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Agenda 06/24/2014 Item # 9C6/24/2014 9.C. EXECUTIVE SUMMARY Recommendation to approve (Adopt) an Ordinance amending Ordinance No. 2002 -61, which established the Fiddler's Creek Community Development District No. 2, in order to increase the acreage of the District; Providing for Severability; and Providing for an Effective Date. OBJECTIVE: The objective of this public hearing is for the Board of County Commissioners (Board) to review and consider a petition for amending Fiddler's Creek Community Development District (CDD) No. 2 Ordinance No. 2002 -61, by consenting to specific powers to include parks and recreational facilities, and security activities and facilities, and annexing acreage to include an additional ±69.30 acres, for a total of ±1,068.09 acres. CONSIDERATIONS: On May 1, 2014, the Board of Supervisors of Fiddler's Creek Community Development District No. 2 (CDD2) filed a petition with the Planning and Zoning Department, Growth Management Division, for the modifying the boundaries of Fiddler's Creek CDD2 and requesting special powers. A mandatory $1,500 application fee was submitted with the amendment petition. The existing District is located entirely within Collier County, Florida. The existing District covers ±998.8 acres of land. The site is located in portions of Sections 11, 13, and 14, Township 51 South, Range 26 East, and Section 18, Township 51 South, Range 27 East. A map showing the location of the land area serviced by the District and metes and bounds description of the existing CDD2 is provided in petition Exhibit "A ". The proposed District annexation area is located entirely within Collier County, Florida. The proposed District annexation area covers ±69.3 acres of land. The site is located in portions of Section 13, Township 51 South, Range 26 East, and Section 18, Township 51 South, Range 27 East. A map showing the location of the land area to be serviced by the District annexation area and metes and bounds description of the proposed CDD2 annexation area is provided in petition Exhibit "D ". The location map of the existing and proposed Fiddler's Creek No. 2 is provided in petitioner's Exhibit "E ". The metes and bounds description of the full, modified CDD2 is provided in petition Exhibit "G ". The proposed CCD2 includes an area planned for approximately 155 additional residential units and amenities on X69.3 acres. As of June 4, 2014, the date of advertising for the amendment of this CDD, no PUD amendment petitions for this project had been filed with Collier County. However, on January 22, 2003, the District Board of Supervisors for the current Fiddler's Creek Community Development District No. 2 adopted a Resolution to request consent from the County to exercise additional specific powers authorized by Section 190.012(2), Florida Statutes. The specified powers are limited to the operation of parks and facilities for indoor and outdoor recreational, cultural, and educational uses, as well as security, including, but not limited to, guardhouses, fences and gates, electronic intrusion- detection systems, and patrol cars, with certain exceptions. Pursuant to the 2003 District Resolution the Fiddler's Creek No. 2 District Board of Supervisors has filed a petition requesting consent from the County to exercise additional specific powers and to amend its boundaries. Packet Page -116- 6/24/2014 9.C. By adopting Ordinance No. 2002 -61 the Board of County Commissioners authorized the District, through its Board of Supervisors, to manage and finance certain basic infrastructure for the benefit of the landowners and residents of this portion of the Fiddler's Creek Development. This infrastructure, under section 190.012(1), Florida Statutes, includes basic urban systems, facilities and services: water supply, sewers and wastewater management, surface water control and management (drainage), and roads, bridges and street lights. If adopted, this Ordinance would constitute consent by the County to the petition for the exercise of certain additional special powers authorized by Section 190.012(2), Florida Statutes. These powers may include the operation of parks and facilities for indoor and outdoor recreational, cultural, and educational uses [ss. (2)(a)J, as well as 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 [ss. (2)(d)J. In order to gain these additional powers, the District Board has further petitioned the Board of County Commissioners. Section 190.046, Florida Statutes provides that the exclusive and uniform method for amendment of a CDD, as follows: 190.046 Termination, contraction, or expansion of district. — (1) A landowner or the Board may petition to contract or expand the boundaries of a community development district in the following manner: (a) The petition shall contain the same information required by s. 190.005(1)(a)1. and 8. A metes and bounds description of the external boundaries of the district. Any real property within the external boundaries of the district which is to be excluded from the district shall be specifically described, and the last known address of all owners of such real property shall be listed. The petition shall also address the impact of the proposed district on any real property within the external boundaries of the district which is to be excluded from the district. 8. A statement of estimated regulatory costs in accordance with the requirements of s. 120.541. [The statement of estimated regulatory costs is provided in petition Exhibit In addition, if the petitioner seeks to expand the district, the petition shall describe the proposed timetable for construction of any district services to the area, the estimated cost of constructing the proposed services, and the designation of the future general distribution, location, and extent of public and private uses of land proposed for the area by the future land use plan element of the adopted local government local comprehensive plan. If the petitioner seeks to contract the district, the petition shall describe what services and facilities are currently provided by the district to the area being removed, and the designation of the future general distribution, location, and extent of public and private uses of land proposed for the area by the future land element of the adopted local government comprehensive plan. [Construction costs for the CDD2 expansion area are estimated to be $3,902,415 • Roadway construction costs for the CDD2 expansion area are estimated to be $833,750; 2 Packet Page -117- 6/24/2014 9.C. • Potable water, sewer /wastewater and irrigation water utilities construction costs for the CDD2 expansion area are estimated to be $1,150,000; • Stormwater management system costs are $373,750; • Earthwork and clearing construction costs for the CDD2 expansion area are estimated to be $759,000; • Roadway lighting construction costs for the CDD2 expansion area are estimated to be $201,150; • Landscaping and hardscaping construction costs for the CDD2 expansion area are estimated to be $230,000; • Contingency costs for the CDD2 expansion area are estimated to be $354,765; These costs are provided in Table 1 and Table 2 of petition Exhibit "I ".] County legal, planning, transportation and public works staffs have reviewed the petition and exhibits submitted by the petitioners (attached) relative to these factors and have found the proposed Fiddler's Creek CDD2 amendment petition to be compliant. LEGAL CONSIDERATIONS: The Petition seeks to obtain Board authorization for special powers for parks and security pursuant to Section 190.012(2), Florida Statutes. The Ordinance as drafted reflects Board approval as sought in the Petition, which was required for advertising and public notice purposes. However, it is the position of the County Attorney's Office that Ordinance 2002 -61, as previously approved by the Board intended to require authorization for such powers on a project -by- project basis, which would require the CDD to come back to the Board with each project for parks and security. What is being sought today would authorize complete discretion on the part of the CDD with regard to improvements for parks and security without the input of the Board of County Commissioners as to the compatibility of the improvements to the surrounding communities and the County as a whole. If it is the will of the Board to authorize full discretionary powers to the CDD, the Ordinance can be approved as attached in the back -up. If the Board wishes to continue with the previously - approved policy involving Board approval on each project, the County Attorney's Office will amend the Proposed Ordinance to delete Section Three. In making its decision the Board must consider the record of the public hearing and the following factors: 1. The petition is complete in that it meets the requirements of Sections 190.005, Florida Statutes; and all statements contained within the petition are true and correct. 2. Establishinent 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 Packet Page -118- 6/24/2014 9.C. 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. 6. The area that will be served by the District is amenable to separate special - district government. This item has been approved as to form and legality and requires a majority vote for Board approval. — ERP FISCAL IMPACT: As previously noted, a $1,500 filing fee was submitted with the amendment petition. Exhibit "K" of the petition, "Statement of Estimated Regulatory Costs, Fiddler's Creek Community Development District No. 2" delineates the fiscal impacts and timing of impacts to be managed by the District. It is noteworthy that the estimated internal infrastructure and services to be financed by Fiddler's Creek CDD2 amendment is $3,902,415, consisting of roadway construction, utilities work, earthwork and land clearing, stormwater management, roadway lighting, landscaping/hardscaping, and contingencies. Utilities will eventually be turned over to Collier County. No cost estimates are provided in petition materials for park and recreational facilities. and security facilities and services. Attached for Board review is the latest Fiddler's Creek Community Development District # 2 financial filing with the State Auditor General. The year ending September 30, 2013 report is not yet available. The report provides a snap shot of the district's financial condition as well as the amount of debt outstanding. The financial condition may be typical of CDD's with a very high debt to asset ratio. CDD's are generally speculative credits which are why many go unrated. This CDD debt is not part of the County's debt portfolio nor does it appear in any form within the County's financial statements. Since there appears to be an effort to refinance a portion of the debt outstanding and reduce the cost of financing to the CDD, it would be appropriate to inquire as part of the Board's policy due diligence if the proposed ordinance amendment is required in order to complete the intended refinancing which is expected to close on or about July 1, 2014. DISTRICT RESPONSIBILITIES: According to the petition, the Fiddler's Creek Community Development District No. 2, if the Ordinance is adopted, will assume responsibility for the following: (1) Parks and facilities for indoor and outdoor recreational, cultural, and educational uses; (2) 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 M Packet Page -119- 6/24/2014 9.C. with the appropriate local general - purpose government agencies for an increased level of such services within the district boundaries; and, In addition to the present responsibilities for the following: (1) General development of the approved uses within the District; (2) Roadways; (3) Street Lights; (4) Stormwater Management; (5) Water & Sewer Utilities; (6) Earthwork and Land Clearing for development; (7) Landscaping; (8) Wetland Permitting & Mitigation; and, (9) Other matters related to the above tasks. GROWTH MANAGEMENT IMPACT: The ±998.8 acres of Fiddler's Creek CDD2 lie within the Urban Coastal Fringe and Urban Residential Fringe Subdistrict designations on the Collier County Future Land Use Map. Although the amendment of this District does not constitute any development approval, the plan of development previously approved for the subject property has been determined to be consistent with the Collier County Growth Management Plan (GMP). Accordingly, any future petitions for rezone or development pennits will be subsequently reviewed at the time of submittal, and will be subject to the requirements and limitations specified in the Collier County Land Development Code (LDC), and will be required to be consistent with the GMP in effect at that time. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt and enact the proposed Ordinance amending Fiddler's Creek Community Development District No. 2. Prepared by: Marcia Kendall, Senior Planner, and Corby Schmidt, AICP, Principal Planner Comprehensive Planning Section, Planning and Zoning Department Attachments: 1) Ordinance with Exhibit "A" and Exhibit `B" 2) CDDA Petition and Petition Exhibit Information ❑ due to the size of the document it is accessible at: http: / /wv, ,"7.collier2ov. net/ ftp/ AaendaJune24 /Growti-IMszmt/PL20140000683 Fiddlers Creek %20 %232 %20Petition.pdf GACDES Planning Services\Comprehensive\CDDs1CDD Petition FolderslPending Process CDDs1CDDA- 2014 -1 Fiddler's CreWEx. SummaryTiddler's Creek 2 CDDA ExecSumm,june 5.docx 5 Packet Page -120- 6/24/2014 9.C. COLLIER COUNTY Board of County Commissioners Item Number: 9.9.C. Item Summary: Recommendation to approve (Adopt) an Ordinance amending Ordinance No. 2002 -61, which established the Fiddler's Creek Community Development District No. 2, in order to increase the acreage of the District; Providing for Severability; and Providing for an Effective Date. Meeting Date: 6/24/2014 Prepared By Approved By Name: BosiMichael Title: Director - Planning and Zoning, Comprehensive Planning Date: 6/5/2014 1:37:20 PM Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 6/6/2014 9:03:03 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 6/10/2014 9:06:48 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 6/16/2014 10:29:54 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/16/2014 11:29:51 AM Name: IsacksonMark Title: Director -Corp Financial and Mngrnt Svs, Office of Management & Budget Date: 6/18/2014 9:16:34 AM Name: OchsLeo Packet Page -121- 6/24/2014 9.C. Title: County Manager, County Managers Office Date: 6/18/2014 11:44:35 AM Packet Page -122- 6/24/2014 9.C. ORDINANCE NO. 14- AN ORDINANCE AMENDING ORDINANCE NO. 02 -61, THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NUMBER 2; AMENDING THE DISTRICT BY EXPANDING THE EXTERNAL BOUNDARIES, INCREASING THE DISTRICT FROM 998.79 ACRES TO 1,068.09 ACRES, OR 69.30 ADDITIONAL ACRES; PROVIDING AUTHORIZATION FOR THE EXERCISE OF SPECIAL POWERS REGARDING PARKS AND FACILITIES OR INDOOR AND OUTDOOR RECREATIONAL, CULTURAL AND EDUCATIONAL USES AND SECURITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 19, 2002, the Board of County Commissioners (Board) adopted Ordinance No. 2002 -61 establishing the Fiddler's Creek Community Development District Number 2 (District), as a community development district within the meaning of Chapter 190, Florida Statutes; and WHEREAS, the original boundaries set forth in Ordinance 2002- 61 established boundaries resulting in 998.79 acres; and WHEREAS, DY Land Associates, Ltd., (Petitioner), has petitioned the Board to annex an additional 69.30 +/- acres as authorized by Section 190.046(1), Florida Statutes, which would result in a total acreage of 1,068.09 acres; and WHEREAS, Petitioner has also petitioned the County to grant authority to exercise special powers in accordance with Section 190.012(2), Florida Statues, including the power to provide for parks and facilities for indoor and outdoor recreational, cultural, and educational uses, as well as for security; and WHEREAS, the Board considered the Petition at a duly noticed public hearing. WHEREAS, upon consideration of the Petition, the Board determined the following: The statements made within the Petition are true and correct. 2. Amending the Ordinance is not inconsistent with any applicable element or portion of the comprehensive plan. 3. The land within the District continues to be of sufficient size, to be sufficiently compact, and to be sufficiently contiguous to be developable as a functionally interrelated community. Packet Page -123- 6/24/2014 9.C. 4. The Amendment will not expand the district greater than 50 percent of the land in the initial district, and in no event greater than 500 acres on a cumulative net basis. 5. The District continues to be the best alternative available for delivering community development services and facilities to the area service by the District. 6. The services and facilities of the District will continue to not be incompatible with the capacity and uses of any existing local and regional community development services and facilities. 7. The area to be served by the District remains amenable to separate special - district governance; and WHEREAS, the Board finds that Petitioner has otherwise satisfied all requirements set forth in Section 190.046, Florida Statutes, and recommends approval of the expansion powers based on the contents of the petition; and WHEREAS, the Board also acknowledges the District's desire to exercise the special powers set forth in Section 190.012(2)(a) and (d), Florida Statutes, and that the improvements and additions will be funded solely from the District's budget. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT OF ORDINANCE NO. 02-61. The original legal description of the District described in Exhibit A, is hereby superseded and replaced by the legal description of the District described in Exhibit B, to reflect the expansion of the District. SECTION TWO: EXTERNAL BOUNDARIES OF THE DISTRICT. The external boundaries of the District encompass 1,068.09 acres of land, more or less, as described in Exhibit B. SECTION THREE: AUTHORIZATION TO EXERCISE SPECIAL POWERS. 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)(a) and (d), Florida Statutes, to plan establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for parcels and facilities for indoor and outdoor recreational, cultural, and Packet Page -124- 6/24/2014 9.C. education uses and security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, as authorized by proper governmental agencies, provided however 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 FOUR: 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 o 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. SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinance 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 SIX: 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 day of , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA an , Deputy Clerk Approved as to form and legality: Emily R. Pepin �� rney Assistant County At o TOM HENNING, CHAIRMAN Packet Page -125- 0 Exhibit A �a I s� .g iM y� 9 :Y R � x l t kill 6/24/2014 9.C. C ffg i s alai Packet Page -126- J S m 6/24/2014 9.C. S.R. 951 COLLIER BOULEVARD FIDDLER'S CREEK COMMUNITY DEVELOPMENI Rmsso ��ro way dIATR1CT 2 Packet Page -127- r v 0 Exhibit B L gQ6L DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION OF SECTIONS 11, 13 AND 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, AND A PORTION OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, ALL IN COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS'. BEGINNING AT THE NORTHWEST CORNER OF SECTION 13, TOWNSHIP 51 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.89'55'48 "E. ALONG THE NORTH LINE OF SAID SECTION 13, FOR A DISTANCE OF 4,688.27 FEET TO A POINT ON THE SOUTHERLY RIGHT- OF-WAY LINE OF US 41 (TAMIAMI TRAIL) A 2D0 FOOT RIGHT -OF -WAY; THENCE RUN S.54'2129"E. ALONG THE SOUTHERLY RIGHT -OF- -WAY OF SAID US 41, FOR A DISTANCE OF 3,793.58 FEET; THENCE RUN S.35'39'17"W., FOR A DISTANCE OF 107.40 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY WHOSE RADIUS POINT BEARS S.44'D5'24'W, THEREFROM; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 350.00 FEET, THROUGH A CENTRAL ANGLE OF 66'2T03', SUBTENDED BY A CHORD OF 383.13 FEET AT A BEARING OF S.12.43'35"E., FOR A DISTANCE OF 405.42 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 150.00 FEET, THROUGH A CENTRAL ANGLE OF 110.2T50 ", SUBTENDED BY A CHORD OF 246.44 FEEFI- A( A HEARING OF S.34`46'28"E., FOR A DISTANCE OF 289.19 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'59'37"E., FOR A DISTANCE OF 56.44 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 52.30'17", SUBTENDED BY A CHORD OF 17.89 FEET AT A BEARING OF N,63'44'28"E., FOR A DISTANCE OF 18.33 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL ANGLE OF 15'00'34 ", SUBTENDED BY A CHORD OF 24.82 FEET AT A BEARING OF N.44'59'37"E., FOR A DISTANCE OF 24.89 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 20,00 FEET, THROUGH A CENTRAL ANGLE OF 52'3(717", SUBTENDED BY A CHORD OF 17.69 FEET AT A BEARING OF N.26'14'45"E., FOR A DISTANCE OF 18.33 FEETTO THE END OF SAID CURVE; THENCE RUN N.89'59'3T'E., FOR A DISTANCE OF 100.00 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY; WHOSE RADIUS POINT BEARS N.89'59'3TE., THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 52'30'17", SUBTENDED BY A CHORD OF 17.69 FEET AT A BEARING OF 5.26.15'32 "E., FOR A DISTANCE OF 18.33 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL ANGLE OF 15'00'34 ", SUBTENDED BY A CHORD OF 24.82 FEET AT A BEARING OF S.45 "OV23'E., FOR A DISTANCE OF 24.69 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 52'30'11", SUBTENDED BY A CHORD OF 17,69 FEET AT A BEARING OF Skr4511 "E, FOR A DISTANCE OF 18.33 FEET TO THE END OF SAID CURVE; THENCE RUN 5.00'0023 "E, FOR A DISTANCE OF 130.00 FEET; THENCE RUN N.89'59'37 S., Packet Page -128- 6/24/2014 9.C. 6/24/2014 9.C. FOR A DISTANCE OF 113.79 FEET; THENCE RUN S.00'00'23 "E., FOR A DISTANCE OF 150.36 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 320.00 FEET, THROUGH A CENTRAL ANGLE OF 29'3713 ", SUBTENDED BY A CHORD OF 163.77 FEET AT A BEARING OF S.14'013"W., FOR A DISTANCE OF 165.62 FEET TO A POINT OF COMPOUND CURVE CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1190.00 FEET, THROUGH A CENTRAL ANGLE OF 18.36'36 ", SUBTENDED BY A CHORD OF 364.62 FEET AT A BEARING OF S.38.57'08"W., FOR A DISTANCE OF 386.52 FEET TO A POINT OF COMPOUND CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS POINT BEARS S.15'24'12"W., THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE.RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 69°39'38", SUBTENDED BY A CHORD OF 44.77 FEET AT A BEARING OF S.44'45'6VE., FOR A DISTANCE OF 46.86 FEET TO A POINT OF REVERSE CURVE; CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 62.58 FEET, THROUGH A CENTRAL ANGLE OF 18'3825", SUBTENDED BY A CHORD OF 2027 FEET AT A BEARING OF 324'95'23 "E_, FOR A DISTANCE OF 20.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 61'46'37 ", SUBTENDED BY A CHORD OF 46.20 FEET AT A BEARING OF S.02'41'17"E., FOR A DISTANCE OF 45.52 FEET TO THE END OF SAID CURVE; THENCE RUN S.28'12'02'W„ FOR A DISTANCE OF 70.46 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 30020 FEET, THROUGH A CENTRAL ANGLE OF 28'33'16 SUBTENDED BY A CHORD OF 137.80 FEETATA BEARING OF S.14'5524"W., FOR A DISTANCE OF 139.04 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 300.00 FEET, THROUGH A CENTRAL.ANGLE OF 74'19'4T', SUBTENDED BY A CHORD OF 36147 FEET AT A BEARING OF S.38'48'40"W., FOR A DISTANCE OF 389.19 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 300.00 FEET, THROUGH A CENTRAL ANGLE OF 8558'55', SUBTENDED BY A CHORD OF 409.13 FEET AT A BEARING OF S.32'69'06"W., FOR A DISTANCE OF 45020 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 111 °4756 ", SUBTENDED BY A CHORD OF 74.64 FEET AT A BEARING OF S.45'54'37"W., FOR A DISTANCE OF 87.83 FEET TO THE END OF SAID CURVE; THENCE RUN N.78'1 0'26"W., FOR A DISTANCE OF 194.68 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY. ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 118 °41'28 ", SUBTENDED BY A CHORD OF 76.81 FEET AT A BEARING OF N.19'4941"W., FOR A DISTANCE OF 91.65 FEET TO THE END OF SAID CURVE; THENCE RUN N.38'31'03'E., FORA DISTANCE OF 111.08 FEET; THENCE RUN N.61'28'67"W., FORA DISTANCE OF 105.27 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY; WHOSE RADIUS POI NT BEARS N.49'16'14"W., THEREFROM; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 365.00 FEET, THROUGH A CENTRAL ANGLE OF 75 °57'07 ", SUBTENDED BY A CHORD OF 449.19 FEET AT A BEARING OF S.78142120"W., FOR A Cw..aaeNm.�Dctlooaumx DAY ALL 3 -1 PKW Z Packet Page -129- DISTANCE OF 483.85 FEET TO A POINT OF COMPOUND CURVE CONCAVE WESTERLY; WHOSE RADIUS POINT BEARS S.53108127'W., THEREFROM; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 107°40'34 ", SUBTENDED BY A CHORD OF 7266 FEET AT A BEARING OF S.16'58'4N W., FOR A DISTANCE OF 84.67 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; WHOSE RADIUS POINT BEARS S.18.5t'32"E , THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 260.00 FEET, THROUGH A CENTRAL ANGLE OF 74'43'05', SUBTENDED BY A CHORD OF 315,54 FEET AT A BEARING OF 5.33'46'55'W., FOR A DISTANCE OF 339.06 FEET TO THE END OF SAID CURVE; THENCE RUN S.03.3437"E., FOR A DISTANCE OF 87.88 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 225.00 FEET, THROUGH A CENTRAL ANGLE OF 94 °37'47", SUBTENDED BY A CHORD OF 330.79 FEET AT A BEARING OF S.43.44'161W., FOR A DISTANCE OF 371.61 FEET TO THE END OF SAID CURVE; THENCE RUN N.88'5650"W., FOR A DISTANCE OF 322.37 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 285.00 FEET, THROUGH A CENTRAL ANGLE OF 16°35'10", SUBTENDED BY A CHORD OF 9205 FEET AT A BEARING OF N.79'39'15'W„ FOR A DISTANCE OF 92.45 FEET TO THE END OF SAID CURVE; THENCE RUN N.88'68'39'W., FOR A DISTANCE OF 664.33 FEET; THENCE RUN N.86'S6'39'W., FOR A DISTANCE OF 164.75 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF 34'37'19", SUBTENDED BY A CHORD OF 47.61 FEET AT A BEARING OF S.73.44'42 "W., FOR A DISTANCE OF 48.34 FEET TO A POINT OF COMPOUND CURVE CONCAVE EASTERLY; WHOSE RADIUS POINT BEARS S.66'5(738 "E., THEREFROM; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 141.52 FEET, THROUGH A CENTRAL ANGLE OF 50'15'07", SUBTENDED BY A CHORD OF 120.18 FEET AT A BEARING OF S.01'58'11'E., FOR A DISTANCE OF 124.12 FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY WHOSE RADIUS POINT BEARS S.82'57`429N_, THEREFROM; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 221.41 FEET, THROUGH A CENTRAL ANGLE OF 10.1021 ", SUSTENDED BY A CHORD OF 39.26 FEET AT A BEARING OF S.21'67'07"E., FOR A DISTANCE OF 39.31 FEET TO A POINT OF CUSP; THENCE RUN N.7714642"W., FOR A DISTANCE OF 239.43 FEET; THENCE RUN N.88'51'57 W., FOR A DISTANCE OF 836.47 FEET; THENCE RUN 5.45-53-2V W., FOR A DISTANCE OF 5820 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS S.66 °02'35'W., A DISTANCE OF 150.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 150.00 FEET, THROUGH A CENTRAL ANGLE OF 119'4T34", SUBTENDED BY A CHORD OF 259.64 FEET AT A BEARING OF S.35.5671"W., FOR A DISTANCE OF 313.62 FEET TO THE END OF SAID CURVE; THENCE RUN S.07'2W26"E., FOR A DISTANCE OF 32.73 FEET; THENCE RUN N.71'08'30"W., FOR A DISTANCE OF 278.51 FEET; THENCE RUN N.40 "32'33 "W., FOR A DISTANCE OF 115.86 FEET; THENCE RUN N.73'21'5M,, FOR A DISTANCE OF 121.18 FEET; THENCE RUN N.47'48'15"W., FOR A DISTANCE OF 115.86 FEET; THENCE RUN N.62•56'36"W., FOR A DISTANCE OF 260.80 FEET; THENCE RUN S.67149142"W., FOR A DISTANCE OF 55.38 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S.70'23'14"W., A DISTANCE OF 80.00 cus.N.b.mlw.mw.w%CDw ovemm Packet Page -130- 6/24/2014 9.C. FEET THEREFROM; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF 29.33'16', SUBTENDED BY A CHORD OF 30.61 FEET AT A BEARING OF N.342324"W., FOR A DISTANCE OF 30.95 FEET TO THE END OF SAID CURVE; THENCE RUN N.49'10'02'W„ FOR A DISTANCE OF 79.40 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 220.00 FEET, THROUGH A CENTRAL ANGLE OF 16 °47'51, SUBTENDED BY A CHORD OF 6427 FEET AT BEARING OF N.40'46'06'W., FOR A DISTANCE OF 64.50 FEET TO A POINT OF COMPOUND CURVE CONCAVE EASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 45 °48'11', SUBTENDED BY A CHORD OF 23.36 FEET AT A BEARING OF N,0V28'D5 'W., FOR A DISTANCE OF 23.98 FEET TO THE END OF SAID CURVE; THENCE RUN N. 13'26'00"E., FOR A DISTANCE OF 25.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL ANGLE OF 134'1 VW', SUBTENDED BY A CHORD OF 175.02 FEET AT A BEARING OF N.53'39'55'W., FOR A DISTANCE OF 222.51 FEET TO THE END OF SAID CURVE; THENCE RUN 5.59'14'09"W., FOR A DISTANCE OF 96,48 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 166.00 FEET, THROUGH A CENTRAL ANGLE OF 70.01'59', SUBTENDED BY A CHORD OF 177.88 FEET AT A BEARING OF N.85.44'62 "W., FOR A DISTANCE OF 189.46 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 260.00 FEET, THROUGH A CENTRAL ANGLE OF 36.36'21 ", SUBTENDED BY A CHORD OF 163.30 FEET AT A BEARING OF N.69'02103W., FOR A DISTANCE OF 166,11 FEET TO THE END OF SAID CURVE; THENCE RUN N.87'20'14'W., FOR A DISTANCE OF 76.56 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 80'1TOB ", SUBTENDED BY A CHORD OF 38.68 FEET AT A BEARING OF N.4711'40 "W., FOR A DISTANCE OF 42.04 FEET TO THE END OF SAID CURVE; THENCE RUN N.07'03'06 "W., FOR A DISTANCE OF 61.34 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A, RADIUS OF 60.00 FEET, THROUGH A CENTRAL ANGLE OF 62.31'37, SUBTENDED BY A CHORD OF 62.28 FEET AT A BEARING OF N.38'18'54'W., FOR A DISTANCE OF 65.48 FEET TO THE END OF SAID CURVE; THENCE RUN N.69'3443 "W., FOR A DISTANCE OF 43.13 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 1i6'44'05 ", SUBTENDED BY A CHORD OF 170.29 FEET AT A BEARING OF S.52'03'1 5"W.. FOR A DISTANCE OF 203.74 FEET TO THE END OF SAID CURVE; THENCE RUN N.55'5VO4"W., FOR A DISTANCE 315.24 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N.23'60'44'W„ A DISTANCE OF 70.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 70,00 FEET, THROUGH A CENTRAL ANGLE OF 47 °56'16', SUBTENDED BY A CHORD OF 56.87 FEET AT A BEARING OF N.42'11'OB'E-, FOR A DISTANCE OF 58.57 FEET TO A POINT OF COMPOUND CURVE, CONCAVE C.•qu.Avs" uromOmaLmo -u- Packet Page -131- 6/24/2014 9.C. WESTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 170.00 FEET, THROUGH A CENTRAL ANGLE OF 4r`13'15", SUBTENDED BY A CHORD OF 133.45 FEET AT A BEARING OF N.04'5317'W., FOR A DISTANCE OF 137.14 FEET TO THE END OF SAID CURVE; THENCE RUN N28 °0V14'W., FOR A DISTANCE OF 88.72 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 250.00 FEET, THROUGH A CENTRAL ANGLE OF 60'36'38", SUBTENDED BY A CHORD OF 25230 FEET AT A BEARING OF N.68'16'32'W., FOR A DISTANCE OF 284.46 FEET TO THE END OF SAID CURVE; THENCE RUN N.BB'36 61'W., FOR A DISTANCE OF 147.41 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET, THROUGH A CENTRAL ANGLE OF 103'58148 ", SUBTENDED BY A CHORD OF 94.55 FEET AT A BEARING OF S.39'23'46"W., FOR A DISTANCE OF 108.69 FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 35'43'08", SUBTENDED BY A CHORD OF 122.67 FEET AT A BEARING OF S.05.1658'W., FOR A DISTANCE OF 124.68 FEET TO A POINT OF REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 135.00 FEET, THROUGH A CENTRAL ANGLE OF 47'5949', SUBTENDED BY A CHORD OF 109.61 FEET AT A BEARING OF SAO.52'24"E., FOR A DISTANCE OF 113.09 FEET TO THE END OF SAID CURVE; THENCE RUN S.24 °52'19 "E, FOR A DISTANCE OF 39.34 FEET; THENCE RUN S.89040'18'W., FOR A DISTANCE OF 193.51 FEET; THENCE RUN NA3'111'01'E., FOR A DISTANCE OF 14.29 FEET; THENCE RUN N.74111131"W., FOR A DISTANCE OF 69.02 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 77 °11'31 ", SUBTENDED BY A CHORD OF 249.53 FEET AT A BEARING OF N.35'364M., FOR A DISTANCE OF 269.45 FEET TO THE END OF SAID CURVE; THENCE RUN N.03'00'00'E., FOR A DISTANCE OF 60.69 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 35.00 FEET, THROUGH A CENTRAL ANGLE OF 91'3T44 ", SUBTENDED BY A CHORD OF 50.20 FEET AT A BEARING OF N.42'48'S w, FOR A DISTANCE OF 55.97 FEET TO THE ENO OF SAID CURVE; THENCE RUN N.88'3744"W., FOR A DISTANCE OF 109.06 FEET; THENCE RUN S.84'5736'W., FOR A DISTANCE OF 58.87 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 45.D0 FEET, THROUGH A CENTRAL ANGLE OF 109'47'15, SUBTENDED BY A CHORD OF 73.63 FEET AT A BEARING OF 8.30103158"W., FOR A DISTANCE OF 86,23 FEET TO THE END OF SAID CURVE; THENCE RUN S.24'49'40"E., FOR A DISTANCE OF 92.45 FEET; THENCE RUN S.19'45'17"E., FOR A DISTANCE OF 120.70 FEET, TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 37'39'13', SUBTENDED BY A CHORD OF 12.91 FEET AT A BEARING OF 8.00'55'41 "E., FOR A DISTANCE OF 13.14 FEET TO THE END OF SAID ; THENCE RUN SA7'53'56 W., FOR A DISTANCE OF 49.67 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 80.D0 FEET, THROUGH A CENTRAL c1U."+a +c"mOVnA LLsaci4ex Packet Page -132- 6/24/2014 9.C. 6/24/2014 9.C. ANGLE OF 70°2821", SUBTENDED BY A CHORD OF 92.31 FEET AT A BEARING OF S.17'20'15'E., FOR A DISTANCE OF 98.40 FEET TO THE END OF SAID CURVE; THENCE RUN S.52'34'25"E., FOR A DISTANCE OF 25.66 FEET; THENCE RUN S.77'39AW W., FOR A DISTANCE OF 931.61 FEET; THENCE RUN N.00'25U "W., FOR A DISTANCE OF 2,870.69 FEET; THENCE RUN N.26.572M., FOR A DISTANCE OF 1130.00 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N26'57'22"W., A DISTANCE OF 709.89 FEET THEREFROM; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 709.89 FEET, THROUGH A CENTRAL ANGLE OF 15'23'22", SUBTENDED BY A CHORD OF 190.10 FEET AT A BEARING OF 6.70'44'19 "W., FOR A DISTANCE OF 190.68 FEET TO THE END OF SAID CURVE AND TO A POINT ON THE WEST LINE OF SAID SECTION 13; THENCE RUN N.00'2V31"W. ALONG THE WEST LINE OF SAID SECTION 13, FOR A DISTANCE OF 495.62 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ONE QUARTER OF SECTION 14, TOWNSHIP 51 SOUTH, RANGE 28 EAST; THENCE RUN N.88'20'44"W. ALONG THE SOUTH LINE OF THE NORTH ONE QUARTER OF SAID "SECTION 14, FOR A-DISTANICE OF 89250 FEET; THENCE-RUN N.52'52401'W., FOR A DISTANCE OF 17323 FEET; THENCE RUN 8.37'07'69"W., FOR A DISTANCE OF 123.46 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ONE QUARTER OF SAID SECTION 14; THENCE RUN N.88'20'44"W. ALONG THE SOUTH LINE OF THE NORTH ONE QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 2,557.19 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE HALF, OF THE NORTHEAST ONE QUARTER, OF THE NORTHWEST ONE QUARTER OF SAID SECTION 14; THENCE RUN N.00'02'OT'E. ALONG THE WEST LINE OF THE EAST ONE HALF, OF THE NORTHEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 1,389.88 FEET TO A POINT ON THE SOUTH LINE OF SECTION 11, TOWNSHIP 51 S., RANGE 26 E. COLLIER COUNTY FLORIDA; THENCE RUN N.Sfi°05'43"W. ALONG THE SOUTH LINE OF SAID SECTION 11, FOR A DISTANCE OF 590.35 FEET; THENCE RUN N.01 -43-02-E., FOR A DISTANCE OF 1,493.79 FEET; THENCE RUN 8.88'09'55'E., FOR A DISTANCE OF 1,274.00 FEET; THENCE RUN S.88'09'46'E., FOR A DISTANCE OF 1374.52 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE HALF OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 11; THENCE RUN N.01.13'S4 "E. ALONG THE WEST LINE OF EAST ONE HALF OF THE SOUTHEAST ONE QUARTER AND ALONG THE WEST LINE OF THE SOUTHEAST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SAID SECTION 11, FOR A DISTANCE OF 1,860.10 FEET; THENCE RUN S.88'46'12 "E., FOR A DISTANCE OF 518.33 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS N.88 °32'40 "E., A DISTANCE OF 350.00 FEET THEREFROM; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 350,00 FEET, THROUGH A CENTRAL ANGLE OF 37'05'11 ", SUBTENDED BY A CHORD OF 222.61 FEET AT A BEARING OF N.17'05'16"E., FOR A DISTANCE OF 226.55 FEET TO THE END OF SAID CURVE; THENCE RUN N.35'37'51 "E., FOR A DISTANCE OF 214.87 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID US 41; THENCE RUN S.64.21'53 "E. ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID US 41, FOR A DISTANCE OF 807.97 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 11; THENCE RUN S.01'00'06W. ALONG THE EAST LINE OF SAID SECTION 11, FOR A DISTANCE OF 3,308.61 FEET, TO THE POINT OF BEGINNING: CONTAINING OR 1,079.00 ACRES, MORE OR LESS. C.'QJeaU�eF61m,1Dwloo�llSlOx OYCRAI.LLIPItJx & Packet Page -133- 6/24/2014 9 . C . LESS AND EXCEPT: A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 14, TOWNSHIP 61 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHEAST Y. OF THE NORTHEAST'' /. OF THE NORTHEAST V4 OF SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONTAINING 10.906 ACRES, MORE OR LESS. TOTAL ACRES OF THE OVERALL PARCEL IS 1068.08 ACRES, MORE OF LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, BEARINGS ARE BASED ON THE NORHT LINE OF SAID SECTION 13 AS BEING S.89 °55'46 "E. HOLE MONTESJNC. CERTIFICATE. OF-AUTHORIZATION L8 #1772 c V. #6278 JO}iK 1Lry STATE OF FLORIDA cua..ai.nafiiw.w..mp�too� ovnu.��- �� -u.4e� I Packet Page -134- A +1 O ml- U O aj m 11 W � � i Q JP /o v el, COLLIER BOULEVARD (5.R.951 6/24/2014 9.C. -N Q +1 C7 O =a O �o X� �Wo o U 11 a 0-s- 0 �a CL t� N }�. W W D w o � go W� uj 91 Z 1ILI w0 LL Z FIDDLER'S GREEK COMMUNITY DEVELOPMENT DISTRICT #2 450 Eno" way I-IDULEK'S URELK —' I ` ,gip„ 'r2 20 DISTRICT #2 °'�� °� ^� am M FleM CarMteah of w uNU�t ao�eesawesleet�pe Auftft on No.17n LOCATION MAP a � mT: urRrmrmi Packet Page -135- i 6/24/2014 9.C. 14D» Tuesday, Jurie10,2014H NAPLES DAILY NEWS PUBLIC NOTICE PUBLIC NOTIUI -r -- NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, June 24th, 2014 in the Boardroom, 3rd Floor, Administration Building, (Bldg. F.) Collier County Government Center, 3299 E. Tamiami Trail, Naples, Florida, the Board of County Commissioners will hold a public hearing to consider the adoption of the following County Ordinance. The meeting will commence at 9:00 a.m. The title of the proposed ordinance is as follows: ORDINANCE NO. 2014-, AN ORDINANCE AMENDING ORDINANCE NO. D2-61, THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NUMBER 2; AMENDING THE DISTRICT BY EXPANDING THE EXTERNAL BOUNDARIES, INCREASING THE DISTRICT FROM 998.79 ACRES TO 1,W8.09.ACRES, OR 69.30 ADDITIONAL ACRES; PROVIDING AUTHORIZATION FOR THE EXERCISE OF SPECIAL POWERS REGARDING PARKS AND FACILITIES AND INDOOR AND OUTDOOR RECREATIONAL, CULTURAL AND EDUCATIONAL USES AND SECURITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. The existing District is located entirely within Collier County, Florida, covering 998.79 acres of land, located in Sections 11, 13, 14, Township 51 South„ Range 26 East, and Section 18, Township 51 South, Range 27 East. The proposed District is located entirely within Collier County, Florida in the proposed District annexation area covering 69.30 acres of land, located in portions of Sections 13, Township 51 South, Range 26 East and Section 18, Township 51 South, Range 27 East. The purpose of the hearing is to consider the adoption of an amendment to Ordinance 2002 -61, requesting the Board of County Commissioners consent to the Fiddler's Creek #2 Community Development District annexation of additional acreage and as requested by the Board of Supervisors, to exercise special powers as referenced above. All interested parties are invited to appear and be heard. Copies of the proposed amendment is available for inspection at the Collier County Clerk's Office, 4th Floor, Administration Building, Collier County Government Center, East Naples, Florida; and at the Planning & Zoning Department, Comprehensive Planning Section, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to the document should be directed to the Planning & Zoning Department, Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Tuesday, June 24, 2014, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS - COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon Deputy Clerk (SEAL) No 231148060 June 10. 2014 Packet Page -136- _ �, • w, szmf)3' The existing District is located entirely within Collier County, Florida, covering 998.79 acres of land, located in Sections 11, 13, 14, Township 51 South„ Range 26 East, and Section 18, Township 51 South, Range 27 East. The proposed District is located entirely within Collier County, Florida in the proposed District annexation area covering 69.30 acres of land, located in portions of Sections 13, Township 51 South, Range 26 East and Section 18, Township 51 South, Range 27 East. The purpose of the hearing is to consider the adoption of an amendment to Ordinance 2002 -61, requesting the Board of County Commissioners consent to the Fiddler's Creek #2 Community Development District annexation of additional acreage and as requested by the Board of Supervisors, to exercise special powers as referenced above. All interested parties are invited to appear and be heard. Copies of the proposed amendment is available for inspection at the Collier County Clerk's Office, 4th Floor, Administration Building, Collier County Government Center, East Naples, Florida; and at the Planning & Zoning Department, Comprehensive Planning Section, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to the document should be directed to the Planning & Zoning Department, Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Tuesday, June 24, 2014, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS - COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon Deputy Clerk (SEAL) No 231148060 June 10. 2014 Packet Page -136- _ �, 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 BASIC FINANCIAL STATEMENTS September 30, 2012 Packet Page -137- 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 BASIC FINANCIAL STATEMENTS September 30, 2012 TABLE OF CONTENTS PAGES BASIC FINANCIAL STATEMENTS Independent Auditors' Report 1 -2 Management's Discussion and Analysis (Not Covered by Independent Auditors' Report) 3 -6 Basic Financial Statements: Government -wide Financial Statements: Statement of Net Assets (Deficit) 7 Statement of Activities 8 Fund Financial Statements: Balance Sheet - Governmental Funds 9 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets (Deficit) 10 Statement of Revenues, Expenditures and Changes in Fund Balances - Governmental Funds 11 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities 12 Statement of Revenues, Expenditures and Change in Fund Balance - Budget and Actual - General Fund 13 Notes to Basic Financial Statements 14 -27 OTHER REPORTS OF INDEPENDENT AUDITORS Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 28 -29 Independent Auditors' Report to District Management 30 -31 Schedule of Findings and Recommendations 32 Packet Page -138- 6/24/2014 9.C. BASIC FINANCIAL STATEMENTS Packet Page -139- 6/24/2014 9.C. Keefe, McCullough & Co., LLP Certified Public Accountants INDEPENDENT AUDITORS' REPORT To the Board of Supervisors Fiddler's Creek Community Development District #2 Collier County, Florida Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of Fiddler's Creek Community Development District #2 (the "District ") as of and for the year ended September 30, 2012, and the related notes to the financial statements, which collectively comprise the District's basic financial statements, as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements are free of material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. 6550 N. Federal Highway V Suite 410 =n Fort Lauderdale, FL 33348 � 954.771.0896 -' 954.938.9353 (F) Y, v .kmccpa.com Packet Page -140- 6/24/2014 9.C. Fiddler's Creek Community Development District #2 Opinion In our opinion the financial statements referred to in the first paragraph present fairly, in all material respects, the financial position of the governmental activities, each major fund and the aggregate remaining fund information of Fiddler's Creek Community Development District #2 as of September 30, 2012 and the changes in financial position thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis on pages 3 through 6 be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated October 23, 2013, on our consideration of the District's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the District's internal control over financial reporting and compliance. Fort Lauderdale, Florida October 23, 2013 Packet Page -141- Kec�e, 7/hcCtt6t,�It & Co., /-/--P KEEFE, McCULLOUGH & CO., LLP 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 MANAGEMENT'S DISCUSSION AND ANALYSIS September 30, 2012 Our discussion and analysis of Fiddler's Creek Community Development District #2's (the District) financial performance provides an overview of the District's financial activities for the years ended September 30, 2012 and 2011. Please read it in conjunction with the District's basic financial statements, which immediately follow this discussion. FINANCIAL HIGHLIGHTS 2012: The following are the highlights of financial activity for the year ended September 30, The District's total liabilities exceeded its assets at September 30, 2012 by $ 39,732,177 (deficit). The District's total revenues were $ 5,729,557, $ 5,691,410 from non -ad valorem assessments, $ 2,724 from interest income and $ 35,423 from miscellaneous income. The District's expenses for the year were $ 11,649,626. OVERVIEW OF THE FINANCIAL STATEMENTS This discussion and analysis is intended to serve as an introduction to the District's basic financial statements. The basic financial statements are comprised of three components: 1) government -wide financial statements, 2) fund financial statements, and 3) notes to financial statements. Government -Wide Financial Statements The government -wide financial statements, which consist of the following two statements, are designed to provide readers with a broad overview of the District's finances, in a manner similar to a private sector business. The statement of net assets (deficit) presents information on all the District's assets and liabilities, with the difference between the two reported as net assets (deficit). Over time, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the District is improving or deteriorating. The statement of activities presents information showing how the District's net assets changed during the year. All changes in net assets are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods. The government -wide financial statements can be found on pages 7 and 8 of this report. Fund Financial Statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The District has only one fund type: governmental funds. Packet Page -142- 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 MANAGEMENT'S DISCUSSION AND ANALYSIS September 30, 2012 Governmental funds are used to account for essentially the same functions reported as governmental activities in the government -wide financial statements. However, unlike the government -wide financial statements, governmental fund financial statements focus on near -term inflows and outflows of spendable resources, as well as balances of spendable resources available at the end of the year. Such information may be useful in evaluating a government's near -term financing requirements. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government -wide financial statements. By doing so, readers may better understand the long -term impact of the District's near -term financing decisions. Both the governmental fund balance sheet and the statement of revenues, expenditures, and changes in fund balances provide reconciliations to facilitate this comparison between governmental funds and governmental activities. The governmental fund financial statements can be found on pages 9 through 13 of this report. Notes to Basic Financial Statements The notes provide additional information that is essential for a full understanding of the data provided in the government -wide and fund financial statements. The notes to basic financial statements can be found on pages 14 through 27 of this report. GOVERNMENT -WIDE FINANCIAL ANALYSIS As noted earlier, net assets may serve over time as a useful indicator of financial position. The following table reflects the condensed government -wide statement of net assets (deficit) as of September 30, 2012 and 2011: Fiddler's Creek Community Development District #2 Statement of Net Assets (Deficit) 2012 2011 Current and other assets $ 10,491,102 $ 11,935,512 Capital assets, net 42,600,912 44,074,535 Total assets 53,092,014 Other liabilities 2,783,378 Long -term liabilities 90,040,813 Total liabilities 92, 824,191 Net assets (deficit): Invested in capital assets, net of related debt (deficit) (45,353,434) Restricted for debt service 4,443,020 Unrestricted 1,178,237 Total net assets (deficit), as restated $ (39,732,177) Packet Page -143- 56, 010, 047 13,862,156 75,960,000 89,822,156 (35,055,465) 1,243,357 $ (33,812,10L 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 MANAGEMENT'S DISCUSSION AND ANALYSIS September 30, 2012 Governmental Activities Governmental activities for the year ended September 30, 2012 increased the District's net assets (deficit) by $ 5,920,069, as reflected in the table below: Fiddler's Creek Community Development District #2 Statement of Activities NET ASSETS (DEFICIT), BEGINNING OF YEAR, AS RESTATED (33,812,108) (24,116,857) NET ASSETS (DEFICIT), END OF YEAR $ (39, 732,177) $ (33, 812,108) ANALYSIS OF THE GOVERNMENTAL FUNDS As noted earlier, the District uses fund accounting to ensure and demonstrate compliance with finance - related legal requirements. The focus of the District's governmental funds is to provide information on near -term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the District's financing requirements. In particular, unassigned fund balance may serve as a useful measure of a District's net resources available for spending at the end of the fiscal year. The General, Debt Service and Capital Project Funds comprise the total governmental funds. As of the end of the most current fiscal year, the District's governmental funds reported combined ending fund balance of $ 8,340,051. Packet Page -144- 2012 2011 REVENUES: Program revenue: Non -ad valorem assessments $ 5,691,410 $ 1,214,823 General revenue: Miscellaneous income 35,423 78,794 Interest income 2,724 5,350 Total revenues 5,729,557 1,298,967 EXPENSES: Interest expense 4,799,432 6,319,752 Allowance for assessments 3,752,576 Physical environment 2,446,614 2,465,615 General government 572,799 2,130,646 Other debt service costs 78,205 78,205 Total expenses 11,649,626 10,994,218 Change in net assets (5,920,069) (9,695,251) NET ASSETS (DEFICIT), BEGINNING OF YEAR, AS RESTATED (33,812,108) (24,116,857) NET ASSETS (DEFICIT), END OF YEAR $ (39, 732,177) $ (33, 812,108) ANALYSIS OF THE GOVERNMENTAL FUNDS As noted earlier, the District uses fund accounting to ensure and demonstrate compliance with finance - related legal requirements. The focus of the District's governmental funds is to provide information on near -term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the District's financing requirements. In particular, unassigned fund balance may serve as a useful measure of a District's net resources available for spending at the end of the fiscal year. The General, Debt Service and Capital Project Funds comprise the total governmental funds. As of the end of the most current fiscal year, the District's governmental funds reported combined ending fund balance of $ 8,340,051. Packet Page -144- 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 MANAGEMENT'S DISCUSSION AND ANALYSIS September 30, 2012 CAPITAL ASSETS AND DEBT ADMINISTRATION The District's investment in capital assets for its governmental activities as of September 30, 2012 amounts to $ 42,600,912 net of accumulated depreciation and consists of land and improvements, infrastructure, buildings and improvements, equipment, and construction in progress. At the end of the year, the District had total bonded debt outstanding of $ 91,747,584. The District's debt represents bonds secured solely by a specified revenue source (i.e., revenue bonds). Additional information on the District's long -term debt can be found in Note 5 on pages 20 through 23 of this report. GENERAL FUND BUDGETARY HIGHLIGHTS There was an amendment to the September 30, 2012 budget. Actual expenditures exceeded budget due to certain litigation expenditures, including certain legal fees paid by the Trustee without the District's consent. As more fully described in Note 11, the District filed suit seeking to recover these amounts. The suit is ongoing, however, the District has obtained an order by the trial court directing the Trustee to recommence paying construction draws and to pay the entire amount of accrued withheld construction draws. This decision was upheld on appeal and the Trustee has since repaid the District approximately $ 146,500 in accrued unpaid construction draws in accordance with the appellate court decision. The District has moved for summary judgment to collect the money that was previously taken by the Trustee for its legal fees from the construction and the remedial accounts. ECONOMIC FACTORS AND NEXT YEAR'S BUDGET Revenues and expenditures for the fiscal year 2013 adopted budget for the General Fund of the District total approximately $ 1,437,100. REQUESTS FOR INFORMATION This financial report is designed to provide a general overview of Fiddler's Creek Community Development District #2's finances for all those with an interest. Questions concerning any of the information provided in this report or requests for additional information should be addressed to the Fiddler's Creek Community Development District #2, 6131 Lyons Road, Suite 100, Coconut Creek, FL 33073. Packet Page -145- 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 STATEMENT OF NET ASSETS (DEFICIT) September 30, 2012 Governmental Total assets 53,092,014 LIABILITIES: Activities ASSETS: 114,180 Cash and cash equivalents $ 9,145,471 Assessment receivable 42,035 Prepaid expenditures 5,000 Due from other government 308 Capital assets: 110,736 Non - depreciable 23, 745,523 Depreciable, net 18,855,389 Unamortized bond issuance costs 1,298,288 Total assets 53,092,014 LIABILITIES: Accounts payable 114,180 Due to other governments 14,629 Due to Bondholder Principal 180,000 Interest 433,218 Due to Developer 110,736 Accrued interest payable 403,844 Bonds payable, due within one year 1,526,771 Bonds payable, due in more than one year 90,040,813 Total liabilities 92, 824,191 COMMITMENTS AND CONTINGENCIES (Notes 7 and 11) NET ASSETS (DEFICIT): Invested in capital assets, net of related debt (deficit) (45,353,434) Restricted for debt service 4,443,020 Unrestricted 1,178,237 Total net assets (deficit) $ (39,732,177) The accompanying notes to basic financial statements are an integral part of these statements. Packet Page -146- 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 STATEMENT OF ACTIVITIES For the Year Ended September 30, 2012 FUNCTIONS /PROGRAMS: Governmental activities: Interest expense Allowance for assessments Physical environment General government Other debt service cost Total governmental activities Governmental $ 11,649,626 $ 5,691,410 $ - $ - (5,958,216) General revenues: Miscellaneous income 35,423 Interest income 2,724 Change in net assets (5,920,069) Net assets (deficit), October 1, 2011, as restated (Note 12) (33,812,108) Net assets (deficit), September 30, 2012 $ (39,732,177) The accompanying notes to basic financial statements are an integral part of these statements. Packet Page -147- Activities Net Revenues Program Revenues (Expenses) and Charges Operating Capital Change in for Grants and Grants and Net Assets Expenses Services Contributions Contributions (Deficit) $ 4,799,432 $ 3,747,062 $ - $ - $ (1,052,370) 3,752,576 - - - (3,752,576) 2,446,614 925,018 - - (1,521,596) 572,799 1,019,330 - - 446,531 78,205 - - - (78,205) $ 11,649,626 $ 5,691,410 $ - $ - (5,958,216) General revenues: Miscellaneous income 35,423 Interest income 2,724 Change in net assets (5,920,069) Net assets (deficit), October 1, 2011, as restated (Note 12) (33,812,108) Net assets (deficit), September 30, 2012 $ (39,732,177) The accompanying notes to basic financial statements are an integral part of these statements. Packet Page -147- � U Q1 U G � r O J C O O a IS �L) ¢aao 000 N 1�1 00 M m 69 00 Cd--� V1 O 00 (> rMOO D M 00 M U N I/; N lr1 � 7 H} ti1 > C� I C\ 00 N II i 00 64 zz fA N O N M N O v v C LL r � r cl s.. V C4 y U] N N Packet Page -148- 69 L) 69 H ON U b 00 N I I I I 00 N .�+ Z �UCY W a a vo z OQ � Z rq W z° O o Z O s v� Uw U M N^. --' CT N vn 'o O N n r W LQEn N o w r�Y� 69 EH r'►►+' ^^r1 11 /v 00 00 \n W r O r o c C, C\ L,7 c70M V"�, U LL, C M 'r 7 w � U Q1 U G � r O J C O O a IS �L) ¢aao 000 N 1�1 00 M m 69 Cl I I I C:� (714 N 00 kr) 00 N C 00 ter O ri c�i N N 64 N OOOOM O O 1-1 r O Vi M M 00 O M i Co' r r r r i I N N V1 � 00 p0 00 N N 00 00 r r M M 00 00 rq 00 I I I O O v0 O o r r N N 6/24/2014 9.C. lus oMo N 7 d' O� 69 N N M M r N 6R YI M V"1 00 � y N Lr �n a an M cc Cz Cn O � M � r O � � U Cn N CC N O CIO �J M V .�• 0 00 't M U N � H} ti1 I 1 ti I 00 N i 00 = zz z� N O N Cl I I I C:� (714 N 00 kr) 00 N C 00 ter O ri c�i N N 64 N OOOOM O O 1-1 r O Vi M M 00 O M i Co' r r r r i I N N V1 � 00 p0 00 N N 00 00 r r M M 00 00 rq 00 I I I O O v0 O o r r N N 6/24/2014 9.C. lus oMo N 7 d' O� 69 N N M M r N 6R YI M V"1 00 � y N Lr �n a an M cc Cz Cn O � M � r O � � U Cn N CC N O CIO �J M V .�• 0 v. U z >7�2o; Cb� = zz z� zzzz Packet Page -148- L) W 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 RECONCILIATION OF THE BALANCE SHEET OF GOVERNMENTAL FUNDS TO THE STATEMENT OF NET ASSETS (DEFICIT) September 30, 2012 AMOUNTS REPORTED FOR GOVERNMENTAL ACTIVITIES IN THE STATEMENT OF NET ASSETS (DEFICIT) ARE DIFFERENT BECAUSE: Total fund balances of governmental funds in the balance sheet, page 9 Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the funds: The cost of capital assets is Less accumulated depreciation Other assets used in governmental activities are not financial resources and therefore are not reported in the governmental funds: Deferred charge on issuance costs (to be amortized over the life of the debt) Less accumulated amortization Certain liabilities are not due and payable in the current period, and therefore are not reported in the governmental funds: Accrued interest payable Governmental revenue bonds payable NET ASSETS (DEFICIT) OF GOVERNMENTAL ACTIVITIES, PAGE 7 $ 8,340,051 52,614,105 (10,013,193) 1,909, 498 (611,210) (403,844) (91,567,584) $ (39,732,177) The accompanying notes to basic financial statements are an integral part of these statements. Packet Page -149- 6/24/2014 9.C. Ln Q�.)r Cd U h 4-w i RS it RS CC ZI...I 0 cd 0. O U U W M M N N 7 v0 a� t-- 't- -,t a r 0O 07 V - 7 'n 'n 1- c V1 O 'n � t` 7 �O O a N 'n N M Vr h a 00 t- a V1 00 00 V ID N V1 [� Co O O? !` t` VI 00 M et' 7 cn N N M a m > W `ry M M M 7 07 O U` 69 � V'1 en a N M M N ' 00 .y. iv c� U hV O O M N N N C rq C14 6v 7 M m M M O ON •D M v1 -r 7 N cd ua C .-. V U a Ln y� �.// z N N N N 00 V1 v? a a °` ID Q z y o a ¢ �Ua` Z ¢ w 61� 1A rz,� r- N N Vl M 00 *-I N z O N [� N t ... N O{� z C•�% v` ?� N CL N N N M M w o W {� r..+ r.. V 00 - ONi ... ... .y^1. 07 -.. L cn W /) v Vr .-r ll� O O V a a W b '� U i _ 7 �2 r N 00 •O" L) 0000 0000 N h Zwz 5 /Z 07 N 00 V a N 00 N N U V N 00 ' e��1 �'J '�J O�0 C, O N O `7 L 'n ` -� y Q LIr M --r M .--i 00 00 00 7 �4 Z M M N N wiZ v001, W) v, z � _ = 7 N a 00 N o7 00 a 00 N � w _ W U � � Q Q h�l w h N U y L U JL O U ..: Ua' b4 ..C. L Ln r ❑ W W C c E v o z "L, N i F rU„ W > ." T x > y �L rn N z � O U z U N z o u °q ° .L o x> Z o a a M d� z z- y> 0. 0• °- °� °a Z UA° '" W It n SLUL7° W x w ExHH O j W n w � Packet Page -150- 6/24/2014 9.C. Ln Q�.)r Cd U h 4-w i RS it RS CC ZI...I 0 cd 0. O U U 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES For the Year Ended September 30, 2012 NET CHANGES IN FUND BALANCES - TOTAL GOVERNMENTAL FUNDS, PAGE 11 $ 3,352,446 Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlays as expenditures. However, in the statement of activities, the cost of those assets is depreciated over their estimated useful lives: Expenditures for capital assets Less current year provision for depreciation Certain amounts relating to prior year receivables are considered expenses in the statement of activities but do not affect the fund level statements. Certain items reported in the statement of activities do not require the use of current financial resources and therefore are not reported as expenditures in the governmental funds: Provision for amortization of bond issuance costs Change in accrued interest payable CHANGE IN NET ASSETS OF GOVERNMENTAL ACTIVITIES, PAGE 8 80,677 (1,554,300) (3,752,576) (78, 205) (3,968,111) $ (5,920,069) The accompanying notes to basic financial statements are an integral part of these statements. Packet Page -151- 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - GENERAL FUND For the Year Ended September 30, 2012 REVENUES: Non -ad valorem assessments Interest income Total revenues EXPENDITURES: Current: General government: Physical environment Total expenditures Excess of revenues over expenditures OTHER FINANCING SOURCES: Transfers in Net change in fund balance FUND BALANCE (DEFICIT), October 1, 2011 FUND BALANCE (DEFICIT), September 30, 2012 Amended Original and Final Budget Budget Actual Variance $ 1,350,068 $ 1,944,348 $ 1,944,348 $ - 1,000 565 565 - 1,351,068 1,944,913 1,944,913 - 231,347 990,403 526,115 464,288 1,119,721 898,768 892,314 6,454 1,351,068 1,889,171 1,418,429 470,742 - 55,742 526,484 470,742 - 736,034 268,754 (467,280) - 791,776 795,238 3,462 (582,451) (582,451) (581451) - $ (582,451) $ 209,325 $ 212,787 $ 3,462 The accompanying notes to basic financial statements are an integral part of these statements. Packet Page -152- 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 NOTES TO BASIC FINANCIAL STATEMENTS September 30, 2012 NOTE 1 - ORGANIZATION AND OPERATIONS Fiddler's Creek Community Development District #2 (the District) was established November 19, 2002 under the provisions of Chapter 190 of the Florida Statutes by the Collier County Board of County Commissioners. The District was established for the purposes of financing and managing the acquisition, construction, maintenance and operation of the infrastructure necessary for community development within its jurisdiction. The District is authorized to issue bonds for the purpose, among others, of financing, funding, planning, establishing, acquiring, constructing or reconstructing, enlarging or extending, equipping, operating and maintaining water management, water supply, sewer and wastewater management, bridges or culverts, roads, landscaping, street lights and other basic infrastructure projects within or without the boundaries of the Fiddler's Creek Community Development District #2. The District is governed by a five- member Board of supervisors who are elected for four year terms. NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The basic financial statements of the District have been prepared in conformity with generally accepted accounting principles as applied to governmental units. The District's more significant accounting policies are described below: The financial reporting entity: The criteria used for including component units consist of identification of legally separate organizations for which the Board of Supervisors of the District are financially accountable. This criteria also includes identification of organizations for which the nature and significance of their relationship with the primary government are such that exclusion would cause the reporting entity's basic financial statements to be misleading or incomplete. Based upon this review, there were no potential component units of the District. Basis of presentation: FINANCIAL STATEMENTS - GOVERNMENT -WIDE STATEMENTS The District's basic financial statements include both government -wide (reporting the District as a whole) and fund financial statements (reporting the District's major funds). Both the government -wide and fund financial statements categorize primary activities as either governmental or business type. All of the District's activities are classified as governmental activities. In the government -wide statement of net assets, the governmental activities column is presented on a consolidated basis, if applicable, and is reported on a full- accrual, economic resource basis, which recognizes all noncurrent assets and receivables as well as all noncurrent debt and obligations, when and if applicable. The government -wide statement of activities reports both the gross and net cost of each of the District's functions. The net costs, by function, are also supported by general revenues, other revenue, etc. The statement of activities reduces gross expenses by related program revenues, operating and capital grants. Program revenues must be directly associated with the function. Operating grants include operating - specific and discretionary (either operating or capital) grants while the capital grants column reflect capital- specific grants. For the year ended September 30, 2012, the District had $ 5,691,410 in program revenues. Packet Page -1S3- 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 NOTES TO BASIC FINANCIAL STATEMENTS September 30, 2012 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) This government -wide focus is more on the ability to sustain the District as an entity and the change in the District's net assets resulting from the current year's activities. FINANCIAL STATEMENTS - FUND FINANCIAL STATEMENTS The accounts of the District are organized on the basis of funds. The operations of the funds are accounted for with separate self- balancing accounts that comprise their assets, liabilities, fund equity, revenues and expenditures. The District reports the following major governmental funds: General Fund - This fund is used to account for all operating activities of the District. At this time, revenues are derived principally from non -ad valorem assessments and interest income. Debt Service Fund - These funds are used to account for the accumulation of resources for and the payment of long -term debt principal and interest. Capital Projects Fund - These funds are used to account for financial resources segregated for the acquisition or construction of capital facilities other than those financed by enterprise operations, if applicable. Measurement focus, basis of accounting and presentation: Basis of accounting refers to the point at which revenues or expenditures /expenses are recognized in the accounts and reported in the basic financial statements. It relates to the timing of the measurements made regardless of the measurement focus applied. Governmental funds use the current financial resources measurement focus and the government -wide statements use the economic resources measurement focus. Governmental activity in the government -wide financial statements is presented on the accrual basis of accounting. Revenues are recognized when earned and expenses are recognized when incurred. The governmental fund financial statements are presented on the modified accrual basis of accounting under which revenue is recognized in the accounting period in which it becomes susceptible to accrual (i.e., when it becomes both measurable and available). "Measurable" means the amount of the transaction can be determined and "available" means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. For this purpose, the District considers revenues to be available if they are collected within sixty days of the end of the current year. As a general rule, the effect of interfund activity has been eliminated from the government - wide financial statements. Budget: A budget is adopted for the General Fund and Debt Service Funds on an annual basis. Appropriations lapse at fiscal year end. Changes or amendments to the total budgeted expenditures of the District must be approved by the District Board of Supervisors. Packet Page -154- 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 NOTES TO BASIC FINANCIAL STATEMENTS September 30, 2012 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) The District follows these procedures in establishing the budgetary data reflected in the financial statements: a. Each year the District Manager submits to the District Board a proposed operating budget for the fiscal year commencing the following October 1. b. Public hearings are conducted to obtain taxpayer comments. C. Prior to October 1, the budget is legally adopted by the District Board. d. The budgets are adopted on a basis consistent with generally accepted accounting principles. Cash and cash equivalents: Cash and cash equivalents are defined as demand deposits, money market accounts, and short -term investments with original maturities of three months or less from the date of acquisition. Investments: Investments, if held, are stated at their fair value, which is based on quoted market prices. Unrealized gains and losses in fair value are recognized. Certain money market investments are stated at amortized cost if they have a remaining maturity of one year or less when purchased. Capital assets: Capital assets are reported in the governmental activities column in the government -wide financial statements. The government defines capital assets as assets with an initial, individual cost of more than $ 750 and an estimated useful life in excess of one year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives are not capitalized. A �se�sments Assessments are non -ad valorem assessments on all property within the District. Assessments are levied each November 1 on property as of the previous January 1. Certain assessments are collected upon closing on each lot sold and are used to prepay a portion of the Bonds outstanding. In addition, annual assessments are levied and collected to provide funds for the debt service on the portion of the Bonds which are not paid for from the prepaid assessments and to pay for the operations and maintenance of the District. The fiscal year for which annual assessments are levied begins on October 1 with a maximum discount available for payments through November 30 and become delinquent on April 1. Assessments on all non - platted lots within the District are directly billed to the Developer. Packet Page -155- 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 NOTES TO BASIC FINANCIAL STATEMENTS September 30, 2012 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Deferred revenues: Deferred revenues include amounts collected before the revenue recognition criteria are met and receivables which, under the modified accrual basis of accounting, are measurable but not yet available. Equity classifications: Government -wide statements Equity is classified as net assets and displayed in three components: a. Invested in capital assets, net of related debt - consists of capital assets including restricted capital assets, net of accumulated depreciation and reduced by the outstanding balances of any bonds, or other borrowings that are attributable to the acquisition, construction or improvement of those assets. b. Restricted net assets - consists of net assets with constraints placed on the use either by 1) external groups such as creditors, grantors, contributors, or laws or regulations of other governments, or 2) law through constitutional provisions or enabling legislation. C. Unrestricted net assets - all other net assets that do not meet the definition of "restricted" or "invested in capital assets, net of related debt." When both restricted and unrestricted resources are available for use, it is the District's policy to use restricted resources first, then unrestricted resources as they are needed. Fund statements During the year, the District adopted GASB Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. This statement requires that governmental fund financial statements present fund balances based on classifications that comprise a hierarchy that is based primarily on the extent to which the District is bound to honor constraints on the specific purposes for which amounts in the respective governmental funds can be spent. The classifications used in the governmental fund financial statements are as follows: Nonspendable: This classification includes amounts that cannot be spent because they are either (a) not in spendable form or (b) are legally or contractually required to be maintained intact. The District classifies prepaid items and deposits as nonspendable since they are not expected to be converted to cash or are not expected to be converted to cash within the next year. Restricted: This classification includes amounts for which constraints have been placed on the use of the resources either (a) externally imposed by creditors (such as through a debt covenant), grantors, contributors, or laws or regulations of other governments, or (b) imposed by law through constitutional provisions or enabling legislation. Packet Page -156- 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 NOTES TO BASIC FINANCIAL STATEMENTS September 30, 2012 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Committed: This classification includes amounts that can be used only for specific purposes pursuant to constraints imposed by formal action of the District Board of Supervisors (the "Board "). These amounts cannot be used for any other purpose unless the Board removes or changes the specified use by taking the same type of action (ordinance or resolution) that was employed when the funds were initially committed. This classification also includes contractual obligations to the extent that existing resources have been specifically committed for use in satisfying those contractual requirements. Assigned: This classification includes amounts that are constrained by the District's intent to be used for a specific purpose but are neither restricted nor committed. This intent can be expressed by the Board or through the Board delegating this responsibility to the District manager through the budgetary process. This classification also includes the remaining positive fund balance for all governmental funds except for the General Fund. The District classifies existing fund balance to be used in the subsequent year's budget for elimination of a deficit as assigned. Unassigned: This classification includes the residual fund balance for the General Fund. The District would typically use restricted fund balances first, followed by committed fund balances, assigned fund balances, and finally unassigned fund balances. Bond issuance costs: Bond issuance costs will be amortized over the life of the applicable bond issue using the straight -line method. Date of management review: Subsequent events have been evaluated through October 23, 2013, which is the date the financial statements were available to be issued. NOTE 3 - DEPOSITS AND INVESTMENTS Deposits The District's deposits must be placed with banks and savings and loans which are qualified as public depositories prior to receipt of public monies under Chapter 280, Florida Statutes. These deposits are insured by the FDIC up to $ 250,000. Monies deposited in amounts greater than the insurance coverage are secured by the banks pledging securities with the State Treasurer in the collateral pool. At year end, the carrying amount of the District's General Fund deposits was $ 373,878 and the bank balance was $ 440,188. Packet Page -157- 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 NOTES TO BASIC FINANCIAL STATEMENTS September 30, 2012 NOTE 3 - DEPOSITS AND INVESTMENTS (continued) Investments The investment of funds is authorized by Florida Statutes, which allows the District to invest in the Local Government Surplus Funds Trust or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act, SEC registered money market funds with the highest credit quality rating, interest - bearing time deposits or savings accounts in qualified public depositories and direct obligations of the U.S. Treasury. Investments of the Debt Service and Capital Projects Funds are governed by the Bond Indenture. Investments as of September 30, 2012 of $ 8,771,593 were in money market mutual funds. These deposits and investments are reflected in the accompanying statement of net assets and balance sheet - governmental funds in cash and cash equivalents. Credit risk- Florida Statutes require the money market mutual funds held by the District to have the highest credit quality rating from a nationally recognized rating agency. The money market mutual funds held by the District are rated AAAm by Standard and Poor's and Aaa by Moody's Investors Service. Interest rate risk: Florida Statutes state that the investment portfolio be structured in such manner as to provide sufficient liquidity to pay obligations as they come due. The average maturity of the money market fund is 50 days. Custodial credit risk: For an investment, custodial credit risk is the risk that, in the event of the failure of the counterparty, the District will not be able to recover the value of its investments or collateral securities that are in the possession of an outside party. At September 30, 2012, the District's investments were not subject to custodial credit risk. NOTE 4 - CAPITAL ASSETS Capital asset activity for the year ended September 30, 2012 was as follows: Governmental Activities: Capital assets, not being depreciated Land and improvements Construction -in- progress Total capital assets, not being depreciated Balance at October 1, 2011 Additions $ 16,226,776 $ - $ 7,438,070 80,677 23,664,846 80,677 Packet Page -158- Balance at September 30, Deletions 2012 $ 16,226,776 7,518,747 23,745,523 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 NOTES TO BASIC FINANCIAL STATEMENTS September 30, 2012 NOTE 4 - CAPITAL ASSETS (continued) Capital assets, being depreciated: Infrastructure Buildings and improvements Equipment Total capital assets, being depreciated Total capital assets Less accumulated depreciation for: Infrastructure Equipment Buildings and improvements Total accumulated depreciation Total capital assets, being depreciated, net Governmental activities capital assets, net Balance at Balance at October 1, September 30, 2011 Additions Deletions 2012 16,100,762 - - 16,100,762 12,760,696 - - 12,760,696 7,124 - - 7,124 28,868,582 - - 28,868,582 52,533,428 80,677 - 52,614,105 3,707,366 630,361 - 4,337,727 1,612 1,018 - 2,630 4,749,915 922,921 - 5,672,836 8,458,893 1,554,300 - 10,013,193 20,409,689 (1,554,300) - 18,855,389 $ 44,074,535 $ (1,473,623) $ - $ 42,600,912 Provision for depreciation was charged to functions as follows: Governmental Activities: Physical environment $ 1,554,300 NOTE 5 - LONG -TERM DEBT a. Summary of Long -Term Debt of Governmental Activities Long -term debt of the govermnental activities at September 30, 2012 is comprised of the following bond issues: Special Assessment Revenue Bonds, Series 2003A; due in annual installments through May 2035; interest payable semiannually at 6.00% through November 2016 and then at 6.375 %. $ 26,655,750 Special Assessment Revenue Bonds, Series 200313; due in one lump -sum payment November 2013; interest payable semiannually at 5.75 %. 4,179,591 Special Assessment Bonds, Series 2004; due in annual installments through May 2037; interest payable semiannually at 6.75 %. 14,538,902 Special Assessment Bonds, Series 2005; due in annual installments through May 2038; interest payable semiannually at 6.00 %. 46, 373, 341 $ 91,747,584 Packet Page -159- 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 NOTES TO BASIC FINANCIAL STATEMENTS September 30, 2012 NOTE 5 - LONG -TERM DEBT (continued) The following is a summary of changes in governmental activities long -term debt for the year ended September 30, 2012: Balance October 1, Balance Due 2011 September 30, Within as restated Additions Deletions 2012 One Year Special Assessment Revenue Bonds, Series 2003A $ 24,889,207 $ 1,865,474 $ 98,931 $ 26,655,750 $ 533,684 Special Assessment Revenue Bonds, Series 2003B 3,667,857 523,178 11,444 4,179,591 - Special Assessment Revenue Bonds, Series 2004 14,507,687 66,714 35,499 14,538,902 227,485 Special Assessment Revenue Bonds, Series 2005 38,048,634 8,369,177 44,470 46,373,341 765.602 $ 81.113,385 $ 10,824,543 $ 190,344 $ 91,747,584 $ 1,526,771 b. Summary of Significant Debt Terms of Governmental Activities Special Assessment Revenue Bonds, Series 2003A - The District previously issued $ 26,385,000 in Special Assessment Revenue Bonds, Series 2003A for the purpose of funding certain projects within the boundaries of the District. The Bonds are payable in annual principal installments through May 2035. Interest at 6.00% is payable semiannually on the first day of each May and November through 2016 and at 6.375 % thereafter. The District is required by the Bond Indenture to levy and collect special assessments pursuant to Florida Statutes, Section 190.022. The collection of these assessments is restricted and applied to the debt service requirements of the Bond Issue. Further, the District covenants to levy special assessments in annual amounts adequate to provide for payment of principal and interest on the Bonds as they become due. The Bonds are subject to mandatory redemption at par plus accrued interest to the date of redemption on a schedule of annual redemptions through May 2035, the maturity date. The District is required to redeem the Bonds at par prior to schedule from the proceeds of any assessments prepaid or if certain events occur as outlined in the Bond Indenture. The Bonds are subject to redemption at the option of the District at par plus accrued interest from payment date to the redemption date on or after May 1, 2013. The Indenture requires a reserve fund equal to 7.47% of the 2003A Bonds outstanding. As of September 30, 2012, the reserve fund account balance was not sufficient to satisfy this requirement. Due to the Plan of Reorganization described in Note 11, a new par amount equal to the outstanding amounts plus unpaid and accrued interest of $ 1,865,474 was approved. Packet Page -160- 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 NOTES TO BASIC FINANCIAL STATEMENTS September 30, 2012 NOTE 5 - LONG -TERM DEBT (continued) Special Assessment Revenue Bonds, Series 2003B - The District previously issued $ 9,905,000 in Special Assessment Revenue Bonds, Series 2003B for the purpose of funding certain projects within the boundaries of the District. The Bonds are payable in one principal installment in November 2013. Interest at 5.75% is payable semiannually on the first day of each May and November. The District is required by the Bond Indenture to levy and collect special assessments pursuant to Florida Statutes, Section 190.022. The collection of these assessments is restricted and applied to the debt service requirements of the Bond Issue. Further, the District covenants to levy special assessments in annual amounts adequate to provide for payment of principal and interest on the Bonds as they become due. The Bonds are not subject to mandatory redemption prior to their scheduled maturity. The District is required to redeem the Bonds at par prior to schedule from the proceeds of any assessments prepaid or if certain events occur as outlined in the Bond Indenture. The Indenture requires a reserve fund equal to 11.19% of the 2003B Bonds outstanding. As of September 30, 2012, the reserve fund account balance was not sufficient to satisfy this requirement. Due to the Plan of Reorganization described in Note 11, a new par amount equal to the outstanding amounts plus unpaid and accrued interest of $ 523,178 was approved. Special Assessment Bonds, Series 2004 - The District previously issued $ 13,145,000 in Special Assessment Bonds, Series 2004 for the purpose of funding certain projects within the boundaries of the District. The Bonds are payable in annual principal installments through May 2037. Interest at 6.75% is payable semiannually on the first day of each May and November. The District is required by the Bond Indenture to levy and collect special assessments pursuant to Florida Statutes, Section 190.022. The collection of these assessments is restricted and applied to the debt service requirements of the Bond Issue. Further, the District covenants to levy special assessments in annual amounts adequate to provide for payment of principal and interest on the Bonds as they become due. The Bonds are subject to mandatory redemption at par plus accrued interest to the date of redemption on a schedule of annual redemptions through May 2037, the maturity date. The District is required to redeem the Bonds at par prior to the schedule from the proceeds of any assessments prepaid or if certain events occur as outlined in the Bond Indenture. The Bonds are subject to redemption at the option of the District at a premium on or before May 1, 2015 and at par on or after May 1, 2016. The Bond Indenture requires a reserve fund equal to 50% of the maximum annual debt service requirements. As of September 30, 2012, the reserve fund account balance was not sufficient to satisfy this requirement. Due to the Plan of Reorganization described in Note 11, a new par amount equal to the outstanding amounts plus unpaid and accrued interest of $ 2,401,710 was approved. Packet Page -161- 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 NOTES TO BASIC FINANCIAL STATEMENTS September 30, 2012 NOTE 5 - LONG -TERM DEBT (continued) Special Assessment Bonds, Series 2005 - The District previously issued $ 38,850,000 in Special Assessment Bonds, Series 2005 for the purpose of funding certain projects within the boundaries of the District. The Bonds are payable in annual principal installments through May 2038. Interest at 6.00% is payable semiannually on the first day of each May and November. The District is required by the Bond Indenture to levy and collect special assessments pursuant to Florida Statutes, Section 190.022. The collection of these assessments is restricted and applied to the debt service requirements of the Bond Issue. Further, the District covenants to levy special assessments in annual amounts adequate to provide for payment of principal and interest on the Bonds as they become due. The Bonds are subject to mandatory redemption at par plus accrued interest to the date of redemption on a schedule of annual redemptions through May 2038, the maturity date. The District is required to redeem the Bonds at par prior to the schedule from the proceeds of any assessments prepaid or if certain events occur as outlined in the Bond Indenture. The Bonds are subject to redemption at the option of the District at a premium on or before May 1, 2016 through April 30, 2017 and at par on or after May 1, 2017. The Bond Indenture requires a reserve fund equal to 50% of the maximum annual debt service requirements. As of September 30, 2012, the reserve fund account balance was not sufficient to satisfy this requirement. Due to the Plan of Reorganization described in Note 11, a new par amount equal to the outstanding amounts plus unpaid and accrued interest of $ 8,369,177 was approved. The annual debt service requirements for the Series 2003, 2004 and 2005 Special Assessment Revenue Bonds are approximately as follows: Year Ending September 30, Principal Interest Total 2013 $ 1,470,970 $ 3,212,295 $ 4,683,265 2014 5,820,665 5,482,735 11,303,400 2015 1,725,375 5,383,530 7,108,905 2016 1,834,180 5,157,370 6,991,550 2017 1,951,180 5,045,230 6,996,410 2018 -2022 11,813,380 23,233,050 35,046,430 2023 -2027 16,148,185 19,033,965 35,182,150 2028 -2032 22,077,790 13,290,120 35,367,910 2033 -2037 25,473,125 5,577,270 31,050,395 2038 3,432,735 205,965 3,638,700 $ 91,747,585 $ 85,621,530 $ 177,369,115 Packet Page -162- 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 NOTES TO BASIC FINANCIAL STATEMENTS September 30, 2012 NOTE 6 - RISK MANAGEMENT The District purchased an insurance policy that provided coverage of up to a $ 1,000,000 maximum for each general liability occurrence in combination with a maximum annual aggregate coverage of approximately $ 2,000,000 for the policy year ending September 30, 2012. Other insurance policies carried by the District during the year included automobile, public official's liability and employment practices liability. Deductible amounts ranged from $ 0 to $ 2,500. Settlement amounts have not exceeded insurance coverage during the last three (3) fiscal years. NOTE 7 - COMMITMENTS The District has committed to acquire those portions of the improvements which have been completed by the Developer for the actual reasonable costs incurred by the Developer up to the amounts available in Series 2003, 2004 and 2005 Capital Project Funds. NOTE 8 - INTERFUND RECEIVABLES, PAYABLES AND TRANSFERS A summary of due to /from funds for the year ended September 30, 2012 is as follows: General Fund Series 2003 Debt Service Fund Series 2004 Debt Service Fund Series 2005 Debt Service Fund Series 2003 Capital Projects Fund Series 2005 Capital Projects Fund Receivables Payables $ 44,596 $ 37,087 275,549 51 1,559 269,735 29,765 - - 10,314 - 34,282 $ 351,469 $ 351,469 These balances result from the time lag between the dates that (1) interfund goods and services are provided or reimbursable expenditures occur, (2) transactions are recorded in the accounting systems and (3) payments between funds are actually made. A summary of interfund transfers for the year ended September 30, 2012, is as follows: Transfer Out Series 2003 Debt Service Fund Series 2004 Debt Service Fund Series 2005 Debt Service Fund Series 2003 Capital Projects Fund Series 2005 Capital Projects Fund Total Packet Page -163- Transfer In General Fund $ 13,672 13,672 13,672 85,200 142,538 $ 268,754 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 NOTES TO BASIC FINANCIAL STATEMENTS September 30, 2012 NOTE 8 - INTERFUND RECEIVABLES, PAYABLES AND TRANSFERS (continued) The transfers from the Debt Service and Capital Project Funds to the General Fund are related to legal fees that were paid by the Trustee with regard to the bond defaults. Certain other transfers during the year were made to either fund operating expenses of the District or debt service requirements. These transfers were necessary as a result of the District's financial position (Note 11). NOTE 9 - NET ASSETS (DEFICIT) The District has a government -wide net assets deficit of $ 39,732,177 as of September 30, 2012. The deficit relates to the accrual of certain expenses, principally interest, which are not currently recorded in the fund statements. When recognized as expenditures in the fund statements, they will be recovered from the Developer or through assessment to benefitted property owners. The deficit also relates to various infrastructure improvements, such as the water and sewer lines, which have been financed through the issuance of long -term debt, but were conveyed to other governmental entities. NOTE 10 - FUND BALANCE (DEFICIT) The District has a deficit of $ 108,994 reflected in the governmental fund statements for the Series 2004 Debt Service Fund as of September 30, 2012. This deficit is the result of the lack of developer funding for non -ad valorem assessments and withdrawals made by the Trustee, as discussed in Note 11. NOTE 11 - CONTINGENCIES Developer reorganization: In prior years, the Developer was unable to provide the District with non -ad valorem special assessments sufficient to satisfy debt service requirements. In February 2010, the Developer of the District, Fiddler's Creek, LLC and its affiliates filed for bankruptcy under Chapter 11 of the United States Bankruptcy Code. On August 29, 2011, the Bankruptcy Court entered an order confirming Fiddler's Creek, LLC's second amended Plan of Reorganization, as modified. The Plan provides for the Developer to emerge from bankruptcy, implement the Plan of Reorganization and develop the property within the District. The court approved a de- acceleration of the bonds outstanding, a two -year moratorium in regard to the commencement of payments on certain of the "off- roll" bond claims. The court specifically considered the $ 45 million "exit financing" in determining that the plan of reorganization is feasible. In addition, the Plan calls for amounts due to the District with respect to off -roll property owned by the Developer shall have a new par amount equal to the outstanding amounts plus unpaid and accrued interest. As a result, unpaid and accrued interest totaling $ 13,159,539 was added to the outstanding bond principal balances during the periods ended September 30, 2012 (Note 5). Packet Page -164- 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 NOTES TO BASIC FINANCIAL STATEMENTS September 30, 2012 NOTE 11 - CONTINGENCIES (continued) The District is the Plaintiff in an action styled Fiddler's Creek Community Development District 2 v. U.S. Bank National Association, as Trustee, The ITG Tax Free Income & Capital Appreciation Fund, Ltd., ITG Fund II, LLLP, ITG Fund Management, Inc. and Oppenheimer Funds, Inc., Collier County Circuit Court Case No. 11 -CA- 003947 (the "Contract Action "). Therein the District sued the Trustee for the misappropriation by U.S. Bank of approximately $ 1,325,000.00 from a trust account which was earmarked solely for infrastructure construction and for its failure and refusal to fund construction draw requests both in violation of the parties' Trust Indenture. Additionally, the District sued certain current and former bondholders, the ITG entities and Oppenheimer, for their part in the conspiracy with the Trustee to commit the aforementioned misappropriation. In response, the Trustee alleges the District defaulted on certain special assessment revenue bonds; therefore, the Trustee is justified in its conduct. Notably, the Trustee has not accelerated the bond indebtedness. In the Contract Action, the District was successful in obtaining an order from the Court which required U.S. Bank to pay all past -due construction draw requests which had been duly - certified by the District Engineer. U.S. Bank appealed. Accordingly, the District was the appellee in an interlocutory appeal brought by the Trustee before the Second District Court of Appeal styled U. S. Bank National Association, as Trustee v. Fiddler's Creek Community Development District 2, et al, Second District Court of Appeal Case No. 2D13 -706 (the "Appeal "). Following the submission of competing briefs and oral argument, the District prevailed. The ruling from the lower court in the Contract Action was affirmed on September 20, 2013. The deadline for the Trustee to seek rehearing of the appellate court's opinion has passed, and the District now awaits the entry of a mandate. In the meantime, the District has received $ 145,000 from U.S. Bank which represents all of the accrued and unpaid construction draw requests which has previously and impermissibly been withheld by U.S. Bank. The District is a Defendant in an action styled U.S. Bank National Association, as Trustee of the Fiddler's Creek Community Development District 2 Special Assessment Revenue Bonds, Series 2003A and Series 2003B, Series 2004 and Series 2005 v. Fiddler's CDD Investor, LLC; Fiddler's CDD Investor II, LLC; Fiddler's Creek Community Development District 2; and Wilmington Trust, National Association, Collier County Circuit Court Case No. 13 -CA -1143 (hereinafter referred to as the "Declaratory Action "). On March 8„ 2013, U.S. Bank was advised that it had been terminated as trustee by the District and by the Co- Defendants, Fiddler's CDD Investor, LLC and Fiddler's CDD Investor II, LLC (collectively, the "Bondholders "), and that Co- Defendant, Wilmington Trust, National Association ( "Wilmington ") had accepted the appointment as successor trustee. Notwithstanding, the termination of U.S. Bank and acceptance by Wilmington, all done in accordance with the clear and unambiguous terms of the Master Indenture, U.S. Bank has steadfastly refused to turn over the trust property to Wilmington. Rather, U.S. Bank filed the Declaratory Action for declaratory judgment, feigning to be in doubt of its rights under the Master Indenture, and refusing to turn over the trust property until this Court adjudicates this manufactured "dispute" over the interpretation of the Indenture. The Declaratory Action has been consolidated with the Contract Action. In the Declaratory Action, the Bondholders have asserted numerous counterclaims against U.S. Bank for the misappropriation by U.S. Bank of approximately $ 2,000,000 from the District's Revenue and Reserve Account. Additionally, the Bondholders have sought the appointment of a receiver to safeguard these accounts from further dissipation by U.S. Bank. Similarly, the District has asserted counterclaims against U.S. Bank in the Declaratory Action regarding U.S. Bank's misappropriation of the construction account funds, and has joined in the Bondholders' demand for the appointment of a receiver. Packet Page -165- 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 NOTES TO BASIC FINANCIAL STATEMENTS September 30, 2012 NOTE 12 - RESTATED NET ASSETS The District has restated its beginning net assets to re- characterize the amounts collected by the District and previously recorded as payments for the Trustee's legal fees and expenses as a reduction of the principal outstanding on the Series 2003A, 2003B, 2004 and 2005 Bonds. In addition, pursuant to the Bankruptcy Court order confirming the Developer's Plan of Reorganization, the par amount outstanding for the Series 2003A, 2003B, 2004 and 2005 bonds was adjusted to include unpaid and accrued interest. Beginning net assets (deficit), September 30, 2011 $ (32,321,725) Increase in accrued interest (1,841,995) Re- characterization of legal expenses to principal payments 351,612 Beginning net assets (deficit) September 30, 2011, as restated $ (33,812,108) NOTE 13 - RELATED ENTITY TRANSACTIONS The District has cost sharing agreements with Fiddler's Creek Community Development District 1 and shares the same Developer. The District has a payable in the amount of $ 14,668 to Fiddler's Creek Community Development District 1 for shared costs as of September 30, 2011. Packet Page -166- 6/24/2014 9.C. OTHER REPORTS OF INDEPENDENT AUDITORS Packet Page -167- 6/24/2014 9.C. Keefe, McCullough & Co., LLP Certified Public Accountants INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Supervisors Fiddler's Creek Community Development District #2 Collier County, Florida We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, the financial statements of the governmental activities and each major fund of Fiddler's Creek Community Development District #2 (the "District ") as of and for the year ended September 30, 2012, and the related notes to the financial statements, which collectively comprise the District's basic financial statements and have issued our report thereon dated October 23, 2013. Internal Control over Financial Reporting In planning and performing our audit, we considered the District's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the District's internal control. Accordingly, we do not express an opinion on the effectiveness of the District's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the District's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged in governance Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. 6550 N. Federal Highway :� Suite 410 'z Fort Lauderdale, FL 33308 954 771.0896 4 954.938.9353 (F) Ll www.kmccoa%om Packet Page -168- 6/24/2014 9.C. Fiddler's Creek Community Development District #2 Compliance and Other Matters As part of obtaining reasonable assurance about whether the District's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed instances of noncompliance due to the Series 2003A, 2003B, 2004 and 2005 Reserve Accounts reflecting deficits at September 30, 2012. The District's response to the finding identified in our audit is described in the accompanying Schedule of Findings and Recommendations. We did not audit the District's response and, accordingly, we express no opinion on it. Purpose of this Report This report is intended solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the District's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the District's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Fort Lauderdale, Florida October 23, 2013 Packet Page -169- Keel�c, MCCuts "J 9- 0., KEEFE, McCULLOUGH & CO., LLP 6/24/2014 9.C. Keefe, McCullough & Co., LLP Certified Public Accountants INDEPENDENT AUDITORS' REPORT TO DISTRICT MANAGEMENT To the Board of Supervisors Fiddler's Creek Community Development District #2 Collier County, Florida We have audited the financial statements of Fiddler's Creek Community Development District #2 (the "District "), as of and for the fiscal year ended September 30, 2012, and have issued our report thereon dated October 23, 2013. We conducted our audit in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. We have issued our Independent Auditors' Report on Internal Control over Financial Reporting and Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance with Government Auditing Standards and Schedule of Findings and Recommendations. Disclosures in that report and schedule, which are dated October 23, 2013, should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General, which govern the conduct of local governmental entity audits performed in the State of Florida. This letter includes the following information, which is not included in the aforementioned auditors' reports or schedule: Section 10.554(1)(i)l., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. The findings and recommendations made in the preceding annual financial audit report have been partially resolved and the one repeated in the current fiscal year is listed in the Schedule of Findings and Recommendations. Section 10.554(1)(i)2., Rules of the Auditor General, requires our audit to include a review of the provisions of Section 218.415, Florida Statutes, regarding the investment of public funds. In connection with our audit, we determined that the District complied with Section 218.415, Florida Statutes. Section 10.554(1)(1)3., Rules of the Auditor General, requires that we address in the management letter any recommendations to improve financial management. In connection with our audit, our recommendation to improve financial management is included in the Schedule of Findings and Recommendations on page 32. Section 10.554(1)(i)4., Rules of the Auditor General, requires that we address noncompliance with provisions of contracts or grant agreements, or abuse, that have occurred, or are likely to have occurred, that have an effect on the financial statements that is less than material but which warrants the attention of those charged with governance. In connection with our audit, we did not have any such findings. 6550 N. federal Highway "} Suite 410 1 Fort Lauderdale. FL 33308 T 954.771.0896 - 954.938.9353 (F) I- www *mccpa.com Packet Page -170- 6/24/2014 9.C. Fiddler's Creek Community Development District #2 Section 10.554(l)(i)5., Rules of the Auditor General, requires that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in this management letter, unless disclosed in the notes to the financial statements. The District was established on November 19, 2002 by Ordinance No. 02 -61 of the Collier County Commission, pursuant to the provisions of Chapter 190, of the laws of the State of Florida. The District does not have any component units. Section 10.554(1)(i)6.a., Rules of the Auditor General, requires a statement be included as to whether or not the local governmental entity has met one or more of the conditions described in Section 218.503(1), Florida Statutes, and identification of the specific condition(s) met. In connection with our audit, we determined that the District did not meet any of the conditions described in Section 218.503(1), Florida Statutes. Section 10.554(1)(i)6.b., Rules of the Auditor General, requires that we determine whether the annual financial report for the District for the fiscal year ended September 30, 2012, filed with the Florida Department of Financial Services pursuant to Section 218.32(l)(a), Florida Statutes, is in agreement with the annual financial audit report for the fiscal year ended September 30, 2012. In connection with our audit, we determined that these two reports were in agreement. Pursuant to Sections 10.554(1)(i)6.c. and 10.556(7), Rules of the Auditor General, we applied financial condition assessment procedures. It is management's responsibility to monitor the District's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. Our management letter is intended solely for the information and use of the Legislative auditing Committee, members of the Florida Senate and the Florida House of Representatives, the Florida Auditor General, Federal and other granting agencies, and applicable management, and is not intended to be and should not be used by anyone other than these specified parties. Fort Lauderdale, Florida October 23, 2013 Packet Page -171- Kee�e., nc Ctdlou h � &o'., Z-1- KEEFE, McCULLOUGH & CO., LLP 6/24/2014 9.C. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 SCHEDULE OF FINDINGS AND RECOMMENDATIONS September 30, 2012 CURRENT YEAR FINDINGS AND RECOMMENDATIONS Other Matter: Finding 2010 -01 Condition: The Series 2003A, 2003B, 2004 and 2005 reserve accounts reflect deficits at September 30, 2012. Criteria: The bond indentures of the Special Assessment Revenue Bonds, Series 2003A, 2003B, 2004 and 2005 require a reserve account equal to a certain percentage of the bonds deemed outstanding. Effect: Non - compliance with bond covenants. Recommendation We recommend that the District maintain the required reserve account balance. Manaeement's Response: The District has disagreed with the determination pursuant to the two -year moratorium provided in the plan of reorganization approved by the bankruptcy court. The court approved the de- acceleration and the restructuring of the bonds. The Trustee has taken no action to enforce any alleged non - compliance. Management notes that the reserves have been reduced by the unauthorized misappropriation by the Trustee. The principal balance of the bonds has been reduced by this amount. PRIOR YEAR FINDINGS AND RECOMMENDATIONS 2010 -01: Failure to meet debt service requirements - Matter resolved. 2010 -01: Failure to maintain adequate reserve account balances - Matter continued in 2012 and is repeated in the current year. 2011 -01: No Supporting Documentation Provided for Certain Expenditures - Matter resolved. Packet Page -172- Clea,k_,j CC,(- kd- CIC - (0 fzl /, EXECUTIVE SUMMARY Recommendation to approve (Adopt) an Ordinance amending Ordinance No. 2002 -61, which established the Fiddler's Creek Community Development District No. 2, in order to increase the acreage of the District; Providing for Severability; and Providing for an Effective Date. OBJECTIVE: The objective of this public hearing is for the Board of County Commissioners (Board) to review and consider a petition for amending Fiddler's Creek Community Development District (CDD) No. 2 Ordinance No. 2002 -61, by consenting to specific powers to include parks and recreational facilities, and security activities and facilities, and annexing acreage to include an additional ±69.30 acres, for a total of ±1,068.09 acres. CONSIDERATIONS: On May 1, 2014, the Board of Supervisors of Fiddler's Creek Community Development District No. 2 (CDD2) filed a petition with the Planning and Zoning Department, Growth Management Division, for the modifying the boundaries of Fiddler's Creek CDD2 and requesting special powers. A mandatory $1,500 application fee was submitted with the amendment petition. The existing District is located entirely within Collier County, Florida. The existing District covers ±998.8 acres of land. The site is located in portions of Sections 11, 13, and 14, Township 51 South, Range 26 East, and Section 18, Township 51 South, Range 27 East. A map showing the location of the land area serviced by the District and metes and bounds description of the existing CDD2 is provided in petition Exhibit "A ". The proposed District annexation area is located entirely within Collier County, Florida. The proposed District annexation area covers ±69.3 acres of land. The site is located in portions of Section 13, Township 51 South, Range 26 East, and Section 18, Township 51 South, Range 27 East. A map showing the location of the land area to be serviced by the District annexation area and metes and bounds description of the proposed CDD2 annexation area is provided in petition Exhibit "D ". The location map of the existing and proposed Fiddler's Creek No. 2 is provided in petitioner's Exhibit "E ". The metes and bounds description of the full, modified CDD2 is provided in petition Exhibit "G ". The proposed CCD2 includes an area planned for approximately 155 additional residential units and amenities on ±69.3 acres. As of June 4, 2014, the date of advertising for the amendment of this CDD, no PUD amendment petitions for this project had been filed with Collier County. However, on January 22, 2003, the District Board of Supervisors for the current Fiddler's Creek Community Development District No. 2 adopted a Resolution to request consent from the County to exercise additional specific powers authorized by Section 190.012(2), Florida Statutes. The specified powers are limited to the operation of parks and facilities for indoor and outdoor recreational, cultural, and educational uses, as well as security, including, but not limited to, guardhouses, fences and gates, electronic intrusion - detection systems, and patrol cars, with certain exceptions. Pursuant to the 2003 District Resolution the Fiddler's Creek No. 2 District 4 4'c Board of Supervisors has filed a petition requesting consent from the County to exercise additional specific powers and to amend its boundaries. By adopting Ordinance No. 2002 -61 the Board of County Commissioners authorized the District, through its Board of Supervisors, to manage and finance certain basic infrastructure for the benefit of the landowners and residents of this portion of the Fiddler's Creek Development. This infrastructure, under section 190.012(1), Florida Statutes, includes basic urban systems, facilities and services: water supply, sewers and wastewater management, surface water control and management (drainage), and roads, bridges and street lights. If adopted, this Ordinance would constitute consent by the County to the petition for the exercise of certain additional special powers authorized by Section 190.012(2), Florida Statutes. These powers may include the operation of parks and facilities for indoor and outdoor recreational, cultural, and educational uses [ss. (2)(a)J, as well as 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 [ss. (2)(d)J. In order to gain these additional powers, the District Board has further petitioned the Board of County Commissioners. Section 190.046, Florida Statutes provides that the exclusive and uniform method for amendment of a CDD, as follows: 190.046 Termination, contraction, or expansion of district. — (1) A landowner or the Board may petition to contract or expand the boundaries of a community development district in the following manner: (a) The petition shall contain the same information required by s. 190.005(1)(a)1. and 8. 1. A metes and bounds description of the external boundaries of the district. Any real property within the external boundaries of the district which is to be excluded from the district shall be specifically described, and the last known address of all owners of such real property shall be listed. The petition shall also address the impact of the proposed district on any real property within the external boundaries of the district which is to be excluded from the district. 8. A statement of estimated regulatory costs in accordance with the requirements of s. 120.541. [The statement of estimated regulatory costs is provided in petition Exhibit "K "•] In addition, if the petitioner seeks to expand the district, the petition shall describe the proposed timetable for construction of any district services to the area, the estimated cost of constructing the proposed services, and the designation of the future general distribution, location, and extent of public and private uses of land proposed for the area by the future land use plan element of the adopted local government local comprehensive plan. If the petitioner seeks to contract the district, the petition shall describe what services and facilities are currently provided by the district to the area being removed, and the designation of the future general distribution, location, and extent of public and private uses of land proposed for the area by the future land element of the adopted local government comprehensive plan. [Construction costs for the CDD2 expansion area are estimated to be $3,902,415 • Roadway construction costs for the CDD2 expansion area are estimated to be $833,750; • Potable water, sewer /wastewater and irrigation water utilities construction costs for the CDD2 expansion area are estimated to be $1,150,000; • Stormwater management system costs are $373,750; • Earthwork and clearing construction costs for the CDD2 expansion area are estimated to be $759,000; • Roadway lighting construction costs for the CDD2 expansion area are estimated to be $201,150; • Landscaping and hardscaping construction costs for the CDD2 expansion area are estimated to be $230,000; • Contingency costs for the CDD2 expansion area are estimated to be $354,765; These costs are provided in Table 1 and Table 2 of petition Exhibit "I ".] County legal, planning, transportation and public works staffs have reviewed the petition and exhibits submitted by the petitioners (attached) relative to these factors and have found the proposed Fiddler's Creek CDD2 amendment petition to be compliant. LEGAL CONSIDERATIONS: The Office of the County Attorney provides the following observations: The Ordinance [2002 -61] presently authorizes Fiddler's Creek Community Development District No. 2 to seek County consent for special powers. We understand this [consent] to be on a project -by- project basis. We believe the Board does not intend to authorize this, or other, Community Development District the complete discretion to exercise these special powers. With regard to County Attorney observations, the petitioner has responded to highlight that the Board would be consenting only to specific powers to construct and operate parks and recreational facilities, and to security activities and facilities for the Fiddler's Creek project. FISCAL IMPACT: As previously noted, a $1,500 filing fee was submitted with the amendment petition. Exhibit "K" of the petition, "Statement of Estimated Regulatory Costs, Fiddler's Creek Community Development District No. 2" delineates the fiscal impacts and timing of impacts to be managed by the District. It is noteworthy that the estimated internal infrastructure and services to be financed by Fiddler's Creek CDD2 amendment is $3,902,415, consisting of roadway construction, utilities work, earthwork and land clearing, stormwater management, roadway lighting, landscaping/hardscaping, and contingencies. Utilities will eventually be turned over to Collier County. No cost estimates are provided in petition materials for park and recreational facilities, and security facilities and services. DISTRICT RESPONSIBILITIES: According to the petition, the Fiddler's Creek Community Development District No. 2, if the Ordinance is adopted, will assume responsibility for the following: (1) Parks and facilities for indoor and outdoor recreational, cultural, and educational uses; (2) 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 -,*C?c with the appropriate local general - purpose government agencies for an increased level of such services within the district boundaries; and, In addition to the present responsibilities for the following: (1) General development of the approved uses within the District; (2) Roadways; (3) Street Lights; (4) Stormwater Management; (5) Water & Sewer Utilities; (6) Earthwork and Land Clearing for development; (7) Landscaping; (8) Wetland Permitting & Mitigation; and, (9) Other matters related to the above tasks. GROWTH MANAGEMENT IMPACT: The ±998.8 acres of Fiddler's Creek CDD2 lie within the Urban Coastal Fringe and Urban Residential Fringe Subdistrict designations on the Collier County Future Land Use Map. Although the amendment of this District does not constitute any development approval, the plan of development previously approved for the subject property has been determined to be consistent with the Collier County Growth Management Plan (GMP). Accordingly, any future petitions for rezone or development permits will be subsequently reviewed at the time of submittal, and will be subject to the requirements and limitations specified in the Collier County Land Development Code (LDC), and will be required to be consistent with the GMP in effect at that time. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt and enact the proposed Ordinance amending Fiddler's Creek Community Development District No. 2. Prepared by: Marcia Kendall, Senior Planner, and Corby Schmidt, AICP, Principal Planner Comprehensive Planning Section, Planning and Zoning Department Attachments: 1) Ordinance with Exhibit "A" and Exhibit "B" 2) CDDA Petition and Petition Exhibit Information i i due to the size of the document it is accessible at: http: / /www.colliergov. net/ ftp/ AgendaJune24 /GrowthMgmt/PL20140000683 Fiddlers Creek _ %20 %232_ %20Petition.pdf `4-qc ORDINANCE NO. 14- AN ORDINANCE AMENDING ORDINANCE NO. 02 -619 THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NUMBER 2; AMENDING THE DISTRICT BY EXPANDING THE EXTERNAL BOUNDARIES, INCREASING THE DISTRICT FROM 998.79 ACRES TO 1,068.09 ACRES, OR 69.30 ADDITIONAL ACRES; PROVIDING AUTHORIZATION FOR THE EXERCISE OF SPECIAL POWERS REGARDING PARKS AND FACILITIES OR INDOOR AND OUTDOOR RECREATIONAL, CULTURAL AND EDUCATIONAL USES AND SECURITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 19, 2002, the Board of County Commissioners (Board) adopted Ordinance No. 2002 -61 establishing the Fiddler's Creek Community Development District Number 2 (District), as a community development district within the meaning of Chapter 190, Florida Statutes; and WHEREAS, the original boundaries set forth in Ordinance 2002- 61 established boundaries resulting in 998.79 acres; and WHEREAS, DY Land Associates, Ltd., (Petitioner), has petitioned the Board to annex an additional 69.30 +/- acres as authorized by Section 190.046(1), Florida Statutes, which would result in a total acreage of 1,068.09 acres; and WHEREAS, Petitioner has also petitioned the County to grant authority to exercise special powers in accordance with Section 190.012(2), Florida Statues, including the power to provide for parks and facilities for indoor and outdoor recreational, cultural, and educational uses, as well as for security; and WHEREAS, the Board considered the Petition at a duly noticed public hearing. WHEREAS, upon consideration of the Petition, the Board determined the following: 1. The statements made within the Petition are true and correct. 2. Amending the Ordinance is not inconsistent with any applicable element or portion of the comprehensive plan. 3. The land within the District continues to be of sufficient size, to be sufficiently compact, and to be sufficiently contiguous to be developable as a functionally interrelated community. education uses and security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, as authorized by proper governmental agencies, provided however 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 FOUR: 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 o 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. SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinance 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 SIX: 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 day of , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA , Deputy Clerk Approved as to form and legality: Emily R. Pepin I L4 I Assistant County A omey ` By: TOM HENNING, CHAIRMAN -4zc x a m S.R. 951 COLLIER BOULEVARD FIDDLER'S CREEK COMMUNITY DEVELOPMENT •l�� 950 EfCOr' w°r ( MATRICT 2 l� g _U O O FOR A DISTANCE OF 113.79 FEET; THENCE RUN S.00'0023 "E , FOR A DISTANCE OF 150.36 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 320.00 FEET, THROUGH A CENTRAL ANGLE OF 29'3713 ", SUBTENDED BY A CHORD OF 163.77 FEET AT A BEARING OF S.14'4313"W., FOR A DISTANCE OF 165.62 FEET TO A POINT OF COMPOUND CURVE CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1190.00 FEET, THROUGH A CENTRAL ANGLE OF 18'3536 ', SUBTENDED BY A CHORD OF 384.82 FEET AT A BEARING OF S.38'5nEr W., FOR A DISTANCE OF 3BS -52 FEET TO A POINT OF COMPOUND CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS POINT BEARS S,15'24'12"W., THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE. RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 59°39'36', SUBTENDED BY A CHORD OF 44.77 FEET AT A SEARING OF S.44'45'6VE., FOR A DISTANCE OF 45.86 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CJRVE TO THE LEFT, HAVING A RADIUS OF 62.58 FEET, THROUGH A CENTRAL ANGLE OF 18'38'25", SUBTENDED BY A CHORD OF 2027 FEET AT A BEARING OF 324'15'23'E_, FOR A DISTANCE OF 20.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 61.4637 , SUBTENDED BY A CHORD OF 46.20 FEET AT A BEARING OF S.02'41'17"E., FOR A DISTANCE OF 48.52 FEET TO THE END OF SAID CURVE; THENCE RUN S28'12'02"VV., FOR A DISTANCE OF 7D.46 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 300.00 FEET, THROUGH A CENTRAL ANGLE OF 26'33'16 , SUBTENDED BY A CHORD OF 137.80 FEET AT A BEARING OF S.14'55'24'W., FOR A DISTANCE OF 139.04 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 300.00 FEET, THROUGH A CENTRAL ANGLE OF 74 °19'47", SUBTENDED BY A CHORD OF 36147 FEET AT A BEARING OF S.38'48'40"W., FOR A DISTANCE OF 389.19 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 300.D0 FEET, THROUGH A CENTRAL ANGLE OF 85'58'55', SUBTENDED BY A CHORD OF 409.13 FEET AT A BEARING OF S.32'69'U6"W., FOR A DISTANCE OF 45020 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 111 °4756 ", SUBTENDED BY A CHORD OF 74.64 FEET AT A BEARING OF SA5'54'37"W., FOR A DISTANCE OF B7.83 FEET TO THE END OF SAID CURVE; THENCE RUN N.78'10'25'UV., FOR A DISTANCE OF 194.66 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 116 °41'28', SUBTENDED BY A CHORD OF 7631 FEET AT A BEARING OF N.19'4941"W„ FOR A DISTANCE OF 81.65 FEET TO THE END OF SAID CURVE; THENCE RUN N.38'31VTE., FORA DISTANCE OF 111.08 FEET; THENCE RUN N.51'28'57"W„ FORA DISTANCE OF 105.27 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY; WHOSE RADIUS POINT BEARS N.49'16'14'W., THEREFROM; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 365.00 FEET, THROUGH A CENTRAL ANGLE OF 75'57'07', SUBTENDED BY A CHORD OF 44919 FEET AT A BEARING OF S.78'4220"W., FOR A GW VaYdfdm+{P�mlmD2 WER"3 -1a4A. 7- 4�qc -Aq c FEET THEREFROM; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET, THROUGH A CENTRAL ANGLE OF 29'33'16', SUBTENDED BY A CHORD OF 30.81 FEET AT A BEARING OF N.34'23 24'W_, FOR A DISTANCE OF 30.95 FEET TO THE END OF SAID CURVE; THENCE RUN N.49'1V02'W., FOR A DISTANCE OF 79.40 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 220.00 FEET, THROUGH A CENTRAL ANGLE OF 16'4T51', SUBTENDED BY A CHORD OF 5427 FEET AT A BEARING OF N.40'46'06 "W., FOR A DISTANCE OF 64.50 FEET TO A POINT OF COMPOUND CURVE, CONCAVE EASTERLY; THENCE RLNd NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 45 °48'11 ", SUBTENDED BY A CHORD OF 23.35 FEET AT A BEARING OF N.09'28'D5'W_, FOR A DISTANCE OF 23.98 FEET TO THE END OF SAID CURVE; THENCE RUN N.13'2600'E., FOR A DISTANCE OF 25.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL ANGLE OF 134'11'52 ", SUBTENDED BY A CHORD OF 175.02 FEET AT A BEARING OF N.53`39'55'W., FOR A DISTANCE OF 222.51 FEET TO THE END OF SAID CURVE; THENCE RUN 5.59'14'09"W., FOR A DISTANCE OF 95.48 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 155.00 FEET, THROUGH A CENTRAL ANGLE OF 70`0159 ", SUBTENDED BY A CHORD OF 177.88 FEET AT A BEARING OF N.85'44'52"W., FOR A DISTANCE OF 189.46 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 260.00 FEET, THROUGH A CENTRAL ANGLE OF 36.3621 ", SUBTENDED BY A CHORD OF 163.30 FEET AT A BEARING OF N,69'02W W., FOR A DISTANCE OF 166.11 FEET TO THE END OF SAID CURVE; THENCE RUN N_87'20'14"W., FOR A DISTANCE OF 76.56 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 80'1T08 ", SUBTENDED BY A CHORD OF 38.68 FEET AT A BEARING OF N.47.11'40 "W., FOR A DISTANCE OF 42.04 FEET TO THE END OF SAID CURVE; THENCE RUN N.07'03'O6W., FOR A DISTANCE OF 61.34 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A. RADIUS OF 60.00 FEET, THROUGH A CENTRAL ANGLE OF 62'3137', SUBTENDED BY A CHORD OF 62.28 FEET AT A BEARING OF N.36'18'54"W., FOR A DISTANCE OF 65.48 FEET TO THE END OF SAID CURVE; THENCE RUN N.69'3443"W., FOR A DISTANCE OF 43.13 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 116 °44'05", SUBTENDED BY A CHORD OF 170.29 FEET AT A BEARING OF S.52 °03'15"W., FOR A DISTANCE OF 203.74 FEET TO THE END OF SAID CURVE; THENCE RUN N.55'ST041ff, FOR A DISTANCE 315.24 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N.23 "5044'W., A DISTANCE OF 70.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 47°56'16', SUBTENDED BY A CHORD OF 56.87 FEET AT A BEARING OF N.42'1108'E, FOR A DISTANCE OF 58.57 FEET TO A POINT OF COMPOUND CURVE, CONCAVE cw.�w mr cnm oVELcu -10-w- ANGLE OF 70'2871, SUBTENDED BY A CHORD OF 92.31 FEET AT A BEARING OF S_17°20'15'E, FOR A DISTANCE OF 98.40 FEET TO THE END OF SAID CURVE THENCE RUN S.52°3425'E, FOR A DISTANCE OF 25.66 FEET; THENCE RUN S.77'39'47W, FOR A DISTANCE OF 931.61 FEET; THENCE RUN N.0725'S8 "W., FOR A DISTANCE OF 2,870.69 FEET, THENCE RUN N.26'5r2M., FOR A DISTANCE OF 100.00 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N26'5722"W., A DISTANCE OF 709.89 FEET THEREFROM; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 709.89 FEET, THROUGH A CENTRAL ANGLE OF 15'2372 ", SUBTENDED BY A CHORD OF 190.10 FEET AT A BEARING OF 8.70.44- 19"W., FOR A DISTANCE OF 190.68 FEET TO THE END OF SAID CURVE AND TO A POINT ON THE WEST LINE OF SAID SECTION 13; THENCE RUN N.00'2V31'W. ALONG THE WEST LINE OF SAID SECTION 13, FOR A DISTANCE OF 495.62 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ONE QUARTER OF SECTION 14, TOWNSHIP 51 SOUTH, RANGE 25 EAST; THENCE RUN N,8820'44"W_ ALONG THE SOUTH LINE OF THE NORTH ONE QUARTER OF SAID " °SECTION 14, FOR'A'DISIANCE OF 692:50 FEET; THENCE RUN N.52'52'01"W., FOR A DISTANCE OF 17323 FEET; THENCE RUN 5.37'07'59"W, FOR A DISTANCE OF 123.46 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ONE QUARTER OF SAID SECTION 14; THENCE RUN N.86'2044'W. ALONG THE SOUTH LINE OF THE NORTH ONE QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 2,557.19 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE HALF, OF THE NORTHEAST ONE QUARTER, OF THE NORTHWEST ONE QUARTER OF SAID SECTION 14; THENCE RUN N.00'02'OT'E. ALONG THE WEST LINE OF THE EAST ONE HALF, OF THE NORTHEAST ONE QUARTER, OF THE NORTHWEST ONE QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 1,389.68 FEET TO A POINT ON THE SOUTH LINE OF SECTION 11, TOWNSHIP 51 S., RANGE 26 E COLLIER COUNTY FLORIDA; THENCE RUN N_88`05'43"W. ALONG THE SOUTH LINE OF SAID SECTION 11, FOR A DISTANCE OF 590.35 FEET; THENCE RUN N.01- 43'02"E., FOR A DISTANCE OF 1,493.79 FEET; THENCE RUN S.88'09'55"E., FOR A DISTANCE: OF 1,274.00 FEET; THENCE RUN S.88'09'46'E., FOR A DISTANCE OF 1374.52 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE HALF OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 11; THENCE RUN N.01'i354 °E. ALONG THE WEST LINE OF EAST ONE HALF OF THE SOUTHEAST ONE QUARTER AND ALONG THE WEST LINE OF THE SOUTHEAST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SAID SECTION 11, FOR A DISTANCE OF 1,860.10 FEET; THENCE RUN S.88 °46'12 "E., FOR A DISTANCE OF 518.33 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS N.85'32'40 "E., A DISTANCE OF 350.00 FEET THEREFROM; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 350,00 FEET. THROUGH A CENTRAL ANGLE OF 37'05'11 ", SUBTENDED BY A CHORD OF 222.61 FEET AT A BEARING OF N_17'0516"E, FOR A DISTANCE OF 226.55 FEET TO THE END OF SAID CURVE; THENCE RUN N.35'3T51 "E, FOR A DISTANCE OF 214.87 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF- -WAY LINE OF SAID US 41; THENCE RUN S.64'21'53 "E. ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID US 41, FOR A DISTANCE OF 807.97 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 11; THENCE RUN S.01'00'W`W. ALONG THE EAST LINE OF SAID SECTION 11, FOR A DISTANCE OF 3,308.61 FEET, TO THE POINT OF BEGINNING: CONTAINING OR 1,079.00 ACRES, MORE OR LESS. C,Ue udmMmm�unu� ove�s I&Kdx (o �C *J�ic c" a� V 00 CLy v L itF� W�Q 0 a Y W ut U h • it COLDER BOULEVARD ( S_R, 451 ) -N Q +1 U O �Q t3 Q m 0.211 0- L. cu O ci O d n IL IL n ur 25 .� N F W W 0- a 00 go F F Z U� Of F � � Z WD OF� FIDDLER'S GREEK COMMUNITY DEVELOPMENT DISTRICT #2 Qso EneorVar FIDDLER'S CREEK "`°irtm pis 1 R2W DISTRICT #2� �� uo�eses�ae�as �,°7n LOCATION MAP �.h;, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RE: PROPOSED AMENDMENT TO COUNTY ORDINANCE NO. 02 -61 PURSUANT TO SECTION 190.046, FLORIDA STATUTES TO MODIFY THE BOUNDARIES OF FIDDLERS CREEK COMMUNITY DEVELOPMENT DISTRICT 42 THROUGH EXPANSION AND TO CONSENT TO SPECIAL POWERS �c PETITION TO AMEND COLLIER COUNTY ORDINANCE NO. 02 -61 TO MODIFY THE EXTERNAL BOUNDARIES OF FIDDLERS CREEK COMMUNITY DEVELOPMENT DISTRICT 92 THROUGH EXPANSION AND TO CONSENT TO SPECIAL POWERS The BOARD OF SUPERVISORS of the FIDDLERS CREEK COMMUNITY DEVELOPMENT DISTRICT 42 ( "Petitioner" or "District "), by and through its undersigned attorney, petitions the BOARD OF COUNTY COMMISSIONERS IN AND FOR COLLIER COUNTY, FLORIDA ("County "), to adopt an amendment to County Ordinance No. 02 -61 (ordinance establishing this District) to amend the total Iand area to be serviced by the District, and to amend the external boundaries of the District pursuant to Section 190.046, Florida Statues and to consent to the exercise of certain special powers relating to parks and recreation and security. In support thereof, Petitioner submits: I. Organizational information. Petitioner, Fiddlers Creek Community Development District 42, is a uniform community development district created by statute and established by County Ordinance No. 02 -61. A copy of the Ordinance is attached as Exhibit "A ". Its District �c Office is located at 6131 Lyons Road, Suite 100, Coconut Creek, Florida 33073 and the Chairman of the Board of Supervisors is James Robertson. Its Manager is Chuck Adams of Wrathell, Hunt & Associates, LLC. 2. Establishment. By County Ordinance No. 02 -61, dated November 19, 2002, the District was established on the proposed property and is in legal existence and good standing. 3. Authority for Petition. On March 26, 2014, Petitioner adopted District Resolution 2014 -4 to authorize and require the manager and general counsel of the District to petition the Board of County Commissioners for Collier County for a modification of the District's boundaries through expansion. A copy of said resolution is attached hereto and incorporated herein as Exhibit "B ". On January 22, 2003, the Petitioner adopted District Resolution 200' )-20 requesting the consent of the Board of County Commissioners to exercise certain special powers pursuant to Section 190.012(2), Florida Statutes. A copy of said resolution is attached hereto and incorporated herein as Exhibit "C ". 4. Expansion Land. The land to be added to the total area presently serviced by the District ( "Expansion Land ") is located in an unincorporated area of Collier County and is contiguous to the now - existing external boundaries of the District. A sketch and legal description of the Expansion Land is attached as Exhibit "D ". A map showing the location of the Expansion Land is attached as Exhibit "E." Said Expansion Land has a total acreage of 69.30. 5, Boundaries Before and After. A metes and bounds legal description of the existing external boundaries of the District is attached as Exhibit "F ". The existing external boundaries of the District are comprised of 998.794 acres. A metes and bounds legal description of the boundaries of the District as modified through expansion is attached as Exhibit "G ". The acreage of the existing external boundaries together with the Expansion Land has a total acreage C of 1,068.09. Both legal descriptions are provided in accordance with Section 190.046(1)(a), Florida Statutes. There is no real property to be included within the boundaries of the District as expanded which is to be excluded from the jurisdiction of the District as expanded. 6. Consent. Attached as Exhibit "H" is the written consent to the expansion of the District by the owners of one hundred percent (100 %) of the real property herein sought to be included in the expanded land area serviced by the District in accordance with Section 190.046(1)(g), Florida Statutes. The filing of this Petition by the Board of Supervisors constitutes the consent of all landowners residing within the current boundaries of the District as per Section 190.046(1)(g), Florida Statutes. Attached as Exhibit "H -1" are the most recent deeds of record for the land to be added. 7. Extent of Expansion. Further, in compliance with Section 190.046(1)(e), Florida Statutes, the amendment of the external boundaries of the District as herein petitioned does not comprise (singularly and cumulatively) more than fifty percent (50 %) of the District's initial service area and will not result in amendments encompassing more than 500 acres total. 8. Prepared Timetable. The proposed timetable for construction of any District systems, facilities and services in the Expansion Land, the estimated costs of their construction and related matters are set forth herein as Exhibit "L" 9. Future Land Uses. The designations of future general distribution, location, and extent of the public and private land uses proposed for the amended District by the Future Land Use Element of the local Comprehensive Plan are shown on Exhibit "J ". 10. Statement of Estimated Regulatory Costs. Petitioner submits the attached Statement of Estimated Regulatory Costs ( "SERC ") for the District which contemplates the granting by the County of this Petition to Amend the District's Boundaries as required by C Section 190.046(1)(a) and Section 190.005 (1)(a)8., Florida Statutes, which SERC is attached hereto as Exhibit "K ". 11. Filing Fee. Prior to the filing of this Petition, the Petitioner submitted a copy of this Petition, together with the required fee of $1,500.00 to Collier County. 12. The County Should Chant this Petition. This petition should be granted for the following reasons: a. Amendment of the District's boundaries and all land uses and services planned within the District as amended are not inconsistence with applicable elements or portions of the adopted State Comprehensive Plan or the effective local Comprehensive Plan. b. The area of land within the amended District is part of a planned community. The District as amended will continue to be of sufficient size and sufficiently compact and contiguous to be developed as one functional and interrelated community. C. Existence of the amended District will prevent the general body of taxpayers in the County from bearing the burden for installation of the infrastructure and the maintenance of certain facilities within the development encompassed by the amended District. The District is the best alternative for delivering community development services and facilities to the lands within the amended District without imposing an additional burden on the general population of the local general - purpose government. The proposed amendment of the District will allow for a more efficient use of resources. d. The community development services and facilities of the District as amended will not be incompatible with the capacity and use of existing local and regional community development services and facilities. ma- a e. The area to be served by the District as amended is amenable to separate special - district government. WHEREFORE, Petitioner respectfully requests the County to do the following: A. Direct its staff to notice, as soon as practicable, a local, public, non - emergency ordinance hearing in accordance with Section 190.046(1)(b) and Chapter 125, Florida Statutes, on the subject of whether to grant this Petition to amend County Ordinance No. 02 -61 to modify the external boundaries of the Fiddlers Creek Community Development District 42 through both expansion and contraction and consent to the Fiddler's Creek Community Development District #2 exercising the special powers outlined in Sections 190.012(2)(a) and (d), Florida Statutes (2013) relating to parks and recreation and security. B. Grant this Petition and adopt the amendment to Ordinance No. 02 -61 to modify the boundaries of the Fiddlers Creek Community Development District #2 pursuant to Section 190.046(1)(b), Florida Statutes and consent to the Fiddler's Creek Community Development District 92 exercising the special powers outlined in Sections 190.012(2)(a) and (d), Florida Statutes (2013), to plan, establish, acquire, construct or reconstruct, enlarge or expand, equip, operate and maintain additional systems and facilities for: 1. Parks and facilities for indoor and outdoor recreational, cultural, and educational uses. 2. 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. (SIGNATURES APPEAR ON THE FOLLOWING PAGE) -#-q C FO SUBPQSSION TO COUNTY: 1�;LL-IdT WL-1-6-P, Vice Chairman Fiddlers Creek Community Development District #2 RESPECTIVELY SUBMITTED AND FILED to Collier County this day of 2014. COLEMAN, YOVANOVICH & KOESTER- P.A. Richard D. Yovanovich, Esq. Florida Bar No. 0782599 Northern Trust Bank Building 4001 Tarnianii Trail North, Suite 300 Naples, Florida 34103 Phone: (239) 435-3535 Facsimile: (239) 435-1218 Attorney for Petitioner Fiddlers Creek Community Development District #2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that one original and one (1) true and correct copies of the foregoing Petition to Amend Collier County Ordinance No. 02-61 to Modify the External Boundaries of Fiddlers Creek Community Development District #2 Through Expansion And Consent To Special Powers were sent via hand delivered to Jeffrey Ktatj--ow, Couno, Attorney, 3301 Tarniarni Trail. Fast, Naples, Florida 34112 on this "'--- davof .2014, Richard D. Yovanovich, Esq. Exhibit "A" Ordinance No. 02 -61 4P-7C ORDINANCE NO. 02 -fil ti ,,g.-! 2 s4� AN ORDINANCE ESTABLISHING THE FIDDLER`S CREEK Y` COMMUNITY DEVELOPMENT DISTRICT NUMBER 2 ^� a� DESCRIBING THE EXTERNAL BOUNDARIES OF THEE=-_ G� C DEC � f 3 DISTRICT; NAMING THE INITIAL MEMBERS OF THEE �:' .1 t ffelo � DISTRICTS BOARD OF SUPERVISORS; NAMING 2 `� DISTRICT; PROVIDING FOR CONFLICT ALT SEVERABILITY; PROVIDING FOR INCLUSION IN THEM CODE OF LAWS AND ORDINANCES; AND PROVIDING AN �tZtr �� EFFECTIVE DATE, WHEREAS, DY Land Associates Ltd., has petitioned the Board of County Commissioners (Board) of Collier County, Florida, a political subdivision of the State of Florida, to establish the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT # 2 (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), as required by Section 190.005(2)(c), Florida Statutes: 1. The petition is complete in that it meets the requirements of Sections 190.005 (1)(e)2., and 190.005(2)(a), Florida Statutes; and all statements contained within the petition are true and correct. 2. Establishment of the District on the land proposed in the petition 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 proposed area of land within the 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. S. The area that will be served by the District is amenable to separate special- district government; and 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 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; and Exhibit "A" =ff qC WHEREAS, pursuant to Section 190.012, Florida Statutes, upon the establishment of the proposed community development district, the District Board of Supervisors will have the right to seek 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 applicable provisions of law governing county ordinances. Whereas clauses are deemed to be true and correct and are adopted as additional authority as if fu €ly, and, set forth herein. Lastly, the State created charter for the District is recognized as Sections 190.006 through 109.041, Florida Statutes. SECTION TWO: ESTABLISHMENT OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT # Z. The Fiddler's Creek Community Development District #2 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, Rhea Riegalhaupt 3. Randy Byrnes 6001 Pelican Bay Boulevard, #1206 2587 Half Moon Walk Naples, FL 34108 Naples, FL 34102 2. Arthur Woodward 4. George Schmelzle 1136 Edington Place 1119 Augusta Falls Way Marco Island, FL 34145 Naples, FL 34119 -1362 5. Clifford (Chip) Olson 1020 Goodlette Road, Suite 200 Naples, FL 34102 SECTION FOUR: DISTRICT NAME. The community development district herein established shall henceforth be known as the "Fiddler's Creek Community Development District #2." SECTION FIVE: STATUTORY PROVISIONS GOVERNING DISTRICT. The Fiddler's Creek Community Development District #2 shall be governed by the provisions of Chapter 190, Florida Statutes, and all other applicable general and local law. SECTION SIX: CONSENT TO SPECIAL POWIEPS. Upon the effective date of this Ordinance, the Fiddler's Creek Community Development District #2 will be duly and legally authorized to exist and exercise all of its general and special powers as limited by law, and has the right to seek consent from the Collier County Board of County Commissioners for the grant of authority to exercise special powers in accordance with Section 190.012(2), Florida Statutes, without question as to the district's continued right, authority and power to exercise its limited powers as established by this Ordinance. The District Board's authority to exercise special powers may include the power to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for: (i) parks and facilities for indoor and outdoor recreational, cultural, and educational uses; and (ii) 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; all as authorized and described by Section 190.012 (2)(a) through (d), Florida Statutes. SECTION SEVEN: CONFLICT AND SEVERABILTTY. 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. SECTION EIGHT: 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 NINE: 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 J day of i' 6otnher 2002. DtIPIGH t BRK ItA-OZ , Deputy Clerk Atli u to Clt I"N's iii9abrs oaly. Approved as to Form And Legal Sufficiency 14;a_ PATRICK G. WHITE, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ��I/i'��i/' �rirr JTJW N. COLETTA, This ordinance filed with the secretory of State's Office the 256 cloy of 60 2CO and acknowledgement of that fili g received this _- day of 7OD7- gy Ammi L= Deputy Clark =1__1 S a �C Exhibit A S.R. 951 COL UER BOULEVARD FIDDLER'S CREEK COMMUNITY DEVEL,OPMENI HOLE mmfUim•SAIVE m Phoi r-- A, 950 Encore Way 1 of 3 DISTRICT 2 g U O C s' a3 a as a pQ�# jkj i i R gg � 2 of 3 .r.. C gal G� o a jrssaa r 1�! ti - !!p N JM 45c- rh CL f s U a� I >- w I � � z o Q� Y� En ._._._---- .— . —._._ W lm dru i i j i i i i I C 3 M �I� rn -. - ._._._._._..... _._. ------ �N y ! EEfe1S�E e ! j I Y j J I } I I 1 1 ' o � i 3 of 3 RH r.��r f OCT 03 '02 11 :27AM Y V & V pal u N - tip Lj Q. µ r N r� ar V . F T 1 t� 1�9 &1LN "l p 3 a � s rn,.■■ � i�I �II��I(( T J — k s � , :A--qc P. 13/13 !a + ` f i fat} } t. ...... - .yam,,,., ..r r • •• "i yi ■ c �i?�� _ ' � i Fi: i Q t:ri ;ilk.: "S�' ti'•`,�'+ii�l.L�R�i� � �t + EM", s s V X i LA 9� r Y• IC all LLI LL! CAa U W Q Q LL 1I;j ?K i j•! ' t ' � s N N m �C W STATE OF FLORIDA) COUNTY OF COLLIER) �c I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2002 -61 Which was adopted by the Board of County Commissioners on the 19th day of November, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of.November, 2002. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County ,0e*jff ssioners .` y j;tl� Y Cry,, ••. k 4�P. ek By. °f�at�rcia�; '�Ibrgan, UI-63 Exhibit "B" District Resolution 2014 -4 4-�C RESOLUTION 2014 -4 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 AUTHORIZING AND IMPLEMENTING THE REQUIREMENTS FOR FILING A PETITION WITH THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FOR A MODIFICATION OF THE DISTRICT'S BOUNDARIES AND THE JURISDICTION OF THE DISTRICT 'THROUGH EXPANSION; PROVIDING FOR CERTAIN REQUIREMENTS IMPLEMENTING SECTION 190.046(1), FLORIDA STATUTES WHEREAS, the Fiddler's Creek Community Development District #2 (the "District") was created by law and established by ordinance, duly and validly, and is in good legal existence and standing; and WHEREAS, the members of the Board of Supervisors of the District desire a modification of the external boundaries and jurisdiction of the District through expansion in order to provide better service to the landowners, both existing and future, and ultimate residents and citizens of the District; and WHEREAS, the modification of the District's acreage will enable the District to facilitate its management and financing services as limited and restricted by state law and its establishment ordinance; and WHEREAS, time is of the essence; and WHEREAS, Chapter 190, Florida Statutes, provides a mechanism by which the land area and jurisdiction of the District may be modified by expansion; and WHEREAS, it is important to have a team of professional consultants to assist the District in this modification process. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2: 1. The District Manager and the law firm of Coleman, Yovanovich & Koester, P.A. ( "CYK ") are authorized and instructed forthwith and immediately to proceed to petition Collier County for a modification of the external boundaries and jurisdiction of the Fiddler's Creek Community Development District #2 through expansion under Section 190.046(1), Florida Statutes to include that real property shown on Exhibit "A" attached hereto and made a part hereof. 2. That, in the petition process, the District Manager and CYK shall retain the members and consultants of an expansion team, prepare the petition and its attachments, arrange for the filing of appropriate fees, coordinate the noticing and the conduct of related hearings and otherwise prepare for the administrative process resulting in the policy decision to modify the boundaries and jurisdiction of the District. 3. It is the express intent of the members of the Board of Supervisors of the District that all proper notices and disclosures will be of paramount importance including consents from applicable landowners. 4. It is determined expressly that this matter is urgent and that time is of the essence. Exhibit "B" M.--** S. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED at a meeting of the Board of Supervisors of Fiddler's Creek Community Development District #2 this 2 >� day of M.ARC 1 , 2014. [SEAL] ATTEST: rc]2�z-e Secretary 2 FIDDLE ' CREEK COMMUNITY DEVELOPMENT D 1 #2 Chair/ Vice Chiir �c EXHIBIT "A" LEGAL DESCRIPTION OF REAL PROPERTY EM HOLE MONTES ENGINEERS - PtANC --RS - 5U"TCNS 950 Encore Way • Naples, Florida 34110 • PhDne 239.254.2000 • Fax: 239.254,2099 LEGAL DESCRIPTION: A PORTION OF LAND SITUATED IN SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST, AND SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SASD SECTION 18; THENCE RUN N.00'1 8'56"E_ FOR A DISTANCE OF 558.71 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.88 "56'39"W., FOR A DISTANCE OF 164.75 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF 34 °37'19 ", SUBTENDED BY A CHORD OF 47.61 FEET AT A BEARING OF S_73 °4442 "W., FOR A DISTANCE OF 48.34 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY WHOSE RADIUS POINT BEARS 8.66 °50'38 "E., THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 141.52 FEET, THROUGH A CENTRAL ANGLE OF 29 °56'24 ", SUBTENDED BY A CHORD OF 73.11 FEET AT A BEARING OF N.38 "OT34 "E., FOR A DISTANCE OF 73.95 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 51.18 FEET, THROUGH A CENTRAL ANGLE OF 22 °53'59 ", SUBTENDED BY A CHORD OF 20.32 FEETAT A BEARING OF N.41 "38'47"E., FOR A DISTANCE OF 20.46 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 196.68 FEET, THROUGH A CENTRAL ANGLE OF 37 °55'19 ", SUBTENDED BY A CHORD OF 127.81 FEET AT A BEARING OF N.49 °09'27 "E., FOR A DISTANCE OF 130.17 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 200.81 FEET, THROUGH A CENTRAL ANGLE OF 56 °16'10 ", SUBTENDED BY A CHORD OF 189.38 FEET AT A BEARING OF N.39 °59'01 "E., FOR A DISTANCE OF 197.21 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 174.24 FEET, THROUGH A CENTRAL ANGLE OF 101 °10'28 ", SUBTENDED BY A CHORD OF 269.23 FEET AT A BEARING OF N.62 °2610 "E., FOR A DISTANCE OF 307.68 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 73.50 FEET, THROUGH A CENTRAL ANGLE OF 80 °04'23 ", SUBTENDED BY A CHORD OF 94.56 FEET AT A BEARING OF N.72 °59'12 "E., FOR A DISTANCE OF 102.72 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 324.51 FEET, THROUGH A CENTRAL ANGLE OF 10 °42'18 ", SUBTENDED BY A CHORD OF 60.54 FEET AT A BEARING OF N.38 °1 8'10 "E., FOR A DISTANCE OF 60.63 FEET TO A POINT OF COMPOUND CURVE CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 625.88 FEET, THROUGH A CENTRAL ANGLE OF 05 °48'41 ", SUBTENDED BY A CHORD OF 63.46 FEET AT A BEARING OF N.46 °33'39 "E., FOR A DISTANCE OF 63.48 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 135.33 FEET, THROUGH A CENTRAL H: \8200 \SSvrvey \Projects by Name of location\ FIDDLERS \2DD2036\LEGALS�2002.036 002 ADDJTION.doa -Zfqc- HOLE MOPNTES EkMtEM - mss s.KMOns 950 Encore Way • Naples, Florida 34110 • Phone 239.254.2000 - Fax 239.254.2099 ANGLE OF 53 °31'39`, SUBTENDED BY A CHORD OF 121.88 FEET AT A BEARING OF N.22 °42'11 "E., FOR A DISTANCE OF 126.43 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 315.89 FEET, THROUGH A CENTRAL ANGLE OF 63 °30'54 ", SUBTENDED BY A CHORD OF 333.58 FEET AT A BEARING OF N.27 °41'48 "E., FOR A DISTANCE OF 351.29 FEET TO A POINT OF COMPOUND CURVE CONCAVE SOUTHEASTERLY; WHOSE RADIUS POINT BEARS S.43 °24'49 "E., THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 303.38 FEET, THROUGH A CENTRAL ANGLE OF 22 °38'59 ", SUBTENDED BY A CHORD OF 119.15 FEET ATA BEARING OF N.57 °54'40 "E., FOR A DISTANCE OF 119.93 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; WHOSE RADIUS POINT BEARS N.20 °13'13 "W., THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 120.54 FEET, THROUGH A CENTRAL ANGLE OF 93 °54'56 ", SUBTENDED BY A CHORD OF 176.19 FEET AT A BEARING OF N.22 °49'19 "E., FOR A DISTANCE OF 197.58 FEET TO A POINT OF COMPOUND CURVE CONCAVE SOUTHWESTERLY; WHOSE RADIUS POINT BEARS S.66 °24'29 "W., THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 38.74 FEET, THROUGH A CENTRAL ANGLE OF 41 °14'22 ", SUBTENDED BY A CHORD OF 27.29 FEET AT A BEARING OF N.44 °12'42"W., FOR A DISTANCE OF 27.88 FEET TO A POINT OF REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 95.40 FEET, THROUGH A CENTRAL ANGLE OF 98 °43'38 ", SUBTENDED BY A CHORD OF 144.78 FEET AT A BEARING OF N.15 °28'04 "W., FOR A DISTANCE OF 164.38 FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY"; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 128.37 FEET, THROUGH A CENTRAL ANGLE OF 47 °22'28 ", SUBTENDED BY A CHORD OF 103.14 FEET AT A BEARING OF N.10 °12'30 "E., FOR A DISTANCE OF 106.14 FEET TO A POINT OF REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 173.46 FEET, THROUGH A CENTRAL ANGLE OF 61 °40'49 ", SUBTENDED BY A CHORD OF 177.85 FEETATA BEARING OF N.17 °21'41 "E., FOR A DISTANCE OF 186.74 FEET TO A POINT OF COMPOUND CURVE CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 149.49 FEET, THROUGH A CENTRAL ANGLE OF 44 °07'11 ", SUBTENDED BY A CHORD OF 112.29 FEET AT A BEARING OF N.70 °15'41 "E., FOR A DISTANCE OF 115.11 FEET TO A POINT OF COMPOUND CURVE CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 175.68 FEET, THROUGH A CENTRAL ANGLE OF 50 °17'07 ", SUBTENDED BY A CHORD OF 149.28 FEET AT A BEARING OF S.62 °32'10 "E., FOR A DISTANCE OF 154.18 FEET TO A POINT OF COMPOUND CURVE CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 115.82 FEET, THROUGH A CENTRAL ANGLE OF 111 °08'02 ", SUBTENDED BY A CHORD OF 191.05 FEET AT A BEARING OF S.1 8 °10'25 "W., FOR A DISTANCE OF 224.65 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 177.90 FEET, THROUGH A CENTRAL ANGLE OF 34 °50'15 ", SUBTENDED BY A CHORD OF 106.51 FEET AT A BEARING OF S.56 °19'19 "W., FOR A DISTANCE OF 108.17 FEET TO A POINT OF COMPOUND CURVE CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF 58 °25'12", SUBTENDED BY A CHORD OF 78.08 FEET AT A BEARING OF S.09`41'369N., FOR A DISTANCE OF 81.57 FEET TO A POINT OF H: \820D \5- Survey\Projeas by Name of Location \FlDDLERS\2002036 \LEGALS \2002036 =2 ADDMON.doa �C IKWN HOLE MONTES ENMEERS PlpfA M R RYDORS 950 Enoore Way • Naples, Florida 34110 • Phone 239.254.2000- Fax 239.254.2099 COMPOUND CURVE CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 88.78 FEET, THROUGH A CENTRAL ANGLE OF 43 °59'05", SUBTENDED BY A CHORD OF 66.49 FEET AT A BEARING OF S.41 °30'33 "E., FOR A DISTANCE OF 68.15 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY; WHOSE RADIUS POINT BEARS S.27 °39'45W., THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 170.95 FEET, THROUGH A CENTRAL ANGLE OF 27 °34'50 ", SUBTENDED BY A CHORD OF 81.50 FEET AT A BEARING OF S.48 °32'50 "E., FOR A DISTANCE OF 82.29 FEET TO THE END OF SAID CURVE; THENCE RUN N.45 °16'50 "E., FOR A DISTANCE OF 431.07 FEET; THENCE RUN N.40 °59'55 "E., FOR A DISTANCE OF 213.60 FEET TOA POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY; WHOSE RADIUS POINT BEARS N.38 °54'51 "E., THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 47.36 FEET, THROUGH A CENTRAL ANGLE OF 99 °18'24 ", SUBTENDED BY A CHORD OF 72.19 FEET AT A BEARING OF N.01'25'57"W., FOR A DISTANCE OF 82.08 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.03 FEET, THROUGH A CENTRAL ANGLE OF 25°20'31 ", SUBTENDED BY A CHORD OF 57.05 FEET AT A BEARING OF N.35 °33'00"E_, FOR A DISTANCE OF 57.51 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 165.16 FEET, THROUGH A CENTRAL ANGLE OF 46 °05112 ", SUBTENDED BY A CHORD OF 129.30 FEET AT A BEARING OF N.45 °55'20"E., FOR A DISTANCE OF 132.85 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 71.65 FEET, THROUGH A CENTRAL ANGLE OF 71 °17'11 ", SUBTENDED BY A CHORD OF 83.50 FEET AT A BEARING OF N.33-19'21 -E., FOR A DISTANCE OF 89.14 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; WHOSE RADIUS POINT BEARS N.87 °44'02 "E., THEREFROM; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 86.55 FEET, THROUGH A CENTRAL ANGLE OF 171-48-26", SUBTENDED BY A CHORD OF 172.66 FEET AT A BEARING OF N.83 °38'15"E., FOR A DISTANCE OF 259.54 FEET TO A POINT OF COMPOUND CURVE CONCAVE EASTERLY; WHOSE RADIUS POINT BEARS N.84 °39'21 "E., THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 44 °51'40 ", SUBTENDED BY A CHORD OF 152.63 FEET AT A BEARING OF N.17 °05'11 "E., FOR A DISTANCE OF 156.60 FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 195.23 FEET, THROUGH A CENTRAL ANGLE OF 34 °24'31 ", SUBTENDED BY A CHORD OF 115.49 FEET AT A BEARING OF N.22 °18'46 "E., FOR A DISTANCE OF 117.25 FEET TO A POINT OF COMPOUND CURVE CONCAVE WESTERLY; WHOSE RADIUS POINT BEARS N,32 °53'05"W., THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 150.00 FEET, THROUGH A CENTRAL ANGLE OF 83 °46'36 ", SUBTENDED BY A CHORD OF 200.30 FEET AT A BEARING OF N.15 °13'37 "E., FOR A DISTANCE OF 219.33 FEET TO THE END OF SAID CURVE; THENCE RUN N.55 °58'37 "E_, FOR A DISTANCE OF 21.55 FEET TOA POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY; WHOSE RADIUS POINT BEARS N.37 °05'33 "W., THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 201.23 FEET, THROUGH A CENTRAL ANGLE OF 42 °41'03 ", SUBTENDED BY A CHORD OF 146.47 FEET AT H: \8200\5- 5urvey \Projects by Name of Location\ FIDDLERS \2002036\LEGALS\2002.036 CD02 ADDrr1DN.doc[ C IRM HOLE MONTES Elr&NEERS • PLAM MS • & MROin 950 Encore Way • Naples, Florida 34110 • Phone 239.254.2000 • Fare 239.254.2099 A BEARING OF N.31°33'56"E., FOR A DISTANCE OF 149.91 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 227.26 FEET, THROUGH A CENTRAL ANGLE OF 44 °48'54 ", SUBTENDED BY A CHORD OF 173.26 FEET ATA BEARING OF N.32 °37'51 "E., FOR A DISTANCE OF 177.75 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; WHOSE RADIUS POINT BEARS N.34 °22'57"W., THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 62.84 FEET, THROUGH A CENTRAL ANGLE OF 25 °46'26 ", SUBTENDED BY A CHORD OF 28.03 FEET ATA BEARING OF N.42 °43'50 "E., FOR A DISTANCE OF 28.27 FEET TO THE END OF SAID CURVE; THENCE RUN N.34 °59'08 "E., FOR A DISTANCE OF 37.84 FEET; THENCE RUN N.35'39'1 7"E., FOR A DISTANCE OF 55.52 FEET TOA POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY; WHOSE RADIUS POINT BEARS S.44 °05'24"W., THEREFROM; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 350.00 FEET, THROUGH A CENTRAL ANGLE OF 66 °22'03 ", SUBTENDED BY A CHORD OF 383.13 FEET AT A BEARING OF S.12 °43'35 "E., FOR A DISTANCE OF 405.42 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 150.00 FEET, THROUGH A CENTRAL ANGLE OF 110 °27'50 ", SUBTENDED BY A CHORD OF 246.44 FEET AT A BEARING OF S.34 °46'28 "E., FOR A DISTANCE OF 289.19 FEET TO THE END OF SAID CURVE; THENCE RUN N.89 °59'37"E., FOR A DISTANCE OF 58.44 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 52 °30'17 ", SUBTENDED BY A CHORD OF 17.69 FEET AT A BEARING OF N.63 °44'28 "E., FOR A DISTANCE OF 18.33 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL ANGLE OF 15 °00'34 ", SUBTENDED BY A CHORD OF 24.82 FEET AT A BEARING OF N.44 "59'37"E., FOR A DISTANCE OF 24.89 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 52 °30'17", SUBTENDED BY A CHORD OF 17.69 FEET AT A BEARING OF N.26 °14'45 "E., FOR A DISTANCE OF 18.33 FEET TO THE END OF SAID CURVE; THENCE RUN N.89 °59'37 "E., FOR A DISTANCE OF 100.00 FEET TOA POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY; WHOSE RADIUS POINT BEARS N.89 "59'37"E_, THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 52 °30'17 ", SUBTENDED BY A CHORD OF 17.69 FEET ATA BEARING OF S.26 °15'32 "E., FOR A DISTANCE OF 18.33 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL ANGLE OF 15 °00'34 ", SUBTENDED BY A CHORD OF 24.82 FEET AT A BEARING OF S.45 °0923 "E., FOR A DISTANCE OF 24.89 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 52 °30'11 ", SUBTENDED BY A CHORD OF 17.59 FEET AT A BEARING OF S.63'45'1 1"E., FOR A DISTANCE OF 18.33 FEET TO THE END OF SAID CURVE; THENCE RUN S.00 °00'23 "E., FOR A DISTANCE OF 130.00 FEET; THENCE RUN N_89 °59'37 "E., FOR A DISTANCE OF 113.79 FEET; THENCE RUN S.00 °00'23 "E, FOR A DISTANCE OF 150.36 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID H: \8200\5 -5urvey \Projects by Name of Location\FlDDLERS\2002036\LEGALS \2002.036 C.DD2 ADDrTION.dco 19M HOLE MONTES 5100NeeRS ^urx*RS URVEYM 950 Encore Way • Naples, Florida 34110 • Phone 239.254.2000 • Fax: 239.254.2099 CURVE TO THE RIGHT, HAVING A RADIUS OF 320.00 FEET, THROUGH A CENTRAL ANGLE OF 29'39'13 ", SUBTENDED BY A CHORD OF 163.77 FEET AT A BEARING OF S.1 4-49-13-W., FOR A DISTANCE OF 165.62 FEET TO A POINT OF COMPOUND CURVE CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1190.00 FEET, THROUGH A CENTRAL ANGLE OF 18 *36'35', SUBTENDED BY A CHORD OF 384.82 FEET AT A BEARING OF 5.38 °5708 "W., FOR A DISTANCE OF 386.52 FEET TO A POINT OF COMPOUND CURVE CONCAVE SOUTHWESTERLY; WHOSE RADIUS POINT BEARS S.15'24'12"W., THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 59 °39'36 ", SUBTENDED BY A CHORD OF 44.77 FEET AT A BEARING OF S.44 °45'59 "E., FOR A DISTANCE OF 46.86 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 62.58 FEET, THROUGH A CENTRAL ANGLE OF 18 °38'25 ", SUBTENDED BY A CHORD OF 20.27 FEET AT A BEARING OF S.24'1 5'23"E., FOR A DISTANCE OF 20.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 61'46'37 ", SUBTENDED BY A CHORD OF 46.20 FEETAT A BEARING OF S.02'41'1 7"E., FOR A DISTANCE OF 48.52 FEET TO THE END OF SAID CURVE; THENCE RUN S.28 °12'02 "W., FOR A DISTANCE OF 70.46 FEET TO THE BEGINNING OF ATANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 300.00 FEET, THROUGH A CENTRAL ANGLE OF 26'33'16 ", SUBTENDED BY A CHORD OF i37.80 FEET AT A BEARING OF S.14'55'24 "W., FOR A DISTANCE OF 139.04 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 300.00 FEET, THROUGH A CENTRAL ANGLE OF 74'19'47 ", SUBTENDED BY A CHORD OF 362.47 FEET AT A BEARING OF S.38'48'40'W., FOR A DISTANCE OF 389.19 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 300.00 FEET, THROUGH A CENTRAL ANGLE OF 85'58'55 ", SUBTENDED BY A CHORD OF 409.13 FEET ATA BEARING OF S.32'59'06"W., FOR A DISTANCE OF 450.20 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 111'49'56 ", SUBTENDED BY A CHORD OF 74.54 FEET AT A BEARING OF S.45'54'37'1W., FOR A DISTANCE OF 67.83 FEET TO THE END OF SAID CURVE; THENCE RUN N.76'10'25'W., FOR A DISTANCE OF 194.68 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 116'41'28 ", SUBTENDED BY A CHORD OF 76.61 FEET AT A BEARING OF N.19'49'41 "W., FOR A DISTANCE OF 91.65 FEET TO THE END OF SAID CURVE; THENCE RUN N.38'31'03 "E., FOR A DISTANCE OF 111.08 FEET; THENCE RUN N.51 °28'57 "W., FOR A DISTANCE OF 10527 FEET TOA POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY; WHOSE RADIUS POINT BEARS N.49 °16'14 "W., THEREFROM; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 365.00 FEET, THROUGH A CENTRAL ANGLE OF 75'5T07 ", SUBTENDED BY A CHORD OF 449.19 FEET AT A BEARING OF S.78'42'20"W., FOR A DISTANCE OF 483.85 FEET TO A POINT OF COMPOUND CURVE CONCAVE WESTERLY; WHOSE RADIUS POINT BEARS S.53'08'27"W., THEREFROM; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF K:\8200\S-Survey\Pmjectsby Name of Location\ FIDDLERS \2002036\LEGALS\2002.D36 CDD2 ALMMON.d- -4-5 C IRM HOLE MONTES eQHa R - PUXWM suwzyoRs 950 Encore Way • Naples, Florida 34110 • Phone 239.254.2000 • Fax: 239.254.2099 107 °40'34 ", SUBTENDED BY A CHORD OF 72.66 FEET AT A BEARING OF S.1 6'58'44'W., FOR A DISTANCE OF 84.57 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY;WHOSE RADIUS POINT BEARS S.18 °51'32 "E., THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 260.00 FEET, THROUGH A CENTRAL ANGLE OF 74 °43'05 ", SUBTENDED BY A CHORD OF 315.54 FEET AT A BEARING OF 3.33 °46'55 "W., FOR A DISTANCE OF 339.06 FEET TO THE END OF SAID CURVE; THENCE RUN S -03 °34'37 "E., FOR A DISTANCE OF 87.88 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 225.00 FEET, THROUGH A CENTRAL ANGLE OF 94°37'47", SUBTENDED BY A CHORD OF 330.79 FEET AT A BEARING OF S.43 °44'16 "W., FOR A DISTANCE OF 371.61 FEET TO THE END OF SAID CURVE; THENCE RUN N.88P56'50 "W., FOR A DISTANCE OF 322.37 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 285.00 FEET, THROUGH A CENTRAL ANGLE OF 18°35'10 ", SUBTENDED BY A CHORD OF 92.05 FEET AT A BEARING OF N.79 °39'15 "W., FOR A DISTANCE OF 92.45 FEET TO THE END OF SAID CURVE; THENCE RUN N.88 °56'39 "W., FOR A DISTANCE OF 499.58 FEET, TO THE POINT OF BEGINNING. CONTAINING 69.30 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST LINE OF SAID SECTION 18 AS BEING N.00 °18'56 "E. HOLE MONIES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 BY C 1 i ..°.,:° 06278 JOH J ' 41LTON STATE OF FLORIDA H: \8200\5- 5urvey \Projects by Name of Looatlon \FIDDLERS\2002D35\LEGALS \2002.036 CDD2 ADoMON.dou Ed w 1AS200 \S -S—APr&iscts by Nome of Lw,tim \FNDLERS\2062036\LEGI S \2OC2035 WOP ADDIRON 2- 7- 14.&rq TOW, Lp Wtt Y ti, 2014 - 2:19pm plotted by J .KhP: n i 1 n 'R a V 1� N I .NN zw o -° D mz ❑ > N o. N 0078'56' E EAST LINE SECTION 13, TWP 51S, RANGE 26E 55 &71' `� WEST LINE SECTION 18, TWP 51S, RANGE 27E 'D 0D BASIS OF BEARING N 00"18'56" E z= I m Iamob n, �m zoc fi Crp 4r ix 'f 0 g m Z r �MM N I rn m -�1 q N cr> F�f ' .Z T En m N a b c O I '50 M W L16 GTj O l , C25 C � °�� O O O n m 0 S C R3 -V -o 0 QO rP r T = ME" 14 z z -4 -1 � CJr z C ° 40 , f*1 a m �J CJ1 CJJ C rt C) Cj Gt s e Z Leo .4 ° ° C m0 rr� en r r- 'm rn c z wzz P zzzz z � i. P_ noo °o amd m n .. - c CSS eta a .. N - �mPdw 14 So wZ O 0 UNObP£au aPP�" = Gim H�S _N n-q� - NV oWd�-'moFa, - m0p 'd�aO.'o.'a°Pa 2 o110 o-:z_ n ^ „RVe0 n$Sp n O N_ o, 0000 N 031 �pir3 rw� D z > O S P O Oa& m- 0 66 yza aa Ol r • N =p � va- Q- o Y :. o a�wu£'o a� �dCNz£% w°!£�S��- -' a := - I - � 4z Na _ n mvnn - -a�zU4 - nPNu y o.°- yG �zN;P s wi � a z- z4 ze_ xamO z'd 0 � m NwV- ._= .i oC'o O 44 4 Nw n w a� Z _ b-" - O - No Od ynzy £= E� t n £aN ; O N 0 � O a. u � p -i . V_ p N N. S To d z { tj Exhibit "C" District Resolution 2003 -20 RESOLUTION 2003 -20 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FIDDLERS CREEK COMMUNITY DEVELOPMENT DISTRICT #2 REQUESTING THE CONSENT OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO EXERCISE THOSE ADDITIONAL POWERS SET FORTH IN SECTION 190.012(2) (a), (d) and (e), FLORIDA STATUTES (2001) WHEREAS, the Collier County Board of County Commissioners adopted an Ordinance creating the Fiddlers Creek Community Development District #2 which was effective November 25, 2002; and WHEREAS, the Board of Supervisors of the Fiddlers Creek Community Development District #2 at a meeting held January 22, 2003, considered the advisability of exercising those additional powers specified in Section 190.012(2), Florida Statutes, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FIDDLERS CREEK C0MMUNM DEVELOPMENT DISTRICT #2, COLLIER COUNTY, FLORIDA: 1. That it is requested that the Board of County Commissioners of Collier County, Florida, give its consent to the Board of Supervisors of the Fiddlers Creek Community Development District #2 to exercise the following additional specified powers set forth in Sections 190.012(2)(a), (d) and (e), Florida Statutes (2001), to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain additional systems and facilities for: Parks and facilities for indoor and outdoor recreational, cultural, and educational uses. 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 pOolice power, but may contract with the appropriate local general purpose government agencies for an increased level of such services within the District boundaries. ' Oqc Control and elimination of mosquitoes and other arthropods of public health importance. 2. This Resolution shall become effective upon its passage. PASSED AND ADOPTED THIS 22ND DAY OF JANUARY, 2003. Board of Supervisors of Fiddlers Creek Community Development District #2 Jame P. Ward Clifford Olson Secretary Chairman Exhibit "D" Sketch and Legal Description of Expansion Land 9 =X 19M HOLE MONTES EKE -t"NMS 950 Encore Way • Naples, Florida 34110 • Phone 239.254.2000 • Fax: 239.254.2099 LEGAL DESCRIPTION: A PORTION OF LAND SITUATED IN SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST, AND SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18; THENCE RUN N.00 °18'56 "E., FOR A DISTANCE OF 558.71 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.88 °56'39'W., FOR A DISTANCE OF 16435 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF 34 °37`19 ", SUBTENDED BY A CHORD OF 47.61 FEET AT A BEARING OF S.73 °44'42 "W., FOR A DISTANCE OF 48.34 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY WHOSE RADIUS POINT BEARS S.66 °50'38 "E., THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 141.52 FEET, THROUGH A CENTRAL ANGLE OF 29 °56'24 ", SUBTENDED BY A CHORD OF 73.11 FEET AT A BEARING OF N.38 °07'34 "E., FOR A DISTANCE OF 73.95 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 51.18 FEET, THROUGH A CENTRAL ANGLE OF 22 °53'59 ", SUBTENDED BY A CHORD OF 20.32 FEET AT A BEARING OF N.41 °38'47 "E., FOR A DISTANCE OF 20.46 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 196.68 FEET, THROUGH A CENTRAL ANGLE OF 37 °55'19 ", SUBTENDED BY A CHORD OF 127.81 FEET AT A BEARING OF N.49 °09'27 "E., FOR A DISTANCE OF 130.17 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 200.81 FEET, THROUGH A CENTRAL ANGLE OF 56 °1610 ", SUBTENDED BY CHORD OF 189.38 FEET AT A BEARING OF N.39 °59'01 "E., FOR A DISTANCE OF 197.21 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 174.24 FEET, THROUGH A CENTRAL ANGLE OF 101'10'28", SUBTENDED BY A CHORD OF 269.23 FEET AT A BEARING OF N.62'26'1 0"E., FOR A DISTANCE OF 307.68 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 73.50 FEET, THROUGH A CENTRAL ANGLE OF 80 °04'23 ", SUBTENDED BY A CHORD OF 94.56 FEET AT A BEARING OF N.72 °59'12 "E., FOR A DISTANCE OF 102.72 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY. ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 324.51 FEET, THROUGH A CENTRAL ANGLE OF 10 °42'18 ", SUBTENDED BY A CHORD OF 60.54 FEET AT A BEARING OF N.38 °18'1TE., FOR A DISTANCE OF 60.63 FEET TO A POINT OF COMPOUND CURVE CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 625.88 FEET, THROUGH A CENTRAL ANGLE OF 05 °48'41 ", SUBTENDED BY A CHORD OF 63.46 FEET AT A BEARING OF N.46 °33'39 "E., FOR A DISTANCE OF 63.48 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 135.33 FEET, THROUGH A CENTRAL H: \8200 \5- Suwey\Projecis by Name of Location\ FIDDLERS\2002036\LEGALS\2D02036 CONADDIT10N.doa E it "D" i i IK3vi !-SOLE MONTES ENsKMc : _ Ua - suaryarM 950 Encore Way • Naples, Florida 34110 - Phone 239254.2000 • Fax: 239.254.2099 ANGLE OF 53 °31'39 ", SUBTENDED BY A CHORD OF 121.88 FEET AT A BEARING OF N.22 °42'11 "E., FOR A DISTANCE OF 126.43 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 316.89 FEET, THROUGH A CENTRAL ANGLE OF 63 °30'54 ", SUBTENDED BY A CHORD OF 333.58 FEET AT A BEARING OF N.27 °41'48 "E., FOR A DISTANCE OF 351.29 FEET TO A POINT OF COMPOUND CURVE CONCAVE SOUTHEASTERLY; WHOSE RADIUS POINT BEARS S.43 °24'49 "E., THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 303.38 FEET, THROUGH A CENTRAL ANGLE OF 22 °38'59 ", SUBTENDED BY A CHORD OF 119.15 FEET AT A BEARING OF N.57 °54'40 "E., FOR A DISTANCE OF 119.93 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; WHOSE RADIUS POINT BEARS N.20 °13'13 "W., THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 120.54 FEET, THROUGH A CENTRAL ANGLE OF 93 °54'56 ", SUBTENDED BY A CHORD OF 176.19 FEET AT A BEARING OF N.22'49'1 9"E., FOR A DISTANCE OF 197.58 FEET TO A POINT OF COMPOUND CURVE CONCAVE SOUTHWESTERLY; WHOSE RADIUS POINT BEARS S.66 °2429 "W., THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 38.74 FEET, THROUGH A CENTRAL ANGLE OF 41-14'22", SUBTENDED BY A CHORD OF 27.29 FEET AT A BEARING OF N.44 °12'42 "W., FOR A DISTANCE OF 27.88 FEET TO A POINT OF REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 95.40 FEET, THROUGH A CENTRAL ANGLE OF 98 °43'38", SUBTENDED BY A CHORD OF 144.78 FEET AT A BEARING OF N.1 5-28'04"W.. FOR A DIS T ANCE OF 164.38 FEET TO A POINT OF REVERSE CURVC, CONCAVE WESTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 128.37 FEET, THROUGH A CENTRAL ANGLE OF 47 °22'28 ", SUBTENDED BY A CHORD OF 103.14 FEET AT A BEARING OF N.10 °12'30 "E., FOR A DISTANCE OF 106.14 FEET TO A POINT OF REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 173.46 FEET, THROUGH A CENTRAL ANGLE OF 61 '40'49", SUBTENDED BY A CHORD OF 177.85 FEET AT A BEARING OF N.17°21'41 "E., FOR A DISTANCE OF 186.74 FEET TO A POINT OF COMPOUND CURVE CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 149.49 FEET, THROUGH A CENTRAL ANGLE OF 44 °07'11 ", SUBTENDED BY A CHORD OF 112.29 FEET AT A BEARING OF N.70 °15'41 "E., FOR A DISTANCE OF 115.11 FEET TO A POINT OF COMPOUND CURVE CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 175.58 FEET, THROUGH A CENTRAL ANGLE OF 50°1 TOT', SUBTENDED BY A CHORD OF 149.28 FEET AT A BEARING OF S.62 °32'10 "E., FOR A DISTANCE OF 154.18 FEET TO A POINT OF COMPOUND CURVE CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 115.82 FEET, THROUGH A CENTRAL ANGLE OF 111 °08'02 ", SUBTENDED BY A CHORD OF 191.05 FEET AT A BEARING OF S.18 °10'25"W., FOR A DISTANCE OF 224.65 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 177.90 FEET, THROUGH A CENTRAL ANGLE OF 34 °50'15 ", SUBTENDED BY A CHORD OF 106.51 FEET AT A BEARING OF S -56 °19'19 "W., FOR A DISTANCE OF 108.17 FEET TO A POINT OF COMPOUND CURVE CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF 58 °25'12 ", SUBTENDED BY A CHORD OF 76.08 FEET AT A BEARING OF S.09 °41'35 "W., FOR A DISTANCE OF 81.57 FEET TO A POINT OF HA8200\S- Survey \Projects by Name of Ln tion \FIDDLERS \2002036 \LEGAIS \2002036 CDD2 ADDITIQNAOo 4L �C IHM !-TOLE MONIES FI3UNEEFZS PI -IMEM SUT,7MRS 950 Encore Way • Naples, Florida 34110 • Phone 239.254.2000 • Fax 239.254.2099 COMPOUND CURVE CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 88.78 FEET, THROUGH A CENTRAL ANGLE OF 43 °59'05 ", SUBTENDED BY A CHORD OF 66.49 FEET AT A BEARING OF S.41 °30'33 "E., FOR A DISTANCE OF 68.15 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY; WHOSE RADIUS POINT BEARS S.27 °3945"W., THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 170.96 FEET, THROUGH A CENTRAL ANGLE OF 27 °34'50 ", SUBTENDED BY A CHORD OF 81.50 FEET AT A BEARING OF S.48 °32'50 "E., FOR A DISTANCE OF 82.29 FEET TO THE END OF SAID CURVE; THENCE RUN N.45 °16'50 "E, FOR A DISTANCE OF 431.07 FEET; THENCE RUN N.40 °59'55 "E., FOR A DISTANCE OF 213.60 FEET TOA POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY; WHOSE RADIUS POINT BEARS N.38 "54'51 "E., THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 47.36 FEET, THROUGH A CENTRAL ANGLE OF 99 °18'24 ", SUBTENDED BY A CHORD OF 72.19 FEET AT A BEARING OF N.01'25'57W., FOR A DISTANCE OF 82.08 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.03 FEET, THROUGH A CENTRAL ANGLE OF 25 °2931 ", SUBTENDED BY A CHORD OF 57.05 FEET AT A BEARING OF N.35 °33'00 "E., FOR A DISTANCE OF 57.51 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 165.16 FEET, THROUGH A CENTRAL ANGLE OF 46 °05'12 ", SUBTENDED BY A CHORD OF 129.30 FEET AT A BEARING OF N.45 °55'20 "E., FOR A DISTANCE OF 132.85 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 71.65 FEET, THROUGH A CENTRAL ANGLE OF 71'17'11", SUBTENDED BY A CHORD OF 83.50 FEET AT A BEARING OF N.33 °19'21 "E., FOR A DISTANCE OF 89.14 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; WHOSE RADIUS POINT BEARS N.87 °44'02 "E., THEREFROM; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 86.55 FEET, THROUGH A CENTRAL ANGLE OF 171'48'26", SUBTENDED BY A CHORD OF 172.66 FEET AT A BEARING OF N.83 °38'15 "E., FOR A DISTANCE OF 259.54 FEET TO A POINT OF COMPOUND CURVE CONCAVE EASTERLY; WHOSE RADIUS POINT BEARS N.84 °39'21 "E., THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 44 °51'40 ", SUBTENDED BY A CHORD OF 152.63 FEET AT BEARING OF N.17 °05'11 "E., FOR A DISTANCE OF 156.60 FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 195.23 FEET, THROUGH A CENTRAL ANGLE OF 34 °24'31 ", SUBTENDED BY A CHORD OF 115.49 FEET AT A BEARING OF N.22 °18'46 "E., FOR A DISTANCE OF 117.25 FEET TO A POINT OF COMPOUND CURVE CONCAVE WESTERLY; WHOSE RADIUS POINT BEARS N.32 °53'05 "W., THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 150.00 FEET, THROUGH A CENTRAL ANGLE OF 83 "46'36 ", SUBTENDED BY A CHORD OF 200.30 FEE-FAT A BEARING OF N.1 5 °13'37 E., FOR A DISTANCE OF 219.33 FEET TO THE END OF SAID CURVE; THENCE RUN N.55 °58'37 "E., FOR A DISTANCE OF 21.55 FEET TOA POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY; WHOSE RADIUS POINT BEARS N.37 °05'33 "W., THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 201.23 FEET, THROUGH A CENTRAL ANGLE OF 42 °41'03 ", SUBTENDED BY A CHORD OF 146.47 FEET AT H: \8200\5 -5ur AProjects by Name of Location \FIDDLERS\2002036\LEGALS \2002.036 CDD2 ADDrTIDN.d.- IRM HOLE MOINrMS EWNM - HIMIEPS - 60WEYaR: 950 Encore Way • Naples, Florida 34110 • Phone 239.254.2000 -Fax: 239.254.2099 A BEARING OF N.31 *33'56"E., FOR A DISTANCE OF 149.91 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 227.26 FEET, THROUGH A CENTRAL ANGLE OF 44 °48'54 ", SUBTENDED BY A CHORD OF 173.26 FEET AT A BEARING OF N.32 °37'51 "E., FOR A DISTANCE OF 177.75 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; WHOSE RADIUS POINT BEARS N.34 °22'57 "W., THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 52.84 FEET, THROUGH A CENTRAL ANGLE OF 25 °46'26 ", SUBTENDED BY A CHORD OF 28.03 FEET AT A BEARING OF N.42 °43'50 "E., FOR A DISTANCE OF 28.27 FEET TO THE END OF SAID CURVE; THENCE RUN N.34 °59'08 "E., FOR A DISTANCE OF 37.84 FEET; THENCE RUN N.35 °39'17 "E., FOR A DISTANCE OF 55.52 FEET TOA POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY; WHOSE RADIUS POINT BEARS S.44 °05'24"W., THEREFROM; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 350.00 FEET, THROUGH A CENTRAL ANGLE OF 66 "22'03 ", SUBTENDED BY A CHORD OF 383.13 FEET AT A BEARING OF S.12 °43'35 "E., FOR A DISTANCE OF 405.42 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 150.00 FEET, THROUGH A CENTRAL ANGLE OF 110 °27'50 ". SUBTENDED BY A CHORD OF 246.44 FEET ATA BEARING OF S.34 °46'28 "E., FOR A DISTANCE OF 289.19 FEET TO THE END OF SAID CURVE; THENCE RUN N.89 °59'37 "E., FOR A DISTANCE OF 58.44 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 52 °30'17, SUBTENDED BY A CHORD OF 17.69 FEET AT A BEARING OF N.63 °44'28 "E., FOR A DISTANCE OF 18.33 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL ANGLE OF 15 °00'34 ", SUBTENDED BY A CHORD OF 24.82 FEET ATA BEARING OF N.44 °59'37 "E., FOR A DISTANCE OF 24.89 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 52 °3011711, SUBTENDED BY A CHORD OF 17.69 FEET AT A BEARING OF N.26 °14'45 "E., FOR A DISTANCE OF 18.33 FEET TO THE END OF SAID CURVE; THENCE RUN N.89 "59'37"E., FOR A DISTANCE OF 100.00 FEET TOA POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY; WHOSE RADIUS POINT BEARS N.89 °59'37 "E., THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 52 °30'17 ", SUBTENDED BY A CHORD OF 17.69 FEET ATA BEARING OF S.26 °15'32 "E., FOR A DISTANCE OF 18.33 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL ANGLE OF 15 °00'34 ", SUBTENDED BY A CHORD OF 24.82 FEET AT A BEARING OF S.45 °00'23 "E, FOR A DISTANCE OF 24.89 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 52 °30'11 ", SUBTENDED BY A CHORD OF 17.69 FEETAT A BEARING OF S.63 °45'11 "E., FOR A DISTANCE OF 18.33 FEET TO THE END OF SAID CURVE; THENCE RUN S.00 "00'23 "E., FOR A DISTANCE OF 130.00 FEET; THENCE RUN N.89 °59'37 "E., FOR A DISTANCE OF 113.79 FEET; THENCE RUN S.00 °00'23 "E., FOR A DISTANCE OF 150.36 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID H: \8200\5- Survey \Projects by Name of Locat ion\ FIDDLERS \2002036\IEGAl5 \2002.036 CDD2 ADDITION.docx �lC INM HOLE MONTES ENGWEM PLMNEM M- N-VaM, 950 Encore Way • Naples, Florida 34110 • Phone 239.254.2000 • Fax: 239.254.2099 CURVE TO THE RIGHT, HAVING A RADIUS OF 320.00 FEET, THROUGH A CENTRAL ANGLE OF 29 °39'13 ", SUBTENDED BY A CHORD OF 163.77 FEET AT A BEARING OF S. 14-49-13-W-, FOR A DISTANCE OF 165.62 FEET TO A POINT OF COMPOUND CURVE CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1190.00 FEET, THROUGH A CENTRAL ANGLE OF 18 °36'36 ", SUBTENDED BY A CHORD OF 384.82 FEETAT A BEARING OF S.38 °57'08'W., FOR A DISTANCE OF 386 -52 FEET TO A POINT OF COMPOUND CURVE CONCAVE SOUTHWESTERLY; WHOSE RADIUS POINT BEARS S.15 °24'12'W., THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 59 °39'38 ", SUBTENDED BY A CHORD OF 44.77 FEET AT A BEARING OF S_44 °45'59 "E., FOR A DISTANCE OF 46.86 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 62.58 FEET, THROUGH A CENTRAL ANGLE OF 18 °38'25 ", SUBTENDED BY A CHORD OF 20.27 FEET AT A BEARING OF S.24'1 5-23-E., FOR A DISTANCE OF 20.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 61-46-37", SUBTENDED BY A CHORD OF 46.20 FEET AT A BEARING OF S.02 °41'1T'E., FOR A DISTANCE OF 48.52 FEET TO THE END OF SAID CURVE; THENCE RUN S.28 °1 2'02 "W., FOR A DISTANCE OF 70.46 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 300.00 FEET, THROUGH A CENTRAL ANGLE OF 26 °33'16 ", SUBTENDED BY A CHORD OF 137.80 FEETAT A BEARING OF SA4 °55'24'W., FOR A DISTANCE OF 139.04 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 300.00 FEET, THROUGH A CENTRAL ANGLE OF 74 °19'47 ", SUBTENDED BY A CHORD OF 362.47 FEET AT A BEARING OF S.38 °48'40'W., FOR A DISTANCE OF 389.19 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY, THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 300.00 FEET, THROUGH A CENTRAL ANGLE OF 85 °58'55 ", SUBTENDED BY A CHORD OF 409.13 FEETAT A BEARING OF S.32 °59'06'W., FOR A DISTANCE OF 450.20 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 111 °49'56 ", SUBTENDED BY A CHORD OF 74.54 FEET AT A BEARING OF S.45 °54'37'W., FOR A DISTANCE OF 87.83 FEET TO THE END OF SAID CURVE; THENCE RUN N.76 °10'25'W., FOR A DISTANCE OF 194.66 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 116 °41'28 ", SUBTENDED BY A CHORD OF 76.61 FEET AT A BEARING OF N.19 °49'41 "W., FOR A DISTANCE OF 91.65 FEET TO THE END OF SAID CURVE; THENCE RUN N.38 °31'03 "E., FOR A DISTANCE OF 111.08 FEET: THENCE RUN N.51 °28'57 "W., FOR A DISTANCE OF 105.27 FEET TOA POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N.49 °16'14 "W., THEREFROM; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 365.00 FEET, THROUGH A CENTRAL ANGLE OF 75 °57'07 ", SUBTENDED BY A CHORD OF 449.19 FEET AT A BEARING OF S.78 °42'20 "W., FOR A DISTANCE OF 483.85 FEET TO A POINT OF COMPOUND CURVE CONCAVE WESTERLY; WHOSE RADIUS POINT BEARS S.53 °08'27'W., THEREFROM; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF H: \8200\SSurvey \Projects by Name of Locat ion \FIDDLERS \2W2036\LEGA-5 \2002036 CDD2 ADDITION.docx �C Dim HOLE MONTE5 950 Encore Way • Naples, Florida 34110 • Phone 239.254.2000 • Fax: 239.254.2099 107 °40'34 ", SUBTENDED BY A CHORD OF 72.66 FEET AT A BEARING OF S.16 °58'44 "W., FOR A DISTANCE OF 84.57 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY;WHOSE RADIUS POINT BEARS S.18 °51'32 "E, THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 260.00 FEET, THROUGH A CENTRAL ANGLE OF 74 °43'05 ", SUBTENDED BY A CHORD OF 315.54 FEET AT A BEARING OF S.33 °46'55 "W., FOR A DISTANCE OF 339.06 FEET TO THE END OF SAID CURVE; THENCE RUN S.03 °34'37E., FOR A DISTANCE OF 87.88 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 225.00 FEET, THROUGH A CENTRAL ANGLE OF 94 °3T4T', SUBTENDED BY A CHORD OF 330.79 FEET AT A BEARING OF S.43 °44'16 "W., FOR A DISTANCE OF 371.61 FEET TO THE END OF SAID CURVE; THENCE RUN N.88 °56'50"W., FOR A DISTANCE OF 322.37 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 285.00 FEET, THROUGH A CENTRAL ANGLE OF 18 °35'10 ", SUBTENDED BY A CHORD OF 92.05 FEET AT A BEARING OF N.79 °39'15 "W., FOR A DISTANCE OF 92.45 FEET TO THE END OF SAID CURVE; THENCE RUN N.88 °55'39 "W., FOR A DISTANCE OF 499.58 FEET, TO THE POINT OF BEGINNING. CONTAINING 69.30 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST LINE OF SAID SECTION 18 AS BEING N.00 °18'56 "E, HOLE MONIES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 r By JOOHHT J�ILT�N - ` STATE OF FLORIDA rJ :. H: \8200 \5-Survey \Projects by Name of lncat ion\ FIDDLERS \2002036\LEGALS \2001036 CDD2 ADDR10N.d0a �C \8200 \5 -Sorve y \Prc'ec!s by Name of Lo , ton\ 'IDDL -RS \2D02o36\LfGALS\2002035 CDD2 ADIA10N 2- 7- 14.Crq Tob: Lop- U,l It. 2014 - Z 49w Plottc by JoN ^H lto^ D n 1 _ fn tD I N n N � m z o, o 41 Gf N 0018'56" E 1 EAST UNE SECTION 13, TWP 51S, RANGE 26E b58.71' `S WEST UNE SECTION 18, TWP 51S, RANGE 27E 00 0 �° BASIS OF BEARING N 00'18'56" E m0 Nm ;acncn- am 0 � gO Z n C . 9 co c„ O Irno Z N ~ Q moos '` �' n> a —� I O� n O b �a cr �. C/J h7 W t Z 417 P (1 w m � �° O U1 cJ> L?o O I O ua Q cgs Q Cd6 $ 0o 0 0 0 m m C) m ° ?a s c�3 n n -D -u z 00 _ O Qe"� C ~ ' jF -1 ti - C3i G M.R. Q IwO q O �C7 O � Q r CJI CS2 J C CJ J G O v- M si n `T e. = NrO ° 0- - 0 i � 2 m0 ru °iD -4 N �.O O< r Zz2wzz C =wwzwz z ' C30 tl _ mW4in rn.�4t" IwiOO= C mi£n£ • ;Fm mFO tl r-b3 ^ i n GS Ill ° Z zuww w wNw ZZ 0 = zw :�SmWNO�ON�� wwwzzzzzz n z�zzzzz jva!b n =z�wi Vo nnH 4_8U v;nIw ua�N-n n F£££FF4F£Fm 0 m£F nEmml££ ^FFm o8o�m� m�owo n Z mm- r rn f D r a rs tT VA1O f Uz "n^/ ' z N Ic O Z O O o N 0 o O L [ � n zu w zuww w wNw ZZ = zw :�SmWNO�ON�� wwwzzzzzz z�zzzzz jva!b uN =z�wi Vo F£££FF4F£Fm m£F nEmml££ ^FFm nF� 4-q c Exhibit "E" Map of Expansion Land -4rctC c Exhibit "F" Metes and Bounds Legal Description of the Existing External Boundaries �< aka �< % UN: : � Q`op�4e ri� x8oabk<. °,. cgs b �rb6 m��annk�F�aW ixebr�ak »y e�saw�e�p8�`F_ ION:; °z e e k -O fi `�g8'�R °tlI oc Wa 'gB�GW Y1a I »`� Exhibit "F" 6 �b ik a R e "g�gY °yQ�kgL� € °�k i��FSb�ya��e��t i�bs Ckg < ° „b °G ( t G:- °F�� €VR HM r °Y €� Ib r�rs�e�Ati §u�� "e b�Fa gR •.",fi 3 €3 '90 f.1 ” IWZ�<��S iR��<$S3a �d §y8ad Z o� Q o C3 to W a� O XN J � Gal r° a W �w J ON Z VI Z F Chi a�i =aa Q W X S!1 9�guB m=o�9 n a !q% °s 0241 lqi co 5 roi- 4 � / \` \/\ \� \\ \� t nq z A-L.-I 41-�c i ! Agri-I z 0 vi In >- Ld cL L" Ui o EN > En N < Lq 0 :z < z U-i :u 0 a CL Lq 0 y V� k > uj a� 0 Z) Ln } �� > af D br) 3111" �( -42c Exhibit "G" Modified Metes and Bounds Legal Description 19m HOLE MONITES 950 Encore Way • Naples, Florida 34110 • Phone 239.254.2000 • Fax 239.254.2099 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION OF SECTIONS 11, 13 AND 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, AND A PORTION OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, ALL IN COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.89 °55'46 "E. ALONG THE NORTH LINE OF SAID SECTION 13, FOR A DISTANCE OF 4,668.27 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF US 41 (TAMIAMI TRAIL) A 200 FOOT RIGHT -OF -WAY; THENCE RUN S.54 °2129 "E. ALONG THE SOUTHERLY RIGHT- OF-WAY OF SAID US 41, FOR A DISTANCE OF 3,793.58 FEET; THENCE RUN S.35 °3917'W., FOR A DISTANCE OF 107.40 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY WHOSE RADIUS POINT BEARS S.44 °05'24 "W., THEREFROM; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 350.00 FEET, THROUGH A CENTRAL ANGLE OF 66 °22'03 ", SUBTENDED BY A CHORD OF 383.13 FEET AT A BEARING OF S.12 °43'35`E., FOR A DISTANCE OF 405.42 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 150.00 FEET, THROUGH A CENTRAL ANGLE OF 110°27'50 ", SUBTENDED BY A CHORD OF 246.44 FEET AT A BEARING OF S.34 °46'28 "E., FOR A DISTANCE OF 289.19 FEET TO THE END OF SAID CURVE; THENCE RUN N.89 °59'37 "E., FOR A DISTANCE OF 58.44 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 52 °30'1T', SUBTENDED BY A CHORD OF 17.69 FEET AT A BEARING OF N.63 °44'28 "E., FOR A DISTANCE OF 18.33 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL ANGLE OF 15 °00'34 ", SUBTENDED BY A CHORD OF 24.82 FEET AT A BEARING OF N.44 °59'3T'E., FOR A DISTANCE OF 24.89 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 52 °30'17 ", SUBTENDED BY A CHORD OF 17.69 FEET AT A BEARING OF N.26 °1445 "E., FOR A DISTANCE OF 18.33 FEET TO THE END OF SAID CURVE; THENCE RUN N.89 °59'3T'E., FOR A DISTANCE OF 100.00 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY; WHOSE RADIUS POINT BEARS N.89 °59'37 "E., THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 52 °30'17 ", SUBTENDED BY A CHORD OF 17.69 FEET AT A BEARING OF S.26 °15'32 "E., FOR A DISTANCE OF 18.33 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL ANGLE OF 15 °00'34 ", SUBTENDED BY A CHORD OF 24.82 FEET AT A BEARING OF S.45 °00'23 "E., FOR A DISTANCE OF 24.89 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 52 °30'11 ", SUBTENDED BY A CHORD OF 17,69 FEET AT A BEARING OF S.63 °45'11 "E., FOR A DISTANCE OF 18.33 FEET TO THE END OF SAID CURVE; THENCE RUN S.00 °00'23 "E., FOR A DISTANCE OF 130.00 FEET; THENCE RUN N.89 °59'37 "E., Claj a'J h,Akt D i=p�=2 OVERALL 3- 10.1 4.dm Exhibit "G" us 54M HOLE MONT'ES EN6C7EEfvi �".AfdetS SVP.'h:'ORS 950 Encore Way • Naples, Florida 34110 Phone 239.254.2000 • Fax: 239.254.2099 FOR A DISTANCE OF 113.79 FEET; THENCE RUN S.00 °00'23 "E., FOR A DISTANCE OF 150.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 320.00 FEET, THROUGH A CENTRAL ANGLE OF 29 °39'13 ", SUBTENDED BY A CHORD OF 163.77 FEET AT A BEARING OF 8.14 °49'13 "W., FOR A DISTANCE OF 165.62 FEET TO A POINT OF COMPOUND CURVE CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1190.00 FEET, THROUGH A CENTRAL ANGLE OF 18 °36'36 ", SUBTENDED BY A CHORD OF 384.82 FEET AT A BEARING OF S.38 °57'08 "W., FOR A DISTANCE OF 386.52 FEET TO A POINT OF COMPOUND CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS POINT BEARS S.15 °24'12 "W., THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 59 °39'38 ", SUBTENDED BY A CHORD OF 44.77 FEET AT A BEARING OF S.44 °45'59 "E., FOR A DISTANCE OF 46.86 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 62.58 FEET, THROUGH A CENTRAL ANGLE OF 18 °38'25 ", SUBTENDED BY A CHORD OF 20.27 FEET AT A BEARING OF S.24 °15'23 "E., FOR A DISTANCE OF 20.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 61 °46'37 ", SUBTENDED BY A CHORD OF 46.20 FEET Al A BEARING OF S.02 °41'17 "E., FOR A DISTANCE OF 48.52 FEET TO THE END OF SAID CURVE; THENCE RUN S.28 °12'02'w., FOR A DISTANCE OF 70.46 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 300.00 FEET, THROUGH A CENTRAL ANGLE OF 26 °33'16 ", SUBTENDED BY A CHORD OF 137.80 FEET AT A BEARING OF S.14 °55'24 "W., FOR A DISTANCE OF 139.04 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 300.00 FEET, THROUGH A CENTRAL ANGLE OF 74 °19'47, SUBTENDED BY A CHORD OF 362.47 FEET AT A BEARING OF S.38 °48'40 "W., FOR A DISTANCE OF 389.19 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 300.00 FEET, THROUGH A CENTRAL ANGLE OF 85 °58'55 ", SUBTENDED BY A CHORD OF 409,13 FEET AT A BEARING OF S.32 °59'06 "W., FOR A DISTANCE OF 450.20 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 111 °49'56 ", SUBTENDED BY A CHORD OF 74.54 FEET AT A BEARING OF S.45 "54'37"W., FOR A DISTANCE OF 87.83 FEET TO THE END OF SAID CURVE; THENCE RUN N.78 °10'25 "W., FOR A DISTANCE OF 194.68 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 116 °41'28 ", SUBTENDED BY A CHORD OF 76.61 FEET AT A BEARING OF N.19 °49'41 "W., FOR A DISTANCE OF 91.65 FEET TO THE END OF SAID CURVE; THENCE RUN N.38 °31'03 "E., FOR A DISTANCE OF 111.08 FEET; THENCE RUN N.51 *28'67"W., FOR A DISTANCE OF 105.27 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY; WHOSE RADIUS POINT BEARS N.49 °16'14"W., THEREFROM; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 365.00 FEET, THROUGH A CENTRAL ANGLE OF 75 °57'07 ", SUBTENDED BY A CHORD OF 449.19 FEET AT A BEARING OF S.78 °42'20"W., FOR A C:w,nNd, "wfmnwctk,t@�cDnz OVERALL 3 -Io 14.d. �rC am m mom HOLE MONTES T_wmFks a"+e+s SWA.yms 950 Encore Way - Naples, Florida 34110 - Phone 239.254.2000 • Fax. 239.254.2099 DISTANCE OF 483.85 FEET TO A POINT OF COMPOUND CURVE CONCAVE WESTERLY; WHOSE RADIUS POINT BEARS S.53'082T'W., THEREFROM; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 107 °40'34 ", SUBTENDED BY A CHORD OF 72.66 FEET AT A BEARING OF S.16 °58'44 "W., FOR A DISTANCE OF 84.57 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; WHOSE RADIUS POINT BEARS S.18 °51'32 "E., THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 260.00 FEET, THROUGH A CENTRAL ANGLE OF 74 °43'05 ", SUBTENDED BY A CHORD OF 315.54 FEET AT A BEARING OF S.33 °46'55 "W., FOR A DISTANCE OF 339.06 FEET TO THE END OF SAID CURVE; THENCE RUN S.03 °34'37 "E., FOR A DISTANCE OF 87.88 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 225.00 FEET, THROUGH A CENTRAL ANGLE OF 94 °37'47 ", SUBTENDED BY A CHORD OF 330.79 FEET AT A BEARING OF S.43'44'16'W., FOR A DISTANCE OF 371.61 FEET TO THE END OF SAID CURVE; THENCE RUN N.88 °56'50 "W., FOR A DISTANCE OF 322.37 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 285.00 FEET, THROUGH A CENTRAL ANGLE OF 18. 3610 ", SUBTENDED BY A CHORD OF 92.05 FEET AT A BEARING OF N.79'39'15"W., FOR A DISTANCE OF 92.45 FEET TO THE END OF SAID CURVE; THENCE RUN N.88 °56'39 "W., FOR A DISTANCE OF 664.33 FEET; THENCE RUN N.8845W39`W., FOR A DISTANCE OF 164.75 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF 34 °37'19 ", SUBTENDED BY A CHORD OF 47.61 FEET AT A BEARING OF S.73 °44'42 "W., FOR A DISTANCE OF 48.34 FEET TO A POINT OF COMPOUND CURVE CONCAVE EASTERLY; WHOSE RADIUS POINT BEARS S.66 °50'38 "E., THEREFROM; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 141.52 FEET, THROUGH A CENTRAL ANGLE OF 50 °15'07 ", SUBTENDED BY A CHORD OF 120,18 FEET AT A BEARING OF S.01 °58'11 "E., FOR A DISTANCE OF 124.12 FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY WHOSE RADIUS POINT BEARS S.62 °57'42 "W., THEREFROM- THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 221.41 FEET, THROUGH A CENTRAL ANGLE OF 10 °1021 ", SUBTENDED BY A CHORD OF 39.26 FEET AT A BEARING OF S.21'57-OT-E., FOR A DISTANCE OF 39.31 FEET TO A POINT OF CUSP; THENCE RUN N.77'46'12'W., FOR A DISTANCE OF 239.43 FEET; THENCE RUN N.88 °51'53 "1N., FOR A DISTANCE OF 636.47 FEET; THENCE RUN 5.45'53'28 "W., FOR A DISTANCE OF 58.20 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS S.66'02'3M,, A DISTANCE OF 150.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 150.00 FEET, THROUGH A CENTRAL ANGLE OF 119'4T34 ", SUBTENDED BY A CHORD OF 259.54 FEET AT A BEARING OF S.35'66'21 "W., FOR A DISTANCE OF 313.62 FEET TO THE END OF SAID CURVE; THENCE RUN S.07'24'26 "E., FOR A DISTANCE OF 32.73 FEET; THENCE RUN N.71'08'30 "W., FOR A DISTANCE OF 278.51 FEET; THENCE RUN N.49'32'33 "W., FOR A DISTANCE OF 115.86 FEET; THENCE RUN N.73'21'57 "W., FOR A DISTANCE OF 121.18 FEET; THENCE RUN N.47'48'15 "1N., FOR A DISTANCE OF 115.86 FEET; THENCE RUN N.62'56'36 "W., FOR A DISTANCE OF 260.80 FEET; THENCE RUN S.67'4942"W., FOR A DISTANCE OF 55.38 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S.70'23'14 "W., A DISTANCE OF 50.00 C.lO7 Vohrfijw,Dc)u,�CDO2 OVERALL 3 -1( 1Kdw �C HOLE MONTES EMGPEERS PLM EM - 9Jr.ATM 950 Encore Way • Naples, Florida 34110 - Phone 239.254.2000 - Fax: 239,254.2099 FEET THEREFROM; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET, THROUGH A CENTRAL ANGLE OF 29 °33'16 ", SUBTENDED BY A CHORD OF 30.61 FEET AT A BEARING OF N.34 °23'24 W., FOR A DISTANCE OF 30.95 FEET TO THE END OF SAID CURVE; THENCE RUN N.49 °10'02"W., FOR A DISTANCE OF 79.40 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 220.00 FEET, THROUGH A CENTRAL ANGLE OF 16 "4T51 ", SUBTENDED BY A CHORD OF 64.27 FEET AT A BEARING OF N.40 °46'06 "1N., FOR A DISTANCE OF 64.50 FEET TO A POINT OF COMPOUND CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 45 °48'11 ", SUBTENDED BY A CHORD OF 23.35 FEET AT A BEARING OF N.09 °28'05 "W., FOR A DISTANCE OF 23.98 FEET TO THE END OF SAID CURVE; THENCE RUN N.13 °26'00 "E., FOR A DISTANCE OF 25.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL ANGLE OF 134 °11'52 ", SUBTENDED BY A CHORD OF 175.02 FEET AT A BEARING OF N.53 "39'55 "IN., FOR A DISTANCE OF 222.51 FEET TO THE END OF SAID CURVE; THENCE RUN S.59 °14'09"W., FOR A DISTANCE OF 95.48 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, IIAVING A RADIUS OF 155.00 FEET, THROUGH A CENTRAL ANGLE OF 70 °01'59 ", SUBTENDED BY A CHORD OF 177.88 FEET AT A BEARING OF N.85 °44'52 "W., FOR A DISTANCE OF 189.46 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 260.00 FEET, THROUGH A CENTRAL ANGLE OF 36 °36'21 ", SUBTENDED BY A CHORD OF 16130 FEET AT A BEARING OF N.69 °02'03 "W., FOR A DISTANCE OF 156.11 FEET TO THE END OF SAID CURVE; THENCE RUN N.87 "20'14"W., FOR A DISTANCE OF 76.56 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 80 "1T08 ", SUBTENDED BY A CHORD OF 38.68 FEET AT A BEARING OF N.47 °11'40 "W., FOR A DISTANCE OF 42.04 FEET TO THE END OF SAID CURVE; THENCE RUN N.07 "03'06 "W., FOR A DISTANCE OF 61.34 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET, THROUGH A CENTRAL ANGLE OF 62 °31'37 ", SUBTENDED BY A CHORD OF 62.28 FEET AT A BEARING OF N.38'18'54"W., FOR A DISTANCE OF 65.46 FEET TO THE END OF SAID CURVE; THENCE RUN N.69 "3443"W., FOR A DISTANCE OF 43.13 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 116 "44'05 ", SUBTENDED BY A CHORD OF 170.29 FEET AT A BEARING OF S.52 °03'15 "W., FOR A DISTANCE OF 203.74 FEET TO THE END OF SAID CURVE; THENCE RUN N.55 °53'04"W., FOR A DISTANCE 315.24 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N.23 °50'44 "W., A DISTANCE OF 70.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 47 °56'15 ", SUBTENDED BY A CHORD OF 56.87 FEET AT A BEARING OF N.42 °11'08 "E, FOR A DISTANCE OF 58.57 FEET TO A POINT OF COMPOUND CURVE, CONCAVE GiUsegV"YnEid[mVDcck[apKDD2 OVERALL 3- t0 -14.d- �c WIAWE !-COLE MONT"ES ENGNESS PLVC4M SUP.M. MS 950 Encore Way - Naples, Florida 34110 • Phone 239.254.2000 • Fat 239.254.2099 WESTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 170.00 FEET, THROUGH A CENTRAL ANGLE OF 46 °13'15 ", SUBTENDED BY A CHORD OF 133.45 FEET AT A BEARING OF N.04 °53'3T'W., FOR A DISTANCE OF 137.14 FEET TO THE END OF SAID CURVE; THENCE RUN N.28 °00'14 "W., FOR A DISTANCE OF 88.72 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 250.00 FEET, THROUGH A CENTRAL ANGLE OF 60 °36'36 ", SUBTENDED BY A CHORD OF 252.30 FEET AT A BEARING OF N.58 "18'32 "W., FOR A DISTANCE OF 264.46 FEET TO THE END OF SAID CURVE; THENCE RUN N.88 "36'51 "W., FOR A DISTANCE OF 147.41 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET, THROUGH A CENTRAL ANGLE OF 103 "58'48 ", SUBTENDED BY A CHORD OF 94.55 FEET AT A BEARING OF S.39"23'46"W., FOR A DISTANCE OF 108.89 FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 35 "43'08 ", SUBTENDED BY A CHORD OF 122.67 FEET AT A BEARING OF S.05 °15'56 "W., FOR A DISTANCE OF 124.68 FEET TO A POINT OF REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 135.00 FEET, THROUGH A CENTRAL ANGLE OF 47 °59'49 ", SUBTENDED BY A CHORD OF 109.81 FEET AT A BEARING OF S.00 °52'24 "E., FOR A DISTANCE OF 113.09 FEET TO THE END OF SAID CURVE; THENCE RUN S.24 °52'19 "E., FOR A DISTANCE OF 39.34 FEET; THENCE RUN S.89 "40'18 "W., FOR A DISTANCE OF 193.51 FEET; THENCE RUN N.13 °18'01 "E., FOR A DISTANCE OF 14.29 FEET; THENCE RUN N.74 °11'31 "W., FOR A DISTANCE OF 69.02 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 77 °11'31 ", SUBTENDED BY A CHORD OF 249.53 FEET AT A BEARING OF N.35 °35'46"W, FOR A DISTANCE OF 269.45 FEET TO THE END OF SAID CURVE; THENCE RUN N.03 °00'00 "E., FOR A DISTANCE OF 60.69 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 35.00 FEET, THROUGH A CENTRAL ANGLE OF 91 °37'44 ", SUBTENDED BY A CHORD OF 50.20 FEET AT A BEARING OF N.42 "48'52 "W., FOR A DISTANCE OF 55.97 FEET TO THE END OF SAID CURVE; THENCE RUN N.88 °37'44 "W., FOR A DISTANCE OF 109.05 FEET; THENCE RUN S_84 °57'36 "W., FOR A DISTANCE OF 58.87 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 109 °47'15', SUBTENDED BY A CHORD OF 73.63 FEET AT A BEARING OF S.30 003'58 "W., FOR A DISTANCE OF 86.23 FEET TO THE END OF SAID CURVE; THENCE RUN S.24 °49'40 "E., FOR A DISTANCE OF 92.45 FEET; THENCE RUN SA9 °45'17 "E., FOR A DISTANCE OF 120.70 FEET, TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 37 °39'13 ", SUBTENDED BY A CHORD OF 12.91 FEET AT A BEARING OF S.00 °55'41 "E., FOR A DISTANCE OF 13.14 FEET TO THE END OF SAID ; THENCE RUN S.17 "53'56"W., FOR A DISTANCE OF 49.67 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL cav�v��,��cum ovrx�u �a ai4.aa Hm HOLE MONTES ENMERS KN44 6 - SUMAN %LS 950 Encore Way - Napfes, Florida 34110 , Phone 239.254.2000 • Fax: 239.254.2099 ANGLE OF 70 °28'21 ", SUBTENDED BY A CHORD OF 92.31 FEET AT A BEARING OF S.17 °20'15 "E., FOR A DISTANCE OF 98.40 FEET TO THE END OF SAID CURVE; THENCE RUN S.52 °3425 "E., FOR A DISTANCE OF 25.66 FEET; THENCE RUN S.77 °39'49"W., FOR A DISTANCE OF 931,61 FEET; THENCE RUN N.00 °25'58 "W., FOR A DISTANCE OF 2,870.69 FEET, THENCE RUN N.26 °5722"W., FOR A DISTANCE OF 100.00 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N.26 °57'22 "W., A DISTANCE OF 709.89 FEET THEREFROM; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 709.89 FEET, THROUGH A CENTRAL ANGLE OF 15 °23'22 ", SUBTENDED BY A CHORD OF 190.10 FEET AT A BEARING OF S.70 °44'19 "W., FOR A DISTANCE OF 190.68 FEET TO THE END OF SAID CURVE AND TO A POINT ON THE WEST LINE OF SAID SECTION 13; THENCE RUN N.00 °26'31 "W. ALONG THE WEST LINE OF SAID SECTION 13, FOR A DISTANCE OF 495.62 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ONE QUARTER OF SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST; THENCE RUN N.88 °20'44"W. ALONG THE SOUTH LINE OF THE NORTH ONE QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 692:50 FEET; THENCE RUN N.52 °52'01 "W., FOR A DISTANCE OF 173.23 FEET; THENCE RUN 5.37 °07'59"W., FOR A DISTANCE OF 123.46 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ONE QUARTER OF SAID SECTION 14; THENCE RUN N.88 °20'44 "W. ALONG THE SOUTH LINE OF THE NORTH ONE QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 2,557.19 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE HALF, OF THE NORTHEAST ONE QUARTER; OF THE NORTHWEST ONE QUARTER OF SAID SECTION 14; THENCE RUN N.00 °02'OT'E. ALONG THE WEST LINE OF THE EAST ONE HALF, OF THE NORTHEAST ONE QUARTER, OF THE NORTHWEST ONE QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 1,389.88 FEET TO A POINT ON THE SOUTH LINE OF SECTION 11, TOWNSHIP 51 S., RANGE 26 E. COLLIER COUNTY FLORIDA; THENCE RUN N.88 "05'43"W. ALONG THE SOUTH LINE OF SAID SECTION 11, FOR A DISTANCE OF 590.35 FEET; THENCE RUN N.01 °43'02 "E., FOR A DISTANCE OF 1,493.79 FEET; THENCE RUN S.88 °09'55 "E., FOR A DISTANCE OF 1,274.00 FEET; THENCE RUN S.88 °09'46 "E., FOR A DISTANCE OF 1374.52 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE HALF OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 11; THENCE RUN N.01 °13'54 "E. ALONG THE WEST LINE OF EAST ONE HALF OF THE SOUTHEAST ONE QUARTER AND ALONG THE WEST LINE OF THE SOUTHEAST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SAID SECTION 11, FOR A DISTANCE OF 1,860.10 FEET; THENCE RUN 5.88 °46'12 "E., FOR A DISTANCE OF 518.33 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS N.88 °32'40 "E., A DISTANCE OF 350.00 FEET THEREFROM; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 350.00 FEET, THROUGH A CENTRAL ANGLE OF 37 °05'11 ", SUBTENDED BY A CHORD OF 222.51 FEET AT A BEARING OF N.17 °05'16 "E., FOR A DISTANCE OF 226.55 FEET TO THE END OF SAID CURVE; THENCE RUN N.35 °37'51 "E., FOR A DISTANCE OF 214.87 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID US 41; THENCE RUN S.54 °21'53 "E. ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID US 41, FOR A DISTANCE OF 807.97 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 11; THENCE RUN S.01 °00'06 "W. ALONG THE EAST LINE OF SAID SECTION 11, FOR A DISTANCE OF 3,308.61 FEET, TO THE POINT OF BEGINNING; CONTAINING OR 1,079.00 ACRES, MORE OR LESS. C\UUnUandilm\DrhoplMD2 OVERALL 3.10.14.d. -�C WOVE HOLE MONTES ENGWFIS PIi.KY RS • suwhrc`Rs 950 Encore Way - Naples, Florida 34110 • Phone 239.254.2000 - Fax: 239.254.2099 LESS AND EXCEPT: A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHEAST % OF THE NORTHEAST 1/4 OF THE NORTHEAST % OF SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONTAINING 10.906 ACRES, MORE OR LESS. TOTAL ACRES OF THE OVERALL PARCEL IS 1068.09 ACRES, MORE OF LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE NORHT LINE OF SAID SECTION 13 AS BEING S.89 °55'46 "E. 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NVODip{:Cn00 WOCn W 00 W V t3j000N N0000 -+(D tOm ON-�NC�N W tACnCAN W- POCA N��D (n 0 Ll in V CA .P W CA cD -t V o V N O C V Cn 22 Ni0CA W N L,WON[nCnEA(AC71 CAO(nOO V W NrD (np? = P jN V Z sNO DCoW CO� 4.7 CJI N N •P W C1t OON(iN V cp c�DONN O•p00D NcD W.�0 OOta !A - pNCnrnO !A N Cn OOD -IZ 00 pt V cnrnv .V V V W OIWONOOn m 4 C Exhibit "H" Owner's Written Consent -4"C EXHIBIT H EVIDENCE OF WRITTEN CONSENT OF OWNER'S CONSENT TO ESTABLISHMENT OF FIDDLERS CREEK 92 COMMUNITY DEVELOPMENT DISTRICT FCC PRESERVE, LLC, ( "Owner "), by and through its authorized representative Aubrey J. Ferrao, as President and.Chief;Executive Officer and not individually, hereby certifies that it is the owner of certain property located in unincorporated Collier County, Florida, more particularly described on Schedule A hereto (the "Property "). By signing below, the Owner hereby gives its full consent to the inclusion of the Property within the boundaries of the FIDDLER'S CREEK 92 COMMUNITY DEVELOPMENT DISTRICT in Collier County, in accordance with Section 190.005, Florida. Statutes. IN WITNESS WHEREOF,. the undersigned has hereunto set his hand this :W ft ay of April, 2014: FCC PRESFRVE, LLC, a Florida 1' iced liability c By: 111VII Ut Aubrey yFerrao As PresYdent and hief Executive Officer and not individually STATE OF FLORIDA COUNTY OF COLLIER } The foregoing instrument . was acknowledge before me this, day of April, 2014, by Aubrey J. Ferrao; as President and Chief Executive. Officer of FCC Preserve, LLC, who is personally known to me t<J or produced as identification. �Q�.RY�.uf4 JQSEM UVIQ PARiISI * MY COMMISSION 1 EE 000404 ON EXPIRES: hpsi 19,.2014 Notary Public Signa�re: ur�A; OFF �90 unled Thu lWONolafs Printed Name: " r Note, y ;Scamp e 'Ooj $11�li4 E "H" -- ;'�c HOLE MOltiITES RiGINW(S. • RuwJERS - SURVEYORS 950 Encore Way • Naples, Florida 34110 Phone 239.254:2000 -Fax 239.254.2098 SCHEDULE "A" LEGAL DESCRIPTION: APORTION OF LAND' SITUATED IN SECTION 1.3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, AND SECTION 18, TOWNSHIP.51 SOUTH, RANGE 27EAST,.COLLIER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID .SECTION 18; THENCE .RUN N,00.1656"E,, FOR A DISTANCE OF 558.74 FEET TO THE. POINT OF BEGINNING OF THE PARCEL OF LAND HEREiN DESCRIBED; THENCE RUN_ N_.8805639''W.,_FOR A DISTANCE OF 164_75 FE1= T'CQ.TFTE_ BEGINNING OF ATANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 80.00 FEET, THROUGH A,CENTRAL ANGLE OF 34 °37`19 ", SUBTENDED BY A CHORD OF 47.61 FEET AT BEARING OF 5.73 °44'42"W:,. FOR A DISTANCE OF 48,34 FEET TO A.POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY WHOSE RADIUS POINT BEARS S,86 °50'38 "E., THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE_TO THE RIGHT, HAVING A RADIUS OF 141.52 FEET, THROUGH A CENTRAL ANGLE OF 29'56'24 ",..SUBTENDED BYA CHORD OF73.11 FEET AT A BEARING OF N.38 °07'34 "E., FOR A DISTANCE OF 73.95 FEET TO A POINT OF REVERSE CURVE] CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY,,ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 51,18 FEET, THROUGH A CENTRAL ANGLE OF 225'53'59 ", SUBTENDED BY A CHORD OF 2.0:32 FEET AT A BEARING OF NAV3847 11.E, FOR A DISTANCE OF 20.46 FEET TO A POINT OF REVERSE CURVE; CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 196:68 FEET, THROUGH ACENTRAL ANGLE OF 37 055'19 ", SUBTENDED BY.A CHORD OF 127:81 FEET AT A BEARING OF N.49 "09'27 "E.; FOR A DISTANCE OF 130.17 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARCOF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 200.81 FEET, THROUGH A CENTRAL ANGLE.OF 56 °161.0 ", SUBTENDED BY A CHORD OF 189.38 FEET AT A BEARING OF N.39 °59`01 "E., FOR A DISTANCE OF 197.21 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVETO THE RIGHT; HAVING A RADIUSOF 174.24 FEET, THROUGH A CENTRAL ANGLE OF 101 01078 ", SUBTENDED BY A CHORD OF 269.23: FEET AT A BEARING OF N.62 °26'10 "E:, FOR DISTANCE OF MTN FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO -THE LEFT,: HAVING. A RADIUS OF 73.50 FEET, THROUGHA CENTRAL ANGLE OF 80 004'23 "1 SUBTENDED BY A CHORD OF 94.56 FEET AT A BEARING OF N,72'69'12 "E„ FORA DISTANCE OF 102.72 FEET, TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 324.51 FEET, THROUGH A CENTRAL ANGLE OF 10. 42'18 ", SUBTENDED BY A.CHORD OF 60.54 FEET AT A BEARING OF N.30018,11 0":E., FOR A DISTANCE OF 60:63 FEET TO .A POINT:OF COMPOUND CURVE CONCAVE SOUTHEASTERLY; THENCE -RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF U5.8,13. FEET, THROUGH A,CENTRAL ANGLE OF 05-413'41". SUBTENDED BY A CHORD OF 63.46,FEET AT A BEARING OF N.46033'39 "E, FOR A DISTANCE OF 63.48 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 135.33 FEET, THROUGH A CENTRAL 1i: \820015- 5urveAPralects by Named Locatimi\ FIDDLER5j2002035\LEGAl5\2002.036 CDD2 Aonmoro.aocx #k5c INM HOLE MON ?ES .9.; M�,1 .P..WFi�C� • fl1�'s'YGRS 9 i0 Encore Way • Naples; Flwda :34110 • Plia}e.239.2542000 FaX 239254.2099 ANGLE:O,F:5T31.'39',:SUBTENDED BY &CHORD OF 121.88 FEETAT A BEARING OF N.22'42'11 "E, FOR A DISTANCE OF 126.43 FEET TO A POINTOF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC.AF SAlQ CURVE TO THE RIGHT, HAVING A RADIUS OF 316.89 FEET, THROUGH A CENTRAL ANGLE OF 63 °30'54 SUSTENDED.BY A CHORD OF 333;58 FEET AT A BEARING OF N.2r41'48 "E., FORA DISTANCE OF 351,29 FEETTO A POINT OF COMPOUND CURVE CONCAVE SOUTHEASTERLY; WHOSE RADIUS POINT'SEARS S.43`24'49 "E., THEREFROM;THENGE.RUN NORTHEASTERLY; ALONG:THEARC OF,SAID CURVETO THE RIGHT, HAVING A RADIUS OF 303.38 FEET, THROUGH A CENTRAL ANGLE OF 22 °3B'59', SUBTENDED BY A CHORD OF 119;15 FEET AT A BEARING OF N.57- 54'40 "E., FOR A.DISTANCE OF 119.93 FEET TO POINT OF REVERSE CUR1fE, CONCAVE NORTHWESTERLY;: WHOSE RADIUS POINT BEARS, N:20.13'13"W., THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO'THE LEFT, HAVING A RADIUS OF 120.54 FEET, THROUGH CENTRAL ANGLEOF 93754'56 ", SUBTENDED'BY A CHORD OF 176.19 FEET AT A BEARING OF N.22 °49'19 "E., FOR A DISTANCE OF 187.58 FEET TO.A'POINTOF COMPOUND CURVE CONCAVE SOUTHWESTERLY; WHOSE RADIUS POINT BEARS S.86 °2429 -W.. THEREFROM; RUN NORTHERLY, ALONG THEARG OF SAID CURVE TO THE LEFT, CHORD 0172729 FEETATA BEARING OF 11.44" 12'4Z"K, FOR.A DISTANCE OF 27.88 FEETTO A POINT OF REVERSE CURVE, CONCAVE. EASTERLY; THENCE;RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT. HAVING ARADIUS Of 95.40 FEET, THROUGH A CENTRAL ANGLE OF 98 °43'384, SUBTENDED BYACHORD:OF 144.78 FEETATA BEARING OF N.15'28'04"W., FOR A DISTANCE OF 164.38 FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY;. THENCE RUN NORTHERLY, ALONG-THE ARC OF SAID CURVE T4 THE LEFT, HAVING A RADIUS OF 128.37 FEET, THROUGH A CENTRAL ANGLE OF 47F2Z28 ", SUBTENDED BY A CHORD OF 103.14 FEET AT A.BEARING OF N.1 0'12'30'E, FOR A DISTANCE OF 108.14 FEET T0. A POINT OF REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 173.46 FEET; THROUGH A:CENTRAL ANGLE OF 61'40'49', SUBTENDED: BY A CHORD OF 177.85 FEET AT A BEARING OF NA7 °21'41 "E, FOR DISTANCE OF 188:74 FEET TO A POINT OF COMPOUND CURVE CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 149:49 FEET, THROUGH A CENTRAL ANGLE OF 44'OT11 SUBTENDED BY A CHORD OF 1 1229 FEET AT A BEARING OF N.70'15'41 'E„ FOR A DISTANCE DF 115.11 FEET TO A POINT OF COMPOUND CURVE CONCAVE SOUTHWESTERLY; THENCE RUN SO UTHEASTERLY, ALONG THE:ARC OF SAID =RVE TO THERIGHT, HAVING A RADIUS OF 175:88 FEET, THROUGH A CENTRAL ANGLE OF 50'1T07'; SUBTENDEO BY CHORD OF 149.2BFEET AT A HEARING OF au-32-10-E.. FOR A DISTANCE OF 154.18 FEET TO A POINT OF COMPOUND CURVE CONCAVE WESTERLY; THENCE :RUN SOUTHERLY, ALONG THE.ARC,OF SAID CURVE TO THE RIGHT, HAVING ;A RADIUS OF 115:82 FEET, THROUGH A CENTRAL ANGLE OF 111'08'02 "; SUBTENDED BY A CHORD OF 191.05 FEETATA BEARING OFS.18'10'25'W:, FORA DISTANCE OF224. 5`FEET TO A POINTOF REVERSE CURVE. SOUTHEASTERLY; THENCERUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 177:90 FEET; THROUGH A CENTRAL ANGLE OF'34'50'15 , SUBTENDED BY A CHORD OF 106.51 FEET AT A BEARING OF 5.58'19'19W.,. FORA DISTANCE OF 108.17 FEET TO 'A POINT OF COMPOUND CURVE CONCAVE EASTERLY; THENCE RUN::SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF B0.00 FEET, THROUGH A CENTRAL ANGLE OF 58'2612°, SUBTENDED BY A CHORD OF 78.08 FEET AT A BEARING OF S.09'41'35"W., FOR A DISTANCE.OF `8'1.57 FEET TO A POINT OF H:\e200\S•5urvwAProlccU byNama of [ oodoiAFJDDLERS )2002636\[EGAk5�2002A30 Cnu2 ADDmONA= -4--4C HOLE 1VIONTES n+or�a .eivaia�s • wavemp 950 Encare Way-, Ni 239254.2099 COMPOUND CURVE CONCAVE NORTHEASTHRLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE. LEFT, HAVING A RADIUS OF 88.78:FEEL THROUGH A CENTRAi. ANGLE OF 93'58'05 ", SUBTENDED BYACHORD OF 66.49 FEETATA BEARING OF'5.41'30'33"E, FOR A DISTANCE OF. 68:15 FEETTO:A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY; WHOSE. RADIUS POINT BEARS S.27'3945 .N., THEREFROM :THENGE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO: THERIGHT; HAVING A RADIUS OF 170.96 FEET, THROUGH A CENTRAL ANGLE OF27°34'50", SUBTENDED BY A CHORD OF 81_50 FEETATA BEARING OF S;48'32'5D "E., FOR A DISTANCE OF 8229 FEET TO THE END OF SAID CURVE; THENCE RUN N 45'16'60'E., FOR A DISTANCE OF 431.07 FEET; THENCE RUN N40°5955 "E„ FOR A DISTANCE .OF 213.60 FEETTOA POINTON A CIRCULAR CURVE, ,CONCAVE EASTERLY; WHOSE RADIUS POINT BEARS N.38 "54SVE.. THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE:TO THE RIGHT HAVING A RADIUS OF 47.36 FEET, THROUGH A CENTRAL ANGLE OF 99 °18 -24 SUBTENDED BY A CHORD .Of 72:19 FEET AT A BEARING OF NAV25'37'W., FOR A'DISTANCE OF 82.08 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY; ALONG THE ARC OF SAID CURVE TO THE:LEFT, HAVING A RADIUS OF 130.03 FEET, THROUGH.A CENTRAL ANGLE _. -... - -- L1F25' 203x;",.- SUBTENAED:.B-Y-A..CHORD:OF -57.05 FEET- AT -AT OF- N-.35'33'00 " -E FOR --A - -- .. .............. DISTANCE:OF57.51 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY,.ALONG THE ARC OF SAID'CURVE TO THE RIGHT; HAVING A RADIUS OF 165.18 FEET, THROUGH ACENTRAL ANGLE OF 46°0512 ", SUBTENDED BY A CHORD OF 129.30 FEET AT A'BEARING OF NA5 °55201E , FOR A DISTANCE OF 132.65 FEET TO A POINT OF REVERSE CURVE, GONCAVE NORTHWESTERLY, THENCE RUN NQRTHEASTERLY,.ALONG THEARC OF SAID CURVE TO THE LEFT, HAVING A:RADIU3 OF 71;66 FEET, THROUGH A. CENTRALANGLE OF 71'17'11 ", SUBTENDEo BY A CHORD OF 8.3:50 FEETATA BEARING OF N.33'1$21 "E„ FOR A DISTANCE OF 89.14 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; WHOSE RADIUS POINT BEARS: N.87'44'02"E., THEREFROM; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT,: HAVING A RADIUS OF 86.55 FEET, THROUGH A CENTRAL ANGLE OF 171 °48'26 "; SUBTENDED BY A CHORD OF 172.66 FEET AT A BEARING OF N.83 °38'15 "E., FOR A DISTANCE OF 259.54 FEETTO A POINT OF COMPOUND CURVE CONCAVE EASTERLY; WHOSE RADIUS POINT BEARS N.84 °3921 "E.; THEREFROM; THENCE RUN NORTHERLY; ALONG THE ARC OF SAID CURVE TO THE RIGHT. HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 44 °51'40", SUBTENDED BY.A CHORD OF 152:63 FEET AT A BEARING OF N.17 '05'11'E., FORA DISTANCE OF 1 0.6o60.FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 195.23 FEET, THROUGH ACENTRAL ANGLE OF 34,24'31' SUBTENDED BY A CHORD OF M.49 FEETAT.A BEARING OF N 22 °18'46 "E:,.FOR A DISTANCE OF 11725' FEET TO A'POINT OF COMPOUND CURVE CONCAVE WESTERLY; WHOSE RADIUS PQINT BEARS N.32 °53'05"W., THEREFROM,' THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 150;00 F£ET THROUGH A CENTRAL ANGLE OF 63'46'36 ", SUBTENDED BY A CHORD OF 200.30 FEETAT A BEARING OF N.15'13'3T'E.; FORA DISTANCE OF 21:9.33 FEET TO THE END OF SAID CURVE; THENCE RUN FOR A DISTANCE OF 21.55 FEET TOA POINT ON.ACIRCULAR CURVE, CONCAVE NORTHWESTERLY; WHOSE RADIUS POINT BEARS, NA7-06'33"V11 , THEREFROM; THENCE RUN NORTHEASTERLY; ALONG THE ARC OF SAID CURVE TO'THE LEFT HAVING A RADIUS OF 201.23 FEET, THROUGH A CENTRAL ANGLE OF42 641'03`, SUBTENDED A CHORD OF 146.47 FEET AT H:1820615.5uweAFrnlecu by Name of tocaaoTiNWDLEPSXM2036 LEGAU\moZO�e Coot ADemoro:aoa 4c WIWI HOLE MONTES eiee�s • nvanis • t�Niv�rrns 950 Encore Way • Naples, Flarlda 34110 Phone 239254.2000 • Fax: 239:254:2099 A BEARING OF N.31'335TE., FORA OISTANCEOF 149.91'FEETTOA POINTOF REVERSE CURVE, :CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 227.25 FEET, THROUGH A CENTRAL ANGLE, OF 44 °46'54 ", SUBTENDED' BY A.CHORD OF 173:26 FEETAT A BEARING OF N.32"37'S1 "E FOR DISTANCE OF 177.74 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY, WHOSERADIUS:POINT BEARS N.34 °22'57W., THEREFRO.K THENCE RU NORTHEASTERLY, ALONG THE ARC OF SAFD CURVE TO THE LI=FT, HAVING A RADIUS OF 62.84:FEE1% :THROUGH A CENTRAL ANGLE OF '28`46'26", SUBTENDED BY A CHORD OF 26.03'FEET AT A BEARING OF N.42'43'50 "E, FOR A DISTANCE OF 28:27 FEETTO THE "END OF SAID CURVE; THENCE RUN N,34 °59'08" E., FORA DISTANCE OF 37.84 FEET; THENCE RUN N,35 °39'17 "..E., FORA DISTANCE OF 55.52 FEETTOA.POINT ONA:CIRCULAR CURVE, CONCAVE WESTERLY; WHOSE RADIUS POINT BEARS :S;44 °0624"W., THEREFROM; THENCE RUN SOUTHERLY; ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 350.,0Q FEET, THROUGH A.CENTRAL ANGLE OF 66 °22'03 "., SUBTENDED BY A CHORD OF 383.13 FEET ATA BEA RING:OF 5:12'43'357E., FOR A DISTANCE 'OF 405,42 FEETTO A POINT OF REVERSECURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE. ARC OF SAID CURVE TO THE LEFT; HAVING A - RADIUS -0F1'50- WFEET, 'RROUGH7k-CENTR61 -A 1GL;E'CF-T10"2TW, A C SUBTENDE613Y'HORII OF246,44 FEET AT BEARING OF S.34 °4626E., FOR A DISTANCE OF 289.19 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'59'37 "E., FOR A:DISTANCE OF 58.44 FEET TO THE BEGINNING OF ATANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN NORTHEASTERLY, ALONG-THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 20:00 FEET, THROUGH:A CENTRAL ANGLE OF 62 °30'17",; SUBTENDED BY A CHORD OF 17.69 FEET AT A BEARING OF N:63 °4428 "E;, FOR A DISTANCE OF 1833 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONGTHE ARC OF SAID CURVE 7O THE RIGHT, HAVING A RADIUS OF 95.00 FEET; THROUGH A CENTRAL ANGLE OF 15 °0734 ", SUBTENDED BY A CHORD OF 24,82.FEET AT A BEARING OF N.44'59'37"E., FOR A DISTANCE OF 24:89 FEET TO A POINT OFREVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH:A CENTRAL ANGLE OF 52 °30'17", SUBTENDED:BY A CHORD OF 17.69 FEET AT A BEARING OF N.26614'45"E, FOR A DISTANCE OF 18.33 FEET TO THE END OF SAID CURVE; THENMRUN N:89 °591T'E., FOR A DISTANCE OF 100.00 FEET TOA POINT ONA CIRCULAR - 'CURVE; CONCAVE NORTHEASTERLY; WHOSE RADIUS POINT BEARS N.89 °59'37.E., THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG:THE ARC OF SAID CURVE TO THE LEFT, HAVING ARADIUS OF 20.D0 FEET; THROUGH .A CENTRAL ANGLE OF52°30'17 ', SUBTENDED BY A CHORD OF 17:69 FEET AT A BEARING OF S ;28°15'32 "E., FOR A DISTANCE.OF 18:33 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HHAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL ANGLE OF 15'00'34 ", SUBTENDED BY A CHORD OF 24.82 FEET AT A BEARING OF S.45.0073 "E., FORA DISTANCE OF 24.89 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY;THENCE RUN SOUTHEASTERLY, ALONG THEARC OF SAID CURVE TC THE LEFT, HAVING RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 52.30'11 "; SUSTENDED BY A. CHORD OF 17.69 FEETAT A BEARING OF 5:83 °45'11 "E. FORA DISTANCE OF 18.33 FEET TOTHE:END OF SAID CURVE; THENCE RUN 8.04°04:23 "E., FORA DISTANCE OF 130.00 FEET ; THENCE RUN N89 °59'37 "E,; FOR A DISTANCE OF 113.79 FEET ; :THENCE RUN S.00 °00'23'E, FOR A DISTANCE OF 150.36 FEET TO THEB;EGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID n: �3zoo�s- svrveyirro}ecrsbvName :of tocauonj FVCILERS,\ 20020�1tEGNS%=2M6CnozaaomoN.dou IRM HOLE MONIES: ecnem . wuis : 6uayEra 95D Encaa Way • Na", Florida 34110 ° Phone 239.254.20DD • Faic 239:254,2099 CURVE TO THE RIGHT, HAVING A RADIUS OF.320.00 FEET, THROUGH A CENTRAL ANGLE OF 29 °39'137, SUBTENDED BY A CHORD OF 163.77 FEETATA BEARING OF S,14'49'1.3"W., FOR A. DISTANCE OF 165.62 FEETTO:A POINT OF COMPOUND CURVE CONCAVE NO THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE; 7O THE RIGHT, HAVING A RADIUS OF 1190.DO FEET, THROUGH A CENTRAL ANGLE OF 18:36'36 ",SUBTENDED BYA CHORD OF 384.82 FEET AT A $FARING OF S.36°57'OB"W:, FORA DISTANCE OF 386.52FEET'T0 A POINT OF COMPOUND CURVE CONCAVE SOUTHWESTERLY; WHOSE.RADIUS POINT BEARS' S:15 -24'112W.,: THEREFROM; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.0 FEET, THROUGH A CENTRAL ANGLE OF 59 °39 39 ", SUBTENDED BYA'CHORD OF 44.77 FEET ATA BEARING OF S.44 °45'59 "E., FORA DISTANCE OF 46:86 FEET TOA- POINTOF REVERSE 'CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG:THE ARC OF SAID CURVE TO THE LEFT, 'HAVING A RADIUS OF 62,55 FEET, THROUGH A'CENTRAL ANGLE OF 1 B °38'25 "; SUBTENDED BY A CHORD OF20.27 FEET AT A:B> ARING OF 5.24°! 523 "E, FOR A DISTANCE OF 20;36 FEET'TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE: ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET; THROUGH A CENTRAL ANGLE OF 61 °46'37 ", SUBTENDED BY A CHORD OF 46.20 FEET:AT A BEARING OF S.02. °41 "17 "E:, FOR A DISTANCE OF n. ++.vr arvv vvnvG rnCl lliCYSufv b.zb-1Z'UZ' "VV., 1-UK A V15TANCE OF 70.48 FEET TO THE BEGINNING.QF A TANGENTIAL CIRCULAR CURVE; CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE:ARC OF SAID CURVETOTHE LEFT, HAVING A RADIUS OF 300.00 FEET, THROUGH A.CENTRAL ANGLE OF 26'33'16" SUBTENDED 9Y A CHORD OF 137.30 FEET ATA BEARING OF:S.14'5524"W.,'FOR A DISTANCE OF 139.04 FEET TO. A POINT OF REVERSE QURVF, CONCAVE 1NORTHWEoSTERLY THENCE RUN SOUTHWESTERLY, ALONG -THE ARC OF SAID CURVE TO THERIGHT, HAVING A RADIUS OF 3DO.00 FEET, THROUGH A CENTRAL. ANGLE OF 74 °19'47`; SUBTENDED BYA CHORD OF 362:47 FEEfAT:A BEARING OF S.38 °48'40 "W_, FOR A DISTANCE OF 389.19 FEET TOA POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 300.00 FEET, THROUGH A CENTRAL ANGLE OF 85 °58'55 ", SUBTENDED .BYA CHORD OF 4.09.13 FEET AT A BEARING OF S.32`5906W., FOR A DISTANCE OF 450.20 FEETTO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN SOUTHWESTERLY, ALONG,THE ARC OF SAID CURVE TO THE RIGHT, HAVIN G A RADIUS OF 45.00.FEET, THROUGH A CENTRAL ANGLE OF 111'49'56", SUBTENDED BY A CHORD OF 74.54 FEETAT A BEARING OF SA5'54'3TW., FOR A DISTANCE OF 87.83 FEET TO THE END OF SAID CURVE; THENCE RUN N.78.1925"W:, FOR A DISTANCE OF 194.68 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 116 °41 *28', SUBTENDED BYA CHORD 9F 76:6'1 FEET ATA BEARING OF N:19 °49'41 "W., FOR, A DISTANCE OF 91.6.5 FEET TO THE END OF SAID CURVE; THENCE RUN N.38 °31'03 "E„ FOR A.DITANCE OF 111:08 FEET; THENCE RUN N.51'28'57"W:r FOR A DISTANCE OF 105,27 FEET TOA POINT ON.A.CIRCULAR CURVE, CONCAVE. NORTHERLY; WHOSE RADIUS POINT BEARS N.40'16114. W., THEREFROM; THENCE RUN WESTERLY; ALONG THEARC OF SAID CURVE TO THE RIGHT; HAVING A RADIUS OF 365.00 FEET, THROUGH A CENTRAL ANGLE OF 75 °STOT ; SUBTENDED BYA CHORD.OF 449, 19 FEETAT A BEARING OF S.78'42'20 "W_FORA DISTANCE OF 483A5 FEET TO A POINT OF COMPOUND CURVE CONCAVE - WESTERLY; WHOSE RADIUS POINT BEARS S:53'0B'27 "W., THEREFROM; THENCE RUN SOUTHERLY, ALONG -THE ARC OF SAID CURVETO THE RIGHT;, HAVING A RADIUS OF 45.00 FEET, THROUGH .A CENTRAL ANGLE OF 1t;�axoo�s- Survey\Prolecq by Name of Lacac�on�Fwo ,LE0.5�looxoab}rtr°aaL4tizopza3g eopzannir�or+.doa MKM HOLE MONIES BgraFFtel • ruwa�, • 7uNErJ�G 950 Enoore Way - Naples, F"a 34110 - Phone239.254,20D0 • Fax: 239.254.2099 107'401'1341", SUBTENDED BY A CHORD OF 72.66 FEETAT A BEARING OF.S.16 °58'44 'W., FOR A DISTACE OF 84.57 FEET TO.A POINT OF REVERSE CURVE, CONCAVE 50UTHEASTERLY^WHOSE RADIUS - POINT. BEARS S.18 *6V12"E, TI EREFROM THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING ARADIUS OF 260.OD FEET, THROUGH A CENTRAL ANGLE OF 74'43'05^, SUBTENDED BY A CHORD OF 315.54 FEETAT A BEARING OF S:33 °46'55"W.,:FOR A DTSTANCE•OF.339,0S FEET TO THE END OF SAID C.URVEjHENCE RUN SX.34:37 "E., FOR.A.DISTANCE OF 87.88' FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY; ALONG THEARC OF SAID CURVE TO THE RIGHT, HAVING Ii.RADIUSOF 225.09 FEET, THROUGH A CENTRAL ANGLE OF 94 °37'47'; SUBTENDED BY A CHORD OF 330.79 FEET ATA.BEARING OF S.43744'16",,.FOR A.D.ISTANCE OF 371.69 FEETTO THE END OF SAID CURVE; THENCE RO N.88 °56'50 Vff., FORA DISTANCE OF 322.37 FEET TO THE BEGINNING: OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLYI THENCE RUN. WESTERLY'; ALONG THE ARC OF SAID CURVE.70 THE RIGHT, HAVING A RADIUS OF 285.00 FEET, THROUGH A CENTRAL ANGLE OF 18 °351-0'; SUBTENDED BY A CHORD OF 92-05 FEET AT A BEARING OF N.79'39'15"W:, FOR A DISTANCE'OF 92.45 FEET TO THE END OF SAID CURVE; THENCE. RUN N.6 "S'39" 4N.. FOR A blSTANCEOF 499.58 FEET, TO THE POINT OF BEGINNING; CONTAINING 69.30 ACRES MORE OR LESS. SUBJECT TO EASEMENTS.AND RESTRICTIONS. OF RECORD. BEARINGS ARE BASED ON THE WEST SANE OF SAID SECTION 18 AS BEING N.00°18'55 "E. HOLE. MONIES, .INC. CERTIFICATf.O.F.,AUT}iQRi7ATION LB #1772 BY 6278 JOH `J; iLTC ' • . STATE OF FLORIDA tf:`blao�s.siweySarokess by Name of vicar onl?fDDLExsl2Mio36\ ECAu \2DDI.a3e Coot ADOMON.dod =W fN O01te m Iw-,,� ;o CA Lon EZ: al I, n ' .lz Po 'U o 00 nm , 00 b zz a of n 0 H z? Z � mn Raj m it. f? T 0 a ca 0 z -i 0 z �C m97.d00FnOq'7- 7- 11.l.q: TElr lsmll'US 11: 7644- 7:'V— P.II.R EAST LINE SECTION 13, +TWP 51_S, RANGE 26E ` WEST UNE SECTION 18, ?WP 51S, RANGE 27E BASIS OF BEARING N 0018'56" E Q G M a , ►7 Q pb 9 RR W —AcFC 1 /ttli EVIDENCE OF WRITTEN CONSENT OF OWNER'S CONSENT TO ESTABLISHMENT OF FIDDLERS CREEK 92 COMMUNITY DEVELOPMENT DISTRICT FCC MARSH, LLC, C'Owner' ), by and. through, its authorized representative Aubrey J. Ferrao, as President and Chief ;Executive Officer and not individually, hereby certifies that it is the owner of certain property located in unincorporated Collier County; Florida, more Particularly described on Schedule: A hereto (the "Property "). By signing below, the Owner hereby gives its full consent to the inclusion of the Property within the boundaries of the FIDDLER'S CREEK. #2 COMMUNITY DEVELOPMENT DISTRICT in Collier County, in accordance with Section 190.005, Florida Statutes. IN WITNESS WHEREOF; the undersigned has Hereunto set his band this'day of April, 2014. FCC MARSH, LLC, a FloridaXi kited liahil }�ub y J. Fe ao As President and Chief Executive Officer and not individually STATE OF FLORIDA ) COUNTY OF COLLIER } The foregoing instruffient,was acknowledge before me this a"� day of April, 20 4, by Aubrey J. Ferran, as: President and Chief Executive Officer ::of FCC Marsh, LLC, who is personally known to me ]:or produced as identification: Notary Public Signature; Printed NameE ,,,p) :, a. CYNc a r.\ Noto y Stamm jA myC0NMWWftE16= EXPMS. June 14,2M amidedThar WWWEuedeaN m' C HOLE MONTES 950 Encore Way • Naples,. Florida 34110 - Phone'239.254,2000 • Fax:. 239.254..2099 SCHEDULE "A" LEGAL DESCRIPTION: A PORTION OF LAND' SITUATED IN SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST, AND SECTIOtt 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST,; COLLIER COUNTY FLORIDA, BEING MORE. PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18; THENCE RUN N.00'1 8'56"E., FOR A DISTANCE OF 558.71 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N:8$ 956'39 "W.,, FOR A DISTANCE OF 16415 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 80.00 FEET, . THROUGH A CENTRAL ANGLE OF 34°37'19 ", SUBTENDED BY A CHORD OF 47.61 FEET AT Ai BEARING OF S.73 °44'42W., FORA DISTANCE`OF 48.34 = FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY WHOSE RADIUS POINT BEARS S.66 050'38 "E, THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1:41.52 FEET, THROUGH A CENTRAL ANGLE OF 29 °56'24 ", SUBTENDED BY A CHORD OF 73.11 FEET AT A BEARING OF N.38 °07'34"E., FOR DISTANCE OF 73.95 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 51.18 FEET, THROUGH A CENTRAL ANGLE OF 22 953'59 ", SUBTENDED 8YA CHORD OF 20;32 FEETATA BEARING OF N.41 °38'47 "E, FORA DISTANCE OF 20.46 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS ° OF 196.66 FEET, THROUGH.A CENTRAL ANGLE OF 37 05619 ", SUBTENDED BY A CHORD OF 127.81 FEET AT.A BEARING OF N;49 °09'27 "E., FOR A DISTANCE OF 130.17 FEETTO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THEARC•OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 200:81 FEET, THROUGH A CENTRAL ANGLE OF 56 °1 6'10", SUBTENDED BY A CHORD OF 189.38 FEET AT A BEARING OF N.39°59'D1''E., FORA DISTANCE'OF 197.21 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 17.4.24 FEET, THROUGH A'CENTRAL ANGLE OF 101°10, 28 ", SUBTENDED BY A CHORD OF 269.23 FEET AT A BEARING OF N.62026'1 us, FORA DIS'T'ANCE 07.307:68 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 73:.50 FEET, THROUGH A CENTRAL ANGLE OF 80 °0423 , SUBTENDED BY A CHORD OF 94.56 FEET AT A BEARING OF N.72 °59'12 "E., FOR A DISTANCE OF 102.72 FEET TO A.POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 324.51 FEET, THROUGH A CENTRALANGLE OF 10 "42'15 "; SUBTENDED BY A CHORD OF 60.54 FEET AT A BEARING OF N,30 "1 8110 "E., FOR A. DISTANCE OF 60.63 FEET TO A'POINT OF COMPOUND CURVE CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 625.8E FEET, THROUGH ACENTRAL ANGLE OF 05 °48141", SUBTENDED BY A CHORD f1C CO -aG ==r AT A -MCA 1D IK112 nC At A =oO41'2n71C Cf%D An I CTAK1(I r- -nM =-2 Al2 C.CCT -rn A UnIK1T nC -4- g:: �c HOLE MONTE,S F1iGlE$3 • P.V� • $IFllq'CRy- 950 Encore Way • Naples, Florida 34110; Phone 239:2542000 • Fax: 239:2542099 ANGLE OF 53 °31'39'. SUBTENDED BY A CHORD OF 121,88 FEETATA BEARING OF N.22'4211-E.. FOR A DISTANCE OF`126.43 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ,ARC OF:SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 316.89 FEET, THROUGH A GENTRAL.ANGLE OF 63°30'54 SUBTENDED BY A CHORD OF 333.58 FEET ATA BEARING OF M 97 ^e1,AA -= KnP n'mGTAK1r*r nc 35129 FEETTO A POINTOF COMPOUND CURVE .:CONCAVE SOUTHEASTERLY, WHOSE.RADIUS POINT BEARS S:43 °24'49'E„ THEREFROM; THENCE RUN NORTHEASTERLY, ALONGTHEARC OF SAID CURVE TO THE RIGHT; HAVING A RADIUS OF 303.38 FEET,.THROUGH A CENTRAL ANGLE OF 22 °38'59', SUBTENDED BY A CHORD OF 119.115 FEET AT A BEARING QF N.57°54'40 "E., FORA DISTANCE OF 119.93 FEET TO A POINT OF REVERSE: CURVE, CONCAVE NORTHWESTERLY; WHOSE RADIUS POINT SEARS N.20 °1.3'1IT W.; THEREFROM, THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 120.54 .FEET, THROUGH A CENTRAL ANGLE OF 83 °54'S6 ", SUBTENDED BY A CHORD OF 176.19 FEET AT A BEARING OF N,22 149119 "E;, FOR A DISTANCE OF 197.58 FEET TO.A:POINT OF COMPOUND CURVE CONCAVE. SOUTHWESTERLY; WHOSE RADIUS POINT BEARS $,68.2479'Wr, THEREFROM; THENCE RUN NORTHERLY,.ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 38.74 FEET, THROUGH A CENTRAL ANGLE OF 41"1422 ", SUBTENDED BY A CHORD OF 27.29 FEET AT.A. .HEARING OF N.44'12'427W., FOR A DISTANCE OF 2.7.88 FEET TO A POINT OF REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO.THE RIGHT, HAVING A RADIUS OF 95.40 FEET, THROUGH A CENTRAL ANGLE OF 98.43'38", SUBTENDED BY A CHORD OF 144.78 FEET AT A BEARING OF NA5 °28'04'W,, FOR A DISTANCE OF`Y64.3 &FEET TO A:POINT OF REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF'SAID CURVE TO THE LEFT, HAVING A RADIUS. OF 128.37 FEET, THROUGH A CENTRAL ANGLE OF 47°2228", SUBTENDED BY A CHORD OF 103.14 FEET ATA BEARING OF N.10 °121WE., FOR A D186TANCE OF 106.14 FEET TO A POINT OF REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY,:ALONG TH.E.ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 173.46 FEET, THROUGH _ CENTRAL ANGE OF 61 °40'49 ", SUBTENDED BY A CHORD OF 177.65 FEET ATA BEARING OF NA 7 °21'41 "E., FORA DISTANCE OF 186,74 FEET TO 'A POINT OF COMPOUND CURVF:CONCAVE SOUTHERLYf THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TOTHE RIGHT, HAVING.A RADIUS OF 149.49 FEET; THROUGH A.CENTRAL ANGLE OP 44'07'11", SUBTENDED BY A CHORD OF 112,29 FEET AT A BEARING OF N.70 °15'41 "E:, FOR DISTANCE OF 116;11 FEET TOA FOINT OF COMPOUND CURVE CONCAVE .SOUTHWESTERLY;'THF- JCE:RUN SOUTHEASTERLY, ALONG THEARC OF SAID CURVE TO THE RIGHT, HAVING RADIUS OF 175.58 FEET, THROUGH A.CENTRAL ANGLE OF 50 °17'07',.SUBTENDE0 BY A CHORD OF 149.28 FEETATA BEARING OF S.62 °32110"E.; FOR A DISTANCE OF 154.18 FEETTO.APOINT OF COMPOUND CURVE CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO'THERIGHT, HAVING A RADIUS OF 115,82;FEET, THROUGH A CENTRAL ANGLE OF 111'08'02, SUBTENDED BY A CHORD.OF 191.05 .FEET ATA BEARING OF 5,16 °1.025"W., FOR A DISTANCE OF 224.85 FEET TO.A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY THENCE RUM SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING ARADIUS OF 177.90 FEET, THROUGHA:CENTRAL ANGLE OF 34'50'15°, SUBTENDED BY A CHORD OF 406.51 FEET A'f A.BEARING GF S.56619'19w, FOR ADISTANCE OF 106.17 FEETTO;A POINT OF COMPOUND CURVE CONCAVE EASTERLY ;, THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT,. HAVjNG A RADIUS OF:80.0o FEET, THROUGH A.CENTRAL ANGLE OF 58.25'12 SUBTENDED' BYA CHORD OF 78.08 FEET AT A BEARING OF S:09 °41'.35"W., FOR A DISTANCE OF 81.57 FEET TO A POINT OF flA9 200\ S- SWtVCAProltxu by Nami of laotfmi \nootERS\MO203fUdAtS\200203fi COP2 Aimrh N.docs W-- (�C HOLE MO.NTES: eawwens �euatms .Pans 954 Enure Way a Naples, Florida 34110• Phone 239.254.2000 • Fax 239:254.2099 COMPOUND CURVE CONCAVE.NORTHEASTERLY; THENCE.RUN SOUTHEASTERLY, ALONG THE ARC OFSAiD CURVE TO THE LEFT, HAVING A RADIUS OF 88.78 FEET; THROUGH ACENTRAL ANGLE OF 43 °59'05 ",.SUBTENDED BY A CHORD OF 66.49 FEETAT:A BEARING OF S,41 °30'33''-, FOR A DISTANCE OF 6$:15 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY; WHOSE RADIUS POINT BEARS S27 °39'45'W.,. THEREFROM; THENCE RUN — SOUTHEASTERtY�tONG— THEARC-OF -SAIDCURVETO-THE- RIO, F# T,- ffiAVIN,3A- RADIUS"OF - - - -- -- - 170:96 FEET, THROUGH'A CENTRAL ANGLE OF 27 °34'50 ", SUBTENDED BY A CHORD OF 01.50 FEETATA BEARING:OF:S.48°32'S0 "E., FOR A DISTANCE OF 82.28 FEET TO THE:END OF SAID CURVE; THENCE RUN N.45 °16'50" -., FOR A DISTANCE OF 431,07 FEET, THENCE RUN N.49- 69'55 "E ., FOR .:A DISTANCE OF.213.60 FEETTOA POINTON A GIRCULAR CURVE, CONCAVE' EASTERLY; WHOSE RADIUS POINT BEARS N38 154'51'7-, THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC AF SAID. CURVETO THE RIGHT, HAVING A RADIUS -OF 47.36 ,FEET,. THROUGH A CENTRAL ANGLE OF 99'1824", SUBTENDED BY A.CHORD OF 72.19. FEET AT ABEARING OF N.01'2557"W., FOR A DISTANCE OF 8108 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY;. ALONG THE ARC OF SAID CURIVE:TOTHE LEFT, HAVING A RADIUS OF 130.03 FEET, THROUGH A CENTRAL ANGLE OF25'20.'31 ", SUBTENDED BY A CHORD OF 57.05 FEET.ATA BEARING OF N.38°33'00"E, FOR A VISTANCE:OF'57.51 FEETTO APOINT OF REVERSE CURVE, CONCAVE.SOUTHEASTERLY; THENCE, RUN NORTHEASTERLY; ALONG THEARC OF SAID. CURVE TO THE RIGHT, HAVING A RADIUS OF 165:16 FEET, THROUGH A CENTRAL ANGLE OF 46 °05'12', SUBTENDED BY A CHORD OF 12930'FEET AT. A BEARING OF N.45 °5520"E., FOR A DISTANCE OF 132.8$ FEET TO AA POINT OF REVERSE. CURVE. CONCAVE NORTHWESTERLY; THENCE RUN.NORTHEASTERLY, ALONG THE ARC OF SAID CURVETO.THE LEFT, HAVING A RADIUS OF 71.6.5'FEET,THROUGH A CENTRAL ANGLE OF 71'17'11 ", SUBTENDED BY A CHORD OF 83.50 FEEL AT A BEARING OF N 33 °i9'2i "E., FOR A DI.STANCE.OF:89.14 FEET TO A POINT OF REVERSE CURVE, .CONCAVE SOUTHERLY; WHOSE RADIUS POINT BEARS N.87 °44'02"-, THEREFROM; THENCE RUN EASTERLY; ALONG THE ARC OF SAID CURVE TO'THE RIGHT, HAVING A RADIUS OF 86,55 FEET, THROUGH A CENTRAL ANGLE OF 171 148251, SUBTENDED BY A CHORD OF 172.66 FEET AT A BEARING OF N.83'38'15"E., FOR A DISTANCE OF 259.54 FEET TO A POINT OF: COMPOUND CURVE CONCAVE EASTERLY; WHOSE RADIUS, POINT BEARS N.80..39.21 "E., THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OR SAID CURVE TO THE RIGHT. HAVING A RADIUS OF 200.00TEET, THROUGH,A CENTRAL ANGLE OF 44'51'40"; SUBTENDED BY A CHORD OF 15263 FEET ATA.BEARING OF N.17'051 1 "E., FOR A DISTANCE OF 156.60 FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY; THE19CE'RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS. 195.23 FEET- THROUGH A CENTRAL ANGLE OF 34'24'311, SUBTENDED BY A CHORD.OF 115.49: FEET AT A. BEARING OF N.22 °18'48 ".E.,.FOR A DISTANCEOF 117.25 FEETTO A POINT OF COMPOUND CURVE CONCAVE , WESTERLY; WHOSE RADIUS POINT BEARS N.32°53D5"V11., THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A'RAOIUS OF 15040 FEET. THROUGH ACENTRAL ANGLE OF 83'46'35'., SU.BTENDED BY A CHORD OF 200.30.FEET AT A BEARING OF N.15'13'37 "E., FOR A DISTANCE OF 219.33 FEET TQ THE END OF SAID CURVE; ,THENCE RUN N.55°58'3T'E., FOR A DISTANCE OF 21.55 FEET TOA POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY; WHOSE RADIUS POINT BEARS N.37 '05'33 "W., THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE.ARC OF SAID CURVE'TO THE LEFT, HAVING:A RADIUS OF 201.23 FEET, THROUGH A CENTRAL ANGLE OF 42 °41'03'; SUBTENDED BY A CHORD OF 146.47 FEET AT it \;=\S- SurnyNkmt lsbyNameorlocaelonNFIoDLERS�tpo2o3ALEGAl517ooz A36CMznnnmoN.doa: �0- HOLE MONTE5 mien ri�a� •;wrnr rts. 950 Encore Way, Naples; Fkxida 34110 • Phone 239254.2000 • For 239:254.2999 A BEARING OF N .31'33'56 "E., .FO R A.DISTANCE OF 149:91 FEET TO.APOINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY;'THIME RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT;:HAVING.A RADIUS OF 227:26 FEET, THROUGH A CENTRAL ANGLE OF'44'48'54 ", SUBTENDED BY CHORD OF 1 173.26 FMATA BEARING OF N.32 93751 "E., FOR A DISTANCE OF 177.75 FEETTO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS,OF 62 84 FEET, THROUGH A CENTRAL ANGLE OF 26°4026 ", SUBTENDED BYA CHORD OF:28.03 FEET AT ABEARING OF N;A2'43.'50 "E., FOR A DISTANCE OF28.27 FEET. TO THE END OF.SAID CURVE: THENCE RUN N:34'59'08"E„ FQR A.DISTANCE OF.37X4 FEET; THENCE RUN N:35 °3917`E., FOR A- DISTANCE OF 55.52 FEET TOA POINT ON A:CIRCULAR CURVE, CONCAVE WESTERLY; WHOSE RADIUS POINT BEARS SA4'W.24."W., THEREFROM ;THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 350.00 FEET; THROUGH A CENTRAL ANGLE OF 66W03", SUBTENDED BY. A: CHORD OF 383.13 FEETAT A HEARING OF S,12 °43'35 "E., FOR A DISTANCE OF 405A2 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG, THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS CIF 150.0Q FEET, THROUGH A CENTRAL ANGLE OF 110'27'50 ", SUSTENDED:BY A CHORD OF 246.44 FEET AT A BEARING OF S.34.46'28 "E.; FORA DISTANCE OF 289.19. FEET TO THE END OF SAID CURVE; THENCE:RUN N.89'59137 "E,,. FORA DISTANCE OF 58.44 FEET TO THE BEGINNING OF A TANGEN11AL:CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN NORTHEASTERLY; ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 20.01) FEET, THROUGH A'CENTRAL ANGLE OF 52°30'17 ", SUBTENDED BY CHORD OF 17.69 FEETAT A.HEARING OF N.63'44'28 "E, FORA DISTANCE OF 16.33 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE .RUN NORTHEASTERLY.ALONG THE ARC. SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 95.00 FEET, THROUGRA CENTRAL ANGLE OF 15 400'30; SUHTENDED.BYA CHORD OF 24.82 FEETATA BEARING OF N.44 °59'37 "E.; FORA DISTANCE OF 24:89 FEET TO A POINT OF REVERSE CURVE. CONCAVE NORTHWESTERLY; THENCE RU N. NORTHEASTERLY,. ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGHA CENTRAL ANGLE OP.52 30'17', SUBTENDED BY A CHORD OF 17.69 FEET AT A BEARING OF N26 °1445 "E., FORA DISTANCE OF 18.33 FEET TO.THE END OF SAID CURV --THENCE RUN'N.89°59'37"E., FOR A DISTANCE OF 100.00 FEET TOAPOINT ON A CIRCULAR CURVE,. CONCAVE NORTHEASTERLY- WHOSE RADIUS POINT HEARS N._89"59'37 "E , THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A.RADIUS OF 2000 FEET, THROUGH: A CENTRAL ANGLE OF 52°30'17 ", SUBTENDED BY-A CHORD OF 17.69 FEET AT A BEARING OF S.26'15'32 'E, FOR A DISTANCE OF 18.33 FEET TO A POINT OF REVERSE CURVE; CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL ANGLE OF 15'0Q'34 ',. SUBTENDEDk BY A. CHORD OF 24.82 FEET ATA BEARING OF ;S.45'D023''E.,,FOR A DISTANCE OF:24:89 FEET TO A POINT OF REVERSE CURVE,.CONCAVE NORTHEASTERLY'. THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF.20.00.FEET, THROUGHA CENTRAL ANGLE OF 52930'11", SUBTENDED BYA CHORD OF 17:69 FEET AT,A. BEARING OF S.B3°45'11 "E„ FOR A DISTANCE OF 18.33 FEET TO THE END OF SAID CURVE; THENCE RUN S,00 °0073 "E., FOR A DISTANCE OF 130.0 FEET; THENCE RUN N.89'59'37'E.,..FOR A DISTANCE OF 113.79.FEET; THENCE RUN S.00M 23 "E., FOR. A DISTANCE OF 150.36 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY;.'i'HENCE RUN SOUTHERLY, ALONG THEARC OF SAID wj 8200\& UrveyV, rajecuby fume orwcauonVH) viiftA2mzm6%LMLS=2.03scnozADMOT = HOLE ivIONTES F.47lmm -R,wom �EURi+EY0ti5 950 Encore Way- Naples, Florida 341.10 • Phone 239.254.2000 • Fox:239354.2099 CURVE TO THE RIGHT,.HAVING A RADIUS OF 320.00 FEET; THROUGH A CENTRAL ANGLE OF 29°39'13 °; SUBTENDED BY A CHORD OF 163.77'FEET AT A BEARING OF S.1.4 °49'13 'IN., FOR A DISTANCE OF 165.62 FEET TO A POINT OF COMPOUND CURVE CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG.THE ARC OF SAID CURVE TOTHE RIGHT, HAVING A RADIUS OF 1190.00 FEET, THROUGH:A CENTRAL ANGLE OF 19.36'36'; SUBTENDEDBYA CHOI ur 40I.Pd rmtr A:1. AULA141NG Vh:5;38.5TG9"W., FOR - A:DISTANCEOF 386.62 FEETTO A POINT OF COMPOUND CURVE CONCAVE SOUTHWESTERLY.; WHOSE RADIUS.POINT BEARS S.15 °24'12'W.' THEREFROM; THENCE 'RUN SOUTHEASTERLY, ALONG.THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 59 °39'38", SUSTENDED BY A CHORD.`0F 44.77 FEET AT A BEARING OF SA4 °45'59 "E., FOR A DISTANCE OF 46:86 FEET TO A POINTOF REVERSE CURVE; CONCAVE- NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG:THE ARC OF SAID CURVE TO THE LEFT, HAVING 'A RADIUS OF 62.58 FEET. THROUGH A CENTRAL ANGLE OF 18 °38'25 ",.SUSTENDED.BY A CHORD OF 20;27.FEETAT A BEARING OF S,24 °16-23'E; FOR A DISTANCE OF 20.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING.A RADIUS OF`45.00.FEET, THROUGH A CENTRAL ANGLE OF 61646'37 °, SUBTENDED, BY A CHORD OF 46.20 FEETAT A BEARING OF S.02 °41117 "E, FORA DISTANCE OF 48.52 FEET TO THE END:OF SAID CURVE;' THENCE RUN S.28'12'02''W., FOR: A DISTANCE OF 70.46 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE;: CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A.RADIUS OF 300.00 FEET, THROUGH A CENTRAL ANGLE OF 26'33'16 ", SUBTENDED BY A CHORD OF 137.80 FEET AT A$EARING OF S14 °5524"W.; FOR A DISTANCE OF 139:04 -FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY ; THENCE,RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING'A RADIUS OF 300:00 FEET, THROUGH A CENTRAL ANGLE OF 74 °19'47 "; SUBTENDED .BY A CHORD OF 362.41 FEETAT A BEARING OF S.36 °48'40 "W„ FOR A DISTANCE'OF 389.19 FEET TO A POINT OF REVERSE.CURVE;:CONCAVE SOUTHEASTERLY; THENCE RURSOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 300.00 FEET THROUGH A CENTRAL ANGLE OF 85'58'55 °, SUBTENDED BY A CHORD OF 4,09.13 FEETAT. A BEARING; OF 8.32-590m., FOR A DISTANCE OF 450.20 FEETTO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN SOUTHWESTERLY; ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING :A RADIUS OF 45.40 FEET,.THROUGH A CENTRAL ANGLE OF 111'49'56!', SUBTENDED BY A CHORD OF 74.54 FEET ATA BEARING OF S.45 °54'37°W.;.FOR A DISTANCE OF S7.83.FEET TO THE END OF SAID CURVE;.THENCE RUN N.76'10'25"W., FOR A DISTANCE OF 194.60 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR.CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 116 °41`28 ", SUBTENDED BY A CHORD OF 76.61 FEET AT A BEARING OF N,19144'41'W., 'FOR ADISTANCE OF 91,65E 1 TO THE END OF SAID CARVE; THENCE RUN N.38 °31103 "E., FOR A DISTANCE OF 1.11.08 FEET; THENCE RUN N.51'28'571W:, FOR A DISTANCE OF 105.27 FEET TOA POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY; WHOSE RADIUS POINT BEARS NAT16'14 "W„ THEREFROM;. THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE 70 THE RIGHT, HAVING A.RADIUS OF 355:00 FEET, THROUGH A CENTRAL ANGLE OF 75°57'07°, SUBTENDED BY A CHORD OF 449.19 FEETAT A BEARING OF S.78'42'20"W., FORA DISTANCE OF 483.85 FEET TO A POINT OF COMPOUND CURVE CONCAVE WESTERLY; WHOSE RADIUS POINT BEARS S;53'08'27"W... THEREFROM; THENCE RUN SOUTHERLY; ALONG THE ARC OF SAID CURVE 7.0 THE RIGHT, HAVING A RADIUS OF 45.DG FEET, THROUGH A CENTRAL ANGLEOF ,1i: \3m0\r'SurveyNPrnjem by Co132 ADOMONAOCK __ IKM HOLE MONTES. 950 51COM Way- Naples; Florida 3411 D •;PhoDe 239.254.2000 • Fax: 239.254.2499 10 74TW, SUBTENDED BY:ACHORD OF 72:66 FEET AT A BEARING OF S. 16 -5 F44rW., F. OR A DISTANCE OF.8497 FEET TO A' POINT OF REVERSE CURVE, CONCAVE SOU.THEASTERLY;WHOSE RADI.US.POINT BEARS SAII- 51'32 "E., THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THEARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 2&0:00 FEET, THROUGH A CENTRAL ANGLE OF 74°43'05' . SUBTENDED BY A CHORD OF 315,64 FEETATA BEARING OF.S.33'4V55"W., FOR A.DISTANC€ OF 339.06 FEETTOTHE END OF SAID CURVE; THENCE RUN S 03P3437"E., FOR A DISTANCE OF 87.88.FEET TO THE.'BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THEARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 225,00 FEET, THROUGHA CENT.M.ANGLE OF 94-3747',,5U BTENDED BYA CHORD OF 330.79 FEETATA.BEARING OF S.43 °44'1fi%., FORA DISTANCE OF 371.61 FEETTO THEEND OF SAID CURVE; THENCE RUN N,8W56'50"W.; FOR A'OISTANCE'OF 322.37 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR' CURVE, CONCAVE NORTHERLY; THENCE:RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 285.00 FEET, THROUGH A CENTRAL ANGLE OF 18'35'10"; SUBTENDED BY A CHORD OF' 92.05 FEET AT A BEAR[NG.OF N.79 °39'15'W., FOR A DISTANCE OF 92.45 FEET TO THE END OF SAID CURVE; THENCE RUN N.88 "56.39"W., FOR A DISTANCE OF 499,58 FEET, TO THE POINT OF BEGINNING_ CONTAINING 69.30 ACRES MORE .OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, BEARINGS ARE BASED ON.THE WEST: LINE OF SAID SECTION 1 B AS BEING N.00 °456 "E. HOLE. MONTES, INC. CERTIFICATE.OF..:AUTHORIZATION LB #1772 JOH J ` II.TC STATE OF FLORIDA H: \8200\iSuRTAProje&U by home of Laeaiion\ fiDDLERS\2CO2036\LEGAiS120OL035 CDOZADDMON.dea L— 'w om !f7 y II p S a oa q = N -Zt_ Z —W a Q 'ul MZ H z- 5� r 0 z ti {TI S o 1 n 0 n 2 m f � IE r v m E rn O LL�C lue: knurl Wv n, 2014 - t J. owd- tho EAST LINE SECTION 13, TW,P 51S, RANGE 26E WEST UNE SECTION 18, TWP 51S, RANGE 2TE BASIS OF BEARING N 00'18'56" E tr �. 1 n. � o 4 M v 0 °m Iamb z I "zg IN_ m l D.0 3� T !1 Ln n om !f7 y II p S a oa q = N -Zt_ Z —W a Q 'ul MZ H z- 5� r 0 z ti {TI S o 1 n 0 n 2 m f � IE r v m E rn O LL�C lue: knurl Wv n, 2014 - t J. owd- tho EAST LINE SECTION 13, TW,P 51S, RANGE 26E WEST UNE SECTION 18, TWP 51S, RANGE 2TE BASIS OF BEARING N 00'18'56" E tr �. 1 n. � o 4 M v 0 uEE� � E Nil I logg �,a�SRaFEP�o #Ea�'.SEi I a Exhibit "H -1" Deeds of Record RECGRD01ON REQUESTED BY: SeulkTfw a" NadwAd Aasttaleflon ==024s Snaps 110111 MAIL TO: fikleMrra6ial. FL 33702 175f W. IrL ETCIIKR AVL TAMPA, irl. 33612 ers•u>,n•�ns SE14D TAX NOTICEIi TO: AAIIViTMI ON NOM ViMRTIIA catiwm Biis SS STuff N.tlt#Vi . M" 34T 113 4c- 2611844 OR: 2656 ?G: 0011 UCOUID In 0111CfLL UCOM of t01111k t01a1T7, it 03121/2004 at 67:51JA 41I0ET I. im, cull fail) 15141.04 OKI 15001.11 etc M 17.51 BOC•.15 1!2.51 (17•.00! 71.40 late: Ism I= IIRTICIS 11111 11,11=1 al 71011 it 33112 Nantes SUSAN WYANT, LOAN PROC1/S(M LOANe109401e114 Comm". 11"TRW Bank, Na6mal AssonMtebn Address: P O Visa 33043. St Petsrsburg. FL 33733 MAXIMUM UEN. The total awe nt o in a s I' Mltit o may decrease or Increase Prom *no to tinter, but the maximum o (► drive e y be ctuddanding Nf any one tits shell not rituand. 335,000.00, p It and aanounto a de a oW by Lendar for the payment of tal=es, !wise at- keswanae on the , and Intwsst dNt THIS MORTGAGE dated March 16, meads and exscuts � AGUSTIN CISNEROS and BERTHA g8N610t; HUSSAND AND WIFE {r 4 3T� es 'Oran t3wthTrust Bunk. Plathmel Aasooistlon. daises. MMMfa is Consumer Landers O x q0 c 3ults 406, St Petsnburp. Fl 39702 ptt4ennd YA Itelow as 'Lander "I. = C 411AW OF 11011T0441. For voles" aonatlerolkm, Ontlter nu+rW+Bos to Lends aq of OnntW'F right, dtlr, and Miami In std 17 the falwaft desarlMd real property, ttrgathsr with all exleddg or subaoawntN erected or stfWed badklings. Improvsmanta and fixturec: all osearresnta, rf/h1: of way, and apptrrtenartoss: all water; water rights, watarcorvans and dltoh rights Cnntudkne stook In utilities wW ditch or kr*edon rlghrali and all other rl hat rotsites, s,td profits Vol atk;u to the real oroparty. including without tbnitatien alt rokwah, oll. flea. gaadteirnaf and bfatiur mat"F5. intone 'fAOW PV*Wty'1 ktC In COLLIER County. Stab of Florida: ;110M AGE W ANP 0i, * �TMEPUwCaNECOt RDsDor. COLLIER CODUTHEREOF , A � IN PLAT the MW Prapariy ter its address Is commonly known as 5242 GILCHRIST STREET , NAPLES . FL 34113. The Red Fielpipt>y. nx IdBndRoattou member Is 022UW200, onftew peeeafpltf assigns to Lender sa of Gro w's now title, and ktausst in end to ell pfteent and fuht re Itease of the Property A'td d 11mre htnl the PMPWW: In addtUM Grantor grants to Lvider a Uniform Commercial Cods security interest in the Personal Property and Ret►te.. ' Tm moRm4L 1NCLUD110 TN I AViViIONMENT OP MN i AND THE BFCURITY WREST IN THE 1119M AND POSONAI KOIMRTV. M f3IM TO "Won UU PAYMENT OF THE ewaM..�aTED1Ra/ AND IB) PERFRRMAM OF ANY AND ALL OBLIGATIONS UNM TM NOTE, "a I�ATSO DOfRISIlENTS, AND TH)S MORTOAet1. TWO MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOW WO THIMB: GRANTOR'S WAIVaRe. Gramor walvep alt rights or defarsse arising by rov%on of any "one action' or 'antt•deficlenay law, or cry ether low vrfedt may prevent Lender from bringing any action against Oramor, incWnj a olupm for defldancy to the extant Lenca to otherwise entitled u a cialm for deficiency, belors or ahur Lender's cot.tmmarnont or completion of arw fcrorWaure action, dthar lu"alty at by exweieo of • power of sale. ORAIIITOR'Vi RPMWffATIONS AND WARRANTIES. Grantor warrants that tot this IAongsga Is executed at Borrower's request and not at the fftyiteet of Lender: ib) (IriMor has the fu4 power, right, and authority to enter Into this, Mortgage and to hypotheraht the Property) .lei th r provisions of this Morlif"s do not cOOM with, of result In s defautt Wider any agreement or other IneVtenent binding upon f w*w end do not result in a violation of env Is*. "WatloN COW decree of order eppl1001110 to Grantor; td) Grantor has established adepuasa.meane at ebteetfng from Borrower on a cot »mill rg basis Information about borrower's financial canditiom; and let Lander hee ntada netfpese«wNan to Grantor daout Borrower flncltidbg wbhout l4tdanion the creditworthiness of Borrower). PAVOMW NO Pfa1iORMANCI. Except as, otherwise pmvWW In this Mongags, Borrower *A pay to Larder A Indabtedriess sauarad by fhb 1eee7ell as it bsoemes due. Mid Borrower and Grarsor shall, strictly perform all Bmrowsr's and Grantor's obligations undw this #4orttiMe• POsSIMSt011 Asp MANTUA= OF THE PROPERTY. Bpnower and Grantor spree that l errov+sr's and Grantor's possession and We of ftAope t shat be governed by the following provisions: P. 1, end Use. UnW Orentoev interest in r fond. Orentor may it) remain In possession end Co mid of #0 Property) 12) use, operate o Rents from the Property. Exhibit "H -1" �c OR: 2666 ?c; 0072 '078000OW102e1MIS714 0851 S' MORTGAGE Page 2 i[Candinuadl fJrrly ss hbelrttsbe. Grantor snail mslntain the Property In good condition and promptly perform M repairs, replaoementx, and m*s$0.2 rrwasay to preserve Its value. COWOW ee Whh @MWFOM MMA Laws. Grantor represents snJ warrants to Lonoar that: III During the pernod of Grantror's ownumNp, of Ms Proparty, there has been no tnae, ganareCon. manufacture. storage, treatment, d.Nmal, raloaso or ttvaatensd taboos of any Nasiniere'fiube[anoo by env person on, uAer. about or from thin Property; t'.) Grantor has no knowledge of, at room to boom Oars film No (own. sxwpt me itimmusly disclosed to and soknowledgsd by Lender In wrltln{t, Is) any broach cr vbhtici at env IlErnilloverroontal Lawn, IN any we, generation, riumo otum. $forage, treatment, disposal, raise" or thrasuned reuse" of any fistsed" Subotenos on, undw, about or from ft Property by env prior owners or occupants of the Property, or to) any aatwl or Owemi@W fi ootso or Olelntf of every Rind by env potion relating w such mature; and 191 E Apt as pmvkxmly dleolo*W to end *ahentle&/ed by Launder in writing. ,0 nshtwr Grantor nor any tansm, contreolor, pant x other outhonxd user of this ttepany shell tees; g*nereto, manufacture, More. treat. dispose of or raise" any Hazardous Substance on, tinder, o1i or from the Pirapo►ry; of-'AN now ouch so0vily, AM by conduotbd In compliance with ant appN abW falerst, stets, and it" laws. m9watioM and ors Yileerloear Irrchedrp w~ ilmitstbn ant trrAnxi mental Laws. Grantor outhor4" Lender and .b eganta to enter upon the Props ty W Needlaslkh (naoeoGorrs -ad Neu, bt Grantor's serpanes, as Lender mw doom approprlats_to determine morntlMance of do !hosw'1 r1! srfdl lfi wwn os -lha fAir g aye. —any G»MetTOM��i m�3y & W aFilf Si 7w Liriiiei'i Du+oaiea Yon�sn� abe asdelflMd.as assets any responsibility or ll."ty on the part of Lander to Grantor or to any other person. The rMressntstlehe find wanrwrs WMallned twain am based on Grantor's due difiganoa In imrosttyat&ng the Properly far hazardous $ubstenos ., Grantor Ansel III emotions and waives guy ftRum claims against Lundof for Indemnity or contribution In the avant Grantor bacomse Malls lot CbWAA r or sdnar ovate under any such Iowa; and '2) agree to Indemnify and hold harmless Lander :paint env and as cldms. ieoaaa. habWai, darnoW. pnnalthu, and expense@ which Lonosr may directly or imilntoHy, suetaln or suitor reaelrup from a breach of flee eedlleft s1 d1s AbRgspo or as a oonseguenae of any Goa, n�arnitactun. etatga. deposal. values or thmatenad neksasy ooefit1 - Rfor to O,aM.ir's ownership Qffl�ww\ or riot the cams was or e1roWd have been known N gmsrter. ?he pro vsloru of this sectio to knmandaty, shall WNVNO the payment of the elrtad the aegafemlon and mi(d shah not be eNeaec by Lendai avAmiltion of any bwmaf in efw Probe". whother by �. \ miiwuu Mfeesa. Grantor *W rho; oo at or env nuisance rear nhml}r�parrNt, or suffer any stNpping of or wash on or 1s ** howty tar the ;=W- troll potion of any odw party to right to remove, ray y. KMUI III_ O tine 1Rmgoire. Grantor will not remove, or grant to be , Iuchng ON and peal day, scoria. a1M, graver or rock prod" wttheue LanrMr's prior written oonesnt Removal of brcMWrrMmta. oramur hell t o t Iron the Real Property without Londar's prior wrdbrt oortwnt. M a coodltlan tp f r ve of a I n m re ry rantor to make arrengamanU% satisfactory to Lender to replan auoh M1pfeW t 1 O to f a Oqual (� LoWw'n hid in gnat. Lender and t too a - to ma r Real Property at an mason" times to Ott" tlf Larder'$ Interests end to tt��, a Reel Property for a of tent rplianu o with the term and t�ndttlona of hide JAMsrfpirge. Ct� aAtl4ti�et Wave. Grantor of not a tanhstn "~t of Lard", �{ '� JI� �y u7bs M ileM or in [art'9r env portion of the PropLrty without I* prior comobew. web OawomaranW llePpdw i t �06, all lava, orclkwmas, and regulalioms, now or holl w Pr off"i. of sb gw4wm"onori W=h of tM f�roperty. Oramot rosy contest In pool fsidl tmM stasis sew, ordkhsrnoa, or m ant y proowdng. Including appropriate epperit, no letup as dins tr lets natlged Lender In wrltito dein Lender's sot' opinion, Lander's Interests kn the Procsrty are not ad. Lads may mitulm Grantor to poet edsquma ssourit or a surety bond, naaonai4y aatisfectory N Lender, to protect . " IN 1 freedman, tlWy kr ltiasset. Greater apses neither to ahardwt nor (save unattended the Property. Grantor ahall do as other acts, in addlton to ftft flats eN forth above in 0* IM". which from the character and use of the Property are reasonably necessary to Protect and Mrusenve 11M f4opwty. ON ON SM CONSWi 6Y LOOM, Landon may, at Lender's option. doctors ImmsMatsW due and payable ant sums secured by this Mortslpsiit" die Sale of transfer. wAhold t mni prior written Mnoant, of no or try put of the Raal Prop". or any forms at M 1M Raaf f4mpi W. A 'seta or trawfer' "tuna the corncyenoo of Most Prop" w eras rlght. thle or inuret in tha Mod Property. wirthor 49A berraWo ort0quiltebMr whether voluntary w Imrokrtary; whether by outright sae. deod, bmLAment ode contract. lad contract, contact fat deed, fa*msafafd kowe t with a tom greeter than thus (S1 yaam, lasso- option contract, or by eels, assignment, or transfer of any 60MGatff Yttanut M of is any tend trust he". tits to the RMaf Property, or by tiny other method of conwyanoe of an int +vat in the Roal llopwn>r. potrsw, 114a opd o n 8* not be exacistd by Lender It such exercise is prohlb! by federal low or by Rorkia law. TA11N A1q 0M. The followltq provioless nlstdng to tie taxes ant Marna on the ProPmortY aft part of this Mortgage; PgWAM Crorddr &W pay whom dies land In all overdo pror to csMngwncyi elf texss, payroll taxes. special tare, eeeasmanb, wow dwilss and Sawa service eharW -a levied against or on soeou it of the Property, and nhsll perry when due all claims for work dam on at for WAM tendered or main" ;eritlo d to the rsn'openy. Grantor shrill maintain the Pmr.*nV free ct any Ilene having prloft sea or sgual no On itterpt of Lander under this Mortgage, sxvipt for those Mont speolfleAfly agreed to in wtithtg by Lander, std s►oapt for the tin of tax" and sesaabenb not duo so further apadhsd in the Right to Comest paragraph, W41M tef Cetitsat. Orator may withhold pv m tat of any tea, easeasmed, or oslm In connection with a good faith c ispub over the abligsson is pay, so damp so Lender's Interest In the Property Is not jsoperdlied. it a Men arse or to filed as a result of nonpayment, Gm4W shell whlbin ftheen 11 days after the flon arise or, It a No to tkd. within tlttssn 1161 days after Grants has notice of the ptlfq, lftieYf* tM dsolurgs of the kn. or If matsuted by Lender. doposll with Lender cash or a suMialent oorporeb surety bond or tldtet tlsotattl sstofsotory to Lender In an smount self WWM to discharge the ltan phis any costs and reasonable amrnsys' lode, or a1bM ehsrtpa uwf oohed strop» n a result of s fem"Um or sale under ens W. In any contest, Grantor shelf defend M*tf and Lsalw fat/ Ndill safbhr mry *&,mess ►tdgtnanl befors enlontitnsM against the i0oporty. Grander shell name Lender N an additions: Wider any surety bond furnished In the content proossdings, t imllatw M fasvwom Cromor shall u;on donand fumlah to Leila satisfactory evidence lot payment of the tax" or """matte and F ehA SWOO W the SWOPIOI* StivsrrdnNtAN otllolel to deliver N under at *ray tNM a written ststomant of the taxis and asaesommir i 00*42Ills Property. Nods R Cseslrgrdon. Grantor self notify Lorx*r at IM11 fiftsan 115) oaya bslom nay work is commenced, any ssrvlcvs are fordaW, or any matodsm are supped to the Property, It any mwnadc's Men, matsrlslmsn'a lien, or other wen co.dd be asserted on steaeirit of tM work, aavbes. or matafale. Grantor will upon mgwat of Lender furnish N Lender advance saaurancse satisfactory to =#-qc GA; 2656 PG; oar •070000000to2sog971140ogilt e• MOK MADE Pqp 9 fContinuord) LMtdw tltet Grantor can and win pay the Post of such irtwonments. Pl1OPEM [AAMAGN ItfgU UW CE. The following provlrtons felsrltq to Ins;,ring the ftpwty are r part or this Mortgage: wavowomm C0 bnwaws*. Grantor shag procure arm ncatntsln policies a! fire Insurance with standard ertanded caysrege anilorsionxints on • re;;Jruement beafe for the full Insurable vehn co%ofkg AN Nnprouwnrts an the Raal PotpunIf In an amcxmt KAIdrrR to evold spoiwdon of any cainsurencs mistake, and with a standard MMOOgea 0191180 in favor of Lander. Pokias ow be w0tlan by such Inntra nco oompades and In such fend u may be tessonabiy, soaptoble to Lands?. Grantor Ono dtatver to LarwM nertutrsaw of oavera90 from each inairer oantowng a sdpAirtion that coverage WIN nth too cancelled or dlmcrdaMd withal a onkilimm 00 san (101 days' fitter wrMen twtlee to Lander end net conllinlnp anY dtedalmer or thn kiswee's Nobbky for folk" to glue much rodos. Each Inarance Policy MW WwN Induda an IndDIeK"M Drovklkg diet ooveratta in favor Of Lando win not be ~44 In arw pray by OW net: offlao brl or ttelatpt of orarnor or anti 0Om pwaon. Tho Heel haporty Is ox WIN be boated in an was dsslgristed by tom Cial"or of the kdorat Emerguney Manegamenit Agony as a special flood has" area. Grantor agrees to abtein end mainteln - Paduoil'femd inowarm. N available. for the 1tIN tfrytrlo Wkydpet Limp" of ti* ban art any prior Lena on the pmpaey securing to yen. tilt p the RNWJ r4mt poky kfelfa 9411 under the National Rood fnst ranu Program, a w ethorwise required by Lend.?. and to Aasivlicn CO f'toes.ds. OrW%W Wimp PMMPtly MWfy I -*rder of any loss or damage to Ms Prope*ty, tarxier may make laoat or bee N 0MOOr jape -0o do w WkM flftW, 11 t4 days o0 the caswRy. Whether or not Lendoes asourbv le Irepaktid. Lond*r ?nay. at Landw^O alsixion, twelve and retain the firacsadr of any Nnsurence and apply the Irmaiaeds to she ►dductiwt of the Indsotednsa. ptygMrR of cry Nan sf(eotkq the Property. v the restoration and repair of the Property if Laidw eiocts to apply Ow prooeeda to Mftratlemarrd repair, orsvto► OW repair or r9pleG fhe dam" nr destroyed brnprovaYnernta kit a mamwir satistectcry to Lender, f sfidar alidl: upon 9460fnotory pmot of such t%LL altw , aY�Ttsimnburee Grantor from flea pruoeede tar the releotiable aiOt of rapier or rtlssoratlon it Grantor b not In dWaLdt weds trhloh hove not been dirbixse i within 700 iteyN char Otsb iwtafAt and which Ltxsdsr hen not tlott of this property *!Sall be used W to tray +pin amnnant'evifft to larder under dtlt Marto esa! t y aowwd Inters remewer, if any' Ihep t,a *pow to the pirnipah Irogri ti of ehor kwobtedrim, It Larder holQaf+�r 'cowls attar payment in kmebt dneex. vuch pmosad+ eheil be pall to of nto! M Grrtnte►'s Interacts may axi 'I — pl rd Nnotarma at Bob. Anytime ell su at MWro4 milt at, pee to, tho pirchasor of the Property covered by. tifb fNo►tgags at any traistse's M o as the Pro tens o1 Mp`yrl9pe. or at any 1Cretgaaure Cale of tu►x+ LliOfiN EXPO MMS. it Grantor I IA to r f a N sjrcurlty Interests, encumWanoss, and othe rt?alme, 101 te provide my mpuked 1 nee n P y, ak sp kit o ttthhh668 Property then Londar may do Be. N any Oct" of Wooso$kv is no�mmonced that st t a ntereet In the ty, then Lander on Grantor's behalf may, but 1• not required to, taka any "filin that s t to or tarots. AN expenses incurred or paid by Lender fmf mob purposes win than bear Im $ t ohs rate ohstged under t Note tam Incurred or paid by Lender to the data of rapayrrrnt by Qrmruor. AN susn expenses It tea me a part of flee Indowe %a s option. wlN (A) be payablo on dema+d: 0 be addN'to M» balaor of the Nom among and Se eve Inowilmepi payments to bwoms due jikaIng WW (I$ 111 term of tiny applfcsble Incurs :or 121 the remaining t e: or (G) be treated as a balloon payment wlmLdt will be due and psyabie at the Note'■ me Property oleo wig sac of those amounts. The rights pravidad for in yf a *ply ahaN tea b addition to any other n rrne f tow may be entitled on account Of any default. Any molt cc Noon by LOndsr slap rat be construed as cur 1x �sl `` 7( tin ram any nrnerly that [t otharwiae would have had. WAMAWVI ltW'IW11 CP Tula. The following proidebrh tdovt of the ProrpNty lira a part of this Mortgage: IML Qw tmr worranta dw: !ale Grantor fickle good and markstsole Otis of record to the Property In tee almpts. free end slew of all Nerti'litd anaonbrano/e cow then Shore set tarfn in the Fleet PrO{Mrty, description or In any title lmwsnce policy. title retort. or 11ne1 title epialpn Issued In favor of, sold /ooWted tin. Lender In aannection with due Mortgage, and (b) Orentor has the tub right. power, srd SWifirft to exeauu find deNver pia Mortgago to Lander. ofif lei of Ties. 6ubjsot to the'oaoaption In ate pn►egrsph *lave, Grantor warrana and will forever dahnd the titN to the Property egakrf tin fawfai otuima of all perwns, in the event an'/ aodon or proca"no Is 0omarnricad that twestions Grantor's Ode or the L rtat of Londsr under this MortiPaga, Grerda shall defend tin action at G�anterre expense. Grantor may be the nonakral Party in stash pooaoding. but Lender shop be entitled to psrtblpats In the proceeding and to be r presented In the proee"ng by cannel of Lwd%et awn hdhoies, and Gramm wNl deNyer, or aat,tt to be delivered, to Candor such Inst umnents as Lender may esq•.nst from *m a VAWto Pbmrlt swat patOCk'Stion. Carl lOt t#Ihh laws. Grantor warrants that the Property and arantor'a use of the Property compllea ivhh all existing appNeabis lewm. ordknancco, end ragulatlons of goveramantat attherWi s. gvehaf of PrerrAm. Alf promisas, egresmenla, and statements Grantor ties mina in thin Martgage shall survive the allocation and ealfie►ry of thih Mortgage, Wimp Ln contimdng In notm and shall remain In fug fares and effect until such time as barrower's Nodebadrrsn Is Veld In full. CCR OMIATKM The following provisions redating to COndomnedon proceedings are i part of this fAortgaCt: P op" ya. If any praaading in r:ondamnation Is filed. Grantor mW m iat ply notify Lender in wridna, and Grantor #hell promptly take wxft stops n may be macessery, to defend the radon and obtain the award: Grantor racy be the nominal pony In such prooasrgng, but Lander shelf be entitled to Partlolpste in the prokoWkng and to be represented In the proceeding by mss! of Its own. Cho", and Groner WIN dsilvw of cause to be delivered to Lender such in4trumant3 and dum,anentation as t,tay be rwonated by latrder ham tine to Ome to pennh such paninipatlon. ApaoimeNo of Olaf prooe00e. If aN or any pert at the Property is oendemned by ointment domain proceeding# on by any prorwrding a pUMM" in hour of oof illsioMtion, Lander may at its Ontim r **e that all or any pardon of the met procesda of the *word be sppgad to UM MdsbaorMSas rx the rapak or restoration of the Property. The net proceeds of the award shop mean the sward after paynriont of td( ra0- I*, was. atlpama, and stwinsys' fees Inauired by Lender In conneotbn with the condemnation, apoafl 0th RR TAM, FBI AND CMRGEi BY COV1MAIM8MTAL AUTHORITIES The following provisions relating to govenxnental taxies, fel a'ttmd ahWW are a pan of tMa Mortgage: OlSrafll jam, Pile and Charges. ...Won fagwot by Leader, Grantor shag execute rich docurnents in wididon to this Mort" and lab whimpow odor action Is mqueaad by Lends to psrfeot and owtinus Lom4er's Ism, on the Real Property. Grentor shed relnnbixse Lvww 1101, IN taxes• es descrfbed below, together with all experrss Irnewrsd In rsoo.4rig, pehfoctirg or continuing this Mortgage, Vickoarg whtwut IkAltatlon fig Intangible personal property taxes, do0nrnentwir stamp taxes, fear, end other charges for recording or ragkastlrp tfik Mortgage, M OR; 2656 PG, 0074 1060DOM102401197114009511 S' MORTGAGE Pop 4 (Gorltkwbli) Tom. 7% }plowing sheer commute taxes to which this section applies: 111 a specific tax, Inr ng without "mtkV an Intangible parstutai proprty tax, upon thla type or Mortpaps or up" al or any part of tan kvk%bgdnesa stowed by this Mmtgepe; 12) a apedbo tax on fforrowsr witch Borrower Is authortaed or requlred W deduct from psyrnentc on the rndchteWwse seared by this" of MortBap .. 11+ a tax nn this type of Mortpape chargeable agamet ihs Lender or the holder of the Note; and 941 s apsctfc tax on *a or any person of the Indebtedness or on poymants of principal and Interest roads by Borrower, glBea�MM harass. If any tax to whdah this sedan appN*a la enacted subtequeit to thin date of this Mon". this svcm OWN have the scarce shoat Ra do Event o! Ootsun, end Lender may exercise anY or ON of he evesable remedies for an E-em of DoWA so' pranAded baIGW tallass 0 WWOr dilfrr ('41 p*ys the tax butom It beranwa dallnqueM, or (I) contests the tax a providal sbove to she Taira an0 Urns —;i% and deposits with Lamar pa■h of s eutBOWIt Corwate surety bond or ether security Farisfectory to Lords, V6CUWV AdlliPAtW., PlftAWWG $TATBUNTB. The fallow4q provlal,rhs :eistinp to *4 Mortgage sa a w.Ak ty sgrsamont are a pert :; sf urea esotapage: Batilill� Apraatastel Thin insrr9rMnt she h ewnstitute s 8a0lelty Aprwshent fi the extent any of the Roi»ny cometithtres HYraras or eslrr ueasrsaf araerrty. and Lsndar"have all of the rlplmo of a esoumd party Wdar the Unllorm Canmuetai Code as amended ben! 11110 IoM". MWOMy irtlMeM Upon request by Lender. Grantor shal exanuts financing statements and take wheteve other action Is r"iUtsd by LerMlai la cachet era! rtpntl■le Lerhdar's ssdarritr Interat 1h the i+.nanet Property, io addition to recording %No Mortgage h tan rest property w+rxds. Lartdar nay, at any tins end wfMout further actlarriratLin hero Grantor, tie cxu&AM awnterparts. ueples Or pro edHOtlans o♦ disk tdelpapa aA a flnsnokhp atatemserl. Grantor *hall relrrdtdxaa dente far eN erpensas Inctmod in PW400 imp Or omt�ltrrYep NYe eecvitY Interest. Upon oefeuh, fltamof ban the wraorri Prop*rty in a mannat and at a piece reason" aWwedaent to are +tot and Lander rtf d myna it oval 1ti' (� toy. oftar raeeipt of written damrnd tram Lordw. At *syagd TM maNirtp addrataes of Grant T M hem which Intornution wrwanhV the sacarity iotregt leis this Muhpaps may bs o ale es rrrglrlsd by Co^xnsrcial Codal am as stetat an ;f a first pa" Of of" WATM Af(1IMANCU. ATTORffIV44•11 IT. Fa NSw provi*ione relating to Vii assurances cod 11twnwin'fecl ire a par', at otM Mattoon. frlrtllNr Anumn ss. At any tine, fro t tlrrr r at of ender G will make, execute and dsilver, or wile cage to be'raade, executed or delivered, to a ad by Lender, cause to be filed, recorded, mist, rr ramoaded, as the cast v be at uoh a N a as Lander may doom appropriate. any and rte such nwrtpepoo, dead* of trust s ty se a, *n eta s, contn4ation statements. k1strurnOms of two w ~an". eertlal::rtat, and a sole r, be racquary or desirable M order to eftecuhta, cornpiete, porheat can rssarve Itl we Or or s axe under the Now this mortpape. and the FAIN" Opaansnfa, and (2) the security Insensate rte by ■ as ' ll t and prior hart* an The Property. whithee crow owned or haeatw _a" Grantor, Unless w r sprees to tan oOMMY in writim. Grantor OW f2warse tender fix so cosier and Incutrod In m h Inferred to in this paragraph. AgsswAWdrihot. It Grantor falls to tic L retoered to in the IV sweph. Lends may do w for and In the name of Grantor rind at Grottoes expense. For Grantor her appoints Lender as Grantor'* attomay -In -tact for ittd pupoN of Inn ng, isnouttrtp, deliverider dishes as may be necessary at desksbla. in Lender's sole apinion, to accomplish the mottem rsrd rr FULL "WOWAANCB, It Borrower pays d tan end mherwIss porkrms ON the obligations Imposed upon Grantor WWK ft% fNpfWW, LMW$r SW piwoute and dollim to Glou t a s.dtable salbtaetlgn of this Matgp* and suitable atatem.ma Of terry Waig* of any OW." statonam on Wa ovWonoinp Lormbes sscurhy Intereet In the Rants end the Personal property. Grantor will pay. If pet*W by spptinabk law, any reuomsbis termination Its so determined by Lender from time to tetra. lva= RIP DWAULT. At Lender's eptom, Grantca will be In dalsull under this Mortgspa I any of the f011owinp h s!)W: gytaretrt fbfaUt. Borrower fella to make any psymant when .hue under the indebtedness. dagtifl sn of w payments. Fouts of Grantor within the time required by tMa Mane" to make any payment for taxes Or (nowana, or WW oFrtt payment smeary, to prevent tdhg of or to effect dieoherpa of any Ilan. Bread+ Offer premises. Borrower or Gremor brooks any promise made to Lamer or kite to perform ptotnptly at the time and striotty in tftaworrter )npvided in this Mortgage or in any agreement related to this Mortgage. Pslu ft molstila. Any rapfeeontatlon or etstemsnt made or fumishad to Lander by Borrower or Grantor or on Borrower's or Grentot's bahsVVnd r two Monp ild, the Note, or the etoleted DhaHnsnts is false or rMalsodhp In any metenai mopwt, either now or at the Wild grad* or fundsird. pHppryp t:eNaterelhallon. This frtmtpage or any of the belated Documents castes to oa in full forte and stlect ltncludkV failure of WV eolaW OI dorrnrnt to crests a vWd and perfected asewity Interest of +decd M any titnp And tot any reason, DoWS Or Voshway. The death at Borrower or Grantor, the insotvanav of Ecrrower or Grantor, the appalntment of a WOW for any pert of %nova's or Grantor's property. any aseiprrnett for the bsnsfit of aeditorn, any type of creditor workout. or the ooaxaenoans^i of any proGooding under any bsnilruptoy at IrcoMsncy Iowa by or opakwt Borrower or Grantor. Le� ier Wepeny Any oradnor a povammsrtal afMr'oY trga w hater any of tan Protx+rtV or any other of Barrovwr'e m Qranta'a he s a lien, TMs s or Orantor'e aobfxhU with Lender, a Gor dispersof the Prop" Is based la wild a , and It Bpnown or l{ /ameprs Lender written natlCe of the dabs grid }urnlehee lender with monlas or a aarsty bond eedefectDPY to telklar to satisfy the stains, tern this defauk provision wIN n.r apple. BneaA at Other Apmenxnt. Any breach by Borrower at Grantor under the tame of any other agreement between Bonoaer or Oramor slid Lander that. Is not remedied within any grace period provided thMK Itlesuding with" Nmltatlon any agnrmont ooncernhp any Idebtedrras or other obgpation of Borrower or Grantor to Lancer, wtrthoe sxtatirg now or later. foram* At"le" Guarantee. Any of the preoedinii events occur* with respect to eery guaamor, endorsor, surety, or as ammodatfon testy W ally of the Indebtedness or my guwwW. N*Fw, sunk, or atcam l odatian party "a or baoomes kroompetwA. a revokes or dhputse tr validity at, or Nabillty, under. my Guennty of the Indebtednea , In the event of a death. Lender. a't Its option, ninaf but =atlefeoto be required Lender. to apumh^ tho w to, stn g estate E tt of �une-ond:NaeNy the ablipations adswq under the guoramy in bou el ty. Lender In good faith boWas Itself Insecure -4f qC OR: 2656 P6: 0075 107600000010240097140OS51 S' MORTGAGE Paps 5 tCunttltued? w Coss, It svoli a falkxa is curable w iii it HOnower or OrNgw hall not bean their a miller of a breach of the soma Pmwslan Ot V& litaelyalpa Will*, the prxoeft twetw (121 moiths, It a»y, be cured land no IveM of D*%A will haw otxxtrradl if Borrower of claw, 00 Lands► aerba wnw notice demanding cuts of such falkrre: (t) cures the (allure within fiftean 1151 days; w lb) it the ours req" mall am llftaa+ (15) days, Immediately Weiss caps Milticlent to ears tM failure and thorseher rormuataa and eartipr era ap retaonabis end necessary steps sufficient to produce eompianor "somas faesenaoty oracoeaL 1"#" AIl*MNLMW ON DWAULT. Upon fie cmurnnoa of of Cwnr of Daftuit arid at my tits thereeher. Leads,, at t.anda.•': OPdom, Iryr/ snatdMt WN ale of *I of tM folbwhg rights and tsrrtedies, M addition to ww 011har rights Of r"'0601, previdad by law ANMMen btddasisMm. Leader " taw Me row at Its op&m+ without +toot» to Grantor to dwlave Lha attire Indabtadnees MiMS0liaety dull and pnyebb, including any prepayment Paswhy nehic -h Urantor would be required to pay, ifCtz RasMiaa. Meat mrpimt to at or any W of the Parsonei Property, LwWw dtpll Iowa ell the Agma, wt3 remeAS'A Of a sKur" tsselpr!rr!dn liorLi deem Cgis"manNd Code. A�MtI pion as. Lertdr shell how the fight to trees a moNrer appclmtwd to U" poaase.bn of as w eery part of the Prowtty, with tMralRrt alld pnaaatya 11M Pnptirty, to opersts "i 0 )rfoperiv -pus iifi t- (CesOusu "or- sataraMl -0o-wltaci -tile +9Mfla -tfoln 0* 1jo No and APPI f Milt proass". ore and shwa"cost of tM teceiveratrip. #0610 doll lr dw"o•ess. The nsa:wr my settle wNhiig'OO 4 H ptollift od by low, L*NW*3 rlgM 10 00 opPpintn+ent of • racily« When win wtetlrer Of rot the sCOanrrt Volvo Of tM Ffe'D�1N omesde tlr iidabadnast by + aubetfrnlsi aufaaq. gmpbymant ev tander 00 not "WW" a arson boom somm a a �r�iWi/MIMf�, L+r+der tintrlt corals a IutkoW d0aao fareepasNtt tiranrnr'o in »reef ii oar o e�y part c4 fine Wt+pertY. t ilr l�rti. H par RWW 1* siWo bill �s� +� army detest+ »r!!aimt¢ L. rata tnciabt±silreas duo is Caidat eppfkwft. of at .mounts ' we~ k true section. Tatlrinr a1.i Nraf!aa. H to. 20V bra o1 the R al sold m pmtridad 84 m w Lander afAsnMb Yeoanaa antitlsd to. 9oaaMa upon defauh of a'r'. Grantor epee bervttis a tenaru at auffaranoe of Lsn t Or Oa purchwaer of the proosrty end 'e option, either 111 v a isle rental for the tulle of the Aoasrty. e (a t+wdn the M+party inrmmat ly upon of cow fiaraadaa. n shed f+sv1 a( of rights end cyktod n thla Morfyag or the Nota w atsaable at law o in equity. Hay of Nos Isepso the aloe t wl o s tot teby wagras any slid all tight to haw tie Property MarshaN axer: ng I s L r to sell or any lien of the properly togrrther or wpsratsly. M one ask w by asper sale L ,der Men o a n pu us on all or any portion rat tie Property Nool" of NO, dander will give of t r a .8 t and t qc sale of the Personal Property w of the tbrrs allow which any privote aata oe r 1 tended disposition of the twist u be made. Reasonable notice shall mal n reu0a diNn at Mat ten 00) days be tlnna of tM ease or dlepos alloo.st OWN"". An election by choose any nna lima f it[ nder from using any other ran+stfy. If Lender rJagyk fti.dpoltd few" w to prrlofm an or o after Grantors talk" to do to. that decision by LwAW will not aftaet lender's fight to lI In default and to pillar's remedies. Ap�itlTyP' ►see; Ittwlrn. H Lander InsNtuti in a � any of tM tarns of ehta Mongsge. LaxMr " be -s�OW 10 IUOOya! such sum as ill tw o may add a' tsaa at trial and upon any nppesl. vVlteHter o not r y oast action M Involind. and to ell extent net asonable expenses Linder Inoue that In Lsnder's OPMwon are ttaaalo�ry rt any time for this protection of he Itit+Neat or the enioroemont of its rights shell become a part of the b+wblednsu pep" p� drgynd and gtaN bar Mtsrarat fir Note eau qmm 1M deal 01 the sapendltun uMB rspald. Eaperose covered by. Oft paragraph 1ndtNN, .yvltll0ut NMtatbn, however aub}eet to any ttriits Uatder appflcaWe law, lende's naeoneble rttotnaye' Acs alb lortdar•s lefA► eepafraa. ttiheMhar a far than le • bwitsAt. !nclUldk>il faaapnttbh ettonUeyr' Iwo and aapanaaa tIx bankruptcy proaadi,ps li+chidbtg afforM to raoelh are vecau arty autornsdc suY or initlnodont, sppeala, and crag etidoipnad poet•)urdOrnaM coioctlai wrvica, toss Beet rile ttaprphyt0 rsOaM, obtNnlrg title aporta Iktcludrp }oncbkun npwtel, swroyon` npota, and ai>ixaleN lase and tiW mnxpae, A 1M extant pomrMSeO by oppllcabk Iwo. Gralitaf abe wIM pry enY rAtNt ooata. In Isddltlorn to ay oche mums Provided by law. NOT1C0. 4M ootla required to bar ghat Under thle Munlogs. InoW lit without Mmti<atlon My ncdoe of deta+llt end any notfea of sale YI+aN iii #Vgo M VIM". errs shah to e f othit when sawsity delivered, when actually reraWad by tetefaca:mik tunlose otherwra required by•Is,ed, iYJatr+ e4WOW wtth a nattoeabtr noogrdnd owgWon oaurier, or, it malled, when detloahod In the United States mad. as tint LANs, VWWA -err rogUtarMf wall pOs" ptspold. dltsood to the oddfaasa shown new ON beginnings Of IN$ Montage, Any Perocn may Chesil, hk or his e0 - a for nMlcae finds, this Mortgage by gMnt written nouoe to tivt other parson or persons. apadlylng that the pua<poM sf hole ramose 11 to chOnpa the person's address. For notice pupOws, Grantor atyaes 10 keep landef Infotrrtad at eg tbr»e of aan0ef't atxra7lt addrMS. Little" otherwtun provided at ntwind by law, H there It more than one Oran[, any notes tiwn by Looder to MW Gramtarao deemed to t-e rotiaa given to are Granmre. It will be (kantor's rasponakiility to tat the others of tM notice hare Lander. AOOffIDNAI rM "iloNH Phone f1NHf0 1MPOWT10R OF TAXIt. FUS AND CHAR3EB OV OOVIRNMINTAL AUTNOMMS. It 1 fag to pay pmnlpdy wfia+ due sp teua, arsoaamaNa, dhartas. pens and ancumbrancas at any time IevIed or placed on the Collateral, landau may pay such oMrge'Ibut Lander will not be obligated to pw any Mich chagel, end t wilt reimburse Londw the amount of those ehertes won letder'a ngterlt. er, H Lends alerts. lands may add dose ciorga to tfne unpaid balance of *4 pflfto)pal sum, end such cttapea wit Mar W"raet at d» re" prutdded In the Pilots Usti paid. AOOITIONAL pROVIH10M CONCIf11400 1.2111IM1 ROW TO HNT61. I agree that Londs'a snug upon such premises for mast purposes who nos be s Vespals an the pram tot ale that Lander's fepcseeselon 01 it* Collateral after, detault will nor be a tfesposs tar, of a convwswn At. to Collateral. N Landef should reposssea the Collated or aft part or it or ear of my Parsonsl property which It not a tern 4F the C 1ossial aillo t i alto not In defeat. I agrts that LaldoPaMafNllty to me will be amtted totally to ire fah rental value of such Cal%"tw whfM IF tdea•iti Le Acs poaseealon, ply% Ao'i>tr► OF 00"TIRAL. i agrar not to 94 gkM. atMrwin transfer, lasso at rent the Collateral to any parson, ud riot to abulaa.' tMsllbd.' or dNtroy the CuYaund. i "me not to ties 1M Cofauisl k vlofetteri of any statute o ordh or of army policy of frolowro Willi lftl *0 exameraL I a" to oomnly, with 1M IN" of any Mae err 4919MI M covering this promises where tha Coiatord M f or eland. fdWMAL OF ttON4WAATERAL PietHOMI, PROPIIRY. It I am in data lit utdry this Mortgage. I agree immedlstely to remove from the CdfatwU d of my porsonW property which Is not psrt.cf Ms Coutaral. 11 1 fail to roanve my personal property from the CoUa»rsl and Lntde: $Inalaaes an an Collateral sd my pereonol property which le contained tr, h or an It, I wIN rest hold LaxMr responsible In sty way e� tolift f<N pararwt property, and Londe mat hold my pstsamM propsty, vMq t Dona to chin ft. Lander will not be obagated to Plaid a loll p+titPuty to rate a es ratan Is to the a u compersets ono kin h in any way sinless, I raft Lander o1 my oMlm that Lender has taken �� MORTGAGE (Conf iedl OR; 2656 PG; 0076 Pop parwnat psopetiy whit* Is not pat of the CoMatarea and furnish Lender a %at at the property taken within 40 haunt after Landes toku PossevArt of the property, I agree to pay any tswonable coat Lander Incurs is storino my p"onal property after Lander takes pcasasblon of h. Ag QOMONAL PRQVUPDM WNCRRWp G TNa: PAL! OF MtOMTV. Lender will apply car batanw of the pro:esds of the wale or Nose or eth,r dkaoelten of the fJoNateal as a tYatlk apanrt the amotmt you ows Londar ursiat ife Note. Any amount by which the bm*Am of the proo"lis at taw Collateral exaeeds the disposition of the Collators! as s credit against to amm m you owe tor" under the Note arid under aw h raw apnamahl Lander has with you which to aaored by the Collate•al will be pold to you or to the person thorn eruMad to fatadw wrote .nttturit by OPPW ble lave Of apraarmnt. You WIN be antitlsd to ncrtve the Collateral at any Onto, before Wilted WI. Or theses .N or odruwlu dimposes of it by payklg Lander ma U amount yell ows Lander baler the Note and all Burns Ithan *sees undu any oiler e onaliet f a 4or Iw with you which Is secured by the Colateral, give all expamr. W40II d1,1N NttormW fees as prrnkied In the Parmap0 aided'Aswrorya' Fame; Eaponsse" of this MongalWl Lancer has Incurred in npoa►aseVho end forecbaing the Collateral, peparliv it lot sail Br 1n26, shawl" It, WA preparing for the sele or Nee. Mt54itRtiA jW* f110Vf9I0M�. The MIk wUrg miscoNrtaew provlslona are a pkn of thla Mortga;lo: AaslaaelIpr Ifs. Whist is written On tb Mortgage and in the ltmtated atcuntents is cirentor•s amore agneram wren L-snow concwn-V to lflatlan covered by tie Mwtpapa. To be affective, any change car amendment to Ohl. Mongage must be In wrlakp and roust ba stpMid by whoever will be boleti a obligated by the oboare e er amOndmam. Arle1Mo*IL, Swower and GfWRM JIM Lando agree that ell disputes, claims end oontoveretn betwoan sea whether lndVWI.A )OIM or dim in *lawn, arising Worm Ada Mnrtgaga or athorwloe. Inottxiirhg without IhMstkn contract and torl d6putes, thaN its araltratod serettoK W the Ilnilet of the Amaioorh Arbitration Altura t it the 1111101 the claim Is Mtd, upmn request of either, party. No set 10 lathe or dMpoom of any Property *hall al orblifoOm tptaemenl a be prahibhad by thin wbkratton This btcluess, wit ut tknhatim. 1 emesrmy rwlrMning order bwo" "I power of *W Of WAt w mortg6"; ob @tie r, of s reo"r; or aaormsehg Orw nghW rmletkp m DasesnR Par+�riv. Inakdirp takblg of die ueit proparty, with or at prooasa pursuant to Article 8 at the Uniform CoAnnttroW radg, Any disputes, otalnhs at rc"Milig oonwrning the Is M reeaartatilaMat of any act, or exorcist of arty 1104. s inaterr" any'Val-ry, an reform, m oths dty any spreement relating to On Property. OW mite he arbWead, Provided tY t ads~ taf7haN 0a right w veer to enjaln or rsadaln any act of ttttr PB/M• Amiliwnt tlpm any award randorod an arbitrator lend In ray crnrl Jurisdiction. Nothing M this Mongaps ohrN jimit der Now 01my from aeeking ab r IoI, The statute of %rnhatlons, asreppmL walwr. yoMt, and aanaer doctrinse which t rw n t a party shall be ap licsbte In snY orbihalion prp7Mdkfo, and the cemmenowment t rat p d t am mncemenl of an action for theme purpo46a, The federal Arbitration Act shell e y a 1 e 44m, one r reset of this arbitration Provision. Co" No@& *, Caption naW gaga nce ttq�d r° f we not to be used to Inwprst or dm%na tha pfaVwilew of this Mortgeps. 't tiayNfrtittg levy. This 1114ortgege VAN by and Imerlre a federal taw end the lows of the ft ft of Mot" Tear M1off4e8e lime been one riot In the StaW of It CMeNea of Varaaf. M then is a lawsuit, I r) to" upon Landow's rsg1� tt bruit to the Jurisdiction of Ilia courts of Plmllas cow". Wis of Florida. Ll JW.'gtld flya►al L nWAy. AN obNp0 o1 8w et . �Q ors~ Mall be lolnt and several, and all retearrcem to Gretna* sw neen each and every Grantor, and a I-&- War shell *man each and awry Borrow". This m Bane trait each Runower aryl Granter sloning bW@4 a k resitons:ble for a mtlons it, this Mortgage. lea Mtdluer W Larrdw_ Gnma txtderatands lance weal not plus u,t amt of Landar'anlphte under shy Mortgage wins Lanier does to In taM4+g 711 fact that Utrtfe daloya ear o"' a to 0% rove arty right wIN not *mean tilt Lender inert given up then right. N under dove egns h wilting to Bite up stn Of Landar'a nghW, Ihe l dome *hot mmen Granter wlN not have to comply will the other provleiwts at Ilia MotWBYS, GraMOr ■loo undaretande that If L�ndar *loam concerti to a ragtu*1, tilt das0 not mean that f3ramtrx wW not have to get Lertdra"e Bentsen! again if the althrrtbn heppen0 efNln Grentor }trim.* tt+WentrMO trot Jet because lancer oonasnW to one er man of 4rrrlter'a regweta, tilt drN[ r,ot meat Lander w10 M regrtired to conssM to any of Grtu+tor'e future requ*aW. OHMar wahroa peaaenanhaM. tlomukhd For P'iytrrent. protest, and rtutiae of dbltonat. . M a onrurf ikhds that my provialon nl shy Morlgag0 y *tut vapo or efahrld mat be enforced, wet fact by itest *NO not mean cut lfha *amt Dt this eeortgmge weal mot 6!r valid err enfattted. TMrmto , a court wNl entarca the nit of the provisions at rile tNortgecs- ovm It movivbbn of this Mortgage may be found to be Invalid at unanforceshle. Mager. Time shag be no mwper of the interest of estate ereowd by title Mortgage with any other Interest or estate in the PrapOtty at any abns head by or for the b4m6t of Lander In any capacity, without the written oomeni of Lander. trreattssaa all Asalgma. 8trbloot to any NmltmlIVIS stated in title Mongags on transfer of Onnlo em interest, tirti. Monpage *hell he bkldbtg upon and Imp w the benefit of the panlse, their ouocessorm trod assigns. If Owmrship of tee Property bwzmea vaated in e WO pwripart the kdeoWa�dmse by way of forbeeralhos or extanalo Gramm, doal with Granttorrfrom with this MoMortgage a liability under the Indebtedness. Time 19 tit Ow feuries. Time I0 of the essence In the performance o1 this Mortgage. DNgiOlgW g. TMa fol owing words shell have the foNowi% metnings when used in IN* Mangags: Benewmi. live word'porrower• metals AGUSTIN CISNEROS, and tit other ptraons and entitloa aignkV the NOW. 111illnow venal Rowe. The words `Emironmentea Laws` moon any and ON stahl, fedttal and 10%,.01 statutes, roguisttont and ordinances ralatlng to the prolaodan of human hastth or the arrvUanmsm, Inclucng witho 1111111111111011 the Compnhemi Emvironmental Retportia, Competsstkxi, and Liability AN of 1980, as amended, 42 U S.C. $motion 9601, at ssq. I "CERCLA'l, the Su wit" AANiodntemfN and Remuthorlutlon Am of 111168, Pub. L. No. 01-499 VSAF1A% the Ruardow Matentats Trentpaiodon Act, 40 U.S.C. S.Cton 1901, at seq , the Resource Conservation It'd Reaovmry Act. 4: 1.1.94. Ssatlon 0901: at seq., Or other Oppaeabkt ateW or iodatei lows. rules, or regulations odoptao pursuant tharetu. lmd of Dafauh . The words 'Event of Default' mum rile of the Evan% o' Da!ault tot forth In this Mortgage in the Events at Oalaatlt smatior *1 0" Morlgege. Ord aR1a. The word'Orantor` means AGUSTIN CISNEROS raid BERTHA CISNEROS. gVill . The word 'Guaranty" moans the 2UlV4nty from guarantor, endorser, srsty, or accommodation party to Lander, Including OR: 1656 PG: 0077 10700000001024MR714W961 I!• MORTGAGE Page 7 (CDs *med) WAMW 9eptetlerl it guaranty of NI Or pert of the Note, /knaneAm lWWwwas. The words 'Harodow Substaneaa" mean mWorhals that, because of their QUamlty. canoanrration or phyaltiN Wwm1eN or t.,tectbue elweatadrtt,:a, mtiy Cause or pose b prasent or potential harts W human health or the environment when 4oprogarh/ used, trwtad, stared disposed of, generated, monula:.tured, transported or Odarwiae handWd. TM wows 'Huwd" SuMlert6s6' am wed in thok very b(osdaet sense arxl inrtudo wit w Imitation airy and oa hoserdoue or toxle x4broo ens, materials or waste an dafMrd by or Noted under the Environmental Laws. Tha term "Ha:srdous Substa"a' awe WW W W, WMIM NmhaJon. palmisum and petrotaum bV- produms or env troctlnn th ioot end ashostos. �. The word "imfaoVgrnams' means ON existing and future 4nprov■moMh b Wingo. ahuattxaa, moblo hanwa affixed at Mw R6y ly*WW, Paotibles, oddMrA, wple06msMe srd other comtruotlon w ire Real Property, Mtit1f111�weN. The wwd'Indebtodnew" meant eI prinai"l, interest, and other amounts., ovate and axpaneae. payable under the Note ey hiWWW Goatirwrits, tagat4er with aC renowNe of, exterwlona of, mcdhticsttone of, oonwattedoro of and ytAetltuthone to the dote sw...d tlneunAnts and env aJmetlmo expanded 6P advanea i by Lando to tfiacharp Grantor's obllgsttnla or aalpaaea Inaurnd IVY 1/MtQar Io emorw Wonwr ■ au ,.a...,.,...........,... hlwrstr6R a+e Mart 'fadaetedrea' Is 9mboat to the 1ltmhafwrN kianMaad kt ISO MOAWMr. Lion aeotion d Ohio MCI 1p- , LW W. The word `London' peens SouthTrust Bank, National AeaocWdon: its at>atassers and acslgm. The wards •etwauseon a seated` pop WW parash of owWonV that acquit WW IM"st In tha Nitta. 1Mtryl* The Wend ,Mortgage' magna shit Matt" Lwtweon Grantor and Londar. 11NM Tlla Word `NoM' moan the pmWit cry twit doll wlandt fe+ in tlt� ofipUhd prindpaii amount of 435,000.00 ooi6 6m.anrRr to .Larder, toe@0W with ale rem eat' • atbrw at, raPlnanalnOe aP, eonwCdat:asne et. err! at�IllhRlOmt her tIM promiseurV note or aeraa lid. t Pbte la March 16. 2010 rusimil ftel;* . The woroa 'ftenWMt (tan ale OQvIpmon , , �ad "to articles of personol property now rr hw"W Owned by dranW. and WW Of elt%OW or nffixed to the rrypo" together with all scell"Wa, parts, and adilitlaM td, aq replewmena of, and �a� tt+tx f r arty of ruch props an together with alt procoads 1inolWing without Ihadtathan ON Insunew preaouch and rerpnda ILM61 uy tam othar I on of the Property. rN et". The word 'Property' mna ��O*1100iwly 1M H Fr IV and t Pera Pro Pty. ReaiPnp Pty. 'rho words 'Mel Pto y" � Y, as as r deacrlbad Ist this Mortgaga, XdWad Deetansit". Thu words 'Rd tad , e erns a OR te or earnents, ban agreements, on -Aronmontal egraeeentt, guarantlea, NCUrlty ya ppts a as t tnit c tai do, collateral mortgagee, and ale attar k*Votants, a". rnema and docurne ts, hat - a drag. t xt_ nnection with the. MdobteAnaa. FAQo. The word 'Rama' ma Ma ea s} and future rents, rovenu )nto a, Is Yet, oyalNea, profile. and other eMmlita deriM hph dta hoporty. �^• LWH OR ACKN1>t/VLIDGES NAVIN O REA laE7� . / 1TGAGI, AND EACH GRANTOR AORuil TO ITI 5242 GILCHRIST STREET, NAPLES. FL 34114 x. ;;' a •,.;_._.,� , 5242 GILCHRIST STREET. NAPLES FL 34114 YYrPfIlrMat * ** OR; 2656 PG: O078 **-* •076000000107408971400961 8• MORTGAGE Pop a tcot *modl INDIVIDUAL ACKNOWLEDGMENT PAT! DR noasaa 1 tss awKi7 OF p7"m 1 Tpa ytalrumant v�ar acknnwNd0ad bstors tns tnie V� daypti+ rt' 20UU py AOkIlTA1 CIi1W11Mt SVM4A CI a�Aa0n61tro 1 ontat d rdid ! did nrl take an os I lw fuw produrAd _I�natun o} Parean AaknowbcgmeMl L ' INanx of Acknovv"�YDad, Ptkttvd ut 5tampadl 9 o,rer.a.w TTrhthtyurnantpnparad bY' Mark J. Woodward Esquira �, Woodwv%4 Pleat 6 Lombar�O P.A. 1 Laturl Oak Drive, Sugo 710 NV" FL 34108 (941) 366.3137 2612086 OR; 2656 PG; 0704 OCOO D 11 OFFICIAL kiwi of COLLIn cow", IL W1411301 at 11:14M DYIm 1. im, CUB !IC f3i 11153 DW -.71 ?1 RIU: FAST tITL1 i Aestuc? PICK Of tk T1WSQUfT- CLAIMDkCD, exeoutedWs 1 idayolMarch 2000, byDYASSOCt4 ESJOlNT VENTURE. a Honda gents!partnership, first part, whosapost orNcs address is : 801 Lai W Oak DOW, SuIN 710, Naples, FL'34108 and s000ndparty, DY LAND ASSOCIATES, LTD.. a Modds LftW PartneraNp, i 641 LAUREL OAK DR #711 NAPLES FL 34109 V$ mw to" MOM rn Mimu was pair lee o mwd VW wa Mcrdt VrgAw JWw ioW � M%1i161 Ml:tlNidY�iR Of10 711 MKYNNr� ilr0 M�ll� W CaAa�taA. YIYkJaK ar vJHl�d N jva""sbrk Moto* d s*mw party. vw r*cow N the mV teaond pwtybmvrr, w ft Mwlntr dascrlbadk(,, worlds, to -w#.,. tLstparty, Auand ki ��anstdaretbn o/!ha sum a1410.(?R lnhandpWby&f rc/ts h*rgk jkc0mwk d0ed, doss hsret:yrnMBa, teasean WA -atn0a un b N rlpht 6%, lntarast dob odd#Mw)d WRY s or parrs!of!and sAVtte, tyrnp and,barng In NN CW* of CoiNer, Stop of TOHAVF AND 70NO 'ebe b*WV1 rp errkr a►nryrise apor> ar ofdt "Id ArstJ= . =rtn #w aq kmwr, 1 IN WITNESS WHEREOR, t " Ariz abort W*01. Sbnod, "od and Polo ad kt a p1* ;%.. i 0pr-x> "79-t eo aid 9Uiar urjarm=" taomv'ito and clam rvhctso* th thesaldseoondparty &Wpa* hss s!rnW s al is tM doy and yw l� cAs- a�clates Jon Von&" my. Parw D D*Vekpa Net Inc. a morwo emporsHon, a putnrr _ h a A sy. ri A4 J. mor-apreAem Prurt sees: _- htarree: �• o FAIFA r . *I W/i�"fYf Br Psmu Y DOvakpmant, Inc., a Ronda cxporatlon. a P~ 9y: J. M rtlry, as Ptesld nt IRECORDEitS MEMO: l PWily �onWudac7'sxY1 s da when MCdved. L �c OR: 2656 PG: 0745 1WE Olr FLORIDA COUNNOFDADE The ftmgnlnq instnr t was sckaow:edpad bs&rs thin_ dSy ofMW!:h Z00v, by J. t fCC&My as PAMbf&W of Putty D DavaapMnt, Ino. who lr panonaRy knowh to Ina. ONlwnne Wokovib /'_.,,,1 ,t�ss�tC• my „ Commas" a� s C C2Y0&PBt " ? MRFS too., ryPvbo a olui W- Co�!+mL�lor Na My Comatasion 89phas: (SEAL) STATE OP FLORIDA COLOtM OF DADE Tha fwegokV k►sM moot was acknowf*4#d b*Am his -Le-day ofM&mh 2000, by J WCarehy as PfaaA*M of f *mW Y Do"ro"t Inc. who It pa umoy k xpr to 0M. cam atovuat 7iffsdaadts Otwn r Atsoclatea Va LandA , F.S.. T r Commission No. nay CoWnbsion ft& (MAL) / 1xt CELT � �d4Lk(pa� anaWida DY ffVblashlp, Aa+s� �, pi!DfT twR AWM t" tar t t � upon 00 • daWaryottfds dead Li ,.+watan�a+�mcuu.nra OR., 2656 PG; 0706 EXHIBIT "A" (DY Associates) The West �A of Section 13, Township S 1 South, Range 26 East, Collier County, Florida. All that part of the East 1/2 of Section 13, Township 51 South, Range 26 East, Collier County, Florida, lying southwesterly of the right -of -way line ofUS 41, The West 1/a of County, Florida, All that part of County, Florida, following descri A 1 t; southeast corner a ti 27 East, Collier 27 East, Collier US 41; LESS the Township 51 South, Range Collier County, thence along th ection 18, North 991134104" West 193. _CC -1 thence leaving said souther y line of said Section 18, North GO °3I'32" East 2639.72 feet to the right-of-way line of US 41; thence along said right -of -way Iine, South 34 °24'43" East 2371.72 feet to the east be of said Section 18; thence along the said cast line, South 00'3 1'32" West 1271.82 feet to the southeast corner of said Section 18 and the Point of Beginning Subject to easements, restrictions, and reservations of record. Bea&p are based on the southerly line of said Section 18 as being North 89 °34'04" West. Pai^cel contains 294.00 acres more or less. LESS AND EXCEPT that property described on Exhibit "H" Attached hereto J-gc * ** 0R: 2666 Prj: 0707 **2 EXHIBIT 6 LEGAL DESCRIPTION A parcel of land located in a portion of Section 13, Township 51 South. Runge 26 But, Collier County, Florida, being more particularly described as follows: Dj& at the Southwest comer of the Southwest one- quarter of Section 13, Township 51 South. Rap 26 Ems. Collier County, Florida; thwce run N.00'25148 "W., 4ag the West he of the Sw6weaun"uartarof Bald Section 13, foridisUweof 1,424,99 feet; thew run N.99'S&52 "E.. toe s distutoe of 2599.20 fcc4 thmm run 8.00* or a distwae of 652.56 fbet; theme run S.89.I nl "E..11or & distanca of 1.605.24 L. for s distance of 1.185.93 feet; th noe = S.00 °23'21 "W., for a t on the South line of the Soutluaai on"uuter of said Sectio oe run N.88 °591 3 the South line of the Soutbwt orwquattrr of for a di o 6 to tha South of the Southwest one - quarter of uld :4ectiou 13; thence .8 " o South v the Southwest one - gwrtw of said Section 13; for a di containing 139.183 acres, more or less. O�?'FIE CIRC�S� LC INSTR 4604685 OR 4717 PG 1145 RECORDED 9/9/2011 8:47 AM PAGES 13 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $112.00 INDX $11.00 CONVERSION/MERGER AFFIDAVIT STATE OF FLORIDA - -- - -- -COUN = OF- C0LMER- - -- BEFORE ME, the undersigned authority, this day personally appeared MARK J. WOODWARD. being first duly sworn, on oath, deposes and says: 1. THAT I am a licensed Florida attorney and representing FCC Preserve, LLC, FCC Marsh, LLC, FCC Aviamar, LLC, FCC Veneta, LLC, FCC Commercial, LLC, GB 3I, Ltd., and FCC Veneta, Ltd. in the mortgage and refinance with Mount Kellett FiddIer's Lender LLC, which closed on September 2, 2011. 2. THAT the attached Certificate the Florida Secretary of State or Do-,<N Further Affiant sayeth ot.c/ SWORN TO and subscri f re me this .� Woodward, who is personally know a_ Print Name: { \ \\ �1, Notary Public Commission No. My Commission Expires: (SEAL) # "�y"+.y MDELAf10LIJ5iER �r My ="=M f DD 738024 pr ;ers were properly filed with either applicable. r Eh, oodward of September, 2011, by Mark J. OR 4717 PG 1146 CERTIFICATE OF CONVERSION for DY LAND ASSOCIATES, LTD., a Florida limited partnership, into FCC PRESERVE, LLC, a Florida limited liability company This Certificate of Conversion_ and attached Articles of Organization are submitted to convert DY Land Associates, Ltd., a Florida limited partnership, into FCC Preserve, LLC, a Florida limited liability company, in accordance with §620.2104 and §608.439, Florida Statutes. 1. Immediately prior to the fling of this Certificate of Conversion with the Florida Department of State, the name of the entity converting hereby into a Florida Iimited liability company was DY Land Associates, Ltd., ajElida Ii d partnership. 2. DY Land Associates, Ltd. 14, 2000. 3. Effective as of the d to Department of State, DY L d company, the name of which as Preserve, LLC, and the prin f Parkway, Naples, Florida 3411 under t the State of Florida on March aversion with the Florida a Florida limited liability )rganization, shall be FCC at 8156 Fiddler's Creek 4. The Plan of Conversio ad as of the date F t ; relating to the conversion contemplated hereby, has been app, he gene and limited partner of DY Land Associates, Ltd. in accordance with C F�toi tes. 5. The conversion contemplated hereby complies with all applicable Iaws relating to limited partnerships and limited liability companies organized under the laws of the State of Florida. 6. The effective date of the conversion contemplated hereby shall be the date on which this Certificate of Conversion is filed with the Florida Department of State. �c OR 4717 PG 1147 IN WITNESS WHEREOF, each of DY Land Associates, Ltd. and FCC Preserve, LLC, has caused this certificate to be signed by its authorized person this day of 2011. DY LAND ASSOCIATES, LTD., _ ----- - - - - -- - - - - -- --- - - - - -a Flcri -da rirriit -e p ners hip FA Of By: DY Associates, LLC, a Delaware limited liability company, its General Partner By: FIDDLER'S CREEK LLC, a Delaware limited liability company, its Sole Member L.P., partnership, company, Aubr err Chief Executive Officer. and n nq i ideal capacity LLC a i Fled liability company V By: , Aubrey J. rrao, as M ager and President, and not in s individ capacity OR 4717 PG 1148 CERTIFICATE OF CONVERSION for 951 LAND HOLDINGS, LTD., a Florida limited partnership, FCC MARSH, LLC, a Florida limited liability company -:$�C This Certificate of Conversion and attached Articles of Organization are submitted to convert 951 Land Holdings, Ltd., a Florida limited partnership, into FCC Marsh, LLC, a Florida limited liability company, in accordance with §620.2104 and §608.439, Florida Statutes. 1. Immediately prior to the filing of this Certificate of Conversion with the Florida Department of State, the name of the entity converting hereby into a Florida limited liability company was 951 Land Holdings, Ltd., a FloTi1edpartnership. 2. 951 Land Holdings, Ltd. w o ' under the a� e State of Florida on March 14, 2000. 3. Effective as of the d to f filing Certi icate o C aversion with the Florida Department of State, 951 L d s t i to Florida limited liability company, the name of which as t ort . i t i es f rganization, shall be FCC Marsh, LLC, and the principa loc t Fiddler's Creek Parkway, Naples, Florida 34114. 4. The Plan of Conversio3'a as of the date r , relating to the conversion contemplated hereby, has been app a ene and limited partner of 951 land Holdings, Ltd. in accordance with Cha - es. 5. The conversion contemplated hereby complies with all applicable laws relating to limited partnerships and limited liability companies organized under the laws of the State of Florida. 6. The effective date of the conversion contemplated hereby shall be the date on which this Certificate of Conversion is filed with the Florida Department of State. =4-qC OR 4717 PG 1151 IN WITNESS WHEREOF, each of GBFC Development, Ltd. and FCC Aviamar, LLC, has caused this certificate to be signed by its authorized person this A day of S r,h,,4,r , 2011. GBFC DEVELOPMENT, LTD., a Pronda7imited partnership fop, �v By: GBFC Development, LLC, a Delaware limited liability company, its General Partner By: FIDDLER'S CREEK LLC, a Delaware limited liability company, its Sole Member L.P., dd partnership, company, Aubra��hief Executive Officer, and n isidual capacity FtCCA- IAMAR, LLC a Florida limited liability company By: 4k, --'-' x V. Aubrej(J. Ferrao, aeManager and President, and not in his individual capacity OR 4717 PG 1152 -16t-qc CERTIFICATE OF MERGER OF DY ASSOCIATES, LLC AND FC PARC 73,, WITH AND INTO FCC PRESERVE, LLC Pursuant to Title 6, Section 18 -209 of the Delaware Limited liability Company Act. First The name and jurisdiction of each entity to merge is as follows: (i) FCC Preserve, LLC, a Florida limited liability company; (ii) FC Parcel 73, LLC, a Florida limited liability company; and (iii) DY Associates, LLC, a 3 �weT 3 &i� li b# company. Second: The Agreement and Plan er dated as of the LLC, FC Parcel 73, LLC and sieciates, LC (the "A approved and executed by each f th p reto. Third: The name of the surviv RI ' d i i[3 c a i Fourth: The merger shall bee baud thete'ol CA Fifth: The Agreement and Plan ger is on file at a pl liability company and the address is FCC Preserve; Fiddler's Creek Parkway, Naples, rim _ 114. Sixth: A copy of the Agreement and Plab -<- liability company on request and without cost which is to merge. of by and among FCC Preserve, Tree ent d Plan of Merger') has been g rvd� LLC. fcate of Merger. f - us' f the surviving foreign limited Bay Group of Companies, 8156 fished by the surviving foreign limited of the domestic limited liability company Seventh: The surviving foreign limited liability company agrees that it may be served with process in the State of Delaware in any action, suit or proceeding for which the enforcement of any obligation of the domestic limited liability company which is to merge, irrevocably appointing the Secretary of State as its agent to accept service of process in any such action, suit or proceeding, and the address to which a copy of such process shall be mailed to by the Secretary of State is: FCC Preserve, LLC, cto Gulf Bay Group of Companies, 8156 Fiddler's Creek Parkway, Naples, Florida 34114. [Remainder of page intentionally blank] #qc OR 4717 PG 1149 IN WITNESS WHEREOF, each of 951 Land Holdings, Ltd. and FCC Marsh, LLC, has caused this certificate to be signed by its authorized person this 1'-& day of Stogy . 2011. 951 LAND HOLDINGS, LTD., — -- - - - -a- Flay -ida invited par- tnership By: 951 LAND HOLDINGS, LLC, a Delaware limited liability company, its General Partner By: FIDDLER'S CREEK LLC, a Delaware limited liability company, its Sole Member r L.P., ' d partnership, �ts Manager company, Aubre b#f Executive Officer, J and no it h' +r' t'dual capacity TI-V- C11 C`1tIISH, LLC a Florida li 'ted liability company By: V- A�V� Aubrey J Ferrao, as TyKanager and President, and not 4n his individual capacity oR 4717 PG 1150 CERTIFICATE OF CONVERSION for GBFC DEVELOPMENT, LTD., a Florida limited partnership, FCC AVIAMAR, LLC, a Florida limited Iiability company tic This Certificate of Conversion and attached Articles of Organization are submitted to convert GBFC Development, Ltd., a Florida limited partnership, into FCC Aviamar, LLC, a Florida limited liability company, in accordance with §620.2104 and §608.439, Florida Statutes. 1. Immediately prior to the filing of this Certificate of Conversion with the Florida Department of State, the name of the entity converting hereby into a Florida limited liability company was GBFC Development, Ltd., z�l��mrt�' �artnership. 2. GBFC Development, Ltd. ed ender the r 9 the State of Florida on March 14, 2000. \ 3. Effective as of the d to f filing i Certi cate o C nversion with the Florida Department of State, GBFC De p t t i to Florida limited liability company, the name of which,�as t t o i t A i es f rganization, shall be FCC Aviamar, LLC, and the prin i e i all 1 o at 8156 Fiddler's Creek Parkway, Naples, Florida 3411 l 4. The Plan of Con versioa as of the date r relating to the conversion contemplated hereby, has been ap e e t r and limited partner of GBFC Development, Ltd. in accordance with tatutes. 5. The conversion contemplated hereby complies with all applicable laws relating to Iimited partnerships and limited liability companies organized under the laws of the State of Florida. 6. The effective date of the conversion contemplated hereby shall be the date on which this Certificate of Conversion is filed with the Florida Department of State. C 0a. OR 4717 PG 1153 IN WITNESS WHEREOF, said imited liability company has caused this certificate to be signed by its authorized representative this _9 day of —Se 2011. DY ASSOCIATES, LLC, a Delaware limited liability company By: FIDDLER'S CREEK LLC, a Delaware limited liability company, its Solt Member By: GBFC B, L.P., a Delaware limited partnership, its Manager elaware-! T city company, its General � r� - V/ OR 4717 PG 1154 08/3012011 12:40 8506565454 W-11 2 W1 Of CERTIFICATE OF CONVERSION for PAGE 02 a Florida limited partnership, into FCC VENETA, LLC, a Florida limited liability comp=y This Cm fmate of Conversion and attached Articles of Organization are submitted to convert GB Peninsula, Ltd., a Florida limited partnership, into FCC Veneta, LLC, a Florida limited I'AbfY eomPROYs in accordance with §620.2104 and §608,439, Florida Statutes. 1. Immediately prior to the filing of this Certificate of Conversion with the Florida Depm went of State, the naive of the cati ereby into a Florida. limited liability comPenY was GB Peninsula, Ltd., a Flo ' l 2. CID P ea msula, Ld was fv � � the laws of the lorida on March 10, 2000. 3. Effective as of the of this of n iou with the Florida Dgrar mmt of State, 013 Pe liability company, the nama of which, as set forth in ' n, be FCC Veneta, LLC, and the Principal °face, of P I 156 id 1 reek Parkway, Naples, Florida 34114. C� 4. Tine Plan of Conversio as of the �( ting to the conversion contemplated hereby, has be= by the general d limited partner of GB Peainsnln, Ltd. in accordance with C Florida S 5, the conversion contemplated hereby poi -aj applicable laws relating to limited PCPs and !united liability companies organized under the laws of the State of Florida. 6. The effective daft of the conversion contemplated hereby shall be the date on which this Ceriificafe of Conversion is filed with the Florida:. Department of State. OR 4717 PG 1155 08/30/2011 12:40 8506565454 SLMSTATERESEARCH PAGE 83 IN WITI sS WHEREOF, each of GB Peninsula, Ltd. and FCC Veneta, LLC, has caused this =fifieate to be signed by its authorized person this 'A day of of GB FENINSUWA LTD„ a Florida. limited partnership By: GB PL NSULA, iNC. a Florida co tian, its General P er By: \/- Name: Aubrey f. Ferran Title: D' and Pr 'dent . /. �? C OR 4717 PG 1156 68/3012011 12:40 0506555454 SUNSTATERESEARCH PACE 04 ARTICLES OF ORGANIZATION OF FCC VENETA, LLC UNDER THE FLORIDA LM MD LIABILITY COMPANY ACT AMCLE I -- NA.IvM Z'he name of the Limited Liability Company is FCC VENETA, LLC. ARTICLE II —ADDRESS The mailing and street addmss c t > e Limited Liability Company FCC Veneta, LLC c!o Guff Bay Ory p o C�m�'es` —T 8156 Fiddler's Naples, Florida 41 ARTIC M_ REGISMED AGENT, STEREO OFFICE AGENT "S SIGNATURE The name and address of the re CosporWon Service Compauy 1201 Hays Street Tallei asset M 32301 IhVW9 been mmed as registered agent and to accept service of process for the above stated limited liability company at the place designated in thin certificate, I hereby accept the appointment as registereed agent and ag= to act in this capacity. I further ag to the provisions of all statutes re lating to the m e co mp ree Proper comply with and Iete performance of my duties, and I am $emilisr with and accept the Obligations of my position as xegistercd agent as provided for in Chapter408, F.S. Corporation Service Cmcnpany gy- '7i"_! * ** OR 4717 PG 1157 * ** 08/30/2011 12:40 8586565454 SlNSTATERESEARCH PAGE 05 Ju acomidoce with section 608.408(3}, Florida Statutes, the execution of this document cunsd fts an affirmation under the penalties of perjury that the facts stated herein are true. The undersivaed fs�ware �ur�f Tse ink anon swim fte� -in a document to the epartment of State constitutes ia third degree felony as provided for in Section 817.155, Florida Statutes. IN Wt WESS W%EROF, the undersigned has executed these Articles of Organintion of FCC Veneta, LLC, this kz?;� day of 2ift, 2011. FIDDLER'S CREEK, LLC, a Delaware limited liability company, its Sole Member 6E F Name: Aub3 Title: Chief ar A'W 01 / — ION211I:i0IM' FIDDLER'S CREEK DISTRICT #2 EXPANSION AREA PROPOSED TIME TABLE FOR CONSTRUCTION OF IMPROVEMENTS FOR FIDDLER'S CREEK CDD #2 EXPANSION AREA CONSTRUCTION IS PROPOSED TO BE COMPLETED IN 2020 Exhibit "1" C: \Users\ dquintanilla \AppData\ Local\ Microsoft\ Windows \Temporary Internet Files\ Conte nt.0utlook \C0U37X15 \EXHIBIT 9 140418x.docx ,4-qc DISTRICT ENGINEER'S REPORT FOR EXPANSION OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 PREPARED FOR: BOARD OF SUPERVISORS FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 AND COLLIER COUNTY ENGINEERS: HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 34110 APRIL 18, 2014 C:\ Users\ dquintanillalAppDatal Loca]\Microsoft\Windows\Tcmporary Intemet Piles \Content .Outlook \COU37XJ5 \E )dtibit 8 - Engineers Report 140418.doc TABLE OF CONTENTS SECTION PAGE NO. 1. INTRODUCTION 3 2. DISTRICT BOUNDARIES AND PROPERTIES SERVED 6 -A£EXP-ANM 9 - - - -- 4. OPINION OF PROBABLE CONSTRUCTION COSTS 12 5. PERMITS 20 TABLES TABLE 1 - SUMMARY OF OPINION OF PROBABLE COSTS FOR THE PROPOSED DISTRICT #2 EXPANSION 13 TABLE 2 - DESCRIPTION OF THE DISTRICT #2 EXPANSION AREA COMPONENTS AND OPINION OF PROBABLE COSTS 14 EXHIBITS EXHIBIT 1 - LOCATION MAP 9 EXHIBIT 2 - PROPOSED DISTRICT #2 EXPANSION AREA 5 C:\ Users\ dquintanilla \AppData \Local\Microsoft \Windows \Temporary Internet Files\ Content .Outlook \COU37XJ5\Exhibit 8 - Engineers Report 140418.doc 2 �9� 1. INTRODUCTION 1.1 Description of the Fiddler's Creek Community The development within Fiddler's Creek Community Development District #2 is a 998.794 acre master planned residential community within Collier County, Florida (See Location Map - Exhibit 1). Along with the existing Fiddler's Creek Community Development District (sometimes referred herein as "Fiddler's Creek Community Development District 1" or as an alternate District 1), the Fiddler's Creek Community Development District #2 (sometimes referred herein as "District #2 ") will be fully amenitized and, when combined with the overall development in District 1 will offer a maximum of 6,000 residential units for the entire project. District #2 is anticipated to include single- family detached, patio and zero lot line, duplexes, single- family attached and townhouse, and multi - family dwellings; commercial areas; one 18 -hole golf course; stormwater management systems; utility infrastructure; irrigation facilities; landscaped roadways; gated entries; and landscaped perimeter berms. Fiddler's Creek District #2 was established to construct, operate, and maintain the necessary infrastructure to service the Fiddler's Creek District #2 community. 1.2 Purpose and Scope of the Report The purpose of this report is to provide a description of the proposed 69.30 acre expansion area to District #2. Exhibit 2 provides further detail for the proposed expansion area. C:1 Usersldyuintanilla\ AppDatalLocai \MicrosolilWindowslTcmporary Internet Filcs\ Content .Outl00k\COU37XJ51L'xhibit 8 - Engineers Report 140418.doe 3 a� N L U ,a U 006 a� m � i /2 l/. EXHIBIT "1" COLLIER BOULEVARD ( S.R. 951 ) � c'' +I -u O U � (nQ Mc0 U -a w� _ 'c r a� CL ®Q w O N f w c. W d �E a- p � �O ❑ J Q Z LLI w aw ❑ w #� U (~j j (A a ly ❑ w w ❑z p Hwy aT a o cv a FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 950 DOW* way FIDDLER'S CREEK tic: �� Pharr 3395 is4-�2M DISTRICT #�2 �A7M BY : CJ 0 FAF NAtE M Parch ew"cah of ai s� wacw Au"wrizanon No.1772 LOCATION MAP D.TME = EXHOr - (TEW a4 4 EXHIBIT 1 C:\U sers \dquintanilla1AppData \[.ocal \Microsoft \Windo�vs \Tcmporaty Internet Fil es\ ContcnL.Outlook\CO[137XJ5\Exhibit 8 - Engineers Report 140418.doc 4 -4qc EXHIBIT "2" C: \Users \dquintanillaVappDatalL a]Wicrosoft\Windows\Temporeryy Internet Files\ Content .Outlool,\COlJ37XJ51Exhibit 8 - Engineers Report 140418.doc C\Users\dquintanillalAppData \Local\ Microsoft \Windows \Temporary Internet Files\ Content .Outlook \COU37XJ5\Exliiblt 8 - Engineers Report I404I 8.doc 0 �qC 2. DISTRICT BOUNDARIES AND PROPERTIES SERVED 2.1 District Boundaries Exhibit 1 delineates the current and proposed boundaries of District #2. District #2 is surrounded by residential, agricultural, public and undeveloped land uses including U.S. 41 to the north; Imperial Wilderness Mobile Home Park and agricultural uses to the east; agricultural uses and District I to the south; a public school, agricultural uses, undeveloped lands and District 1 to the west. 2.2 Description of Properties Served District #2 is located in Sections 11, 13, 14, and 18, Township 51 South, Range 26 & 27 East, Collier County, Florida. The existing land within District #2 consists of agricultural fields and forested open space. The terrain is flat with elevations ranging from 3 to 4 feet NGVD. Ground water is generally located at or above the surface to one foot below natural grade during the rainy season. During the dry season water table elevations may drop 2 to 3 feet. The entire property within District #2 is zoned "Planned Unit Development" (PUD) and is depicted as such on Exhibit 1. 2.3 Existing Infrastructure District 42 is located within the Collier County Water -Sewer District which will provide water, wastewater and reclaimed water services to the project. The Collier County Board of County Commissioners serve as Ex- Officio governing board of the Collier County Water -Sewer District. C:\ Users\dquintanilla\AppUata\Local \Microsoft \Windows \Temporary Internet Filet\ Content.Outtook \COU37XJ5\Exhibit 8 - Engineers Report 1404I8.doc 7 P"C Potable water for the project will be provided by connection to and extension of existing County Water -Sewer District water mains. There are existing 12" diameter water mains located along Fiddler's Creek Parkway, Sandpiper Drive and Club Center Boulevard within the District #1 and #2 areas. In addition, water connections are made along U.S. 41. Potable water will be provided by the Collier County Regional Water System. Wastewater from the community will be collected within the site and transported by force main to existing facilities within District 1 and along U.S. 41. The wastewater is ultimately pumped via force main to the South County Regional Wastewater Treatment Facility. Reclaimed water service will be provided when it becomes available by the County Water -Sewer District from the South County Regional Wastewater Treatment Facility. Until the County Water -Sewer District is able to provide adequate reclaimed water from the South County Regional Wastewater Treatment Facility (and, if necessary in the future, to supplement the service), on -site irrigation water storage and pumping facilities will also be provided by District 92. District #2 is located within the McIlvane Bay watershed. Existing runoff from District #2 will flow via proposed lakes, storm drainage pipes and County drainage canals to state preserve lands to the south. The preserve lands discharge into McIlvane Bay which is a tidal system. District #2 is adjacent to one major roadway arterial which is U.S. 41 to the north District #2 will have two major connections to U.S 41. C:\ Users \dquintanilla\AppDataUL cal \Microsoft\Windows \Temporary Internet Files \Content.Outlook \COU37XJ5 \Exhibit 8 - Engineers Report 140418.doc The District is located within the franchise area of Florida Power and Light and cable service is available from various providers. These utilities provide electrical power, telephone service, and television cable to District 92. In summary, all utilities are available to the property within District #2 or will be during the development of the infrastructure. C:\ Users \dquintanilla\AppData \laical\ Microsoft \Windows\Temporary Intemet Filcs \Contcnt.Outlook \COU37XJ5 \Exhibit 8 -Engineers Report 140418.doc E PROPOSED DISTRICT #2 INFRASTRUCTURE The District #2 infrastructure will within the Expansion area generally consist of the following: 3.1 Roadways 3.2 Utilities 3.3 Earthwork and Clearing for Stormwater Management 3.4 Stormwater Management Facilities 3.5 Roadway Lighting 3.6 Landscaping 3.1 Roadways The roadways within the District #2 Expansion area will consist of 2 -lane undivided sections. The roadways will serve the residential areas within the District and will connect to proposed roadways within District #2. The roadways will be constructed within platted rights -of -way. It is currently estimated that 1.3 miles of roadway will be constructed within the expansion area. The roadways will be constructed of stabilized subgrade, limerock base, asphalt paving, paver blocks, curbing, sidewalks, bike paths, signage, and striping. The roadways will also include landscaping and street lighting which are described in subsequent sections. The roadways will be designed and constructed in accordance with appropriate Collier County and PUD standards. 3.2 Utilities The utilities within the District 42 Expansion area will consist of potable water, wastewater and irrigation systems which will be designed and constructed in accordance with appropriate Collier County Water -Sewer District and Florida Department of Environmental Protection standards. It is anticipated the water and wastewater facilities C:Wsers \dquintanilla\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content .Outlook \COU37XJ5\Exhihit 8 - Engineers Report 140418.doc 10 tbqc will be conveyed by District #2 to the Collier County Water -Sewer District for ownership, operation, and maintenance after completion of construction. The potable water facilities will include distribution mains with required valuing, fire hydrants and water services to individual lots and development tracts. Connections to the existing County system will be made at Fiddler's Creek Parkway, Sandpiper Drive, Club Center Boulevard and U.S. 41 as well. It is currently estimated that 1.4 miles of water main will be constructed. The wastewater facilities will include gravity collection mains with sewer services for the individual lots. The gravity mains will discharge into a proposed pump station within another phase to be constructed prior to the expansion area infrastructure. The pump station will pump wastewater via a forcemain to the existing Collier County facilities within the District 2 areas. It is currently estimated that 1.2 miles of gravity collection system will be constructed. The irrigation system will include water from lakes and /or reclaimed water, and irrigation transmission/distribution mains with service conduits for lots, right -of -ways, common areas, open space and development parcels. The irrigation transmission/distribution mains will deliver irrigation water from a pumping facility within another phase to users within the District #2 expansion area. It is estimated that 1.4 miles of irrigation transmission/distribution main will be constructed. 3.3 Earthwork and Clearing for Stormwater Management Stormwater management lakes within the District will be excavated and the material will be used for fill of roadways, perimeter berms, and development tracts. It is necessary to fill these components to provide minimum finished elevations for typical storm events and flood protection. Areas will be cleared to facilitate earthwork operations. C:\ Users \dquintanilla\AppData\Local \Microsoft\Windows \Temporary Internet Files\ Content .Outloolc \COU37XJ51LXhibit 8 - Engineers Report 140418.doc 11 EM The lakes will be excavated in accordance with the size and depth requirements of Collier County, South Florida Water Management District and the Deltona Settlement Agreement. Approximately 6 Ac. of lakes (200,000 cubic yards of material) will be excavated within the expansion area. All excavated material will remain on the site as required by Collier County requirements. 3.4 Stormwater Management Facilities The District #2 stormwater management system will consist of excavated stormwater management lakes, stabilized lake banks, drainage pipes, catch basins, swales, berms and water control structures. Stormwater runoff from the areas within District #2 will be collected and transported to the stormwater management lakes for water quality treatment and water quantity storage. The stormwater will discharge from water control structures to spreader swales which will discharge into preserve areas to the south. The Stormwater management system will be designed in accordance with South Florida Water Management District standards for water quality treatment, water quantity storage and flood protection. 3.5 Roadway Lighting Street lighting will be constructed along the roadways within the District expansion area. It is currently estimated that approximately 44 poles will be installed. Single or double luminaries will be installed as required. 3.6 Landscaping/Hardscape Landscaping will be provided for the roadways, perimeter berms, and buffer areas. The landscaping will consist of sod, annual flowers, shrubs, ground cover, and trees. C:\ Users \dquintanillalAppData \Local \Microsoft \Window \Temporary Internet Files\ Content _Outlook\COU37XT5 \FXhibit 8 - Engineers Report 140418.doc 12 zl�qc 4. OPINION OF PROBABLE CONSTRUCTION COSTS Table 1 presents a summary of the totals of the probable costs for the individual infrastructure components for the District 42 expansion area. The costs are in 2014 dollars. Cost contingencies are as noted in the table. Table 2 provides opinions of probable costs for the individual components of the expansion area infrastructure for roadways, utilities (water, wastewater, and irrigation), earthwork and clearing, stormwater management, roadway lighting and landscaping. To the subtotals, 15 percent technical services are added which includes the planning, land surveying, engineering, environmental permitting, landscape architecture, and other consulting, administrative and management services necessary for the design, permitting, and services during construction for the District infrastructure. Costs for contingencies are included in Table 1. The costs do not include the legal, administrative, financing, operation, or maintenance services necessary to finance, construct, and operate the District infrastructure. C:\ tJsers\ dquintanilla\ AppDataU, ocal\Microsoft\Windows\Temporary Internet Piles\ Content .Outlook\COtJ37XJ�1F.xhibit 8 - Engineers Report 140418.doc 13 « iy z< gZ 9 §w o■ �0 §§ Ef k� §� 0 LL § � \ {� / \{ !I! BON jk\ \ }({ � {\)) k\ ft�# _- � ƒi{ - ) }2! _\ [f] #9 )E \/ -t3 §0�k )f 2a|) )I Ln �) "� /9 =#- C«quiw& �AppA±,2.m. ows\Temporary Internet w&cnutlook\ocg7»ska- Engineers Report !4 49 w a 14 § § ) r.: / / / \ ; $ | . D J - k r _ o ) \ k k ) o » t 3 » ) ) ( § lu § � \ {� / \{ !I! 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C c°n CD °o Ct °w o° C m °) °o C ui t- z z rr w U m to u a'! `i � `m ca m U m Y O cQ R C t m ~ W CO Q 7 W N I C:1 Users\ dquintanilla\ AppDatal I, ocal\Microsoft \WindowslTemporary Internet Files\ Content0utlook \COU37XJ516xhibit 8 - Engineers Report 140418.doe 18 N W J m a W za w 0O z z aQ a Z W Oft F- LU W U W O U F O a a UY cr W W W Q ca V N a� CL O 0 � _0 tl x m 0 -Pl- ge C:1 Users\ dquintanilla\ AppDataU .oca[Nicrosofl\WindowsCCemporary Internet Piles\ Content .OudL)ok\COU37X751Exhibit 8 - Engineers Report 140418.doc 19 °° CD C tn N m :H o o N m f9 i°LO, ti R N} i° n rl- n m EH E m a v, N W m � u Q c Ul aw O E v rn o � OF co rn - x m 0 -Pl- ge C:1 Users\ dquintanilla\ AppDataU .oca[Nicrosofl\WindowsCCemporary Internet Piles\ Content .OudL)ok\COU37X751Exhibit 8 - Engineers Report 140418.doc 19 N W J m a a W a zz 20 U N 0 z a Nw z O# Uqt O 00 0 Y W W J W m 0 tY � d W J 0 I1 z W z O a O U z F- c� d Q 0 Ix X 0 C: \Users \dquintanilla\AppData\ Local \Microsoft \Windows \7'emporary Internet Files\Content .Outlook \COU37XJ5\Lahibit 8 - Engineers Report 140418.doc 20 am 8 fA 8 to � N fD N O Z3 z z F x � J U } d � O C 0 L N I6 rn J ° O J X 0 C: \Users \dquintanilla\AppData\ Local \Microsoft \Windows \7'emporary Internet Files\Content .Outlook \COU37XJ5\Lahibit 8 - Engineers Report 140418.doc 20 am N W J m Fa-- a W _a z p z w o z U O p � Q a O Z X U o a U LL. F— Q U to F- 00 = U Y C7 W W z J W Q U a O U p aLLI a p J O LL M-11103 C:\ Users\ dquinta3tillaLAppData \Local\Microsoft\Windows \Temporary Internet Filcs\ Content .Outlook \COLJ37XJ5 \Exhibit 8 - Engineers Report 140418.doc 21 0 O O 669 0 O O � o 0 M 69 a O M cm 44 w a U co Q x x Z CD v a m¢ U � O rn �C z ¢J E C r m R m m o o CD < ~ o J O C/) M-11103 C:\ Users\ dquinta3tillaLAppData \Local\Microsoft\Windows \Temporary Internet Filcs\ Content .Outlook \COLJ37XJ5 \Exhibit 8 - Engineers Report 140418.doc 21 C:\ Users \dquintanilla\AppData \Local \Micvosoft\Windows \Temporary Internet Files\ Content .Outlook \COU37XJ5\Gxhibit 8 - Engineers Report 140418.doc ON �c PERMITS The following permits are required prior to the start of infrastructure construction: • State of Florida Department of Community Affairs Development of Regional Impact approval (in place). • Collier County zoning approval (in place). - - -- - -- -- - - - - -- - -- - - - - -- -- Dredge andTV by the Unite d- Sfafes r y ores ot Engineers (in place). • Florida Department of Environmental Protection (FDEP) Water and Wastewater. • South Florida Water Management District Surface Water Management and Water Use. • Florida Department of Environmental Protection (FDEP) NPDES. • Local development orders (Collier County). • Florida Department of Transportation (FDOT) permit for entrances on U.S. 41. The District Engineer hereby certifies that all permits necessary to serve the expansion area have either been obtained or, in its expert opinion, will be obtained and that there is no reason to believe that the necessary permits cannot be obtained for the entire development. It is our opinion that the Opinion of Estimated Construction Cost presented herein is reasonable and adequate for the District's purposes to acquire and/or construct the proposed infrastructure systems. Further, that the proposed infrastructure systems will C:\ Users\ dquintanilla\ AppData\[.. ocal\N4icrosoft\Windows\Tcmporary Internet Piles \Content Outlook \COU37XJ5 \Exhibit 8 - Engineers Report 140418.doc 23 qC provide benefit to all lands within the District and these benefits will exceed in value the costs set forth herein. All the proposed District infrastructure systems identified in this report are consistent with and authorized pursuant to Chapter 190.012, Florida Statutes. C:\ Users\ dquintanilla \AppData\Local\Microsoti \Windows) Temporary Internet Files\Content.Outlook1C0U37XJ5 \Exhibit 8 - Engineers Report 1404I8.doc 24 Exhibit "J" Designation of Future General Distribution, Location, and Extent of Public and Private Uses of Land Proposed for Future Land Use � � z Ao O � N J T -� - - - -- fi �r a 1: Exhibit "K" Statement of Estimated Regulatory Costs :*qo EXHIBIT REVISED STATEMENT OF ESTIMATED REGULATORY COSTS BOUNDARY AMENDMENT TO FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 2 1.0 Introduction 1.1 Purpose and Scope This statement of estimated regulatory costs (SERC) supports the petition to amend the boundaries of Fiddler's Creek Community Development District 2 ( "District"). The District's boundaries are proposed to be reconfigured to include 69.30 additional acres making the total acreage of the District 1,068.09 acres. The District will provide infrastructure and community services to the additional 69.30 acres located within the new District boundaries as described more fully below. The limitations on the scope of this SERC are explicitly set out in Section 190.002(2)(d), F.S. as follows: "That the process of establishing such a district pursuant to uniform general law shall be fair and based on[y on factors material to managing and financing the service delivery function of the district, so that gny matter concerning permitting or planning of the development is not material or relevant (emphasis added)." 1.2 Overview of the proposed addition to the District The District will provide community infrastructure, services, and facilities, along with their operations and maintenance, to a portion of Fiddler's Creek ( "Development "). The preliminary development plan for the 69.30 acres proposed to be included within the District includes residential lots and supporting infrastructure. The type and number of units planned for these 69.30 acres is shown in Table 1, below. Exhibit "K" Table 1. Residential Lots Planned for the 69.30 Acres to be Annexed into the District LOT WIDTH UNIT COUNT 54 FT LOT 118 64 FT LOT 37 TOTAL 155 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S. (1966) defines the elements a statement of estimated regulatory costs must contain: (a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (b) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local government entities, required to comply with the requirements of the rule. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and including filing fees, the costs of obtaining a license, the costs of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and report. (d) An analysis of the impact on small businesses as defined by Section 288.703, F.S. and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. (Sumter County is defined as a small county for purposes of this requirement). (e) Any additional information that the agency determines may be useful. C (f) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule." 2.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. If this petition is granted, all landowners within the proposed boundaries of the District will come under the jurisdiction of the District. Of course, prior to the sell out of the real estate all of the undeveloped land owned by the landowner will also be under the jurisdiction of the District. 3.0 Good faith estimate of the cost to state and local government entities, of implementing and enforcing the proposed ordinance, and any anticipated effect on state and local revenues. 3.1 Impact on State and Local Revenues State Government Entities The proposed amended boundaries of the District will include 1,068.09 acres. Since the District was established by Collier County, Collier County will process the petition to amend the District's boundaries and the State will not conduct any review or analysis. The ongoing costs to various State entities to implement and enforce the proposed boundary amendment relate strictly to the receipt and processing of various reports that the District is required to file annually with the State and its various entities. These annual reports are outlined in the attached Appendix. However, the costs to these State agencies that will receive and process the reports will not be increased because the District would have been required to file these annual reports regardless of whether the proposed boundary amendment is approved. Collier County Collier County ( "County ") staff will process, analyze, and conduct public hearings on the petition to amend the District's boundaries. These activities will absorb some County resources. However, these costs to the County are likely to be minimal for a number of reasons. First, review of the petition does not include analysis of the development to be served by the District. Second, the petition itself provides much of the information needed for a staff review. Third, the County currently employs the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Finally, local governments routinely process similar petitions for land use and zoning changes that are far more complex than is the petition to amend the boundaries of an existing community development district. The annual costs to the local general purpose government, related to the continued existence of the District, are also very small and are within the control of the local government. The District is an independent unit of local government. The only annual costs incurred are the minimal costs of receiving and to the extent desired, reviewing the various reports that the District is required to provide to the local governments. 3.2 Impact on State and Local Revenue Adoption of the proposed ordinance will have no negative impact on State or local revenues. The District is an independent unit of local government. It is designed to provide community facilities and services to serve the development. It has its own sources of revenue. No State or local subsidies are required or expected. Furthermore, the petition involves only the amendment of the boundaries of an existing District. In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any unit of local government. By State law debts of the District are strictly its own responsibility. =k—q 4.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the rule. The District already exists and plans to provide community facilities and services to a portion of the Development. The proposal is to amend the District's boundaries. However, there will be no change in the scope of facilities or services provided by the District. The District will provide precisely the same services and facilities to the new District areas that it planned on providing to the lands located within the current boundaries of the District. Table 2 provides an outline of the various facilities and services the District provides. The District plans to fund, own, operate and maintain certain drainage and stormwater systems and landscaping. The District will also plan, construct, finance, and own the community roadways. The County will continue to provide the utilities. Amenities will be provided through the CDD and the Landowner through it property owners association and clubs. FacillitV Roads Utilities Amenities Drainage Landscape /Lakes Table 2. Proposed Facilities and Services Funded By CDD County CDD/Landowner CDD CDD O&M By CDD County CDD/Landowner CDD CDD Ownership CDD County CDDILandowner CDD CDD The property located within the 69.30 acres proposed to be included within the District's amended boundaries will be subject to District assessments for the infrastructure improvements that will specially benefit that property. The petitioner has estimated the costs for providing the capital facilities to serve these 69.30 acres. The infrastructure needed to support the development of the 69.30 acres is already installed. Therefore, there will be no additional cost. 4�_qC However, prospective future landowners in the District will be required to pay non -ad valorem assessments levied by the District to secure the debt incurred by the District through one or more bond issuances. In addition to the levy of non ad valorem assessments for debt service, the District will also impose a non ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. It is important to note that the various costs referenced above are typical for developments of the type contemplated here. In other words, there is nothing peculiar about the District's financing that requires additional infrastructure over and above what would normally be needed. Therefore, these costs are not in addition to normal development costs. Instead, the facilities and services provided by the District are substituting in part for eve o�pr - id -e -d -in rastructure and fa (i is ies. Along ese same Tines, District imposed assessments for operations and maintenance cost are similar to what would be charged in any event by a property owner's association common to most master planned developments. Real estate markets are quite efficient, because buyers and renters evaluate all of the cost and benefits associated with various alternative locations. Therefore, market forces preclude developers from marking up the prices of their products beyond what the competition allows. To remain competitive the operations and maintenance charges must also be in line with the competition. Furthermore, locating in the District by new residents is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the District's costs in tradeoff for the benefits that the District provides. The District is an alternative means to finance necessary community services. District financing is no more expensive, and often less expensive, than the alternatives of a municipal services taxing unit (MSTU), a neighborhood association, County provision (directly or via a dependent special district), or through developer -bank loans. Z#qc 5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. There will be no impact on small businesses because of the amendment of the District's boundaries. If anything, the impact may be positive. This is because the District must competitively bid certain of its contracts. This affords small businesses the opportunity to bid on District work. Collier County has an estimated population greater than 25,000 in the most current census (2010). Therefore, the County is not defined as a "small" County according to Section 120.52, F.S. However, as noted above there will be no adverse impact on either local government or small business due to the amendment of the District's boundaries. 6.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Developer's Engineer and other professionals associated with the Developer. Finally, it is useful to reflect upon the question of whether the District is the best alternative to provide community facilities and services to the Development. As an alternative to the District, the County could approve a dependent special district for the area, such as an MSBU or a special taxing district under Chapter 170, F.S. Either of these alternatives could finance the improvements contemplated in Table 2 in a fashion similar to the proposed District. However, unlike the District, the alternatives would require the County to continue to administer the project and its facilities and services. As a result, the costs for these services and facilities would not be sequestered to the land directly benefiting from them, as the case would be with the District. In addition, administering a project of the size and complexity of the development program anticipated for the District is very significant and expensive undertaking. 't With a District, residents and renters within the District would have a focused unit of government under their direct control. The District can then be more responsive to resident needs without disrupting other County responsibilities. Third, any debt of a District is strictly the District's responsibility. While it may be technically true that the debt of the County - established, dependent special district, is not strictly the County's responsibility, any financial problems that the special District may have inevitably will entangle the County. This will not be the case if the District's boundaries are amended. Another alternative to the District would be for the developer to provide the infrastructure and to use a property owners association (POA) for operations and maintenance of community facilities and services. A District is superior to a POA for a variety of reasons. First, unlike a POA a District can impose and collect its assessments along with other property taxes. Therefore, the District is far more assured of obtaining its needed funds than is a POA. Second, the proposed District is a unit of local government. Therefore, unlike the POA the District must abide by all governmental rules and regulations. W& Fishkind & Associates certifies that this SERC meets the requirements for a SERC as set out in Chapter 120.541, F.S. We have drafted more than 100 SERCs. Below is a listing of some of these SERCs. Montage Community Development Districts 1 -6 Spring Hills Community Development District Urban Orlando Community Development District Marshall Creek Community Development District Cedar Hammock Community Development District Meditera Community Development District Brooks Community Development District Pelican Marsh Community Development District Pelican Landing Community Development District Fiddler's Creek Community Development District 1 APPENDIX A LIST OF REPORTING REQUIREMENTS FLORIDA STATUTE REPORT CITE DATE Annual Financial Audit 11.45 9 months after end of fiscal year Annual Financial Report (AFR) 218.32 by March 31 TRIM Compliance Report 200.068 130 days after �r�„r =- t�I�t7t�d- F>- nancial- ©s�t��ure fi1-�3 -144 -Gy �1y 't— Public Depositor 215 by November 15 Proposed Budget 218.34 by September 1 Public Facilities Report 189.415 March 1 Public Meetings Schedule 189.417 beginning of fiscal year Bond Report 218.38 When issued Registered Agent 189.417 30 Days after PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, June 24th, 2014 in the Boardroom, 3rd Floor, Administration Building, (Bldg. F.) Collier County Government Center, 3299 E. Tamiami Trail, Naples, Florida, the Board of County Commissioners will hold a public hearing to consider the adoption of the following County Ordinance. The meeting will commence at 9:00 a.m. The title of the proposed ordinance is as follows: ORDINANCE NO. 2014 - AN ORDINANCE AMENDING ORDINANCE NO. 02 -61, THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NUMBER 2; AMENDING THE DISTRICT BY EXPANDING THE EXTERNAL BOUNDARIES, INCREASING THE DISTRICT FROM 998.79 ACRES TO 1,068.09 ACRES, OR 69.30 ADDITIONAL ACRES; PROVIDING AUTHORIZATION FOR THE EXERCISE OF SPECIAL POWERS REGARDING PARKS AND FACILITIES AND INDOOR AND OUTDOOR RECREATIONAL, CULTURAL AND EDUCATIONAL USES AND SECURITY, PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Existing +ADD #2 !District Boundary Area = I998.79 Ac. t f 3` 1 ! .__._.. i( !! �i�iQL�Ft'S CREEK �Pt.i�] ,rte Prop o I d COD #2 / Districtl Expansion Area = P9.30 Ac, The existing District is located entirely within Collier County, Florida, covering 998.79 acres of land, located in Sections 11, 13, 14, Township 51 South, Range 26 East, and Section 18, Township 51 South, Range 27 East. The proposed District is located entirely within Collier County, Florida in the proposed District annexation area covering 69.30 acres of land, located in portions of Sections 13, Township 51 South, Range 26 East and Section 18, Township 51 South, Range 27 East. The purpose of the hearing is to consider the adoption of an amendment to Ordinance 2002 -61, requesting the Board of County Commissioners consent to the Fiddler's Creek #2 Community Development District annexation of additional acreage and as requested by the Board of Supervisors, to exercise special powers as referenced above. All interested parties are invited to appear and be heard. Copies of the proposed amendment is available for inspection at the Collier County Clerk's Office, 4th floor, Administration Building, Collier County Government Center, East Naples, Florida; and at the Planning & Zoning Department, Comprehensive Planning Section, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to the document should be directed to the Planning & Zoning Department, Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Tuesday, June 24, 2014, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS - COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon Deputy Clerk (SEAL) No. 231148060 June 10 2014 -A--q C ,