Ordinance 96-30 ORDINANCE NO. 96- 30
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE,
ACKNOWLEDGMENT OF APPROVAL OF THE
TRANSFER OF DENSITY OF FOUR (4)
EQUIVALENT DWELLING UNITS TO HOTEL UNITS
PURSUANT TO THE FORMULA DESCRIBED AT
SECTION 2.2.24 10.6 OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE FROM PROPERTY
SITUATED IN THE CONSERVATION-ACSC/ST
ZONING DISTRICT AND LOCATED IN SECTION
20, TOWNSHIP 50 SOUTH, RANGE 34 EAST AND
SECTION 26, TOWNSHIP 50 SOUTH, RANGE 29
EAST TO PROPERTY SITUATED IN THE "RT"
RESORT TOURIST ZONING DISTRICT DESCRIBED
AS LOTS 1 THROUGH 19, PALM RIVER SHORES
AS RECORDED IN PLAT BOOK 3, PAGE 27 OF
THE PUBLIC RECORD~q OF COLLIER COUNTY,
FLORIDA AND THE FEE TITLE IN AND TO THAT
LAND COMPRISING THE FORMER PLATTED ROAD,
PALM COURT, VACATED APRIL 1, 1976, ALL IN
COLLIER COUNTY, FLORIDA~ FOR A RESULTING
DENSITY OF 28.5 UNITS PER ACRE IN THE RT
ZONE; SECTION TWO, APPROVAL OF GUARANTEE
AND SECTION THREE, EFFECTIVE DATE.
WHEREAS, Catherine E. Kidon of Treiser, Kobza & Volpe,
Chtd., representing Southwest Hotels Corporation petitioned
the Community Development & Environmental Services Division
Administrator to transfer a density of four (4) units from
property situated in the Conservation-ACST/ST Zoning District
which allows I dwelling unit per five (5) acres located in
Section 20, Township 50 South, Range 34 East, and Section 26,
Township 50 South, Range 29 East, Collier County, Florida to
a parcel of property situated in the "RT" Resort Tourist
Zoning District described as Lots I through 19, Palm River
Shores as recorded in Plat Book 3, Page 27 of the Public
Records of Collier County, Florida and the fee title in and
to that land comprising the former platted road, Palm Court
vacated April 1, 1976, all in Collier County, Florida for a
resulting density of 27.12 units per acre in the RT zone
pursuant to Subsection 2.2.24.10 of the Land Development Code
(LDC) (Ordinance No 91-102, as amended); and
-1-
WHEREAS, the Community Development & Environmental
Services Division Administrator has approved the transfer of
density pursuant to Subsection 2.2.24.10.4 of the LDC~ and
WHEREAS, it is necessary for the Petitioner to obtain
the approval of the Board of County Commissioners of a
Guarantee that the ST lands will be forever retained in their
natural condition and will never be developed in any manner
whatsoever by anyone pursuant to Subsection 2.2.24.11.8 of
the LDC~ and
WHEREAS, David H. MacDonald, Jr., as Personal
Representative of the Estate of Lillian G. McDonald, and
Theodore and Jeanette Gross on behalf of South West Hotels
Corporation, a Florida corpoTation, have conveyed the ST
property to The Conservancy in fee simple by warranty deeds
as required by Subsection 2.2.24.10.4 of the LDC; and
WHEREAS, said warranty deeds contain the Guarantees
required by the LDC; and
WHEREAS, the Petitioner hereby petitions the Board of
County Commissioners to acknowledge the approval of the
density transfer by the Community Development & Environmental
Services Administrator and to approve the Guarantees
contained in the warranty deeds.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida that:
SECTION ONE: ACKNOWLEDGMENT OF TRANSFER OF DENSITY
The transfer of density of 4 hotel units from property
situated in the Conservation-ACSC/ST Zoning District which
allows I dwelling unit per five (5) acres and located in
Section 20, Township 50 South, Range 34 East and Section 26,
Township 50 South, Range 29 East, Collier County, Florida, as
more particularly described in Exhibit "A", attached hereto
and incorporated by reference heroin, to a certain parcel of
real property situated in the "RT" Resort Tourist Zoning
District described as lots i through 19, Palm -2-
River Shores as recorded in Plat Book 3, Page 27 of the
Public Records of Collier County, Florida, and the fee title
in and to that land comprising the former platted road, Palm
Court, vacated April 1, 1976, all in Collier County, Florida,
as more particularly described in Exhibit "B", attached
hereto and incorporated by reference herein for a resulting
density of 27.12 units per acre is hereby acknowledged.
~ APPROVAL OF GUARANTEE
The Guarantees required by Subsection 2.2.24.11.8 of the
LDC and as set forth as restrictions in those certain
warranty deeds between David H. MacDonald, Jr., as Personal
Representative of the Estate of Lillian G. McDonald, and
Theodore and Jeanette Gross on behalf of South West Hotels
Corporation and The Conservancy, attached hereto and
incorporated by reference herein as Exhibit "C" are hereby
approved.
SECTION THREE: EFFECTIVE DATE
This Ordinance shall become effective upon filing with
the Department of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this //~ day of
, 1996.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~.. ~L~A'~'~ ~
A~PR~..'~.~'~'' TO FORM AND LEGAL SUFFICIENCY f;ling received ehis ~-dcy
STUDENT
0
ASSISTANT COUNTY ATTORNEY
ORDINANCE/17248
-3-
KETCH OF DESCRIPTION
VARIA'1~ONS )N DIRECllONS AND DIST~S
BR~DO~ R~ ~R~Y ~
THIS IS NOT A SURVEY
mE NW t/4 ~ NE t/4 ~ ~ t/4 ~ NE
~ ~ t/4 ~ ~ t/4 ~ ~C~ 26. T~P ~
C~ C~N~. ~A ~ ~E ~ I/4
~ ~ 25. T~P ~ ~ ~ 29
~[ BONG 10 ~ M~ ~ ~
N~m~T 1/4
~ - DETAIL
~ N& 1/4 N
N.~ ~/~ ~ ~ ~w.
~* SCALE 1"
~-~
SCA~ 1" = 800' , ......
~""-6H~- OF DESCRIPTION
,z. ,/, DETAIL
' . DET~L
~': ~/~ _
::. SCALE 1" = 800'
(3~'~t. J'ALN alva II~OREBo'.4B RECORDtO 'IN I'LAT BOOR 2
glLl~trCO~5
~k'~TL~""I~'~DTC~ AT X . 'LLtLI CC)UIrI'T, IPLORIDA AI~D TME
· ) cATI:D A!'RIL l, lt?l. IIIIIcI fIE IPC)IU(III I~LATTID lOAD (PAIN
IIIIBJBcTTO IASIMEIITI, IILITII'~riOI AND IlllllifA~l'iOl ~F'IIIcQRU.
VACATION Jlo.~K ~
LOT I THRU 16 S N. 25' OF LOT 17 INCLUDING PALM C~!T VACATED IT
A IIIOLUTIQ~ APtROVED IT THE BOARD or COUNTY C~lSSlOlllS ON
JA~ARY 20. Z9?l rILED IN THE HIHUTI I~K HO. 31, PA~I I~. llCOIOlO
In ~Z ofFiciAL llcoPD I~l 640 PAGE 2~1 - 210, JAH~APy ~1.1~16.
~. I .~. ' ~ET IlqQ P~I~
'. i
I':XIITBTT "B" --
The Nortcm Tru~ Buildln~
4001 Tamhmi Tnlil N., Sit. 330
Naples, Flodda 33940
WARRANTY DEED
THIS ~r~q'rUR~ exec'~ed
H. ~d Jr., u Pc~ R~vc of~ O. Mc~d,
~~~ p~ ~d
~nd ~ ~o~ ~ is 1450 Menus ~ve, Napl~ Hod~ 33942.
~S~
~ ~e p~ d~ ~ ~ for ~d h ~~ d~ m of~ ~ ~I~
($10.~) DOL~, ~d o~. g~ ~ ~le ~id~on m ~ ~ of ~e ~ h
p~d by ~e of ~e ~nd ~ ~e ~ipt ~f ~ h~by ~l~ ~"
SE ~ of~ ~ of~
TOG~ ~
S~ TO ~o~, ~o~ ~d
~ ~ for ~e y~ 1996 ~d
Idenaficafion Nm~r 0~54~007.
~ ~R
pw~ p~t
a~l~, or w~ ~ndifio~ R~n ~ch m u ~mble hbimt for
fis~ pl~ ~ ~ldlife, ~ ~e mc~ h~ or physi~
~i~fi~ ~d ~n e~S !~d ~. ~s ~a~on
~ ~bi~ gl of~, folloWrig:
1.) ~on
bi!l~a or o~ advcm~
on or
D~p~ or plachg of
2.) ~ l~d~ll or d~phg or pl~hg of ~ ~ or
~fly ~ off~ivc m~.
3.)~ov~ord~onof~~~~
4.)~o~
~k or
~r~~np~~h~~
6.) Acg~ d~
~on, ~ion ~n~~~
~!~ifc ~i~ ~io~
7.) Am or
8.) Ac~orm~~~mof~~
inte~ or physi~ ap
si~.
Page ! of 2 of WarmnW Deed
AND FURTHER SUB,IECT TO the restriction that said proper~/shall be
PARTY of the first part covenants to and with ~ of the second part, its sx~ccessots and
assigns that first party has good ri t and lawful authority to sell and convey the property, that all
things preliwlnn_,7 to and in and ~ut the sale and this conveyance and the laws of Florida !ave
been followed and complied with in all respect and patx3v of the first part hereby fully watzm~ts the
title to the property and will defend title against the lawful claims of all persons.
This property is not the homestead of the pttty of the fu~t part who if fact resided in Tyros.
IN WITNESS WHEREO~, the "
te of Liilian (3. McDonald, de~~,~ of the fur pazk as Personal Relxesent~v~ of the
above-written. hereunder set its hand and seal on the day and y~ar
Signed, sealed and delivered in the ptuence of:.
~ Lillian O. McDonald o
Wimess #1 PrintedName
Witness #2 Signature
Witness #2 Printed Name
STATE OF
COUNTY OF
THE F REGOINO INSTRUMENY was acknowledged before me this /7 day of
,~RE/~ ,. 1996 b DAVID · ONALD, JR., as Personal R entalive ofth~ Estate
ofLillinn i~.McDo~d who (is pI~~own to me) (has produc,~,c~n~da drivefs license/picture
............... "'~-' ....~u ~ PUBL C (SEAL) --/
Page 2 of 2 of Warranty Deed
, · sl I T "c"
Thb instrument Fepared
VofFe, Charter~
The Holthem Trust BuildinS
4001 Taminmi Trail N., Ste. 330
Naples, Florida 33940
WARRANTY DEED
executed Us d tray of ~JE' ,1996, between
Tt-[I8 INDEN FdR,E, husl~md and ~q~se address iS 203 Eagle Point Boulevard, Erie,
Thcodor~ and JeancUr Gross,
Pennsylvania 1651 i, party o~ the ~rst art, and The Consavancy, Inc., ~ Florida non-profit
corporation, party of ~c second part, ~v~ose address is 1450 Merrihue Drive, Naples, Florida,
33942.
V~'NESS~
Thai She l~rty of she t~ part, for and in consideration of she sum ofTEN and 00/100 '.
($10.00) DOLLARS, and oSher g.o.~l and va|uable considerslion Io Ihe part7 of the
hand paid by Ihe party of the second part, the receipt wher~f is her~b), acknowledged, her~.by
grants, bargains and sells to the pa~ of the second its successors and assigns forever,
following desertbed land situate, lying'and belng in Co li~'er Couuty, Florida to wit:
NW ~ ofNE ~ ofSE '~ ofNE ~ and N K ofN'~ *~ ofSE ~ ofNE ~ and NE
ofNE ~ of SW ~ ofNE ~ in Section 26, Township 50 Sou~ Range 29 East
whos~ Proi~ ]deutification Number is 00502280001
TOCETR'ER wiSh sdl She tenern~n~ her~ditaments and appm'tenances
belonging or in anywise app~g to Shat real propetiT.
SUBJEC'F TO reservations, reslHctinns and easements of record and real
estate taxes for She year 1996 and all subsequent years bearing Properly
ldeutif]cation Number 005022~0001.
AND F[JRTlqrER SUBJECT TO a Conservation ~nt on lhis
properl~ ptu'suaut to Florida S|alutes section 704.06. This easemeut shall
retain the abov~ described proper~ in its naluf-,d, scenic, open,
agricultural, or wooded condition, retain such areas as suitable habitat for
f~sh, plants or wildlife, retsin the structural integH or physical
ap earanc~ of any sites of historical, architectural, ~a~rct~a~ological, or
curOral s]gni~canca and maintain existing land uses. This Couservation
Easement prohibits all of the following:
I.) Consu'uction or placin~ of buildings, roads, signs,
billboards or o~her advemsing, utilities, or other structures
on or above the ground.
2.) Dumpin or placing of soil or other substsnca or material
as ]and~ll or dumping or placing of trash, waste or
unslgh|ly or offensive materials.
3.) Removal or destruction of trees, shrubs or other vegetation.
4.) Excavation, dredging or r~moval oflcam, peat, g~vel, soil,
rock or other material substan~ in such manner as to affect
She surface.
~,) Suzface use except for sos that permit She land or
water area to remain pre~om~m;ntly in its natunll condition.
6.) Activities detrimental to drainage, flood control, water
conservation, erosion control, soil conscn'atinn or fish
wildlife habitat preservation.
7.) Acts or uses detrimental to such retention of ]and or water
8.) Acts or uses dc~menta] to She preservation of the mc~ural
integrity or physical ap ce of sites or properties of
historical, architcct~,~;'m'an~chaco]ogical or cultural
significance.
Page I of 2 ol'Warranty Deed
l':Xll 1 II tT
AND FURTHER SUBJECT TO ~e restriction that said perry shall be
forever retained in its natural condition and will never be ~vm21opcd in any
mariner whatsoever by anyone
Pa~ty of tl~ first part covenants to and wills pa~ of the second part, its successon and
assigns that party of the first part has good fight and lawful authority to setl and convey Ihc
property, that all things rclimi to and in and about tt~ sale and this conveyance and the laws
of Florida have been toGowed ~naz~ complied with in all respect and party of t!~ first part hereby
fully wan'ants the title to the property and will defend the title to the property ag;dnst the lawful
claims of all persons whomsoever.
This property is not the homestead of the party of the first part who in fact reside
in Pennsylvania.
IN WITNESS WHER.EOF, the party of the first part, has hatunder set its hand and seal on
the day and year first above-writTen.
Silgn~{, scald and delivffcd
in our presence: , '~~EAL)
· ,. re OmssTheodo .
Jeanctze Gross
STATE OF
COUNTY OF
~ictur~ idcntificatfon) and who (did/' ot) take an oath.
,. . [. . ".:.: :!" ,
~icture identification) and who (did/did no take an o~.th. a
ho (did/di~~ ,. '~i~ .. -..
~..~.
Page 2 of 2 of Warranly Deed
EXIfl BIT *'C'* -,
_
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 copy of:
ORDINANCE NO. 96-30
Which was adopted by the Board of County Commissioners on the llth day
of June, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 19th day of June, 1996.
,..:N~XI!Et?.~,' '.i',
Clerk of Courts andf~l~.:r~.'Z, '!'2:.'.". ~."
Ex-officio to Boarc]~
County commissione~s%~],,~:~ ~., ".
· .' :..:. '..
?..
By: Deputy Clerk ~':f'.~'l