Agenda 03/25/2008 Item #10G
Agenda Item No. 10G
March 25, 2008
Page 1 of 13
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway and drainage
improvements for the final plat of Olde Cypress Unit One (Olde Cypress
PUD), roadway and drainage improvements from Logan Boulevard into the
project will be privately maintained. Collier County will accept
maintenance for the roadway and drainage improvements within the Logan
Boulevard Extension right of way (Tract R-1)
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as Olde Cypress Unit One.
CONSIDERATIONS:
1. On March 24, 2000, Engineering and Environmental Services Department
granted preliminary acceptance of the roadway and drainage
improvements in Olde Cypress Unit One.
2. The roadway and drainage improvements except for Logan Boulevard will
be maintained by the project's Master Property Owners Association. On
September 6, 2003 the County accepted a Warranty Deed for Tracts R-1
and R-3 (Logan Boulevard) according to the plat of aide Cypress Unit
One. The developer's to the North of Olde Cypress are responsible for
the roadway and drainage improvements within Tract R-3 and the County
will accept maintenance for these improvements at a future date. A copy
of this deed is attached, The roadway will not function as a through public
road for an undetermined amount of time yet the County will be assuming
all of the maintenance responsibilities, The County will require all future
development approvals north of this section of roadway to be responsible
for fair share of maintenance or deterioration due to additional traffic or
construction impacts,
3, The required improvements have been constructed in accordance with the
Land Development Code. The Engineering and Environmental 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. On April 13, 1999, the Board entered into a Construction and Maintenance
Agreement for Subdivision Improvements with the developer. The
developer has fulfilled his obligations with respect to the Agreement.
Agenda Item No. 10G
March 25, 2008
Page 2 of 13
6. According to PUD Monitoring, the outstanding PUD commitments are as
follows: park site, nature trails, fair share contribution for traffic signal.
The developer is in the process of closing out this PUD and addressing
these issues. The Transportation Services Department has requested
that the developer prepare a full DRI Monitoring Report that would include
the preparation of a full traffic study, in order to establish the developer's
fair share as it relates to the Development Order commitments. The
developer has provided a proposal to fulfill park and walking trails
requirement; however, staff has advised the developer that the proposal
must include at a minimum an amendment to the PUD Master Plan to
reflect the location of the park site or a site development plan to accurately
reflect the proposed improvements, The developer has acknowledged the
outstanding PUD commitments and intends to fulfill these obligations in a
timely manner. The Preserve Commons commercial subdivision is also
within this PUD and the County currently has a performance security from
this developer for the infrastructure improvements associated with
Preserve Commons.
Pursuant to Board direction initiated at the PUD monitoring Workshop of
October 11, 2007, staff is providing the status of PUD obligations
associated with this PUD.
7. A letter from the Olde Cypress Master Property Owner's Association is
attached. The developer was unable to obtain a letter from a resident
because no one who was approached was willing to accept the
responsibility for signing off on behalf of all property owners.
FISCAL IMPACT:
The roadway and drainage improvements within the subdivision will be
maintained by the project's Master Property Owner's Association. Funds for
maintenance of Logan Boulevard within Tract R-1 will come from Transportation
operations and maintenance budget.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution for legal
sufficiency.
Agenda Item NO.1 OG
March 25, 2008
Page 3 of 13
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in Olde Cypress Unit One 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: Stan Chrzanowski, P.E" County Engineer, Engineering and
Environmental Services Department
Item Number:
Item Summary:
Meeting Date:
Page lof2
Agenda Item No. 10G
March 25, 2008
Page 4 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10G
This item continued from the February 26, 2008 BeC meeting and is further continued to the
March 25, 2008 BCC meeting, Recommendation to grant final approval of the roadway
(private) and drainage improvements for the final plat of Olde Cypress Unit One (Olde
Cypress PUD), The roadway and drainage Improvements will be privately maintained, (Stan
Chrzanowski, Sr Engineer, Engineering & Environmental Services Department, CDES)
3/25/200890000 AM
Prepared By
Stan Chrzanowski
Community Development &
Environmental Services
Engineering Review Manager
Date
Engineering Services
1/2/20088:40:13 AM
Approved By
Jeff Wrig ht
County Attorney
Assistant County Attorney
Date
County Attorney Office
1/16/200810:13 AM
Approved By
MaryAnn Devanas
Community Development &
Environmental Services
Senior Planner
Date
Zoning & Land Development Review
1/17/20084:58 PM
Approved By
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Environmental Services Director
Date
Environmental Services
2/28/2008 1 :05 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
2/28/20082:35 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
2/28/2008 4:03 PM
Approved By
Claudine Auclair
Transportation Services
Principal Planner
Date
Transportation Planning
3/17/20082:13 PM
Approved By
OMS Coordinator
Applications Analyst
Date
file://C:\AgendaT est\Export\ I 03-March%2025, %202008\ 10. %20COUNTY%20MANAGE...
3/19/2008
Page 2 of 2
Agenda Item NO.1 OG
March 25, 2008
Page 5 of 13
Administrative Services
Information Technology
3/17/20083:26 PM
Approved By
John A. Y onkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
3/17120086:36 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/17/20086:50 PM
fiJe://C:\AgendaTest\Export\ J 03-March%2025,%202008\ 1 0.%20COUNTY%20MANAGE... 3/19/2008
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Agenda Item No. 10G
March 25, 2008
Page 7 of 13
STOCK COMMUNITY SERVICES, LLC
2647 Professional Circle, Suite #1213
Naples, Florida 34119
Phone: 239-262-9232 Fax: 239-298-5699
December 20, 2007
Board of Collier County Commissioners
C/O Developmental Services, Engineering Review
2800 North Horseshoe Drive
Naples, Florida 34104
Attention: Mr. Stan Chrzanowski, P.E.
Re: Unit One, Olde Cypress Development
Dear Stan:
As President of the Olde Cypress Master Property Owners Association, the owners of all
improvements regarding the above referenced property, I submit the following request.
All improvements to Unit One, OJ de Cypress Development; roadways, storm drainage,
streetlights, signage landscaping and irrigation are owned and maintained by the Olde
Cypress Master Property Owners Association.
The aforementioned infrastructure improvements have been completed. County
inspectors have performed the final inspections and have certified the improvements and
all subsequent punch list items required have been satisfactorily completed.
The developer controlled Olde Cypress Master Property Owners Association,
understands they are responsible for all or shared maintenance of the roads, storm water
management system, sidewalks and all other dedicated improvements. Prior to turnover
of the association from developer to the members, the members or member
representatives will be informed of the obligations.
As the original infrastructure requirements have been satisfactorily performed and
inspected by County personnel, we request the refund of the performance bonds for Unit
One, Olde Cypress.
Please advise if you have any questions in this regard,
~inc <:1 ,. ~
1d'#<--1'
laine Spivey, Pr dent
Stock Community Services, LLC
PROJECT NAME: OIde C"....
FOI.IO NO.: Trod R.' (8<82-1
Tro" R.3 (8<825OOO4O!l1
Agenda Item No. 10G
3260391 OR: 3398 PG: 1211-1arch 25, 2008
IIClIIIIt II OlllClI.\ _ II_~, Il,Page 8 of 13
1I11l//tIllt II :JIIIIIICIlI. -. CUll
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WARRANTY DEED
THIS WARRANTY DEED made this -1L day of August. 2003, by OLDE
CYPRESS DEVEl.O....ENT, l.TD.. A Fl.ORIDA UMlTED PARTNERSHIP ancI OLDE
CYPRESS MASTER PROPERTY OWNER'S ASSOCIATlON,INC~ A FLORIDA NOT
FOR PROFIT CORPORA110N, whosemailingadd_Is5692SlTandCourt.SuIlB '1,
Naples, Florida 341 10 (herelnaftar referred to as "Grantor"), \0 COl.UER COUNTY, a
polRlcel subdivision of the SIllte of Aoricla, Ita SUcceaol1l and easigna, whose post
ollice address is 3301 Tamiaml Trail East, Naples, F1oricIa. 34112 (henlinafler lelened
10 es .Grant....).
,.<e"---::R c~-~~
(Wherever uHd haleln the te ~ ~ . Include an the partiello this
Instrumenl and their I'llapecli,;t~ legal repre ~ and aaalgns.)
WITNESSETH: ~t ". r, r iCl in COJl . . n of the 11Im of Ten
OoHars (510.00) and ~ \., \ ~ whereof is heI'llby
acknowledged, hereby llI'll, al a, \~, reIanea, COR'o/eYS and
conllrma unto the Grantelt-1l ' . .r County, F1oricIa, 10 wit:
\~ - ~ ~l '~J
See Attached E~'fiiI;! "A' which Is i~liIIIein by reference,
\:1- . '-k \.. I
Subject to "Hments, restric\io~/..~G~rd,
'-.-!JIF qv..v
This is NOT the Homestead P"'P6i1, 0 me Grantor.
TOGETHER with an the "'namenta, heredllamenla and appurtenencea thereto
belonging or In anywise appertaining,
nTO HAVE AND TO HOl.D the IIlIme in fee simple to_r.
AND the Grantor hereby covenanla wtth IIlIId Grantee that the Granlor is lawfully
seized 0' said land in fee simple: thai the Gnlntor has good right and lawful authority 10
seil and convey said land; that the Gnlnlor hereby fully _rranla the tIIIe 10 said land
and will defend the same against the lawful claims of all persons whomsoever. and thel
aald land Is free of all encumbrances except as noted above,
IN WITNESS WHEREOF, the Mid Grantor has algned and ae8Ied U-
p_nla the day and year first above written.
----
OR: 3398 PG: lrrrnd~~~~~ r5~21~~
Page 9 of 13
kt-rAi" ..flt '\"^p-^.If4i'
Witne (Signature)
OLOE CYPRESS DEVELOPMENT, LTD., A
FLORIDA LIMITED PARTNERSHIP
S,kro.-n.:. M Trap.".
(Print Nlme)
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Wilne.. (Signature)
'lJwl' y(, fl-lu.i'\-'[\ ~ /
(Print Nlme) .,-- Y
BY: STOCK DEVELOPMENT, LLC,
A FLORIDA LIMITED LIABILITY COMPANY,
ITS GENERAL PARTNER
5692 STRAND COURT
SUITE "
NAPLES, FLORIDA 34"0
STATE OF FLORIDA ~R 6;'>0>"
COUNTY OF COlliER /C.~/ ~Z();\
The foregoing EalMmJnt ";'1;~Owt~fo~\~,this ..1L.. day of August,
2003, by BRAD BLACKf~' Vi, I ~'~ ~EVEt.OPMENT, LLC, I FIoricII
limited liability complnYI .' I I r# ~.Ii 'C c.yp~ESS DEVELOPMENT, LTD.,
e Floridl limited partna . , I J!1t lIm~i~ COI1lplIny and the limited
partnership, He Is persd~\ known 0 me, '\,! / ::,;:/~
\..;:. \ "7\""" I ,ji?>! \ ~
(Affix nolariallMBI) '<1,'" ''y''j'(:3J:i .Jot...A....J~
'''-.,0/::;:______--:.(\.. Signa~~ of Nolaly) .
'--JlfF C1\<.~
(Print NI~ofN )
DENSWUVHY mmISSIOn'_it"\\"+~~
NOTAJ:'tPUlUCSTATtOf ",f
CCIol"",""", NO. OO142ll1 Commission Expires: I I r 1'tCll)V\,o
roM p!'. ".J.
"-J ~ / OLDE CYPRESS MASTER PROPERTY
~ (Signature) OINNER'. ASSOCIATION, a Florida not-for-
,,"'- ",-" ,,' "-~( ~
(Print NIlIl8)' ~
II.......;...ft\.. I\A.i'\L1I'\,ot,. BY:
WIl~' (Slgnlture) , B BLA, sidenl
~f.",... M .Tra~~';
(Print Nlme)
(CORPORATE SEAL)
5692 STRAND COURT
SUITE "
NAPLES, flORIDA 34"0
2
OR: 3398 PG: 1'nr~~~~~ r5~' o~
Page 10 13
STATE OF FLORIDA
COUNTY OF COLLIER
The forwgolng Easement wal acknowledged befo!1l me thillL day of August,
2003, by BRAD BLACK, el Prealclanl of OLD CVPRESS MASTER PROEPRTY
OWNER'S ASSOCIATION, INC., a Florlcla nol-for1lrofll cofl)Ol1lllon, on behalf of the
corporation. He il pel'lonally known to me,
^
0EN15E MUUItY
NaTAnPUlUCstAlICFf'l,CIIJDA
CON_NO.OD1-
MYa.lM EX .
~(~A---~ ~
in&tu!1l of Nolaly)
t1fC..J f\..l.l\"~
( r1nt N_~ Nol8ry
Cornmllalon . lh \4 ~;
My Commls$lon Expirea:(l I I '-f)O~
(Affix nolarlal leal)
,
IIIfflclttICl
.. to \'foR C~
..."toot COUIIJ.~rtto....t~. ;-.~
n1..T. ~\ '\ \
((7'J~O-'mw \
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OR: 3398 PG'f9ffffl~~~~ 2N5~ ~~
Page 11 13
EXHIBIT A
TRACT R.3 OF OLDE CYPRESS, UNIT ONE, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 32, PAGES 1 THROUGH 11,
INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
TOGETHER WITH
TRACT R.1 OF OLDE CYP.RES~-~'(O~~-ACCORDING TO THE PLAT
THEREOF RECORDED )t(:;~BOOk:-.ar1'~GES 1 THROUGH 11,
INCLUSIVE, OF THE p):lBi;lc RECORDS OF CotL1ER COUNTY, FLORID....
LESS AND EXCEPT o/PoA~ R.l'QF OLDE CYPRESS, UNIT
ONE, ACCORDING TO n'i~ EREOF' REC9R~D IN PLAT BOOK 32
AT PAGES 1 THR~U<P'1 ~m L EOORDS OF COLLIER
COUNTY, FLORID ,~~I/'lG. REI LAA~Y DESCRIBED AS
FOLLOWS: ~ :r::.\~~ RI:;:i'ICORNER OF mACT
R.' OF OLDE CYPRE:.i5,' UNIT ONE, ACC'iilRDINGiiO"THE PLAT THEREOF
RECORDED IN PLAT ~ 32 AT PAGEs"mRt!l:lGH 11 OF THE PUBLIC
RECORDS OF COLLlE~~NTY, FLORIG,,?' 'CE RUN S.OO'52'26"E.,
ALONG THE BOUNDARY'QP"~D-IBACl .: R A DISTANCE OF 60.00
FEET; THENCE RUN S.89'or'~,(i\l~ THE BOUNDARY OF SAID
TRACT R.1, FOR A DISTANCE Oh5:l6FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY: THENCE RUN
WESTERLY, ALONG THE BOUNDARY OF SAID mACT R.l AND ALONG
THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 10.00
FEET, THROUGH A CENTRAL ANGLE OF 24'47'04", SUBTENDED BY A
CHORD OF 4,29 FEET AT A BEARING OF S,7fl'O<<'02"W" FOR A DISTANCE
OF 4.33 FEET TO THE END OF SAID CURVE: THENCE RUN S,84'20'31"W.,
ALONG THE BOUNDARY OF SAID TRACT R.l, FOR A DISTANCE OF 212,11
FEET TO THE BEGINNING OF A TANGENTIAL CIRCUlAR CURVE,
CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG
THE BOUNDARY OF SAID TRACT R-l AND ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, THROUGH A
CENTRAL ANGLE OF 65'20'22", SUBTENDED BY A CHORD OF 43.18 FEET
AT A BEARING OF S.31'40'20"W.. FOR A DISTANCE OF 45,62 FEET TO THE
END OF SAID CURVE; THENCE RUN N.03"38'24"W, FOR A DISTANCE OF
10<<,50 FEET TO A POINT ON THE BOUNDARY OF SAID mACT R.1, THE
SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY,
WHOSE RADIUS POINT BEARS N.79'47'12"E. A DISTANCE OF 40.00 FEET
THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE BOUNDARY
OF SAID TRACT R-' AND ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 40,00 FEET, THROUGH A CENTRAL ANGLE OF
105'26'41', SUBTENDED BY A CHORD OF 63.66 FEET AT A BEARING OF
S.62'58'09'E" FOR A DISTANCE OF 73.61 FEET TO THE END OF SAID
CURVE; THENCE RUN N.64'20'31'E" ALONG THE BOUNDARY OF SAID
EXtBT L
,... I .....2:.-
--
ttt OR' 3398 PG,Amda~"'" NO.1 OG
. . %1arch 25, 2008
Page 12 of 13
TRACT R-1, FOR A DISTANCE OF 155.74 FEET TO THE BEGINNING OF A
TANGENTlAL CIRCULAR CURVE, CONCAVE SOUTHERLV; THENCE RUN
EASTERLY, ALONG THE! BOUNDARV OF SAID TRACT R-l AND ALONG THE
ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET,
THROUGH A CENTRAL ANGLE OF 24'4T04', SUBTENDED BV A CHORD OF
30.04 FEET AT A BEARING OF N.76'44'Q2"E., FOR A DISTANCE OF 30,28
FEET TO THE END OF SAID CURVE; THENCE RUN N.811'07'3.oI"E., ALONG
THE BOUNDARY OF SAID TRACT R-l, FOR A DISTANCE OF 35.16 FEET TO
THE POINT OF BEGINNING;/CQ~~~~.~B4.5 SQUARE FEET, MORE
OR LESS. ,/-.''''9-:' l /\)~
.0 )- '\
TOGETHER WITH: U ~
COMMENCING AT E nON 21, TOWNSHIP
48 SOUTH, RANG , FLORIDA: THENCE
PROCEED N 00' 59' G THE SOUTHWEST
CORNER OF OLDE ING TO THE PLAT
THEREOF RECORD '. S 1 THROUGH 11,
INCLUSIVE, OF THE COUNlY, FLORIDA;
THENCE PROCEED N 8 3" E, 220,14 E ONG THE SOUTHERLV
BORDER OF OLDE CVPR, TO E POINT OF BEGINNING
OF THE PARCEL HEREIN 0 CE CONTINUE ALONG THE
SOUTHERLY BORDER OF OLDE CYPRESS, UNIT ONE, N 89' 08' 23" E, 100
FEET TO A POINT; THENCE PROCEED S 00' 59' 33' E, 100 FEET TO THE
NORTHERLV EDGE OF THE ROAD RIGHT-OF-WAY OF STATE ROAD 846,
COMMONLY KNOWN AS IMMOKALEE ROAD: THENCE PROCEED S 89' 08'
23" W, 100 FEET, ALONG THE NORTHERLY BORDER OF SAID ROAD
RIGHT-OF-WAY; THENCE PROCEED N 00' 59' 33' W, 100 FEET TO THE
POINT OF BEGINNING.
EXtEIT' ..L
... :l- ....L.-
Agenda Item NO.1 OG
March 25, 2008
Page 13 of 13
RESOLUTION NO. 08-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN OLDE
CYPRESS UNIT ONE, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK
32, PAGES I THROUGH 11; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
OLDE CYPRESS MASTER PROPERTY
OWNER'S ASSOCIATION, i.e, LOGAN
BOULEVARD EXTENSION WITHIN TRACT R-I
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
April 13, 1999 approved the plat of aide Cypress Unit One for recording; and
WHEREAS, the Developer has constructed and maintained the roadv..'aY 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 and Environmental 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 Olde Cypress Unit One,
pursuant to the plat thereof recorded in Plat Book 32, pages 1 through 11, and the Clerk is
hereby authorized to release the maintenance security.
BE 1T FURTHER RESOLVED A..1'o/D 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 OIde Cypress Master Property
Owner's Association, i.e. that portion of Logan Boulevard within Tract R-l. Logan
Boulevard was deeded to Collier County at O.R. Book 3398, Pages 1214 -1218.
This Resolution adopted after motion, second and majority vote favoring same,
this _ day of , 2008.
DATE:
ATTEST:
DWIGHT E. BROCK. CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN
. Deputy Clerk
Approved as to form and legal
sufficiency:
,"\ -
'-t~t~ t-
Jef~ WIght
Ass tant Collier County Attorney