Ordinance 2004-37
ORDINANCE NO. 2004-].]
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AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ESTABLISHING THE WENTWORTH
ESTATES COMMUNITY DEVELOPMENT
DISTRICT; DESCRIBING THE EXTERNAL
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BOUNDARIES OF THE DISTRICT; NAMING ,--
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THE INITIAL MEMBERS OF THE DISTRICT'S
BOARD OF SUPERVISORS; NAMING THE
DISTRICT; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING AN EFFECTIVE DATE.
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Recitals
WHEREAS, V.K. Development Corporation (Petitioner) has petitioned the Board of
County Commissioners (Board) of Collier County, Florida, a political subdivision of the State of
Florida, to establish the WENTWORTH ESTATES COMMUNITY DEVELOPMENT
DISTRICT (District); and
WHEREAS, the Board of County Commissioners, after proper published notice has
conducted a public hearing on the petition and determined the following with respect to the
factors to be considered in Section 190.005(1)(e), as required by Section 190.005(2)(c), Florida
Statutes:
I. 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 proposed District is consistent with any applicable element
or portion of the local comprehensive plan of Collier County, known as the
Collier County Growth Management Plan or the State Comprehensive Plan.
3. The area of land within the proposed District is of sufficient size, is sufficiently
compact and 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 wilJ 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.
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6. The area that will be served by the District is amenable to separate special-district
government; and
WHEREAS, Petitioner has committed to the Board that the Petitioner, its successors and
assigns, shall (1) elect one resident of the District to the five member Board of Supervisors at
such time as residents begin occupying homes in the District and (2) record a Notice of
Assessments containing the specific terms and conditions of any special assessments imposed to
secure bonds issued by the District, which notice shall be recorded immediately after any such
bond issuance (these commitments shall hereinafter be collectively referred as "Petitioner's
Commitments"); and
WHEREAS, it is the policy of this State, as provided for in Section 190.0Ó2 (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
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 other
applicable provisions of law governing county ordinances.
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SECTION TWO: ESTABLISHMENT OF THE WENTWORTH ESTATES
COMMUNITY DEVELOPMENT DISTRICT.
The Wentworth Estates Community Development District is hereby established within
the boundaries of the real property described in Exhibit "A" attached hereto and incorporated by
reference herein.
SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS
The following five persons are herewith designated to be the initial members of the Board
of Supervisors:
1.
Lydia Kiser
200 S. Orange Avenue #1900
Orlando, FL 32801
4.
Chris Hagan
2158 Johnson Street
Ft. Myers, FL 33902-1550
2.
Justin Rowan
200 S. Orange Avenue #1900
Orlando, FL 32801
5.
David Tricker
200 Vista Lane
Naples, FL 34119
3. Steve Morrison
2158 Johnson Street
Ft. Myers, FL 33902-1550
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"Wentworth Estates Community Development District."
SECTION FIVE: STATUTORY PROVISIONS GOVERNING DISTRICT
The provisions of Chapter 190, Florida Statutes, and all other applicable general and local
law shall govern the Wentworth Estates Community Development District.
SECTION SIX:
CONSENT TO SPECIAL POWERS:
Upon the effective date of this Ordinance, the Wentworth Estates Community
Development District shall be duly and legally authorized to exist and ex,ercise 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.
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SECTION SEVEN: PETITIONER'S COMMITMENTS
The adoption of this ordinance is predicated upon the material inducements contained in
the foregoing Recital setting forth Petitioner's Commitments, re- stated as follows: that the
Petitioner, its successors and assigns, shall (I) elect one resident of the District to the five
member Board of Supervisors at such time as residents begin occupying homes in the District,
and (2) record a Notice of Assessments containing the specific terms and conditions of any
special assessments imposed to secure bonds issued by the District, which notice shall be
recorded immediately after any such bond issuance. The Board shall retain any and all rights
and remedies available at law and in equity to enforce Petitioner's Commitments against
Petitioner, its successors and assigns.
SECTION EIGHT: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phase 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 NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the work "ordinance" may be changed to "section",
"article", or any other appropriate word.
SECTION TEN: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this 8th day of June, 2004.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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BY:
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Approved as to form
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PATRICK G. WHITE
Assistant County Attorney
Ïhis ordinance filed with the
~Ory of tate's Of!tbot
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Clnd ocknowl gement gt that
filiog received this day
of 2rb
BY' . P.t.
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. DESCRIPTION EXHIBIT A
PARCELl
Description of Part of Sections 29,30 and 31, Township 50 South, Range 26 East, Collier County, Florida Beginning at the northwest comer of
Section 30; thence along the north line of said Section 30, North
88°23'16" East, 2491.52 feet; thence continue along the north line of said Section 30 North 88°13'29" East 1636.98 feet to the southwesterly rig
way of Tamiami Trail (US 41) (200' right-of-way); thence along
said right-of-way South 39°03'42" East 2333.04 feet; thence leaving said right-of-way South 38° 17'43" West 581.30 feet; thence North 89034'4:
348.55 feet; thence South 02°48'31" West 308.99 feet; thence
South 88°28'28" West 30.00 feet to the east quarter comer of said Section 30; thence along the north line of those lands described in Official ReI
Book (OR Book) 105, pages 595-597 and OR Book 105, Pages 592-594, Public Records of Collier County, Fl~rida, South 870]4'44" West 683.
thence along the
west line of said land described in OR Book 105, pages 592-594 South 00°20'37" West 672.63 feet; thence along the south line of said lands No
87°26'41" East 654.42 feet to the west line of Myrtle Cove Acres
Unit No.1 as recorded in Plat Book 3, page 38, Public Records of Collier County, Florida; thence along the west line of said Unit No.1 South 02
West 1919.99 feet to the southeast comer of said Section 30; thence along the east line of said Section 31, South 02045'30" West 2335.35 feet; t)
South 83°30'57" West 1549.05 feet; thence North 56°10'37" West 816.27 feet; thence North 89°29'19" West 558.68 feet;
thence North 01 °35'00" East 1675.69 feet; thence North 89°27'15" West 508.31 feet; thence South 70°33'22" West 1109.51 feet; thence due WI
357.35 feet to the west line of said Section 31; thence along the west line of said Section 3 ], North 00° 19'55" East 4] 2.36 feet to the northwest (
said Section 31; thence along the west line of said Section 30, North 00°20'37" East 2685.56 feet to the west quartet: comer of said Section
30; thence continue along the west line of said Section 30, North 00°22']8" East 2687.69 feet to the said Point of Beginning;
Less and except the following described parcel of land:
A parcel ofIand situated in Section 30, Township 50 South, Range 26 East, Collier County, Florida being more particularly described as follow:
; 1 Commence at the Northwest comer of Section 30, Township 50 South, Range 26 East, Collier County, Florida for a Point of Beginning and fI
North 88°23'16" East along the north line of said Section 30, a distance of 2030. 79 feet to an intersection with the west line of a 11 O-foot right-
as recorded in Official Records
. Book 192, page 513 of the Public Records of Collier County, Florida; thence run South 0 I °36'32 " West along said west line, a distance of 1038.
to a point on a curve being concave southerly and having a radius of
524.71 feet, a central angl e of 19"50'21" and a chord bearing and distance of North 88°] 7'59" West, 180.78 feet,
respectively; thence run westerly along said curve, an arc distance of 181.69 feet; thence run along a non-tangential line South 86°32'53" West,
distance of226.34 feet to the point of curvature ofa curve being concave southerly and having a radius of 649.22 feet, a central angle of 17°58'2:
chord bearing and distance of South
»)0-') J -\" -'t.'1. \, '1-'1. %- -'t. 't. \, j't. 'I.-'t-~-'tl-y-, \'n"ell-'t TUn "Wt;"&I-I-y -a\\ffig --a)b curve. 'all BI\; mS'L'aIlce o'i'I-").bb 'ieel;
thence run along a non-tangential line South 62°38'23" West, a distance of 134.]4 feet; thence run South 17°06'51" West, a distance of 49.03 fe,
thence run South 00°32'01" West, a distance ot71O.96 feet; thence run North
79°28'24" West, a distance ot78.01 feet to a point on a curve being concave southerly and having a radius of
410.07 feet, a central angle of61 °25']9" and a chord bearing and distance of South 77°42'06" West, 418.85 feet,
respectively; thence run westerly along said curve, an arc distance of 439.60 feet to a point on a non-tangential curve being concave southeaster
having a radius of307.09 feet, a central angle of 14°54'19" and a chord bearing and distance of South 41 °24'48" West, 79.66 feet, respectively;'
run southwesterly along said curve, an arc distance ot79.89 feet to the point of reverse curvature of a curve being concave northwesterly and ha'
radius of 46. 70
feet, a central angle of53°09'03" and a chord bearing and distance of South 60°32'10" West, 41.78 feet, respectively; thence run southwesterly,
said curve, an arc distance of 43.32 feet; thence run along a non-tangential line South 85°14'02" West, a distance of 143.73 feet to a point on a c
being concave northeasterly and having a radius of203.40 feet, a central angle of 5 I °36'36" and a chord bearing and distance of North 70050'2
West, 177.08 feet,
respectively; thence run northwesterly along said curve, an arc distance of 183.21 feet to a point on a non-tangential reverse curve being concav,
southeasterly and having a radius of 205.00 feet, a central angle of75°21 '41" and a
chord bearing and distance of South 70°42'43" West, 250.62 feet, respectively; thence run southwesterly along said curve, an arc distance of269
thence run North 56°58'08" West, a distance of30.60 feet; thence run South 46°44'30" West, a distance of 41.78 feet; thence run South 90000'00
a distance of 10.00 feet; thence run North 88°51 '11" West, a distance of31.l9 feet; thence run North 80°45'12" West, a distance of 50. 56 feet to
intersection with the west line of said Section 30; thence run North 00°22'18" East along said west line,.a distance __
of2047.80 feet to the said Point of Beginning. . ._
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Containing 28,802,253.34 square feet or 661.21 acres ofland, more or less.
II II
EXHIBIT A - Cant. .
ALSO INCLUDING nIB FOLLOWING: ,
PARCEL 2
Description of Part of Section 32, Township 50 South, Range 26 East, Collier County, Florida:
Beginning at the southwest comer of said Section 32; thence along the west line of said Section 32, North 02048'47'"
East, 2394.57 feet; thence leaving said west line North 59°56'0 ï " East 2041.35 feet to the boundary of the plat of
Trail Acres Unit 2, Plat Book 4, page 62, Collier County, Florida; thence along said plat boundary South 39°03'07" East 1309.16 feet; thence co
along said plat boundary North 50°55'09" East 762.41 feet; thence leaving said plat boundary South 39°04'51" East 430.46 feet; thence North 5(
East 199.96 feet to the boundary of the plat of Trail Acres Unit 3, Plat Book 3, page 94, Collier County, Florida; thence along said plat boundar;
39°01 '39" East 962.] 9 feet; thence continue along said plat boundary South 87°34'] 9" East 1003.95 feet to the east line of said Section 32; then
leaving said plat boundary and along said east line, South 02°32'54" West 1912.12
feet to the southeast comer of said Section 32; thence along the south line of said Section 32, North 89°40'29" West 2625.95 feet to the south qu
comer of said Section 32; thence continue along the south line of said Section 32, North 89°40'08" West 2625.60 feet to the said Point of Begiru
Containing 313.76 acres, more or less.
Subject to easements and restrictions of record. I
Bearings are based on the south line of said Section 31 being North 89°41 '53" West. ALSO INCLUDING THE FOLLOWING;
PARCEL 3 (an easement i-terest only in Parcel 3)
A parcel of land situated in Section 31, Township 50 South, Range 26 East, Collier County, Florida and being more particularly described as fol
Commence at the southeast comer of Section 31, Township 50 South, Range 26 East, Collier County, Florida and
run North 02°48'47" East along the east line of said Section 31, a distance of 1899.79 feet to the Point of Beginning; thence run South 89053'46'
distance of 409.72 feet to the point ofcUI"Vature ofa CUl''Ve being concave
northeasterly and having a radius of355.00 feet, a central angle ot73°29'53" and a chord bearing and distance of
North 53°21'18" West, 424.80 feet, respectively; thence run northwesterly along said CUI"Ve, an arc distance of 455.39 feet to the point of tang
said CUl"Ve; thence run North] 6°36'21" West, a distance of 497 .55 feet to the point
of CUI " Vature of a CU1"Ve being concave southwesterly and having a radius of 445.00 feet, a central angle of18°47'05" and a chord bearing ar
distance of North 25°59'54" West, 145.24 feet, respectively; thence run northwesterly along said CUI"Ve, an arc distance of 145.90 feet; thence
North 83°30'57" East, a distance of ]22.06 feet to a point on a CUl"Ve being concave southwesterly and having a radius of 555.00 feet, a centra
of 12°40'55" and a chord
bearing and distance of South 22°56'49" East, 122.59 feet, respectively; thence run southeasterly along said CUI"Ve, an arc distance of 122.84 f
the point of tangency of said CUl"Ve; thence run South 16°36'21" East, a distance of 497.55 feet to the point ofCUI"Vature ofa CUI"Ve being
northeasterly and having a radius of245.00 feet, a central angle of73°29'53" and a chord bearing and distance of South 53021'18" East, 293.17 f(
respectively; thence run southeasterly along said CUI"Ve, an arc distance of 314.28 feet to the point of tangency of said curve; thence run North
89°53'46" East, a distance of 415.33 feet to an intersection with said east line of Section 31; thence run South 02°48'47" West along said east lin
distance of 110.14 feet to the said Point of Beginning.
Containing 157,195.12 square feet or 3.61 acres ofland, more or less.
Total acreage of Parcels 1,2 and 3 is 978.58 acres ofland, more or less.
20f2
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth JUdicial Circu~~, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2004-37
Which was adopted by the Board of County Commissioners
on the 8th day of June 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of June, 2004.
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By: Heidi R. RÖ'aJÇ~~l, """:"'Ä~.."
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