Ordinance 2016-33 ORDINANCE NO.2016-33
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING THE ORANGE
BLOSSOM RANCH COMMUNITY DEVELOPMENT DISTRICT
LOCATED IN UNINCORPORATED COLLIER COUNTY AND
CONTAINING APPROXIMATELY 219.79 ACRES; PROVIDING FOR
THE AUTHORITY OF THE ORDINANCE; PROVIDING FOR THE
ESTABLISHMENT OF THE BOUNDARIES FOR THE ORANGE
BLOSSOM RANCH COMMUNITY DEVELOPMENT DISTRICT;
PROVIDING FOR THE DESIGNATION OF THE INITIAL BOARD
MEMBERS; PROVIDING FOR THE DISTRICT NAME; PROVIDING
FOR STATUTORY PROVISIONS GOVERNING THE DISTRICT;
PROVIDING FOR CONSENT TO SPECIAL POWERS; PROVIDING FOR
PETITIONER'S COMMITMENTS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, RP Orange Blossom Owner, LLC, a Delaware limited liability company has
petitioned the Board of County Commissioners (Board) of Collier County, Florida, a political
subdivision of the State of Florida, to establish the ORANGE BLOSSOM RANCH
COMMUNITY DEVELOPMENT DISTRICT(District); and
WHEREAS, the Board of County Commissioners, after proper published notice has
conducted a public hearing on the petition and determined the following with respect to the
factors to be considered in Section 190.005(1)(e) Florida Statutes, as required by Section
190.005(2)(c),Florida Statutes:
1. The petition is complete and meets the requirements of Section 190.005, Florida
Statutes, and all statements contained within the petition are true and correct.
2. Establishment of the proposed District is not inconsistent with any applicable
element or portion of the local comprehensive plan of Collier County, known as
the Collier County Growth Management Plan, or the State Comprehensive Plan.
3. The area of land within the proposed District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional
interrelated community.
4. The District is the best alternative available for delivering community
development services and facilities to the area that will be serviced by the District.
5. The community development services and facilities of the District will not be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
[16-CPS-01591/1286006/1 1
6. The area that will be served by the District is amenable to separate special-district
government.
WHEREAS, it is the policy of this State, as provided for in Section 190.002(2)(c),
Florida Statutes, that the exercise by any independent district of its powers as set forth by
uniform general law comply with all applicable governmental laws, rules, regulations, and
policies governing planning and permitting of the development to be serviced by the district, to
ensure that neither the establishment nor operation of such district is a development order under
Chapter 380, Florida Statutes, and that the district so established does not have any zoning or
permitting powers governing development; and
WHEREAS, Section 190.004(3), Florida Statutes, provides that all governmental
planning, environmental, and land development laws, regulations, and ordinances apply to all
development of the land within a community development district. Community development
districts do not have the power of a local government to adopt a comprehensive plan, building
code, or land development code, as those terms are defined in the Local Government
Comprehensive Planning and Land Development Regulation Act. A district shall take no action
which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the
applicable local general-purpose government.
WHEREAS, pursuant to Section 190.012 (2)(d), Florida Statutes, upon the establishment
of the proposed community development district, the District Board of Supervisors have sought
consent from Collier County for the grant of authority to exercise special powers without
question as to the continued right, authority and power to exercise its limited powers as
established by this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AUTHORITY FOR ORDINANCE
This Ordinance is adopted pursuant to Section 190.005(2), Florida Statutes, and other
applicable provisions of law governing county ordinances.
[16-CPS-01591/1286006/1 2
SECTION TWO: ESTABLISHMENT OF THE ORANGE BLOSSOM RANCH
COMMUNITY DEVELOPMENT DISTRICT
The Orange Blossom Ranch Community Development District is hereby established
within the boundaries of the real property described in Exhibit "A" attached hereto and
incorporated by reference herein.
SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS
The following five persons are herewith designated to be the initial members of the Board
of Supervisors:
1. Mark Taylor 2. Jim Reinders
3066 Tamiami Trail North, 3066 Tamiami Trail North,
Suite 201 Suite 201
Naples,FL 34103 Naples,FL 34103
3. Brian O'Donnell 4. Ken Bloom
3066 Tamiami Trail North, 3066 Tamiami Trail North,
Suite 201 Suite 201
Naples, FL 34103 Naples,FL 34103
5. Karen Welks
3066 Tamiami Trail North,
Suite 201
Naples, FL 34103
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"Orange Blossom Ranch Community Development District."
SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT
The Orange Blossom Ranch Community Development District shall be governed by the
provisions of Chapter 190,Florida Statutes, and all other applicable general and local law.
[16-CPS-01591/1286006/1 3
SECTION SIX: CONSENT TO SPECIAL POWERS
Upon the effective date of this Ordinance, the Orange Blossom Ranch Community
Development District will be duly and legally authorized to exist and exercise all of its powers as
set forth in Section 190.012(1),Florida Statutes,and as otherwise provided by law.
The Board hereby consents to the exercise by the Board of Supervisors of the District of
the special powers set forth in Section 190.012(2)(d), Florida Statutes, to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and
facilities for Security, including, but not limited to, guardhouses, fences and gates, electronic
intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies;
except that the district may not exercise any police power, but may contract with the appropriate
local general-purpose government agencies for an increased level of such services within the
District boundaries.
SECTION SEVEN: PETITIONER'S COMMITMENTS
The adoption of this Ordinance is predicated upon the material inducements contained in
the foregoing recitals setting forth Petitioner's Commitments, re-stated as follows: (1) elect one
resident of the District to the five member Board of Supervisors at such time as residents begin
occupying homes in the District, and (2) record a Notice of Assessments containing the specific
terms and conditions of any special assessments imposed to secure bonds issued by the District,
which notice shall be recorded immediately after any such bond issuance. The Board shall retain
any and all rights and remedies available at law and in equity to enforce Petitioner's
Commitments against Petitioner, its successors and assigns.
SECTION EIGHT: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law,the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
[16-CPS-01591/1286006/1 4
1
SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article,"or any other appropriate word.
SECTION TEN: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this (S-c-1-'. day of v-cv-i- ice' , 2016.
ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Ak 1.4.44_,
By Vu'` By:
Attes as to C •irman`s' Deputy C rk D4r'
ALA, CHAIRMAN
4..'.' a 14 .4__ ._ 8 - 'and'and legal ty:
till
Jeffre 1' .1 atzkow
Count A'ir:.rney
This ordinance filed with th.
State's Office :.i...
Secretary Sta•+ ^lam
Lift! day of_Qtt^ r---
and acknowledgement of thit
filing received this ilt..--41 day
2-t;t., r
Of ► ,.ern •1l.,, IIk.�,�T:
By DOWN 16
[16-CPS-01591/1286006/1 5
EXHIBIT"A"
DESCRIPTION
Parcel in
Section 13,Township 48 South, Range 27 East,
Collier County,Florida
A tract or parcel of land lying in Section 13,Township 48 South, Range 27 East, Collier County,
Florida,said tract or parcel being more particularly described as follows:
Beginning at the Northwesterly most corner of Tract "C" of the record plat of
"ORANGE BLOSSOM RANCH PHASE IA" as recorded in Plat Book 45, Pages 58-
61 of the Public Records of Collier County, Florida, run S89°30'46"W for 1,778.52
feet to an intersection with the Easterly line of lands described in Official Records
Book 1433 at page 509, of the Public Records of Collier County, Florida; thence run
Noo°29'14"W along said Easterly line for 3,156.55 feet to an intersection with the
Southerly line of a Canal Easement as recorded as Exhibit "C" of Official Records
Book 1322 at page 1897, Collier County Records; thence run N89°33'07"E along
said Southerly line for 3,728.29 feet to an intersection with the West right of way
line of the North Golden Gate Canal, (8o' wide right of way), as shown on the
record plats of North Golden Gate Units 4 thru 7; thence run Soo°30'08"E along
said West line right of way line for 1,881.63 feet; thence run S89°29'52" W for
157.91 feet to a point on a non-tangent curve and an intersection with the Northerly
line of said record plat of "ORANGE BLOSSOM RANCH PHASE 1A"; thence run
along the Northerly line of said record plat the following three (3) courses:
Westerly along an arc of a curve to the right of radius 227.50 feet (delta 21°38'36")
(chord bearing S78°42'10" W) (chord 85.43 feet) for 85.94 feet to a point of
tangency; S89°31'28" W for 195.00 feet to a point of curvature and Westerly along
an arc of a curve to the right of radius 227.50 feet (delta 21°31'38") (chord bearing
N79°42'43" W) (chord 84.97 feet) for 85.48 feet; thence run S89°29'52" W for
150.94 feet to a point on a non-tangent curve and an intersection with said
Northerly line of said record plat; thence run along said Northerly line of said
record plat the following three (3) courses: Southwesterly along an arc of a curve to
the right of radius 227.50 feet (delta 75049'40") (chord bearing S51°36'38" W)
(chord 279.59 feet)for 301.08 feet to a point of tangency; S89°31'28"W for 195.00
feet to a point of curvature and Northwesterly along an arc of a curve to the right of
radius 227.50 feet (delta 61°58'01") (chord bearing N59°29'32"W) (chord 234.23
feet) for 246.05 feet to a point on a non-tangent curve; thence run Southwesterly
along an arc of a curve to the left of radius 335.00 feet (delta 03°o6'47") (chord
bearing S55°55'56"W) (chord 18.20 feet) for 18.20 feet to a point of tangency;
thence run S54°22'32"W for 184.36 feet to a point on a non-tangent curve and an
intersection with said Northerly line of said record plat; thence run along the
Northerly and Westerly line of said record plat the following five (5) courses:
Southwesterly along an arc of a curve to the right of radius 617.50 feet (delta
14°46'18") (chord bearing S46°08'43"W) (chord 158.76 feet) for 159.20 feet to a
point of tangency; S53°31'52"W for 596.34 feet to a point on a non-tangent curve;
Post Office Drawer 28o0•Fort Myers,FL 33902
Phone(239)461-3170•Fax(239)461-3169
1OF3
arraco www.barraco.net
and Associates, Inc. Civil Engineers,Land Surveyors and Planners
DESCRIPTION(CONTINUED)
Southerly along an arc of a curve to the right of radius 1,250.00 feet (delta
27030'37") (chord bearing S13°5o'37"E) (chord 594.43 feet) for 60o.18 feet to a
point of tangency; Soo°o5'19"E for 67.44 feet and S89°5441"W for 35.56 feet to
the POINT OF BEGINNING.
Containing 219.79 acres,more or less.
Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007)
and are based on the Northwesterly line of the Tract "L-3" of the record plat "ORANGE
BLOSSOM RANCH PHASE IA", as recorded in Plat Book 45, Page 58, of the Public Records of
Collier County,Florida,to bear S53°31'52"W.
Scott A.Wheeler(For The Firm)
Professional Surveyor and Mapper
Florida Certificate No. 5949
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gi R=1250.00'd=27•3017°L=60818' •\ {!---.---1=- ' �.. i__ \1 --' i eEARu33ruw ,••
latC/f�S13°5017"E59/43' a; = rll>p ru Blossom .---‘--,11-._ 13. DESCRIPTION ISATTACIED.
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Z POINT OF ;;; _---` -' '' I' ' ' '' THIS IS NOT A SURVEY - -
SWU4 BEGINNING r,_.n < (')3 c 4''�;l G.�8 C.I^,Y,)1
COP.473.Ir•c• Si i . :l ! I I I Ii_L , /
1..._' ,_.4_- (__'-'�•.' EXHIBIT A'
a `- r I--__I; I 1 I : I.-1.-..,:,,!',j-i'! i i 1 I 1 L SCOTT WHEELER(FOR THE FIRM-LB-5940) DATE SIGNED:
S8r3046'W 177852' w , ;-r� (_..:.!..„.j.i-_,_....,.:37-.,•?-1.-- • PROFESSIONAL SURVEYOR AND MAPPER SKETCH To
„7 : SOO°05'19E 67.41' ' '-SE114..' i . j r FLORIDA CERTIFICATE NO.5949 DESCRIPTYION
:, S89e54'41'W 35.58'
NOT MA110 WRHOUT THE SIGNATURE AND THE ORIGNAL •^•m'
RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER AAr 13 OR3
i
c
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
November 17, 2016
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2016-33, which was filed in this office on November 17,
2016.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us