Ordinance 2007-59
ORDINANCE NO. 2007-~
ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING THE HARVEST FOR HUMANITY PUD
(ORDINANCE NO. 99-80), WHICH 38 ACRE PUD IS LOCATED
AT THE INTERSECTION OF LAKE TRAFFORD ROAD AND
CARSON ROAD IN IMMOKALEE, IN SECTION 32, TOWNSHIP
46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA,
BY CHANGING THE CURRENT RESIDENTS' ACTIVITY
CENTER AND BLUEBERRY FARM WITH ITS ANCILLARY
SALES FACILITY WITH LIMITED EDUCATIONAL SERVICES,
TO AN INSTITUTION/COLLEGE LEARNING SITE,
AMENDING THE MASTER PLAN, AND BY UPDATING THE
PUD TO REFLECT CURRENT CONDITIONS; AMENDING
ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES
THE COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY AMENDING THE APPROPRIATE ZONING ATLAS MAP
OR MAPS BY CHANGING THE ZONING CLASSIFICATION
OF THE HEREIN DESCRIBED REAL PROPERTY TO
CONFORM TO THIS AMENDMENT; REPEALING
ORDINANCE NO. 99-80 TO THE EXTENT THAT SUCH
ORDINANCE IS INCONSISTENT WITH THIS AMENDMENT;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Michael J. Volpe, Esq., of Robins, Kaplan, Miller & Ciresi, LLP,
representing International College, Inc., c/o Dr. Terry P. McMahan, Pres., petitioned the Board
of County Commissioners to change the zoning classification of the herein described real
property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 32,
Township 46S, Range 29E, Collier County, Florida, is changed to amend the Harvest for
Humanity PUD to change the permitted uses to replace the current residents' activity center and
blueberry farm with its ancillary sales facility with limited educational services to an educational
institution/college leaming site, amend the master plan, and to update the PUD to reflect current
conditions, all in accordance with the PUD Document, attached hereto as Exhibit "A", which is
incorporated herein and by reference made part hereof. The appropriate zoning atlas map or
Development Code, is/are hereby amended accordingly.
maps, as described in Ordinance Number 04-41, as amended, the Collier County Land
SECTION TWO:
Ordinance Number 99-80, known as the Harvest for Humanity PUD, adopted on
November 23, 1999, by the Board of County Commissioners of Collier County, is hereby
Harvest for Humanity POD, PUDA-2006-AR-l1081
Page 1 of2
._~-'--~_._-.._....__.
repealed only to the extent that the Ordinance is inconsistent with the additions and deletions set
forth in the PUD document attached hereto as Exhibit "A". All other provisions of Ordinancc
Number 99-80 shall remain in full force and effect.
SECTION THREE:
This Ordinance shall become effective upon filing with the Departmcnt of State.
PASSED AND DULY ADOPTED by super majority vote of the Board of Connty
Commissioners of Collier County, Florida, this JY "'day of ~.( . i'f ,2007.
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ATTEST,.......
DWlGHTRBRqCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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Harvest for Humanity PUD, PUDA-2006-AR-l1081
Page20f2
Harvest for Humanity
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING HARVEST FOR
HUMANITY A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE
COLLIER COUNTY LAND DEVELOPMENT
CODE
PREPARED FOR
Harvest for Humanity. Ine
BY
ROBINS, KAPLAN, MILLER & CIRESI L.L.P.
71 I FIFTH AVENUE SOUTH, SUITE 201
NAPLES, FL 34102-6628
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC 11/23/99
ORDINANCE NUMBER 99-80
AMENDMENTS AND REPEAL
Revised 6/15/07
TABLE OF CONTENTS
LIST OF EXHIBITS AND TABLE
SECTION I PROPERTY OWNERSHIP DESCRIPTION
AND SHORT TITLE
SECTION II RESIDENTIAL SINGLE FAMILY AND MULTI-FAMILY
AREAS TRACT "A fl
SECTION III EDUCATION/COLLEGE LEARNING SITE
TRACTS "G", "H" AND "J"
SECTION IV WATER MANAGEMENT/AGRICULTURAL TRACT "Cfl
SECTION V CONSERVATION EASEMENT TRACT "Dfl
SECTION VI COMMON AREA TRACTS "Bfl AND "Ifl
SECTION VII DEVELOPMENT COMMITMENTS
Revised 6/15/07
PAGE
1-1 THRU 1-6
2-1 THRU 2-5
3-1 THRU 3-4
4-1 THRU 4-3
5-1 THRU 5-2
6- I THRU 6-3
7-1 THRU 7-8
LIST OF EXHIBITS AND TABLES
FOR INCLUSION IN PUD DOCUMENT
EXHIBIT 1 Location Map
EXHIBIT 2 Revised PUD Master Plan
EXHIBIT 3 Conservation Easement
EXHIBIT 4 Management Plan for Preserve Area
EXHIBIT 5 Landscape Buffer Easement for Tract G
TABLE I
Residential Development Standards and Deviations
Revised 6/15/07
3-5
SECTION I
PROPERTY OWNERSHIP DESCRIPTION AND SHORT TITLE
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property to be developed
under the project name of Harvest for Humanity.
1.2 LEGAL DESCRIPTION
The subject property being 38.42 acres is described as:
Section 32, Township 46 South, Range 29 East, Collier County, Florida, LESS
AND EXCEPT that portion deeded for State or County right-of-way and/or
Utility Easements, as appear in those certain deeds and instruments recorded at
Deed Book 21, Page 541. Southwest quarter (SW 1/4) of the Northwest Quarter
(NW 1/4) of Section 32, Township 46 South, Range 29 East, in Collier County,
Florida, LESS approximately 40 feet over the south part of said premises
conveyed to the State of Florida for road purposes and described in Deed Book
21, Page 541, Collier County Records. (See attached Location Map).
1.3 PROPERTY OWNERSHIP
The property has been subdivided into eleven (II) separate tracts, (Jubilation, a
subdivision recorded in Plat Book 37, Pages 4-7 inclusive, of the Public Records
of Collier County, Florida) namely, Tracts A, including the residential Lots 1
through 49 currently are under ownership of individual homeowners; Tracts B, C,
E, F, I and K currently under the ownership of the Jubilation Community
Association, Inc.; and Tracts D, G, Hand J currently are under the ownership of
Harvest for Humanity, Inc. Tracts D, G, Hand J are under Contract to be sold
and donated to International College, Inc.
1.4 SHORT TITLE
This Ordinance shall be known and cited as the "Harvest for Humanity Planned
Unit Development Ordinance."
1.5 PROJECT DEVELOPMENT
The project, including use of land for the various tracts, is illustrated graphically
by Exhibit "2" Revised PUD Master Plan. There are eleven (11) land tracts,
including single and multi-family residential areas, an Education Institution
College learning site area, necessary water management lake, and a conservation
easement area.
1-1
Revised 6/15/07
TYPE
ACREAGE
Tract "A"
Residential Single Family (7.6IAcres)
& Multi-Family (3.82 Acres)
11.43 ACRES
Tract "B"
Common Area
1.20 ACRES
Tract "C"
Water Management
3.13 ACRES
Tract "0"
Conservation Easement
11.45 ACRES
Tract "E"
Open Space
0.77 ACRES
Tract "F"
Reserved for Future Use by County
0.03 ACRES
Tract "G"
Educational/College Learning Site
1.63 ACRES
Tract "H"
Educational/College Learning Site
1.36 ACRES
Tract "I"
Common Area
1.83 ACRES
Tract "J"
Educational/College Learning Site
0.38 ACRES
Tract "K"
Road R/W
5.21 ACRES
38.42 ACRES
1.6 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
The project is approved for a maximum of 105 residential dwelling units or
approximately 2.73 dwelling units per acre, single and multi-family. and a
maximum of 80 degree or non-degree students during any term.
A common architectural theme has been used throughout the project including
single-family, multi-family, Educational Institution/College learning site.
1-2
Revised 6//5/07
SECTION II
RESIDENTIAL SINGLE FAMILY & MULTI-FAMILY PLAN
TRACT "A"
2.1 PURPOSE
The purpose of this section is to identify specific development standards for the
areas designated on the Revised PUD Master Plan, Exhibit "2" as Tract
NResidential Single Family & Multi-Family,
2.2 MAXIMUM DWELLING UNITS
The project is approved for 105 residential dwelling units or approximately 2.73
dwelling units per acre.
2.3 GENERAL DESCRIPTION
Areas designated as Tract "A"/Residential Single Family & Multi Family on the
Revised PUD Master Plan are designed to accommodate a full range of residential
dwelling types, compatible non-residential uses, a full range of recreation and
facilities, and customary accessory uses.
The approximate acreage of the Tract "A" is Residential Single Family (7.61
Acres) and Multi-Family (3.82 Acres). Residential tracts are designed to
accommodate internal roadways, open spaces, recreation and water facilities,
utilities and other similar uses found in residential areas.
2.4 PERMITTED USES AND STRUCTURES
The clustering or grouping of housing structure types identified in this document
may be permitted on parcels of land under unified ownership, or as may be
otherwise provided in the Collier County Land Development Code, and subject
further to the provisions of the Collier County Land Development Code and
Table I of this document.
No building or structure or part thereof shall be erected, altered, or used, in whole
or part, for other than the following:
A. Principal Uses for Residential Structures
I. Single-family detached zero lot line patio home dwellings
2, Single-family detached villas dwellings
3. Single-family attached duplex dwellings
4. Single-family attached townhouse dwellings
5. Multi-family apartment dwellings
6. Any other use which is compatible in nature with the foregoing list of
permitted principal uses as determined by the Board of Zoning
Appeals (BZA).
2-1
Revised 6//5/07
B. Definition of Residential Structures
I. Setbacks are measured from lot lines, tract boundaries, public or
private streets or private garage access.
2. Open space area means development adjacent to lakes, conservation
areas or parks.
3. Detached Zero Lot Line Patio Homes: Detached single family
dwelling structures on individually platted lots which provide a side
yard on one side of the dwelling and no yard on the other. The front
yard of the dwelling will face the living court and front along the
common walkway in the living court. The rear yard of the dwelling
abuts the private garage access easement.
4. Detached Villa Homes: Detached single family dwelling structures
utilizing traditional placement of dwellings.
5. Attached Single Familv Townhouse: A group of three or more
dwelling units attached to each other by a common wall or roof where
in each unit has direct exterior access and no unit is located above
another, and each unit is completely separated from any other(s) by a
rated firewall or a fire and sound resistant enclosed separation or space
and wherein each dwelling unit mayor may not be on a separate lot
under separate ownership.
6. Attached Single Familv Duplex: A single, freestanding, conventional
building on a single lot, which contains only two dwelling units and is
intended, designed, used and occupied as a two-dwelling unit under
single ownership, or where each dwelling unit is separately owned or
leased but the lot is held under common ownership.
7. Multiple Familv: A group of three or more dwelling units within a
single conventional building, attached side by side, or one above
another, or both, and wherein each dwelling unit maybe individually
owned or leased initially on land which is under common or single
ownership.
8. Clustered Housing: A compact arrangement of dwelling units which
allows for reductions in the standard lot requirements of the applicable
zoning district, with the difference between the reduced lot size and
the standard lot requirement being placed in common open space.
C. Accessory Uses:
I. Accessory uses and structures, customarily associated with principal
uses in this tract, include but are not limited to private garages.
2-2
Revised 6//5/07
2. Recreational uses and facilities will include but are not limited to a
swimming pool, basketball court, children's playground area, common
open areas, and gazebos, such uses shall be visually and functionally
compatible with the adjacent residences whose occupants will have the
use of such facilities,
3. Storage Buildings
4, Any other accessory use which is comparable in nature with the
aforementioned uses and which the Board of Zoning Appeals (BZA)
determines to be compatible in Tract A.
2.5 DEVELOPMENT STANDARDS AND DEVIA nONS (See Table I)
Table I below sets forth the land uses within the PUD residential subdistrict.
Standards not specifically set forth herein shall be those specified in applicable
Sections of the Land Development Code in effect as of the date of the approval of
the SDP or Subdivision Plat.
2-3
Revised 6//5/07
Table 1
RESIDENTIAL DEVELOPMENT STANDARDS AND DEVIATIONS
Detached Detached Attached Attached Multi-Family
Single Family Single Family Single Family Single Family Apartments
Villas Zero Lot Line Duplex Townhouse
Patio Homes
Minimum Lot Area 3,000 3,000 (per unit) 3,000 N/A
Minimum Lot Width 40 40 60 75 N/A
Front Yard Setback 10 10 10 10 10
Rear yard Setback 10 10 10 10 10
(Principal)
Rear Yard Setback 3 0 3 3 3
(Accessorv)
Side Yard Setback 5 0&10- 10 10 10
Maximum Height 35 35 35 35 50
Minimum Floor Area 1200 900 800 800 800
Minimum Distance 15 10 10 10 15
Between Principal
Structures
Minimum Preserve 25 25 25 25 25
Setback (Principal
Structure's)
Minimum Preserve 10 10 10 10 10
Setback Accessory
Structures/Site Attention
Notes:
General: Except as provided herein, all criteria set forth below shall be understood to be in relation to
individual parcel or lot boundary lines or between structures. Condominium, and/or Homeowner's
Association boundaries shall not be utilized for determining development standards.
I.) -The side yard setback shall be zero feet (0') or a minimum of five feet (5') on either side except where the
zero foot (0') yard option is utilized, the opposite side of the structure shall have a ten foot (10') yard, Zero
foot (0') yards may be used on either side of a structure provided that the opposite ten foot (10') yard is
provided, patios, porches, pools and screen enclosures may encroach into the 10' yard and may attach to the
adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. Where this
option is used, a conceptual site plan for all lots platted for patio and zero lot line shall be submitted to the
Building Department with the application for the first building permit. This plan will be used to determine
the 10 foot spacing requirement between structures.
2,) The rear of Zero Lot Line Patio Home buildings face the private garage access easement.
3.) A common architectural theme will be utilized, allowing for further reductions in the minimum lot area, lot
width, yards and common open space areas. Minimum lot areas for any unit type may be exceeded. The unit
type, and not the minimum lot area, shall define the development standards to be applied by the Customer
Services Department during an application for a building permit. For all zero lot line units, a conceptual
exhibit showing typical building configurations shall be submitted to the Customer Services Department with
the application for the first building permit. The conceptual exhibit may be modified as needed,
2-4
Revised 6//5/07
SECTION III
EDUCATIONAL INSTITUTION/COLLEGE LEARNING SITE
TRACTS "G", "H" AND "J"
3.1. PURPOSE
The purpose of this section is to identify permitted uses and development
standards for the areas within Harvest for Humanity designated on the Revised
PUD Master Plan of Tract "G", "H" and "J."
3.2. GENERAL DESCRIPTION
The areas designated as Tracts "G", "H" and "J" on the Revised PUD Master Plan
are designed to accommodate Educational Institution/College learning site,
services, offices, and customary accessory uses.
The approximate acreage of the Tract "G" area is 1.63 acres; Tract H is 1.36 acres
and Tract J is 0.38 acres. Tracts "G", "H" and "J" are designed to accommodate
an Educational Institution/College learning site, open spaces, utilities, parking
facilities, offices, a Collier County Polling Place, storage, and other similar uses.
3.3 PERMITTED USES
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses:
Colleges, Universities and Professional schools furnishing academic
courses and granting academic degrees (SIC Group 8221), limited to a
maximum of degree and non-degree student population of eighty (80) in
any term.
B. Accessory uses and structures customarily associated with the principal uses
permitted in this district.
I. Collier County Voter Polling Place (optional)
2. Maintenance/Storage Buildings
3. Parking
4. Gazebo/Band Shell/Pavilion
5. Any other use which is comparable in nature with the foregoing list of
permitted accessory uses as determined by the Board of Zoning Appeals
(BZA).
3-1
Revised 6/15/07
3.4 DEVELOPMENT STANDARDS
A. Minimum Yard Requirements:
Front Yard: Twenty five (25) feet or one-halfthe building height, whichever
is greater.
Side Yard: Fifteen (15) feet.
Rear Yard: Fifteen (15) feet.
B. Exterior lighting shall be arranged in a manner, which will protect roadways
and residential properties from direct glare or unreasonable interference.
c. Maximum height of structures - Fifty (50) feet
D. Minimum distance between all other principal structures - Fifteen (15) feet.
E. Minimum distance between all other accessory structures - Ten (10) feet.
F. Minimum Floor Area - Seven hundred (700) square feet gross floor area on
the ground floor.
G. Minimum lot or parcel area - Ten thousand (10,000) square feet.
H. Minimum lot width - Seventy-five (75) feet
I. Standards for parking, landscaping, signs and other land uses, where such
standards are not specified herein, are to be in accordance with the Collier
County Land Development Code.
3-2
Revised 6/15/07
SECTION IV
WATER MANAGEMENT
TRACT "C"
4.1. PURPOSE
The purpose of this Section is to set forth the development plan standards for the
areas designed as Tract "c" Water Management Tract on the Revised PUD
Master Plan, Exhibit "2." The primary function and purpose of this tract will be
to provide aesthetically pleasing open areas, water impoundment and principal or
accessory use areas. All natural trees and other vegetation as practicable shall be
protected and preserved.
4.2. USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land
nsed, in whole or in part, for other than the following:
A. Principal Uses and Structures:
Water Management Detention Area
B. Accessory Uses and Structures:
I. Sidewalks
2. Gazebos
3. Landscaping, landscape buffers, fences and walls, open spaces
4.3 DEVELOPMENT REGULATIONS
A. Buildings shall be set back a minimum of twenty (20) feet abutting
residential districts and a landscaped and maintained buffer shall be
provided. Setback from the pond to the road right of way will be twenty
five (25) feet.
B. Lighting facilities shall be arranged in a manner which will protect
roadways and neighboring properties from direct glare or other
interference.
C. MAXIMUM HEIGHT
I. Principal Structure - 35 feet.
2. Accessory Structure - 35 feet.
q-I
Revised 6/15/07
SECTION V
CONSERVATION EASEMENT AREA
TRACT "D"
5.1. PURPOSE
The purpose of this section is to identify specific development standards for the
areas designated on Revised PUD Master Plan, Exhibit "2" as Tract "D" which is
the area where the open space requirements for the project are met.
5.2 DEVELOPMENT REGULATIONS
Development regulations for Tract "D" are established in the recorded
Conservation Easement documents for the property (Exhibit 3), Specifically, the
Conservation Easement states that there will be no constructing or placing of
buildings, roads, signs, billboards or other advertising, utilities or other structures
of any kind whatsoever on or above the ground of the Property. An approved
Management Plan for the preserve area is attached as Exhibit 4. An updated
Management Plan will be provided at the time of the next Development Order.
[Remainder of this page intentionally left blank]
5-1
Revised 6/15/07
SECTION VI
COMMON AREA
TRACTS "B" AND "I"
6.1 PURPOSE
The purpose of this Section is to identify permitted uses and development
standards for the areas designated on the Revised PUD Master Plan, Exhibit "2"
as Tracts "B" and "I". The primary purpose of these tracts will be to
accommodate a full range of recreation and facilities and customary accessory
uses for the exclusive use of the Harvest neighborhood residents and their guests.
6.2 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used or land
used, in whole or in part, for other than the following:
A. Principal Uses:
1, Basketball court
2. Swimming Pool
3. Playground
4. Gazebo
5. Walkingibiking paths
B. Accessory uses and structures:
1. Restroom facilities (Tract B only)
2. Any other accessory uses comparable in nature with the foregoing list of
permitted accessory uses that are visually and fundamentally compatible
with the adjacent residences whose occupants will have the use of such
facilities.
6.3 DEVELOPMENT REGULATIONS.
A. Buildings shall be set back a mmlmum of twenty (20) feet abutting
residential districts and a landscaped and maintained buffer shall be
provided. Setback from the pond to the road right of way will be twenty
five (25) feet.
B. Lighting facilities shall be arranged in a manner which will protect
roadways and neighboring properties from direct glare or other
interference.
C. MAXIMUM HEIGHT
I. Principal Structure - 35 feet.
2. Accessory Structure - 35 feet.
6-1
Revised 6/15/07
D. MINIMUM OFF-STREET PARKING AND LOADING
Off-street parking for recreational uses will be provided by on the specific
tract in compliance with the LDC.
[Remainder a/this page intentionally left blank]
6-2
Revised 6/15/07
SECTION VII
DEVELOPMENT COMMITMENTS
7.1 PURPOSE
The purpose of this Section is to set forth the development commitments of
Harvest for Humanity for the development of the project.
7.2 GENERAL
A. At the time the blueberry bushes located on Tract G are removed, this Tract
will be seeded with grass and the lawn will be irrigated and maintained by
the Owner of said Tract.
B. The existing bathroom facilities located on the exterior of the building
located on Tract H will be available for use by the Harvest neighborhood
residents and their guests in conjunction with the use of the swimming pool
located on Tract B during the normal hours of operation of the pool. The
owner of Tract H shall be responsible for the repair and maintenance of the
bathroom facilities. The exterior bathroom facilities shall not be accessible
from the interior of the building.
C. The owner of Tracts G, H, and J shall be a member of the Jubilation
Homeowner's Association, Inc. and as such member shall be bound by all
of the covenants, conditions and restrictions applicable to said Tracts by
virtue of the governing documents of the Association.
D. The normal hours of business for the Educational/College learning site shall
be to weekdays 7:00 a.m. to 10 p.m. and holidays and weekends 8:00 a.m.
to 7:00 p.m. The entry gate to the Jubilation subdivision shall control
access to Educational/Learning Center site after 8:00 p.m.
E. No new structures or buildings are permitted to be constructed as a result of
the Amendment to the PUD, Additional public hearings as a PUD
amendment shall be required prior to the construction of any additions to
existing structures or any new structures for student or student related uses.
F. The maximum student population for both degree and non degree students
in any term shall not exceed eighty (80) students.
G. The university/college entity shall provide a security guard while all
evening classes are in session.
H. A site development plan must be approved by Collier County that shows
parking in compliance with design criteria of the LDC requirements for
College/university of 2 per 5 commuter students plus 4 per 5 faculty/staff
7-1
Revised 6//5/07
members. Said parking spaces must be solely provided on Tracts Hand G.
Parking by students, faculty or visitor related to the educational classes on
any other tract within the project (including Tract E) is prohibited; and
I. All roadways within this project, other than Harvest Drive from the
entrance at Lake Trafford Road to the turn-around west of Tract H, shall be
posted as private; student/faculty access is prohibited; and
J. I) The college/university entity shall provide a hedge around the parking
lot in Tract G; and
2) The college/university entity shall provide, to the benefit of the
Jubilation residents, a perpetual deed or title for that rectangular area
of Tract H that is located north ofthe playground area; and
3) The university/college entity shall provide a hedge between Tracts B
and H along the area between the southernmost parking lot in Tract H
and the playground located on Tract B; and
K. Type D buffering shall be maintained or replaced along Lake Trafford Road
and Carson Road; and
L. The college/university entity shall provide an easement to the benefit of the
Jubilation residents for up to four parking spaces within the southernmost
parking lot of Tract H; and
M. The residents of the Jubilation Subdivision shall have the right to use the
meeting rooms in accordance with the policies adopted from time to time
by the CollegelUniversity entity on the same basis as non-residents except
there will be no charge for such use by the residents of the Jubilation
Subdivision.
7.3 TRANSPORTATION
The development of this Revised PUD Master Plan shall be subject to and
governed by the following conditions:
A. Private garage access lanes rights-of-way widths shall be 28 feet. Private
streets rights-of-way will be 28 feet.
B. Four (4) foot wide sidewalks will be constructed on interior areas of lots
and interconnected between residences within the single-family lots. The
interior and interconnecting sidewalks will be constructed in lieu of
roadway, adjacent sidewalklbike paths.
7.4 WATER MANAGEMENT
7-2
Revised 6/15/07
The development of this Revised PUD Master Plan shall be subject to and
governed by the following conditions:
A. Roadside and interior lot grassed swales are to be used to convey water
within the project to the on-site detention area. Interior lot swales will
convey drainage to rear private garage access with inverted pavement to
connect to the roadside, grassed swales. Ultimate discharge for the project
conforms to the water management requirements for Collier County.
B. The rate of post-development stormwater discharge into Lake Trafford
will be determined by the SFWMD.
7.5 UTILITIES
The development of this Revised PUD Master Plan shall be subject to and
governed by the following conditions:
A. In Tract "A", utility easements will be located along the front yards of the
zero lot line patio homes. Villa homes and multi-family dwellings will have
typical utility easement placings.
B. Within the Project landscaping, sidewalks/paths will be allowed within utility
easements including placement within (3) three feet of a utility line. Canopy
trees may be located seven (7) feet from the utility line, being measured from
the trunk of the tree to the centerline of the utility line. Reconstruction of
sidewalk/pathways or modification/re-installation of plant materials due to
necessary maintenance of utility lines will be the responsibility of the
Developer, its successors or assigns. In connection with future construction, if
any, all canopy tree locations shall be in accordance with the Land
Development Code.
7.6 ENGINEERING
The development of this Revised PUD Master Plan shall be subject to and
governed by the following conditions:
A. The buffering along the western property line shall be reduced to ten feet at
the multi-family section to create a consistent buffering along the western
property line. Portions of the western property line will be have a ten (10)
foot buffer by utilizing the water management and agricultural areas as part of
the buffer. The northwestern, northern and northeastern portions of the site
require no buffer due to the conservation easement. No buffer is provided
along private garage access. Private garage access will have garages situated
at the edge of the pavement.
7-3
Revised 6/15/07
B. Grassed swales will be utilized in lieu of curb and gutter systems in keeping
with the non-partitioned approach to the development.
C. Four (4) foot sidewalks will be constructed within the development.
D. Four (4) entrances will be constructed for the development. Eight (8)
entrance/development identification signs will be placed near the entrances,
7.7 ENVIRONMENTAL
The development of this Revised PUD Master Plan shall be subject to and
governed by the following conditions:
A. The Conservation Easement conditions for the easement, as set forth in the
recorded Conservation Easement, will be adhered to for the development.
The Conservation Easement language shall be added to the homeowners'
documents and shall be referenced on the final Site Development Plan/Plat.
B. Gopher tortoises shall be relocated to Tract "D", Conservation Easement
Area,
C. At the time of the next developmental order a Conservation Easement
dedicated to Collier County without any responsibility for maintenance must
be approved and recorded and the management plan for the Preserve Area will
be revised to comply with the Growth Management Plan and Land
Development Code.
7.8 LANDSCAPE BUFFER EASEMENT
The Grant of Landscape Buffer Easement for Tract "G" shall be executed and
recorded by the Grantor of the easement in the Public Records of the County
within sixty (60) days after the approval of the PUD amendment by the Board of
County Commissioners. A copy of the Grant of Landscape Buffer Easement is
attached hereto as Exhibit "5".
7-4
Revised 6/15/07
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COLLIER COUNTY
l!l92 OCT -s !Jl 8' 43
RECORDED
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ASSIGllKEll'l 01' CONSEI1VA!rIOIl EASEIlll1lT
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:1'RESllWA!rER nSH Call1!ISSION, as As,siqnor,
to
THIS ASSIGNHEN'J' made this Jl.day o~
., 1.992,
by FLORIDA GAilE &
BOARD bp COUN'l'Y C:OHKISSIONERs, COI..LIER COUNTY, Florida., as
Assignee.
FOR GOOD AND VALDAJ3LB CON'Sm~ON, the re~e1pt and
surticiency ot which is hereby acknowledged betveen the parties,
, ,
Assign~r assigns an'd 'l:J:ansfers to Assignee all or its rights, tit.le
and. interest pertaining to 'that conse.rv:ation Easement, ~ated 'the
24th day of January I 1.992 executed by Assignor as Grantee And by .
JOSEPH S. WEINFBLD F.Al'Il:LY mOST, LESTER PERSleY and HARY B. PERSleY
as Grantor, recorded i.n OR Book 1683, P"ge J.084 of the Publio
Records of Col1i~r County, Florida~ subject to all
!.
terms contained in the COnservation Easement.
ASSIGNOR COVEHARm that it is the .lawful and sole owner o1Ltbe
. . ,
intere~t~8~signed hereunder a~d that it has performe4. all duties
and Obligations require,,, under the terms and. conditions ot the
cond!tlQns
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e.l.l respectli'.
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FLORIDA CAME AND FRJ:SH YATER. FISH
COHM.IS'SION
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UIMIvlJE C. BEVIS
Print:-ed NalIe of Ui'tness
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CoIO'l'1e.l Robert' K. Bn.n1:1y
Executive D1reccor
620 South Keridiau Street
Tallahassee, Florida 32399-1600
By:
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Vit:ness
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D:1rlc.en E>c4ll:.M
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~VED I'S TO'fORM
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STATE OF f1.Oll.lDA
COUNTY OF LEON
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The foregoing Lnstru~~ne wa' ackAovladg$d before a. thts ~ day of
0;:;,(_+ . 1992_by.Colonel Robere M.- Br.nd~. ExeeuUve Direc.tor, Flortda
Ga~ ~nd Fresh Qatar Flsh Co~i$slon. vho (~ 1. ~ersonal1y known to me or
vho { I ha's produced drl'lter's Hcensa ., a$
1denti.f!c.a1:1on and. ",ho did uk. an .car:h.
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By:
Michael J. V
3301 Tam1ami rail
Napl~s, FL 33962
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11/28/2006 17:05 FAX 2395986253
IN! COLLEGE MAIL ROOn
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CONSERVATIOJl' EASEIlEllT
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THIS GRAllT OF COHSllRVATIOH EASEKl!"'l' is made this;J.!l.. day of
': J":'r\V~~ 1~92~ by and between JOS:e:PH S. W2:tMFELD F.AHI:LY
mUST, LES~ER PERSKY, and HARY E. PERSXY# b~ban4 and wife,
(hereinafter ,~Granto;c") and
FLORIDA GAKE AND FllESSWATllR FISII
,
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COMMISSION (herelnaj~ter -Grantee- J.
'IlI'I'llESSBTH:
.7-:
wm::RE:AS I Grantor is the ower of certain real ~o~ loeJrted
in col1.ier County,' 'JIIore particularly descriD&cS in Exhibit "An'
attached heret.o and i~~corporated h~rein (hereinafter ref'e:n:ed. to as
tb. "property") I and
RIfEREAS, the Property is presentJ.y unimproved. and includ.es
lands or water areas p1~edom.inBntly in their natural, scenic, open
or 'Wooded condition" zwd
JmEREAS" th~ Grall'l:.or desires to psrpe~ate the Pro~ in its
I, :
natural state to:be prj~;erved as suitable babitat ~or tis;h, 'plents
and wildlife consistent: with the philosophies elllbracec:l in seCt.ion
704..06'~:;:florida Statutes:, dealing with conservation Eas~ents and
in accordance 101ith the 'p'~:-ovisions of the !l'rafforc1 Hi<]hl~'nc1 Estates
Lon~-Tena Manage]llent Gt:lideli1les, Bxhioi t "BM I attached 'hereto and.
inCOrpOrated herein.
NOR, TBP:E~ORE, in recognition of the fore9oin9', 'tl1e G'rantor
does herepy-grant to th~ Grantee a perpetual easement across the
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~cooe of F.asement
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The purpose of this easement is to preserV!!. and oonServe
the pres~nt natural, scenic, open or wooded condition as
a suitable habitat tor endemic plants, trees, aquatic__
fauna, Zl:nd wildlife..
,Grantor and, Grantee shall. .be prohibited froB' the
fol.lowinq activities.
~'::
constructing or placing ot bui1~qs, roads, signs,
. billboards or other advertising, ut~li1;ies or other
stnlctures of any kind whatsoever on or above the
g'r()und or "tbe Property.
.DWlip:tll9" or placing of soil. or other substance
'Whatsoever or cumping or placing of "trash, waste or
Unsightly or offensive ~a~ials
c) Raov:a.l o~ destruction of trees, shi:ubs r or other
b)
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d) Exoavat:i-on, dredging or removal of lQaJI, peat,
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~graveJ" soil, rock or other 3Ra'terial siWsbmoe in
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sUch ml!;rmer as to af~ect the surt"aceOo
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SudaCli use except t"o.t:; purposes that peX"Zit.. the
land or water' area to remain predomin~tly in its
natural conditio~_
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Activi't.ies
detri:mental
to
drainage,
water
:managelll.ent, water cons.ervation, water quality,
erosion control, soil conseryation or fish or
"Wildli.!.!! habitat preservati,.on~
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11/28/2006 17:06 FA! 2395986253
INT COLLEGE MAIL ROOM
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Act:~ or uses detrillle.n~l to such retention of land.
or 1.'l!lter areas.
'Feecling by humans of' the Florida scrub jay, '.unless .
occur.ring as the resul't of placement of typica:l. _._.
bird ;F;eea,ers/stations within residents: yardS....
FeecleJ;"s within ."the easeMent designated area..
.:.
Off-road type vehicles.. only one vehicular access
.. road\o.tay is allowe~ - into 'the eaSeDant area and this
is to be usee! solely to allov acoess by authorized.
equip:lll~-1lt related to. :t"ire control, sa~ety, or
approvE1d Donitoring or :zaana:gellent activii:;ies.. T:be
far.m gate vill renain elosed and locked and secure
at all I:;)ther taes..
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Bunting activities.
Roaming ot house cats or doq-s unattentled or
unleasheo...
Dumping, stock-piling, excavation or buryinp of' any
l~wn, .ho:rticultural or bUilding :material- refpse..
K~ing, pruning,. trl:m.ing or other typ~s of
alteration within the eaSe1Dent ar!!,& except'; .as
allowed or approved by the Florida Gam~.and' Fresh
Water Fisb Commission and under tbe direct
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supervi!don
of
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qualified
, wildlife
biologist\ecologist
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for
ixnple:ment~ation of the management progralll.
0) Relnoving CLt acorns trom any scrub oak wi thin the
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e.aSp..llle.nt area.
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p~ant.ing of sl~sh J?ine, long-leafed pine, or liv'e
oak anywhere: within 660 feet of the eaSeJlletrt area'
boundary .
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2.
Re'lnedit=!s
~
In ,the event of vio~ation of any covenant contained in
.this easement, .'tl1a G.rantee shall be entitled 'to pursue
all, availa:.ble legal and equital;)~e reuedies, inc1.uding
injunctionl.
I:.!
3.
Mail1tAn:!!lnC!l
Grantor sh!l.11 Daintai,n the: easeDent area in all respects.
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Ag~ianment. Sucee~~oys-and ASRianA
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It is expre.s:z:ly un~erstood that the Grantee's interest
herein shall shortly be: assigned. t.o a .local govenuraentlll
agency which vil1 .acquire ~ll of Qrantee's riqht title
and irrtex-e.$'!: hereunder.
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:rt .ts expre.ssly agreed tbat Grantee may, in its sole
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aiscre~ion, 'transfer this easement to .1U\O'thef state or
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.l;ocal g-overn:.llll!J1tal agency or to a chari table cO!r'poration
or trust d~Clica:ted to the co:nservati~ and preserva1;ion
of land in its natural state.
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III WI~ w:EDmE:OP', the' unc1ersignsd- does execute this Grant of
conservation Easement on the date first above written.
r:,S-{ D By:
~. George s~~z:
By: ^/t//...f. ,
. . BeJ..eb R'einreld 'Power o~
Attorney ;'ated. Januoxy 21,
1.992 whicb
Power o~ AttOrtU!y bas not.
expired or been revoked.
sq tne IS No.. 2
If
No. :2'
GRANTOR.
JOSEPH S. WEIIIF.ELI) l'A!C:LY most
By: Be~;{'t-t/L~
JOSEPII s. li1lIlIFEW F},!C[LY .TROST
.1It.-.~4:/?
.If !!t!!..))# ~~,; ~r Pars I,',
witness No. 2 Helen Ife hfeld Power o~
. Attorney dated Hay 30, 199J,"
wbicb Power of ~tt:.orney bas not
expired. = been revoked
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"-- llary E.
p...~A..o
WJ.tness No.2
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By:
Hel Ifein~el by
Attorney dated Kay 30, 1991
which Power o~ Atto:rney ha.s not
expired or been revoked
(9)
11/28/2006 17:07 FAX 2395985253
INT COLLEGE WAtt ROO~
1al038/04()
;"
GRANTEE:
FLORIDA = & FIlESBWJ,.m FJ:S11
COmo:sSJ:DN, Office: ot Enviromae.nt.a1
services f
By:
WJ.tness No.. ~
Brad~ey J_ lIarbIan, 'Di~
:,2
W.1.tness No. 2
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STA'l"E OF FLORIDA
COVN'IY OF CQllie..-
. The foregoing
der of ~~.k~
personal~y kn to
j.ns:truDent was acknC!lw~edged be.fo1"e.'~e this ~$t-
._If ~992 by HELE'N lfErNP'ELDif co---muSTEE, wbo1S
.... and who !lidg an OZ-
. W-iA1--
Not Publ.ic
J..u,;c 'C- Cu'bb'
Printed. N~a o~ Notary
MY CO~s.s.1on Exp~X'$Sf QUj. ''1, !'~y
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COON;'Y OF Cotli(.~ . )
nle forego~g i.nr.f:rument was acknowle.dged before me.this ~
day.of ~(."'3~)~ ' 1992 by HELEN WE1:NFELD, under Pciver of
Attorney d~ted . ,~"'.. ","2.1 , 1992.t on beha1.f" of GEoRGE SELTZER..
CO-TRUSTEE, who is peZ'E;onaUy known to ':'ll! and ~ take an oa~_
" Nota~{io . 4:.f~ .
. /.." < 'c c:. (.J<~b
Prlntad Name of Notary .
My. commission Expires: Q 6J' tv; /1'i"j
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2395986253
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STATE OF FLORIDA
COUNTY OF (ofli"C"'-'
Tbe fot'egoing instrument 'Was i!cknowledged be:fore De 'this ~!:i/-'
ci~y of :r~""g-""'1 I 19'92 by HELEN wr::INFELD,. under pgwer(;i' ,
Attorney dated May 30, 199'1,. on ~halr of LESTER PERSKY, 'trrbo is
, pers.snally knO'Wl1 to :me and who did take an oath> /J '
~"~"~-
NotarY" lie
Lo",c, C. Co<ob
Printed Hallie of NotaJ::y
Mycollllll.i.ssion Expires: Cl05" ''1, l"ify
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STATE OF FLORIDA ,.
COllNTY OF Coli......, )
, -The t'oreqoinq ~nstrwlent \RlS acknowledged before. tae this ~
day o"f '":Fotht!J~Y# ,. 15192 by HELEN HEJ:NFEI..D,. under Power of
Attorney dated Ha 30, 19911 on beha1.:f of MARY E.. PERSKY,. who is
personaJ.:ly' !01own to 111ft Me! ~ho did ta.k~. ~ o~1:b~ / '
.' . ~. ..<J '-fLAt'- "
Notary PubJ.ic
L~(;'C. C. Webb
Printed. Name or.Not~
My co_ission Expires:~. 1"1, (~'1Y'
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STATE ai FLORIDA;'
cotJNTy OF
ThEIl', t'oreqoing' instrUDeJ'Jt lias acknowledged before me thi's~':
day of',,":'. #' 1.992 by BRADLEY J. BARxMAN, as Pirect.or-ot
the Office of Env1t"onmerl't:.al Services, FLORIDA GAKE ANI)':.FRESHWA1>ER
FISH COMMISSION, who is: personally known to me and Who aid take an
oath.
.,
N'?tary Public
Printed: Name of No'tary
~ . VR'MPoRlOHJAXIII' OKI8:n2' C81D::t3~6'U25" DURATION lm_t):14.o,
PAge: 2546' RCVDAT1112aJ200' 3:51:20 PM leltln Slatlllarcl nmfJ I; ,
My Commissi6,n Expi,res:
6/15/07
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. EXBIlII.T "All
DESC1UPTION OF A CONSERn~ON EAS~ pARCE:[, Dl mE
SOlr.rllllES'r 1/4 OF !!'BE NOR1'IIlfl!S1l' 1/4 OF'SI!CTION 32, 1'OlOlSllIP ,'6
SOO':t'H, RANGE 29 EAS'l', ~ COtlNT!', FLOltXDA.
COKl!:EkC:ING. A~.'1'HP. WEST'1/4 c6:ron:R OF SAID'SBC1":tON 32, RUN.
)fORTH 006-55'-50" In:S'r 1430-.58 FZ:B'I" ALOHG '-'1IE WESr'LDm OF
suo SEC'l'IOH ANP 'l'1IE CEll1'ERLINl! OF CJ.llSON 1lOJJ), !rIIEItCE 1I0R.'l'B
B9.-171-21~ EASr 30.0.0 n:ET-TO S EA.S~ lttGm'-OF-RAY LINE oP
CARSON ROAD AND 'rIm POnn OP BEGDllIDlG. 'l'BEHCB CONTDItlE
KORTH 89--111-21" J"..1l,.S"1' l.298.70 F'EET ALONG !l'BE No.R~l'lfL3:NE OF
mE Sotl'l'llW;ES'l' 1t. OF TIlE 1I0RL'BllES'l':l./4 ap SAID SEC;'l'IOKI
'!'BENCE sot::JT2 00 -!.il'-16- EA.$T.494.7S FB:E:r ALOJfG !l1IB EAS'T' LDf.!
OF ~ sAm sa1J'L'lllfZ:S'l' J./' OP TIlE 1Iaa:rHHllS'l' J./., =CZ _
89....1,'-21:. WEST 645.00 FEE'1't 'l"BENCE: Nom'S OO--Sl'-lfi" WE$4l'
220.14 FEE'1"; ~c:s sotJ'I'fI 89.-17'-21." 'REST 653.29 J'EE"1" !to t;1'HE
E.>.S'1' RXGB1'-<>F-KAY LDlE OF CAIlSON~' mBHCE 1I0ll'l'B 00"-:;5'-
SO. >resT 274.6' Fl!ET ALOIlG '1'HE SAn> ~ JU:GII'l'-OP-WAY LDlE 'l'O
'l"KB POXNT of BEGDllItXNG.. .
COl<'l'AZHING 1)...5 ACltES KORE OR LESS.
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(12)
1112812006 17:08 PAl 23959862&3
INT COkLEGB MAI~ ROOM
141040/040
._;
. EXHIBIT "A"
~~
DESCRIPTION OF A COllSmw.TION EAS:EKEln' PARCEL IH mE
SOll'rHllEST 1/4 OF !VIlE NOIl:!'IiWES\I' 1/4 OF 'S~ION 32, ':OOII)!SlI:I:P ,4~
SOtr.rH, RANGE 29 J::ASl', ~ c::omrrr, FLORJ:DA..
COMI!I!:i<CING, AT!l'HP. WESr'1/4 c61lNER OF SUO' S=OI! 32, RDN.
:NORm 00"-55'-50" lmS'1' 1230.58 FEE'r" ALONG '1"1tE ~'LXN2 OF
SAID SECTION AND ..BE CEIl1"ERLl:NE OF CAl<SON IlOlJ)I !rImNCB NC>a'l'B
B9.-1.7'-21.~ EA1r.r 30.0.0 FEB'l'- ro rim EAS:l' JU.G!Cr-Ol"-1Q.Y L:tNE CIP
CAIlSON ROAO AND !L'Illl PO1m' OF BEGINNDlG1 TJlEIl'CE CON'l.'DItlE
NOR'l'B 89--1.7'-2J.. l".a.sT 1.2$'8..70 F'EEX ALONG ~ NOR:l'B"t.Dm OF
:rIlE sOO'.l'BWEST It" OF 'rIIB NORrllWEST 1/4 OF SAID SBC'rIONI
TBENCE sooTs 00 -51'-16" ~.494_7S FE:E:r ALONG m EAST LINE
OF TllE suo SOtl'l'llliEST 1/4 OF 'rIIB Jlo=nms:t' 1/41 =CZ SOll:r!I
B9-~17/-2~. ~ 645.00 FEET1 THENCE ~ 00.-51'-16- WEST
220.1.4 FEET; T.BENCB SOOTH 89--17'-21" wzsr 653.29 FEET TO ~
EAST RI=-<lF-wAY LDlll OF CA1lSOJI ROA,DI !l'BBKCll JlOR:rB 00'-55'-
50. 1fl!:ST 274.64 nET ALOIlG 'rIIB SArP EAft llIC2l'-OF-WAY :r.:om :ro
= POINT OF BBGDlNDlG. .
CON'l'ADlING 11.45 ACRES KORB OR LESS.
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6/15/07
(13)
6/15/07
MANAGEMENT PLAN FOR PRESERVE AREA
MANAGEMENT
~
THE CONSERV ATJON AREA WILL BE ENCLOSED WITH A FENCE IN PHASE 1 OF THE
DEVELOPMENT. CHAIN LINK FENCING WILL BE MAINTAINED BETWEEN THE PROPERTY
AND ADJACENT LANDS. A CHICKEN WIRE ON INTERMIITENT POSTS WILL BE PLACED
BETWEEN THE CQNSERV ATIGN EASEMENT AND THE DEVELOPMENT, AND A 6' HIGH
PRIVACY WALL WILL BE CONSTRUCTED BETWEEN THE CONSERV ArlGN EASEMENT AND
CARSON ROAD. INTERMITTENT AREAS OF EMBEDDED LIMESTONE OR ROCK MAYBE
PLACED AT EXISTING OFFSITE ACCESS POINTS INTO THE PRESERVE. GATES WILL BE
PROVIDED IN THE FENCING TO ALLOW ACCESS FOR FUTURE MAINTENANCE AND
LIMITED PEDESTRIAN USAGE ON DESIGNATED TRAILS.
BURNINGfROLLER CHOPPING
TO MAINTAIN OPTIMAL HABITAT A PRESCRlBED BURN PROGRAM IS DESIRABLE, BUT IF
BURNING IS NOT PERMISSIBLE THEN A MANUAL PRUNING PROGRAM WILL BE
IMPLEMENTED. THE PLAN INCLUDES MAINTAlNING SCAlTERED LARGE OAKS FOR
ACORN PRODUCTION ALONG WITH LOW OAKS SET BACK BY PRUNING, UNDESIRABLE
VEGETATION WILL BE MANUALLY REMOVED TO PROVIDE THE OPEN AREAS USED BY
THE SCRUB JAYS TO CACHE ACORNS. IF A JOINT MANAGEMENT PLAN CAN BE WORKED
OUT WITH COLLIER COUNTY THIS PORTION OF THE PLAN MAYBE REVISED AFTER
APPROVAL BY THE AGENCIES TO COORDINATE THE JUBILATION PROGRAM WITH THAT
OF COLLIER COUNTY.
EXOTICfNUISANCE SPECIES CONTROL
MAINTENANCE WILL BE CONDUCTED TO INSURE THE AREA IS EXOTIC FREE AND
NUISANCE SPECIES CONSTITUTE LESS THAN 10% COVER. THE CONSER V A nON AREA
WILL BE MAINTAINED EXOTIC FREE IN PERPETUITY. MAINTENANCE AND ERADICATION
EFFORTS MAY INCLUDE MANUAL REMOVAL OR USE OF HERBICIDES, DEPENDING ON SITE
CONDITIONS. AT NO TIME SHALL OAK TREES OR SHRUBS BE DISTURBED DURING THE
EXOTIC REMOVAL PROGRAM.
EDUCATIONAL PROGRAM
THE EDUCATIONAL PROGRAM IS AN INTEGRAL PART OF THE MANAGEMENT PROGRAM.
THE PROGRAM WILL INCLUDE EDUCATIONAL MATERIAL PASSED OUT TO THE RESIDENTS
AND A V AILABLE AT THE KIOSK. EXAMPLES OF THE EDVCA TIONAL MATERIAL WILL BE
SUBMIlTED TO THE FWS FOR REVIEW AND COMMENT. THIS INFORMATION WILL
INCLUDE DESCRiPTIONS OF THE GOPHER TORTOISE, THE EASTERN INDIGO SNAKE AND
THE FLORIDA SCRUB JAY. THE INFORMATION WILL DISCUSS THE HABITAT
REQUIREMENTS OF THE SPECIES, THE PENALTIES FOR HARMING THE SPECIES, THE
IMPORTANCE OF THE CONSERVATION AREA AND WHY CERTAIN ACTIVITIES ARE
RESTRICTED. ENFORCEMENT BY JUBILATION OF THE RESTRICTIONS IMPLEMENTED FOR
MAINTENANCE OF THE HABITAT AND PROTECTION OF THE SPECIES.
ADDITIONAL ACTIVITIES
JUBILATION WILL ALSO IMPLEMENT RESTRICTIONS REGARDING PETS IN THE COMPLEX.
TYPICAL RESTRICTIONS WILL BE THAT ALL PETS MUST BE LEASHED WHEN OUTSIDE
PRIV ATE GROUNDS.
NPI650407Jl.l
I EXHIBIr'C"
lft,i~ 1t:~~::
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I;i;:, :',~i,..:..?-!;,:::".:_..""." c..,,",",
(14)
6/15/07
ThioiPstnunMtJlfl'paredby:
MICHAELJ. VOLPE, ESQUIRE
ROBINS, KAPLAN, MILLER & CIRESI, LLP
7]1 Fifth Avenue South, Suite 201
Naples, Florida 34102
GRANT OF LANDSCAPE BUFFER EASEMENT
TIllS EASEMENT granted this _ day of _~~, 2007, by HARVEST FOR
HUMANITY, INC., an Illinois Not-for-Profit Corporation, (hereinafter referred to as
"Grantor"), to BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY
FLORIDA, (hereinafter referred to as "Grantee").
WITNE SSE TH:
That Grantor, for and in consideration of the sum ofTen ($10.00) Dollars and other good
and valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged,
does hereby grant unto the Grantee, its grantees, transferees. successors, assigns, guests and
invitees, a perpetual, non~exclusive landscape buffer easement upon and across a twenty (20)
foot strip of land lying along the westerly boundary of Tract G, Jubilation, a subdivision lying in
Section 32, Township 46 South, Range 29 East, as recorded in Plat Book 37, Pages 4 through 7
of the Public Records of Collier County, Florida, legally described as follows;
See Exhibit "A" attached hereto and made a part hereof
Grantor shall at aU times be responsible for maintaining the twenty (20) foot strip ofland
lying along the westerly boundary of said Tract "0".
Grantee shall at all times retain the right to enforce the provisions hereof which right
shall include the right of entry onto the twenty (20) foot strip of land lying along the westerly
boundary of Tract "0" for the purpose of maintaining said landscape buffer.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date
and year first above written.
Signed, sealed and delivered
In the presence of:
HARVEST FOR HUMANITY, an Illinois Not.for-
Profit Corporation
By:
RICHARD J. NOGAJ, as President
Witness #1
Typed or printed name
Witness #2
Typed or printed name
~' EXHIBIT_
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(15)
6/15/07
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day
2007, by RICHARD J. NOGAJ, as President of HARVEST FOR
HUMANITY, an Illinois Not-for-Profit Corporation, who is personally known to me or who has
produced (type ofidentification) as identification and who did (did not)
take an oath. N01E: If a type of identification is not inserted in the blank provided, then the
person(s) executing this instrument was personally known to me. If the words in the parenthetical
"did not" are not circled, then the person(s) executing this instrument did take an oath.
My Commission Expires:
Signature
(Type or print name ofNatary)
(16)
6/15/07
~,
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EXHmIT "A"
OESCRll'f,QN
LEGAL AND SKETCH OF 20 FOOT EASBllBNT.
TlU.C'T G. .ruBJlATION, ,j. lWBDMmON LYING IN
SECTION 32. TOll'NSRIP 44 SOUTH. lUNGE ail EAST,
COLLIBa COUNTY, PLORJD.l
THE \llEST 20,COnnOf lR~CT .0., J.Je'lA'flON AS RECMOEOIN Pl.ATeOOK 31, PACE 6
(4_1 '~ClUSl\l() or r..r PullL.lC RECORDS or OOU'EII CO\!NTY, nO~IOA
COI<TA'NlNC71ll124,02SOUAR(F(H."00I€0R,ESS,.PARCNT1RACT"O'COI<IArNINCUJ
ACRt:S, UORE OR LESS
S59'21',fil'
277.0a'(p}
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117.JJ'(p) ~9_J2'(I')
CURVE TABLE(P)
CURI/E' ~~ RADIUS """ CIl0RO CHORDeD-RiNG
" Ja.JB' 2~_OO' g(Y1.'4J" J~.4J' N44"11'40"(
" 100.02' 67.00' 6~'JI'H' SO.IIB' S4T~5'O'.E
" ".10' ~30.00' "4S"Sll' .,,1)9' 5r32'\0"(
,. H.SB' ~,OO' 0"05'59" 41.58' 5"3':"\01:
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or IlCIUC'fIOH' A~ul St'Hl) ..n"I'~1: pu ~tCCADm
"'-AT.
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THIS IS NOT A SURVEY
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(17)
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6/15/07
LEGAL AND SKETCH OF 20 FOOT EASEMENT.
TRACT G, JUBILATION. A SUBDMSION LYING IN
SECTION 32. TOWNSHIP 46 SOUTH, RANGE 29 EAST,
COWER COUNTY, FLORIDA
;l~"1 iOXHflllT
I : A
I
DESCRIPTION:
THE WEST 20.00 FEET OF TRACT "G", JUBilATION AS RECORDED IN PLAT 8001< 37, PAGE 6
(4-7 INCLUSIVE) OF THE PUBLIC RECORDS OF GOLllER COUNTY, FLORIDA.
CONTAINING 70824.02 SQUARE FEET. MORE OR LESS. PARENT TRACT "C" CONTAINING 163
ACRES, MORE OR LESS.
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~EFLECTIONS AVENUE 60' R/W(P) ,,{ 2
a.. (N8919'02E(P)41963{Pl_ _ __
~ N89019'02"( 26468'(P) ~ ~
v' :- cr.:
'" -1------..!"'J!:l ---...... g:1::~-
.. 'iL:' l<1put---:::l ~ "tn g",o
g::-- '6 Cf(P) "111(") ~ Ie;: \ I,/l ",NU)
18 ~ i<l I~ \ If. '"
QI ~ ~ 9 I~_ \ t.J ~
~~ ~ TRACT 'G' ,J I~ ~ \ i'S
l' ~ ~ I~ \;;
z ;; ~ 10 l.JJ
~ ~ J~~~~_____~ '~ll~"~(: i
u S89"21'''.W 59"55'10"[
277.08' (P) 69.32'(P)
CURVE TA8LE(P)
CURVE H LENGTH RADIUS DELTA CHORD CHORD BEARING
C1 .39..38' 25.00' 90'14'4,3" 35.4.3' N44'11'4Q"E
C2 100_02' 67,00' 85'3"47' 90.98' 547'55'04"(
C3 44,10' 530.00' 4'45'59" 44.09' S7'32'10"E
C4 41,59' 500.00' 4'45'59" 41,58' 57"32'10"E
"""'"
(P) .. PLAT DATA
It. .. CENTERLINE
O.E .. DRAINAGE EASE~ENT
P_U.E c PUBLIC UTILITY EAS[~ENT
R/W .. RIGHT-Of-WAY
100 0 50 100
k.Joo~
1 INCH.. 100 FEr;r
AUt Enlln..rlnl ... Sun-.y.nl' Inc,
M5JOOLEEBlVD
1",0 80X 1235
lEHIGHACRE5
FLORIDA 33970
(23g)J32-4569
~ '~(2J9)332-873'
=
1) BEARI~GS SHOWN HEREON ARE 8A5m UPON THE CENTERLINE
OF REnECTIONS AVENUE BEING N!l9"I9'02-E PER RECORDED
PLAT.
~T VA~IO MrHOUT THE SIGNATURE ANll OJli~lMi,l
FWSEO SEAl. or A ~'CENStD FLORlllA ~UFM:YOR
AND MAP~ER
200
I
PREPAlIEOBY
Ai'" ENG'Nn!lIN~ 4: SU!l\l[YlNC. 'Nt
~~.
RICHARD C. McCARTHY P!i,M
PlIDrtSSIO.......'UllVEY(lIlANO....<PP[lI
rLOIl'OA ~IC[I,S[ '10. ij204
(.\3-D~-07
~
LR 3114 THIS IS NOT A SURVEY
"'ROJ[cTHu...efR'l>l:5~no,<. 20 rOOT EASEMENT,APAR,orTRACT "C"
i 9~-76i5 ~lAT Of JUBI~ATlON SUBDIVISION
UR.....a" ClI(Hl
POH l,lICHAElJ.VOLPE
ATE SEC_T""_"l;[
3 1/07 n-46S~29E
c~
99-7625,DWC
CO""-.,
COLLIER COUNTY
(18)
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-59
Which was adopted by the Board of County Commissioners
on the 24th day of July, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of July, 2007.
"
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
~ ~_P;(~<
By: Ann Jennejohn,
Deputy Clerk