovations
Page Permit Set Bid Set
Number Description Dated Dated
E6.1.01 Panel Schedules 12/20/05 1/27/06
E6.1.02 Panel Schedules 12/20/05 1/27/06
Specifications
Proiect Manual for Collier County Fourth Floor Courthouse Renovations 1/27/06
20f2
Agenda Item NO.1 08
March 28, 2006
Page 12 of 23
Attachment 2
02-24-06
COLLIER COUNTY FOURTH FLOOR
COURTHOUSE RENOV A nONS
"LIST OF ALLOWANCES"
1. We have included an Allowance of $2,000 for Independent Lab Testing services and
X-raying of slab for new penetrations for the 4th Floor Courthouse Renovations only.
2. We have included a Material Allowance of $9.00 per lineal yard at 54" material for the Vinyl
Wall Covering that is to match the existing. We also have included a Material Allowance of
$17.00 per lineal yard at 54" material for the Textile Wall Covering to match the existing.
Agenda Item No. 108
March 28, 2006
Page 13 of 23
Attachment 3
COLLIER COUNTY FOURTH FLOOR
COURTHOUSERENOV AT IONS ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
February 24, 2006
The qualifications, clarifications and assumptions set forth in this exhibit form an integral
part of the Contract to which it is attached and to the extent necessary modify all other
exhibits, terms and conditions of the Contract that may be contradictory or that may set
forth different requirements to be complied with by Contractor. Where materials,
quantities, products and component parts are specified in this exhibit, they shall control
over any contrary provisions contained in other exhibits. Where statements are made that
information, items or services will be provided or furnished by Owner, they constitute
exclusions or alterations from the work that is otherwise set forth in the other terms and
conditions of the Contract and its exhibits. Where they state that items are not included it
means that the Work will be completed without the inclusion of such item and that if
required by Owner it will be the basis for a change order or construction change directive.
Where site conditions are specified, assumed, or assumptions as to the basis for pricing
are set forth, they control over any more comprehensively stated requirements in the
body of the Contract terms and conditions and constitute a limitation on the extent of the
Work to be performed for the guaranteed maximum or fixed price as the case may be.
DIVISION #1 - GENERAL CONDITIONS
1. Permit and impact fees are the responsibility of the Owner.
2. Primary utility service costs are the responsibility of the Owner.
3. The owner shall provide temporary electric and water for use during construction of
this renovation project at no cost to the Construction Manager.
4. Owner/Architect office trailers on the site are not included.
5. We have included an Allowance of $2,000 for Independent Testing Lab services and
x-raying of slab for new penetrations.
6. Builder's Risk Insurance is the responsibility of the Owner. The Owner to be
responsible for any deductibles.
DIVISION #2 - DEMOLITION
1. We have not included removal of any Personal property, Systems furniture, chairs,
etc. from the area to be renovated. We have assumed that the Owner will remove
those items prior to Kraft commencing work.
1 of 3
Agenda Item No.1 OB
March 28, 2006
Page 14 of 23
Attachment 3
COLLIER COUNTY FOURTH FLOOR
COURTHOUSERENOVATIONSONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
February 24, 2006
DIVISION #5 - METALS
1. No qualifications
DIVISION #6 - CARPENTRY
1. No qualifications
DIVISION #7 - THERMAL AND MOISTURE PROTECTION
1. No qualifications
DIVISION #8 - DOORS AND WINDOWS
1. We have included Section 08111 Steel Frames as specified. If Steel Frames as
manufactured by S.W. Fleming are approved as equal to the specified products you
may deduct $1,200 from our GMP cost.
DIVISION #9 - FINISHES
1. We have included a Material Allowance of $9.00 per lineal yard at 54" material for
the Vinyl Wall Covering that is to match the existing. We also have included a
Material Allowance of $17.00 per lineal yard at 54" material for the Textile Wall
Covering to match the existing.
DIVISION #10 - SPECIALTIES
1. No qualifications.
DIVISION #11 - EOUIPMENT
1. Not Applicable.
DIVISION #12 - FURNISHINGS
I. No qualifications.
2 of 3
Agenda Item No, 10B
March 28, 2006
Page 15 of 23
Attachment 3
COLLIER COUNTY FOURTH FLOOR
COURTHOUSERENOVATIONSONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
February 24, 2006
DIVISION #13 - SPECIAL CONSTRUCTION
1. No qualifications.
DIVISION #14 - CONVEYING SYSTEMS
1. We have included the Vertical Wheelchair Lifts as manufactured by Access
Industries, Inc. as equal to the specified unit by National Wheel-O-Vator, Inc. with
the exception of this unit having a 1f2 hp Motor in lieu of the % hp specified.
DIVISION #15 - MECHANICAL
1. No qualifications.
DIVISION #16 - ELECTRICAL
1. The sound system speakers have been assumed to be free wired, furnished and
installed by others.
2. We have included a Lutton dimming system in lieu of the Pro-Lite system specified.
3. We have included T-81amps for the type A fixtures in lieu of the T-12's specified.
4. A complete conduit system wI pull string for the Fire Alarm System is included.
30f3
Agenda Item NO.1 OB
March 28, 2006
Page 16 of 23
02-24-06
Attachment 7
Collier County Courthouse Annex, Parking Garage
and 4th Floor Courthouse Renovations
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 "$1,98SJ)()" for Garage and "$2,402.00" for
Annex and "$1,803.00" for the 4th Floor Courthouse Renovations.
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%"
Agenda Item No. 1 DB
March 28, 2006
02-24-06 rev 03-09a06 17 of 23
EXHIBIT A
CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES
(ANNEX BUILDING, PARKING GARAGE AND 41h FLOOR COURTHOUSE RENOVATIONS)
Owner:
Board of County Commissioners, Collier County, FL
Design Professional
Construction Manae:er
Pete Tuffo (Offsite)
Joe Pressler (Offsite)
Wendy Duckworth and/or Lyn Ross (Offsite)
Brad Kogan and/or Allen Clark (Offsite)
Laurie Mattingly (Off site)
Mark Styles and/or Eduardo Saumell (Offsite)
Pete Murphy (Offsite)
TBD (On site)
Lisa Harvey (Onsite)
TBD (Onsite)
TBD (Onsite)
TBD (Onsite)
Jerry Davis (Onsite)
TBD (Onsite)
Owner's Representative: Peter Hayden, P.E.
Purchasing Agent: Scott D. Johnson
Project Principal
Construction Administrator
Site Representative
Mechanical Engineering Inspector
Electrical Engineering Inspector
Structural Engineering Inspector
Architectural Inspector
Project Executive
V ice President, Estimating
Estimator Assistant
M.E,P. Coordinator (Annex)
D.M.P. Clerk
Scheduler
Safety Inspector
Project Manager
Administrative Assistant
Administrative Assistant (4th Floor Renov.)
Superintendent (Garage)
Superintendent (Annex)
Superintendent (4th Floor Courthouse Renov.)
Labor Foreman (4th Floor Courthouse Renov,)
35
Agenda Item NO.1 OB
March 28, 2006
Page 18 of 23
EXHIBIT B
CONSTRUCTION MANAGER'S PERSONNEL
02-24-06 rev 03-09-06
(ANNEX BUILDING, PARKING GARAGE AND 4th FLOOR COURTHOUSE RENOVATIONS)
OFF-SITE SUPPORT STAFF
Pete Tuffo
Joe Pressler
Wendy Duckworth and/or Lyn Ross
Brad Kogan and/or Allen Clark
Laurie Mattingly
Mark Styles and/or Eduardo Saumell
Pete Murphy
Project Executive
Vice President, Estimating
Estimator Assistant
M,E.P. Coordinator (Annex & 4th Floor Renov.)
D.M.P, Clerk
Scheduler
Safety Inspector
ON-SITE SUPPORT STAFF
TBD
Lisa Harvey
TBD
Jerry Davis
TBD
Project Manager
Administrative Assistant
Administrative Assistant (4th Floor Renov,)
Superintendent (4th Floor Renov.)
Labor Foreman (4th floor Renov.)
36
EXHIBIT G
Agenda Item NO.1 OB
March 28, 2006
Page 19 of 23
02-24-06 rev 03-09-06
CONSTRUCTION MANAGER'S PER DIEM STAFF FOR TIME
EXTENSIONS PER 8.1.2 (1)(b)
(ANNEX BUILDING, PARKING GARAGE AND 4th FLOOR COURTHOUSE RENOVATIONS)
Individual
Pete Tuffo
TBD
Wendy Duckworth andlor Lyn Ross
Brad Kogan or Allen Clark
Laurie Mattingly
Mark Styles or Eduardo Saumell
Pete Murphy
TBD
Lisa Harvey
TBD
Jerry Davis
TBD
(Offsite)
(Offsite)
(Offsite)
(Offsite)
(Off site)
(Off site)
(Offsite)
(Onsite)
(Onsite)
(Onsite)
(Onsite)
(Onsite)
Title
Project Executive
Estimator
Estimator Assistant
M.E,P. Coordinator
D,M.P. Clerk
Scheduler
Safety Inspector
Project Manager
Administrative Assistant
Administrative Assistant (4th Floor Renov.)
Superintendent (4th Floor Renov.)
Labor Foreman (4th Floor Renov.)
43
Percentage
of Time
Available
20%
5%
10%
10%
20%
5%
10%
100%
100%
50%
100%
100%
Agenda Item No. 10B
March 28, 2006
Page 20 of 23
02-24-06 rev 03-09-06
CONSTRUCTION MANAGER'S PERSONNEL TO BE
EXHIBIT H
ASSIGNED DURING CONSTRUCTION OFF-SITE
(ANNEX BUILDING, PARKING GARAGE AND 4th FLOOR COURTHOUSE RENOVATIONS)
Individual
Pete Tuffo
Joe Pressler
TBD
Wendy Duckworth and/or Lyn Ross
Brad Kogan or Allen Clark
Mark Styles or Eduardo Saumell
Laurie Mattingly
Pete Murphy
Title
Percentage
Duration of Time
in Months Available
Project Executive
Vice President, Estimating
Estimator
Estimating Assistant
M,E.P, Coordinator
Scheduler
D.M.P. Clerk
Safety Inspector
16 20%
]6 10%
]6 5%
]6 10%
]6 10%
]6 5~o
]6 20%
16 10%
44
Agenda Item No, 10B
March 28, 2006
Page 21 of 23
EXHIBIT I
02-24-06 rev 03-09-06
CONSTRUCTION MANAGER'S PERSONNEL TO BE
ASSIGNED DURING CONSTRUCTION ON-SITE
(ANNEX BUILDING, PARKING GARAGE AND 4th FLOOR COURTHOUSE RENOVATIONS)
Individual
Title
Percentage
Duration of Time
in Months Available
TBD
Lisa Harvey
TBD
Jerry Davis
TBD
Project Manager
Administrative Assistant
Administrative Assistant (4th Floor Renoy,)
Superintendent (4111 Floor Renoy.)
Labor Foreman (4th Floor Renov.)
16 100%
16 1 00%
7 50%
7 100%
7 100%
45
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Item Number:
Item Summary:
Meeting Oat.:
Agenda Item No. 1 DC
March 28, 2006
Page 1 of 115
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10e
Recommendation to adopt a superseding resolullon authorizing condemnation of fee simple
interests for the proposed right-of-way and/or slormwatar retention and treatmenl pond sites,
as well as perpetual, non-exclusive road rlght-of~way, drainage and uWity easements,
temporary CO!ls1ruction easements and temporary driveway restoration easements. which wlll
be required for tr19 Construction of roadway, drainage and utility Improvements to Santa
Barbara Boulevard from Davis Boulevard to Pine Ridge Road. (Project No. 62081 )
(Estimated fiscal impact: $14,180,000) (Norman Feder, Administrator, Transportation
Services)
3128/20069:00:00 AM
Date-
Prepared By
Lorraine Lantz
Transportation Services
Right Of Way Coordinator
TEeM.ROW
3113/200611:53:51 AM
Dato
Approyed By
Tad Pluc
Transportation Services
Engineer
Transportation Engineering and
Construction
3/13/200612:43 PM
Date
Appro\'cd By
Gary Putaansuu
Transportation Services
Senior Project Manager
Transportation Engineering l!lnd
Construction
3/13/20062:49 PM
Date
Approved By
Kevin Hendricks
Transportation Services
Right Of Way Acquisition Manager
TEeM-ROW
3113:2006 4:44 PM
Oate
Approved By
Na;eh Ahmad
Transportation Services
Director
Transportation Engineering &
Construction Managanlent
3114/2006 8:58 AM
Date
Approved By
~-
Norm E. Feder, AICP
Date
Transportation S(!rvices
Approved By
Lisa Taylor
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
3/14/20069:42 AM
Manage-me-ntlBudget Analyst
Transportation Administration
31141200611:14 AM
Date
Approyed By
Sharon Newman
Transportation Servicefl
Accounting Supervisor
TranGportation Services. Admin
3116/20069:50 AM
Date
Approved By
Pat LetUlhard
Transportation Services
Executive Secretary
Transportation Services Admin
3/16/200610:11 AM
Date
Approved By
OMB Coordinator
Countr Manager's Office
Administrati....e Assistant
Office of Management & Budget
3/16/200610:25 AM
Date
Approved By
Michael Srnykowski
County Manager's- Office
Mana~lElmenl & Budget Director
Office of Management & Budget
3/16/20063-:11 PM
Date
Appro"'cd By
James V. Mudel
Board of County
CommissionflfS
County Manager
Count;' Manager's Office
3/17120065:28 PM
..-
Agenda Item No. 10C
March 28, 2006
Page 2 of 115
EXECUTIVE SUMMARY
Recommendation to adopt a superseding resolution authorizing condemnation of fee simple
interests for the proposed right-of-way and/or stormwater retention and treatment pond sites,
as well as perpetual, non-exclusive road right-of-way, drainage and utility easements,
temporary construction easements and temporary driveway restoration easements, which will
be required for the construction of roadway, drainage and utility improvements to Santa
Barbara Boulevard from Davis Boulevard to Pine Ridge Road. (project No. 62081)
(Estimated fiscal impact: $5,693,500)
OBJECTIVE: To adopt a superseding resolution authorizing the acquisition by condemnation of
fee simple interests and/or such easements as are necessary for the construction of roadway,
drainage and utility improvements to Santa Barbara Boulevard from Davis Boulevard to Pine Ridge
Road.
CONSIDERATIONS: On November 30, 2004, the Board of County Commissioners adopted
Resolution No. 2004-369 finding public purpose and necessity and authorizing the condemnation of
fee simple interests and/or such easements as are necessary for the construction of roadway,
drainage and utility improvements to Santa Barbara Boulevard from Davis Boulevard to Pine Ridge
Road, hereinafter "the Project."
Since the adoption of the previous resolution authorizing condemnation, staff has noticed the
inadvertent omission of one parcel. As part of the Project, several drainage easements were
identified. These easements are necessary for the proper water management and construction ofthe
Project. The legal description of one of these drainage easements was accidentally omitted and
therefore causes a relatively small but crucial gap in the water management system of the Project.
The attached Superseding Resolution includes all project legal descriptions and eliminates this gap.
Because staff is coming forward with the Superseding Resolution, they have asked the designer to
correct a scrivener's error in another parcel description for clarification.
The Board's previous consideration regarding costs, long range planning, environmental concerns,
safety and alternative routes applied to the project as a whole and encompassed the drainage needs
of the project. The addition of this parcel does not affect the weight or relevance of any of those
factors or require new evaluation or study. The technical memorandum dated October 18, 2004,
which was presented to the Board as part of its previous consideration, is attached hereto.
FISCAL IMPACT: In November 2004, the Fiscal Impact Section of the executive summary for
the previous' condemnation reso lution (Reso lution No. 2004-369) reported to the Board that the total
estimated cost of the right-of-way for the Santa Barbara Boulevard project, from Davis Boulevard
to Green Boulevard (with minor improvements to the Pine Ridge Road intersection), was
$17,266,215. Of that total amount, the executive summary reported that $3,086,215 had already
been spent under previous authority approved by the Board, and that another $14,180,000 would be
required to cover the cost of the remaining right-of-way (including the cost of all real property
rights required for construction of the proposed improvements, as well as all expenses for title work,
real estate appraisals, staff time, and those expenses, such as property owner attorney fees and
Agenda Item No. 10C
March 28, 2006
Page 3 of 115
expert witness fees.) Since that time, another $2,165,076 has been spent on right-of-way, bringing
the total expenditures to date (for land, improvements and severance damages) to $5,25 l,291.
Even though the legal descriptions attached to the superseding condemnation resolution represent
all of the property interests which will be required to construct the project from Davis Boulevard to
Green Boulevard (with minor improvements to the Pine Ridge Road intersection), at this point in
time, the County Attorney's Office has only been asked to file eminent domain lawsuits upon those
property interests required for the Phase One improvements to Santa Barbara Boulevard from Davis
Boulevard to just north of Painted Leaf Lane. The estimated total cost of the right-of-way required
to construct the Phase One improvements, beyond that which has already been spent, is $5,693,500.
Again, this figure includes the cost of all real property rights required for construction of the
proposed improvements, as well as all expenses for title work, real estate appraisals, staff time, and
those expenses, such as property o~er attorney fees and expert witness fees, which the County is
required to pay according to Sections 73.091 and 73.092, F.S.
GROWTH MANAGEMENT IMP ACT: As a capital improvement element in the Five Year
Transportation Work Program, the expansion of Santa Barbara Boulevard from Davis Boulevard to
Pine Ridge Road (Project No. 62081) is a part of Collier County's Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Find that the property described in the attached Resolution is necessary for the project;
2. Adopt the Resolution and authorize the Chairman to execute same on behalf of the Board; and
3. Authorize any budget amendments that may be necessary to implement the collective will of the
Board as evidenced by the adoption of the attached Resolution and the approval of this
Executive Summary.
Prepared By: Lorraine Lantz, Right-Of- Way Coordinator, TECM - Right-Of- Way Acquisition
Attachments: (1) Interoffice Memorandum dated October 18, 2004, from Eugene C. Calvert, P .E.
to Norman E. Feder, AICP; (2) Condemnation Resolution with Exhibit A
,'-
Agenda Item No, 10C
March 28, 2006
Page 4 of 115
MEMORANDUM
DATE:
October 18, 2004
TO:
Norman E. Feder AICP, Administrator, Transportation Services Division
FROM:
Eugene Calvert, Interim TECM Director
SUBJECT: Condemnation Resolution for Santa Barbara Boulevard from
Davis Boulevard to Pine Ridge Road, Project No. 62081
On November 30, 2004, the Board of County Commissioners will consider the adoption of a
Condemnation Resolution for the property interests necessary to implement Capacity
Improvements of Santa Barbara Boulevard from Davis Boulevard to Pine Ridge Road. This
project includes converting existing 4-lane divided roadway to 6-lane divided arterial roadway
from Davis Boulevard to Golden Gate Parkway, and the reconstruction of a portion of Santa
Barbara Boulevard from Golden Gate Parkway to Green Boulevard with 6-lane right of way
footprint. In addition, Radio Road from Santa Barbara Boulevard to Davis Boulevard will be
improved from an existing 2-lane roadway to 4-lane divided roadway. Bike lanes and sidewalks
will be added throughout the project's length. Drainage and intersection improvements will be
implemented. This memorandum contains vital information that the Board of County
Commissioners must consider in adopting this Resolution.
As you are aware, this roadway has been on the County's long-range plan for many years. It has
been the subject of Board meetings, MPO meetings and various other public meetings. This
memorandum shall serve to supplement and recap the documentation previously provided to, or
presentations made to, the Board.
The county attorney's office has advised that the following criteria shall be considered, when
adopting the condemnation reso lution:
Page 1 of3
Agenda Item NO.1 OC
March 28,2006
Page 5 of 115
1. Alternate Routes
The need for additional north-south arterial capacity within Collier County for travel
demands east of Airport-Pulling Road has been identified and studied at the long
range planning level for more than a decade. Due to past and current development
patterns, few alternatives exist other than the existing roadway alignments.
Livingston Road from Pine Ridge to Vanderbilt Beach Road has been opened to 6-
lane of traffic in the past year. The last remaining section of Livingston Road from
Vanderbilt Beach Road to Immokalee Road will be open to traffic late this year.
Future design plans will complete the widening of Collier Boulevard from US 41 to
Immokalee to 6-lane roadway. Santa Barbara Boulevard will be extended from
Davis Boulevard to Rattlesnake Hammock Road. To meet current and future
capacity needs, the only viable alternative is to widen and improve Santa Barbara
Boulevard at this time.
2. Safety Factors
The design of the Santa Barbara Boulevard improvements has been conducted to
meet the standards as defined using the Florida Department of Transportation
(FOOT) Roadway and Traffic Design Standards; the FOOT Plans Preparation
Manual, and related design manuals; the American Association of State Highway
and Transportation Officials (AASHTO) Policy on Design of Urban Highways and
Arterial Streets; the Manual on Uniform Traffic Control Devices (MUTCD); the
Collier County Policy for Access Management for Arterial and Collector Roadways
(Resolution No. 92-442 as amended by Resolution 01-247, dated June 26, 2001); and
the Public Rights of Way Construction Standards Handbook to ensure the safe
movement of people and goods within the project limits. There were no "Design
Exceptions" such as substandard lane widths or median widths identified for this
roadway.
3. Long Range Planning Factors
The Long Range Transportation Plans (LRTP) for Collier County have evaluated the
future travel demand needs using factors such as social impacts, environmental
impacts, costs, safety and provision for alternatives. Since at least the 2010 LR TP
(adopted in 1992), and reiterated in the following updates for 2020 LRTP (original
adopted 1996, updated 1999) and the 2025 LRTP (adopted 2001), the need for
upgrading Santa Barbara Boulevard has been identified. The project improvements
are consistent with current and near future travel demand needs and the availability
offinancial resources.
Page20f3
Agenda Item No. 10C
March 28, 2006
Page 6 of 115
4. Environmental Factors
Long-range planning criteria require the consideration of impacts to environmentally
sensitive areas. Generally, the impacts of roadway construction utilizing existing
corridors have less environmental impacts than new corridors. As such, the section
of Santa Barbara Boulevard from Davis Boulevard to Pine Ridge Road will have
minimal environmental impacts.
The project has been coordinated with both the u.s. Fish & Wildlife Service and the
Florida Fish & Wildlife Conservation Commission. A Threatened and Endangered
Species Survey was conducted with negative findings. The project has also been
coordinated with the South Florida Water Management District (SFWMD) and the
Army Corps of Engineers. A wetland survey was conducted, and wetland areas
along the corridor were flagged. Impacts to these wetlands will be minimal and will
be mitigated, as needed, through "mitigation banking".
Evaluations during the alignment determination phase took more localized
environmental issues into account such as choosing the offsite retention/detention
system ponds and developing the surface water management system. As a result, this
project will use a combination of residential lakes, drainage swales and dry detention
areas for water treatment and attenuation.
5. Costs
Cost to provide for the improvements has been considered from the initial
identification in the adopted LRTP. As the project has been refined during the
design, more specific costs to implement have been developed and considered as part
of developing the financially feasible Capital Improvement Program. The design of
the improvements has been made to maximize the improvement benefit with the
minimum amount of impacts. The project includes a typical six-lane section with
sidewalks and bike lanes on both sides. The Board has approved the typical section
that will be used in this project. The corridor is bounded on the east and west sides
by residential developments, residential homes, a golf course, an elementary school,
a County park, together with commercial properties and undeveloped lots. The road
alignment has gone through revisions to minimize the taking of additional right of
way, and to provide for safe and efficient pedestrian and traffic flow.
Construction on this two-year project is planned to commence in the 4th Quarter of
fiscal year 2005. This project is part of an aggressive acquisition schedule to address
the traffic movement and safety needs of the community.
Thank you for your time and review of this vital information.
Page 3 of3
Agenda Item No. C
March 28, 2 6
Page 7 of 15
RESOLUTION NO. 2006 -
A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE INTERESTS IN
THE PROPOSED RIGHT-OF-WAY AND/OR STORMWATER RETENTION AND
TREATMENT POND SITES, AS WELL AS PERPETUAL, NON-EXCLUSIVE ROAD
RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENTS, TEMPORARY
CONSTRUCfION EASEMENTS AND TEMPORARY DRIVEWAY RESTORATION
EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY,
DRAINAGE AND UTILITY IMPROVEMENTS FOR THE SANTA BARBARA
BOULEV ARD SIX-LANING PROJECT FROM DAVIS BOULEVARD TO PINE RIDGE
ROAD, (CAPITAL IMPROVEMENT ELEMENT NUMBER 56, PROJECT NO. 62081).
WHEREAS, the Board of County Commissioners (Board), on December 16, 2003. adopted
Ordinance No. 2003-67, therein establishing the (annual updated and amended) Capital Improvement
Element of the Growth Management Plan in order to establish priorities for the design, acquisition and
construction of the various capital improvement projects; and
WHEREAS, the design and construction of the expansion of Santa Barbara Boulevard from Davis
Boulevard to Pine Ridge Road (Project No, 62081) is one of the capital improvement projects required
under the Transportation Element of the County's Comprehensive Plan (CIE No. 56); and
WHEREAS, on November 30, 2004, the Board adopted Resolution No, 2004-369 authorizing the
condemnation of property for the construction of the Santa Barbara Boulevard Project; and
WHEREAS, the prior Resolution omitted a drainage easement identjfied as Parcel 804, which
created an inadvertent gap in a drainage easement required for this project;
WHEREAS, the property described in Exhibit "An hereto contains the legal description for Parcel
804 and corrects a scrivener's error in another legal description; and
WHEREAS, the location for construction of the proposed improvements has been fixed by survey
and is collectively represented 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, the Board desires to exercise its right to condemn property for
public purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the six-Ianing
expansion and improvements to Santa Barbara Boulevard between Davis Boulevard and Pine Ridge Road
Agenda Item No. C
March 28, 2 6
Page 8 of 15
(hereinafter referred to as "the Project") is necessary and in the public's best interest in order to protect the
health, safety and welfare of the citizens of Collier County,
AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's long
range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan
for Growth Management, 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, and the costs associated with the design, property rights acquisition, and construction of the
project, as well as public safety and welfare considerations associated with the design and construction of
the project, and various impacts to the environment, 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 "A" attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED 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 "A" to wit: fee
simple title interests and perpetual or temporary easement interests.
AND IT IS FURTHER RESOLVED that all property shall be put to public purposes.
AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately
acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127,
Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "A",
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.
AND IT IS FURTHER RESOLVED that Resolution No. 2004-369 is superseded and replaced in
its entirety hereby,
This Resolution, adopted on this _ day of
and majority vote,
,2006, after motion, second
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
, Clerk
Frank Halas, Chainnan
Page 2
~ ~
EAST 1/2 OF THE t::l ~
~iJl ~ ~:::::l
' ~
NORTHEAST 1/4 OF ~;: ~:;::
THE NORTHEAST 1/4 ~(;') :s ~ (;)
OF SECTION 8 Gi CI) Gi
OR. BOOK 208, to
C
PAGE 19 ~
FEE SIMPLE TAKING
~
',988 SQfJARE FEET ~
PARCEL NO.~ ~
t::l
EAST LINE OF SECTION 8 8 5
9 4
PROPOSED R. 0. W. ~
iJl
~:::::l
~:o!:
WEST 1/2 OF THE ~(;')
NORTHWEST 1/4 OF 0;
THE NORTHWEST 1/4
OF SECTION 9
O.R. BDDK 1087,
PACE 841
,;,*
~-
a 2~
tf.j ~ Item N . 1 C
~ ~ - March 2 , 2 6
I ~ 9 of 15
50 100 200
GRAPHIC SCALE
D,R. BDOK 2390.
PAGE 3098
EXISTiNG 100'
R.O,W.
SANTA BARBARA
BOULEVARD
EXISTING 100'
R,O,W.
LEGAL DESCRfPTTON
BEiNG THE SOUTH 28 FEET OF THE NORTH 103 FEET OF THE EAST 71 FEET OF THE EAST 1/2 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 8. TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER
COUNTY, FLORIDA.
~
~~
~~
~(;')
~
DR, BDDK 244/,
PACE 219
CON TAINING 1,988 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS &- RESTRICTiONS OF RECORD.
EXHIBIT ~
Page...L- ofIi1i.
1) RCMSIO pam I "~I1-03
... NOT, A SURVEY ...
R. P DF[ AL SUR'ffYOR &: MAPPER
FLORIDA REGISTRA LS 15621
NDr VALID UNLESS SIGNED BY THE SURVEYDR AND
SEALED mTH THE SURVEYDR'S EMBOSSED SEAL.
CERFIFlCATE DF AUTHORllAnoN f [B-43
BCARtt<<;S ARC fJASll) ON NORTH
AJIE/ttCAN [)).TlAf (N,AO) lHJ-'ggc
ADJ./SfJI{NT srlllf PJ..4Hf COC1t04NMt
srs-1l1I (CRID) fOR I'/.CJRJ{)A CAST 1m'
LEGEND:
~ PROPOSED R.OW.
R.D. W. = RICHT OF WA Y
O.R. = OFFICIAL RECORDS
PROJECT NO.:
62081 '''''CCC NO. : 101
Wils;nMiller-'~~'-
~. ~ . EcoJr:9It. . SlSWIygrI . ~J.reMoc" . Tranrpor1.lJQ1 Conf/Jfanll
Wtlson.Wlier, ;'Co
~'F<rl~'_'_'T"""
3Oll1WeyUnr,SWlQl.,....__.""" _.F1I_~._, ..._....
1) Rt'rfSED PARCEl., 11-11-01
CLIENT:
Nov 1.3, 2002 ..... 09: 44: 35 U.,lILLERIK \SUR\N6022\Ske~ch Of Descriptions\5ubmiUed\2gg20JS102.dwg
COWER COUNTY 7RANSPORTA TlON,
ENGINEERING & CONS7RUCTlON MANAGEAlENT DIVISION
mLE: SKETCH AND DCSCRIPTlON
8DNG PART DF SF:CTION 8,
TOWNSHIP 50 SOUTH, RANGE: 26 F:AST.
COLL/F:R COUN TY, FL ORIDA
~CJECT NO.~ SHEET HVNBER: FILE NO.:
N6022-002-010- TDHWP /0/ Of" xxx 2GG-203
DATE;
04/2002
~ ~
(;) t:l Di
~::::! :to. ~>::!
EAST 1/2 OF THE ~~ ~ ~~
NORTHEAST 1/4 OF ::E 0..,;::E
THE NORTHEAST 1/4 ~ \J) ~
OF SECTION 8 O:J
0
O,R. 800K 208, ~
PAC[ /9
t:.l
PROPOSED R,o. W. ~ ~
PARcaNO~ , ~
/03' 8 5
WEST LINE OF SECTION 9 75' 9 4
FEE SIMPLE TAKING
Z 772 SQUARE FEET
WEST 1/2 OF THE ~
NORTHWEST 1/4 OF ~~
THE NOR THWES T 1/4 ~~
OF SEC nON 9 ~'-J
U'l
O.R. BOOK 1087,
PAGE 84/
~
~
o >5
~tAm No
March 28,
~
~o 100 200
GRAPHIC SCALE
1 C
6
15
O.R. BOOK 2390,
PAGE J098
EXISTING 10.0.'
R,O,W.
SANTA BARBARA
BOULEVARD
EXISTING 10.0.'
R,Q, W.
~
::tl(;)
p~
;:;:c;")
~
O,R, BOOK 244/,
PACE 219
LeGAL OCSCRIPTlON
BEING THE SOUTH 28 FEET OF THE NORTH 10.3 FEfT OF THE WEST 99 FEET OF THE WEST 1/2 OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 50. SOUTH, RANGE 26 EAST, COLLIER
COUN TY, FLORIDA.
CONTAINING 2,772 SQUARE FEfT MORE OR LESS.
SUBJECT TO. EASEMENTS &- RESTRICTIONS OF RECORD.
EXHIBIT A
Page-L of...J.Q1.
... N(JT'A, SURVEY ...
R. P, Of[, :4L SURV[YOR .t MAPPER
Fl.ORIDA REG/STRA LS 15627
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED m TH THE SURVEYOR'S EMBOSSED SEAL.
CERFlFlCA T[ OF AUTHORIZA TlON I L8-43
BtAI/fHCS AIlE BASCO ON Nf)//TH
~~:::JN~'~rr
SYS1l'M (f;RfO) 'OR Iltl'lrOA CAST ~
LEGEND:
~ PROPOSED R,O.W.
R.O. W. = RIGHT or WA Y
o.R, = OFFICIAL RECORDS
PROJECT NO.: 62081 PARCEL NO. : 102
Wils;nMille,k.RUU-.
I'fomen . ~, . EEcoIqpl> . Sllwycn . L_ _... . ll'nrporl.Uon ConIiJtlnll
Wllaonl.lR1er; "'0.
,.,.,.ForIlo\Wt'SruolI'_.T_
18ll1llloru..llMm'''''''''__'_IIII_'Frl_.s;>II._ -_....
CLIE'lT: COLUCR COUNTY TRANSPORT".TlON,
ENGINEERING . CONSTRUCTION M.4N"'GalENT DIVts/ON
TITLE: SKETCH .4ND DESCRIPTION
BtlNG PART OF SE:CnON 9.
TOWNSHIP SO SOUTH, RANGe 26 eAST,
COLLieR COfJNTY, FLORIDA
D"TE: PROJECT NO.: SHtLf NUMBER: FILE NO.:
04/2002 N6022-002-010- TDHWP 102 OF xxx 2GG-203
1f[VSE(} PMCET. I l1-"-O~
Nov 12. 2002 - \0: 39: 56 LMILLERIX: \SUR\N6022\Sketch Of Oe.wptloos\Submilted\2gg20J.l01.dwg
Agenda Item N. C
March 2 , 2 06
Page 11 f 15
II
II
PROPOSED R.O, w.",. I
\ COUNTRYSIDE AT BERKSHIRE '~
LAKES SEcnON 3, TRACT II,
PLAT BOOK 14. PAGES 6-8
FEE SIMPL
ST
PARCEL 104
RIGHT Of' WA Y
2,714 SOUARe FIT
EXISTING 100' P.O,B.
( R,O, W. N.E. GORNER
OF TRACT II
EAST LINE OF SECTION 5
~
~\
r-
~
~"i
::oi/\ Q
~~I
:=E:<:"l ~
Gig
.~
u,
~-y---
1-
g 2~ ~ 100
~ GRAPHIC SCALE
PART OF OUTPARCEL "C
I
200
~
i/\
::O::::;j
~~
:=E:
~ Gi
~ .
t;:,
""-i
a
~
~
t;:,
'Ii
II
II '"I<SH''' COWONS
i PARCEL "C" ,
! PLA T BOOK 35. PAGES 31 -32 i
i j
II
i I TRACT 'r
! BERKSHIRE lAKES UNIT f1
i PLAT BOOK 14, PAGES 118-120
o.R. BOOK 2214, ~
PAGE 1656 !:>
~
0. R. BOOK 2719,
PACE 937
OUTPARCEL "0"
5 J2
4 JJ
SANTA BARBARA BOULEVARD
EXISTING 100'
R.O, W.
LEGAL DESCRIPnON
P ARca 104
ALL THA T PART OF THE LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2131, PAGE 7959.
B[!NG PART OF COUNTRYSIDE AT BERKSHIRE LAKES SECTION 3, TRACT /I, PLAT BOOK 14,
PAGES 6-8, COWER COUNTY, FLORIDA. AND BE/NG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
BEGINNING A T THE NOR THEAST CORNER OF TRACT 11, COUNTRYSIDE A T BERKSHIRE LAKES, SECTION THREE.
PLA T BOOK 14, PAGES 6-8, COLLIER COUNTY, FLORIDA;
THENCE ALONG THE EAST LINE OF SAID TRACT II SOUTH 01'02'15" EAST 26.17 FEU;
THENCE NORTH 71'15'44" WEST 32.28 FEU;
THENCE NORTH 89'36'22" WEST 729.62 FEU;
THENCE NORTH 01'02'15" WEST 76.01 FEU TO THE NORTH LINE OF SAID TRACT 77;
THENCE ALONG SAID NORTH LINE SOUTH 89'36'22" EAST 760,00 FErr TO THE POINT OF BEGINNING.
CONTAINING 2,714 SQUARE FEET, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD,
EXHIBIT A
**. Page--.2..... of~
LINE TABLE
LINE BEARING
U SO/'02'15"E
L2 N71iS'44"W
L3 N89'36'22''w
l4 NOI'02'15"w
DISTANCE
26.17'
32.28'
129,62'
16.01'
LANCE T. MILLER, SSlONAL SURVEYOR &- MAPPER
FLORIDA REGISTRA nON LS /5627
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED mTH THE SURVEYOR'S EMBOSSED SEAL.
CERFiFlCA rr OF AUTHORllA nON # L8-43
P"""Ecr NO.' 62081 PARCEL NO. ,
LEGEND:
1<><:><><YY<><>1 RIGHT OF WA Y
R.o.W '" RIGHT OF WAY
P.O.8. '" POINT OF BECINNlNG
BrARINGS AN BAstf) ON NORTH
AJ/!/IfCAJI DAIl.II (N."D) IH.J-rm
AD.AJSTl/tNT SlA rr PLANE COfJR()INJ. rr
S'\"S'1l'M (CJnD) FOR FlOl'ifOA lAST lCN[.
REV/SED 9-21-04 L TM
REV/SED 9-29-05 GPRL 1857
CLIENT, COWER COUNTY TRANSPORTA nON,
ENGINEERING de CONSTRUCnON MANAGEMENT DIVISION
TrrlE, SKETCH AND DESCRIPTION
BEING PART OF PARCeL DrSeRIBtD IN
OFFICIAL RECORDS BOOK 2131, PAGE 1959,
COLLIER COUNTY, FLORIDA
PROJECT NO.: $HEtT NU~BE:R: FIlE NO.~
N6022-002-010- TOHWP 104 or XXX 2GG-203
DATE:
04/2002
104-
WilsonMilleik'~W~
,.
PIImor, , ~ ' ~~ . anwj'Orr' LArda<:opoArc/Yloclo . Tr~ CondIn/t
WiltJonIJi/er, klo.
_.FaiIojwJ.s.r_._.r_
3XXJ/WoyLn,QAo~.___._ ~'Fu _-w._ ___
Oct 07, 2005 - 09: 46: 1 J GlAt~DIX' \SUR\N6022\Sketcn Of Desoipticns\Submitted\2gg20Js104-revdw'i!
Agenda Item N . 1 C
March 28 2 06
Page 12 f 15
PERPETUAL SLOPE I
EASEMENT --..~
PROPOSED R,O, w. __..1
\ COUN~YSlDE AT BERKSHIRE
LAKES SECTION 3, ~ACT 77,
PLA T BOOK 14, PACES 5-8
780,00'
PARCEl.. 604 L5
P~PEruAL SLOPE.
I EASEMENT
809 SQUARE FEET
o.R. BOOK 2214, g: O.R. BOOK 2131,
PACE 1555 & PAGE 1959
EXISTING 100'
R,o.W.
~"
~ \
r-
~ ~
r-i'i ~
~ 8;~
/q ~C')
~ ~ ~ ~
. ~ ~
u.,~
o
~
~
~
~ -r---
~ ]
o 2~ 50.00 200
GRAPHIC SCAlE
PART OF OUTPARCEL 'C"
I
I
I
i
I. BERKSHIRE COMItIONS i
. PARCEL 'C" .
Iii PLAT BOOK 35, PACES 31-321
i I
I ,
. ,
I I
I I
I' I
. .
, .
. .
, .
i
~ACT 'F"
z
PLAT BOOK 14, PACES 118-120
O.R, BOOK 2719,
PACE 937
OUTPARCEL "D"
Uhh.....~..___.n.....__.___._~.___...___...~
5 32
4 JJ
SANTA BARBARA BOULEVARD
EXISTING 100'
R,o.W.
LEGAL DESCRIP770N
PARCEL 604
ALL THAT PART OF THE LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2131, PAGE 1959, BEING PART OF COUNTRYSIDE
A T BERKSHIRE LAKES SEcnON 3. TRACT II, PLA T BOOK 74, PAGES 6-8, COLLIER COUNTY, FLORIDA, AND BEING MORE
PAR17CULARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T mE NORTHEAST CORNER OF TRACT 17, COUNTRYSIDE A T BERKSHIRE LAKES,
SEC nON THREE. PLA T BOOK 74, PAGES 5-8, COLLIER COUNTY, FLORIDA;
THENCE ALONG THE EAST LINE OF SAID TRACT 11 SOUTH 07'02'15" EAST 25.77 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE ALONG SAID EAST LINE SOUTH 07'02'15" EAST 5,31 FEET;
THENCE NORTH 71'15'44" WEST 33,27 FEET;
THENCE NORTH 89'36'22" WEST 128.58 FfET;
THENCE NORTH 0/'02'15" WEST 5,00 FEET,'
THENCE SOUTH 89'36'22" EAST 129.62 FEET;
THENCE SOUTH 71'15'44" EAST 32,28 FEET TO THE POINT OF BEGINNING.
LINE
L1
L2
LJ
L4
L5
L5
L7
LINE TABLE
BEARING
50l'02'15"E
501 '02'15 "E
N71'15'44"W
N89'36'22"W
N01V2'15"W
589 '36 '22 "E
57175'44"[
DISTANCE
26.17'
5,31'
33,27'
128,58'
5,00'
129,52'
32.28'
CONTAINING 809,0 SQUARE FEET, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS ~~IT A
*** Page~ of-1.Q1
LEGEND:
'" "" '" '" '" '" "" "I PERPr:rUAL SLOPE E ASEMEN T
kxxx><><>o4 RIGHT OF WA Y TAKING
R.o. W. - RICHT OF WA Y
<<A/I1NQ$AllrBASEV<JNNORfII po.e. = POINT OF BECtNNlNC
_AN DA1tlII (~A.VI II8.l-tlII>
AlMlSTlJCNT sTAIr Pl.ANt eo<:WJINA,..
5rs,.." r_1 'OR fl.()/IJJ)A EAST ZONE.
R[VlSED 9-21-04 L 7M
REVISED 9-19-05 GPRL 1857
CLIENT, COLUCR COUNTY TRANSPORTA TION,
eNGINeeRING de CONSTRUCTION MANAGCMCNT DIVISION
TITLE' SKeTCH AND DCSCRIPTION
BEING PART OF PARCeL DeSCRIBCD IN
OFFICIAL RCCORDS 800K 2131, . PAGE 1959,
COLLlCR COUNTY, FLORIDA
PROJtCT NO.: SH[(T NUM8ER: FILE NO.:
N5022-002-070- TDHWP r04A or xxx 200-203
DATE:
04/2002
LANCE . 'MILLER, SSlONAL SURVEYOR J( MAPPER
FLORIDA R[GIS~ATlONLS 15527
NOT VALID UNLESS SICNED BY THE SURVEYOR AND
SEALED WITH THE SURVEYOR'S EMBOSSED SEAL.
CERFIFleAT[ OF AUTHORIZATION I L8-43
PA'>JECT 1olO., 62081 PARCEL NO. : 604
Wils"nMillei'M'~~-
...
- ,~. ~ . -- 'UndecopeArdVtoo/r . TfflIIporl.IIon CCno<itanIo
Wi'BonMlter. tle.
.....F<rt~. SIn,d. '_'1_
.llQl/loloyLn.NoIOD'""__,,,,,,, _.,.,-..".._ ___
Oct 07, 2005 - 09, 4S, 57 GLAND!X:\SUR\NS022\Sketch Of De,criptions\5ubmilted\2gg203s604.dwg
PARCEL 105
FEE SIMPLE TAKING
\ J72J SQUARE FEET
COUNTRYSIDE AT BERKSHIRE
LAXES SECrTON 3. TRACT 11.
PLAT BOOK 14, PAGES 6-8
~
~ _iJi
c.o r'\.I;;:$
~ ~~
r..s;:e:
,..."'. ~
'" "i ~:
~
,..
0,
'!.
PROPOSED R,o. W
PROPO!P LANDSCAPE & ~
PER1ETUAL EASEMENT, \
OR. BOOK 2/31,
O.R, BOOK 22/4, I PAGE 1959
,,<I "" I
~
00
"'-
~~
",-<::,
",'"'.
~
~
I:::l
............
~ a
,..,
~~
~~
~I:::l
~
\,J'l
[XISTlNG 100' P.O.C.
R OWN. E, CORNER
, . , OF TRACT 1/
[AST LINE OF SECTION 5
5 32
4 J.J
[XISTING 100'
r R.o.W
1
~ ~t"'m No
~ March 28,
~~
o 2~!lO 100 200
OUTPARC[L "s' GRAPHIC SCALE
1 C
6
15
~
::tIlr)
6::::1
'<:
;:e:C')
~
, ,
: PART or OUTPAR ,[L 'c'
, ,
I ,
.1 I
1 ,
" 'TRACT "F"
I:: :: R[ LAKF.<; UNJUL
PLAT BOOK 14, PAGES 118-/20
I ,
.' I
, ,
.1 ,
: BERKSHIRE COMMONS :
I' PARca "C' ,
: PLA T BOOK 35, PACES 31 -32:
, 1
1
,
,
I
I
I
I
I
1
O,R, BOOK 27/9.
PAGE 9.37
OUTPARC[L "D"
SANTA BARBARA BOULEVARD
LEGAL DESCRIP770N
PARCEL /05
ALL THAT PART OF COUNTRYSIDE AT BERKSHIRE LAKES SEcnON 3,
TRACT II. PLAT BOOK /4, PACES 6-8, COLLIER COUNTY, FLORIDA,
AND BONG MORE PARTICULARL Y DESCRIBED AS FOLLOWS;
COMMENCING AT THE THE NORTHEAST CORNER or SAID TRACT II;
THENCE ALONG THE NORTH LINE or SAID TRACT NORTH 89'36'22" ~ST 160,00 FEU TO THE POINT or BEGINNING;
THENCE LEAVING SAID NORTH LINE SOUTH 01'02'15" EAST 14,67 FEET;
THENCE NORTH 89'36'22" WEST 254,04 rEET;
THENCE NORTH 00'23'38" EAST /4.67 rEU TO THE NORTH LINE OF SAID TRACT II;
THENCE ALONG SND NORTH LINE SOUTH 89'36'22" EAST 253,67 FEET TO THE POINT or BEGINNING,
CONTAINING 3,723 SQUARE FEET, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS or RECORD.
~ RIGHT OF WAY TAKING
.R,O w. = RIGHT or WA Y
8f~Altf8loSCO~N"'''' P,o'B, = POINT OF BEGINNING
=::::~l~fk'~1!' p,oc. = POINT or COMMENCEMENT
SYS1!'J/ ICIfJIJ) FOIf fI.tJ/IIDA CAS' ZON!. REVISED 9-21-04 L TM
REVISED 9-19-05 GPRL/IB57
CLIENT, COWER COUNTY TRANSPORTA T70N,
ENGINEERING de CONSTRucnON MANAGEMeNT'DIVlS/ON
TlTLl;, SKETCH AND DESCRIPT70N
BEiNG PART OF COUNTRYSIDE A T BeRKSHIRE LAKES SECTION .3,
TRACT 71, PLA T BOOK 14, PACES 6-8
COLLIER COUNTY, FLORIDA
PROJ~Cl NO.: SHEET NU"'!IER: filE: NO.:
N5022-002-010- TOHWP 105 or xxx 2GG-20J
*** NOT'..4,:SURVEY ***EXHIBIT-Lt
Page~ of-LJ:.)
At SURVEYOR ct MAPPER
FLORIDA REGISTRA LS 15527.'
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED WITH THE SURVEYOR'S EMBOSSED SEAL.
CERFIFlCA TE OF AUTHORIZA nON i LB-43
PROJECT NO.:
620B1 P....CEL NO, , 10S
WilsOnMille,'k-^~'~
,..
_. ' &Qroeoro ,~. . &roo,on . L__. . T__"'~
WioonM.ier, Inc.
_.fa1Io1,<ro._._.r.....
3lQl....,tOlllUolJl.......__.""'" _.'" 1H4H7/I._ ...__
llATE:
04/2002
Oet 11, 2005 - 09:,37; 19 ClANDIX: \SUR\N6022\Sketeh Of Descriplion$\SubmiUf!c1\2qg2035105_rev.(jwg
LINE
LI
L2
LS
LINE TABLE
BEARINC
SOI'02'15'E
N89'J6'22'W
N00"2J'38"[
OISTANCE
14.67'
254,04'
14,67'
LEGEND:
TEMPORARY
CONSTRUcTION EASEMENT
(OURATlON: 3 YEARS FROM
COMMENCEMENT OF CONSTRUCTION)
,PARCEl. 705
TEJ.(PORARY CONSTRUC77ON
EASEMENT
705.0:1: SQUARE FEET
\ t;
COUN TRYSlDE A T BERKSHIRE
LAKES SECTION J. TRACT II, """ L2
PLAT BOOK 14, PACfS 6-8 ~
~~
~~
~.....
~ 0
r>j
~~
R~
::::!t:::t
~
(.r,
O.R. BOOK 2214,
PAGE 1656
O.R. BOOK 21J/.
PACE /959
~
Co
10'"
wOl
Qi~
""e
"'.
'iIIi;'
[XISTING 100' P.O.C.
R 0 W. N.E. CORNfR
, . . OF TRACT 11
[AST LlN[ OF S[CTlON 5
5 32
-# 33
[XISTING 100'
( R.O,W.
1
LEGAL DESCRIPTION
~
/-
D2~~ 100
OUTPARCfL 'B" GRAPHIC SCALE
200
~
~O;
p~
::l:~
l;;
I I
: PART OF OUTPAR CL .C.
, ,
, ,
., ,
, ,
" ,
Ii i
, ,
.: :
. i BERKSHIR[ COMMONS i
I' PARCEL .C" ,
: PLA T 800K J5, PACES J/-J2 :
, ,
., ,
'i :
, I
, ,
, I
I ,
I I
, ,
---------------______1
TRACT "r
OR. BOOK 2719,
PAGE 9J7
OUTPARCEL "D"
SANTA BARBARA BOULEVARD
PARCEL 705
ALL THA T PART or COUNTRYSIDE A T BERKSHIRE LAKES SECTION J. TRACT 1/, PLA T BOOK 14,
PAGES 6-8, COLLIER COUNTY, rLORIDA. AND BEING. MORE PARTICULARL Y DESCRIBED AS rOLLOWS;
COMMENCING AT THE THE NORTHEAST CORNER or SAID TRACT 11;
TH[NC[ ALONG TH[ NORTH LlN[ OF SAID TRACT NORTH 89'36'22" WEST /60,00 rEn
THENCE LEAVING SAID NORTH LINE SOUTH 01'02'/5" EAST 14,67 rEET TO THE POINT OF BEGINNING;
LEGEND:
I"", '" '" '" '" '" "J TEMPORARY CONSTRUCTION EASEMENT
~ RICHT or WAY TAKING
R,Q, W. = RICHT OF WA Y
1If~ All!: BASCiI Ok _11< P,O.B. = POINT or BEGINNING
~:,'~J~:k/~1l' P,O,C. : POINT OF COMMENCEMENT
sYSTtII ICI/JOI roll fl.OIIJ(}A cASr /ON!. REV/SED 9-2/-04 LTM
REV/SED 9-19-05 CPRL/1857
ClI,NT, COWER COUNTY TRANSPORT A TlON,
ENGINEERING 4& CONSTRUCTION MANAGEMENT DIVISION
Tiler, SKETCH AND DESCRIPTION
BEING PART OF COUNTRYSIDE: AT BERKSHIRE: LAKE:S SE:CTlON 3.
TRACT 11, PLA T BOOK 14. PACE:S 6-8
COLLIER COUNTY, FLORIDA
PROJECT NO.: SHE"ET NU...eEIt; FILE NO.:
N6022-002-010-TDHWP 10SA or XXX 2GG-20.J
TH[NC[ CONTINUE SOUTH 0/'02'15" [AST 5.00 r[[T,'
TH[NCE NORTH 89'36'22" WEST 14/.04 rErr;
TH[NCE NORTH 00'23'38" [AST 5.00 rEET;
THENCE SOUTH 89'36'22" EAST /40.9/ FrET TO THE POINT or BEGINNING,
CONTAINING 105 SQUARE FrET, MORE OR LESS.
SUBJECT TO EAS[MENTS AND RESTRlcnONS OF RECORD,
*** NOT, A' SURVEY
***
EXHIBIT A
Page-k... of.J..Q)
OF. Jl.CSURVEYOR ,& MAPPER
FLORIDA REGISTRA L5..{5521 .
NOT VALID UNLESS 'SIGNEO BY THE SURVEYOR AND
SEALEO WITH THE SURVEYOR';; EMBOS'SED SEAL
CERF/FICA T[ OF AUTHORIZA TlON I L8-43
PROJECT NO.:
62081 PARCEL NO, : 705
WilsDnMillerk.~~'~
..
Frvlnon. &-. . EcoIot1i6I. . &nw_. ~_ . Tr"-"",,, ~
WIlBOIlMIer, 011<:.
""Fln~'_'_'I"",
.m>IlIIerLMlo 1lIf1fllJ. "'-lIIl5et._ __. Fv -..". _ __
OI.TE:
04/2002
Oct 11, :W05 - 09: 44: 41 CLANDjX: \SUR\N6022\Skelc" Of DescrrptlOr"l$\SUbmitted\2g920~5705.dW9
LINE
LI
[2
LJ
L4
L5
LINE TABLE
BEARING
SOl '02'15"[
501 '02 '/5 "E
N89'J6'22"W
NOO '2J'38 "E
S89 'J5 '22"[
DISTANCE
14.67'
5,00'
14/.04'
500'
140,91'
EXISTING 100')
R.o.W.
P.O.C.
N. W. CORNER
SECTION 4 5
4
32
JJ
~
""
10"
~...:
....'"
.... -'
7S.00' ......
.},pn4.:.4.JJ. !'i
~
~-
o 25:>0 .00
GRAPHIC SCALE
:~~tem No.
March 28,
I - . ~I 0
200
C
06
15
WEST LINE or SECTION 4
EXISTING 100'
R.o.W.
SANTA BARBARA BOULEVARD
TOTAL 2746.36'
LINE TABLE
LINE BEARING
L1 N8rtlS'WE
L2 S44'J8'44'W
LJ N01V2'IS'W
DISTANCE
9.77'
lJ.65'
9,3J'
PARCEL 106
FEE SIMPLE TAKING
46 SQUARE FEET
'"
'"
!'>>
'"
.....
O,R. BOOK 1983,
PACE 3434
Cl
~
....
'"
."
~
1:6.
~
~
~
......
r--
~
~
~
~
~
....
~
~~
~~
;::;:<;)
~ ~
:.J:.
b
......
a
;r"
~
t:l
SHORES A T BERKSHIRE LAKES,
PHASE TWO-A, PLA T BOOK 32.
PACES 50-61
~
':l;)Vl
~~
;::;:CJ
~
2735,03'
CURVE NUMBER ,
RADIUS~ 85.00
DELTA= 43'44',1'
ARC- 64,89
TANGENT", 34.12
CHORD= 53.32
CHORD BRC. S4473'.52'W.
LEGAL DESCRIP770N: SEE SHEET 106A
REVISED 9-21-05 GPRL!18S7
EXHIBIT A
Page-2. of 1 {) '7
*** NOT A SURVEY ***
PREPARED BY:
LANe T R, P OFf AL SURVEYOR &- MAPPER
FLORIDA R[CISTRA LSl5627
NOT VALID IJNLESS SIGNED BY THE SURVEYOR AND
SEALED WITH THE SURVEYOR'S EMBOSSED SEAL.
CERFlFICA T[ OF AU THORllA TlON I LB- 43
BEA~ ARC IMSCo ON NORTH
AIICRtCAN O"'1lM (N.AD) 'RJ-1J1D
AD.lJSTItIlNr STA TC PLANe CIXW&LWA 1C
SYS1DI r/;lO{J) fOR nORlDA (AST ZON(.
LEGEND:
~ '" '" "''''' ~i EXISTING R,O. w.
kXX><X><X>1 PROPOSED R. 0, W
R.O,W. = RIGHT OF WAY
P.O.8. = POINT OF BEGINNING
PO.C. - POINT OF COMMENCEMENT
PROJECT NO.;
62081
PARCEl NO. ;
106
CLIENT; COLUER COUNTY TRANSPORTA TION.
ENGINEERING 6l CONSTRUCTION MANAGEMENT DlVISION
1ITLE; SKETCH OF DESCRIPTION
BEING PART OF SECTiON 4,
TOWNSHIP 49 SOUTH, RANGE: 25 EAST,
COLLIER COUNTY. FLORIDA
PROJECT NO.:
N5022-002-070- TDHWP
DATE:
04/2002
nL( NO.:
2GG-203
WilsfmMillerk-~Ud~-
"
PIa,.".,.,. ~. ~~. ~. ~ArdiI_. T_Cav<i/.,,~
Wisonl.l&r, "'c.
'"'*' . """.. . SIrul* . .._ . r_
32OOlldoylMllab!Jl.,...._-.,.".""" __.ft: NH4H7fI....._....
Oct 07, 2005 - 09: 50, 29 GLANO!X, \SUR\N6022\Sketch Of Oesc,;ptions\Subm;tted\2g920Jsl06.dwg
Agenda Item No C
March 28. 06
Page 160 15
FEE SIMPLE
INTEREST
LEGAL DFSCRIPTlON
PARcel NO...J..QL
ALL THAT PART OF SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLliER COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 4;
THENCE ALONG THE NORTH liNE OF SAID SECTION NORTH 87'45' 14" EAST 98,44 FEET;
THENCE LEAVING SAID NORTH SECTION LINE SOUTH 02'14'46" EAST 75,00 FEET TO THE POINT
OF BEGINNING;
THENCE ALONG THE SOUTH LINE OF EXISTING RADIO ROAD RIGHT OF WAY NORTH 87'45'14"
EAST 9.77 FEET;
THENCE LEAVING SAID SOUTH RIGHT OF WAY LINE SOUTH 44'38'44" WEST 13.65 FEET TO THE
EAST RIGHT or WAY LINE OF SANTA BARBARA BOULEVARD;
THENCE ALONG SAID EAST LINE NORTH 01'02' 15" WEST 9.33 FEET TO THE POINT OF
BEGINNING.
CONTAINING 46 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
EXHIBIT A
Page-L of.JJD..
REVlS[D 9-2/-05 GPRL//857
R. P. OF[, AL SUf?V[YOR ct MAPPER
LS 15627
NOT VALID UNLESS SIGNEO BY THE SURVEYOR AND
SEALED WITH THE SURVEYORS EMBOSSED S[AL.
CERFlFlCA TE OF AUTHORllA TlON I LB-4J
'CAlllNGS ARr IIA5rD ON .eRD<
Au{RJr;A. DArw (..A.D) IW-III0
AlWS7111:.T sTAIr Pl.ANC CODI/DINArc
srsrru (CIIJIJ) FeR neRft), CAST ZONt.
*** NOT A SURVEY ***
PROJW NO" 62087 PARCEL NO. , 106
Wils;nMillel.'~~'~
PlomorI . ~ . Ec%gIoII . suw,.,.. . LIndoctpt AtdIotoo:fo . TI'IIllpOrloIlon ContUt.""
~,Olc.
,..,. Faf_. _. _ .r..,.
3lQl1l%y~&M1Ql./Iopo;__.__,For~.____
CLOENT: COLLIER COUNTY TRANSPORTA TlON,
eNGINeeRING de CONSTRUCTION MANAGCMeNT DMS/ON
TITLE, LeGAL DeSCRIPTION
BEING PART OF SECTION 4,
TOWNSHIP 49 SOUTH. RANGE: 2S EAST.
COLLIER COUNTY, FLORIDA
DAlE: PROJECT NO.: 5"[(1 NUMBER: FlLE NO.:
04/2002 N6022-002-otO- TDHWP 106A or xxx 2GG-203
Oct 07, 2005 - 09: 54: 15 GLANDIX: \SUR\N6022\SketCh 01 Descrjpliol"1s\Subrnit led\2gg20J~'06A.dwQ
PARCEL 110
FEE SIMPLE TAKING
834 SQUARE FEE
:<:
~
:t!
P.O.B.
I
BERKSHIRE LAKES UNIT t/
TRACT "F~ PARCfL "A
PLAT BOOK 25, PAGE:S 3-4
~
'.-
o 2!!lO 100
GRAPHIC SCALE
Agenda Item No. C
2 06
f 15
~
t:l
.....
o
::tl
~
t:l
;!l
~~
<t><'J
~--:~.....
"ij''''
~.. <:)
. 'b .
~~~~
!';\~
Vi
<.,':A.'
I .
....
.00
COUNTRYSIDE A T BERKSHIRE
LAKES SECTION 3, TRACT II,
PLA T BOOK /4, PAGES 6-8
~
""
5l
"'"
'"
'f.'
BERKSHIRE LAKES UNIT jI
TRACT "F~
PLAT BOOK /4, PAGES 118-120
~
O,R. BOOK 1538,
PAGE 121
OUTPARCEL "B"
,....
~
/'RACT "F"
BER SHIRE LAKES UNIT 11
; PLAT OOK 14, PAGES 118-120
i- 10' UnUTY EASEI/ENT PF:R
. o.R.1l 16/2, PAG( 1872
~ PART OF OUTPARCa .C'
" unl.lTY F:ASEJlF:NT PF:R
o.R.8. 166~ PAG( 48J
I
\...
---I
i-'0' UTILITY EASEJlF:NT PER
; O.R.B. 1612, PAG( 210
I i BERKSHIRE COMMONS
Ii PARCEL "C'
,PLAT BOOK 35, PAGES 31-32
LEGAL OESCRIP710N
LINE
L1
L2
L3
LINE TABLE
BEARING
NOO'23']8'E
S89'36'22"E
500'07'36 "E
DISTANCE
2.39'
227.46'
3,67'
PARCEL 110
ALL THAT PART OF BERKSHIRE LAKES UNIT II, TRACT "F", PLAT BOOK 14, PAGES /18-120, COLLIER COUNTY. FLORIDA.
AND BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF BERKSHIRE LAKES UNIT 'I, TRACT 'F", PARCEL 'A" AS RECORDED IN PLAT BOOK 25. PAGES 3-4;
THENCE ALONG THE NORTH RIGHT OF WAY LINE OF RADIO ROAD SOUTH 89'35'22" EAST 59.93 FEU TO THE POINT OF BEGINNING;
THENCE LEAVING SAID RIGHT OF WAY, NORTHERLY 1.64 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHEAST HAVING A RADIUS OF
40.00 FEET THROUGH CENTRAL ANGLE OF 02'20'54" ANO BElNC SUB TENDED BY A CHORD WHICH BEARS NORTH 38"10'42" WEST 1.64 FEET;
THENCE NORTH 00'23'38" EAST 2,39 FEIT;
THENCE SOUTH 89'35'22" EAST 227.46 FEET;
THENCE SOUTH 00'07'35" EAST 3.57 FEET;
THENCE NORTH 89'36'22" WEST 226.47 FEfT TO THE POINT OF BEGINNING.
EXHIBIT II
Page-...:t... ofJi:.2
CONTiJNING 834 SQUARE FEET, MORE OR LESS,
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
*** NOT A SURVEY ***
CHORD BEARING
N3870'42"W
LEGEND:
R, P OFf AL SURVEYOR "" MAPPER
FLORIDA REGISTRA LS /5627
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED WITH THE SURVEYOR'S EMBOSSED SEAL.
CERFlFlCAT[ OF AUTHORIZATION # LB-43
Od 07. 2005 - 09 54 50 GLANOlx, \SCR\N6022\Skelch Of Desc.ipl'On,\S,bmil<eo\2gg203st10REV dwg REV/SED 10/04/05 GPRL/IB57
PROJECT NO.' 62081 P....CEl NO.' 110 CUENT, COLLIER COUNTY TRANSPORTA710N,
ENGINEERING !it CONSTRUC710N MANAGEMENT DIVISION
T!fLE' SKETCH AND DESCRIP710N
BEING PART OF BERKSHIRE LAKES UNIT #/,
TRACT 'F", PLAT BOOK /4. PAGES 1/8-120,
COLLIER COUNTY, FLORIOA
OATt.: I PROJECT NO.: SHEET NUMBER: FILE NO,:
04/2002 N6022-002-OIn- TnwWP "" no YVV ?I"'I"'. ">"'"7
8[A/ONCS .<RC BASEO ON NCR'"
AJ/{'R1CjN OA TW (N.AD) J96J- fJ90
A/l.AJSTlIfN' STA I[ Pl.ANf COORtifNA I[
S'lSlfM (CR/O) Fm !1.aNfJA EASllONC.
~"'''' '" '" '" '" "l ~'fr~~~~Y CONSTRUCTION
~ RIGHT OF WAY TAKING
R.O, W. = RIGHT OF WA Y
P.G.B, = POINT OF BEGINNING
P.o.C, = POINT OF COMMENCEMENT
Wil"nMUler~'~~~
PiIMen . ~ . Eocq;olo ' ~ . UndocIpe _It . Tr~1lon CMdIn/t
w.~, he.
,....F<rtl/jon._'_.T_
.IMlOB%rL... M%>l..... _"'IlH>l'. ""'" __. Fu HH4HllI' W_ __.aIII
COUNTRYSIDE A T BERKSHIRE ,
LAKES SECnON J, TRACT II, I
PLA T BOOl< /4, PAGES 6-8
I'
II
"
LEGAL DESCRIP770N
~
~
C:>
:;:0
~
~
Agenda Item No. C
,2 06
~ -}--ii~e 18 of 15
~- I
o 2~ ilO 100 200
GRAPHIC SCALE:
~
:!:;~
t1:lc)
~~~~
.D\~e~
;12 ~~f:l
Cl
<.,:a.:'
I .
...
BERKSHIRE LAKES UNIT (,/
TRACT "F~ PARCEL "A
PLAT 8001< 25, PAGES 3-4
PARCEL 710
TEMPORARY CONS7RUC71ON
EASEMENT
11J7 SQUARE FEET
P, O.B.
BERKSHIRE LAKES UNIT 1/
TRACT 'F~
PLA T BOOK /4, PAGES /18-120
~ .~
:-J i:-J
~ :~
TEMPORARY
ONSTRUCTION EASEMENT
OR. BOOK 1538, DURATION: 3 YEARs FROM
PAGE /21 COM ENCEMENT OF CONSTAI ~
OUTPARCa "B" .. .......... """I
~
Vi
~~
!:l~
::E;C)
~
TRACT "F"
BER SHIRE LAKES UNIT 1/
PLA T 001< '4, PAGES /18-/20
1-,0.' UT1I.ITY rASCllfNT PfR
O.R.e, 1612, PAGE 1672
!
i
I M.B. 1612, PAGE 210 .:....j
i BERKSHIRE COMMONS j
Ii PARCEL "C" I
!PLAT BOOK 35. PAGES 3/-32 !
I .
I ,
PART OF OUTPAI?CfL 'C"
5' VTII./TY fASD./rN T P[R
o.R.e. 166'- PAct: 4IJJ
PARCEL 110
ALL THAT PART OF BERKSHIRE lAKES UNIT /1, TRACT "f", PlAT BOOK /4. PAGES /18-/20, COWEI? COUNTY, FLORIDA,
AND BEING MORE PARnCUlARL Y DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF BEI?KSHIRE LAKES UNIT ". TRACT "r, PARCEL "A' AS RECORDCO IN PlAT BOOI< 25. PAGES 3-4;
THENCE ALONG THE NORTH RIGHT OF WAY LINE OF RADIO ROAD SOUTH 89'J5'22" EAST 69,93 FEET;
THENCE LEAVING SAID RIGHT OF WAY; NORTHERLY 1.64 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHEAST HAVING A RADIUS OF
40.00 FEET THROUGH CENTRAL ANGLE OF 02'20'54" AND BEING SUBTENDfO BY A CHORD WHICH BEARS NORTH 38'/0'42' WEST 1,64 FEET,'
THENCE NORTH 00'23'38" EAST 2,39 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 00'23'38" EAST 5,00 FED;
THENCE SOUTH 89'35'22' EAST 227.4/ FEET,'
THENCE SOUTH 00'07'36" EAST 5.00 FEET,'
THENCE NORTH 89'35'22" WEST 221.45 FEET TO THE POINT OF BEGINNING,
LANC, T R, P OFf AL . SURVEYOR .t MAPPER
FLORIDA REGISTRA LS /5627
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED WITH THE SURVEYOR'S EMBOSSED SEAL.
CERFlFlCAT[ OF AUTHORIZAnON I LB-43
Oct 11. 2005 - 09,50 47 ClANOIX, \SU~\N6022\Skelch Of De$c"ptions\SUbmiited\2gg203s710.dwg . /0-05-05 GPRL/1857
PROJECT NO., 62081 .ARCEL NO, '710 CLIENT, COlliER COUNTY TRANSPORT A TION.
-.. ""IL_ ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION
Wils~nMlller' . >nLE: BElNl~NP~F ~~~s~,~fo/Jf!:P~~T #/,
~ TRACT "F". PLAT BOOK 14, PAGES 778-720,
-.. ~. Ec<%gIIt.. ar..,.n .l.Indootpo-.o. T,,,,,,,,,",,IIonCaloAtnll COLLiER COUNTY; FLORIDA
Wi'8MMIer, m.
""'.FG1~'_'_'T"",
oWlBrllrlMlaUl!ll1J.___._ _.",_._ ..__
CONTAINING 1/37 SQUARE FEET, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
*** NOT. A SURVEY ***
,.)::
PREPARED 'BY:
EXHIB.lT A
Page-LL of.J..Q2..
LINE
LI
L2
LJ
CHORD BEARING
NJ8'/0 '42 "W
LEGEND:
1,,><',", '" '" '" """t
kXXX>0<X>f
BCARlNCS ARC BASED ON NORTH
AMCIIICAH DAllIM (H.A.D) /I/JJ-rm
AtwSDItNT STAlE' I'I..ANl r;t)IJ1tDIHA rr
$l'Slrll (CIllO) 'M n()I/J(M lAST lONt
TEMPORARY CONSTRUCnON
EASEMENT
RIGHT OF WA Y TAKING
R, O. W. = RIGHT OF WA Y
P.O,B. = POINT or BEGINNING
P.O,c. = POINT OF COMMENCEMENT
DATC:
04/2002
Ftl.E NO.:
2GG-20J
PROJEct NO.:
N6022-002-010- TDHWP
11
'I
COUNTRYSIDE AT
BERKSHIRE LAKES I
SECnON J, TRACT 11,
PLAT BOOK 14, II
PAGES 6-8 .
II
OR, BOOK 213/./'
PAC[ /959
I,
PARCEL 111
FEE SIMPLE TAKING
1,623 SQUARE FEET
5 J2
4 JJ
~ I OR BOOK /538, PAGE /2/
I OUTPARCCL "S"
'- 10' I,ITIlITr fAS(UfNT PfII
! OR.8. 16/1, PAC< /871
i
i
LIt
~
;:ll~
>::l~
::::::(,")
(;:
i-- 10.' vnUTr fASEUfNT PfR
j OR.8. /611, PAC( 210.
I
i
~ 1\1>
ic; i~
~ I~
~ ;~
~. jr>l
'r!\.> BERKSHIRf COMMONS
~ ,t.; PARCfL "C" !
!>l I;:; PLA T SOOI< JS, PAGES 3/-32;
~ 110 :
......,. n.nnn....L....lJ
I
L3
i
;
I
I
I
!
~
~- I
o 25 $0 100
GRAPHIC SCALE
PART OF OUTPARCn 'C"
.1 C
ch 2 ,2 6
Page 19 of 15
I
200
5' UTlUTr fASEUfNT PfR
o.R,B, /665, PAC( 48:1
TRACT 'F"
'[S UN
PLAT BOOK /4, P. 1/8-120
O,R, SOOK 21/9,
PAGE 931
OU TPARC[L "0"
la' UTiLITY fAS[U[NT PER
OR.8. /612, PAC( 2/0
[XISnNG 100'
R,o.w
[AST LlN[ or S[CTION 32
SANTA BARBARA BOULEVARD
[XISTING 100'
R,o.W.
I
*** NOT A SURVEY ***
PREPARED BY: W/LSONM ,INC,
LEGAL DESCRIPnON
ALL THAT PART OF TRACT "F" OF BERKSHIRE LAKES UNIT /1 AS RECORDfD IN PLAT BOOK /4, PAGES 1/8-/20,
COWER COUNTY, FLORIDA, AND ALL TliAT PART OF SERKSHIRE COMMONS PARCfL "C~ PLAT BOOl< 35, PAGeS
3/-32 COLLIER COUNTY, FLORiDA AND B[lNG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
BEGINNING AT THf SOUTHEAST CORNER OF SAID TRACT "F~'
THENCE ALONG THE SO!/TH LINE OF SAID TRACT "r NORTH 89'3622 IIf"ST 256,63 FEET;
THENCE NORTH OO'07'J6" WEST 6,00 FEET;
THENCE SOUTH 89'36'22" EAST 237.29 FEET,'
THENCE NORTH 6o/J'3S' EAST 21,/ T Fa:T TO THE fAST LINE OF SAID TRACT "F":
THENCE ALONG SAID EAST LINE SOUTH 00'06'58" EAST 14.64 FEET TO THE POINT or BEGINNING,
CONTAINlNC /,623 SOU ARE FEET, MORE OR LESS,
SUBJECT TO EASEMENTS Jt RESTRICTIONS OF RECORD
LINE
LI
L2
L3
LINE TABLE
SEARING
NOO'07'J6'W
N661J'3S"E
SOO'06'58"[:
DISTANCE
6,00'
2/,1/'
/4,64'
EXHIBIT Il
Page....LL. of-.M]
LEGEND:
~" "'- "'-"'- ~"::-l [XISTlNG R,O, W.
I<XX><X><::><:>I RIGHT OF WA Y TAKING
R.O,W. z RIGHT OF WAY
P.OB, ~ paiNT OF BEGINNING
RE'v7SED 9-2/-04 LTM
RE'v7SED /0-0.5-05 GPRL//851
RE'v7SED /0.-/2-05 CPRL//851
CLltNT, COWER COUNTY TRANSPORTATION,
ENGIN~RING &- CONSTRUCTION MANAGEMENT DIVISION
mLt, SKrrcH AND DESCRIPTION
BEING PART OF BERKSHIRE LAKF:S UNIT #/, TRACT "F~ PLA T BOOK 14,
PACES 118-120., COLLIER COUNTY, FLORIDA AND BERKSHIRE Co.MMONS
PARCD. "C': PLA T BOOK 35. PACES 31-J2, COLLIF:R Co.UNTY, FLORIDA
OATE: PROJECT NO.! 5HtET NVUSER; FILE NO.!
04/20.02 N5022-002-01D- TDHWP 111 OF xxx 2GG-20.J
ar. AL SURVEYOR t!I MAPPER
FLORIDA REGISTRA LS /5621
NaT VALID UNLeSS SIGNED SY THE SURVEYOR AND
SEALED WITH THE SURVEYOR'S EMBOSsrD SEAL.
CERFlFlCA T[ OF AUTHDRllA nON I LB-4J
PROJECT NO.;
62081
PAACEl NO. :
MARtN(;S ARE BAsel) ON NORTH
AllCRfCAN OJ. ruu (N.A.D) 'W-I'9O
AtMJSTIIlNf stAll' PLANt COORIJINATf
srsrru (CIllO) rrJI/ n..... CAST lONC.
111
WilsonMilleiM.~Ud'--
'"
FloMon . ~, . EcoIoQiII, . _fOrI . LandocIpo Ardil.." . Tr_d"" C<inouIIIIl~
WIsonMiIar,nc.
... .Fati/yfn._. _.r....
olal?8dlyLn,QbIfX).Noiol__."... _'Ffl_. _ ..._.""
Oct 12. 2005 - 09: 57: 17 CLAND!X; \5UR\N6022\Sketch Of D~scr;~ tions\SlJbmitted\2g~203s1i '~n!v.dw9
SANTA
BARBARA 5 J2
BOULEVARD 4- JJ
P.O.B.
. If. CORNER
o TRACT '0'
SHORE:S A T
BERKSHIRE
L [S, PHASE
oo-A
It)
8
:t
r-
~
....,
~
?q
("")
::::!
~
~
o.R, BOOK 1983,
PAGE 3434
~
iJ)
~;:::!
~<:
:::;;(;)
(;{
l:<l
~ ~
iJ) ""
~::-l -
~~ ..:
::E (;) ~
2:;;. "
~
<."
~
~
~
o
~
~
t'l
[XISTING 100'
R, 0. W.
~~tf!mN 1 C
~ March 28, 2 6
~f15
GRAPHIC SCALE
~S T LlN[ OF SEe TION JJ
[XISTlNG 100'
R.o.W.
<1:
8
d
~
~
'"
!>:>
~.
~
....
g
<::.'
....
r>l
'"
~""
~~
..: .
....
<::i
....
r>l
'"
....
!>>
~
PARCEL 112
FEE SIMPLE TAKING
14202 SQUARE FEET
\rJ
\>1~
.- o.l
"->0,
~~.
,.,,'
SHORES A T BERKSHIRE LAKES,
PHASE TWO-A, PLA T BOOK 32,
PAGES 60.-61
ALL PROPo.SED R.O. W. FALLS
mTHIN TRACT "D~
PRESERVA nON AREA AND
DRAINAC[ CASEMENT
PROPOSED R.o. W.
~
~
EXHIBIT;1 _
Pa~ / d. of-Lfl..
~
~~
q~
....,.
LANe T R, P OFE :4L SURVCyo.R &: MAPPER
FLORIDA REGISTRA LS 15627
NDT VALID UNLESS SIGNED8Y THE SURVE:YOR AND
SEALED 'MTH THE SURVCYDR'S EM8DSSED SEAL.
CERFIFlCAT[ DF AUTHORIZAnDN I L8-43
PROJECT NO.:
BCAIffNCS Mt BASCO ON NORTH
=:N~::JN~'~rr
srsrrl/ (CRIO)I'OR f1.ORIOA CAsr lONe.
-.. NOT A SURVEY _.-
LEGEND:
~ ""'" ""'" "'''''21 EXISTING R. O. W.
~ PROPDSED R,O,w.
R,o.W. - RIGHT OF WAY
P.O,8. = POINT OF BEGINNING
62081 "ARCE' NO. , 112
Wils.Millei-'~--
FlaM.rr . ~ . fcoIcgim . Qnwl'"l" . LIncloc:opt NdWcIo . TI-..."....1Icn Cor&IIMfr
~..~
_'Fa1~'_'_'T_
32OO1IIIoy~SIoICO''''''__IllIl''''''' _.'" _.___
REVISED 9-21-0.5 GPRL/1857
REVISED 6-21-0.5 L TM
REVISED 9-21-04 L TM
C"t:NT, COWER COUNTY TRANSPORT A nON,
ENGINeeRING 4& CONSTRUCT70N MANAGEMENT DIVISION
TITLE, SKETCH OF' DESCRIPTION
BriNG PART OF SHORES A T BERKSHIRE LAKES PHASr TWO-A.
PLA T BOOK 32. PAGES 60-61,
COLLIeR COUNTY, FLORIDA
PROJtCT NO.: SHErr ~u..aER; FlLE NO.:
N6022-002-010-TDHWP 112 OF XXX 2GG-20J
Ocl 07. 2005 - 09,58; 36 GLANOlx, \SUR\N6022\S,etch Of Oe.cription.\5ubm;lted\2g9203.1l2_rev.dw9
OATt,
04/2002
Agenda Item N . 1 C
March 28 2 6
Page 21 f 15
FEE SIMPlE
INTEREST
PARca NO. II ~
LEGAL DESf;RIP770N
ALL THAT PART TRACT "0" ACCORDING TO THE PLAT OF SHORES AT BERKSHIRE LAKES, PHASE TWO-A, COLLIER
COUNTY, FLORIDA, AND BDNG MORE PARTICULARL Y DESCRIBED AS FOLL OWS;
BEGINNING AT THE SOUTHWEST CORNER OF SAID PLAT AND THE SOUTHWEST CORNER OF TRACT "0" PER SAID PLAT;
THENCE ALONG THE WEST LINE OF SAID TRACT THENCE NORTH 00'07'01" WEST 38,52 FEET,'
THENCE LEAVING SAID WEST TRACT LINE THENCE SOUTH 54'06'04" EAST 25.02 FEET;
. THENCE NORTH 8744'04" EAST 346,58 FEET,'
. THENCE SOUTH 83'16'34" EAST 51.20 FEET;
THENCE NORTH 8744'04" EAST 241.93 FEET,'
THENCE SOUTH 84'57'41" EAST 120,35 rEET TO THE SOUTH LINE OF SAID TRACT "0";
THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 8T45'14" WEST 779.58 FEET TO THE POINT OF BEGINNING,
CONTAINING 14,202 SQUARE rEET MORE OR LESS.
SUBJECT TO EASEMENTS ,& RESTRICTIONS OF RECORD,
EXHIBIT A
P8ge...LL ofJ.Q] .
REVISED: 9-21-05 CPRL/1857
.R, -p OF[ AL SURVEYOR &0 MAPPER
LS 15627
NOT VALID UNLESS SIGNED BY THE SURVEYOR ANO
SEALED WITH THE SURVfYOR'S EMBqSSED SEAL.
CERFlFlCArE OF AUTHOR/lAnON I LB-4J
BfARINCS ARC SASlD ON NOlI III
AJlC1I!CAN OATIM (N.AD) '-"-"10
AD.lJStll(NT STAir PL~ C'OCI'ONAI!
SI'S'tIi (GRlDI rCl/ """"" (.s' ~
*** NOT A SURVEY ***
PROJECT NO.: 62081 PARCEL NO. : 17 2
Wils"nMillei'k-~w,~
...
Pk1rM. . ~. . Ecdosllrll . &rwl<n ' Landocope Ard>fec/o . Tr_ CotwWnIo
WiecnYtler, Inc.
_.l'a1lo\W>'_._.r_
=1Wor....8h$XJ,___.__.FIl~.___
WE"', COLU~R COUNTY TRANSPORT A TlON,
~NGIN~~RING de CONSTRUCTION MANAG~M~NT DIVISION
TlTeE: LEGAL D~SCRIPTlON
BEING PART OF SHORES A T BERKSHIRE LAKES PHASE TWO-A,
PLAT 800K 32. PAGeS 61-62,
COLLIER COUNTY, FLORIDA
[M.1E: PROJECT NO.: SHeET NU....SER: FlU: NO,:
04/2002 N6022-002-010-TDHWP T12A or XXX 200-203
Oct 07, 2005 - '0: 00: 14 CLANDjx: \SUR\N6022\Sketch Of Descriplions\SllbmiHed\2gg2031' 2o-rev.dwg
3
I: I ~
.1 ~
. I :.;:
~
~.
~
,.
-::l
c
~
Q;l:l
O_1::t:l
~~~
~;:
::0):,; ~
-o~ ~
s: r>'I ~
..::::1~ '"'.J
~
~n
~<
:t.:
t"'< PERPETUAl."
NON-txa.u9W; ROAD
~~IK,I:~fDpARCEL NO. J j:3
1. SI.IJARE FlE'f
GERMAN WOODS, I ~
PLA T BOOK 23, PAGE 62 : I g
II tI)
PROPOSED I I n
DRAINAGE ~ 1 ~
EASEMENT . I ~
I
I
I
2
501.48' (PLA r)
1
...
'!.
EXISTING 100' EASEMENT
FOR R. O. W. PURPOSES
(PER PLA T)
500.81' (PLA T)
GOLDEN CA TE: UNIT 7.
PLAT BOOK 5, PAGES 135-145
~
J229
JJ 28
~
...-:;..;;;:::
~ _m~ ItAm N. C
~ -, - March 28 2 06
~f15
o as aD 100 200
GRAPHIC SCALE
GOLDEN GA TE: ESTA TES UNIT 30,
PLAT BOOK 7, PAGE 58
717
117.1
PROPOSED
R.O. W. EASEMENT
LEGAL O~CR'PTlON
BEING THE ~ST 47 FEfT OF THE EAST 100 FEET OF THE SOUTH 160 FEET OF LOT " GERMAN WOODS, PLA T
BOOK 23, PAGE 62, COLLIER COUNTY, FLORIDA.
CONTAINING 7,520 SQUARE FEU MORE OR LESS.
SUBJECT TO EASEMENTS &:- RESTRICTIONS OF RECORD.
EXHIBIT -6....
Page...!!L ot.J..Q1
... NOT. A SURVEY ...
"
'R, p, OFE.. J1L SURVfYOR 4l MAPPfR
FLORIDA REGISTRA LS /5627
NOT VALIa UNLfSS SIGNCO BY THE SURVf:YOR ANO
SEALED WlTIi Tlif SURVf:YOR'S fA/BOSSED SEAL.
CERFlF/CA TE: or AUTHORIZA TlON I LB-4J
81:_ ARC /lo4U ON /lOR'"
~~::r3~1F
SISI[II (II/ID) 1UI1t-. rm lONt
PROJeCT "0., 62081 "ARC" NO, : 11.3
Wil.nMille'.'~uw-
-'~'f!ccIopiofr '--'l.rIldocIpo- '~c:.n..m.
~tIc.
""'F<rflOn '-'_.r...
lIl1B11or!MlaNrIOD'-'___'/lr:rIr -.rIC."" 1lHCH7lI.___
LEGEND:
"'''' '" '" "<"-. '" "J ff.b~~N~AStMfNT
~ PROPOSED
R,O,W. EASEMfNT
R.O.W. '" RIGHT or WAY
C_ltNT, COI.LJER COUNTY 1RANSPORTA TlON,
ENGINEERING . CONSTRUCTION MANAGEMENT DIVISION
TIT1.t: SK[TCH AND DESCRIPTION
SEING PART OF LOT I,
GERMAN WOOD~ PLA T BOOK 23. PAGE: 62,
COLLIER COUNTY, f"LORIDA
c.yt, PROJECT NO" SHErr NUU8E~: FN.E NO.,
04/2002 N6022-002-OID-TDHWP 113 OF XXX 2GG-203
Jul 11, 2002 - 08: 24, Jl JNAPIERlx, \SUR\N6022\Sketch Of Descr;pt;ons\Submitted\29920JS11J.dwg
~ PROPOSED I : ~~2~,2
0
<;;b 2 DRAINAGE ~ I ... ~DMr ')1 f
EASEMENT . I
q~ GERMAN WOODS, I
-:--.~~ 0 2~ 50 '00 ~oo
PLA T BOOK 23, PAGE 62 . I I GRAPHIC SCALE
~~ . 1 ~
::\j ),; ~ 501,48' (PLA T)
!;') ::.:; 717 717.1
r- ~ r~
~~ t.lj
'-'VI
~ . ~
~52 I I ~
~ PERPrnJAL. J I ~
;-. ~<: 'ON-EXQ.JJS'rF ROAD . I ~
~. ~
~ t'-< .0. w.. DlWNAGE. AND . I ~ GOLDEN GA TE ES TA S UNIT 30,
~ \ UTlUTY EASEMENT I "i PLA T BOOK 7, AGE 58
.;::!. '4lM>> SIJJNIE FEET I -
32 29
33 28 160'
}~, 8,
160'
EXISnNG 100' EASEMENT
FOR R. O. W. PURPOSES
(PER PLA T)
500.81' (PLA T)
23
t",)
~ I
I:::; I I
I I
:... I I
~ I I
I 2 I 3
J I I
~ I I
I I
;'l! DA VlD L',4 WRENeE PRE-SCHOOL
I I
22
LEGAL DESCRIPTION
BEING THE Vlf"ST 100 FEU OF SOUTH 160 OF SEcnON 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA SHOWN AS GOLDEN GA TE CANAL PER GOLDEN GA Tf ESTA TES UNIT 7, PLA T BOOK 5, PAGES
135-146, COLLIER COUNTY, FLORIDA,
CONTAINING 16,000 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRlcnONS OF RECORD.
EXHIBIT A
P8(I8.J5:.... ofJ1li
... . NOT A SURVEY...
PREPARED BY:
R, 'P OF[ AL. SURVCYOR J& MAPPER
FLORIDA REGISTRALS 15621
NOT VALID UNLESS SiGNED BY THE SURVEYOR AND
SEALED VrlTH THE SURVCYOR'S EMBOSSED SEAL.
CERFlFlCA T[ or AVTHORIZA nON I L8-43
LEGEND:
~ PROPOSED
R,O, w. EAS[MENT
R.O, W. = RIGHT or WA Y
/IEARtNfi5 ARC BAsco ON NORJH
AJIC//ICAJIllAlUlI (/<AD) INJ-IHD
AD.IJSllIDIr srAlr PlA/IE ~11:
st'S1I>I (ClflDJ "'" 111"'11' CAST lONE.
PROJeCT NO.; 62081 P....CCI, NO. , 11.,.
Wil.Miller--~Ud-
I'Iomon . ~ . Iioa/Q;;III . ar..,..,. . UndIcope""-"'- . T_ Cond....
WIIorMIer, Inc.
_'I'<r1IOW1'_'_.T_
121>>1lIiIr~"'I/l1}.___,__.Fu~.___
CWENT; COLUER COUNTY TRANSPORTA T1ON.
ENGINEERING . CONSTRUCT1ON WANAGEJlENT DIVISION
mu:: SKE:1CH AND DESCRlPT10N
8EING PART OF SEcnON 28.
TO'MISHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA
DATE: "ROJECT NO.1 SHEET HUlIIB!]l: nLE NO.:
04/2002 N6D22-002-010- TDHWP 774 OF XXX 2GG-20.J
Jul 11, 2002 - 08: 42: 52 JNAPIERIX: \SUR\N6022\Skelch Of Descriplions\Submltted\299203s114.dwg
c;')
o
t'-4
t3;t;:j
qt'!.1
~~ ~
"1:1_
-\ti~ c;')
"1:1 ~ :to:
r- '-3
~~ ,.....
-....::. \,t) '.J
~
~~
"""'1;<:
~
t'-4
PROPOSED I :
2 DRAINACE~ I
EASEMENT " I
GERMAN WOODS. I
PLA T BOOK 23, PAGE 62 . I I
,[ ~
501.48' (PLA T) I fii:
! I ~
~
, I
" I
I
~~~ltemN.1 C
~ -} March 28 2 6
~ ~4 f 15
o 25 IW) 'DO 200
GRAPHIC SCALE:
1
777 ~ 7771
r;;;; eX/STING 30' eASel.(, NT
I FOR R.O, W. PURPoses P R PLA T
eXISTING 10' [ASCI.(, NT
, FOR DRAINAG[ PURPOSES feR PLA T
COLDEN GA TE ESTA TfS UNIT 30,
PLA T BOOK 7, 1AGE 58 , , _
"1"'-
SANT~ BARBARA
BOULEVARD
FEfiUSJ~~1ffrNG GOLDEN GA TE UNIT 7,
N.00'07'35"w' 734.04' PLAT BOOK 5, PAGES 135-146
EXISTING 100' EASEMENT
FOR R.o. W. PURPOSES ReEL NO
(PER PLA T) PA "
22
~
~
:..
~
~
;lIIII
P.O.C.
S,[, CORNCR
OF LOT 1
---I
23
\..~
0:::
-:::. S,03'33'01"[.
I
126,98' L2 i BLOCK 269 i
I I
lf1l'ltJUf~rtGE 2 i
aR.B. 962. PAGE j66 I
I I
I I
DAvlO LAWRENCE PRE-SCHOOL
I I
4
3
P.O.B.
1
LEGAL DESCRIPnON
ALL THA T PART OF LOTS 1 AND 2, BLOCK 269, GOLDEN GA TE UNIT 7. PLA T BOOK 5, PAGE 135-/46, COLLIER
COUNTY, FLORIDA, AND BEING MORE PARnCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE SOUTHEAST CORNER OF SAID LOT I;
THENCE ALONG THE SOUTH LINE OF SAID LOT SOUTH 87'53'54" M:ST 99,26 FEET,'
THENCE NORTHWESTERL Y 1,95 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCA V[ NORTHEASTERL Y HA VlNG A
RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 04'28'28" AND BEING SUB TENDED BY A CHORD WHICH
BEARS NORTH 89"50'45" wrST 1,95 FEET TO THE POINT OF BEGINNING;
THENCE NORTHWESTERL Y 39,90 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCA V[ NORTHEASTERL Y HA VING A
RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 97'27'17" AND BEING SUB TENDED BY A CHORD WHICH
BEARS' NORTH 41'52'52" M:ST 35.80 FEET,'
THENCE ALONG THE WEST LINE OF SAID LOTS NORTH 00"01'35" wrST 134,04 FEET;
THENCE LEAVING SAID M:ST LOT LINE NORTH 89'52'25" EAST 4,61 FEET;
THENCE SOUTH 19'02'33" EAST 35,94 FEET;
THENCE SOUTH 03'33'01' EAST 126,98 FEET TO THE POINT OF BEGINNING,
EXHIBIT--L
Page~ of~
CONTAINING 2,164 SQUARE FEET MORE OR LESS,
SUBJECT TO EASEMENTS & RESTRlcnONS OF RECORD,
, \ ;,"
**. -NOT'A ISURVEY ***
I,'
" ../1. "
PREPAf?pO BY: 'WlL ONM
) I'
;.:'}
Curve number 7
Curve number 2
Rodiusa 25.00
Dello= 04'28'28"
Arc= 1,95
Tongen/= 0.98
Chord= 7,95
Chord Brg, N. 89 '50 '45 "w.
Rodius~ 25.00
Del/o= 9/'27'/7"
Arc= 39,90
Tongenl- 25,64
Chord= J5.80
Chord 8r9, N. 41 '52'52"w'
LINE TABLE
LEGEND:
.K><X><X><><><l PROPOSED R, a, w,
R.o. W = RIGHT OF WA Y
p.a,s, ~ POINT OF BEGINNING
P.o.C, = POINT OF COMMCNCEMeNT
ORB. = OFFICIAL RECORDS BOaK
Line Bearing Dislonce
LI N.89'52'25"[ 4,6/'
L2 S,/9'02'33''[, 35,94'
LJ S.87"53'54"W 99,26'
R, A OFf AL SURVEYOR !< MAPPER
FLORIDA RfGISTRA :'S ,5627
NOT VALID UNLeSS SIGNED 8'1' THe SURVEYOR AND
SEALED WITH THfSURVEYOR'S EMBOSSED SEAL.
CERF/FlCA T[ or AUTHORIZA TlON I LB-43
BtARWGs AIf{ SAStb ON NORTH
AlICIIJCAN IlA IUII/N.H) 1183- /lJO
A/).JJS1JJfNr srAJr Pl.AI-E C/Jf'Jif:MIAlf
StS1F.w (faD) 'OR nORfDA ~AST ZONe.
PROJEC' . NO. 62081 PARCEL NO. : 115
WilsOnMille,..RU.-
,..
".,...,., , ~, . ~ . -,.". , L.IndocIpo ArcHttdl . T~.IIan~"
~,ne.
,.,. .M"", _ ._. T"",
.IIlIllllllr!","II1J.,..__,,,,.., _.p,,_,_ ..__
I) ADOlO RCFfFlCNCl TO BLOCK 269 - SKlTCH d: I1'GAL J-T-06
CUEN': COWER COUNTY TRANSPORT A TlON,
ENGINEERING 4& CONSTRUCTION MANAGEMENT DIVISION
mCE: SKETCH AND DESCRIPTION
BEING PART OF LOTS 1 AND 2. BLOCK 269,
GOLDEN GATE UNIT 7, PLAT BOOK 5, PAGE 135-746,
COLLIER COUNTY, FLOR/DA
DATE: PROJECT NO.: SHEn NUl.ISEfIl: fiLE /110.:
04/2002 N6022-002-070- TDHWP 115 or xxx 2GG-20J
J.l(Jr 01, '006 10: ?J: 27 LMIlI.ERIX;\SUR\Nf.022\Skelc:h Of Oescript;ons\Submillnd\2gg20:\<;!15.dwg
,
329,JO' (PLA T)
I 117 177.1
2 II SOUTH 150' NORTH 180'
~ II OF TRACT 17 7, OF TRACT 117
~
'-l II ~
t:o~ <lQ
a~ ll: IfW ....
~~ !'::>
NO. '<>
""~ ~ ....
s: ~
!--<~ : I .;::! :..
~g .;::!
~V) I
V) PR~ PfRPrnJAL.
~ NON-EX! US/lIE ROAD
I R.O,w., 'AlNAGE. AND
uTlUrr EASB/ENT
,,11I FEET
.' --"
P.O.B.
P.O.C.
S.E. CORNER
OF TRACT 1/7
EAST LINE OF SECTION 29 GOLDEN GA TE UNIT 7,
PLAT BOOK 5, PAGES /35-/46
-=----:-:-
1
2
3
GOLDEN GA TE CITY UNIT 7,
PLA T BOOK 5, PAGES /35-/46
BLOCK 269
~ ~tem No
~~28,
~
M,OO 200
GRAPHIC SCALE
C
06
15
~
o 2~
GOLDEN GA Tf ES7: TfS UNIT 30,
PLA T BOOK 1, PAGE 58
116
115
PROPOSED
R,o.W. EASEMEil
-"-"
EXISTIN 53' EASEMENT
FOR R, ,w. PURPOSES
(P R PLA T)
SANTA BARBARA
BOULEVARD
5
6
LEGAL DESCRIPl10N
ALL THAT PART OF THE SOUTH /50 FEET OF TRACT 117, GOLDEN GATE ESTATES UNIT 3D, PLAT BOOK 7, PAGE 58, COLLIER
COUNTY. FLORIDA, AND BClNG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 117. A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49
SOUTH, RANCE 26 EAST, COLLIER COUNTY. FLORIDA;
THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 89'38'22" VrfST 53.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 89'38'22" I1€ST 7/.85 FEET,'
THENCE LEAVlNC SAID SOUTH TRACT LINE NORTH 00'/7'37" I1€ST /2.47 FEET,'
THENCE NORTH 77'39'37" EAST 38,84 FEET;
THENCE NOR THERL Y 11 0.84 FEET ALONG THE ARC OF A CIRCULAR CUR V[ CONCA VE I1€S TERL Y HA VlNG A RADIUS OF
2,928.00 FEU THROUGH A CENTRAL ANGLE OF 02'/0'08" AND BEiNG SUBTENDED BY A CHORD WHICH BEARS NORTH
07'02'09" WEST 110.83 FEET.'
THENCE NORTHERL Y /9.55 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCA II[ EASTERL Y HA VlNG A RADIUS OF 3,06/.00
FEET THROUGH A CENTRAL ANGLE OF 00'2/'57" AND BEiNG SUSTENDED BY A CHORD WHICH BEARS NORTH 07'56'/5" I1€ST
/9.55 FEET,' EXHIBIT II
THENCE NORTH 89'3"5'" EAST 49,9/ FEET,' f7
THENCE SOUTH 00'07'35" EAST /50.09 FErr TO THE POINT OF BEGINNING. Page-Ll.. of.JQ
CUR VE TABLE
NO. RADIUS DfL TA ARC TANGfNT CHaRD CHORD BEARING
/ 2928.00' 02'/0'08' 1/0.84' 55.43' 1/0.83' N.07'02'09'W.
2 305100' 00'21'57" /9.55' 9.77' /9.55' N.07'55'15"W.
CONTAINING 6,696 SQUARE FEU MORE OR LESS,
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
... NOT A SURVEY...
PREPARED BY:
LINE TABLE
Line Bearing
LI S.89'38'22"W.
L2 S,89'38'22"W.
LJ N.0077'37''W,
L 4 N. 77'39'37"[,
l5 N.89'J/'5/ 't.
Ois/once
53.00'
7/,85'
12,47'
38.84'
49.91'
R, P OFE Al SURVF:YOR &: MAPPER
FLORIDA REGISTRA LS /5627
NOT VALID UNLESS SIGNfO BY THE SURVF:YOR AND
SEALED WITH THE SURVF:YOR'S EMBOSS[D SfAL.
CERFlFlCA TE or AUTHORIIA nON I lB-43
OCARINCS ARE BASED ON N(IlTH
ANlRtCAN l10I rw (N.A.D) JH)-tHe
AfMJSTl/CNr Sr,4TC f1f.N€ COOItOINAlC
S,,1tII (C1IItJ) fOIl fttR/{JA (AST ~
PROJECT NO.' 62081
PARCEl. NO. :
116
LEGEND:
I""""""""""" "" 'i VbS~NlASfMENT
~ PROPOSED
R,O. W. EASEMENT
R. O. W. = RIGHT aF WA Y
p,a,c. = POINT aF COMMENCEMENT
p.a.B, = POINT or BEGINNING
Wils;nMiller-'~~"~
I'l8MIo'> . ~ . E<:oioQoOfv . Slno)<n . ~ArdVI_ . Tr~.""" Ccw>Ic.IJcnI,
Wisonl./k; Inc.
_''''''~'_'_'T_
:PJl8doyLw,abJaJ.___._ _."" fH4H7I._...-...
ClI(NT, COLLIER COUNTY TRANSPORTATION,
ENGINEERING .t CONSTRUCTION MANAGEMENT DIVISION
TnlE, SKF:TCH AND DESCRIPTION
BONG PART OF THC SOUTH ISO' OF TRACT 177,
GOWEN CA TE CSTA TES UNIT JO. PLA T 800K 7, PACE 58,
COLLICR COUNTY, FLORIDA
DAlE: PROJECT NO.: SHEeT NUMSER: F"IlE NO.:
04/2002 N6022-002-010- WHIM> 116 OF XXX 2GG-203
Nov 12. 2002 - 1 J; 29; 05 LMILLERIX: \SUR\NS022\Sk'tch Of Oesc,;pt;ons\Svbm;lled\2gg20J.1I6.dwg
--1->
~ 2 :1
:t.
~~ II
C)~
~:.,; L
N<:: _
~@I II
~tJ)
Vi
R; 1
329.30.'
(PLA T)
117
117.1
~
o ..
~... ~ltemN. C
~ -, March 28 2 6
~6 f 15
~ 1~ 2~
GRAPHIC SCALE
SOUTH 150'
OF TRACT 117
NORTH 180'
OF TRACT 117
~
~
,J{1
GDLDEN GA TE EST. TES UNIT 3D,
PLA T BaOK 7. PAGE 58
~
:..
.;:!
PARCEL
~
'"
~
~
:..
.;:!
116
114.1
iL..
PRDPDSED
~o..w. EASE~E7l
"" ...
~ !<>
g~
(7)
;!:
~
~ ~
~ ~
-- - . .
[XISTIN~53' EASEMENT
FDR R. . W PURPOSES
(P R PLA T)
SANTA BARBARA
BOULEVARD
EAST LINE aF SECTIDN 29
1
2
3
5
6
LEGAL DESCRIPTION.
ALL THA T PART OF THE NORTH 180. FEET OF TRACT 117. GOLDEN GA TE ESTA TES UNIT 30, PLA T BOOK 1. PAGE
58, COLLIER COUNTY, FLaRIDA, AND BEING MORE PART/CULARL Y DESCRIBED AS FDLLDWS;
I
GaLDEN GA TE CITY UNIT 7,
PLAT BaOK 5, PAGES 135-146
BLOCK 269
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 117, A POINT ON THE EAST LINE OF SECTION 29,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA;
THENCE LEAVING SAID EAST SECTION LINE. AND ALONG THE NORTH LINE OF SAID TRACT SOUTH 89'31'51" WEST
53.00 FEU TO THE POIN T OF BEGINNING;
THENCE SOUTH 0.0.'0.7'35" EAST 180..00 FEET,'
THENCE SOUTH 89'31'51" WEST 49,91 FEET,'
THENCE NORTHERL Y 180..89 FEET ALONG THE ARC OF A CIRCULAR CURl([ CONCA I([ EASTERL Y
HAVING A RADIUS OF 3,0.61,0.0. FEU THROUGH A CENTRAL ANGLE DF 0.3'23'0.9" AND BEING SUBTENDED BY A
CHORD WHICH BEARS NDRTH 0.6'0.3'41" WEST 180,86 FEET.'
THENC[ ALONG THE NORTH LINE OF SAID TRACT NORTH 89'31'51" EAST 68.61 FEET TO THE paINT OF
BEGINNING,
CONTAINING 10.,829 SQUARE FEU MORE OR LESS.
SUBJECT TO. EASEMENTS &- RESTRICTlaNS OF RECDRD.
EXHIBITL
Page-1l... of.JQ1..
.."'NOT A SURVEY...
CURVE NUMBER /
R. P. orE ~L SURVEYOR 4' MAPPER
LS #5627
NOT VAUD UNLESS SIGNED BY THE SURVEYOR AND
SEALED WITH THE SURVEYOR'S EMBOSSED SEAL.
CERFlFlCA TE OF AUTHORI!A nON # LB-43
Rodius- 306/,00
Delta: 0.3'23'0.9"
Arc: /80.89
Tongenl: 90.41
Chord- /80.86
Chord Br9. N.o.6'o.3'41'W,
LEGEND:
h. '" '" '" "''''''' "1 ~XbS~N~ASEMENT
~ PROPOSED
R.o. w, EASEMENT
R.o.W = RIGHT OF WAY
PO.B. : POINT OF BEGINNING
p. 0 c. ~ POIN T OF COMMENCEM[N T
BfARfNCS ARC BASED ON NORTH
AMeRICAN DA1lIiI (N.A.D) 1I8J-IHD
AD.AJSD/ENT STAir PI.AI€ COI:Il1f/1INArr
M1I:M ICRfO) rat fl(JR1!IA (AS' lOHr.
PROJECT NO.:
62081 ."CEL NO. , 117
WilsqnMille;:'K'~~'-
PIA...... . ~ . E~ . s....,...., . l_ Ar1:Moclf . Tl'IIllpl>'1."", CoMIlonIt
WUonl.lller. Inc.
,.,.,. ""'ll'n . __. _ .1.
iIlalllll:yl.ll,.UoIO/J'NooliI.__J'""", __'Fe _571._ __"'"
/) R[VlS[D BEARING DIRECTION PER COUNTY REQUEST 6-29-05/LTM
CLIENT, COLUER COUNTY TRANSPORTA nON,
ENGINEERING &: CONSTRucnON MANAGeMENT DIVISION
TITLE, SKETCH AND DESCRIPnON
BEING PART OF THE NORTH 180' OF TRACT 117.
GOLDEN GATE: ESTATE:S UNIT JO, PLAT BOOK 7. PAGE 58.
COLLIER COUNTY, FLORIDA
PRQJi:CT NO.: SHEET NIJ""SE:Ft: F"IL[ NO.:
N6022-o.02-010- TDHWP /17 OF xxx 2GG-20J
DATE:
04/2002
Jun 29. 2005 - 08: 31: 0::'. UvlILLFJ~!x; \SUR\N5022\Sketch Of Descrrp1ions\SlJbmdIEld\2gg203s117.dwg
I
I
GOLDEN CATE: ESTATE:S:UNlT 3D,
PLA T BOOK 7, PAGUS 58
I
1
NORT't ISO' OF TRACT 116,
I TRACT 115,
I
SOUTH 180' OF TRACT 114
I
I~
IN
I~
I .
I~
I~
I.;::!
I
I
I PROPOSED I
f.o.W. EASEM~N~3- . . _ , . _ . . _ . , __
~ I
~ I
;,,: <..: I
~ ~ I
. ;. I
330.00' (PLA T)
00 116
...
s::>
117.1 <0
.....
~ SOUTH 180'
"" OF TRACT 116
.;::!
NORTH ISO'
OF TRACT 116
-"
P.O.B.
~ ~lt"'mN. C
~ -, ~ March 28 2 6
~7 f 15
200
114.1
CURVE NUMBER 1
RADIUS- 306/,00
DEL TA= 03'22'20.
ARC- 18Q 16
TANGENT", 90./7
CHORD- 180,13
CHORD BRG. N,02'40'S7"W.
-
P.O.e.
SE CORNER
OF TRACT 1/6
EXISTING 53' EASEMENT
FOR R.ta. w. PURPOSES
(PER PLAT) EAST LINE OF SECTION 29
SANTA BARBARA BOULEVARD
GOLDEN GA TE UNI T 7,
PLAT BOOK 5, PAGES 135-146
3
4 5 6 7
GOLDEN GA TE CITY UNIT 7, PLA T BOOK 5, PAGES 135-146
8
BLOCK 269
9
LEGAL DESCRIPTION
ALL THA T PART OF THE SOUTH 180 FEET OF TRACT 116, GOLDEN GA TE ESTA TES UNIT 30, PLA T BOOK 7, PAGE
58, COWER COUNTY, FLORIDA. BDNG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE SOUTHEAST CORNER OF SAID TRACT 116, A POINT ON THE EAST LINE OF SECTION 29,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA;
THENCE LEA VlNG SAID EAST SECTION LINE, AND ALONG THE SOUTH LINE OF SAID TRACT 116 SOUTH 89'31'51"
OCST 53,0.0. FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 89'31'51" WfST 68.61 FEET,'
THENCE LEA VING SAID SOUTH TRACT LINE NORTHERL Y 180,16 FEET ALONG THE ARC OF A CIRCULAR CURVE
CONCA V[ EASTfRL Y HA VlNC A RADIUS OF 3061,00 nET THROUGH A CENTRAL ANGLE OF 03'22'20" AND BEING
SUB TENDED BY A CHORD WHICH BEARS NORTH 02'40.'57" WEST 180.13 FEET,'
THENCE NORTH 89'31'51" EAST 16.65 FEET,'
THENCE SOUTH 00.'0.1'35" EAST 180.,0.0 FEU TO THE PO/NT OF BEGINNING.
CONTAINING 13,233 SQUARE FEU MORE OR LESS.
SUBJECT TO. EASEMENTS & RESTRICTIONS OF RECORD.
... NOT A 'SURVEY...
PARcel NO. II g
,__". if
R, P OF[ AL SURVEYOR &- MAPPER
FLORIDA REG/STRA LSI5627
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED WITH THE SURVEYOR'S EMBOSSED SEAL.
CERFIFICA TE: OF AUTHORllA nON I LB-43
BfARINCS Nt! lWilo ON N()R".,
AJIfINCAN OAlUJI (N.A.D) IH.)-IIJO
AD.AJS1IICNr STATE "'AN! CfJ()R/)INA P[
sO'S"" (GR1O) roll n-.. CAS' lOHC.
..ROJECT NO.: 62081 PARCEl NO. : 118
Wil.MiIIBi-'~~"~
,.",."",., . ~ . Ewio(1fIf . &.noolQ'l , ~_ . T"""""",,,,,, CanM".,
WRBanWIer, he.
JO,;oo.FlIrl......_._.r_
3/Dl1loloylM,.uo2flJ.___.""", _,,., WI-UJ-5l16._ ___
EXHlBlTA
Parle1LfiJD
LEGEND:
"'~ '" '" '" '" "\~ ~~b~~N~ASEM[NT
~ PROPOSfD
R.O, W. [ASEMEN T
R.O,W. = RICHT OF WAY
P.O,8. .. POINT OF BEGINNING
P,O.c. = POINT OF COMMENCEMENT
C"ENT, COUJER COUNTY TRANSPORTA TlON,
ENGINEERING ~ CONSTRUCTION IJANAGENENT DIVISION
TIT,,: SK~ AND DESCRIPTION
BEING PART OF THe SOUTH 180' OF TRACT 116,
GOLDeN GA TE: eSTA rrs UNIT JO, PLA T BOOK 7, PAGe :!8,
COLLIER COUNTY, FLORIDA
DATt: PROJECT NO,: $HEET HuYSER: FILE "'0.:
04/2002 N5022-002-0I0- TOHM' 118 OF xxx 2GG-203
No... 1.J. 2002 - 10: 55: 51 LM1LLERI'X: \SUR\N6022\Skelch Of Ocscriptions\SUbmilted\2gg20Js118.dwg
JJO.OO' (PLAT) JJo. 00' (PLA T) JJO.OO' (PLA T)
I
GOLDEN GA h:- ESTA TES UNIT 30,
TRACT 115 PLA T BqOK 7, PAGES 58
116 I 114
I
114.1 I ~
~ I
I
NORTH 150' OF TRACT 116, I ~~
~: ~ !:
TRACT 115, 19l ~~
~~ ~ . I c .
~~ NORTH 150' '::>. SOUTH 180' OF TRACT 114 ~: SOUTH 180' .~
OF TRACT 116, ~ ~I Oq TRACT 114, ~~
~~ . PROPOSED PERPETUAL, PARCEL Nb. ~
);: NON-EXCLUSI'vf ROAD ( I C')
C') I """i
"""i R.O.W., DRAINAGE. AND I -
- I -
~ U77UTY EASEMENT I ""
,]9,978 SQUARe FEET I
N. '.J~'o5' I
.J.I..],], Co I N.OO'07'J5"w' 216,81'
N, 0"07']5"11( 259.87'
.130.01
EAST UNE OF S.00"07'.J5'c, GOLDEN GA TF: UNIT 7,
SEC770N 29 PLAT BOOK 5, PAGES 135-146
5
6
8
9
10
11
7
GOLDEN GA TE CITY UNrT 7, PLA T BOOK 5, PAGES 135-146
LEGAL DESCRIPTION
ALL THAT PART OF THE NORTH 150 FEET OF TRACT 116, TRACT 115, AND T1{E SOUT1{ 180 FEET OF TRACT 11"1, GOLDEN GATE ESTATES
UNIT JO, PLAT BOOK 7, PAGE: 58, COLUE!? COUNTY. A.ORIOA, ANa BaNG MORE PAR71CULARL)" DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNE!? OF SAla TRACT 115. A POINT ON THE fAST UNf or: SEC710N 29. TOM/SHIP "19 SOUTH,
RANGE 26 EAST; COWER COUNTY. FLOR1DA;
THENCE: ALONG SA1D SECTION UNE SOUTH 00'07'.J5" EAST 150.DO FEET;
THENCE LEAVING SA1a SECTION UNf SOUrH 89'.J1'51" Hn'T 5J.DO FEET TO T1{f POINT OF BEGINNING;
THENCE SOUTH 89'31'51" Hf:ST 76,65 FEET;
THENCE: NORTHERL)" "16. "18 Fm' ALONG THE ARC OF A CIRCULAR CUR'If CONCA 'If EASTERL)" HA VlNG A RADIUS OF J, 061. 00 FEET
THROUGH A CENTRAL ANGLE OF 00'52'12" AND BaNG SU8TENDED THROUGH A CHORa WHICH BEARS NORTH 00'3.1'41" IIf'ST "I6A8
FEET,'
THENCE NORTH 00'07:3'5' IIf'ST 10J.52 FEET;
THENr:t ALONG SOUTH UNf OF SAID TRACT 115 SOUTH 89'31'51" IIf'ST 8.00 FEfT;
T1{ENCE: LEAVING SAla SOUTH TRACT UNE NORTH 00'07'J5" Hn'T 259,87 FrrT;
THENCE NORTH 1 J'21 '05" EAST .1"1..1.1 FEET;
THENCE NORTH 00'07'.15" IIfST 216.81 FEET;
THENCE NORTH 89'31'51" fAST 4J.00 FEET,'
T1{ENCf SOUTH 00'07'.15" EAST 180.00 FEET TO THE NORTH UNf OF SAla TRACT 115,'
THENCE LEA VINe SAla NORTH mACT UNf SOUTH 04'.J8'00" EAST JJO,87 FEET TO T1{E SOUTH UNf OF SAID TRACT 115;
THENCE ALONG SAID SOUTH mACT UNf NORTH 89'.Jl'51" EAST 8.00 FEET;
THENCE LEA VlNG SAID SOUT1{ mACT UNf SOUTH 00'07'.J5" EAST 150.00 FEET TO THf POINT OF BEGINNING.
BLOCK 269
EXHIBrT~
Page-2Q... of-Kl
CONTAINING .19,978 SQUARf FEET MORE OR LESS.
SUBJeCT TO EASEMfNTS ct ResmIC'TTONS OF RECORD,
REVISED 06-01-0"1
*** NOT A SURVEY ***
CUR'If NUMBER 1
~
~
o 2ll GO '00
GRAPHIC SCALE
r--
J
I
200
LEGEND:
'" '" '" '" '" '" ~ "1 ~~(f.~N~ASEMENT
~ PROPOSED
[YYYVV'VV"1 R. O. w, EASEMfNT
R.O.W. - RIGHT OF WA)"
P.O.B. .. POINT OF BEGINNING
P.O.c. .. POINT OF COMMENCfMfNT
O.R.B. - omClAL RfCORDS BOOK
PARCaNO,: 119 cUOO: COLLIER COUNTY TRANSPORTATION.
~1.M1~ -- -......- ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION
r/l, ,/1, rar mu;: SKETCH AND DE:SCRIPTlON
.4 .4 U4 stINe; PART OF NORrH 150' TRAcr 116, TRACT 115, It SOUrH 180' TRACT 114,
-'---"Eoa/:lpIIII.an.,..r..I.nIoIpo~.~~ GOLOfJ'/ GATF:ESTA~ UNITJO, PLAT800K 7, PAGe 58,
~. he. COWER COUN7Y, FLORIDA
,.,.,../lrt....'_._.. DATE: P",^,ECT NO,: SHEET HUMBER: FlLE NO"
-...,Ial...J:ll.....__.__.""_.__ 04/2002 N80.22-002-010-TOHWP 119 Of xxx 2GG-203
~n 11, 2004 - 1~:22:4J LJ.I1!.l.ERlX:\SUR\Nao22\S1celdl Of 0-.1ptlono\Submltlod\2gg20301'i.d''ll
RADIUS- J061.oo
DEl TA- 00'52'12"
ARC- 46. #!
TANGENT- 2:1.24
CHORD- "16. "18
CHORD BRG. N.OO'JJ'''I1"W.
_ ARClI4.D a(-"
~~::m~...
SWIIl/ r-J fr1Il'U1111A fAST llJII;
PROJE:t:T NO.:
EX/snNC 5J' EASEMENT /
FOR R. 0, W. PURPOSES
(PER PLA T) SA NT A
GOLDEN CA TE: UNIT 7, BO
PLA T BOOI< 5, PACES 135-146
v
28 ~ ~
. 13 1
f!!: .
:;;~
"< ).
..::l
27
2
26
25
PROPOSED I
R,O,W. ~ I
3 \
I
24
BLOCK 23D
GOLf)[N CA TE CITY UNIT 7.
PLAT BOOK 5. PAGES /35-146
BARBARA
EVARD
~ ~ltemN.1 C
L4 J - March 28 2 6
--'9 f 15
'r,I'- L::::::::l
o 2~ 110 100 200
GRAPHIC SCALE
EAST LINE or
SEcnON 29
c"
_6i' _ _ ~'-
NO. / JQ.
P.O.B.
N,E, CORNER
or LOT 1
BLOCK 228
COLDEN GA TE: CI TY UNIT 6,
PLAT BOOK 5. PAGfS 124-134
;:ll
:..
-.c)
"'R
~~
P>~
~f;l
~
Vl~
--.
~$'\
~
~
~
"tlC
:x:.t""
~t:::l
~~
~
"<~
~
UNE 7A81.E
LINE LENGm BEARING
1I J6.0/ r.
L2 101.'9 'w
LJ 6/.38 'w
L' 50.16 r.,'w
L5 125.69 . 7
CURIf: LENGTH IiA{)/US
CI 7. I' 00'
CURIf: /ABLE
DEL 7A IANCEN7 CHORD BEARING CHORD
7/' 7' 2J.J9 N. 7 . J..,6'
LfGAL DfSeRt? TlON
ALL THA T PART OF LOT " BLOCK 230, GOLDEN GA TE CITY UNIT 7, PLA T BoaK 5, PAGES 735-146, COLLIER
COUNTY, FLORIDA, AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
BEGINNING A T THE NORTHEAST CORNER OF SAID LOT 1;
THENCE ALONG THE EAST LINE OF SAID LOT 1 SOUTH 0.0.'0.7'35. EAST 36.0.1 FEET,'
THENCE LEAVING SAID EAST LOT LINE SOUTH 8878'36" WEST 102.49 FEET,-
THENCE SOUTH 50.'33'28" WEST 67,38 FEET TO THE WEST LINE OF SAID LOT 1;
THENCE ALONG WEST LINE OF SAID LOT 1 NORTH 0.0'07'35" WEST 50.26 FEET.'
THENCE CONTINUE ALONG SAID LOT NaRTHEASTERL Y 37.61 FEET ALONG THE ARC aF A CIRCULAR CURVE
CDNCA V[ EASTERL Y HA VlNG A RADIUS aF 25,0.0. FEET THRaUGH A CENTRAL ANGLE DF 8671'57" AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 45'12'39" EAST 34,76 FEET.'
THENCE ALONG NORTH LINE aF SAID LOT 1 NDRTH 88'78'37" EAST 125,69 FrET TO. THE PaINT o.F BEGINNING.
CONTAINING 6,167 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF REcaRD.
EXHIBIT ;/
Page..dL. of IO!
*** NOT A SURVEY ***
LANe. T R; .f?, orE. :4[.' SUR'r[YOR ct MAPPER
FLORIDA REG/STRA LS 15621.
NOT VALID UNLESS SICNED BY THE SURVEYOR AND
SEALED 'MTH THE SURVEYOR'S EI.I80SSEO SEAL,
CERFlFlCA 7E ot AUTHORIIA nON I L8-43
PROJECT NO.:
LEGEND:
~ PROPOSED R.O. W.
R.o.W. = RIGHT OF WAY
P,O.8, = POINT OF B[c/NNING
IlMINGS ..... lAD 1M _TN
AMEI/ICAN/M/II/I(N.A.I)) ffIIJ-lWJ
ADN$1II[I(r stAIr PL<NC Cl1OIDWo4rr
SJS/l1I (_1_ 11_ CAST Z/JNC.
62081 PARctL NO. , 122
Wils;nMilleik'~~-
_. ~. Eo%giIlI. a...,..... ~_. ~CllIUriI
~tlc.
_,Rlrtlil'n'_'_'_
_...,tM>oa.l2l.,...__._ _.""'_.___
REVISED 9-21-04 L TM
cum COLliER COUNTY TRANSPORTA TlON,
ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION
TITLE: SKETCH AND DESCRIPTION
BEING PART Of' LOT '. BLOCK 230,
GOLDEN GATE CITY UNIT 7, PLAT BOOK 5, PAGE:S /35-/46.
COLLIER COUNTY, FLORIDA
PROJECT NO.: SHEE1 NUWBER: riLE NO.:
N6022-002-0/0- TDHWP /22 OF XXX 2GG- 20.3
Sop 22. 2004 - '4: 17: 28 UIllLERlx: \SUR\N6022\Skelch Of O...",;pHonl\Submll\*<l\29920JI122-.ndw9
DATE:
04/2002
COLDEN CA TE UNI T 7.
PLAT BOOK 5, PAGES 135-145
EXISTING 53' EASEMENT ./
FOR R.O, w. PURPOSES
(PER PLA T) SANTA
BO
BARBARA
EVARD
EAST LINE OF
SECTION 29
~ _Mtem No C
~ r<.;h 28, 2 06
Page 30 f 15
~ I
o 2~ 50'00 200
GRAPHIC SCALE
28
""-
~. )
ill: 1
::;;
"'<
125.01' (PLAT)
_62. _
_ EP'-
26
;;::;
l:>
g.2
~
:>.
-:::t
TAKING
FEET
27
I~~
25
125.07' (PLAT)
PROPOSED .
R,o.~ ~
~ c;J
....'
1:Xl~'.'~O
~~ :b. b
",~ ~~
~~ ~~
~~ ~
;;::;:::< .... c;J
'1"'" .....:t..
~ ~
SLOCK 228
GOLDEN GA TE CITY UNIT 6.
PLAT BOOK 5. PACeS 125-134
24
BLOCK 230
COLDEN GA TE CITY UNIT 7,
PLAT BOOK 5, PAGES 135-146
LEGAL DFSCRIP71O/1{
BEING THE NORTH 36 FEET OF LOT 2, BLOCK 230, COLDEN GATE CITY UNIT 7, PLAT BOOK 5, PAGES 135-146,
COLLIER COUN TY, FLORIDA.
CONTAINING 4,320 SOUARE FEET MORE OR LESS
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
EXHIBIT A-
~ }d, oUq).
,;
I,'~
.~~ /fOXi A' SURVEY ...
R, P OFE IlL SURVEYOR .t MAPPER
FLORIDA REClSTRA LS 15627
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED WITH THE SURVEYOR'S [MBOSSEO SEAL,
CERFIFlCA TE OF AUTHORIZA TlON I LB-43
LEGEND:
~ PROPOSED R,O.W.
R,O, W. = RIGHT OF WA Y
SCARINCS NIt BAS!ll ON 1/01I'"
=,,;,:::nfk'~1l
SJ'S7CIi r_1 rotI n-... CASr rONE.
PROJECT NO.:
62081 ....en NO. , 12.J
WilS;nMille"~'~~'-
-. ' ~ . Ecc/ogIo" . lU>o,.... . ~ ArdiIocII . 1l"--"1i<n COMIlIII/f
W/lICItlI.I/Ier,Inc.
,.,...flrIlil'ft._ .!h_.r"",
:t2roSlllyu..,IibKiO,N/p8I._3ItIHSIl._ 1f_.FIt _._ ....__
1) REVISeD LeGAL 2-21-05
CLIENT: COLLJER COUNTY 7RANSPORTA nON.
ENGINEERING . CONSTRUC71ON UANAGEMENT DIVISION
TITLE: SKETCH AND DescRIP710N
BEING PART OF LOT 2. BLOCK 230.
GOLDEN GATE CITY UNIT 7, PLAT BOOK .5. PAGES 135-/46.
COLLIER COUNTY, FLORIDA
PROJECT NO,r Sl1EtT HUWetR: F'Il.t NO.:
N6022-002-010- TDHWP 123 or XXX 200-203
OAT!:
04/2002
Fob 21, 2005 - 11: oB: 57 LM1LLERIX: \SUR\N6022\Skolch Of OoscripbonS\Submillod\299203.123.dW9
EX/STING 53' EASEMENT /
FOR R,o., W. PURPo.SES
(PER PLA T)
BARBARA
EVARD
EAST LINE or
SECT/ON 29
~
~
o 2~
~tAmNO 1 C
March 28, 6
~O 15
!lO.OO 200
GRAPHIC SCALE
COLDEN GA T[ UNIT 7.
PLAT BOOK 5, PAGES 135-145
~.
:...
,....
,....
'"
"'"
)
_6J.: _ _ g,-
~ ~
..... ,...,
co~ ..... '0.,.)
~~ ~b
.o,~ ::r;, ~
~~ ~~
~~ ~
~ ~,...,
~; ~~
I
~ ~
BLOCK 228
GOLDEN GATE CITY UNIT 6,
PLAT BDOK 5, PAGES 125-134
28
"
27
PROPOSED
R.o.W
2
26
25
~
;;:;
",
8.3
BLOCK 230
GaLDEN GA TE C/ TY UNI T 7,
PLAT BOOK 5, PAGES 135-/46
LEGAL DESCRIPTION
BEING THE NORTH 36 FEET OF LOT 3, BLOCK 230, GOLDEN GA TE CITY UNIT 7. PLA T BOOK 5, PAGES 135-146,
COLLIER COUNTY, FLORIDA.
CONTAINING 4,320 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
EXHIBIT A
Page2.i.. of..J.Q2.
... NOX:"A.t SURVEY ...
LANe r R, P OFE AL SURVEyaR &: MAPPER
FLaRIOA REG/STRA LS'15627
.f. .
NaT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED mTH1HE7 SUR,VEyoR'S EMBaSSEO SEAL.
CERflflCA T[ OF AUTHaRfZA TlaN I L8-43
LEGEND:
~ PRopaSfD R.O,W.
R.o. w. = R/GHT OF WA Y
BfARINCS ARt BASal ON NOR7H
NilRICAN..,1lM (N.AD) 'IW-IHD
AlMIs1JltNr STAll' PUN! C'tICRD/NA1f
S'I'S/!lI (CR1D) rDIIllGlOllA CAST 1_.
PROJECT NO,:
62081
PARCCL. NO. :
124
I) REVlSfD LEGAL 2-2/-0.5
CLIENT, COUJER COUNTY 7RANSPORTA nON,
ENGINEERING ~ CONSTRUCTlON MANAGEMENT OMS/ON
Tltc(, SKETCH AND DESCRIPT10N
8F:INC PART OF LOT J, 8LOCK 230,
GDLOF:N GA T[ CITY UNIT 7, PLA T 8DDK 5, PAGES 135-/46,
COLLIeR COUNTY. FLORIDA
WilS;nMillei'.'~~~
- ' ~ . Eco/c9II1 . ~ 'LIIldooapeNclilo<* . T.....".n.... Cotw.if..1I
WisonMIer. k1e.
IiI(a .I'ot1/1rn' _. _,,_
=lloIIrl.MO\9.b:xrJ'~__,_ _.Fat JfH4HlfI._ ..._....
[)AlL:
04/2002
PROJi:.CT NO.:
N6022-002-01O- TOHWP
Feb 21, 2005 - 1140: 28 l.MllLERIX: \SUR\N6022\Sketch 01 Descr"lpl\ons\Submitteo\Z9920Js124.dwg
GOLDEN GA TE UNI T 7.
PLAT BOOK 5, PAGES 135-146
28
"
~
::..
~
,.,
-.:
1
27
PROPOSED I
R. 0. W. """'\ :
2 \
I
26
BLOCK 230
GOLDEN GA Tf CITY UNIT 7.
PLAT BOOK 5, PAGES 135-146
25 \ 3
125.01' (PLAT)
24
~
!':>
8.4
~
:..
~
125,07' (PLAr) \
5
(.1,1 SANTA BARBARA
~I EO LEVARD
~ ~ltemN
~ March 2
'J- ~2
o 2& &0 100 200
GRAPHIC SCALE
. C
2 06
f 15
EAST UNE OF
SEC110N 29
I
_6.f _ _ ~'-
~ c;')
....~ C
~~ ~b
p,;;) ~ t::t.:l
~~ >: ~
~~ ~
-::; c;')
~p, -< ~
I
~ ~
BLOCK 228
GOLDEN GA 7E CITY UNIT 6,
PLAT BOOK 5, PAGES 124-134
LINE TABLE
Unf1 Bearing
U 5.00'01'35"[,
L2 5. 88'18'36'W.
L3 N.00'07'35"w'
L4 N.88'18'3r[.
Distance
35.23'
64.05'
36.00'
120.00'
TAKING
FEET
I/)5
CURVE NUMBER 4
RAOIUS,. 2016.00
DELTA,. 01'35'27"
ARC- 55.98
TANGENT,. 21,99
CHORD: 55,91
CHORD BRG. 5.81'J0'53"w'
LEGAL DESCRIPTION
ALL THA T PART OF LOT 4, BLOCK 230, GOLDEN GA TE CITY UNIT 7. PLA T BOOK 5, PAGES 135-146, COLLIER
COUNTY, FLORIDA, AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
BEGINNING A T THE NORTHEAST CORNER OF SAID LOT 4;
THENCE ALONG EAST LINE OF SAID LOT 4 SOUTH 00'01'35" EAST 35.23 FEET;
THENCE LEAVING SAID EAST LOT LINE SOUTHWESTERLY 55.98 FEET ALONG THE ARC OF A CIRCULAR CURVE
CONCAVE NORTHERLY HAVING A RADIUS OF 2,016,00 FEfT THROUGH A CENTRAL ANGLE OF 01'35'27" AND
BEING SUBTfNDED BY A CHORD WHICH BEARS SOUTH 87'30'53" ij[ST 55,97 FEfT.'
THENCE SOUTH 88'18'36" WEST 64.05 FEET TO THE WEST LINE OF SAID LOT 4;
THENCE ALONG SAID ij[sT LOT LINE NORTH 00'07'35" WEST 36,00 FEET.-
THENCE ALONG NORTH LINE OF SAID LOT 4 NORTH 88'18'31" EAST 120,00 FEU TO THE POINT OF BEGINNING,
CONTAINING 4,319 SQUARE FEU MORE OR LESS,
SUBJECT TO EASEMENTS &: RESTRICTIONS OF RECORD,
EXHIBIT A
Page2.L of.Jf2.
R, P. OFE Ai SURVEYOR J( MAPPER
FLORIDA REGISmA is 15627
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED WITH THE SURVEYOR'S [MBOSSf:O SEAL.
CERFlFICA TE OF AUTHORllA 110N 1 iB-43
""OJECT NO. 62081 P....CfL NO. , '25 CUENT: COUJER COUNTY TRANSPORTA TlON.
JMl.M';j~ -... ......- ENGINEERING. CONSTRUCTION IiIANAGElIENT DIVISION
'. ,. rar TITLE: SKETOI AND OESCRIPTlON
.1 .J Uj Bc:tNG PART OF LOT ". BLOCK 2.JO,
-..~.~._,.....~- .~""~ GOLDEN GATE CITY UNIT 7, PLAT BOOK 5, PAGES 1.J5-146,
1WIonAIlIer, he. COLLIER COUNTY, FLORIDA
,..., Ii>11/J1t1 . -, --, T_ DAm PROJECT NO.: SHEET NUWBER: F'-E NO,:
-...,lAot,UO!lJ._-_.__.,..,_,____ 04/2002 N6022-002-070-rOHWP 125 or xxx 200-203
... NOTA. SURVEY ...
LEGEND:
KXX><><><><><l PROPOSED R,o. W.
R,O, W. - RI(;I1T OF WA Y
P,O.B, - POINT OF BEGINNING
IIE_ ARC"'~ cw 1IOR/1/
=:c"DfN:J~k'~rc
S>3"1D/ (GRIll) roll ltaICM CArr lONe.
Jul n, 2002 - 08;58:30 JNAPIERIX,\SUR\N6022\Skelch Of De9cclption9\Submitted\2gg203sT25.dwg
~;
24 BLOCK 230
GOLDEN GA TE CITY UNIT 7.
PLAT BOOK 5, PAGES 135-'46
_61:_ _~~
~
~-
o 2~ "" 100
GRAPHIC SCALE
~~ltomN. C
March 2 , 2 6
~ 13 f 15
200
3
4
BLOCK 228
COLDEN GA T[ CITY UNIT 6,
PLAr BOOK S, PAGES 124-134
23
125.07' (PLAr)' L2
22
~
~
~
,.
'=:!
52
55TH STREET SOUTHWEST
21 1125.07'(PLAT)
6
20
PROPOSED \
R. 0. W.
~ c;)
;R 1:l c
~~ ~b
!>>~ ~ t!j
~:;,; ~~
,.~ <.,
~~ ~
~; ~~
I
~ t;3
BLOCK 21 9
GOLDEN GA TE CITY UNIT 6,
PLAT BOOK 5, PAGES 124-134
19
CURVE NUMBER 1
7
LINE TABLE
RADIUSE 2016.00
DEL TA= 03'25'19'
ARCE 120.41
TANGENT.. 60.22
CHORD= 120,J9
CHORD BRG, S,85'00'29"W.
18
Line Bearing Distonce
LI S. 00'07'35'E, 28.30'
L2 N,OO'07'J5"W. 35,23'
LEGAL OfSCRIPTlON
ALL THAT PART OF LOT 5, BLOCK 230, GOLDEN GATE CITY UNIT 7, PLAT BOOK 5, PAGES 135-146, COLLIER
COUNTY, FLORIDA, AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
BEGINNING A T THE NORTHEAST CORNER OF SAID LOT 5;
THENCE ALONG THE EAST LINE OF SAID LOT 5 SOUTH 00'07'35H EAST 28,30 FEET;
THENCE LEA VINe SAID EAST LOT LINE SOUTHWESTERL Y 120.41 FEET ALONG THE ARC OF A CIRCULAR CURVE
CONCA VE NORTHERL Y HA VlNG A RADIUS OF 2,016,00 FEET THROUGH A CENTRAL ANGLE OF 03'25'19" AND
BEING SUB TENDED BY A CHORD WHICH BEARS SOUTH 85'00'29" WEST 120,39 FEET.'
THENCE ALONG THE WEST LINE OF SAID LOT 5 NORTH 00'07'35" WC'ST 35,23 FEET;
THENCE ALONG THE NORTH LINE OF SAID LOT 5 NORTH 88'18'37H EAST 120.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 3,883 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS &- RESTRICTIONS OF RECORD,
EXHIBIT A
~ -2:) of-LLL
... NOT A . SURVEY ...
R. P. orE. AL SuRVEYOR &: MAPPER
FLORIDA REG/STR"A LS 15627
NOT VALID UNLESS SIGNED BY mE SURVEYOR AND
SEALED I'rfm mE SURVEYOR'S EMBOSSED SEAL.
CERFlFlCATE OF AumORIIAnON I LB-43
LEGEND:
K><X><X><><>i PROPOSED R, O. W.
R.O,W. = RIGHT OF WAY
P.o.B. '" POINT OF BEGiNNING
BCAMiCS AI/( 8A.5U> CN _711
oWf/IJCAN DAllIt (N.I..D) INJ-rm
AD.AJ$DJCNr srA7r PlANE QXlIIIOfJA rr
$l'S1!JI (1IIIfD) "'" It"""" CAST lrIHC.
."OJECT NO" 62081 .ARCE' NO. , 126
Wil.Millei-'~~-
pr..."... . ~ . ~ . &nororo . Undot:opo__ . ~II>> C<n<III11/o
Wilcn/.IIIlIr. k1c.
Nr/*"Forll!wl'8nooi '_"_
:IIa)..,'"'"....IIJO.___.__."'_,_ ___
Jul 1,. 2002 - 08: 5B: 45 JNAPIERIX; \SUR\N6022\Sketch Of Descriplions\Submltled\2gg203s126.dwg
CLIENT: COUJER COUNTY 7RANSPClRTA nON.
ENGlNEERlNC . CONSTRUC17ON MANAGEMENT DIVISION
nT1.E: SKFTCH AND D!SCRIP17ON
BeiNG PART OF LOT 5, BLOCK 230,
COLDeN CATE CITY UNIT 7. PLAT BOOK 5, PACoS 135-146,
COLLieR COUNTY. FLORIDA
DATE: PROJECT NO,: SHEET NUMBER: FILE NO.:
04/2002 N6022-002-01O- TDHWP 126 OF xxx 200-203
23
~. _6~_ _ ff..?'-.
~ 3 ;J;1 ~
:..
'" i~ ~~
-<
PROPOSED ."'~ ~~
RO W~ '1 ~j:;:j
~~ ~~
;::;....
t~ "<).
~ ~
~~ltomN. C
~ March 2 ,2 6
I _ I - ~4 of 15
o 26 "" 100 200
GRAPHIC SCALE
25
24
BLOCK 228
GOLDEN CA Tf CITY UNIT 6,
PLAT BOOK 5, PACES 124-134
22
5
\
125.07' (PLA T) . L2
55TH STREET SOUTHWEST
7
NO, /
21
<Q
:-..
gs.
~ 6
s:: --
~ --
20
(PLA r)
RADIUS=2406,53'
ARC-27.8S'
(RADIAL)
125,00' (PLAT)
TAKING
ME' FEET
LINE TABLE
19
BLOCK 219
GOI.DEN GA rr CITY UNIT 6,
PLAT 800K 5, PAGES 124-134
Line BtJrJring
L1 S,02'4S'05"r,
L2 N,OO'07'3S'W.
LJ N,88'/8'J7'E,
Distance
14,36'
28.30'
93,22'
18
\
CURVE TABLE
NO. RADIUS DfL TA ARC TANGENT CHORD CHORD BEARING
I 2016.00' 03'27'11"121,55' 60.80' 121.54' S,81:J4'WW.
2 2281.53' 00'39'50.26.44' 13,22' 26,44' N.87'34'SO"f,
LEGAL DESCRIPT70N
ALL THAT PART OF LOT 6, BLOCK 230, GOLDEN GATE CfTY UNfT 7, PLAT BOOK S, PAGES 735-146. COLLIER
COUNTY, FLORIDA, AND BEING MORE PART/CULARL Y DESCRIBED AS FOLLOWS;
BfGfNNING A T THE NORTHEAST CORNER OF SAID LOT 6;
THENCE ALONG THE EAST LINE OF SAID LOT 6 SOUTH 02'4S'OS. EAST 14.36 FEET,'
THENCE LEA VlNG SAID EAST LOT LINE SOUTHWESTERL Y 121,55 FEET ALONG THE ARC OF A CIRCULAR CURVE
CONCAVE NORTHERLY HAVfNG A RADIUS OF 2,076,00 FEET THROUGH A CENTRAL ANGLE OF 03'27'77" AND
BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 87'34'17" M'ST 121.54 FEET,'
THENCE ALONG THE M'ST LINE OF SAID LOT 6 NORTH 00'01'35" WEST 28.30 FEET,'
THENCE ALONG THE NORTH LINE OF SAfD LOT 6 NORTH 88'18'Jr EAST 93.22 FEET;
THENCE CONT/NUfNG ALONG SAID NORTH LOT LINE NORTHEASTERL Y 26.44 FEET ALONG THE ARC OF A CIRCULAR
CURVE CONCA VE NORTHERL Y HA VlNG A RADIUS OF 2,281.S3 FEET THROUGH A CENTRAL ANGLE OF 00'39'50"
AND BEING SUBTENDED BY A CHORD WHfCH BEARS NORTH 87'J4'50H EAST 26.44 FEET TO THE POINT OF
BEGINNING.
CONTAfNING 2,618 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICT/ONS OF RECORD,
EXHIBIT IT
Page-dL Of-Lfl.
... NOT A SURVEY ...
LAN T R. P. OF[, AL SUR'ffYOR it MAPPfR
FLORIDA REG/STRA LS 15627
NOT VALID UNLESS SIGNfO BY THE SUR'ffYOR AND
SEALED WITH THE SURVEYOR'S EMBOSSED SEAL.
CERFlFlCA rr OF AUTHORllA nON I LB-43
LEGEND:
~ PROPOSED R,Q.W.
R,O,W. = RIGHT OF WAY
P.O,B. .. POINT OF BEGINNING
B(_ NIC BASIP ON _'"
AM/1IICAH ''''lIII (N.A.D) IW-rm
AAAlSIMfNT srA/!" I'f.ANf -.orr
ft:r1Pl ((11///I) /7)It ItCllllM f.sr lOI/C.
PftOolttT NO" 62081 PAACEL NO, : 127
Wils;nMiIIBi.'~w-
-. . SlIbn . ~ ' &nI/'Or'I ' l..nlocIpo ArcIIocII . Tr~/lln CaIoUIIIIII
IWIonI.IIer; tic:.
..1'<<1......,_._.,...
-...,l.Mo,&*Jll.IIIljliIo__.__,rv_,_ ___
Jul 11, 2002 - 08: 58: 57 JNAPIERIX: \SUR\N6022\Sketch 01 OescrIPlions\Submilled\2gg2DJs127.dwg
eLLNT: COI.LIER COUNTY TRANSPORTA nON.
ENGINEERING . CONS7RucnON IIANAGalENT DIVISION
TITLE: SKETCH AND DESCRIP710N
BflNG PART OF LOT 6, BLOCK 2JO,
GOLDF:N GA TF: CITY UNIT 7. PLA T BOOK S, PAGF:S IJ5-1~6,
COLLIF:R COUNTY, FLORIOA
DATE; PRWfCT NO.1 storm NUWIER: "l.[ NO.:
04/2002 N6022-002-0/0-TDHWP /27 OF XXX 200-203
25
'"
<::l.
~ 3
....
..,
"-<:
24
PROPOSED
R.O'~4 '1
23
22
5
27
6
20
125.00' (PLAr)
(RADIAL)
79
(PLA T)
rADIUS=2406.SJ'
ARC=< 124,93'
78
(RADIAL)
125,00' (PLA T)
_6J: _
_ PJ'-
~ ~Item 0.1 C
~~rch2,2 6
~ of 15
200
~
~
;;~
~~
.?>~
~;:;j
~
Vl~
~;
I
~
...
~
~g
~I::l
~~
~
~~
~
'.,l-
o Z$ ~ 100
GRAPI-lIC SCALE
BLOCK 228
GOLDEN GA rE: CITY UNIT 6.
PLAT BOOK 5, PACES 124-134
55TH STREET SOUTHWEST
\
\
BLOCK 219
GOLDEN GA rE: CI TY UN! T 6,
PLA T BOOK 5. PACES 124-134
7
Line Bearing Dis/once
U N,02'4S '05 "w. 14,36'
(d,~
LINE TABLE
CURVE TABLE
NO. RADiUS on TA ARC TANGENT CHORD CHORD BEARING
1 2281,53' 02'41'35' 107,24' 53,63' 107.23' N.85'54'08'f.
2 2016,00' 03'05 'OS' 108.53' 54,2S' 10S.52' S. 787S'OI'W.
LEGAL DESCRIPTION
ALL THAT PART OF LOT 7, BLOCK 230, GOLDEN GATE CITY UNIT 7. PLAT BOOK 5, PAGES 135-146, COLLIER
COUNTY, FLORIDA. AND BflNG MORE PARTlCULARL Y DESCRIBED AS rOLLOWS;
BEGINNING AT THE NORTHWEST CORNER or SAID LOT 7;
THENCE ALONG THE NORTH LINE OF SAID TRACT 7 NORTHEASTERL Y 10724 FEET ALONG THE ARC OF A
CIRCULAR CURl/[ CONCA I/[ NORTHERL Y HA VING A RADIUS OF 2,281,53 FEET THROUGH A CENTRAL ANGLE OF
02'41'35" AND BDNG SUBTENDED BY A CHORD WHICH BEARS NORTH 85'54'08" EAST 107.23 FEET;
THENCE SOU THWES TERL Y 108.53 FEET ALONG THE ARC or A CIRCULAR CURVE CONCA VE NORTHERL Y HA VlNG A
RADIUS OF 2,016.00 FEET THROUGH A CENTRAL ANGLE OF 03'05'05" AND BflNG SUBTENDED BY A CHORD
WHICH BEARS SOUTH 78'18'01" WEST 108.52 FEET TO THE WEST LINE OF SAID LOT 7;
THENCE ALONG SAID WEST LOT LINE NORTH 02'45'05" WEST 14.36 FEET TO THE POINT OF BEGINNING,
CONTAINING 778 SQUARE FEfT MORE OR LESS,
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD,
EXHIBIT A
Page.22.. of-.J.Q2
*** NOT A SURVEY ***
LEGEND:
~ PROPOSED R.O.W.
R.o.W = RIGHT or WAY
P,o.8. = POINT OF BEGINNING
LAN R. P OFf AL SURV[YOR & MAPPER
FLORIDA REG/STRA LS #5627
No.T VALID UNLESS SIGNED BY THE SURV[yo.R AND
SEALED WITH THE SURV[Yo.R'S EMBOSSED SEAL.
CERFIFiCA rE: OF AUTHORIZA TlON I LB-43
PROJECT NO.:
62081
p,t,Rcn NO. :
8C~ All( BA$CO ON NOI/1I1
_RICAN llA1l.II (N....O) 'MJ-_
ADJJS1IIOIr SrATt /If.ANE ~7E"
SlSrnt ICRJOI f(YI '1"""" CAS' ZCN[,
728
1) REVISED ACREAGE IN LEGAL 8-24-05
COLL/[R COUNTY TRANSPORTA TION,
ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION
TlTL', SKETCH AND DESCRIPTION
BEING PART OF LOT 7. BLOCK 230,
GOLDEN GA TE CITY UNIT 7, PLA T BOOK 5, PAGES 135- 746,
COLLIER COUNTY, FLORIDA
PROJECT NO.: SHEET NU"'BER; riLE NO.;
N6022-002-0l0-TDHWP 128 '.f XXX 2GG-203
CutN1:
Wil.Miller" """'~,
f'iIlr~~. E~ . b.:~ ~ ;':t~~0l';: . : .a~AXA!.cttte":ta . J'r1J~&:il('M,:".~;lT-;"'I:
I:V~1J#I.'r.'I"tc..
fJJ,'*'s ~ H;r! iIl'!f1!7 . SJrNC'fll . !itrlsl'a'I . iW1Jll
~awri..l:lP. ~m.". F\I.~~"l5~". rtr,. fi4Hi~~" j.~ 9of.~--1P"f ~ Iillr'~ IWf'AI;t~;;!:io\
Jut 11, 2002 - os: 59: 09 IN^PIERIX: \SUR\N60n\Ske1eh 01 OlSeriplion.\Sub",nled\299203.12S,dwg
DATE:
04/2002
EAST LINE OF SECTION 29
"-
28 I\>
<:l. 1
~ 7
"'<
27 I
PROPOSED
26 RO~~
25
3
24
BLOC!< 2JO
GOLDEN GA TE CITY UNIT 7-
PLAT BOOK 5, PAGES 135-146
,~efl~A'l ~J . 1 C
EXISTING 5J' EA 'MEN rch 28 2 6
FOR R. O. W. PURPOSES Page 36 ' f 15
EAST UNE OF SANTA BARBARA
SECTION 29
N.00'07'J,~"W.
91.B7 I.... BOULEVARD
,..
GOLDEN GA TE: UNIT 6,
PLA T BOOK 5, PAGES 124-1J4
_ 6.f. _ _ ffJ'-
FEE SIMPLE TAKING
JJ5 SQUARE FEET
I::;
P.O."RCEL NO. /(}.q
~
:>.
..,~
~~
$>l~
~;;j
Cl~
.. ..,
~Pl
I
~
BLOCK 228
GOWEN GATE CITY UNIT 6,
PLAT BOOK 5, PAGES 124-134
~
~g
~t::l
~~
~
~~
~
LINE TABLE
Line Bearin9 Dislanr;e
L1 N,89'S2'25 "E. 53.00'
L2 S.88'18'Jrw. 33,50'
CUR VE TABLE
NO. RADIUS on TA ARC TANGENT CHORD CHORD BEARING
1 81,00' 46'26'52' 65.66' J4.76' 6J,88' 5. 67'59'04 "E.
2 25.00' 97'3J'48' 39,95' 25,69' J5,8J' N.45'S4'29"W.
LEGAL DESCRIPTION
ALL THAT PART OF BLOCK 228, GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGE 124-134, COWER COUNTY,
FLORIDA, AND BDNG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE INTERSECTION OF THE CENTERLINE OF GOLDEN GA TE PARKWA Y AND THE EAST LINE OF
SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA,'
THENCE ALONG SAID SECTION LINE NORTH 00'07'35" M"ST 91,87 FEET;
THENCE LEAVING SAID LINE NORTH 89'52"25" fAST 53.00 FEET TO THE POINT OF BEGINNING;
THENCE SOUTHEASTERL Y 65,66 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCA V[ NORTHEASTERL Y
HAVING A RADIUS OF 81,00 FEET THROUGH A CENTRAL ANGLE OF 4626'52" AND BEING SUBTENDED BY A
CHORD WHICH BEARS SOUTH 67'59'04" EAST 63,88 FEET TO THE SOUTH LINE OF SAID LOT BLOCK 228;
THENCE ALONG SAID SOUTH LOT LINE SOUTH 88'18'3r M"ST 33.50 FEET,' .
THENCE NORTHWESTERLY 39,95 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHEASTERLY
HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 91'33'48" AND BEING SUBTEND[D BY A
CHORD WHICH BEARS NORTH 45'5429" M"ST 35.83 FEET TO THE POINT OF BEGINNING.
CONTAINING JJ5 SQUARE FEET MORE OR LESS.
... NOTA SURVEY...
. ',J
EXHIBIT A
~ d2' of-1Q}
~r---
c_
o 25!0 100
GRAPHIC SCALE
~
200
SUBJECT TO EASEMENTS &- RESTRICTIONS or RECORD,
R, P OF[, :4L SUR VEYOFl ct MAPPER
FLORIDA REG/STRA LS 15627
NOT VALID UNLESS SIGNED BY THE SURVF:'(QR ANO
SEALED 'MTH THE SURVEYOR'S EMBOSSEO SEAL,
CERFIFlCA T[ OF AUTHORIZA TlON I LB-4J
1Ir_ A/It 1lAm> ON NOR",
=~::J~fk/~rr
$rslPi ,_) rtJI/ 11_ tAS7 lONt.
LEGEND:
~ PROPOSED R.O, W.
R, O. W. '" RIGHT OF WA Y
P,O,B, '" POINT OF BEGINNING
P,O,C, '" POINT OF COMMENCEMENT
PROJtCT NO,: 62081 PARcn. NO. : 129
Wil.Miller-'~w-
-, ~ .EcoIor/It" .-_. L-.,..~ '~c:moulll1"
1'r'looMIhr, tlc.
/IItIII.F<r1......_._.r_
-1IIIl'l.n,Uom.,...__."",. _.,.,_._ ___
ClltNT, COUJER COUNTY 'TRNlSPORTA 71ON,
ENGINEERING It CONSTRUC71ON MANAGalENT DIVISION
TITLE: SKETCH OF DESCRIP710N
8'/NG PAI?T OF SLOCK 228.
GOLDeN GATE: CITY UNIT 6, PLAT SOOK 5. PAGeS /24-/J4.
COLLIeR COUNTY, n.OR/VA
o.\TEI PRQJtcT NO.: SHttT NUNllt": nLE NO.:
04/2002 N6022-002-0/0-TOHWP 129 or xxx 2GG-20:J
Moy 10. 2004 - 14: 57: 60 LMILLERIX: \5UR\NG022\Sketeh Of De,erlplion,\5ubmllled\2gg203.'29.0"'9
~
LEGAL DESCRIPT7ON:. SEE SHEET 1JOA
,. .
,
I I
l I
I
I I
: I
) I
~
350.00' (PLA T)
~
'wa-
D :IS
~t"'mN
March 28, 2
~f
~'oo 200
CRAPHIC SCALE
~
GOLDEN GA TE ESTA rES UNIT 30,
PLA T BOOK 7, PAGES 58
""
~
~
112
~
@.
PROPOSED PERPE1UAl..
NON-EXCLU57VE ROAD
Roo.W.. DRAINAGE. AND
UTlUTY EASEJlENT
.tf$O SQUARE FEET
~
)0.
~
"" 7
771
PARCELNO. /3G
PROPOSED
R.O, W. EASEMENT
N. 0.0. '07'35 Ow.
------
-
SANTA
EAST LINE OF
SECTION 29
(
... NOT A SURVEY ...
EXHIBIT A
page.r1:L o'"iII1
LEGEND:
'" "'''' "" '" "" '\ ~ Vf1~N~ASEMENT
~ PROPOSED
R.O,W. EASEMENT
R.o..W. = RIGHT OF WAY
p.o..a, = POINT OF 8EGINNING
P. 0. C, = POINT OF COMMENCEMENT
o..R.B. = OFFICIAL RECORDS aOOK
LANe T R, A oft AL SUR VEYOR &: MAPPER
FLORIDA REGISTRA LS 15627
NOT VALID UNLESS SIGNED BY THf SUR'lfYOR AND
SfALfD WITH THE SUR'lfYOR'S EMBOSSED SEAL.
CERFlFlCA TE OF AUTHo.RIZA no.N I L8-43
WilslJnMillerM'~~'~
,..
PIomer. . Enginoen . E<oIogioJ. . hwyon . ~ Art:Ht..~ . l'ro"-",,<",,, COMJIw
1oI'II3onM'Ier, Inc.
_.Ftrl""".SnIo/I._.T....
.Ill:llBMrlMl<llItm'IIIi*&___'_ _'Fv~._ _.....
PROJ"ECT NO.:
BtNtINCS ARE BAsrD ON NOItfH
AMERICAN "'lW (N.A.P) IHJ-lHO
ADJJS7II1:Nf sTAIr PlAll{ corRItNArr
Sr'STElI (G1fIO) rtIR n..... CAST ra;r.
62081
PARCEl. NO. :
130
CClE"" COLUER COUNTY TRANSPORTA T1ON.
ENGINEERING 6: COHSTRUCT1ON MANAGEMENT DIVISION
lITLE, SKETCH OF' DESCRIPT10N
BDNG PART Of" TRACT TT2,
Co.LDeN CA Te fSTA TE:S UNIT Jo., PLA T BOOI< 7, PACE: 58,
Co.LLieR COUNTY, FLORIDA
DAT(:
0.4/20.0.2
Nov 1 J. 2002 - 11: 29, OJ lUILLERIX: \SUR\N6022\Skelch Of Desc'ipUons\Submitted\2gg203.13D.dw9
"ROJECT NO.:
N6o.22-0o.Z-07o.- TOHWP
Agenda Item N. C
March 28, 2 6
Page 38 f 15
LEGAL DESCRIPTION
PARCEl NO. I ~5C
ALL THA T PART OF TRACT 112, GOLDEN GA TE ESTA TES UNIT 30, PLA T BOOK 7, PAGE 58, COLLIER COUNTY,
FLORIDA, AND BEING MORE PARnCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE NORTHEAST CORNER OF SAID TRACT 772, A POINT ON THE EAST LINE OF SECTION 29,
TOWNSHIP 49 SOUTH, RANCE 26 EAST, COLLIER COUNTY, FLORIDA;
THENCE ALONG THE NORTH LINE OF SAID TRACT SOUTH 89'37'57. WEST 97.00 FEET TO THE POINT OF
BEGINNING;
THENCE LEAVING SAID NORTH TRACT LiNE SOUTH 00'07'35" EAST 271.50 FEET,'
THENCE SOUTH 89'31'57. OCST 752.42 FEET TO THE WEST LINE OF SAID TRACT;
THENCE ALONG SAID H-fST TRACT LINE NORTH 00'28'36" WEST 9.76 FEET;
THENCE LEAVING SAID WEST TRACT LINE NORTH 89'37'37" EAST 678.02 FEET,'
THENCE NORTH 35'04'00. EAST 773,57 FEET,'
THENCE NORTH 00'07'35" WEST 775,88 FEET TO THE NORTH LINE OF SAID TRACT,'
THENCE ALONG SAID NORTH TRACT LINE NORTH 89'37'57" EAST 69.00 FEET TO THE POINT OF BEGINNINC,
CONTAINING 28,450 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS &; RESTRICTIONS OF RECORD.
EXHIBIT A
P8g8.JL of.J.,QJ
LAN T R, P OFf. AL SURVEYOR &r MAPPER
FLORIDA RECISTRA LS 15527
NOT VALID UNLfSS SICN[O By THE SURVEYOR AND
SfAL[O WITH THE SURVEYOR'S EMBOSSED SEAL.
CERFIFICA T[ OF AUTHORIZA nON I LB-43
8WtI"GS ARC BASCD ON _JJI
NoI/:/tICAN!\<1W (N.A,DI ,HJ-IIJD
AD.IJS1IJ(Nr SrAT(,r(ANC C'OOI9aNArF
srs/Dl (_I TOIl 11-.. CAST lr1N<.
... NOT A SURVEY ...
PROJECT NO., 62081 PoIRCU ND, , , JO
Wil.nMilleIM-~Ud~~
-. '~r ' ~ . ~ . L.......Ardi!ao1r . T_allorJ CaIou!cn',
WJeonI./ho; klc:.
_.Frn......_._.r..,.
UllIllloy....U.IDD.___.",.., _.Ftt _._ ..._....
ceIENT, cot.UER COUNTY TRANSPORTA nON.
ENGlNECRING " CONSTRucnON MANAGEMENT DIVISION
mLE: LEGAL DESCRIPnON
BEING PART OF TRACT /12,
GOLDEN CATE ESTATE:S UNIT 3D, PLAT BOOK 7. PAGE '8.
COLLIER COUNTY, FLORIDA
DAT[, PROJECT NO.: SH(ET NUUBEft: rILE NO.:
04/2002 N6022-002-0rO- TDHWP IJOA OF XXX 2GG-20:J
Noy 13. 2002 - , I; 39: 34 LMILLERIX: \SUR\N6022\Sketch Of O..cdption.\SubmiHed\2g9203S130A.dwg
111.1
177
~
~-
o 20 ~O 100
GRAPHIC SCALE
~ Itgm N . 1 C
March 28, 2 6
I " "f f 15
200
330. DO.' (PLA T)
112
SOUTH 150'
OF TRACT 177
NORTH 180'
or TRACT 77 7
770
110.1
~
:-
~
~
:;:
"-
SED PERPF:TUAL.
N rrE:Xa.tJ9VF: ROAD
R.O.rt, DRAINAGE, AND
ut{i1TY EASEMENT
11,2 SQIJ.4/E FEET
~i
'"
~.
~
:...
"-
GOLDEN GA TE STA TES UNIT 3D,
PLA T BOOK 7, PAGES 58
'y,
~
r...:;
~
~
fXISTlNG ADDtnDNAL
R,o. If. fASfMfNT
DRB, /953,
PAGfS 428-430.
ROPOSED
. . _ .. ROE~M~~T~
--
-----.i
SANTA
27TH COURT S:W. '"
I '\'
LEGAL DESCRIPTTON
ALL THA T PART OF THE SOUTH ISO.' OF TRACT 111, GOLDEN GA TE ESTA TES UNIT 30., PLA T BOOK 7, PAGE 58,
COLLIER COUNTY, FLORIDA, AND BDNG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
EXISTING 53' SEMENT
FOR R 0. W PIJRPOSES
EAST LINE DF SECTlO 29 (PER PL T)
BARBARA BOULEVARD GOLDEN GATE UNIT 6,
PLAT BDOK 5, PAGES 124-734
COMMENCING AT THE SDUTHEAST CORNER DF SAID TRACT 111, A PDINT ON THE EAST LINE OF SECTfON 29,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA;
THENCE ALONG THE SDUTH LINE OF SAID TRACT SOUTH 89'31'51" WEST 97.0.0. FEfT TO. THE POINT OF
BEGINNING;
THENCE CDNTlNUING ALONG SAID SOUTH TRACT LINE SOUTH 89'31'51" WEST 69.0.0 FE[T,'
THENCE LEAVING SAID SOUTH TRACT LINE NORTH 00'0.7'35" rlf'ST 99,69 FEET,'
THENCE NORTH 0.0'15'20." WEST 50,32 FEfT,'
THENCE NORTH 89'31'51" EAST 82,04 FEfT,'
THENCE SOUTH 0.4'47'48" WEST 150,64 FEU TO THE POINT OF BEGINNING.
CONTAINING 11,328 SQUARE FEU MORE DR LESS.
EXHIBIT A
Page-.2L ofJ1.l
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD,
... NO,!, A SURVEY...
PARCEl NO, 1:3/
'/?, P o.rc AL SURVEyo.R &- MAPPfR
FLORIDA RfGISTRA LS 15527
NDT VALID UNLESS SIGN[D BY THE SURVEYDR AND
SEALED ltITH THE SURVEYOR'S EMBDSSED SEAL.
CERFlFlCA T[ OF AUTHORllA nON I LB-if3
BtAJltN(;S AR[ IlASfD ON HaITH
NJ[RiCAH DMW (N.AO) '.NJ..r.PfC
AD.lJSDlCNT STArt !'LANe CfXRDINA rr
SYS7EII (CRlD) roR Fl-.. CASr lrH.
LEGEND:
'" '" '" "'''' '" '" 'i ~~fl.~N~ASEMENT
~ PROPOSED
R, O. If. fASEMENT
R,O, W. = RIGHT OF WA Y
P,D,B. = POINT OF BEGINNING
P,O,C. = PDINT OF COMMENCEMENT
ORB, = DFFlCIAL RfCDRDS BOOK
PROJe:CT NO., 62081 PARCEL NO. : 131
Wils;nMiIIBrN'~w",-
PloMNo . ~ . Eco/cf1t~ . ~ . lAndooopo~ . T_oIlon COOO<AW,
Wo'ionMl'hlr. f>c.
_.Fctll/yon'_'_.T_
3mlloltrl.lot.tJIo200.No;oo.__.""", _'FtlIlH<ll-l7ll._ ..._...
CLIENT, COLLIER COUNTY 7RANSPORTA T7ON,
ENGINEERING .t CONSTRUCTlON MANAGENENT OlvrSlON
TITLE, SKE:TCH ANO OE:sCRIPT7ON
BF:ING PART or THE: SOUTH 150' or TRACT 17/,
GOLDF:N GA TF: F:STA rrs UNIT JO. PLA T BOOK 7. PAGE: 58.
COLLIER COUNTY, FLORIDA
()A.TE: PROJECT NO.; SHEET NUMBEFt: FILE NO.:
04/2002 N6022-002-010- TOHWP IJr OF xxx 2GG-20:S
No\! 1.3, 2002 - 11: 40: 28 LMILLERlx: \SUR\N6022\Skelch Of Ol!!scriptions\Submltted\2gg20JslJ1.dwg
330,0.0.' (PLAT)
177.7
111
~-
o n
~- ~lt~mN. C
..elt -, ~ March 28, 2 6
~f15
50 100 200
GRAPHIC SCAL~
772
SOUTH 750'
OF TRACT 77 7
NORTH 780'
OF TRACT 777
170
770.7
~
~
~
:;:
-:::!
~
'"
~
~
,.
-:::!
COLDEN GA TE STA TES UNIT 30,
PLA T BOOK 7. PAGES 58
EXISTING DD/TIONAL
R, a, w. SEMENT
O,R,B, /953, ""
_ PAGES 28-430 ~
ROPOSED
. . _ .. R.o..[~M~~T~
P.O.B.
[ STINe 53' EASEMENT
F R R,o. W. PURPOSES
EAST LINE OF SECTION 29 (PER PLA T)
SANTA BARBARA BOULEVARD GOLDEN GATE UNIT 5,
27TH COURT S. W, """ PLAT BOOK 5, PAGES 124-134
I "\'
LEGAL DESCRIPTION
ALL THA T PART OF THE NORTH 180' OF TRACT 111, GOLDEN GA TE ESTA TES UNIT 30, PLA T BOOK 7, PAGE 58,
COLLIER COUNTY, FLORIDA, AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE NORTHEAST CORNER OF SAID TRACT 111, A POINT ON THE EAST LINE OF SECTION 29,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,'
THENCE ALONG THE NORTH LINE OF SAID TRACT SOUTH 89'31'51" M"ST 68,04 FEET TO THE POINT OF
BEGINNING,'
THENCE LEA VINe SAID NORTH TRACT LINE SOUTH 04'47'48" M"ST 180,76 FEET.'
THENCE SOUTH 89'31'51" M"ST 82,04 FEET,'
THENCE NORTH 00'15'20" WEST 180,00 FEET TO THE NORTH LINE OF SAID TRACT,'
THENCE ALONG SAID NORTH TRACT LINE NORTH 89'31'51" EAST 9196 FEET TO THE POINT OF BEGINNING.
CONTAINING 16,200 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD,
EXHIBIT ;l
Page~ of-1Q2
PARCEL NO. /3 /l
.
... NOT A ~SURJiEY ...
r ".
R. P aFE ALSURVEYOR &- MAPPER
FLORIDA REGISTRA LS 15627
No.T VALID UNLESS SIGNED BY THE SURVEyo.R AND
SEALED IffTH THE SURVEYOR'S EMBOSSED SEAL,
CERFlFlCA TE OF AUTHORIZA nON J L8-43
It~ ARC B~C ON NMrH
AMl/IJCAN 1M MI /N,A.O) IH)-I",
ADJJmItNT STAlC "'AN( COORDINA rr
srsrcM ICI/JO) fOIf It_A CAS'lClVC,
LEGEND:
~'" "" "" "" "" "" '" ~~~:'N~ASEMEN T
~ PROPOSEO
R.O, W. EASeMENT
R,o. w. = RIGHT OF WA Y
P,O,B, = POINT OF BEGINNING
P.o.c. = POINT OF COMMENCEMENT
O,R,B, = OFFICIAL RECORDS BOOK
.ROJECT NO.: 62081 ....CE\, NO. : 1 J2
Wil.MilleIM-~~'~
,.,.,.,." . ~ . EcoIog/II, . __ . 1.-.". Ndi<<:II . 1fluwporf.flon ea.cJfIIIIJ
WIIlIonMiUer, 1I1c.
1II(ioI.F<ttI(ron'_._.r_
.IllIlIBoIoyLn,UoIQ1.,.,...___._ _."" JH4HIlI.__....
MNT: COI.UER COUNTY 'lRANSPORTA TlON,
ENGlH~/NG It CONSTRUCTlON MANAGEMENT DIVISION
TITLE: SKETCH AND DESCRIPTlON
BtlNG PART OF' TH~ NORTH 180' OF' TRACT 11/,
GOLDeN GA TF: ~STA TF:S UNIT JO, PLA T 800K 7, PAG~ :>8,
COLLIER COUNTY, FLORIDA
DATE: PROJECT NO.: SHECT MJWSER: FILE NO.:
04/2002 N6022-D02-010- TDHWP /32 OF xxx 2GG-203
Nov I J, 2002 - I': 42' 1 0 Ll4llLER!X, \SUR\N6022\Skelch 01 DesC'iptions\Submitted\2gg203sI32.dwg
330.00' (PLAT)
~ ~Jt"'mN.1 C
~ I >J March 28, 2 6
'..- ~1 f 15
o 2& 50 100 200
GRAPHIC SCALE
110
110.7
NORTH 750' I
OF TRACT 770
GOLDEN GATE ESTATES UNIT 3D,
PLA T BOOK 7. PAGES 58
SOUTH 180'
OF TRACT 110
~
N
tB.
~
,..
'=i
PR~ PfRPETUAL.
NON- U9VE ROAD
RoO. If, WNA~ AND
UTlU I EASEJlENT
.05'8 SWARE FEET
Co
~
Cil.
~
,..
~
I
I
109.7
109
\~ ~ \
~ ~
I~ ~I
CJj ~
l~ ~ I
111
N.00j,S'20"W,
627'
'(I)
---
PRO OS[O
___ . ~'~ A~E:T.l
Y>
Co '_
'" -
<..; :!-<
~~
~.
;t
Co
"'-
t..:l$
~~
~-
I
I
EAST LINE OF ~ECTION 29
BARBARA BOULEVARD
EXISTING 53' EASEMENT
FOR R,o. W. PURPOSES
(PER PLA T)
GOLDEN GA TE UN! T 6,
PLAT BOOK 5, PAGES 124-134
P.O. .
2 3 4 5
GOLDEN GA TE CITY UNIT 6, PLA T BOOK 5, PAGES 124-134
6
BLOCK 226
1
LEGAL DESCRIP770N
ALL THAT PART OF THE SOUTH 180. FEfT OF TRACT 110, GOLDEN GATE ESTATES UNIT 3D, PLAT BOOK 7, PAGE
58, COLLIER COUNTY, FLORIDA, AND B[tNG MORE PARTICULARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE SOUTHEAST CORNER OF SAID TRACT 110, A POINT ON THE EAST LINE OF SECTION 29,
TOWNSHIP 49 SOUTH, RANGE 26 EAST. COWER COUNTY, FLORIDA;
THENCE ALONG SOUTH LINE OF SAID TRACT 110 SOUTH 89'31'51" MST 53.00. FEfT TO THE POINT OF
BEGINNING,'
THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 89'.31'51" MST 113,0.0 FEET.'
THENCE LEAVING SAID SOUTH TRACT LINE NORTH 0.0.'15'20" WEST 6,27 FEfT;
THENCE NORTHERLY 173.84 FEfT ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EASTERLY
HAVING A RADIUS OF 3,0.97.0.0. FEET THROUGH A CENTRAL ANGLE OF 0.3'12'58" AND BEING SUBT[NDED BY A
CHORD WHICH BEARS NORTH 01'21'0.9" EAST 173.82 FEfT;
THENCE NORTH 89'.31'51" EAST 108.12 FEET.'
THENCE SOUTH 0.0.'15'19" EAST 180. 00 FEET TO THE POINT OF BEGINNING.
CON TAINING 20.,0.58 SQUARE FEET MORE OR LESS,
SUBJECT TO EASEMENTS &.RESTRICTIONS OF RECORD,
EXHIBIT A
Page....ll. of-LQl
PARCEl NO. (33
... !fOT Ai SURvEY...
CURl/[ NUMBER I
RADIUS: 3097.00
DEL TAc 03'I2'S8"
ARC= 173.84
TANGENT= 86.94
CHORD= 173.82
CHORD BRG NOI'21'09"E.
R. P OF[, AL SURI/[YOR &: MAPPER
FLORIDA REGISTRA L5,/S627
NOT VALID UNLESS SIGNED BY THE SURI/[YOR AND
SEALfD WITH THE SURI/[YOR'S [MBOSSED S[AL.
CERFlFlCA TE OF AU THORIZA nON! LB-43
/I{~ Al/f BASCD DN N<RrH
NltIllCAN DAJIM (H.AI)) 'JOJ-,no
AD.lJS1IIfNr SlAT( "'ANC _A"
$1'S7fIJ (GRID) rOJI Fl.DJ/OA {ASr lDN{,
LEGEND:
"'~'" '" '" '" '" "l ~~fF~N~ASfMENT
~ PROPOSED
R,o. W. EASEMENT
R.O. W. = RIGHT OF WI. Y
P.O,S. = POINT or BEGINNING
PO.C. = POINT OF COMMfNCEMENT
PROJECT NO., 62081
PARCEL NO. f
1.13
CUE"', COLUER COUNTY TRANSPORTATION.
ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION
mer, SKD'CH AND DESCRIPTION
arlNG PART OF THr SOUTH 180' OF TRACT 110,
GOLDeN GATE eSTATES UNIT 30. PLAT BOOK 7. PAGe 58,
COLLIER COUNTY, FLORIDA
WilstmMillerM'~~'-
"..
",.",." ,~ . E"*lJIfi. ,&no""". ~Arl:IlII_. T"""""""",,ConManlI
VrlloonM6i<Jr. Ine.
_.N>tIlytn'_._.I_
aal)BoIo,tMo.aIIl1XJ,,-__.,.,,,,. _."" ffI-UUlI.__....
0..,.,
04/2002
PROJECT NO.:
N5D22- 002- 0 r 0- TDHWP
Nov 13. 2002 - , I: 43: -47 LMILLERI>c: \SUR\NG022\Sketch Of Descriplions\Submltted\299203s133.dwg
JJo. 00' (PLA T)
~
...
o 2& &0 100
GRAPHIC SCALE
~ Item N . 1 C
March 28, 2 6
I Iff 15
200
110
SOUTH 780'
OF TRACT 770
~
~
~
:>.
.::::!
110.1
GOLDEN GA TE ESTA TES UNIT 3D,
PLA T BOOK 7. PAGES 58
-771
NORTH lSD'
OF TRACT 170
~
~
~
:>.
.::::!
109,7
109
I~ ~ I
c::: ~
I~ ~I
tJ5 ~
I~ ~,
"-.'-
NO. /3N-
P.O.B.
EAS LINE OF SECTION 29
SANTA BARBARA BOULEVARD
EXISTING 53' EASEMENT
FOR R,o. W. PURPOSES
(PER PLA T)
P. O. C. COLDEN GA TE UNI T 6,
o~.f.;,Jr!~r,~ PLA T BOOK 5, PAGES 124-134
1
2 3 4 5
GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 124-134
6
BLOCK 226
LEGAL DESCRIPT10N
ALL THA T PART OF THE NORTH 150 FEU OF TRACT 110, GOLDEN GA TE ESTA TES UNIT 30, PLA T BOOK 1. PAGE
58, COLLIER COUNTY, FLORIDA, AND B[!NG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE NORTHEAST CORNER OF SAID TRACT 110, A POINT ON THE EAST LINE OF SECTION 29,
TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA;
THENCE ALONG THE NORTH LINE OF SAID TRACT SOUTH 89'31'51" WEST 53,00 FEU TO THE POINT OF
BEGINNING;
THENCE LEAVING SAID NORTH TRACT LINE SOUTH 00'15'19" EAST 150.00 FEET;
THENCE SOUTH 89"31 '51" WEST 108.12 FEfT.'
THENCE NORTHERL Y 123.57 FEfT ALONG THE ARC OF A CIRCULAR CURVE CONCA Vf EASTERL Y
HAVING A RADIUS OF 3,097,00 FEfT THROUGH A CENTRAL ANGLE OF 02'17'10" AND BDNG SUBTENDED BY A
CHORD WHICH BEARS NORTH 04'06'13" EAST 123.56 FEfT.'
THENCE NORTH 18"32"3" EAST 28,38 FEU TO THE NORTH LINE OF SAID TRACT 110;
THENCE ALONG SAID NORTH TRACT LINE NORTH 89"37'51" EAST 89.59 F[ET TO THE POINT OF BEGINNING.
CONTAINING 75,376 SQUARE FEfT MORE OR LESS,
SUBJECT TO EASEMENTS &: RESTRICTIONS OF RECORD.
EXHIBit A
Page~ ~..lQ
---NOT A ~URVEY -..
CURVE NUMBER 1
RADIUS", 3097,00
DEL TA- on 7'10"
ARC- 123.57
TANGENT- 61,79
CHORD= 123.56
CHORD BRG. N.04'06"3'E.
LANe, 'R, P. OF'[ ALSURVCYOR cl- MAPPER
FLORIDA ReGfsiJA . .LS /5627
. . (. ...
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED Vr1Trj THe SURVEYOR'S EMBOSSED SEAL.
CERFIFICA Teor AUTHORIZA nON I L8-4J
BCARINCS AIr! BAseD ON NCRrH
IoIICRIC.AN tM7W (HAO) 1HJ-!'1()
AlJoAlSrl/(Nr STArt flt.AN( CO(';MOW,AIF
srsrrM (G1IiD) fOR flOllOA CAST lCIiC.
LEGEND:
l"" "" "" "" "" """l 7{b~~NlAS[MtNT
~ PROPOSED
R.O, W. EAStM[N T
R, O. W. .. RIGHT OF WA Y
P,o.8. .. POINT OF BEGINNING
P. 0, C. .. POIN T or COMMeNCEMEN T
PROJeCT NO., 6208' ....CEL NO. "34 CUENT, COUJER COUNTY TRANSPORTATION,
~I ~ ..~~ -.. '/1.""- rNGlNaRlNG ~ CONSTRUCTION AlANAGEIrIEHT DIVISION
r. relnJl ,. rat TITLE' SK(TCH AND DrscRIPTlON
'J """.l IJ U'l BEING PART OF THE NORTH '50' or TRACT 770,
-..a.,,;-..Et:aIog,It.&no . 1AIldtc:fpoA/<I"",'..T_tlbnCootcltanl' GOLDEN GATE ESTATES UNIT 30, PLAT BOo/( 7, PAGE: 58.
~,In<:. COLLiER COUNTY, FLORIDA
,.... Fat.,.... ..I'Ic:il'IIl:It. r... OA.TE: PROJECT NC.: SHEEl NUYBeR; FILe NO.:
.Illll1loloy~"'1Il"'/....Il.iUII1Wlll;"'''''' -.'" HI-fG-I1II'_ ..._"'" 04/2002 N6022-002-010- TOHWP '.J4 OF XXX 2GG-203
Nov 13. 2002 - 11: 44: 44 LMILLERIX: \SUR\N6022\Sk,leh Of 0.se"Pt;on.\Subml\l.d\2~~203'1 34.dwg
~
~
SOUTH 150' NORTH 180' I ~
F TRACT 109 OF TRACT 109 ~
Po I ~ ~ I
~ GOLDEN GA TE E TA TES UNIT 30, S!. Cr.l
Ciij PLA T BOOK 7. PAGE 58 ~ C
~ :..:c::: 2
~ PERPrnJ.JlI ~ -::i ~ L
...... ~ . EXISTING 50' EASEMENT
a.usnc ROAD ~ I FOR R.O,W. PURPOSES PER PLAT
DRAINAGE, AND "J
TY E:ASEJJENT ""3 PROPOSED
~ ~.~ _ . ~,o.w. ~A~EMENT.~
~
::i MROEI NO.
~
.
I
I
EAST LINE OF SECTION 29
BOULEVARD GOLDEN GA TE UNIT 6,
PLA T BOOK 5, PAGES 124-134
330.00' (PLAT)
110.1
1 09.1
109
7
PAGES 124-134
108
~
'.,l-
o 2~
~t~m No C
March 28, 2 6
~f15
~ 100 200
GRAPHIC SCALE
EXISTING 53' EASEMENT
FOR R.o. W. PURPOSES
(PER PLA T)
:to.
~~
~~
~
~
LEGAL DESCRIPTlON
ALL THA T PART OF THE SOUTH 150 FEET OF TRACT 109, GOLDEN GA TE ESTA TES UNIT 30, PLA T BOOK 7, PAGE
58, COWER COUNTY, FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS;
CONTAINING 10,762 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS &' RESTRICTIONS OF RECORD.
---NotA 'SfJR.VEY ---
'.,.:." i:,i.
CURVE NUMBER I
RADIUS= 2953,00
DEL TA= 01'49'03"
ARC= 93.99
TANGENT: 47.00
CHORD- 93.99
CHORD 8RG. N.03'S"57"E,
TRACT 108 REPLA T.
PLA T BOOK 19, PAGE 54
COMMENCING A T THE SOUTHEAST CORNER OF SAID TRACT 109, A POINT ON THE EAST LINE OF SECTION 29,
TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA,'
THENCE ALONG SOUTH LINE OF SAID TRACT 109 SOUTH 89'31'51" WEST 53.00 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 89'31'51' WEST 89.59 FEET,'
THENCE LEAVING SAID SOUTH TRACT LINE NORTH 18'32'13" EAST 59.52 FEET;
THENCE NORTHERL Y 93.99 FEET ALONG THE ARC or A CIRCULAR CURVE CONCA VE EASTERL Y
HA VINe A RADIUS OF 2,963.00 FEET THROUGH A CENTRAL ANGLE OF 01'49'03" AND BEING SUBTENDED BY A
CHORD WHICH BEARS NORTH 03'51'57" EAST 93,99 FEfT.'
THENCE NORTH 89'31'51" EAST 63.66 FE[T,'
THENCE SOUTH 00'15'20. EAST 150.00 FEET TO THE POINT OF BEGINNING.
R, . P, OF[ AL . SURVEYOR "" MAPPER
,1:5 #5627
NOT VALID UNLeSS SICNED 8Y THLSURVEYOR AND
SEALED 'MTH THE SURVEYOR:?" ~,!BOSS[o SEAL.
CERFlFlCA TE OF AUTHORIZA TION i L8-43
f/[AR/HCS AJ/C BASED ON N(XIIII
AM[/IfCAN ll</W (HA.D) 'll6J-II"
A/J.IJS1IItNr srAIf PLANe COQI908YA1l'
SISIrlI (IIIIID) '(]If "....". EAS' lrJHE.
PROJECT NO., 62081 P";"<;E:,.,NO. , f.J5
WiIS;nMillei.'~"""--
PitMn . ~,. . EeoIoQioIt . 6V'>oycrJ . lc1dI<opo~ . T_..... CavUlMl'
Wlaonl.liler, /no.
_'Frrl~'_._.T_
:J2IX)8II:rLw.aMlf1).____._ _.,.,~._ ...__
EXHIBIT A
Page~ of-L.Q
LEGEND:
1"",,,,,,,,\,,, '\ "l ~xff.~NiASfMnlT
~ PROPOSED
R.o. W. fASEMfN T
R.o. W. = RIGHT OF WA Y
P.O,8. = POINT OF BfGINNlNG
P,O.C, : POINT OF COMM[NCEMENT
CCfEN', COLLJER COUNTY 7R~SPORTA TJON,
E:HG/NEERtNG & CONS7RUCTJON "'~AGEJ.fE:HT DIVISION
lITLE, SKtrTCH ~D DESCRIPTJON
BEING PART Of" THf SOUTH ISO. OF TRACT 103,
GOLDfN GATE fSTATES UNIT JO, PLAT BOOK 7. PAC[ 58,
COLLIER COUNn: FLORIDA
OATt: FtROJ€CT NO.: SHeET NUMBERI FILE NO.:
04/2002 N6022-002-010- TDHWP 135 OF XXX 2GG-203
Jul ", 2002 - 09"0,38 JNAPIERlx, \SUR\N6022\S'etch Of Oese,'pllonS\5ubmllled\29920Js135.dw9
SOUTH 750' NORTH 180' I
F TRACT 709 OF TRACT 109
I ~
~ GOLDEN GA TE E. TA TfS UNIT 30, 9
Oil. PLA T BOOK 7. PAGE 58 ~
)..
..::::!
~
S.00'15'20"[. 150,00'
~ ~'" '" '" '" '" '" '" ~
EAST UN OF SECTION 29 ~'''S.00''5'20.E. TBO.Op'
SANTA BARBARA BOULEVARD P.D.C. GOLDEN GATE UNIT 6,
Y/'nflt1~~9 PLAT BOOK 5, PAGES 124-134
567
4 COLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 124-134
LEGAL DFSCRIPnON
ALL THAT PART OF THE NORTH 180 FEET OF TRACT 109, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE
58, COLL/ER COUNTY, FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS;
330,00' (PLAT)
770.7
709,7 109
~
s:
..::::!
PROPOSED
----
"'-- ..
P.D.B.
108
~~ltlilmN.1 C
Llt March 28 2 6
I - ~ 'f f 15
o 25 50 100 200
GRAPHIC SCALE
TRACT 108 REPLA T,
PLA T BOOK 19, PAGE 54
2
EXISTING 53' EASEMENT
FOR R, O. W. PURPOSES
(PER PLA T)
:t..
~~
~~
~
(7
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 109, A POINT ON THE EAST LINE OF SECTION 29,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA;
THENCE ALONG THE EAST LINE OF SAID sterloN SOUTH 00'15'20" EAST 180,00 FEET,'
THENCE LEAVING SAID EAST SECTION LINE SOUTH 89'31'51" WEST 5300 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 89'31'51" WEST 63,66 FEET,'
THENCE NORTH 02'35'47" EAST 31.31 FEET,'
THENCE NORTHERLY 112.80 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WESTERLY
HA VlNG A RADIUS OF 2,963.00 FEET THROUGH A CENTRAL ANGLE OF 02'10'52" AND BEING SUBTENDED BY A
CHORD WHICH BEARS NORTH 01'08'42" EAST 112,79 FEET TO THE NORTH UNE OF SAID TRACT,'
THENCE ALONG SAID NORTH TRACT LINE NORTH 89'31'51" EAST 59,04 FEET,'
THENCE SOUTH 00'/5'20" EAST 150.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 9,109 SQUARE FEET MORE OR LESS,
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD,
... ,NOT' /tiSUOYEY ...
.' rI) ',r.: '),1 \ . .
PREPAREDIjY: 'MstiNM .
, If',
CURVF; NUMBER 1
EXHIBIT ~
~ 3(0 of~
ROdius- 2953.00
Delto~ 02'10'52"
Arc= 112,80
Tangent: 55.41
Chord- 112.79
Chord 8rg. N.0/'08'42"E.
'fI, Po OrE :A( 'SURVEYOR 4c MAPPER
FLORIDA'.R.aj1S"!~. ,LS 1562'1 ~ .
NOT VALiD uNLESS' SlcNtd BY THE SURVEYOR AND
SEALED WITH THE SURV[YOR'S EMBOSSED SEAL.
CERrlFlCA T[ or AU THORllA nON I LB- 4J
LEGEND:
'" ~ '" '" '" '" '\ \j ~Xj;~~N1:ASEMENT
~ PROPOSED
R. O. VI. EASEMENT
R. O. VI. - RICHT or WA Y
P.O.B. .. POINT or BEGINNING
P,O.c. - POINT or COMMENCEMENT
BrA1l1HC$ AN BAsro (}N NOlI'"
-- "'/1.01 IN.AD) 1116J.rlfO
AD.lJSDlCNr srAIf PIANf CtJaIDINAIf
$1'S/f.V (GRID) f'OIIl1i:ll1DA CoOST lIJNC
"".il_...
PflOoJECT NO,; 62081 PARCEL NO. ; 1 J6
Wil"Mille""'~~-
-. . ftIg;-. . EcoiosU" . 8InwIon ' L.IIlOIcorI>o Ar<thcfI ' ~ion c:-JI.."
WIaonMIMlIr. Inc.
1OjlIor,,,"-,-,_,,_
.1lIIIWorI.looNtJDtl.~__.___.FtI_,____
CLiENT, COLLIER COUNTY TRANSPORTA TlON.
ENGINEERING It CONSTRUCTION MANAGatENT DIVfSlON
mLE, SKacH AND DrscRtPTfON
S[(NG PART OF THe NORTH r80' OF TRACT 109.
GOLDeN GA TE eSTA TE:S UNIT JO. PLA T BOOK 7, PAGe S8,
COLLIeR COUNTY, FLORIDA
DA E: P'tOJ(CT NO.: $1-f([T NUIISCR": FILE NO,1
04/2002 N6022-00Z-010- TDHWP /J5 OF xxx 2GG-2D.'J
Jul 1 '. 2002 - 09: 10: 50 JNAPIERIX: \SUR\N6022\Sketeh Of Oe.odpt;on.\Subm;tted\2gg20JSl J6.dwO
1
'.-
o 25
~ ~ltomN. C
~ ~ ~ March 28, 2 6
~f15
50 100 200
GRAPHIC SCALE
330,00' (PLAT)
109
\~
:::..
I~
~
~
I~ ~
...... -::!
;::i!
1~
330.00' (PLA T)
TRACT 108 REPLA r.
PLAT BOOK 19, PAGE 54
2
I
GOLDEN GA TE STA TES UNIT 3D,
PLA T BOO 7. PACE 58
PROPOSED PERPrnJAL.
NON-EXa.U5IVE ROAD
R.o. W., DRAINAGE, AND
U71UTY EASEMENT
: '6.2DD st:JlJARE FEET
L EXlsnNC 60' EASEMENT
I FOR R. O. IV, PURPOSES peR PLA T
3D' 300'
g
~
~
:b.
-::!
107
107.1
, I :3 7 PROPOSE.
\ .. ~.v.w.. ~AS[' ~~~.
+
7 \
GOLDEN GA TE CI TY UNI T 6.
PLAT BOOK 5. PAGES 124-134
LEGAL DESCRIPTION
BEING THE NORTH 300 FEET OF THE ~ST 54 FEET OF THE EAST 107 FEET OF TRACT 2.
PLA T BOOK 19, PAGE 54, COLLIER COUNTY, FLORIDA,
~
8 \ ~\~
BLOCK 226 ~.....
[1SnNG 53' EASEMENT
F R R,O, W. PURPOSES
EAST LINE OF (PER PLA T)
SECTION 29 GOLDEN GA TE UNIT 6,
PLAT BOOK 5. PAGES 124-134
SANTA BARBARA BOULEVARD
2
BLOCK 225
TRACT 108 REPLA r.
CONTAINING 16,200 SQUARE FEET MORE OR LESS.
SU8JECT TO EASEMENTS &- RESTRICTIONS OF RECORD,
EXHIBIT ~
Page...21.. of..Jll
i r,;-, (\ ".... . '" /~' "
.".,.,>f{OT" 'A iSUR.YEY
,;;", U) :":' "jJ:' ,
PREPIlR{D dlY: MLSONMI. .,
. r;:. ~;~:\;; (:.'
, 1
...
: .: ~
LEGEND:
"""" "" "" "" """""I ~~b~~NfASEMENT
~ PROPOSED
R.O. W. cASEMENT
R.O, W. = RIGHT OF WA Y
R. P OFf . AL"SURVEYOR &- MAPPER
FLOR!DA . ~eCIS1!!,A '..L5 15627
~., ' \, . ," j , ~
NOT'VALlD UNLESS SIGNEO' BY THE SURVEYOR AND
SEALED WITH THE SURVEYOR'S EMBOSSED SEAL,
CeRFlFlCATE OF AUTHORIZAnOf.li'LB-43
BCAIIINt;S AIff SAstD ON Na/lH
~~::r:Jk''t=.1C
<!'Srr" I_I rat ntJIIDA CAS' ltJN(.
P"OJECl _0,: 62081 PARCEL _0, : 1 J7
WilsOnMillerk'~~'-
"
I'f4mety . ~ . ~ . ~ 'l..INloeo,ooArdnc:io . T........,mlfon C<woittn/,
WisorVBer, Irtc.
,..... FfIrt~._. _'IMP
.l/Q1/l1iorLn.aball.___./IItN _.Fe fH4H1I._ ...__
CLIENT, COI.LlER COUNTY TRANSPORTA TlON,
ENGINEERING " CONSTRUCnON MANAGEMENT DI'tIfSlON
TlTeE: SKETCH AND OESCRIpnON
BONG PART OF LOT 2. TRACT r08 RcPLAT.
PLAT 8001< 19, PAGE: 54,
COLLIER COUNTY, FLORIDA
DATE; PROJECl NO.1 SHEET NUWBER; nu: NO.;
04/2002 N5022-002-010- TDHWP 137 Of xxx 2GG-203
Noy 14, 2002 - 13: 55: 44 LJ.AILLERIX: \SUR\N6022\Skelch 0' De5cr:pllons\Subm:tted\2gg203,'37.dwg
330.00' (PLA r)
~-~ltemN. C
~ ~ - March 28 2 6
~ ~6 f 15
o 2& &0 100 200
GFlAPHIC SCALE
1
107 707.1
SOUTH 750'
OF TRACT 707
~
'"
.....
~
)0
.::j
NORTH 780'
OF TRACT 107
GOLDEN GA TE [S TES UNI T 30,
PLA T BOOK PAGE 58
2
~
;-..
....
"i.
~
)0
.::j
106
706.7
PROPOSED
R.o. W. [ASEM[
t1l
.....
JlllUlCEl NO.
T.~ . . _ ..
I
BOULEVARD
EXIS NC 53' EASEMENT
FOR ,0, W. PURPOSES
(PER PLA T)
GOLDEN GA TE UNI T 6,
PLAT BOOK 5, PAGES 124-134
:l:o.
~~
~~
~
7
2
J
4
5
GOLDEN CA 7f CITY UNIT 6, PLA T BOOK 5, PAGES 124-134 BLOCK 225
LEGAL DFSCRIPTlOff.
B{fNC THE w.=ST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 150 FEET OF TRACT 107. GOLDEN CA T[
ESTA TES UNIT 30, PLA T BOOK 7. PACE 58, COLLIER COUNTY, FLORIDA,
CONTAINING 8,100 SQUARE FEET MORE OR LESS,
SUBJECT TO EASEMENTS &- RESTRlcnONS OF RECORD,
EXHIBIT A
~ '3)) of..JJil..
..... ,'.. '.:" f'.r. p
... NOT A~ SURVEY ...
. ('. ': .
T R, 'R, OFE. AL SUR,.V[YOR ct MAPPER
FLOR!OARtClSTRA " L'5.'15027
NOT VALID UNLeSS 'SIGNED BY mE SURVEYOR AND
SEAU:O WITH mE SURVE'lDR'S [MBOSS[D SEAL
CERFlFlCA T[ or AumORllA nON I LB-43
IKAffINCS All( ltA$EO ON 1KR1H
~~;:J\"fk'~1I"
SI'l'IllI (rMJ) FOIl 1l(Jl(lA tAST lOIK.
LEGEND:
h- """" ""'" "" '" "'l Vb~~N~AS[MEN T
~ PROPOSED
R.O.W. CASEMENT
R,O, W. '" RIGHT OF WA Y
;:'i. /
.RwECT NO., 62081 .AllCEL NO, : 1 J6
WilsOnMiIIBrM'~w~
,..
_.. e-. . E!a>/otiIII . an.,.,. '"--ArcNtoc1lt . ~./IonCctlo<t/.",.
WlrllllM.lfer, Inc.
NIploo'FaI~'_'_'T_
all_LMo"'lllJ'''''__,_~,r.. _.__....
ClIENT: cot.LJER COUNTY 1RANSPORTA71ON,
ENGlNaRlNC It CONS1RUC71ON ItIANACEIrIENT DIVISION
TiTLE, SKacH AND DESCRIP710N
BEING PART OF THE SOUTH ISO' or TRACT 107,
GOLDEN GA TE ESTA T~S UNIT .30. PLA T 800K 7, PAGE 58,
COLLIER ,COUNTY, FLORIDA
O...TE:: PROJECT NO.1 SHEET NUWBER: YILt NO.:
04/2002 N6022-002-010-TDHWP 1.38 OF xxx 200-203
Jul 11, zooz - 09,11: 25 ""'APIERlx: \SUR\N60ZZ\Skelch Of D.sc,jPtIOns\Subm;H.d\2~~Z03$'38.dW9
330.00' (PLA T)
707 107.1
SOUTH 750' NORTH 780'
OF TRACT 707 OF TRACT 707
81 . 18q 81
!">
"" :-.
.... ...
~ '"
,., ~
~ ,.,
~
2 I
!
I
1
""
....
\,
BARBARA BOULEVARD
7
2
3
~
~
o 2~
~lt"'mN. C
J ~ March 28 2 6
~7 f 15
!O 100 200
GRAPHIC SCALE:
GOLDEN GA TE ES A TES UNIT 3D,
PLA T BOOK PAGE 58
706
706.7
PROPOSED
~,.O, W. EA.S~MEN I ~ .
EXIS NG 53' EASEMENT
FOR ,0, W. PURPOSES
(PER PLA T)
GOLDEN GA TE UNfT 6,
PLAT BOOK 5, PACES 124-134
4
6
5
COLDEN CATE CITY UNIT 6, PLAT BOOK 5, PAGES 124-134 BLOCK 225
LEGAL DESCRIP7TON
BDNG THE WEST 54 FEET OF THE EAST 707 FEET OF THE NORTH 180 FEET OF TRACT 107, GOLDEN GA TE
ESTATES UNfT 3D, PLAT BOOK 7, PAGE 58, COWER COUNTY, FLORIDA.
CONTAINING 9.720 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS or RECORD.
t ~ ~
... NOT' A, SlJRvEY ...
$ " f .: (I ~- J 1 '.
PREPAREO' 8Y: ',WlLSONMl
I 1'"
c
r R,P OFf AI., SURVEYOR &! MAPPER
FLORIDA RfCISrRA L'S'f56Z1
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED WITH THE SURVEYOR'S [MBOSSED SEAL.
. ".
CERFlFICA T[ OF AU THORIZA nON I LB,-,43
BCAHOICS ARC BASED ON NORItf
AJl{RfCA/i /lA1W (N.A.OI INS-1m
AAA/STllCNr swr P/.ANC C~JA/r
SI5/01 (r;tfI(}l roR /ttlllllA CAST ZONe.
""OJECT NO., 62081 PARCEL NO. , 1.39
WilsOnMillei'~'~~~
"..
-. . ~ ' Ec%f1r1. ' &ne)'<lt'l . l.MldocIpe ArcM_ . T~."'" ConIIJ/....
WIlBonI.IiW, lne.
""'.ForlIJpn ._._.,_
l1OOilIlorLMoil'lW'___,__,,,, ~.iI'tO-61t ...__
EXHIBIT A
Page_ 3~1 of..lQ1.
LEGEND:
~ '" "" "" ~"""" "l f{ff~N~ASEMENT
~ PROPOSED
R,O,W. EASEMENT
R.O,W. = RICHT OF WAY
CLIENT, COUJER COUNTY TRANSPORTA TlON,
ENGINEERING I; CONSTRUCTlON MANAGEJlENT DfV1S1ON
"'LE, SKE:TCH AND ~a:lIPTlON
BnNC PARr OF rHo NORrH T80' OF rRACT T07,
COLDeN GA re EsrA rES UNlr 30. PLA r BOOK 7, PACE 58.
COLLIER cOuNry, FLORIDA
CATE; PROJECT NO.: Sl-lEtT NUMSER: rlU: NO.1
04/2002 N6022-002-070-rOHWP 739 OF xxx 200-203
Nov lJ, 2002 - 11: 4B: J4 LMILLERIX:\SUR\N6022\Sketch 01 DescripUons\Submilted\2qq20JslJ9,dwg
JJO, 00' (PLAT)
~ J~:ltfilm No 1 C
~ March 28, 2 6
~ ~ f 15
o 25 50 100 200
1\:1 GRAPHIC SCAlE
0:. ~ EXISTING 60' EASEMENT
~ I FOR R. O. If. PURPOSES PER PLA T
~ I GOLDEN GA TE ES~A TES UNIT 30.
~ PLA T BOOK 1 PAGE 58
~
e:
~ ~
; ~ I 104 104. 1
~ ~ I . R/:"tf1P~t"\...
105.1 105
SOUTH 150' NORTH 180~
OF TRACT 105 OF TRACT 1051
PARCElNO )"i3
106.1
e:
po
q
~
,.
-::::!
I.h
~
6
7
8
EAST U [ OF SEcnON 29
SANTA BARBARA BOULEVARD
9
GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 724-134 BLOCK 225
LEGAL D.ES.CRIPTlON
BEING THE WEST 54 FEET OF THE EAST 707 FEET OF THE SOUTH 750 f[ET OF THE NORTH 780 FEET OF TRACT
105. GOLDEN GA TE ESTA TES UNIT JO. PLA T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA.
CONTAINING 8,100 SOUARE FEET MORE OR LESS,
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
EXHIBIT A
Pege~ of..J1il.
)' .'
.,-,'j{()XnA: SvRVEY ...
. ',. .'~ ( :: K ".
PREPARED ,fir., lt1LSO~M
, j.
LAN T' R, P OF[ ilL SURVEYOR ct MAPPER
FLORIDA, RECIS(R'A LS~1.5627
NOT VALiD UNLiss'SICNED BY THESURVrYOR AND
SEALED, lt1TH THE SURVEYoR's EMBDSSED SEAL.
' .' ,~ . ..,'" '. ,,' '" '-.j. ,:", , ,.,',"
CERF/F/CA TE DF AUTHORIlA nON I iB-'4J "
IKA/tINCS ARC BASCD (II NORTH
~~~::,p~'~1t
S'fS1C/I (GIlt)) fOIl fllJRIOA tAST lONt.
LEGEND:
f">,>,, '" " "'" '\! ~X!f~N~ASEMENT
~ PROPOSED
R,D,W. EASEMENT
R.o. w. - RICHT DF WA Y,
PROoIECT NO,; 62081 PARC'" NO, : 143
WilsDnMillllr--~~'--
~
-. . ~ . ~ ' ar.o,.... ~__NoN/..u . Tl'_.IionC_nt.
WKeonAlIer. Inc.
,...., An..........' _.T"""
1ll>>"'Lw,llololDD.,..,..__.".". _.'" ~.__...
CLIENT: COI.UER COUNTY 'TRANSPORTA nON,
ENGINEERING &t CONS'TRUCnON MANAGEMENT DIVISION
TlTL', SKO'CH AND DE:SCRIP71ON
BriNG PART OF THE: NORTH T80' OF TRACT 705,
COWEN GA Tr E:STA TE:S UNIT JO. PLA T BOOK 7, PAG. 58,
COLL/oR COUNTY, FLORIOA
DATE: PIWJtCT NO.: $HEtT NUM8EI'h FILE NO.1
04/2002 N6022-002-0TO- rDHWP T4J OF xxx 2GG-20J
No. 1J, 2002 - 13:13:37 LM'LLERIX:\SUR\N6022\Skolch or Ooscriptlons\Submltl.d\2gg203sI43.dwg
8
I~
~
\~
s ~
'~J ~.
I gs ~
~~
~
I~
104
104.1
~ ~.!i ItQmN.1 C
~ ~March 28,2 6
~ ~ f 15
o 2'$ 50 1DO 200
CRAPHIC SCALE
330.00' (PLA T)
[XISnNG 60' [AS[U NT
FOR R,O.W. PC/RPOSES P PLAT
105
SOUTH 180'
IOF TRACT 104
NORTH 150'
F TRACT 104
I~ ~
GOLDfN GA Tf fSTA 7FS UNIT 30,
PL T BOOK 7, PAGf 58
103,1
~
,.
~
~
~
:t
~ 103
,.,.,
~ PROPOSfD
~ R. .w. ~A~EMENT.~
:ct
'"
<oc
SANTA
fXISTING 53' EASEMENT 7
(FOR R.o. W. PURPOSES
LINE aF SEC ON 29 29 20. (PfR PLA T)
28 21 GOLDEN CATE UNIT 5,
PLAT BOOK 5. PAGES 124-134
1 BLOCK 189
GOLDEN GA TE ESTA TES UNIT 5,
PLAT BOOK 5, PAGf 117-123
LEGAL DFSCRIPTlON
BONG THE M"ST 54 FffT OF THE EAST 107 FEfT OF THE NaRTH 150. FEU OF THE SOUTH 180. FEfT OF TRACT
10.4, GOLDEN GA TE ESTA TES UNIT 3D. PLA T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA.
CONTAINING 8.100 SQUARE FfET MORE OR LESS.
SUBJECT TO. EASEMENTS & RESTRICTIONS OF RECORD.
EXHIBITL
Page.3.L of~
. .
....NOT..A. SuRVEY ...
J" . { "'"'' 'f. > '. ,~.
PREPARfD /3y: II'! .sONA! ,.lHe:
" ~ ", .' \ I.', :~..'
. ", \ \ (I', .'
LEGEND:
~ "',>,," '\'\ '\"1 Vb~~N~ASEMENT
~ PROPOSEO
R,O.W. [ASEMENT
R,O. W. = RIGHT OF WA Y
LANe. r. R; 'Po OFE: AL SURVEYOR &- MAPPER
FLORIDA R[GISt1?~ " L5'15527.
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED WITH THE SURVEYOR'S E!JBOSSED SEAL.
C[RFlFlCA'rr OF AU THORlZA nON I LB-.$]
BfARINCS IJlf 8AStD ON NCRnI
AIICItICAN ,"rrJII (N.A.O) 'lLl-tlJ()
AfMJS1IIEJIr STA Tr PLAN{ COORrJI!NA rr
SYS/CI1 (GRrJ) 'OI/IlORrJA CAST lON(,
PRwtCT NO., 62081 PARCtL NO. , ,...
Wil"Miller--~w-
I'Iomero . ~ . ~ . &Iw)'<ro . l.IndJcopo AA:lilooII . ~'''''' c_,
W'~, Inc.
/iJIIt.I'orlI!rr'_'_.T_
3lC08*rLn.N.llIl. ~__.".",. __.f<J NHO-flIl. _ ..._....
CL~N': COI...LJER COUNTY TRANSPORT A nON,
ENGINEERING It CONSTRucnON MANAGEMENT DIVISION
TITLt: SKETCH AND D~/PnON
BE:tNG PART OF THE SOUTH 780' OF TRACT 104,
GOLDEN GA TE ESTA rES UNIT 30, PLA T BOOK 7, PAGE 58.
COUIER COUNTY, FLORIDA
DA1C: PRwrCT NO.: SHEET NUWSER: nu: NO.:
04/2002 N6022-002-0I0- TDHWP 144 OF xxx 2GG-20J
Nov 13, 2002 - 13: 14: 56 LM,LLERIX: \SUR\N6022\S,.lch 01 OtsC,iplions\SUbmitt.d\299203s14..dwg
I~
~
:t..
I~ ~
105 ~ ~
I~ ~
A
I~ -:::!
~
I~
-.,
104
1 04.1
~~ltQmN C
Llt March 28, 2 6
~f15
D 2$ ~ 100 200
GRAPHIC SCALE
330.00' (PLAT)
EXISTlNC 60' EASEAl NT
FOR R. O. W. PURPOSES P PLA T
SOUTH 180'
lor TRACT 104
NORTH 150'
F TRACT 104
I "-15 ~
~
A
-:::!
GOLDEN GA TE ESTA rES UNIT 30,
PL T BOOK 1. PAGE 58
10J. 1
~
~
~
~ 103
,."
~ PROPOSED
~ R. W. E~~E~ l
~
~ ~
EAST LINE OF SEcnON 29
SANTA BARBARA BOULEVARD
CORONADO PAKWAY
8 I 9 BLOCJ 225 10 I 11 ,,)
GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 124-134 I
LEGAL DESCRIPnON
BEING THE {.II[ST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF TRACT 104, GOLDEN GA TE
ESTA TES UNIT 30, PLA T BOOK 1. PAGE 58. COLLIER COUNTY, FLORIDA.
EXISTING 53' EASEMENT 7
(FOR R,o. W. PURPOSES
29 20 (PER PLA T)
28 21 COLDEN GA TE UNIT 6,
PLAT BOOK 5, PAGES 124-134
1 BLOCK 189
COLDEN GA rE ESTA TES UNIT 5,
PLAT BOOK 5, PAGE 117-123
CONTAINING 8,100 SQUARE FEET MORE OR LESS,
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD,
EXHIBIT d
P8ge~ of...L[2
... NOt.A. sclJwEy' ...
", (.~\.; ; ',.'~ "
PREPARED 8t: WlLSONMI t ,'./NC:
I \ I,
LANe T, .R. P OFf, AL SURVEyOR &- MAPPER
FLORIDA REC(SmA,., LS':15627
NOT VALID UNLE:sS $ICNtO' BY THE SURVEYOR AND
SEALED WITH THE. SURVEYOR'sE/./BOSSfD SEAL.
cmFIFlCA Tf OF AUTHORIZA nON I L8-43
BCARWCS ARC ,ASED ON NCRrH
.urIlfCAN D.4/lAt (1I."D) ,HJ.IIJD
NJ./JS1W(N' sTAIr I'tANC CDQlIIl.wr
SJ'SICM (t;Itt)) fOllI1,*,A (ASf /OI.C
LEGEND:
"'''' "" "" "" "" "" "J Vg~Nf:ASEM[NT
~ PROPOSED
R, O. Iv. EASEMENT
R.O. Iv. '" RICHT OF WA Y
.ROJECT NO., 620B1 PARCEL NO. : 1 ~
Wil.MilleiM'~uu-
-. . ~, . EccIoQIr" . 1lJwl"'r . ~Arclhlootr '1l'~"'" CGnIlIl,nII
WUMl/ier; /nc.
_.FfIrl~'_'_.T....
.Illll8llllLMl\ll/lollll'''''_~DH5W'_ _'Fu_..___
CLIENT, COLLIER COUNTY TRANSPORTA nON,
ENGINEERING ct: CONSTRucnON IiIANAGENENT DIVISION
TITLE: SKETCH AND DE$CRIPnON
BEINe; PART OF' THe NORTH 150' OF TRACT 104.
e;OLDtN GATt tSTAres UNIT JO, PLAT 800K 7, PACt 58,
CO~L1eR COUNTY, FLORIOA
OItTE:: PROJECT NO.: SHtET NVW8ER: YILE NO.1
04/2002 N8022-002-010- TDHWP 145 OF xxx 2GG-20.J
Noy IJ, 2002 - I J: 15: J2 LMILLERIX: \SUR\N6022\Skelch Of Ooscrip\ions\SUbmllted\2gg20JSI45.dwg
---
703
~~tQmN.1 C
L:4 March 28, 2 6
l,.t- ~1 f 15
o 2~ ~ \00 200
GRAPHIC SCALE
SOUTH 750' NORTH 780'
OF TRACT 703 OF TRACT 703
~
S5
5:' GOWEN
PLA
GOWEN GA TE STA TES UNIT 31,
PLA T BOO 7. PAGE 59
704,7
~
r-
~
~
~
<)
::::j
~
~
ATE ESTA TES UNIT 30, B;
BOOK 7. PAGE 58 ~
q
""$
,..
-::::
779
779.7
~
""$
,..
-::::
P, PERPETUAL.
NON-EXCLUSIVE ROAD
R. . w., ORA/NAGE, AND
UTIliTY EASEMENT
"'00 stJUNlC FEET
PROPOSED
R.O, W. EASEMEN T
150'
MRCEL NO.
'"
...
150'
'"
29 20,
28 21 SANTA
CORONADO
PARKWAY)
77 '\
LEGAL DESCRIP110N
BEING THE WEST 54 FEfT OF THE EAST 107 FEET OF THE SOUTH 150 F[fT OF TRACT 103,
[STA TES UNIT 3D, PLA T BOOK 7, PAGE 58, COWER COUNTY, FLORIDA.
EAST LINE OF S[CTlON 20
BARBARA BOULEVARD GOLDEN GATE UNIT 6,
PLAT BOOK 5, PAGES 124-134
EXI TlNG 53' EASEMENT
FO R,o. W. PURPOSES
(PER PLA T)
1
GOLDEN GA TE CITY UNIT 5, PLA T BOOK 5, PAGES 117-123
2
3
BLOCK 189
GOWEN GA TE
CONTAINING 8,100 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS &- RESTRICTIONS OF RECORD.
EXHIBIT .4
Page..i.i. of-1.Q.l
10,1,__'.
... 'NOT: A' SURVEY...
I
: I
PRCPAR[D'BY:
LANe, T RI P OFf
nORIDA RtclSTRALS #5627
" ,
NOT VALID UNLES$SIGNED BY THE SURvrYOR AND
SEALED WITH .THESURvrYOR'S EMBOSSED SCAL.
efRFlFlCA T[ or AUTHORIZA nON I L8-43
BCAJIINCS ME BASCO ON _711
AJ/CRlCAN DAIIM (H.A.DI INHHD
AO.IJS1JICNT ST. If flr.ANC COOIIlWA II'
S"lS1CIi ICl/JDI fOR nOllOA WT lONE.
LEGEND:
1,,""'''''-''''-''''- ""-'i f{bS~NfAS[M[NT
~ PROPOSED
R.O, II' CASEMCNT
R.O,W. '" RIGHT OF WAY
PROJECT NO,: 62081 PARCEl. NO. : 146
Wil.Mille'--~~'-
- . ~ . ~ . SlIwI'<r. ' Landoc_ Ar<IhcIJ . r""""""'bn CMIlJIonII
WironM.fllr, Inc.
,"",,0 """""......._ ,r....
381JWoyLMll,IlMIIJC.___.rn,,_."'_.____
C",tNT; COUJER COUNTY 1RANSPORTA TlON.
ENc:tNEERlNG . CONS7RUCTlON MANAGEMENT D/'lfSlON
mLt: SKETCH AND DESCRIPTION
BDNG PART OF TH[ SOUTH 150' OF TRACT 1O.J,
COLDeN GA Tt [STA TtS UNIT .JO, PLA T BOOK 7, PAGe 58,
COLLIeR COUNTY, FLORIDA
CAfE: PROJECT NO.: SHEET NUMBER; rILE: NO.:
04/2002 N6022-0D2-010- TOHWP /46 OF XXX 200-203
Nov \3, 2002 - 13: 18: 30 UAILLERlx: \SUR\N6022\Sketch Of Oeseript:ons\Submltted\2gg203s146.dwg
103.1
103
~ ~ltemN. C
~ -r "'March 28 2 6
~f15
1.- ~
o ~ ~ ~ ~
GRAPHIC SCALE
104.1
SOUTH 150' NORTH 180'
OF TRACT 103 OF TRACT 103
~
~ GOLDEN ATE ESTA TES UNIT 30,
5:! PLA BOOK 7. PAGE 58
r-
;;:
"'i
~
R NO.J hf i(
::::!
~
~
GOLDEN GA TE STA TES UNIT 31,
PLA T BOO. 7. PACE 59
~
,..
~
~
:..
-:::!
~
~
~
~
:..
-:::!
119 719. 1
29 20
CORONADO 28 21 SANTA BARBARA
PARKWAY,\
. . 17 '\,
LEGAL DESCRIPTION
BDNG THE M"ST 54 FEU OF TH[ EAST 107 F[U OF THE NORTH 180 FEU OF TRACT 10.3. GOLDEN GA T[
[STA TES UNIT 30.. PLA T BOOK 7. PAGE 58, COLLIER COUNTY, FLORIDA.
PROP SED
R.o.W. EASEMENTl
. . _I'
~.
~
EXI TING 53' EASEMENT
Fo. R,o. W. PURPOSES
(PER PLA T)
BOULEVARD GOLDEN GA TE UNIT 6.
PLAT BOOK 5, PAGES /24-134
1 2
GOLDEN CATE CITY UNIT 5, PLAT BOOK 5, PAGES 117-123
3
BLOCK, 189
CONTAINING 9,720. SQUARE FEET MORE OR LESS,
SUBJECT TO. EAS[MENTS &- RESTRICTlaNS OF REcaRD.
EXHIBIT A
ParIe..:t:L of-1Q1
, .
~ J '" I
....;NOT:::A::SURVEy...
I ,:/ :,~::) .' .",
PREPARED BY: WfLSONMl . INC..
. , "', : \ ~,
R,I P, OFf. :.Il SURrfYOR & MAPPER
FLORIDA Fyff!lSrRA:LS45627
NOT VALID UNLeSS SIGNED .Br. THf SURrfYOR AND
SfALED WfTH THf SURI/E:YOR'S '[MBOSSEDSfAL.
CERFIFlCATf OF AUTHORIZAnON I LB-4J
BCARiNC$ NtC &42'0 (M NOlml
AMCIIJCAN ""not IHAD) tW-IUD
AlMJSJllCNT STArr f'V.Nr CfJOI/DINA rr:
srs7DI ICRfO) 'OR 1l/llODA CAST lONe.
LEGEND:
"''''- "" "'- "'- "'- "" "l ~Xb~;'N~ASfMENT
~ PROPOSED
R.O, W. EASEMENT
R.O, W. = RIGHT OF WA r
.ROJECT NO.: 620Bf .""'CEl. HQ, I f..7
WilS;nMiller'-'~~I-
-. . Erell-. ' EooIog/III . -..... . LMdoo...--. . ~IIJOI'I COI'ItlilInto
WiIIonMIfer, /TIc.
,.,....FMlO'n._._.r_
1lIlD_lh."IlO,~__,,,,,,,"_.FtI_'lilIIclllt_.....
CUENT, COUJER COUNT'( TRANSPORTA 7JON.
ENGINEERING 6: CONS7RUC7JON AlANAGENEHT DI'VrSlON
lITLE: SKncH AND DBCRIP7JON
BEING PART OF THE NORTH '80' OF TRACT 'OJ.
GOLDEN GA Tf ESTA TfS UNIT .10. PLA T BOOK 7. PAGE 58.
COLLIER COUNTY, FLORIDA
041[: PAO./(CT NO.; 5"'[[T NUUBER: FILE NO.:
04/2002 N6022-002-070- TDHWP 747 OF XXX 2GG-203
Jul ". 2002 - 09; 16: 46 JNAPIERIX; \SUR\N6022\SketCh Ot D..c,iplion.\Submitted\2gg203.,47.dw9
(;)
~
~~
:...:;::
"-i
CJ::l~
8~
~'"
.,,~
:..:
~h=1
~Vj
r>ic::
ln~
Co"-i
'"
.<:::>
119
719,1
~ ~ltAmN.1 C
L4 I - March 28, 2 6
.........., f 15
'r,J'- c::=::l
o 2. 50'00 200
GRAf'HIC SCALE
JJO, 00' (PLAT)
~
:..
'=!
~
:..
'=!
178
I~
~
\~
~I
\g
~
~
"-3
[XISTING 53' EASEM[N
FOR R,o. W. PURPOSES
(PER PLA T)
~
:-..
~
SOUTH 780' NORTH 150'
OF TR ACT 119 OF TR ACT 119
PARCEL N . 71..1 r
~
Ul1UTY SEMENT
1,1.20 FEET
GOLDEN GA TE ESTA TES UNIT 31,
PLA T BOOK 7. PAGE 59
e1
'"
~
103
'0,
....
PROPOSED
R.o.W. EASEMENTl
..-..-..
.~,
SANTA
[CTlON 20
GOLDEN GA Tf UNI T 6,
PLA T BOOK 6, PAGES 124-134
2
3 4 5 6
GOLDEN GATE CITY UNIT 5, PLAT BOOK 5, PAGE 117-123
BLOCK 189
LEGAL DESCRIPnON
BflNG THE WEST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 180 FEET OF TRACT 119, GOLDEN GA TE
ESTA TES UNIT 31, PLA T BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA.
CONTAINING 9,720 SQUARE FEU MORE OR LESS,
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
EXHIBIT A
Page~ of...J.(d
...NOT~''A; StnJVEY ...
I.' ~'.;. . . ,
PREPARED ~B;Y: W1LSO~M' .
LEGEND:
~ '" "''''' '" '" '" ~ 7fff~N~ASEMENT
~ PROPOSED
R.OW. EASEMENT
R,o. W. = RICHT OF WA Y
I<;.p OfF AL SURVEYOR & MAPPER
FLORIDA RECISTRA LSI5627
NOT VALID UNLESS SICNfD BY THE SURVEYOR AND
SEALED I+1TH THE SURVEYOR'S EMBOSSED SEAL.
CERFlFICA T[ OF AUTHORIZA nON I LB-4J
B(ARfNr;S ARC BASCo ON NORTH
AIJ{RtCAN OA TW (N..A.D) fHJ-'no
AAJ./S]lIOIr STA.1r PUN( COQIiOIWA'fC
Sl'S1tII (CIIIOI 'OR ntlflDA EAST lONE.
PROJECT NO.: 62081 PAIlCE, NO, , 148
Wils;nMillerM'~w-
-. . "'-' . ~ . ~ ' (.~ ArdlIoofo . TrowpaIllbt1 CoN<JI_
WMocnl.lller, nc.
_,""'_._._.r....
3lOOEJdrfllllOllbm. ""_~I1H5a7'_ __.,., "'_'_ __co.
CUE"" COLLJER COUNTY TRANSPORTA TJON,
ENGINEERING &' CONSTRUCTlON IIANAGDlENT DIVISION
TITLE; SKE:TCH AND DESCRIPTJON
8E1NC PART OF" THE SOUTH 180' OF" TRACT /79,
GOLDEN GATE: ESTATES UNIT Jr, PLAT BOOK 7, PACe 59,
COLLIeR COUNTY, FLORIDA
DATt: PROJECT NO.: SHEET NUWa[;RI FILE NO.:
04/2002 N6022-002-0l0- TOHWP 748 OF xxx 2GG-20:S
Nov \3, 2002 - , 3, 2': 36 Llo<'LLERIX' \SUR\N6022\Sk.'c~ Of Descrlpl;ons\Subm;tted\2gg203s'48.dwg
~
:t:l~
S::i:
""1
t:l;l~
8~
::0;,..,
.'-oJ~
A
~t;1
~Vi
<:::::
~~
""1
-~
779
119.1
~~lt~mN.1 C
~ March 28, 2 6
~f15
a 2$ $0 100 200
GRAPHIC SCAL~
330.00' (PLAT)
SOUTH 780'
OF TRACT 119
~
:-... PARcel NO.
~
~
-:::!
NORTH 150'
OF TRACT 119
I q ~
~
~
:0..
-:::!
GOLDEN GA TE ESTA TES UNIT 31,
PLA T BOOK 7, PAGE 59
~
"'"
0-
~
I~
~
Ig
~
~
"'"3
EXISTING 53' EASEMEN
FOR R. O. W. PURPOSES
(PER PLA T)
GOLDEN GA TE UNI T 6,
PLAT BOOK 5, PAGES 124-134
778
103
PROPOSED
R.O,W. EASfMENT~
. . . . .
fA T LINE OF SECTION 20
SANTA BARBARA BOULEVARD
2
3 \ 4 5 6
GOLDEN GATE CITY UNIT 5, PLAT BOOK 5, PAGE 117-123
BLOCK 189
L(GAL DESCRIPTTON
BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF TRACT 119, GOLDEN GA TE
ESTA TES UNIT 31, PLA T BOOK 7, PACE 59, COLLIER COUNTY, FLORIDA.
CONTAINING 8,100 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
EXHIBIT 4
Page..:iL of.J11l.
... ,NOTci:, SURVEY ...
:,' f' ,. :';.:: ) ~.. " ,
PREPARED ~8:Y: WILSONML .: iNC,
> ~ ,I. r)
<. .
LANe. r . .p, OFf. ilL SURVEYOR & MAPPER
FLORIDA RECIST'R:A.LSJ5627 .
NOT VALID UNLESS slcimj By 'tHE SURVEYOR AND
SEALED WITH THE SURVEYOR'S EMBOSSED SEAL.
CERFIFlCA T[ OF AUTHORIZA nON I LB-4J
B(A/I1N(;f AR{ 8A.lfIJ ON NOIIIII
.wrRICNI1M1IAI (N....DI IIW-mll
AJWS/IilNf sTAIr PI._ COOIItJ/NAIf
SYSf/iM (C1/f()1 ral FLC>iItIol {AST la<<.
LEGEND:
~ '" '" '" '" '" '\ \j ~~b~~N~AS[M[NT
~ PROPOSED
R,O,W, EASEMENT
R,O. W. . RIGHT OF WA Y
PROJECT NO.' 62081 PAReEe NO, : 149
Wil.nMiIIBiN'~~~
f'Iomon . ~ . ~ . SIno_. l.ondIcape~ ' T~lIM CtltViJIl1lII
~t1c.
_'FG1~'_''''_.T_
#llIlI/olorI.Mo&lo>>J',*"",__'__,,,,,~,___,,,,
CeltNT: COL.LJER COUNTY TRANSPORTATION.
ENGINEERING Ie CONSTRUCTION MANAGEMENT DIYlSlON
meE: SKE:TCH AND D~/PTlON
BeiNG PARr OF THe NORTH 150' OF rRACT /19,
GOLDeN GA Tr eSTA Tl:S UNIT JI, PLA T BOOK 7, PAce 59.
COLLIeR COUNTY, FLORIOA
DATE: PNOJE:CT NO.: SHtEl HUUBEIltI "'1.[ NO.1
04/2002 N6022-002-010- rOHWP /49 or XXX 2GG-203
NOY 1J, 2002 - 1 J: 22: 40 LI,1JLLERlx: \SUR\N6022\Skeloh 01 Oe,crlptio'5\Submitlad\299203.149dw9
118.7
330,00' (PLAT)
WEST 330'
OF TRACT 118
1 C
6
15
....
118 :::-
~\ GOLDEN GATE STATES UNIT 31,
PLA T BOO 7, PAGE 59
779.7 EAST 522. 87'
OF TRACT 118 ~
e; I ~I~I 117 117.7
N PROPOSED PERPE:TlJAI.,
~ NON-EXCLUSIVE ROAD
""tJ ::t:
""tJ ~ R.o.W., DRAJNAGE. AND I ~ ij I PROPOSED
PARCli NO. ! 2 uTlUrr CASEMENT R.o. w. EASEM ~~ .. - .
\ 'UOD 5t1tJNE FFET
300'
'""
"":.
XISTlNG 53' EASEM[~
FOR R,O, W. PURPOSE
(PER PLA T)
EAST LINE OF SECTION 20 SANTA GOLDEN GA TE UNI T 6,
PLAT BOOK 5, PAGES 124-134
7 8 9 70
4 5 6
GOLDEN GA TE CITY UNIT 5, PLA T BOOK 5, PAGE 111- 723 BLOCK 189
LEGAL DESCRIP710N
BEING THE SOUTH 300 FEU OF THE WEST 54 FEU OF THE EAST 107 FEU OF THE EAST 522.81 FEET OF
TRACT 118, GOLDEN GA TE ESTA TES UNIT 31, PLA T BOOK 1, PAGE 59, COLLIER COUNTY, FLORIDA,
CONTAINING 16,200 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS &- RESTRICTIONS OF RECORD,
EXHIBIT-1L-
~ 47 of-111
... NOT A SURVEY...
'. ".\
T f(,. P Of[. ilL SURVEYOR .t MAPPER
FLOR/Oll REG/smA L~, #5627'
NOT VALID UNLESS SIGNED 8Y THE SURVEYOR AND
SEALED WITH THE SURVEYOR'S EMBOSSED SEAL.
CERFlFlCA TE or AUTHORIZA TlON I L8-43
BfARJNCS ARC &lSCO ON NORIN
N/ERlr;AN DAllAl "'..D) IHJ-mo
AlMJS7IJ[Nr STATe PLANt CfJOIfDINA1C
snrr" 1_) FOIl n"""" CASr lOf/{.
LEGEND:
"'~ "" "" "" "" "" ~ f{b~~N~ASEMENT
~ PROPOSED
R.o.W. EASEMENT
R.o., W. = RICHT OF WA Y
"""JECT NO, 62081 P,,"CEI. NO. : 150
WilS;nMillei--~~'~
-.. ~. ~. ~ 'l.ondr_NcNedt. ~""CaWI",'.
WHaon\filor, k>c.
_./VII/)ln._._.lMI>o
.DOIl"",t..,U,IlO.~__._ _.Fu _'1l'IHIO __on
CUENT: COUJER COUNTY TRANSPORTA TlON,
DlGlNEERtNG It CONSTRUCTfON AlANAGalDlT DIVISION
TilLE: SKETCH AND DESC;RIPTlON
I3F:1NG PART OF THE tAST 522.8" OF TRACT 778.
GOLDtN GA TE: tSTA TE:S UNIT .Jr. PLA T BOOK 7. PAGE 59.
COLLIeR COUNTY, FLORIDA
OAT~ PROJECT NO.; $HEET NUMBER; riLE NO.:
04/2002 N6022-002-010- TDHWP r50 or XXX 2GG-2OJ
Noy 1 J, 2002 1 J: 2J: 10 U"LLERIX: \SlJR\N5022\Skelch O' DescriptiOllS\Submltted\29920J",O,dw9
~
-~
I~
<::
118 I ~
gs
~
I~ ~
~ ~
~ :...
V5 ~
~
~-~ltl3mN.1 C
~ March 28, 2 6
~ I - T f 15
o 25:lO lDO 200
CRAPHIC SCALE
--- EXISnNG 60' EASEM. NT
I FOR R,O, W. PURPOSES A PLA T
117
I SOUTH 780'
bF TRACT 77 7
777.7
NORTH 750'
F TRACT 77 7"",
....
!'o>
~
~
:...
~
GOLDEN GA TE STA TES UNIT 31,
PLA T BOO 7. PAGE 59
776.7
176
PROPOS D
R,O.W. EAS: MENT~
..-., "
EAST LINE OF SEC7i N 20
GOLDEN GA TE UNIT 6.
PLA T BOOK 5, PAGES 124-134
EXISTING 53' EASEMEN
FOR R. O. W. PURPOSES
(PER PLA T)
SANTA BARBARA
7
8
9
70
71
~~
~~ (;T
~ t; 18:OC; TBB
GOLDEN GATE CITY UNIT 5. PLAT BOOK 5. PAGE 117-123
BLOCK 189
LEGAL DESCRIPnON
BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF THE SOUTH 180 FEET OF TRACT
117. GOLDEN GA TE ESTA TES UNIT 31, PLA T BOOK 7. PAGE 59, COLLIER COUNTY, FLORIDA.
CONTAINING 8,100 SQUARE FEET MORE OR LESS,
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD,
EXHIBIT /1-
~,4Y; of--1.Q
j' ; ~
... NOT' 4,SuilVEY ...
: " ./ " ,J, ;')~ ') I /. "
PREPAR[{), BY: 'WlLSONM . INt:
, ' j (.. ~ : . 2
,\;
LANe, r ''R:. P OF[, Ai SURVEYOR ~ MAPPER
FLORIDA REGIS'[T?A , L~:1562?'
NOT VALID UNLESS'SIGN[{) 'BY THE, SURVEYOR ANO
SEALED WITH THE SURVfYOR'~ EMBOSSED, SEAL.
CERFIFICA'T[ OF AUTHORIZAnON I LS-ifJ ," .
8C~ ARC 8ASCO ON NOR'"
IJI(IIICNIllol7tal (N,A.D) INJ-IIfe
AD.lJsTlltNr STAl'E' PLANe cot:J/f(JINA1C
Sl'SrnI I_I rar 1'1-.. CAS'RM.
LEGEND:
"''''' "" "" "" "" "" ~ Vfl~N~ASEMENT
~ PROPOSED
R,O,W. EASEMENT
R, O. W. ,. RIGHT OF WA Y
PROJECT NO., 62081 PARCEL NO, : 1 S1
WilS;nMillei'-'~~'~
I'Iornn . ~ . Eoc/ogttI . ~ . !.Indoc.tpe ArdIII.... . T~.oon C""""ri
WilfcIlIMer, /1le.
NI/*I.1IIIt,...... _. _.T_
.IlOlBoloyI.w,....m.,.__.",.." _.IV _SlII._ ..._"'"
CLlENT, COUJER COUNTY TRANSPORTA TJON,
ENGINEERING It CONSTRlJCTJON MANAGEMENT DIVISION
mLE, SKETCH AND DESCRIPTJON
BEING PARr OF THE SOUTH lBO' OF 'TRACT 117, ,
GOLDEN GA TE ESr A TE:S UNI r .11. PLA r 800K 7, PAGE 'S.
COLLIER COUNTY, FLORIOA
OATE: PR tcr NO.: $H NUMSER: FILE ~O":
04/2002 N6022-002-010- TOHWP ," OF xxx 2GG-20.J
Nov 13. 2002 - 13,23, 43 lMllLERIX, \SUR\N6022\Skelch or Oe,e,;pl;ons\Subm;lled\2gg203,151.dwg
l:'I:l
'"
-~
Ii
~
I~
718 "J
a a:.
I~!! I
e5 ~
""3
I I
I
~
'J-
o 2&
~ltemN. C
J March 28, 2 6
~f15
!D 100 200
GRAPHIC SCALE
330.00' (P~A T)
--- [X/STING 60' EASEM NT
I FaHO~:~SP ~ 17.1
I SOUTH 180'
bF TRACT 117
GOLDEN GA TE STA TES UNIT 31,
PLA T BOO 7, PAGE 59
NORTH 150'
F TRACT 117a:.
....
!>>
~
~
:>.
-::!
-
I
C:J 788
716.1
116
PROPOSED
R. ,w. EASEMENTl
__.-'0
l1>
....
EXISTING 53' EASEMEN
FOR R. O. W. PURPOSES
(PER PLA T)
EAST LINE OF SECTION 20
SANTA BARBARA BOULEVARD
7
GOLDEN GA TE UNIT 6,
PLA T BOOK 5. PAGES 124-134
~
<"')~
~I~
~
~
8
70
11
9
GOLDEN GAT[ CITY UNIT 5. PLAT BOOK 5, PAGE /17-123
BLOCK 189
LEGAL DESCRIP770N
BEING THE w.:ST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF TRACT 117, GOLDEN GA TE
ESTA TES UNIT 31. PLA T BOOK 7, PAGE 59, COLLIER COUNTY. FLORIDA.
CONTAINING 8.100 SQUARE FEET MORE OR LESS,
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD,
EXHIBIT ;LJ
Page~ of-LQ
... NOT A SURVEY ...
'/ ,I ~; ;, ; '.
PREPARED BY: WlLSONMI
\ . ..., 1:1
r' (;'J .~..)
)
LEGEND:
f<,,- '" '" '" '" '" '" ~1l2.N~ASEMENT
~ PROPOSED
R, O. W. EASEMENT
R,O, W .. RIGHT OF WA Y
LANe T 'fr.'.p OF[" AL SURVEYOR I< MAPPER
F~OR/DA REG/STRA l~ 15627'
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED WITH THE SURVEYOR'S EMBOSSED SEAL.
CERFlFlCA T[ OF AUTHORIZA nON I lB-.1]
BlARltl(jS ARC tlAStD ON NalTH
AlIC/OOOI DA IW (N.A.D) ,.,3-"..
A/WST/Eltl sTAIr PIAl>( CDiRWAIl
SI'SIDI (_I ,~ r""IIDA CA$T lONC,
.'OJ(eT NO" 62081 .ARCEL "0, , 152
WilsOnMillei-'~w-
..
I'Iomen . ~ . EcoIoQ/I1I . ~ . l..-ope _ . TNwpOrlcl!ell c....<itanu
WIoonMlVer, /nc.
_. Fat..,. _. _. T_
mJBolorLw,U.Jf1)'!IIr*I.__'_I4_'I'tJ~,___
CLIE"': COLUER COUNTY TRANSPORTA TlON.
ENGINEERING ~ CONSTRUCTION I.fANAGENENT DIVISION
m~~, SKETCH AND DESCRIPTION
BflNG PART OF THf: NORTH 150' OF TRACT 117.
GOLDeN GATE: eSTATes UNIT Jl, PLAT 800K 7. PAGE: 59,
COLLIeR COUNTY, FLORIDA
DATt: PROJEC1 NO.: SHEET NUUBCR: F'ILl NO.:
04/2002 N6022-002-010- TDHWP 152 or XXX 2GG-203
Nov 13, 2002 - 13: 2<: 16 LM!LlERIX: \SUR\N6022\Skeleh Df De.e,:ption.\SubmUled\2gg203s152dwg
115.1
~ ~tem N
~ March 28, 2
~f
200
330.00' (PLAT)
775
776
SOUTH 780'
PoOF TR ACT 7 75
....
:-.
~
NORTH 750'
F TRACT 775'(:.
N
~
~
:..
.:::l.
COLDEN CA TE STA TES UNIT 31,
PLA T BOO 7. PACE 59
774.7
174
j""ARca NO.
PR POSED
R.O, W. ASEMENT l
-.-..-.,
~
"0:
SANTA BARBARA BOULEVARD
EAST LINE OF SECTYON 20
[ ISnNC 53' EASEMENT
R R, O. w. PURPOSES
(PER PLA r)
~N
~~
~~
~
~
LEGAL DESCRIPTlON
BEING THE ~ST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 180 FEET OF TRACT 115,
ESTA TES UNIT 31, PLA T BOOK 7. PACE 59, COWER COUNTY, FLORIDA.
GOLDEN CA TE UNIT 0,
PLAT BOOK 5, PAGES 124-134
12
3
4
5
8 9
COLDEN GA T[ CITY UNIT 5,
PLAT BOOK 5, PAGE 117-123
72
73
74
BLOCK 788
COLDEN CA TE
CONTAINING 9,720 SQUARE FEET MORE OR LESS,
SUBJECT TO EASEMENTS &- RESTRICTIONS OF RECORD,
EXHIBITL
~ :;c Of..Ji..l
'I'
... NOT A, STfRVEY ...
"', : f' i;,
LAN T R,A .OF[, AI. SiJR'vfYOR k MAPPER
FLORIDA REGfSrR~. '. Ls 15527
NOT VALID UNLESS SIGNED BY THE SURV[YQR AND
SEALED WITH THE SURV[YQR'S EMBOSSfD SEAL.
CERFlFICA Tf OF AUTHORIZA nON I LB-4J
IItAIIfNCS AIlE v.sco ON _III
M/CJ/ICMI /IA/lII/ (N.A.D) '~"IO
AD.IJSIJICNr SrArr I'tANt ~7l'
Sl'!/llI (_) "'" 11-" CAST lONe.
LEGEND:
~ '" '" '" '" "" '" "l ~~b~~N~ASEMEN T
~ PROPOSED
R,O, W. EASEMENT
R.O,W, - RICHTOF WAY
j
,.I""
..Cl.IECT HO" 62081 ."CEL NO, , 155
Wil.MiIIBi'.'~~'-
- . ErvI-'r . E'c:olcrltIfI . -,.".. . L..-po__ . ~bJ CONuIl..~
W~,ilc.
""".FatIl/wl'_'_.T_
IIlIllIlilyLllllIlllD.....__,/lw _'For _._ ...__
CLI(HT, COUJER COUNTY TRANSPORTA nON,
ENGINeERING 4' CONS7RucnON WANAGalENT DIVISION
TITLE' SKETCH AND D€SCRIpnON
BeiNG PART OF THe SOUTH T80' OF TRACT ITS,
COLDeN CA 7'E: eSTA 7'E:S UNIT JI, PLA T BOOK 7. PACe 59,
COLLieR COUNTY, FLORIDA
ca.T!: PROJECT /roIO.1 SHEt NUMBER: f'IL NO.:
04/2002 N6022-00Z-010- TDHWP 1!:1S or XXX 2GG-20;S
Nov lJ, 2002 - 1 J: 27: 54 LMILLoR!X: \SUR\N6022\Sketch Of Descriplions\Submllled\2g920Js155.dwg
330.00' (PLAT)
~ ~ltomN.1 C
~ ~ ~ March28,2 6
".- "'1[~ Jf f 15
Q 25 r,o 100 200
GRAPHIC SCALE
775,7
115
176
SOUTH 780'
..,OF TRACT 775
....
:-.
..,
....
~
,..
~
PROPOSED
NON-EXa.JJS1VE ~
R.O.W., DRAJNAGE. AND
UTlUTY EASEMENt[
"'00 SQUNIE FEET
'J ';:;(0 , , - .
NORTH 750'
F TRACT 175..,
Kl
~.
~
:..
~
GOLDEN GA TE!STA TES UNIT 31,
PLA T BOO, 1, PAGE 59
774,7 774
v.
...
fA T LINE OF SECTION 20 "
SANTA BARBARA BOULEVARD
P POSED
R,O,W, EASEMENTl
.-..-..
v.
....
E {STING 53' EASEMENT
R R, O. W. PURPOSES
(PER PLA T)
~~
CJ~
~t:;
~
~
LEGAL DESCRIP110N
BEING THE weST 54 FEU OF THE EAST 107 FEET OF THE NORTH /50 FEET OF TRACT 7/5, GOLDEN GA TE
ESTA TES UNIT 31, PLA T BOOK 7. PAGE 59, COLLIER COUNTY, FLORIDA.
GOLDEN GA TE UNIT 6,
PLAT BOOK 5, PAGES /24-/34
7
2
6
7
12
73
74
BLOCK 188
CONTAINING 8, roo SQUARE FEfT MORE OR LESS,
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD,
EXHIBIT A
Page~ of..LQ}.
,).;'
) , .. "'. '.-..... ;
... NOT A ST:lRJlEY ..-
'i :' .,: ~,} " " '
LANt. T H,P, OFE
FLORIDA REGISTRA . . . l_'~ {5627
NOT VALID UNLESS' SIGNED BY. THE SURVErOR AND
SEALED WITH THE SURV[YOR'S EM80SSEDSEAL.
CERF/FICA T[ OF AUTHORIZA TlON I L8-43
lEAIIIItCS << BASrO ON NOlI1/{
AIIlRfCAN DAlW (N.,u)) IPlJ-ll1D
AAllSTllENT Sf A It ItANC ~ 11:
S>$IIlIICIIID) FOI/ 11""'" CAST ZON(.
LEGEND:
~ '\.'\. '\. '\. '\. '\. "l Vb~~N~ASEMENT
~ PROPOSED
R,Q, W. EASEMENT
R. O. W. = RICHT OF WA Y
".OoJEer NO.' 62081 "AACEL NO. , 156
WilsDnMiller'M'~~'-
,.
".",.,., ~. ~. Sl/'w)'ln' L_.,..~, ~llIonConMonI,
~nc
,.,...Fa1J1,n.InIott'_.T..,. .
=1iIlI!'L..,MfIIXJ.___.__.FuUHIHII._ ___
CLItJ/T, COLLJER COUNTY TRANSPORTA nON.
f:NGlNEERtNG of: CONSTRucnON MANAGDlf:NT DIVISION
TITLE, SKETCH AND DESCRlPnON
BEiNG PART OF THE NORTH 150' OF TRACT 1T5,
GOLDEN GA TE ESTA TES UNIT 31, PLA r BOOK 7, PAGE 59.
COLLIER COUNTY, FLORIDA
CATE: PROJtCT NO.: SlitEr NlAIBER: FilE NO.:
04/2002 N6022-002-010-TDHWP 156 OF xXX 2GG-203
"Ul 11, 2002 - 09: 19: JJ JNAPI(Rlx: \SUR\N6022\Sk,tch Of Oescriptioos\Submitted\2gg20JsI56.dwg
JJO, 00' (PLAT)
114.1
sou TH 750'
OF TRACT 774
774
NORTH 780' I
OF TRACT 77~
775
~
N
~
~
),.
~
~~I
NON-~a.u.g~ ROAD I
R.o.W., DRAINAGE. AND
U71/J E"ASEJlENr
",<<11 srIJ.W FEET
.. "-,
PARCEl NO.
~~tF)mN 1 C
~ March 28, 2 6
~f15
o 25 so 100 200
GRAPHIC SCALE:
~
~:t..1
:; GOLDEN GA TE ESTA TES UNIT 31,
PLA T BOOK 7, PAGE 59
;S - tXlSTIN(J 60' EASEMENT
~ I FOR R.O, W. PURPOSES PER PLA r
~ c:::
~ t"i
~
j C'J 773,1
-5 ~ I
~
......
~
IJ5
172.7
PROPOSED
R,O,W. EASEMENTl
"_"_11
SANTA BARBARA BOULEVARD
EXISTING 53' EASEMf, T
FOR R,o. W. PURPOS
(PER PLA T)
GOLDEN GA TE UNIT 6.
PLAT BOOK 5. PAGES 124-134
8
9
13 \74
70
75
76
78 79 20 27 22
77
BLOCK 188
LEGAL DESCRIPTlO/f
BONG THE M"ST 54 FEfT OF THE EAST 107 FEET OF THE SOUTH 150 FEET OF TRACT 114. GOLDEN CA TE
ESTA TES UNIT 31, PLA T BOOK 7. PACE 59, COLLIER COUN TY, FLORIDA,
CONTAINING 8.100 SQUARE FEET MORE OR LESS,
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD,
...;NOT Ai SURVEY...
. J '/ :,: :') <'.' "
PREPARED' 8}7 WILSONMl, , . INC:, :. ,
(', ,(J
EXHIBITL
~.52 of..1Q1.
LEGEND:
~ '" '" "'" "'" "'" '" "l fff~N~ASEMENr
~ PROPOSED
R.O,W, EASEMENT
R. 0, W. = RIGHT or WA Y
, "
LANe, T 'R, Po OF[ , I1L SURVfYOR & MAPPER
FLORIOA RE(JISi8A " {s 15627 .
"., ..... .
Nor VALID UNLESS SIGNED 8Y THE: SURllfYOR AND
SEALED WITH THE: SURllfYOR'S E:M80SSED SEAL.
CERFIFICA T[ OF AUTHOR/lA TlON I LB-4J
PROJECT NO., 62081 P....eEl. NO. '157 CLIENT. COUJER COUNTY TRANSPORTATION,
~l.MI~ -.... "''''''--' EHGlNERlNG It COHSTRVC71ON MANAGENEHT DIVISION
r. ,. ra, 'mLE: SKE:TCH. AND De5CRIP17ON
.J .J "l BtlNG PART OF THE SOUTH 150' OF TRACT 1/4,
P/orlIwn...,....., . Ecaq;II" . anw,.n .l..tnGJcopeArclllocll ' T1II1IIpOrltlllnClrodlllll GOLDEN GA TE E:STA TES UNIT Jl, PLA T BOOK 7, PAGE: 59,
WlsonMller, he. COI.L1ER COUNTY, nORlDA
,.... Flrf~ . -, ~. r"", DATE: PROJECT NO,: SHEeT HUWBtR: TILE NO.:
~8IIIy~&*.llI1'''''-lIll5-ti1i'"."_,,,,IHOi1I'___,,,, 04/2002 N6022-002-010-TDHWP 157 or xxx 2(;(;-203
BOJIINCS AIlE 8.<lrD ON _'"
- DoOIW (li.AJ)) IIBJ-llfO
AlMJSrMCN7 STA rr I'LAIE C'OORDINA rr
sr,sn rr;lNO) fOR nORrDA (AST 10Nl
No. lJ, 2002 - lJ: 29: 20 LMILLER!X: \SUR\N6022\Skelch Of DescriPUon,\Submltled\2gg20J.,57.dwg
17 4, 7 11 4
~
~
~ ~lt"'mN.1 C
LIt I v March 28 2 6
'._ ~1 f 15
o 25 ~ 100 200
GRAPHIC SCALE
330,00' (PLAT)
PAR NO.
15~
~ I GOLDEN GA TE [STA TES UNIT 31,
~ PLA T BOOK 7, PACE 59
~ -- [X/STING 60' EASEMENT
\ \ FOR R. O. w. PURPOSES PER PLA T
~ CI)
:-.. a
g: ~
..,..:~ 773.7
~ ......
\ ~ ~ \
1772.7
SOUTH 750' NORTH 180' I
i OF TRACT 174 OF TRACT 114
""
~
~
:~
':to
.;::j
PROPOSED ~
NON-EXaU9VC ROAD
R.o. w.. DRA/NA AND
U71UTY T
1t'00 St.lIJNlC
PROPOSED
R,o. W. EASEMENT l
.. ..-"
115
EAST LINE OF SECTION 20
SANTA BARBARA BOULEVARD
EXISTING 53' EASEMf, T
FOR R,O, W. PURPOS
(PER PLA T)
GOLDEN GA TE UNI T 6,
PLAT BOOK 5, PAGES 124-134
8
9
70 13 14 15 16 17
\ GOLD~N GATE CITY UNIT 5, PLAT BOOK 5, PAGE 117-123
78 79 20
21
22
BLOCK 188
LEGAL DESCRIPTION
BDNG THE WEST 54 FEET OF THE EAST 107 FEU OF THE SOUTH ISO FEET OF THE NORTH /80 FEET OF TRACT
114, GOWEN CA TE ESTA TES UNIT 3/, PLA T BOOK 7, PACE 59. COWER COUNTY, FLORIDA.
CONTAINING 8./00 S~UARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD,
EXHIBIT-A_
Page~ Of.Jf?
... NOT..:A>SURVEY ...
LANe T R,.. P OFf AL SURVEYOR &: MAPPER
FLORIDA RfG/STRA LS 15627
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED WITH THE SURVEYOR'S EMBOSSED SEAL.
emF/FICA TE or AUTHORIIA nON I LB-4J
BFARlNCS ARC BASl'O (IN NORrH
~ 1lA/Uli (N.A.J)) ''''3-1'10
MJ.JJS/lIOIr swr Pi~ CllCllIlWA Jr
SYSFDi (CIllO) fOllIlOlllllA CAST zen.
LEGEND:
"'''' '" '" '" '" '" ~ VbS~N~ASEMENT
~ PRDPOSED
R.D, W. fASEMEN T
R.o. W. '= RIGHT DF WA Y
t'
PROJECT NO., 62081 .....cEL NO, : 758
WilS;nMiller'-'~~'~
,.",."... . EnQIttee<w . E<oIogIt~ ' Slnooyon . LAndtocpo _~ . ll"tnoporl.... """""",I,
Wil.onA.fIIJer, ;,e,
_'f<<1""".SnIoO'_'l_
IICOBoItyL..,&MIOO.,.".,,___./taoI _.Ft. _5lII.,.,..,. ...__
CLI'NT, COLLIER COUNTY TRANSPORTA TJON.
ENGlNCERING It CONSTRUCTJON IJANAGEJlENT DI\lfSlON
TITLE: SKETCH AND DESafIPTJON
BDNG PART OF THE NORTH 180' OF TRACT 114.
GOLDEN GA rc: ESTA TES UNIT 31, PLA T BOOK 7. PAGE 59,
COWER COUNTY, FLORIDA
DATt; PROJECT NO.: $HEet NUMBER: FILE NO.:
04/2002 N6022-002-0tO- TDHWP 158 OF XXX 200-203
NO\l 13. 2002 - 13: 30: 17 LL1ILlERlx: \SUR\N6022\S~etch or Descrlptlol'ts\Submitted\2gg203!1:' S8.dwg
t
113
ST 412.50' OF TRACT 113, WEST 412.50' OF SOUTH 180' OF TRACT 11
JJO.OO' (PLAT)
~. ~lt~mN.1 C
~ -, ~ March 28 2 6
I _ ~ f 15
o 2"0 100 zoo
GRAPHIC SCALE
R3
~
I~
~ ~
I~ ~
~ ..::!
:J::
I~
I~
I fXlsnNC 60' cASfMENT
\FOR R. O. W. PURPOSfS PfR PLA T
GOLDEN GA rE [, TA rES UNIT 31,
PLA T BOOK ,PAGE 59
113.1
(AST 415.36'
OF TRACT 113
Ii::
N
""
"'.
112.1
172
PROPOSED PERPrnJAL. ~
NON-EXaUS1VF: ROAD ..::!
RoO. W.. DRAINAGE, AND
UTlUTY EASEMENT
(B,2(1D SIQIJARE FEET
EAST 410.37'
OF SOUTH 180'
or TRACT 112
111
NORTH 150'
OF TRACT 112
PROPOSE
R.O. W. ~A~[' ENT.~
16 \17 18 I
EXISTING 53' EASE ENT
FOR R,O, W. PUR~ [S
EAST LINE OF SECTION 20 (PER PLA T;
GOLDEN GA TE UNI T 6.
PLAT BOOK 5, PAGES 124-134
SANTA BARBARA
lEGAL DESCRIPTION
BEING THE NORTH 300 FEfT or THE WEST 54 FEU OF THE EAST 107 FEfT or THE EAST 415.36 FEET OF
TRACT 113, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COWER COUNTY, FLORIDA.
CONTAINING 16,200 SQUARE FffT MORE OR LESS.
SUBJfCT TO EASEMfNTS &- RESTRICTIONS OF RECORD,
EXHIBIT A
Page_ 5'"L/ ~ of...1L1
... NOT..A:'$URVEY ...
. r
LANe, . T . 'R. . Po OF( AL SURVEYOR &- MAPPER
FLORIDA R[O!STRA' .LS 15627
NOT VALID UNLESS SlGNE:D BY THE SURVEYOR AND
SfALED WITH THE SURVEYOR'S fMBOSSfD SfAL.
CfRFIFlCA Tf OF AU THORIZA nON I L8-.4)
BtAINNCS ARt BASED ON NOIlrH
AMfIr/CAN OAl1AI (N.A.o) IH.Hfi90
AOmTlICN' $1. rr PtANC -.. rr
Sl'SrrM (CfItO) FOI/lltlWOA CAS' ltJNC.
LEGEND:
K'" ''''>', '" '" '" 'i Vfl~N~ASfMENT
~ PROPOSED
R.O, Iv. fASfMENT
R,o. Iv. - RICHT OF WA Y
PROJECT NO.: 62081 PARCEL NO. , 159
Wil.MilleiN'~Uu-
-. .~.~.$nwyan .~AraIlolecft'T_.,*"~,,,~
WitonMI6er, tic.
"""'F<rl~'_'_'T_
WI_LoJo.ll.to/rD....___._ _''''-.:>1.___
CLIENT, COLUER COUNTY TRANSPORTA nON.
ENGINEERING . CONSTRUCTlON MANAGEMENT D''''SlON
TiTLE, SKeTCH AND DrscRIPTlON
8C1NG PART OF THE EAST 47~,.J6' OF TRACT 7'.J,
GOLDEN GA TE ESTA res UNIT .Jl. PLA T 800K 7, PAGE 59,
COWeR COUNTY, FLORIDA
DATI:: P'<<)JECT NO,: SHEET NUWB€R; FILE: NO.:
04/2002 N6022-002-0'0- TDHWP '59 or xxx 2(;(;-203
NOv 'J, 2002 - ,J:JI'09 LMILLERIX:\SUR\N6022\Sketch Ot Descrlplions\SubmiUed\2gg20J,'S9.dwg
JJO.OO' (pt), T)
~
.-
o JJ
o. C
,2 06
of 15
z
113
~ST 412,50' OF TRACT 113. 112
JtfST 412.50' O~ SOUTH 180' OF TRACT 112
112.1
NORTH 1501
OF TRACT 112
~
~.
COLDEN GA Te EST, TES UNIT 31,
PLA T BOOK 7, PAGE 59
113,1
~
~ EAST 410.371
~
~ OF SOUTH 180' ).
.;::!
.;::! OF TR ACT 7 72p/?Q OSED PEI?PETUAL,
NON EXCLUSIVE /?OAD
NO. ( hO /?~ ~/f},,/?:u:t!JEN1ND
o SQUARE mT
117
111.7
P/?OPOSED
/?O.w. EASEMENT
p
180'
~
EAST UNE OF SEC 'N 20
SANTA BARBARA BOULEVARD GOLDEN GATE UNIT 6,
PLAT BOOK 5, PAGES 124-134
EXlsn 53' EASEMENT
FOR R O. W. PURPOSES
'ER PLA T)
~
Ct:!::
~~
~~
S;.~
t:::i
Cae: 152
21 22 23 24 25 26 27 28
GOLDEN CATe CITY UNIT 5, PLAT BOOK 5, PAGE 117-123
LEGAL DESCRIPnON
BEING THE Kf'ST 54 FffT OF THE EAST 107 FEET OF THE EAST 410.37 FEET OF THE SOUTH TBO FEET OF
TRACT 112, GOLDEN GA TE ESTA TES UNIT 31, PLA T BOOK 1, PAGE 59, COLLIER COUNTY, FLORIDA.
BLOCK 188
CONTAINING 9,720 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS &- RESTRICTIONS OF /?ECORD.
REVISED 06-01-04
EXHIBIT A
~ s-s- of-1f!7
*** NOT A SURVEY ***
EIIIIm NIt: _ (IN _ffI
~gm.~lI'
I'mDI (rIfD) frI! ItQIIIA wr llH:
LEGEND:
~ "" "" "" "" "" "" ~ ~~~~N~SEMENT
~ PROPOSED
R.O.W. EASEMENT
R.O.W. - RIGHT OF WAY
PROJECT. NOJ 62081 PARCEl. NO. '160 CUENT: COLLIER COUNTY TRANSPORTA nON,
M~..I~ -.........- E:NGINEERING & CONSTRUCTION MANAGEMENT DIVISION
r. r. ra.. TTTIL SKETCH AND DESCRIPTION
.J lIJ fl. ,8EJNG PART OF TH~ ~AST 410.:17' OF THe SOUTH 180' OF TRACT 112.
/'limn. ~.l!ixltGlD '~'Uncnpo""- 1I'nplrfIIm~ GOLDO/ GATE: ~TATE:S UNIT 31, PLAT BOOK 7. PAC<: 59,
~,h:. . COI.U~ COUNTY. f'LORIOA
... . Rrf..... ..... . ........ r-. OI\TE: PROJECT NO.: SHEET NUWSER: FILE NO.1
-...,~..........-_.__.~_._-- 0~/2002 N6022-002-01D-TDHWP 160 OF xxx 2GG-20J
.Nn 11, 2004 - 1~: 27:~8 LJ.l1U.ERIX: \SUR\N8022\Sl<otch 01 O..cr1ptlon8\Submlttod\2l1ll203818o.dq
JJo. 00' (PLA T)
~- ~ltemN.1 C
~~arch28 2 6
~~ ~ f 15
o 2& IlO 100 200
GRAPHIC SCALE
z
113
wrST 412,50' or TRACT 713, 112
wrST 412,50' or SOUTH 180' or TRACT 112 .
113,1
112,1
EAST 410.37'
~ OF SOUTH 180'
~ OF TRACT 112
PARCE' NO.
~
N
~
NORTH 150' ~
OF TRACT 112 ~
1\\,
~
~
COLDEN CA TE EST. TES UNIT 31,
PLA T BOOK 7. PACE 59
111.1
EAS LINE OF SECTION 20
SANTA BARBARA BOULEVARD GOLDEN GATE UNIT 6,
PLA T BOOK 5, PACES 124-134
T.~.,
21 22 23 24 25 26 27 28
GOLDEN GATE CITY UNIT 5, PLAT BOOK 5, PAGE 717-123
LEGAL DESCRIP710N
Bf/NG THE f1.fST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF TRACT 112, COLDEN GA TE
ESTA TES UNIT 31, PLA T BOOK 7, PACE 59, COLLIER COUNTY, FLORIDA.
129
BLOCK 188
EXlsrl 53' [ASEMfN T
FOR R O. W. PURPOSES
( fR PLAT)
t:x:l
C::t:
~~
~~
:;:0::\3
I:::;
(8L: I S2
CONTAINING 8,100 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD,
EXHIBIT A
P8ge~ of-1D
...NO'l: i-SURVEY ...
, \ I,,' '.'_ .
. PRrP!/RfO BY:: W,LSONM;' .. iNC,
. I
T R, 'Po OFE tlL SURVEYOR & MAPPER
FLORID'A, REGISTRA ' LS 15627
NOT VALID UNLess SIGNtD BY THE SURVEYOR AND
SEALED WITH THt SURVEYOR'S EMBOSSeD SEAL.
CERFlFlCA TE or AUTHORIZATION I L8-43
IJ(AI/IN(;S-'lfBoCStllIlNNMIlI
:c=:t::t,r::li::=1f
S'/S1lII (C1IID) fO/f It-. CAsr /ONt,
LEGEND:
K'" "" "" "" "" "":l k1f.~N~AS[M[NT
~ PROPOSED
R,o. W. EASEMENT
R,o. W. .. RIGHT or WA Y
" '
PROJECT NO" 62081 PARCEL NO, : 161 CUE"', COI.UER COUNTY TRANSPORTA77ON.
.ISOnM~~ -.., .......- ENGINEERING I: CONSTRUC77ON UANAGEJlENT DIVISION
'. ,. rar TITLE; SKETCH AND DESCRIP770N
.J.. .J V'J BflNG PART OF THo NORTH 750' OF' TRACT 172,
/'iIMen. ElvIwn ' ~ . an.,.,. , ~......". ~ . T~,*", C<lndllllll GOLDeN GA TE eSTA TeS UNIT J7, PLA T 8001< 7. PAGe 59,
WlaClllMJler,/nc. COWeR COUNTY, FLORIDA
,."., ./lrl.......... ...-. 'O/!II DATE: PROJECT NO.: SNEEr NU"BER: riLE NO,:
.lIltJlWIt~IlIoJll?~__.__.Ft1___.____ 04/2002 N6022-002-070-TDHWP 761 OF xxx 2GG-203
No. 13, 2002 - '3: 33, 35 LMILLERlx, \SUR\N6022\Sketch 01 OOSCoiptions\Submlllod\2gg203S'6t.dwg
_",NO' --. _ -...s
tti ~ Item N. C
~ ~ March 28 2 06
~5 f 15
~- c=:::::]
o 25 DO 100 200
GRAPHIC SCALE
'-780' [XSTING 53' EASEMENT
F R R, 0. W. PURPOSES
~ [AST LINE or SECTI 20 (PER PLA T)
SANTA BARBARA BOULEVARD COLDEN GA TE UNIT 6,
PLA T BOOK 5, PAGES 124-134 ~
t:c c
c:::t: ~'-
28 29 30 ~~ ~~
\ tz:l~ 2 BLOCK 152 ~
~I~ ~
~
BLOCK 188 ~ GOLDEN GATE CITY UNIT 5, PLA T BOOK 5, PAGE 117-123
330.00' (PLAT)
111 ,1,. 1
SOUTH 180' NORTH 150'
.... OF TRACT 11 7 OF TRACT 111
....
pO r:
~ '"
....
112 ~ ~
).
~ ~
GOLDEN CA TE: E 'A TES UNIT 31,
PLA T BOOK ,PAGE 59
j110
R.o."tO[ off SENT l
..-..-1..-..
110.1
LEGAL DESCRIPTION
B[JNC THE I1fS T 54 FEET OF THE EAS T 107 FEU OF THE sou TH 180 FEU OF TRA C T III, GOLDEN CA TE:
ESTA TE:S UNIT 31, PLA T BOOK 7. PAGE 59, COLLIER COUNTY, FLORIDA.
CON TAINING 9.720 SQUARE FEU MORE OR LESS.
SUBJECT TO EASEMENTS &- RESTRICTIONS OF RECORD.
EXHIBIT If
P8ge...Q. of..J1:1.
,
... }{OTA. SURVEY...
LEGEND:
'" "'''"><,, '" '" ~ ~~~~N~AS[M[NT
~ PROPOSED
R.O, III. EAS[MEN T
R,O,w. = RIGHT OF WAY
R. P OF[ AL SUR'.f:YOR ct MAPPER
FLORIDA RECISTRA LS 15621
NOT VALID UNLESS SICNED BY THE SURVfYOR AND
S[ALED 'MTH THE SURVfYOR'S EMBOSSED SEAL.
CERAFlCA Tf OF AUTHORIIA TlON 1 LB-43
BCAR7N(;S NIf BASCO ON NORTH
~~'::::JI(~'=:1r
srslrll I-J raI nCIIIDA CAST lONC.
PAMcr NO,: 62081 PAReE, NO, : 162
Wils;nMille,-'~""L--
-. . ~ . EcoIot1oIt . Blne)oor. . ~A1<Hl_ . 1'railJpclm',," Cono<JIon/.
WioonA.lfer, he.
_'Ff<1lt,n.-...._.r...
.!lIXl8lloylMl,""!IOIJ.NIPo<__._ _.,., _SlII' _ ___
C,,,Nt: COLUER COUNTY TRANSPORTA nON.
ENGINEERING ct CONSTRucnON AlANAGalfNT OMS/ON
m'E: SKETCH AND DESCRIpnON
BEING PART OF TH< SOUTH 780' OF TRACT 117.
GOLD<N GA T< [STA TE:S UNIT J7. PLA T BOOK 7, PAG" 59.
COLLi[R COUNTY, FLORIDA
OATt: PItOJECT NO.: SHeET MJWBER: F'llt NO.;
O~/2002 N6022-002-0l0-TDHWP 162 OF XXX 2GG-2O.J
Nov lJ, 2002 - lJ; ,34; J4 LMlllERIX: \SUR\N6022\Skeleh Of Descriplions\SubmiHed\2gg20Js'62.dwg
3JO.OO' (PLAT)
111 111.1
SOUTH 180' NORTH 150'
OF TRACT 111 OF TRACT 111
Q:,
Q:, ~
~ '"
~ ....
112 ~ ~
:.. ~
~
I (p:!) .
cei.. No. _ _
EAST LINE OF SECTION 20
SANTA BARBARA BOULEVARD
~::::
~~
~t;3
:J;;::o
Eg
28
29
30
BLOCK 188
~- ~ltemN.1 C
LI:.t ~ - March 28 2 6
~f15
'.- c:=:::::]
o %~ 60.00 200
GRAPHIC SCA~E
COLDEN CA TE ESTA TES UNIT 31, I ~I
PLA T BOOK , PAGE 59 :l:a.
I ~I
110.1 110 ~
PRO OSED I gsl
R,O,W. E SEMENT~ ~
.. ,.-., ~
~
EXSTlNC 53' EASEMENT
~ R R,o. W. PURPOSES
(PER PLA T)
COLDEN CA TE UNIT 6,
PLAT BOOK 5, PACES 124-134
g
~~
"-3':0
:=j
~......
~
2
BLOCK 152
COLDEN CATE CITY UNIT 5, PLAT BOOK 5, PACE 111-/23
LEGAL DESCRIP7TON
BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF TRACT 111, GOLDEN CA TE
ESTA TES UNIT 31, PLA T BOOK 7. PAGE 59, COLLIER COUNTY, FLORIDA.
CONTAINING B,100 SQUARE FEET MORE OR LESS,
SUBJECT TO EASEMENTS &- RESTRICTIONS OF RECORD.
... 'NOT.A. SUR.rEY ...
I n
i
,
LANe, T. . R.P. OFf At'SURVEYOR ct MAPPER
FLORIDA RECISTRA ':LS 'S621
Nor VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED WITH THE SURVEYOR'S EMBOSSED SEAL.
,.
CERFlFlCA Tf OF AUTHORllA nON I LB-4J
Bl_ AIIC /IA$fD ON NOR'"
-1)1.,"" ('''.D) '....__
AD.AJ$1I/tNT STAir "'ANt ~Jl"
S,.,1llI (GJIJD) FOR 11-.. lASf ZOIC.
PROJECT NO.: 62081 PAACEL NO. , 1 BJ
Wil.Millei-.~U.-
".",.,.. . ~ ' Eco/cgIIIt . an.....' .l.niIctpo ~ ' Tf~.b CorWI",,,
IWIonMier; 1Ilc.
_.flrtA+wo'_'_,,,,,,,
1m_Ln....IOO',....__._ _."., JHo..l1Il'_ ..._....
EXHIBIT A
Page...iL of..J.QJ
LEGEND:
'" "'''' '" " " '" 1 ~~b~~NiASEMf.NT
~ PROPOSED
R.O,W. EASEMENT
R,O,W. - RICHT OF WAY
CLIENT, COUJER COUNTY TRANSPORTA TlON.
ENGINEERING cI: CONSTRUCTION MANAGEMENT DIVISION
mLE, SKETCH AND D~PTlON
BeiNG PART OF THe NORTH 150 OF TRACT I1r,
GOLOeN GA TE eSTA Tes UNIT JI, PLA T BOOK 7, PAGE: S9.
COLLieR COUNTY, FLORIDA
DATE.: PROJECT "'0.; SHEET NUYSeRI FlLt NO.:
04/2002 N6022-002-0ro_ TOI1WP r6J OF xxx 200-20:1
Nov 13. 2002 - 13: J5: 42 LMILLERI~: \SUR\N6022\Skelch Of DesC'lplions\Submitted\2992DJS15J.dw9
"i' I
~~
~
~ L 109 109, 1
~ [XISTING 60' [ASEII, 'NT
~ FOR R,O. W. PURPOSES P. PLA T
~ I PROPOS 0
~ ~.o.W ~A.SL~~
~.
i~
I'""'
~. I
~ EAST LlN[ OF SECTION 20
BARBARA BO ULEV ARD
330.00' (PLAT)
171, 1
~ ~
~ . ~
ill0.l 170 I
~SOUTH 150' NORTH 180'
OF TRACT 770 OF TRACT 7701
--
PROPO PERPrnJAL.
NON~USlVE: ROAD
R.o. w., DRAINAGE, AND
U EASEMENT
41 SQtJARC FEET'
. . . .
SANTA
2
BLOCK 152
GOLDEN GATE CITY UNIT 5, PLAT BOOK 5, PAGE 7/7-123
~
~
o 2~
C
6
15
~tem No
March 28,
~
$C 100 200
GRAPHIC SCALE
GOLDEN GA TE [ TA TES UNIT 31,
PLA T BOOK , PACE 59
708. 1
EXISTING 53' EASEM[. T
FOR R.o. W. PURP) OS[
(PER PLA T
(")
o
~'-
'""'~
~
StJ
~
GOLDEN GA TE UNIT 6,
PLAT BOOK 5, PAGES 124-/34
2
4
3
5
6
1
I BLOCK 153
LEGAL DESCRIPTION
BEING THE weST 54 FEU OF THE EAST 107 FEU OF THE SOUTH 150 FEET OF TRACT 110, COLDEN CA TE
[STA TES UNIT 31, PLA T BOOK 7. PAG[ 59, COLLIER COUNTY, FLORIDA.
CONTAIN/NG S,100 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
-.. 'NOX'iA. SURVEY ...
. .! j-'; .
LANe. 'r 1?, .Po OFf, AL SURV[YOR <l' MAPPER
FLORIDA REG/sTRA 'LS'15527
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED mTH THE SURVEYOR'S EMBOSSED SEAL.
CF:RFIFICATE OF AUTHORIZAnON I L8-43
EXHIBIT A-
Pege-ZL of.1Q2
LEGEND:
'" ~ ~ ~ ~ ~ ~ "I ~X;;~~N~ASEMENT
~ PROPOSED
R.O. w. EASEMENT
R,O. W. = RIGHT OF WA Y
BEAlitNcs ARt aAstD ~ N(JHrff
AJI(1IICAJI D'IIM (N.A.D) /HJ-/9<<1
ADmTllrPiI swr FI._ _A IF
Sl'3'rrJI (~) roR 1lCMI'DA (AS7 ZONe.
PROJECT NO.: 62081 PAAC~L NO. : 164
Wils;nMillei'*'~~'''-
PIomor'J . &vr-> . EcoIotP', . ~ . L_ Arttilootr . 1l'anIpon.... CMIli/onIt
WisonA.fller; he.
_.r.rIl/)wt'_._.I_
=>".,I.n,9AfK1J'-"__,,,,,,,, _'Fu __ ,_. ___
CLI~NT: COLUER COUNTY 71MNSPORTA TlON,
ENGINEERING eft CONSTRUCTION AlANAGEJlENT DIVISION
TITLE: SKrrcHAND DfSCRIPTIOH
BEING PART OF THe SOUTH ISO' OF TRACT 110,
GOLDEN GA TE ESTA TES UNIT JI. PLA T BOOK 7, PAGE 59,
COLLIER COUNTY, FLORIDA
OA.TE: PAOJCCT NO.: $HECY NUWB[R: FIlE NO.:
04/2002 N5022-002-010- TDHWP 164 or xxx 2(;(;-20.1
Nov 13. 2002 - 13:36:2J LMILLeRIX:\SUR\N6022\Sketch Of De.c,;pl;ons\Svbmltled\299203s164.dwg
J30, 00' (PLAT)
~ _~tem No
~~28,
~~
o ~ ~ ~ ~
GRAPHIC SCALE:
C
06
15
777. 7
~ ~ ~
~ ~~
~ 770. 7 11 0 ~ :t..!
!;, sou TH /50' NOR TH /80' I '" ~ P'AT BOOf( . PAG, S9
OF TRACT 770 OF TRACT 77JO ~ L
tt:l 709 709.7
c
PROPOSED <:::: (X/STING 60' EASEAt NT
NON-EXa.1JSI ~ FOR R. O. W. PURPOSES P PLA T
Roo.W., DRAlNA ~ , PROPOSe,
~:~ ~ R.o.W. EASE.
108. 7
NO.ILP'5
EXISTING 53' EASEME. T
FOR R,o. W. PURPOSE
(PER PLA T)
GOLDEN GA TE UNI T 6,
PLAT BOOK 5. PACES 124-134
NTl.. -..-
BLOCK 152
8
~~
"-3~
~
~
~
EAST INE or SECTION 20
SANTA BARBARA BOULEVARD
2
7
2
3
4
5
6
GOLDEN GA TE CITY UNIT 5, PLA T BOOK 5. PAGE 117-123
BLOCK 153
LEGAL DESCRIPTION
BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 150 FEET OF THE NORTH 180 FEET OF TRACT
110, GOWEN GATE ESTATES UNIT 31, PLAT BOOK 7. PAGE 59, COWER COUNTY, FLORIDA.
CONTAINING 8,100 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS &- RESTRICTIONS OF RECORD.
EXHIBIT A-
Page~ of.JJ2l
".' ,
.!.:)NOX'~A: SftRVEY ...
, 'I :' I () '...\. .', .
PRtPAREO~8Y: W1LSOfvMI ;iNC .
'. ' . J '
..' I r)
.~ . Ii', P OFe. At SURVEYOR .. MAPPER
FLORIDA Rct/sriM .'LS/5627
NOT VALID UNLeSSS/GNCD BY THC SURVEYOR AND
SCALCD WITH THE SURVE:YOR'S CMBOSS[D SCAL.
",";.l:': "
CCRF/F/CA TC OF AUTHOR/ZA TlON / LB-43
BEARINGS NIt BASED ~ _111
AJIOIJCAlIDArw (~"D; '''''-IIgo
AlWSlllPlr SfAlr PlAN!' CllOIllWA Ir
$~rr" (_; fOR IIOOIJOA CA$T ION(.
LEGEND:
~'" ""'" "" "" '" "J ~~b~~NiASEMENT
~ PROPOSED
R,O, W. EASEMENT
R,O,W, - R/GHT OF WAY
PROJECT NO" 62081 ".-.eEL NO. '165 CelE"T, COUJER COUNTY TRANSPORTA TJON.
1M1..1~ -.'" '''''''- eNGINEERING. CONSTRUCTION MANAGEJArNT DIVISION
'. ,. ra, TIM' SKETCH AND D(SCRIPTJON
.J .J Uj EJflNG PART OF THE' NORTH 180' OF TRACT 110.
I'lrmorI .~, , EcoiogIIIt . SInor<n . ~__ . ~11Iot1 ~lIllt GOLOEN GA TE' E:STA TE:S UNIT 37. PLA T BOOK 7, PAGE: 59,
Wi'ronMiIer. he. COLLIE'R COUN Tr, F'LOR/OA
... Fo1I/iw1 .6ItJtoIr. _. ~ OAT(, PROJECT NO., SHEET NUU8ER, ,..E NO"
oIIII1l1t/orLMw.llAIllI1'NIp/Jc_~._~.,.,_.___... 04/2002 N6022-002-010-roHWP 165 or xxx 2GG-203
Nov 1 J. 2002 - 1 J: J7: 11 lMILlERIX: \SVR\N6022\SketCh Of Dose'iptionS\SUb"'ittOd\2gg20J"65,dwg
JJo. 0.0.' (PLA T)
~~lt(JmN 1 C
~ March 28, 2 6
l"l- I - ~l f 15
o 25 ~O.OO 200
GRAPHIC SCALE
~ EXIsnNG 60.' EASEM NT
C) FOR R. O. W. PURPOSES P PLA T
~ ~
~ 109 109.1 ~
I~ Ol
... '!.
~ ~
-=b' SOUTH 780' NORTH 750'
~ :...
..::!
~ ..::! (F TRACT /09 OF TRACT 709
110 \g
PERPETUAL.
~ NON U9'tF ROAD
R.a If.. DRAINAGE. AND
\~ UTI, 7Y EASEJlENT
4' SiQUARE FEET
PARCEL NO.
GOLDEN GA TE STA TES UNIT 31,
PLA T BOO 7. PAGE 59
108. 1
108
PROPOSE.
R. O. W. EASE
\j'
""
""'.~ EAST LINE OF SEcno
SANTA BARBARA BOULEVARD
XISTING 53' EASEMENT
OR R.o. W. PURPOSES
(PER PLA T)
GOLDEN GA TE UNIT 6.
PLAT BOOK 5. PACES 124-134
(J
:l~"'
"-3~
~
~
~
BLOCK 152
1
2
3
4
5
6
'J Cx:l
\.Q
c:;
....
....
i;:;;
GOLDEN GA TE CITY UNIT 5, PLA T BOOK 5, PAGE /17-/23
BLOCK 153
LEGAL DESCRIPTTON
BEING THE ~ST 54 FEET OF THE EAST /07 FEET OF THE NORTH 150 FEET OF THE SOUTH 180 FEET OF TRACT
109, COLDEN CA Tf [STA rES UNIT 31, PLA T BOOK 7. PAGE 59, COLLIER COUNTY, FLORIDA.
CONTAINING 8,100 SQUARE FEET MORE OR LfSS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
EXHIBIT A
Page~ of-lQ
I ',,' I"
... NOT A SURVEY ...
, T R. P OFf AL SURVEYOR &: MAPPER
FLORIDA .REGISTR~, ,LSfS627
NOT VAUD,UNLE:SS' SIG~[D By THE SURVEYOR AND
SfALrD 'MTH THE SURVEyo.R'S EMBOSSED SEAL.
CERFIFfCA T[ OF AU THORIZA nON I LB-.(3
BfARINCS UI( /lASED ON IKMIH
MJ(1/ICAH /l</1.llIIN.A.D) INJ-""
AD.l/S(JI(Nr srATr PLANt (X.l(WQHA7r
SYS7EI/ I_I '0/1 nOllJDA lAST ZONt.
LEGEND:
~ "" "" "" "" "" "" '" ~~b~;'NfAS[MENT
~ PRDPOSED
R.D. If. EASEMENT
R. O. W. : RIGHT or WA Y
PROJECT NO. 62081 p....eEL NO, : 766
Wils.Millel~'~""~
_. ~,~ ,~.~~. ~.I>>nClnlA/"",
\WeonMiBer, he:.
IiI/Iw.Fatlt,ln'_._.r_
1lllD""'~"'I/lO.___.""", _'For NH4H7I'_ __""
CUENT, COLUI!R COUNTY 71MNSPORTA nON.
E:NGlNEERING It CONSTRucnON AlANAGENE:NT DIVIS/ON
TOCE, SKETCH AND DESCRIpnON
BEiNG PART OF THe SOUTH 780.' OF TRACT 709.
GOLDeN GA TE: eSTA TE:S UNIT J7, PLA T BOOK 7, PACe 59.
COLLIeR COUN TY. FLORIDA
OJ,.T[:: PROJECT NO.: SHErr NUl.IBtR: flU: NO.:
04/2002 N6022-002-070- TDHWP 766 OF XXX 200-203
No\' 13. 2002 - IJ: 37: 53 UJILLERIX: \SLlR\N6022\Sketch Of Oescriptions\SubmiHed\209203s166.dwg
fA T LINE or SECTION 20
SANTA BARBARA
110
~
C)
~
..... ~
I~ i
~ ..::!
Ig
~
I~
:J~"'
"-3~
~
~
~
BLOCK 152
JJo. 00' (PiA T)
~ ~ltemN. C
~ I March 28 2 06
~O f 15
1- ~
o 25 60'00 200
GRAPHIC SCALe:
fX/STlNe 60' EASfU NT
FDR R. O. W. PURPo.SES P PLA T
109 1 09.1
SOUTH 180' NORTH 750'
(F TRACT /09 OF TRACT 709
PROPOSED ~
NON-EXCLUS1'tF ROAD PARCEl
RoO. w.. DRA/NA AND
U71U7Y r
4100 SQUARE
~
Ol
'!.
~
..::!
GOLDEN GA T[ STA rES UNIT 31,
PLA T BOO, 7, PAGE 59
108. 1
108
. J~ 7
P. OPOSED
R.o. [~~f:T.~
..."
....
XISTING 53' EASEMENT
rOR R.o. w. PURPOSES
(PfR PLA T)
GOLDEN GA TE UNIT 6,
PLA T BOOK 5. PAGES 124-134
1
2
6
4
3
5
'-i
-
C::l
-
....
-
I\.)
Cx:l
\.Q
GOLDfN GATE CITY UNIT 5. PLAT BOOK 5. PAGE 117-/23
BLOCK 153
LEGAL DESCRIPTTON.
BONG THE ~ST 54 FEET OF THE EAST 107 FEET OF THE NORTH /50 FEET or TRACT 109, GOLDEN GA TE
ESTA rES UNIT 31, PLA T BOOK 7. PAGE 59. COLLIER COUNTY, FLORIDA.
CONTAINING 8, /00 SOUARE FEET MORE OR LESS.
SUBJECT TO EASfMENTS & RESTRICTIONS OF RECORD.
EXHIBIT A
Page~ of...L.Q2
... Nor A' SURVEY ...
; /~ ~,', { . J.i ~ '
~ INC.
BtARrNtIS AJft /lASED ON Na/IH
AMC_ 1lA/IAI1N.A.D1 IH.!-'M
AD.AI$1IItNr SrA IE I'l.ANf C'OOI!lOItA IE
SISInI IG/lJDI TOR nCtl/llJ. CASr ZONe.
LEGEND:
'" "" "" '" ""'" "" "l V6~~N~AS[M[NT
~ PROPOSED
R.O.W. EASEMENT
R.D.W. .. RIGHT OF WAY
LAN T R. P OFf ALSURVEYOR &: MAPPER
rLORIDA REG/SIJ?A'.. is 15627
NOT VALID UNLfSSSIGNED'8Y THE SURVEYOR AND
SEALfD 'MTH THE SURVEYOR'S fMBOSSED SEAL.
CERFIFfCATE OF AUTHORIZATION 1 LB-4J
.ROJECT NO.: 62081 p....ctL NO. : f 67
Wils;nMiIIBr-'~~'-
1'lIIIWwn. ~. EcoioQIIIa. $noycn. ~_. T_.IboCMNianll
1l'iaonUIIer, be.
~'Fa1"'_'_,r_
iIllllllolorl.w,"'IOO'~__,__,,,,_,_ __
CLIENT, COUJER COUNTY TRANSPORTA TlON.
ENGINEERING It CONSTRUCTION MANAGafENT DIVISION
TITLE: SKCTCH AND DESCRIPTION
BEING PART OF THE NORTH 150' or TRACT 109,
GOLDEN GATF: ESTATES UNIT ST. PLAT BOOK 7, PACE 59.
COLLIeR COUNTY, FLORIOA
DATE: PROJECT NO.:
04/2002 N6022-002-010_ TDHWP
Nov 13, 2002 13, JB: 51 L""LLC:RIX: \SUR\N6022\SketCh Of Oe.cript;on.\SubmIUed\299203S167.dwg
JJo.Oo.' (PLAT) ~ ~Item N. C
.t:l.t -, March 28 2 6
~1 f 15
l"l- c::::::::':j
o 2'!lO,00 200
GRAPtotrC SCALE
i 6 I 7 I 9
COLDEN CATE: ESTATES UNIT 5. PLAT BOOK 5, PAGE 117-123
LEGAL. DFSCRIPTTON
BEING THE Hf"ST 54 FEET OF THE fAST 107 FEU OF THE SOUTH 150 FEU OF TRACT 108.
fSTA TES UNIT 31, PLA T BOOK 7. PAGE 59, COLLIER COUNTY, FLORIDA.
1 08.1 108
SOUTH 150'
OF TRACT 108
NORTH 180'
OF TRACT 108
109.1
~
Po
~
~
)0.
~~
+
i
I
~
8
0,
'!.
~
:..
..::!
'AReEL NO. II~ R:
""
...,
EAST LINE OF SECTION 0
SANTA BARBARA
CONTAINING 8,100 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
... NOT A SURVEY ...
I.,') .:
LAN T R, p, OFE AL SURVEYOR &: MAPPER
FLORIO,," RECISTR~ ..L$ 15627
NOT VALlO UNLESS SIGNED BY THE SURVEYOR AND
SEALED 'MTH THE SURVEYDR'S [MBDSSfD SEAL.
CERRFfCA T[ OF AUTHORIIA nON I LB-4J
BEARINGS ARC 8AstO ~ NCRTN
AM{RICAJi DA/tAI IN.A.DI 'HJ-'IID
~1IICNr STAll' f'f.ANC ~Il'
SI'S7EIt I_I fOT/ 11__ lAST ZDN!.
PROJECT _0.: 62081
PARCEL NO. :
168
GOLDEN GA TE: ESTA TE. UNIT 30,
PLA T BOOK 7. PA fS 58
107
107.1
PROPOSED
R.o. W. EASEMENT
GOWEN GA T[ UNIT 6,
PLA T BOOK 5, PAGES 124-134
14 I 75
BLOCK 153
16
17
GOWfN GATE
EXHIBIT A
~ &3 of le'7.
LEGEND:
~ ~ ""~~~~"I f{b~;'NfASEMENT
~ PRDPOSfD
R. O. W. EASEMENT
R.D. W. '" RIGHT or WA Y
Wil.MilleiN-~~'-
- . ~ ' EccIogoI. . Slnw)'ln . 1._ ArtNocto . n.r.pcn.1bo CoovIJI....
WiIaMIer. Inc.
_.Forl/lrOn._._.T_
mosu.,t..,abl/lD.___.""", _'FoII/H4H111.___
CLIENT, COLUm COUNTY TRANSPORTA llON.
ENGINEERING .t CONSTRUCllON MANAGEMENT DlvrSlON
Trrl.[, SKETaI AND DE:SCRIPTlON
BElNC PART OF THE SOUTH 150' or TRACT TOB.
COLDEN GA TE fSTA TES UNIT .J1. PLA T 800K 7. PACE 59,
COLLIER COON TY. FLORIDA
DAlE: PRMCT NO.: SHEET HUUltR: F'tLE NO.:
04/2002 N6022-002-010.- TDHWP 168 OF xxx 200-203
Nov 13, 2002 - 13: 47:00 LMILLER!X: \SUR\N6022\Ske'cn Of Desc,iption.\Submitted\2gg20J.'68,dw~
330.0.0' (PLAT) ~ -~lt9m N. C
~ March 28 2 6
~_ ~ f 15
o n ~ ~ m
GRAPHIC SCALE
108. 1 1 08
NORTH 180'
OF TRACT 108
GOLDEN GA TE fSTA TE UNIT 30,
PLA T BOOK 7, PA [S 58
109.1
SOUTH 150'
OF TRACT 108
~
~
'"
'!.
~
:a..
..::!
PARCEL NO
I(j)
~
Po
~.
~
:...
..::!
107
107.1
PROPOSfD
R.o. W. EASEMENT
EAST LINE 0 SfCTlON 20
SANTA BARBARA BOULEVARD
GOLDEN GA TE UNIT 5,
PLA T BOOK 5, PAGES /24-134
8 I 9
GOLDEN GATE ESTA TES UNIT 5, PLA T BOOK 5. PAGE /17-123 BLOCK 153
LEGAL DESCRIP170N
BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 180 FEET OF TRACT 108, GOWEN GA Tf
ESTA TfS UNIT 3/, PLA T BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA.
15
16
77
CONTAINING 9,720 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
EXHIBIT A
Page~ )f-1.Q
... NOT' A '$UR-YEY ...
. u: :': "
PREPAREDSY: WILSON//,
, .
(.J
..
LANCT R, P an AL'SURVEYOR &: MAPPER
FLORID,A 'F?~C/~rk,A .is 15627
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED WITH THE SURVEYOR's EM80SSED SEAL.
CERFfFICA T[ or AUTHORIZA TION I L8-4J
BfAIIINCS AI/{ /IAn ON IKMIH
AMtI/lCNl ""/VII IUD) 'fNIJ.,1fO
ADJJSTWNT $'TA" If.~ ~rr
mini I_I TI1II nOllf/A mr ZOIC.
LEGEND:
h.. '" "" "" "" ~\:'J f{fl~NjASEMENT
~ PROPOSED
R.o.W. EASEMENT
R.O.w. '" RIGHT or WAY
PROJECT NO.' 62081 p..eEL NO. : 169
WilS;nMillei~'~w-
- . ~ . EcoIoGIrIt . ~ . ~Art/'IIoct. . rrwporlalbn CoMII_
~.tx:.
-''''''I/IrI......,.._.,,-
:llI:ll"'~M1I/J''''''__,_ _.FIT _011.___
CLIENT: COI.LJER COUNTY TRANSPORTA new,
ENGINEERING It CONsTRucnew AlANAGENENT DIVISION
TIlL[, SKETC>>I AND DE:SCRIpnew
BeiNG PART OF THe NORTH 180' OF TRACT 108,
GOLDeN GA TE: F:STA TE:S UNIT JI. PLA T BOOK 7, PACt 59.
COLLieR COUNTy' FlORIOA
DATt: "ROJECT NO,; S~tET HUl.IBEA: rll.t NO.:
04/20.02 N6022-002-010- TDHWP 169 OF xxx 2GG-20.J
No. 13. 2002 - 13: 48. 01 L/oUlLERlx: \SUR\N6022\SkolCh Of Ooscrlplion,\Subrnalod\2gg203.169,dwg
JJo..Oo.' (PLAT)
107 107.1
SOUTH 180' NORTH 150'
OF TRACT 107 OF TRACT 107
108 PARCEL NO. ;'<:i
~ ,..
s:o <:5,
~
~ ~
,.,
,., ..;:!
..::!
EAST LINE or SECTION 20
SANTA BARBARA BOULEVARD
9
10
14
15
76
13
~ ~t9mN. C
LLt ~"'--March 28, 2 6
.-.il 7;3 f 15
'..- ~ -\
o 2~ 50 100 200
GRAPHIC SCALE
COLDEN GA TE ES TE5 UNIT 30.
PLA T BOOK 7, PAGES 58
106.1
106
PROPOSED
R.o. W. EASEMENT
""
....
"-"-'I'
GOLDEN GA TE UNI T 6.
PLAT BOOK 5, PAGES 124-/34
20 27 22
23 24
BLOCK 153
LEGAL DESCRIPTTON
BEING THE ~ST 54 FEET OF THE EAST 107 FEET OF THE NORTH 15D FfET OF TRACT /07, GOLDEN GA TE
ESTA TES UNIT 31, PLA T BOOK 7. PAGE 59, COLLIER COUNTY, FLORIDA.
CONTAINING 8,100 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS or RECORD.
... .NOT"A. . SURVEY...
PREPARED 'B.y,.
R, /~ 0Fe AL SURVEYOR &: MAPPER
',{is 15627
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED 'MTH THE SURVEYDR'S EMBOSSED SCAL.
CERFIFfCA T[ OF AUTHORIZA no;''', LB-4J
/lEARlNGS All( BASCD ON HaITH
-_ DA/1.llI (N.A.D) 'W-'HI!
ADJ/STI/tIIT STAlE /'f.ANE COOROINAIE
S'fSII'I/ I_I TOIIIl""'" CAST zr>>I€,
PRo.IECT "0.: 62081 PARCEL NO, : 171
Wils;nMiller~-~UU~
~.IirQtIMn. ~. &noy.n. LandIcopoArc/lleofl' r_.llc<tC<Nalanlt
1ViIon!.IiHer. Inc:.
1Ir/iIt. Forll/rn._. I<_,r_
_BIIoru..&AllQl._-__._ _'Fu _01,_ ___
EXHIBIT ~
Page~oUK1
LEGEND:
~"" "" "" "" "" "" '" V/1~N~ ASEM[N T
~ PROPOSED
R.O.W. EASEMENT
R.O. W. = RIGHT OF WA Y
CUENT, COl.UER COUNTY TRANSPORTATION,
ENGINEERING It CONS7RUCTlON MANAGEMENT DIVISION
TiTLE: SK~TCH AND DfSCRIP7JOH
BEING PART OF THE NORTH 150' OF TRACT 107,
COLDEN GA Tr rSTA rrs UNIT 37. PLA T BOOK 7, PACr 59,
COLLlrR COUNTY, FLORIDA
OATt:
04/2002
PROJECT NO.:
N6022-002-010- TDHWP
Jul 11, 2002 - 09.27: 26 JNAP1ER!X; \SUR\N6022\Sketch Of Oescriptions\Submitll!!d\299203s'7' .dwg
JJo..oo' (PLAT)
~
1 06.1 106
SOUTH 150' NORTH 1801
OF TRACT 106 OF TRACT 106
I
"'
ce
;::j f-;:;; EXISTING 60.' EASEMENT
~ I FOR R. O. W. PURPOSES PER PLA T
~t~m N
March 28, 2 6
~f15
o 2~ 50 '00 200
GRAPHIC SCALE:
705. 7
. PARcEL NO.
~ ~ I
~, CIj
~~
,.. c:::
I s ~ I
tJ5. .
GOLDEN GA TE ESTA TES UNIT 30,
PLA T BOOK 7, PACfS 58
705.2
107.1
~
,..
q
e:
"-
SANTA BARBARA
BOULEVARD
18 19 20 21 22 23124
GOLDEN GATE CITY UNIT 5, PLAT BOOK 5. PAGE 117-123
~
:...
.;:!
PROPOSfD
R. O. W. [ASEMfNT ~
-..-..-..-
EXISTING 53' EASEMENT
FOR ~ 0. W. PURPOSES
,PfR PLAT)
"'
~"'l
~~
~:t...
~~
~~
BLOCK 153 "-3 ~
7
LEGAL DESCRIP TlON
BEING THE WEST 54 FEET OF THE fAST 107 FEET OF THE SOUTH 150 FEET OF TRACT 106, GOLDEN CA T[
ESTA rES UNIT 3/, PLA T BOOK 7, PACE 59, COLLIER COUNTY, FLORIDA.
BLOCK 157
CONTAINING 8,100 SQUARE FEET MOR[ OR LESS.
SUBJECT TO EASEMENTS & RfSTRICTlONS OF RECORO.
EXHIBIT A
Page~ of..ll!.l
','
. . .
...NOTu"A. SUR,ygy....
. (J :..: ;,~ . '\
PREPAREO :8;>'; 'MLS,O'(. z
LANe, r '8. ,P on
FLORIDA REGISfRA . is./5621
NDT VALID UNLESS 'SIGNED e'yrH[ SURVEYOR AND
SEALED WITH THE SURVEYOR'S EMBOSSED SEAL.
CERFlFICA T[ OF AUTHORI!A T1DN I L8-4J
BtARtNCS A11E /lAst/) ()11 NORIIi
.wtftICAN AUIAll' (N.A,D) INJ-lm
A/).(JS1WNT STAir PlANt ~Ir
SYS7EII r_J ftrt TlOlltJA 'AST ZONe.
LEGEND:
h "" "" "" '" "" '\"'l ~1f:'N~AS[M{Nr
~ PROPOSED
R.o.. W. EASEMENT
R.o. W. z RIGHT OF WA Y
PROJECT NO., 62081 p....eEL NO. '172 CLIENT. COLLIER COUNTY TRANSPORTA nON,
~I.M~~ -... ~...- ENGINEERING ct: CONSTRucnON AlANAGElIE:NT DIVlS10N
r. r. ra. TITLE. S1<ETCH AND DE:SCRIPnON
.J Il U. BEING PART OF THE SOIJTH ISO.' OF' TRACT lOIS,
-. . SlCIt100n 'Eco/<9tfJ . ~ . L-.".N'<IlIocII . T~1lon ec...itInt, GaLDCN GA Tt ESTA TtS UNIT .II, PLA T BDOK 7, PAGE S9,
WI8ont.4W,Inc. COLLIER COIJNTY, FLORIDA
,.,., . Nri..... . ...... . - ' ,. DATE' PROJECT NO.: SHED NUMBER' riLE NO.:
llllla.r.,L&'Ir,/UtIOO'HrI*ollrIUGlHlll7'__''''JH4H7II._...__ 0.4/20.0.2 N6o.22-002-OtO-TOHWP 172 OF, xxx 200-203
Nov 13. 2002 - 1 J. 59, 24 LMILlERlx, \SUR\N6022\Sk.lch Of 0..crip!;oos\Submlttod\2gg20J,'72.dwg
NO. (r;c~'
106
~ ~ ~ EXlSTlN(; 60' EASEMENT
..... FOR R. O. W. PURPOSES PER PiA T
NORTH 180' ~.
OF TRACT 106 ~
I ~ ttj \
~~
~c
I ~ ~ I
CI5. .
10.0.
O::l
~
~
o 211 110 100
GRAPHIC SCALE
o. C
~March 8, 2 06
r----Page 7 of 15
JJO.oo' (PLA T)
I
200
106.1
SOUTH 150'
OF TRACT 106
105. 1
107.1
~
""
c:;.
GOLDEN GA TE ESTA TES UNIT 30,
PLA T BOOK 7, PAGES 58
105.2
~
~
PROPOSED
R. O. W. EASEMENT \.
.. ..-.\-..-
EAST UN, OF SECT70N 20
SANTA BARBARA
BOULEVARD
EXISTING 53' EASEMENT
FOR ~O.w. PUR~OSES
{PER PLA TI
GOLDEN GA TE CITY UNIT 5, PLA T BOOK 5, PAGE 117-/23
BLOCK 153
10.0.
~~
~~
~~
"-3L=iJ
1
GOLDEN GA TE UNIT 6,
PLA T BOOK 5, PAGES 124-/34
78 19 20 21 22 23 24 25 26 27 28
BLOCK 157
LEGAL DE SCRIP TlON
BEING THE m:ST 54 FEET OF THE EAST 107 FEET OF THE SOUTH /50 FEET OF THE NORTH 180 FEET OF TRACT
105, GOWEN GA TE ESTA TES UNIT 31, PLA T BOOK 7. PAGE 59, COLLIER COUNTY, FLORIDA.
CONTAINING 8,100 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS &' RESTRICT70NS OF RECORD.
REVISED 06-01-04
EXHIBIT 1/
p~ &''7 of 1(/
--
*** NOT A SURVEY ***
___tll/1/C1/f1H
~:'m'=JF
_{lIllIlrar~E;4ST'nN:
LEGEND:
~ '" '" '" '" '" '" ~ ~1l~N~ASEMtNT
~ PROPOSED
R.O, W. EASEMENT
R.O, /If. "" RIGHT OF WA Y
PROJECT NO., 62081 PARCEL NO. '173 CUENT: COLLIER COUNTY TRANSPORTA T70N,
IIIs;nMl~ -.. ,~...- ENGINEERING &' CONSTRUCTION MANAGEMENT DIVISION
r.. r.. rap ffil,E, SKETCH AND DESCRIPT70N
.~ I~ fl. . BEING PART OF THE NORTH 180' OF TRACT 105,
-'~'~'ano,.n.!MldIoIpo~ ~~ GOLDCN GATe ESTATES UNIT JI, PLAT BOOK 7. PAGF: 59,
~ t1c. . 'COUJCR COUNTY, FtORIDA
.... ./lr!..... . _ . __.,. ""T8 PROoIEc;T NO.: SHffi NU"BEll: FlLE NO~
......,."""....llI>....__."""__."'_.__ O~/2002 N6022-002-010-TDHWP 17J OF' XXX 2GG-203
J76.40' (PLAT
I
106 I
I
I
"' GOLDEN CATE ESTATES UNIT 30,
O:.l I PLA T BOOK 7. PAGES 58
~ 705. 1
:z,. _ fXlSTlNG 60.' fASfMENT
~ rQR R.O W. PURPOSES PfR PLA T
~
~
>II..
~
~
~
~
~
~
1 05 2 fAST 268. 62' ~
~ ~ I .. OF TRACT 1051 ~
~. ~ PROPOSED PERPE7UAL. ~
~ ~ /.I NON-EXaUSl'tF ROAD
~ ~ARCEL NO. /'1 q o. w., DRAINAGE. AND
CIS I U71UTY EASEMENT
"-3 '4111 !IfJUARE FEET
J46.50.'
Jo.'
"-
""
...
oilI.
~
t::::s
~
~
:t>:
~
~ ---~ It'?m N. C
~ ~ ~ March 28 2 06
l"l- ~6 f 15
o 25 50 100 200
GRAPHIC SCALE
2
~
~
:t>:
Cii~
~~
;~
,.,
....
A
h:t
[::J
~
~
~
~
~
1
PROPOSED
R. O. W. EASEMENT \
,. ..-
20 17
21 16
EXISTING 53' EASEMENT
FOR R.o. w. PURPOSES
(PER PLA T)
1
7. 7
~ Q;
t:::: b!
~
~~
~ ~
5;?;a
~~
1:'-0<:
GOLDEN GATE CITY UNIT 5, PLAT BOOK 5, PAGE 117-/23
24 25 26 27 28
BLOCK 157
BLO 'K 158
LEGAL DESCRIPTION
BEING THf NORTH 346.50 FEET OF THE ~ST 54 FEET OF THE EAST 107 FEET OF THE EAST 268.62 FEET OF
TRACT 105, GOLDEN GA TE ESTA TES UNIT 31, PLA T BOOK 7. PAGE 59, COLLIER COUNTY, FLORIDA.
CONTAINING 18,711 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
\ .~
( \ :' " . ,"~, i
... NOT A SURVEY...
, p, .'
>'Nc..
T :8, Po OFf AL SURVEYOR &: MAPPER
FLORIDA REGISTR,A,' ~q 1562('
NOT VALID UNLEss SIGNfDBY rrii<SURVEYOR AND
SEALED WITH THE SURVEYOR'SfMBOSSfD SEAL.
CERFlFfCA T[ OF AUTHORIZA T/ON I LB-4J
1lEA/hNC$ ARC 8A$Etl ON NORTH
AJIiIfICAN jl< IW IN.A.O) 111.1- "'"
A/MJSDlCNr srA1f PlANe CfXYt()INArc
srsrtIT IGR/()I TOIl nOllJDA CASr ZDI/t.
PROJ(CT NO., 62081 P....CEL NO. : 174-
Wil.Millel'-'~~"-
- . ~ .~. '1lWwy<n. L........_Ir. T~IIonC<<U1M
WiIon!.ItIIer, ;.."
!III>Oo'F<rfA/ln'''''''_,r_
3IlII1IIIorIMllUlIlOO...,..__._ _.ra_,_ __...
EXHIBtJ A
PageJJ..... of....J.!;Q
LEGEND:
"'~ "" "" "" ""'\'1 ~1f~N~ASEMfNT
~ PRDPDSfD
R.o.W. EASEMENT
R.o.W. = RIGHT or WAY
eUENT, COUJER COUNTY 7RANSPORTA nON.
ENGINEERING ~ CONS7RucnON WANAGEMENT DIVISION
TnLE: SKETCH AND DESCRIPnON
BflNG PART OF THE fAST 268.62' OF TRACT /05.
COLOfN CA TE: fSTA TfS UNIT Jr, PLA T BOOK 7, PAGE: 59,
COLLlfR COUNTY, FLORIDA
O4T(: PAOJ(eT NO.: $HEEl NUYSER: F'IU: NO.:
04/2002 N6022-0.0.2-o.rD-TDHWP /74 OF xxx 2GG-203
No.. lJ, 2002 - 14.00: 40 LMILLERlx: \SUR\N6022\Sk,'ch Of Oe.Criplions\Svbmitted\2g920Js174.dwg
330.00' (PLA T)
WEST 300'
113,1 or TRACT 113
~ ~t"mN.1 C
~ March 28, 2 6
l"l- ~ f115
o 2~ 1lO 100 200
GRAPHIC SCALE
2
GOWEN GA TE ESTA TES UNIT 33,
PLA T BOOK 7, PAGE 60
;l2
:!..
.....
gs~
~~
~Sd
,....
CJ
~,....
f'1;;::
lrilri
....
pARCEL
1 :!:
'"
~
~.
~
:0.
..::!
113
" ~
~
~ ~
-=b'
1;: b::l
-:::! Q
~
tr.l
:;;:
~
15
EXISnNG 60.' EASEMENT
FOR R.o.W. PURPOSES PER PLAT
. LESS THE
WEST 300'
)'7/}
15. 1
PROPOSED
R.o. W. EASEMENT
PROPOSED PERPETUAL.
NON-EXQ.USI'tF ROAD
R.a.W.. DRAINAGE. AND
UTTU7Y fASEMENT
'4"0 SQIJARC FEF:r
158,26'
P.O.D.
EAST INE OF SEcnON /7
LEGAL DESCRIPTION
ALL THA T PART OF TRACT 113, LESS THE MST 300 FEET. GOLDEN GA TE ESTA TES UNIT 3J, PLA T BOOK 7,
PAGE 60, COWER COUNTY, FLORIDA. AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 113, A POINT ON THE EAST LINE OF SECT/ON 17,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA;
THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 89'21'39" ~ST 53.00 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 89'27'39" w.:ST 5/.89 FEET,'
THENCE LfAVlNG SAID SOUTH TRACT LINE NORTHfRLY 67.84 FEET ALONG THE ARC OF A CIRCULAR CURVE
CONCAVE EASTERLY HAVINC A RADIUS OF 3,060.00 FEU THROUGH A CENTRAL ANGLE OF 01'16'13" AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 01'54'26" w.:ST 6784 FEET.'
THENCf NORTH 01'16'19" WEST /58.26 FEET,'
THENCE NORTH 45'53'19" WEST /05.35 FEET,'
THENCE NORTH 89'29'42" EAST 121.27 FEET.'
THENCE SOUTH 01'09'10" EAST 300.05 FEfT TO THE POINT OF BEGINNING.
EXHIBIT A
Page~ of..lQ
CONTAINING 18,610 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
I,"
.... NOT' A . SURVEY ...
CURVE NUMBER /
(/, \"
T R, A OFf 'Ai. 'SURVEYOR &: MAPPER
FLORIDA RECISTR~.. 'L$, #5627 d'
. " , ".' .'." .
NOT VALlO UNLESS SIGNED EjYrHESURVf:YOR AND
SEALED 'MTH THE SURVEYDR'SEMBOSSED SEAL.
.J.. '/
CERFfFfCA T[ OF AUTHOf?liihON # 'L~-4J
PROJECT NO.. 6208' PARCEL NO. : 176
Wil.nMillel'-'~~'~
- . ~ ' Et:c/cgIotJ , .IUw_ . L."..,.. ArcNocIt . Tr~.''''' CavoJIan.,
WltonMl/....., nc.
,...I'a1"'_._.r"",
UlO.....l.IfI<<U.~,..__,"- _,FIT HH4HJ1'_ ...__
RADIUS~ J060.00.
DELTA~ 0/'/6'/J"
ARC~ 67.84'
TANCENT= 33.92'
CHORD= 67.84'
CHORD BRG. N. 0/'54 '26"w'
LEGEND:
/,,"" "" "" "" "" "" "l f{/J~NiASEM[NT
~ PROPDSED
R.O. W EASEMENT
R.D.W. = RIGHT DF WAY
P.O.B. = POINT DF BEGINNING
P,o.c. = POINT OF COMMENCEMENT
BfARINCS AI/{ /IA>n> ON NfJI/IH
AMtRlCAN DAMI (MAD) 11&]-"'0
AD.AJS1MtNT srA IF PLAIIC COt:JftIIYA rr
s...rrll I_I ,ar llOllOA lAST ZOI<.
CLIENT: COLLJER COUNTY TRANSPORTA 77ON,
ENGINeERING 4r CONSTRUC77ON MANAGEJlENT DI\lrSlON
lITLE: SKETCH AND DESCR/P77ON
BE/NG PART OF TRACT I1J,
GOLDEN GA T[ ESTA TrS UNIT JJ. PLA T 800K 7. PAGE 60,
COLLIER COUNTY, FLORIOA
Do<TE:
04/2002
PROJECT NO.:
N6022-002-0/0- TDHWP
Nay lJ. 2002 - 14: 02: 12 UAIlLERlx, \SUR\N6022\Skelch or DoscdDlions\Submilted\29920Js176,dwg
/F,O.C.
, N01'04 5"W
COLDEN CA TE UNIT 6,
PLAT BOOK 5, PAGES 124-134 LJ
(2)
GREEN BOUI.,),VARD PUD y
16 TRAcT:':4" 1 '2 ~
PAR..cEL NO, 177
FEE SIN/PLE TAKING
976 SOUARE FEET
- - - - - - - _1_ _ _ _ _ _ _ _
BLOCK} 152
GOLDEN GA T[ UNIT 4, PART "
PLA T BOOK 91 PACE 122
,
I
I
~
"l
'~~
I\lst}
.:""
'CJ
~~
:l>:
~~
"'"
?
"'"
.....,
tI:l""
<;:)0)
~~
~~
~&3
GOLDEN GA TE ESTA TES UNIT 3J,
PLA T BOOK 7, PACE 50
1 C
NiCh 28, 6
~e 78 0 1 5
PROPOSED
R,O.W. ~A~E:T,~'
~
L_
OUIO 100
GRAPHIC SCALE
]
200
1
113
l
EAST WE OF' SECTlON 11
SANTA BARBARA
BOULEVARD
LINE TABLE
Unll 811arl"9 OIf/tanclI
L1 S.89'29'42"W, 56.18'
L2 S.42"J8'SS"w, 41,21'
LJ N,01'rJ4'56"w. 013.95'
L4 N,8!/'29'42"~ 60.87'
!:::
2
1
15
2
ME. 'NER
OF' LDT 1
DAMICO CRES
PLA T BOOK ,PACE 19
LEGAL DESeRIP TlON
BEING A PORTlON OF TRACT A, GREDI BOULDEVARD PUD, SAME BEING A FORMER PORT/ON or LOT 1, BLOCK 152, GOWEN
GA TE: UNIT 4, PART " PLA T BOOK 9, PAGE 122, AS DESCRIBCD IN OJ?, BOOK 1811, PAGE 2315. COLLiER COUNTY, FLORIDA,
AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOws,'
COMMENCINC AT Tl-IE CENTE:RUNE INTERSECT/ON OF SANTA BARBARA BOULEVARD AND /6Tl-1 PLACE S. w.;
TliENCE NORTIi 01'04'56" Uf"ST 289,90 Fm:
Tl-IENCE NORTl-I 88'50'50" EAST 5J.00 FEET TO TliEPOINT OF BEGINNING,'
Tl-IENCE NORTl-I 01'04'56" Iff'ST 4J.95 FEET,'
TliENCE NORTl-IEASTE:RLY39,52 FEET ALONG THE ARC or A CIRCULAR CURVE: CONCAVE: SOUTHEAST HAI1NG A RADIUS Of'
25.00 FEET Tl-IROUGH A CENTRAL ANGLE OF 90.34'37" AND Bf/NG SUBTE:NDCD BY A CHORD WHICH BEARS NORTIi 4412'23"
EAST 35. 53 FEET:
TliENCE NORTH 89'29'4r EAST 60,87 FEET:
TliENCE WESTERLY 52.12 FEET ALONG THE ARC or A CIRCULAR CURVE: CONCAVE: SOUTHERLY HAI1NG A RADIUS OF 168.00
FEET Tl-IROUGH A CENTRAL ANGLE OF 17'4.6'32" AND BEING SUBTE:NDED BY A CHORD WHICH BEARS SOUTH 80'36'25" Kf'ST
51.91 FEET:
Tl-IENCE SOUTl-I 42'38'55" Kf:ST 41.21 FEET:
THENCE SOUTHERLY 31.73 FEET ALONG THE ARC OF A CIRCULAR CURVE: CONCAVE: SOUTHEASTE:RLY HAI1NG A RADIUS or
168.00 FEET THROUGH A CENTRAL ANGLE OF 10'49'17" AND BEINC SUBTE:NDED BY A CHORD WHICH BEARS SOUTH 1019'43"
Kf:ST 31,68 FEET TO THE POINT OF BEGINNING,
CONTAINING 976 SQUARE FEET MORE OR LESS.
SUBJeCT TO EASEMENTS & RESTRlcnONS OF RECORD.
*** NOT' A ,(S,URVEY ***
'~
ANDREW 8,,'8Eck. PROFESSION4/. SURVfYOR &: UAPPfl?
FLORIDA REG/STR/fTlQN. Lf' If 065
NOT VAf)D UNLESS SJGNCO"BY THE SURVEYOR AND
SEALED WlTH'THESURl:f:l'Oi':S fU8DSSED SEAL
. :', .,,,\'
CERFif1CA.7t .OFAUTHORIZA TlON I L8-4J
CUR VE TABLE
NO. RADIUS DD. TA ARC TANGENT CHORD CHORD BEARING
1 168.00' lr46'J2" 52.12' 26.27' 51.91' S,80.:J6'2S'w.
2 168.00' 10.'49'17" J1,7J' 15.91' JI.68' s'lo.i9'4.rW,
J 25,00.' 90"J4'Jr J9.52' 25.25' J5.5J' N.44i2'2J'E:,
EXHIBIT A
~ 70 of (07
LEGEND:
~ PROPoseD R.O.1f.
R.O. W. '" RIGHT OF WA Y
P.O.8. '" POINT OF' BEGINNING
P.O.c. '" POINT OF COMMENCEMENT
-AllElIA,CDN_71I
~~~~7r
.m7Ell 1_) 1llIl .'1Dllll4 CASr 2I>\E
REI1SED 06-0.7-04
PROJECT NO.; 62081 PARCEl. NO. : 177 cw""-: COLLIER COUNTY TRANSPORTA TlON,
.I.MI~ -........- ENGINEERING &: CONSTRUCTION MANAGEMENT DIVISION
r.. ,. rail' TITI.E: SKETCH AND DESCRIPTION
.~ .J U. BEING PART OF LOT 1,
~. """"'-- .............. ,,-- ,.............,.............. -~~-^'-~~ GOLDEN GA7e" UNIT 4, PART " PLAT BOOK g, PAGE' 122,
,-,~. -..-, , ----. -~~~w_' ..._-~- COWER COUNTY. FLORIOA
' ..... Fcr116n. ......'....... Toopt DATt: PROJEcT NO" SHEET NU~BEJl: fiLE NO.:
BIlIIor~"'Jl:)'~__'_H-fHll:I''''-.vJ''''___ 04/2002 N6022-002-01o-TDHVrP 177 Of xxx 2GG-20J
Jun oe, 200-4- - 13:1-4-:oe KRIIoIESjX:\SUR\N8022\Skotch Of o..c:rfptJono\SUbmlttod\2gg20301n.dwg
/1
~
SANTA B RBARA
BOULE 'ARD
EAST LINE OF SECTION 17
~~emNo.1 C
~ en 28, 6
paf~o 115
l"l- I
o ~ ~ ~ m
GRAPHIC SCALE
~
~
~
tl::l
c
~
~
~
e;
iI:
llg-
:ll~
...:~
",.
~
NO.) rye(
2
'"
~
~
~
l>.
..::!
2
2.7
P. .B.
GOLDEN GA TE TA TES UNIT 34,
PLA T BOOK 7, PAGE 23
180.. 0.5' (PLA T)
EX/STING 50' EASEMENT
r, R. 0.. W. P/JRPo.SES PER PLA T
LEGAL DESCRIP nON
ALL THAT PART or LOT 2, DAMICO ACRES. PLAT BDO!< 20., PAGE 79, COWER COUNTY, FLORIDA, AND BEING MDRE PARTICULARLY
DESCRI8m AS rOLLOWS;
COMMENCINC A T THE SOUTHEAST CORNER OF SAID LOT 2;
THENCE ALONe SOUTH LINE or SAID LOT SOUTH 89'29'42" WEST 238.84 FEET;
THENCE NORTH 00'30.'18" WEST 30.0.0 FEET TO THE PDINT or B(CJNNfNC;
THENCE SDUTH 89'29'42" WEST 230.54 FEET;
THENCE NORTH 45'30.'/5" Mf"sr 29.78 FEET;
THENCE ALONe THE EASTfRL Y LINE or EXISTING RIGHT or WA Y DESCRIBED IN R.O. 8001< oJ, PAGE /-5. CDLL/ER COUNTY, FLORIDA,
NORTH 00'30.'/4" WEST 10.4J rEET;
THENCE LEA VINe SAID EASTfRL Y RIGHT OF WA Y LINE SOUTH 76'48'06" EAST 56.93 FEET;
THENCE NORTH 89'29'42" EAST 112.95 F'[[T;
THENCE SOUTH 78'18'59" EAST 85.26 rEa TO THE POINT OF BEGINNING.
CDNTAINfNG 3,930 SQUARE FEET MORE OR LESS.
SUBJECT TO. EASEMENTS r!t RESTRICTIONS or RECORO.
EXHIBIT IJ
~,JL of:..f.L2
REVISED 12//0/20.0.2
*.. NOT A SURVEY ...
PREPARED BY:
LAN . R, P. OfF. AL SURVEYOR &: MAPPER
FLORIOA REG/STRA LS /5627
~ . , ,,' ~_:' "
NOT VALID. UNLESS 61GNEO 8Y,THE SURVEYOR ANO
SEALED 'MTH THE'SURVSYOO'SEMBOSSEOSEAL.
CERFfrICAT[ or AUTHORiZATION I LB-43
IFARwG$ Mtt AtSrO ON NOIflH
~ Atnw (II.A.D) 1NJ-11If)
AD.lJSTlIOI' SWI' M.AIIl -"11'
srs7EII IQ/t/)J Tal IlClllOol lAST lOo1I:
LEGEND:
"''''' "" "" "" "" '\~ f{ff;'N~ASEMENT
~ PROPOSED
R.O.w. EASEMENT
R.O. W. '" RIGHT OF WA Y
P.O.B. '" POINT OF BEGINNING
P.O.c. .. POINT or COMMENCEMENT
PROJECT NO.: 620B1 P....""L NO. : 178
Wil.Mlllei.'~--
_. ~ . Ecoloclilo . a....,..,. ,lAtldocIpo_ . ~Ic:n CalUaM
~,hc.
,.,.,. ""~, _ . _. '-
....,t.n,..lrXJ'MpcIirilo_,_ _.",_,___
CLIENT: COWER COUNTY TRANSPORT A T1ON.
ENGINEERING &: CONSTRUCT1ON MANAGEMENT DIVISION
TITLE: SKD'CH AND D~SCRIPT1ON
BE/NG PART OF LOT 2.
DAM/CO ACRES. PLAT BOOK 20, PAGE 19,
COLL/oR COUNTY, FLOR/DA
DATt: cr NO.: 'SHEEl NUW8[R; FILE NO.:
04/2002 N6022-002-010- TDHWP /78 OF xxx 2GG-20:J
Dee , 2, 2002 - 08: 20: Jl U:l'lLER/1(: \SUR\N6022\Skelch Of OescriptionS\Submllled\29920J.'78.dwg
I
!
.......-.'''....., ........4
1--_, _,..on..............,....on.........,__.,..._.,.......,.............,....
i c;") WEST 75'
~i ~ 775 OF TRACT 175
2: ~ .. "" ................. .. ...._ . . __ .. . ...... ........... .. .....on.. " "."_. ................. ............. . '" "
~i...~., "."-~_.."_."....."........................ -._~.._~~ ..".-.,
ftT:!
: ~ EXISnNG 60' EASEMENT
~ I ~ FOR R. O. W. PURPOSES PER PLA T
8' ~
'!~
~:~
-5;\::5
Agenda Itel11 N 1 C
172 March:28, 2 06
660.0.0.' (PLAT) Page ~O f 115
....._._-~-_................................_........._-'"..~_........,........................h..._~-....._._.--....i
GOLDfN GA TE ESTA TES UNIT JJ,
PLA T BOOK 1, PAGE 60
~!
~.!
~i
~;
'=11
113
/
PROPOSED PERPETUAL,
NON-EXCLUSIVE ROAD
R.O.W., DRAINAGE, AND
UnLlTY EASEMENT
1,124 SOUARE FEET
115.1
EAST 255'
OF TRACT 115
) 79
P.D.B.
660..0.0.' (PLA T)
.......................)...............'._...H..__P....._._........................:..........
.................................i:..._
SANTA BJ.tRBARA
BOULEVARD
~ I
//
LEGAL DESCRIP nON
ALL THA T PART OF THE EAST 255 FEET OF TRACT 115, GOLDEN GA TE ESTA TES UNIT JJ, PLA T BOOK 1, PAGE
60, COWER COUNTY, FLORIDA, AND BErNG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
EAST 4INE OF SECTION 17
eXISTING 150' EASEMENT
( i FDR R 0., W. PURPOSES
: (PER PLA T)
i
i
~;--
~
o 2& DO 100
GRAPHIC SCALE
I
200
, ----:----
COMMENCING A T THE SOUTHEAST CORNER OF SAID TRACT 115; ,
THENCE ALONG THf EAST LINE OF SAID TRACT NORTH 00'30'18" WEST JO.OO FEET TO THE POINT OF
BECINNlNG;
THENCE LEA VlNG SAID EAST TRACT LINE SOUTH 89'29'42" m:ST 63.64 FEET,'
THENCE NORTH 60'27'15" EAST 72.19 FEET TO THE BEFORE MENTIONED EAST TRACT LINE;
THENCE ALONG SAID EAST TRACT LINE SOUTH 00'3D'18" EAST 35.33 FEU TO THE POINT OF BEGINNING.
CONTAINING 1,124 SQUARf FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
EXHIBIT /1
Page-1L. Of..J.Jf1.
REVISED 12/10./20.02
LINE TABLE
*** NO'F ~ . St!.RVEY ***
UM Bearing Distance
U N.0.0.:;o.'18"w' Jo.Oo.'
L2 S.e9"2g'42"w' 63.64'
L3 5.0.0.'JO'18"[, J5.J3'
PREPARED BY:
8CAIIINCS Nfl: IJA.SCD ON N.OIIIH
=:&~::J~fk'=:rc
SI'SIfI/ I(;R((J) FOIl flO//lDA lAsr ZONt.
LEGEND:
I.""" '. I Vb~;'NfASfMENT
1,"- ,/ ,/ / / ,// ;1 PROPDSED
./ ,/ / ,/ / ,/ ',/ R.D. W. EASEMeNT
R.O. W. - RIGHT OF WA)"
P.D.B. : PDINT OF BEGINNING
P.O.C. .. PDINT or CDMMENCfMfNT
PROJECT NO.: 62081 PARCEL NO. : 179
WilsIJnMillei~-~""-
"
I'Iomon . ~ . Eo%gIm , SIne,... . L_II>> AtTNoctr . ~Iion ~
WUlon.\tier; Inc.
"'''"-''-'_.1_
=_Ln."'lOD.,.,.__._ _."'_._ ...__
CLIENT:
D.:," :C. 2~:~~ .. (,~: ~;l;'~'. <;!l..l'U:',':\,>tmV<c;:n:'o",:.'h "i ~."o';:>'''';'''.~o''''';\l''C\:,,:';::'C5'':'~<.C''1
COLLIER COUNTY TRANSPORTA TION,
ENGINEERING k CONSTRUCnON MANAGEMENT DIVISION
TITLE: SKETCH AND DESCRIPnON
80NG PART OF THE EAST 255' OF TRACT 1/5.
COLDEN GATE e:STATES UNIT oJoJ, PLAT BOOK 7, PACe: 60,
COLLle:R COUNTY, FLORIDA
PROJECT NO.: s,.,~tT NUMBCR: rfL.( NO..:
N5022-002-010- TOHWP 179 or XXX 2CC-20J
DATE:
04/2002
JJO.OO' (PLA T)
~~tgmN.1 C
~ March 28, 2 6
~_ ~1 f115
o 2~ ~ 100 200
GRAPHIC SCALE
EAST LINE OF SfCTION 17
12
10, 1
11.1
17
GOLDEN GA TE ESTA TE:S UNIT 34,
PLA T BOOK 7, PAGES 23
SOUTH 780'
~
:...
..::!
~
,..
..::!
EXISTING 50' EASEMENT
FOR R. O. W. PURPOSES
(PER PLA T)
EXISTING 50' EASEMENT
FOR ~ O. W. PURPOSES
(PER PLA T)
~ ~
g ~
~ ~
~ ti3
U5 ~
~ ~
12.1
PROPOSED
R. O. W. EASEMEN T
211 22. 1 22
LEGAL DESCRIPTTON
ALL THA T PART OF TRACT 11, GOLDEN GA TE: ESTA TE5 UNIT 34, PLA T BOOK 7, PAGE 23. COLLIER COUNTY,
FLORIDA, AND B[/NG MORE PARnCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE SOUTHEAST CORNER OF SAID TRACT 11;
THENCE SOUTH 8979'42" WEST 50.00 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 02'36'19" ~ST /80.12 FEET,'
THENCf NORTH 8979'42" EAST 6.71 FEET;
THENCE SOUTH 0078'1r EAST 180.00 FEU TO THE POINT OF BEGINNING.
CONTAINING 604 SQUARE FEU MORE OR LESS,
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD,
EXHIBIT A
P898~ of1Q1
REVISED 5/6/04 KLR/502
*** NOT A SURVEY .**
R, P OFf Ilk' SURVEYOR & MAPPER
FLORIDA ~EGlSTRA : L~ /562.7
NDT VALID UNLE$'siStGf.tEO BY'THf: SURVEYOR AND
SEALf:O 'MTHTHE 'SURVEYO/tS EMBPSSED SEAL.
CERFlFfCA T[ OF AUTHDR/ZA nON I LB-4J
tJ{NIJNGS ARr s.utD ON NORTH
AJEI/oCAN 0."" "'A.D) IMJ-II"
AD.AJSMNT swr I'tNft """"""Ir
Srsrcll (GRJOJ rtJT1 /'LQIl(U lAS' ZONt.
LEGEND:
~'" "" "" '" "" """'l f{b~~NlASEMENT
~ PRDPOSEO
R.D.W. EASEMENT
R, O. W. .. RIGHT OF WA Y
PROJECT NO., 620B7 .....CEl. No. I 198
WilsOnMilleiM'~w--
"
_.Et'{It-.'EooIag/IIJ,~.~_.~IIon~
WIIoMaor, tlc.
,.,.,.F1rl......_._'r"""
=llIIlyl.olo&.loIOO."",__,__,,,,_,___
. 05. 2004 - 10: 07: 09 KRIMESlx: \SUR\N6022\Sketch Of Descriplioos\Submilled\2gg203s196.dwg
CLlt~, COWER COUNTY TRANSPORTA TION,
ENGINEERING 4& CONSTRUCTION MANAGEMENT DIVISION
TIllE: SKETCH AND DESCRIPTION
BeiNG PART OF" THe SOUTH 180' OF TRACT II,
GOLDEN GATE: ESTATE:S UNIT .34, PLAT BOOK 7, PAGE 2,J,
COLLIE/? COUNTY, FLORIDA
OrATE: PROJECT 0.: SHEn U 8ERi Lt 0.1
04/2002 N6022-002-010- TDHI'iP 196 OF xxx 2GG-203
JJO.o.O' (PLA r)
~ ~~~~~2~,'21 ~
~ f115
1- ~
o 2& 110.00 200
GRAPHIC SCALE
EAST LINE OF 'ECTION /7
12
10.7
77. 1
11
GOLDEN GA TE ESTA TES UNIT 34,
PLA T BOOK 7, PAGES 23
8l SOUTH 780'
!:>
8. OF TRACT 17
~
:..
"~CEL.~
NORTH 750' ~
F TRACT 17 8.
~
:..
..::!
23.1 22.7 22
LEGAL DESCRIPTTON.
ALL THAT PART OF TRACT 11, GOLDEN CA TE ESTA TES UNIT 34, PLA T BOOK 7. PAGE 23, COLLIER
COUNTY, FLORIDA. B[!NG MORE PARTlCULARL Y DESCRIBfD AS FOLLOWS;
COMMENCING A T THE NORTHEAST CORNER OF SAID TRACT 11;
THENCE SOUTH 89'29'42" WEST 50.00 FEET TO THE POINT OF BECINNlNG;
THENCE SOUTH 00'28'/7# EAST 150.00 FErT,'
THeNCE SOUTH 89'29'42" WEST 6.71 FEfT.'
THfNCE NORTH 02'36'19" ~ST 150./0 FEET,'
THfNCf NORTH 89'29'42" EAST 12.30 FEU TO THE POINT OF BEGINNING.
EXISTING 50' EASEMENT
FOR ~ O. W. PURPOSES
(PER PLA T)
EXISTING 50' EASEMENT
FOR R. O. W. PURPOSES
(PER PLA T)
.....
~ ~
~ ~
~ ~
~ ~
ti5 ~
'-3 ~
72.'
PROPOSE/) PERPrnJAL.
NON-EXC/.U9'tF ROAD
R.aw.. DRAINAGE. AND
U71UTY EASEJlENT
',431 SfJUARE FEET'
p.as.
PROPOSED
R.o. W. EASEMENT
CONTAINING 1,427 SQUARE FEET MORE OR LESS.
SUBJfCT TO EASEMENTS & RESTRICTIONS OF RECORD.
REVISED 5/6/04 KLR/502
EXHIBIT A
Page..2:L ofJQ1.
...N,OT .A '~U1J:VEY ...
". iNt,
I) .
LANe f' . R,. P Off, ~l SURVEYOR .t MAPPER
FLORIDA REGiS,TRA,. L~ ~5p~7
I ,.,1' " '\., '.0
NDT vALto.'uNtrss'sicNEDBY .THE SURVEYOR AND
SEALED 'MtH ,THtJSURIf,YOR'S ,fM8DSSfD SEAL.
CfRFIFICA T[ OF AUTHDIfIZA nON I LB-,O
BtAT/rI/CS ARt lIASI'D ON .""IH
~::,f'~r~1C
S~IDI I_I Tal 11_' CASr ZOIIE.
LEGEND:
'" '>"" "" "" "" "" "l f{b~~N~ASEM[N T
~ PRDPOSEO
R. O. W. EASfMEN T
R. O. W. .. RIGHT OF WA Y
PROJECT ~O.: 62OB7 p....eEL NO. 1 197
Wil.Miller-'~~-
-. ,~ . Ecoqjoll . __ . ~An:NIoeIt . ~""CMoit_
WIiIc:>I'ioIW. i1c.
....Fo;lIiWt,_..._,r_
.IIllllllollrLw.lIiom.,.,..__._ _'Fu_._ ___
CLIENT: COLlJER COUNTY 7RANSPORTA 7JON,
E:NGlNEERlNG I: CONSTRUC7JON MANAGEJlE:HT DI...,S/ON
TITL~: SKETCH AND DESCRIP770N
BeiNG PART OF THE NORTH ISO' OF TRACT 17,
GOLDEN GA Te ESTA TES UNIT J4, PLA T eOOK 7. PAGE 2:5.
COLLIER COUNTY. FLORIDA
PATE: PROJ CT NOoJ SH NUWSEpt 'll.1; NO.:
04/2002 N6022-002-010-TDHWP 197 OF xxx 2GG-203
May 06. 2004 - 10: 10: 00 KRIME:S!X, \SUR\N6022\Skotch Of Oo.crlptions\Subm;Uod\2gg20J"97.dwg
71
~ ~ltp.mN.1 C
~ J - March 28 2 6
~~ ~3 f 15
o 2~ &0'00 200
GRAPHIC SCALE
10.1
11.1
12. 7
LOGAN
EXISTING 50' EASEMENT
FOR R. O. W. PURPOSES
(PER PLA T)
EXISTING 50' EASEMENT
FOR R. O. W. PURPOSES
(PER PLA T)
PARCel NO.
p.as.
PERPrnJAL.
'ON-EXCLU9'tF ROAD
O. w.. DRAINAGE. AND
UT/U7Y CASBlENT ~
104 SiQUARE FEET ~
:g,
22 ~
..::!
NORTH 150'
OF TRACT 22
PROPOSED
R. O. W. EASEMENT
...:
23.1
Ol
~
~.
~ 22.1
..::!
SOUTH 180'
OF TRACT 22
21
Ig ~ I
I~ ~ I
~ ~
~l~
I
GOLDEN GA TE ESTA TES UNIT 34,
PLA T BOOK 7. PAGES 23
JJO. 0.0.' (PLA T)
LEGAL DESCRIPTTON
ALL THA T PART OF TRACT 22, GOLDEN GA TE [STA TES UNIT 34, PLA T BOOK 7. PACf 23, COLLIER COUNTY,
FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE SOUTHWEST CORNER OF SAID TRACT 22;
THENCE ALONG THE SOUTH LINE OF SAID TRACT 22 NORTH 89'29'42" EAST 50.00 FEET TO THE POINT OF
BEGINNING;
THENCE NORTH 00'28'17" WEST 180.00 FEET,'
THENCE NORTH 89'29'42" EAST 6.7/ nET;
THENCE SOUTH 01"39'47" ~ST /80.13 FEU TO THE POINT OF BECINNING.
CON TAINING 604 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
REVISED 5/6/04 KLR/502
EXHIBIT A
Page..12.. of]][]
... NorA SURVEY ...
j'I,.
LANe T 'R, P o.Ff AL. SURVEyo.R &: MAPPER
FLORID~ RE?f~TR~., . . L: #5627
NOT VALID UNLtSS SIGNED BY THE SURYrYOR AND
SEALED WITH THE SURVEYOR'S EMBOSSED SEAL.
CCRFIFICA TE OF AUTHORIZ~ nDN I LB-4J
LEGEND:
",-"" "" "" ""'" "'" "l ~~b~~N~ASEMENT
~ PROPOSED
R.O. W. EASEMENT
R.O. W. = RIGHT or WA Y
BEARINGS AJItC BA$lll (It Na/7H
AMCR/CAN D4nM (N.A.D) '~-"fC
ADJJSTlltl/7 ./Alr fUN{ CtJO/IDINAIt
SYS7EI/ IIJIIf)) TOIl nGWllA lAS' zrN:
PROJECT NO.: 62081 PARCEL NO. , 198
Wil.MiIIBrM'~"-
-, ~. Ecc/cQIfCI 'lUl>o)'Ol'J' L-.".ArcHl<<:II' TfIIlIpOrl.IIonCMocilw
WIson.\IIIor, Inc.
_'Fm......._,_.T_
.IIIIlBolorL-.....IDC.___.___.Ftz_.____
CLIENT, COLUER COUNTY TRANSPORTA TlON,
ENGINEERING It CONSTRUCTlON MANAGEMENT D/Y7S1ON
TITLE, SKETCH AND D~CRlPTlON
BolNG PART OF THF: SOUTH lBO' OF' TRACT 22.
GOLDEN GA TE: E:STA TE:S UNIT .34. PLA T BOOK 7, PAG. 23.
COWE:R COUNTY, FLORIDA
DATE; II"OJECT NO,l SHeET NU'-'BER; fll.t NO.;
04/2002 N5022-002-0tO- TOHWP 198 or xxx 2GG-20J
May". 2004 - OB: 35: 43 lMllLER!X: \SUR\N6022\Skel:h Of Descripllon,\5ubmltted\2gg203s19B.dwQ
10.1
71.1
11
~.. ~lt~mN 1 C
Lr.t --1'- - . . -March 28, 2 6
~ f115
r_ ~
o 25 &0 100 %00
GRAF'HIC SCALE
72.7
1~'1
PO.c.
NW CORNER TRACT 22
EXISTING 50' EASEMENT
FOR R. O. W. PURPOSES
(PER PLA T)
EXISTING 50' EASfMENT
FOR R; O. W. PURPOSES
(PER PLA T)
PROPOSED PERPrnJAL.
NON-EXa1JSlVE ROAD
R.a. w.. DRAINAGE. AND
&l U77U7Y EASEJlENT
r;::, '..us stJUARE FEET
~
PROPOSED
R,O.W. EASEMENT
23.1
~
:lo.
..::!
22.1
SOUTH 780'
OF TRACT 22
22
~
~
~
:lo.
..::!
27
Ig ~ I
I~ ~ j
~ ~
""3 ~
NORTH 750'
OF TRACT 22
GOLDEN GA TE ESTA TES UNIT 34,
PLA T BOOK 7. PAGES 23
330.00.' (PLA T)
lEPAL DESCRIPTTON
ALL THA T PART OF TRACT 22, GOLDEN GA TE fSTA TES UNIT 34, PLA T BOOK 7, PAGE 23, COLLIER COUNTY,
FLORIDA, BEING MORE PARnCULALRY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 22;
THENCE ALONG SAID NORTH LINE NORTH 89'29'42" EAST 50.00 FEET TO THE POINT OF BfGINNING;
THENCE CONnNUf NORTH 89'29'42" EAST 12.30 FEET,'
THENCE SOUTH 01'J9'4r ~ST /50.11 FfET,'
THENCE SOUTH 89'29'42" ~ST 6.71 FEET,'
THENCE NORTH 00'28'lr WEST 150.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,426 SOUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
REVISED 5/6/04 KLR/502
EXHIBIT A
Page~of 107
... NtiT :A$lJRYEY ...
LANCT, '/?, P o.Ff 'AI! SURVEYOR cIc MAPPER
FLORIDA R(~'STR.A ,. .LS(:/627
NOT VALID lJNi.ESS:SIGNfD'EY'THE SURVEYOR AND
SEALED 'MTH THE SURVE:YOR'S,EM80SSfD SlAL.
CERrlFlCA T[ o.r AUTHDiNIAnON1LB-4J
BC-.s A1It ".Ill> 01( NDl/IH
~~::.r..:fk'~IE
S~/DI 1_1'0/1 nOllJDA CAST ZONe.
LEGEND:
~\. "" "" '" "" "" "1 ~~~N~ASEMENT
~ PROPOSED
R.O. W. EASEMENT
R. O. W. = RIGHT OF WA Y
PROJECT NO.. 62081, p....eEL NO. : 199
Wils;nMiller-'~UN-
!'I.mon . ~ . ~ . __. ~Arc:hIocIII . """"""""'CorOIifri
WiI<lnMiIer, me.
HI1*r.1bj~'_'_'T_
all""'La, ....,.,.. -_._ _. Fa HI-UH7lI.1lIHIo __
Cl.ItNT: COUJER COUNTY TRANSPORT}, 17ON.
ENGINEERING eft CONSTRUC17ON I.IAN},GEl.fENT OMS/ON
mlt: SKETCH AND DtSCRIP170N
f3DNG PART OF THE NORTH 150' OF TRACT 22,
GOLDEN GA Tf ESTA TfS UNIT J4, PLA T BOOK 7. PAGE 2J,
COLLfER COUNTY, FLORIDA
DATE:" ""WECT NO.: SHE T Nuwe Itt lI.E "lCM
04/2002 N6022-002-0/0- TDHWP 199 or XXX 2GG-203
,,"oy 10. 2004 - 09; 52; 47 LMILLERlx: \SUR\N6022\Skelch Of Oe.CliPlion.\Submitted\2gg203SI99.dwg
I
I
PROPOSfD PERPETUAL. I
NON-EXCLUSIVE: ROAD
R.O. w., DRAINAGE. AND .;'"
unLlTY EASEMENT O",~'l.~
4,25J SOUAR( fTfT ~, AO.&
NOO78'/7'W 245.67'
JJo. 00' (PLA T)
EAST LINE OF SECnON 11
. WEST 315'
OF TRACT 12
12
71
(XISTlNG 60' eASEMeNT
FOR R.O,W, PURPOSES PCR PLAT
~
8.
~
:...
..::!
12.1
EAST 365'
OF TRACT 12
PARCEL NO. :J 60
~
~
..: r::; N0.2'J6'/9'W
"l. ~ 18.90.'
~.
P.O.B.
P.O.c.
5.[, CORN(R
OF TRACT /2
~_~ltemN.1 C
.t:l..t 01 ch 2 , 2 06
Page 85 of 15
~- I I
o ~ DO toa 200
CRAPHIC SCALE
GOLDEN GA Tf ESTA TES UNIT 34,
PLA T BOOK 7. PAGES 23
13
PROPOSED
R.O.W. EASEMENT
EXISTING 50' EASEMENT
FOR R.o. W. PURPOSES
(PER PLA T)
EXISTING 50' EASEMENT
FOR ~ O. W. PURPOSES
(PER PLA T)
22 21 20,1
LEGAL DESCRIP nON
ALL THAT PART OF THE EAST 365 FEET OF TRACT 12, GOLDEN GAT[ ESTATES UNIT 34, PLAT BOOK 1, PAGE
23, COLLIER COUNTY, FLORIDA, AND B[!NG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE SOUTHEAST CORNER OF SAID TRACT 12;
THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 89'29'42" ~ST 50.00 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 89'29'42" WEST 12.30 FEET;
THENCE LEAVlNG SAID SOUTH TRACT LINE NORTH 02'36'19" WEST /8.90 FEET,'
THENCE NORTH 00'28'17" WEST 245.67 FEET;
THENCE NORTH 3075'25" ~ST 40.83 FEET;
THENCE NORTH 89'29'42" EAST 33,28 FEET;
THENCf SOUTH 00'28'17" EAST 300.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 4,253 SQUARE FEET MORE OR LESS.
SUBJfCT TO EASEMENTS 4( RESTRICTIONS OF RECORD.
REVlSfD 5-6-04 KLR/502
REVOSED 06-01-04
. *** NOT A SURVEY ***
.A,~,'EP.,/1"'" .. "LS'",y'..~.~", 'fN,C.
~~/I,~
ANDREW B. BECK, PROFESSION"" SV1I" }l7R .t MAPP(R
. -FLORIDA' ReGIS TRA TlON. LS16065
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEAL(D YrfTH THE 'SURVEYOR's (MBOSSED SEAL.
CCRFtFtCAT[ Of' AUTHORIZATION I LB-4J
E_<<_",,_IH
~ /l</IW (/I.JJI) /1IIJ-/1fO
AIJAJSfIID</ pArr 'lMI[ -..rr
SJ'SIDI {allDI ffJIIll_ CASr .IDOlr.
PROJECT NO., 62081 P....CEL NO. , 200
Wil.Millei.-~~-
-. ,~. ~ . ~ . Le1dIclp~ 'lIIIIlpcrfdon c:a.-
~,hc.
....,.,1/1III._,_.1..,.
-....,L.,.MtIllJ.......__.__.,.._.__
CUENT:
EXHIBIT A
Page '11 o'fI.Q!j
LEGEND:
~ '" "" '" '" '" '" ~ 7t'r1:NlASEMENT
~ PROPDSED
R.O, If. EASEM(NT
R.O.W. .. RIGHT or WAY
P.D.B. 2 POINT or BEGiNNING
P.OC. .. POINT or COMMENCeMENT
COLLI(R COUNTY TRANSPORTA TlON,
ENGINE(RING de CONSTRUCTION MANAGEMENT DIVISION
TITLt, SKETCH AND DESCRIPTiON
80NC PART OF THe f:AST 365' OF TRACT 12,
COLOeN CATe eSTATF:S VNIT 34, PLAT 800K 7, PACe 2J,
COLLieR COVNTY, FLORIDA
PROJECT NO.: srlEET NUIwIBER: FlU; 1010.:
N6022-002-0/0-TDHv.P 200 or xxx 2GG-203
Jun 01, 2004 - 13:25: \0 KRlIlESlX:\SUR\N8022\Ske,ch 01 0..",lptlon.\SubmIUod\2gg203s200.d1f9
Mlt:
04/2002
11
12.1
13
~-~ltQmN.1 C
~ March 28, 2 6
~f15
o 2~ lID 100 200
GRAPHIC SCALE
P.O.B.
~~ 18.82'
~1s. SOI'J9'4rW
~
~
NO. ;)01
~
:..
~~
....
C)
~
~I
~
~ ~ 1
8, ~
~k
~ EXISTING 60.' EASEMENT
~ FOR R. O. W. PURPOSES PER PLA T
PROPOSED
R.o. W. EASEMENT
&l
>:i
~
:tr
s;:
..::!
PROPOSED PERPETUAl., I
NON-EXCLUSIVE ROAD
R. O. w., DRAINAGE. AND
UTlUTY EASEMENT
4,24J S(J(jARC FEET
21
WEST 340'
OF TRACT 21
20.1
22
27.7
EAST 340'
OF TRACT 21
J:1O.o.o.' (PLA T)
GOLDEN GA Tf ESTA TES UNIT 34,
PLA T BOOK 7, PAGES 23
LEGAL DESCRIPTION
ALL THA T PART OF THE ~ST 340 FEET OF TRACT 21, GOLDEN GA TE: ESTA TES UNIT 34, PLA T BOOK 7, PACE
23. COLLIER COUNTY, FLORIDA, AND BEING MORE PARnCULARL Y DESCRIBED AS FOLLOWS:
SUBJfCT TO EASEMENTS & RESTRICTIONS OF RECORD.
COMMfNCING A T THE SOUTH~ST CORNER OF SAID TRACT 27:
THENCE ALONG THE SOUTH LINE OF SAID TRACT NORTH 89'29'42" EAST 50.00 FEET TO THE POINT OF
BEGINNING:
THENCE LEAVING SAID SOUTH TRACT LINE NORTH 00'28'17" ~ST 300.00 FEET;
THENCE NORTH 89'29'44" EAST 32.82 FEET,'
THENCE SOUTH 28'52'24" WEST 40.44 FEET,' I
THENCE SOUTH 00'28'77" fAST 245.95 FEET.' J
THENCE SOUTH 01'39'47" ~ST 18.82 FEET TO THE SOUTH LINE OF SAID TRACT,'
:~N:N:G~~2:;'::U:; :;:C~~;E ;:E:5.89'29'42" "'-5' 12.30 FEET TO THE PT' OF BEGINNING.
I
EXHIBIT .L
Pall8,2L off
I
LEGEN~~
... NOTA SURVEY...
REVISED 5/6/04 KLR/502
"R, P OFf. ,:.4L, SURVf~ &: MAPPER
FLoRIDA RtGISTRA ,LS 15627
I, ." ,," .
Nor VALtDUNLl:SS ..sIGNED BY THE SURVEYOR AND
SEALED 'MTH 'THE: SURVEYOR'S EMBOSSED SEAL.
CERFlrlCA 1'[ Of' AUTHDRIZA TION I LB-4J
EXISTING
R. O. W. EASEMENT
PROPOSED
R.O.W. EASEMeNT
R.O.W. '" 1GHT Of' WAY
P. 0.8. '" OINT or BEGINNING
P.D.C .. I OINT DF CDMMfNCEMfNr
/lCARrNGS ARt IIA.Il'Il tIN HOI/rH
- DAIlM (ll.A.fJ1 'NJ-'1fD
AlMJSlIIlIir sTAIr I'lANC CllOlIlIiYA It
S>SPlI1 I_I "'" TlOllJDA rAsr ZONe.
PROJECT ~O., 62081 PAltCU ~O. I 201 CUENT, COLUER COUNTY TRANSPORTA 77ON,
~l.MI~ -........- ENGINEERING dt CONSTRUC770N MANAGEMENT O/VlSION
r. ,. ~, "!LE, SKETCH AND DESCRIP770N
.J .J U'j 8DNG PART OF THf II-!'ST J40' Or TRACT 21,
,......, ~ ~ ......,..... I..wdrcopo~ ~lIon~ GOLDfN CArr eSTATeS UNIT 34, PLAT 800K 7, PACf 2J,
' . '~.he:; . COLL/fR COIJNTY, FLOR/DA
... .,..,..,.., .....'........,. D'.T : PRC/r.J 0.: $tit aE F 0,.;
1IlJ...,lft,...,~__.__.....IHH>II.___ 04/'2002 N6022-002-010-TDHWP 201 OF xxx 2GG-20J
~oy 06, 2004 - 10: 02: 00 KRIMESlx: \SUR\N6022\Sketch Of OeSCrip\iO",\5ubmilled\2gg203s201,dwg
JJo..OO' (PLA T)
~-~ltomN.1 C
~ March 28 2 6
'.- I - ~17 f 15
o 2~ 50 100 200
GRAPHIC SCALE
12
[AST LINE OF SECTION 17
tGOLDEN GA T[ ESTA TE:S UNIT 34,
"' PLA T BOOK 7, PAGES 23
C)
~
:::r: EXISTING 60.' EASEMENT
FOR R. O. II: PURPOseS PER PLA T
:....
~
~
Il>~
~
~~
~c:::
~~
~
CIS
"-3
13
&:
p
&
14
12.1
PARca NO. ;;. c>;l
~
:...
~
EXISTING 50.' EASEMENT
FOR ~ O. W. PURPOSES
I PER PLA T)
EXISTING 50.' EASEMENT
FOR ~ O. W. PURPOSES
(PER PLA T)
PROPOSED PERPETUAL.
NON-EXaUSI~ ROAD
R.O.W., DRAINAGE. AND
UT1U7Y EASEMENT
4.214 SQUNIE FEET
NOo.'28"7"W 255.45'
PROPOSED
R.O. W. EASEMENT
LOGAN
21 20.' 19
LEGAL DESCRIPT10N
ALL THA T PART OF TRACT 13, GOLDEN GA TE [STA T[S UNIT 34, PLA T BOOK 7. PACE 23, COLLIER COUNTY,
FLORIDA. AND BEING MORE PARnCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE NORTHEAST CORNER OF SAID TRACT 13;
THENCE ALONG THE NORTH LINE OF SAID TRACT SOUTH 89"29'42" WEST 50.00 FEU TO THE POINT OF
BEGINNING;
THENCE LEA VlNG SAID NORTH TRACT LINE SOUTH 00"28'17" EAST 300.00 FEU;
THENCE SOUTH 89"29'43" WEST 31.20 FEU;
THENCE NORTH 27'17'48" EAST 39.05 FEET,'
THENCE NORTH 00"28'17" ~ST 265.45 FEET.'
THENCE ALONG THf NORTH LINE OF SAID TRACT NORTH 89"29'42" EAST 13.00 FEU TO THE POINT OF
BEGINNING.
CONTAINING 4,214 SOUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
REVISED 5-10-'04 LTM
EXHIBIT A
r~ag9..:rL ofJj) '7
... NOT. A. SURVEY...
PREPARED' BY;
','
I?,. P OFf AL SURVEYOR ct MAPPER
FLDRIDA REGIS7RA tS.js6;7
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED 'MTH THE SURVEYORS EMBOSSED SEAL.
CERFIFfCA T[ or AU THORIZA nON I LS-4J
St-.s ARt /lAStD ON I/OI/IH
AI/CI/ICAN /l</1.llI (N.A.D) lfl}-'",
AD.AJ$DlCNT STAIC /If.AJE CDiYIDINATr
SlSJrII (at/ID) "'" TlORflA CAST ZONt.
LEGEND:
"''''' "" "" "" "" "" ~ f{bS~N~ASEMENT
~ PROPOSED
. R.D.W. EASEMENT
R. O. W. '" RIGHT OF WA Y
P.O.B. '" POINT DF BEGINNING
P.O.C. '" POINT DF COMMENCEMENT
PROJEer NO.: 62081 PARCEL NO. : 202
Wil.Mille"~-~~-
- . !l'Qi-. , ~ . ~ ' L-.,.. ~ . l'rwporl.""" C<<wUIItl/f
WilOn\&r, Inc.
IiI/*J,FortI/rn'''''''._.T_
ZIlI,.,ln.....llll,___,__.,.,~.___
CLltNT; COLLJER COUNTY TRANSPORTA nON,
ENGINEERING Ie CONSTRucnON MANAGEMENT DIVISION
TlTL.<: SKO'CH AND D~pnON
BeING PART OF TRACT TJ,
GOLDEN GA Te ESTA TE:S UNIT J4, PLA T BOOK 7, PAGE 23,
COLLIER COUNTY. FLORIOA
DATE;
04/2002
PROJeCT "'0.:
N6022-002-010- TOHWP
May 10. 2004 - 10:00:02 lMlllERlx, \SUR\N6022\Skel,r 01 Desoriptions\Submitted\2gg203s202dwg
N ~~
lOt: r ~oo.'28'17'f '88.J6' S('lD.Sa6~
. g'i'01- 'Ol,S "" ".17'00"11'
, '00. 26.66
:;.L \. PROPOSED PERPrnJAl., SOo.'2~'
I NON-EXCLUSIVE: ROAD
R. 0, W" DRAINAGE, AND
UllUTY EASBlENT
-1 ::-::: ~ 4.648 SQUARE FEET
~ fXISTlNG 60' fASfUENT
~ ~ rOR R.O. If. PURPOSfS PER PLA T
jgsj, 20.1
~ ~ WEST 340'
~ OF TRACT 20
EAST 340'
OF TRACT 20
JJo..Oo.' (PLAT)
72.1
13
fXfSTlNG so' EASfMfNT
FOR ~O. W. PURPOSES
(PER PLAT)
[J(fSTlNG 50.' EASEUENT
FOR ~ O. W. PURPOSES
(PER PLA T) .
PROPOSED
R.O. W. EASEMENT
21
21. ,
20
~-~lkmN.1 C
~ March 28 2 6
~ I T f 15
o 2~ 110 100 200
GRAPHIC SCALE
NO. ;J 63
COL EN CA TE ESTA TES UNIT 34,
LA T BOOK 1. PACES 23
~
~
79
~
:...
..::!
LEGAL DESCRIPTTON
ALL THA T PART OF THE WEST 340 FEU OF TRACT 20, GOLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7. PAGE
23, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMfNCING AT THE NORTH~ST CORNER OF SAID TRACT 20;
THENCE ALONC THE NORTH LINE OF SAID TRACT NORTH 89'29'42" EAST 50.00 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID NORTH TRACT LINE NORTH 89'29'42" EAST 21.00 FEET,'
THENCE LfA VlNG SAID NORTH TRACT LINE SOUTH 00'28'11" EAST 25.55 FEET,'
THENCE SOUTH 08"37'08" WEST 50.64 FEET,'
THENCE SOUTH 00"28'11" EAST 188.35 FEET;
THENCE SOUTH 29V9'17" EAST 39.86 FEET,'
THENCE SOUTH 89"29'42" WEST 32,13 FEET,'
THENCf NORTH 00"28'17" ~ST 300.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 4,548 SQUARE FEET MORf OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
REVISED 5/6/04 KLR/502
... . NOT>. A 'SlIRVEY ...
R, P OFE AL SURVEYOR &: MAPPER
FLDRIDA RtGtSTRALS./S5.21
NOT VALID UNLfSS SIGNfD BY THf SURVEYOR AND
SfALfD WITH TH[ SURVrYOR'S fMBOSSfD SEAL.
CERFlFlCA T[ OF AU'THORIZA TlON I L8-4J
PROJECT ~., 62081 ."'CEI. NO. , 203
Wils.Mille'.'~~-
,......, avr-.. Eol/o;IofI,~ .~~ '~Ion~
~no.
lirIlIII. Fa1lo1ft._, _.r"",
1II>>"'~NlIJD''''__,,,,,,, _./"tIIH4H/I._--....
IlCARIIItIS ARC /IAn .., NC/IIII
_ DATUI/ 1//.40) ,...,....,.
AlMJS1I/DI' sTAIr "'101/{ -"11"
Sl'SIEII I_I fC1t 1t0lll'JA CAS' ztI1It.
CLI[NT~
May 06, 2004 - 10: 44: JJ KRIMESlx: \SUR\N6022\Sketch Of Oe,criplian,\Submitted\2gg20J$20J.dwg
EXHIBIT A
Page..1CL of.J.Q.1
LEGEND:
~ '" "" "-,,,,, ""\ \l ~~//:N~AS[MENT
~ PROPOSCD
R.O.W. EASEMENT
R. O. W. - RIGHT or WA Y
P,D.B. - POINT OF BEGINNING
P.D.C. - POINT OF COUMENCEMENT
JJo.. 00' (PLA T)
GOLDEN CA TE: [ TA rES UNIT 34,
P~A T BOOK ,PACES 23
Ol
~
8,
14
13
~
:l>
..::!
TRACT 14
LESS THE
PINE RIDGE ROAD
R,O.W.
NO. b2 D~
,,'S SQIW/f' FEET
PROPOSED PERPETUAL.
NON-EXalJ9'tF ROAD
R.aw., DRAINAGE. AND
UTlUTY EASEMENT
S89~"4J"W 2.J6'
So.o.'28'17"E /01.80.'
~
"-l
\0 '"
....' i:>
"-'g
~-
O<<STlNG 50' EASEMENT
FOR ~ 0. If. PURPOSfS
(PfR Pt.A T)
[XISTlNG 50' fASf:MfNT
FOR ~ 0.. W. PURPOSf:S
,?fR PLA T)
10.0.0.'
N. 00'24 '16'W.
~~
i3~~
~~~~
~"<~'lI
~ ;l2~~~
i:8 ~("j i'l:l
(;i ....::(~
....' ;II!
....
1'l
",;;e 14,1
~%
~ ~
. ...'
.... ~
r-! ~
... ~ :l>
;:;; ~
g. ..,
t;i:;..,
I ~~
~~
~
:;..,
~
t:::::I
~~emN 1 C
~ arch 28, 2 6
~ f115
l"l-
o 21!lO '00 200
GRAPHIC SCALE
75
LOGAN BOULEVARD
LEGAL DESCRIPTTON
ALL THAT PART OF TRACT 14, GOLDEN GArt [STArtS UNIT .14. PLAT BOOK 7, PAGf 2.1, COWeR Co.UNTY,
nORIDA, AND BEING MORE PARnCULARL Y DESCRIBtD AS FOLLOWS;
COMMENCING AT THE So.UTHEAST CORNER OF SAID TRACT 14;
THENC[ ALo.NG THE SOUTH LINE OF SAID TRACT SOUTH 89'29'42" Itf'ST 50..00 FErr;
THENC[ LEA VlNG SAID SOUTH LlNf NORTH 00'28'17" Itf'ST 10.1.80 FErr ALONG THC
Itf'ST LlNf OF AN EXISnNG EASEMENT FOR RIGHT OF WAY PURPo.SES TO. THE POINT OF BCGINNlNG:
THENCE LEAVING SAID Itf'ST LINE saUTH 89"3I'4J' Itf'ST 2..16 Fcrr;
THENCE 52.72 FEET ALONG THE ARC OF A NON-TANGE:NnAL CIRCULAR CURVE CONCAVE wrST HAVING A RADIUS OF 766.00
FErr THROUGH A CENTRAL ANGLE OF 18'11'42" AND BEING SUBTfNDEO BY A CHORD WHICH BEARS NORTH 0.9"3D'o.J' Itf'ST
52.49 FfeT TO. A POINT aF COMPOUND CURVE;
THfNCE 4J.0.4 FEET ALONG THE ARC DF A CIRCULAR CURVE CDNCAVE SOUTHItrST HAVING A RADIUS or 46.0.0. FEET
THROUGH CENTRAL ANGLC OF 5J'36'41" AND BEING SUBTfNDfD BY A CHDRD WHICH BEARS NORTH 4574'14" ItrST 41.49
FfET TO. A POINT OF COMPOUND CURVE;
THENCf 52.25 FEU ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTH HAVING A RADIUS OF 166.00 Ffrr THROUGH
CENTRAL ANGLE: OF 18'02'00" AND BEING SUBTfNDfD BY A CHORD WHICH BEARS NORTH 87'13'J5. IIfsr 52.DJ FEU TO. THf
SOU TH RIGH T OF WA Y LINE o.F PINE RIDGE: ROAD;
THENCE ALONG SAID SOUTH RIGHT OF WAY LINE NORTH 89"35'44" fAST 58.86 Ffer.-
THfNCE LfAVlNG SAID SOUTH RIGHT OF WAY LlN[ SOUTH 67'12'21" EAST .15.27 FErr..
THENCf ALONG THC AFORf/JfNnONfD Itf'ST LlNC OF AN EXISTING CASE/JCNT FOR RIGHT OF WAY PURPo.SCS SOUTH 00'28'17"
EAST 15.58 FEET TO. TH[ POiNT OF BEGINNING.
CONTAINING 1,/1.1 SOUARE Ffer, MORC OR LESS.
SUBJfCT TO. fASEMfNTS AND RCSTRICTlONS OF RfCORD.
...NOT A SURVEY ...
PREPARED,BY; WfLSONMILLER, INC.
RVE'tOR .t MAPPER
PAMer ..,0.:
62081
PAACEL NO. :
204
Wils.MilleiM~~-
- . 6'flhHn . f'coIogOIo . ar.o,.n , lancIooopo __ . ~ CmdaIIfI
1+IoonWlI'eI', re.
"""f"<fflojwt'_'_.T_
=...,."'-Ut1:ll'.....__._ H/*-.FIl_.__....
EXHIBIT A
Page,SL of-LQ2
CURVE TABLE
CURl'[ RADIUS LENGTH DELTA CHORD SEARING CHORD
CI 166.0.0.' 52.72' 18'11'42" N0.9'J0.'aJ"W 52.49'
C2 46.0.0.' 4J. 0.4' 5J'.36 '41' N4s'24'14'W 41.49'
CJ 166.0.0' 52.25' 18"02'00. N81'1J'Js.w 52.o.J'
tlCARIItGS ARf BASED ON NC/II'H
AJIC/fJCAN DA.r!Ai (N.A.D) ,tV-I,1O
A/MISDlt:NT srA rr 1tANC COCR/JIHArr
smnr I_I FrRI!_. CAS' ZOIL
LEGEND:
~'" "" """" "" \"'l f{b~;'NfASfMEN T
~ PROPDSfD
R, O. w. EASEMENT
R.O.W. .. RIGHT DF WAY
P.D.B. .. POINT or BEGINNING
P.O.c. = POINT OF COMMENCEMENT
REVlSEO 6/1/2005
REVISED 5/6/2004
REVlSEO 12/10./20.0.2
CLIENT: COUJER COUNTY 7RANSPORTA T1ON,
ENGINEERING . CONS7RUCT1ON MANAGEMENT DIVISION
TITLE: $KercH AND DESCRIPT10N
BEING PART OF TRACT '4,
COLDeN CA TE: eSTA rtS UNIT .14, PLA T 8DOK 7, PAGe 23,
CDLLleR CDUNTY, FLORIDA
PROJECT NO.: SHEE1 NUYBE'A: rlL.E NO.:
N6022-002-010- TDHWP 204 OF XXX 200-203
Jun 01, 2005 - 1.3: 44: 17 CLANDjX: \SUR\N6022\Sketch Of Oescriptions\Suomitled\2Qg203s204.dwQ
OAT,:
04/2002
fXfsnNC 50' fAseMfNT
FOR R. 0 It: PURPOSfS
(PfR PLA T)
500"28" rE
IJ6.88'
~
'"
bl~
~~
r..f
PARCEL NO
20,1
PROPOSED PERPETUAL.
NON-EXQ.USI'tF ROAD
R.a w.. DRAINAGE, AND
U7lUTY EASEMENT
4'- SfJtJARE FEET
~
!::.
~
19
~
:...
..::!
TRACT 19
LESS THE
PINE RIDGE ROAD
R.O.W.
20 GOLDEN G TE ESTA 7[S UNIT 34,
PLAT OOK 7. PAGES 23
J30..0.0' (PLAT)
L
~- ~lt"'mN.1 C
~ -, - March 28 2 6
~ ~o f115
o ~ ~ ~ ~
GRAPHIC SCALE
BOULEVARD
PROPOSED J
R.O.W. EASEMENT
~
~
r-.
~~
~S
~ ~ ~
~~ ~
~ ~
t:;:, -5
18
,..,~
:d!l ~ Ri
!::.~~i'tI
~~~~
""-':i::'1l
;ll~,",~
~~~~
....=<~
ill;
LFGAl DESCRIPTTON
ALL THA T PART OF TRACT 19, GOLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7. PACE 23, COWER COUNTY,
FLORIDA, AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING AT THf SOUTHWEST CORNER OF SAID TRACT 19;
THENCE ALONG THE SOUTH LINE OF SAID TRACT NORTH 89'29'42" EAST 50.00 FEET TO THE POINT OF
BEGINNING;
THENCE LEAVING SAID SOUTH TRACT LINE NORTH 00'28'lr WEST 2D1.09 FEET,'
THENCE ALONG THE SOUTH LINE OF EXISTING PINE RIDGE ROAD RIGHT OF WA Y NORTH 89"35'45" EAST 54.59
FEET,'
THENCE LEA VlNG SAID SOUTH RIGHT OF WA Y LINE SOUTH 27'1026" WEST 72.40 FEET,'
THENCE SOUTH 00'28'lr EAST 136.88 FEET,-
THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 89'29'42" WEST 21.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 5,300 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
REVISED. 5/6/04 KLR/S02
, .. ,
. I"
...,' !for,:4 . Sl$YEY ...
LANG r 'R,.A .OFf. ~L" SURVEYOR tIt MAPPfR
FLORIDA REGIST8t< . . . LS 15621
NDr VALID UNLeSS SIGNED BY THf SURVEYOR AND
SeALeD 'MTH THe SURVEYDR'S EMBOSSED SEAL.
CERFIFlCA T[ OF AUTHORIZA nON" LB-4J
It:AIIJNOS AIIC /lASED ON I/DIIrH
AlltTl1CAN Do41W (1I.A.D) 1Ml-/""
AJWs7lKNT sTAIr "LAoW -.rc
Srs7EII (CRlDI TDI/ 1\l"IIo' fAS' :tONc.
PROJecT NO.: 620lJ1 p""eEL NO. : 207
Wils~nMiller-'~""-
"",-. ~. EooIogIoII' -"", .~_" T~,","Ccwul'ri
WiIcnMIi'tt-, .he..
-'I'cr1~"_"_"T_
=""'~"I/l'J.,.,..-_,__"I'tl_"___
EXHIBIT -L
page..&L of.J..Q:).
LEGEND:
l"" """" "" "" "" ~ ~~/F~Nf:ASEMENT
~ PROPOSEO
R.O.1t: [A~MfNT
R. O. It: '" RIGHT OF WA Y
P.O.B. .. POINT OF BEGINNING
P. D. C. ... POINT or COMMfNCfMfN T
CLJE..,.: COLUER COUNTY TRANSPORTA 77OH,
ENGINEERING cfr COHSTRUC77OH UANAGEMENT DIVISION
TitLE: SKE:TCH AND DESCRIPTION
BEING PART Of" TRACT /9,
COLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7. PACe 2J,
COLLIER COUNTY, FLORIDA
OA.TEI PROJECT NO.: SHEET NUWBtR: FILE NO.:
04/2002 N6022-002-010- TDHWP 207 or xxx 2GG-203
Moy 10. 2004 - 10,04, 32 LMILLERlx, \SUR\N6D22\S.etch or De,c,iplion,\Submltl.d\2992D35207.dw9
21.5J'
62.38' (PLA T)
N.00'24'16"W.
20..00.'
J0.8.51' (PLA T)
~ ~f51ltem .1 C
~ ~March2,2 6
~~ ~10f 15
o 25:.0 100 200
GRAPHIC SCALE
:!J
'tli:!3i
"'o~R\
!C5~~;!1
~~~~
"'''(~'tl
~~~~
~<"i:l:;I)
....~o
~
GOLDEN GA TE ESTA TES UNIT 34,
PLA T BOOK 7, PAGES 23
15
TRACT 15
\Jl LESS THE
~ ~ PINE RIDGE ROAD ~
'" R. 0. W.
~ ""
~ ..: ~
,. ...
~ -::::! ~. ~ 16.1 76
V>~ "" :..
~~ Ol ~
""
~~ ~ PARca NO. ~o~
P
le
~
~ PROPOSED PERPETUAL,
\::l NON-EXCLUSIVE ROAD
R.O.If., DRAINAGE. AND
unuTY EASEMENT
16.284 SQUARE FEET
PROPO ED
R, O. W. E As'EMfN T
LOGAN
BOULEVARD
eXISTING 50' EA MENT
FOR ~ O. IV, PUR. OSES
(PER PLA T)
I
19
18
17
17.1
LEGAL DESCRIPnON: SEE SHEET 208A
EXHIBIT A
PageBo~
REVlSEO 5/6/04 KLR/50.2
*** NOT A SURVEY ***
R, 'P OFf AL SURVEYOR &: MAPPER
rLORIDA RECISTRA LS 15627
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SeALED 'MTH THe SURVEYOR'S EMBOSSED SeAL.
CERFtrICAT[ or AUTHORIZATION I LB-4J
BCMlNGS ARE /lASED ON NCRI>I
=C:;~::JN.~fk'~lf
SJ:I'1lII I_I fIR nllftlol lAsr Z01It.
LEGEND:
~ "" "" "" "" "" "" "I ~~~~NlASEMENT
~ PROPOSfD
R.O.W. EASEMENT
R.O. IV, " RIGHT OF WA Y
P.O.B. " PDINT OF BfGINNING
P.D.C, " PDINT Dr COMM[NCEMfNT
PROJECT '<<l.: 62081 PARCEl. NO. : 208
Wil.Miller.'~w-
- . ~ . ~ . an.y"n . L..-.".~ . ~Ilcrl Cl:rloWnII
~,.Inc:.
_ .1\rt1!Wl . _ . __. r....
-8lrl<ot,MoIfJlJ.,..__.",.,,_.Ffl_.____
CLIENT: COLU~R COUNT'( TRANSPORT A T10N,
~NGtNE:ERtNG &: CONSTRUCnON MANAG~MENT DMS/ON
met: SKETCH OF DESCRIPT10N
Bf:ING PART OF TRA.CT IS,
GOLOEN GA TE E:STA TES UNIT 34. PLA T BOOK 7, PAGE: 23,
COLLlE:R COUNTY, FLORIDA.
[)ATt; ~RO.lECT 0.: SHEET 8ER~ 'II.!: .;
04/2002 N6022-002-010-TOHWP 208 OF XXX 2GG-20J
May 06. 2004 - 14.16' 08 ~RIMESIx, \SUR\N6022\Sketeh Of Oesedp\ions\Submilted\2gg20J,208.dwo
Agenda Item . 1 C
March 2 ,2 6
Page 92 of 15
PARcel NO. ~ 0 ~
LEGAL DESCRIPTTON
ALL THA T PART OF TRACT 15, COLDEN CA TE: ESTA TES UNIT 34, PLA T BOOK 7. PACE 23, COLLIER COUNTY,
FLORIDA, AND BflNG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 15;
THENC[ ALONG THE NORTH LINE OF SAID TRACT SOUTH 89"29'42" ~ST 50.00 FEET TO THE POINT OF
BEGINNING:
THENCE LEAVING SAID NORTH TRACT LINE SOUTH 00'28'17" EAST J08.73 FEET,'
THENC[ ALONG THE NORTH LINE OF exiSTING PINE RIDGE ROAD RIGHT OF WAY SOUTH 89'35'44" HofST 150./1
FEET;
THENC[ LEAVING SAID RIGHT OF WAY NORTH 47'55'28" EAST 156.62 FEET.'
THENCE NORTH 00'28'17" ~ST 204.55 FEET TO THE NORTH LINE OF SAID TRACT;
THENCE ALONG THE NORTH LINE OF SAID TRACT NORTH 89'29'42" EAST 33.00 FEU TO THE POINT OF
BEGINNING. .
CONTAINING 16,284 SOUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
REVlSfD 5/5/04 KLR/502
EXHIBIT A
Page..2!L 000
LANC, r 'R,'p, OF[, JlL 5UFrVEYOR &: MAPPfR
rLORIDA R~GlS~A '. LS 15627. .
Nor VALID UNLfSS.SIGNfOBY THf SURVEYOR AND
SEALfO 'r'ATH THf SURV[YOR's'[M80SSfD SEAL,
CfRFlrICAT[ or AUTHORIZAnON I LB-./J
IK_ ARC /lASeD ()N """lit
__CAN DA>UIt IUDI 1NJ-IHO
AlJJJSFlENT STAll' PlAIC lXXJI/DINAll'
SYSIl'M III/IIDI f(III nQlllJA CAST ZONC.
... NOT A SURVEY...
".OJEeT NO., 620B7 'AIleE_ NO. r 208
Wil.nMillefM'~w-
,.,... . ~ . EocioQIoio . a..-. . L.onaIoopo ArdrIocII . ~"" ~
IWoonIMtrt: tlc.
... '1lIf1tn ,_ .-.1lIJlI
.._l.rlo...IIlI......__,__.",_.___
C_IENT, COLLIER COUNTY 7'RANSPORTA nON,
ENGINEERING Ie CONS7'RUCnON MANAGEMENT OMS/ON
TlTlJ;' LEGAL OESCRIP710N
B~ING PART Of' TRACT 75,
GOLD~N GAT~ eSTArrS UNIT 34, PLAT BOOK 7, PAGe 2,],
COLLIeR COUNTY. FLORIDA .
o,4.T~ "ROJ CT OJ SHeET U Ic:ltr '11.1 0,",
04/2002 N6022-002-010_ TOHWP 208A or xxx 2GG-20:J
May 06. 2004 - 14: 22: 01 KRIMESlx: \SUR\N6022\Skelch Of O..criplion.\Submltted\299203.208A.dW9
14.1
15
~
~
o 2~ ~ 100
GRAPHIC SCALE
~tem N
March 2
~ 13
200
.1 C
2 6
f 15
EXISTING EASEMENT
rOR R. O. W. PURPOSES
PER OR. BOOK 2660.,
PAGES J386-3J87
PROPOSED J
R. O. W. EASEM[. T
LOGAN
EXISTING so' ASEMENT
fOR ~ O. W. P RPOSES
(PER PL T)
EXISTING so.' ASEMENT
fOR ~ O. W. P RPOSES
,PER PL T)
~
~
~~
~~
<>~
~~
1lt
~
~ ~
~ & ~
~
19 ~ <..; ~
""
:.. ...' <0
..::! ... <..;
~ Ui
....
...
"" ~
~
"" ~
"', ,..
~.
."
~~~~
~~~~
~~~~
l;:l;~'ll
~~~5:
,. 8<:::>
~<')~~
~=:(!:)
;or;
PROPOSED PERPETUAL.
NON-EXCWSlVE ROAD
R.O. w., DRAINAGE, AND
U71U7Y EASEJlENT
'4.011 StJIJARC FEET
PARCel NO. ,1 OJ
18
0),
~
8,
~
:...
..::!
17
17. 1
TRACT 18
LESS TH[
PINE RIDGE ROAD
R.O,W.
GOLDEN GA TE ESTA TES UNIT 34,
PLA T BOOK 7, PAGES 23
JJO. 0.0.' (PLA T)
IJ.o.O'
So.o.'28'17"E
40
LEGAL DESCRIPTTON:SEE SHEET 209A
REVISED 5/6/04 KLR/50.2 ,
PREPARED BY: 'MLSONMI; .. (Ne. .
...
EXHIBIT A
page~om
NOT A SURVEY ...
LAN T R: P. OFf: AL SUfj VfYOR &: MAPPER
FLORIDA REGIST1!A LS 15621
NOT VALID UNLESS SIGNED', BY THE SURVEYOR AND
SEALED mTH THE SURVEYOR'SEMBOSSfD SEAL.
CtRFIFfCA TE Dr AUTHORIZA TION I LB-4J
B€AR1NGS AIlE /lASED ON NDlfIH
AlD/ICAN /l</1.llI (ll.A.D) INS. 1m
ADJJS11JfN7 srAIr PlANt COCIiIWItiAJZ"
S'ISICII (aIJD) rar """"" CASt ZC/tC.
LEGEND:
'" "" "" "" "" "" "" ~ ~~b~~NiASEMfNT
~ PROPOSED
R. O. W. EASEMEN T
R.o. W. '" RIGHT OF WA Y
P,O.B. " POINT or BEGINNING
P. O. C. " POIN T or COMMENCE MEN T
ORB. " OFrlCIAL RECORDS BOOK
PROJECT NO.: 62081 ."CEL NO. , 209
Wil.Millei'-'~Od-
,.,.,.".,.,. ~,~, an.,.r.. ~.4rdiIf<II . ~.,""C<noWmI
WfIIonI.IiIer, he.
""".f<11l/lW1._._.r_
:Illl1Ilo1orLMio"aJl."'__,__,FV~,_ __
CWENT, COLLJER COUNTY TRANSPORTA TlON,
ENGINEERING & CONSTRUCT1ON MANAGEMENT DIIlfSlON
TIT.E: SKO'CH OF DESCRIPTION
BFfNG PART OF TRACT 78,
GOLDeN GArt fSTArtS UNIT J4, PLAT BOOK 7. PAGe 2J,
COWeR COUNTY, FLORIDA
o...TE: PROJE:CT NO.; SkEET NUMBER: FILE NO.:
04/2002 N6022-002-010- TDHWP 209 0, xxx 2GG-20~
Moy 10. 2004 - 14: J5: 53 LI.AILl.I:Rlx: \SUR\N6022\Sketch 01 Oe5cdplions\5ubmitled\2gg203s209.dwg
Agenda Item N . 1 C
March 2 ,2 6
Page 94 f 15
PMCB. NO. ..104_
LEGAL DESCRIPTTON
ALL THA T PART OF TRACT 18, GOLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7. PAGE 23, COLLIER COUNTY,
FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING A T THE NORTHWEST CORNER OF SAID TRACT 18;
THENCE ALONG THE NORTH LINE OF SAID TRACT NORTH 89'29'42" EAST 50.00 FEET TO THE POINT OF
BfGINNING:
THENCE CONTINUING ALONG SAID NORTH TRACT LINE NORTH 89'29'42" EAST 1300 FEET.'
THENCE LEAVING SAID NORTH TRACT LINE SOUTH 00'28'17" fAST 223.02 FEET.'
THENCE SOUTH 45'49'40" EAST 103,89 FEET.'
THENCE NORTH 89'35'44" EAST 54309 FEET;
THENCE SOUTH 00'28'17" fAST 13.00 FEET;
THENCE ALONG THE NORTH LINE OF EXISTING PINE RIDGE ROAD RIGHT OF WA Y SOUTH 89.35'44" WEST 596.60
FEET.'
THENCE NORTH 41"45'21" WEST 50.62 FEET.'
THENCE NORTH 00'28'17" ~ST 270.91 FEU TO THE POINT OF BEGINNING.
CONTAINING 14,097 SQUARE FEU MORf OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
REVISfD 5/6/04 KLR/502
EXHIBIT A
PageA otIili
. ,I:
LANe. T 'R,' A Ofi :4L 'SUR~YOR &: MAPPER
FLORIDA REGISTIfA '. LS.f~62i
No.T VALID IJNLfSSS1CN8J.:BY THE SURVEYOR AND
SE:ALED 'M TH THfSURVEYOR 's' EMBOSSED SE:AL.
CERrlFtCA TE OF AUTHORllA TtON I LB-4J
<<_ NfC /IA.SlI) ON NOIIIH
=r~::Nfk/~IE
SYSIFII If/f/JDI 'CII rt__ lAST ZfJNt.
... NOT A SURVEY ...
PROJW NO.. 62081 . p....m NO. · 209 CLItN'T, COUJER COUNTY TRANSPORTA nON,
~'.M1~. -.. ,,,""- ENGINEERING II: CONSTRucnON IIANAGalENT DIVISION
r. ,. ra. TITLE. LEGAl. DESCRIP710N
.J .J U. SEING PART Of' TRACT 18,
1"IImrr'~'Ecoq;iolo'~'~-""~lIllnConollt...", GOLDEN GATE ESTATES UNIT J4, PLAT BOOK 7. PArJE 23,
WIItonYIIlor, ha COLLIER COUNTY. FLORIDA
NIF*I . 'ar".,,... . ,... . ..... . r..- OA I PftOJE NO.1 SH T NUa.lSf;R: F1 ~O.:
-8lIlrlM>o..JlO.___.__......._.___ 04/2002 N6022-002-0l0-TDHwP 209A OF xxx 200-203
May 06, 2004 - 14,38: 40 KRII.lESlx: \SUR\N6022\Sketch 01 OUcriptlon.\Submltted\2QQ203.209A.dwQ
18
)t.:;;) ~tem No 1 C
~ I March 28, 2 6
~f15
l"l- ~
o 25 511'00 100
GRAPHIC SCALE
79
;.!:!
:t:J~;;:
~!:)",,"l
p~~;:o
011::>....1:5
~~;;)~
~~~:t:J
~~8~
~<'l~;o
"'=<1:)
;lO
PERPET1..W.. NON.EXcl..usrve
ROAD RIGHT ..()F'-Y, DRAINAGE
AND unUTY EASEMENT
297.0.1'
P.o.c.
N.E, CORNfR
OF TRACT 18
680..0.0' (PLA T)
WEST 70S' OF TRACT 40
1,348 SQUARe FCU PARCEl NO. :J 1 D
::E
~
~~
$1' ~
<'l~
~~
;E
IJ.o.o.'
So.o."28'I7"E
40
EAST 7S' OF WEST 180' OF TRACT 40 g
~
39
g
~
~
:>.
..::!
TRACT 40
LESS THE
PINE RIDGE ROAD
R.O.W.
-=b'
~
~
~
~
t::l
"'--
PROPOSED R. O. W.
EAST 7S0' OF TRACT 40
42
680..0.0.' (PLAT)
GOLDEN CA TE ESTATES UNIT 34, 41
PLA T BOOK 1, PAGES 23
LEGAL DESCRIP TTON
ALL THA T PART OF THE Hf"ST 105 FEET OF TRACT 40. GOLDEN CA TE ESTATES UNIT 34, PLA T BOOK 1, PAGE
23, COWER COUNTY, FLORIDA, AND BE/NG MORE PAR TiCULARL Y DESCRIBfD AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF TRACT 18 OF SAID PLAT AND A POINT ON THE Hf"ST LINE OF
SAID TRACT 40;
THENCE ALONG THE SAID WEST TRACT LINE SOUTH 00'28'17" EAST 297.01 FEET TO THE POINT OF BEGINNING:
THENCE LEA VlNG SAID WEST TRACT LINE EASTERL Y 105.01 FEET ALONC THE ARC OF A CIRCULAR CURVE
CONCA VE NORTHERL Y HA VlNG A RADIUS OF 5,641.58 FEET THROUGH A CENTRAL ANGLE OF 01V3'59" AND
BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 89'03'32" fAST 105.00 FEET,'
THENCE ALONG THE EAST LINE OF SAID TRACT SOUTH 00'28'17" EAST 13.00 FEET,'
THENCE ALONG THE NORTH LINE OF EXISTING PINE RIDGE ROAD RIGHT OF WAY ~STERLY 105.01 FEET ALONG
THE ARC or A CIRCULAR CURVE CONCA VE NORTHERL Y HA VING A RADIUS OF 5,654.58 FEET THROUGH A
CENTRAL ANGLE OF 01'03'50" AND BE/NG SUBTENDED BY A CHORD WHICH BEARS SOUTH 89V3'J6" ~ST
105.00 FEET,'
THENCE ALONG SAID WEST TRACT LlNf NORTH 00'28'17" Hf"ST 13.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,348 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
EXHIBIT ...1L
Pagen of...LKl.
REVISED 5/6/0.4 KLR/502
*** NOT. A SURVEY **.
R, P. OFE ilL SURVEYOR .t MAPPER
FLORIDA R(CISri?:4 L~ 15627
NOT VALID UNLess SIGNED BY THE SURVEYOR AND
SEALED 111m' mE SURVEYOR'S EMBOSSED SEAL.
CERFIFICA TE OF AUTHORIZATION I LB-4J
PROJEOT NO., 620B1 PARm NO. , 210
Wils,nMiller-'~~-
-.. ErV-'r. EcciogIrft . an.rcn . ~~. ~d", Caldonll
Wioon.YiIer, ~
"""~I/rn'_'~.r"""
.lilXllilIor~8*213'___,_ -"'IVJH4H1II'___
BlARWGS ARt 610StD ON _01
~ /l<1tII1N.A.D) rHJ.llIO
AAVS1lIIIf' STAlE Pl."'" ClXllIlI<AIf
sr>7EII I_I '01/ n""", CAST ZOIfC.
CURVE TABLE
NO. RADIUS DEL TA ARC TANGENT CHORD CHORD BEARING
/ 564/.58' 0/'OJ's9" 105.01' 52.50.' 105.0.0.' N.89'OJ'32"E.
2 5654,58' 0./'OJ'50." /05.01' 52.50.' 10.5.0.0.' S.89'OJ'36"W.
LEGEND:
kXxX><><><><I PROPOSEO R. O. It.
R.O. W. '" RIGHT or WA Y
P.O.B. ~ PDINT or BEGINNING
P.O.c. = POINT OF CDMMENCfMENT
-, ';
I ,.. ~
Moy 06. 2004 - \4; 57: 09 KRIMES!X: \SUR\N6022\Skelch Of Oe,criplions\Submitted\2gg20Js210.dwg
CLIENT, COWER COUNTY TRANSPORTA nON,
ENGINEERING It CONSTRUCTION MANAGEMENT DIV7S/ON
TITLl:1 SKETCH AND DESCRIPTION
BCING PART OF THC ~ST lOS' OF TRACT 40,
GOLDCN GA TC CSTA TCS UNIT .34, PLA T BOOK 7. PAC. 23.
COLLlCR COUNTY, FLORIDA
DATE; PROJEc:T NO., SHEET NU 8E'" FIll: 0"
04/2002 N6022-002-010-TDHWP 2/0 OF xxx 2GG-203
,,. ..uu,
JJo.//' (PLAT) ~ ~~tgm N . 1 C
March 28, 2 6
~ ...... ~ f 15
Q) 0 2& &0 100 200
COLDEN GA T[ E fA TES UNIT 34, ~I GRAPHIC SCALE
PLA T BOOK , PAGE 23
I
~
16.1 16 ~
0) NORTH 780'~ 1!3 ~ EX/snNG 60' EASEMENT
15 15 SOUTH 750T ,... ~ FOR R. O. W. PURPOSES PER PLA T
~ ...
<0.
~ OF TRACT 76 OF TRACT 16 ~ ~I COLDEN CA T[ ESTA TES UNIT 32,
:... :... PLA T BOOK 7, PACE 21
..::! ..::!
~ 7.1
tIS
I -'1 PROPOSEO
R. O. W. EASfMENT ~
NOO'28'/7"W PARcel NO. ), I )
!J> 7.5J'
10.
~g EXISTING 50' EASfME T
'"
1'e' FOR 1. 0, W. PURPOSE
PER PLA T)
LOGAN OULEVARD EXISTING 50' EASEM[. T
FOR ~ O. W. PURPOSE
PER PLA T)
18 77 17. I 30
LEGAL DESCRIPTTON
ALL THA T PART OF THf SOUTH 150 FEET OF TRACT 15, COLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7. PAGE
23. COLLIER COUNTY, FLORIDA, AND BflNG MORE PARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING A T THE SOUTHEAST CORNER OF SAID TRACT 15:
THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 89'29'42" ~ST 50.00 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 89'29'42" ~ST 33.DO FEET,'
THENCE LEAVlNC SAID SOUTH TRACT LINE NORTH 00'28'17" ~ST 58.20 FEET,'
THENCE NORTH 12'52'42" EAST 86.62 FEET,'
THENCE NORTH 00'28'1 r ~ST 7.53 FEET;
THENCE NORTH 89'29'42" EAST 13.00 FEET;
THENCE SOUTH 00'28'1 r EAST 150.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 3,951 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS &: RESTRICTIONS OF RECORD.
REV/SED 5/6/04 KLR/502
EXHIBIT A
Page.2,Lof 107
... NOT A SURVEY ...
R, P OFF AL SURVEyo.R &: MAPPER
FLORIDAREC(STl?A. . LS.,fs627
No.T VALID UNLtSSSIGNEO BY THE SURVEYDR AND
SfALfO 'MTHTHE SURvtYOR'S EMBosseD SEAL.
CERFtrICAT[ or AUTHORIlAnON I LB-4J
Bt_ ....: AUtD CIf _IH
~~:1,f'nk'~/C
S";/CII IG1/iO) f()/f n OII1DA CAST ZOIE.
LEGEND:
~ "" "'" "" "'" "" '\3 f{b~~NlASEMrNT
~ PROPOSED
R.O.W. EASEMENT
R.D. W. .. RIGHT or WA Y
P,O.B. .. POINT or BEGINNING
P.D.C, '"' PDINT or CDMMfNCEMENT
PROJECT NO.: 62087 P....CEL NO. I 211 CliENT: COUJER COUNTY TRANSPORTA T1ON,
~) 1111 -... ......,....... ENGINEERING It CONS'TRUCT1ON MANAGa.fENT DIVtSlON
r, reA.. "ra. TITLE: SKETCH AND DESCRIPT10N
,J "V.,J fJ fiji. BEING PART OF THe SOUTH 150 Fen OF TRACT 16,
- ~ EcdogIr/o ~'LondootpoArdlloctl ~IlonConocllW GOLDEN GATE: eSTATES UNIT :U, PLAT 800t< 7, PAGE 23,
. . . WI'IonMitt; Inc. ' COLLIER COUNTY, FLORIDA
-- . F<rf~ ' - ,--, _ !)Aft! PROJECT NO.: SHE NUUB[~1 mE NOJ
a.,LoloUlm.___,__......_.iIW1-lik__ 04/2002 N6022-002-010-TDHM" 211 OF XXX 2GG-20.J
lAcy 10. 2004 - 10: 08: 02 LIAILLERIX: \SUR\N5022\S.oten Of O..edpticns\Submittod\29920Js211".Q
~~~~
~~
o 25 IlO 100 200
GRAPHIC SCALE
1 C
6
15
P.O.B.
1
GOLDEN GA TE [ TA TES UNIT 34,
PLAT BOOK , PAGES 23
~ 16,1 16 ~ ~
~
15 ~ it,
-=b' SOUTH 150' NORTH 180' ~
s: ...
-:::!. OF TRACT 16 OF TRACT 16 ..::!
PROPOSEO 'ERPETUAL,
NON-EXCLU. ~ ROAD
R.O.W.. ORA/, \4GE, ANO
EXISnNG 60' EASEUENT
FOR R. O. W. PURPOSES PER PLA T
GOLDEN GA TE ESTA TES UNIT 32,
PLA T BOOK 7. PAGE 21
1.7
PARCEL NO. d I).
LOGAN
EXISTING 50' EASEMf. T
FOR R.o. W. PURPOSE
(PER PLA T)
EXISTING 50' EASEMf. T
FOR ~ O. W. PURPOSE
(PER PLA T)
18
LEGAL DESCRIPTTON
ALL THAT PART or THE NORTH 180 FEET OF TRACT 16, GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 1, PAGE
23, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS:
17
17. 7
30
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 16:
THENCE ALONG THE EAST LINE OF SAID TRACT SOUTH 00'28'17" EAST 180.00 FEET,'
THENCE LEAVING SAID fAST TRACT LINE SOUTH 89'29'42" WEST 50.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89'29'4r weST 13.00 FEU:
THENCE NORTH 00'28'17" ~ST 129.45 FEET,'
THENCE NORTH 23'19'49" ~ST 22.30 FEET,'
THENCE NORTH 89'29'42" EAST 21.56 FEET,'
THENCE SOUTH 00'28'17" EAST 150.00 FEET TO THE POINT OF BECINNING.
CONTAINING 2,039 SOUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
EXHIBIT A
page...8:L ofJ..Q1
REVISED 5/5/04 KLR/502
... NOTA SURVEY...
'R, A OFf Ai 'SURVEYOR &: MAPPER
FLORIDA REGISTRA L~ 15627.
NOT VALID UNLtSS'SIGNtDBY THE SURVEYDR AND
SEALED 'MTH THE SURVEYOR'S EMBOSSED SEAL.
CERFfFICA T[ OF AUTHORIZA nON I LB-4J
IIl:~AIIC/lOSll>ONNOI/"
AJItRICAN OATIJfT (N.A.OI 'JD-1I1a
A/)JlJSIlltNt stAIr ItANC Cl>:Wl>NAIE
s~"" ICl/JDI rrJTI n_. CASt ZONt.
LEGEND:
"""" "" "" "" "" "" ~ f{b~~N~ASEMENT
~ PROPOSE:D
R.O. W. EASEMeNT
R. D. W. ~ RIGHT or WA Y
P.D.8. = PDINT or BEGINNING
P.O.C. = POINT or COMMENCEMENT
PROJECT ~O.l 62087 P....CEl ~o. : 212
Wil.Mille'-'~w-
I'lImoro . ~ . Ec%giio . -,.... . ~ Archlot:a ' ~... ~
lWacriIIer; tic.
,.,., ,Iirf~.""""""" 1_
.IIIO...,.l-....lf1),__-_._ _.Ffl-.&'fl.___
C.IEI;T, cowm COUNTY TRANSPORTA nON.
ENGINEERING & CONSTRucnONMANAGEMENT DIVISION
mLE, SKETCH AND DESCRIPnON
BDNC PART OF THf NORTH 180 FttT OF TRACT 16,
GOLDEN GA TE: ESTA TES UNIT :J4. PLA T BOOI< 7, PACt 2J,
COLLlfR COUNTY, FLORIDA
04Tr: PROJECT NO.: SH[ET ~u BER: fiLE ~o.:
04/200:1 N60:12-002-01O- TDHWP 212 OF xxx 2GG-20J
May D6. 20D< - , 5; 3D: 2D KRIMESlx: \SUR\N6022\Skelch Of Descr;pliOtl,\Submilled\2Qg203s212,dwg
GOLDEN GA TE ES ATtS UNIT 34,
PLA T BOOK 7, PAGES 23
75
16.7
16
~~ltemN.1 C
March 28, 2 6
(- I r f 15
o >>~~ ~
GRAPHIC SCALE
1,7
"--
, ,
EXISTING 50' EASEM[. T
FOR R.O, W. PURPOSE
(PER PLA T)
EXISTING 50' EASEM[. T
FOR R.o. W. PURPOSf
(PER PLA T)
""
~
~
78 ~
..::!
17
111
- . ~ROPOS~; J
~ ~ ; I. FM ~>>Jr=o::;;::T
i~
~ g I
~
~
~
30
SOUTH 150' NORTH 780'
OF TRACT 77 OF TRACT 17
GOLDEN GA TE ESTA TES UNIT 32,
PLA T BOOK 7, PAGE 21
3JO. a' (PLA T)
LEGAL DESCRIPTION
BEING THE EAST 13 FEET OF THE ~ST 63 FEET OF THE SOUTH 150 FEET OF TRACT 17, GOLDEN GATE
ESTATES UNIT 34, PLAT BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA.
CONTAINING 1,950 SQUARE FEU MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
REVlSEO 5/10./0.4 L T!./
EXHIBIT A
Page~ o'"iIE1.
... NOT 'A' 'SURVEY...
LAN' R, P OFf ,Ai SURVEYOR '" MAPPER
FLDRIDA'R'C!'STRA , L$../s627
NOT VALID UNLESS SIGNED BY THE SURVEYDR AND
SEALED 'MTH THE SURVEYOR'S EMBOSSED SEAL.
CERrff'lCA TE OF AUTHORIZA nON # LB-4J
11I:_ AlIf BASco ON ND/IrH
=~::t;:k'~rr
SYS7EII I-J '0/1 nO/llDA EAST ZON{.
LEGEND:
""""" "" "'" "" \::3 ml~NfAS[M[NT
~ PRDPDSfD
RO.W. EASEM[NT
R. D. W. == RIGHT or WA Y
PROJECT NO.: 62081 PARCEL NO, : 21 J
Wils;nMiller~ -~uu,_
PIonnon ' ~ ' ~ . &nwyaro . ~ Arr:hIoelI . r,_1ion ConM.",.
W..cnAIiIer, klc.
'"'*' '1'01.1/)ln. _. _. T_
l2llIBWt......m. NrIlIIoIlri:i_._ _.'" HffIHlIIl'___
CUtNT, COLUER COUNTY TRANSPORTA TlON,
ENGlNCERING II: CONSTRUCTION MANAGEMENT DIVISION
TITLE: SKETCH AND DESCRIPTION
B~ING PART OF TH~ SOUTH 1'0 Feer OF TRACT 17,
GOLDEN GA T~ ~STA T~S UNIT J4, PLA T BOOK 7. PAG~ 23,
COLLI~R COUNTY, FLORIDA
""TE, PROJECT ~O.l SHE[T NUMBER: FILE NO.:
04/2002 N6022-0.02-010- TDHWP 21J OF xxx 2GG-203
May 10. 2004 - 10, 26:~' LMILLERlx, \SUR\N6022\Sketch 01 D.scdptlans\Submltted\2g920~s21J.dwg
15
16.7
76
~
'.-
o 2.
~ltemN.1 C
. alch2,2 6
Page 99 of 15
I I
eo 100 200
GRAPHIC SCALE
GOLDEN GA TE: ES ;4 TES UNI T 34,
PLA T BOOK 7. PAGES 23
7.1
P,O.B,
[XIsnNG 50' EASEME. T
FOR ~ O. W. PURPOSE
(PER PLA T)
EXlsnNG 50' EASEM[, T
FOR R.O, W. PURPOSE
(PER PLA T)
'.--
LOGAN
"/~R .
NO.. flY
17
SOUTH 750'
OF TRACT 77
17.1
NORTH 780'
OF TRACT 17
.. -.. ~;P~SED 'J
~ ~ I R.o.W. EASEMENT
:-<:: ~ fX/STlNG 60.' EASEMENT
~ ~ FOR R.O.W. PURPOSES PER PLAT
g ~ \
I ~ ~ I
..::!~
~
~
~
30
0)
~
~
~
78 ,.
..::!
GOLDEN GA TE ESTA TES UNIT 32,
PLA T BOOK 7, PAGE 21
JJO. a' (PLA T)
LEGAL DESCRIP nON
ALL THAT PART OF THE NORTH 180 FEET OF TRACT 17, GOLDEN GATE ESTATES UNIT 34. PLAT BOOK 7. PAGE
23, COWER COUNTY, FLORIDA, AND BONG MORE PARTICULARL Y DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 17;
THENCE ALONG THE WEST LINE OF SAID TRACT SOUTH 00'28'17" EAST f80.00 FfET,'
THENCE LEAVTNG SAID ~ST TRACT LINE NORTH 89"29'42" EAST 50.00 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 00'28'17" WEST 150.00 FEET,-
THENCE NORTH 89'29'4;- EAST 32.25 FEn-
THENCE SOUTH 28'19'38" ~ST 39.96 FEET;
THENCE SOUTH 00'28'17" EAST 114.99 FEET,'
THENCE SOUTH 89"29'42" It[ST 13.00 FEU TO THE POINT OF BEGINNING.
CONTAINING 2,287 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS &- RESTRICTIONS OF RECORD.
EXHIBIT A
Page-9L of]Q2
RfVlSED 5/10.~ - L T/J
REVISED 6/0.1/0.~
*** NOT A SURVEY ***
CURVE NUMBER 1
Y.' 'MLSONMILLER, INC.
.k
RADIUS= 5N5.58
DELTA = 00.'26'16'
ARC- ~J.91
TANGfNT- 21.96
CHDRD- 4J.91
CHORD 8RG. N.0.0'15'0.8'W.
ANDREW B. BECK, Pf/OffSSIONAL SURVEYOR .t MAPPfR
FLORIDA REC/STRATTON LS /6065
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED 'MTH THE SURVEYOR'S EMBOSSED SEAL.
CE:RF7F1CA TF: or AUTHORIZA TlON I L8-4J
IC-.cs AIIC /IAn CH _I/(
=""~::~'~rr
SYSIEII ""'1 ,.. I!.DIIlA CA~ ltJNt.
LEGEND:
""" "" "" "" "" "" ~ ~~~ ;'NfASEMENT
~ PROPOSED
R.O.W. EASEMENT
R. O. W. - RICHT OF WA Y
P.O.B. - POINT or BECINNINC
P.D.C. .. POINT OF COMMENCEMENT
PROJtCT NO.: 62081 PAACEL NO. , 214
Wils.Millei-'~---
-.' ~ . EcWorI*/8 . ¬on. ~ArlHoolt ' ~C<lIldfto
~tle.
.,FrrI......_._,Toop
_........""11>>....__._ _."" JHCH>lI._ __
CLIENT:
Jun 01. 2004 - 13: 17: 40 KRIIoIES1~: \SUR\N8022\Skoleh Of OooeripUono\SubmHttd\2g0203.214.dwg
COLLIER COUNTY TRANSPORTA TlON.
ENGINEERING && CONSTRUCTION MANAGEMENT DIVISION
TiTLE, SKETCH AND DESCRIPTION
BflNC PART OF THE NORTH 180 FEET OF TRACT 17,
COLDeN CA TE: eSTA TE:S UNIT J4, PLA T 8001< 7. PACe 23,
COLLIER COUNTY. FLORIOA
PRoJECT NO,: SHEET NV"BER~ rilE NO.:
N6022-002-010-TDH'trP 214 OF xxx 2GG-20J
DATE;
04/2002
76
1
"'- S.0.0.'Z8'17'E. JOO.o.O'
'E' PROPOSED PERPETUAL.
I~ I NON-EXCLtJ9'tF ROAD
R.a tt:. DRAINAGE. AND
I U1lUTY EASDlENT
:r:.. 7,fl(}{J stJlJNIE FEET
I~ 0) I
~ 30
8.
~ ~ WEST 1/2
:...
J~ ..::!
I OF TRACT 30
~ I-- EXISnNG 60.' EASEMENT
~ rOR R. O. W. PURPOSES PER PLA T
17.1
~ EAST 1/2
30.1
JJo..o.o' (Pw)OF TRACT 30
2
~~~t'i'mN.1 C
~ March 28, 2 6
~ ~ f 15
o 2~ 10 100 200
GRAPHIC SCALF:
'" '7
P OPOSED
R. O. EASEMENT
EXfSnNG 50' EASEMENt
FOR R.o. W. PURPOSES .
(PER PLA T)
EXISnNG 50' EASfMENT
FOR R, O. W. PURPOSES
(PER PLA T)
&l
l'>
8.
~
:..
..::!
29
29.1
COLDEN GA TE qTA TES UNIT 32,
PLA T BOOK 11, PAGE 21
LE'GAL DESCRIPTIO/{
THE EAST 25.00 FEET OF THE WEST 75.00 FfET OF THf WEST 1/2 OF TRACT 30,
GOLDEN GA T[ ESTA TES UNIT 32, PLA T BOOK 7, PAGE 21, COLLIER COUNTY. FLORIDA.
CONTAINING 1,500 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
REVISED 5/10/04 - LTM
... NOTA .SURVEY ...
. .,',
r R; Po OFf. :<I( SUR,VEYOR &: MAPPER
FLORIDAREqIS:r,RA .. . L.S. ./5627 :
NOT VALID UNLESS' SIGNEt}: BY THE SURVEYOR AND
SEALED WITH THE'SURVEYOR'S EMBOSSED SEAL.
CERFfFfCA TE OF AUTHORIIA TfON ! LB-4J
EXHIBIT A
Page.3l... ofJ.Q.1
LEGEND:
'" "" \ "" "" "" "" '" Vb~~NlASEMENT
~ PROPOSED
R. O. W. EASEMENT
R.O.W. .. RIGHT or WAY
P.O.B. = POINT Dr BECINNINC
P.D.C. .. POINT or COMMENCEMENT
BE_AT/C/lASEtJON_TH
_N 0A1UlI (N.A.I1I ,NJ-II,.
AlJ.US"IO" S'A IE PlANt t:lIClIIlOlIA 1!'
Sl'SIEII I_I TOR n~ CAST ZON(.
PROJECT NO.: 62081 PAIICt. NO. I 216
Wil.Millei~'~ou-
_. Bl;II-.. ~. ~. L..tndtoI,oo__, Tr....,.-1.Ibn~
Wleonl./lller. tx:.
,.,.,. Tatll/Orr . _ . _, r...
3lllIauo,u.,1IU1OO.,...__.""", _.",_._ ___
C.IENT: COLLJER COUNTY TRANSPORTA TlON.
ENGINEERING . CONSTRUCT1ON MANAGEMENT DIYlSlON
TIlLt: SKO"CH AND DBCRIPTlON
BEiNG PART OF THE ~ST 1/2 OF TRACT JO.
COLDEN GA Tr ESTA TE:S VNlT J2, PI.A T SOOK 7, PAGE 21,
COLLIER COVNTY, FLORIDA
DATE: PROJ,tCl NO.: SHEET NUYBf:R: rILE NO.1
04/2002 N6022-002-0rO- TDHWP 216 OF XXX 200-203
Moy 10. 2004 - 11, 04: 07 LWLLERIX' \SUR\N6022\Sketch Of O..C,iptions\Submltted\2qq203.216.dw9
30
2
2.1
3
~ ~ltomN.1 C
~ J v March 28 2 6
~_ ~1 f 15
o 2!o ~O 100 ;zoo
GRAPHIC SCALE
30
0'1
~
~
-=b'
s:
..::!
PERPrnJAL.
ON-EXaU9'tF ROAD
O. w., DRAINAGE. AND
U1IU7Y EASEMENT
4.'21 5IQlJARE FEET
[, STING 50' EASEMENT
f, R R. O. W. PURPOSES
(PER PLA T)
XISTlNG 50' EASEMENT
FOR R. O. W. PURPOSES
(PER PLA T)
LOGAN BOU EVARD
I
I
PROPOSED
R.O. W. EASEMENT
29
~
~
8,
~i
:>.
..::!
28
28.1
29.J
SOUTH 1/2
I OF TRACT 29
NORTH 1/2
OF TRACT 29
GOLDEN GA TE EST~ TES UNIT 32,
PLA T BOOK 7.: PAGE 21
30.1
JJo.. 0.0' (PLA T)
26.2
~GAL DESCRIPTTON
BEING EAST 25 FEET OF THE WEST 75 FEET OF THE SOUTH 1/2 OF TRACT 29, GOLDEN GA TE [sTA TES UNIT 32,
PLA T BOOK 7. PAGE 21, COLLIER COUNTY, FLORIDA.
CONTAINING 4,125 SOUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
REVlSfD 5-10-04 - LTM
EXHIBIT A
page~ofW.
... NOT. A . .sU/?YEY ...
LAN 'R/ Po OF[ AL ~SURVEYOR &: MAPPER
FL ORIOA .,!EG/S!,R,'" . . . . ~~ .If/62 7~'. .
NOT VALID UNLESS'SIGNfD~:8Y THE SURVEYOR AND
SEALCD 'MTH THE SURVf:YOR'SEMBOSSED SEAL.
CERFfFICA T[ OF AU THORIIA nON I LB- 4J
PROJECT NO,: 620B1 PAACEL NO, : 219
WilsIJnMillei~'~""~
,..
-. . ~ . Ec%plolo . an.,..." ~_. . r""""",,,,, ConaII..."
~,lnc.
IIIr* . Rrll6wo . &molt . ._ . T.,.
:>IlOSoIIyLn,,u,IIl'.....__.,,.,. _'FI1tH1HT1.___
8(ARtNCS ARC SAD 011 NORTH
AJ01CA/I /l</lII (II,A..TJ) 1111-'110
AlMISTll(Nr srA rr ~ COQIi!r:rNA rr
s~..., I_I""" n_ CArr iONC.
LEGEND:
~ "" "" "" "" "" "" "I ~W~N~ASCMENT
~ PROPDS[D
R.D. W. EASEMENT
R.o.W. ~ RIGHT OF WAY
Moy 10. 2004 - '1: 17: 56 L"'ILLERIX: \SUR\N6022\Sketch Of De,c.ipUon.\Submitled\2gg20Js219.dwg
CLIENT: COI.UER COUNTY TRANSPORTA 11ON.
ENGINEERING & CONSTRUC11ON ItIANAGEN~T DlvrSlON
TITLt: SKETCH AND DESCRJP110N
80NG PART DF THE SOUTH 1/2 DF TRACT 29,
GDLDEN GA TE: ESTA TE:S UNIT J2, PLA T BDDK 7, PAGE 21,
CDLLlER COUNTY, FLORIDA
CATE; PItOJECT NO.: SHEti NWB[A; nL[ NO.:
0.4/2002 N6022-D02-010- TDHWP 219 OF XXX 2GG-20:S
30
2
2.1
3
~-
o n
~~ltemN
~ March 2
~2
~o 100 200
GRAPHIC SCAL~
. C
2 06
f 15
LOGAN
[. STING 50' EASEMENT
f, R R. 0. W. PURPOSES
(PfR PLA T)
XISTING 50' EASEMENT
FOR R. O. W. PURPOSES
(PER PLA T)
- ;R~POSE ' , ~/
R.O. w. EASE. NT
NO.:;J;lD
30
'"
~
~
~
:...
..::! SOUTH 1/2
OF TRACT 29
29
'"
~
29.1 i
:...
"'<
NORTH 1/2 ""
OF TRACT 29
28
28.1
GOLDEN GA TE EST. TES UNIT 32,
PLA T BOOK 7. PACE 21
30,1
JJO. 00.' (PLA T)
26,2
LEGAL DESCRIPTTON
BEING THE EAST 25 FEET OF THf ~ST 75 FEET OF THE NORTH 1/2 OF TRACT 29, GOLDEN GA TE ESTA TES
UNIT 32, PLA T BOOK 7. PAGE 21, COLLIER COUNTY, FLORIDA.
CONTAINING 4.125 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
REVISED 5-10-04 - LTM
EXHIBIT -6-
Page3!L of..1D
...N(),T A SURVEY ...
"j?, A ~["Q 'AL; SURVEYOR ct MAPPER
FLORIDA ~~GISTRA LS 1.~6~~ ..
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED 'MTH 'TH(.SURf'EYOR's EMBOSSED SEAL.
CERFlrlCA T[ OF AumORltA T1DN I LB-4J
BE_as AIIf /lA5tO ON _IN
AJJfIOCAN /l<1!Ai (N,A.DIIHJ-lIIIo
ATMJSTl/CNT S'AIIC "'Nor _AlE
Sl'S1!I1 I_I TOIl 11-.. fAST ZOIIC.
LEGEND:
'" "" "" '" "" """'''1 ~~b~~NrASEMENT
~ PRDPOSED
R.O. W. EASEMENT
R. O. W. = RIGHT Dr WA Y
PROJECT NO.: 62081 .....CEL NO, : 220
Wils.Miller~-~""-
-. . a-. ,Ec%gIItJ . Slnoym . L.tndoeopo AnN_ . T_allon CcnoIIIatlto
wr.onII.Iiiet', Inc.
_.Fonl/JWl'_'_"'"
.Il<ll/lolo1t.,....m'IIPoo,__._ _'Fir ,*-._ __..
CLIENT: COUJER COUNTY 7RANSPORTA TlON,
ENGINEERING It CONS7RUCTlON IIANAGEMENT DIVIS/ON
TITLE: SKO'CH AND DESCRIPTION
SEING PART OF THe NORTH 1/2 OF TRACT 29,
GOLDEN GATE: ESTATES UNIT .12, PLAT 800K 7, PAGE 21,
COLLICR COUNTY, FLORIDA
~TIt: PftOo1tCT NO.; SH NUMBER: rILE NO.:
04/2002 N60.22-00.2-010- TDHWP 220 or xxx 2GG-20J
May 10. 2004 - 11: 16: DB LMILLERjX: \SUR\N6022\Sketeh Of Oescriptions\Submated\2gg20J,220.dwg
~~ltemN, C
larch 2 , 2 06
2.7 3 3.1 4.1 Paqe 103 f 15
l"l- I I
0 25 50 100 200
GRAPHIC SCALE
EXISTING 50' EASEMENT
LOG /" FOR R.o. W. PURPOSfS
(PER PLA T)
EXISTING 50' EASEMENT
FOR R.o. W. PURPOSES
(PER PLA T)
~;2) O:l
--;\. PAACEL ~
~ I~
~
~;g 0)
,.,..,~ '"
~ ~I
:':'0 8.
~Vl 28. J
;;::8j &l ~ I~
~ ~ ,.. 27
8. 28 ..::!
""i WfST 1/2 OF
29.1 ~ <::::
,.. NORTH 165' I~
.;::!
SOUTH 165' F TRACT 28 GOLDEN GA TE ESTA TES UNIT 32, I~
OF TRACT 28 PLA T BOOK 7, PAGE 21
"'.l
28.2 +1
fAST 1/2 27.7
J30..00' (PLA T;"1 OF TRACT 28-1
LEGAL DESCRIPTTON
BEING THE EAST 25 FEU OF THE ~ST 75 FEU B[/NC PAR T or THE SOUTH 165' OF TRACT 28, COLDEN CA TE
ESTA TES UNIT 32, PLA T BOOK 7. PAGE 21, COLLIER COUNTY, FLORIDA.
CONTAINING 4,125 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS or RECORD.
REVTSED 5-10-04 LTM
REVTSEO 5-17-04 LTM
EXHIBIT .A
'P age.:12..- of Jit1..
... NOT. A . SURVEY...
PREPAREfi BY:
LEGEND:
"''''' "" """'~"""i %11;'NfASEUENT
~ PRDPDSfD
, R.o. W. EASEMENT
Ro.W. = RIGHT OF WAY
LANG T' R, P drr.' At SURVEYOR &: MAPPER
FLORIDA RF:GISTRA. L~ IS6~?
NOT VAL/O UNLESS'SICNED BY THE SURVEYOR AND
SEALED 'MTH r'Ht'SURVEYOR'S EMBOSSED SEAL.
CERFfFfCAT[ OF AUTHORIlAnON I LB-4J
B!AR1NCS ARt fM$tO cw NQRI)t
AMERICAN DATUII (N_A.D) 1M}-IP90
AtMJS1JI(Nr STAre PLNE COORtJINATr
S)'S'1fJ,I (CRIO) FOR nmtJA EAST lONE.
PROJECT NO.:
6208'
PARCEL. NO. :
221
CLIENT, COUlER COUNTY 7RANSPORTA 71ON,
ENGINEERING Ie CONS7RUC71ON MANAGElIENT DIVISION
TITLE. SKETCH AND DescRtP710N
BeiNG PART OF THe SOUTH 765' OF TRACT 28.
GOLOW GATE: eSTATES UNIT J2. PLAT BOOK 7, PAGE 21,
COLLIER COUNTy' FLORIDA
WilsiJnMillei~-~~~
"
- . ~ . ~ . &n.oycn . /..ordIc~Archtec/I . T_."'" Oltld_
WBeClll/Mer, Ine.
_.FIIrII/i>n,_,_.r_
:IlaJ_t.,.>>IlD'___'__'fu_51I._ ...__
DATE:
04/2002
"IroJECT NO.:
N6022-002-070- TOHWP
l.oloy 1?, 2004 - 10: 41; 50 lMILLER1X: \SUR\N6022\Sketch Of Descriptions\Submil1cd\2gg203s2;?Ldwg
78
~ ~temN.1 C
~ March 28 2 6
~4' f 15
o 2~ 5u lOG 200
GRAPHIC SCALE
79
:-l;!!
~~~~
~~:t:~
~~~~
~~;!
....=<'~
;l;
PERPEruAL, NON.excI.USIVE
ROAD RIGHT .oF-MY, DRAINAGE
At<<) unUTY El-teMENr
S.OO'28'11"F. 297.01'
P.O.c.
N.F. CORNER
DF TRACT 18
680..00.' (PLA T)
WEST 105~ OF TRACT 40
PARe&.. NO. 2:;2 S
39
~
~
""
~~
~~
~
~~
i>:
!..
~ ~ ~
&
-=b'
;: 1.:l01'
..::! 5.0. ~'Irf.
975 SQUARE FEET
EAST 75' OF WEST 180' OF TRACT 40 ~
15.
40
~
~
t:::I
TRACT 40
LESS THE
PINE RIDGE ROAD
~ R.O.W.
. PROPOSED R. O. W.
~
~
..::!
EAST 150' OF TRACT 40
42
680.00.' (PLA T)
GOLDEN GATE ESTATES UNIT 34, 47
PLA T BOOK 7, PAGES 23
LEGAL DESCRIPTTON
ALL THA T PART OF THE EAST 15 FEET OF THE ~ST 180 FEET OF TRACT 40, GOLDEN GA TE ESTA TES UNIT 34,
PLA T BOOK 7, PAGE 23, COWER COUNTY, FLORIDA, AND BDNC MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF TRACT 18 OF SAID PLAT AND A POINT ON THE WEST LINE OF SAID
TRACT 40;
THENCE ALONG THE SAID WEST TRACT LINE SOUTH 00'28'17" EAST 297.01 FEET;
THENCE LEA VlNG SAID WEST LINE 105.01 FEU ALONG THE ARC OF A NON- TANGENTIAL CIRCULAR CURl/[
CONCA VE NORTH HA VlNG A RADIUS OF 5,641.58 FEET THROUGH A CENTRAL ANGLE OF 01'03'59" AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 89'03'32" EAST 105.00 FEET TO THE POINT OF BEGINNINC;
THENCE CONTINUE 15.02 FEET ALONG THE ARC OF A CIRCULAR CURl/[ CONCAVE NORTH HAVING A RADIUS OF
5,641.58 FEET THROUGH CENTRAL ANGLE OF 00'45'43" AND BEING SUBTENDED BY A CHORD WHICH BEARS
NORTH 88'08'41" EAST 75.02 FEET,'
THENCE SOUTH 00'28'17" EAST 13,01 FEET.-
THENCE 75.02 FEU ALONG THf ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE NORTH HAVING A
RADIUS OF 5,654.58 FEET THROUGH A CENTRAL ANGLE OF 00'45'37" AND BEING SUBTENDro BY A CHORD
WHICH BEARS SOUTH 88'08'52" WEST 75.02 FEET;
THENCE NORTH 00'28'17" WEST 13.00 FEET TO THE POINT OF BEGiNNING.
EXHIBIT A
Pag9.::t.!L orIQ!l
CONTAINING 975 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
REVISED. 5-:(].Q,-04: /[Tl1' "0;'
.. I ~ . . . . " ". ,_, ,
....NOT. A SURVEy....
PRfPARf.''o~~'0 'Mi'So~~1 '',;>/2"', ".
" ~.-l. ;' ~:;','I. ~j c~. ~
- S) : ~ .'
" (' . ,.....~. d", "', ,
. 'c\ '. ',Y; " ,..... ',' ,'.." ,_
LAN '.T R, Po OFf ,4L ,.sURVEYOR &: MAPPER
rLORIOA RfGiSmA : LS' is62~.: BtAJ//NCS AJIt /IASll> ON NORIlI
NOT VALIDi.JN/i's~'si"'rPBY7Hf SURVEYOR AND ~~:;:JH:':fk'~rr:
Sf.'ALED 'M TH THf." sur?'vtrOR'S [MBDSSED' SEAL. SI$IEII ICRiD) TOIl nallDA CAST ZONt.
CERFfFlCA T[ 'F AUTHDRI A nON '. -4J
PROJtCT NO.' 62081 P....Ct, NO. : 225
Wils;nMiIIBi~'~UH~
_. . ~ . E<oiogOIr . SI.noyon , L..ndoctpo ~ . Tl'IllI/>Orl&/Ioil OcnMlII"
WioonMlUor, .he:
.,. F<nl/rn._ . 81dria!.T....
3IWBIIofUnr,a.r.m.",...,__,_"_,,,, _sm._ ..._...
, '.
CURVE TABLE
NO. RADIUS DEL TA ARC TANGENT CHORD CHORD BEARING
1 5641.58' 0.1'OJ'59" 105.01' 52.50' 10.5.00.' N.89"OJ'J2"E.
2 5641.5S' 0.0'4s'4J" 75.0.2' J7.s1' 75.02' N.8S'08'41"f.
J 5654.58' OD'45'J?" 75.02' 37.51' 75.02' 5.S8'o.S's2"W.
LEGEND:
~ PROPOSf.'DR.O.W.
, R.O. W. = RIGHT or WA Y
P.O.B. = PDINT OF BEGINNINC
P.O.c. - PDINT Dr COMMENCEMENT
Mor 10. 2004 - 1J. J9: 17 LMILLERlx: \SUR\N6022\S,oteh Of Oescriptlons\Submlt\ed\2gg203s225.dwg
CUENT: COUJER COUNTY 7RANSPORTA 17ON,
ENGINeERING ~ CONSTRUCTION MANAGalENT DMS/ON
TlTLt, SKCTCH AND DESCRIP170N
BCiNG PART OF THe THt!: t!:AST 75' OF WE'ST 180' OF TRACT 40.
COLDt!:N CA Tt!: eSTA Tes UNIT .34, PLA T BOOK 7, PACt!: 2.3.
COLLifR COUNTY, FLORIOA
.flOJEeT NO.: SHttT NU~BtR: FILE NO.:
N6022-002-010- TOHWP 225 Dr xxx 200-203
D>.Tt:
04/2002
18
~ ~tem No
~ rd128,
Page 105
r;.- I
o 2~ ~ 100 200
GRAPHIC SCALE
1 C
6
15
19
'\)
",,~;l!
~~~...,
b,l::>:1;~
~~:ll~
~-';!2""
;:s~<:)~
:...~~<::>
~("j:;:?l:>
.....=<p
~
PERPET1..IAl., NON-I!XCWSIVE
ROAD RIGHT .()F-MY. DRAINAGe
AND UTILITY EASEMENT
S.0.0.'25'lrE. 297.0.1'
P.D.C.
N.E. CORNER
OF TRACT 15
650..0.0.' (PLA T)
PROPOSED R. O. W.
WEST 105' OF TRACT 40
~
39 ~ ~
~
"':::: ::..
'l1o .;::!
<'>c;")
2;t"<-j
'"
~ :s
5:
~
2 40
TRACT 40
LESS THE 1;::
PINE RIDGE ROAD EAST 75' OF WEST 780' OF TRACT 40 ~
R.o.W.
P. D.lf-AAceL NO. 2:J~
~
::..
.;::!
~
EAST 750' OF TRACT 40
1,952 SQUARE FEET
680.. DO.' (PLA T)
1J.0.2'
S. 0.'28 '17"E.
42
GOLDEN GA TE ESTA TES UNIT 34,
PLA T BOOK 7, PAGES 23
41
LEGAL DESCRIPTTO~
ALL THA T PART OF THE EAST 150 FEET OF TRACT 40, GOLDEN CA TE ESTA TES UNIT 34, PLA T BOOK 7, PAGE 23,
COWER COUNTY, FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS;
C,OMMENC/NG A T THE NOR THEAS T CORNER OF TRA CT 18 OF SAID PLA T AND A POIN T ON THf w.:ST LINE OF SAID
TRACT 40;
THENCE ALONG THE SAID w.:ST TRACT LINE SOUTH 00'28'17" EAST 297.01 FEET,'
THENCE LEAVING SAID WEST TRACT LINE EASTERLY 180.03 FEET ALONG THE ARC or A CIRCULAR CURVE: CONCAVE:
NORTHERL Y HA VlNG A RADIUS OF 5,641.58 FEET THROUCH A CENTRAL ANGLE OF 01'49'42" AND BONG SUBTENDED
BY A CHORD WHICH BEARS NORTH 88'40'41" EAST 180.02 FEET TO THE POINT or BEGINNING;
THENCE CONTINUE EASTERL Y 150.15 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCA VE NORTHERL Y HA VlNG A
RADIUS OF 5,641.58 FEET THROUGH A CENTRAL ANGLE OF 01"31'30" AND BEING SUBTENOED BY A CHORD WHICH
BEARS NORTH. 87'00'05" EAST 150.15 FEET TO THE EAST LiNE or SAID TRACT;
THENCE ALONG SAID EAST TRACT LINE SOUTH 00'28'17" EAST 13.02 FEET,'
THENCf ALONG THE NORTH LINE or EXISTING PINE RIDGE ROAD RIGHT OF WAY WESTERLY 150.15 FEET ALONG THE
ARC OF A CIRCULAR CURVE: CONCA VE: NORTHERL Y HA VlNG A RADIUS OF 5,654.58 FEET THROUGH A CENTRAL
ANGLE OF 01'31'17" AND BEING SUB TENDED BY A CHORD WHICH BEARS SOUTH 87'00"26" WEST 150.15 FEET,'
THENCE NORTH 00'28'17" WEST 13.01 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,952 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD,
REVISED 5-10-04 LTM
EXHIBIT A
Page.!LL ofJ.Q.1.
... NOTA SURVEY...
PREPARED BX: 'MLS9.NMI
, ,
CURVE TABLE
NO. RADIUS DEL TA ARC TANCENT CHORD CHORD BEARING
I 5641.55' 0.1'49'42" 180..0.3' 90..0.2' 180..0.2' N.88'40.'4I'E.
2 564/.55' 0.1'31'30.. 150.15' 75.0.5' 150..15' N.87'OO'o.s.['
J 5654.58' 0.1'31'lr ISMS' 75.0.8' 150..15' 5.87'0.0.'26'W,
LANce _R. f1 I[E AL SI!RVEYQR &: MAPpeR
n'PtfIDA; REGIS TRA'. L~Sjq627 BfA/1/NOS JJ1t BAsro ON 1irJR/H
'NOT. 'YA'I10 UNr(fis---'s!CNED ,.f3Y THE SURVEYDR AND ~:t~JN.:&r'~IE
So.L'€D~ 'MTH THE SU~kfY.Qf.~ EMBo.SSfD SfAL, SIS/DI ICl/JDI'OI/ 1't0l/fD' WT lONE.
CERFlt'fCAlI 'o.F .,4liTHo.RIZAJION # LB-43
PROJECT NO... . '6208'" ..,,' p....eEl. NO. : 226
Wils,nMiller'k'~~'-
- . -.. ~~ . S\Iwycro . ~-, . Tr,roportaHo>\CCM/IonI,
WiltonMilJer. /no.
lIo>Io. Fu1l!wo. SIr..... lR_,T_
OlW"'lMlo9h1X'NrPII_~._ .._."" ~'SlIl.w.o-Sia__
LEGEND:
~ PRDPDSED R.O. W.
R.D. W. = RIGHT Dr WA Y
P.D.B. = PDINT or BECINNING
P.o.C. = PDINT Dr CDMMENCEMfNT
lAoy 10. 2004 - 14. 2J: 02 LMllLER!X: \SUR\N6022\Sk.tch Of O.scriPlion.\sub"'ill.d\2~~20Js226,dwg
CLIENT, COLUER COUNTY TRANSPORTA TlON,
~GtNEE:RING &: CONSTRUCTION MANAGEMENT DIVISION
TITlE: SKETCH AND DESCRIPTION
BEING PART OF THE: THE EAST 150.' OF TRACT 40,
GOLDEN CA To ESTA ToS UNIT J4, PLA T BOOK 7, PAGe 2J,
COLLIER COUNTY, FLORIDA
PROJECT NO.: SHEET NlJMB~R: "l.E NO.:
N50.22-00.2-010-TDHWP 225 OF xxx 2GG-203
DATE:
04/200.2
I: I ~
, I !t:
. ~
,I '<:
~
o
~
~
~
3
o
l:"'l
o;t,:,
<::l. t'.t:l
~~
"=":h.
~~ '
:>j:lo; c;")
:tI ~ :t..
.-- ~
~~ '""'
-"';'l,/) '~J
!:'i
~(J
GERMAN WOODS.
PLAT BOOK 23, PAGE 62
2
501.48' (PLAT)
PROPOSED 50'
DRAINAGE EASEMENT
7,776 SQUARE FEET
~
~
i:;;
,..
<..,
P. NO. Q' ()/ -:
~
A
..::!
J229
JJ 28
EXISTlNC 100' EASEMENT
FOR R.o. W. PURPOSES
(PER PLA T)
50.0..87' (PLA T)
GOLDEN GA TE UNIT 7.
PLA T BOOK 5, PAGES 135-146
~~t",mN C
March 28,2 06
~ I r f 15
o 2$ 110 100 200
GRAPHIC SCALE
GOLDEN GA TE ESTA TES UNIT 30,
PLA T BOOK 7. PAGE 58
EXISTING la' EASEM NT
rOR DRAINAGE PURPOSfS fR PLA r
EXISTING 10' f'ASEMEN
FOR F. P. &L. PURPOSfS f'R
O.R.B. 2040, PAGE 19
EXISTING Jo.' EASEM NT
FOR R. O. W. PURPo.SES P 'R PLA T
117
717.1
LEGAL DFSCRIPTTOf.(
BDNG THE NORTH 50 FEET OF LOT I, GERMAN WOODS. PLA T BOOK 23, PAGE 152, COLLIER COUNTY, FLORIDA,
LESS THE EAST 100 FEET.
LEGEND:
~ PROPOSED DRAINACE EASEMENT
R. O. W. = RIGHT or WA Y
D.R. 8. = orrlCIAL RECORDS BDDK
F.P.&L. "" FLDRIOA POWER de LIGHT
CONTAINING 7, 716 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RfSTRICTlONS OF RECORD.
... NOT A SURVEY...
PREPARED BY:
AL SURVEYOR &: MAPPER
FLORID,A,RECISTRA L5',#5627,
NO}'.JAUD UNLE:;S"SICNfry' 8Y:THf SURVEYOR AND
SE~LflJ)YfTH THE 'SURvrYOR:S EM80SSED SEAL.
C(RfIACA)! OF 'AUTH~RIZA:pON I LB-4J
PROJECT NO.: , '62OBf... P....CEL NO. : 801
WilsqnMiIIBi'~-~~"-
Plmtort . ~ . ~ . a.rwr.n, ~Ardoiec1. . _.b c-I..~
WlioonMler;1nc:.
_'I\rf~'_'_'T_
=_LMIoa6tIOO,NrjlIot__._ _.,., _.,..___
/JI.'ARlNCS AI/C 'ASeD ON NORTH
IUl{l/(CAI/ /l<TlJII IHA.O) 'HJ-"~
AlMJS711INT STAlE PlANt C()(J/lOINAIE
S'lSTtIl (fJIftD) "", Ilaq,cA tAST lONt.
EXHIBIT A
Page..1K.. of.J.fl.
PERPET'IJAL. NON-EXCLU8tYE
DRAINAGE EASEMENT
CU[Nl: COUJER COUNTY TRANSPORTA T1ON,
ENGINEERING ct: CONSTRUCT1ONMANAGENENT DIIAS/ON
mLE. SKETCH AND DES~/P"'ON
BEING PART OF LOT I,
GERMAN WOOOS, PLA T BOOK 2J. PAGE 62,
COLLIER COUNTY, FLORIOA
(lATEI PROJeCT NO.: SiHttT "IUMElE": "1l.E NO.:
04/2002 N6022-002-010-TOHWP 801 OF XXX 2GG-20~
Jut '1 2002 - '4: J2: 2J JNAPIERIX' \SUR\N6022\5ketch Of OescrIPUon.\Submltted\2gg20JS80,.~wg
4
PROPOSED ! I
DRAINAGE ~ I ~
EASEMENT ~
.1\ ~
'1 ~
c
'lJ 15
i~~
c:::
'1 ~
. "-,J
tll
-II
GERMAN WOODS,
PLA T BOOK 23. PAGE 62
tg
c::::
~
~
o
t'-t
o;t1
c). ~
~~<
~~
=<:i::..: ~
:-0 ~ :t.
i: C"l ""3
'=:!.::..:~
[:q
~
-.
PROPOSED 50'
DRAINAGE EASEMENT
9.770 SQlJARE FEET
2
~
...
~,
r--
~
I"i
~
~
C)
::::!
~
~
3
SOI.8J' (PLA T)
MRCE' NO.
&-09-
Ie
"'"
...
~,
~
:..
..::!
50.1,48' (PLA T)
'1
II
1
~
1-
o 2~
~erlINO
March 28,
I r
:l(t 100 200
GRAPHIC SCALE
1 C
6
15
EXISTlNC Jo.' EASEU NT
FOR R.O. W. PURPOSES P R PLA T
EXISTlNC 10' EASEItl NT
rOR DRAINAGE PURPoses fR PLA T
EXISTING 10' EASEAlENT
FOR F.P.4lL. PURPOSES [R
ORB. 2040. PAGE 19
717
117.7
Ie I
~ I
~, GOLDEN GA TE Esr)TE:S UNIT 30,
PLA r BOOK 7, AGE 58
50.'
LEGAL DFSCRIPTTON
B[/NG THE NORTH 50 FEET OF LOT 2, GERMAN WOODS, PLA T BOOK 2J, PAGE 62, COLLIER COUNTY, FLORIDA.
CONTAINlNC 9,770 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
EXHIBIT Jl
Page~ of..J.D.
PERPETlW., NON-EXCLUSIVE
DRAINAGE EASEMENT
CLIENT. COLUER COUNTY 7RANSPORTA 77ON,
ENGINeERING . CONS7RUC77ON MANAGEMENT DIVISION
roLE: SKETCH AND DESCRIP710N
BEING PART OF LOT 2,
G[RMAN WOODS, PLA T BOOK 2,J, PAGe 52,
COLLIER COUNTY, flORIDA
PROJECT NO.:
N5022-002-010- TDHWP
... NOT A SURVEY ...
PR[PAR[D BY:
LANc.r _R,fA 'DF[, A~ SURV[YOR &: MAPPER
FLORiOA:RWISTR~" LS #5627.'
NOT;VALIF,uNLiss SiCNED BY THf SURVEYOR AND
stALED '.WlTH TH( SURVEYDR'S 6MBOSSED SEAL.
CE~:~f~ ~~~F A~THORlZ~~~~!; LB-4J
PROJECT NO;; ,62081 . . P....CEL NO, . 802
'WilsonMillei~-~~-
~ '
-. . -. . EC<J/ogio~ . -.... . ~~ ,hn.pm....c...."'....
\II.Uor!I.Iier,inc.
NfI*"Ii:rl,",._ '_.1....
.Tall_~~IJ1).~__.""" _'FfIIIHCHIIl,___
8!AmN~ ARf BASCO ON NORTH
AIIfRICAN DAllAl (N..A.D) 'NJ-"1fJ
AlMJS'TIJENT STArr P1.A~ COt:iIOIHAtr
SI'S:TD/ IfJII1T)) "'" ""'"" CAST ZtH.
DATE:
04/2002
Jul 11, 2002 -. \4: 34' 18 JNAPIER!X: \SUR\NEi022\Sketch Of Descrip!iO(ls\SUbmi\tcd\2gg20,3$B02.dwg
LEGEND:
l<:x>o<><><x>f PROPOSED DRAINAGE EASEMENT
R. D. W. '" RIGHT OF WA Y
ORB. '" OFFICIAL R[CORDS BDOK
r.p.&L. = F~ORIDA PDWfR 4l UGHT
rilE NO.:
2GG-20.J
4
II
PROPOSED '
DRAINAGE,,\ ; I
EASEMENT \l
.11
'1
50.'
502.26' (PLA T)
1.1)
~ ~
:i! ~
r- .
~"'"
,." ~
C..::!
'"'i
~
"
:::::i
~
'"
'-0
~
(';:)
~b
c:,. ~
~~<
~~
::tj:J>,: ~
::>;)~ ~
;: C"1 ..,
..;::jAtri
tq
~~
'-<:<
:t.:
t-<
I;')
~ II ~
.-.H ~
I ~
,I g
C.f)
PROPOSED 50'
DRAINAGE EASEMENT
9.760 SQUARE FEET
3
PARCEL NO. ~ /j '3
~
~
50.1.8J' (PLA T)
--;
GERMAN WOODS,
PLA T BOOK 23, PAGE 62
2
~
1-
o 25
~ltemN. C
March 28 2 6
I ~ ~ f 15
~o 100 200
GRAPHIC SCALE
GOLDEN GATE EST. TES UNIT 30,
PLA T BOOK 7, PAGE 58
iQ
!-T1
~.
117
7171
0.'
EXISTING la' EASEMf,
FDR F.P.r!tL. PURPOSeS [R
O.R.B. 20.40., PAGE 19
EXlSnNG 10' EASEM NT
(') FOR DRAINAGE PURPOSES 'fR PLAT
~
'"'i
II
1
LEGAL DFSCRIPTTON
BEING THE NORTH 50 FEET OF LOT J, GERMAN WOODS; PLAT BOOK 23, PAGE 62, COLLIER COUNTY, FLORIDA.
CLIENT. COUJER COUNTY TRANSPORTA 71ON.
E:NGtNCERING It CONSTRUC71ON IJANAGEUENT DIVISION
TiTLE: Sl<0CH AND DESCRIP710N
8DNG PART Of' LOT J,
GeRMAN WOODS. PLA T BOOK 2J, PAGE 62,
COLLIER COUNTY, FLORIDA
PROJECT NO.:
N6022-002-010- TOHWP
CONTAINING 9,160 SOUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
... NOT A SURVEY...
LANe r' R, Po OFf ,fd,L SURVEYOR &: MAPpeR
FLORIDA ,f?EGlS~A ,.. LSi,i5627
NOT VALto. UNLESS:SIGNE/) BY: THE SURVEYOR AND
SOLED' .WlTH THe SURVE-Yoe.'S EMBOSSED SEAL.
",1 " ,', "
CfRFiPtCA ~:OF,AUTHfJI?ltATlo.N j LB-c4J
'.OJECT NO.: 62081 ".CEL NO, : SO:J
Wils;nMilleiN'~W'-
- . ~ . ~ ,-- 'I.._PpO AroNI_ .ltwpcr1111ln CoNul.....
WilcnI.IiIIer, me.
""""MItn'_._,r_
-"'TLIooU,""'-""__,/lIn _.'" iH4H7If.__...
BCARiNGS ARt SASllJ ON NOIilH
AIII:RICAN DA/lIIt IUD) INJ-r,go
AD.IJ$DltliT STAlE PlANr COOIlOWArr
SYSIEII I_I 'OR noow (ASr ZONC.
DATE:
04/2002
Jl.Il 11, 2002 - , 4: J6: 07 JNA,PIER!X; \SUR\N6022\Si<etch Of Oescriplions\Submitfed\2gg203s80J.dwg
EXHIBIT .1
Page~ of..J.D....
PERPETUAL, NON-EXCLUSIVE
DRAINAGE EASeMeNT
LEGEND:
kx><><><>o<>f PROPOSED DRAINAGE EASEMENT
R.D. W. = RIGHT Dr WA Y
D.R.8. = OFFICIAL RECDRDS BDOK
F.P.&:L. '" FLORIDA POWER 4r LIGHT
F1LE NO,:
2GG-203
96
;1
I
I
)'ti ~~m No. 11 C
L4 ~ March 28, 6
~of 5
~- c:::::::l
Q. 250 ~ 100 zoo
GRAPHIC SCALE:
GOLDEN GA T[ ESTA TE5 UNIT 30,
PLA T BOOK 7. PAGE 58
50.2.75' (PLAr)
<0
~
~
~
o
t'-l
o;t:::.1
c:.. t:I:l
~<
-=--:.;:
~~
;0:..: ~
"1:l~ ~
~r"1 ~
..:::!,:b.t1:l
~
~~
~~
t'-l
50.'
PROPOSED 50'
DRAINAGE EASEMENT
9, 750 SQUARE FEET
~
)"
..::!
,..tNO.
<0
~
:5.
R'O.y
<0
~
~ GOLDEN GA TE EST. TES UNIT 30,
PLA T BOOK 7, PACE 58
3
PROPOSED
DRAINAG[~: I ~
EASEMENT ~
I ~
. I <:
'1 ~
1-.0- g
. 1 iJJ
[XISTlNG 10.' EASEM[.
FOR F.P.&l. PURPOSES [R
a.R.B. 20.40., PAG[ 19
50.2.26' (PLA T)
~
:t
r-
~
....,
~
~
(')
:::!
~
~
117
717.1
GERMAN WOODS,
PLA T BOOK 23, PAGE 62
EXISTING 30.' EASEM NT
FaR R.o. w. PURPaS[S P R PLA T
2
: I
tl
eXISTING la' EASEM NT
FOR DRAINAGE PURPDSfS [R PLA T
LEGAL DESCRIPTTON
BDNG THE NORTH 50 FEU OF LOT 4, GERMAN WOODS, PLA T BOOK 23, PAGE 62, COLLIER COUNTY. FLORIDA.
CONTAINING 9,750 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS &- RESTRICTIONS OF RECORD.
EXHIBIT 4
Page.1QL of..Ja
PERPETuAL, NON-EXCLUSIVE
DRAINAGE EASEMENT
... .NOT A SURVEY...
LANe. 'T' R,l P OFE 'AL SURVEYOR de MAPPER
fLQf?IDA.REGiSTRA L/;,"/5527.
. \. '," " ~ J'" I .' . t',;
,..fot., VALID UNLESS SIGNee BY THE SURVEYOR AND
S[AL(D ''M.TH THE SUR VErOR 'S [MBOSSED SEAL.
. ,,-'.,.',,, .... ......
CERFIFlCATE, or 'AUTHORI!A noN I L8-.4]
, ,'.... ~ . ".' , ,
BlARINCS AM SASEO ON NORIk
AMCJ/ICAN lI</1.llI (IUD) INJ-'",
AlJ.AJSD/CNr STA 1(' fItANC COl.1'QWA 7r
Sl'$7EIIIGRID) "'" 1l0lllA CAST ZON{.
LEGEND:
~ PROPOSED DRAINAGE EASEMENT
R.o. W. '" RIGHT Dr WA Y
D.R.B. . DrFICIAL RECORDS 80.01<
r.P.&L. = rLORIDA POWER &- LIGHT
PROJECT NO,:
62081
PARCEL NO. I
804
CUENT, COUJER COUNTY TRANSPORTA TlON,
ENGINEERING tt CONSTRUCTION MANAGEMENT DIVISION
TITLE, SKCTCH AND DESCRlPTlON
BtlNG PART aF LOT 4,
GeRMAN WOODS. PLA T BaOK 23, PAGe 62,
caLLieR cauNTy, FLORIDA
DATE: PROJEC1 NO.: $HEtT NUWSEft: F"lL( NO.:
0.4/20.0.2 N6G22-oo2-alo- TDHWP 804 OF" XXX 2GG-20J
WilsfJnMillei~"~~-
..
I'Iomn . ~ ' Ecok>gill. ' Sln<o)<n , ~ ~ . r...........""" CorWtaro/.
1W6cnI.fier, Inc.
_'f<r1l1!ln._._.r..,.
l2l)1lolIr~!Ullal'~__,_ _./'IrNH4H7l.___
No. 14, 2002 - 11: 39' OJ LMILLERlx: \SUR\N6022\Sketcn 01 Descdplion,\Submill 'd\29920J,e04 dW9
_ -.l _ 82- _ _ _
58TH STREET SOUTHWEST
S04.19' (PLAT)
~ E)(1S."NC 60' CASEMENT -
FOR R. O. W. PURPOSES PER PLA T
~~2~~
~
o ~$ 1IO 100 ~oo
CRAPHIC SCA~E
1 C
6
15
So.J.S8'
FEE SIMPLE TAKING
196.728 SQUARE FEET
96
g:
;:>
~
~
:..
~ ..::! 95
<0
,..
~
COLDEN GA TE ES TATES UNI T 30,
PLA T BOOK 7, PAGf 58
PARCEL NO. ~05
S0.2.70' (PLA T)
GERMAN WOODS,
PLA T BOOK 23, PAGE 62
4
I
II
177
117.7
LEGAL OCSCRIPTTON
BONG THE EAST 391 FEET OF TRACT 95, GOLDEN GA TE ESTA TES UNIT 30, PLA T BOOK 7. PAGE 58, COLLIER
COUN TY. FLORIDA.
CONTAININC 196,728 SQUARE FEET MORE OR LESS, SUBJECT TO THE [XISnNG 160' DRAINAGE EASEMENT PER
- PLA T AND OFFICIAL RECORDS CONTAINING 62,560 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS .& RESTRICTIONS OF RECORD.
EXHIBIT 11-
Page-LfL of.J.D..
... NOT A SURVEY...
LANC,', AP'OF[, _ _. AL SURVEYOR &: MAPPER
-_ F~r;nJOA\R[GISTRA LS #56?':
I :,.', ".' " .':, I, '; I ~
'NOT V-'ltfD UNLESS'SIC!f[OlBY THC SURVEYOR AND
SEALEO''i4TH THe SURVE.Y/:?R'SEMBOSSED SEAL.
, '/"", "" . . ....1' _,'
CERrIFfCA,? oF' ~i.JTHORIZA nON I LB-4J
BCARNCS All( BASED ON fQr7H
~=N~::t~t~rc
Sl'51D1 I_I TOIf IlOlll?A CAsr ZONt.
LEGEND:
~ "" "" "" "" ""'\1 EXISTING DRAINAGE EASEMENT
~ PROPOSED ACOUISITIDN
R. O. W. . RICHT or WA Y
PROJteT NO.: 62081 PoUlCt, NO. : 805
Wil.MiIIBIN'~""~
I'larwwI . ~ . .~ . Suw""" 'l.Andeocpo.lrdwlocto ' T_a'lon ~
WiIIonMiIer, Inc,
_'F<rlI/iWJ''''''''._,r"""
ml8olorLn.1lb1lO''''__''_IH4Hl<<I'Fa _1:11._ __
CLI!:NT: COLLJER COUNTY TRANSPORTATION.
/!NGlNaRING It CONSTRUCTION MANAGEMENT DIVISION
TITLE: SKETCH AND DESCRIPTION
BeiNG PART OF TRACT 96,
GOLDEN GATE eSTATE:S UNIT :so, PLAT BOOK 7. PAGE 58,
COLLieR COUNTY, FLORIDA
OATE.: PROJECT NO.: SHEET NUYS[R: "JLt NO,;
04/2002 N6022-002-070- TDHWP 80S OF xxx 200-203
Nov 14. 2002 - 11: 44; 54 LMUERIX: \SUR\N6022\Skelch Oi De.criplion.\SubmiUed\2gg20J.a05.dwg
GOLDEN GA Tf ESTA S UNIT 30.
PLA T BOOK 7. AGE 58
PROP SED
.R.,O~E.. ~M:~
~
~
o 2'
~emNO 1 C
d128, 6
Page 111 0 15
] I
50'00 20Cl
GRAPHIC SCALE
707.7
707
706
106.7
EAST LINE OF SECTION 29
SANTA BARBARA BOULEVARD
120.0.0.' (PLAT)
25
GOLDEN GA Tf UN! T 6,
PLAT BOOK 5. PAGES 124-134
2
~ ~
....~ !:!
3~5:!
.......
~
~
4 ~ 5 6 7
~
:..
..::!
BLOCK 225
20.' ALLEY (PD? PLA T)
PROPOSE. 25'
D AINA GE [. SEMEN T
26 3,125 SOUA FEET
25 24
BLOCK 225
23
22
27
20
79
18
CO DEN CA TE NIT 6,
PLAT B OK 5, PAC. S 124-134
55TH TERRACE S.W.
COLDEN GA TE UNIT 5,
PLAT BOOK 5, PAGES 124-134
I
~I
'I
,
BLOCK 224
LEGAL OfSCRfP nON
BDNG THE SOUTH 25 FEET OF LOT 4, BLOCK 225, GOLDEN GAT[ UNIT 6, PLAT BOOK 5, PAGES 124-134,
COLLIER COUNTY, FLORIDA.
CONTAINING 3,125 SQUARE FEU MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS or RECORD.
EXHIBIT A
~ 103 of-..li 7
PARCEL NO. &:>0
PERPETUAl, NON-ExCLUSIVE
DRAINAGE EASEMENT
*** NOT A SURVEY ***
LEGEND:
~ PROPOSED DRAINAGE lASEMlNT
ANDREW 8. ,BECK, PROF[SS!ONAL SURVEYOR d:- MAPPER
FLORIDA RlGlSTRA "C>>j is /6065
NOT VAUD 'UNLfSSSICNfD BY THE SURVEYOR AND
SEALED 'MTH THc 'SURVEYOR'S EMBOSSED SEAL.
CERFIFlCATF OF AUTHORIZAnON I LB-43
ICA1I1NCS ARr &<Ie (IN 1It11I1II
~::~~1t
mini (/iIIID) Tal n___ CAST za.t.
R.O. W. = RIGHT OF WA Y
PROJECT NO" 62081 PARCEL NO. , 806
Wils6nMillel'-'~~-
l"
I'tm<rr. ~ 'f<:aIogIIIr. an.,.n. ~Arcl'IIocII' TfI/lIIll>"fIbl~
ItflIonWho; tlc.
,.....""......'_._.T_
_....Lft,u,IJI/},,.,...__.""'" _."._.___
2) REV/SED 05-01-00/
1) REVISED EASEMENT 5-JO-OJ
COLLIER COUNTY TRANSPORTA TlON,
ENGINEERING k CONSTRUCTION MANAGEMENT DIVISION
TITLE, SKeTCH AND DESCRIPTION
BEING PART OF LOT 0/, BLOCK 225,
GOLDEN GATE: UNIT 6, PLAT BOOK 5. PAGES 124-130/,
' COLLIER COUNTY. FLORIDA
PROJECT NO,; SHEET NUUBER: F"JLE NO,;
N6022-002-01O-TDHWP 80.6 OF XXX 2GG-20J
[),A,TE:
001/2002
CliENT:
Jun 01, 2004 - 15: 00: ,. ~Rn"Es,x: \SUR\N6022\Skoleh 0' o.ocrIpU....\Submlt l.d\2~920.).eo6.dwg
107. 7
107
106
706,7
~~Item .1 C
~ o. ch 28 2 6
Page 112 f 15
~ j
o 2~ 110 100 200
GRAPHIC SCALE
GOLDEN GA T[ ESTA S UNIT 30.
PLA T BOOK 7, 'AGE 58
PROP SEO
.R~O~['. ~MENT ~
20.' ALLEY (PER PLA T)
GOLDEN GA TE UNIT 6,
PLAT BOOK 5, PAGES 124-134
EAST LINE OF SECTION 29
SANTA BARBARA BOULEVARD
2
7
BLOCK 225
26
25
BLOCK 225
23
22
79
78
24
GO DEN GA TE 'NIT 6,
PLA T B OK 5. PAC, S 124-134
55TH TERRA CE S. W.
GOLDEN GA TE UNIT 6,
PLAT BOOK 5, PAGES 124-134
I
~I
'r
.
BLOCK 224
LEGAL OESeR!? nON
(TEMPORARY CONSTRUCTION EASEMENT (TCE))
BEING THE NORTH 25 FEET OF THE SOUTH 50 FEU OF LOT 4, BLOCK 225, GOLDEN GATE UNIT 6, PLAT BOOK
5, PAGES 124-134, COLLIER COUNTY, FLORIDA.
CONTAINING 3,125 SOUARE FEET MORE OR LESS.
SUBJeCT TO EASEMENTS &- RESTRICTIONS OF RECORO.
EXHIBIT II
Page..1G!i of.k:1.
PARCEL NO. r; 01;
*** N.or, A SURVEY ***
TEMPORARY
CONSTRUCTION EASEMENT
(DURATION: 3 YEARS FROM
COMMENCEMENT OF CONSTRUCTION)
LEGEND:
~ '" '" '" '" '" ~ lfMPORARY CONSTRue nON fASEMENT
<<-_BAllDtM_.. R.O.I+: .. RIGHT OF WAY
=:"~~~/~II'
ml!lll/lllOO.l/'rJlfIl_c.uIZ-.
p"<>JEer NO.: 6208 1 P"'CE~ NO. , 705
Wils;nMiller-'~uu-
-'~'EcollgI%,~.~_.~...~
~ tlc.
-.Frr1......_._.!loIo
lD""l.oio...m.~__._ _.,.,_,___
CLIENT:
.!un 01, 2004 - 15:01:57 I(RIMESIX:\SUR\N5022\Skotch Of One,lp\lonl\Sullmltlld\299203IBOBA.dwg
COLLIER COUNTY TRANSPORTA nON,
ENGINEERING && CONSTRUCnON MANAGEMENT DIVISION
rlTLE, SKETCH AND DESCRIPnON
Bf:ING PART OF LOT 4, BLOCK 225,
GOLOf:N GATE: UNIT 6. PLAT BOOK 5, PACE:S r24-r.34,
COLLIER COUNTY, FLORIDA
PROJECT NO.: SHEa ~8ER: rlU: NO.1
N60.22-002-0I0-TDHWP 806 or xxx 2GG-20JA
OATE:
~/2002
GOWEN GA TE ESTA S UNIT 30,
PLA T BOOK 7, AGE 58
PRO OSED
R.O.W. S[M[N~~
~. ~ltemN
~ -, - March 2
~3
... r:::::=::1
o 2~ ~ 100 200
GRAPHIC SCALE
. C
2 06
f 15
107.7
707
106
106.1
EAST LINE OF SECTION 29
SANTA BARBARA BOULEVARD
GOLDEN GA TE UNI T 6,
PLAT BOOK 5, PACES 124-134
2
3
4
5
F SIMPLE
10.000 SQUARE.
6
KING
7
BLOCK 225
20' ALLEY (PER PLA T)
S
26 25 24 ~
~
:t.
BLOCK 225 ..::!
22
21
20
19
18
eo..o.o.' (PLA T)
55TH TERRACE S. W.
GOLDEN GA TE UNIT 6,
PLAT BOOK 5, PAGES 124-134
I
~I
, I
,
BLOCK 224
LEGAL DESCRIPTTON
BEING ALL OF LOT 23, BLOCK 225, GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGES 124-134, COLLIER COUNTY,
FLORIDA.
CONTAINING 10,000 SQUARE FEET MORE OR LESS.
SUBJECT TO EASfMENTS & RESTRICTIONS OF RECORD.
EXHIBIT ..L
Page /()~ ot.M:L
.~~ NOT A SURVEY...
, ).. " . . .
'J .
'LANe T R;R OFf.
.:''fL,OI!'(J~ RECisTRA .:L5Is627
'ND7. VALiD UNLESS SIGNED BY THe SURVEYOR AND
SEALED 'MTJ./ THE SURVEYOR'S eMBOSSED SEAL.
CERFfFfC,I., T[ OF AUTHORIlA nON 1 LB-4J
IItIoR1NG$ NIC BA5!l> ON NCl/1H
AMDIJCAH IJArrJI/ (N.A.D) /H)-/ftIl
A/WS/lItNT SIAIr I'W/t COOIIDINAIr
5n7EIII_1 TrJ1f 11."""" lAST Z01IC.
LEGEND:
kX><><X><><>i PRDPOSfD A COUISfTlON
R.D.W. . RIGHT OF WAY
PROJECT NO., 62081 PARCo. NO. : 807
Wil.Millei'.'~""~
-, erv;-.. ~. an.,.n. ~~. ~""""'"..
1liIcnYIler, he.
..../VIiI)In'_._.T_
=....lAUtfD).___.__."" ~._ ___
eUEHT: COL.UER COUNTY TRANSPORTATION.
ENGlNEERlNe tt CONSTRUCTION MANAGEMENT DIVISION
TITLE: SKE:TDI AND DGC;RIPTION
BclNG ALL OF LOT 23, BLOCK 225,
COWcN GATE: UNIT 5, PLAT BOOK 5, PACES T24-134.
COLLIER COUNTY, FLORIOA
ClATE: PRQ.,lEcr NO.: SHEET NUMBE~ f:"lL.E; NO,:
04/2002 N5022-002-010- TDHWP 807 OF xxx 200-203
Jul 11. 2002 - , 0: 06: 45 JNAPIERIX, \SUR\N6022\Skotch Of 0..cdptlon.\SubmiUod\2gg203s807.dw9
EAST LINE OF SECnON 29
SANTA BARBARA BOULEVARD GOLDEN GATE UNIT 6,
PLA T BOOK 5, PAGES 124-134
~(!.ltomN. C
March 2 ,2 6
I ~ '14 of 15
~o 100 200
CRAPHIC SCALE
2 3 4 5
BLOCK 225
20.' ALLEY (PER PLA r)
26 25 24 23 22 21 20
BLOCK 225
I
55TH TERRACE S,W. g:,
"
6
7
~
I:J1 ~
~ 75 ~
~ ~
~
BLOCK 181 ~
BLOCK 216
~
~ 16
18
12
I
r:tDf g:,
'I
~
tJ'1
~ 7
(J
0
~ BLOCK 224
"-3
~ 16
~
13
11
LEGAL DFSCRIPTTON
BEING THE NORTH 25 FEU OF LOT 14, BLOCK 216, GOLDEN GATE UNIT 6. PLAT BOOK 5, PAGES 124-134,
COLLIER COUNTY. FLORIDA.
CONTAINING 3,125 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD,
EXHIBIT A
P8ge~ of....lfiL
PERPETUAL, NON-EXClUSIVE
DRAINAGE EASEMENT .
.~~. NOT;',A. SURVEY ...
" . I: I
"'R. p Ofi "At SURVEYOR ~ MAPPER
" fL()RID~ RECISTRA .cs 15627
" ~ ..' "........' . ,-
Nor 'VALID, UNLESS SIGNED BY THE SURVEYOR AND
SEALED,W1rH. .THt~.sURVEYOR'S EMBOSSED SEAL.
CERAFICAT[ OF AUTHORIZA7tDN I LB-4J
SCARINCS ARE lWill ON NOIfrn
AMEIITCAN 1loI n.w (N.A.D) 'NJ-,IIO
ADNSTlKNT swr PuNt: -'11'
SYS7EII (tiRfD1 TOIIIl.GlIIlM CAST ZONe.
LEGEND:
~ PROPOSED DRAINACE EASEMENT
R.O.W. = RIGHT DF WAY
PROJEC'r NO.: 620Bf PARCEL NO. : 80B
Wil.Miller.'~~-
-. .~'.EotJ/agIIII.~.l.nIIcII>>_ .~~
MIono\IIer, tJc.
,",*,.Flrt~._._.r..,.
mJ8IIlyI.n.UoIOO.,.,__._ _.", _.___
CUENT: CC1U..IER COUNTY TRANSPORT... TlON,
ENGINEERING I: CONSTRUCTION MANAGEMENT DIVISION
TITlE: SKETCH AND DESCRIPTION
SelNG PART OF LOT 1~. BLOCK 216.
GOLDeN GATE: UNIT 6, PLAT SOOK,. PAGeS 124-1':J4,
COLLIeR COI./N'TY, F'LOR/DA
QATEI PIItO..lECT NO.: SHEET NUW8E:R: FILE NO.J
04/2002 N6022-002-010- TDHKP 808 or xxx 200-203
Jul 11, 2002 - 10: 07: 03 JNAPIERIX: \SUR\N6022\Skelch Of Oe.crlptlons\SuDmltled\2gg203sBOB.dwg
EAST LINE OF SECTION 29
SANTA BARBARA BOULEVARD COLDEN GA T[ UNIT 6,
PLAT BOOK 5, PACES 124-134
. C
2 06
f 15
2 3 4 5 7
6
BLOCK 225
20' ALLEY (PER PLA T)
26 25 24 22 21
BLOCK 225
I
55TH TERRACE S. W. g;1
~.....~. 'I
~ ~~
CJ'l ~ CJ'l
~ 8. ~
15 14 ~
,. (J
~ ~
BLOCK 216 C
125.06' (PLA T) ~ BLOCK 224
BLOCK 181 ~
12 "-3
~ 16 ~ 76
~ ~
17
LEGAL DESCRIPTTON
BEING THE SOUTH 25 FEU OF LOT 13, BLOCK 216, GOLDEN GA T[ UNIT 6, PLA T BOOK 5, PAGES 124-134,
COLLIER COUNTY, FLORIDA.
CONTAINING 2,374 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS &: RESmlCTIONS OF RECORD.
EXHIBIT A
Page-LQl of-LQ]
PE~ lllAL.. NON-ExClUSI\IE
ORAtNAGF. F.AS~MI';NT
...NOT .A . SURVEY ...
'R,. P OFf. AL SURVEYOR Jt MAPPER
FLORIDA REGlSTRA LS 15521
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED a7TH THE SURVEYOR'S EMBOSSED SEAL.
eERF/rICA TE OF AUTHORIZA TlON I LB-.4j
BfA"""" ARC BA.5I'D (II NOI/1//
A.lIlJiICAN A41lM (HollO) tIl,J-I'JD
ATMISllltNr stAIr Pl.ANC al<IIIlWA /l'
mIDI ICI/I{)I _ n-.. CASr ZOIIC.
LEGEND:
~ PROPOSED DRAINAGE EASfMENT
R.O.W ~ RIGHT or WAY
PlIOoItCT NO.: 62081 .....eEL NO. : 8Of1
WilsOnMilleIM-~~-
,.
- . ~ . E<:oioQiN . ~ ' lMldapoAn/llloclr . ~ """""....
Wi8<riIier, tlc:
,.",..Ii>1",,"'_'_.T_
oIIlI)""lAno"ItfJ.~___.""" _'Fu_.___
CLLENT: COLLIER COUNTY TRANSPORTA nON.
ENGINEERING ~ CONSTRUCTJON MANAGafENT OMS/ON
TlTLt: SKETCH AND OESCRtpnON
BEING PART OF LOT 13, BLOCK 215,
GOLDEN GAre UNIT 6, PLAT BOOK S, PAGES 124-134,
COLLIER COUNTY, FLORIDA
DATI::: PROJECT NO.: SHEET NUloIBE:R: F'U NO.:
0.4/200.2 N60.22-002-0'O-TDHWP 809 or xxx 200-20.1
Jul 11. 2002 - 10: 07: 19 JNAPIER!X: \SUR\N6022\Sketc" or Oe,cripllon.\Submllted\2Q920JsB09.dwg
Agenda Item No. 100
March 28, 2006
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee
simple interests and/or those perpetual or temporary easement interests necessary for the
construction of roadway, drainage and utility improvements required for the extension of
Santa Barbara Boulevard from Davis Boulevard to Rattlesnake Hammock Road. (Capital
Improvement Element No. 32, Project No. 60091). Estimated fiscal impact: $10,918,000.
OBJECTIVE: To adopt a resolution authorizing the acquisition by gift or purchase of fee simple
interests and/or perpetual or temporary easement interests necessary for the construction of the
Santa Barbara Boulevard Extension Improvement Project from Davis Boulevard to Rattlesnake
Hammock Road (Project No. 60091).
CONSIDERA TIONS: After years of debating the need for, and the alignment of the extension of
Santa Barbara Boulevard from its present terminus at Davis Boulevard south to Rattlesnake
Hammock Road, the project has been adopted as part of the County's Long Range Transportation
Plan (LRTP), an alignment has been selected, and the roadway is under design.
Staff anticipates that this project will go to construction during fiscal year 2007; therefore, the right-
of-way parcels must be purchased before that time. Agnoli, Barber & Brundage, Inc, recently
submitted the 30% construction drawings. This milestone triggers the right-of-way department to
begin preliminary acquisition work,
Adoption of the attached Resolution will provide staff with the Board's authorization to secure title
work, obtain independent real estate appraisals, and to negotiate for the purchase of the required
right-of-way.
FISCAL IMP ACT: Staff estimates the total cost to acquire the necessary right-of-way may run as
high as $10,918,000. However, this figure is only an estimate. In the event that condemnation can
be avoided, and all of the impacted right-of-way can be purchased through negotiated settlements,
at or near market value for the property required, the total right-of-way cost is estimated to be
$7,734,000 and will be funded by the Transportation Supported Gas Tax Fund and the Road Impact
Fee Fund. Source of funds are gas tax and road impact fees,
GROWTH MANAGEMENT IMP ACT: As part of the County's Capital Improvement Element,
the expansion of Santa Barbara Boulevard (Project No. 60091) is an integral part of Collier
County's Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Adopt the attached Resolution;
2. Authorize its Chairman to execute same on behalf of the Board; and
3. Authorize any budget amendments that may be necessary to implement the collective will ofthe
Board as evidenced by the adoption of the attached Resolution and the approval of this
Executive Summary.
Agenda Item No. 10D
March 28,2006
Page 2 of 7
Prepared by: Lorraine Lantz, ROW Coordinator, TECM
Attachment: Gift and Purchase Reso lution
Agenda Item NO.1 OD
March 28, 2006
Page 3 of 7
RESOLUTION NO. 2006-_
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE Of
FEE SIMPLE INTERESTS IN THE PROPOSED RIGHT-Of-WAY, AS WELL AS
PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-Of-WAY, DRAINAGE AND UTll...ITY
EASEMENTS, AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS, AND
TEMPORARY CONSTRUCTION EASEMENTS, WHICH WILL BE REQUIRED fOR
THE CONSTRUCTION Of ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS
TO SANTA BARBARA EXTENSION FROM DAVIS BOULEVARD TO RA TILESNAKE
HAMMOCK ROAD. (CAPITAL IMPROVEMENT ELEMENT NO. 32, PROJECT NO.
60091).
WHEREAS, the Board of County Commissioners (Board). on June 7, 2005 adopted Ordinance
No. 2005-25 therein establishing the Capitallmprovement Element of the Growth Management Plan in
order to establish priorities for the design, acquisition and construction of the various capital
improvement projects; and
WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in
Ordinance No. 2005-25; and
WHEREAS, the extension of Santa Barbara Boulevard from Davis Road to Rattlesnake
Hammock Road (Project No. 60091) is one of the capital improvement projects required under the
Transportation Element of the County's Comprehensive Plan; and
WHEREAS, Agnoli, Barber & Brundage, Inc. were approved by the Board of County
Commissioners as the professional engineering firm hired to design the transportation improvements
and related facilities, along the project corridor, as depicted on Exhibit "A"; and
WHEREAS, this project as depicted on Exhibit "A" is necessary in order to provide for the
health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting
certain concurrency requirements of the Growth Management Plan for Collier County.
NOW, THEREfORE, BE IT RESOLVED BY THE BOARD Of COUNTY COMMISSIONERS Of
COLLIER COUNTY, FLORIDA, that:
1. The Board has determined that the extension of Santa Barbara Boulevard between Davis
Boulevard and Rattlesnake Hammock Road (hereinafter referred to as "the Project") is necessary and
is in the best interest of Collier County.
2. The construction and maintenance of the transportation improvements and related facilities are
compatible with the long range planning goals and objectives of the Growth Management Plan for
Collier County.
...J~
~..:
~
Agenda Item No. 100
March 28, 2006
Page 4 of 7
3. It is necessary and in the best interest of Collier County for the Board to acquire a fee simple
interest in the proposed right of way, as well as perpetual, non-exclusive road right-of-way, drainage
and utility easements, and temporary construction easements, and temporary driveway restoration
easements within the project conidor identified on Exhibit "A;" and County Staff is hereby authorized
and directed to acquire said right-of-way and associated easement interests by gift or purchase,
4. The Board hereby directs staff to use independent appraisal reports or internal compensation
estimates as staff detennines is necessary to best serve the needs of the Project in a timely and cost-
effective manner.
5. The Board, in accordance with the provisions of Section 125.355, Florida Statutes, hereby
formally waives the requirement for a formal, independent appraisal report for the purchase of a
property where the purchase price of the parcel (the compensation due to the property owner) is less
than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal
report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of
which shall be predicated on "staff compensation estimates" based upon independent appraisals (and
the data therefrom) obtained on similar properties and upon consideration and application of
appropriate market value and cost data pertinent to the subject parcels.
6. Upon the approval by the County Attorney's Office of all documents necessary for the subject
property acquisition, Transportation Division staff is hereby directed to offer immediate delivery to the
respective property owners of compensation (as established by the appraisal or staff compensation
estimates in accordance with the provisions of Section 125.355, Florida Statutes), in return for the
immediate and proper execution of the respective conveyance instruments and other legal documents
or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the
County; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the
life of the Project, to execute any instruments which have been approved by the Office of the County
Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required.
7. In those instances where negotiated settlements may be obtained via the "Purchase Agreement"
or "Easement Agreement" mechanism, the Administrator of the Transportation Division, or any Project
Manager of his designation, is hereby delegated the authority to approve the purchase of land interests
above the staff compensation estimate or appraised value and pay normally related costs when it is in
the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the
parcel being acquired, only when the difference between the purchase price and compensation estimate
-Page 2-
Agenda Item No.1 00
March 28, 2006
Page 5 of 7
or appraised value is less than Twenty-Five Thousand and 00/100 Dollars ($25,000.00) or the current
purchasing limits established by the Collier County Purchasing Department; provided, Project funding
is available.
8. That the settlement approval authority is delegated by the Board to the extent that such
approvals do not conflict with the provisions of Section 125.355, Florida Statutes.
9. The Chairman of the Board is hereby authorized to execute Easement Agreements and
Purchase Agreements where the land owner has agreed to sell the required land rights to the County at
its appraised value or at that amount considered the "Administrative Settlement Amount" as such term
is internally used by the administrative agencies of Collier County.
10. Where the property owner agrees, through the execution of a "Purchase Agreement" or
"Easement Agreement," to convey a necessary interest in real property to the County, and upon the
proper execution by the property owner of those easements or such other legal documents as the Office
of the County Attorney may require, the Board hereby authorizes the Finance Department to issue
warrants, payable to the property owner(s) of record, or a qualified intermediary, in those amounts as
shall be specified on a closing statement and which shall be based upon the appraisal or staff
compensation estimate in accordance with this Resolution and the provisions of Section 125.355,
Florida Statutes.
11. All title to properties or interests in properties which have been obtained in the manner
described above shall be deemed "accepted" by the Board of County Commissioners, as the governing
body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is
hereby authorized to record in the Public Records of Collier County, Florida, deeds, easements or other
instruments as may be required to remove the lien of any encumbrance from the acquired properties.
THIS RESOLUTION ADOPTED on this _ day of
second and majority vote.
, 2006, after motion,
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
A TrEST:
DWIGHT E. BROCK, CLERK
By:
FRANK HALAS, CHAIRMAN
Clerk
Approved as to form and
legal sufficiency:
Ellen T. Chadwell
-Page 3-
EXHIBIT-A-
~ \ of \
--
Agenda Item NO.1 00
March 28, 2006
Page 6 of 7
(RIGHT-OF-WAY REQUIRED WITHIN BOLD OUTER BOUNDARY)
SANTA BARBARA BOULEVARD EXTENSION PROJECT CORRIDOR
(DASHED LINE INDICATES APROXIMATE ROADWAY CENTERLINE)
-,~ '"""\. ~
14
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 10D
March 28, 2006
Page 7 017
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10D
Recommendal-lon to adopt a resolution authorizing the acquisition by gift or purchase 01 fee
simple interests and/or those perpetual or temporary easement interests necessary for the
construction of roadway. drainage and utility improvements required for the extension of
Santa BarbarEl Boulevard frorn Davis Boulevard to Rattlesnake Hammock Road. (Capital
Improvement Element No, 32, Project No. 60091). Estimated fiscal impact: $10,918.000
(Norman Feder. Administrator, fransportation Services)
3128/20069:00'00 AM
Right Of Way Coordinator
Date
Prepared By
Lorraine Lantz
Transportation Services
TECM.ROW
3113/20061:10:05 PM
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Approved By
Transportation Snrvice-s
TECM-ROW
3113/20064:44 PM
Approved By
Michael Greene
Transportation Services
Oat~
ProJect Manager
Transportation Engineering &
Construction Management
3/13/2006 5:02 PM
Najeh Ahmad
Director
Date
Approved By
Transportation Service'
Transportation Engine&ring &
Construction Management
3114!20D6 8:52 AM
Norm E. Feder, AiCP
Transportation Division Administrator
Date
Approved B)"
Transportation Services
Transportation Services Admin,
3/14/20Q6 9:43 AM
Approved By
Lisa Taylor
Transportation Ser.dces
Management/Budget Analyst
Date
Transportation Administration
3114/200611:12 AM
Accounting Supervisor
Dat.
Approved By
Sharon Newman
Transportation Services
Transportation Se-rvices Admin
3f141200(\ 2:41 PM
Pat Lehnhard
Executive Secretary
Date
Appruved By
Transportation Services
Transportation Services Admin
3/15/20069:41 AM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
3/15/200612:16 PM
MichAel Smykowski
Managemenl & Budget Director
Date
ApprOl"cd By
County Manager's Office
Office 01 Management & Budget
3!16/2006 3:09 PM
Approved By
James v. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3/1712006 5:33 PM
Agenda Item No. 10E
March 28, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Report to the Board on a request from the Collier County Housing Development
Corporation that the Board of County Commissioners of Collier County donate the
residential portion of the Bembridge PUD to be used for Affordable-Workforce Housing.
OBJECTIVE: To increase the supply of all levels of affordable housing in Collier County by
conveying a portion of the County-owned Bembridge PUD to a non-profit housing developer.
CONSIDERATIONS: On September 13, 2005, the Board of County Commissioners (BCC)
approved a rezoning of the property known as the Bembridge PUD. The PUD includes a mixture
of uses including a school, an EMS station, a water retention area, and a residential component.
At the December 13, 2005 BCC meeting, Kathy Patterson, Executive Director of the Collier
County Housing Development Corporation (CCHDC), addressed the Board of County
Commissioners (BCC) through a Public Petition, item 6B, to request that the BCC donate the
residential portion of the Bembridge PUD to the CCHDC for purposes of building affordable
housing. The BCC gave unanimous approval to direct staff to bring the item back for
consideration at a regular board meeting.
--~ The Collier County Housing Development Corporation is a 501(c)3 private non-profit corporation
established in 2004, CCHDC has been involved in various housing activities over the past two
years including hosting the county-wide annual housing fair and, most recently, partnering to
develop 32 affordable housing units in the Cirrus Pointe PUD.
At the February 14, 2006 BCC meeting, the Board heard a presentation from the CCHDC under
item lOB where they proposed that the residential portion of the Bembridge PUD could consist of
approximately 5.2 acres on which CCHDC would seek to develop approximately 72 housing units,
The units would range in price from approximately $ 150,000 to $350,000 and be available for
purchase by households between 60% and 150% of the median income.
CCHDC also committed to establishing and placing the property in a Community Land Trust to
ensure that the units remain affordable housing in perpetuity.
After the presentation, the BCC directed staff to continue to explore the concept of building
Affordable- Workforce housing on the Bembridge parcel and to research the possibility of limiting
the sale of some or all of the units to county employees. The BCC also expressed a desire to have
the CCHDC reexamine its targeted household income levels and maximum purchase prices in
order to try to make the homes more affordable, As a result, the CCHDC is now proposing a total
of 70 units serving up to 120% of median income with a maximum price of $320,000
Staff has continued to meet with representatives from the CCHDC and the County Attorney's
Office to refine the request and proposal in order to formulate the key decisions to be made in light
of governing State Statutes and possible outcomes from this year's legislative session in
Tallahassee in regard to any affordable housing bills,
Agenda Item No. 10E
March 28, 2006
Page 2 of 3
The County Attorney's office has opined that under current Florida law this property may be
transferred by the BCC to a non-profit entity to be developed "for purposes of promoting
community interest and welfare" at any value it chooses after a determination that the property is
no longer needed for County purposes. Restricting the sale of some or all of the affordable units to
County employees may not meet this definition, and result in a legal inability to transfer the
property without a selection process, An opinion form the Attorney General on this issue is being
pursued.
Staff plans to guide the BCC through these key decisions in an informational format in order to
present all factors in the process and develop a consensus direction from the Board for the future
of this project. The CCHDC will also present a "concept plan" for developing the site including an
economic overview of their vision for this project complete with proposed income and purchase
pnces,
FISCAL IMP ACT: The property was originally purchased by the County in 2001 at a cost of
$79,608 per acre with funds from the Emergency Services Impact Fee Trust Fund. The value of
the 5.2 acres at time of purchase was $413,962. Per Real Estate Services' staff appraiser, the
current appraised value of the 5.2 acres is $1,139,000, If the property is ultimately used for a
purpose other than emergency services, then the original purchase price must be refunded to the
Emergency Services Impact Fee Trust Fund. The County's General Fund could be used to provide
this refund. An alternative is to have the General Fund advance the $413,962 and have it
reimbursed over time through pending and future contributions made to the County's Affordable
Housing Linkage Fee Trust Fund.
GROWTH MANAGEMENT IMPACT: Providing property for affordable housing assists in
achieving the goals, policies, and objectives in the Housing Element of the Growth Management
Plan.
LEGAL CONSIDERATIONS: This request is internally consistent, complies with all
applicable constitutional and general law, and is legally sufficient for the Board of County
Commissioners consideration and approval within parameters.
RECOMMENDA TION: That the Board of County Commissioners consider the donation of the
residential portion of the Bembridge PUD to the Collier County Housing Development
Corporation to be used for Affordable- Workforce housing, and if desired, to direct staff to prepare
and bring back the formal documentation needed to carry out this project.
PREPARED BY: Cormac Giblin, Housing and Grants Manager
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 10E
March 28, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
iDE
Report to the Board on a request from the Collier County Housil1g Development Corpori:ltion
that n18 Board 01 County Commissioners of Collier County donate the residential portion of
the 8embridge PUD to be used for Affordable~\Norkforce Housing (Joseptl K. Schmitt.
Administrator, Community Development and Environmental Services Division)
3/28/20069:00:00 AM
Housing Development Manager
Date
Prepared By
Cormac Giblin
Community Development &
Environmental Servicel>
Financial Admin. & Housing
3/15/2006 5:14:52 PM
Date
Approved By
Constance A. Johnson Operations Analyst
Community Developme-nt & Community Development &.
Environmental Services Environmental Services Admin.
3/18120067:32 AM
Sandra Le-a
EXe-Clltive Aide to the BCe
Date
Approved By
Board of County
Commissioners
Bec Office
31113/2006 9:01 AM
Denton Baker
Financial Admin &. HOllsing Director
Date
Approved By
Community Developme-nt &
E.nvironmental Services
Financial Admin, & Housing
3/16120069:32 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminsrrator
Date
Community Development &
Environmental Sorvices Admin.
3/16/20068:15 PM
Administrative Asaistant
Dale
Approved By
OMS Coordinator
County Manager's Office
Office of Managemen1 & Budget
3/17(200611 :19 AM
Budget Analyst
Date
Apprond By
Mark Isackson
County Manager's Office
Office of Managemenr & Budget
3/17/20063:32 PM
County Manager
DAte
Approved By
James V. Mudd
Board of County
Commissioners
County Manager's Office
3/17/20064:59 PM
Agenda Item No. 10F
March 28, 2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve four Fringe Benefit Program initiatives for non-bargaining
unit employees in order to combat turnover and to improve the recruitment and retention of
emplovees.
OBJECTIVE: For the Board of County Commissioners to allow the County Manager, or his
designee, I) to modify the vacation sell back program; 2) to implement hiring bonuses for certain
hard to fill positions; 3) to increase the number of vacation hours/days at certain levels of
employee service; and 4) to increase the amount of County provided group term life insurance.
CONSIDERATION: The County Manager is proposing these four initiatives in order to combat
turnover and to improve the attraction and retention of employees. To support these
recommendations the following background information is provided:
· The County's turnover over the past three calendar years has increased from 194
employees in 2003, to 2 11 employees in 2004 to 276 employees in 2005, This represents
a 4 I % increase in the number of employees leaving from 2003 to 2005. The turnover
rate has increased from an acceptable level of ~ 10% in 2003 to in excess of 15% in
2005,
· The average age at termination is 44.0 I years. The average length of service at
termination is 4.44 years, Employees are leaving at a fairly early age and with very little
service time.
· A recent multi industry survey of nearly 14,000 employees and nearly 400 HR Managers
by Salary,com reveals that 65% of the employees plan on looking for a new job in the
next three months,
· The County continually experiences difficulty in attracting applicants for critically skilled
positions such as Planners, Project Managers and Engineers; in addition, the County
frequently is faced with the prospect of making counter offers to existing employees in
these positions as these skills are highly valued by the development/construction industry,
And finally, several Senior Project Managers are approaching retirement age which will
further exacerbate our recruitment issue for these highly sought after talents.
".~._'"
· The County is unable to compete on a salary basis with private employers without
incurring significant additional salary expense. Human Resources has been able to obtain
specific pay data from only a handful of local private employers and the data have been
provided for very few jobs. Attempts to obtain more comprehensive data from targeted
private employers have been unsuccessfq1.
Agenda Item NO.1 OF
March 28,2006
Page 2 of 5
· The cost of living in Collier County continues to exceed other areas within Florida, The
2003 and 2004 Florida Price Level Indices showed Collier County to be the most
expensive county in Florida, In some cases, the cost of living in Collier County exceeds
or approaches the cost of living in some major metropolitan locations throughout the
Country such as Chicago, Boston, Philadelphia, Washington D,C. and Las Vegas. The
cost of living in Las Angeles is virtually the same as in Collier County. (Source:
Sperling's Best Places, Cost of Living Calculator)
· Over a five year period, home prices in Naples have soared by 114.7%; statewide home
prices have increased by 90%. (.'Jource: Florida Association of Realtors, US Department
of Housing and Urban Development and Office of Federal Housing Enterprise
Oversight)
The specifics of each recommendation follow below. These four recommendations only apply to
non-bargaining unit employees.
The Office of the County Manager Administrative Procedure CMAs # 5360 and # 5301
currently provide that, four times per year, employees may elect to sell back from 20 to 80
hours of vacation time at 85% of their current rates of pay as long as they retain a minimum
balance of 80 hours.
The County Manager believes that the rate should be increased to 100% of employees'
current rates of pay because:
· Employees have earned the vacation time at 100% of their rate of pay,
· Employees will continue to be encouraged to sell back more vacation thus avoiding:
o Payment of the vacation at 100% of a higher rate of pay when employees take the
vacation rather than selling it back and
o Payment of the vacation at 100% of a higher rate of pay when the employee
terminates.
In addition, it is recommended that employees be able to sell back vacation at any time during
the year; that, upon the completion of four years of service, employees be allowed to sell back up
to 120 hours of vacation as long as they retain 60 hours; that, upon completion of ten years of
service, employees be allowed to sell back up to 160 hours of vacation as long as they retain 60
hours; and that the minimum sell back be changed from 20 hours to 10 hours.
This change will benefit both employees and the County since employees will be paid out at
100%, the County will avoid additional future expenses, administration of the program will be
streamlined and employees will be rewarded for attaining certain levels of service with the
County.
2) The County has experienced an increase in turnover for certain key classifications (e.g. Project
Managers) for whom external recruitment of replacement and new employees has become very
difficult. The major reasons for the difficulty in recruitment include the cost of living/housing in
Collier County, the dearth of rental property, a sometimes inadequate qualified applicant pool,
- 2
Agenda Item No. 10F
March 28, 2006
Page 3 of 5
and higher salaries paid by private employers with whom it is not fiscally prudent for the County
to compete. A strategy used by many private employers is to selectively utilize hiring bonuses
to attract qualified external applicants. Hiring bonuses can ease the applicant's transition from a
higher salary and assist in relocation if necessary.
The recommended hiring bonuses would be limited to a maximum of two months salary subject
to a maximum of $10,000 and would be subject to repayment by the employee as follows if
termination occurs within two years of hire date.
Before two years
Before three years
Before four years
Before five years
100% reimbursement
75% reimbursement
50% reimbursement
25% reimbursement
Human Resources will develop a strict protocol to limit the use of hiring bonuses to only the
hardest to fill positions.
3) As an additional retention tool, it is recommended that the vacation schedule in the Office of
the County Manager Administrative Procedure # 5360 be changed as follows:
Service
. o .:.S.. 2 years
. >2 ~ 4 years
. >4 .:.S.. 6 years
. >6 ~ 10 years
. > 1 0 ~ 20 years
. >20 years
Number of Hours/Days* of Vacation Per Year
Current HourslDays Recommended Hours/Days
80110 80/10
80/10 120/15
120/15 120/15
120/15 160/20
160/20 160/20
200/25 200/25
* Days are based upon a 40 hour work week, 8 hours per day.
An August 2005 survey of Southwest Florida employers showed that employees typically begin
to earn 4 weeks of vacation at the completion of 10 years of employment. A recent survey of
other Florida counties showed the following:
· Charlotte County: 1 to 5 years = 120 hours;
· Lee County: 1 - 4 years = 96 hours; 5 - 9 years = 120 hours; 10 - 14 years = 144 hours.
· Hillsborough County: 1 - 4 years = 96 hours; 5 - 9 years = 120 hours; 10 - 15 years =
144 hours
The recommendation is in line with this competitive information.
,....-..~
3
Agenda Item No.1 OF
March 28, 2006
Page 4 of 5
In addition, because of the change in the accrual schedule the maximum number of hours of
vacation accrual will be changed from 320 hours to 440 hours, Accrual of up to 480 hours will
be allowed with the approval of the Division Administrator and the Director - Human
Resources.
4) The County currently provides employees with group term life insurance at 1 times salary.
The County Manager recommends that the County increase this life insurance to 2 times salary.
The competitive norm is 1 to 2 times salary so this change will not exceed the bounds of what is
generally provided by other employers in the local marketplace. In fact, an August 2005 survey
of Southwest Florida employers showed the that one-third of local employers, who provide life
insurance as a multiple of salary, provide it at 2 times salary. In addition, the City of Naples
provides life insurance at 2 times salary.
It is recommended that these four initiatives be effective April 1, 2006 for non-bargaining unit
employees.
FISCAL IMP ACT: The results of these actions are estimated to have a maximum incremental
annual fiscal impact to the County of approximately $531,000: $70,000 attributable to the
change in the vacation sell back rate; $165,000 attributable to hiring bonuses; and $296,000
attributable to the change in life insurance. There are no current incremental hard costs
associated with the change to the vacation schedule, only a potential increase to the vacation
payout liability when employees terminate. Due to mid-year implementation, the cost for FY '06
will be approximately one half of the estimated annual cost. Funding will be spread throughout
the agency and can be absorbed within existing budgets due to high turnover rates experienced
this year,
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated
with this Executive Summary,
RECOMMENDATION: That the Board of County Commissioners allow the County
Manager, or his designee, I) to modify CMAs # 5360 and # 5301 in order to increase the
payment rate for vacation hours sold back from 85% to lOO% of the rate of pay in effect at the
time of the sell back, to allow sell back at any time during the year, to allow higher levels of sell
back after the completion of four and ten years of service and to reduce the minimum sell back
from 20 to 10 hours; 2) to implement hiring bonuses of up to two months salary subject to a
maximum of $10,000 to assist in the external recruitment of certain hard to fill positions; 3) to
increase the number of vacation hours/days at certain levels of employee service and increase the
maximum number of hours that can be accrued; and 4) to increase the amount of County
provided group term life insurance from 1 times salary to 2 times salary.
Prepared by: Donald Albonesi, Manager - Compensation, Human Resources Department and
Amy Lyberg, Manager - Employment Operations, Human Resources Department
,-,
4
Agenda Item No, 10F
March 28, 2006
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIO'IERS
Item Number:
Item Summary:
10F
Recommendation 10 approve four Fnnge Benefit Program initiatives for non-bargaining unit
employees in order to combat turnover and to improve tile recruitment and retentlon of
employees. (Len Pnce, Administrator, Administrative Services)
Meeting Date:
3128/20069:00:00 AM
Prepared By
Donald Albone5-i
Compe-nsation Manager
Date
Administrative Services
Human Resources
~11612006 2:40:51 PM
Approved By
Donald Albonesi
Compensation Manager
Date
Administrative Services
Hum....n ResQurces
3/16120064:07 PM
Approved By
Jean Merritt
Human Resources Director
Date
Administrative Services
Human Resourct>s
3/16/20064:10 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
3116/2006 ~:2B PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager'r> Office
3/2212006 1 :32 PM
EXECUTIVE SUMMARY
Agenda Item No. 10G
March 28, 2006
Page 1 of 3
Recommendation that the Board authorize the advertisement of a public hearing in regard to
increasing Collier Area Transit (CAT) bus fares to be scheduled on May 23, 2006
OBJECTIVE: To acquire Board of County Commissioners approval for a public hearing to
receive comment in regard to increasing CAT bus fares and in consideration of public
comments, consider approval of the fare increase at the BCC meeting on May 23,2006.
CONSIDERATION: The Federal Transit Administration requires a 45 day advertisement for a
public hearing in regard to bus fare increases. With Board approval, a bus fare increase will be
advertised and a public comment opportunity provided at the Board meeting on May 23,2006.
Following public comment, the Board will be asked to consider approval ofa bus fare increase.
Review and consideration of adjusting transit fares is a routine process of providing public
transportation services. These fare adjustments maintain a balance between local funding,
Federal and State grant funding, and user fees.
FISCAL IMP ACT: The transit industry standard for calculating the impacts of a fare increase
is: for every 10% increase in fares there is a corresponding 3% decrease in ridership. Utilizing
this formula and the FY05 ridership numbers, if the Board approves a rate increase to $1.25 for
full fare passengers and $.60 for elderly and children under seventeen, there would be a
decrease of 45,000 passenger boardings and an increase of $71 ,000 in bus fare revenue.
..-.
;';Ji'" ,""'iii:\\: ';.'X{.....,'ii',!l '!i,:,;r,;t',Y,J':',.' .,'..' '
Base Fare $1.00 $1.25
Reduced Fare for Elderly and Children under 17 years of age $.50 $.60
Full Fare Token $1.00 $1.25
Reduced Fare Token $.50 $.60
Transfers Free Free
Day Passes Full Fare $3.00 $4.00
Day Passes Reduced Fare $1.50 $2,00
Monthly Pass Full Fare $30.00 $35,00
Monthly Pass Reduced Fare $15.00 $17,50
Marco Express Full Fare $2,00 $2.50
Marco Express Reduced Fare $1.00 $1.20
Marco Express Monthly Pass Full Fare $60,00 $70.00
Marco Express Monthly Pass Reduced Fare $30,00 $35.00
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: It is recommended that the Board of Collier County Commissioners
approve a public hearing on May 23, 2006 to allow for public comment in order to make a
decision on the fare structure for Collier Area Transit.
.-
Prepared by: Blanca Nieves, Administrative Assistant, Alternative Transportation Modes
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 10G
March 28, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
lOG
Recommendation that the Board authorize the advertisement of a public hearing in regElrd to
increasing Collier Area Transit (CAT) bus rares 10 be scheduled on May 23, 2006. (Norman
feder, Admimstrator, Transportation SerlliceS)
3/28/20069:00:00 AM
Director A TM Director
Date
Approved By
Diane B. Flagg
Trans.portation Services
Alternative Transportation Modes
313/2006 4:07 PM
Norm E. Feder, AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Servjces Admin.
316120067:26 AM
Barbara LaPierre
ManagemenUBudget Analyst
Date
Approved By
Transportation Services
Traffic Operations
3/6/2006 11:36 AM
Approved B~'
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Services Admin
3/16!2006 1 :13 PM
Pat Lehnhard
Executive Secretary
Date
Approved By
Transportation Services
Transportation Services. Admin
3/16120062:01 PM
OMB Coordinator
Administrative Assistant
Dale
Approved By
County Manager's Office
Office ot Management & Budget
3/17/20067;56 AM
Approved By
Mark lsacks-on
County Manager's Office
Budget Analyst
Date
Office of Management & 8udget
3120f2006 5;28 PM
Deputy County Manager
Date
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Count.y Manager's Office
3/20120066.09 PM
Agenda Item No. 10G
March 28, 2006
Page 3 of 3
LEGAL ADVERTISEMENT
NOTICE OF PUBLIC HEARING
PROPOSED COLLIER AREA TRANSIT
F ARE INCREASE
Notice is hereby given that a hearing will be held by Collier County for the purpose of
considering a proposed of Collier Area Transit Fare Increase.
The hearing will be held at 9:00 A.M. on - Tuesday, May 23, 2006 at Board of County
Commissioners chambers, located on the third floor 0 the W. Harmon Turner Building,
Collier County Government Center, 3301 E. Tamiami Trail, Naples.
The current and proposed fare structure is as follows:
ServiCe Category . . ..... ,.., ,... " .......',.." '(; ." Ctirieht' 'LPropOsed , ,', .
Base Fare $1.00 $1.25
Reduced Fare for Elderly and Children under 17 years of age $.50 $.60
Full Fare Token $1.00 $1.25
Reduced Fare Token $.50 $,60
Transfers Free Free
Day Passes Full Fare $3.00 $4.00
Day Passes Reduced Fare $1.50 $2.00
Monthly Pass Full Fare $30.00 $35,00
Monthly Pass Reduced Fare $15.00 $17,50
Marco Express Full Fare $2.00 $2,50
Marco Express Reduced Fare $1.00 $1.20
Marco Express Monthly Pass Full Fare $60.00 $70.00
Marco Express Monthly Pass Reduced Fare $30.00 $35.00
At the hearing, Collier County will afford an opportunity to interested persons or
agencies to be heard with respect to the social and economic aspects of the proposed fare
increase.
Interested persons or agencies may submit, orally or in writing, evidence and
recommendations with respect to said proposed fare increase.
Blanca Nieves
Interim Senior Planner
Alternative Transportation Modes Department
Transportation Services Division
2885 Horseshoe Drive South
Naples, FL 34104
H:\ 1 A TM Dept\CA Tlfare increaseLEGALAD06
Agenda Item NO.1 OH
March 28, 2006
Page 1 of 14
EXECUTIVE SUMMARY
Recommendation to award Contract 06-3924 to Douglas N. Higgins Inc., in the
amount of $4,369,400, for the construction of a Reclaimed Water Aquifer Storage
and Recovery System, approve Work Order HDR-FT-3785-06 under Contract 05-
3785 with HDR, Inc. for construction engineering inspection services, in the amount
of $167,800, and approve the necessary budget amendment for Project 74030.
OBJECTIVE: The public purpose of this project is to implement Aquifer Storage and
Recovery (ASR) technology in order to protect the public water supply by increasing the
available reclaimed water to be used for irrigation. This action request is to award the
construction contract, approve a work order for construction engineering inspection
services, and approve a budget amendment for this project.
CONSIDERATIONS: On April 22,2003, Agenda Item 16(C)5, the Board of County
Commissioners (Board) approved Amendment 3 to Contract 99-2926 with Water
Resource Solutions to provide additional engineering services to design and permit the
ASR well system, and services during construction, testing, and operational permitting of
the ASR well. The Project is included in and is consistent with the 2003 Wastewater
Master Plan Update adopted by this Board on May 25, 2004, Agenda Item 10C.
,...-,
Bid 06-3924, Reclaimed Water ASR, was advertised on December 22,2005,213 notices
were sent out, 17 plans and specifications were purchased. In accordance with the
procurement policy of Collier County, sealed bids were opened on February 3, 2006,
Staff received bid proposals from 4 contractors (listed below),
Bidder
Douglas N, Higgins, Inc.
Poole & Kent Company of Florida
Wright Construction Corporation
Mitchell & Stark Construction
Amount
$4,369,400
$4,726,000
$5,549,525
$5,867,850
-
The bid tabulation is attached. The engineer's estimate prior to bidding the project
(November 2005) was $3,344, 200. The engineer's revised estimate is $4,203,754. The
increase to the engineer's estimate of$ 859,554 is described in the attached consultant
letter and spreadsheet. This increase includes: (a) 15% for general contractor's markup
for portions of the subcontractors work and bonds that were not included in the original
estimate, (b) an updated electrical estimate, (c) enhanced fiberglass piping, (d) addendum
changes and (e) overall cost increases in the construction industry.
Staff in consultation with Water Resource Solutions, has determined that Douglas N.
Higgins, Inc. is the lowest, qualified and responsive bidder and recommends awarding
the contract to Douglas N. Higgins, Inc. in the amount of $4,369,400 (see attached letter).
On September 27, 2005, as Agenda Item 16 (C) 14, the Board approved Contract 05-
3785 with HDR Inc. for Fixed Term Utility Engineering Services. Work Order HDR-FT-
3785-
Agenda Item NO.1 OH
March 28, 2006
Executive Summary Page 2 of 14
Reclaimed Water ASR -SRF Funding
Page 2
06-05 in the amount of $167,800 (time & materials, not to exceed) will be issued to
HDR, Inc. to provide resident site inspection during the construction phase of this project.
Staff reviewed the estimated costs and they appear to be fair and reasonable,
On May 10, 2005, Agenda Item 8E, the Board approved a Resolution authorizing the
submission of an SRF Loan Application; and adopted the document titled "Collier
County Aquifer Storage and Recovery Facilities Plan, March, 2005" that allowed Collier
County to avail itself of low-interest State Revolving Fund (SRF) funds, The Florida
Department of Environmental Protection (FDEP) has added this project to the Fiscal Year
2006 fundable portion of the State Revolving Fund priority list as a result of the January 11,
2006 Public Hearing held by the Department.
This conditional contract award to Douglas N, Higgins, Inc., in the amount of$4,369,400
is subject to FDEP approval and authorization for the Board to award and execute the
subject construction contract as required by provisions ofthe low-interest rate SRF Loan,
which will fund this project. SRF Loan funds are expected to be the pennanent financing
source for this project. The next steps in the loan process include Board approval of a
resolution approving the final SRF loan application and authorization to execute a loan
agreement, and additional services for Angie Brewer & Associates, L.c., required by this
loan for bidding through construction and loan closeout.
The Clerk of Courts Finance and Accounting Department has reviewed the information
contained in this Executive Summary and the corresponding attachments.
FISCAL IMPACT: Partial funding is available in Fund 414 User Fees, Project 74030,
and is consistent with the FY 06 capital budget approved by the Board of County
Commissioners on September 22, 2005. A Budget Amendment is needed to transfer
funds from Reserves to Project 74030. This Project will be funded by a low-interest rate
SRF Loan as the permanent financing mechanism.
GROWTH MANAGEMENT IMP ACT: This project meets current Growth
Management Plan standards to ensure the adequacy and availability of viable public
facilities.
.-
RECOMMENDA TIONS: That the Board of County Commissioners, as Ex-officio the
Governing Board of the Collier County Water-Sewer District:
1. Conditionally Award Contract 06-3924 to Douglas N. Higgins, in the amount of
$4,369,400.
2, Authorize the chairman to execute the standard construction contract after review
by County Attorney.
3, Approve Work Order HDR-FT-3785-06-05 to HDR Inc" in the amount of
$167,800,
4. Authorize the County Manager or his designee to execute the approved Work
Order after approval by the County Attorney's office.
5. Approve the necessary budget amendment.
Prepared by: Alicia Abbott, Project Manager, Public Utilities Engineering,
Item Number:
Item Summary:
Meeting Date:
Agenda Item NO.1 OH
March 28. 2006
Page 3 of 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10H
Recommendation to award Contract 06~3924 to Douglas N Higgins Inc., in the amount of
$4,369.400, for the construction of a Reclaimed Water Aquifer Storage and Recovery
Syslem. approve Work Order HDR-FT .3785~06 under Contract 05.37B5 wIth HDR Inc. for
consiruction engineering inspection services, in the amount of $167,800, and approve the
necessary budget amendment for Project 74030. (Jim DeLany, Administrator, Public Utilities)
3128/20069:00'00 AM
Project Manager
Date
Prepared By
Alicia Abbott. e,!.
Public Utilities
Public Utilities Engineering
2117/2006 5:04:44 PM
Purch~sing Agent
Oa..
Approved By
Jack p, Curran
Administrative Services
Purchasing
2124/20064:20 PM
Principal Project Manager
Oal.
Approved By
William D. Mullin. PE
Public Utilitie-s
Public Utilities Enginl:!E'ring
2/28/2006 8:2J AM
AcquisItion Manager
Date
Approved By
Mi ke Hauer
Admtnl$trativo Services
Purchasing
212812006 8:51 AM
Roy B. Anderson, P,E.
Public Utilities Engineering Director
Date-
Approved By
Public Utilities
Public Utilities Engineering
3/2/20068:56 AM
Approved By
Thomas Wldes
Public Utilitias
Oper.Jtions Director
Date
Public Utilitins OperAtions
3/2f20(l6 10:58 AM
Intarim WasteWater Director
Date
Approved B~y
G. George Yilmaz
Public Utilities
WasteWater
3/212006 6:01 PM
Steve Carne-II
Purchasing/General SVCG Director
Date
Approved By
Administrative Services
Purchasing
31312006 6:44 AM
Approved By
MariS3 Garcia
Public Utilities
Operations Analyst
Date
WasteWater
3/312006 1 :32 PM
Public UtilitisF. Administrator
Date
Approved By
James W. DeLany
Public UlUltie!l.
Public: Utilities Administration
3113/200611 :38 AM
Administrative- Assistant
Date
Approved By
OMB Coordinator
County Managor's Office
Office of Management & Budget
:.1/15/20068:26 AM
Senior Management/Budget Analyst
Date
Approved By
Susan USMr
County Manager's Office
Office of Management & Budget
312012006 3:29 PM
Michael Smykowski
Manageml'ot 8. Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
3/2Q/2006 5:00 PM
Leo E. Ochs. Jr.
Deputy County Managar
Date
Approved By
Board of County
Commissioners
County Manager's Office
3f21/2006 1:48 PM
Agenda Item No. 10H
March 28, 2006
Page 4 of 14
WORK ORDER 3 - HDR, Inc.
Collier County Utility Engineering
Construction Engineering and Inspection Services
Reclaimed Water Aquifer Storage and Recovery Project
THIS TASK ORDER IS ISSUED PURSUANT TO THE PROVISIONS OF "FIXED TERM UTILITY ENGINEERING SERVlCES- CONTRACT 05.3785" DATED
SEPTEMBER 12, 2005 BETWEEN THE COUNTY OF COllIER COUNTY, FLORIDA AND HDR, INC., WHICH IS INCORPORATED HEREIN BY THIS
REFERENCE.
Article A. Purpose:
The purpose of Work Order 3 (WO 3) is to authorize and direct CONSULTANT (HDR, Inc.) to
proceed with construction engineering and inspection (CEI) services as outlined in the Scope of
Services (Article B) for the new Reclaimed Water Aquifer Storage and Recovery (ASR) project (the
Project).
Article B. Scope of Services:
The specific work tasks that the COUNTY authorizes the CONSULTANT to furnish as part of this
WO 3 are presented in the following table.
Work Task
Number Task Description
1 On-Site Construction Engineerin~ and Observation
2 Post-Construction Activities ~
The specific services that the COUNTY authorizes the CONSULTANT to furnish as part of this WO
3 are presented below.
Work Task 1. On-Site Construction Engineering and Inspection
The CONSULTANT will provide on-site CEI services in support of the Project execution, including
detailed construction observation. The Project design was completed by others under direction of
the COUNTY. As such, the CONSULTANT understands that the COUNTY will retain the services
of its existing Project Design Engineer to provide routine construction administration services for
the PROJECT. The CONSULTANT will not be responsible for construction administration
activities, which include but are not limited to shop drawing review. responding to Contractor-
prepared Requests for Information (RFIs), record drawing preparation, and the like. However, as
part of the CEI services, the CONSULTANT will be fully informed of the content of the design
drawings and specifications, shall review and be familiar with the content of approved shop
drawings and the resolution of RFIs, conduct monthly progress meetings, review monthly pay
applications, review progress schedules, review potential change orders, and shall support the
COUNlY'S Design Engineer in its preparation of the record drawings. The CONSULT ANT will
provide services necessary to document that the Project is constructed in reasonable conformity
with the plans, specifications and contract provisions.
Age~~
COWER COUNTY UTILITY ENG . rp,
The CONSULTANT will be present the Project during construction to observe that the materials
and methods used by the Contractor conform to the specifications and as designated on the plans.
The CONSULTANT will keep detailed records of the Contractor's daily operations and significant
events that affect the work, and advise the COUNfY of omissions, substitutions, defects and
deficiencies noted in the work of the Contractor and note the corrective action taken in daily and
weekly Progress Reports. The work provided by the CONSULTANT shall, in no way, relieve the
Contractor of responsibility for the satisfactory performance of the construction contract.
The CONSULTANT'S inspection services are not intended to be exhaustive or to extend to every
aspect of the work in progress or to involve detailed inspections of the work beyond the
responsibilities of the CONSULTANT. The intent of these services is to observe in general if the
work is proceeding in accordance with the Contract Documents, and to keep the COUNfY
informed of the progress and potential problems of the work. The CONSULTANT shall not be
authorized to supervise, direct or have control over the Contractor's work or for any failure of the
Contractor to comply with laws applicable to Contractor's work performance. Accordingly, the
CONSULTANT neither guarantees the performance of the Contractor nor assumes responsibility
for any failure on the part of the Contractor to furnish and perform its work in accordance with the
Contract Documents.
Services are based on a 270 calendar-day construction period, For purposes of estimating fees for
the eEl services, the CONSULTANT will provide three (3) days per week of full-time observation
for the first and last month of construction; for the second month through the eighth month the
CONSULTANT will provide five (5) days per week of full-time observation.
The CONSULTANT will attend the monthly progress meetings, and weekly coordination meetings
to be conducted by the Contractor.
Work Task 2. Post Construction Activities
Upon completion of construction activities, the CONSULTANT shall provide support to the
COUNTY'S Design Engineer in their preparation of project close-out documents, e.g., Record
Drawings based on Contractor's II as-built" drawing mark-ups, completion certifications in
accordance with permitting agencies' conditions, etc. The CONSULTANT will not be responsible
for start-up services (other than coordination and tracking status and completion) or for
submittal/ signage of the Florida Department of Environmental Protections certification form.
CONSULT ANT shall conduct substantial completion walkthrough, assist with developing a
detailed punch-list of outstanding issues, conduct final inspection and assist with close-out
activities.
Article C.
Compensation Provisions:
The fee estimate was developed on the basis of construction work to be completed within a 9-
month timeframe. and conducted during normal working hours Monday through Friday,
Additional time required for the Contractor to complete the work may cause additional CEI time.
The CONSULTANT shall inform the COUNfY whenever added time is being requested from the
Contractor, and shall request and receive approval from the COUNTY for additional compensation
prior to performing any additional services.
2
!' .
Age~
COlLIER COUNTY UTILITY
As compensation for providing the services described within this WO 3, the COUNTY shall pay
CONSULT ANT in accordance with the provisions of Contract 05-3785. The Project fees will be
billed on a time-and-materials basis with a not-to-exceed amount as summarized below:
.
Work Task Description Exoenses ($) Labor Fee ($) Total ($)
lOn-Site Construction
Observation 4,000 156,800 160,800
2. Post-Construction
Activities 1,000 6,000 7,000
Total 5,000 162,800 167,800
CONSULTANT will keep the COUNTY informed of progress so that the budget and/ or work
effort can be adjusted if necessary.
Article D. Period of Service:
The CONSULT ANT shall perform its services during the period of project construction, as
required. It is assumed that construction will begin on or about April 1, 2006 and be complete on or
about December 31, 2006. The CONSULT ANT will be engaged before or after these dates as
deemed necessary by the COUNTY.
Article E. Authorization:
For COUNTY by: For the CONSULT ANT by:
~3/ ".
Name Name Paul Bowdoin
Title Title Senior Vice President
Date Date February 3, 2006
***** End *****
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Water Resource Solutions
428 Pine Island Road SW, Cape Coral, Florida
Agenda Item No.1 OH
March 28, 2006
Page 11 of 14
2395741919 Fax2395748106
~-
February 25, 2006
Alicia Abbott
Project Manager
Collier County PUED
3301 East Tamiami Trail
Naples, FL 34112
RE: Reclaimed Water ASR Bid Review
Dear Alicia:
The results of a comparison of the low bid and the engineers estimate along with
our comments are shown on the attached spreadsheet. There are a number of
issues that we believe have affected the pricing of the work, which I will itemize
below:
Drillinq
One item that we know affected prices of drilling was a recent discovery that
the fiberglass well casing specified has failed to pass pressure tests on two
instances involving injection/ASR wells, Although the casing is rated for that
pressure, and is commonly used on production wells that don't require such
tests, it is our understanding that all drilling companies proposed an alternate
casing. The alternate casing is considerably more expensive. The added risk
for installation of this type of casing could be responsible for the cost
difference. Also, there has been a large increase in fiberglass prices due to
shortages after the hurricanes. We would recommend that an additional
allowance of $120,000 be included since this issue was not known at the time
of estimating prices.
Electrical
The electrical cost estimate was based on an estimate done in October of
2004 of $309,925 without general contractor overhead and profit of 15%. The
GC markup would bring the cost of that work to $356,413. Since that time,
there has been substantial escalation of copper (wire), PVC conduit costs,
and labor has costs. The recent hurricanes accelerated the escalation and
caused a doubling of PVC almost overnight. Also the bidding environment in
Collier County has seen an increasing lack of competition in the electrical
construction area. A new review of costs in light of the current condition
brings the total electrical cost opinion to $546,250.
Addendum Number 1
The engineers estimate did not include the costs added by Addendum #1,
which covered all of the work in the preserve area. Formerly that work was
thought to be the responsibility of the County.
1
Agenda Item No. 10H
March 28, 2006
Page 12 of 14
Other Items
The construction industry has witnessed severe price increases in PVC,
concrete and steel costs over the last 6 months. We have seen costs
increase 25-50% on most project bids. Labor costs have also risen greatly.
Although we accounted for some of these increases in our estimate, it is
difficult to pinpoint the true impacts until bidding. Also, the cost of general
contractor markup and bonds was not included in the original estimate.
Looking at the bid review spreadsheet you will notice that we have now revised
our engineer's estimate to include the general contractor's markup where
appropriate and the credits for drilling and the addendum, If the contingency is
included, the resulting difference between the low bid and the bid estimate is
about $165,646 or 4 percent.
In summary, the bidding for this work appeared to be reasonably competitive.
Among the four bidders, the low bidder was approximately 8 percent below the
next higher bid; however, the low bid was significantly lower than the two
remaining bidders. Considering that construction costs in the region have risen
steeply within the last several months and the amount of similar type work
available is great, we do not believe that a rebid of the project will result in any
significant cost reduction. For this reason we recommend that the project be
awarded to the low bidder.
If you would like to discuss any of these issues further, please give me a call.
Sincerely,
lip
Lloyd E. Horvath, P. E.
Principal Engineer
2
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WORK ORDER #3 HDR-FT-3785-06-05
Agreement for Professional Engineering Services
Contract #05-3785, Dated September 12, 2005
Agenda Item NO.1 OH
March 28, 2006
Page 14 of 14
This Work Order is for professional engineering services for work known as:
Project: Reclaimed Water Aquifer Storage & Recovery Project - CEI Services
The work is specified in the proposal dated February 2, 2006 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 # HDR-FT-3785-~5is assigned to HDR
Engineering, Inc. (HDR).
Scope of Work: HDR will provide on-site CEI services in support of the Project execution, including
detailed on-site inspection as described in the attached scope of work. HDR will provide services necessary
to document that the Project is constructed in reasonable conformity with the plans, specifications and
contract provisions.
Task I: On-Site Construction Observation
Task II: Miscellaneous expenses
.l
Schedule of Work: Complete work within 365 days from receipt of the Notice to Proceed
authorizing start of work.
Compensation: In accordance with Article Five of the Agreement, the County will
compensate the Firm in accordance with the negotiated lump sum amounts indicated in the
schedule below (if a task is time and material, so indicate and use the negotiated hourly
rate(s) as enumerated in the attached proposal).
Task I:
Task II:
Total:
$162,800
$ 5.000
$167,800
Time & Materials
Time & Materials
Time & Materials
Any change within monetary authority of this Work Order made subsequent to final
department approval will be considered an additional service and charged in accordance
with Contract 05-3785 dated September 12, 2005.
PREPARED BY: ~\J~\.Q ~
Alicia Abbott, PUED, Project Manager
,;2.. - ?~~ ufo
Date
APPROVED BY:
James W. DeLony, P.E., Public Utilities Administrator
Date
Approved as to Form and
Legal SUffiCie~y, ] /~>J-<rlP
,.,-/ Om lw.-..-
lssistant County Attorney
ACCEPTED BY:
Witnesses (2)
SLv.>~ CY~
/~9~
Date: ;2- 3 .-u c;.
By: -;:E? /-:?~~
Fund: 414 CC:263614
G/L Account:63 1400
Project Number:74030
EXECUTIVE SUMMARY
Agenda Item No. 12A
March 28, 2006
Page 1 of 4
Recommendation that the Board of County Commissioners
adopt a Resolution providing guidelines for consideration of
applicants for appointment to Advisory Committees, and
Superseding Resolution No. 94-136.
OBJECTIVE: To approve a resolution to amend the County's guidelines for
considering applicants for appointment to advisory committees, and superseding,
in it entirety, Resolution No. 94-136.
-
CONSIDERATIONS: On March 1, 1994, the Board of County Commissioners
adopted Resolution No. 94-136 to establish guidelines for advisory committees to
recommend applicants to the Board of County Commissioners ("Board") for
appointment to their committees. On December 13, 2005, the Board discussed
amendments to this Resolution, specifically requesting that, if feasible, applicants
may appear before the advisory committees for consideration of approval and
recommendation to the Board. The purpose of this process is to further ensure
that the applicants seeking appointment meet the qualifications for the advisory
committee positions they intend to fill. In addition, the Board desires to receive
recommendations from all non-quasi-judicial advisory committees. All quasi-
judicial advisory committees are exempt from providing recommendations to the
Board relating to appointment and reappointment of members.
On January 24, 2006, the Board agreed to allow for an exception for submission
of recommendations of applicants for board appointment when a committee is
unable to reach a quorum. A time extension for committee recommendations
has also been included to assist the advisory committees with meeting the goals
established in this Resolution. The Resolution provides for such extensions of
time to be made by the Board's coordinator for all advisory committees. In
addition, staff liaisons for all committees shall be required to include attendance
schedules for prior terms of all applicants seeking reappointment.
FISCAL IMPACT: NONE.
GROWTH MANAGEMENT IMPACT: NONE.
RECOMMENDATION: That the Board of County Commissioners adopt the
attached Resolution establishing guidelines for appointments of members to
advisory committees and superseding Resolution No. 94-136 in its entirety.
-
Prepared by: David C. Weigel, County Attorney
Agenda Ilem No. 12A
March 28, 2006
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
12A
Tl1is item was continued from the January 24, 2006 BCe Meeting and was further conHnued
from the February 14,2006 Bce Meeting to the Marct128, 2006 Bee Meeting
Recommendation that the Board of County Commissioners adopt a Resolution Superseding
Resolution No. 94-136. and providing guidelines fOf consideration 01 applicants for
appointment 10 Advisory Boards
Meeting Date:
3/28/2006 9'00:00 AM
Prepared By
Kay Nell, CLA
Legal Assistant
Date
County Attorney
County Attorney Office
11111200611 :59:32 AM
Approved B~'
David c. W~1gel
County Aliorney
Date
County Attorney
County Attomey Office
1111120064:12 PM
Approved By
Nancy Bradley
Legal Secretary
Date
County Attorney
County Attorney Qff'ice
1111120064:13 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/16/2006 1 :20 PM
Agenda Item No. 12A
March 28, 2006
Page 3 of 4
RESOLUTION NO. 2006-_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO ADOPT A FORMAL POLICY
ESTABLISHING GUIDELINES FOR RECEIVING RECOMMEN-
DATIONS FOR APPOINTMENT AND REAPPOINTMENT OF
MEMBERS TO ADVISORY COMMITTEES; AND TO SUPERSEDE
RESOLUTION NO. 94-136.
WHEREAS, on March IT 1994, the Board of County Commissioners adopted
Resolution No. 94-136 to provide guidelines and procedures for appointing and
reappointing members to advisory committees; and
WHEREAS, on December 13, 2005, the Board of County Commissioners requested
revisions to these guidelines to assure they are receiving the best qualified candidates
for appointment as recommended by their advisory committees.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the gUidelines set forth below
are hereby established for the Board of County Commissioners ("Board") for receipt and
acceptance of recommendations from the various advisory committees.
1. Advisory committees shall be allocated 41 days after notification from the
Board's office to submit in writing their recommendations to the Board for the
appointment or reapPOintment of members. If an advisory committee cannot achieve a
quorum within the 41-day time period referenced above, upon submission of notice to
the Board the deadline for submission of recommendations by the advisory committee
may be extended by the Board's coordinator to all advisory committees, All quasi-
judicial advisory committees are exempt from the requirements of providing
recommendations for appointments or reappointments to the Board but shall adhere to
the guidelines contained in paragraphs 2 and 4, where such guidelines are applicable to
all committees,
2. During this time period, the County staff liaison for each advisory committee
shall initially review the categories of applicants in areas of expertise to assure that the
applicants possess the minimum requirements for the positions they are seeking. Non-
quasi-judicial advisory committees may interview such applicants at a scheduled public
meeting.
3. Except where a non-quasi-judicial advisory committee is unable to reach a
quorum, all non-quasi judicial advisory committees shall consider all applicants and shall
determine by a majority vote of the quorum which applicant(s) meets the prerequisites
for appointment or reappointment to such committee.
4. The liaison for an adviSOry committee shall provide the Board with attendance
records of all applicants seeking reappointment to such committee.
Agenda Item No. 12A
March 28, 2006
Page 4 of 4
BE IT FURTHER RESOLVED BY iHE BOARD OF COUN1Y COMMISSIONERS that
this Resolution supersedes Resolution No. 94-136 in its entirety.
This Resolution adopted after motion, second and majority vote.
DATED: March 28T 2006
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNIY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
By:
FRANK HALAS, Chairman
Approved as to form and
legal sufficiency:
~db.~d~
David C. Weigel
County Attorney
Agenda Item No. 12B
March 28, 2006
Page 1 of 10
Executive SUmmary
Recommendation that the Board of County Commissioners approve a mediated settlement
providing for the purchase of the remainder property, full compensation for the acquisition of
Parcel 178, and attorney's fees in the case styled Collier County v. Teodoro Gimenez, et al.,
Case No. 04-0561-CA (Vanderbilt Beach Road Project #63051). (Total Fiscal Impact:
$1,534,876)
OBJECTIVE: That the Board of County Commissioners approve a proposed mediated settlement
providing for the purchase of the entire Parent Tract owned by Respondent, Ross W. McIntosh,
Trustee, and payment of attorney's fees in resolution of the condemnation of Parcel 178 in Collier
County v. Teodoro Gimenez, et a!., Case No. 04-0561-CA, for a total sum of $2,434,376 and
approve payment of costs in the amount of $17,700.
CONSIDERATIONS: Collier County filed a condemnation action and acquired title to Parcel 178
(2.73 acres) after depositing the sum of$917,200 in accordance with the Order of Taking entered on
June 29, 2004. The property from which Parcel 178 was acquired was a 6,62 acre parcel located on
the comer of Vanderbilt Beach Road and Collier Boulevard and the sole parcel comprising the
Commercial Western Estates Infill Subdistrict. This subdistrict allows for commercial uses and
specifically permits 41,490 square feet of gross leasable area for office, medical and/or financial
institution. As a result of the acquisition of Parcel 178 for road right-of-way, the Parent Tract was
reduced to a remainder of 3.89 acres. Because of the numerous and specific requirements for
development set forth in the Subdistrict, appraisers for both sides concluded that the remainder
would be damaged as a result of the taking. In addition, the property was restricted to ingress
(right-in-only) from eastbound Vanderbilt Beach Road and egress (right-out-only) onto southbound
Collier Blvd. The property owner claimed a substantial severance damage of $729,000 based on the
limitations of access and loss of developable area, and claimed a land value for the parcel taken at
$10 a square foot. This, along with statutory interest through verdict, amounted to a claim for total
compensation of $2,037,977. An aerial photo of the property is attached as well as drawings
showing the taking.
This matter is set for a 5-day trial in August and was mediated pursuant to court order. A settlement
was reached at mediation that provides for the purchase by the County of the entire property at $8 a
square foot for a total of $2,309,376. (A copy of the Stipulation of the Parties is attached.) In
addition the parties negotiated an attorney's fee of$125,000 based on a benefit of$426,537, Some
additional defense costs have been negotiated with the owner and are included below for this
Board's approval. It should be noted that appraisal and engineering witness fees still remain, The
total for the entire Parent Tract, including Parcel 178, attorney's fees and defense costs included
herein is $2,452,076 and would be offset by the County's deposit of $917,200, so that the fiscal
impact to the County, if approved, is $1,534,876. See breakout below.
,-
Staff has identified some potential uses of the property which may include a one-acre Estates lot
owned by the County adjacent to the property. One such use is the excavation offill material. Staff
estimates that by using a portion of the remainder property for the excavation of fill material for the
Collier Boulevard road project, $800,000 in construction costs could be saved. A second potential
use would be affordable housing; however this use would require a plan amendment and re-zoning
ofthe property. In the event the County later determines that the property can not or should not be
used for either purpose, the property can be surplused and sold as commercial property. Prior to
Agenda Item No. 128
March 28, 2006
Page 2 of 10
sale, staff recommends amending the Growth Management Plan to include the County-owned
parcel to the south in the Subdistrict. Its inclusion makes sense from a planning perspective and
restores some of the land area lost as a result of the taking, thereby more closely resembling the
property existing at the time the Subdistrict was created.
Staff considered the following factors in reaching this proposal and believes this to be a reasonable
settlement for the County:
1. Tota] exposure in litigation, including attorney's fees and property owner's defense costs
estimated at $2,464,101 (compensation of$1,917,000, attorney's fees of$317,125, costs
of $100,000, statutory interest of $120,000).
2. County's potentia] costs of litigation including expert fess, court reporting fees,
discovery costs, etc" estimated at $75,000--$90,000.
3. Current market value of the remainder property estimated by our appraiser at $8 SF.
Two appraisal opinions that the value of the property before the taking ranged between
$7 and $10 SF.
4. Ability to use this property in conjunction with a County-owned Estates lot immediately
to the south, thereby increasing its value.
5. Potentia] uses of the property and the value resulting from such uses,
6, Abi]ity to sell property without loss, in the event the County later decides to surplus the
property.
lfthe Board approves, County will have to pay the following costs:
Additional Compensation $ 1,392,176,00
Attorney's Fees $ 125,000.00
Planning Fees $ 12,000.00
Defense Costs $ 5,700.00
TOTAL: $ 1,534,876.00
In light of the foregoing considerations, staff believes acqumng the remainder property is a
reasonable solution for both the County and the property owner and recommends approval of this
settlement. In short, County dollars of$2,309,376 will be spent acquiring not only the right-of-way
required for the road project, but also 3.897 acres of land, an asset that can be used for County
purposes, or sold, as the County deems appropriate, as opposed to spending $2,037,977 on just the
right-of-way required for the road project (and interest), and incurring additional litigation costs in
the event of an adverse jury verdict.
FISCAL IMPACT: Funds in the amount of $1,534,876 are available in the FY 2006 adopted
budget. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMP ACT: There is no growth management associated with this
Executive Summary.
-
Agenda Item No. 128
March 28, 2006
Page 3 of 1 0
RECOMMENDATION: That the Board of County Commissioners:
1, Approve the proposed settlement as contained in the Stipulation of the Parties;
2. Approve payment of expert fees and costs in the amount of$17,700.00 to Brian P. Patchen,
Trust Account;
3. Authorize staff to proceed with the acquisition of good and marketable title to the remainder
tract from Ross W. McIntosh, Trustee, either through closing or a stipulated final judgment,
and to take all steps necessary to effectuate the agreement between the parties including the
acceptance and recording of the deed to the property; and
4, Approve the expenditure of funds as stated,
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 12B
March 28, 2006
Page 4 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
12B
Recommendation that the Board of County Commissioners approve a mediated settlement
providing for the purchatle nf the remainder property, full compensation for the acquisition of
Parcel 178. and attorneys fees in the case styled Collier Counly II. Teodoro Gimenez, al a!.,
Case No_ 04R0561.CA (VanderbiH Beach Road Prajee! #63051). (Total Fiscal Impact.
$1534,876)
312BI2006 9:00:00 AM
Assistant County Attorney
Dato
Prepared By
Ellen T, Chadwell
County Attorney
County Attorney Offiu
3/1012006 3:50:20 PM
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Approved By
Transportation Services
TECM.ROW
3(13/2006 4 :43 PM
Najeh Ahmad
Director
Date
Approved By
Transportation Services
Transportation Engineering &
Construction Management
3'1412006 8:4B AM
Norm E. Feder. AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
3f'!4!2006 9:37 AM
Approved By
ManagementfBudget Analyst
Date
Lisa Taylor
Transportation Services
Transportation Administration
3/14r2006 11:15 AM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Trans.portation Services Admin
3/14/20062:17 PM
David C. Weigel
County Attorney
Date
Approved By
County Attorney
County Attorney Office
3/1612006 3:41 PM
OMB Coordinator
Administrative- Assistant
Date
Approved By
County Manager's Office
Office ot Manage-ment & Budget
3117/20068:04 AM
Michael Smykowski
Managoment & Budgel. Dire-ctor
Date
Approved B)'
County Manager's Office
Office of Mana-gement & Budget
3117/200610:56 AM
James V. Mudd
County Manager
Datft
Approved By
Board of County
Commissiooers
County Manager's Office
3/17/2006 4:04 PM
Agenda Item No. 12B
March 28,2006
Page 5 of 10
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT OF THE STATE
OF FLORIDA, IN AND FOR COLLIER COUNTY, FLORIDA
CASE NO. 04-0561 CA
COLLIER OUNTY, etc.,
Petitioner,
v.
PARCEL 178
TEODORO GIMENEZ, et al.
Defendants.
*****************************************
STIPULATION OF THE PARTIES
Pursuant to the Mediation Conference held on the 24th day of February 2006,
the parties have agreed to abide by the following:
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Agenda Item No. 128
March 28. 2006
Page 6 of 10
~CIITIQI\I At-In TJ,./A-~-T-H~'li-:~l JtJ{iC}~L
~ V- e;~_~
ELLEN CHADWELL, ESQUIRE
Office of the County Attorney
3301 East Tamlami Trail
Naples, FI . a 34112
Attorne 0 P. . e
239..7
BRIAN P. P TCHEN, E QUIRE
1000 Brickell Avenue, Suite 1112
Miami, Florida 33131
Attorney for Defendant
305-372-1112
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DEFENDANT
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March 28,2006
Page 7 of 10
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Agenda Item No. 13A
March 28, 2006
Page 1 of 2
EXECUTIVE SUMMARY
PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR
THE FISCAL YEAR ENDED SEPTEMBER 30, 2005.
OBJECTIVE: Presentation of the comprehensive annual financial report for the fiscal year
ended September 30, 2005.
CONSIDERATIONS: The Clerk of the Circuit Court serving in the capacity as Ex-Officio
Clerk to the Board of County Commissioners is responsible for coordination of the annual
independent audit along with the production of the comprehensive annual financial report
(CAFR).
In this role, the Clerk is pleased to present to the Board the comprehensive annual financial
report for the fiscal year ended September 30, 2005, which includes the Government Finance
Officers Association Certificate of Achievement for Excellence in Financial Reporting for the
fiscal year ended September 30, 2004. The comprehensive annual financial report (CAFR)
represents a significant investment of effort by both the Finance and Accounting Department and
County staff. We would like to express our sincere appreciation to KPMG LLP, the Board, the
other Constitutional Officers, the County Manager, the County Attorney, the Division
Administrators and the Department Directors, not only for their assistance with the CAFR, but
for their cooperation throughout the year in matters pertaining to the financial affairs of Collier
County.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact.
LEGAL CONSIDERATIONS: There are no legal considerations outside the requirement to
have an annual audit.
FISCAL IMPACT: There is no fiscal impact.
RECOMMENDATION: That the Collier County Board of County Commissioners accept the
comprehensive annual financial report for the period ended September 30, 2005.
Prepared By:
(
Date:
'Z-",,/~
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I
-
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1:JA
Agenda Item No. 13A
March 28. 2006
Page 2 of 2
This item to be heard at 10:00 a.m. Presentatlon of the Comprehensive Annual Financial
Report for the Fiscal Year ended September 30, 2005 A copy of the 2005 Comprehensive
Annual Financial Report has been given to each Comrmssioner. A copy is available for
viewing at the Clerk of the Circuit Court's Finance and Accounting Office
3128/20069.00:00 AM
Approved By
Jam% V. Mudd
Board of County
Commissioners
County Manager
Dat.
County Manager's. Office
3/3120067:01 PM
Agenda Item No. 16A1
March 28, 2006
Page 1 of 4
,"-'"
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Pine Air Lakes Unit Six"
OBJECTIVE:
To approve for recording the final plat of "Pine Air Lakes Unit Six", a subdivision of lands located
in Section 11, Township 49 South, Range 25 East, Collier County, Florida, following the
alternative procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERA TIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Pine Air Lakes Unit Six". These documents are in compliance
with the County Land Development Code and Florida State Statute No. 177. All fees have been
paid. There are no required subdivision improvements associated with this plat.
Engineering Services Department recommends that the final plat of "Pine Air Lakes Unit Six" be
approved for recording.
FISCAL IMPACT:
--
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: $1035.00 plat review fee
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of
the construction plan final approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. 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.
--
Agenda Item No. 16A1
March 28, 2006
Page 2 of 4
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents.
RECOMMENDA TION:
That the Board of County Commissioners approve the Final Plat of "Pine Air Lakes Unit Six"
for recording.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A1
March 28. 2006
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A1
Recommendation to approve for recording the final plat of Pine Air Lakes Unit Six.
3/26120069:00:00 AM
Prepared By
Senior Eng ineer
Date
John Houldsworth
Community Development &
Environmental Services
Engineering Services
3/7/20066:50:49 AM
Executive Aide to the BCe
Date
Approved By
Sandra Lea
Board of County
Commissioners
Bee Office
3/7/2006 8.47 AM
Date
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Qel,/elopment &
Environmental Services. Admin,
3/7/2006 12:28 PM
coes Engineering Services Director
Date
Approved By
Thomas E. Kuck. P.E.
Community Developmont &
Environmental Services
COES Engineering Services
3171200612;57 PM
OMS Coordinalor
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
3/1512006 B:28 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
E,wlronmenlal Services Adminstrator
Date
Community Development &
Environmental Services Admin,
3115120067:39 PM
Budget Analyst
Date
Approved By
--
Mark Isackson
County Manager's Office
Office of ManagHment & Budget
3/16/20068:50 AM
James V, Mudd
County Manager
Date
Approved By
Board of County
Commissioners
County Managers OffIce
3/1GJZ006 2.:19 PM
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Agenda Item No. 16A2
March 28, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Caldecott", 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 "Caldecott", a subdivision of lands located in Section
21, Township 50 South, Range 26 East, Collier County, Florida, following the alternative
procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERA TIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Caldecott". 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 "Caldecott" be approved for
recording.
FISCAL IMPACT:
The project cost is $759,308.00 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $177,742.67
- $581,565.33
The Security amount, equal to 110% of the
project cost, is $835,238.80
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: $23,874.24
Agenda Item No. 16A2
March 28, 2006
Fees are based on a construction estimate of $759,308.00 and were paidFj~~,4
2005.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1,095.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 1,333.07
c) Drainage,
Paving, Grading (.75% const. est.) - $ 4,361.74
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $ 3,999.21
e) Drainage, Paving,
Grading(2.25%const.est.) - $13,085.22
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of
the construction plan final approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAL/ARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. 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.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents.
RECOMMENDA TION:
That the Board of County Commissioners approve the Final Plat of "Caldecott" for recording
with the following stipulations:
1. Approve the amount of $835,238.80 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 Summary:
Meeting Date:
Agenda Item No 16A2
Marct! 28, 2006
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A2
Recommendation to approve for recording the final plat of Caldecott, approval of the
standard form Constrllction and Maintenance Agreement and approval of the amount of the
performance security
3/28/2006 9:00:UU AM
Senior Engineer
Date
Prepared By
John Houldsworth
Community Development &
Environmental Services
Engineering Services
3/71200611:19:13 AM
Constance A. Johnson
Date
Approved By
Community Development &
Environmental Sen/ices
Operations A.nalyst
Community Development &
Environmental Services Admin.
3171200612;28 PM
Apprond By
Thomas E. Kuck, P.E.
Community Development &
Environmental Senrices
CDES Engineering Services Director
Date
COES Englneoering Services
3n/2006 12:58 PM
Sandra Lea
Executive Aide to the Bee
Date
Approved By
Board Of County
Commissioners
BCC Office
3/B12006 1 :52 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental SeNices Adminstrator
Date
Community Development &
Environmental Services Admin,
3/8/20064:02 PM
Administratiye Assistant
Date
Approved By
OMB Coordinator
County Manager's Office
Office of Managfl'ment & Budget
3115/20D& 8:28 AM
Mark Isackson
Budget Analyst
Da.te
Approved By
County Manager's Office
Office of Management & Budget
3/15/20069:24 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Pate
County MBnsg06r's Office
3/161200611:59 AM
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Agenda Item No. 16A3
March 28, 2006
Page 1 of 3
"....-
EXECUTIVE SUMMARY
Recommendation to award RFP #05-3888 Development of a Final Management Plan for
the Railhead Scrub Preserve, a Conservation Collier property, and a template for a Final
Management Plan that can be applied to all Conservation Collier Preserves, at a cost of
$38,821 to URS Corporation Southern.
OBJECTIVE: To obtain consulting services for development of a Land Management Plan for
the Railhead Scrub Preserve, a Conservation Collier property, and for development of a template
for a Land Management Plan
CONSIDERATION: As of March 2006, Conservation Collier has acquired 11 preserve
properties, including one multi-parcel project. The Conservation Collier Ordinance, 2002-63,
Section 14.2 states that a final management plan shall be prepared for each property that will:
. Identify necessary management activities to protect and manage the resource,
. Identify appropriate uses, and
. Estimate annual management costs.
..-
Another important use of management plans will be to seek grant funding from state and federal
grant sources for:
. Post acquisition funding partnerships,
. Funding various management activities, and
. Development of public access amenities.
The Conservation Collier program is now beginning to focus on land management activities on
acquired properties. Staff has not previously prepared management plans and is seeking the
services of a consultant to assist with developing the first management plan for the Railhead
Scrub Preserve. This plan will also serve as a template that can be used by staff to prepare
subsequent management plans. Development of land management plans that are capable of
meeting not only County but various state and federal grant funding agency requirements would
require significant research and time that is not available considering Conservation Collier
staffmg levels.
Accordingly, staff developed a Request for Proposals (RFP) to select a qualified consultant to
develop a Land Management Plan for the Railhead Scrub Preserve. The RFP was issued on
September 9, 2005. One hundred and six (106) inquiries were sent, 23 vendors requested a
package and responses were received from 3 firms on September 30, 2005. A selection
committee was fonned according to standard Purchasing Procedures, which recommended the
selection ofURS Corporation Southern. The selected consultant has over 50 years of experience
in assisting state, federal, non-profits and private owners in developing conservation services and
is currently assisting Miami-Dade County's Environmentally Endangered Lands (EEL) Program
in preparing land management plans for 35 to 40 EEL sites.
- FISCAL IMP ACT: Contract negotiations have been completed with URS Corporation
Southern. Funds are available within the Conservation Collier Land Management Fund (174) to
Agenda Item No. 16A3
March 28, 2006
Page 2 of 3
fund this contract. However, the current operating budget allocation is not sufficient to fund the
development cost of the Management Plan; current projected needs for invasive exotic removal;
and other management efforts anticipated during this fiscal year. Thus a budget amendment
moving dollars from Fund (I 74) reserves in the amount of$38,800 is required. As a result of this
budget amendment, current reserves totaling $5,57 I ,300 will be reduced to $5,532,500.
Staff is preparing a Florida Communities Trust (FCT) grant application for the Railhead Scrub
Preserve in 2006 and will seek to provide a management plan that meets all FCT requirements.
Developing a professional template for management in the beginning ofthe Conservation Collier
Program will save money in the long tenn by positioning the program to be compliant with
various grants requirements and by avoiding a trial and error process in which grant funding
would require amendments of existing plans.
GROWTH MANAGEMENT IMPACT: Execution of the contract will support objectives of
the Conservation and Coastal Management Element of the County Growth Management Plan
that call for protection, conservation, management and appropriate use of the County's natural
resources.
LEGAL CONSIDERATION: The proposed contract has been reviewed and approved by the
Purchasing Department and the County Attorney's Office for fonn and legal sufficiency.
RECOMMENDATION: That the BCC approve award of contract 05-3888 to URS
Corporation Southern in the amount of $38,82 I, authorize the Chairman to sign the standard,
County Attorney approved contract and approve all necessary budget amendments.
Prepared by: Alexandra Sulecki, Coordinator, Conservation Collier Program
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A3
March 28, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A3
Recommendalion to award RFP #05~3888 Development 01 a Final Management Plan for the
Railhead Scrub Preserve, a Conservation Collier property, and a template for a Final
Management Plan that can be applied to all Conservation Colher Preserves, at a cosl of
$38,821 to URS Corporation Southern
312812006900:00 AM
Se-nior Environmenral Specialist
Date
Prepared By
Alexandra J. Sulecki
Community Developmi'nt &
Environmental Se~ices
Environmental Services
3110120064:44:46 PM
Linda Best
Contracts Agent
Dot.
Approved By
A.dministrative Services
Purchasing
3(13120068:19 AM
Approved By
Kalsey Ward
Adminis.trative S&rvices
Senior Purchasing and ContractlO. Agent
Date
Purchasi ng
3113120063:56 PM
Cheri Rollins
Administrative Assistant
Date
Approved By
Community Development &
Environmental Services
Environmental Services
3/13/20064:52 PM
Approved By
Date>
Constance A, Johm;.on Operations Analyst
311.3/2006.$;55 PM
Appro'\'cd By
Community Development & Commu"lty Development &
Environmental Services Environmental Services Admin,
William D, Lorenz, Jr., P.E,
Community Deveiopment &
Environmental Services
Environrnantal Services Director
Date
Environmental SGrvices
3.'14/2:00610:47 AM
Sandra Lea
Executive Aide to the BCe
Date
Approved By
Board of County
Commissioners.
Bec Office
3f15J2D0611:15AM
Joseph K. Schmitt
Date
Approved B~'
Communily Development &
Environmental SeIVico5
Community Development &
Environrnent031 Services Adminstrator
Community Development &
Environmental SelVices Admin.
3J15'2006 7:46 PM
OMS Coordinatnr
Administrative Assistant
Date
Approved By
County M.mager's Office
Qffict' of Managamflnl & Budget
3/1612006 10,05 AM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
3116/20065:23 PM
Lao E. Odw, Jr,
Df~puty County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
3110/20068,35 AM
Agenda Item No. 16A4
March 28, 2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Banyan Woods". The roadway
and drainage improvements will be privately maintained.
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as "Banyan Woods"
CONSIDERA TIONS:
1. On February 25, 2002, the Board of County Commissioners granted
preliminary acceptance of the roadway and drainage improvements in
"Banyan Woods".
2. The roadway and drainage improvements will be maintained by the
project's homeowners association.
3. The required improvements have been constructed in accordance with the
Land Development Code. The Engineering Services Department has
inspected the improvements and is recommending final acceptance of the
improvements.
4. A resolution for final acceptance has been prepared and approved by the
County Attorney's Office. A copy of the document is attached.
5. This Executive Summary has been reviewed and approved by the
Transportation Services Division.
FISCAL IMPACT:
The roadway and drainage improvements will be maintained by the project's
homeowners association.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution.
-
Agenda Item No. 16A4
March 28, 2006
Page 2 of 5
RECOMMENDA TION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in "Banyan Woods" and release the maintenance
security.
1. Authorize the Chairman to execute the attached resolution authorizing
final acceptance.
2. Authorize the release of the maintenance security.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review
Department
-
Agenda Item No, 16A4
March 28, 2006
Page 3 of 5
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
ttem Number:
Item Summary:
16A4
Recommendation to grant final approval of the roadway (private) and drainage improvements
for the final plat of Banyon Woods The roadway and drainage improvements will be privalely
maintain9d
Meeting Date:
3/28120069:00:00 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
S"nior Engineer
Date
Engineering Services
3/14120067:54:53 AM
Approved By
Constance A.. Johnson Operations Analyst
Community Development & Community Development &
Environmental Services Environmental Services Admin.
Date
31141200610:25 AM
Approved By
Sandra Lea
Executive Aide to the BCe
Date
Board of County
Commissioners
Bee Office
3/15(200611:17 AM
Approved By
Thomas E. Kuck. P .E.
COES Engineering Services Director
Date
Community Development &
Environmental Services
CDES Engineering Services
3!1512006 2:40 PM
Approved B)'
Joseph K. Schmitt
Community Development &
Environmental Services Adminstralor
Date
Community Development &
Environmenta' Services
Community Development &
Environmental Services Admin.
311512006 7:48 PM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Managltment & Budget
3/16/200610:14 AM
-,
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/1612006 3:37 PM
Approved By
Leo E, Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's. Office
3116/20064:47 PM
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Agenda Item No. 16A4
March 28, 2006
Page 5 of 5
RESOLUTION NO. 06-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COllIER COUNTY,
FLORIDA TO AUTHORIZE FINAL ACCEPTANCE
OF THOSE ROADWAY AND DRAINAGE
IMPROVEMENTS IN BANYAN WOODS, RELEASE
OF THE MAINTENANCE SECURITY, AND TO
ACCEPT THE MAINTENANCE RESPONSrnll..ITY
FOR THE ROADW A Y AND DRAINAGE
IMPROVEMENTS THAT ARE NOT REQUIRED TO
BE MAINTAINED BY THE BANYAN WOODS
HOMEOWNERS' ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
May 22,2001, approved the plat of Banyan Woods for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 04-41, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Engineering Services Section of the Development Services
Department has inspected the roadway and drainage improvements, and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in Banyan Woods and authorize
the Clerk to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for those roadway and drainage
improvements that are not required to be maintained by the Banyan Woods
Homeowners' Association.
This Resolution adopted after motion, second and majority vote favoring same,
this _ day of . 2006.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
, Deputy Clerk
App
suffi
legal
Agenda Item No. 16A5
March 28, 2006
Page 1 of 18
....--
EXECUTIVE SUMMARY
CARNY-06-AR-9339, Duane Wheeler, Carnival Co-Chairman, Rotary Club
of Immokalee, requesting a permit to conduct a carnival on April 3 through
April 6, 2006, in the Immokalee Regional Airport located at 165 Airport
Boulevard.
OBJECTIVE:
Duane Wheeler, Carnival Co-Chairman, Rotary Club of lmmokalee, requesting
that the Board of County Commissioners approve a permit to conduct a carnival
on April 3 through April 6, 2006, in the lmmokalee Regional Airport located at
165 Airport Boulevard. The applicant is also requesting waiver of the surety
bond.
CONSIDERATIONS:
Duane Wheeler, Carnival Co-Chairman, Rotary Club of lmmokalee, has made
application to the Board of County Commissioners for a permit to conduct a
carnival and has presented sufficient evidence that all the criteria has been met for
the issuance of a carnival permit other than the waiver of the surety bond. Staff
does not take issue with the request for waiver of the surety bond, as there have
been no previous problems related to clean up of the site after the carnival. The
required insurance amount of$l ,000,000.00 has been purchased and the Board of
County Commissioners named as additional insured.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the
criteria on which a determination by the Board of County Commissioners (BCC)
must be based and has determined that it meets that criteria, specifically Article n
Sections 10-26 through 10-50 of the Collier County Administrative Code. These
sections refer to the application process, duties of sponsors and owners, waiver of
requirements, and approval 0 f permits.
FISCAL IMPACT:
Approval of this petition would have no fiscal impact on the County.
GROWTH MANAGEMENT PLAN IMPACT:
There is no Growth Management Plan Impact.
RECOMMENDA TION:
Staff recommends that the Board of County Commissioners approve the permit to
conduct a carnival and waive the surety bond.
-
PREPARED BY:
Cecilia K. Martin, Planning Tech
Department of Zoning and Land Development Review
Agenda Item No, 16A5
Marcil 28, 2006
Page 2 of 18
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
161'.5
Meeting Date:
CARNY~06.AR-9339, Duane Wheeler, Carnival Co-Chairman, Rotary Club of Immokalee,
requ8stlng a permit to conduct a carni....al on April 3rd through April 6, 2006, in the Imrnokalee
Regiollal Airport located at 165 Airport Boulevard.
3/26/20069:00:00 AM
Prepared By
Cecilia Martin
Planning Tech
Date
Community Development &
Environmg."tal Services
Zoning & land Development Review
3/9/20062:35:48 PM
Approved By
Susan Murray. AICP
Community Development &
Environmental Services
Zoning & Land Ol!!velopment Director
Date-
Zoning & Land Development Review
3/15/20064:34 PM
Approved B}'
Sandra Lea
Executive Aide to the ace
Date
Board of County
Commissioners
Bce Office
3/16/20068:53 AM
Approved By
Constance A. Johnson Operations Analyst
Community Dewlopment & Community D~lvelopment &
Environmental Services Environmental Services Admin.
Date
3/16/20068:54 AM
Approved By
Joseph K Schmitt
Community Development &
Environmental Services Adminstrator
Date-
Community Development &
Environmental SeNlcas
Community Development &
Environmental Se......ices AdmIn.
3/10/20068:16 PM
Approved By
OMS Coordinat,or
Administrative Assistant
Date-
County Manager's Office
Office of Management &. Budget
3!17!200611:18 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/17/200612:38 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3,117/2006 2:51 PM
Agenda Item No. 16A5
March 28, 2uuo .
Page 3 of 18
'II'
March 2. 2006
CARNY -06-AR-9339
Rotary Club of Immokalee Carnival
Immokalee Regional Airport
Susan Murray
Zone Department
2800 Horseshoe Drive
Naples, Florida 34134
Dear Susan,
The ROTARY CLUB OF IMMOKALEE, the oldest civic group in Immokalee,
is planning a carnival at the IMMOKALEE REGIONAL AIRPORT. The date
for this event will be April 3, 2006 thur April 6, 2006. The hours we will be
open are Thursday and Friday 6pm to lIPID and Saturday and Sunday 3pm
to llpm.
The BIG HEARTED JERRY'S (carnival), Gibsonton, Florida, is the name of
the carnival that will provide the rides and games.
We will send you a legal description of the airport property.
SEE ATIACfED.
Also the layout of the rides and concession at this event.
SEE ATIACfED.
On the 28, of March 2006, we will go in front of the County Commissioners
for approved.
;;J:::~
Duane Wheeler
Carnival Co-Chairman
Rotary Club of Immokalee
MARCH 2, 2006
Board of County Commissioners
Naples, Florida 34112
CARNY -06-AR-9339
Rotary Club of Immokalee Carnival
Immokalee Regional Airport
--Ag.enda-Item No :t..6A5..-~
March 28, 2006
Page 4 of 18
Dear Commissioners,
The Rotary Club of Immokalee, the oldest civic group in Immokalee, is
planning a carnival at the Immokalee RegionalAirport. The date for this.
event will be April 3, 2oo6-thur .Apri16, 2006. The hours we will be open
are Thursday and Friday 6pm to Ilpm and Saturday and Sunday 3pm to
llPm.
The BIG HEARTED JERRY'S, Gibsonton, Florida, is the name of the
carnival that will provide the rides and games.
We are asking for your approval concerning this event. We are also asking
that the Security Bond be waived. We are paying a Security Bond to the
Immokalee Regional Airport. All proceeds raised through this event will be
distributed throughout the community of Immokalee.
Thank you for helping us with this event.
~J0U
Duane Wheeler
Carnival Co-Chairman
Rotary Club of Immokalee
Agenda Item No. 16A5
March 28, 2006
Page 5 of 18
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
Trans Number
646514
Date
317/2006 3:44:29 PM
Post Date
3/8/2006
Nbr
Appl Name: ROTARY CLUB OF IMMOKALEE
Appl Stage/Status: REVIEW STAGE NO. 1/PENDING
Address: PO BOX 5274 IMMOKALEE FL 34143
proj Name: IMMOKALEE PARKS & RECREATION
Type: T AZ: 252
Subdiv Nbr: 100
Project Nbr: 2001010016
Payor: ROTARY CLUB OF IMMOKALEE
Fee Information
GL Account
13113832634122000000
Total
Amount Waived
$275.00
$275.00
Payments
Pa ment Code
CHECK
Account/Check Number
1500
Total Cash
Total Non-Cash
Amount
$275.00
$0.001
$275.00
$275.00 I
Total Paid
Memo:
Cashierllocation: HILLCAROL / 1
User. LEWMIKE
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed:317/2006 3:44:57 PM
COLLIER COUNTY AIRPORT AUTHORITY
2005 Mainsail Drive, Sle. 1
Naples, FL 34114-8847
(239) 642-7878
Fax (239) 394-3515
Agenda Item No. 16A5
March 28, 2006
f18
A Certified Blue Chip Community
March 1, 2006
CARNY -06-AR-9339
Rotary Club of Immokalee Carnival
Immokalee Regional Airport
Rotary Club of lmmokalee
Richard Rice / Dwayne Wheeler
P.O. Box 5222
lmmokalee, Florida 34143
Dear Mr. Rice,
The Collier County Airport Authority hereby grants you permission to utilize the "Events
Area" located on the Southwest section of the lmmokalee Regional Airport for a carnival
celebrated on April 6, 2006 thru April 9, 2006. Your set up dates is April 4th & 5th, 2006
and your dean up date is April 10, 2006. You will be charged $150.00 per day plus sales
tax for 7 days, which is consistent with the Collier County Airport Authority Leasing
Policy, "Rates and Fees". If you have any further questions please call me at 239-657-
9003.
.Thank You,
~~~o~
Tiffany Mendoza
Administrative Secretary
o Marco Island Executive A'lrporl
2005 Mainsail Orive Sle, 1
Naples, FL 34" 4.8847
(239) 394-3355
(239) 642-5427 Fax
o Immokalee Regional Airpoirt
165 Airport Boulevard
Immol<alee, FL 34120
(239) 657-9003
(239) 657-9191 Fax
o Everglade. A;rpar~
P,Q. Box ee9
650 E,C. Airparl< Road
Everglade. City, FL 34139
(239) 695-2778
(239) 695-3556 Fax
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Agenda Item No. 16A5
March 28, 2006
Page 8 of 18
Collier County Sheriff's Office
3301 Tamiami Trail East <
Building "J"
Naples, FL 34112
Telephone (AC 941) 774-4434
March 3, 2006
Mr. Duane Wheeler
Rotary Club of Immokalee
P.O. Box 5278
Immokalee, FL 34142
Dear Mr. Wheeler,
This letter is to confIrm that I have had the opportunity to review the proposed plan for
the upcoming carnival event scheduled for April 4 through April 6, 2006 to be held at the
Immokalee Regional Airport.
In reviewing the plan, I anticipate no major law enforcement problems. As time permits,
deputies will also be visible at the fair, however, you can arrange for special contract
deputies or outside security for full time dedication for this event. For further
information on contract deputies, you may contact our Special Services Bureau and speak
with 1st Sgt. Mike Jones at 239-774-4434.
Please call us if we can be of any further assistance.
Sincerely,
S(;-7. ~ ~0 ~ /g""o3
Sgt. Michael Kastner
Collier County Sheriffs Office
Immokalee Substation
239-657-6168/Fax 239-657-5708
MKljrnk
~
Immokalee Fire Control District
502 E. New Market Rd., Immokalee, FL. 34142
March 1, 2006
Richard Rice/Duane Wheeler
Rotary Club of lmmokalee
Dear Mr. Rice and Mr. Wheeler
The Immokalee Fire Control Dist. will provide fIre protection and inspections for the
carnival you are planning April 4th thru AprillOlh, 2006.
When planning the layout, provide at least 24' fire lane around the midway. Fire
extinguishers will be needed per NFP A 10. Fire extinguishers shall be inspected and
tagged as required.
If you should have any questions, feel free to call me at 657-2700.
Sincerely,
~~
Leo F. Rodgers
Fire Marshal
General Office 239-657-2111
Fire Prevention 239-657-2700
Fax 239-657-9489
~2/27/20~5 10:17
239&436968
COlJ..IEi< CTY Z::NII'-K3
Agenda It~~~o.0*~~
March 28. 2006
Page 10 of 18
.-
(i)
~NSOB NOTIFICATION FORM FOR TEMPORAllY' EVENTS
Oate(s) of Event:
Sponsor of Event:
Address of Sp01l5Or.
Penon in Charge of Food Service:
PhODe: 3& 3 - lj t. 7- q~:l k.
Namber of'Food aad Beverage Booths:~
Estimated number of attenden expected at tile eveat at OIle tint!?
Number of toiletS to be provided:
r
Rota.-2lJ rJ (J,6 ()-+ r VYl>>fo.klee r J4-ffl)IIJ~(
(}olhf~ (.6u~ a I~f. nod..
I
Houn of Operatiolll_
J<o1o ~r tkh o~ 3m,., u Wee
p. 0; ~~ -5'22.'- .::HH~~ I rL i
Jf.Y'J'lV 13QHeL~d~ .L RJ4Y S.qN~J,
I Z
Name of Event:
Addr... of Event:
/6) 000.
POIiable: Male (:L) Female ( :t.)
pennaJleltt: Male ( ) Female ( )
Mlrthod or tDOet waste disposal: p{'Jl't f a..le T Go,
Describe method of Iiq1lid kttehell 'W'1Qte disposal:
T I11J11t1M~e
Dflerlbe eo.tainers and method of lolld waste dbpo.aI <s_bage):
1) l :s lXJ5 Nt Co ,14tc.
Namber of s~d waste disposal coDtahters provided: /
De.cribe fadlides and method of Iland.wuhln~:
Describe faclIl'des and method of .teusil ",ashi_1t rinsblgaud sanitizing:
.J ..:nV 1:::. .I AJ . 7 f:1..1J. , L ~ r"l
Soutte of potable watel': I I'hIH/JkJ1ke.. u.J d'lL cl S..eUJ'K-
FOT lJl1ol'matiollll1d AMi.laDCl!, cODtlet:
Euvironmental Health" Eql.,eeri_& DClpartmat - ('4\) 403-24!i>>Sl
62/27/26~6_ la:17
23%436958
COLLIER CT'I 2CNING
PAGi=" 04101
Agenda Item T\Jo. 10Ab
March 28, 2006
Page 11 of 18
Failure to comply witll appUeable food sen1ee reqairements i. AeCordance with
Chapter 10D-13, Florida AdmiJa.lltrattve Code, may raIIlt iD enforcement aetion. Do you
DDderstaud tlais completely?
YEsKJ
NoD
I ceriify that to tile best of my kaowleclF ad belief aD oCtile stAtemeDU eoDtlliDed berein
..d on aDY attackDldu are true, correet, complete. aDd made in good faith. I undel'$wd
that these regulations include food. intended for lemu to tile public reearclleu of whether
there II a c......e Cor the food. I acree to HI.me ftspoa.ibiUty for tbis eltabUshment and I
certify tblt said bulBs!I will be condueted ID tom.pliaBce witb the Florida Admlnilltrath-e
Code, Chapter 10D- U.
~71~
Signature of Applicant
Date: 3.. - 2cJ h
C.4Jl"OTVAL PETITIo,,", Al'PLICAl1ON1
INDMDllAL BOOTH NOr/'ICA TlON FOnt FO.- TEMJlOLUY EYI!!vTS
e2/27/26~G 16:17
23'.3li43J%8
COLLIER CTV za.mt1
Agenda Ite~l\,. ~Ag7
March 28, 2006
Page 12 of 18
;,
"
ADDRESSING CHECKLIST
Please complete the followinaAl\TD FAX fJ9-659-SrifJ Oil SUBMIT IN PBRSON TO THE
ADDRESSING SECTION. t:9RM MUS BE SIG"R_BYAl'J}RESSING --' . . ~
.,' . Not Bll itc:ms win apply to every project. Items in bold type arc required.
2. Folio (Property ID) D\I~f above (attach to. or associate with, legal description if""'''' than one)
r '-A ((] ?II C') (} \ \ ..t:).."SG, () ("l () 8
3. Street address Of addresses (as applicable, if alr,adj1 assignej)
I/IRWIJY\ /:JUt? + t;~. g~
4. LlK:ation map, showing eJ(,act location of projeetlsite in rcll!rtion to nearest public road right-of-'W&y (attach)
5. Copy ofsurvey (NEEDED ON!. Y FOR UNPLA'ITED PROPERTIES)
6. Proposed proj e (if apP,ltcabr;, I
cJ, rm#totHt~.P (1lJtAl/)ff)
7. Proposed Street names (i applicable)
a [1'1 ~o..y _'5 I1VC .
8. Site Development Plan Number (FOR EXISTING PROIECTSISITES ONLY)
SOP
9. PetitioD Type -(Complete a scpara:te Addressing Checklist for each Petition Type)
PPL (plans & Plat Review)
PS'P (Preliminary Subdivision Plat)
FP (Final Plat)
LLA (Lot Line Adjustment)
BL (Blasting Pcnnit)
ROW (Right-of. Way Pam,it)
EXP (Excavation Pennit)
VRSFP (Veg. R,e,mova.l &. Site Fill Pemlit)
!DR (Transfer ofDevelopmen't Rights)
3-1-()~
Approved
.~.
"'&
PUBLIGWORY~ ENGINEERING DEPtiR.~~~~
~JOI EAST TAMIAMI TRAIL NAPLES, FLORIDA '41rI1210f 18
(941) 774-8192
;
LEGAL DESCRIPTION (NOT A SURVEY)
PROJBCT NO..
PARCEL NO...
FOLIO NO...
........
I
COMMBNClNO AT THI NORntWIST COItNBR 0' JBC110N 2. TOWNSHIP 47 SOI1l1f. lANGI 2t BAST.
COLLI1Ul COUNTV. FLORIDA; mlNCB SOUnt IPBoIlBB 30 MINUT8S,i4 SBOONDS WEST. A DISTANCe
OP 2680.88 'BET: 11fENCB NORTH 17 DBGRliBS 42 MINUTES 3' SBCONDS WEST ALOHa 1118 NORTH
RIGHT OF WAY UNa OP COUNlY ROAD 846. A. DISTANCi 0' ..z~80.11 PBBT; 11IBNCB NORm 17
DSOREBS 043 M1NUTBS 00 SBCONDS WBS'J'. A blSTANCB OF 3P7.0 FBBT; 111BNCB LE4 VlNO SAID
NORm JUORT OF Wit. Y UNS Noam Ie DJIORBBS.U WlNU11IS IS SBCONPS BAST, A blSTANCB 0'
669.6S FBBT. TRENCH NORm I DEGUB 2$ WINUI'BS 4' SBCONDS BAST. A DISTANCB O' IIO..~ PBa. i
TIiENCS NOllm 21 DBOREES 20 MINUTIIS os SICONDS WBST. A DISTANCII OP 045.2' fEiTTO 1HB
POINT Oi B!GINNING: mENCB CONTINUINO NOR11I ALONO SAID UNE. A DISTANCB OP 213.26
FEBT; nmNCB NORTH 24 DBGRBES 31 MINU1'BS 25 SBCONDS WBST. A DISTANCB 0' 156.39 F&BT;
nmNCB NORTH 18 DEQR.BBS 23 MINUTBS 08 IBCONDS BAST ALONG niB BAST mORT 0' WA V LINn
OF 1llB SBABOARD COAm.1N8 RAILIlOAD, A DISTANCB 0' 208.02 PBET: TRENCH HOR11IIa
DEGnEES 46 MrNtTIliS 4sa SBCONDS I!A.ST, A CISTANeB 0' 2721.00 PI!BT; 'I1fENCB LEAVING SAm EAST
RIGHT OF WAY LINE NORm ... DIiOkBES 30 NINtn"ES 00 SSCONnS EAST.'A DISTANce OP 840.00
FEET; meleE SOUTH 1 DSGREE 30 MINUJ"ES 10 SECONDS WEST. It. DISTAt.CS OF :'25&.011 FEJ'&;
,..rCENQi NORTH II CSOREE! :!9 MfII"l[J!U so SUCO)08li& WEST, ~ DISTANCB OP 4~o.oo FBKI'; THENCB.
SUUTH I DEORE~ 30'MlNUTES 10 SACONPS WEST. A DISTANcI O. 360.00"BBT; 111ENCB SOUTH .1
DBGREES 20 MJNtJI1iS SO SECONDS EAST. A DISTANCB 01' ~50.00 FEET; THENCe SOUTIII DEGREE 30
MIN'l111iS 10 SECONDS WEST, A DISTANCIi OP 700.00 FEST; mENCS SOtmf ~s DEOREES 00 MINUTES
00 SECONDS EAST, A DISTANCE Of 150.00 F&81: 1lfBNCB sourn 45 D&OREES 00 MINl1rES 00
SECONDS WEST, A DISTANCH 0' ISO.OO P88T; THBNCB SOUTH ~3'DEQREBS 30 MINl1I'ES 06 SBCONDS
WEST. A DISTANCE OF 1613.9S FliRT: 11IBNCB NORTH I DBGREB 2S MINUTES 45 SECONDS EAST. ^
DISTANCE OJi 1480.00 FEET; ntENCB SOUTH II DBORBES 34 MINUT2S IS SBCONDS BAST, A DiSTANca
OF 670.00 FGIiT; THENCE NOR11f1 DEaRBR 25 NINt1I1iS45 SECONDS BAST, A DISTANCB OP 370.00
FEET; lllENCU NORnl.1 OIiORnn.c; 34 MINlrrn.c; 1$ SIiC'ONOS WI$T. It. DISTANCIi OP 137.52 FnET TO
TIlE l'OINT or- nnGlNNINoi SAID DE.4;CRIBlln ..1tACf CONTAININO 137.014 ACRES (S.971.401) SQUARJI
FEIi11. MORE OR LESS.
IAl'SJUA
~
-
--
2800 N. Horseshoe Drive, Naples, FL 34104
Make Check Payable to: Collier County Tax Collector
Phone: 239-403-2477 Website: www.colliertax.com
CHECKLIST
.....J Copy of Articles of Incorporation or Fictitious letter from ~ Yellow Fire Compliance (list of fire district phone number
-r- the State stating that your business name is on file. enclosed)
(850-245-6052 or 6058) www.sunbiz.org
_ Copy of State license from Department of Business and
Professional (850-487-1395) or Department of Health.
(850-410-3359)
_ Copy of Marco Zoning Certificate. (239-389-5000)
~ Completed Zoning application with appropriate fee made payable C1J1. I ~ f I':
to: Board ofcf>ntlt:rtsioners. ~~ ZN/~VIrC...
~ com~cupational License application with appropriate fee
made payable to: Collier County Tax Collector. (239-403-2477) --
_ Copy of City Occupational License. (239-213-1800)
_ Copy of Motor Vehicle Repair Registration Certificate
from Department of Agriculture. (800-435-7352)
_ Other:
_ Copy of Health inspection from Department of Hotels and
Re~''''~Rt[ (i50 4i7 1395) QTn"po...",,,n. of A~..nl'nr"
(800-435-7352)
CHECK ONE:
~ Original Application
_ Transfer of License #
Renewal of License #
/
Date: ~
Classification C-) . (~
Code Number - -
License Amount , () C:l ~ ~ <::::\
CORPORATE NAME -
DBA NAME - ,A"1 #~A1 /( IfJI r2f/19t1fY
BUSINESS OWNER OR QUALIFffiR'S NAME - \5" ~ ~4j- 1ZP ,i.~tI~
PHYSICALADDRESS- 'B5',/) #rJ>'~Y ~-C--.,G.2 ~0 G/b('5'~?. 7o~;L :J-"jftl#'
(No P.O. Box allowed) /
IS RESIDENCE USED AS AN OFFICE - V Yes _ No
BUSINESS MAILING ADDRESS _&-f// ./Jo,,4Y' JPYe,.,.?? f?J;~.i.l..50~ /0.., F ~$;;/
Street ~ Clty./ ZIp
OWNER OR QUALIFIER'S RESIDENTIAL ADDRESS - .5' ~~ --r .
TELEPHONE-Business: /- 't1:J-~99- J-Y.gf/ Home: S-&'m...{
LEGAL FORM OF BUSINESS: ~sole Proprietorship Partnership _ Corporation _ LLC _ LLP
OPENING DATE OF BUSINESS OR DATE ASSUMED -
OFFICE WITHIN CITY LIMITS OF NAPLES - _ Yes K No If Yes, City License No.
SOCIAL SECURITY NO. or FEDERAL EMPLOYER IDENTIFICATION NO.
TYPE OF BUSINESS CONDUCTED: ,/Y'<;;1 // \.R//),.y,..p../"'I'-/ 'If?ltJ~.C;
NUMBER OF EMPLOYEES - Including of number of owners: ;r
FILL IN THE APPROPRIATE AREAS -
a) Rental units (motel/hotel/apts.) Number of units:
b) Seating Capacity (rest./cafes, etc.) Number of seats:
c) Number of coin-operated machines owned by business or individual:
12) STATE LICENSE OR CERTIFICATION NUMBER -
Must have photo copy of state license if state licensed and certified
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREG~IN DOCUMENT AND
THAT THE FACTS STATED IN IT A E T UE TO THE BE OF MY KNOWLEDG .
xxxAPPLlCANT'S SIGNATURE: ~~ DATE ~
(Owner and/or representative ofhusine .) TITLE:
****THIS LICENSE IS NON-REFUNDABLE FOR INESS STATED ABOVE****
lb)
2)
2a)
3)
03/01/20CG WED 13: 23 i1AX 7273476209
PAODl.JCa
~o C 2/002
Agenda Item No. 16A5
March 28, 2006
I'~;',
Haas 13nd Wilkerson. Inc.
727.347-3".5
-, , . .:(.
...IlIf.)l)1'tV) ,~,
3101106 ;'
THIS Cl!RTIPlCATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMI!ND. EXTEND OR
ALTER THE COVERAGE AfFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COveRAGE
PO Box 41740
St Petersburg FL 33743
CCI\l~At.y
A
~ CC~PAAY
COM~~r'Y
C
Ace American lnsurence Co,
'NSlII\ED
Big Hearted Jerry's
Jerr'{ Bohlendef dba
B611 Honeywell Roed
Gibsonton FL 33534
CO/IA PI>Nf
o
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THIS IS TO CERTIFY ntAT THE POLICIES OF INSURA"'CE :",STEO eEl.OW HAVE BEEN ISSUW TO THE INSURED NA~ED ABOVE FOR THE POliCY PERIOD
INOICATED, NO-WITHSTANDII~G AII'r' REOUIR:MI!NT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUM8\:l WJT~ RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUEt OR MAY PERTAIN, TH: INSURANCe; AFFORDED BY TrlE POLICIES OESCRIB8) HEREIN IS SUBJE':;- TO ALL THE TERMS.
5XCLUSIONS ANO CONOrTlCNS or SUCH POl.lCIES. LIMITS SHOWN M~,Y HAV!! BEEN RfOUCl!C BY PAID C~AIMS.
co '------r - j P~CV &FJlSCTlVf I POUCY EXPlRATlOf'I !
LiR TYI'f OF INIUMNCE POUL'\' NIJMiW! I PATE lMMIDlllYVI CArE IlllMiDllIYYl
A I Qm~L llABlUTY I G20495194 5/08/06 5/08106
~ OJ~MERCIAl. (lENI:II~A8IL1TY, . Aggregate Is
,',':< ':" J C(A!:'4S MAl); 1 X , "C:::IJR Per Location
a-::.:.s · CONTR"CTOR'S PROT
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llma
~SUERA;.,ACat\!'.:lA~~-1!_._~
: 'RO~VCTS-COMP!v'AGG : * 2000000
, ..----.--"T--
~P.ERSONAI. & ADV '~JIJR~_,~--1:.~~.
EACH OCCVfIiIENCE I . IOOOOOO
fl~E Dl1.~ IAnv """ t"el.__.
'000
AUTOMOBILE llAlllUTY
n ANV Al.JTO
~J Acl OWNEO .-UTOS
~' 5C>tEDULSU A!/TO;;
'i'RE;;l AL;TCS
."0"1, OWNED "\lTD.
. ,
I I ____
MEO EXP (Any on. pol,oonl
LG~E::l SlNOU: UMrT .__~
GAJlAGe UAalUT r
ANY AUTO
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,
~
, IOOt:.V INJURY
~~~l
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-~-
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AlITO ONLY fA ACCIDE'lT I
~T':.
OTHfR Tt<AN AUTO ONL v: r' , ': ',:, "
THE PRC)PRlIiTOF./
"ARTNeR5IEl(~TVE
OfFICERS ME,
OTfoElI
r-
L., 'NCl
EXCI.
ex~& lWlJlJfV
U UMBIIEllA FO~M
L~~ THAI'; VMSREl.lA FO"M
WOKKalS COMPENlATJCN AND
eMI'LOYt/lS' UA8IIJTY
llEliCIWPrlUN Of OPfMflONSllOCATIONSIYDlICLESlSP!;CI.&llTEMl
ADDITIONAL INSUREDS: BCARJ OF COLLIEFr COUNTY COMMISSIONERS AND AIRPORT
AUTHORITY
DA n:5: APRIL 1, 2006 TO APRIL 1 5. ~006
:;~~M~llirBrtiflfiMjgfiBl@ft1~:W~~1n;#.~~Mi~~H*;%~~~:~~:;::'~~!:ii:;~~=::J!::~~~~!!~'!!~!~~~1
BOARD OF COLLIER COUNTY EXI'lIIAT/~N !>AH TIiERCor, l'IiC I88UING COMPANY WILL ENDl!A.tfOIl TO MAll.
COMMISSIONERS & AIRPORT AUTH. -1.Q.. CAYS WFlITTiN NOTICE TO "HE CERTIFICATE HOI.DUI NAMED TD THE 1E1'7,
PO BOX 5222 BUT F.&llUll! TO MAll SUCH NOTICE SHALL I\llPOSE NO OBUGATlDfj OR UABIl.I'I'Y
IMMOKALEE, FL 34143 Of MY IINO VfON ni. COlIlPANY. ITS "'GI'l'fTS OR III!PIlI:8EmATIIIES.
ilJ"": ~.,
',:::"."
AlJTHOllllltI _ESB\lTATMl /
.~ :r~jf.i,,'l;.~;~;.t:';i~~:~?'::'V:~'f'~',~.~i~j;P:'~~i~Atf';';ff;,~!;,~;t~f.4~?~<}ifi~~~;,:r~K!~~~~~r~~~j.:
Oct. eo os 11.5e.
n(I-~..~~.d j.~~W'.
81 ~3G7125S6
Agenda Item Np. 16A5
Marcf1"28, 2006
Page 16 of 18
BIG HEARTID JEMY'I
8'11 HONIiVWILL RD
G"'ONTON,'L..~U4
PH(813)2t1-3430 '0('13)171-2_
CONTRACT AND AGREEMENT
WlTNI!'-TH: THIS CONTUCT I!NTI!MD INTO 1'HII tt}: DAY OF 4IL2OU1V .
...NO U'rWIIEN IIH.1I"OWI PARTY OP THE FIRST !tART ANO .
PAJIlTla. 0' THE.COHO PART.
WHeRUS. THe PARTY OF THE PlAIT PART AGMlI TO FURNISH AND PRU!NT AN
AalUSIM!NT eO"~ANY COMMOM,.Y KNOWN AI lHJ'IIHi{JU~ THI rh
OF 'D~i.1 FOR _ _ f DAVI.COMMINClNCI _J ,
2QLlI. I AND p(. _ 2096 . THllNTSRt NT TO
CONIISTS OF FIRST RlOD AND ATT'fItAC'l'lOH.
CONOITIONS TO II!. AS POU.OM; PM1Y Ojr THE ....T PART TO PAY ftAtt.:r( OF THe
aiCON!) PART TWt! 8tJM OF ~ 'i4o OF iIMJ'S GAOSS opr RlDe8. ...~~ fII01lt .
l!ACH 1'000 OONC%n&ON, AFlr:iUA4 Q FOR EACH GAAlI ClONCDSION. SAID
FlRIT PARTY TO HOLD EXCLUSIV! Of\! ALL ()II AIIDV! INCL.UDlNCI
POPeOFtN, CAAMa CORN, COTTON CANOV, SNOW CONlS, CANDY APPL!8, CARM!L
(. \ APPL!S,'JllUNN!l CAKes. L.!MONADI! AND aPl!ClA&. TV FOOD ITEMS IXClPT LOCALLY
\ ~ OWNED AND OPeRATED NON PROFIT ORGANIZATIONS.
~ ~~If:r- ~~jt~~~";1rt1 ~T&,.~~/~.9~~G. (6R"rH~k64K~e.
tJ;1V 8AtO IE(:ONO PARTY TO F\JfQMH A.MPUi POUCI! PROTI!CTION: TO HANG ~
CllTAlBUTl ALLAOVeRTl$lNG FURNlafED. TO 'UANIIH ALL STATE. COUNTY
UCENlEI. PORT A JOHNS, DUMPSTEQ, P~NQ PACE p~ TRUCKt, 11W..ERS, ETC.
AND &HOW LOTS, WATER '.ND ZOO AMP' I1.IcmlC FOFt House TfWl..!RI.
IN CAle OF UNIEOftIEEN OOCUMINCI: IUCH AI JIlRl, ,FLOOC, aTRIKU, WReCK',
TOftNAOOI, OR !f1fDeMIC 0II!JIt WHICH THI ,.ARTY OF THI F1R8T "ART HAl NO
CONTROL. OVER. llfiN TH!Y ARE NOT TO BE HELD POR DAMAGI!S IY ,A\ltTY Of TK!
seCOND PART. "ARTY OF -.e FIRIT PART TO HAVE OPTtON OF RENEWlNO THIS
CONTRACT F:no ACDlTIONAl lEANS. THIS CONTRACT AND AGAee.MI!NT
SIGHS AND A TO TH!~r DAV OF JD.
--, ~~ -~~
wrrNeI . 8lGNeD~
PARTY OF 114!8!eoNO. ftART
CONTACT AOtlRI!st
.-,
Agenda Item No. 1 A5
March 28, 2 06
Page 17 0 18
Permit No.
PERMIT FOR
CARNIVAL EXHffiffiON
STATE OF FLORIDA:
COUNTY OF COLLIER:
WHEREAS, Duane Wheeler, Carnival Co-Chairman, Rotary Club of Immokalee, has
made application to the Board of County Commissioners of Collier County, Florida, for a permit
to conduct a carnival; and
WHEREAS, Mr. Wheeler has presented the Board sufficient evidence that all criteria for
the issuance of a permit to conduct a carnival, as set forth in Chapter 10, Article n, CARNIVALS,
of the Collier County Code of Laws and Ordinances, have been satisfied and that this carnival will
be conducted according to lawful requirements and conditions; and
WHEREAS, Mr. Wheeler has requested a waiver of the Surety Bond.
NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Duane Wheeler,
Carnival Co-Chairman, Rotary Club of Immokalee, to conduct a carnival from April 3rd to April
6, 2006, in accordance with the terms and conditions set forth in the petitioner's application and all
related documents, attached hereto and incorporated herein for the carnival, more particularly
described in attached Exhibit A.
The request for waiver of Surety Bond is hereby approved.
WITNESS my hand as Chairman of said Board and Seal of said County, attested by the
Clerk of Courts in and for said County this
day of
,2006.
A TIEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA:
By:
By:
, Deputy Clerk
Frank Halas, Chairman
Approved as to form and
legal sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
~....... ,<e_..",
rJ.... ',,,
I"
F
:~: ,..,.-..
r
,
Agenda Item No. 16A5
. March 28, 2006
PROJDCT NO.. Page 18 of 18
PARCEL NO_
fOLIO NO...
LEGAL, DESCRIPTION (NOT A SURVEY)
~ '
"
I ·
.
COMMBNCl'NO AT11IB NOllnlWEST COltNIll 0' SBCT10N 2. TOWNSHIP 41 SOUrH, RANGI 2' BAST.
COWBJL COUNTY, FLORIDA, mlNCB soum I DBCJRBB 30 MINLn'SS,i4 SeCONDS WBST, A DISTANCB
, 'OF 2610.U FBET; mBNCB NORTH 17 DBOItEB$ 42 M1'N1JTBS 3' SBCONDs WIST ALOHa niB NOll11i
RIGHT Of WAY UNB OF 0lUNT'Y ROAD 84f. It. .DISTANCB 0'..2580.11 PJmTi 11IBNCB NORm 81
osaaBSS 43 MlNUTBS 00 SBQ)NDS WEST."'J\~ISTANCI OF 3P7.0 FBBT; 11mNCB LI!4 vtHO SAID
NORnt RIOHT Of WAY UNB NORnlae DBGltlBS 15 MINUTBS 15 SBCONDS BAST, A DlSTANCS OF
669.6S FBBT; TRENCH Noam I DEGIIlB 25 M1'N1JTBS 4,$!SBCONDS EAST, It. DlSTANCB 0' 1108;.24 FBBT:
mSNCB NOllnJ 21 DEGREES 20 MIN11J'BS OS SSOON1$WBST, A DlSTANCB OF ,(5.29 PBBTTO.mn
POINT OiBl.qlNNING; 11fENCB coN'ttN1JlNa NORm M.ONO SAlD UNB. A DISTANce OP 213.26
F'6BT; nmNCB N01l11l2. DBOlUiBS 3. MINUTIS 25 SJKX)NI)S WEST, A DlSTANCB OF 156.3' FBBT;
nmNCB NOaTH 18 DEQRBBS 23 MlNUTBS 08 SECONDS BAST ALONG niB BAST RIGHT OP WI. V LINn
OF nm SBABOARD COA.STLTNB RAIUlOAJ>, A DlsTANCB 0' 20L02 PEST; '!HENCH NORm 18
DIiOnEES 46 MtNUTBS 49 SBCONDS lAST, A. DISTAHcB 0' 2nl.OO PB8T, 11IENCB LEA V'ma SAID BAST
IUGHT or: VIA Y LINE NORm ... DUOJUlBS 30 MINt1I1iS 00 SECONDS EAST,'A DISTANce 0' 140.00
FEET: lHENCE SOtmi 1 CHORBa 30 MINUTES LO SECONDS WBST. A DISTAl-ICE OF :'25C.OO FB3&':
llCliNCS NORTH II C'E03tSB~:!~ MmuTSS 5.0 S&cOl'-"P& WEST, A DtST~c;B 0' "'G.OO PEST; 11iEN~
suum 1 DEOR.EE 30 MINUTES 10 SECONDS WEST. A DISTANCB OP 360.00 'BET, nUD-ICB SOUTH 81
DBGlUiFS :10 MINtJ1'ES SO SECONDS BAST, A QlSTANCB 0' ~50.00 FEET; THENeS sOuttll DEGREE 30
M1N1IT1iS 10 SECONDS WEST. At. DlSTANCS OP 100.00.fii'l': 1HENCG soum ~s DEOREBS 00 MINtJTES
00 SECONDS EAST, A DISTANCE OP 150.00 f:EBT~ THBNCB sourn 45 DEQREES 00 MINUl'SS 00
SECONDS wasT. A DISTANCU OP ISO.OO FBBT. TRENCH sOum 43'DBOIlEBS 30 MINtTl'BS 06 SBCONDS
WEST. A. DISTANCE OF 1613.95 FRaT; THBNCB NOR.11I1 DRaus 25 MINUTES 45 SECONDS BAST, A
DISTANCB OF '4ao.00 FBET; THIiNCB soumaa DUOR.BES 34 MlNU1'ES IS SBCONDS BAST, A DISTANCB
OF 670.00 FE'&Ti THENCS NORm 1 DEOIlBB 25 MINUTES 45 SECONDS BAST, A DISTANCB OP 370.00
FEEn~ TlIENCtl NORll 1 II OtiORnn.c:; 34 MINlrm.C; u sr\C"ONOS WIt-err, A IllSTANCfi 01' 837.51 FBETTO
111 S POINT or. nuaINN1NO; SAID nn.QC1UBUP 1ltAcr CONT ^1N1NO '37 .OB4 ACRBS (S.07I,401) SQUAIUI
fEli'O. MOllE OR tESS. ' .
lAl'Sll!A
,
,
Exhibit IIA"
\
I. .
Agenda Item No. 16A6
March 28, 2006
Page 1 of 33
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution opposing enactment into law proposed Florida
House Bill 1199 relating to Cable Television and video programming services, removing all
local cable television franchise authority and provisions to grant or renew any cable
television franchise certificates.
OBJECTIVE: That the Board of County Commissioners (BCC) adopt a Resolution opposing
enactment into law proposed House Bill 1199 relating to cable television and video
programming services, removing all local cable television franchise authority and provisions to
grant or renew any cable television franchise certificates.
CONSIDERATIONS: Collier County Ordinance No. 88-90, as amended, provides for the
issuing of cable television franchises as a prerequisite to installation, construction or operation of
a cable television systems that use public right-of-way in the unincorporated areas of Collier
County. Collier County has granted four (4) cable television franchises, all of which are active
and mutually binding on the respective contracting parties.
,-
Current Florida law requires cable television operators to acquire a local cable franchise
agreement from a local government before providing cable service within the respective local
government's jurisdictional area if the service provider requires any use of the local
government's jurisdictional public right-of way. The current existing obligation to apply for and
acquire a local cable franchise to provide video services stems both from inherit local
government authority over the use of its jurisdictional public rights-of-way and from a Federal
Statute entitled the 1992 Cable Act, Title VI.
Collier County, through its Cable Television Franchise Ordinance, has negotiated and obtained
benefits that satisfY the cable television related needs of our community, including broadcast of
County Commission public meetings, services to public schools and other governmental
facilities, and other services that support important educational and public interests. Proposed
House Bill 1199 authorizes cable franchisees to unilaterally terminate existing cable franchises.
The requirement to acquire a cable TV local franchise is not a burden to entities that propose to
provide cable television services, as evidenced by Collier County's currently existing four (4)
cable franchises. Pursuant to proposed Florida House Bill 1199, future cable franchising would
be accomplished only by the State of Florida thereby eliminating potential obligations to
consider the needs of the respective local governments, including only cursory, limited review of
any application or eligibility requirements.
It is in the best interests of customers of cable service providers in Collier County, and
throughout Florida, that local governments retain all of their currently existing authority to
require, enforce and grant term extensions to, local cable television franchise agreements.
..-'
FISCAL IMPACT: Cable franchise revenues, through the Communication Service Tax,
attribute to more than $3 million annually to Collier County. It is unknown at this time what
effect the proposed legislation will have on Collier County's ability to continue to receive such
funds.
Agenda Item No. 16A6
March 28, 2006
Page 2 of 33
Additionally this proposed legislation will eliminate the County's ability to receive future in-kind
contributions, which have been traditionally used for the County's television production and
institutional network needs.
GROWTH MANAGEMENT IMP ACT: There are no growth management impacts.
RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution to
express opposition to enactment of this proposed legislation into Florida's General Law and
direct the County Manager to deliver a copy of this Resolution to each member of Collier
County's Local Legislative Delegation, Governor Jeb Bush, the Florida Association of Counties
and the Florida League of Cities.
PREPARED BY: James C. French, Regulation and Operations Manager, CDES
-,
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16A6
March 28, 2006
Page 3 of 33
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A6
Recommendation 10 adopt a Resolution opposmg enactment into law proposed Flonda
House Bill 1199 relating to Cable Television and video programming services, removIng all
local cable televIsion franchise authority and provisions to grant or renew any cable television
franchise certificates
3/26/2006 9:00 :00 AM
Operations Supervisor
Date
Prepared By
James French
Community Development &
Environmental Servicet>
COES Operations
3121/200612:20:22 PM
Date
Approved By
Thomas Palmer
County Attorney
Assistant County Attorney
County Attorney Office
3/21(200612:25 PM
Dllte
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
3/21120064:38 PM
Date
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Offic~ ot Management & Budget
3121120064:54 PM
Date
Approved By
Denton Baker
Community Development &
Environmental Services
Financial Admin & Housing Director
Financial Admin. & Housing
3/21/20065:13 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners.
County Manager
County Manager's Office
3/21/20068:23 PM
,"-
Agenda Item No. 16A6
MaTch 28, 2006
Page 4 of 33
RESOLUTION NO. 2006 -_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLUER
COUNTY, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE AND
FLORIDA'S GOVERNOR TO OPPOSE AND DEFEAT PROPOSED FLORIDA HOUSE
BILL 1199 (RELATED TO CABLE TELEVISION AND VIDEO PROGRAMMING
SERVICES) AND ANY SIMILAR PROPOSED FLORIDA BILL; AND DIRECTING
THAT THIS RESOLUTION BE FORWARDED TO COLLIER COUNTY'S LOCAL
LEGISLATURE DELEGATION, TO FLORIDA'S GOVERNOR, AND TO THE FLORIDA
ASSOCIATION OF COUNTIES AND THE FLORIDA LEAGUE OF CmES
WHEREAS, proposed Florida House Bill 1199, inappropriately entitled the
.Consumer Choice Act of 2006" (which Bill neither protects nor facilitates any choices of
consumers of cable television services), among other things, provides that no
municipality or county shall not grant any new franchise for provision of cable service
within its jurisdiction and shall not renew any such existing local franchise; provides that
no franchising authority, state agency or political subdivision may impose any buildout
requirements on any holder of a Florida issued certificate; removes all authority of local
franchising authorities, including Collier County, to require that any such certificate
holders respond to any customer's service complaints, but instead requires that all
customer service quality complaints be "received by" the Rorida Department of
Agriculture and Consumer Services but specifies no such customer service quality
standards or applicable penalties to be enforced by that Department; provides that only
the so-called "incumbent cable service provider" (if one exists in the respective county
or municipality) shall comply with customer service requirements reasonably
comparable to referred to standards in Chapter 47, Code of Federal Regulations, until
there are two or more providers offering service, excluding direct-to-home satellite
service, in the respective service area; grants all service providers absolute immunity
from legal liability regarding public, educational and govemmental (.PEG") access
channels and transfers that liability to the county or municipality receiving benefit of the
respective channel; prohibits all counties and municipalities from requiring that the
holder of a state certificate must have a business office in the county or municipality;
prohibits counties and municipalities from imposing many other currently, by law,
authorized requirements upon holders of state certificates; and
WHEREAS, proposed House Bill 1199 authorizes cable franchisees to
unilaterally terminate existing cable franchises, which appears to be legislation that
impairs the obligation of contracts in violation of Florida's Constitution and of the
Constitution of the United States; and
WHEREAS, there are many problematic ambiguities and omissions in proposed
House Bill 1199; which could result in readily avoidable disputes and potential litigation;
and
WHEREAS, Collier County, Florida, enacted Collier County Ordinance No. 88-
90, as amended, providing for issuing of cable television franchises prerequisite to
installation, construction and operation of cable television systems in unincorporated
Collier County (that use public right-of-way); and
WHEREAS, pursuant to Ordinance No. 88-90, as amended, Collier County has
granted four (4) cable television franchises, all of which are active and mutually binding
on the respective contracting parties; and
WHEREAS, current Florida law requires cable television operators to acquire
local cable franchise agreements from local governments before providing cable service
within the respective local government's jurisdictional area if the service provider
requires any use of the local government's jurisdictional public right-of way; and
WHEREAS, the currently existing obligation to apply for and acquire a local cable
franchise to provide video services stems both from inherit local govemment authority
over the use of its jurisdictional public rights-of-way and from a Federal Statute entitled
the 1992 Cable Act, Title VI; and
Page 1013
Agenda Item No. 16A6
March 28, 2006
Page 5 of 33
WHEREAS, Collier County, through its cable TV franchising Ordinance, has
negotiated and obtained benefits that satisfy the cable television related needs of our
community, including broadcast of County Commission public meetings, services to
public schools and other governmental facilities, and other services that support
important educational and public interests; and
WHEREAS, it is in the best interests of customers of cable service providers in
Collier County, and throughout Florida, that local governments retain all of their
currently existing authority to require, enforce and grant term extensions to, local cable
television franchise agreements; and
WHEREAS, the requirement to acquire a cable TV local franchise is not a burden
to entities that propose to provide cable television services, as evidenced by Collier
County's currently existing four (4) cable franchises; and
WHEREAS, pursuant to proposed Florida House Bill 1199, future cable
franchising would be accomplished only by the State of Florida thereby eliminating
potential obligations to consider the needs of the respective local governments,
including only cursory, limited review of any application or eligibility requirements; and
WHEREAS, Florida House Bill 1199 promotes and facilitates "cherry-picking" as
neighborhoods can readily be bypassed at the whims of cable service providers; and
WHEREAS, all statewide cable franchises are to be fully transferable to any
successor in interest without analysis of the assignee's ability to properly operate a
cable system; and
WHEREAS, the proposed statewide franchise does not obligate provision of
cable service for any duration of time, nor require compliance with customer service
standards if the service area is serviced by at two (2) service providers; and
WHEREAS, for each of the above reasons, the Board of County Commissioners
of Collier County, Florida, expresses its opposition to proposed Florida House Bill 1199,
which creates a statewide video franchise process and eliminates all future local cable
franchises as well as extensions of existing cable franchises; and
WHEREAS, Collier County's Board of County Commissioners urges members of
the Florida legislature and Florida's Governor to oppose and defeat proposed Florida
House Bill 1199; and
WHEREAS, the Board finds that is in the public interest, and in the interests of
Florida consumers of cable services, to forward this Resolution to all members of Collier
County's local Legislative Delegation, to Florida's Governor, to the Florida Association
of Counties and to the Florida League of Cities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLUER COUNTYL FLORIDA, that:
1. The foregoing 'WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby incorporated herein as an integral part of this
Resolution.
2. The Board opposes proposed Florida House Bill 1199, and any other
substantially similar Florida Legislation, and urges all members of the Rorida legislature
and Florida Governor, Jeb Bush, to oppose and defeat any similar Florida legislation.
3. County Manager, Jim Mudd, is hereby directed to immediately distribute a
copy of this Resolution to all members of Collier County's local Legislative Delegation),
to Governor Jab Bush, to the Florida Association of Counties and to the Florida League
of Cities.
4. This Resolution shall be effective upon is adoption.
Page 2 of3
Agenda Item No. 16A6
March 28, 2006
Page 6 of 33
ADOPTED by the Board of County Commissioners of Collier County, Florida, this
_ day of April, 2006.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRANK HALAS, Chairman
Approved as to fonn and legal sufficiency:
By: \6 'M r o.;~
Thomas C. Palmer,
Assistant County Attorney
Page 3 of 3
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A bill to be entitled
An act relating to statewide cable television franchises;
providing a short title; amending s. 202.24, F.S.;
prohibiting counties and municipalities from negotiating
terms and conditions relating to cable services; deleting
authorization to negotiate; revising application to
existing ordinances or franchise agreements; amending s.
337.401, F.S.; deleting authorization for counties and
municipalities to award cable service franchises and a
restriction that cable service companies not operate
without such a franchise; amending s. 337.4061, F.S.;
revising definitions; creating ss. 610.102, 610.103,
610.104, 610.105, 610.106, 610.107, 610.108, 610.109,
610.110, 610.112, 610.113, 610.114, 610.115, and 610.116,
F.S.; designating the Department of State as the
authorizing authority; providing definitions; requiring
state authorization to provide cable services; providing
duties and responsibilities of the Department of State;
providing application procedures and requirements;
providing for issuing certificates of franchise authority;
providing eligibility requirements and criteria for a
certificate; prohibiting the department from imposing
taxes, fees, or charges on a cable service provider to
issue a certificate; prohibiting imposing buildout
requirements on a certificateholder; imposing certain
customer service requirements on cable service providers;
requiring the Department of Agriculture and Consumer
Services to receive customer service complaints; requiring
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Agenda Item No. 16A6
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HB 1199 2006
29 provision of public, educational, and governmental access
30 channels or capacity equivalent; providing criteria,
31 requirements, and procedures; providing exceptions;
32 providing responsibilities of municipalities and counties
33 relating to such channels; providing for enforcement;
34 providing requirements for and limitations on counties and
35 municipalities relating to access to public right-of-way;
36 prohibiting counties and municipalities from imposing
37 additional requirements on certificateholders; authorizing
38 counties and municipalities to require permits of
39 certificateholders relating to public right-of-way;
40 providing permit criteria and requirements; prohibiting
41 discrimination between cable service subscribers;
42 providing for enforcement; providing for determinations of
43 violations; providing for enforcement of compliance by
44 certificateholders; providing for applicability of other
45 laws; providing severability; repealing s. 166.046, F.S.,
46 relating to definitions and minimum standards for cable
47 television franchises imposed upon counties and
48
49
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municipalities; amending ss. 350.81 and 364.0361, F.S.;
removing cross-references to conform; providing an
effective date.
52 Be It Enacted by the Legislature of the State of Florida:
53
54
Section 1. This act may be cited as the "Consumer Choice
55 Act of 2006."
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56
Section 2. Paragraphs (a) and (c) of subsection (2) of
57 section 202.24, Florida Statutes, are amended to read:
58
202.24 Limitations on local taxes and fees imposed on
59 dealers of communications services.--
60
(2) (a)
Except as provided in paragraph (c), each public
61 body is prohibited from:
62
1. Levying on or collecting from dealers or purchasers of
63 communications services any tax, charge, fee, or other
64 imposition on or with respect to the provision or purchase of
65 communications services.
66
2. Requiring any dealer of communications services to
67 enter into or extend the term of a franchise or other agreement
68 that requires the payment of a tax, charge, fee, or other
69 imposition.
70
3. Adopting or enforcing any provision of any ordinance or
71 agreement to the extent that such provision obligates a dealer
72 of communications services to charge, collect, or pay to the
73 public body a tax, charge, fee, or other imposition.
74
75 Municipalities and counties may not negotiate E.:1ch municip.:11ity
76 .:1nd county ret.:1ino .:1uthority to negoti.:1te .:111 termo .:1nd
77 oonditione of .:1 c.:1ble eervice fr.:1nchiee :lllm:ed by feder:ll .:1nd
78 ot.:1te 1.:11,: eJCcept thooe terms and conditions related to franchise
79 fees or aaa the definition of gross revenues or other
80 definitions or methodologies related to the payment or
81 assessment of franchise fees on providers of cable services.
82
(c) This subsection does not apply to:
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1. Local communications services taxes levied under this
84 chapter.
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2. Ad valorem taxes levied pursuant to chapter 200.
3. Occupational license taxes levied under chapter 205.
4. "911" service charges levied under chapter 365.
5. Amounts charged for the rental or other use of property
89 owned by a public body which is not in the public rights-of-way
90 to a dealer of communications services for any purpose,
91 including, but not limited to, the placement or attachment of
92 equipment used in the provision of communications services.
93
6.
Permit fees of general applicability which are not
94 related to placing or maintaining facilities in or on public
95 roads or rights-of-way.
96
7.
Permit fees related to placing or maintaining
97 facilities in or on public roads or rights-of-way pursuant to s.
98 337.401.
99
8. Any in-kind requirements, institutional networks, or
100 contributions for, or in support of, the use or construction of
101 public, educational, or governmental access facilities allowed
102 under federal law and imposed on providers of cable service
103 pursuant to any existing ordinance or an existing franchise
104 agreement granted by each municipality or county, under which
105 ordinance or franchise agreement service is provided prior to
106 July 1, 2006. Nothing in this subparagraph shall prohibit the
107 ability of providers of cable service to recover such expenses
108 as allowed under federal law.
109
9.
Special assessments and impact fees.
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10. Pole attachment fees that are charged by a local
government for attachments to utility poles owned by the local
government.
11. Utility service fees or other similar user fees for
utility services.
12. Any other generally applicable tax, fee, charge, or
imposition authorized by general law on July 1, 2000, which is
not specifically prohibited by this subsection or included as a
replaced revenue source in s. 202.20.
Section 3. Paragraphs (a), (e), and (f) of subsection (3)
of section 337.401, Florida Statutes, are amended to read:
337.401 Use of right-of-way for utilities subject to
regulation; permit; fees.--
(3) (a)h Because of the unique circumstances applicable to
providers of communications services, including, but not limited
to, the circumstances described in paragraph (e) and the fact
that federal and state law require the nondiscriminatory
treatment of providers of telecommunications services, and
because of the desire to promote competition among providers of
communications services, it is the intent of the Legislature
that municipalities and counties treat providers of
communications services in a nondiscriminatory and competitively
neutral manner when imposing rules or regulations governing the
placement or maintenance of communications facilities in the
public roads or rights-of-way. Rules or regulations imposed by a
municipality or county relating to providers of communications
services placing or maintaining communications facilities in its
roads or rights-of-way must be generally applicable to all
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138 providers of communications services and, notwithstanding any
139 other law, may not require a provider of communications
140 services, eJ(eept 0.0 other.lioe provided in oubpo.ro.gr:tph 2., to
141 apply for or enter into an individual license, franchise, or
142 other agreement with the municipality or county as a condition
143 of placing or maintaining communications facilities in its roads
144 or rights-of-way. In addition to other reasonable rules or
145 regulations that a municipality or county may adopt relating to
146 the placement or maintenance of communications facilities in its
147 roads or rights-of-way under this subsection, a municipality or
148 county may require a provider of communications services that
149 places or seeks to place facilities in its roads or rights-of-
150 way to register with the municipality or county and to provide
151 the name of the registrant; the name, address, and telephone
152 number of a contact person for the registrant; the number of the
153 registrant's current certificate of authorization issued by the
154 Florida Public Service Commission, er the Federal Communications
155 Commission, or the Florida Department of State; and proof of
156 insurance or self-insuring status adequate to defend and cover
157 claims.
158
2. Not.Jl thot:tnding the pro...io iono of oubp:tro.gr:tph 1., 0.
159 municip:tlity or county mo.y, :to pro7ided by 17 U.8.C. o. 511,
160 o.'.:o.rd one or more fro.nchioeo .:ithin ito juriodiction for the
161 provioion of co.ble oer7ice, o.nd :t provider of co.ble oervice
162 oh:tll not pro...ide co.ble oeg'ice .:i thout ouch fro.nchioe. E:tch
163 municipo.lity o.nd county reto.ino o.uthority to negoti:tte :tll termo
164 o.nd conditiono of :t co.ble oervice fr:tnchioe o.llo~ed by feder:tl
165 10.'.: o.nd o. 166.016, eJwept thoDe termo o.nd conditiono relo.ted to
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166 fr~nchiDe feeD ~nd the definition of groDo reyenueo or other
167 definitiono or R'lethodologieD rel~ted to the p~ym.ent or
168 ~DDeDoment of fr~nehiDe feeD ~nd permit feeD ~o provided in
169 p~r~gr~ph (0) on providero of c~ble oen'iceo. }'. R'lunicip~lity or
170 oounty m~y exerciDe ito right to require from. prmridero of c~ble
171 Dery-ice in kind requirementD, including, but not lim.ited to,
172 inotitution~l net~o~CD, ~nd contributiono for, or in oupport of,
173 the UDe or conotruction of public, educ~tion~l, or government~l
174 ~cceoo f~cilitieo to the eJctent permitted by feder~l 1~T,:. }....
175 provider of c~ble Der;ice m;:1Y eJcercioe ito right to recov.er ~ny
176 ouch eJcpenoeo ~Dooci~ted ..Ji th ouoh in kind requiremento, to the
177 eJctent permitted by feder~l l~.y:.
178
(e)
The authority of municipalities and counties to
179 require franchise fees from providers of communications
180 services, with respect to the provision of communications
181 services, is specifically preempted by the state, except ~o
182 other~ioe provided in oubp~r~gr~ph (~)2., because of unique
183 circumstances applicable to providers of communications services
184 when compared to other utilities occupying municipal or county
185 roads or rights-of-way. Providers of communications services may
186 provide similar services in a manner that requires the placement
187 of facilities in municipal or county roads or rights-of-way or
188 in a manner that does not require the placement of facilities in
189 such roads or rights-of-way. Although similar communications
190 services may be provided by different means, the state desires
191 to treat providers of communications services in a
192 nondiscriminatory manner and to have the taxes, franchise fees,
193 and other fees paid by providers of communications services be
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194 competitively neutral. Municipalities and counties retain all
195 existing authority, if any, to collect franchise fees from users
196 or occupants of municipal or county roads or rights-of-way other
197 than providers of communications services, and the provisions of
198 this subsection shall have no effect upon this authority. The
199 provisions of this subsection do not restrict the authority, if
200 any, of municipalities or counties or other governmental
201 entities to receive reasonable rental fees based on fair market
202 value for the use of public lands and buildings on property
203 outside the public roads or rights-of-way for the placement of
204 communications antennas and towers.
205
(f) Except as expressly allowed or authorized by general
206 law and except for the rights-of-way permit fees subject to
207 paragraph (c), a municipality or county may not levy on a
208 provider of communications services a tax, fee, or other charge
209 or imposition for operating as a provider of communications
210 services within the jurisdiction of the municipality or county
211 which is in any way related to using its roads or rights-of-way.
212 A municipality or county may not require or solicit in-kind
213 compensation, except as otherwise provided in s. 202.24(2) (c)8.
214 or s. 610.109 oubp~r~gr~ph (~)2. Nothing in this paragraph shall
215 impair any ordinance or agreement in effect on May 22, 1998, or
216 any voluntary agreement entered into subsequent to that date,
217 which provides for or allows in-kind compensation by a
218 telecommunications company.
219
Section 4.
Section 337.4061, Florida Statutes, is amended
220 to read:
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221
337.4061 Definitions; unlawful use of state-maintained
222 road right-of-way by nonfranchised cable tclcvioion services.--
223
224
225
(1) As used in this section, the term:
(a) "Cable service" means:
1. The one-way transmission to subscribers of video
226 programming or any other programming service; and
227
2. Subscriber interaction, if any, which is required for
228 the selection of such video programming or other programming
229 service.
230
(b)
"Cable system" means a facility, consisting of a set
231 of closed transmission paths and associated signal generation,
232 reception, and control equipment that is designed to provide
233 cable service which includes video programming and which is
234 provided to multiple subscribers within a community, but such
235 term does not include:
236
1. A facility that serves only to retransmit the
237 television signals of one or more television broadcast stations;
238
2. A facility that serves only subscribers in one or more
239 multiple-unit dwellings under common ownership, control, or
240 management, unless such facility or facilities use any public
241 right-of-way;
242
3. A facility that serves subscribers without using any
243 public right-of-way;
244
4.~ A facility of a common carrier that is subject, in
245 whole or in part, to the provisions of 47 D.S.C. s. 201 et seq.,
246 except the specific bandwidths or wavelengths used by ~ such
247 facility shall be considered a cable system only to the extent
248 such bandwidths or wavelengths are f~cility io used in the
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249 transmission of video programming directly to subscribers~
250 unless the extent of such use is solely to provide interactive
251 on-demand services, in which case the use of such bandwidths or
252 wavelengths is not a cable system; or
253
5.~ Any facilities of any electric utility used solely
254 for operating its electric utility systems.
255
(c)
"Franchise" means an initial authorization or renewal
256 thereof issued by a franchising authority, whether such
257 authorization is designated as a franchise, permit, license,
258 resolution, contract, certificate, agreement, or otherwise,
259 which authorizes the construction or operation of a cable
260 system.
261
(d)
"Franchising authority" means any governmental entity
262 empowered by federal, state, or local law to grant a franchise.
263
(e)
"Person" means an individual, partnership,
264 association, joint stock company, trust, corporation, or
265 governmental entity.
266
(f)
"Video programming" means programming provided by or
267 generally considered comparable to programming provided by a
268 television broadcast station or cable system.
269
(2)
It is unlawful to use the right-of-way of any state-
270 maintained road, including appendages thereto, and also
271 including, but not limited to, rest areas, wayside parks, boat-
272 launching ramps, weigh stations, and scenic easements, to
273 provide for cable service over a cable system purpooco within a
274 geographic area subject to a valid existing franchise for cable
275 service, unless the cable system using such right-of-way holds a
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franchise from a franchise authority the ffiunicip~lity or county
for the area in which the right-of-way is located.
(3) A violation of this section shall be deemed a
violation of s. 337.406.
Section 5. Sections 610.102, 610.103, 610.104, 610.105,
610.106, 610.107, 610.108, 610.109, 610.110, 610.112, 610.113,
610.114, 610.115, and 610.116, Florida Statutes, are created to
read:
610.102 Department of State authority to issue statewide
cable franchise.--The department shall be designated as the
franchising authority, pursuant to 47 D.S.C. s. 522(10), for a
state-issued franchise for the provision of cable service. A
municipality or county may not grant a new franchise for the
provision of cable service within its jurisdiction.
610.103 Definitions.--As used in ss. 610.102-610.1l5:
(1) "Cable service" means:
(a) The one-way transmission to subscribers of video
programming or any other programming service.
(b) Subscriber interaction, if any, that is required for
the selection of such video programming or other programming
service.
(2) "Cable system" means a facility consisting of a set of
closed transmission paths and associated signal generation,
reception, and control equipment that is designed to provide
cable service that includes video programming and that is
provided to multiple subscribers within a community, but such
term does not include:
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303
(a) A facility that serves only to retransmit the
304 television signals of one or more television broadcast stations;,
305
(b) A facility that serves only subscribers in one or more
306 multiple-unit dwellings under common ownership, control, or
307 management, unless such facility or facilities use any public
308 right-of-way;
309
(c) A facility that serves subscribers without using any
310 public right-of-way;
311
(d) A facility of a common carrier that is subject, in
312 whole or in part, to the provisions of 47 D.S.C. s. 201 et seq.,
313 except the specific bandwidths or wavelengths over such facility
314 shall be considered a cable system only to the extent such
315 bandwidths or wavelengths are used in the transmission of video
316 programming directly to subscribers, unless the extent of such
317 use is solely to provide interactive on-demand services, in
318 which case it is not a cable system; or
319
(e) Any facilities of any electric utility used solely for
320 operating its electric utility systems.
(3 )
"Cable service provider" means a person that provides
321
322 cable service over a cable system.
323,
(4)
"Certificateholder" means a cable service provider
324 that has been issued and holds a certificate of franchise
325 authority from the department.
326
327
(5 )
(6 )
"Department" means the Department of State.
"Franchise" means an initial authorization or renewal
328 of an authorization, regardless of whether the authorization is
329 designated as a franchise, permit, license, resolution,
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330 contract, certificate, agreement, or otherwise, to construct and
331 operate a cable system in the public right-of-way.
332
(7 )
"Franchise authority" means any governmental entity
333 empowered by federal, state, or local law to grant a franchise.
334
(8 )
"Incumbent cable service provider" means the cable
335 service provider serving the largest number of cable subscribers
336 in a particular municipal or county franchise area on July 1,
337 2006.
338
(9 )
"Public right-of-way" means the area on, below, or
339 above a public roadway, highway, street, sidewalk, alley, or
340 waterway, including, without limitation, a municipal, county,
341 state, district, or other public roadway, highway, street,
342 sidewalk, alley, or waterway.
343
(10)
"video programming" means programming provided by, or
344 generally considered comparable to programming provided by, a
345 television broadcast station as set forth in 47 U.S.C. s.
346 522 (20) .
347
348
610.104 State authorization to provide cable service.--
(1) An entity or person seeking to provide cable service
349 over a cable system in this state after July 1, 2006, shall file
350 an application for a state-issued certificate of franchise
351 authority with the department as required by this section. An
352 entity providing cable service under an unexpired franchise
353 agreement with a municipality or county as of July 1, 2006, is
354 not subject to this subsection with respect to such municipality
355 or county until the franchise agreement expires, except as
356 provided by subsection (2) and s. 610.105(4). An entity
357 providing cable service may seek authorization from the
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358 department to provide service in areas where the entity
359 currently does not have an existing franchise agreement as of
360 July 1, 2006.
361 (2) Beginning 90 days after July 1, 2006, a cable service
362 provider that is not an incumbent cable service provider and
363 provides cable service to less than 40 percent of the total
364 cable service subscribers in a particular franchise area may
365 elect to terminate an existing municipal or county franchise and
366 seek a state-issued certificate of franchise authority by
367 providing written notice to the Secretary of State and the
368 affected municipality or county not later than 180 days after
369 July 1, 2006. The municipal or county franchise is terminated on
370 the date the department issues the state-issued certificate of
371 franchise authority.
372 (3) Before the 10th business day after an applicant
373 submits the affidavit, the department shall notify the applicant
374 for a state-issued certificate of franchise authority whether
375 the applicant's affidavit described by subsection (4) is
376 complete. If the department denies the application, the
377 department must specify with particularity the reasons for the
378 denial and permit the applicant to amend the application to cure
379 any deficiency. The department shall act upon such amended
380 application within 5 business days.
381 (4) The department shall issue a certificate of franchise
382 authority to offer cable service before the 15th business day
383 after receipt of a completed affidavit submitted by an applicant
384 and signed by an officer or general partner of the applicant
385 affirming:
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386 (a) That the applicant has filed or will timely file with
387 the Federal Communications Commission all forms required by that
388 agency in advance of offering cable service in this state.
389 (b) That the applicant agrees to comply with all
390 applicable federal and state laws and regulations, to the extent
391 that such state laws and rules are not in conflict with or
392 superseded by the provisions of this chapter or other applicable
393 state law.
394 (c) That the applicant agrees to comply with all lawful
395 state laws and rules and municipal and county ordinances and
396 regulations regarding the placement and maintenance of
397 communications facilities in the public right-of-way that are
398 generally applicable to providers of communications services in
399 accordance with s. 337.401.
(d) A description of the service area for which the
400
401 applicant seeks certificate of franchise authority, which need
402 not be coextensive with municipal, county, or other political
403 boundaries.
404 (e) The location of the applicant's principal place of
405 business and the names of the applicant's principal executive
406 off icers .
407 (5) If the department fails to act on the application
408 within 15 business days after receiving the application, the
409 application shall been deemed granted by the department without
410 further action.
411 (6) The certificate of franchise authority issued by the
412 department shall contain:
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413 (a) A grant of authority to provide cable service over a
414 cable system as requested in the application.
415
(b) A grant of authority to construct, maintain, and
416 operate facilities through, upon, over, and under any public
41 7 right - of -way or waters.
418
(c) A statement that the grant of authority is subject to
419 lawful operation of the cable system to provide cable service by
420 the applicant or its successor in interest.
421
(7) A certificateholder that seeks to include additional
422 service areas in its current certificate shall file notice with
423 the department that reflects the new service area or areas to be
424 served.
425
(8) The certificate of franchise authority issued by the
426 department is fully transferable to any successor in interest to
427 the applicant to which the certificate is initially granted. A
428 notice of transfer shall be filed with the department and the
429 relevant municipality or county within 14 business days
430 following the completion of such transfer.
431
(9) The certificate of franchise authority issued by the
432 department may be terminated by the cable service provider by
433 submitting notice to the department.
434
(10) An applicant may challenge a denial of an application
435 by the department in a court of competent jurisdiction through a
436 petition for mandamus.
437
438
610.105 Eligibility for state-issued franchise.--
(1) Except as provided in s. 610.104(1) and (2) and
439 subsection (4), a cable service provider that has an existing,
440 unexpired franchise to provide cable service with respect to a
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municipality or county as of July 1, 2006, is not eligible to
seek a state-issued certificate of franchise authority under
this chapter as to that municipality or county until the
expiration date of the existing franchise agreement.
(2) For purposes of this section, a cable service provider
will be deemed to have or have had a franchise to provide cable
service in a specific municipality or county if any affiliate or
successor entity of the cable service provider has or had a
franchise agreement granted by that specific municipality or
county.
(3) The term "affiliate or successor entity" in this
section refers to an entity receiving, obtaining, or operating
under a franchise that directly or indirectly owns or controls,
is owned or controlled by, or is under common ownership or
control with the cable service provider.
(4) Notwithstanding subsection (1), a cable service
provider may elect to terminate an existing municipal or county
franchise and seek a state-issued certificate of franchise
authority with respect to such municipality or county if another
cable service provider is granted a state-issued certificate of
franchise authority for a service area that encompasses at least
50 percent of the total households within the service area
covered by the existing municipal or county franchise. The cable
service provider may terminate its existing franchise under this
subsection by providing written notice to the Secretary of State
and the affected municipality or county within 180 days
following the issuance of the state-issued certificate of
franchise authority to the nonincumbent cable service provider.
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469 The municipal or county franchise is terminated on the date the
470 department issues the state-issued certificate of franchise
471 authority with respect to such municipality or county to the
472 cable service provider.
473
610.106 Franchise fee prohibited.--The department may not
474 impose any taxes, fees, charges, or other impositions on a cable
475 service provider as a condition for the issuance of a state-
476 issued certificate of franchise authority. No municipality or
477 county may impose any taxes, fees, charges, or other exactions
478 on certificateholders in connection with use of public right-of-
479 way as a condition of a certificateholder doing business in the
480 municipality or county, or otherwise, except such taxes, fees,
481 charges, or other exactions permitted by chapter 202 and s.
482 337.401(6).
483
610.107 Buildout.--No franchising authority, state agency,
484 or political subdivision may impose any buildout requirements on
485 a certificateholder.
486
610.108 Customer service standards.--An incumbent cable
487 service provider shall comply with customer service requirements
488 reasonably comparable to the standards in 47 C.P.R. s. 76.309(c)
489 until there are two or more providers offering service,
490 excluding direct-to-home satellite service, in the relevant
491 service area. The Department of Agriculture and Consumer
492 Services shall receive service quality complaints from customers
493 of a certificateholder.
494
610.109 Public, educational, and governmental access
495 channels. --
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496 (1) A certificateholder, not later than 180 days following
497 a request by a municipality or county within whose jurisdiction
498 the certificateholder is providing cable service, shall
499 designate a sufficient amount of capacity on its network to
500 allow the provision of public, educational, and governmental
501 access channels for noncommercial programming as set forth in
502 this section.
503 (2) A certificateholder shall designate a sufficient
504 amount of capacity on its network to allow the provision of a
505 comparable number of public, educational, and governmental
506 access channels or capacity equivalent that a municipality or
507 county has activated under the incumbent cable service
508 providerls franchise agreement as of July 1, 2006. For the
509 purposes of this section, a public, educational, or governmental
510 channel is deemed activated if the channel is being used for
511 public, educational, or governmental programming within the
512 municipality for at least 10 hours per day.
513 (3) If a municipality or county did not have public,
514 educational, or governmental access channels activated under the
515 incumbent cable service provider's franchise agreement as of
516 July 1, 2006, not later than 180 days following a request by the
517 municipality or county within whose jurisdiction a
518 certificateholder is providing cable service, the cable service
519 provider shall furnish:
520 (a) Up to three public, educational, or governmental
521 channels or capacity equivalent for a municipality or county
522 with a population of at least 50,000.
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523
(b) Up to two public, educational, or governmental
524 channels or capacity equivalent for a municipality or county
525 with a population of less than 50,000.
526
(4) Any public, educational, or governmental channel
527 provided pursuant to this section that is not used by the
528 municipality or county for at least 10 hours a day shall no
529 longer be made available to the municipality or county but may
530 be programmed at the cable service provider's discretion. At
531 such time as the municipality or county can certify to the cable
532 service provider a schedule for at least 10 hours of daily
533 programming, the cable service provider shall restore the
534 previously lost channel but shall be under no obligation to
535 carry that channel on a basic or analog tier.
536
(5 )
If a municipality or county has not used the number of
537 access channels or capacity equivalent permitted by subsection
538 (3), access to the additional channels or capacity equivalent
539 allowed in subsection (3) shall be provided upon 180 days'
540 written notice if the municipality or county meets the following
541 standard: if a municipality or county has one active public,
542 educational, or governmental channel and wishes to activate an
543 additional public, educational, or governmental channel, the
544 initial channel shall be considered to be substantially used
545 when 12 hours are programmed on that channel each calendar day.
546 In addition, at least 40 percent of the 12 hours of programming
547 for each business day on average over each calendar quarter must
548 be nonrepeat programming. Nonrepeat programming shall include
549 the first three videocastings of a program. If a municipality or
550 county is entitled to three public, educational, or governmental
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551 channels under subsection (3) and has in service two active
552 public, educational, or governmental channels, each of the two
553 active channels shall be considered to be substantially used
554 when 12 hours are programmed on each channel each calendar day
555 and at least 50 percent of the 12 hours of programming for each
556 business day on average over each calendar quarter is nonrepeat
557 programming for three consecutive calendar quarters.
558 (6) The operation of any public, educational, or
559 governmental access channel or capacity equivalent provided
560 under this section shall be the responsibility of the
561 municipality or county receiving the benefit of such channel or
562 capacity equivalent, and a certificateholder bears only the
563 responsibility for the transmission of such channel content. A
564 certificateholder shall be responsible for providing the
565 connectivity to each public, educational, or governmental access
566 channel distribution point up to the first 200 feet.
567 (7) The municipality or county shall ensure that all
568 transmissions, content, or programming to be transmitted over a
569 channel or facility by a certificateholder are provided or
570 submitted to the cable service provider in a manner or form that
571 is capable of being accepted and transmitted by a provider
572 without any requirement for additional alteration or change in
573 the content by the provider, over the particular network of the
574 cable service provider, which is compatible with the technology
575 or protocol utilized by the cable service provider to deliver
576 services. The provision of public, educational, or governmental
577 content to the provider constitutes authorization for the
578 provider to carry such content, including, at the provider's
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579 option, authorization to carry the content beyond the
580 jurisdictional boundaries of the municipality or county.
581
(8) Where technically feasible, a certificateholder and an
582 incumbent cable service provider shall use reasonable efforts to
583 interconnect their cable systems for the purpose of providing
584 public, educational, and governmental programming.
585 Interconnection may be accomplished by direct cable, microwave
586 link, satellite, or other reasonable method of connection.
587 Certificateholders and incumbent cable service providers shall
588 negotiate in good faith and incumbent cable service providers
589 may not withhold interconnection of public, educational, and
590 governmental channels.
591
(9) A certificateholder is not required to interconnect
592 for, or otherwise to transmit, public, educational, and
593 governmental content that is branded with the logo, name, or
594 other identifying marks of another cable service provider, and a
595 municipality or county may require a cable service provider to
596 remove its logo, name, or other identifying marks from public,
597 educational, and governmental content that is to be made
598 available to another provider.
599
(10) A court of competent jurisdiction shall have
600 exclusive jurisdiction to enforce any requirement under this
601 section.
602
603
610.110 Nondiscrimination by municipality or county.--
(1) A municipality or county shall allow a
604 certificateholder to install, construct, and maintain a network
605 within a public right-of-way and shall provide a
606 certificateholder with open, comparable, nondiscriminatory, and
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607 competitively neutral access to the public right-of-way in
608 accordance with the provisions of s. 337.401. All use of a
609 public right-of-way by a certificateholder is nonexclusive.
610 (2) A municipality or county may not discriminate against
611 a certificateholder regarding:
612 (a) The authorization or placement of a network in a
613 public right-of-way;
614 (b) Access to a building or other property; or
615 (c) Utility pole attachment terms.
616 610.112 Limitation on local authority.--
617 (1) A municipality or county may not impose additional
618 requirements on a certificateholder, including, but not limited
619 to, financial, operational, and administrative requirements,
620 except as expressly permitted by this chapter. A municipality or
621 county may not impose on activities of a certificateholder a
622 requirement:
623 (a) That particular business offices be located in the
624 municipality or county;
625 (b) Regarding the filing of reports and documents with the
626 municipality or county that are not required by state or federal
627 law and that are not related to the use of the public right-of-
628 way. Reports and documents other than schematics indicating the
629 location of facilities for a specific site that are provided in
630 the normal course of the municipality's or county's permitting
631 process, that are authorized by s. 337.401 for communications
632 services providers, or that are otherwise required in the normal
633 course of such permitting process shall not be considered
634 related to the use of the public right-of-way for communications
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635 services providers. A municipality or county may not request
636 information concerning the capacity or technical configuration
637 of a certificateholder's facilities;
638 (c) For the inspection of a certificateholder's business
639 records; or
640 (d) For the approval of transfers of ownership or control
641 of a certificateholder's business, except a municipality or
642 county may require a certificateholder to provide notice of a
643 transfer within a reasonable time.
644
(2) Notwithstanding any other provision of law, a
645 municipality or county may require the issuance of a permit in
646 accordance with and subject to s. 337.401 to a certificateholder
647 that is placing and maintaining facilities in or on a public
648 right-of-way in the municipality or county. In accordance with
649 s. 337.402, the permit may require the permitholder to be
650 responsible, at the permitholder's expense, for any damage
651 resulting from the issuance of such permit and for restoring the
652 public right-of-way to a substantially similar condition to that
653 of the public right-of-way before installation of such
654 facilities. The terms of the permit shall be consistent with
655 construction permits issued to other providers of communications
656 services placing or maintaining communications facilities in a
657 public right-of-way.
658
659
610.113 Discrimination prohibited.--
(1)
The purpose of this section is to prevent
660 discrimination among potential residential subscribers.
661
(2 )
Pursuant to 47 U. S . C. s. 541 (a) (3), a
662 certificateholder may not deny access to service to any group of
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potential residential subscribers because of the income of the
residents in the local area in which such group resides.
(3) An affected person may seek enforcement of the
requirements provided by subsection (2) by initiating a
proceeding with the Department of Agriculture and Consumer
Services pursuant to s. 570.544.
(4) For purposes of determining whether a
certificateholder has violated subsection (2), cost, density,
distance, and technological or commercial limitations shall be
taken into account, and the certificateholder shall have a
reasonable time to deploy service pursuant to 47 D.S.C. s.
541 (a) (4) (A). Dse of an alternative technology that provides
comparable content, service, and functionality may not be
considered a violation of subsection (2). The inability to serve
an end user because a certificateholder is prohibited from
placing its own facilities in a building or property is not a
violation of subsection (2). This section may not be construed
to authorize any buildout requirements on a certificateholder.
610.114 Compliance.--If a certificateholder is found by a
court of competent jurisdiction to not comply with the
requirements of this chapter, the certificateholder shall have a
reasonable period of time, as specified by the court, to cure
such noncompliance.
610.115 Applicability of other laws.--Nothing in this
chapter impairs the right of a provider of video programming
that is not a cable service provider to provide video
programming and use public right-of-way under chapter 337
without a state-issued certificate of franchise authority.
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691
610.116 Severability.--If any provision of ss. 610.102-
692 610.115 or the application thereof to any person or circumstance
693 is held invalid, such invalidity shall not affect other
694 provisions or application of ss. 610.102-610.115 that can be
695 given effect without the invalid provision or application, and
696 to this end the provisions of ss. 610.102-610.115 are severable.
697
698
Section 6.
Section 166.046, Florida Statutes, is repealed.
Paragraph (a) of subsection (3) of section
Section 7.
699 350.81, Florida Statutes, is amended to read:
700
350.81 Communications services offered by governmental
701 entities.--
702
(3) (a) A governmental entity that provides a cable service
703 shall comply with the Cable Communications Policy Act of 1984,
704 47 D.S.C. ss. 521 et seq., the regulations issued by the Federal
705 Communications Commission under the Cable Communications Policy
706 Act of 1984, 47 D.S.C. ss. 521 et seq., and all applicable state
707 and federal rules and regulations, including, but not limited
708 to, o. 166.016 ~nd those provisions of chapters 202, 212, a&e
709 337, and 610 which apply to a provider of the services.
710
Section 8.
Section 364.0361, Florida Statutes, is amended
711 to read:
712
364.0361 Local government authority; nondiscriminatory
713 exercise.--A local government shall treat each
714 telecommunications company in a nondiscriminatory manner when
715 exercising its authority to grant franchises to a
716 telecommunications company or to otherwise establish conditions
717 or compensation for the use of rights-of-way or other public
718 property by a telecommunications company. A local government may
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719 not directly or indirectly regulate the terms and conditions,
720 including, but not limited to, the operating systems,
721 qualifications, services, service quality, service territory,
722 and prices, applicable to or in connection with the provision of
723 any voice-over-Internet protocol, regardless of the platform,
724 provider, or protocol, broadband or information service. This
725 section does not relieve a provider from any obligations under
726 o. 166.016 or s. 337.401.
727
Section 9. This act shall take effect July I, 2006.
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Agenda Item No. 16A7
March 28, 2006
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution opposing enactment into law proposed Florida
Senate Bill 1984 relating to Cable Television and video programming services, prohibiting
the requiring of in-kind contributions from cable television franchises, to include
supporting the use or construction of public, educational or government (PEG) access
facilities.
OBJECTIVE: That the Board of County Commissioners (BCC) adopt a Resolution opposing
enactment into law proposed Senate Bill 1984 relating to cable television and video
programming services, prohibiting the requiring of in-kind contributions from cable television
franchises, to include supporting the use or construction of public, educational or government
(PEG) access facilities.
CONSIDERATIONS: Collier County Ordinance No. 88-90, as amended, provides for the
issuing of cable television franchises as a prerequisite to installation, construction or operation of
a cable television systems that use public right-of-way in the unincorporated areas of Collier
County. Collier County has granted four (4) cable television franchises, all of which are active
and mutually binding on the respective contracting parties.
Current Florida law requires cable television operators to acquire a local cable franchise
agreement from a local government before providing cable service within the respective local
government's jurisdictional area if the service provider requires any use of the local
government's jurisdictional public right-of way. The current existing obligation to apply for and
acquire a local cable franchise to provide video services stems both from inherit local
government authority over the use of its jurisdictional public rights-of-way and from a Federal
Statute entitled the 1992 Cable Act, Title VI.
Collier County, through its Cable Television Franchise Ordinance, has negotiated and obtained
benefits that satisfy the cable television related needs of our community that make reasonable in-
kind contributions, all of which were freely agreed to by each of the four (4) franchisees,
including broadcast of County Commission public meetings, services to public schools and other
governmental facilities, and other services that support important educational and public
interests.
Proposed Senate Bill 1984 authorizes cable franchisees to unilaterally terminate existing cable
franchise provisions that require the cable provider to contribute any in-kind contributions
whatsoever.
It is in the public interest and in the best interest of customers of cable service providers in
Collier County, and throughout Florida, that local governments retain all of their currently
existing authority to require reasonable in-kind contributions from cable television franchisees.
0'-
FISCAL IMPACT: Cable franchise revenues, through the Communication Service Tax,
attribute to more than $3 million annually to Collier County. This proposed legislation will
eliminate the County's ability to receive future in-kind contributions, which have been
traditionally used for the County's television production and institutional network needs.
GROWTH MANAGEMENT IMP ACT: There are no growth management impacts.
Agenda Item No. 16A7
March 28, 2006
Page 2 of 7
RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution to
express opposition to enactment of this proposed legislation into Florida's General Law and
direct the County Manager to deliver a copy of this Resolution to each member of Collier
County's Local Legislative Delegation, Governor Jeb Bush, the Florida Association of Counties
and the Florida League of Cities.
PREPARED BY: James C. French, Regulation and Operations Manager, CDES
.-
Item Number:
Item Summary:
,,-
Meeting Date:
Prepared By
James French
Community Development &
Environmental Services
Approved By
Thomas Palmer
County Attome)/
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Approved By
Mark Isackson
County Manager's Office
Approved By
Denton Baker
Community Development &
Environmental Survices
Approved B)"
Jamils V. Mudd
Board of County
Commissioners
--
Aaenda Item No. 16A7
v Marcil 28, 2006
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A7
Recomrnendaflon to adop~ a Resolution opposing enactment Into law proposed Flonda
Senate Bill 1984 relating to Cable Television and Video programming services. prot1ibiting the
requiring of in-kind comributloilS from cable television franchises, to H1clude supporting the
use or construction of public, educational or governmenl (PEG) access tscilitles.
3'28'2006900:00 AM
Operations Supel"llisor
Date
CDES Operations
3/21/200612:23:06 PM
Assistant County Attorne)/
Dale
County Attomey Office
3/211200612:26 PM
Community Development &
Environmental Services Adminstralor
Dnte
Community De...elopment &
Environmental Services Admin.
3/21/20064:40 PM
BudgAI Analyst
Data
Office of Management & Budget
3/21/20064:58 PM
Financial Admin & Housing Director
Date
Financial Admin. 8. Houning
3/21120065:14 PM
County Manager
Date
County Manager's Office
3f2112006 &:16 PM
Agenda Item No. 16A7
March 28, 2006
Page 4 of 7
RESOLUTION NO. 2006 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE AND
FLORIDA'S GOVERNOR TO OPPOSE AND DEFEAT PROPOSED FLORIDA
SENATE BILL 1984 (pROHIBITING REQUIRING ALL CABLE TELEVISION IN-KlND
CONTRIBUTIONS FROM CABLE FRANCHISEES, INCLUDING WITH REGARD TO
PEG CHANNEL FACILITIES) AND DIRECTING THAT THIS RESOLUTION BE
FORWARDED TO COLLIER COUNTY'S LOCAL LEGISLATURE DELEGATION, TO
FLORIDA'S GOVERNOR, AND TO THE FLORIDA ASSOCIATION OF COUNTIES
AND THE FLORIDA LEAGUE OF CITIES
WHEREAS, proposed Florida Senate Bill 1984, mandates that each Florida
county and each and Florida municipality, by franchise agreement or ordinance, shall
not require that any cable provider provide any in-kind contributions or exchanges,
including any network or other contribution, to support the use or construction of public,
educational, or government ("PEG") access facilities; and
WHEREAS, proposed Senate Bill 1984 authorizes cable franchisees to
unilaterally terminate existing cable franchise provisions that require the cable provider
to contribute any in-kind contributions whatsoever, which authorization appears to be
legislation that impairs the obligation of contracts in violation of Florida's Constitution
and of the Constitution of the United States; and
WHEREAS, pursuant to Collier County Ordinance No. 88-90, as amended,
Collier County has granted four (4) cable television franchises, all of which are active
and mutually binding on the respective contracting parties; and
WHEREAS, the County's four (4) cable television franchises require each cable
franchisee to make reasonable in-kind contributions, all of which obligations were freely
agreed to by each ofthe four (4) Franchisees; and
WHEREAS, it is in the public interest and in the best interests of customers of
cable service providers in Collier County, and throughout Florida, that local
governments retain all of their currently existing authority to require reasonable in-kind
contributions from cable television Franchisees; and
WHEREAS, for each of the above reasons, the Board of County Commissioners
of Collier County, Florida, expresses its opposition to proposed Florida Senate Bill 1984
and urges members of the Florida legislature and Florida's Governor to oppose and
clefeat proposed Florida Senate Bill 1984; and
WHEREAS, the Board finds that is in the public interest, and in the interests of
Florida consumers of cable services, to forward this Resolution to all members of Collier
County's local Legislative Delegation, to Florida's Governor, to the Florida Association
of Counties and to the Florida League of Cities.
NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTYL FLORIDA, that:
1. The foregoing "WHEREAS. clauses are hereby ratified and confirmed as
being true and correct and are hereby incorporated herein as an integral part of this
Resolution.
,2. The Board opposes proposed Florida Senate Bill 1984, and any other
substantially similar Florida Legislation, and urges all members of the Florida legislature
and Florida Governor, Jeb Bush, to oppose and defeat proposed Senate Bill 1984 and
any other similar Florida legislation.
3. County Manager, Jim Mudd, is hereby directed to immediately distribute a
copy of this Resolution to all members of Collier County's local Legislative Delegation),
to Govemor Jeb Bush, to the Florida Association of Counties and to the Florida League
of Cities.
Page 1 af2
Agenda Item No. 16A7
March 28, 2006
Page 5 of 7
4. This Resolution shall be effective upon is adoption.
...-
ADOPTED by the Board of County Commissioners of Collier County, Florida, this
_ day of April, 2006.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Frank Halas, Chairman
Deputy Clerk
Approved as to form and legal sufficiency:
By:
Thomas C. Palmer,
Assistant County Attomey
Page 2 of 2
Agenda Item No. 16A7
March 28, 2006
Page 6 of 7
Florida Senate - 2006
SB 1984
By Senator Bennett
21-1279-06
1
A bill to be entitled
2
3
4
5
6
An act relating to cable services; amending s.
202.24, F.S.; prohibiting a municipality or
county from requiring from a provider of cable
services certain in-kind contributions or
exchanges as a condition for receiving or
7
operating a cable franchise; providing that
8
9
compliance with a provision imposing such
mandatory in-kind contributions or exchanges
10
may be terminated after a specified date by
11
serving a written notice of the termination on
the municipality or county; providing an
12
13
effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17
Section 1.
Subsection (4) is added to section 202.24,
18 Florida Statutes, to read:
19
202.24 Limitations on local taxes and fees imposed on
20 dealers of communications services.--
21
Notwithstandino any other law, a municipality or
( 4 )
22 county may not, by franchise aoreement or ordinance, reouire
23 from a provider of cable services, or demand as a condition
24 for orantino a cable franchise to a provider, in-kind
25 contributions or exchanaes. includina, but not limited to.
26 institutional networks or contributions to support the use or
27 construction of public, educational, or oovernmental access
28 facilities. Compliance with any provision in an ordinance or
29 cable franchise aqreeme~t effective on July 1, 2006. imposino
30 on a provider of cable services such mandatory in-kind
31 contributions or exchanoes may be terminated at any time by
1
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Agenda Item No. 16A7
March 28, 2006
Page 7 of 7
Florida Senate - 2006
21-1279-06
SB 1984
the provider of cable services bv servin9 a written notice of
the termination on the municipality or county.
Section 2.
This act shall take effect July I, 2006.
*****************************************
SENATE SUMMARY
Prohibits a municipality or county from requiring from a
provider of cable services certain in-kind contributions
or exchanges as a condition for receiving or operating a
cable franchise. Provides that compliance with a
provision imposing such mandatory in-kind contributions
or exchanges may be terminated after a specified date by
serving a written notice of the termination on the
municipality or county.
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CODING: Words 3trickcn are deletions; words underlined are additions.
Agenda Item No. 16A8
March 28,2006
Page 1 of 85
....,.^.....
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution opposing enactment into law proposed United
States (V.S.) Senate Bill 1504 relating to Cable Television and video programming services,
preempting all local authority over the provision of cable and video services within the
community, including the ability of local governments to provide appropriate oversight to
entities conducting such business within its jurisdiction, including local public rights-of-
way.
OBJECTIVE: That the Board of County Commissioners (BCC) adopt a Resolution opposing
enactment into law proposed U.S. Senate Bill '1504 relating to cable television and video
programming services, preempting all local authority over the provision of cable and video
services within the community, including the ability of local governments to provide appropriate
oversight to entities conducting such business within its jurisdiction, including local public
rights-of-way.
CONSIDERATIONS: Collier County Ordinance No. 88-90, as amended, provides for the
issuing of cable television franchises as a prerequisite to installation, construction or operation of
a cable television systems that use public right-of-way in the unincorporated areas of Collier
County. Collier County has granted four (4) cable television franchises, all of which are active
and mutually binding on the respective contracting parties.
,~,.-...
Current Florida law requires cable television operators to acquire a local cable franchise
agreement from a local government before providing cable service within the respective local
government's jurisdictional area if the service provider requires any use of the local
government's jurisdictional public right-of way. The current existing obligation to apply for and
acquire a local cable franchise to provide video services stems both from inherit local
government authority over the use of its jurisdictional public rights-of-way and from a Federal
Statute entitled the 1992 Cable Act, Title VI.
This Bill will preempt all local authority over the provision of cable and video services within
the community, including the ability of local governments to provide appropriate oversight to
entities conducting such business within its jurisdiction, including local public rights-of-way.
Collier County's four (4) existing negotiated Franchise Agreement with its franchised cable
operators will be abrogated by this Bill.
The Bill will substitute a new compensation methodology lowering the existing franchise fee and
replacing it with a fee, or in the State of Florida, the cable component of the Communications
Services Tax, which must be justified as being "reasonable" in the eyes of the user, limited to
management costs (which denies the rights of the property owner to obtain fair and reasonable
compensation for such uses of public property for private gain), and not in excess of 5%.
These requirements and restrictions will result in the creation of a subsidy to the cable and
telecommunications industries at the expense of the Collier County's taxpayers.
-
The Bill will substantially reduce the amount of capacity which may be required by local
governments to meet their public, educational and government ("PEG") access needs, while
stripping Collier County's ability to obtain capital support for the use of PEG capacity - part of
Agenda Item No. 16A8
March 28, 2006
Page 2 of 85
the bargain contained within Collier County's negotiated franchise agreements - with the result
that the community's cable-related needs and interests would not be met.
The Bill will deprive local citizens of opportunity to address local issues locally, by removing to
the state all customer service issues and by denying consumers any form of recourse for any
actions of a communications provider.
The Bill will eliminate any "build-out requirements" for any video service provider, thereby
allowing providers to discriminate based on the wealth of the local neighborhoods they may
choose or not choose to serve.
The Bill will preempt any state or local law that is not generally applicable to all businesses,
thereby potentially preempting any law applicable to only certain classes of businesses, such as
utilities and rights-of-way users (e.g., requiring undergrounding of facilities and ensuring electric
code compliance).
The Bill will prohibit local governments, including Collier County, from imposing any fee for
issuance of rights-of-way construction permits yet would require all local governments to act on
requests for permits in a timely manner as may be determined solely by the FCC, thereby
insinuating inappropriate federal government involvement in the basic day-to-day management
of local rights-of-way.
The Bill will prohibit municipalities and their utilities from providing communications services
without giving a right of first refusal to private industry, and will then grant industry unfettered
access to all municipal facilities and financing in the event private industry chooses to provide
servIces.
The Bill will deprive Collier County and all other local governments of the now existing
authority to establish and maintain government owned and operated networks, which may be
utilized by first responders and other government officials in the day-to-day management of the
respective local government's business.
The Bill will permit broadened preemption of local zoning decisions relating to the geographic
placement of cell towers, depriving all local governments of the existing authority to ensure that
such towers are safely and appropriately located in geographic areas to provide the greatest
degree of services without unnecessarily reducing the value of adjacent and nearby privately
owned real property or posing a hazard to the public health, safety and welfare.
The Bill will eliminate the protection that local governments currently have against liability for
damages and attorneys fees in lawsuits brought by communication service providers against local
governments, a type oflitigation that the Bill would seem to invite service providers to bring.
It is in the public interest and in the best interest of customers of cable service providers in
Collier County, and throughout the nation, that this proposed legislation be opposed.
,,,,-,,L.
FISCAL IMPACT: Cable franchise revenues, through the Communication Service Tax,
attribute to more than $3 million annually to Collier County. It is unknown at this time what
effect the proposed legislation will have on Collier County's ability to continue to receive such
funds.
GROWTH MANAGEMENT IMP ACT: There are no growth management impacts.
Agenda Item No. 16A8
March 28, 2006
Page 3 of 85
RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution to
express opposition to Senate Bill 1504 and direct the County Manager to deliver a copy of this
Resolution to each member of the County's Congressional Delegation, other members of
Congress as deemed appropriate by the County Manager, the President of the United States, the
Florida Association of Counties and the Florida League of Cities.
PREPARED BY: James C. French, Regulation and Operations Manager, CDES
,-
Item Number:
Item Sum mary:
Meeting Oat.:
Agenda Item No, 16A8
March 28 2006
Page 4 of 85
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A8
Recommendation to adopt a Resolution opposing enactment into law proposed United States
(U.S.) Senate 8il11504 relating to Cable Television and video programming services,
preempting all local auHlOrity over the provision of cable and video services within the
community, including the ability of local governments to provide appropriate oversight to
entities COnducting such business within its jurisdiction, including local public rights-af-way
3/28/20069:00:00 AM
Date
Prepared By
James French
Community Development &
Environmental Services
Operations Supervisor
COES Operations
3/211200612:24:46 PM
Date
Approved By
Thomas Palmer
County Attomey
Assistant County Attorney
County Attorney Office
3/21f200612:26 PM
Date
Approved By
Joseph K. Schmitt
Community l)f)velopment &
Environmental Services
Community Developmtlnt &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
3121/20064:45 PM
Date
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
3f2112D06 5:07 PM
Date
Approved By
Denton Baker
Community Deyelopment &
Environmental Services
Financial Admin & Housing Director
Financial Admin, & HOlising
3121/20065:13 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
3121/20068:20 PM
RESOLUTION NO. 2006-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, EXPRESSING ITS oPPOSmON TO SENATE BILL 1504 (THE
"BROADBAND INVESTMENT AND CONSUMER CHOICE Acr' - S.1504), URGING
CONGRESSIONAL REPRESENTATIVES TO REFRAIN FROM ANY FORM OF
SUPPORT OR CO-SPONSORSHIP OF S. 1504 AND TO VOTE IN OPPOSITION TO
S. 1504, AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO THE
COUNTY'S CONGRESSIONAL DELEGATION, TO OTHER MEMBERS OF
CONGRESS AS DEEMED APPROPRIATE BY THE COUNTY MANAGER, AND TO
THE PRESIDENT OF THE UNITED STATES
Agenda Item No. 16A8
March 28, 2006
Page 5 of 85
WHEREAS, on August 2, 2005, Senators John Ensign and John McCain
introduced a proposed Federal Statute called the "Broadband Investment and
Consumer Choice Act of 2005" (S. 1504); and
WHEREAS, the Board of County Commissioners of Collier County, Florida,
opposes passage of S. 1504 and any other similar federal legislation because:
. The Bill will preempt all local authority over the provision of cable and video
services within the community, including the ability of local governments to
provide appropriate oversight to entities conducting such business within its
jurisdiction, including local public rights-of-way;
. Collier County's four (4) existing negotiated Franchise Agreement with its
Franchised cable operators will be abrogated by this Bill;
. The Bill will substitute a new compensation methodology lowering the
existing franchise fee and replacing it with a fee, or in the State of Florida,
the cable component of the Communications Services Tax, which must be
justified as being "reasonable" in the eyes of the user, limited to
management costs (which denies the rights of the property owner to obtain
fair and reasonable compensation for such uses of public property for private
gain), and not in excess of 5%;
. These requirements and restrictions will result in the creation of a subsidy to
the cable and telecommunications industries at the expense of the Collier
County's taxpayers;
. The Bill will substantially reduce the amount of capacity which may be
required by local governments to meet their public, educational and
government ("PEG") access needs, while stripping Collier County's ability to
obtain capital support for the use of PEG capacity - part of the bargain
contained within Collier County's negotiated franchise agreements - with the
result that the community's cable-related needs and interests would not be
met;
. The Bill will deprive local citizens of opportunity to address local issues
locally, by removing to the state all customer service issues and by denying
consumers any form of recourse for any actions of a communications
provider;
. The Bill will eliminate any "build-out requirements" for any video service
provider, thereby allowing providers to discriminate based on the wealth of
the local neighborhoods they may choose or not choose to serve;
. The Bill will preempt any state or local law that is not generally applicable to
all businesses, thereby potentially preempting any law applicable to only
certain classes of businesses, such as utilities and rights-of-way users (e.g.,
requiring undergrounding of facilities and ensuring electric code
compliance);
Page 1 of 3
Agenda Item No. 16A8
March 28, 2006
Page 6 of 85
. The Bill will prohibit local governments, including Collier County, from
imposing any fee for issuance of rights-of-way construction permits yet
would require all local governments to act on requests for permits in a timely
manner as may be determined solely by the FCC. thereby insinuating
inappropriate federal government involvement in the basic day-to-day
management of local rights-of-way;
. The Bill will prohibit municipalities and their utilities from providing
communications services without giving a right of first refusal to private
industry, and will then grant industry unfettered access to all municipal
facilities and financing in the event private industry chooses to provide
services;
. The Bill will deprive Collier County and all other local governments of the
now existing authority to establish and maintain government owned and
operated networks (known as )institutional networks"), that may be utilized
by first responders and other government officials in the day-to-day
management of the respective local government's business;
. The Bill will permit broadened preemption of local zoning decisions relating
to the geographic placement of cell towers, deprMng all local governments
of the existing authority to ensure that such towers are safely and
appropriately located in geographic areas to provide the greatest degree of
services without unnecessarily reducing the value of adjacent and nearby
privately owned real property or posing a hazard to the public health. safety
and welfare; and
. The Bill will eliminate the protection that local governments currently have
against liability for damages and attorneys fees in lawsuits brought by
communication service providers against local governments, a type of
litigation that the Bill would seem to invite service providers to bring.
WHEREAS, for the above-stated reasons, the Board of County Commissioners
of Collier County, Florida, hereby finds that it opposes S. 1504 and urges members of
the Congress of the United States, and the President of the United States, to defeat S.
1504; and
WHEREAS, the Board of County Commissioners of Collier County, Florida
hereby finds that this Resolution should be forwarded to its Congressional Delegation,
to other members of Congress as deemed appropriate by the County Manager, and to
the President of the United States.
NOW, THEREFORE, BE IT RESOLVED BY THE ABOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTYM FLORIDA that:
Section 1. For the reasons stated above, the Board decl~.res its opposition to
S. 1504 and urges members of Congress to oppose and defeat S. 1504.
Section 2. The Board hereby directs that this Resolution be forwarded
immediately to the County's Congressional Delegation, to other members of Congress
as deemed appropriate by the County Manager, and to the President of the United
States.
Section 3. This Resolution shall become effective immediately upon its
adoption.
Page 2 of 3
Agenda Item No. 16A8
March 28, 2006
Page 7 of 85
ADOPTED this _ day of
majority vote favoring adoption.
, 2006 after motion, second and
A TrEST:
DWIGHT B. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRANK HALAS, Chairman
Approved as to form and legal sufficiency:
By,Jt>M ~"'--
Tho as C. Palmer,
Assistant County Attorney
Page 3 01 3
Agenda Item No. 16A8
March 28, 2006
Page 8 of 85
S 1504 IS
109th CONGRESS
1st Session
S. 1504
To establish a market driven telecommunications marketplace, to eliminate government
managed competition of existing communication service, and to provide parity between
functionally equivalent services.
IN THE SENATE OF THE UNITED STATES
July 27, 2005
Mr. ENSIGN (for himself and Mr. MCCAIN) introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and Transportation
A BILL
To establish a market driven telecommunications marketplace, to eliminate government
managed competition of existing communication service, and to provide parity between
functionally equivalent services.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the' Broadband Investment and Consumer
Choice Act'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
See. 3. General principle.
Sec. 4. Definitions.
Sec. 5. Consumer communications service.
Sec. 6. Federal quality standards.
See. 7. Consumer access to content and applications.
Sec. 8. Regulatory authority of the commission.
Sec. 9. Network interconnection and access requirements.
Sec. 10. Unbundled access to copper loops, physical collocation, and resale.
Sec. 11. Number portability.
Sec. 12. Special provisions for 2-percent carriers.
Agenda Item No. 16A8
March 28, 2006
Page 9 of 85
Sec. 13. Video services.
See. 14. Copyright limitations on exclusive rights video service providers.
Sec. 15. Municipally owned networks.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since passage of the Telecommunications Act of 1996, there have been
dramatic changes in the industry, technology, and marketplace requiring
Congress to revisit the communications policy of the Nation.
(2) Inter-modal competition is bringing consumers more choice in voice, data,
and video service options than ever before.
(3) A new policy framework is required to allow functionally equivalent
services to compete fairly.
(4) Silos of regulation based on historical regulatory classifications only invite
arbitrage and result in government influenced market distortions.
(5) Such market distortions coupled with lack of regulatory certainty is chilling
investment and stalling deployment of broadband networks.
(6) The United States is falling behind the world in broadband penetration and
it must encourage investment to regain a leadership position in the world.
(7) Communications networks are global in nature and the United States must
eliminate barriers for domestic communications providers to compete in the
global marketplace.
(8) As the United States transitions to a market driven communications
service sector, consumers should be protected with a safety net of access to
affordable Basic Telephone Service.
(9) A new communications framework should foster consumer value and
choice by unleashing markets, in lieu of government-managed competition.
(10) The l's and O's of the digital age are not constrained by State lines or
national boundaries, therefore, a patch work quilt of State and local
regulations will only stifle growth and impose undue costs and burdens on
consumers.
(11) In the event that market failure leads State or local governments to
contemplate construction of their own communications services, the option to
enter that market should first be provided to commercial providers under
similar terms to ensure that such governments are not competing
unnecessarily with private industry.
(12) Robust competition coupled with rapid number portability will empower
consumers to choose the best services at the best prices.
SEC. 3. GENERAL PRINCIPLE.
(1) APPLICABILITY OF THE COMMUNICATIONS ACT OF 1934- Except as
provided in this Act, any conduct, activity, service, or service provider shall 0
Agenda Item No. 16A8
March 28, 2006
Page 10 of 85
or after the date of enactment of this Act, be subject only to the requirements
of this Act, if such conduct, activity, service, or service provider was, before
the date of enactment of this Act, subject tOn
(A) titles I, II, and VI or section 332 of the Communications Act of 1934
(47 U.S.c. 151 et seq.);
(B) any equivalent State common carrier law or regulation with respect
to telecommunications, telecommunications services, or information
services; or
(C) any State or local law, regulation, or order with respect to cable
services or video services.
(2) LIMITATION ON GOVERNMENT AUTHORITY- Notwithstanding any other
provision of Federal, State, or local law, and except as provided in this Act, no
Federal, State, or local government shall have authority--
(A) to regulate the rates, terms, price, or quality of any communications
service;
(B) to require any facilities-based communications service provider to
provide third parties with access to its facilities; or
(C) to regulate the rates, terms, and conditions, if any, on which a
facilities-based communications service provider chooses to afford third
parties with access to its facilities.
(3) NO EFFECT ON TITLES IV, V, VII OF THE COMMUNICATIONS ACT OF
1934- Nothing in this Act shall be construed to affect title IV, V, or VII of the
Communications Act of 1934 (47 U.S.c. 151 et seq.) and the provisions of
such titles shall be applicable to any conduct, activity, service, or service
provider subject to this Act.
(4) AFFECT ON CERTAIN PROVISIONS OF TITLE II OF THE COMMUNICATIONS
ACT OF 1934-
(A) IN GENERAL- Nothing in this Act shall be construed to affect the
authority of the Commission under sections 206, 207, 208, 209, 224,
225, 226, 227, 229, 230, 253, and 255 of the Communications Act of
1934.
(B) AUTHORITY STILL VALID- Except as provided otherwise in this Act,
any conduct, activity, service, or service provider subject to this Act
shall be subject to the authority and the requirements of the provisions
of the Communications Act of 1934 described in subparagraph (A).
(5) NO AFFECT ON STATE LAWS OF GENERAL APPLICABILITY- Nothing in this
Act is intended to affect State laws of general applicability to all businesses,
except to the extent that such laws are inconsistent with this Act.
(6) DIRECT-TO-HOME SATELLITE SERVICES- No State or local government
shall have the authority to regulate through franchise agreements or
otherwise direct-to-home satellite services, including any activity, conduct, or
matter concerning--
(A) rates;
(B) services;
Agenda Item No. 16A8
March 28, 2006
Page 11 of 85
(C) billing;
(D) equipment; and
(E) sales.
(7) REGULATORY TREATMENT OF MOBILE SERVICES-
(A) FORBEARANCE- The Commission shall forbear from applying any
regulation, provision, or requirement imposed by this Act or the
Communications Act of 1934 to a mobile service or persons or classes of
persons engaged in the provision of such service, to the extent such
persons are engaged in the provision of such service, in all of the
geographic markets served by such service, unless the Commission
determines that enforcement of such regulation or provision is
necessary--
(i) because of the lack of competition among providers of such
service; or
(ii) for the protection of public health and safety.
(B) PETITION FOR FORBEARANCE-
(i) IN GENERAL- Any provider or class of providers of a mobile
service may submit a petition to the Commission requesting that
the Commission exercise the authority granted under
subparagraph (A) with respect to that provider or class of
providers.
(ii) i-YEAR REVIEW PERIOD- Not later than 1 year after the
Commission receives a petition submitted under clause (i), such
petition shall be deemed granted if the Commission does not deny
the petition on either of the grounds described in subparagraph
(A), unless such i-year period is extended by the Commission.
(iii) EXTENSION OF REVIEW PERIOD- The Commission may
extend the initial i-year period under clause (ii) by an additional
90 days if the Commission finds that an extension is necessary to
complete the determination required by that clause.
(iv) AUTHORITY OF COMMISSION- The Commission--
(1) may grant or deny a petition in whole or in part; and
(II) shall explain its decision in writing.
(8) REGULATORY TREATMENT OF SEAMLESS MOBILITY-
(A) IN GENERAL- In implementing the provisions of this Act or any other
proceeding, the Commission shall not take any action to impede the
development of seamless mobility.
(B) DEFINITION- For purposes of this paragraph, the term' seamless
mobility' means the ability of a consumer and connecting devices of
consumer to move easily and smoothly between and among internet
protocol enabled technology platforms, facilities, and networks.
(9) RULEMAKING- The Commission shall have authority to establish rules to
implement the provisions of paragraphs (3) and (4) that are no greater or
Agenda Item No. 16A8
March 28, 2006
Page 12 of 85
lesser than the requirements contained in the titles described in paragraph (3)
and the sections described in paragraph (4).
SEC. 4. DEFINITIONS.
(a) In General- For purposes of this Act:
(1) BASIC TELEPHONE SERVICE; BTS- The term' Basic Telephone Service' or
, BTS'--
(A) means a single-line flat rate voice communications service--
(i) within a traditional local calling area;
(ii) with access to 911;
(iii) with touch tone dialing; and
(iv) with access to long distance; and
(B) does not include any interexchange communications wireline
service.
(2) BROADBAND COMMUNICATIONS SERVICE- The term' broadband
communications service' means a communications service enabling the trans-
mission of communications at a capacity greater than 64 kilobits per second.
(3) COMMISSION- The term' Commission' means the Federal
Communications Commission.
(4) COMMUNICATIONS SERVICE- The term' communications service'--
(A) means any service enabling an end user to transmit, receive, store,
forward, retrieve, modify, or obtain voice, data, image, or video
communications using any technology, including--
(i) copper;
(ii) coaxial cable;
(iii) optical fiber;
(iv) terrestrial fixed wireless;
(v) terrestrial mobile wireless;
(vi) satellite;
(vii) power lines; or
(viii) successor technologies; and
(8) does not include--
(i) television or radio broadcasting; and
(ii) any service that is not provided to the public or to a
substantial portion of the public.
(5) CONSUMER- The term' consumer'--
(A) means a consumer of goods or services whether for a fee, in
exchange for an explicit benefit, or provided for free; and
(B) includes--
(i) an end user of communications service;
(ii) individuals;
(iii) partnerships;
(iv) associations;
Agenda Item No. 16A8
March 28,2006
Page 13 of 85
(v) joint-stock companies;
(vi) trusts; and
(vii) corporations.
(6) COPPER LOOPS- The term' copper loops' means an entirely copper cable
transmission facility used to provide circuit switched services, between a
distribution frame (or its equivalent) in the central office of an incumbent local
exchange carrier and the loop demarcation point at the premise of a
consumer.
(7) ELIGIBLE TELECOMMUNICATIONS CARRIER; ETC- The term' eligible
telecommunications carrier' or ' ETC means a telecommunications carrier that
has been determined, under section 214(e) of the Communications Act of
1934 (47 U.S.c. 214(e)), to be eligible for Federal universal service support.
(8) FACILITIES-BASED PROVIDER- The term' facilities-based provider' means
a provider of a communications service to the extent that such provider
makes available such communications service predominantly by means of its
own network.
(9) FRANCHISE- The term' franchisel has the meaning given to such term in
section 602(9) of the Communications Act of 1934 (47 U.S.c. 522(9)).
(10) INCUMBENT LOCAL EXCHANGE CARRIER- The term' Incumbent Local
Exchange Carrier' has the meaning given to such term in section 251(h) of the
Communications Act of 1934 (47 U.S.c. 251(h)).
(11) INTERCONNECTION- The term' interconnection' means the physical
linking of 2 networks whether directly or indirectly for the mutual exchange of
non video traffic.
(12) NARROWBAND COMMUNICATIONS SERVICE- The term' narrowband
communications service' means a communications service enabling the
transmission of communications at a capacity of not more than 64 kilobits per
second.
(13) PUBLIC SWITCHED TELEPHONE NETWORK- The term' public switched
telephone network' means the collection of interconnected circuit switched
telecommunications.
(14) SATELLITE CARRIER- The term' satellite carrier' has the meaning given
to such term in section 119(d)(6) of title 17, United States Code.
(15) TRANSITING SERVICE- The term' transiting service' means a service
provided by a facilities-based provider which facilitates the indirect
interconnection between 2 other facilities-based providers on the circuit
switched network.
(16) 2-PERCENT CARRIER- The term' 2-percent carrier' means an incumbent
local exchange provider which serves in aggregate less than 2 percent of the
access lines of the Nation on the date of enactment this Act.
(17) VIDEO SERVICE- The term' video service' means--
(A) video programming;
(B) interactive on demand services; and
(C) other programming services.
Agenda Item No. 16A8
March 28, 2006
Page 14 of 85
(18) VIDEO SERVICE PROVIDER- The term' video service provider'n
(A) means a provider of video service that utilizes a public right-of-way
in the provision of such service; and
(B) does not indude--
(i) a satellite carrier;
(ii) any person providing video programming using radio
communication;
(iii) any other provider of video service that does not use a public
right-of-way in the provision of its service; or
(iv) any person providing video service by means of a commercial
mobile service, unless such person has substantially replaced a
video service provider described in subparagraph (A) by occupying
a position in the video service market comparable to that occupied
by such provider.
(b) Common Terminology- Except as otherwise provided in subsection (a), terms
used in this Act shall have the same meaning given to such terms under sections 3,
332(d), and 602 of the Communications Act of 1934 (47 U.s.c. 153, 332(d), and
522).
SEC. S. CONSUMER COMMUNICATIONS SERVICE.
(a) Basic Telephone Service Safety Net- Each telecommunications carrier that is
deemed to be an incumbent local exchange carrier on the date of enactment of this
Act and any ETC shall offer BTS to business and residential customers throughout
the service territory of such incumbent local exchange carrier, as such service
territory was defined on the date of enactment of this Act.
(b) Rate Cap-
(1) IN GENERAL- Until January 1, 2010, BTS rates charged by an incumbent
local exchange carrier shall be capped at current basic local residential or
business rates.
(2) EXCEPTION- The cap under paragraph (1) does not include additional fees
and charges that may be imposed to cover expenses related tOn
(A) subscriber line and universal service charges; and
(B) other similar taxes and fees.
(3) ANNUAL ADJUSTMENT- After January 1, 2010, BTS rate caps may be
adjusted annually by the incumbent local exchange carrier by an amount not
to exceed any adjustment in the Consumer Price Index.
(c) Expansion of BTS- An incumbent local exchange carrier or an ETC may expand
or modify the services it provides in its BTS offering, if such expansion or
modification results in a BTS offering that is equal or more favorable to consumers.
(d) BTS Technology-
(1) IN GENERAL- An incumbent local exchange carrier or an ETC may
determine the technology it uses to meet its BTS obligations under this
Agenda Item No. 16A8
March 28, 2006
Page 15 of 85
section, if such technology does not alter the rates, terms, and conditions for
a BTS offering required under subsection (b).
(2) EQUAL ACCESS NOT REQUIRED- Notwithstanding any other provision of
this Act or any other provision of law, a BTS offering may not require equal
access to long distance, if the incumbent local exchange carrier or an ETC is
offering BTS through a communications technology that does not support
equal access as of the date of enactment of this Act.
(e) Termination of Bts- If a consumer purchases any service, capability, or function
in addition to a BTS offering, the resulting offering shall notu
(1) be deemed to be a BTS offering; and
(2) be subject to the requirements of subsection (a).
(f) Carrier of Last Resort Obligations- Any carrier of last resort obligation under the
Communications Act of 1934 (47 U.S.c. 151 et seq.) or any equivalent State law,
regulation, or order shall be satisfied, subject to the exceptions provided in such
section, by the ubiquitous availability of BTS to all consumers in a service territory.
SEC. 6. FEDERAL QUALITY STANDARDS.
(a) Quality Standards- The Commission, taking into consideration that different
technologies can potentially be used to provide BTS service and that such
technologies may have different performance characteristics than a public switched
telephone network, shall establish Federal quality standards for BTS service relatin~
tou
(1) reasonable uptime;
(2) installation intervals;
(3) repair intervals; and
(4) suitable voice quality.
(b) Additional Standards- The Commission shall establish reasonable maximum
intervals for the performance of different classes of incumbent local exchange
carriers.
(c) Enforcement-
(1) IN GENERAL- Notwithstanding any other provision of this Act, a State
commission shall have the authority to enforce the Federal quality standards
established under subsections (a) and (b).
(2) LIMITATION-
(A) IN GENERAL- The regulatory power granted to a State commission
under this subsection shall apply only to the enforcement of the Federal
standards under subsections (a) and (b).
(B) PENALTIES- Any penalties assessed by a State commission for
violations of the standards established under subsections (a) and (b)
shall be limited to those provided for in paragraph (4).
(3) LIMITATION ON CLASS ACTIONS- No class action alleging a violation of
the standards under subsection (a) and (b) shall be maintained under this
subsection by an individual or any private party in Federal or State court.
Agenda Item No. 16A8
March 28,2006
Page 16 of 85
(4) PENALTIES-
(A) IN GENERAL- Notwithstanding any other provision of this Act, any
ETC or incumbent local exchange carrier that violates the standards
established under subsections (a) and (b) shall be subject to a civil
penalty not to exceed $50 per household for the first violation.
(B) SUBSEQUENT VIOLATIONS- Subsequent violations by any ETC or
incumbent local exchange carrier of the standards established under
subsections (a) and (b) shall increase at intervals of $50 per violation
per household up to a maximum of $500.
(C) ANNUAL ADJUSTMENT- The amount of penalties provided under this
section shall be adjusted annually by an amount equal to any
adjustment in the Consumer Price Index.
(D) PENALTY TO BE PAID TO CONSUMERS-
(i) IN GENERAL- All penalties collected under authority of this
section shall be paid to consumers that are directly affected by the
failure to comply with the standards established under subsections
(a) and (b).
(ii) EXCLUSIVE REMEDY- The penalties established under
authority of this section shall be the exclusive remedy for failure
to comply with the standards established under subsections (a)
and (b).
(d) Commission to Act if State Commission Will Not Act- If a State commission fails
to carry out its enforcement responsibilities under subsection (c), the Commission
shalln
(1) issue an order preempting the jurisdiction of the State commission; and
(2) assume exclusive enforcement authority.
(e) Lifeline Assistance- Nothing in this section shall affect the collection, distribution,
or administration of the Lifeline Assistance Program provided for by the Commission
under regulations set forth in section 69.117 of title 47, Code of Federal
Regulations, and other related sections of such title.
SEC. 7. CONSUMER ACCESS TO CONTENT AND APPLICATIONS.
( a) Access-
(1) IN GENERAL- A consumer may not be denied access to any content
provided over facilities used to provide broadband communications service
and a broadband service provider shall not willfully and knowingly block
access to such content by a subscriber, unless--
(A) such content is determined to be illegal;
(B) such denial is expressly authorized by Federal or State law; or
(C) such access is inconsistent with the terms of the service plan of such
consumer including applicable bandwidth capacity or quality of service
constraints.
Agenda Item No. 16A8
March 28, 2006
Page 17 of 85
(2) CUSTOMIZED CONTENT - A broadband communications service provider
may offer to a consumer a customized plan developed through such service
providers network or commercial arrangements with providers of content,
applications, and other service components to differentiate--
(A) access to content;
(B) the availability of applications; and
(C) the character of service components available.
(3) NON-CUSTOMIZED CONTENT- Nothing in subsection (a) shall adversely
affect the performance of non-customized consumer access to content,
services, and applications offered by the competitors of a broadband service
provider.
(b) Enforcement of Access Violations-
(1) IN GENERAL- The Commission may take such enforcement action as it
may prescribe by rule, if the Commission determines that a broadband
communications service provider intentionally restricted access to any content
described in subsection (a)(1).
(2) EXCEPTION- A broadband communications service provider may not be in
violation of subsection (a), if such service provider does not interrupt or block
access to any content described in subsection (a)(1) when--
(A) performing network--
(i) optimization or management;
(ii) security; or
(iii) prioritization;
(B) performing other measures to ensure network security and
integrity; or
(C) attempting to prevent unlawful conduct.
(c) Parental Controls- Nothing in this section shall be construed to prohibit--
(1) any communications service provider from offering a service that allows a
consumer to block display of programs with a common rating; and
(2) a provider of mobile services from offering or providing access only to a
family friendly service to a subscriber.
(d) Connectivity of Devices- Except as provided in this section, a broadband service
provider shall not prevent any person from utilizing equipment and devices in
connection with lawful content or applications.
(e) Access to VoIP Applications- Nothing in subsection (a) shall permit a broadband
service provider to prevent a customer from using voice over Internet Protocol
applications offered by a competitor.
SEC. 8. REGULATORY AUTHORITY OF THE COMMISSION.
(a) Federal Policy- The Commission shall, with respect to communication service
providers, develop rules and regulations regarding--
(1) automatic dialing, telephone solicitation, slamming, cramming, E911,
obscene and harassing telephone calls;
Agenda Item No. 16A8
March 28, 2006
Page 18 of 85
(2) billing disputes;
(3) the use, sale, and distribution of consumer proprietary network
information; and
(4) access for persons with disabilities, includingn
(A) the hearing impaired; and
(B) the speech impaired.
(b) Commission Rules-
(1) IN GENERAL- In developing the rules required under subsection (a), the
Commission shall take into account the technical limitations of the technology
used by communications service providers.
(2) TIMING- Not later than 120 days after the date of enactment of this Act,
the Commission shall establish the rules required under subsection (a), and
until such rules become effective, the requirements of Federal law, including
all prior Commission rules and orders in effect on the date of enactment of
this Act relating to the matters described in subsection (a) shalln
(A) remain in effect; and
(B) be applicable to the matters described in subsection (a).
(c) Enforcement-
(1) STATE COMMISSION AUTHORITY- Notwithstanding any other provisions of
this Act, a State commission shall have authority to enforce the rules
established by the Commission pursuant to this section.
(2) LOCAL POINT OF CONTACT- Each State commission shall designate a local
point of contact, which residents of that State may contact to alert the State.
of any potential violations of the rules and regulations set forth under
subsection (a).
(3) LIMITATION ON CLASS ACTIONS- No class action alleging a violation of
the rules and regulations set forth under subsection (a) shall be maintained
under this subsection by an individual or any private party in Federal or State
co u rt.
(4) PARENS PATRIAE AUTHORITY- In any case in which a State commission
has reason to believe that an act or practice violates the rules and regulations
set forth under subsection (a), the State commission may bring a civil action
on behalf of the residents of that State in a district court of the United States
of appropriate jurisdiction, or any other court of competent jurisdiction, tOn
(A) enjoin the act or practice;
(6) obtain--
(i) damages in the sum of actual damages, restitution, or other
compensation on behalf of affected residents of the State; and
(ii) punitive damages, if the violation is willful or intentional; or
(C) obtain such other legal and equitable relief as the court may
consider to be appropriate.
(5) VENUE; SERVICE OF PROCESS-
(A) VENUE- Any action brought under this subsection may be brought in
the district court of the United States that meets applicable
Agenda Item No. 16A8
March 28, 2006
Page 19 of 85
requirements relating to venue under section 1931 of title 28, United
States Code.
(B) SERVICE OR PROCESS- In an action brought under this subsection,
process may be served in any district in which the defendant--
(i) is an inhabitant; or
(ii) may be found.
(d) Limitation of State Authority- Notwithstanding the provisions of this section,
States and State commissions shall have no authority to impose different or
additional interconnection or intercarrier compensation requirements on
communication service providers.
(e) Commission to Act if State Commission Will Not Act- If a State commission fails
to carry out its enforcement responsibilities under subsection (c), the Commission
shall--
(1) issue an order preempting the jurisdiction of the State commission; and
(2) assume exclusive enforcement authority.
SEC. 9. NETWORK INTERCONNECTION AND ACCESS REQUIREMENTS.
(a) Interconnection Arrangements-
(1) IN GENERAL- Facilities-based providers shall establish commercial
arrangements regarding the ability of such facilities-based providers to
interconnect with other facilities-based providers.
(2) SCOPE OF ARRANGEMENTS- The commercial arrangements described in
paragraph (1) shall establish the rates, terms, and conditions on which
facilities-based providers shall interconnect with other facilities-based
providers.
(3) EXEMPTION FROM REGULATION- Except as provided in subsections (b)
and (c), the commercial arrangements described in paragraph (1) may not be
subject to regulation by the Commission or by the States or State
commissions.
(b) Commission Intervention With Narrowband Communication Service Providers-
(1) IN GENERAL- Not later than 6 months after the date of enactment of this
Act, the Commission shall develop a regulatory framework governing
interconnection between facilities-based providers and narrowband
communication service providers.
(2) SCOPE OF REGULATORY FRAMEWORK- The regulatory framework
described in paragraph (1) shall apply only in connection with the termination
or origination of traffic on narrowband communication service providers
facilities.
(3) UNIFORM RATE STRUCTURE- The regulatory framework described in
paragraph (1)--
(A) shall establish a uniform rate structure governing interconnection
between facilities-based providers and narrowband communication
service providers;
Agenda Item No. 16A8
March 28, 2006
Page 20 of 85
(B) shall apply only in the event narrowband communication service
providers cannot agree on the rates, terms, and conditions of
interconnection between facilities-based providers and such narrowband
communication service providers; and
(C) may not require the Commission to use any particular rate-making
methodology in establishing the uniform rate structure required by this
paragraph.
(4) NO STATE AUTHORITY- No State or State commission may establish rates,
terms, or conditions governing interconnection between facilities-based
providers and narrowband communication service providers regardless of the
jurisdictional nature of the underlying traffic involved.
(5) CONTENTS OF FRAMEWORK- The regulatory framework described in
paragraph (1)--
(A) shall establish reasonable and equitable points of interconnection;
(B) shall facilitate narrowband communication service providers efforts
to innovate and introduce new services and packages of services to
consumers;
(C) shall eliminate arbitrage opportunities;
(D) shall eliminate intercarrier disputes over the rates, terms, and
conditions of direct interconnection; and
(E) may not unduly burden electronic commerce.
(c) Transiting Service-
(1) IN GENERAL- Transiting service providers shall establish commercial
arrangements with respect to transiting services.
(2) SCOPE OF ARRANGEMENTS- The commercial arrangements described in
paragraph (1) shall establish the rates, terms, and conditions for transiting
service.
(3) EXEMPTION FROM REGULATION- Except as provided in paragraphs (4)
and (5), the commercial arrangements described in paragraphs (1) and (2)
may not be subject to regulation by the Commission or by the States or State
commissions.
(4) COMMISSION INTERVENTION FOR TRANSITING SERVICE-
(A) ESTABLISHMENT OF REGULATORY FRAMEWORK- Not later than 6
months after the date of enactment of this Act, the Commission shall
develop a regulatory framework governing transiting service.
(B) APPLICABILITY OF REGULATORY FRAMEWORK- The regulatory
framework developed under subparagraph (A) shall apply only in the
event agreement cannot be reached on the rates, terms, and conditions
for transiting service pursuant to paragraphs (1) and (2).
(5) SCOPE OF REGULATORY FRAMEWORK- The regulatory framework
described in paragraph (4) shall establish the rates, terms, and conditions on
which facilities-based providers shall provide transiting service.
(6) NO COMPENSATION OBLIGATION- Transiting service providers shall have
no obligation to compensate any party to an indirect interconnection of
Agenda Item No. 16A8
March 28, 2006
Page 21 of 85
narrowband communications service providers for the delivery of any
transited traffic.
(d) Sunset of Regulatory Framework- The regulatory frameworks established under
subsections (b) and (c) shall terminate on the day occurring 5 years after the date
of enactment of this Act.
(e) Notice of Changes- A facilities-based provider of communications service shall
provide reasonable public notice of--
(1) changes in the information necessary for the transmission and routing of
communications service using such facilities-based provider of
communications service facilities or networks; and
(2) any other changes that would affect the interoperability of such facilities
and networks.
(f) Identification of Traffic- Any party seeking to use a facilities-based provider of
communications service network to route their traffic through another facilities-
based provider of communications service shall, to the extent technically feasible
and in a manner consistent with applicable industry standards, identify--
(1) such traffic; and
(2) the origin of such traffic.
(g) Equal Access- Nothing in this Act shall require any communications service
provider, or any other person, that was not required on the date of enactment of
this Act to provide equal access to common carriers for the provision of telephone
toll services to provide such equal access.
SEC. 10. UNBUNDLED ACCESS TO COPPER LOOPS, PHYSICAL
COLLOCATION, AND RESALE.
(a) Incumbent Local Exchange Carrier Obligations-
(1) UNBUNDLED ACCESS-
(A) IN GENERAL- An incumbent local exchange carrier shall provide
unbundled access to copper local loops on commercially reasonable
rates, terms, and conditions.
(8) COMMISSION TO RESOLVE DISPUTES- The Commission shall
resolve any disputes regarding unbundled access to copper loops as
described in subparagraph (A).
(C) EXEMPTION- Except as provided in subparagraph (A), no facilities-
based provider of communications service shall have any obligation to
provide unbundled access to any of its facilities, equipment, or support
systems, either individually or in combination.
(2) COLLOCATION-
(A) IN GENERAL- An incumbent local exchange carrier shall provide
physical collocation at the central office of such carrier for access to
unbundled copper loops.
(8) VIRTUAL COLLOCATION- If the physical collocation described in
subparagraph (A) is not practical for technical reasons or due to space
Agenda Item No. 16A8
March 28, 2006
Page 22 of 85
limitations, virtual collocation for access to unbundled copper loops shall
be required.
(3) RESALE-
(A) IN GENERAL- An incumbent local exchange carrier shall provide
resale of any local narrowband communications service that is subject to
regulation under this Act.
(B) RESALE RATE- The resale rate applicable to subparagraph (A) shall--
(i) be established by the Commission; and
(ii) equal the retail rate for such services less the costs actually
avoided.
(b) Sunset- The obligations established under subsection (a) shall terminate on
January 1, 2011.
(c) Report- Not later than January 1, 2009, the Commission shall submit to
Congress a detailed report, with recommendations, on whether the obligations
established under subsection (a) are in the public interest.
SEC. 11. NUMBER PORTABILITY.
(a) In General- All communications service providers that use numbers or the
successor system assigned by the North American Numbering Plan, or any such
successor entity, shall provide number portability to consumers.
(b) 5-DAY RULE- The Commission shall develop rules and regulations requiring that
numbers be ported in no more than 5 business days.
(c) Rulemaking Proceeding- The Commission may commence a rulemaking
proceeding if the Commission finds that excessive early cancellation fees charged by
communications service providers are hindering the ability of consumers to change
providers.
SEC. 12. SPECIAL PROVISIONS FOR 2-PERCENT CARRIERS.
(a) Opt In/Opt Out-
(1) IN GENERAL- Any 2-percent carrier may elect to continue to be subject to
Federal and State statutory and regulatory requirements as such
requirements existed on the date of enactment of this Act.
(2) STUDY AREA BASIS- The election under paragraph (1) may be made only
on a study area basis.
(b) Rural Exemption- If a communications service provider that is also a rural
telephone company, as that term is defined in section 3 of the Communications Act
of 1934 (47 U.S.c. 153), elects under subsection (a) to continue to be subject to
the regulatory requirements in existence on the date of enactment of this Act, such
communications service provider shall retain its rural exemption pursuant to section
251(f) of the Communications Act of 1934 (47 U.S.c. 251(f)).
Agenda Item No. 16A8
March 28, 2006
Page 23 of 85
(c) NECA Tariffs Unaffected- Nothing in this section precludes or affects any tariff
filed by the National Exchange Carrier Association, and any such tariff may continue
to include--
(1) all tariffed services in effect on the date of enactment of this Act; and
(2) any new service or modifications to existing service typically covered by
such tariffs.
(d) Negotiation Authority of NECA- For the purpose of conducting and concluding
commercial negotiations regarding interconnection arrangements, the National
Exchange Carrier Association is authorized to be the negotiating agent for any 2-
percent carrier wishing to use the National Exchange Carrier Association for such
purpose.
SEC. 13. VIDEO SERVICES.
(a) Video Service Providers- A video service provider may not be required--
(1) to obtain a State or local video franchise;
(2) to build out its video distribution system in any particular manner; or
(3) to provide leased or common carrier access to its video distribution
facilities and equipment to any other video service provider.
(b) State and Local Government Authority to Regulate-
(1) REASONABLE FEE-
(A) COMPENSATING LOCAL GOVERNMENTS-
(i) IN GENERAL- A State or local government may require a video
service provider to pay a reasonable video service fee on an
annual basis to the units of local government in which the video
service provider provides video service for the purpose of
compensating such local government for the costs that it incurs in
managing the public rights-of-way used by such provider.
(ii) AMOUNT OF FEE- The video service fee imposed under clause
(i) shall not exceed 5 percent of gross revenues.
(B) DEFINITION- For purposes of this paragraph, the term' gross
revenues'--
(i) means all consideration of any kind or nature received by a
video service provider from its subscribers for the provision of
video service within a municipality, including--
(1) cash;
(II) credits;
(III) property; and
(IV) in-kind contributions (services or goods); and
(ii) does not include--
(I) revenue not actually received, even if billed, including
bad debt;
Agenda Item No. 16A8
March 28, 2006
Page 24 of 85
(II) revenue received by any affiliate or any other person in
exchange for supplying goods or services used by a video
service provider to provide video service;
(III) refunds, rebates, or discounts provided to--
(aa) subscribers;
(bb) leased access providers;
(cc) advertisers; or
(dd) the municipality;
(IV) revenue from services not classified as video service,
including--
(aa) revenue received from telecommunications services;
(bb) revenue received from information services;
(cc) revenue received in connection with advertising;
(dd) revenue received in connection with home shopping services; or
(ee) any other revenue attributed by a video service provider to non-video service in
accordance with any applicable rules, regulations, standards, or orders;
(V) revenue paid by subscribers to home shopping
programmers directly from the sale of merchandise through
any home shopping channel offered as part of the video
service;
(VI) the sale of video service for resale in which the
purchaser of such service is required to collect a 5 percent
fee from the customer of such purchaser;
(VII) any tax of general applicabilityu
(aa) imposed upon a video service provider or upon subscribers by a Federal, State, city,
or any other governmental entity; and
(bb) required to be collected by a video service provider and remitted to the taxing entity,
including--
(AA) sales or use taxes;
(BS) gross receipts taxes;
Agenda Item No. 16A8
March 28, 2006
Page 25 of 85
(CC) excise taxes;
(DD) utility users taxes;
(EE) public service taxes;
(FF) communication taxes; and
(GG) the 5 percent fee described in subclause (VI);
(VIII) the provision of video service to public institutions,
public schools, or governmental entities at no charge;
(IX) any foregone revenue from the provision of free or
reduced-cost video service by a video service provider to
any person, including--
(aa) the municipality;
(bb) other public institutions; and
(cc) other institutions;
(X) sales of capital assets or sales of surplus equipment;
(XI) reimbursement by programmers of marketing costs
incurred by a video service provider for the introduction or
promotion of programming;
(XII) directory or Internet advertising revenue, including
revenue from--
(aa) yellow page sales;
(bb) white page sales;
(cc) banner advertisement; and
(dd) electronic publishing; and
(XIII) copyright fees paid to the United States Copyright
Office.
(2) RIGHTS-OF-WAY DISPUTES TO BE RESOLVED BY THE COMMISSION OR
FEDERAL COURTS- Any dispute regarding the application or amount of fees
charged under paragraph (1) shall, upon request of a local unit of government
or affected video service provider, be resolved--
(A) by the Commission; or
Agenda Item No. 16A8
March 28, 2006
Page 26 of 85
(B) by filing a claim in the district court of the United States that meets
applicable requirements relating to venue under section 1931 of title 28,
United States Code.
(3) STATE ADJUSTMENT OF FEES AND TAXES-
(A) IN GENERAL- A video service provider may petition the Commission
for a reduction of the fee paid by such provider under this subsection, if
a State adjusts the fees and taxes paid by communications service
providers or their customers for the pu rpose of--
(i) providing fairness;
(ii) equality of treatment; or
(iii) simplification of the fees and taxes of such providers relative
to each other or to other commercial and industrial tax payers in
general within such State.
(B) COMMISSION ACTION ON PETITION- The Commission shall act on
any petition described in subparagraph (A) not later than 60 days after
its receipt.
(C) GRANT OF PETITION- The Commission shall grant a petition
described in subparagraph (A) if and to the extent it determines that the
fees paid by a video service provider should be reduced in order to
achieve the purposes of fairness, equality of treatment, or simplification
described in subparagraph (A).
(4) FEE APPEARANCE ON SUBSCRIBER'S BILL- A video service provider may
designate that portion of a subscriber's bill attributable to a video service fee
as a separate item on the subscriber's bill.
(c) Applicability of Title VI of the Communications Act; Cable Act Provisions-
(1) OBLIGATIONS AND DUTIES- Any video service provider shall--
(A) not be subject to any provision of title VI of the Communications Act
of 1934 (47 U.s.c. 521 et seq.), except as otherwise provided in this
paragraph;
(B) be subject to the retransmission consent obligations of section
325(b) of the Communications Act of 1934 (47 U.S.c. 325(b));
(C) carry and determine the appropriate channel positioning and
grouping of, within each local franchise area, not more than 4 public,
educational, or governmental use channels as required under section
611 of such Act (47 U.S.c. 531);
(D) carry the signals of local commercial television stations as required
under section 614 of such Act (47 U.S.c. 534);
(E) carry the signals of local noncommercial educational television
stations as required under section 615 of such Act (47 U.S.c. 535);
(F) be subject to the regulation of carriage agreements under section
616 of such Act (47 U.S.c. 536);
(G) be subject to the requirements regarding obscene or indecent
programming under section 624(d)(2) of such Act (47 U.S.c.
544(d)(2));
Agenda Item No. 16A8
March 28, 2006
Page 27 of 85
(H) be entitled to the benefits and protections under section 624(f)(1) c.
such Act (47 U.S.c. 544(f)(1)) regarding the content of video service;
(1) be subject to the emergency information requirements under section
624(g) of such Act (47 U.s.c. 544(g));
(J) be subject to the consumer electronics equipment capability
requirements under section 624A of such Act (47 U.S.c. 545);
(K) be entitled to the benefits and protections under section 628 of such
Act (47 U.S.c. 548);
(L) be subject to the requirements under section 629 of such Act (47
U.S.c. 549);
(M) protect the personally identifiable information of its subscribers in
the same manner as is required of cable operators with respect to
subscribers to cable services under section 631 of such Act (47 U.S.c.
551);
(N) be entitled to the benefits and protections under section 633 of such
Act (47 U .S.c. 553);
(0) be subject to the equal employment provisions as required under
subsections (a) through (h) of section 634 of such Act (47 U.S.c. 554);
(P) be subject to criminal or civil liability under section 638 of such Act
(47 U.S.c. 558);
(Q) be subject to the penalties prescribed for the transmission of
obscene programming under section 639 of such Act (47 U.S.c. 559);
and
(R) be required to comply with the scrambling requirements under
section 640 of such Act (47 U.S.c. 560).
(2) DETERMINATIONS OF LOCAL SIGNALS- For purposes of complying with
subparagraphs (C) and (D) of paragraph (1), a video service provider shall
treat as local stations with respect to a customer located within the
jurisdiction of any franchising authority the same stations that are treated as
local television stations for a cable system located within such jurisdiction.
(3) IMPLEMENTATION-
(A) REGULATIONS REQUIRED- Not later than 120 days after the date of
enactment of this Act, the Commission shall prescribe regulations to
implement the requirements of paragraph (1) that are no greater or
lesser than the obligations required by the specifically referenced
provisions of the Communications Act of 1934 (47 U.S.c. 151 et seq.).
(8) EFFECTIVE DATE OF REGULATIONS- The regulations required under
subparagraph (A) shall take effect 6 months after the date of enactment
of this Act.
(4) EXISTING FRANCHISES-
(A) IN GENERAL- Any provision in any franchise granted by a
franchising authority that is inconsistent with the provisions of this Act
shall be deemed to be preempted and superseded.
Agenda Item No. 16A8
March 28, 2006
Page 28 of 85
(B) TREATMENT AS A VIDEO SERVICE PROVIDER- A cable operator
operating under the authority of any franchise described in
subparagraph (A) prior to the date of enactment of this Act shall be
treated as a video service provider under this Act.
(5) CABLE CHANNELS FOR PUBLIC, EDUCATIONAL, AND GOVERNMENTAL
USE- The governmental entity that was the franchising authority for a State or
a political subdivision of a State on the date of enactment of this Act, shall for
that State or political subdivision determine which public, educational, or
governmental entities shall be authorized to designate the channels required
under paragraph (l)(C).
(6) CONSUMER PROTECTION AND CUSTOMER SERVICE-
(A) REGULATIONS REQUIRED- Not later than 120 days after the date of
enactment of this Act, the Commission shall establish regulations with
respect to customer service and consumer protection requirements of
the video service provider.
(B) EFFECTIVE DATE OF REGULATIONS- The regulations required under
subparagraph (A) shall take effect 6 months after the date of enactment
of this Act.
(7) STATE COMMISSION AUTHORITY-
(A) IN GENERAL- Notwithstanding any other provision of this Act, a
State commission shall have the authority to enforce the requirements
of paragraph (6)(A).
(B) LOCAL POINT OF CONTACT-Each State commission shall designate
a local point of contact, which residents of such geographic area may
contact to alert such State commission of any potential violations of the
requirements and obligations established under paragraph (6)(A).
(C) LIMITATION ON CLASS ACTIONS- No class action alleging a violation
of the obligations set forth in the regulations established by the
Commission under paragraph (6)(A) shall be maintained under this
subsection by an individual or any private party in Federal or State
cou rt.
(D) PARENS PATRIAE AUTHORITY- In any case in which a State
commission has reason to believe that an act or practice violates the
obligations set forth in the regulations established by the Commission
under paragraph (6)(A), the State commission may bring a civil action
on behalf of the residents within its jurisdiction in a district court of the
United States of appropriate jurisdiction, or any other court of
competent jurisdiction, to--
(i) enjoin the act or practice;
(ii) obtain--
(1) damages in the sum of actual damages, restitution, or
other compensation on behalf of affected residents of the
State; and
Agenda Item No. 16A8
March 28, 2006
Page 29 of 85
(II) punitive damages, if the violation is willFul or
intentional; or
(iii) obtain such other legal and equitable relief as the court may
consider to be appropriate.
(E) VENUE; SERVICE OF PROCESS-
(i) VENUE- Any action brought under this paragraph may be
brought in the district court of the United States that meets
applicable requirements relating to venue under section 1931 of
title 28, United States Code.
(ii) SERVICE OR PROCESS- In an action brought under this
paragraph, process may be served in any district in which the
defendant--
(1) is an inhabitant; or
(II) may be found.
(F) LIMITATION- A State commission that is authorized to enforce the
requirements of paragraph (6) may not be authorized to impose
additional obligations beyond those established by the Commission in
paragraph (6)(A).
(d) Commission to Act if State Commission Will Not Act- If a State commission Fails
to carry out its enForcement responsibilities under subsection (c)(7), the
Commission shall--
(1) issue an order preempting the jurisdiction of the State commission; and
(2) assume exclusive enforcement authority.
(e) Ability to Manage Public Rights-oF-Way-
(1) IN GENERAL- Except as provided in this section, nothing in this Act shall
affect the authority of a State or local government to manage the public right-
of-way in a manner that is--
(A) non-discriminatory;
(B) competitively neutral; and
(C) consistent with applicable State law.
(2) CONSTRUCTION PERMITS-
(A) IN GENERAL- In managing the public rights-oF-way a State or local
government may require the issuance of a construction permit, without
cost, to a video service provider that is locating facilities in such public
right-oF-way.
(B) RESPONSE WORK OR REPAIR- IF there is an emergency
necessitating response work or repair in the public right-oF-way, a video
service provider may begin such work or repair without prior approval
From a State or local government, if such provider notiFies the State or
local government as promptly as possible after beginning such work or
repair.
(3) TIMELY ACTION REQUIRED- In managing the public rights-of-way a State
or local government that is required to issue permits or licenses for such use
shall be required to act upon any such request for use in a timely manner.
Agenda Item No. 16A8
March 28, 2006
Page 30 of 85
(4) NEW ROADS- Nothing in this section shall effect the ability of a State or
local government to impose reasonable limits on access to public rights-of-
way associated with newly constructed roads.
(f) Conforming Amendments to the Communications Act of 1934-
(1) POLE ATTACHMENTS- Section 224 of the Communications Act of 1934 (47
U.S.c. 224) is amendedn
(A) in subsection (a)(l), by striking' local exchange carrier' and
inserting 'telecommunications carrier';
(B) by striking subsections (a)(5) and (d)(3);
(C) in subsection (d)(3), in the first sentence by striking all after' cable
television system' through the period at the end and inserting' and
facilities of other video service providers, regardless of the nature of the
services provided.'; and
(D) by adding at the end the following:
, (j) Wireless Service Facility Exemption- Nothing in this section applies to a wireless
service facility, including to towers of a provider of mobile services.'.
(2) CARRIAGE OF LOCAL COMMERCIAL TELEVISION SIGNALS- Section
614(b)(4) of the Communications Act of 1934 (47 U.S.c. 534(b)(4)) is
amended to read as follows:
'(4) SIGNAL QUALITY-
'(A) NON-DEGRADATION- The signals of local commercial television
stations that a cable operator carries shall be carried without material
degradation.
, (B) CARRIAGE STANDARDS- The Commission shall adopt carriage
standards to ensure that, to the extent technically feasible, the quality
of signal processing and carriage provided by a cable system for the
carriage of local commercial television stations will be no less than that
provided by the system for carriage of any other type of broadcast local
commercial television signal when using the same transmission
technology.' .
(3) CARRIAGE OF NONCOMMERCIAL EDUCATIONAL TELEVISION- Section
615(g)(2) of the Communications Act of 1934 (47 U,S.c. 535(g)(2)) is
amended to read as follows--
, (2) BANDWITH AND TECHNICAL QUALITY- A cable operator shalln
, (A) provide each qualified local non-commercial television station
whose signal is carried in accordance with this section with bandwith
and technical capacity equivalent to that provided to commercial
television stations carried on the cable system when using the same
transmission technology; and
'(B) carry the signal of each qualified local non-commercial educated
television station without material degradation, I.
(4) DEVELOPMENT OF COMPETITION AND DIVERSITY IN VIDEO
PROGRAMMING DISTRIBUTION- Section 628 of the Communications Act of
1934 (47 U,S.c. 548) is amended to read as follows:
Agenda Item No. 16AS
March 2S, 2006
Page 31 of 85
"SEC. 628. DEVELOPMENT OF COMPETITION AND DIVERSITY IN VIDEO
PROGRAMMING DISTRIBUTION.
'(a) Purpose- The purpose of this section is--
, (1) to promote the public interest, convenience, and necessity by increasing
competition and diversity in the multichannel video programming market;
, (2) to increase the availability of MVPD programming and satellite broadcast
programming to persons in rural and other areas not currently able to receive
such programming; and
, (3) to spur the development of communications technologies.
'(b) Prohibition- It shall be unlawful for an MVPD, an MVPD programming vendor in
which an MVPD has an attributable interest, or a satellite broadcast programming
vendor to engage in unfair methods of competition or unfair or deceptive acts or
practices, the purpose or effect of which is to hinder significantly or to prevent any
MVPD from providing MVPD programming or satellite broadcast programming to
subscribers or consumers,
, (c) Regulations Required-
'(1) PROCEEDING REQUIRED- Not later than 180 days after the date of
enactment of the Broadband Investment and Consumer Choice Act, the
Commission shall prescribe regulations to specify particular conduct that is
prohibited by subsection (b), in order to promote--
, (A) the public interest, convenience, and necessity by increasing
competition and diversity in the multichannel video programming
market; and
'(6) the continuing development of communications technologies,
'(2) MINIMUM CONTENTS OF REGULATION- The regulations required under
paragraph (1) shalln
, (A) establish effective safeguards to prevent an MVPD which has an
attributable interest in an MVPD programming vendor or a satellite
broadcast programming vendor from unduly or improperly influencing
the decision of such vendor to sell, or the prices, terms, and conditions
of sale of, MVPD programming or satellite broadcast programming to
any unaffiliated MVPD;
'(6) prohibit discrimination by an MVPD programming vendor in which
an MVPD has an attributable interest or by a satellite broadcast
programming vendor in the prices, terms, and conditions of sale or
delivery of MVPD programming or satellite broadcast programming
among or between cable systems, cable operators, or other MVPDs, or
their agents or buying groups, except that an MVPD programming
vendor in which an MVPD has an attributable interest or such a satellite
broadcast programming vendor shall not be prohibited from--
, (i) imposing reasonable requirements for--
, (I) creditworthiness;
, (II) offering of service; and
Agenda Item No. 16AS
March 2S, 2006
Page 32 of 85
, (III) financial stability and standards regarding character
and technical quality;
, (ii) establishing different prices, terms, and conditions to take
into account actual and reasonable differences in the cost of
creation, sale, delivery, or transmission of MVPD programming or
satellite broadcast programming;
, (iii) establishing different prices, terms, and conditions which
take into account economies of scale, cost savings, or other direct
and legitimate economic benefits reasonably attributable to the
number of subscribers served by the distributor; or
, (iv) entering into an exclusive contract that is permitted under
subparagraph (D);
, (C) prohibit practices, understandings, arrangements, and activities,
including exclusive contracts for MVPD programming or satellite
broadcast programming between an MVPD and an MVPD programming
vendor or satellite broadcast programming vendor, that prevent an
MVPD from obtaining such programming from any MVPD programming
vendor in which an MVPD has an attributable interest or any satellite
broadcast programming vendor in which an MVPD has an attributable
interest for distribution to persons in areas not served by an MVPD as of
the date of enactment of the Broadband Investment and Consumer
Choice Act; and
, (D) with respect to distribution to persons in areas served by an MVPD,
prohibit exclusive contracts for MVPD programming or satellite
broadcast programming between an MVPD and an MVPD programming
vendor in which an MVPD has an attributable interest or a satellite
broadcast programming vendor in which an MVPD has an attributable
interest, unless the Commission determines (in accordance with
paragraph (4)) that such contract is in the public interest.
, (3) LIMITATIONS-
, (A) GEOGRAPHIC LIMITATIONS- Nothing in this section shall require
any person who is engaged in the national or regional distribution of
video programming to make such programming available in any
geographic area beyond which such programming has been authorized
or licensed for distribution.
, (B) APPLICABILITY TO SATELLITE RETRANSMISSIONS- Nothing in this
section shall apply--
, (i) to the signal of any broadcast affiliate of a national television
network or other television signal that is retransmitted by satellite
but that is not satellite broadcast programming; or
, (ii) to any internal satellite communication of any broadcast
network or cable network that is not satellite broadcast
programming.
Agenda Item No. 16A8
March 28, 2006
Page 33 of 85
, (C) EXCLUSION OF INDIVIDUAL VIDEO PROGRAMS- Nothing in this
section shall apply to a specific individual video program produced by an
MVPD for local distribution by that MVPD and not made available directly
or indirectly to unaffiliated MVPDs, if--
, (i) all other video programming carried on a programming
channel or network on which the individual video program is
carried, is made available to unaffiliated MVPDs pursuant to
paragraph (2)(D); and
'(ii) such specific individual video program is not the transmission
of a sporting event.
, (D) MVPD SPORTS PROGRAMMING- The prohibition set forth in
paragraph (2)(D), and the rules adopted by the Commission pursuant to
that paragraph, shall apply to any MVPD programming that includes the
transmission of live sporting events, irrespective of whether an MVPD
has an attributable interest in the MVPD programming vendor engaged
in the production, creation, or wholesale distribution of such MVPD
programming,
'(4) PUBLIC INTEREST DETERMINATIONS ON EXCLUSIVE CONTACTS- In
determining whether an exclusive contract is in the public interest for
purposes of paragraph (2)(D), the Commission shall consider with respect to
the effect of such contract on the distribution of video programming in areas
that are served by an MVPD--
, (A) the effect of such exclusive contract on the development of
competition in local and national multichannel video programming
distribution markets;
, (B) the effect of such exclusive contract on competition from
multichannel video programming distribution technologies other than
cable;
, (C) the effect of such exclusive contract on the attraction of capital
investment in the production and distribution of new MVPD
programming;
, (D) the effect of such exclusive contract on diversity of programming
in the multichannel video programming distribution market; and
, (E) the duration of the exclusive contract,
, (5) SUNSET PROVISION- The prohibition required by paragraph (2)(D) shall
cease to be effective 10 years after the date of enactment of the Broadband
Investment and Consumer Choice Act, unless the Commission finds, in a
proceeding conducted during the last year of such 10-year period, that such
prohibition continues to be necessary to preserve and protect competition and
diversity in the distribution of video programming.
, (d) Adjudicatory Proceeding-
'(1) IN GENERAL- An MVPD aggrieved by conduct that it alleges constitutes a
violation of subsection (b), or the regulations of the Commission under
Agenda Item No. 16AS
March 28, 2006
Page 34 of 85
subsection (c), may commence an adjudicatory proceeding at the
Commission.
, (2) REQUEST FOR PRODUCTION OF AGREEMENTS- In any proceeding
initiated under paragraph (1), the Commission shall request from a party, and
the party shall produce, such agreements between the party and a third party
relating to the distribution of MVPD programming that the Commission
believes to be relevant to its decision regarding the matters at issue in such
adjudicatory proceeding.
, (3) CONFIDENTIALITY TO BE MAINTAINED- The production of any
agreement under paragraph (2) and its use in a Commission decision in the
adjudicatory proceeding under paragraph (1) shall be subject to such
provisions ensuring confidentiality as the Commission may by regulation
determine,
'(e) Remedies for Violations-
, (1) REMEDIES AUTHORIZED- Upon completion of an adjudicatory proceeding
under subsection (d), the Commission shall have the power to order
appropriate remedies, including, if necessary, the power to establish prices,
terms, and conditions of sale of programming to an aggrieved MVPD.
, (2) ADDITIONAL REMEDIES- The remedies provided under paragraph (1) are
in addition to any remedy available to an MVPD under title V or any other
provision of this Act.
, (f) Procedures-
'(1) IN GENERAL- The Commission shall prescribe regulations to implement
this section,
, (2) CONTENT OF REGULATIONS- The regulations required under paragraph
(1) shall--
, (A) provide for an expedited review of any complaints made pursuant
to this section, including the issuance of a final order terminating such
review not later than 120 days after the date on which the complaint
was filed;
, (B) establish procedures for the Commission to collect such data as the
Commission requires to carry out this section, including the right to
obtain copies of all contracts and documents reflecting arrangements
and understandings alleged to violate this section; and
'(C) provide for penalties to be assessed against any person filing a
frivolous complaint pursuant to this section.
, Cg) Reports- The Commission shall, beginning not later than 18 months after
promulgation of the regulations required by subsection (c), annually report to
Congress on the status of competition in the market for the delivery of video
programming.
, (h) Exemptions for Prior Contracts-
'(1) IN GENERAL- Nothing in this section shall affect--
Agenda Item No. 16A8
March 28, 2006
Page 35 of 85
, (A) any contract that grants exclusive distribution rights to any person
with respect to satellite cable programming and that was entered into
on or before June 1, 1990; or
, (B) any contract that grants exclusive distribution rights to any person
with respect to MVPD programming that is not satellite cable
programming and that was entered into on or before July 1, 2003,
except that the provisions of subsection (c)(2)(C) shall apply for
distribution to persons in areas not served by an MVPD.
, (2) LIMITATION ON RENEWALS-
'(A) SATELLITE CABLE PROGRAMMING CONTRACTS- A contract
pertaining to satellite cable programming or satellite broadcast
programming that was entered into on or before June 1, 1990, but that
is renewed or extended after the date of enactment of the Broadband
Investment and Consumer Choice Act shall not be exempt under
paragraph (1).
, (B) MVPD PROGRAMMING CONTRACTS- A contract pertaining to MVPD
programming that is not satellite cable programming that was entered
into on or before July 1, 2003, but that is renewed or extended after the
date of enactment of the Broadband Investment and Consumer Choice
Act shall not be exempt under paragraph (1),
'(i) Definitions- As used in this section:
'(1) MVPD- The term' MVPD' means multichannel video programming
distributor.
'(2) MVPD PROGRAMMING- The term' MVPD programming' includes the
following:
, (A) DIRECT RECEIPT- Video programming primarily intended for the
direct receipt by MVPDs for their retransmission to MVPD subscribers
(including any ancillary data transmission),
, (B) ADDITIONAL PROGRAMMING-
'(i) IN GENERAL- Additional types of programming content that
the Commission determines in a rulemaking proceeding to be
completed not later than 120 days from the date of enactment of
the Broadband Investment and Consumer Choice Act, as of the
time of such rulemaking, of a type that is--
, (I) primarily intended for the direct receipt by MVPDs for
their retransmission to MVPD subscribers, regardless of
whether such programming content is--
, (aa) digital or analog;
, (bb) compressed or uncompressed;
, (cc) encrypted or unencrypted; or
Agenda Item No. 16A8
March 28, 2006
Page 36 of 85
'(dd) provided on a serial, pay-per-view, or on demand basis; and
, (II) without regard to the end user device used to access
such programming or the mode of delivery of such
programming content to MVPDs,
, (ii) CONSIDERATIONS- In making the determination under
clause (i), the Commission shall consider the effect of technologies
and services that combine different forms of content so that
certain content or programming is not included within the
meaning of MVPD programming solely because it is integrated
with other content that is of a type that is primarily intended for
the direct receipt by MVPDs for their retransmission to MVPD
subscribers.
, (iii) MODIFICATION OF PROGRAMMING DEFINED AS MVPD
PROGRAMMING- At any time after 3 years following the conclusion
of the rulemaking proceeding required under clause (ii), any
interested MVPD or MVPD programming vendor may petition the
Commission to modify the types of additional programming
content included by the Commission within the definition of MVPD
programming in light of--
, (I) the purpose of this section;
, (II) market conditions at the time of such petition; and
, (III) the factors to be considered by the Commission under
clause (ii).
'(3) MVPD PROGRAMMING VENDOR- The term' MVPD programming vendor'--
, (A) means a person engaged in the production, creation, or wholesale
distribution for sale of MVPD programming; and
, (B) does not include a satellite broadcast programming vendor.
'(4) SATELLITE BROADCAST PROGRAMMING- The term' satellite broadcast
programming' means broadcast video programming when--
, (A) such programming is retransmitted by satellite; and
, (B) the entity retransmitting such programming is not the broadcaster
or an entity performing such retransmission on behalf of and with the
specific consent of the broadcaster.
, (5) SATELLITE BROADCAST PROGRAMMING VENDOR- The term' satellite
broadcast programming vendor' means a fixed service satellite carrier that
provides service pursuant to section 119 of title 17, United States Code, with
respect to satellite broadcast programming.
, (6) SATELLITE CABLE PROGRAMMING- The term' satellite cable
programming' has the same meaning as in section 705, except that such term
does not include satellite broadcast programming,
, (7) SATELLITE CABLE PROGRAMMING VENDOR- The term' satellite cable
programming vendor'--
Agenda Item No. 16AS
March 2S, 2006
Page 37 of 85
, (A) means a person engaged in the production, creation, or wholesale
distribution for sale of satellite cable programming; and
, (B) does not include a satellite broadcast programming vendor.
, (j) Common Carriers-
'(1) IN GENERAL- Any provision that applies to an MVPD under this section
shall apply to a common carrier or its affiliate that provides video
programming by any means directly to subscribers.
, (2) ATTRIBUTABLE INTEREST- Any provision that applies to an MVPD
programming vendor in which an MVPD has an attributable interest shall apply
to any MVPD programming vendor in which such common carrier has an
attributable interest,
, (3) LIMITATION- For the purposes of this subsection, 2 or fewer common
officers or directors shall not by itself establish an attributable interest by a
common carrier in an MVPD programming vendor (or its parent company),',
(5) REGULATIONS REQUIRED- Not later than 180 days after the date of
enactment of this Act, the Commission shall prescribe such regulations as may
be necessary to implement the amendments made by this section.
(g) Rulemaking on Section 629- Not later than January 1, 2008, the Commission
shall conduct a proceeding to determine the appropriateness of the requirements
under subsection (c)(l)(L) taking into account changes and advancements in
technology,
SEC. 14. COPYRIGHT LIMITATIONS ON EXCLUSIVE RIGHTS VIDEO
SERVICE PROVIDERS.
Section 111 of title 17, United States Code, shall for purposes of this Act be deemed
to extend to any secondary transmission, as that term is defined in section 111,
made by a video service provider.
SEC. 15. MUNICIPALLY OWNED NETWORKS.
(a) Protection Against Undue Government Competition With Private Sector- Any
State or local government seeking to provide communications service shall--
(1) provide conspicuous notice of the proposed scope of the communications
service to be provided, including--
(A) cost;
(B) services to be provided;
(C) coverage area;
(D) terms; and
(E) architecture; and
(2) give a detailed accounting of all proposed accommodations that such
government owned communications service would enjoy, including--
(A) any free or below cost rights-of-way;
(B) any beneficial or preferential tax treatment;
Agenda Item No. 16AS
March 28, 2006
Page 38 of 85
(C) bonds, grants, or other source of funding unavailable to non-
governmental entities; and
(D) land, space in buildings, or other considerations.
(b) Open Bids Must Be Made Available for Non-Governmental Entities- Not later than
90 days after posting of the notice required under subsection (a)(l), a non-
governmental entity shall have the option of participating in an open bidding
process conducted by a neutral third party to provide such communications service
on the same terms, conditions, financing, rights-of- way, land, space, and
accommodations as secured by the State or local government.
(c) Preference for Non-Governmental Entities- In the event of identical bids under
subsection (b), the neutral third party conducting the bidding process shall give
preference to a non-governmental entity.
(d) Open Access to Non-Governmental Entities- If a State or local government wins
the bid under subsection (b), a non-governmental entity shall have the ability to
place facilities in the same conduit, trenches, and locations as the State or local
government for concurrent or future use under the same conditions secured by the
State or local government.
(e) Grandfather Clause- A State or local government providing communications
service as of the date of enactment of this Act shall be exempt from this section,
unless such State or local government--
(1) substantially enters into new lines of business; or
(2) substantially expands it communications service beyond its current service
area, as such service area existed upon the date of enactment of this Act.
END
THOMAS Home I Contact I Accessibility I Leoal I ELrstGov
Agenda Item No. 16AS
March 2S, 2006
Page 39 of 85
Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the matter of
)
)
)
)
)
)
)
MB Docket No, 05-311
Implementation of Section 621 (a)(l) ofthe Cable
Communications Policy Act of 1984 as amended
by the Cable Television Consumer Protection and
Competition Act of 1992
COMMENTS OF THE NATIONAL ASSOCIATION
OF TELECOMMUNICATIONS OFFICERS AND ADVISORS,
THE NATIONAL LEAGUE OF CITIES,
THE NATIONAL ASSOCIATION OF COUNTIES,
THE U.S. CONFERENCE OF MAYORS,
THE ALLIANCE FOR COMMUNITY MEDIA,
AND THE ALLIANCE FOR COMMUNICATIONS DEMOCRACY
James N. Horwood
Tillman L. Lay
Ruben D. Gomez
SPIEGEL & McDIARMID
1333 New Hampshire Avenue, N,W.
Second Floor
Washington, D.C. 20036
(202) 879-4000
Counsel for NA TOA et al.
Dated: February 13, 2006
NATOA et al.
February 13,2006
Agenda Item No. 16AS
March 2S, 2006
Page 40 of 85
TABLE OF CONTENTS
SUMMARy........ ............. ..... ...... ........... ....... ....... .... .................. ...... .............. ..... ....... .............. iii
INTR 0 D U CTI ON.. ............. ................. ............. ........................ ..... ........ ...... ..... ..... ... ...............3
I. THE COMMISSION LACKS LEGAL AUTHORITY TO CONSTRUE OR
ENFORCE SECTI ON 621 (a )(1). ....... ...........................................................................4
A. Section 635(a) Gives Jurisdiction Over Section 621(a)(1) To The Courts,
Not The FCC. ....... ................................. .......................................... .................... 5
1. The NPRM's Claim of Legal Authority To Implement
Section 621(a)(1) Ignores The Plain Language of Title VI. ....................... 5
B. The Relevant Legislative Histories Indicate That Section 621 (a)(1)
Jurisdiction Rests With The Courts. ...................................................................12
I. The 1984 A ct. ...................,..................................................................... 13
2. The 1992 Act. .................................................. ............................. .......... 14
C, Contrary To The NPRM's Suggestion, City Of Chicago Lends No
Support To The Claim That FCC Has Section 621(a)(1) Jurisdiction. ................16
D, The NP RM Erroneously Invokes Non-Title VI Sources Of Authority
To Assert Section 62 I (a)(1) Jurisdiction, ........................................................... 17
1. Section 1 and Section 4(i) Authority....................................................... 18
2. Section 706 Authority. ............................................,........,..................... 19
II. EVEN IF THE FCC HAD JURISDICTION, CHEVRON DEFERENCE
WOULD NOT APPLY TO ITS CONSTRUCTION OF
SECTION 621 (a )(1 )................ ........................... ........................ .................................. 20
III. THERE IS NO CREDIBLE EVIDENCE THAT LFAs HAVE
UNREASONABL Y REFUSED TO GRANT COMPETITIVE FRANCHISES.......21
A. The Dearth of Precedent in the Fourteen Years Since Section 621(a)(1) Was
Amended Strongly Indicates That There Is No Significant Problem JustifYing
FCC Action. ..................................................,................................................... 22
B. The Telecommunications Act Of 1996 Gave ILECs - and More
Particularly, The RBOCs - Four Different Ways To Enter The Multichannel
Video Market, Yet For Most Of The Past Ten Years, The RBOCs Have Done
Little, If Anything, To Exploit That Opportunity................................................ 24
NA TOA et al.
February 13,2006
Agenda Item No. 16A8
March 28, 2006
Page 41 of 85
C. A Franchise Is A Contract That The Cable Act Requires To Be Responsive
To Local Cable-Related Community Needs And Interests, Not A Form
Nationwide Contract, Which Is What The RBOCs Appear To Demand. ............26
IV. THE NPRM'S PROPOSED RULES ARE BEYOND THE FCC'S
AUTHORITY TO ADOPT AND WOULD BE ARBITRARY
AND CAPRI CI 0 U S. ............... ................. ................... ........ ........................................30
A. Section 621(a)(1) Prohibits Only The Denial of A Competitive Franchise.......... 30
B. The NPRM Correctly Recognizes The Important Public Policy Goals
Of Sections 621 (a)(3), 621 (a)( 4 )(A) And 621 (a)( 4 )(B)...... ........... ..... ... .............. 32
1, Franchise Buildout Requirements, ....,..................................................... 32
2. Franchise PEG and I-Net Requirements...........................,................,...,. 34
C. The FCC Has No Authority To Adopt Rules Or Best Practices Concerning'
Section 621 (a)( 1). .............. ........................... ......... ........... ..........,..... ................. 35
D, That A Franchise Applicant May Already Be In The Rights-Of- Way Does Not
Change The Cable Act Requirement That A Cable Operator Must Satisfy Local
Cable-Related Needs And Interests. ................................................................... 37
CON CL USI ON .. ............. ... ................ ................ ..................... ........................................ ........ 39
11
NA TOA et al.
February 13,2006
Agenda Item No. 16A8
March 28, 2006
Page 42 of 85
SUMMARY
While the FCC may have a useful role to play by gathering data about local franchising,
Title VI gives the Commission no authority to adopt rules to implement S 62 1 (a)(l) or to
adjudicate disputes arising under S 621(a)(l). Rather, the language of s621(a)(I) and S 635(a)
makes plain that Congress gave authority over S 621 (a)(l) to the courts, not the FCC. Moreover,
even if the FCC had authority to interpret or enforce S 621 (a)(l), its jurisdiction would at most
be concurrent with that ofthe courts; thus the Commission's interpretation of S 62 1 (a)(l) would
be entitled to no deference by the courts.
The cable franchising process is inherently local and fact-specific, because the Cable Act
decrees that cable franchises must ensure that "cable systems are responsive to the needs and
interests ofthe local community," 47 U,S.c. S 521(2), A "one-size-fits-all" approach is
antithetical to what Congress envisioned the cable franchising process to be, and Congress'
decision was a wise one, But regardless whether the FCC or industry agrees, the Commission is
powerless to alter the local, community-specific approach to cable franchising that Congress
endorsed in the Cable Act.
LF As nationwide welcome competition and are eager to issue additional franchises to
compete with incumbent cable operators. The evidence supporting this conclusion is rather
comprehensive on a nationwide scale (the only scale that should be of any relevance to the FCC
here) ,
The conclusion that LFAs have embraced the policy behind S 621(a)(l) is further
supported by the remarkable dearth of reported precedent concerning S 621(a)(1) in general, and
its "unreasonable refusal" provision in particular, in the nearly fourteen years since it was
111
NATOA et al.
February 13,2006
Agenda Item No. 16AS
March 2S, 2006
Page 43 of 85
enacted. Thus, the NPRMs proposal to adopt rules implementing 9 621(a)(1) is a solution in
search of a problem.
LF A franchising decisions are made by elected legislative bodies - city councils, county
councils and commissions, and town councils. The Commission can rest assured that LFAs'
constituents want cable competition. That is a far more effective, and democratic, check on
unreasonable refusals to award competitive franchises than any FCC rules could ever provide.
A principal moving force behind the NPRM appears to be complaints to the FCC by
AT &T (formerly SBe), Verizon and other RBOCs about the supposed difficulties they claim to
have encountered in the local franchising process. While we welcome the RBOCs' belated
interest in finally entering the market to compete with incumbent cable operators, the
Commission should not be misled by attempts to shift blame to LF As for delays resulting from
the RBOCs' own business decisions.
The 1996 Act repealed the telephone-cable crossownership prohibition and gave the
RBOCs (and other ILECs) not one, but four different means to enter the multichannel video
market. Yet, for eight or more of the nearly ten years since the 1996 Act was passed, the
RBOCs, and especially AT&T and Verizon, made no serious effort to enter the multichannel
video market as a cable operator, a video common carrier or an open video system operator,
AT &T (in its former incarnation as SBC), not only did not pursue entry into the cable market,
but took affirmative steps to exit that market. Although RBOCs such as Verizon and AT&T
were certainly free to make their own business decisions not to enter (or to exit) the cable market
despite the invitation Congress gave them in the 1996 Act, they are not free - or at least certainly
should not be free - to turn around and blame LF As and the local franchising process for the
IV
NATOA et al.
February 13,2006
Agenda Item No. 16AS
March 28, 2006
Page 44 of 85
consequences of their own business decisions to delay entry into (and in AT&T's case, to exit)
the market.
The short answer to the NPRMs question, "should cable servIce requirements vary
greatly from jurisdiction to jurisdiction?," is "yes." Indeed, not only should such requirements
vary, the Cable Act decrees that they must vary, for the Act is built on the principle that cable
systems must be "responsive to the needs and interests of the local community."
The RBOCs' complaint about how long it supposedly takes to obtain a franchise rests on
mischaracterizations and willful balking at the locally-oriented nature of cable franchising that
the Cable Act requires. AT&T is in no position to complain about the length of the franchising
process. It has never bothered to try. Verizon, unlike AT&T, has sought franchises. We have
no doubt that Verizon (and any other newcomer) would be able to obtain local franchises almost
as quickly as it wants (and certainly faster than Verizon and AT&T have to date been able to
provide cable service on a commercial basis in the markets they seek to enter) if the new
provider were willing to agree to franchise terms comparable to those imposed on the incumbent
cable operator,
Thus, the issue is not whether LF As are eager to grant competitive franchises; LF As
unquestionably are. The issue is how willing parties like Verizon are to agree to franchise terms
that are, as the Cable Act requires, responsive to local community cable-related needs and
interest. Verizon's complaints about supposed "delay" in the franchising process are thus, in
many respects, really a complaint about the local community needs-based model of franchising
that is one of the cornerstones of the Cable Act. The FCC should not, and cannot, rewrite the
Cable Act to suit industry's preferences.
v
NATOA et al.
February 13,2006
Agenda Item No. 16AS
March 2S, 2006
Page 45 of 85
The S 621(a)(3) prohibition on red-lining and the S 621(a)(4)(A) requirement of a
reasonable time to build out a cable system embody the Cable Act's policy of encouraging cable
system buildout. And it is a policy that has served the nation well, Cable modem service is the
most widely available form of broadband available to Americans today, and local franchise
buildout requirements had a hand in that.
While franchise buildout requirements do (and should) vary from community to
community based on such factors as geographic size, topography, household density, and
neighborhood dispersion, such buildout requirements typically have two critical features that are
designed to make buildout as widespread as possible while, at the same time, accommodating
economic constraints faced by the cable operator. First, buildout requirements typically have a
household density limitation. Second, buildout requirements also invariably provide the operator
with a time period to complete building out its system in the franchise area,
When properly understood, buildout requirements should be a problem for the RBOCs
only if their business plans are to provide new service only to selected demographic
neighborhoods of a community. But if that is indeed the business plan, then local franchise
buildout requirements will be essential if the Cable Act's goals are to be protected.
Public, educational and governmental ("PEG") access channel capacity, facilities and
equipment requirements, along with institutional network ("I-Net") requirements, are among the
most vital elements of the local community cable-related needs and interests that the Cable Act
was designed to preserve and protect. Because they are based on each community's own unique
local needs, PEG and I-Net requirements vary considerably from community to community.
And that is precisely what Congress intended.
VI
NA TOA et al.
February 13, 2006
Agenda Item No. 16AS
March 2S, 2006
Page 46 of 85
Title VI certainly cannot plausibly be construed to grant the FCC authority to become a
sort of national franchising authority or national LF A oversight board, either generally or,
particularly, in the case of local franchising decisions under S 621(a)(1). Yet that is what
adoption of Commission rules or "best practices" with respect to S 621(a)(I) would be.
The NPRM (at ~ 22) questions how what it claims is the "primary justification for a cable
franchise" - an LF A's "need to regulate and receive compensation for the use of public
rights-of-way" - "applies" in the case of franchise applicants, such as ILECs, that are already
authorized to use those rights-of-way ("ROW") to provide telephone service. This question
reflects a disturbingly flawed and crabbed understanding of the public obligations embodied in
local cable franchising that the Cable Act preserves.
To be sure, the fact that a competitive franchise applicant is also the local ILEC will have
an effect on the local franchising process. In the case of a local ILEC applicant, for instance,
inquiry into the applicant's financial, technical and legal qualifications can usually be dispensed
with. But an applicant's status as a local ILEC would have little or no affect on other aspects of
cable franchising. PEG and I-Net requirements, for example, would be unaffected, The same
would be true of franchise fee requirements, customer service standards, buildout requirements
and police power requirements.
These are requirements that the Cable Act has decreed are necessary if a cable system is
to be truly responsive to local community needs and interests. This structure ensures that at least
one form of local media is in fact locally-responsive in what has become an era of increasingly
consolidated, "cookie-cutter" national media. That, we submit, is a very valuable public benefit
that the Cable Act rightly, and as it turns out, presciently preserves.
Vll
NA TOA et al.
February 13, 2006
Agenda Item No. 16AS
March 2S, 2006
Page 47 of 85
Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the matter of
)
)
)
)
)
)
)
ME Docket No. 05-311
Implementation of Section 621(a)(1) of the Cable
Communications Policy Act of 1984 as amended
by the Cable Television Consumer Protection and
Competition Act of 1992
COMMENTS OF THE NATIONAL ASSOCIATION
OF TELECOMMUNICATIONS OFFICERS AND ADVISORS,
THE NATIONAL LEAGUE OF CITIES,
THE NATIONAL ASSOCIATION OF COUNTIES,
THE U.S. CONFERENCE OF MAYORS,
THE ALLIANCE FOR COMMUNITY MEDIA,
AND THE ALLIANCE FOR COMMUNICATIONS DEMOCRACY
The National Association of Telecommunications Officers and Advisors ("NA TOA"),
the National League Of Cities (''NLC''), the National Association of Counties (''NACO''), the
u.s. Conference of Mayors ("USCM"), the Alliance for Community Media ("ACM"), and the
Alliance For Communications Democracy ("ACD"), submit these comments in response to the
Notice of Proposal Rulemaking, released November 18,2005, in the above-captioned proceeding
("NPRM').
NATOA's membership includes local government officials and staff members from
across the nation whose responsibility is to develop and administer cable franchising and
telecommunications policy for the nation's local governments.
NATOA et al.
February 13,2006
Agenda Item No. 16A8
March 28, 2006
Page 48 of 85
The NLC is the oldest and largest national organization representing municipal
governments throughout the United States. It serves as a resource to and an advocate for more
than 18,000 cities, villages, and towns in furtherance of its mission to strengthen and promote
cities.
NACO is the only national organization that represents county governments in the United
States, It serves as a national advocate for counties; acts as a liaison with other levels of
government; and provides legislative, research, technical and public affairs assistance to its
members,
USCM is the official nonpartisan organization of the nation's 1,183 U.S. cities with
populations of30,000 or more. Its mission is to promote effective national urban/suburban
policy, strengthen federal-city relationships and ensure that federal policy meets urban needs,
ACM is a nonprofit, national membership organization that represents 3,000 public,
educational and governmental cable television access organizations and community media
centers across the nation. It pursues its mission of assuring access to electronic media for all
through its legislative and regulatory agenda, coalition building, public education, and grassroots
organizing.
ACD is an advocacy group for public access television, dedicated to preserving and
strengthening community access to media through educational programs and participation in
court cases involving franchise enforcement and constitutional questions about community
television.
2
NA TOA et al.
February 13, 2006
Agenda Item No. 16AS
March 2S, 2006
Page 49 of 85
The rules proposed in the NP RM would, if adopted, represent an unprecedented and
unlawful encroachment by the FCC upon the historically-recognized authority of local
franchising authorities over the local cable franchising process, an authority that Congress
explicitly intended to preserve in the Cable Communications Policy Act of 1984,1 and reaffIrmed
again in the Cable Television Consumer Protection and Competition Act of 1992.2 Accordingly,
we file these comments to register with the Commission our strong opposition to the NPRM.
INTRODUCTION
While the FCC may have a useful role to play by gathering data about local franchising,
Title VI gives the Commission no authority to adopt rules to implement S 621(a)(1) or to
adjudicate disputes arising under S 621(a)(I). Moreover, even if the FCC had authority to
interpret or enforce S 621 (a)(1) (which it does not), its jurisdiction would at most be concurrent
with the jurisdiction of courts under S 635(a)3 to construe and enforce S 621(a)(1); thus the
Commission's interpretation of S 621 (a)(1) would be entitled to no deference by the courts.
Given these clear legal limitations, it is difficult to see what purpose the NPRM can
meaningfully serve, other than as a forum for industry (primarily ILECs, in particular the
RBOCs, but to a lesser extent, the incumbent cable industry) to exploit their superior resources
and FCC contacts to vilify local franchising authorities ("LF As") with unsubstantiated,
unparticularized, and self-serving "aile [gations ]"4 and "indications"S of supposed LF A behavior.
] Pub. L. No. 98-549, 98 Stat. 2779 (1984), codified as Title VI of the Communications Act of 1934,47 U.S.c.
SS 521 et. seq. ("1984 Cable Act" or "1984 Act").
2 Pub. L. No. 102-385, 106 Stat. 1460 (1992), codified in amendments to Title VI of the Communications Act of
1934 ("1992 Cable Act" or "1992 Act").
3 47 U.S.c. S 555(a).
4 NPRM at" 1.
5 Id. at" 5.
3
NATOA et al.
February 13, 2006
Agenda Item No. 16A8
March 28,2006
Page 50 of 85
Any record compiled in this proceeding would inherently be anecdotal and thus misleading,6
providing a shaky foundation upon which to rest any reliable conclusions or sound policy. That
is especially true since the cable franchising process is, as Congress intended it to be, inherently
local and fact-specific, because cable franchises are designed to ensure that "cable systems are
responsive to the needs and interests of the local community," 47 U.S.C. 9 521(2) (emphasis
added).
A "one-size-fits-all" approach is antithetical to what Congress envisioned the cable
franchising process to be, and we believe Congress' decision was a wise one. But regardless
whether the FCC or industry disagrees with that, the Commission is powerless to alter the local,
community-specific approach to cable franchising that Congress endorsed in the Cable Act.
Subject to these rather substantial caveats, we respond to the NPRMbelow. Part I
demonstrates why the FCC lacks the legal authority to adopt rules or enforce 9 621(a)(I). Part II
responds to the factual questions raised in Part III(A) of the NPRM, and Part III deals with Part
III(C) of the NPRMs request for comment on proposed rules under 9 621(a)(I).
I. THE COMMISSION LACKS LEGAL AUTHORITY TO
CONSTRUE OR ENFORCE SECTION 621(a)(1).
The NPRM improperly ascribes to the Commission an authority that Congress
specifically gave to the courts, not the FCC, Despite plentiful indications of a contrary
legislative intent, the NPRM tentatively concludes that the FCC has authority to adopt rules
6 The NPRM (at ~ 8) characterizes as "anecdotal" evidence "that new entrants have been able to obtain cable
franchises," a characterization that seems peculiar in light of the fact that the un described and undocumented
"alleg[ations]" and "indications" to the contrary by industry to which the NPRM refers (at ~~ 1 & 5) can themselves
only charitably be described as anecdotal.
4
NA TOA et al.
February 13,2006
Agenda Item No. 16AS
March 2S, 2006
Page 51 of 85
concernmg, and to enforce, Section 621 (a)(1). NPRM at ~~ 15-18. The NPRMs tentative
conclusion is wrong.
A. Section 635(a) Gives Jurisdiction Over Section 621(a)(I)
To The Courts, Not The FCC.
The NPRMs tentative conclusion that the Commission has "authority to implement
Section 621(a)(1)'s directive that LFAs not unreasonably refuse to award competitive
franchises" is based on the view that the FCC is specifically "charged by Congress with the
administration of Title VI, which, as courts have held, necessarily includes the authority to
interpret and implement Section 621." NPRM at ~ 15. But the NPRM has misread Title VI and,
more specifically, SS 621(a)(1) and 635(a). Although the Commission may have authority to
interpret certain provisions of Title VI, it does not have such blanket authority over all of Title
VI, and it most certainly does not have such authority with respect to S 621(a)(1), because
S 635(a) explicitly gives that authority to the courts, not the FCC. This conclusion is supported
not only by the express language of the statute, but also the overall structure of Title VI and an
extensive trail of legislative and regulatory history pertaining to S 621 in particular, and the
Cable Act in general.
1. The NPRM's Claim of Legal Authority To
Implement Section 621(a)(I) Ignores The Plain
Language of Title VI.
There is no dispute that S 62Ia)(1) is a "federal-level limitation" on the local cable
franchising process. NPRM at ~ 4. But that is not the issue, The real issue, which the NPRM
obscures, centers on the question of which forum - the courts or the Commission - has the
authority to interpret and enforce S 621 (a) (1 ), Sections 621 (a)(1) and 635(a), when read
together, point unequivocally to the conclusion that enforcement authority for S 621(a)(1) rests
exclusively with the courts.
5
NA TOA et al.
February 13,2006
Agenda Item No. 16AS
March 2S, 2006
Page 52 of 85
Because the "first step in any statutory analysis, and our primary interpretive tool, is the
language of the statute itselfl,]" A.CL.U v. F.Cc., 823 F.2d 1554, 1568 (D,C. Cir. 1987);
Landreth Timber Co. v. Landreth, 471 U.S. 681, 685 (1985), we turn first to the text of the
statute. In the 1992 Cable Act, Congress simultaneously amended both S 621(a)(1) and S 635(a),
the provision governing court review of certain Cable Act provisions. These two provisions
were amended as follows:
[Section 621](a)(1) A franchising authority may award, in
accordance with the provisions of this title, 1 or more franchises
within its jurisdiction; except that a franchising authority may not
grant an exclusive franchise and may not unreasonably refuse to
award an additional competitive franchise. Any applicant whose
application for a second franchise has been denied by a final
decision of the franchising authority may appeal such final
decision pursuant to the provisions of Section 635 for failure to
comply with this subsection.
[Section 635](a) Any cable operator adversely affected by any
final determination made by a franchising authority under Section
621(a)(1), 625 or 626 may commence an action within 120 days
after receiving notice of such determination, which may be brought
lll-
(1) the district court of the United States for any judicial district in
which the cable system is located; or
(2) in any State court of general jurisdiction having jurisdiction
over the parties.
47 US.C. S 541(a)(1) & 47 V.S.C. S 555(a), respectively (emphasis added to indicate 1992
amendments),
Nor was the simultaneous amendment of SS 621(a)(l) and 635(a) in this way some mere
coincidence. To the contrary, the two changes were inextricably linked to one another in the
same subsection of the 1992 Act:
SEC 7. AWARD OF FRANCHISES; PROMOTION OF
COMPETITION
(a) Additional Competitive Franchises.-
6
NA TOA et a1.
February 13, 2006
Agenda Item No. 16AS
March 28, 2006
Page 53 of 85
(1) AMENDMENT-Section 621(a)(1) of the Communications Act
of 1934 (47 Us.e. 541 (a)(l)) is amended by inserting before the
period at the end of [sic] the following: "; except that a
franchising authority may not grant an exclusive franchise and
may not unreasonably refuse to award an additional competitive
franchise. Any applicant whose application for a second franchise
has been denied by a final decision of the franchising authority
may appeal such final decision pursuant to the provisions of
section 635 for failure to comply with this subsection".
(2) CONFORMING AMENDMENT.-Section 635 (a) of the
Communications Act of 1934 (47 Us.e. 555(a)) is amended by
inserting "621(a)(1)," after "section".7
The NPRM seems completely oblivious to the fact that the 1992 Act simultaneously
amended S 635(a) to add S 62l(a)(1) to the short list of provisions of the Cable Act (the other
two being the franchise modification provision of S 625 and the franchise renewal provision of
S 626) for which Congress explicitly assigned review to the courts. Congress specifically
created a right of action for any aggrieved cable operator "adversely affected" by any "final"
decision made by a franchising authority under 621(a)(1). 47 U.S.c. 555. Cf Adams Fruit Co.
v. Barrett, 494 U.S. 638, 650 (1990) ("Congress established an enforcement scheme independent
of the Executive and provided aggrieved [private parties] with direct recourse to federal court
where their rights under the statute are violated").
Thus, the amendment to S 635(a), giving courts power to review S 621(a)(1) decisions,
went hand-in-hand with the S 62l(a)(1) amendment that the NPRM claims purportedly gives the
Commission the power to implement S 621 (a)(1). Given the inextricable link between the
S 621(a)(1) and S 635(a) amendments, however, these amendments must both be read together in
order to reveal their intended meaning. And the only plausible way to read them together is that
if an LF A violates the "unreasonable refusal" provision of S 62l(a)(1), Congress intended that
the remedy lies with the courts, not the Commission.
7 1992 Cable Act, S 7, 106 Stat. at 1483.
7
NATOA et al.
February 13, 2006
Agenda Item No. 16AS
March 2S, 2006
Page 54 of 85
The Conference Report to the 1992 Act confIrms what the plain language already makes
clear. It explains that the inclusion of S 621(a)(1) within S 635(a)'s statement of jurisdiction was
no mere coincidence but a "conforming amendment."s In light of this, there can be no question
that Congress intended the courts to be the exclusive remedy for ''unreasonably refused" cable
franchise applicants. The NP RM's reading, by contrast, disregards the plain unambiguous
language of these two interrelated amendments in the 1992 Act, effectively rendering the 1992
Act's amendment of S 635(a) mere surplusage. But "[t]here is a presumption against construing
a statute as containing superfluous or meaningless words or giving it a construction that would
render it ineffective." United States v. Blasius, 397 F.2d 203, 207 n. 9 (2d Cir, 1968).
The NPRM (at ,-r 15) is therefore simply wrong in asserting that the language of S
621 (a)(1), when coupled with the simultaneous amendment of S 635(a), "indicate[s] that
Congress considered the goal of greater cable competition to be suffIciently important to justify
the Commission's adoption of rules." Indeed, the NPRM stands the 1992 Act's amendment of
s635(a) on its head, for it would allow the Commission to usurp the authority Congress
specifIcally gave to the courts under S 635(a). The NPRMs construction thus violates the plain
meaning of the statutory language. See, e.g., GTE Service Corp. v. FCC, 205 F.3d 416, 421
(D.C. Cir. 2000); City of Dallas v. FCC, 165 F,3d 341, 347 (5th Cir. 1999). Because the drafters
of the 1992 Act explicitly linked the "unreasonable refusal" provision of S 621 (a) (1 ) with their
simultaneous amendment of S 635(a) to include S 621(a)(1) jurisdiction, the only reasonable
reading of these amendments is that Congress intended that, as is the case with franchise
modification and renewal claims under SS 625 and 626, interpretation and enforcement authority
with respect to S 621 (a)(1) resides exclusively with the courts, not the FCC.
8 See H.R. Conf. Rep. No. 862, 1 02d Cong., 2d Sess. at 25-26 (1992) ("1992 Con! Report").
8
NA TOA et al.
February 13, 2006
Agenda Item No. 16AS
March 28, 2006
Page 55 of 85
It is no response to suggest that S 635(a)'s inclusion of S 621(a)(l) was intended only to
give courts concurrent jurisdiction with the FCC over S 621 (a)(l). To the contrary, reading
S 635(a) as only granting courts concurrent jurisdiction with the FCC would render S 635(a)
surplusage. The law is clear that courts already share concurrent jurisdiction with the FCC with
respect to a number of other Title VI provisions that are not specifically enumerated in S 635(a).
See, e.g., Time Warner Cable of New York City v. City of New York, 118 F,3d 917 (2d Cir, 1997)
(holding courts have jurisdiction in a PEG programming matter although S 611 is not listed in
S 635); Charter Communications v. County of Santa Cruz, 304 F.3d 927 (9th Cir. 2002)
(construing S 617 regarding franchise transfers even through S 617 not listed in S 635(a)); TClof
North Dakota, Inc. v. Schriock Holding Co., 11 F.3d 812 (8th Cir. 1993) (court construes
S 621(a)(2) even though S 621 (a)(2) is not listed in S 635(a)); Media General Cable of Fairfax,
Inc. v. Sequoyah Condominium Council of Co-Owners, 991 F.2d 1169 (4th Cir. 1993) (same);
Cable Holdings of Georgia, Inc. v. McNeil Real Estate Fund VI, Ltd., 953 F.2d 600 (lith Cir.
1992), cert. denied, 113 S.Ct. 182 (l993) (same); Cable Investments, Inc. v. Woolley, 867 F.2d
151 (3rd Cir. 1 989) (same); A. c.L. U, 823 F .2d at 1573-74 (holding that the courts and the FCC
share concurrent jurisdiction in franchise fee matters even though S 622 is not listed in S 635(a)).
The general structure of Title VI and the necessity of imparting an effective meaning to S
635(a) render untenable the proposition that the FCC can claim concurrent jurisdiction with
respect to S 621(a)(l). Given that the courts already share concurrent jurisdiction with the FCC
on many provisions in Title VI that are not listed in S 635(a), the only way to give S 635(a) any
meaning at all is to construe it to give courts exclusive jurisdiction with regard to the three Title
VI provisions it enumerates.
9
NATOA et al.
February 13,2006
Agenda Item No. 16AS
March 2S, 2006
Page 56 of 85
The NP RM also fails to come to grips with the careful balance that Congress struck when
it made the fundamental distinction that LF As, not the Commission, would be the sole authority
on franchising. A cursory review of Title VI's allocation of responsibilities between LF As and
the FCC supports this conclusion. Congress explicitly stated where it contemplated that the FCC
had a role to play in Title VI matters. For example, Title VI specifically authorizes the FCC to
undertake certain regulatory responsibilities with respect to cable. See, e. g., 1984 Act, ~ 612( e)
(ruling on complaints regarding an operator's refusal or failure to provide leased access);
~ 613(b) (defming the "rural area" exemption from the telephone company cross-ownership
ban); ~ 613(c) (dictating rules regarding the "ownership or control of cable systems by persons
who own or control other media of mass communications which serve the same community");
~ 623(b) (adopting rules relating to regulation of cable service rates); ~ 624( e) (setting "technical
standards relating to the facilities and equipment of cable systems which a franchising authority
may require in the franchise"); and ~ 634(d),(e), (f) and (g) (delineating rules and taking action to
enforce cable operators' equal employment opportunity obligations).9 Title VI also reflects
Congress' intent to restrict the Commission's and LFAs' authority over cable in certain areas.
See, e.g., 1984 Act, ~ 612(b)(2) (prohibiting the allocation of capacity for leased access in excess
of the statutory requirement); ~ 622(i) (prohibiting the FCC and any other agency from
regulating the amount of franchise fees or use of funds derived from such fees); ~ 623(a)
(limiting regulation of cable rates); and ~ 624(f) (limiting the authority of the FCC and LF As
over requirements regarding the "provision or content of cable services,,).lo By giving the FCC a
specifically defmed and limited role in Title VI matters (in stark contrast to the far broader and
general authority given the FCC under Titles I, II and III of the Act), Congress clearly indicated
9 1984 Act, ~~ 612(e), 613(b) & (c), 623(b), 624(e) & 634, 98 Stat. at 2784-85,2788-2790 & 2797-2800.
10 ld. at ~~ 612(b)(2), 622(i), 623(a) & 624(f), 98 Stat. at 2783,2788 & 2790.
10
NA TOA et al.
February 13, 2006
Agenda Item No. 16AS
March 28, 2006
Page 57 of 85
that the FCC would not playa role in other areas of Title VI, leaving those matters to LFAs and,
where disputes arose, to the courts,
When Congress "includes particular language in one section of a statute but omits it in
another section of the same Act, it is generally presumed that Congress acts intentionally and
purposely in the disparate inclusion or exclusion." Russello v. United States, 464 U.S. 16, 23
(1983) (internal quotations omitted). Thus, Congress' explicit grant of jurisdiction over
~ 621(a)(1) matters to the courts precludes imputing to the FCC jurisdiction over such matters.
To construe the disparity otherwise would eviscerate the plain meaning of 9 635(a). On the basis
of the language of the 1992 amendments, "[i]t is, in short, overwhelmingly clear that, in passing
the [Act], Congress acted - as it is presumed to act. . . with full awareness." Rodriguez v. United
States, 480 U.S. 522, 525 (1987); see, e.g., Lorillard v. Pons, 434 U.S, 575, 581-582 (1978).
Contrary to the NPRM's assertions, "we have here an instance where the Congress, presumably
after due consideration, has indicated by plain language a preference to pursue its stated goals by
what [the administrative agency] asserts are less than optimal means. In such a case. . . the
agency is [not] free to ignore the plain meaning of the statute and to substitute its policy
judgment for that of Congress." Alabama Power v. Costle, 636 F.2d 323, 365 (D.C. Cir. 1979).
Accordingly, "an [administrative] agency may not issue regulations covering an area in which it
has no jurisdiction." Kelley v. E.P.A., 15 F.3d 1100, 1105 (D.C. Cir. 1994) (quoting Adams Fruit
Co. v. Barrett, 494 U.S. 638 (1990)) (internal quotations omitted).
Moreover, the FCC cannot bootstrap its way around this problem based on S 2(a) of the
Communications Act, 47 U,S.C. S 152(a). It is well-settled that the FCC traditionally has based
its exercise of "ancillary" jurisdiction on S 2(a) of the Act ("The provisions ofthis act shall apply
to all interstate and foreign communication by wire or radio . ,."). See United States v.
11
NATOA et aL
February 13,2006
Agenda Item No. 16A8
March 28, 2006
Page 58 of 85
Southwestern Cable Co., 392 U.S. 157, 167-69, 171-73 (1968). The 1984 Cable Act, however,
limited the reach of S 2(a) with respect to Title VI by adding the following language to S 2(a) of
the Communications Act:
The provisions of this Act shall apply with respect to cable service,
to all persons engaged within the United States in providing such
service, and to the facilities of cable operators which relate to such
service, as provided in Title VI,11
As this amendment makes clear, Congress deliberately chose to limit the Commission's S
2(a) authority over cable service to only that authority explicitly granted to the FCC in Title VI.
In other words, the Commission cannot rely on S 2(a) to go beyond what is plainly provided for
in the text of Title VI. In this instance, Sections 621(a)(1) and 635(a) are what is "provided in
Title VI," and thus S 635(a) - and its requirement of resort to the courts, not the FCC - is what
controls.
B. The Relevant Legislative Histories Indicate That
Section 621(a)(1) Jurisdiction Rests With The Courts.
As stated in A.CL. U. v. FCC, "[o]nly where [the statutory] expression is genuinely
ambiguous. . . is legislative history useful or necessary." 823 F.2d at 1568 (internal citations
omitted); see also Rodriguez v. United States, 480 U,S. 522, 525 (1987) ("[if] the language of a
provision. . . is sufficiently clear in its context and not at odds with the legislative history, . , .
'[there is no occasion] to examine the additional considerations of "policy" . , , that may have
influenced the lawmakers in their formulation of the statute. "') (internal citations omitted);
Maine v. Thiboutot, 448 U.S. 1, 6 n.4 (1980) ("Where the plain language, . . is as strong as it is
here, ordinarily 'it is not necessary to look beyond the words of the statute.' ") (citations omitted)
(emphasis in original). In an abundance of caution, however, we review the pertinent legislative
history of the 1984 Act, which, inter alia, states: "It is the Committee's intent that the franchise
11 1984 Act, 9 3(a)(1), 98 Stat. at 280 1 (emphasis added).
12
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process take place at the local level where city officials have the best understanding of local
communications needs and can require cable operators to tailor the cable system to meet those
needs." 12 We also review the relevant history of the 1992 Act. As a general matter, Congress'
decision in S 635(a) to reserve to courts the exclusive authority to construe and enforce S
621(a)(1) is perfectly consistent with the Act's overriding goal of favoring local, community-
based franchising to be responsive to local community cable-related needs. 47 U.S.c. S 521(2),
Courts are much better suited than the FCC to resolve local franchise-specific, fact-specific
disputes.
1. The 1984 Act.
The legislative history of the 1984 Act makes clear that Congress reserved authority over
the franchising process, almost in its entirety, to LF As, not to the Commission. See, e.g., 1984
House Report at 19 ("Primarily, cable television has been regulated at the local government level
through the franchise process. . . . [this legislation) establishes a national policy. . . . [t)his
policy continues reliance on the local ji-anchising process as the primary means of cable
television regulation. , .") (emphasis added)); id. at 25 ("This legislation. . , continu[es] to
provide the franchising authority with the ability to assure that renewal proposals are reasonable
to meet community needs and interests, , . ."); id. at 26 ("Each local franchising authority may
assess the cable operator a fee for the operator's use of public ways"); and id. at 26 ("H.R. 4103
explicitly grants [the power to require particular cable facilities and to enforce requirements in
the franchise to provide those facilities] to the franchising authority"). Where Congress wished
to delegate certain powers to the Commission, it expressly announced its intent to do so. See,
]2 H.R. Rep. No. 934, 98th Congress, 2d Sess. at 24, reprinted in 1984 U.S.C.C.A.N. 4655 ("1984 House Report")
(emphasis added).
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e.g., id at 25 (" . . . municipal authority to regulate basic cable rates turns on whether a cable
system faces effective competition in its market, as determined by the FCC").
The specific history of the original, 1984 version ofS 621 (a)(1) and other sections of the
1984 Act further affirms the primacy of LF As in this area, See id at 59 ("This provision grants
to the franchising authority the discretion to determine the number of cable operators to be
authorized to provide service in a particular geographic area"). Delegation of authority to the
Commission is notable in its absence, See id. at 72 (". , . the procedures and standards
established by this section are available for the cable operator or the franchising authority to
initiate if necessary"). Equally notable in its absence from the 1984 Cable Act legislative history
is any mention of the FCC remaining in its pre-1984 business of regulating cable. Clearly,
Congress was not contemplating FCC oversight or control of the regulatory scheme for granting
franchises under S 621 (a)(1), "In fact . . . the totality of the legislative history of the Act
demonstrates with unusual clarity [what] was intended." Rodriguez v. United States, 480 U.S. at
525,
2. The 1992 Act
Notwithstanding the clear and inextricable relationship between the 1992 amendments to
S 621(a)(1) and S 635(a), the NPRM attempts to construe the 1992 amendments as an indication
that "Congress considered the goal of greater cable competition to be sufficiently important to
justify the Commission's adoption of rules." ~ 15 (emphasis added). While it is true that the
1992 amendments exhibit Congress' intent to place limitations on LF As' ability to refuse to
grant additional competitive franchises, nothing in these amendments suggests that Congress
contemplated that the FCC, rather than the courts, would have authority to implement or interpret
that limitation; to the contrary, as we have seen, S 635(a) provides that courts, not the FCC, have
14
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that authority. A review ofthe 1992 Cable Act's legislative history makes plain that the NPRMs
reading overreaches:
Based on the evidence in the record taken as a whole, it is clear
that there are benefits from competition between two cable
systems. Thus, the Committee believes that local franchising
authorities should be encouraged to award second franchises.
Accordingly, [the 1992 Cable Act,] as reported, prohibits local
franchising authorities from unreasonably refusing to grant second
franchises, 13
Section 621 (a)(1), as revised, indicates a statutory prohibition against unreasonable refusals in
the granting of franchises and merely encourages LF As to award second franchises.
A searching review of the 1992 Act legislative history further reveals the contours of the
intended congressional scheme for S 621 (a)(l). As one federal district court noted:
The House version contained a specific list of "reasonable"
grounds for denial. H. R. Conf Rep. No. 102-862, at 168-69
(1992). The Senate version, on the other hand, listed "technically
infeasible" and left other reasonable grounds undefined. By
choosing not to adopt a federally mandated list of reasonable
grounds for denial in favor of an open-ended definition, Congress
intended to leave states with the power to determine the bases for
granting or denying franchises, with the only caveat being that a
denial must be "reasonable."
Knology, Inc. v. Insight Communications Co., L.P., 2001 WL 1750839 at * 2 (W.D. Ky. March
20, 2001) (citation omitted) (emphasis added).
As a fundamental policy matter, Congress in Title VI intended that cable operators be
responsive to local community needs and interests, which is why the regulatory scheme charted
by Title VI expresses a clear preference for local franchising, and for court (rather than FCC)
review of franchising matters. Since facts and circumstances vary across communities, it made
perfect sense for Congress to have given oversight authority for franchising disputes to the courts
13 S. Rep. No. 92, 1 02d Cong., 1st Sess. at 47 (1991) reprinted in 1992 U.S.C.C.A.N. 1133 ("1992 Senate Report")
(emphasis added).
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rather than the FCC. Courts, unlike the FCC, are better suited to assess unique and differing
factual situations that will inherently arise in S 621 (a)(1) disputes, Put a little differently, the
franchising process governed by S 62l(a)(1) is peculiarly unsuited to the generalized "one-size-
fits-all" prescriptions that FCC rules are designed to fill.
C. Contrary To The NPRM's Suggestion, City Of Chicago
Lends No Support To The Claim That FCC Has Section
621(a)(l) Jurisdiction.
The NPRM (at,-r 15) cites City of Chicago v. FCC, 199 F.3d 424 (7th Cir. 1999), for the
proposition that Congress' delegation to the Commission of authority to administer Title VI
"necessarily includes the authority to interpret and implement Section 621." The NPRM,
however, overlooks two critical distinctions that render Chicago inapposite.
First, Chicago is more appropriately characterized not as a S 621 case, but as a case
construing the definitions set forth in S 602 of the Act. As a substantive matter, Chicago
involved an appeal from a declaratory ruling in which the FCC held that an SMATV operator
was not a "cable operator" of a "cable system" within the meaning of SS 602(5) and 602(7),
respectively, of the Communications Act. In other words, the case centered on dueling
interpretations of these S 602 defmitions and, on appeal, the court upheld the FCC's construction
of those S 602 terms. See City of Chicago, 199 F.3d at 431-34 (upholding FCC determination
that SMATV operator is not a "cable operator" of a "cable system" under SS 602(5) and (7) and
is thus exempt from franchise requirements). The only S 621 issue even arguably before the
court in Chicago was one that no party to the case disputed: Ifthe SMATV arrangement at issue
involved a "cable operator" and a "cable system," a franchise was required under S 621(b)(1); if
the arrangement did not encompass these definitions, it was undisputed that the S 621 (b)( 1)
franchise requirement did not apply.
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Second, and perhaps more importantly, Chicago was at most a 9 621 (b)(1) case, not a
9 621 (a)(l) case. Chicago involved a SMATV operator seeking an exemption from the franchise
requirements of 9 621 (b)(1), which prohibits a "cable operator" from providing cable service
without a franchise, The court merely noted that it was "not convinced that. . , the FCC has
well-accepted authority under the Act but lacks authority to interpret [9 621(b)(l)] and to
determine what systems are exempt from franchising requirements." City of Chicago, 199 F .3d
at 428. Since 9 635(a) explicitly gives courts exclusive jurisdiction over 9 621 (a)(l) disputes but
not S 621 (b)(1) disputes, Chicago says nothing at all about the FCC's jurisdiction over
9621(a)(l). The case had nothing to do with 9 621(a)(l)'s prohibition on unreasonable refusals
to award additional competitive cable franchises.
D. The NPRMErroneously Invokes Non-Title VI Sources
Of Authority To Assert Section 621(a)(1) Jurisdiction.
It is difficult to ignore more than twenty years of regulatory history. See A. CL. U, 823
F.2d at 1567 n. 32 ("when an agency's assertion of power into new arenas is under attack,
therefore, courts should perform a close and searching analysis of congressional intent,
remaining skeptical ofthe proposition that Congress did not speak to such a fundamental issue").
The NPRM relies on what it characterizes as the broad purposes of 9 621(a)(l) and the FCC's
general authority under the Communications Act to claim that promoting greater cable
competition justifies the FCC's adoption of rules to implement S 621(a)(1), as opposed to the
court relief that Congress specifically provided in 9635(a). But "[n]o legislation pursues its
purposes at all costs, Deciding what competing values will or will not be sacrificed to the
achievement of a particular objective is the very essence of legislative choice - and it frustrates
rather than effectuates legislative intent simplistically to assume that whatever furthers the
statute's primary objective must be the law." Rodriguez v. United States, 480 V,S. at 525-26.
17
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Although S 621(a)(1), and Title VI generally, reflect a legislative goal to promote greater cable
competition, that alone does not mean that Congress intended the FCC, rather than the courts, to
enforce that objective. In the case of S 621(a)(1), Congress made clear that it assigned the role of
furthering S 621(a)(1)'s objective to the courts, not the FCC.
1. Section 1 and Section 4(i) Authority.
The NPRMtentatively concludes that the Commission's broad authority under SS 1 and
4(i) of the Communication Act empowers the FCC to adopt rules to implement S 621(a)(1). ~15.
The FCC's general rulemaking authority under these provisions does not, however, provide it
with authority beyond what the specific provisions of the balance of the Communications Act
allow it to do.
As discussed above, not only are there no Title VI provisions that grant the FCC authority
to construe or enforce S 621(a)(1); SS 621 (a)(1) and 635(a) specifically grant that authority to the
courts, not the FCC. See Motion Picture Ass 'n of America, Inc., v. FCC, 309 F.3d 796, 802-03
(D.C. Cir. 2002) (rejecting FCC's "very frail argument" that Sections 1 and 4(i) authorize the
agency to adopt rules requiring video description; vacating agency rule adopted under general
rule making authority). In this proceeding, as in Motion Picture Ass 'n of America, ''the FCC
must fmd its authority in provisions other than [Section] I." Id. at 804. Plainly stated, the FCC's
general rulemaking powers do not empower it to do what specific provisions of Act cannot be
read to permit:
The FCC's position seems to be that the adoption of rules
[implementing S 621 (a)(1)] is permissible because Congress did
not expressly foreclose the possibility. This is an entirely untenable
position. See Ry. Labor Executives [Ass'n v. Nat'l Mediation Bd.,
29 F.3d 655, 671 (D.C.Cir.1994) (en banc)] ("Were courts to
presume a delegation of power absent an express withholding of
such power, agencies would enjoy virtually limitless hegemony, a
result plainly out of keeping with Chevron and quite likely with the
18
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Constitution as well. ") (emphasis in original). See also Ethyl Corp.
v. EPA, 51 F.3d 1053, 1060 (D.C.Cir.1995) ("We refuse. . . to
presume a delegation of power merely because Congress has not
expressly withheld such power.") . . . . Congress enacted
[S 621(a)(1) and S 635(a)] together. . . . [Congressional] silence
surely cannot be read as ambiguity resulting in delegated authority
to the FCC to promulgate the disputed regulations.
Motion Picture Ass'n of America, 309 F.3d at 805-06 (emphasis in original) (substituting
references to SS S 621(a)(1) and 635(a) for SS 713 (a), (b) and 713 (f)).
The NPRM does not furnish any reasonable explanation as to why resort to the FCC's
general rulemaking authority would on this occasion enable it to construe and enforce S
621(a)(l). To the contrary, because the texts of SS 621(a)(l) and 635(a), when read together,
unambiguously indicate Congress' strong preference for court, rather than FCC, enforcement of
S 621(a)(1), the FCC's proposed action in this proceeding is even less justified than its overruled
action in Motion Picture Ass 'n of America,
2. Section 706 Authority.
The NPRM also asks (at'; 18) whether S 706 of the 1996 Act could empower the
Commission to "take action" on concerns related to the franchise process. However, this is
another impermissible attempt to bootstrap non-Title VI objectives into Title VI. As discussed
above, Title VI clearly states its objectives and, absent a Congressional delegation of power over
S 621(a)(1) (and there is none), the FCC is not authorized to adopt rules to implement S
621 (a)(l). Moreover, as S 706(g) itself provides, nothing in S 706 "shall be construed to
authorize the President to make any amendment to the rules and regulations of the Commission
which the Commission would not be authorized by law to make[.]" In other words, the text of
this non-Title VI section concedes that it cannot serve to empower the FCC to do what specific
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provisions of the Communications Act cannot be read to permit. And since S 635(a) specifically
prohibits the NPRMs proposed reading, S 706 cannot save it.
For these reasons, the FCC does not have the legal authority to construe or enforce S
621(a)(1).
II. EVEN IF THE FCC HAD JURISDICTION, CHEVRON
DEFERENCE WOULD NOT APPLY TO ITS CONSTRUCTION
OF SECTION 621(a)(1).
Even if the Commission did have the statutory authority to adopt regulations to
implement S 621(a)(1) (which it does not), S 635(a) makes plain that FCC jurisdiction would at
best be only concurrent with the jurisdiction of the courts. See, e.g., Kelley v. E.P.A., 15 F.3d at
1105; Wagner Seed Co. v. Bush, 946 F.2d 918,920 (D.C. Cir. 1991). Where both the courts and
the FCC share concurrent jurisdiction, the FCC's interpretations of the statute would therefore
not be subject to the deferential standard of review articulated in Chevron, U.S.A., Inc. v. Natural
Resources Defense Council, Inc., 467 U.S. 837 (1984). "[E]ven if an agency enjoys authority to
determine. . . a legal issue administratively, deference is withheld if a private party can bring the
issue independently to federal court under a private right of action. " Kelley v. E.P.A., 15 F.3d at
1108.
Therefore, in light of Section 635(a), if the Commission were to adopt rules to implement
Section 621(a)(1), its construction of those rules would be entitled to no deference by the courts.
The private right of action guaranteed by Section 635(a) is evidence that Congress "intended that
[a petitioner's] claim in such an event. . . be evaluated by the federal courts independent of [an
agency's] institutional view." Kelley v. E.P.A., 15 F.3d at 1109. Moreover, even if S 635(a)'s
language creating the private right of action were ambiguous (and it is not), deference is still not
required "because Congress has expressly established the Judiciary and not the [administrative
20
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February 13,2006
Agenda Item No. 16A8
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agency] as the adjudicator of private rights of action arising under the statute." Adams Fruit Co.,
494 U.S. at 649; see also Crandon v. United States, 494 U.S. 152, 177 (1990) (Scalia, 1.,
concurring) (rejecting Chevron deference because statute was administered by the courts, not by
agency). Thus, any rule adopted by the FCC in this proceeding would at best be viewed only as
a policy statement "to guide [the Commission's] enforcement proceedings across the country"; it
would not be binding on the courts or entitled to Chevron deference by the courts. Kelley v.
E.P.A., 15 F.3d at 1109.
The Commission, in light of the plain language of the statute, its legislative history, and
the Commission's own historical interpretation, should reject the invitation in its NPRM to
substitute its own policy judgments for those of Congress.
III. THERE IS NO CREDIBLE EVIDENCE THAT LFAs HAVE
UNREASONABLY REFUSED TO GRANT COMPETITIVE
FRANCHISES.
While, as noted above, we do not believe that the FCC has jurisdiction to adopt rules
implementing or enforcing S 62 I (a)(l), we will nevertheless respond to some of the questions
raised in Part III(A) of the NP RM to provide the Commission with information demonstrating
what we believe to be clear: There is no evidence that S 621(a)(I) is not already serving its
intended purposes, and thus the NPRM is a solution in search of a problem.
We focus here only on information that is more national in scope and that is available to
us. By its nature, much of the information sought in Part lII(A) is very fact-specific to each
LFA. We anticipate that much of that LFA-specific information will be provided in comments
filed by individual LF As.
We caution the Commission, however, that any evidence adduced in this proceeding on
the questions asked in Part IlI(A) ofthe NP RM will inherently be anecdotal, and especially in the
21
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case of information provided by industry, one-sided, often anonymous, and untested by the fIre
of cross-examination and rebuttal.14 LF As do not have the resources of industry to participate in
this proceeding in the way that industry will (both in comments and in ex parte visits to the
Commission), and thus the record will almost certainly be not only anecdotal, but skewed. As a
result, the record in this proceeding is unlikely to provide a reliable basis for the Commission to
make sound and accurate policy judgments.
Subject to these rather substantial caveats, we respond as follows:
A. The Dearth of Precedent in the Fourteen Years Since
Section 621(a)(1) Was Amended Strongly Indicates
That There Is No Significant Problem Justifying FCC
Action.
LF As nationwide welcome competition and are eager to issue additional franchises to
compete with incumbent cable operators. Given the inherently local nature of the franchising
process, the evidence supporting this conclusion, far from being "anecdotal" (NP RM at ,-r 18), is
rather comprehensive on a nationwide scale (the only scale that should be of any relevance to the
FCC here),
The NP RM itself, for instance, recognizes the large number of competitive franchises that
have been secured by Ameritech (a subsequent AT&T/SBC acquiree), SNET, BellSouth, Qwest,
RCN, Verizon and NTCA members in the past decade or so. Jd at ,-r 8 & nn, 44-51. And that
does not even include the many competitive franchises that LF As have granted to others, such as
14 In this regard, we note the FCC's ruling in Ex Parte Presentations in Commission Proceedings, GC Dkt. No.
95-21, Mem. Opin. & Order, 14 FCC Red. 18831 (1999), requiring that any local government named in the
comments ofa party must be served with a copy of those comments to provide the local government with an
opportunity to oppose. It is particularly imperative that the Commission require commenters to adhere strictly to
this requirement in this proceeding.
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February 13, 2006
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non-ILEC-affiliated providers like Grande and Wide Open West, as well as smaller, rural
ILECs.15
The conclusion that LFAs have embraced the policy behind S 621(a)(1) is further
supported by the remarkable dearth of reported precedent concerning S 621(a)(1) in general, and
its "unreasonable refusal" provision in particular, in the nearly fourteen years since it was
enacted. In fact, in that period, there have only been five reported cases that even involved
claims that an LFA violated S 62 I (a)(1)'s "unreasonable refusal" provision, in only two of those
cases was a violation found, and in neither did the LF A even deny the franchise application.16
This leads to the inescapable conclusion that, aside from its legal jurisdiction defects, the
NPRMs proposal to adopt rules implementing S 621 (a)(1) is a solution in search of a problem.
The NPRM also overlooks another crucial reason why LF As will not unreasonably refuse
to grant additional, competitive franchises. LF A franchising decisions are made by elected
legislative bodies - city councils, county councils and commissions, and town councils. As such,
LF As are accountable, and must be responsive, to the desires of their electorates, And the
Commission can rest assured that LF As' constituents want competition in cable service. That is
15 See, e.g., Comments of the National Cable and Telecommunications Association, Annual Assessment afthe
Status of Competition in the Market for the DelivelJI of Video Programming, CS Docket No. 01-129 (filed Aug. 2,
2001); Debbie Narrod, OVERBUlLDERS: The New Generation, CableFAX's CableWORLD, Nov. 27,2000,
available at
http://www.cableworld.com/cgilcw/show_mag.cgi?pub=cw&mon= I 12700& file=overbui Iders _new _generation.inc;
K.c. Neel, Deadend at the Headend?, CableFAX's CableWORLD, Mar. 18, 2002, available at
http://www.cableworld.com/cgi/cw/show_mag.cgi?pub=cw&mon=031802&fi le=deadend _ headend. inc.
16 See NEPSK, Inc. v. Town of Houlton, 167 F.Supp. 2d 98 (D. Maine 2001), ajJ'd, 283 F.3d 1 (1st Cir. 2002)
(holding that incumbent cable operator"s response to a request for proposals is not an application for a second,
competitive franchise); Qwest Broadband Services v. City of Boulder, 151 F.Supp. 2d 1236 (D. Colo. 200 I) (holding
city charter requiring voter approval of franchises violates 9 62 I (a)(1 )); Knology, Inc. v. Insight Communications
Co., L.P., 2001 WL 1750839 (W.O. Ky. March 20, 2001) (in a dispute between an incumbent and newly awarded
franchise, the LF A's enactment of a local parity provision that permitted an incumbent to automatically stay the
grant of additional franchises was an "unreasonabl( e] den(ial]" in violation of 9 62 I (a)); Classic Communications,
Inc. v. Rural Telephone Service Co., Inc., 956 F.Supp. 896 (D. Kan. 1996) (cable operator alleges that LF A
unreasonably refused to grant it a competitive franchise; court denies LF A's motion to dismiss without resolving on
the merits whether refusal was unreasonable under S 621(a)(I)); Liberty Cable v. City of New York, 893 F.Supp. 191
(S.D.N.Y. 1995) (finding 9 621 (a)(I) claim not ripe because city had not acted on application yet), ajJ'd, 60 F.3d
961 (2d Cir. 1995).
23
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a far more effective, and democratic, check on any unreasonable refusal to award competitive
franchises than any FCC rules could ever provide.17 And it is a check that is far more consistent
with our nation's principles of democracy and federalism than a set of "one-size-fits-all" national
rules promulgated by an unelected federal regulatory agency.
B. The Telecommunications Act Of 1996 Gave ILECs -
and More Particularly, The RBOCs - Four Different
Ways To Enter The Multichannel Video Market, Yet
For Most Of The Past Ten Years, The RBOCs Have
Done Little, If Anything, To Exploit That Opportunity.
A principal moving force behind the NP RM appears to be complaints made to the FCC
by AT&T (formerly SBC), Verizon and other RBOCs about the supposed difficulties they claim
to have encountered in the local franchising process in the course of their recently-announced
plans to upgrade their telecommunications networks to provide (among other things) cable
service in competition with incumbent cable operators,I8 While we welcome the RBOCs'
somewhat belated interest in finally entering the cable market to compete with incumbent cable
operators, the Commission should not be misled by their attempts to shift blame to LF As for
delays resulting from their own business decisions. Nor should LF As or their residents be forced
to bear the burden of sacrificing the local cable-related needs and interests protected by the local
franchising process and the Cable Act in an effort to try to mitigate any potentially adverse
consequences to the RBOCs resulting from their own business decisions.
A little history will prove the point. Prior to the 1996 Act, the RBOCs (and most other
non-rural ILECs) were prohibited from entering the cable market by the telephone-cable
17 Cf Charter Communications v. County of Santa Cruz, 304 F.3d at 935 (9th Cir. 2002) ("methods exist to promote
self-correction [of the local cable franchising process]: citizens can vote out their local representatives").
18 See, e.g., NPRM at '11'115-6 & nn. 28-37. We note in passing that Consumers for Cable Choice, whose comments
in MB Dkt No. 05-255 are cited in note 28 ofthe NPRM, is reportedly an organization largely backed by the
RBOCs. See Linda Haugsted, Telcos Feed 'Grassroots' Group, 26 Multichannel News 18 (2005); David Lazarus,
Cable 'coalitions' sketchy, San Francisco Chronicle, Nov. 2,2005, at C-I; RBOCs Attempt to Dupe Consumers with
Faux 'Coalition, Digital Straight Talk, posted Nov. 22,2005, available at
http://www.digitalstraighttalk.com/2005/ 11 /rbocs _dupe_consumers _with_faux. shtml
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crossownerhip prohibition formerly set forth in S 613(b) of the 1984 ACt.19 The 1996 Act
repealed that crossownership prohibition and gave the RBOCs (and other ILECs) not one, but
four different means to enter the multichannel video market.20 The legislative history makes
plain that Congress' expectation, and the professed intent of the RBOCs, was that this
amendment would result in the RBOCs swiftly entering the multichannel video market and
competing with incumbent cable operators.21
Yet, for eight or more of the nearly ten years since the 1996 Act was passed, the RBOCs,
and especially AT&T and Verizon, made no serious effort to enter the multichannel video
market as a cable operator, a video common carrier or an open video system operator.22 And at
least one RBOC, AT&T (in its former incarnation as SBC), not only did not pursue entry into the
cable market, but in 2001, shortly after it acquired Ameritech, took affirmative steps to exit that
market by selling off the local cable business in "75 communities" serving "more than 200,000
customers,,23 held by Ameritech.24 This has been AT &T' s consistent pattern: AT&T likewise
19 1984 Act, 98 Stat. at 2785 (codified at 47 U.S.c. S 533(b) (1984)).
20 47 U.S.c. S 651 (a)(l)-(4) (common carriers may enter the video market as broadcast or wireless providers under
Title Ill, as video common carriers under Title II, as cable operators under Title VI, or as an open video system
provider under S 653).
21 H.R. Confer. Report No. 458, 104th Cong., 2d Sess. at 171-72, reprinted in 1996 U.S.C.C.A.N. 124 ("New
section 651 of the Communications Act specifically addresses the regulatory treatment of video programming
services provided by telephone companies. Recognizing that there can be different strategies, services and
technologies for entering video markets, the conferees agree to multiply entry options to promote competition, to
encourage investment in new technologies and to maximize consumer choice of services that best meet their
information and entertainment needs").
22 Their only discernible effort on this front was to begin to resell DBS service in some markets, and even that effort
did not begin until around 2002 or 2003. Mike Farrell, DirecTV, Bel/South Hook Up, 24 Multichannel News 1
(2003); James E. Carroll, Video: The Next Front in the Broadband War, Converge! Network Digest, Sept. 9, 2003,
available at, http://www.convergedigest.com/blueprints/ttp03/z1 dynamicsl .asp?ID= 13&ctgy=; Vince Vittore,
Bel/South Samples Satellite with DirecTV Resale Setup, Sept. 8, 2003, available at
http://telephonyonline. com/ar/telecom _ bell south _samples _ satell itel.
23 See NPRM at <<J 8 & n. 45.
24 Ted Hearn, McCain, Powel/ Clash Over Rates, Multichannel News, Jan. 20, 2003 at 3; SBC Communications,
Inc., Form 10-K, at 8, Exh. 13 at 5, and Note 3 (Dec. 31,2001).
25
NA TOA et al.
February 13,2006
Agenda Item No. 16A8
March 28, 2006
Page 72 of 85
jettisoned the video operations that it had previously acquired in its acquisition of Pacific Telesis,
and had to be ordered by the Connecticut Department of Public Utilities not to abandon SNET's
cable franchise for two years. 25
Although RBOCs such as Verizon and AT&T were certainly free to make their own
business decisions not to enter (or to exit) the cable market despite the invitation Congress gave
them in the 1996 Act, they are not free - or at least certainly should not be free - to turn around
and blame LF As and the local franchising process for the consequences of their own business
decisions to delay entry into (and in AT&T's case, to exit) the market. Yet that is precisely what
they seek to do.26 The Commission should not be deceived by the RBOCs' efforts to transform
their own business decisions to sit on the sidelines of the cable market for nearly a decade into an
excuse to reward those decisions with relief from the local franchising process that had nothing
to do with those business decisions. Had the RBOCs done what they promised Congress they
would do in securing repeal of the telephone-cable crossownership ban back in 1996, they would
not be facing the supposed "catch-up" problem they face now.
C. A Franchise Is A Contract That The Cable Act
Requires To Be Responsive To Local Cable-Related
Community Needs And Interests, Not A Form
Nationwide Contract, Which Is What The RBOCs
Appear To Demand.
The NPRM (at ~ 5) recounts industry allegations that the local franchising process "takes
too long" and "involves outrageous demands by some LF As" supposedly unrelated "to video
25 Fifth Annual Rep0l1 In the Matter of Annual Assessment of the Status of Competition in Marketsfor the Delivery
of Video Programming, FCC 98-335 at ~ 115 (reI. Dec. 23, 1998); White Paper, The Consumer Case Against the
SBC-Ameritech Merger, Consumers Union, Jan. 20, 1999 at 9 V, available at
http://www.consumersunion.org/other/newsbc-amersw199.htm; Alan Breznick, Ameritech Keeps Plugging into
Video, CableFAX's Cable WORLD, June 7,1999, available at http://broadband-
pbimedia.com/cgi/ cw/show _ mag.cgi?pub=cw&mon=060799&file=ameritech _keeps -IJlugging-inc.
26 See, e.g., Comments of Consumer for Cable Choice, BellSouth and Verizon in MB Dkt No. 05-255, cited in
NPRM at nn. 28-33.
26
NA TOA et al.
February 13, 2006
Agenda Item No. 16A8
March 28, 2006
Page 73 of 85
servIces or to the rationales for reqUITIng franchises," and then (at ,-r,-r 12-13) asks several
questions directed at these allegations, as well as whether the cable franchising process should
vary from locality to localitl7
The short answer to the NPRMs question, "should cable servIce requirements vary
greatly from jurisdiction to jurisdiction?," is "yes." Indeed, not only should such requirements
vary, the Cable Act decrees that they must vary, for the Act is built on the principle that cable
systems must be "responsive to the needs and interests of the local community.,,28
The NPRMs question (at ,-r 13) whether LFAs are "demanding concessions that are not
relevant to providing cable services," and Verizon's allegations of the same (id at,-r 5 & n. 33)
rest on an apparent misreading of the Cable Act. As an initial matter, Verizon's allegations
about requirements unrelated to "video services" simply ignores that (1) the "cable service"
definition is not limited to "video programming" or to the undefined concept of "video services,"
47 US.C. 9 522(6); and (2) the Cable Act makes equally clear that among the types of
requirements that are "cable-related," and that LF As are entitled by the Act to require, include
in-kind institutional networks, 47 D.S.C. 99531(b), 541(b)(3)(D), & 544(b)(1) & (2)(A),
something that we understand that Verizon has steadfastly refused to agree to provide in its
negotiations with LF As.
27 The NPRM also rather inexplicably asks what problems incumbent cable operators are encountering with the
cable franchising, and whether current local franchising "procedures or requirements" are appropriate for incumbent
cable operators. What this question possibly has to do with the issue at hand - g 621 (a)( 1) - the NPRM does not
say. By its terms, g 621 (a)(l) prohibits LF As from "unreasonably refus[ing] to award an additional competitive
franchise." (Emphasis added.) It is therefore inapplicable to incumbent cable operators that have already been
awarded a franchise. See NEPSK, Inc. v. Town of Houlton, 167 F.Supp. at 102 (g 621(a)(I) inapplicable to
incumbent cable operator); I-Star Communications v. City of East Cleveland, 885 F.Supp. 1035, 1042 (N.D. Ohio
1995) (g 621 (a)( 1) inapplicable to incumbent franchisee's complaint about possible franchise revocation). In the
case of most incumbent cable operators, their future franchise terms are governed by the Cable Act's renewal
provision, 47 U.S.C. g 546, but they are not in any way governed by the "unreasonable refusal" provision of
g 621 (a)(l).
28 47 U.S.c. g 521(2) (emphasis added). See also 47 U.S.c. g 546 (calls for ascertainment of "future cable-related
community needs and interests" and an operator's renewal proposal is judged on, inter alia, its responsiveness to
those needs and interests).
27
NATOA et al.
February 13, 2006
Agenda Item No. 16AS
March 28, 2006
Page 74 of 85
More generally, in asking whether LF As are "demanding concessions" unrelated to cable
service, the NPRM seems oblivious to the Cable Act, which makes clear - and has made clear
since its original enactment in 1984 - that LF As may not impose non-cable-related requirements
in franchises.29 In other words, Verizon is either (a) too narrowly construing the concept of
"cable-related" needs, or (b) attempting to mislead the Commission based on franchising
activities that occurred before the 1984 Cable Act was enacted and are no longer an issue. Either
way, Verizon is simply wrong.
The RBOCs' complaint about how long it supposedly takes to obtain a franchise rests on
mischaracterizations and willful balking at the locally-oriented nature of cable franchising that
the Cable Act requires. AT&T (formerly SBe) certainly has no grounds to complain. As the
Commission knows, it has taken the position that the multichannel video service component of
its Project Lightspeed is not a "cable service," that it therefore is not subject to the franchise
requirement of the S 621(a)(1), and thus needs no franchise at al1.3o As a result, AT&T has not
deigned to see fit to even apply for a local cable franchise. Having arrogantly viewed itself as
above the need for a local franchise, AT&T is in no position to complain about the length of the
franchising process. It has never bothered to try.
Verizon, unlike AT&T, has sought fi-anchises, albeit in only a fairly limited number of
markets.3! But in assessing allegations about delays in the franchising process, the Commission
must keep two things in mind.
29 E.g., 47 U.S.c. SS 541(b)(3), 544(a), 544(b) & 546(c)(l)(D). See also 1984 House Report at 68-69.
30 See SBC Ex Parte Filing, IP-Enabled Services, WC Docket No. 04-36 (filed Sept. 14,2005). We vehemently
disagree with AT&T's view.
31 See, e.g., Telco Video Franchises, Muni Networks Share Spotlight at NA TOA Conference, 71
Telecommunications Reports at 15 (Oct. 1,2005); Dina EIBoghdady, Verizon Pursues Local Cable Franchises,
Washington Post, July 19,2005 at D-4; David P. Willis, Taking on Cable, Asbury Park Press, Oct. 2,2005,
available at http://www.app.com/apps/pbcs.dll/article? AID=/20051 002/BUSINESS/51 0020365/1 003/POLITICS.
28
NA TOA et al.
February 13,2006
Agenda Item No. 16A8
March 28, 2006
Page 75 of 85
First, a cable franchise is not a unilaterally-imposed instrument but a negotiated contract
between the LF A and the cable operator,32 As a result, any complaints by one party in bilateral
negotiations about delays must be taken with a grain of salt, since any delay can just as easily be
the fault of recalcitrance in that party's negotiating position as it is the recalcitrance of the other.
Put a little differently, we have no doubt whatsoever that Verizon (and any other newcomer)
would be able to obtain local franchises almost as quickly as it wants (and certainly faster than
Verizon and AT&T have to date been able to provide cable service on a commercial basis in the
markets they seek to enter) if the new provider were willing to agree to franchise terms
comparable to those imposed on the incumbent cable operator. 33
Thus, the issue is not whether LF As are eager to grant a competitive franchise to new
providers like the RBOCs; LF As unquestionably are. The issue is how willing parties like
Verizon are to agree to franchise terms that are, as the Cable Act requires, responsive to local
community cable-related needs and interest.
Which brings us to the second point. The touchstone for a particular LF A's current local
cable-related needs and interests is its franchise with the incumbent cable operator.34 In most
cases (unless the incumbent is itself in franchise renewal proceedings with the LF A), that will
32 See, e.g., I C. Ferris & F. Lloyd, Telecommunications Regulation ~ 13.14 [1] (through Release No. 46, Dec.
2005).
33 By "comparable," we do not mean identical. There are certainly areas where a competitive franchise might differ
from the incumbent operator's franchise. Depending on whether the new entrant is a small "overbuilder" or an
ILEC, for instance, there may be reasons to impose different buildout requirements on the newcomer. There also
may - again, depending on local facts and circumstances - be reasons to monetize PEG and I-Net obligations and
transform them into a per-subscriber or gross revenue percentage arrangements. But with respect to some aspects of
a franchise, there would seem to be no rational basis for distinguishing between the incumbent and the newcomer.
Examples here would include the number of PEG channels, the franchise fee revenue base and percentage amount,
and enforcement provisions.
34 Again, this does not necessarily mean the newcomer's franchise must be the same as the incumbent's, see note
33, supra, but the incumbent's franchise certainly is the logical starting point for determining local cable-related
community needs and interests.
29
NATOA et al.
February 13,2006
Agenda Item No. 16A8
March 28,2006
Page 76 of 85
mean that an LF A will look to the current incumbent's franchise as a measuring stick for the new
entrant's franchise.
Verizon, on the other hand, appears to have a different starting point for negotiations. It
instead wishes that each LF A would adopt V erizon' s own "form" local franchise with as few
modifications as possible, so that Verizon's franchises across the country can be as uniform as
possible, While Verizon's preference is certainly understandable from its business point of view,
what is not reasonable is for it to complain about delays in negotiating franchises while, at the
same time, it insists in negotiations with LF As that its franchise must be based on V erizon' s
national model rather than one that is based on the LF A's own particular local cable-related
needs and interests, as the Cable Act requires. Verizon's complaints about supposed "delay" in
the franchising process are thus, in many respects, really a complaint about the local community
needs-based model of franchising that is one of the cornerstones of the Cable Act. 47 U,S.c.
S 521(2). The FCC should not, and cannot, rewrite the Cable Act to suit industry's preferences.
IV. THE NPRM'S PROPOSED RULES ARE BEYOND THE
FCC'S AUTHORITY TO ADOPT AND WOULD BE
ARBITRARY AND CAPRICIOUS.
In Part m(C) of the NPRM, the Commission solicits comments on possible rules it might
adopt concerning S 621(a)(1). As noted above in Part I, we do not believe that the FCC has
jurisdiction to adopt rules implementing or construing S 621 (a)(l) or to enforce S 621 (a)(l), and
that even if it did, any FCC interpretation ofS 621(a)(l) would be entitled to no deference by the
courts. The balance of our comments in this section is subject to that caveat.
A. Section 621(a)(1) Prohibits Only The Denial of A
Competitive Franchise.
While admitting that S 62 1 (a)(l) prohibits only the "unreasonable refus[al] to award an
additional competitive franchise" (emphasis added), the NPRM nevertheless tentatively
30
NATOA et al.
February 13,2006
Agenda Item No. 16A8
March 28, 2006
Page 77 of 85
concludes that the FCC is empowered to rewrite that language and expand the scope of
S 621(a)(I) to reach the "establishment of procedures and other requirements that have the effect
of unreasonably interfering with the ability of a would-be competitor to obtain a competitive
franchise, either by (1) creating unreasonable delays in the process, or (2) imposing unreasonable
regulatory roadblocks. . . ." NPRM at ~ 19.
But that is not what S 62 1 (a)(l) says. As courts have recognized, S 621 (a)(l) requires
that a franchise application must be denied.35 Any doubt on this point is removed by the last
sentence of S 621 (a)(l):
Any applicant whose application for a second franchise has been
denied by a final decision of the franchising authority may appeal
such final decision pursuant to the provisions of Section 635 for
failure to comply with this subsection.
47 U.S.c. S 541(a)(1) (emphasis added).
Section 62 1 (a)(1) simply cannot be construed to allow an applicant that is displeased with
the progress of its application to bypass the last sentence of that provision and file a complaint in
court or at the FCC challenging a non-final decision of an LF A. Such an interpretation would
simply, and impermissibly, rewrite S 621(a)(I) to suit the FCC's policy preferences, Congress
"does not , . , hide elephants in mo useho les." Gonzales v. Oregon, 126 S. Ct. 904, 921 (2006). It
is ludicrous to suggest that Congress, having provided that only "final" decisions of the "denial"
of a franchise application may be appealed, somehow intended, sub silentio, to have its own
language gutted by allowing parties to bypass the last sentence of S 621(a)(1) entirely and go
directly to the FCC. 36
35 I-Star, 885 F.Supp. at ] 042.
36 The NPRM appears to be trying to attempt to construe S 62](a)(]) in a manner analogous to the way some courts
have broadly construed 47 U.S.c. S 253(a)'s "may prohibit or have the effect of prohibiting" language, see City of
Auburn v. Qwest Corp., 260 F.3d ] ]60 (9th Cir. 200]), certdenied, ]22 S.Ct. 809 (2002). But even assuming that
S 253(a) can be fairly construed that broadly (and we do not think so), that is of no help to the FCC here, for
31
NA TOA et al.
February 13,2006
Agenda Item No. 16A8
March 28, 2006
Page 78 of 85
B. The NPRM Correctly Recognizes The Important Public
Policy Goals Of Sections 621(a)(3), 621(a)(4)(A) And
621(a)( 4)(B).
While we do not believe the Commission has jurisdiction over these matters, we
wholeheartedly agree with the tentative conclusions reached in paragraph 20 of the NPRM, All
three of the Cable Act provisions to which the NPRM refers - S 621(a)(3)'s requirement of
assurance that access to cable service is not denied due to income, S 621 (a)(4)(A)'s requirement
that an operator be given "a reasonable period of time to become capable of providing cable
services to all households in the franchise area," and S 621(a)(4)(B)'s requirement of adequate
PEG capacity facilities and financial support - do indeed serve "important public policy goals."
We note, however, that the Cable Act assigns to LF As, not the Commission, the
responsibility of tailoring these requirements to the particular needs of each local community,
1. Franchise Buildout Requirements.
Of course, the S 621(a)(3) prohibition on red-lining and the S 621(a)(4)(A) requirement
of a reasonable time to build out a cable system both relate to a matter of some contention
between Verizon and AT&T, on the one hand, and some LF As on the other. But those two
provisions embody a conscious Cable Act policy of encouraging buildout of cable systems. And
it is a policy that has served the nation well. It bears noting that cable modem service is the most
widely available form of broadband available to Americans today, and local cable franchising
had a hand in that: It was local franchise buildout requirements that required cable operators to
build out their systems on a non-discriminatory basis throughout their franchise territories, a
buildout that, when cable systems were subsequently upgraded to provide broadband, meant that
cable's broadband services would reach the same wide areas that the cable franchise buildout
~ 253(a) on its face uses markedly different, and less specific, language than ~ 621(a)(1). These differences compel
a different, and much narrower, construction of ~ 621 (a)(1).
32
NA TOA et al.
February 13, 2006
Agenda Item No. 16A8
March 28, 2006
Page 79 of 85
requirements had encouraged, It is more than a little ironic that it was the local cable franchising
process, with community-by-community buildout requirements negotiated between LF As and
cable operators, that deployed broadband faster and more widely than state PUC (or FCC)
regulation of telephone carriers.
RBOC opponents of franchise buildout requirements have also mischaracterized the
nature of those requirements. While they do (and should) vary from community to community
based on such factors as geographic size, topography, household density, and neighborhood
dispersion, franchise buildout requirements typically have two critical features that are designed
to make buildout as widespread as possible while, at the same time, accommodating economic
constraints faced by the cable operator.
First, local franchise buildout requirements typically have a household density limitation.
That is, absent a financial contribution by those requesting service in aid of construction, the
operator is not required to build out its system to areas that have a household density below a
certain threshold level. The threshold level varies from community-to-community. Over time, it
also has tended to become lower as potential revenues per subscriber have grown, making
progressively lower density levels more fmancially feasible to build.
Second, local franchise requirements also invariably provide the operator with a time
period to complete building out its system in the franchise area. The period is almost always a
negotiated one between the LF A and the cable operator, and of course will vary depending on
the size of the area to be served, as well as other characteristics. (The larger the area to be
constructed, of course, the more time the franchise will allow for the operator to build out its
system. )
33
NATOA et al.
February 13, 2006
Agenda Item No. 16AS
March 28, 2006
Page 80 of 85
When properly understood, franchise buildout requirements are not "barriers to entry" at
all.3? To the contrary, they should be a problem for the RBOCs only if the RBOCs' business
plans are to provide new service only to selected demographic neighborhoods of a community,
leaving less lucrative neighborhoods in the community only with a lesser, second-class form of
service, or no service at all. 38 But if that is indeed the business plan, then local franchise
buildout requirements will be essential if the goals Congress set forth III 99621(a)(3) and
621 (a)(4)(A) are to be protected.
2. Franchise PEG and I-Net Requirements.
Public, educational and governmental ("PEG") access channel capacity, facilities and
equipment requirements, along with institutional network ("I-Net") requirements, are among the
most vital elements of the local community cable-related needs and interests that the Cable Act
was designed to preserve and protect. Because they are based on each community's own unique
local needs, PEG and I-Net requirements vary considerably from community to community,
And that is precisely what Congress intended, See pp. 12-13 supra. PEG and I-Net facilities and
equipment requirements come in many forms - sometimes they are in-kind, sometimes they are
monetary, and sometimes they are a mix of both. Monetary PEG and I-Net obligations also vary;
they can be in lump sum form, in periodic lump sum payment form, some sort of variable cost
form (typically per-subscriber or a percentage of gross revenues), or some combination of both.
Because PEG and I-Net franchise obligations are reflective of local community needs, a
competitive franchise applicant should also be required to serve those same needs, and in a
37 NPRM at ~ 23. That ILEC service areas do not coincide perfectly with LF A jurisdictional boundaries is a red
herring. The number of places where that is true is not significant at all. And even where that occurs, there is no
evidence that LF As are in the habit of insisting that ILECs build out areas outside their local telephone service areas.
The issue has been raised by industry to divert attention from the real issue. Should ILECs be required to offer cable
service in the same areas they offer telephone service? We think the answer should be "yes."
38 As the NPRMnotes, it appears that is the plan of AT&T. See NPRM at ~ 6 & nn. 36-37.
34
NA TOA et al.
February 13, 2006
Agenda Item No. 16AS
March 28, 2006
Page 81 of 85
manner comparable to the incumbent operator.39 What constitutes "comparable" will vary
because each community's needs vary, and thus generalizations are difficult to make. These
matters are therefore particularly unsuited to any "one-size-fits-all" solution. The FCC's only
role, if any, should be to make clear that all cable operators, whether incumbent or not, have an
obligation to meet, on a fair and equitable basis, the PEG and I-Net needs of each LF A area they
serve.
C. The FCC Has No Authority To Adopt Rules Or Best
Practices Concerning Section 621(a)(1).
The NP RM s suggestion (at ~ 21) that the Commission might adopt rules or "best
practices" guidelines under S 621 (a)(1) is misguided, as a matter of both law and policy.
Congress deliberately assigned the FCC a very limited role under Title VI, giving primacy
instead to the role of LF As.40 Title VI certainly cannot plausibly be construed to grant the FCC
authority to become a sort of national franchising authority or national LF A oversight board,
either generally or, particularly, in the case of local franchising decisions under S 621 (a)(1 ).41
Yet that is precisely, and improperly, what adoption of Commission rules or "best practices"
with respect to S 621(a)(1) would be.
Setting a "maximum timeframe" within which an LF A must act on a competitive
franchise application (NPRM at ~ 21) is wrong-headed. As an initial matter, the NPRMs
reference (at n.80) to the 120-day deadline for LFAs to act on franchise transfer applications
under S 617, 47 U.S.C. S 537, actually confirms that the FCC has no authority to set such a
deadline in the case of S 621(a)(1). In stark contrast to what it did in S 621(a)(I), Congress set a
39 See note 33 supra.
40 See pp. 10-15 supra.
41 ld. We are aware, of course, that legislation has been introduced in Congress that would transform the FCC into
a sort of national franchising authority for broadband video service providers. While we philosophically disagree
with those legislative proposals, they prove our point: The drastic rewriting of the Communications Act required to
do what the NPRM proposes is the job of Congress, not an unelected FCC.
35
NATOA et a1.
February 13,2006
Agenda Item No. 16AS
March 28, 2006
Page 82 of 85
specific statutory deadline in S 617 and then went on to grant the FCC authority to prescribe
regulations implementing that deadline, 47 U.S.C. S 537.
In the case of S 621(a)(1), of course, Congress did neither, and instead prescribed, in both
S 621(a)(I) and S 635(a), that relief for violations of S 621(a)(1) must be sought in the courts, not
from the FCC. Yet if, as the NPRM suggests, the FCC can rewrite S 621(a)(1) to make it read
like S 617, then the words of S 621 (a)(1), and of S 617, would have no meaning at all.
Furthermore, even if the FCC could prescribe a deadline under S 621 (a)(1) (which it
cannot), it would be bad policy. If an applicant knows that its franchise will be "deemed
granted" within a set number of days, it has little or no incentive to bargain in good faith with an
LF A. On the contrary, it will have an increased incentive to stonewall.
Moreover, a deadline to act and a "deemed granted" effect of inaction also would provide
franchise applicants with an affirmative incentive to delay applying for the required local
franchise until the last minute. This is because in most cases, due to state and local law public
notice and hearing requirements for LF A action, the applicant will know that it will be
impossible for the LF A to act within the prescribed FCC deadlines. In these circumstances, it
might be in the applicant's interest to delay any local application until the last minute, knowing
that the result is likely to be a "deemed granted" approval.
A prescribed deadline for action also would create perverse incentives for LF As. Rather
than encouraging LF As to work with franchise applicants in reaching a mutually acceptable
franchise agreement, a deadline and "deemed granted" proposal would encourage LF As to act
quickly and either deny a provider's franchise application or unilaterally grant it on terms that
the applicant is unwilling to accept. The reason is obvious: Facing a deadline and a headstrong
applicant in franchise negotiations, the only way that an LF A could preserve any ability to
36
NATOA et al.
February 13, 2006
Agenda Item No. 16A8
March 28, 2006
Page 83 of 85
exercise its Cable Act-protected authority to ensure that a cable operator meets local community
needs and interests would be either to deny the application or grant it in the LFA's unilaterally
imposed terms.
Only by acting precipitously on the application in this way could the LF A avoid the
"deemed granted" effect of failing to act before the deadline lapsed. While any such denial or
unilateral grant would of course be subject to challenge by the applicant before a court under
S 621(a)(1), such litigation would at least still hold out the possibility of preserving the LF A's
ability to protect local cable-related community needs and interests.
It is therefore difficult to see how a mandatory deadline that would encourage greater
confrontation and litigation between LF As and franchise applicants could serve the
Commission's goal of promoting competitive franchises. Rather, a mandatory deadline would
likely bog LF As and franchise applicants down in more litigation. The result would be the worst
of all possible worlds: possible frustration of both S 621(a)(I)'s pro-competitve objectives and,
at the same time, the Cable Act's touchstone that franchises be tailored to meet local
cable-related need and interests.
D. That A Franchise Applicant May Already Be In The
Rights-Of-Way Does Not Change The Cable Act
Requirement That A Cable Operator Must Satisfy
Local Cable-Related Needs And Interests.
The NPRM (at,-r 22) questions how what it claims is the "primary justification for a cable
franchise" - an LF A's "need to regulate and receive compensation for the use of public
rights-of-way" - "applies" in the case of franchise applicants, such as ILECs, that are already
authorized to use those rights-of-way ("ROW") to provide telephone service, This question
reflects a disturbingly flawed and crabbed understanding of the public obligations embodied in
local cable franchising that the Cable Act preserves,
37
NATOA et al.
February 13,2006
Agenda Item No. 16AS
March 2S, 2006
Page 84 of 85
To be sure, the fact that a competitive franchise applicant is also the local ILEC will have
an effect on the local franchising process. In the case of a local ILEC applicant, for instance,
inquiry into the applicant's fmancial, technical and legal qualifications can usually be dispensed
with. Similarly, in those local jurisdictions where ROW management requirements are imposed
through generally applicable ordinances, rather than through individual franchise agreements
(which is not true in all communities), ROW management issues in a cable franchise agreement
with the local ILECs may also be truncated.
But an applicant's status as a 10callLEC would have little or no affect on other aspects of
cable franchising. PEG and I-Net requirements, for example, would be unaffected. The same
would be true of franchise fee requirements, customer service standards, buildout requirements
and police power requirements. In the case of build out requirements, an applicant's ILEC status
may in fact mean that such requirements are more justified, and less of a supposed "barrier to
entry" (NPRM at ,-r 23), than in the case of a competitive franchise applicant with no pre-existing
facilities in the LF A's jurisdiction and with far less financial wherewithal than an ILEC. For a
small applicant with no pre-existing facilities, a jurisdiction-wide buildout requirement may
indeed make entry more difficult in some large jurisdictions. In the case of an ILEC, however, it
is difficult to see what policy would be served by allowing the lLEC to do with cable service
what it cannot do with telephone service: selectively and discriminatorily favor some of its
existing customer base over others.
PEG, I-Net, franchise fee, buildout, and customer servIce requirements are, III an
economIC sense, a form of compensation for use of the ROW to provide cable serVIce, as
opposed to use of the ROW to provide other kinds of utility services (to which, of course,
different social obligations may attach), And they are requirements that the Cable Act has
38
NATOA et al.
February 13, 2006
Agenda Item No. 16AS
March 28, 2006
Page 85 of 85
decreed are necessary if a cable system is to be truly responsive to local community needs and
interests. This structure ensures that at least one form oflocal media is in fact locally-responsive
in what has become an era of increasingly consolidated, "cookie-cutter" national media. That,
we submit, is a very valuable public benefit that the Cable Act rightly, and as it turns out,
presciently preserves,
CONCLUSION
For the foregoing reasons, the Commission should not adopt any rules or guidelines to
implement or enforce S 621(a)(1).
Respectfully submitted,
/s/ Tillman L. Lay
James N. Horwood
Tillman L. Lay
Ruben D. Gomez
SPIEGEL & McDIARMID
1333 New Hampshire Avenue, N.W.
Second Floor
Washington, D.C. 20036
(202) 879-4000
Counsel for NA TOA et al.
February 13, 2006
39
NA TOA et al.
February 13, 2006
Agenda Item No. 16A9
March 28, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Requesting that the Collier County Board of County Commissioners deny the request for a Land
Development Code Special Cycle to specifically amend the Bayshore and Gateway Triangle
Mixed Use District (MUD) Overlays in order to adopt an administrative deviation process.
These overlay zoning district regulations were recently amended and adopted to guide
redevelopment in the Bayshore/Gateway Community Redevelopment Area,
OBJECTIVE: Requesting that the Collier County Board of County Commissioners deny the
request to amend the Bayshore and Gateway Triangle Mixed Use District (MUD) Overlays for
provisions for an administrative deviation process during the LDC Special Cycle 2006 1 a.
Instead, the Bayshore and Gateway Triangle Mixed Use District (MUD) Overlay amendments
will be introduced in the current regular LDC amendment cycle.
CONSIDERA TIONS: The Board of County Commissioners (Board) has directed that staff
request a LDC Special Cycle to amend the Bayshore and Gateway MUD overlays to include
provisions for an administrative deviation process.
However, after further discussion among County staff, the Executive Director of the Community
Redevelopment Agency Advisory Board and a potential applicant, it was agreed that the
potential problems facing an upcoming project within the overlay could be resolved by
amendment of the overlay standards during the current LDC Cycle 2006-1. The identified
changes will be introduced as LDC amendments in the current regular cycle; and it was the
consensus that such changes will most likely not include the need for a publicly vetted
administrative deviation process,
FISCAL IMP ACT: No fiscal impact is anticipated if the Board does not approve the LDC
Special Cycle request. If a Special Cycle is approved, the applicant will be required to pay the
appropriate fee for the requested amendments and advertising costs,
GROWTH MANAGEMENT IMP ACT: None. The adopted overlays were found to be
consistent with the Growth Management Plan.
STAFF RECOMMENDATION: To deny the request for the Special LDC Amendment Cycle
for the reasons set forth above; and to concur with the Executive Director and staff's proposed
approach in lieu of approval of an additional LDC Special Cycle in 2006.
PREPARED BY:
Catherine Fabacher, Principal Planner, LDC
Zoning & Land Development Review
-
Page 1 of 1
Agenda Item No. 16A9
March 28,2006
Page 2 of 4
From: PDIMRF@aol.com [mailto:PDIMRF@aoJ.com]
Sent: Tuesday, March 21, 2006 4:29 PM
To: murray_s
Cc: FabacherCatherine; JacksonDavid; PDISMF@aol.com
Subject: Bayshore / Gateway Deviation Provision: Special Cycle
Susan,
I met with our clients this afternoon to review the meeting notes of yesterday's meeting with you,
Catherine and David. They have accepted our recommendation to accept your proposal to
process the MUP and SDP concurrently with your normal LDC Amendment Cycle which is
expected to be completed in October/November and prior to the anticipated issuance date of the
SDP (Jan.'07) for Arboretum Village.
This assumes your representations that Staff can and shall accept the associated MUP and SDP
applications and process them with consideration of the deviations, as discussed, pending final
approval of the implementing LDC Amendment Regular Cycle Text Amendment required for
deviation consideration. We understand that this is similar consideration given to SDP's pending
favorable consideration of a rezone by the Board of County Commissioners.
We are anxious and available to work with you and your Staff in the development of the devaiton
text amendment language. Please advise when you and/or Catherine and David wish to meet.
Looking forward to the opportunity.......
Regards,
PLANNING DEVELOPMENT INCORPORATED
Development Consultants, Civil Engineers, Planners and Landscape Architects
5133 Castello Drive, Naples, Florida 34103 239.263.6934 / 239.263.6981fax
Michael R. Fernandez, AICP
President
Agenda Item No. 16A9
March 28, 2006
Page 3 of 4
COLLIER COUNTY
BOARD DF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A9
A request that tne Collier County Board of County Commissioners approve LOC Special
Cyclf: 2006 18 to amend the 8a~'shore and Gateway Triangle Mixed Use District (MUD)
Overlays wilt' the addition of an 2ldrninislrative deviation process. Ttlese overlays were
recently adopteti to gUide redevelopment in the Bayshore/Gateway Community
Redevelopmem Area
Meeting Date:
3128/2U06 9'00:00 AM
Approved B~'
Susan Murray, AICP
Zoning & land Development Director
Date
Community Df'velopmf>nt &
Environmental Services
Zoning & Land Development Review
3/221200611 :58 AM
Approved 8)"
Sandra Herrera
Legal Secretary
Date
County Attorney
County Attorney Office
3/22/20061:15 PM
Approved By
MMjorie M. StlJoent.Stirling Assi~tanl County Attorney
Date
County Attorney County Attorney Office
3/22/20061:18 PM
Approved By
Constance A. Johnson Operations Analyst
Community Development & Community Dl!velopment &
Environmental Services Environmental Services Admin.
Date
3/22/20061:26 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services.
Community Development &
Environmental Services Admin.
3/22120061:31 PM
Approved By
Leo E. Ochs., Jr.
Deputy County Manager
Date
Board o~ County
Commis.sioners
County Manager's Office
3/22.120061 :38 PM
Agenda Item No. 16A9
March 28, 2006
Page 4 of 4
PROPOSED LDC AMENDMENT SCHEDULE - 2006 SPECIAL CYCLE lA
Amendment Submittal Deadline Friday April 7 by COB
Staff Review Friday April 21 8 :30 a.m.
Packets to EAC & DSAC Monday April 24 12:00 p.m.
EAC Monthly Meeting Wednesday May 3 9:00 a.m.
DSAC Monthly Meeting Wednesday May 3 3:30 p.m.
Packets to CCPC Thursday May 4 9:00 a.m..
CCPC Meeting* Thursday May 18 8:30 a.m.
Packets to BCC Tuesday June 6 9:00 a.m.
BCC LDC Meeting 1 Thursday June 20** 9:00 p,m,
* If an additional hearing is requested by the CCPC, it will be at the Thursday, June 1 regular meeting
** Ifregular BCC meeting agenda is too full, hearing will be moved to July 11
Community Development & Environmental Services
Agenda Item No. 16B1
March 28, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to award Contract #06-3905 "Fixed Term Road Safety Audit
Services" to three (3) firms at an estimated cost of $180,000 annually.
OBJECTIVE: To obtain Board approval of the new annual professional services
contracts for "Road Safety Audit" services for the purpose of taking a proactive step in
providing an invaluable tool in providing impartial safety audit findings into the design of
projects to address public safety concerns.
CONSIDERATIONS: With public safety a high priority in roadway design, it is an
invaluable tool to be able to obtain impartial safety audits and be able to incorporate the
findings into the design of projects. A "Road Safety Audit" (RSA) is a formal safety
performance examination of an existing or future roadway or intersection by a team of
transportation professionals. The Federal Highway Administration (FHW A) is promoting
the use of RSA to enhance the safety of our nation's highway system and to save lives.
Collier County recently conducted three Road Safety Audits under a case study program
through FHW A, and found the process to be extremely beneficial. Given the significance
of safety, staff recommends that we perform RSA's for all projects to enhance sight
distances, establish proper turn lane lengths, and evaluate the interaction of vehicles
pedestrians and bicycles. By pursuing RSA's, Collier County will be in the forefront of a
new and effective program to promote transportation safety,
A Request for Proposal (RFP) was issued for the purpose of establishing a group of
prequalified firms capable of providing professional "Road Safety Audit" services to the
County under a continuing annual contract. Firms were prequalified by the Request for
Proposal #06-3905.
The RFP was issued in accordance with Florida Statutes, Section 287.055, Consultant
Competitive Negotiation Act, and was publicly advertised in October, 2005. Notices
were advertised, and responses were received from six (6) firms by the due date of
November 16, 2005.
A Selection Committee meeting was held. Following review, scoring and discussion of
proposals from the RFP, a consensus of the members of the Selection Committee
selected and ranked the top three (3) firms for annual contract negotiations. Upon Board
approval, contracts will be delivered to the top three (3) firms. The top three (3) firms
selected are:
1. Kittelson & Associates, Inc.
2. Vanesse Hangen Brustin, Inc.
3. TBE Group, Inc.
,.-.'.
Contract negotiations have been successfully completed by staff for the three (3) short-
listed firms at this time, All three (3) firms have agreed to a standardized fee schedule for
Agenda Item No. 1681
March 28, 2006
Page 2 of 3
their services, which staff believes will provide the opportunity for an equitable and fair
distribution of work.
FISCAL IMP ACT: The estimated fiscal impact associated with the use of the Road
Safety Audit annual contract is between $7,000 and $15,000 per work order, billed to the
individual project budget or operating cost of the department contracting the services on
a project by project basis.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact
associated with the ranking of these firms.
RECOMMENDATION: That the Board of County Commissioners approve the
negotiated contracts \\-lth the three top ranked firms, and authorize the chairman to sign
each agreement on behalf of the county .
Prepared By: Michael A. Greene, E.I.T., Project Manager, TE&CM Department
Attachments: Contracts (3)
;,......
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 1681
March 28, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1681
Recommendation to award Contract #06-3905 Fixed Term Road Safety Audit Services" to
three fIrms at an estimated cost of $1 80,000 annually.
3/28/20069:00'00 AM
Date
Prepared By
Michael Greene
Transportation Services
Project Manager
Transportation Engineering &
Construction Management
2113/200611 :45:40 AM
Date
Approved By
Michael Greene
Transportation Services
Project Manager
Transportation Engineering &
Construction Management
3/212006 1 :59 PM
Dale
Apprond By
Gary Putaansuu
Transportation Services
Senior Project Manager
Transportation Engineering and
Construction
3/2i2006 2:06 PM
Contract Specialist
Date
Approved By
Rhonda Rembert
AdministrativE! Services
Purchasing
312/20062:36 PM
Usa Taylor
Management/Budget Analyst
Date
Approved By
Tmnsportation Services
Transportation Administration
3/2/200& 2:49 PM
Approved By
Steve Carnell
Administrative Services
Purchasing!General Svcs Director
Date
Purchasing
3/2120063;34 PM
Norm E. Fp.der, Ale?
Date
Approved By
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
3/6/2006 7 :29 AM
Approved By
Najeh Ahmad
Transportation Services
Director
Date
Transportation Engineering &
Construction Management
3/7/2006 7 :40 AM
Pat Lohnhard
Executive Secretary
Date
Approved By
Transportation Services
Transportation Services Admin
J!8f2006 8:45 AM
Approved By
OMS Coordinator
County Manager's Office
Administrative As.sistant
Date
Offic€ of Management & Budget
3/15/2006 8:31 AM
Budget Analyst
Date
Approved B}'
Mar~. Isackson
County Manager's Office
Office of Management & Budget
3i1512006 B:31 AM
Date
Approved By
Michael Smykowski
County Mannger's Office
Management & Budget Director
Office of Managt'!lllf!'flt &. Budget
3!16.'2006 2:44 PM
Leo E. Ochs, Jr.
Date
Appro"'cd By
Board of County
CommIssioners
DGputy County Manager
County Manager's Office
3/16/20063:27 PM
Agenda Item No. 16B2
March 28, 2006
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to accept a Quitclaim deed for Livingston Road and Radio Road
Rights-of-Way. No fiscal impact.
OBJECTIVE: To accept a Quitclaim Deed from Briarwood Shopping Center, LLC, to
portions of Livingston Road and Radio Road rights-of-way.
CONSIDERATION: Briarwood Shopping Center, LLC, the owner of the lands
comprising the plat of Briarwood Plaza, as recorded in Plat Book 17, Pages 24 and 25, of
the official records of Collier County, Florida, desires to quitclaim any and all of their
remaining interest in the lands encumbered by the County's existing road right-of-way,
sidewalk, drainage and utility easements for the abutting portions of Livingston Road and
Radio Road, in order to fulfill a condition of the purchase of the Briarwood Plaza
property by Lowe's Home Centers, Inc.
Acceptance of the quitclaim deed from Briarwood Shoppjng Center, LLC, will place no
burden on Collier County beyond that already shouldered as the holder of the existing
easements.
FISCAL IMP ACT: None, Recording fees to be paid by Grantor.
,".-~,
GROWTH MANAGEMENT IMP ACT: There is no Gro\vth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners accept the
Quitclaim Deed from Briarwood Shopping Center, LLC,
Prepared by: Joan M. Smith, Property Acquisition Specialist
TECM Right-of-Way
Attachments: (1) Quitclaim Deed; (2) LegaVSketches (2)
.-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1682
March 28, 2006
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMM'SSIONERS
16B2
Recommendation to accept a quitclaim deed for Livingston Road and Radio Road righls~Qf~
way_ No fiscal impact.
3128/20069:00'00 AM
Date
Prepared By
Joan Smith
Administrative Services
Property Acquisition Specialist
TEeM-ROW
31112006 9:33:56 AM
Norm E. Feder, AICP
Date
Approved By
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
3/2120067:28 AM
Approved By
Lisa Taylor
Transportation Services
Management/Budget Analyst
Dale
Transportation Administr~tion
3/2120062:48 PM
Accounting Supervisor
Date
Approved By
SharDll Newman
Transporti'llion Services
Transportation Services Admin
316/20065:15 PM
Director
Date
Approved B}"
Najel1 Ahmad
Transportation Services
Transportation Engineering &
Construction Mltnagement
317120067;39 AM
Kevin Hendricks
Date
Appro,,'cd By
Transportalion Services
Right Of Way Acquisition Manager
TECM~ROW
3110/2006 1 :21 PM
Approved By
Pat Lehnhard
Tr,msportil!ion Services
Executive Secretary
Date
Transportation Services Admin
3/10/2006 1 :34 PM
Administrative Assistant
Date
Approvcd By
OMB Coordinator
County Manager's Office
Office of Management & Budget
3/1 512006 8 :27 AM
Mark Isackson
Budgot Analyst
Date
Approved By
County M:m.:lg(~r's Office
Office of Management & Budget
3:15120068:52 AM
Approved By
Jam!!s V. Mudd
Board of County
Comrni5~.ionf.lrs
County Manager
Date
County Manager's Office
3/16/20062:07 PM
Agenda Item No. 1682
March 28, 2006
Page 3 of 7
Prepared ByIRetum To:
Bruce E. Sands, Esquire
Henderson, Franklin, Starnes & Holt, P.A.
1715 Monroe Street
Post Office Box 280
Fort Myers, Florida 33901-0280
PROJECT:
PARCEL:
FOLIO:
QUITCLAIM DEED
THIS QUITCLAIM DEED executed this L/ ~ day of November, 2005, by
BRIAR WOOD SHOPPING CENTER, LLC, a Florida limited liability company
whose post-office address is 12810 Tamiami Trail North, Naples, FL 34110
(hereinafter called the Grantor), to Collier County, a political subdivision of the State ofFlorid~
its successors and assigns, whose post-office address is 3301 Tamiami Trail East, Naples, Florida
34112 (hereinafter called the Grantee):
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrwnent and their respective heirs, successors and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars
($10.00) in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does
hereby remise, release, and quitclaim unto the said Grantee forever, all the right, title, interest,
claim and demand which the said Grantor has in and to the following described lot, piece or
parcel ofland situate, lying and being in Collier County, Florid~ to wit:
SEE EXHIBIT "A" attached hereto and made a part hereof,
Subject to easements, restrictions, and reservations of record.
TO HA VE AND TO HOLD the same together with all appurtenances thereunto belonging
or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim
whatsoever of the said Grantor.
Agenda Item No. 1682
March 28, 2006
Page 4 of 7
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day
and year first above written.
Signed, sealed and delivered
in the presence of:
GRANTOR:
Briarwood Shopping Center, LLC, a Florida
limited liability company
1 t\_ ~..~ ) (h ,OJ~~
Print: K(dH'< (j .A ('\ \ f'...tJl
~~
Print: ~ Pk.. li,pc ~~ pso,,",
By:_. ~~~ ---
Stephen V. RobiSOn, Manager
Date: frl...'1 - ()S-
ST ATE OF FLORIDA
)
) SS:
)
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 3rd day of November, 2005,
by Stephen V. Robison, the Manager of Briarwood Shopping Center, LLC, a Florida limited
liability company, on behalf of the company, t;o) who is personally known to me OR ( ) who
produced as identification.
~iJ-6 A Q fVJ (?J . (;)~J~j--
Notary Signature
...
~f'j~ KAREN B AN<NEf
i.. :~ MY COMMISSION 11 DO 254795
. . - EXPIRES: December 20. 2007
, Bc>nded Thnl NOlIry Pulllic Undllwrlt8rs
Print Notary Name
NOTARY PUBLIC
State of Florida at Large
My Commission Expires:
# 1371 626
2
Agenda Item No. 1682
March 28, 2006
Page 5 of 7
EXHIBIT" A"
LEGAL DESCRIPTION
A PORTION OF TRACT "A" OF "BRIARWOOD PLAZA", ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 17, PAGES 24 AND 25, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 31, TOWNSHIP
49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE
NORTH 00016'23" EAST ALONG THE WEST LINE OF SAID SECTION 31, A
DISTANCE OF 75,07 FEET; THENCE NORTH 87046'05" EAST, A DISTANCE
OF 100.10 FEET TO THE POINT OF BEGINNING: THENCE NORTH 00016'23"
EAST, A DISTANCE OF 45.00 FEET; THENCE SOUTH 45058'46" EAST, A
DISTANCE OF 62.23 FEET: THENCE SOUTH 87046'05" WEST, A DISTANCE
OF 45.00 FEET TO THE SAID POINT OF BEGINNING.
CONTAINING 1 ,011.53 SQUARE FEET OR 0,023 ACRES, MORE OR LESS.
AND
THE WESTERLY 1 00 FEET AND THE SOUTHERLY 25 FEET OF TRACT "A"
OF "BRIARWOOD PLAZA", ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 17, PAGES 24 AND 25, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
.j
"
0,
10
TRACT P (PRESERvE AROo) i i
"
"
o.
: .....~
TRACT n-l
(ROCREA 1101'1)
~~.A.~WOI;r;D Q'N'I<.-1J.' O~
PI "T ilOOK ' n. ? ~CE!l -40-4~
WESTERLY 100 FEET
oF' TRACT "A"
TRACT B-1
tMlA.lI-rMoIILI'}
WliSTI.IIlE
oF SEcn~
JI....i-U
~.~;WOQ:f') ~:Jr..a.~~.
PLAT aOOK 17. PADt 2+
a i
1.1 ::
I
~
z
o
rn
~
z
5
TRACT Ir 1
(LAKE O.E.)
--..-..-------.. ...--
--- ...-... ..-_... ~ -...
_n..._....____.._....._.
SClll1Hl\EST COIlNER oF
llEt1\OH 31 ~"'-u
\
\ t
~I @ '1'0111I5III1' '!!..!."!!:I..--
____~-----------~-eo JOtmI
(D,@
,
,
RADIO Rom
-------------
----------_.~------
......-------
--- (COUNTY' ROm 1'10, 65U)
E
"-
'"
....
.;,:
I
I
~ DESCRIPTION:
o
C'oI
8' THE WESTERLY 100 FEET AND THE $OUTHERL Y 25 FEET OF TRACT "A" OF "SR/ARWOOD PLAZA",
~ ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17. PAGES 24 AND 25, OF THE
Z PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA.
~
E
c;;- LEGEND:
g P.O.C. INDICATES POINT OF COMMENCEMENT
C5 P.O.B. INDICATES POINT OF BEGINNING
,d O.R.8. INDICA TES OFFICIAL RECORD BOOK
e
GRAPHIC SCALE
'"
~.
~
~ NOTES:
~ 1. THIS IS NOT A SURVEY
t!. 2. BEARINGS ARE BASED ON THE FLORIDA
8 STATE PLANE COORDINATE SYSTEM, FLORIDA
~ EAST ZONE. THE SOUTH LINE OF SECTION 31
* HAS A REFERENCE BEARING OF SOUTH
~ 87"46'05" wEST.
g 3. SUBJECT TO EASEMENTS. RESERVATIONS
~ AND RESTRICTIONS OF RECORDS.
I
~
200' O'
~
100'
I
200'
I
(, IN FEET )
1 inqh ... 200 ft.
CERT~rrCA~ro~:' ( . _
~~, t-h:...l~..
Thome~ M...H1lndf)". (FQr .the. Eirm ~
ProfesslonE!! ~end 'SUI]'r f'locido Certrfic<1~e No. 5281
Date S'ign"d: . IC :0.11. e.t'__-.::--
Not valid wfttl'out th.1 ign'ett"'e ond th~ o~iginaJ raised
seal of 0 Floridg Licensed ~\.lrveYClr end Mapper
]OHNS$N
ENGINEERING
2:.'550 STANFORD COURT
NAPLES. R.ORIDA 34-112
PHONE (239) 431--0046
FAX (239) q.34-9320
E.B. #542 &; LB. fl642
SKETCH AND ,DESCRIPTION
DATE
11(2005
UJ
~I'
pi b
~ If)
. I" P.G.C.
g SOuTHWEST CORNER OF
Z rSECllON 31-49-~6
) RADIO ROAD
1/ (COUNTY ROAD NO-:-856)"
I
WEST LINE OF I
SECTION
31-49-26
"I
z
o
~A
m<
c.!JO
Z~
~
>
~
H
NBT46'05"E
_..;.......-.
100.10'
DESCRIPTION:
Agenda Item No. 16B2
March 28, 2006
I
',' ~.
~:: I' .1
-. :~. "-
TRACT A
~R~....aW@@D PLA9A
PLAT BOOK 17, PAGE 24
<.
'"
0.023 ACRES, + /-
. _.---
'. .r.
-.', ". "
P.G.B.
75'
SOUTHERLY 25 FEET
OF TRACT. A"
A PORllON OF TRACT "A" OF "BRfARWOOD PLAZA", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 17, PAGES 24 AND 25, OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA, BEING MORE
ij PARTICULARL Y DESCRIBED AS FOLLOWS:
"
>'"l
r:.:
<n
o
c
N
COMMENCE AT THE SOUTI-lWEST CORNER OF SECllON 31, TOWNSHIP 49 SOUTH. RANGE 26 EAST, COLLIER
COUNTY, FLORIDA; TIiENCE NORTH 00'16'2:3" EAST ALONG THE WEST UNE OF SAID SECTION 31, A DISTANCE OF
75.07 FEET; THENCE NORTH 8T46'05" EAST. A DISTANCE OF 100.10 FEET TO THE POINT OF BEGINNING:
THENCE NORTH 0016'2.3" EAST, A DISTANCE OF 45.00 FEET; THENCE SOUTH 45.58'46" EAST, A DlSTANCE OF
o 62.23 FEET; THENCE SOUTH 87"46'05" WEST, A DISTANCE Of 45.00 FEET TO THE SAID POINT OF BEGINNING.
>
-i!
CONTAINING 1,011.53 SQUARE FEET OR 0.023 ACRES, MORE OR LESS.
GRAPHIC SCALE
~
:s
<i:' LEG END:
;: P.O.C. INDICATES POINT OP COMMENCEMENT
g P.O.B. INDICATES POINT OF BEGINNING
Qt O.R.B. INDICATES OFFICIAL RECORD BOOK
"
~ NOTES:
~ 1. THIS IS NOT A SURVEY
i;i 2. BEARINGS ARE BASED ON THE FLORIDA
g STATE PLANE COORDINATE SYSTEM, FLORIDA
~ EAST ZONE. THE SOUlli LINE OF SECnON .31
~ HAS A REFERENCE BEARING OF SOUTH
r-
:R 87.46'05" WEST.
[5 3. SUBJECT TO EASEMENTS. RESERVATIONS
~ AND RESTRICllONS OF RECORDS.
III
....
,ENGINEERING
2350 STANFORD COURT
NAPLES. FLORIDA 34-11 Z
PHON!:: (239) 'l-3<+-OO~6
FAX (239) '1-]+-9320
E.B. JlI642 &: L.B. (1642
~
30' 0'
~--~
30'
I
15'
r
.< IN FEET )
1 inch = 30 ft.
CERTIFICATro~
Thomos~: t;:-; the Firm '!t42)
Professional Lond Survey'or Florida Certificate No. 5281
Dote Signed: III p:/ /0 (
Not valid with~gnat&re and the original ro/sec1
seol of 0 Aorida Licensed SLlrYeyor end Mapper
SKETCH AND DESCRIPTION
DATE SH&..\
10/2005 1 OF 1
Agenda Item No. 1683
March 28, 2006
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to approve a budget
amendment to recognize revenue received for the Collier County Transportation
Disadvantaged Program in the amount of $26,804.73.
OBJECTIVE: To obtain approval from the Board of County Commissioners to approve a
budget amendment to recognize revenue received for the Collier County Transportation
Disadvantaged Program (project 31427) in the amount of $26,804,73,
CONSIDERATIONS: Funds were received and deposited into project 31427, County
Transportation Disadvantaged funds, in the amount of $22,756.74 from A TC invoice
reimbursement and $4,047.99 from Workforce Council that was invoiced for Hurricane
Shuttle Assistance, for a total of $26,804.73. These funds were deposited in Transportation
Disadvantaged Fund (427) and must be recognized and appropriated for future Para-transit
servIces,
FISCAL IMP ACT: Revenue in the amount of $26,804.73 was deposited in Transportation
Disadvantaged Fund (427). A budget amendment is required to recognize and appropriate the
revenue received.
GROWTH MANAGEMENT IMP ACT: There IS no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve all necessary
budget amendments.
Prepared By: Blanca Nieves, Administrative Assistant, Alternative Transportation Modes
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16B3
March 28, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMM'SSIONERS
1683
Recomrnendallon for tile Board of County Commissioners to approve a budget amendment
10 recognize revenue received for the Collier Coumy Transportation Disadvantaged Program
in the amount of $26804.73
3/28/200690000 AM
Senior Planner
Date
Prepared By
Lisa Hendrickson
Transportation Services
Alternative Transportation Modes
3/1012006 2:36:32 PM
Lisa Hendrickson
Senior Planner
Date
Approved By
Transportation Services
Alternative Transportation Modes
3110/20062:36 PM
Approved By
Barbara laPierre
Transportation Services
Management/Budget Analyst
Date
Traffic Operations
3/13/2006 2:01 PM
Norm E. Feder. Alep
Transportation Di....lsion Administrl'Jtor
Date
Approved By
Transportation Services
Transportation Services Admin.
3/14120069:36 AM
Approved B}'
Diana B. Flagg
Transportation Services
Director ATM Director
Date
Alternative Transportation Modes
3/14120061 :09 PM
Accounting Supervisor
Date
Approved By
Sharon Newman
Tr.msportatlon Services
Transportation Services Admin
3/14/20063:39 PM
Pat Lehnhard
Executive Secretary
Date
Approved By
Transportation Services
lransportation Services Admin
3/15/20069:34 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Offico of Management & Budgel
3/151200612:18 PM
Dale
Approved By
Mark Isackson
County Manager's Office
Budget Analysl
Offtce of Management & Budgel
3121/20061 :08 PM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager's Office
3/21120061:13 PM
Agenda Item No. 1684
March 28, 2006
Page 1 of 44
EXECUTIVE SUMMARY
Recommendation to approve Change Order No, 2 to Professional Services Agreement
No. 04-3587 in the amount of $398,713 for additional engineering services with
American Consulting Engineers of Florida, LLC for design additions and modifications
to the County Barn Road expansion project from Rattlesnake Hammock Road to Davis
Blvd., Project No. 60 I 01.
OBJECTIVE: To obtain approval of the negotiated Change Order No. 2 to the
Professional Services Agreement with American Consulting Engineers of Florida, LLC,
for engineering services for the expansion of County Barn Road from Rattlesnake
Hammock Road to Davis Boulevard.
CONSIDERA TIONS: Additional services were required to design the relocation of
utility lines, as this requirement was not in the basic services, as an older design proved to
be unusable. The configuration of 25 segments of box culverts changed which caused
additional design services. The location of a pond site changed as shallow rock was
discovered. This necessitated additional design services.
FISCAL IMPACT: Funds in the amount of $398,713 are available in gas taxes and
impact fees, Source of funds are impact fees and gas taxes
",-,
GROWTH MANAGEMENT IMP ACT: The expansIOn of County Barn Road IS
consistent with the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves Change
Order No.2 to the Professional Services Agreement with American Consulting Engineers
of Florida, LLC, in the amount of$398,713, and that the Chairman be authorized to sign
the standard, County Attorney approved change order.
Prepared by: Allen R. Ruth, P.E., Senior Project Manager, TECM
Attachments: (1) Change Order No, 2; (2) Scope of Services; (3) Cost Estimate
,.-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1684
March 28, 2006
Page 2 of 44
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B4
Recommendation to approve Crmnge Order No.2 fa Professional Services Agreement No
04-3587 In the amount of $398,71 3 for additional engineering services witl1 American
Consulting Engineers of Flonda, LLC for design addilions and modifications to the County
Barn Road ex.panslon project from Rattlesnake Hammock Road to Davis Blvd" Project No
60101
3/2812006900:00 AM
Senior Project Manager
Date
Prepared By
Allen R. Ruth, P.E.
Transportation Services
Transportetion Engineering and
Construction
3/10120062:42:51 PM
Approved By
Date-
Allen R. Ruth. P .E.
Transportation Services
Senior Project Manager
Transportation Engineering and
Construction
3110(20062:43 PM
Rhonda Rembert
Contract Specialist
Date
Approved By
Administrative Services
Purchasing
3{13/2006 12:34 PM
Approved By
Gary Putaansuu
Transportntion Services
Date
Senior Project Manager
Transportation Engineering and
Construction
3!1312006 2:47 PM
Approvcd B)'
Director
Date
Najeh Ahmad
Transportation Services
Transportation Engineering &
Cons.trucHon Management
3/14/20068:47 AM
Transportation Division Administrator
Date
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Services Admin.
3/14/20069:35 AM
US<l Taylor
Management/Budget Analyst
Date
Approved By
TnmsportatlOn Services
Transportation Administration
3/14/200611 :16 AM
Sharon Newman
Accounting Suparvisor
Date
Approved By
TransportAtion Services
Transportation Servicas Admin
3114/20062:15 PM
Steve Carnell
Purchas.jnglGeneral Sves. Director
Date
Approvcd B)'
Administrative Servi<:cs
Purchasing
3/15/2006 1 :46 PM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Dale
Transportation Services Admin
3!15/2006 3:54 PM
OMB Coordinator
Admmistrative Assif>t<lnt
Date
Approved By
County Manager's Office
OffIce of Management & Budget
3/16/20067:53 AM
Michael Smyk.owski
Manage!1wnt &. Budget Dimctor
D<lte
Approved By
County Manager's Office
Office of Management & Budget
3/20/2006 5:06 PM
Leo E, Oc.hs, Jr.
Deputy Countl/ Manager
Date
Approved B}'
Board of County
Commissioners
County Manager's Office
3120/2006 6:06 PM
CHANGE ORDER
Agenda Item No. 1684
March 28, 2006
Page 3 of 44
CHANGE ORDER NO.
2
CONTRACT NO. 04-3587
BCC Date: 05-25-04
Agenda Item: 16(B)(8)
TO: American Consultinq EnQineers of Florida. LLC
4111 Land 0' Lakes Boulevard, Suite 210
Land 0' Lakes, FL 34639
DATE: March 28, 2006
PROJECT NAME: County Barn Road
PROJECT NO.: 60101
Under our AGREEMENT dated Mav 25 ,2004.
You hereby are authorized and directed to make the following change(s) in accordance with
terms and conditions of the Agreement:
FOR THE Additive Sum of: three hundred and ninetv-eiQht thousand and seven hundred and
thirteen dollars ($ 398,713).
Present Agreement Amount
$
$
$
$
833.297
- 0 -
Original Agreement Amount
Sum of Previous Changes
This Change Order (Add)
398,713
1,232,010
The time for completion shall be increased by 151 calendar days due to this Change Order.
Accordingly, the final completion date is June 30. 2008 . Your acceptance of this Change Order
shall constitute a modification to our Agreement and will be performed subject to all the same terms
and conditions as contained in our Agreement indicated above, as fully as if the same were repeated
in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement
of any and all claims of the Contractor arising out of or related to the change set forth herein, including
claims for impact and delay costs.
Accepted: ,2006
CONSULTANT:
American Consulting Engineers of Florida, LLC
OWNER:
By:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Revised 2/24/2005
Agenda Item No. 16B4
March 28, 2006
March 21, 2004 Page 4 of 44
Revised SA No.2 February 17,2006
SCHEDULE A
SCOPE OF SERVICES - SUPPLEMENTAL AGREEMENT No.2
HIGHWAY DESIGN
COUNTY BARN ROAD
(RA TTLESNAKE HAMMOCK ROAD TO DAVIS BOULEVARD)
\\fsloI04\data\users\5forrer\My Documents\Current Work Files\County BamISupplement_l\County Barn Road Final Scope with SA 2 021706.doc
Agenda Item No. 1684
March 28, 2006
Page 5 of 44
SCOPE OF SERVICES FOR CONSULTING ENGINEERING SERVICES
HIGHW A Y DESIGN
This Exhibit forms an integral part of the agreement between Collier County Board of County
Commissioners (hereinafter referred to as the COUNTY) and American Consulting Engineers of
Florida, LLC (hereinafter referred to as the CONSULTANT) relative to the transportation facility
described as follows:
Project ID: 60101
Description: Construction of a roadway, utility, and drainage improvement project. The project
improves County Barn Road from Rattlesnake Hammock Road to Davis Boulevard
(SR 84).
1 PURPOSE
The purpose of this Exhibit is to describe the scope of work and the responsibilities of the
CONSUL T ANT and the COUNTY in connection with the design and preparation of a complete set
of construction contract plans and special provisions, if necessary, for:
· Construction of a divided, multi-lane roadway.
The general objective is for the CONSULTANT to prepare a set of plans and specifications to be
used by a contractor to build the project, and by the COUNTY to ensure that the project is
constructed as designed and to the specifications. Elements of work shall include updating roadway
plans, intersection detail plans, drainage plans, signing and pavement marking plans, utility
relocation plans, cost estimates, environmental permits, quantity computation books, and all
necessary incidental items for to complete the project.
The Scope of Services establishes which items of work described in the FOOT Plan Preparation
Manual(s) and other pertinent manuals to accomplish the work are specifically included in this
contract, and also which of the items of work will be the responsibility ofthe CONSULTANT or the
COUNTY.
All plans and design documents are to be prepared with standard English values in accordance with
all applicable Florida Department of Transportation (hereinafter referred to as FOOT) Manuals and
guidelines and as directed by the COUNTY.
The CONSULTANT shall be aware that as a project is developed, certain modifications and/or
improvements to the original recommendation may be required. The CONSULTANT is to
incorporate these refinements into the design and will consider this effort to be an anticipated and
integral part of the work. This will not be a basis for any supplemental fee request(s).
The CONSULTANT shall demonstrate good project management practices while working on this
project. These include communication with the COUNTY and others as necessary, management of
time and resources, and documentation. The CONSULTANT shall set up and maintain throughout
the design of the project a contract file in accordance to FOOT procedures. It shall be the
CONSULTANT's responsibility to utilize the very best engineering judgment, practices and
principles possible during the prosecution ofthe work commissioned under this contract.
The COUNTY will provide contract administration, management services, and technical reviews of
all work associated with the development and preparation of the contract plans. The COUNTY will
provide job specific information and/or functions as outlined in this contract.
2 PROJECT DESCRIPTION
The CONSULTANT shall incorporate the following into the design of this facility:
County Barn Road Scope
March 21,2004, Revised SA No.2 February 17,2006
Page 1
Agenda Item No. 1684
March 28, 2006
Page 6 of 44
2.1 Roadway
Plan Type: PlanIProfile sheets. Update 100% plan set to meet current FOOT Green Book
standards for horizontal and vertical geometric design.
Typical Section: Design will provide for a divided urban roadway, including sidewalks on
both sides, bike lanes where feasible, and drainage/canal easements as necessary.
Cross Sections: Generate new cross sections based on the new survey being provided by the
COUNTY.
Driveway Cross Sections: Develop cross sections for the proposed driveway locations. (SA 2)
Noise Wall Analysis: Updating previous noise wall report based on new configuration of the
roadway. Collect noise data on the effectiveness of the existing privacy walls at Riviera Golf
Estates. (SA2)
Add a northbound right turn lane at the County Maintenance Facility. (SA 2)
Limits: County Barn Road, from north of the intersection with Rattlesnake Hammock Road to
the intersection with Davis Boulevard (SR 84), a distance of approximately 2.04 miles.
Maior Intersections: There is one intersection detailed in the Intersection Details Sheets; the
intersection is County Barn Road with and Davis Boulevard. The proposed spot elevations on
the intersection plans will be checked to ensure agreement with the revised roadway vertical
geometry .
2.2 Drainage
The drainage configuration designed by the previous consultant will be reviewed for technical
adequacy and modified as necessary to meet agency requirements and to reflect the revised
roadway vertical geometry.
Scoped Drainage work will include:
1) Review and modify (as necessary) the previous drainage design and prepare construction
plans for the County Barn Road drainage system.
2) Design off-site pond.
3) Prepare and submit pennit applications.
The stonn water system will be designed to meet the pennitting requirements of all permitting
agencies. Stormwater system design will consider best management practices, open, closed,
ditches, ponds, exfiltration, etc. or a combination thereof, within the existing right of way.
The consultant shall update the plans to replace Pond D with Pond E. The plan revisions shall
include changes to the proposed utilities, drainage structures, offsite swales, pond modeling,
wetland delineation, additional survey, and updates to the permit application. (SA 2)
2.3 Utility Coordination and Design
The CONSULTANT will:
1) Coordinate with all utility owners on this Project to ensure that any changes by these
companies is identified and included in the plans.
2) Identify needs to relocate, modify and/or leave in place.
Design of the necessary modifications and relocations of Collier County and City of Naples
utilities, such as water, sanitary sewer, stonn sewer, reclaimed water, etc will be considered
County Barn Road Scope
March 21,2004, Revised SA No.2 February 17,2006
Page 2
Agenda Item No. 1684
March 28, 2006
Page 7 of 44
an Optional Service. The exact scope of work and fee will be detennined once the level of
work is known.
Prepare design and construction plans for the relocation of the existing forcemain, watennain
and reuse lines within the limits of the project. Modeling of the existing systems will not be
required. The pipe diameters of the proposed pipes will match the diameters of the existing
pipes. (SA 2)
2.4 Permits
The CONSULTANT will:
1) IdentifY all needed pennits.
2) Obtain COUNTY approval on decisions regarding, or modifications to, pennits.
3) The CONSULTANT will include LASIP parameters if they can reasonably be included
into the design of this roadway improvement project. The COUNTY and
CONSULTANT will detennine what is considered reasonable for inclusion into the
design.
4) Obtain COUNTY review prior to submittal of applications and designs to the pennitting
agency.
5) The CONSULTANT will be responsible for ensuring that all required environmental
assessments and surveys are performed. These assessments include, but are not limited
to, Listed Species, Archaeological Resources, and Jurisdictional Wetland surveys.
6) Obtain all necessary penn its including, but not limited to: Environmental Resource
Penn it from the South Florida Water Management District and the Anny Corps of
Engineers; and National Pollutant Discharge Elimination System Permit from the Florida
Department of Environmental Protection and the Environmental Protection Agency.
7) Permit fees will be paid by the COUNTY.
A COUNTY representative will be present at all meetings with regulatory agencies.
ModifY the permit application to accommodate the addition of Pond E. (SA 2)
2.5 Structures
The CONSULTANT will analyze and design structures as follows:
Miscellaneous: In order to provide for the turning movements at intersections, it may be
necessary to extend existing box culverts on side roads. Other miscellaneous structure
services could include, but not limited to, culvert extensions, foundations, mast arms, lighting,
and barrier walls as detennined during design.
Box Culvert Analvsis and Structural Design: Box culvert configuration changed from URS
plans. Included design of 25 segments. (SA2)
Strain Pole Analysis at Rattlesnake Hammock: Analyze the existing strain pole to see if
adding additional signal heads are structurally feasible. (SA2)
2.6 Signing and Pavement Markings
The CONSULTANT will analyze and design signing and pavement markings. The need,
number and locations of signs and signing and pavement markings shall be detennined during
the design process. This scope of services does not include the design of cantilever and/or
overhead sign structures.
County Barn Road Scope
March 21, 2004, Revised SA No.2 February 17,2006
Page 3
Agenda Item No. 1684
March 28, 2006
Page 8 of 44
2.7 Maintenance of Traffic (MOT)
The CONSULTANT will prepare a schematic MOT plan that will assist the project's
construction contractor in the preparation of their bid and subsequent preparation of a detailed
MOT plan. The CONSULTANT's schematic MOT plan shall specify: minimum standards,
acceptable lane closure restrictions, access considerations, phasing, time and duration
considerations. The schematic MOT plans shall meet the requirements of FOOT Level 1
plans. Detailed MOT plans for each phase of construction are not required.
2.8 Signals & Lighting
Intersections: There are signalized intersections at Rattlesnake Hammock Road and Davis
Boulevard. Strain pole systems will be replaced with mast arm systems at Davis Boulevard.
Modification ofthe Rattlesnake Hammock Road signal is not included in the scope of work.
Additional Signal plan sheet needed at Rattlesnake Hammock for loop detector
replacement(SA2 )
Signal warrant studv at Charlemagne: Includes signal warrant report and traffic counts to
determine the need for a new signal. (SA2)
Lighting: Street lighting is to be provided along County Barn Road.
2.9 Landscape Architecture
Planting Plans: The CONSULTANT shall specify the use of special median soils in areas of
future plantings, as determined by the Landscape Operations Section of the County's
Alternate Transportation Modes Department.
Irrigation Plans: The CONSULTANT shall design installation of irrigation sleeves in the
median for areas of future landscaping, as determined by the Landscape Operations Section of
the County's Alternate Transportation Modes Department.
Hardscape Plans: The CONSULTANT shall provide design of sidewalks to provide
connection, where feasible, throughout the project.
2.10 Survey
It is assumed that the baseline topographical survey for the project will be provided by the
COUNTY. The COUNTY shall provide this to the CONSULTANT as a three-dimensional
model in AutoCad format. The CONSULTANT will hire a licensed professional land
surveyor for additional survey needs at the pond site. In addition, the CONSULT ANT shall
obtain other miscellaneous survey deemed necessary and this additional miscellaneous work
will not exceed 10 crew-days. The CONSULTANT shall also obtain survey for project
property line staking, and this work shall not exceed 10 crew-days.
2000' of additional survey needed on Davis Boulevard. (SA2)
150' of additional survey needed for Glen Eagle Blvd north of Davis Boulevard. (SA2)
Miscellaneous survey needed due to additional Right of Way requirements. (SA2)
2.11 Right of Way
It is assumed that some additional Right-of-Way will be required for the construction of a
northbound right turn lane at Davis Boulevard and the new drainage pond. Drainage
easements may be required for the conveyance of roadway/offsite runoff.
County Barn Road Scope
March 21,2004, Revised SA No.2 February 17,2006
Page 4
Agenda Item No. 16B4
March 28, 2006
Page 9 of 44
Additional legal descriptions: 74 additional legal descriptions plus additional legal description
for Pond E. (SA2)
2.12 Geotechnical
The COUNTY will supply the original project geotechnical data to the CONSULTANT. The
CONSULT ANT will hire a geotechnical firm to provide borings and laboratory testing of
soils in accordance with FDOT guidelines for noise walls, the pond location and for the signal
work at Davis Boulevard. Additional geotechnical data is not required for the roadway
construction.
2.13 Phased Construction
One set of bid documents and construction plans will be prepared by the CONSULTANT. At
the discretion of the COUNTY, the project may be bid and/or constructed in multiple phases.
Should the COUNTY require that the project be bid and/or constructed in more than one
phase, the CONSULTANT will negotiate with the COUNTY any additional fees required to
perform any additional work associated with the proposed phased construction.
2.14 Specifications Package
The CONSULTANT will prepare the specifications package in accordance with FDOT and
COUNTY procedures. The COUNTY will provide completed "front end" specification
sections.
2.15 Project Schedule
The CONSULTANT shall provide a detailed project activity/event schedule for COUNTY
and CONSULTANT activities required to meet the completion date for design. The schedule
shall indicate completion dates for 60%, 90% and 100%, and Final submittals. The schedule
shall allow two weeks for the COUNTY's review of the 100% plans and three weeks for the
review ofthe 60% and 90% plans.
2.16 Submittals
The CONSULTANT shall furnish plans and documents as required by the COUNTY to
adequately control, coordinate, and approve the plans. The CONSULTANT shall provide the
COUNTY sets of design plans for distribution, including two sets each for the City of Naples,
as follows:
1) 60% 8 sets
2) 90% 10 sets
3) 100% 1 0 sets
The CONSULTANT shall furnish a camera-ready set of plans and specifications to the
COUNTY at 100% completion. The size of the final plans shall be 11" x 17".
All electronic (digital) files of final plans and specifications will be submitted to the
COUNTY on a compact disk (CD) or other media approved by the COUNTY. Drawings
files shall be provided in a fully functional Autoead (.dwg) software format, and also plotted
or scanned to an Adobe Acrobat (.pdt) format.
County Barn Road Scope
March 21, 2004, Revised SA No.2 February 17,2006
Page 5
Agenda Item No. 16B4
March 28, 2006
Page 10 of 44
2.17 Provisions for Work
All maps, plans and designs are to be prepared with English values in accordance with all
applicable current COUNTY and FDOT manuals, memorandums, and guidelines.
2.18 Services to be Performed by the COUNTY
The COUNTY will provide those services and materials as set forth below:
1) Regarding Environmental Permitting Services: a) Provide general philosophies and
guidelines of the COUNTY to be used in the fulfillment of this contract; b) Provide the
appropriate signatures on application forms.
2) Provide the appropriate letters of authorization designating the CONSULTANT as an
agent of the COUNTY.
3) The COUNTY will provide design traffic for the corridor and the County Barn Road /
Davis Boulevard intersection to be used by the CONSULTANT for alternatives analysis,
signalization and queue length determinations.
4) Provide reviews of roadway plans during the various stages of plan development.
5) All future information that may come to the COUNTY during the term of the
CONSULTANT's Agreement and which in the opinion of the COUNTY is necessary to
the prosecution of the work.
6) Provide a baseline three-dimensional topographic survey of the project area for
CONSULTANT's use in project plan development.
7) Project data currently on file including existing geotechnical data, noise study, drainage
study, plans, electronic files, and environmental study.
8) County standards and review services.
9) All available information in the possession of the COUNTY pertammg to utility
companies whose facilities may be affected by the proposed construction.
10) All future information that may come to the COUNTY pertaining to subdivision plans so
that the CONSULTANT may take advantage of additional areas that can be utilized as
part of the existing right-of-way.
11) Existing right-of-way maps.
12) Property values for parcels designated by the CONSULTANT for potential acquisition.
13) Completed front-end construction document sections required for bidding and
construction.
14) Provide video detector specifications and details.
2.19 Supplemental Consideration
The COUNTY may negotiate engineering inspection services with the CONSULTANT prior
to construction as part of the professional service being solicited. Specifically, engineering
inspection would require designating a qualified person(s) to oversee construction activities,
document construction activities and progress, and communicate directly with COUNTY
staff.
County Barn Road Scope
March 21,2004, Revised SA No.2 February 17,2006
Page 6
Agenda Item No. 1684
March 28, 2006
Page 11 of 44
3 PROJECT GENERAL TASKS
3.1 Public Involvement
Public involvement is an important aspect of the project development process. Public
involvement includes communicating to all interested persons, groups, and government
organizations information regarding the development of the project. Property owners adjacent
to project shall be kept informed about the project.
Three public meetings will be held on this project, one after the 60% and 90% design phases,
with the last being a Construction Kick-off Meeting. In addition, the CONSULTANT and
COUNTY staff will meet with civic groups and others on an individual basis, as needed, to
discuss the project. The CONSULT ANT shall anticipate participation in two additional
meetings for this purpose with minimal staff involvement. This work is to be included in the
Scope of Services.
3.2 Coordination Meetings
Prior to printing of the review plans at each of the 60% and 90% design stages, an advanced
discussion of the project will take place at a Coordination Meeting. The CONSULTANT will
provide COUNTY Staff with review "draft" copies of the plans drawings two weeks in
advance of the coordination meeting. The meeting will be conducted to provide input into the
design prior to printing it for full review. The CONSULTANT will present the project to
COUNTY Staff and a discussion will take place on what are understood to be the key issues.
The goals of the meeting are to provide a common understanding of the project; institute
change, ifneeded, and to provide a coordinated effort at the public presentations.
3.3 Joint Project Agreements
This scope of work does not include preparation of Joint Project Agreements.
3.4 Specifications Package Preparation
The CONSULTANT shall prepare and provide a complete specifications package, including
applicable Technical Special Provisions, for all items and areas of work.
The CONSULTANT will provide the necessary workbook and electronic files, in Microsoft
Word 2000 format, for proper completion of the specifications preparation task. The actual
work effort may entail utilization of the supplied electronic files and inclusion of new files
issued as mandatory special provisions or supplemental specifications.
The specification package shall be based on the 2004 edition of FDOT's Standard
Specifications for Road and Bridge Construction as modified by COUNTY specification
requirements. The specification package may include Special Provisions or Supplemental
Specifications as directed by the COUNTY. The COUNTY will provide the completed front-
end contract document sections.
The FDOT Standard Specifications, Special Provision or Supplemental Specifications may
not be modified unless absolutely necessary to control project specific requirements.
Proposed modifications to these listed documents shall be coordinated with the COUNTY,
prior to inclusion in the final project specifications package.
Proposed Technical Special Provisions will be submitted to the COUNTY for initial review at
the time of the 90% plan review submission to the Project Manager. All comments will be
returned to the CONSULTANT for correction and resolution.
The specification package must be submitted for initial review to the Project Manager at least
30 days prior to the contract package due date. This submittal does not require signing and
sealing. Submittal material shall consist of the following items:
County Barn Road Scope
March 21,2004, Revised SA No.2 February 17,2006
Page 7
Agenda Item No. 1684
March 28, 2006
Page 12 of 44
1.) The printed specifications package (one side only and properly numbered).
2.) A copy ofthe final project plans.
The Final submittal shall be signed, dated and sealed in accordance with applicable Florida
Statutes. The submittal materials shall consist of the same as those submitted for the initial
review by the COUNTY.
3.5 Contract Maintenance
Includes project management effort for complete setup and maintenance of files, developing
monthly progress reports, schedule updates, work effort to develop and execute subconsuItant
agreements, etc.
3.6 Prime Project Manager Meetings
Includes Prime CONSULTANT Project Manager staff hours for phase review, progress
review, all technical meetings, and other coordination activities, including any travel time.
Meetings required for each Activity are included in the meetings section for that specific
Activity.
3.7 Post Design Services
CONSULTANT shall provide post design services to include attendance at a Pre-Bid meeting
and at a Pre-Construction meeting, shop drawing reviews, and responses to requests for
information (RFl's). As optional services and at the written direction from the COUNTY,
CONSULT ANT shall conduct up to 6 site visits and perform design modifications to the
plans and permits.
PROJECT COMMON TASKS
These tasks are applicable to most activities of the project included in this Scope of Work as identified in
Sections 4 through 21.
Proiect Research: The COUNTY shall provide any the existing research from the previous Consultant of
existing PUO and ORI documents for developments adjacent to the project for commitments regarding
Right of Way, Stormwater Management, Roadway Improvements or any other commitments involving
the interests of the COUNTY. The CONSULTANT will review that research records for any changes.
All existing PUO and ORI documents will be assembled into a Project Commitment Report and
submitted to the COUNTY for their review with the 60% Plans.
Cost Estimates: The CONSULTANT shall be responsible for producing a construction cost estimate and
reviewing and updating the cost estimate if any scope changes occur and/or at a milestone of the project.
A Summary of Pay Items sheet shall be prepared with the 60%, 90%, and 100% plans.
Technical Special Provisions: The CONSULTANT shall provide Technical Special Provisions for all
items of work not covered by the FOOT Standard Specifications for Road and Bridge Construction and
recurring special provisions. Standard Specifications, recurring special provisions and supplemental
specifications should not be modified unless absolutely necessary to control project specific requirements.
The first nine sections of the standard specifications, recurring special provisions and supplemental
specifications shall not be modified without written approval of the COUNTY. All modifications to other
sections must be justified to the Project Manager to be included in the project's specifications package as
Technical Special Provisions.
The Technical Special Provisions shall provide a description of work, materials, equipment and specific
requirements, method of measurement and basis of payment. These provisions shall be submitted on
8-1/2 "x 11" sheets and shall not have holes punched or be bound in any way that would create a problem
for high volume reproduction.
County Barn Road Scope
March 21, 2004, Revised SA No.2 February 17,2006
Page 8
Agenda Item No. 16B4
March 28, 2006
Page 1 3 of 44
Field Reviews: Includes all trips required to obtain necessary data for all elements of the project.
Technical Meetings: Includes meetings with the COUNTY and/or Agency staff, between disciplines and
subconsultants, such as access management meetings, pavement design meetings, local governments,
railroad companies, progress review meetings (phase review), and miscellaneous meetings.
Quality Assurance/Quality Control: It is the intention of the COUNTY that design CONSULTANTS are
held responsible for their work, including plans review. Detailed checking of CONSULTANT plans or
assisting in designing portions of the project for the CONSULT ANT is not the intent of having external
design review consultants. The purpose of CONSULTANT plan reviews is to ensure that the
CONSULTANT's plans follow the plan preparation procedures outlined in the FDOT Plans Preparation
Manual, that state and federal design criteria are followed consistent with the COUNTY concept, and that
the CONSULTANT submittals are complete.
The CONSULTANT shall be responsible for the professional quality, technical accuracy and
coordination of all surveys, designs, drawings, specifications and other services furnished by the
CONSULTANT under this contract.
The CONSULT ANT shall provide a Quality Control Plan that describes the procedures to be utilized to
verify, independently check, and review all maps, design drawings, specifications, and other
documentation prepared as a part of the contract. The CONSULTANT shall describe how the checking
and review processes are to be documented to verify that the required procedures were followed. The
Quality Control Plan may be one utilized by the CONSULTANT as part of their normal operation or it
may be one specifically designed for this project. The CONSULTANT shall submit a Quality Control
Plan for approval within 20 (twenty) calendar days of the written Notice to Proceed. A marked up set of
prints from a Quality Control Review indicating the reviewers for each component (structures, roadway,
drainage, signals, geotechnical, signing and marking, lighting, surveys, etc) and a written resolution of
comments on a point by point basis will be required with each review stage submittal. The responsible
Professional Engineer, Landscape Architect or Professional Surveyor that performed the Quality Control
review will sign a statement certifying that the review was conducted.
The CONSULTANT shall through all stages of design and project construction, without additional
compensation, correct all errors or deficiencies in the designs, maps, drawings, specifications and/or other
services. Requests for Infonnation (RFI's) from the COUNTY or the project's construction contractor
regarding plan or specification deficiencies, ambiguities or conflicts shall be resolved to the satisfaction
ofthe COUNTY without additional compensation to the CONSULTANT from the COUNTY.
Independent Peer Review: Independent Peer Reviews are not required.
Supervision: Includes all efforts required to supervise all technical design activities.
Coordination: Includes all efforts to coordinate with all disciplines of the project to produce a final set of
construction documents.
4 ROADWAY ANALYSIS
The CONSULTANT shall analyze and document Roadway Tasks in accordance with all applicable
manuals, guidelines, standards, handbooks, procedures, and current design memorandums.
4.1 Typical Section Package
The typical sections provided in the existing plans will be used as a guide for the new Typical
Section Sheets, with the new addition of bike lanes, if possible.
4.2 Pavement Design Package
The COUNTY shall provide the standard pavement section(s) to be utilized for the
improvements.
County Barn Road Scope
March 21,2004, Revised SA No.2 February 17, 2006
Page 9
Agenda Item No. 16B4
March 28, 2006
Page 14 of 44
4.3 Access Management
The CONSULTANT shall review adopted COUNTY access management standards and the
existing access conditions. Existing access that will be closed, relocated or substantially
altered shall be shown on plan sheets and submitted with supporting documentation for
review with the 60% plans submittal.
4.4 HorizontalNertical Master Design Files
The CON S UL T ANT shall design the geometrics using the FDOT Green Book design
standards that are most appropriate with proper consideration given to the design traffic
volumes, design speed, capacity and levels of service, functional classification, adjacent land
use, design consistency and driver expectancy, aesthetics, pedestrian and bicycle concerns,
ADA requirements, elder road user policy, access management, and scope of work.
The horizontal and vertical geometrics provided in the existing 100% construction plans shall
be utilized to the greatest extent possible. The profile shall be modified to provide a
minimum grade of 0.300% if possible.
4.4.a Intersection Analysis
The CONSULTANT shall perform an analysis of the County Barn Road and Davis Boulevard
intersection to determine the appropriate number of approach lanes and turn lane lengths on
each approach to the intersection. The COUNTY will provide
4.5 Cross Section Design Files
The CONSULTANT shall establish and develop cross section design files in accordance with
the CADD manual.
4.6 Traffic Control Analysis
The Traffic Control Analysis shall be performed by the Contractor and approved by the
COUNTY. The plans prepared by the Contractor shall be signed and stamped by Professional
Engineer in the State of Florida and Certified in Preparation of Maintenance of Traffic plans.
4.7 Master TCP Design Files - Not applicable
4.8 Design Variations and Exceptions - Not applicable
4.9 Design Documentation
The CONSULTANT shall prepare all applicable report(s) as listed in the Project Description
section of this scope. The CONSULT ANT shall submit to the COUNTY design notes, data,
and calculations to document the design conclusions reached during the development of the
contract plans.
The design notes, data, and computations shall be recorded on size 8-1/2"x 11" sheets, fully
titled, numbered, dated, indexed and signed by the designer and the checker. Computer output
forms and other oversized sheets shall be folded to 8-1/2"x 11" size. The data shall be in a
hardback folder for submittal to the COUNTY.
4.10 Computation Book and Quantities
The CONSULTANT shall prepare the computation book and various summary of quantities
sheets. This includes all efforts required to develop the computation book and the supporting
documentation, including construction days when required.
4.11 Cost Estimate
4.12 Technical Special Provisions
4.12.a Noise Study - Final Recommendations
County Barn Road Scope
March 21,2004, Revised SA No.2 February 17,2006
Page 10
Agenda Item No. 1684
March 28, 2006
Page 15 of 44
COUNTY has completed a noise study for the project. Changes in the study are not required
by CONSULTANT. CONSUL T ANT shall work with the COUNTY in detennining final
wall locations and heights.
Conduct an analysis of the existing privacy wall to determine its' suitability to serve as a
noise wall. (SA 2)
4.13 Field Reviews
4.14 Technical Meetings
4.15 Quality Assurance/Quality Control
4.16 Independent Peer Review
4.17 Supervision
4.18 Coordination
5 ROADWAY PLANS
The CONSULT ANT shall prepare Roadway, Drainage, Utility Adjustment Sheets, plan sheets,
notes, and details. The plans shall include the following sheets necessary to convey the intent and
scope of the project for the purposes of construction:
5.1 Key Sheet
5.2 Summary of Pay Items Including Quantity Input
5.3 Drainage Maps
5.4 Interchange Drainage Map Not applicable
5.5 Typical Section Sheets
5.6 General Notes/Pay Item Notes
5.7 Summary of Quantities
5.8 Box Culvert Detail Sheet
5.9 BHRS Not applicable
5.10 Summary of Drainage Structures
5.11 Optional Pipe / Culvert Material Not applicable
5.12 Project Layout
5.13 Plan/Profile Sheet Plan/Profile sheets shall be used for improvements of County Barn Road.
5.14 Profile Sheet Not applicable
5.15 Plan Sheet Not applicable
5.16 Special Profile Not applicable.
5.17 Back of Sidewalk Profile Sheet Not applicable
5.18 Interchange Layout Sheet Not applicable
5.19 Ramp Terminal Details (Plan View) Not applicable
5.20 Intersection Layout Details for Davis Boulevard
County Barn Road Scope
March 21, 2004, Revised SA No.2 February 17,2006
Page 11
Agenda Item No. 16B4
March 28, 2006
Page 16 of 44
5.21 Miscellaneous Detail Sheets
5.22 Drainage Structure Sheet
5.23 Miscellaneous Drainage Detail Sheets
5.24 Lateral Ditch Plan/Profile Not applicable
5.25 Lateral Ditch Cross Sections Not applicable
5.26 Retention/Detention Ponds Detail Sheets
5.27 Retention Pond Cross Sections
5.28 Cross-Section Pattern Sheet Not applicable
5.29 Roadway Soil Survey Sheet
5.30 Cross Sections
Prepare driveway cross sections. (SA 2)
5.31 Traffic Control Plan Sheets Typical section and phase notes only
5.32 Traffic Control Cross Section Sheets Not applicable
5.33 Traffic Control Detail Sheets Not applicable
5.34 Utility Adjustment Sheets
5.34.a Evaluate Existing 100% Utility Relocation Plans
100% Utility Relocation Plans were prepared for County Barn Road by URS, dated June
2003. The CONSULTANT shall evaluate the 100% plans for constructibility and plan
completeness. This scope of work does not include performing network analysis or modeling.
It is assumed the utility pipe sizes shown in the Plans are correct and have been approved by
the COUNTY. Review effort includes a field review and two meetings with COUNTY staff
to review and verify plan intent.
5.34.b Reissue Utility Relocation Plans
Utility Relocation Plans shall be updated by the CONSULTANT based on the constructibility
conducted in Task 5.34.a. Updated Utility Relocation Plans shall be submitted with the 60%,
90%, and Final Plan submittals. This task includes minor plan revisions to conform with the
roadway plans such as adjusting valve locations, eliminating conflicts with drainage
structures, and new service connections. Adjustments in the horizontal and vertical alignment
of a utility are a major modification that is covered under Task 5.34.c. It is assumed the
electronic CADD files prepared by URS are usable with minor format modifications required.
5.34.c Modify Utility Relocation Plans (OPTIONAL SERVICE)
The CONSULTANT shall perfonn major updates to the Utility Relocation Plans that could
include adjustments to horizontal or vertical alignments, pipe sizes and materials. Work under
this task shall be performed only under written direction from the COUNTY. The specific
scope and fee are to be determined at a later date.
5.35 Selective Clearing and Grubbing Not applicable
5.36 Erosion Control Plan
5.37 Storm Water Pollution Prevention Plan (SWPPP)
County Barn Road Scope
March 21,2004, Revised SA No.2 February 17,2006
Page 12
Agenda Item No. 16B4
March 28, 2006
Page 17 of 44
5.38 Project Control Network Sheet Not applicable
5.39 Interim Standards
5.40 Utility Verification Sheet (SUE Data)
5.41 Quality Assurance/Quality Control
5.42 Supervision
6 DRAINAGE ANALYSIS
The CONSULTANT shall analyze and document Drainage Tasks in accordance with all applicable
Manuals, guidelines, standards, handbooks, procedures, and current design memorandums.
The CONSULTANT shall be responsible for designing a drainage and storm water management
system. All design work shall comply with the requirements of the appropriate regulatory agencies
and the FDOT's Drainage Manual. Coordinate fully with the appropriate permitting agencies, City
of Naples, and the COUNTY's staff.
The work will include the engineering analyses for any or all of the following:
6.1 Determine Base Clearance Water Elevation
Analyze, determine and document high water elevations which will be used to set roadway
profile grade. Determine surface water elevations at cross drains, floodplains, outfalls and
adjacent stormwater ponds. Determine groundwater elevations at intervals between the above
mentioned surface waters.
6.2 Pond Site Analysis Report
Evaluate pond sites using a preliminary hydrologic analysis. Document the results and
coordination for all of the project's pond site analyses. The FDOT Drainage Manual provides
specific documentation requirements. Up to two pond sites will be considered. Modify the
report to include Pond E. (SA 2)
6.3 Design of Cross Drains
Existing cross drains will be replaced with new conduits consistent with the recommendations
of the study and the CONSULTANT'S review findings, and as directed by the COUNTY.
6.4 Design of Roadway Ditches and Canals
Design roadway conveyance ditches and canals, including the modifications of existing
facilities. This includes determining ditch and canal cross sections, grades, selecting suitable
channel lining, designing the side drain pipes, and documentation.
6.5 Design of Outfalls
Analyze and document the design of ditch or piped outfalls that may be required for the
widened roadway.
6.6 Design of Stormwater Management Facility (Offsite Ponds or Alternative Methods)
Design stormwater management facilities to meet requirements for stormwater quality
treatment and attenuation. Develop proposed pond layout (shape, contours, slopes, etc.), do
routing calculations, and design the outlet control structure. Design alternative stonnwater
facilities to avoid pond sites and the acquisition of additional right of way. Modify design to
include Pond E (SA 2).
County Barn Road Scope
March 21,2004, Revised SA No.2 February 17,2006
Page 13
Agenda Item No. 16B4
March 28, 2006
Page 18 of 44
6.7 Design of Storm water Management Facility (Roadside Ditch as Linear Pond)
Design stormwater management facilities to meet requirements for stormwater quality
treatment and attenuation. Develop proposed pond layout (shape, contours, slopes, etc.), do
routing calculations, and design the outlet control structure.
6.8 Design of Flood Plain Compensation Area
The current FEMA mapping shows that the project is not in a designated lOO-yr flood zone.
No further work or agency coordination is required for this project.
6.9 Design of Storm Drains
Develop a "working drainage map," determine runoff, inlet locations, and spread. Calculate
hydraulic losses (friction, utility conflict and, if necessary, minor losses). Determine Design
Tailwater and, if necessary, outlet scour protection.
6.10 Optional Culvert Material
Not applicable.
6.11 French Drain Systems Not applicable
6.12 Drainage Wells Not applicable
6.13 Drainage Design Documentation Report
Compile drainage design documentation into report format. Include documentation for all the
drainage design tasks and associated meetings and decisions.
6.14 Prepare Bridge Hydraulic Report Not applicable
6.15 Temporary Drainage Analysis Not applicable
6.16 Cost Estimate
6.17 Technical Special Provisions Not applicable
6.18 Field Reviews
6.19 Technical Meetings
6.20 Quality Assurance/Quality Control
6.21 Independent Peer Review
6.22 Supervision
6.23 Coordination
7 UTILITIES
The CONSULTANT shall identifY utility facilities and secure agreements, utility work schedules,
and plans from the Utility Agency Owners (UAO) ensuring no conflicts exist between utility
facilities and the COUNTY's construction project. The CONSULTANT shall certifY all utility
negotiations have been completed with arrangements made for utility work to be undertaken.
7.1 Kickoff Meeting
CONSULTANT shall bring a copy of the design project work schedule reflecting utility
activities.
County Barn Road Scope
March 21,2004, Revised SA No.2 February 17,2006
Page 14
Agenda Item No. 1684
March 28, 2006
Page 19 of 44
7.2 Identify Existing UAO(s)
Identify all utilities in the corridor; check with Maintenance for Permits, Sunshine State One
Call, Subsurface Utility Engineering (SUE) Report, Design Location Survey, and Existing
Plans.
7.3 Individual/Field Meetings Make Utility Contacts
First Contact: Send letters and two sets of plans to each utility, one set for the utility office,
one set each to construction and maintenance if required. Includes contact by phone for
meeting coordination. Request type, size, location, easements, cost for compensable
relocation, and justification for any utility exceptions. Include the meeting schedule (if
applicable) and the design schedule. Include typical meeting agenda.
Second Contact: At a minimum of 4 weeks prior to the meeting, the CONSULT ANT shall
transmit two complete sets of 60% plans to each UAO having facilities located within the
project limits, and one set to the COUNTY.
Third Contact: Identify agreements and assemble packages. Send agreements, letters and two
sets of plans to the UAO(s) including all component sets, one set for the utility office, one set
to construction and maintenance if required. Include the design schedule. Not all projects will
have all contacts as described above.
7.4 Not used.
7.5 Preliminary Utility Meeting
The CONSULTANT shall schedule (time and place), notify partICIpants, and conduct a
preliminary utility meeting with all affected UAO(s) for the purpose of presenting the project,
review the current design schedule, evaluate the utility information collected, provide follow-
up information on compensable interest requests, discuss the utility work by highway
contractor option with each utility, and discuss any future design issues that may impact
utilities. This is also an opportunity for the UAO(s) to present proposed facilities. The
CON SUL T ANT shall keep accurate minutes and distribute a copy to all attendees.
7.6 IndividualIField Meetings
The CONSULTANT shall meet with each UAO separately throughout the project design
duration to provide guidance in the interpretation of plans, review changes to the plans and
schedules, optional clearing and grubbing work, and assist in the development of the UAO(s)
plans and work schedules. The CONSULTANT is responsible for motivating the UAO to
complete and return the necessary documents after each Utility Contact or Meeting.
7.7 Collect and Review Plans and Data from UAO(s)
Make Determinations (Compensable Interest, Easements, Coordinate, Analyze). Ensure
information (utility type, material and size) is sent to the designer for inclusion in the plans.
Coordinate programming of funds.
7.8 Not used
7.9 Utility Design Meeting
Prior to the meeting, the CONSULTANT shall transmit two complete sets of 60% plans to
each UAO having facilities located within the project limits, and one set to the COUNTY.
The CONSULTANT shall schedule (time and place), notify participants, and conduct a
Utility meeting with all affected UAO(s). The CONSULTANT shall be prepared to discuss
drainage, traffic signalization, maintenance of traffic (construction phasing), review the
current design schedule and letting date, evaluate the utility information collected, provide
County Barn Road Scope
March 21,2004, Revised SA No.2 February 17,2006
Page 15
Agenda Item No. 1684
March 28, 2006
Page 20 of 44
follow-up information on compensable interest requests, discuss the utility work by highway
contractor option with each utility, discuss any future design issues that may impact utilities,
etc., to the extent that they may have an effect on existing or proposed utility facilities with
particular emphasis on drainage and maintenance of traffic with each UAO. The intent of this
meeting shall be to identify and resolve conflicts between utilities and proposed construction
prior to completion of the plans, including utility adjustment details. Also recommend
resolution between known utility conflicts with proposed construction plans as practical. The
CONSULTANT shall keep accurate minutes of all meetings and distribute a copy to all
attendees.
7.10 Review Utility Markups, Work Schedules, Processing of Schedules and Agreements
Review utility marked up plans individually as they are received for content and coordinate
review with the designer. Send color markups and schedules to the appropriate COUNTY
office(s) for review. Distribute Executed Final Documents. Prepare Work Order for UAO(s).
Coordinate programming of funds.
7.11 Utility Coordination/Follow-up
This includes follow-up, interpreting plans, and assisting and the completion of the UAO(s)
work schedule and agreements. Includes phone calls, face-to-face meetings, etc., to motivate
and ensure the UAO(s) complete and return the required documents in accordance with the
project schedule. Ensure the resolution of all known conflicts. This task can be applied to all
phases of the project.
7.12 Utility Constructability Review
Review utility schedules against construction contract time, and phasing for compatibility.
The Consultant shall obtain SUE data at the signal pole locations and proposed utility
connections (up to 35 locations) (SA2).
7.13 Additional Utility Services Not applicable
7.14 Not used
7.15 Contract Plans to VAO(s)
This includes transmittal of the contract plans as processed for letting. Transmittals to UAO(s)
are by certified mail, return receipt requested.
7.16 Certification/Close-Out
The CONSULT ANT shall certify to the appropriate COUNTY representative one of the
following:
All utility negotiations (Full execution of each agreement, approved Utility Work
Schedules, technical special provisions written, etc.) have been completed with
arrangements made for utility work to be undertaken and completed as required for proper
coordination with the physical construction schedule.
8 ENVIRONMENTAL PERMITS
The CONSULTANT shall notify the COUNTY Project Manager, Environmental Pennit Coordinator
and other appropriate personnel in advance of all scheduled meetings with the regulatory agencies to
allow a COUNTY representative to attend. The CONSULTANT shall copy in the Project Manager
and the Environmental Permit Coordinator on all permit related correspondence and meetings.
County Barn Road Scope
March 21,2004, Revised SA No.2 February 17,2006
Page ] 6
Agenda Item No. 1684
March 28, 2006
Page 21 of 44
8.1 Preliminary Project Research
The CONSULTANT shall perform preliminary project research and shall be responsible for
early identification of and coordination with the appropriate regulatory agencies, including
U.S. Fish and Wildlife Service, Florida Department of State Division of Historical Resources,
Florida Fish and Wildlife Conservation Commission and Florida Natural Areas Inventory to
assure that design efforts are properly directed toward permit requirements. Research to be
conducted includes:
a. Verification of work previously done on Project by COUNTY.
b. Research on local listed species in proximity of project.
c. Contact with SHPO regarding potential archaeological and historical sites in proximity
to project.
d. Technical assistance with FWS to determine scope oflisted species monitoring.
8.2 Complete Permit Involvement Form
The CONSULTANT shall document permit involvement in a technical memorandum to the
COUNTY Project Manager. This task is to be done upon completion of preliminary project
research.
8.3 Establish Wetland Jurisdictional Lines
The CONSULTANT shall collect all data and information necessary to determine the
boundaries of wetlands and surface waters defined by the rules or regulations of each agency
processing or reviewing a permit application necessary to construct a COUNTY project.
Delineate wetland lines in Pond E. (SA 2)
8.4 Agency Verification of Wetland Data
The CONSULT ANT shall be responsible for obtaining agency verification of wetland data
identified in Section 8.3 and coordinating regulatory agency field reviews, including
finalization of wetland assessments with applicable agencies.
8.5 Complete and Submit All Required Permit Applications
I) The CONSULTANT shall prepare permit packages as identified in the Project Description
section.
2) The CONSULTANT shall collect all of the data and information necessary to obtain the
environmental permits required to construct a project.
3) The CONSULTANT shall prepare each permit application for COUNTY approval in
accordance with the rules and/or regulations of the environmental agency responsible for
issuing a specific permit and/or authorization to perform work.
4) Task includes responding to two Requests for Additional Information from each review
agency.
5) Modify permit application to accommodate Pond E. (SA 2)
8.6 Prepare Dredge and Fill Sketches
The CONSULTANT shall be responsible for creating and submitting all applicable dredge
and fill sketches as required by the U.S.Army Corps of Engineers.
8.7 Prepare USCG Permit Sketches Not applicable
County Barn Road Scope
March 21,2004, Revised SA No.2 February 17,2006
Page 17
Agenda Item No. 16B4
March 28, 2006
Page 22 of 44
8.8 Prepare Easement Sketches
The CONSULTANT shall be responsible for creating all applicable conservation easement
sketches as may be required by the Environmental Resource Permit. For purposes of
preparing a fee proposal, it is assumed one easement sketch will be required.
8.9 Prepare Right-of-Way Occupancy Sketches Not applicable
8.10 Prepare Coastal Construction Control Line (CCCL) Permit Sketches Not applicable
8.11 Prepare Tree Permit Information Not applicable. If required, the Contractor will be
responsible for securing the permit.
8.12 Mitigation Coordination and Meetings
The CONSULTANT shall coordinate with COUNTY personnel prior to approaching any
environmental permitting or reviewing agencies. Once a mitigation plan has been reviewed
and approved by the COUNTY, the CONSULTANT will be responsible for coordinating the
proposed mitigation plan with the environmental agencies. For purposes of preparing a fee
proposal, it is assumed mitigation will be provided in the drainage pond. It is further assumed
a mitigation bank will be utilized for any additional mitigation required for the project beyond
that provided in the pond site.
8.13 Mitigation Design (OPTIONAL SERVICE)
Upon written direction from the COUNTY, the CONSULTANT shall prepare a mitigation
plan to be included as a part of the Environmental Resource or Wetlands Resource Pennit
applications. Mitigation will be provided within the drainage pond.
8.14 Environmental Clearances
The CONSULTANT shall prepare clearances for all roadway right of way acquisition, pond
and/or mitigation sites identified.
Archaeological and Historical Features: The CONSULTANT sha1l coordinate clearance from
the state historic preservation officer. It is assumed no archaeological or historical features
will be impacted by the project.
Wetland Impact Analysis: The CONSULTANT shall analyze the impacts to wetlands for the
pond and/or mitigation sites and complete the Wetlands Evaluation Report.
Threatened and Endangered Species Analysis: The CONSULTANT shall collect data
necessary to perfonn an Endangered Species Biological Assessment, and analyze the impacts
to wildlife and habitat by the pond and/or mitigation sites.
Phase One Environmental Audit/Assessment: The CONSULTANT shall conduct a Phase One
Environmental Audit/Assessment as required on the pond site.
Stormwater Pollution Prevention Plan: The CONSULTANT shall prepare the Stonnwater
Pollution Prevention Plan and obtain the FDEP and EPA NPDES Permits.
8.15 Technical Meetings
8.16 Quality Assurance/Quality Control
8.17 Supervision
8.18 Coordination
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Page] 8
Agenda Item No. 1684
March 28, 2006
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9 STRUCTURES - SUMMARY AND MISCELLANEOUS TASKS AND DRAWINGS
Analyze and design all structures in accordance with applicable provisions as defined in
Section 2.16, Provisions for Work. Contract documents shall display economical solutions for the
given conditions.
The CONSULTANT shall provide Design Documentation to the COUNTY with each submittal
consisting of structural design calculations and other supporting documentation developed during the
development of the plans. The design calculations submitted shall adequately address the complete
design of all structural elements. These calculations shall be neatly and logically presented on
8Y2"x11" paper (where possible) and all sheets shall be numbered. The final design calculations shall
be signed and sealed by a Florida-registered professional engineer. A cover sheet indexing the
contents of the calculations shall be included and the engineer shall sign and seal that sheet. All
computer programs and parameters used in the design calculations shall include sufficient backup
infonnation to facilitate the review task.
9.1 Index of Drawings
9.2 Project Layout
9.3 General Notes and Bid Item Notes
9.4 Incorporate Florida Department of Transportation Standards
9.5 Incorporate Report of Core Borings
9.6 Existing Bridge Plans Not applicable
9.7 Computation Book and Quantities
9.8 Cost Estimate
9.9 Technical Special Provisions
9.10 Field Reviews
9.11 Technical Meetings
9.12 Quality Assurance/Quality Control
9.13 Independent Peer Review
9.14 Supervision
9.15 Coordination
10 STRUCTURES - BRIDGE DEVELOPMENT REPORT - Not applicable
11 STRUCTURS - TEMPORARY BRIDGE - Not applicable
12 STRUCTURES - SHORT SPAN CONCRETE BRIDGE - Not applicable
13 STRUCTURES - MEDIAN SPAN CONCRETE BRIDGE - Not applicable
14 STRUCTURES - STRUCTURAL STEEL BRIDGE - Not applicable
15 STRUCTURES - SEGMENTAL CONCRETE BRIDGE - Not applicable
16 STRUCTURES - MOVABLE SPAN - Not applicable
17 STRUCTURES - RETAINING WALL
17.1 Key Sheets
17.2 Horizontal Wall Geometry
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17.3 to 17.10 Not used
17.11 Design
17.12 Vertical Wall Geometry
17.13 General Notes
17.14 Wall Plan and Elevations (Control Drawings)
17.15 Sections and Details
17.16 Reinforcing Bar List
18 STRUCTURES - MISCELLANEOUS
CONCRETE Box C1 JI ,VERTS
18.1 Concrete Box Culverts Modify design of box culvert previously prepared. (SA 2)
18.2 Concrete Box Culverts Extensions Not applicable
18.3 Not used
18.4 Not used
MAST ARMS
18.5 Mast Arms Evaluate the adequacy of the existing strain poles at Rattlesnake Hammock
Road. (SA 2)
OVERHEAD/CANTILEVER SIGN STRUCTURES
18.6 - 18.10 Not used
HIGH MAST LIGHT FOUNDATIONS
18.11 High Mast Lighting Structures Not applicable
SOUND BARRIER WALLS (GROUND MOUNT - NOISE WALLS)
18.12 Horizontal Wall Geometry
18.13 Vertical Wall Geometry
18.14 Semi-Standard Drawings
18.15 Control Drawings
18.16 Design for Wall Height Covered by Standards
18.17 Design for Wall Height not Covered by Standards Not applicable
18.18 Aesthetic Details Not applicable
18.19 Special Structures Not applicable
19 SIGNING AND PAVEMENT MARKING ANALYSIS
The CONSULTANT shall analyze and document Signing and Pavement Markings Tasks in
accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current
design memorandums.
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Page 20
Agenda Item No. 16B4
March 28, 2006
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19.1 Traffic Data Analysis
Perform queue analysis. The COUNTY will provide the design traffic data.
19.2 No Passing Zone Study Not applicable
19.3 Reference and Master Design File
The CONSULTANT shall prepare the Signing & Marking Design file to include all necessary
design elements and all associated reference files.
19.4 Multi-Post Sign Support Calculations
The CONSULTANT shall determine the appropriate column size from the FOOT's Multi-
Post Sign Program(s).
19.5 Sign Panel Design Analysis
Establish sign layout, letter size and series for non-standard signs.
19.6 Sign Lighting/Electrical Calculations
Not Applicable.
19.7 Quantities
19.8 Computation Book
19.9 Cost Estimates
19.10 Technical Special Provisions
19.11 Field Reviews
19.12 Technical Meetings
19.13 Quality Assurance/Quality Control
19.14 Independent Peer Review
19.15 Supervision
19.16 Coordination
20 SIGNING AND PAVEMENT MARKING PLANS
The CONSULTANT shall prepare a set of Signing and Pavement Marking Plans in accordance with
the Plans Preparation Manual that includes the following:
20.1 Key Sheet
20.2 Summary of Pay Items Including CES Input
20.3 Tabulation of Quantities
20.4 General Notes/Pay Item Notes
20.5 Project Layout
20.6 Plan Sheet
20.7 Typical Details
20.8 Guide Sign Work Sheet(s)
20.9 Traffic Monitoring Site Not applicable
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March 21, 2004, Revised SA No.2 February 17,2006
Page 21
Agenda Item No. 1684
March 28,2006
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20.10 Cross Sections
20.11 Special Service Point Details
20.12 Special Details
20.13 Interim Standards
20.14 Quality Assurance/Quality Control
20.15 Supervision
21 SIGNALIZATION ANALYSIS
The CONSULTANT shall analyze and document Signalization Analysis Tasks for the existing
Traffic Signal System at the intersection of County Barn Road and Davis Boulevard (SR 84) for
modifications needed to accommodate the divided four-lane configuration in accordance with all
applicable manuals, guidelines, standards, handbooks, procedures, and current design
memorandums.
Signals shall utilize video detection in lieu of loop detectors. COUNTY will provide details and
specifications.
21.1 Traffic Data Collection
The CONSULTANT shall collect data.
21.2 Traffic Data Analysis
The CONSULTANT shall review data provided by COUNTY.
Obtain traffic counts at Davis Boulevard. (SA 2)
21.3 Signal Warrant Study Prepare a traffic warrant study at Charlemagne Boulevard. (SA 2)
21.4 Systems Timings
The CONSULTANT shall determine proper coordination timing.
21.5 Reference and Master Signalization Design File Provide new signal loop detectors at
Rattlesnake Hammock Road (SA 2).
21.6 Reference and Master Interconnect Communications Design File
The CONSULTANT shall design Interconnect Communications conduit for the length of
County Barn Road.
The new signal at Davis Boulevard shall be designed to accommodate connection to the
interconnect system. The COUNTY will connect the signal to the interconnect system.
21. 7 Overhead Street Name Sign Design
21.8 Pole Elevation Analysis
21.9 Traffic Signal Operation Report Not applicable
21.10 Quantities
21.11 Cost Estimate
21.12 Technical Special Provisions
21.13 Field Reviews
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21.14 Technical Meetings
21.15 Quality Assurance/Quality Control
21.16 Independent Peer Review Not applicable
21.17 Supervision
21.18 Coordination
22 SIGNALIZATION PLANS
The CONSULTANT shall prepare a set of Signalization Plans in accordance with the FDOT Plans
Preparation Manual, which includes the following:
22.1 Key Sheet
22.2 Summary of Pay Items Including CES Input
22.3 Tabulation of Quantities
22.4 General Notes/Pay Item Notes
22.5 Plan Sheet
22.6 Interconnect Plans
22.7 Traffic Monitoring Site
22.8 Guide Sign Worksheet
22.9 Special Details
22.10 Special Service Point Details
22.11 Mast Arm / Monotube Tabulation Sheet
22.12 Strain Pole Schedule Not applicable
22.13 TCP Signal (Temporary) Not applicable
22.14 Temporary Detection Sheet Not applicable
22.15 Utility Conflict Sheet
22.16 Interim Standards
22.17 Quality Assurance/Quality Control
22.18 Supervision
23 LIGHTING ANALYSIS
The CONSULTANT shall evaluate the existing lighting system. Lighting system modifications,
supplementation and/or replacements may require the following tasks that shaIl be performed in
accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current
design:
23.1 Lighting Justification Report - Not applicable
23.2 Lighting Design Analysis Report
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The CONSULTANT shall prepare a Preliminary Lighting Design Analysis Report. The report
shall be submitted under a separate cover prior to the 60% plans submittal. The report shall
provide analyses for each typical section of the mainline, typical section for the ramps (one
and/or two lanes), interchanges, underdeck lighting, and arterial roads. Each lighting
calculation shall be properly identified as to the area that it covers.
The report shall include the Lighting Design Criteria that will be used and shall include the
evaluation of at least three lighting design alternatives and a recommendation on the
alternative to use. Each alternative shall be properly described; the alternatives shall consider
different pole heights, lamp wattage, and arm lengths. Each alternative shall be provided with
a cost estimate that includes initial cost in addition to operations and maintenance cost for one
year.
After approval of the preliminary report the CONSULTANT shall submit a revised report
including a detailed lighting design analysis for each submittal.
23.3 Aeronautical Evaluation Not applicable
23.4 Voltage Drop Calculations
The CONSULT ANT shall submit voltage drop calculations showing the equations used along
with the number of luminaries per circuit, the length of each circuit, the size conductor or
conductors used and their ohm resistance values. The voltage drop incurred on each circuit
(total volts and percentage of drop) shall be calculated, and all work necessary to calculate the
voltage drop values for each circuit should be presented in such a manner as to be duplicated
by the County.
Load analysis calculations shall be submitted for each branch circuit breaker and main
breaker.
23.5 FDEP Coordination and Report Not applicable
23.6 Reference and Master Design Files
The CONSULTANT shall prepare the Lighting Design file to include all necessary design
elements and all associated reference files.
23.7 Temporary Lighting Not applicable
23.8 Design Documentation
The CONSULT ANT shall submit a Roadway Lighting Design Documentation Book with
each lighting plans submittal under a separate cover and not part of the roadway
documentation book. At a minimum, the design documentation book shall include:
]) Lighting Calculations.
2) Back up sheet for each bid item quantity total on each lighting plan sheet.
3) Phase submittal checklist.
4) Three-way quantity check list.
5) Structural calculation for special conventional pole concrete foundations
6) Letter to the power company requesting service.
7) Power company confirmation letter on the requested services.
8) Voltage drop calculations.
9) Load analysis calculations.
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23.9 Quantities
23.10 Cost Estimate
23.11 Technical Special Provisions
23.12 Field Reviews
The CONSULTANT shall collect information from the maintaining agencies and conduct a
field review. The review should include but is not limited to the following:
1) Existing Lighting Equipment.
2) Load Center, Capabilities and Condition/Age.
3) Condition of Lighting Structure(s)
23.13 Technical Meetings
23.14 Quality Assurance/Quality Control
23.15 Independent Peer Review
23.16 Supervision
23.17 Coordination
24 LIGHTING PLANS
The CONSULTANT shall prepare a set of Lighting Plans in accordance with the Plans Preparation
Manual, which includes the following:
24.1 Key Sheet
24.2 Summary of Pay Item Sheet Including CES Input
24.3 Tabulation of Quantities
24.4 General Notes/Pay Item Notes
24.5 Pole Data and Legend & Criteria
24.6 Service Point Details
24.7 Project Layout
24.8 Plan Sheet
24.9 Special Details
24.10 Temporary Lighting Data and Details
24.11 Traffic Control Plan Sheets
24.12 Interim Standards
24.13 Quality Assurance/Quality Control
24.14 Supervision
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25 LANDSCAPE ARCHITECTURE ANALYSIS - Not applicable
26 LANDSCAPE ARCHITECTURE PLANS - Not applicable
27 SURVEY
The COUNTY will provide the CONSULTANT with a baseline topographic survey provided under
separate contract. The baseline survey will be provided in the form of hard copy plan drawings and
computer files in AutoCadd (.dwg) format. The surveying was conducted for the purpose of
providing existing topographic and utility features to advance design. The CONSULTANT will
supplement this survey with site-specific data gathering in the process of developing the design of
this project. The CONSULTANT will notify the COUNTY if errors or omissions are found in the
data. The CONSULTANT will provide additional survey related services as specified herein.
27.1 Review of Survey
Review survey provided by the COUNTY for quality and quantity of information gathered
with respect to the needs of the project. Review right of way locations, property line
locations, and utility locations and identification. The CONSULTANT will notify the
COUNTY immediately of any missing or inaccurate survey information
27.2 Digital Terrain Model (DTM)
Survey information provided by the COUNTY shall be inserted into the project plans by the
CONSULTANT, and used to generate an accurate digital terrain model of the project area
suitable for the CONSULTANT's project design purposes.
Obtain topographic survey along 2,000 feet of Davis Boulevard and 150 feet of Glen Eagle
Boulevard, and supplemental survey for right-of-way. (SA 2)
27.3 Pond Site Survey
CONSULTANT shall survey ponds sites as needed.
Obtain topographic survey of Pond E. Survey wetland jurisdiction boundaries within Pond E.
(SA 2)
27.4 Mitigation Survey - Not applicabile
27.5 Geotechnical Support
Perform 3-dimensional (X, Y, Z) field location, or stakeout, of boring sites established by
geotechnical engineer. Includes field edits, analysis and processing of all field collected data
and/or reports. Geotechnical work will also include borings and soils analysis for the pond
and signal work at Davis Boulevard. Supervision All Survey work performed by the
CONSUL T ANT shall be certified by professional surveyor registered in the State of Florida.
27.6 Coordination
28 PHOTOGRAMMETRY - Not applicable
29 MAPPING
The CONSULTANT will be responsible for the preparation of control survey maps, right of way
maps, maintenance maps, sketches, other miscellaneous survey maps, and legal descriptions as
required for this project in accordance with all applicable FDOT Manuals, Procedures, Handbooks,
and Florida Statutes. All maps, surveys and legal descriptions will be prepared under the direction of
a Florida Professional Surveyor and Mapper (PSM) to FDOT size and format requirements utilizing
FDOT approved software, and will be designed to provide a high degree of uniformity and
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Agenda Item No. 16B4
March 28, 2006
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maximum readability. The CONSULTANT will submit maps, legal descriptions, quality assurance
check prints, checklists, electronic media files and any other documents as required for this project to
the COUNTY for review at stages of completion as negotiated.
MASTER CADD FILE
29.1 Alignment
29.2 Section and 1/4 Section Lines
29.3 Subdivisions
29.4 Existing Right of Way
29.5 Topography
29.6 Parent Tract Properties and Existing Easements
29.7 Proposed Right of Way Requirements
The ENGINEER OF RECORD (EOR) will provide the proposed requirements. The PSM is
responsible for calculating the final geometry.
29.8 Limits of Construction
The limits of construction DGN file as provided by the EOR will be imported or referenced
to the master CADD file. Additional labeling will be added as required. The PSM is required
to advise the EOR of any noted discrepancies between the limits of construction line and the
existing/proposed right of way lines, and for making adjustments as needed when a
resolution is determined.
29.9 Jurisdictional/Agency Lines
These lines may include but are not limited to jurisdictional, wetland, water boundaries, and
city/county limit lines.
SHEET FILES
29.10 Control Survey Cover Sheet
29.11 Control Survey Key Sheet
29.12 Control Survey Detail Sheet
29.13 Right of Way Map Cover Sheet
29.14 Right of Way Map Key Sheet
29.15 Right of Way Map Detail Sheet
29.16 Maintenance Map Cover Sheet - Not applicable
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Agenda Item No. 16B4
March 28, 2006
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29.17 Maintenance Map Key Sheet - Not applicable
29.18 Maintenance Map Detail Sheet -Not applicable
29.19 Reference Point Sheet
This sheet(s) will be included with the Control Survey Map, Right of Way Map and
Maintenance Map.
29.20 Project Network Control Sheet
This sheet depicts the baseline, the benchmarks, the primary and secondary control points and
their reference points including the type of material used for each point, their XYZ
coordinates, scale factors and convergence angles. This sheet(s) may be included with the
Control Survey Map, Right of Way Map and Maintenance Map.
29.21 Table of Ownerships Sheet
MISCELLANEOlJS SlIRVEVS AND SKETCHES
29.22 Parcel Sketches
29.23 TnTF Sketches
29.24 Other Specific Purpose Survey(s)
29.25 Boundary Survey(s) Map
29.26 Right of Way Monumentation Map
29.27 Title Search Map
29.28 Title Search Report
29.29 Legal Descriptions
Five legal descriptions will be provided for right of way takes.
Prepare 74 legal descriptions for right of way takes. (SA 2)
29.30 Final Map/Plans Comparison
The PSM will perform a comparison of the final right of way maps with the available
construction plans to review the correctness of the type of parcel to be acquired and the
stations/offsets to the required right of way. The PSM will coordinate with the EOR to
resolve any conflicts or discrepancies and provide documentation of the review.
29.31 Field Reviews
29.32 Technical Meetings
29.33 Quality Assurance/Quality Control
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29.34 Supervision
29.35 Coordination
30 GEOTECHNICAL
The CONSULT ANT shall, for each project, be responsible for a complete geotechnical
investigation. All work performed by the CONSULTANT shall be in accordance with FDOT
standards.
The CONSULTANT shall notify the COUNTY in adequate time to schedule a representative to
attend all related meetings and field activities.
The COUNTY will provide the complete geotechnical evaluation completed for County Barn Road.
It is assumed no further geotechnical evaluation is required for proposed road improvements.
30.1 Document Collection and Review
CONSULTANT will review printed literature including topographic maps, county
agricultural maps, aerial photography (including historic photos), ground water resources,
geology bulletins, potentiometric maps, pile driving records, historic construction records and
other geotechnical related resources. Prior to field reconnaissance, CONSULTANT shall
review U.S.G.S., S.C.S. and potentiometric maps, and identify areas with problematic soil and
groundwater conditions.
ROADW A v
The CONSULTANT shall be responsible for coordination of all geotechnical related fieldwork
activities. The CONSULTANT shall retain all samples until acceptance of90% plans.
The preliminary roadway exploration will be performed and results provided to the Engineer of
Record to assist in setting roadway grades and locating potential problem areas.
All laboratory testing and classification will be performed in accordance with applicable FDOT
standards, ASTM Standards or AASHTO Standards, unless otherwise specified in the Contract
Documents.
30.2 Detailed Boring Location Plan
Develop a detailed boring location plan. If the drilling program expects to encounter artesian
conditions, the CONSULTANT shall submit a methodology(s) for plugging the borehole to
the COUNTY for approval prior to commencing with the boring program. Borings will be
obtained at proposed signal pole locations, noise abatement walls, and the pond required for
the new roadway alignment.
30.2A Pavement Coring
Not Applicable
30.3 Stake Borings/Utility Clearance
Stake borings and obtain utility clearance.
30.4 MOT Plans for Field Investigation
The Consultant will coordinate with the Contractor for the development of the Maintenance
of Traffic (MOT) plan. All work zone traffic control will be performed in accordance with the
FOOT's Roadway and Traffic Design Standards Index 600 series.
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Agenda Item No. 16B4
March 28, 2006
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30.5 Drilling Access Permits
Obtain all State, County, City, and Water Management District permits for performing
geotechnical borings, as needed.
30.6 Groundwater Monitoring - Not applicable
30.7 LBR Sampling - Not applicable
30.8 Coordination of Field Work
Coordinate all field work required to provide geotechnical data for the project.
30.9 Soil and Rock Classification - Roadway
Refine soil profiles recorded in the field, based on results of laboratory testing.
30.10 Design LBR
Determine design LBR values from the 90% and mean methods.
30.11 Laboratory Data
Tabulate laboratory test results for inclusion in the geotechnical report, the report of tests
sheet (Roadway Soil Survey Sheet), and for any necessary calculations and analyses.
30.12 Seasonal High Water Table
Review the encountered ground water levels and estimate seasonal high ground water levels
in the pond site. Estimate seasonal low ground water levels, if requested.
30.13 Parameters for Water Retention Areas
Calculate parameters for water retention areas, exfiltration trenches, and/or swales.
30.14 Limits of Unsuitable Material
Delineate limits of unsuitable material(s) in both horizontal and vertical directions within the
pond site. Assist the Engineer of Record with detailing these limits on the cross-sections. If
requested, prepare a plan view of the limits of unsuitable material.
Assist the Engineer of Record in determining the limits of required subsoil excavation.
30.15 CADD Drawing Files for Plotting of Boring Data on Cross-Sections
Create ASCII files of boring data for cross-sections.
30.16 Stormwater Volume Recovery and/or Background Seepage Analysis
Perform storm water volume recovery analysis.
30.17 Geotechnical Recommendations
Provide geotechnical recommendations regarding the proposed roadway construction project
including the following: description of the site/alignment, design recommendations and
discussion of any special considerations (i.e. removal of unsuitable material, consolidation of
weak soils, estimated settlement time/amount, groundwater control, high groundwater
conditions relative to pavement base, etc.) Evaluate and recommend types of geosynthetics
and properties for various applications, as required.
30.18 Preliminary Report
If a preliminary roadway investigation is performed, a preliminary roadway report shall be
submitted before the 30% plans submittal. The purpose of the preliminary roadway report will
be to assist in setting road grades and locating potential problems.
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Page 30
Agenda Item No. 16B4
March 28, 2006
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Copies ofU.S.G.S. and S.C.S. maps with project limits shown
A report of tests sheet that summarizes the laboratory test results, the soil stratification (i.e.
soils grouped into layers of similar materials) and construction recommendations relative to
Standard Indices 500 and 505
Results of all tasks discussed in the previous section (Data Interpretation and Analysis).
An appendix that contains stratified soil boring profiles, laboratory test data sheets, sample
embankment settlement and stability calculations, design LBR calculation/graphs, and other
pertinent calculations.
The CONSULTANT will respond in writing to any changes and/or comments from the
COUNTY and submit any responses and revised reports.
30.19 Final Report
The Final Roadway Report shall include the following:
Copies ofU.S.G.S. and S.C.S. maps with project limits shown
A report of tests sheet that summarizes the laboratory test results, the soil and rock
stratification (i.e. soils grouped into layers of similar materials) and construction
recommendations relative to Standard Indices 500 and 505
Results of all tasks discussed in the previous section (Data Interpretation and Analysis).
An appendix that contains stratified soil-boring profiles including top of rock elevations,
laboratory test data sheets, sample embankment settlement and stability calculations, design
LBR calculation/graphs, and other pertinent calculations.
The CONSULTANT will respond in writing to any changes and/or comments from the
COUNTY and submit any responses and revised reports.
STRUCTURES
The CONSULTANT shall be responsible for coordination of all geotechnical related fieldwork
activities. The CONSULTANT shall retain all samples until acceptance of the 90% plans.
CONSULTANT shall perform specialized field-testing as required by needs of project.
All laboratory testing and classification will be performed in accordance with applicable FDOT
standards, ASTM Standards or AASHTO Standards, unless otherwise specified in the Contract
Documents.
The staff hour tasks for structural foundations for box culverts, walls, overhead signs, mast arm
signals, and other structures include the following:
30.20 Detailed Boring Location Plan
Develop a detailed boring location plan. If the drilling program expects to encounter artesian
conditions, the CONSULTANT shall submit a methodology(s) for plugging the borehole.
Stake Borings/Utility Clearance
Stake borings and obtain utility clearance.
30.21 MOT Plans for Field Investigation
The Contractor shall develop the MOT plan. All work zone traffic control will be performed
in accordance with the FOOT's Roadway and Traffic Design Standards Index 600 series.
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Agenda Item No. 16B4
March 28,2006
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30.22 Collection of Corrosion Samples - Not applicable
30.23 Coordination of Field Work
Coordinate all field work required to provide geotechnical data for the project.
30.24 Soil and Rock Classification - Structures
Soil profiles recorded in the field should be refined based on the results of laboratory testing.
30.25 Tabulation of Laboratory Data
Laboratory test results should be tabulated for inclusion in the geotechnical report and for the
necessary calculations and analyses.
30.26 Design Groundwater Level for Structures
Review encountered ground water levels, estimate seasonal high groundwater levels, and
evaluate groundwater levels for structure design.
30.27 Walls
Provide the design soil profile(s), which include the soil model/type of each layer and all soil
engineering properties required by the Engineer of Record for conventional wall analyses and
recommendations. Review wall design for geotechnical compatibility and constructability.
Evaluate the external stability of conventional retaining walls and retained earth wall systems.
For retained earth wall systems, calculate and provide minimum soil reinforcement lengths
versus wall heights, and soil parameters assumed in analysis. Estimate differential and total
(long term and short term) settlements.
Provide wall construction recommendations.
30.28 Soil Parameters for Signs, and Geotechnical Recommendations
Provide the design soil profile(s) that include the soil model/type of each layer and all soil
properties required by the Engineer of Record for foundation design. Review design for
geotechnical compatibility and constructability.
30.29 Box Culvert Analysis
Provide the design soil profile(s) that include the soil model/type of each layer and all soil
properties required by the Engineer of Record for foundation design. Review design for
geotechnical compatibility and constructability.
Provide lateral earth pressure coefficients.
Provide box culvert construction and design recommendations.
Estimate differential and total (long term and short term) settlements.
Evaluate wingwall stability.
30.30 Final Reports - Signs, Signals, Box Culvert, Walls, and High Mast Lights
The final reports shall include the following:
1) Copies ofU.S.G.S. and S.C.S. maps with project limits shown.
2) Summary of structure background data, SCS, USGS, geologic and potentiometric data.
3) The results of all tasks discussed in the previous section (Data Interpretation and
Analysis).
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Agenda Item No. 16B4
March 28, 2006
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4) Recommendations for foundation installation, or other site preparation soils-related
construction considerations with plan sheets as necessary.
5) Any special provisions required for construction that are not addressed in the FDOT's
Standard specification.
6) An Appendix which includes SPT and CPT boring/sounding profiles, data from any
specialized field tests, engineering analysis, notes/sample calculations, sheets showing
ultimate bearing capacity curves versus elevation for piles and drilled shafts" a complete
FHW A check list, pile driving records (if available) and any other pertinent information.
7) Final reports will incorporate comments from the COUNTY and contain any additional
field or laboratory test results, recommended foundation alternatives along with design
parameters and special provisions for the contract plans. The reports will be submitted in
final form and will include the following:
8) All original plan sheets (11" x 17")
9) One set of all plan and specification documents, in electronic format, according to FDOT
requirements
10) Two sets of record prints
11) Six sets of any special provisions
12) All reference and support documentation used in preparation of contract plans package
Additional final reports (up to four), aside from stated above, may be needed and requested
for the COUNTY's Project Manager and other disciplines. The final reports, special
provisions, as well as record prints, will be signed and sealed by a Professional Engineer
registered in the State of Florida. Prepare the detailed boring/sounding standard sheets,
including environmental classification, results of laboratory testing, and specialized
construction requirements, in a format suitable for inclusion in the final plans.
30.31 Drafting
Prepare a complete set of drawings to include all SPT borings, auger borings and other
pertinent soils information in the plans. Include these drawings in the Final Geotechnical
Report. Draft borings, location map, S.C.S. map and U.S.D.A. map. Soil symbols must be
consistent with those presented in the latest Florida Department of Transportation Soils and
Foundations Handbook.
30.32 Technical Special Provisions
30.33 Field Reviews
Identify and note surface soil and rock conditions, surface water conditions and locations, and
preliminary utility conflicts. Observe and note nearby structures and foundation types.
30.34 Technical Meetings
30.35 Quality Assurance/Quality Control
30.36 Supervision
30.37 Coordination
31 POST DESIGN SERVICES
31.1 Shop Drawing Review
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Page 33
Agenda Item No. 16B4
March 28, 2006
Page 38 of 44
The CONSULT ANT shall review up to 10 shop drawing submittals. Shop drawing
submittals shall be reviewed and returned to the COUNTY within 14 calendar days of receipt
of the shop drawings.
31.2 Respond to Requests for Information
The CONSULTANT shall respond to Requests for Information during either the bidding
period or during construction. Responding to Requests for Information may require design
and/or visits to the project site. For purposes of preparing a fee proposal, it is assumed 80
hours shall be provided for this task.
31.3 Attend Meetings
The CONSULT ANT shall attend meetings as requested by the COUNTY. Meetings to be
attended include the Pre-bid Meeting, Pre-construction Meeting, and Construction Close-out
Meeting. The CONSULTANT may be required to attend up to 7 other meetings during
bidding or construction.
31.4 CEI Coordination, Periodic Site Visits, Construction Certifications to Permitting
Agencies and As-built Plans
The COUNTY may request the CONSULTANT to provide CEI services, conduct periodic
site visits, certify construction to the permitting agencies or prepare as-built plans. If
requested, the scope and fee for these services will be negotiated at a later date.
32 PROJECT REQUIREMENTS
32.1 Liaison Office
The COUNTY and the CONSULTANT will designate a Liaison Office and a Project
Manager who shall be the representative of their respective organizations for the Project.
While it is expected the CONSULTANT shall seek and receive advice from various state,
regional, and local agencies, the final direction on all matters of this project remain with the
COUNTY.
32.2 Key Personnel
The CONSULTANT's work shall be performed and directed by the key personnel identified
in the proposal presentations by the CONSULTANT. Any changes in the indicated personnel
shall be subject to review and approval by the COUNTY.
32.3 Progress Reporting
The CONSULTANT shall meet with the COUNTY as required and shall provide a written
progress and schedule status reports that describe the work performed on each task. Progress
and schedule status reports shall be delivered to the COUNTY concurrently with the monthly
invoice. The Project Manager will make judgment on whether work of sufficient quality and
quantity has been accomplished by comparing the reported percent complete against actual
work accomplished.
32.4 Correspondence
Copies of all written correspondence between the CONSULTANT and any party pertaining
specifically to this contract shall be provided to the COUNTY for their records within one (1)
week of the receipt or mailing of said correspondence.
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Agenda Item No. 16B4
March 28, 2006
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32.5 Professional Endorsement
The CONSULTANT shall have a Registered Professional Engineer in the State of Florida
sign and seal all reports, documents, and plans as required by FDOT standards.
32.6 Computer Automation
The project will be developed utilizing Computer Aided Drafting and Design (CADD)
systems. It is the responsibility of the CONSULTANT to meet the requirements in the
FDOT's CADD Manual. See Section 2 of this Scope of Services for additional computer file
submittal requirements.
The CONSULTANT is to coordinate their work with any and all adjacent and integral
consultants so as to effect complete and homogenous plans and specifications for the project
described herein.
32.7 Optional Services
At the COUNTY's option, the CONSULTANT may be requested to provide post design
services. The fee for these services shall be negotiated in accordance with the terms detailed
in Exhibit B, Method of Compensation, for a fair, competitive and reasonable cost,
considering the scope and complexity of the project. The additional services may include
Construction Assistance, Review of Shop Drawings, or other Post Design Services as
required.
33 INVOICING LIMITS
Payment for the work accomplished will be in accordance with Method of Compensation of this
contract. Invoices shall be submitted to the COUNTY, in a format prescribed by the COUNTY. The
COUNTY Project Manager and the CONSULTANT shall monitor the cumulative invoiced billings
to insure the reasonableness of the billings compared to the project schedule and the work
accomplished and accepted by the COUNTY.
The CONSULTANT will provide a list of key events and the associated total percentage of work
considered to be complete at each event. This list will be used to control invoicing. Payments will
not be made that exceed the percentage of work for any event until those events have actually
occurred and the results are acceptable to the COUNTY.
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American Consulting Engineers of Florida, LLC Page 40 of 44
COUNTY BARN ROAD IMPROVEMENTS
(Rattlesnack Hammock to Davis Boulevard)
SUPPLEMENT No.2
COST ESTIMATE FOR TASKS 1- V
February 17, 2006
American Project No. 5049268
Total Staff
Hours - Basic
TASK Services
Task I - 60% Submittal (Basic Services)
Project General Tasks
Roadway Analysis
Roadway Plans
Drainage Analysis
Utility Coordination
Environmental Permits
Structure Summary
Structure - Miscellaneous
Signing & Marking Analysis
Signing & Marking Plans
Signalization Analysis
Signalization Plans
Lighting Analysis
Lighting Plans
Original Cost for Task I $427,732
Cost for Supplement No. II Allocated to Task I $205,760
Total Cost for Task I $633,492
County Barn Rd Staffhour Estimation Workbook SA 2 021706.xls
Fee Summary Page 1 of 5
3/10/2006 9:33 AM
Agenda Item No. 16B4
March 28, 2006
American Consulting Engineers of Florida, LLC Page 41 of 44
COUNTY BARN ROAD IMPROVEMENTS
(Rattlesnack Hammock to Davis Boulevard)
SUPPLEMENT No.2
COST ESTIMATE FOR TASKS I - V
February 17, 2006
American Project No. 5049268
Total Staff
Hours - Basic
TASK Services
Task II - 90% Submittal (Basic Services)
Project General Tasks
Roadway Analysis
Roadway Plans
Drainage Analysis
Utility Coordination
Environmental Permits
Structure Summary
Structure - Miscellaneous
Signing & Marking Analysis
Signing & Marking Plans
Signalization Analysis
Signalization Plans
Lighting Analysis
Lighting Plans
Legal Descriptions
Original Cost for Task II $180,396
Cost for Supplement No. II Allocated to Task II $101,932
Total Cost for Task II $282,328
County Barn Rd Staffhour Estimation Workbook SA 2 021706.xls
Fee Summary Page 2 of 5
3/10/2006 9:33 AM
Agenda Item No. 16B4
March 28, 2006
American Consulting Engineers of Florida, LLC Page 42 of 44
COUNTY BARN ROAD IMPROVEMENTS
(Rattlesnack Hammock to Davis Boulevard)
SUPPLEMENT No.2
COST ESTIMATE FOR TASKS I - V
February 17, 2006
American Project No. 5049268
Total Staff
Hours - Basic
TASK Services
Task III -100% Submittal (Basic Services)
Project General Tasks
Roadway Analysis
Roadway Plans
Drainage Analysis
Utility Coordination
Environmental Permits
Structure Summary
Structure - Miscellaneous
Signing & Marking Analysis
Signing & Marking Plans
Signalization Analysis
Signalization Plans
Lighting Analysis
Lighting Plans
Original Cost for Task III $67,570
Cost for Supplement No. II Allocated to Task III $41,478
Total Cost for Task III $109,048
County Barn Rd Staffhour Estimation Workbook SA 2 021706.xls
Fee Summary Page 3 of 5
3/10/2006 9:33 AM
Agenda Item No. 16B4
March 28, 2006
American Consulting Engineers of Florida, LLC Page 43 of 44
COUNTY BARN ROAD IMPROVEMENTS
(Rattlesnack Hammock to Davis Boulevard)
SUPPLEMENT No.2
COST ESTIMATE FOR TASKS 1- V
February 17, 2006
American Project No. 5049268
TASK
Total Staff
Hours - Basic
Services
Task IV - Phase II Optional Services
Project General Tasks
Roadway Plans
Drainage Analysis
Environmental Permits
Survey & Mapping
Geotechnical
Subsurface Utility Excavation
Original Cost for Task IV
Cost for Supplement No. II Allocated to Task IV
Total Cost for Task IV
$65,290
$0
$65,290
Task V - Subconsultant Services (Basic Services) .
Survey & Mapping
Geotechnical
Environmental Permits
Subsurface Utility Exploration
Traffic Counts
Equipment Rental
Original Cost for Task V
Cost for Supplement No. II Allocated to Task V
Total Cost for Task V
$92,309
$49,543
$141,852
County Barn Rd Staffhour Estimation Workbook SA 2 021706.xls
Fee Summary Page 4 of 5
3/10/2006 9:33 AM
Agenda Item No. 16B4
March 28,2006
American Consulting Engineers of Florida, LLC Page 44 of 44
COUNTY BARN ROAD IMPROVEMENTS
(Rattlesnack Hammock to Davis Boulevard)
SUPPLEMENT No.2
COST ESTIMATE FOR TASKS I - V
February 17, 2006
American Project No. 5049268
Total Staff
Hours - Basic
TASK Services
Grand Total Tasks I - V
Project General Tasks
Roadway Analysis
Roadway Plans
Drainage Analysis
Utility Coordination
Environmental Permits
Structure Summary
Structure - Miscellaneous
Signing & Marking Analysis
Signing & Marking Plans
Signalization Analysis
Signalization Plans
Lighting Analysis
Legal Descriptions
Survey & Mapping
Environmental Permits
Geotechnical
Subsurface Utility Exploration
Traffic Counts
Equipment Rental
Original Cost for Tasks I - V 833,297
Cost for Supplement No. II Allocated to Tasks I - V 398,713
Grand Total Tasks I - V 1,232,010
County Barn Rd Staffhour Estimation Workbook SA 2 021706.xls
Fee Summary Page 5 of 5
3/10/2006 9:33 AM
Agenda Item No. 16B5
March 28, 2006
Page 1 of 40
EXECUTIVE SUMMARY
Recommendation to approve the Department of the Army Corps of Engineers
(ACOE) permit for the Haldeman Creek Dredging Project and authorize the
Transportation Administrator to sign the ACOE permit on behalf of the County.
OBJECTIVE: To accept and agree to comply with the terms and conditions of the
Haldeman Creek ACOE permit.
CONSIDERATION: Haldeman Creek serves as a navigable channel for boater access
to the Gulf of Mexico. The creek was originally natural and through development and
man-made activity was modified to support waterfront activities. Over time, sediment
accumulation within Haldeman Creek has created hazardous conditions to boaters and
degraded water quality. Maintenance dredging is required to deepen and provide
acceptable navigable depths in the channel while restoring flows in the creek. Once the
dredging is completed, an MSTU will be established for future maintenance dredging
needs.
GROWTH MANAGEMENT IMPACT: The Haldeman Creek Basin Restoration
project is in accordance with the goals and objectives of the Drainage Sub-element of the
Growth Management Plan.
FISCAL IMPACT: Funding in the amount of approximately $110,000 is available in
Fund 301 Haldeman Creek Basin Restoration (Project No. 510112).
The source of funding is ad valorem taxes. The project has been awarded a $500,000
Grant through the Cooperative Water Resource Projects Funding Program of the Big
Cypress Basin/South Florida Water Management District (SFWMD). Upon final
completion, $500,000 of the County's total project cost will be reimbursed by SFWMD
and be returned to reserves.
RECOMMENDA TION: That the Board of County Commissioners accepts and agrees
to comply with the terms and conditions of the Haldeman Creek ACOE permit and
establish an MSTU for future dredging needs.
Prepared By: Margaret A. Bishop, Senior Project Manager, Storm water Management
Department
Attachments: (1) ACOE Permit
-
Item Number:
Item Summary:
Meeting O.te:
Agenda Item No. 1685
March 28, 2006
Page 2 of 40
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1665
Recommendalion to approve the Department of the Army Corps D1 Engineers permit tor the
Haldeman Creek Dredging Project.
3/28/20069:00:00 AM
Project Manager
Date
Approved By
Margaret A, Bishop
Transportation Services
S10rmwater Management
3/3/2006 3:04 PM
Norm E. Feder, AICP
Tnmsportliltion Division Administrator
Date
Approved By
Transportation Servicil'$
Transportation Services Admin.
3/612006 7:27 AM
Approved By
Gloria Herrera
Transportation Services
Management/Budget Analyst
Date
Storrnwater Management
3/612006 3:21 PM
Eugene Calvert
Da1e
Approved By
Transport3tions Services
Principal Project Manager
Transportation Engineering and
Construction Management
3/6/2006 3:51 PM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
DlIte
Transportlltion Services. Admin
3/16/200610:16 AM
E)l&cutive Secretary
Date
Approved By
Pat Lehnhard
Transportation Services
Tran9portation Services. Admin
3/161200610:22 AM
Administrative Assistant
Da'"
Approved By
OMS Coordinator
County Manager's Offica
Office of Managemenl &. Budget
3116/200610:24 AM
Susan Usher
Senior Management/Budget Analyst
Date
Approved By
County Manager's Office
Offic~ of Management & Budget
3/20(20069:07 AM
Approved By
Michael Smykowski
County Manager's Office
Managoment & Budget Director
Date
Office of Management & Budget
3/20/2006 9:58 AM
James V. Mudd
County Manager
Date
Approved By
Board of County
Commissioner..
County Manager's Office
3/2012006 3:56 PM
Agenda Item No. 16B5
March 28, 2006
Page 3 of 40
Permittee:
Collier cotnty Board of County Commissioners
clo CollienCounty Storm Water Management Department
2885 South Horseshoe Drive
Naples, Flprida 34104-6113
SAJ-2003-6964 (IP-RMT)
DEPARTME1T OF THE ARMY PEFt1VlIT
I
I
I
RECEIVED
Permit No:
FEB 2 7 2006
STORMWATER MGMT.
Issuing Office: US Army Engi~eer District, Jacksonville
NOTE: The term "you" and its derivatives, as used in this permit, mE:an the permittee or
any future transferee. The term "this office" refers to the appropriatE.~ district or division
office of the US Army Corps oflEngineers having jurisdiction over the permitted activity
or the appropriate official of thqt office acting under the authority of the commanding
officer.
You are authorized to perform yvork in accordance with the terms and conditions
specified below. '
Project Description: To dredge Haldeman Creek including manmade finger canals
connected to the creek to a deRth of -5.0 feet below MLW west of Ba,;'shore Drive to
Naples Bay and to a depth of -2.0 feet below MLW east of Bayshore Drive to the
Tamiami Trail, removing approximately 45,000 cubic yards of material. You will use a
combination of hydraulic and mechanical dredging and deploy of turbidity curtains. The
project also includes a vacant 1fi3.25-acre parcel on the south side and abutting
Haldeman Creek to use as a te porary dredge spoil storage site. Placement of dredge
material will occur within two (2. disposal cells located on the vacant parcel. The
creation of these cells will result in the discharge of dredge material into 0.13 acres of
mangrove forested wetlands, 0'104 acres of saltwater herbaceous wetlands, 0.58 acres
of freshwater-forested wetlands!, 0.01 acres of freshwater herbaceous wetlands and the
0.46 acre borrow pit. The borrow pit will remain permanently filled and the remainder of
the dredge material will be disposed of at the Collier County Land Fill. The work is to be
completed in accordance with the attached site plans numbered SAJ-2003-6964 (IP-RMT)
four (10) sheets. These drawing!s can be found in Attachment (A), which is attached to,
and becomes part of, this permit:
Project Location: Haldeman~' reek and adjacent man-made canals are located
southwest of Tamiami Trail (US 41) west to Naples Bay in Sections 11,13,14,15,
Township 50 South, Range 25 ast, Collier County, Florida. The 13.25-acre vacant
parcel abutting the creek and is located in Section 13, Township 50 South, Range 25
East, Collier County, Florida. :
I
Latitude 2600T24,jNorth; Longitude 81 o44'47"West
Agenda Item No. 1685
March 28, 2006
Page 4 of 40
.---
SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
General Conditions:
1. The time limit for completing t~e work authorized ends on February 23. 2011. If you
find that you need more time to c mplete the authorized activity, submit your request
for a time extension to this office or consideration at least one month before the above
date is reached.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compli~nce with General Condition 4 below. Should you wish
to cease to maintain the authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previousl~'unknown historic or archeological remains while
accomplishing the activity authori ed by this permit, you must immediately notify this
office of what you have found. ,e will initiate the Federal and State coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature and
mailing address of the new owner in the space provided and forward a copy of the
permit to this office to validate th~ transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must
comply with the conditions specified in the certification as special conditions to this
permit. For your convenience, a copy of the certification is attached (Attachment B).
6. You must allow representativJs from this office to inspect the authorized activity at
any time deemed necessary to e-~sure that it is being or has been accomplished in
accordance with the terms and conditions of your permit.
7. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structures or work herein
authorized, or if, in the opinion of It he Secretary of the Army or his authorized
representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the permittee will be required, upon due notice from
the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions
caused thereby, without expense to the United States. No claim shall be made against
the United States on account of any such removal or alteration.
2
I~------
Agenda Item No. 16B5
March 28, 2006
Page 5 of 40
SAJ-2003-6964 (fP-RMT)
Haldeman Creek Dredge
Special Conditions:
1. The permittee shall notify the Corps in writing at least 48 hours prior to
commencement of the work authorized by this permit and shall provide a written status
report every six months until the authorized work has been completed. This
commencement notification, status reports, monitoring reports, and all other reports
regarding this permit shall be submitted to the U.S. Army Corps of Engineers,
Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, Florida 32232-
0019 and shall reference the permit number.
2. The permittee shall provide compensatory off-site mitigation for unavoidable wetland
impacts by purchasing 0.36-forested saltwater credits and 0.02 tidal herbaceous credits
at Little Pine Island Mitigatioh Bank (LPIMB) and shall purchase 1.60 freshwater
forested and 0.92 freshwater herbaceous credits at Panther Island Mitigation Bank
(PIMB) (Attachment C). Within thirty days of the issuance of the Corps permit the
applicant should provide documentation to the Corps of Engineers the mitigation credits
described above have been purchased at LPIMB and PIMB.
3. The permittee shall adhere to the Standard Manatee Construction Conditions for In
Water Work (Attachment F).
4. Within 60 days of completion of the work authorized, the attached Self-Certification
Statement of Compliance (Attachment D) must be completed and submitted to the US
Army Corps of Engineers.
3
Agenda Item No. 16B5
March 28. 2006
Page 6 of 40
~
SAJ-2003-6964 (I P-RMT)
Haldeman Creek Dredge
1. Congressional Authorities: You have been authorized to undertake the activity
described above pursuant to:
( X ) Section 10 of the Rivers' and Harbors Act of 1899
(33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State, and local
authorization required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal
projects.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not
assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation
of this permit.
4
Agenda Item No. 16B5
March 28, 2006
Page 7 of 40
SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
4. Reliance on Applicant's Data: The determination of this office that issuance of this
permit is not contrary to the public interest was made in reliance on the information you
provided.
5. Reevaluation of Permit Decision: This office may reevaluate its decision on this
permit at any time the circumstances warrant. Circumstances that could require a
reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to
have been false, incomplete, or inaccurate (see 4 above).
c. Significant new information surfaces, which this office did not consider in reaching
the original public interest, decision.
Such a reevaluation may result in a determination that it is appropriate to use the
suspension, modification, and revocation procedures contained in 33 CFR 325.7 or
enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order
requiring you comply with the terms and conditions of your permit and for the initiation
of legal action where appropriate. You will be required to pay for any corrective
measures ordered by this office, and if you fail to comply with such directive, this office
may in certain situations (such as those specified in 33 CFR 209.170) accomplish the
corrective measures by contract or otherwise and bill you for the cost.
6. Extensions: General Condition 1 establishes a time limit for the completion of the
activity authorized by this permit. Unless there are circumstances requiring either a
prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an
extension of this time limit.
5
Agenda Item No. 16B5
March 28, 2006
Page 8 of 40
~.--
SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
Your signature below. as permittee, indicates that you accept and agree to comply with
the terms and conditions of this permit.
(PERMITTEE)
(DATE)
(TYPE OR PRINT PERMITTEE: NAME AND TITLE)
This permit becomes effective then the Federal official, designated to act for the
Secretary of the Army, has sig.led below. .
(DISTRICT ENGINEER)
ROBERT M. CARPENTER
Colonel, U.S. Army
(DATE)
THIS PERMIT CONTAINS 6 ATTACHMENTS, TOTALING 25 PAGES
Attachment A - PERMIT DRAWINGS (10 Pages)
Attachment B - Water Quality Certification SFWMD Permit No. 11-0217156-P dated 1
February 2006 (7 pages) tl .
Attachment C -MITIGATION P N (1 page)
Attachment D - Self-Certificatio Statement of Compliance (1 page)
Attachment E - As Built Conditi ns (3 pages)
Attachment F- Standard Manat:'e Conditions for In Water Work July 2005 (3 pages)
6
Agenda Item No. 16B5
March 28, 2006
Page 9 of 40
SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
Permit Transfer: When the structures or work authorized by this permit are still in
existence at the time the property is transferred. the terms and conditions of this permit
will continue to be binding on the new owner(s) of the property. To validate the transfer
of this permit, including the liabilities associated with its terms and conditions, please
complete the following:
(PERMITTEE - SIGNATURE AND TITLE) (DATE)
PERMIT NUMBER: SAJ-2003-6964 (IP-RMT)
ORIGINALLY ISSUED TO: Collier County Board of County Commissioners
2885 South Horseshoe Drive
Naples, Florida 34104-6113
LOCATION: Haldeman Creek and adjacent man-made canals are located southwest of
Tamiami Trail (US-41) west to Naples Bay in Sections 11.13,14,15, Township 50 South,
Range 25 East. Collier County. Florida. The 13.25-acre vacant parcel abutting the
creek is located in Section 13, Township 50 South, Range 25 East, Collier County,
Florida. Latitude 26007'24"North; Longitude 81 o44'47"West
AUTHORIZED WORK: To dredge Haldeman Creek and associated manmade canals
and to discharge the dredge material into 0.13 acres of mangrove forested wetlands,
0.04 acres of saltwater herbaceous wetlands, 0.58 acres of freshwater-forested
wetlands, 0.01 acres of freshwater herbaceous wetlands and the 0.46 acre borrow pit
on a 13.25 acre parcel abutting the creek.
SIGNATURE (TRANSFEREE OR COPORA TION OFFICER)
DATE
COMPLETE NAME OF CORPORATION OR INDIVIDUAL - PRINTEDrrYPED
COMPLETE ADDRESS OF CORPORATION OR INDIVIDUAL - PRINTEDITYPED
(TELEPHONE NUMBER)
The above transfer agreement should be completed and mailed to the local Corps of
Engineers Regulatory Office or to:
U.S. Army Corps of Engineers, Jacksonville District
A TTN: Regulatory Division, Enforcement Branch
P.O. Box 4970
Jacksonville, Florida 32232-0019
7
~-
SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
ATTACHMENT A:
PERMIT DRAWINGS
(10 pages)
Agenda Item No. 16B5
March 28, 2006
Page 10 of 40
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March 28, 2006
Page 12 of 40
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Site plans
SAJ-2003-6964 (J P-RMT)
Henderson Creek Dredge
Page 2 of 10
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Site plans
SAJ-2003-6964 (IP-RMT)
Henderson Creek Dredge
Page 3 of 10
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Agenda Item No. 16B5
March 28, 2006
Page 21 of 40
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SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
ATTACHMENT B:
WATER QUALITY CERTIFICATION
SFWMD Permit No. 11-0217156-001-P dated 1 February 2006
With 29 Special Conditions (7 Pages)
Agenda Item No. 16B5
March 28, 2006
Page 22 of 40
Permittee: Collier County BOCC
Permit No. 11-0217156-001
Page 6 of 15
14. Any delineation of the extent of a wetland or other surface water submitted as part of
the permit application, including plans or other supporting documentation, shall not be
considered binding unless a specific condition of this permit or a formal determination under
Section 373.421(2). F.S., provides otherwise.
15. The Permittee shall notify the Department in writing within 30 days of any sale,
conveyance, or other transfer of ownership or control of a permitted system or the real property
on which the permitted system is located. All transfers of ownership or transfers of a permit are
subject to the requirements of Section 62-343.130, F.A.C. The Permittee transferring the permit
shaH remain liable for corrective actions that may be required as a result of any violations prior
to the sale, conveyance or other transfer of the system.
16. Upon reasonable notice to the Permittee, Department authorized staff with proper
identification shall have permission to enter, inspect, sample and test the system to insure
conformity with the plans and specifications approved by the permit.
17. If historical or archaeological artifacts are discovered at any time on the project site,
the Permittee shaH immediately notify the appropriate Department office.
18. The Permittee shaH immediately notify the Department in writing of any previously
submitted information that is later discovered to be inaccurate.
SPECIFIC CONDITIONS:
1. Prior to commencement of dredging on sovereignty, submerged lands, the Permittee
shall remit payment (check or money order, please) to the Department's Fort Myers District
office, p, O. Box. 2549, Fort Myers, FL 33902-2549, for the severance of sovereignty, submerged
land. Pursuant to section 18-21.01 I(3)(a)2, F.A.C., the fee shall be calculated at $2.25 per cubic
yard times the 12,494 cubic yards of sovereignty, submerged land to be dredged, for a total of
$28,111.50. Please ensure that the file number (11-0217156-001) and object code (021006) are
included on the face of the check.
2. The 12 navigation aids to be installed in conjunction with the permitted dredging shall
meet the requirements of chapter 327, F.S., and chapter 68D-23, F.A.C., and shall be maintained
by the permittee for the life of the permitted channel.
Mitigation
3. Prior to commencement of dredging, the permittee shall mitigate for the 0.36 acres of
estuarine impacts by the purchase of 0.36 credits of vegetated non-forested estuarine wetlands
from Little Pine Island Mitigation Bank. Within 10 days of purchase, the permittee shall
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Agenda Item No. 16B5
March 28, 2006
Page 23 of 40
.'
Pennittee: Collier County BOCC
Pennit No. 11-0217156-001
Page 7 of 15
provide the Department with documentation that 0.36 credits have been deducted from the credit
ledger of the bank.
4. Prior to commencement of dredging, the permittee shall mitigate for the 1.05 acres of
freshwater wetland impacts by the purchase of 2.1 credits of herbaceous freshwater credits from
Panther Island Mitigation Bank for freshwater impacts associated with the spoiling activities.
Within 10 days of purchase, the permittee shall provide the Department with documentation
that 2.1 credits have been deducted from the credit ledger of the bank.
General Construction
5. If a conflict occurs between the Specific Conditions of this permit and the drawings
attached to this permit. the Specific Conditions will prevail.
6, The Department reserves the right to require additional water quality treatment methods
to be incorporated into the permitted activity if such measures are shown to be necessary.
7. AU required submittals such as certifications, monitoring reports, notifications, etc., shall
be submitted to:
Florida Department of Environmental Protection, South District Office
P.O. Box. 2549
Fort Myers, FL 33902-2549
All submittals shall include the project name and indicated permit number when
referring to this project.
8. The Permittee shall submit the "Environmental Resource Permit Construction
Commencement" notice (Form No. 62-343.900(3), Florida Administrative Code (F.A.C.)), as
described in Genera) Condition 4 to the Fort Myers office of the Department of Environmental
Protection at PO Box 2549, Fort Myers, Florida 33902-2549.
9. All activities authorized by this permit shall be implemented as set forth in the plans,
specifications and performance criteria as approved by this permit. Any deviation from the
permitted activity and the conditions for undertaking that activity shall constitute a violation of
this permit and a violation of Part Four of Chapter 373. Florida Statutes cP.S.).
10. Any deviation from the general and specific permit conditions or permit drawings shaH
not be undertaken without modification of this permit and submittal of the appropriate
processing fee.
11. If at any time during the permitted dredging and dredge disposal activities, unforeseen
construction impacts to adjacent wetlands or surface waters occur, or complications preventing
compliance with the specifications of this permit arise, the Permittee shall immediately cease
Agenda Item No. 16B5
March 28, 2006
Page 24 of 40
:
Permittee: Collier County BOCC
Permit No. 11-0217156-001
Page 8 of 15
work and notify the Department's South District Office, SLERP Section, P.O. Box 2549, Fort
Myers Florida 33902-2549, 239-332-6975. The Pennittee shall submit analtemate construction
plan to the Department to allow construction to proceed without additional impact or non-
compliance. Work shall not continue until the Department has approved the modification in
writing. Substantial changes from the permitted activities may require fonnal review and
modification of this permit.
12. Prior to commencement of dredging activities as described in the Specific Conditions of
this permit and. shown on the attached permit drawings, the Permittee shall install weighted,
floating turbidity curtains extending to one-foot above the submerged bottom to surround each
reach of the dredge project in Haldeman Creek and Naples Bay. Each individual finger canal
shall constitute a reach. Additional reaches are shown on the attached permit drawings. The
turbidity curtains shall remain in place at each reach of the dredge project duration until the
dredging for each individual reach has been completed and the background turbidity levels are
below 29 Nll.Ts above background levels within that reach. The Permittee shall be responsible
for ensuring that turbidity curtains are inspected daily and maintained in good working order so
that there are no violations of state water quality standards resulting in a degradation of the water
quality. This special condition is designed to ensure that turbidity levels outside the reach being
dredged does not exceed 29 NTU's above background levels and degrade water quality in
Haldeman Creek and Naples Bay.
13. Dredging may be done hydraulically or mechanically as circumstances warrant to
minimize turbidity and to account for potential restrictions on the size and maneuverability of the
dredge equipment in the finger canals and due to the Bayshore Drive bridge.
14. The Permittee shan ensure that the pipe to convey the dredged material shall be aligned
in a manner that minimizes impacts to adjacent resources, including mangroves and oysters. The
pipe wiH enter the spoil disposal site at a portion of the shoreline where the mangroves are the
most sparse. Pipe placement shall not result in damage to existing mangrove trees. If the
shoreline becomes unstabilized, measures will be taken to avoid erosion or turbidity.
16. Turbidity screens shall either enclose the work area as depicted within the canals or be
placed downstream of the barge extending from bank to bank within Haldeman creek and shall
be moved as necessary as the barge is moved. When the barge is operating within Naples Bay
the turbidity screens shall envelop the active dredge area, Turbidity shall not be elevated outside
the screens.
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15. No rock substrate shall be removed as part of the permitted dredging. This shall not
prohibit the removal of rock rubble that may be part of the unconsolidated sediments to be
dredged.
17. The dredging shall comply with applicable State \Vater Quality standards, namely:
a. 62-302.500 - Surface Waters: Minimum Criteria, General Criteria; and
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Agenda Item No. 16B5
March 28, 2006
Page 25 of 40
:
Permittee: Collier County BOCC
Permit No. 11-0217156-001
Page 9 of 15
b. 62-302.530 - Table: Surface Water Quality Criteria
Dredged Material Disposal
18. Prior to commencement of any dredging disposal activities as described in the Specific
Conditions of this permit and shown on the attached permit drawings, the Permittee shall install
an earth em berm/dike and silt screens and hay bales as necessary to separate the dredge disposal
site from areas not proposed to be impacted by the proposed dredge disposal activities.
19. Dredged material will be deposited in the spoil containment area as described the Specific
Conditions of this permit and as shown on the attached permit drawings. Spoil material from the
permitted dredging shall be removed from the spoil containment area shown on the permit
drawings as necessary to ensure that the spoil containment area is never fiIJed to capacity. No
return water is permitted into waters of the State that exceeds state water quality standards.
20. Best management practices for erosion and turbidity control, including. but not limited to,
the use of staked hay bales. silt screens. and turbidity curtains shall be used and maintained as
necessary at all times during the dredge material disposal activities.
21. The spoil disposal activities shall be conducted in a manner that ensures compliance with
applicable State Water Quality standards for Naples Bay. Haldeman Creek, and the man-made
canals, namely:
a. 62-302.500 - Surface Waters: Minimum Criteria, General Criteria; and
b. 62-302.530 - Table: Surface Water Quality Criteria
Monitoring
22. Prior to commencement of the permitted dredging activities. the Permittee shall designate
one person who is qualified in water quality sampling to be responsible during times of dredging
activities and for turbidity monitoring. The individual shall ensure compliance is met at all times
with state water quality criteria as defined in 62-302 PAC. The Permittee shall provide the
Department's South District Office. SLERP Section, P.O. Box 2549, Fort Myers Florida 33902-
2549, the name and all peltinent contact information for the individual.
23. Turbidity monitoring results shall kept onsite and available for inspection when requested
be the DEP South District office
24. During dredging operations the Permittee shall rnonitor turbidity levels within 5 feet of
the active work area once every four hours during dredging operations until project completion.
The active work area shall be that area enclosed within the floating turbidity screens.
Compliance samples shall be taken within the densest portion of any turbidity plume within 5
feet outside of the turbidity curtains. Ambient samples shall be taken once daily up current at
mid-depth and at no time shall the ambient sample be within an apparent turbidity plume. Prior
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Agenda Item No. 16B5
March 28, 2006
Page 26 of 40
-~....-
Permittee: Collier County BOCC
Pennit No. 11-0217156-001
Page 10 of 15
to any dredging operations, the Permittee shan submit to the Department a map indicating
the ambient sampling locations w.ith aU possible sources that may generate turbidity, i.e.
storm water outfalls, etc. All monitoring data shall be submitted weekly until the dredging
completion and contain the following information:
a) permit number, which is 11-0217156-001
b) dates of sampling and analysis,
c) a statement describing the methods used in collection, handling, storage, and
analysis of the samples,
d) a map indicating the sampling locations, and
e) a statement by the individual responsible for implementation of the sampling
program concerning the authenticity, precision, limits of detection and accuracy
of the data.
Monitoring reports shall also include the following information for each sample taken:
a) Time of day sample was taken,
b) Depth of water body.
c) Depth of sample, and
d) Antecedent weather conditions.
If monitoring reveals turbidity levels at the compliance location that appear to violate the State
Water quality standards, construction activities shall cease immediately and not resume until
corrective measures have been taken and turbidity has returned to acceptable levels. Any such
occurrence shall also be immediately reported to the Department's South District Office, SLERP
Compliance and Enforcement Section in Fort Myers. Monitoring reports shall be submitted to
the Department's South District Office, SLERP Compliance and Enforcement Section, at P.O.
Box 2549, Fort Myers, FL 33902-2549 or by fax machine at (239) 332-6969.
25. The following measures shall be taken by the Permittee whenever turbidity levels within
waters of the State surrounding the project site exceed state water quality standards established
pursuant to Rule 62-302, F.A.C.:
a. Immediately cease all work contributing to the water quality violation.
b. Modify the work procedures that were responsible for the violation, install more
turbidity containment devices, and repair any non-functioning turbidity
containment devices.
c. Notify the Department's Submerged Lands and Environmental Resource Program,
South District Branch Office at (239) 332-6975 or by fax. at (239) 332-6975
within 24 hours of the time the violation is first detected.
26. Within 60 days of completion of the permitted dredging activities, the Permittee shall
submit to the Department a detailed report describing the completed construction and including
as-built drawings showing all structures and bathymetry of the project area. The submitted
drawings shall be plan and cross-sectional view drawings, fully scaled and dimensioned, signed
and sealed by a professional engineer registered/licensed in the state of Florida, showing the
Agenda Item No. 16B5
March 28, 2006
Page 27 of 40
..
Permittee: CoJlier County BOCC
Permit No. 11-0217156-001
Page 11 of 15
entire project area. These drawings shall clearly indicate the deviations from the permit
drawings attached to this permit. If the as-built drawings show a significant overdredge that, as
determined by the Department. could potentially result in adverse effects to water quality, the
Permittee shall submit a plan acceptable to the Department to level the bottom surface by
backfilling with clean fill material free of deleterious substances. The plan shall be submitted
within 30 days of the Department's written request for submittal of the plan.
Manatee Protection
27. The Permittee shall comply with the following manatee protection construction
conditions:
a. The Permittee shall instruct all personnel associated with the project of the
potential presence of manatees and the need to avoid collisions with manatees. All construction
personnel are responsible for observing water-related acti vities for the presence of manatees.
b. The Permittee shall advise all construction personnel that there are civil and
criminal penalties for hanning, harassing, or killing manatees, which are protected under the
Marine Mammal Protection Act of 1972, The Endangered Species Act of 1973, and the Florida
Manatee Sanctuary Act.
c. Siltation barriers shall be made of material in which manatees cannot become
entangled, shaH be properly secured, and shall be regularly monitored to avoid manatee
entrapment. Barriers must nor block manatee entry to or exit from essential habitat.
d. All vessels associated with the construction project shall operate at no wake/idle
speeds at all times while in the construction area and while in water where the draft of the vessel
provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep
water whenever possible.
e. If a manatee is sighted within 100 yards of the project area, precautions shall be
implemented by the Permittee and the contractor to ensure protection of manatees. These
precautions shall include not operating any equipment closer than 50 feet to a manatee, and
immediately shutting down equipment if a manatee comes within 50 feet of the equipment.
Activities will not resume until the manatees have departed the project area of their own volition.
f. Any collision with or injury to a manatee shall be reported immediately to the
Florida Fish and Wildlife Conservation Commission (FFWCC) at 1-888-404-FWCC (1-888-404-
3922). Collision and/or injury should also be reported to the U,S. Fish and Wildlife Service in
Jacksonville (1-904-232-2580) for North Florida or in Vera Beach (1-772-562-3909) for South
Florida.
g. Temporary signs concerning manatees shall be posted prior to and during all
construction/dredging activities. All signs are to be removed by the Permittee upon completion
of the project. A sign measuring at least three feet by four feet which reads "Caution: Manatee
Area" shall be posted in a location prominently visible to water related construction crews. A
second sign shall be posted if vessels are associated with the construction and shall be placed
visible to the vessel operator. The second sign shall be at least 8 l/2 inches by 11 inches and
read:
Agenda Item No. 16B5
March 28. 2006
Page 28 of 40
Permittee: Collier County BOCC
Permit No. 11-0217156-001
Page 12 of 15
Caution: Manatee Habitat. Idle speed is required if operating a vessel in the
construction area. All equipment must be shutdown if a manatee comes within 50 feet of
the operation. Any collision with and/or injury to a manatee shall be reported
immediately to the FWC Hotline at 1-888-404-FWCC (1.888-404-3922). The U.S. Fish
and Wildlife Service should also be contacted in Jacksonville (1-904-232-2580) for
North Florida or in Ver~ Beach (1-772-562-3909) for South Florida.
Specific information on obtaining these signs may be obtained by contacting the Department or
FFWCC at (850) 922-4330.
28. At least one person shall be designated as a manatee observer when in-water work is being
performed. That person shall have experience in manatee observation, be approved by the
FFWCC at least two weeks before the beginning of construction, and be equipped with polarized
sunglasses to aid in the observation. The manatee observer must be on site during all in-water
construction activities and will advise personnel to cease operation upon sighting a manatee
within 50 feet of any in-water construction activity. Movement of a work barge, other associated
vessels, or any in-water work shall not be performed after sunset, when the possibility of sighting
manatees is negligible.
29. The Department has determined that the proposed activity, because of its size, potential
effect on the environment or the public, controversial nature, or location, is likely to have a
heightened public concern or likelihood of request for administrative proceedings. Therefore,
pursuant to Section 373.413(4), F.S.. and Section 62-343.090(2)(k), F.A.C., the Permittee is
required to publish at the Permittee's expense the enclosed Notice of Permit. The notice is
required to be published one time within thirty (30) days, in the legal ad section of a newspaper
of general circulation in the area affected. For the purpose of this rule, "publication in a
newspaper of general circulation in the area affected" means publication in a newspaper meeting
the requirements of Sections 50.011 and 50.031, F.S., in the county where the activity is to take
place. The Permittee shall reference Permit No. 11-0217156-001, when providing proof of
publication to:
RIGHTS OF AFFECTED PARTIES
.I
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Department of Environmental Protection
P.O. Box. 2549
Fort Myers, Florida 33902-2549
The proof of publication shall be provided to the above address within seven (7) days of
publication. Failure to publish the notice and provide proof of publication within the allotted
time shall be grounds for revocation of the permit
,..-..
This permit and letter of consent to use sovereignty submerged lands are hereby granted.
This action is final and effective, on the date filed with the Clerk of the Department unless a
SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
ATTACHMENT C:
SPECIAL CONDITIONS
Compensatory Mitigation
With Mitigation, Monitoring and Maintenance Plan
(1 Page)
Agenda Item No. 16B5
March 28, 2006
Page 29 of 40
Agenda Item No. 16B5
March 28, 2006
Page 30 of 40
:,,-
Compensatory Off-site Mitigation
Haldeman Creek Dredge
SAJ-2003-6964 (IP-RMT)
As compensation for both direct and secondary impacts you shall
purchase 0.36 saltwater-forested credits and 0.02 saltwater-
herbaceous credits at Little Pine Island Mitigation Bank (LPIMB) and
purchase 1.60 freshwater-forested and 0.92 freshwater-herbaceous
credits at Panther Island Mitigation Bank (PIMB). Within 60 days of
issuance of this permit provide written documentation to the Corps of
Engineers that the mitigation as described above has been purchased.
.~
SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
ATTACHMENT D:
SPECIAL CONDITIONS
Self-Certification Statement of Compliance
(1 Page)
Agenda Item No. 16B5
March 28, 2006
Page 31 of 40
..
Agenda Item No. 16B5
March 28, 2006
Page 32 of 40
SELF-CERTIFICATION STATEMENT OF COMPLIANCE
Permit Number: SAJ-2003-6964 (IP-RMT)
Permittee's Name and Address (please print or type):
Telephone Number:
Location of the Work:
Date Work Started:
Date Work Completed:
Acreage or Square Feet of Impacts to Waters of the United States:
Describe Mitigation Completed (if applicable):
Describe any Deviations from the approved permit drawings and special
conditions (attach drawing(s) depicting the deviations):
**********************************************
I certify that all work, and mitigation (if applicable) was done in accordance
with the limitations and conditions as described in the permit. Any
deviations as described above are depicted on the attached drawing(s).
Signature of Permittee
Date
,
SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
ATTACHMENT E:
SPECIAL CONDITIONS
As Built Conditions (3 pages)
Agenda Item No. 16B5
March 28, 2006
Page 33 of 40
Agenda Item No. 16B5
March 28, 2006
Page 34 of 40
SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
AS-BUILT SPECIAL CONDITIONS
1. The permittee shall provide as-built drawings of the authorized work, including
mitigation, and a completed As-Built Certification Form. The drawings and Certification
Form are to be submitted within 60 days of completion of the authorized work, including
mitigation, or at the expiration of the construction authorization of the permit, whichever
comes first. The drawings and Certification Form must be signed and sealed by a
professional engineer registered in the State of Florida. In the event that the completed
work deviates from the approved permit drawings and special conditions, the permittee
shall describe, on the Certification Form, the deviations between the work authorized by
the permit and the work as constructed. A blank form is attached. Please note that the
depiction and description of the deviations on the drawinQs and Certification Form does
not necessarilv mean that the Corps will approve of them.
2. As-built drawings shall include:
a. Location of the authorized work footprint (as shown on the permit drawings)
with an overlay of the work as constructed.
b. Clear indication of any deviations, which have been described on the As-Built
Certification Form.
c. The Department of the Army Permit Number.
d. A plan view of the overall footprint of the project showing all "earth
disturbance", including wetland impacts, water management structures, and anyon-site
mitigation areas.
e. A detailed plan view of all created and/or restored or enhanced mitigation
areas showing planting zones, and cross-sections of the mitigation areas showing
elevations corresponding to the plantings; elevations of the inverts of any control
structures (inflow and outflow) servicing the mitigation areas.
f) Any stormwater management system, that is a part of a wetland creation,
restoration or enhancement mitigation project, especially elevations of the inverts of the
control structures.
1
Agenda Item No. 16B5
March 28, 2006
Page 35 of 40
SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
AS-BUILT CERTIFICATION BY PROFESSIONAL ENGINEER
Submit this form and one set of as-built engineering drawings to the U.S. Army Corps of
Engineers, Enforcement Branch, Post Office Box 4970, Jacksonville, Florida 32232-0019.
If you have questions regarding this requirement, please contact the Enforcement Branch
at 904-232-2907.
1. Department of the Army Permit Number:
2. Permittee Information:
Name
Address
3. Project Site Identification:
Physical location/address
4. As-Built Certification:
I hereby certify that the authorized work, including any mitigation required by Special
Conditions to the permit, has been accomplished in accordance with the Department of
the Army permit with any deviations noted below. This determination is based upon on-
site observation, scheduled and conducted by me or by a project representative under my
direct supervision. I have enclosed one set of as-built engineering drawings.
Signature of Engineer
Name (Please type)
Company Name
(FL, PR or VI) Reg Number
Address
City
State
ZIP
(Affix Seal)
Date
Telephone Number
2
__._____ ...._ ". ,.,___,_,._____ ___._.._m_e" ,,_,__...
Agenda Item No. 16B5
March 28, 2006
Page 36 of 40
-,""-"
SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
Deviations from the approved permit drawings and special conditions: (attach additional
pages if necessary)
3
SAJ-2003-6964 (I P-RMT)
Haldeman Creek Dredge
ATTACHMENT F:
SPECIAL CONDITIONS
Standard Manatee Conditions for In Water Work
July 2005 (3 pages)
Agenda Item No. 16B5
March 28, 2006
Page 37 of 40
Agenda Item No. 16B5
March 28, 2006
Page 36 of 40
SAJ-2003-6964 (IP-RMT)
Haldeman Creek Dredge
Deviations from the approved permit drawings and special conditions: (attach additional
pages if necessary)
3
Agenda Item No. 16B5
March 28, 2006
Page 38 of 40
.,....-.
STANDARD MANATEE CONDITIONS FOR IN-WATER WORK
July 2005
The permittee shall comply with the following conditions intended to protect manatees
from direct project effects:
a. All personnel associated with the project shall be instructed about the presence
of manatees and manatee speed zones, and the need to avoid collisions with
and injury to manatees. The permittee shall advise all construction personnel
that there are civil and criminal penalties for harming, harassing, or killing
manatees whic h are protected under the Marine Mam mal Protection Act, the
Endangered Species Act, and the Florida Manatee Sanctuary Act.
b. All vessels associated with the construction project shall operate at "Idle
Speed/No Wake" at all times while in the immediate area and while in water
where the draft of the vessel provides less than a four-foot clearance from the
bottom. All vessels will follow routes of deep water whenever possible.
c. Siltation or turbidity barriers shall be made of material in which manatees cannot
become entangled, shall be properly secured, and shall be regularly monitored to
avoid manatee entanglement or entrapment. Barriers must not impede manatee
movement.
,-
d. All on-site project personnel are responsible for observing water-related activities
for the presence of manatee(s). All in-water operations, including vessels, must
be shutdown if a m anatee( s) comes within 50 feet of the operati on. Activities will
not resume until the manatee(s) has moved beyond the 50-foot radius of the
project operation, or until 30 minutes elapses if the manatee(s) has not
reappeared within 50 feet of the operation. Animals must not be herded away or
harassed into leaving.
e. Any collision with or injury to a manatee shall be reported immediately to the
FWC Hotline at 1-888-404-FWCC. Collision and/or injury should also be
reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232-2580)
for north Florida or Vero Beach (1-561-562-3909) for south Florida.
f. Temporary signs concerning manatees shall be posted prior to and during all in-
water project activities. All signs are to be removed by the permittee upon
completion of the project. Awareness signs that have already been approved for
this use by the Florida Fish and Wildlife Conservation Commission (FWC) must
be used. One sign measuring at least 3 ft. by 4 ft. which reads Caution: Manatee
Area must be posted. A second sign measuring at least 81/2" by 11" explaining
the requirements for "Idle Speed/No Wake" and the shut down of in-water
operations must be posted in a location pr ominently visible to all personnel
engaged in water-related activities.
Agenda Item No. 16B5
March 28, 2006
Page 39 of 40
FWC Approved Manatee Educational Sian Suppliers
ASAP Signs & Designs
624-B Pinellas Street
Clearwater, FL 33756
Phone: (727) 443-4878
Fax: (727) 442-7573
Wilderness Graphics, Inc.
P. O. Box 1635
Tallahassee, FL 32302
Phone: (850) 224-6414
Fax: (850) 561-3943
www.wildernessqraohics.com
Cape Coral Signs & Designs
1311 Del Prado Boulevard
Cape Coral, FL 33990
Phone: (239) 772-9992
Fax: (239) 772-3848
Municipal Supply & Sign Co.
1095 Fifth Avenue, North
P. O. Box 1765
Naples, FL 33939-1765
Phone: (800) 329-5366 or
(239) 262-4639
Fax: (239) 262-4645
www.municioalsiqns.com
Vital Signs
104615 Overseas Highway
Key Largo, FL 33037
Phone: (305) 451-5133
Fax: (305) 451-5163
Universal Signs & Accessories
2912 Orange Avenue
Ft. Pierce, FL 34947
Phone: (800) 432-0331 or
(772) 461-0665
Fax: (772) 461-0669
New Cit~ Signs
1829 28' Street North
S1. Petersburg, FL 33713
Phone: (727) 323-7897
Fax: (727)323-1897
United Rentals Highway
Technologies
309 Angle Road
F1. Pierce, FL 34947
Phone: (772) 489-8772
or (800) 489-8758 (FL only)
Fax: (772) 489-8757
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Agenda Item No. 16C1
March 28,2006
Page 1 of 11
EXECUTIVE SUMMARY
Recommendation to award Contract 05-3838R, "Land Development, Conditional Use
Rezone, and Permitting Services for the Solid Waste Park" for Collier County, with Post,
Buckley, Schuh & Jernigan, Inc., for the site of the Solid Waste Park, Project 59007, in the
amount of $569,049.
OBJECTIVE: To obtain Board of County Commissioners (BCC) approval of a contract with
Post Buckley, Schuh & Jernigan, Inc. for Professional Services associated with Permitting,
Rezoning, and Site Development for the proposed Solid Waste Park located in County owned
property immediately north of the Naples Landfill, in the amount of$569,049.
-
CONSIDERATIONS: The public purpose of this action is to facilitate the development of the
Solid Waste Park, which will include seeking the necessary zoning changes using the
Conditional Use Permit process, obtaining necessary permits to begin construction of the Park,
and to provide design of a storm related temporary debris staging area. The main goal of this
land development project is to develop Solid Waste facilities intended to increase landfill
capacity by diverting waste material from the landfill and preserving landfill airspace, and to set
up central areas for post-storm and other debris processing. The County owns approximately 360
acres in Section 25 Township 49S Range 26E, located just north of the Naples Landfill. The
property was purchased by the Solid Waste Department in the 1980's and early 90's initially with
the intent of expanding landfill operations.
The Future Land Use Element states: Public facilities, including solid waste and resource
recovery facilities, and public vehicle and equipment storage and repair facilities shall be
permitted as a Conditional Use within Section 25 Township 49S Range 26E, on lands adjacent to
the existing County Landfill.
In August of2003, Malcolm Pirnie Inc developed a conceptual design of an Integrated Solid
Waste Management Park site which depicted a basic layout of facilities planned as part of the
Solid Waste Integrated Strategy, including: a Materials Recovery Facility (MRF), landfill gas to
energy facility (LGTE), construction and demolition (C&D) processing and transfer site,
biomass processing area, storm related temporary debris staging site, artificial reef processing
and transfer site, recycling center, education center, household hazardous waste facility (HHW),
and administration office building. In April 2004, the Conceptual Plan for the Integrated Solid
Waste Management Facility was presented to the Community Development and Environmental
Services Division, Current Planning Manager from Planning Services and the Chief Planner
from Comprehensive Planning to confirm compliance with the Growth Management Plan. There
were no objections to the plan.
-
Request for Proposal #05-3838R was advertised on August 8, 2005. One hundred fifty-six
notices were sent out, twenty firms requested packages, and two proposals were submitted. A
selection committee of five staff members reviewed all proposals under the guidance of the
Purchasing Agent, then met on November 4, 2005 and, by consensus, chose Post, Buckley,
Schuh & Jernigan to recommend to the BCC for award of this contract.
Agenda Item No. 16C1
March 28,2006
Page 2 of 11
Post, Buckley, Schuh & Jernigan, Inc has submitted a time and materials proposal for $569,049.
The scope of this contract will be to begin the Public Hearing process for the Conditional Use
Zoning Petition to obtain Conditional Use zoning and subsequently to obtain necessary permits
for the Solid Waste Park and to begin construction ofthe storm related temporary debris staging
area.
Staff has reviewed the proposal and considers the scope and estimated costs to be fair and
reasonable. Hourly rates have been compared to typical current rates and task-specific hours
have been estimated based on several team meetings and pre-application meeting at the
Community Development and Environmental Services Division. The Clerk's Finance and
Accounting Division and Purchasing Department have reviewed the information contained in
this Executive Summary.
FISCAL IMPACT: The funding for this work order is available from the project budget. The
source of funds is the Solid Waste Capital Projects Fund (474). Projects Fund 474 was budgeted
and approved by the BCC at the Budget Hearing of September 22, 2005.
GROWTH MANAGEMENT IMP ACT: This project is consistent with the Growth
Management Plan.
-
RECOMMENDATION: That the Board of County Commissioners approve Contract # 05-
3838R with Post, Buckley, Schuh & Jernigan, Inc., in the amount of $569,049, and authorize the
Chairman to execute the standard Professional Services Agreement after review by the County
Attorney's Office.
PREPARED BY: R. Shane Cox, P.E., Senior Project Manager
-
Item Number:
Item Summary:
Meeting Date:
Agenda 11em No. 16C1
March 28, 2006
Page 3 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16G1
Recommendation to award Contract 05-383BR, Land Development, Conditional Use Rezone,
and Permitting Services for the Solid Waste Park for Collier County, with Post, BuckI9~',
Schut, & Jernigan, Inc., for the site of the Solid Waste Park, Project 59007, in the amounl of
$569,049
3,2BI2006 9:00:00 AM
Senior Project Manager
Date
Prepared By
R. Shane Cox. P.E.
Public Utilities
Public Utilities Engineering
2113120068:37:46 AM
Principal Project Manager
0...
Approved By
William D. Mullin, PE
Public Utilities
Public Utilities Engineering
2/17/20063:10 PM
Roy B. Anderson, P .E.
Public Utilities Enginl"ering Director
Date
Approved By
Public Utilities
Public Utilities Engineering
2121120065:11 PM
Lyn Wood
Purchasing Agent
Date
Approved By
Administrati....e Sorvices
Purchasing
2122/20068:20 AM
Thomas Wides
Operations Director
Date
Approved B:y
Public Utilities
Public Utlli1ias Operation!!>
3/21200611 :09 AM
Steve Carnell
Purchasing/General SVCG DIrector
Date
Approved By
Admlnistrati....e Services
Purchasing
31212006 1 :56 PM
Approved B)'
Date
Oaniel R. Rodriguez, M,B.A. Interrm Solid Waste Director
312120064:00 PM
Approved By
Public Utilities Solid Waste
Public Utilities Administrator
Date
James W. Delony
Public Utilitle6
Public Utilities AdminlstratiDn
,/3/20061:56 PM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's. Office
Office of Management & Budget
3/15/20066:05 AM
Susan Usher
Senior Management!Budgat Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
3/19/2006 2:06 PM
Michael 5mykowski
Mana:gernent & Budget Director
Datf!"
Approved By
County Manager's Office
Office of Management & Budget
3/20/2006 11 :20 AM
Leo E. Ochs, Jr.
Deputy County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
3/20/20064:14 PM
Agenda Item No. 16C1
March 28, 2006
Page 4 of 11
A TTCHMENT "A"
SCOPE OF SERVICES
COLLIER COUNTY
PLANNING SERVICES FOR CONDITIONAL USE PERMITTING
FOR THE SOLID WASTE PARK
FEBRUARY 10, 2006
I DESCRIPTION
The following Scope of Services addresses requirements necessary to assist the Collier
County Solid Waste Management Department to meet permit application sufficiency for
Conditional Use of a 360-acre site located in Section 25, Township 49S, Range 26E. The
intended outcome of the proposed service is the conditional use approval by the Collier
County Board of County Commissioners to utilize the site for storm debris management,
yard waste processing/recycling, household hazardous waste management, gas
management and construction debris management. Other uses may be considered by the
County for the site subsequent to the environmental impact assessment. Basic services
require surveying, ecological and wildlife mapping, planning and conditional use
approval.
II SCOPE OF SERVICES
Task 100
Project Management
The CONSULTANT will coordinate the team and project progression.
100.01 Attend Kickoff meeting - The project manager (PM) from PBS] will
coordinate progress meetings as necessary to review the project status and
address open issues. Meeting minutes will be prepared by PBS] and they will
be distributed to all team members.
100.02 Attend Monthly Meetings (12) - The project manager (PM) from PBS] will
coordinate progress meetings as necessary to review the project status and
address open issues. Meeting minutes will be prepared by PBS] and they will
be distributed to all team members. The project schedule will be addressed and
distributed also. It is anticipated that 12 meetings will be held.
100.03 Maintain weekly job coordination - The PM will serve as the point contact
for all matters related to the project between the County and the Engineer.
PBSI
Collier County Solid Waste Park
Agenda Item No. 16C1
March 28, 2006
Page 5 of 11
Task 200
Environmental Surveys
1. Preparation of a County Environmental Impact Statement (EIS) as defined in the
Collier County Land Development Codes (LDC) as required for a Conditional
Use application.
a. Provide surveys to identify occurrence, locate, and map state and
federally protected species and/or their habitat. Under this scope of
services, species-specific surveys are proposed exclusively for the red-
cockaded woodpecker and Southeastern American Kestrel. If the
County requires additional species surveys, those surveys can be
included under Additional Services.
b. Map all land uses on site using the Florida Land Use Covers and
Forms Classification System (FLUCFCS) through groundtruthing.
Exhibit is to be provided on a recent aerial image of the site.
c. Pursue a Formal Wetland Jurisdictional Determination for entire site
through preparation and submittal of a SFWMD Formal Determination
Request Application Package. SFWMD confirmed wetland lines and
approval of Unified Mitigation Assessment Method (UMAM) scoring
for wetland impacts are required as part of the ElS.
d. Provide an inventory of protected plant species based on literature
review and comprehensive pedestrian survey of the entire site.
e. Coordination with project team to incorporate environmental data into
proposed site development plan as per Chapter 10.02.02 (4) LDC.
2. Coordination with Regulatory Agencies and Others
a. SFWMD: Not to exceed three days in the field as part of Formal
Jurisdictional Determination.
b. Florida Fish and Wildlife Conservation Commission (FFWCC):
Coordination for protected species occurrence, acceptable survey
protocol and one pre-ERP application meeting.
c. U.S. Fish and Wildlife Service (FWS): Early coordination to
determine level of consultation and potential permitting requirements
under the Endangered Species Act. Not to exceed two meetings with
FWS.
d. Collier County Planning and Zoning: Up to three meetings with staff
to receive input on completeness ofEIS.
e. Public Workshop Participation: Attendance in up to two public
workshops regarding Conditional Use approval.
3. Additional Services (Not included in this scope of services)
PBSJ
2
Collier County Solid Waste Park
Agenda Item No. 16C1
March 28,2006
Page 6 of 11
a. Perform protected species surveys for animals not identified above as
per requirements put forth by County environmental staff, FFWCC
and/or the FWS.
b. Wetland Permitting: Provide permitting services to pursue issuance of
a state Environmental Resource Permit, a federal Section 404 Dredge
and Fill Permit (Clean Water Act) and County Site Development Plan
approval.
Task 300 Land Surveys
300.01 Boundary - A 360acre+/- boundary survey in section 25-49-26. Boundary
survey will be on state plane Florida east zone NAD83, 1999 adjustment.
Title commitments or O&E reports will be provided by Collier County prior to
start of survey.
300.02 Limited Topographic Survey - Elevations will be taken on a 1000' grid in the
interior boundary. Elevations will be based on NGVD 1929.
300.03 Jurisdictional Lines - Locate up to 2000' of J.D. line and show on the
Boundary Survey. J.D. lines will be flagged by the ecologist.
300.04 Geotechnical Boring - Up to 30 boring spots will be located or staked with no
elevations.
300.05 Archeological Assessment (preliminary) - A preliminary archeological
assessment will be performed using existing databases and a surface
reconnaissance investigation to establish the presence of archeological artifacts
such as arrow heads and graves. Should archeological artifacts be documented
then additional archeological assessment (level II) may be required as an
additional service to account for impacts the project will have.
300.06 Tree Survey - A site specific tree survey will be performed to locate all trees
that are greater than four inches in diameter as measured four feet above the
ground surface. NOT INCLUDED.
Task 400
TRAFFIC IMPACT STATEMENT
Prepare a traffic impact statement analyzing the proposed trip generation for the solid
waste park in accordance with the Collier County Land Development Code. Level of
Service will be analyzed at the landfill entrance based on the existing and proposed build
PBSJ
3
Collier County Solid Waste Park
Agenda Item No. 16C1
March 28, 2006
Page 7 of 11
out traffic. Turn lane and intersection improvements will be analyzed for the existing
landfill entrance.
Property appraiser records will be analyzed to establish a proposed eastern property
connection. A single route will be considered.
Task 500
Master Planning
500.01 Site Aerial Photo - Obtain available (from the Collier County Property
Appraiser's Office) aerial photography surrounding the project area to be used
throughout the rezoning process.
500.02 Existing zoning/land use - Obtain site information regarding intended use of
the property for the conditional use.
500.03 Alternatives Analysis - Based on the results of the ecological study, and
direction provided by the County as to the desired utilization, prepare two (2)
preliminary alternative layouts of the anticipated program layouts. The
alternative layouts will be prepared using freehand graphics.
500.04 Consensus Building - Review alternate layouts with the County to establish
the preferred alternative.
500.05 AutoCAD Development - Enter the County selected Site Master Plan into an
Auto CAD 2000 digital format file. The Site Master Plan will include
information stipulated in the Collier County Land Development Code to
graphically illustrate the development strategy.
Task 600
Conceptual Storm Report
600.01 SFWMD Pre-application meeting - The CONSULTANT will arrange and
attend a pre application meeting with the SFWMD and County staff. The intent
of this meeting will establish design requirements and constraints for the
projects.
600.02 Design Report - The CONSULTANT will prepare a report for the COUNTY
that outlines findings and design criteria. Estimated pond layout, control
elevations and littoral shelf requirements will be established.
PBSJ
4
Collier County Solid Waste Park
Agenda Item No. 16C1
March 28, 2006
Page 8 of 11
Task 700
not used
Task 800
Public Meetings And Rezone/Conditional Use Submittal
800.01 Start-up Meetings - PBS&J will participate in up to two (2) meetings with the
County to discuss the rezoning pre-application, confirm potential land
uses/program elements, establish a schedule, and develop reporting
requirements. PBS&J will work with Collier County to meet a mutually agreed
upon schedule.
800.02 Research Information/Site Visit/Base Map Preparation
- Coordinate collection of property appraiser maps and background materials as
well as any relevant codes and ordinances from the appropriate jurisdictional
agenCIes.
- Visit the site to gather information and photo-document existing conditions.
- Research existing and proposed land use and zoning data, parcel ownership
data, conditional use requirements, and landscape requirements.
- Develop a visual inventory on an aerial map at an appropriate scale.
800.03 Public Involvement/Meetings
-PBS&J will attend one (1) meeting with the surrounding neighborhoods prior
to the preliminary alternative layouts development. Comments and ideas
received during these meetings will be incorporated, where appropriate, into the
alternative concepts. Citizen comments will be provided to the County.
-As required by Collier County Land Development code, PBS&J will attend
one (1) neighborhood information meeting (NIM) with the surrounding
neighborhoods. PBS&J will present the two (2) preliminary alternative layouts
approved by the County. Citizen comments will be recorded and provided to
the County.
-PBS&J will participate in two (2) rezone sufficiency review sessions with the
Collier County Land Development Services staff. PBS&J will respond to
questions and prepare materials.
-PBS&J will attend up to two (2) meetings with County legal staff to negotiate
terms and conditions of the rezone application.
-As required by Collier County Land Development code, PBS&J will attend up
to three (3) public hearings conducted by each of the following governing
PBSJ
5
Collier County Solid Waste Park
Agenda Item No. 16C1
March 28, 2006
Page 9 of 11
bodies:
Environmental Advisory Council (EAC),
Collier County Planning Commission, and
Board of County Commissioners
PBS&J staff will review the rezone (conditional use application) status, present
the County preferred master plan, relay citizen comments, and receive
comments from each body.
800.04 Conditional Use Application:
PBS&J will prepare the Conditional Use Application as required by the Collier
County Land Development code. The Application will be in accordance with
the Conditional Use Application Submittal Checklist and include:
-Final approved layout
-Environmental Impact Statement
- Traffic Impact Statement
-Survey
Task 900
Additional Services
For unforeseen requirements of change in this scope of services an allotment is included
in the fee schedule for additional services. The Engineer may only proceed with
additional services after the County in writing gives direction. Said direction will include
the scope of additional work and the schedule of fees associated with it. Additional
services may include but are not limited to landfill planning, geotechnical testing,
archeological study, architectural site model, etc.
III. COUNTY RESPONSIBILITY
The County will be responsible to provide the following information:
. Timely review and comments on draft submittals
. County records available for the site.
IV. SCHEDULE
PBS&J will coordinate with the County regarding milestones and appropriate schedule
benchmarks.
V. COMPENSATION
PBSJ
6
Collier County Solid Waste Park
Agenda Item No. 16C1
March 28, 2006
Page 10 of 11
Compensation for the above services shall be in accordance with the attached spreadsheet
entitled Table 1.
VI. ADDITIONAL SERVICES
Additional services shall be negotiated separately as either lump sump or hourly m
accordance with attached rate table and may include:
(a) Additional meetings with the area residents in addition to the required
neighborhood meeting.
(b) Additional research and unusual defense of the project regarding potential
noise, odor and other nuisance effects on area homeowners. The extent of
this effort will only be known after the initial neighborhood meeting is
held.
(c) Existing available traffic data will be used to the maximum extent feasible.
In the event that insufficient traffic data is available from existing sources,
it may be necessary for Solid Waste to collect machine traffic count data
and/or manual turning movement data on one or more facilities within the
radius of influence of the project. Solid Waste or one of its traffic data
collection sub consultants will collect the necessary data in the manner
prescribed by Collier County.
(d) Provide additional site planning services as required. It is acknowledged
that additional fees may be needed based on the specific scope of work
required.
VII CLARIFICATIONS
I. All submittal fees, review fees, recording fees, permit fees, construction inspection fees,
and fiscal arrangements will be paid by the Client.
2. Services that are not specified in this Scope of Services are subject to a written
addendum to this Contract. Additions, deletions, and changes in the Scope of
Proposed Services will be agreed upon in writing between the Client and PBS&J.
PBSJ
7
Collier County Solid Waste Park
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EXECUTIVE SUMMARY
Agenda Item No. 16C2
March 28, 2006
Page 1 of 5
-- Recommendation to authorize conveyance of an Easement to Florida Power & Light
Company (FPL) for the installation of underground electric facilities to provide electric
service to the South County Regional Water Treatment Plant 12-MGD Reverse Osmosis
Expansion (SCRWTP 12-MGD RO Expansion), at a cost not to exceed $27.00, Project
Number 700971.
OBJECTIVE: The public purpose is to convey an Easement to FPL to improve servIce
reliability to the SCRWTP ]2-MGD RO Expansion.
CONSIDERATION: The SCRWTP 12-MGD RO Expansion will be located in the SCRWTP
8-MGD RO Plant building. In order for FPL to provide required electric service to the RO
Expansion, FPL requires an easement on the Property to connect new with existing electric
facilities.
The easement area measures ] 0 feet in width by 25 feet in length and is described on Exhibit "A"
to the attached Easement. Real Estate Services' staff Appraiser valued the Easement at $276.
The County will not be compensated, however, because the Easement is a requirement of FPL to
provide improved service to the Property.
The Easement has been reviewed and approved by the County Attorney's Office, the Parks and
Recreation Department, and the Public Utilities Engineering Department. The Clerk's Office has
also reviewed this information.
_.
The intent of this action is consistent with the 2003 Update to the Water Master Plan, as adopted
by the Board on May 25, 2004, as Agenda Item 10D, because approving this Easement will
further the process of enhancing public water supply reliability.
FISCAL IMPACT: The total cost will not exceed $27.00 to record the Easement. Funds in the
amount of $27.00 are available for this project. The intent of the proposed work is consistent
with the FY06 Water Capita] Budget for FY06 for Project 70097], SCRWTP 12-MGD RO
Expansion, as approved by the Board on September 27, 2005. Source of funds is Water Impact
Fees (411).
GROWTH MANAGEMENT IMP ACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the attached Easement; and
2. Authorize the Chairman to execute the attached Easement; and
3. Authorize the recording ofthe Easement in the Collier County Public Records.
-
PREPARED BY: Thomas A. Deusa, Property Acquisition Specialist
Real Estate Services / Facilities Management Department
Item Number:
Item Summary:
Meeting Date:
Agenda Ilem No. 16C2
March 28, 2006
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C2
Recommendation to authorize conveyance of an Easement to Florida Power & Light
Company (FPL) for the installation of underground electric facilities to provide electric service
to the South County Regional Water Treatment Plant 12~MGD Reverse Osmosis Expansion
(SCRWTP 12MMGD RO Expansion), at a cost not to exceed $27.00, Project Number 700971.
3/26/2006 9.00:00 AM
Date
Prepared By
Parfirio E. Gramatges, P.E, Sf. Project Manager
2110/200611:01 :30 AM
Approved B}'
Public Utlltties Public Utilities Engineering
Water Qperntions Manager
Date
Pamela LIbby
Public. Utilities
Water
2112J20061:53 PM
Paul Mattausch
Water Director
Date
Approved By
Public Utilities
Water
2f131200G 4:54 PM
Roy B. Anderson, P.E.
Public Utilitie$ Engineering Director
Date
Approved By
Puhlic Utilities
Public Utilities Engineering
2/14/200611:02 AM
Thomas Wides
Operations Director
Date
Approved By
Public Utilities
Public UtilitiEts Operations
3121200611:11 AM
James W. Delony
Public Utilities Administrator
Date
Approved By
publie Utilities
Public Utilities Administration
3/13./200611::33 AM
Administrative Assistant
Date
Approved By
OMB Coordinator
County Manager's Office
Office of Management & Budget
3/15/20068:04 AM
Rllndy Greenwald
Management/Budget An<llyst
Date
Approved By
County Manager's Office
Office of Management & Budgel
3117120068:13 AM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
OfficI!' of Management & Budget
3/17/20064:07 PM
Loo E. Ochs. Jr.
Deputy County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
3/20120068:37 AM
EASEMENT
Agenda Item No. 16C2
March 28, 2006
Page 3 of 5
Form 3722-A (Stocked) Rev.7/94
Work Order No.
Prepared By: Thomas A. Deusa
Name: Frank Balogh
Co. Name: FP&L Co,
Address: 1813 Lee Street
Ft. Myers, FL 33901
Sec. 35, Twp.49S, Rge.26E.
Parcell.D. 00298280001
(Maintained by Property Appraiser)
The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of
which is hereby acknowledged, grant and give to Florida Power & Light Company. its licensees, agents, successors, and assigns, an
easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires,
poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add
to, enlarge. change the voltage. as well as, the size of and remove such facilities or any of them within an easement 10 feet in width.
described as foliows:
An FP&L Company easement more particularly described on Exhibit "An attached hereto and made a part hereof. Said
easement prepared by Thomas M. Murphy of Hole Montes,
Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and
conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at
all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim
and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might
interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest
extent the undersigned has the power to grant. if at all, the rights hereinabove granted on the land heretofore described. over, along,
under and across the roads, streets or highways adjoining or through said property.
IN WITNESS WHEREOF. the undersigned has signed and sealed this instrument on this _ day of
,2006.
Board of County Commissioners
Collier County, Florida
By:
Frank Halas, Chairman
3301 Tamiami Trail East
Naples, Florida 34112
Attest:
Dwight E, Brock, Clerk
3301 Tamiami Trial East
Naples, Florida 34112
Approved as to form and
Legal sufficiency:
.~ G2 tkO-~hA~A
Ellen T. Chadwell, Assistant Counly Attorney
NtPL!')
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Agenda Item No. 16C3
March 28, 2006
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to approve, execute and record Satisfactions for certain Water
and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $68.50 to record
the Satisfactions of Lien.
OBJECTIVE: Recommendation that the Board acknowledges full payment, and
executes Satisfactions for the Agreement To Extend Installment Payment of Water
and/or Sewer System Impact Fees.
CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as
Ex-Officio the Governing Board of the Collier County Water Sewer District, is the owner
and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water
and/or Sewer System Impact Fees executed by:
SEE ATTACHED EXHIBIT "A"
Full payment and satisfactions of these agreements have been made.
The County Attorney's Office has reviewed and approved the satisfactions.
FISCAL IMPACT: Satisfaction of these agreements has increased the cash flow in the
water impact fee (Fund 411) by $0.00 and sewer impact fee (Fund 413) by $8,367.10.
The fiscal impact for recording the Satisfactions of Lien is approximately $68.50, which
is to be charged to (Fund 408) the County Water/ Sewer Operating Fund Utility Billing
cost center.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with these items.
RECOMMENDATION: Recommendation to acknowledge full payment and the
satisfactions of these agreements and to surrender the same as canceled. Authorize
the Chairman to execute the Satisfactions of Notice of Promise to Pay and Agreement.
-
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service
Agenda Item No. 16C3
March 26. 2006
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16C3
Item Summary:
Recommendation to approve, execute and rBcord Satisfactions for certaln Water and/or
Sewer Impact Fee Payment Agreements Fiscal impact is S68.50 to record the Satisfactions
of lien
Meeting Date:
3/28/20069:00:00 AM
Prepared By
Pam Cams
Revenue Supervisor
Date
Public Utilities
USCS
2/17/20066:57:59 AM
Approved By
Pam Callis
Revenue Supervisor
Date
Public UtlHties
U6CS
2/24/2006 1 :58 PM
Approved By
John A. Yonkosky
Utility Billing Director
Date
Public Utillti~
uscs
3/1/20061:08 PM
APPTovcd By
Thomas Widas
Ope-rations Director
Date
Public U1iUties
Public Utilities Operations
3/8/2006 11 :24 AM
Approved By
Teresa Riesen
R"venue Manager
Date
Public utilities
U6GS
31101200611 :32 AM
Approved By
James W. DeLony
Public Utilities Admlnistrntor
Date
Public Utilities
Public Utilities Administration
3113/200611:34 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Managers Office
Office of Mam.gement & Budget
311512006 8:25 AM
Approved By
Michael Smykowskl
Management & Budget Director
Date
County Manager's Office
OfficE; of Managflmant & Budget
311512006 8:34 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
COUl1ty Manager'f; Office
3/16/200611 :31 AM
Agenda Item No. 16C3
March 28, 2006
Page 3 of 10
EXHIBIT "A"
1. Darwin F. Brandt and Doris R. Brandt, husband and wife, securing the principal
balance of one thousand one hundred dollars and no cents ($1,100.00). Folio
#25080560008
2. Gertrude Louise Waddell Marshall, a married woman, securing the principal
balance of one thousand five hundred dollars and seventy five cents ($1,500.75).
Folio #26830200009
3. George Mitchell and Laura 1. Mitchell, husband and wife, securing the principal
balance of one thousand five hundred dollars and seventy five cents ($1,500.75).
Folio #50865003360
4. Robert L. Shirley, Seller (and) Rafael Martinez and Dolores Martinez, husband
and wife, Buyers, securing the principal balance of one thousand five hundred
dollars and seventy five cents ($1,500.75). Folio #61838920003
5. Clyde L. Shue and Samantha L. Shue, husband and wife, securing the principal
balance of one thousand five hundred four dollars and eighty cents ($1,504.80).
Folio #61839720008
6. Stone Building Corporation, a Florida Corporation and Galvan Garcia, a single
man, securing the principal balance of one thousand two hundred sixty do lIars and
five cents ($1,260.05). Folio #62207720008
Agenda Item No. 16C3
March 28, 2006
Page 4 of 10
Prepared by:
Robert Zachary
Assistant County Attorney
Office of County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO
EXTEND PAYMENT OF WATER ANDIOR SEWER SYSTEM IMPACT FEE
KNOW ALL MEN BY THESE PRESENTS: That the 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, was the owner and holder of a certain Agreement
with the following:
Darwin F. Brandt and Doris R. Brandt, husband and wife
Whose mailing address is
2563 Linwood Avenue
Naples, FI 33962
Bearing the date of the 5th day of August 1991, recorded in Official Record Book
001637 Page(s) 001028, in the Office of the Clerk of the Circuit Court of Collier County,
State of Florida, which Agreement imposes a lien on the subject real property. 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 19, BLOCK 1, BURDALE ACCORDING TO PLAT IN PLAT BOOK 4,
PAGE 2, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
FOLIO NUMBER: 25080560008
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 of this Satisfaction of Lien,
by action of the Board this _ day of , 2006.
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:
David C. Weigel
County Attorney
FRANK HALAS, CHAIRMAN
Agenda Item No. 16C3
March 28, 2006
Page 5 of 10
Prepared by:
Robert Zachary
Assistant County Attorney
Office of County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO
EXTEND PAYMENT OF WATER ANDIOR SEWER SYSTEM IMPACT FEE
KNOW ALL MEN BY THESE PRESENTS: That the 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, was the owner and holder of a certain Agreement
with the following:
Gertrude Louise Waddell Marshall, a married woman
Whose mailing address is
2898 Gordon St
Naples, FI 33962
Bearing the date of the 11th day of October 1993, recorded in Official Record Book
1873 Page(s) 000603, in the Office of the Clerk of the Circuit Court of Collier County, State
of Florida, which Agreement imposes a lien on the subject real property. The Lien secures
the principal sum of One Thousand Five Hundred Dollars and Seventy Five Cents
($1,500,75) plus accrued interest and penalties, if any, and imposes certain obligations
against real property situated in Collier County, Florida, described as follows:
LOT 8, COL-LEE-CO GARDENS, ACCORDING TO PLAT IN PLAT
BOOK 1, PAGE 30, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
FOLIO NUMBER: 26830200009
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 of this Satisfaction of Lien,
by action of the Board this _ day of , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
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
Approved as to form and legal
sufficiency:
David C. Weigel
County Attorney
FRANK HALAS, CHAIRMAN
Agenda Item No. 16C3
March 28, 2006
Page 6 of 10
Prepared by:
Robert Zachary
Assistant County Attorney
Office of County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO
EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE
KNOW ALL MEN BY THESE PRESENTS: That the 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, was the owner and holder of a certain Agreement
with the following:
George Mitchell and Laura I. Mitchell, husband and wife
Whose mailing address is
Box 285
Fort Frances
Ontario, Canada P9A 3M6
Bearing the date of the 28th day of December 1992, recorded in Official Record
Book 1782 Page(s) 000920, in the Office of the Clerk of the Circuit Court of Collier County,
State of Florida, which Agreement imposes a lien on the subject real property. The Lien
secures the principal sum of One Thousand Five Hundred Dollars and Seventy Five Cents
($1,500,75) plus accrued interest and penalties, if any, and imposes certain obligations
against real property situated in Collier County, Florida, described as follows:
UNIT 169, OF HITCHING POST MOBILE HOME PARK, A
COOPERATIVE, ACCORDING TO EXHIBIT "B" OF THE MASTER FORM
PROPRIETARY LEASE RECORDED IN OFFICIAL RECORDS BOOK 1581,
PAGES 1728 THROUGH 1755, INCLUSIVE, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
FOLIO NUMBER: 50865003360
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 of this Satisfaction of Lien,
by action of the Board this _ day of , 2006.
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:
FRANK HALAS, CHAIRMAN
David C. Weigel
County Attorney
Agenda Item No. 16C3
March 28, 2006
Page 7 of 10
Prepared by:
Robert Zachary
Assistant County Attorney
Office of County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO
EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE
KNOW ALL MEN BY THESE PRESENTS: That the 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, was the owner and holder of a certain Agreement
with the following:
Robert L. Shirley, Seller (and) Rafael Martinez and Dolores
Martinez, husband and wife, Buyers
Whose mailing address is
3121 Karen Dr
Naples, FI 33942
Bearing the date of the 5th day of October 1993, recorded in Official Record Book
1871 Pagers) 001478, in the Office of the Clerk of the Circuit Court of Collier County, State
of Florida, which Agreement imposes a lien on the subject real property. The Lien secures
the principal sum of One Thousand Five Hundred Dollars and Seventy Five Cents
($1,500,75) plus accrued interest and penalties, if any, and imposes certain obligations
against real property situated in Collier County, Florida, described as follows:
ESTATE OF MARTHA L. ELLIOTT
FILE NUMBER 91-739-CP-02-HDH
SCHEDULE OF PROPERTY TRANSFERRED TO ROBERT L. SHIRLEY
BEGINNING AT THE N.E. CORNER OF LOT 100 OF NAPLES GROVES &
TRUCK COMPANY'S LITTLE FARMS NO.2 SUBDIVISION, THENCE N. 89-
26' 40" W. 600 FEET, TO POINT OF BEGINNING, THENCE S. O' 09'00" W.
139.0 FEET, THENCE S. 89' 26' 40" E. 60.0 FEET, THENCE N. O' 09'00" E.
139.0 FEET, THENCE N. 89'26'40" W. 60.0 FEET TO POINT OF BEGINNING.
THIS PROPERTY MAY BE OTHERWISE DESCRIBED AS LOT 13, TARPON
MOBILE ESTATES. THESE LANDS ARE RECORDED IN OFFICIAL RECORDS
BOOK 494, PAGE 598, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
NAPLES GROVE & TRUCK COMPANY'S LITTLE FARMS NO.2, RECORDED
IN PLAT BOOK 1, PAGE 27-T, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
FOLIO NUMBER: 61838920003
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 Chainnan, directs execution and recording of this Satisfaction of Lien,
by action of the Board this _ day of , 2006.
Agenda Item No. 16C3
March 28, 2006
Page 8 of 1 0
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:
David C. Weigel
County Attorney
FRANK HALAS, CHAIRMAN
Agenda Item No. 16C3
March 28, 2006
Page 9 of 10
Prepared by:
Robert Zachary
Assistant County Attorney
Office of County Attorney
3301 East Tarniami Trail
Naples, Florida 34112
(239) 774-8400
SA TIS FACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO
EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE
KNOW ALL MEN BY THESE PRESENTS: That the 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, was the owner and holder of a certain Agreement
with the following:
Clyde L. Shue and Samantha L Shue, husband and wife
Whose mailing address is
3209 Karen Dr
Naples, FI 33962
Bearing the date of the 16th day of July 1992, recorded in Official Record Book
1735 Page(s) 001644, in the Office of the Clerk of the Circuit Court of Collier County, State
of Florida, which Agreement imposes a lien on the subject real property. The Lien secures
the principal sum of One Thousand Five Hundred Four Dollars and Eighty Cents
($1,504.80) plus accrued interest and penalties, if any, and imposes certain obligations
against real property situated in Collier County, Florida, described as follows:
LOT 19, TARPON MOBILE HOMES, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 100, NAPLES GROVES
& TRUCK COMPANY'S LITTLE FARMS NO.2, ACCORDING TO PLAT IN PLAT
BOOK 1, PAGE 27, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
FOLIO NUMBER: 61839720008
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 of this Satisfaction of Lien,
by action of the Board this _ day of ,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
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
Approved as to form and legal
sufficiency:
David C, Weigel
County Attorney
FRANK HALAS, CHAIRMAN
Agenda Item No. 16C3
March 28, 2006
Page 1 0 of 10
Prepared by:
Robert Zachary
Assistant County Attorney
Office of County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO
EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE
KNOW ALL MEN BY THESE PRESENTS: That the 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, was the owner and holder of a certain Agreement
with the following:
Stone Building Corporation, a Florida Corporation and Galvan
Garcia, a single man
Whose mailing address is
5476 Martin St
Naples, FI 33962
Bearing the date of the 25th day of August 1992, recorded in Official Record Book
1746 Page(s) 001368, in the Office of the Clerk of the Circuit Court of Collier County, State
of Florida, which Agreement imposes a lien on the subject real property, The lien secures
the principal sum of One Thousand Two Hundred Sixty Dollars and Five Cents ($1,260,05)
plus accrued interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
LOT 2, BLOCK 13, AMENDED PLAT OF NAPLES MANOR EXTENSION,
AS RECORDED IN PLAT BOOK 3, PAGE 101, COLLIER COUNTY PUBLIC
RECORDS.
FOLIO NUMBER: 62207720008
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 of this Satisfaction of lien,
by action of the Board this _ day of , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
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
Approved as to form and legal
sufficiency:
FRANK HALAS, CHAIRMAN
David C, Weigel
County Attorney
Agenda Item No. 16C4
March 28, 2006
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 1991 Solid Waste Collection and
Disposal Services Special Assessment. Fiscal impact is $20.00 to record
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 1991 Solid Waste
Collection Services Special Assessment.
,--
CONSIDERATIONS: Resolution No. 93-29 adopted by the Board on January 26,
1993 provided for the recording of the list of 1991 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. 93-29 was recorded on
February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official
Records of Collier County, Florida, which placed a lien on certain residential
properties for the 1991 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 1991
Solid Waste Collection Services Special Assessment Lien.
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 this Satisfaction of Lien for the 1991
Solid Waste Collection Services Special Assessment Lien.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service
,--
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16C4
March 28, 2006
Poge 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C4
Recommendation 10 adopt a Resolulion 10 approve the Satisfaclion of Lien for a Solid Waste
residential account wherein the county has received payment and said Uen is satisfied in full
for the 1991 Solid Waste Collection and Disposal Services Special Assessment Fiscal
impact;s $20,00 to record Satisfaction of Lien.
3/28/2006900:00 AM
Revenue Supervisor
Date
Prepared By
Pam Callis
Public Utilities
uses
2/17120069:09:47 AN>
Approved By
Revenue Supervisor
Dale
Pam Callis
Public Utilities
uses
2/24/2006 1:59 PM
John A. Yonkosky
Utility Billing Director
Date
Approved By
Public Utilities
uses
311/2006 1 :12 PM
Oporations Director
Date
Approved By
Thomas Wides
Public Utilities
Public Utilities Operations
3,18(200611 :25 AM
Teresa Riesen
Revenue Manager
Date
Approved By
Public Utilities
uses
3/1012006 11;32 AM
Public Utllitios Administrator
Dale
Approved By
James W. DeLony
Public Utilities
Public Utilities Administration
3113/200611 :34 AM
OMS Coordinator
Administrative AS5istanl
Date
Approved By
County Manager's Office
Office of Management & Budget
3/15/2006 8:20 AM
Managem~nt/Budget AnalYI>t
Date
Approved By
Randy GreFOnwald
County Manager's Office
Office of Management & Budget
3/15/2006 10:25 AM
Michael Smykowski
Manage-mant & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budgel
3/16120062:50 PM
Le() E, OCh6, Jr.
OF/put)' County M;mager
Date
Approved By
Board of County
Commissioners
County Managar's Office
3/16/20063:32 PM
Agenda Item No. 16C4
March 28, 2006
Page 3 of 4
RESOLUTION NO. 2006 -
A RESOLUTION APPROVING SATISFACTION OF LIEN
FOR CERTAIN ACCOUNT THAT HAVE PAID IN FULL
THE 1991 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 January 26, 1993 adopted Resolution No. 93-29 authorizing
the recording of notices of liens for the delinquent solid waste collection and disposal
services special assessments for 1991; and
WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official
Record Book 1793, Pages 459 through 598 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 1991; 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 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
1991 Service Year Solid Waste Collection and Disposal Special Assessments for the
following account numbered below, subsequent to the adoption of Resolution No. 93-29,
whereupon a lien had been recorded on real property pertaining to the account identified
herein. The Satisfaction 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 this
Satisfaction of Lien individually in the official records of Collier County:
Account No. 91459
This Resolution adopted this _ day of
second and majority vote
, 2006, after motion,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency:
David C. Weigel
County Attorney
Agenda Item No. 16C4
March 28, 2006
Page 4 of 4
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774- 8400
Property Folio No. 66882600002
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:
Ozuna, Israel=& Leticia
308 S 8th St
Immokalee FL 339340000
The Lien was recorded on the 19th day of September, 1994, in Official Record
Book 1986, Pages 766 through 942, 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 No Cents ($102.00) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
PINECREST BLK D LOT 7 OR 1250 PG 1565
Folio No.
Project No.
Account No.
66882600002
60000
91459
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
,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C5
March 28, 2006
Page 1 of 8
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 1992 Solid Waste Collection and Disposal Services Special
Assessments. Fiscal impact is $60.00 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 1992 Solid Waste Collection Services
Special Assessments.
-
CONSIDERATIONS: Resolution No. 94-668 adopted by the Board on September 13, 1994
provided for the recording of the list of 1992 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. 94-668 was recorded on September 19, 1994 in Official
Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida,
which placed a lien on certain residential properties for the 1992 Solid Waste Collection Services
Special Assessments.
Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be
approved by Resolution.
The attached Resolution lists the five accounts that have been paid in full for the 1992 Solid
Waste Collection Services Special Assessment Liens.
FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution
is approximately $60.00, which is to be charged to County Water/Sewer Operating Fund (408).
GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated
with these items.
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Resolution approving the five Satisfactions of Lien for the accounts listed in the Resolution and
authorizing the Chairman to sign these five Satisfactions of Lien for the 1992 Solid Waste
Collection Services Special Assessment Liens.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16C5
March 28. 2006
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C5
Reconllnendation to adopt a Resolution 10 approve the Satisfactions of Uen for Solid Waste
residenliai accounts wherein the County has received payment and said Liens are satisfied in
full for B"e '992 SOlId Waste COllection and Disposal Services Special Assessments. Fiscal
impact is 560.00 10 record the Satisfactions of Lien.
3/28/20069:00:00 AM
Revenue Supervisor
Date
Prepared By
Pam Callis
Public Utilities
UBes
2117120069:29:13 AM
Pam Callis
Revenue Supervisor
Date
Approved By
Public Utilities
UBCS
2124/2006 1 :59 PM
Utility Billing Director
Oat.
Approved By
John A. Yonkosky
Public UtiUties
UBes
J/1/2006 1 :11 PM
Thomas Wides
Operations Director
Dato
Approved By
Public Utilities
Public Utilities Opemtions
318/200611:26 AM
Revenue Manager
Date-
Approved B:r
Teresa Riesen
Public Utilities
UBes
3/10/200611:32 AM
Jamas W. DaLony
Public Utilities Administrator
Date
Approved By
Public Utilities
Public Uttlities Administmtion
3113/200611:34 AM
Approved By
Administrative Assistant
Date
OMS Coordinator
County Manager's Office
Office of Management & Budget
3!15/2006 8:20 AM
Randy Greenwald
ManagementfBudget Analyst
0...
Approved By
County Manager's Office
Office of Manage-ment & Budgel
3(15/200610:35 AM
MichBel Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office-
Office of Management & Budget
3/16/20062:55 PM
Leo E. Ochs, Jr.
Deputy County Manager
Date
Approved By
Board ot County
Commissioners
County M..'lnagor's Office
3/16!200G 3:40 PM
RESOLUTION NO. 2006 -
Agenda Item No. 16C5
March 28, 2006
Page 3 of 8
A RESOLUTION APPROVING SATISFACTION OF LIENS
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE
1992 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 19, 1994 adopted Resolution No. 94-668
authorizing the recording of notices of liens for the delinquent solid waste collection and
disposal services special assessments for 1992; 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 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
1992 Service Year Solid Waste Collection and Disposal Special Assessment for the
following accounts numbered below, subsequent to the adoption of Resolution No. 94-668,
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. 2257
91051
115607
129651
133359
This Resolution adopted this _ day of
second and majority vote,
, 2006, after motion,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency:
David C. Weigel
County Attorney
Agenda Item No. 16C5
March 28, 2006
Page 4 of 8
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774- 8400
Property Folio No. 00072640003
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:
Brinegar, Mildred Fussell
3413 Westclock St.
Immokalee FL 339340000
The Lien was recorded on the 19th day of September, 1994, in Official Record
Book 1986, Pages 766 through 942, 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 Three Dollars and Two Cents ($103.02) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
314629 COMM NE CNR RUN W 890FT TO POB, W 100FT, S
220FT, E 100FT, N 220FT TO POB .5 AC OR 433 PG 660
Folio No.
Project No.
Account No.
00072640003
61000
2257
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
,2006.
ATTEST:
DWIGHT E, BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C5
March 28, 2006
Page 5 of 8
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774- 8400
Property Folio No. 53503280002
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:
Green, Danny Lee=& Rachael G
1709 Lake Trafford
Immokalee, FL 339340000
The Lien was recorded on the 19th day of September 1994, in Official Record
Book 1986, Pages 766 through 942, 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 Three Dollars and Two Cents ($103.02) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
LAKE TRAFFORD SHORES UNIT 1 BLK E LOT 4 OR 1415
PG 603
Folio No.
PROJECT NO.
Account No,
53503280002
61000
91051
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
2006,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C5
March 28, 2006
Page 6 of 8
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774- 8400
Property Folio No. 62425160000
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:
Wallace, Rebecca
4000 14th St N
Naples FL 339400000
The Lien was recorded on the 19th day of September, 1994, in Official Record
Book 1986, Pages 766 through 942, 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:
NAPLES PARK UNIT 1 BLK 14 LOT 20 + W 35FT OF LOT 19
OR 1636 PG 185
Folio No.
Project No.
Account No.
62425160000
61000
115607
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
,2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
ATTEST:
DWIGHT E. BROCK. CLERK
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C5
March 28, 2006
Page 7 of 8
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774- 8400
Property Folio No. 65170320008
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:
Cochran, Willie Ede=& Retha M
POBox 161
Immokalee, FL 339340000
The Lien was recorded on the 19th day of September 1994, in Official Record
Book 1986, Pages 766 through 942, 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 Three Dollars and Two Cents ($103.02) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
PALM RIDGE UNIT 2 W 30FT LOT 51 + E 45FT OF LOT 52
OR 594 PG 747
Folio No.
PROJECT NO.
Account No,
65170320008
61000
129651
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
2006,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C, Weigel
County Attorney
Agenda Item No. 16C5
March 28, 2006
Page 8 of 8
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774- 8400
Property Folio No. 66930160009
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:
Houston, Emma
216 S 4th St
Immokalee FL 339340000
The Lien was recorded on the 19th day of September, 1994, in Official Record
Book 1986, Pages 766 through 942, 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 Three Dollars and Two Cents ($103.02) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
PINE GROVE LOT 5 OR 836 PG 458
Folio No.
Project No.
Account No.
66930160009
61000
133359
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
,2006.
ATTEST:
DWIGHT E BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C, Weigel
County Attorney
Agenda Item No. 16C6
March 28, 2006
Page 1 of 7
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 1993 Solid Waste Collection and Disposal
Services Special Assessments. Fiscal impact is $50.00 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 1993 Solid Waste
Collection Services Special Assessments.
--
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 assessments 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 Assessments.
Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien
shall be approved by Resolution.
The attached Resolution lists the four accounts that have been paid in full for the 1993
Solid Waste Collection Services Special Assessment Liens.
FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the
Resolution is approximately $50.00, 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 four Satisfactions of Lien for the accounts listed in the
Resolution and authorizing the Chairman to sign the four Satisfactions of Lien for the
1993 Solid Waste Collection Services Special Assessment Liens.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service
,-.
Item Number:
Item Summary:
Meeting Date:
Agenda 11em No. 16C6
March 28. 2006
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C6
Recommendation to adopt a Resolution to approve the Satis-factions of Lien for Solid Waste
residential accounts 'Nherein the County has received payment and said Liens are satisfied in
full for Ihe 1993 Solid Waste Collection and Disposal Services Special Assessments Fiscal
impact is S50.00 to record 1t1e Satisfactions of Lien.
3128120069:00:00 AM
Revenue Supervisor
Date-
Prepared By
Pam Callis
Public Utilities
UBes
2117120069:42:23 AM
Revenue ManAger
Date
Approved By
Teresa Riesen
Public Utilities
uses
21171200610:34 AM
Revenue Supervisor
Date
Approved By
Pam Callis
Public Utilities
uses
212412006 2:00 PM
Utility BlUing Director
Date
Approved By
John A. YonkosKy
Public Utilities
uses
3J1/2006 1:11 PM
Operations Director
Date-
Approved By
Thomas Wides
Public Utilities
Public Utilities Operations
3/B12006 11 :27 AM
Public Utllltios Administrator
Date
Approved By
James W. Delany
Public Utilities
Public Utilities Administration
3J131200611:34AM
Administrative Assistant
Date
Appro,,'ed By
OMS Coordinator
County Manager's Office
Office of Management & Budget
3/1512006 8:22 AM
Randy Greenwald
Management/Budget Anlllyst
D.1te
Approved By
County Manager's Office
Office of Manag&ment & Budgel
3/16/20069:46 AM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Offiee of Manage-ment & Budget
3/16/20062:56 PM
Approved B)'
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Offic~
311612006 3:44 PM
RESOLUTION NO. 2006-
Agenda Item No. 16C6
March 28, 2006
Page 3 of 7
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,
495
18115
23087
26204
This Resolution adopted this _ day of
second and majority vote.
, 2006, after motion,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency:
David C. Weigel
County Attorney
Agenda Item No. 16C6
March 28, 2006
Page 4 of 7
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774- 8400
Property Folio No. 00072640003
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:
Brinegar, Mildred Fussell
3413 Westclock St.
Immokalee FL 339340000
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 Three Dollars and Two Cents ($103.02) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
31 4629 COMM NE CNR RUN W 890FT TO POB, W 100FT, S
220FT, E 100FT, N 220FT TO POB .5 AC OR 433 PG 660
Folio No.
Project No.
Account No.
00072640003
63000
495
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
,2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C6
March 28, 2006
Page 5 of 7
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 53503280002
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:
Green, Danny Lee=& Rachael G
1709 Lake Trafford
Immokalee, FL 339340000
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 Three Dollars and Two Cents ($103.02) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
LAKE TRAFFORD SHORES UNIT 1 BLK E LOT 4 OR 1415 PG
603
Folio No.
Project No.
Account No.
53503280002
63000
18115
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 , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C6
March 28, 2006
Page 6 of 7
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774- 8400
Property Folio No. 62425160000
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:
Wallace, Rebecca
4000 14th St N
Naples FL 339400000
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:
NAPLES PARK UNIT 1 BLK 14 LOT 20 + W 35FT OF LOT 19
OR 1636 PG 185
Folio No.
Project No.
Account No.
62425160000
63000
23087
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
,2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C6
March 28, 2006
Page 7 of 7
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774- 8400
Property Folio No. 66930160009
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:
Houston, Emma
216 S 4th St
Immokalee FL 339340000
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 Three Dollars and Two Cents ($103.02) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
PINE GROVE LOT 5 OR 836 PG 458
Folio No.
Project No.
Account No.
66930160009
63000
26204
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
,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C7
March 28, 2006
Page 1 of 7
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 $50.00 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] 994 Solid Waste Collection Services
Special Assessments.
Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be
approved by Reso lution.
The attached Resolution lists the four 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 $50.00, which is to be charged to County Water/Sewer Operating Fund (408).
GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated
with these items.
RECOMMENDATION: That Board of County Commissioners adopts the attached Resolution
approving the four Satisfactions of Lien for the accounts listed in the Resolution and authorizing
the Chairman to sign the four Satisfactions of Lien for the 1994 Solid Waste Collection Services
Special Assessment Liens.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service
.-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16C7
March 28, 2006
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C7
Recommendation to adopt a Resolution to approve ,he Satisfactions of Lien for Solid Waste
residential accounts wherein the County has received payment and said Liens are sa:isfied in
full for the 1994 Solid Waste Collection and Disposal Services Special Assessments Fiscal
impact is $50,00 to record the Satisfactions 01 Lien,
3/28/20069:00:00 AM
Revenue Supervisor
0...
Prepared By
Pam Callis
Public Utilities
uses
2/17/2006 10:01 :42 AM
Pam Callis
Revenue Supervisor
Date
Approved By
Public Utilities
uses
2/24/2006 2:01 PM
Utility Billing Director
Date
Approved By
John A. Yonkosky
Public UtIHtiftS
uses
311/2006 1 :10 PM
Operations Director
Date
Apprmred By
Thomas Wides
Public Utilities
Public Utilities Operations
3/B/2006 11:27 AM
Teresa Riesen
Revenue Manager
Date
Approved By
Public Utilities
uses
3/10/200611:33 AM
Public Utilities Administrator
Date
Approved By
James W. Delany
Public Utilities
Public Utilities Administration
3.113/200611:34 AM
Administrative Assistant
Date
Approved By
OMB Coordinator
County Manager's Office
Office of Management & Budget
3/15/20068:22 AM
Randy Greenwald
ManagementlBudget Analyst
Date
Approved By
County Manager's Office
Office of Managf)ment & Budget
3f16/2006 9:34 AM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management 8. Budget
3/16120062:57 PM
Approved By
Loo E. Qchs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3/16120063:47 PM
Agenda Item No. 16C7
March 28, 2006
Page 3 of 7
RESOLUTION NO. 2006-_
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 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
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. 17103
21746
24756
27740
This Resolution adopted this _day of
second and majority vote.
, 2006, after motion,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency:
David C. Weigel
County Attorney
Agenda Item No. 16C7
March 28, 2006
Page 4 of 7
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No: 53503280002
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:
Green, Danny Lee=& Rachael G
1709 Lake Trafford
Immokalee, FL 339340000
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 Six Dollars And Seventy Two Cents ($106.72), plus accrued
interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
LAKE TRAFFORD SHORES UNIT 1 BLK E LOT 4 OR 1415 PG 603
Folio No.
Project No.
Account No.
53503280002
64000
17103
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 ,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C7
March 28, 2006
Page 5 of 7
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774- 8400
Property Folio No. 62425160000
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:
Wallace, Rebecca
4000 14th St N
Naples FL 339400000
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:
NAPLES PARK UNIT 1 BLK 14 LOT 20 + W 35FT OF LOT 19
OR 1636 PG 185
Folio No.
Project No.
Account No.
62425160000
64000
21746
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
,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C7
March 28, 2006
Page 6 of 7
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774- 8400
Property Folio No. 66930160009
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:
Houston, Sr. Albert
216 S 4th St
Immokalee FL 339340000
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 Six Dollars and Seventy Two Cents ($106.72) plus accrued
interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
PINE GROVE LOT 5 OR 2041 PG 1896
Folio No.
Project No.
Account No.
66930160009
64000
24756
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
,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C7
March 28, 2006
Page 7 of 7
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No: 77162320004
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:
Velasco, Melinda M
1226 N 18th St
Immokalee, FL 339340000
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 Six Dollars And Seventy Two Cents ($106.72), plus accrued
interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
TRAFFORD PINE EST SEC IBLK4 LOT 33 OR 1654 PG 1560
Folio No.
Project No.
Account No.
77162320004
64000
27740
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 , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16CB
March 2B, 2006
Page 1 of 11
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 $90.00 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 eight 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 $90.00, which is to be charged to County Water/Sewer Operating Fund (408).
GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated
with these items.
RECOMMENDATION: That Board of County Commissioners adopts the attached Resolution
approving the eight Satisfactions of Lien for the accounts listed in the Resolution and authorizing
the Chairman to sign the eight Satisfactions of Lien for the 1995 Solid Waste Collection Services
Special Assessment Liens.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service
-
Item Number:
Item Summary:
Meeting Date:
Agenda Ilem No. 16C8
March 28, 2006
Page 2 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C8
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 $90,00 to record the Satisfactions of Lien.
3/2812006 900:UO AM
Revenue Supervisor
Date
Prepared By
Pam Callis
Public Utilities
uses
2117/200610:20:36 AM
Pam Callis
Revenue Supervisor
Date
Approved By
Public Utilities
uses
2124/20062:02 PM
Approved By
John A. Yonkosky
Public Utillti&S
Utility Billing Director
Date
uses
3/1/2006 1 :09 PM
Operations Director
Oato
Approved By
Thomas Widas
Public Utilities
Public Utilities Operations
31B/2006 11 :28 AM
Revenue Manager
Date
Approved By
Teresa Riesen
Public Utilities
UBes
3/10/200611:33 AM
Public Utilities Administrator
Date
Approved By
James W. DeLany
Public Utilities
Public Utilities Administration
3/13/2006 11 :35 AM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
3/15/20068:23 AM
Randy Greenwald
ManagnmentlBudget Analys1
Date
Approved By
County Manager's Office
Office of Management & Budget
3/16120069:38 AM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
3/16/2006 2:58 PM
Approved By
la-o E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3f16/2006 3:53 PM
RESOLUTION NO. 2006-
Agenda Item No. 16C8
March 28, 2006
Page 3 of 11
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.
1601
6444
10171
13738
18351
19208
22910
28341
This Resolution adopted this _day of
second and majority vote.
, 2006, after motion,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency:
David C. Weigel
County Attorney
Agenda Item No. 16C8
March 28, 2006
Page 4 of 11
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 00133480005
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:
Johnson, James W
226 Ohio Ave
Fort Myers FL 339054365
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 Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
94729 SW1/4 OF NW1/4 OF NE1/4, EXC R/VI/, LESS OR 251 PG
806, LESS OR 273 PG 465, LESS OR 353 PG 141, LESS OR 387 PG
405, LESS OR 589 PG
Folio No.
Project No.
Account No.
00133480005
65000
1601
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 , 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C8
March 28, 2006
Page 5 of 11
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. 74030760003
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:
Sloan Jr, Walter
409 S 2nd St
Immokalee, FL 341424006
The Lien was recorded on the 8th day of August 2000, in Official Record Book
2707, Page 3270, in the Office of the Clerk of the Circuit Court of Collier
County, State of Florida. The Lien secures the principal sum of Twenty Six
Dollars and Thirty Three Cents ($26.33), plus accrued interest and penalties, if
any, and imposes certain obligations against real property situated in Collier
County, Florida, described as follows:
S IMMOKALEE HGTS BLK 2 LOT 3
Folio No.
Project No.
Account No.
74030760003
65001
6444
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 , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C8
March 28, 2006
Page 6 of 11
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 36436000004
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:
Crytzer, William S=& Cynthia S
5253 32nd Ave SW
Naples FL 341168117
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 UNIT 7 BLK 237 LOT 20 OR 1589 PG 352
Folio No.
Project No.
Account No.
36436000004
65000
10171
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 , 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C8
March 28, 2006
Page 7 of 11
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. 38221400008
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:
Davison, Harold W=& Eileen K
Hugh R & Doris D Parry
6170 Sea Grass Ln
Naples, FL 341165434
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 31 E 180FT OF TR 19 OR 1908 PG 1920
Folio No.
Project No.
Account No.
38221400008
65000
13738
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 , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C8
March 28, 2006
Page 8 of 11
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 53503280002
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:
Green, Rachel G
5107 Quail Roost Rd
Immokalee, FL 341422319
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 Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
LAKE TRAFFORD SHORES UNIT 1 BLK E LOT 4
Folio No.
Project No.
Account No.
53503280002
65000
18351
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 ,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C8
March 28, 2006
Page 9 of 11
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 56405480004
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:
Bernard, Soleme
Barelais, Marie
440 E Delaware Ave
Immokalee, FL 341424109
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 Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
MAINLINE BLK 6 LOT 6
Folio No.
Project No.
Account No.
56405480004
65000
19208
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 , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C8
March 28, 2006
Page 10 of 11
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 62425160000
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:
Wallace, Rebecca
4000 14th St N
Naples FL 341032315
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:
NAPLES PARK UNIT 1 BLK 14 LOT 20 + W 35FT OF LOT 19 OR
1636 PG 185
Folio No.
Project No.
Account No.
62425160000
65000
22910
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 , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C8
March 28, 2006
Page 11 of 11
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 74031440005
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:
Herrera, Fermando
Lozano, Gregoria
406 S 3rd St
Immokalee, FL 341424011
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 Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
S IMMOKALEE HGTS BLK 2 LOT 21
Folio No.
Project No.
Account No.
74031440005
65000
28341
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 , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C9
March 28, 2006
Page 1 of 12
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 $100.00 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 nine 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 $100.00, 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 nine Satisfactions of Lien for the accounts listed in the Resolution and authorizing
the Chairman to sign the nine Satisfactions of Lien for the 1996 Solid Waste Collection Services
Special Assessment Lien.
PREP ARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service
.....--....
Item Number:
Item Sum mary:
Meeting Date:
Agenda Item No. 16C9
March 28. 2006
Page 2 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
f6C9
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 $100,00 to record the Satisfactions of Lien.
3/28/20069:00:00 AM
Revenue Supervisor
Date
Prepared By
Pam Callis
Public Utilities
UBes
2/17/20061 0:39:D5 AM
Date
Approved By
Pam Callis
Public Utilities
Rovenue Supervisor
uses
212412006 2:03 PM
Date
Approved By
John A. Yonkosky
Public Utilities
Utlllty Billing Director
uses
311/2006 1 :09 PM
Date
Approved By
Thomas Wides
Public Utilities
Operations Director
Public Utilities Opemtions
3/812006 11 :29 AM
Date
Approved By
Teresa Riesen
Public Utilities
Revenue Manager
uses
3110/200611 :33 AM
Date
Approved By
James W. Delany
Public Utilities
Public Utilities Administrater
Public Utilities Administration
3/131200611 :35 AM
Date
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
3115/20068,23 AM
Date
Approved By
Randy Greenwald
County Manager's Office
Managem&ntiBudget Analyst
Office of Management & Budget
3/16/20069:42 AM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of M,magement & Budget
3/16/20062:51 PM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager's Office
3/16/20064:07 PM
RESOLUTION NO. 2006-
Agenda Item No. 16C9
March 28, 2006
Page 3 of 12
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. 893
5597
6525
8772
15998
19622
20103
25344
27290
This Resolution adopted after this _day of
majority vote.
, 2006 after motion, second and
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency:
David C. Weigel
County Attorney
Agenda Item No. 16C9
March 28, 2006
Page 4 of 12
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. 29355100380
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:
Bultinck Enterprises Inc
9621 Crescent Garden Dr # 201
Naples, FL 341094530
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
Twenty Six Dollars and Four Cents ($26.04) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
CRESCENT GARDENS A CONDOMINIUM E-201
Folio No.
Project No.
Account No.
29355100380
66001
893
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 ,2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C9
March 28, 2006
Page 5 of 12
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 74031440005
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:
Herrera, Fermando
Lozano, Gregoria
406 S 3rd St
Immokalee FL 341424011
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
Seventy Nine Dollars and Ninety Six Cents ($79.96) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
S IMMOKALEE HGTS BLK 2 LOT 21
Folio No.
Project No.
Account No.
74031440005
66001
5597
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 , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C9
March 28, 2006
Page 6 of 12
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 30681680000
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:
Garcia, Munoz Israel
1416 Orange St
Immokalee, FL 341422102
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 Six Dollars and Sixty One Cents ($106.61) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
EDEN PARK BLK 2 LOT 16
Folio No.
Project No.
Account No.
30681680000
66000
6525
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 , 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C9
March 28, 2006
Page 7 of 12
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 36001120005
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:
Hoffman, Patricia
4479 29th Ave SW
Naples, FL 341168207
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 UNIT 3 BLK 101 LOT 20
Folio No.
Project No.
Account No.
36001120005
66000
8772
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 , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C9
March 28, 2006
Page 8 of 12
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 39209960006
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:
Mount, James M
261 16th St SE
Naples, FI 341179415
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 48 N 75FT OF TR 130 OR 1765 PG
1905
Folio No.
Project No.
Account No.
39209960006
66000
15998
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 , 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C9
March 28, 2006
Page 9 of 12
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 52651240005
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:
Filostin, Louis
Ocepha Polite
PO Box 2049
Immokalee, FL 341432049
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 Four
Hundred Twenty Six Dollars and Forty Four Cents ($426.44) plus accrued
interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
JOYCE PARK BLK CLOTS 5 + 6 OR 1389 PG 571
Folio No.
Project No.
Account No.
52651240005
66000
19622
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 , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C9
March 28, 2006
Page 10 of 12
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 53503280002
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:
Green, Rachel G
5107 Quail Roost Rd
Immokalee, FL 341422319
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 Six Dollars and Sixty One Cents ($106.61) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
LAKE TRAFFORD SHORES UNIT 1 BLK E LOT 4
Folio No.
Project No.
Account No.
53503280002
66000
20103
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 . 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C9
March 28, 2006
Page 11 of 12
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774- 8400
Property Folio No. 62425160000
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:
Wallace, Rebecca
4000 14th St N
Naples FL 341032315
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:
NAPLES PARK UNIT 1 BLK 14 LOT 20 + W 35FT OF LOT 19
OR 1636 PG 185
Folio No.
Project No.
Account No.
62425160000
66000
25344
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
,2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C9
March 28, 2006
Page 12 of 12
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 63857560002
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:
Vickery ET UX, Roy
PO Box 550
Immokalee, FL 341430550
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 Six Dollars and Sixty One Cents ($106.61) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
NEWMARKET SUBD BLK 22 LOT 11
Folio No.
Project No.
Account No.
63857560002
66000
27290
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 ,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C10
March 28, 2006
Page 1 of 15
Executive Summary
Recommendation to award construction Work Order UC-195 under fixed term
Underground Utilities Contract 04-3535 to Mitchell and Stark, Inc. in the amount of
$110,000 for the removal of the emergency storage bleach facility, and to award
Work Order CHM-FT-3291-06-02 under Fixed Term Engineering Services
Contract 01-3291 to CH2M HILL, Inc. in an amount of $46,900 for Time and
Materials to provide Construction Engineering Inspection services to serve the
North County Water Reclamation Facility (NCWRF), and approve the necessary
Budget Amendments in the amount of $156,900, Project Number 73966.
OBJECTIVE: The public purpose is to remove the temporary facility installed post
Hurricane Wilma, and to enhance the reliability and safety of the chlorine bleach system
at the North County Water Reclamation Facility (NCWRF). These work orders and
budget amendments will also enhance the operator ability to manage and control the
amount of bleach that each chlorine contact chamber receives to ensure compliance with
regulatory provisions.
,,~,,-,.,
CONSIDERATION: The scope of this project is to have a reliable sodium hypochlorite
(bleach) solution system for the North side of the NCWRF. The existing sodium
hypochlorite tank containment area will be repaired so that will the containment area will
contain two (2) 12,000 gallon polypropylene vertical storage tanks. In addition, the
temporary containment area and storage tanks will be removed. The design for this
project is complete and the funds requested are for construction work and construction
engineering and inspection (CEI) services.
The next and final phase of this project will be an upcoming work order for a new pump
skid that will be added to house three dedicated pumps with one standby pump.
Quotes were solicited from general contractors on the fixed tenn contract 04-3535
Underground Utility Services. On March 3, 2006, two quotes were received for the
construction of this project and are summarized in the following table:
BIDDER QUOTES
Mitchell and Stark $110,000
Douglas N. Higgins. Inc. $234,000
After thorough analysis staff concluded that the bids were fair and reasonable, thus staff
recommends awarding the contract to the lowest responsive and qualified bidder,
Mitchell and Stark, Inc., for $110,000. This amount is within 10% of the $100,000
estimated cost provided by the Engineer of Record, Hole Montes.
-
The Project 739661, NCWRF Bleach System Reliability Upgrades, is contemplated in
the 2003 Wastewater Master Plan Update adopted by the Board of County
Commissioners as Agenda Item 10 (C) on May 25, 2004, and fully outlined in the
Agenda Item No. 16C10
March 28, 2006
Page 2 of 15
upcoming 2005 Wastewater Master Plan scheduled to be adopted by the Board of County
Commissioners later this year.
These work orders and budget amendment will continue to enumerate and capture
developed costs, which are defined in relation to the Board of County Commissioners
approval of Agenda Items 16 (C) (2) & 16 (C) (3) on December 13th, 2005, and Agenda
Item 16 (C) (8) on February 14t\ 2006.
Project 73966, NCWRF Bleach System Reliability Upgrades, was already planned and
designed when a critical failure occurred to the bleach system causing the need for
emergency repairs. Emergency purchase orders (EPO Z0600 1, Z06002, and Z06003)
were written to provide a temporary solution to this critical failure of the bleach system.
These work orders will replace the temporary solution with a permanent one.
The total cost associated with these work orders is $156,900 in two contracts.
ITEM COSTS
Funding for UC-195 $ 110,000
Funding for CHM-FT -3291-06-02 $ 46,900
Total $156,900
Staff have reviewed the proposed scope of services and associated fees and considers the
total compensation to be fair and reasonable based upon the resources required for
performance of the services.
The Clerk of Courts Finance & Accounting Department, has reviewed the information
contained in this Executive Summary and the corresponding attachments.
FISCAL IMPACT: The total cost associated with this executive summary is $156,900.
These funds are available in the FY06 Capital Budget approved by the Board of County
Commissioners on September 27,2005. Funding source is 414, Wastewater User Fees.
GROWTH MANAGEMENT IMP ACT: This project meets current Growth
Management Plan standards to ensure the adequacy and availability of viable public
facilities.
RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio
Governing Board of the Collier County Water-Sewer District:
1. Award Work Order CHM-FT-3291-06-02 in the amount not to exceed $46,900 to
provide Construction Engineering Inspection services for bleach construction
project to serve the North County Water Reclamation Facility (NCWRF) to
CH2M Hill, Inc.
2. Award Work Order UC-195 in the amount not to exceed $110,000 to provide
Construction services for the bleach construction project
Agenda Item No. 16C10
March 28, 2006
Page 3 of 15
to serve the North County Water Reclamation Facility (NCWRF) to Mitchell and
Stark, Inc.
3. Approve the necessary Budget Amendments in the amount of$156,900.
4. Authorize the County Manager or his designee to execute the approved work
orders.
PREPARED BY: Richard Cannyn, PMP, E.I.T. Project Manager, Public Utilities
Engineering Department.
,-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16C 1 0
March 28, 2006
Page 4 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C10
Recomrnendation to award construction Work Order UC-195 under fixed term Underground
Utilities Contract 04.3535 to Mitchell and Stark, Inc in the arnount of $110,000 for the
removal of the emergency storage bleach facility. and to award Work Order CHM.FT-3291-
06-02 under Fixed Term Engineering SerJices Contract 01-3291 to CH2M HILL, Inc. In an
amount of $46,900 for Time and Materials to provide Construction Engineering Inspection
services to serve the North County Water Reclamation Facility (NCWRF). and approve the
necessary Budget Amendments in the amounl of $156.900, Project Number 73966
3/28/20069:0000 AM
Date
Prepared By
Richard Cannyn
Public Utilities
Project ManagGr
Public Utilities Engineering
2/24/2006 3:48:07 PM
Date
Approved By
Dale R. Waller
Public Utilities
Treatment Plant Superintendent
WasteWater
2J27/2006 10:33 AM
Date
Approved By
Jon Pratt
Public Utilities
Treatment Plant Superintendent
WasteWater
3J2/2006 8:11 AM
Date
Approved By
William D. Mullin, PE
Public Utilities
Principal Project Manager
Public Utilities Engineering
3/9i2006 10:23 AM
Date
Approved By
Thomas Wides
Public Utilities
Operations Director
Public Utilities Operations
3110r2006 10:00 AM
Date
Approved By
Roy B. Andp-rson, P.E.
Public Utilities
Public Utiliti~s Engineering Director
Public Utilities Engineering
3/13/20066:37 AM
Date
Approved By
G. George Yilmaz
Public Utilities
Interim WasteWater Director
WasteWater
3113/20061;13 PM
Date
Approved By
Kelsey Ward
Administrative Services
Senior Purchasing and Contracts Agent
Purchasing
3/13f2006 3:02 PM
Date
Approved By
Lyn Wood
Administrative Services
Purchasing Agent
Purchasing
3J14r2006 1:34 PM
Date
Approved By
Gwen Walker
Public Utilities
Executive Secretary
Public Utilities Admin
3115!2006 4:06 PM
Date
Approved By
James W, Delany
Public Utilities
Public Utilities Administrator
Public Utilities Administration
3/15/2006 4:09 PM
Date
Approved By
OM8 Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
3/16/2006 8:19 AM
Date
Approved By
Michael Smykowski
County Manager's OffiC6
Management & Budget Director
Office of Management & Budget
3/17/2006 4:D5 PM
Date
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
County Manager's Office
3120/20069:13 AM
Agenda Item No. 16C 10
March 28, 2006
Page 5 of 1 5
WORK ORDER # CHM-FT-06-02
Agreement for Fixed Term Professional
Construction Engineering Inspection Services
Dated March 26, 2002 (Contract #01-3291)
CH2M HILL (CONSULTANT) was tasked by Collier County (COUNTY) to
perform Construction Engineering Inspection Services for the construction of
the bleach system reliability upgrades located at the North County Water
Reclamation Facility.
The proposed services include:
Field:
Office:
Field inspection of the proposed construction
Office support, project files maintenance and billings/invoicing
CH2M HILL will base its inspection on the separate plans prepared by Hazen
and Sawyer
The work is specified in the CH2M HILL proposal 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 # CHM-FT -06-02 is assigned to
CH2M HILL.
The objective of this memo is to document the required services that CH2M HILL
will need to perform, to successfully complete CEI Services for the bleach system
reliability upgrades at the North County Water Reclamation Facility
Scope of Work:
TASK A: Field Inspection Services - North WRF
TASK B: Office Support - North WRF
TASK C: Management/Coordination - North WRF
TASK D: Filing/Invoicing/Billing - North WRF
Schedule of Work: Complete work within 120 days from receipt of the Notice
to Proceed authorizing start of work.
Compensation: In accordance with Article Five of the Agreement, the County
will compensate the Firm in accordance with the negotiated time and materials
amounts provided in the schedule below
Task A: $28,000.00
Task B: $10,500.00
TaskC: $ 5,100.00
Task D: $ 2,300.00
Reimbursable $ 1000.00
TOTAL FEE $46,900.00
Agenda Item No. 16C10
March 28, 2006
Page 6 of 15
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:
Richard Cannyn, PUED, Project Manager
Date
APPROVED BY:
James W. DeLony, P.E., Public Utilities Administrator
Date
Approved as to Form and
Legal Sufficiency:
ACCEPTED BY:
Assistant County Attorney
Witnesses (2)
Date:
By:
Bill Beddows, Client Officer
CH2M Hill, Inc.
Fund: 414
cc: OIL Account:631400
Type or Print Name and Title
Proj ect N urn ber: 73966
Agenda Item No. 16C10
March 28, 2006
Page 7 of 15
SCOPE OF SERVICES
GENERAL CEI SERVICES CONTRACT
TASK NO. X
NORTH COUNTY WATER RECLAMATION FACILITY
NORTH BLEACH FACILITY IMPROVEMENTS
COLLIER COUNTY
I. BACKGROUNIO
CH2M HILL (CONSUl, TANT) was tasked by Collier County (COUNTY) to perform
Construction El1gineering Inspection Services for the construction of tbe North Bleach Fac.ility
Improvements located a.t the North County Water Reclamation Facility.
The proposed services include:
Field: Field inspection of the proposed construction
Office: Office :support, project files maintenance and general correspondence
CH2M HILL will base ilts inspection on the separate plans prepared by Hole Montes. COlnty
will provide to Consultant all data in County's possession relating to Consultant's service~; on the
PROJECT. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of
the information provided by County.
II. OBJECTIVE
The objective of this scope of services is to document the required services that CH2M HILL
will need to perfonll, to successfully complete CEI Services for the improvements to the ~[orth
County Water Rcclamalion Facility - ~orth Bleach Facility.
III. REQUIRED SERVICES
For this task CH2M HILL will be providing the following services:
A. Field Iosoectiolll Services - Nortb Countv WRF - A Senior Inspector will be pro-tided to
oversee the Con:;tructlon of the North Bleach Facility Improvements at the North COlmty
Water Reclamation Facility. Construction is scheduled for 120 days. Thc senior ill~~pcctor
has been budgetl~d part-time for a total of approximately 400 hours to observe aneL
document the construction activities. If the level of effort required to complete the work
exceeds the 400 hours budgeted for this portion of the work additional hours andfc~e will
bc added through a supplemental agreement. The following activities will be perf,mned
under this task:
a Administer the Contract such that the project is constru.cted in cOllfonnity with the
plans, specifications, and Contract provisions.
- 1 -
Agenda Item No. 16C10
March 28, 2006
Page 8 of 15
b. Observe the Contractor during various operations to verify the materials and
methods used by the Contractor confonn to the specifications of the Constrllction
Contract:, and notes on the plans.
c. Provide sl:mces to monitor the CONTRACTOR's construction operations and to
inspect mllterials entering into the work as required to verify that the qualit:r of
workmanship and materials is such that the projects will be completed in
confOrma1JCe with the plans, specifications and other contract provisions. The
County will provide all material testing services required to verify material
compliam:e with the specifications.
d. Keep detailed, accurate records of the CONTRACTOR daily operations and
significant events that affect the work. CONSULTANT will maintain a daily
report submitted weekly to the project manager, which will include a photc, log of
iliat week's activity. CONSULTANT will also conduct a weekly A~-Built review
of contractor drawings.
e. Advise tbe COUNTY of any omissions, substitutions, defects, and deficiercics
noted in the work of the CONTRACTOR and the corrective action taken. Worle
provided by the CONSULTANT shall not relieve the CONTRACTOR of
responsibility for the satisfactory performance of the Construction ContracL
f. Observe materials sampling and materials testing procedures performed b)' others.
CONSlIT.TANT will review lab results for tested materials and will report ;my
discrepancies to COUNTY as appropriate,
g. CONStn. T ANT will be obligated to attend all progress meetings and all S ;lfety
and coordination meetings.
h. Record dra'Wings will not be required as part of this agreement.
B. Office SUDPort.- North CountyWRF - CONSULTANT will be made available ':0
respond to field :requests for information and provide el1gineering support if requested. A
total of 140 hoUJr's have been budgeted for this portion of the work. If the level of ()ffort
to respond to requests for information exceeds this estimated hours an amendment will be
prepared to auth,)rize additional fee.
C. Manaeement/Coordination - North CountvWRF - CONSULTANT will be mllde
available to coordinate construction issues, review payment requests and provide
rnanagcmentldi:rection when required. A total of 80 hours have been budgeted for this
portion ofthe work.
D- FiJin2lCorresp,rmdence - North CountyWRF - CONSULTANT will be made available
to handle project files and general correspondence. A total of 40 bours have been
budgeted for thi~; portion of the work.
IV. SCHEDULE
It is anticipated that the construction contract will be 120 calendar days. The Senior Inspl~ctor
will be physically on site as needed to provide observation of the operations during the UO
.2-
Agenda Item No. 16C10
March 28. 2006
Page 9 of 15
calendar day constructiorl contract in an amount not to exceed eight (8) hours per working CLay
(Monday through Friday) during the defined construction period. Should the on-site observation
activities require more thiID 8 bours duration on average, or the estimated 660 total bours f,)r this
work is exceeded, a new ,~hange order will be negotiated.
v. ENGINEER'S COMPENSATION
For Task A through D the COUN"TY will compensate the CONSUlTANT a Time and Materials
fee not to exceed $46,900.00
Personnel at Construcdon Site
The presence or duties of CONSULTANT's personnel at a construction site, whether as Oll!;ite
representatives or otherwise, do not make CONSULTANT or CONSULTANT's personnel in
any way responsible for those duties that belong to COUNTY andlor the constrUction conraetors
or other entities, and do not relieve the construction contractors or any other entity of theit
obligations, duties, and rl~sponsjbi1ities, including, but not limited to, all constrUction methods,
means, techniques, seqUl::nces, and procedures necessary for coordina.ting and completing 211
portions of the construction work in accordance with the construction Contract Document> and
any health or safety prec;l.utions required by such construction work.
CONSULTANT and CONSULTANT's personnel have no authority to exercise any control over
any construction contractor or other entity or their employees in connection with their worl~ or
any health or safety pree autions.
The presence of CONSFL T ANT's personnel at a construction site is for the purpose of providing
to COUNTY a greater dr.grec of confidence that the completed construction work will conform
generally to the construction documents and that the integrity of the design concept as reLected
in the construction documentS has been implemented and preserved by the construction
contractor(s). CONSULTANT neither guarantees the performance of the construction
contractor(s) nor asswncs responsibility for construction contra.ctor's failure to perform w,)rk in
accordance with the COl1.1>truction documents.
In providing opinions of cost, financial analyses, economk feasibility projections, and schedules
for tbe PROJECT, ENGINEER has no control over cost or price o flab or and materials; U:lIrnoVim
or latent conditions of existing equipment or structures that may affect operation or maint~nance
costs; competitive bidding procedures and market conditions; time or quality of perforrnalce by
operating personnel or third parties; and other economic and operational factors that may
materially affect the ultimate PROJECT cost or schedule. Therefore, ENGINEER makes 10
warranty that OWNER'~; actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary lltom ENGINEER's opinions, analyses, projec!i~:,:s, or estimates
- 3-
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WORK ORDER tLUC-195
Agreement for Underground Utility Services
Contract #04-3535, Dated June 8, 2004
Agenda Item No. 16C 10
March 28, 2006
Page 11 of 15
This Work Order is for Underground Utility services for work known as:
Project: NCWRF Bleach System Reliability Upgrades
The work is specified in the proposal dated March 3, 2005, 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 IIUC-195 is assigned to Mitchell and Stark.
Scope of Work: See Attached Request for Quote.
Schedule of Work: Complete work within 60 Days from receipt of the Notice to Proceed.
Compensation: In accordance with Article Five of the Agreement, the County will compensate the
Firm in accordance with the negotiated time and material and lump sum amounts indicated (if a
task is time and material, use the established hourly rate(s) as enumerated in Schedule "A" of the
Agreement).
See Attached Request for Quote Bid Schedule.
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:
Richard Cannyn, PUED, Project Manager
Date
APPROVED BY:
James W. DeLony, P.E., Public Utilities Administrator Date
Approved as to Form and
Legal Sufficiency:
ACCEPTED BY
Assistant County Attorney
Witnesses (2)
Date:
By
Mike Westhafer, Client Officer
Mitchell and Stark, Inc
Fund 414
cc
G/L Account:63140Q
Project Number:73966
03/03/2005 09:10
12395557855
MITCHELLSTARK
Mitchel~ & Stark Construction Company,
6001 Shir1ey S~eet, Naples, F~orida 34109
To:
Attn:
@Fax:
From:
Date:
Pages:
Collier County Purchasing Department
Mr. Jack Curran
239-530-6596
Mike Westhafer
3/3/06
3
Re:
Quotation for Contract #04-3535
NCWRF North Bleach Facility Improvements, Phase 1
Dear Mr. Curran:
Agenda Item t::J.Q_16Cj.o
Marcn~ 20!j6/03
Page 12 of 15
Inc.
Attached is our cost proposal for the referenced work. We appreciate the opportunity to provide
this quotation and look forward to working with you.
Thanks,
Mike Westhafer
Mitchell & Stark Constnlction Company, Inc.
ph. 941-597-2165 x26
fax 941-566-7865
~~/~3/2005 09:10
12395557855
MITCHELLSTARK
Agenda Item No. 16C10
March~f200~2/03
Page 13 of 15
COLLIER COUNTY FLORIDA REQUEST FOR QUOTA nON # 00-0000
PROPOSAL PAGE
DUE DATE:
March 3m, 2006 au 4:00PM
TIle undersigned, as quoter, hereby declares that he has examined the specifications and informed himself
fully in regard to all terms and conditions pertaining to the project and, if this Proposal is accepted, to
furnish same in full, according to the following:
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this ~yJ day of ilta.~ .'
2006 in the County of ~tl.~ , in the state of F-ls.-..Ja..
M.Lfvk.d~ ~'(~k {"v.$~. (~. . {"'~.
Firm's omplcte Legal Name I
Phone No. Z"3'1 ~ 5'"'11 - '2.1 b-5
FAX No. 2:S'Q - S--L-G, - 1'& &,)'
Email: ~1!.st.t.dL-~..3h-k.CA.-
&,001 '7k-vf~r 5f,
Address
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City, State, Zip
BY~Jt.r 11-
Signa re~
4
~j/~JIL005 09:10
12395557855
MITCHELLSTARK
Agenda Item No. 16C 1 0
March ~200~3/03
Page 14 of 15
Bid Schedule
Bid Item and Description Unit Number Cost
I Units
1 MobilizationIDemo bi lizati on LS ,0, 9L;y} !2;>
2 Removal and Reinstallation L5 1 .
of Roof (O~ ~
3 Demolition of Tanks, piping, LS 1 I
and concrete ZO Ct!Jl.l ~
,
4 Installation and Testing of LS 1 ~
prc-J)urchase tanks 11. '?()O
5 Modifying piping & Piping LS 1
Testing "ZD ClOo!.o "'-:-
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6 Disassemble existing LS 1
temporary tanks and piping, .e
~, <<50(> -
and disposal of pipin.g
7 Clean and load tanks on LS 1 7~9.?
truck l
8 $12,000 Contingency Fund EA 1 $12,000.00
for Unforeseen Conditions
for Roofing Repairs
9 $8,000 Contingency Fund $8,000,00
for Unforeseen Conditions
for Piping Repairs
Total Cost II 0 oQ:::>.!5'
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Agenda Item No. 16C11
March 28,2006
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to authorize the purchase of sole-source equipment, for specific rehabilitation
projects for the North County Water Reclamation Facility Rehabilitation, Project 725321 in the
amount not to exceed of $281,000.
OBJECTIVE: The public purpose is to maintain critical equipment to sustain continuous operation
at the North County Water Reclamation Facility by replacing 3 bar screens that have deteriorated and
are in urgent need of replacement.
CONSIDERATION: Several items of critical equipment at the North County Water Reclamation
Facility (NCWRF) are almost 20 years old and are original to this facility. The approved reliability
and rehabilitation program is for the replacement of these much-needed pieces of equipment. This
request is for the approval for the purchase of the equipment for the replacement of 3 deteriorated bar
screens.
County to purchase equipment from Parkson Corporation, the original equipment manufacturer and
sole-source equipment provider, for $281,000 including freight for the 3 units. The sole source letter
and the Parkson Corporation quote for the needed equipment are attached to this Executive Summary.
Using bar screens from the same manufacturer as the existing equipment will streamline the equipment
installation and integration into the existing system, while minimizing operational difficulties.
No additional staff training is required for operation, troubleshooting and repairs.
.....-.."
For comparison, staff has evaluated the cost and logistics of repairing the bar screens (in-place and also
by shipping to a repair facility) versus replacing with new. It was determined that replacing the bar
screens with new equipment was more economical due to minimized plant equipment downtime and
reduced labor costs. By direct purchasing 3 bar screens the County will be saving in excess of $50,000
on the cost of purchasing due to the economics of purchasing 3 bar screens instead of 1, as well as
$20,000 by avoiding redesign fees, plus a savings of approximately $30,000 on the installation cost by
doing 3 bar screens instead of one at a time for a total savings of $100,000.
Hazen & Sawyer Engineering is performing the engineering services under work order number HS-
FT -3785-06-07 under the Fixed Term Utility Engineering Service contract 05-3785. Due to lead time
of 16 weeks for the fabrication of the bar screens and the importance of the project, Hazen and Sawyer
Engineering has been working closely with Parkson Corporation and NCWRF operations staff in the
design of the replacement bar screens.
Installation ofthe bar screens will be done under County's fixed term Underground Utility Contracting
Services RFP 04-3535. The construction contractor will be selected once all the engineering has been
completed within the 16 weeks lead time for the fabrication of the bar screens.
These projects are consistent with the 2003 Wastewater Master Plan Update as adopted by the Board
on May 25, 2004 as Agenda Item 10 C. The Clerk of Courts, Finance Department, has reviewed the
information contained in this Executive Summary.
_.
Executive Summary
NCWRF Rehabilitation, Project No. 72532]
Page Two
Agenda Item No. 16C 11
March 28, 2006
Page 2 of 8
FISCAL IMPACT: Funds in the amount of$28],000 are available in Project 725321 for the
specified tasks. The source of all funds is the Wastewater User Fee Fund 4] 4. The budget 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 meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing
Board of the Collier County Water-Sewer District:
Waive formal competition in accordance with purchasing policy V(C) and approve the purchase of
three (3) bar screens including freight cost from Parkson Corporation for an amount not to exceed
$28] ,000.
PREP ARED BY:
Vaughn G. Williams, Sr. Project Manager, Public Utilities Engineering.
.<""".-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16C11
March 28, 2006
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C11
Recommendation to authorize the purchase of solew50urce equipment, for specific
rehabilitation projects in the amount not to exceed of $281,000 for the Nortt1 County Water
Reclamation Facility Rehabilitation Project 725321,
31281200690000 AM
Senior Project Manager
Date
Prepared By
Vaughn Williams, PE
Public Utilities
Public Utilities Engineering
21241200610:08:04 AM
Treatment Plant Superintendent
Date
Approved By
Dale R. Waller
Public Utilities
WasteWater
21271200610:31 AM
Purchasing Agent
Date
Approved By
Jack P. Curran
Administrative Services
Purchasing
311120061:41 PM
Mike Hauer
Acquisition Manager
Date
Approved By
Administrative Services
Purchasing
3/112D06 1 :57 PM
G. George Yilmaz
Interim WasteWater Director
Date
Approved By
Public Utilities
WasteWater
31212006 7:06 AM
Approved B}'
Jon Pratt
Public Utilities
Treatment Plant Superintendent
Date
WasteWater
312120068:11 AM
Operations Director
Date
Approved By
Thomas Wides
Public Utilities
Public Utilities Operations
3121200610:51 AM
Senior Project Manager
Date
Approved By
KartmB. Gullani, P.E.
Public Utilities
Public Utilities Engineering
3/2/2006 12:51 PM
Purchasing/General Svcs Director
Date
Approved By
Steve Carnell
Administrative Services
Purchasing
3/212006 2:00 PM
Roy B. Ander$on. P.E.
Public Utilities Engineering Director
Date
Appro,,'ed By
PUblic. Utilities
Public Utilities Engineering
31212006 4:20 PM
Approved By
James W, Delany
Public Utilities
Public Utilities Administrator
Date
Public Utilities Administration
3113/200611:36AM
Deputy County Manager
Date
Approved By
Leo E. Ochs, Jr.
Board of Coun1Y
Commissioners
County Manager's Office
312212006 1 :32 PM
Agenda Item No. 16C11
March 28, 2006
Page 4 of 8
i:" PARKSON CORPORATION
... the environmental technology company
February 23, 2006
Vaughn Williams
Collier County Public Utilities
3301 East Tamiami Trail, Bldg. H
Naples, FL 34112
Reference: Step Screens and Compactors
North County VVWTP
Dear Mr. Williams:
Parkson Corp is the manufacturer of the newest bar screen (RotoScreen @)
and compactor, installed at the plants head works. This unit has been in
service since 2003. The three new proposed screens are an exact duplicate
of this operating screen and will be designed to work as a total system. This
system will be designed and installed to provide increased hydraulic capacity,
remove more debris from the influent wastewater, to effectively achieve
compaction of these screenings, reducing odors by removing water and
reduce disposal costs. Because the new screens will be identical to the
existing screen, all the hydraulics will be the same so that no special
channels or splitters will be required.
The new equipment would share the same spare parts and control logic as
the existing unit. Operation and maintenance personnel already operate this
equipment and would not have to learn another system or how to balance two
different systems.
Parkson Corp is the sole source manufacturer and distributor of the above
mentioned bar screens and compactors. If you have any questions please do
not hesitate to call me or Jim Wahl of The Mack Company, Parkson's
exclusive sales agent in your area.
Very truly yours,
PARKSON CORPORATION
Russell Cook
Director, Domestic Sales
cc: Jim Wahl, The Mack Company
PARKSON FLORIDA
(CORPORATE)
2727 NW 62ND STREET
FORT LAUDERDALE FL
33309-1721
P.O. Box 408399
FORT LAUDERDALE FL
33340-8399
P 954.974.6610
F 954.974.6182
PARK50N IU.lNOIS
847.816.3700
PARKSON MICHIGAN
616.791.9100
PARK50N CANADA
514.636.4618
PARK.SON DO BRASIL LTDA.
55.11.4195.5084
WW\V.PARK.<;ON.COM
An Axel Johnson Ine. Company
An Equal Opportunity Employer
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Agenda Item No. 16C11
March 28, 2006
Page 7 of 8
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Agenda Item No. 16C12
March 28, 2006
Page 1 of 11
Executive Summary
Recommendation to award Work Order CAE-FT-3785-06-02 with Carollo
Engineers, P.C. for professional engineering services for High Pressure Reverse
Osmosis Demonstration Scale Testing at the North County Regional Water
Treatment Plant (NCRWTP) in the amount of $264,900, Project Number 70094.
OBJECTIVE: The public purpose is to provide further improved system reliability at the
NCRWTP by performing a demonstration scale testing of High Pressure Reverse
Osmosis (HPRO) equipment for the treatment of high salinity water. This test will
reveal if the treatment of high salinity water from four existing wells is economical. The
goal is to modity the NCR WTP to effectively treat this saline water and regain total use
of available raw water supplies in order to meet the County's finished water demands.
,~."......,
CONSIDERATION: On May 25, 2004, as Agenda item 10 (D), the Board of County
Commissioners (the "Board") adopted the 2003 Water Master Plan Update, which
identified requirements for the development of reliability wells. In an effort to improve
system reliability, Collier County Public Utilities seeks to add HPRO to the NCRWTP
and treat water from wells RO-] N through RO-4N, which have experienced an increase
in salinity. Each of these wells has a design production rate of ] 000 gpm. The existing
NCRWTP treatment equipment, Low Pressure RO and Nanofiltration, is not designed to
treat this higher salinity water and wells RO-] N through RO-4N have largely been
unused since 2002. It is believed that the pumping and treatment of the degraded water
in these wells will protect the remaining well fields from similar degradation.
Total Dissolved Solids (TDS) is anticipated to range from ]3,000 mg/L in well RO-]N to
approximately 25,000 mg/L in wells RO-2N and RO-3N. Two (2), I-MOD HPRO trains
are planned and will be located in the existing NCRWTP Nanofiltration (NF)/Brackish
Water Reverse Osmosis (BWRO) Building. Electrical motor controls will be fed from the
existing transformer and switchgear (currently being upgraded), but are planned to be
located in a new structure. Other ancillary facilities will also require upgrades, such as the
degasifiers and chemical storage/feed systems.
Staff has negotiated scope and fees that are fair, reasonable, and commensurate with
engineering services as outlined in the Annual Fixed Term Contract #05-3785. During
FY2007, Board approval will be requested for the design and construction services of two
(2), I-MOD HPRO trains with construction beginning in FY08.
The Purchasing Department and the Clerk of Courts Finance Department has reviewed
the information contained in this Executive Summary and the corresponding attachments.
".~"
FISCAL IMP ACT: Funding is available in and is consistent with the FY 06 capital
budget approved by the Board of County Commissioners on September 22, 2005.
Current appropriations are identified in the User Fee Fund (412) NCRWTP Process
Modifications, Project No. 700941.
Agenda Item No. 16C12
March 28, 2006
Page 2 of 11
GROWTH MANAGEMENT IMP ACT: This project meets current Growth
Management Plan standards to ensure the adequacy and availability of viable public
facilities.
RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio
Governing Board of the Collier County Water-Sewer District:
1. Award Work Order CAE-FT-3785-06-02 to Carollo Engineers, P.c., ill the
amount of $264,900.
2. Authorize the County Manager or his designee to execute the approved Work
Order after approval by the County Attorney's office.
PREP ARED BY: Howard Brogdon, Project Manager, Public Utilities Engineering
Department
.,...-"
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16C12
March 28, 2006
Page 3 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C12
Recommendation ,0 award Work Order CAE~FT ~3785-06-02 with Carollo Engineers. P,C. for
professional engineering services for High Pressure Reverse Osmosis Demonstration Scale
Testing at the North County Regional Water Treatment Plant (NCR~'\ITP) in the amount of
$264,900, Project Number 70094
3/28/2006 90000 AM
Laboratory Supervisor
Date
Prepared By
Howard Brogdon
Public Utilities
Water
21241200611 :11 :14 AM
Paul Mattausch
Water Director
Date
Approved By
Public Utilities
Water
311/2006 ~:14 PM
Approved By
Karen B. Guliani, P.E.
Public Utilities
Senior Project Manager
Date
Public Utilities Engineering
3/21200612:52 PM
Public Utilities Enginee-ring Director
Date
Approved By
Roy B. Anderson. P .E.
Public Utilities
Public Utilities Engineering
3{212006 5:02 PM
Operations Director
Date
Approved By
Thomas Wides
Public Utilities
Public Utilities Operations
3/812006 11 :34 AM
Senior Purchasing and Contracts Agent
Date
Approved By
Kelsey Ward
Administrative Services
Purchasing
3113'20061;35 PM
Lyn Wood
Purchasing Agent
Date
Approved By
Administrative Services
Purchasing
3/13/2006 1 :38 PM
Approl-'cd By
James W. DeLony
Public Utilities
Public Utilities Administrator
Date
Public Utilities Administration
3/15/20068:27 AM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office .of Management & Budget
3/15/200612:13 PM
Approved By
Management & Budget Director
Date
Michael Smykowski
County Manager's Office
Office of ManDgement & Budget
3/20/2006 5:02 PM
Leo E. Ochs, Jr.
Deputy County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
3/20/20065:38 PM
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Agenda Item No. 16C12
March 28, 2006
Page 5 of 11
TASK ORDER
COLLIER COUNTY GOVERNMENT UTILITIES
(OWNER)
AND
CAROLLO ENGINEERS, A Professional Corporation
This Task Order is issued by the OWNER and accepted by ENGINEER pursuant to the mutual
promises, covenants and conditions contained in the Agreement between the above named parties
dated the day of ,20_, in connection with:
HIGH PRESSURE REVERSE OSMOSIS DEMONSTRATION SCALE TESTING.
(Project)
PURPOSE:
The purpose of this Task Order is to describe engineering services related to demonstration scale
testing of High Pressure Reverse Osmosis (HPRO) equipment to treat water from Hawthorn well
RO-3N. Demonstration scale testing shall consist of typical full-scale HPRO equipment, such 8-
inch membrane elements, pumps and energy recovery. The purpose of using full-scale equipment
is to make certain that the energy consumption demonstrated during this test is scaleable to the
County's 1-MGD HPRO trains.
BACKGROUND
The North County Regional Water Treatment Plant (NCRWTP) treats water from the Tamiami and
Hawthorn Aquifers using Nanofiltration (NF) and Brackish Water Reverse Osmosis (BWRO).
Design production for these supplies are 12-MGD of NF capacity treating the Tamiami Aquifer and
8-MGD of BWRO treating the Hawthorn Aquifer. Raw water is pretreated with acid and scale
inhibitor, then filtered through cartridge filters prior to the NF and BWRO trains. Permeate is
combined and aerated to remove carbon dioxide and hydrogen sulfide before being discharged
into a c1earwell where chlorine, fluoride and corrosion inhibitor are added. As water is transferred
from the clear well to ground storage, ammonia and sodium hydroxide are added. NF and RO
byproduct water is injected into one of two deep injection wells.
The NCRWTP began treating the Tamiami Aquifer with NF in 1993. BWRO was added in 1998 to
treat water from Hawthorn Aquifer wells RO-1 N through RO-11 N. However, wells RO-1 N through
RO-4N, on the west end of the County's well field, were abandoned as chlorides rapidly increased
from approximately 2,000 - 3,000 mg/L to between 6000 - 10,000 mg/L. The existing NCRWTP
Brackish Water Reverse Osmosis (BWRO) trains were not designed to treat this higher salinity
water and wells RO-1N through RO-4N have largely been unused since 2002 when Hawthorn
Wells RO-12N through RO-17N were added.
In an effort to improve system reliability, OWNER seeks to add HPRO to the NCRWTP and treat
water from wells RO-1 N through RO-4N, which have experience increased salinity. Each of these
wells have a design production rate of 1000 gpm. TDS is anticipated to range from 13,000 in well
RO-1N to approximately 25,000 mg/L in wells RO-2N and RO-3N. Two, 1-MGD HPRO trains are
planned and will be located in the existing NCRWTP NF/BWRO Building. Electrical motor controls
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Agenda Item No. 16C 12
March 28, 2006
Page 6 of 11
will be fed from the existing transformer and switchgear (currently being upgraded), but are
planned to be located in a new structure. Other ancillary facilities will also require upgrades, such
as the degasifiers and chemical storage/feed systems.
ENGINEER'S SERVICES
TASK 1. PROJECT MANAGEMENT
ENGINEER's Project Manager will provide management services which shall include preparation
of invoices, progress reports, and directing staff and internal resources in such a manner so as to
ensure the project milestones and deliverables are met as scheduled.
Task 1 deliver abies by ENGINEER include:
. Monthly Progress Reports
· Monthly Invoices
TASK 2. DEMONSTRATION TEST PROTOCOL
ENGINEER develop a demonstration test protocol to be used by the project team (Le., OWNER's
operations staff and ENGINEER) to provide guidelines for the equipment set-up, data collection
(Le., type of data and frequency of monitoring), analytical methods, quality assurance, and testing
duration. ENGINEER shall provide a draft and final copy of the demonstration test protocol for the
OWNER's staff to review. OWNER shall provide comments back to the ENGINEER within 2 weeks
following receipt of the draft copy.
Information provided by OWNER includes:
· Availability of utilities and connection requirements to support the following:
o Up to 150 gpm well flow,
o Up to 150 gpm waste (Le., permeate and byproduct) water disposal, and
o 480VAC, 150A, 3 Phase electrical service.
· Comments on draft final protocol
Task 2 deliverables by ENGINEER include:
· Draft Demonstration Test Protocol
o Demonstration Equipment Design Criteria and Set-up
. Raw water source,
. Type of membranes,
. Flux rate, recovery rate, etc.
o Data Collection Location and Frequency
. Hydraulic data (e.g., pressure, flow)
· Water quality data (e.g., conductivity, pH, hardness, TDS, etc.)
o Analytical Methods
o Quality Assurance Procedures
o Testing schedule
. Final Demonstration Test Protocol
TASK 3. DEMONSTRATION TEST EQUIPMENT
ENGINEER shall provide demonstration scale HPRO equipment, available to the OWNER for 6-
months. The demonstration scale equipment is packaged inside a standard shipping container (45-
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Agenda Item No. 16C12
March 28, 2006
Page 7 of 11
ft (L) x 8-ft (W) x 9.5-ft (H)) which weighs 22,000 Ibs. ENGINEER shall coordinate and ship the
demonstration scale equipment to and from the NCRWTP site. Shipping requires a special "low-
boy stretch" trailer and associated shipping permits. Receipt of the equipment and placement of
the equipment at the NCRWTP will require a crane service and shall be responsibility of the
OWNER. Placement of the equipment shall include a temporary pad (e.g., railroad ties,
foundation, etc.) where the trailer can be set. ENGINEER shall provide insurance for the
equipment throughout the duration of the shipment and study. OWNER shall also provide crane
service for loading the trailer back onto a trailer for return shipment.
ENGINEER shall provide appropriate materials for testing the demonstration scale equipment,
including membranes, cartridge filters, chemicals, and maintenance materials. Materials for
maintenance may include spare parts, motor oil, etc. Any maintenance required of the equipment
shall be performed by ENGINEER.
OWNER shall provide water supply and disposal piping and electrical service to the demonstration
scale equipment container. All piping and electrical work within the container is the responsibility of
the ENGINEER.
ENGINEER shall provide support to the OWNER's staff during the initial set-up of the pilot
equipment. Any subcontractors hired by ENGINEER, such as the demonstration scale HPRO
equipment owner, shall be required to submit their names, social security number and a photocopy
of an official photo identification card to the OWNER fourteen (14) days prior to any scheduled
visit. An original copy of the photo identification card must be presented to the OWNER upon
gaining access to the NCRWTP. OWNER reserves the right to refuse entry to the NCRWTP
without giving reason, but shall do so seven (7) days prior to the visit.
If during the course of the study modifications to the equipment (e.g., piping, instrumentation, etc.)
are required, ENGINEER shall be notified and approve any such alterations. ENGINEER shall be
responsible for restoring modified equipment to its original condition at the completion of the study.
Services provided by OWNER:
. Unloading and placement of demonstration scale equipment.
. Water supply and disposal piping to and from the equipment.
. Electrical service connection to equipment.
. Utility costs (water supply, disposal, and electrical).
. Loading equipment for return shipment to ADC.
Deliverables by ENGINEER:
. Demonstration scale HPRO equipment.
. Shipment of equipment to and from the NCRWTP.
. Insurance for equipment during shipment and while located at NCRWTP.
. Maintenance of equipment including materials and spare parts.
. Refurbishment of equipment to original condition, if modified.
TASK 4. DEMONSTRATION TEST OPERATIONS
The purpose of Task 4 is to:
. Identify services provided by OWNER and ENGINEER related to the operation of the pilot
test.
. Identify services provided by ENGINEER related to the interpretation of pilot testing data.
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Agenda Item No. 16C 12
March 28, 2006
Page 8 of 11
OWNER shall provide daily operations support services for the demonstration testing program
identified in Task 2. OWNER's staff shall manually record data from the demonstration scale
equipment twice each day. OWNER shall transmit testing data to the ENGINEER twice weekly.
OWNER shall conduct all laboratory analytical testing required by the study protocol. Field testing
will be performed by the operator using kits provided by ENGINEER. During the course of the
demonstration study, ENGINEER shall provide support with regard to pilot test data interpretation
and issue weekly progress reports by email to the project team. ENGINEER shall conduct a
progress meeting at the pilot site once every two weeks to discuss pilot operations with OWNER's
staff and identify any additional materials required to complete the testing.
At the end of the demonstration study, ENGINEER shall conduct a cleaning analysis and have one
lead and one tail element sent off for autopsy. ENGINEER shall use OWNER's single element skid
at the NCRWTP for the cleaning study. ENGINEER shall supply chemicals for the cleaning study.
OWNER is responsible for waste disposal and disposal of extra chemicals that are not used.
Services provided by OWNER includes:
· Twice Daily Demonstration Scale Equipment Operations and Monitoring
· Operation of water supply and disposal system
· Twice weekly transmittal of pilot plant data
· Analytical Services Related to Demonstration Test Monitoring
· Disposal of cleaning study waste
· Disposal of remaining cleaning chemicals
Deliverables provided by ENGINEER includes:
· Weekly updates (by email) of pilot plant operation to project team
· Element autopsy
· End of study cleaning investigation using OWNER's NCRWTP single element skid
TASK 5. ENGINEERING REPORT & RECOMMENDATIONS
ENGINEER shall prepare a draft final and final report summarizing the demonstration study data,
and make recommendations regarding the design of the HPRO treatment process. OWNER shall
review the draft report and provide comments within 2 weeks following receipt of the draft copy.
Services provided by OWNER includes:
· Comments on draft final demonstration study report
Task 5 deliverables by ENGINEER include:
· Draft final demonstration study report and recommendations
· Final demonstration study report and recommendations
TASK 6. MEETINGS
ENGINEER shall attend the following meetings:
· Kickoff meeting (Task 2): to present the draft demonstration study protocol.
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Agenda Item No. 16C12
March 28, 2006
Page 9 of 11
. Progress Meetings (Task 4): On-site visits by ENGINEER to review demonstration
operations. Based upon a pilot duration of 6 months, ENGINEER shall visit the site 12
times.
. Draft Final Report Presentation: to present final recommendations and identify any follow
up work that exceeds the scope of these services.
TIME OF PERFORMANCE
Pending the supply of OWNER furnished information and services, the deliverables for this project
will be completed on the following schedule. Should the supply of OWNER furnished materials be
delayed, the time of performance will be extended based upon the number of days the materials
were late. This schedule of services assumes that a Notice to Proceed will be issued on April 3,
2006.
. TASK 2
o Draft Demonstration Study Protocol 2 weeks following NTP
o Kickoff Meeting/OWNER's Protocol Comments 3 weeks following NTP
o Final Protocol 4 weeks following NTP
. Task 3
o Equipment Set-up by OWNER
. Task 4
o Twice weekly data transmittal by OWNER
oBi-weekly Site Visits by ENGINEER
o Weekly progress reports by ENGINEER
. Task 5
o Draft Final Report
o Draft Final Report Mtg/OWNER's Comments
o Final Report
3 weeks following NTP
starting 4 weeks following NTP
starting 4 weeks following NTP
starting 4 weeks following NTP
30 weeks following NTP
(November 6, 2006)
31 weeks following NTP
32 weeks following NTP
(November 20, 2006)
PAYMENT
The OWNER will be invoiced on a monthly basis per the conditions stated in Section 2 of the
Agreement. Payment for the services described in this Task Order will be lump sum based upon a
percentage of work completed by task with a Not-to-Exceed value of $264,900. ENGINEER's effort
will not exceed this cost without prior authorization. Lump sum values by task are summarized as
follows:
TASK 1 PROJECT MANAGEMENT
TASK 2 DEMONSTRATION TEST PROCOL
TASK 3 DEMONSTRATION TEST EQUIPMENT
TASK 4 DEMONSTRATION TEST OPERATIONS
TASK 5 ENGINEERING REPORT & RECOMMENDATIONS
TASK 6 MEETINGS
TOTAL
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$3,700
$20,900
$77,500
$1 01 , 1 00
$25,500
$36,200
$264,900
Page 5 of 6
Agenda Item No. 16C12
March 28, 2006
Page 10 of 11
EFFECTIVE DATE
This Task Order is effective as of the _ day of
,20_.
IN WITNESS WHEREOF, duly authorized representatives of the OWNER and of the ENGINEER
have executed this Task Order evidencing its issuance by OWNER and acceptance by
ENGINEER.
CAROLLO ENGINEERS,
A Professional Corporation
OWNER
Accepted this _ day of
20_
By:
Officer
BY:~~'
-- Partner -----
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Page 6 of 6
WORK ORDER #CAE-3785-06-02
Fixed Term Utility Engineering Services
Contract #05-3785, BCC Approved 9/27/05 16.C.14
Agenda Item No. 16C12
March 28, 2006
Page 11 of 11
This Work Order is for professional engineering services for work known as:
Project: IDgh Pressure Reverse Osmosis Demonstration Scale Testing
The work is specified in the proposal dated February 14, 2006, 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 #CAE-378S-06-02 is assigned to Carollo Enlllneers, p.e.
Scone of Work: This scope of services Includes engineerinll services related to demonstration scale testing of
High Pressure Reverse Osmosis (HPRO) equipment to treat water from Hawthorn well RO-4N. Demonstration scale
testing shall consist of typical full-scale HPRO equipment, such 8- inch membrane elements, pumps and energy recovery.
The purpose of using full-scale equipment is to make certain that the energy consumption demonstrated during this test Is
scaleable to the County's I-MGD HPRO trains.
Schedule of Work; Complete work within 38 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 and lump sum amounts indicated (if a
task is time and material, use the established hourly rate(s) as enumerated in Schedule "A" of the
Agreement).
Services Original Compensation
Task 1 Project Management 53,700 lump sum
Task 2 Demonstration Test Protocol 520,900 lump sum
Task 3 Demonstration Test Equipment 577,500 lump sum
Task 4 Demonstration Test OperatIons 5101,100 lump sum
Task 5 Engineering Report and ReeommendstllFns 525,500 lumn sum
Task 6 Meetings 536,200 lump sum
Total 5264,900
Any change within monetary authority of this Work Order made subsequent to final department approval
will be considered an addi'o ser' and charged according to Schedule "A" of the Agreement.
'-) .
APPROVED BY:
3'/-'3'''{,.
Date
PREPARED BY:
Ho
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;
ACCEPTED BY:
Assistant County Attorney
Witnesses (2)
......-:
, Iient Officer
Carollo EngioeJrs, P .C.
Fund: 412
CC:273SI2
OIL Aeeount:631400
Project Number:70094
Agenda Item No. 16C13
March 28,2006
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to award Work Order CDM-FT-3785-06-07 to Camp, Dresser, and McKee,
Inc., for professional engineering services for the proposal and writing services of up to 24 grant
application submittals to the South Florida Water Management District (SFWMD) and Big
Cypress Basin (BCB) for the Lower West Coast Water Supply Plan (LWCWSP) in relation to
the Alternative Water Supply (A WS) Funding, and approve the necessary Budget Amendments
in the amount of $99,955 for Project Number 75009.
OBJECTIVE: The public purpose of this work order will potentially save the rate payers of Collier
County from paying 40% of the costs for projects by offsetting costs from the Alternative Water Supply
Funding Grants under Senate Bill 444 (SB 444) to the South Florida Water Management District
(SFWMD) to fund projects in the Public Utilities Engineering Division's (PUED) Construction Capital
Alternative Water Supply Program.
CONSIDERA TIONS: SB 444 was passed in the 2005 legislative session to provide grant money to
the water management districts. The SFWMD distributed criteria and application forms on August 5,
2005.
This year the program operates on a similar reimbursement basis, with invoicing dates of April I, 2007
through August 1, 2007. The selection of this year's projects to receive grant funding will occur at the
Water Resources Advisory Committee meeting of the SFWMD in October 2006.
The main criteria of the selection process is that entire project or a project phase will be constructed by
August 1,2007. The project must fit the requirements of being an alternative water supply project, Le.
salt water, brackish water, reclaimed water. Only construction costs will be reimbursed; there is no
funding for permitting, design, or engineering services.
Up to 24 grant application submittals will be prepared by COM. The cost for this project is not to
exceed $99,955 depending on the work effort, and the actual number of grant submittals.
The Project 75D09, SFWMD Grant Applications, is contemplated in the 2005 Water and Wastewater
Master Plan Update to be adopted by the Board of County Commissioners later this year.
The Clerk of Courts Finance and Accounting Department has reviewed the information contained in
this Executive Summary and the corresponding attachments.
FISCAL IMP ACT: The SFWMD has $36 million available to distribute to 16 counties that come
under their jurisdiction.
The total cost associated with this executive summary is $99,955. These funds are available in the
FY06 Capital Budget, approved by the Board of County Commissioners on September 27, 2005.
Funding source is Fund 414, Wastewater User Fees and Fund 412, Water User Fees.
-,.
GROWTH MANAGEMENT IMP ACT: The projects to be submitted as a result of this work order
will be from those listed as part of the capital potable water projects in the Growth Management Plan
(Capital Improvement Element 20). In addition, the Irrigation Quality Water projects are listed in CIE
22 as capital sewer projects in the Gro\\1h Management Plan.
Agenda Item No. 16C13
March 28, 2006
Page 2 of 8
In addition, the alternative water supply projects are in conformance with Objective 1.1 of the Potable
Water Sub-Element of the Growth Management Plan, "The County will locate and develop potable
water supply sources to meet the future needs of the County owned and operated systems, said supply
sources meeting the minimum Level of Service Standards established by this Plan." All of the water
projects identified in the attached table are to ensure adequate supply for future demand.
Objective 1.4 in the Wastewater Sub-element of the Growth Management Plan states, "The County
will continue to promote the use of treated wastewater effluent for irrigation purposes in order to
provide an environmentally sound disposal method and to conserve potable water and groundwater
supplies by developing and implementing an integrated, comprehensive strategy for the following
Policies." All of the reclaimed water projects that have been identified in the attached table have the
common goal to provide additional reclaimed water storage, and also in-turn, additional reclaimed
water service to the County's utility customers. These projects will both minimize environmental
impacts through the minimization of disposal as well as supply an alternate source to potable water.
RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing
Board of the Collier County Water-Sewer District:
1. Approve the Work Order CDM-FT-3785-06-07 with Camp, Dresser, and McKee, Inc., to
provide Professional Engineering services for the proposal and writing services of up to 24
grant application submittals.
2. Approve the necessary Budget Amendments in the amount of$99,955.
3. Authorize the County Manager or his designee to execute the approved work orders.
PREPARED BY: Richard Cannyn, PMP, E.I.T., Project Manager for Public Utilities Engineering
Division of Co llier County.
2
WORK ORDER tLCDM-Ff-3785-06-07
Agreement for Professional Engineering Services
Contract #05-3785
Agenda Item No. 16C 13
March 28, 2006
Page 3 of 8
This Work Order is for Professional Engineering services for work known as:
Project: SFWMD Grant Applications
The work is specified in the proposal dated March 6, 2006, 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-Ff-3785-06-07 is assigned to CDM.
Scope of Work: See Alternative Water Supply Grant Assistance Fee Proposal
Schedule of Work: Complete work within 365 Days from receipt of the Notice to Proceed.
Compensation: In accordance with Article Five of the Agreement, the County will compensate the
Firm in accordance with the negotiated time and material and lump sum amounts indicated (if a
task is time and material, use the established hourly rate(s) as enumerated in Schedule "A" of the
Agreement).
See Attached Bid Schedule
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:
Richard Cannyn, pmp, ElT, PUED, Project Manager Date
APPROVED BY:
James W. DeLony, P.E., Public Utilities Administrator Date
Approved as to Form and
Legal Sufficiency:
ACCEPTED BY:
Assistant County Attorney
Witnesses (2)
Date:
By:
Charlie Voss, Client Officer
CDM
Fund 412/414 CC
G/L Account:631400
Project Number: ?
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16C13
March 28. 2006
Page 4 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C13
Recommendation 10 award Work Order CDM-FT-3785-06-07 WiUl Camp, Dresser, and
McKee. Inc., tor professional engineering services for the proPQsal and writing services of up
to 24 grant application submittals to the South Florida Water Management District (SFWMD)
and Bi!:; Cypress Basin (BeB.l for the Lower West Coast Water Supply Plan (LWCWSPj in
relalion to the Alternative Water Supply (AW8) Funding, and approve the necessary Budget
Amendments in the amount of $99,850 tor Project Number 75009
3/28/2006 ~'OO:OO AM
Dare
Prepared By
Richard Cannyn
Public Utilities
Project Manager
Public Ullllties Engineering
2/24120064:15:49 PM
Date
Approved By
Pamela Libby
Public lH:ihties
Water Operations Manager
Wat!!'t
2f28/2006 5:00 PM
Date
Approved By
Paul Mattaus~h
Public Utilities
Water Dir(lctor
Water
3;'1120064:07 PM
Date
Approved By
William D. Mullin, PE
Public Utilities
Principal Project Manager
Public Utilities Engineering
3f9f2006 10:29 AM
Date
Approved By
Thomas Wides
Public Utilities
Operations Director
Public Utilities Operations
3!131200G 9;29 AM
Date
Approved By
Lyn Wood
Administrative Services
Purchasing Agent
Purchasing
3/14/20069:51 AM
Date
Approved BJI
Kelsey Ward
Administrative Services
Senior Purchasing and Contracts Agent
Purchasing
3./14/2Q06 10:57 AM
Date
Approved By
Roy B. Anderson. P .E.
Public Utilitie-s
Public Utilities Engineering Director
Public Utilities Engineering
3/14/20061;32 PM
Date
Approved B}'
Gwen Walker
Public Utiliti~
Executive Secretary
Public Utllilie-s Admin
3115/20064:00 PM
Date
Approved B)'
James W. DeLony
Public Utilities
Puhlic Utilities Administrator
Public Utilities Administration
3/15/20064:10 PM
Date
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Office of ManagElment & Budget
3116/20Q6 7:47 AM
D;}t!t
Approved B}'
MichaelSmykowski
County Manager's Office
Managerrwnt & BUdget Director
Office of Management & Budget
3/2:0/2006 5:04 PM
Date
Approved B)'
Leo E, Ochs, Jr.
Board ot County
Commissioners
Deputy County Manager
County Manager's Office
3/20/20065:25 PM
CDII
Agenda Item No. 16C13
March 28, 2006
Page 5 of 8
Alternative Water Supply Grant Assistance
Fee Proposal
Section 1 Overview
1.1 Introduction
In May 2005 the Florida State Senate passed Senate Bill 444 (SB444) providing each
Water Management District throughout the state with funding to pass along to their
constituents for alternative water supply projects. This was the first time the state
government took such a strong stance to fund alternative water supply projects,
demonstrating that preserving the quality of life in Florida is a state priority.
Secondly, the bill redefined alternative water supply. The new, expanded definition
as described in the bill states that alternative water sources include:
. Saltwater and brackish water,
. Surface water captured during wet weather,
. Sources made available through storage,
. Reclaimed water,
. Stormwater (for consumptive use), and
. Other non-traditional sources
Each water management district has to match the state funds with 50 percent of the
district's funds. In addition, the funding from the district can only be used for
construction/ capital costs and cannot exceed 40 percent of the total
construction/ capital costs. The remaining 60 percent of the necessary funds must be
provided by the utility.
Collier County succeeded in obtaining a significant amount of grant funding (over $5
MM) from the South Florida Water Management District (SFWMD). The funding
reflected Collier County's superior alternative water supply efforts and their position
as pioneer of new technology and innovative projects to utilize alternative water
supply sources.
This work is being done under Contract 05-3785, Fixed Term Utility Engineering
Services, signed September 27,2005.
1.2 Work Plan/Schedule
CDM will create a work plan with a schedule that includes a technical review by
members of the County staff (chosen by the County PM) and CDM technical
reviewers. The schedule will allow ample time for preparation, review, and timely
delivery to the District. Any modifications to the schedule will be discussed between
the CDM and County PM.
1-1
C:\Documents and Settings\prietolm\My Documents\Collier Grant Assistance 06~07\AW$ Grant Assistance Scope FY06-07 Revised.doc
Collier County
Fee Proposal Alternative Water Supply Grant Assistance
Agenda Item No. 16C13
March 28, 2006
Page 6 of 8
It is anticipated that the application forms and program description/requirements
will be published in March 2006 and the applications will be due June 1, 2006.
Section 2 Scope of Services
Task 1 Application Preparation
Task 1.1 SFWMD Grants
CDM will compile the information and prepare the applications for the FY 2006-2007
alternative water supply grant funding provided by the SFWMD for Collier County
Public Utility Engineering Projects. Included in these efforts an overall matrix with
the project name, description, and estimated project schedule will be prepared.
Secondly, one map will be created showing the alternative water supply projects
listed in the matrix. The County will provide information and/ or assist with
coordination for those projects done by other consultants/ engineers. CDM will
provide draft applications for the County within a mutually agreed upon schedule.
Task 1.2 Big Cypress Basin (BCB) Grants
In addition CDM will also complete applications for grant opportunities from the
BCB. This work will be done in conjunction with the applications done for the
SFWMD; however, this work is not included in the lump sum amount listed for the
SFWMD contracts.
Task 2. Meetings with SFWMD
CDM will attend up to two (2) coordination meetings with the District and two (2)
district-sponsored meetings including, but not limited to the SFWMD Water
Resources Advisory Commission (WRAC) meeting and/ or informational sessions on
the alternative water supply grant program. CDM mayor may not attend the WRAC
meeting in which the selected projects are announced depending on expenditure of
this task. One meeting may be to meet with the BCB to coordinate efforts for BCB
grant funding.
Task 3. Meetings with Collier County
CDM will attend no more than two (2) coordination meetings with Collier County
PUED staff regarding the SFWMD grant program. One meeting will be held to
review the preliminary list of projects eligible for grant funding. The project list will
be finalized at this meeting from which the project applications will be prepared. Any
changes to this list after the meeting may delay the schedule.
Task 4. Reporting Requirements
The SFWMD required status reports and a final completion report for each of the
projects funded through the alternative water supply program. In addition there are
stringent requirements for construction completion and the submittal of invoices to
the SFWMD for reimbursement. CDM will also conduct reporting efforts for those
grants achieved through the BCB as well. CDM will prepare the status reports and
the final completion report for the projects selected by the SFWMD for alternative
1-2
COM
C:\Documents and Settings\prietolm\My Documents\Collier Grant Assistance 06-07\AWS Grant Assistance Scope FY06.Q7
car.t
Agenda Item No. 16C13
March 28, 2006
Collier Jfl4geti of 8
Fee Proposal Alternative Water Supply Grant Assistance
water supply grant funding. In addition CDM will prepare a tracking document to
track progress on the projects selected. This document will be updated and
distributed to Collier County PUED monthly until the grant funding requirements for
FY 2006-2007 are complete.
Task 5. Additional Services
CDM will provide additional services requested in writing from Collier County
PUED to:
. Attend additional meetings
. Prepare information for the Lower West Coast Water Supply Plan
Section 3 Compensation
CDM will provide the applications in Task 1.1 at a lump sum per contract of $2,100.00
The services provided in Tasks 1.2 through 5 will be provided at time and materials
cost. A cost estimate is attached.
1-3
C:\Oocuments and Settings\prietolm\My Oocuments\ColHer Grant Assistance 06-07\AWS Gnnt Assi<,;tanu~ Scope FY06~07 Revised,doc
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Agenda Item No. 1601
March 28, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve the creation of a Trust Fund to distribute available
funding to citizens affected by future natural disasters and to direct staff to establish
the creation of an Individual Care Coordinating Council for managing the
distribution of these funds
OBJECTIVE: To provide a mechanism for receiving funds from local, state, and
federal resources during times of natural disaster to assist with distribution to affected
residents of Collier County.
CONSIDERATIONS: Hurricane Wilma demonstrated a number of unmet needs that
were created in the aftermath of this Category 3 event. Not-for-profit organizations, State
Agencies, and local government all worked together to collaborate and meet the human
service needs of individuals affected. In particular the American Red Cross, United Way,
and Community Foundation effectively provided support to those individuals with local
resources. While coordinating these services was done in a most professional manner,
establishing a mechanism to fairly distribute and provide funds to those in need is
desired.
;,,,,,-,,,,
The Human Services Department has a unique role as a governmental entity to provide
for a system of accountability to local taxpayers. This role allows for a coordinating
function with the variety of aid agencies that provide support to those affected by natural
disasters. Experiences in other states have identified how local government is often
viewed as the entity of direct care for its citizens during these events.
Establishing a Trust Fund and system of distributing funds for individuals affected will
allow for accountability and distribution of needed resources. Working through
Emergency Management National Incident Management System protocols allow for
requesting and receiving needed resources quickly in times of need. This proposal seeks
to establish both a Trust Fund to receive such requests as well as authorizing the creation
of an Individual Care Coordinating Council to receive requests for assistance and
disburse them in times of disaster.
Some examples of items that the Coordinating Council would seek to fund through this
Trust Fund include clean-up supplies, food, prescriptions, medical supplies, mortgage and
rent payments, and utility payments. The Coordinating Council would accept
applications from citizens and evaluate their need on a case-by-case basis.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Plan impact
associated with this item.
FISCAL IMPACT: There is no direct fiscal impact.
-'-
Agenda Item No. 1601
March 28, 2006
Page 2 of 3
RECOMMENDATION: That the Board authorizes the creation of a Trust Fund to
receive funds associated with natural disasters and create Individual Care Coordinating
Council to distribute funds received through this Trust Fund.
Prepared by: Barry Williams, Human Services Department Director
Agenda Item No, 16D1
March 28, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1601
Meeting Date:
Recommendation to approve the creatIon of a Trust Fund to distribute available funding to
citizens affected by future natural disasters and to create an Individual Care Coordinating
Council for managing the distribution of these funds.
3128/20069:00:00 AM
Item Summary:
Approved Br
Barry Williams
Human Services Director
Date
Public Services
Human Services
3/14/2006 10:09 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Servi~es Admin.
3.114/20066:00 PM
Approved By
OMS Coordinator
Administrative Assistant
Oat.
County Manager's Office
Office of Management & Budgot
3/15/2006 8:32 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's. Office
Office of Management 8. Budget
3!15/2006 9:44 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commi~"ioners
County Manager's Office
3/16/20D6 1:29 PM
Agenda Item No. 1602
March 28, 2006
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to accept a grant in the amount of $18,230 and approval of an
agreement between Collier County Board of Commissioners, the South Florida
Water Management District, for the continuation of the Florida Yards &
Neighborhoods program through Collier County University Extension.
OBJECTIVE: Continue to provide homeowners of Collier County with educational
programs to promote conservation measures through Florida Yards & Neighborhoods
program.
CONSIDERATIONS: University Extension will continue to provide homeowner
education to citizens of Collier County. University Extension has a long history of
outreach and experience with educational programming in the community. Working
with single family homeowners, homeowner and condominium associations, University
Extension is already welcome in many settings with educational programs which
promote conservation of our natural resources.
Fiscal Impact: University Extension will receive funds in the amount of $ 18,230 from
the South Florida Water Management District to conduct educational programming until
August 31.2006. These monies will cover employee salary and programming
expenses.
Growth Manaaement Impact: There is no growth management impact associated with
this item.
Recommendation: Accept grant in the amount of $ 18,230 and sign agreement
between Collier County Board of Commissioners, and the South Florida Water
Management District for the purpose of providing educational programming in Collier
County.
Prepared by: Robert D. Halman, Director, University Extension, March 9, 2006d
,.<,.-..""
Item Number.
Item Summary:
Meeting Date:
Agenda Item No. 1602
March 28, 2006
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16D2
Recommendation 10 accept a grant in the amount of $18,230 and approval of an agreement
between Collier County Board of Commissioners, the South Florida Water Management
District, fOf' the continuation of the Florida Yards & Neighborhoods program U,rollgh Collier
County University Extension.
3/26/20069:00:00 AM
Administrative Assistant
Cat.
Prepared By
Saundra Lockwood
Publtc Services
University Extension
319/2006 8:32:01 AM
Kathy Carpenter
Executive Secretary
Cale
Approved By
Public Services
Public Services Admin.
3/912006 9:20 AM
Approved By
Administrative Setvices Administrator
Date
Len Golden Price-
Administrative Services
Administrative Services Admin.
319/200G 4:14 PM
Robert Halman
Dir.ctor
Date
Approved By
Public Services
University Extension Services
3114!200610:50 AM
Mar(a Ram15ey
Public Services Administrator
Date
Approved By
Public Services
Public Services Admin.
3114120065:58 PM
Robert N. Zachary
Assistant County Attorney
Date
Approved By
County Attorney
County Attorney Office
3/1 5J2006 10: 12 AM
Approved By
Administrative Assistant
Date
OMS Coordinator
County Manager's Office
Office of Management & Budget
3115/200612:16 PM
Michael Smykowski
Management & Budget Director
Date:
Approved By
County Manager's Office
Office of Management & Budget
3/17/200612:52 PM
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3J17/2006 6:27 PM
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03/13/2826 14: 69 2395914981.
rM-ot3-"2lfi" 14:" 1 ~..~
BIG. ClfPRESSBA51N
Agenda Item~16Pf2
MarchpZ~2006
Page 6 of 8.
ATTACBME.l'iT ..e"
fYN 2Q06PRoaRA.l\tfBUDGtrr
s.'TA~1' (l)
51',130
TRAVEL ~
T01~AL. COMMITMENT; SI&:lJO
Pun:::ha:$ I' Order No. 1"601293, Attactrmant (IC'~, FYNi20DiPrOgramesudget - Page 1 of 1
,-
et~[~l~~~;~ 239597~~ BIGCV?REss'BAS~N
ATTACHMENT UA"
Statement of Work.
Agenda Item RWi..6ce5
March f3~006
Page 7 of 8
ContraCt Number
PJ'Qjeot Ttt'.~ P'JoridaVards and Neighborhoods
A. .antrQ JuGtlortlsackground ...... .
The PIOrida.' 'lVd$and Nelghbol'11oods (f='~) .program wa$ created.iI' .199~ pnmanlyasan
~dLtC$tfOM1' utreachprogI'8mth8t~owers$t8k.MI~toproteo1 andcon$erve r:yorJda
natural rte&ol. roe6'through thehatlcm of attraotfve'6U1vi~cr1rnehlilUy friendlyJ*1"..dseJpe$, "J'he.
University of F1:orida provlrJ8I> researotl-beMdJnformation.wrremand dewIQplng.~l1dthe
foundation fj r the principles of theFYN program. The FYN program emphatitiesnJrlfJ prlnclples
for erwiron IT 3ntllly 1r1enaly "ndlio-lplngln Florlda,
The Unlverl! lyofFtorida Extension Service ftasbeeome tn& lead agen~ lnpromotlngl~ FYN
program. a her particiPat'ngagene1es .lnalUde .the. USgmllronm.~1 'Protection~8QQy (SPA),
the Fb'lda t oepartment ofanvlrOnrnttntll Ptdtecfion{DEP}, water m8nl~ementdistrlets'1 and
o oilier COUr rJ, rhllOollier CounlyFYN progrilm """" runded by DEPunder a thre.ye~1'9tan[
endlngApl'i 30,2005, .
B. Obj1 ctives
TheObjeQti 'laSe of the program E4f9tot:YgetspedAc groupaof homeowners.. landtari~
profeSSION B, buiTdefSanddevefoPl(arand.g~ncieslotelilch thltm the nlneprindPaJs.Of the
FYN ?rogtl Tl. The!le InclUde: .1)rlghtp.nltrigt1t pface. 2)watering eff'lOfenfJy 3)mlJlc~ln94)
recyc~ng Yf 'd wasteS) tartifjzjngapproprlart$lyB) contrOlling y~~d pests t'$&PDnsibl)t 7) reducing
at.orrnwawt 'unoff8) ilttnloting wUdlife 9) prOfectJngtnewaterfrcnt. lasuesconcemlnQ water
qu.Uty. waf If SU~PIYI soU degradation, poIkJlion.loS9of wllclllfadive,1'$i!Y1 and over"utiitatlon I}f
non..renewt cl.l'e'l)ouTCfea are alsoaddressld in theFYN program.
C. See :loot Work
The duties ,r the Extension. Educator Ino/uae worldhQ with homeownen> and homeC)Wn'ts
ll6Gociaticr- I, advising them as toJ=Ioridafriend/y landscapeprtlOUces. :pr~eenlingeduca1ioNll
progremJJ' 'comrnJ,lnity and lUJlghborhoodgll'JUp$, wrltlng MWI.rtld"l' wrtifyirlgJandscapel
..t!'llt mu.t f 'fN crlteria, snd building f:'Qltnerships w[[h othar agencfesand otgatlizatlOl'ls.
including b ,<<deft and dew:lopers.
Altbough Ir lisl educational efforts have beerl dErected toward. Fklrlda h(Jm~.new FYN
programmllg hubeen developedtd Inc/IJdebuHd$(s andde\fetopers, landscape prC1fe!i&jonDf~.,
~rn:l gardet center plnonl1liJi. These grollpswl~ be tBl"geted specifically and becOme an
important ( ~mponent of fheFYN program.
o. W(' 'k 8reakdownStr:uctur& .
me FYN f -ogram wbl be atdminiittSir'ed through the Unlw:rstty Of Florida Exteneion $.t'Vi~e in
CO/lier Cot. nty Bndinch,ldes onefull-Utru~ employee. A completebuqgetbrealcdown is attached.
1. .aC 1/SFWMO will provfde partial ~al9ry and tr'avel ~~es 0' .fi16;230foraplQgram
asrstl911t. . .
2- Co I.r COunty and fneU~ly ofFIQrlda will provide $16".730 for: camplJtet,s,peoieJia\.
ani techn[c;ellsuppon;office $upplles~ printing; pastes<< ~hlbltmatertats;an office;
!Ie. retarlaJ IiWpport; vOlunteer&: computertlEl~rkrng;;af'ld, Dlherovethe4lldsupport
PUleh se Ol'd!'l' WI). PfQ12t3~ Afl:ktl'Mahl ~A't, st8terHnt o( Wotk _ Pas- ~ of t
03/13/2026 14:,59
MAR'-~2I2ll2Ie 14;"~
2395974981
'SR.ttD',~'
EIG CVPR~ BASIN
Agenda Item~ 6~!
March~~006
Page 8 of 8
SXBl<"'1)4lt
SUMMARY SeJlEDl)LE OF TASKS Al'fD DELIVDA8LES
.. A, _.Ut m&tyc.ieJi'il$~".~41e 'tor "CI1 t..)..~ct;.fsted:JWllhU'll~ .ptOie.<:t l$tIltfQ"h~~W.1'be
~.e' ..11 batQiJ Ml8l1.amendlfitm ,to '*"ttlbt~;~~year; , ' . "
.. AI dtifem\lI~$dbmlllecth.~fJt:aresu~Qt'\D ~lrw,by'~,*ldllt,.'heAgenc;y;~nsbylJgteeslo
prc1lll' ~ .lbe ',0l~.l1iet ';ll,doBwulbl'-' dllaand,l(1fO'MaliondMb~dU\n,. &lllll8lftent QfW<iI~it1 '1>cJth
wnltel ,nd -Mecl'tonlo iotIr~~lgUl1'maf.
. Ol,C lilieS for all dollvtnb!eslll[e '~. bmt!lw.. Uliee:s QlhllWllsnoted.9uilClti1tldl wi! revi,W n
laMS l,wIIhll'\ 1'l1tcen(1!-) mtl<lrig tWysof :reoeT.llt.reco",m~d tfNlIJol'lG (j=tlerfa'mat)~.Dll fe.pOI1
for I", xporlltio\'i by the Aglncy:vuc:J'IM flnM SObmls.ti,>l'I.
. F'ayr. anf shllU 1$ mid. fcUQWlnt rectitpt.nJ! ~p~ bf Ill.. ,~~ . of PlOjBd _ilveral,\T1fS i1
accot lance Wilt! ~$dctI.~ul.&OI, ,foltll.1JfAow. Tatalpaymenl by tht ~\,'tItl.tfot .81 WOtltf:lillnPl'-
hft1ll1: ."lIn not C>>ICell<l1he ernoun\crl1'~I:Ml~.
"; , ,DlIVIr.abl8s .
.+ , I..', . . .11 j~
,Ou.
. DIlf rOdlte
:~t.~ ..
ms:
~_':';='J m:,:
...._ """J!;' ... .~
Is!!; . -
41~
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S!lI.IU
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tJ&1!O
p",r~h 'I" Order No. P601~.Ex"lblt"P4",$UI'I~m8ry$che(lule of 'rllSll.sand oenVo.rabte$
-page1 of 1
"1'm"AI ~ . ~
Agenda Item No. 16D3
March 28, 2006
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners Authorize the Submittal
of a Grant Application to United Way for Funding in the Amount of $24,000 to
Support a 4H Customer Service Position in the University Extension Services
Department
OBJECTIVE: The continuation of the annual grant from United Way through the 4H
Foundation to fund a 4H Customer Service position in the University Extension Services
Department.
CONSIDERATIONS: Beginning in Fiscal Year 2001 and for each subsequent year, the
United Way has provided grant funding for the 4H Program within the University
Extension Services Department. To date, this organization has provided a total of
$98,000 in support of the 4H Program.
,.",-,
In accordance with the approved Grant Coordination Procedure, staff is requesting
authorization to pursue grant funding from United Way in the amount of $24,000 for
Fiscal Year 06/07 to support a half-time 4H Customer Service position. This position
will coordinate efforts with agencies such as Parks & Recreation, the Library, and the
public to provide youth services programs.
FISCAL IMPACT: Funding of this grant will generate $24,000 in revenues with
offsetting expenditures. No County match is required.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this request.
RECOMMENDATION: That the Board ofCoW1ty Commissioners authorize staff to
submit an application for the $24,000 United Way grant which will support a half-time
4H Customer Service position in the University Extension Services Department, and that
the Board authorize any budget amendments associated with the recognition of revenue
and expenditures of these grant funds.
PREP ARED BY: Saundra Lockwood, Administrative Assistant
",.-.
Agenda 11em No. 1603
March 28, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D3
Recommendation that the Board 0'1 County Commissioners AuU)orize the Public Services
Administrator to Sign tt18 Annual Application 'for Funding from the United Way Thru the 4H
Foundation
Meeting Date:
3128/20069:00:00 AM
Approved By
Kathy Carpenter
Executive Secrewry
Date
Public Services
Public Services Admin.
3/13120062:07 PM
Approved By
Robert Halmlln
Director
Date
Public Services
University Extension Services
3114/200610:52 AM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
3J16/20061:35 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Pubilc Services Admin,
3'16120065:07 PM
Apprond By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office or Management & Budget
3/17/200610:03 AM
Approved By
Michael Smykowski
Mllnagement & Blldget Dir0ctor
Date
County Manager's Office
Office of Management & Budget
31171200512:50 PM
Approved By
James V. Mudd
Board of County
Commissioners.
County Manager
Date
County Manager's Office
3/17/2006 6:34 PM
Agenda Item No. 16D4
March 28, 2006
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to award Bid #06-3936 for food for the summer meal
program for Parks and Recreation to Cheney Brothers, Inc. at an estimated
cost of $150,000
Obiective: To provide free nutritious meals during the summer to Collier County
children living in disadvantaged neighborhoods.
Considerations: The Summer Food Service Program is a grant funded by the United
States Department of Agriculture Food and Nutrition Service and administered by the
Florida Department of Education. The purpose of the program is to ensure that children
can receive the same high quality meals during the summer as provided by the schools
during the school year. The grant reimburses agencies that serve free meals to children
eighteen years and under in neighborhoods that qualify. Neighborhood eligibility is
determined by census income data or by the percentage of children who receive free and
reduced meal service during the school year. All of Immokalee and Everglades City and
many neighborhoods in the Naples area are eligible.
.~-,
Staff has successfully administered the Summer Food Service Program for the past
twenty-four years in conjunction with the summer camp program. In 2005 the grant
provided 98,329 breakfasts and 129,421 lunches for a total reimbursement of $444,415.
This summer the program will provide an estimated 130,000 breakfasts and 175,000
lunches. The County will be reimbursed based on the number of meals served and the
costs of administering the program.
Invitations to bid on Bid #06-3936 were sent to 4 vendors. Three firms requested bid
packages, and one response was received, from Cheney Brothers, Inc. Staff has reviewed
the quote received and recommends award of bid to Cheney Brothers, Inc. as the lowest,
qualified responsive bidder.
Food is procured for the Swnmer Food Program from three vendors: direct purchase from
McDonald's for specialty breakfast sandwiches; direct purchase under the bid being
awarded; and through a continuing agreement with the School District. The ability to
purchase either directly or through the School District lends the flexibility necessary to
procure large quantities of foodstuffs in a timely manner.
Fiscal Impact: The program is budgeted under the FY 06 Food Grant Fund in the
amount of$588,400. The State will reimburse the County for 100% of expenses.
Growth Management Impact: No growth management impact is associated with this
action.
,.........,
Agenda Item No. 1604
March 28, 2006
Page 2 of 6
Recommendation: That the Board of County Commissioners awards Bid #06-3936 for
food for the summer meal program for Parks and Recreation to Cheney Brothers, Inc. at
an estimated cost of $150,000.
Prepared by: Amanda Oswald Townsend, Operations Analyst, Parks and Recreation
".-"
Agenda Item No. 1604
March 28, 2006
Page 3 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number.
1604
Item Summary:
Recornmendalion 10 award Bid #06-3936 for food for the summer meal program for Parks
and RecreatIon to Cheney Brothers, lne at an estimated cost of $150,000
MeeUng Date:
3/28/20069:00:00 AM
Approved By
Kathy Carpenter
Executlvfl Secretary
Date
Public Services
Public Services Admin,
3/14120064:26 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin_
311412006 6:03 PM
Approved By
Mike Hauer
Acquisition Manager
Date
Administrative Services
Purchasing
3116120063:58 PM
Approved By
Steve Carnell
PurchasingfGenural S....cs Director
Date
Administrative Services
Purchasing
3/16f2006 5:20 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
3/17/200610:04 AM
Approved By
Michael Smy~owski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
3!17J200611:07 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager'f. Office
3/17/20066:45 PM
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Agenda Item No. 1605
March 28, 2006
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment appropriating $35,000
from reserves to fund the initial environmental site assessment and
remedial action in response to the fuel spill at Caxambas Park
Obiective: To comply with State regulations for protection of the environment III
response to potentially adverse incidents.
Considerations: On September, 21 2006 the fuel tank at Caxambas Park failed. DEP
requires an "Initial Remedial Action and Site Assessment" be performed to determine the
long term remediation that may be required for the site.
Fiscal Impact: Staff has prepared a budget amendment appropriating $35,000 from
boating capital reserves (Fund 306) to fund the initial environmental site assessment and
remedial action in response to the fuel spill at Caxambas Park (Project #80044).
Growth Manaaement Impact: No growth management impact is associated with this
action.
.............
Recommendation: That the Board of County Commissioners approves a budget
amendment appropriating $35,000 from reserves to fund the initial environmental site
assessment and remedial action in response to the fuel spill at Caxambas Park.
Prepared by: Amanda O. Townsend, Operations Analyst, Parks and Recreation
Department
,-
Agenda Item No. 16D5
March 28. 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1605
Meeting Date:
Recommendation to approve a budget amendment appropriating 535.000 from reserves to
fund the initial environmental site assessment and remedial action in response to the fuel
spill at Caxambas Park,
3/28/20069:00:00 AM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
3/16120064:48 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public. Services
Public Services Admin,
3,116/2006 5:28 PM
Approved By
OM8 Coordinator
Administrative Assistal1t
Dat&
County Manager's Office
Office of Management & Budget
3117/2006 10:07 AM
Approved By
Mi{;h..'lel Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
3/171200611:21 AM
Approved By
James V. Mudd
Board of County
Commls.sioners
County Manager
Date
County ManAger's Office
3/17/20Q6 4:06 PM
Agenda Item No. 1606
March 28, 2006
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment appropriating $200,000
from reserves to fund the installation of a new fuel system at Caxambas
Park
Objective: To sell fuel to the patrons of Caxambas Park.
Considerations: On September 21, 2005 the fuel tank at Caxam bas Park failed. Collier
County Government obtained the services of Oil Spill Response an emergency response
contractor to oversee the immediate removal of the tank system. The boaters currently
have no place to refuel on the south end of Marco Island and the general public is anxious
to have fuel available. Mactec Engineering is overseeing the installation of the new fuel
system.
Fiscal Impact: Staff has prepared a budget amendment appropriating $200,000 from
boating capital reserves (Fund 306) to fund the installation of the new fuel system at
Caxambas Park (Project #80043).
Growth Manaaement Impact: No growth management impact is associated with this
action.
" ,...,...~,
Recommendation: That the Board of County Commissioners approves a budget
amendment appropriating $200,000 from reserves to fund the installation of a new fuel
system at Caxambas Park and approve an increase of work order limitations of contract
03-3427 with Mactec Engineering from $90,000 to $200,000.
Prepared by: Amanda O. Townsend, Operations Analyst, Parks and Recreation
Department
,~,'''''''''
Agenda Item No. 16D6
March 28, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D6
Meeting Date:
Recommendation to approve a budget amendment appropriating 5200.000 from reserves to
fund the installation 01 a new fuel system at Caxambas Park
3128120069:00.00 AM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
3116120064:50 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
3/16120065:27 PM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
3/171200610:10 AM
Approved By
Michael Smykowskl
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
3117/20063:53 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County MAnager'a Office
3/11/20064:22 PM
EXECUTIVE SUMMARY
Agenda Item No. 16E1
March 28, 2006
Page 1 of 3
Recommendation to award contract #06-3914, "Construction Management at Risk Services
for the Collier County Fleet Facilities", to Wright Construction Corp., projects 52009 and
35010, in the amount of $44,070 for pre-construction services, and to approve a
professional services work order with CH2MHilI for construction inspection and oversight
in the amount of $293,380.
OBJECTIVE: To award contract #06-3914, "Construction Management at Risk Services for the
Collier County Fleet Facilities", to Wright Construction Corp. in the amount of $44,070 for pre-
construction services, and to approve a professional services work order with CH2MHill for
construction inspection and oversight in the amount of $293,380.
CONSIDERATION: A contract with Disney & Associates (Disney) to design a new Board of
County Commissioners Fleet Facility and a new Sheriff's Fleet Facility on the same site at
County Barn, project 52009, was approved by the Board on February 25, 2003, agenda item
16.E.2.
Staff has been investigating possible sites for the Collier Area Transit (CAT) and Transportation
Disadvantaged (TO) Operations Facility. The Fleet Management Department provides
maintenance services for these vehicles and both fuel and a wash rack are important aspects of
the operations. Given the lack of available property in the vicinity of either the CAT transfer site
(currently the Lorenzo Walker Institute) or County Barn, properties adjacent to County Barn
,.- have been investigated for purchase. The Real Estate Services Section of the Facilities
Management Department has initiated discussions with the owners of the adjacent properties to
the north and south of County Barn in an attempt to purchase these parcels. The Son Rise
Church on the north side has indicated a willingness to sell and appraisals were ordered and
received in the amounts of $1,125,000 and $1,300,000 - negotiations are ongoing. The
property owner to the south has not responded to repeated contact attempts and it is anticipated
that condemnation may be required.
The Fleet Facilities project was originally planned for three major construction phases. The first
phase includes replacing the communication tower with guide wires to a monopole tower and
this phase is expected to be complete by the end of April 2006. The second phase includes
constructing the County Fleet Facility and associated parking. The third phase includes
demolishing the existing Fleet Facility and constructing a Sheriff's Fleet Facility on the western
end of the property closest to County Barn Road.
With the addition of the CATITD function, the phasing becomes much more complicated as their
offices are currently located in the existing Fleet Facility.
The total approved Fleet Facility project budget is $10,170,000 and the current design contract
amount is $748,725.
A Request for Proposals (RFP) was issued on October 19, 2005, nine vendors requested full
packages and three proposals were received on November 18, 2005. The Selection Committee
met on January 19, 2006 and recommended the following shortlist:
.~.-.
Wright Construction Corp.
The proposed Construction Management at Risk contract consists of three Phases: 1)
construction of the new BCC Fleet Facility, 2) demolition of the existing BCC Fleet Facility and
construction of the Sheriff's Fleet Facility, and 3) construction of the CATITD Facility. Upon
Agenda Item No. 16E1
March 28, 2006
award of the initial $44,070 contract, efforts will begin to obtain a Guaranteed Maximum~geE2 of 3
(GMP) for the first phase of construction. The second phase may be impacted by the design of
the third phase and therefore those phases will be priced separately. Additionally, phases 2 and
3 may be done either concurrently or reverse order depending on permitting and temporary
CATITO office plans.
CH2MHill has provided a professional services proposal under contract #01-3291, "Construction
Engineering and Inspection Services" to inspect and monitor the construction contemplated
under the Construction Management at Risk contract. Each phase is expected to take nine to
twelve months. It may be possible to construct the CA TIT 0 Facility concurrently and therefore
the project duration could be two to three years. The proposal is based on a time and materials
estimate and could therefore be higher or lower depending on the construction.
FISCAL IMPACT: The funds for this contract and professional services work order are available
from the budgets of the projects (35010 and 52009) and the source of funds is a combination of
General Government Building Impact Fees, General Funds, Road Impact Fees and Gas Taxes.
Function Budget Encumbered Estimate to Complete
BCC Fleet Facility and Tower $5,758,262 $1,214,611 $6,830,217
Sheriff Fleet Facility $4,411,738 $930,584 $5,270,439
SUBTOTAL Project 52009 $10,170,000 $2,145,195 $12,100,656
CATITO Facility (35010) $6,137,759 $130,981 $5,000,000
TOTAL $16,307,759 $2,256,176 $17,100,656
Based on the currently available information, there may be a shortfall of approximately $4M.
With the construction phasing, this shortfall would need to be addressed as part of the fiscal
year 2007 budget.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management plan.
RECOMMENDATION: That the Board of County Commissioners 1) approve the award of a
Construction Management at Risk contract to Wright Construction Corp. in the amount of
$44,070 for pre-construction services, 2) approve a time and materials professional services
work order with CH2MHill in the amount of $293,380, and 3) approve the necessary budget
amendments.
Prepared by: Ron Hovell, P.E., Principal Project Manager, Facilities Management Department
Item Number.
Item Summary:
Meeting Date:
Agenda Item No. 16E1
Maret1 28, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSION.RS
16E,
Recommendation to award contract #06-3914, Construction Management at Risk Services
for the Collier County Fleet Facilities. 10 Wright Con~lruction Corp., projects 52009 and
35010. in the amount of $44,070 for pre-construction services, and 10 approve a professional
services work order wilt' CH2MHlII for construction inspection and oversight in the amount of
S293.380.
3/28/20069:00'00 AM
Principal Project Manager
Date
Prepared By
Ron Hovel!
Administrative Services
Facilities Management
3/6/20064:24:37 PM
Linda Best
Contracts Agent
Date
Approved By
Administrative Services
Purchasing
3/7/20067:51 AM
Dan Croft
Fleet Managem~nt Director
Date
Approved By
Administrative Services
Fleet Management
31B(20Q6 1 :01 PM
Diane B. Ar:agg
Director A TM Director
Date
Approved By
Transportation Services
Alternative Transportation Modes.
3/8/200& 4:26 PM
Kelsey Ward
Sftoior Purchasing and Contracts Agent
Date
Approved By
Administrative Services
Purchasing
3/1312006 2:01 PM
Skip Camp. C.F .M.
Facilities Management Director
Date
Approved By
Administrative Servicas
Facilities. Management
3113/2006 2:33 PM
Len Golden Price
Administrative Services Administrator
Dat&
Approved By
Administrati....e Services
Administrative Services Admin.
3/16/200611:55 AM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
3/16/20061:33 PM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office ot M.magement & Budget
3/1612006 3:50 PM
Approved By
County Manager
Date
James V. Mudd
Board of County
Commis.sloners
County ManagHr's Office
3/1712006 4:49 PM
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16E2
March 28, 2006
Page 1 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E2
Recommendation to award Bid No. 06.3890 for the purchase oi irrigation parts to Boynton
Pump and Irrigation Supply, Inc. and Florida Irrigation Supply
31281200e 9:00:00 AM
Administrative Assistant
Dattt
Prepared By
Pat Pochopin
Administrative Services
Facilities Managgment
31141200611 :19:45 AM
Date
Approved By
Skip Camp, C.F.M.
Administrative Services
Facilities Management Director
FacJlities Management
3115120062:59 PM
Damon Gonzales
Interim Facilities. Manager
Date
Approved By
Administrative Service5
Facilities Management
31161200610:21 AM
Appro,,'ed By
Len Golden Price
Administrative Service!>
Administrative Servicev Administrator
Date
Administrative ServIces Admin.
31161200612:15 PM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
3117/20068:09 AM
Date
Approved By
Michael Srnykowski
County Manager's Office
Management & Budget Director
Off'ice of Managf'n'lent & Budget
3J1712006 11 :23 AM
O&puty County Manager
Date
Approved By
Leo E. Dche:, Jr.
Board of County
Commissioners
County ManagurG OffIce
312012006 9:06 AM
.....-
-
Agenda Item No. 16E2
March 28, 2006
Page 2 of 4
Executive Summary
Recommendation to award Bid #No. 06-3890 for the purchase of irrigation parts to
Boynton Pump & Irrigation Supply, Inc. and Florida Irrigation Supply.
OBJECTIVE: To award a Contract to Boynton Irrigation & Supply, Inc. and Florida Irrigation
Supply, for the purchase of irrigation parts.
CONSIDERATIONS: The Department of Facilities Management is responsible for the
maintenance, repair and replacement of irrigation systems on County-owned properties.
On November 9, 2005. the Purchasing Oepartment solicited bids for the purchase of irrigation
parts and related items. Selection was made based on a pricing formula, taking into account
cost and types of items available. Two qualified bidders responded and are recommended as
per the published award formula in the bid document (see the attached tabulation sheet).
Staff is recommending award to Boynton Pump & Irrigation Supply, Inc. and Florida Irrigation
Supply for the purchase of irrigation parts and related items. This award best suits the building
maintenance section for services required, ensuring appropriate resources and response times
to maintain County grounds, as well as maintaining competitive pricing for those services.
FISCAL IMPACT: Facilities Management purchases approximately $40,000 annually in
irrigation parts and related items. Funds are budgeted in Facilities Management cost centers.
GROWTH MANAGEMENT: There is no impact on the County's Growth Management Plan.
RECOMMENDATION: That the Board of Collier County Commissioners award Bid #No. 06-
3890 to Boynton Pump & Irrigation Supply, Inc. and Florida Irrigation Supply for the purchase of
irrigation parts and related items, as addressed within this summary.
PREPARED BY: Damon Gonzales, Facilities Manager, Department of Facilities Management
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Agenda Item No. 16E3
March 28, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve a plan to provide temporary residential housing for
new County hires and/or interns.
OBJECTIVE: To attain Board approval to provide temporary housing for new County hires
and/or interns.
~,,,,.,,.,
CONSIDERATIONS: The County has within their real property inventory, houses that were
secured for expansion of the Bay View Park area, but that will not be torn down in the
immediate future. These single family residences are suitable for short-term residential
occupancy and could be assigned to an employee or intern on a short-term basis. This very
limited benefit could help in both recruitment efforts and in providing the County with another
option as it relates to the ability to secure and retain employees. The duration of the stay would
be limited to not more than ninety (90) days or (120) days with approval from the County
Manager. An employee will be responsible for a flat charge of $20.00 per day; $13.00 per day
for interns who do not share the residence with anyone else and $10.00 per day per intern when
two or more interns share a house. These fees will include water service, electric, basic cable
and furniture. Each occupant will sign an agreement that will include holding the County
harmless for damages that may occur as a result of the occupants' use of the premises.
Additionally, the agreement will include a provision that provides that injury to the occupant as a
result of the occupant's use of the residential property shall not qualify as a covered Worker's
Compensation expense under Florida Statutes Chapter 440.
The Department of Facilities Management will manage the property including building and
grounds maintenance, janitorial (between occupants), pest control and related upkeep along with
the scheduling of the occupants. The revenue will be directed to the Parks and Recreation
Department. Cost for furniture would be provided out of existing 301 project budgets.
This Plan will extend to other residential units, if any, that come into the County's inventory from
time to time. Staff is requesting approval from the Board. The rules supporting this plan will be
established and maintained within the County Manager's Administrative Policies (CMA).
FISCAL IMPACT: The maximum revenue this project is expected to generate is approximately
$7300 per year, per house, based on 100% occupancy. (These residences currently sit empty).
GROWTH MANAGEMENT IMPACT: There is no impact on the County's Growth Management
Plan.
RECOMMENDATION: That the Board of County Commissioners approves the temporary
housing plan as described within this summary, including declaring the plan as having a proper
public purpose.
PREPARED BY:
Skip Camp, CFM, Director, The Department of Facilities
i"....-..
Agenda Item No. 16E3
March 28, 2006
Page 20f4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16E3
Recommendation to apprO\le a plan to provide temporary residential housing tor new County
hires and/or Interns
Meeting Date:
312812006 9:00:00 AM
Prepared By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
3/15(20064:13:30 PM
Approved By
Skip Camp, C.F.M.
Faclllties Management Dlr~ctor
Dale
Administrative Services
Facilities Management
3/16120069:56 AM
Approved By
len Golden Price
AdminiztratlvB Servlce$ Administrator
Date
Administrative Services
Administrative Services Admin.
311612006 4:24 PM
Approved By
OMS Coordinator
AdrT1inistrativ~ Assistant
D~ltll'
County Manager's Office
Office of Management & Budget
3117120068:15 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
3117/200610:38 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manag~r's Office
3117120066:32 PM
Agenda Item No. 16E3
March 28, 2006
Page 3 of 4
OFFICE OF THE COUNTY MANAGER
ADMINISTRA TIVE POLICY AND PROCEDURES
CMA# TBE
SUBJECT: Temporary Residential Employee/ Intern Housing Policy
Effective Date March 28.2006
A. PURPOSE: The purpose of this Instruction is make use of unoccupied homes owned
by the County from time to time by providing temporal)'r~sidential housing to new employees,
existing employees under extenuating circumstances. and interns. This limited benefit is
provided in order to help in both recruitment efforts and to provide the County with another
option as it relates to the ability to secure and retain employees.
B. CONCEPT: It is the policy and desire of Collier County to provide temporary residential
housing to new employees, existing employees under extenuating circumstances, and interns.
]. Temporary residential housing may be provided to new employees, existing
employees under extenuating circumstances, and interns when available.
2. The term of us~ shall be limited to ninety (90) days or ] 20 days with case-by-case
written approval by the County Manager.
3. The County Manager may approve temporary residential housing for existing
employees when there are clearly extenuating circumstances (example:
employee's home is destroyed by fire, hurricane, etc.)
4. Employees orinterns may be responsible for any property damage unless caused
by circumstances beyond the control of the user/occupant, and must keep the
housing unit clean and orderly at all times. County staff or contractors under
contract with the County, at the County's request, may enter the residential unit at
anytime for the purposes of inspection, maintenance, and / or repair.
5 The Department of Facilities Management shall manage the units, including but
not limited to: scheduling the occupants, maintenance and repair, pest control,
cable, water service, electric service, burglar alarm system, lawn service and
janitorial service between occupancy. Additionally, the Department will furnish
each unit with appropriate furniture.
6 Each occupant will enter into a Use Agreement with the County that will include,
but not limited to:
A Term of the Use Agreement
B Costs
Agenda Item No. 16E3
March 28, 2006
Page 4 of 4
CMA
Temporary Residential Housing
Page Two
C
That the County shall not be responsible for damage to any
tangible property of the occupant.
E
Indemnity and hold harmless provision wherein the occupant shall
hold harmless and indemnity the County for damages that may
occur as a result of the occupanfs use of the premises including
damages to the occupant' s i?~r,son or property,
That any injury to the occupant as a result oft1:teoccupant's use of
the property shall n()tqualify as a covered Worker'sCompensation
expense under Chapter 440, Florida Statutes. Use of the,premises
shall be strictly limited to residential use, which prohibits any
business use.
o
7 The occupant is responsibleto< pay to the County. a flat charge of twenty dollars
per day which includes usagerJee, water serviCe, electriy service, lawn service,
basic cable and furnishings. Multiplejnterns may be aSsigned to one residential
unit (up to one person per room). When two or more interns are assigned to a
unit, eachs'uch intern will pay theCounty ten dollars per day. When only one
interrLoccupies the, unit, the flat charge shall be thirteen dollars per day. The use
fee shall be paid one month in advance (with the exception of interns who will
pay at the' end of each month) payable to the Board of County Commissioners.
The revenues will be". directed to the Parks and Recreation Department. The
County Manager will review and adjust the charges every two years as necessary.
8 The County Manager has the authority to amend this policy as he deems
necessary.
C. . CURRENCY OF THIS POLICY. The Department of Facilities Management is
responsibleJor maintaining the currency of this Instruction.
D. AUTHORIZATION. Authority for this Policy and Procedures was delegated by
the Board of County Commissioners on March 28, 2006, BCC Agenda Item
2
Agenda Item No. 16E4
March 28, 2006
Page 1 of 8
EXECUTIVE SUMMARY
Authorize the release of Work Order #PBS-02-52, in the amount of
$178,450.00, issued to Wall Systems Inc. of South West Florida, doing
business as Professional Building Systems (PBS). This work order is for
remodeling the Risk Management clinic and office areas in Building "0" and
is issued under Annual General Contractor Contract RFP # 02-3349.
OBJECTIVE: That the Board of County Commissioners authorizes the release of
Work Order #PBS-02-52, in the amount of $178,450.00, issued to Wall Systems
Inc. of South West Florida, doing business as Professional Building Systems
(PBS) for remodeling the Risk Management clinic and office areas in Building "0".
CONSIDERATIONS: On November 15, 2005, agenda item 16(E) (6), The Board
approved, 5/0, the award of RFP #05-3748R for "Onsite Primary Care Health
Services" to Vocatus Medical Management Services of Naples, Florida. The
purpose of the RFP was to provide onsite health care services to County
employees enrolled under the Collier County Group Insurance Plan. Part of the
Executive Summary included remodeling the existing Risk Management clinic and
office areas to accommodate this new employee health care benefit.
On February 14, 2006, the Purchasing Department sent out a Request for
Quotation to the four general contractors listed under the annual general
contractor contact. A non-mandatory pre-bid meeting was held on February 22,
2006 and two contractors responded to the Request for Quotation by the 2:30 pm
March 8, 2006 deadline with the following results:
ITEM VARIAN CONSTRUCTION PBS
Base Bid 180,650.00 172,500.00
Alternate 6,250.00 5,950.00
TOTAL: $186,900.00 $178,450.00
As required by Purchasing policy, all annual general contractor work orders over
$50,000.00 need Board approval and County Attorney review and approval before
being released to the contractor.
FISCAL IMPACT: The total cost of this project is $178,450.00. Funds are
available in Fund 517, Fund Center 121640, WBS Element 762200.
GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County
Growth Management Plan.
"",,--,
Agenda Item No. 16E4
March 28, 2006
Page 2 of 8
RECOMMENDATIONS: That the Board of County Commissioners authorize the
release of Work Order #PBS-02-52 to Wall Systems Inc. of South West Florida,
doing business as Professional Building Systems (PBS) after review and approval
by the County Attorney's Office.
PREPARED BY: Bob Pierce, Facilities Management Department
,~-.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16E4
March 28, 2006
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E4
Authorize the release of Work Order #PBS-02-52, in the amount of $178,450,00 issued to
Wall Systems lnc Df South West Florida, doing business as Professional Building Systems
(PBS). This work order is for remodeling the Risk Management clinic and office areas in
Building 0 and is issued under Annual General Contractor Contract RFP # 02-3349
3128120069:00:001\M
Project Manager
Date
Prepared By
Bob Pierce
AdministratIve Services
Facilities Management
3116120068:54:31 AM
Risk Management Director
Oafe
Approved B)'
Jeffrey A. Walker, CPCU,
ARM
Administrative $ervk;es
Risk Management
3/16120068:57 AM
Pat Pochopin
Administrative Assistant
Date
Approved By
Administrative Services
Facilitios Managame-nt
3116/20069:06 AM
Approved B)'
Skip Camp, C,F .M,
Facilities M21nag~mellt Director
Date
Administrative Services
Facilities M6nagement
3/16/20069:55 AM
Damon Gonzales
Interim Facilities Manager
Date-
Approved By
Administrative Services
Facilities Management
31161200610:23 AM
Approved By
Contracts Agent
Da"
Li nda Best
Administrative Services
Purchasing
3116/20062:12 PM
Steve Carnell
Purchasing/General Svcs Director
DAte
Approved By
Administrative Services
Purchasing
3/16(2006 :1:50 PM
Len Golden Price
Administrative Servlce~ Administrator
Date
Approved By
Adminisrrativ(i Services
Administrative Services Admin,
,116120064:28 PM
Approved B~'
OMS Coordinator
County Manager's Office
Adminlstratlva Assistant
Date
Office of Management & Budget
3/11120068:16 AM
Michael Srnykowski
Management & Budget Director
Date
Approved By
County Manager's. Office
Office of ManagC]frumt & Budget
311712006 4:03 PM
Appro,'cd B~'
James V. Mudd
Board of County
Commissioners
County Manager
Date
County ManOlger's Office
3/17/20066:23 PM
RFQ under 02-3349 - Clinic Rr 'Ivations for Risk Management
Agenda Item No. 16E4
March 28, 2006
Page 4 of 8
COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION
PROPOSAL PAGE
DUE DATE: March 1. 2006 @ 2:30 p.m.
The undersigned, having carefully examined the Contract Documents entitled Collier County ADA
Clinic Renovations for Risk Management, Naples, Florida, issued by Victor J. Latavish AlA Architect
dated 12-30-05 and having visited the site and examined the conditions affecting the Work, hereby
proposes and agrees to furnish all labor, materials, equipment, & accessories, and to perform
operations necessary to complete the Work as required by said proposed Contract Documents, for
the stipulated sums of:
Base Bid, the Lump Sum (in words): One Hundred Seventy Two Thousand Five
Hundred and No Dollars. $ 172,500.00
Total Base Bid
TIME
Contractor proposes to complete the Work within the following number of calendar days from noticE.
to proceed or receipt of building permits, whichever occurs later:
Total Construction Time:
110
~
Calendar days
The undersigned understands and agrees to comply with and be bound by Contract Documents
issued for this Work.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 8th
March . 2006 in the County of Collier 1 in the state of Florida
day of
Wall Systems Inc of SW FL dba Professional Building Systems
Firm's Complete Legal Name
Phone No. 239/643-6527
FAX No. 239/643~4293
Email: idecker@pbs.contractors.com
4395 Corporate Sqaure
Address
41 4
tate,
BY:
Signature
Project Manager
Title
.Tim Df'~ker
Name Typed/Printed
3/8/06
Date
4
RFQ under 02-3349 - Clinic R" 'wations for Risk Management
Agenda Item No. 16E4
March 28, 2006
Page 5 of 8
COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION
ALTERNATE III
PROPOSAL PAGE
DUE DATE: March 1,2006 @ 2:30 p.m.
The undersigned, having carefully examined the Contract Documents entitled Collier County ADA
Clinic Renovations for Risk Management, Naples, Florida, issued by Victor J. Latavish AlA Architect
dated 12-30-05 and having visited the site and examined the conditions affecting the Work, hereby
proposes and agrees to furnish all labor, materials, equipment, & accessories, and to perform
operations necessary to complete the Work as required by said proposed Contract Documents, for
the stipulated sums of:
Base Bid, the Lump Sum (in words): Five Thousand Nine Hundred' Fifty'
and No
Dollars. $ 5.950.00
Total Base Bid
TIME
Contractor proposes to complete the Work within the following number of calendar days from notice
to proceed or receipt of building permits, whichever occurs later:
Total Construction Time:
110
Calendar days
The undersigned understands and agrees to comply with and be bound by Contract Documents
issued for this Work.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 8th day of
March , 2006 in the County of Collier , in the state of Florida
Wall Systems Inc. Of SW FL dba Professional Building Systems
Firm's Complete Legal Name
Phone No. 239/643-6527
FAX No. 239/643-4293
BY:
Email: jdecker@pbscontractors.com
4395 Corporate Scp'al'e.
Address
Naples. FL 34104
.. City, (0te,
Signature
Proiect Manager
Title
Jim Decker
Name Typed/Printed
1/8/06
Date
4
FROM : !JAR I AN CONST
Ha~ U~ U~ Ubf4~a
Agenda Item No. 16E4
March 28, 2006
PHONE NO. : 239732121820 Mar. 00 2006Pll!l~P2
Ym J Va~~an ~~~ ~~c ~~~~ p.l
RFQ under 02-3349. Clinic Renovations for Risk Management
COLLIER COUNTY FLORIOA REQUEST FOR QUOTATION
PROPOSAL PAGE
DUE DATE: March 1. 2006 a 2:30 D.m. .
The undersigned. having carefully examined the OOl1lsad Documents entftJed ';:;oIner County ADA
Clihic Renovations for RIsk Management, Naples, Florida. issued by Vic:tcr-J. Latavish Aii\ Architect
dstecl12-30-05 ana having visifed the site and examined the conditions affecting the Wo~ hereby
proposes and agrees to furnish all labor, materials, equipment, & accessories, and to perform
oper.itions necessary to oompfefe 'the Work as required by said proposed Contract Documents, for
the stiputated sums of:
Base Bid. the Lump Sum (in words): ONE HUNDRED EIGHTY THOUSAND
SIX HUNDRED FIFTY DOLLARS AND 00/1 00 Dollars. $ 1 80, 650; 00
T~1aJ Base Bid
TIME
Contractor proposes to complete the Work within the foJlowing number of calendar days from notice
to proceed or receipt of building permits. whichever occurs later:
Total Construction TIme: ONE HUNDRED EIGHTY' ( 1 80 ) Calendar days
'ALTERNATE *1 PER PLANS: SIX THOUSAND TWO HUNDRED
FIFTY DOLLARS AND 00/100---$6,250.00
The undersigned understands and agrees to compJy with and be bound by Contract Documents
issued for this Work:.
~.
IN WITNESS WHEREOF. WE have hereunto subscnbed OUr names on this /!J day of
t'V\Alt<..\.\- .2006 in the Count)' of. ~ fh~ . in th!3 state of Fc.uu.-.... .
~ . .J .. V ~dl_\Q,.1 (1... $.1 c,. ) yo; C-
. F'um~ Complef8l.ega1 Name . .
Pf10ne No. ~~, '7? ~ J l"l e,
FAX No. z. ~4... 13? ""O.e.-z..~
Emair: {~~U l 'tf:l..@ ~al~ i.c.,....,
13Bo 2.g,' 57. S. ~.
Address
.o~lo $' pre... 341/ f
BY: _( ~ ~ Stata, Zip
() lit . Signature
V. LOS'.o6l'.) 'T .
~ TitJe
W J Lt... \ Q \IV\. :j. \/4.2... \ I\...l '3 /"10 t..
Name TypedlPrfnted Date
4
Agenda Item No. 16E4
March 28, 2006
Page 7 of 8
WORK ORDER i PBS-02-52
"General Contractor'. service."
Contract #02-3349, dated JUne 11, 2002
This Work Order is for General Contractor's Services, subject to the
terms and condi tions of the Contract referenced above, for Work
known as: Clinic Renovations for Risk Management, Bldg. "Dn.
PROJECT:
The work is specified in the Request For Quotation due March I,
2006 at 2:30 p.m.and construction drawings by victor Latavish,. AlA,
Architect, project number 05-412. These documents are attached
hereto and made a part of this Work Order. In accordance with Terms
and Conditions of the Agreement referenced above, Work Order #PBS-
02-52 is assigned to Wall Systems Inc. of SW FL, DBA Professional
Building Systems.
Scope:
Contractor to provide labor and materials for clinic and office
renovations per Architectural drawings from victor J. Latavish AlA
Architect, project number 05-412.
Schedule of Work: Complete within 110 days after obtaining building
permit.
Liquidated Damaqes: NONE
Compensation: In accordance with Item 3 of the Agreement, the
County will compensate the Firm in accordance with the negotiated
lump sum amount provided in the schedule below.
LUMP SUM FEE
$ 178,450.00
Any change made subsequent to final department approval will be
considered an additional service and charged according to an
executed Change Order as enumerated in Exhibit D of the Agreement.
PREPARED BY:
p~
Bob Pierce, Project Manager
Facilities Management Department
515ft"
. .
Date
Agenda Item No. 16E4
March 28,2006
Page 8 of 8
Work Order #PBS-02-52
Page 2 of 2
REVIEWED BY: . .~~
Skip~~~~rr~{or
Facilities ManagemenF Department
Date
APPROVED BY, ~L.... .
eff Walker, Director
Risk Management Department
$b-;t,.-'-
Date
Wall Systems Inc. of SW. FL.
DBA Professional Building Systems
'/
",. . ""-
_..-
.1".-:.1 _
~ :::- :::-: -::;:
. _/~' ~~~:~: c:et~1/
..,BY.~~
~ ' :-;.-'
- ;;~~6 ~/U?- ~~/rr"',4S
Typed Name and Title
By:
(or)
.-"
(2) /J!fJ:@.~~~r~~
....
L/~ 731 b"-cP/ ~
( Pr ir ~.~;~:: J UNDA J. BIONDINO
:./I!i.~ ,.: MY COMMISSION # DO 215445
~~.~.;..j EXPIRES: September 23, 2007
""~fff,:r.-~'~ Bonded Ttvu Notary Public lJnOerwriters
(1) \
Approved as to Form and
Legal Sufficiency:
Tom Palmer
Assistant County Attorney
Agenda Item No. 16E5
March 28, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment to Fund 516, Property and Casualty
Insurance, in the amount of $12,530,280 to pay the cost of property insurance claims related to
Hurricane Wilma and to recognize corresponding reinsurance and FEMA recoveries in the
amount of $12,492,780.
OBJECTIVE: The objective is to receive approval of a budget amendment to Fund 516, Property and
Casualty Insurance, to fund the cost of insured losses related to Hurricane Wilma and to recognize
expected reinsurance, FEMA and State of Florida revenues.
CONSIDERATIONS: The Risk Management Department administers a partially self-funded property
and casualty insurance program. The program includes excess property insurance coverage to pay
claims related to tropical storms, hurricanes, and wind related storm events. The program has a
maximum wind deductible of $2,500,000 per occurrence. For buildings under construction, Collier
County purchases Builders Risk Insurance. This program has a separate 2% wind deductible.
Hurricane Wilma made landfall in Collier County on the morning of Monday, October 24, 2005. As a
result, the County incurred significant loss to insured property. The repair or replacement of
damaged property has been coordinated between the affected departments; the Finance Department;
and the vendors utilized to make needed repairs.
On November 29,2005 the Board approved a budget amendment in the amount of $2,600,000 to
fund the maximum deductible under the property insurance program ($2,500,000) and an additional
$100,000 for losses under the Builders Risk program. To date, the County has paid $1,923,769 in
claims expenses.
Johns Eastern, the county's adjusting company, has estimated that ultimate paid losses under the
property insurance program will be $14,730,280. Estimated paid losses under the Builders Risk
program are expected to be $400,000. Thus, total estimated losses for all programs are expected to
be $15,130,280.
In order to promote efficiency, it is recommended that claims be processed through the County's
Property Casualty Self Insurance Fund. As claims estimates and/or invoices are approved, a request
for reinsurance funds will be made to the excess carrier(s) and these reinsurance funds will be used
for claims payment.
Therefore, in order to facilitate this claims payment process, a budget amendment in the amount of
$12,530,280 is needed. This figure reflects ultimate projected losses of $15,130,280 less the
$2,600,000 budget amendment already approved.
Corresponding revenues from reinsurance recoveries are expected to be $12,230,280. Additional
revenues from FEMA and the State of Florida are expected to be $262,500. Thus, total recoveries
from all sources are expected to be $12,492,780.
The difference between estimated claims payments and estimated revenue recoveries ($37,500) will
come from property casualty reserves.
,~_.,
It is hoped that no further budget amendments will be necessary; however, if actual repair costs vary
significantly from current estimates, the budget may require further amendment.
Agenda Item No. 16E5
March 28, 2006
Page 2 of 3
Risk Management will submit a final claim report to the Board documenting claims paid as part of
Resolution 2004-15. Unused funds, if any, will be returned to reserves.
FISCAL IMPACT: Funds are available in Fund 516, Property and Casualty Reserves; from FEMA;
from the State of Florida; and from reinsurance carriers for this purpose.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
RECOMMENDATION: It is recommended that the Board approve a budget amendment to Fund 516,
Property and Casualty Insurance, to fund the cost of claims related to Hurricane Wilma in the amount
of $12,530,280.
SUBMITTED BY: Jeffrey A. Walker, CPCU, ARM, Director, Risk Management
Item Number:
Itam Summary:
Meeting Date:
Agenda Item No. 16E5
March 28, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E5
Recommendation to approlle a budget amendment to Fund 516, Property and Casualty
Insurance, in the amount of $12,530.280 to pay the cost of property insurance claims related
to Hurricane Wilma and to recognize corresponding reinsurance and FEMA recoveries lO the
amount of$12,49Z,780
3/28/2006900:00 AM
Risk Management Dir~ctor
Date
Prepared By
Jttffrey A. Walker. CPCU,
ARM
Administrative Servlceil
Risk Management
3114120069:51:06 AM
Risk Management Director
Date
Approved By
Jeffrey A. Walker, CPCU,
ARM
Admlnlstratl~fl Snrv~ces
Risk Managflment
3115120068:11 AM
Len Golden Price
Adll'linistrathie S~rvices Administrator
Date
Approved By
Administrative Services
Administrati....e Services Admin.
3/16/2006 4:31 PM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
3117120068:08 AM
Michaol Smykowski
MAnagement & Budget Director
Dale
Approved By
County Manager's Offi(>e
Office of Management & Budget
3/21120069:38 AM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager's Office
3l21/2006 1;10 PM
Agenda Item No. 16F1
March 28, 2006
Page 1 of 3
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS
AWARD BID #06-3951 HORTICULTURE DEBRIS HAULING AND DISPOSAL
TO WHERRY TRUCK LINES, INC
OBJECTIVE: To award Bid #06-395 I for HOlticulture Debris Hauling and Disposal to
Wherry Truck Lines, Inc.
CONSIDERA TIONS:
."....-....
1. On February 3, 2006 invitations to bid were sent to fifty (50) contractors. The Bid
opening was held February 24,2006 and three (3) proposals were received.
2. Staff has reviewed the proposals and finds the lowest Bidder to be Wherry Truck
Lines, Inc. The proposal from this low Bidder meets all specifications of the Bid,
therefore, staff recommends that Bid #06-395 I be awarded to Wherry Truck Lines,
Inc.
FISCAL IMP ACT: The fiscal impact for Bid #06-395 I is $40,000 with funds available
in the Pelican Bay Operating Fund.
GROWTH MANAGEMENT IMP ACT: None
RECOMMENDATION: That the Board of County Commissioners award Bid #06-
3951 for Horticulture Debris Hauling and Disposal to Wherry Truck Lines, Inc.
Prepared by: Kyle Lukasz
Pelican Bay Services Division
/..--..
Agenda Item No. 16F1
March 28, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16F1
Meeting Date:
Recommendation that the Board of County Commissioners award Bid #O6~3951 Horticulture
Debris Hauling and D'lsposal to Wherry Truck Lines, Inc.. for Pelican Bay debris cleanup.
3128120069:00:00 AM
Prepared By
Kyle Lukasz
Operations Manager
Date
County Manager's Office
Pelican Bay Services
3/3/20068:32:14 AM
Approved B:y
Jean C.Smith
Operations Analyst
Date
County Manager's Office
Pelican Bay Services
3/3120068:54 AM
Approved By
Jack p, CurrAn
Purchasing Agent
Date
Administrative Services
Purchasing
3'16/2006 2:0D PM
Approved By
Mikf! Hauer
Acquis.ition Mt!nllger
Dale
Administrative SelVices
Purchasing
3116/20062:04 PM
Approved By
OMB Coordinator
AdministratiVE! Assistant
Dale
County Manager's Office
Office of Mam,gemem & Budget
3/17/2006 7:55 AM
Approved By
Michael Smykowskl
Management & Budgat Director
Date
County Manager's Office
Office of Management &. Budget
3.'1712006 9:59 AM
Approved By
Kelsey Ward
Senior Purchasing and Contracts Agent
Date
Administrative Services
Purchasing
3117/20062:04 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Cor'lmissiollers
County Manager's Office
3/17/20062:45 PM
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Agenda Item No. 16F2
March 28, 2006
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to approve a Modification to the Fiscal Year 2006
Emergency Management Preparedness and Assistance Grant accepting
$42,018 and approve a Budget Amendment to recognize and appropriate the
revenue.
OBJECTIVE: Board of County Commissioners approval of a modification to the FY 06
Emergency Preparedness and Assistance Grant accepting $42,018 in Federal Funds and
approval of a budget amendment needed to recognize and appropriate the revenue.
CONSIDERA TIONS: The Federal Emergency Management Agency (FEMA) through
the Florida Department of Community Affairs annually makes funds available for local
emergency management programs. The County has been awarded $42,018 in Federal
funds for FY -06 through a modification to the existing Emergency Preparedness &
Assistance Grant, Agreement #06BG-04-09-21-01-065, approved by the Board of County
Commissioners on November 1, 2005 Item 16.F.3. The acceptance of these Federal
funds requires a dollar for dollar local government match which has been provided for
within Emergency Management's General Fund operating budget. For FY -06, $41,900
was anticipated from this source and was budgeted for salaries and benefits in the
Emergency Management General Fund operating budget. The additional $118 of Federal
funds will be recognized and appropriated by budget amendment.
FISCAL IMPACT: An increase, by budget amendment, of $118 to the FY-06
Emergency Management General Fund (001) operating budget. The local match of
$42,018 is included in the FY -06 Emergency Management General Fund (001) operating
budget.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve a
modification to the FY -06 Emergency Preparedness and Assistance Grant accepting
$42,018 and approve a budget amendment to recognize and appropriate the revenue.
Prepared by: Darcy Waldron, Sr. Administrative Assistant
Department of Emergency Management
.-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F2
March 28, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F2
Recomrnenctallon 10 approve a Modification to the Fiscal Year 2006 Emergency
Management Preparel1ness & Assistance Grant accepting $42,018 and approve a Budget
Amendment to recognize and appropriate the revenu~
3128120069:00:00 AM
Senior Administrative Assistant
Date
Prepared By
Darcy Waldron
County Manager's Office
Emergency Management
3/812:0069:21 :11 AM
Approved By
Senior Administrative Assistant
Date
Darcy Waldron
County Manager's Office
Emergency Management
318/200S 9:14 AM
Len Golden Price
Administrative Services Administrator
Date
Approved By
Administrative Services
Administrative Services Admin.
319/20064:09 PM
Approved By
Thomas Palmer
County Attorney
Assistant County Attorney
Date
County Attorney Office
3/13/200612:07 PM
Dan E. Summers
Bureau ot Emergency Services Director
Date
Approved B:r
County Manager's Office
Bureau ot Emergency Services
3/14/20064:15 PM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
3/15/2006 12:14 PM
Management & Budget Director
Date
Approved By
Michael Smykowski
County Manager's Office
Office of Management & Budget
3/16/20063:27 PM
Leo E. Ochs. Jr.
Deputy County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
3/16/20064:51 PM
Agenda Item No. 16F3
March 28, 2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve a Budget Amendment and authorize negotiation of a
Professional Services Work Order with BSSW Architects (Contract #01-3235) not to exceed
$78,000 and authorize negotiation of a Professional Services Work Order with Q. Grady
Minor & Associates (Contract #01-3290) not to exceed $110,000 for a new Emergency
Medical Services facility, Project #55160.
OBJECTIVE: That the Board of County Commissioners of Collier County, Florida approve a
Budget Amendment and authorize negotiation of a Professional Services Work Order with BSSW
Architects not to exceed $78,000 for a new EMS facility located within the Heritage Bay PUD and
authorize negotiation of a Professional Services Work Order with Q. Grady Minor & Associates for
the site civil engineering related to that facility.
CONSIDERATIONS: Collier County owns 7.73 acres of land (Site) located north of the
intersection of Collier Boulevard (C.R. 951) and lmmokalee Road within the Heritage Bay PUD. A
Location Map is attached for reference. The Site was dedicated to the County as "Tract 'G'
(Government Purposes)" on the plat of Heritage Bay Commons recorded June 8, 2005.
On July 29, 2003, the Board approved Ordinance #2003-40 establishing the Heritage Bay PUD.
Section II, Paragraph 2.22 of the Heritage Bay PUD Document attached to this Ordinance provided
for the donation of the Site to the County.
-
As part of the 2005 AUIR, the Board of County Commissioners directed Emergency Medical
Services Department to accelerate the purchase and construction of new growth units to bring the
level of service up to the goal of 8-minute response 90% of the time based on weighted population
levels. The Board directed that four new stations be brought on line in FY 07, two in FY 08 and one
each in FY 09 and FY 10. It has been determined that the Heritage Bay property would be a
desirable site for one of the four stations to be brought on line in FY 07. A preliminary site map is
attached.
The scope of this project involves designing, permitting, constructing and outfitting the facility with
a preliminary estimate of $1.8M. In order to initiate design quickly, it is proposed to negotiate a
Professional Services Work Order with BSSW under a fixed term contract as they have designed
other EMS stations, including EMS # 19 currently under construction. Their fee is expected not to
exceed $78,000. It is also proposed to negotiate a Professional Services Work Order with Q. Grady
Minor & Associates under a fixed term contract for the site civil engineering related to the facility
for an amount not to exceed $110,000. The bulk of the funding will be requested as part of the FY
07 budget process based on a more detailed estimate. However, a Budget Amendment is necessary
at this time to negotiate the work order with BSSW and Q. Grady Minor & Associates in the amount
of $188,000.
FISCAL IMPACT: Funds totaling $188,000 will be transferred from Fund 350 EMS Impact Fees
to the project budget for EM S #41 (#55 160), Fund 350.
-
GROWTH MANAGEMENT IMP ACT: This project will benefit the County and is consistent
with and further the goals, objectives, and policies of the Collier County Growth Management Plan.
Agenda Item No. 16F3
March 28, 2006
Page 2 of 5
RECOMMENDATION: That the Board of County Commissioners:
1. Approve a Budget Amendment;
2. Authorize negotiation of a Professional Services Work Order with BSSW not to exceed
$78,000; and
3. Authorize negotiation of a Professional Services Work Order with Q. Grady Minor &
Associates not to exceed $110,000.
PREPARED BY: Jeff Page, Chief, Emergency Medical Services and Ron Hovell, P.E., Principal
Project Manager, Facilities Management
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F3
March 28, 2006
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F3
Recommendation to approve a Budget Amendment and aulhorize negotiation 01 a
ProfeSSional Services Work Order with BSSW Architects (Contract #0 1-3235) not to exceed
$78,000 and autt10nze negotiation of a Professional Services Work Order with Q. Grady
Minor & Associates (Comract #01-3290) nollo excee1.1 $110,000 for a new Emergency
Medical Services facility. Project #55160
3/2812U06 9:00:0U AM
EMS Chief
Date
Prepared By
Jeff Page
Bureau of Emergency
Services
EMS
3113fZ006 9:50:42 AM
Approved By
Contracts Agent
Date
Linda Best
Administrative Services
Purchasing
3;13!200611:17 AM
Ron Hovel!
Principal Project Manager
Date
Approwd By
Administrative Services
Facilities Management
3'13/20062:28 PM
Kelsey Ward
Senior Purchasing and Contracts Agent
Date
Approved By
Administrative Services
Purchasing
3/13/2006 3:53 PM
Approved By
Jeff Page
Bureau of Emergency
Services
EMS Chief
Date
EMS
3!13/2006 5:09 PM
Darcy Waldron
Senior Administrative Assistant
Date
Approved By
County Manager's OffiCE!
Emergency Management
3/14/20064:28 PM
Bureau of Emergency Services Director
Date
Approved By
Dan E. Summers
County Manager's Office
Bureau of Emergency Services
3,151200611:59AM
Administrative Assistant
Date
Approved B}'
OMS Coordinator
County Manager's Office
Office of Management & Budget
3f15f200612:25 PM
Susan Usher
Senior Management/Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
3/20120069:48 AM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
3f20/2006 11 :21 AM
Deputy County Manager
Date
Approved 8)'
Leo E. Ochs, Jr.
Board of County
Commissioners
County Manager's Office
J/20f2006 3:48 PM
Agenda Item No, 16F3
March 28, 2006
Page 4 of 5
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Agenda Item No, 16F3
March 28, 2006
Page 5 of 5
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Agenda Item No. 16F4
March 28, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to reallocate real property purchased under the Vanderbilt Beach Road
6-laning project (Project No. 63051) to Collier County Emergency Medical Services to
utilize for the construction of EMS Station 72, Project 55150, approve a Budget
Amendment in the amount of $420,000 and authorize negotiation of a Professional
Services Work Order with BSSW Architects (Contract #01-3235) not to exceed $40,000
and Q. Grady Minor & Associates (Contract #01-3290) not to exceed $130,000.
OBJECTIVE: To approve the transfer of funds required to reallocate real property, located at
the southeast corner of Vanderbilt Beach Road and Logan Boulevard, previously purchased
under the Vanderbilt Beach Road project (63051) to Collier County EMS for the construction of
EMS Station 72 and to approve a Budget Amendment for $420,000 to cover both the purchase
price of the property including closing costs, a Professional Services Work Order with BSSW
Architects (BSSW) for the design of the facility and a Professional Services Work Order with Q.
Grady Minor & Associates for the site civil engineering related to the facility.
".-",
CONSIDERATIONS: On February 10,2004, as part of the Vanderbilt Beach Road widening
project, the Board of County Commissioners authorized the purchase of property located at the
southeast corner of Vanderbilt Beach Road and Logan Boulevard. At that time, the property
contained a dilapidated house on 3. 185 acres, and was purchased for a total of $328,000.00 or
$102,982.73 per acre. Right-of-Way was set aside for Vanderbilt Beach Road and for Logan
Boulevard along the northern and western boundaries of the property. The house was used as a
training facility by the local fire control and rescue district and later demolished.
After designating the future right-of-way needs, the remaining parcel contains 2.4141 acres and
is considered a prime location by the Collier County EMS Division to build a future EMS
station. An EMS station at this location will greatly reduce the response time to the surrounding
areas.
The Emergency Medical Services Department desires to "purchase" the remaining 2.4141 acres
from the Transportation Division at the same unit price originally paid of $102,982.73 per acre
or a total of $248,610.60. A Budget Amendment is required to provide funds for the purchase
price plus $1,389.40 for closing costs, for a total of $250,000.
In order to initiate design quickly, it is proposed to negotiate a Professional Services Work
Order, not to exceed $40,000, with BSSW under a fixed term contract as they have designed
other EMS stations including EMS # 19 currently under construction. It is also proposed to
negotiate a Professional Services Work Order, not to exceed $130,000, with Q. Grady Minor &
Associates under a fixed term contract for the site civil engineering related to the facility.
Total remaining costs of the project for permits, construction, and outfitting the facility are
estimated, at this time, to be $1.8 million. Funding will be requested in the Emergency Medical
Services Fiscal Year 2007 budget, and will be based on a more detailed estimate.
.-
Agenda Item No, 16F4
March 28, 2006
Page 2 of 4
FISCAL IMPACT: Funds totaling $420,000 will be transferred by Budget Amendment from
Fund 350 - EMS Impact Fees to the project budget for EMS #72 (#55150), Fund 350.
$248,610.60 for the purchase of the property will be transferred to the Vanderbilt Beach Road
Project (#63051).
GROWTH MANAGEMENT IMP ACT: This project will benefit the County and is consistent
with and will further the goals, objectives, and policies of the Collier County Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the transfer of approximately 2 acres from the Transportation Division to the
EMS Department at an approximate cost of $250,000 including fees;
2. Authorize a Budget Amendment for $420,000 to both purchase the property and initiate
design and engineering;
3. Authorize negotiation of a Professional Services Work Order with BSSW Architects not
to exceed $40,000; and
4. Authorize negotiation of a Professional Services Work Order with Q. Grady Minor &
Associates not to exceed $130,000.
Prepared By: Jeff Page, Chief, Emergency Medical Services and Ron Hovell, P.E., Principal
Project Manager, Facilities Management
~
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F4
March 28. 2006
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F4
Recommendation to reallocate real property purchased under It18 Vanderbilt Beach Road 6-
lanlng project (projecl No 63051) 10 Collier County Emergency Medical Services to utilize for
the construclion of EMS Station 72. Project 55150 approve a Budge! Amendment in lhe
amount of $420000 and authOrllB negotiation of a Prnfesslonat SSr\lIC8S Work Order with
BSSW Architects not to exceed $40,000 and Q. Grady Minor & Associates nallo exc~ed
5130000
3128/20069:00'00 AM
EMS Chief
Date
Prepared B}'
Jeff Page
Burnau of Emergency
Services
EMS
3/1Jr2006 9:59:14 AM
Linda Best
Contrac.ts Agent
Dat~
Approved By
Administrative Services
Purchasing
3!13!200G 11 :18 AM
Ron Hovell
PrinCipal Project Manager
Date
Approved B)'
Administrative Services
Facilities Management
3/13/20D6 2:28 PM
Kelsey Ward
Semor Purchasing and Contracts Agent
Date
Approved By
Administrative Services
Purchasing
3/13J2006 3:53 PM
Approved By
Jeff Page
Bureau of Emergency
Services
EMS Chief
Date
EMS
3/13/20065:10 PM
Norm E. Feder, Alep
Transportation Divis.ion Administrator
Date
Approved By
Transportation Services
Transportation Services. Admin.
3114120069:40 AM
Sharon Newman
Accounting Supervisor
Date
.~.
Approved B}'
Transportation Stirvicus.
Transportation Services Admin
3!14/2006 3:34 PM
Usa Taylor
Management/Budget Analyst
Date
Approved By
Transportation Services
Transportation Administration
3115/20064:44 PM
Najeh Ahmad
Director
Date
Approved By
Transportation Services
Transportation Engineering &
Construction Management
3'16/20067:28 AM
Darcy Waldron
Senior Administrative Assistant
Date
Approved By
County Manager'g Office
Erl1ergpney Management
3!16/2008 9:24 AM
Dan E. Summers
Bureau of Emergency Servic~~s Director
Dale
Appnlvcd By
County Manager's Off'jce
Bureau of Emergency Services
3116,'20069:27 AM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's; OfhcfJ
OfflCH of Managemfinl & Budget
3116/200610:08 AM
Susan Ushtlr
Senior Management!Budget Analyst
Date
Approved BJ'
County Manager's Office
Office of Management & Budget
3/201200[, 9:04 AM
Michael Smykow.ski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budgel
3/20/200611:16AM
Leo E. Ochs. Jr
Deputy County Manager
Date
Approved By
r-
Board of County
CommISSIoners
County Manager's Office
31201200G 3:15 PM
Agenda Item No. 16F4
March 28, 2006
Agenda Item No. 16F5
March 28, 2006
Page 1 of 4
--
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners award Bid #06-3948
Oakmont Retaining Wall to International Contracting, LLC. and to approve a
budget amendment in the amount of $134,800.00, project 51104 and to authorize the
Chairman to sign the standard contract after review by the County Attorney.
OBJECTIVE: To award Bid #06-3948 for Oakmont Retaining Wall to International
Contracting Group, LCC, to approve a budget amendment in the amount of $134,800,
project 51104 and authorize the Chairman to sign the standard contract after review by
the County Attorney.
CONSIDERA TIONS:
...-.
1. On February 3, 2006 invitations to bid were sent to one hundred and sixty eight
(168) contractors. The Bid opening was held March 3, 2006 and two (2) proposals
were received.
2. Staff has reviewed the proposals and finds the lowest Bidder to be International
Contracting Group, LLC. The proposal from this low Bidder meets all
specifications of the Bid, therefore, staff recommends that Bid #06-3948 be
awarded to International Contracting Group, LLC.
3. Bid #06-3948 is for the replacement of an existing railroad tie retaining wall
utilizing pressure treated lumber. The retaining wall is located along the Oakmont
Lake Bank within the Pelican Bay Water Management System.
FISCAL IMPACT: The fiscal impact for Bid #06-3948 is $134,800.00 with funds
coming from the Phase IV Irrigation Project and the Pelican Bay Community Master Plan
Project.
GROWTH MANAGEMENT IMPACT: There IS no Growth Management Impact
resulting from this action.
RECOMMENDATION: That the Board of County Commissioners award Bid #06-
3948 for Oakmont Retaining Wall to International Contracting Group, LLC., to approve a
budget amendment in the amount of $134,800.00, project 51104 and to authorize the
Chairman to sign the standard contract after review by the County Attorney.
"'--"'-
Prepared by: Kyle Lukasz, Field Operations Manager, Pelican Bay Services Division
Agenda Item No, 16F5
March 28, 2006
Page 2 of 4
Item Number:
Item Summary:
Meeting Date:
Agenda Hem No. 16F5
March 28. 2006
Page3of4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F5
Recomrnefl(~ailon that :ne Board of Count,' Commissioners award Bid #OG~3g48 08kmont
Retaining Walllr; Pelican Bay to International Con:racting LLC and 10 approve a budge!
amencimen: the arnoum of $134800,00. project 51104 and to auihOrlze the Chalrm8f1 10
sign the stanclard contract after review by the County A\lorney
3!28/2006 9:00:00 AM
Operations Manager
Date
Prepared By
Kyle lukasz
County Manager's OffIce
Pelican Bay Services
3/131200612:01 :57 PM
Dutf.'
Approved By
Jean C.Srnith
County Manager's Office
Operations Analyst
PeliGan Bay Services
3113/20062:42 PM
Operations Manager
Date
Approved By
Kyle lukasz
County Manager's Office
Pelican Bay Services
3/1312006 2:50 PM
Purchasing Agent
Date
Approved B)'
Jack P. Curran
Administrati....e Services
Purcha~ang
3/15120068:28 AM
AcqUisition Mant'tger
Date
Approved B)'
Mike Hauer
Administrative Services
PurchaSing
3115120069:49 AM
Administrative ASfiistant
Datt'
Approved B)'
OMB Coordmator
County Manager's Office
Office of Management & Budgllt
3/151200612:30 PM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
3/16/20063:01 PM
SenIOr Purchasmg <lnd Contrilcts Agent
Datt:>
Approved By
Kelsey Ward
Administrative Services
Purchasing
3117/20062:07 PM
Date
Approved By
Leo E. Ochs. Jr
Board of County
CommiSSioners
Deputy County Manage,
County Manager's OffIce
3/2012006 9: 11 AM
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Agenda Item No. 16F6
March 28, 2006
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to approve a Budget Amendment to fund the balance of replacement
ambulances for the Emergency Medical Services Department in the amount of $171,000.
OBJECTIVE: To receive approval from the Board of County Commissioners for a Budget
Amendment to purchase one replacement ambulance at a cost of $177,000.
CONSIDERA TIONS: The Collier County Fleet Department recommended the replacement of
three ambulances and one Ford Expedition in FY 06.
In FY 06, $550,000 was budgeted in Fund 490 Capital Reserves for replacement vehicles. On
October 25, 2005, Agenda Item 16F4, a Budget Amendment was approved to transfer funds
from Capital Reserves to Capital Expenditures for the purchase of two of the three recommended
replacement ambulances in the amount of $360,000.
A Budget Amendment for an additional $171,000 is needed to provide funds necessary for the
third scheduled replacement ambulance.
FISCAL IMPACT: Funds in the amount of $159,853.35 are available in Fund 490 Capital
Reserves and the balance of $11,146.65 is available in Fund 490 Reserve for Contingencies, as
approved by the Board on September 22,2005.
GROWTH IMPACT: There is no Growth Management Impact resulting from this action.
RECOMMENDATION: That the Board of County Commissioners approve a Budget
Amendment in the amount of $171,000 toward the purchase of one replacement ambulance for
the Emergency Medical Services Department.
PREPARED BY: Jeff Page, Chief, Emergency Medical Services
"'-'"'.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F6
March 28, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F6
Recornmendaiion 10 approve a Budgei Amendmen'. to fund the balance of replacement
ambulances for the Emergency Medical SerYlces Department in the amount of $171 .000
3.128/20069:00:00 AM
EMS Chief
Date
Prepared By
Jeff Page
Bureau of Emergency
Services
EMS
3/15/20064:07:13 PM
EMS Chief
Date
Approved By
Jeff Page
Bureau of Emergency
Services
EMS
3/15/20064:12 PM
Darcy Waldron
Senior Administrative Assistant
Date
Approved By
County Mana~ler's Offic€
Emer~Jency Management
J11S/20064:31 PM
Dan E.. Summers
Bureau of Emergency Servic(~s Director
Date
Approved By
County Manager's Office
Bureau of Emergency Services
3/16/2006 9:28 AM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's OffIce
Office of Management & Budget
3/16/200610:16 AM
Michael Smykowski
Managamant 8. Budg~t Director
Date
Approved By
County Manager's Office
OfficE' of Management & Budget
3'17'200611:50 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3/201200612:49 PM
Agenda Item No. 16F7
March 28, 2006
Page 1 of 8
APPROVAL OF BUDGET AMENDMENTS
Bee Agenda of March 28, 2006
Ochopee Fire Department (146)
Budget Amendment #06-163
Operating Expenses
Other Contractual Services
$25,000
Reserves
Reserve for Capital
($25,000)
Total
-0-
Explanation: Funds are needed to cover attorney's fees due to the Dwight Brock case.
General Fund (001)
Budget Amendment #06-174
Operating Expenses
Minor Office Equipment
$14,000
Reserves
Reserve for Contingencies
($14,000)
Total
-0-
,,"'~-
Explanation: Funds are needed to set up offices for newly appointed County Court Judge # 1.
General Fund (001)
Budget Amendment #06-175
Operating Expenses
Minor Office Equipment
$14,000
Reserves
Reserve for Contingencies
($14,000)
Total
-0-
EJq)lanation: Funds are needed to set up offices for newly appointed County Court Judge #2.
Prepared by: Barbetta Hutchinson, Executive Secretary, OMB
,.....-
Page 1 of 1
..
.......:;,.
Agel1~em No. ~
I <.~~IG~~~
B
QUEST
For BudadlFjJ!l!I)CC ~ Qply
BAIL... ..D-':l- :~jLu....
m.................................
BAR#..............................
A.P.lL Date.......................
By
Fund Number
::I
/'
Fund Description
Date Prepared: 03-06-06
Approved by BCC on:
Attach Executive Summary
Item No.:
Expense Budget Detail
Fd CtrNo.: 919010
WBS No.:
Fund Center Title: Reserves
WBS Element Title:
vide the Fund Center or WBS element information; it is not ulred to ide both.
Fund WBS Commit Commitment Item
Center Element Item Deseri tion
919010 993000 Reserve for Ca ital
Revised
Bud et
$139,200
Net Change to Budget ($25,000)
Food Center Title:
WBS Element Title:
Expense Budget Detail
Ochopee Fire Control District
Fd CtrNo.: 144380
WBS No.:
(Provide the Fund Center or WBS element information; it is not reGuired to Drovide both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item DescriDtion (Decrease) Budl!et Budeet
144380 634999 Other Contractual $25,000 $65,000 $85,000
Services
Net Change to Budget $25.000
Expense Budget Detail
Fd CtrNo.:
WBS No.:
Fund Center Title:
WBS Element Title:
ide the Fund Center or WBS element informItion; it is DOt . to
Fund WBS Commit Commitment Item
Center Element Item Deseri tion
Revised
Bud et
Net Change to Budget
~
..,-~.
Agenda Item No. 16F7
March 28, 2006
Page 3 of 8
Revenue Budget Detail
Fund Center Title:
WBS Element Title:
ide the Fund Centa- or was elcmeol information; it is not to
Fund WBS Commit Commitment Item
Center Element Item Deseri non
Fd Ctr No.:
WBS No.:
Revised
Bud et
Net Change to Budget
EXPLANATION
Why Are funds Deeded? To eover attorney's fees due to the Dwight Brock Case.
Where are fuDds available? Reserve for CapitaL
o REVIEW PROCESS
Cost Center Director:
)
Division Administrat
3>
~
Finance De artment:
Clerk of Board Admin.:
T REQUEST
~~:'~~~8~~i.:7.~ ~~~,
JE#.................................
BAR#..................... .........
A.P.H. Date.......................
Agenda Item No, 16F7
d;;;l)f-
<It- -- - ....
lft1
1\ Di MAR 1 0 2006
IJIJ
i
In,v
Fund Number
001
Fund Description General Fund
Date Prepared: 3/6/06
Approved by BCC on: 3 - ~8 -0 Co
Attach Executive Summ~
Item No.: I (p F 1
Fund Center Title:
WBS Element Title:
Expense Budget Detail
New County Judge #1
Fd Ctr No.: 432050
WBS No.:
(Provide the Fund Center or WBS element information; it is not reauired to orovide both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Bud2et Bud2et
432050 640200 Mileage 200 0 200
432050 640300 Professional Dev 1,000 0 1,000
432050 641950 Postage 500 0 500
432050 647110 Printing 800 0 ~.
Net Change to Budget Continued
Fund Center Title:
WBS Element Title:
Expense Budget Detail
New County Judge #1
Fd Ctr No.: 432050
WBS No.:
(Provide the Fund Center or WBS element infonnation; it is not reQuired to orovide both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Bud2et Bud2et
432050 651110 Office Supplies 500 0 500
432050 651910 Minor Office Equipment 500 0 500
432050 651950 Minor DP Equipment 500 0 500
432050 652110 Uniforms 500 0 500
Net Change to Budget Continued
Fund Center Title:
WBS Element Title:
Expense Budget Detail
New County Judge #1
Fd Ctr No.: 432050
WBS No.:
(Provide the Fund Center or WBS element infonnation; it is not rCQuired to nrovide both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Bud2et Bud2et
432050 65411 0 Books 1,000 0 1,000
432050 654210 Dues & Memberships 500 0 500
432050 654360 Other Training 500 0 500
432050 764900 Data Processing Equip 7,500 0 7,500
Net Change to Budget 14,000
; ... r
Agenda Item No. 16F7
March 28, 2006
Page 5 of 8
Revenue Budget Detail
Fund Center Title: Reserves
WBS Element Title:
Fd Ctr No.: 919010
WBS No.:
(Provide the Fund CenteT or WBS element infonnation; it is not required to nrovide both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budszet Bud2et
919010 991000 Reserves (14,000)
Net Change to Budget (14,000)
EXPLANATION:
Why are funds needed? Funds are needed to set up offices for newly appointed County Court
Judges.
Where are funds available? Funds are available in General Fund Reserves.
REVIEW PROCESS
DATE
Cost Center Director:
Division Administrator:
="-'\-
Finance De artment:
Clerk of Board Admin.:
~,.."""
.
REQUEST
~~:~~~~~~~?1r~:.
JE#. .................. ..............
BAR#..............................
A.P.H. Date.......................
Agenda Item No. 16F7
?}rCh 28, h2~?~..L
ILJtl'~
Fund Number
001
Fund Description General Fund
Date Prepared: 3/6/06
Approved by BCC on: 3 - ). i -0 <a
Attach Executive Summary
Item No.: ---!lo-F 1
Fund Center Title:
WBS Element Title:
Expense Budget Detail
New County Judge #2
Fd Ctr No.: 432060
WBS No.:
(Provide the Fund Center or WBS element information; it is not reouired to provide both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Bud2et Bud2et
432060 640200 Mileage 200 0 200
432060 640300 Professional Dev 1,000 0 1,000
432060 641950 Postage 500 0 500
432060 647110 Printing 800 0 COO I
Net Change to Budget Continued
Fund Center Title:
WBS Element Title:
Expense Budget Detail
New County Judge #2
Fd CtrNo.: 43206
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
432060 65111 0 Office Supplies 500 0 500
432060 651910 Minor Office Equipment 500 0 500
432060 651950 Minor DP Equipment 500 0 500
432060 652110 Uniforms 500 0 500
Net Change to Budget Continued
Fund Center Title:
WBS Element Title:
Expense Budget Detail
New County Judge #2
Fd Ctr No.: 432060
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 Bud2et
432060 654110 Books 1,000 0 1,000
432060 654210 Dues & Memberships 500 0 500
432060 654360 Other Training 500 0 500
432060 764900 Data Processing Equip 7,500 0 7,500
Net Change to Budget 14,000
..,' -'-
Agenda Item No, 16F7
March 28, 2006
Page 7 of 8
Revenue Budget Detail
Fund Center Title: Reserves
WBS Element Title:
Fd Ctr No.: 919010
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 Bud2et
919010 991000 Reserves (14,000)
Net Change to Budget (14,000)
EXPLANATION:
Why are funds needed? Funds are needed to set up offices for newly appointed County Court
Judges.
Where are funds available? Funds are available in General Fund Reserves.
REVIEW PROCESS
DATE
Cost Center Director:
~-
Division Administrator:
Finance De artment:
Clerk of Board Admin.:
Agenda Item No. 16F7
March 28. 2006
Page 8 of B
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
16F7
Approve budget amendments
3/28/20069:00:00 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office ot Management & Budget
3/16/200610:12 AM
Approved By
Michael Srnykowski
Management & Budget Director
Dat€
County Manager's Office
Office of Management & Budget
3/17f200612:47 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3f20/2006 2:08 PM
Agenda Item No. 16G1
March 28,2006
Page 1 of 11
EXECUTIVE SUMMARY
To approve and execute Site Improvement Grant Agreements between the Collier
County Community Redevelopment Agency and grant applicants within the
Bayshore Gateway Triangle Community Redevelopment area.
OBJECTIVE: To approve and execute the Site Improvement Grant agreements between
the Community Redevelopment Agency (CRA) and grant applicants within the Bayshore
Gateway Triangle Commuruty Redevelopment area.
CONSIDERATIONS: The Community Redevelopment Agency's Site Improvement
Grant program for the Bayshore Gateway Triangle Community Redevelopment area is
funded at $100,000 for FY2006. The purpose of the Grant is to provide an incentive to
revitalize the area by providing a matching grant to encourage the private sector to invest
in their property. The grant requires at least a 50% match from the applicant and is funded
by Tax Increment Funds.
The Bayshore Gateway Triangle Community Redevelopment Agency Local Advisory
Board reviewed the applications on March 7, 2006 and recommended for CRA Board
approval the following Site Improvement Project of not to exceed $8,000.00 for:
1. Ozlyn Garden Villas Condominium Association, Inc.
--
FISCAL IMP ACT: Sufficient budget exists within the Bayshore Gateway Triangle Fund
(187) to fund the requested grants. A Site Improvement Grant may provide up to 50% of
the cost of commercial or owner occupied residential improvements not to exceed $8,000.
The above site improvement grant recommended for funding is valued at $8,000. Funding
this grant request will leave available grant dollars totaling $52,000.
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of
the Growth Management Plan states that redevelopment plans may be developed for
specific areas within the County, including the Bayshore Gateway Triangle CRA, that may
consider alternative land use plans, modifications to development standards, and incentives
to encourage redevelopment.
RECOMMENDATION: That the CRA Board approves and authorizes for execution the
Site Improvement Agreement between the Community Redevelopment Agency and the
Ozlyn Garden Villas Condominium Association, Inc.
Prepared by:
David L. Jackson on March 7, 2006
Executive Director
Bayshore/Gateway Triangle Commuruty Redevelopment Agency
,---
Agenda Item No. 16G1
March 28, 2006
Page 2 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16Gl
Meeting Date:
To approve and execute Site Improvement Grant Agreements betv.<een the Collier County
Community Redevelopment Agency and grant applicants within the Baystlore Ga'leway
Triangle Community Redevelopment area.
3/28/20069:00:00 AM
Prepared B}T
David Jackson
EXGcutive Director
Date
Community Redevelopment
Agency
Bayshore-Gateway Redevelopment
3/14120064:02:24 PM
Approved By
David Jackson
Executive Director
Date
Community Redevelopment
Agency
BayshorewGateway Redevelopment
3/14/2006 4:D6 PM
Approved By
Marjorie M. Student-Stirling Assistant County Attorney
Date
County Attorney County Attorney Office
3f16/2006 10:33 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management &. Budget
3/16/20063:38 PM
Apprond By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/1712006 5:42 PM
Agenda Item No. 16G1
March 28, 2006
Page 3 of 11
GRANT AGREEMENT BETWEEN eRA AND OWNER
FOR SITE IMPROVEMENT FOR BAYSHORE/GATEWAY TRIANGLE
REDEVELOPMENT AREA
THIS AGREEMENT ENTERED this _ day of , _ by and
between the Collier County Community Redevelopment Agency (hereinafter referred to as
"CRA") and Ozlyn Garden Villas Condominium Association Inc., on behalf of the property
owners' (Shirley F. Shinebarger and Steven Shinebarger; Marilyn A. Morgan and Roy Morgan;
Tim Casey; John Haltigan; Barbara Simon; Jody Randol, Barbara A. Nielsen and David R.
Nielsen; Cindy Phillips; Renate Luedemann; Don Baudino and Judy Baudino; Mick Randol;
David Repath and Jennifer Repath; Scot Delacey and Dan Pyne; (hereinafter referred to as
"Owner"). ~,
\ 1\1.' .
WIT N E SSE T H:
WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County
Commissioners delegated authority to the CRA to award and administer CRA grants including
contracts with owners for CRA grants; and
WHEREAS, Owner has applied for a site improvement grant in the amount of $8,000.00
dollars; and
WHEREAS, the CRA has determined that Owner meets the eligi!ill!ty requirements and
was approved for a grant award in the amount of $ ~~()( J::) dollars on
, 2006 ("CRA Approval"), which is r')~. L{ % of the costs to construct
the site improvements.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the parties agree as follows:
I. Owner acknowledges to the CRA that Owner has received a copy of the Collier
County Community Site Improvement Grant Program (hereinafter referred to as "Grant
Program"), that Owner has read the Grant Program, and that Owner has had ample opportunity
to discuss the Grant Program with Owner's counselor advisor. Owner further acknowledges to
the CRA that Owner understands and agrees to abide by all of the terms and conditions of the
Grant Program. Owner agrees to the terms and conditions of the Grant Program, a copy of which
is attached as Exhibit "A" and incorporated herein.
2. Owner is the record owner of property described as ~ 7-l \1 n ~Q{'(lE n \L Uas
,
3. Owner has agreed to make certain improvements to the property pursuant to the
grant application submitted to the CRA dated February 21, 2006 (the "Site Improvements")
Attached hereto as Exhibit A and incorporated herein by reference.
4. Owner agrees to complete the construction of the Site Improvements within one
(1) year of CRA Approval. Owner also agrees to fund at least 50% of the costs of the Site
Improvements.
Agenda Item No. 1681
March 28, 2006
Page 4 of 11
" CRA has approved a grant to Owner in the amount of 'tg6vO~ to be
.fa.dministered pursuant to the terms of this Agreement based on an estimated cost of
r3.7, '-f'Z-D.OV. If the actual costs are less than the estimated costs to construct the Site
Improvements, the grant amount shall be reduced to equal the percent of the Site Improvement
costs approved for funding by the CRA
6. Unless prior disclosure is included in the grant application, no Owner, or any
immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of
the Site Improvements and no Owner, or any immediate relative of Owner, shall receive
compensation for labor for the construction of the Site Improvements. An immediate relative of
Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by
marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law
7. Owner agrees to obtain all necessary permits and submit any required plans to the
County's Community Development and Environmental Services Division. Upon completion of
the work, Owner shall submit to the CRA staff a project summary report, two (2) 8 x 10 after
photos, a list of materials and construction techniques used, a list of architects and/or contractors,
and any other information specific to the project or requested by the CRA staff. The CRA,
through its staff, shall confirm that the Site Improvements were constructed pursuant to the terms
of the application approved by the CRA
8. Within forty-five (45) days after confirmation that the Site Improvements were
constructed pursuant to the terms of the approved application, Owner shall be issued a check in
the amount of the grant. However, if Owner fails to make the improvements pursuant to the
terms of the approved application, or if the project is not completed within one (1) year of CRA
approval, or if Owner fails to fund at least 50% of the cost of the Site Improvements, the grant
shall be deemed revoked and Owner shall be entitled to no funding.
9.
of Florida.
This Agreement shall be governed and construed pursuant to the laws of the State
10. This Agreement contains the entire agreement of the parties and their
representatives and agents, and incorporates all prior understandings, whether oral or written
No change, modification or amendment, or any representation, promise or condition, or any
waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized
officer of the party to be charged.
11. This Agreement is personal to Owner, and may not be assigned or transferred by
Owner or to Owner's respective heirs, personal representatives, successors or assigns without the
prior written consent of the CRA.
Agenda Item No. 16G 1
March 28, 2006
Page 5 of 11
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
tirst written above.
(IL~
5+e...~ A. We:Sbe...V~
Prinledffyped Name
By: ,.
(2)~k f~
Itness SIgnature
.L lJAv~ ~~ - ~~/~ Ozt..yN ~
Printedff;.'ped Name Ct:Jur.x1 t'9.5'se:c.
By:
L~rvk. C .o>\'
PrilltedfTyped Name
Prinledffyped Name
ATTEST:
DWIGHT E. BROCK, Clerk
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By:
DONNA FIALA, Chairman
, Deputy Clerk
Approved as to fonn ,md
legal sufficiency:
'--()vi :A ,LL. ~;"~I't(-t - {Jr{~L{~3
MaIjOri~lldent -Stir! ing
Assistant County Attorney
Agenda Item No, 16G 1
March 28, 2006
Page 6 of 11
Unil No.d ~3.h (
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Agenda Item No. 16G1
March 28, 2006
Page 7 of 11
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Date
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Agenda Item No. 1681
March 28, 2006
Page 8 of 11
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Agenda Item No. 16G1
March 28, 2006
Page 9 of 11
Unit No.~ F S b
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Printed T~'ped ~llIne
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Agenda Item No. 1681
March 28, 2006
Page 10 of 11
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Agenda Item No. 16G1
March 28, 2006
Page 11 of 11
Date
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Agenda Item No. 16H 1
March 28, 2006
Page 1 of 3
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Jim Coletta
FUNCTION/EVENT: 3rd Annual Florida Tradeport Briefing and Barbecue
"Opportunity and Promise in lmmokalee."
,.........."
PUBLIC PURPOSE: To speak at tIns event and network with representatives from the
local and state Legislature, as well as Enterprise Florida, the state's economic
development partnership, and the Economic Development Council of Collier County.
DATE OF FUNCTION/EVENT: March 31, 2006
FISCAL IMPACT: $40.00 - Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Coletta to
attend function serving a valid public purpose.
PREPARED BY: Nancy Rosiak, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: March 28, 2006
j..."........
Item Number:
Item Summary:
Meeting Date:
Agenda 11 em No. 16H1
March 28, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H1
Commissioner Coletta requests approval for reimbursement -lor prepaying $40.00 to attend
and speak allhe 3RD Annual Florida Tradeport Briefing and Barbecue sponsored by the
Economic Development Council of Collier County on March 31. 2006, to be paid from his
travel budget
3128120069:00:00 AM
Date
Prepared By
Nancy Rosiak
Board of County
Commissioners
Ex:ecutlve Aide to the Bee
Bce Office
319/20069:21 :55 AM
Sue Filson
Date
Approved By
Board of COUhty
Commissioners
Executive Manager to the Bee
Bce Office
31912006 10:25 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3/16/200610:55 AM
-
Agenda Item No. 16H1
Economic Development Council
of Collier County
. j I:~~: -
~'14~;\
/ I, I "'Ji;\
ECONOMIC DEVELOPMENT COUNCIL
of Collier County, Florida
Crowing Creat Ideas
3RD ANNUAL
FLORIDA TRADEPORT
BRIEFING AND BARBECUE
Friday, March 31, 2006
Florida Tradeport - Immokalee, Florida
10:00 a_me - 12:00 noon - Briefing Program
12:00 noon - 2:00 p.m. - Barbecue
REGISTRATION FORM
Don't miss this opportunity to attend the 3rd Annual Florida Tradeport Briefing & Barbecue! This year's
event will feature "Opportunity and Promise in Immokalee".
A barbecue luncheon, with entertainment, gives participants the chance to network with each other, as well as
with representatives from the Florida Legislature, Enterprise Florida - the state's economic development
partnership, and other key government officials.
$40.00 EDC Members - $50.00 Non-Members
Friday, March 31, 2006
10:00 a.m. - 12:00 noon - Briefing
12:00 noon - 2:00 p.m. Barbecue and Networking
Names: ..s..s /, Ji"1 ~/ctTA ~ S-
Company Name: [7.../J/A../,!;'R, C'.OtJN'TY 6r:Pt/€/(IVII(-V/
Phone number: (:P~) 771- ~39/
PAYMENT INFORMATION
CJcheck CCredit Card {AMEX, Me or Visa} circle one
Amount: $ -10. ~ $40.00 EDC Members - $50.00 Non-Members
Account Number: Exp Date
Signature:
Name as it appears on card:
Billing Address:
E-mail:
Complete and return this form h~' \\'larch 28, 2UO()
Fax: 239-263-6021 - Phone: 239-263-8989 - E-mail: beth@enaplesflorida.com
Economic Development Council of Collier County
3050 North Horseshoe Drive, Suite 120
Naples, Florida 34104
Agenda Item No. 16H2
March 28, 2006
Page 1 of 3
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Jim Coletta
FUNCTION/EVENT: Leadership Collier Class of 2006 Graduation.
PUBLIC PURPOSE: To support the leaders of tomorrow.
DA TE OF FUNCTION/EVENT: May 10, 2006
FISCAL IMPACT: $50.00 - Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Coletta to
attend function serving a valid public purpose.
PREPARED BY: Nancy Rosiak, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: March 28, 2006
.0..........
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16H2
March 28, 2006
Page 2 of 3
COLLIER COUNTY
BOARD Of COUNTY COMMISSIONERS
16H2
Commissioner Coletta requests approval for reimbursement for prepaying to attend a
function serving a valid public purpose. Commissioner prepaid to attend the Leadership
Collier Class O"r 2006 Graduation Ceremonies on May 10, 2006 and is requesting
reimbursement in the amount of $50,00, to be paid from his travel budget
3/28/2006900:00 AM
Date
Prepared By
Nancy Rosiak
Board of County
Commissioners
Executive Aide to the Bee
Bec Office
31131200610:05:58 AM
Dat&
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
Bee Office
3113/200610:08 AM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commiss.ioners
County Manager's Office
3/161200611:00 AM
From: Samantha Todd [mailto:stodd@napleschamber.org]
Sent: Monday, March 06, 20066:36 AM
To: ColettaJim
Subject: Leadership Collier Class of 2006 Graduation
Join us for the Graduation Ceremonies of the Leadership Collier Class of 2006
Wednesday May 10th 2006
6 p.m.-9 p.m.
Naples Beach Hotel And Golf Club
851 Gulf Shore Blvd. North
Agenda Item No. 16H2
March 28, 2006
Page 3 of 3
Dinner under the stars on the Ocean Lawn. Please RSVP to suzanne@napleschamber.org or call
(239) 403-2910.
$50 per person
Please R.S.V.P. by May 5, 2006 with check or credit card payment
Name - Commissioner Jim Coletta
Company - Co llier County Government
# Attending - One
Amount of check or charge $50.00
Name of Guest
Please make checks payable to The Leadership Collier Foundation
For Credit Card Information
Type: Visa MC ArnE x Discover
Account #
Expiration Date
Signature
Mail checks to:
Suzanne Willis
The Leadership Collier Foundation
2390 Tamiami Trail North, Suite 210
Naples, FL 34103
Agenda Item No. 16H3
March 28, 2006
Page 1 of 3
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Donna Fiala
FUNCTIONIEVENT: Marco Island Civil Air Patrol Celebration
PUBLIC PURPOSE: Guest Speaker
.-.
DATE OF FUNCTIONIEVENT: April 10, 2006
FISCAL IMPACT: $15.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board OfCOWlty Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner to attend
function serving a valid public purpose.
PREPARED BY: Kendra Hastings, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: 03/28/06
.-.
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD Of COUNTY COMMISSIONERS
161'3
Agenda 11 em No. 16H3
March 28, 2006
Page 2 of 3
Commissioner Fia!a requests Board approval for reimbursement to attend a function serving
a valid public purpose. To attend tne Marco Island Civil Air Patrol Celebration on April 10th,
2006 at the Marco Island Presbyterian Church: $15.00 to be paid from CommiSSioner Fiala's
travel budget
3/28/2006 9:00:00 AM
Date
Prepared By
Kathy Hlghbaugh
Board of County
Commissioners
Executive Aide to the BCe
Bce Office
3/21120063:08:50 PM
Sue Filson
Date
Approved By
Board of County
Commissioners
Executive Manager to the BCe
Bce Office
312212006 9:24 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
County Manager's Office
Date
312212006 1 :33 PM
(OMM" REe~ ISLAND COMPOSITE SQUADRON
'.
.. . R( CIVIL AIR PATROL
.; UNITED STATES AIR FORCE AUXILIARY .
P. O. BOX 225 J"
MARCO ISLAND Fl 34146-0225 ")
Agenda Item No. 16H3
.' March 28, 2006
Page 3 of 3
March 10, 2006
Donna Fiala
Collier County Commissioner
3301 Tamiami Trail E.
Naples, FL 34112
Dear Commissioner Fiala:
Thank you for accepting our invitation to attend our three-part celebration on April 10,
2006. We will celebrate twenty-five years of service by the Marco Squadron, witness the
Change of Command of our squadron, and recognize our members' accomplishments by
awarding ribbons, badges, and decorations.
We will assemble at 6:00 p.m. and have dinner around 6:30 p.m. We hope to be finished
by 8:30 p.m. If you need to leave after dinner we will understand.
Sincerely, 2
I-),~, /-;) faU L,~
~-/:;E(~, Commander
Marco Island Composite Squadron
)
~J5~
Agenda Item No. 16H4
March 28, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Commissioner request for Board approval for payment to attend function serving a valid
public purpose.
OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a
Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-4]0, the Board of County Commissioners
has determined that attendance at the functions of fraternal, business, environmental,
educational, charitable, social, professional, trade, homeowners, ethnic, and civic
association/organizations serves a valid public purpose, provided that said functions reasonably
relate to Collier County matters.
COMMISSIONER: Frank Halas
FUNCTION/EVENT: Naples Alliance for Children Annual Advocacy Dinner at Country Club
of Naples, 185 Burning Tree Drive, Naples, Florida
PUBLIC PURPOSE: Meet with regional officials regarding criminal activities in Southwest
,.-.. Florida,
DATE OF FUNCTIONIEVENT: April 5, 2006
FISCAL IMPACT: $35.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: that the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Frank Halas to attend
function serving a valid public purpose.
PREPARED BY: Sandra Lea
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: March 28, 2006
...,........
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16H4
March 28. 2006
Page'2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H4
Commissioner Halas request for Board approval for payment to attend function serving a
valid public purpose to attend Naples Alliance for Children Annual Advocacy Dinner on
Wednesday, Aprif 5. 2006; $35 to be paid from Commissioner Halas' travel budget
3/28120069:0000 AM
Date
A pp roved By
SUe FUson
Board of County
Commissioners
Executive Manager to the BCe
Bec Office
3122120069:19 AM
Approved By
Date
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
County Manager's Office
3122120061 :34 PM
Agenda Item No. 16tr! l ~
March 28, 20 \'\
Pa e 3 of
~.~ ,~ I') " .. ,,~. ,- .,
1")f\ 1, ; , d.i";il
.oaa rj ~1f Cp~,;w:~~ COTif'fli~s":..m'Ai
Invites you to our Annual Advocacy Dinner
Wednesday, April 5,2006
Country Club of Naples, 185 Burning Tree Drive
5:30 pm Silent Auction/Reception/Cash Bar
6:30 pm Dinner and Awards
Who Will Speak for the Children?
Speaker: Doug Molloy
Chief Assistant, U.S. Attorney for SW Florida
Doug Molloy has tried cases involving everything from militia-members to Washington,
D.C. influence brokers, to police corruption and now slavery cases.
He supervises and prosecutes complex criminal investigations and trials involving
organized crime, drug importation, white-collar fraud, slavery crimes prosecution,
public corruption, and civil rights prosecution.
FA MIL Y FRIENDL Y BUSINESS RECOGNITION
APPLE BLOSSOM AWARDS
For Information and Reservations
Call: 649-5260
Dinner & Program Cost: $35/person
Agenda Item No. 1611
March 28, 2006
Page 1 of 3
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
March 28, 2006
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
A. Clerk of Courts: Submitted for public record, pursuant to Florida
Statutes, Chapter 136.06(1), the disbursements for the Board of
County Commissioners for the period:
(1) February 25, 2006 through March 3, 2006.
B. Districts:
(1) Verona Walk Community Development District: Proposed
2006/2007 Fiscal Year Budget.
C. Minutes:
,...-
(1) Conservation Collier Land Acquisition Advisory Committee:
Minutes of February 13, 2006; Agenda of March 13, 2006
(2) Domestic Animal Services Advisory Committee: Minutes of
February 21, 2006.
(3) Lely Golf Estates Beautification MSTU Advisory Committee:
Agenda of March 16, 2006; Minutes of February 16, 2006.
(4) Historic & ArcheoloQical Preservation Board: Agenda of March
15, 2006; Minutes of February 15, 2006.
(5) Hispanic Affairs Advisory Board: Minutes of January 26, 2006.
(6) Golden Gate MSTU Advisory Committee: Minutes of February
14,2006; Agenda of March 14,2006.
(7) Radio Road Beautification MSTU Advisory Committee: Minutes
of January 17, 2006; Agenda of February 21,2006; Agenda of
March 21, 2006; Minutes of February 21, 2006.
.,,,,,-,,,
H:\DA T A \FRONT DESK - 2006\2006 Miscellaneous Correspondence\FORM BLANK MISC
CRSP .doc
Agenda Item No. 1611
March 28, 2006
Page 2 of 3
(8) Golden Gate Community Center Advisory Committee: Minutes
of March 6, 2006.
(9) Contractors' Licensinq Board: Agenda of March 15, 2006.
(10) Collier County Planninq Commission: Agenda of March 16,
2006; Minutes of December 20, 2005; Minutes of January 5,
2006; Minutes of Special Session (AUIR) of January 5, 2006;
Minutes of Special Session (AUIR) January 13, 2006; Minutes
of January 19, 2006
,..-..,
H:\DAT A\FRONT DESK - 2006\2006 Miscellaneous Correspondence\FORM BLANK MISC
CRSP.doc
Item Number:
Item Summary:
Meettng Oate:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1611
Agenda Item No. 1611
Maretl 28, 2006
P"ge 3 of 3
Miscelianeolls Correspondence to file for record With action as directed.
3128120069:0000 AM
Sam Tucker
Date
Prepared By
Board of County
Commissioners
Executive Aide to the BeC
Bee Office
3/2012006 1 :03:03 PM
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the Bee
Bce Office
Date
3/20/2006 1004 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
3/20/20062:55 PM
EXECUTIVE SUMMARY
Agenda Item No. 16J1
March 28,2006
Page 1 of 2
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS
AUTHORIZE THE CLERK'S OFFICE TO FILE THE STATE OF FLORIDA
ANNUAL LOCAL GOVERNMENT FINANCIAL REPORT FOR THE FISCAL
YEAR 2004-2005 AS REQUIRED BY FLORIDA STATUTE 218.32.
OBJECTIVE: To receive approval, including the execution of the Certification by the
Chairman of the Board of County Commissioners, to file the State of Florida Annual
Local Government Financial Report for the fiscal year 2004-2005 as required by Florida
Statute 218.32.
CONSIDERATIONS: As part of the annual audit, the Finance and Accounting
Department is responsible for completing and filing certain statutorily mandated reports.
Included in these reports is the Department of Financial Services, State of Florida Annual
Local Govennnent Financial Report. This report documents the revenues and
expenditures for a given fiscal cycle in accordance with the State of Florida Uniform
Accounting System. The report has been reviewed by the external auditors and found to
be in agreement with the Comprehensive Annual Financial Report presented to the Board
of County Commissioners on February 28,2006.
-
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: There are no legal considerations outside of the
statutory filing requirement.
FISCAL IMPACT: There is no fiscal impact.
RECOMMENDATION: That the Board of County Commissioners authorize the
Finance and Accounting Department to file the aforementioned report, in executed form,
with the Department of Financial Services.
.-.--.
Prepared By:
Reviewed By:
Crystal . Kinzel
Director of Finance and Accounting
Date: ~f/J~
Date: ~/,,{~
Date: 1'1.1'UJ0(.,
/
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16Jl
Agenda Item No. 16J1
March 28, 2006
Page 2 of 2
Recommendation that the BOClrd of County' Commissioners authorize the Clerk's Office to iile
the State of Florida Annual Local Government Financial Report for the Fiscal Year 2004-
2005 as required by Florida Statute 218.32. A copy of the Slate of Florida Annual Local
Government Financial Report for the Fiscal year 2004--2005 is available for viewing at the
Clerk of the Circuit Court's Finance and Accounting Office
3128120069:0000 AM
Approved By
J ames V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
313120067:03 PM
Agenda Item No. 16J2
March 28,2006
Page 1 of 2
EXECUTIVE SUMMARY
THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE THE
TRANSFER OF FUNDS COLLECTED UNDER ORDINANCE 04-42 TO THE
CLERK OF COURTS TO FUND THE SECOND YEAR OF THE COLLIER
COUNTY JUVENILE ASSESSMENT CENTER AGREEMENT WITH THE
DAVID LAWRENCE CENTER.
OBJECTIVE: To authorize the transfer of funds collected by the Court system to fund
the Juvenile Assessment Center. The Clerk of the Circuit Court is acting in a ministerial
capacity for the administration of the contract with the David Lawrence Center.
CONSIDERATIONS: The Collier County Juvenile Assessment Center Advisory
Committee has found that the David Lawrence Center's performance has been
satisfactory and desires to renew and extend the agreement for one year with the option to
further extend the agreement for an additional year.
On November 19, 2004 the Clerk of Courts, at the request of the Juvenile Justice
Advisory Committee entered into an agreement with the David Lawrence Center for
operations of the Juvenile Assessment Center. Under the terms of the original agreement
exists an annual option to renew for two additional years.
....-.......
The Board of County Commissioners authorized up to $61,700 in Fund 175 for fiscal
year 2005/06 operating expenses for the Collier County Juvenile Assessment Center.
FISCAL IMPACT: Funds are budgeted in the Juvenile Assessment Center Fund 175 in
the amount of$61,700. All funds expended in this program would come from the portion
of the $65 court costs collected, as mentioned above. This program has no impact on the
general fund.
RECOMMENDATION: That the Board of County Commissioners authorize the
transfer of funds collected through the Court system to fund the second year of the
Collier County Juvenile Assessment Center to the Clerk of the Circuit Court to be used
exclusively for the operation of the Juvenile Assessment Center.
Prepared by:
Raymond Milum, Clerk's Fiscal Operations Manager
~
Agenda Item No. 16J2
March 28, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number.
Item Summary;
16J2
Meeting Date:
Recommendation that the Board of County Commissioners authorize the transfer of funds
collected under Ordinance 04-42 to the Clerk of Courts 10 fund the second year of the Collier
County Juvenile Assessment Center Agreement with tt1e David Lawrence Center.
3128/20069:0000 AM
Prepared By
Kelly Jones
Senior Accountant
Date
Clerk of Courts
Finance
319/20061:14:28 PM
Approved By
Derek Johnssen
General Account Manager
Date
Cterk of Courts
Finance
319/20064:20 PM
Approved By
Crystal Kinzel
Director of Finance
Date
Clerk of Courts
Finance-
3f9!2006 4:36 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Ma nagement & Budget
3/14/20061 :59 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/1612006 1 :59 PM
Agenda Item No. 16K1
March 28, 2006
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment for Parcels 166A
and 166B in the lawsuit styled Collier County v. Juan Ramirez, et al., Case No.
02-5166-CA (Immokalee Road Project No. 60018). (Fiscal Impact $94,153.50)
OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final
Judgment for payment of full compensation for the taking of Parcels 166A and 166B in the
lawsuit styled Collier County v. Juan Ramirez, et a!., Case No. 02-5166-CA (Immokalee Road
Project 60018).
CONSIDERATIONS: The County acquired the subject property by depositing the sum of
$176,800.00 on May 23, 2003. The County and Respondent have negotiated a settlement of
$243,250.00 for full compensation for the taking of Parcels 166A and 166B. The settlement also
provides for direct access to Immokalee Road in the event of a future rezoning of the remainder
property to commercial and the conveyance of compensating right-of-way in that event. See
attached Stipulated Final Judgment. Supplemental attorney's fees, if any, appraiser and
engineering expert fees and costs remain outstanding.
If approved, the County will have the following costs:
_..
. Additional Compensation:
. Statutory Attorney's Fees*:
TOTAL:
$66,450.00
$27,703.50
$94,153.50
* Attorney's Fees are mandated by ~ 73.092, F.S., and are based on 33% of the total benefit
achieved, i.e., 0.33 x ($243,250 - $159,300).
FISCAL IMPACT: Funds in the amount of$94,153.50 are available in the Impact Fee District
1 reserves. A budget amendment is needed to transfer funds into the project. Source of funds are
Impact Fee District 1 reserves.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Stipulated Final Judgment as to Parcels 166A and 166B; and
2. Approve the attached budget amendment request; and
3. Approve the expenditure of funds as stated.
_" PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K1
March 28. 2006
Page 2 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16Kl
Recommendation to approve a Stipulated Final Judgment for Parcels 166A and 1666 in the
lawsuit styled Collier County v. Juan Ramirez, et aI., Case No. 02-5166.CA (Irnmokalee Road
Project No. 60018). (Fiscallmpaot $94,153.50)
3/28/20069:00:00 AM
Assistant County Attorney
Date
Prepared By
Ellen T. Chadwell
County Attomey
County Attorney Office
3110/20068:28:00 AM
Kevin Hendricks
Date
Approved By
Transportation Services
Right Of Way Acquisition Manager
TEeM.Row
3110120061:21 PM
Approved By
Najeh Ahmad
Triillnsportation Services
Director
Date
Transportation Engineering &
Construction Management
3/14120068:45 AM
Date
Approved By
Ellen T, Chadwell
County Attorney
Assistant County Attorney
County Attorney Office
3/14/2006 9:20 AM
Norm E. Feder, Alep
Date
Approved By
Transportation Services
Transportation Division Administrator
Transportation Services AdmIn,
3114120069:32 AM
Usa Taylor
Management/Budget Analyst
Date
A pp roved By
Transportation Services
Transportation Administration
3/14/20062:04 PM
Approved By
Sharon Newman
Transportation Services
Ac~ounting Supervisor
Date
Transportation Services Admin
3/14/20062:09 PM
David C. Weigel
County Attorney
Date
Approved By
County Attorney
County Attorney Office
3116120063:39 PM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
3/17120067:58 AM
Date
Approved By
Michael Smykowski
County Manager's Office
Mnnagement & Budget Director
Office of Management & Budget
31171200611:25 AM
County Manager
Date
Approved B:r
James V. Mudd
Board of County
Commissioners
County Manager's Office
3/17/2006 2:4a PM
Agenda Item No. 16K1
March 28, 2006
Page 3 of 9
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. 02-5166-CA
v.
Parcel No.: 166A, 166B
JUAN RAMIREZ, et al.,
Respondents.
/
STIPULA TED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by
and through its undersigned counsel, and Respondent, WALNUT FARMS, INC., by and through
their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel Nos. 166A and
166B 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, WALNUT FARMS, INC., and the Court being otherwise fully advised in the
premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondent, WALNUT FARMS, INC., have and
recover from Petitioner, COLLIER COUNTY, the sum of Two Hundred Forty-Three
Thousand Two Hundred Fifty and NollOO Dollars ($243,250.00) for Parcel Nos. 166A and
166B as full payment for the property interests taken and for damages resulting to the
remainders, if less than the entire property was taken, business damages, and for all other
damages in connection with said parcels; it is further
ORDERED that Petitioner will be entitled to a credit for the good faith estimate of value
previously deposited for both parcels in the aggregate amount of $176,800.00; it is further
1
Agenda Item No. 16K1
March 28, 2006
Page 4 of 9
ORDERED that the Court reserves jurisdiction to award expert witness fees and costs,
including attorney's fees for supplemental proceedings, if any, as it relates to Parcel Nos. 166A
and 166B; it is further
ORDERED that Respondent, WALNUT FARMS, INC., will recover attorney's fees in
the amount of Twenty-Seven Thousand Seven Hundred Three and 50/100 Dollars
($27,703.50), pursuant to s. 73.092, Fla. Stat., and based on a total benefit obtained for both
parcels of $83,950.00. This fee includes all monetary and non-monetary benefits fees, and no
other attorney's fees will be awarded except for supplemental fees; it is further
ORDERED that Petitioner, COLLIER COUNTY, shall pay Respondent, WALNUT
FARMS, INC., a combined total of Ninety-Four Thousand One Hundred Fifty-Three and
50/100 Dollars ($94,153.50) within 30 days hereof, made payable to ROETZEL & ANDRESS
TRUST ACCOUNT, C/o Kenneth A. Jones, Esq., Roetzel & Andress, 2320 First Street, Ste.
1000, Ft. Myers, Florida, 33901-3419, for proper disbursement in accordance with this order; it
is further
ORDERED that Petitioner, after proper application and review, will permit an access
connection to Immokalee Road in the event the 12-acre remainder property to Parcel 166B (Folio
No. 3759768003, 37599440005, and 37599360004) is rezoned from its current residential use to
a more intense use. The width and type of the access connection, the requirement of a
deceleration lane, and other specifics will be determined at time of application. In the event a
deceleration lane is required, the Respondent will provide Petitioner with compensating right-of-
way through the conveyance of property of the same size and contiguous to the southern
boundary of Parcel 1668, at no cost to the Petitioner. The reference to access connection shall
not be construed to include any traffic control features, such as median openings, or to require
that a two-way connection be permitted; it is further
2
Agenda Item No. 16K1
March 28, 2006
Page 5 of 9
ORDERED that nothing contained herein shall be construed as supporting any rezoning
action on the remainder property; it is further
ORDERED that title to Parcel Nos. 166A and 166B in fee simple, being fully described
in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to
the Order of Taking dated May 23, 2003, and the deposit of money heretofore made, are
approved, ratified, and confirmed; it is further
ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in
Official Record Book 3178, Page 2193 of the Public Records of Collier County, Florida be
dismissed as to Parcel Nos. 166A and 166B; and it is further
ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall disburse
the interest earned on the funds on deposit to Collier County Board of County Commissioners,
clo Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney, 3301 East
Tamiami Trail, Naples, Florida, 34112, in the amount of $
in accordance with
Section 28.33, F.S.; 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, Collier County, Florida, this _ day of
,2006.
TED BROUSSEAU
CIRCUIT COURT JUDGE
Conformed copies to:
Ellen T. Chadwell, Esq.
Kenneth A. Jones, Esq.
Corneast Cablevision of the South, Inc., a Colorado Corp.
E. Glenn Tucker, Esq.
Bookkeeping
3
Agenda Item No. 16K1
March 28, 2006
Page 6 of 9
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The Parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment as to Parcels 166A and 166B and state as follows:
1. Petitioner has agreed that an access connection onto Immokalee Road from the
remainder property to Parcel 166B would be permitted if the property is rezoned in the future
from a residential use to a more intense use. The undersigned parties recognize that this
agreement is not intended to support the rezoning of the remainder property or commit the
County to any specific type of access. The exact nature and specifications of any future access
connection to Immokalee Road will be determined at the time of Respondent's application.
Dated:
Dated:
EllEN T. CHADWEll., ESQ~
Florida Bar No. 0983860
COUNTY ATIORNEY'S OFFICE
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
A TIORNEY FOR PETITIONER
COLLIER COUNTY
KENNETH A. JONES, ESQUIRE
Florida Bar No. 200158
ROETZEL & ANDRESS
2320 1 sl Street, Suite 1000
Fort Myers, FL 33901-2904
(239) 338-4206
(239) 337-0970
ATIORNEY FOR RESPONDENT
WALNUT FARMS, INC.
4
FEE SrMPLE INTEREST
PARCEL#166A
r'
-
IMMOKALEE ROAD
- S.R. 846
85
WAL~~~t 't~~'o~fT\ON
A D5.~ 1618, PGS. 3-4
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Descrfptlon:
The Northerly 79.43 feet of Tract 100, and Tract
85, Golden Gate Estates, Unit 20, as Recorded In
Plat Book 7. Page 80, of the Public Records of
Collier County, Florida. Containing 1.205 acres, more
or less. N
Age"da J~~~~J:
, 100
A D~t~~~~l ~~~'o~J1\ON
O.R. 2352. PG. 992
':q-
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o
....
"en
r
o
o
(f)
Notes:
1. Th1s Is not a survey.
2. BasIs, of bearing Is
plat.
3. Subject to easements.
reservations and
restrictions of record.
4. All dImensions are plat
unless otherwise noted.
:J.... ,
7iJ( l'? :'~I~.'"' '.'
, ~ ,
. :..>-'
-
DAVID J. Y . P. . (FOR !HE.',F1RM)
FlA. UC. N .. 583 .,". ~.- ..
NOT VAUD W1lH . '(HE SlGW;ruRE AND
THE ORIGINAL RAISED :-SEAl 'OF.A FLORIDA
UCENSED SURVEYOR AND MAPPER
SKETCH AND DESCRIPTION
WILKISON 8c
ASSOCIATES
INC. .
ENGINEERS. SURVEYORS AND PlANNERS
3506 EXCHANGE AVE. NAPLES, FLA 34104
(941) 643-2404 FAX NO. (941) 643-5173
FLORIDA BUSINESS UCENSE NO. LB5770
SCALE SEe/SUB W.O. NO. DRAWN BY FILE NAME
~
o
50 100 150
AS NOTED GGE 2p 0014.1
EAW
00-018-00.DWG
DATE
10/01
SHEET
OF, 1
Fe PG CHECKED BY
DJH
DWG. NO.
IR-L-166A
.J
r
FEE SIMPLE INTEREST
PARCEl.#166B
IMMOKALEE ROAD
S.R. 846
~
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.-
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o
(fl
117
D~tk~~~: ~~~'O~~ON
A O.R. 1550, PG. 1364-
Description:
AgendaTfem--WO:- i 6K I
Mar~h~~T1L
r.:LofA
140
o~t~~~~l ~~~'O~AC-nON
A O.R. 1550, PG. 1364-
N
The Northerly 362.98 feet of Tract 117. and the
Northerly 89.06 feet together with the Southerly
10.00 feet of the Northerly 99.06 feet of the
Easterly 130.37 feet, of Tract 140, Golden Gate
Estates, Unit 20. as Recorded in Plot Book 7, Page
80, of the Public Records of Collier County, Florida.
Containing 3.459 acres, more or less.
b
0>
c;;
to
~
.
o
~
m
r
o
o
(fl'
~
o 50 100 150
Notes:
1. This is not a survey.
2. Basis of bearing is plat.
3. Subject to easements,
reservations and restrictions of
record.
4. All dimensions are plat unless
otherwise noted. .-
<<',\' :J:d-~r.
. . '."
, P.
FlA. UC. N 58
NOT VAUO WI . lHE-SIGNAtuRE AND
THE ORIGINAL RAISED' SEAL OF A FLORIDA
UCENSED SURVEYOR AND I.lAPPER
SKETCH AND DESCRIPTION
WILKISON &
ASSOCIATES
INC..
ENGINEERS, SURVEYORS AND PLANNERS
3506 EXCHANGE AVE. NAPLES, FlA. 34104
(941) 643-2404 FAX NO. (941) 643-5173
FLORIDA BUSINESS UCENSE NO. L85770
SEC/SUB W.O. NO. DRAWN BY FlLE NAME
SCALE
EAW
00-018-000.DWG
AS NOTED GGE 20 0014.1
FB PG CHECKED BY
DWG. NO.
DAlE
10/01
SHEET
OF 1
DJH
. IR-L-1668
J
Agenda Item No. 16K2
March 28, 2006
Page 1 of 12
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement and Stipulated Final
Judgment for Parcel No. 126 in the lawsuit styled Collier County v. North Naples Fire
Control & Rescue District, et al., Case No. 02-1702-CA (Goodlette-Frank Road Project
60134). (Fiscal Impact $210,980.43)
OBJECTIVE: That the Board of County Commissioners approve the Mediated
Settlement Agreement and Stipulated Final Judgment for payment of full compensation for the
taking of Parcel No. 126 in the lawsuit styled Collier County v. North Naples Fire Control &
Rescue District, et al., Case No. 02-1702-CA (Goodlette-Frank Road (Project 60134).
CONSIDERATIONS: On November 8, 2001 staff offered the Respondent, North Naples
Fire Control & Rescue District, $69,250, which was rejected. The County acquired the subject
property by entry of an Order of Taking dated September 12,2002 and by depositing the sum of
$162,350. At mediation, the County and Respondent negotiated the proposed settlement of
$283,521 as full compensation for the taking of Parcel No. 126. In addition, the mediated
settlement provides for payment of attorney's fees and some expert fees and costs in this case.
(Additional expert witness fees and costs remain.) The mediated settlement agreement also
provides that representatives of the County and the Respondent will meet to discuss the terms
and conditions of a proposed joint use of property located at the southeast corner of Vanderbilt
Beach Road and Logan Boulevard, and any other potential joint use locations; that County will
amend the lease agreement for the Pelican Bay Fire Station to delete the clause providing for
lease termination upon ninety (90) days written notice; and that Respondent will amend all other
existing lease agreements between Respondent and the County for the use of Respondent's
facilities for County EMS purposes, to delete the provision allowing Respondent's termination of
the lease upon ninety (90) days written notice.
If approved, the County will pay the following costs:
.
.
.
.
Additional Compensation:
Engineering Expert Witness Fees:
Architectural Consultant Expert Witness Fees
Statutory Attorney's Fees*:
TOTAL
$121,171.00
$ 15,000.00
$ 4,100.00
$ 70.709.43
$210,980.43
* Attorney's Fees are mandated by s. 73.092, FS, and are based on 33% of the difference
between any settlement amount and the initial offer, i.e., 0.33 x ($283,521.00 - $69,250).
Attached are the Mediated Settlement Agreement and Stipulated Final Judgment.
,."'.......
FISCAL IMPACT: Funds in the amount of$210,980.43. are available in the FY 2006 adopted
budget. Source of funds are Impact Fees and/or Gas Taxes.
Agenda Item No. 16K2
March 28, 2006
Page 2 of 12
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDA TION: That the Board of County Commissioners:
1. Approve the Mediated Settlement Agreement and Stipulated Final Judgment as to
Parcel No. 126;
2. Approve the expenditure of funds as stated;
3. Authorize staff to carry out the obligations contained in the Mediated Settlement
Agreement.
PREPARED BY:
Ellen T. Chadwell, Assistant County Attorney
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K2
March 28, 2006
Page 3 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K2
Recommendation to approve a Mediated Settlement Agreement and Stipulated Final
Judgment for Parcel No 126 in the lawsuit styled Collier County v. North Naples Fire Control
& Rescue District, at a!., Case No. 02~1702.CA (Goodlette.Frank Road Project 60134),
(Fiscal Impact $210,980.43)
3128120069:00:00 AM
Date
Prepared By
Ellen T. Chadwell
County Attorney
Assistant County Attorney
County Attorney OffIce
31141200612:11:43 PM
Date
Approved By
Ellen T. Chadwell
County Attorney
Assistant County Attorney
County Attorney Office
3!14/2006 12:34 PM
Usa Taylor
Date
Approved By
Transportation Services
Management/Budget Analyst
Transportation Administration
3/14/2006 2:03 PM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Services Admin
3/1412006 3:39 PM
Date
Approved By
Najeh Ahmad
Transportation Services
Director
Transportation Engineering &
Construction Management
3/14/2006 4;26 PM
Norm E. Feder, Alep
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
3/14120065:19 PM
Approved By
Kevin Hendricks
Transportation Services
Right Of Way Acquisition Manager
Date
TEeM-ROW
3t14J2006 6:20 PM
Date
Approved By
David C. Weigel
County Attorney
County Attorney
County Attorney Office
3116/2006 3:42 PM
Date
Approved By
OMB Coordinator
County Manager'g Office
Administrative Assistant
Office of Management & Budget
3/17/20068:14 AM
Date
Appro,,'cd By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
3/171200611 :09 AM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager's Office
3117/20066:07 PM
Agenda Item No. 16K2
March 28, 2006
Page 4 of 12
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.: 02-1702-CA
PARCEL: 126
vs.
NORTH NAPLES FIRE CONTROL
& RESCUE DISTRICT, et al.,
Respondents.
/
STIPULA TED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and
through its undersigned counsel, and Respondent, NORTH NAPLES FIRE CONTROL &
RESCUE DISTRICf, by and through its undersigned counsel, for entry of a Stipulated Final
Judgment as to Parcel No. 126, 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, NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT,
and the Court being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondent, NORTH KAPLES FIRE CONTROL &
RESCUE DISTRICT, have and recover from Petitioner, COlLIER COUNTY, FLORIDA, the sum
of Two Hundred Eighty-Three Thousand Five Hundred Twenty.One and No/100 Dollars
($283,521.00) for Parcel No. 126 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; it is further
Agenda Item No. 16K2
March 28, 2006
Page 5 of 12
ORDERED that Petitioner is entitled to a credit in the amount of the good faith deposit of
$162,350, which has been withdrawn; it is further
ORDERED that Respondent, NORTH NAPLES FIRE CONTROL & RESCUE
DIS1RICT, shall receive as engineering expert witness fees the sum of Fifteen Thousand and
No/tOO Dollars ($15,000.00); it is further
ORDERED that Respondent, NORTH NAPLES FIRE CONTROL & RESCUE
DISTRICT, shall receive as architectural consultant expert witness fees the sum of Four Thousand
One Hundred and No/lOO Dollars ($4,100.00); it is further
ORDERED that Respondent, NORTH NAPLES FIRE CONTROL & RESCUE
DISTRICT, receive from Petitioner as a reasonable attorney's fee the sum of Seventy Thousand
Seven Hundred and Nine and 43/100 Dollars ($70,709.43). Except as provided herein, no
further attorney's fees or other costs shall be awarded in connection with the above-styled cause of
action as it relates to Parcel No. 126; it is further
ORDERED that within thirty (30) days of the date of this Stipulated Final Judgment,
Petitioner shall pay an additional Two Hundred Ten Thousand Nine Hundred Eighty and
431100 Dollars ($210,980.43), made payable to Cardillo, Keith & Bonaquist Trust Account, c/o
John P. Cardillo, Esquire, 3550 E. Tamiami Trail, Naples, FL 34112, for disbursement of
compensation and costs in accordance with this final judgment; it is further
ORDERED that the Court retains jurisdiction to award reasonable expert witness fees,
including Erickson Appraisers, Inc., and Gen-Con, Inc., and attorney's litigation costs; it is further
ORDERED that title to Parcel No. 126, a fee simple interest, being fully described in
Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the
Order of Taking dated September 12,2002, and the deposit of money heretofore made, is approved,
ratified, and confirmed; it is further
Agenda Item No. 16K2
March 28, 2006
Page 6 of 12
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 County, Florida be
dismissed as to Parcel No. 126; it is further
ORDERED that the terms of the Mediated Settlement Agreement attached hereto as Exhibit
"B" are incorporated herein; and 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, Collier County, Florida, this
day of
,2006.
TED BROUSSEAU
CIRCUIT COURT JUDGE
conformed copies to:
Ellen T. Chadwell, Esquire
John P. Cardillo, Esquire
Brian R. Brattebo, Esquire
Robert D. Pritt, Esquire
Thomas C, Palmer, Esquire
E. Glenn Tucker, Esquire
Kevin Hendricks, Acquisition Mgr.ffransp.
Bookkeeping
Agenda Item No. 16K2
March 28, 2006
Page 7 of 12
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The Parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment as to Parcel 126.
Dated:
JOHN P. CARDILLO, ESQUIRE
Florida Bar No. 146078
Cardillo, Keith & Bonaquist
3350 East Tamiami Trail
Naples, FL 34112-4999
(239) 774-2229 - Phone
(239) 774-2494 - Facsimile
ATTORNEY FOR RESPONDENT, NORTH
NAPLES FIRE CONTROL & RESCUE DISTRICT
Dated:
ELLEN T. CHADWEL~QUIRE
Florida Bar No. 0966770~
Assistant County Attorney
3301 East Tamiami Trail, 8th Floor
Naples, Florida 34112
(239) 774-8400 - Phone
(239) 774-0225 - Facsimile
A TIORNEY FOR PETITIONER
AND:
CRAIG B. WILLIS, ESQUIRE
Florida Bar No.
Fixel, Maguire & Willis
211 S. Gadsden Street
Tallahassee, FL 32301
A TIORNEY FOR PETITIONER
,PROJECT NO. 69134
PROJECT PARCEL NO,: 126
TAX PARCEL NO. : OO'1-!..\02-b<lOl)Q
No. 16K2
h 28, 2006
ge8of12
I'fN6 RtDCJ4 COIiIIIClJoII ".1IJl.
lUA. OIlWLalllC.
"It 1II1.fIO. f4IZ
---
fW'1WLa....
OJL ..t,N.""
........,.-
....-
93.07'
587'Jll'29"E
PIN~ R/DG~ ROAD
(OOUHlY ROAIl NO. 89B)
---
--
POII>f1' OF B
1Nt 'OUTHUs.1 CQRNUt OF
lNE 1OU1HID1 ClUNI'lQ OF
srCJlON '0-41-11
GRAPHIC SCALE
20Q' 0' 100' 200'
~~
( IN FEET j
1 inch = 200 11.
i
NO res:
1. THIS IS NOT A SURVEY.
2. eEARlNGS SHO~ HEREON ARE eASED ON
111E SOUTH LINE Of' SECTION 10 WHICH
HAS A SEARING Of' N. 89'32'12" E.
3. SUBJECT TO EASEMENTS, RESERVATIONS
ANll RESTRlcnONS OF RECORD.
4. NOT VAUr> \\11HDUT SHEET 2 OF 2.
EXHIBIT
I A
FEE SIMPLE INTEREST
LEGEND:
O.R. INDICATES OFFICtAl RECORDS
P.K. INDICATES PARKER-KALON
P.C.P. INDICATES PERMANENT CONTROL POINT
E".
(For Flrm lBle.2)
Prof.u1an Lgnd Surw)'Gl"
Florldo Cartlllcat. Na. 5385
Dolo SI~nod: \"l.k"'~-:."'''(
Not ""lid wlthout . lInotur. and 1M ori9lnal ral..d "
.eal of a Aorld<l Uoan.... Surv~r and Mapp.r,
SKETCH AND DESCRIPTION
SECTION 10, TOWNSHIP 49 SDUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
JOHNSON ENGINEERING. INC.
ENGINEERI. IUIlYEWIIlI AIIl) ECOLOOlm
6-01
-
1OF2
-
No. 16K2
EXHIBIT ~r h 28, 2006
PII88:::l ot-1:..-P ge 9 of 12
PROJECT NO. : 60134-
PROJECT PARCEL NO.: 125
TAX PARCEL NO. : DDz..o{l)'1..000C:> a
DESCRIPTION: PARCEL 126
A PARCEL OF LAND LOCATED IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER CDUNTY. FLORIDA. AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF
SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA AND RUN NORTH 89'32'12" EAST ALONG THE SOUTH LINE OF SAID
SECTION 10, A DISTANCE Of 778.60 FEET; THENCE RUN NORTH 00'27'48"
WEST, A DISTANCE OF 57.60 fEET TO THE POINT OF BEGINNING ON THE
NORTHERLY RIGHT-Of-WAY LINE Of PINE RIDGE ROAD (COUNTY ROAD NO.
696); FROM SAID POINT OF BEGINNING RUN NORTli OO'46'24~ WEST ALONG
THE WEST LINE OF THAT PARCEL OF" LAND AS RECORDED IN OFFICIAL .
RECORDS BOOK 1623, PAGE 818 Of THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, A DISTANCE OF 29.07 FEET; THENCE RUN SOUTH
73'07'24" EAST, A DISTANCE OF 24.62 fEET; THENCE RUN SOUTH 88'55'50'
EAST, A DISTANCE OF 51.54 FEET; THENCE RUN SOUTH 87'38'29" EAST, A
DISTANCE OF 9.3.07 FEET; THENCE RUN SOUTH 87'0"33" EAST, A DISTANCE
OF 22.14 FEET TO AN INTERSECTION WITH THE EAST LINE OF TliE PARCEL
OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 1623, PAGE 818;
THENCE RUN SOUTH 00'46'24" EAST ALONG SAID EAST LINE, A DISTANCE
OF 17.4-7 FEET TO TIiE SAID NORTliERl Y RIGHT-Of-WAY LINE OF PINE
RIDGE ROAD; THENCE RUN NORTH 89'33'10" WEST ALONG SAID NORTIiERL Y
RIGHT-Of-WAY LINE, A DISTANCE OF 190.04 FEET TO THE SAID POINT OF
BEGINNING.
CONTAINING 0.091 ACRES Of LAND, MORE OR LESS.
)
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FEE SIMPLE INTEREST
SKETCH AND DESCRIPTION
SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
JOHNSON ENGINEERING. INC.
IHCIIIIUftl. IURYIm>U AHD ICOLOlIITI
-
-
?fY>?
8-01
'.
.. ,
Agenda Item No. 16K2
March 28, 2006
Page 10 of 12
IN TIlE CIRCUIT COUR'POF TIIE TWENTIETII JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA.
CIRCUIT CIVIL DNISION
EXHIBIT
Page I
\~f? k
of 3
COUJER COUNTY, FLORIDA, a
political subdivision of the State of F1orida,
Petitioner,
ease No.: 02-1702-CA
v.
Parcel No.: 126
NORTII NAPLES FIRE CONTROL
&RESCUEDISTRlCT, et aI.
Respondents.
/
MEDIA TED SETTLEMENT AGREEMENT
At the Mediation Conference held on March' 2, 2006, the parties reached the
following Settlement Agreement:
1. Petitioner will pay to Respondent, North Naples Fire Control and Rescue
District, the sum of $283,521.00 in full settlement of all claims Jor compensation from
Petitioner whatsoever, including statutory interest, but excluding attorney's and experts'
fees and costs. Said sum will be subject to claims for apportionment, if any.
2. Petitioner is entitled to a credit in the amount of $162,350.00 which was
previously deposited in the Registry of the Court in this case by Petitioner, and has been
withdrawn.
3. Counsel for Petitioner and Respondent will jointly submit to the Court for
signature a mutually approved Stipulated Pinal Judgment in this matter as soon as
practical hereafter.
, '.
.. . .
Agenda Item No. 16K2
March 28, 2006
Page 11 of 12
4.
Petitioner will pay Respondent the balance due of $121,171.00 within
thirty days of the actual date of receipt by Petitioner's counsel of a conformed copy of the
aforesaid Stipulated Fmal Judgment from the Court.
5. Collier County will pay $70,709.43 in full payment of any and all attorney's
fees, including monetary and non-monetary benefits a.."1d supplemental attorney's fees, if
any.
6. Collier County will pay the following experts' costs: David May - $ 15,000,
for engineering work on this parcel; David Acomb - $4,100, for his architectural
consulting work on this parcel.
7. The Court will retain jurisdiction to deternrine apportionment issues, if
any, and to determine Erickson Appraisers. Inc.' s fees and attorney litigation costs.
8. .TItis Set"Jement Al:jleement is subject to review and approval by the Board
of County Commissioners of Collier County and the North Naples Fire Control and
Rescue District.
9. Collier County and Fire District representatives will meet to discuss the
terms and conditions of a proposed joint use of the property located at the Southeast
corner of Vanderbilt Beach Road and Logan Boulevard, and any other potential joint use
locations.
10. The Petitioner, Collier County, agrees as part of the mediated settlement
agreement to amend the lease agreement, dated May 10, 1994, for Fire Station No. 44.
known as the Pelican Bay Station, to delete the provision in Article 2 of the lease,
providing for the lease to be terminated upon ninety (90) days written notice.
EXHIBIT
Page 2
""B!(
of ?
t ".
.
Agenda Item No. 16K2
March 28, 2006
Page 12 of 12
11. The Responqent, North Naples Fire Control & Rescue District, agrees as
part of the mediated settlement agreement to amend all other existing lease agreements
between the Respondent and the Petitioner for the use of Respondent's facilities for
County EM:S purposes, to delete the provision in each of said leases that allows the
Respondent to terminate the lease upon !'inety (90) days written notice.
12. This Agreement, dated March 2, 2006, contains all of the agreements of
the parties.
EXHIBIT -" 8 "
Pa~ s -of s
-
Agenda Item No. 16K3
March 28, 2006
Page 1 of 2
Executive Summary
Recommendation that the Board of County Commissioners Authorize the County
Attorney's Office to Make a Business Damage Offer to Settle a Claim for Business
Damages by Golden Gate Nursery, Inc. Resulting from the Acquisition of Parcel 140 in the
Case Styled Collier County v. Rosa A. Hernandez, et al., Case No. 05-1033-CA (CR 951,
Collier Boulevard, Project No. 65061) (Fiscal Impact, if accepted is $162,500)
OBJECTIVE: Authorize the County Attorney's Office to make an offer to settle a claim for
business damages associated with the acquisition of Parcel 140 in the case styled Collier County
v. Rosa A. Hernandez, et ai., Case No. 05-1033-CA.
CONSIDERATIONS: An Order of Taking was entered on September 7, 2005 in Collier County
Circuit Court regarding the acquisition of Parcel 140 for the CR 951 Project. On September 16,
2005, the County deposited with the Court the good faith estimate of value in the amount of
$183,300 for the aforementioned parcel in accordance with the Order of Taking. On December
5, 2005, the County received a business damage claim in an amount ranging from $770,000 to
$848,000 on behalf of Respondent, Golden Gate Nursery, Inc. Pursuant to statute, the County
must respond within 120 days with an acceptance, rejection or a counter-offer, and negotiate in
good faith. If the County rejects the offer or fails to respond, and the owner recovers a business
damage award, the County must pay the owner's attorney's fees at a percentage of the business
damage aware, which will vary, depending on the size of the award, from 20 to 33%.
The County has retained an outside expert for purposes of evaluating the business damage claim
and recommends, based on the expert's review, that an offer be made in the amount of$162,500.
FISCAL IMPACT: Funds in the amount of $162,500 are available from the Transportation
Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees.
GROWN MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners:
I. authorize the County Attorney's Office to make a business damage offer pursuant
to Statute;
2. approve the expenditure of the funds as stated, in the event such offer is accepted;
and
3. direct the County Attorney's Office to prepare a settlement reflecting resolution
ofthe business damage claim in this case, if the offer is accepted.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K3
March 28, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K3
Recommendation that the Board 01 County Commissioners Authorize the County Attorneys
Office to Make a Business Damage Offer to Settle a Claim for Business Damages by Golden
Gate Nursery, Inc. resulting from the Acquisition of Parcel 140 in the Case Styled Collier
County v. Rosa A. Hernandez. et al., Case No. OS-1033-CA (CR 951. Collier Boulevard,
Project #65061) (Fiscal Impact, if accepted is $162,500)
3/28/20069:0000 AM
Assistant County Attorney
Date
Prepared By
Ellen T. Chadwell
County Attorney
County Attorney Office
3114120068:32:14 AM
Norm E, Feder, AICP
Transportation Division Administrator
Date
Approved By
Transporlatil)n Services
Transportation Services Admin.
3/14/20069:44 AM
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Approved By
Transportation Services
TEeM-ROW
3/141200610:24 AM
Lisa Taylor
Management/Budget Analyst
Date
Approved By
Transportation Services
Transportation Administration
3/141200611 :10 AM
Approved By
Accounting Supervisor
Date
Sharon Newman
Transportation Services
Transportation Services Admin
3/14/20062:27 PM
Nlljeh Ahmad
Director
Date
Approved By
Transportation Se-rvicf.ls
Transportation Engineering &
Construction Management
3/14120064:28 PM
David C. Weigel
County Attorney
Date
Approved By
County Attorney
County Attorney Office
3/16/20064:18 PM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
3/17/20068:04 AM
Management & Budget Director
Date
Approved By
Michael Smykowski
County Manager's Office
Office of Management & Budget
3/17/200611:04 AM
James V, Mudd
County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
3117/20066:01 PM
Agenda Item No. 16K4
March 28, 2006
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation that the Board of Collier County Commissioners approves a
Release and Satisfaction of Lien for 2642 44th Terrace SW, Naples, for any claim of
lien arising out of Code Enforcement Board Case No. 2006-04.
OBJECTIVE: That the Board of County Commissioners approves execution and
recording ofa Release and Satisfaction of Lien for 2642 44th Terrace SW, Naples, for any
claim of lien arising out of the Code Enforcement Board Findings of Fact, Conclusions of
Law and Order of the Board dated February 27, 2006, and recorded in the Public Records
of Collier County.
~,...._~
CONSIDERATIONS: Code Enforcement Board Case No. 2006-04 involves the failure
to obtain all required Collier County building permits, inspections and the Certificate of
Occupancy for a garage conversion at 2118 44th Street SW, Naples. County records
indicate that this garage conversion was completed in 1979. The citation(s) have been
issued against the current owners, Russell W. and Kaydee L. Tuff, and the above-
referenced Order allows them to either obtain the required permits by August 22,2006, or
return the garage to its legal conforming state. In the interim, however, Mr. and Mrs.
Tuff wish to sell their property at 2642 44th Terrace SW, but are unable to convey clear
title due to this Code Enforcement Board Order. There is no known code violation on this
property.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Release and Satisfaction of Lien applies
only to 2642 44th Terrace SW and preserves any claim of lien the Code Enforcement
Board may have against any other property owned by Mr. and Mrs. Tuff arising out of
the February 27, 2006 Order. Additionally, the County Attorney's Office has approved
the attached Release and Satisfaction of Lien for legal sufficiency.
STAFF RECOMMENDATION: That the Board of County Commissioners approves
the execution and recording of the proposed Release and Satisfaction of Lien for 2642
44th Terrace SW, Naples.
PREPARED BY:
Jeffrey A. Klatzkow, Assistant County Attorney
....-...,
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K4
Agenda lIem No. 16K4
March 28. 2006
Page 2 016
Recommendation thai the Board of Collier County Commissioners approves a Release and
Satisfaction of Lien for 2642 44th Terrace SW, Naples, for any claim of hen arising oul of
Code Enforcemen: Board Case No. 2006w04
3/28/20069.00:00 AM
Date
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
County Attorney Office
3/21120063:59 PM
Date
Approved By
David C. Weigel
County Attorney
County Attorney
County Attorney Office
3121120064:01 PM
Dete
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
County Manager's Office
3/22/20064:48 PM
Agenda Item No. 16K4
March 28. 2006
Page 3 of 6
This instrument prepared by and kindly record and return to:
Code Enforcement Department
2800 N. Horseshoe Drive
Naples. Florida 34112
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
This is to certify that any claim of lien arising out of the Code Enforcement Board
Findings of Fact, Conclusions of Law and Order of the Board dated February 27, 2006, a
certified copy of which was recorded in O.R. Book 3989 Pages 3763, et seq., on February 28,
2006, of the Public Records of Collier County, Florida, against the following described real
property, owned by Russell W. Tuff and Kaydee C. Tuff, husband and wife, has been
discharged in full as to the following property
The real property located at 2642 44th Terrace SW, Naples, Florida, more
specifically described in the deed recorded in Official Record Book 2551, Pages
0194 et seq., of the Public Records of Collier County.
Folio No. 35997160002
Reference: CEB No. 2006-04
The undersigned is authorized to and does hereby release this lien as to the whole of the
above-described real property only, owned by Russell W. Tuff and Kaydee C. Tuff, husband
and wife, and with respect to such parcel consents to this lien being discharged of record.
With respect to any other property owned by Russell W. Tuff and Kaydee C. Tuff (aIkIa
Kaydee L. Tuff), any lien arising out of the above-referenced Order remains in full force
and effect.
Dated this
day of
,2006.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRANK HALAS, CHAIRMAN
Jeffrey A. Kl atzko
Assistant County Atto
Agenda Item No. 16K4
March 28, 2006
Page 4 of 6
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
'COLLIER COUNTY, FLORIDA,
Petitioner,
CEB NO. 2006-04
3792975 OR: 3989 PG: 3763
DCOIDID in OPlICIlL RICOlDS of COLLIn coum, PL
02/28/2006 at 02:50PI DWIGHt I. BROCE, CLBRI
RlC DB 27.00
vs.
RUSSELL W. AND KA YDEE L. TUFF,
Respondents
Retn:
COOl BIPOIClIBIT
InlROPPICI
ATTI: SHIILBY GARCIA
FINDINGS OF FACT. CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
/
THIS CAUSE came on for public hearing before the Board on February 23, 2006, and the Board, having heard
testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its
Findings of Fact, Conclusions of Law, and Order of the Board, as follows:
FINDINGS OF FACT
1. That RUSSELL W. AND KA YDEE L. TUFF are the owners of the subject property.
2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the
Respondents, having been duly notified, failed to appear at 1he public hearing.
3. That the Respondents were notified of the date of bearing by certified mail and by posting.
4. That the real property located at 2118 44th Street South West, Naples, Florida, Folio Number
35751800003, more particularly described as Lot 8, Block 28, GOLDEN GATE, UNIT NO.2, Plat Book 5, Pages
65 through 77 of the Public Records of Collier County, Florida, is in violation of Collier County Ordinance 04-41,
the Collier County Land Development Code, as amended, sections 1O.02.06(B)(l)(a), 10.02.06(B)(1)(d),
1O.02.06(B)(l)(d)(i) in the following particulars:
The prohibited conversion of a garage into living space with the required Collier County Building Permits.
ORDER OF TIIE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law, and to the authority granted in
Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED:
That the violations of Collier County Ordinance 04-41, the Collier County Land Development Code, as
amended, sections 1O.02.06(B)(I)(a), 1O.02.06(B)(I)(d), 1O.02.06(B)(1)(d)(i) be corrected in the following manner:
1. By obtaining all required Collier County Building Permits for the garage conversion and all required
OR: A~Q ItM ~o3w
'fvia"r~ 28, ~Clb1l
Page 5 of 6
inspections, including the Certificate of Occupancy, or return the area back to its legal conforming state (a garage)
within 180 days (August 22,2006);
2. That if the Respondents do not comply with paragraph 1 of the Order of the Board within
180 days (August 22, 2006), then there will be a fine of $25 per day for each day that the violation continues past
that date.
3. That the Respondents are to notify Code Enforcement officials that the violation has been abated
and request the Investigator to come out and perform the site inspection.
4. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this
case.
Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this ~ day of H h , 2006 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BY:~' &',,-r./
Sheri Barnett, Interim Chair
2800 North Horseshoe Drive
N~ples, Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was ackno)Vledged before me this~ day of k b . ,
2006, by Sheri Barnett, Interim Chair of~ode Enforcement Board of Collier County, Florida, who is
_ personally known to me or ~ who has pr u d a Florida Driver's Li ense as identification.
.<7Z~
. ,""'" Donna L. Modugno
.:-,~~~YP~" Commission #00234494
~::'~::~ Expires: Aug 18.2007
'0.;;.-.. . ,l/ Bonded Thm
.".,~~,',\",. I\llamic Bonding Co.. Inc.
Stale 01 f LOHIUA
;ounty of COlUER
I H EREBY etgt;~~~~~A~1S Is . true and
correct cpi>3b~t"a ~~l.\J~)n.fHe '"
Board Mp~es f"a' J:tec~Qs. ~ Collier Count)
~E~. ~ ~d_"seal this
~daYQf f""
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DWIGHT 'E.:~tK~.C~bF COURTS
~""~"'I.."
By: """ ,." C
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.-
*** OR:A09'8~m~~m ***
Page 6 of 6
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that atrue and correct copy of this ORDER bas been sJ-7'U' S. Mail to U. S.
Mail tR1/ell and Kaydee Tuff, 2642 44th Terrace S,W., Naples, Florida 34116 this day of
. , 2006.
/Yl a;~ G~
M. Jean son, Esq. .
Florida Bar No. 750311
Attorney for the Code Enforcement Board
400 Fifth A venue S., Ste. 300
Naples, Florida 34102
(239)263-8206
Agenda Item No. 17 A
March 28, 2006
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve Petition A VESMT2005-AR8891 to disclaim, renounce and
vacate the County's and the Public's interest in a portion of Tract R and a portion of a 10
foot utility easement according to the plat of "Creekside Commerce Park - Unit Two" as
recorded at Plat Book 35, Pages 43 through 44, Public Records of Collier County, Florida
OBJECTIVE:
To adopt a Resolution to vacate a portion of Tract R and a portion of a 10 foot utility easement
according to the plat of "Creekside Commerce Park - Unit Two".
CONSIDERATIONS:
Petition AVESMT2005-AR8891 has been received by the Engineering Services Department
from Richard Yovanovich, Esq. as agent for the petitioner, Creekside West, Inc., the current
owners of Tract R, requesting a vacation of a portion of Tract R and a portion of a 10 foot utility
easement, more specifically described in Exhibit 'A'.
An alternate utility easement has been recorded in place of the existing easement for the benefit
of Florida Power and Light.
""",-~
Letters of no objection have been received from:
Collier County Engineering Services
Florida Power and Light Company
Sprint United Telephone
Comcast Cable TV
Creekside West Property-owner's Association
FISCAL IMPACT:
Engineering Services has collected a $1,000.00 "Petition to Vacate" fee from the petitioner
which covers the County's cost of recording and processing the Petition.
GROWTH MANAGEMENT IMPACT:
There is no Growth Management Impact associated with this Executive Summary.
ENVIRONMENTAL ISSUES:
,..""-"
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution and associated
legal documents.
Agenda Item No. 17 A
March 28, 2006
Page 2 of 8
RECOMMENDA TIONS:
1. Adopt the Resolution for Petition AVESMT2005-AR8891 for the vacation of a portion of
Tract R and a portion of a 10 foot utility easement according to the plat of "Creekside
Commerce Park - Unit Two" and more specifically described in Exhibit 'A' to the
Resolution.
2. Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to
record a certified copy of the Resolution in the Public Records.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
",-.
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17A
Agenda Item No, 17 A
March 28, 2006
Page 3 of 8
Thi5 item requires tha1 all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation to approve Petition AVESMT2005-AR8891 to
disclaim, renounce and vacate the Countys and the Publics interest in a Portion of Tract R
and a portion of a 10 foot utility easement according to the plat of Creekside Commerce Park
Unit Two as recorded at Plat Book 35, Pages 43 through 44, Public Records of Collier
County, Florida
3128/2006 9:00:00 AM
Date
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Engineering Services
2128/200610:33:53 AM
Date
Approved By
Constance A. Johnson Operations Analyst
Community Development & Community Development &
Environmental Services Environmental Services Admin.
2128/2006 11 :04 AM
Approved By
Date
Thomas E. Kuck. P.E.
Community Development &
Environmental Services
CDES Engineering Services Director
COES Engineering Services
2128/2006 11 :50 AM
Date
Approved By
Sandra Lea
Board of County
Commissioners
Executive Aide to the BCC
Bee Office
JI6f2006 1 ;41 PM
Date
Approved By
Joseph K. Schmitt
Community Development &
Environmental Sorvic&s
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
3/6/2006 1 :50 PM
Date
Approved By
-
OMB Coordinator
Date
County Manager's Office
Approved By
Mark Isackson
County Manager's Office
Administrative Assistant
Office of Management & Budget
Budget Analyst
Office of Management & Budget
3/15/2006 8:27 AM
3115/2006 8:45 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
3/16120061:57 PM
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Agenda Item No. 17 A
March 28, 2006
Page 5 of 8
RESOLUTION NO. 06-_
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA FOR PETITION A VPLAT2005-AR8891
TO DISCLAIM, RENOUNCE AND V ACA TE THE
COUNTY'S AND THE PUBLIC'S INTEREST IN A
PORTION OF TRACT R LOCATED ADJACENT TO
LOT 15 ACCORDING TO THE PLAT OF
"CREEKSIDE COMMERCE PARK WEST - UNIT
TWO" AND A PORTION OF A 10 FOOT UTILITY
EASEMENT AS RECORDED AT PLAT BOOK 35,
PAGES 43 THROUGH 44, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, AND AS FURTHER
DESCRIBED IN EXHffiIT 'A'
WHEREAS, pursuant to Section 177.10 I, Florida Statutes Richard D.
Yovanovich, Esq. of Goodlette, Coleman, Johnson, P.A. as agent for the petitioners,
Creekside West, Inc., does hereby request the vacation of a portion of Tract R according
to the plat of "Creekside Commerce Park West - Unit Two" and a portion of a utility
easement as recorded in Plat Book 35, Pages 43 through 44, Public Records of Collier
County, Florida, specifically described in Exhibit' A'; and
WHEREAS, the Board bas this day held a public hearing to consider vacating a
portion of Tract R and a portion of a utility easement according to the plat of "Creekside
Commerce Park West - Unit Two", 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 the property owners; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement
interests over and across a portion of Tract R and a portion of a 10 foot utility easement,
as specifically described in Exhibit 'A' are hereby vacated, extinguished, renounced and
disclaimed, and this action is declared to be in the Public's interest and for the Public's
benefi 1.
BE IT FURTHER RESOLVED AND ORDERED 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 adopted after motion, second and majority vote favoring same,
this _ day of , 2006.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
SCALE: 1" =20'
~
o' 5' \0' 20'
LOT 15
<0'
O. 17A
March 2 ,2006
Pag 6 of 8
.. ~-----\
! ) "uE ~~'~\'E ::~:" ~ \\
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_ " 16 ~
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~OO.OO.E ~
19.3.49' N90'OO'Oo"W 114.54' rr1
-i
P.O.C.
CREEKSIDE PARKWAY (64' R/W)
(TRACT R)
C[ -
CURVE
Cl
C2
LEGAL DESCRIPTION:
A PORTION OF CREEKSIDE STREET (TRACT R) OF CREEKSIDE
COMMERCE PARK WEST -UNIT TWO AS RECORDED IN PLAT
BOOK 35, PAGE 44, OF THE PUBLIC RECORDS OFFICE.
COLLIER COUNTY; BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS.
COMMENCING AT THE SOUTHWEST CORNER OF LOT 15 OF
CREEKSIDE COMMERCE PARK WEST -UNIT TWO AS RECORDED
IN PLAT BOOK 35. PAGE 44. OF THE PUBLIC RECORDS
OFFICE, COLLIER COUNTY; THENCE S.90'00'00" E., A
DISTANCE OF 193.49 FEET TO THE POINT OF BEGINNING;
BEING THE BEGINNING OF A CURVE TO THE LEFT, OF WHICH
THE RADIUS POINT LIES NORTH N.OO'OO'OO" L, A RADIAL
DISTANCE OF 25.00 FEET AND HAVING A CHORD BEARING
OF N.42'12'52" E., 37.03 FEET; THENCE NORTHEASTERLY
ALONG THE ARC. THROUGH A CENTRAL ANGLE OF 95'34' 1 6",
A DISTANCE OF 41.7D FEET; THENCE N.OS'34'16"W., A
DISTANCE OF 3.99 FEET: THENCE N.84'25'44" E.. A DISTANCE
OF 64.00 FEET; THENCE S.OS'34'16"E. A DISTANCE OF
, S. 11 FEET TO A POINT OF CURVE TO THE LEFT HAVING A
RADIUS OF 25.00 FEET. A CENTRAL ANGLE OF 84'25'44",
AND A CHORD BEARING OF 5.4747'08" E., 33.60 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF
36.84 FEET; THENCE N.90"00'OO"W., A DISTANCE OF 114.S4
FEET TO THE POINT OF BEGINNING.
CONTAINING 2,492.99 SQUARE FEET OR 0.0572 ACRES,
MORE OR LESS.
SUBJECT TO EASEMENTS, RESERVATIONS AND
RESTRICTIONS OF RECORD.
,=to;
?J~
):>
o ?J
-i..........
?J~
---.../ ---.../
CHORD BRG.
N42'12'S2"E
S4/47'08"E
LEGEND:
P.O.B.= POINT OF BEGINNING
P.O.C.= POINT OF COMMENCEMENT
R/W= RIGHT -OF -WAY
U.E.= UTILITY EASEMENT
NOTES:
1. BEARINGS ARE BASED ON THE
PLAT OF CREEKSIDE UNIT TWO
FOR THE EXCLUSWE USE O~
SCH[NKELSHULTZ ARCHITECTURE. INC.
ilL
ATT, .S.M. (FOR THE FIRM)
FLA. Lie. '0. 5834
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
liCENSED SURVEYOR AND MAPPER
This is NOT B Survey.
Wi_Miller -=O="J__
~.~.~..,..,...~kftlttdI.~~
_tic.
_....~..._. ~........,....,.................. Ft.I............. _........._
Dee 30. 2005 - 14:05:60 TOS80RNElx:\SVR\0049J5\ 1L-3BB.dwg
PII:loIEI:I' IIDt 11&I'
04935-000-000 I aT I
_ IlIIEX HlII
1 L-388
-
~lJ\'a~
l ef ~
.17A
March 28 2006
Page 7 of 8
-r-----,
\ 10' u.~. - - 'l \
) ) -l R/WUN,J \ \
/ N9CTOO'OO"W 114.54' ~
LOT 15
raoo.oo" ,
193.49'
P.O.C.
-
-'
/
N9CTOO'OO" E 114.54'
~
~
P.O.B.
CREEKSIDE PARKWAY (64' RjW)
LINE
Ll
L2
BEARING
SOO.OO'OO"W
NOO'OO'OO" E
LEGEND:
P.O.B.= POINT OF BEGINNING
P.O.C.= POINT OF COMMENCEMENT
R/W= RIGHT -OF -WAY
U.E.= UTILITY EASEMENT
LEGAL DESCRIPTION
A PORTION OF CREEKSIDE STREET (TRACT R)
ALONG WITH A PORTION OF LOT 15 OF
CREEKSIDE COMMERCE PARK WEST -UNIT TWO
AS RECORDED IN PLAT BOOK 35, PAGE 44,
OF THE PUBLIC RECORDS OFFICE, COLLIER
COUNTY; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHWEST CORNER OF
LOT 15 OF CREEKSIDE COMMERCE PARK
WEST -UNIT TWO AS RECORDED IN PLAT BOOK
35, PAGE 44, COLLIER COUNTY; THENCE
S.90"00'00" E., A DISTANCE OF 193.49 FEET
TO THE POINT OF BEGINNING; THENCE
N.90"OO'OO" E., A DISTANCE OF 114.54 FEET;
THENCE N.OO.OO'OO" E., A DISTANCE OF 1 0.00
FEET; THENCE N.90'DO'OO"W., A DISTANCE OF
114.54 FEET; THENCE S.OO"OO'OO"W.. A
DISTANCE OF 10.00 FEET TO THE POINT OF
BEGINNING.
CONTA1NING 1145.40 SQUARE FEET OR 0.03
ACRES. MORE OR LESS.
SUBJECT TO EASEMENTS. RESERVATIONS AND
RESTRICTIONS OF RECORD.
REV. 1 REVISED BEARINGS
Jon 03. 2006 - 09:00:59 TOS90RNElx:\SUR\04935\ lL-390.dwg
"
()
;0
r1
\~
l!1
6
rI
<!.\
;u
r1
l:\
It.-
".....
01
~
\;0
\3
!IIi
)
SCALE: ," =20'
~ .
O' !j' 10' 20'
<10'
NOTES:
1. BEARINGS ARE BASED ON THE
PLAT OF CREEKSIDE UNIT TWO
FOR THE EXCLUSIVE USE OF:
SCHENKELSHUL TZ ARCHITECTURE, INC.
i.t~~'~M (FOR THE FIRM)
FLA. L1C. O. 5834
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
This is NOT 8 Survey.
WI,.,,". ~r.==-..
..............~...........~..........~~
_,he.
-...."""...p. ..... .......... "........... '" ....... ...... .......-
l'IlOBI' IClI ....
lUlI35-000-000 1 .. 1
_ICG lD
lL-311O
1'&\1\
E. ',( '-\ 'b.--r A:
, ~~ 3
~
10' U.E.
LOT 15
01
~OO'O~E
193.49'
P.O.C.
CREEKSIDE PARKWAY (64' R/W)
ct
CURVE TABLE
CURVE RADIUS DELTA LENGTH TANGENT
Cl 15.00' 95'34'16" 25.02' 16.53
C2 15.00' 84.25'44" 22.10' 13.61
C3 25.00' 84'25'44" 36.84' 22.68
C4 25.00' 95'34'16" 41. 70' 27.56
8"'25., E 64.00.
N · \ ,. R/w ""'
1"'1
\~
\~
~
:;a
1"'1
r"\
-i
\---
1
N84"25'44-E 84.00'
CHORD
22.22'
20.16'
33.60'
37.03'
CHORD BRG.
N42" 12'52" E
S4747'08"E
N4747'08"W
N42'12'52"E
LEGAL DESCRIPTION:
A PORTION OF THE 1 0' UTILITY EASEMENT ON LOT 15 OF CREEKSIDE
COMMERCE PARK WEST-UNIT TWO AS RECORDED IN PLAT BOOK 35.
PAGE 44, OF THE PUBLIC RECORDS OFFICE, COLLIER COUNTY; BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHWEST CORNER OF LOT 15 OF CREEKSIDE
COMMERCE PARK WEST-UNIT TWO AS RECORDED IN PLAT BOOK 35,
PAGE 44, COLLIER COUNTY; THENCE S.90'00'OO" E., A DISTANCE OF
193.49 FEET TO THE POINT OF BECINNING; THENCE N.OcrOO'OO"W., A
DISTANCE OF 1 0.00 FEET TO THE POINT OF CURVE OF A NON
TANGENT CURVE TO THE LEFT. OF WHICH THE RADIUS POINT LIES
N.OcrOO'OO"W. A RADIAL DISTANCE OF 15.00 FEET AND HAVING A
CHORD BEARING OF N.4Z 12'52" E.. 22.22 FEET; THENCE
NORTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF
95"34'16", A DISTANCE OF 25.02 FEET; THENCE N.05' 34'16"W., A
DISTANCE OF 13.99 FEET; THENCE N.84'2S'44" E., A DISTANCE OF
84.00 FEET; THENCE S.05' 34'16" E., A DISTANCE OF 25.11 FEET TO A
POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 15.00 FEET, A
CENTRAL ANGLE OF 84'2S'44", AND A CHORD BEARING OF
S.4747'08"E., 20.16 FEET; THENCE SOUTHEASTERLY ALONG THE ARC
A DISTANCE OF 22.10 FEET; THENCE S.OO'OO'OO"W., A DISTANCE OF
1 0.00 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO
THE RIGHT, OF WHICH THE RADIUS POINT LIES N.OO'OO'OO" E., A
RADIAL DISTANCE OF 25.00 FEET AND HAVING A CHORD BEARING OF
N.4747'OB"W., 33.60 FEET; THENCE NORTHWESTERLY ALONG THE
ARC, THROUGH A CENTRAL ANGLE OF 84'25'44", A DISTANCE OF
36.84 FEET; THENCE N.05"34'16"W.. A DISTANCE OF 1S.11 FEET;
THENCE S.84'25'44"W., A DISTANCE OF 64.00 FEET; THENCE
S.OS'34'16"E., A DISTANCE OF 3.99 FEET TO A POINT OF CURVE TO
THE RIGHT HAVING A RADIUS OF 2S.00 FEET, A CENTRAL ANGLE OF
9S' 34'16", AND A CHORD BEARING OF S.42'12'S2"W.. 37.03 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC A DISTANCE OF 41.70 FEET
TO THE POINT OF BEGINNING. n r
'0
DAVID J.
FLA. lIC.
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
This is NOT a Survey.
CONTAINING 1,658.84 SQUARE FEET OR 0.0381 ACRES, MORE OR
LESS.
SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF
RECORD.
Jon 03. 2006 - 0902,06 TOSBORNElx\SUR\04935\ lL-389.dw9
r;.
r;
~
LINE
L1
L2
L3
L4
L5
L6
liNE TABLE
LENGTH
10.00
13.99
2S.11
10.00
15.11
3.99
IIIi
)
SCALE: 1" =20'
~
0' 5' 10'
20'
40'
LEGEND;
P.O.B.= POINT OF BEGINNING
P.O.C.= POINT OF COMMENCEMENT
R/W= RIGHT-OF-WAY
U.E.= UTILITY EASEMENT
NOTES:
1. BEARINGS ARE BASED ON THE
PLAT OF CREEKSIDE UNIT TWO
FOR THE EXCLUSIVE USE OF:
SCHENKELSHULTZ ARCHITECTURE, INC.
Wi,.Miller --.:=".=-.
"......~.~......,...&..-...~.~~
_,ft<:.
PIDBl' NlII IHEEI'
04935-000-000 I OF 1
..,...,............. ,....,..........."."...........,.,... .....-....N......______
IlMIIIC IIIlEX NlII
IL-389
lei
.E.~~\~" A
~ of ~
Agenda Item No. 178
March 28, 2006
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance to amend the Collier County Vehicle
for Hire Ordinance, as amended, to "grandfather" two (2) currently
certificated vehicle for hire businesses to authorize each to continue to
provide non-metered mileage service in unincorporated Collier County
because each has had "taxi" in its trade name on or before December 11,
2002; also to delete an out-dated requirement regarding fictitious names.
OBJECTIVE: Collier County's Vehicle for Hire Ordinance requires that businesses
certificated by the Public Vehicle Advisory Committee (PVAC) that have "taxi,"
"cab" or "taxicab" in their trade name must offer mileage metered service. The
PVAC is recommending that the Board consider enactment of the attached
Ordinance to "grandfather" two (2) currently PVAC certificated businesses from
application of that requirement. The PVAC is also recommending that an out-
dated provision regarding fictitious names be deleted.
CONSIDERATIONS: Two (2) currently PVAC certificated vehicle for hire
businesses have had "taxi" in their respective trade name as of December 11,
2002, but do not provide, and may never decide to provide, metered mileage
service (taxi service) in Collier County. The PVAC has concluded that this state of
affairs is not causing confusion in the minds of the vehicle for hire traveling public.
On February 14,2006, the Board directed staff to amend the PVAC Ordinance and
place the proposed Ordinance on the Board's Agenda for possible enactment. The
PVAC reviewed the proposed Ordinance during its March 6, 2006 meeting and is
recommending that the BCC enact an amendment to "grandfather" these two (2)
businesses against the subject Ordinance requirement. Also, Ordinance
Subsection 142-52(a) requires an applicant to provide staff with proof of
advertising if the business is to operate under a fictitious name. As that advertising
requirement is no longer required by Florida Statute, the PVAC is recommending
that such requirement be deleted from the Ordinance.
FISCAL IMPACT: This amendment will have no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this proposed amendment.
LEGAL CONSIDERATIONS: These amendments have been approved for legal
sufficiency by the County Attorney's Office.
......,..."
RECOMMENDATION: That the Board of County Commissioners adopt the
attached Amending Ordinance to (1) authorize the PVAC to continue to issue
"certificates to operate" to two (2) currently PV AC certificated businesses that do
not provide, and may never elect to provide, metered mileage service in
unincorporated Collier County although each business has had "taxi" in its
Agenda Item No. 178
March 28, 2006
Page 2 of 6
respective trade name before and after December 11, 2002, and (2) to delete an
out-dated Ordinance requirement regarding operation under a fictitious name.
PREPARED BY: Thomas C. Palmer, Assistant County Attorney
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 178
March 28, 2006
Page 3 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
178
An Ordinance of Collier County. Florida, amending Collier County Ordinance No. 2001.75, as
amended, The Public Vehicle for Hire Ordinance, by amending Subsection 142.52(6) 10
grandfather two (2) Vehicle For Hire businesses currently certificated by HIe Public Vehicle
For Hire Advisory Committee that had taxi, cab or taxicab in its trade name as of December
11, 2002 but do not provide mileage metered service: also amending Subsection 142.54 (A)
(10) to delete the now outdated requiremen! to provide a notarized copy of proof of
advertising for a fictitious name,
3i2812006 9:00:00 AM
Assistant County Attorney
Dat&
Appro\'ed By
Thomas Palmer
County Attomey
County Attorney Office
31131200612:09 PM
Date
Approved By
Cons.tance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
3/13/20063:05 PM
Executive Aide to the BCe
Date
Approved By
Sandra Lea
Board of County
Commissioners
Bce Office
3/14120064;57 PM
Date
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
3115/20067:41 PM
Administrative Assistant
D<lte
Approved By
OMB Coordinator
County Manager's Office
Office of Management & Budget
3/16/20069:58 AM
Mark Isackson
Budget Analyst
Date-
Approved By
County M.:mager's Office
Office of Management & Budget
3116120065:02 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3'17120065:38 PM
ORDINANCE NO. 2006 -
Agenda Item No. 17B
March 28, 2006
Page 4 of 6
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING COLLIER
COUNTY ORDINANCE NO. 2001-75, AS AMENDED, THE PUBLIC VEHICLE
FOR HIRE ORDINANCE, BY AMENDING SUBSECTION 142-52(6) TO
"GRANDFATHER" TWO (2) VEHICLE FOR HIRE BUSINESSES CURRENTLY
CERTIFICATED BY THE PUBLIC VEHICLE FOR HIRE ADVISORY
COMMITTEE THAT HAD "TAXI," "CAB" OR "TAXICAB" IN ITS TRADE
NAME AS OF DECEMBER 11, 2002 BUT DO NOT PROVIDE MILEGAE
METERED SERVICE; ALSO AMENDING SUBSECTION 142-54 (A)(10) TO
DELETE THE NOW OUTDATED REQUIREMENT TO PROVIDE A
NOTARIZED COPY OF PROOF OF ADVERTISING FOR A FICTITIOUS NAME;
PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING AN EFFECTIVE DATE
WHEREAS, The PVAC is recommending to the Board of County Commissioners
(in the Board's capacity as the "Public Vehicle Board") that Collier County
Ordinance No. 2001-75 (the Public Vehicle for Hire Ordinance), as amended, be
further amended to specify that this Ordinance shall "grandfather" only the two
(2) currently PVAC certificated vehicle for hire businesses against the
Ordinance's requirement (added to the Ordinance on December 11, 2002) that
each vehicle for hire business that has "taxi," "cab" or "taxicab" in its trade name
must provide mileage metered service; and
WHEREAS, it has recently be brought to the PVAC's attention that only the
subject two (2) vehicle for hire businesses now certificated by the PVAC had
"taxi" in their trade name as of December 11, 2002, but do not provide, and may
never elect to provide, metered mileage service in Collier County, but this state of
affairs is not causing confusion to the vehicle for hire traveling public; and
WHEREAS, because Florida Statutes no longer requires local advertising to
acquire a "fictitious name," the PVAC is recommending that such now out-dated
requirement be deleted from the PV AC Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Subsection (6) in Section 142-52 of the Collier County Code of
Laws and Ordinances, (the same being part of Section One of Collier County
Ordinance No. 2001-75, as amended) is hereby further amended to read as
follows:
"Sec. 142-52. Application for Certificate to Operate.
(a) An application for certificate shall be filed with the PVAC on forms
provided by the County Manager with-a nonrefundable application fee for each
certificate. The prescribed fee shall be adopted by resolution of the Board of
County Commissioners. The application form shall be verified under oath and
shall furnish the following information:
(1) If an individual, name and address of the applicant.
(2) If a partnership, name and address of the applicant's business~names
and addresses of all partners.
(3) If a corporation: the exact corporate name and business address of
the applicant's corporation, name and address of all directors and officers,
Articles of Incorporation and all amendments thereto along with a certified copy
of the Certificate of Incorporation.
(4) The names and addresses of all persons or entities holding a ten
percent or greater beneficial interest in the applicant's business or company.
Failure to disclose such interest shall be grounds for the denial of the application
of any applicant or revocation of any certificate.
(5) Business telephone number and, if applicable, e-mail address.,.
Underlined text IS added; ~tn;el' tRr8\;gR text 1S deleted.
Agenda Item No. 17B
March 28, 2006
Page 5 of 6
(6) The trade name under which the business will operate. The trade
name under which the applicant intends to do business shall not be deceptively
similar to the trade name of any other then current certificate holder or sub-
certificate holder. Approval of the use of a trade name does not imply the use of
said trade name is otherwise legally authorized. A separate certificate or sub-
certificate is required for each trade name or fictitious name. No certificate or
sub-certificate shall be issued to any business that has "taxi" or "cab" or "taxicab"
in its name unless it will immediately be providing taxi services in Collier County.
The precedina sentence shall not apply only to the two (2) currently PVAC
certificated vehicle for hire business that had "taxi." "cab" or "taxicab" in their
trade name as of December 11. 2002. E::lch such individual or entity mbJst
comply with this requirement to be eligible to be issbled its PVAC certi~cate for
2006, or prereqblisite to transfer its certi~c3te, or permit prior to that time. Each
person or entity planning to operate under a fictitious name shall attach to the
application a notarized copy of the newspaper notice published in accordance
with Section 865.09, Florida Statutes."
SECTION TWO. Subsection 142-52(a)(10) of the Collier County Code of
Laws and Ordinances, (the same being part of Section One of Collier County
Ordinance No. 2001-75. as amended) is hereby further amended to read as
follows:
(10) Before U operating under a fictitious name, attach a notarized copy of
~ of adyertising to the apfdlication in accor9ance 'Nith aection g65.m~, provide
proof to staff that the fictitious name was acauired pursuant to then applicable
Florida Statutes. A separate certificate to operate is required for each fictitious
name.
SECTION THREE. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier
County or other applicable law, the more restrictive shall apply. If any phrase or
portion of this Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION FOUR. INCLUSION IN THE CODE OF LAWS AND
ORDINANCES.
This Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be
renumbered or relettered to accomplish that result, and the word "Ordinance"
may be changed to "Section," "Article," or any other appropriate word.
SECTION FIVE.
EFFECTIVE DATE.
This Ordinance shall be effective upon receipt by the Florida Department
of State.
Underlined text is added; slruek tllr8\<gfl text is deleted.
2
Agenda Item No. 17C
March 28, 2006
Page 1 of 21
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners consent to the request of
the Board of Supervisors of the Wentworth Estates Community Development
District and adopt an ordinance amending Ordinance No. 2004-37 in order to
correct an error in the metes and bounds legal description of the Wentworth Estates
Community Development District.
OBJECTIVE: That the Collier County Board of County Commissioners (BCC) adopt
an ordinance consenting to the request by the Board of Supervisors of Wentworth Estates
Community Development District (Wentworth Estates CDD) pursuant to Chapter 190,
Florida Statutes, to correct an error in the metes and bounds legal description of the
Wentworth Estates CDD.
BACKGROUND: On June 8, 2004, by Ordinance No. 2004-37, the BCC established
the Wentworth Estates CDD which comprised approximately 978.58 acres entirely within
Collier County, in an area generally located south of Tamiami Trail between S.R. 951
and C.R. 864. The application to the County erroneously included a small parcel owned
by FP&L which contains a substation. This error must be corrected as a condition of
financing to the District.
CONSIDERATIONS: This is a ministerial request by the Board of Supervisors of the
Wentworth Estates CDD to correct an error pertaining to the metes and bounds legal
description of the District, with the correct acreage of 973.23 described in Exhibit 3 of
the petition.
FISCAL IMP ACT: There is no fiscal impact on the taxpayers of Collier County. The
District has agreed to pay all costs associated with correcting this error.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATION: This ordinance is authorized by Chapter 190, Florida
Statutes, and has been reviewed and approved by the County Attorney's Office.
STAFF RECOMMENDATION: That the BCC adopt the proposed ordinance
authorizing Wentworth Estates CDD's Board of Supervisors request to correct an error
pertaining to the metes and bounds legal description of the approved district, per Chapter
190, Florida Statutes.
Prepared by: Marcia R. Kendall, Planner, Comprehensive Planning Department
/"""..-..,
Item Number.
Item Summary:
Meeting Date:
Agenda Item No. 17C
Mandl 28. 2006
Page 2 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
He
Recommendation that the Board of County Commissioners consent to the request of the
Board of Supervisors of the Wentworth Community Development District and adopt an
ordinance amending Ordinance No, 2004-37 in order to correcl an error in the meles and
bounds legal description of the Wentworth Community Development District.
312812006 9:00:UO AM
Date
Prepared By
Marcia Kendall
Community Development &
Environmental Services
Planner
Comprehensive Planning
3110/20068:26:20 AM
Date
Approved By
Constance A. Johnson Operations Arli::llyst
Community Development & Community Development &
Environmental Services Environmental Services Admin.
3113!2006 4:38 PM
Sandra Lea
Date
Approved By
Board of County
Commissioners
Executrve Aide to the BCe
Bee Office
3/14/20064:57 PM
Randall J. Cohen
Date.
Approved By
Community Development &
EnVlronm(lnt",1 SDrvices
Cornmuinty Planning and
Redevelopment Manager
Comprehensive Planning
3/15120069:07 AM
Date
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
County Attorney Office
3/15/200610:57 AM
Date
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adrninstrator
Community Development &
Environmental Services Admin.
3/15120067:39 PM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Managfu's Office
Office of Management & Budget
3/16/20069:56 AM
Budget Analyst
Date
Approved By
Mark Isackson
County Manager's OHice
Office of Management & Budget
3117120069:09 AM
County Manag\lr
Data
Approved By
James V. Mudd
Board of County
Commissioners
County Manager's Office
3/17120062:39 PM
Agenda Item No. 17C
March 28, 2006
Page 3 of 21
ORDINANCE NO. 2006- J
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTy, FLORIDA,
AMENDING ORDINANCE NO. 2004.37, WHICH
ESTABLISHED THE WENTWORTH ESTATES
COMMUNITY DEVELOPMENT DISTRICT, IN ORDER TO
CORRECT THE METES AND BOUNDS LEGAL
DESCRIPTION OF DISTRICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, by Ordinance No. 2004-37, the Board of County Commissioners of Collier
County, Florida (County), established the Wentworth Estates Community Development District
pursuant to Section 190.005, Florida Statutes. and other applicable provisions of law governing
county ordinances; and
WHEREAS, Wentworth Estates Community Development District, a unit of special
purpose government, petitioned the County to correct an error in the legal description of
Wentworth Estates Community Development District (the "District"). and to amend the
establishing Ordinance No. 2004-37 (the "Ordinance") to reflect said correction; and
WHEREAS, all interested persons and affected units of general-purpose government
were afforded an opportunity to present oral and written comments on the Petition at a duly
noticed public hearing conducted by the County on ; and
WHEREAS, upon consideration of the record established at that hearing, the County
determined the following:
I. The statements within the Petition are true and correct.
2. Amending the Ordinance is not inconsistent with any applicable element or portion of the
state comprehensive plan or the local government comprehensive plan.
3. The land within the District continues to be of sufficient size, to be sufficiently compact,
and to be sufficiently cOlltiguous to be developable as a functionally interrelated
community.
4. The District continues to be the best alternative available for delivering community
development services and facilities to the area served by the District.
5. The services and facilities of the District will continue to not be incompatible with the
capacity and uses of any existing local and regional community development services and
facilities.
6. The area to be served by the District remains amenable to separate special-district
governance; and
WHEREAS, amending the Ordinance will allow the District to continue to constitute a
timely, efficient, effective, responsive and economic way to deliver community development
services in the area described in the petition.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Agenda Item No. 17C
March 28, 2006
Page 4 of 21
SECTION 1. The above Recitals are hereby incorporated herein by reference as
legislative findings of fact in support of this Ordinance,
SECTION 2. AUTHORITY. This ordinance is amended in compliance with and
pursuant to Chapter 125, Florida Statutes (2005), and other applicable laws governing county
ordinances.
SECTION 3. AMENDMENT OF ORDINANCE NO. 2004-37. The original legal
description of the District described in Exhibit A, is hereby superseded and replaced by the legal
description of the District described in Exhibit B, attached hereto and incorporated herein by
reference, and shaH amend Ordinance No. 2004-37 and become the legal description for the
District.
SECTION 4. EXTERNAL BOUNDARIES OF THE DISTRICf.
The external
boundaries of the District encompass 973.23 acres of land, more or less, all as described in
Exhibit B.
SECTION 5. SEVERABILITY. If any phase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION 6. EFFECfIVE DATE. This Ordinance shall take effect upon filing with
the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County. Florida this _ day of ____, 2006.
ArrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNfY COMMISSIONERS
OF COLLIER COUNfY, FLORIDA
, Deputy Clerk
By:
FRANK HALAS, Chairman
By:
Jeffrey ;
Assistan
Attachments
Exhibit.'A"
Exhibit "B"
2
Agenda Item No. 17C
March 28, 2006
Page 5 of 21
BEFORE THE BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PETITION TO CORRECT A SCRIVENER'S ERROR
AND AMEND ORDINANCE NO. 2004-37.
Petitioner, Wentworth Estates Community Development District, a local unit of special
purpose government established pursuant to the provisions of Chapter 190, Florida Statutes, and
Collier County Ordinance No. 2004-37, and located entirely within the boundaries of Collier
County, Florida (hereafter "District"), hereby petitions the Collier County Board of County
Commissioners, pursuant to Chapter 125, Florida Statutes, specifically ~ 125.01(5)(a), Florida
Statutes and the "Uniform Conununity Development District Act of 1980," Chapter 190, Florida
Statutes, to correct a scrivener's error to the original legal description of the District and amend
Ordinance No. 2004-37. In support of this Petition, the District states:
1. The District is located entirely within Collier County, Florida. Exhibit 1 depicts
the general location of the existing District. The District currently covers approximately 979
acres of land. The current metes and bounds description of the external boundaries of the
District, as contained in Ordinance No. 2004-37, is set forth in Exhibit 2. The corrected metes
and bounds description for the District is set forth in Exhibit 3 (the "Corrected Legal
Description").
2. The District's Board of Supervisors has adopted a Resolution, requesting the
correction of this scrivener's error, which is attached here as Exhibit 4.
Agenda Item No. 17C
March 28, 2006
Page 6 of 21
3. The District only recently discovered the error on conjunction with the District's
planned issuance of Special Assessment Bonds to fund improvements to the lands within the
District.
4. The authorized agent for the Petitioner is Jonathan Johnson. Copies of all
correspondence should be sent to District Counsel at the following address:
Jonathan T. Johnson
HOPPING GREEN & SAMS, P.A.
123 South Calhoun Street
Post Office Box 6526
Tallahassee, Fl32314
5. This Petition to correct the legal description of the District's external boundaries
caused by a scrivener's error and to amend Ordinance No. 2004-37, should be granted for the
following reasons:
a. Correction of the legal description of the District's external boundaries and all
land uses and services planned within the District are not inconsistent with applicable elements
or portions of the adopted State Comprehensive Plan or the Collier County Comprehensive Plan.
b. The area of land within the District is part of a planned community. The District
will continue to be of sufficient size and sufficiently compact and contiguous to be developed as
one functional and interrelated community.
c. The District will continue to prevent the general body of taxpayers in Collier
County from bearing the burden for installation of the infrastructure and the maintenance of
certain facilities within the development encompassed by the District. The District continues to
be the best alternative for delivering community development services and facilities without
2
Agenda Item No. 17C
March 28, 2006
Page 7 of 21
imposing an additional burden on the general population of the local general-purpose
government.
d. The community development services and facilities of the District will remain not
be incompatible with the capacity and use of existing local and regional community development
services and facilities.
e. The area to be served by the District remains amenable to separate special-district
government.
WHEREFORE, Petitioner respectfully requests the County Commission of Collier
County, Florida to grant the Petition and amend Collier County Ordinance No. 2004-37, which
amendment shall be noticed at least once, at least ten days in advance of the meeting of the
Board of County Commissioners.
RESPECTFULLY SUBMITTED, this 10-1 "day of fd rua., y, 2006.
HOPPING GREEN & SAMS, P.A.
By: ~- ~ -4~.
Jonathan T. Johnson
Florida Bar No. 986460
123 Calhoun Street
Post Office Box 6526
Tallahassee, FL 32314
(850) 222-7500 (telephone)
(850) 224-8551 (facsimile)
Attorney for the Petitioner
3
EXHIBIT 1
Agenda Item No. 17C
March 28, 2006
Page 8 of 21
~
Agenda Item No. 17C
March 28, 2006
Page 9 of 21
COLLIER COUNTY
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21SS JOHNSON S"lREET
P.O. BOX '1 550
FOAT l.I'l'ERS. FlORIDA 33Q02-HS50
PHONE (1l41) 334-0048
FAX (941) 334-3661
E.B. 1642 a: LB. 1642
Site Location Sketch
Wentworth Estates
OA~
AprV. 2003
EXHIBIT 2
Agenda Item No. 17C
March 28, 2006
Page 10 of 21
Agenda Item No. 17C
March 28, 2006
Page 11 of 21
DESCRIPTION
PARCEL 1
Description of Part of Sections 29, 30 and 31, Township 50 South. Ran,e 26 East, Collier County, Florida
Beginning at the northwest corner of said Section 30; theoce along the north line of said Section 30, North
88023'16" Eut, 2491.52 feet; thence continue along the north line of said Section 30 North 88013'29" East
1636.98 feet to the southwesterly riptoOf-way ofTamiami Trail (US 41) (200' right-of-way); thence along
said right-of-way South 39003'42" East 2333.04 feet; thence leavinj said riptoOf-way South 38017'43" West
581.30 feet; thence North 89034'42" Weat 348.55 feet: thence South 02048'31" West 308.99 feet; thence
South 88028'28" West 30.00 feet to the east quarter comer ofsaid Section 30; thence along the north line of
those lands described in Official Recorda Book (OR Book) 105, pages 595-597 and OR Book 105, Pages
592-594, Public Recorda of Collier County, Florida, South 87014'44" West 683.13 feet; thence along the
west line of said land described in OR Book 105, pages 592-594 South 00020'37" West 672.63 feet; thence
along the south line of said lands North 87026'41" East 654.42 feet to the west line of Myrtle Cove Acres
Unit No.1 u recorded in Plat Book 3, page 38, Public Records of Collier County, Florida; thence along the
west line of said Unit No.1 South 02045'35" West 1919.99 feet to the southeast comer of said Section 30;
thence along the east line of said Section 31, South 02045'30" West 2335.35 feet; thence South 830)0'57"
West 1549.05 feet; thence North 56010'37" West 816.27 feet; thence North 89<>29'19" West 558.68 feeti
thence North 01035'00" East 1675.69 feet; thence North 89D27'15" West 508.31 feet; thence South 70033'22"
West 1109.51 feet; thence due West 357.35 feet to the west line of said Section 31; thence along the west line
of said Section 31, North 00019'55" East 412.36 feet to the northwest comer of said Section 31; thence along
the west line of said Section 30, North 00020'37" East 2685.56 feet to the west quarter comer of said Section
30; thence continue along the west line of said Section 30, North 00022'18" But 2687.69 feet to the said Point
of Beginning;
Less and except the following descn"bed parcel of land:
A parcel ofland situated in Section 30, Township 50 South. Range 26 East, Collier County, Florida being more
particularly described as folloM:
Commence at the Northwest comer of Section 30, Township 50 South. Range 26 East, Collier County, Florida
for a Point of Beginning and nm North 88023'16" East along the north line of said Section 30, a distance of
2030.79 feet to an intersection with the west line of a I100foot right-of-way u recorded in Official Records
Book 192, page 513 of the Public Records of Collier County, Florida; thence nm South 01036'32" West along
said west line, a distance of 1038.85 feet to a point on a curve being concave southerly and having a radius of
524.71 feet, a central angle ofl9050'21" and a chord bearing and distance of North 88017'59" West, 180.78 feet,
respectively; thence nm westerly along said curve, an arc distance of 181.69 feet; thence nm alona a non-tangential
line South 86032'53 " West, a distance of 226.34 feet to the point of cmvature of a curve being concave southerly
and havin, a radius of 649.22 feet, a central angle of 17058'25" and a chord bearing and distance of South
77033'41" West, 202.83 feet, respectively; thence nm westerly along said curve, an arc distance of203.66 feet;
thence nm along a non-tangential line South 62038'23" West, a distaDce of134.l4 feet; thence nm South 17006'51"
West, a distance of 49.03 feet; thence nm South 00032'01" West, a distance of710.96 feet; thence nm North
79028'24" West, a distance of78.01 feet to a point on a curve being concave southerly and having a radius of
410.07 feet, a central angle of61 025'19" and a chord bearing and distance of South 77042'06" West. 418.85 feet,
respectively; thence nm westerly along said curve, an arc distance of 439.60 feet to a point on a non-tangential curve
being concave southeasterly and having a radius of 307.09 feet, a central angle of 14054'19" and a chord bearing and
distance of South 41024'48" West, 79.66 feet. respectively; thence nm southwesterly along said curve, an arc distance
of79.89 feet to the point of reverse curvature ofa curve being concave northwesterly and having a radius of46.70
feet, a central angle ofS3009'03" and a chord bearing and distance of South 60"32'10" West. 41.78 feet, respectively;
thence nm southwesterly along said curve. an arc distance of 43.32 feet; thence nm along a non-tangential line South
85014'02" West, a distance of143.73 feet to a point on a curve being concave northeasterly and having a radius of
203.40 feet, a central angle ofS 1036'36" and a chord bearing and distance of North 70050'20" West, 177.08 feet,
respectively; thence nm northwesterly along said curve, an arc distance of 183.21 feet to a point on a non-tangential
reverse curve being concave southeasterly and having a radius of205.00 feet, a central angle of75021'41" and a
chord bearing and distance of South 70042'43" West. 250.62 feet, respectively; thence nm sOuthwesterly along said
curve, an arc distance of269.64 feet; thence nm North 56058'08" West, a distance of30.60 feet; thence nm South
46044'30" West, a distance of 41.78 feet; thence nm South 90000'00" West, a distance of 10.00 feet: thence nm
North 88051'11" West, a distance of31.19 feet; thence nm North 80045'12" West, a distance of 50. 56 feet to an
intersection with the west line of said Section 30; thence nm North 00022'18" East along said west line, a distance
of 2047.80 feet t? the said Point of Beginnn"
Containing 28,802,253.34 square feet or 661 .21 8Ct'ClI of 1and, more or leu.
Agenda Item No. 17C
March 28, 2006
Page 12 of 21
ALSO INCLUDING THE FOLLOWING:
PARCEL 2
Description of Part of Section 32, TOWlUlhip ~o South, Range 26 Eat. Collier County, Florida:
BelPnnin. at the southwest comer of .aid Section 32; thence alq the welt line of said Sec:tion 32, North 02048'47'"
But, 2394.57 feet; thence leavina laid weat line North ~~56'O1" But 2041.35 feet to the boundary of the plat of
Trail ACfCI Unit 2, Plat Book 4. Pille 62, ColUer County, Florida; thence along said plat boundary South 3~03'07"
But 1309.16 feet; thence continue along said plat boundary North 50055'09" East 762.41 feet; thence leavina said
plat boundary South 39004'5 I" East 430.46 feet; thence North 50058'21" East 199.96 feet to the boundary oftbe
plat of Trail Acrea Unit 3, Plat Book 3, Pille 94. Collier County, Florida; thence alonasaid plat boundary South
39001'39" But 962.19 feet; thence continue alona Did plat boundary South 8'7'134'19" East 1003.95 feet to the east
line of said Section 32: thence leaving said plat boundary and aloDl said cut line, South 02DJ2'54" Welt 1912.12
feet to the 80uthcut comer of said Section 32; thence aloni the south tiDe of said Section 32, North 89D40'29" Welt
2625.9~ feet to the south quarter comer of laid Section 32: thence continue alona the south line of said Section 32,
North 8~40'08" West 2625.60 feet to the said Point ofBeIDmfng;
Containina 313.76 acrea. more or ICII8.
Subject to easements and restrictions of record
Bearings are based on the south line of said Sec:tion31 beina North 8~41'53" West.
ALSO INCLUDING THE FOLLOWING:
PARCEL 3 (an easement 1~terest only 1n Parcel 3)
A parcel of land .ituated in Section 31, TOWlUlbip 50 South, Ranse 26 Eat. Collier County. Florida and beins more
particularly described B8 follows:
Commence at the southeut comer of Section 31, Township ~O South, Ranse 26 But, Collier County, Florida and
nm North 02048'47" But along the cut line of laid Section 31. a diataoce of 1899.79 feet to the Point ofBeginnin.:
thence nm South 89D53'46" West, a distance of409.72 feet to the point ofcurvature or. curve hem, CODCave
northeasterly sod baving a radius of35S.00 feet,. central anaIe of73029'53" sod a chord bearin& and distance of
North 53021'18" West, 424.80 feet, respectively: thence nm DOrthweeterly alOl1l said curve, an arc diJtance of 4~~.39
feet to the point of tangency of said curve: thence nm North 16036'21" West, . diItance of 497 .~5 feet to the point
of curvature ola curve being concave southwcaterly and bavina a radius of44~.OO feet, a central maIo of 18047'05"
and a chord bearina and distance of North 25059'54" West, 145.24 feet. respectively; tbcDce nm northwcaterly along
said curve, an arc distance of 145.90 feet: thence nm North 83030'57" Eat.. distance of 122.06 feet to a point on a
curve being concave southwesterly and having a radius of 5~5.00 feet,. central mg1e of lr4O'~5" and a chord
bearing and distance of South 22056'49" Eat, 122.59 feet, respectively: thence nm soutbeuterly along said curve, an
arc distance of 122.84 feet to the point of tangency of said curve; thence nm South 16036'21" But, a distance of
497.55 feet to the point of curvature of. curve being concave DOrtheasterly and having. radius of 245.00 feet, .
central angle of73029'~3" and. chord bearing and distance ofSoutb 53021'18" Eat. 293.17 feet, respectively;
thence nm southeasterly along said curve, an arc distance of 314.28 foot to the point oftangcncy of aid curve;
thence nm North 89"53'46" But.. distance of415.33 feet to an intersection with said cut line of Section 31:
thence nm South 02048'47" West along said eut line, . distance of 110.14 feet to the said Point of Beginning.
Containing 157,195.12 squ~ feet or3.61 &erc8 ofland, more orlCll8.
Total acreage of Parcel. 1,2 and 3 is 978.58 &erc8 of land, more or less.
EXHIBIT 3
Agenda Item No. 17C
March 28, 2006
Page 13 of 21
Agenda Item No. 17C
March 28, 2006
Page 14 of 21
PARCEL)
Description of Part 01 Sections 29, 30 and 31, Township 50 South, Range 26 East, Collier County, Florida
Beginning at the northwest comer of said Section 30: thence along the north line of said Sectlon 30, North
88.23'16' East, 2491.52 feet; thence continue along the north line of said Section 30 North 88'13'29' East
1636.98 feet to the southwesterly right-of-way of Tamlami Trail (US 41) (200' right-of-way); thence along
said right-of-way South 39"03'42. East 2333.04 feet thence leaving said right-of-way South 38017'43' West
581.30 feet; thence North 89'34'42. West 348.55 feet; thence South 02048'31' West 308.99Ieet; thence
South 88'28'28' West 30.00 feet to the east quarter comer of said Section 30; thence along the north line of
those lands described In Official Records Book (OR Book) 105, pages 595-597 and OR Book 105, Pages
592-594, Public Records of Collier County, Florida, South 87'14'44. West 683.13 feet; thence along the
west line of said land described in OR Book 105, pages 592-594 South 00'20'37' West 672.63 feet; thence
along the south Une of said lands North 87026'41' East 654.42 feet to the west line of Myrtle Cove Acres
Unit No.1 as recorded In Plat Book 3, page 38, Public Records of Collier County, Florida; thence along the
west line of said Unit NO.1 South 02"45'35' West 1919.99 feet to the southeast comer of sald Section 30;
thence along the east line 01 said Section 31, South 02.45'30' West 2335.35 feet; thence South 83030'57"
West 1549.05 feet; thence North 56'10'37" West 816.27 feet; thence North 89'29'19. West 558.68 feet;
thence North 01'35'00' East 1675.69 feet thence North 89'27'15' West 508.31 feet; thence South 70033'22'
West 1109.51 feet; thence due West 357.35 leet to the west line of said Section 31; thence along the west line
of said Section 31, North 00'19'55' East 412.36 feet to the northwest comer of said Section 31; thence along
the west Une of said Section 30, North 00'20'37' East 2685.56 feet to the west quarter comer 01 said Section
30; thence continue along the west line of said Section 30, North 00'22'18. East 2687.69 feet to the said Point
of Beginning;
lM8}~'~igtMt'i.nd~'~OR8ook 192. PBge 514.PibIIc R.cori*foteomer~.Fiorida.!;
Conbt;lnlng ~.3! .a.,l1'\0I9 01'... "~. .
. . - ~,
And less and except the following described parcel of land:
A parcel of land situated In Section 30, Township 50 South, Range 26 East, Collier County, Florida being more
particularly described as follows:
Commence at tf1e Northwest comer of Section 30, Township 50 South, Range 26 East, Collier County, Florida
for a Point of Beginning and rtIl North 88'23'16' East along the north line of said Section 30, a distance of
2030.79 feet to an intersection with the west line of a 11 O-foot right-of-way as recorded in Official Records
Book 192, page 513 of the Public Records of Collier County, Florida; thence nil South 01'36'32' West along
said west line, a distance of 1038.85 feet to a polnt on a curve being concave southerly and having a radius of
524.71 feet, a central angle of 19"50'21. and a chord bearing and distance of North 88'17'59. West, 180.78 feet,
respectively; thence run westerly along said curve, an arc distance of 181.69 feet; thence run along a non-tangential
line South 86'32'53. West. a distance of 226.34 feet to the point of curvature of a curve being concave southerly
and having a radius of 649.22 feet. a central angle of 17'58'25. and a chord bearing and distance of South
77'33'41. West, 202.83leet, respectively; thence run westerly along said curve, an arc distance of 203.66 feet;
thence run along a non-tangential line South 62'38'23. West, a distance of 134.14 feat; thence run South 17'06'51.
West, a distance of 49.03 feet; thence rtIl South 00'32'01' West, a distance of 710.96 feet; thence run North
79'28'24. West, a distance of 78.01 feet to a point on a curve being concave southerly and having a radius of
410.07 feet, a central angle of 61'25'19. and a chord bearing and distance of South 77'42'06. West, 418.85 feet,
respectively; thence n.a1 westerly along said curve, an arc distance of 439.60 feet to a point on a non-tangential curve
being concave southeasterly and having a radius of 307.09 feet, a central angle of 14'54'19' and a chord bearing and
distance 01 South 41'24'48. West, 79.66 feet, respecUvely; thence run southwesterly along said curve. an arc distance
of 79.69 feet to the point of reverse curvature of a curve being concave northwesterty and having a radius of 46.70
feet, a central angle of 53.09'03' and a chord bearing and distance of South 60'32' 1 O' West, 41.78 feet, respectively;
thence run southwesterly along said curve, an arc distance of 43.32 feet; thence run along a non-tangential line South
85'14'02. West, a distance of 143.73 feet to a point on a curve being concave northeasterly and having a radius of
203.40 feet, a central angle of 51'36'38. and a chord bearing and distance of North 70'50'20' West, 177.08 feet,
respectively: thence run northwesterly along said curve, an arc distance of 183.21 feet to a point on a non-tangential
reverse curve being concave southeasteriy and having a radius of 205.00 feet. a central angle of 75'21'41' and a
chord bearing and distance of South 70'42'43' West, 2SO.62 feet, respectively; thence run southwesterly along said
curve, an arc distance of 269.64 feet: thence run North 56'58'OS' West a distance of 30.60 feet; thence run South
46'44'30. West a distance of 41.78 feet; thence run South 90'00'00. West, a distance of 10.00 feet: thence run
North 88'51'11. West, a distance of 31.19 feet; thence run North 80"45'12. West. a distance of SO.56 feet to an
intersection with the west line of said Section 30; thence run North 00'22'18' East along said west line, a distance
of 2047.80 feet to the said Point of Beginning.
Total acreage of Parcel 1 contains 28,569,302.05 square feet or 655.88 acrea of land; more or iesa..;
Agenda Item No. 17C
March 28, 2006
Page 15 of 21
ALSO INCLUDING THE FOLLOWING:
PARCEL 2
Description of Part of Section 32, Township SO South, Range 26 East, Collier County, Florida:
Beginning at the southwest corner of said Section 32; thence along the west line of said Section 32, North 02048'47.
East, 2394.57 feet; thence leaving said west line North 59056'01' East 2041.35 feet to the boundary 01 the plat of
Trail Acres Unit 2, Plat Book 4, page 62, Collier ColXlty, Florida; thence along said plat boundary South 39003'07'
East 1309.16 feet; thence continue along said plat boundary North S0055'09. East 762.41 feet; thence leaving said
plat boundary South 39004'51' East 430.46 feet; thence North 50058'21. East 199.96 feet to the boundary of the
plat of Trail Acres Unit 3, Plat Book 3, page 94, Collier County, Florida; thence along said plat boundary South
39001'39. East 962.19 feet; thence continue along said plat boundary South 87034'19. East 1003.95 feet to the east
line of said Section 32; thence Ieavlng said plat boundary and along said east line, South 02032'54' West 1912.12
feet to the southeast comer of said Section 32; thence along the south line of said Section 32, North 89040'29. West
2625.95 feet to the south quarter comer of said Section 32; thence continue along the south line of said Section 32,
North 89040'08' West 2625.60 feet to the said Point 01 Beginning;
Containing 313.76 acres. more or less.
Subject to easements and restrictions 01 record.
Bearings are based on the south line of said Section 31 being North 89041'53' West.
ALSO INCLUDING THE FOLLOWING:
PARCEL 3 (An easement interest only in Parcel 3)
A parcel of land situated in Section 31, Township 50 South. Range 26 East, Collier County, Aorlda and being more
particularly descrlbed as follows:
Commence at the southeast comer of Section 31, Township SO South, Range 26 East. Collier County, Florida and
run North 02048'47. East along the east line of said Section 31, a distance of 1899.79 feet to the Point of Beginning;
thence run South 89053'48. West, a distance of 409.72 feet to the point of curvature of a curve belng concave
northeasterly and having a radius 01355.00 feet, a central angle of 73029'53. and a chord bearing and distance of
North 53021'18. West, 424.80 feet, respectively; thence run northwesterly along said curve, an arc distance of 455.39
feet to the point of langency of said curve; thence run North 16036'21' Wesl, a distance of 497.55 feet to the point
of curvature of a curve being concave southwesterly and having a radius of 445.00 feet, a central angle of 18047'05.
and a chord bearing and distance of North 2505g54' West, 145.24 teet. respectively; ltlence run northwesterty along
said curve, an arc distance of t 45.90 feet; thence run North 83030'57. East. a distance of 122.06 feel 10 a point on a
curve being concave southwesterly and having a radius of 555.00 feet, a central angle of 12040'55' and a chord
bearing and distance of South 22056'49' East, 122.59 feet, respectively; thence run southeasterly along said curve, an
arc distance of 122.84 feet to the point of tangency of said curve; thence run South 16"36'21. East. a distance of
497.55 feet 10 the point of curvature of a curve being corcave northeasterly and having a radius of 245.00 feet, a
central angle 01 73029'53' and a chord bearing and distance of South 53021 '18' East, 293.17 feet, respectively;
thence run southeasterly along said curve, an arc distance of 314.28 feet to the point of tangency of said curve;
thence run North 89053' 46. Easl, a distance of 415.33 feet to an intersection with said easlline of Section 31:
thence run South 02048'47' Wesl along said east line, a distance of 110.14 feet 10 the said Point of Beginning.
Containing 157,195.12 square feet or 3.61 acres of land, more or less.
T olal acreage of Parcels 1, 2 and 3 is 973.23 acres of land, more or less.
EXHIBIT 4
Agenda Item No. 17C
March 28, 2006
Page 16 of 21
Agenda Item No. 17C
March 28, 2006
Page 17 of 21
RESOLUTION NO. 2006 . -L
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE WENTWORTH
EST A TES COMMUNITY DEVELOPMENT DISTRICT DIRECTING THE
CHAIRMAN AND ALL DISTRICT STAFF TO FILE A PETITION WITH THE
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY
REQUESTING THAT A SCRIVENER'S ERROR TO THE LEGAL
DESCRIPTION OF THE CDD BE CORRECTED; REQUESTING AN
AMENDMENT TO COUNTY ORDINANCE # 2004.37 wmCH ESTABLISHED
THE CDD; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS. the Wentworth Estates Community Development District (the
"District") is a unit of special-purpose government established pursuant to the Uniform
Community Development District Act of 1980, as codified in Chapter 190, Florida
Statutes ("Uniform Act"); and
WHEREAS, Petitioner, V.K. Development Corp.. petitioned the Board of
County Commissioners of Collier County, Florida (the "County") to establish the District
on or about April 8, 2004; and
WHEREAS, a public hearing was held on said Petition on June 8, 2004, in
accordance with 9 190.005, Florida Statutes; and
WHEREAS, Ordinance # 2004-37 ("Ordinance") was duly adopted by the
County on June 8, 2004, establishing the District; and
MlEREAS, The Petition contained a legal description representing the external
boundaries of the District that erroneously included 5.35 acres, more or less, of land
owned by Florida Power & Light (FP&L) for which Petitioner did not have consent,
which legal description is attached to this Resolution as Exhibit A; and
WHEREAS. Petitioner did not have consent to include these lands within the
legal description. such that these lands are not correctly included in the District; and
WHEREAS, Section 190.046. Rorida Statutes, is not applicable because of the
failure to properly include such lands; and
WHEREAS. the correct legal description of the external boundaries of the
District is attached to this Resolution as Exhibit B; and
WHEREAS, the District determined that the scrivener's error in the original legal
description of the District must be corrected; and
Agenda Item No. 17C
March 28, 2006
Page 18 of 21
WHEREAS, the proposed correction to the legal description and Ordinance are
in the best interests of the District, the County, and the future residents and landowners of
the District; and
WHEREAS, the proposed correction to the legal description and Ordinance is not
inconsistent with the State Comprehensive Plan or the Collier County Comprehensive
Plan; and
WHEREAS, the proposed correction to the legal description and Ordinance will
allow the District to continue to be of sufficient size, sufficiently compact, and
sufficiently contiguous to be developable as one functionally related community; and
WHEREAS, the proposed correction to the legal description and Ordinance will
allow the District to remain the best alternative available for delivering community
development services and facilities to the area served by the District; and
WHEREAS, the proposed correction to the legal description and Ordinance will
not cause the District's community development services and facili ties to be incompatible
with the capacities and uses of existing local and regional community development
services and facilities; and
WHEREAS, the proposed correction to the legal description and Ordinance will
allow the District to remain amenable to separate special-district government; and
WHEREAS, in order to seek a correction to the legal description and Ordinance
the District desires to authorize the Chairman, members of the board of supervisors, and
District Staff to petition the County to correct the scrivener's error and amend the legal
description of the Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE WENTWORTH ESTATES COMMUNITY DEVELOPl\1ENT
DISTRlCT:
Section I: The recitals as stated above are true and correct and by this reference are
incorporated into and form a material part of this Resolution.
Section 2: The Board hereby directs the Chairman and District Staff to proceed in an
expeditious manner with the preparation and filing of the petition to the County to correct
the scrivener's error to the legal description of the District and amend the Ordinance.
Section 3:
This Resolution shall become effective upon its passage.
PASSED this
ATTEST:
/0
/'
day of /7-"(tl> II d "'7
~~~
Secretary
Agenda Item No. 17C
March 28, 2006
Page 19 of 21
-'1
.2006.
WENTWORTH ESTATES
COMMUNITY DEVELOPMENT
DISTRICT
~
Chairman. Board of Supervisors
~"1
Agenda Item No. 17C
March 28, 2006
Page 18 of 21
WHEREAS, the proposed correction to the legal description and Ordinance are
in the best interests of the District, the County. and the future residents and landowners of
the District; and
WHEREAS. the proposed correction to the legal description and Ordinance is not
inconsistent with the State Comprehensive Plan or the CoJlier County Comprehensive
Plan; and
WHEREAS. the proposed correction to the legal description and Ordinance will
allow the District to continue to be of sufficient size, sufficiently compact, and
sufficiently contiguous to be developable as one functionally related community; and
WHEREAS, the proposed correction to the legal description and Ordinance will
allow the District to remain the best alternative available for delivering community
development services and facilities to the area served by the District; and
WHEREAS, the proposed correction to the legal description and Ordinance will
not cause the District's community development services and facilities to be incompatible
with the capacities and uses of existing local and regional community development
services and facilities; and
WHEREAS, the proposed correction to the legal description and Ordinance will
allow the District to remain amenable to separate special-district government; and
WHEREAS. in order to seek a correction to the legal description and Ordinance
the District desires to authorize the Chairman. members of the board of supervisors. and
District Staff to petition the County to correct the scrivener's error and amend the legal
description of the Ordinance.
NOW THEREFORE~ BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE WENTWORTH ESTATES COMMUNITY DEVELOPMENT
DISTRlCT:
Section I: The recitals as stated above are true and correct and by this reference are
incorporated into and form a material part of this Resolution.
Section 2: The Board hereby directs the Chairman and District Staff to proceed in an
expeditious manner with the preparation and filing of the petition to the County to correct
the scrivener's error to the legal description of the District and amend the Ordinance.
Section 3:
This Resolution shall become effective upon its passage.
KINGS LAKE
(DRI)
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(C.R. 884)
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LEL Y, A R ORT COMMUNITY
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Agenda Item No. 17C
March 28, 2006
Page 21 of 21
Hopping Green & Sams
Attorneys and Counselors
February 10, 2006
Jeffrey Klatzkow, Esq.
Office of the County Attorney
3301 Tamiami Trail East, Building F
Naples, Florida 34112
Dear Jeff:
Enclosed please find a petition from the Wentworth Estates Community Development
District regarding the correction of a scrivener's error in the district's legal description. I will
provide under separate cover a proposed ordinance form. Additionally, petitioner proposes to
provide to you affidavits in support of the petition which are also forthcoming.
Please accept this letter as written confirmation of petitioner's agreement to pay all notice
costs associated with this ordinance amendment.
I look forward to speaking with you soon.
Very Truly Yours,
~d~;
Jonathan T. Johnson
JTJ/grg
Enclosure(s)
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Post Office Box 6526 Tallahassee, Florida 32314 123 South Calhoun Street (32301) 850222.7500 850.22t8551 lax www.hgslaw.com