Agenda 07/08/2014 Item #16A317/8/2014 16.A.31.
EXECUTIVE SUMMARY
Recommendation to recognize the commitment of the prepayment of road impact fees in the
Agreement by and between Gateway Shoppes II, LLC, Wal -Mart Stores East, L.P., and WCI
Communities, Inc. and The Board of County Commissioners of Collier County, Florida as recorded
in O.R. Book 3859, Page 3211 and to issue a Certificate of Public Facility Adequacy (COA) in
perpetuity for the outpai•cels remaining to be completed in the development.
OBJECTIVE: To recognize that Wal -Mart Stores East (Developer) has paid sufficient funds to
meet the current COA requirement needed to achieve a COA in perpetuity based upon
modifications to the Consolidated Impact Fee Ordinance.
CONSIDERATIONS: The BCC approved a Developer Agreement which was recorded in
Official Records Book 3859, Page 3211 on August 4, 2005. The Agreement also identified a
specific dollar commitment based on values from a fee schedule adopted at that time. After
receipt of the initial payment of 50% of the estimated transportation impact fees, the Developer
was issued a three year temporary COA with an expiration date of March 30, 2006. The
remaining 50% due by March 30, 2009 in order to extend the COA was not paid and the COA
expired.
On June 14, 2011, the Board adopted Ordinance No. 2011 -20, which amended the Consolidated
Impact Fee Ordinance to provide that a COA in perpetuity will be issued upon the payment of
thirty-three percent of the estimated road impact fees.
The Developers advanced payment of road impact fees in the amount of $313,018.50 surpasses
33% of the estimated road impact fees based on current rates (Estimated at $642,655.86).
Issuance of a COA in perpetuity will not relieve the Developer from its respective obligation to
pay any additional road impact fees that may be due at building pen-nit.
FISCAL IMPACT: Road impact fees previously collected through the Agreement amount to
$313,018.50 which surpasses 33% of the estimated road impact fees based on current rates.
There is no fiscal impact fee associated with this Executive Summary
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, with
staffs approach having been recommended by the County Attorney. Because the requirement to
provide a COA in perpetuity has changed to payment of 33% of the estimated road impact fees,
the Developer's commitment to prepay estimated transportation impact fees has been fulfilled.
Accordingly, this item is legally sufficient, requiring majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners recognizes the Developer
has paid sufficient funds to meet the current COA requirement and directs the County Manager
or designee to issue a COA in perpetuity.
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7/8/2014 16.A.31.
Prepared By: Nick Casalanguida, Administrator, Growth Management Division
Attachment: Developer Contribution Agreement
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7/8/2014 16.A.31.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.31.
Item Summary: Recommendation to recognize the commitment of the prepayment of
road impact fees in the Agreement by and between Gateway Shoppes II, LLC, Wal -Mart Stores
East, L.P., and WCI Communities, Inc. and The Board of County Commissioners of Collier
County, Florida as recorded in O.R. Book 3859, Page 3211 and to issue a Certificate of Public
Facility Adequacy (COA) in perpetuity for the outparcels remaining to be completed in the
development.
Meeting Date: 7/8/2014
Prepared By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
6/27/2014 3:56:36 PM
Submitted by
Title: Administrator - Growth Management Div, Business Ma
Name: CasalanguidaNick
6/27/2014 3:56:37 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 6/27/2014 4:17:08 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 6/27/2014 4:35:14 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 6/30/2014 9:09:59 AM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 6/30/2014 10:24:07 AM
7/8/2014 16.A.31.
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 6/30/2014 3:34:47 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 7/1/2014 2:57:35 PM
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Retn: 3671824 OR: 3859 PG: 3211 7/8/2014 16.A.31.
C1111 t0 TU low HCORDID in the OFFICIAL RECORDS of COLLIER C001", FL I1C 111 131.50
IN110FFIel 4i8 11001 08/0412005 at 08:45M DIN U I. 110CI, CLIH
R! 1249
AGREEMENT
THIS AGREEMENT ( "Agreement ") is made and entered into this zIof June, 2005
(the "Effective Date "), by and between GATEWAY SHOPPES 11, LLC, an Indiana limited
liability company (hereinafter referred to as the "Gateway "), WAL -MART STORES EAST,
L.P., a Delaware limited partnership (hereinafter referred to as "Wal- Mart"), RIMAR, INC., a
Florida corporation, and WCI COMMUNITIES, INC., a Delaware corporation ( "WCr,)
(Gateway, Wal -Mart, Rimar, and WCI are referred to collectively hereinafter as "Developers "),
and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS
THE GOVERNING BODY OF COLLIER COUNTY (hereinafter referred to as "County ").
RECITALS:
WHEREAS, Gateway owns certain lands described in Exhibit "A" (hereinafter referred
to as the "Gateway Parcel ") attached hereto and incorporated herein by referenced; and
WHEREAS, Gateway has a contract to sell the Gateway Parcel to Wal -Mart; and
WHEREAS, WaI -Mart is p 0��
o s for development of the Gateway
Parcel, referred to by the County 550 1 (the" Development "); and
WHEREAS, WCI h# a 0n1 o purch'� certain an described in Exhibit "B"
hereto hereinafter referred tq(as ek; ; Is
WHEREAS, WCI is s 'n i ee e plan f r opment of the WCI Parcel,
referred to by the County as ` n t `W ev ent "); and
C�
WHEREAS, Rimar o rtain lands desc ibit "C" hereto (the " Rimar
Parcel "); and
WHEREAS, Rimar is process plans for the development of 483
residential units on the Rimar Parcel (the " Rimar Development "); and
WHEREAS, the Wal -Mart Parcel, WCI Parcel, and Rimar Parcel all access Collier
Boulevard (S.R. 951); and
WHEREAS, the Wal -Mart Parcel, WCI Parcel, and Rimar Parcel produce the PM peak
hour direction trips as outlined in Exhibit "D "; and
WHEREAS, County has represented that due to the level of service on S.R. 951, that
without improving the intersection of U.S. 41 — S.R. 951 and improving the roadways to the
north and south for a distance to be determined by a design engineer and as approved by the
County Transportation division and approximately shown on Exhibit "E" hereto (the "Project "),
the Wal -Mart Development, a portion of the WCI Development, and the Rimar Development do
not satisfy concunency requirements; and
Page I of 11
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OR: 3859 PG: niz
WHEREAS, to create ooncurrency for their respective developments, Developers have
agreed to design, permit and construct the Project; and
WHEREAS, prior to committing to undertake these efforts, Developers would tike
assurance that County will reserve sufficient road opacity for these three developments, which
County is willing to do; and
WHEREAS, Developers and County respectively acknowledge and represent that each
has the full power and authority to enter into this Agreement; and
WHEREAS, the road Project will create traffic capacity in excess of the number of trips
which will be used by Gateway, Wal -Mart, WCI and Rimar in their developments; and
WHEREAS, Wal -Mart, Gateway, WCI and Rimar are currently in line to utilize any trips
created for Collier Boulevard (SAL 951), whether said trips arc created as a result of the Project
or otherwise; and
WHEREAS, at this point in - tri ps for residential units within the
WCI Development; and G0� -`��
WHEREAS, after
Board finds that entering iv
NOW, THEREFO BUn—s ideraion oT-
consideration exchanged :s the parties, and i
herein, the parties agree as fo;
1. All of the above I
incorporated herein by reference as
made a part of this Agreement.
County Commissioners, the
A other good and valuable
of the covenants corntained
irrect and are hereby expressly
all Exhibits referenced herein are
2. Gateway or Wal -Mart, and WCI and Rimar, consistent with the requirements of
all applicable laws and regulations, at their sole cost and expense, will design, obtain the permits
for, and construct the Project. Construction within S.R- 951 will be programmed to start no
culier than April 1, 2006 and be substantially completed by October 31, 2006. For purposes of
this Agreement, the term "substantially complete' shall be deemed satisfied if the through lanes
contemplated in this Project are open for traffic. Developers will provide prompt written
updates as to the status of the Project following written request by County Transportation staff.
3. County agrees to fully cooperate with and reasonably assist Developers with
respect to the issuance of any permits required to be issued by the County to permit the design
and construction of the Project, and will Promptly process any County permits necessary for the
design and construction of the Project. County will be a co- applicant on any State or Federal
permit application.
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OR: 3859 PG: 3213
4. To ensure completion of the Project, Developers, within thirty days of the
Effective Date, will collectively post one or more letters) of credit suitable to County with
County in the tatal amount of $1,650,000.00. The County will release the letter of credit back to
the entity(ies) that posted the letter of credit upon the completion of the construction of the
Project, or upon termination of this Agreement (with said release due to termination governed by
the terms of paragraph 18 of this Agreement). If Wal -Mart posts a letter of credit under this
provision, the County agrees that Gateway can post a letter of credit to replace the Wal -Mart
letter of credit, in which event the Wal -Mart letter of credit will be released back to Wal-Mart. If
County calls upon any of the Letter(s) of Credit to complete the Project, County will return any
unused portion of the Latter(s) of Credit to the entity that posted the letter of credit
5. Within thirty days tiom receipt of the $1,650,000.00 letter(s) of credit set forth
above, the Transportation Administrator will notify Wal-Mart, Gateway, WCI and Rimer that
County has reserved sufficient traffic opacity in the Concurrency Management System for the
Wal -Mart Development, WCI Development and Rimar Development. This reservation of
sufficient traffic capacity will continue so long as Wal -Mart, Gateway, WCI and Rimer are
diligently and in good faith pursuing the de i n and construction of the Project, it being
understood and agreed that issuance o tie uired for the design and construction
of the Project is not within the eement, and Acts of Nature or
force majeure may delay compl Project.
6. A. Upon to ouintyof
be due for all authorized 1
obtain a certificate of pub c
density and intensity auth the L
normally required by the
vests the development enti is for transport
Certificate applies on a con basis for three
initial 50 percent impact fee t is non -re:
Certificate.
impact fees estimated to
it, Wal-Mart or Gateway shall
rr gads for all development
Ldd payment shall occur when
2 Payment of these fees
purposes for which the
ecrwnc relinquished. This
payment and receipt of the
B. Upon prepaying to the b'>iaae =half of the road impact fees estimated to
be due for all authorized development at the WCI Development, WCI shall obtain a certificate of
public facility adequacy ("Certificate') for roads for all development density and intensity
authorized by the WCI Development; said payment shall occur when normally required by the
County's code, but no later than April 1, 2006. Payment of these fees vests the development
entitlements for transportation eonctnrency purposes for which the Certificate applies on a
continuous basis for three years unless otherwise relinquished This initial 50 percent impact fee
payment is non - refundable after payment and receipt of the Certificate.
C. Upon prepaying to the County of one -half of the road impact fees estimated to
be due for all authorized development at the Rimar Development, Rimer shall obtain a certificate
of public facility adequacy ("Certificate ") for roads for all development density and intensity
authorized by the Rimar Development; said payment shall occur when normally required by the
County's code, but no later than April 1, 2006. Payment of these fees vests the development
entitlements for transportation concurrency purposes for which the Certificate applies on a
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OR: 3859 PG: 3214
continuous basis for three years unless otherwise relinquished. This initial 50 percent impact fee
payment is non- refimdable after payment and receipt of the Certificate.
7. Not later than 90 days prior to the expiration of the three year period for the
Certificate. the County shall notify each of the Developers via registered mail of the remaining
balance due for the estimated transportation impact fees up to 50 percent, based on level of
building permits already issued. The balance of the impact fees due will be calculated at the rate
schedule then currently applicable. The Developers may separately elect to pay the balance of
the estimated transportation impact fees for the entitlements for which the Certificate applies or
modify the Certificate to a lesser entitlement and calculate the balance of the transportation
impact fees on the revised entitlements. Each respective Certificate shall be modified to include
only the entitlements for which the estimated transportation impact fees are paid Once the
balance of the estimated transportation impact fees are paid, those estimated fees are non
refimdable, unless the County terminates this Agreement. Each respective Certificate runs
continuously with the land in perpetuity after all estimated transportation impact fees have been
paid. As building permits are drawn down on the entitlements, the estimated transportation
impact fees already paid shall be debited at of the impact fees in effect at the time of
utdiTation. It shall be the Developer'` d titleholder's (of all or a portion of
the Property, i.e. Iot/tract ion to ty that a credit is available,
each time a building permit is for. If the estima rtation impact fee account
becomes depleted, the Deve app ' l transportation impact fee for
each building permit in ' r i the a ent that upon build -out of the
development estimated tran t, th remaining balance of such
estimated fees may be f to wi the same, or adjacent,
transportation impact fee y d an sociated with the unspent
and transferred transportati f 'sh an is modified to
delete those entitlements.
8. With respect to Ii County Land Devee Code Section 10.02.03BA.a,
the current Site Development PI is on Ilier County, and all firtrue Site
Development Plans and Plats filed w g to the Parcel during the time
this Section is in effect, shall not be with celled sole]y due to the failure to obtain
state and federal permits, provided that Developers are diligently pursuing the permits and
provides evidence to the County when requested that it is diligently pursuing the permits.
9. Wal -Mart or Gateway shall be responsible for all site related improvements
including turn lanes and traffic signals relating to the Wal -Mart Development.
10. Wal -Mart agrees not to open to the public until the Project is substantially
complete, although Wal-Mart may take possession of its store and other improvcmeents and
prepare for the opening of its store regardless of the status of the Project. A Certificate of
Occupancy will not be issued to Wal -Mart until substantial completion is accepted in writing by
the Transportation Services Division. For purposes of this provision, the term "substantially
complete" shad be deemed satisfied if the through lanes contemplated in this Project are open for
traffic.
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OR; 3858 PG: 3215
11. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Ad. In the event of
any conflict between this Agreement and any law or County Ordinance, the law or County
Ordinance shall prevail
12. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all successors in interest to the parties which are the subject of this
Agrecment
13. The parties acknowledge that the failure of this Agreement to address any permit,
condition, term or restriction shall not relieve the parties, or their successors or assigns, of the
necessity of complying with any law, ordinance, mile or regulation governing said permitting
requirements, conditions, terms or restrictions.
14. In the event state or federal laws are enacted after the execution of this Agreement
which are applicable to and preclude in whole or in part the parties' compliance with the berms of
this Agreement, then in such event this Agreement shall be modified or revoked as is necessary
to comply with such laws, in a manner s intent of this Agreement.
15. Except as othe herein, 93a ant shall only be amended by
mutual written consent of the hereto or by their su s in interest. All notices and
other communications or est in wrng and shall be sent by
Certified Mail, return or recd overnight delivery service,
and addressed as follows: 0
To Wal -Mart: �Q
Cl"�_-'
Bentonville, AR 72716 -0550
Office: 1479) 204 -0319
Fax: (479) 273 -8380
With copy to:
Kimberlv McCormick, Assistant General Counsel
Wal -Mart Stores East, L.P.
2001 S.E. le Street
Bentonville, AR 72716 -0550
Office: (479) 277 -2356
Fax: (479) 277 -5991
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OR: 3859 PG: 3216
To Gateway:
Gateway Shoppes. II. LLC. an %nd_ ia_ na_ limited liability company
c/o W_ _illiam L. Schrage
Schme Development Company
8900 Keystone Crossing
Suite 1200
Indianan H& IN 46
With a copy to:
Richard D. Yovanovich, Esq.
Goodlette, Coleman & Johnson, P.A.
4001 North Tamiami Trail, Suite 300
Naples, Florida 34103
Office: (239) 435 -3535
Fax: (239) 435 -1218
To WCI: 0 R C°u,
Ed Griffith
24301 Wal C
Suite 300 �
Bonita Srnim 1 a41
With a copy
To Rimar:
Daniel Miranda
Stone Break Horses, L
1150 NW 72°" Street
Miami, Florida 33126
Go
MW
set forth above.
With a copy to Richard D. Yovanovich, Esq., at the address set forth above.
Notice shall be deemed to have been given on the next successive business day to the date of the
courier waybill if sent by nationally recognized overnight delivery service.
16. Developers shall execute the Agreement first and it shall be recorded by County
in the Official Records of Collier County, Florida, within fourteen (14) days after County
executes the Agreement. Developers shall pay all costs of recording this Agreement. County
shall provide a copy of the recorded document to Developers upon receipt of the recorded
document.
17. In the event of a dispute under this Agreement, the parties shall first use County's
then - current Alternative Dispute Resolution Procedure. Following the conclusion of this
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OR: 385 ru: jai
procedure, either party may file an action for injunctive relief in the Circuit Court of Collier
County to enforce the terms of this Agreement, said remedy being cumulative with any and all
other remedies available to the parties for the enforcement of this Agreement.
18. On or about March 1, 2006, a representative of each of the Developers will meet
with County staff and a determination shall be made by the County Transportation staff as to the
status of the Project Should that determination find that the Project will not be substantially
complete by October 31, 2006, then the parties will go before the Board of County
Commissioners for direction as to whether this Agreement is to be terminated or extended for
one year, with construction to be programmed to start no earlier than April 1, 2007, and be
substantially completed by October 31, 2007. Prior to or at the conclusion of this March 1, 2006
meeting, the Developers may collectively freely terminate this Agreement by providing written
notice to the County. In addition, any one of the Developers may freely terminate this
Agreement prior to commencement of Project construction as to their respective development
(and thereby losing the concurrency for their development created hereunder), in which event the
remaining Developers have the right to elect to continue this Agreement by completing the
Project This provision is without prejudice to ers agreements between the Develop which
addresses their respective rights if an does not complete its obligations
under this Agreement. In the ev ly terminate this Agreement, the
Developers will provide all re and docum a County and said plans and
documents will become the of the ounty at no c .Once construction has timely
commenced, the County has e i rze a of 't o complete the Project once
it becomes apparent that lete by October 31, 2006
(subject to Acts of Nature d f ) o 1, , i 's Agreement is extended
pursuant to this Paragrap d D e n substantial fault for the
construction delays, and w t let Developers' concurnncy
reservation rights hereunder t be affected.
IN WITNESS WHE ",o a
by their appropriate officials,
r7
F}Vt'iGI 't E: aROM Clerk
L. r ..
Clerk
�t tg
cfiaww ' _
lignattln 041y.
Ill
legal sufficiency:
Attorney
hereto haveAak�rthis Agreement to be executed
cI's�
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By W.
FRED W. COYLE,
Page 7 of 11
Packet Page -990-
AS TO WA.LrMART
WAL -MART:
WITNESS OR ATTEST:
7/8/2014 16.A.31.
OR: 3859 ru: jau
C
WAL -MART STORES EAST, LP,
i u a Delaware limited partnership
Prii&kame: By: WSE MANAGEMENT, LLC, a
Delaware limited liability company,
General Partner
Print Name: K t nn M oRF y
Assistant Secretary,' P: P AA T,l;• : By: , IV
SEAL
0 U' R ert M. Bedard
(Corporate Seal) 2DQI =� = i ` ssistant Vice President and
Assistant Secretary
STATE OF ARKANSAS ) 0
COUNTY OF t�NT• ) �--- 1-- --`r -
On this cRI `` da,
subscriber, xA.
driver's license no.
(SEAL)
of
o�
r�
My Commission Expires: a. /„ /,.
personally appeared the
me, or [ ] has produced
(Type or Print)
M ES -t0
Approved as to legal terms only
by
ML -MART LEGAL DEPT.
Date: '2- LQ-5-
Page$ofll _
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OR: 3859 ru, 3L11
AS TO GATEWAY:
WITNESSES:
1 1-'4 V ge
Print Name: '1 e: jai !/ ► i¢+� Z 5 L �R -4Gr'
Position: �(,t �,t,� ,►QG e et -
Print Name
STATE OF FLORIDA )
) SS.
COUNTY OF (:eY({ < C , Oi )
On this day of b j, 2005, before me personally appeared the
subscriber,L,V ise-Ap., L 5 'flflAGr: who ' naliy known to me, or [ ] has produced
driver's license no. �n.
TAR P LIC
(SEAL) Nat e: `
e r Print)
My Commission Expires: 0
Kew a stsAMM
: ``: byCw,lszonooa"M �O
CIE CAR
Page 9 of 11
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OR: 3859 PG: 3220
AS TO RIMAR
STATE OF FLORIDA )
) ss.
COUNTY OF (IOC.44
On kis cb,-2 V day of :. Z4 /110-, 2005, before me personally appeared the
subscriber, lc-G t*9/C6LQ& who' onally known to me, or [ ] has produced
driver's license no. n.
T AR P LIC
(SEAL) '""` C C %o.^4-VV .�
pe r Print)
My Commission Expires:
My Commission 00084590 ( ��
of E)ifss 000bW 14,2M
�E CIS
Page 10 of 11
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AS TO WCI
STATE OF FLORIDA )
ss.
COUNTY OF L-e e, )
On this J
subscriber, :;fr
driver's license no.
(SEAL)
My Commission E
7/8/2014 16.A.31.
OR; 385j PG; 3lll
1V�
Name:
Position:
Page 11 of 11
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the
teed
OR: 3859 �/8/20L 44 16.A.31.
EXHIBIT "A"
Legal Description
A PARCEL OF LAND LOCATED IN SECTION 3. TOWNSHIP 51 SOUTH RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 3; THENCE RUN N 00 DEGREES
41 MINUTES 50 SECONDS E, ALONG THE EAST LINE OF SAID SECTION 3, FOR A DISTANCE
OF I496.21 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF US. 41
(TAMIAMI TRAIL), A 200 FOOT WIDE RIGHT -OF -WAY; THENCE RUN N 54 DEGREES 20
MINUTES 16 SECONDS W, ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE, FOR A
DISTANCE OF 1,56632 FEET; THENCE RUN S 35 DEGREES 39 MINUTES 44 SECONDS W, FOR A
DISTANCE OF 400.00 FEET; THENCE RUN N 54 DEGREES 20 MINUTES 16 SECONDS W, FOR A
DISTANCE OF 1142.90 FEET TO THE PO G OF THE PARCEL OF LAND HERIIN
DESCRIBED;
FROM SAID POINT OF BEG
FOR A DISTANCE OF 565.60
SECONDS WEST FOR A D AN
SOUTH 112 OF THE SO Et2 F SAE
MINUTES 59 SECONDS ST,
TO A POINT ON THE EAS GT
ROAD 951); THENCE R 02
EASTERLY RIGHT -OF -W
SOUTH 35 DEG S 44 SECONDS WEST
E RUN SOUTH 00 G S 35 MINUTES 30
90 DEGREES 00 MINUTES NDS EAST FOR A I
NORTH 02 DEGREES 28 M 08 SECONDS EAST
THENCE RUN SOUTH $9 DE 5 MINUTES 5? SEC
196.99 FEET; THENCE RUN N EGREES 04 MINU
DISTANCE OF 200.05 FEET;
EAST FOR A DISTANCE Of 6$3.32
SECONDS EAST FOR A DISTANCE OF 51
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3 N NORTH LINE OF THE
:E R NO TH 89 DEGREES 26
f ONCE OF 1,117.59 FEET
B UL.HVARD (COUNTY
0 S S EAST, ALONG SAID
THENCE RUN NORTH
.09 FEET; THENCE RUN
D OF 100.09 FEET;
FOR A DISTANCE OF
8�3 ONDS EAST FOR A
5 MINUTES 57 SECONDS
54 DEGREES 20 MINUTES 16
POINT OF BEGINNING.
7/8/2014 16.A.31.
OR: 385y ru: iza
Parcel 1:
Tbo East UZ of tiro Nag*wcst 114 of the Northwest 114 of dm Southwest 114, Section 4, Township 51 South, RAMP 26
East, Collier County, Flood-L
Parcel 2:
The Went 1R of the Northwest 114 of the Northwest 1/4 of the Sm&west 114 Swdaa 4, Tov o.6ip 51 Soutb, R=ge 26
East, Collier County, iladds.
Parcel 3-
The West 12 of the Soudi west 114 of ft Nartrwcst 114 of the Southwest 114, Section 4, Towaahip 51 South, Raze 26
East, Comer Cauaty, Flod&
ParrL14:
The Fast 112 of the Southwest 114 of tine Nor6aae t 114 of the Southwest 114, Sed an 4, Towmbip 51 Smith, Range 26
Fast, count C; =ty, Flonda_
Parcel 5:
The West 112 of tbo Southeast 114 of the Narthwest 114 of tie Soatbwe::t i14, Section 4, Towns 14 51 South, Range 26
Ens[, Collier County, Randa-
Pascal 6:
� Co T ?
All that ran of the North 112 of tie South
a 4, Towas * 51 S
26 East, Coiner Couny, Florida,
bain,t mate pardcularty desadbed as
Com mtaciag at a ooaaretc f
u
4, 51 Swat, Rsnga 26 Fast;
Collier County, Florida; thence the
art amd W line mid 5 a 4 North. 86 degrees 32'24" But
664.23 feet to the Point . of
East ' oftlte Wert ll3 of the
Northwest 114 of the Sonthwact U aft
1
Ihm me alma the North line
of ibe West 1R of the Southeast U
N t++est 1
4, Noah 88 degma
49'39" East 332.86 feet; tbeacc al tot
E.
o S
` Northwrst U4 of the
Southwest 114 of said Se So
gate 1'54" West 67938 % the
the North U2 of the South
U2 of said Section 4; thorax aiamg
liut North 89 degrees 3.
L thence couden =e along
the South The of the North i/2 of the
of said Section 4, N
"But 537.97•feet to ib= West
right -of wxy line ofBarefoot Wt'IIiazos
along said Westtight -o
North 9 degrses 3'19` West
139455 feet to the Fast and bleat 114 S
Section 4;
Bast and Wert 114 Section line
South 89 degrees 3114 "1 ret
to cad Saeti
aa4ane along *t Eat and West 1/3
Section, line of said Sccd= 4 South 89 tiegrtxs 3 PIT @.
Point of Begi min of the past basin
desafaed.
Parcel 7:
1.H that part of the South in ethe South I12 of Sectiom 4, Township 51 South, Ranv 26 East, Collier County, Florida,
lying West ofB are fact Wi li—e Raad aud'being M= par&-alidy desca' bed m follows:
Beginning at a canctete monummtbeing &c SottBimacamer of Section 4, Towns'bip 51 South, Range 26 Last; Colli:C
County, ilorida; thence &tong the Went line of said Swduo 4, North 1 dopm 1427' List I34L70 fact to a connate
maaumcat placed; thtnte &tong tine North line of t m SoaBi M of the South 1R of-aid Sedioa 4, Nm& 89 degrees
3`51 "East 2669.16 feet to a eanetete maaeurncniplaced, thence ooadmx along said Nmth liac North 89 dcg= 37' ;T"
East-S3797. fen to t con=e m=umaatplatxd tad the Wutti&- of-way Une of Barefoot WLlk= Road; thence
along sold r get *f -way lit= Soulk 9 dcgrecs 379" But 1403.82 feet to a concreta mamaaeat found Lad the Saanh lice
of said Section 4; thence along the South lies= of raid Section 4, North 89 degrees 1732" West 775.46 feet xo a coat rote
moo==t fauna; d=ct Conti mm along said South lice South 89 degas 3610" West 2681.63 Meet to the point of
berms of the parcel bmeia dw=Wd.
Parcel 8:
The Scud east 1/4 of tilt Southeast 114 of Section 5, Township 31 Saulk Range 26 Fast, Collier Cmmty, Florida.
Parcel 9:
The South 1R of the Noramst 114 of the Southeast 114 of Section 5, Township 51 Smith, Range 26 East; Cam=
County, Florida.
Packet Page -996-
7/8/2014 16.A.31.
OR: 385v ru: izzi
t3Z13IBIT ,•C"
LEGAL DESCRIPTION
All that part of Section 10, Township 51 South, Range 26 East, Collier County, Florida
and being more particularly described as follows; Commencing at the intersection of
the present easterly nght -of -way of S.R. 951 with the northerly line of the Southeast 114 of
the Northwest 1/4 of Section 10, Township 51 South, Range 26 East, Comer County,
Florida; thence along said easterly right -of -way line South 0' 24' 33" West 30.01 feet to
the south right -of -way line of C.R. 31; thence along said south right- of-way line and 30
feet south of and parallel with the northerly line of the Southeast 114 of the Northwest 114
of said Section 10, North 88' 4?' 20' East 500.00 feet to the northwest corner of Gulf
Winds East Unit 1, a condominium a dt inium Plat Book 4, Pages 153
and 154, Collier County Public 'da; thence along the west
line of Gulf Winds East. Sou 33" West 706.3 the southwest comer of
said Gulf Winds East; thence alo th line of said If East, North 88' 42'
20" East 849.37 feet; then al g t me o i Gulf ' d East North 1' 17' 40"
West 706.05 feet to the s h the ce run North 88' 40'
46" East 170.93 feet to th poi b in i 1 10 1.84 feet; thence run
South 0. 05' 07' East 13 f the a st lin # the North 112 of the
Northwest 1/4 of the South 1 sat e on , S 0 33` East 684.81 feet;
thence along the south line North 112 of the w t the Southeast 114 of
said Section 14, South 88' West 1369.16 fee. ng the south line of the
North 112 of the North 112 of thwest 114 of sai n 10, South 88' 45' 54'
West 739.16 feet, thence run No i t; thence run North 88' 42'
20" East t 039.52 feet; thence runs: st 1330.18 feet to the point of
beginning of the parcel herein described.
SAID LANDS LYING AND BEING IN COLLIER COUN i Y, FLORIDA.
CADMUnwrie and Seumv4icpcotv4y D=wwu%Mxu Peres • ot3 CNdMP u orJWy.1b04M lMAR EM -Ft?Rl MLcp k
Y 4 '� ••{{yyam �yy y .♦. � �i � • .: _ t. � .. r - . r r :�'�.�w.� {1.
_ _ Packet Page -997-
lt►iB = "D"
MEMOMNDUM
To: Nick Casalanguida, Collier County Transportation
From: Reed K. jarvi
Cc:
Date: June 2-7, 2005
Re: Artesia Naples
The following is submitted as
EXHIBIT D
SR 951 DCA Traffic Utilization 0
PM Peak Hour Project Traffic Pt orth gle
Project nd Use
Wal-Mart i unt Superstars plus
Trails Ridge (Habitat for Humanity)
Artesla Naples (fka Lands End) R en_
Tuscany Isle Reside C iR
Total
7/8/2014 16.A.31.
OR: 3$59 FG: un
Vanasse
Daylor
Urwn Mron=
aM�,.��
T- ft &4
111-.
41)
R 366
Size PM Peak Hour Trips
227,000 sf 225 vph
204 du 6 vph
725 du 14 vph**
491 du 32 vph"
277 vph
'210,000 sf Wal- Mart, 6,000 sf Drive-in Bank, 6,OD0 sf 10- Tumover Restaurant, 5,000 sf Fast -Food
Restaurant w/Drive- Through Window and 12 station GasoknalService Station wlConvenience Market
"adjusted for capture at the Wal -Mart (10%)
*"In addition there are 7 PM Peak Hour Trips for Artesia Naples that are currently Reserved in the
CDncurrency Management System.
12738 New Brittany huinard, Suitt K Fort lfyert, FWdi 339DI r 334 437 4 411 F 234.437ABi w ntdoycoroo
C1Pmjc=XW5=VS%Tmffic\DCA TrafFe CoamsV075rneW 1 _&21 -O.iit l .doe
Job Nwubc 80175.06
Packet Page -998-
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