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Backup Documents 07/24/2012 Item #17JPUDA— PL2011 -1168 NAPLES RESERVE COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 17J To: Clerk to the Board. Please place the following as a: X;X Normal I..egal Advertisement Other: {Display Adv., location, etc.) Originating Dept,' Dice: G iL> Zon n Person: Nancy Gundla , Pr cipal Planner Date: June 19, 2012 Petition No. (if none, give brief description): PL20110001168 1,Aq �es &nev-e, Petitioner: (Narne & Address): Mr. Dwight Nadeau Mr. Richard D. Yovanovich RWA, Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 Goodlette, Coleman and Johnson, P.A, 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Name & Address of any persons) to be notified by Clerk's Office: (If more space is needed, avach separate sheet) Il:earing before X BCC BZA Other Requested Ilearing date: Tuesday, July 24, 2012_ Based on advertisement appearing 20 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Proposed Text ("Include legal description & common location & Size: See Attached Legally Required Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? X Yes. No. If Yes, what account should be charged for advertising costs: Revie.ved by _.. Dn ision .,drnuusirator or Designee List Attachments: Date DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: Requesting Division Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy fir .file. FOR CLERK'S OFFICE USE ONLY: Date Received �'! 'IZDate of Public hearing: 1'ZM2'- Date Advertised: v 17J Ann P. Jennejohn From: GundlachNancy <NancyGundlach @colliergov.net> Sent: Wednesday, June 20, 2012 9:17 AM To: Minutes and Records Cc: Bosi, Michael; Bellows, Ray; Patricia L. Morgan; Ann P. Jennejohn; Neet, Virginia; Rodriguez, Wanda; Kendall, Marcia Subject: Request forBCC Advertising for Naples Reserve RPUD Attachments: Request for BCC Advertising for Naples Reserve 6- 20- 12.pdf; Request for BCC Advertising in the NDN 6- 20- 12.docx Good afternoon, Attached please find a "Request for Legal Advertising" to be processed for the upcoming July 24, 2012 BCC hearing. Thank you. Sincerely, Nancy Nancy Gundlach, AICP, RLA Principal Planner Land Development Services Growth Managment Division 2800 North Horeshoe Drive Naples, FL 34104 (239)252 -2484 NancyGundlach@colliergov.net >f �. nd,or F . z <� ! q e n jai a .Mr�> ,ire; oub �c r �coro . if you d^ not cram your e a 1 addrm. , E_:� .;,. a,,d in M t ,,,)<> : t., a dub €ic zecords roq lent. o , ..,,t ��� =. :.f f,,nti./. , s za , c,a �.� ft s #ice by teie itcre a' ur �'itirtt . M 17J NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, July 24, 2012, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.. The title of the proposed Ordinance is as follows: PUDA- PI2011 -1168, Naples Reserve RPUD, an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 07 -71, The Naples Reserve Golf Club Residential Planned Unit Development (RPUD), to remove a golf course from the RPUD; providing for amendments to permitted uses; providing for amendments to development standards; providing for amendments to master plan; providing for amendments to list of requested deviations from LDC; providing for amendments to list of developer commitments; and providing an effective date. Subject property is located one -third of a mile north of US 41 and 1 -1/2 miles east of Collier Boulevard (CR 951) in Section 1, Township 51 South, Range 26 East, Collier County, Florida consisting of 688 +/- acres. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) 17 J - 'N ORDINANCE NO. 12 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 07-71, THE NAPLES -RESERVE GOLF CLUB RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO REMOVE A GOLF COURSE FROM THE RPUD; PROVIDING FOR AMENDMENTS TO PERMITTED USES; PROVIDING FOR AMENDMENTS TO DEVELOPMENT STANDARDS; PROVIDING FOR AMENDMENTS TO MASTER PLAN; PROVIDING FOR AMENDMENTS TO LIST OF REQUESTED DEVIATIONS FROM LDC; PROVIDING FOR AMENDMENTS TO LIST OF DEVELOPER COMMITMENTS; AND PROVIDING AN EFFECTIVE DATE. SUBJECT PROPERTY IS LOCATED ONE MILE NORTH OF US 41 AND 1-1/2 MILES EAST OF COLLIER. BOULEVARD (CR 951) IN SECTION I, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 688+/- ACRES. WHEREAS, on November 13, 2007; the Board of County Commissioners approved Ordinance No. 07-71, which established the Naples Reserve Golf Club Residential Planned Unit Development (RPUD); and WHEREAS, Dwight Nadeau, AICP, of RWA, Inc. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester., P.A., representing SFI Naples Reserve.. L.LC, petitioned the Board of County Commissioners of Collier County, Florida to amend Ordinance 07 -71, the Naples Reserve Golf Club RPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION 1: AMENDMENTS TO EXHIBIT A, LIST OF ALLOWABLE USES, OF ORDINANCE NUMBER 07-71, NAPLES RESERVE GOLF CLUB RPUD The List of Allowable Uses, previously attached as Exhibit A to Ordinance Number 07-71, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit A, List of Allowable Uses, attached hereto and incorporated by reference herein. Naples Reserve / P1,2011-1168 Pev. 4/20/12 Words rro� are deleted. words underlined are added. Page I of 3 17J SECTION II: AMENDMENTS TO EXHIBIT B, DEVELOPMENT STANDARDS TABLE, OF ORDINANCE NUMBER 07 -71, NAPLES RESERVE GOLF CLUB RPUD The Development Standards Table, previously attached as Exhibit B to Ordinance Number 07-71, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit B. Development Standards, attached hereto and incorporated by reference herein. SECTION III: AMENDMENTS TO EXHIBIT C, MASTER PLAN, OF ORDINANCE NUMBER 07 -71, NAPLES RESERVE GOLF CLUB RPUD The Master Plan, previously attached as Exhibit C to Ordinance Number 07-71, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit C, Master Plan, attached hereto and incorporated by reference herein. SECTION IV: AMENDME.N'rs TO EXHIBIT E, LIST OF REQUESTED DEVIATIONS FROM LDC, OF ORDINANCE NUMBER. 07-71, NAPLES RESERVE GOLF CL I'T RPUD The List of Requested Deviations from LDC, previously attached as Exhibit E to Ordinance Number 07-71, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit E, List of Requested Deviations from LDC, attached hereto and incorporated by reference herein. SECTION V: AMENDMENTS TO EXHIBIT F, LIST OF DEVELOPER COMMITMENTS, OF ORDINANCE NUMBER. 07-71, NAPLES RE-SERVE GOLF CLUB RPUD The List of Developer Commitments., previously attached as Exhibit F to Ordinance Number 07-71, the Naples Reserve Golf Club RPI-111), is hereby amended and replaced with a new Exhibit F, List of Developer Commitments, attached hereto and incorporated by reference herein. SECTION VI: EFFECTIVE DATE Except as amended herein, the remaining provisliotis within Collier COUTAY Ordinance No. 07-71 remain in full force and effect. This Ordinance shall become effective upon filing with the Department of State. Naples Reserve /P1,201.1-1168 Rev. 4/20/12 Words ,tfuiak4hfetrgh are deleted; words underlined are added. Page 2 of ") 17J PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this day of ........... 2012. ATTEST: DWIGHT' E. BROCK., CLERK By: Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Bv: FRED COYLE, Chairman Attachments: Exhibit A.- List of Allowable uses ises Exhibit B — Development Standards Exhibit C ­ Master Plan Exhibit E — List of Requested Deviations Exhibit F — List of Developer Commitments 11- CPS - 0111511 8 Naples Reserve / PL2011-1168 P-- 4/20112 Words &tftw-k4hfe*0 are deleted; words underlined are added. Page 3 of 3 17J - EXHIBIT A PROJECT LAND USE TRACTS Naples Reserve PL-20110001168 06/07 %2012 Page I of 11 TYPE 1TN1-.1rES-/ET. . ..... A C 9 EIA - QE —± TRACT "R" RESIDENTIAL 1154 592.8 TRACT "RA"' RECREATION AREA 0 31.6 TRACT "P" PRESERVE 0 63.7 TOTA , L: 688.1 TRACT PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal L)scs. 1) Single-family detached dwellings; 2) Single-family attached dwellings (including townhouses intended for fee simple Single- family conveyance including the platted lot associated with the residence); 3) Villa/patio dwellings (detached single-family dwellings of a smaller scale than the typical single - family detached dwelling); 4) Multi-family dwellings: 5) Model homes-, 6) Commercial excavations for all lakes identified as "L" on Exhibit C — RPUD Master Plan (subject to Exhibit F: List of Developer Commitments, Transportation item. D); 7) Project sales, construction and administrative offices, which may occur in residential, and/or in temporary structures. 8) Any other principal use which is comparable in nature with. the foregoing list of' permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") by the process outlined in the Land Development Code (LDC). Naples Reserve PL-20110001168 06/07 %2012 Page I of 11 17J ' B, Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Customary accessory uses and structures including,, but not limited to, private garages, swimming pools with, or without screened enclosures, gatehouses, and other outdoor recreation facilities; 2) Polling place if deemed warranted by the Supervisor of Elections. II TRACT RA PERMITTED USES: No building or structure, or part thereof., shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses Typically Accessory to Residential Development: 1) Structures intended to provide social and recreational space (private, intended for use by the residents and their guest only); Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts., playground improvements /facilities, and passive and/or active water features. 3) Any other principal use which is comparable in nature with the foregoing list Of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: Customary accessory uses or structures incidental to recreation areas and, or facilities, including Structures Constructed for purposes of maintenance, storage or shelter with appropriate screening and landscaping. Naples Reserve PL- 2011.0001.163 06/07/2012 Page 2 of 11 17J '� EXHIBIT B DEVELOPMENT STANDARDS GENERAL: Development of The Naples Reserve RPTJT) shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County LDC and Gro\7,qli Management Plan (GNIP) in. effect at the time of issuance of any development order, such as, but not limited to, subdivision plat, site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. 1lxcept as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium. and/or homeowners' association boundaries shall not be utilized for determining development standards. 'Table .1 below sets forth the development standards for land uses, within. the Residential Pl..TD Residential Subdistrict (Tract "R'*), Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. MAXIMUM DENSITY: There shall. be no more than 1154 residential dwelling units permitted which provides for a maximum gross density of 1.67 dwelling units per acre. A minimum of 612 Transfer of Development Rights Credits shall be obtained to achieve the maximum gross density. SIGNS For the purposes of this RPUD, the LDC provisions from Section 5.06.02.8.6. are applicable for off premise signage. Please see Deviation 42 in Exhibit E. 'This off-site sign's e opportunity may only be implemented after such sipage is allowed in the Walnut Lakes PUD. Naples Reserve PL-2011.0001.168 06/07,14012 Page 3 of 11 17J -- TABLE I RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE FAMILY SINGLE FAMILY PATIO 1­10MW '__ WdEfF- CLUBHOUSE/ MINIMUM UM LOT AREA DETACHED ATTACHED & & VILLAS FAMILY RECREATION SIDE UNIT TOWNHOUSE .............. S.P.S. UNIT BUILDINGS., PRINCIPAL STRUCTURE ................... . .......... . ...­ .... . ......... MINIMUM UM LOT AREA 6,000 S.F. PER 2,250 S.F. PER 5,000 S.F. PER 2,250 S.F. PER 10,000 S.F. SIDE UNIT UNIT S.P.S. UNIT 1/2 BH MAXIMUM LOT AREA —.— 1 Acre N/A -UNIT i�7 N f /A 25 FEET WFA MINIMUM LOT WIDTH 40 FEET 25 FEET 25 FEET (DETACHED) 20 FEET MINIMUM FLOOR AREA 1,000 &F 1,000 S.F 1,000 S.F 1,000 S.F./D.U. N/A _FRONfTA�RE_2O 10 FEET 20 FEET 20 FEET 20 FEET* 25 FEET -WIN i 12 FEET i 35 FEET 'Mit4§_1_DE YARD FEET 0 FEET or 3 FEET or GREATER OF 10 GREATER OF ............... 35 FEET - 6 FEET 9 FEET** FEET OR 1/2 BH 15 FEET OR V2, 45 FEET 50 FEET TO EXCEED (ACTUAL) BH, MIN REAR YARD __ .............. 15 FEET 15 FEET 15 FEET 15 FEET GREATER OF 15 FEET OR 112 BH . ............. '25 FEET MIN PRESERVE SETBACK 25 FEET 1 25 FEET 25 FEET 25 FEET MIN. DISTANCE BETWEEN 12 FEET 12 FEET 12 FEET GREATER OF 20 O GREATER F 15 STRUCTURES ..... . ........ 40 FEET 35 FEET FEET OR 1l2 THE SUM OF FEET OR 1/:! BH 1 50 FEET . MAX, BU, IL'DING HEIGHT Ni5f ....... 35 FEET 55 FEET TO EXCEED (ZONED) AXgUib_ING HEIGHT NOT 45 FEET 50 FEET 45 FEET 65 FEET 1 60 FEET TO EXCEED (ACTUAL) [ACCESSORY STRUCTURES FRONT * S.P.S. . . ....... . S.P.S. S.P.S. S.P.S. 20 FEET SIDE _-K—Fs- i I .......... *----,--,.--- S•P.S. S.P.S. S.P.S. 1/2 BH 5 FEET 10 FEET - k -E-A ­(ATTACHED) — 5 FEET 5 FEET 5 FEET (DETACHED) 20 FEET 20 FEET 20 FEET 20 FEET - -------- 20 FEET 1 FEET 0 PRffEkW'S7ETBACK 10 FEET 10 FEET 10 FEET 10 FEET i 12 FEET i 35 FEET 12 FEET 35 FEET Greater of 15 feet or 1/2 BH 40 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 12 FEET 12 FEET P�', " I. __ MAX, BUILDING HEIGHT NOT ............... 35 FEET - TO EXCEED (ZONED1,_ - MA . X. BUILDING HEIGHT NOT 45 FEET A5 FEET 45 FEET 45 FEET 50 FEET TO EXCEED (ACTUAL) ------ --------- "I I-- S.P.S. = Some as Principal Structures 9H = Building Height — unless otherwise noted, all building heights shall be "zoned" building heights, as defined in the LDC. Residences with side loaded garages may have a minimum 1' 5 foot front Yard **: A three (3') foot setback shall. be permitted only where nine (9') feet is provided on the adjacent lot. Naples Reserve Pl,-201.10001 168 06/07/2012 Page 4 of 11 Notes: 1) No structures are permitted in the required 20-foot lake maintenance easement. No setback is required for structures adjacent to a lake maintenance casement. 2) Side yards -- No side yard shall be required between units internal to a structure, when more than one residential unit is in a single structure (i.e.: attached single-family and townhomes). Varying side yards are provided to allow side entry garages and to maintain the required separation between buildings. 3) Terraced setbacks are permitted for either two or three story multi-family structures. Setbacks shall be measured from that ground floor exterior 'wall of lesser height as long as a minimum. ILI foot building wall setback is provided as depicted in Figure I below. 4) Entrance -features (i.e.: monuments, clock towers and colonnades) may be located at the project entrance and shall be limited to a maximum height of 50 feet. 5) For all residential units, garages must be located a minimum of 23 feet from the back of the sidewalk located in the street rights-of-way closest to the 1-arage, except for side load garages, wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to avoid vehicles being parked across a portion, or all. of the referenced sidewalk. Naples Reserve PL-20110001168 r igure I 06/07/2012 Page 5 of 11 17J'- EXHIBIT C MASTER PLAN oJ N 'N ti —x b, EXHIBIT C MASTER PLAN 17J oJ N 'N —x b, 'J� "Ay 17J Is- oJ N 'N b, 'J� "Ay A/7 Is- N 'N "Ay A/7 Sn ....... . .. ............ - .... . . . .... Is- Naples Reserve PL-20110001168 06/0712012 Page 6 of 11, N 'N Sn ....... . .. ............ - .... . . . .... Naples Reserve PL-20110001168 06/0712012 Page 6 of 11, 17J a EXHIBIT D Legal Description All of Section 1, Township 51 South, Range 26 East, Collier County, Florida Naples Reserve IIL-20110001168 06,107/2012 Page 7 of 11 17J EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Deviation #1 seeks relief from LDC Section 5.04,043.5.c, that limits the number of model homes to allow one model home for each variant of the residential product proposed in the project. The number of model homes may exceed five for each phase or community within the project, but shall not exceed a total of fifteen. Deviation #2 seeks relief from LDC Section 5.06.0213.6. that allows grOuncUresidential. entrance signage only on-site within residential zoning districts, to allow ground/residential entrance signage outside of the residential zoning district that the signage will serve. This off.-site groundJresidential entrance signage shall be permitted in close proximity to the US-41 Rio ky .! it-of-W within the Walnut Lakes PUD. This deviation may only be implemented upon such signage being allowed by the Walnut Lakes RUD. Naples Reserve.PL,-20110001168 06/07/2012 Pagge 8 of 11 17J EXHIBIT F LIST OF DEVELOPER COMMITMENTS TRANSPORTATION The development of this R?UD shall be subject to and governed by the following conditions: A. The RPU`D Master Plan reflects a 100' wide reservation for dedication along the western boundary of the RPUD. Should the County find that it is appropriate to improve that corridor, the Developer, its successor, or assigns shall agree to be a part of a joint permit application with Collier County for the specific purpose of modifying the existing conservation casement. Alt costs associated with the potential conservation easement modification, , including any required. mitigation shall be the responsibility of the County. The 100' reservation shall be dedicated to the County at no cost, and in fee simple title within 180 days of the County's request. The developer shall provide a storm water management system within the RPUD boundary for treatinerit/retention of storm water from the 100 foot reservation area. B. The Developer agrees to provide mitigation for traffic impacts as detailed in the companion Developer's Contribution Agreement [DCA] in order to provide consistency with policy 5.1 of the Transportation Element of the Growth Management Plan." The DCA provides for improvements to the intersection of US-41 and Collier Boulevard, anctlor US-41 cast of Collier Boulevard. C. If warranted and approved by the County, the developer shall be responsible for the proportionate fair share cost of a traffic signal, or turn lane extension/expansion, at the intersection of Naples Reserve Boulevard and US4 [ Tamiarni Trail. If Naples Reserve Boulevard should become a Public Roadway in the firture, then the proportionate share requirement shall apply to this development's entrance where it intersects with Naples Reserve Boulevard. Upon completion of the installation, inspection, bum-in period and final approval/acceptance of traffic signal at either location mentioned in the previous paragraph, ownership and maintenance of the signal shall. be turned over to Collier County. Any negotiations relevant to fair share payments or reimbursements from any and all other neighboring developers/property owners that directly benefit from said traffic signal., will be determined based upon the percentage of wsage/1111pact. C, D. Excavated material in an arnount up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated may be removed from the development with no prohibition as to the destination of the material. Excavated material in excess of up to ten percent (to a maximum of 20.000 cubic yards) of the total volume excavated, may be removed from the development and be transported off-site only for use in the US-41 roadway widening project from the intersection of US 41. and Collier Boulevard to the intersection of US 41 and CR 92, and subject to the excavation provisions from the Code of Ordinances as may be amended, however the fefflo�vinR paragraph will continue to apply: "Issuance of commercial excavation permits. Applications for commercial excavation permits shall be reviewed by the community development and environmental services administrator, or his designee, and by the environmental advisory council for recommendation anal approved by the board.. When a request is made to remove surplus fill material from a previously approved development excavation, the requirement for review by the environmental advisory council shall be waved, but dependent on haul route and. amount of fill to be hauled, staff may require approval by Collier County Planning Commission." E. At project buildout, a secondary access point for resident use shall be provided off of Greenway Road. Naples Reserve PL- '0110001168 06A)712012 Pace 9 of 1.1 17J ENVIRONMENTAL The development of this RPUJD Master Development Plan shall be subject to and governed by the following conditions: A. The Naples Reserve RPU 1D shall preserve 63.7 acres of vegetated areas consistent with the Land Use Summary on Exhibit C RPUD Master Plan. PLANNING A. in order to increase residential density above the base density allowed in the Urban-Mixed Use District, Residential Fringe Subdistrict and the Agricultural/Rural - Rural Fringe Mixed. Use District, Receiving Lands, 612 TDR Credits shall be severed from qualifying Sending ' Lands, of which a minimum, of 311 TDR Credits shall be severed from Sending Lands within one mile of the Urban Area. B. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PT..JJD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is SFI Naples Reserve, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with. the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD are closed--out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. C. Construction of the clubhouse will commence prior to the issuance of the Certificate of Occupancy (CO) for the 231' residential dwelling unit. WATER MANAGEMENT A. Constructed drainage facilities and structures shall be located outside the boundaries of conservation easements /preserves. B. The project's stormwater management system shall be designed to fully contain the 100-year/72- hour design storm event. with a regulated discharge rate not to exceed 0.08 cfVacre and no increase in total volume of discharge. C. All elevations shall be based on the North American Vertical Datum (NAVD). UTILITIES AND ENGINEERING A. The owner shall reserve four areas to potentially be dedicated to the Collier County Water-Sewer District for raw water well easements with dimensions of 100-foot by 100-foot each, along with utility/access easements that shall be 20 feet wide, or less if the well site is contiguous to a public right-of-way. The approximate locations of these fOUT proposed easements are depicted on the Naples Reserve IIL-20110001168 06/0712012 Pa-e 1.0 of 11 17J proposed Master Plan. One of these four wells may be used as a test well and converted to a production well. The test well Will Dot. be converted into a production well until the water management lakes proposed near the test well are constructed in accordance with the 50 foot setback standard. No additional production wells will be installed until the project's water management lakes have been constructed or the year 2027, whichever is earlier. Upon request of the Collier County Water- Sewer District., the owner shall convey, to the Collier County Water- Sewer District the requested utility/access easements and raw water well easements within 60 days, free and clear of all liens and encumbrances. The Collier County Water- Sewer District shall pay the owner $1 5,930 per acre for those easements that are conveyed or dedicated to the Collier County Water- Sewer District- If all or some of the conveyances have not been requested by the Collier County Water- Sewer District at the earlier of Site Development Plan ("SDP") and/or final construction plans and plat ("PPL") approval or within six years of approval of this Ordinance, then the reserved areas shall be deemed released. At the time of the SDP and/or PPL. suba � nittal, the owner shall show the well site reservations applicable to the area within the SDP and/or plat.. During the review of the SDP and/or PPL, the Collier County Water- Sewer District shall decide at that time whether it will. request the dedication of the utility/access easement. Failure to request the utility/ -access easement shall be deemed a release of the utility/access easement and the final SDP and/or PPL shall be approved without the utility/access easement. Naples Reserve PL-20110001168 06/07/201.2 Page 11 of 14 Ann P. Jennejohn 17J From: GundlachNancy <NancyGundlach @colliergov.net> Sent: Wednesday, June 20, 2012 5:01 PM To: Ann P. Jennejohn Subject: RE: Request forBCC Advertising for Naples Reserve RPUD Hi Ann, It is 1/3 of a mile north of US 41. Thanks for double checking- Nancy From: Ann P. Jennejohn Lmailto: Ann.Jennejohn @collierclerk.com1 Sent: Wednesday, June 20, 2012 4:41 PM To: GundlachNancy Subject: RE: Request forBCC Advertising for Naples Reserve RPUD Sorry top bug you Nancy, I have a really quick question. On the info you sent earlier for the Naples Reserve, the description in the actual Ordinance title document references the property as located one mile north of US 41 .......... and the notice description attached to the legal advertising request references the property as located one -third of a mile north of US 41...... I don't want to advertise the wrong description; do you know off -hand if it's a mile north of 41? Or is it one -third of a mile north of 41? Thanks for your help O Ann From: GundlachNancy [mailto:Nancy undlachCa>colliergov.net1 Sent: Wednesday, June 20, 2012 9:17 AM To: Minutes and Records Cc: Bosi, Michael; Bellows, Ray; Patricia L. Morgan; Ann P. Jennejohn; Neet, Virginia; Rodriguez, Wanda; Kendall, Marcia Subject: Request forBCC Advertising for Naples Reserve RPUD Good afternoon, Attached please find a "Request for Legal Advertising" to be processed for the upcoming July 24, 2012 BCC hearing. Thank you. Sincerely, Nancy Nancy Gundlach, AICP, RLA Principal Planner Land Development Services Growth Managment Division 'Count of Collier 17J CLERK OF THE���,JROJIT COURT Dwight E. Brock COLLIER COUNTY kCOURI,POUSE Clerk of Courts Clerk of Courts 3301 TAMIAMI t0 AIL EST Accountant P.O. BOX 44 NAPLES, FLORIDA` 4101 -3 44 Auditor 1. Custodian of County Funds June 21, 2012 Richard D. Yovanovich Coleman, Yovanovich Koester 4001 Tamiami Trail North, Suite #300 Naples, FL 34103 RE: PUDA- PL2011 -1168: Naples Reserve RPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 24, 2012 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, July 4, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 81W & P Ann Jenn�ejj , Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.colliercierk.com Email: collie rclerkCacollierclerk.com ntintv- o CLERK OF THE C-11 Dwight E. Brock COLLIER COUNTY Clerk of Courts 3301 TAMIAMI P.O. BOX 41. NAPLES, FLORIDA June 21, 2012 Dwight Nadeau RWA, Inc. 6610 Willow Park Drive, Suite #200 Naples, FL 34109 Ilier 17J :C IT COURT )UR OUSE Clerk of Courts ML E ST 044 Accountant 4101 -3 44 Auditor , Custodian of County Funds RE: PUDA- PL2011 -1168: Naples Reserve RPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 24, 2012 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, July 4, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ( - Ann Jennejo n, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk @collierclerk.com 17J Acct #068779 June 21, 2012 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PUDA- PL2011 -1168, Naples Reserve RPUD Dear Legals: Please advertise the above referenced notice on Wednesday, July 4, 2012 and send the Affidavit of Publication, in DUPLICATE, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500131207 June 21, 2012 17J" Board of County Commissioners Public Hearing Advertising Requirements Please publish the following advertisement on Wednesday, July 4th, 2012 and send the Duplicate Proof of Publication to the Minutes and Records Department, 3299 Tamiami Trail East, Suite #401, Naples, Florida 34112. Please reference the followiny- on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section PURCHASE ORDER NUMBER: 4500131207 Account Number: 068779 17J NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, July 24, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, the Board of County Commissioners will consider enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 07 -71, THE NAPLES RESERVE GOLF CLUB RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO REMOVE A GOLF COURSE FROM THE RPUD; PROVIDING FOR AMENDMENTS TO PERMITTED USES; PROVIDING FOR AMENDMENTS TO DEVELOPMENT STANDARDS; PROVIDING FOR AMENDMENTS TO MASTER PLAN; PROVIDING FOR AMENDMENTS TO LIST OF REQUESTED DEVIATIONS FROM LDC; PROVIDING FOR AMENDMENTS TO LIST OF DEVELOPER COMMITMENTS; AND PROVIDING AN EFFECTIVE DATE. SUBJECT PROPERTY IS LOCATED ONE -THIRD OF A MILE NORTH OF US 41 AND 1 -1/2 MILES EAST OF COLLIER BOULEVARD (CR 951) IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 688 +/- ACRES. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which 17J record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in the proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) 17J Ann P. Jennejohn To: legals @naplesnews.com Subject: PUDA- PL2011 -1168 Attachments: PUDA- PL2011- 1168.doc; PUDA- PL2011- 1168.doc Good Morning, Please advertise the attached on Wednesday, July 4, 2012. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) 17J Ann P. Jennejohn From: postmaster @collierclerk.com To: Naples Daily News Legals Sent: Thursday, June 21, 2012 9:44 AM Subject: Relayed: PUDA- PL2011 -1168 Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Naples Daily News Legals <mai Ito: legals@naplesnews.com> Subject: PUDA- PL2011 -1168 Ann P. Jenne john ' � ohn 7 From: Green, Amy <AGreen @Naplesnews.com> Sent: Friday, June 29, 2012 10:06 AM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UAS1382 jpg Ann, Here it is. Sorry about that! It's been a very busy week! Looking forward to this weekend and July 4th. Hope you have a wonderful holiday. Thank You, Naples News Legals Thank you for placing your ad. Date 06/29/12 Publication NDN Account Number 744102 Ad Number 1954637 Total Ad Cost $269.70 7 J � �� NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, July 24, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 32.99 Tarniarni Trall Fast, Naples, Florida, the Board of County commissioners yvill consider enactment of a County ordinance, The rneeiing vviffcommence,. at 9,00 A.M, The title of the proposed Ordinance is as follm's: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE No, 07.71, THE NAPLES RESERVE GOLF CLUB RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)JO REMOVE GOLF COURSE FROM 1HE RPUD: PROVIDING FOR AMENDMENTS TO PERMITTED USES, PROVIDING FOR AMENDMENTS TO DEVELOPMENT STANDARDS; PROVIDING FOR AMENDMENTS 1-0 MASTER PLAN; PROVIDING FOR AMENDMENTS TO LIST Of REQUESTED DEVIATIONS FROM LDC, PROVIDING FOR AMENDMENTS TO LIST OF DEVELOPER COMMITMENTS; AND PRDVIDING AN EFFECTIVE DATE. SUBJECT PROPERTY is LOCATED ONE-THIRD OF A MILE NORTH OF US 41 AND 1-112 MILES EAST OF COLLIER BOULEVARD (--,R 951) IN SECTION 1, TOWNSHIP 51 SOUTH" RANCE 26 EAST, COLLIER COUNW. FLORIDA CONSISTING OF 688,+/- ACRES. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection, All interested parties are invited to.atiend and be heard. NOTE: All persons tivj5hing to speak on any agenda iterri must register Avith the County administrator noi to presentation of The agenda item to be addressed Individual speakers wip, be limited To 3 minutes on any itern. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 rninutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets rnu!a submit said material a minimum of 3 weeks prior -lothe respective public hearing, In any case, Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum Of seven days rior to the public hearing. All material used in presentations before the Board will ecorne a permanent part of the record. Any person Who decides to appeal a decision of the Board W41 need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim .record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in the proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier - County 11acilities Management , Department, located at 3335 Tamiarni Trail East, Suite 101, Building W, Naples, Florida 34112, (239) 252-8380, Assist"] listening devices for the hearing impaired ark- available in the County Commissioners' office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE. CHAIRMAN DWIGHT E. BROCK, CLERK By. Ann JLone-john, Deputy Clerk (SEAL) JuIV 4. 2012 No, 1954637 17J Ann P. Jennejohn From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Friday, June 29, 2012 1:09 PM To: Ann P. Jennejohn Cc: Williams, Steven; Gundlach, Nancy Subject: RE: Request forBCC Advertising for Naples Reserve RPUD IM Per Steve Williams, the title in ad must match the Ordinance title which is "one mile." Thanks for your help! We will wait for the revised proof. MM From: Ann P. Jennejohn [mailto•Ann Jennejohn @collierclerk.coml Sent: Friday, June 29, 2012 12:09 PM To: NeetVirginia Subject: FW: Request forBCC Advertising for Naples Reserve RPUD Please let me know what you want me to do. Thank you! From: GundlachNancy Lmai Ito: NangyGundlachCabcolliergov.netl Sent: Wednesday, June 20, 2012 5:01 PM To: Ann P. Jennejohn Subject: RE: Request forBCC Advertising for Naples Reserve RPUD Hi Ann, It is 1/3 of a mile north of US 41. Thanks for double checking- Nancy From: Ann P. Jennejohn Imailto•Ann Jennejohn(dcollierclerk.coml Sent: Wednesday, June 20, 2012 4:41 PM To: GundlachNancy Subject: RE: Request forBCC Advertising for Naples Reserve RPUD Sorry top bug you Nancy, I have a really quick question. On the info you sent earlier for the Naples Reserve, the description in the actual Ordinance title document references the property as located one mile north of US 41 .......... and the notice description attached to the legal advertising request references the property as located one -third of a mile north of US 41...... I don't want to advertise the wrong description; do you know off -hand if it's a mile north of 41? Or is it one -third of a mile north of 41? Thanks for your help O Ann 1 Ann P. Jennejohn From: Sent: To: Subject: Attachments: Ann, I made that change. Thank You, Naples News Legals Thank you for placing your ad. Date 06/29/12 Publication NON Account Number 744102 Ad Number 1954637 Total Ad Cost $269.70 Green, Amy <AGreen @Naplesnews.com> Friday, June 29, 2012 1:35 PM Ann P. Jennejohn Ad Confirmation UAS1438jpg 17J 17J NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given -that on Tuesday, July 24, 2012, in the 13cordroorn,3rd Floor, Administration Building, Collier County Government Center, 3299 Tarniarni Trail East, Naples, Florida, the Board of County Commissioners vVill consider enactment of a County ordinance. The meeting will commence at 9;00 A,IVI. The title of the propwied Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE 140.07-71, THE NAPLES RE-SERVE GOLF CLUB RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO REMOVE A GOLF COURSE FROM THE RPUD; PROVIDING FOR AMENDMENTS TO PERMITTED USES, wiTmENTS, AND'PROVIDING AN EFFECTIVE DATE, SUBJECT EATED ONE MILE N08TI-I OF US 41 AND 1-112 MILES EAST OF ARD (CR,951') IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 UN rY, FLORIDA CONSISTING OF 688 44- ACRES. Copies of the propawd Ordinance are oil file With the Clerk to the Board and are available for irispection. All interested parties are invited to attend and be heard. NOTE All persons 4vi5hinq to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed Individual speakers km,-ill be limited to 3 minutes on any item. The selection of an individual tospeak on behalf of an organization or group is encouraged. if recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak an an itern. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearitig, in any case, written materials intended to be considered by the Board shall be submitted to the appropriate county staff a minimum of seven days rjor to the public hearing. All material used in presl?ntatiGM 1*fore the Board will geco"we a permanent part of the record Any person who decicles, to appeal a de6sion of the Board 1011 need a record of the proceedings ing5 pertaining thereto and therefore, may need to ensure that a verbatim record of the proceeclings is made. which record includes the testimony and evidence upon Athich the appeal ppeal is basecL If you area person with a disability ,,vho needs any accommodation in order to participate in the proceeding, you are entitled, art no. cost to you, to the provision. of certain assistance. Please contact the Collier County Facilities Management Department, locate=d at 3335 Tamiarm Trail East, Suite 101, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED CGYLE, CHAIRMAN DWIGHT E, BROCK, CLERK By Ann leimejohn, Deputy Clerk (SEAL) July 4, 2012 No. 1954637 Ann P Jennejohn From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Friday, June 29, 2012 1:55 PM To: Ann P. Jennejohn Subject: FW: Ad Confirmation - - - -- Original Message---- - From: Williams5teven Sent: Friday, June 29, 2012 1 :54 PM To: NeetVirginia Subject: RE: Ad Confirmation Approved. Steve Steven T. Williams Assistant County Attorney Collier County Attorney's Office 3299 Tamiami Trail East, Ste. 800 Naples, FL 34112 -5749 Telephone: (239) 252 -8400 - - - -- Original Message---- - From: NeetVirginia Sent: Friday, June 29, 2012 1:39 PM To: Williams5teven Subject: FW: Ad Confirmation - - - -- Original Message---- - From: Ann P. Jennejohn fmaiIto :Ann Jennejohn@collierclerk.coml Sent: Friday, June 29, 2012 1 :38 PM To: NeetVirginia Subject: FW: Ad Confirmation Here's the revised Naples Reserve RPUD, Dinny. Please let me know if I can give NON the go- ahead. Thank you! Ann 1 17J 17J From: Naples Daily News jmailto :naplesnewsCslclicknbuy.coml Sent: Tuesday, July 03, 2012 11:08 PM To: Martha S. Vergara FW: Ann P. Jennejohn <Ann.Jennejohn @collierclerk.com Subject: Thank you for placing your classified advertisement. Ad # 1954637 Thank you for placing your classified advertisement The following represents the current text of your advertisement: NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, July 24, 2012 , in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, the Board of County Commissioners will consider enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 07 -71, THE NAPLES RESERVE GOLF CLUB RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO REMOVE A GOLF COURSE FROM THE RPUD; PROVIDING FOR AMENDMENTS TO PERMITTED USES; PROVIDING FOR AMENDMENTS TO DEVELOPMENT STANDARDS; PROVIDING FOR AMENDMENTS TO MASTER PLAN; PROVIDING FOR AMENDMENTS TO LIST OF REQUESTED DEVIATIONS FROM LDC; PROVIDING FOR AMENDMENTS TO LIST OF DEVELOPER COMMITMENTS; AND PROVIDING AN EFFECTIVE DATE. SUBJECT PROPERTY IS LOCATED ONE MILE NORTH OF US 41 AND 1 -1/2 MILES EAST OF COLLIER BOULEVARD (CR 95 1) IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 688 + /ACRES. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in the proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) July 4, 2012 No. 1954637 Naples Daily News 17J Naples, FL 34110 Affidavit of Publication Naples Daily News -------------------------------------------------- +------------------ - - - - -- BCC /ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 REFERENCE: 068779 59693359 NOTICE OF INTENT TO State of Florida Counties of Collier and Lee Before the undersigned authority, person< appeared Barbara Boyer, says that she serv( the Sales Coordinator, of the Naples Daily daily newspaper published at Naples, in Co County, Florida: distributed in Collier and Lee counties of Florida; that the attached copy of adverti published in said newspaper on dates liste Affiant further says that the said Naple News is a newspaper published at Naples, is Collier County, Florida, and that the said newspaper has heretofore been continuously day and has been entered as second class m matter at the post office in Naples, in sa Collier County, Florida, for a period of 1 next preceding the first publication of th attached copy of advertisement; and affiar further says that he has neither paid nor promised any person, firm or corporation discount, rebate, commission or refund fo: purpose of securing this advertisement fo.- publication in the said newspaper. PUBLISHED ON: 07/04 AD SPACE: 90 LINE FILED ON: 07/04/12 Signature of Affian Sworn to and Subscribed bef NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, July 24, 2012, in the Boardroom, 3rd Floor, Administration Building Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, the Board of County Commissioners will consider enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY •COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 07 -71, THE NAPLES RESERVE GOLF CLUB RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO- REMOVE _ -A GOLF COURSE FROM THE RPUD; PROVIDING FOR AMENDMENTS TO PERMITTED USES; PROVIDING FOR AMENDMENTS TO DEVELOPMENT STANDARDS; PROVIDING FOR AMENDMENTS TO MASTER PLAN; PROVIDING FOR AMENDMENTS TO LIST OF REQUESTED DEVIATIONS FROM LDC; PROVIDING FOR AMENDMENTS TO LIST OF DEVELOPER COMMITMENTS; AND PROVIDING AN EFFECTIVE DATE. SUBJECT COLLIER BOULEOVARD (CR 951) IN SECTIONO1, TOWN HIP 51 1-1/2 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 688 +/- ACRES. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must - register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in the proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East,' Suite 101, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROC`K, CLERK By: Ann Jennejohn, Deputy Clerk -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - S -of Personally known by me (t'ut-t, I (;(,luy UjK-A CAROL PAWLINSKI MY COMMISSION # EE 45538 EXPIRES: November 28, 2014 Bonded Thru Pichard Insurance Agency 20 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17J TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEN TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR S GNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Otlice. The com feted routine slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the docum nt is already complete with the exception of the Chairman's signature, draw a line throu routin lines #I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initi is Date (List in routing order) 1. Judy Puig GMD -P & R/Operations & �f RPm,lntnry Mornt_ Tent. i °ll �L 0 3 4. 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners 6. Minutes and Records Clerk of Court's Office h�ti6�c�- 1 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff =Nancy undlach Phone Number 239 - 252 -2484 Contact a ro riate. Agenda Date Item was July 24, 2012 Agenda Item Number 17.J. A roved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance N Number of Original 1 Attached (�CJ! r Documents Attached r X. f'AF.f W1 .iCT IU Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is !(Initial) es N/A (Not a ro riate. Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain ' time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. document was approved by the BCC on July 24, 2012 and all changes made 1The during the meeting have been incorporated in the attached document. The County @k Attorney's Office has reviewed the changes, if applicable. IU 17J � Martha S. Vergara From: AshtonHeidi <HeidiAshton @colliergov.net> Sent: Thursday, July 26, 2012 3:05 PM To: Martha S. Vergara; Bonham, Gail Cc: Gundlach, Nancy Subject: RE: Ordinance 2012 -29 (Agenda Item #17J from the 7/24/12 BCC Meeting) NAPLES RESERVE Martha, Thanks for bringing this to my attention. Exhibit D should not have been attached as an Exhibit in the first place. To fix this error, I would have to renumber the documents. I am uncomfortable making the change after BCC approval. Please process it with this error. Thanks for raising the issue. qe.& Aliit. -6z& Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 From: Martha S. Vergara [ mai Ito: Martha .Vergara(a)colIierclerk.coml Sent: Thursday, July 26, 2012 2:54 PM To: AshtonHeidi; BonhamGail Subject: RE: Ordinance 2012 -29 (Agenda Item #173 from the 7/24/12 BCC Meeting) Yes I am thanks!! From: AshtonHeidi [ mai Ito: HeidiAshton(abcolIieraov.netl Sent: Thursday, July 26, 2012 2:53 PM To: Bonham, Gail Cc: Martha S. Vergara Subject: FW: Ordinance 2012 -29 (Agenda Item #173 from the 7/24/12 BCC Meeting) Gail, Please pull the file. Thanks. I think this is Naples Reserve. I think Martha is saying exhibit D -legal description is not on the list of exhibits although it is attached as an exhibit. qe,4 '44/"r"- e, " 6 Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 From: Martha S. Vergara Imailto: Martha .Vergara(abcollierclerk.coml Sent: Thursday, July 26, 2012 2:49 PM To: AshtonHeidi; RodriguezWanda 17J Subject: Ordinance 2012 -29 (Agenda Item #17J from the 7/24/12 BCC Meeting) Hi Heidi & Wanda, Since Steve is no longer here I was wondering who do I ask the following question: On the signature page (pg. 3) for this ordinance Exhibit D — Legal Description isn't listed, can that be fixed? The Agenda does have the same thing, it's just not listed? Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara&collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the Coll ierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e -mail addresses are public records. It you do not want your e -mail address released in response to a public records request: do riot send electronic rnail to this entity. Instead, contact this office by telephone or in writing. 17',1 ORDINANCE NO. 12 - 2 99 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 07 -71, THE NAPLES RESERVE GOLF CLUB RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO REMOVE A GOLF COURSE FROM THE RPUD; PROVIDING FOR AMENDMENTS TO PERMITTED USES; PROVIDING FOR AMENDMENTS TO DEVELOPMENT STANDARDS; PROVIDING FOR AMENDMENTS TO MASTER PLAN; PROVIDING FOR AMENDMENTS TO LIST OF REQUESTED DEVIATIONS FROM LDC; PROVIDING FOR AMENDMENTS TO LIST OF DEVELOPER COMMITMENTS; AND PROVIDING AN EFFECTIVE DATE. SUBJECT PROPERTY IS LOCATED ONE MILE NORTH OF US 41 AND 1 -1/2 MILES EAST OF COLLIER BOULEVARD (CR 951) IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 688 + /- ACRES. WHEREAS, on November 13, 2007, the Board of County Commissioners approved Ordinance No. 07 -71, which established the Naples Reserve Golf Club Residential Planned Unit Development (RPUD); and WHEREAS, Dwight Nadeau, AICP, of RWA, Inc. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., representing SFI Naples Reserve, LLC, petitioned the Board of County Commissioners of Collier County, Florida to amend Ordinance 07 -71, the Naples Reserve Golf Club RPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION 1: AMENDMENTS TO EXHIBIT A, LIST OF ALLOWABLE USES, OF ORDINANCE NUMBER 07 -71, NAPLES RESERVE GOLF CLUB RPUD The List of Allowable Uses, previously attached as Exhibit A to Ordinance Number 07 -71, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit A, List of Allowable Uses, attached hereto and incorporated by reference herein. Naples Reserve / PL2011 -1168 Rev. A/10/12 Words stfuek through are deleted; words underlined are added. Page 1 of 3 17J SECTION II: AMENDMENTS TO EXHIBIT B, DEVELOPMENT STANDARDS TABLE, OF ORDINANCE NUMBER 07 -71, NAPLES RESERVE GOLF CLUB RPUD The Development Standards Table, previously attached as Exhibit B to Ordinance Number 07 -71, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit B, Development Standards, attached hereto and incorporated by reference herein. SECTION III: AMENDMENTS TO EXHIBIT C, MASTER PLAN, OF ORDINANCE NUMBER 07 -71, NAPLES RESERVE GOLF CLUB RPUD The Master Plan, previously attached as Exhibit C to Ordinance Number 07 -71, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit C, Master Plan, attached hereto and incorporated by reference herein. SECTION IV: AMENDMENTS TO EXHIBIT E, LIST OF REQUESTED DEVIATIONS FROM LDC, OF ORDINANCE NUMBER 07 -71, NAPLES RESERVE GOLF CLUB RPUD The List of Requested Deviations from LDC, previously attached as Exhibit E to Ordinance Number 07 -71, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit E, List of Requested Deviations from LDC, attached hereto and incorporated by reference herein. SECTION V: AMENDMENTS TO EXHIBIT F, LIST OF DEVELOPER COMMITMENTS, OF ORDINANCE NUMBER 07 -71, NAPLES RESERVE GOLF CLUB RPUD The List of Developer Commitments, previously attached as Exhibit F to Ordinance Number 07 -71, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit F, List of Developer Commitments, attached hereto and incorporated by reference herein. SECTION VI: EFFECTIVE DATE Except as amended herein, the remaining provisions within Collier County Ordinance No. 07 -71 remain in full force and effect. This Ordinance shall become effective upon filing with the Department of State. Naples Reserve / PL2011 -1168 Rev. 4/20/ 12 Words ' `hroug" are deleted; words underlined are added. Page 2 of 3 17J PASSED AND DULY ADOPTED by super- majority vote by the Board of County Commissioners of Collier County, Florida, this 2 day of I , 2012. ATT _ESV ^ DV I T E. BIKGO 'K, CLERK By T - Ip ty Cle k it+�rw�ri iM�aj. Approved as to form and legal sufficiency: even T. Williams �.(�✓ Assistant County Attorney '{J� BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA r"7 7 l By: FRED COYLE, Chairman . Attachments: Exhibit A — List of Allowable Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit E — List of Requested Deviations Exhibit F — List of Developer Commitments 11- CPS - 01115/ 18 Naples Reserve / PL2011 -1168 Rev. 4/20/12 Words stmek thfough are deleted; words underlined are added. Page 3 of 3 EXHIBIT A 17J PROJECT LAND USE TRACTS TYPE UNITS/FT. ACREAGE± TRACT "R" RESIDENTIAL 1154 592.8 TRACT "RA" RECREATION AREA 0 31.6 TRACT "P" PRESERVE 0 63.7 TOTAL: 688.1 I TRACT R PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Single - family detached dwellings; 2) Single - family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 3) Villa/patio dwellings (detached single - family dwellings of a smaller scale than the typical single - family detached dwelling); 4) Multi- family dwellings; 5) Model homes; 6) Commercial excavations for all lakes identified as "L" on Exhibit C — RPUD Master Plan (subject to Exhibit F: List of Developer Commitments, Transportation Item D); 7) Project sales, construction and administrative offices, which may occur in residential, and/or in temporary structures. 8) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (`BZA ") by the process outlined in the Land Development Code (LDC). Naples Reserve PL- 20110001168 06/07/2012 Page 1 of 11 17J B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Customary accessory uses and structures including, but not limited to, private garages, swimming pools with, or without screened enclosures, gatehouses, and other outdoor recreation facilities; 2) Polling place if deemed warranted by the Supervisor of Elections. II TRACT RA PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses Typically Accessory to Residential Development: 1) Structures intended to provide social and recreational space (private, intended for use by the residents and their guest only); 2) Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playground improvements /facilities, and passive and /or active water features. 3) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (`BZA ") by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures constructed for purposes of maintenance, storage or shelter with appropriate screening and landscaping. Naples Reserve PL- 20110001168 06/07/2012 Page 2 of 11 17J EXHIBIT B DEVELOPMENT STANDARDS GENERAL: Development of The Naples Reserve RPUD shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, subdivision plat, site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and /or homeowners' association boundaries shall not be utilized for determining development standards. Table I below sets forth the development standards for land uses within the Residential PUD Residential Subdistrict (Tract "W'). Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. MAXIMUM DENSITY: There shall be no more than 1154 residential dwelling units permitted which provides for a maximum gross density of 1.67 dwelling units per acre. A minimum of 612 Transfer of Development Rights Credits shall be obtained to achieve the maximum gross density. SIGNS For the purposes of this RPUD, the LDC provisions from Section 5.06.02.13.6. are applicable for off - premise signage. Please see Deviation #2 in Exhibit E. This off -site signage opportunity may only be implemented after such signage is allowed in the Walnut Lakes PUD. Naples Reserve PL- 20110001168 06/07/2012 Page 3 of 11 17J 0 H,- TABLE I RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE FAMILY SINGLE FAMILY PATIO HOME MULTI- CLUBHOUSE/ DETACHED ATTACHED & 8, VILLAS FAMILY RECREATION TOWNHOUSE BUILDINGS PRINCIPAL STRUCTURES MINIMUM LOT AREA 6,000 S.F. PER 2,250 S.F. PER 5,000 S.F. PER 2,250 S.F. PER 10,000 S.F. SIDE UNIT UNIT UNIT UNIT '/z BH MAXIMUM LOT AREA 1 Acre N/A N/A N/A N/A N/A MINIMUM LOT WIDTH 40 FEET 25 FEET 25 FEET S.F 25 FEET 1,000 S.F. /D.U. N/A MINIMUM FLOOR AREA 1,000 S.F 1,000 S.F 1,000 10 FEET 10 FEET MIN FRONT YARD 20 FEET* 20 FEET 20 FEET 20 FEET* 25 FEET MIN SIDE YARD 6 FEET 0 FEET or 3 FEET or GREATER OF 10 GREATER OF BETWEEN STRUCTURES 6 FEET 9 FEET ** FEET OR '/z BH 15 FEET OR '/z MAX. BUILDING HEIGHT NOT 35 FEET 35 FEET 35 FEET 35 FEET BH, MIN REAR YARD 15 FEET 15 FEET 15 FEET 15 FEET 5 TO EXCEED (ACTUAL) FEET ORR' /OBH MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN. DISTANCE BETWEEN 12 FEET 12 FEET 12 FEET GREATER OF 20 GREATER OF 15 FEET OR 1/2 THE FEET OR 1/2 BH STRUCTURES SUM OF BH MAX. BUILDING HEIGHT NOT 35 FEET 40 FEET 35 FEET 55 FEET 50 FEET TO EXCEED (ZONED) MAX. BUILDING HEIGHT NOT 45 FEET 50 FEET 45 FEET 65 FEET 60 FEET TO EXCEED (ACTUAL) ACCESSORY STRUCTURES FRONT S.P.S. S.P.S. S.P.S. S.P.S. 20 FEET SIDE S.P.S. S.P.S. S.P.S. S.P.S. '/z BH REAR (ATTACHED) 5 FEET 5 FEET 5 FEET 5 FEET 10 FEET (DETACHED) 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MINIMUM DISTANCE 12 FEET 12 FEET 12 FEET 12 FEET Greater of H feet or 1/2 BH BETWEEN STRUCTURES MAX. BUILDING HEIGHT NOT 35 FEET 35 FEET 35 FEET 35 FEET 40 FEET TO EXCEED (ZONED) MAX. BUILDING HEIGHT NOT 45 FEET 45 FEET 45 FEET 45 FEET 50 FEET TO EXCEED (ACTUAL) S.P.S. = Same as Principal Structures BH = Building Height — unless otherwise noted, all building heights shall be "zoned" building heights, as defined in the LDC. *: Residences with side loaded garages may have a minimum 15 foot front yard * *: A three (3') foot setback shall be permitted only where nine (9') feet is provided on the adjacent lot. Naples Reserve PL- 20110001168 06/07/2012 Page 4 of 11 PROF LI Notes: 17J 1) No structures are permitted in the required 20 -foot lake maintenance easement. No setback is required for structures adjacent to a lake maintenance easement. 2) Side yards — No side yard shall be required between units internal to a structure, when more than one residential unit is in a single structure (i.e.: attached single - family and townhomes). Varying side yards are provided to allow side entry garages and to maintain the required separation between buildings. 3) Terraced setbacks are permitted for either two or three story multi - family structures. Setbacks shall be measured from that ground floor exterior wall of lesser height as long as a minimum 15 foot building wall setback is provided as depicted in Figure 1 below. 4) Entrance features (i.e.: monuments, clock towers and colonnades) may be located at the project entrance and shall be limited to a maximum height of 50 feet. 5) For all residential units, garages must be located a minimum of 23 feet from the back of the sidewalk located in the street rights -of -way closest to the garage, except for side load garages, wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to avoid vehicles being parked across a portion, or all of the referenced sidewalk. Figure 1 Naples Reserve PL- 20110001168 06/07/2012 Page 5 of 11 17J EXHIBIT C MASTER PLAN Naples Reserve PL- 20110001168 06/07/2012 Page 6 of 11 17J EXHIBIT D Legal Description All of Section 1, Township 51 South, Range 26 East, Collier County, Florida Naples Reserve PL- 20110001168 06/07/2012 Page 7 of 11 17J EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Deviation #1 seeks relief from LDC Section 5.04.04.B.5.c., that limits the number of model homes to allow one model home for each variant of the residential product proposed in the project. The number of model homes may exceed five for each phase or community within the project, but shall not exceed a total of fifteen. Deviation #2 seeks relief from LDC Section 5.06.02 13.6. that allows ground/residential entrance signage only on -site within residential zoning districts, to allow ground/residential entrance signage outside of the residential zoning district that the signage will serve. This off -site ground /residential entrance signage shall be permitted in close proximity to the US -41 Right -of -Way within the Walnut Lakes PUD. This deviation may only be implemented upon such signage being allowed by the Walnut Lakes PUD. Naples Reserve PL- 20110001168 06/07/2012 Page 8 of 11 17J EXHIBIT F LIST OF DEVELOPER COMMITMENTS TRANSPORTATION The development of this RPUD shall be subject to and governed by the following conditions: A. The RPUD Master Plan reflects a 100' wide reservation for dedication along the western boundary of the RPUD. Should the County find that it is appropriate to improve that corridor, the Developer, its successor, or assigns shall agree to be a part of a joint permit application with Collier County for the specific purpose of modifying the existing conservation easement. All costs associated with the potential conservation easement modification, including any required mitigation shall be the responsibility of the County. The 100' reservation shall be dedicated to the County at no cost, and in fee simple title within 180 days of the County's request. The developer shall provide a storm water management system within the RPUD boundary for treatment /retention of storm water from the 100 foot reservation area. B. The Developer agrees to provide mitigation for traffic impacts as detailed in the companion Developer's Contribution Agreement [DCA] in order to provide consistency with policy 5.1 of the Transportation Element of the Growth Management Plan." The DCA provides for improvements to the intersection of US -41 and Collier Boulevard, and/or US -41 east of Collier Boulevard. C. If warranted and approved by the County, the developer shall be responsible for the proportionate fair share cost of a traffic signal, or turn lane extension/expansion, at the intersection of Naples Reserve Boulevard and US41 Tamiami Trail. If Naples Reserve Boulevard should become a Public Roadway in the future, then the proportionate share requirement shall apply to this development's entrance where it intersects with Naples Reserve Boulevard. Upon completion of the installation, inspection, burn -in period and final approval /acceptance of traffic signal at either location mentioned in the previous paragraph, ownership and maintenance of the signal shall be turned over to Collier County. Any negotiations relevant to fair share payments or reimbursements from any and all other neighboring developers /property owners that directly benefit from said traffic signal, will be determined based upon the percentage of usage /impact." D. Excavated material in an amount up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated may be removed from the development with no prohibition as to the destination of the material. Excavated material in excess of up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated, may be removed from the development and be transported off -site only for use in the US -41 roadway widening project from the intersection of US 41 and Collier Boulevard to the intersection of US 41 and CR 92, and subject to the excavation provisions from the Code of Ordinances as may be amended, however the following paragraph will continue to apply: "Issuance of commercial excavation permits. Applications for commercial excavation permits shall be reviewed by the community development and environmental services administrator, or his designee, and by the environmental advisory council for recommendation and approved by the board. When a request is made to remove surplus fill material from a previously approved development excavation, the requirement for review by the environmental advisory council shall be waved, but dependent on haul route and amount of fill to be hauled, staff may require approval by Collier County Planning Commission." E. At project buildout, a secondary access point for resident use shall be provided off of Greenway Road. Naples Reserve PL- 20110001168 06/07/2012 Page 9 of 11 17'J ' � ENVIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. The Naples Reserve RPUD shall preserve 63.7 acres of vegetated areas consistent with the Land Use Summary on Exhibit C RPUD Master Plan. PLANNING A. In order to increase residential density above the base density allowed in the Urban -Mixed Use District, Residential Fringe Subdistrict and the Agricultural /Rural - Rural Fringe Mixed Use District, Receiving Lands, 612 TDR Credits shall be severed from qualifying Sending Lands, of which a minimum of 311 TDR Credits shall be severed from Sending Lands within one mile of the Urban Area. B. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close -out of the PUD. At the time of this PUD approval, the Managing Entity is SFI Naples Reserve, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD are closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. C. Construction of the clubhouse will commence prior to the issuance of the Certificate of Occupancy (CO) for the 231x` residential dwelling unit. WATER MANAGEMENT A. Constructed drainage facilities and structures shall be located outside the boundaries of conservation easements /preserves. B. The project's stormwater management system shall be designed to fully contain the 100- year /72- hour design storm event with a regulated discharge rate not to exceed 0.08 cfs /acre and no increase in total volume of discharge. C. All elevations shall be based on the North American Vertical Datum (NAVD). UTILITIES AND ENGINEERING A. The owner shall reserve four areas to potentially be dedicated to the Collier County Water -Sewer District for raw water well easements with dimensions of 100 -foot by 100 -foot each, along with utility /access easements that shall be 20 feet wide, or less if the well site is contiguous to a public right -of -way. The approximate locations of these four proposed easements are depicted on the Naples Reserve PL- 20110001168 06/07/2012 Page 10 of 11 17J proposed Master Plan. One of these four wells may be used as a test well and converted to a production well. The test well will not be converted into a production well until the water management lakes proposed near the test well are constructed in accordance with the 50 foot setback standard. No additional production wells will be installed until the project's water management lakes have been constructed or the year 2027, whichever is earlier. Upon request of the Collier County Water- Sewer District, the owner shall convey to the Collier County Water- Sewer District the requested utility /access easements and raw water well easements within 60 days, free and clear of all liens and encumbrances. The Collier County Water- Sewer District shall pay the owner $15,930 per acre for those easements that are conveyed or dedicated to the Collier County Water- Sewer District. If all or some of the conveyances have not been requested by the Collier County Water- Sewer District at the earlier of Site Development Plan ( "SDP ") and /or final construction plans and plat ( "PPL ") approval or within six years of approval of this Ordinance, then the reserved areas shall be deemed released. At the time of the SDP and/or PPL submittal, the owner shall show the well site reservations applicable to the area within the SDP and/or plat. During the review of the SDP and /or PPL, the Collier County Water- Sewer District shall decide at that time whether it will request the dedication of the utility /access easement. Failure to request the utility /access easement shall be deemed a release of the utility /access easement and the final SDP and /or PPL shall be approved without the utility /access easement. Naples Reserve PL- 20110001168 06/07/2012 Page 11 of 11 17J , ", STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2012 -29 which was adopted by the Board of County Commissioners on the 24th day of July, 2012, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of July, 2012. DWIGHT E. BROC,��FR Clerk of Cou Z s.�and Clotk. Ex- officio .t &:. ab`bard -of _- County Commi?c$i=on' -_rs- By: Martha Vergara, Deputy Clerk ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 17J THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ff " **NEW** ROUTING SLIP / I� 4 � Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the docum is al ady complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Jennifer A. Belpedio, Esq. Asst. County Attorney County Atty. IV\ County Attorney's Office o' 2. BCC Office Board of County F Commissioners `��/ `\ ek\—\ 3. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff C.Perry Peeples Phone Number 239-252-80 3 Contact/ Department Agenda Date Item was July 24,2012 Agenda Item Number 17.J Approved by the BCC Type of Document Easement Agreement& Number of Original 2 Attached Utility and Access Easement Documents Attached PO number or account Account: Fund 412, Cost Center 273512, RECORDING FORM number if document is Object Code 649030, Project 70014.1 ATTACHED to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 91-42t- M e 6 (/ CPP 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CPP document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CPP signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on July 24,2012,and all changes made CPP during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for t 3,003, Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 I7J Martha S. Vergara From: Martha S. Vergara Sent: Tuesday,January 31, 2017 4:04 PM To: 'PerryPeeples@colliergov.net' Subject: Naples Reserve - Right-of-Entry Attachments: Perry Peeples.pdf Hi Perry, Attached for your records is a scanned copy of the aforementioned Recorded Document. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara(ae,collierclerk.com 1 7 Memorandum 1 J TO: Minutes & Records Management FROM: Perry Peeples, Real Property Management DATE: December 30, 2016 RE: Naples Reserve Raw Water Wells The Board of County Commissioners accepted and approved the recording of this Easement as a part of the Developer Commitments contained in the PUD Amendment on July 24, 2012, Ordinance 2012-29. Attached is the original Easement Agreement for attestation. Please attest to Commissioner Fiala's signature as Chairman on the Easement Agreement and return a copy to me in Real Property Management. An original Easement and recording form are also attached. Please contact me if you have any questions or comments at Extension 8073. Thank you. j7j Martha S. Vergara From: Belpedio, Jennifer Sent: Thursday,January 12, 2017 1:00 PM To: Martha S. Vergara Cc: Neet, Virginia Subject: FW:YY-1456 BCC Meeting 11/13/12 and prior meetings Agenda Items - post board review of items: Attachments: Item 17-J (Easement Agreement and Utility Access p.pdf Martha, Thank you for bringing these issues to our attention. May I come down and handwrite these changes into the document?They are not substantive. Jennifer From: NeetVirginia Sent: Thursday, January 12, 2017 11:58 AM To: BelpedioJennifer Subject: YY-1456 BCC Meeting 11/13/12 and prior meetings Agenda Items - post board review of items: I delivered the attached to the Clerk to the Board yesterday. Unfortunately, I scanned the document as a two-sided one so every other page is blank. Martha called because the signature block does not reference the water-sewer district to match the first paragraph. Also,the documents(top right corner) reference"Resolution" No. 2012-29 instead of"Ordinance" No. 2012-29. Martha's number is 7240. Please let us know how to correct. Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066 - Fax (239) 252-6600 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 17J INSTR 5356345 OR 5353 PG 1238 RECORDED 1/13/2017 10:55 AM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT PROJECT: Naples Reserve COLLIER COUNTY FLORIDA PARCEL: Raw Water Wells 1-3 DOC@.70$0.70 REC$44.00 FOLIO: 63045030467 & 63045030645 Accepted by the BCC pursuant to RResututiurt 2012-29 UTILITY AND ACCESS EASEMENT fa THIS UTILITY AND ACCESS EASEMENT is made and entered into this I �{ day of t C.etrr , 2016, by SFI NAPLES RESERVE, LLC a Delaware limited liability company, by its undersigned Managing Member, whose mailing address is do ISTAR Financial, Inc., 1114 Avenue of the Americas, 39th Floor, New York, NY 10036, (hereinafter referred to as "Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, its successors and assigns (hereinafter referred to as "Grantee"). Wherever used herein, the terms "Grantor" and "Grantee" include all parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires. WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement for the purpose of access and utilities upon, under and across the property described in Exhibit "A", attached hereto and incorporated herein by reference, subject to easements, restrictions, and reservations of record. THIS PROPERTY IS NOT HOMESTEAD OF GRANTOR. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to install, construct, operate and maintain utilities and utility facilities, including, but not limited to raw water wells and transmission pipes, together with the right of access to perform any such purpose. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. * RE-REM 10 SDI CUISILERATIGI INSTR 5359840 OR 5356 PG 990 RECORDED 1/24/2017 1 52 PM PAGES 5 RE-RECORD DWIGHT E BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA CON@.70$21.70 REC$44 00 CONS$3,170.07 17J IN WITNESS WHEREOF, the Grantor has caused this Utility and Access Easement to be executed the date and year first above written. ATTES SFI NAPLES RESERVE, LLC PaVud241 a Delaware limited liability company Witness Sig ture By: ISTAR, Inc. Its: Managing 'il-mbe 54k,7g Afse1/45:g // Print Name By: , Name: /. • , ,✓ 't7 , ,J Witness ignature Its: ��' ; , X. • fifS? Print Name e ACKNOWLEDGMENT STATE OF ,1',i/iii ) COUNTY OF ��/y/,./p/rt'. ) �� The foregoing Utility and Access E ement was acknowledged before me this /L9day of (,/GC• , 2016, by �je,/ fit9¢A5 as VP of ISTAR, Inc. as managing member of SFI Naples Reserve, LLC, who is personally known to me or has produced X 'c [type of I.D.] as identification. "it/ . [Signature of Notary] (Affix Notary Seal) ,4i • e /eivsf1 [Print N me of Notary] Commission # le Y525 My Commission Expires: AVM- /6, (9619 ( yrs A.C.PARRISH I Approved as to form and legality: Nosey Niko•SUM o1 Raids ( ll COMMISSION 1 IT 154525 1 t• w Comm.holm Mar 15,2019 Jenni er A. BelpedioBy: a-R3L - ^\� Assistant County Attorney \,-,\ Culp, 17J Won-ootoitxa1u-sm2oie\miasss\51MTCHEsVE UE To NI ar SK001.d,g B/3/1018 11:31024,w Roiled by:18r.kKomoll /THIS IS NOT A SURVEY / / N ' / / / iv= I TRACT / / L5 Ct R 1 REC1 I EXHIBIT,...../'n // / TRACT P2 L4 Ls I 1 Psge of_../ // // �' 20.0' AE I \\ // / / J PER PLAT / \ / - 7 / // 0 100 200 & NAPLES RESERVE PHASE V / 1" = 200' UNE TABLE J. a / P.B. 53, PG. 89-101 // LINE DIRECTION LENGTH '& / ---- i L1 N74'56'44"W 54.53TRACT 12 N36'30'271 54.74 0S13 SLI L107 i/ L3 N06'52'11"W 84.03 -:-'\_.../.../ POB CURVE TABLE L4 NO1'52'11"1W 25.49 i NAPLES RESERVE CURVE RADIUS DELTA ANGLE CHORD CHORD BEARING ARC LENGTH 15 N90'00'00"E 20.01 // BOULEVARD Cl 40.00 111.27'11" 68.11 N191310811177.81 / 16 SO1'52'11"E 18.70 ' C2 40.00 43'22'38" 29.56 N14'491081 30.28 L7 S06'52'11"E 84.03 ABBREVIATIONS C3 100.00 30'48'39" 53.13 N22'16'30"W 53.78 P.B. = PLAT BOOK 1.8 S36101711l 54.74 PG. - PAGE C4 120.00 2735'57" 57.25 S20'40'09"E 57.80 PUB = POINT OF BEGINNING L9 S74'56'44"E 73.15 AE = ACCESS EASEMENT C5 60.00 43'22'38* 44.35 S14'49'08"W 45.42 L10 S58'41'14"W 11.56 CUE = COUNTY UTILITY EASEMENT C6 20.00 111'27'11' 33.05 SI 9'13'081 38.90 II 1 11 I C7 386.00 2'20'26" 15.77 S5731'01"W 15.77 LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA, BEING THE SAME AS AN ACCESS EASEMENT LOCATED WITHIN TRACT REC1, AS SHOWN ON THE PLAT OF NAPLES RESERVE, PHASE I, RECORDED IN PUT BOOK 53, PAGES 89 THROUGH 101 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT REC1, ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF NAPLES RESERVE BOULEVARD, AS SHOWN ON SAID NAPLES RESERVE, PHASE I PLAT, THENCE ALONG THE WESTERLY BOUNDARY OF SAID TRACT REC1, THE FOLLOWING SEVEN DESCRIBED COURSES: 1) THENCE RUN N74'56'44"W FOR A DISTANCE OF 54.53 FEET, TO A TANGENTIAL CURVE; 2) THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 40.00 FEET, THROUGH A DELTA ANGLE OF 111'27'11", AND BEING SUBTENDED BY A CHORD OF 66.11 FEET, AT A BEARING OF N19'13'08"W, FOR AN ARC LENGTH OF 77.81 FEET; 3) THENCE RUN N36'30'27"E FOR A DISTANCE OF 54.74 FEET, TO A TANGENTIAL CURVE; 4) THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, THROUGH A DELTA ANGLE OF 43'22'38", AND BEING SUBTENDED BY A CHORD OF 29.56 FEET, AT A BEARING OF N14'49'08"E, FOR AN ARC LENGTH OF 30.28 FEET; 5) THENCE RUN N06'52'1I"W FOR A DISTANCE OF 84.03 FEET, TO A TANGENTIAL CURVE; 6) THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET, THROUGH A DELTA ANGLE OF 30'48'39", AND BEING SUBTENDED BY A CHORD OF 53.13 FEET, AT A BEARING OF N22'16'30'W, FOR AN ARC LENGTH OF 53.78 FEET; 7) THENCE RUN NO1'52'11"W FOR A DISTANCE OF 25.49 FEET; THENCE ALONG THE SOUTHERLY BOUNDARY OF A 100'X100' COUNTY UTILITY EASEMENT, AS SHOWN ON SAID NAPLES RESERVE, PHASE I PLAT, RUN N90'00'00"E FOR A DISTANCE OF 20.01 FEET; THENCE LEAVING SAID COUNTY UTILITY EASEMENT, RUN S01'52'11"E FOR A DISTANCE OF 18.70 FEET, TO A NON-TANGENTIAL CURVE; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 120.00 FEET, THROUGH A DELTA ANGLE OF 2735'57", AND BEING SUBTENDED BY A CHORD OF 57.25 FEET, AT A BEARING OF S20'40'09"E, FOR AN ARC LENGTH OF 57.80 FEET; THENCE RUN S06'52'11"E FOR A DISTANCE OF 84.03 FEET, TO A TANGENTIAL CURVE; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 60.00 FEET, THROUGH A DELTA ANGLE OF 43'22'38", AND BEING SUBTENDED BY A CHORD OF 44.35 FEET, AT A BEARING OF S14'49'08"W, FOR AN ARC LENGTH OF 45.42 FEET; THENCE RUN S36'30'27111 FOR A DISTANCE OF 54.74 FEET, TO A TANGENTIAL CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH A DELTA ANGLE OF 111'27'11", AND BEING SUBTENDED BY A CHORD OF 33.05 FEET, AT A BEARING OF S19'13'08"E, FOR AN ARC LENGTH OF 38.90 FEET; THENCE RUN S74'56'44"E FOR A DISTANCE OF 73.15 FEET, TO A NON-TANGENTIAL CURVE, ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY UNE OF SAID NAPLES RESERVE BOULEVARD; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND CURVE TO THE RIGHT, HAVING A RADIUS OF 386.00 FEET, THROUGH A DELTA ANGLE OF 02'20'26", AND BEING SUBTENDED BY A CHORD OF 15.77 FEET, AT A BEARING OF S5731.011, FOR AN ARC LENGTH OF 15.77 FEET; THENCE RUN S58'41'14"W FOR A DISTANCE OF 11.56 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, CONTAINING 7,537 SQUARE FEET. Digitally signed by John HOLE MONIES, INC., CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 -';�:1.1.* :'''. Hilton 1 r °;s.c$0:4..C.:, DN:cn=John Hilton, ",; :PG o=Hole Montes, / .1111 _ �\ i :ce ou=Survey J1 • email=johnhlltonephme P.S.M. 16276 * ng.com,c-US 0 STATE OF FLORIDA . Date:2016.08.03 14:27:03-04'00' ' 950 EncoreWayZWEIR R.A.K. • -----mi � .,r Naples, FL. 34110 107 SHEET i ' i1 Mill Phone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION i�Ort"s°s55 SEC-1'M RGE HOLE MONTES Florida Certificate of ' 1-51S-26E 9�r "MS mow"° Authorization No.1772 FllE * . 17J Wim-dotolrnmve-51021s016\2016555\S ETCHESW VE To well SlooVE-IE SXOOxa q 8/4/20M 1a1:46 Pu Roiled by:RioWanex N, THIS IS NOT A SURVEY 1 •/\'>\\\...............---***' `L. _ EXiii \\ WINDWARD LANE Page__2_of.....41.......... �� POC i N89'S5'32"E POB N.W. CORNER OF F-- 2�J / _ 20.00 r 46.09 LOT 1, BLOCK 2C S89'55732V T 1 = 50' / N00'04'28"W / 30.00 //J S00.04'281/ : 30.00 16 / - / 20 005'32"W / 17 I / 1 2 BLOCK 28 I WELL #2 / 100'X100' CUE \ / 1 PER PLAT / I BLOCK 2C I I -- --I L -- - - - JL L . TRACT 0S2 ABBREVIATIONS P.B. = PLAT BOOK PG. = PAGE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT AE = ACCESS EASEMENT CUE = COUNTY UTILITY EASEMENT WL was oa-A Bail Ali a ew EiHil IWO WM M"-e"lir--was Will eew eaa®-�t Wit_aea LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING A PORTION OF TRACT OS2, NAPLES RESERVE, PHASE II. AS RECORDED IN PLAT BOOK 56, PAGES 20 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 2C, AS SHOWN ON SAID NAPLES RESERVE PHASE II PLAT, THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT OS2, RUN S89'55'32"W FOR A DISTANCE OF 46.09 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE LEAVING SAID NORTHERLY BOUNDARY, RUN S00'04'28"E FOR A DISTANCE OF 30.00 FEET, TO A POINT ON THE NORTHERLY BOUNDARY OF A 100'X100' COUNTY UTILITY EASEMENT, AS SHOWN ON SAID PLAT; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID COUNTY UTILITY EASEMENT, RUN S89'55'32"W FOR A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID EASEMENT, RUN NO0'04'28"W FOR A DISTANCE OF 30.00 FEET, TO A POINT ON SAID NORTHERLY BOUNDARY OF TRACT OS2; THENCE ALONG SAID NORTHERLY BOUNDARY, RUN N89'55'32"E FOR A DISTANCE OF 20.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, CONTAINING 600 SQUARE FEET. Digitally signed by HOLE MONTES, INC., CERTIFICATE OF AUTHORIZATION NUMBER LB 1772John Hilton . J.e,;`., DN:cn=John '•1";;'+j`"'ti::L, Hilton,o=Hole ❑a.cva Montes,ou=Survey .OF Department, 1111 • is :;�: emai,=johnhilton@ • P.S.M. #6278 _ hmeng.com,c=US 1 OHN J. HIL •N STATE OF FLORIDA Date:2016.08.03 14:27:25-04'00 g • 950 Encore Way DRAWRIG NO. SHEET OF SHSWWI Naples, FL. 34110 H-108 t , Phone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION P 20 N 55 _ _ HOLE MONTES Florida Certificate of 1-51S-28E 1E RS rwasro SORB Authorization No.1772FRE NAVE 6111910144 17J 11m-datalxv0A7A-51/21201612o1685sl847a ylc L(To W SilMIAE-LIE$ND 1d v WON 1:3&06 Pit Plotted tg INaucan n _ _ �TI-1IS IS NOT A SURVEY N TOPSAIL DRIVE 4XHI)8ET 11 1 POC N.E. CORNER OFP$ge of LOT 1, BLOCK 3A C1 POD T T �? C3 I . 0 25 50 1" .3. 50' J _ ! — LINE TABLE IUNE DIRECTION LENGTH 3 21 Lt S00'19'23"W 24.58 IWELL #3 L2 N8910'37"W 20.00 1001X100' CUE• 1.3 NO019'230 29.50 BLOCK 3A I PER PLAT I I I I 1 : .1 L _ NAPLES RESERVE I PHASE II — — — TRACT 052 P.B. 56, PG. 20-38 1 ABBREVIATIONS P.B. = PLAT BOOK PG. = PAGE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT CURVE TABLE AE = ACCESS EASEMENT 11 CURVE RADIUS DELTA ANGLE CHORD CHORD BEARING ARC LENGTH CUE = COUNTY UTILITY EASEMENT 111 Cl 200.00 4'33'57" 15.93 S79'54'061 15.94 I C2 200.00 317'04" 11.46 S75'58'35"E 11.47 I C3 •200.00 2'37'02" 9.14 S7538'33"E 9.14 I LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING A PORTION OF TRACT 0S2, NAPLES RESERVE, PHASE II, AS RECORDED IN PLAT BOOK 56, PAGES 20 THROUGH 38 OF' THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 3A, AS SHOWN ON SAID NAPLES RESERVE PHASE II PLAT, THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 0S2, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A DELTA ANGLE OF 0413'57", AND BEING SUBTENDED BY A CHORD OF 15.93 FEET, AT A BEARING OF S79'54'06"E, FOR AN ARC LENGTH OF 15.94 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. THENCE CONTINUE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A DELTA ANGLE OF 03'17'04", AND BEING SUBTENDED BY A CHORD OF 11.46 FEET, AT A BEARING OF' S75'58'35"E, FOR AN 1 ARC LENGTH OF 11.47 FEET, TO A TANGENTIAL REVERSE CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 200.00 FEET, THROUGH A DELTA ANGLE OF 0737'02", AND BEING SUBTENDED BY A CHORD OF 9.14 FEET, AT A BEARING OF S75'38'331, FOR AN ARC LENGTH OF 9.14 FEET; THENCE RUN S0019'23"W FOR A DISTANCE OF 24.56 FEET, TO A POINT ON THE NORTHERLY BOUNDARY OF A 100'X100' COUNTY UTILITY EASEMENT; THENCE ALONG SAID NORTHERLY BOUNDARY RUN N89'40'371W FOR A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY, RUN N0019'23"E FOR A DISTANCE OF 29.50 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, CONTAINING 541 SQUARE FEET. Digitally signed by HOLE MONTES, INC., CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 John Hilton "c h'ti'. DN:cn=John Hilton, " r•-:?,' " ,i�-"'-+r�. o=Hole Montes, 4:,.>a • ou=Survey =tars c? Department, / • �_- • . . #6278 r' ?'• ema1l johnhilton@h r------ `'.-' meng. com,c=US BY J� N . HILTON STATE OF FLORIDA - Date:2016.08.03 14:27:45-04'00' '• WN BY: ' • 950 Encore Way DRAWING NO. SHEET /3/16Hill Naples. FL. 34110 H-109 t ,t Phone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION PROJECT NO. s _ _ HOLE MONTES Florida Certificate of 1-61S-26E E "-U°°° Authorisation No.1772 RE NAJE 6 610161_ 17J PROJECT: Naples Reserve PARCEL: Raw Water Wells 1-3 FOLIO NO.: 63045030467 & 63045030645 Accepted by the BCC pursuant to Reselieta-2012-29 Ock d.na n<< r la VA...a r.4.d 71 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between SFI NAPLES RESERVE, LLC, a Delaware limited liability company, by its undersigned Managing Member, (hereinafter referred to as "Owner"), whose mailing address is do (Star Financial, Inc.,1114 Avenue of the Americas, 39th Floor, New York, NY 10036, and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive easement for the purpose of utility installation, construction, operation, and maintenance, including right of access to perform any such purpose, over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Easement to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Easement; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Easement to Purchaser for the sum of Seventeen Thousand Eight Hundred One Dollars and Seventy Seven Cents ($17,801.77), payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Easement to Purchaser. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; 17J provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Easement. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument, and all affidavits and resolutions required by Purchaser's title insurance provider, to Purchaser in a form acceptable to Purchaser. 4. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the property underlying the Easement, and all uses of said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the property underlying the Easement from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, 17J including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below. AS TO PURCHASER: Z DATE AGREEMENT APPROVED BY BCC: -1( 2 1(I ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIE COUNTY, FLORIDA) *S 'c ` 'erW,fe1dW 6 i• h!2i1 BY: • A rst as t'Chairman' 1 ep rk DO NA FIALA, Chairman signature only. €.-o FF t c t wtGo.) e ; CO J - r1 '2' Shu 2 2 (Signature page follows) 0 17J AS TO OWNER: SFI NAPLES RESERVE, LLC a Delaware limited liability company DATED: IZ'/l•/+!/ By: ISTAR, Inc. Its: Mana•' g M-mber By: - s natureQwr, r Name: eD1 en R.PAlielSit / (Print dF Type) Print: .mA42/ /1eg 5 Witness (Si tore) Its: V tt �<(S.1C)Name: /`t• c • peal (Print or Type) Approved as to form and legality: pLA Je fifer A. Belp'-3• . Assistant County A ttorney c ' \-,\ ti 17J kihm-doloVIKIVA-SVA20161201655A,MIESVE LE To nw srte.\Ar ue Srmnt.* 6/1/20:1 1t:3924 All Rotted en ILiddlomoll //THIS IS NOT A SURVEY // // N ,' I 1 CCy tt / / I r CUE PER TRACT I I G � I T / / // L5 I REC1 I 1 .. .� / 1 TRACT P2 L4 S_ilk L6 q. 1 1 Page! of_. / / / 20.0' AE 1 \ / / / PER PLAT / N i // / 0 100 200 NAPLES RESERVE PHASE V // 1" = 200' UNE TABLE �• / P.B. 53, PG. 89-101 // LINE DIRECTION LENGTHS / / L1 N74'56'44"W 54.53 TRACT ! ��- / L2 N36'30'27"E 54.74 0S1-). ,1, L10' L3 N06'52'11"W 84.03 % i i POB CURVE TABLE i L4 N01'52'11'W 25.49 // NAPLES RESERVE CURVE RADIUS DELTA ANGLE CHORD CHORD BEARING ARC LENGTH �� BOULEVARD L5 N90'00100'E 20.01 ✓// C1 40.00 111'27'11" 66.11 N19131081,1 77.81 / L6 S01'52'111E 18.70 ' C2 40.00 43'22138' 29.56 N14'49'08"E 30.28 1.7 SO6'52'111 84.03 ABBREVIATIONS C3 100.00 30'48'39" 53.13 N2216'30'W 53.78 P.B. = PLAT BOOK 1.8 S36'30'27141 54.74 PG. - PAGE C4 120.00 2735'571 57,25 S20'40'09"E 57.80 POB = POINT OF BEGINNING L9 S74'56'44'E 73.15 AE = ACCESS EASEMENT C5 60.00 43'22'38" 44.35 S14 49'08"W 45.42 CUE = COUNTY UTILITY EASEMENT 110 S58'41'14"W 11.56 C6 20.00 111'27'11" 33.05 S1913'081E 38.90 II 1 II I I C7 386.00 210126" 15.77 S5731101111 15.77 LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA, BEING THE SAME AS AN ACCESS EASEMENT LOCATED WITHIN TRACT REC1, AS SHOWN ON THE PLAT OF NAPLES RESERVE, PHASE I, RECORDED IN PLAT 800K 53, PAGES 89 THROUGH 101 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT REC1, ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF NAPLES RESERVE BOULEVARD, AS SHOWN ON SAID NAPLES RESERVE, PHASE I PLAT, THENCE ALONG THE WESTERLY BOUNDARY OF SAID TRACT REC1, THE FOLLOWING SEVEN DESCRIBED COURSES: 1) THENCE RUN N74'56'44"W FOR A DISTANCE OF 54.53 FEET, TO A TANGENTIAL CURVE; 2) THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 40.00 FEET, THROUGH A DELTA ANGLE OF 111'27'11", AND BEING SUBTENDED BY A CHORD OF 66.11 FEET, AT A BEARING OF N19'13'08"W, FOR AN ARC LENGTH OF 77.81 FEET; 3) THENCE RUN N36'30127"E FOR A DISTANCE OF 54.74 FEET, TO A TANGENTIAL CURVE; 4) THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, THROUGH A DELTA ANGLE OF 43'22'38", AND BEING SUBTENDED BY A CHORD OF 29.56 FEET, AT A BEARING OF N14'49'08"E, FOR AN ARC LENGTH OF 30.28 FEET; 5) THENCE RUN NO6'52'11"N FOR A DISTANCE OF 84.03 FEET, TO A TANGENTIAL CURVE; 6) THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET, THROUGH A DELTA ANGLE OF 30'48'39", AND BEING SUBTENDED BY A CHORD OF 53.13 FEET, AT A BEARING OF N22'16'30"W, FOR AN ARC LENGTH OF 53.78 FEET; 7) THENCE RUN NO1'52'11"W FOR A DISTANCE OF 25.49 FEET; THENCE ALONG THE SOUTHERLY BOUNDARY OF A 100'X100' COUNTY UTILITY EASEMENT, AS SHOWN ON SAID NAPLES RESERVE, PHASE I PLAT, RUN N90'00'00"E FOR A DISTANCE OF 20.01 FEET; THENCE LEAVING SAID COUNTY UTILITY EASEMENT, RUN S01'52'11"E FOR A DISTANCE OF 18.70 FEET, TO A NON-TANGENTIAL CURVE; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 120.00 FEET, THROUGH A DELTA ANGLE OF 27'35'57", AND BEING SUBTENDED BY A CHORD OF 57.25 FEET, AT A BEARING OF S20'40'09"E, FOR AN ARC LENGTH OF 57.80 FEET; THENCE RUN SO6'52'11"E FOR A DISTANCE OF 84.03 FEET, TO A TANGENTIAL CURVE; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 60.00 FEET, THROUGH A DELTA ANGLE OF 43'22'38", AND BEING SUBTENDED BY A CHORD OF 44.35 FEET, AT A BEARING OF S14'49'08"W, FOR AN ARC LENGTH OF 45.42 FEET; THENCE RUN S36'30'27"W FOR A DISTANCE OF 54.74 FEET, TO A TANGENTIAL CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH A DELTA ANGLE OF 111'27'11", AND BEING SUBTENDED BY A CHORD OF 33.05 FEET, AT A BEARING OF S19'13'08"E, FOR AN ARC LENGTH OF 38.90 FEET; THENCE RUN S74'56'44"E FOR A DISTANCE OF 73.15 FEET, TO A NON-TANGENTIAL CURVE, ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY UNE OF SAID NAPLES RESERVE BOULEVARD; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND CURVE TO THE RIGHT, HAVING A RADIUS OF 386.00 FEET, THROUGH A DELTA ANGLE OF 02'20'26", AND BEING SUBTENDED BY A CHORD OF 15.77 FEET, AT A BEARING OF S57'31'01"W, FOR AN ARC LENGTH OF 15.77 FEET; THENCE RUN S58'41'14"W FOR A DISTANCE OF 11.56 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, CONTAINING 7,537 SQUARE FEET. Digitally signed by John HOLE MONIES, INC., CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 �'`a•h''>c',, Hilton 1 \`'./..,„11. DN:cn=John Hilton, I o- o.,--Hole Montes, ^ / '"2.74 - _ tcs ou=Survey Department, email=johnhilton@hme 0 P.S.M. 16278 ^* ng.com,c=US STATE OF FLORIDA `::';:- -'' Date:03-04003 .... 14:27:03-04'00' ORA ' 950 Encore Way ORONO NO. R.A.K. ffr Naples, FL. 34110 H- 07 SHEET I OF S Phone: 239) 254-2000 PROJECT N�, 1 1WASKETCH AND LEGAL DESCRIPTION 2016555 C-THAI-RGE HOLE MONIES Florida Certificate of FILE NAVE SE 1 C N-RGE IJtG*WO MOMS tl MY0 3 Authorization No.1772 91NN4K . 1 7 J 1}len-doloVMl61TA-SYl1?o16\211635s\SKLTCHESVE LE To Well 5d.,41E-LE SKXZay 8/J/2016 1:31:46 PM Rolled by:Rabin N IV, THIS IS NOT ASURVEY l - EX-1Bi-t-_-.Ac....-- - - N WINDWARD LANE Page 2 of - �� POC i \ N89'551321 POBN.W. CORNER OF E -- 25 50 / 20.00 r 46.09 /' LOT 1, BLOCK 2C 1„ 50', / _ —— — S89'55'32"W T . / 30.00NO0'04'28"W SOD'04'28"E / 30.00 16 / / 20.00 5'32"W / I / 17 BLOCK 2B I 1 2 WELL ;�2 / 100'x100' CUE / I PER PLAT N ,,// I BLOCK 2C I '`- - _ _ J L ` — — 1 L L . TRACT 0S2 ABBREVIATIONS P.B. = PLAT BOOK PG. = PAGE P08 = POINT OF BEGINNING POC = POINT OF COMMENCEMENT AE = ACCESS EASEMENT CUE = COUNTY UTILITY EASEMENT LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING A PORTION OF TRACT 0S2, NAPLES RESERVE, PHASE II, AS RECORDED IN PLAT BOOK 56, PAGES 20 THROUGH 38 OF THE PUBLIC RECORDS OF COLDER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 2C, AS SHOWN ON SAID NAPLES RESERVE PHASE II PLAT, THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 052, RUN S89'55'32"W FOR A DISTANCE OF 46.09 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE LEAVING SAID NORTHERLY BOUNDARY, RUN SOO'O4'28"E FOR A DISTANCE OF 30.00 FEET, TO A POINT ON THE NORTHERLY BOUNDARY OF A 100'X100' COUNTY UTILITY EASEMENT, AS SHOWN ON SAID PLAT; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID COUNTY UTILITY EASEMENT, RUN S89'55'32"W FOR A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID EASEMENT, RUN NOO'04'28"W FOR A DISTANCE OF 30.00 FEET, TO A POINT ON SAID NORTHERLY BOUNDARY OF TRACT 0S2; THENCE ALONG SAID NORTHERLY BOUNDARY, RUN N89'55'32"E FOR A DISTANCE OF 20.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, CONTAINING 600 SQUARE FEET. j Digitally signed by HOLE MONIES, INC., CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 John Hilton .<1,1-::, '. DN:cn=John ' ..','',2;;;..,'� Hilton,o=Hole t.1,c27. Montes,ou=Survey =;^,:V' Department. „ • m 5_'.- email=johnhilton@ P.S.M. #6278 hmeng.com,c=US 1 OHN J. HIL IN STATE OF FLORIDA Date:2016.08.03 14:27:25-04'00' D'r , BY: , - 8 950 Encore Way DRAWING NO. SHEET/ OF SHSIHMI Naples, FL 34110 H-108 1 1 Phone: (239) 254-2000 PROJECT NO. HOLE MONTES Florida Certificate of SEC—MN—ROE: SKETCH AND LEGAL DESCRIPTION 2016555 t-515-28E4"N 0R9 Authorization No.1772FILE NAME 17 J Wn-dataVIItMTA-Str0fA2016555\SKETCH SVE UE 1a WO S8&AE-UE S1t04Idag 8/3/2018 1:.1608 RI Rotted b 8skXcmaf _ _ _ rL/ --THIS IS NOT A SURVEY b N I 1 TOPSAIL DRIVE4 XH E i II POC N.E. CORNER OFPag@ of LOT 1, BLOCK 3A POB I T C1 C2 C3 I 0 25 50 � - _-J i' 1 50' n J 1 UNE TABLE UNE DIRECTION LENGTH 3 2 1 ( L1 S00'19'23"W 24.58 IWELL #3 I L2 N89'40'37"W 20.00 100'X100' CUE L3 N00'19'231 29.50 BLOCK 3A I PER PLAT I I g I 1 L - NAPLES RESERVE I 1 PHASE II — — — TRACT 0S2 P.B. 56, PG. 20-38 ABBREVIATIONS P.B. = PLAT BOOK PG. = PAGE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT • CURVE TABLE AE = ACCESS EASEMENT CURVE RADIUS DELTA ANGLE CHORD CHORD BEARING ARC LENGTH CUE = COUNTY UTILITY EASEMENT i Cl 200.00 4'33'5? 15.93 S79'54'06"E 15.94 I C2 200,00 3'17'04" 11.46 S75'58'35"E 11.47 I C3 200.00 2'37'02" 9.14 S7518133"E 9.14 I I LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLDER COUNTY, FLORIDA, BEING A PORTION OF TRACT 052, NAPLES RESERVE, PHASE N, AS RECORDED IN PLAT BOOK 56, PAGES 20 THROUGH 38 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 3A, AS SHOWN ON SAID NAPLES RESERVE PHASE II PLAT, THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 0S2, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A DELTA ANGLE OF 04'33'57", AND BEING SUBTENDED BY A CHORD OF 15.93 FEET, AT A BEARING OF S79'54'O6"E, FOR AN ARC LENGTH OF 15.94 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. THENCE CONTINUE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A DELTA ANGLE OF 0317'04", AND BEING SUBTENDED BY A CHORD OF 11.46 FEET, AT A BEARING OF S75'58'35"E, FOR AN ARC LENGTH OF 11.47 FEET, TO A TANGENTIAL REVERSE CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 200.00 FEET, THROUGH A DELTA ANGLE OF 02'37'02", AND BEING SUBTENDED BY A CHORD OF 9.14 FEET, AT A BEARING OF S75'38'33"E, FOR AN ARC LENGTH OF 9.14 FEET; THENCE RUN 500'19'23"W FOR A DISTANCE OF 24.56 FEET, TO A POINT ON THE NORTHERLY BOUNDARY OF A 100'X100' COUNTY UTILITY EASEMENT; THENCE ALONG SAID NORTHERLY BOUNDARY RUN N89'40'37"W FOR A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY, RUN N0019'23"E FOR A DISTANCE OF 29.50 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, CONTAINING 541 SQUARE FEET. Digitally signed by HOLE MONTES, INC., CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 John Hilton .s'.."te '., DN:cn=John Hilton, f z't�e-'''~.a^� o=Hole Montes, 4.,,a; ', ou=Survey / ^ .,. Department, Ilillilift,,.._ Thi. Bri:----- 6278meng.com,c=US J t N . HILTON STATE OF FLORIDA , - Date:2016.08.03 14:27:45-04'00' '• WN BY: ' TE: 950 Encore WayGRAp'yy�G NO.-- SHEET OF 8/3/18 1is Naples, FL. 34110 H-109 > > Phone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION PRa201 555 _ _ HOLE MONTES Florida Certificate of *WE 1-51S-28E owes �"" 6 6 OAS Authorization No.1772FILE u-8slaoalM ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP a/ Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the documen is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Jennifer A. Belpedio, Esq. Asst. County Attorney County Atty. (1(Z g t( a q c1 County Attorney's Office 2. BCC Office Board of County — �� Commissioners �k %�/ \ 3. Minutes and Records Clerk of Court's Office 111,61„ � PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff C.Perry Peeples Phone Number 239-252-8073 Contact/ Department Agenda Date Item was July 24,2012 Agenda Item Number 17.J Approved by the BCC Type of Document Easement Agreement& Number of Original 2 Attached Utility and Access Easement Documents Attached PO number or account Account: Fund 412, Cost Center 273512, RECORDING FORM number if document is Object Code 649030, Project 70014.1 ATTACHED to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 53s7g0,..f, 0 CPP 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CPP document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CPP signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on July 24,2012,and all changes made CPP during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. —� 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for t!e >�� r'' Chairman's signature. ..✓' I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 7 J Memorandum TO: Minutes & Records Management FROM: Perry Peeples, Real Property Management DATE: January 23, 2019 RE: Naples Reserve Raw Water Wells The Board of County Commissioners accepted and approved the recording of this Easement as a part of the Developer Commitments contained in the PUD Amendment on July 24, 2012, Ordinance 2012-29. Attached is the original Easement Agreement for attestation. Please attest to Commissioner McDaniel's signature as Chairman on the Easement Agreement and return a copy to me in Real Property Management. An original Easement and recording form are also attached. Please contact me if you have any questions or comments at Extension 8073. Thank you. 7 J PROJECT: Naples Reserve PARCEL: Raw Water Well #4 FOLIO NO.: 63043800220 & 63043800026 & 63043800246 Accepted by the BCC pursuant to Ordinance 2012-29 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between SFI NAPLES RESERVE, LLC, a Delaware limited liability company, (hereinafter referred to as "Owner"), whose mailing address is c/o IStar Financial, Inc.,1114 Avenue of the Americas, 39th Floor, New York, NY 10036, and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive easement for the purpose of utility installation, construction, operation, and maintenance, including right of access to perform any such purpose, over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Easement to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Easement; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Easement to Purchaser for the sum of Three Thousand Six Hundred Fifty Seven Dollars and Two Cents ($3,657.02), previously paid by Purchaser to Owner (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Easement to Purchaser. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 1 7J 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Easement. At Closing Owner shall deliver the conveyance instrument, and all affidavits and resolutions required by Purchaser's title insurance provider, to Purchaser in a form acceptable to Purchaser. 4. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the property underlying the Easement, and all uses of said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Purchaser shall pay for the costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the property underlying the Easement from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 17J 9. Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below. AS TO PURCHASER: DATE AGREEMENT APPROVED BY BCC: 7/24/2012 ATTEST: BOARD OF COUNTY COMMISSIONERS" CRYSTAL K. KINZEI,Clerk of the COLLIER COUNTY, FLORIDA;AS THE Circuit Court & Comptroller GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING !i BOARD OF THE COLLIER:COUNTY WATER- SEWER DISTRI 4 . tt st as to Chairman's °_• ty Ce-) onlY. BY: _ ;: _ • W/ _McDaniel,Jr. , Chair an (Signature page follows) 1 J AS TO OWNER: SFI NAPLES RESERVE, LLC a Delaware limited liability company DATED: JaII V"r j 16;x}0)61 i By: Witness (Signature) Donal ears Name: Its: Vice President (Printri�in'. or Type) 7r� ( 7 Witness (Signature) Name: M kit eu Oef-r ^cyst (Print or Type) Approved as to form and legality: Jennifer A. Belpedio_ \Q- Assistant County Attorney C� 0\\ 1 7 J H:\2018\2078544\SKE7CKES\r,•Wafer.dq 9/27/2078 7:54:05 PV Plated 5•H.,,No.ee EXHIBIT. A Pape._._._of - LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN PORTIONS OF TRACT R1, TRACT FD1 AND TRACT OS1, NAPLES RESERVE CIRCLE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64, PAGES 1-6 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH CORNER OF LOT 52, PARROT CAY, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 58, PAGES 75-78 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S55'20'45"W FOR A DISTANCE OF 50.21 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE RUN S50'04'58"W FOR A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY LINE OF TRACT R1, THE SAME BEING A POINT ON THE BOUNDARY OF TRACT FD1, NAPLES RESERVE CIRCLE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64, PAGES 1-6 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN THE FOLLOWING TWO COURSES ALONG THE BOUNDARY OF SAID TRACT FD1; 1) THENCE RUN N39'55'02"W FOR A DISTANCE OF 96.05 FEET, TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; 2) THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00" AND BEING SUBTENDED BY A CHORD OF 35.36 FEET AT A BEARING OF N84'55'02"W, FOR AN ARC LENGTH OF 39.27 FEET; THENCE LEAVING THE BOUNDARY OF SAID TRACT FD1 RUN S50'04'58"W FOR A DISTANCE OF 62.92 FEET, TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 425.00 FEET, THROUGH A CENTRAL ANGLE OF 39'05'04" AND BEING SUBTENDED BY A CHORD OF 284.33 FEET AT A BEARING OF S69'37'30"W, FOR AN ARC LENGTH OF 289.91 FEET; THENCE RUN S89'10'02"W FOR A DISTANCE OF 334.96 FEET, TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 75.00 FEET, THROUGH A CENTRAL ANGLE OF 08'33'38" AND BEING SUBTENDED BY A CHORD OF 11.20 FEET AT A BEARING OF N86'33'09"W, FOR AN ARC LENGTH OF 11.21 FEET; THENCE RUN S07'43'40"W FOR A DISTANCE OF 146.70 FEET; THENCE RUN N89'19'53"W FOR A DISTANCE OF 297.75 FEET; THENCE RUN SO0'41'21"W FOR A DISTANCE OF 48.37 FEET; THENCE RUN N89'19'53"W FOR A DISTANCE OF 100.00 FEET; THENCE RUN NO0'40'42"E FOR A DISTANCE OF 100.00 FEET; THENCE RUN S89'19'53"E FOR A DISTANCE OF 100.00 FEET; THENCE RUN 500'40'07"W FOR A DISTANCE OF 31.63 FEET; THENCE RUN S89'19'53"E FOR A DISTANCE OF 280.08 FEET; THENCE RUN N07'43'40"E FOR A DISTANCE OF 131.74 FEET, TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 75.00 FEET, AT A BEARING OF N23'11'37"E THEREFROM, THROUGH A CENTRAL ANGLE OF 67'28'30" AND BEING SUBTENDED BY A CHORD OF 83.31 FEET AT A BEARING OF N33'04'08"W, FOR AN ARC LENGTH OF 88.32 FEET; THENCE RUN N00'40'07"E FOR A DISTANCE OF 153.98 FEET; THENCE RUN S89'19'53"E FOR A DISTANCE OF 50.00 FEET, TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 175.00 FEET, AT A BEARING OF S89'19'531 THEREFROM, THROUGH A CENTRAL ANGLE OF 91'30'05" AND BEING SUBTENDED BY A CHORD OF 250.71 FEET AT A BEARING OF S45'04'56"E, FOR AN ARC LENGTH OF 279.48 FEET; THENCE RUN N89'10'02"E FOR A DISTANCE OF 180.98 FEET, TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 375.00 FEET, THROUGH A CENTRAL ANGLE OF 39'05'04" AND BEING SUBTENDED BY A CHORD OF 250.88 FEET AT A BEARING OF N69'37'30"E, FOR AN ARC LENGTH OF 255.81 FEET; THENCE RUN N50'04'58"E FOR A DISTANCE OF 147.92 FEET; THENCE RUN S39'55'02"E FOR A DISTANCE OF 171.05 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 82,271.56 SQUARE FEET OR 1.9 ACRES, MORE OR LESS. Digitally signed by John Hilton HOLE MONTES, INC. DN.cm--John CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 i;- Hilton.o=Hole Montes,ou=Survey Department, ema0 johnhiltong hmeng.com,c=US Date:2018.09.28 09:43:32-04'00' LS6278 JO J. HILT N STATE OF FLORIDA • NO' A SCRWY DRAWN BY DATE 950 Encore Way DRAWING NO BEN 9/18 Naples, FL. 34110 SKETCH AND LEGAL DESCRIPTION H-789 SHEET # OE SHEET Phone: (239) 254-2000 PROJECT N0. 18.544 2 HOLE MONTES Florida Certificate of BIMINI - RAW WATER FIE NAME SEC_-5 N-26E, Fraeas.areas suveroas Authorization No.1772 red.ala.d.p 1 7 J H:\201812018544\SKE1CNES\ree Woter.dwg 9/27/2018 1:54:5 PM Plotted by.BenNowee \ CURVE RADIUS DELTA ANGLE CHORD LENGTH CHORD BEARING ARC LENGTH POINT OF Cl 25.00' 90'O0'00" 35.36' N 84'55'02" W 39.27' \ COMMENCEMENT C2 425.00' 39'05'04" 284.33' S 69'37'30" W 289.91' / \ SOUTH CORNER, LOT 52 C3 75.00' 8 33'38" 11.20' N 86 33'09" W 11.21' \ / C4 75.00' 67'28'30" _ 63.31' N 33'04'08" W 88.32' /< g. \ \/ \ C5 175.00' 91'30'05" 250.71' S 45'04'56" E 279.48' \ C6 375.00' 39'05'04" 250.88' N 69'37'30" E 255.81' / \ ini . POIi ' \\ m / BEGINNING/ /' �,\c G,���, /' EXHIBIT +� . /' ��,�' �'�` M _ Page 2- of--L-- /PQ\., o-5 a.ta /00 o T \ V3 / \ N \`,.. -/ LINE BEARING DISTANCE L1 S 55'20'45" W 50.21' \ Cil ` L2 S 50'04'58" W 60.00' L3 N 39'55'02" W 96.05' ,`\ L4 S 50'04'58" W 62.92' L5 S 89'10'02" W + 334.96' L6 S 07'43'40" W 146.70' II 1 L7 N 89'19'53" W 297.75' J- - - - I L8 S 0041'21" W 48.37' L9 N 89'19'53" W 100.00' L10 N 00'40'42" E 100.00' L11 S 89'19'53" E 100.00' 1.12 S 00'40'070 W 31.63' r (7+ /\\_ L13 S 89'19'53" E 280.08' - N 5 L14 N 0T43'40" E 131.74' I- R 8 1.15 N 00'40'07" E 153.98' O a \ v s w iz L16 S 89'19'53" E 50.00' � d \ ' L17 N 89'10'02" E 180.98' L18 N 50'04'58" E 147.92' LO--A _ - -_ '" 2 L19 S 39'55'02" E 171.05' I L6 '31; ca o j a J L14 L15 G / I Z"'"IrIFIIIMI / 1, _ \ N N T a . 0 75 150 /V g N 1 5 i c~iia J / < g 1"=150' a H \fEr 1M l J Aga �L12 Lg Ixa - J L10 // ,/ ' NOT A SURVEY" DRAWN BY. DATE: 950 Encore Way ORAWING NO. BEN 9/18DEM Naples, FL. 34110 SKETCH AND LEGAL DESCRIPTION H-789 SHEET Ij OF SHEET Phone: (239) 254-2000 PROJECT NO. L 2 HOLE MONTES Florida Certificate of 18.544 SEC-TWN-RGE: � S POWAW'S�VEORS Authorization No,1772 BIMINI - RAW WATER FILE NAME 1-51-26 row water.dwg INSTR 5667699 OR 5595 PG 1651 0 ' A 4 CLERRECORDED4 OF THE214!2CRCUIT191002 COUAMRT PANDGES COMPTROLLER COLLIER COUNTY FLORIDA PROJECT: Naples Reserve DOC@.70$0.70 REC $35.50 PARCEL: Raw Water Well #4 FOLIO: 63043800220-63043800026-63043800246 Accepted by the BCC pursuant to Ordinance 2012-29 UTILITY AND ACCESS EASEMENT THIS UTILITY AND ACCESS EASEMENT is made and entered into this ° ' day of C_ t , 2019, by SFI NAPLES RESERVE, LLC a Delaware limited liability company, whose mailing address is do ISTAR Financial, Inc., 1114 Avenue of the Americas, 39th Floor, New York, NY 10036, (hereinafter referred to as "Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, whose address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, its successors and assigns (hereinafter referred to as "Grantee"). Wherever used herein, the terms "Grantor" and "Grantee" include all parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires. WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement for the purpose of access and utilities upon, under and across the property described in Exhibit "A", attached hereto and incorporated herein by reference, subject to easements, restrictions, and reservations of record. THIS PROPERTY IS NOT HOMESTEAD OF GRANTOR. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to install, construct, operate and maintain utilities and utility facilities, including, but not limited to raw water wells and transmission pipes, together with the right of access to perform any such purpose. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. 17 J IN WITNESS WHEREOF, the Grantor has caused this Utility and Access Easement to be executed the date and year first above written. WITNESSETH: SFI NAPLES RESERVE, LLC a Delaware limite Iia..lity company Witness Signature ,' By: j _ DONAL• ,EARS Its: Vice President Print Name (72 Witness Signature j"1,,,,,\'‘kp kJ 2e(-rav est v Print Name ACKNOWLEDGMENT STATE OF 1\) c1ck ) COUNTY OF C D\WZ.,\( ) The foregoing Utility and Access Easement was acknowledged before me this 1 iday of T as , 2019, by Donald Mears as Vice President of SFI Naples Reserve, LLC, who is [>]personally known to me or [ ]has produced [type of I.D.] as identification. Signature of Notary] HEATHER ANN THOMPSON —` Notary PLblic—State of Flonca I . ,f 1 A ' LX,, ` 1 Jr i' '',\ `1 1 Commission#GG 159907 - -„:4),:--?-347.„- [P[int Name of Notary] My Comm.Expires Dec 20.202 `.'.;`'' 6onded;hro,ighNwona'Notary Assn Commission # ��3 My Commission Expires: QCI 20 N '2, -2A Approved as to form and legality: By: _J Jen i er A. BelpedieP a\ Assistant County Attorney ,, 17J -- - w rater dg 9/27%20!8'.5405 Py PbBed by 844445444 EXHIBIT A Page_I_of. ... LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN PORTIONS OF TRACT R1, TRACT FD1 AND TRACT OS1, NAPLES RESERVE CIRCLE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64, PAGES 1-6 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH CORNER OF LOT 52, PARROT CAY, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 58, PAGES 75-78 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S55'20'45"W FOR A DISTANCE OF 50.21 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE RUN 550'04'58"W FOR A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY LINE OF TRACT R1, THE SAME BEING A POINT ON THE BOUNDARY OF TRACT FD1, NAPLES RESERVE CIRCLE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64, PAGES 1-6 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN THE FOLLOWING TWO COURSES ALONG THE BOUNDARY OF SAID TRACT FD1; 1) THENCE RUN N39'55'02"W FOR A DISTANCE OF 96.05 FEET, TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; 2) THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00" AND BEING SUBTENDED BY A CHORD OF 35.36 FEET AT A BEARING OF N84'55'02"W, FOR AN ARC LENGTH OF 39.27 FEET; THENCE LEAVING THE BOUNDARY OF SAID TRACT FD1 RUN S50'04'58"W FOR A DISTANCE OF 62.92 FEET, TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 425.00 FEET, THROUGH A CENTRAL ANGLE OF 39'05'04" AND BEING SUBTENDED BY A CHORD OF 284.33 FEET AT A BEARING OF 569'37'30"W, FOR AN ARC LENGTH OF 289.91 FEET; THENCE RUN S89'10'02"W FOR A DISTANCE OF 334.96 FEET, TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 75.00 FEET, THROUGH A CENTRAL ANGLE OF 08'33'38" AND BEING SUBTENDED BY A CHORD OF 11.20 FEET AT A BEARING OF N86'33'09"W, FOR AN ARC LENGTH OF 11.21 FEET; THENCE RUN S07'43'40"W FOR A DISTANCE OF 146.70 FEET; THENCE RUN N89'19'53"W FOR A DISTANCE OF' 297.75 FEET; THENCE RUN SOO'41'21"W FOR A DISTANCE OF 48.37 FEET; THENCE RUN N89'19'53"W FOR A DISTANCE OF 100.00 FEET; THENCE RUN NO0'40'42"E FOR A DISTANCE OF 100.00 FEET; THENCE RUN S89'19'53"E FOR A DISTANCE OF 100.00 FEET; THENCE RUN S00'40'07"W FOR A DISTANCE OF 31.63 FEET; THENCE RUN S89'19'53"E FOR A DISTANCE OF 280.08 FEET; THENCE RUN N07'43'40"E FOR A DISTANCE OF 131.74 FEET, TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 75.00 FEET, AT A BEARING OF N2311'37"E THEREFROM, THROUGH A CENTRAL ANGLE OF 67'28'30" AND BEING SUBTENDED BY A CHORD OF 83.31 FEET AT A BEARING OF N33'04'08"W, FOR AN ARC LENGTH OF 88.32 FEET; THENCE RUN NOO'4O'07"E FOR A DISTANCE OF 153.98 FEET; THENCE RUN S89'19'531 FOR A DISTANCE OF 50.00 FEET, TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 175.00 FEET, AT A BEARING OF S89'19'53"E THEREFROM, THROUGH A CENTRAL ANGLE OF 91'30'05" AND BEING SUBTENDED BY A CHORD OF 250.71 FEET AT A BEARING OF S45'04'56"E, FOR AN ARC LENGTH OF 279,48 FEET; THENCE RUN N89'10'02"E FOR A DISTANCE OF 180.98 FEET, TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 375.00 FEET, THROUGH A CENTRAL ANGLE OF 39'05'04" AND BEING SUBTENDED BY A CHORD OF 250.88 FEET AT A BEARING OF N69'37'30"E, FOR AN ARC LENGTH OF 255.81 FEET; THENCE RUN N50'04'58"E FOR A DISTANCE OF 147.92 FEET; THENCE RUN S39'55'02"E FOR A DISTANCE OF 171.05 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 82,271.56 SQUARE FEET OR 1.9 ACRES, MORE OR LESS. Digitally signed by John Hilton HOLE MONTES, INC. • DN'cn=John CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 • Hilton.o=Hole Montes,ou=Survey Department, email=johnhiltong hmeng.com,c_US \. Date:2018.09.28 09:43:32-04'00' ) LS6278 JOHN J. HILT N STATE OF FLORIDA • NG'' a SLAW( • DRAWN 9r DATE 950 Encore Woy DRAwMG NO BEN 9/18 Naples. FL. 34110 SKETCH AND LEGAL DESCRIPTION H-789 SHEET N OF SRFEf Phone: (239) 254-2000 PROJFCt NO 2 HOLE MONTES Florida Certificate of 18.544 SEC-wN-RGE >.,.&ps;y,t.c,t Authorization No.1772 BIMINI - RAW WATER f!F NAPE raw rater.drg 1 7 J H:\2019`2018544‘SKE7CHEslrow water.8wq 9/27/2018 1:54:05 PM Plotted by OenHowe9 \ CURVE RADIUS DELTA ANGLE CHORD LENGTH CHORD BEARING ARC LENGTH POINT OF Cl 25.00' 90'00'OO" 35.36' N 84'55'02" W 39.27' COMMENCEMENT C2 425.00' , 39'05'04' 284.33' S 69'37'30" W 289.91' / \ SOUTH CORNER, LOT 52 C3 75.00' 8 33'38" 11.20' N 86'33'09" W 1 1.21' \\ C4 75.00' 6728'30" 83.31' N 33'04'08" W 88.32' \ C5 175.00' 91'30'05" 250.71' S 45'04'56" E 279.48' // \ N�� \ C6 375.00' 39 05'04" 250.88' N 69'37'30" E 255.81' / \�..� POINT OF \ a /<- BEGINNING/ y/ , /' / / gyp, G�rc cp z" / •, / EXHIBIT A i «,., .,jb \os- 'S0 l M Page 2- ,of._ - 0. / / � oLL.N,! \ I- a / 3 i- 0tV / CC a \ / / / \ N /\ / UNE BEARING DISTANCE \ LI S 55'20'45" W 50.21' L2 S 50'04'58" W 60.00' L3 N 39'55'02" W 96.05' \ L4 S 50'04'58" W 62.92' \ \ \ I_5 S 89'10'02' W 334.96' ` 1 L6 S 07'43'40" W 146.70' L7 N 89'19'53" W 297.75' I I 1.8 S 00'41'21" W 48.37' J l L9 N 89'19'53" W 100.00' - - - L10 N 00'40'42" E 100.00' L11 S 89'19'53" E 100.00' /-"--- L12 S 00'40'07" W 31.63' N v)gn -N- 1_13 S 89'19'53" E 280.08' J d0_2 L14 N 0743'40" E 131.74' L15 N 00'40'07` E 153.98' v a \ V L16 S 89'19'53" E 50.00' < m L17 , N 89'10'02" E 180.98' J - - - r- L18 N 50'04'58' E 147.92' _ L19 S 39'55'02" E 171.05' - - - / I i CP i e N.) I Oaf U 16 1 U.3 I CY .' .-1 L 14 / L15 G /rk l Z-1► iggi / i / oN= O_ 0 75 150 / J ' V � lii i - Qi / 1"=150'1 \l 1 ' cOATJ \ J \ Awa L12 L8 \ I- ) / __ a) - _' -' / L1O , /- - - ' • NOT A SURVEY• DRAWN NEN: DATE:9/1S 950 Encore Way DRAWING NO. SHEET# OF SHEET1141/11 Naples, FL. 34110 SKETCH AND LEGAL DESCRIPTION H-789 L 2 Phone: (239) 254-2000 PROJECT NO. HOLE MONTES Florida Certificate of 18.544 SEC-TWN-RGE: BONERS KAARS SJR/F'ORS Authorization No.1772 BIMINI - RAW WATER FILE NAME - 1-51-26 raw water.dwy