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Resolution 2014-229/DO 2014-02 DEVELOPMENT ORDER NO. 14- 02 RESOLUTION NO. 14- 2 2 9 A RESOLUTION AMENDING DEVELOPMENT ORDER 84-1, AS AMENDED, FOR THE TOLL GATE COMMERCIAL CENTER DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY EXTENDING THE EXPIRATION DATE AND THE BUILDOUT DATE TO AUGUST 1, 2021; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF COLLIER BOULEVARD AND BECK BOULEVARD IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (PETITION DRI- PL20140000561) WHEREAS, the Board of County Commissioners of Collier County approved Development Order No. 84-1, which approved a Development of Regional Impact (DRI) known as the Toll Gate Commercial Center DRI on January 17, 1984; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth as Exhibit A; and WHEREAS, the Development Order has been subsequently amended several times, to wit: (i) Resolution No. 92-100 (Development Order No. 92-1), February 11, 1992; (ii) Resolution No. 92-222, (Development Order No. 94-1) April 7, 1992; (iii) Resolution No. 97-5 (Development Order No. 97-2), February 11, 1997; (iv) Resolution No. 03-428; (Development Order No. 03-03) December 2, 2003; and WHEREAS, Section 380.06(19)(c), F.S., extended the buildout date from the expiration date of December 29, 2007 to December 29, 2010; and WHEREAS, under Senate Bill 1752 (2010), owner provided the required notice to extend the expiration date and buildout date by two years to December 29, 2012; and WHEREAS, Sky Angel Center, LLC and NRE98, LLC, through their authorized agent, have filed a Development Order Amendment (DOA) Application and Notice of Proposed Change to a Previously Approved DRI (NOPC) to extend the buildout date by over 8 years to August 1, 2021, which NOPC is attached hereto and incorporated herein as Exhibit B; and [14-CPS-01345/1125028/1]55 Words st-ruc through are deleted;words underlined are added. Toll Gate Commercial Center DRI/PUD 1 of 4 DRI-PL20140000561 — Rev. 10/15/14 cq WHEREAS, the Collier County Planning Commission reviewed and considered the report and recommendation of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on September 18, 2014; and WHEREAS, the Board of County Commissioners, as the governing body of the unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider proposed changes to the Toll Gate Commercial Center DRI; and WHEREAS, at a public hearing held on October 28, 2014, the Board of County Commissioners of Collier County, Florida, in accordance with Section 380.06, Florida Statutes, having considered (a) the DOA Application and the NOPC, (b) the record made at the aforementioned hearing, (c) the record of the documentary and oral evidence presented to the Collier County Planning Commission, (d) the report and recommendation of Collier County planning staff, and (d) the report and recommendation of the Southwest Florida Regional Planning Counsel, the Board of County Commissioners hereby approves the following Toll Gate Commercial Center DRI Development Order amendments. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER That Section 7 of Development Order 84-1, as amended, for the Toll Gate Commercial Center is hereby further amended to read as follows: That this Order shall remain in effect until the expiration date and buildout date of December 29, 2007 August 1, 2021. Any development activity wherein plans have been submitted to the County for its review and approval prior to the expiration date of this Order may be completed, if approved. This Order may be extended by the Board of County Commissioners on the finding of excusable delay in any proposed development activity. SECTION TWO: FINDINGS OF FACT A. The proposed changes to the previously approved Toll Gate Commercial Center DRI do constitute a substantial deviation as set forth in Section 380.06(19), Florida Statutes, however, it does not create additional regional impacts. B. Pursuant to Section 380.06(19), Florida Statutes, the applicant submitted the NOPC to Collier County, the SWFRPC and the Department of Economic Opportunity. C. The DOA Application and the NOPC are in accordance with Section 380.06(19), Florida Statutes. [14-CPS-01345/1125028/1]55 Words stmeli-thr-etgh are deleted;words underlined are added. Toll Gate Commercial Center DRI/PUD 2 of 4 DRI-PL20140000561 — Rev. 10/15/14 0 D. The proposed changes to the previously approved Development Order are consistent with the report and recommendation of the SWFRPC. E. The development is not in an area designated an Area of Critical State Concern pursuant to Section 380.05, Florida Statutes. F. No increase in development intensity is authorized by this Resolution. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Toll Gate Commercial Center DRI do constitute a substantial deviation, as set forth in Section 380.06(19), Florida Statutes, but it does not create any additional regional impacts, and therefore does not require further Development of Regional Impact review. B. The proposed changes to the previously approved Toll Gate Commercial Center DRI will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed changes to the previously approved Toll Gate Commercial Center DRI are consistent with the Collier County Growth Management Plan and the Collier County Land Development Code adopted pursuant thereto. D. The proposed changes to the previously approved Toll Gate Commercial Center DRI are consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, AS AMENDED; TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY; AND EFFECTIVE DATE A. Except as amended hereby, Development Order 84-1, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. B. Copies of this Development Order/Resolution shall be transmitted immediately upon execution to the Department of Economic Opportunity (Division of Community Planning and Development) and the SWFRPC. C. This Development Order/Resolution shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, secon, and majority vote of the Board of County Commissioners of Collier County, Florida, this 4 day of oCI-oBSR , 2014. [14-CPS-01345/1125028/1]55 Words struelFthrough are deleted;words underlined are added. Toll Gate Commercial Center DRI/PUD 3 of 4 DRI-PL20140000561 — Rev. 10/15/14 0 ATTEST: BOARD OF COUNT COMMISSIONERS DWIGHT E BROOK, CLERK COLLIE OUNT LORIDA By: I _.. By Clerk TOM HENNING, Chairman Attest as ." signature only. as to fo d legality: Scott A. Stone (c.„. H F-Ac) Assistant County attorney Attachments: Exhibit A—Legal Description Exhibit B -Notice of Proposed Change [14-CPS-01345/1125028/1]55 Words otruck through are deleted;words underlined are added. Toll Gate Commercial Center DRI/PUD 4 of 4 DRI-PL20140000561— Rev. 10/15/14 Cq V JOHNSON ENGINEERING, INC. CIVIL ENGINEERS AND LAND SURVEYORS I 2158 JOHNSON STREET TELEPHONE 18131334-0046 January /�7 , 1991 TELECOPIER 18 131 3 34-366 I POST OFFICE BOX 1550 FORT MYERS. FLORIDA DESCRIPTION I33902.1550 TOLLGATE COMMERCIAL CENTER SECTION 35, T. 49 S. , R. 26 E. CARL E.JOHNSON AND II /911-1968 SECTION 2, T. 50 S. , R. 26 E. COLLIER COUNTY, FLORIDA IA tract or parcel of land lying in Section 35, Township 49 South, Range 26 East and Section 2, Township 50 South, Range 26 East and Section 2, Township 50 South, Range 26 East, Collier County, 1 Florida which tract or parcel is described as follows: From the southeast corner of said Section 35 run N 89° 45' 01" W along the south line of said Section 35, also being the common township line of said Township 49. and 50 for 437.90 feet to an intersection with the east line of the parcel as described in deed recorded in I Official Record Book 1477 at Page 246, Collier County Records and the Point of Beginning. From said Point of Beginning run S 00° 02' 19" E along said east line for 60.48 feet to the southeast corner of I said parcel; thence run S 89° 57' 41" W along the south line of said parcel for 2200.70 feet; thence run S 89° 56' 02" W continuing along said south line for I 1318.67 feet to an intersection with the east line of a 170 foot Florida and Power & Light Easement, also being the southeast corner of Tollgate Commercial Center Phase Two as recorded in Plat Book 18 at Pages 23 and 24, ICollier County Public Records; thence run N 00° 46' 58" E along the east line of Phase Two and said FP&L easement for 1278.72 feet to an intersection I with the limited access right-of-way line of State Road No. 93 (1-75) also being the northeast corner of said Phase Two and also being the northeast corner of II Tollgate Commercial Center, Phase One as recorded in Plat Book 16 at Page 1, Collier County Public Records; thence run the following courses and distances along said limited access right-of-way line: S 87° 55' 12" E Ifor 89.90 feet; thence run S 78° 44' 38" E for 318.32 CHAIRMAN feet; thence run S 74° 09' 17" E for 1199.30 feet; ARCHIE T.GRANT.JR. thence run S 73° 00' 33" E for 1904.96 feet to a point IPRESIDENT of curvature; thence run southeasterly along the arc of FORREST H. BANKS said curve to the left of radius 11621.16 feet (delta JOSEPH W. EBNER 01° 09' 07") (chord bearing S 73° 35' 07" E) (chord STEVEN K.MORRISON ' ANDREW D. TILTON 233.67 feet) for 233.65 feet to an intersection with the JEFFREY C. COONER north right-of-way line of State Road No. 84 (Old DAN W. DICKEY Alligator Alley) ; thence run N 89° 45' 01" W along the KENTON R. KEILING north right-of-way line of said State Road No. 84 IGEORGE J. KALAL MICHAEL L. HARMON THOMAS L. FENDLEY W. DAVID KEY. JR. W. BRITT POMEROY CARL A. BARRACO DOA- PL20140000561 Rev: GARY R . B U L L KEVIN M. WINTER gate Commercial Center ORE (Notice of Proposed Chan CONSULTANTS ILESTER L. BULSON Date. 6/20/14 Change) ROBERT S. O'BRIEN 3 DUE: 7/14/14 ExhibitA Page 1 of� CD II JOHNSON ENGINEERING,INC. ' Section 35, T. 49 S. , R. 26 E. January 7, 1991 Page 2 1 departing said limited access right-of-way line for ' 100.00 feet to an intersection with the easterly line of the parcel as described in deed recorded in Official Record Book 1477 at Page 246, Collier County Records; ' thence run S 000 02' 19" E along said east line for 200.00 feet to an intersection with said south line of Section 35 and the Point of Beginning. ' Containing 65.79 acres more or less. SUBJECT TO easements, restrictions and reservations of record. AND ' Being all of Tollgate Commercial Center Phase One, as recorded in Plat Book 16 at Page 1, Collier County Records. ' ALSO Being all of Tollgate Commercial Center Phase Two, as recorded in Plat Book 18 at Pages 23 and 24, Collier County Records. ' Containing 34.45 acres, more or less. Bearings hereinabove mentioned are based on Florida DOT right-of- way map for State Road No. 93 (1-75) centerline bearing at Station t290 to bear N 73° 00' 33" W. Mi hael W. Norman Professional Land Surveyor Florida Certificate No. 4500 ' MWN/pd 25023 • i 1 4 Exhibit A Page 1 of_49. FORM DEO-BCP-PROPCHANGE-1 Rule 73C-40.010, FAC. Effective 11-20-90 (Renumbered 10-01-11) STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY DIVISION OF COMMUNITY PLANNING & DEVELOPMENT The Caldwell Building, MSC 160 107 East Madison Street Tallahassee, Florida 32399 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I, Frederick E. Hood, AICP, the undersigned authorized representative of Sky Angel Center, LLC and NRE98, LLC, (APPLICANT) hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the Tollgate Commercial Center PUD/ DRI (ORIGINAL/CURRENT PROJECT NAME) development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, (LOCAL GOVERNMENT) to the Southwest Florida Regional Planning Council,and to the Bureau of Community Planning, Department of Economic Opportunity. June 13, 2014 Date Signature 1 DOA- PL20140000561 Rev: 1 Tollgate Commercial Center DRI (Notice of Proposed Change) Exhibit B Date: 6/20/14 Page of DUE: 7/14/14 2. Applicant (name,address, phone). NRE98, LLC. c/o Mr. Michael Wick P.O. Box 512 Zephyr Cove, NV 89448 Phone:310.306.4400 Fax:310.388.0888 Email:michaelwick @caidanjames.corn and Sky Angel Center, LLC 1300 Goodlette Road N Naples, FL 34102 c/o Mr.Andrew Solis PH:239.390.1900 FX:239.390.1901 Email:asolis @cohenlaw.co►n 3. Authorized Agent(name, address, phone). Frederick E. Hood,AICP Davidson Engineering 4365 Radio Road,Suite 201 Naples, FL 34104 Phone:239.434.6060 Fax:239.434.6084 Email:fred @davidsonengineering.com 4. Location (City, County,Township/Range/Section) of approved DRI and proposed change. Naples, Collier County,Section 35/Township 49/Range 26 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. It is the Applicant's intent to extend the build-out date for the DRI to August 1, 2021. No other changes to the DRI are proposed. 2 Exhibit B Page a of, 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. No changes to the previously approved development program are being contemplated with this submittal. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? Please see the attached Composite Exhibit 1. INTENTIONALLY OMITTED • Ordinance 84-06 PUD Approval for 69.4 acres • DRI Development Order 84-1 approving ADA for 69.4 acre DRI • Ordinance 90-54 PUD Approval for 78.57 acres • Ordinance 90-92 Adding Environmental conditions • Ordinance 92-10 PUD Approval for 100.23 acres • Resolution 92-100 Amending DRI Development Order 84-1 • Resolution 92-222 Amending DRI Development Order 84-1 • Ordinance 93-91 Amending PUD Conditions • Resolution 97-74 Substantial Deviation Amending DRI Development Order 84-1 • Resolution 97-75 Amending DRI Development Order 84-1 extending build-out to 12/30/02 • Resolution 03-428 Amending DRI Development Order 84-1 extending build-out to 12/29/07 • EX-2010-AR-14663 Extending DRI build-out to 1/1/12 (Under Florida State Senate Bill 1752) 8. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within %2 mile on a project master site plan or other map. This description is not applicable. The original developer, who would have purchased or optioned property within a%mile, is no longer involved in the DRI. The co-applicants on this request are two of the remaining vacant land owners within the DRI. 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. 3 Exhibit B Page of Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES X NO As previously noted, the proposed request is limited to extending the build-out date on the DRI to August 1,2021. No other changes are being proposed at this time. 10. Does the proposed change result in a change to the build-out date or any phasing date of the project? If so, indicate the proposed new build-out or phasing dates. Yes. The build-out date will be extended to August 1, 2021. No phasing is contemplated on the remaining undeveloped parcels. 11. Will the proposed change require an amendment to the local government comprehensive plan? Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), F.S., and 73-40.025, Florida Administrative Code: No. The proposed build-out date extension will not require an amendment to the Collier County Growth Management Plan. 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. N/A. No changes to the Master Site Plan, as currently approved, are being proposed. 13. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; The proposed build-out date requested is to be amended to August 1,2021. b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; The current legal description and boundary of the DRI has not changed since the last approved extension request. Please find attached, to this submittal, a copy of the 4 Exhibit B Page„ l of 3 legal description and sketch. c. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; Development on a substantial portion of the DRI has been completed. The build-out extension shall apply to the currently undeveloped property. d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; The proposed build-out date requested is to be amended to August 1,2021. This date is based upon historic development trends of the DRI should allow ample time to accomplish build-out. Additionally, the revised build-out date is being proposed in recognition of the substantial downturn in the real estate market that has over the past seven years. e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning, unit density reduction, or intensity reduction, if applicable; and Acknowledged. f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 73C-40.025 (7), F.A.C. This is not applicable. 5 Exhibit B Page 5 of q 1 YY N MASTER m---.... DEVELOPMENT PLAN N lim" TOLLGATE COMMERCIAL CENTER a7m January, 1991 0FW °Sin §9c.`2 o0w Q W aVIN11n W W 4••' q' i:HI og i 1 . i A 5. 2;a w 0.1■01- S w Ma < ____ i lit:i. .,,- . ., • N-MM.EASEMENT1 /"/ •••.- F_ ,- TOLLGATE BLVD ■ v C L ::1_, -I; : F E e V F- G. C.R. 951 \ O ow � c EXHIBIT "A" 1 ( DOA- PL20140000561 Rev: 1 Tollgate Commercial Center DRI (Notice of Proposed Change) Exhibit Date: 6/20/14 ! DUE: 7/14/14 Pages of tv �� I DOA- PL20140000561 Rev: 1 l N I ' r --4110-1 Tollgate Commercial Center DRI w l— E 1 p_ - (Notice of Proposed Change) ) I Date: 6/20/14 ' s 1 � DUE: 7/14/14 0 0.5 r kri ,_ I MILE k rn A 1 1 U> � ) o W J a 0 m n cc w J I-75 JO U . ) . 1 o RADIO ROAD, r—+ ------f I-75— ' b Jv _____ lO co O"Z- I \ /��' LEGEND r\ / II.BOUNDARY — MAJOR ROADWAYS SOURCES:COLLIER COUNTY GEOGRAPHIC INFORMATION SYSTEMS(2014) Of \i ';- '4,I.'AId�►_-NDI�' PAL EACH r, vet 1.:=_�� "'alb-1�'Ta . • LIER D c � 1 `' DADE a Exhibit B F M y k 2age of_ [.. DE DAVIDSON SO RADIO ROAD SUITE ENGINEERING, IN TOLLGATE COMMERCIAL CENTER DRI DSON PHONE: FL 434-6 LOCATION MAP le eN�iNeeRiNC PHONE: 239 434-6060 JOHNSON ENGINEERING, INC. CIVIL ENGINEERS AND LAND SURVEYORS I2158 JOHNSON STREET January 7, 1991 TELEPHONE 18131 334-0046 TELECOPIER 18 131 334-366 1 POST OFFICE BOX 1550 FORT MYERS. FLORIDA DESCRIPTION I 33902. 1550 TOLLGATE COMMERCIAL CENTER SECTION 35, T. 49 S. , R. 26 E. CARL E.JOHNSON AND 1911•1968 SECTION 2, T. 50 S. , R. 26 E. COLLIER COUNTY, FLORIDA IA tract or parcel of land lying in Section 35, Township 49 South, Range 26 East and Section 2, Township 50 South, Range 26 East and Section 2, Township 50 South, Range 26 East, Collier County, I Florida which tract or parcel is described as follows: From the southeast corner of said Section 35 run N 89° 45' 01" W along the south line of said Section 35, I also being the common township line of said Township 49. and 50 for 437.90 feet to an intersection with the east line of the parcel as described in deed recorded in Official Record Book 1477 at Page 246, Collier County IRecords and the Point of Beginning. From said Point of Beginning run S 00° 02' 19" E along said east line for 60.48 feet to the southeast corner of I said parcel; thence run S 89° 57' 41" W along the south line of said parcel for 2200.70 feet; thence run S 89° 56' 02" W continuing along said south line for I 1318.67 feet to an intersection with the east line of a 170 foot Florida and Power & Light Easement, also being the southeast corner of Tollgate Commercial Center Phase II Two as recorded in Plat Book 18 at Pages 23 and 24, Collier County Public Records; thence run N 00° 46' 58" E along the east line of Phase Two and said FP&L easement for 1278.72 feet to an intersection I with the limited access right-of-way line of State Road No. 93 (1-75) also being the northeast corner of said Phase Two and also being the northeast corner of I Tollgate Commercial Center, Phase One as recorded in Plat Book 16 at Page 1, Collier County Public Records; thence run the following courses and distances along said limited access right-of-way line: S 87° 55' 12" E I CHAIRMAN for 89.90 feet; thence run S 78° 44' 38" E for 318.32 feet; thence run S 74° 09' 17" E for 1199.30 feet; ARCHIE T.GRANT.JR. thence run S 73° 00' 33" E for 1904.96 feet to a point IPRESIDENT of curvature; thence run southeasterly along the arc of FORREST H. BANKS said curve to the left of radius 11621.16 feet (delta JOSEPH W. EBNER 01° 09' 07") (chord bearing S 73° 35' 07" E) (chord STEVEN K.MORRISON 233.67 feet) for 233.65 feet to an intersection with the ' ANDREW D. TILTON JEFFREY C. COONER north right-of-way line of State Road No. 84 (Old DAN W. DICKEY Alligator Alley) ; thence run N 89° 45' 01" W along the KENTON R. KEILING north right-of-way line of said State Road No. 84 IGEORGE J. KALAL MICHAEL L. HARMON THOMAS L. FENDLEY W. DAVID KEY. JR. W. BRITT POMEROY CARL A. BARRACO Exhibit B DOA PL20140000561 GARY R . BULL Toll a Rev; KEVIN M. WINTER Page s �,t_e( gate Commercial Center DRI (Notice of Proposed Change) CONSULTANTS I LESTER L. BULSON ROBERT S. O'BRIEN 3 Date: 6/20/14 DUE: 7/14/14 le JOHNSON ENGINEERING,INC. ' Section 35, T. 49 S. , R. 26 E. January 7, 1991 Page 2 departing said limited access right-of-way line for ' 100.00 feet to an intersection with the easterly line of the parcel as described in deed recorded in Official Record Book 1477 at Page 246, Collier County Records; ' thence run S 000 02' 19" E along said east line for 200.00 feet to an intersection with said south line of Section 35 and the Point of Beginning. Containing 65.79 acres more or less. SUBJECT TO easements, restrictions and reservations of record. AND ' Being all of Tollgate Commercial Center Phase One, as recorded in Plat Book 16 at Page 1, Collier County Records. ' ALSO Being all of Tollgate Commercial Center Phase Two, as recorded in Plat Book 18 at Pages 23 and 24, Collier County Records. Containing 34.45 acres, more or less. Bearings hereinabove mentioned are based on Florida DOT right-of- way map for State Road No. 93 (1-75) centerline bearing at Station 290 to bear N 73° 00' 33" W. ' '/ i/. / 4, . Mi hael W. Norman Professional Land Surveyor ' Florida Certificate No. 4500 ' MWN/pd 25023 i I Ii Exhibit B • Page of