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Ordinance 2018-04 ORDINANCE NO. 2018 - 0 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2006-60, AS AMENDED, WHICH CREATED THE HALDEMAN CREEK MAINTENANCE DREDGING MUNICIPAL SERVICE TAXING UNIT, TO INCREASE THE GEOGRAPHIC BOUNDARY OF THE UNIT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (Board), on December 12, 2006, adopted Ordinance No. 2006-60, creating the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit ("MSTU")to address dredging needs within the MSTU; and WHEREAS, the Board subsequently amended Ordinance No. 2006-60 through its adoption of Ordinance No. 2008-33, which expanded the boundaries of the MSTU; and WHEREAS, the Board desires to further expand the boundaries of the MSTU. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to Ordinance No. 2006-60,As Amended. Exhibit "A" of Ordinance No. 2006-60, as amended by Ordinance No. 2008-33, is hereby replaced with the amended Exhibit A, attached hereto and incorporated herein by reference, to increase the geographic boundary of the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit. SECTION TWO: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and may be made a part of the Code of Laws and Ordinances of Collier County, Florida. The section of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. SECTION THREE: 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 court of competent jurisdiction holds any 1 0 phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: Effective Date. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, thisMay of , 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER C• . TY, FLORID By: 1: A % By: . A Attest as to Chaff •1'$ e�'uty Clerk A NDY SOLIS, CHAIRMAN signature only.; ,,t -: Approved as to form;and legality: Jennifer''. Belpedio Assistant County Attorne This ordinance Srhfii:cdtvi,th ti,:. gl_gdaoryy cofcl! y, -t . and ncknowledc�rrsn# t °f fiti received t clay of , i By — Dep4tY is* 21110 Colt County Growth Management Department Development Review Division Amended Exhibit "A" The Haldeman Creek Dredging Municipal Service Taxing Unit LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTIONS 11,12,13& 14,TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, BEING THE NORTHEAST CORNER OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST,WHICH IS ALSO THE NORTHEAST CORNER OF LOT 118 OF THE NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS No.2 AS RECORDED IN PLAT BOOK 1, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S.89°22'57"E. FOR 333.43 FEET TO A POINT ON THE WEST LINE OF TRACT B, COURTHOUSE SHADOWS AS RECORDED IN PLAT BOOK 29, PAGE 41 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND CONTINUING ALONG THE SAID PLATLINES FOR THE NEXT(8)COURSES; 1. THENCE N.00°23'57"E. FOR 11.05 FEET; 2. THENCE N.51°36'02"E.FOR309.05 FEET; 3. THENCE N.64°13'11"E. FOR 80.05 FEET; 4. THENCE S.51°36'02"W. FOR 5.00 FEET; 5. THENCE S.38°23'58"E. FOR404.47 FEET; 6. THENCE N.51°36'02"E. FOR 98.00 FEET TOA POINT ON THE WESTERLY RIGHT-OF-WAY OF U.S.41; 7. THENCE ALONG SAID RIGHT-OF-WAY, S.38°23'58"E. FOR 128.47 FEET,TOA POINT LYING ON THE NORTH SIDE OFA DRAINAGE EASEMENT DESCRIBED IN DEED BOOK 28, PAGE 193 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; 8. THENCE CONTINUING ALONG SAID RIGHT-OF-WAY OF U,S.41, S.38°23'36"E. FOR 190.55 FEET TO A POINT LYING ON THE SOUTH SIDE OF A DRAINAGE EASEMENT DESCRIBED IN DEED BOOK28, PAGE 193 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY OF U.S.41, S.38°23'36"E. FOR 59.24 FEET; THENCE LEAVING SAID RIGHT-OF-WAY,S.50°49'31"W. FOR 131.60 FEET; THENCE N.89°35'01"W. FOR 353.34 FEET; THENCE S.00°00' 20"E. FOR 60.00 FEET; THENCE N.89°41'20"W. FOR 420.00 FEET; THENCE N.87°26'59"W. FOR22.00 FEET; THENCE N.89°56'20"W. FOR 135.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY OF DOMINION DRIVE; THENCE N.00°03'40"E. FOR 128.12 FEET; THENCE S.89°36'10"W, FOR 59.99 FEET TOA POINT ON THE WEST RIGHT-OF-WAY OF DOMINION DRIVE; THENCE ALONG SAID RIGHT-OF-WAY,S.00°03'40"W. FOR474.69 FEET; THENCE S.89°52'50"W. FOR294.56 FEET ALONG THE NORTH RIGHT-OF-WAY OF ARECA AVE. AS DESCRIBED IN SUBDIVISION OF BLOCK F, SABAL SHORES AS RECORDED IN PLAT BOOK Page 1 of 6 Co_ ier C..founty Growth Management Department Development Review Division 4, PAGE 40 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S.89°52'50"W. FOR350.00 FEET; THENCE N.00°00'00"E. FOR 351.01 FEET TOA POINT OF CURVATURE; THENCE NORTHEASTERLY 41.90 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 39.83 FEET,THROUGH A CENTRAL ANGLE OF 60°16'34"AND BEING SUBTENDED BYA CHORD WHICH BEARS N.29°55'35"E. FOR40.00 FEETTO A POINT OF CURVATURE; THENCE NORTHEASTERLY 42.08 FEET, ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 40.17 FEET, THROUGH A CENTRALANGLE OF 60°01'13"AND BEING SUBTENDED BYA CHORD WHICH BEARS N.29°55'35"E. FOR 40.18 FEET; THENCE S.89°52'50"W. FOR 100.00 FEET; THENCE S.00°00'00"E. FOR 89.89 FEET; THENCE S.89°51'30"W. FOR 700.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF BAYSHORE DRIVE; THENCE CONTINUE S.89°51'30"W. FOR 100.00 FEET TO A POINT ON THE WESTERLY RIGHT- OF-WAY OF BAYSHORE DRIVE; THENCE ALONG SAID RIGHT-OF-WAY, S.00°00'00"E. FOR 469.63 FEET TO A POINT OF CURVATURE; THENCE LEAVING SAID RIGHT-OF-WAY, SOUTHWESTERLY 39.20 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89°50'27" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.44°55'13"W. FOR 35.31 FEET, TO A POINT ON THE NORTH RIGHT-OF-WAY OF LAKEVIEW DRIVE AS SHOWN IN GULF SHORES SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LINE S.89°50'27"W. FOR 1,215.98 1,261.33 FEET; THENCE S.55°35'14"W. FOR 60.57 FEET; THENCE S.00°13'02"E. FOR 60.00 FEET; THENCE N.89°50'27"E. FOR 140.26 FEET; THENCE LEAVING SAID LINE S.00°07'36"E. 303.98 FEET; THENCE S.89°36'06"W. S.89°35'14"W. 325.71 139.78 FEET TO A POINT LYING ON THE BOUNDARY OF TRACT B, OF WINDSTAR SUBDIVISION AS RECORDED IN PLAT BOOK 14, PAGES 12-15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND CONTINUING ALONG SAID PLATLINE FOR THE NEXT(3) (4) CALLS; 1. THENCE S.89°36'06"W. 330.45 FEET; 2. THENCE N.00°13'07"W. FOR 132.86 462.83 FEET; 3. THENCE S.89°35'11"E. FOR 30.47 FEET; 4. THENCE N.00°13'07"W. FOR 1,335.47 FEET; THENCE LEAVING SAID PLATLINE, S.82°00'10"W. FOR 156.35 FEET ALONG THE EASTERLY LINE OF A PARCEL OF LAND AS DESCRIBED IN O.R. BOOK 2754, PAGE 2850 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOR THE NEXT (42) CALLS; 1. THENCE S.76°41'21"W. FOR 164.00 FEET; Page 2 of 6 • CQ ler Coit ty Growth Management Department Development Review Division 2. THENCE S.22°49'49"W. FOR 61.06 FEET; 3. THENCE S.50°27'04"W. FOR 101.55 FEET; 4. THENCE S.58°51'50"W. FOR 56.28 FEET; 5. THENCE N.84°40'34"W. FOR 72.34 FEET; 6. THENCE S.76°07'47"W. FOR 113.00 FEET; 7. THENCE S.54°05'36"W. FOR 90.85 FEET; 8. THENCE S.25°09'38"W. FOR 25.65 FEET; 9. THENCE S.17°03'56"W. FOR 23.41 FEET; 10. THENCE S.11°01'23"E. FOR 55.54 FEET; 11. THENCE S.04°20'38"W. FOR 94.75 FEET; 12. THENCE S.32°14'25"W. FOR 159.05 FEET; 13. THENCE S.07°38'14"E. FOR 34.43 FEET; 14. THENCE S.35°32'27"E. FOR 94.54 FEET; 15. THENCE S.03°16'57"W. FOR 292.24 FEET; 16. THENCE S.42°37'09"W. FOR 111.02 FEET; 17. THENCE S.20°33'59"W. FOR 99.26 FEET; 18. THENCE S.21°22'23"W. FOR 71.83 FEET; 19. THENCE S.52°12'31"W. FOR 408.66 FEET; 20. THENCE S.62°28'18"W. FOR 230.33 FEET; 21. THENCE S.30°40'44"W. FOR 192.53 FEET; 22. THENCE S.17°19'34"W. FOR 219.43 FEET; 23. THENCE S.44°20'44"W. FOR 94.89 FEET; 24. THENCE S.58°45'28"W. FOR 215.33 FEET; 25. THENCE S.05°21'48"W. FOR 42.63 FEET; 26. THENCE S.06°59'10"W. FOR 376.44 FEET; 27. THENCE S.52°38'49"W. FOR 245.54 FEET; 28. THENCE S.87°24'12"W. FOR 105.57 FEET; 29. THENCE S.50°11'00"W. FOR 11.53 FEET; 30. THENCE S.11°39'26"E. FOR 79.74 FEET; 31. THENCE N.67°33'55"E. FOR 13.98 FEET; 32. THENCE S.21°04'35"E. FOR 104.77 FEET; 33. THENCE S.70°16'20"E. FOR 48.32 FEET; 34. THENCE N.79°53'45"E. FOR 98.25 FEET; 35. THENCE N.59°11'08"E. FOR 124.42 FEET; 36. THENCE S.59°51'49"E. FOR 22.11 FEET; 37. THENCE S.06°34'37"W. FOR 208.89 FEET; 38. THENCE S.61°36'29"W. FOR 112.07 FEET; 39. THENCE S.89°30'13"W. FOR 119.20 FEET; 40. THENCE S.51°13'33"W. FOR 86.86 FEET; Page 3 of 6 te-r County Growth Management Department Development Review Division 41. THENCE S.35°33'53"W. FOR 84.64 FEET; 42. THENCE S.43°47'56"W. FOR 135.55 FEET TO A POINT ON THE WEST LINE OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 25 EAST, ALSO BEIN THE WEST LINE OF TRACT B OF WINDSTAR SUBDIVISION AS RECORDED IN PLAT BOOK 14, PAGES 12-15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N.00°12'53"W. FOR 203.32 FEET; THENCE N.00°09'12"W. FOR 643.41 FEET; THENCE CONTINUE N.00°09'12"W. FOR 1,391.07 FEET; THENCE LEAVING SAID SECTION LINE AND WESTERLY LINE OF SAID TRACT B, N.14°45'47"E. FOR 199.17 FEET; THENCE N.00°06'21"E. FOR 427.72 FEET TO THE NORTHWEST CORNER OFA PARCEL OF LAND DESCRIBED IN O.R. BOOK 3001, PAGE 2697 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.00°43'42"W. FOR 1,295.38 FEET TOA POINT ON THE SOUTH RIGHT-OF-WAY OF MARLIN DRIVE; THENCE ALONG SAID RIGHT-OF-WAY, N.89°31'33"E. FOR 1,305.55 FEET TOA POINT ON THE EAST RIGHT-OF-WAY OF PALM STREET THE POINT ALSO BEING ON THE WEST LINE OF NAPLES LAND YACHT HARBOR,A PARCEL OF LAND DESCRIBED IN O.R. BOOK 714, PAGE 1710 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID WEST BOUNDARY LINE, N.00°38'25"W. FOR 1,374.49 FEET TO THE NORTHWEST CORNER OF SAID NAPLES LAND YACHT HARBOR; THENCE ALONG SAID NORTH BOUNDARY LINE, N.89°33'52"E. FOR 1,247.66 FEET TO THE NORTHEAST CORNER OF SAID NAPLES LAND YACHT HARBOR; THENCE ALONG THE EAST LINE OF NAPLES LAND YACHT HARBOR, S.00°33'08"E. FOR 616.83 FEET; THENCE S.89°32'43"W. FOR623.36 FEET; THENCE S.00°35'47"E. FOR 166.00 FEET; THENCE LEAVING THE BOUNDARY OF NAPLES LAND YACHT HARBOR, N.89°32'43"E. FOR 150.81 FEET; THENCE S.00°35'07"E. FOR 100.00 FEET; THENCE N.89°19'24"E. FOR 159.27 FEET TO THE WEST RIGHT-OF-WAY LINE OF ARBUTUS DRIVE; THENCE S.00°35'47"E. FOR 992.99 783.37 FEET; THENCE S.77°52'26"W. FOR 255.21 FEET; THENCE N.00°35'47"W. 994.00 FEET; THENCE S.89°24'13"W. 20.00 FEET; THENCE N.00°35'47"W. FOR 50.05 FEET; THENCE S.89°32'11"W. FOR 10.00 FEET TO A POINT ON THE EAST LINE OF NAPLES LAND YACHT OF COLLIER COUNTY, FLORIDA. THENCE S.00°35'47"E. FOR 1,086.59 FEET; THENCE N.77°52'26"E. FOR 684.32 FEET; THENCE N00°00'42"E. FOR 131.01 FEET; Page 4 of 6 Co ler County Growth Management Department Development Review Division THENCE N.89°20'03"E. FOR 340.51 FEET; THENCE S.00°40'49"E. FOR 37.20 FEET; THENCE N.89°25'10"E. FOR 19.80 FEET; THENCE N.00°01'54"E. FOR 1.52 FEET TO A POINT BEING THE NORTHWEST CORNER OF LOT 37, DEMERE LANDING SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,A POINT ALSO BEING ON THE SOUTH RIGHT-OF- WAY LINE OF BECCA AVENUE; THENCE S.89°59'03"E. FOR297.97 FEET ALONG SAID RIGHT-OF-WAY LINE; THENCE LEAVING SAID RIGHT-OF-WAY S.00°06'52"E. FOR 252.07 FEET; THENCE N.89°53'08"E. FOR 60.00 FEET; THENCE N.00°06'52"W. FOR 251.93 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BECCA AVENUE; THENCE ALONG SAID RIGHT-OF-WAY, S.89°59'03"E. FOR 270.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, S.00°06'52"E. FOR 252.07 FEET; THENCE N.89°53'08"E. FOR 60.00 FEET; THENCE N.00°06'52"W. FOR 251.93 FEET TOA POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BECCA AVENUE; THENCE ALONG SAID RIGHT-OF-WAY, S.89°59'03"E. FOR 270.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, S.00°06'52"E. FOR 252.07 FEET; THENCE N.89°53'08"E. FOR 60.00 FEET; THENCE N.00°06'52"W. FOR 251.93 FEET TOA POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BECCA AVENUE; THENCE ALONG SAID RIGHT-OF-WAY, S.89°59'03"E. FOR 270.00 FEET TO A POINT ALSO ON THE WEST RIGHT-OF-WAY OF BAYSHORE DRIVE; THENCE S.37°24'59"E. FOR 165.01 FEET TO A POINT ON THE EAST RIGHT-OF-WAY OF BAYSHORE DRIVE,ALSO BEING THE NORTHWEST CORNER OF LOT 121 OF NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS No.2,AS RECORDED IN PLAT BOOK 1, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.89°53'08"E. FOR 193.85 FEET TO A POINT ON THE WEST LINE OF A PARCEL OF LAND DESCRIBED IN O.R. BOOK 2983, PAGE 379 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,AND WILL CONTINUE TO RUN ALONG SAID BOUNDARY FOR THE NEXT(19)CALLS; 1. THENCE N.00°06'52"W. FOR 799.75 FEET; 2. THENCE N.89°57'01"E. FOR 44.86 FEET; 3. THENCE N.00°06'20"W. FOR 10.38 FEET; 4. THENCE S.64°07'22"E. FOR45.88 FEET; 5. THENCE N.38°09'22"E. FOR 205.26 FEET TO THE WESTERLY RIGHT-OF-WAY OF U.S.41; 6. THENCE ALONG SAID RIGHT-OF-WAY,S.51°50'39"E. FOR 115.49 FEET; 7. THENCE LEAVING SAID RIGHT-OF-WAY,S.38°09'32"W. FOR 190.01 FEET; 8. THENCE S.51°50'42"E. FOR 89.71 FEET; 9. THENCE S.00°53'09"E. FOR220.16 FEET; 10.THENCE N.88°53'51"E. FOR 147.79 FEET; 11.THENCE N.01°06'06"W. FOR 100.00 FEET; Page5of6 0 • Co ler County Growth Management Department Development Review Division 12.THENCE S.51°50'11"E. FOR 10.78 FEET; 13.THENCE N.01°06'09"W. FOR 245.43 FEET TO THE WESTERLY RIGHT-OF-WAY OF U.S.41; 14.THENCEALONG SAID RIGHT-OF-WAY,S.51°50'34"E. FOR 15.05 FEET; 15.THENCE LEAVING SAID RIGHT-OF-WAY, S.00°42'52"E. FOR 653.02 FEET; 16.THENCE S.89°58'17"W. FOR 4.98 FEET; 17.THENCE S.00°42'52"E. FOR291.22 FEET; 18.THENCE N.89°55'57"W. FOR 9.98 FEET; 19.THENCE S.00°42'55"E. FOR 672.72 FEET; THENCE N.89°49'00"E. FOR 145.13 FEET; THENCE S.00°19'20"E. FOR 30.00 FEET; THENCE N.89°49'00"E. FOR 450.63 FEET; THENCE N.00°19'20"W. FOR30.00 FEET; THENCE N.89°34'43"E. N.89°49'00"E. FOR 77.13 78.58 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 11971245.04 11,822,890 11,678,801 SQUARE FEET OR 274.822 271.416 268.1 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE CENTERLINE OF GULFVIEW DRIVE,WHICH LIES IN THE GULF SHORES SUBDIVISION, PLAT BOOK 4, PAGE 50AS BEING NORTH 90°00'00" EAST. .-3-77;?,, c-t...4 MARCUS L. BERMAN, P.S.M. FLORIDA SURVEYOR AND MAPPER LS 5086 COLLIER COUNTY SURVEYOR 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 DATE: 1/09/2018 REF DWG NO.: 2017-003 Page 6 of 6 its I F ,. •ems 5 FLORIDA DEPARTMENT Of STATE ............. RICK SCOTT KEN DETZNER Governor Secretary of State February 14, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ms. Ann P. Jennejohn 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. 2018-04, which was filed in this office on February 14, 2018. 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