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Ordinance 91-005 mm ORDINANCE 91- AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREMENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AJ~EA OF COLLIER CO~TY, FLORIDA.-.~ BY AMENDING THE OFFICIAL ZONING ATLAS MAP 48-25-10; BY CHANGING THE ZONING ~. OF THE HEREIN DESCRIBED REAL ' FROM C-4 TO "PUD" PLANNED UNIT ':' EVELOPMENT KNO~) AS MEADOW BROOK ESTATES FOR 06 DWELLING UNITS, LOCATED ON OLD U.S. 41 [NORTH OF FUTURE LIVINGSTON ROAD), IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 34.2 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duan~ of Hole, Montes and Associates, Inc., Francis D. Hussey, petitioned the Board of County ~ers to change the zoning classification of the herein real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners County, Florida: ..The Zoning Classification of the herein described real property located in Section 10, Township 48 South, Range 25 East, Collier Florida, is changed from C-4 to "PUD" Planned Unit Development accordance with the PUD document, attached hereto as Exhibit "A" is incorporated herein and by reference made part hereof. The Zoning Atlas Map Number 48-25-10, as described in Ordinance 82-2 is hereby amended accordingly. ?=/This. Ordinance shall become effective upon receipt of notice from ry of State that this Ordinance has been filed with the of State. .?.ASSED AND DULY ADOPTED by the Board of County Commissioners of County, Florida, this ,$~ day of~ _, 1991. ,~ .. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, . FLORIDA BY .~ C. GILES, CLERK IRPERSO~ Thl~ ordinance filed with t~e AS TO FORM AND LEGAL- SUFFICIENCY S~c. ~tu~ of,~lll%te's Office ~e ond ocknodlr'edgemer~ o~, that r~r~ .... fiU~"?ecelved .t ~daf . M. I IsUU c i,. szs a coUNtY ORDI.ANC~/nb/3640 · MF2~DW BROOK ESTATES A PLANNED UNIT DEVELOPMENT Prepared By Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, Florida 33940 (813) 262-4617 May, 1990 Exhibit "A" HMA File No. 89. 106 Date Filed Q~/09/90 Date Revised Date Reviewed By CCPC 12/20/9Q Date Approved By BCC 1/22/9~ Ordinance # 91-5 TABLE OF CONTENTS ~;;. PAGE SECTION I ~,U STATEMENT OF COMPLIANCE ................................ 1 .,SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE ..... 2 " SECTION III !~. PROJECT DESCRIPTION ..... . .............................. 3-6 SECTION IV RESIDENTIAL DEVELOPMENT STANDARDS ...................... 7-9 SECTION V PRESERVE AND RECREATION AREAS :~TANDARDS ................ 10-11 ...,~. SECTION VI DEVELOPMENT COMMITMENTS ................................ 12 SECTION VII 'ENVIRONMENTAL STANDARDS ................................ 13 iSECTION VIII ~ TRANSPORTATION REQUIREMENTS ............................ 14 IX UTILITIES REQUIREMENTS ................................. 15-16 SECTION X WATER MANAGEMENT REQUIREMENTS .......................... 17-18 "ATTACH)tENT A: PUD MASTER PLAN /~.~iATTAC~mENT B: LEGAL DESCRIPTION · ! 74 SECTION I S~ATEM~qT OF COMPLIANCE The development of approxima'=ely 34.2± acres of property in Collier County, as a Planned Unit Development to be known as Meadow Brook Estates, will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The residential and recreational facilities of Meadow Brook Estates will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 2. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. .Improvements are planned to be in compliance with applicable land development regulations as set forth in the Zoning Ordinance for Collier County. 4. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. 5. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities. 6.The project includes extensive open spaces and preserve areas to provide for the protection of natural resources. 7. Due to the conversion of the existing commercial zoning, the project shall be developed at the rate of 9 dwelling units per acre for the 34.2± acres. These 306 total dwelling units are allowed as per the Density Rating System of the Future Land Use Element. 8.All development orders for this project are subject to the Collier County Adequate Public Facility ordinance, as amended. PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE The purpose of this section is to set forth the property ownership, legal description and short title for this project. 2.1 The subject property is ~urrently owned by: Frances P. Hussey 2.2 The subject property is located in Section 10, Township 48 South, Range 25 East and is further described in Attachment 2.3 This ordinance shall be known and cited as the "Meadow Brook Estates Planned Unit Development Ordinance". 2.4 The General Description of this Parcel is as follows. The project site is located between Old U.S. 41 and U.S. 41 approximately 1000± north of the intersection of these two roadways. The parcel is irregularly shaped with the generally western one half of the parcel being jurisdictional wetlands. The remainder of the parcel is pine uplands and it is this area that is slated for development. 76 ~'?' SECTION III !,~ PROJECT DESCRIPTION The purpose of this Section is to delineate and generally ': describe the project plan of development, the land uses included in the project, as well as the project criteria for ~ .- Meadow Brook Estates. 3.2 PROJECT DESCRIPTIO~ The location and confi¢/uration of homesites, amenities, both natural and manmade, and buffer areas incorporated within this document, shall provide an aesthetically pleasing arrangement of community facilities. A. Regulations for development of the planned unit development shall be in accordance with the contents of this document, the Planned Unit Development District and ~' other applicable sections and parts of the Collier County Zoning Ordinance in effect at the time of building permit application. Where these regulations fail to provide development standards, the most similar zoning district provisions in the Collier County Zoning Ordinance shall ~. apply. B. Unless otherwise noted, the definitions of al~ terms shall be the same as the definitions set forth in Collier ~ County Zoning Ordinance in effect at the time of building permit application. C. Ail conditions imposed and all graphic material presented ~ depicting restrictions for the development of Meadow :~" Brook Estates shall become part of the regulations which govern'the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver ?' provisions from any other applicable regulations, the :i' provisions of those regulations not otherwise provided for in this PUD shall remain in full force and effect. E. This project shall be subject to any provisions subsequently adopted by Collier County pursuant to Time Limits for Approved PUD Master Plans. 3 .4 PROJECT PLAN AND LAND USE TRACq~ A. The project Master Plan, including layout of streets and land use of the various tracts, is iljustrated graphically by Exhibit "A", PUD Master Plan. There shall be one residential land use area, in addition to preserves, necessary water management lakes, and street rights-of-way, the general configuration of which are also iljustrated by Exhibit A. B. Area(s) iljustrated as lake(s) by Exhibit A shall be constructed a lake or parts thereof may be constr~cted as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, the lake and intermittent wet and dry areas, shall be in the general configuration and contain the same general acreage as shown by Exhibit A. The excavation of these areas shall be in compliance with Ordinance 88-26, as amended. C. In addition to the various areas and specific items shown in Exhibit "A", easements, as necessary (utility, private, semi-public, etc.), shall be established within or along the various tracts. 3.5 PROJECT PLAN APPROV~b ~~.q~TS 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 PUD Master Plan and the platting laws of the State of Florida. Exhibit "A", PUD Maste~r Plan, constitutes the required PUD Development Plan. Subsequent to PUD approval, Preliminary and Final Plans shall be submitted for each tract or parcel within the development and may include, where applicable, the submission and approval of a subdivision Master Plan and Final Plat. All division of property and the development of the land shall be in compliance with the Subdivision Regulations. '1. The provisions of Section 10.5 of the Zoning Ordinance shall apply to the development of all tracts, or parcels of land, prior to the issuance of a building permit or other development order. All amendments to this Ordinance or its Master Plan shall be in compliance with Section 7.27 of the Zoning Ordinance for Collier County, as amended, at the time the amendments are requested. No more than three "Dry Models" may be constructed prior to recording of a plat for the project if applied for by the project owner. Site(s) for the model(s) must conform to zoning standards and be located on a future platted lot. A metes and bounds legal description shall be provided on the site plan required as part of the building permit issuance. Access shall be provided to each model from the model serving as a "Sales Center" or an approved independent "Sales Center". Access shall be for pedestrian traffic only, no paved road will be allowed. A "Sales Center" may be constructed prior to recording of a plat. The "Sales Center" shall be limited to one structure (one building permit). It may be serviced by a temporary utility system (i.e., dry well and septic tank/drainfield) prior to availability of central utility systems at which time connection to the central system will be made. Interim fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available to serve the Center. Review 'and approval of the "Sales Center" shall follow the requirements of the Site Development Plan process (Zoning Ordinance Section 10.5). A metes and bounds legal description shall be provided as part of the application. Access to the "Sales Center" shall be provided by a paved road or temporary driveway which meets County standards. A water management plan must be provided which accommodates the runoff from the "Sales Center", the required parking and access road/driveway and any other impervious surfaces. The system shall be designed to fit in with the master water management system for the entire development. At the time of building permit application for a "Sales Center" a temporary use permit shall be obtained. "Sales Centers" may not be occupied until a Certificate of Occupancy is issued. Models must obtain a conditional Certificate of Occupancy for model purposes only. Models may not be occupied until a permanent Certificate of Occupancy is issued. 79 ~3.8 A~I~_U~_~%~ ~ The following table sets forth the land use breakdown, by acreage, for this Planned Unit Development. ;~ Residential 306 13.6± Retention 0 3.2± . Preserwe 0 14.5± ~ Right-of-Way/Easement ~ _~ 306 34.2± As set forth above, th~s 34.2± acre project is allowed a total of 306 dwelling units, resulting in a density of 9 units per acrs. · 100G ,, 80 SECTION IV RESIDENTIAL DEVELOPMENT STANDARDS PURPOSE The purpose of this section is to identify specific development standards for the areas des~.gnated on Exhibit "A" as Residential. 4.2 MAXIMUM DWELLING UNIT~ The maximum number of dwelling units allowed within this PUD shall be 306. This figure includes Adult Congregate Living Facility (ACLF) units. 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) Multi-family dwellings (2) Townhouses/Villas (3) Garden Apartments (4) Adult Congregate Living Facilities (ACLF) at a density of twenty-six (26) units per acre. B. Accessory Uses: (1) Customary accessory uses and structures, including private garages. (2) Recreational uses and facilities such as swimming pools, tennis courts, children's playground areas, etc. Such uses shall be visually and functionally compatible ~;ith the adjacent residences having the use of such facilities. 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: One (1) Acre. Fee ? ": C. Minimum Yard Re~uirement~: All building line setbacks :~ shall be computed by the following formula: ~'~ 55% of the building height with a minimum of 20 feet. D. Maximum HeiGht of Structures: See Table I. E. Minimum Floor Ar~: 500 Square Feet for ACLF Units. :'' 750 Square Feet for Multi-Family .. Dwellings. 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 the :?i> heights. ~ G. SiGns: As required in the Collier County Sign Ordinance. H. Minimum Off-Street Parking: As required by the Collier !.. County Zoning Ordinance. ,-~ I. Minimum Landscaping Reo%%l~: As required by the · ' Collier County Zoning Ordinance. ~. J. General: 1. Table I sets forth the development standards for land uses within the Residential Area. The development standards are written as separate regulations for particular housing types. They are designed, however, to be used in a cumulative :. manner. ", 2. The cjustering or grouping of housing types may be ?. permitted on parcels of land under unified ownership, or as may be otherwise provided in the Collier County Zoning Ordinance, subject to the !'. review and approval provisions of Section 10.5 of the Collier County Zoning Ordinance and Table I of ',L' this document. ~ 3. All setbacks shall be measured as follows: ' :. a. If the parcel is served by a public right-of- way, setback is measured from the adjacent "~ right-of-way line. b. If the parcel is served by a non-platted /... private drive, setback is measured from the road easement or parcel line. ~.. c. If the parcel is served by a private drive, ,.~ setback is measured from the back of curb or edge of pavement. 4. Standards for parking, landscaping and other land uses not specified herein are to be in accordance with Collier County Zoning Regulations in effect at ~ the time permits are requested. TABLE I MULTI- TOWN- FAMILY HOUSE/ ACLF GArDeN ~. BUILDING 35' 35' 35 HEIGHT 35 ' ~LAKE BANK SETBACK 20 ' 20 ' 20 ' 20 ' HEIGHT OF 20 ' 20 ' 20 ' ACCESSORY 20 ' FLOOR AREA 750 SF 750 SF 500 SF DIST. BETWEEN As Required by the Collier County ~Zoning & Ordinance ACCESSORY YARD See Above Section 4.4C SECTION V PRESERVE AND RECREATION AREA STANDARDS PURPOSE The purpose of this Section is to set forth the development plan and development standards for the areas designed as the Preserve and Recreation Area. The primary function and purpose of the recreation area will be to provide aesthetically pleasing open areas and recreational facilities, except in areas to be used for water impoundment and principal or accessory use areas. All natural trees and other vegetation as practicable shall be protected and preserved. The Preserve Area shall be left in its natural state with the exception of the uses allowed in Section 5.4, herein. ~ - REC~]~~ No building or structure, or part. thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Open Spaces 2. Pedestrian and bicycle paths or other similar facilities constructed for purposes of access to or passage through the commons area. 3. Small docks, piers or other such facilities constructed for purposes of l~.ke recreation for residents of the project. 4. Shuffleboard courts, tennis courts, swimming pools, clubhouses and other types of facilities intended for outdoor recreation. B. Accessory Uses: 1. Small docks, enclosures or other structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 2. Shuffleboard courts, tennis courts, swimming pools, clubhouses and other types of similar recreational facilities. 10 il ~ A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access !i.. streets and parking areas and location and treatment of ~ buffer areas.. B. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. !! (1) Principal Structure - Thirty-five (35) feet. (2) Accessory St~cture - Twenty (20) feet. ~ D. Buildings shall be setback a minimum of fifty (50) feet abutting residential districts and a landscaped and ~,, maintained buffer ~;hall be provided. E. A Site Development Plan, meeting all of the development ~ regulations shall k~ required in accordance with Section ,~,_ 10.5 of the Collier County Zoning Ordinance. ~, F. Minimum off-street parking and loading as required by the Collier County Zoning Ordinance at the time of building permit application. A. Uses determined to be consistent with the intent of the ";~ Preserve Areas, such as nature trail~ and picnic areas. ~ All uses in the Preserve Area shall be shown at the time ~ of Site Development Plan submittal. All uses shall be ~,, mulched in the area of intended use. No permanent ,i structures are allowed within the preserve area. SECTION VI DEVELOPMENT COMMITMENTS ~The purpose of this Section is to set forth the development · commitments for the2.development of the project. All facilities shall be constructed in accordance with Final Site Development Plans, and all applicable State and local laws, codes, and regulations. Except where specifically noted or stated otherwise, tho standards and specifications of the official County Zoning Ordinance and Subdivision Regulations shall apply to this project. The developer, his successor and assigns shall be responsible for the commitments outlined in the document. ~ The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD as adopted and ? any other conditions or modifications as may be agreed to in ., the rezoning of the property. In addition, the developer will agree to convey to any successor or assignee in title any commitments within this agreement. PUD MASTER PLAN A. Exhibit A, PUD Master Plan, iljustrates the proposed development and is conceptual in nature. Proposed tract, · ,~ lot or land use boundaries or special 1and use boundaries ~,. shall not be construed to be final and may be varied at any subsequent approval phase such as may be executed at the time of application. Revision to boundaries and site design shall be subject to the Planned Unit Development Section 7.27j, of the Collier County Zoning ordinance. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. ffi 86 SECTION VII ENVIRONMENTAL STA/qDA_RD$ PURPOSE The purpose of this Section is to set forth the stipulations established by the Env.[ronmental Advisory Council l. Preserve areas, totaling 14.55 acres, as indicated on the conceptual PUD Master Plan, shall be identified by a survey and designated and preserved as a conservation tract on the plat document. Protective covenants pursuant to Florida Statutes shall appear on the plat cover sheet under the dedication or general notes section. 2. Petitioner shall obtain and submit documentation of all required federal and state Jurisdictional wetland permits at the pre-construction meeting. 3. Plans for any required State and Federal wetland mitigation shall be submitted to Project Review Services Environmental Staff, for review and incorporation into the final site plan. 4. A minimumseparation distance between protected wetlands and the proposed lake (wet retention) shall be 200 feet unless the lake is controlled at the lichen line elevation of the adjacent wetland preserve and the lake discharges to the wetland. 5. The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals unless specifically exempted or modified by this PUD document. 6. PUD approval does not absolve th~ applicant from supplying necessary information as required for subsequent site pi.an approval (i.e., wildlife surveys, etc. ). SECTION VIII TR~NSPORTATION REQUIREMENTS ·. The Developer shall: 1. Dedicate 100 'feet of right-of-way along the south property line in addition to the existing 30 foot easement. Road impact fee credits will be granted for this right-of-way to the extent provided in Ordinance 85- 55 as amended. 2. Provide left and right turn lanes and arterial level street lighting at all project accesses along with compensating right-of-way as appropriate for access improvement. Project access shall be for the internal road system with internal access for internal parcels located at a minimum of 150 feet from the pavement edge of C.R. 887 (01d U.S. 41) and/or Livingston Road Extension. 3. Access improvements are not subject to impact fee credits and shall be in place before any certificates of occupancy are issued. 4. Road impact fees shall be as set forth in Ordinance 85-55 as amended and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. 5. Access to the southern 5± acre parcel, located adjacent to this parcel and north of the proposed Livingston Road, shall be provided at the time of the submittal of the Subdivision Master Plan. 5' SECTION IX UTILITIES REQUIREMENTS 9o~ PURPOS~ A. This project shall utilize existing water and utilities facilities. Other than the fees required by Collier County at the time building permits are applied for, no other requirements shall be necessary. 1. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other ~ applicable County rules and regulations. 2. All customers connecting to the water distribution i~.i- and sewage collection f~cilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer, customers shall be customers of the interim utility ~,. established to serve the project until the County's off-site water and/or sewer facilities are '" available to serve the project. 3. It is anticipated that the County Utilities ,:. Division will ultimately supply potable water to ~,~?~ meet the consumptive demand and/or receive and .-. treat the sewage generated by this project. Should the County system not be in a position to supply potable wat~r to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense, will ~ install and operate interim water supply and on- site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet a].l requirements of the appropriate regulatory agencies. An agreement shall be entered ~j into between the County and the Developer, binding on the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient ~.. to the C¢.unty, prior to the approval of construction documents for the project and be in ~:' conformance with the requirements of Collier County Ordinance No. 88-76, as amended. 15 89 4. If an interim on-site water supply, treatment and ii~ transmission facility is utilized to serve the :,~ project, it must be properly sized to supply ~ average peak day domestic demand, in addLtion to fire flow demand at a rate approved by the "' appropriate Fire Control District servicing the project area. 5. The applicant shall extend the force main and water main, presently terminated at Landmark Estates ? Mobile Home Park, up to the project within Old 41 right-of-Way. The size and location shall be coordinated with the County Utilities Division. The developer shall coordinate the sizing, locations, and method of funding of these off-site :<~'. utilities facilities with the Utilities Division prior to submission of construction documents for '~. this project. 16 SECTION X WATER MANAGEMENT REQUIREMENTS PURPOSE .. A. The purpose of this section is to set forth the stipulations established by the Water Management Advisory Board, which shall be required of the project developer. 1. Detailed paving, grading and site drainage plans shall be submitted to County 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 County Project Review Services. 2. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. 3. If applicable, an Excavation Permit will be required fcr the proposed lake(s) in accordance with Collier County Ordinance No. 88-26 and SFWMD rules. 4. Work within Collier County right-of-way shall meet the requirements of Collier County right-of-way Ordinance No. 82-91. 5. All requirements of subdivision ordinance must be ~- met since no variances were requested. 6. Access into each tract as shown on the master plan is informational only. Location and number is subject to Subdivision Master Plan or SDP approval. 7. This project is recommended for approval for rezone purposes only. A Subdivision Master Plan shall be submitted which complies with. all the design standards of the Subdivision Regulations unless specific exceptions are requested and supported by sound engineering practices during its approval process. Approval of this rezone does not constitute an approval to any subdivision design standards contained within the petition or supporting drawings or exhibits. The zoning petition master plan submitted shall not be considered to suffice for the Subdivision Master Plan required pursuant to Collier County Ordinance 76-06, as a~ended. 17 8. The project shall be platted in accordance with Collier County Subdivision Regulations to define the right-of-way, tracts, and easements as,,i-~hown on the master plan. ? ~~ ~'' ~ ~ CONCEPTUAL MEADOW BROOK ESTATES ~ ~~~~ PUD MASTER ATTACf~NT "B" DES~I~ION A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 10, TOW%;SHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDa, BEING · 'MORE PARTICULARLY DESCRIBED AS FOLLOWS: ]~ AT THE SOUTHWEST CORNER OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 03°05'30'' W., ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10, FOR A ?~ DISTANCE OF 1318.46 FEET TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 10; THENCE RUN · N. 89°59'42'' E., ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTh'WEST 1/4 OF SAID SECTION 10, FOR A DISTANCE OF 1753.41 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF OLD TAMIAMI TRAIL, FLORIDA STATE ROAD NO. 45 (C.R. 887, FORMERLY U.S. 41), A 150.00 FOOT RIGHT-OF-WAY; THENCE RUN S. 31"22 '30" W., ALONG SAID WESTERLY RIGHT-OF-WAY LIKE, FOR A DISTANCE OF 917.39 FEET; THENCE RUN N. 90" 00'00" W. FOR A DISTANCE OF 620.39 FEET; THENCE RUN S. 11"18'37" E. FOR A DISTANCE OF 97.82 FEET; THENCE RUN S. 02" 23'46" E. FOR A DISTANCE OF 134.53 FEET; . THENCE RUN S. 20" 01 ' 14" W. FOR A D/STANCE OF 138.74 FEET; THENCE RUN S. 03"08'37" W. FOR A DISTANCE OF 44.00 FEET TO A POINT 130.00 FEET NORTHERLY OF, AS M~EASUP. ED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10; THENCE RUN S. 89"52'47" E., PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10, FOR A DISTANCE OF 398.24 FEET TO A POINT ON THE WESTERLY RIGHT- . OF-WAY LINE OF FLORIDA STATE ROAD NO · 45; THENCE RUN S. 31" 22' 30" W. , ALONG SAID WESTERLY RIGHT-OF-WAY LINE, FOR A .~· DISTAl;CE OF 152.07 FEET TO A POINT ON THE SOUTH LINE OF THE · SOUTHWEST 1/4 OF SAID SECTION 10; THENCE RUN N. 89"52'47" W., ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10, FOR A DISTANCE OF 878.25 FEET TO THE POINT OF DEGINNI~4G,· CONTAINING 35.25 ACRES, MORE OR LESS. -- SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THOSE AS SIiOWN ON THE STATE OF FLORIDA DEPARTMENT ~ OF TRANSPORTATION RIGHT-OF-WAY MAP OF STATE ROAD NO. 45, SECTION "' 0301-250, COLLIER COUNTY, FI~RIDA, SHEET 3. HEADOW BI~OOK ESTATES 94 OF FLORIDA ) ~ ' I, JAMES C. GILES, Clerk of Courts tn and for the 'TWentieth Judicial Ctrcutt, Collier County, Florida, do e~rttf~ that th~ for~otn~ 1~ ~ truo cop~ of: Ordlnance No. which was adopted by the Board of County Commissioners on ~the 22nd day of January, 1991, during Regular Session. WITNESS my hand and the official seal of the Board of Coll~lty Commissioners of Collier County, Florida, this 29th ~da¥ of January, 1991. Clerk of Courts and Cle~i."' Ex-officio to Board of-~f · ~,- County Commissioners ', s/Maureen Kenyon ~..' ' Deputy Clerk.