Resolution 2005-396
RESOLUTION NO. 05-396
ABANDONMENT OF THE CDC DRI
and
DRI DEVELOPMENT ORDER
A RESOLUTIOI"J OF THE BOARD OF COlH'HY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
PURSUANT TO SUBSECTION 380.06(26), FLOHIDA
STATUTES (2005), RULE 9J-2.0251, FLOHIUA
AOI\/IINISTRA TIVE CODE, PROVIDING FOR THE
ABAr'JDONMENT OF THE COC DEVELOPMENT Oi=
REGIONAL IMPACT APPROVED ON NOVElIiiBER '10,
'1986; PROVIDING FOR FINDINGS Of FACT Ai\JD
CONCLUSIONS OF LAW; PROVIDING FOR APPROVAL
OF THE ABANDONMENT OF THE DRI, REPEAL OF filE
DRI DEVELOPMENT ORDER, AS AME....JDED, AND
COMPLlAr,JCE WITH POST -ABANDONI\IIEr..JT
DEVELOPMENT WITH COUNTY f{EGULAlIOI JS;
,
PHOVIDING FOR HECORDATION OF !'JOTleE (OJ,:
AI3AIJDOi'hVIENT; PROVIDIHG FOH SEVERAHILlTY Jl.Hu
PHOVIDIl',j(~ At J EFFECTIVE DATE.
WHEREAS, the DRI Development Order for the CDC DRI (herlSillaflcl, lIl'--
"Development Order") was conditionally approved by the Board O( CUllill,;'
Cornrnissioners of Collter County, Florida on November '10, 1986 as Dc\/doPIIIClIl \ )1,1<>1
86n2; and
VI/HEREAS, the L)(;vcloprnent Order approved the development of r.l rr;~)ul t ~j\)11
Oriented \Jllldqe COlllllHlIlIly L()uplcd with a IIl,H1lla village. rill: resull vlllaUl; ';'/,1-, II i
consist of "~,ODO residential units, a 300 room conference center, a health tr:llIll~.J ~'fid "
27 -hole resort golf course and club house, a private '18-hole golf course and 111I)(\;:;d I dull
and office centers servicing residents of the project. The marina village center was tu
consist of two, 300 roum hotels, a marina specialty retail center, 600 wet boat slips, 200
dry boat slips, a harbor master facility and a yacht club on the properiy described in
Exhibit A attached hereto (hereinafter the "DRI Property"); and
WHEREAS, said Development Order conditioned development upon the
issuance of a companion DRI Development Order by the City of Naples as to that
pOliion of the project within the City's jurisdiction; and
WHEREAS, the City of Naples denied the companion Development Order; and
WHEREAS, the Department of Community Affairs ("Department") entered into a
Preliminary Development Agreement on January 2, 2002, as amended on May 16,
2002, (hereinafter, the "POA"), which authorized the development of 390 multi-family
units, 120,000 gross square feet of retail development, and 50,000 square feet of office
uses on the land identified in composite Exhibit "B"; and
WHEREAS, Collier County approved botanical garden uses on the land identified
in Exhibit "C" ("Botanical Gardens PUDlO) which land is included within the boundaries of
the CDC ORI, and which is owned by a separate entity; and
WHEREAS, both the City and County have approved PD and PUO zoning for a
marina ("Hamilton Harbor PUD") on the lands identified in composite Exhibit "0", which
land is included within the boundaries of the COC DRI and is owned by a separate
entity; and
WHEREAS, the proposed Sabal Bay PUD does not demonstrate a unified plan
of development with either Botanical Gardens or Hamilton Harbor; and
WHEREAS, Section 380.06 (26), Florida Statutes, and Rule 9"-2.0251, Florida
Administrative Code, permit and establish the process for the abandonl1l8nt 01 .J
cJeveloprnent of regional irnpact; and
WHEREAS, Collier Development Corporation, as developer and original
applicant for the DRI, has applied to the Board of County Commissioners to abcll1Joll
the CDC Development of Regional Impact pursuant to the above-refC:lenc,. I I ,--,lute
and Rule; and
WHEREAS, all owners of property within the CDC DRI have COI \~;c:nlc;d lu '.>dld
abandonment; and
WHEREAS, the Southwest Florida Regional Planning Council considered tile
application or I March '17, 2005, and found that the DF<I was eligible to plliSllt::
abandonment and that no objections to the proposed abandonment exist, and lias su
informed the County and the applicant; and
WHEREAS, the Florida Department of Community Affairs has reviewed tile
application and the recornrnendalion of the Southwest FlonJa Rcnior ILl I I'LIII'!I i: j
COllrlcii, and has discussed the application with the Colliu Cdl ilHj (,Ui 1111 ill, iii;'
Development and EnvirorHllental Services Division Staff, Ctlld lias cldcll nil,cd Ii 'ul It
does not object to the abandonment of the Development Order by Ihe ULkild \1I l" 111111,'
Commissioners and has so infornled the County and the applieall! of tI i1~ delt)1 filii i,.lh III
in writing on March '18, 2005; and
WHEREAS, all required public notices for hearings on the application Ila\(l~ LC..;II
published; and
VVHEHEAS, the Collier County Planning COllUllission has cOllLluclecl <..I plll,lll-
hearing on October 6, 2005 and recommended the approval of the dpplll;dllUII i\J
abandon the CDC DRI and the Developrnent Order and recornrnendeJ the ddlJjJliull ul
this f~esolLltion abandoning the DRI and the Development Order.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNl'.'
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
Section 1. RECIT ALS. The Recitals in the preceding "Whereas" clauses are
true and correct and are incorporated herein by reference as if repeated verbatim
herein.
Section 2. ABANDONMENT APPROVED. The application for the
abandonment of the CDC Development of Regional Impact and the Development Order
is hereby approved.
Section 3. FINDINGS OF FACT. The Board of County Commissioners hereby
makes the following findings of fact:
1. Applicant owner requested the abandonment of the Development Order
because circumstances and the DR! law have changed and the Applicant
owner no longer seeks to develop a DRI sized project on the lands within
its ownership and control as described in composite Exhibit "E". The
development proposed after abandonment, not associated with PUDs
approved subsequent to the COC ORI, will consist of a maximum of 1,999
residential units, 48,000 gross square feet of office space and 176,000
2
gross square feet of retail space, which are 99.95 percent of the
residential threshold, and 159.95 percent of the mixed LIse threshold set
forth in Section 380.0651, Florida Statutes, and Chapter 28-24, Florida
Administrative Code, and therefore the development does not require DF<I
review.
2. The only development on the property that is described in Exhibit A and
was authorized by the CDC DRI Development Order has been pur Slldlil to
the PDA, and therefore, no material adverse impacts to resources or
existing or planned facilities have occurred.
3. Commitments within the Development Order regarding realignment of the
Thomasson Drive-Rattlesnake Hammock Hoad intersectiotl ClIIJ
assistance with the Lely Drainage Canal have either been accon IplisllcJ
or are subject to existing Developer Contribution Agreernents betwL:cll [I k;
Applicant and Collier County. Commitments regarding d school silL: Ctlid d
fire station site shall be incorporated in the Sabal Bay Planl kd I Jnit
Development Document for the resulting development, Ordinance 1'lurnbc;1
2005-59. That Ordinance shall also contain appropriate rliiti!J~lliull i,1
terms of preservation of wetlands and otlier environrnentally s(;nsiti\)..:.;
areas, comrnensurate with HIE: irnpacts of such developrnent.
4. The development proposed after abandonment shall comply with. (I) 1I1'-;
provisions of Ordinance Number 2005-59, adopted f\Jovelllberi5. 2l)()~,
which is the Planned Unit Developrnent DocLllnentk1r lhL: S<.:.hal U'-'j'
Mixed Use Planned Unit Developrnent project; and (2) the ColliGI \ ,,)1 illt /
Land Development Code, as it may be arnended.
5 Other impacts of the development proposed after abandonllienl ,,vIlli;,
adequalely rniti~JatecJ by compliance with the provisions of Ordi,ldll\,--.;
I\Jurnber 200559 and the Collier County Land Developrnent Code. II i1~;
includes, but is not limited to, the payment of all requil'ecJ ililpad fc.:,.;s, ,dill
cOlnpliance WIth the County's Concurrency f'vlanage/nont SystelJI
6. The developer has not relied on the benefits granted to developments of
regional impact pursuant to Chapters 163, 403, and 380, Florida Statutes.
7, The abandonment will have no adverse impact upon, and is consistent
with, the Collier County Growth Management Plan and land developrllt;lIt
regulations.
Section 4. CONCLUSIONS OF LAW. The Board of County Commissioners
hereby makes the following conclusions of law:
1. The CDC DRI is eligible for abandonment because the development
planned and authorized after abandonment on the property described in
Composite Exhibit E is below the applicable development of regional
impact thresholds for residential, commercial, and mixed uses. Thus, the
development proposed after abandonment is not a DRI
2. The development proposed after abandonment is consistent with the
Collier County Growth Management Plan and Land Development Code,
and does not need to be authorized as a development of regional impact
to proceed.
3. The development proposed after abandonment is consistent with the
Collier County Growth Management Plan and land development
regulations so long as the post-abandonment development complies with
3
Ordinance Number 2005-59 and the Collier County Land Development
Code.
4. The proposed development after abandonment will be consistent with the
State Comprehensive Plan, the State Land Development Plan, and the
Southwest Florida Regional Policy Plan.
Section 5. APPROV AL OF ABANDONMENT OF DRI, REPEAL OF DRI
DEVELOPMENT ORDER, AS AMENDED, AND COMPLIANCE OF POS-r
ABANDONMENT DEVELOPMENT WITH COUNTY REGULA liONS.
1. The application to abandon the CDC Development of Regional Impact is
hereby approved, subject to the terms and conditions herein.
2. The CDC Development of Regional Impact and Development Order 86-2
is hereby repealed in its entirety and shall be of no further force or effect.
3. All development after abandonment shall comply with all applicable
permitting requirements and land development regulations of Cullier
County. I
4. The terms and conditions of this Resolution shall be binding upon t1H:::
Owner and its assigns or successors in interest.
Section 6. SEVERABILITY. If any section, sentence, clause or phrase of this
Resolution is held invalid or unconstitutional by any court of competent jurisdiction, said
holding shall in no way affect the validity of the remaining portions of this Resolutioll,
and the remainder of this Resolution shall remain in full force and effect.
Section 7. RECORDATION. The Owner shall record a Notice of Abandonment
in accordance with Section 28.222, Florida Statutes, with the Clerk of the Collier Coui'lly
Circuit Court, as provided by Rule 9J-2.0251, Florida Administrative Code.
Section 8. EFFECTIVE DATE. This Resolution shall take effect as provided by
law.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT BROCK, CLERK OF COLLIER COUNTY, FLORIDA
, "-'Il (
b.-Cf By: , \ vi L~) . c.' I, n ,
- Fred W. Coyle, C.h~'irman
Approved as to form and legal sufficiency:
'-n t:., \( u.. J), /Jt ( { _,.., ,_ ( I-
~.~1(LLc. l'."
Marjorie'iM. Student~Stirling \
i
Assistant County Attorney
WORD-Abandonment Resolution 8-31-0S.doc
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~ ract I Publix Shopping Center 72,638 square feet
f'rz.ct E Eckerd Dmg Store 14,400 square feet
Tract Ii AmSouth Bank 4,000 square feet
Total 91,038 square feet
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:'S~r:g 3 r:<:3lt or Ssctfon '1 g~ 7cv/nsillp 50 SO~j'~n. "~anq'.3 23 ---=2S~ .:r.CJ
:~::r .S'3c:;cn 24, icwnsh[p 50 South, Range; 25 =:::.s\. ;::::(;liier G.:.:.;n(, ,~');-JC:c,
(Sable Bay)
.il:::::r:Jf :::ection 'j 9, Township 50 South, Range 2G c:;'3, and Section ">-L -:-'JwnshiD~~8
. - =.::"08 25 East, Collier County, :=Iorida. being mere pc;iLicUl5.rly descnbGCl :::'3::::io':/2:
. --;-- :;;;:::19 3t the nprtheast comer of said SectIon 24;
'--:;:; ::::onq the east line of said Section 24, South OOo14";r 'Nest 17:.:5 fesl>J ihe :::r.:int:::f
,'~Il"'] [;of the parcel herein described;
-1~2r.c3 ieaving said section line along the southwest right Gf \!/ay (ine :)1' Tamiam -~ic,,:
L.' .~. -+1) South 39004'27" East 643.93 feet;
'~i;.2iiC3 leaving said fight of way Hne South 03007'~4' '.Vest 210.B9;'eet:
-i:enc;:; South 50055'33" West 109.02 feet;
-1:snc3 South 39004'28" East 223.02 feet;
-;:3n~ North 50~55'33" East 250.55 feet to a point on the south\vest right of way ;:;12,ji
,;2:U 'T"amiami Trail (U.S. 41);
-;12nc3 along .said right of way line South 39004'2T East 86.00 feet;
;J;:mc;:;' :eaving said right of way fine South 50"55'33" 'ivest 449.00 feet:
11S:;C9 southwesterlyA.Z9 feet along the arc of a circular curve ccnG:1ve ::: rhe
,;Ol.:th'23St having a radius of 8.00 feet through a centra( :mg!e of'3r::SZS" md ~.:;ir:q
::..:::tend:;ld by a chord whIch bears South 35012'20" We~t4.;:;4'feel:
-:,';nc3 South i9029'07" West 4.70 feet;
-:Loii(,";; southwesterly 28.53 feet along the arc or a circuiar CUNB con cove to the
'c:--;;;west having a radius of 52.00 feet through a centrai angle of 31 "::G'25" -:md bel:;'1
:uc:ended by a chord which bears South 35012'20" West 28. ~8 feet; ,.
-ji:?:i1C3 Soum 50"55'33" West 17.08 reet;
i~ 3i1CO southwesterly 11.10 feet along the arc of a circular curve ccnc.:we (:; IllG flJnt1
';3',ing a radius of 20.00 feet through a central angle aT 31 047'18" Ana bGing SUbtsnG8:J
:,'/, chord which bears South 66049'12" VI/est 10.95 feet:
Ii 3r.ce SoUtl1 50"55'33" 'Nest 107.35 feet;
-: ::n~ South 39"02'44" East a96.09 feet to the northwest line or a '120' dr<:mago
,~~':3mem o.s recorded in OR 8aoK 157, pg, 269, Coiller t~oun-:y Puollc ::ZeCQrds,.~Glii8r
:vU:l~l ~{orida:
---:. :?:l-:C3 siang said easement line South 40052'10" 'Nest 40.63 :eer;
~lc;;:C3 leaving said easement line North 39002'44" 'Vest 835..t2f3et:
-::jr1C3 i'-Jorth 74"11'12" 'Nest 273.05 feet;
-:F:;:;ce South 61044'41" West 65.38 feet;
-;';en:;e southerly 71,88 feet along the arc of a circuiar c~rle c::oncave m lha '.'lest having
:-:a:us cf 90.00 feet through ::1 c~mtrai angle or 45" .:1.5',i i" :::;nd bef~g ::ubt3r.oea b:r 2
:-:::::;-c ''!llich bears South 16"08'03" West 69.99 feet;
,- ',3::':3 30uth 39.00'59" 'Nest 25.:3 Teet;
- -;:-:'::: :;outheriy 84.20'f~'e(-along the arc of a circ~[ar ;;:'::-->.'3 ccnC:lVG\O :l1e easrt.8.ving
. . ::-::~::" :.;f 20.00 fee thrcugh a contrai angle of 32"29'Z:J":nd being ::;ub:eilG5C'0Y J
~-:.-:. niic;-: bears South'220'~1'~9" '!'-lest 33.74 reet:
-- '0:::; .:;cu~'1 CS"::1'39" 'Nest 50.1:3 '.'eet: .
;::r;Ji.:~ .~rJn .-~lv~r.:; ...~;;r=!:a::: ]r::n:Jl1'i:clT ~ i1f;1C:: ~::;/l.::i::;~~::;e
'.,..... ';:'...;~/ t.:..:}. .:..:.'t~~ ~';:) -:sni~ ; -;~.<7C;; ;.,~.r1C5-{7507 J41..;Jrq-'/}iO' ~ ::41-;43-57tS"]
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/lh.fH'll'<-ii/u' !,.~ ,_. .~ ~':;'J L:~"<:;:~~JH:J -:"', ...J
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Thence southwesterly 240,08 feet along the arc of a circular curve concave to the north
:laving a radius of 130.00 feet through a central angle of 105048'48" and being
subtended by a chord which bears South 59016'03" West 207.39feet;
Thence North 67049'33" West 50.39 feet;
Thence northwesterly 120.79 feet along the arc of a circular curve concave to the
northeast having a radius of 280.00 feet through a central angle of 24043'02" and being
subtended by a chord which bears North 55028'02" West 119.86 feet to a point of
reverse curvature;
Thence westerly 154.54 feet along the arc of a ck-cular curve concave to the southwest
having a radius of 170.00 feet through a central angle of 52005'09" and being subtended
by a chord which' bears North 69009'0S' West 149.28 feet to a point of reverse curvature;
Thenco westerly 149.00 feet along the arc of a circular curve concave to the north
having a radius of 658.56 feet through a central angle of 12057'48" and being subtended
by a chord which bears North 88042'46" West 148.68 feet to a point of reverse curvature;
Thence southwesterly 200.48 feet along the arc of a circular curve concave to the south
having a radius of 400,00 feet through a central angle of 28042'58" and being subtendl?d
by a chord which bears South 83024'38" West 198.38 feet to a pOint of compound
curi3ture;
Thence southwesterly 89.67 feet along the arc of a circular curve concave to the south
having a radius of 720.55 feet through a central angle of 07007'50" and being subtended
by a chord which bears South 65029'15~ West 89.61 feet to a point of reverse culVature;
Tilence southwesterly 231.31 feet along the arc of a cfrcular curve concave to the north
having a radius of 330.00 feet through a central angle of 40009'39" and being subtended
by 8 cflord which bears South 82000'09" West 226.60 feet to a point of compound
:)urvature;
ll1ence northwesterly 534,66 feet along the arc of a circular curve'conC'ave to the
nortl1east having a radius of 1164.47 feet through a central angle of 26018'25" and being
sub tended by a chord which bears North 62036'02" West 529.97 feet to a point of
Gomoound curvature;
Thence Ilortherly 240.24 feet along the arc of a circular curve concave to the east having
a radius of 155.00 feet through a central angle of 88048'19" and being subtended by.a
chord whic.'1 bears North 08059'45" West 216.91 feet;
Thenco North 35024'.25" East 170.65 feet;
Thenes northwesteriy 13.12 feet along the. arc of a circular curve concave to the
northeast having a radius of 1017.00 feet through a can~raI angle of 00044'20" and being
subtended by a chord which bears North 51~O'12" West 13.12 feet;
Thence NOiih 51.08'02" West 1192.89 feet;
Thence northwesterly 459.98 feet along the arc of a circular curve concave' to the
southwest-having a radius of 708.00 feet through a central angle of 37013'28" and being
subtended by a chord whIch bears North 69"44'468 West 451.93 feet to a point of
re'/erse curvature;
Tnenca northwesterly 58.20 feet along the arc of a clrcular curve concave to the north
'laving a radius of 200.00 feet through a'central ang[e of 16D40'24" and being subtended
bv "3 chord which bears North 80001'18" West 58.00 feet;
7:-.3nC2: Ncr'J1 71041 'OS" West 68.54 feet to a point on the south right of way line of
74:crr:a.sson Drive (S.R. 364);
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;,- "; atcng said righ: of\vay i:na 1:1 t~e foHo\vinq ~.""'C 'Jsscrt:ac C::":j':::~,,~:
:'<o~h 39085'35~ ::=ast 520.56 ff3ei;
... \ionh ~39042'30" E:::st 2587..54 feet to the l='rJ:nt of Bsginn!ng ':-;~ '~:-:G ::2r:::--;: ,~,:?:re:n
:iescribed.
~ '.,. ~ : ?3Sements and restrictions of rscora
~..:::i.Cl :33.07 acres more or less
~,.,:; cire based on the east line of SacEon 24 being South ,)()O~-:"17" ':1f;2:.
//.'U~ /11 ~vAJ/LI Date Yo-.. -....a ,..,'-" /
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. :~':,..21 ~-:. :'1laxweH, p.&M. LS#'4650
- '-:,~,'3 c]i' A.uthorizatlon # LB-43
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_ ~ _, p r ~ ,,_, ..__
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J~Cul'1 of ~ of &crion 23, Townsitip S{) South, IUulge 2S E:st, Collier County,
?!ondA
tT':':l: Bot:;mk::i GltJ'deJu)
All eat pan af Sec:tiOR 23, ToWlUhip 50 South, Range 2S Ea.s4 CO~I" Connty, Florida,
bciAJ: oore particularly dtKribed u foDows:
Cl~c::im; z:lt the Dom ~ comer ofsaid Sectioa 23;
t!:encc Soath 00042'47" Eut 50.00 feet to the Point of Br.gjnl'ling ofthe parcel orland
hcrein~;
thence c:o::a.iinac South 00042'47" 2ast 2348.72 feet;
then=: Soaih G90"...4'05 West 980.26 feet;
the:u:e Nortb 00',33'17' West 60.00 fectl
theace Soaih B90:!4'OS" West 300.00 feet;
th=ce NOI1i:I 0(10'.33'17" West 983.85 feet;
theDce Marth COO':Z:rZS" West 1251.75 feet;
th=ce t1ortf:-ri~riy 78.30 feet along the arc of. taDgeutia.I cin:abr CUl"Ve concave to the
IOl:Idleut !:.a~ II raliiu of 9.00 feet through. ceatraf angle of 8!r>43'24" aDd lHling
mbtended by = chord which bean Nor1h ~'17" Eat 70.54 feet;
tl1mcc: Nonh B9014'59n Eut Im.17 feet to the Point of Beginning of the pan:eJ ofland
h eni::I c:lescribeci;
Subject ~ euemmCS and restrictions of record.
Ccn~ 63.E5 ncres more or leu.
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,'iI ifJ":T.,''!I'~.J " l.i~Jlii
:;w Ll:;;;,::!~t:;:a r/:.;~-::;:J, :.J.:::!CT1 &: f1;q/;;$.:.'7,~'J
')e.":I'..r.n!ion cf nart oi S~ons 22. 23 ~nd ~'7. .
TOlJmshlo 60 South. ;~ance 25 B:st~
Gomer C<luntv. Flonda (for Goli1Ar Enremrbtosl
":. ::;:.. ~r De-::tic:ns 22, 23 and 27. TownshIp 50 South, Range 25 E::lst, C;:;i1ier ~unty, ;londa i):?l;,q r:;::;[,3
~:.LJ;::i1V e~c:iboo'as follO'NS:
~ :-::n::; ::::it:ta ~cutheast CQrner of said SectIon 22;
":: :::c1;1 tha east l!ne ofsafd Section 27, South 00'23'12" lNent Zl23.64 feet;
'::; ,,,avlnq :;a1d section Une South 89-32'1 S" West 12S0.14 feet;
: J "form \:0-.27"'..4. West 33~ .71 feet:
":.J r~ormeastariy 846.91 feet slong the are of a tangential drcular curve cc~ve to the coulhcast tavin1 -:
....:;:: ,'JOG.CO reet through a ~ angle of60-~9'19" <md beIng suotended by a cho."d \vhfch team NOrth
-:-"23" ~st 307.91 feet 10 a poInt of reverse ctIrvature;
.::) nc:m:my ":011,.26 feet along the arc ofa tangential clrcularcutve concave to lhe nOl1fno'lesthavlnq D.
,: .:;: 7:;0.73 feet tl1rough a central angle of Tr1 0'46" and being subtenda-d by a chord Which bear.: Nerth
.: ,:; " ~st DZ6.52 feet; :..
,':) :cnh 1S-S9'OzeWest450.59 feet;
'.; ;':OM 60.00"29" East 226.72 faet
':':~ not:heasterty 113,41 feet along the arc of a tangential dmular curve concave to the northwest h<:i\'inq .::
: or ~ 50.CO feet lhrough a centraJ angle of 43.19"03" and beIng subtended by a choi'd whIch bears tkrth
~',:~W '";~ 110.73 feet to a potntof compounci CUtVal1Jre;,
',:; ;:oi'J1eny 320..89 feet afong the arc of a tangentJaf c!rcufar curve concave to ille west having a m.oiu: ,)T
,; ::;r;: t'u'oUgh a central angle of 38-18'13" and beIng subtendect by a ct'.ora wnfch bear" North -:2-':i'~
' " ;:':.':;5 feet to a POint of reverse ctINature;
: ;-,onherrl ~ 09.67 feet along the arc of a tangentiaf clrcutar curve conC<!Ve to the east ho.ving a l<lalusc;'
..; '::8t :hrouqh a central angle of 62-50'20" and befng subte.nded by a chOrd whIch bean: North OO-C5'5'4"
~ '::~~3 f::;et t., a POInt 0( rever"'..a curva~;
:-:o:m::asterly 171.22 feet along the arc of a tangemtlaJ circular ctIrve concave to t:1C! west having n
.r -< 3e.O::> feet through a central angle of 54-30'00" and being stlbt~nded by a chord wtUc.i benr:: NOjJ1
.. 3" ~:::st ~ 64.83 f~ '
'"r... ~.~ Q'44'1.WeSt 123.011eet:
'''.::l:1nwestetly and easterfy 197.05 feet along the arc of a tangential drcular CUN13 concave to the
::s~ :hi1.'ing a mdJus of 100.00 feet through a cantral angle of 112-54'00" and being flubtended by"
i1I~ b~ North ~3~6'16" East 166.66 foot;
'~::t.'1 :39-43'16~ East 110.00 feet; ":
':!::tc-rlV rmd northwesterly 213.10 feet along the arc of a tangential drcuiar cunra concave to the
'-::~ i1s",ing ::1 radius of 100.00 feet through a centra1 angle of 122-C-6'OO" nnd being subtend3<( uya
,::':"1:Jaam North 2S-.w'16" ~ 175.01 feet to a polntof~ curvature:
::n:':eny <i.id nonhea.steriy 78.69 feet along tile arc of a lmlgenfiaJ clrctUar Cu.ve concave to the e:lSt
' ,'3,o:us of eo.OO feet through a ~traI angle of !lO.1 0'20" and belng Sllbfcnded by n chord whIch bar.:;
.~. :...:.:~,. ~ 70.82 feet;
,Ji..;1 6(",l7"Z6" !:ast 67.46 feet;
:"::;:'':'1'/:'JllC northwester1y 194.01 feet'aIong the am of a tangentIal drcuJar curve co.'1cmra to tho 've.st
,--::!:us ci7S.CO feetthrougf1 a centraJ.angla of 148-12'45" and helng .::;ubtended by n C:-:ord Whtch
:;'<.1.. ',: S.~ 0'-40" West 144.27 feet;
: ,jlr...'i ;jg.~'S1.'Nest SO.OO feet: "
',O.c.'~lW :"'.1ld ~UltrHestariy i51.oS feet ...rong the an: of a tang~'itial circular C'..uvo concave to the
.;~ ;:;:,.-;;:q n radius of 100.00 feet through a central angle ofSO'OO<CO. <:Ind b:;!r:g Cl.l:Jtendea by '3 C,10t'd
'~;:;;:.!~i 44.~r~:i'fWWest 141.42 feet;
,,::..;.;;: cO':"'SOO~ ~ 169.99 re~
:::'"'~'i"~,,,,::.!1V b'2.Sa feet donq L19 arc of a tanq::-ntial drcufar curve concave to the narthvres! havtng '.l
~ .,J ,:3t :'n.'"Ouqn a ~ntr;;J angle of 72010'2<3" and balng subtended by 0. cl1c.."ti vm!ch ~rs Seuth
' "',:53.,:0 "-"Bt:
:-"... ., .4~." ~ f!; -'SarasDta 'l'::uup:z Ta/lal1.:z:;r;~tJ 12anama ::1:;- 'JOt:1ch
:~':: ,~':'!(;:'lf.::.r,a; :;:';'iE ::,'Co ,'!:ra.':s. j';<Xtd:J :;'4105.'41-?1fJ-4040 ~ ~14f.'{J43.o71B:!J
nnv..u~:/ar.c;m
;116Q.Jtj,f/[ll"',;r('~4 - ~ L;.;..r LC..(:~1~
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EXHIBiT :1-:
!/IJiisonMiller
,,-
,'law IXttt:tior.l In Pftnnmu, DuIqn & EnUfl'Mlfll1/
lhenC3 South 71..45'19"Vlest 116.04 feet;
1tlenC3 southweste:iy and southerly 248.54 fa&. along the arc of a tangential circular CUNe concave to tile
SOUtheast h3Wng a racifus of 150.00 feet through a central angle of 94-55'03" and being subfended by a chord
whIch bears SOUttl24'17'1S- West 221.07 feet;
lhan'C3 Soutft 23-10'44" East 123.01 feet; .
lhenes ooutherty and::oUlhwesteriy 101.05 feet along the an:: of a tangential c1rcu1ar curve concave to the
northwest having a r;::::.us of 50.00 feet through a central angle of 115-4r41" and being subfended by a chord
'Nh1ch bears SOUff134t43'14"West84.71 feet to a poIntofcompoumt curvature;
thenes norihwesteriy 256.0B feet along the an:: of a tangentfal clrcular ctUVe concave to the .northeast 'having a
radius of 220.00 feet through a cenlraf angle of eS"41 '32" and being subtended by a chord WhIch betw North
64.02.'10" West 2.41.87 feet;
thanes.North 20"41'24" West 195.01 feet;
!henco nonheasterly 312.33 feet alonG the arc of a tangential clrcular curve concave to tile east having a
iadIus of 280.00 feet fhrough a central angle o( 63"54'-40. and being subtended ~ a c:honf whIch bears North
11.15'W' East 296.39 feet to a POint of revema CUtVaturei .
thenes~. norlherty and northwesterly 516.02 feet a1ong:1he arc of a ,tangen1fal circular CUIVO
concave to the west having a radius of 300.00 feet th~gh a central angle of 9S033'OS'".and betng sublended
by a chord whIch ~ North 06"03'18. West 454.72 foot;
thenria NOf111 55019'52." West 628.65 feet;
thence North 02~3'1 a- East 275.02 feet ;
thence nCrihea.steny 77.62 feet along the an) of a tang~tiaJ circular curve concave to the southeast having a
radIus of 50.00 feet through a centm! angle of 8So57'04. and befng subtended by a chon1 WhIch bears North
46-51'48" East 70.OS feet. to it perot or reverse CUtVature; .
lhCllca northeasterly 731.46 feet along the arc of a fangentlaJ cl'rcular cuIVe concave to the north having a
radius of 1200.00 feet throUgh a central angle of 34055'29" and being subtended by a chord WhIch bears North
73.52~6. SJst 720.19 feet to a point Of reven>e CUMrtute: .
thenca northeasterly, northerly and norihwesterly 134.88 feet along the arc of a tangential clrcular curve
concave to tlte west having a radtU$ of ~O.OO feet through a central engle of 154~'4&.' and beJll9 SObfended
by a c.horo \vhrch bears North 20'52.'02" W~ 97.55 feet to a poInt of reve~ curwJJJre; ,.
thenco Westerfyartd,northaasteny 71.31 feet along the arc of a tangenfial drcularCllfVEI concave to the
northeast haV1nq a rndIu:: of 35.00 reet through a cenfraI angle of 118044'18" arl:d be!ng sU,btended'by a chord
wt1fch bears Nonh $9046'46'" West 59.60 feet;
thence North 18~ east 68.45 f~
fhenca North ':3"49'59" EastS40.07 feet;
lhenca North OrOO'50'" ~ 161.59 feet;.
thence North 62'59'1 0" West 35.00 feet; ,
theneo North oroo'SO" East 14.14 feet;
fhenca North a!r1 8'51. East 5.27.45 feet;
fhencs Sooth 00-13'12" East 335.51 feet;
theneo Nonta 69t;24'ti2" S3st 1333.23 feet;
thence North. OO'3~O" West:30.00 foot:
thenoa North S9~'52" East 50.00 feet:
thenes South OO~SO" East 537.45 foot;
thence south 89'29';24" West 916,48 reet;
Ulenee SouIh 00-00'04" East 453.00 feet;
fhencs &OUth ar&'24"West470.o1 feet; ,
~enca Sotllh 00-06'04M Slst 2039.29 feet to th~ PoInt of Beglnnlng of tI1e parcei herein described;
Subtect to easements and mstrlctfons of record.
Contafnlng '%24.33 aQ"aS mom or less.
~iI~1'Vot::~~
'-'HI ,Page2 of 3
'1Z::U'\1>1::I..~
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,
:}EJ'f! J)~re.:::!orr: In F!;utnkl.a, OJ$/g7f 41!Jl(;JnWIfJq
..::... cf S~on 27, Tovmshlp SO South, Range 25 East, CoIUer County, Florida, l:dng morc pardcuicre
".~ ~s follows:
._~ :n~ng crt tho Norlheast corner of said Sed!Otl 27:
',.. . :long the eastJIna of said ~edion 27 Souih Q0"23'12" West 2690.18 feet to the PoInt of Beginning ct
::';::;1 hereln described;
"'J '~ntlr.ue along said SectiOn line South OO~3'14" West 2689.01 feet fo the South line of satd Section 27
';'long saId South Iln& South 69-31'09" West 758.!U feet;
.':: . ~v1ng said Sectfon fine along a Bulkhead !tne per CaUler County BUlkheadl!ne Book 1, page 3, a.R.
: .': ~--3. pages 1303--1304, Collier County, Florida In the following four described courses;
~.:~::;ny 956..29 feet along the arc or a tangenlIaf cltcular cwva concave 10 the east having a raC1lu~ of
H::3 -;~ thrcugtJ a central angle of 12"19'17" and being sUbtende-d by a chord whIch bears North
'-:';," '33st 954..45 feet:
:::.1 cse'rrozo ~ 770.62 feat;
:-:..1:;''1'( and NorthWesterly 6~S.57 feet along the arc of a tangential drct:lar curve COI1<:QVG to iho
;':c,st having malus ot SiT. 14 feet through a ecntraJ angle of7:~44'36" and' beIng subtended by a chord '
: ;~ North 30"0S'16" West 613.35 feeUo a polnt of reverso CUlValttre;
:-:'''::'1esteny and Northerly 549.88.feet along the arc of a tangential drcuiar ctlrYa concave to the
~~::.::.t having n radIus of 477.36 feet through a cenfraJ angle of 66"OO'OO"and beIng subtended by a cho.'"d
.::::.am North 33ezr33" West 519.98 feet to t-;~ South fine of Government Let 1 '
: .:onq ihe &:luth lIne of SaId Government l.c; 1 and Ieavl'ng said l3uU;haad Une North 89'32'16" East
:J ~~et to the Point of BegInning of the parce! heretn desenbed.
~:':) easements, reservations, ngh~f-wayand resbictIons of record.
:-::,,'] 61: 11 acres more crfess.
::: -'J'9 based on fue east Une of said Section 27 belng South OO~3'13 West (per Slato Plane
;~to System. Acrfda East Zone, NAn 83 AdJustment).
.....;:..~ Ccmalns175MAcres mom or less.
, .~;l:cr.. Inc.
,_)~J Ii ~CvJ~p.
':L ;,iaxweli, PSM tt4j550
,j ::11:e::;$ e."nhossed \vith file ProfeSsIonal's seal.
~~~8
'~..,"j07-v13
.'~nc!'26. ;::002
?c.g~ ci ~
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''''_''_H'_''~''''''"__''"''__
..--------,,,-- , '_._",~' , ....'--,,,...y,,,'.'...,,
EXHIBIT ~ .
LEGAL DESCRIPTION:
All of Section 25 and part of Sections 23, 24, 26 and 36, Township 50 South, Range 25
East, ;md part of Section 19, Township 50 South, Range 26 East, Collier County, Florida
and being more particularly described as follows:
Beginning at the Northeast Comer of Section 25, Township 50 South, Range 25 East,
Collier County, Florida;
Thence along the East Line of Said Section 25 South 00022'18" West 2,687.69 feet;
Thence continue along the east line of said Section 25 South 000 20' 3T' West 2,685.56
feet to the Southeast Corner of said Section 25;
Thence along the East line of Section 36 South 00019'56" West 1,518.00 feet;
Thence North 87028'51" West 5,326.38 feet;
Thence North 00014'25" East 1,254.17 feet to the North West Comer of Said Section 36;
Thence along the south line of Section 26 South 89032'22" West 2,696.15 feet;
Thence continue along the South line of Said Section South 89029' 09" West 2,696.69 feet
to the Southwest comer of said Section 26;
Thence along the West line of said Section 26 North 00022'46" East 2,689.10 feet;
Thence continue along the West line of said Section 26 North 00022'20" East 2,690.20
feet to the Northwest Comer of Said Section 26;
Thence along the West Line of Section 23 North 00006'08" West 1345.66 feet;
Thence Continue along the West line of Said Section 23 North 00007' 16" West 693.72
feet:
'Thence North 89029'01" East 469.67 feet;
Thence North 00004'49" West 453.06 feet;
Thence North 89030'33" East 916.44 feet;
Thence North 00031'29" West 567.34 feet;
TIH:nce Nort1189"27'53" East 300.00 feet
Thence South 00032'07" East 60.00 feet;
Thence North 89028'59" East 980.33 feet to the West line of the plat of Naples Groves
and Truck Co's Little Farms No 2 (Lots 67-69), as recorded in Plat Book 1, Page 27,
Public Records of Collier County, Florida
Thence :uong said West line South 00046'37" East 308.52 feet;
Thence Continue along said West line South 00040'46" East 673,87 feet to the Northwest
Corner of Lot 70, of said Naples Groves and Truck Co's Little Farms No.2;
Thence along the North line of Said Lot 70 North 89027'07" East 1,322.10 feet to the
North East Corner of Said Lot 70;
Thence Along the East line of Said Lot 70 and Lot 71 of said Plat South 00043,'14" East
674.00 feet to the Southeast comer of Said Lot 71;
Thence along the South line of Said Lot 71 South 89028'25" West 1,322.26 feet to the
Southwest come:' of said Lot 71;
Thence dong the \Vest line of Said Plat South 00042' 15" East 1,347,80 feet;
-~._.
-,
--
\:"HIBI"7' -= ..
a-#\ '1 _...,.:..
lnence continue along said West line South 00020'27" West 1,344,53 feet to the
Southwest comer of Lot 79 of said plat;
Thence along the South line of Said Lot 79 North 89031 '43" East 1,346.87 feet to the
fractional comer of said Section 26 being the Northwest corner ofllie Northwest Quarter
of the Southeast Quarter of the Northeast Quarter of Said Section 26;
Thence along said fractional line South 00019'29" West 671.99 feet to the Southwest
corner of said fractional quarter;
Thence along the south line of said fractional Quarter North 89Q31 '42" East 673.39 feet
to the Northwest comer of Let 81 of Said Naples Grove and Truck Co's Little Farms No.
2;
Thence along the west line of said Lot 81 South 00012'23" West 672.16 feet to the
Southwest corner of said Lot 81;
Thence along the south line of said Lot North 89031'43" East 672.16 feet to the East line
of Said Lot and the west line of said Section 26;
Thence along the East line of Said Section 26 North 00019'29" East 2,688.11 feet to the
Nor.heast comer of said Section 26;
Thence along the East line of said Section 23 North 00042'49" West 1,351.04 feet to the
southeast corner of Lot 91 of said Naples Groves and Truck Co's Little Farms No.2.
Thence along the South line of said Lot 91 South 89027'26" West 1,320.61 feet;
Thence along the west line of Said Lot 91 North 00047'37" West 337.27 feet;
Thence along the North line of said Lot 91 North 89030'5T' East 1,320.45 feet to the east
line of said Section 23;
Thence along the East line of Said Section North 00044'44" West 1,011.86 feet;
111ence Continue along said East line North 00034'32" West 752.45 feet to the Southwest
corner of that land descnoed in Official Record Book 1027, page 678, Public Records of
Collier County, Florida;
Thence along the South line of said Land North 89031 '59" East 1,289.77 feet;
Thence along the East line of said Land North 00042 '37" West 1,890.79 feet to the south
Right of Way Line of Thomasson Drive (100 Right Of Way);
Thence along said Right of Way Line North 89035'12" East 1399.52 feet;
Thence continue along said Right of Way line north 89035'12" East 2855.89 feet to an
intersection with the westerly Right of Way line of US 41 (Tamiami Trail) (State Road
No. 90);
Thence along said Right of Way oiUS 41 of South 39003'59" East 1266.82 feet;
Thence continue along said Right of Way South 39003'59" East 5,193.08 feet;
Thence Along the boundary of that land described in Official Record Book 2605, page
2484, Records of Collier County, Florida in the Following three (3) described courses;
1) South 88013'29" West 373.28 feet;
2) South 01046'31" East 166.40 feet;
3) North 88013'29" East 500.00 feet to the Westerly Right of Way line of Said US
41;
Ihence along said Right of Way line South 39003'59" East 62.85 feet to a point at the
intersection of said westerly Right of Way and the South line of Section 19, Township 50
South, Range 26 East, Collier County, Florida;
rhence along the South line of said Section 19 South 88"13 '29" West 1,636.98 feet;
_.~,-,-,-~--
..-- .. ..... .~- v.. ,",_"", R'
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EXHIBIT 2-3
Thence Continue along said South line South 88023'16" West 2,491.52 feet to the POINT
OF BEGlNNING.
Less and excepting there from the waters of Tide Creek located on the west line of
Section 23.
Subject to easements and restrictions of record.
Containing 2,416.08 acres more or less.
Bearings are based on the North Line of Section 19 being N89042'24" E - Florida State
Plane - East Zone 83-90 Adjustment.
-_",__..,,_'''I~ P",'"" -'--.-.,-,,-.'.'.
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