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Agenda 04/08/2014 Item # 11D4/8/2014 11. D. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to determine that the proposed Orchid Run Apartments project does not satisfy the criteria for exemption to allow for a stormwater discharge rate above the .15 cubic feet per second (CFS) limit expressed in Policy 6.3 of the Stormwater Management Sub - Element of the Growth Management Plan (GMP). OBJECTIVE: To have the Board of County Commissioners (BCC) determine that the proposed Orchid Run Apartments project does not satisfy the criteria for exemption to allow for a stormwater discharge rate above the .15 cubic feet per second (CFS) limit expressed in Policy 6.3 of the Stormwater Management Sub - Element of the Growth Management Plan. CONSIDERATIONS: Policy 6.3 of the Stormwater Management Sub - Element limits the stormwater discharge rate for projects, with the limits of discharge allocated per basin. When not basin specified, the limit expressed is .15 cfs /acre. Contained in the same policy is a provision which states, "The County may exempt projects from these allowable off-site discharge rates if any of the following applies. 1. The project is part of an existing South Florida Water Management District (SFWMD) permit, which allows discharge rates different than those listed above. 2. It can be documented that the project currently discharges off -site at a rate higher than those listed above. " The full policy has been attached within Exhibit "A ". The Orchid Run project is a proposed multi - family development located on a 20 -acre parcel, zoned within the Grey Oaks PUD/DRI, at the southwest corner of Livingston Road and Golden Gate Parkway. Currently, the proposed project does not possess an existing SFWMD permit that exceeds the policy limits and could not qualify for the exemption as contained in Policy 6.3. On February 11, 2014, the County received a correspondence from Bruce Anderson, representing the project developer, proposing to merge the proposed Orchid Run water management system with the County's existing stornwater system serving the adjacent section of Livingston Road (Exhibit "B "). Within the correspondence, Mr. Anderson states, "The combined systems would discharge at a rate equivalent to the rate currently approved by South Florida Water Management District (SFWMD) for Livingston Road plus the County approved rate of 0.15 CFS for the Orchid Run drainage basin. There is nothing in the GMP or in the County's Ordinance No. 01 -27 which would prohibit the proposed sharing of drainage discharge. Additionally, Policy 6.3 allows the County to expressly exempt this project under Paragraph 92 by adding it to the County's existing permit, which allows a discharge rate of 54.9 CFS. " The proposal to combine the drainage systems would allow for the project to then qualify for the exemption based upon the County's existing permitted District discharge rate exceeds the .15 cfs /acre limit of Policy 6.3. On March 4, 2014 within an e -mail correspondence to County Staff (Exhibit "C "), the applicant provides an argument to establish that the Orchid Run project is a party to the existing County District permit that discharges above the limits of Policy 63. In summary, the applicant states, that the County received a variance for the higher discharge from the District in 1997 and at the time, the eastern 100 feet of Orchid Run parcel was included or covered by the permit. Because Packet Page -538- 4/8/2014 11. D. a portion on the property was included within the District permit, the applicant argues that the entire parent parcel should be considered part of the existing permit. Subsequently, in 1998 portions of the property was acquired through the eminent domain process as depicted within the attached Order of Taking (Exhibit "D "). Further the applicant claims, the County maintains a 25 -foot wide non - exclusive easement on the Orchid Run parcel that was part of the area covered by the County's District permit and therefore the entire Orchid Run Project qualifies for the policy exemption. The applicant's position concludes that there is precedent for sharing the approved discharge rate in this location. The Florida Power and Light (FPL) substation at the northwest corner of the Livingston/Golden Gate intersection was allowed to connect to the County's system. Staff has reviewed the arguments contained in the March 4"' correspondence and provides a number of counterpoints. While a portion of the Orchid Run parcel was part of the 1997 District permit for the County's Livingston Road project, the percentage of land area was under twenty percent of the total parcel area. Therefore, a majority of the Orchid Run project parcel was not a part of the County's District permit. Within the Order of Taking, the County provided the parcel owner $213,750 and with stated compensation, the claims to being part of the original County permit are muted. Within the Order of Taking, it is stated that the taking of the property is "reasonably necessary to serve the public purpose for which the property is being acquired." The importance of this lies within the fact the existing District permit was issued for the Livingston Road project, a recognized public purpose. The eventual development of the Orchid Run project is clearly for a private purpose. Finally addressing the past precedent cited within the e -mail, the FPL sub - station, which inter - connects to the county's system, is a partnership between a Public Entity and a Land Development Code recognized Essential Service. Additionally, the FP &L station has minimal impervious area and thus limited impact on the County's discharge resources. Within the correspondence dated February 11, 2014, (Exhibit `B ") the applicant states that the design of the proposed dual systems would allow the County to address existing inconsistencies between the design of the current County's system and the existing District permit. The applicant states that the current design of the County's system results in the stormwater pond at the southeast corner of the Golden Gate /Livingston intersection reaching elevations higher than the elevations it was designed to permit. Additionally, the applicant indicates that preliminary consultation with SFWMD staff over the design of the combined system was favorable. Staff agrees with the applicant in that there is nothing in the GMP or Ordinance #01 -27, which would prevent the Orchid Run project from combining with the existing County's District permit. Staff is not aware of other instances where the County has allowed for the merging of a private development's stonnwater system to an existing Zn County's District permit to expressly exempt that private development from the discharge rate limits contained in the GMP. An assessment from the County Engineer, regarding the design difference between the two alternatives for the Orchid Run project, adhering to the .15 cfs /acre standard or combing the systems under the existing 54.9 cfs /acre, results in a significant difference in the amount of fill needed for site preparation and the acreage needed for water management for the developer of the Orchid Run project. If the project must adhere to the Policy discharge rate of .15 cfs /acre attainment it will result in a larger volume of fill needed and land area devoted to water Packet Page -539- 418/2014 11. D. management for the site. The proposal to utilize the proposed combined system results in a decrease in the volume of fill and land area dedicated to water management, thus a significant financial benefit to the Orchid Run project. In regards to the benefit potentially received by the County, the County Engineer identified the redundancy provided by the proposal as a benefit, but discounted the benefit stated with the applicant's correspondence, indicating that due to the pond being larger than the original design, that the effect of the increased peak tailwater elevation is minimized. In review of this proposal by Transportation staff, it was pointed out that the additional discharge capability retained by the County might be needed if future improvements are needed to the Livingston Road /Golden Gate Parkway intersection. In summary, while there may be minimal benefits that are derived by the public in improvements to the County's existing water management system with the proposed combined system, Staff does not believe that this benefit outweighs the potential negative outcome of the proposal. As noted, Staff is unaware of any previous instances where a private development proposal is allowed to merge with a public drainage system for specific purpose of exempting that development from limits of stormwater discharge contained in the GMP. Additionally, the proposal conveys significant financial benefit to a private development, by exempting the project from a GMP policy. Finally, based upon potential future transportation improvements needs, the additional capacity contained within the existing County District permit would be diminished with the additional volume of discharge associated with the Orchid Run project. It should be noted, that if the BCC concludes that the Orchid Run project can seek to merge with the County's existing District pen-nit, then the project would need to obtain all necessary easements and /or agreements with the County. In addition, the project would need to satisfy the application requirements of the Water Management District to modify the County's District permit. In addition, since this involves a public asset, the County Attorney's office has noted a public bid process may be required. As noted, at the time of this hearing, the project does not have an existing District permit that exceeds the discharge rate of Policy 6.3 and therefore would not meet the criteria for an exemption. Only if the BCC directs for a merging of the systems and subsequently, the applicant successfully modifies the existing County District permit, could the project qualify for the exemption. FISCAL IMPACT: The fiscal impacts for the County associated with this item are the potential future replacement costs to create additional discharge capacity should the County require such for any future modifications to this intersection or roadway. This improvement's value has not been quantified. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved for form and legality, and requires majority vote for Board approval. It is my understanding that the Developer is requesting this to lower his costs of fill for development of the project. Provided that the County may legally do this (and staffs opinion is that at the very least it is contrary to the GMP), and provided that the County has no present or future need for this capacity, the surplus capacity of the pond can be treated as surplus property, which the County can appropriately sell with the proper public notice. -JAK GROWTH MANAGEMENT IMPACT: Policy 6.3 of the Stormwater Management Sub - Element states that the County may exempt projects from the .15 cfs /acre stonnwater discharge rate limit. Packet Page -540- 4/8/2014 11. D. The BCC's decision on exempting qualifying projects from the discharge rate limit, is in compliance with the GMP. RECOMMENDATION: Staff recommends that the BCC determine that the Orchid Run project does not meet the exemption criteria stated in Policy 6.3 of the Stormwater Managment Sub- Element. Prepared By: Mike Bosi, AICP, Planning and Zoning Director Attachments: Exhibit "A" — Policy 6.3 of the Stormwater Management Sub - Element; Exhibit "B" - February 11. 2014 Applicant Letter and support documents; Exhibit "C" — March 4, 2014 e -mail correspondence; Exhibit "D" — Order of Taking. Packet Page -541- COLLIER COUNTY Board of County Commissioners Item Number: 11.11.D. 4/8/2014 11. D. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to determine that the proposed Orchid Run Apartments project does not satisfy the criteria for exemption to allow for a stormwater discharge rate above the .15 cubic feet per second (CFS) limit expressed in Policy 6.3 of the Stormwater Management Sub - Element of the Growth Management Plan. (Mike Bosi, Planning & Zoning Director) Meeting Date: 4/8/2014 Prepared By Name: BosiMichael Title: Director - Planning and Zoning, Comprehensive Planning 3/11/2014 9:04:02 AM Approved By Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 3/19/2014 2:58:43 PM Name: McKennaJack Title: Manager - Engineering Review Services, Engineering & Environmental Services Date: 3/19/2014 5:00:48 PM Name: WeeksDavid Title: Manager - Planning, Comprehensive Planning Date: 3 /19/2014 10:28:52 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 3/25/2014 2:17:41 PM Name: KlatzkowJeff Title: County Attorney, Date: 3/31 /2014 12:08:56 PM Packet Page -542- Name: KlatzkowJeff Title: County Attorney, Date: 3/31/2014 1:05:06 PM Name: isacksonMark 4/8/2014 11. D. Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 3/31/2014 2:28:09 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 3/31/2014 3:11:04 PM Packet Page -543- 4/8/2014 11. D. EXHIBIT "A" PUBLIC FACILITIES ELEMENT Stormwater Management Sub - Element Policy 6.3: Allowable off -site discharge rates shall be computed using a storm event of 3 day duration and 25 year return frequency. The allowable off -site discharge rates are as follows: a. Airport Road North Sub -Basin 0.04 cfs /acre (North of Vanderbilt Beach Road) b. Airport Road South Sub -basin 0.06 cfs /acre (South of Vanderbilt Beach Road) c. Cocohatchee Canal Basin 0.04 cfs /acre d. Lely Canal Basin 0.06 cfs /acre e. Harvey Basin 0.055 cfs /acre f. Wiggins Pass Basin 0.13 cfs /acre g. All other areas 0.15 cfs /acre (III) The County may exempt projects from these allowable off -site discharge rates if any of the following applies: 1. The project is part of an existing SFWMD permit, which allows discharge rates different than those listed above. 2. It can be documented that the project currently discharges off -site at a rate higher than those listed above. The documentation required for this purpose shall be prepared by a registered professional engineer, and will consist of an engineering study which utilizes the applicable criteria in the " SFWMD Basis of Review for Environmental Resource Permit Applications ". The study shall be subject to review and approval by the County and SFWMD staff. The study shall include the following site - specific information: a. Topography b. Soil types and soil storage volume c. Vegetation types d. Antecedent conditions e. Design rainfall hydrograph f. Depression storage capacity g. Receiving water hydrograph, and (III) h. Other relevant, appropriate, and professionally accepted hydrologic and hydraulic data. Using the above information, a hydrologic and hydraulic model shall be developed which demonstrates the higher off -site discharge rate. Packet Page -544- 4/8/2014 11. D. ROETZEL 850 Park Shore Drive Trianon Centre 3rd Floor !Iaples, Ft 341003- DIRECT DIAL 239.649.2708 PHONE 239.649.6200 FAx 239.261.3659 banderson @ralaw.com WWW.RALAW.COM February 11, 2014 VIA EMAIL: JACKMCKENNA(i_PC0LL1ERG0V NET Jack McKenna, PE Collier County Engineer Collier County Planning & Zoning Dept. Engineering Services Section 2800 North Horseshoe Drive Naples, Florida 34104 Re: Orchid Run Apartments at Livingston/GoIden Gate Parkway Dear Jack: This is to follow up on prior discussions with you on the above project and its drainage discharge. The subject property is part of the Grey Oaks DRI/PUD originally approved in 1990. Section 7.04(10) of the current PUD (attached) delegates approval of any control elevation or discharge rate to agreements between South Florida Water Management District/Big Cypress Basin (collectively the "District ") and the developer. The Orchid Run project proposes to merge with the County's stormwater system serving the adjacent section of Livingston Road. The combined systems would discharge a rate equivalent to the rate currently approved by SFWN4D for Livingston plus the County approved rate of 0.15 CFS for the Orchid Run drainage basin. There is nothing in the GMP or in the County's Ordinance No. 01 -27 which would prohibit the proposed sharing of drainage discharge. Additionally, Policy 6.3 allows the County to expressly exempt this project under Paragraph #2 by adding it to the County's existing District permit, which allows a discharge rate of 54.9 CFS. As per the attached memo, the District has indicated conceptual approval of this proposal. We respectfully request your approval of the proposal outlined above and detailed in the attached Orchid Run memo prepared by Barry Jones, P.E. Approval will benefit both parties as detailed in the attached memo. ROETZEL B ANDRESS CHICAGO WASHINGTON, D.C. CLEVELAND TOLEDO AKRON COLUMBUS CINCINNATI A LEGAL PROFESSIONAL ASSOCIATION ORLANDO FORT MYERS NAPLES FORT LAUDERDALE TALLAHASSEE NEW YORK Packet Page -545- Jack McKenna, PE Collier County Engineer Collier County Planning & Zoning Dept. February 11, 2014 Page 2 Thank you for your prompt attention to this matter. RBA/dk Enclosures cc: Tom Cavanaugh Barry Jones, PE 5021437 _1 124065.0001 Sincerely, ROETZEL & ANDRESS, LPA R. Bruce Anderson For the Firm Packet Page -546- 4/8/2014 11. D. 4/8/2014 11. D. Projects shall be designed and operated so that off -site discharges will meet State water quality standards, as set forth in Chapter 62- 302.300, F.A.C., as it existed at the date of project approval. (1)(11) Policy 6.2: Collier County's retention and detention requirements shall be the same as those provided in the South Florida Water Management District's Basis of Review, as it existed at the time of project approval. (1)(1f) Policy 6.3; Allowable off-site discharge rates shall be computed using a storm event of 3 day duration and 25 year return frequency. The allowable off-site discharge rates are as follows: a Airport Road North Sub -Basin 0.04 cfs /acre (North of Vanderbilt Beach Road) b Airport Road South Sub -basin 0.06 cfs/acre (South of Vanderbilt Beach Road) c. C000hatchee Canal Basin 0.04 cfs /acre d. Lety Canal Basin 0.06 cfs /acre e. Harvey Basin 0.055 cfs /acre f. Wiggins Fuss Basin 0.13 cfs/acre g. Ali other arc ;as 0.15 cfs /acre The County may exempt projects from these allowable off -site discharge rates if any of the following applies: i . Ths project is e;cernpt from allowable off -site discharge limitations pursuant to Section 4G =- 40,3 315, FAC. 2. The project is part of an existing SFWMD permit, which allows discharge rates different than those listed above. 3 It can be documented that the project currently discharges off -site at a rate higher than those listed above. The documentation required for this purpose shall be prepared by a registered professional engineer, and will consist of an engineering study which utilizes the applicable criteria in the "SFWMD Basis of Review for Fnvironrnental Resource Permit Applications ". The study shall be subject to review and approval by the County and SFWMD staff. The study shall include the following site - specific information: a, Topography Soil types and soil storage volume Veceiation types d. Antecedent conditions e. Design rainfall hydrograph €i) = Plan Amendment by Ordinance No. 2007-11 on January 25, 2007 8 Packet Page -547- 4/8/2014 11. D. J � l.� ��t � • i� �' �!1_f , ORDINANCE NO.07- 40 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PUD TO MPUD FOR THE GREY OAKS MPUD FOR PROPERTY LOCATED AT THE NORTHEAST, — NORTHWEST AND SOUTHEAST QUADRANTS OF THE INTERSECTION OF AIRPORT ROAD (STATE ROAD 31) AND GOLDEN GATE PARKWAY (COUNTY ROAD 886), IN SECTIONS 24, 25, AND 26 TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER - COUNTY, FLORIDA, CONSISTING OF 1,601± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 00-46, THE FORMER GREY OARS PUD; AND BY PROVIDING AN EFFECTIVE DATE. VdHEREAS, Bruce Tyson, AICP, RLA, of WiIsonMiIler, Inc., representing Naples Grande Holdings LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classificatioa of the real property described in the MPUD Document located in Sections, 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida, is changed from Planned Unit Development (PUD) to Mixed Use Planned Unit Development (MPUD) in accordance with the MPUD Document, attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Numbar 04-41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. Grey Oaks. PUDA- 2006 -AR- 10157 Page I of2 Packet Page -548- 4/8/2014 11. D. 8) An exotic vegetation eradication, monitoring, and maintenance (exotic free) plan for the site, with emphasis on conservation /preservation areas, shall be submitted to the Environmental Staff for review and approval prior to final site plan /construction plan approval. 9) The developer shall coordinate protected wildlife species issues through the ERP and Corps Section 404.permit review process and comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (FWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) made part of any ERP or Section 404 permit issuance. Where protected species occur on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan /construction plan approval. 7.04 WATER MANAGEMENT 1) Detailed, paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be Issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. 2) In accordance with the Rules of the South Florida Water Management District, (SFWMD) Chapters 40E -4 and 40E -40, this project shall be designed for a storm event of 3 -day duration and 25 -year . return frequency. 3) An excavation permit shall be required for the proposed lake(s) in accordance With applicable County ordinances and SFWMD Rules. Several of the fakes proposed do not meet the minimum setback requirements of County ordinances. The Master Plan shall be revised to meet the minimum setback requirements or documentation shall be provided during the subdivision master plan process to allow a reduction in the setback with appropriate barriers provided. 4) The lake and swale typical cross - sections shall conform to all applicable County ordinances. 5) Detailed site drainage plans of each drainage sub -basin shall be submitted to the Environmental Advisory Board, or its successor, for review. No construction permits shall be Issued unless and until approval of each individual drainage sub - basin is granted by the Engineering Review Services. 6) An executed agreement between the applicant, Big Cypress Basin and the South Florida Water Management District, detailed plans and associated documentation relating to the installation of the new control structure and the relocation of the existing amll gate structure including back pump facilities shall be submitted to Engineering Review Services for review prior to construction plan approval. (Revised 411 1107) 35 Packet Page -549- 4/8/2014 11.D. 7) A copy of the South Florida Water Management District Conceptual Permit or favorable staff report shall be required prior to subdivision master plan approval. 8) A copy of South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval. 9) Documentation from Florida Power and Light allowing use of their right -of -way for the purposes of water management shall be provided prior to subdivision master plan approval. 10) This approval does not constitute agreement by the County to any control elevation or discharge rate. All agreements shall be made with South Florida Water Management District/Sig Cypress Basin, 7.05 TRANSPORTATION 1) The developer shall provide appropriate left and/or right turn lanes on Airport Road, Golden Gate Parkway and Livingston Road at all project accesses. This provision shall be permitted and implemented along with a corresponding site development plan or plat. 2) The developer shall provide arterial level street lighting at all project accesses. This provision shall be permitted and implemented a long with a corresponding site development plan or plat. 3) The developer shall provide a fair share contribution toward the capital cost of traffic signals, including interconnection where applicable, at any project access when deemed warranted by the County. The signals will be owned, operated and maintained by Collier County, 4) Livingston Road Right of Way Dedication: a) The developer shall dedicate sufficient right of way north of Golden Gate Parkway to establish a right -of -way corridor 120 feet in width along the entire length of the developer's property, taking into consideration the existing Livingston Road right -of -way easement. Additional right -of -way within the Florida Power and Light easement may be required subject to approval and releases by Florida Power and Light. The developer shall pay, or may utilize reduction of existing impact fee credits in the amount of $30,000 in full satisfaction of the developer's obligation to reimburse the County for the County's costs in negotiating and obtaining any approval and releases by Florida Power and Light necessary to fulfill the 120 foot right -of -way width requirements. b) The developer shall dedicate 50' feet or road right of `bray south of Golden Gate Parkway along the length of the developer's property. In addition, for a (Revisers' 411 f/07) 36 Packet Page -550- 4/8/2014 11. D. Orchid Run at the southwest corner of Livingston Road and Golden Gate Parkway. It is a remnant parcel from the original Grey Oaks DRI that was reduced in width when the Livingston Road and Golden Gate ROW limits were expanded to their present widths. The property was partially cleared and utilized by the county for hurricane debris storage during the clean -up for Hurricane Wilma. The property is zoned for multi- family and is bounded on the north by Golden Gate Parkway, the east by Livingston Road, the south by Golden Gate Canal, and the west by the Naples Grande Golf Course. The buildable footprint of the 20 acre property is limited to 14 acres in area due to encumbrances created by indigenous preserve requirements and easements dedicated to FPL, Collier County Transportation, Collier County Utilities, and Big Cypress Basin. These perimeter constrictions have combined to create a challenging piece of property to develop that is strategically located at one of the premium intersections in Collier County. One of the primary challenges facing this property is providing for storm water treatment and attenuation. The development team has worked closely with FPL to craft a consent agreement allowing for some water treatment to occur within the FPL easement but the available area is limited in size due to FPL requirements for large diameter clear zones around the base of their transmission lines that dominate the easement. The developer tasked the design engineer to determine what alternatives might be available to meet the SFWMD and Collier County design criteria and not reduce an already limited development footprint. All practical alternatives involved joining Orchid Run with adjacent storm water systems that may have additional capacity. The applicant entered into discussions with Naples Grande Golf Course but the new owner of that property did not want to entertain any joint use of their pond systems. The only remaining adjacent storm water system is that of Livingston Road. Livingston Road The six lane section of Livingston Road that abuts Orchid Run has a drainage system that extends from the Golden Gate Canal north to a basin divide approximately 7800 feet north of Golden Gate Parkway. This system also collects storm water runoff from approximately 1200 feet of the six lane section of Golden Gate Parkway on both sides of the intersection, 24.8 acres of residential property that abuts Livingston on the east side for 3200 feet north of Golden Gate, and the overflow from the FPL substation at the NW corner off Livingston and Golden Gate. The entire drainage basin routed through the pond included 28.4 acres of ROW and 25+ acres of offsite drainage to be collected into the roadway system that is subsequently routed through an outfall structure and then south to Golden Gate Canal in a single 42" diameter pipe. The SFWMD permitted design for the Livingston Road drainage system reflected a proposed 2 acre pond site. Subsequent to the SFWMD permit being issued the entire 5 acre parcel at the SE corner of Livingston and Golden Gate was acquired by Collier County and a 4 acre pond site was constructed on the property. The permitted peak tailwater elevation for the project was set at a mean annual elevation of 6.2 NGVD in the calculations that were submitted to and approved by SFWMD. That peak tailwater elevation was determined at the time of permitting to be the annual high water elevation of Golden Gate Canal at the location that the Livingston Road drainage system discharges to. The permitted design Packet Page -551- 4/8/2014 11. D. allowed the Livingston Road system to discharge 54.9 cubic feet per second of water to Golden Gate Canal during the 25 year, 3 day storm event. Current SFWMD and Collier County design criteria requires any system to use a 25 year, 3 day storm event to determine the peak elevation of the receiving body (Golden Gate Canal) instead of a mean annual elevation. The 25 year, 3 day event raises the Golden Gate Canal to an elevation of 9.0 based on the current modeling provided by the staff at Big Cypress Basin. Hydraulic modeling of the Livingston Road drainage system utilizing the updated peak tailwater elevation of 9.0 determined that this higher peak tailwater elevation would prevent the Livingston Road drainage system from achieving its permitted discharge rate of 54.9 cfs without the pond reaching elevations higher than the elevations it was designed to accommodate. Alternative Solutions When it was determined that there were inconsistencies between the originally permitted conditions for the Livingston Road system and the current permit criteria and the as -built pond, the applicant contacted the County to work together to identify an engineering solution that would allow the proposed Orchid Run development to partner with Collier County in a win -win scenario that would help facilitate the development of the property and update the county design to meet the current permit criteria while maintaining their permitted discharge rate and not exceed the permitted peak elevation of the pond. The optimal scenario identified by the team after examining many potential solutions would modify the Livingston Road permit to reflect the true peak tailwater condition and the as -built pond while providing a secondary outfall through Orchid Run. This proposed design would allow the combined drainage system to achieve the permitted rate of discharge for Livingston Road plus the 0.15 cfs per acre allowable for Orchid Run. This proposed combined system design was discussed with SFWMD staff at Big Cypress Basin and with the administrator of the Lower West Coast branch office in Ft. Myers and was determined to be an acceptable design scenario that would not be objectionable upon submission of the appropriate documentation and applications. Under the proposed design, the Orchid Run project would retain a volume of water to satisfy the nutrient removal requirement and meet the water quality treatment before allowing water to flow through the county pond during normal wet season events including the 1, 3, and 5 year, 24 hour storm events. The more intense 25 year, 3 day storm event would result in a combined discharge equal to the originally permitted discharge rate plus the Orchid Run allowance of 0.15 cfs /acre. The proposed improvements would result in the Livingston Road drainage system reaching a peak elevation consistent with what was originally permitted even though the peak tailwater elevation was raised by 2.8 feet. During the peak of the 25 year, 3 day storm event, the Livingston Road drainage system would direct approximately 27 cfs, or 12,000 gallons per minute, through the Orchid Run drainage system before it would outfall through the Orchid Run control structure to Golden Gate Canal. The combined systems would discharge from the existing county pond and from a second outfall structure located at the southwest corner of the Orchid Run property. This design would essentially equalize the total permitted discharges across two different outfall structures and provide a redundancy safety factor in the event that either of the structures were blocked or outfall pipes became occluded with debris. Packet Page -552- 4/8/2014 11. D. An alternate design that would allow the Livingston Road system to achieve its permitted discharge rate and keep its peak elevation beneath the originally permitted high water elevation would be to construct a parallel 42" pipe to Golden Gate Canal and connect it to the existing outfall structure from the county pond. Both designs would result in approximately the same discharge rates and peak elevations for the combined systems. It was determined that this mould be a more disruptive, more expensive, and less effective solution than routing some of the total discharge through a second outfall structure located at the south end of the Orchid Run project. The developer is prepared to incur the hard and soft costs associated with designing, permitting, and constructing the proposed improvements. These improvements will benefit the county by allowing for a secondary outfall path, lowering the peak stage of the Livingston Road drainage system, and updating the SFWMD permit to comply with existing permit criteria and the current hydraulic models for the Golden Gate Canal. The combined system approach will benefit the developer by reducing the high water elevation for the project during the 25 year, 3 day storm event. Packet Page -553- MATCH LINE SEE BOTTOM VIEW fY r i ■ ■ ; n x '"' < 1 ■ ■ ■ mm v Syr" DO- c �' �ppFN � ■ � t .: ■ . a�. .. z f p ■ i -� �, ■ O � f ■ "r V: ■ a a p a s ■ r . e e ■ � � p 1 �. a ^'r c I= ■ (�5 ■ u 9.....r.�..r........rr/ R`c.......8 .....® .. -ter— GO LO h GAPE PAgY6dA!' (CPo 636), z15 yiJ,; u ■ 7+4.JP 1 ,r0 -BSS- DSed I@Ped 0 �2 1 - ® 0a. e 00 > o Or'- � •�i �j � ® � O S) U B q is Ir r " " ;' l E xr �#'- �° R o R ? -BSS- DSed I@Ped r� r- IL Q =V lC FJQ- O_ O!i CL W 0 e a (L �m Z �p �E 8liy � y� 0� o® PO4 Al eN r " a S ., fi:. �y._u� a- +•+r 4 .+nom �. " r.•y-``4 "Cv�f°.� arc , _s ■ r �,. • s ° 7 p ° ° e ■ e e e ° *s ° e a _ � p ° e p R c v a e e ° 6 0 e 7 � e e rp e ° ■ ® e ° R � ■ o e � . ■ z ■ p ■ . a p e a x o a B � e a f b e s p C ■ e p R e e n 7 1 p - ® s p • ® s a � p p t ® e R � ° e ■ MATCH LINE SEE TOP VIEW a r� r- IL Q =V lC FJQ- O_ O!i CL W 0 e a (L �m Z �p �E 8liy � y� 0� o® PO4 Exhibit `c BosiMichael 4/8/2014 11. D. From: Anderson, Bruce [BAnderson @ralaw.com] Sent: Monday, March 10, 2014 2:42 PM To: BosiMichael; WeeksDavid Subject: FVV: Urchid Run p s: Drainage Discharge Rate Exemption Attachments: SKMBT_C45214030316200.pdf.pdf; 0784_ 20140224 _13512943308_OOOO.pdf.pdf.pdf FYI. These 3 staff members are the last ones I met with. Thanks From: Anderson, Bruce Finailto:BAnderson(cbralaw.com] Sent: Tuesday, March 04, 2014 12:30 PM To: Mark Strain; Heidi Ashton -Cicko (HeidiAshton(cbcolliergov.net); Jack McKenna Subject: Orchid Run Apts: Drainage Discharge Rate Exemption Hello Heidi, Mark & Jack, My statement below is incorrect. The SFWMD permit I should have been referencing is for Livingston Road, not for Grey Oaks. A copy of The County's written approval of their own drainage discharge variance for Livingston Road that was provided to SFWMD to gain its approval is attached. It is very interesting that the sole ground the County used to approve its own variance was that it "will not create undue hardship on the abutting property owners ". It is our position that my client's project qualifies for exemption #2 under Policy 6.3 of the GMP Drainage Sub - element because the variance was approved a year before the Order of Taking (attached) of a fee simple interest from the abutting parent parcel, and the taking of a non - exclusive slope, utility and maintenance easement by the County for Livingston Road, which easement remains on my client's property. At the time the County variance and SFWMD permit were issued for the future Livingston Road, all of the west 100 feet of the Livingston Road was then under one ownership and part of my client's parent parcel. The County only has a 25 foot wide non - exclusive easement on my client's parent parcel. Since the Livingston Road easement area remains as a part my client's property and is covered by the variance, and since at the time of approval of the variance and SFWMD permit it was all one property, the parent parcel which is subject to the easement is covered for the exemption by the Livingston Road project variance, which clearly allowed a discharge rate greater than 0.15 cfs /acre. There is other precedent for sharing of the approved discharge rate in this location, as in the case of the FPL facility on the N/W corner of Livingston /GDlden Gate Parkway which the County allowed to connect. It is not clear whether FPL even had the same history of common title, and easement under current title, that serve as the basis for approval of my client's request. We ask that you allo.: the developer to proceed based upon the variance and SFWMD approval exemption. Please feel free to contact me if you have any questions. Thank You, Bruce From: Anderson, Bruce f_mailto:BAnderson(airalaw.coml Sent: 111onday, February 24, 2014 2:48 PM To: Mark Strain CCPC Subject: SF%NMD Permit for Grey Oaks One additional follow up info item. The client's engineer checked and the SFWMD permit was issued in June 1997. The Order of Taking is dated July 1998. R. Bruce Anderson ROETZEL Packet Page -555- 4/8/2014 11. D. Roetzel & Andress, L.P.A. 850 Park Shore Drive Naples; Florida 34103 Telephone 239 649 2708 Facsimile 239 261 3659 Both R B•.ice Anderson and Roctzcl & Andress .tend tliat this mesa ?c be used exclusively by the addressccts). i!iis rn -sa'c :nat- contain information trat is privileeed. confidential and exempt frrim disclosure under upplicaible lavr. C!nautiiar zed diSCIOSUre or use of this informati -on is strictly prohibited. If you have received this comall-ication in error_ please permanently dispose of the original messane and notify R Bruce Anderson immcdia ±eh- a (2-9) 649-270S. Thank You. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or (2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. Packet Page -556- 4/8/2014 11. D. $p Exhibit "D•, TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, i Petitioner, vs. McALPINE BRIARWOOD, INC., a Florida corporation, Respondents. CASE NO. 98 - 1635 CA CIVIL ACTION PARCELS: 137 & 937 STIPULATED ORDER OF TAKING THIS CAUSE coming on to be heard by this Court upon joint motion of Petitioner, COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, together with Respondents, HALSTATT PARTNERSHIP; a Florida general partnership; EDITH COLLIER SPROUL TRUST; JULIET C. SPROUL, TRUSTEE; LLOYD G. HENDRY, TRUSTEE; HAROLD S. LYNTON, TRUSTEE; EDITH COLLIER SPROUL, TRUSTEE; LAMAR GABLE, and it appearing that proper notice was given to all persons having or clainvng any equity, lien, title, or other interest in or to the real property described as parcels 137 & 937 in the Petition in Eminent Domain, and the Court being fully advised to the premises, it is therefore, hereof. ORDERED and ADJUDGED that: 1. This Court has jurisdiction of this cause, the parties hereto and the subject matter 2. The Petition in Eminent Domain in this cause is sufficient and the Petitioner is property exercising its delegated authority to acquire parcels 137 & 937. Dat 7 az ,� 9.f Clwk of l� aY __.D Packet Page -557- o ri c. a 4/8/2014 11. D. W 1W 3. That the property is being acquired for a public purpose. 4. That the taking of this property is reasonably necessary to serve the public purpose for which the property is being acquired. 5. Thal Respondents, HALSTATT PARTNERSHIP; a Florida general partnership; EDITH COLLIER SPROUL TRUST; JULIET C. SPROUL, TRUSTEE; LLOYD G. HENDRY, TRUSTEE; HAROLD S. LYNTON, TRUSTEE; EDITH COLLIER SPROUL, TRUSTEE; LAMAR GABLE, are the owners of parcels 137 dt 937 described in " attached hereto and made a part hereof. 6. That the Estimate of Value filed in this cause by Petitioner was made in good faith and based upon a valid appraisal. 7. Upon the payment of the Estimate of Value as contained in the Declaration of Taking, hereinafter specified into the Registry of this Court, the right, title or intaest descnbcd in Exhibiit__AA attached hereto and made a part hereof by reference shalt vest in Petitioner, COLLIER COUNTY, FLORIDA. S. Within twenty days (20) of this order, Petitioner shall deposit into the Court Registry the amount of Two Hundred Thirteen Thousand Seven Hundred Fifty and No/100 Dollars (S213,750.00) as the good faith estimate of value as set forth in Petitioner's Declaration ; of Taking. DONE AND ORDERED in Chambers at Napier, CoUier County, Florida, on this day of July, 1998. Circuit Court Judge C X13 3 f 5 k i'" ' d .j�.. 2 AAA, lam! Packet Page -558 4/8/2014 11. D. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnisbed by United States Mail to Andrew G. Siket, Esquire, Kelly, Prim Passidomo & Siket, 2540 Golden j Gate Parkway, Suite 315, Naples, Florida 34105; First Union National Bank of Florida, 5801 Tamiami Trail, Naples, Florida 34112; Avatar f/k/a Gulf American Land Corporation, clo Juanita I. Kerrigan, Registered Agent, 255 Alhambra Circle, Coral Gables, Florida 33134; Kenneth B. Cuyler, Esquire, City of Naples, 735 Eighth Street South, Naples, Florida 34102- 6795; Rodney Wade, Esquire, Assistant County Attorney. Collier County Attonxys Office, 3301 Erse Tamiarni Trail, Napks,, Florida 341124902 and Joe W. Fizek Esquire, Fad & j Maguire; 211 South Gadsden Street, Tallahassee, Florida 32301, on this day of July, 1498. I Judicial Assistsnt/Attorney ��1 is a'1•� L 1Ls••� s' .4t COMES NOW, Petitio=, COT I -T 1ER COUNTY, FLORIDA, together with Rat. HALSTATT PARTNEERSFEP; a Florida ganral partnaship; IDifH COLLIER SPROUL TRUST; JULIET C. SPROUL, TRUSTEE; LLOYD G. HENDRY, TRUSTEE; HAROLD S. LYN70N, TRUSTEE; EDP CO►.l-TER SPROLI , TRUSTEE; LAMAR GABLE, w hoot waiving any rights and respectfi • move for the entry of the foregoing Stipulated Order of Taking. 3 Packet Page -559- DATED this �day of July, 1998. Andrew G. Siket, Esquire Florida Bar #779415 KELLY, PRICE, PASSIDOMO & SIFT 2640 Golden Gate Parkway Suite 315 Naples, Florida 34105 Telephone: (941) 261 -3453 Facsimile: (941) 261 -5711 Attorneys for Respondent J e . Fixel, Esquire 9nMAGUME ar #0192026 211 South Gadsden Street Tallahassee, Florida 32301 Telephone: (850) 681 -1800 Facsimile (850) 681 -9017 and Rodney Wade, Esquire Florida Bar 4374091 Assistant County Attorney Collier County Attorney's Office 3301 East Tamiatni Trail Maples, Florida 34112-4902 Telephone: (941) 774 -8400 Facsimile: (941) 774 -0225 Attorneys for Petitioner 4 Packet Page -560- 4/8/2014 11. D. 4/8/2014 11. D. w u D 1 OFFICE OF CAPITAL_ PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 PROJECT NO re 001'i PROJECT PARCEL NO. /37 iTAX PARCEL NO. 00267080004 !GAL DESCRIPTION (JOT A SURVEY) Ifee simple title BEGIN AT THE POINT OF WMRSECTION OF TIIE SOUTH RIGHT OF WAY LINE OF GOLDEN GATE PARKWAY AND THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY,FLORMA; THENCE SOU7110 DEGREES 22 MINUTES 13 SECONDS EAST ALONG THE EAST LINE OF SAID SECTION 25, A DISTANCE OF 2131.46 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 25; 77-MNCE SOUTH 89 DEGREES 37 MINITfES 01 SECOND WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 0 DEOREF_S 02 MINUTES 18 SECONDS WEST, A DISTANCE OF 160.00 FEETTO THE NORTH LINE o OF A 160 FOOT CANAL EASEMENT ; THENCE CONTINUING NORTH ALONG SAID LINE, A DISTANCE QF 20AS FEET; THENCE SOUTH 89 DEGREES SS MINUTES 45 SECONDS EAST, A DISTANCE OF 5,56 FEET, THENCE NORTH 0 DEGREES 22 ^' w. MINUTES 13 SECONDS WEST, A DISTANCE OF 96.61 FEET TO THE POINT OF .cam CURVATURE OF A TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF b 6905.46 FEET AND A CENTRAL ANGLE OF 6 DEGREES 44 MINUTES 44 SECONDS; THENCE NORTH ALONG SAID CURVE, A DISTANCE OF 812.99 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 6905.46 FEET, A CENTRAL ANGLE OF 6 DEGREES 44 MINUTES 44 SECONDS, .~A AND A CHORD OF 812.52 FEET BEARING NORTH 3 DEGREES 44 MTNUTES 35 SECONDS WEST; THENCE NORTH ALONG SAID CURVE, A DISTANCE OF 812.99 FEET; THENCE NORTH 0 DECREES 22 MINUTES 13 SECONDS WEST, A DISTANCE OF 132.43 FEET; THENCE NORTH 45 DEGREES 16 MINUTES 00 SECONDS WEST, A DISTANCE Of 34.49 FEET. THENCE SOUTH 89 DEGREES 30 MINUTES IS SECONDS . WEST, A DISTANCE OF 700.71 FEET, THENCE NORTH 0 DEGREES 29 MINUTES 42 SECONDS WEST, A DISTANCE OF 40.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF GOLDEN GATE PARKWAY; THENCE NORTH 89 DEGREES 30 MINUTES I3 SECONDS EAST, A DISTANCE OF 859.44 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 140,313 SQUARE FEET (1.22 ACRES), MORE OR LESS. BASIS OF BEARINGS IS THE EAST LINE OF SAID SECTION 2S BEING SOUTH 00 DEGREES 22 MINUTES 13 SECONDS EAST. GE RICHMOND DATE. OFESSIONAL LAND SURVEYOR 12406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3301 E TAMIAMI TRAIL NAPLES, FLORIDA 33962 Packet Page -561- 8 B 1 137 4/8/2014 11.D. i OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 33962 S.a9'S5'45'E 5.56' SKETCH OF DESCRIPTION VW0102'11M. East iho Southeast zaa5' auortc S. L 25. P.D.B. N Ol7UZ'18'1K ' Tr. 49 S., RM 25 E _ GOLDEN GATE PARKWAY _ PARCEL 137 ` —^ N.89'30'ta'E. 859.44' — _ i 2) P.O.B. Indicates Point of Beginning —� S.a9'30'16'W. 700.71' 3) Sec: Indicates Section N.00 29'42'w. N.4516'00'1Y. Seuthoost Corn« Sec 25, Twp, 49 S., 5) Rge. Indicates Range 40.00' 84.49' 6) R/W Indicates Right -of -way 7) Ali distances are In feet and decImals thereof N.002z'13'w. 8) Basis of Bearings Is the East line of said Section 11243' i Curve number t seat of the professional land surveyor Rndlus � 6905.46' 0Ak111t 6r c CMM W. , G ■ 06.44'44' d ME No.! Arc w 812,99' NOT TO 10_14 -96 PR -137 Chord i 812.52' er.Ai f Chord Brp. N43'44'33'v. Curve nunber 2 . C -2 Redlvs . 6905.46' t 06'4444' _. Arc - 812.99' Chord e12.52' Chord Erg. N.03'44'3S'V, ' ¢ .tom r w n N n w a, "c1 C.7 W W� w O j .b Z $ rn 0 O C -1 U 96.61' S.a9'S5'45'E 5.56' VW0102'11M. East iho Southeast zaa5' auortc S. L 25. N Ol7UZ'18'1K ' Tr. 49 S., RM 25 E 160.00' GENERAL NOTES �t6o —^ cANUeAS»tENr 1) P,O.C. Indicates Point of Commencement 2) P.O.B. Indicates Point of Beginning —� _ -- 3) Sec: Indicates Section 4) Tx Indicates Township Sa9a7o1'1x P caes ownsF 10.00 Seuthoost Corn« Sec 25, Twp, 49 S., 5) Rge. Indicates Range Rye, 25 E 6) R/W Indicates Right -of -way 7) Ali distances are In feet and decImals thereof 8) Basis of Bearings Is the East line of said Section 2S being S.00.22'13'E. 9) Not valid unless signed and sealed with the embossed seat of the professional land surveyor THIS IS ONLY A SKETCH 0Ak111t 6r c CMM W. , SCAL& OAT[: ME No.! NOT TO 10_14 -96 PR -137 SHEET 2 OF 2 er.Ai f Packet Page -562- 4/8/2014 11. D. .9 8 8 1 k - - _ OFFICE_ OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 PROJECT NO. 640 6 / PROJECT PARCEL N6. 937 TAX PARCEL NO. slope, utility b maintenance easement COMMENCW G AT THE POINT OF INTERSECTION O—r nM EAST LINE OF SECTION 25 TOWNSHIP 49 SOUTH RANGE 25 EAST AND THE SOUTH RIGHT OF WAY LINE OF GC{.DEN GATE PARKWAY. THENCE SOUTH 0 DEGREES 22 MINUTE& 13 SECONDS EAST ALONG SAID EAST LINE OF SECTION 25 A DISTANCE OF 232.63 FEET. THENCE SOUTH 89 DEGREES 37 MINUTES 47 SECONDS WEST, A DISTANCE OF 99.00 FEET TO THE WEST RIGHT OF WAY LINE OF LIVINGSTON ROAD AND THE POINT OF BEGINNING; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 6905.46 FEET, A CENTRAL ANGLE OF 6 DEGREES 44 MINUTES 44 SECONDS, AND A CHORD OF 812.52 FEET BEARING SOUTH 3 nEGREES 44 MINUTES 35 SECONDS EAST; THENCE SOUTH ALONG SAID CURVE AND SAID WEST RIGHT OF WAY LINE A DISTANCE OF 812.99 FEET TO 771E POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 6905.46 FEET, A CENTRAL ANGLE OF 6 DEGREES 44 MINUTES 44 SECONDS, AND A CHORD OF 812.52 FEET BEARING SOUTH 3 DEGREES 44 MINUTES 35 SECONDS EAST; THENCE SOUTH ALONG SAID CURVE. A DISTANCE OF 812.99 FEET; THENCE SOUTH 0 DEGREES 22 MINUTES 13 SECONDS EAST. A DISTANCE OF 96.61 FEET; THENCE NORTH 89 DEGREES 55 MINUTES 45 SECONDS WEST, A DISTANCE OF 5.56 FEET; THENCE SOUTH 0 DEGREES 02 MINUTES 19 SECONDS EAST, A DISTANCE OF 20.05 FEET, THENCE LEAVING SAID WEST RIGHT OF WAY LINE SOUTH 89 DEGREES 37 NITNUTES 32 SECONDS WEST, A DISTANCE OF 19.32 FEET; THENCE NORTH 0 DEGREES 22 MINUTES 13 SECONDS WEST, A DISTANCE OF 49.12 FEET; THENCE NORTH 4 DEGREES 07 MINUTES 04 SECONDS EAST, A DISTANCE OF 124.76 FEET TO THE POINT OF CURVATURE OF A NON - TANGENT CURVE, CONCAVE TO THE WEST. HAVING A RADIUS OF 6890.46 FEET. A CENTRAL ANGLE OF 6 DEGREES 16 MINUTES 21 SECONDS, AND A CHORD OF 751.96 FEET BEARING NORTH 3 DEGREES 58 MINU7ES 47 SECONDS WEST; THENCE NORTH ALONG SAID CURVE, A DISTANCE OF 754.34 FEETTO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVETO THE EAST, IIAVTNG A RADIUS OF 6921,.46 FEET, A CENTRAL t ANGLE OF 6 DEGREES 44 MINUTES 44 SECONDS, AND A CHORD OF 914.28 FEET HEARING NORTH'S DEGREES 44 MINUTES 35 SECONDS WEST; THENCE NORTH ALONG SAID CURVE, A DISTANCE OF 814.75 FEET; TITENCE NORTH 0 DEGREES 22 MINUTES 13 SECONDS WEST, A DISTANCE OF 147.48 FEET; THENCE SOUTH 45 DEGREES 16 MINUTES 00 SECONDS EAST, A DISTANCE.OF 21.25 FEET TO THE AFORESAID WEST RIGHT OF WAY LINE OF LTVTriGSTON ROAD; THENCE SOUTH 0 DEGREES 22 MINUTES 13 SECONDS EASI'ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 132.43 FEETTOTmE POTN'T OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.671 ACRE (29,248 SQUAP.E FEET), MORE OR LESS. BASIS OF BEARINGS IS 171E EAST LINE OF AFORESAID SECTION 25 BEING SOUTH 00 DEGREES 22 MINUTES U SECONDS EAST. 0 n.a .s. .a. v+ G7 gy_ E- GE t M DATE: '• �-` P 6FESS16NAL LAND SURVEYOR J2406 ' OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3301 E TAMIAMI TRAIL NAPLES, FLORIDA 33962 • i Packet Page -563- 4/8/2014 11. D. � r 937. _ 4' OFFICE OF CAPITAL PROJECTS 3301 EAST T-AWAMI TRAIL NAPLES, Ft0RID1'\ 33962 (813) 774 -8192 4D.00' Curve number 1 Radlus 6905.46' A 06'44'44' Arc 012.99' Chord • 812.52' Chord 9rg. N.03'44.35 -W. Curve number 2 Radlus •6905.46' A ■ 06'44'44' Arc • 812.99' Chord • 91252' Chord Bra. N.03'44'33'14. ' Curve number -3_ Radius • 692046' G • 06.44'44' Arc 814.75' Chord ■ 81428' Chord Brp. N.03'44'35'W. Curve number 4 - --- ----- - - - - -- Radk.s • 6890.46' � •06'16'21' Arc • 754.34' Chord • 753.96' Chord Br% N.03'59.47'W. SKETCH OF - DESCRIPTION 0 ,n _ . GOLDEN WTE PARKWAY 124.76' N.89'30'18 "E• 859.44' .— S.893018'W. 700.71' •F N.4516.00'Y 96.6t' 56.15' 21 7ct N.0022'13" 5.36' 147.48' N.0072'13' East line .Seulheesl 132.45 437 P.a.C, PARCEL 837 n io W n H S.D9'37'47'W. 99.00' J W U A a N.04'07'04'r- s4• 124.76' 1 U U N.0022.13'W. •F 96.6t' Q 589755'45 "E 7ct 5.36' N.00'02'16'W. East line .Seulheesl r Q 4 n n N ••v ry W p, W N GENERAL NOTES /% X160' CANAL EASEMENT w 1) P.O.C. indicates Paint of Commencement n < Z I-- 2) P.O.B. Indicates Point of Beginning _ _ — — — — —� — — — - 2) Sec. indicates Section 4) Twp. Indicates. Township $ Li +� C -1 ^ a4 6) R/W Indicates Right -of -way O C -4— U 8) Basis of Bearings Is the East line of said Section N.04'07'04'r- 124.76' N.0022.13'W. 96.6t' 589755'45 "E 5.36' N.00'02'16'W. East line .Seulheesl 20.05' Quarter Sect. 25. N.D022'13 -* TvP. 49 S., RqL 25 49.12' GENERAL NOTES /% X160' CANAL EASEMENT S.89,37'32'W. " 1) P.O.C. indicates Paint of Commencement 19.SY 2) P.O.B. Indicates Point of Beginning _ _ — — — — —� — — — - 2) Sec. indicates Section 4) Twp. Indicates. Township SSm 25. Comer 4 S.. 5) Rge. Indicates Range Rya. 25 E 6) R/W Indicates Right -of -way 7) All distances are in feet and decimals thereof 8) Basis of Bearings Is the East line of said Section 25 being S.00'22'13'E. 9) Not valid unless signed and sealed with the embossed seal of the professional land surveyor THIS IS ONLY A SKETCH Ot14a11 BY cmccKEO or scut N4T TO a41c IFXCMO. SHEET 2 OF 2 SOT I r t2 -t7 -9G PR -837 Packet Page -564-