Ordinance 96-74 ORDINANCE 96- 74
AN ORDINANCE AME,DING ORDINANCE NUMBER
91-102, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE OFFICIAL ZONING
ATLAS MAPS NUMBERED 1611, 161314, 1615N,
1615S, 1622 AND 162324 BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "A" RURAL
AGRICULTURAL AND "PUD" TO "PUD" PLANNED
UNIT DEVELOPMENT KNOWN AS MARCO
SHORES/FIDDLER'S CREEK, FOR PROPERTY
LOCATED IN SECTIONS 11, 13, 14, 15, 21,
22, 23 AND 24 TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF ACRES 2886.42; PROVIDING FOR THE
REPEAL OF ORDINANCE NUMBER 96-42, AS
AMENDED, THE FORMER MARCO SHORES/
FIDDLER'S CREEK PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, George L. Varnadoe, Esquire of Young, van Assenderp &
Varnadoe, P.A., representing 951 Land Holdings Joint Venture,
petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA;
SECTION ONE[
The Zoning Classification of the herein described real property
located in Sections 11, 13, 14, 15, 21, 22, 23 and 24, Township 51
South, Range 26 East, Collier County, Florida, is changed from "A"
Rural Agricultural and "PUD" to "PUD" Planned Unit Development in
accordance with the PUD Document, attached hereto as Exhibit "A", which
is incorporated herein and by reference made part hereof. The Official
Zonin~ Atlas Maps Numbered 1611, 161314, 1615N 1615S, 1622 and 162324,
as described in Ordinance Number 91-102, the Collier County Land
Development Code, are hereby amended accordingly.
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SECTION TWO:
Ordinance Number 96-42, known as the Marco Shores/Fiddler's Creek
PUD, adopted on July 23, 1996 by the Board of County Commissioners of
Collier County, Florida, is hereby repealed in its entirety.
SECTION T~REE;
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 ~Jz~.~, 1996.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
|
/ ' ~
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
ASSISTANT COUNTY ATTORNEY
PUD-84-7(5) ORDINANCE/18307
Thi~ ordinnn~e ~'ir,,c1 w~th the
Secretc~ry JJ .~:-.~:..'~ Office the
onc~ ockr~c-w CC!~jr"~c'~t Of that
fihnG rece,~.c~l th,$ ~ ck;y
-2-
AMENDMENT TO
MARCO SHORES
PLANNED UNIT DEVELOPMENT
AS IT RELATES TO=
FIDDLER'S CREEK
PREPARED BY:
GEORGE L. VARNADOE, ESQ.
YOUNG, VAN ASSENDERP & VARNADOE, P. A.
801 LAUREL OAK DRIVE, SUITE 300
NAPLES, FL 34108
(941) 597-2814
DATE FILED:
DATE APPROVED BY CCPC:
ORD~N~CE m~n= Fx,TF'
INDEX
SECTION I PROPERTY OWNERSHIP ~ DESCRIPTION I-1
SECTION I I PROJECT DEVELOPMENT 2 - 1
SECTION III RESIDENTIAL LAND USE DISTRICT
DEVELOPMENT (FIDDLER' S CREEK)
SECTION IV MULTI-FAMILY RESIDENTIAL DEVELOPMENT 4-
SECTION V RESERVE DISTRICT (FIDDLER'S CREEK) 5-1
SECTION VI BUSINESS DEVELOPMENT 6-1
SECTION VIA 'ISLE OF CAPRI COMMERCIAL DEVELOPMENT 6A-1
AREA
SECTION VIE ISLE OF CAPRI COMMERCIAL DEVELOPMENT 6B-1
AREA STIPULATIONS AND COMMITMEN"TS
SECTION VII GOLF COURSE AND CLUB CENTER 7-1
DEVELOPMENT
SECTION VII I PARKS AND RECREATION DEVELOPMENT 8 - 1
SECTION IX UTILITY/ELECTRIC DEVELOPMENT 9 - 1
SECTION X MARINA DEVELOPMENT 10-1
SECTION XI DEVELOPMENT STANDARDS 11 - 1
SECTION XII STIPULATIONS AND COMMITMENTS 12-1
EXHIBIT "A" MASTER PLAN
EXHIBIT "B" LOCATION MAP
EXHIBIT "C" LEGAL DESCRIPTION OF DEVELOPMENT TRACTS
EXHIBIT "D" IMPROVEMENT ESCROW AGREEMENT
EXHIBIT "E" LETTER OF COMMITMENT
EXHIBIT "FC-A" FIDDLER'S CREEK MASTER PLAN
EXHIBIT "FC-C" LEGAL DESCRIPTION OF FIDDLER'S CREEK
EXHIBIT "FC-F" FIDDLER'S CREEK ROADWAYS CROSS-SECTIONS
EXHIBIT "FC-G" AIRPORT OVERLAY ZONE
SECTION 1
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and
ownership of the property, and to describe the existing
condition~ of the property proposed to be developed under the
project name of MARCO SHORES PLANNED UNIT DEVELOPMENT.
1.2 LEGAL DESCRIPTION
The development is comprised of several geographic areas
generally referred to as Unit 30, Unit 24, Isle of Capri,
Barfield Bay Multi-family, John Stevens Creek, Horr's Island
(Key Marco}, and Goodland Marina. The legal description for
these parcels will be found in Exhibit "C" to this document.
1.3 PROPERTY OWNERSHIP
The subject property, with the exception of Unit 30, is
currently under the ownership of The Deltona Corporation, 3250
S. W. 3 Avenue, Miami, Florida 33129. A portion of Unit 30
(243i acres} has been developed as a resort golf course and is
owned by Massachusetts Mutual Life Insurance Company. Another
tract (43.01i acres) is owned by Southern States Utilities and
is utilized as part of their wastewater treatment operations.
The Collier County School Board owns a twelve (12) acre tract
in Unit 30. The remainder of Unit 30 within the Fiddler's
Creek PUD is owned by GB 100, Inc., a Florida corporation and
Parcel Z, Inc., a Florida corporation, jointly doing business
as 951 Land Holdings Joint Venture, a Florida general
partnership, hereinafter referred to as Developer. Unit 30
will be known as and referred to as Fiddler's Creek.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. Marco Shores Planned Unit Development lies in and north
of the present existing community of Marco Island. The
project areas have been defined in a Stipulation for
Dismissal and Settlement Agreement (herein "Settlement
Agreement") between The Deltona Corporation and federal
and state agencies, Collier County, and various
conservation groups. That Settlement Agreement was dated
July 20, 1982, and provides for the development of the
areas defined in this document as well as provision for
a minor amount of development of single-family lots
presently platted on the west shore of Barfield Bay on
Marco Island. The total area of development included in
this planned unit development project is 2133.22 acres.
The Unit 30 and Unit 24 development areas are on the
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mainland north of Marco Island and both front on State
Road 951. The Unit 30 area extends to the east and north
and fronts on U.S. Highway 41. The Isle of Capri
business tract is located on the northwest corner of the
intersection of State Road 951 and 953. The Barfield Bay
Multi-family, John Stevens Creek and Goodland Marina
development areas are located in the eastern section of
Marco Island and occupy areas previously platted into
residential property but not developed due to
environmental constraints.
Horr's Island (Key Marco) is a separate island south of
but immediately adjacent to the Barfield Bay Multi-family
area in the eastern portion of Marco Island.
B. Various current zoning classifications are applicable to
the separate areas of the development. Unit 30, Isle of
Capri, and Horr's Island development areas are currently
zoned Agricultural with some ST overlay classification.
Unit 24, Barfield Bay Multi-family, John Stevens Creek
and Goodland Marina areas are currently platted and zoned
as Residential Property with some ST overlay.
1.5 PHySICAL DESCRIPTION
The Unit 30 development tract is flat pineland gently sloping
to the south. Typical elevation of the property is
approximately 4-1/2 feet above mean sea level. The southern
boundary of the tract has been established by federal and
state agencies as the northern limit of the adjacent impounded
wetlands in the area east of State Road 951.
The Unit 24 development area is comprised of some impounded
wetlands and pine and palmetto vegetation established on land
reaching an elevation in some s~ots to 8 feet above mean sea
level. The boundaries of this development tract have been
established by state and federal agencies as the landward
limits of the valuable mangrove wetlands in the area.
Isle of Capri business tract is comprised of an upland area
that previously has been used as a dump site as well as some
fringing wetlands. The development boundary of this site has
been established by state and federal agencies.
Barfield Bay Multi-family and John Stevens Creek areas are
comprised of large areas of scarified land where the high
ridge fill has been removed in past years. The fringes to
these areas are composed of hammock vegetation.
Goodland Marina site has been a historic dump site in the
Goodland area. Some wetland areas have been approved for
development to allow this water related recreational facility.
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The waterward boundary of this Tract has also been established
by state and federal agencies.
Horr's Island (Key Marco): This island is characterized by a
high ridge reaching to 38 feet above sea level. Historic
occupation of this island has variously used it for pineapple
plantations and other farming. The natural hammock vegetation
however has been reestablished on these farmed areas. The
island is~characterized by steep side slopes and high central
spine elevations.
Water Management for the proposed project will be as
conceptually described in the state-federal agreement as
modified by stipulations included in this document as a result
of a detailed review by the Water Management and Environmental
Review Committees.
1.6 PROPER NAMB
The Unit 30 portion of the Marco Shores PUD is now known as
and shall be referred to hereinafter as Fiddler's Creek.
1.7 COMMUNITY DEVELOPMENT DISTRICT
The developer of Fiddler's Creek has established a Community
Development District ("CDD") for the property owned by
developer within the Unit 30 portion of the Marco Shores PUD,
together with the adjacent 22.9 acre parcel which was
previously incorporated into Fiddler's Creek. The Developer
of Fiddler's Creek may establish a Community Development
District for the 690 acres being added to Fiddler's Creek. As
recognized by Development Order 84-3, as amended, a CDD
constitutes a timely, efficient, effective, responsive and
economical way to ensure the provision of facilities and
infrastructure to Fiddler's Creek, including the additions
thereto.
The 690 acre addition is amenable to infrastructure provision
by a district that has the powers set forth in Chapter 190,
F.S. (1995).
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SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to delineate and generally
describe the project plan of development, the respective land
uses of t~e tracts included in the project, as well as the
project criteria for MARCO SHORES PLANNED UNIT DEVELOPMENT.
2.2 GENERAL
A. Regulations for development of MARCO SHORES PLANNED UNIT
DEVELOPMENT shall be in accordance with the contents of
this,document, PUD-Planned Unit Development District and
other applicable section and parts of the "Collier County
Land Development Code"
B. Unless otherwise noted, the definitions of all terms
shall be the same as the definitions set forth in
"Collier County Land Development Code".
2.3 PROJECT PLAN AND LAND USE.TRACTS
A. The project site plan, including layout of streets and
land use of the various tracts, is iljustrated
graphically by Exhibit "A", Master Plan, for all areas
other than Unit 30, Fiddler's Creek. The development
tracts are iljustrated individually and each development
tract includes various land uses. A summary of the land
uses in each development area is summarized on the table
below.
B. Areas iljustrated as lakes on the site development plan
shall be constructed as lakes and the interconnecting
waterway systems. In Unit 24, these lakes provide the
necessary fill to elevate the development tracts for
their assigned uses. The detailed lake system
construction plan shall be approved by the appropriate
'county and regional agencies prior to commencement of
construction. The remaining development tracts will be
filled to design elevation by the importation of off-site
fill.
C. In addition to the various areas and specific items shown
in the development site plans, such easements (utility,
private, semi-public, etc.) shall be established within
or along the various tracts as may be necessary or deemed
desirable for the service, function or convenience of the
project's inhabitants.
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D. The PUD Master Plan for Fiddler's Creek Exhibit "FCoA"
(this Exhibit supersedes the Marco shores Master Plan
Exhibit "A"), is attached hereto and made a part hereof
by reference. The land uses in Fiddler's Creek (Unit 30)
are included in the Land Use Summary below.
LAND USE SUMMARY
MARCO SHORES PLANNED UNIT DEVELOPMENT
LAND USE UNIT 38 UNIT 24 ISLES OF MORR'S BARFIELD J S GOODLAND TOTAL
CAPRI ISLAND BAY MF CREEK MF MARINA
Residential 142.30 105.89 28.80 12.10 289.09
Multi-Fami. ly.. ,
Single- 0.00
Family
Residential 881.96 142.30 105.89 28.80 12.10 1171.05
Busi~..,ess 33.62. .12.60 7,44 1,70 55.36
Parks 23.89 13,20 32.30 4.10 73.49
Recreation 790.03 10.00 4.70 15.02 819.75
and open
space**
Schools 12 12.00 24,00
utility 43.41 10.00 53.41
cornre. 6.03 2.00 8.03
Facilities ,
Churches 5.00 5.00
Lakes 430.02 30.80 460.82
Roads 117.11 23.60 10.60 0.30 0.81 152.42
Other 41.01 16.07 5.54 0.44 63.06
~)TAX, PUD 2379.11 277.57 7.44 142.89 49.04 14.54 15.83 2886.42
Residential 6000 2544 300 314 72 9230
*Not differentiated
**Includes 243.37 acres of preserve
****Original PUD did not include 42~ acres of preserve in acreage
2.4. M~XI. MUM PROJECT DENSITy
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NO more than a maximum of 9,230 residential dwelling units,
single and multi-family, shall be constructed in the total
project area. The gross project is 2886.42 acres. The gross
project density, therefore, is 3.20 units per acre. The
following is a summary of acreage, dwelling units and density
of each of the development areas shown on the site development
plans.
Development A~ea ~ Acres t Dwelling ~ Gross
Unit Density
Unit 30* 2,379.11 6,000 2.55
Unit 24 277.57 2,544 9.17
Isle of Capri 7.44 0 N/A
Horr's Island 142.89 300 2.10
Barfield Bay MF 49.04 314 6.40
John Stevens Creek 14.54 72 4.95
Goodland Marina 15.83 0 N/A
2,886.42 9230 3.20
*Corrects orl~'i~i 'PUD ~hich did not reflect 42 acres of preserve.
2.5 PROJ~CT PLAN AppROVAL REQUIREMENTS
A. Prior to the recording of the Record Plat, final plans of
the required improvements shall receive the approval of
all appropriate Collier County governmental agencies to
insure compliance with the Plan of Development, the
County Subdivision Regulations and the platting laws of
the State of Florida. If exceptions to the Subdivision
Regulations are requested for any plat, those exceptions
shall be reviewed and approved by the Subdivision Review
Committee.
B. Exhibit "A" - Master Plan, constitutes the required PUD
Development Plan and the Subdivision Master Plan.
Subsequent to its approval, the Final Site Plans and
Final Subdivision Plat shall be submitted for approval.
Exhibit "FC-A" - Fiddler's Creek Master Plan constitutes
the PUD Development Plan for the property described in
Exhibit "FC-C" hereof.
2.6 SITE pLAN APPROVA~
When site plan approval is required by this document, the
following procedure shall be followed:
2 - 3
A. A written request for site plan approval shall be
submitted to the Development Services Director for
approval. The request shall include materials necessary
to demonstrate that the approval of the site plan will be
in harmony with the general intent and purpose of this
document, will not be injurious to the neighborhood or to
adjoining properties, or otherwise detrimental to the
public welfare.
2.7 FF~AQ'TIONALIZATION OF TRACTS
A. When the developer-sells an entire Tract or a building
parcel (Fraction of Tract) to a subsequent owner, or
proposes development of such property himself, the
developer shall provide to the Development Services
Director for approval, prior to the development of the
tract by the developer or prior to the sale to a
subsequent owner of such property, a boundary drawing
showing the tract and the building parcel therein (when
applicable) and the square footage assigned to the
property. The drawing shall also show the location and
size of access to those fractional parts that do not abut
a public street. An updated Master Plan showing the
fractional parcel also shall be submitted.
B. In the event any tract or building parcel is sold by any
subsequent owner, as identified in Section 2.7A in
fractional parts to other parties for development, the
subsequent owner shall provide to the Development
Services Director for approval, prior to development of
the tract by the developer or prior to the sale to a
subsequent owner of a fractional part, a boundarydrawing
showing his originally purchased tract or building parcel
and the fractional parts therein and the square footage
assigned to each of the fractional parts. The drawing
shall also show the location and size of access to those
fractional parts that do not abut a public street. An
updated Master Plan showing the fractional parcel also
shall be submitted.
C. The developer of any tract must submit a Conceptual Site
Plan for the entire tract in accordance with Section 2.6
of thi~ document prior to Final Site Development Plan
submittal for any portion of that tract. The developer
may choose not to submit a Conceptual Site Plan for the
entire tract if a Final Site Plan is submitted and
approved for the entire tract.
D. The developer of any tract or building parcel must
submit, prior to or at the same time of application for
a building permit, a detailed site development plan for
his tract or parcel in conformance with the Land
2 - 4
Development Code requirements for site development plan
approval. This plan shall be in compliance with any
approved Conceptual Site Plan as well as all criteria
within this document.
E. In evaluating the fractionalization plans, the
Development Services Director's decision for approval or
denial shall be based on compliance with the criteria and
the 4evelopment intent as set forth in this document,
conformance with allowable amount of building square
footage and the reasonable accessibility of the
fractional parts to public or private roadways, common
areas, or other means of ingress and egress.
F. If approval or denial is not issued within twenty (20)
working days, the submission shall be considered
automatically approved.
G. In the event the Developer violates any of the conditions
of this PUD Ordinance, or otherwise fails to act in full
compliance with this PUD Ordinance, the County shall,
pursuant to the notice and hearing requirements of this
Section:
1. Stay the effectiveness of this PUD Ordinance; and
2. Withhold further permits, approvals and services
for development.
The above County actions shall apply to the tract or
parcel, or portion of the tract or parcel, upon which the
violative activity or conduct has occurred. As a
prerequisite to such action, the Board of County
Commissioners shall conduct a public hearing, following
notice as provided below, co consider the matter and
adopt a resolution finding that such a violation has
occurred.
If a violation takes place, the County shall give the
violator written notice by certified mail, return receipt
requested. Said notice shall state the following:
1. The nature of the alleged violation; and
2. The tract or parcel, or portion of the tract or
parcel, upon which the violatire activity or
conduct has occurred; and
3. That the violation must be cured within fifteen
(15) days of the date of the notice, unless it is
not curable within fifteen (15) days in which event
the violator will so advise the County in writing
2 - 5
within seven (7) days of receipt of this notice;
and
4. That if the violation is not cured within such time
period, the Board of County Commissioners shall
hold a public hearing to consider the matter; and
5. That the hearing must be held no less than fifteen
1(15) days nor more than thirty (30) days from the
date of the notice.
In the event that the violator advises the County that
the violation is not curable within the fifteen (15) day
period, the violator's commencement of diligent, good
faith efforts to cure said violation within this period
shal~ obviate the need to hold the public hearing. The
PUD Ordinance shall remain in full force and effect
during the pendency of the cure period.
In the event the violator fails to commence diligent good
faith efforts to cure or to pursue the curative action to
completion within a reasonable time as determined by the
County, the County shall give written notice as set forth
herein.
The provisions of this Section shall apply to violation
by the Developer, its agents, grantees, successors or
assigns.
For purposes of this Section, the word "tract" or
"parcel" shall be defined to mean any area of development
created by plat or otherwise delineated as a separate
development area.
2.8 LAKE SETbaCK AND EXCAVATION
Within Fiddler's Creek, the lake setback requirements
specified in the Land Development Code may be reduced with the
administrative approval of the Collier County Development
Services Director. All lakes m~y be excavated in accordance
with the cross-sections set forth in the Settlement Agreement,
as those cross-sections may be amended as provided in the
Settlement Agreement, except for Section 13 which shall be
pursuant to the Land Development Code requirements.
2.9 USE OF RIGHTS-OF°WAY
Within Fiddler's Creek, lands within project rights-of-way may
be utilized for landscaping, decorative entranceways, gates,
gatehouses, and signage subject to review and administrative
approval of the Collier County Development Services Director
for engineering and safety considerations during the
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development review process and prior to any such
installations.
2.10 ~OADWAy$
Standards for roads within Fiddler's Creek shall be in
compliance with the applicable provisions of the Collier
County Land Development Code regulating subdivisions, unless
otherwise imodified, waived, or excepted by this PUD or as
approved during the platting process. The Developer reserves
the right to request substitutions to Code design standards in
accordance with Article 3, Division 3.2, Section 3.2.7.2 of
the Land Development Code. The Developer also reserves the
right to install gates, gatehouses, and other access controls
on all project roadways.
2.11 LANDSCAPE BUFFERS. BEAMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally
permitted as a principal use throughout Fiddler's Creek. The
following standards shall apply:
A. Landscape berms over two feet (2') in height shall have
the following maximum side slopes:
(1) Grassed berms 3:1
(2) Ground covered berms 2:1
(3) Rip-Rap berms 1:1
(4) Structural walled berms - vertical
When the provisions of 2.11A are utilized, native shade
trees shall be planted twenty-five feet (25') on center,
along the exterior side of the berm, equal in height or
gre~ter than the completed height of the berm.
B. Fence or wall maximum height: six feet (6'), as measured
from the finished grade of the ground at the base of the
fence or wall, except that an eight foot (8') fence or
wall may be permitted, with the approval of the
Development Services Director, at the perimeter of the
project, where the project uses would be proximate to
dissimilar uses. For the purpose of this provision,
finished grade shall be considered to be no greater than
eighteen inches (18") above the highest crown elevation
of the nearest existing road unless the fence or wall is
constructed on a perimeter landscape berm. In these
cases, the wall or fence shall not exceed six feet (6')
in height from the top of berm elevation for berm
elevation with an average side slope of 4:1 or less, and
shall not exceed four feet (4') in height from the top of
berm elevation for berms with an average side slope of
greater than 4:1 (i.e. 3:1).
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C. Landscape buffers, berms, fences and walls may be
constructed along the perimeter of the Fiddler's Creek
portion of the PUD boundary prior to preliminary
subdivision plat and site development plan submittal.
All such areas must be included in a landscape easement
on final plats, or in a separate recorded instrument.
D. Fences and walls which are an integral part of security
and ~ccess control structures such as gatehouses and
control gates shall not be subject to the height
limitations set forth under 2.11 B, and shall be governed
by the height limitations for principal structures of the
district in which they are located. In the case of
access control structures within right-of-ways adjoining
two or more different districts, the more restrictive
height standard shall apply.
E. Pedestrian sidewalks and/or bike paths, water management
systems and drainage may be allowed in landscape buffers
in accordance with Collier County Land Development Code
Division 2.4 Landscaping and Buffering.
2.12 MARCO ISLAND EXECUTIVE AIRPORT
The following provisions are applicable to the Fiddler's Creek
portion of the PUD only.
A. Collier County has adopted special regulations for
specified areas in and around the airports in Collier
Coanty in the form of Airport Overlay Zoning Districts.
Some of the property within Fiddler's Creek is within the
Airport Overlay District adopted for Marco Island
Executive Airport ("APO"). This Airport Overlay Zoning
District concept is codified as Section 2.2.23., Land
Development Code.
B. Notwithstanding any other provision of this Ordinance,
there shall' be no uses or structures within that part of
Fiddler's Creek owned by developer that conflict with the
height restrictions depicted on Exhibit "FC-G", which
portray the applicable provisicns of Part 77, Federal
Aviation Regulations, applicable to this other than
utility non-precision instrument approach airport having
visibility minimums greater than 3/4 of a statute mile,
or provisions of Section 2.2.23., Land Development Code,
relating to land uses, as it exists on the day of
approval of this Ordinance.
C. Developer shall give notice of the existence and
restrictions of Section 2.12B by noticing the same, along
with Exhibit "FC-G", in the restrictive covenants for
Fiddler's Creek and by providing notice thereof in its
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contracts for the sale of property and residential units
within Fiddler's Creek.
2.13 DEED RESTRICTIONS
Some properties within the Fiddler's Creek portion of Unit 30
may be governed by recorded covenants, conditions or
restrictions which will limit types of structures and specify
development standards that are more stringent than those
specified in this PUD document.
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SECTION III
RESIDENTIAL LAND USE DISTRICT
FIDDLER'S CREEK
3.1 PURPOSE
The purpoge of this Section is to identify permitted uses and
development standards for areas within Fiddler's Creek
designated on Exhibit "FC-A" as Residential - "R".
Each residentially designated tract or parcel shall be
developed with similar or compatible structures within that
tract or parcel.
3.2 MAXIMUM DWELLING UNITS
A maximum number of 6000 residential dwelling units may be
constructed on lands designated "R"
3.3 GENERAL DESCRIPTION
Areas designated as "R" on the Fiddler's Creek Master Plan are
designed to accommodate a full range of residential dwelling
types, compatible non-residential uses, a full range of
recreational facilities, essential services, and customary
accessory uses.
The approximate acreage of the "R" district is indicated on
the Master Plan. This acreage is based on conceptual designs
and is approximate. Actual acreage of all development tracts
will be provided at the time of Conceptual Site Plan approval
or Preliminary Subdivision Plat approvals. Residential tracts
are designed to accommodate internal roadways, open spaces,
parks and amenity areas, lakes and water management
facilities, and other similar uses found in residential areas.
Each residentially designated tract or parcel shall be
developed with similar or compatible structures within that
tract or parcel.
3.4 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected,
altered or used, or land used, in whole or part, for other
than the following:
A. Principal Uses:
(1) Single Family Detached Dwellings.
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(2) Single Family Patio and Zero Lot Line Dwellings.
(3) Two-family and Duplex Dwellings.
(4) Single Family Attached and Townhouse Dwellings.
(5) Cjuster Housing
(6) |Multi-Family Dwellings including Garden Apartments.
(7) ~Churches and other places of worship, subject to
Collier County staff administrative approval during
Site Development Plan review to address site
location, size, ingress and egress, and buffering
requirements, and subject to the Multi-family
,Development Standards set forth in Table I.
(8) Model Homes and Sales Centers, as provided in
Section 3.6.
(9) Group Care Facilities (Categories I and II), and
Family Care Facilities only on Parcels 12, 21, 22
and 23, Exhibit "A".
(10) Any other principal use which is comparable in
nature with the foregoing uses and which the
Development Services Director determines to be
compatible in the "R" District.
B. Accessory Uses and Structures:
(1) Accessory uses and structures customarily
associated with principal uses permitted in this
district.
(2) Any other accessory use which is comparable in
nature with the foregoing uses and which the
Development Services Director determines to be
compatible in the "R" District.
3.5 DEVELQpMENT STANDARDS
A. Table I sets forth the development standards for land
uses within the "R" Residential District.
B. Site development standards for categories 1 4 uses
apply to individual residential lot boundaries. Category
5 standards apply to platted parcel boundaries.
C. Standards for parking, landscaping, signs and other land
uses where such standards are not specified herein or
within adopted Fiddler's Creek design guidelines and
3 - 2
standards, are to be in accordance with Collier County
Land Development Code in effect at the time of Site Plan
Approval. Unless otherwise indicated, required yards,
heights, and floor area standards apply to principal
structures.
D. Development standards for uses not specifically set forth
in Table I shall be established during Site Plan approval
as s~t forth in Article 3, Division 3.3. of the Land
Development Code in accordance with those standards of
the zoning district which is most similar to the proposed
use.
E. In the case of residential structures with a common
architectural theme, required property development
regulations may be reduced provided a site plan is
approved by the Collier County Planning Commission in
accordance with Article 2, Division 2.6, Section
2.6.27.4.6 of the Collier County Land Development Code.
Common open space requirements are deemed satisfied
pursuant to the Settlement Agreement and the overall
Master Plan.
F. Off-street parking required for multi-family uses shall
be accessed by parking aisles or driveways which are
separate from any roads which serve more than one
development. A green space area of not less than ten
feet (10') in width as measured from pavement edge to
pavement edge shall separate any parking aisle or
driveway from any abutting road.
G. Single family patio and zero lot line dwellings are
identified separately from single family detached
dwellings with conventional eide yard requirements to
distinguish these types for the purpose of applying
development standards under Table 1. Patio and zero lot
line dwellings shall be defined as any type of detached
single family structure employing a zero or reduced side
yard as set forth herein, and which conform to the
requirements of Collier County Land Development Code
Article 2, Division 2.6, Subsection 2.6.27.
H. Property abutting RSF-3 zoned land shall have a fifty
foot (50') minimum setback from the PUD boundary and a
Type "B" buffer as specified in LDC Subsection 2.4.7.4.
I. Parking for pool and recreational areas within
residential development tracts shall be at a minimum of
two (2) spaces for each fifty (50) dwelling units.
3.6 MODEL HOMES/SALES CENTERS
3 - 3
Model homes, sales centers and other uses and structures
related to the promotion and sale of real estate such as, but
not limited to pavilions, gazebos, parking areas, tents, and
signs shall be permitted principal uses in this and Sections
VI and VII, as those sections relate to Fiddler's Creek,
subject to the requirements of Article 2, Division 2.6,
Section 2.6.33.4 and Article 3, Division 3.2, Section
3.2.6.3.6 of the Collier County Land Development Code.
3.7 ADULT CONGREGATE LIVING FACILITIES (ACLF)
The development standards for ACLF units and other permitted
Group Care units shall be as set forth for multi-family
dwellings. The maximum density for ACLF and other types of
elderly care/group care housing shall be 26 units per gross
acre. ,
3 - 4
TABLE I
FIDDLER'S CREEK
DEVELOPMENT STANDARDS FOR
"R" RESIDENTIAL AREAS
PERMITTED USES AND SINGLE PATIO & TWO SINGLE MULTI-
STANDARDS FAMILY ZERO LOT FAMILY & FAMILY FAMILY
DETACHED LINE DUPLEX ATTACHED & DWELL-
. TOWNHOUSE INGS
Categor.._._____Ly____ i 2 3 4 5
Minimum Lot Area 6500 SF 5000 SF 3500 SF 3000 SF 1 AC
Minimum Lot Width , 50 40 35 30 150
'5
Front Yard 25 20 '3 20 '3 20 '3 25
Front Yard for Side 15 10 10 10 15
Entry Garage .
Side Yard 7.5 '6 0 or 7.5 0 or .5 BH .5
Rear Yard Principal 20 10 20 20 BH
Rear Yard Accessory 10 5 10 10 15
Rear Yard Special 10 5 10 10 .5 BH
*1
Maximum Bldg. 35 35 35 35 100'7
Height '2 '8
Distance Between 15 10 0 or 15 .5 SBH .5 SBH
Principal
Structures ..
Floor Area Min. 1500 SF 1250 SF 1400 SF 1200 SF 1000 SF
(SF)
BH: Building Height
SBH: (Sum of Building Heights): Combined height of two adjacent buildings for
the purpose of determining setback requirements.
All distances are in feet unless otherwise noted.
With approval from Fiddler's Creek Design Review Committee, rear yards for
principal structures on lots which abut golf course, lake, open space, or
reserve areas. Setback from lake for all principal and accessory uses may
be 0' providing architectural bank treatment is incorporated into design and
subject to written approval from Project Plan Review.
With approval from Fiddler's Creek Design Review Committee, front yards shall be
measured as follows:
~If the parcel is served by a private road, setback is measured from the
back of curb (if curbed) or edge of pavement (if not curbed).
*2: Building height shall be the vertical distance measured from the first
habitable finished floor elevation to the uppermost finished ceiling
elevation of the structure.
3 - 5
*3: Single family dwellings which provide for two (2) parking spaces within an
enclosed garage and provide for guest parking other than in private
driveways may reduce the front yard requirement to five feet (5') for the
garage and fifteen feet (15') for the remaining structures.
*4: Each half of a duplex unit requires a lot area allocation of 3,500 S.F. for
a total minimum lot area of 7,000 S.F.
*5: Minimum lot width may be reduced by fifty percent (50%) for cul-de-sac or
curved frontage lots provided minimum lot area requirement is still
maintained, and minimum lot widths are obtained at front of the buildable
area when setbacks are applied.
Zero feet (0'} o~ a minimum of five feet (5') on either side except that
where the zero foot (0') yard option is utilized, the opposite side of the
structure shall have a ten foot (10') yard, or a minimum of ten feet (10')
of separation between structures shall be maintained at all points,
*7: Maximum height of structures shall be ten (10) stories or one-hundred feet
(100'), whichever is greater.
*8: Structures over four (4) stories and fifty feet (50') in height shall be set
back a minimum of the building height from (a) PUD boundaries, except where
the boundary is abutting state owned conservation land, or where the PUD
abuts rural designated land; and (b) where the abutting land use (on a
separate tract) is a single family, attached or detached, dwelling unit.
3 6
SECTION IV
MULTI-FAMILY RESIDENTIAL DEVELOPMENT
MAP DESIGNATION "MF"
UNIT 24, BARFIELD BAY MF, JOHN STEVENS CREEK
|AND HORR'S ISLAND DEVELOPMENT AREAS
4.1 PURPOSE ~
The purpose of this Section is to indicate the development
plan land regulations for the areas designated on Exhibit "A"
as Low Density Multi-Family Residential Map Designation
"MF". Detailed architectural site plans will be developed
when appropriate and must be approved by the proper County
agencies as in conformance with the Final Development Plan and
the PUD document prior to the issuance of any construction
permit.
4.2 MAXIMUM DWEDLING UNITS
A maximum number of multi-family dwelling units may be
constructed.
DEVELOPMENT AREA TOTAL MF DWELLING UNITS
Unit 24 2,544
Barfield Bay MF 314
John Stevens Creek 72
Horr's Island 300
Isle of Capri 0
Goodland Marina 0
Total Multi-Family Units 3,230
4.3USES AND STRUCTURES
No building or structure, or part thereof, shall be erected,
or altered, or used, or land or water used, in whole or in
part, for other than the following:
A.Permitted Principal Uses and Structures:
(1) Multi-family dwellings.
{2) Group housing, patio housing and cjuster housing.
(3) Townhouses.
B. Permitted Accessory Uses and Structures:
4 - 1
(1) Customary accessory uses and structures.
(2) Model homes as permitted by the Land Development
Code in effect at the time a permit is requested.
C. Prohibited Uses and Structures: Any use or structure
specifically permitted herein is prohibited.
4.4 DEVELOPMENT STANDARDS
t
A. Minimum Lot Area: one (1) acre.
B. Minimum Lot Width: 150 feet.
C. Minimum Yard Requirements:
(1) 'Buildings up to and including forty (40) feet in
'height:
(a) Front - Thirty-Five (35) feet.
(b) Side - Twenty-Five (25) feet.
(c) Rear - Thirty-Five (35) feet.
(2) Buildings over forty (40) feet in height:
(a) Fifty-five (55) percent of the building
height.
(3) Lots abutting SettleT~ent Agreement Development Line
- Thirty-five (35) feet. However in John Stevens
Creek, Horr's Island and Barfield Bay Multi-family
Areas the setback may be altered as determined by
EAB or the County Environmentalist to protect or
enhance rare, unique or endangered vegetation.
D. Maximum Height of Structures: Ten (10) stories or one-
hundred (100) feet whichever is greater.
E. Maximum Density: Net site densities for each development
area as follows:
Unit 24 - 19 DU/AC
Key Marco - 10 DU/AC
Barfield Bay - 16 DU/AC
John Stevens Creek - 10 DU/AC
F. Distance Between Structures: Between any two (2)
principal structures on the same parcel there shall be
provided a distance equal to one-half (~) the sum of
their heights.
4 2
.e
G. Minimum Floor Area: 750 square feet.
In the case of group housing, patio housing or cjustered
housing with a common architectural theme the minimum lot
area, lot width and/or yard requirements may be less
provided that a site plan is approved in accordance with
Section 2.6.
4.5 SIGNS |
As permitted or required by the Land Development Code in
effect at the time a permit is requested.
4.6 MINIMUM OFF-STREET PARKING
As required by the Land Development Code in effect at the time
a permit is requested except that the Development Services
Director may permit a lesser number of parking spaces to be
paved when circumstances indicate infrequent use and the need
to preserve rare, unique or endangered vegetation as
determined by the County Environmentalist.
4.7 MINIMUM LANDSCAPE REOUIREMENTS
As required by the Land Development Code in effect at the time
a permit is requested.
4 - 3
SECTION V
RESERVE DISTRICT
FIDDLER'S CREEK
5.1 PURPOSE
The purpose of this Section is to identify permitted uses and
development standards for areas within Fiddler's Creek
designated on the Master Plan, as Reserve.
5.2 ~NERAL DESCRIPTION
Areas designated as Reserve on the Master Plan are designed to
accommodate a full range of conservation and limited water
management uses and functions. The primary purpose of the
Reserve district is to retain viable naturally functioning
systems, to allow for restoration and enhancement of impacted
or degraded systems, to provide a buffer between the Fiddler's
Creek development and the adjoining state owned lands, and to
provide an open space amenity for the enjoyment of Fiddler's
Creek residents.
5.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected,
altered, or used, or land or water used, in whole or in part,
for other than the following:
A. Permitted Principal Uses and Structures:
(1) Passive recreational areas, boardwalks, including
recreational shelters and restrooms.
(2) Biking, hiking, and nature trails (excluding
asphalt paved trails in wetlands).
(3) Non-gasoline powered boating trails.
(4) Water management facilities, structures and lakes,
including lakes with bulkheads or other
architectural treatments.
(5) Roadway crossings and utility crossings as
designated on the Master Plan.
(6) Those activities reasonably necessary to effectuate
the Fiddler's Creek Wildlife Habitat Enhancement
and Management Plan adopted as mitigation for the
United States Corps of Engineers Dredge and Fill
Permit No. 78B-C683, as amended.
5 - i
(7) Any other conservation and related open space
activity or use which is comparable in nature with
the foregoing uses and which the Development
Services Director determines to be compatible in
the Reserve District.
5.4 DEVELOPMENT STANDARDS
A. Withi~nFiddler's Creek, with the exception of Section 13,
all structures shall setback a minimum of five feet (5')
from iReserve district boundaries and roads, except for
pathways, boardwalks and water management structures,
which shall have no required setback. Buffers shall be
provided around wetlands in Section 13, extending at
least fifteen feet (15') landward from the edge of
wetlalld preserves in all places and averaging twenty-five
feet (25') from the landward edge of wetlands.
B. Lighting facilities shall be arranged in a manner which
will protect roadways and residential properties from
direct glare or unreasonable interference.
C. Maximum height of structures Twenty-five feet (25').
D. Minimum distance between principal structures - Ten feet
(10').
E. Minimum distance between accessorystructures - Five feet
(5').
F. Minimum floor area - None required.
G. Minimum lot or parcel area - None required.
H. Standards for parking, landscaping, signs and other land
uses where such standards are not specified herein or
within adopted Fiddler's Creek Design Guidelines and
Standards, are to be in accordance with the Collier
County Land Development Code in effect at the time of
Site Plan approval. Unless otherwise indicated, required
yards, heights, and floor area standards apply to
principal structures.
5.5 RESERVE DISTRICT CONSERVATION EASEMENT
A non-exclusive conservation easement will be established
pursuant to the Fiddler's Creek Wildlife Habitat Enhancement
and Management Plan and Collier County Land Development Code
Section 3.2.8.4.7.3, to the extent such section does not
conflict with said Management Plan requirements.
5 · 2
SECTION VI
BUSINESS (MAP DESIGNATION "BUSINESS}
UNIT 30, UNIT 24. AND JOHNS STEVENS CREEK
DEVELOPMENT AREAS
6.1 PURPOSE !
The purpose of this Section is to indicate the development
plan land regulations for the areas designated on Exhibit
as Business.
6.2 USES..AND STRUCTURES
No building or structure, or part thereof, shall be erected,
altered or used, or land or water used, in whole or in part.
for other than the following:
A. Permitted Principal Uses and Structures:
[1) Antique shops; appliance stores; art studios; art
supply shops; automobile parts stores; automobile
service stations without repairs; and awning shops.
(2) BakerV shops; bait and tackle shops; banks and
financial institutions; barber and beauty shops;
bath supply stores; bicycle sales and services;
blueprint shops; bookbinders; book stores; and
business machine services.
(3) Carpet and floor covering sales - which may include
storage and installation; churches and other places
of worship; clothing stores; cocktail lounges;
commercial recreation uses indoor; commercial
schools; confectionery and candy stores.
(4) Delicatessens; department stores; drug stores; dry
cleaning shops; dry goods stores; and drapery
shops.
(5) Electrical supply stores; equipment rentals
including lawn mowers and power saws.
(6) Fish market - retail only; florist shops; fraternal
and social clubs; funeral homes; furniture stores;
and furrier shops.
(7) Garden supply stores - outside display in side and
rear yards; gift shops; glass and mirror sales
including storage and installation; and gourmet shops.
6 - i
(8) Hardware stores; hat cleaning and blocking; health
food stores; homes for the aged; hospitals and
hospices.
(9) Ice cream stores.
(10) Jewelry stores.
(11)|Laundries - self service only; leather goods;
legitimate theaters; liquor stores; and locksmiths.
(12) Markets - food; markets - meat, medical offices and
clinics; millinery shops; motion picture theaters;
museums; and music stores.
(13),Office general; and office supply stores.
(14) Paint and wallpaper stores; pet shops; pet supply
shops; photographic equipment stores; pottery
stores; printing; publishing and mimeograph service
shops; private clubs; and professional offices.
(15) Radio and television sales and services; research
and design labs; rest homes; restaurants
including drive-in or fast food restaurants.
(16) Shoe repair; shoe stores; shopping centers;
souvenir stores; stationery stores; supermarkets
and sanitoriums.
(17) Tailor shops; tile sales - ceramic tiles; tobacco
shops; toy shops; and tropical fish stores.
(18) Upholstery shops.
(19) Variety stores; veterinarian offices and clinics
no outside kennels.
(20) Watch and precision instrument repair shops.
(21) Car wash.
(22) Any other commercial use or professional service
which is comparable in nature with the foregoing
uses and which the Development Services Director
determines to be compatible in the district.
(23) Group Care Facilities (Category I and II); Care
Units; Family Care Units; Adult Congregate Living
Facilities in Fiddler's Creek only, subject to
Section 6.9 hereof.
6 - 2
B. Permitted Accessory Uses and Structures: Accessory uses
and structures customarily associated with the uses
permitted in this district.
C. Prohibited Uses and Structures: Any use or structure not
specifically allowed by reasonable implication permitted
herein is prohibited.
6.3 DEVELOPME.NT STANDARDS
A. Minimum Lot Area: Ten thousand (10,000) square feet.
B. Minimum Lot Width: One hundred (100) feet.
C. Minimum Yard Requirements:
(1) Front yard - Twenty-five (25) feet.
(2) Side yard - None, or a minimum of five (5) feet
unobstructed passage from front to rear yard.
(3) Rear yard - Twenty-five (25) feet.
D. Maximum Height: Forty (40) feet.
E. Minimum Floor Area of Structures: One thousand (1,000)
square feet per building on the ground floor.
F. Distance Between Structures: Same as for side yard
setback.
6.4 SIGNS
As permitted or required by the Land Development Code in
effect at the time the permit is required.
6.5 MINIMUMOFF-STREET PARKING ANDOFF-STREETLOADING REOUIREMENTS
As requiredby the Land Development Code in effect at the time
a permit is requested.
6.6 MERCHANDISE STORAGE AND DISPLAY
Unless specifically permitted for a given use, outside storage
or display of merchandise is prohibited.
6.7 MINIMUM LANDSCAPE REOUIREMENTS
As required by the Land Development Code in effect at the time
a permit is requested.
6.8 FIDDLER'S CREEK BUSINESS INTENSITY
6 - 3
A maximum of 33.6 acres and a maximum of 325,000 square feet
of gross floor area shall be used for the purposes set forth
in Section VI in the Fiddler's Creek development.
6.9 FIDDLER'S CREEK DEVELOPMENT STANDARDS FOR ACLF
Fiddler's Creek Development Standards for Adult Congregate
Living Facilities (ACLF) Development Standards for use 23 as
set forth%in Section 6.2A hereof shall be as set forth in
Section 3 with regard to multi-family dwelling development and
not as se~ forth in Section 6.3 hereof. The limitations of
Section 3.7 shall also apply. For every acre of Business
designated property dedicated to ACLF or other group care use;
the allowed square footage will be reduced by 10.000 square
feet.
f
6 - 4
SECTION VIA
ISLE OF CAPRI COM)TERCIAL DE%'ELOPM~NT AREA
6A.1 PURPOSE
The purpose of this Section is to indicate the development
plan and regulations for the Isle of Capri business area in
relation to th uses and structures. No building or structure or
part thereof ~%all be erected, altered or used or land or water
used in whole or in part for other than the following:
A. Permitted Principal Uses and Structures:
(1) One 150 room hotel/motel. Maximum four stories in
,height.
(2) Restaurants not including fast food or drive-in
restaurants provided however, there shall be no
prohibition of a drive-in as an accessorV to a full
service restaurant (see Section 8.11 of the Zoning
Ordinance 82°2).
B. Permitted Accessory Uses and Structures: Accessory uses
and structures customarilV associated with the uses
permitted in this district.
C. Prohibited Uses and Structures: Any use or structure not
specifically allowed by reasonable implication permitted
herein is prohibited.
6A.2 DEVELOPMENT STANDARDS
A. Minimum Lot Area: Ten thousand (10,000) square feet.
B. Minimum Lot Width: One hundred (100) feet.
C. Minimum Yard Requirements:
(1) Setback from S.R. 951 and the Isle of Capri Road -
Fifty (50) feet.
(2) Setback from perimeter development line - Ten (10)
feet.
(3) Setbacks from fractionalized tracts, if any -
Twenty-five (25) feet.
D. Maximum Height - Four (4) stories.
E. Minimum floor area of structures One thousand (1,000)
square feet per building on the ground floor.
6A-I
F. Distance between structures on the same development tract
o Twenty (20) feet.
6A.3 SIGNS
As permitted or required by the Land Development Code in
effect at the time a permit is required.
6A.4 MINIMUM O~F~STREET pARKINGAND OFF-STREETLOADING REQUIREMENTS
As required by the Land Development Code in effect at the time
a permit is requested.
6A.5 MERCHANDISE STOH~E
Unless specifically permitted for a given use, outside storage
or display of merchandise is prohibited.
6A.6 MINIMUM LANDSCAPE REOUIREMENTS
As required by the Land Development Code in effect at the time
a permit is requested.
6A.7 UTILITY SITE BUFFERING
The utility site in the northwest corner of this tract shall
be buffered in accordance with Section 8.37 of the Zoning
Ordinance 82-2. This buffering shall be placed on all sides
of the utility site, with the exception of the northern edge,
where the preserve area will act as a buffer.
6A-2
SECTION VIB
ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA
STIPULATIONS AND COMMITMENTS
6B.1 PURPOSE
The purpo[e of this Section is to indicate the stipulations
and commitments which were placed upon this particular tract as a
result of the ~988 P.U.D. amendment procedure. The stipulations
and commitments contained in this Section are in addition to those
contained in Sections 11 and 12 of this document. where two or
more stipulations or commitments are contained in this document,
the more restrictive stipulation or commitment shall apply.
6B.2 ENVIRONMENTAL CONSIDERATIONS
A. Petitioner shall be subject to Ordinance 75-21 (or the
tree/vegetation removal ordinance in existence at the
time of permitting), requiring the acquisition of a tree
removal permit prior to any land clearing. A site
clearing plan shall be submitted to the Natural Resources
Management Department and the Community Development
Division for their review and approval prior to any
substantial work of the site. This plan may be submitted
in phases to coincide with the development schedule. The
site clearing plan shall clearly depict how the final
sine layout incorporates retained native vegetation to
the maximum extent possible and how roads, buildings,
lakes, parking lots, and other facilities have been
oriented to accommodate this goal.
B. Native species shall be ut!lized, where available, to the
maximum extent possible in the site landscaping design.
A landscaping plan will be submitted to the Natural
Resources Management Department and the Community
Development Division for their review and approval. This
plan will depict the incorporation of native species and
their mix with other species, if any. The goal of site
landscaping shall be the re-creation of native vegetation
and habitant characteristics lost on the site during
construction or due to past activities.
C. All exotic plants as defined in the County Code shall be
removed during each phase of construction from
development areas, open space areas, and preserve areas.
Following site development a maintenance program shall be
implemented to prevent reinvasion of the site by such
exotic species. This plan, which will describe control
techniques and inspection intervals, shall be filed with
and approved by the Natural Resources Management
6B-1
Department and the Community Development Division.
D. If during the course of site clearing, excavation, or
other constructional activities, and archaeological or
historical site, artifact, or other indicator is
discovered, all development at that location shall be
immediately stopped and the Natural Resources Management
Department notified. Development will be suspended for
a s~fficient length of time to enable the Natural
Res rces Management Department or a designated
consultant to assess the find and determine the proper
course of action in regard to its salvageability. The
Natural Resources Management Department will respond to
any such notification in a timely and efficient manner so
as to provide only a minimal interruption to any
constructional activities.
E. The petitioner shall submit project designs that will
minimize the destruction of native habitats. The
investigation of possible habitat saving designs should
include, but not be limited to: 1) increasing the number
of stories of the proposed hotel to reduce the amount of
area n~cessary to the building {presumable the number of
hotel units will remain the same; 2) reducing the amount
of parking area, and 3) modifying drainage plans.
F. Certain native plant species that must be removed to
accommodate structures shall be, where feasible,
transplanted to suitable habitat areas within the
project. These plants shall include, but not be limited
to tillandsioid epiphytes and epiphytic members of the
family Orchidaciai, and the species that are listed in
the edition of the Florida Game and Fresh Water Fish
Commission's publication "Official Lists of Endangered
and Potentially Endangered Fauna and Flora in Florida"
that is current at the time of land clearing. The
petitioner is specifically encouraged to preserve and/or
transplant into compatible habitats large oak trees that
contain protected epiphytes, and native hammock
communities.
G. Final alignment and configurations of water management
structures shall be subject to minor field adjustments to
minimize habitat destruction. Prior to construction,
areas subject to alterations must be flagged by the
petitioner; the alignment/configurations shall be subject
to the review and approval of the Natural Resources
Management Department.
H. All preserve areas as designated on the Master Plan must
be flagged by the petitioner prior to any construction in
the abutting area, and habitat preserve boundaries will
6B-2
be subject to the review and approval of the Natural
Resources Management Department.
I. Any proposed construction of docking facilities and/or
related structures shall be subject to the review and
approval of the NRMD and EAC as part of the review
process with all concerned regulatory agencies.
J. All ~he Stipulations of the original Marco Shores PUD
shall be included.
K. All mangrove trimming shall be subject to review and
approval by the NRMD. The goal of any approved trimming
shall be to maintain the biological, ecological integrity
of the mangrove system.
L. The ~inal Water Management Plan shall be designed so that
the water inputs into the authentic Florida water and the
aquative preserve shall be kept to an absolute minimum,
and the need for testing will be considered at the time
the Preliminary Drainage Plan is submitted.
6B.3 WATER MANAGEMENT CONSIDER~TIQN$
A. Detailed site drainage plans shall be submitted to the
County Engineer for review. No construction permits
shall be issued unless and until approval of the proposed
construction in accordance with the submitted plans is
granted by the County Engineer.
B. Water management criteria and design shall be in
accordance with the so-called "Settlement Agreement"
between Deltona Corporation and the State of Florida.
C. Petitioner shall provide written authorization from Lee
County Electric Cooperative, Inc. to use the powerline
easement for drainage retention purposes.
D. No building permits will be issued until the petitioner
can demonstrate that an adequate water supply is
available to this project, either from the County or from
the Deltona Corporation while maintaining acceptable
water service to the Isles of Capri.
6B.4 TRAFFIC
A. Construction of the hotel and restaurant may not commence
until S.R. 951 is four laned.
B. Site development work will be allowed provided that the
petitioner agrees to any traffic operation measures
required by the County Engineer.
6B 3
6B.5 ~
A. All utilities stipulations contained in County Ordinance
No. 84-42 for Petition R-84-7C shall not be amended or
modified by the Ordinance approving PDA-87-1C.
B. In the Purpose of Requested PUD Modification, Impact of
the Development, Utilities Explanation, the statement is
made that potable water for the Isles of Capri
devekopment area is proposed to be provided by the County
(County Water-Sewer District). No guarantee of
commktment can be made by the District that potable water
will be available to serve the proposed uses in the
development area until:
(1) ,Water of adequate volume and pressure is determined
to be available to the project site.
(2) Construction documents for the proposed project are
submitted and approved by the Utilities Division.
(3) All necessary County and State construction permits
are obtained.
(4) An application for water service is approved by the
Utilities Division.
(5) All system development and connection charges and
fees are paid.
C. The development of this site shall be in compliance with
the stipulations contained in the Utilities memorandum
dated January 9, 1987.
6B.6 ~RING
A. The Master Site Plan shows parking and retention areas
within the Lee County Electric easement. Prior to
construction of any facilities within this easement,
written permission from Lee County Electric shall be
obtained.
B. The original PUD stated that this site could be developed
until the completion of S.R. 951, this site should not be
developed until S.R. 951 is four laned as originally
stipulated.
C. ~aly access off Isles of Capri Road shall be in accordance
with Ordinance 82-91 including left and right turn lanes
if required by said Ordinance.
6B-4
6B.7 LETTER OF COMMITMENT
Exhibit "E" (attached) is a letter dated May 5, 1988, from
Robert B. Leeber, President of R&L Development of Marco, Inc.
to William Hanley, President of the Isles of Capri Civic
Association, committing not to do site clearing or filling
prior to the completion of the four-laning of S.R. 951.
6B-5
SECTION VII
GOLF COURSE AND CLUB CENTER
FIDDLER'S CREEK DEVELOPMENT AREA
7.1 PURPOSE
The purpose of this Section is to indicate the development
plan land regulations for the areas designated on Exhibit "A"
as Golf C~urse and Club Center.
7.2 PERMITTED USES AND STRUCTURES
A. Permitted Principal Uses and Structures:
,
(1} 'Golf courses and golf club facilities, including
temporary golf clubhouses.
(2) Tennis clubs, health spas, and other recreational
clubs.
(3) Project information and sales centers.
(4) Community Center facilities, including multiple use
buildings for the community, active and passive
indoor and outdoor recreational facilities, and
boat launching and storage areas.
(5) Community and golf course maintenance areas,
maintenance buildings, essential services,
irrigation water and effluent storage tanks and
ponds, water and wastewater treatment facilities,
utilities pumping facilities and pump buildings,
utility and maintenance staff offices.
(6) Open space and recreational uses and structures.
(7) Pro shop, practice driving range and other
customary accessory uses of golf courses, or other
permitted recreational facilities.
(8) Small commercial establishments customarily
associated with the principal uses or community
center, including gift shops, postal services,
barber and beauty shopa, ice cream parlor, dry
cleaning store (pick-up and delivery only), golf
and tennis equipment sales, restaurants, cocktail
lounges, and similar uses, intended to exclusively
serve patrons of the golf club, tennis center,
community center, or other permitted recreational
facilities.
7 - 1
(9) Shuffleboard courts, tennis courts, swimming pools,
and other types of facilities intended for outdoor
recreation.
(10) Signs as permitted by the Land Development Code in
effect at the time a permit is requested.
(11) Golf cart barns, restrooms, shelters, snack bars,
|and golf maintenance yards.
(12) Part time day care facilities.
(13) Any other principal use which is compatible in
nature with the foregoing uses and which is
determined to be compatible with this district by
,the Development Services Director.
7.3 DEVELOPMENT STANDARDS
A. Principal structures shall be setback a minimum of twenty
feet (20') from district boundaries and roads, and fifty
feet (50') from all residential tracts.
B. Accessory structures shall be setback a minimum of ten
feet (10') from district boundaries and roads, and twenty
feet (20') from residential tracts.
C. Lighting facilities shall be arranged in a manner which
will protect roadways and residential properties from
direct glare or unreasonable interference.
D. Maximum height of structures - Fifty feet (50').
E. Minimum distance between principal or accessory
structures which are a part of an architecturally unified
grouping - Ten feet (10').
F. Minimum distance between all other principal structures -
Twenty feet (20').
G. Minimum distance between all other accessorystructures -
Ten feet (10').
H. Minimum floor area - None required.
I. Minimum lot or parcel area - None required.
J. Standards for parking, landscaping, signs and other land
uses where such standards are not specified herein or
within adopted Fiddler's Creek design guidelines and
standards, are to be in accordance with Collier County
7 - 2
Land Development Code in effect at the time of Site
Development Plan Approval. Unless otherwise indicated,
required yards, heights, and floor area standards apply
to principal structures.
7 - 3
SECTION VIII
PARKS (MAP DESIGNATION nPARK")
UNIT 30, UNIT 24, BARFIELD BAY MF AND
HORR'S ISLAND DEVELOPMENT AREAS
8.1 PURPOSE 8
The purpose of this Section is to indicate the development
plan land regulations for the areas designated on Exhibit "A"
as Parks.
8.2 USES AND ~TRUCTURES
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. Permitted Principal Uses and Structures:
(1) Parks and playgrounds.
(2) Biking, hiking, and nature trails.
(3) Nature preserves and wildlife sanctuaries.
(4) Any other open space activity which is comparable
in nature with the foregoing uses and which the
Development Services Director deuermines to be
compatible in the district.
B. Permitted AccessoryUses and Structures: Accessory uses
and structures customaril~ associated with the principal
uses.
(1) Customary accessory uses of recreational
facilities.
8.3 ~VELOPMENT STANDARDS
A. Minimum Lot Axea: 2~ acres.
B. Minimum Lot Width: 150 feet.
C. Yard Requirements for Structures:
(1) Front Yard: Fifty feet (50').
(2) Side Yard: Thirty feet (30').
8 1
(3) Rear Yard: Fifty feet (50').
D. Maximum Height of Structures: Thirty-five feet (35').
E. There shall be no minimum acreage or lot width for parks
within Fiddler's Creek, so that Sections 8.3A and 8.3B
are not applicable to Fiddler's Creek. Within Fiddler's
Creek, 8.3C shall apply only where property line abuts
residential property or external PUD boundaries. In
addition, there shall be a Zero (0') feet setback
required from waterbodies for such structures.
8 - 2
SECTION IX
"UTILITY" "ELECTRIC"
UNIT 30, UNIT 24 DEVELOPMENT AREAS
9.1 PURPOSE
The purpose of this Section is to indicate the development
plan land.regulations for the areas designated on Exhibit "A"
as "Utilify" "Electric"
9.2 ESSENTIAL SERVICES
Essential services are hereby defined as services designed and
operated 6o provide water, sewer, gas, telephone, electricity,
cable television or communications to the general public by
providers which have been approved and authorized according to
laws having appropriate jurisdiction. Permitted uses would
include potable and irrigation water lines, sewer lines, gas
lines, telephone lines, cable television, electric
transmission and distribution lines, substations, lift
stations, pump stations, utility plants and similar
installations necessary for the performance of these services.
Essential services shall not be deemed to include the erection
of structures for commercial activities such as sales or the
collection of bills.
The utility site in the southeastern corner of Unit 30
development shall be used as a utility plant site for sewer or
water system utilities and/or distribution and storage
facilities for treated effluent.
The utility site in Unit 24 shall be used as a site for a
potable water treatment plant. Storage and supply facilities
related to gas utility systems and a site for any minor
transmission related pumping stations and such for any
essential utilities.
9 - 1
SECTION X
MARINA
GOODLAND MARINA DEVELOPMENT AREA
10.1 PURPOSE
The purpose of this Section is to indicate the development
plan ]and regulations for the Goodlar]d Marirma Development
Area.
10.2 U~S AND STRUCTURES
No building or part thereof shall be erected, altered or used
or land used in whole or in part for other than the following:
A. Permitted Principal Uses and Structures:
(1) Boat docking facilities.
(2) Facilities necessary for and associated with
trailer launched recreational boating.
(3) Dry boat storage areas and structures.
(4) Structures to provide for the following facilities:
attendant's office, attendant's living quarters,
bait and tackle shop, and maintenance facilities.
(5) Any other open space activity which is comparable
in nature with the foregoing and which the
Development Services Director determines to be
compatible in the district.
B. Permitted Accessory Uses and Structures:
Accessory uses and structures customarily associated with
the principal uses.
(1) Customary accessoryuses of marina and recreational
facilities.
10.3 DEVELOPMENT. STANDARDS
A. Minimum Lot Area: Goodland Marina area to be operated as
one entity and not to be subdivided.
B. Minimum Lot Width: Not applicable.
C. Yard Requirements for Structures:
10 1
(1) Setback from east property line: Forty (40) feet.
(2) Setback from other property lines: Zero (0).
D. Maximum Height of Structures: Thirty-five (35) feet.
10.4 FLOOD ELEVATION REQUIREMENTS
Flood elevation requirements in order to comply with the
minimum flood elevation requirements, the maximum height of a
structure; shall be measured from the minimum base flood
elevation required by the flood damage protection ordinance.
10.5 SIGNS
As permitted or required by the Land Development Code in
effect at the time a permit is requested.
10.6 MINIMUM OFF-STREET PARKING REQUIREMENTS
As required by the Land Development Code in effect at the time
a permit is requested.
10.7 MINIMUM LANDSCAPE REQUIREMENTS
Asrequired by the Land Development Code in effect at the time
a permit is requested.
10 2
SECTION XI
DEVELOPMENT STANDARDS
11.1 PURPOSE
The purpose of this Section is to set forth the standards for
the development of the project.
11.2 GENERAL
The facilities shall be constructed in accordance with the
final development plan and all applicable state and local
laws, codes and requirements. Except where specifically noted
or stated herein, the standards and specifications of the
current of'ficial County Subdivision Regulations shall apply to
this project.
11.3 MASTER PLAN
A. Exhibit "A", Master Plan, iljustrates the proposed
development.
B. The design criteria and design iljustrated on Exhibit "A"
and stated herein shall be understood as flexible so that
the final development may best satisfy the project, the
neighborhood and general local environment. Minor site
alterations may be permitted subject to planning staff
and administrative approval.
C. All necessary easements, dedications, or other
instruments shall be granted to insure the continued
operation and maintenance of all service utilities and
all areas in the project.
D. To protect the integrity of the multi-family residential
neighborhood, internal roads within the multi-family
development tracts will be private. All other roads as
shown on the Exhibit "A" developnlent plans of Unit 24 and
John Stevens Creek will be public. It is intended that
the major road system within Fiddler's Creek will be
developed and maintained by the Fiddler's Creek Community
Development District. Developer may, at its option,
develop any roadway within Fiddler's Creek as a private
road. Those portions of the roads depicted on the
development plan of Barfield Bay Multi-family and Horr's
Island that lie within the security entrance adjacent to
S.R. 951 shall be private roads. The other roads in the
Barfield Bay Multi-family area will be public roads.
11.4 PROJECT DEVELOPMENT AND RECREATION FACILITIES
11
The proposed development is iljustrated in Exhibit "A" and
"FC-A" (for Fiddler's Creek). The proposed construction shall
comply with all standards set forth and the resulting complete
project shall adequately serve its occupants and members and
will not cause a general public problem. Such measures as the
construction of streets, screens, signs, landscaping, erosion
control and other similar-in-function facilities shall be
taken to accomplish the above set forth objectives.
Recreatio~ facilities shown on Exhibit "A" and "FC-A" (for
Fiddler's, Creek) development plan shall be provided and
completed in timing with the adjacent residential units. The
northern golf course in Fiddler's Creek has been constructed
by a resort hotel corporation. This course will be primarily
for the recreational use of their guests. Secondarily,
residents,of the Fiddler's Creek area will have access to this
course on an as space is available basis, and the public may
have access on a similar basis. The southern and eastern golf
courses in Fiddler's Creek shall be constructed when feasible
to serve the surrounding residential units. The southern and
eastern golf courses and community center (including tennis
facilities) shall be privately owned facilities and
constructed on the designated site in conformance with the
development needs of the project.
Neighborhood parks, bicycle paths, and other community
recreation facilities shall be constructed and completed in
conformance with the general development schedule of the
project.
Those facilities scheduled for donation to the County as part
of the development plan are community facility sites, school
sites, neighborhood park sites. Those facilities within
Fiddler's Creek scheduled for donation to the County are two
community facility sites.
Neighborhood park sites within Fiddler's Creek will be
dedicated to the homeowners association or the Community
Development District upon their completion in conformance with
the developer's progressive development schedule of the
project. A community facility site will be dedicated to the
East Naples Fire Control District in Unit 27. In Fiddler's
Creek, a site will be dedicated for a library and another site
will be dedicated for fire station, EMS, and other public
purposes. Deltona previously dedicated school sites within
Fiddler's Creek to the Collier County School Board.
Subsequently, the Collier County School Board has agreed to
trade at least two of said sites to the developer for other
needed sites in Collier County. The community facility sites
in Fiddler's Creek will be dedicated to the County upon
request.
11 2
11.5 CLEARING, GRADING, EARTHWORK, AND SITE DRAINAGE
All clearing, grading, earthwork and site drainage work shall
be performed in accordance with the applicable state and local
codes as modified in this document and by the Fill Agreement
dated April 4, 1995, between Collier County and the Developer.
The Settlement Agreement and the conceptual drainage plans
submitted With this application a]ong with the recommendations
of the various review committees will be used as a guide to
the final~development of the drainage and road systems within
the v~rious development areas.
Pursuant to the Agreement between the Developer and Collier
County dated April 4, 1995, land clearing, excavation, and
filling may occur within Fiddler's Creek prior to platting,
site development plan approval, or building permit issuance.
Section 13 was not covered by the Settlement Agreement or the
Fill Agreement. Section 13 shall be governed by the
provisions of the Land Development Code, except as modified
herein, without reference to the Settlement Agreement or Fill
Agreement.
11.6 STREET CONSTRUCTION
All public street design and construction shall meet the
Collier County standards that are in effect at the time of the
approval of this ordinance, except as otherwise specified
herein with regard to Fiddler's Creek. Certain streets have
been proposed for development in Fiddler's Creek which will be
constructed pursuant to right-of-way cross-section depicted on
Exhibit "FC-F". The drainage system for these streets will be
subject to the approval of the County Engineering Department
in conformance with the conceptual drainage plans and
provision and requirements of other sections of this document.
11.7 EASEMENTS FOR UNDERGROUND UTILITIES
Easements for underground utilities such as power, telephone,
cable television, wastewater collection and transport, water
distribution lines and other similar utilities necessary for
O the service of the project shall be located as required and
· granted for those purposes. Clearing of the easements for
installation of underground utilities shall be selective so as
? to protect the maximum number of trees and natural vegetation.
11.8 WASTEWATER COLLECTION, TRANSPORT AND DISPOSAL
See 12.4 of Section XII.
11.9 WATER SYSTEM
11 - 3
See 12.4 of Section XII.
11.10 SOLID WASTE DISPOSAL
Arrangements and agreements shall be made with the approved
solid waste disposal service to provide for solid waste
collection service to all areas of the project.
11.11 OTHER UTILITIES
Telephone~ power, and cable television service shall be made
available to all residential areas. Such utility lines shall
be installed underground with the exception of the primary
electric service as described in 11.7 above.
11.12 TRAFFIC SIGNAL
See 12.6 of Section XII0
11.13 FLOQD ELEVATION REQUIREMENTS
In order to comply with the minimum flood elevation
requirements, the maximum height of a structure shall be
measured from the minimum base flood elevation required by The
Collier County Building Construction Administrative Code.
11.14 ARCHITECTURAL REVIEW
All buildings constructed within the development areas must
comply with the architectural review standards which shall be
specified by the recorded covenants, deed restrictions and
development documents.
11.15 SIGNS
All signs shall be in accordance with the appropriate Collier
County Ordinances, except as set forth for Fiddler's Creek in
Section 11.22 hereof.
11.16 LANDSCAPING FOR OFF-STREET pARKING AREAS
All landscaping for off-street parking areas shall be in
accordance with the appropriate Collier County Ordinances.
11.17 WATER MANAGEMENT
Detailed site drainage plans shall be submitted to the County
Engineer for review. No construction permits shall be issued
unless and until approval of the proposed construction in
accordance with the submitted plans is granted by the County
Engineer, except to the extent permitted by the Fill Agreement
described in Section 11.5 hereof.
11 4
R. FIDDLER'S CREEK SECTION 13
The following standards and stipulations shall apply to
Section 13 of the Fiddler's Creek portion of the PUD:
1. The perimeter berm for Section 13 shall meet Land
Development Code requirements as to setbacks frc~m
the property line.
2. Provisions for Section 13 to accept or pass through
~existing flows from culverts SIS-O01-SO 150 and 180
under U.S. 41 shall be addressed by one or more of
the following methods:
a) Routing west along north line of Section 13
' connecting to U.S. 41 outfall Swale No. 1.
b) Routing south along east side of Section 13,
and further south connecting to Fiddler's
Creek spreader facility.
c) Routing through project's internal water
management system.
All of the above are subject to permitting by South
Florida Water Management District (SFWMD).
3. Within six (6) months of approval of the rezone of
Section 13, Developer shall grant a "temporary"
easement to accommodate the construction of U.S. 41
outfall Swale No. 1 along the west and north sides
of Section 13, the profile of which shall not
exceed that set forth in the construction plans
therefor, as revised May 1992. Developer shall
grant permanent easements as part of the platting
process for properties adjacent to the temporary
easement, and shall have the ability to change the
boundaries of the easement, and the profile of the
drainage swale during said platting process,
provided minimum flows are maintained.
4. Any other drainage easements required in Section 13
for the conveyance of off-site flows shall be
dedicated and recorded within one (1) year of the
approval of the rezone of Section 13, pursuant to
the process set forth in 3 above.
11.18 POLLING PDACES
Community facility sites have been provided throughout the
major development areas to provide for this facility. If no
appropriate county facilities are available, rooms will be
11 - 5
provided within the recreation building for the purpose of
permitting residents to vote during all elections. The number
and location of needed rooms will be determined by Collier
County Supervisor of Elections.
11.19 GENERAL LANDSCAPE DEVELOPME~ CONCEPT
The development of all tracts shall be subject to the then
current C~unty regulations concerning landscaping.
Special provisions for the possible preservation of selected
vegetation are provided in the stipulations relating to Horr's
island, Barfield Bay and john Stevens Creek development areas.
Special procedures ar~ anticipated to provide for the maximum
possible preservation of native vegetation in these areas.
A. Preservation and Reservation Areas:
Approximately 15,000 acres of valuable wetlands and other
preservation areas have been deeded to the State of
Florida in conjunction with the Settlement Agreement
referred to elsewhere in this document. In addition to
these areas, approximately 243 acres of additional land
is set aside in Fiddler's Creek as depicted on Exhibit
"FC-A", and as regulated by Section V hereof. Other than
incorporation into the approved drainage design or as
allowed by permits, these areas will be left untouched,
with the exception of the required removal of exotic
vegetation, and deeded to the homeowners association or
approved entity upon platting of these specific areas.
11.20 MAINTENANCE FACILITIES
A. Unit 24 and Fiddler's Creek
Developer may create a community development district for
Fiddler's Creek. If such a district is created it will
comply with the following requiremente.
If the Fiddler's Creek Developer creates a community
development district ("The Fiddler's Creek Community
Development District") pursuant to Chapter 190, Florida
S~atu~e8, all the property in Unit 30 owned by Developer
will be included within the Fiddler's Creek Community
Development District.
The Fiddler's Creek Community Development District may
own and may have the responsibility for operating,
maintaining, and as appropriate, improving and expanding
the following common areas and facilities:
(1) Any drainage facilities and rights-of-way (streets
11 - 6
and roads) that are not dedicated to the County at
the time of platting;
(2) The water management systems within Fiddler's Creek
owned and developed by Developer, including lake
and lakeshore maintenance;
(3) Parks, other than those dedicated to the homeowners
lassoclarion;
(4) ~Certain recreational amenities and facilities which
are not owned and operated by the Developer, other
private interests, the homeowners association, or
individual condominium associations;
(5) 'Street lighting, and;
(6) Other allowed facilities and services pursuant to
Chapter 190, Florida Statutes.
Chapter 190, Florida Statutes, grants community development
districts created thereunder all powers necessary to achieve
their purposes, including the power to levy and collect taxes
and special assessments, borrow money and issue bonds.
B. Horr's Island and the Horr's Island Entrance Road Within
the Barfield Bay Multi-family Area
A community association (the "Key Marco Community
Association") will be set up by deed restriction. The
owners of all property on Horr's Island and along the
entranceway to Horr's Island will be members of the Key
Marco Community Association. Property Owner's will be
assessed a monthly maintenance fee to support the work of
the Association. The Association will have lien rights
to enforce collection of monthly fees.
The Key Marco Community Association will own and will
have the responsibility for operating and maintaining the
following common areas and facilities:
(1) The entranceway to Horr's Island, including any
security system;
(2) The roadway from County Road 92 to Horr's Island
and all internal streets and roads on Horr's
Island, including all drainage facilities that are
not the responsibility of individual condominium
associations;
(3) Parks and recreation areas;
11 - 7
(4) Street lighting;
(5} The historical preservation site and Indian mounds
on Horr's Island, including the public dock and
accessway to the Captain Horr House (the Key Marco
Community Association may cooperate with local
historical societies to maintain and/or restore the
Captain Horr house);
(6) IThe bridge across Blue }{ill Creek to Horr's Island,
.including maintenance of all required navigat]onal
lighting; and
(7) Such other community areas and facilities which are
desired by the residents of Horr's Island but which
.are not available through local government or
private enterprise.
C. Barfield Bay Multi-family, John Stevens Creek, Isle of
Capri and Goodland Marina
Roads in these areas either already exist and are being
maintained by the State or County or they will be
dedicated to the County at the time of platting. All
common areas and facilities will be the responsibility of
the individual condominium associations (Barfield Bay
Multi-family and John Stevens Creek) or individual
commercial owners and operators (Isle of Capri and
Goodland Marina).
11.21 LAND DEVELOPMENT CODE SUBSTITUTIONS FOR FIDDLER'S CREEK
The following Subdivision Regulations from the Land
Development Code ("LDC") shall be waived and modified as
follows:
A. Land Development Code §3.2.8.3.17.2 - Sidewalks will be
constructed as shown on the roadway cross-sections
attached as Exhibit "FC-F". At Developer's option,
bikepaths may be substituted for sidewalks and sidewalks
shall be optional for roadways with fifty foot (50')
right-of-ways and that serve only one tract or parcel.
B. Land Development Code §3.2.8.4.1 - The access
requirements of this Section are waived and connections
shall be as shown on the Master Plan.
C. Land Development Code §3.2.8.4.3 - Block lengths shall be
as shown on the Master Plan.
D. Land Development Code §3.2.8.4.16.5 - Right of way widths
shall be as shown on the roadway cross-sections attached
11 - 8
as Exhibit "FC-F".
E. Land Development Code §3.2.8.4.16.6 - The length of dead-
end streets or cul-de-sacs shall be as shown on the
Master Plan.
F. Land Development Code ~3.2.8.4.16.9 & .10 - The minimums
of these sections are waived and these tangents shall be
as d~picted on the Master Plan, except for Section 13.
As to Section 13, the minimum of these sections may be
waived administratively at time of PSP or development
plan submittal with justification based on design speed.
G. Land Development Code §3.2.8.3.19 Developer reserves
the right, subject to approval of Collier County
TranSportation Department, to seek substitutes for
traffic and street signs within the boundaries of
Fiddler's Creek.
H. Land Development Code §3.5.7.1 - Excavation setback
distances may be reduced by the Collier County
Engineering Review upon demonstration by Developer that
traffic safety considerations are addressed.
I. Land Development Code ~3.5.7.2 & .3 - Excavation side
slopes and depths shall be in accordance with the
aforementioned Settlement Agreement, except for Section
13, which shall be in accordance with Division 3.5 of the
Land Development Code.
J. Land Development Code §3.2.8.4.16.12.d - The pavement
surface coarse thickness shall be as shown on roadway
cross-sections as Exhibit "FCoF", except for Section 13
where pavement surface course thickness shall be pursuant
to Appendix "B" of the Land Development Code.
11.22 $~GNS ;N FIDDLER'S CREEK
All signs in Fiddler's Creek shall be in accordance with
Division 2.5 of Collier County's Land Development Code, as the
same may be in effect at the time of Site Development Plan
approval, with the following exceptions:
A. Permanent Community Signage
1. Project Identification Signs - Two ground, wall, or
gate project identification signs may be located at
each entrance to the development, subject to the
following requirements:
(a) Such signs shall only contain the name of the
development and any symbol or icon identifying
11 - 9
the development, and shall not contain any
promotional or sales information.
(b) Project identification signs shall not exceed
sixty (60) square feet, excluding mounting
surfaces or structures. Where signage is
affixed or an integral part of a wall or
fence, the face of the sign may protrude above
| the upper edge of the wall or fence, but
remain subject to height restrictions.
(c) No project identification signs shall exceed
the height of ten feet (10') above the
finished ground level of the sign site.
2. ,Boundary Monument Signage - Project monument signs
.may be located at or near each boundary of the
project on S.R. 951 and U.S. 41, provided that no
such sign shall exceed twelve (12) square feet,
excluding mounting surfaces or structures, and
further providing that all other requirements of
11.22A.1) are met.
3. Tract Identification Signs - Each tract containing
a different use may have at each entrance or in
other approved location an identification sign not
more than six feet (6') in height and thirty-two
(32) square feet in area, provided the requirements
of Section 11.22A.1) not in conflict herewith are
met.
4. Directional Signs - At each intersection in the
development, four (4) square foot directional
identification signs are permitted for each
separate use being identified for directional
purposes. One sign may incorporate all uses being
identified, shall maintain a common architectural
theme, such sign shall not exceed six feet (6') in
height and twenty (20) square feet in area, and
shall meet the requirements of Section 11.22A.1)
not in conflict herewith.
B. Temporary or Promotional Signage These signs are to
direct prospective purchasers and identify the various
projects being developed.
1. One development announcement sign may be erected on
each project street frontage for each tract or
-~.~ parcel, identifying the proposed project or project
t under construction. subject to the following
~!~" requirements:
11 - 10
(a) There shall be no more than two (2) signs per
tract, parcel or project.
(b) Such signs shall not exceed sixty (60) square
feet in area, excluding mounting surfaces or
structures. Where such signage is attached or
affixed to a wall or fence, the face of the
sign may protrude above the upper edge of the
| wall or fence, but remain subject to height
restrictions.
(c) No development announcement signs shall exceed
ten feet (10') above the finished grade of the
sign site.
2. ,Residential Lot Signs - Individual residential lots
may be identified by a sign not to exceed two (2)
square feet or protrude more than three feet (3')
above the finished grade of the lot, provided such
sign shall only contain the following information:
lot number, name of owner or builder, and telephone
number for contact, and shall comply with the
requirements of Section 11.22.B.1) not in conflict
herewith.
3. Residential Construction Lot Signs During the
construction phase on any residential lot, a
temporary sign identifying the owner, builder, lot
number, and phrase such as "the new home of "
may be erected, subject to the following
requirements:
(a) Such signs shall not exceed six (6) square
feet in area or protrude more than four feet
(4') above the finished grade.
(b) Such signs shall meet the requirements of
Section 11.22B.1) not in conflict herewith.
SECTION XII
STIPULATIONS AND COMMITMENTS
12.1 STIPULATIONS AND COMMITMENTS - ENVIRONMENTAL ADVISORy BOARD
A. Copditions Recommended by Environmental Advisory Board
("EAB")
(1) Staff recommends approval for all development areas
~of Rezone Petition R-84-7C with specific regards to
PUD Zoning Classification.
(2) Staff recommends Conceptual Drainage Approval of
the following development areas:
(a) Fiddler's Creek
(b) Unit 24
(c) Goodland Marina
(3) Resubmission to EAB for Conceptual Drainage
approval for the Isle of Capri Business Tract and
the unique development areas of Horr's Island,
Barfield Bay Multi-family and John Stevens Creek
will be required that includes site specific
information and coordination of recommendations
made by the County Environmentalists in Memorandum
dated April 27, 1984 as may be amended and endorsed
by EAB.
(4) Detailed site drainage plans for all development
areas shall be submitted to the EAB for review and
approval. No construction permits shall be issued
unless and until approval of the proposed
construction in accordance with the submitted plans
is granted by the county Engineer and the
Environmental Advisory Board.
(5) Detailed site drainage plans showing the
effectiveness of the golf course lake system and
the extent of the water management system,
including spreaders, that will be constructed as
part of the initial phase shall be submitted' to
Project Review Services for review. No
construction permits shall be issued unless and
until approval of the proposed construction in
accordance with the submitted plans is granted by
Project Review Services.
(6) Historically, off-site flows have been and continue
12 - 1
to be routed through the easterly portion of the
proposed development. Should the existing routing
of off-site flows be impacted by the initial
proposed development, provisions shall be made for
re-routing and/or continuing to allow historic off-
site flows to pass through the initial phase
proposed for development.
(7) %Based on prior commitments, Ordinance 88-26 is to
apply except as Section 8 thereof is modified by
.the approved "Conceptual Drainage Plan, Marco
Shores Unit 30", Sheet G-I, dated January 1984,
"Typical Lake Section", with respec to lake slopes
and depths, and further, the lake setbacks from
abutting rights-of-way will not be required
,provided safety barriers (which may include
landscaping with berms) are utilized to the extent
that such setbacks are not met, nor will the
restoration requirements contained in Subsection F
apply. The above does not apply to Section 13,
which shall meet the requirements of Division 3.5
of the Land Development Code.
12.2 STIPULATIONS AND COMMITMENTS o ENVIRONMENTAL ADVISORY BOARD
("EAB"}
A. Stipulations To Rezoning of Category I Lands: Fiddler's
Creek, Unit 24, Isle of Capri, Goodland Marina
(1) Native Vegetation and Habitats
(a) During development Deltona will fill all areas
of Unit 24 under an elevation of six feet and
construct the roads, lake, and other water
management facilities as proposed on the
conceptual plan for both those areas under and
over the six foot contour.
(b) Following this a vegetation survey of the
remaining unaltered areas of Unit 24 will be
prepared by Deltona and submitted to the
County Environmentalist.
(c) The County Environmentalist will use the
vegetation survey and work with Deltona or the
architects hired by future owners of multi-
family lots of Unit 24 to arrive at a final
building and parking lot layout that would
minimize the destruction of remaining
undisturbed native vegetation.
(d) Approximately 15,000 acres of valuable
12 - 2
wetlands and other preservation areas have
been deeded to the State of Florida in
conjunction with the Settlement Agreement
referred to elsewhere in this document. In
addition to these areas, approximately 243
acres of additional land is set aside
Fiddler's Creek as depicted on Exhibit "FC-A",
and as regulated by Section V hereof. Other
than incorporation into the approved drainage
design or as allowed by permits, these areas
will be left untouched, with the exception of
the required removal of exotic vegetation, and
deeded to the homeowners association or
approved entity upon platting of these
specific areas.
(2) krchaeological Resources
(a) The Developer of each of the above described
projects will design and implement a plan so
that if an archaeological site or artifact is
uncovered during site clearing, grading, or
excavation, construction in that location will
be stopped for a sufficient length of time to
give both Developer's archaeological
consultant and/or one selected by the
Environmental Section to assess the find and
determine whether excavation is necessary.
(b) The Environmental Section or its selected
consultant will leEpond to such a find in a
timely manner so that construction is not
unnecessarily delayed.
(c) prior to any work in the Goodland Marina area,
the Environmental Section, with the assistance
of selected local archeological assistance,
will survey the development area to determine
the validity of reported sites in that
vicinity.
(d) If a significant site is discovered, the
Environmental Section will coordinate the
excavation of the site, consistent with
Developer's construction schedule, to remove
any significant artifacts.
(3) Water Resources - Quality
(a) To ensure sufficient treatment of water runoff
from development areas, final water management
plans will retain and treat all runoff in
12 - 3
development area swales and/or lakes prior to
discharge from lakes through spreader
waterways.
(4) Water Resources Quantity
(a) Final water management plans, control
structure elevations, lake levels, etc., are
| to replicate, as closely as possible, the
seasonal pattern of water discharge as
necessary to comply with the applicable
requirements of the South Florida Water
Management District and the Settlement
Agreement, except for Section 13, which shall
comply with the applicable requirements of
South Florida Water Management District and
Collier County.
(b) Water will be retained on site during the
natural dry season and will be discharged at a
rate similar to pre-development conditions
during the wet season pursuant to the
applicable requirements of the South Florida
Water Management District and the Settlement
Agreement, except for Section 13, which shall
comply with the applicable requirements of
South Florida Water Management District and
Collier County.
(5) Other
(a) Native vegetatio~ should be retained and used
where possible for ground cover.
(b) If feasible species should be transplanted
from development sites to border areas.
(c) Where transplanting i~ not feasible, make
native species, that would otherwise be
destroyed, available for the use of qualified
individuals (e.g. the Native Plant Society,
Applied Environmental and Engineering
Services) in the restoration or enhancement of
other Marco Island areas (e.g. County Park
sites on Marco including Tigertail Park, other
Marco Island development areas).
(d) Remove all existing exotics on site as
described by County Ordinance.
(e) Follow design considerations as outline in
County Environmentalist's memorandum dated may
12 - 4
15, 1984.
B. Stipulations to Rezoning of Category II Lands: Horr's
Island, Barfield Bay Multi-Family, John Stevens Creek
(1) Native Vegetation and Habitats
(a) Final site plans and drainage plans for
| Category Two Lands shall be designed to
minimize the destruction of vegetation
classified on Figures 1 and 2 as rare, unique,
or endangered.
(b) The final location of roads buildings, parking
areas, water management components, and other
facilities shall be carefully chosen to
minimize impacts on R.U.E. lands will be
mitigated, where possible, by the
transplantation of native plants to adjacent
undisturbed areas.
(c) At there areas the loss of R.U.E. lands will
be mitigated, where possible, by the
transplantation of native plants to adjacent
undisturbed areas.
(d) Figures 3 and 4 depict typical, conceptual
site development and drainage plans that
reflect these guidelines.
(e) Prior to construction, the final site plans
and drainage plans for development within
Category Two Lands shall be reviewed and
approved by the EAB to ensure that the final
designs meet the goals and comply with the
concepts of development as expressed in the
County Environmentalist's memorandum dated May
15, 1984.
The following area-specific recommendations further
clarify these general comments:
Horr's Island and Barfield Bay Multi-Family Area C
(f) The majority of Horr's Island (excluding the
mangrove areas within the development limit
line) and all of Barfield Bay Multi-Family
Area C (Figure 1) are classified as R.U.E.
lands because the exact composition and
location of the rare, unique, or endangered
plant communities contained thereon and the
occurrence and distribution of any classified
12 - 5
rare, endangered, or threatened species were
neither adequately addressed nor mapped in the
Army Corps of Engineers Environmental Impact
Statement or associated reports.
(g) A vegetational survey and an analysis of the
presence and location of endangered,
threatened or rare species is a normal
| requirement of the County E.I.S. Ordinance.
Because the information supplied on the
characteristics of the upland areas of Horr's
Island was not site-specific, a detailed
survey (including an upland plant community
map) of the composition and distribution of
upland vegetation and the occurrence of rare,
endangered, or threatened species shall be
conducted by the applicant in consultation
with a qualified South Florida tropical
systematic botanist.
(h) The vegetation survey, which will be utilized
in the final site and drainage plans developed
for Horr's Island and incorporated into the
final LAB review and approval of the site and
drainage plans for the area, is required by
County Ordinance 77-66 under the terms of
Resolution R-82-86.
(i) It is suggested that the Developer or a third
party purchaser, have similar surveys
conducted for proposed development sites in
other Category Two Lands and incorporated into
the design for the final site and drainage
plans.
If the Developer or the third party purchaser
declines to have such surveys conducted
(Resolution R-82-86 precludes the County from
requiring such surveys as a part of the EIS
review on Category Two Lands other than Horr's
Island), the County Environmental Section
e (with the assistance of local experts) will
undertake these analyses in conjunction with
Applied Environmental and Engineering
Services, if desired, and incorporate the
results into the recommendations regarding the
site plan before final approval will be
considered.
(k) All site-specific surveys will be conducted
prior to any site alteration.
12 - 6
(1) Those surveys conducted by the Environmental
Section will not delay Developer's timetable.
(m) Surveys for multi-family lots on Horr's Island
may be delayed until future lot owners are
ready to develop the site.
(n) To this extent, the Developer needs only to
! have surveys conducted on those areas where
they will undertake land alteration activities
(i.e0 roads, water management facilities).
(o) Surveys for Developer's activities must
however cover enough of the surrounding areas
to enable the selection of potentially more
' suitable locations.
John Steven's Creek and Areas A and B of the Barfield Bay
Multi-Family Area
(p) The majority of site development construction,
clearing, grading, and filling will be
concentrated in those areas disturbed by
previous activities and therefore not
classified as R.U.E. lands.
(q) At these sites, R.U.E. lands will be retained
as developmental buffers utilizing extant
native landscaping, and as an incorporation of
natural amenities.
(r) Land use is not precluded from R.U.E. areas,
however, only those activities that will not
significantly alter those areas' natural
characteristics will be acceptable. Such
activities could include bike paths, vita
courses, nature trails, and other low impact
activities.
(s) Road corridors through R.U.E. areas, and
locations where buildings or parking lots
extend into these areas because of space
limitations, will be carefully selected to
ensure minimal loss of habitat and mitigated
by the transplantation, where possible, of
native vegetation to adjacent, unaltered
R.U.E. areas.
2. Archaeological Resources
(a) The archaeological survey of Horr's Island to
be conducted by Developer's archaeological
12 - 7
consultants will classify all sites as
significant (those needing to be preserved)
and marginal (those where only a recovery dig
is necessary prior to site development).
(b) The results of this survey will be
incorporated in the final site and drainage
plans for Horr's Island.
(c) Although not required, a similar survey is
strongly recommended for other development
sites within Category Two Lands which are
classified as R.U.E. for incorporation into
final design plans.
'(d) If not conducted by Developer, the
Environmental Section, with the assistance of
local archaeological groups will conduct a
similar survey and include the results in the
review and before any approval of the final
site and drainage plans for these areas.
(e) In addition to the pre-development surveys a
program will be established allowing
assessment of any archaeological sites or
artifacts uncovered during site clearing,
grading, excavation, or construction.
(f) In such case, any development activity
considered inimical to the integrity of the
archeological find will be stopped temporarily
to give the Developer, or the County , or the
State of Florida archaeological consultant a
chance to excavate the find.
(g) The Environmental Section or its selected
consultant will respond to such a find and
conduct necessa..-y excavation in a timely
manner so that construction is not
unnecessarily delayed.
O 3. water Resources
(a) The final water management plans for Category
Two Lands shall be designed to minimize the
clearing and alteration of land in R.U.E.
areas.
(b) This will be accomplished by designing the
water management facilities to direct the
majority of runoff from building pads and
parking lots to roadside swales.
12 8
(c) Overflow from these swales will be discharged
through storm swales and spreaders at the
wetland borders, carefully located to take
advantage of the existing topography and flow
channels and to minimize alteration of R.U.E.
areas.
(d) Conceptual site plans with water management
~ features incorporating these comments are
depicted in a generalized scheme in Figure 3,
and for a section of Horr's Island in Figure
4.
(e) The benefits of following such plans include:
(i) development along existing topographic
' gradients will retain natural flow and
filtration characteristics; (ii) direction of
runoff to roadside swales, located in most
cases near the center of existing ridges, will
take advantage of the natural capacity of the
sand and shell soils to percolate and filter
water; (iii) the retention of side-slope
R.U.E. areas to buffer development areas from
the preserved wetlands will provide further
filtration of runoff from the rear of
development areas whiled maintaining the
existing natural conditions; and (iv) the
water entering the ground and/or adjoining
wetlands will be partially or completely
treated in the rDadside and discharge swales,
the wetland spreaders, and by percolation
through ridge substrates and filtration
through retained native wetland buffer
vegetation.
(f) The ultimate stormwater discharge points for
Category Two Lands will be carefully located
in areas most suited for receiving such
waters.
(g) Low quality, semi-impounded wetlands, buffered
from productive aquative and wetland areas by
distance, topography, or existing roads will
be utilized.
(h)Potential discharge points are indicated on
Figure 1.
(i) In order to minimize the degradation of water
quality by the addition of fertilizers,
pesticides, and herbicides, the area extent of
lawns around the develo~ment will be kept to a
12 9
minimum.
The Environmental Section recommends a sodded
area of no more than five percent (S%} of any
structure°s area.
(k) The use of retained and transplanted native
cover naturally occurring under existing
~ conditions will be emphasized.
,(1) The final water management plans for all
Category Two Lands will be reviewed by EAB to
ensure that they integrate native vegetation
and existing drainage features and are
designed following the concepts stated in the
' County Environmentalist's May 15, 1984
memorandum depicted in Figures 3 and 4.
(m) During plan preparation, Developer will work
with County staff to arrive at a final product
compatible with these general guidelines and
the associated conceptual diagrams.
(n) Where two alternative water management
approached exist, that approach which will
best serve to minimize alteration of R.U.E.
areas will be chosen.
4. Other
(a) Native species will be transplanted from
development sites to border areas.
(b) Where transplanting is not feasible, native
species, that would otherwise be destroyed,
will be made available for the use of
qualified individuals (e.g. the Native Plant
Society, Applied Environmental and Engineering
Services) in the restoration and enhancement
of other Marco Island areas (e.g. County Park
sites on Marco including Tigertail Park, other
Developer development areas).
(c) Native vegetation either existing in situ, or
transplanted from construction sites will be
retained and used where possible for
landscaping and/or ground cover.
(d) All existing exotics on site will be removed
as required by County Ordinance.
(e) The use of introduce~ non-native species for
12 - 10
landscaping will be severely restricted.
(f) All construction, clearing, and filling
locations in or adjacent to designated R.U.E.
areas will be flagged and field approved by
the Environmental Section prior to the
commencement of site work.
|(g) Turbidity screens, or other similar devices,
will be used in association with work within
or adjacent to wetlands.
(h) All work in Category Two Lands will be
conducted following the design considerations
and conceptual drawings contained in the
' County Environmentalist's May 15, 1984
memorandum.
C. Additional Stipulations
(1) The EIS prepared by the Corps of Engineers will be
accepted to fulfill the requirements of Division
3.8 of the Collier County Land Development Code
with the condition that the stipulations contained
in the County Environmentalist's May 15, 1984,
Memorandum are followed.
(2) Specific stipulations to modify site plans for all
Category I and II Lands except for Fiddler's Creek,
in order to minimize impact on native upland
vegetation and habitats and to require for Category
Two Lands final site plan review and approval by
the EAB are contained herein to bring the
development proposals into compliance with County
environmental policies and standard review
procedures and requirements. Fiddler's Creek shall
not be required to comply with the provisions
hereof.
(3) Modifications to the conceptual drainage plans
along with new conceptual plans to incorporate
environmental concerns are recommended for Category
Two Lands and Unit 24 to ensure that the final
water management design does not unnecessarily
destroy native upland vegetation, habitats, and
associated wildlife.
(5) Tree removal permits are not issued at the time of
rezone approval because of the conceptual nature of
rezone plans and the lack of site-specific
information, to the extent this provision is not
modified by the Agreement between the applicant and
Collier County, dated April 4, 1995.
(6) Tree removal permits for all Category I and II
|Lands, will be issued for the proposed individual
developments after the final site plans and
~drainage plans, based in some cases on required
vegetational surveys, are reviewed and approved by
staff and advisory boards, except as modified for
Fiddler's Creek by the Agreement between County and
Developer dated April 4, 1995.
(7) Flagging and approval by the Environmental Section
of the final alignment of the proposed docks and
boardwalks is required prior to construction.
(8) The rezone petition contains no plans for dredging
associated with these structures. If required,
dredging will therefore have to be reviewed under a
separate petition.
(9) The exact locations of the roads in Category Two
Lands, will be approved during the review of the
final site plans.
(10) Because some of the recommendations, particularly
those involving development in areas of |{orr's
Island or other Category II Lands designated as
rare, unique, or endangered, would require specific
actions and further review to ensure
environmentally sensitive development, it is
suggested that the County allow a certain amount of
flexibility in the site plans and density spread
associated with these petitions. For example, site
plans could be shifted and density units
transferred from areas of high environmental
concern to those with lower potential impact.
(11) Some of the recommendations contained herein
constitute variations from the Settlement
Agreement. Within the Agreement, however,
provision has been made for modifications of the
plans such as proposed in the County
Environmentalist's May 15, 1984 memorandum.
Informal conversations with some of the other
parties to the Agreement indicate that changes to
further protect the natural resources of the area
could be made with a minimum of difficulty. Staff
12 12
believes that the design recommendations embodied
in the May 15th memorandum represent additional
methods, above and beyond those contained in the
Settlement Agreement, to permit the proposed
development while protecting the natural and
cultural resources of Collier County. Staff, as
representatives of Collier County, a party to the
Settlement Agreement, will, in cooperation with the
iDevelopers of all Category I and II Lands except
for Fiddler's Creek, initiate and attempt to
negotiate the addition of the following Exhibits to
the Settlement Agreement and any resulting
modifications that may be necessary to the existing
U.S. Army Corps Engineers permit:
Exhibit D - 12A
Wherever vegetation is discovered on any
Category I or II Lands, which is deemed by
Collier County to be rare, unique or
endangered, Developer may eliminate rear yard
and roadside swales and other drainage design
features shown on D-2, D-3, D-11, D-46, D-47
and D-48 of this Exhibit to the extent
Developer and Collier County determine that to
do so will reduce the adverse impact on such
vegetation. In the event the Engineering
Detail Drawings are varied in accordance
herewith, Developer shall be excused from
compliance with the drainage retention
requirements shown on D-11, D-46 and D-47.
Note:
The above applies to the following development
areas: 1. Barfield Bay multi-family; 2. John
Steven's Creek; and 3. Horr's Island
Exhibit E - 1A
Wherever vegetation is discovered in the
Barfield Bay Multi-family, John Steven's Creek
and Horr's Island development areas which is
deemed by Collier County to be rare, unique or
endangered, the following design criteria
shall apply, to the extent the Developer of
Horr's Island and Collier County determine
that to do so will reduce the adverse impact
on such vegetation, in this Exhibit E:
1) Multi-family tracts and roadways abutting
wetlands shall not be required to have a
12 - 13
minimum ten foot (10') wide by six inches
(6") deep swale.
2) Multi-family areas shall not be required
to drain toward rear yard swales.
3) Developer shall be excused from
compliance with the one-half inch (M")
~ dry retention storage requirement.
4) Drainage may discharge via sheet flow
from roadside spreader swale, or rear
yard swale, or through the rare, unique
or endangered vegetation.
To the extent that some or all of the
provisions of the foregoing additional
exhibits are not approved in accordance with
the terms of the Settlement Agreement or are
not approved by permit modification or
otherwise by the U.S. Army Corps of Engineers
or are otherwise not legally permitted, the
Developer of Horr's Island shall design the
Barfield Bay multi-family, John Steven's Creek
and Horr's Island developmeDt areas as
provided for in the Settlement Agreement;
however, taking into consideration any
provisions of the additional Exhibits as have
been fully approved.
12.3 STIPULATIONS AND COMMITMENTS SUBDIVISION REVIEW COMMITTEE
A. The approved stipulations of the EAB pursuant to the
memorandum from County Environmentalist dated May 15,
1984, may necessitate exceptions from the Subdivision
Regulations to accommodate fine tuning of the final site
plan;
B. Detailed engineering drawings as shown in the Marco
Agreement will not necessarily apply, or would be subject
to the County Engineer's approval at the time of platting
in conjunction with the best development procedures.
C. Platting and construction plan approval will be granted
on a segmental basis with applicable time restraints
imposed by the Subdivision Regulations being applied to,
each segment.
D. For the purposes of platting and replatting within the
project area, assurance for the completion of subdivision
improvements will be provided by Developer subject to
approval by the County Attorney.
12 14
12.4 STIPULATIONS AND COMMITMENTS - UTILITIES
A. Waste Water Management
(1) Under the franchise modification, as provided for
below in "2" and this Section, Deltona, through
Deltona Utilities, Inc., shall assume
responsibility for constructing and operating
|additional wastewater treatment collection and
disposal facilities and necessary to provide sewer
,service to the Marco Development areas, and to
those areas known as Unit 24 and Unit 27.
(2) The Board of County Commissioners hereby authorizes
Deltona to undertake the responsibility for sewer
,service, as provided in "1" of this Section, by
granting the following modification to Deltona's
Sewer Franchise Agreement, dated April 27, 1971 and
recorded in the public records of Collier County in
Official Records Book 401, Page 304 et seq. (the
"Sewer Franchise Agreement:):
(a) The sewer franchise area is hereby modified by
deleting therefrom all property that is not
designated as "Development Area" under the
Marco Agreement and substituting therefore all
property, not presently within the sewer
franchise area, that is included within such
Development Area.
(b) Not withstandin[~ this modification to the
Sewer Franchise Agreement, Collier County
shall provide sewer service to those areas
known as Unit 24 and Fiddler's Creek, provided
Collier County has the capability and has
committed to provide such sewer service prior
to commencement by Developer of construction
of any additional sewage treatment facilities
to serve such areas.
(c) With respect only to those areas known as Unit
24, Developer shall dedicate all sewage
collection facilities to Collier County at the
time such areas are platted or replatted
(whether or not the plats or replats are
identified as Unit 24). Simultaneously with
such dedication(s), Collier County shall lease
the collection facilities back to Developer;
alternatively, Collier County may commit to
provide immediate sewer service to the platted
area, as provided in "b" above. In the event
the collection facilities are leased back to
12 - 15
Developer, the lease shall be on the following
terms and conditions:
(1) Lease Term The lease term shall
commence from the date of platting and
continue uninterrupted for 30 years or
until Collier County purchases the sewage
treatment facilities as provided for in
"d" below, whichever first occurs.
(2) Annual Rent $1.00 per annum payable
annually in advance.
(3) Lessee's Rights Lessee shall have the
right to use and operate the sewage
, collection system, and during the lease
term, all connections to the system shall
be customers of the lessee. Customers
outside the Deltona Franchise Area but
served through this facility shall be
customers of the County.
(4) Lessee's Obligations Lessee shall have
the responsibility to provide sewer
service to the areas served by the sewage
collection and lessee shall maintain and
repair the sewage collection system so
that upon termination of the lease, the
system will be turned over to Collier
County in good condition, reasonable wear
and tear expected.
(5) Other Provisions - The lease shall
contain such other provisions as are
typically included in commercial net
leaseback agreements as Developer and
Collier County shall deem reasonable and
appropriate.
(d) In addition to any other rights of Collier
County to purchase the sewer system, as
provided in the Sewer Franchise Agreement,
Collier County shall have the option at any
time, upon twelve (12) months prior notice to
Deltona, to purchase the sewage treatment
facilities serving Unit 24. In the event
Collier County exercises this option, the
purchase price shall be determined by adding:
(1) The amount of Deltona's investment in the
sewage treatment facilities serving such
Units 3ess any salvage value of the
12 - 16
treatment facilities (if Collier County
does not desire to take title to such
treatment facilities) and less any
portion of Deltona's investment
previously recovered from Customer credit
impact fees to be collected by the County
and returned to Deltona as a credit and
~ (2) any accumulated net operating loss
attributable to that portion of the sewer
system occurring during that period
commencing after 100 customers have been
connected to the system through the date
of closing.
'(e) Collier County Utilities shall provide all
wastewater treatment services to that part of
Fiddler's Creek owned or developed by
Developer.
(f) It is anticipated that Developer will use
treated wastewater effluent to meet the non-
potable water demands for Unit 24° The
effluent distribution lines will be dedicated
to Collier County at the time of platting, and
in the event Developer leases back the sewage
collection system as provided for in (2)
above, the effluent distribution lines will be
included in the leaseback.
(g) Deltona shall be required to locate the
construction of a regional sewage facility in
the general location of Unit 30°
B. Water Supply and Treatment and Distribution
(1) The County Water-Sewer District through its
Regional Water System shall be the sole provider
and purveyor of water to those portions of the
development lying within any non-franchised areas.
(2) All plans and specifications for transmission and
distribution facilities proposed for the areas
under this petition shall be reviewed by the
Utilities Division for conformance with current
subdivision requirements and Utilities Division
standards for construction.
(3) All transmission and distribution facilities within
the non-franchised areas shall be dedicated to the
County Water-Sewer District prior to being placed
into service.
12 - 17
(4) All water users in the non-franchised areas shall
be County customers.
(5) Prior to the issuance of building permits for new
water demanding facilities, the applicant for the
building permit shall pay an appropriate system
development charges applicable at the time
application for the building permits are made.
12.5 STIPULATIONS AND COMMITMENTS - TRAFFIC
Subject to FDOT approval, the Developer or a Community
Development District formed for Fiddler's Creek shall provide
the following:
A. Traffic signals at each of the new intersections created
on SR-951 and US-41 when deemed warranted by the County
Engineer. The signals shall be owned, operated and
maintained by Collier County.
Bo All required auxiliary turn lanes at each new
intersection created on SR-951 and US-41.
C. Street Lighting at major entrances into the development.
D. The Developer of Fiddler's Creek has contributed an 18.4
acre fill source to Collier County to supply fill for the
w;odening of State Road 951 to four lanes between New York
Avenue and the Marco Bridge. Pursuant to that certain
Agreement between the County and Developer relating to
the widening of State Road 951 dated April 4, 1995, all
Development of Regional Impact (DRI) and PUD conditions
which had restricted development and construction traffic
have been fully satisfied by construction of the existing
four lanes of State Road 951 and by execution of said
Agreement. All such prior restrictions and conditions on
development related to traffic impacts are no longer
applicable. All prior obligations of Developer under
this PUD document relating to the provision of fill for
State Road 951 have been fully satisfied by execution of
the Agreement between Developer and Collier County
granting the County the right to enter upon the property
for the purpose of excavation of the fill needed for the
four-laning of State Road 951.
The Developer shall provide traffic signals at internal
intersections when deemed warranted by the County Engineer.
12.6 PLANNING DEPARTMENT
The Planning Department reviewed this petition and has the
following recommendations:
12 - !8
A. That the staff report recognize that SR-951, after four
laning, will be approaching its capacity in 1990 and that
appropriate recommendations be made to include the future
6-1aning of the northern most section in the county's
Comprehensive Plan.
B. That Unit 24 be prohibited from any development until SR-
951 is 4-1aned or the applicant be required to donate to
the qounty the cash equivalent of the construction cost
for the 4-1aning of 500 feet of SR-951. This donation,
to be used by the County solely for the 4-1aning of 951,
shall be determined according to FDOT's SR-951
construction plans and shall be made either prior to Unit
24's a) development in whole or in part of b) the
transfer to any other person or entity of any ownership
interest or right to control Unit 24, in whole or in
part. This donation shall be independent of the other
fair-share contributions included within these
recommendations.
C. That the Isle of Capri Commercial PUD, due to the level
of service of SR-951 closely approaching "D", be
prohibited from any development until SR-951 is 4~laned.
However, site development work including clearing and
filling may be performed on the site prior to the 4-
lan[ng of SR-951, provided that such activity is
otherwise in conformance with this PUD Ordinance
particularly, but not limited to, the environmental and
water management sections.
Do That the Developers of Horr's Island and John Stevens
Creek be responsible for the reconstruction of the
intersections of SR-92, with the road to Horr's Island
and John Stevens Creek. In the event that the State
purchases Horr's Island, Developer of Horr's Island will
not be obligated to bear the cost of improvement to that
portion of the intersection.
E. If the marina is developed, the developer of the marina
will be responsible for the reconstruction (if necessary)
of the intersection of SR-92 and the road to Goodland.
e F. The Developer's contribution to the County of an 18.4
acre lake as a source for all the fill needs of the
entire redevelopment of SR-951, which has been
accomplished, shall constitute its entire fair share
obligation for surrounding traffic related construction,
with the exception of needed improvements at newly
created development road intersections with SR-951 and
US-41, and compliance at the time of building permit with
Collier County Ordinance 85-55, as amended from time to
time. The fill contribution, any required intersection
12 - 19
improvements and compliance with Ordinance 85-55 have
been determined to satisfy the conditions of former
Section 4.D.9.K.(4) of Collier County Development Order
84-3.
The Agreement between Collier County and Developer as
described in Paragraph 9.C. fu].ly and completely
satisfies Developer's obligations for all "fair share"
contributions for the resident's use of State Road 951 as
a hurricane evacuation route, for transportation and for
mitigation of traffic impacts under this DRI Development
Order and PUD document over and above legally imposed
county-wide transportation impact fees.
G. Any construction road or private roads installed from
FiddIer's Creek to U.S. Hwy 41 will be made available to
Collier County as an alternative emergency evacuation
route upon request by the appropriate Collier County
governmental official.
It is intende~ that these recommendations supplement any other
transportation related recommendations. If any of these
recommendations conflict with any other recommendations, then the
more restrictive should apply.
12.7 FIDDLER'S CREEK STIPULATIONS AND CONDITIONS
A. Nc filling of the east-west canals/ditches contained on
the 22.9 acre parcel described on page 7 of Exhibit "FC-
C" hereof shall occur prior to the removal of exotics
from the Preserve parcel located between Parcels 1 and 49
as depicted on Exhibit "FC-A" hereof.
B. If the development activities in Fiddler's Creek are the
cause of flooding in the Port-Au-Prince Project,
Developer shall take immediate corrective action.
C. Agricultural uses shall continue to be permitted on the
undeveloped portions of Fidd!er's Creek lying within
Section 13, Township 51 South, Range 26 East, Collier
County, Florida.
12.8 FIDDLER'S CREEK STIPULATIONSAND CQNDITIQNS - WATER Mg~NAGEMENT
A. The Developer shall make provision to accept or pass
through existing flows from culverts SIS-00-S0 150 and
180 under U.S. 41 by one or more of the following
methods:
i) Routing west along north line of Section 13
connecting to U.S. 41 outfall Swale No. 1.
12 - 20
ii) Routing south along east side of Section 13, and
further South connecting to Fiddler's Creek
spreader facility.
iii) Routing through project's internal water management
system.
All of the above are subject to permitting by South
Florida Water Management District.
B. Within six (6) months of approval of the rezone of
Section 13, Developer shall grant a "temporary" easement
to accommodate the construction of U.S. 41 outfall Swale
No. 1 along the west side of Section 13, the profile of
which shall not exceed that set forth in the construction
plans therefor, as revised May 1992. Developer shall
grant permanent easements as part of the platting process
for properties adjacent to the temporary easement, and
shall have the ability to change the boundaries of the
easement, and the profile of the drainage swale during
said platting process, provided minimum flows are
maintained.
C. Any other drainage easements required in Section 13 for
the conveyance of off-site flows shall be dedicated and
recorded within one (1) year of the approval of the
fezone of Section 13, pursuant to the process set forth
in 16.B) hereof.
3'\SE~iON.1]\P~.FNL [Nove~er 14, 1996]
12 21
®l
Fiddler's Creek
"~~-~ Trac~ i3
EXHIBIT
t UHIT
L£ OF GAPR; I /
/
MARCO ISLAND ~
BARFIE~D
JOHN $TE EH$
~iH~LE FAI,ilLY O :
GOODLAND
'&ARIHA
ISLAND
LOCATION ~ ·
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Illit el
Ue~es II · dillheel e{ Ill.?l feetl I~sM·
S 4|etslde e{ ILIl fedtl L&414e ell'lTell'l · diduses Ig ll}.dl
leeif Illsee Ill*)l*ltel I dillslee e( illell Is·if liesee
,,.
II}°tI*34*l s disladle 0l ill,el leetl Sheets 13l*3f*lJ't s . :
dietlids e{ Ikll leell II~ete ill*le,13°l s dilldies el Ill. el I
lieedifiCeS · dieleeds el lit,iS flail theme 11llqlell*l I !. .,
dldt444s el Ill, 4! fedtl lielee lli143~eJiel 41 dilllade s4 lli.31 :
feell Illado lllelieJiel · distalee el 11,33 lest/ tiesee ? .
· ' sil*el*Jl°l s dlslss~ el ltt, ll leetl Iliad· Idleiletl*£ I ,
dtatsm el ill,Is lestl L~eddl· Ill'tleJl°Z 41 4ill&ell e[ ltI.ll ! ..' -.
fsetl 110s441 ll~e:li'llell I dillsset el 31J. i¢ lieIf liedel
11I*)le]4°l I diet·He I~ 111.31 leeIf Lieeels ll~lel~°L s ; .
felt/ tilesde 11$'3teJTel · dtstii~ce* el II, lt ~eell lilies
Ill'Jlellee · dtsteMw ee l).ll fedif 1.14lee 143-11teel*[ s
dietsale ee II.J) thai Uee441 131~IoAT'I S dtSL~el el IL. Xe
feeif the~de ItleiJellet I dElldiscs ee 41,3& geese theell
-
l$4ellellel I elllilts el 313o13 leltf theme IllelleJl*l · ; ~t~-.*I'. .
dillssee el II,ll llltl Illlit lll*31'13°l s dietdell II
,.,,, t..M...~,..*i . dr.....~ ..I, ,..,, Ih... ...~;.~..
lilo]lell*l s liliesIt el Illell leell liege 1tl'llollel s
Itell thesis 1ll'llet~l I liltills el Illell leeIf lilACs ~'
dislike el 11~11 leeit lIMe Ill~l'~l s dislike el lid,l) ,. -~ ~"
leeIf ticks l?lellellel I dillShe· el It,IT leeif tltlee
s~l*dleld*l s dietssee el lll,ll leers theme S~l'il*l~*l s ; ,;/~,~,.'
lieIf lielie lllell*ltel I dlltls~e el llLIJ lestl tiesis
~llls~l l( Ill.It (sill liege Itl~l*ll'I s d/ellste el IIl,ll ~;~,,ii .
' leeIf Illlie lll*ll*llel S elitelie el 3ll, ll feell lieNil
lllell"ll'l s dlel~le el lll, ll leell liesis 144'41'3l'I l
leeIf liege lllql'l~l S illletHe el lll,ll ~letl lielie
Ilelllde el It,el llell liege 13~i. lellel · lilies el I1,11 · ..
leeIf 'lieNs IIl'llellel I dllll~4 el Illell Isell I~e~le .~ ~.:.
lll'13ell'l I alllithe el lll, ll Ilell tieell Illellellel
dlete,e el II,ll leell Ul,e lt~llellel · dillssis el II.ll
IIl'llellel I dltll~l el 111, I1 leell Itsfie I11'11'11'1 e
' llllltle el I},11 (Isle Illlie II~ll*llel I dlllt~e el I1,Ii
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leetl Ile~e lJlellell~ · lieSelse el Itl, ll leell tiesee .,.. .
dillills l( lieel leell IIQMI 13lellelleV · ~lllssle el ll,ll ,
feell lielie illell*llel S dlllllll el ll,ll Jeell tll~le '
Illellellel · tlelllle el Illell leell Illlie Ill'llsll*l I '.f~
leell liege ll3*ll'll'l s dietssis el ~;~ leetl the,el ; ~.
· lil,14'el'l s liesends el lll,el leeIs b Ill'll'll'l , I s '~'-.~
lietails el Ill,Is leell ~eKe Illell'll*l I dlellele el ll).ll
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' EXHIBI
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/eel Illwe4e Illslf,lfwl e dlelelIe II 111-1} (tile
lll*~l*llsl I dlllll4e el Ill. It ¢el~t I&eeIe llrl4elf. I
dlll4e4e el tl.tl twill Ilel4l 111*fleeIll I dietsale el IIJI
ellel4e I31elleliel I dilllade el llt.ll leeel lielie
· ,,....,. ,,,..,, ,... . .
llele~e el 11~Sl le4~t tle~e Ilfllel~l · distal el tll.li
fellel e dleled4e el Ill.el feeel lltl4e lideJl'le*f e
leJl'l · dillwell el Jll.ll feeif tlel4e IJte4lell'i e
141*]le}l'l I dillslie e[ 14},li [well lielie lll'])'il'l
leetl I~elle lJleilell*~ I 4ilialie l( lll, ll (well lee race
dllll~e e( Ill,el (l~tf liege li~}ell~ I dlal~e e( l)l.ll
IIT'LIeLI'I I lilli~e l( I~1.11 Islll I~e~qe 111'1S'15'v ·
leett lieroll ltl*llell~ I Illflail l( 11,41 feitl
Ill'lle~lel · dillsate l{ 44,3~ feel~ Ueewe 141'33'33'v
leell Ile~lt lll*lielJel e dllllewe If 111,7t leeif tienee
13,11 leell
dllll~e el l~ll felll UIMI lJ~Jie4leW I 41ib~e e(
dlel~e el J4~)~ fell Ue~e lil*lleJ~el · dlel~e el llt.Jl
dieliCe el Ill. le lalll lieN/JillsineW e llell~t e( lll.le
leslie t dlllllle It l)l,fl lelll l/emil 14l')le~l*w
I f' 4~lsaale I~ 3~0~J lelll UI~e 1l~l'll'
t)4'lle41'l I 4111~4e e( It~11 leelf UIawe IIl*llell':
IlJe)lelJ'l I 4ilialie l( ]l~J4 lelll ~eMI
dleta~4 el IILJt leeel ~e ~3'1~I e Ilium e( t/.41
dlel~e el 131,11 le~ll lidere lll~4'lrl a/leU~e e(
leeIf lieell 131*~3'1~I I dillslie el Ill,el feel/
41,td~e el libel Ideal I~e 14~Jl*l~l'l dleU~ e(
plS'lle~J'l 6 distowel el Ill. ll (sell S~4~0 111~$'34'1
Illell Jtel I dillIdle el lidell 114t ISl~e lJl'Jleil*l
dllld~l el lll~i3 Ill11 I~e ~lellet~l I IllUMe el
Illetl liel e WleS~e el I~tt leel I~e*lt~ilell
dllll~e el IJell lilt liege IIl~ltJlel I dllla~s
loeb lielie II~tle~lel I dieteel el t~3& leell llee4e
111*~Ttllel I dllll~e el ll?,ll flail t~lte/ll*lJ'13'l
dllllHI I1 Jl,II [well JlQlII II~Jle41el · 41111~t
Itell lielie lll~le31el I dlllIHt II 111,1t Ilell IkI~e
·
· dillsa4s el 41.11 feeIf tieewe IlLellelSel · dietdixie ef
leell lle/4e IJ~elJeilel I illtiffS e[ llJ.lJ glttl tle~le
14lelle31'l e dtll1441 Q( 11,31 lestl tielie
dietslie e~ I1,11 leell tle~ce eli*21'lL'~ e dietlice e{ It,l] "
~ (sell 1lee4l 12JellsJill I dietaxis e( li. li
E31*31'11'1 I dtltl.e el 11.33 (sell Uee4e liJ'3JeJl': ·
dillills el tl,el feel( tlel4e liletl*ll*l I dietaKe e( II, It
Ill41 feesl liens I1~3*1~1 t dllS/~4 e4 lll,II
Illie Illell llJ~leiS~ I die)sale e( l~lJ feel) ~ke~le
dllla~e e( Jl.tl feltl tieMe IlleileJlel I d~lta, e l( 11.11
lllell"3l*W · dllle~e l( 11.11 feetl tl4me 13J'33eli'f
~tae el ee&4 lasSies II, lee IlleIlelI~V · lieSSHe
hillleeS lifeel l( ellislaid lelS~e 331 tke~e IIl'lrJl'v
1t3kll (e¢lle U¢ HIll I/l ¢ef~e ~lfM(I
"". :~,'1 :',:~;:'~I ::"'.'-:~, """"" '"""" """"
lair, e 41 feel f"eelllaleelF l,eellle~d
le fl~leeet e
lll*llell*l elee5 lie Plelll lice Ilileel fit I
lill.le fee~ le M lllielleitlel fill ~le fillell{ libel
11
Llie el Illle led Ill. IJll likelie 113'Ileit ele~ etl4
|;;}:/'; ".||'~:'-:'F.~:~ 'f ""* "" ~' ,,l . .l.......,
IIl'lt'll°l · lieladle te llil. ll leill leeate I$t~l*ll°l
lefetldltee deedlilt4 Illell el lieif lielie IIIeZIeIiel i
dielaMe e( Ill. IS 14411 ~llelee lll'li*ll'1 I dillsacs eC l)l.lZ
leell elllade Illellellel I dilltllie ef lll.ll feell lieale
133°13*31*1 · dieliMe el 14ills lieIf lielee 1II'li'31°l
Ilel164e el litoil leeIt Illills lll*]l'Jl*l · dlelld~e el lll.lZ
let{I Illell lll*llellel I llll~ltt el 11}.}1 leell lieeWe
dllte~e el Ill. e4 lefSl t~Me 13r)ieJiel I dill/ill
leei~ tlel4~ Illellellel I drilllie el ~l,II
41ele~e el tl. lt leell liege 111'13'11el I dllle~ie el 1~11
Ill*llellel I lllll~e el Ihll leell 11414l 141'~3e11'1 e
dliSi~e If Jll. II fell IleNe 111'1l'33*1 t llela~d
feel 4ell IIl*ll i~el I dlsSaa~e el ll3.JJ frill liege
,,,.~,.Y,., , .,.,.~.., ~,..,, ,.., ,.... ,,..,,,,-..
314'II*1~*1 · dieSsail el I1.31 leell lielie
CHI.III~ 111.33 ~lee. Nee 'el leee.
& pefle~ If lade ITt~ II leeleslie ll~lM 310
l~, ~ II ~le Celllee g~elre fleelice ~l~ lefe
14. X l ~lel4
leeif ll4~l ll4~lel~l I dllll~e el l~3}
4111e~e el II. J3 leell lieMe II}'31']3el I dllle~4 el
leetl lle~e 14~ellel I diesemil el l~.?J
lt~le ~41 Jl I~ .fillIll (~lllt fief Idle
feel lieNo lll~leJ~ I dielifO el ll.l~ feetl tli~e
113e]iellel I dieliMe el I~el leill lieMe II~41oICI
dlel~e el 1/JJ Idle ke 11,3*Jl*l I dlsuNe
leell lleMe 13l~le}~l I dieseMi el Ill. It 'leell
elrll*il'l i dld~ el 41UI lees ~ ~ h~l
Cetalal4 e. II HIll. ~e ~ ~iee. '
4
m li~iei~l · diode el LIL.il f--tl
diesel el I~le leesl u~e 13~3t'11'l I allege e{ Ill J1
dietsee el 3t.lg leell 184~e 131033't1'I
leetl elilade IlleIieILel I 4Jlia~e el 33.13
dillaide el 4i,3~ hill lidlie I~le31ei~l · 4titlade el 11,31
I }e dietlade el 4i,l) lee~l lieads IteetLeli' 0
dietslee el 11,40 ie411 liesde lZYl3*Alel 0
I'*:Z .,.,...., ,,.,, ,..,, ,....,
10 I I dieSsale e4 ZLI,li ledll ~elde I&letielJ* 0
eQeWeoe~QI~e4 ledSloe Zl tad lyl~ 141*lleZl*w · 4illdl4e el
Ill'll°lleW I dillsale el )~lt I¢¢1l
distal e( Ill.41 1¢41f ueme Nrtt*l¢'l
leeif tieme li~lel¢*l 6 dle~aHe
dill~e e~ 1l~3e Idtl ~Me N~4'JIel I dle~ 01 llJ,ll
1lldtleZl°l I dieSales el iil.lJ feels t/e~e lll'lt*ll't ·
dislike e(IJ,4) feet/tle~4 ltlei4'01~ · d/aSsets e( 31.tl
feeif tl4~e 13~*33*41'e I distalWe
mlleC3eJl'W · disease e( 31.11 ieell
leeIf tklet Ill*~JelieV I dietIllS et
dillslie el 11.33 feltl tle~e IlrZt*)4'l · 4titsafe
feell theme lllel}'lle~ I dietsads e( li.Ji feels thence
lllellellel · dislike el lll.13 leeIf liege 1;l'3l*J~'w ·
dieliCe el 7dell leeIf lielie II~J~°43*l · dllle~e e( Jl.ll
ellell IleQe It,lol~l I dieSames
IIlelteli*l I dgllo~e el lkll le~t lithe ll}'il*t4'g ·
dll~e II I~1 fMll ~MI Ilrll llel · diesel
leell IleQe Illellellel · dietsHe el
aislelaid ~I1~ II ~ lyl~ II~l*tl~ I dteta~e el 141.11
· dislike el I~tl leelt Illnee Ilrl~'llel ·
ltell~l el ll.ll leeIf iliael llleJl'44el 0 dialsHe If 14.11
feeIf liege IIl*llellel I/llll~lt
IlleJiell*l · drilllie el 10.1t ~4t tieode I}3*i3*ll*t e
dislike el l~l) leell ~Me l}l' °3~'g · 4lethe e( gJ4.ll
leeit Qte~e Illell°Jill I dill/male el Ill,It leetl Ikeele
lllell'll*l '0 41lla~e el l).li leell
feet; tilelee lllell,llel · dieSeines el $1.1J feels
IlleJJell*l I dieleeds el ll. II feeS; lietie 131ele,llol e
dleleeee el ll.ll {erie liedie Ill*llejlel I dilleels l( Jl.lJ
JesSe liege liltlee}Ill I Sittills l(
lest; tienee lllelteliee e dielineS e~ 114.3&
IlJ*)lel~l · diesels el II.ll lees to e~ I~tefseltlee et~ t~e
4tele~e el lilt.el lest Ilia tat Illtitles eelnee I&efeell
Illeil ~el e dieterie el 4~39 (else IseHe
tlelea4e el II.l) {sell tleate Illell'ilel
Ill*llelle4 e 41elieee el I11.11 leeSt lielee
dieleNs el II.lt leel 1leeds le~l'le'l
llle~lellel e dillslee el It,ll (e4~ lieges ~41*lle4l'v
Stelelee el tl. t4 leeSf lieeel Ill*J&*(lev e dieladle el lt.ii
dieliCe tI 13~.lk lee~l liege lJ~ll*lJ'a m dkmls~e el llJ.i3
leelt II
lee illell 3lel I dllti~e el ill. l} feetl tie~ee
JllellelJee · diesels el ll.4J feel;
Ilela~e e( 114,44 leeel ~e 144*4l*i&~
IJlelJel~*m I dillslee el I~Jl (ee~l
dietstie e( II. li leetl Lilies ITIelleI3*M & dE/is/de eg )J.ll
143*31siled · diessate el JJ.3) leetl t~elle 1ll*31*Zl'e ·
dlala~o e( ll~ll leetl I~ lJ~iel~l · dtel~s eZ &14.li
leeiF liege IJ~l)eJJe~ I dillIsis e(
,3 (elte t~,e I)~l}*l v s
dictate e( ll. ll (elll tieell 14Je}lel3qw ·
diaries el I?.1~ le4~l I~Me ll~)J*4l'l
leeZl tle~e li~&lelleW I distaste e( J~41 leeIf ~eeee
l&lelJeilel I diessHe el 1~3t lees;
dietsHe el It.el leell tle~e ~tl · dislikes el It. it feetl
I~e l13'tlel~W I/liM~e el 44,11 (~4l
leeif lieMe llrlJel~v I dlelo~e el iS,It
titliable l( 4JeJl lee~l liege efl°lt*J~ · dislike
leeif tee~e littleSleW · dislike el
dtel~e el Sleet f~te ~e II~lel~w,4 dleS~e el Ze~ll
leel IkQMO IlJeJleJlel I diet&Me el lleil
· dket~e el tL3~ leel tome ltrJleJ~ I dlet~e e4 IIMI
. 113'llelJel I dielaMe el IILll feell t~e Ilrlle~l~ ·
diesels el I~le leell tkeMe litliegeS
lee~l tl,le lli~lelJel I dllli~e
IlleJleliel I dllla~e el TieIf leetl tie~e 14XeiIoIIeW
ell*lJ*li*l I dielease et Ill~ll tests lieeel IIJ(*ll.lloI ·
dietalkie et Ill.el leeel liNeeel edd'lteJl*l e dlel~e el
dieresell well LI~ el leltl~ l) ~ Irl~ HrlJel4-1 ·
ell*lleJl*l · dietoNe el l}.iJ leetl INNs tll*lleJl*l ·
difle~e el tJ.ll/eesl ~e wil'l)'*l~l · dlit~e ~
{sell SceNe llfllelJ*l t dieliNe ee lll. ll leetl thee
esl'll*le*l · diesels el lie.el lewll ~e41 II--tl*ll'l
dle~mMe el 1).41 lets/I~Me ll~lJsil*l · dlml~e el ml.li
leetl liege IJJelleirl e dimliMe el Ikll leeif
Ill'Jle31'l I lilies l( Ik3l lees/ ~ae ll/*ll'drl ·
lelll tlee4e I1~1't[ I · 41eta~e el 3L1.31 leetl
I!lelieil'l I 4141a~e e~ 113.13 (sell ~eede Ill~let~l ·
illsere el li. II lees ~e II~iJe31'l I 41e~e ei IIU3
IIt*llell*l I elet~e e( 11.11 (eel Ik.e ll1*11'11'1
/leli~e el It. ll leers I~He 11l*12'~?el e diet/,e el le. II
10.~l II o4e lli*llsJrl 0 dillIdle el lll.3l leell
· lll'll'l~8 I dlet~e el ll.}e hell lieale
dlll0Ne el l~lJ leeIf llaNO lieeli*Jr( · dielame el
ele'ileiJ*l I dielime el l?,ll tee~ lidale al,ll'l~e
llteilellee · dielime el 43.44 /sell ~4lde Illell'lies
(well lidlie II,leJiel t dillmail el II.lt (sill liege
Illeilellel I lllla~e l( lll. ll/eel/ liege
I t t 111.14 leest
lit'ilsllew I dllt~e e~ libel twill ~e~e 13~4el4
· leetl lieel 11~}4e~el I/lee~ e( 13~11 leell
dlele~e el lfJI let/I~e lel'34*ll~ ·/llle~e el
leeel I~e Md~lse4~ I dlet~e el tl. ll lees/ liege
sel*.'.lel¢l · diesme el lel.4l leetl Me.eel*ilell*w
leeSt liens Sl~PI · dieswe el
tll.ll leeel I~e
elleilelleW · dll~ el 11~44 feel/~eme 13~llet4"l
diesel el l~ll t,tl ~e 13~41'1~ · dieTme el
dilia~e el 4fell/e~t/I~me ll~3l :ill · diet/me et
1.10
I~AO T~ AA~ iccefdL~J te Ue Fist tkefee~.
~v~lepee~t ~cect-A ~ ~ lestmelt litIt
keyes1 m cadtam el 3ll?.?J femtl tamAct Smitewrit atoms said
centfiX I~Je e{ IXe33*Xle a arc d/lt/~e e{ 104.32 feet to taw
· ~X~ ~ l~%mX~ e~ m iCetitter
t~emce ZelfJm~ amid veerlEtT It~kt
mild curve lea mi~33'31ew a deltaaCe
a~?'il'SXeV I dietsace e~ iT.IS ~eetl Lidace Mi3'33*XI'w
driLlmew e( td.?l feetl tieace MIXo13*I3eM
· , flits trammel liZwJ/w43eV I diallace oK 17.44
lit*St'idol m deltaice el it. hi (emil tawace
destulle eC il,13 leetl Lielee MIleel'lOoM a 4tltmace t~ 32.46
dillmaCe el 22. ae feet/tacit, MI$odXe44*M I distance eZ Zi.i~
C~pec/ttvep ~ ltllt of V4~l
distance e~ 2~11 festl tieace Ill'SO'iTeM a distance e~ X5.20
gifts t~lece g13e~OeJleM I distance
. IIXe44*32ei dAmtaKe e~ XJ,XI fwetf
· · eg iS.IX goats thwart 174'tJwldei I disC/Ace ei X$.ll ~eet to
Nlt'OIsed'M m dietsace e~ ?.40 feels
deltamad e{ XIAI feats thence MiAe~X*O2eM
M~O*X3eJieM I dilemmas e{ hie4?
iLllanCe ei 24,it flits thence lirtS'Jl'V
/emil tkimel M2Se31e2?eM I dietdace
aJl*O4wSieM a deltAICe eK XX,IB flier ~blmce g3Xe~4*31"d
' deltaaCe e~ at.it fwetl thence MZ?*~J'Ji'W 4 distance of 3t.el
Swell tiefide 124*41*i3*W m discinca oJ,2i.fl towel fleeCe
· deltaace eJ 20.44 {emil tieace
felts gleeel MXIe31e%XeS 4 diStiAra O{ 32.42 {lets tiesca
lZJsJte3(eS I deltaace e( 2S.I1 teats thence
distaste e{ I.?l feeif thisCa IZie42e45*g I demesnes e{ X4.13
feet/ ~e~e 141*3S*35'S m disuse
xO%e31e34'g film ~ elmtee l{ ~e ;Jfcle l( laid ~ffel ~lncl
curve; tireSKi I flntfl~ IS/hi
32.12 feat to I ,Ja~laJ4 ,tat bearing iZie2~e33'd (fob the
· m I e
leatel el ~le ILllie el weld elfyeS themes heaven eli letth
tract ~elmdAf lad the lC~ l{ lied Carve,
diStanCe e{ XT, I? flits thence l~3 Z3'Oled I distance el 2(.23
· game/ themes I4leXIw2IeM I dietlAce eg 3X.43
vtth ~e aimcoward locu tract bo~a/~ oF DQveXopm(~t TEIct-A
radius e{ iCe.gO geetw wild peter basel ni3'OtsOi'e
CentIf O~ tam ctfcXe eK laid cefvel thl~ce JOlthlf~ alonl maid
Kofth tf4C~ ~aCy 4~ ~e aC~ et m,td curve, th[ov1~
· ;
· dLeS4see eg 48.$8 fleet themes IeLe34'ZdeW a iLlreact eg 3Z.I&
leltl~ LI e~ iy$~ II~dL'II*: 4 alLotis eC 41~,lt feet ire,
/&lilies e( td,Jl eletl tieIce III*ILe~IeV
lll*l~etlel · dilLsIce ee IL.}I feetf tittle
illtide e( 3ll, t7 lee~l tI~Me ll~4'Lleg
' leetl Shells t~lellel&el I 4Ell4149 el ZI~Z? leetl
' 1/~°4le¢lsl I d/leSsee e{ 11.13 leeif tl¢He ll$'Jl'31'V
4tlt$~e e{ SELL] Eed~l ~e 141*llsl~ i dLe~a~e e( ZZl.44
"""'"" ' '"""'"
Ie disease e{ ~31,49 tettl ~emee ILI'IIe~I'V
, 1llelleilel I ILltile1 l( iS.31 Cecil ~l&4e l}deileJleV
e~ el.de fel~I I
· 131~lsi~g e dis~l eg 4~94 (e4~ ~ ~
· dilta~e el 13.13 (siLl ~qe~ 131'lle[le~
· fieIf LIege lileiJeJlei · dtet~e el ~lZ,41 feetl
lerlJoe~oE a dietsMe el 44,41 leeIf
131034043ed · dtlll~e e( 41.14 lie21
dietsale el ll,lt leeif lieMe Illoil 4lee · dialssee el 3t.lt
hell liege lllqteJJeV · dieSels el 14./3 flail
' Illeilediel I dillsHe e( 11,iS feet
dillme el IlJl INS ~ lelqt.l~'t 0 dte~e eg
diesel el It,ll (Nil ~e 1~41*lS~
liltsale e( It.31 tell( tl~Me 111'33*/105
Ceetet~is~ 141,15 Melee eefe ee Isle,
I
confine ato~ hid N¢C~ trac~ ~u~ac7 N15*~'13'~ a
~l.Silmst to a ,~at, sm~d petat b4icm S2)'~I'~X'W from the '
cea~ef eC ~e c/tcXe et sill novel ~4~e, Xeavt~ me~d ~ottA
tract line sM Ue ~c el nazi acre, tu Ilt~l'37'l distance
4LiSaace eg XZ.II flltl thence llleg?e43'i a dtst&ace ef iX.J2
teet~ tieace leesiT'SOre · diet/ace oK X?.i2 reftl thence
deltaace eg ~I-XI flits ithaca 13L*X3*SI*g a d~ltasce o~ ZO.O6 :.
I?X°4~°O?eg a distance et Zl,OS. ~eetf thence SiO*OJ'23*g a
distance of XI,1O flltl thence IIXeI0*e3°S I distance of 24.0S ;
1
47'~4 3J:g a L tense of 2S,~4 feats thence 13}'OO'3O'g a
dillsaCes of 4 -~ gates tletce I~le3i 4leg a distance 33.?}
flits ethelCa lleeOJ'~'J I aLliaNCE e~ 27.lZ ~lecl thence
104°4l 30'g a distance ef 30,Q2 feats tke~e IOe*XIeJI'V m ;
d/legate e~ 31.01 flits tiesca JTleJi°LS°g a dLltamCe e~ ST.iS
distance eC 2Q,28 Cacti tillCa l)4'2t'll'~ m distance Qt 34.51
ll4007'2S*M 4 distance ee I$.Xl ~eetf thence N18*43'380~ a '
said petal be/if on gas arc e{ i ~fcaZaf re/re concave to
loC~eal~ ~vA~ I fadLea e{ XII6.Ol lilt ~ ~lCl
tree the Center eg tie effete e~ said ~cvel tae~,
a~oa~ eat4 ~c~ecZf ~aL eg ka CAne a~ ~e ate eE sat~
tatsaSh s cantfeZ aale et e~'4:'~3' aa ate distance et
teeg te the Feint e7 tanSencyf thence S75'40'43'C aLoa~. sand
northerly Might eZ ~a~ ~tne a d/iSaac, ot taA.?Y feet to
Znc., tLfM~ eg Ha :k c e
Noteheft gtfhL e( ray LAne e{ State ~ed Nee taX-I, a dtltl~ce
g~egtfLS COtpefattVe~ Zal,f g&lht e~ Vi~i thence continue
375'41'4)*~ ate~ laid Pefthef~ ~xint eg Va~ LL~e o( ILatQ &end
allan Of dl~ LAne me IRate ~ad Me, IS~ a~ ~e act e~ said ~cye
thence Xer~efZy aA~ aatd H, otErLF a~g~ et ~1~ ~tne ~ arc oC
d/stanCe el ll4.t? teen te ~e tetn~ el l,lt~t~.
Aforesaid Oevelopmeat Tract-At th&t pOtC~o~ beL~ more
pacLtcu~acAy dIICELD(d as tOllevil
CQaIe~Ce It ~1 t~tIgIECtLOI eE ~e ~E~ triCE ~U~aC~ eE said .e
~lAt fiVeeel 5f the~e fva IQ2e39*35 V a~o~ I&Ld ~esCerly ~LIAt
of Ltnea dtstaace oE 2EI,Ot Eeetl thence Continue alon~ omL4
deltec~y AL1n~ eE ally Lane NI~*3~'2X'~ a deltanee o{ 4Q.O0 teec
to tar petAC OC ~fvlCere o( a CtECUIaC ~gve cQncaYe tl the
havLnq a CadtMI oE 3117,71 (cet/ thenCe Sorthetty atoeq sand
{~ N~*23'3t*U , dLs~aece o( 4.50 ftetl theace NSI'QI'SL'~
etataRes eC 11.12 feetl thence RI2,25'~4'~ a iLltaRts e[
feats tasKCo lltole'$OeV s d~staece of 3).46 lee~l tWINge
[sets thence llSe4~'44*W. a dLatlnce of ~i.64 flail tawace
II)'S0*S2'M a iLltaste e( Z1.11 fists thence llX'44'32'~
iLltinge e( ~3.t6 frill thence 111'35'05sV i riLltinge e( ZS.I~
alLstAnce el 444,91 East te t~e IIELBIEX~ tL1ht It VaT CLan
State bid 14, JS~-lf ~l~l iXo~ I&Ld ~Ctbet~ Alibi ot
lit& L/Re 1l ~1 ~d C~nt g~ectft{ Coop4fltLve, IAC., l~ht e(
Vl~l ~keKl 102'21'31'& I d~ltlRfe eg ill. Z2 flit tO the legAL
lef tAngAS. '
. . X~O
A petcs~ e~ h~ ~TLH la a~o:esaL4 0Cvg~R~ ~-&,
COLGX~i'i~O TMCT AAt, aCCOrdgAS tO the pZit thefeet, as
fetetried tn p~lt INk 1, teens 46 I~ 47 of the hbXlc liceode
CoXlest CosarT, FlogLea, bells sots particularly described
Os~e~epeent TcaCt-k ~ ~e Vestsfly ixf~t e( day LLne e( StaLe
Peter Member S, the~s/us 10~1031'M lXe~ said eeste/XT
el G~,me I dtstlnce eC 2tl.9l level thence caRLLive IXea~ la~d
westec~y ~lht et May Llae ll~3Q*I~'V I dts~a~e ~t 40.eO tee~
to ~e ,LA% e{ ac~stute of m ctccu~ac cscvt cleave to ~e w, st
haygel s fudges et 3117.1l tents tAInts leetlecty tXOH e&td
Sells l~eei~ Zing flea ~le In&tit e~ the ILlIll el Slid luCYel
talece i~ eel4 ~el~y ~lkt el way CAge el It/El
laX-l, fua ~S'41'43~ · d~st/~e el 120,~1 feet ~ ~e ~Zn or
ltClXml~ el m kettlesleaf descCtVed pacce~ el ~M MLd
I~efAf ~lit lg lay ~le el l~tl hid Ik JSXl 115041043~ a
ellTInge I~ 212.49 f11% tO I Hilt l( elfwlt~/I e( a CLtCuXiC
calve Concave tie loftblall boyle/d foetus el Zlll.el [earl
~e lie el oa~ af~e ~fe~k I Illtfa~ e~l IC elefl*)l- m arc
iterate el 1Z~II feet to a NLa% NacL~ S2~Zl*l~'M free
center oR Ue cLfcie et laid a,ef UeKe Zeavt~ said
gtfbt el lay glee aM tle ace of said HIve fun 120'tJ'31'U a
diode of 41.21 fleet .~4~e I1$*XS'el°l a i:s~e eg ~3?.Ol
teats thence 114'~J'4(og a 4tsgince et lZ.e4 tests thence
S1$e2SeISoI I alLState Of Z3X. ll level fierce II?e~leXleg a
diStanCe e{ 11.12 flail thence ll3'~l'~leg a dtltaace eg 20.24
toot to t~e aforesat/seatsfly CLue e[ Lee Count7 tracttic
C~llttvee tnC-, ~l~t Og MaWr ~tnCl IOr2t'3t'C a d/stance
S?.e2 feel tO the hLa& e[ BelLMAn.
Ce~geLtl~ 0.4~ scion, ante ef lees.
J~IT [J,
dillsale et el.X4 (earl tieHe IL)*2I*)I*~ · dietaMe of 4i.13
· feeif ~e~e 144'31*3~1 I dislike eK ll,l( le~ll theses
IIl'lleJt*l · d/liars e( 31.10 refill ~484t lii*lisli'g
dietisle el II. ll leetl ~4a~e IlleIl*4~*l a dillsKi ei 3l.l~
ltlll tle~e 114~leelel I dietlade el il.14 lee~l
11S*ll*llel · elites el IT.is h41/ ~eeee ll}'liell'l
dietsHe el t4.1l leetl ~eMo Illqlellel 0 dislike el il.ti
/sell 14~lel~l I 4ll~ el 33.te teeif ~ ~ie13'il'l 0
diet/Me el IS.It leel~ tillel II.~Zl'3t*l I dtll/~e e{ le,ll
flail tielee I11'1l S3*1 I d~etlael el 41.34 leeif
I,~3leJLev , dielaMe ef Ill.iS refill ti4~e ll~3i*II*~ a
illtiMe el lt,ed Iletl ~4lee IlJe)l*elel I dLdta~e el 14.?4
refill tie~e Ilt~l°il~ I dislike e( ZI~ll {001f
144elle41*l I d/liana e~ ?J.II leeel themes I~JeI]ell*v a
dietlife et II.ll refill ~e~e 81~3e37*1 I dt/t/~t e~ lZ.It
~e~tf liege IILoeleIJeW I dislike e~ JILTS feetf tiesco
dtst~4 e~ 14L40 leetf ~q l$~4~*14'1 I dllt~e e~
dlat~ el 2~S le~tl ~ ml~4*l~ 8 dte~e el teLls
leetl these lX~l°ilel · diet/Me el 31.}S fe~tl theses
Ilrllellel 8 dillam el I~ll feetl tke~e 13~ll*ll'w
feeIf liege 131~903~10 dietsHe e~ 4~Jl flail theeca
d/liege e( 11.36 hell tielee IllsSeedier a dllla~e el 41.11
leleJl*llel I dllla~e If }}.ll feeif thelee Ili'ileJl'l 0
· diet,He el tl.~} feeel ekelee IJIell°liel I dietsale el II.ll
dillsHe e~ II.l) (sell tillel ItJ'41*tl'l · dillsmew e{ (l.ll
leeIf liege 141*13*)?ei I dietSale e( l~}l ~eell
litells)ill · dlltl~e ef lle.?~ leeif lielie m13'll*l$*l 0
fe LI else ee I1~ Ill lels~e el I11.11 feell
::: "'·,..,, .,.. ,,,.,,.,,-..
t lJrIlellel a dislike el Z3T.31
IllelleJl'I I dieladle el II. II hell thINe ll3'i?'Je*l
dillsMe s( l~ll Cecil IMe 111~l~4f~ a dti,~e el
lll*lleJlel I dillsHe. el II.J) feel tleale
I 9e~e II~le~rl I disliKe
dillWe el II .el feeif
Illlikelier I dietsfile el 431,31 leell t}e~ee IILeIIeI?ew
dietsale l( 11.4l feeIf lie/is II~IIeJIeV I d~eta,ee el 11.31
PIleIIeJIoM I dlele~fe el 111.0S Cecil tiemce
t
· d titeta&so of 3~T1-$1 refill tk41{s lea,iraI ella ttlkt e£ lay
Illll tll~e 114elleaJel I dilllade el 14.14 Illif tielie
IlJellellel I dillsHe el It,iS lilts ~4~4 lllelJele*l
diltl~e el If, It lett~ Ike~e IlleJleJlel I disteNd el 14,tl
iLlfills el ll. tl leeif lieill llJ"Jlei~d I dietidal el II.t4
llleJleilel I digits el ll,It feels tielie IJ?ell~ll*V
diesel e( IJ, ll feelS Items IJleiJelJel · diatoms el 31.1l
leeif tielie 133*3ielJe: I i/elite l( If,i/ flits
distant el l~lJ feelS I1 P e
dlOS~ee el 3],ll feet tiesde Ill'llole*l
JiltruNe el ll,tl (sell lilies IJielle~lel 4 dictate el IS.iS
flail talkie liJeZleilel I dtsl/.e el tl.ll leetl tke~ee
dillsMe el Jl.13 lieit Sleds Illeli*illS e dietslie el
flail lae~e 14lqieJ,l I diaries el II.tt leeif t~e~e
lll'tlea~*l I diets/el el I~V. tI lease liens lll*ltell'l
dillJill If 43l, 31 (earl l/sHe IJi*iJe13* a
Jle2J'aJeM I dtlt,Q(e e( ill.iS Eestl tkl~e IlO*ll'J?*~ a
LIt&ads el 13,35 leeLJ LlemEe II$*ll*Jlel I dLstaaCe el it.11
leeIf t&e~ie IlJeJleJIeZ I 4tStlAle ef It.I} fleet!
· IlJellell'l · dietslie ef ilf,II (sell tkeete lliellel3'v ·
dillslie e( IJ, ll feetl tli~e II~lJeiJ'~ · dlet~e e( lll,tl
leet~ tke~e IIPII'4leC · distance of It,It feett
4 tle~e
leeel t&emee 144eil'llel · dietlees el li4,31 feell
dllle~e el Ill.lt leeIf tidal l1344ieileg I dislike el
IllelleJiel I dltllllt el IJeJ} /eell lielie Illeil'll*i ·
dietide el 11~1l leltl Be~e ll~21ellel · dtltl~l el
llleileliel J dilllilt el Jl.lt Iletl IIiKI 11}"41eil*w B
leeIf thine lJl~tleJteg i dJltllll If $l.ll /lell
t~l~e IlJelltJlel e dillliCe el llt.ll
feels 11414e Illell'JIll I dills/is el ill.l} leeIf
Pll*lleJlel I dillJell el IJ.ll leeit liege Ilt'lJslice l
dlltl~l el ll. I1 leell Illlie IJJelJelJel I dillliCe el ll.4l
leell liege lJJelleliel I dierifle el Ill.iS fell/ tiedie
lltellelJel I dilllOll el ll.ll lelil tieMe lll'llellel
~ laid leltiifZ~ l/fit eJ lit ~XII I dtlll~e e[ ltl.il leeIf
dillills eC liele flell tillel IlleJ~lJel I drillell el I$.1}
IllIf Iliael llleJleJlel I dl/llMl el llt.ll leell
el J441.15 f~et le U4 MIll J/4 (e(~l el lie/scald lectle~
t~e ll!*~S'i3'i ll~ ~4 ~IU it~ el said l~tt~
~at CellIll ~/leJ el'Ja~, lyl~ 1~ ~ kl~ ~cl el aislesaid
daslfl~4 parcel e~ 14~/~iKI c,tlHe Ill*$leirZ
eg l$1.ll lee& te lie Intellectlee ~lt& tke Weltlily
feeit I&emle IllstO*lle'lt · dieled, Is el fJ,,l~ feels I&emi, e
IIlelleifeW · fieldlie el is. st lees/ eliIsle lie*'$teJl*w ·
II,le~de el II, lll titadd IJSel$'lJ°l · dietrode e( Io41
Ikle4e llle3e'JJel · dietdelL ·f 4J.111 tkeetI Ill-eL,JIlt i
llleitelleW I ellWield el 81,44 (fell tlelee llJeJJe3~*w e,
dlele,e el Jd.14 leeIf Ilem~e lliellell'W · dllta~e el lhel
drillere ef 49.94 feet tem ~ll~ e( llte(seetlel will lie
e~ beetill/~lall% 1~36e34~ · dictate eg 333W6 feet teem
lie eeltel If lie elllie e~/lid eeltel tle~e leftleeetetly,
eleq t}e eft el weld WITwe II(~ I eeltill ~le el II'IT*I3'
C~t~41q lleJ4 wiles, Nee el Jewel ·
disease e{ 13.11 flail tke~e lil*l$.4$e~ · dietmrs eC 114.li
,.,,,
dietllCe e( 3}.65 (self thence lliellsSleM I dietlice eg l).ll
(sell tke~fe l)leJl'l~*t a d~ltllfe ef 31.It
lilelle}l*~ 6 dislike eC $e.li ~letl til~e li2*zzet&-~
dietepee eC 41.34 felt/theflee 123031*ilel & distiQ4e e{
dleti~e e( II.lt (ef~ te eke ~1~ ~ ICCl~Z~ eC
lead bqteilaftel deetfibedl tleate Iil*$eeeJew a dietdace e~
31.11 geetl thine 41~3'16~ I llsta~e eg li. I1 fletl tae~e
dietoils el t1.11 {eell lieale I}ielleldel I dilta~e eg
131*11*33*w I dllll,le ef tO. it feet~ Ile~e I11'42'3S'~ e
dilldill el ll.lJ leell lielie Illelie ilk I dll(**Ce e{ II.JJ
mJielLeJlel 6 dllle~e ef ~3. il feel Ileede lJlelSe31-~ I
dLe ~de el l~el leell lielie 131'lleJi': ~ illsidle ei It.ll
It3 3letliB · dlstiKCe ef 13.$l eeltf tieice
dLItinie of II.$t feetl eketee II1*S1'1l'~ · dlstioce ee 41.II
CeatltatM 3.33 Illlie lees el lees.
iZYTL~fmf~rf ~
Geeseeel el the ~etefZlme I~CefeectZea ef ~wrtZa~d CeQrt ~d
ItSto ~d I~ 93 I dislike e~ Ill.it (emil ~4Ke I)aeitsiteZ
dhtl~e e{ It~ll lees te ~4 kf~eCly ALTar e{ ee~ Lt~e el
lilts ~ ~, IX, I~ ~ Fellt e( (livetile e( I ciliaJar curve
Illell tlel I diet/lee e( 1.16 feeif tielee lieelle
4
drilllie e( 41.11 flail themes llieileiTeZ 8 dietmace ef 43.31
feetl tb4eee 1~lelisJte~ I dZlte~as eK 47.11 fletl thenis
Itie~leJie~ I d~ltllil e{ &l.44 feeif tieaCe li0'~3*45'~
feetl tle~4l llteilelieg I dilL/Ice 1~ il.l] Cacti thence
diStinCt l{ It.4~ {earl tkltce a$1e~lelleg I distance e{
fieIf tlee(e l?(*dXeileg I distance e{ Is.it fietl theROe
distaste e( I1.11 feetl tieace II$'ll*ileg a dietsace If It.Te
(Self thelee Iilei?e3(*~ I distance et let.el feetl thence
IlieltelleZ · dillsIce ~C Sd.S) flail lilacs 1S1'$1'4~*t
dillSiCe el It.$1 (~etl tieice I$l*l~'J3el I dtete~cs Q(
dtltel(e ee il,6S feetf tiesee 171eiJ'Jl*g J distance ef
feetl tkee4e 111*$2't1'Z · dietsAce e~ t43.14 fettl t~eeCe
.,,.,..,.-.: ,,.,, ,..,, .... ,...,,.,,.,.
leell lionel l14'11*44ei I dietsace ef Ill. IS /sell
dletla(e el 41,6t feetl t~en(e llle}t*lieg I dtlten{e e( 11.13
teetf liemrS llle3leile~ I dietsace el JT.ll feeIf
dilllilt el IZ. J lelll lilies 111*41*43'i i dillslie e( it.iS
· Smell ll4lil IlteJJeJJeZ I ~Zltlle4 el lJ.14 leeEl Ibexes
dlltl~e l( lJl,ll leeif tk4~t 13rlleldeg · diorite el el.J}
liltlife el l],Jl (emil thesis Illellell"l I dilllife el
ltl'ltmllel I dietlilt el 11elJ leell lke~e ltl'lt'Jl'V
dillSlie If 14,31 fieif tklll~ liJeiJellee · dieteKe el
llJeileJJ'i e dietide eJ 4JeJ3 leetl tke~e llJeJZeil'v
dilleRie l( Jl,l} (lell tielie 133'13'11'V · distance el 53.33
(mill lilies IJJelJeJJel I dilllife el IS.l? leetl t~e~Ce
4ilLsale IJ 4S.lj fletl thence ITIeJI'I}'V a distance
EXIa!B
IAJI/llf,9
eteq ,14 seatsf lime e( Irate ~N I~ el , dltla~e e(
leetl themes I}del?edieW · dilliNs ee Je. II lest le tie
dielimit e~ 41.ll leetl thieve Iltell'll*~ I distaste t~ 43.1}
IllolleJTel I dillsate el'Sl,l~ feeIf liege ISle~el~
feetf tielie II4~4aJIeW I dlltl~e et JlJl leetl thence
Cecil tieaCe I1~'~1*33*W I dlstaece e( SC.2I (eft/ theece
II~e~lelleW '6 d~ltlKe If II.II Cecil tieKs l~)*)l*ll'M
dgltlKe l( $1.11 fieIf tieice ~ITe]~eIleV I distaste el 4].tl
(left tieell l13e23e31e~ I dlltl~e e( !l.ll feetl
14~tl~edlew I dillliCe l~ IJ.3l fieif tbl~e 141e~ieJS'i
dietmile e( ll.)i leetf Illlie 1llelleJJeW I dietmace e(
feetf thefile l}3*tdeJ3eV I dietmete e( II,$l (sell
dietselm e( IS,S} feetf tleate 131*11'~101 a dietaRts el
Iletl Ile~e II]*)ledVeg I dillleas e( 4J,ll fwetl
l))*ll*)l*i · dillsaWe ef ll,2i feeIf ticks It)'il*)l*g
dieterie e( I1.11 feetf theede IlJellslleg 6 disSeNts of
llleiJel3*l i dillisle el 111.31' leeSl tbe~e 14lelieil*~
flail Illlll 14lell'lteG I diewiNce e( 13.11 feeat
· l)leJlellel I dlllllll el il,l~ leeIt tiemrs 14)'31*14'~
dill/lie If 13.3J leeit tielie i~le~leJZel I diemiles If 1t.11
feeIf tieRim I~leiJeJlel I dietIlls e( 43,11 (well tieACe
· llleXlelZel a liltSeel el 31.tl (earl tiesco I[l')leJiev
dietsall el Ihll feetl fleece 13ZeII*IaeW i dlltiQce e(
dillIlia el SX,$I hell thetie IllwZ~sll*l I dLmtlmce el
(lilt lielie 'Ilia)ToSSeS I dll3am~l 2( ?~&l (loll t~elCl
llleliellel m dillsHe e( Jl.13 feell themes I)XwSIeIJ'E
dillSAll el 11.41 lettl tkl~e 133'Ii'31'1 a distaste el II.IL
(letl ~lemWl tilellellel a diltllll el 111.33 (eetl t~emce
dietJill e( TleSt feetl thelie IlJe13*~eg A dilllace el ?J.ll
fietl liesWe lll*33'Jlel I dietslee el 11.31 /emil t~emce
Illetlellel I dillIlls el lJ. ll (emil tiewee lllell'J~eg
dietitle el I1,11 (eetl t~llle IZ}e3)ellel I dietisle e( tl,el
flirt t~elWe IIle13e26eg I dietlets el lieeL [emil
Ille3ielieV
4
· leetl tietee lil,llelleW · dietlaCe eg il.}I geese thence
hit'il'ti'l · dialsaCe e{ iS.S3 {self theIce Ifil'll'll'v s
Ideal Ibe~le 141-ll. Jlev · 4Getlace el S1.S3 (sell t~emCe
disPlaCe el }4,Jt ~IS~I lll*~}elie~ · dlele~e e~ )1,11
~letl ~Aeace le~eX~,ilei i dLl~llce eg 11.31 feetl t~eace
~ee~l theale 14&etT*33*V I diessacs e( 41.11 ~elt/ tieace
dillslie el II,lJ leell leslie lllellelled · dillemil el 11.13
,,,',,'-', · ,,.,.M.., ,,.,. ,..,, ,,---.
diets 4e el I},li leeIf thenel 133eil'liee I iLltiRes el 1t.41
lest ~ tieale 1llellsilel I 4letSall el 3l.i3 leetl tiesel
Ill* Jellel I 4islelie el iil.lJ fill; tietee II/e43 Jl*W
dlltlqle el 4l.dl Ideal tieale I11037'31'~ e dielibel e~ 41.li
leetl ~ theede lll*lle)~el I dietIllS el It. S4 leeIf tiedie
dillsale el II,lJ flail tielie lllelJ*Jlel I dilti~ie e( lJ.lJ
feetl tielie · llJeliel}el I distance el )l.el leeif tieale
dietsale el 43.S6 leeIf lieads 131*11'31'l I d/steele el Sl.14
Nilelie]lee a dietslie e~ 14.13 leetf thence ldleIleel*~
dietsaCe e~ T7.)3 feetl title1 14~e) l'l~eV a d/lilacs el i1.14
feel; tbe~le Illellei3eW I dletal(e el 13.t4 feet/ tieKs
a 4'e~*li' a dietsace el 1.41 lestl tiers IL~3103)
dietdale el II.ll fletl theNCe III'iI'ileM a dillsaCe el II. lf
leeif tieale ltle)telSel I dietsHe el 13.1l geetl tieace
ll)eJ~ell°l I dietide e~ IZ.lJ leeif theme lileitellel
~o m g I I · te ~e lest
dietsale el 3T,%l leest sal~e lllellellel · dillsale el 41.iS
leell Shells l~*9JeJlel I dislike el }~,ll leetl
lliell°llel I diesels e{ 3l. li Ideal tilled IIIe%IeILel
dialslee el It. It hell lieNS Illellell'l · dleS.~e el 31.ll
leeIf tieale I)ee31eliel · dllll~e el Jl.3l leell
liiwJl'31*l I dllll~e el 44, li leeif theme lld~lel3'V a
dictate of 33. lJ feetl theme le3e44'}~l a 4ieta~e eg l~l
dietsMe el 331.09 le,~ ~EMe li~lelle8 I dAIS~E el 40.03
Jleil leeel
IIleJleJlel I diesels el 41.sI feet; tieIce Ill"Zlellwl m
distaste el 41.1J lee%l tieMe II&eJl°liel m dietsac; e{
1~l'tl*31el & dll~a~o eg 13.$) feetl ~4~e l%&'~3*J~'l
tag.f, ILlClIFf tOm ·
IgACl UMTT fliTgrill ecCefdtet te the p~mS thefee£ plat e{ XXICO am recorded
Cattier Celery, fiefida, all pitt eC abe pitt eC SAtCO ff.A~:i gRiT
A, Palel if-A IliCelell XI'A ·[ the lwlellC laceida el CeLtLeg
Ceq~ty, Fief Ida, hill IllWe emetiCWaif IT dimeglad el (erie,eel
JtCZl at the leftllelll elflit eg 14cilia lie l'lvnlblp SZ JestS,
IIHI 16 glare Csiilwef ClvltT# fiefidle lit4 fitelf I~elAl el the
· liltmitT pill baildefy e[ limitmaid Nilel leech lint% liltemil
· · fleael lie limat laid guILtily pill lieladleT ll$*21*4)°g e
dilLante e( Iti.li feeIf ticlie leaflet laid lasteel/plat
Hewbilly Ill*liell°W I dilLante el ill.il Elms to am IetefleCtilm
Illelicited e dietmale el 4ti. I) feeif tawate WiT'il'li°g
drilllee l( IIJ.lt (mail Ilke~e .i)·X:'ll*l e dietsace eC )l.tl
leel! mikeale lilei)'ll*l I dtete~ce el ll.ll feet!
lll'14'iteg a dietella el tl.i$ (,m,tt tileace lilelleit°t ·
i l'l e dietsACe l( 34,$t
dilLemit mE ZI,$ Illtf SIlenCe I)J°lj
eetll theewe I})*lteiTel e dilLlaCe l( lli.tl (letl teeale
dtlteMI I(tt?.l) feeif thence I11'1t'41°11 I disreact e(
felt! lieall 1lleli*)lel a dillemit l( tl. II (tell
Iltellellel m diltel(e e( 37.II (emil itsace lll*Jl*ll'w
dillsace e( 33,11 geeif thence M?IeIIeIleM · dillsaCe e( 3J.li
feeif tamale ll)*lielleM I dietlace l( 31.)t (emil
Ille41'l}*l · dietsace el 3T. IZ feltf lilmll llleilel?TM a
dilllame of 31.1l feeif themes II}eiLoIIeM I dietsace eg
flail . lienel liJe]Te~ea I dietslee eg }Jell feetl thence
IJieliellel I dillonce el 31. S4 geeif tienil lli'lleJl*W a
feel ae aa la;eflecttm wt~ ~e lestamity allit et vet Line e(
lllte ~e4 Me. I3-i lilt0 wide atlas it Marl am limit
fetlevtm~ gemfeel atenl moil lentbefiT Itlbt e( MeT Lime,
I J~3*43 I ·
4 dllti~e el ll~li feet ts , ,tie e( ~fvatm~l
t lifesill ~lvee e~lee le ~ lle~ellt ~ klth IfNtel e(
311,3i emil lie I I tbe · I/i see dietsace eC ~ll.tt
feel ~ ~e Hla~ el le~e~f ~b4~4 IIr31'llei a dictate
I
ZInc el leeSten II ~ r
Emma, telJill Clamlye fillJdll Ilemle llJele*li*: iXe~ amid
' leelilly ptal lee~ely a~ meetlea line a 4tet,~ce el
EXHIBIT C
I~l*Jtell'v a distance el tel.IS IslEt tileca Ill')!'l?':
Plle&lell's I diseases el SO.IS list/ Ekenee lil'44'91'v
eLiteAce el Jd.ll t0018 tlel4e 131'$~'03*v 0 distends e( 41.el
EasEl tke~e It?slEepier S dietepee eJ lJ3.Sl EasEl
lil*4J'Jl*l e dislike el 41.31 feetl lilacs Illeli'It'[
dialstee el 11.34 fatal lieNco 133*llelTet e dietsnit e( I).IL
leeLI IIIMe IlielJe134g I dle~eade e{ Jl.3l fe.~l
13~33'3l'l I dietide ef (~.]l Celt/ ti,~ie l)~IT'liev
featl tbe~e lJ4*lt'~lel I dtlta~4. OE IZ.}~ feat.
llte33e31*l I distaMe el lJ.I1 feetf Ekeace fJ)ellelT'l
diStanCe 1( 11.43 (sill tillca 141'~leJ3ol I distance e( It.to
lilel&e]loE a dtlte~e e( S).ll flail tie~ce ,S~'~e'tl'E
fee~l tillEl 144'I}'2~eE e dilltill IE ]1.12 feeif
431 I dictate e{ 3$t.13 feel le ~
uefeelf
Ce~llll~ J}.14 ecles, ,ce of Z4lee
I
LEGXL DE~CRIPTIO~
~ ~accel o~ land, ~6'.00 ~ee~ In vi~th, lying in ~RCO 3EICH
3IXTE~H, according to the plat thereo~ aa recorded Ln Pla~ Book
6, Pagee 112 ~h~ough 118, ~nclus~ve o~ the Public Reco~d~ o[
Collier Coun~ Florida and ~aCO BEACH ~lT ~NTY, according
to the pla~ ~her~o~ as ~ecorded Ln Plat Boo~ G-~, pa~e~
through 18-~ o~ the FublLc Records oE Coll~e~ County, Florida and
l~Lng ~3.00 ~eet each side o~, a~ ~ea~ured ~adLall~ and
perpsnd~cUla~l~ ~0 ~h¢ ~ollo~ng ~esc~bed cen~e~l~ne:
Commence at the cen~erline intersection o~ ~ate Road No. g2 and
State Road 92-I as shorn on said pla~ oi Hacco Beach Unit
Tven~y~ thence along. said cen~ecline oC Sta~e Road Ho. 92 (a
200' R/H), run 387"41'00"H a distance o~ g83.0~ [ee~: thence
leaving said cenCe~line, run ~02'19'00"E a dl3~ance o[ 100.00
[ee~ to the 3outhecl~ Righ~ o~ ~ay Line o~ 8aid Sta~e Road g2,
· aid line being common vith the Northerly pla~ boundary o[
a[oreaaid Harco Beach Unl~ 31xEeen; thence, along =aid
Right o~ ~iy Line, 100.00 Zee~ South o~ and parallel ~o
centerline o[ 3~ate Road No. g2, run H87e41*OQ"E a distance o~
81.94 ~¢e~ to a point on the arc o[ a circular curve concave
the Northeast having I radius oZ 110.00 ~eet, said poin~ being
~h¢ POIHT OF B['GINNING o[ the hereinl[ttr described cen~tcline
and bears $81*21'15"H ~rom the center o[ the circle oC
cu~'veJ. thence, leaving sa~d Southecl~ aigh~ o[ Hay ~ine, run
~outhea:~erly along the arc o~ said curve and along ~aid
ce'ntsrline, through a central angle oE 100'50'15" an arc distance
o~ 193.59 ~eet to the Point oE fangenc~ o~ said curveJ thence
H70*31'00"~ a distance o~ 315.00 Celt to the a~orementioned
~outherly Righ~ oC ga~ Line oC 2tale Koad ~o. 92 and the Poin~
Termination o~ said Centerline Description, 8aid poin~
H87'41'OO"E a distance oE 442.76 ~eet ~rom ~he aCoctsaid Poin~
Beg inning.
Ex~ending or shortening the aide lines oC 8aid description, ~o
~o intecBe¢~ vith the aforesaid Southerly Rlgh~ o[ ~ay Line
3t8~e Road No.
Con~aining 0.77 acrea, more or
LEGAL DESCRIPTION
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 15, (CONCRETE
MOBKR4ENT), TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA RUN N 88°56'55" W FOR 1465.24 FEET; THENCE N 02°29'06" E
FOR 694.66 FEET ALONG THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD
951; THENCE S 88°58'47" E FOR 1439.23 FEET; THENCE S 00°20'25'' W
FOR 695.29 FEET% TO SAID SOUTH QUARTER CORNER, LESS AND EXCEPTING
THE WESTERLY 17 FEET OFT HE HEREIN DESCRIBED PARCEL OF LAND FOR THE
PURPOSE OF ROAD RIGHT-OF-WAY AS SHOWN IN O.R. BOOK 001166, PAGE
001070, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
AND
ALL OF SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST, LESS THAT
PORTION LYING NORTH AND EAST OF U.S. HIGHWAY 41, COLLIER COUNTY,
FLORIDA.
TI(TS XGXrT. XCHT.tad: and
and CGt. LIEI COUNTY, a ,LitPeEL eubdtvieten
riot Ida, re(erred to ae tILe
vTTNCSSCTK
~Xgl~, t~ is metua~Zy ~efitood' And elfted by the portion
to thee &iceanent t~at thee Allotment ts entered Into a~ the
direct/on fC the CoMmIT ~oc the potpose
ct~Lzemm e~ ~XXtoc Co~ty a~ the ~cckasef8
First tarry (siZe. ~ complete
h4telngttec described, and to induce the County to approve the
the/Lit, heroine(tic the 'lu~tvtstoa %aFroYemen:l*,
VNC~CXS, the estimated coata to complete the Subdivision
Impcovenants ace let (ofth Oh Exhibit on' attached hale:o,
wxtX~, Lt iS the Ffpe3e e~ the r~flt laity tA
AILments: to affsnqe and alton utth the Second Patty Lot the
puca~a~t to CoLLier COunty labdiVeS/on
hece~na~ter the 'SubdtytltoQ XtqqZa~lons', and
~MCIC~S, SeCond Party has consented to act as Cscfov ~qents
HOV, TKCtCrOlC, the patties upon the considerations
Omee kl(ece the gLgteencll liStIs) dil' og evlcy
~lL'llet~' SIsiLL' ~)&7 I~ Clell ce ~e ~lL4 cl Second
41 t~e bl~lmce eC tie escrow legHat exceeds &a aBeeeL lqui~
""" "2.:';:.;2: ::;;;'2,
~tvLatee %mpceveaemts have beem tompLated accecdLM te the
aid IpecLELcItLInl halitegore glued vLtk.gke CalmLy
IvLdeacLH te eke Celnt~ 9It ~e :e~/w[l~en tipcerements
petLea ~eteeg hive beam 4empXeted I~ pied gee in
~t el the Catfared KoaLas &a ~e aue~at a~ marmot set focth/ '-
a~ the Count~ amy met vt~oXd a~pfeva~, WILLIam cnnsent
.tmltCSCt~eae eg the Cleat7 dlXLveged te the gecemd ~afty
xv/mI sod setheeLs/el float FifeT to v/tbdtav tittered
/&fty'a-fLlht to vL~dcav ~e tattered Xotiea we apprwved
.'~
to the pcoftsLons
Sectored RanLea i~ luck obtg¶&tLene 0£ the OnLted St&tee,
tacLedt~i bat not %tmtt~d to hired $tit~l Tti&lut~ ILLL$, Untied
States T/seleCT WOtAI and ~n[tsd States Covstnmen~ lends ec ta
CettL£tcatea eC Qepesti &A first IAtt~ miy Cram ~tae te time
dicecat. pcevided, hovevet, ti ts a~teed that Second Patty shaLL
sot be teq~Lted te Layeat
mote eZteo than q~itietL~l An4 ~coviJed {litbet, that $e~end
Petit Iha~L mike I. aCchifet e£ suck investments onL~ tn units el
One Tileenamel (IL,FQ~I U4LX&IA, of mote.
dieflY ICCOQRto
4. IlLlute el t~e first IAft~ tl timpiece the Subdivision
[mpfovemeetf viehim treatS-goat
/lag Ls facetdid LA
shaLL cenlttiute I deC&eLi el thLs X¶ce~men~ and suck ds£autt
skill continue uatLL feint Pertr camptotes the S~odivtston
tapcerements.. O~ttol anT period el deCguSt, Second fatty skniL
ko~d eke ticloved Henlea/oF the &cooeat end benttit e{ the
County, and dollsl each polled, IGNIS vILlein Lestfaction grim the
Cecilred MenLea sa the County (tom tire tO time teqoifel to
complete the Subdivision improvemimic. Any ~lcteved Rental
eeastnt~l attec the Sebd/vleten Improvements have been ceopXesed
tesseyed in accordance vlt~ ~he Zave u£ the State o[ fiefida.
indirectly live pqbLtctty to of adve/ttse the existence e£ thLs
~tfeaent orbit thin
constitute a chet¶e upin t~e tattered nooses.
$. Second Fifty vLZ~ fece/vs~ ~eep and aceoust £of all
g laity, except as m0y be pCovlded cabstulsa by t~e'dtfactto~
,Latin consent o£ t~e County, Second Fact]p vt~Z ~efntsh the
county specifies otkefvLss. & phys|csJ proSfuss cupola,
~iq £otth the conFLatten etatun et the Subd LvtJlon loFteve-
:s, shall ha tufaasked b% flags ~acty mienI ~ttb .each
J. Second Fatty vLX~ dtsbeCss the [strayed nontee only as
do&born pcovlded.
· jtvtnq thtf. ty {3aS days peter writtat notLee to the first
; and the Count~' and the Otter Patti, sheaXe vtthtn such
A e£ ttae~ eppotnt· successor egGcoy 41eat vktck ts
~able to the County, to succeed the Soc9~4 Fifty, tg vtthtn
d Fifty, ~ leacassia to the f~(okl Ilft~ eks~t Net k&ve keen
~ted, 'the Second Fifty shi~.~ Realty the CoMIty vhe stall
{ tO any COUCt 0£ COtpetSA.t JuCiSdtCttot fan appslttaent et ~
meet, ·
~. Zt ts mutually allcad by ~e pactLee ~st aa~ ttabtZtt~
and ~srty eC LOs e~cceaaet ls ez~fe~aX~ X/mLted aM le ion1
~end hcty at L~ successeta t~couQta and disburses ta Seed
:to comp%/ance vtth thai Aftcement ill gscteved ~ontes, it
I
li¶~ea, feared and delivered ~l~ QCLT~A
tA the presence ego
( tscre~
· Attesr. s
Thai Altoomen% has been svbmttted to the County and is
hereby eppcovod.
Boxxoor courrr C~TSSZONC~S
CO~:CX CQ~TY, rLQKZDA
:. Ul~.lam Hinl. t~', Fttsi~c~t
· f.S OF CAYR1 C. IVIC
'~ ~sla ~ala ~Ttvt, Uesc
~les o( ~p:t, Floctda 33~31
I s result e~ ou~ Cvo facet meltlnls vttb you and other members of the
lvtc Ass0ctac~oo, Z w~iCe chts leeeft to fesff/~ eve p~sLc~o~ teGs~dtnl
~ property located ac the cornet o~ S.g. 195~ and S.I. Ig~2. ~c~g the
stt~ts you and other me~etl of the Assortscleft ~cltned certain concerns
~lardtn2 out request c0 change the exercise teatsI. Please a~lov me co
~rst, tn telsods co the vatl~ st~/ce to hits of ~pct, Mr. Jo~ ~deJ~-
it has lnfot~d me, though ~ architect, chat vh~ S.t. JESt ts ~ the
· octss e{ ~ttn$ gout laoeds a n~ ll~ vs~tr oats cxcznsto~
donE S.l I~1 sea CrifZlth XLI~sY to the Isles of Dprt pump
~ be ~stslled. ~t ~l~eet u~l concert ~t. ~dtJ~sk~*s elfIce
~r Chic ve My 4ec¢~tna vbechet ch/, ma~ vt~ be adequate co handle o~
~cds in addleion co C~s¢ og lilts o{ ~pt/'S- If lC iS noC, vt have
Kton co ~,uce propeT se~tct to tve~one; or l) should the c~nc7 so request,
e vtlI X~L to Dtlto~a Utilities Co estate.us'b7 b~tld~g a valet treatment
~ctltt7 to crest Delcone's ray vicar chaC pru~tl7 passeo
~ the Isles o~ ~p:i,
~aa ~rp., the preyLout ~e~l. ~4er chts ton~g, there art ovec 100 dee-
ferret comerelaX uses all4'.~ed finalES (re mvcoHbtle seduce scat/one;
~uLpmuC tentslag funeral ~mcs and leestifles; Co vicechary clLnLcs Hd tic
asheS. Also allovabl( Ss 'uy ether comxrctal use oc pco(tfsLo~al se~1ct
· ich LI comparable tn nature rich the forelo~nI uses and vhtch the ~nLnt-
ILlerrors dcte~Ln¢ Co be c~paC{blt ~ the d/l~r~ct." Vi act ttquesttn2 that
th~l CU~WeAC zestsI vtth s~X/to ~stl, m~t stated and s~e d~lcttttonacy, be
· anled to all~ ~H~T the coolLyorion of a t~ to~ ~ceL and
fescautan~ Q~ the co~eC, Ve ate ~ tequtsC1uI petaLslion to uncle[take con-
struction on the Itte pzLot tO the tout lanesI of S.~- 195~, ~tch is clearly
itchthief4 by the t.U.D. docket and the gtgtons~ tlanu~2 ~-ctt'. develop-
sent Otdt~, and ut act hog ttquest~nI pt~illion tO dO any cltattn& or
Fate 2 -
~. s~:Z~e- JlanXey
I
o~ the sloe prior Co the ~our lanLnI oZ 5.g. IgJl. Ic Ls epptoprLace co
S:7 btre chaC th~a aLOe ta the on17 one on the south potsion o~ the road
suitable for ,so as s conact,colon (acilicy during the ~our la~ing o~
$.L I~. The poxaiblXlt7 oI us~n~ s portion o~ this lice ior this p~,ro
p~se gas discussed vith the co,n[y and ve have no o~Jeccio,
o~lI sllog s [~e~ use lot ~he Xsng, i.e. ~ceI ~
p~a~ Ls aesCheC~Cl~y ~:t p~,s~g ~d vL~ ~tract o~17 ha~( of Che craf-
prayida rooms sC ress~sblt ~.~es for area guests
arts residents sad luescs,
~e :pprtcL=~ed the op~rtunlc7 to meet rich you end otht~
Assoctscion. 1C LJ on[ des~ze to ~k vich 7on to ensure chac vhecever
~s built on the site Is the best thsc ic can be. V~ tncovrsSe your support
end look Io~scd Co htsc~i bsc~ f(ou Ion reitzd~t 7ouc feel~is on our
~equesC to the counc/Co rexone. lhuk 7on for lout c~e end considerscion.
Koberc I. L~ebec
?resident
Hc. Jamtl F=. rinse1, Architect
IIc. GNrIe Vega, f~quire
~tle
PROPERTY DESCRIPTION
Parcel 1
A parcel of land located in Sections 11, 14, 15, 22, 23, 24, and 25 all being in
Township 51 South, Range 26 Easl, Collier County, Florida, being more particularly
described as follows: I
BEGIN at lhe Nodheasl comer of Section 22, Township 51 South, Range 26 East,
Collier County, Florida; thence run Nodh 88"58'51" Weal, along lhe North line of
the Northeast 1/4 of said Section 22, for a distance of 2738.26 feet to the North 114
corner of said Section 22; thence run North 00"18'43" East, along the East line of
the Southwest 1/4 of said Section 22, for a distance of 695.26 feet, Thence run
N. 88'58'11" W. for a distance el 1422.07 feet to a point on the Easterly right-of-way
line of State Road 951, a 200.00 foot right-of-way; thence run South 02'29'39" West,
along Ihe Easledy right-of-way line of State Road 951, for a distance of 2232.43 feet;
Ihence run South 86'54'19" East for a dislance of 1322.20 feet; thence run
South 89"27'22" East for a distance of 125.79 feet; thence run South 80'38'36" East
for a distance of 86.82 feet; thence run South 48'57'39" Easl for a distance of
143.49 I'eet; lhence run South 22'38'28" East for a distance of 101.19 feet; Ihence run
South 07'16'34" East for a dislance of 159.01 feel; lhence run South 22"27'03" Easl
for a distance of 80.97 feet; Ihence run South 51'50'53" East for a distance of 124.40
feet; thence run South 74'04'40" East for a distance of 144.06 feet; Ihence run
South 85"45'26" Easl for a distance of 187.62 feet; thence run Nodh 82"02'11" East
for a dislance of 108.47 feel; Ihence run Nodh 28°63'36" Easl for a distance of 104.27
feet; thence run Horth 10"26'56" East for a distance of 87.33 feet; thence run North
46'09'57" East for a distance of 161.84 feet; thence run Nodh 68"40'14" East for a
distance of 191.80 feet; thence run Nodh 79"08'54" East for a distance of 121.22 feet;
thence run South 87'33'02" East for a distance of 275.66 feet; thence run
South 85°36'34" East fo° a distance of 196.37 feet; thence run South 87'39'51" East
for a distance of 185.04 feet; Ihence run South 87°21'43" Easl for a dislance of 105.83
feet; Ihence run Nodh 85'51'57" East for a distance of 86.75 feet; lhence run South
87'50'25" East for a dislance of 53.97 feet; thence run South 43"21 '06" East for a
distance of 96.83 feet; Ihence run South 89°51'17' East for a dislance of 55.10 feet;
Ihence run South 12'45'05" East for a distance of 48.21 feet; ihence run South 54'17'48"
East for a distance of 252.73 feet; lhence run North 55'30'51'~ East for a distance
of 83.75 feet; lhence run North 74°56'13" East for e distance of 64.15 feet; lhence
run South 82°07'55" East for a dislance of 60.59 feet; thence run South 51°36'21"
East for a distance of 159.30 feet; thence run South 00'11'44' Wesl for a distance
of 120.56 feel; thence run South 02°12'06" West for e distance of 166.85 feet;
thence run North 80'34'08" East for a distance of 106.80 feel; lhence run South
77'52'52" East for a distance of 122.93 feet; thence run Nodh 85'11"20" East for
a distance of 115.84 feet; thence run South 73°31'25" East for a distance of
106.53 feet; thence run Nodh 78'58'26" East for e distance of 51.97 feet; thence
run Nodh 05°41'54" East fore distance of 125.98 feet; thence run North
01 '41'54' East for a distance of 77.72 feet; thence run North 15'43'51' East for
a distance oi' 164.05 feet; thence run North 21'55'44" East for a distance of 141.05
feet; thence run North 23'51'20" East for a distance of 142.54 feet; thence run
North 53'47'38" East for a distance of 116.07 feet; thence run North 88'01'01'
East for a distance of 145.07 feet; thence run North 38'00'59" East for a distance
of 369.42 feet; thence run North 39'43'19" East for a distance of 299.43 feet;
thence run North 44'48'34" East for a distance of 108,44 feet; thence run North
74'20'58" East for a distance of 101.17 feet; thence ran North 77'28'10" East for
a distance of 117.54 feet; thence run North 41°29'16" East for a distance of 102.86
feet; thence run North 16'25'45" East for a distance of 68.07 feet; thence run
North 32'16'13' East for a distance of 99.28 feet; thence run North 56'07'35"
East for a distance of 115,20 feet; thence fun North 22'53'12' East for a distance
of 132.57 feet; the~ce run r, lorth 34'55'40' East for a distance of 81.02 feel;
thence run North 67'14'28" East for a distance of 68.26 feet; thence run North
76'07'18" East I'or a distance of 77.37 feet; thence run South 86'19'59" East for
a distance of 263.41 feet; ~hence run South 14'15'46" East for a dislance of 83.69
feet; thence run South 23'56'59' West for a distance of 58.61 feet; thence run
South 56'50'17" West for a distance of 141.77 feet; thence run South 48'14'20"
West for a distance of 110.87 feet; thence run South 46'59'04" West fro' a distance
of 86.08 feet; tI~ence run South 24'17'17" West for a distance of 78.68 feet; Ihence
run South 59'03'57' East for a distance of 32.26 feet; thence run South 76'14'25"
East for a distance of 287.74 feet; thence run South 87'00'56' East for a distance
of 151.16 feet; thence fun ,South 68'26'26" East for a distance of 115.50 feet;
thence run South 43'13'27" East for a distance of 112.77 feet; thence run South
18'34'02" East for a distance of 220.03 feet; thence run South 21'18'18" East for
a distance of 172.00 feet; thence run South 18'33'08" East for a distance of 163.52
feet; thence run South 76'44'26" East for a distance of 125.93 feet; thence run
North 74'26'22" East for a distance of 115,09 feet; thence run North 47'34'17"
East for a distance of 55,95 feet; thence run North 12'06'43" West for a distance
of 69,72 feet; thence run North 31'18'44" West fof a distance of 100.54 feet;
thence run North 16'38'57" West for a distance of 133.88 feel; Ihence run Nodh
09'53'00' Easl for a distance of 213.52 feet; Ihence run North 48'28'23" East
for a distance of 119.96 feet; thence run North 87'30'26" East for a distance of
33,64 feet; thence fun South 32'37'51" East for a distance of 138.09 feel; thence
run South 40'52'24" East for a distance of 125.01 feet; thence run South
39'17'2,2" East for a dislance of 115.06 feet; thence run South 62'18'24" East for
a distance of 145.81 feet; thence run South 61'21'50" East for a distance of 121.40
feet; thence run South 59'49'44" East for a distance of 115.57 feet; thence run
South 74'50'34' East for a distance of 94.71 feet; thence run North 24'24'43"
East for a distance of 91.83 feet; thence run North 40'52'29" East for a distance
of 247.62 feet; thence run North 40'23'40" East for a distance of 276.26 feet;
thence run North 39'53'20" East for a distance of 411.53 feet; !hence run South
58'13'26" East for a distance of 962.09 feet; thence run South 19'09'18" East for
a distance of 96.31 feet; thence run South 08'45'22. West for a distance of 121.08
feet; thence run South 13'25'07" West for a distance of 159.04 feet; thence run
South 20'02'46" West for a distance of 189.88 feet; thence run South 57'19'10"
West for a dislance of 559.88 feet; thence run South 77'05'05" West for a distance
of 327.57 feet; Ihence run South 43'14'14" West for a distance of 401.58 feet;
Ihence run North 66'08'10" West for a distance of 54.49 feet; thence run South
64'07'14" West for a distance of 44.31 feet; thence run South 48'23'22' West for
a distance of 35.08 feet; thence run South 11'10'06' West for a distance of 174.79
feet; thence run South 04'12'55" West for a distance of 151.70 feet; thence run
South 00'26'51' East for a distance of 131.06 feet; thence run South 07'57'23"
East for a distance of 52.02 feet; thence run South 05'32'11" East for a distance
of 73.70 feet; thence run South 39'42'25" West for a distance of 60.13 feel; thence
run South 75'24'24" West for a distance of 513.63 feet; Ihence run North
71 '25'16" West for a distance of 78.08 feet; thence run North 54'31'46' West for
a distance of 292.73 feet; thence run North 36'53'16" West for a distance of 88.54
feet; thence run North 75'02'38" West for a distance of 101.42 feet; thence run
North 58'07'21" West for a distance of 145.39 feet; thence run North 63'16'52"
West for a distance of 100.54 feet; thence run North 70'16'01" West for a distance
of 52.57 feet; thence run North 76'18'47" West for a distance of 139.12 feet;
thence run North 88'18'46" West for a distance of 118.58 feet; thence run South
78'25'37" West for a distance of 120.58 feet; thence run South 70'42'34" West for
a distance of 58.35 feet; thence run South 54'33'15" West for a distance of 236.73
feet; thence run South 01'33'17" West for a distance of 304.71 feet; thence run
South 30'08'16" East for a distance of 194.40 feet; thence run South 01'31'06"
West for a distance of 139.28 feet; thence run South 24°09'25" East foa distance
of 317.35 feet; thence run South 07'39'57" East for a distance of 618.63 feet;
thence run South 05'14'32~ East for a distance of 48.49 feet; thence run South
86'37'33' East for a distance of 144.20 feet; thence run Nodh 74'58'46" East for
a distance of 84.50 feet; thence run Nodh 89°49'58" East for a distance of 166.94
feet; thence run North 54'40'25' East for a distance of 155.08 feet; thence run
South 87'04'16" East for a distance of 183.90 feet; thence mn South 75'30'01"
East for a distance of 292.56 feet; thence run South 74'07'29" East for a distance
of 164.37 feet; thence run r',lodh 53'12'13" East for a distance of 77.41 feet;
thence run North 71'22'37; East for a distance of 85.20 feet; thence run South
85'53'26" East for a distance of 92.10 feet; thence run South 83'23'30" East for
a distance of 128.98 feet; thence run Nodh 68'54'10" East for a distance elr 100.70
feet; thence run Nodh 55'32'22" East for a distance of 148.01 feet; thence run
North 32'25'17° East for a distance of 235.05 feet; thence run North 33°14'22"
East for a distance of 199.06 feet; thence run Norl, h 48'38'03" East for a distance
of 111.62 feet; thence run Nodh 40'09'31" East for a distance of 96.63 feet;
thence run North 18'03'03" East for a distance of 285.56 feet; thence run North
58°55'34" East for a distance of 367.04 feet; thence mn South 72'39'46" East for
a distance of 90.19 feet; thence run South 68'05'01" East for a distance of 88.10
feet; thence run South 32'29'50' East for a distance of 134.26 feet; thence run
Nodh 58'20'15" East for a distance of 1006.12 feet; thence run Nodh 08'49'07"
East for a distance of 121.76 feet; thence mn North 86°01'20" East for a distance
of 76.03 feet; thence run South 81'56'11" East for a distance of 62.99 feet; thence
run South 62°22'55' East for a distance of 61.06 feet; thence run South 28'55'42"
East for a distance of 96.72 feet; thence run South 07'05'01" East for a distance
of 98.49 feet; thence run South 20'24'01' West for a distance of 97.27 feet; thence
run South 64'30'14" E~'st for a distance of 119.77 feet; thence run Nodh
42'57'49" East for a distance of 68.57 feet; thence run Nodh 19'23'04" East for
a distance of 158.14 feet; thence run Nodh 75'28'14' East for a distance of 446.92
feet; thence run Nodh 06'56'07" East for a distance of 178.75 feet; thence run
Nodh 66'12'10" West for a dislance of 63.59 feet; thence run Nodh 71'24'18"
West for a distance of 123.29 feet; thence run Nodh 50°53'00" West for a distance
of 112.15 feet; thence run Nodh 16'04'21" West fore distance of 86.40 feet;
thence run North 28'52'24" East for a distance of 62.66 feet; thence run Nodh
69°42'26" East for a distance of 91.21 feet; thence run Nodh 88'57'04" East for
a distance of 137.96 feet; thence run South 51°15'23" East fur a distance of 66.98
feet; thence run South 57°59'46" East for a distance of 90.38 feet; thence mn
Nodh 83'57'39' East for a distance of 185.60 feet; thence run South 69'53'36"
East for a distance of 103.27 feet; thence run South 33'27'20" East for a distance
of 47.82 feet; thence run South 01 '07'11" East for a distance of 176.02 feet;
thence run South 57'10'59' East for a distance of 90.42 feet; thence mn South
59'52'00" East for a distance of 215.96 feet; thence mn South 40'50'50" East for
a distance of 100.90 feet; thence run South 01°41'10" West for a distance of 221.55
feet; thence run South 44'25'43" East for a distance of 177.22 feet; thence run
South 57'17'06" East for a distance of 194.66 feet; thence mn South 49'41'29"
East for a distance of 234.47 feet; thence run South 51"45'12' East for a distance
of 285.65 feet; thence run South 46°48'39'' East for a distance of 77.27 feet;
thence run South 55'26'25' East for a distance of 87.85 feet; thence run Nodh
83'37'01' East for a distance of 54.43 feet; thence run Nodh 59'38'02" East for
a distance of 133.38 feet; thence run Nodh 86°08'02'' East for a distance of 77.48
feet; thence run South 67°01'55" East for a distance of 118.58 feet; thence run
South 45'06'14' East for a distance of 2560.69 feet; thence run North 29*52'54"
East for a distance of 85.21 feet; thence run North 27'30'00" East for a dislance
of 86.22 feet; thence run 1'4orth 25'35'58" East for a distance of 48,08 feet; thence
run North 21 '40'44" East for a distance of 96.89 feet; thence run North 69°44'52"
West for a distance of 36.61 feet; thence run South 75'25'58." West for a distance
of 151.66 feet; thence run ~orth 09'04'17" West for a distance of 117.55 feet;
thence run North 12'06'14" East for a distance of 74.75 feet; thence run North
46'03'43" East for a distadce of 74.51 feet; thence run North 12'46'58" West for
a distance of 32.83 feet; thence run Nodh 19'55'33" West for a distance of 74.92
feet; thence run South 32'11'57" West for a distance of 85.42 feet; thence run
South 69'25'44" West for a distance of 67.21 feet; thence run North 65'02'17"
West for a distance oi' 75.05 feet; thence run North 86'16'33" West for a distance
of 109.50 feet; thence run South 69'48'24" West for a distance of 95.29 feet;
thence run l',lorth 31'09'56" West for a distance of 62.54 feel; thence run Nodh
01'12'06' West for a dislance of 153.58 feet; thence run North 36°23'56" East for
a distance of 106.80 feet; thence run North 10°55'24· West for a distance of 140.47
feet; Ihence run I~lorth 22'37'48" East for a distance o1' 51.15 feet; thence run
North 37'19'10" East for a dislance of 162.48 feel; thence run North 19°33'02''
East for a dislance of 118.95 feet; thence run North 08°08'12" East for a distance
of 108,72 feel; Ihence run Nodh 04'59'51" West for a distance of 137.15 feet;
thence run North 20'30'53" East for a distance of 147.93 feet; thence run North
03'46'25' East for a distance of 148.33 feet; thence run North 17'32'07" West for
a distance of 180.04 feet; thence run North 15'13'39" West fo~' a distance of 140.97
feet; thence run Norlh 00'05'49" West for a distance of 73.02 feet; thence run
North 25°39'35" East for a dislance of 96.53 feet; thence run North 59'22'21"
East for a distance of 73.73 feet; thence run South 40'21'48" East for a distance
of 52.95 feet; thence run South 01°53'33" West for a distance of 116.~59 feet;
thence run South 82'33'24" East for a distance of 120.72 feet; thence run South
63'38'53" East for a distance of 64.07 feet; thence run South 44'52'32" East for
a distance of 54.42 feet; thence run ~outh 10°29'59" East for a distance of 79.18
feet; thence run South 37'18'09" West for a distance of 50.11 feet; thence run
South 29'46'39' West fo~' a distance of 75.80 feet; thence run South 25'22'43"
West for a distance el 103.06 feel; thence run South 10'56'20" West for a distance
of 105.37 feel; thence run South 10'07'11" East for a distance of 107.10 feet;
thence run South 42'29'24' East for a distance of 116.91 feet; thence run South
08°16'17- West for a distance of 34.66 feet; thence run South 60'16'31" West for
a distance of 106.48 feet; thence run South 23'42'39" West for a distance of 130,40
feet; thence run South 08°54'48· East for a distance of 85.'~ ~) feet; thence run
South 20'38'43' East for a distance of 62.59 feet; thence run South 85'18'35"
East for a distance of 164.23 feet; thence run South 86°28'10" East for a distance
of 201.60 feet; to a point on the East llne of Section 24, Township 51 So~rth, Range
26 East, Collier County, Flodda; thence run North 00'15'28" East. elong the East
line of said Section 24° for a distance of 4476.41 feet to the Northeast comer of
said Senion 24; thence r~ ' North 88'58'55" West. along the North !ine of the
Northeast 1/4 of said Sec,.,~n 24, for a distance of 2713.71 feet to the North 1/4
comer of said Section 24; thence run North 88°59'02- West. along the North line
the Northwest 1/4 of said Section 24. for a distance of 2713.25 feet to the Northwest
comer of said Section 24; thence run North 00'25'53" West, along the East line of
the Southeast 't/4 of Section 14, Township 51 South, Range 26 East, for a distance of
2749.82 feet to the East 1/4 Corner of said Section 14; thence continue North
00*25'53' West, along the East line of the Southeast 114 of the Northeast 114 of
said Section 14. for a distance of 1374.91 feet to the Southeast comer of the
Northeast 1/4 of the Northeast 1/4 of said Section 14; thence run North 88'20'09"
West. along the South line of the East 1/2 of the Northeast 1/4 of the Northeast 1/4
of said Section 14, for a distance of 692.50 feet to the Southwest comer of the East
1/'2 of the Northeast 1/4 of tl~e Northeast 1/4 of said Section 14; thence run North
00'20'11" West, along the West line of the East 112 of the Northeast 114 of the
Nodheast 114 of said Section 14, for a distance 1377.88 feet to the Northwest comer
of Ihe East 1/2 of the Northeast 114 of the Northeast 1/4 of said Section 14; thence
run South 88'04'59" East, along the North line of the East 1/2 of the Northeast 1/4
of the Northeast 114 of said Section 14, for a distance of 690.34 feet to the
Northeast corner of said Section 14; thence run North 01°00'45" East, along the
East line of the Southeast 1/4 of Section 11. Township 51 South, Range 26 East, for a
distance of 2749.58 feet to the East 114 comer of said Section 11; thence continue
l, lorth 01'00'45" East, along the East line of the Northeast 1/4 of said Section 11,
for a distance of 559.15 feet to a point on the Southerly fight-of-way line of U.S.
Highway No. 41 (Tamiami Trail). a 200.00 foot right-of-way; thence run North
54'21'15" West, along the Southerly right-of-way line of U.S. Highway No. 41. for a
distance of 1244.99 Feet; thence run South 01°14'40" West for a distance of 100.00
feet; thence run North 88'45'20" West for a distance of 10.00 feet; thence run
South 01'14'40" West for a distance of 293.15 feet; thence run Nodh 54'21'15"
West for a dislance of 400.00 feet to a point on the West line of the Southeast 1/4
of Ihe Northeast 1/4 of said Section 11; thence run South 01'14'40" West, along the
West line of Ihe Southeast 1/4 of the Northeast 1/4 of said Section 11, for a
distance 1082.83 feet to the Southwest comer of the Southeast 114 of Ihe Northeast
1/4 of said Section 11; thence run Soulh 01°14'30" West. along the West line of the
East 1/2 of the Southeasl 1/4 of said Seclion 11, for a distance of 2745.91 feet to
the Southwest comer of the Easl 1/2 of !he Southeast 114 of said Section 11; thence
run South 00°14'31' East. along Ihe West line of Ihe Northeast 1/4 of Ihe Northeast
1/4 of sai:l Section 14. for a distance of 1380.85 feet to the Southwest corner of the
Northeast 1/4 of the Northeast 1/4 of said Section 14; thence run North 88°20'10"
West, along the South line of the North 1/4 of said Section 14. for a distance of
4154.87 feet to the Southwest comer of the Northwest 1/4 o1' the Northwest 1/4 of
said Section 14; thence run North 89'13'52" West. along the North line of the South
1/2 of the Northeast 114 of Section 15, Township 51 South. Range 26 East. for a
distance of 2738.98 feet to the Northwest comer of the South 1/2 of the Northeast
1/4 of said Section 15; thence run South 00°18'43" West. along the West line of the
South 1/2 of the Nodh~ast 114 of said Section 15, for a distance of 1392.96 feet to
the center of said Section 15; thence run South 89°06'35® East. along the South
line of the Northeast 1/4 of said Section 15, for a distance of 2739.04 feet to the
East 1/4 comer of said Sect[on 15; thence run South 00°19'46" West. elong the East
line of the Southeast 1/4 of said Section 15. for a distance of 2787.36 feet to the
Southeast comer of said Section 15 and the POINT OF BEGINNING; conlaining 1687.5109
acres. more or less.
AND
Parcel 2
A parcel of land located in Section 24, Townshlp 51 South. Range 26 East. Collier
County. Florida. being more particularly described as follows:
COMMENCE at the Northeast corner of Section 24. Township 51 South. Range 26 East.
Collier County. Flodda; thence run South 00"15'28" West. along the East line of
said Section 24, for a distance 4679.59 feet Io the POINT OF BEGINNING of the parcel
of land heroin described; thence run North 72"12'44" West for a distance of 86.92
feet; thence run North 6g'28'32' West for a distance of 94.14 feet; Ihence run
South 85"05'50" West for a distance of 80.86 feet; thence run South 78"39'42"
.,~
West for a distance of 79.41 feet; thence run South 46'52.35" West for a distance
of 76.76 feet; thence run South 54'05'10" East for a distance of 62.53 feet; thence
run South 81'19'02" East for a distance of 71.38 feet; thence run North 88'47'42"
East for a distance of 97.52 feet; thence run North 83'27'32" East for a distance
of 84.68 feet; thence run North 84'27'57" East for a distance of 82.73 feel; thence
run Nodh 00'15'28" East, along the East line of Section 24, for a distance of
43.22 feet to the POINT QF BEGINNING; containing 0.779 acre, more or less.
AND
Parcel 3
A parcel of land located in Section 24, Township 51 South. Range 26 East, Collier
County, Florida, being more particularly described as follows:
COMMENCE at the Northeast corner of Section 24. Township 51 South. Range 26 East.
Collier County, Florida; thence run South 00"15'28" West, along the East line of
said Seclion 24, for a distance 4790.92 feet to the POINT OF BEGINNING of Ihe parcel
of land heroin described; thence run Nodh 86'15'35" West for a distance of 52.39
feet; Ihence run South 56"39'23" West for a distance ot' 67.01 feet; Ihence run
South 12"30'16" West for a distance of 74.05 feel; thence run South 07'47'40"
East for a distance of 77.35 feet; thence run South 16"03'58" Easl for a distance
of 121.00 feet; thence run South 34"56'39" East for a distance of 136.99 feet;
thence run North 00'15'28" East, along the East line of said Seclion 24, for a
distance 410.92 feet to the POINT OF BEGINNING; containing 0.824 acre, more or less.
LESS Ar'lD EXCEPT THEREFROM PROPERTY CONVEYED TO DELTONA UTILITIES, INC., (C/O
SOUTHERN STATES UTILITIES, INC.) AS RECORDED IN OFFICIAL RECORDS BOOK 1483. PAGES
497 TO 499, AS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Parcel No. 7
That certain parcel of land, lying in Sections 24 and 25, Township 51 South, Range 26 East,
Collier County, Florida, being more particularly described as follows:
Commence at the Northeast boundary comer of said Section 24, thence along the East boundary
or said Section 24 South 00"15'28" West a distance of 4,476,41 feet to a point on said
boundary; thence leaving said East boundary North 88'28'10" West a distance of 201.60
reel; thence Nodh 85'18'35" West a dlstance of 164.23 feet; thence North 20'38'43"
West a distance of 62.59 feet; thence North 08 '54'46" We-".t a distance of 85.19 feet; thence
North 23'42'39' East a distance of 130.40 feet; Ihence Nortt'~ 60'16'31" East a dt-~!ance
of 106.48 feet; thence Nodh 08'16'17" East a distance of 34.66 feet; thence North
42'29'24" West a distance of 116.91 feet; thence Norlh 10'07'11" West a distance of
107.10 feet; thence North 10'56'20" East a dislance of 105.37 feet, lhenco North
25'22'43" East a distance of 103.06 feet; thence North 29°46'39" East a distance of
75.80 feet; thence North 37'18'09" East a distance of 50.11 feet; thence North
10'29'59' West a distance of 79.18 feet; thence North 44'52'32" West a distance of
54.42 feet; thence North 63'38'53" West a distance of 64,07 feet, thence North
82'33'24' West a distance of 120.72 feet; thence North 01'53'33' East a distance of
116.69 feet; thence North 40'2t'48" West a distance of 52.95 feet Io Ihe POINT OF
BEGINNING of the parcel of land heroinafter described; thence South 59'22'21' West a
distance of 73.73 feet; thence South 25'39'35" West a distance of 95.53 feet (96.63 Cal:alated);
thence South 00'05'49" East a distance of 73.02 feel; thence Soulh 15'13'39" East a distance
of 140.97 feet; thence South 17'32'07" East a distance of 160.04 feet; thence South
03'46'25" West a dislance of 148.33 feet; thence South 20'30'53" West a dislance of
147.93 feet; thence South 04'59'51' East a distance of 137.15 feet; thence South
06'06'12' West a distance ef 108.72 feet; thence South 19'33'02" West a distance of
118.95 feet; thence South 37'19'10" West a distance of 162.48 feet, thence South
22'37'48" West a dislance of 51.15 feet; Ihence Soulh 10'55'24" West a distance of
140.47 feet; thence South 36'23'56" West a distance of 106.80 feet; thence South
0t'12'06" East a distance of 153.58 feet; thence South 31'09'56" East a distance of
f t t distance of
75.05 feet; thence North 6,9'25'44" East a distance of 67.21 feet; thence North
:~2'11'57" East a distance of 85.42 feet; thence South 19'55'33" East a distance of
74.92 feet; thence South 12'46'58 East a distance of 32.83 feet; thence South 46'03'43"
West a distance of 74.51 feet; thence South 12 '06'14" West a distance of 74.75 feet; thence
South 09'04'17" East a distance of 117.55 feet; thence North 75'26'56" East a distance
of 151.66 feet; thence South 69'44'52" East a distance of 38.61 feet; thence South
21'40'44' West a distanc~ of 96.89 feel; thence South 25'35'58" West a distance of
48.06 feet; thence South 27'30'00" West a dislance of 86.22 feet; thence South
29'52'54" West a distance of 85.21 feet; thence North 45°08'14" West a distance of
2,560,69 feet; thence North 00'15'28" East a distance of 265.00 feet; thence South
89'44'32" East a distance of 375.00 feet; Ihence North 84'04'19" East a dislance of
149.18 feet; Ihence North 79'01'56" East a dislance of 484.64 feet; thence North
61'23'47" East a distance of 447.94; Ihence South 89'44'32" East a distance of 264.73
feet; thence South 00'15'28" West a distance of 141.70 feet to Ihe POINT OF BEGINNING.
Containing 43.00 acres, more or less.
LESS AND EXCEPT THEREFROM PROPERTY CONVEYED TO THE SCHOOL BOARD OF COLLIER
COUNTY, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 1495, PAGES 384. 385 AND
387, AS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
That certain parcel of land lying in and being a part of Sections 23 and 24, Township 51 South,
Range 26 East, Collier County, Florida. being more particularly described as follows:
Commence at the Northeast comer of said Section 23; thence run North 88'58'53" West,
run South 39'46'43" West a distance of 711.68 feet; thence run South 50'13'17" East
a distance of 1,515.63 feel; thence run South 39'46'43' West a distance of 1,050.00 feet;
thence run South 50'13'17' East a distance of 50.00 feet to the POINT OF BEGINNING
of the parcel of land hereinafter described; thence continue South 50'13'17" East a distance
of 739.75 feet; thence run North 39'46'43" East a distance of 706.62 feet; thence run North
50'13'17" West a distance o1' 739.75 feet; thence run South 39'46'43" West a distance
o1' 706.62 feet to the POINT OF BEGINNING.
Conlalnlng 12.00 acres, more or less.
LESS AND EXCEPT THEREFROM PROPERTY CONVEYED TO BOARD CF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS RECORDED IN OFFICIAL RECORDS
BOOK 1755, PAGE 361, AS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
All that part of the Northeast 1/4 of Section 15. Townshlp 51 South, Range 26 East, Collier
County, Florida and being more partlculady described as follows;
Commencing nt the Southwesterly most comer of Championship Drive, Marco Shores Unit 30
Golf Course, Plat Book 17, pages 98 through 103, Collier County, Florida;
thence along the Southerly line of said Championship Ddve South 89'13'53' East 35.40
feet to the Point of Beginning of the parcel herein described; thence continue along said line South
89'13'52" East 109.79 feet; thence leaving said line South 00'18'43" West 153.94 feet;
thence North 86'07'06' West 110.00 feet; thence North 00'18'43" East 147.g6 feet to the Point of
Beginning. Containing 0.38 acres, more or less.
LESS AND EXCEPT
ALL THAT PORTION OF GOLF COURSE PARCELS 1, 2, 3 AND 4 "MARCO SHORES
UNIT 30 GOLF COURSE' AS SHOWN ON THE PLAT THEREOF, RECORDED IN
PLAT BOOK 17. AT PAGES 98 THROUGH 103 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLOBIDA. CONTAINING 243.96 ACRES, MORE OR LESS
Subject to easements, reservations or restrictions of record.
Net Property Acreage = 1389.7739 Acres, More or Less.
Beadngs shown hereon refer to the North line of the Nodheast 1/4 of Section 22,
Township 51 Soulh, Range 26 East, Collier County, Florida, as being North 88'58'51"
West.
Property Description for Parcel 1 Is composed entirely from that certain map titled
MARCO SHORES UNIT 30 BOUNDARY MAP created by the Deltona Corporation - Dept. of Real
Estale Services in July 1989 and revised November 20, 1989 and again September 24,
1991 as provided by Gulf Bay Development Inc. and has been prepared without benefit
of surve/.
Property Descriptions for Parcels 2 and 3 are based on Exhibit "A" of the SPECIAL
WARRANTY DEED as recorded in Official Record Book 1911 Page 144 Et. Seq. of the
Public Records of Collier County, Florida and has been prepared without benefit of
survey.
These descriptions of ,~11 Parcels shown hereon are Intended only as representalions of
specific data in the above referenced documents and not intended as certification of
actual field locations.
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 15, (CONCRETE
MONUMENT), TOYSSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA RUN N 88°56'55" W FOR 1465.24 FEET; THENCE N 02°29'06" E
FOR 694.66 FEET ALONG THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD
951; THENCE S 88~58'47" E FOR 1439.23 FEET; THENCE S 00°20'25" W
FOR 695.29 FEET TO SAID SOUTH QUARTER CORNER, LESS AND EXCEPTING
THE WESTERLY 17 FEET OFT HE HEREIN DESCRIBED PARCEL OF LAND FOR THE
PURPOSE OF ROAD RIGHT-OF-WAY AS SHOWN IN O.R. BOOK 001166, PAGE
001070, PUBLIC ~ECORDS OF COLLIER COUNTY, FLORIDA. [22.9 acres]
AND
ALL OF SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST, LESS THAT
PORTION LYING ~ORTH AND EAST OF U.S. HIG}~AY 41, COLLIER COUNTY,
FLORIDA. [Section 13 - 690 acres]
Page 1 of 4
· Page 2 of 4
CONTROL TO 1' ABOVE CONTROl.
TO nE EXCA
INTERNAL LAKE SECTION
N
!
I
I
STATE OF FLORIDA)
!
COUNTY OF COLLIER)
I, IYWIGHT 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. 96-74
Which was adopted by the Board of County Commissioners on the 26th day
of November, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 27th day of November,
1996.
DWIGHT E. BROCK
Clerk of Courts and Ct~'~'~.'~ .......... ,
Ex-officio to Board. Of - ':' "'
County Commission rs'
~a~ .'
ureen' Kenyon; 'o. '.. l:
Deputy Clerk ,~·.,