Resolution 1991-745
OCTOBER 22 1991
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RESOLUTION NO. 91-745
. {JOll'l,148
RELATING TO PETITION NUMBER SMP-91-3 Fe
SUBDIVISION MASTER PLAN APPROVAL FOR
PARSON'S GREEN 011 PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHIF:EAS, the Legislat.",re of the State of Florida in Chaptec
125, FIe' ,'ida Statutes has:onferred on Collier County, the powel
to estal:. ~ish, coordinate h.ld enforce, zoning, bullding, housing
and rel,,':ed technical code'" and regulations as ar', necessary for
the prot:"ction of the public; and
WHI.f:EAS, the County p'Jrsuant thereto has adcp':ed a
subdivif,~on Ordinance (Ordinance 76-(-) establish.~_nq such
regulati~ns; and
WHl,"1EAS, the Collier '~ounty Planning Commis: ion being the
duly aplJ<,inted and constit Jted authority for the eview and
approval of subdivision master plans, has held a :ublic hearing
af':er dl,a notice e.nd has considered the advisabi ,.ty of
Subdivision Mast.er Plan approval for the propert)' hereinafter
described and has found that satisfact~ry provisj_on and arrange-
ment has been made concerning all appl,cable matl:e,s required k',.'
said regulation5 and in accordance wit,l Article -, , Section 3,
thereof, and ha" recommended approval of said Sundi vision Mast",'
P: ._1.0; and
WHEREAS, all inter"sted parties have been g,'1en opportunit.;
tc be heard by ~his Board in public meeting assembled and the
Bll;lrd having cc,nsidered all matters presented.
NOW, THERIFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COlJlISSIONERS cl' Collier County, Florida, that the petition
fLled by J. Gar,' Butler of Butler Engineering, In".,
rf'presenting Er .lcksen Comminities, Inc., with re, >ect to the
property herein',.fter described as:
See },ttached Legal Description, Exhibit "A"
OCTOBER L , 1991
.
be and the same for which :he Subdivision Master ,clan is hereby
approvec subject to the following conditions:
See At~,ached Exhibit "B"
BE JT FURTHER RESOLVED that this Resolution Ie recorded in
the minu'es of the Board of County Commissioners,
.
Com" iss ioner
Sh=hRr,
offer"d the
foregoing Resolution and moved for its adoption, seconded by
Commissioner
I
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Ha.qse
and upon roll ca'~, the vote
was:
AYES: ec'TIlssioner Shanahan, Carmf.ssioner Hasse, Carnti.ssit,,-,!I' Volpe, Ccm:ri.:',~ ,oner
S&wders and Cannissioner Goodnight
NAYS:
ABSENT AN') NOT VOTING,
ABSTENTION:
De'nl~ this
day of
;Jnci
UCtober
, 1991.
Dl\rED': 'TjJell<::ber 2" 1991
'MT)!:ST: "U iJ.-,,/,
Jl\'[ES C. GIL,ES,,: CLERl<
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Al~?ROVED AS TO "'ORM AND
LI':(j~SUFFIC.IEN :Y:
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M/\ltJOR E M. STU-"ENT
AS,;rSTANT COUNT' ATTORNEY
BOARD OF COUNTY COMMISSIONERS
COL~OUNTY'~FLORIDA ,
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BY': A...a... ~..'
TR IA ANNE G~D~i IURPERSON
PIANNING/lgk/000507
. 000<1'1149
OCTOBER 22, - J91
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Exhibit "An
~,~TPTION
Commer:ing at the Southeast corner of the SW 1/4 of Section 21, Township 48 Scuth,
Range 2" East; thence Norther.1y along the East boundary line of~aiJ SW 1/4 40 feet to the
Northerly right-of-way line of '~Ith, Avelme North; thence ~' 19'51 '50.W along ,said
Northerly boundary l1ne 100 feet to the POINT OF BEGINNINc.,; thence N I '32'lj"W
parallel to the Easterly boundary line of said SW 1/4 400 f( t to a point; then<~, N
89051'5()'W parallel to the Southerly boundary ]j,1e of said Sef, ('n 780 feet to a ");nt;
thence S I '32'15"E parallel with the Easterly boundary line of s:i SW 1/4400 fee', to a
point on Ihe Northedy boundary line of ]llth. Avenue North; th ce S 89'51'50"E along
said Nor'ledy boundary line of Illth. Avenue North, 780 feet to I L Point of Beginning,
. 000 'J',' 150
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OCTOBER 22, 1 ?1
AGREEMENT
I, Gary Butler, Butler Engineering, Inc" as authorizec',
agent :or Petition SMP-91-3, agree to <,r,e following
stipula' .ons requested by the Collier Ce,.:nty Planning
coromiss 'In or as otherwise modified by the Colli...", County Board
of Corom "sioners at their public h<!arings of Augt:,;': 1, 1991 and
August "I, 1991.
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1, Pro Jr to or concurrent with the issuance of any final
development order, i' ~luding final plat app','c val whichever
first occurs, twenty (20) feet of land acjacent to the
exi sting north boundary of lllth Avenue sha, L be dedicated
vi& statutory warranty deed, to Coll';r County, a
political subdivision of the State of Flori,)"
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Th~ obligation to convey the above real pD .erty interest
shc....l include obtaining and providing, at 1.le Developer1s
e><I"'nse, an ALTA Form B (marketability) t:' 1< insurance
commitment within thirty (30) days of a re'~est to do sc
by the County, Further, the Developer shall ~ooperate and
cause all requirements contained in any such t::ommitment to
be ~omplied with expeditiously, including bJt not limited
to the release or spbordination nE all lieI15 or interests
which encumber or may reasonal'ly interfel'e with the
County's use of the renl property The date of said title
commitment shall not b" more than one hundr." twenty (120)
days prioe to the date of the reording of L~e conveyance
by the Co"ty, Within forty five (45) days of recording
the conve. I .lnee document, Developer I at i tE ~;ole expense,
shall als,. cause a final title insurance policy to be
issued in lavor of Collier County, a politic ,l subdivision
of the st"te of Florida, which is in confOl.nance with the
County's ;tandarc title insurance procedures and
guidelines. Said title insurance policy shall be
consistent with the previously submitted title insurance
commitment,
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This obligation shall bind the Developer, 15 well as run
with the I. nd, upon approval of Peti~ion SMP-91-3 Parson's
Green Sub,[;,vision Master Plan by the Board of County
Commission" 'S, Collier County,
2, Prior to cc concurrent with the issuance of any final
developmen'. order, including final plat appl wal whichever
first oce "rs, a five (5) foot easemen immediately
contiguous and north of the twenty (20) foo right-cf-way
dedication shall be granted to Collier Coun y a political
subdivisioJl of the State of Florida, free of illl liens and
encumbrances for pu~poses of locating a sidewalk,
EXHIBIT "B"
. OOfl 'I" 1.11
OCTOBER 22, 1991
Thl obligation to c<nvey the above real preperty interest
sh, II include obtai. ing and providing, at tile Developer's
eXI,~nse, an ALTA Fo:-:m B (marketability) t;~,le insurance
conunitment' within thirty (30) days of a n:[Uest to do so
by \~,he County, Further, the Developer shaL cooperate and
ca",;e all requirements contained in any such commitment to
be complied with expeditiously, including t"lt not limited
to the release or subordinatlon of all lier,,; or interests
whic:h encumber or may reasonably interf<,re with the
Co~nty's use of the real proper~y. The date of said title
con,nitment shall not be more than one hundr~d twenty (120)
days prior to the d" te of the recording of t he conveyance
by the County, Within forty five (45) da'/: of recording
the conveyance docurr.~nt, Developer, at it: sole expense,
she ,cl also ca'lse a final title insurance ~olicy to be
iss,ued in favor of Collier county, a politi,:. 1 subdivision
of the State of Florida, which is in confm !nce with the
COL,,',ty I S standard title insurance pi ~ :edures and
guLlelines, Said title insurance po: :,:y shall be
cor'listent with the previously submitted t 'tle insurance
com.'I\i tment.
This obligation shall bind the Developer, ~s well as rup
with the land, upon approval of Pntition SMP-91-3 Parson's
Green Subdivision Xaster Plan ~y the Beard of County
commissioners, Collier County,
3, Prior to 'l!: concurrent with t" e issuancE of any final
developmen c. order, including fina~ plat apprc/al whichever
first occ. 'S, the property owner shall providB funds for,
or otherw. 'Ie construct a five (5) foot f ldewalk within
said sidew, lk easement pursuant to all Counl r requirements
for constr,:tion activities, ~nd be subject ,urther to the
approval I l f the Collier county Transportation Services
administra ,r as to final location and alignment,
4, Prior to I"r concurrent with the issuance of any final
developmen~ order, including final plat approval whichever
first OC~lrs. any internal roadway or driveways brou~ht
about by cry subsequent development order ;hall first be
subject t, the property owner prcrviding funds for, or
otherwise constructing right turn lanes at said
intersecti\', with 111th Avenue subject further to the
approval l' the Collier County Transportation Services
administralor,and project Review Services Manager as to
design an.[ construction approval anc all other
requiremen' n of Collier County,
5,
Internal l~adways or driveways shall
approved CIS a function of approving
Plan or Sitm Development Plan,
be li;,ited to those
a Subdi~ision Master
. 000 PJ\' 152
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OCTOBER 2L 1991
6, Prior to or concurrent with the issuance of any final
de ,elopment order, including final plat app','oval whichever
first occurs, locations of gopher tc~toise burrows
(accive, inactive and/or abandoned) shall b. indicated 01,
the construction plans and field verified during the
cOTlstruction plans approval process, not mo'ce than fifteen
(1',) days prior to final plan approval by Collier Coun~1
Pr, 'ject Review Services - Environmental st", f f, Managemen':
pl,'ns and/or permit" from Florida Game an.l Fresh Water
Fish Commission (it appropriate) shall h, submitted tc
Prr. ject Review Services - !::nvironmental SI -Iff for revie"
ani approval, Areas of retained native '~etation may
serve as potential gopher tortoise reloca. I,on areas, it
apolicable,
7, pr or to or concurrent with the issuance of any final
de', "lopment order including final plat app ',val whichever
ficst occurs, wetlands shall be flagge~, to includ~
Co],J.ier County jur,i.sdictional lines, and shall be fie!:'
verified by Collier county Project Reviuw Services
Environmental Staff prior to an-:l as part of Construction
PIal. approval, Said approved .'etland boundary shall be
indicated on Final C~nstruction I:ans,
8, Any proposed mi tiga':ion for in lacts to ':ollier County
jurisdictJonal wetlands shall cc lply with ",he ratios anc',
requiremer,ts of Appendix 7 of the South Florida Water
Managemenl District rules, Mitigation an,as shall b,o
surveyed I: ior to Final Construction Plan a"proval and
designatec as a conservation easement and or tract witt
protectivE covenants pursual~ to Florida st tutes, Chaptel
704,06,
9, Petitioner shall retain or create native habitat areas nc
less thaT 18,9% of the entire site acreage including th~
right-of-wbY, Petitioner shall indicate on constructior
plans the type of ve'jetation (FLUCS Code) areas and thE,
acreage of retained or created native "reas and thr,
acreage 01 retaineJ or created native habitats, Natural~:
vegetated or native landscape buffers, as required by th.
Planningervices Section, may be 'credited towards thE
required etained native vegetation, Petitioner shall
utilize ~opher tortoise habitat for retained natiVE,
habitat ar~as to the maximum extent possibl.
10, Drainage '.ithin the 20 ft, landscape ',lffer/drainage
easement ;hall consist only of a conveyan, 1 system, Ne,
storage Sh,lll be allowed within the easemenl:,
. OOQ"l' 153
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JCTOBER22,19',1
11, All customers connecting to the water dis':ribution and
se~?ge collection facilities to be constr cted will be
customers of the County ~nd will be billed by the County
in i ccordance with the county's established -ates, Should
the County not be in a position to provide water and/or
sew,r service to the project, the water and/or sewer
cus ,..,omers shall be customers of the interim utility
established to serve the project until th~ :ounty's off-
sitn water and/or sewer facilities are aval~~ble to serve
the project,
12. The on-site water distribution system to sel'~ the project
must., be connected to the District's 12 inc!' ..ater main on
the north side of lEth Avenue North consi, :ent with the
mai,. sizing requirements specified in the :'>unty's Water
Mast:er Plan and extended throughout the pr,'ject, Durinc;
design of these facilities, the following f€2ture shall be
incorporated into the distribution system:
Dead end mains shall
pipeline network or
cul-de-sac.
be eliminated by loopinq the internal
providing a hydrant at the end of
13, The utilit.'! construction docum, nts for t'1e project's
sewerage "ystem shall be prep, red so t!',: all sewage
flowing to t,he County's master pump station i:; transmitted
by one (I) ain on-site pump station, Due t~ =he design
and confi" .ration of the master pump sta :ion, flow by
gravity ir:o the station ""ill not be ',ossible, The
Developer" Engineer shall meet with th. County staff
prior to (')Jnmencin:; preparation of construction drawings,
so that a, c aspects of the sewerage system design can be
coordinat~l with the county's sewer master plan,
14, The existing off-site water facilities of the Distr',ct
must be evaluated for hydraulic capacity to serve this
project ~nd rein~orced as reguired, if necessacy,
consistent with the County's Water Master Plan to insure
that the D, .trict's water system can hydraulically provide
a suffici" It quantity of water to meet the anticipated
demands (f the project and the ;'District's existing
committed clpacity.
15, The existlng off-site sewage transmissior facilities of
the distr;ct must be evaluated for hydraul'c capacity to
serve thi" project and improved as required outside the
projects boundary to provide adequate capacity to
transport the additional wastewater generated without
adverse impact to the existing transmission facilities,
III OOOP~., 154
OC1')oER 22. 1991
16, Det :iled paving, gn:Hng, site drainage and utility plans
sh2 'I be submitted':) Project Review Servic'"s for review,
No ,:onstruction perm:,,:s shall be; issued unle" s and until
apFl:oval of the proposed construction in G ';cordance with
th~ submitted plans i3 granted by Project Re liew Services,
17 ,
Deslgn and
sub'ect to
the 'Collier
construction of all improvements shall
compliance with the appropriate provisions
County Subdivision Regulations,
be
of
18,
Wor ,,; within
req;lirements
82-'11,
Collier County ri;ht-of-way shall meet the
of Collier County Right-of-Way Ordinance No,
19,
WatAr distribution, sewage collection and tl
interim water and/or sewage treatment faci:,
the project are to be designed, construcl'
ow~.d and maintained in accordance with (
Ord,nance No, 88-76, as amended, and ott
Co"nty rules and regulations,
'1smission and
:ies to serve
J., conveyed,
ilier County
" applicable
20, No access shall be afforded from any lot d:cectly on to
lllth Avenue,
21, As a function of any subseq1lfmt appli"ation for a
development order, for all or lny part of the use of
property authorized by the appr' \fal of this development
order, al: subsequent petitionee s are hereby placed on
notice t"'i,t they shall be r quired tc satisfy the
requiremen:s of all County ordinances in €[~ect prior to
or concur:"',nt with said subsequent devE,lo;;lJnent order,
including Jut not limited to Subdivision 1aster Plans,
Constructi,:n Plans prior to final plats, Fir :1 Plats, site
Developmen, Plans and any other application that will
result i' the issuance of a final or local final
developmen; order,
~,~EPTIONS GRANTED TO SUBDIVISION REGULATIONS
l, Article X', Section 17G - Street P~vement .idths: Wai,ed
to a minrnum of two ten (10) foot lanes subject to
demonstrate In by the petitioner through a traffic
analysis, lubmitted at the time of construction plan
approval, that the total trips of vehicles per day will
not exce~1 500, If the traffic impact an~lysis verifies
the trips dre less than 500 per day, the inimum width
shall be J') feet, Also, the waiver is sbject to the
right-of-~'y remaining private,
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OCTOBER 22, J ,91
2.
Article XI, Section 10
morllments install< 1
Adn inistrative Code "~le
- Monuments:
in accordance
21-HH-6,
Waived subject to
\lith Florida
3, Art;lcle X, section 19 - Street Name Marker,; and Traffic
COll1"rol Devices: Waive the requirement fe: street name
mar):ers, but traffic cont,,-ol devices sha.ll meet the
U,~ D.O,T,F,H,W,A,M,U.T,C,D,
4, ArU,cle X, section 24 - Utility casings: Waived,
5, Article XI, Section 171 - Curb Radii: Wai'", back of curb
radii at street intqrsection to a minimum cf thirty feet
(30') ,
6,
Article X, sestion 3
thu~ buffers shall not be
yard setback.
OF
SWOR..'1 TO
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N1D SUBSCRIBED BEFORE M~ THIS
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doL - DAY
, 1991.
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NOTARY
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MY COMlHSSION E> PIRES:
CCPC
SWO
TO AND SUBSCRIBED BEFORE ME THIS
77,
IS
C,AY
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, 1991.
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NOTARY
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MY COMMISSION E:PIRES:
S~!I'-91-3 AGREEMENT SHEET/md
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. UOO '1" 156