Autumn Woods Phase TwoRECEIVED
FEB 0 3 lggg
Board of Count.~ [~o~is~loners
¢OAA~UNI"FY DEVELOPAAENT &
ENVZRONA~ENTAL 5ERVZeE5 DZVZSZON
EN~TNEEP. ZN~ REVlrEW SECTION
AAEAAORANDU~
ZO,: ,,:,:~$ue Filson, Administrative Assistant
FROM: ~Tohn R. Houldsworth, Senior Engineer
D4tTE: Januo¢8, 1999
RE:
· - Autumn Woods Phase Two
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for
Autumn Woods Phase Two. This document has been reviewed by
Engineering Review and the County Attorney's Office. Collier
County Resolution No. 93-147 provides for the administrative
approval of preliminary work authorizations. Please have the
Chairman sign the document and forward to the Clerk's office.
Should you have any questions, please advise.
jrh
CC:
Project File
Reading File
PRELIM INARY WORK AUTHORIZATION
AUTUMN WOOI)S UNIT TIIREE
THIS AGREEMI£NT made and entered into this ~/.P...~ day of ---~'~../q.. 1999. by and
between the Board oFCounty Commissioners of Collier Count>' Florida. hereinafter refcrrc~l to as
"Count.,,'". and Centex l lomcs a Nevada General Partnership. hcrcinal'tcr referred to as tile
"Owner".
I~ECITALS:
WIIERF.,~,S. tile County has adopted Collier County ()rdinancc No. 96-8 known as thc
300 Acre Goodlctte-Frank Ordinance. hereinafter referred lo as thc PI lI): and
WI IERI'L,\S. the O~vner represents and warrants it is thc record K:c title m','ncr of'/\uttmm
\Voods Unh Three. attached hereto as exhibit "A" and incorporated herein by rcl~rcncc: and
\VI tI';RIL4S. Owner represenls that the Preliminary Work Authorizmion is needed
because maintaining construction schedule lbr Autumn Woods Unit Three improvement plans is
paramount with the on-going construction and development of the approved Autumn Woods
PUD; and
\VII[~RI.;AS. O~ncr represents and warrants timt no construction shall occtlr ill
environmentally sensitive areas unless thc necessary permits and approvals Ibr thc constructicm
have been obtained by thc ()wncr: and
WI IF~RI!AS. Owner acknowledges that all requirements of Collier Cotmtv's (iro~vth
Managemen! Plan and Adequate Public Facilities Ordinance No. 93-82 will be met prior to
approval of a final subdivision plat. or final site development plan or building permit as
appropriate; and
\VI II';REAS. Section 3.2.7.3.6 of the I.and I)evclopmcnt Code establishes a mechanism
processing and issuing a Preliminary Work Authorizztion.
N()V~, 'FIIEREFORE, in consideration of the premises, thc mutual undertakings of tile
panics, and other good and valuable consideration, it is agreed by thc parties hereto as fi~llows:
Page I ot'5
ACKNOWLI.~I)(;MENT
Thc foregoing recitals arc truc and correct and arc incorporated herein by reference. Further. it is
jointly acknowledged that the execution of this Agreement does not constitute a l)cvclopmcnt
Order or any other final approval by Collier County.
SECTION 2
! Nl P Re VEM ENTS
mo
Owner shall bc permitted to pcrlbrm tile following site preparation and construction
activities subject to tile conditions, limitations, and restrictions contained in Sections 3
through 7 below, as follows:
Clcarhlg of rights-ot:way lbr road and drainage crm';lructhm and clearing
casements for utility and lake construction.
Construction of paving and drainage infrastructure within street righls-of-way and
in lhose areas which will serve future residential areas, to include but not limited
to subgrade, base. asphalt, storm pipe, hcadv,'aIIs, inlets, and sidewalks.
o
Construction of infrastructure to include v,,atcr, sewer, irrigation mains, and sewer
pump stations.
The preliminary work detailed in this Section shall be in accordance xvith plans entitled
Autumn \\'oods Unit Three, Wilson Miller, Barton & Peck, Inc., Drawing File No.
0532-04, sheet numbers I through 15 dated November 1998. hereinafter collectively
referred to as the "Preliminary Work". The legal description of thc boundaries of ~t~e
Preliminary Work is shown on the proposed plat for Autumn Woods Unit Three. prepared
by John Maloney. P.S.M.. of Wilson. Miller. Barton & Peek. Inc.
Prior to an,,' work being undertaken. Owner shall submit to the County. complete permit
packages and applicable review aud inspection fees For the necessary permits ~'or thc
Preliminary \Vork (tile "Prelin'finarv \Vork Permits"). These applications arc as follows:
1. Autt,mn Woods Unit Three. Final Subdivision Improvement l'lans. Wilson.
Miller. Barton & Peck. Inc.. Drawing File No: [)-0532-04. sheet numbers 1
through 15, dated November. 1998.
Plat fi}r Autumn Woods Unit Three, prepared by John Malone>'. P.S.M.. of
Wilson. Miller. P, arton & Peek. inc.
SEC'TiON J
I'Ei/M ITS REQUi liED
Issuance of the I'rcliminary \Vork Permits shall be conditioned up(m thc fi~llowing'
£'om]Iv slaB' t'mding l)ral IJ~: applicalion for I)rcliminar,· Work i)crrnils
complete and satisfactory and are ready for schcdt]ling t(~ thc l~(~ard ()1' ('oulllv
Commissitmcrs for final plat approval.
bo
Owner submitting to thc Cotmty a cop5, o£ thc early work permit ()r actual pcrmi~
£rom tile South Fh~rkta Water Management District for all matters included in ibc
jurisdiction of the South Florida Water Management l)istrict, which confi~rrn.s
with the I'relimirlarv Work F',eleasc plans submitted tt) thc C¢)unty.
SECTION
A P P R O VA !
County will issue thc l'reliminar)' Work l'crmits to permit thc l'rcliminary \Vork prior t{~ plat
approval once conditions (a) through (c) in Section 3 abm'c have been satisfied. ()wrier
understands that no building permit ,.','ill be issued tbr habitable structures within/\utumn
Unit Three. until thc pla! is approved and rccordcd.
SI';CTION 5
INI)EMNi FICATION
Owner agrees m indemnify and hold C'oumv harmle.ss against ;mx' and all liability, loss. damage
or expense from claims tlr causes of action including attorneys l'ccs arid court costs, resulting
from. arising ()ut of'. and in cmmection with Owner's negligence and/or wi[If'ul misconduct in thc
construction of ti'lc Preliminary Work under thc Preliminary Work Pcrmils or any challenge by
an,,,' person or part,,.' objecting to the legality or validity of this/\grcemcnt.
SECTION 6
I~,I.;STiilCTI()NS
This Agreement shall be binding upon the parties and is not transl'crablc.
SECTI()N 7
IA M ITATI()NS
This Agreernent shall expire sixty (60) days £rom thc date of the issuance or thc l'rcliminarv
Work Permits if the project's final plat is not submitted to Ibc Board of County Commissioner'~
for approval pursuant to l)ivision 3.2 of the Land l)evclopmcnt Code. unless the ()wncr is
delayed in having his final plat reviewed by Ibc Board due to thc lkmlt ~l'thc County. All work
approved by this Agreement must cease and not restart ir thc final plat is not su~,mittcd and
approved by thc l~oard of County Commissioners within this authorization period. No work is
authorized under this Agreement prior to satisfying the conditions (a) through (c) in Section 3 o~'
this Agreement. Any attempt to commence work prior tn issuance of requisite permits shall
render all provisions of this Agreement null and void.
By entering into this Agreement d~e £'(,tn]ty docs not guarantee and thc ()wrier cannot rely. ~pon
Ibc Ii, ct that ll~c pr~icct's linal plat will be approved upon submission I~ thc Ig(mrd of ('mmtx
C(mm]issi~mcrs. 'l'hc ()xvncr is rcqt~ircd In c~)mply wi~h all ~,t' IIic provisi~ms and i)rt)ccdurc5 (}i'
the l.and Dcvch)pmcnt (',~de befi)re thc linal plat can Hc suHn~ittcd to thc lg()z,'d Ik,-
cnnsideration.
IN WI'I'NESS WI 11(!(I'.'()I:. lhe parlies have executed this Agreement Iht day lirsl ab,v~,c
v;ritten.
Centex lion:cs. Nc~nda (;cncral I'artncrship.
Signed, Scaled and l)clivcrcd
By:Centex Real I:.slatc ('~rp~ralion. a Ncvadn
corporation, its managing 12choral partner
f~Ru ~ ~,~O~ ....................... i)ivision President
I'rinlcd or typed name
Signature
Printed or typed name
A~VI~ I:S F: .... ~..
~.SDWIGI IT E. I3RO~K,~IA~RK
~ature
I~()ARI) OF COtJNTY C()MMI.q.'41ONI~RS
Cl~airperson //
Approved as to form and legal sutTiciency:
Da'(,~d C~' :~Vci~gel:'F~squir~.
Collier County Attorney
STA'FE OF FI.OI~II)A
COUNTY OF COI.IA
TI il'; FORF, GOING INS'I'I~,tJMI!N'[ was ackno~ledgcd heft}re mc this ~da5 ol'_~;m.. 1998.
by Timothy J. Rucmlcr, l)ivision President of Centex J lomcs of Signed. ScnJcd ;md l)clivcrcd Centex
Real Estate Corporation, the Managing General Panner of a Nevada (Jcncral Ihtrtncrship:. who is
personally knox~n to mc or who has produced . as idenlilScation.
WITN[';SS my hand and oflicial seal this ,.,'~.4~ day ol'~_~.. 1998.
Print or Type Notary Name
My Commission t~xpircs:
LAUR~,M AtIC['
~.I? g~'nm [~p 5P5/2002
*~o CC 720612
This instrument prepared by
Andrew V. Showen
General Counsel
Centex Homes
385 Douglas Avenue, Suffe 1000
~e Sl:rk'x~. FiorkJa 32714
2429124 OR: 2508 PG: 2042
llC01lDID lm 01tICIid, IIC0[I)S of COLI, Ill[ c001'r[,
~ISC
SPECIAL WARRANTY DEED
It{tS tNDENTUR.E, made this .~'~"*'da¥ o! .,J~OO~.,/, 1999, by and between CEN-rEX
DEVELOPA4ENT C.~,Ac~A/~, L.P., a Delaware Ikniled partnership, w~°se principal place of busin~ is 385
Douglas Avenue, Suite 1000, Altamonte Springs, Florida 32714 ("Grantor"), and CENTEX HOMES, a
Nevada general partnership, whose address is 385 Douglas Avenue, Suite 1000, Altamonte Springs, Florida
32714 ("Grantee").
WITNESSETH: Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other
good and valuable considerations, to it in hand paid by Granlee, the receipt of which is hereby
acknowledged, has granted, bargained and sold to Grantee, and lhe heirs and assigns of Grantee, forever,
the following described real estate property (the "Property") located in Collier County, Florida, to-w/t:
See Exhibit "A", attached.
SUBJECT TO RESTRICTIVE COVENANTS CONDITIONS, EASEMENTS AND RESERVATIONS
OF RECORD. And the Grantor does hereby warrant the title to said property by, through and under the said
Grantor and will defend the same against the lawful claims of all persons whomsoever, except for taxes and
assessmenls for the year 1999 and subsequent years, restrictions and easements of record, if any.
IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name and its
corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first
above written.
Signed, sealed and delivered
in our presence:
Print
Prin, Name:
CENTEX DEVELOPMENT COMPANY, L.P.,
a Delaware limited partnership//
By: 3333 Develop. I;nent~orpo.~ion,
General/~ny/~///( ///~_
ey:, 4 f /\/"7 '
Joel ¢_,.
Its: Attorhey-ln-Fact
OR: 2508 PG: 2043
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument_was acknowledged before me this ,3Q,(~ day of -,J(l r~ d,,~_,'~j ,
1999, by JOe / (-'- ,..~'Dr0/~'5 ~r- as attorney-in-fact for CENTEX
DEVELOPMENT COMPANY, L.P., a Del,~ware limited partnership, on behalf of said partnership. He is
personally known to me.
Pdnt Name: (~,q '~c~;/r';,J~ P'!o¢'
My Commission Expires:
Notary Public-State of Florida at Large
[Notary Seal]
CATHERINE MORt
....... ~ # CC.5'r'z3~r¢
G;~/egaP~leed%specwd2.mer. g:~egal~eedmpec'wd2.dal
P.O.C.
SOVr~AS!
S(¢flO~ J, I°dl,
GO&NCC Bt. 0$$Oh ORI vi
0.Jif. ~ 1.3t4. PAC~S 17&&-1774
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PLANNERS, ENVIRONMENTAL CONSULTANTS. ENGINEERS,
Description of P~ of Section 3,
To--hip 49 Sou~, ~ge 25 ~t,
Collier Cowry, Florida
Aut~ woo& 28.59 Acre · ~c~o~ P~I)
AIl ~at pm of Section 3, TomNp 49 Sou~, ~ge 25 ~t, Collier County, Flohda being
more pmicul~ly descd~ ~ follows:
~encing at ~e sought ~mer ofmid S~tion 3,
· en~ ~ong ~e ~t line or,id S~tion 3 No~ 01°18'10TM West 93.04 feet to ~e Point of
Begi~ing of~e p~i herein descfi~;
· ence lmving ~e ~t line of said Section 3, Sou~ 88°32'51'' West 332.50 feet to a point
on file bo~d~ of Autm Woods Unit One.
~ re~rded in Plat Book 28, Pages 27-32, of~e Public Re~rds of Collier County, Florida;
· en~ along ~e Bo~d~ ofs~d Autum Woods Unit One Plat in ~e following five (5)
Desch~d Comses;
I) No~ 01°I8'I0" West 450.00 f~t;
2) No~hwesterly 137.41 feet along the arc ora circular cun, e concave
southwesterly having a radius of I 11.22 feet t~ough a central ~glc of
70°47'23" ~d being subtended by a chord which }>ears No~h 36°4 I'5 I" West
128.84 feet
3) North 72005'33" West 426.59 feet; .
4) southerly 286.23 feet along the arc o~a non-tangent/al circular cu~'c
con,ye e~terly having a radius of 850.00 feet through a central ~glc of
19017'38" ~d ~ing subtended by a chord which b~rs South 11°07'I 5" West
284.88 feet;
5) along a non-~gential line Sou~ 88~5'33" West 70.09 feet;
thence leaving said bounda~ northerly 12.20 feet along the arc ora aon-tmngeatial circular
con,ye ~terly having a radius of 920.00 feet t~ough a central ~gle of
00045'35" and being subtended by a chord which ~s North 01°37'18'' F~t 12.20
feet;
thence along a non-mgential line North 87~59'54'' West 20.00 feet;
thence North 05~1'22" ~t 1 I0.00 feet;
Omnce South 8 I°I 7'23" ~t 20.00 feet;
thence northerly 76.57 feet along ~e ~c ora non-tangential circular cun, e
~ncave easterly having a radius of 920.00 feet t~ough a central angle of
04°46'08" and being subtended by a chord which be~s No~h I 1°05'41'' East 76.55
feet;
thence along a non-tangential line Noah 84°38'16'' West 108.76 feet;
thence westerly 102.62 feet along the arc ora circular cu~e concave southerly
having a radius of 1130.00 feet t~ough a central ~gle of 05°l 2'12" and being
subtended by a chord which bears North 87°14'22'' West 102.59 feet
WILSON, MILLER, BARTON ~ 'PEE}:. INt;.
32~ ll;~Itv I.;m?. Su,t~ 2~, NapJtl. ~orida 14105-8507 i Ph 941-649-4040 [:x 941-64 ~. 5716
thence
thence
thence
Nonh 89o50'28" West 62.85 feet;
North 02°13'10" West 274.76 feet;
South 85°53'10" West 19.32 feet;
thence North 01o13'27" East 135.57 feet;
thence South 85043'59" West 5.98 feet;
thence westerly 31.26 feet along the arc ora circular curve concave northerly
having a radius of 340.00 feet through a central angle of 05°16'05'' and being
subtended by a chord which bears South 88°22'01" West 31.25 feet to a point of
compound curvature;
thence northwesterly 85.22 feet along the arc ora circular curve concave
northeasterly having a radius of 50.00 feet through a central angle of
97039'33'' and being subtended by a chord which bears North 40°10'I0" West 75.28
feet;
thence North 08039'37'' East 6.32 feet;
thence North 84°45'I 6" West 370.95 feet to the easterly fight-of-way line of Frank
Boulevard C-851 (I00' R/W) as recorded in Plat Book 13, page 58 ofthe Public Records ~'
Collier County, Florida;
thence along said easterly fight-of-way line North 07°06'13" East 20.01 feet;
thence leaving said easterly r/ght-of-way l/ne South 84°45'16'' East 371.49 feet;
thence North 08°39'37" 'F2st 21.22 feet;
thence northeasterly 73.07 feet along the arc ora circular curve concave
southeasterly having a radius of 50.00 feet through a central angle of
83°44'10" and being subtended by a chord which bears North 50o31'42'' F_.ast 66.74
feet
thence South 87°36'13" 'East 90.08 feet;
thence South 86°10'40" 'East 43.92 feet;
thence e~terl7 45.95 feet along the arc ora circular curve concave northerly
having a radius of 635.00 feet through a central angle of 04°08'47'' ,and being
subtended by a chord which bears South 88°I 5'03" East 45.94 feet
thence along a non-tangential line North 00°37'48" West 135.00 feet;
thence westerly 31.35 feet along the arc ora non-tangential circular curve
concave northerly having a radius of 500.00 feet through a central angle of
03o35'32" and being subtended by a chord which bears North 88o26'43" West 31.34
feet;
thence along a non-tangential line North 03°49'20'' 'East 312.73 feet; to a point
of curvature;
thence easterly 198.95 feet along the arc of a circular curve concave northerly
having a radius of 475.00 feet through a central angle of 23°59'54- and being
subtended by a chord which bears South 81006'50'' East 197.50 feet;
thence North 86°53'I 3" 'East 299.33 feet;
thence North 03006'47.' West 65.00 feet;
thence South 86°53'13" West 20.00 feet;
thence North 03°06'47'' West 110.00 feet;
thence North 86°53'13" F_,a.st 20.00 feet;
thence North 03"06'47" West 203.83 feet;
thence northerly 203.57 feet along the arc of a circular curve concave easterly
having a radius of 1210.00 feet flu-ough a central angle of 09°38'22'' and being
subtended by a chord which bears North 01°42'24' -East 203.33 feet
thence North 06°31'35" East 96.21 feet;
thence northerly 44.16 feet along thc arc of a circular curve concave westerly
having a radius of 1130.00 feet through a central angle of 02°14'21" and being
subtended by a chord which bears North 05O24'25" F. ast 44.16 feet
thence along a non-tangential linc North 85042'46'' Wcst 20.00 feet;
thence North 01o26'50" East 1 I0.00 feet;
thence North 88°36'25" F_.ast 20.00 feet;
thence northerly 19.38 feet along thc arc of a non-tangential circular curve
concave westerly having a radius ell 130.00 feet through a central angle of
00058'58" and being subtended by a chord which bears North 01 °53'04" West 19.38
feet;
thence North 02022'33" West 279.73 feet;
thence northerly 160.21 feet along the arc of a circular curve concave westerly
having a radius of 472.00 feet through a central angle of 19"26'54" and being
subtended by a chord which bears North 12006'00.. West 159.45 1'eet
thence North 21049'27" West 170.94 feet; ,
thence South 68°10'33" West 15.00 feet;
thence southwesterly 19.13 feet along the arc ora non-tangential circular
curve concave southeasterly having a radius of 539.82 feet through a central
angle of 02°01'49" and being subtended by a chord which bears South 63°15'05"
West 19.13 feet;
thence along a non-tangential line North 27°45'50" West 25.18 feet to the southerly right-
of-way Orange Blossom Drive (100' R/W) as described in O.R. Book 1314, pages 1766-
1774 of the Public Records of Collier County, Florida:
thence along said southerly right-of-way line easterly 172.34 feet along lhe arc ora non-
tangential circular curve
concave southerly having a radius of 565.00 feet through a central angle of
17o28'35.' and being subtended by a chord which bears North 70°58'28'' E~t
171.67 feet;
thence leaving said southerly right-of-way line along a non-tangential line South 10°17'15'.
East 25.12 feet;
thence westerly 19. I0 feet along the arc ora non-tangential circular curve
concave southerly having a radius of 539.88 feet through a central angle of
02°01'38" and being subtended by a chord which bears South 78°4 I'56'' West 19.10
feet;
thence along a non-tangential line South 68°I 0'33" West 15.00 feet;
cZ>
&tl6rq~-J J I I ~' Yef
thence South 21°49'27" -East I23.64 feet;
thence southerly 179.22 feet along the arc of a circular curve concave westerly
having a radius of 528.00 feet .through a central angle of 19026'54" and being
subtended by a chord which bears South 12°06'00'' East 178.36 feet
thence South 02022'33" East 331.89 feet;
thence southerly 16.g2 feet along the arc of a circular curve concave westerly
having a radius of 1210.00 feet through a central angle of 00°47'47" and being
subtended by a chord which bears South 0 I°58'40'' Eazt 16.g2 feet;
thence along a non-tangential line North 88025'14" East 20.00 feet;
thence South 00°59'01'' West 110.00 feet;
thence North 86027'13" West 20.00 feet;
thence southerly 62.93 feet along the arc ora non-tangential circular curve
concave westerly having a radius of 1210.00 feet through a central angle of
02°58'48'' and being subtended by a chord which bears South 05°02'1 l" West 62.93
feet;
thence South 06°3 I'35" West 96.21 feet;
thence southerly 190. I l feet along the arc of a circular curve concave easterly
having a radius of 1130.00 feet through a central angle of09°38'22'' and being
subtended by a chord which bears South 01°42'24" West 189.89 feet
thence South 03°06'47'' 'East 566.05 feet;
thence southerly 106.12 feet along thc arc of a circular curve concave westerly
having a radius of 670.00 feet through a central angle of 09°04'29'' and being
subtended by a chord which bears South 01025'28'. West 106.01 feet
thence along a non-tangenlial line South g4°02'I 8" East 20.00 feet;
thence South 10°32'01" West 187.74 feet;
thence South 83°28'01" 'East 497.63 feet to the East line of said Section 3;
thence along said 'East line South 01°18'10" East 1052.55 feet to the Point of Beginning
Subject to easements and restrictions of record.
Con.tailing 28.59 acres more or less.
,....~.:::Bea~. ngs are based on the east line of said Section 3, being South 01°18'10" East.
,WILSON, MILLER, BARTON & I EEK, INC.
Registere. d Engineers and Land Surveyors
¢
--:;:.' .... .,,,...,.---,
· :.-)'"'"'"":. Ref:' 2G-449, Sheet 3
" Not valid unless embossed with the Professional's seal.
¢:I,:I~T I F I CA'I'I': OF AUTIII,:NT I CITY
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CI.t';NK (IF' TIlE CIRCTJ[T (;~)i l.Z'l
COI,IoI l.:k COUHTY, I"[,0}: i I';/..
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microfilmed un,ter the authority
in order to in~;ure archival qt];llJt,/,
and filn approve(t b7 the Departnent
Information Ser'/irzo~; - Roc;ord:~ t.l;~naqem~nt
S(tr'/ice~: - Rr~(:r)rrl~ t.l,nnarjem(~nt
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t~.nd with
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