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Ordinance 85-21PO~TED AR~ OF ~IN~ ~E ZONINO A~S ~ N~ER ~8-25-3 BY CH~GING ~E ZONING ~SSIFICATION OF ~E H~EIN DESCRIBED R~ PROPER~ ~OH UNIT DEV~O~T PROVIDING ~ EF~CTIVE DATE~ ~NEREAS, ~illiam R. Vines, petitioned the Board of County Co-~ieeioners to change' the Zoning Classification of the herein described real propertyI NOW, THEREFORE BE IT ORDAINED by the Board of County Commllaionere of Collier County, Florida: SECTION ONEz The Zoning Classification of the herein deJcrlbed real property located in Sections 5, 6, 7, and 8, Township 48 South, Range 25 East, Collier County, Florida is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD document attached hereto aa Exhibit "A" which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Number, Number 48-25-3, aa described in Ordinance 82-2, ie hereby amended accordingly. ~ECTION T~O~ This Ordine~ca ahall become affectivl upon receipt of notice that ie hca been filed with the Secretary of State. : ', DATE; BO/~D OF COUNTY CO~[ISSIONERS COLLIER CO~ ""* E ~,. ~/LE,R ~1 ~o~e flied with ~a~ of ~fe's o~ ~k~d~eme~t PDA-85- lC Ordinance STATE OF FLORIDA ) COUNTY OF COLLIER ) I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County" , Florida, do hereby certify that the foregoing fa a true original ore ORDINANCE NO, 85-21 which was adopted by the Board of Coun~.y Commissioners during Regular Session on the 4th day of June, 1985. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, t~iis 21st day of June, 1985. .. ~. . . . ..., ,,f, <." ... WILLIAM J, RF, A~,, '.-,%\.~.,'."'~:'{:' r.,, .. . Clerk of Courts and, Clerk:.; ,.:'.,...,.. Ex-Off/cio Co Board of ,' "-' County Commissioners ~.., ,'.;:?.J',h:: - ... , ~. ~:,,,.),,t, ...... : . ~, .a'ag....._. / ".Zzf:"3: .... ...' .: '.' .... ~.,,...-?.:., y. ~. ,0~, 0~0,,,,~128. BAREFOOT BEACH A i, PLANNED UNIT DEVELOPMENT BY LELY ESTATES, INC. 5101 East Tamlaml Trail Naples, Florida 33962 This PUD emends PUD ordinance 77-q8 Revised: May 23, 1985 PREPARED BY VINES $ ASSOCIATES, INC. 715 Tenth Street South Naples, Florida 339q0 MARCH 1985 DATE ISSUED ~tareh 21. lC)CS DATE APPROVED BY CAPC ~nv 2_ 19998.5 DATE APPROVED BY BCC .I'Ve ,~. 198.5 ORDINANCE NUMBER R5-21 ~,00K SECTION SECTION SECTION IV SECTION V SECTION VI SECTION VII SECTION VIII SECTION IX SECTION X SECTION XI SECTION XII SECTION XIII SECTION XIV SECTION XV SECTION XVl PROJECT IMPROVEMENTS SECTION XVII ENVIRONMENTAL ADVISORY COUNCIL STIPULATIONS £ECTION XVIII PROTECTIVE COVENANTS INDEX PROPERTY OWNERSHIP PROJECT DEVELOPMENT 3 thru PLAT'TED LELY BAREFOOT BLOCKS A through K LOW DENSITY SINCLE FAMILY RESIDENT. IAL LELY BAREFOOT BEACH UN'IT #1 11 thru 12 TRACT A CATEHOUSE COMPLEX SITE PLATTED LELY BAREFOOT BEACH UNIT #1 13 thru 15 · TRACT B .' COMMUNITY RECREATION CENTER #1 SITE PLATTED LELY B.\REFOOT BEACH UNIT #I 16 TRACT C LANDSCAPED ENTRANCE DRIVE STRIP PLATTED LELY BAREFOOT BEACH UNIT BEACH CARDENS A through K PLATTED LELY BAREFOOT BEACH UNIT # I 19 TRACT BF BEACHFRONT COMMON OPEN SPACE TRACT D, LOW DENSITY SINCLE FAMILY 20 thru 22 RESIDENTIAL DEVELOPMENT TRACTS E, F, C, H, and I 23 thru 28 LOW TO MID-RISE SINCLE OR MULTI-FAMILY RESIDENTIAL DEVELOPMENT TRACT J: UTILITY S~TE TRACTS K $ L; COMMUNITY RECREATION AREAS 30 thru 31 TRACTS M, N, S O: MANCROVE PRESERVES 32 EXCEPTIONS TO COUNTY SUBDIVISION RECULATIONS UTILITIES CONDITIONS 33 thru 34 35 thru 40 41 thru ~1~1 45 thru q6 47 thru $8 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.I. PURPOSE: The purpose of this Section Is to set forth the location and ownership of the property, and to describe the existing conditions of the property to be developed under the project name: BAREFOOT BEACH. I.;~. LEGAL DESCRIPTION: See attached. I. 3. ZONING HISTORY AND PROPERTY OWNERSHIP: All of the subject property was zoned PUD on 9-27-77 by Ordinance 77-68. Lely Barefoot Beach Subdivision Unlt #1, a part of the area zoned PUD by Ordinance 77-q8, was flied on 8-7-78. A portion of the homesltes within Lely Barefoot Beach Unit #I have been sold and private residences constructed thereon. Development standards set forth In this PUD document which govern the homesltes In Lely Barel~oot Beach Unit #1 are unchanged from the development standards previously approved as a part of' PUD document 77-~18. All of the property wlthin this application other than previously sold lots In Lely Barefoot Beach Unit #1 is owned by Lely Estates, Inc., the PUD applicant. This PUD regulatory document and Exhibit "A", the PUD Master Plan, amends the PUD regulatory document and Master Plan ed.opted by PUD Ordinance 77-q8 . GENERAL DESCRIPTION OF PROJECT AREA: The project site occurs In the northernmost two miles of gulf beachfront land In Collier County. It Is accessible from the north via Bonita Beach -I.- . ,oo a2o , 131 ami Road. It is bounded on the north by the Collier/Lee County line, the west by the Gulf of Mexico, the south by ,the south llne of Section 8, Townshlp qB S, Range 25 E, and the east by Little Hickory Bay and the waterway which extends southerly from Little Hickory Bay to W|gglns Pass. Gulf front lands between the Barefoot Beach property and Wiggins Pass to the south are Owned by the State of Florida. The property lies within Area "A" of the Colllar County Water-Sewer District and wlthln Collier County Water Management Dlstrlct 117. PHYSICAL DESCRIPTION The project fronts on the Gulf of Mexico. The physical characteristics Include oulf fro~tlng sand beach; Iow dunes end developable uplands behind the beach; and mangrove wetlands and tidewaters east of the developable uplands. The developable area Is dellm[ted on the west by Coastal Construction Control regulations and on the east by wetlands protection regulations. Elevations within the project area range from sea level to 9.5 feet above sca level. The highest elevation Is the crest of a coastal dune which lies landward of the sand beach. Natural land slopes and natural drainage Is both gulfward and bayward from the crest of' the dune. Soil types In the project area are mangrove swamp and coastal beach. The coaltal beach soils, where developmental activities have occurred and are planned, are composed of sand and shell and ara highly permeable. Water management plans for the project rely primarily on shallow catchment areas and ground Infiltration. 1:32 SECTION II PROJECT DEVELOPMENT 2.1. PURPOSE The purpose of thls Section Is to describe the development plan; the land uses within the plan; and to set forth maxlmum density and development crlterle. 2.2. GENERAL Ae Development of the Barefoot Beach PUD shall occur In accord with the contents of this PUD document and applicable sectlons of' the Collier County Zoning Ordinance. Unless otherwise noted, the definitions of all terms used In this document shall be the same as definitions set forth In the Collier County Zoning Ordinance. No physical change and no regulatory change Is pla~med ~'or the single family homesltes within platted Lely Barefoot Beach Unit #1, nor to the mangrove preserve areas committed by the original PUD to be preserved In their natural condition, In perpetuity. Uses permitted, development standards, and related regulations applicable to Lely Barefoot Beach Unit #1 single family homesltes and to the three mangrove preserve areas are unchanged from the originally approved Master Plan and PUD document. 2.3. PROJECT PLAN AND LAND USE TRACTS A. The project plan, Including street locations, tract boundaries, land usa and number of dwelling units permitted in the various tracts -3- ara graphically Iljustrated by Exhibit "^", the Barefoot Beach PUD Master Plan. 1. Platted Lely Barefoot Beach Unit II, Blockl A through K: Low denalty single family realdentlal a2.$0 ecrea 2. Platted Lely Barefoot Beach Unit !1, Tract A= Gatehousacomplex alta .91 acres 3. Platted Lely Barefoot Beach IJnlt #1, Tract B; Community Recreation Center tl slte 3.31 ..:'res q. Platted Lely Barefoot Beach Unit #1, Tract C: Landscaped entrancedrlve strip 1.36 acres 5. Platted Lely Barefoot Beach Unit #I, Road right of way 5.37 acres 6. Road right of way ~outh of Platted Lely Barefoot Beach Unit #1 10.63 acres 7. Tract D: Low density single family residential 2.53 acres 8. Tract E: Single or Multi-family residential 10.qq acres' 9. Tract F: Slngleor Multi-fatally residential 29.00 acres 10. Tract G: Single or MulH-famUy residential lq,85 acres 11. Tract H: Single or Multi-family residential 66.06 acres 12. Tract I: Single or Multi-family residential 11.97 acres 13. Tract J: Utilitarian s}te 2.25 acres lq. Tract K: Community recreation site 2.78 acres 15, Tract L: Community recreation slte 22.86 acres 16. Tract M: Mangrove preserve 6~.21 acres 17. Tract N: Mangrove preserve 23.q7 acres 18. Tract O: Mangrove preserve 19.0~1 acres Open Water area 128.11 acres Gross project area q61.65 acres 134 The meandering north/south project access road shown on the master plan is constructed as Lely Beach Blvd. f,rom Its Intersection with Bonita Beach Road to the south llne of' the plat of' Lely Barefoot Beach Unit #1. The road alignment f,rom the south line of the plat of' Lely Barefoot Beach Unit #1 to the south I/ne of' the project has been approved by local, Itata, and federal agencies, and Is partially constructed. In addition to platted Lely Barefoot Beach Unlt Itl and Tracts D through O which are shown on Exhlblt "A", easements (utility, prlvate, seml-publlc, etc.) have been or will be established within or along the various ~.racts as may be necessary or deemed deslrable to serve the project. 2.11. MAXIMUM PROJECT DENSITY No more than a maxlmumof 690residential dwelling units, slngle and multi-family, shall be constructed In the total project area. The gross project area Is qG1.G5 acres, of whlch 128.11 acres Is open water and 333.54 acres Is upland and mangrove vegetated wetland. 690 units divided by 333.54 acres results In a gross project density of 2.07 dwelling units per acre. 2.5. PROJECT PLAN APPROVAL REQUIEEMENTS Exhibit "A" constitutes both the PUD Master Plan of, development and the Barefoot Beach Subdivision Ma,~ter Plan. Prior to development of' Tracts D through O which are sho~vn on tho Master Plan, detailed site development plans shall be submitted to and approved by the appropriate Collier County government agencles, which shall Insure that the detailed -5- site development prans conform to the Master Plan~ the terms of this PUD document; and the site development plan approval process which Is set forth in the Zoning Ordinance at the time approval Is sought. Prior to the recording of' additional subdivision plats within the Barefoot P, each project, final planl for' the required subdivision Improvements shall receive the approval of Iii appropriate Collier County governmental agencles to Insure compliance with the approved PUD Master Plan, ~,~ County Subdivision Regulations, and the platting laws of the State of Florida. The PUD Master Plan Indicates that the meanderlng north/south access road extends from Bonita Beach Road to the south boundary of the project. Vehicular access to the state owned lands south of the Barefoot Beach project I! to occur via this north/south access road. No modification may be made to this road as planned which would Interfere with access to the state owned land to the south. -6- SECTION III PLATT£D LELY BAR£FOOT BEACH UNIT # 1 BLOCKS A through K LOW DENSITY SINGLE FAMILY RESIDENTIAL 3.1. PURPOSE The purpose of this Section Is to sat forth development regulatlon$ applicable to Platted Lely Barefoot Beach Ut' ,' 11 1, 8locks A through K. 3.2. MAXIMUM DWELLING UNITS A maximum of' 91 single family homasites may be constructed within platted Lely Barefoot Beach Unlt !11, Blocks A through K. 3.3. USES PERMITTED No bulldlng or structure, or part thereof, shall be erected, altered, or used, or land used, In whole or part, for other than the following: A. Prlnclpal Uses: Single Family Residences: Indlvic:ual homesltes may consist of single platted Iot~, multiple lots and/or fractions of' adjolnlng Iot~. B. Accessory Uses: (1) Customary accessory uses and structures, h~cludlng pti, ate garages. (2) Signs as permitted In Section 8.31 of'Ordinance 82-2. -7- ,oo 020. , -137 Model homes shall be permitted In conjunction with development and sale of' the project° Such model homes Ihall be converted to private residences wlthln two years of construction comple- tion, unless otherwise speclflcally approved by the county. 3. J~. REGULATION 3. q. 1. ~:q.2. GENERAL: All yards, setbacks, etc. shall be in relation to homeslte boundaries, whether such homesitea consist of a single platted lot, ~ ,:~olnlng lots, end/or fractluns of' adjoining lots. MINIMUM HOMESITEAREA: When a single platted lot is utlllzed as a homeslte, the mlnlmum lot area shall be the area of' that lot, as platted. When a homeslte Is comprised of' multiple lots and/or f,ractlons of' adjoining lots, the minimum homesite area shall equal or exceed the area of' the largest platted lot which comprises a portlon of the homeelta. 3.q.3. MINIMUM LOT WIDTH: When a homeslte is comprised ora single platted lot, the minimum lot wldth shall be as shown on the plat. When a homeslte is comprised of adjoining lots and/or f,ractions of' adJolnlng lots, the minimum lot width shall equal or exceed the width of' the largest pl~tted lot which Is a portion of' the homeslte. MINIMUM YARDS: Yards which abut Lely Beach Boulevard: 25 f'eet. Required yards sbuttlng Lely Beach Boulevard are also easements within whlch utllltles, walkways, etc. may be Installed. B. Yards which abut an access drive right of' way which extends westerly from Lely Beach Boulevard: 10 t'eet. -8- C. Yards whlch abut an adJolnlng homeslte: 7{ feet D. Yards whlch abut a Beach Cerden; none Ee Gulf front yards: No structure may extend gulf'ward of the line approved by the Trustees of the Internal Improvement Fund as a varlance to the State Coastal Setback Llne, approved by the Florida Department of Natural Resources (Covernor and State Cabinet) on 12-17-7q. 3.11.5. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES : 3. A. One story- 1,200 square feet of Ilvlng area exclusive of garages or unenclosed patios, decks or porches. B. Two atory- 2,000 square feet of living area exclusive of garages or unenclosed patios, decks or porches. OFFSTREET PARKING REQUIREMENTS: 3.11.7. Two parking spaces par single family rasldence. MAXIMUM HEICHT= 3.11.8. Two stories above the minimum base flood elevation required by the floor elevation ordinance. When the first habitable floor is raised a sufficient height above ground level to permit the under- building area to be used for automobile parking and other utilitarian purposes, that underbulldlng area shall not be deemed to be a story. STRUCTURAL REQUIREMENTS FOR RESIDENCES: Special structural requirements designed to protect beachfront residences t'rom storm tide and wave damage are Incorporated. in the State of Florida approved protective covenants for the Lely Barefoot Beach pr~oJect as contalned In Coastal Setback Line Variance #7~1-75-V ~10.: These construction standards shall be applicable to all r;esldances developed in Block A through K of ~'latted Lely Barefoot Beach Unit #1. SECTION IV PLATTED LELY BAREFOOT BEACH UNIT TRACT A: GATEHOUSE COMPLEX SITE 4.1. PURPOSE The purpose of this Section Is to establish development regulations for platted Lely Barefoot Beach Unit #1, Tract A. USES PERMITTED 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: An entry gate facility whereln security against road entry by unauthorized per~ons or vehicles will be provided. Public access through or around the entry gate, along the principal access road, and to publicly owned and operated facilities shall be permitted as directed by the public agencies which operate the public facilities, The gatehouse facility may contain dwelling units for resident employees of the project, which employee dwelling units shall be included in the maximum 690dwelling units permitted within the total project. Addition- ally. the gatehouse complex may Incorporate administrative, maintenance. and utilitarian activities and storage facilities for the Barefoot Beach pro~ect as a whole. During the period when the project Is being marketed, development administration and sales offices may be located In the gatehouse complex. Prior to construction of the gatehouse complex or subsequent modifications thereto, flnal plans shall be approved by the Community Development Administrator. -11- B. Accessory uses: (i) Customary uses and structures. [2) Signs as pei'mltted by Section 8.31 of Ordinance 8:2-2. Jt.3. MINIMUM SETBACKS . Lely Beach Boulevard: none, Portions of' the security gatehouse ' facility may extend Into and over Lely Beach Boulevard right of way. B. Angullla Lane: 25 feet, C. North property line: 25 feet. ~l,q. OFFSTREET PARKING Six spaces, plus two spaces for each employee dwelling unit. q.5. MAXIMUM HEIGHT Two stories above the minimum base flood elevation required by the Flood Elevation Ordinance, -12- SECTION V PLATTED LELY BAREFOOT BEACH UNIT'#l, TRACT B: COMMUNITY RECREATION CENTER tl SITE 5.1. PURPOSE The purpose of this Section Is to establish developmental regulations for Platted Lely Barefoot Beach Unit #1, Tract B; Community Recr~,~tion Center tl Site. 5.2. USES PERMITTED No building or structure, or part thereof, shall be erected, altered, or uses, or land used, In whole or part, for other than the following: A. Principal Uses: Recreation structures and facll]tles, including boat docks and related facilities which extend Into the water's which adjoln Tract B. Bo Accessory Uses: [1) Customary uses and structures. (2) Signs as permitted In Section 8.31 of Ordinance 82-2. -13- J $..1. MINIMUM SETBACKS A. Lely Beach Boulevard: 50 feet B. Waterfront yard: none C. East and south property line: 25 feet $.~1. OFFSTREET PARKINC REQUIREMENTS As required by Collier County Zoning Regulations in effect at the time that permits are sought. $.~.. MAXIMUM HEICHT Two stories above the minimum base flood elevation required by the Flood Elevation Ordinance. 5.6. DEVELOPER REQUIRED IMPROVEMENTS WITHIN TRACT "B" The developer shall make Improvements to Tract "B": Community Recreation Center #1 site. In accord with Exhibit "B", which Is hereby made a part of thla PUD document. Community Recreation Center #1 site and all structures, recreation facilities, and other Improvements thereon shall be owned In common by all owners of residential homesltes In Lely Betel'eot Beach. Prior to Issuance of building permits for development of the recreation center complex, the development plan shall be reviewed and approved by the Community Development Administrator, who shall also ensure adequacy of offstreet parking spaces. The Barefoot Beach development sponsor shall complete all Improvements Indicated by Exhibit "B" prior to Issuance of the S0th residential building permit. In the event that the development sponsor has not completed development of the Improvements Indicated on Exhibit "B" after issuance of q9 residential building permits, no further -14- building permits shall be Issued until the Exhibit "B" Improvements have either been completed, or surety acceptable to' the county In the amount of 110~. o~' the cost to complete the Exhibit "B" Improvements has been posted with the county to guarantee completion, No approval Is given at this time for any boat ramps, boat docks; hoists. shoreline modll'lcations, or any other water oriented facilities. All such matters shall be handled separately by all governmental agencies with Jurlsdlctlon over waterfront development, at some future date, Any recreation center development other than that described on Exhlblt "B" 4/~all t~e the responsibility of' the property owners' assoclatlon which own~ ~d ha~ the benef'lclal use of' the center, -15- SECTION VI PLATTED LELY BAREFOOT BEACH UNIT # I, TRACT C: LANDSCAPED ENTRANCE DRIVE STRIP $.1. PURPOSE, The purpose of this Section ls to establish development regulations for .Platted Lely Barefoot Beach Unit #10 Tract C:' Landscaped Entrance Drlve Strlp. 6.2. USES PERMITTED No bulldlng 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: (I) Ornamental project entry features; (2] portions of, or facllltles related to the gatehouse complex; [3) docks, which may extend from Tract C Into theadJolnlng waters, subject to the availability of' dock construction permits. B. Accessory Uses: [1) Customary uses and structures. (2) Signs as permitted in Section 8.31 et' Ordinance 82-2. SECTION VII PLATTED LELY BAREFOOT BEACH UNIT 11 BEACH GARDENS A through K 7.1. PURPOSE The purpose of this Section Is to establish development regulations for Platted Lely Barefoot Beach Unit 111, Beach Cardens A through K. 7:2. USES PERMITTED 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: Each beach garden area shall be owned and used In common by owners of theabutt[ng single family homesltes. Permitted Improve- ments Include landscaping, swimming pools, shaded sitting areas, plcnlc facilities and the like. All structures lying seaward of the State Coastal Control LIn~ require Issuance of a variance by the State Department of Natural Resources. 7.3. MINIMUM SETBACKS No specific setback standards are set for the structures and facllltles which are ancillary to permitted recreatlonal and ornamental useaga of the beachfront commons sites, but all structures to be erected within the beachfront commons shall be located so as to pose the least possible vlew obstruction or privacy Invaslon to residential sites adjoining the commons. Prior to Improvement of · beachfront commons, the Improve- ment plans Includlng tiopograph[c modifications, structural facilities. location, landscaplng, etc. shall be approved by theCommunlty Development ^dmlnJstrator' who shall Insure that the pJans comply ~vlth the terms of th~ PUD ordinance and applicable other gOvernmental regulations. -18- SECTION VIII PLATTED LELY BAREFOOT BEACH TRACT BEACHFRONT COMMON OPEN SPACE 8.1. PURPOS~E , The purpose of' this Section Is to establish development regulations for Platted Lely Barefoot Beach Unit Iti, Tract BF. 8.2. USES PERMITTED 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: No structures are parmlttad. Thls b~achfront strip of land shall be devoted to customary beachfront recreational useage. SECTION IX TRACT D; LOW DENSITY SINGLE FAMILY RESIDENTIAL DEVELOPMENT g,1, PURPOSE The purpose of this Section Is to establish development regulations for the area Indicated on Exhibit "A" as Tract D: Low Density Single Family Resldentlal. 9.2. MAXIMUM DWELLING UNITS A maximum of four single family dwelling units may be constructed In this tract. 9.3. USES PERMITTED 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: Single family residences. B. Accessory Uses: (I} Customary accessory uses and structures including private garages. (2) Signs as permitted In Section 8.31 of Ordinance 82-2. -20- (3) Model homes shall be permitted in conjunction with development and sa~a of the project, Modal homes shall be converted to private residences within two years of construction completion, unless otherwise specifically approved by the county, 9. q. REGULATIONS g.q.1. GENERAL= All yards, setbacks, etc. shall bain relation to homeslte boundaries. 9. q.2. 9.~1.3. MINIMUM LOT AREA: MINIMUM LOT WIDTH: 6,000 square feet 60 feet g. q. ~I. MINIMUM YARDS: A. Yards which abut Lely Beach Boulevard: 25 feet, which minimum yard Is also an easement In which utilities, walkways, etc, may be installed. B. Yards which abut an access drive right of way which extends westerly from Lely Beach Boulevard: 10 feet. C. Yards which abut an adjoining homeslte: 7~ feet D. Yards which abut beachfront common open spaces: none. Cull front yards: no structure may extend gulfwar'd of the line approved by the Trustees of the Internal Improvement Fund as a variance to the State Coastal Setback Line, approved by the Florida Department of Natural Resources (Governor and State Cabinet) on -21- 9. q.s. 9oq.6. 9. q.7. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES Ae One story- 1,200 square feet of living area, exclusive of garages or unenclosed patios, decks or porches. Two story- 2,000 square feet of living area exclusive of garages or unenclosed patios, decks or porches. OFFSTREET PARKING REQUIREMENTS Two parklng spaces per single family residence. MAXIMUM HEIGHT 9.q.8. Two stories above the minimum base flood elevation required by the flood elevation ordinance. When the first habitable floor is ralsed a sufficient height above ground level to permit the under- building area to be used for automobile parking and other utllltarlan purposes, that underbulldlng area shall not be deemed to be a story. STRUCTURAL REQUIREMENTS FOR RESIDENCES Special structural requirements designed to protect beachfront residences from storm tide end wave damage are Incorporated In the State of Florida approved protective covenants for the Lely Barefoot Beach project as contained In Coastal Setback Line Variance #7q-75-V #0. These construction standards shall be applicable to all residences developed In Tract D. -22- SECTION X TRACTS E, F, G, H, and I SINGLE OR MULTI-FAMILY RESIDENTIAL DEVELOPMENT 10,1. PURPOSE The purpose of this Section Is to establish development regulations for the areas designated on Exhlblt "A" as Tracts E, F, G, H, and I: Low to Mid-rise Single or Multiple Family Residential. 10.2. SITE PLAN APPROVAL REQUIREMENTS A. In the event an entire tract Is to be developed as a unified project, · detailed end dimensioned site plan Indicating building types and location, number of' dwelling units, roadways, drives and parking areas, recreation facilities, and other accessory uses and structures shall be prepared and submltted for approval by the appropriate Collier County agencies, prior to the Issuance of building permits. The site plan approval process shall be that which Is set forth In the Zoning Ordinance at the time site plan approval is sought. In the event that a tract Is to be developed In fractional parts, each parcel developer shall submit a detailed and dimensioned site plan to approprlatc Collier County agencies, Indicating building types and location, number of dwelling units, roadways, drives and parking areas, recreation facilities, and other accessory uses and structures. Prior to approving the development plan f'3r the parcel, the county shall Insure that the plan compiles with the Barefoot Beach PUD Master Plan and regulations, and applicable other county ordinances. The site plan approval process shall be that which Is set forth In the Zoning Ordinance at the time site plan approval Is sought. 10.3. USES PERMITTED 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) Detached single family resldences. (2) Attached si.ngle family residences such as villas, zero Iotllne homes, cjuster homes, townhouses, etc. (3) Two family residences (a,) Multiple family residences (5) Common recreational areas Accessory Uses: (I) Customary uses and structures. (2) Signs as permitted in Section 8.31 of Ordinance 82-2. (3) Model dwelling units shall be permitted In conjunction with the promotion of the pro~ect. Such model dwelling units shaU be converted to privately owned dwelling units at the end of a two year period unless otherwise speclflcaUy approved by the county. Iq) Docks, either Individual or common. MAXIMUM PERMITTED DWELLING UNITS Tract E: '80 units Tract F: 308 units Tract G: 100 units Trach H: 77 units Tract I: 30 units Tha maximum number of dwelling units permitted on Individual tracts E, F, G, Ho end i may be Increased or decreased by I0~, provided that tho gross project dwelling unit maximum of 690 dwelling units is not exceeded. 10.5. REGULATIONS 10.5.1. 10.5.2, GENERAL: All yards, setbacks, etc. shall be in relation to the Indlvlduui tract or parcel boundaries. MINIMUM LOT AREA: 6,000 square feet for detached single family dwellings, q,000 square feet per dwelling unit for two family structures. 3,000 square feet per dwelling unit fat three or more dwelling unit structures. I0.5.3, MINIMUM LOT WIDTH: 60 feet for single family dwellings; 100 feet for two or more family dwellings; I0.5. zl. MINIMUM YARDS: A. Yards which abut Lely Beach Boulevard: 25 feet. Required yards abutting Lely Beach Boulevard are also easements wlthln which utllltles, walkways, etc. may be Installed. B. Yards which abut a public or private street right of way other than Lely Beach Boulevard: 10 feet or 1/2 the bulldlng height, whichever is greater. C. Yards which abut an adjoining homeslte: 7{ feet or 1/2 the butlding height, whichever is greater. D.. Yards between a.dJoinlng bulldlngs on the same site: 15 feet or 1/2 the sum of the building heights, whichever is greater, except that in the case of cjustered development wherein the alta plan has been approved by the appropriate Collier County agency, separation between buildings may be less, E. Yards which abut beachfront common open space: none. Cull front yards: no structure may extend gulfward of the line approvcd by tho Trustees of the Internal Improvement Fund as a variance to the State Coastal Setback Line, approved by the Florida Department of Natural Resources (Covernor and State Cabinet) on 12-17-76. C. Waterfront yards other than gulf front: 30 feet or 1/2 the building height, whichever Is greater. H. Rear yards other than waterfront: 25 feet or 1/2 the building height, whichever Is greater. -26- 10.5.5. 10.$.6, MINIMUM DWELLING UNIT FLOOR AREA: Each residential unit shall have a minimum floor area of 1,200 square feet. MAXIMUM BUILDING HEIGHT: Tract E, G, and H: four habltable floors, with the option of having one floor of parking and associated non-habitable utilitarian space beneath the first habitable floor, B. Tract F: six habitable floors, with the optlon of having one floor of parking and assoclated non-habitable utllltarlan space beneath the first habitable floor. Ce Tract I: two habitable floors, with the option of having one floor of parking and associated non-habltable utilitarian space beneath the first habitable floo~'. 10.5.7. 10.5.8. OFFSTREET PARKING REQUIREMENTS: As required by Collier County regulations In affect at the time permits are sought. STRUCTURAL REQUIREMENTS FOR BEACH FRONT BUILDINGS: Special structural requirements designed to protect beachfront buildings from atorm tide or wave damage are incorporated In the State of Florida approved protective covenants for the Lely Barefoot Beach project as contained In Coastal Setback Line Variance #7q-75- V 40. These construction standards shall be applicable to all buildings developed In Tracts E, F, and G. -27- 020 10.5.9. 10. S. I0. MAXIMUM BUILDING COVERAGE IN TRACTS The ground coverage by permitted resldontlal structures In Tracts E, F, ~, G shall not exceed the maximum resldantlal structure ground coverage In the same beachfront development strip which was permitted under the PUD document which this PUD modlf,lea. That previously permitted maximum ground coverage by residential buildings was 51 9, q$5 square f,eet. BEACHFRONT CORRIDORS WITHIN WHICH DWELLING UNIT CONSTRUCTION IS PROHIBITED: Upon Joint determination by the County Engineering Department and the Baref.oot Beach project engineer of~ the beachf'ront locations which are most susceptible to erosion, pass breakthrough, or other storm damage, dwelling unit construction shall be prohibited at those points. The dwelling unit construction prohibition areas shall be Ilmlted to two 150 foot wide corridors, extending f,rom the CuFf' of' Mexico to the north/south access road rlght-of,-way. Offatreet parking, tennls courts, and small scale recreation f,acllltlea may be placed in the corridors which are prohibited from dwelling unit construction. -28- SECTION Xl TRACT J: UTILITY SITE 11.1. PURPOSE ~he purpose of this Section Is to establish development regulations for the area designated on Exhibit "A" as Tract J: Utility Site. 11.2. USES PERMITTED No building or atructure, 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) Utllltarlan facilities such as grounds maintenance equipment storage; utlllt¥ pumping stations; water storage tank; vehicular parking; or similar project serving facilities. Prior to utilization of Tract J, the plan for its utilization shall be submitted to and approved by the appropriate Collier County' agencies, which shall Insure that the. planned uses are appropriate on the slte; that the location of the planned Improvements Is appropriate; and that If the facilities to be Installed warrant screening, the necessary fencing and/or landscaping Is Installed. SECTION XII TRACTS K & L: COMMUNITY RECREATION AREAS 12.1. PURPOSE The purpose of thls Sectlon Is to establish development regulations for the area designated on Exhibit aaa as Tracts K ~, L.' Community Recreation Areas. 12;2. USES PERMITTED 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: Community recreation useage, Including buildings which will accom- modate community social and recreational activities; outdoor recreation facilities; parking and utilitarian fac,lilies customarily associated with community recreation areas. Prior to development of' recreation areas K and/or L, development plans shall be submitted to and approved by the appropriate Collier County agencies, which shall Insure that the proposed uses and their physical arrangement Is appropriate, and that applicable County regulations are complied with. The site plan approval process shall be that which Is set forth In the Zoning Ordinance at the time site plan approval is sought. 12.3. MAXIMUM BUILDING HEIGHT Two habltabre floors. 1BO ,', 12.~. MINIMUM YARDS .? Yards which abut Lely Beach Boulevard: 25 feet, which minimum yard is also an easement In which utilities, walkways, etc. may be Installed. Gulf' front ya~s: no Itructure may extend gulf'ward of t~e' line approved by the Trustees of the Internal Improvement Fund es · variance to the State Coastal Setback Line, approved 'by the Florida Department of' Natural Resourcee (Governor and State Cabinet) on 12-17-7tt. 12.5. OFFSTREET PARKING REQUIREMENTS As required by the Collier County Zoning Ordinance at the time permits are epplred for. 12.6, POLLING PLACES TO BE PROVIDED Upon request by the Collier County Supervisor of Elections. community recreation facilities shall be made available al polling places. -31- SECTION XIII TRACTS M, N, $ O: MANGROVE PRESERVES 13.1. PURPOSES The purpose of thls Sectl0n Is to establish development regulatlons for' the area designated on Exhibit "^" as Tracts M. N. t, O; Mangrove Preserves. 13.2. USES PERMITTED No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or port, for other than the following: A. Principal Use~J: Natural ar~ preservation. No land modification or' structures are permitted. 13.3. PRESF~T;E OWNERS}{IP Title to Tracts M, N, -,~d O shall bm dedicated to Collier County or a (bllier Oounty approved gov~rr~ental agency or conservat/on organtzatioll. -32- SECTION XlV EXCEPTIONS TO COUNTY SUBDIVISION RECULATIONS 1~.1. PURPOSE The purpose of this Section Is to set forth the County Subdivision Regulations which ere waived or modified In connection with the platting of the Barefoot Beach Subdivision. I~,. 2. EXCEPTIONS Article X, Section 16: Sidewalks and Bicycle Paths : A 5 ft. wide sidewalk/bicycle path shall be constructed along the west side of the principal north/south access road. Article X, Section 19- Street Name Markers and Traffic Control Devices: Street name signs shall be approved by the County Engineer but need not meet the U.S.D.O.T.F.H.W.A. Manual of Uniform Traffic Control Devices, Street pavement painting0 strlplng, and reflectlveedglng requirements shall be subject to county engineer approval, but need not meet standard county requirements. Article X, Section 2q - ~n_~: The requirement that utility casing be Installed at Intersections is waived. This waiver Is granted provided that the Installation of subsurface construction such as water lines, sewer lines and public utilities is completed prior to compaction ol' the subgrade end roadway construct Ion. -33- Article Xl, Section 1 - Access: Polntl of vehicular access to lots shall be located a minimum of 30 ft, from any Intersectlng street right of way lines, Article Xl, Section 10- Monuments: /~onument$ which ere placed within street pavement areas need not be Installed In · typical water valve cover, aa prescribed In the current County Standards. Article XI, Section 16 - Solid Waste Collection and Handl____._.~ln_g. Faciiltles: The developer shall not be responsible for garbage receptacles at Individual residences or multi-family structures. Article XI0 Section 17- Ceneral: H. Dead-End Streets: The requirement that de~d end .~treets not exceed one thousand [1,000} feet in tength is waived. I. Curb Radii: Edge-of-pavement radll at street Intersections shall be e minimum of 30 -34- 15.1. 15.2. 15.2.1. 15.2.2. SECTION XV UTILITIES CONDITIONS PURPOSE: The purpoie of this Section ii to Iet forth utilities conditions established by the Collier County UtlIItleI Dlvlslon. WATER $ SEWER Central water' distribution and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of- way or within utility easements required by the County shall be conveyed lu [he County for ownership, operation and malntcnance purposes. All water and sewer faculties constructed on private property end not re-. qulred by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his asslgns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to Insure they meet Collier County's minimum requirements at which tlme they will be conveyed or transferred to the County, when required by the Utllltlns Division, pursuant to appropriate County Ordinances and Regulations In effect at the time conveyance or transfer Is requested, prior to being placed into service. All construction plane and technical specifications and proposed plats, applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities DIvision prior to commencement of construction. 1S.2.3. 15.2.5. All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County In accordance with the County*a established rates. Should the County not be In a position to provide water and/or sewer service to the prolect, the water and/or sewer customers shall be . customers of the Interim utility established to serve the project until the County*a central water and/or lawer facilities are available to serve the project. For Interim utility systems, a review of the proposed rates and subsequent approval by the Board of County Commissioners . must be completed prior to activation of the water and sewer facilities servicing the project. Rate reviews must be In full compliance w'lth Cou'nty Ordinances No. 76-71 and 83-18 as amended, revised or superseded. It Is anticipated that the County Utility Division will ultimately supply potable'water to meet the consu.mptive demand and/or receive and treat the sewage generated by this project. Should the Coun[y system not be In a position to supply potable water 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 all requirements of the appro- priate regulatory agencies. An agreement ,-hall be entered into between the County and the Owner, legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating that: e) The proposed water supply and on-site treatment facilities and/or on-site wastewater treatment and disposal facilities, If required, are to be constructed aa part of the proposed project and must be regarded as Interlm; they shall be constructed to State and Federal standards and are to be owned, operated and maintained -36- 020, 166 15.2.6. by the Owner, his assigns or successors until such time as the County's Central Water Facilities and/or Central Sewer Facliltles are available to service the project. Prior to placlng the water treatment, supply end distribution and/or sewage collection, transmission and treatment facilities into service the Developer shall submit, to the Collier County (Utility Rate and Regulation Board) for their review and approval, a Ichedula of the rates to be charged for providing processed water and/or sewage treatment to the project area on an Interim basis until the County's central water and/or sewer facilities are available to serve the project. b) Upon connection to the County's Central Water Facilities, and/or Central Sawer Facilities, the Owner, his assigns or successors shall abandon, dismantle and remove from the site the Interim water and/or sewage treatment facility and discontinue usa of the water supply source, If applicable, In a manner consistent with State of Florida standards. All work related with this actlv!ty shall be performed at no cost to the County. c) Connection to the County's Central Water and/or Sewer Facilities will be made by the owners, their asslgnsor successors at no cost to the County within 90 days after such facilities become available. The cost of connection shall Include. but not be limited to, all engineering design and preparation of construction docu- ments, permitting, modification or refitting of sewage pumplng facilities, Interconnectlon with County central facllltles, water and/or sewer lines necessary to make the connection[s), etc. At the time County central water and/or sewer facilities are available for the project to connect with, the following water' and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations In effect at the time: -37- 15.2.7. I] All water and/or sawer facilities constructed In publicly owned rlghts-o~'-way or within utility easements required by the County within the project limits and those additional facilities required to make connection with the Countyts central water and/or sewer facilltles~ or', 2) All water and sewer facilities required to connect the p~'olect to the County's centr'al water' and/ur sewer facilities when the on- site water and/or sewer facilities ara constructed on private property and not required by the County to be located within utility easements, Including but not limited to the following: a) Main sawa.qe lift station and force main Interconnecting with the County central facllitle's including all utility easements necessary; b) Water distribution facilities from the point of connection with the County's central facilities to the master water meter serving the p~'oject, Including all utility easements necessary. The customers served on an Interim basis by the utility system con- structed by the Owners shall be customers of the County at the time when County central water and/or sewer facilities are available to serve the project and such connection Is made. Pr']or to connection of the project to the County's central water and/or sewer facilities the Owner, h~s assigns0 or successors shall turn over to the County a complete list of' the customers served by the Interim utilities system and shall not compete with the County for the service of' those customers. The Owner shall also provide the County with a detailed Inventory of' the I'acllltles served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. -38- 15.2.8. 15,2.9. 15.2.10. 15.2.11. All construction plans and technical specifications related to connections. to the County's Central Water and/or' Sewer Facilities will be submitted to the Utilities Dlvlslon for review and approval prior to commencement of construction. The Owners, their assigns or successors agree to pay all applicable system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit request. This requ)rement shall be made known to ell prospective buyers of' properties for which building permlta will be required prior to the start of building construction. The County at Its option may lease for operation and maintenance the -- water dlstrlbutlon and/or sewage collection and transmission system to the project owner or his assigns for the sum of $10.00 per year. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water s.uppIy, treat- ment and distribution facilities and/or the sewage collection, trans- mission and treatment facilities. The Lease, If required, shall remain In effect until the County can provide water and/or sewer service through Its central facilities or until such time that bulk rate water and/or sewer service agreements are negotiated with the Interim utility system serving the project, Data required under County Ordinance No. 80-]12 showing the availability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. 1.5.2.12. If an Interim on-site water supply~ treatment and transmission facility Is utilized to serve the proposed project, It must be properly sized to supply everage and'peak day domestlc demand, In addition to fire flow demand at e rate approved by the appropriate Fire Control District servlclng the project area. SECTION XVI PROJECT IMPROVEMENTS I$.1. PURPOSE The purpose of this Section Is to set forth the physical improvements which shall be installed by the developer or his successor in title. 16.2. IMPROVEMENTS PEDESTRIAN BICYCLE PATH: A pedestrlan/blcycle path shall be developed along the westerly edge of the main north/south access road, at the time that the road Is developed. The pedestrian/bicycle cart path may be located In part within the road right-of-way and In part within the drainage and utility easement which lies adjacent the westerly edge of the road right-of-way, as approved by the County Engineer and/or the County Utllltles Division. . B. PRESERVATION OF EXISTING NATIVE PLANT MATERIAL; LANDSCAPE PLAN; LANDSCAPE I.RRICATION AND MAINTENANCE PROGRAM: A basic project objective is to retain the natural vegetative quality of' this typical southwest Florida coastal area, both through careful preservation of existing good native vegetation and through relocation and/or Importation of native plant materials. ~.~/hen construction sites contain cabbage palmetto, seagrape, or other native plant material which has a useful landscape purpose and the capability of being transplanted, such material shall be transplanted to the project open spaces. No modification shall be made to natural vegetation or to the land aurface gulfward of the westernmost residential development sites. When the bayfront sites are developed, the existing shoreline and associated native wetland vegetation is to be retained in Its existing state. No seawalls shall be constructed or other modification made to existing shorelines. Prior to the Issuance of any alteration, permits, the development sponsor shall sbbmit deta~led plans, Including all -ql- pertlnent data, to the Natural Resources Management Department for review and approval. Selective clearing of trees and other native vegetation shall be exerclsed. Protected trees, nattve vegetation, and other desirable areal shall be clearly flagged or otherwise marked, and a protectlve fence of · type acceptable to the Natural Resources Management Department shall be erected along the limits of clearance lines or the limits of the protected areas. The fence shall not be removed until such time es all site work Is completed. RoADs AND DRIVES: All project roads and drlvas, within approved rights-of-way, main north/south road, minor residential streets In the backbay portion of the plan, and the beachfront cjuster access drives, are to be commonly owned and maintained by the property owners' association. The construction specifications of project roads and drives shall be as follows: Maln North/South Road= 26 ~'t. pavement width within a 60 ft. right- of-way, aligned as shown on the Master Plan. Beachfront Cjuster Access Drives: 18 ft. pavement width within a 50 ft. right-of-way, aligned as shown on the Master Plan or on approved Site Development Plans. _Backbay Roads: 20 ft. pavement width within a 60 ft. right-of-way, aligned as shown on the Master Plan or on approved Site Development Plans. !mprovements In Bonita Beach Road Rl~lht-of-Wa¥: The developer shall provide a left turn storage lane at the project entry road, per DOT design requirements, as part of the Initial project road Improvements. An extra travel lane shall be constructed by the developer at the entry gate, permitting security checks without blocking traffic flow. De If and when a traffic Ilght at the entrance Intersection is deemed warranted by DOT, the developer or' his successor In title shall contribute bls pro-rata share to the cost of the light. Recorded Prlvate Access Easement Extendln from Bonita Beach ~ Barefoot Beach Lands: The recorded easement extending southerly from Bonita Beach Road through Barefoot Beach lands shall be vacated prlor to approval of construction plans or record plat for any Barefoot Beach lots which are affected by said easement. Main North/South RoadConstructlon Timing: The main north/south access road extending from Bonita Beach Road to the south line of the Barefoot Beach project shall be constructed by the developer, with construction completion occurring no later than June q, 1989. STREET LIGHTS: Street lights will be Installed by the project sponsor In the locations Indicated on the approved subdivision plan and/.or approved Site Development Plans, as applicable. The project developer or the project property owners' association reserves the right to Install street lights at more frequent Intervals. Street light f;xtures shall be ornamental, Iow Intensity, and free of glare which constitutes a nuisance to nearby hem.sites. STORMWATER MANAGEMENT: There shall be no project stormwater collection and distribution facility which connects directly with tide water. Any dralnageway crossing the north/south access road shall discharge via .~preader facilities into upland mangrove, through which It shall sheet flow toward tide water. Detailed plans and specifications for all water management features within the project shall be submitted to and approved by the County Water Management Advisory Board as well as by any other governmental agency with Jurisdiction, prior to final plan approval. When development of back bay waterfront hem,sites or recreation areas occurs, no seawalls shall be constructed and no other modifications shall occur to the land at the water.l edge or within ten feet of the mean high tide line except for such boating related improvements as may later be authorized by all gover.nmental sgancles with Jurisdiction. No portion of the project area shall be ': modified by an Individual lot owner, so as to drain dlr'actly to tide SIGNS AND OFFSTREET PARKING AREA LANDSCAPING: Collier' County r.egulatlons dealing wlth signs and offstreet parking area .'. landscaping shall be applicable to the Barefoot Beach project, . .. PUBLIC BEACH: Although not a part of this PUD pr.eject, the Barefoot Beach project sponsor, has dedicated a tract of beechfront land to Collier County for public beach recreation use, The dedi- cated tract lies adjacent and Immadlately north of this PUD, The tract dimanslons ere 600 feet of gulf frontage by 180 feet In depth. The north Collier. County line is the north boundary of the dedlcated tract, In addition to the dedicated beachfront tract, the Barefoot Beach project spon~or has committed to dedicate a tract of' land sufficiently large to accommodate a minimum of 100 oft'street parking spaces to serve the public beach, and to construct the offstr.eet parking facility. Commlttment Is hereby made that the offstreet parking facility land dedication and physical Improvement In accord with County approved plans will be completed no later than June ~, 1986, WATER STORAGE TANK: PRESSURE PUMPING FACILITIES= If deemed necessar.y to meet County Utility Division requirements, the Barefoot Beach development sponsor shall Install water storage tanks and booster pumps In Tract "J", or elsewhere as directed by the Division. SECTION XVII ENVIRONMENTAL ADVISORY COUNCIL STIPULATIONS 17,1. PURPOSE The purpose of this Section Is to set forth standard requirements of the Environmental Advisor*/ Council relative to site clearing, retention and reinforcement of native vegetation, elimination of exotic plants, and archaeological or historical site protection. 17.2. STIPULATIONS 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 on 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 site 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. Ne.rive species shall be utilized, where available, to the maximum extent possible In the site landscaping design. A landscaping plan will be submll, ted 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, It' any. The goal of site landscaping shall be the r.e- creation of native vegetation end habitat 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 -q$- @20 .1.'75 areas, and preserve areas, Following site development a maintenance program shall be Implemented to prevent relnvaslon of the site by such exotic species, This Plan, which will describe control techniques and . Inspection Intervals, shall be filed with end approved by the Natural '~,'' Resources Management' Department and the Community Development De If, during the course of site clearing, excavation, or other construc- tional activities, an archaeological or historical site, artifact, or other;.~. Indicator Is discovered0 ell development at that location shall be Immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or · designated consultant to assess the find and determine the proper course of actlon In regard to Ira salvageability. The Natural Resources Manage- moat Department will respond to any such notification in a timely end efficient manner so as to provide only a minimal Interruption to any constructional actlvltle's. t SECTION XVIII PROTECTIVE COVENANTS DECLARATION OF PROTECTIVE COVENANTS FOR BAREFOOT BEACH 18.1. PURPOSE The purpo~4~ of this Section Is to set forth the protective covenants which are applicable to the hereinafter described property. These protective covenants are of record In Collier County Official Record Book 7~5, Pages 1699 through 1707. The covenants are hereby. Included within this PUD document, as recorded. 18.2. DECLARATION OF PROTECTIVE COVENANTS BAR~FOOT BF. ACH THIS DECLARATION, made on the date hereinafter set forth by Lely Estates, Inc. hereinafter referred to as DEVELOPER. WITNESSE~H~ DEVELOPER iS the Eee simple owner of certain lands in Collier County, Florida, described as: ..... As per the legal description attached hereto and labeled Exhibit "A"- .... -a7- WHEREAS, DEVELOPER will convey said lands or portions thermof subject to protpctiv~ covenants, con- ditions, restrictions, easements~ rmserva=ions, lien right, and charge rights, as herein set forths NOW, T~EREFORE, DEVELOPER hereby declares that. the above described property shall be held, sold, and conveyed subject to the following restrictions, covenants, and conditions, all of which are established for =he sole purpose of enhancing and protecting the value,'attractlvsness, and pleasant living quality of BAREFOOT BEACH. These -- covenants shall run with the land unless te.-minated as h~in&f=er se= forth and shall be binding on all p~r=ies, whether grantees, mortgagees, devisees, heirs, personal representatives, successors or assigns, or any other person claimin9 right, title, or interest, present or future, in the described property, or any par= or portions thereof. I DEFINITIONS: As used herein the following, definitions shall apply: DEVELOPER shall mean and refer to Lely Estates, Inc., a Texas Corporation authorized to do business in Florida, its successors in ownership or its assigns. OWNER shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any real estate included within Exhibit "B" attached 'hereto and including those having an lntsrest merely as security for the performance of an obligation. A. The first floor f£nished el~vation for residential units shall not be less than +14.5 feet Mean Seal Level datum. The elevations of the bottom of the structural me,T~ers supporting the first finished floor, with the exception of piling, shall be not less,than +13.0 feet Mean Sea Level datum. B. The structures foundations thereof and snieldlng struc- tures (see Paragraph C) shall be designed by an engineer. licensed in the State of ~lorida. The foundations and principle structures shall be designed to safely accept a 200 mph wind loan in accordanca with the loading system set forth in the South Florida Building Code. The structures shall be pile supported with pile tips no= less than elevation minus 15 feet Mean Sea Level datum. The piling shall be concrete with a 12 inch minimum side dimension and they shall be designed to accept lateral loads equivalent to 5.~000 lb~. per horizontal foot multiplied by the width/ di~.e=er in feeu of the piling, applied at an elevation of 11.0 feet ~ean Sea Level datum. This load shall be considered to act simultaneously with =he above described wind load. The piling shall be at least 8 fee= apart, measured from centers of the piling. C. All shielding structures below the level of elevation +13.0 Mean ~ea Level shall be frangible and designed to blow out at & wind load of 90 mph. If such structures are ,. connected to the frame or the piling, the frame and pil£ng · must be designed to withstand the lateral loads described '.;~! i~ Paragraph B above and an additional load of 80 pounae square foot applied uniformly over the connected structu=e.. D. The de'sign engineer shall certify on the plans for the structure that the structure has been designed in accordance. wi~h these restrictions. E. These restrictions shall apply to all residential bulldh ings a~d other structures of similar design llfc located within the aras described in Exhibit "B". F. There shall be no excavaZion seaward of the Coastal ~ Cons=ruction Setback Line which would reduce the existing ground'elevations, or result in =he permanent destruction of existing dunes ridges. This res=fiction shall not preclude excavation for pile foundations, utilities, or non-permanent excavations. G. Additional deed restrictions which are no= inconsistent with the above covenants and do not lower the standards established by these restrictions shall not be precluded. H. No construction shall be permit=ed seaward of the property described in Exhibit "B", or in those areas held in ownership lying west of =he Coastal Construction Setback Line. In the event that the Coastal Construction Setback Line es- tablished in Collier County pursuant to Section 161.053 Florida Statutes, shall be repealed by legislation or determined un- constitutional or invalid by any Court of competent and such determination has become final end not Sub~ect tO fu=- 'ther Judicial review, the covenants and restrictions herein set may be abandoned by an act of a majority of' the ownerm of the land set forth in Exhibit "A". I. Variances or waivers to these restrictions shall be only if approved in writing by the Florida Department of Natural Resources or other State Agency exercising Juris- diction over coaotal construction and if the variances or waivers are also approved by the DEVELOPER. r i7OZ III MODIFICATION OF COVENANTS: The DEVELOPER hereby reserves the right to make reasonable modifications to these covenants, except for Sections II, A through I inclusive and ~his section, from time to time, either by way of additions, deletions, or changes, so that it may better assure the protection of the value, desirability and attractiveness of the subdivision. These covenants are supplemental to and independent of any zoning, present or futura, of the County of Collier. No variance or zoning change permitted by the County shall in any way be construed to reduce or modify the covenants contained herein. XV ..ACCEPTANCE OF COVENANTS BY LOT OWNERS~ Each OWNER, by a¢oept- ~lng an lnteres~ in any l°t, hereby and thereby agrees to be b~nd by all the ~ondittons, limitations, reservationl, and reltrictions as oontained herein, and in the even= of a breach agrees to pay all costs, including a reasonable attorney's fee, for the enforcement of these covenants. V R~tEDIESz. In the event of a violation or breach of any of these rest. tic,lye cove.~an~, the DEVELOP~or ~ny grou~ Of ~Ve (5) owners shall have the right to proceed at law or in equity to compel compliance wl~h the terms hereof or to prevent =he violation or breach of any of ~hem. The failure to enforce any right, reservation, restriction, condition or limitation herein contained, however long continued shall not be deemed a waiver of the right to do so thereafter. The invalidation by a court of any covenant herein contained shall not in any way a~fect any of th~ other c~venants, which shall remain in full force and effect. Any delinquent OWNER agrees to pay a reasonable attorney fee for the ~nforcement of these use r~stricCio~s. VI This Declaration of Protective Covenants shall be incorporated in any Declaration of Condo~inium pertaining to the real estate includ_R~d within~Exhibit "B". -52- July 18, 19B~ ltonorable William J. Reagan, Clerk of Circuit Court Collier County Courthouse Complex Naples, Florida $3962-4977 Attention: Louise Chesonis, Deputy Clerk Dear Mr. Reagan: Pursuant to the provisions of Section 125.86, Florida Statutes, this will acknowledge: 1. Receipt of your lettor/s of July 15, 198S and ~ copy/les of Re: Collier County 85-21 Ord. Add: Page No. S2 of Collier County Ord. No. BS-21/Loly Barefoot ~OICh "FUU 2. Receipt of County Ordinance/s relative to: (a) which we have numbered (b) which we have numbered 3.We have £iled this/tln~m C~r~anceCs) in this office on Jull~pu~m~_~~nclgBS. 4. The original/dul~i~'m~e copy/ica showing the filing date is/~ being returned for 7our records. Cordially, (Mrs.)~LCloud, Chief Bureau of Administrative Code LC/mb Enclosure (1) ~.~i.'i.E~ch owner of the property seaward of th~ Coastal Construc~ion Setback Line shall notify =he State of Florida, Department of Natural Resources, in writing of the intent to build ~ny structure seaward of the Coastal Constr~ction Setback Line, not less than 15 days prior to the commencement of such coDstruction. This notic~ shall be accompanied by two sets of construction plans aha sp~cifications for ~he pro- posed struc=ures, cer=ified in accordance with Sec=ion II D of thoro covenants by a Professional ~ngineer, registered in =he Stat~ of Florida. -53- IN WITNESS WHEREOF, LELY ~STAT~S, INC., has caused this Declaration of Protective Covenants to be signed b~ hereto this 7th day of ~,r : · ,, · .. , ..... ./ ...... ~ ". (CO~O~TE S~) :?:. STATE OF FLORIDA ~.. COUNTY OF COLLIER '/~ ' . I }{E~BY CERTIFY that on thi~ day, before me, a Notary Public duly authorized in the State and County named above to take acknowled~en~s, personally appeared the above named, CHRISTIAN W. DU~KOT, well known to me to be the person described as Vice-President of the above n~med corpora%ion ~11 known =o me =o be the person who executed =he foregoing Declaration of ~rotuctive Covenants in the name of and for that corporation. WITNESS my hand and official seal in the county and . day of April , 1928 . state above this 7~h (NOTARY SEAL) --5~'L 48 $ou~ha Ranga ~$ ~na~ Co~a~ Coun~ya ~n 0.~. Book ~8~ Pages 255 ~hvough 2~0~ . $ oh~oh ~o~ma a par~ ot ~ha Bonita 2~£~. Ona o~ Ona ST^~LEV W. HOEE AND Coven-~n:s, ~ Beach Commencing a: the Northeast corner of Section thence run N 89"49'01" W along the north line of maid Section 6 for 3,396.61 feet to a concrete monument marked "GAC Mon~nent", the~,ee run S 18"21'46"E for 704.53 feet, thence run N 71"38'14" E for 78.14 fee=, thence run S 19'47'42" E for 2.00 feet to the Pein= of ~eginning. Thence 'S 19'47'42" E 72.50 feet,thence:.~un;'Slg"47'49" E 199.77 fee=, thence S 18"21"36" E 198.80 feet, thence S 19'47'09" E 201.67 feet, thence $ 21'24'08" E 200.07 feet,'thence $ 18'45'21" E 199.81 fee=, thence $ 21'00'58" E 253.28 feet, thence $ 23'42'40" = 347.33 feet, thence S 17"19'38" Z 200.70 feet, thence S 15'51'58" E 198.55 feet, thence S 18'57'59" E 201.89 feet, thence S 18"40'23" E 203.22 feet, thence S 18"42'19" E 195.48 feet, thence S 18"41'20" E 199.90 feet,. thence S 20'07'08" E 202.50 feet, thence S 15'45'11" E 196.57 feet, thence S 15'51'36" E 202.23 feet, thence S 17"14'16" ~ 198.29 feet, thence S.19'19'29" E 201.56 fee=, thence S 17'36'12" £ 199.30 fee=, thence S 19"02'34" E 200.39 feet, thence S 20'28'32" Z 199.82 feet, thence S 21"54'3!"E 199.89 fee=, thence S 19'29'00" E 200.87 feet, thence S 19'46'23" E 198.41 feet, thence S 22"37'47" E 200.45 fee=, thence S 22"37'54" E 200.31 feet, thence S 21"11'51" E 200.65 feet, :hence '$ 18"20'24" E 200.52 feet, thence S 17"36'13" E 200.67 feet, ~hence $ 17'12'07" Z 199.88 fem=, thence S 17"12'52" E 202.87 fee=, thence S 17"11'32" E 200.18 feet, thence S 15"44'i1" E'196.48 feet,.. thence $ 18"01'04" E 202.24 feet, thence S !8"00;12" E 399.70 feet, %hence S iS°05'~9'' E 199.51 feet, January 17, -56- .thence S 18°00'13" ~ 200710 fee=, thence S 17"59'37" E 197.71 feet, ~ce S 19"30'57' ~ 206.42 feet, %hence $ 19"34'$8" ~ 199.63 fee%, thence S.18°08'40" E 199.89 feet, thence S 12°16'21" E 195.S4 feet, $ 16"45'17" E 204.92 feet, thence $ 18"08'19" ~ 200.64 fee=~ thence S 16e06'39" E !99.66 feet, thence S 17"37'35" E 197.06 fee=, ?thence S 17"37'48" E 200.30 fee=, thence S 14"46'$I" E 201.14 fee=, ~:'~hQnce S. 19°0~'25" E 200.54 fee=, thence S 16e44'29" K 198.29 fee=, kir. thence $ 16°20'36" E 197.85 feet, thence N 88"27'55" E 294.26 feet · '& ~henco N 17'43'15" W for 3,423.45 feet, thence 408.0~. fee= alon~ the arc of a curve having a radius of 440.05 feet, con:tel angle of 53"07'51" chord bearing N 00"08'29" W, ~hunco N 16'36'34" W for 147.36 femt, thence N 11"24'44" W for 870.08 fee~, thence 173.47 feet along ~he arc of a curve having a radius of 435.72 feet, central angle of 22"48'37",.chord bearing N 15"52'16" W, :hence N 23' 31'22" W for 846.68 feet, thence 339.22 fee~ along =he arc of a gurve having a radius of 170.00 feet, central angle 114"19'48" 'and chord bWarlng of N 37"21'13" W, thence N 18"33'43" W for 1,09!.74 feet, =hence N 13°40'49" W for 848.65 fee%, thence 111.54 feet along a curve having a r&diu$ of 170.00 feet, central angle 37"Z~'28" and chor~ bearing N 22"39'49" W0 ~hence N 41"27'33" W for 150.80 feet, thence 102.61 feet along a curve having a radius of 230.00 fao=, central angle of 25°3~'46" chord buarin~ N 28°40'40.. W, %henc~ $6.96 feet along the arc of a curve having a radius of 8~9.95 feet, central anglo of 5"52'22" and chord bearing X ~8"~$'5R" ~{, thence N 18°57'02'' W -57- for 1,212.87 foae, ehenca 71.12. feae along ~h~ arc o~ a curve havin~ t~.:.~diu; of 105.~ fmcs, c~n~r:l angle of 38*4G'2S" chor~ b~ar!n~ :."26'4g'44'' I~', ~h0ncm N 46e0~'57'' t~ for 58.~7 f~et, :henc~ 36.24 'cmn:ral angle of 4'51'08" chord bearing N 43"41'24" Z ~hence N 7"46'54" hW for 721.21 fee=, ~hmnc~ 334.52 ~ee~ along ~hearc of a curve having "' a radium'of 227.96 fee=, cen=ral angle 84'04'40" chord bearing N ~6e19~26" W, thence S 71e38'14" l{ for 185.59 foe=, =hence N 19*47'42" W for 10.0! foe=, th~nc~ S 71'38'14" W for 72.02 fee= =o =he Pein= of Beginning. -58- BAREFOOT BEACH LEGAL DESCRIPTION: The subject property abuts the Gulf of Mexlco on the west and the ~nlond tidal waters of the state on the east. It extends in o north/ south direction for approximately two relies and lles very near lhe northern Collier County line. The preclse legal description ls as follows~ Ail lend lying In Section 5t Sectlon 6t Section 7~ and Section 8~ Townshlp 48 South~ Range 25 East~ Collier County~ Florldo~ lylng west of the agreed upon boundary llne as described and recorded In OR Book 68~ Pogel 235 thru 250~ Incluslvet In the Public Records of Collier County~ Florida, less and except the following dascrlbed Porcelz Bogle at Ihe northeast corner of Section 6~ 148S~ R25E, thence run west along the north line of said Seatlon 6 a distance of 3,396.61 feet to a set GAC monument~ thence continue to run we~t along sold north line of Section 6 a distance of 80-J: feet~ to the mean high water llne of the Gulf of Mexico, thence run In o southeasterly direction along the mean high water llne to the intersection of said mean high water line and a llne bearing S 71 ° 38' 14" W from a point located S 18° 21' 46" E a distance of 704.53 feet from the above noted GAC monument, Thence run N 71' 38' 14" E a distance of 80~: feets to the above located polnt~ thence continuing N 71 ° 38' 14" E a dlstonce of 150.16 feet~ thence N 19° 47' 42" W a distance of 41.01 feet~ thence N 68' 45' 00" E a distance of 580.00 feet~ thence S ~7° 01t 27" E to a point 50 feet beyond and seaward of the mean high water llne of the small water body extending westerly from Little HIckory Bayr thence meandering northerly end easterly along a Itne $0 feet seaward of the mean high water line al,',ng lands abutting the south side of' Bonita Beach Road (SR-865) to tho east llne of Section 6, T 48 S, R 25 E~ thence north along the east llne of sold Section 6 to the point of beglnnlng. ,! L? ,I THIS DECLARATION, made on the date hereinafter set f'orth by Lely Estates, Inc. hereinafter referred to as DEVELOPER ia the fee simple owner of certain lands in Collier County, Florida, described asr ..... As per the legal description attached hereto and labeled Exhibit "A"- ..... WHEREAS, DEVELOPER will convey said lands or portions thereof subject to protective covenants, conditions, restrictione, easements, reservations, li~n right, and charge rights, as herein set forths NOW, THEREFORE, DEVELOPER hereby declares that the above described property shall be held, sold, and conveyed subject to the following restrictions, covenants, and conditions, all of which are established for the sole purpose of enhancing and protecting the value, attractiveness, and pleasant living quality of BAREFOOT BEACH. These covenants shall run with the land unless terminated as hereinaf'ter set forth and shall be binding on all parties, whether grantees, mortgagees, devisees, heirs, personal representatives, successors or assigns, or any other person claiming right, title, or interest, present or future, in the described property, or any part or portions thereof. DEFINITIONS~ As used herein the following definitions shall apply~ DEVELOPER shall mean and refer to Lely Estates, Inc., a Texas Corporation authorized to do business in Florida, its successors in ownership or its assigns. / ,/ OI, v'N~R shall mean and refer to the record owner, whether ,lOne or I?x:}re persons or entities, of the fee 'simple title to any real estate inoluded within ~xhibit "B" attached hereto and including those having an interest merely as security for the performance of an obligation. II. A. The first floor finished elevation for residential units shall not be less than +14.5 feet N.G.V.D. The elevations of the bottom of the structuzal members supporting the first finished floor,.with the exception of.piling, shall be not less than +13.0 feet Mean Sea Level datum. B. The structures foundations thereof and shielding structures (see Paragraph C) shall be designed by an engineer licensed in the State of Florida. The foundation and principle structures shall be designed to safely withstand the effects of a'hurricane force wind of 140 mph acting at a point 30' (feet} above the average surrounding ground level as set forth in the latest edition to the Southern Building Code, Southern Building Code Congress International, Inc. The structures shall be pile supported with pile tips'not less than elevation minus 15.0 feet N.G.V.D. The superstructure shall be directly supported either by concrete piling or by concrete colu~s. If the pilings are directly connected to the superstructure they shall extend without splice from th~ tip elevation to the underside of the support structure. If the superstructure is supported by concrete colums, the colums shall be supported by concrete pile caps, the top elevation of which shall be no higher than + 3.0 N.G.V.D., and the pile caps shall be supported by concrete piling. The supe~- structure support men, ers -- either columns or piling -- shall have minimum side dimensions of 12 inches, shall be designed to support the previously described superstructure loads combined with a lateral load of 5,000 lbs. x the side dimension of the member in feet applied to each member at elevation 11.0 N.G.V.D.' ,./O.R. 869 PG 0.R. 867 PG .The above described support structure shall be ~,,, closer to- gether than 7 feat clear distance. C. All shielding structures below the level of ',](~vation +13.0 Mean Sea Level shall bm frangible and designed t(J blow out at a wind load of 90 mph. Fastenings shall be desigj,~d to fail when the surface is subject to a uniform load of 40 lbs. per square foot. D. The design engineer shall certify on the plans for the structure that the structure has been designed in accordance with these restrictions and consideration has been given to the Design Wave Force Analysis performed by the Department of Natural Resources, Bureau of Beaches and Shores, recorded and attached hereto as Exhibit E. These restrictions shall apply to all residential buildings and other structures of similar design life located within Lhe area described in Exhibit ~'B" F. There shall be no excavation seaward of the Coastal Con- struction Setback Line which would reduce the existing ground dunes ridges. This restriction shall not preclude excavation for pile foundations, utilities, or non-permanent excavations. G. Additional deed restrictions which are not Jnconsisten% with the above covenants and do not lower the.standards established by these restrictions shall not be precluded. H. No construction shall bo permitted seaward of the described in Exhibit "B", or in those areas held in common ownership lying west of the Coastal Construction Setback Line. In the event that the Coastal Construction Setback Line established in Co~lier County pursuant to Section 161.053 Florida Statutes. shall be repealed by legislation or determined unconstitutional or invalid by any Court of competent jurisdic- tion and such determination has become final and not l,ubJeCt to further judicial review, the covenants and restrict~ons herein set may bo abandoned by an act of a majority of tile owners. of the land set forth in Exhibit ma". O. IC 869 O.R. 86'7 1. Variances or waivers to these restrictions shall be valid only if approved in writing by the Florida Department of Natural Resources or other State Agency exercising Jurisdiction over coastal construction and if the variances or waivers are also ~approved by the DEVELOPER. MODIFICATION OF COVENANTS~ The DEVELOPER hereby reserves the right to make reasonable modifications to these covenants, except for Sections II, A through I inclusive and this section, from time to time, either by way of additions, deletions~ or changes, so that it may better.assure the protection of the value, desirability and attractiveness of the subdivision. These covenants are supplemental to and independent of any zoning, present or future, of the County of Collier. No variance or zoning change permitted by the County shall in any way be con- strued to reduce or modify tho covenants contained herein. IV ACCEPTANCE OF COVENANTS BY LOT OWNERSI Each OWNER, by accept- ing an interest in any lot, hereby and thereby agrees to be bound by all the conditions, limitations, reservations, and restrictions as contained herein, and in the event of a breach agrees to pay all costs, including a reasonable attorney's fee, for the enforcement of these covenants. V REMEDIESI In the event of a violation or breach of any of these restrictive covenants, the DEVELOPER or any group of five (5) owners shall have the right to proceed at law or in equity to compel compliance with the terms hereof or to prevent the violation or breach of any of them. The failure to enforce any right, reservation, restriction, condition or limitation herein contained, however long continued shall not be deemed a waiver of the right to do so thereafter. The invalidation by a court of any covenant herein contained shall not in any way · affect any of the other covenants, which shall remain in full force and effect. Any delinquent OWNER agrees to pay a reasonable attorney fee for the enforcement of these use restrictions. VI This Declaration of Protective Covenants shall be incorporated in any Declaration of Condominium per~aining to the real estat~ ~ncluded within Exhibit VII Each owner of the property seaward of the Coastal Construction Setback Line shall notify the State of Florida, Department of Natural Resources, in writing of the intent to build any structure seaward of the Coastal Construction Setback Line, not less than 15 days prior to the commencement of such construction. This notice shall be accompanied by two sets of construction plans and specifications for the proposed structures, certified in accordance with Section II D of these covenants by a Professional Engineer, registered in the State of Florida. VIII These Amended Declarations are intended to replace those Declaration of Protective Covenants dated the ?th day of April, 1978 and filed in Official Record Book 745 pages 1699-1707 of the Public Records of Collier County, Florida. IN WITNESS WHEREOF, LELY ESTATES, INC., has caused this Amended Declaration of Protective Covenants to be signed by its duly authorized off,car and its corporate seal affixed hereto th~s__f_ day of ~, 1PS0. SIG?ff~' IN T.~. RESENCE OF= ~.~ t S Vice-President (CORPORATE SEAL) O.R, 867PO STATE OF FLORIDA ~- COUNTY OF COLLIER '~?.'" I HEREBY CERTIFY that on this day, before me, a Notary Public duly authorized in the State and County named above to take acknowledgments, personally appeared the above named CIIRISTIAAN W. DUVEKOT, well known to me to be the person deecribed as Vlce-Preeident of the above named corporation well known to me to be the perlon who executed the foregoing .Declaration of Protective Covenantl An the name of and for ..~. that. corporation. WITNESS my hand and official seal in the county, and .state above this /~ day of SEAL) 196 '~ *~ O.R. 869PG ~ O.R, 867 PG gZortda,* Zytng Yea~ of ~he Agreed Upon Boundary ~ne ne deao~bed and Peoo~ded ~no~ud~ng aZZ aoa~e~ton and/o~ ~e~to~on Page One of One Page · II. O.R. 86? PIZ '1325 STANLEY W. HOLE AND ASSOC.. INC. CONSULTINa ENGINEERS Leu~_/ca! DeacrlptJon of Area encompassed ~nder the EXHIBIT Co~enclng at tho I~ortheaet corne~ of Section 6 ~p. 48S Rg. 25E thence run N 89'49'01" W along tho north line o~ said Section 6 for ~,396.61 fee~ to a concrete monument marked "CAC ~onument", thence run S 18'21'46"E for 104.53 feet, thence run Il 71P38'14" E lot 78.14 thence run S 19~47'42" E for 2.00 feet to tho Point o~'Deginnlng. Thenc~ S ~9'47'4~" E 72.50 feet,thence:.run.'S19'47'49" E 199.77 foot, thence S 18~21'36" E 198.80 feet, thence S 19'47'09" E 201.67 feet, thence ~ 21'24'08"'E 200.07 feet, tltence S 18'45'21" E 199.81 thence S 21'00'58" E 253.28 feo~, thence S 23'42'40"' E 347.33.feet, thence S 17'19'38" E 200.70 feet, thence S 15'51'58" E 198.55 feet, thence S 18'57'59" E 201.89 feet, thence S 18'40'23" E 203.22 feet, thence S 18'42'19" E 195.48 feet, thence S 18'41~20" E 199.90 [eob, thence S 20~07'08" E 202.50 feet, [hence S 15~45'11" E 196.57 feet, thence S 15'51'36" E 202.23 feet, thex~ce S 17'14'16" E 190.29 fact, thence $ 19'19'29" E 20].56 feet, thence S 19°02'34" E 200.39 feet, thence S 21'54'31"E 199.89 feet, thence B 1~'46'23" E 198.41 feet, thence S 22'37'54" E 200.31 feet, thence S 18'20'24" E 200.52 feet, thence S.17'12'07" E 199.88 feet, thence S'17'11'32" E 200.18 feet, thence S 18'01'04" E 202.24 feet, thence S 18'00'09" E 199.5! feet, thence S 17'36'12" E 199.30 feet, thence S 20'28'32" E 199.82 feet, thence S 19'29'00" E 200.87 feet, thence S 22'37'47" E 200.45 feet, thence S 21'11'51" E 200.65 feet, thence S 17'36'13" E 200.67 feet, thence S 17"12'52" E 202.87 feet, thence S 15'44'11" E 196.48 feet, thence S 18'00'12" E ]99.70 feet, Barefoot Bo&ch 71.20-80 Page 2 thence 8 18'00'13" E 200;10 toot, thence 8 17'59'37" E 197.71 feet, thence S 19"30'57" ~ 206.42 toot, thence S 19"34'$8" E 199.63 feet, thence $ 18'08'40" E 199.89 £eot~ thence S 12'16'2I" ~ 1~$.84 feat, thence S 16'45'17" ~ 204.92 fee~, thence S 18'08'19" B 200.64 tact, thence S 16°06'39"'E !99.66 feet, thence $ 17~37"30. g 197.06 th=nc~ S ~7°37'48" E 200.30 teat, thence S 14'46'5~" S 201.14 thence ~ ~9°03'25" ~ 200.54 faet~ thence S 16°44'29" ~ ~98.29 thence S 16°20'36" E 197.85 feet~ thence t~ 80'27'55# E 294.26 th=ncc H 17°43'15" N for ~,423.4~ feet~ thonce 408.0G feet a~on~ the arc oS a c~rvo having ~ radlua o£ 440.05 feet, cen~ral'~ngle oS 53'07'51" chord bearing ~ 00"08'29" H, thence H 16'36'34" H for 147.36 feet, thence H 11'24'44" H for 870.08 feet, thence 173.47 Let ~long the arc of a curve having a radius o£ 435.72 feet, central angle of 22°48'37". chord bearing ~ ~5'52'16' H; thence ~ 31'22" H for 846.65 foot, thence 339.22 feet along th~ arc o~ a Curve hnvih~ a radl~a ~£ 170.00 foe~ contra! angl~) 114°19'48" and chord bearing o! ~ 37°2~'~3' H, Lh(~nce ~ 18'33'43~ tf Ior ~,091.74 feet, thence N 13°40'49" H for 848.65 feet, thence 111.54 feet along a curve h~vlng a radius of 170.00 feet, c~6tral anglo 37'3~'28" and chord bearing N 22'39'4~' t~, thence ~{ 41'27'33" W for 150.80 feet, thence 102.61 feet along a curve havin~ a radius of 230.00 feet, central angle of 25°33'46" chord buartng N 28"40'40" N, th=nco 86.96 feet along the'arc of a curve havlnq a radius oS 899.95 feet, central angle of $°32~22" and chord bearing N 18'39'58" H, thence N 18~?~02" ~ ~ ~.~' U. It. 8l~9 P~[170 0.1~. 867 PG t327 ~gr~! DesctlptXon-ProtcctlYe Covenants Dacefoot Death 71.20-8B Page 3 for 2,212.87 feet, thence 71.12 ~eet alonu thn arc ~,! a curve hnvlng a radius of 105.36 feet, central angle o£ 38'40'25' *:herd bearing N 25e46"44" If, thence N 46e06'57" W for 58.57 feet, tlmnce 3&.24 ~oot along the arc of a curve having a ta~tua of 427.95 feet, ,central angle of 4e51'08* chord bear~ng N 43*41'24" R thence H 7o4&*S4 W Lot 721.2~ feet, thence 334.52 £eeE along the a~c o£ a curve havt~g a radius of ~27.9G feet, central angle 84'04'40" chord bOar~n~ II 66elgt26" t~, thence S 71'30'14" W for 385.59 feet, thence u 19o¢7,12 W for 10.01 ~eot, thence S ?1°38'14# W for 72.02 feet t? th~ I'otnt beglnntng.