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L'ermitge at Grey OaksCOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO: FROM: DATE: RE: Sue Filson, Administrative Assistant John R. Houldsworth, .Senior Engineer July 27, 1998 I.'ermita~e ~1',' 6?',-7' OmK~ Preliminary Work Authorization Attached please find a Preliminary Work Authorization for L'ermitage. This document has been reviewed by Engineering Review and the County Attorney's Office. Collier County Resolution No. 93-14;7 provides for the administrative approval of preliminary work authorizations. P/ease have the Chairman sign the document and forward to the Clerk's office. .Should you have any questions, please advi~e. jrh CC: Project File Reading File I'RI'~LISIIN.,\It.Y \\'()lt.K ,.\UTilOIliZATION I,' E I,[~I ITA(; l': ..\T (; 12, EY O..\ KS 'I'1 IlS .,\Gi,',[£F_,NII£NT made and entered into this ..': -/ day of.Jm'ie, 1008. bv and bctwccn thc Board of County ('ommissioncrs of Collier ('ottob' Florida. hcrcinal~cr rut~rrcct ~o as "Corral>"', and I lalstatt I'arlncrship, i~crcinal~cr rcl~rrcd to as ibc "()~vncr" R l.:(~ I'I'A I.S: \VI IF. R[:..,\S, Ibc County has adopted ('ollicr ('ountv C)rdinancc No O5-4 known ils thc Grey ()aks l)cvclolm~Cnt Ordinance. hcrcinaftc~ r'cI'crrcd lo as iht I)UI): and \\'II[~i,H"2.,\S, tile Owner represents amt xxarrants it is the record l~'c title owner of l.'ILrmita,,c at Grey Oaks, atlachcd hereto its exhibit ":X" and incorporated herein by rcl~rcncc: \VI IER['~.,\S. ()wncr rcprcscms lJlat ti~c l'rcliminarv Work .,\uthorization is needed because mainlaining construction schedule I~r l.'ILrmili~c at Grey ()ilks iml~rovcmcm plans is paramotmt x~ith thc on-going conslructJon and (Icvcl(~pillcr~t ol'thc approved Grey Oaks I)[J[) and \VI I[~RE.,\S. ()wncr represents and w:~rrants thai no construclion shall occur ir1 environmentally sensitive areas LIIIICSS thc necessary permits and appr(waJs fi~r thc construction have bccn obtained by thc Owner; and \VI IFA*,[:./\S, Owner acknowledges that all requirements of ('oilier CotJntV's Growth Nlanagcmcnt Plan and .,Xdequatc Puhlic Facilities Ordinance No 03-82 will bc mm prior to approval of a tinal subdivisiorl plat, or firlal site dcvclopmcJ~t I)l~ln or building permit as approl~riatc: and \VIII'~REAS, Section 3.2.7.3.~'~ of thc I.i~nd [)cvclopmcnt ('ode cslablishcs a n~cchanism fi~r processing lind issui~g a Preliminary Work ..\uthori×ation. NOW, TI IEREFOI~E, in col~sidcr-alion of thc i~rcmiscs, Iht mutual undertakings of ~hc par~ics, and other good and valuable consideration, it is agz'ccd bv Iht pm-tics hereto as follows: Page I of 5 ..\ (7 KN OXV I ,E D (; 51 I-2NT 'l't~c lkwc~ohm recitals arc Iruc and corr¢cl and are mcorporalcd hereto by rct~rencc Fm'lher, joinlJy acknowledued that the excculion of lids ,,Xgrcement docs not constitule ;t l)cvclopmem Order or any other thud approval by Collier .,\ SI':("I'I()N 2 INi I'ROV KAl I'~ N'I'S Owner sltall be pcrlnittcd to pcI'lkwln the tk~llowing sile iwcparalion and construction through 7 below, as cascmcnls Ikw utilit,,' and lake construction Constructitm of paving and clraiml.~e inl'rastr'tmtta'e within stFccl rights-olkxvay and in those areas which will serve lkiture residential areas, lo include but not limited to subgFadc, base, asphalt, stoFm pipe. hcactwalls, inlets, and sidewalks pump stations. Thc preliminary work detailed in this ?4cction shall be in accoFdancc with plans entitled I.'IZILMIT,&GIL al GRI~Y (),,XNS, Wilson NlilIcF. Barton & Peck. Inc., Drawing File No D-0120-0fi. sheet numbers I through ¢)dated .lune, 1998, hcrcimmlicr collectively relkrrcd to as the"l'rclimma~' Work". Thc legal description of the boundaricsoflhe [N'elimimu~' Work is shown on the proposed pla~ t~ l.'tirmitage at Grey Oaks prepared by Nlarcus L. Berman. P.S NI., oFWilson, Slillcr. Barion & Peck, Inc Prior to any work being undertaken. ()~ncr shall submit 1c~ the ('otmty, complete peFmit i~ackages and al)lHicablc review ;md is~spcction l~cs lkw thc i1cccSSilt'V pcFmnils tk)r thc Preliminary Work (the "l'relimimulrv Work Permits"). These alNHications are as lk~llows: l.'l:~rnlitagc at (h'cv ()aks I:imll Sul~divisic',n IInlWOVcmcnt I'lans, WilSOll, Nlillcr, Barton & Peck, l~lc., l)raxxing Vile No: I)-0120-0S, sheet ntmlbers I through 9, dated .JllllC, Nlinor Site Dcvclopn'~clll pliu~ I'oF lkw lfF~rmitage itt Grey Oaks, prepared by Nlarcus l.. I~crnlan, I).S.NI . ot'\\'ilsom Nliller, 13arlon & I)eck, Inc. I'EI{~I I'I'~ I{I.~QlilI{KI} Issuance of file I'reliminmx' Work ['crmils shall be ~ondi~ioncd upon ~hc t'ollmving :1. ('ounlv sial1' fiudin~ that thc at'q',licalic, n I'tu' Prclhninarv Work Permits arc complctc and satisfi~clo~' and are ready lbr schcch~ling ~o thc lkxu'd of ('oun~v Commissioners lbr final plat Owner submitling Io thc ('otmtv a copy of thc early work permit or actual permit Ii'om thc Soul}l Florida Water Nliltl3~c;llclll l)istrict for illJ milltc~S included in thc jurisdiction of the South Florida Water Xlanagcn~cnl l)istricl, which conlbrms with lhe Prulimina~T Work Release plans submilted ()v.'ncr submitting to thc ('ounlv it copy of thc If.S. Army ('orps of Engineers (AC()Ii), Florida Dopartment of Environmental Protection (FI)I~P), and Soulh Florida Water Management I)istricl (SFWXlD) permits Ibr their respective .jurisdictiomd wetlands I~rior to thc undcrlaking of any work within these .jurisdictional wetlands. S I'X"I'ION 4 A, I'PR()V,.\ ('ountv ,.,.'ill issue thc I'rcliminary \Vork Permits to permit the I'rdimimu'v Work prior to plat apptox'al OllCe conditions (a) through lc) in Section 3 above have been satislSed. Owner understands that no building pemfit will be isst:od lbr habitiflqc structures within l,'Erlni~a,.c= at (}rcv Oaks until the plat is itpprovcd and rcc(,dcd SI-X"I'I()N 5 I N 1) I~ l'~ I N I I:1C..\ TI ON ()%%r~1c[' agrees Lo imtcmnil~' and hold ('ountv harmless against any and all liability, loss, damage or expense from claims or causes Of action including altol'~leys t~'cs and court coStS, resulting t'rom. arising out ot~ and in connection with ()wncr's negligence alld/or willlid misconcluct in file construction cfi'the Prdimina~%' Work under thc I~iclm~inary Work l'crmits or any challenge by any person or [)ill'l)' ob.iccti~g to lho legality or validity or'this Agreement. SE('TION 6 I;, i.~'STI~, I (71'10 N S This Agreement shall be binding upon thc parties and is not transl'crablc SE("I'I()N 7 IAMITATiONS This Atu'ecmcnt sludl expire thirty (30) days from the date of the issuance of the I'reliminaD' Work I~et'mits if thc project's final plat is not submitted to the Board of County ('ommisskmer's lbr approval ptll'Stlal~t tO Division 3.2 of thc I.and l)evdopment Code. unless the Owner is ddavcd in having his final plat reviewed by thc I~oard due to the l~mlt of thc County. All work app[oved by this Agreement must cease and not restart if the final plat is not submhtcd and apl~ro,.'cd by the Board of County ('ommissioncrs xvitlfin this authorization period. No x~ork autlmrized under this Agreement prior to satislking the conditions (a) through (c) in gection 3 of this Agreement. A,w altelBpt tO comlllcl]ce xsol'k pl'iOf tO issu',mce of requisite permits shall render all provisions of this ..Xgrecmcnt null and ~ By cnterinu into this Agreement the ('otmtv docs not guarantee and the Or, ncr cannot rub,' upon th'u fact thTtt the l>rojuct's final plat will be approved upon submission to Iht Board of County ('ommissioncrs Thc ()wrier is rUClt,irud lo comply with all of'ibc provisions and in'ocudurus of thc l.aml l)c'vclopmunl ('ode before thc final plat can be submitted to lhu Board ['or consideration. IN 'WITN[~SS \VI IERI£OF. thc parties have executed this .Agreement thc day first above xvritlcn Signed. Scaled and Delivered thc presence Signature l'rintcd or t.', pod name S ig~:,t urc CATHERINE ROBITAILLE Printed or typed name :\TI'liST: D\VIGI IT E. BROCK. CI.I~RK Apl)ro}'cd as to form'and I,cgal~sullScicncv: ,(b~/Oa~ i~l C. Wcigcl, Esquire 'K" Collier CoullW Attorney It()..\P,I) ()F' ('OtJNT",' ('()M~IISSI()NF.I,',S ()F ('()LI.II!R C()UNTY. FI.OIUI),,\ NO1:0.01 q-O0't I.~l Page 4 of 5 STATE OF FI.ORID:\ ) ) COUNTY Of: COI. I.IER ) TttE FOREGOING INSTRUMENT was acknowledged before mc by Juliet C. Sproul. as Anorncy-in-I:act and Admhustralivc Agcnt ('[itlc) of [lalstatt Partnership. who is rsonallv kno~n to mc or ~1~o has produced . as identification. \VITNESS my hand and olticial seal fins '..'.~"'//~ day of June. It)98. EX~IRI]S: July 25, l~J~ j[ NrOTARY PLIBLIC- STAT[:-OF FLORIDA Print or Type Notal'v Name Nix' Comnussion Expires; ~./fi. ;e--/ P;~gc 5 or 5 ~F DAY OF ! L'ERMITAGE ot GREY OAKS GOLDEN CATE PARKWAY :RD "OF ;E OF ',JAN ~SIONERS iT THE :LY PUBLIC LEGAL DESCRIPTION ALL THAT ,mAR[ OF TNAC? "C" OF GREY, OAKS UNIT FIVE, pt~4[ BOOK 25, PAGES 26. THROUGH 27, AND ALL THAT PART OF T,eAC? "CC-6" OF GRAY OAKS UNIT THREE, PLA? BOOK 20, PAGES JO THROUGH ,~7, PUBLIC RECORD OF COLLIER COUNTY. FLOR/DA BEING WORE PARflCULARLY D£SCR/BED AS FOLLOWS; BEGINNING Al' THE NORFHERLYMOS[ CORNER OF SAID TRACT "C' OF GREY OAKS UNIT FIVE; THENCE ALONG THE BOUNDARY OF SAID TRACT "C" OF C,t?EY OAKS UNIT FIVE IN THE FOLLOWING TWO (2) DESCRIBED COURSES; ;) SOU?HEASTERLY, 100. S2 FEET ALONG rile ARC OF ,~ CIRCULAR CURVE CONCAVE '[0 THE NORTHEAST, HAVING A RADIUS OF 2042.00 FEET, THROUGH A CENTRAL ANGLE OF 02'48'55' AND BEING SUBTENDED 'BY A CHORD 14,HIGH BEARS SOUTH .~Tl2'J4" EAST 100.30 FEET; 2) SOUTH JB'J7'00" EAST $0.99 FEEL' ?HENCE LEAVING SAID LINE SOUI'H .51'25'00' ~ESF 9J. 46 FEET; THENCE SOUTH 04'58'J4" wEST 1~2.26 FEET; THENCE SOUTH 49'36'00" WES1' 112. fl8 FEET FO A POIN'[ ON THE BOUNDARY OF SAID TRACT "C" Of GREY OAKS UNIT FIVE; THENCE ALONG SAID LINE NORTH 40'25'08" WEST 34.85 FEET; THENCE CONTINUE ALONO SAID LINE NORTH 28'50'00" WEST 207.59 FEET; THENCE LEAVING SAID LINE NORTH 62'2~'27" WEST 20..36 FEET.. THENCE NORTH ..,z5'18'~6~ WEST I3.76 FEET; THENCE NORFHERL Y, 9.74 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE fO THE NORTHEAST, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 2~5~'4 I" AND BEING SUBTENDED BY A CHORD WHICH 8EARS NORTH ~9'2~'49' WEST 9.64 FEET: THENCE NORTH 05'24'5~" ~VES? 17.5~ FEET: INDIVIDUAL ACKNOWLEDGEMENT STATE OF FLORIDA COlINTY OF ~..OI_LIER L TION MAPS LEGAL DESCRIPTION CONTINUED THENCE NORTHEASTERLY, 42.8~ FEET ALONG file ARC OF A CIRCULAR CURVE CONCAVE TO FHE SOUTHEAST, HAVING A RADIUS OF ZO. O0 FEET, THF'OUGH ~ CENTRAL ANOLE OF $I'45'4]" AND BE/NO SUBTENDED BY A CHORD WHICH BEARS NORTH 35'29'26" EAST 39.29 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY, 51.56 FEET ALONG file ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 58'51'07" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 46'58'15" EAST 49. 13 FEET; THENCE NORTH 17'J2'41" EAST 62.72 FEET; THENCE NORTHERLY, 21.87 FEEl' ALONG file ARC OF A CIRCULAR CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 31'19'17" AND BEING SUBTENOED BY A CHORD WHICH BEARS NORTH 02'05'23' EAST 21.60 FEET: THENCE NORTH 1,]'54'15" WEST 19.11 FEET; THENCE NORTH 76'25'45" EAST 38.35 FEET; THENCE SOUTH 77'58'09' EAST 81.59 FEET TO A POINT ON THE BOUNDARY OF SAID TRACT "C" OF GREY OAKS UNIT FIVE; THENCE SOUTHEASTERLY, 3,Y. 29 FEET ALONO THE ARC OF A CIRCULAR CURVE CONCAVE [0 THE NORTHEAST. HAVING A RADIUS OF 2042.00 FEET, THROUGH A CENTRAL ANGLE OF 00'56'02' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH .~5'20'06" EAST 5].29 FEET TO THE NORTHERLYMOSF CORNER OF SAID TRACT "C' OF GREY OAKS UNIT FIVE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1.73 ACRES IdORE OR LESS SUBJECT TO EASEMENTS AND RESTR/C?/ONS OF RECORD. BEARINGS ARE BASED ON THE NORTH LINE OF TRACT "C" BE/NO NORTH 53'00'00" EAST. INDIVIDUAL ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF COLLIER TIlE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 1998, BY JULIET C. SPROUL, AS TRUSTEE OF THE EDITH COLLIER SPROUL TRUST AND AS TRUSTEE UNDER THE WILL OF BARRON COLLIER, JR., DULY AUTHORIZED GENERAL PARTNER OF THE HALSTATT PARTNERSHIP, WHO IS PERSONALLY KNOWN TO ME OR HAS PRODUCED , AS IDENTIFICATION.