Ordinance 96-39 ORDINANCE NO 96- 39 i~
. , ~
'3
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 ONE HALF OF A
DWELLING UNIT PER ACRE FROM PROPERTY
SITUATED IN THE CON-ACSC/ST ZONING
DISTRICT AND LOCATED IN SECTION 30,
TOWNSHIP 51 SOUTH, RANGE 29 EAST, TO
PROPERTY SITUATED IN THE RMF 12(6)-RP
ZONING DISTRICT WITH A CURRENT DENSITY
OF 6 UNITS PER ACRE FOR A TOTAL DENSITY
OF 6.08 UNITS PER ACRE AND BEING LOCATED
IN SECTION 17, TOWNSHIP 52 SOUTH, RANGE
26 EAST, ALL IN COLLIER COUNTY, FLORIDA;
SECTION TWO: APPROVAL OF GUARANTEE AND
SECTION THREE: EFFECTIVE DATE.
WHEREAS, Frank W. Cooper of F.C. Properties, Inc.,
representing Club Marco Development Ltd., petitioned the
Community Development & Environmental Services Division
Administrator to transfer the permitted density of one half
of a dwelling unit per acre from property situated in the
CON-ACSC/ST Zoning District and located in Section 30,
Township 51 South, Range 29 East, Collier County, Florida to
a parcel of property situated in the RMF-12(6)-RP Zoning
District with a permitted density of 6 units per acre and
located in Section 17, Township 52 South, Range 26 East,
Collier County, Florida pursuant to Subsection 2.2.24.10 of
the Land Development Code (LDC) (Ordinance No 91-102, as
amended); and
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
W~EREAS, it is necessary for the Petitioner to obtain
Guarantee that the ST land will be forever retained in its
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, Frank W. Cooper has conveyed the ST property to
Florida Wildlife Federation in fee simple by warranty deed as
required by Subsection 2.2.24.10 of the LDC; and
WHEREAS, said warranty deed contains the Guarantee
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 Guarantee contained
in the warranty deed.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida that:
~ECTION ONE: ACKNOWLEDGMENT OF TRANSFER OF DENSITY
The transfer of density of one half of a dwelling unit
per acre for property situated in the CON-ACSC/ST Zoning
District and located in Section 30, Township 51 South, Range
28 East, Collier County, Florida, as more particularly
described in Exhibit "A", attached hereto and incorporated by
reference herein, from said parcel to a certain parcel of
real property situated in the RMF-12-(6)-RP Zoning District
with a current permitted density of 6 units per acre and
located in Section 17, Township 52 South, Range 26 East,
Collier County, Florida, as more particularly described in
Exhibit "B", attached hereto and incorporated by reference
herein is hereby acknowledged. It is further acknowledged
that said transfer hereby yields a total density of 6.08
units per acre for said receiving parcel.
-2-
~a~=T~tP3i_~cLQI APPROVAL OF GUARANTEE
The Guarantee required by Subsection 2.2.24.11.8 of the
LDC and as set forth as restrictions in that certain warranty
deed between Frank W. Cooper and Florida Wildlife Federation,
attached hereto and incorporated by reference herein as
Exhibit "C" is 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 COEHISSIONERS
COLLIER COUNTY, FLORIDA
· ".. .... i...~ J'0~N C. NORRIS, CHAIRMAN
ATTEST: '
·-' ;DWIGHT E .. K, CLERK
APPROVED~AS TO FORM AND LEGAL SUFFICIENCY
' ~ .~-44.~f,~-~ Thi~ ordinance filed with the
Secretan/of State's Office the
· STUDENT
ASSISTANT COUNTY ATTORNEY
~'.~? ,cceivcd ~his~ doy
ORDINANCE/17 175 °f/~8'~'."~
LEGAL DESCRIPTION
The SW ~ of NE ~ of NE ~ of SW ~ in Section 30, Township 51
South, Range 29 East as recorded in O.R. Book 528, Page 803 of
Official Records of Collier County, Florida. Containing
approximately 2.5 acres.
EXHIBIT "A"
CLUB MARCO# A CONDOMINIUN
ALL OF ~RAC~ wCw, MARCO B~ACH, UNIT SEVEN, KECORDI9 IN PLAT BOOK 6,
PAGES 55 THROUGH 62, INCLUSIVE, OF THE PUBL]~C RECORDS OF COLLIER
COUNTY, FLORIDA, LESS AND llClPr ~IE FOLLOkFING DESCRIBED PARCEL:
A 20 FOOT BY 323 FOOT STRIP OF LAND LYING ALONG ~ SOUTH BOUNDARY OF
TRACT "C" AND ABUTTING THX NORTH BOUNDARY OF TRACT mFm AS SHOWN ON
SAID PLAT OF MARCO BEACH, UNIT SEVEN, SAID STRIP OF LAND BEING MORE
pARTIC~IF~uRLY DESCRIBED IN O.R. BOOK 918, PAGE 51 AND O.R. BOOK 1042,
PAGE 1708, AN RECORDED IN THE PUBLIC RECORDS OF CaLLIER COUNTY, FLORI-
DA, SUBJECT TO EASEMENT, RESTRICTIONS, AND RESERVATIONS OF RECORD.
MELVIN , P.L.S.
A O
DATE= OCT. 4, 1995
REVISED: OCT. 9, 1995
Exhibit
Nay-17-g6 08:43A Slesky P11on & Wood 941 263 76]] P.02
Thin ZnsCrumen~ F~epe~ed
SISSKY, PILO~ & WOOD
1000 North Tamtami
Suite 201
~sples, Florida 33940
Grantor
grantee
Grantee 2.$.N
Property ~reiser Folio No.s
WAR~ DBED
COOPER, whose east o£~ce J n a ,. between FRAME W.
FLORXD&WlIa~XFI FIDIIIaTION. whose addrams is 5051CastelloDr/Ye· St/as 240, Naples.
Florida, 33940, o~ ,the County of Cell/mr, State o~ Florida, Git&MTEE.
WITNIS~'X that the GRANTOR, for and In consideration of the sum of T~f & NO/X00
|$10.001 DOLLARS. and other good and valuable consideration to
by aRe/frEE, the receip~ whereof/s |sereby acknowledged. hem granted. bargained and
sold to the said GllANTEE and GRANTII'S heirs a~d assigns forever, the follOw/aS
described land, situate, lying and being in ~he CotmCy oJ C0LLIEI, State of FLOIIDA
to ritz
The Southwest 1/4 o~ the Northeast 1/4 of the Southwest 1/4
Of SecCion ~0, Township 51, Range 29, Collier County,
Florida.
This property shall be used only for wetland enhancmsent and wildlife management,
shallberets/ned in its natural sendirish and shall never be developed in any m m mast
whatsoever b~sny~e. For the purposes of this deed restriction. mneturmX ccmdLt/anm
shall inol~de such sdnor nature-rallied improvements el nature paths, boardwalls.
outdoor educational learning areas, mad remrrvsl o! exotic vegetation. This deed
rmstrlution shall be binding on all present and subsequent owners, limits, or msmigns
and ms~ not be lme~ded# deleted or otherwise altered,
Said grantor doom hereb7 ~uliy wetrear the title to said land, end *ill defend the
sam against the leetax claims of sXl gets0ns whomsoever.
eOrSntOre arid 'Grantee' are used for singular or plural, ms context roofaires.
Exhibit "C"
May-]7-96 08:44A Slesky P13on & Wood g4] 253 7533 P.O3
lS MTr~iS8 NI~aRZOF, the Orsntor has hereunto set its hand and seal the 6,y e,~ year
Eir~t above written.
Bi~nsd, eemimd and delivered in the p~eeen~
print nan
print
COUlrl"f 01~ COLbXSR
Z HBRBY CERTX~ ~St ~ this ~y ~iOre me, an o~tcer duly authorized in the
s~ate sEerssaid and in the county a~orenaid to take sc~nowledge~n~m, personally
g me ~hat he exerted the sn~.
'
~ ~4e,~ · S ida.
4 (Print C~lssl~ ~ wf ~tary ~lic)
,...~ T~ Of I~tlficstlm Prl '
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. 96-39
Which was adopted by the Board of County Commissioners on the 16th day
of July, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 17th day of July, 1996.
DWIGHT E. BROCK
Clerk of Courts and..~.e~-.~.'~'
Ex-officio to Board.~fT.~..~ .'~,'~.~'
By: Ellie Hoffman
Deputy Clerk