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HEX Agenda 06/12/2014 COLLIER COUNTY HEARING EXAMINER HEARINGS AGENDA JUNE 12, 2014 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON JUNE 12, 2014, IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DIVISION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA. INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL.THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES— May 13, 2014 and May 22, 2014 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. DRD-PL20130002659 — Petitioner, CSC Properties, LLC, requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks relief from (1) LDC Section 4.06.02 C.4. "Alternative D Landscape Buffer" which requires a 20-foot wide Type "D" landscape buffer for developments within an activity center, to instead provide a 10-foot wide Type "D" buffer along the Tamiami Trail East (U.S. 41) corridor; and, (2) LDC Section 4.06.02.0 which requires a Type "A" buffer along platted lot lines between commercially developed property, to instead provide no buffer and relocate the vegetation elsewhere on site. The subject property consists of 16± acres of land located on the north side of Tamiami Trail E. (U.S. 41), just east of the Collier Boulevard (C.R. 951) and Tamiami Trail E. (U.S. 41) intersection, in Section 3,Township 51 South, Range 26 East,Collier County, Florida. [Coordinator: Mike Sawyer, planner] 5. OTHER BUSINESS 6. ADJOURN May 13, 2014 HEX Meeting TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY HEARING EXAMINER Naples,Florida May 13,2014 LET IT BE REMEMBERED,that the Collier County Hearing Examiner, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION at 2800 North Horseshoe Drive,Room 609/610,Naples,Florida,with the following people present: HEARING EXAMINER MARK STRAIN Also Present: Ray Bellows,Zoning Manager Mike Sawyer, Senior Planner Summer Brown Araque,Environmental Specialist Page 1 of 4 May 13, 2014 HEX Meeting EXHIBITS DESCRIPTION 1 Notice of hearing 2 Agenda item 4.A and the full report and the backup 3 Revisions to the test of the PUD document * * * * * * * PROCEEDINGS HEARING EXAMINER MARK STRAIN: Good morning,everyone. Welcome to the May 13th meeting of the Collier County Hearing Examiner. If everybody would please rise for Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) HEARING EXAMINER MARK STRAIN: Thank you. I have some housekeeping announcements. Individual speakers will be limited to five minutes,unless otherwise waived. All materials used during presentation at the hearing will become a permanent part of the record. Decisions are final,unless appealed to the Board of County Commissioners. And the Hearing Examiner will render a decision within 30 days. Review of the agenda. This is a continued meeting from May 8th at the request of the Hearing Examiner. And I do appreciate the considerations by the applicant for moving the meeting here. There was a situation last Thursday that was kind of unavoidable,so we had to continue. Next item is the approval of the prior meeting minutes on--there were two sets of minutes presented. One was April 10th,2014. The other is April 24th,2014. Both minutes are acceptable as presented. They will be recorded in that manner. We have one advertised public hearing for today. It's Petition No. PDI-PL20130000644,The Royal Wood Golf and Country Club Planned Unit Development. All those wishing to testify on behalf of this item,please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) HEARING EXAMINER MARK STRAIN: Okay. I have reviewed all of the material. And for my disclosures, I've had numerous discussions with various staff members and the most--primarily with Mike Sawyer. I've had many discussions with the applicant over a series of months as this has gone through the process. I have been to the site,took a look at it. I've discussed some issues with the utility department and their concerns. And,with that, I'll turn this over to the applicant. And,Wayne, I have reviewed everything and reviewed the packet. So your presentation can be as long or as brief as you want to enter for the record. MR. ARNOLD: Thank you. For the record, I'm Wayne Arnold with Grady Minor and Associates. With me today is Tim Hayes,who is the club manager of Royal Wood Country Club. This,again, is an insubstantial change application for Royal Wood. We're trying to create two new preserve areas in order to expand the clubhouse tract and allow them some flexibility in moving forward. We have offered some minor changes. One to a setback on the clubhouse tract that would allow rather than a 50-foot setback,a 25-foot setback to a road. We're not changing the setback to a residence. And we had revised some text in section-- let me get my glasses on so I can see. Section 7.3, development regulations for the park preserve area.And we had added language with regard to setback encroachments. And I'll read it for the record because we did make one minor change from the applicant's package. And in it, it says: Setback encroachments, including wall,and plural,walls,parking areas,adjacent single-family homes and other structures are permitted and not subject to LDC preserve setbacks. In that sentence the word "permitted",we've discussed with staff and the Hearing Examiner about changing the word "permitted"to"allowed". I have made that change and I have copies for the record if the Page 2 of 4 May 13, 2014 HEX Meeting Hearing Examiner and the court reporter would like a copy. Otherwise,the change is pretty minor. We appreciate working with staff to create these preserve areas. And I'll answer any questions. HEARING EXAMINER MARK STRAIN: Okay. And as far as the copies,one would be--for the court reporter would be helpful. I do want to have one suggestion and maybe I need Mike. After I had read this again a couple of times,the rewrite of that paragraph to change the word "permitted"to"allowed"I think works better. And it follows: And not subject to the LDC preserve setbacks. We might want to add for clarification,comma,however all other standards shall apply. And the only reason I'm thinking is I wouldn't want anybody to consider this a release of all setback--setback standards. Because we do have a standards table that require certain setbacks for accessory and principal within the PUD. I think they fully intend to comply with those,but it was just the preserve standards that were of concern. Is that--do you see any problems from a staff perspective with that? MR. SAWYER: For the record,Mike Sawyer,project manager for the petition. I don't see a problem adding that. It might be a potential good safeguard. At any rate,the standard development table and requirements within the PUD would still have to be met with or without that. I don't think it's a bad idea to add that though. HEARING EXAMINER MARK STRAIN: Okay. Wayne,do you see any problems with that? MR.ARNOLD: No,sir. No objection to that. HEARING EXAMINER MARK STRAIN: I don't want anybody to think that you're walking away from all the standards. I know you fully intend to apply the development standards that are listed either in the PUD or the fall-back position in the LDC. So I thought that might be a good way of making sure whoever reads that would catch that. MR.ARNOLD: And,just to clarify,just so we walk away all understanding the same language, it was to add--strike the period,add a comma, however all other standards shall apply? HEARING EXAMINER MARK STRAIN: Correct. MR.ARNOLD: Okay. Good. HEARING EXAMINER MARK STRAIN: Okay. Is there anything else you want to add,Wayne, or are you done? MR. ARNOLD: No. HEARING EXAMINER MARK STRAIN: Okay. Mike, is there a staff report? Any comments? MR. SAWYER: Yes. Again, Mike Sawyer,project manager. We have got the staff reports last revised April 25th. Staff is recommending approval of the petition. HEARING EXAMINER MARK STRAIN: Okay. And you're fine with the modified language that we just talked about? MR. SAWYER: Yes. HEARING EXAMINER MARK STRAIN: Okay. MR. SAWYER: And I've talked with other staff members and we're all in agreement. HEARING EXAMINER MARK STRAIN: Summer,did you have anything you wanted to add? MS.ARAQUE: No. HEARING EXAMINER MARK STRAIN: Okay. Well,with that,there is no members of the public here to speak. So we will close the public hearing. And a decision will be rendered within 30 days. I fully expect to have this rendered by the end of the week. Once it's recorded,you'll be sent an e-mail,a copy,and we'll go forward from there. Anybody have anything else for today's meeting? (No response.) HEARING EXAMINER MARK STRAIN: If not,this meeting is adjourned. Thank you all for attending. MR.BELLOWS: Thank you. *************** Page 3 of 4 May 13,2014 HEX Meeting There being no further business for the good of the County,the meeting was adjourned by order of the Hearing Examiner at 9:06 a.m. COLLIER COUNTY HEARING EXAMINER MARK STRAIN,HEARING EXAMINER ATTEST: DWIGHT E. BROCK,CLERK These minutes approved by the Hearing Examiner on as presented or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC. BY KELLEY MARIE NADOTTI, REGISTERED PROFESSIONAL REPORTER AND NOTARY PUBLIC Page 4 of 4 May 22, 2014 HEX Meeting TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY HEARING EXAMINER Naples,Florida May 22,2014 LET IT BE REMEMBERED,that the Collier County Hearing Examiner, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION at 2800 North Horseshoe Drive,Room 609/610,Naples,Florida,with the following people present: HEARING EXAMINER MARK STRAIN Also Present: Heidi Ashton-Cicko, Managing Assistant County Attorney Ray Bellows,Zoning Manager Fred Reischl, Senior Planner Page 1 of 3 May 22, 2014 HEX Meeting HEARING EXAMINER STRAIN: Good morning,everyone. Welcome to the May 22nd meeting of the Collier County Hearing Examiner's Office. If everybody will please rise for Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) HEARING EXAMINER STRAIN: Okay,a few housekeeping notes. The individual speakers will be limited to five minutes unless otherwise waived. All materials used during presentation at the hearing will become a permanent part of the record. Decisions are final unless appealed to the Board of County Commissioners. And the Hearing Examiner will render a decision within 30 days. We have one item on the agenda today and there's no minutes for approval from our last meeting at this time. The one item on the agenda is Item 4.A, Petition No.ZVL-PL2014000524. This is an affirmation of a staff analysis for a compatible use,and it was staff initiated. So from that perspective, Ray, I think it might be more appropriate for you to lead off. Or who was the--Fred? MR.REISCHL: Fred Reischl, Senior Planner. This is a request to have storage on a site in the Sterling Oaks PUD,whose purpose and intent in the PUD is listed as storage, but a permitted use of storage is not found in the PUD. And staff recommends that storage is a permitted use. HEARING EXAMINER STRAIN: And you're going to be limiting to the storage to--it's 4225 but indoor only. MR. REISCHL: Indoor only,correct. HEARING EXAMINER STRAIN: Exhibit A for this item will be the legal ad. And Exhibit B will be the staff report. I've reviewed all the material attached.I'm now checking to see if I had any remaining questions,other than limiting it to indoor storage. I think that was the only issue.Absolutely. I have no other issues with it. Thank you. Does anybody from the public or anybody wish to speak on this item? (No response.) HEARING EXAMINER STRAIN: And I don't believe, Heidi,we need any testimony from the applicant for the analysis,it's basically an affirmation of the staffs position on the analysis. So does that seem consistent with your reading of it? MS.ASHTON-CICKO: That's correct. HEARING EXAMINER STRAIN: So with that, I have no other issues today,there's no comments from the public. This meeting--this will end this item of the hearing. And with that,there's no other business,so this meeting's adjourned. A decision will be rendered within 30 days. Thank you. *************** There being no further business for the good of the County,the meeting was adjourned by order of the Hearing Examiner at 9:04 a.m. COLLIER COUNTY HEARING EXAMINER MARK STRAIN, HEARING EXAMINER Page 2 of 3 May 22, 2014 HEX Meeting A"r!EST: DWIGHT E. BROCK,CLERK These minutes approved by the Hearing Examiner on as presented or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES,INC. BY CHERIE' R.NOTTINGHAM,CSR,COURT REPORTER AND NOTARY PUBLIC Page 3 of 3 AGENDA ITEM 4-A 9& ntz STAFF REPORT COLLIER COUNTY HEARING EXAMINER FROM: DEPARTMENT OF PLANNING AND ZONING HEARING DATE: JUNE 12,2014 SUBJECT: HOME CENTER, SITE PLAN WITH DEVIATIONS. DR-PL20130002659 PROPERTY OWNER/AGENT: APPLICANT : Mutual of Omaha CSC Properties, LLC 5795 Ulmerton Road, Suite 200 Clearwater, Fl 33760 AGENT: Tim Hancock,AICP,and Josh Fruth, Director of Engineering Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 REOUESTED ACTION: The current development contains several parcels which are developed and undeveloped. The existing structures, site improvements, and uses were permitted through the Site Development Plan (SDP) and Building Permit (BP) process including a number of Amendments and or corrections. The first requested deviation action is to reduce the landscape buffer along US-41 from the LDC required 20 foot width to a proposed 10 foot width for the portion of property related to the US-4I improvements. The second requested deviation action is to relocate an internal landscape buffer to two alternate locations within the development. GEOGRAPHIC LOCATION: The subject property is located approximately 420 feet south and east of the intersection of US- 41 (Tamiami Trail East) and SR-951 (Collier Boulevard), in Section 3, Township 51 South, Range 26 East,Collier County, Florida. DR-PL20130002659-Home Center Page 1 of 8 May 19,2014(Revised:5-27-14) o: FB Tf e ' ' • ' i • :i. • %. • t.,,. N. . - ' - _ Jor •i 'ci 1/4•-• 11 . ;.. -, i Vt.....,, -- � i � • 4 r ` ;' .: ' \ Falling Waters Beach Resort y f .dye s' k: '',t X . ' Stii:/... •.7...'--, ' -1‘ ' :1. AV , b. i 't 52v. •._:. 1 • Is % Subject Parcel " :s t.. . N. Id , . d ' 4j'` '• 1�,yi�i� �-_�� Developed Home Center AO.. . rte, ., �} w y .�* Aerial Photo(not to scale) St:RROUNDING LAND USE& ZONING: SUBJECT PARCELS: Several commercially developed and undeveloped parcels with zoning designations of C-3, C-4 and C-5 (Commercial Intermediate, General Commercial,and Heavy Commercial). Note: There is a current Conditional Use Petition for these parcels with CU PL201.10001768, which was recommended for approval by the CCPC and is scheduled for hearing by the BCC on June 24,2014. SURROUNDING: North: A Multi-family Residential Development with a zoning designation of PUD(Planned Unit Development)known as the Falling Waters Beach Resort. East: The entrance to Falling Waters Beach Resort then several undeveloped parcels with a zoning designation of A (Agricultural). South: The US-41 ROW then several undeveloped parcels with a zoning designation of CPUD(Commercial Planned Unit Development) known as Tamiami Crossing. West: Two developed and undeveloped parcels with a zoning designation of C-3 (Commercial Intermediate). DR-PL20133002659- Home Center Page 2 of 8 May 19,2014(Revised:5-27-14) - 4p, ` . O 1 . iiiipp,- .,..,.. ...,:..., ._ 1., i 410, .....**/,..:-.1:.... 4p/ .......::::::::::::S.::.31..:::..nit4t1 _ 4pf 2 .:•.. • 0 `^••• • . ' / � � 2 Z Ili 9 `-U 9 Z 4* . : ; ' ; °Q N f U 411110/Al C.122 r e �,�. � a . �� O. ��� RTY1po IORIpp N I � I r 6 ® en U /7/QA / J a n.s a,o. Z p CC a / , ' b ------7-4-?' f- 1 W I!A 1 a 11 a I n rx / . G. Z 0 . ! -.� a • a � � a rc ��$" iii Q d 00 1 caw .1 X �. ' 411 w ! 3I ° #i I .� ,. ( — <■ 1 ;1 9 a R ' `/ 3 �_ _..� \ ■ _ #� O , 18 1 1 e CI pt \ I V" , R R aQ ^ fi . fie 11 ; \\ } APPLICANT'S JUSTIFICATION FOR REQUESTED DEVIATIONS: The petitioner is seeking two deviations from the requirements of the LDC. The deviations are listed below with staff analysis and recommendations. Deviation I seeks relief from LDC Section 4.06.02.C.4, which requires a 20 foot wide Type"D" landscape buffer along a public right-of-way for developments greater than 15 acres, to allow a 10 foot wide Type "D" buffer due to right-of-way taking which affects the existing development and associated access easement. Petitioner's Rationale: The petitioner provided the following justification for this deviation: Due to the right-of-way taking, which affects the existing planned development and associated easements, the provision of a 20 foot wide Type "D" landscape buffer would further diminish the developable area and severely impact the plan of development while hindering the circulation tithe proposed development. Requiring the 20 fool width would result in significant loss of developable portion of the property while offering no additional and measurable benefit to the community The alternative proposed buffer width will consist of the same plant material and spacing requirements of the LDC. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved due to the right-of-way taking imposed on this development. While staff does not completely agree with the rationale provided by the applicant we do agree that requiring the strict application of LDC landscape buffer width requirement would impact the further development of the project as well as the existing access easement serving the entire development. Additionally staff notes that the Post Take Plan provisions of the LDC allow for the reduction of landscape buffer widths similar to this requested action. For these reasons staff is of the opinion that the proposed perimeter buffer will meet the screening intent and purpose of this LDC requirement. Deviation 2 seeks relief from LDC Section 4.06.02.C.1. that requires a 10 foot wide Type "A" landscape buffer between similarly zoned parcels, to instead provide the required plant material to an alternative location within the development. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The relocation of plant material required in the shared Type "A" buffer within the existing access aisle utilized by the existing retail store and the applicant's property would further diminish the developable area and severely impact the plan of development while hindering the circulation of the proposed and existing development. The existing parking spaces provided on the property owners land for the use of the neighboring business represent a hardship. The alternative proposed buffer material relocation will allow the existing parking to remain while providing the desired effect of the interconnected and unified development while providing additional canopy shade trees within the proposed development. DR-PL20130002659-Home Center Page 4 of 8 May 19,2014(Revised:5-27-14) Staff Analysis and Recommendation: Staff finds that the petitioner's deviation and rationale supportable for this project. While the proposed deviation relocates the required buffer from the shared perimeter of the adjacent commercial development it does retain the required plant material and buffer area in two alternative locations within the development. Additionally one of these alternative areas is adjacent to the multi-family project to the north which will enhance the screening between the two developments thereby further reducing potential compatibility conflicts. ANALYSIS: Staff has reviewed the requested against the established criteria and provide the below analysis. I. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. Staff has described the existing land use pattern in the"surrounding Land Use and Zoning portion of this report. The proposed deviations will not change the permitted land uses and densities within the development. 2. The proposed development is consistent with the Growth Management Plan. Staff is of the opinion that the project as proposed will remain consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP because uses are not changing with this amendment. 3. l'he development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. As noted above the proposed deviations will not change the permitted land uses and densities within the development. Additionally staff notes that deviation two will relocate a portion of the LDC required perimeter buffer trees from the normally required interior location to the project perimeter adjacent to the residential project to the north which will serve as a benefit to those residents along this north perimeter. 4. The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose . . The proposed deviations will not change the current land area within the development As noted in the application one of the requested deviations is the result of a right-of-way taking due to the expansion of US-41 which resulted in a reduction of total land area. The requested deviations should be adequate to serve the intended purpose. DR-PL20130002659-Home Center Page 5 of 8 May 19,2014(Revised:5-27-14) 5. Streets, utilities,drainage facilities,recreation areas, sizes and yards, architectural features, vehicular parking and loading facilities, sight distances landscaping and buffers shall be appropriate for the particular use involved. Staff is of the opinion that the proposed deviations meet the purpose and intent of the LDC regulations noted above. The resulting relocation and revised landscaping will be appropriate for the uses allowed within the land use designations of this development. 6. Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district. The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted. Staff has reviewed the information provided by the applicant and is of the opinion that the resulting visual character of the project will be equal to or better than the minimum standards of the LDC. 7 Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. Section 4.06.05.H.6. of the LDC requires: "All required landscaping shall be maintained in a healthy condition in perpetuity as per the approved building and site plans. Code Enforcement may investigate deficiencies in approved landscaping and institute corrective action to insure compliance with this Code." Therefore at time of the permitting process the areas and required improvements are subject to applicable maintenance requirements as well as standard confirmation and authorization of common ownership(s). 8. Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. Staff finds that the petitioner's deviations are clearly delineated and represent the minimum required to achieve the goals of the project as outlined and stated by the agents in the application. 9. The petitioner has provided enhancements to the development. As noted above deviation two proposes to relocate a portion of the LDC required perimeter buffer trees from the interior of the development to the project perimeter adjacent to Falling Waters Beach Resort should serve as a benefit to those residents along this common perimeter. 10. Approval of the deviation(s)will not have an adverse effect on adjacent properties. DR-PL20130002659-Home Center Page 6 of 8 May 19,2014(Revised.5-27-14) Staff has described the existing land use pattern in the"surrounding Land Use and Zoning portion of this report. Further based on the information provided in the application the proposed deviations should not adversely affect adjacent properties. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approval Petition Home Center, Site Plan with Deviations,DR-PL-20130002659,subject to the following condition. Condition I: Approval of this petition shall be subject to the completion of the Site Development Plan Amendment Insub6tantial Change(SDPI)currently under review and all associated Building Permits as applicable. Attachments: A. Application. B. Order of Taking. DR-PL20130002859-Home Center Page 7 of 8 May 19,2014(Revised:5-27-14) PREPARED BY: it r r CI AEL SAWY R. PROJECT MANAGER DATE DEP RTMENT 0 PLANNING & ZONING REVIEWED BY: RAY BELLOWS, MANAGER DATE DEPARTMENT OF PLANNING & ZONING '22 - MIKE BOSI, AICP. DIRECTOR DATE DEPARTMENT OF PLANNING & ZONING DR-PL20130002659-Home Center Page 8 of 8 May 19.2014(Revised:) • Exhibit A Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239}252-6358 SITE PLAN WITH DEVIATIONS FOR REDEVELOPMENT LDC Section 10.02.03 F Ch. 61of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION NAME OF APPUCANT: CSC Properties, LLC ADDRESS: 5795 Ulmerton Road, Suite 200 art Clearwater STATE FL zip 33760 TELEPHONE 4 (727) 446-3444 CELL# FAX# (727) 346-1253 E-MAIL ADDRESS: rogers@cseproperties.com NAME OF AGENT: Frederick Hood, AICP and Josh Fruth, Director of Engineering FIRM: Davidson Engineering, Inc. ADDRESS: 4365 Radio Rd, Suite 201 ow Naples STATE FL zip 34104 TELEPHONE 4 (239)434-6060 CELL# FAx# 434-6084 E-MAIL ADDRESS: fred@davidsonengineering.com; josh@davidsonengineering.com CORRESPONDING SDP,SDPA,SIP INFORMATION This application shall be submitted in conjunction with one of the following: site development plan, Site development plan amendment, or site improvement plan. PROJECT NAME/PL#IF KNOWN: Home Center Plaza- PL20130002659 PLANNER/PROJECT MANAGER,IF KNOWN: Mike Sawyer DATE OF SUBIVII1TAL OF SDP/SDPA/SIP: SDPI and DRD request submitted simultaneously 12-17-2013 S 10/18/2013 Page 1 of 4 � v County Co*er COLLIER COUNTY 2�0$m�$T*n0�0F�*�Fm�V� GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 INFORMATION REGARDING DEVIATION REQUESTS - A site plan with deviations for redevelopment provides a means for a redevelopment project to seek dimensional deviations (excluding height), architectural deviations, and deviations from site features such as but not limited to, landscaping, parking, and buffers, from the standards established in the LDC when the passing of time has rendered certain existing buildings,structures,or site features nonconforming. A site plan with deviations may be requested for the redevelopment of a site which meets the criteria for a site development plan,site development plan amendment or a site improvement plan as established in LDC section 10.02.03.Except for the requested deviations,the site plan shall comply with LDC section 10.02.03. In accordance with LDC section 10.0213 F, "redevelopment" shall mean the renovation, restoration, or remodeling of a building or structure, or required infrastructure, in whole or in part, where the existing buildings,structures or infrastructure were legally built and installed. DEVIATION REQUESTS � ! � | The application mus address the follow requirements. Please attach the required narratives and explanations, 1. A narrative of the redevelopment project and how it is consistent with the standards for approval, LDC section 10.02.03 F.8. 2. Description of each requested deviation and justification for each request. Requested deviations shall be ~~' clearly delineated in the petition. The LDC section for which the deviation seeks relief from shall be identified. 3. Project enhancements to offset or minimize the deviations shall be clearly identified on the site plan and explanation provided. 4. Deviation Request types: Zoning Deviation Requests-Check all that may be impacted by the request IN Dimensional standards(excluding heighd:Please see Attachment"K �� - Parking [_]Architectural Landscape Buffers Other site features: Engineering Deviation Requests-Check all that may be impacted by the request. Ei Stormwater [� �� Pathways O Transportation Planning lather 411 10/18/20I3 Page 2 of 4 Co*er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION 2800 NORTH HORSESHOE DRIVE NAPLES,FLORIDA 34104 www.collieraov.net (239)252-2400 FAX:(239)252-6358 SUBMITTAL REQUIREMENTS CHECKLIST 1 #OF NOT REQUIREMENTS FOR REVIEW REQUIRED COPIES REQUIRED Completed Site Development Plan with Deviations for Redevelopment Application Completed SDP/SDPA/SIP application Copy for the Pre-Application Notes,if not submitted with 13 SDP/SDPA/SIP Notarized and Completed Owner/Agent Affidavits 3 0 El Electronic Copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. • ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARNG PROCESS: • At the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. III FEE REQUIREMENTS Site Plan for Redevelopment:$1,000.00 Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 Fire Code Review:TBD All checks payable to:Board of County Commissioners The completed application,all required submittal materials, and fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples, FL 34104 111/ 10/18/2013 Page 3 of 4 COtrAtT County COLLIER COUNTY GOVERNMENT 2800 NmmT*wmmCESHmF DRIVF GROWTH M AGEMENT DIVISION NAPLES,FLORIDA 34104 mmvmxrpUiergo`^met (239)252-2400 FAX:(239)252-6358 AFFIDAVIT Rogers Haydon,Manager,CSC Properties,LLC We/I, being first duty sworn, depose and say that vve/| am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge arid belief. Weil understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete,and all required information has been submitted. Davidson Engineering, ���� Aspmope�yom/nerVVe/|fu�herauthohze ~- `� ~- ~' ' �' inc. to act as our/my representative in any matters regarding this Petition. Signature of Property Owner Signature of Property Owner Rogers Haydon, Manager, CSC Properties, LLC Typed or Printed Name of Owner Typed or Printed Name of Owner The foreg ing instrument was a before me this day of , by who is personally known to me or has produced as identification. re of Notary Public-State of Florid ) (Print, Type,or Stomp Commissioned Name of Notary Public) 10/18/2013 Page 4 of 4 DE MYRAPN DEVIATION REQUESTS ATTACHMENT "A" 1. A narrative of the redevelopment project and how it is consistent with the standards for approval, LDC section 10.02.03 F.7. Response: The proposed development and its land uses are consistent with the existing C-3 Commercial zoning and Activity Center #18 future land use designation that the subject property is governed by. The project is also consistent with the development standards contained in the LDC with the exception of the requested deviation for landscape buffer width reduction and relocation of required plant material. Approval of land use controls via the existing zoning and future land use by Collier County, demonstrate a beneficial effect both upon the area the project is to be developed. The project has been designed adequately to provide landscape screening,open space, circulation, vehicular and pedestrian access and stormwater management as minimally prescribed by the LDC and in some cases in excess of said requirements. The project has also been designed to meet or exceed the LDC requirements for architectural features, vehicular parking and loading facilities and sight distances. All existing and proposed easements along with areas under common ownership shall be governed and maintained by a project association to be determined prior to receipt of certificate of occupancy. The requested deviation is inclusive of a landscape buffer width reduction and the relocation of plant material within the required landscape buffers as illustrated on the attached plan set. The LDC specifies that the type "D"landscape buffer along Tamiami Trail East shall be 20-feet in width. Interior development type "A" landscape buffers are also required along platted lot lines between commercially developed projects. This deviation request seeks for the width of the required type "D"landscape buffer along Tamiami° Trail East to be reduced to a 10 foot buffer of the same planting materials for the specific area outlined on the attached plan set. Additionally this deviation request seeks the relocation of plant material within the buffer areas along the shared property boundaries of the affected parcels as outlined in the attached plan set. Approval of this deviation will have no deleterious effect on surrounding properties or right-of-way. This minima!request in reduction and plant material relocation will still provide adequate screening as intended by the LDC. Home Center Plaza Site Plan with Deviations. Attachment A—Deviation Requests Revised April 28,2014 I www.davidsonengineer ng,com DC D yi.9Ac •2. Description of each requested deviation and justification for each request. Requested deviations shall be clearly delineated in the petition.The LDC section for which the deviation seeks relief from shall be identified. Response: Deviation #1: Deviation #1 seeks relief from LDC section 4.06.02 C.4., "Alternative D Landscape Buffer," which requires a 20 foot wide Type "D" landscape buffer when developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right-of-way, to instead provide a 10 foot wide Type "D"buffer along ±373 feet of Tamiami Trail East (U.S. 41) corridor as identified on the Homecenter Plaza SDPi with Deviations drawing set(SDP#AR-11210). Justification: Due to the recent right-of-way taking, which affects the existing planned development and associated existing easements, the provision of a 20 foot wide Type "D"landscape buffer would further diminish the developable area and severely impact the plan of development while hindering the circulation of the proposed development. Requiring the 20 foot width would result in significant loss of developable the property owner while offering no additional and measurable benefit to the community. The alternative proposed buffer width will consist of the same plant material and spacing requirements per the LDC. Deviation #2: The deviation seeks relief from LDC section 4.06.02 C.1., "Alternative A Landscape Buffer,"which requires a Ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center,to instead provide the plant material required to areas defined on the Homecenter Plaza SDPi with Deviations drawing set(SDP#AR-11210). Justification: The relocation of plant material required in the shared type "A"buffer within the existing access aisle utilized by the Tractor Supply Store and the applicant's property would further diminish the developable area and severely impact the plan of development while hindering the circulation of the proposed and existing development. The existing parking spaces provided on the property owners land for the use of a neighboring business represents a hardship. If the applicant/property owner were to eliminate the parking spaces and a portion of the access aisle to plant the required buffer along their side of the property boundary, the result would be the creation of a parking and access deficiency for both parties involved.In addition to the parking and access deficiency created, a buffering deficiency for the Tractor Supply Store property would also arise. The alternative proposed buffer material relocation will allow the existing parking to remain while providing the desired effect of an interconnected and unified development while providing additional canopy/shade trees on other areas of the proposed development while meeting spacing requirements per the LDC. 3. Project enhancements to offset or minimize the deviations shall be clearly identified on the site plan and explanation provided. Home Center Plaza Site Plan with Deviations: Attachment A—Deviation Requests Revised April 28,2014 2 www.d'avidsnnenglneering.com DE Response:Acknowledged.Please see the attached Site Plan with Deviations. I Home Center Plaza Site Plan with Deviation : Attachment A-Devahon Requests Revised April 28,2014 3 www davulsonengineermg.tom DE PRA . STANDARDS FOR APPROVAL ATTACHMENT "B" Standards for approval.The petition shall be reviewed for consistency with the following standards: a. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. Response:Acknowledged.All land uses have been approved per the base C-3 and C-S zoning and pending approval conditional use zoning related to the C-3 parcels. b. The proposed development is consistent with the Growth Management Plan. Response: The proposed project is consistent with the Collier County Growth Management Plan (GMP) through the application of the development standards contained in the base C-3 and C-5 zoning and pending approval conditional use zoning related to the C-3 parcels. c. The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. Response: Future development proposals will comply with the minimum buffering • requirements for commercial facilities located adjacent to rights-of-way, commercial and residential development as applicable. Furthermore, future building locations and land use restrictions contained in the base C-3 and C-5 zoning and pending approval conditional use zoning related to the C-3 parcels serve to reduce noise related impacts on adjacent residential properties. Proposed uses, setback requirements and maximum building heights will also be consistent with existing and potential adjacent land uses. d. The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose. Response: Existing development on the subject site is adequate for the functionality of tenants and consumers. Proposed projects on the undeveloped portions of the property shall be adequate to serve their intended purposes. e. Streets, utilities, drainage facilities, recreation areas, sizes and yards, architectural features, vehicular parking and loading facilities, sight distances, landscaping and buffers shall be appropriate for the particular use involved. Response: Proposed projects on the undeveloped portions of the property shall provide access and adequate operational site design standards to serve their intended purposes while remaining consistent with existing and potential adjacent land uses. 111/ Horne Center Plaza Site Plan with Deviations- Attachment B—Standards for Approval April 28,2014 1 www davidsonengineering..cont DE f, Visual Visual character of the project shall be equal or better in quality than that required by the 1110 development standards for the zoning district The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted. Response:Proposed projects on the undeveloped portions of the property shall provide Visual character equal or better in quality than that required by the development standards for the zoning district while remaining consistent with existing and potential adjacent land uses. g. Areas proposed for common ownership shall be subject to a reliable and continuing 1 maintenance guarantee. Response: Acknowledged. Common area maintenance documents shall be provided prior to the next site development plan approval for review. h. Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. Response:Acknowledged.Please see Attachment A—Deviation Requests attached herein. i. The petitioner has provided enhancements to the development. Response: Proposed projects on the undeveloped portions of the property shall provide continued enhancements to the development until it is built out. j, Approval of the deviation will not have an adverse effect on adjacent properties. Response:The alternative proposed buffer widths,materials and locations as proposed in this application will not impose any negative effects to neighboring properties as they will in most cases consist of the same plant material and spacing requirements, and in extreme cases provide additional plant material in excess of the LDC requirements. Home Center Plaza Site Plan with Deviations Attachment B Standards for Approval April 28,2014 2 www.davidsonengineering.com �a�,v�iaDE s�aN 410 LEGAL DESCRI PTION ATTACHMENT "C" BEING A PARCEL OF LAND LYING IN THE NORTH Ya OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWESTERLY MOST CORNER OF THOSE CERTAIN LANDS DESCRIBED AS "PARCEL 4"AND RECORDED IN OFFICIAL RECORDS BOOK 4380,PAGE 3511 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,THE SAME BEING THE SOUTHWESTERLY MOST CORNER OF THOSE CERTAIN LANDS DESCRIBED AS"PARCEL 117FEE"AND RECORDED IN OFFICIAL RECORDS BOOK 4901, PAGE 28 OF SAID PUBLIC RECORDS; THENCE NORTH 35°34'22" EAST, ALONG THE NORTHWESTERLY LINE OF LAST OF SAID LANDS; A DISTANCE OF 10,00 FEET TO NORTHWESTERLY MOST CORNER OF SAID "PARCEL 117FEE" AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NORTH 35°34'22" EAST, ALONG THE BOUNDARY OF SAID "PARCEL 4", A DISTANCE OF 390.00 FEET TO THE MOST NORTHEASTERLY BOUNDARIES OF "PARCEL 4", "PARCEL 3" AND "PHASE 2 REMAINDER",ALL OF SAID OFFICIAL RECORDS BOOK 4380, PAGE 3511,A DISTANCE OF 896.00 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID "PHASE 2 REMAINDER"; THENCE SOUTH 35°34'22" WEST, ALONG THE SOUTHEASTERLY BOUNDARY OF SAID "PHASE 2 REMAINDER", A DISTANCE OF 400.00 FEET TO THE SOUTHEASTERLY MOST CORNER OF SAID"PHASE 2 REMAINDER";THENCE NORTH 54°35'38" WEST, ALONG THE SOUTHWESTERLY BOUNDARIES OF SAID "PHASE 2 REMAINDER" AND SAID "PARCEL 3", A DISTANCE OF 524.21 FEET TO THE SOUTHEASTERLY MOST CORNER OF THOSE CERTAIN LANDS DESCRIBED AS "PARCEL 118FEE" AND RECORDED IN SAID OFFICIAL RECORDS BOOK 4901, PAGE 3511 OF SAID PUBLIC RECORDS; THENCE NORTH 35°35'44" EAST, ALONG THE SOUTHEASTERLY BOUNDARY OF SAID "PARCEL 118FEE", A DISTANCE OF 10,00 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID "PARCEL 118FEE"; THENCE NORTH 54°35'38" WEST, ALONG THE NORTHEASTERLY BOUNDARIES OF SAID "PARCEL 118FEE" AND "PARCEL 117FEE", A DISTANCE OF 371.79 FEET TO THE POINT OF BEGINNING. CONTAINING 354,682 SQUARE FEET OR 8.142 ACRES,MORE OR LESS Bore Center Piaza Site Plan will Deveaton. Attachment C teal C7eszrition May 6,2014 1. www.davidsonent;ineering.rom I to., . rid er County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collieraov.net (239)252-2400 FAX:(239)252-6358 AFFIDAVIT Rogers Hayden,M 'CSC I l c Weil, being first duly sworn, depose and say that well amlare the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information,all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Weil understand that the information requested on this application must be complete and accurate and that the content of this form,whether computer generated or county printed shall not be altered. Public hearings will not be advertised until this application is deemed complete,and all required information has been submitted. As property owner Weil further authorize, Davidson Engineering, inc. to act as our/my representative in any matters regarding this Petition. jer ure of Property Owner ' Signature of Property Owner ill Rogers Haydon,Manager,CSC Properties,LLC Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged b- • - me_ /3>day of 0.tr.r.171tAs 20 r by /Ac,. , ,/IL,e' �i.1 who a ersonaliy kno n • e or has produced / as ident . •'• `n:"""`gib JEAN MARIE EDWARDS h ..-- 1 # '` Koury pwit-State of Florida 1 f '(/ T 4 r. S Vrf Comm Enka Jul 14,2017 1 le {,'---. at,....—it 1 Commission r;F11767 I fignature of No Public State of Florida) c .7?1,9, I--t. 4,,,,,92/a.5 (Print,Type,or Stomp Commissioned Name of Notary Public) III20/18/2013 Page 4 of 4 Afutualof0mahaBank() 302 N.Dale Mabry Hwy.,Suite 100 Tempo,n. 33609 T 613.341.4320 F813,341.4316 mum;lotom ahabon k.com AFFIDAVIT Mutual of Omaha Bank, as Owner of the subject property, authorizes and grants permission to CSC Properties, tt.C, the Contract Purchaser, to apply for and obtain permits associated with development and zoning of the property described herein. 14,..2.) 1 .7314013 Signature Date Michael J.Bullet-lick, eni9r Vice President Printed Name and Title 0 The foregoing Instrument was ack me this 0134 day ofciek4ir .s„. ,2 NaAmEO.a,ibumaeyi.. leku 1 t7: nogy„,4db, r , who Is pArsanallg itazoalojne or has produced as IdentffIcatIon. ---/Kg(11.6,, /e.i etA) y Sig ature of Notary P lic State of / • dr# t County of ZOE- -... Notary Stamp '.., MY ,. ... GOMM%8 EE C64365 -,;43-,: EXPIRES:Foamy 14,2015 E . .„.... ....,,,.....„NO:Urglowrion I 0 Member FDIC Equal Hog Le-loer 1 0 F)uw. 11112W2013 ;3:02 11S7 P,G01/1)i) COLLIER COUNTY GOvERNMENT 2400 NORTH HS'-toe DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATIoN (230)262-2400 FAX (231)262-6724 alnNWAVLUERGOV.NET ADDRESSING ICkHECKIAST. .-,..... ‘ ....., , ,..:•,... ,.. ..•.1%., Please complete the following and fax to the Operations Department at 239.252-6724 or submit in person to die Addressing Department at the above address, Form must ice stoned Pt/Addresend personnel rid to ore- • 1.‘.=,. • • L 14b .... •. ' in. • ....t.c'...".tn.. Not atl dens wit apply to over/ project. items in bold type are required, FOLK) NUMBERS MUST az PROVIDED. Forme Ober ten 6 months will require additional review and approval by the Addressing Depanment PETITION TYPE(irxlicale type below,complete a separate Arithessing Checickst for each Petition type) O al,(Sleeting Parrnd) SOP(Stte Development Plan) BO(Boat Dock Extension) Carnival/Circus Permit p Cu(Conditional Use) SOPA(SDP Amendment) SOPI(Insubstantial Change to SDP) Ei SIP(Site Improvement P4m) O EXP(Excavirbon Permit) SIPI(mnsubstantial Change to SIP) FP(Final Plat SHR(Street Name Merv) (Final LLA(Lot Una Adjustment) SNC(Street Name Change—Unpletted) PNC(Project Name Change) TOR(Transfer of Development Rights) 4111 PPL(Plans L Plat Review) VA(Variance) PSP(Prelminary Subcfntem Plet) VRP(Vegetation Removal Permit) O PUD Rezone 8 vRsFp(Vegetation Removal&Site Fill Permit) O R2(Standard Rezone) OTHER LEGAL DESCRIPTION of utiect property or p. iertles(copy aflengMy description may be attache Section 3,Township 51,Range 26 _See 4-H-0,c/el FOLIO(Property ID)NUME3ENsi of above(Much A or assodSste with legal idisscrOdon emote Man on) 00725960001,00726040041,00726727007 STREET ADDRESS or ADDRESSES(es oppecabie,to already assigned) No Site Address LOCATION MAP must be attached showing exact location of project/sae in relation to nearest putt6c road right. of-way • SURVEY(copy -needed only for unplettad properties) PROPOSED PROJECT NAME(if applicable) Marco 41 Park PROPOSED STREET NAMES(if aAolicabie) N/A .. SITE DEVELOPMENT PLAN NUMBER(for existing projedslattes only) SDP . ocAR or ei.st 2007-AR-11210 -. .......--- , . 11111 ........... AIM Fros: 1112012013 13:OZ #197 P.002,002 • C�a r county ,rr.. COWER COUNTY GOVERNMENT 2800 NORTH HORSE5i4OE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)2524400 FAX 1239)2524724 WWW.COLLIERC OV.NET PrOet or et voioprnont mums prepostd tot,of already appearing in,ocndominiun documents 10 epprroallon; indicate whether propoeed ar sodding) .74 ginn. Please Check One; 1 Ctecoist to to be Faxed lark 0 Peraorelly PIc sd UD APPLICANT NAKIE: Jessica Flarrelson PHONE 239-434-6060 FAx 239-434-6084 Signature on Addressing Checklist does not constitute Project and/Or Street Name approval and is subject to further review by the Operations Department. r , FOR STAFF USE ONLY FLN Number{Prrimwry) ,172 '.94O vV Folio Number L572 C00 I Folio Number 2 Number 72)OO 7 Folio Number. Approved btlir / E a . f Data: Updated by: Date. IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED ..... , . ill Pr It 1"f 1 Collier County Property Appraiser Property Summary Pampa No.!0022S920001 Lit.Adr. Name/ x MUTUAL OF OMAHA SANK =302 N DALE MARRY HWY STE 100 City.TAMPA State Ft. 73p 33609-1249 Map Na...__.._ .. _.. Strap ! section lbw p ,.Wang. Arms *Acre*2* 6803 512603 047,0006803 3 51 26 1.27 3 5126 FROM N1/4 COR RUN W 32427FT TO€RPM LINE SR SR 953.THENCE WITH begat'A .3$FT TO POO THENCE N 35 DEG F�F1'<S54 DEG 12220OFT.S 35 area W 400FT N 'S4 DEG W 220FT TO PO8 2.02 AC OR 813 PG 1034,LESS THAT PORTION FOR R/W . D IN_ORDER Of.TAXING"117FEE"OR 4901 PG 28 * 1 98A 21 .. Wag.RAW d Na k21.41280.1 ... Sutt✓Coado 100 ACREAGE I WADER School Other Total Use Coyle 0 10.VACANT COMMERCIAL= 5.69 6.2427 11.8327 Latest Sales History 2013 Certified Tax Roll 044t bit Ibis,ere 1.1.1114d-di!ie Can0d 7) !t! ) Date Book-Page nt Land Value $115.913 05/20/13 49V4. 8.... ,. $601000 (+)boproved Value S 0 12/16/015 __.. ., S 0 (it)Mellon Value ., $103.913 01/14/02 ; 7364- mr __..,S 74aillO 05/15(79 811•tQ34 0 (-3 SOW*other Exempt. $0 05/03/64_ „ .. $44 (1)Ass.saed Value $163.913 (-)Homestead&other Ex..mpt. $0 (a)Taxable Value $163913 (e)School Taxable Value $1$3.913' it en Values shown abare equal Q tbiif par*N was tstatfd aft.the Final Mx 1441 'SOH love Ow momot"e*empt vataa duo to Cap oat 44 4441460110r4 mouses, III hapillwww.00ltierappraiser.com/Main Sear0 WRecord) il.htm)7Folioll>425 001 11/21/2013 rage I of 1 Collier County Property Appraiser Property Summary Pacai No.=00726040001 Site A*. t ./Adds: _ . . MUTUAL of OMAHA BANK 302 N DAIS MABRYNHWY STE 100 Qty;TAMPA State Fi. „.. 33609X1249 . . Map ND. Strap No Section Togs Rana. At ,•a . . 6103 ; 512603 052,0006803 3 Si 26 401 _... G . .... 3 31 MOM 31/4 COR S 612.37FT,w 7z2.33F1',N S4 DEG W 2641.51Fr FOR P00,, 54 DEG W 44OFT N 3 5 N DEG£400f'T.S 54 DEG 3 i401:T,S 35 DEG W 400FT TO P08 (4.04 AC OR 1119 PG 2186,LESS TWAT PORT FOR R/W AS DESC IN ORDER OF TAKING w.. .'118PES'OR X11 PG 23 ISMIkasAtia0;Iti Mtliraa RatesM `calcytetions Sub,/Condo;100-ACREAGE HEADER School Other Total Use Code.110-VACANT COMMERCIAL 5.64 6.2421 11.9327 Latest Sales History 2013 Certified Tax Roll (P4a*.0 t546i44t to F PT-WI . Date Book P e Amount d Value • ,385 05/20/x3 2 $6(17 000 (+)Improved Value $0 0 / rr .: `19#6r,< sisoQa a (_)M Value $ 02101183 1119 2).96 $190,0011 06/01/81 925+657 e 0 f SOH at other Exempt $287.114 (a)Assessed value $143.431. (-)Homestead&other Exempt. S 0 (�)Taxable Value 5165.481 le)School Taxable Value $462.595 1E iiViNet sleeem oboe*aqua)D this panda!wu created after the nisei Tax Rest •5014 a'5ane Out maser exempt van.*due to cap on 11530$01111t incest*, ttp;ll vrww.colliercppraiser.aom/lvlain_Search RecordDetaiLhtneFoli01D 72b040O01 11,21/2013 41/ • 411 Page I of Collier County Property Appraiser Property Summary Parcel No. 0072E127007 WeeAde. Name/AddrellaIMUTUAL OF OMAHA BANK N DALE MABRY HWY$1 100 • Country:USA City TAMPA Foreign Mall Code 33609 map No Nei Section Township Range Acres *Arreag 6803 512603 097.0006803 3 51 26 217 3 6126 THE NWLY 236FT PORTION/THE FQi LOWING DESC PARCEL FROM E1/4 CNR OF SEC 3 RUN ALG SPEC U S 612.57FT.W 722.35FT,TO INTERSECT OF N R/W LI SR 90 Legal?(TAMIAMI TRL,)&W R/W U DRAIN CANAL,ALG TAMIAMI TRI.R/W N S4DEG W 1167.5].FT TD POB:CONT 88ofm,N 3SOEG 40oFT,S 54DEG E 880FT,S 35DEGe W 400FT _„ Try mom rai nctiLRLY,DISC.IN COT TIRE Oft 4927 PG 3168 AS PARCEL 3 Mlilege Area 0 21 1 rlriMriiA.l ilf9i 411 • sub,/condo 100-ACREAGE HEADER 5chnai other Una lase Code 0 10-VACANT COMMERCIAL 5.69 6.2427 ILIUM Latest Sales History 2013 Certified Tax Roll (Not all Solos an astad du*to Conndantlater (S to Clomp.) Date Zook-Page Amount Land Value $212,880 05/20/13 : 4327.1110 .._._- $601,000 (,e)Improved Value $0 11/28/01 1932-64S $833,600 03/23/98 2401-433 S 300,000 ( . Market Value S 212.880 ,w..� . ._.. (-)SOW&other Exempt. S 0 (_)Assessed Value $212,880 (-)Homestead&other Exempt. $0 (s)Taxable Value S 212,880 (s)School Taxable Value $212,880 K an woos shown above equal 0 this parcel was crested after the feral Tax Roll 'SOS a"Save Our elomes'exempt but do.sa cep on assessment elation, 10 http://www.coiliert2Prai1scr com/Maila_S nch c,0rdDe*ait.ttanl? ali0II'726727007 1 1/21/2013 .............. SIGN POSTING INSTRUCTION4 (Section 10.03.00,COWER COUNTY LAND DEVELOPMENT CODE(LDC) zoning A�����r,g signs)must be posted by tire petitioner or the petitioner's agent on ,�:: ;:a3` +e3 for a niisrimue•. ..`Mear: (15)calendar days in advance of the first public-hearing and-said-sign(:,)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to Section 10.03.00 of the LDC. 1. The sign(s) must be erected in full view of the public,not more than five(5)feet from the nearest street right- of-way or easement. 2. The sign(s) must be securely affixed by nails, staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost,or rendered unreadable,the petitioner or the petitioner's agent must replace the signs NOTE:AFTER THE SIGN HAS BEEN POSTED,THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED FREDERICK E.HOOD.AICP,SENIOR PLANNER WHO ON OATH SAYS THAT IjE/SHE AS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DE ELOPME T CODE ON THE PARCEL COVERED IN PETITION NUMBER FL201300026S9. Viltk 4365 Radio Road,Suite 201 Signature o pp r ant o , Street or PO Box Frederick E.Hood.AICP Senior Planner Naples.FL 34104 Name(Typed or Printed) City,State,Zip STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this 28th day of May, 2014 by Frederick E. Hood, AICP,personally known to me or who produced - as identification and who did/did not take an oath. ft A. 1&kkd �.- .. ... Sign tune of Not. 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"C' t g ! t ' ' iii t° el F 5 ,l } '. p t ` j --4' 1,,,,, I <.;.'„,'''..-, 'f E t1 1_ . r- S 4 l6 !, F CIA *! /` i i{ r° 1 r r g —1 1 :.l' 1 - : ;t" ..;,,,,; ..''.. . t.:77).., . ) ,,,,,...,...1 to ([# E rte ,. i * ,n p, �Y}. } gds j13 g ^6 z} s. lAli \ r Iij #1} a_� #tir; » kt INSTR 4816811 OR 4901 PG 28 REcollb 3/27/2013 1240 PM PAGES 9 • DWIGHT E. 0ROCX, CLERK OF THE CIRCUI COURT, COLLIER COUNTY FLORIDA REC S78.00 vox SS.00 Exhibit B IN THE TWENTIETH JUDICIAL CIRCUIT COURT OF FLORIDA IN AND FOR COLLIER COUNTY,FLORIDA CIVIL ACTION COLLIER COUNTY,FLORIDA,a political subdivision of the State of Florida, Petitioner, Case No.: I3-CA-269 vs. Parcels: 117FEE AND I18FEE SOUTHERN DEVELOPMENT CO.,INC.,a Florida corporation;MUTUAL OF OMAHA BANK,a federal savings bank; LIBERTY BANK,F.S.B.;EAST STORESMART'-aiTc;o--,, LA.-- ti NAPLES,LLC,a Delaware limited *.prita7 company; FALLING WATERS ' ; ER f k‘\ ASSOCIATION,INC.,a Flo da •-..6fit ORM OF\TAKING AS TO PARCELS corporation;BARRON COL/Le IF?' La---,,,, -----t4 °. E AND)WEE RESOURCES,LLLP,a Flri4 ' • 4:0 it , e--. \ 0 V I limited partnership;COLI4ER! A 0 , 1 CATTLE CORPOPATI rkirl ri i I f d cl. 4,. (61 V ,. / corporation; LARRY H. ** tier County Tax Collector,and th' *flown spouses ::i'i, J /...) i of the above,if any,and their sl\devisees, IQ r's 1 ......, assignees,grantees,creditors,I ecutors, ,„ A:\ administrators,mortgagees,judge ' rs,------r".„\)) trustees,lienholders,persons in pOssesSi ( --- Red la Open Cont. any and all other persons having or claiming to Datsc 5-01-S. -('-, have any right,title or interest by,through,under Dwight E. Brock, Clerk or against the above-named defendants,or By; _ _ 0 r' otherwise claiming any right,title,or interest in the real property described in this action, Respondents. I. ORDER OF TAKING AS TO PARCELS 117FEE AND II8EEI THIS CAUSE came before the Court on March 25 2013 upon the Summonses to Show Cause, in connection with the Petition in Eminent Domain("Petition in Eminent Domain")and i Olt 4901 PG 29 • 0 , . Declaration of Taking ("Declaration of Taking') filed by Petitioner, COLLIER COUNTY ("COUNTY"), to consider this Court's jurisdiction and the sufficiency of the pleadings, to determine whether COUNTY is properly exercising its delegated authority and is entitled to title and possession of the property described in Schedules I and 11 attached hereto in advance of the entry of a final judgment, and further to consider all other matters properly coming before the Court under Chapters 73, 74 and 127, Florida Statutes. The Court having heard and considered the arguments of counsel, having reviewed the record and it appearing that proper notice was ,- , given to all respondents to and all ppsgskoditgfr.-4ktiming any equity, lien, title, or other r7(.:*„.„1- interest in or to Parcels 117 E1/4- d 118FEE, that 4idon in Eminent Domain, the Declaration of Taking and othier pap marelefri by CI 'cY are in proper and sufficient form,and the Court being o h y i. -.,ists,it is hereby, 1\ ‘ . _ g i"--■i ORDERED 4ttd\A• DM') a: /f% ,If 1. All themselves to parties haVelt properly sery . '° t... s or othervvise have subrnitted K„. this Court's jurisdi\etrific' s„..the-Coekh urisdiction over the parties and the subject matter of this cause,pursuant to Chns773,74 and 127,Florida Statutes. 2. The property being appropriated by COUNTY, Parcels 117FEE and 118FEE, is described herein and in Schedules I and 11 attached hereto. 3. The pleadings in this cause are sufficient, COUNTY is properly exercising its delegated authority, and the condemnation of Parcels 117FEE and 118FEE is for a valid public purpose and is necessary for such purpose as is set forth in the Petition in Eminent Darn am filed herein. 1 1 Pep 2 015 OR 4901 PG 30 ill IP , 4. COUNTY's Declaration of Taking sets forth its good faith estimate of the value of Parcel I I7FEE in the total amount of EIGHTEEN THOUSAND AND NO/100 Dollars (SI 8,000.00) and for Parcel 118FFE in the total amount of TWELVE THOUSAND AND NO/100 Dollars ($12,000,00), COUNTY's estimate of the value of the property to be appropriated is made in good faith,is based upon a valid appraisal and is therefore approved. 1 I 5. Respondent, SOUTHERN DEVELOPMENT CO., INC„, a Florida corporation, ("OWNER"),has not requested a hearing pursuant to Ha,Stat.*74,051 and has therefore waived any right to object to the taking. However;,:-*delpd,ent as record owner of Parcels I I7FEE ....,_yi.4.,,,,, ,,,;: ---- z,k,„„, and 118FEE may have a claim to41*proceeds to be pat Aceels 117FEE and 118FEE. ,. --- 6. Respondent, iklU'/UAL,,,,RF-ONT ANA 13 (, federal savings bank, has appeared herein and filed a4 A4.44e71t---;.)i'4t4i Wri‘.D main. Said Respondent may ),.... I N k A\ I have a claim to the proceed *.*fd far- rce 7 (IL EE, IcZ., /..,,C; 7. Respondent, L V" `.. Y BANK, F.S.B1 . « . avings bank, has appeared and has filed an Answer to the Petitio ..,klA ' K'ilfa Respondent may have a claim to ,..... , '--• ...1iE C.l.V ,- " the proceeds to be paid for Parcels 117FEE iii-d-TIVEE. 8, Respondent, LARRY H. RAY, as Collier County Tax Collector, may have a claim to the proceeds to be paid for Parcels 117FEE and I 18FEE for unpaid ad valorem taxes assessed against said Parcels through the date of taking. Accordingly,pursuant to the authority under section 73.061, Florida Statutes, the Clerk is directed to pay to the Collier County Tax Collector any taxes shown to be duo and owing from the funds required herein to be placed in the court registry. Page 3 of.5 i 1 OR 4901 PG 31 0 • 9. Having complied with the applicable provisions of Chapters 73, 74 and 127, Florida Statutes, COUNTY is entitled to title and possession of Parcels 117FEE and 118FEE in advance of final judgment. All other conditions precedent to COUNTY's requested relief have been performed,have occurred or have been waived. 10. Based upon the foregoing, it is proper that this Order of Taking as to Parcels 117FEE and 118FEE should enter in favor of COUNTY and against the respondents named in the Petition in Eminent Domain,as their interests may appear. 11. COUNTY shall th otl u deposj.t.i-r— (eR f this Court e ta s THIRT1 ‘1,4--------_,VP )_., . m of 7 THOUSAND AND NO/100 D4t9•(S30,000.00), bei4iiti'amount of COUNTY's good faith , ' \ estimate of the value of Parcels 1,I7F4i d II8FEEJ,Iyhich total sum of money will fully secure ."-- ,70, d \ I i .• E0?,....,. I the persons entitled to co pen:$titbn t It ,a y kit i ed by the final judgment of this N, I nk-- .0- .1 Court. — ti , -\ c-- \ ,akk.. ,,.-:::"'/ 12. This Order of I* gshall become ef ' , iyitipon COUNTY's deposit of the r Ns ,s'y required such as set forth above i '.4h 'repstryutt1u. iurt within twenty (20)days after the '■(. --tit: Cikk - ......:—...--- date of this Order. 13. Upon COUNTY's deposit of the monies herein ordered to be deposited, as evidenced by the Clerk's certificate of deposit. COUNTY shall be vested with such fee simple interests in and to Parcels 117FEE and 1 ISFEE as arc described herein and in Schedules 1 and 11 attached hereto without further notice or order of this Court. 14. Upon deposit of the monies herein ordered to be deposited, COUNTY shall be entitled to possession of the property described herein and in Schedules 1 and II attached hereto, which property shall be deemed to have been condemned and taken for the uses as set forth in Page 4 of 5 OR 4901 PG 32 0 0 • the Petition in Eminent Domain, and the right to compensation for the same shall vest in the persons named as respondents in these proceedings. 15, The Court retains jurisdiction to determine and award full compensation for the taking of the property interests described herein, and for apportionment and determination and award of attorney's fees and costs to be taxed against COUNTY. ,----- DONE and ORDERED in chambers in Collier County, Florida on this 7-1 day of 2013. c___ 1,--7\—,..AL/ / yb.... e.,4-- H r.4441 -BLE FREDERICK R.HARDT IT\COURT JUDGE Copies furnished to: 0 if „,-"--,____„, Jeffrey L.Hinds,Esquire 1/7-1 1 y 1 ..51Q111; %/Mario Curiale,Registered gen f S r, v opin1 t o,fin . r u-ilsrvi v'Douglas L.Waldorf;Jr.,Es4...- \ ; ." * 'Craig A. Goddy,Esq. ,.. \ v Larry 1-1,Ray,Collier Count #: \c°Hector ,...0 %,...) -...... .. ...- i 1 , Page 5 of 5 OR 49111 Pc 33 • • Schedule I (Fee Simple Acquisition) TERM SHEET OF INTERESTS AND Rl£slt AQQVIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF ROADWAY,DRAINAGE AND UTILITY IMPROVEMENTg TO THE INTERSECTION OF US 41 ANQ COLLIER BOULEVARD{TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO,80118) The following summarizes the interests and rights Collier County (hereinafter The County') shall acquire from the property owners/interest holders thereinafter 'Owner(s)') of certain real property and described in the legal description and sketch ('Schedule il')and the obligations the County has agreed to comply with In connection with such interests and rights; 1. The area of the interests and rights is be acquired by the County are described and depicted herein and on Schedule] yy y 2. Schedule ii describe 8 8e slrri)tiajrt lion from Owner(s)for road construction and related -f7,all being essociated-wl1641e Protect. The County shall acquire a fee si e in -rest In the property described snd'depictad on Schedule Cl_0(t likV) TIE C > Schedule l-Paget of 1 SchcdutkI • Parcel 107FEE 0R4901 PG 34 0 Aik ; - I i 1r -1/ 8 ULE 11 Page of 1 I - . t tAAALNITtp RTO,tte • a to OP 4701,PO TO r0o0 NO, 00710=00 arm%=X T.•se N N33'36'351 / alto Oev033Pletit COMPOWV2W,PIC. Foo0OR(44014°1"C'"PSPONP:RCIL.tei.TTIPI;u0:1011 ' •• ONPIJM 2,215 SP 40, , SCUMMY 44.441.,kt D(ttlOrtrprr "Pr.-4., ----,, COtteeitON.PC. „Ac ,.t.," 1 N, (00101 3) Olt 4350.PO aSit ,--7- \ t");*,...47 ,-"(li N SOW NO.C072$0400o1 N. ,...- 11,,,4A, 4 .>, ..r•.., 44t1/■1 40/ PO: \ / gtil'ic ,,, ' -4-, \ \ i ''N. 3d.'- c- ‘ \ 1 j ile • • \'''''; ' il 4 °rpm XCC0010,OCCI• / L=M.,aserttronow — PARCEL‘1177--- „,/,<,„/ A men er tmo cemo t* stems a. ill .SOVA4,44$414 Id .",..43MUTS 004474,riAlt0.4 poroG Lott PARPOWALY DESCRIVED AS retrawsi,, , ir r- IMAINtio AT lur sourkurr=OCR Or VApctt„4*.-J Otrar•L WORDS"MK'350 PVC 3611 Or TNT Puttre Promo%or Comp COtirry,fl ALSO PONo A PO*12 Ci•Tst Notookt aG141.45F-WXY UNIC O.U.S.411 1142)•CC N5421.2$4 rot 221,44'UT N.040&No 0•0172•02V RTG112•42,,44A,We Cc U.S. 41 ,1,124rX 'U 35E rol 1*.00 MET 4U In ArtsTeRty 906144tarr Or SKO rum a NNoct LENNNO 5410 tottittLY POJetorxr=wart:VT TOR 221.44 rzrr nitK2 332.23.221,rOR 10.00 rter Akiat+a 114c roksit.RLY wafavyarr Or SAC PARCEL 4,TO INC POW Or PerPre4No Cr T•41 PAAtri MOWS 1>C3414er..3,. roat*****t 2,513 saw* ?U2 Pow OR List,st,s4ZT TO EA3DAENTS AND PtStRICP3143 Or MORO. 1 TECm-ROW AUG 15 7m2 LAW/ i wok,to.A.WACO PROFESECONAL WC 22.0t4V00 LSO 5301 wal sill KA war VAUC 1.12}12222 r,***mu axauruitz**Also Doom°so*or A fLON10,4 PEOISTERT4 PI4OrtS90404, SURVEYOR ANO k4,40$1/4.THIS ts 4.oTA town: •••a 4.0,....•.....‘,••• ••••••....N.••—•••4,.......•••••••4 TI.N.....j...41ar..44 . Ow W.Itt.he PliOnCr2 IJJAtiCJLOWIJUISI 0 Ur $M220 AND MA&=cam* AMAMI.111711011 120122.02•01,At **•••••■*••••••••••••••• ••••••••••••••••• nous]PC%=WU=In COMMITNIA or 022222 021042222012221 •••■••••••mitmc•gortics••••••••• t.1116141.111 * -- ■ 404 *MX J NEWS:*1 2402•1 I TOVW2NP1*mai WAX j pot 1 plata rf I ?“*AK I VW , OCX$21.00.00 l 2 L 3 1 &VS I 22E 1.••pg 7/23/it 1 PA.K. Sto_117rEE 1 4 or 1 i i --..---.--------- Schedule 11 Parcel 1 07FEE 0R4901 PG 3 5 el IIII , ; . < ' Schedule I (Fee Simple Acquisition) TERM SHEET OF INTERESTS AND BMWS Ag.QUIRS:f ANZOBLIGATIONS iNCURRED FOR THE CONSTRUCTION OPERATION AND MAINTENANCE OF ROADWAY,DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD(TRANSPORTATION INTERSECTION SAFETY ND CAPACITY itofAIqyE j&LAgsg...H■IT PROGRAM PRO 2,X11:11) The following summarizes the Interests and rights Collier Courtly (hereinafter 'the County.) shall acquire from the property owners/interest holders (hereinafter "Owner(s)'•) of certain real property and described In the legal description and sketch ('Schedule II')and the obligalkins the County has agreed to comply with In connection with such interests end rights: 1, The area of the Interests and rights to be acquired by the County are described and depicted herein and on Schedule*.---;:i—' ---- NV:R .„,-.' ,_:'--;.----' lai;;N. 2. Schedule II describes siw .s a wee siiiiptaa ralign from Owner(s)for road construction and relatell is,all being associate4tti‘rthe Project. The County pleo shall acquire a fee simple intentstiniths property describ and\deplcted on Schedule IL \ \ I ,.... ..:11., irr 1/4,..."", „„/ ! 1 , Schedule I-Page 1 of.1 Schedule I Parcel 108FEE 1 A•a OR 4901 PG 16 *** SCHEDULE• Page II Pagel of 1 ,j •'._ 0 40 14,>//e1 t 3 UNtr1AYrCp (AATei ACAS SOUNER1 r .. CORPORKOOK IPAVEEEL 4) ca 4380.PO 3311 TWO No,00 113900001 t0.o4` lAIKATTEO WPC SCUMERN DEVELOPMENT 04, a f ,{ 3111 1.31 L.?. '�! 5555 f fC,-'., tpyvf ( n 4N,1 t POW pj Fez savityk„ vat kw, LEGAL cESCg1PT1CN Pmica, tggfi INTEREST ' •4.30 rtlaw At PARCEL or WO LY940 Pt&MN 3.3 31 AlsasE- ,),,EOUJCI=Mtc AAA"01340 YOKE PART,G1tL4AL1 033Creer0 AS roil KECI410N0 AT'NC 30131Artst i.AWN!Or`PARCLL 3"t-AS",1 6Eb t OTr9;VL MECOR05 POOP 4300,PACE 8.411 Sr THE rECCRAS Cr COWER COYi+rY. rtANi0A; xNtNCE N3321,03T Fat IO,Oo FEET AL041 Tthf 1VES1LRtr e0UNOuir or SAD'PAACCL 3`; TNE?7CE LFM1N0 UV KSIERLT 301.140Arf 54C11'23'E FOR 151.E3 rEFT; TNLNCE 53519'53**POP 10.00 rtrt 11'ENCY 1,0S4`'SI'13'Yr rep 151.19 PUT*LOW 1Nt lrar1AE0tY INEKE-of..MY UNE or V.S. 41.70 Ole POW Or 11a0011NO Or rot PARCEL.NEREIN DESCRt*CD. r.0414/014 1.513 50UA14E FEET MWE OP LESS %1t5jtCY 10 EASCLCNT;AND RESTRC11014 Or mono, 1tcM ROW AU61$ 4 brOW A.W R 3. . ..P9,>iESStw1A<,Lvr,7 90.01V110H Lsl sso!, •..+t[o NOT 4AL30 PATPOUI THE Otr.INAL 5'R?ut11NME• HARED EMlOSSEO SEAL Or A T1:O9GA NCCSTEREO r'0OFE35101$44. SUPNIYUR APO MaPrOk.Oa 3S POT A SURVEY,: ••••• Y w..• w+...r w ATM..L+.,L+.r M.+%twyr%+r 14,44r+M+.01000.114. 31107XC2:11.8A1/0.133131,31.11.033 Wrreti ANT 1.13031.01301tPrlirti PAW=13911034 1324111TMP«MAY *{$104001,, 1141 MO P9b m 109:WU=t:11011TT C9rXg9i9r03114 Cr C3tMTY 02440109RX! O.EONp MAIM11naol 409■AAAR 1e1•wooN 9ECtnw t'j wS.l. RANCT i 9CN.9 0AK 09#iN 9+' rA,E** sMEtt 04003/.000030 I 1 � 3 I ell 24r 1 1'-to' 1 3/13/15 1 PA.N,J 300_I16rrt 1 1 Or 1 ` SC11CdUIG 1 Parcel 108FE