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Resolution 2000-443 DO 2000-005
17A ~ ''': ..,~ RESOLUTION NO. 00-443 DEVELOPMENT ORDER 00-5 DEVELOPMENT ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR THE COLLIER COUNTY GOVERNMENT CENTER, A DEVELOPMENT OF REGIONAL IMPACT LOCATED IN SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHEREAS, Collier County, on December 22, 1999, filed an application for development approval (ADA) of a development of regional impact (DRl) known as the Collier County Government Center DRl in accordance with Section 380.06, Florida Statutes; and WHEREAS, the Collier County Govemment Center DRl has been reviewed by, and received all necessary approvals from Collier County agencies, departments, and boards required as conditions precedent DRl approval; and WHEREAS, the Board of County Commissioners is the governing body of the unincorporated area of Collier County, has jurisdiction pursuant to Section 380.06, Florida Statutes, and is authorized and empowered to consider applications for development approval and to issue development orders for DRls located within its jurisdiction; and WHEREAS, the public notice requirements of Section 380.06 and the Collier County Zoning Ordinance have been satisfied; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the Collier County Government Center DRl Application for Development Approval (ADA) on November 2, 2000; and WHEREAS, Collier County, through its Facilities Management Department, and the State of Florida Department of Community Affairs, entered into an Amended Preliminary Development Agreement on May 10, 2000, which authorized commencement of construction of an addition to the Collier County Jail and construction of a juvenile detention facility by the Florida Department of Juvenile Justice prior to issuance of a final DRl Development Order for the Collier County Government Center DRl; and WHEREAS, the issuance of a development order pursuant to Chapter 380.06, Florida Statutes does not constitute a waiver of any powers or rights regarding the issuance of other development permits not consistent herewith by the County or State; and WHEREAS, on November 28, 2000, the Board of County Commissioners, at an open public hearing held in accordance with Section 380.06, Florida Statutes, having considered the ADA for the Collier County Government Center; the report and recommendations of the SWFRPC; the record of the documentary and oral evidence presented to the Collier County Planning Commission; the report and recommendations of the Collier County Planning Commission; the recommendations of the Collier County Staff and Advisory Boards; and the record made at said hearing, makes the following findings of fact and conclusions of law: FINDINGS OF FACT 1. The real property which is the subject of the ADA and this Development Order is legally described as set forth in Exhibit "A," attached hereto and incorporated herein by reference.. 17A The applicant submitted to the County an ADA and supplementary ADA sufficiency responses, collectively referred to as composite Exhibit "B", which by reference are made a part hereof to the extent that they are not inconsistent with the terms and conditions of this Development Order. The application for development approval, including the applicant's supplementary ADA responses to agency sufficiency questions, is consistent with Subsection 380.06, Florida Statutes, (1999). Portions of the approximately 55 acres comprising the Collier County Govemment Center DRI were developed and in use prior to the filing of the ADA, containing 537,572 gross square feet of existing office space. Of this existing amount of building area, a total of 110,944 square feet are "vested" because they were built or under construction prior to July 1, 1973, as determined by the Department of Community Affairs (DCA) Binding Letter of Interpretation of Vested Rights, dated November 1, 1999, (DCA File No. BLIVR-0900-002). The Collier County Govemment Center DRI is planned to contain a maximum of 996,799 gross square feet of office space, including the 110,944 square feet of floor area found to be "vested" by DCA, on the land legally described in Exhibit A. The office space will be constructed in three development phases, with build-out projected to occur in the year 2012. The Master Plan for the Collier County Government Center DRI is depicted on Map H, attached hereto as Exhibit "C" and incorporated by reference herein. o The development is consistent with the report and recommendations of the SWFRPC submitted to Collier County pursuant to Subsection 380.06(12), Florida Statutes. The proposed Collier County Government Center DRI is consistent with the Collier County Comprehensive Plan and local land development regulations. o The development will not interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area, and is consistent with the State Comprehensive Plan (Ch. 187, Florida Statutes). The development is not in an area designated as an area of critical state concern pursuant to the provisions of Section 380.05, Florida Statutes, as amended. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, in public meeting duly constituted and assembled on this 28th day of November, 2000, that the Collier County Government Center application for development approval is hereby approved, subject to the following conditions: 1. ENERGY: The Collier County Government Center will incorporate the following energy conservation features where applicable, feasible, or required by the Collier County Land Development Code in all future phases: ao Provision of a bicycle/pedestrian system connecting all buildings and other land use types, to be placed along arterial and collector roads within the Project. This system is to be consistent with local government requirements. 2 be Provision of bicycle racks or storage facilities in recreational and office commercial areas. do go ho Cooperation in the locating of bus stops, shelters, and other passenger and system accommodations for a transit system to serve the Project area. Use of energy-efficient features in window design. Use of operable windows and ceiling fans. Installation of energy-efficient appliances and equipment. Prohibition of deed restrictions or covenants that would prevent or unnecessarily hamper energy conservation efforts (e.g., building orientation and solar water heating systems). Reduced coverage by asphalt, concrete, rock, and similar substances on streets, parking lots, and other areas to reduce local air temperatures and reflected light and heat. Installation of energy-efficient lighting for streets, parking areas, and other interior and exterior public areas. jo Use of water closets with a maximum flush of 3.5 gallons and shower heads and faucets with a maximum flow rate of 3.0 gallons per minute (at 60 pounds of pressure per square inch). Selection of native plants, trees, and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance, and other needs. Planting of native shade trees to provide reasonable shade for all streets and parking areas. Placement of trees to provide needed shade in the wanner months while not overly reducing the benefits of sunlight in the cooler months. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize the natural cooling effects of the wind. Provision for structural shading wherever practical when shading cannot be used effectively. AFFORDABLE HOUSING: An analysis of the need for affordable housing generated by the Government Center DRI was conducted using the methodology developed by the East Central Florida Regional Planning Council, which has been approved by the Department of Community Affairs and the Southwest Florida Regional Planning Council. The analysis of affordable housing impacts associated with the Collier County Government Center DRI concludes that there is and will be an adequate supply of affordable housing proximate to the Government Center to meet the demands created by the Project, through the build-out of the Project, anticipated in 2012. A re-analysis of the employee housing demands of Phases II and III of the Collier County Government Center Project will be required prior to the start of each Phase only if Collier County significantly changes the number of employees working at the Government Center, or significantly lowers their anticipated wages, in comparison to the data submitted and reviewed by the Southwest Florida Regional Planning Council during its original analysis of the affordable housing demand generated by the Project. TRANSPORTATION: ao bo Collier County shall be fully responsible for site- related roadway and intersection improvements required within the Collier County Government Center DRI, including those along U.S. 41 and Airport-Pulling Road, bordered by and providing access to the DRI, and on Palm Drive as a secondary access. Adequate commitments to provide the necessary transportation improvements, including design and engineering, utility relocation, fight-of-way acquisition, construction, construction contract administration, and construction inspection necessary to maintain the adopted level of service for the following significantly impacted regional roadways through Phase I: Roadway From To Airport-Pulling Road* Radio Road Davis Boulevard Airport-Pulling Road* Davis Boulevard U.S. 41 * ART_PLAN analysis shows that Airport-Pulling Road operates at acceptable LOS with or without intersection improvements. C° Adequate commitments to provide the necessary improvements including, but not limited to, fight-of-way, cost of signalization, turn lanes, and other improvements deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intersections through Phase I: INTERSECTION IMPROVEMENT U.S. 41 ~ Airport-Pulling Road Add Southbound left-mm lane Airport-Pulling Road @ Davis Blvd. Add Northbound right-mm lane Add Southbound right-mm lane Airport-Pulling Road ~ Glades Blvd. Signalization, if warranted Lakewood Blvd. ~ Glades Blvd. Add Southbound right-mm lane and conversion to 3-way stop control Palm Drive ~ Harrison Road Signalization, if warranted do Adequate commitments to provide the necessary transportation improvements, including design and engineering, utility relocation, fight-of-way acquisition, construction, construction contract administration, and construction inspection necessary to maintain the adopted level of service for the following significantly impacted regional roadways through Phase II: Roadway From To U.S. 41' Davis Boulevard Airport-Pulling Road U.S. 41' Airport-Pulling Road Lakewood Boulevard U.S. 41' Lakewood Boulevard Rattlesnake Hammock Rd. Airport-Pulling Road* Radio Road Davis Boulevard Airport-Pulling Road* Davis Boulevard U.S. 41 * ART_PLAN analysis shows that Airport-Pulling Road and U.S. 41 operate at acceptable LOS with or without intersection improvements. 4 eo 17A Adequate commitments to provide the necessary improvements including, but not limited to, fight-of-way, cost of signalization, turn lanes, and other improvements deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intersections through Phase II: INTERSECTION IMPROVEMENT U.S. 41 @ Airport-Pulling Road Add 2 Southbound left-mm lanes Airport-Pulling Road @ Davis Blvd. Add Northbound fight-mm lane Add Southbound right-mm lane Add Eastbound right-turn lane Add Eastbound left-turn lane Airport-Pulling Road ~ Radio Road Add Westbound left-mm lane Airport-Pulling Road @ Glades Blvd. Signalization, if warranted Lakewood Blvd. ~ Glades Blvd. Add Southbound right-mm lane and Northbound left-mm lane and conversion to 3-way stop control Palm Drive ~ Harrison Road Signalization, if warranted Adequate commitments to provide the necessary transportation improvements, including design and engineering, utility relocation, right-of-way acquisition, construction, construction contract administration, and construction inspection necessary to maintain the adopted level of service for the following significantly impacted regional roadways through Phase III: Roadway From To U.S. 41' Davis Boulevard Airport-Pulling Road U.S. 41 ** Airport-Pulling Road Lakewood Boulevard U.S. 41 ** Lakewood Boulevard Rattlesnake Hammock Rd. Airport-Pulling Road# Radio Road Davis Boulevard Airport-Pulling Road# Davis Boulevard U.S. 41 * ART_PLAN analysis shows that U.S. 41 operates at acceptable LOS with intersection improvements. ** ART_PLAN analysis shows that U.S. 41 operates below acceptable LOS with or without intersection improvements. # ART_PLAN analysis shows that Airport-Pulling Road operates at acceptable LOS with intersection improvements. go Adequate commitments to provide the necessary improvements including, but not limited to, fight-of-way, cost of signalization, turn lanes, and other improvements deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intersections through Phase III: INTERSECTIOBI U.S. 41 ~ Airport-Pulling Road Airport-Pulling Road ~ Davis Blvd. IMPROVEMENT Add 2 Southbound left-mm lanes Add Eastbound left-mm lane Add Eastbound right-turn lane Add Northbound fight-mm lane Add Southbound right-tum lane Add Eastbound right-mm lane Add Eastbound left-turn lane Add Northbound left-mm lane Add Southbound left-mm lane Airport-Pulling Road ~ Radio Road Add Westbound left-mm lane Add Northbound right-mm lane Airport-Pulling Road ~ Glades Blvd. Signalization, if warranted Lakewood Blvd. ~ Glades Blvd. Add Southbound right-turn lane and Northbound left-mm lane and conversion to 3-way stop control Palm Drive ~ Harrison Road Signalization, if warranted Improvements to the facilities outlined in recommendations b,c,d,e,f, and g above shall be made at the time that a road segment or intersection is expected to operate below the level of service standard adopted in the Collier County Comprehensive Plan. No building permits for a given phase of this Project shall be issued unless the identified improvements for that phase are: a) complete, b) under construction, c) the subject of a clearly identified, executed and recorded Local Government Development Agreement consistent with Sec. 163.3220 through 163.3423, Florida Statutes, incorporated into the Development Order ensuring completion concurrent with the impacts of development; d) the subject of a binding commitment from Collier County ensuring completion concurrent with the impacts of development incorporated into the Development Order; e) the subject of a binding commitment by the County in the current three years of the Capital Improvements Element; or f) the subject of a binding and enforceable commitment by the developer to provide the improvement concurrent with the impacts of development. Any combination of the above, which ensures that the improvement is also acceptable, provided the SWFRPC, Collier County, and DCA agree that the combination meets the intent of the Transportation Uniform Standards Rule. As an alternative to these requirements, Collier County may pay the higher of either (1) the amount of road impact fees payable under the County's road impact fee ordinance (Ord. 2000-56, as amended), or (2) the a proportionate share contribution, calculated consistent with the formula in Paragraph 9J-2.045(1)(h), F.A.C., for the improvement(s). Either of these alternative payment amounts shall be applied only to the construction of one or more of the significantly impacted roadway improvements listed above, or some reasonable alternative which, if constructed, will reduce traffic volumes on one or more of the listed segments. No building permits for a given phase shall be issued unless either the road impact fee amount is paid at the time that permits are issued or the proportionate share payment for the construction of a needed improvement for that phase is incorporated into the Development Order and until either the impact fee or proportionate share contribution amount is received by the County. Any delay in payment or change of the proportionate share payment shall require a re-analysis of the payment amount in a Notice of Proposed Change. To determine the project impact on regional facilities, an annual monitoring report shall be submitted to Collier County, Florida Department of Transportation, Florida Department of Community Affairs, and SWFRPC for review and approval. The first monitoring report shall be submitted one year after the recorded date of the approval of the Development Order, and successive reports one year thereafter, to the end of Phase I construction, and for successive phases as subsequently updated to project build-out. At a minimum, the report shall contain a summary of construction and development activities to date, in the categories of development as recorded in the Development Order. In addition, the report shall contain p.m. peak hour trip generation estimates and turning movements at each of the Project's access points, and the off-site intersections listed in c, e and g above. The report shall also provide a calculation of the existing levels of service for the facilities referenced in paragraphs b,c,d,e,f, and g above. Finally, an estimate of the level of development expected to be added by 6 17A the Project for the forthcoming year will be provided. The monitoring report shall identify the status of the road improvements assumed to be committed in the DRI Development Order and address any deviation from the identified schedule. Critical Regional Facilities U.S. 41 is a regionally significant roadway, which allows for commutes between urban areas, as well as serving as a route for intra-urban travel. The segment of U.S. 41 from Airport-Pulling Road to Rattlesnake Hammock Road is projected to operate below adopted level of service standards in Phase III. This roadway has been identified as a policy constrained facility, with FDOT's maximum number of allowable general-purpose lanes (six) already constructed. A constrained facility is one in which adding lanes, to meet current or future need, is not possible because of physical or policy barriers. Collier County and the Collier County Metropolitan Planning Organization (MPPO) have identified recommended roadway improvements and public transportation strategies to serve cumulative area wide growth. Due to the policy constrained designation of U.S. 41 from Airport-Pulling Road to Rattlesnake Hammock Road, the County proposes mitigating future impacts and remedying the projected level of service deficiency through the use of one or more of the following planning tools: 1. Facilities Management The Master Plan for the Government Center includes the construction of satellite offices in North Collier County and in Golden Gate to serve the public at other locations around the County. 2. Public Transportation The Board of County Commissioners and the MPO recently adopted a Public Transportation Development Plan (TDP), that provides for further refinement of services through implementation of a Transit Operation Plan. The Operation Plan is a blueprint for a deviated fixed-route bus system. The proposed Plan identifies the need for seven buses to provide the recommended level of transit service. On August 1, 2000, the County Commission authorized the purchase of seven medium duty diesel buses to provide the deviated fixed-route service. The buses are scheduled to commence service in February 2001. Transportation Demand Management (TDM) The overall Transportation Development Plan incorporates other TDM strategies. TDM strives to reduce congestion, improve air quality, and reduce energy consumption by using innovative techniques such as increasing vehicle occupancy, reducing the number of trips traveled and rescheduling trips around the peak travel hours. TDM alternatives to single-occupant vehicles can include carpools, bus pools, or non-motorized travel such as bicycles and walking. TDM alternatives that affect when travel occurs can include variable work hours, flexible work schedules, or compressed work weeks. Telecommuting is a TDM alternative that affects where employees work. 7 TDM strategies may include time incentives such as preferential parking for ride sharers and high occupancy (HOV) lanes. TDM strategies may also include financial incentives such as transportation allowances and subsidies for transit and non-motorized travel. TDM also includes marketing strategies to encourage alternative travel and to promote transit use. 4. Transportation System Management (TSM) The Collier County Congestion Management System Manual recognizes that TSM measures will be required in the vicinity of the Government Center, especially on U.S. 41 and Airport-Pulling Road. These include intersection improvements, access management and turn prohibitions, improved signal progression and the like. Collier County is in the process of developing a countywide computerized signal system. Collier County shall promote efficient pedestrian and bicycle movement within and between the development's components and to adjacent properties as deemed necessary by Collier County. Collier County shall promote transit service through the inclusion of bus stops or other appropriate transit access points in site design, consistent with the Collier County transit plans. Regardless of the number and types of optional transportation improvements, identified above, that are implemented by the County, the following conditions shall be met: If annual monitoring reports lead to the conclusion that one or more regional roadways and intersections are operating at below the adopted level of service standard and the project is contributing more than 5% of the adopted level of service capacity, then further building permits and certificates of occupancy shall not be granted until the standards and requirements of the County's Concurrency Management System have been met. o The transportation impacts to the roads and intersections identified above shall be appropriately addressed consistent with SWFRPC policies, and the determination of proportionate share and/or pipelining of the regional road improvements shall be in accordance with Section 163.3220, Florida Statutes, which requires a Local Government Development Agreement and a commitment by the applicant and/or the local government to insure concurrency on all significantly impacted regional roadways. The County shall transfer the appropriate amounts of any road improvement funds payable pursuant to this Development Order to the appropriate agency with maintenance and improvement responsibility for those roadways, which are not under the jurisdictional responsibility of Collier County, but upon which the project has significant and adverse impacts. GENERAL CONDITIONS ao All commitments and impact mitigating actions specified in the Application for Development Approval (and supplementary documents) that are not in conflict with specific conditions for project approval outlined above are officially adopted as conditions for approval. 8 17A bo The development-phasing schedule presented within the ADA and as adjusted to date of Development Order approval shall be incorporated as a condition of approval. If Development Order conditions and applicant commitments incorporated within the Development Order, ADA or sufficiency round responses to mitigate regional impacts are not carried out as indicated to the extent or in accord with the timing schedules specified within the Development Order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. If Collier County, during the course of carrying out and monitoring the development, determines that substantial changes in the conditions underlying the approval of the Development Order have occurred or that the Development Order was based on substantially inaccurate information resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. NOW, THEREFORE, BE IT FURTHER RESOLVED, by the Board of County Commissioners of Collier County, Florida that: The Development Services Director shall be the local official responsible for ensuring compliance with the Development Order. This Development Order shall remain in effect for eighteen (18) years from the date of adoption. The definitions contained in Chapter 380, Part I (Environmental Land and Water Management Act of 1972) shall control the interpretation and construction of any terms of the Development Order. Collier County, or its successors in title to the subject property, shall submit a report annually, commencing one year from the effective date of this Development Order, to the Southwest Florida Regional Planning Council and the Department of Community Affairs. This report shall contain the information required in Section 380.06(18), Florida Statutes and Section 9J-2.025(7), Florida Administrative Code. This report shall be prepared in accordance with the "DRI Monitoring Format," as may be amended, provided by the Southwest Florida Regional Planning Council. Failure to submit the annual report shall be governed by the provisions of Subsection 380.06(18), Florida Statutes. Subsequent requests for development permits shall not require further review pursuant to Section 380.06, Florida Statutes, unless it is found by the Board of County Commissioners of Collier County, after due notice and hearing, that one or more of the following is present: A substantial deviation from the terms or conditions of this Development Order, a substantial deviation to the Project Development Phasing Schedule, a failure to carry out conditions, commitments, or mitigation measures to the extent or in accord with the timing schedules specified herein or in the Phasing Schedule in the ADA, or substantial deviation from the approved development plans which create a reasonable likelihood of additional regional impacts or other types of regional impacts which were not previously reviewed by the SWFRPC; or bo An expiration of the period of effectiveness of this Development Order, as provided herein; 9 Upon a finding that any of the preceding conditions exists, the Board of County Commissioners of Collier County may take any action authorized by Chapter 380.06(19), Florida Statutes, pending issuance of an amended Development Order. o The approval granted by this Development Order is limited. The approval shall not be construed to obviate the duty of Collier County to comply with all other applicable, local, state, or federal permitting procedures. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality or agency which may be created or designated the successor in interest to, or which otherwise possesses any of the powers and duties of, any referenced government agency in existence on the effective date of this Order. o In the event that any portion or section of this Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner, affect the remaining portions of this Order, which shall remain in full force and effect. 9. This Order shall be binding upon the County. 10. This Development Order shall become effective as provided by law. 11. Upon execution, certified copies of this Development Order shall be provided to the Department of Community Affairs and the SWFRPC as provided in Subsection 380.07, Florida Statutes. 10 17A BE IT RESOLVED that this Resolution relating to Petition Number DRI-99-3 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this~a~JT~n~ day of ~ ,2000. ! ATTEgT: ,,Dwight E. Brock, Clerk ltt~st as t0 Approved as to Fo~ ~d Legal Sufficiency: Mar~rie M. Student Assistant County Attomey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY~ By: ~'~_ ~. _ i~,.-.~.4..~,' ~ _.~ JC~;~C~er~~ 11 LIST OF EXHIBITS 17A EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" COLLIER COUNTY GOVERNMENT CENTER DRI DEVELOPMENT ORDER Legal Description ADA and Sufficiency Responses (by reference) Master Plan (Map-H) 12 EXHIBIT,,A,, 17A Attachment 5-1 (10 pages) Agnoli, Barber & Brundage, Inc. Certificate of Authorization Number LB 3664 7400 Tamiami Trail North Naples, Florida 34108 Report of Boundary Survey of Part of Section 12, Township 50 South, Range 25 East; Collier County, Florida ABB PN 7340-4, SeptemberM, 1997 Ref. ABB File NO. 6241 Map of Boundary Survey: See Map of Boundary Survey of Collier County Government Complex, lying in Section 12, Township 50 South, Range 25 East, Collier County, Florida, dated ~a, ~/rn.~ :3¢j ./~Tq 7. This Survey Map and Report is not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper which can be found at the end of this report. The Map and Report are not full and complete without the other. Legal Description: Furnished by the client Official Record Book 93, Page 552 Official Record Book 93, Page 554 Official Record Book 165 Page 402 Official Record Book 630, Page 593 Official Record Book 994, Page 234 Official Record Book 147, Page 501 Less and except fight-of-way parcels 140a and 140b, as described in Official Record Book 2061, pages 1241-1246, all of Public Records of Collier County, Florida. Also I have prepared a new description entitled "Description of Lands Surveyed" reference sheet 2 of 2 of Map of Boundary Survey. See attached Exhibit A. Accuracy: The expected use of the land, as classified in the Minimum Technical Standards (61 G 17-6 F.A.C.), is Commercial/High Risk. The minimum relative distance accuracy for this type of boundary survey is 1 foot in 10,000 feet. The accuracy obtained by measurement and calculation of a closed geometric figure was found to exceed this requirement. -5- 17A Report of Boundary Survey ABB PN7320-4 October 1, 1997 (continued) Data Sources: The property descriptions were furnished by the client. Current Title Search or Abstract for the property was not provided nor reviewed. Additional instruments for right-of-way takings information was provided. For right-of-way Parcels 140a, and 140 b, in Official Record Book 2061, Pages 1241 through 1246. Reference to U.S. 41, S.R. 90. Right-Of-Way Maps, Section 03010-2554, prepared by Florida Department of Transportation, copies were obtained from Florida Departrnent of Transportation. Limitations: The right-of-way of U.S. 41, S.R. 90 was established from reference to the Right-Of-Way Maps, for U.S. 41. The areas of right-of-way takings were established from the provided right-of-way descriptions. Boundary Inconsistencies: Any differences in the boundaries found in the survey fi.om field or map calculations, from deeds, plats or other reference sources is shown on the Map of Survey. Apparent Physical Use: U.S. 41 (S.R. 90) abuts the property to the south, Airport Road (C.R. 31) abuts to the west. The property today is being used as the Collier County Government Complex. Easements: Easements as shown on map, from provided copies of Official Records. Location of Fixed Improvements: The location of buildings, lake and drainage structures and connecting pipes were field located. Location of other improvements will be obtained with the aid of aerial photography provided by Aerial Cartographics of America, Inc. who will provide planimetric features to supplement this survey. Note: U.S. 41 is under construction at the time of this survey. 17A Report of Boundary Survey ABB PN7320-4 October 1, 1997 (continued) Prepared For: Office of Capital Projects Management 3301 Tamiami Trail East Building "D" Naples, Florida 33962 For the Benefit of: Office of Capital Projects Management, Surveyor and Mapper in Responsible Charge: Wayne D. Agnoli Registered Surveyor and Mapper/~ License Number L.S. 5335 ~/ Signed: WDA/kt 09-041KT. DOC Seal: ~!';~ h~r~ ~ b~t~ ~ ~m~ .~ eor.~,f- ',, ;h:. ':,:.'e~, , - ~LT~ t~IT ~d~ Co~ mt · po~t o~ ~ ~Ler!7 L,~u~'7 11~ ~r'~l~ ~1~ ~.~rll~ ~ T~i*~ Trill kU.S. .- "'.(lk~,C-~), ~ Pob~ Or B~ibl~; r~nce cootlnulrg cd. CO~T~ ~r~eo~ ~i~ ~ oen~rlX~ or ~ T.n~ ~f~r~tt~ ~ ~ n~r~ r~b~of-~. ~ ~,1~ feet ~ i :-::.' -' .':'.?;~. :?g'~3rt ~)1 ~ >~ :'.' .:' ":: . ~' r~h~ r. ".?:.Y.".j,.;~e ~ ~e A1 . ;.":;::,~~ l~ ~ ~' :~-~-.'..:~.~:',.f ,L~::., ~.-.:.? .iion .og .e~' $~ate' 0£ FlorXd~ #X' mcnmnent : :.' : 17A ¢o.?rstion, a co,potation incorgorate~ ~d exis%in~ ,.~.~do~ ~ha la'~ of the ~ate aZ-~lo.~.dn, .~hooe post offi~'e ~d~s is 36§ ?if%h Avonue 8outh, Napla3~ ~Iori~' (heroin~f%er ea21e~ ~he Grantor) to Dewey R. Gargiulo, as Trustee 2~03 Calvin Boulevard Fort Hyers. Florida (h3re~f%er calle~ the WITNEsSETH The Grantor, in consideration of the sum of Ten Dollars and other goo~ e~ v~lu~b!e eonsi~era%ions~ the race!p~ ~ar~of is here~y m~owle~e~, h~rebI heirs, ~c:es~ors ~d assi~s~ th~ fo~ow~ described l~ds situate, l~ug berg ~ XXXXXXXXXXXXX~M~x~x~~ the Southwest quarter Section ~2, Township 50 South. Rangm 2~ Eas~. CoLlier County, State o~ Commencing at the Southwest corner of Section 12: thence along the West :ina oF saiC S.~.ctlOn 12, North 0° 18; $0" WesC 1858.2/4 feet; thence North 89° /41 ' I0" East 70.00 ;Feet .to the Northwest corner of the Cour~ House s~e; thence conrlnulng North ~50 hi' 10~' East 135.00 feet: thence North 55© 32~ hS" East 5h2.63 feet: thence ' ~orth 0o 18~ 50" West 1~3..~6 leer ~or the PLACE OF BEGINNING of this description; thence North 0© 18' 50" ~est 200.00 fe~t; thence North 89° $1' 10" East 1058.70 feet; thence South 2o ~2' ~3" East !17~..39 feet; thence South ~7© 15"23" ¥1est 1280.~ feet to the Northessterly right-of-way line of the Tamlaml Trail (U.S. ~i); thence alon~ sald right-of-way line, Northwesterly 260.00 feet along the arc of · circular curve concave to the Southwest', radius 5788.65 feet. 'subtended chord which bests North ~o 01' ~9" West 255.56 feet; thence North E~st 1116.89 feet; thence North 87° 07~ 17'~ East 129.62 feet; thence North 2o 52' ~3" West 750.00 feet; thence North 0° 18' 50" West 1~3,~6 feet; thence Sou~h 87° 07' 17'~ West 873.00 fee: to the Place of Beginning; containing 16.76 acres of lend, more er less. ~aST~R ~lth ~ ten~m~e, hsre~t~an~s tn~ ap~e~n~es~ ~r.~ ~ r~hta~ · ,TO HA~ ~O ~ ~;~ the ~e in fe~ ~pl~ fo~var, B~OT to a~ o~ g~a or ~er~ lo~ea or i~asta of'reco~ ut~itiaa, telephone an~ ~.~er l~es~ bo~w pi~ ~tf~ di%ch~ · ~--..,~VJ ....~':.m~ --~.,r-:'~ :....-..~,,~..,- . ~ .- ~ .;%. .,.;.. ~~ ~~- B~l~7 ~ni," .' ~,'~th '~ (:t4¥of" October ,~D. 19 82 ' "D~ ~ ~GIU~, T~stee and individually ~ '..'. _. ,.... -;% j - . --[ ~.- . . ~ ' :':---zCo~ce'~"t~e ~uthwest cor4er o~ section 12, ~o.~sh~p ,:.5.0 Sou~ ~ge'25 Sast~ Collier County, Flo=ida~ . t~.~hc~"~1~h~'.'.Lhe t~est~iine o~ said Section ~2, .~':a'distince.~-2162;~'~eet~ thence ~'89'41'10" Z,t~ dis=33ca ''¥0~ 654.12'.~,le'di.-to t~'P0I~ O~ BZGI~Z~G of the parcel 13~d be=e[h'i!te= 'deSC~tbedt :thenc~ ~ 0'Is'S0' ~. a ~i~=ance ~3i3;,4&:~eet~.t~nce'~,8~'4l'10~'~, a dl3:~nce o~ 1058.70 ~; a dt~hca oZ. 525~e?b~eetj thence s e7'07'~" of ~5.72~iee=i thence ~"42'0~'~?" z, a distance of ~0.71 fee=] ~ N ~eet.'-tO the eoi~r O~ aZGZ~I~G.- ..... -~7.~ --. :. '-&.. ..- ?.,'.' . J..- '~:', ~ ~ ~8~, 5,'F~¢..- .'c":e'.' ~ . ': - -.i~ ' . · .' ,, . . . , ,", :' . , , ~ ' '.-J - a" F*,-H ' .~ ...,~ ~....,-.....,,,,..~ ~..~ .~ ~, '::.,.~ ....~... (/ '! '-''"'d- '' ..~'. ,'d,.~Xi..~-' · ~ -. ~" ' . .~.~... :~' '~: ~,. , ' '- - .-.- :' .... ~ ~, ~'., ~ ? ?L ',' , _. .,, - ., .... .>.;.. ~ - 4; }~..V-r ~:-'~ :,~fi .",, ~Yfi9~; ,' ':.. "-E: ~,':; .-~ MARTIN. P.A, .,/ 17A SECTION 03010-2554 PARCEL 140 A) That portion of the southwest 1/4 of Section 12, Township 50 South, Range 25 East, Collier County, Florida. Being described as follows: Commence at the southwest corner of said Section 12; thence the west boundary of said Section 12, North 00o16,55,, West, 1,165.26 feet to the survey base line of State Road 90 (U.S. thence along said survey base line South 52'00'49'. East, 89.17 feet; thence North 00'16'55" West, 76.42 feet to the intersection of the easterly right of way line of Airport-Pulling Road (per Deed Book 11, Page 56) and the northerly existing right of way line of said State Road 90 (U.S. 41} (per Section 03530-2607) for a POINT OF BEGINNING; thence along said easterly right of way line North 00"16'55" West, 28.02 feet; thence South 52'00'49,, East, 224.62 feet; thence South 37"17'37', East, 52.26 feet to the beginning of a curve concave southwesterly; thence along the arc of said curve to the right, having a radius of 3,856.72 feet, central angle of 03'42'07", an arc length of 249.19 feet, the chord for which bears South 48'41'15" East to the end of ~ald curve; thence South 42"09'51" West, 19.70 feet to said northerly -- existing right of way line (per section 03010-2116; and the beginning of a curve concave southwester]y; thence along said northerly existing right of way line, the arc of said curve to Xhe left, having a radius of 5'788.65 feet a central angle of 02.47,14. , , , an arc length of 281.61 feet, the chord for which bears North 49.13,46. West to said northerly existing right of way line (per Section 03530-2607) and time end of said curve; thence along said northerly existing right of way lino, North 39°22'37'' East, 11.69 feet; thence North 52"00'32,, West. 224.14 feet along said northerly existing right of way line to the POI~T O~ BEGINNING. Containing 11,150 square feet. ALSO EXHIBIT "A" Page ~ EXHIBIT "C" COMMERCIALI APPROXIMATE LOCATION OF EX STING WELLI TO BE ABANDONED I TRAFFIC BIGNAL COMMERCIAL COMMERCIAL I EAST NAPLES METHODIST CHURCH DECK POND RESIDENTIAL HERON PARK BLOC. JDC J-3 L RESIDENTIAL THE GLADES I RESIDENTIAL THE GLADES BLDG. J POND APPROXIMATE LOCATION OF EX;STING WELL TO BE ABANDONED PARKING DECK P-2 BLDG. d-2 ,.., I BLDG.M TIAL THE GLADE8 TO COMMERCIAL COMMERCIAL COURTYARD ANNEX OFFICE COMPLEX COMMERCIAL COURTHOUSE SHADOWS o 50, lOO, 200, SCALE: I"=100' NORTH POND FUTURE DEVELOPMENT LANDUSEATBUILDOUT ACREAGE. i Buildir~ i Pavemem COMMERCIAL WAL-MART TOTAL MASTER PLAN COLLIER COUNTY GOVERNMENT CENTER Prepared For: Collier County Board of County Commbaior~rs WilsdnMiller WileonMiiler, Inc. 17A ' March 20, 2001 Mr. Daniel Trescott DRI Coordinator SWFRPC P.O. Box 3455 North Fort Myers, FL 33918-3455 Re: Resolution 2000-443/Development Order 2000-05 Dear Mr. Trescott: Transmitted herewith is a certified copy of the above-referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, November 28, 2000. Very truly yours, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure 17A ' March 20, 2001 Mr. Steve Atkins, Planner State of Florida Department of Community Affairs Development of Regional Impact Section Bureau of Land and Water Management 2740 Centerview Drive Tallahassee, FL 32399 Re: Resolution 2000-443/Development Order 2000-05 Dear Mr. Atkins: Transmitted herewith is a certified copy of the above- referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, November 28, 2000. Very truly yours, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure