Agenda 10/13/2020 Item #17D (Ordinance - Flow Way CDD)10/13/2020
EXECUTIVE SUMMARY
Recommendation to consider the adoption of an ordinance amending Ordinance No. 2002-09, as
previously amended by Ordinance 2016-35, to increase the acreage of the Flow Way Community
Development District (CDD) pursuant to Chapter 190.046, Florida Statutes.
OBJECTIVE: The Collier County Board of County Commissioners (Board) adopted the Ordinance
consenting to the modification of the District boundaries by the Board of Supervisors of Flow Way
Community Development District pursuant to Chapter 190.046, Florida Statutes, to add 10+ acres to the
Flow Way CDD.
BACKGROUND: The Esplanade Golf and Country Club of Naples (RPUD), formerly Mirasol PUD,
approved by the Board on October 14, 2014, by Ordinance 2014-36, and subsequently amended on May
28, 2019, by Ordinance No. 2019-07, consists of +1,668 acres, and is approved for 1,184 residential units;
the residential portion of the RPUD comprises approximately 859.40 acres of the total RPUD.
On February 26, 2002, by Ordinance No. 2002-09, the Board established the Flow Way CDD, and
subsequently amended by the Board on November 15, 2016, by Ordinance No. 2016-35, currently
encompasses 849.40 acres of the 859.40 acres designated for residential development within the
Esplanade Golf and Country Club of Naples RPUD.
CONSIDERATIONS: The Flow Way CDD is located generally on the north side of Immokalee Road,
+ ¼ mile west of Collier Boulevard, within Sections 10, 15 and 22, Township 48 South, Range 26 East,
Collier County, Florida.
On August 21, 2020 Gregory Urbancic, Esq., of Coleman, Yovanovich and Koester, on behalf of Taylor
Morrison Esplanade Naples, LLC through the Board of Supervisors of the Flow Way CDD (the
petitioner), submitted a petition to the Growth Management Department, requesting a modification
(expansion) to the existing boundaries of the Flow Way Community Development District, in order to
manage and finance certain infrastructure for the benefit of the landowners and residents of the Esplanade
Golf and Country Club of Naples (RPUD).
This is a request by the developer through the Board of Supervisors of the Flow Way CDD to increase the
District boundaries by an additional 10+ acres, as described in Exhibit “D” of the petition, providing for a
total of 859.40+ acres, the residential component of the RPUD. The proposed CDD expansion, which
correlates to the +10-acre expansion of the RPUD in 2019, will comprise approximately 36 residential
units, and is located within Section 22, Township 48 South, Range 26 East, Collier County, Florida.
FISCAL IMPACT: The “Statement of Estimated Regulatory Costs” (Exhibit J) and Engineer’s Report
(Exhibit K) provides for the fiscal impacts and timing of impacts to be managed by the District. It is
noteworthy that the estimated initial internal public infrastructure and services to be financed and
managed by the CDD is expected to be approximately $1,490,120.25 for the expansion area.
GROWTH MANAGEMENT IMPACT: The 10+ acre addition to the Flow Way CDD is designated
Urban Mixed-Use District, Urban Residential Subdistrict, and is within a Residential Density Band, as
depicted on the Collier County Future Land Use Map. Although the amendment to this District does not
constitute any development approval, the plan of development previously approved for the subject
property (Esplanade Golf & Country Club of Naples Planned Unit Development) 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
17.D
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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.
LEGAL CONSIDERATIONS: This item is authorized under Chapter 190.046, Florida Statutes, is
approved as to form and legality and requires a majority vote for Board approval. - JAK
RECOMMENDATION: To adopt the proposed Ordinance authorizing Flow Way CDD’s Board of
Supervisors’ request to increase the boundaries of the District pursuant to Chapter 190.046, Florida
Statutes.
Prepared by: Michele Mosca, AICP, Principal Planner, Zoning Division, Community Planning Section
ATTACHMENT(S)
1. Ordinance Amendment Flow Way Final (PDF)
2. Exhibit A to Ordinance- Metes and Bounds of Current External Boundaries 849.40 (PDF)
3. Exhibit B to Ordinance - Modified Metes and Bounds Description 859.40 acres (PDF)
4. Flow Way Statement of Estimated Regulatory Costs (Exhibit J) (PDF)
5. Flow Way Engineer's Report (Exhibit K) (PDF)
6. [Linked] Flow Way CDD Support Documents (PDF)
7. Advertisement (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.D
Doc ID: 13582
Item Summary: Recommendation to consider the adoption of an ordinance amending Ordinance
No. 2002-09, as previously amended by Ordinance 2016-35, to increase the acreage of the Flow Way
Community Development District (CDD) pursuant to Chapter 190.046, Florida Statutes.
Meeting Date: 10/13/2020
Prepared by:
Title: Planner, Principal – Zoning
Name: Michele Mosca
09/16/2020 1:06 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
09/16/2020 1:06 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 09/16/2020 1:48 PM
Zoning Anita Jenkins Additional Reviewer Completed 09/17/2020 9:48 AM
Growth Management Department James C French Deputy Department Head Review Completed 09/17/2020 3:16 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 09/21/2020 2:34 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/21/2020 2:53 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 09/22/2020 12:57 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/06/2020 8:15 AM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 10/06/2020 11:58 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/13/2020 9:00 AM
17.D
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ORDINANCE NO. 2020 - _______
AN ORDINANCE AMENDING ORDINANCE NO. 2002-09, THE FLOW
WAY COMMUNITY DEVELOPMENT DISTRICT, AS PREVIOUSLY
AMENDED BY ORDINANCE 2016-35; AMENDING THE DISTRICT BY
EXPANDING THE EXTERNAL BOUNDARIES, INCREASING THE
DISTRICT FROM 849.40 ACRES TO 859.40 ACRES, OR 10.00
ADDITIONAL ACRES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on February 26, 2002, the Board of County Commissioners (Board) adopted
Ordinance No. 2002-09 establishing the Flow Way Community Development District, as a
community development district within the meaning of Chapter 190, Florida Statutes; and
WHEREAS, the original boundaries set forth in Ordinance No. 2002-09 established
boundaries resulting in 829.74 acres, more or less; and
WHEREAS, on November 15, 2016, the Board adopted Ordinance No. 2016-35,
amending the boundaries of the Flow Way Community Development District by annexing 19.66
acres as authorized by Section 190.046(1), Florida State Statutes, which resulted in a total acreage
of 849.40 acres; and
WHEREAS, the Board of Supervisors of the Flow Way Community Development District
(Petitioner), has petitioned the Board to annex an additional 10.00 acres as authorized by Section
190.046(1), Florida Statutes, which would result in a total acreage of 859.40 acres; 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 state and local 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.
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 1,000 acres on a cumulative net basis.
17.D.1
Packet Pg. 2476 Attachment: Ordinance Amendment Flow Way Final (13582 : Flow Way Community Development District Amendment)
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5. The District continues to be the best alternative available for delivering community
development services and facilities to the area serviced 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.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT OF ORDINANCE NO. 2002-09, AS PREVIOUSLY
AMENDED BY ORDINANCE 2016-35.
The current 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 859.40 acres of land, more or less, as
described in Exhibit B.
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any 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 FOUR: 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
17.D.1
Packet Pg. 2477 Attachment: Ordinance Amendment Flow Way Final (13582 : Flow Way Community Development District Amendment)
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relettered to accomplish such, and the word “ordinance” may be changed to “section,” “article,”
or any other appropriate word.
SECTION FIVE: 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 _______________________, 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk BURT L.SAUNDERS, CHAIRMAN
Approved as to form and legality:
_______________________________
Jeffrey A. Klatzkow, County Attorney
17.D.1
Packet Pg. 2478 Attachment: Ordinance Amendment Flow Way Final (13582 : Flow Way Community Development District Amendment)
EXHIBIT "A"17.D.2
Packet Pg. 2479 Attachment: Exhibit A to Ordinance- Metes and Bounds of Current External Boundaries 849.40 (13582 : Flow Way Community Development
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Packet Pg. 2480 Attachment: Exhibit A to Ordinance- Metes and Bounds of Current External Boundaries 849.40 (13582 : Flow Way Community Development
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Packet Pg. 2481 Attachment: Exhibit A to Ordinance- Metes and Bounds of Current External Boundaries 849.40 (13582 : Flow Way Community Development
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Packet Pg. 2482 Attachment: Exhibit A to Ordinance- Metes and Bounds of Current External Boundaries 849.40 (13582 : Flow Way Community Development
17.D.2
Packet Pg. 2483 Attachment: Exhibit A to Ordinance- Metes and Bounds of Current External Boundaries 849.40 (13582 : Flow Way Community Development District Amendment)
17.D.2
Packet Pg. 2484 Attachment: Exhibit A to Ordinance- Metes and Bounds of Current External Boundaries 849.40 (13582 : Flow Way Community Development District Amendment)
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LEGAL DESCRIPTION
A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN
SECTIONS 10, 11, 15 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, SAID PARCEL ALSO BEING A PORTION OF
ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES, AS RECORDED IN PLAT BOOK 53, PAGES 1 THROUGH 64
(INCLUSIVE) AND A PORTION OF ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES DILILLO PARCEL, AS
RECORDED IN PLAT BOOK 61, PAGES 73 THROUGH 76 (INCLUSIVE) AND BEING FURTHER DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE SOUTHERLY
BOUNDARY OF SAID ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES AS RECORDED IN PLAT BOOK 53,
PAGES 1 THROUGH 64 (INCLUSIVE); THENCE ALONG THE SOUTHERLY BOUNDARY OF THE PLAT OF SAID
ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES, NORTH 89°58'48" WEST, A DISTANCE OF 990.32 FEET;
THENCE NORTH 00°1741 WEST, A DISTANCE OF 1332.48 FEET; THENCE NORTH 89°5945 EAST, A DISTANCE
OF 328.98 FEET; THENCE NORTH 00°2027 WEST, A DISTANCE OF 1332.63 FEET TO AN INTERSECTION WITH THE
SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE
ALONG SAID SOUTH FRACTION LINE, SOUTH 89°5817 WEST, A DISTANCE OF 655.76 FEET; THENCE NORTH
00°1437 WEST, A DISTANCE OF 1332.01 FEET; THENCE ALONG SAID FRACTION LINE, SOUTH 89°5709 WEST,
A DISTANCE 653.40 FEET; THENCE NORTH 00°0900 WEST, A DISTANCE OF 1332.05 FEET TO AN INTERSECTION
WITH THE NORTH LINE OF SAID SECTION 22; THENCE ALONG THE NORTH LINE OF SAID SECTION 22, SOUTH
89°5439 WEST, A DISTANCE OF 651.08 FEET TO THE NORTHWEST CORNER OF SAID SECTION 22, SAID POINT
ALSO BEING THE SOUTHWEST CORNER OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 26 EAST AND ALSO
BEING THE WESTERLY BOUNDARY OF SAID PLAT OF ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES;
THENCE ALONG THE WEST LINE OF SAID SECTION 15 AND THE WESTERLY BOUNDARY OF SAID ESPLANADE
PLAT THE FOLLOWING TWO COURSES, COURSE ONE: NORTH 00°07'09" WEST, A DISTANCE OF 2,663.01 FEET TO
THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 15; COURSE TWO: THENCE
ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 15, NORTH 00°07'13" WEST, A
DISTANCE OF 988.29 FEET TO A POINT ON A NON-TANGENTIAL CURVE, SAID POINT ALSO BEING THE
SOUTHWEST CORNER OF TRACT P6 OF SAID PLAT OF ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES;
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT P6 THE FOLLOWING 45 COURSES; COURSE
ONE: NORTHEASTERLY, 185.62 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 359.00 FEET, THROUGH A CENTRAL ANGLE OF 29°37'31" AND BEING SUBTENDED BY A
CHORD THAT BEARS NORTH 54°28'20" EAST, 183.56 FEET TO A POINT OF REVERSE CURVATURE; COURSE TWO:
THENCE NORTHEASTERLY, 124.90 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 381.00 FEET, THROUGH A CENTRAL ANGLE OF 18°46'59" AND BEING
SUBTENDED BY A CHORD THAT BEARS NORTH 49°03'05" EAST, 124.34 FEET TO A POINT OF REVERSE
CURVATURE; COURSE THREE: THENCE NORTHEASTERLY, 150.54 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 312.00 FEET, THROUGH A CENTRAL ANGLE OF
27°38'40" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 44°37'14" EAST, 149.08 FEET TO A POINT
OF REVERSE CURVATURE; COURSE FOUR: THENCE NORTHEASTERLY, 123.39 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1,988.00 FEET, THROUGH A CENTRAL
ANGLE OF 03°33'22" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 32°34'35" EAST, 123.37 FEET TO
A POINT OF REVERSE CURVATURE; COURSE FIVE: THENCE NORTHERLY, 252.43 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 412.00 FEET, THROUGH A CENTRAL ANGLE
OF 35°06'17" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 16°48'08" EAST, 248.50 FEET TO A POINT
EXHIBIT "B"17.D.3
Packet Pg. 2485 Attachment: Exhibit B to Ordinance - Modified Metes and Bounds Description 859.40 acres (13582 : Flow Way Community Development
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OF REVERSE CURVATURE; COURSE SIX: THENCE NORTHERLY, 81.37 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 188.00 FEET, THROUGH A CENTRAL ANGLE OF 24°47'52"
AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 11°38'55" EAST, 80.73 FEET; COURSE SEVEN:
THENCE NORTH 24°02'48" EAST, A DISTANCE OF 139.54 FEET TO A POINT OF CURVATURE; COURSE EIGHT:
THENCE EASTERLY, 184.18 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A
RADIUS OF 98.00 FEET, THROUGH A CENTRAL ANGLE OF 107°41'02" AND BEING SUBTENDED BY A CHORD THAT
BEARS NORTH 77°53'19" EAST, 158.25 FEET TO A POINT OF REVERSE CURVATURE; COURSE NINE: THENCE
EASTERLY, 199.50 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS
OF 212.00 FEET, THROUGH A CENTRAL ANGLE OF 53°55'06" AND BEING SUBTENDED BY A CHORD THAT BEARS
SOUTH 75°13'43" EAST, 192.22 FEET; COURSE TEN: THENCE NORTH 77°48'44" EAST, A DISTANCE OF 98.12 FEET
TO A POINT OF CURVATURE; COURSE ELEVEN: THENCE EASTERLY, 68.66 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 88.00 FEET, THROUGH A CENTRAL ANGLE
OF 44°42'20" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 79°50'06" EAST, 66.93 FEET; COURSE
TWELVE: THENCE SOUTH 57°28'56" EAST, A DISTANCE OF 38.87 FEET TO A POINT OF CURVATURE; COURSE
THIRTEEN: THENCE EASTERLY, 140.15 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY,
HAVING A RADIUS OF 112.00 FEET, THROUGH A CENTRAL ANGLE OF 71°41'55" AND BEING SUBTENDED BY A
CHORD THAT BEARS NORTH 86°40'07" EAST, 131.19 FEET TO A POINT OF REVERSE CURVATURE; COURSE
FOURTEEN: THENCE NORTHEASTERLY, 113.60 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 225.00 FEET, THROUGH A CENTRAL ANGLE OF 28°55'44" AND BEING
SUBTENDED BY A CHORD THAT BEARS NORTH 65°17'01" EAST, 112.40 FEET TO A POINT OF REVERSE
CURVATURE; COURSE FIFTEEN: THENCE NORTHEASTERLY, 101.15 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 212.00 FEET, THROUGH A CENTRAL ANGLE OF
27°20'10" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 66°04'48" EAST, 100.19 FEET TO A POINT
OF REVERSE CURVATURE; COURSE SIXTEEN: THENCE EASTERLY, 38.76 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 38.00 FEET, THROUGH A CENTRAL ANGLE OF 58°26'43"
AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 81°38'05" EAST, 37.10 FEET TO A POINT OF REVERSE
CURVATURE; COURSE SEVENTEEN: THENCE EASTERLY, 119.37 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 212.00 FEET, THROUGH A CENTRAL ANGLE OF 32°15'37" AND
BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 85°16'22" EAST, 117.80 FEET TO A POINT OF REVERSE
CURVATURE; COURSE EIGHTEEN: THENCE EASTERLY, 75.62 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS OF 188.00 FEET, THROUGH A CENTRAL ANGLE OF 23°02'51" AND
BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 89°52'45" EAST, 75.12 FEET TO A POINT OF REVERSE
CURVATURE; COURSE NINETEEN: THENCE EASTERLY, 172.97 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 212.00 FEET, THROUGH A CENTRAL ANGLE OF 46°44'53" AND
BEING SUBTENDED BY A CHORD THAT BEARS NORTH 78°16'14" EAST, 168.21 FEET TO A POINT OF REVERSE
CURVATURE; COURSE TWENTY: THENCE EASTERLY, 92.94 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS OF 188.00 FEET, THROUGH A CENTRAL ANGLE OF 28°19'29" AND
BEING SUBTENDED BY A CHORD THAT BEARS NORTH 69°03'32" EAST, 92.00 FEET TO A POINT OF REVERSE
CURVATURE; COURSE TWENTY-ONE: THENCE EASTERLY, 113.65 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 212.00 FEET, THROUGH A CENTRAL ANGLE OF
30°42'52" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 67°51'50" EAST, 112.29 FEET; COURSE
TWENTY-TWO: THENCE NORTH 52°30'22" EAST, A DISTANCE OF 75.67 FEET TO A POINT OF CURVATURE;
COURSE TWENTY-THREE: THENCE EASTERLY, 185.77 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS OF 188.00 FEET, THROUGH A CENTRAL ANGLE OF 56°37'01" AND
BEING SUBTENDED BY A CHORD THAT BEARS NORTH 80°48'53" EAST, 178.31 FEET; COURSE TWENTY-FOUR:
THENCE SOUTH 70°52'38" EAST, A DISTANCE OF 215.48 FEET TO A POINT OF CURVATURE; COURSE TWENTY-
FIVE: THENCE EASTERLY, 84.99 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY,
17.D.3
Packet Pg. 2486 Attachment: Exhibit B to Ordinance - Modified Metes and Bounds Description 859.40 acres (13582 : Flow Way Community Development
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HAVING A RADIUS OF 312.00 FEET, THROUGH A CENTRAL ANGLE OF 15°36'30" AND BEING SUBTENDED BY A
CHORD THAT BEARS SOUTH 78°40'53" EAST, 84.73 FEET TO A POINT OF REVERSE CURVATURE; COURSE
TWENTY-SIX: THENCE EASTERLY, 72.99 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 138.00 FEET, THROUGH A CENTRAL ANGLE OF 30°18'09" AND BEING
SUBTENDED BY A CHORD THAT BEARS SOUTH 71°20'03" EAST, 72.14 FEET TO A POINT OF REVERSE
CURVATURE; COURSE TWENTY-SEVEN: THENCE EASTERLY, 109.44 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 162.00 FEET, THROUGH A CENTRAL ANGLE OF 38°42'28"
AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 75°32'13" EAST, 107.37 FEET TO A POINT OF
REVERSE CURVATURE; COURSE TWENTY-EIGHT: THENCE EASTERLY, 82.55 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 138.00 FEET, THROUGH A CENTRAL ANGLE
OF 34°16'32" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 77°45'11" EAST, 81.33 FEET TO A POINT
OF REVERSE CURVATURE; COURSE TWENTY-NINE: THENCE EASTERLY, 91.37 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 162.00 FEET, THROUGH A CENTRAL ANGLE
OF 32°18'53" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 76°46'21" EAST, 90.16 FEET; COURSE
THIRTY: THENCE NORTH 87°04'12" EAST, A DISTANCE OF 80.88 FEET TO A POINT OF CURVATURE; COURSE
THIRTY-ONE: THENCE SOUTHEASTERLY, 224.07 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 138.00 FEET, THROUGH A CENTRAL ANGLE OF 93°01'46" AND BEING
SUBTENDED BY A CHORD THAT BEARS SOUTH 46°24'55" EAST, 200.25 FEET TO A POINT OF REVERSE
CURVATURE; COURSE THIRTY-TWO: THENCE SOUTHEASTERLY, 330.36 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 312.00 FEET, THROUGH A CENTRAL ANGLE OF
60°40'03" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 30°14'03" EAST, 315.14 FEET TO A POINT
OF COMPOUND CURVATURE; COURSE THIRTY-THREE: THENCE EASTERLY, 57.69 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 112.00 FEET, THROUGH A CENTRAL ANGLE
OF 29°30'43" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 75°19'26" EAST, 57.05 FEET TO A POINT
OF REVERSE CURVATURE; COURSE THIRTY-FOUR: THENCE SOUTHEASTERLY, 383.12 FEET ALONG THE ARC
OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 308.00 FEET, THROUGH A
CENTRAL ANGLE OF 71°16'11" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 54°26'42" EAST, 358.89
FEET TO A POINT OF COMPOUND CURVATURE; COURSE THIRTY-FIVE: THENCE SOUTHERLY, 484.39 FEET
ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 908.00 FEET, THROUGH
A CENTRAL ANGLE OF 30°33'57" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 03°31'38" EAST,
478.67 FEET TO A POINT OF REVERSE CURVATURE; COURSE THIRTY-SIX: THENCE SOUTHEASTERLY, 134.34
FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 112.00
FEET, THROUGH A CENTRAL ANGLE OF 68°43'29" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH
22°36'24" EAST, 126.43 FEET; COURSE THIRTY-SEVEN: THENCE SOUTH 56°58'09" EAST, A DISTANCE OF 74.98
FEET TO A POINT OF CURVATURE; COURSE THIRTY-EIGHT: THENCE EASTERLY, 333.98 FEET ALONG THE ARC
OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 512.00 FEET, THROUGH A CENTRAL
ANGLE OF 37°22'29" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 75°39'23" EAST, 328.09 FEET TO
A POINT OF REVERSE CURVATURE; COURSE THIRTY-NINE: THENCE EASTERLY, 155.66 FEET ALONG THE ARC
OF A CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 488.00 FEET, THROUGH A CENTRAL
ANGLE OF 18°16'33" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 85°12'21" EAST, 155.00 FEET TO
A POINT OF REVERSE CURVATURE; COURSE FORTY: THENCE EASTERLY, 297.82 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 512.00 FEET, THROUGH A CENTRAL ANGLE
OF 33°19'39" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 87°16'06" EAST, 293.64 FEET TO A POINT
OF REVERSE CURVATURE; COURSE FORTY-ONE: THENCE EASTERLY, 178.15 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 488.00 FEET, THROUGH A CENTRAL ANGLE
OF 20°54'59" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 81°03'46" EAST, 177.16 FEET TO A POINT
OF REVERSE CURVATURE; COURSE FORTY-TWO: THENCE EASTERLY, 94.41 FEET ALONG THE ARC OF A
17.D.3
Packet Pg. 2487 Attachment: Exhibit B to Ordinance - Modified Metes and Bounds Description 859.40 acres (13582 : Flow Way Community Development
Z:\ESPLANADE NAPLES NAVD\2018-185 (Hatcher)\CDD Flowway\2020-116 CDD FLOW WAY LGL.docx
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CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 212.00 FEET, THROUGH A CENTRAL ANGLE
OF 25°30'56" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 78°45'47" EAST, 93.63 FEET TO A POINT
OF REVERSE CURVATURE; COURSE FORTY-THREE: THENCE EASTERLY, 217.08 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 588.00 FEET, THROUGH A CENTRAL ANGLE
OF 21°09'09" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 76°34'54" EAST, 215.85 FEET TO A POINT
OF REVERSE CURVATURE; COURSE FORTY-FOUR: THENCE EASTERLY, 54.98 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 103.00 FEET, THROUGH A CENTRAL ANGLE
OF 30°35'07" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 71°51'55" EAST, 54.33 FEET; COURSE
FORTY-FIVE: THENCE NORTH 56°34'20" EAST, A DISTANCE OF 160.60 FEET TO THE SOUTHEAST CORNER OF
SAID TRACT P6 AND AN INTERSECTION WITH THE EASTERLY BOUNDARY OF SAID PLAT OF ESPLANADE
GOLF AND COUNTRY CLUB OF NAPLES; THENCE ALONG SAID EASTERLY BOUNDARY OF ESPLANADE GOLF
AND COUNTRY CLUB OF NAPLES THE FOLLOWING FOUR COURSES; COURSE ONE: THENCE SOUTH 00°51'44"
EAST, A DISTANCE OF 738.10 FEET; COURSE TWO: THENCE SOUTH 00°49'56" EAST, A DISTANCE OF 2,676.38 FEET
TO THE SOUTHEAST CORNER OF SAID SECTION 15 AND THE NORTHEAST CORNER OF SECTION 22; COURSE
THREE: SOUTH 00°50'55" EAST, A DISTANCE OF 1,334.40 FEET; COURSE FOUR: THENCE SOUTH 89°56'33" WEST,
A DISTANCE OF 635.35 FEET; THENCE SOUTH 00°4447 EAST, A DISTANCE OF 654.55 FEET TO AN INTERSECTION
WITH SAID EASTERLY BOUNDARY OF SAID PLAT OF ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES;
THENCE ALONG SAID EASTERLY BOUNDARY OF SAID PLAT OF ESPLANADE GOLF AND COUNTRY CLUB OF
NAPLES THE FOLLOWING TWO COURSES; COURSE ONE: THENCE SOUTH 00°38'40" EAST, A DISTANCE OF 666.84
FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 22; COURSE TWO: THENCE SOUTH 00°38'11" EAST, A DISTANCE OF 30.52 FEET TO AN INTERSECTION
WITH THE BOUNDARY OF ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES DILILLO PARCEL, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 61, PAGES 73 THROUGH 76 (INCLUSIVE) OF THE PUBLIC
RECORDS OF SAID COLLIER COUNTY, FLORIDA; THENCE ALONG SAID BOUNDARY OF SAID PLAT OF
ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES DILILLO PARCEL THE FOLLOWING THREE COURSES:
COURSE ONE: THENCE NORTH 89°59'08" EAST, A DISTANCE OF 655.79 FEET; COURSE TWO: THENCE SOUTH
00°44'05" EAST, A DISTANCE OF 1,303.59 FEET; COURSE THREE: THENCE NORTH 89°59'29" WEST, A DISTANCE
OF 658.03 FEET TO AN INTERSECTION WITH SAID EASTERLY BOUNDARY OF THE PLAT OF ESPLANADE GOLF
AND COUNTRY CLUB OF NAPLES; THENCE CONTINUE ALONG THE BOUNDARY OF SAID PLAT THE
FOLLOWING THREE COURSES: COURSE ONE: THENCE NORTH 89°59'29" WEST, A DISTANCE OF 164.50 FEET;
COURSE TWO: THENCE SOUTH 00°38'11" EAST, A DISTANCE OF 1,333.71 FEET TO AN INTERSECTION WITH THE
SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 22; COURSE
THREE: THENCE ALONG SAID SOUTH LINE, NORTH 89°57'17" WEST, A DISTANCE OF 1,156.14 FEET TO THE POINT
OF BEGINNING.
PARCEL CONTAINS 859.40 ACRES, OR 37,435,462 SQUARE FEET, MORE OR LESS.
17.D.3
Packet Pg. 2488 Attachment: Exhibit B to Ordinance - Modified Metes and Bounds Description 859.40 acres (13582 : Flow Way Community Development
17.D.3
Packet Pg. 2489 Attachment: Exhibit B to Ordinance - Modified Metes and Bounds Description 859.40 acres (13582 : Flow Way Community Development
17.D.3
Packet Pg. 2490 Attachment: Exhibit B to Ordinance - Modified Metes and Bounds Description 859.40 acres (13582 : Flow Way Community Development
JP Ward and Associates LLC
FLOW WAY COMMUNITY
DEVELOPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS PETITION TO EXPAND THE BOUNDARIES OF THE DISTRICT Prepared by:
8/21/2020
JPWard & Associates LLC
James P. Ward, Chief Operating Officer
JPWard & Associates
JimWard@JPWardAssociates.com
2900 NORTHEAST 12TH
TERRACE, SUITE 1
OAKLAND PARK, FL. 33334
954.658.4900
17.D.4
Packet Pg. 2491 Attachment: Flow Way Statement of Estimated Regulatory Costs (Exhibit J) (13582 : Flow Way Community Development District Amendment)
JP Ward and Associates LLC
1 | Page
1.0 Introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs (“SERC”) supports the petition to expand the
boundaries of the Flow Way Community Development District by 10.012 acres. (“District”). The
District currently includes 849.40 acres of land located within Collier County, Florida. The
limitations on the scope of this SERC are explicitly set out in Section 190.002(2)(d), Florida Statutes
(governing District formation or alteration) as follows:
“That the process of establishing such a district pursuant to uniform general law shall be fair
and based only on factors material to managing and financing the service delivery function of the
district, so that any matter concerning permitting or planning of the development is not material
or relevant (emphasis added).”
1.2 Overview of the Flow Way Community Development and the District
The expansion of the District will comprise a proposed land area of approximately 859.40
acres (after expansion) within the unincorporated Collier County, Florida. The District as originally
established, and with this small expansion area, is designed to provide infrastructure, services,
and facilities along with certain ongoing operations and maintenance to the Esplanade of Naples
development (the “Development” or “Esplanade”) and the expansion area will comprise
approximately 36 residential units.
A Community Development District (“CDD,“) is an independent unit of special purpose local
government created and chartered by Chapter 190, Florida Statutes, to plan, finance, construct,
operate and maintain community-wide infrastructure in large, planned community
developments. It may be established on the proposed property by ordinance which has previously
been completed, and this SERC is related only to the expansion are enumerated in the petition.
CDD’s provide a “solution to the state’s planning, management and financing needs for delivery
of capital infrastructure to service projected growth without overburdening other governments
and their taxpayers.” Section 190.002(1)(a), Florida Statutes
A CDD is not a substitute for the local, general purpose, government unit, i.e., the County in
which the CDD lies. A CDD does not have the permitting, zoning or police powers possessed by
general purpose governments. A Community Development District is an alternative means of
financing, constructing, operating, and maintaining community infrastructure for planned
developments, such as Esplanade. The scope of this SERC is limited to evaluating the
consequences of approving the proposal to expand the boundaries of the District.
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Packet Pg. 2492 Attachment: Flow Way Statement of Estimated Regulatory Costs (Exhibit J) (13582 : Flow Way Community Development District Amendment)
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2.0 Statement of Estimated Regulatory Costs
2.1 Requirements for a Statement of Estimated Regulatory Costs
Section 120.541(2), Florida Statutes, defines the elements a statement of estimated
regulatory costs must contain the following elements:
a) Is likely to have an adverse impact on business competitiveness, including the ability of
persons doing business in the state to compete with persons doing business in other
states or domestic markets, productivity, or innovation in excess of $1 million in the
aggregate within 5 years after the implementation of the rule.
b) Is likely to increase regulatory costs, including any transactional costs, in excess of $1
million in the aggregate within 5 years after the implementation of the rule.
c) 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.
d) 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 or local revenues.
e) 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 section, “transactional costs” are direct costs that are readily
ascertainable based upon standard business practices, and include filing fees, the cost of
obtaining a license, the cost of equipment required to be installed or used or procedures
required to be employed in complying with the rule, additional operating costs incurred,
the cost of monitoring and reporting, and any other costs necessary to comply with the
rule.
f) An analysis of the impact on small businesses as defined by s. 288.703, and an analysis of
the impact on small counties and small cities as defined in s. 120.52. The impact analysis
for small businesses must include the basis for the agency’s decision not to implement
alternatives that would reduce adverse impacts on small businesses.
g) Any additional information that the agency determines may be useful.
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Packet Pg. 2493 Attachment: Flow Way Statement of Estimated Regulatory Costs (Exhibit J) (13582 : Flow Way Community Development District Amendment)
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h) In the statement or revised statement, whichever applies, a description of any regulatory
alternatives submitted under paragraph (1)(a) of Chapter 120.541 and a statement
adopting the alternative or a statement of the reasons for rejecting the alternative in
favor of the proposed rule.
The references to the “rule” in the statutory requirements for the Statement of Estimated
Regulatory Costs also apply to an “ordinance” under secton190.005(2)(a), Florida Statutes
as amended.
3.0 Analysis of Required Elements of the Statement of Estimated Regulatory Costs
3.1 Questions:
3.1.1 Is likely to have an adverse impact on business competitiveness, including
the ability of persons doing business in the state to compete with persons
doing business in other states or domestic markets, productivity, or
innovation in excess of $1 million in the aggregate within 5 years after
the implementation of the rule.
3.1.2 Is likely to increase regulatory costs, including any transactional costs, in
excess of $1 million in the aggregate within 5 years after the
implementation of the rule.
3.1.3 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.
3.2 Responses:
3.2.1 The ordinance expanding the boundaries of the District will not have any
adverse impact (direct or indirect) on economic growth, private sector
job creation or employment, private sector investments, business
competitiveness, ability of persons doing business in the State to
compete with persons doing business in other states or domestic
markets, productivity, or innovation.
Any increases in regulatory costs, principally dealing with transactional
costs as a result of imposition of special assessments by the District will
be the direct result of facilities and services provided by the District to
the landowners within the District, and it should be noted that property
ownership in the District is voluntary and all costs associated with the
District are required to be disclosed to prospective purchasers prior to
17.D.4
Packet Pg. 2494 Attachment: Flow Way Statement of Estimated Regulatory Costs (Exhibit J) (13582 : Flow Way Community Development District Amendment)
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sale, these costs are self-imposed and offset by the benefits derived from
the services provided by the District.
Next, the sole reason for the expansion of the District is to provide public
facilities and services to support the continued development of the
existing Esplanade of Naples Community. The additional land to be
added to the District will continue to promote local economic activity,
create local value, lead to local private sector investment and is likely, at
least in the short term, to support local private sector employment
and/or lead to local new job creation.
The expansion of the District will allow it to plan, fund, implement,
operate and maintain, for the benefit of the landowners within the
District, various public facilities and services necessary for the continued
development of the Esplanade of Naples Community. Such facilities and
services, will allow for the development of the land within the District for
private use. The provision of the District's infrastructure and the
subsequent development of the private land will generate private
economic activity, private economic growth, private investment and
employment, and job creation. The District will use proceeds of
indebtedness to fund construction of public infrastructure, which will
be constructed by private firms, and once constructed, will use private
firms to operate and maintain such infrastructure/provide services to
the landowners and residents of the District. While similar economic
growth, private sector job creation or employment, or private sector
investment could be achieved in absence of the expansion of the District
by the private sector alone, the fact that the expansion of the District was
requested of the existing District by the private developer means that
the private developer considers the expansion and continued
operation of the District as beneficial to the process of land development
and the future economic activity taking place within the District, which
in turn will lead directly or indirectly to the economic growth, likely
private sector job and/or support private sector employment, and
private sector investments.
When assessing the question of whether the expansion of the District is
likely to directly or indirectly have an adverse impact on business
competitiveness, including the ability of persons doing business in the
state to compete with persons doing business in other states or
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Packet Pg. 2495 Attachment: Flow Way Statement of Estimated Regulatory Costs (Exhibit J) (13582 : Flow Way Community Development District Amendment)
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domestic markets, productivity, or innovation, one has to compare
these factors in the presence and in the absence of the District in the
development. When the question is phrased in this manner, it can be
surmised that the expansion of the District is likely to not have a direct
or indirect adverse impact on business competitiveness, productivity, or
innovation versus that same development without the expansion of the
District. Similarly to a purely private solution, District contracts will be
bid competitively so as to achieve the lowest cost/best value for any
particular infrastructure or services desired by the landowners under a
"lowest responsive/responsible bid" method, which will insure that
contractors wishing to bid for such contracts will have to demonstrate
to the District the most optimal mix of cost, productivity and
innovation. Additionally, the expansion of the District for the
development is not likely to cause the award of the contracts to favor
non-local providers any more than if there was expansion of the District.
The District in its purchasing decisions will not vary from the same
principles of cost, productivity and innovation that guide private
enterprise.
3.3 Question:
3.3.1 Likelihood on an increase in regulatory costs, including any transactional
costs, in excess of $1 million in the aggregate within 5 years after the
implementation of the rule.
3.4 Response:
3.4.1 The expansion of the District will not increase any regulatory costs of the
State or the County since this is a small expansion of an existing District
in Collier County. The existing District will pay a one-time filing fee to the
County to offset any expenses that the County may incur in the
processing of this petition. Similarly, the expansion of the District will not
require the annual Special District Filing Fee, which fee is meant to offset
any State costs related to its oversight of all special districts in the State,
and since no additional filings will be required other than to amend the
boundaries of the District with the State, there are no additional costs
related to oversight.
The expansion of the District will, however, directly increase regulatory
costs to the new landowners within the expansion area of District. Such
increases in regulatory costs, principally the anticipated increases in
transactional costs as a result of likely imposition of special
17.D.4
Packet Pg. 2496 Attachment: Flow Way Statement of Estimated Regulatory Costs (Exhibit J) (13582 : Flow Way Community Development District Amendment)
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assessments and use fees by the District will be the direct result of
facilities and services provided by the District to the new landowners
within the expansion area of the District. However, as property
ownership in the District is completely voluntary, all current
property owners with the expansion area must consent to the
expansion of the District and the likelihood of additional transaction
costs, and all initial prospective buyers must have such additional
transaction costs disclosed to them prior to sale, as required by State
law, such increases should be considered voluntary, self-imposed, and as
a tradeoff for the services and facilities provided by the District. As to
the anticipated amount of the transactional costs in the aggregate within
5 years, they are anticipated to not exceed approximately $4,500,000.00
as more fully described in the Engineer’s Report for the annexed area.
3.5 Question:
3.5.1 A good faith estimate of the number of individuals and entities likely
to be required to comply with the ordinance, together with a general
description of the types of individuals likely to be affected by the
ordinance.
3.6 Response:
3.6.1 The expansion of the Flow Way Community Development District serves
land that comprises 10.012 acres of a District that is 849.40 acres in size
and in the master planned residential development of the Esplanade of
Naples, currently planned to be made up of an estimated 36 residential
dwelling units. The property owners in the District will be individuals and
that may operate industrial, manufacturing and other retail and non-
retail related businesses outside the boundaries of the District.
3.7 Question:
3.7.1 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 or local revenues.
3.8 Response:
3.8.1 There is no state agency promulgating any rule relating to this project
that is anticipated to effect state or local revenues. 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, the County, or any other unit of local government. In
accordance with State law, debts of the District are strictly its own
responsibility
17.D.4
Packet Pg. 2497 Attachment: Flow Way Statement of Estimated Regulatory Costs (Exhibit J) (13582 : Flow Way Community Development District Amendment)
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3.9 Question:
3.9.1 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 section,
“transactional costs” are direct costs that are readily ascertainable based
upon standard business practices, and include filing fees, the cost of
obtaining a license, the cost of equipment required to be installed or used
or procedures required to be employed in complying with the rule,
additional operating costs incurred, the cost of monitoring and reporting,
and any other costs necessary to comply with the rule.
3.10 Response:
3.10.1 Individuals and Entities:
Table 1 provides an outline of the various facilities and services the
District may provide. Flow Way Community Development District
Proposed Facilities and Services
Table 1. Funding, Operations & Ownership
Program Funded
by
Operation &
Maintenance
Ownership
Environmental Mitigation &
Landscaping
CDD CDD CDD
Utilities CDD County County
Surface Water Management CDD CDD/HOA CDD
Off-Site CDD CDD/HOA CDD
The petitioner has estimated the design and development costs for
providing the capital facilities as outlined in Table 1. The cost estimates
are shown in Table 2 below. Total design and development costs for these
facilities are estimated to be approximately $1,490,120.45 The District
may levy non-ad valorem special assessment (by a variety of names) and
may issue revenue and other bonds to fund the management of these
facilities. These bonds would be repaid through non-ad valorem special
17.D.4
Packet Pg. 2498 Attachment: Flow Way Statement of Estimated Regulatory Costs (Exhibit J) (13582 : Flow Way Community Development District Amendment)
JP Ward and Associates LLC
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assessments (by a variety of names) levied on all properties in the District
that receive special and peculiar benefit from the District’s capital
improvement program as outlined in Table 2.
Prospective future landowners in the Development may be required to
pay non-ad valorem special assessments levied by the District to provide
for facilities or operations and maintenance and secure any debt incurred
through bond issuance. In addition to the levy of non-ad valorem special
assessments which may be used for debt service, the District may also
levy a non-ad valorem assessment to fund the operations and
maintenance of the District and its facilities and services. However,
locating in the District by new residents is completely voluntary and levy
of such assessments, as well as the prospect of such assessments, are
noticed and disclosed fully. So, ultimately, all owners and users of the
affected property choose to accept the non-ad valorem assessments as a
tradeoff for the services and facilities that the District will provide. In
addition, state law requires all assessments levied by the District to be
disclosed by the seller to all prospective purchasers of property within
the District.
A Community Development District “CDD” provides the property owners
with an alternative mechanism of providing public services; however,
special assessments and other impositions levied by the District (and
collected by law) represent the transactional costs incurred by
landowners as a result of the establishment of the District. Such
transactional costs should be considered in terms of costs likely to be
incurred under alternative public and private mechanisms of service
provision, such as other independent Special Districts, County or its
Dependent Districts or county management but financing with municipal
service benefit units and municipal service taxing units which are not
Districts, or private entities, all of which can be grouped into three major
categories: public district, public other, and private.
With regards to costs of public district mechanism of public services
delivery to the developments within the proposed area, Dependent and
other Independent Special Districts can be used to manage the provision
of infrastructure and services, however, they are limited in the types of
services they can provide, and likely it would be necessary to employ
more than one district to provide all services needed by the
17.D.4
Packet Pg. 2499 Attachment: Flow Way Statement of Estimated Regulatory Costs (Exhibit J) (13582 : Flow Way Community Development District Amendment)
JP Ward and Associates LLC
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development. Transaction costs resulting from the employment of more
than one district would likely be higher than those resulting from a single
entity such as a CDD.
Other public entities, such as municipalities and counties, also are
capable of providing services, however, their costs in connection with the
new services and infrastructure required by the new development,
transaction costs, would be borne by all taxpayers, unduly burdening
existing taxpayers and would also be inconsistent with the State’s policy
of “growth paying for growth”.
Lastly, services and improvements could be provided by private entities.
However, their interests are primarily short-term profits and there is no
public accountability. The marginal benefits of tax-exempt financing
utilizing CDDs would cause the CDD to utilize its lower transactional costs
to enhance the quality of infrastructure and services.
In considering transactional costs of CDDs, it shall be noted that
occupants of the lands to be included within the District will receive three
major classes of benefits.
First, those residents in the District will receive a higher level of public
services which in most instances will be sustained over longer periods of
time than would otherwise be the case.
Second, a CDD is a mechanism for assuring that the community services
will be completed concurrently with development of lands within the
Development. This satisfies the revised growth management legislation,
and it assures that growth pays for itself without undue burden on other
consumers. Establishment of the District will ensure that these
landowners pay for the provision of facilities, services and improvements
to these lands.
17.D.4
Packet Pg. 2500 Attachment: Flow Way Statement of Estimated Regulatory Costs (Exhibit J) (13582 : Flow Way Community Development District Amendment)
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Table 2. Cost Estimate for District Facilities
Cost Category Amount
Professional and Permitting Fees $ 228,501.01
Environmental Mitigation/Landscaping $ 188,806.84
Surface Water Management $ 567,349.64
Utilities (Water, Wastewater, Irrigation) $ 462,990.36
Off-Site $ 42,472.41
Total: $1,490,120.25
Third, a CDD is the sole form of local governance which is specifically
established to provide District landowners with planning, construction,
implementation and short and long-term maintenance of community
infrastructure at sustained levels of service.
The cost impact on the ultimate landowners in the Development is not
the total cost for the District to provide infrastructure services and
facilities. Instead, it is the incremental costs above, if applicable, what the
landowners would have paid to install infrastructure via an alternative
financing mechanism. Given the low cost of capital for a CDD due to tax-
exempt financing, landowners within the District can usually expect the
marginal benefits of finance savings directed toward higher quality of
infrastructure than landowners in similar developments not located
within CDDs.
State Governmental Agencies:
There will be only a modest cost to the Department of Economic
Opportunity and any other State governmental entity to implement the
requirement to amend the boundaries of the District for the small
expansion of the District. The District as proposed is within
unincorporated Collier County.
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Packet Pg. 2501 Attachment: Flow Way Statement of Estimated Regulatory Costs (Exhibit J) (13582 : Flow Way Community Development District Amendment)
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Local Government: (Collier County)
The proposed expansion land for the District is in the Collier County,
Florida and consists of approximately 10.012 acres. The County and its
staff may process, analyze, conduct a public hearing, and vote upon the
petition to amend the boundaries of the District. These activities will
absorb some resources. The costs to review the record of the local
hearing, the transcript of the hearing, and the ordinance adopted by the
local general-purpose government will be offset by the filing fee required
under 190.005 (1), Florida Statutes
These costs to the County are modest for a number of reasons. First,
according to Chapter 190, Florida Statutes, review of the petition to
establish the District does not include analysis of any community
developments within the boundaries of the District. Second, the petition
itself provides much of the information needed for a staff review. Third,
local governments already possess the staff needed to conduct the
review without the need for new staff. Fourth, there is no capital required
to review the petition. Fifth, the potential costs are offset by the required
filing fee. Finally, general purpose local governments routinely process
petitions for land uses and zoning changes that are far more complex
than is the petition to establish a community development district.
The annual costs to the County, do not change since this is simply an
amendment to the boundaries of an existing District.
3.11 Question:
3.11.1 An analysis of the impact on small businesses as defined by s. 288.703,
and an analysis of the impact on small counties and small cities as defined
in s. 120.52. The impact analysis for small businesses must include the
basis for the agency’s decision not to implement alternatives that would
reduce adverse impacts on small businesses.
3.12 Response:
3.12.1 There will be no impact on small businesses because of the expansion of
the District. If anything, the impact may be positive. Collier County has
an estimated population that is greater than 75,000; therefore the
County is not defined as a "small " County according to Section 120.52
17.D.4
Packet Pg. 2502 Attachment: Flow Way Statement of Estimated Regulatory Costs (Exhibit J) (13582 : Flow Way Community Development District Amendment)
JP Ward and Associates LLC
12 | Page
(19), F.S, and there will accordingly be no impact on Collier County
because of the expansion of the boundary of the District.
3.13 Question:
3.13.1 Any additional information that the agency determines may be useful.
3.13.2 In the statement or revised statement, whichever applies, a description
of any regulatory alternatives submitted under paragraph (1)(a) of
Chapter 120.541 and a statement adopting the alternative or a statement
of the reasons for rejecting the alternative in favor of the proposed rule.
3.14 Response:
3.14.1 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
Petitioner's Engineer and other professionals associated with the
Petitioner.
Finally, it is useful to reflect upon the question of whether the
proposed expansion of the District is the best alternative to provide
community facilities and services to the project. 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. Either of these
alternatives could finance the improvements contemplated in Table 2 in
a fashion similar to the District.
There are a number of reasons why a dependent district is not the best
alternative for providing community facilities and services to the
Esplanade of Naples Community. First, unlike the District, the
alternatives would require the County to administer the project and its
facilities and services. As a result, the costs for these services and
facilities would not be attributed to the land directly benefiting from
them, as the case would be with the District. Administering a project of
the size and complexity of the development program anticipated for
the additional lands to be included in the District is a significant and
expensive undertaking.
Second, a District is preferable from a government accountability
perspective. With a District, residents and landowners in the District
17.D.4
Packet Pg. 2503 Attachment: Flow Way Statement of Estimated Regulatory Costs (Exhibit J) (13582 : Flow Way Community Development District Amendment)
JP Ward and Associates LLC
13 | Page
would have a focused unit of government ultimately under their direct
control. The District can then be more responsive to resident needs
without disrupting other County responsibilities. By contrast, if the
County were to establish dependent districts, then the residents and
landowners of the added lands to the existing District would take their
grievances and desires to County.
Third, any debt of a District is strictly the District's responsibility. While it
may be technically true that the debt of a County-established, dependent
special district is not strictly the County’s responsibility, any financial
problems that the special district may have will inevitably entangle the
County. This will not be the case if the land is simply added to the existing
District.
Another alternative to the District would be for a homeowners'
association to provide the infrastructure, operations and maintenance of
community facilities and services. A District is superior to a HOA for a
variety of reasons. First, unlike a HOA, a District can obtain low cost funds
from the municipal capital markets. Second, the 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 HOA.
Third, the proposed District is a unit of local government. This provides a
higher level of oversight and accountability.
17.D.4
Packet Pg. 2504 Attachment: Flow Way Statement of Estimated Regulatory Costs (Exhibit J) (13582 : Flow Way Community Development District Amendment)
17.D.5Packet Pg. 2505Attachment: Flow Way Engineer's Report (Exhibit K) (13582 : Flow Way Community Development District Amendment)
17.D.5Packet Pg. 2506Attachment: Flow Way Engineer's Report (Exhibit K) (13582 : Flow Way Community Development District Amendment)
17.D.5Packet Pg. 2507Attachment: Flow Way Engineer's Report (Exhibit K) (13582 : Flow Way Community Development District Amendment)
17.D.5Packet Pg. 2508Attachment: Flow Way Engineer's Report (Exhibit K) (13582 : Flow Way Community Development District Amendment)
17.D.5Packet Pg. 2509Attachment: Flow Way Engineer's Report (Exhibit K) (13582 : Flow Way Community Development District Amendment)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PETITION TO AMEND COLLIER COUNTY ORDINANCE N0.2002-09, AS
PREVIOUSLY AMENDED BY COUNTY ORDINANCE NO.2016-35
TO MODIFY THE EXTERNAL BOUNDARIES OF FLOW WAY COMMUNITY
DEVELOPMENT DISTRICT THROUGH EXPANSION
The BOARD OF SUPERVISORS of FLOW WAY COMMUNITY DEVELOPMENT
DISTRICT ("District"), by and through its undersigned attorney, petitions the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("County"), to adopt an
amendment to County Ordinance No. 2002-09 (the ordinance establishing the District), as
previously amended by County Ordinance No. 2016-35, to amend the total land area to be serviced
by the District, and to amend the external boundaries of the District pursuant to Section 190.046,
Florida Statues.
In support thereof, the District submits:
1. Organizational Information. Flow Way Community Development District is a
uniform community development district created pursuant to Chapter 190, Florida Statutes and
established by County Ordinance No. 2002-09, as previously amended by Ordinance No. 2016-
35. Its District Office is located at 2900 NE 12th Terrace, Oakland Park, Florida 33334 and the
Chairman of the Board of Supervisors is Andrew Miller. Its District Manager is James P. Ward
of JPWard and Associates, LLC.
2. Establishment. By County Ordinance No. 2002-09, dated February 26, 2002,
which Ordinance became effective on March 4, 2002 (attached hereto and incorporated herein as
Exhibit "A") the District was established on the property described in the Ordinance and is in
legal existence and good standing.
3. Amendment. By County Ordinance No. 2016-35 dated November 15, 2017, which
Ordinance became effective on November 17, 201 / (attached hereto and incorporated herein as
Exhibit "A-1 ") the boundaries of the District were amended as described in the Ordinance.
4. Authority for Petition. On August 20, 2020, the Board of Supervisors of the District
("Board of Supervisors") adopted District Resolution 2020-7 to authorize and require the District
Manager and District Counsel to petition the Board of County Commissioners of Collier County
for a modification of the District's boundaries through expansion. A copy of Resolution 2020-7
is attached hereto and incorporated herein as Exhibit "B".
5. Expansion Land. The land to be added to the total area that is 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 "C". A map showing the location of the Expansion
Land is attached as Exhibit
6. Boundaries Before and After. A metes and bounds legal description of the existing
external boundaries of the District is attached as Exhibit "E". A metes and bounds legal
description of the boundaries of the District as modified through expansion is attached as Exhibit
"F". 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.
7. Consent. Attached as Exhibit "G" is the written consent to the expansion of the
District by the owner 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
2
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 "G-1" are the most recent deeds of record
for the land to be added.
8. Extent of Expansion. Further, in compliance with Section 190.046(1)(e)5 Florida
Statutes, the amendment of the external boundaries of the District as herein petitioned does not
comprise (singularly and cumulatively) more than 50% of the District's initial service area and
will not result in amendments encompassing more than 1,000 acres total.
9. 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 "H"
10. 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
plan elements of the local Comprehensive Plan are shown on Exhibit "I".
11. Statement of Estimated Re ug latory Costs. The District submits the attached
Statement of Estimated Regulatory Costs ("BERG") for the District which contemplates the
granting by the County of this Petition to Ainend the District's Boundaries as required by Section
190.046(1)(a) and Section 190.005(1)(a)8., Florida Statutes, which SERC is attached hereto as
Exhibit "J".
12. Engineer Review. The District submits that certain Engineering Review for
Expansion of the Flow Way Community Development District prepared by Waldrop Engineering,
Inc., a copy of which is attached as Exhibit "K", which provides an analysis of the statutory
factors to be reviewed in connection with approving this Petition.
�j
13. Filing Fee. Prior to the filing of this Petition, the District submitted a copy of this
Petition, together with the required fee of $1,500 to Collier County.
14. The County Should Grant 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 inconsistent 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 encompasses 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
generaI-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.
e. The area to be served by the District as amended is amenable to separate
special -district government.
0
WHEREF012E, the District 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(A ) and Chapter 125, Florida Statutes, on
the subject of whether to grant this Petition to amend County Ordinance No. 2002-09, as previously
amended by County Ordinance 2016-35, to modify the external boundaries of Flow Way
Community Development District through both expansion and contraction.
B. Grant this Petition and adopt the amendment to Ordinance No. 2002-09, as
previously amended by County Ordinance 2016-35, to modify the boundaries of Flow Way
Community Development District pursuant to Section 190.046(1)(b), Florida Statutes.
{Remainder of page intentionally left blank. Signatures appear° on next page.}
5
APPROVED FOR SUBMISSION TO COUNTY:
Andrew Miller, Chairman
Flow Way Community Development District
RESPECTIVELY SUBMITTED AND FILED to Collier County this 2 day of August, 2020,
COLEIVII�N, YOVANOVICH & KOESTER, P.A.
Gregory L. Urbancic, Esq.
and
Richard D. Yovanovich, Esq,
Northern Trust Bank Building
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
Phone. (239) 435-3535
Facsimile: (239) 435-1218
Attorneys for Flow Way
Community Development District
Exhibit "A"
3ay6�89��t��? EXHIBIT "A"
�.� � _ '��
� �� NCR �002 � �
� �, ORDINANCE N0.02- 0 9
� � � �
°c1 � ORDINANCE ESTABLISHING THE FLOW WAY
� MMUNITY DEVELOPMENT DISTRICT; ADOPTING
¢��,��.���' tNDINGS OF FACT; PROVIDING FOR AUTHORITY;
DESCRIBING THE EXTERNAL BOUNDARIES OF THE
DISTRICT; NAMING THE INITIAL MEMBERS OF THE
BOARD OF SUPERVISORS; NAMING THE DISTRICT;
RECOGNIZING GOVERNING LAWS; CONSENTING TO
THE EXERCISE OF CERTAIN SPECIAL POWERS;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION fN THE CODE OF LAWAS
AND ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE.
RECITALS
WHEREAS, Mirasol Development, L.L.C. has petitioned the Board of County
Commissioners (Board) of Collier County, Florida, a political subdivision of the State of
Florida, to establish the FLOW WAY COMMUNITY DEVELOPMENT DISTRICT
(District); and
WHEREAS, the Board of County Commissioners, after proper published notice
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 Section
190.005 (1) (a), Florida Statutes; and all statements contained within the
petition are true and correct.
;�
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.o
2. Establishment of the proposed District is not inconsistent with any
applicable element or portion of the local comprehensive plan of Collier
County, known as the Collier County Growth Management Plan, or the
State Comprehensive Plan.
3. The area of land within the proposed District is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as
one functional interrelated community.
4. The District is the best alternative available for delivering community
development services and facilities to the area that will be serviced by the
District.
5. The community development services and facilities of the District will not
be incompatible with the capacity and uses of existing local and regional
community development services and facilities.
6. The area that will be served by the District is amenable to separate
special -district government; and
WHEREAS, it is the policy of the State, as provided 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 :vith a!! applicable governmental laws, rules, regulations,
and policies governing planning and permitting of the development to be served by the
district, to ensure that neither the establishment nor operation of such district is a
development order under Chapter 380, Florida Statutes, and that the district so
established does not have any zoning or permitting powers governing development; and
WHEREAS, Section 190.004 (3), Florida Statutes, provides that all govemmental
planning, environmental, and land development laws, regulations, and ordinances apply
to all development of the land within a community development district; and that a
district shall take no action which is inconsistent with applicable comprehensive plans,
ordinances, or regulations of local general purpose government; and
WHEREAS, pursuant to Section 190.012, Florida Statutes, the District's special
powers are subject to the regulatory jurisdiction and permitting authority of all applicable
governmental bodies, agencies and special districts having authority with respect to any
area included therein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: FINDINGS OF FACT.
The foregoing Recitals are hereby adopted as if fully set forth here as findings of
facts which are determined by the Board to be true and correct.
SECTION TWO: AUTHORITY FOR ORDINANCE.
This Ordinance is adopted pursuant to Section 190.005 (2), Florida Statutes, and
other applicable provisions of law governing county ordinances.
SECTION THREE: ESTABLISHMENT OF THE FLOW WAY COMMUNITY
DEVELOPMENT DISTRICT.
The Flow Way 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 FOUR: DESIGNATION OF INITIAL BOARD MEMBERS.
The following five persons are herewith designated to be the initial members of
the Board of Supervisors:
1. Christopher G. Claussen
2074 Sevilla Way
Naples, FL 34109
2. Jack Sterling
3221 fi4�h Street, SW
Naples, FL 34105
5. Thomas Barrett
132-204 Pebble Shores Drive
Naples, FL 34110
SECTION FIVE: DISTRICT NAME.
3. Bruce Bowers
1205 Pocantico Lane
Naples, FL 34110
4. Mark Alderuccio
5425 Park Central Court
Naples, FL 34109
The community development district herein established shall henceforth be
known as the "Flow Way Community Development District."
SECTION SIX: STATUTORY PROVISIONS GOVERNING DISTRICT.
The Flow Way Community Development District shall be governed by the
provisions of Chapter 190, Florida Statutes, and all other applicable general and local
law.
SECTION SEVEN: CONSENT TO SPECIAL POWERS.
The Board specifically consents to the District's exercise of certain additional
special powers 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) and (d}, Florida Statutes. The Board further recognizes the District's
right to seek consent from Collier County for further additional special powers in
accordance with Section 190.012(2), Florida Statutes.
SECTION EIGHT: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or
other applicable law, the more restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portion.
SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code
of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may
be renumbered or relettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
SECTION TEN: EFFECTIVE DATE.
This Ordinance becomes effective upon filing with the Florida Department of
State.
PASSED AND DULY ADOPTED
County, Florida, this 2G�day of y
Attlft Y M �1i�1''/aA's
t1�11i�llf"! May.
Approved as to Form
And Legal Sufficiency:
PATRICK
Assistant
Attorney
the Board of County Commissioners of Collier
y.� , 2002.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAMES N. COLETTA, CHAIRMAN
This ordinance filed with the
S�cret� of S ote's Offic��e
� of °�'`��
and acknoWledgemer�,pf that
fill ret�lved thts � daY
3
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
RE: PROPOSED ORDINANCE PURSUANT TO )
SECTION 190.005 (2), FLORIDA STATUTES )
TO ESTABLISH THE FLOW WAY )
CO DEVELOPMENT DISTRICT )
PETITION TO ESTABLISH '
MIl2ASOL DEVELOPMENT, L.L.C., (hereinafter "Petitioner"), by and through
its undersigned attorney, hereby petitions the Collier County Board of County
Commissioners to adopt an ordinance: establish and recognizing a Community
Development District (hereinafter "District") pursuant to the Uniform Community
Development District Act of 1980, Chapter I90, Florida Statutes, as amended;
acknowledging the uniform district charter contained in Sections 190.00b through
190.041 as provided by Section 190.004{4), Florida Statutes, establishing the District on
the property described herein within which the District may manage and finance its basic
infrastructure systems, facilities and services as provided in its charter; and designating
the initial District Board of Supervisors. In support of this petition, Petitioner states:
1. Location and Size. The proposed District is located entirely within Collier
County, Florida. Exhibit 1 depicts the general location of the project. The proposed
district covers approximately 830 acres of land. The site is located in gartions of Section
IS and Section 22, near the intersection of CR 951 and Immokalee Road. The metes and
bounds description of the external boundaries of the District is set forth in Exhibit 2.
odecea: c:�nocuM��v�doag�v.oc
� ALS-1\Tecnp�PETTTION.DOC ... . .
� ..
i
' Ddet�ed:l
i �
,�a�e I of,�_ _ _ _
2. Excluded Parcels. There are no parcels within the external boundaries of
the proposed District, which are to be excluded from the District.
3. Landowner Consent. At the time of filing this Petition, all of the land to
be included in the District is owned by IMCOLLIER Joint Venture. Petitioner has
obtained written consent to establish the District in accordance with Section 190.005, F.S.
Documentation of this consent is contained in Exhibit 3.
4. Initial Board Members. The five persons designated to serve as the initial
members of the Board of Supervisors of the proposed District is as follows:
Christopher G. Claussen
2074 Sevilla Way
Naples. FL 34109
Jack Sterling
3221 b4'h St. SW
Naples, FL 34105
Bruce Bowers
1205 Pocantico Lane
Naples FL 34110
Marie Alderuceio
5425 Park Central Court
Naples, FL 34109
Thomas Barrett
132-204 Pebble Shores Drive
Naples, FL 34110
All of the above -listed persons are residents of the State of Florida, and citizens of
the United States of America.
S. Name. The proposed name of the District is the "Flow Way Community
Development District."
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ueleted: c.veocuM�-i\baoag�\�.oc
AIS—l\Temp\PErITION.DOC .. .. _
b. Existin Zonins�. Currently, the lands to be included within the District
are zoned PUD. Neighboring lands are principally zoned PUD and AG, as shown in
Exhibit 4.
7. Future Land Uses. The future general distribution, location, and extent of
the public and private land uses proposed for the District by future land use plan element
of the County's Future Land Use Plan is identified on Exhibit 5. The construction of
approximately up to 799 residential dwelling units, recreational areas, 3b holes of golf,
clubhouse, a swimming and fitness facility, a tennis facility, and a network of trails and
parks are authorized for the portions of the development to be included within the
District. Development is projected to occur over an estimated 8-year period. The
proposed land uses for the lands contained within the proposed District are consistent
with the approved Collier County Future Land Use Plan.
8. Maior Water and Wastewater Facilities Exhibit 6 shows the major trunk
water mains and wastewater interceptors within the currently undeveloped lands
proposed to be included within the District. A portion of the storm water run-off will be
reclaimed for golf course irrigation. It is currently proposed that Collier County will
provide water and sewer service to the lands within the District.
9. District Facilities and Services Exhibit 7, attached hereto, depicts the
type of facilities the Petitioner presently expects the District to finance, construct and
install from approximately 2001-2008. The estimated costs of construction are also
described in Exhibit 7. Actual construction timetables and expenditures will likely vary,
due in part to the effects of future changes in the economic conditions upon costs such as
Labor services materials interest rates, and market conditions.
� .'
i �
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Deleted: C:\DOCUME-i\icdodge\LAC
AlS—i\TempW6'ITT10N.DOC . . . . .
Deleted: 1
I0. MitieatI
n
Section 10. The District shall have the authority, pursuant to Section 190.012 (1)(f),
Florida Statutes, to exercise all powers under the Act with regard to the mitigation lands
Deleted:in
depicted ,gs the "Upland Preserve" and "Wetland Preserve" areas on attached Exhibit 8._, l
These mitigation lands are in addition to the mitigation lands located within the
boundaries of the District and perpetual maintenance and monitorin is required by the
MENNEN
Deleted: the following
South Florida Water Management District as a condition of * Envl onmental Resource_
MOM Deleted: s
Permi Application Ng, 000518-10__ These areas are necessa]�v to construct the Dublic
a- 1•ram 1= er =r--t a s� �+.r�rr�� _ _ �/_ DelCK m' S
/
Deleted: , 010419-6 and 97092342)
and private land uses identified in Exhibit 5�_The District shall comply with all the
Deleted. am required by the South
Florida Water Management District to
conditions in the permit issued pursuant to Applicatior>r=„00051=8 1 re T& the obtain the Environmental Resource
—`�`— •�__ -. t Permit (Application Na. 00051&10}
rpetual maintenance and monitoring of the mitigation areas as depicted in Exhibit 8.1 Dd�= The Dist
will take all
pe
141 required action, including the
maintenance of habitat and'or plant and
l 1. Chain for ribbon) of lakes. The District shall have the authorit pursuant a"'f species as required by this pental
y, p to offset any unavoidable environmental
0 impacts resulting from development of
to Section 190.012 (1)(a), Florida Statutes, to exercise all powers under the Act on the t1i lat`d rues in the District.
`=1 Deleted: s
water management improvements depicted Zs the "Flow -Ways Conveyance" c+n attached deleted:01041Mand 970923-12
�ra�`s—s�-rc-a-er-s - -
- •- - Deleted: in
Exhibit 8. These water conveyance improvements provide the necessary legal positive
outfall to drain the land uses within the District. These conveyances are also a condition
for the issuance of the South Florida Water Management District to obtain the
Environmental Resource Permits (Applications No. 000518-10, 010419-6 and 970923-
12} required for the lands within the District. As part of the reasonable assurances
S
W
a lications, requiring perpetual maintenance and operation of the �Flou�',iy_;' ��
r
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,Wage 4 ofla-- -- - - - - - -- - - - , .
Deleted: Chain of WaesrFlow way
Deleted: C:\DOC[JME-1VadodgeV.oC
ALS-1\Tcntp\PETrrION.DOC .... .
lts
i�
R�
set forth in Exhibit 8.
12. Statement of Estimated Re uiatory Costs Exhibit 9 is the statement of
estimated regulatory costs ("BERG"} prepared in accordance with the requirements of
Section 120.54I. Florida Statutes (1997}. The SERC is based upon presently available
data. The data and methodology used in preparing the SERC, accompany it.
13. Authorized Agent. The Petitioner, Mirasol Development, L.L.C., a
Florida Limited Liability Company, is authorized to do business in Florida. The
authorized agent for the Petitioner is:
Robert G. Claussen
6025 Carlton Lakes Blvd.
Naples, FL 34110
See Exhibit 10 —Authorization of Agent.
notices should also be sent to:
Dr. Henry Fishkind
Fishkind &Associates, Inc.
11869 High Tech Avenue
Orlando, FL 32817
Copies of all correspondence
and official
i
And: '
a e5of
If1sCltad0 _. To insure that the
district has the authority to exercise its
powers on all of the water management
improvements located outside the
geographical boundaries of the District, it
has been granted a Drainage
lagress/Egress and Maintenance
Easement from the adicent landowners
(Olde Cypress Development, Ltd., and
Robert Vocisano, Trustee) over which a
portion of these water management
improvements are located
r
Deleted: tnitigntion and ,
ode�e;i: c:\nocuME-lvtaoagev oc
ALB-1\Temp�PETi'i'ION.DOC . _ . . .
Ms. Neale Montgomery, Esq.
Pavese, Haverfield, Dalton, Harrison, &Jensen, L.L.P.
P.O. Drawer 1507
Ft. Myers, FL 33902-1507
14. This petition to establish the Flow Way Community Development District
should be granted for the following reasons:
' A. Establishment of the District and all land used and services
planned within the proposed District are not inconsistent with applicable elements
or portions of the effective State Comprehensive Plan or the Collier County
Comprehensive Plan.
� B. The area of land within the proposed District is part of a planned
community. It is of a sufficient size and is sufficiently compact and contiguous to
be developed as one functional and interrelated community.
C. The establishment of the District will prevent the general body of
taxpayers in Collier County from bearing the burden for installation of the
infrastructure and the maintenance of certain facilities with the development
encompassed by the District. The District is the best alternative for delivering
community development service and facilities to the proposed community without
imposing an additional burden on the general population of the local general-
purpose government. Establishment of the District in conjunction with a
comprehensively planned community, as proposed, allows for a more efficient use
of resources.
D. The community development services and facilities of the District
will not be incompatible with the capacity and use of existing local and regional ,�
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i �
DdEtCd: C:\DOCUME-1Vcdodge\LOC
ALS-1\Ter►�\PE1TrI0N.I)OC ... . .
community development services and facilities. In addition, the establishment of
the District will provide a perpetual entity capable of making reasonable
provisions for the operation and maintenance of the District's services and
facilities.
E. The area to be served by the proposed District is amenable to
separate special -district government.
W1�REFORE, Petitioner respectfully requests the County Commission of
Collier County, Florida to:
1. Direct its staff to schedule a public hearing in accordance with the
requirements of Section 190.005 (2) (b). Florida Statutes (1997);
2. Grant the petition and adopt an ordinance to establish the District pursuant
to Chapter 190, Florida Statutes;
3. Consent to the District's exercise of certain additional powers to finance,
fund, plan, establish, acquire, construct, reconstruct, enlarge or extend, equip, operate and
maintain systems and facilities for. (i) parks and facilities for indoor and outdoor
recreational, cultural, and educational uses, (ii) security, including, but not limited to,
guard -houses, fences and gates, electronic intrusion -detection systems, and patrol cars,
when authorized by proper governmental agencies, all as authorized and described by
Section 190.012 (2), Florida Statutes.
n�ece�: �
RESPEC TFiJLLY SUBMITTED this _ _ _ _ - day of _ -'
.r,�-.-,..z---------------------------------------�
2�'- - - - - - � , oe�eii: I
By: ,
Neale Montgomery ,��
f
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�a�e 7 of,�_ _ ','
. .. .. .. .. .. .. � � � � .. .. � .. .. _ .. _ � .. .� � .. .. .. .. ... .. .. � .. .. .. .. .. .. � .. .. .. .. � .. � � .. .. .. .. � .. � .. .. J,�
Ddcteif: c:\oocuME-Ivcciodge\I.oC
AiS-I\Temp�PETIT'IOiY,DOC.... _
Pavese, Haverfield, Dalton,
Harrison & Jensen, L.L.P.
1833 Hendry Street
P.O. Drawer 1507
Fort Myers, FL 33902-1507
Representatives for the Petitioner
r,
odated: c:�nocuM�-i\kdoa�euoc
A15-1\Temp\PEi'fr[ON.DOC .... •
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROOK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of
ORDINANCE 2002-09
Which was adopted by the Board of County Commissioners
on the 26th day of February, 2002, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of February,
2002.
DWIGHT E . BROOK
Clerk of Courts an�l�;:ele�k��f,
Ex -of f isio to, Bo��d _¢f : `,%
County Commi s s io�e � � -- .. -
./�..G►�,fi/ r cu
'. � ' ^
By. Ellie Hoffman`��1��`','��:�;,���'!
Deputy Clerk u3
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
Apri1293 2002
Ms. Misty Pearson, Document Specialist
Department of State, Collins Building
Suite L 43
107 West Gaines Street
Tallahassee, Florida 32399-0250
PLANNING SERVICES DEPARTMENT
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
RE: Resubmitted Flow Way Community Development District Ordinance.
Dear Ms. Pearson:
On February 26, 2002, the Collier County Board of County Commissioners approved Ordinance No. 02-
09, establishing the "Flow Way Community Development District." This Ordinance was filed with your
office on March 4, 2002. Unfortunately, the attachments for the Ordinance, as filed, were not correct.
The attachments submitted to your office were a draft and were not the documents ultimately and actually
approved by the Board of County Commissioners. Enclosed with this cover letter are the correct
documents attached to a certified copy of the filed Ordinance.
It is staffs understanding that you will re -file the enclosed Ordinance and attachments and then provide a
letter confirming the actions taken along with the re -filed documents. Please feel free to contact either
Mr. White (number below), or myself, with any questions or comments regarding this re -filing request.
As you will recall, our approach to resolving this error was agreed to by your office.
Please return the re - filed documents, and your letter detailing the actions you've taken pursuant to your
office's usual procedures. Thank you for your efforts in this matter.
Sincerely,
Lri�.
Glenn E. Heath, AICP
Principal Planner
Comprehensive Planning Section
cc: w/o enclosure attachments
Mr. Patrick G. White, Assistant County Attorney (239} 659-5709
Mr. Stan Litsinger, AICP, Planning Manager, Comprehensive Planning Section
Ms. Ellie Hoffman, Senior Clerk, Minutes & Records, Clerk of Courts Office
PHONE (941) 403-2400 FAX (9411 643-6968 www co.collier.fl.us
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and tnform<ition Services
Division of Licensing
ME)41BER OF THE FLORIDA CABINET FLORIDA DEPAI�rMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
May 7, 2002
Honorable Dwight E. Brock
Clerk to Board of Commissioners
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Dear Mr. Brock:
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillsborough County
Preservation Board
RINGLING A�IUSEUri1 OF ART
��
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated April 29, 2002 and corrected certified copy of Collier
County Ordinance No. 2002-09, which was filed in this office on May 6, 2002.
As requested, the date stamped copy is being returned for your records.
LC/mp
Enclosure
The Collins Building
FAX: (850) 245-6282 •
Sincerely,
Liz Cloud, Chief
Bureau of Administrative Code
BUREAU OF ADMINISTRATIVE CODE
• 107 West Gaines Street •Tallahassee, Florida 32399-0250 • (850) 245-6270
WWW Address: http:/Iwww.dos.state.fl.us • E-Mail: electio�i@niail.dos.state fl.a�s
�I ORDINANCE NO.02-.
ORDINANCE ESTABLISHING THE FLOW WAY
MMUNITY DEVELOPMENT DISTRICT; ADOPTING
INDINGS OF FACT; PROVIDING FOR AUTHORITY;
DESCRIBING THE EXTERNAL BOUNDARIES OF THE
DISTRICT; NAMING THE INITIAL MEMBERS OF THE
BOARD OF SUPERVISORS; NAMING THE DISTRICT;
ECOGNIZING GOVERNING LAWS; CONSENTING TO
E EXERCISE OF CERTAIN SPECIAL POWERS;
OVIDING FOR CONFLICT AND SEVERABILITY;
OVIDING FOR INCLUSION IN THE CODE OF LAWAS
D ORDINANCES; AND PROVIDING AN EFFECTIVE
TES
RECITALS
WHEREAS, Mirasol Development, L.L.C. has petitioned the Board of County
Commissioners (Board) of Collier County, Florida, a political subdivision of the State of
Florida, to establish the FLOW WAY COMMUNITY DEVELOPMENT DISTRICT
(District); and
WHEREAS, the Board of County Commissioners, after proper published notice
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 Section
190.005 (1) (a), Florida Statutes; and all statements contained within the
petition are true and correct.
2. Establishment of the proposed District is not inconsistent with any
applicable element or portion of the local comprehensive plan of Collier
County, known as the Collier County Growth Management Plan, or the
State Comprehensive Plan,
3. The area of land within the proposed District is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as
one functional interrelated community.
4. The District is the best alternative available for delivering community
development services and facilities to the area that will be serviced by the
District.
5. The community development services and facilities of the District will not
be incompatible with the capacity and uses of existing local and regional
community development services and facilities.
6. The area that will be served by the District is amenable to separate
special -district government; and
WHEREAS, it is the policy of the State, as provided 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 cwmply with all applicable governmental laws, rules, regulations,
and policies governing planning and permitting of the development to be served by the
district, to ensure that neither the establishment nor operation of such district is a
development order under Chapter 380, Florida Statutes, and that the district so
established does not have any zoning or permitting powers governing development; and
WHEREAS, Section 190.004 (3), Florida Statutes, provides that all governmental
planning, environmental, and land development laws, regulations, and ordinances apply
to all development of the land within a community development district; and that a
�a
Y
ti
district shall take no action which is inconsistent with applicable comprehensive plans,
ordinances, or regulations of local general purpose government; and
•
WHEREAS, pursuant to Section 190.012, Florida Statutes, the District's special
powers are subject to the regulatory jurisdiction and permitting authority of all applicable
governmental bodies, agencies and special districts having authority with respect to any
area included therein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: FINDINGS OF FACT.
The foregoing Recitals are hereby adopted as if fully set forth here as findings of
facts which are determined by the Board to be true and correct.
SECTION TWO: AUTHORITY FOR ORDINANCE.
This Ordinance is adopted pursuant to Section 190.005 (2), Florida Statutes, and
other applicable provisions of law governing county ordinances.
SECTION THREE: ESTABLISHMENT OF THE FLOW WAY COMMUNITY
DEVELOPMENT DISTRICT.
The Flow Way 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 FOUR: DESIGNATION OF INITIAL BOARD MEMBERS.
The following five persons are herewith designated to be the initial members of
the Board of Supervisors:
1. Christopher G. Clausen
2074 Sevilla Way
2. Jack Sterling
3221 64'h Street, SW
Naples, FL 34105
5. Thomas Barre
SECTION FIVE: DISTRICT NAME.
Bowers
4. Mark Alderuccio
5425 Park Central Court
Naples, FL 34109
The community development district herein established shall henceforth be
known as the "Flow Way Community Development District."
SECTION SIX: STATUTORY PROVISIONS GOVERNING DISTRICT,
The Flow Way Community Development District shall be governed by the
provisions of Chapter 1 S0, Flc, ida Statutes, and all other applicable general and local
law.
SECTION SEVEN: CONSENT TO SPECIAL POWERS.
The Board specifically consents to the District's exercise of certain additional
special powers #o 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) and (d), Florida Statutes, The Board further recognizes the District's
right to seek consent from Collier County for further additional special powers in
accordance with Section 190.012(2), Florida Statutes,
SECTION EIGHT: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or
other applicable law, the more restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portion.
SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code
of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may
be renumbered or relettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
SECTION TEN: EFFECTIVE DATE.
tate. This Ordinance becomes effective upon filing with the Florida Department of
S
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, &Lfe of.. , 2002.
Sit! I E: �
E.
BROC
0
iy
Deputy Clerk
Attl�t i� 1� �,`hitt'frin's
si�atwy s�.
Approved as to Form
And Legal Sufficiency.
PAfiRICK �1
Assistant Cou
Attorney
SIONERS
BOAR
COLLIER COUNTY, FLORIDA
BY:
DAMES N. COLETTA, CHAIRMAN
This ordinance filed with the
retgry of S ate's Office the
ULAY of
and ocknowledgerne o that
received this day
of , a..
3
Inc. of Na les
p
Project Management Services
February 15, 2002
Glenn Heath AICP
Collier County Comprehensive Planning Services
2800 North Horseshoe Drive
Naples, FL 34104
Re: Flow Way CDD —Revised Petition and Ordinance
Dear Glenn:
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Please find enclosed a revised petition and ordinance for the Flow Way CDD in
accordance with our discussions at today's meeting. I have also included 9 copies of the
complete petition package for distribution. Keep in mind that, while there is an original
signed petition enclosed, the original consent form and original SERC are still in your
files. If you could please incorporate those originals with the revised package, I would
appreciate it.
If you have any questions or comments, please feel free to contact me.
Si
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aren Bishop �: = �=
President �' �� E � r`�"
cn-. _..
�� _ .
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2335 Tamiami Trail N., Suite 408, Naples, FL. 34103 / (94l) 435-9080 x3 /Fax (941) 435-9082 /Email: irishpms�a aoi.com
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
RE: PROPOSED ORDINANCE PURSUANT TO )
SECTION 190.005 (2), FLORIDA STATUTES )
TO ESTABLISH THE FLOW WAY )
COMMUNITY DEVELOPMENT DISTRICT )
DISTRICT
MIRASOL DEVELOPMENT, L.L.C., {hereinafter "Petitioner"), by and through
its undersigned attorney, hereby petitions the Collier County Board of County
Commissioners to adopt an ordinance: 1) establishing and recognizing a Community
Development District (hereinafter "District"} pursuant to the Uniform Community
Development District Act of 1980, Chapter 190, Florida Statutes, as amended;
2} acknowledging the uniform district charter contained in Sections 190.006 through
190.041 as provided by Section 190.004(4), Florida Statutes, establishing the District on
the property described herein within which the District may manage and finance its basic
infrastructure systems, facilities and services as provided in its charter; and 3) designating
the initial District Board of Supervisors. In support of this petition, Petitioner states:
1. Location and Size. The proposed District is located entirely within
unincorporated Collier County, Florida. Exhibit 1 depicts the general location of the
project.
The proposed district covers approximately 830 acres of land.
The site is
F:�PMS-CORPvCOMPAN Y�Claussen�Ivl irasoTcdd-PETITION�ftev isedPe titionforCDD2cfoc
Page 1 of 8
located in portions of Section 15 and Section 22, near the intersection of CR 951 and
Immokalee Road. The metes and bounds description of the external boundaries of the
District is set forth in Exhibit 2.
2. Excluded Parcels. There are no parcels within the external boundaries of
the proposed District, which are to be excluded from the District.
3. Landowner Consent. At the time of filing this Petition, all of the land to
be included in the District is owned by IMCOLLIER Joint Venture. Petitioner has
obtained written consent to establish the District in accordance with Section 190.005, F.S.
Documentation of this consent is contained in Exhibit 3.
4. Initial Board Members. The live persons designated to serve as the initial
members of the Board of Supervisors of the proposed District is as follows:
Christopher G. Claussen
2074 Sevilla Way
Naples. FL 34109
Jack Sterling
3221 64`'' St. SW
Naples, FL 34105
Bruce Bowers
1205 Pocantico Lane
Naples FL 34110
Mark Alderuccio
5425 Park Central Court
Naples, FL 34109
Thomas Barrett
132-204 Pebble Shores Drive
Naples, FL 341 IO
F:�PMS-CORP�COMPAN11Cia ussenWl iras o f�cdd-P ET1TI0 MRc visedPc t i tionforCDD2,doc
Page 2 of 8
All of the above -listed persons are residents of the State of Florida, and citizens of
the United States of America.
5. Name. The proposed name of the District is the "Flow Way Community
Development District."
6. Existin Zoning. Currently, the lands to be included within the District
are zoned PUD. Neighboring lands are principally zoned PUD and AG, as shown in
Exhibit 4.
7. Future Land Uses. The future general distribution, location, and extent of
the public and private land uses proposed for the District by future land use plan element
of the County's Future Land Use Plan is identified on Exhibit 5. The construction of
approximately up to 799 residential dwelling units, recreational areas, 36 holes of golf,
clubhouse, a swimming and fitness facility, a tennis facility, and a network of trails and
parks are authorized for the portions of the development to be included within the
District. Development is projected to occur over an estimated 8-year period. The
proposed Land uses for the lands contained within the proposed District are consistent
with the approved Collier County Future Land Use Plan.
E'�
for Water ,
lities. Exhibit 6 shows the major trunk
water mains and wastewater interceptors within the currently undeveloped lands
proposed to be included within the District. A portion of the storm water run-off will be
reclaimed for golf course irrigation. It is currently proposed that Collier County will
provide water and sewer service to the lands within the District.
F;�PM S-CORP�COMPANY�C IaassenWlirasol�cdd-PE71T'IOMRevisedPetitionforCDD2.doc
Page 3 of 8
9. District Facilities and Services. Exhibit 7, attached hereto, depicts the
type of facilities the Petitioner presently expects the District to finance, construct and
install from approximately 2001-2008. The estimated costs of construction are also
described in Exhibit 7. Actual construction timetables and expenditures will likely vary,
due in part to the effects of future changes in the economic conditions upon costs such as
labor services materials interest rates, and market conditions.
10. Mitigation lands for the project i
> and to thf
t of
Section 10. The District shall have the authority, pursuant to Section 190.012 (1)(f),
Florida Statutes, to exercise all powers under the Act with regard to the mitigation lands
depicted as the "Upland Preserve" and "Wetland Preserve" areas on attached Exhibit 8.
These mitigation lands are in addition to the mitigation lands located within the
boundaries of the District and perpetual maintenance and monitoring is required by the
South Florida Water Management District as a condition of Environmental Resource
Permit (Application No. 000518-10). These areas are necessary to construct the public
and private land uses identified in Exhibit 5. The District shall comply with all the
conditions in the permit issued pursuant to Application 000518-10 regarding the
perpetual maintenance and monitoring of the mitigation areas as depicted in Exhibit 8.
11. Chain (or ribbon�of lakes. The District shall have the authority, pursuant
to Section 190.012 (1)(a), Florida Statutes, to exercise all powers under the Act on the
water management improvements depicted as the "Flow Way Conveyance" on attached
Exhibit 8. These water conveyance improvements provide the necessary legal positive
outfall to drain the land uses within the District. These conveyances are also a condition
F:�PMS-CORP�COMPANY�CIaussenWi irasoi�cdd-PE7T7TON�RevisedPetitionforCDD2.doc
•.:- � •
for the issuance of the South Florida Water Management District to obtain the
Environmental Resource Permits (Applications No. 000518-10, 010419- and 970923-
12) required for the lands within the District. As part of the reasonable assurances
granted to the South Florida Water Management District for the referenced
Environmental Resource Permit applications, the District shall comply with all the
necessary and required permit conditions in the permits associated with the referenced
applications, requiring perpetual maintenance and operation of the Flow Way
Conveyance area as depicted in Exhibit 8. To insure that the District has the authority to
exercise its powers on all of the water management improvements located outside the
geographical boundaries of the District, it has been granted a Drainage Ingress/Egress
and Maintenance Easement from the adjacent landowners (Olde Cypress Development,
Ltd., and Robert Vocisano, Trustee) over which a portion of these water management
improvements are located which is attached as Exhibit 8A. These entities are not located
within nor a part of the District, however, in order for Petitioner and these adjacent
landowners to obtain their Environmental Resource Permits, the District was required to
accept responsibility over the maintenance responsibilities for the Flow Way Conveyance
set forth in Exhibit 8.
12. Statement of Estimated Reaulatory Costs. Exhibit 9 is the statement of
estimated regulatory costs ("BERG") prepared in accordance with the requirements of
Section 120.541. Florida Statutes (1997). The SERC is based upon presently available
data. The data and methodology used in preparing the SERC, accompany it.
F;�PMS-CORACO MPANY�CIa�usenVvl irasol`cdd-P6TITIOIW2e viscdPctit ionforCDD2.doc
Page 5 of &
13. Authorized Agent. The Petitioner, Mirasol Development, L.L.C., a Florida
Limited Liability Company, is authorized to do business in Florida. The authorized agent
for the Petitioner is:
Robert G. Claussen
6025 Carlton Lakes Blvd.
Naples, FL 3 4110
See Exhibit 10 —Authorization of Agent. Copies of all correspondence and official
notices should also be sent to:
Dr. Henry Fishkind
Fishkind &Associates, Inc.
11869 High Tech Avenue
Orlando, FL 32817
And:
Ms. Neale Montgomery, Esq.
Pavese, Haverfield, Dalton, Harrison, &Jensen, L.L.P.
P.O. Drawer 1507
Ft. Myers, FL 33902-1507
14. This petition to establish the Flow Way Community Development District
should be granted for the following reasons:
A. Establishment of the District and all land used and services
planned within the proposed District are not inconsistent with applicable elements
or portions of the effective State Comprehensive Plan or the Collier County
Comprehensive Plan.
B. The area of land within the proposed District is part of a planned
community. It is of a sufficient size and is sufficiently compact and contiguous to
be developed as one functional and interrelated community.
F:�PMS-CORPS,COMPANY�ClaussenW(irasoi�cdd-PET[TIONV2evisedPctitionforCD D2.doc
C. The establishment of the District will prevent the general body of
taxpayers in Collier County from bearing the burden for installation of the
infrastructure and the maintenance of certain facilities with the development
encompassed by the District. The District is the best alternative for delivering
community development service and facilities to the proposed community withou±
imposing an additional burden on the general population of the local general-
purpose government. Establishment of the District in conjunction with a
comprehensively planned community, as proposed, allows for a more efficient use
of resources.
D. The community development services and facilities of the District
will not be incompatible with the capacity and use of existing local and regional
community development services and facilities. In addition, the establishment of
the District will provide a perpetual entity capable of making reasonable
provisions for the operation and maintenance of the District's services and
facilities.
E. The area to be served by the proposed District is amenable to
separate special -district government.
WHEREFORE, Petitioner respectfully requests the County Commission of
Collier County, Florida to:
1. Direct its staff to schedule a public hearing in accordance with the
requirements of Section 190.005 (2) (b). Florida Statutes (1997);
F:�PM S-CORP�COMPANY�Ciaussen�.�9irasoT�cdd-PE7TITOMReviscdPetitionforCDD2.doc
Page 7 of 8
2. Grant the petition and adopt an ordinance to establish the District pursuant
to Chapter 190, Florida Statutes;
3. Consent to the District's exercise of certain additional special powers 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, guard -houses, 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} and (d), Florida
Statutes.
RESPECTFULLY SUBMTTTEP
2002.
this �� day of �"/�"�u��'"
By
Neale Montgomery
Pavese, Haverfield, Dalton,
Harrison &Jensen, L.L.P.
1833 Hendry Street
P.O. Drawer 1507
Fort Myers, FL 33902-1507
Representatives for the Petitioner
F:�PMS-CORP�COMPANY�ClaussenVvf irasol�cdd-PETTTIOMRevisedPetitionforCDD2.doc
I'
.•
List of Exhibits for
PETITION TO ESTABLISH
A CO1��lViUNITY DEVLOPMENT DISTRICT (Flow Way CDD}
Exhibit 1, Depicts the general location of the project
Exhibit 2, The metes and bounds description of the external boundaries of the district
Exhibit 3, Documentation of consent of iandowners
Exhibit 4, A map showing existing land use and zoning information within and adjacent
to the proposed District
Exhibit 5, The future general distribution, location, and extent of the public and Private
land uses proposed for the District by future land use plan element of the
County's Future Land Use Plan
Exhibit 6, Major trunk water mains and wastewater interceptors within the currently
undeveloped lands proposed to be included within the District
Exhibit 7, Depiction of type of facilities to be built, and estimated timetable and costs of
construction
Exhibit 8, Mitigation Lands, Water management improvements
Exhibit 8A, Drainage, IngresslEgress and Maintenance Easement
Exhibit 9, Statement of estimated regulatory costs ("BERG") prepared in accordance with
the requirements of Section 120.541. Florida Statutes (1997)
Exhibit 14, Authorization of agent
F:IWPDATA1N11�CCMS�L.ist of Exhibits far petition.dac
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LINE TABLE
UNE
LENGTH
BEARING
L1
990.31
L2
1332.41
•1 •ry
L3
328.96
7'
L4
133266
1'1 ' "W
L5
655.72
g '1 "W
L6
133231
'
L7
653.40
g 'W
LS
1331.97
0 W
L9
65f.06
"W
L10
2662.98
"W
L11
988.18
"
L13
139.54
0'�"
L14
98.12
S g g'44'W
L15
38.87
N 0' 8'W
L16
75.67
g'
L17
215.4s
N71'44' "W
L18
80.88
g `W
L19
74.98
L20
1g0.49
"
L21
738.04
•
L22
2676.29
•
L23
1334.41
L24
1306.80
"W
L25
2867.44
1 g'
L26
1g4.50
"�y
L27
1333.63
L28
1155.54
S '10'34'W
c27
C30
C35-C37
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SECTION 22
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.■■■:.� RUNDAGE, INC
I' Professional Engineers, Planners ac L1nd Surveyors
61fr. G.raAi 7sOf T■wu.i 7..a Y, • NqW. A - Ntw • 1f.i 11N 1) fl7a f It -f�: � tl laLtlal
Lr �P IWH..dr�L...t•F.n Atha. FL 13f01.lW plq )J7.1111-fm D/tf)N•If 7t
Cnd6c�u e( Aa�Aa/iealio" NeL Lb 3[f1 and EE 3K4
FOR: J.D. NICEWONDER
i G �T►.F:
' G P.O.B. � METES AND BOUNDS DESCRIPTION
i SOUTN 1 /4 CORNER FOR THE FLOW WAY CDD Line,
ECTION 22 Located in Portions of SECT'tON3 42 b 15, T 48 5, R 26 E,
. COLLIER COUNTY, FL
Li 128 DRAWN BY: ROP AB8 PROJECT Na:
,� . � , � . _ . _ . . � . CHECKED BY: C?A ACAO FlLE NAME: 80%4AIBOZ
IMMQE(ALEE ROAD (S.R. 846y DATE: 09 19 1 COGO F1lE No.: %883.CG0
ccu a� f • s f nnn• eurrr � rt _3
F YT�TTR TT '7
LEGAL DESCRIPTION OF NICEWONDER PROPERTY SOUTH ' 111
A PARCEL OF LAND LYING IN SECTIONS 15 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS,
Beginning at the South Quarter Comer of said Section 22; thence S.89'09'08"W., a distance of 990.31 feet; thence
N.01'10'O6"W., a distance of 1,332.41 feet; thence N.89'07'39"E., a distance of 328.98 feet; thence N.0112'59"W, a
distance of 1,332.56 feet; thence S.89'06110"W., a distance of 655.72 feet; thence N.01'06'47"W., a distance of
1,332.31 feet; thence S.89'04'26"W., a distance of 653,40 feet; thence N.01'00'48"W., a distance of 1,331.97 feet;
thence 5.89 02 41 W., a distance of 651.08 feet; thence N.00'59'06"W., a distance of 2,662.98 feet; thence
N.00'59'00"W., a distance of 988.18 feet to the point of curve of a non tangent curve to the left, of which the
radius point lies N.21'31'58"W., a radial distance of 359.00 feet; thence northeasterly along the arc, through a
central angle of 29'40'27", a distance of 185.93 feet to a point of reverse curve to the right having a radius of
381.00 feet and a central angle of 18'46'56"; thence northeasterly along the arc, a distance of 124.90 feet to a
point of reverse curve to the left having a radius of 312.00 feet and a central angle of 27038'40"; thence
northeasterly along the arc, a distance of 150.54 feet to a point of reverse curve to the right having a radius of
1,988.00 feet and a central angle of 03'33'22"; thence northeasterly along the arc, a distance of 123.39 feet to a
point of reverse curve to the left having a radius of 412.00 feet and a central angle of 35'06'17"; thence northerly
along the arc, a distance of 252.43 feet to a point of reverse curve to the right having a radius of 188.00 feet and
a central angle of 24'47'52", thence northerly along the arc, a distance of 81.37 feet; thence N.2310'48"E., a
distance of 139.54 feet to a point of curve to the right having a radius of 98.00 feet and a central angle of
107'41'02% thence easterly along the arc a distance of 184.18 feet to a point of reverse curve to the left having a
radius of 212.00 feet and a central angle of 53'55'06"; thence easterly along the arc, a distance of 199.50 feet;
thence N.76'56'44"E., a distance of 98.12 feet to a point of curve to the right having a radius of 88.00 feet and a
central angle of 4442'20"; thence easterly along the arc a - distance of 68.66 feet; thence S.58420'56"E., a distance
of 38.87 feet to a point of curve to the left having a radius of 112.00 feet and a central angle of 71'41'55", thence
easterly along the arc a distance of 140.15 feet to a point of reverse curve to the right having a radius of 225.00
feet and a central angle of 28'55'44"; thence northeasterly along the arc, a distance of 113.60 feet to a point of
reverse curve to the left having a radius of 212.00 feet and a central angle of 27'20'10"; thence northeasterly along
the arc, a distance of 101.15 feet to a point of reverse curve to the right having a radius of 38.00 feet and a
central angle of 58'26'43"; thence easterly along the arc, a distance of 38.76 feet to a point of reverse curve to
the left having a radius of 212.00 feet and a central angle of 3215'37"; thence easterly along the arc, a distance
of 119.37 feet to a point of reverse curve to the right having a radius of 188.00 feet and a central angle of
23'02'51 "; thence easterly along the arc, a distance of 75.62 feet to a point of reverse curve to the left having a
radius of 212.00 feet and a central angle of 46'44'53"; thence easterly along the arc, a distance of 172.97 feet to
a point of reverse curve to the right having a radius of 188.00 feet and a central angle of 28'19'29"; thence
easterly along the arc, a distance of 92.94 feet to a point of reverse curve to the left having a radius of 212.00
feet and a central angle of 30'42'52"; thence northeasterly along the arc, a distance of 113.65 feet; thence
N.51'38'22"E., a distance of 75.67 feet to a point of curve to the right having a radius of 188.00 feet and a central
angle of 56'37'01"; thence easterly along the arc a distance of 185.77 feet; thence S.71044'38"E., a distance of
215.48 feet to a point of curve to the left having a radius of 312.00 feet and a central angle of 15'36'30"; thence
easterly along the arc a distance of 84.99 feet to a point of reverse curve to the right having a radius of 138.00
feet and a central angle of 30'18'09"; thence easterly along the arc, a distance of 72.99 feet to a point of reverse
curve to the left having a radius of 162.00 feet and a central angle of 38'42'28"; thence easterly along the arc, a
distance of 109.44 feet to a point of reverse curve to the right having a radius of 138.00 feet and a central angle
of 3416'32"; thence easterly along the arc, a distance of 82.55 feet to a point of reverse curve to the left having
a radius of 162.00 feet and a central angle of 32`18'53"; thence easterly along the arc, a distance of 91.37 feet;
thence N.86'12'12"E., a distance of 80.88 feet to a point of curve to the right having a radius of 138.00 feet
(SEE SHEET 3 OF 3 FOR CONTINUATION)
GENERAL NOTES:
1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. C NET A SURVEY `h'
L R.O.W. a RIGHT-OF-WAY.
/�i 0 NEW
0000
3. CURVE DIMENSIONS ARE AS FOLLOWS: ■■■■r GNOLI
::0BARBER &
o = DELTA, R = RADIUS, A = ARC, CH CHORD, 1:nC:rBRUNDAGE, INC.
AND CHB = CHORD BEARING Professional Engineers, Planners be Land Surveyors
61W. Cwe,t )400 Tun" Tm4 N. • Ng4i4 f L - ]1100 • "u (N 1)$"*] 111- /au 01I) G&&U ]
4. BEARINGS ARE ASSUMED BASED ON THE SOUTH LINE OF THE 'A� N
6av of 'm6'''"3"" n . n�,cN,,,s7•, 11(•�a1„]. 117s
CadulLaiauo� ol. L.J! 3iN and EB Eb ]f64
SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, FOR. J.D. NICEWONDER
BEING N 89`10'34" E, nTLe
METES AND BOUNDS DESCRIPTION
5. TOTAL AREA = 829.74 ACRES MORE OR LESS. FOR THE FLOW WAY CDD Line,
Located In Portions of SECTIONS 22 315, T 48 S, R 26 E,
COLLIER COUNTY, FL.
DRAWN BY: ROP ABB PROJECT No.:
CHECKED BY: CPA ACAD RLE NAME: 8074AIB02
DATE: 09119101 COGO RLE No,: $$.i cco
SCALE: 1' = loco' SHEET 17 Of
EXHIBIT 2
CURVE TABLE
CURVE RADIUS LENGTH DELTA ANGEN CHORO BEARING
C1 339.00 185.93 95.10
C2 381.00 124.90 g3.01 "
C3 31200 130,54 7g.7g
C4 1988.00 123.39 3 g1.71 •4 ' 'yy
CS 41200 252.43 ' 7" 13Q32 '05"
C6 188.00 81.37 41.33 •yy
C7 98.00 184.19 1 T 134.11 1' 'yy
C8 212.00 199.50 107.83 g '4,3•
C9 88.00 68.68 38.19 8 •4 , 'yy
C10 112.00 140.15 1'41' 80.92 •4g' '
C11 225.00 113.80 S8.04 1'yy
C12 212.00 101.15 51.55 5 '47'
C13 38.00 38.78 21,26 '0 •
C14 212.00 119.37 3 61.31 '
C15 188.00 75.82 1' 38.33 9'1 '13`W
C16 212.00 17297 91.g3
C17 188.00 9294 g' 47.44 •yy
C18 212.00 113.B5 •4 58.22 N 8'S9' '
C19 188.00 185.77 101.26 g •
C20 31200 84.99 1 4276 g •
C21 138.00 7299 0'1 37.37 N7 "yy
C22 18200 109.44 '4 ' S6.90 7 '1 •
C23 138.00 82.55 42.SS 7 ' 11•W
C24 162.00 91.37 '1 48.93 '2 •
C25 138.00 224.07 1 �S.SO 4 'S •
C28 31200 330.38 182.57 �' •
C27 11200 57.g9 '3p' 29.50 g
C28 308.00 383.12 ' i• 220.79 •
C29 908.00 484.40 'S 248.11 g'
C30 f 1200 134.34 78.58 •
C31 512.00 333.98 173.18 8'31' 4'
C32 488.00 155.66 78.50 N8 4' 'W
C33 Si200 297.82 3 79' 153.25 6 4'0 'E
C34 488.00 178.15 g" 90.08 '4 'W
C35 21200 94.41 48.00 N7 '4
C36 588.00 217.08 g' 109.79 5'4 ' 'W
C37 103.00 54.98 5'0 28.16 70'S9'S4"
�:
(CONTINUED FROM SHEET 2 OF 3)
and a central angle of 93'01'46"; thence southeasterly along the arc a distance of 224.07 feet to a point of reverse
curve to the left having a radius of 312.00 feet and a central angle of 60'40'03"; thence southeasterly along the
arc, a distance of 330.36 feet to a point of compound curve to the left having a radius of 112.00 feet and a
central angle of 29'30'43"; thence easterly along the arc, a distance of 57.69 feet to a point of reverse curve to
the right having a radius of 308.00 feet and o central angle of 71`I6'11"; thence southeasterly along the arc, a
distance of 383.i2 feet to a point of compound curve to the right having a radius of 908.00 feet' and a central
angle of 30'33'57"; thence southerly along the arc, a distance of 484.39 feet to a point of reverse curve to the left
having a radius of 112.00 feet and a central angle of 68'43'29"; thence southeasterly along the arc, o distance of
134.34 feet; thence S.57'S0'09"E., a distance of 74.98 feet to a point of curva to the left having a radius of
512.00 feet and a central angle of 37'22'29"; thence easterly along the arc a distance of 333.98 feet to a point of
reverse curve to the right having a radius of 4.88.00 feet and a central angle of 18'16'33"; thence easterly along the
arc, a distance of 155.66 feet to a point of reverse curve to the left having a radius of 512.00 feet and a central
angle of 33'19'39"; thence easterly along the arc. a distance of 297.82 feet to a point of reverse curve to the right
having a radius of 488.00 feet and a central angle of 20'54'59"; thence easterly along the arc, a distance of 178.15
feet to a point of reverse curve to the left having a radius of 212.00 feet and a central angle of 25'30'Sfi"; thence
easterly along the arc, a distance of 94.41 feet to a point of reverse curve to the right having a radius of 588.00
feet and a central angle of 21'09'09"; thence easterly along the arc, a distance of 217.08 feet to a point of reverse
curve to the left having a radius of 103.00 feet and a central angle of 30'35'07"; thence easterly along the arc, a
distance of 54.98 feet; thence N.55'42'20"E., a distance of 160.49 feet; thence S.01'43'53"E., a distance of 738.04
feet; thence S.01'4i'44"E., a distance of 2,676.29 feet; thence S.D1'42'40"E., a distance of 1,334.41 feet; thence
S.89'04'26"W., a distance of 1,306.80 feet; thenca S.Oi'30'39"E., a distance of 2,667.44 feet; thence S.89'08'23"W.,
a distance of 164.50 feet; thence S.01'29'06"E., a distance of 1,333.fi3 feet; thence S.69`10'34"W., a distance of
1,155.54 feet to the POINT OF BEGINNING. .....�.
Containing 829.74 acres, more or less;
subject to easements and restrictions of record.
* N �' A � ' '�
AGNOLI, BARB RUNDAGE, INC.
Professional s, Planners &Land Surveyors
BY
Guy P. Ad s, P.S.M. # 4390
LI
�'�
::a:i:RI�ItUNDAGE, INC.
Professional Engineers, Planners &land Surveyors
GRkr Cw.t,i 7�00 T..:i.i 7n0 Y.. NTYa, A • H to • Hu H+1> m-u t t • I'.0 eM11 twlot
[.. a..m l(2f H.wL, t•."•F.e M,•n. FL ttf�l A.: (f+l►]77dlit-faa t7•tl tt+t�7t
C�4" of r�rrLarsacio• Nsr. L1 JiH ud Es �K1
J.D. NICEWONDER
n�:
METES ANO BOUNDS DESCRIPTION
FOR THE PLOW WAY CDD Line,
Located In Portions of SECTIONS 22 3� 15, T 4s S, R 26 E,
COLLIER COUNTY. FL _
EXHIBIT 2
EXHIBIT 3
Consent and Joinder of Landowners
Ta Establishment of a Community Development District
The undersigned is the owner of certain lands more fully described on Exhibit 2 attached hereto and made a par
hereof ("Property").
The undersigned understands and acknowledges that Mirasol Development, L.L.C. ("Petitioner") intends to submi�
an application to establish a Community Development District in accordance with the provisions of Chapter 190 01
the Florida Statutes.
As an owner of lands which are intended to constitute the Community Development District, the undersigned
understands and acknowledges that pursuant to the provisions of Section 190.0005, Florida Statutes, the
Petitioner is required to include the written consent to the establishment of the Community Development District of
one Kindred percent (100%} of the owners of the lands to be included within the Community Development District.
The undersigned hereby consents to the establishment of a Community Development District which will include
the Property within the lands to '�e part of the Community Development District and agrees to further execute any
documentation necessary or convenient to evidence this consent and joinder during the application process for the
establishment of the Community Development District.
The .undersigned acknowledges that the consent will remain in full force and effect until the Community
Development District is established or three years from the date hereof, which ever shall first occur, The
undersigned further agrees that it will provide to the next purchaser or successor in interest of all or any portion of
the Property a copy of this consent form obtain, if requested by Petitioner, a consent to establishment of the
Community Development District in substantially this form.
The undersigned hereby represents and warrants that it has taken afl actions and obtained all consents necessary
to duly authorize the execution of this consent and joinder by the officer executing this instrument.
Executed this day ,September 1, 2001
IMCOLLIER JOINT VENTURE,
A Florida General Partnership,
By: Mirasol Development, LLC
A Florida Limited Liability Company,
Managing Venturer
BY: YL�'l'
Robed G. Ciaussen, Managing Member
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 1 day of September, 2001, by
Robert G. Claussen, Managing Member, on behalf of the Landowners. He is per�naliy knowrl,�o me.
p�pC1AL NOTApY S�N-
1P�Y pUe�i JOHN J ST6RL4NG
� � n ��� ��
;, Q CC730892
Tl �o wy comma+ p�ttt�s
Foy ��,0 APR. 5,2002
R 25 E R 26 E R 27 E R 28 E R 28 E R 31 E R 31 E R 32 E 3 E R 34 E
FUTURE LAND USE MAP ,
On Collier County Florida
1--
Exhibit 5
r
The Flow Way
F
CDD Line
\ LEE COUNTY
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11
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FLORIDA PANTHER
NATIONAL WILDUFE
REFUCE
FAKAHATCHEE STRAND
STATE
PRESERVE
i
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If I CAPE ROMANO - TEN THoLiw -1$[AIbS`;^ ' _
ACAIATIC PRESERVG.4-k �ti Ev _n W
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.. PLANIA]✓.
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GLAOE$ NATIONAL PAPoE
PRtyMED Br. uAPwa AND TED1WCAl SLYPOIR scrnw � _ Danx.DD
[D,.AA.ry DExiwNar MD LNAnnONBENrAL sE9PAc€s DrvooN - � - -
DATE. snml ntn nNu-sLlc-zoDlnNc / PLDT. AurxAD PLL
J R 25 E I R ZB E I R 27 E I R 2B E I R 29 E I R 30 E
wnaB
LAAo uBB MAP
.DoorzD -
.wur, T9w
AUENDCD -
,MUMr, 1810
AYD4= -
FMRUARY, 1991
WDNCm -
WAY, 1912
A"ENDED -
Y, 1993
AWCMCO -
APnL, 1114
"ENDED -
OCTODEA IB9r
AlApnm -
.A1uARr. lne
MENDED -
r MY. 1222
AAUNDm -
rTSRUMY. 2000
AUENDED -
WAY, 20m
AueWED -
DECdMR 20m
AMENKO -
mmO. 7m1
,N01T� :::
URBAN DESIGNATION AGRICULTURAL / RURAL
�O ILA peT�T DESIGNATION
INeAAN RGTnFNnAI 91eD6nRR ❑ AGODEBIWRAL/IIWE 1Wft UN 0WTMGT
O
PUIIAL CoYM ynDSmCE RC90DInAL OdS1Y BAML
. m1Ru smEANDNr M€. USRBCT
® UPBM COASTAL nlNCE SUPDOWObCT ❑ INRAL 1OUS11b DSmR
® uPBAN KSn(AT A. MNCE Sli9STRCT ■ ESTATES DESIGNATION
arna AND wnm C0IV MR SUDB6 v
PUD MoCHBO l0m u1LAa CENTER swuST T CONSERVATION DESIGNATION
reADn NAL eoGmBOANO00 o Gm sAmaTRlcr OVERLAYS AND
C eNNSTNTsPART anaTllcr SPECIAL FEATURES
OD[IETTE / PwC ROCi
C�NLN[PLTAL 1NILL SUBOSTiiCT p imca"ATEO MEAS
■aANa nnsmW
IAU;D 1L
®USED EAwCH / CT
Na MEAS Or ENWONWCnTAt O'CMN VAaT o3A D UBDI C1U[A w
DdOELMEEK SWOSAKT
COASTAL MON HAZARD ARSE
CO1/OICDAL ORDMOT ....._. TRAMC CONa1nO1 eDU0aW
■WAED USE AREA OF ODPCAL STArz COT1LTaN
ACnUTY CENYM SuB&SIPICT yM
■ wTONWANCE ACnNTY CENTDM MBOSTRCT NR T NOSE MG
ImmoN / PUNT moct
■ ONIAMGAL wnUL SUSCISTAICT ® HNPA
eufN[II PARK SuePSnINLT
. STInT AREAS
❑ RMMATIEIAL MBTMOT . eAnrdVGTE1'Ar mMaE
eusNCII PARK SATOST1 cr REDTvaV1ONr 0\CRUT
MOIL
(I) IINS uAP CM NOT MC wTERPRETED MTNWT THE GOALS. m GYW3 AND P S Or M ODLuM C'OMW ONTnH WMAaWDNT PLAN
(l) CMACT BDLPNC i OF ALL ACTMTY CE NTTPS MC m"TWIED N THE NTUK LAM USE Q UCNNT
(S) 11K AREAS Or DMURONUCUTAL C6LSANN DATPL.AY M A aPUAL RPNRANTAMW OF KOmANOS
(A) ME C VXWATWT De f `OONN C SUBJECT TO CNANNa AS AREAS Me AGOIVD AND WAY INCLUDE OUIPAM" DV: NTVAC
LAM USE UM SETES IDENnn•c AREAS HIOPOSD IOM rku A AOOUSOOL
(S) 11N[ NTURT LAND USE WM SMUM RNRtn[S THE FOLLDyNC DU K LAM USC U= USE niDquwa ACTPAEY c:m"S:
PROPnIDES CONSSTEWT BY POUCY AM CALJM CD.NEY TERANOS.
(6) RCFDI ID M CODE CATE MCA WASYM PLAN, TK UNOEALEK YMCA MASTER PUN 1M NNE WMm ISLAND VASTER PLAN Ei1N
NTUK LAND USC WMS OF DN RRe CWNMMS.
_. _ - - -' -_ .. .�•-.tin..—'?zc?'�:-E.E\..
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NATIONAL
PRESERVEa.'-
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Page 1 of 3
Exhibit 5
Page 2 of 3
a. Presently developed sites; .
b. Sites where water -dependent or water -related uses have been previously established;
c• Sites where shoreline improvements are in place;
d• Sites where damage to viable, naturally functioning wetlands, or other environmental)
sensitive features, could be minimized. y
Port of the Islands is a unique development, which is located within the Urban Designated Area
is also totally within the Big Cypress Area of Critical State Concern. However, a portion of the � but
development was determined "vested" by the State of Florida, thus exempting it from the
requirements of Chapter 380, Florida Statutes. Further, there is an existing Development
Agreement between Port of the Islands, Inc. and the State of Florida Department of Communi
Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands s
eligible for all provisions of the Urban -Mixed Use District in which it is located to the extent that the
overall residential density and commercial intensity does not exceed that permitted under zoning at
time of adoption of this Plan.
1. Urban Residential Subdistrict
The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural
resource constraints and where existing and planned public facilities are concentrated.
This Subdistrict comprises approximately 93,000 acres and 80% of the Urban Mixed Use
District. Maximum eligible residential density shall be determined through the Density Rahn
System but shall not exceed 1fi dwelling units per acre except in accordance with the g
Transfer of Development Rights Section of the Land Development Code.
�_�. urban Coastal Fringe Subdistrict
The purpose of this Subdistrict is to provide transitional densities between the Conservation
• Designated Area and the Urban Designated Area. It includes that area sout
between the City of Naples and Collier -Seminole State Park, including Marco Island and
comprises approximately 18,000 acres and 15% of the Urban Mixed Use District. In order to
facilitate hurricane evacuation and to protect the adjacent environmentally sensitive
Conservation Designated Area, residential densities shall be limited to a maximum of 4
dwelling units per acre, except as allowed in the Density Rating System to exceed 4 units per
acre through provision of Affordable Housing and Transfer of Development Rights, and
except as provided in the BayshorelGateway Triangle Redevelopment Overlay. Rezones are
recommended to be in the form of a Planned Unit Development. The Marco Island Master
Plan shaft provide for density, intensity, siting criteria and specific standards for land use
districts on Marco Island.
s. urban Residential Fringe Subdistrict
The purpose of this Subdistrict is to provide transitional densities between the Urban
Designated Area and the Agricuftura(/Rural Area and comprises approximately 5,500 acres
and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a
maximum density of 1.5 units per gross acre, subject to the following conditions: and are not
subject to the Density Rating System:
a. All rezones are encouraged to be in the form of a Planned Unit Development; and
b. Proposed development in the area shall be fully responsible for all necessary water
management improvements, including the routing of all on -site and appropriate off -site
water through the project's water management system, and a fair share cost of necessary
improvements to the CR 951 canallout-fall system made necessary by new development
in the area.
19
t�� =Plan Amendment CP-2000-1 adopted by Ordinance No. 2000-87 on December 12, 2000
r Exhibit 5 Page 3 of 3
the asphalt plant: is compatible with surrounding land uses; is not located in a County, State
or Federal jurisdictional wetland area and any required buffer zones; is nat located within
1,000 feet of a Florida State Park; is not located within the Area of Critical State Concern as
depicted on the Future Land Use Map; and, is not located within 1,000 feet of a natural
reservation
` I. Commercial uses accessory to other permitted uses, such as restaurant accessory to golf
course or retail sales of produce accessory to farming, so long as restrictions or
limitations are imposed to insure the commercial use functions as an accessory,
subordinate use. Such restrictions or limitations could include limiting the size andlor
location of the commercial use andlor limiting access to the commercial use;
m. Commercial uses, within the Rural Commercial Subdistrict, based upon criteria;
n. Industrial uses within the Rural -Industrial District;
o. Travel trailer recreational vehicle parks, provided the following criteria are met:
1. The density is consistent with the Land Development Code;
2. The site has direct principal access to a road classified as an arterial in the Traffic
Circulation Element, direct principal access defined as a driveway andlor roadway
connection to the arterial road, with no access points from intervening properties; and,
3. The use will be compatible with surrounding land uses.
(I) A. AQriculturallRurai -Mixed Use District
The purpose of this District is to protect and encourage agricultural activities, conserve and
preserve environmentally sensitive areas, provide for low density residential development, and
other uses identified under the AgriculturaVRural Designation. These areas generally lack public
facilities and services. Urbanization is not promoted, therefore most allowable land uses are of low
intensity in an effort to maintain and promote the rural character of these lands. Residential uses
are allowed as follows, subiect to the Interim Development Provisions:
a. Low density residential dwelling units, at a maximum density of one dwelling unit per five
gross acres, except for legal non -conforming lots of record.,
b. Dormitories, duplexes and other staff housing, as may be provided in conjunction with
conservation uses, at a density in accordance with the Land Development Code;
c. Group housing uses at a density in accordance with that permitted in the Land Development
Code;
d. Staff housing in conjunction with safety service facilities and essential services, at a density in
accordance with the Land Development Code;
e. Farm labor housing in accordance with the Farm Labor Housing provision in the Land
Development Code;
f. Recreation camps as defined in, and at the density allowed by, the Land Development Code.
g. Existing units approved for the Fiddler's Creek DRl may be reallocated to those parts of
Sections 18 and 19, Township 51 South, Range 27 East added to Fiddler's Creek DRI
together with part of Section 29, Township 51 South, Range 27 Eas#, at a density greater than
1 unit per 5 gross acres provided that no new units are added to the 6,000 previously
approved units, which results in a gross density of 1.6 units per acre for the Fiddler's Creek
DRI; and further provided that no residential units shall be located on that part of Section 29
within the Fiddler's Creek DRI; and further provided that South Florida Water Management
District jurisdictional wetlands impacted by the DRI in said Sections do not exceed 10 acres.
(I) 1. Rural Commercial Subdistrict
Within the Agricultural/Rural -Mixed Use District, commercial development, up to a maximum
• of 200 acres, may be allowed providing the following standards for intensity of use are met
and subject to the Interim Development Provisions:
a. The project, or that portion of a larger project, which is devoted to commercial
35
Calllt3l'1' 7
ITEM DESCRIPTION
1 LAND CLEARING
2 UTILITIES
3 INFRASTRUCTURE
4 MITIGATION & ACQUISTION
5 WATER MANAGEMENT SYSTEM
6 LANDSCAPE
7 ENGINEERING
8 PERMITTING
2002
$1,0216667
$4,455,786
3348801473
$410001000
510,3281947
33,084,053
$217616794
$200,000
1cTi�s%� • ' i
FLOW WAY COMMUNITY DEVELOPMENT DISTRICT
Summary of probable costs and Estimated Timetable
2003
2004
2AA5
11-Sep-2001
$1751386 $350,772
$1, 547,825
$488,807 $212646211 $8994349 $247781990 $10,887,143
$455,127 $1,4691995 $444,956 $14273,617 $7,5249168
$10000,000 $110001000 $180001000
_ $720009000
$3,098,945
$13,4279892
$1820037 $20094,064 $1251860 $177,876 $5,663,890
$350,097 $1,179,560 $3364082 $941,156 $565G88689
$164,800 $169,744 $174,836 $1356061
$844,441
EXHIBIT $
POTENiiAl, EASEMENT
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•;•;•;. WETLAND PRESERVE
' ' ' ' 74fi.2 ACRES FLOW -WAY WETLAN®
FLOW -WAY CONVEYANCE
36.5 ACRES Wii1-SIN MIRASOL
25.fi ACRES WTHIN TERAFlNA
29.3 ACRES WITHIN OLDE CYPRESS
1 t�,.a . �...r.r..� �..
f.r.. a.irs o,,.orit
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�l IMq MF� � W ul��
YIfLISOL � FLOC �'dY
� 1'RB'SBRYJS BDUXLtARIL'
Prepared by and return to:
Kenneth W. Dodge
LEWIS, LONGMAN &WALKER, P.A.
17U0 Palm Beach Lakes Blvd # 1000
West Palm Beach, FL 3340!
DRAINAGE, INGRESS/EGRESS AND
MAIlVTENANCE EASEMENT
THIS EASEMENT, granted this day of , 2001, by and between
Robert Vocisano, as Co -Trustee under Land Trust Agreement dated May 24, 1995, and
OLDE CYPRESS DEVELOPMENT, LTD., hereinafter collectively called "Grantors"
and J.D. Nicewonder, hereinafter called "Grantee" and his successors and assigns.
WHEREAS, Grantors Vocisano is Co -Trustee of certain property known as
A, a portion of which is described in Exhibit "A" attached and incorporated
herein, with full powers to protect, conserve, sell, encumber or otherwise dispose of
same; and to which certain property was issued District ERP Permit #
WHEREAS, Grantor Olde Cypress is the owner of certain property known as
OLDE CYPRESS, a portion of which is described in Exhibit "B" attached and
incorporated herein, with full powers to protect, conserve, sell, encumber or otherwise
dispose of same; and to which certain property was issued Permit #
WHEREAS, Grantee Nicewonder is the owner of certain property known as
MIRASOL which desires to construct a flow way for the drainage of surface water to the
Cocohatchee Canal: and to which certain property was issued District ERP Permit #
VYIT`NESSETH
That for and inconsideration of the sum often dollars ($10.00) and other good
and valuable consideration, receipt of which is hereby acknowledged, the Grantors
hereby grant to Grantee and its successors and assigns, a Drainage Ingress and Egress and
Maintenance Easement ("Easement"} over their respective properties described in the
attached Exhibits A & B for the purpose of the drainage of surface waters, together with
an easement for ingress and egress to enter upon the above described lands and to
construct, operate and maintain these lands in accordance with this Drainage,
IngresslEgress and Maintenance Easement and Permit # and Permit # and
Permit # in perpetuity.
This Easement granted herein is subject to the following terms and limitations:
1. Tn the event an entity is created to operate and maintain the above referenced
lands in Exhibits A and B in accordance with this Easement, and Permit #
and Permit # and Permit # ,Grantee shall assign this Easement
to said entity together with all rights of access, maintenance and construction
contained herein. Failure to do so may result in violation of the above
referenced ERP permits.
2. Should Grantee be required to access lands immediately adjacent to the
Easement area in the course of constructing, operating or maintaining said
Easement, Grantors shall not unreasonably withhold the granting of temporary
construction Easements to accomplish same.
IN WITNESS WHEREOF, the Grantors have executed this instrument or caused the
same to be executed by their representatives, there unto duly authorized on the day and
year first above written.
OLDS CYPRESS
DEVELOPMENT, LTD.
Witnesses:
By:
STATE OF FLORIDA
COUNTY OF
BEFORE ME, the undersigned authority, duly authorized to take oaths, appeared
who is personally known to me or who has produced
as identification and has signed the foregoing instrument.
SWORN TO AND SUBSCRIBED BEFORE ME this day of ,
2001.
My commission expires:
NOTARY PUBLiC/ STATE OF FLORIDA
2
Witnesses:
ROBERT VOCISANO
Co -Trustee under Land Trust
Agreement dated May 24, 1995
of TeraFina Development
STATE OF FLORIDA
COUNTY OF
BEFORE ME, the undersigned authority, duly authorized to take oaths, appeared
who is personally known to me or who has produced
as identification and has signed the foregoing instrumer�.
SWORN TO AND SUBSCRIBED BEFORE ME this day of ,
2001.
My commission expires:
[:Client DocamenulMirawf142471MisclEascmcnt.doc
NOTARY PUBLIC/ STATE OF FLORIDA
3
Exhibit g
Page 1 of 5
1.0
1.1
STATEMENT OF ESTIMATED REGULATORY COSTS
Introduction
Purpose and Scope
This Statement of Estimated Regulatory Costs ("BERG") supports the petition to form the Flow VUay
Community Development District ("District"). The proposed District comprises approximately 950
acres of land located in Collier County, Florida, The limitations on the scope of. this SERC are explicitly
set out in Section 190.002(2)(d), F.S. (governing District formation or alteration) as follows:
"That the process of establishing such a district pursuant to uniform general law shall be fair and
based only on factors material to mana_ ina and financing the service delivery function of the district,
so that any matter concerning permitting or planning of the development is not material or relevant
(emphasis added.}"
1.2 Overview of the Flow Way Community Development District
The District is designed to provide community infrastructure, services, and facilities along with their
operations and maintenance, to the proposed Mirasol development. Flow Vvay Community
Development District will be an upscale, fully amenitized, residential golf course community.
The proposed development plan for the lands within the District include the construction of up to 799
single family residential dwelling units, recreational areas, 3fi holes of golf, a golf clubhouse, a swim
and fitness facility, a tennis facility, and a network of trails and parks, is authorized for portions of the
development to be included within the District.
1.3 Requirements for Statement of Estimated Regulatory Costs
Section i20.541(2), F.S. (1997), 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 cast 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 governmental entities, required to comply with the requirements of the rule. As used
in this paragraph, "transactiona! costs" are direct costs that are readily ascertainable based upon
standard business practices, and include filing fees, the cost of obtaining a license, the cost of
equipment required to be installed or used or procedures required to be employed in complying with
the ruse, additional operating costs incurred, and the cost of monitoring and reporting.
Exhibit 9 Page 2 of 5
(d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and ;
analysis of the impact on small counties and small cifiies as defined by Section 120.52, F.S. Colli
County is not defined as a small county for purposes .of this requirement.
(e) Any additional information that the agency determines may be useful.
(f) In the statement or revised statement, whichever applies, a description of any good faith writtE
proposal submitted under paragraph (1) (a) and either a statement adopting. the alternative or
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 b
required to comply with the ordinance, together with a general description of the type
of individuals likely to be affected by the ordinance.
As noted above, Flow Way Community Development District is a residential community designed fc
up to 799 total residential units. Formation of the proposed District would put all of these householc
under the jurisdiction of the proposed District.
3.0 Good Faith estimate of the cost to state and local government entities, a
implementing and enforcing the proposed ordinance, and any anticipated effect on stat�
and focal revenues.
3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance
State Governmental Entities
There will be only modest costs to various State governmental entities to implement and enforce the
proposed formation of the District. The District has fewer than 1,000 acres, so Collier County is th+
establishing entity under 190.005 (2}. F.S. The modest costs to various State entities to implemen
and enforce the proposed ordinance relate strictly to the receipt and processing of various report
that the proposed District is required to file with the State and its various entities. Appendix A list
the reporting requirements. The costs to those State agencies that will receive and process the
.- District's reports are very small, because the District is only one of many governmental units that are
�= required to submit the various reports. Therefore, the marginal cost of processing one additional se
of report is inconsequential. Additionally, pursuant to section 189.412, F.S., the proposed distriC
must pay an annual fee to the State of Florida Department of Community Affairs, which offsets sucl
costs.
Collier County
Since the proposed District � ; in Collier County and consists of less than 1,000 acres, Collier Count
and its staff will process, analyse and vote upon the petition to establish the District. These activitie
will absorb some resources.
Furthermore, even these costs to the County are modest for a number of reasons. First, review of the
petition to establish the District does not include analysis. of the project itself. Second, the petition
itself provides much of the information needed for a staff review. Third, Ioca1 governments routinel�
Exhibit 9
Page 3 of S
process similar petitions for land uses and zoning changes that are far more complex than is the
petition to establish a community development district.
3.2 Impact on State and "vocal Revenues
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 Mirasol development project. It has its own sources of revenue. No State or
local subsidies are required or expected.
In this regard it is important to note than 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. In accordance with State law, debts of the District are strictly its own responsibility.
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 ordinance.
Table 1 provides an outline of the various facilities and services the proposed District may provide.
The drainage facilities will ail be funded, operated and owned by the District, The District will also
fund the construction of the water and sewer distribution system, However, the County will own and
operate the water and sewer system serving the District.
Table 1. Flow Way Community Development District
Proposed Facilities and Services
FACILITY
Drainage
1Nater/Sewer
Roadways/Street Lighting
Recreation
Mitigation
Landscaping
FUNDED BY
CDD
CDD
CDD
CDD
CDD
CDD
O&M BY
CDD
County
CDD
CDD
CDD
CDD
OIAIIYERSHIP
CDD
County
CDD
CDD
CDD
CDD
The petitioner has estimated the design and development costs for providing the capital facilities
outlined in Table 2. The cost estimates are shown in Table 2 below. Total design and development
casts for these facilities are estimated to be approximately $55,694,575. The District may issue
special assessment or other revenue bonds to fund the development of these facilities. These bonds
would be repaid through non ad valorem assessments levied on all properties in the District that may
benefit from the District's capital improvement program as outlined in Table 2.
Prospective future landowners in the District may be required to pay non -ad valorem assessments
levied by the District to secure the debt incurred through bond issuance. In additional to the levy of
non ad valorem assessments for debt service, the Districi may also impose a non ad valorem
assessment to fund the operations maintenance of the District and its facilities and services.
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 non -ad valorem assessments as
tradeoff for the numerous benefits and facilities that the District provides.
Exhibit 9
Page 4 of 5
A Community Development District ("CDD") provides residents with the option of having higher leve
of facilities and services financed through self-imposed charges. The District is an alternative mean
to finance necessary community services. District financing is no more expensive, and often les
expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhoo,
association, County provision, or -through developer equity and/or bank loans.
In considering these costs !t shall be noted that occupants of the lands to be included within thi
District will receive three major classes of benefits.
First, those residents and bc,sinesses in the District will receive a higher level of public services anc
amenities sooner than would otherwise be the case.
Second, a CDD is a mechanism for assuring that the community services and amenities will DE
completed concurrently with development of lands within the District. This satisfies the revises
growth management legislation, and it assures that growth pays for itself without undue burden or
other consumers. Establishment of the District will ensure that these landowners pay for the provisior
of facilities, services and improvements to these lands.
Third, A CDD is the sole form of governance which allows District landowners, through landowner
voting and ultimately electoral voting for resident elected boards, to determine the type, quality and
expense of District services they receive, provided they meet the County's overall requirements.
The cost impact on the ultimate landowners in the District is not the total cost for the District to
provide infrastructure services and facilities. Instead, it Is the incremental costs above what the
landowners would have paid to install infrastructure via an alternative financing mechanism. Given
the low cost of capital for a CDD, the cost impact to landowners is negligible. This incremental cost of
the high quality infrastructure provided by the District is likely to be fairly low.
Table 2. Cost Estimate for District Facilities
CATEGORY
Roadways
.and Clearing
Utilities
Infrastructure
Mitigation & Acquisition
Water Management System
Landscape
Engineering
Permitting
Contingency
TOTAL
COST
$ 1,547,825
$
10,887,143
$ 7,524,168
$ 7,000,000
$ 13,427,892
$ 5,663,890
$ 5,5681689
$ 844,441
3,105,409
$ 55,694,575
Table 3. Probable Cost Estimate and Estimated Timetable.
Attached is Table 3, which 1s an estimate of probable costs and time of improvements.
Exhibit 9 Page 5 of 5
5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.�
and an analysis of the impact on small counties and small cities as defined by Sectic
120.52, F.S.
There will be no impact on small business because of the formation of the proposed District.
anything, the impact may be positive. This is because the District must competitively bid all of i�
contracts. This affords small businesses the opportunity to bid on District work.
Collier County has an estimated population (not incarcerated) in 1998 that is greater than 75,00�
Therefore the County is not defined as a small county according to Section 120.52, F.S.
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 th
;:;� Developer's Engineer and other professionals associated with the Developer.
Prepared by:
EXHIBIT l o
1, Robert G. Clausen, Managing Member of Mirasol Development L.L.C., hereby authorizes the followin
individuals as authorized agents in matters involving Mirasol Development L.L.C., and/or Flow Way g
Community Development District, and /or IMCOLLIER Joint Venture, with any Governmental Agency,
including but not limited to Collier County Board of County Commissioners.
Dr. Henry Fishkind
Fishkind &Associates, Inc.
I I869 High Tech Avenue
Orlando, FL 32817 '
Ms. Neale Montgomery, Esq.
Pavese, Haverfield, Dalton, Harrison, Jensen, LLP.
1833 Hendry Street:,
Ft. Myers, FL 33902
Executed this day ,September 1, 2001
STATE OF FLORIDA
COUNTY OF COLLIER
(MCOLLIER JOINT VENTURE,
A Florida General Partnership,
By: Miraso! Development, LLC
A Florida Limited Liability Company,
Managing Venturer
BY:
Robert G. Claussen, Managing Member
The foregoing instrument was acknowledged before me this 1 day of September,
200I, by Robert G. Claussen, Managing Member Mirasol Development LLC, on behalf of
IMCOLLiER Joint Venture and/or Mirasol Development LLC. He is pers9nally ;
=•
j �;;'t''-�' .
,...
.'
_ „ .,. -
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me.
Exhibit "A-1"
Ordinance No. 2016-35
ORDINANCE N0. 201u - 3 5
AN ORDINANCE AMENDING ORDINANCE NO. 2002-099 THE FLOW
WAY COMMUNITY DEVELOPMENT DISTRICT; AMENDING THE
DISTRICT BY EXPANDING THE EXTERNAL BOUNDARIES,
INCREASING THE DISTRICT FROM 829.74 ACRES TO 849.40 ACRES,
OR 19.66 ADDITIONAL ACRES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on February 26, 2002, the Board of County Commissioners (Board)
adopted Ordinance No. 2002-09 establishing the Flow Way Community Development District,
as a community development district within the meaning of Chapter 190, Florida Statutes; and
WI�REAS, the original boundaries set forth in Ordinance No. 2002-09 established
boundaries resulting in 829.74 acres, more or less; and
WHEREAS, the Board of Supervisors of the Flow Way Community Development
District (Petitioner), has petitioned the Board to annex an additional 19.66 acres as authorized by
Section 190.046(1), Florida Statutes, which would result inn total acreage of 849.40 acres; 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 state and local 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.
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 1,000 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 serviced 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.
[16-CPS-01594/1287982/1] 1
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 %J the expansion powers
based on the contents of the petition.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMNUSSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT OF ORDINANCE N0.2002-09.
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 849.40 acres of land, more or less, as
describeA'n Exhibit B.
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any 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 FOUR: 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 FIVE: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
[l6-CPS-01594/1287982I1] 2
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 1:;o day of Q� .��.�;�, 2016.
ATTEST ,rr • �
DWIGHT E. BROCY%, CLERK
By:
Attest as to Chairman's
signat re only.
Amr ved alto form
Jeffr A: atzls
Coun At pmey
c
legality:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
A FIALA, CHAR
This ordinonce filed with the
Secretary rf S;tate's C7ffice tint
+ day of fvt;k l f v
cnd acknowledgement of ti 140M
filing received this 11f" day
of
[] 6-CPS-01594/1287982/1 ] 3
EXHIBIT IfAIf
LEGAL DESCRIPTION OF NICEWONDER PROPERTY SOUTH
A PARCEL OF LAND LYING IN SECTIONS 15 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
G OWER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
Beginning at the South Quarter Comer of said Section 22; thence S.89009'08"W., a distance of 990.31 feet; thence
N.0110106"W., a distance of 1,332.41 feet; thence N.89007'39"E., a distance of 328.98 feet; thence N,0112'59"W., a
distance of 1,332.56 feet; thence S.89'06'10"W., a distance of 655.72 feet; thence N.01t6'47"W,, a distance of
1,332.31 feet; thence S.89004'26"W., a distance of 653.40 feet; thence N.01'00'48"W., a distance of 1,331.97 feet,•
thence S.89'02'41"W,, a distance of 651.08 feet; thence N.00'59'06"W., a distance of 20662,98 feet; thence
N.00'59'00"W., a distance of 988.18 feet to the point of curve of a non tangent curve to the left, of which the
radius point lies N.21'31'58"W,, a radial distance of 359.00 feet; thence northeasterly along the arc, through a
central angle of 29'40'27", a distance of 185.93 feet to a point of reverse* curve to the right having a radius of
381.00 feet and a central angle of 18'46'56"; thence northeasterly along the arc, a distance of 124.90 feet to a
point of reverse curve to the left having a radius of 312.00 feet and a central angle of 2738'40; thence
northeasterly along the arc, a distance of 150.54 feet to a point of reverse curve to the right having a radius of
1,988,00 feet and a central angle of 03'33'22"; thence northeasterly along the arc, a distance of 123.39 feet to a
point of reverse curve to the left having a radius of 412.00 feet and a central angle of 35'06'17"; thence northerly
along the arc, a distance of 252.43 feet to a point of reverse curve to the right having a radius of 188.00 feet and
a central angle of 24'47'52"; thence northerly along the arc, a distance of 81.37 feet; thence N.2310'48"E., a
distance of 139.54 feet to a point of curve to the right having a radius of 98.00 feet and a central angle of
107'41'02"; thence easterly along the arc a distance of 184.18 feet to a point of reverse curve to the left having a
radius of 212.00 feet and a central angle of 53'55'06"; thence easterly along the arc, a distance of 199.50 feet;
thence N.76'56'44"E., a distance of 98.12 feet to a point of curve to the right having a radius of 88.00 feet and a
central angle of 44'42'20"; thence easterly along the arc a - distance of 68.66 feet; thence S.58'20'560E., a distance
of 38.87 feet to a point of curve to the left having a radius of 112.00 feet and a central angle of 71'41'55"; thence
easterly along the arc a distance of 140.15 feet to a point of reverse curve to the right having a radius of 225.00
feet and a central angle of 28'55'44"; thence northeasterly along the arc, a distance of 113.60 feet to a point of
reverse curve to the left -having a radius of 212.00 feet and a central angle of 27'20'10"; thence northeasterly along
the arc, a distance of 101.15 feet to a point of reverse curve to the right having a radius of 38.00 feet and a
central angle of 58'26'43"; thence easterly along the arc, a distance of 38.76 feet to a point of reverse curve to
the left having a radius of 212.00 feet and a central angle of 3215'37"; thence easterly along the arc, a distance
of 119.37 feet to a point of reverse curve to the right having a radius of 188.00 feet and a central angle of
23'02'51 thence easterly along the arc, a distance of 75.62 feet to a point of reverse curve to the left having a
radius of 21200 feet and a central angle of 46'4453"; thence easterly along the arc, a distance of 172.97 feet to
a point of reverse curve to the right having a radius of 188.00 feet and a central angle of 28'19'29"; thence
easterly along the arc, a distance of 92.94 feet to a point of reverse curve to the left having a radius of 212.00
foot and a central angle of 30'42'52"; thence northeasterly along the arc, a distance of 113.65 feet; thence
N.51638'22"E., a distance of 75.67 feet to a point of curve to the right having a radius of 188.00 feet and a central
angle of 5637'01"; thence easterly along the arc a distance of 185.77 feet; thence S.71'44'38"E., a distance of
215.48 feet to a point of curve to the left having a radius of 312.00 feet and a central angle of 15'36'30". thence
easterly along the arc a distance of 84.99 feet to a point of reverse curve to the right having a radius of 138.00
feet and a central angle of 30`18'09"; thence easterly along the arc, a distance of 72.99 feet to a point of reverse
curve to the left having a radius of 162.00 feet and a central angle of 38'4228"; thence easterly along the arc, a
distance of 109.44 feet to a point of reverse curve to the right having a radius of 138.00 feet and a central angle
of 34'16'32"; thence easterly along the arc, a distance of 82.55 feet to a point of reverse curve to the left having
a radius of 162.00 feet and a central angle of 3218'53"; thence easterly along the arc, a distance of 91.37 feet;
thence N.8612'12"E., a distance of 80.88 feet to a point of curve to the right having a radius of 138.00 feet
(SEE SHEET 3 OF 3 FOR CONTINUATION)
GENERAL NOTES:
1. DIMENSIONS ARE !N FEET AND DECIMALS THEREOF.
2. R.O.W. RIGHT -OF --WAY. NOT A SURVEY
3, CURVE DIMENSIONS ARE AS FOLLOWS: �'•� :� .GNOLI
a DELTA, R RADIUS, A =ARC, CH =CHORD, 6 1013RUNDAGE, INC.
AND CHB = CHORD BEARING Professional Engineers, Planners do Land Surveyors
CaMw G+.7,)MOT. 6. iT,.;1M.. Yt64 Flo -"Im-nu n+I)mm)1tI-Ftea I" 116427;0
In Corr 1[L)llwir{S.esa./.n ►ifT.R137e1 TL fli►2317JUI•F.a 01 ))+t[71
4. BEARINGS ARE ASSUMED BASED ON THE SOUTH LINE OF TTiE `"fL6°""`._,Ni'�'Net:
u'u"`"°El3"4
SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, Fck J.D. NICEWONDER
BEING N 8910'34" E. nnE
METES AND BOUNDS DESCRIPTION
5. TOTAL AREA = 829.74 ACRES MORE OR LESS. FOR THE FLOW WAY CDD line,
Located In.Portlons of SECTIONS 22 & 151 T IE S, R 26 E,
COLLIER COUNTY, FL.
DRAWN BY: ROP ABB PROJECT Na: 7693
CHECKED BY: GPA ACAD FILE NAME 8074002
DATE 09119101 COCO FiLE No.: 883 C'C�
SCALE: I' IDDO' SNEET OF
EXHIBIT 2
C.�rJ
1�.W
75.82
� �..� �
C16
2t200
172Q7
91.�3
C17
18a.aD
92.94
47.44 � "yy
C18
Zt2.08
113.65
SQ22 Ng •
C19
1d8.00
185.77
" 101.26 •
(CONTINUED FROM SHEET 2 OF 3)
and a central angle of 93'01'46"; thence southeasterly along the arc a distance of 224.07 feat to a point of reverse
curve to the left having a radius of 312.00 feet and a central angle of 60'40'03"; thence southeasterly along the
arc, a distance of 330.36 feet to a point of compound curvy to the left having a radius of 112.00 feet and a
central angle of 29 30'43"; thence easterly along the arc, a distance of 57.69 feet to a point of reverse curve to
the right having a radius of 308.00 feet and a central angle of 71'16'11"; thence southeasterly along the arc. a
distance of 383.12 feet to a point of compound curve to the right having a radius of 908,00 feet" and a central
angle of 30'33'57"; thence southerly along the arc, a distanca of 484,39 feet to o point of reverse curve to the left
having a radius of 11200 feet and a central angle of 68'43'29"; thence southeasterly along the arc, a distance of
134.34 feet; thence S.57'S0'09"E., a distance of 74.98 feet to a point of curve to the left having a radius of
512.00 feet and a central angle of 37'22'29"; theme easterly along the arc a distance of 333.98 feet to a point of
reverse curve to the right having a radius. of 488.00 feet and a central angle of 18`16'33"; thence easterly_ along the
arc, a distance of 155.66 feet to a point of reverse curve to the left having a radius of 512.00 feet and o central
angle of 33'19'39'; thence easterly along the arc, a distance of 297.82 feet to a point of reverse curve to the right
having a radius of 488.00 feet and a central angle of 20'54'59"; thence easterly along the arc, a distance of 178.15
feet to a point of reverse curve to the left having a radius of 212.00 feet and a central angle of 25'30'56"; thence
easterly along the arc, a distance of 94.41 feet to a point of reverse curvy to the right having a radius of 588.00
feet and a central angle of 21'09'09"; thence easterly along tha arc, a distance of 217.08 feet to a point of reverse
curve to the left having o radius of 103.00 feet and a central angle of 30'35'07"; thenca easterly along the arc, a
distance of 54.98 feet; thence N.55'42'20"E., a distanca of 160.49 feet; thence S.01'43'53"E., a distance of 738.04
feet; thence S.01'41'44"E., a distance of 2,676.29 fact; thence S.Di'42'40"E., a distance of 1,334.4i feet; thenca
S.89'04'26"W.. a distance of 1,30fi.80 fret; thence S.01'30'39"E., a distance of 2,667.44 feet; thence S.89'08'23`W.,
a distance of 164.50 feet; thence S.01'29'06"E., a dis#anca of 1,333.63 feet; thence 5.89`10'34"W., a distance of
1,155.54 feet to the POINT OF BEGINNING. .....,.
Containing 829.74 acres, more or less;
subject to evsements and restrictions of record.
AGNOU, BARB�(j �t�Rl1NCAGE, INC.
'rofessianal F�}�Jr�e s, Planners &Land Surveyors
4LI
0
:�:::a<17RUNDAGE, INC.
Professional Engineer:, Pianncrr tit Iaad Scuvcrors
GW � �+•••.n f f00 T._. . hd St. • N�1ti7L • N t0� • �.t pll> It'f�)1 tt -7'r Mtl fi4Inl
Lr Crt„ IQi H..LiLw../w Nf..�lL S7F�1 •fY.. p+ll )J7J111 .1'.�•6�q�N-��n
�Lrifya.(A,d,.riodv N...1� liH u1 tJ )iN
J.D. IVICEWONDER
METES AND BOUNDS DESCRIPTION
FOR 7HE FLOW WAY CDD Llne,
Located [n Port(ona of SECI•IdNS 22 3 tS, T �d S, R 26 i~
COWER COUNTY, FL _
Guy P. Adt�rns, P.S.M. �. 4390..
Y:
NAME
GATE: 09 i9 1 COCO FllE No � + sa
SCALE: 1' 1000' EE � DF
EXHIBIT 2
EXHIBIT "B"
ZF
29100BOAM GRMMDRff4 AgMWIM
BONM j8PjRnVZ?4 FL NIM
LEGAL DESCRIPTION
A PARCEL OR TRACT OF LAND SITUATED IN THE STATE bF FLOR@A, COUNTY OF COLLIER, LYING IN
SECTIONS 10, 11, 15 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, SAID PARCEL ALSO BEING A PORTION OF
ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES, AS RECORDED IN PLAT BOOK 53 PAGES I THROUGH 64
(INCLUSIVE) AND BEING FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT THE SO[iTF-IEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE SOUTHERLY
BOUNDARY OF SAID ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES AS RECORDED IN PLAT BOOK 53
PAGES 1 THROUGH 64 (INCLUSIVE); THENCE ALONG THE SOUTHERLY BOUNDARY OF THE PLAT OF SAID
ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES, NORTH 89"58'48" WEST, A DISTANCE OF 990.32 FEET;
THENCE NORTH 00017141 WEST, A DISTANCE OF 1332.48 FEET; THENCE NORTH 89�5945 EAST, A DISTANCE
OF 328.98 FEET; THENCE NORTH 00'20'27" WEST, A DISTANCE OF 1332.63 FEET TO AN INTERSECTION WITH
THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST;
THENCE ALONG SAID SOUTH FRACTION LINE, SOUTH 89°58' l7" WEST, A DISTANCE OF 655.76 FEET; THENCE
NORTH 00°14'37" WEST, A DISTANCE OF 1332.01 FEET; THENCE ALONG SAID FRACTION LINE, SOUTH
99057109" WEST, A DISTANCE 653.40 FEET; THENCE NORTH 00°09'00" WEST, A DISTANCE OF 1332.05 FEET TO
AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 22, THENCE ALONG THE NORTH LINE OF SAID
SECTION 22, SOUTH 89¢54'39" WEST, A DISTANCE OF 651.08 FEET TO THE NORTHWEST CORNER OF SAID
SECTION 22, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SECTION 15, TOWNSUM 48 SOUTH,
RANGE 26 EAST AND ALSO BEING THE WESTERLY BOUNDARY OF SAID PLAT OF ESPLANADE GOLF AND
COUNTRY CLUB OF NAPLES* THENCE ALONG THE WEST LINE OF SAID SECTION 15 AND THE WESTERLY
BOUNDARY OF SAID ESPLANADE PLAT THE FOLLOWING TWO COURSES, COURSE ONE: NORTH 00'OT09"
WEST, A DISTANCE OF 2,663.01 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID
SECTION 15; COURSE TWO: THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 15, NORTH 00007 13" WEST, A DISTANCE OF 988.29 FEET TO A POINT ON A NON -TANGENTIAL CURVE,
SAID POINT ALSO BEING THE SOUTHWEST CORNER OF TRACT 4'P6" OF SAID PLAT OF ESPLANADE GOLF AND
COUNTRY CLUB OF NAPLES. THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT "P6" THE
FOLLOWING 45 COURSES; COURSE ONE: NORTHEASTERLY, 185.62 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 359.00 FEET, THROUGH A CENTRAL ANGLE OF
29°3T3 V AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 54*28'20" EAST, 183.56 FEET TO A POINT
OF REVERSE CURVATURE; COURSE TWO: THENCE NORTHEASTERLY, 124.90 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 381.00 FEET, THROUGH A CENTRAL
ANGLE OF 18046'59" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 49003'05" EAST, 124.34 FEET TO
A POINT OF REVERSE CURVATURE; COURSE 'THREE: THENCE NORTHEASTERLY, 150.54 FEET ALONG THE ARC
OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 312.00 FEET, THROUGH A
CENTRAL ANGLE OF 2703840" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 4403T14" EAST,
149.08 FEET TO A POINT OF REVERSE CURVATURE; COURSE FOUR: THENCE NORTHEASTERLY, 123.39 FEET
ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1.988.00 FEET,
.THROUGH A CENTRAL ANGLE OF 03033'22" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH
32034'35" EAST, 123.37 FEET TO A POINT OF REVERSE CURVATURE; COURSE FIVE: THENCE NORTHERLY, 252.43
FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 412.00 FEET,
_ THROUGH A CENTRAL ANGLE OF 35006' 17" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH
16"48'08" EAST, 248.50 FEET TO A POINT OF REVERSE CURVATURE; COURSE SIX: THENCE NORTHERLY, 81.37
FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 188.00 FEET,
THROUGH A CENTRAL ANGLE OF 24G4752" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH
t°38'55" EAST, 80.73 FEET; COURSE SEVEN_: THENCE NORTH 24°02'48" EAST, A DISTANCE OF 139.54 FEET TO A
POINT OF CURVATURE; COURSE EIGHT: THENCE EASTERLY, 184.18 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 98.00 FEET, THROUGH A CENTRAL ANGLE OF
IOr4F02" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 77053119" EAST, 158.25 FEET TO A POINT
OF REVERSE CURVATURE; COURSE NINE: THENCE EASTERLY, 199.50 FEET ALONG THE ARC OF A CIRCULAR
Z:IMIRASOL (Esplanade)1Espinnade pint12016-65$ FLOW WAY CDD ESPLANADE DESC PAGES ! THROUGH 4 OF 6,docx
1of6
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CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 212.00 FEET, THROUGH A CENTRAL ANGLE OF
53055'06" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 75°13'43" EAST, 192.22 FEET, COURSE
TEN: THENCE NORTH 77°48'44" EAST, A DISTANCE OF 98.12 FEET TO A POINT OF CURVATURE, COURSE
ELEVEN: THENCE EASTERLY, 68.66 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY,
HAVING A RADIUS OF 88.00 FEET, THROUGH A CENTRAL ANGLE OF 44042'20" AND BEING SUBTENDED BY A
CHORD THAT BEARS SOUTH 79450'06" EAST, 66,93 FEET; COURSE TWELVE: THENCE SOUTH 57"2856" EAST, A
DISTANCE OF 38.87 FEET TO A POINT OF CURVATURE; COURSE THIRTEEN: THENCE EASTERLY, 140.15 FEET
ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 112.00 FEET,
THROUGH A CENTRAL ANGLE OF 71°41'5Y' AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH
86040107" EAST, 131.19 FEET TO A POINT OF REVERSE CURVATURE; COURSE FOURTEEN: THENCE
NORTHEASTERLY, 113.60 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY,
HAVING A RADIUS OF 225.00 FEET, THROUGH A CENTRAL ANGLE OF 28055144" AND BEING SUBTENDED BY A
CHORD THAT BEARS NORTH 65017'O I" EAST, 112.40 FEET TO A POINT OF REVERSE CURVATURE; COURSE
FIFTEEN: THENCE NORTHEASTERLY, 101.15 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 212.00 FEET, THROUGH A CENTRAL ANGLE OF 27020' 10" AND BEING
SUBTENDED BY A CHORD THAT BEARS NORTH 66""48" EAST, 100.19 FEET TO A POINT OF REVERSE
CURVATURE; COURSE SIXTEEN: THENCE EASTERLY, 38.76 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS OF 38.00 FEET, THROUGH A CENTRAL ANGLE OF 58026'43" AND
BEING SUBTENDED BY A CHORD THAT BEARS NORTH 81°38105" EAST, 37.10 FEET TO A POINT OF REVERSE
CURVATURE; COURSE SEVENTEEN: THENCE EASTERLY, 119.37 FEET ALONG THE ARC OF A CIRCULAR
ft
CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 212.00 FEET, THROUGH A CENTRAL ANGLE OF
32015'37" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 85"16'22" EAST, 117.80 FEET TO A POINT
OF REVERSE CURVATURE; COURSE EIGHTEEN: THENCE EASTERLY, 75.62 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 188.00 FEET, THROUGH A CENTRAL ANGLE
OF 23002'51" AND BEING SUBTENDED BY A CHORD THAT 13EARS SOUTH 89052'45" EAST, 75.12 FEET TO A POINT
OF REVERSE CURVATURE, COURSE NINETEEN: THENCE EASTERLY, 172.97 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 212.00 FEET, THROUGH A CENTRAL ANGLE
OF 46°4403" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 7801614" EAST, 168.21 FEET TO A
POINT OF REVERSE CURVATURE; COURSE TWENTY: THENCE EASTERLY, 92.94 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 188.00 FEET, THROUGH A CENTRAL ANGLE
OF 28019'29" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 69003132" EAST, 92.00 FEET TO A
POINT OF REVERSE CURVATURE; COURSE TWENTY-ONE: THENCE EASTERLY, 113.65 FEET ALONG THE ARC
OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 212.00 FEET, THROUGH A
CENTRAL ANGLE OF 30"42'52" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 67051'50" EAST,
112.29 FEET; COURSE TWENTY-TWO: THENCE NORTH 52`30'22" EAST, A DISTANCE OF 75.67 FEET TO A POINT
OF CURVATURE; COURSE TWENTY-THREE: THENCE EASTERLY, 185.77 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 188.00 FEET, THROUGH A CENTRAL ANGLE OF
56037'01 AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 80°48'53" EAST, 178.31 FEET; COURSE
TWENTY-FOUR: THENCE SOUTH 70152'38" EAST, A DISTANCE OF 215.48 FEET TO A POINT OF CURVATURE,
COURSE TWENTY-FIVE: THENCE EASTERLY, 84.99 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 312.00 FEET, THROUGH A CENTRAL ANGLE OF 15036130" AND BEING
SUBTENDED BY A CHORD THAT BEARS SOUTH 78040'53" EAST, 84.73 FEET TO A POINT OF REVERSE
CURVATURE; COURSE TWENTY-SIX: THENCE EASTERLY, 72.99 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 138.00 FEET, THROUGH A CENTRAL ANGLE OF
30018'09" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 71 °20'03" EAST, 72.14 FEET TO A POINT OF
REVERSE CURVATURE; COURSE TWENTY-SEVEN: THENCE EASTERLY, 109.44 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 162.00 FEET, THROUGH A CENTRAL ANGLE
OF 38°42'28" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 75*32' 13" EAST, 107.37 FEET TO A
POINT OF REVERSE CURVATURE; COURSE TWENTY-EIGHT: THENCE EASTERLY, 82.55 FEET ALONG THE ARC
OF A CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 138.00 FEET, THROUGH A CENTRAL
ANGLE OF 34016132" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 771145' 1 V EAST, 81.33 FEET TO
A POINT OF REVERSE CURVATURE; COURSE TWENTY-NINE: THENCE EASTERLY, 91.37 FEET ALONG THE ARC
OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 162.00 FEET, THROUGH A CENTRAL
Z;IMIRASOL (Esplunade)tEspinnndc pint12016-658 FLOW WAY CDD ESPLANADE DESC PAGES 1 THROUGH 4 OF b.docx
2 of 5
APF
ANGLE OF 32°18'S3" AND BEING SUBTENDED BY A CHORD THAT SEARS SOUTH 76�46'2l" EAST, 90.16 FEET;
COURSE THIRTY; THENCE NORTH 87004' 12" EAST, A DISTANCE OF 80.88 FEET TO A POINT OF CURVATURE;
COURSE THIRTY-ONE: THENCE SOUTHEASTERLY, 224.07 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 138.00 FEET, THROUGH A CENTRAL ANGLE OF 93CIO11461,
AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 46024'55" EAST, 200.25 FEET TO A POINT OF
REVERSE CURVATURE; COURSE THIRTY-TWO: THENCE SOUTHEASTERLY, 330.36 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 312.00 FEET, THROUGH A CENTRAL
ANGLE OF 60040'03" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 30"' 14'03" EAST, 315.14 FEET TO
A POINT OF COMPOUND CURVATURE; COURSE THIRTY-THREE: THENCE EASTERLY, 57.69 FEET ALONG THE
ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 11100 FEET, THROUGH A
CENTRAL ANGLE OF 29"30'43" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 750'19'26" EAST,
57.05 FEET TO A POINT OF REVERSE CURVATURE; COURSE THIRTY-FOUR: THENCE SOUTHEASTERLY, 383,12
FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 308.00
FEET, THROUGH A CENTRAL ANGLE OF 71 `16' 11" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH
54026'42" EAST, 358.89 FEET TO A POINT OF COMPOUND CURVATURE; COURSE THIRTY FIVE: THENCE
SOUTHERLY, 484.39 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS
OF 908.00 FEET, THROUGH A CENTRAL ANGLE OF 30D33157" AND BEING SUBTENDED BY A CHORD THAT
BEARS SOUTH 03*3138" EAST, 478.67 FEET TO A POINT OF REVERSE CURVATURE; COURSE THIRTY-SIX:
THENCE SOUTHEASTERLY, 134.34 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 112.00 FEET, THROUGH A CENTRAL ANGLE OF 68°43'29" AND BEING
SUBTENDED BY A CHORD THAT BEARS SOUTH 22"36'24" EAST, 126.43 FEET; COURSE THIRTY-SEVEN: THENCE
SOUTH 56*58109" EAST, A DISTANCE OF 74.98 FEET TO A POINT OF CURVATURE; COURSE THIRTY-EIGHT:
THENCE EASTERLY, 333.98 FEET. ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A
RADIUS OF 512.00 FEET, THROUGH A CENTRAL ANGLE OF 371!22'29" AND BEING SUBTENDED BY A CHORD
THAT BEARS SOUTH 75°39'23" EAST, 328.09 FEET TO A POINT OF REVERSE CURVATURE; COURSE THIRTY-
NINE: THENCE EASTERLY, 155.66 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY,
HAVING A RADIUS OF 488.00 FEET, THROUGH A CENTRAL ANGLE OF 180'16'33" AND BEING SUBTENDED BY A
CHORD THAT BEARS SOUTH 85" 12121 " EAST, 155.00 FEET TO A POINT OF REVERSE CURVATURE; COURSE
FORTY: THENCE EASTERLY, 297.82 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY,
HAVING A RADIUS OF 512.00 FEET, THROUGH A CENTRAL ANGLE OF 33°I919" AND BEING SUBTENDED BY A
CHORD THAT BEARS NORTH 87" 16'06" EAST, 293.64 FEET TO A POINT OF REVERSE CURVATURE; COURSE
FORTY-ONE: THENCE EASTERLY, 178.15 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 488.00 FEET, THROUGH A CENTRAL ANGLE OF 20°54'59" AND BEING
SUBTENDED BY A CHORD THAT BEARS NORTH 81 °03'46" EAST, 177.16 FEET TO A POINT OF REVERSE
CURVATURE; COURSE FORTY-TWO: THENCE EASTERLY, 94.41 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 212.00 FEET, THROUGH A CENTRAL ANGLE OF 25d30156" AND
BEING SUBTENDED BY A CHORD THAT BEARS NORTH 78`45'47" EAST, 93.63 FEET TO A POINT OF REVERSE
CURVATURE; COURSE FORTY-THREE: THENCE EASTERLY, 217.08 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 588.00 FEET, THROUGH A CENTRAL ANGLE OF
21309109" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 76"3454" EAST, 215.85 FEET TO A POINT
OF REVERSE CURVATURE; COURSE FORTY-FOUR: THENCE EASTERLY, 54.98 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 103.00 FEET, THROUGH A CENTRAL ANGLE
OF 30035'07" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 71051'55" EAST, 54.33 FEET; COURSE
FORTY-FIVE: THENCE NORTH 56'34'20" EAST, A DISTANCE OF 160.60 FEET TO THE SOUTHEAST CORNER OF
SAID TRACT "P6" AND AN INTERSECTION WITH THE EASTERLY BOUNDARY OF SAID PLAT OF ESPLANADE
GOLF AND COUNTRY CLUB OF NAPLES; THENCE ALONG SAID EASTERLY BOUNDARY OF ESPLANADE GOLF
AND COUNTRY CLUB OF NAPLES THE FOLLOWING SIX COURSES, COURSE ONE: THENCE SOUTH 00*51'44"
EAST, A DISTANCE OF 738.10 FEET; COURSE TWO: SOUTH 00049'56" EAST, A DISTANCE OF 2,676.38 FEET TO
THE SOUTHEAST CORNER OF SAID SECTION 15 AND THE NORTHEAST CORNER OF SECTION 22, COURSE
THREE: SOUTH 00°50'55" EAST, A DISTANCE OF 1,334.40 FEET; COURSE FOUR: THENCE SOUTH 8965633" WEST,
A DISTANCE OF 1,306.71 FEE; COURSE FIVE: THENCE SOUTH 00°38'4W EAST, A DISTANCE OF 11333.68 FEET TO
THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION
22; COURSE SIX; THENCE CONTINUE ALONG SAID FRACTION LINE, SOUTH 00'38' 11 EAST, A DISTANCE OF
2:1MIRASOL (Esplanade)1Esplunade plat12016-658 FLOW WAY.CDD ESPLANADE DESC PAGES 1 THROUGH 4 OF 6.docx
3 of 6
30.52 FEET; THENCE NORTH 89�59'08" EAST, A DISTANCE OF b55.79 FEE'£; THENCE SOUTH OQ°44'QS" EAST, A
DISTANCE OF 1,303.59 FEET; THENCE NORTH 89"59'29" WEST, A DISTANCE OF 658.03 FEET TO AN
INTERSECTION WITH SAID EASTERLY BOUNDARY OF THE PLAT OF ESPLANADE GOLF AND COUNTRY CLUB
OF NAPLES; THENCE CONTINUE ALONG THE BOUNDARY OF SAID PLAT THE FOLLOWING THREE COURSES:
COURSE ONE: NORTH 89a59'29" WEST, A DISTANCE OF 154.50 FEET; COURSE TWO: THENCE SOUTH 00138'11"
EAST, A DISTANCE OF I v333.71 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 22, THENCE ALONG SAID SOUTH LINE, NORTH
89P57' 17" WEST, A DISTANCE OF I t 155,14 FEET TO THE POINT OF BEGINNING,
PARCEL CONTAINS $49.40 ACRES, OR 36,999,864 SQUARE FEET, MORE OR LESS.
� JOSSI
C�3'T RHODES, P.S.M., NO. LS5739
PR ONAL SURVEYOR & MAPPER
STATE OF FLORIDA
i-
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Z:1MlRASOL (Esplanode)1Espinn�de pint12Q16-658 FLOW WAY CDD ESPLANADE DESC PAGES !THROUGH 4 OF 6.docx
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!. 8Fi4RNJGS ARC BASfD C?!V THE
solLn•I tJru�' OF THE sotrTHWEsr
OCLARTER ar' TTLE SDIITNEA_sr
O ARTER, SECTION 22, TOWNSHIP 48
SOWN, RANGE 26 EAST. CSPIANADf
GOLF ANO COUNTRY CLUO OF
MAPLES, 53, PAGES 1 THROUGH 64
(RXLUSR'E), AS BEWO NORTH
8937'17' WEST AND RELATE TO THE
FLORIDA STATE PLANE COORDINATE
SYSTEM FOR TiDRK1A ZONE EAST,
NORTH AVER/GW DATUM OF T984
1990 ADJUSTMENT (NMOBJ/90 %
2. SUBJECT TO EASEMENTS,
RESERVATIONS AND RES17WTIONS OF
RECORD.
J. ALL OIMENSIONS ARE IN FEET
AND DECIMALS THEREOF; UNLESS
OTilMMSE NOTED.
ftlS1'S848 990.J2 N89571 1156:I4'
1flMOKAL£E ROAD (S:R 646)
ABBREVIATIOPlS Bv�
JOHN
P.O.B.= POINr OF BEGINNNVC
ao.4= PROS OF A14L 5VC SKETCH AND DESCR]
P.S.A4= PRDFESSIDNAL SURVEYOR
Ak MAPPER
B.E. LICENSED BUSINESS NUMBER FLOW WAY CDD -- ES
BUFFER EASEMENT
P.B.
= OFFICIAL RECORD BOOK SKETCH
PGS PLAT BOOK
= PACES r- .
`5
LINE
BEARING
DISTANCE
L 1
N89 59045 "E
8.98'
L2
N2402'48"E
139.54'
L3
N77 48'44'E
98.12'
L 4
55728 #56 "E
38. 87'
L 5
N52'30 22 "E
75.67'
L6
S70:92 OJ6 't
215.48'
L 7
N87 04'12 "E
806880
L8
55658 09 "E
74. 98'
L 9 1N56
34120 "E
160.60'
L 10
SOO ' 8'11 "E
30.5 '
L l l
N89 59108"E
655. 79'
L 12
N89 59'29 "W
658.03'
L 13
N89 " 9'29 "W
164.50'
CUR liE'
RAOIUS DEL TA
ARC
CHORD
CHORD BEAR/NG
Cl
359. Go `
29 37131 "
1859620
18356
N54 28120 "E
C2
J816 001
18046159 At
12490
124. 34'
N4 3'05 E
C3
312a00
2738'40"
150.54
149.0
N4437'14"E
C4
19884 00 A
333'22
123. 390
123. 37'
1V32 74'35
C5
412. 00'
35 06'17"
252 43'
248. 50'
N16 48'08 "E
C6
1680 00'
24 47'5is
81. 37'
80. 73'
N1138155 "
C7
980000
107041102 to
184.18 0
156250
N77 53'19 "E
C8
212001
53'55'06 "
1990501
192220
S7573'43"
C9
88.00'
44 42'20 It
68.66'
66.93
579 50'06 "E
CIO
11 .00'
71 41 '55"
140.15'
lilm 19
N8604 '07"E
C11
225000
2655144 "
113 60'
112. 401
N6577'01 "E
C12
212. 00'
27'20'10"
101.15'
100.19'
N 6 04'48"
C13
38.00'
58 26'43"
38,761
37.10'
N8138005 "E
C14
212 00
327537
119. J70
117. 80
S8576 22"
C15
1686001
23 02'51 "
75,627
75.12'
.S8952'45"E
C16
212.00
4644'53"
172097J
168F21
N78016'l4"EE
C17
18600
2679129"
92094
92.00
N69 03'32"E
C18
212.00'
30042152 "
113.65'
112.29
N67 51 'S0 "E
C19
18& 00
5637'01
185. 77'
178.31 "
N8004853'E
C20
312P 00
15:36'30"
84.99'
840 73'
S78 40'53"E
C21
138.00'
3078'09"
72.99'
72.14'
S7120'03"E
C22
162.00'
38 42'28"
109.44'
107.37
S75'32 137E
C23
138.00
34'16'32"
82.55'
81.33'
7745011 "E
C24
162. 00'
3278'53
91.37'
90016
S76 4621 "E
C25
IJ80 00'
93 01 '46"
2240 07'
2004 25'
S46 24'55"
C26
J12F00
604 '03"
330.36'
315.14
53074' 3"E
C27
112.00
29 *JO '43"
57.69'
57.05'
S757926"
C28
308.00'
71701 "
383.12'
358.89
S 4 6'42 E
C29
90a 00 0
30 33 57"
484. 39'
478. 67'
S03 31 38 "E
C30
172,007
68 43'29"
134. J4'
126. 43'
S22' 6' 4 "E
C31
512 00"
7' 2 29
333.98
328.0
575 :39 23"E
C32
488.00 `
18'16033"
155.66'
155000
58572 21 '
C33
512 00
3379'39 "
297 62'
293. 64'
N8776'06
C34
488, 00
20 54 059"
1786150
177.16'
N61 vi 46
C35
12.00
25 30'56"
944111
93.63'
N7845 47
C36
5680000
2109'09 "
217. 08' 1
215651
N76 34'54 "E
C37
10J 00 0
30 J5 007"
54. 98' 1
54. 33' I
N7151 055
SKETCH AND DESCRTPTIUN
FI,QW RAY CDD ESPLANADE
TABLES
does:
RNODES do RNDDfS SEpiBLHI
LAND SURVEYING, INC. I=lw
6897
2Bt00 BDNITA GRANDE DRIVE SU17E 107
BON/TA SPRfNGS FL J4135
2391 405-8166 (2J9) 405-8163 FAX
Z02l-D9
reel �:
FLORIDA DEPARTMENT Of STATE
RICK SCOTT
Governor
November 17, 2016
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara, BMR Senior Clerk
Dear Mr. Brock:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2016-35, which was fled in this office on November 17,
2016.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building 500 South Bronough Street •Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us
:K TA R D), It
I R ISO Wl triOn Auzu�
,F , r C, el,
RESOLUTION 11 0.2020-7
A RESOLUTION OF THE BOARD OF SUPERVISORS OF FLOW
WAY COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING
THE FILING OF 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 PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Flow Way Community Development District (the "District") was established
pursuant to Chapter 190, Florida Statutes by Ordinance No. 2002-09 adopted by the Board of County
Commissioners of Collier County, Florida ("BCC") on February 26, 2002, which ordinance became
effective on March 4, 2002, as amended by Ordinance No. 2016-35 adopted by the BCC on November 15,
2016, which ordinance became effective on November 17, 2016; and
WHEREAS, the District is in legal existence and in good standing; and
WHEREAS, Taylor Morrison Esplanade Naples, LLC, a Florida limited liability company (the
"Developer") and its affiliates are presently developing real property within and adjacent to the District;
and
WHEREAS, the Developer has approached the Board of Supervisors of the District (the "Board"}
and requested the District petition Collier County to amend the District's boundaries to include the lands
described in Exhibit "A" attached hereto and made a part hereof; and
WHEREAS, the modification of the external boundaries and jurisdiction of the District through
expansion will 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 also enable the District to facilitate its
management and financing services as limited and restricted by state law and its establishment ordinance;
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, in order to seek a boundary amendment pursuant to Chapter 190, Florida Statutes, the
District desires to authorize the District staff including, without limitation, legal, engineering, and
managerial staff, to provide such services as are necessary through the pendency of the boundary
amendment process; and
WHEREAS, the District desires to authorize the District Manager and district Counsel to petition
Collier County to amend its boundaries in accordance with the procedures and processes described in
Chapter 190, Florida Statutes, which include the preparation of a petition to Collier County, the holding of
a local public hearing in accordance with Section 190.046(1), Florida Statutes, and such other actions as
are necessary in furtherance of the boundary amendment process.
Flow Way Community Development District August 20, 2020
Rcsolution 2020=7
NQW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FLOW
WAY COMMUNITY DEVELOPMENT DISTRICT:
SECTION 1. INCORPORATION OF RECITALS. All of the above representations, findings
and determinations contained wn the foregoing recitals %J this Resolution are recognized as true and
accurate and are expressly incorporated into this Resolution.
SECTION 2. PETIT[ON. The District Manager and District Counsel are authorized and directed
to petition Collier County for a modification of the external boundaries and jurisdiction of Flow Way
Community Development District 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. The District staff are
authorized to take all steps necessary to effectuate the intent of this Resolution, including, without
(imitation, preparation of the petition to Collier County and its attachments, paying appropriate filing fees,
coordinate the noticing and the conduct of the public hearing required pursuant to Section 190.046(1),
Florida Statutes. The District staff shall obtain a separate agreement from the Developer to pay the costs
and expenses related to the expansion process.
SECTION 3. SEVERABILITY, The invalidity or unenforceability of any one or more provisions
of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution,
or any part thereof.
SECTION 4. EFFECTIVE DATE, This Resolution shall take effect immediately upon the
passage and adoption of this Resolution by the Board.
PASSED AND ADOPTED at a meeting of the Board of Supervisors of Flow Way Community
Development District this 20day of August, 2020,
ATTEST:
James P1Ward, Secretary
2
FLOW WAY COMMUNITY
DEVELOPMENT DISTRICT
Andrew Miller, Chairman
Flow Way Community Development District
Resolution 2020=7
EXHIBIT "A"
LEGAL DESCRIPTION OF REAL PROPERTY
August 20, 2020
THEN 1/2 OF THEN 1/2 OF THEW 1/2 OF THE SE 1/4 OF THE NE 1/4 OF SECTION 22, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
THE SOUTH 1/2 OF THE NORTH 1/2 OF THE WEST I/2 OF THE SOUTHEAST I/4 OF THE NORTHEAST 1/4
OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
3
Exhibit to Fs
Sketch and Legal Description
of Expansion Land
TRACT "O1 "
(OPEN SPACE, D.E., A.E.)
�- N. W. CORNER
N. W. 1/4
S.E. 1/4 N.E. 1/4
SEC770N 22
N 8936 33" E (B.O.
653.35'
TRACT "iY1"
(MAINTENANCE FACILITY, A.E.)
ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES
P.B. 53 PGS 1-64
N. 1AIC N. W
11
S E. 1/4 N.E. 1/4
SEC770N 72
POINT OF BEGINNING
N.E. CORNER
N. W. 1/4
S.E. 1/4 N.E. 1/4
SEC77ON 22
zt
Ell
n
PART OF SECTION 22-48-26
N.W. 1/4 OF S.E. 1/4 OF N.E. 1/4
CONTAINING 10.012 ACRES, MORE OR LESS
—SW. CORNER S 89572$" W 654.55" s: L/Nt 7v.w. 7/4 S.E. CORNER—
N
SE. 1/4 N.E. 1/4 UNPLATTED SECTION 22 SE. 1/4 N.E. 1/4
SEC770N 22 SEC77ON 22
ABBREVIATIONS
PROFESSIONALS
P.O.B. =POINT OF BEGINNING
B.O.B. =BASIS OF BEARING
SURVEYOR &MAPPER
L.B.# =LICENSED BUSINESS NUMBER
B.E. = BUFFER EASEMENT
OR = OFFICIAL RECORD BOOK
P.B. = PLAT BOOK
PGS = PAGES
NOTES
1, BEARINGS ARE BASED ON THE NORTH LINE OF THE N.W. 1/4 OF THE S.E. 1/4 OF
THE N.E.SECTION 22, TOWNSHIP 4B SOUTH, RANGE 26 EAST, AS BEARING N
8956;33" SAND RELATE TO THE FLORIDA STALE PLANE COORDINATE SYSTEM FOR
FLORIDA ZONE EAST, NORTH AMERICAN DATUM OF 1983 1990 ADJUSTMENT
(NAD83/90).
Z. SUBJECT TO EASEMENTS RESERVATIONS AND RESTRlCT70NS OF RECORD.
3. ALL DIMENSIONS ARE IN FEET AND DEC/MACS THEREOF, UNLESS OTHERWISE NOTED.
S 8936 33" W BOUNDARY 506C34" J
TRACT "M" Y
UNPLATTED POINT OF COMMECEMENT
S.E CORNER
TRACT %1"
ESPLANADE GOLF AND
COUNTRY CLUB OF NAPLES,
PLAT BOOK 53, PAGES 1-64
LEGAL DESCRIPTION
TRACT "02 "
(OPEN SPACE, DE, A.E.)
0 60 120
1 = 120'
BEING THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4
OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, SAID COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT MOST SOUTHEASTERLY CORNER OF TRACT "M", ESPLANADE
GOLF AND COUNTRY CLUB OF NAPLES, AS RECORDED IN PLAT BOOK 53,
PAGES 1 THROUGH 64 (INCLUSIVE), OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA; THENCE SOUTH 89'56'33" WEST, ALONG THE BOUNDARY OF
SAID TRACT "M", A DISTANCE OF 508.34 FEET TO THE NORTHEAST CORNER
OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, SAID COLLIER COUNTY,
FLORIDA AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBEDTHENCE SOUTH 00'44'47" EAST, ALONG THE EAST LINE OF SAID ;
FRACTION, A DISTANCE OF 667.02 FEET TO THE SOUTHEAST CORNER OF SAID
FRACTION; THENCE SOUTH 89'57'25" WEST, ALONG THE SOUTH LINE OF SAID
FRACTION, A DISTANCE OF 654.55 FEET TO THE SOUTHWEST CORNER OF SAID
FRACTION; THENCE NORTH 00'38'40" WEST, ALONG THE WEST LINE OF SAID
FRACTION, A DISTANCE OF 666.84 FEET TO THE NORTHWEST CORNER OF SAID
FRACTION; THENCE NORTH 89.56'33" EAST, ALONG THE NORTH LINE OF SAID
FRACTION, A DISTANCE OF 653.35 FEET TO THE POINT OF BEGINNING.
CONTAINING 436,110 SQUARE FEET OR 10.012 ACRES, MORE OR LESS.
11111
SOOTT. RN , oe
1FI•• ���• '• (C' ;0
ci .T� N
■ No. 5739 ■ -_
o STATE OF 4
% ss • 'c�OR1DP • ���:
Zo ••' •.....••'• ••4t
/ nab Surveyo<
T111111 00
*NOT A SURVEY*
BY:
JOHN SCOTT RHODES PSM #5739
NOTES
1, BEARINGS ARE BASED ON THE NORTH LINE OF THE N.W. 1/4 OF THE S.E. 1/4 OF
THE N.E.SECTION 22, TOWNSHIP 4B SOUTH, RANGE 26 EAST, AS BEARING N
8956;33" SAND RELATE TO THE FLORIDA STALE PLANE COORDINATE SYSTEM FOR
FLORIDA ZONE EAST, NORTH AMERICAN DATUM OF 1983 1990 ADJUSTMENT
(NAD83/90).
Z. SUBJECT TO EASEMENTS RESERVATIONS AND RESTRlCT70NS OF RECORD.
3. ALL DIMENSIONS ARE IN FEET AND DEC/MACS THEREOF, UNLESS OTHERWISE NOTED.
S 8936 33" W BOUNDARY 506C34" J
TRACT "M" Y
UNPLATTED POINT OF COMMECEMENT
S.E CORNER
TRACT %1"
ESPLANADE GOLF AND
COUNTRY CLUB OF NAPLES,
PLAT BOOK 53, PAGES 1-64
LEGAL DESCRIPTION
TRACT "02 "
(OPEN SPACE, DE, A.E.)
0 60 120
1 = 120'
BEING THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4
OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, SAID COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT MOST SOUTHEASTERLY CORNER OF TRACT "M", ESPLANADE
GOLF AND COUNTRY CLUB OF NAPLES, AS RECORDED IN PLAT BOOK 53,
PAGES 1 THROUGH 64 (INCLUSIVE), OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA; THENCE SOUTH 89'56'33" WEST, ALONG THE BOUNDARY OF
SAID TRACT "M", A DISTANCE OF 508.34 FEET TO THE NORTHEAST CORNER
OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, SAID COLLIER COUNTY,
FLORIDA AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBEDTHENCE SOUTH 00'44'47" EAST, ALONG THE EAST LINE OF SAID ;
FRACTION, A DISTANCE OF 667.02 FEET TO THE SOUTHEAST CORNER OF SAID
FRACTION; THENCE SOUTH 89'57'25" WEST, ALONG THE SOUTH LINE OF SAID
FRACTION, A DISTANCE OF 654.55 FEET TO THE SOUTHWEST CORNER OF SAID
FRACTION; THENCE NORTH 00'38'40" WEST, ALONG THE WEST LINE OF SAID
FRACTION, A DISTANCE OF 666.84 FEET TO THE NORTHWEST CORNER OF SAID
FRACTION; THENCE NORTH 89.56'33" EAST, ALONG THE NORTH LINE OF SAID
FRACTION, A DISTANCE OF 653.35 FEET TO THE POINT OF BEGINNING.
CONTAINING 436,110 SQUARE FEET OR 10.012 ACRES, MORE OR LESS.
11111
SOOTT. RN , oe
1FI•• ���• '• (C' ;0
ci .T� N
■ No. 5739 ■ -_
o STATE OF 4
% ss • 'c�OR1DP • ���:
Zo ••' •.....••'• ••4t
/ nab Surveyo<
T111111 00
*NOT A SURVEY*
BY:
JOHN SCOTT RHODES PSM #5739
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LEGAL DESCRIT'TION
A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN
SECTIONS 10, 11, 15 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, SAID PARCEL ALSO BEING A PORTION OF
ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES, AS RECORDED IN PLAT BOOK 53 PAGES 1 THROUGH 64
(INCLUSIVE) AND BEING FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE SOUTHERLY
BOUNDARY OF SAID ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES AS RECORDED IN PLAT BOOK 53
PAGES I THROUGH 64 (INCLUSIVE); THENCE ALONG THE SOUTHERLY BOUNDARY OF THE PLAT OF SAID
ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES, NORTH 89-458'48" WEST, A DISTANCE OF 990.32 FEET,
THENCE NORTH OW 17'41 WEST, A DISTANCE OF 1332.48 FEET; THENCE NORTH 89'59'45 EAST, A DISTANCE
OF 328.98 FEET; THENCE NORTH 00='20'27" WEST, A DISTANCE OF 1332,63 FEET TO AN INTERSECTION WITH
THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
THENCE ALONG SAID SOUTH FRACTION LINE, SOUTH 894�58' 17" WEST, A DISTANCE OF 655.76 FEET; THENCE
9ORTH00" 14' 37" WEST, A DISTANCE OF 1332.01 FEET; THENCE ALONG SAID FRACTION LINE, SOUTH
89 57 09 WEST, A DISTANCE 653.40 FEET, THENCE NORTH 00"09'00" WEST, A DISTANCE OF 1332.05 FEET TO
AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 22, THENCE ALONG THE NORTH LINE OF SAID
SECTION 22, SOUTH 89"5439" WEST, A DISTANCE OF 651.08 FEET TO THE NORTHWEST CORNER OF SAID
SECTION 22, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SECTION 15, TOWNSHIP 48 SOUTH,
RANGE 26 EAST AND ALSO BEING THE WESTERLY BOUNDARY OF SAID PLAT OF ESPLANADE GOLF AND
COUNTRY CLUB OF NAPLES; THENCE ALONG THE WEST LINE OF SAID SECTION 15 AND THE WESTERLY
BOUNDARY OF SAID ESPLANADE PLAT THE FOLLOWING TWO COURSES, COURSE ONE: NORTH 00'07'09"
WEST, A DISTANCE OF 2,663.01 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID
SECTION 15; COURSE TWO: THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 15, NORTH 00007' 13" WEST, A DISTANCE OF 988.29 FEET TO A POINT ON A NON -TANGENTIAL CURVE,
SAID POINT ALSO BEING THE SOUTHWEST CORNER OF TRACT 44P6" OF SAID PLAT OF ESPLANADE GOLF AND
COUNTRY CLUB OF NAPLES; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT "P6" THE
FOLLOWING 45 COURSES; COURSE ONE: NORTHEASTERLY, 185.62 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 359.00 FEET, THROUGH A CENTRAL ANGLE OF
29037'31 " AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 54'28'20" EAST, 183.56 FEET TO A POINT
OF REVERSE CURVATURE; COURSE TWO: THENCE NORTHEASTERLY, 124.90 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 381.00 FEET, THROUGH A CENTRAL
ANGLE OF 18"4659" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 49003'05" EAST, 124.34 FEET TO
A POINT OF REVERSE CURVATURE; COURSE THREE: THENCE NORTHEASTERLY, 150.54 FEET ALONG THE ARC
OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 312.00 FEET, THROUGH A
CENTRAL. ANGLE OF 27113840" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 44c437' 14" EAST,
149.08 FEET TO A POINT OF REVERSE CURVATURE; COURSE FOUR: THENCE NORTHEASTERLY, 123.39 FEET
ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1,988,00 FEET,
THROUGH A CENTRAL ANGLE OF 03`'33'22" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH
32" 34'35" EAST, 123.37 FEET TO A POINT OF REVERSE CURVATURE; COURSE FIVE: THENCE NORTHERLY, 252.43
FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 412.00 FEET,
THROUGH A CENTRAL ANGLE OF 35006' 17" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH
16"48'08" EAST, 248,50 FEET TO A POINT OF REVERSE CURVATURE; COURSE SIX: THENCE NORTHERLY, 81.37
FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 188.00 FEET,
THROUGH A CENTRAL ANGLE OF 24047'52" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH
l 1 138'55" EAST, 80.73 FEET; COURSE SEVEN: THENCE NORTH 24'02'48" EAST, A DISTANCE OF 139.54 FEET TO A
POINT OF CURVATURE; COURSE EIGHT: THENCE EASTERLY, 184.18 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 98.00 FEET, THROUGH A CENTRAL ANGLE OF
I07°4I'02" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 77453' 19" EAST, 158.25 FEET TO A POINT
OF REVERSE CURVATURE; COURSE NINE: THENCE EASTERLY, 199.50 FEET ALONG THE ARC OF A CIRCULAR
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CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 212.00 FEET, THROUGH A CENTRAL ANGLE OF
53055'06" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 75013'43" EAST, 192.22 FEET, COURSE
TEN: THENCE NORTH 77°4844" EAST, A DISTANCE OF 98.12 FEET TO A POINT OF CURVATURE; COURSE
ELEVEN: THENCE EASTERLY, 68.66 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY,
HAVING A RADIUS OF 88.00 FEET, THROUGH A CENTRAL ANGLE OF 44'42'20" AND BEING SUBTENDED BY A
CHORD THAT BEARS SOUTH 79';50'06" EAST, 66.93 FEET; COURSE TWELVE: THENCE SOUTH 57'28'56" EAST, A
DISTANCE OF 38.87 FEET TO A POINT OF CURVATURE; COURSE THIRTEEN: THENCE EASTERLY, 140.15 FEET
ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 112.00 FEET,
THROUGH A CENTRAL ANGLE OF 71 °41'55" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH
16640'07" EAST, 131.19 FEET TO A POINT OF REVERSE CURVATURE; COURSE FOURTEEN: THENCE
NORTHEASTERLY, 1 13.60 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY,
HAVING A RADIUS OF 225.00 FEET, THROUGH A CENTRAL ANGLE OF 28°55'44" AND BEING SUBTENDED BY A
CHORD THAT BEARS NORTH 65" I TO 1 " EAST, 112.40 FEET TO A POINT OF REVERSE CURVATURE; COURSE
FIFTEEN: THENCE NORTHEASTERLY, 10 1. 15 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 212.00 FEET, THROUGH A CENTRAL ANGLE OF 27020' 10" AND BEING
SUBTENDED BY A CHORD THAT BEARS NORTH 66""48" EAST, 100.19 FEET TO A POINT OF REVERSE
CURVATURE; COURSE SIXTEEN: THENCE EASTERLY, 38.76 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS OF 38.00 FEET, THROUGH A CENTRAL ANGLE OF 58026'43" AND
BEING SUBTENDED BY A CHORD THAT BEARS NORTH 81 "38'05" EAST, 37.10 FEET TO A POINT OF REVERSE
CURVATURE; COURSE SEVENTEEN: THENCE EASTERLY, 119.37 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 212.00 FEET, THROUGH A CENTRAL ANGLE OF
32" 15'37" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 85016'22" EAST, 117.80 FEET TO A POINT
OF REVERSE CURVATURE; COURSE EIGHTEEN: THENCE EASTERLY, 75.62 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 188.00 FEET, THROUGH A CENTRAL ANGLE
OF 23"02'5 V AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 89052145" EAST, 75.12 FEET TO A POINT
OF REVERSE CURVATURE; COURSE NINETEEN: THENCE EASTERLY, 172.97 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 212.00 FEET, THROUGH A CENTRAL ANGLE
OF 46"44'53" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 7801614" EAST, 168.21 FEET TO A
POINT OF REVERSE CURVATURE; COURSE TWENTY: THENCE EASTERLY, 92.94 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 188.00 FEET, THROUGH A CENTRAL ANGLE
OF 28° 19'29" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 69003132" EAST, 92.00 FEET TO A
POINT OF REVERSE CURVATURE; COURSE TWENTY-ONE: THENCE EASTERLY, 113.65 FEET ALONG THE ARC
OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 212.00 FEET, THROUGH A
CENTRAL ANGLE OF 3W42'52" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 67°51'50" EAST,
112.29 FEET; COURSE TWENTY-TWO: THENCE NORTH 52'30'22" EAST, A DISTANCE OF 75.67 FEET TO A POINT
OF CURVATURE; COURSE TWENTY-THREE: THENCE EASTERLY, 185.77 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 188.00 FEET, THROUGH A CENTRAL ANGLE OF
56°3701" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 80L148'53" EAST, 178.31 FEET; COURSE
TWENTY-FOUR: THENCE SOUTH 70'52'38" EAST, A DISTANCE OF 215.48 FEET TO A POINT OF CURVATURE;
COURSE TWENTY-FIVE: THENCE EASTERLY, 8499 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 312.00 FEET, THROUGH A CENTRAL ANGLE OF 15036130" AND BEING
SUBTENDED BY A CHORD THAT BEARS SOUTH 78"40'53" EAST, 84.73 FEET TO A POINT OF REVERSE
CURVATURE; COURSE TWENTY-SIX: THENCE EASTERLY, 72.99 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 138.00 FEET, THROUGH A CENTRAL ANGLE OF
30' l 8'09" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 71 '20'03" EAST, 72.14 FEET TO A POINT OF
REVERSE CURVATURE; COURSE TWENTY-SEVEN: THENCE EASTERLY, 109.44 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 162.00 FEET, THROUGH A CENTRAL ANGLE
OF 38;42'28" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 75;12' 13" EAST, 107.37 FEET TO A
POINT OF REVERSE CURVATURE; COURSE TWENTY-EIGHT: THENCE EASTERLY, 82.55 FEET ALONG THE ARC
OF A CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 138.00 FEET, THROUGH A CENTRAL
ANGLE OF 34016'32" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 77045' 11" EAST, 81.33 FEET TO
A POINT OF REVERSE CURVATURE, COURSE TWENTY-NINE: THENCE EASTERLY, 91.37 FEET ALONG THE ARC
OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 162.00 FEET, THROUGH A CENTRAL
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ANGLE OF 32" 18'S3" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 76s'46'21" EAST, 90.16 FEET;
COURSE THIRTY: THENCE NORTH 87"04' 12 EAST, A DISTANCE OF 80.88 FEET TO A POINT OF CURVATURE;
COURSE THIRTY-ONE: THENCE SOUTHEASTERLY, 224.07 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 138.00 FEET, THROUGH A CENTRAL ANGLE OF 93001'46"
AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 46'"2455" EAST, 200.25 FEET TO A POINT OF
REVERSE CURVATURE; COURSE THIRTY-TWO: THENCE SOUTHEASTERLY, 330.36 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 312.00 FEET, THROUGH A CENTRAL
ANGLE OF 60"40'03" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 30" 14'03" EAST, 315.14 FEET TO
A POINT OF COMPOUND CURVATURE; COURSE THIRTY-THREE: THENCE EASTERLY, 57.69 FEET ALONG THE
ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 112.00 FEET, THROUGH A
CENTRAL ANGLE OF 29°30'43" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 75rj 19'26" EAST,
57.05 FEET TO A POINT OF REVERSE CURVATURE; COURSE THIRTY-FOUR: THENCE SOUTHEASTERLY, 383.12
FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 308.00
FEET, THROUGH A CENTRAL ANGLE OF 71 n 16' 11" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH
54026'42" EAST, 358.89 FEET TO A POINT OF COMPOUND CURVATURE, COURSE THIRTY-FIVE: THENCE
SOUTHERLY, 484.39 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS
OF 908.00 FEET, THROUGH A CENTRAL ANGLE OF 30D33'57" AND BEING SUBTENDED BY A CHORD THAT
BEARS SOUTH 03:'31'38" EAST, 478.67 FEET TO A POINT OF REVERSE CURVATURE; COURSE THIRTY-SIX:
THENCE SOUTHEASTERLY, 134.34 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 112.00 FEET, THROUGH A CENTRAL ANGLE OF 68"4329" AND BEING
SUBTENDED BY A CHORD THAT BEARS SOUTH 22"36'24" EAST, 126.43 FEET; COURSE THIRTY-SEVEN: THENCE
SOUTH 56=58'09" EAST, A DISTANCE OF 74.98 FEET TO A POINT OF CURVATURE; COURSE THIRTY-EIGHT;
THENCE EASTERLY, 333.98 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A
RADIUS OF 512.00 FEET, THROUGH A CENTRAL ANGLE OF 37''22'29" AND BEING SUBTENDED BY A CHORD
THAT BEARS SOUTH 75039'23" EAST, 328.09 FEET TO A POINT OF REVERSE CURVATURE; COURSE THIRTY-
NINE: THENCE EASTERLY, 155.66 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY,
HAVING A RADIUS OF 488.00 FEET, THROUGH A CENTRAL ANGLE OF 18`1633" AND BEING SUBTENDED BY A
CHORD THAT BEARS SOUTH 85" 12'21 " EAST, 155.00 FEET TO A POINT OF REVERSE CURVATURE, COURSE
FORTY: THENCE EASTERLY, 297.82 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY,
HAVING A RADIUS OF 512.00 FEET, THROUGH A CENTRAL ANGLE OF 33=19139" AND BEING SUBTENDED BY A
CHORD THAT BEARS NORTH 87:16'06" EAST, 293.64 FEET TO A POINT OF REVERSE CURVATURE; COURSE
FORTY-ONE: THENCE EASTERLY, 178.15 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 488.00 FEET, THROUGH A CENTRAL ANGLE OF 20"54159" AND BEING
SUBTENDED BY A CHORD THAT BEARS NORTH 8I°03'46" EAST, 177.16 FEET TO A POINT OF REVERSE
CURVATURE; COURSE FORTY-TWO: THENCE EASTERLY, 94.41 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 212.00 FEET, THROUGH A CENTRAL ANGLE OF 25"30'56" AND
BEING SUBTENDED BY A CHORD THAT BEARS NORTH 78:14547" EAST, 93.63 FEET TO A POINT OF REVERSE
CURVATURE; COURSE FORTY-THREE: THENCE EASTERLY, 217.08 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 588.00 FEET, THROUGH A CENTRAL ANGLE OF
21 °09'09" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 764'34'54" EAST, 215.85 FEET TO A POINT
OF REVERSE CURVATURE; COURSE FORTY-FOUR: THENCE EASTERLY, 54.98 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 103.00 FEET, THROUGH A CENTRAL ANGLE
OF 30"35'07" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 71'2451'55" EAST, 54.33 FEET; COURSE
FORTY-FIVE: THENCE NORTH 56'034'20" EAST, A DISTANCE OF 160.60 FEET TO THE SOUTHEAST CORNER OF
SAID TRACT "P6" AND AN INTERSECTION WITH THE EASTERLY BOUNDARY OF SAID PLAT OF ESPLANADE
GOLF AND COUNTRY CLUB OF NAPLES, THENCE ALONG SAID EASTERLY BOUNDARY OF ESPLANADE GOLF
AND COUNTRY CLUB OF NAPLES THE FOLLOWING SIX COURSES; COURSE ONE: THENCE SOUTH 00'51'44"
EAST, A DISTANCE OF 738.10 FEET; COURSE TWO: SOUTH 00°4956" EAST, A DISTANCE OF 2,676.38 FEET TO
THE SOUTHEAST CORNER OF SAID SECTION 15 AND THE NORTHEAST CORNER OF SECTION 22; COURSE
THREE: SOUTH 00°50'55" EAST, A DISTANCE OF 1,334.40 FEET; COURSE FOUR: THENCE SOUTH 89"56'33" WEST,
A DISTANCE OF 1,306.71 FEE; COURSE FIVE: THENCE SOUTH 00°38'40" EAST, A DISTANCE OF 1,333.68 FEET TO
THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION
22; COURSE SIX: THENCE CONTINUE ALONG SAID FRACTION LINE, SOUTH 00'38'11" EAST, A DISTANCE OF
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30.52 FEET; THENCE NORTH 89 'S9'O8" EAST, A DISTANCE OF 655.79 FEET; THENCE SOUTH 004�'05" EAST, A
DISTANCE OF 19303659 FEET; THENCE NORTH 89°59129" WEST, A DISTANCE OF 658.03 FEET TO AN
INTERSECTION WITH SAID EASTERLY BOUNDARY OF THE PLAT OF ESPLANADE GOLF AND COUNTRY CLUB
OF NAPLES; THENCE CONTINUE ALONG THE BOUNDARY OF SAID PLAT THE FOLLOWING THREE COURSES:
COURSE ONE: NORTH 89'59'29" WEST, A DISTANCE OF 164,50 FEET; COURSE TWO: THENCE SOUTH 00- 38'
EAST, A DISTANCE OF 1,333,71 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 22, THENCE ALONG SAID SOUTH LINE, NORTH
89" 57' 17" WEST, A DISTANCE OF It 156.14 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS $49.40 ACRES, OR 36,999,864 SQUARE FEET, MORE OR LESS.
JOHN NODES, P.S.M., NO. LSS739
PR VSSIONAL SURVEYOR & MAPPER
STATE OF FLORIDA
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NOTES
1. BE4RINGS ARE 845ED ON THE
SOUTH LINE OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST
QUARTER, SECTION 22, TOWNSHIP 48
SOUTH, RANGE 26 EAST ESPLANADE
GOLF AND COUNTRY CLUB OF
NAPLES 53, PAGES 1 THROUGH 64
(INCLUSIVE), AS BEING NORTH
H9'57'17" WEST AND RELATE TO THE
FLORIDA STATE PLANE COORDINATE
SYSTEM FOR FLORIDA ZONE EAST,
NORTH AMERICAN DATUM OF 1983,
I990 ADJUSTMENT (N4083/90).
2. SUBJECT TO EASEMENTS
RESERVATIONS AND RESTRICTIONS OF
RECORD.
30" RIGHt-OF-WAY
EASEMENT
OR 112, PG J76
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I sic 22
I'
How TRACT 77-4 "
{ HERITAGE 84Y COMMONS
: r PB 43, PGS 46-54
i COLLIER BOULEVARD
(BROKEN BACK ROAD)
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1MMOKALEE ROAD (5.R. B46)
ABBREVIATIONS
P.O.B.-
POINT OF BEGINNING
B.O.B.=
8A5/5 OF BEARING
P.S.M.=
PROFESSIONAL SURVEYOR
L.B.
& MAPPER
B.E. =
LICENSED BUSINESS NUMBER
OR =
BUFFER EASEMENT
=
OMC14L RECORD BOOK
PGS =
PLAT BOOK
=
PAGES
B Y7
JOHN ITT RHpDES PSM �15739
SKETCH AND DESCRIPTION '"'"'�
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checked:
dote:
RHOOES & RHODES SEPTEMBER 2 2016 MLR
LAND SURVEYING, INC. scale: view:
LICENSE ,ALB 6897 1" = 1000' S
_..a.,
28100 BONITA GRANDE DRIVE SUITE 107 2012-93
BON/TA SPRINGS, FL 34135 sheet
'239J 405-B166 (239) 405-8163 FAX 5 of 6
J. ALL DIMENSIONS ARE IN FEET
AND DECIMALS THEREOF, UNLESS
OTHERWISE NOTED,
LINE
BEARING
DISTANCE
L 1
N89
59045
"E
328.98'
L2
N2402'48"E
139.54'
L3
N77
48'44
"E
98.12'
L 4
557
28'S6
"E
38.87'
L 5
N52
UO
22'E
75.67'
L6
5705238"E
215048'
L 7
N87 04'12
"E
80.88'
L 8
S56
58
'09
"E
74.98'
L 9
N56
U4'20
"E
160.60'
L 10
S00
Usti
1
"E
30.52'
L 11
N89
59'08
"E
655.79 '
L 12
N89
59'29
"W
658.03'
L 13
N89
59
29
"Wr
164.50'
CUR �E
RADIUS
DEL TA
ARC
CHORD
CHORD BEARING
C 1
359. 00
29 U7'31 "
1850 62 0
183, 56 '
N54 28'20 "E
C2
3810 00'
18046159 It
124. 90'
124. 34 I
N49 03105 "E
C3
J12o 00'
27U840"
150. 54
149. OB'
N44 U7114'
C4
1988400
3U3'22
123.39
123.37'
N32°34'35'E
C5
412 00'
35 06117"
252. 43'
2434 50'
N16 48'08'E
C6
188000,
24 47'52 "
81. 37'
80. 73'
N11 U8'55 "E
C7
98.00'
107 41 '02"
184. 18'
158.25'
N7753'19'E
C8
212*00'
5355'06"
199.50'
192,22'
575913'43E"
C9
88.00'
4442'20"
68.66'
66.93'
S7950'06'E
C10
112.00'
71 41 'S5"
1400151
131. 19'
N86 40'07'E
Ci l
225.00'
28055044 It
113.60'
112.40'
N65017'01 "E
C12
212. 00'
27 20'10"
101. 15
1 00. 19'
N66 04'48"E
C13
38. 00'
5826'43"
US. 76'
37. 10'
N81 U8'05'E
C14
212. 00'
32 *15'37
119. 37'
117801
S85 016122 "E
C15
188000,
23 02'S1 It
75. 62'
7512'
S89 5245 "E
C16
212v OO'
46 44'53"
1724 97'
166211
N78016114 "E
C17
188000,
28019129
92.94'
92.00'
N6903'32"E
C18
212.00'
JO42152"
113.650
112429'
N6751'50"E
C19
1886001
56 U7'O1 At
185770
178. 31'
N8048'S3'E
C20
J12o000
1536'30"
84.99'
84.73'
S78°40'53'E
C21
138.00'
JO018log "
72.99'
72.14'
57120'03"E
C22
162,001
38 4228"
109. 44'
107 J7'
S75U21131E
C23
138600'
34416'32"
82455'
81.33"
57745'11 "E
C24
152.00'
32`l8'53"
91.37'
90.16'
S764621 1E
C25
138.00'
93 01 146"
224.07'
200.25'
S46 24'S5 "E
C26
312.00'
6040 03
330.36'
315.14'
S30`l4 03 E"
C27
112. 00'
29 UO'43"
57. 69 "
57. 05'
575 "i 9'26 "E
C28
308. 00'
7176'11 "
383.12'
J534 89
S54 26142 "E
C29
9086 00'
30 U3 57"
464. 39 '
478. 67'
SO3 U1 '38 "E
C30
112. 00 '
68 43 29 if
134. 34 '
126. 43'
522 U6 24 "E
C31
512.00'
37 22 29 It333.98'
328.09'
S75 U923 "E
C32
4888001
18 `l6'33"
155A 66
155. 00 "
S35 012 21 "E
C33
512400'
33019'39
297.82'
293.64'
N877606"E
C34
488.00'
2045459 "
178. 15'
1779161
N81 03146 "E
C35
212. 00'
25 UO'S6"
94041 '
93. 63'
N78 45'47'E
C36
588. 00'
21009109 "
217081
2154 85'
N76
C37
103.00'
30 U5007"
54.98' 1
54.33'
N71 51 55 "E
Exhibit
Modified Metes and Bounds Legal
Description
OVA
8//:/ 0l?ANDEDRffE,,SMW107
LEGAL DESCRIPTION
A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN
SECTIONS 10, 111 15 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, SAID PARCEL ALSO BEING A PORTION OF
ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES, AS RECORDED IN PLAT BOOK 53, PAGES 1 THROUGH 64
(INCLUSIVE) AND A PORTION OF ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES DILILLO PARCEL, AS
RECORDED IN PLAT BOOK 61, PAGES 73 THROUGH 76 (INCLUSIVE) AND BEING FURTHER DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE SOUTHERLY
BOUNDARY OF SAID ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES AS RECORDED IN PLAT BOOK 535
PAGES 1 THROUGH 64 (INCLUSIVE); THENCE ALONG THE SOUTHERLY BOUNDARY OF THE PLAT OF SAID
ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES, NORTH 89058'48" WEST, A DISTANCE OF 990.32 FEET,
THENCE NORTH 00017'41" WEST, A DISTANCE OF 1332.48 FEET, THENCE NORTH 89059'45" EAST, A DISTANCE
OF 328.98 FEET; THENCE NORTH 00020'27" WEST, A DISTANCE OF 1332.63 FEET TO AN INTERSECTION WITH THE
SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE
ALONG SAID SOUTH FRACTION LINE, SOUTH 89058317" WEST, A DISTANCE OF 655.76 FEET; THENCE NORTH
00014'37" WEST, A DISTANCE OF 1332.01 FEET; THENCE ALONG SAID FRACTION LINE, SOUTH 89057509" WEST,
A DISTANCE 653.40 FEET; THENCE NORTH 00°09'00" WEST, A DISTANCE OF 1332.05 FEET TO AN INTERSECTION
WITH THE NORTH LINE OF SAID SECTION 220 THENCE ALONG THE NORTH LINE OF SAID SECTION 22, SOUTH
89054'39" WEST, A DISTANCE OF 651.08 FEET TO THE NORTHWEST CORNER OF SAID SECTION 22, SAID POINT
ALSO BEING THE SOUTHWEST CORNER OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 26 EAST AND ALSO
BEING THE WESTERLY BOUNDARY OF SAID PLAT OF ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES,
THENCE ALONG THE WEST LINE OF SAID SECTION 15 AND THE WESTERLY BOUNDARY OF SAID ESPLANADE
PLAT THE FOLLOWING TWO COURSES, COURSE ONE: NORTH 00007109" WEST, A DISTANCE OF 2,663.01 FEET TO
THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 15; COURSE TWO: THENCE
ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 15, NORTH 00007113" WEST, A
DISTANCE OF 988.29 FEET TO A POINT ON A NON -TANGENTIAL CURVE, SAID POINT ALSO BEING THE
SOUTHWEST CORNER OF TRACT "P6" OF SAID PLAT OF ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES;
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT 4'P6" THE FOLLOWING 45 COURSES; COURSE
ONE: NORTHEASTERLY, 185.62 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 359.00 FEET, THROUGH A CENTRAL ANGLE OF 29037'31" AND BEING SUBTENDED BY A
CHORD THAT BEARS NORTH 54028'20" EAST, 183.56 FEET TO A POINT OF REVERSE CURVATURE; COURSE TWO:
THENCE NORTHEASTERLY, 124.90 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 3 81 .00 FEET, THROUGH A CENTRAL ANGLE OF 18046'59" AND BEING
SUBTENDED BY A CHORD THAT BEARS NORTH 49003'05" EAST, 124.34 FEET TO A POINT OF REVERSE
CURVATURE; COURSE THREE: THENCE NORTHEASTERLY, 150.54 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 312.00 FEET, THROUGH A CENTRAL ANGLE OF
27038'40" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 44037'14" EAST, 149.08 FEET TO A POINT
OF REVERSE CURVATURE; COURSE FOUR: THENCE NORTHEASTERLY, 123.39 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1,988.00 FEET, THROUGH A CENTRAL
ANGLE OF 03033'22" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 3203435" EAST, 123.37 FEET TO
A POINT OF REVERSE CURVATURE; COURSE FIVE: THENCE NORTHERLY, 252.43 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 412.00 FEET, THROUGH A CENTRAL ANGLE
OF 35006'17" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 16048'08"EAST, 248.50 FEET TO A POINT
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1of6
IF ': ODES // / /' / "
.: 00 :,
BONM • •. O.
OF REVERSE CURVATURE; COURSE SIX: THENCE NORTHERLY, 81.37 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 188.00 FEET, THROUGH A CENTRAL ANGLE OF 24047,52"
AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 11038'55" EAST, 80.73 FEET; COURSE SEVEN:
THENCE NORTH 24002'48" EAST, A DISTANCE OF 139.54 FEET TO A POINT OF CURVATURE, COURSE EIGHT:
THENCE EASTERLY, 184.18 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A
RADIUS OF 98.00 FEET, THROUGH A CENTRAL ANGLE OF 107041102" AND BEING SUBTENDED BY A CHORD THAT
BEARS NORTH 77053'19" EAST, 158.25 FEET TO A POINT OF REVERSE CURVATURE; COURSE NINE: THENCE
EASTERLY, 199.50 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS
OF 212.00 FEET, THROUGH A CENTRAL ANGLE OF 53055'06" AND BEING SUBTENDED BY A CHORD THAT BEARS
SOUTH 75013'43" EAST, 192.22 FEET; COURSE TEN: THENCE NORTH 77048'44" EAST, A DISTANCE OF 98.12 FEET
TO A POINT OF CURVATURE; COURSE ELEVEN: THENCE EASTERLY, 68.66 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 88.00 FEET, THROUGH A CENTRAL ANGLE
OF 44042'20" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 79050'06" EAST, 66.93 FEET; COURSE
TWELVE: THENCE SOUTH 57°28'56" EAST, A DISTANCE OF 38.87 FEET TO A POINT OF CURVATURE; COURSE
THIRTEEN: THENCE EASTERLY, 140.15 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY,
HAVING A RADIUS OF 112.00 FEET, THROUGH A CENTRAL ANGLE OF 71041'55" AND BEING SUBTENDED BY A
CHORD THAT BEARS NORTH 86040107" EAST, 131.19 FEET TO A POINT OF REVERSE CURVATURE; COURSE
FOURTEEN: THENCE NORTHEASTERLY, 113.60 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 225.00 FEET, THROUGH A CENTRAL ANGLE OF 28055144" AND BEING
SUBTENDED BY A CHORD THAT BEARS NORTH 65017'01" EAST, 112.40 FEET TO A POINT OF REVERSE
CURVATURE; COURSE FIFTEEN: THENCE NORTHEASTERLY, 101.15 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 212.00 FEET, THROUGH A CENTRAL ANGLE OF
27020'10" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 66004'48" EAST, 100.19 FEET TO A POINT
OF REVERSE CURVATURE; COURSE SIXTEEN: THENCE EASTERLY, 38.76 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 38.00 FEET, THROUGH A CENTRAL ANGLE OF 58026143"
AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 81038105" EAST, 37.10 FEET TO A POINT OF REVERSE
CURVATURE; COURSE SEVENTEEN: THENCE EASTERLY, 119.37 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 212.00 FEET, THROUGH A CENTRAL ANGLE OF 32015137" AND
BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 85016'22" EAST, 117.80 FEET TO A POINT OF REVERSE
CURVATURE; COURSE EIGHTEEN: THENCE EASTERLY, 75.62 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS OF 188.00 FEET, THROUGH A CENTRAL ANGLE OF 23002151" AND
BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 89052'45" EAST, 75.12 FEET TO A POINT OF REVERSE
CURVATURE; COURSE NINETEEN: THENCE EASTERLY, 172.97 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 212.00 FEET, THROUGH A CENTRAL ANGLE OF 46044'53" AND
BEING SUBTENDED BY A CHORD THAT BEARS NORTH 78016'14" EAST, 168.21 FEET TO A POINT OF REVERSE
CURVATURE; COURSE TWENTY: THENCE EASTERLY, 92.94 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS OF 188.00 FEET, THROUGH A CENTRAL ANGLE OF 28019'29" AND
BEING SUBTENDED BY A CHORD THAT BEARS NORTH 69003'32" EAST, 92.00 FEET TO A POINT OF REVERSE
CURVATURE; COURSE TWENTY-ONE: THENCE EASTERLY, 113.65 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 212.00 FEET, THROUGH A CENTRAL ANGLE OF
30042'52" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 67051'50" EAST, 112.29 FEET; COURSE
TWENTY-TWO: THENCE NORTH 52030'22" EAST, A DISTANCE OF 75.67 FEET TO A POINT OF CURVATURE,
COURSE TWENTY-THREE: THENCE EASTERLY, 185.77 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS OF 188.00 FEET, THROUGH A CENTRAL ANGLE OF 56037'Ol" AND
BEING SUBTENDED BY A CHORD THAT BEARS NORTH 80048'53" EAST, 178.31 FEET; COURSE TWENTY-FOUR:
THENCE SOUTH 70052'38" EAST, A DISTANCE OF 215.48 FEET TO A POINT OF CURVATURE; COURSE TWENTY-
FIVE: THENCE EASTERLY, 84.99 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY,
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2 of 6
' / ' VAN K V,
// BONITA l'' / D"►E
,t SUFM107
i ' / 46 ww 81 % % ' /4OX8163
HAVING A RADNS OF 312.00 FEET, THROUGH A CENTRAL ANGLE OF 15°36'30" AND BEING SUBTENDED BY A
CHORD THAT BEARS SOUTH 78040153" EAST, 84.73 FEET TO A POINT OF REVERSE CURVATURE; COURSE
TWENTY-SIX: THENCE EASTERLY, 72.99 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 138.00 FEET, THROUGH A CENTRAL ANGLE OF 30018109" AND BEING
SUBTENDED BY A CHORD THAT BEARS SOUTH 71020'03" EAST, 72.14 FEET TO A POINT OF REVERSE
CURVATURE; COURSE TWENTY-SEVEN: THENCE EASTERLY, 109.44 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 162.00 FEET, THROUGH A CENTRAL ANGLE OF 38042128"
AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 75032'13" EAST, 107.37 FEET TO A POINT OF
REVERSE CURVATURE; COURSE TWENTY-EIGHT: THENCE EASTERLY, 82.55 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 138.00 FEET, THROUGH A CENTRAL ANGLE
OF 34°16'32" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 7704511111EAST, 81.33 FEET TO A POINT
OF REVERSE CURVATURE; COURSE TWENTY-NINE: THENCE EASTERLY, 91.37 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 162.00 FEET, THROUGH A CENTRAL ANGLE
OF 32018'53" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 76046'21" EAST, 90.16 FEET; COURSE
THIRTY: THENCE NORTH 87°04'12" EAST, A DISTANCE OF 80.88 FEET TO A POINT OF CURVATURE; COURSE
THIRTY-ONE: THENCE SOUTHEASTERLY, 224.07 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 138.00 FEET, THROUGH A CENTRAL ANGLE OF 93001146" AND BEING
SUBTENDED BY A CHORD THAT BEARS SOUTH 46024'55" EAST, 200.25 FEET TO A POINT OF REVERSE
CURVATURE; COURSE THIRTY-TWO: THENCE SOUTHEASTERLY, 330.36 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 312.00 FEET, THROUGH A CENTRAL ANGLE OF
60040'03 AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 30014'03" EAST, 315.14 FEET TO A POINT
OF COMPOUND CURVATURE; COURSE THIRTY-THREE: THENCE EASTERLY, 57.69 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 112.00 FEET, THROUGH A CENTRAL ANGLE
OF 29030'43" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 75019'26" EAST, 57.05 FEET TO A POINT
OF REVERSE CURVATURE; COURSE THIRTY-FOUR: THENCE SOUTHEASTERLY, 383.12 FEET ALONG THE ARC
OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 308.00 FEET, THROUGH A
CENTRAL ANGLE OF 71016'11 AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 54026'42" EAST, 358.89
FEET TO A POINT OF COMPOUND CURVATURE; COURSE THIRTY-FIVE: THENCE SOUTHERLY, 484.39 FEET
ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 908.00 FEET, THROUGH
A CENTRAL ANGLE OF 30033'57" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 03031'38" EAST,
478.67 FEET TO A POINT OF REVERSE CURVATURE; COURSE THIRTY-SIX: THENCE SOUTHEASTERLY, 134.34
FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 112.00
FEET, THROUGH A CENTRAL ANGLE OF 68043129" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH
22036'24" EAST, 126.43 FEET; COURSE THIRTY-SEVEN: THENCE SOUTH 56°58'09" EAST, A DISTANCE OF 74.98
FEET TO A POINT OF CURVATURE; COURSE THIRTY-EIGHT: THENCE EASTERLY, 333.98 FEET ALONG THE ARC
OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 512.00 FEET, THROUGH A CENTRAL
ANGLE OF 37022'29" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 7503923" EAST, 328.09 FEET TO
A POINT OF REVERSE CURVATURE; COURSE THIRTY-NINE: THENCE EASTERLY, 155.66 FEET ALONG THE ARC
OF A CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 488.00 FEET, THROUGH A CENTRAL
ANGLE OF 18016'33" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 85012'21" EAST, 155.00 FEET TO
A POINT OF REVERSE CURVATURE; COURSE FORTY: THENCE EASTERLY, 297.82 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 512.00 FEET, THROUGH A CENTRAL ANGLE
OF 33019'39" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 87016'06" EAST, 293.64 FEET TO A POINT
OF REVERSE CURVATURE; COURSE FORTY-ONE: THENCE EASTERLY, 178.15 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 488.00 FEET, THROUGH A CENTRAL ANGLE
OF 2005459" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 81 °03'46" EAST, 177.16 FEET TO A POINT
OF REVERSE CURVATURE; COURSE FORTY-TWO: THENCE EASTERLY, 94.41 FEET ALONG THE ARC . OF A
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CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 212.00 FEET, THROUGH A CENTRAL ANGLE
OF 25030'56" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 78045'47" EAST, 93.63 FEET TO A POINT
I'CiffOUTHERLY.OF ::11 FEET THROUGH
• •1.1• : 1 : 1 •• : •• •lillll• • 5•1
OF REVERSE CURVATURE; COURSE FORTY-FOUR: THENCE EASTERLY, 54.98 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 103.00 FEET, THROUGH A CENTRAL ANGLE
OF 30035'07" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 71051'55" EAST, 54.33 FEET; COURSE
FORTY-FIVE: THENCE NORTH 56°34'20" EAST, A DISTANCE OF 160.60 FEET TO THE SOUTHEAST CORNER OF
SAID TRACT "P6" AND AN INTERSECTION WITH THE EASTERLY BOUNDARY OF SAID PLAT OF ESPLANADE
GOLF AND COUNTRY CLUB OF NAPLES; THENCE ALONG SAID EASTERLY BOUNDARY OF ESPLANADE GOLF
AND COUNTRY CLUB OF NAPLES THE FOLLOWING FOUR COURSES; COURSE ONE: THENCE SOUTH 00°51'44"
EAST, A DISTANCE OF 738.10 FEET; COURSE TWO: THENCE SOUTH 00°49'56" EAST, A DISTANCE OF 2,676.38 FEET
TO THE SOUTHEAST CORNER OF SAID SECTION 15 AND THE NORTHEAST CORNER OF SECTION 220 COURSE
THREE: SOUTH 00050'55" EAST, A DISTANCE OF 1,334.40 FEET; COURSE FOUR: THENCE SOUTH 89°56'33" WEST,
A DISTANCE OF 635.35 FEET; THENCE SOUTH 00°44'47" EAST, A DISTANCE OF 654.55 FEET TO AN INTERSECTION
WITH SAID EASTERLY BOUNDARY OF SAID PLAT OF ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES,
THENCE ALONG SAID EASTERLY BOUNDARY OF SAID PLAT OF ESPLANADE GOLF AND COUNTRY CLUB OF
NAPLES THE FOLLOWING TWO COURSES; COURSE ONE: THENCE SOUTH 00°38'40" EAST, A DISTANCE OF 666.84
FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 22; COURSE TWO: THENCE SOUTH 00°38'11" EAST, A DISTANCE OF 30.52 FEET TO AN INTERSECTION
WITH THE BOUNDARY OF ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES DILILLO PARCEL, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 61, PAGES 73 THROUGH 76 (INCLUSIVE) OF THE PUBLIC
RECORDS OF SAID COLLIER COUNTY, FLORIDA; THENCE ALONG SAID BOUNDARY OF SAID PLAT OF
ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES DILILLO PARCEL THE FOLLOWING THREE COURSES.
COURSE ONE: THENCE NORTH 89°59'08" EAST, A DISTANCE OF 655.79 FEET; COURSE TWO: THENCE SOUTH
00044105" EAST, A DISTANCE OF 1,303.59 FEET; COURSE THREE: THENCE NORTH 89°59'29" WEST, A DISTANCE
OF 658.03 FEET TO AN INTERSECTION WITH SAID EASTERLY BOUNDARY OF THE PLAT OF ESPLANADE GOLF
AND COUNTRY CLUB OF NAPLES; THENCE CONTINUE ALONG THE BOUNDARY OF SAID PLAT THE
FOLLOWING THREE COURSES: COURSE ONE: THENCE NORTH 89°59'29" WEST, A DISTANCE OF 164.50 FEET;
COURSE TWO: THENCE SOUTH 00°38'11" EAST, A DISTANCE OF 1,333.71 FEET TO AN INTERSECTION WITH THE
SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 22; COURSE
THREE: THENCE ALONG SAID SOUTH LINE, NORTH 89°57' 17" WEST, A DISTANCE OF 1,156.14 FEET TO THE POINT
OF BEGINNING.
PARCEL CONTAINS 859.40 ACRES, OR 37,435,462 SQUARE FEET, MORE OR LESS,
Z:\ESPLANADE NAPLES NAVD\2018-185 (Hatcher)\CDD Flowway\2020-ll6 CDD FLOW WAY LGL.doca
4 of 6
ES9'aNA E XLF AAD - - - -
CtZ.T/7RY aL6 CF NAPUS I
PB 53 PGS 1 77AV 64 i
TRACT P6' '5 C19 LB
G7
7NRU
I:
I
�j
E.4CA� IXXF AAD I I
COWRY ME Cr NAg£S
PB 53 PGS 1 7Fm 64
Nam, m I
c?, o?� 7RAcr Ps' 0 500 1000
n n I 1 "_ 1000'
UI
l C3 9
C32 C34 �39
Cal c33 C35
16 t F
N UNE SW 1/4 .4C 15 N LINE SE 1/4 SEC 15
I
S89 S4 39'W :
16 15 651.08' S UNE SW 1/4 .SEC 15
N LINE NW I/4 .SEC 22 22122
I o
Icl) z .
IC
Iry N
Iti
I '
S89'57 09 NN
I 653.40'
I�
I�
I�
ti
ESg�a0FAW
CaAfIRY LZL6 OI NA LS
PB 55 PGS 1 77M 54
I
SW CORNER
NW 1/4 S LINENW 1/4 .SEC 22—
SEC 22 I N LINE SW 1/4 SEC 22
I
I
I
I
I
E,s°LANALL (xYF AAO
LYX.{YIRY LrL6 CC NAFLES
F6 ar3 PGS 1 7FdiY/ 64
NOTES
1. BEARINGS ARE BASED ON THE
SOUTH
LINE OF THE SOUTHWEST
QUARTER OF 1HE SOUTHEAST
QUARTER, SECT7ON 22, TOWNSHIP 48
SOUTH, RANGE 26 EAST, ESPLANADE
GOLF AND COUNTRY CLUB OF
NAPLES, 53, PAGES 1 THROUGH 64
(INCLUSIVE), AS BEING NORTH
B9057117' WEST AND RELATE TO THE
FLORIDA STATE PLANE COORDINATE
SYSTEM FOR FLORIDA ZONE EAST,
NORTH AMERICAN DATUM OF 1983,
1990 ADJUSTMENT (NADB3/90).
2. SUBJECT TO EASEMENTS,
RESERt/ATIONS AND RESTRICTIONS OF
RECORD.
30' RIGHT —OF —WA
EASEMENT
OR
112, PG 376
o
�
0
N UNE NE 1/4 .SEC 22 22 2�
SW CORNER
S UAE AE 1/4 AE- 1/4
c
n I n NE 1/4 NE 1/4 F — — — gC SB956'
i SEC 22 3 �I n 65
• CI o �
35
I �I
jqI 654.55' ti
I S89'5725W
I �
- - �S UA/E AE 1/4 SEC 22
N LINE SE I/4 SEC 22 L 11
2 L1O I
N I C L2 Ul
L1310
�
j� L12
Rz oo
6E
269
1 �' ORAINA
EASSEMENT
OB 9,3, PG
AS9QVMENT
Q4 24a� PG 1707
ABBREVIATIONS
�ma
I ,oloA
P.N.B. h w
I
SE. CORNER SW 1/4
I SEC77ON 22-48-26
IMMOKALEE ROAD (S.R. 846)
POINT OF BEGINNING
BASIS OF BEARING
P.S.M.= PROFESSIONAL SURIiEYOR
L.B.•�` &MAPPER
B.E. =LICENSED BUSINESS NUMBER
OR = BUFFER EASEMENT
= OFFICIAL RECORD BOOK
PGS = PLAT BOOK
= PAGES
g
� o
ro
33"W SE GARNER
NE 1/4 NE 1/4
SEC 22
I
II
100' TRACT R-4'
HERITAGE BAY COMMONS
PB 43, PGS 46-54
I I COLLIER BOULEVARD
(BROKEN BACK ROAD)
I
22 23
23
g II
I'
I
� I
w I,
I
I'
I
ScOTT
H
I o�� '9,SIFIC,q •�O�
I I ■ : G No. 5739� ■ -
I o STATE OF Q
'0 4r
')4 �S°I le101
�````
BY,
JOHN SCOTT RHODES PSM #5739
ALL DIMENSIONS ARE IN FEET
3.
AND DECIMALS THEREOF, UNLESS
OTHERWISE NOTED.
g
� o
ro
33"W SE GARNER
NE 1/4 NE 1/4
SEC 22
I
II
100' TRACT R-4'
HERITAGE BAY COMMONS
PB 43, PGS 46-54
I I COLLIER BOULEVARD
(BROKEN BACK ROAD)
I
22 23
23
g II
I'
I
� I
w I,
I
I'
I
ScOTT
H
I o�� '9,SIFIC,q •�O�
I I ■ : G No. 5739� ■ -
I o STATE OF Q
'0 4r
')4 �S°I le101
�````
BY,
JOHN SCOTT RHODES PSM #5739
ALL DIMENSIONS ARE IN FEET
3.
AND DECIMALS THEREOF, UNLESS
OTHERWISE NOTED.
0
N
LINE
BEARING
DISTANCE
L 1
N89 59145
"E
328.98'
L2
N24 02'48"E
139.54'
L3
N77048'44
"E
98.12'
L 4
S57 28'56
"E
38.87'
L 5
N52 30'22
"E
75.67'
L 6
570 52'38
"E
21548
L 7
N87 041121
E
80.88'
L 8
S56 58'09
"E
74.98'
L9
N56'34'20'E
160.60'
L 10
500'38'11
"E
30. 52'
L 11
N89 59108'E
655.79'
L 12
N89 59129
"W
658.03'
L 13
N89 59129
"W
164.50'
CUR l/E
RADIUS
DEL TA
ARC
CHORD
CHORD BEARING
C1
J590 00'
29 37'31 "
1850621
183. 56'
N54 28'20 "E
C2
J810 00'
1846159"
1249901
124.34'
N49 03'05"E
C3
312. 00'
2738'40"
1500 54'
149. 08'
N44 37'14 "E
C4
19880 00'
33322"
123. 39'
123. 37'
N32 34'35 "E
C5
412001
35 06'17"
2520 43'
2480 50'
N 16 48'08 "E
C6
188000'
2447152"
81.37'
80.73'
N1138J551YE
C7
98.00'
10741102"
184.18
158.25;
N77531191E
C8
212. 00'
53 55'06 "
1999 50'
192. 22'
S7573143 "E
C9
88.00'
44 42'20
68.66
66.93'
S79 50'06 "E
C10
112Y 00'
71 41 '55"
140.15'
131.19'
N86 40107"E
C11
225.00'
2855144"
113.60'
112.40'
N6577101 "E
C12
212000'
2720JI0"
101015J
100.19'
N6604148"E
C13
38.00
58 26'43"
38.76
37.10'
N8138'05'E
C14
21200'
32*15'37"
119.37'
117.80'
S8576221E
C15
1880001
23 02151 "
75. 62
75.12'
S89 52145"E
C16
212001
46 44'53"
1720 97'
168.21 '
N7876'14 "E
C17
1880 00'
28019129 "
92941
92001
N69 03'32 "E
C18
21200'
JO42152"
113.65'
11229'
N6751'50"E
C19
1889 00'
56 37101 "
1850771
178. 31 '
N80 48153 "E
C20
J12o 00
15 36'30"
84. 99'
84. 73'
S7840153"E
C21
138. 00
30 018009 "
72. 99'
7214
S7120103 "E
C22
162900
384228"
109.44'
107.37'
S7532713"E
C23
138.00
34 016'32 "
82.55'
81.33'
S7745111 "E
C24
162.00'
3278153"
91.37'
90.16'
S7646'21 "E
C25
I J80 00'
93 01 '46 "
224071
200o 25'
S46 24'55 "E
C26
J12o 00'
6040'03"
330. 36'
315.14'
S3074'03"E
C27
112. 00'
29 30'43"
57. 69
57. 05'
S75 019126 "E
C28
J086 00'
7176'11 "
383.12'
358. 89'
S54 26'42 "E
C29
9080001
30 33157"
484. 39'
478. 67'
S03 31 '38 "E
C30
112001
68 4329
134.34
126.43'
S22361241E
C31
512. 00'
3722 29"
333. 98'
J28o 09'
S75391231E
C32
488.00'
18016133"
155. 66
155, 00'
58572121 "E
C33
512.00'
3379'39"
297.82'
293.64'
N8776'06"E
C34
488.00'
2005415911
178015'
177.16'
N81 03'46 "E
C35
212001
25 30156 "
I 94.41 '
93.63'
N78 45'47"E
C36
5880 00'
21 09'09"
217081
215851
N76 J4'54 "E
C37
103.00'
30 35107"
54.98'
54.33'
N7151 155 11E
LANDOWNER'S CONSENT TO INCLUSION OF PROPERTIES
WITHIN THE EXPANDED BOUNDARIES OF
FLOW WAY COMMUNITY DEVELOPMENT DISTRICT
TAYLOR MORRISON ESPLANADE NAPLES, LLC, a Florida limited liability company
("Owner"), certifies that it is the owner of certain real property located in Collier County, Florida and more
particularly described as follows (the "Proper
See Exhibit "A" attached hereto and incorporated herein by reference.
Owner understands and acknowledges that Flow Way Community Development District (the
"District") intends to submit a petition to amend its boundaries to Collier County in accordance with the
provisions of Chapter 190 of the Florida Statutes. As a landowner (as defined by Chapter 190, Florida
Statutes) of lands which are intended to be added to the District, the undersigned understands and
acknowledges that pursuant to the provisions of Section 190.046, Florida Statutes, the District is required
to include the written consent of one hundred percent (100%) of the owners of the lands to be added to the
District.
Owner hereby consents to the inclusion of the Property in the District and agrees to further execute
any documentation necessary or convenient to evidence this consent and joinder during the application
process for the amendment of the boundaries of the District. Owner acknowledges that this consent will
remain in full force and effect until the boundaries of the District are amended, provided that if final
approval of the Petition is not granted by Collier County within three (3) years from the date hereof, Owner
shall have the right to withdraw this consent by delivering written notice to the District and the Collier
County Board of County Commissioners within any time thereafter, but prior to final approval of the
Petition. If the Property is sold by Owner prior to final approval of the Petition, Owner further agrees that
it will provide to the next purchaser or successor in interest of all or any portion of the Property a copy of
this consent form and obtain, if requested by District, the same consent in substantially this form. Owner
represents and warrants that it has taken all actions and obtained all consents necessary to duly authorize
the execution of this consent and joinder by the officer executing this instrument. Owner further agrees to
the recording of this document, if required by Collier County.
IN WITNESS WHEREOF, 1 hereunto set my hand this ��� day of August, 2020.
TAYLOR MORRISON ESPLANADE NAPLES,
LLC, a Florida limited liability company
By; TAYLOR MORRIS .0111DA, INC.,
a Florida crn porn ' n,
its Managing N lmber
Barbara�Cininmonth, Vice I��sident
STATE OF FL R D/1
COUNTY OF
The foregoing instrument was acknowledged before me by means of (vphysical presence or ( )
online notarization, this day of August, 2020, by Barbara Kininmonth, as Vice President of Taylor
Morrison of Florida, Inc., a Florida corporation, Manager of Taylor Morrison Esplanade, LLC, a Florida
limited liability company, on behalf of the company, who is (v) persona ley known to me or ( ) has produced
as identification.
REBEICAH NORiON
Commisslon # GG 329991
Expires May 10, 2023
bonded Tfvu DW90 Notary Se""Jo'
Notary P"ubliC
Print Name: W- A P /(,txlIJ
My commission expires: ID I- ')"19
EXHIBIT "A"
iLI��AIL Il�E���I��'T1[ON OF �EA�. ]�ItOPE��i �I
THEN 1/2 OF THEN 1/2 OF THEW 1/2 OF THE SE 1/4 OF THE NE 1/4 OF SECTION 22, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
TI IE SOUTH I/2 OF THE NORTH I/2 OF THE WEST I/2 OF THE SOUTHEAST I/4 OF THE NORTHEAST
1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
cellt(Ul (GiIt lt�eT, �
INSTR 5884671 OR 5779 PG 1079 E-RECORDED 6/24/2020 4:55 PM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
Doc@.70 $4,739.00 REC $35.50
CONS $677,000.00
THYs YIvsTR�M�NT rRErAI�ED BY
AND SHOULD BE RETURNED TO:
Stephen L. Kussner, Esq.
Gray Robinson, F.A.
P.Q. Box 3324
Tampa, Florida 33602
NOTE TO RECORDER: Docux>laenta
consideration of $677,000.00 in Con
Florida Statutes. �-
1
Parcel ID. No. 0187520005
THIS SPECIAL W �
2020, by DAWN L. HATC
Southeast, Naples, FL 34117
ESPLANADE NAPLES, LL
28100 Bonita Grande Drive,
"Grantee").
ifa the amount of $4,739.00 are being paid on
d as required pursuant to Section 201.02,
�oni ta S•s
WITNESSFTH:
:r �to as of the day of June,
ddress of 4499 10th Avenue
to TAYLOR MORRISON
�any, with a mailing address of
4135 (hereinafter referred to as
THAT, far and in consideration of the sum of TEN AND NQl100 DOLLARS ($10.00}
and other goad and valuable considerations, the receipt and sufficiency ofwhich are acknowledged
by Grantor, Grantor hereby grants, bargains, sells, conveys and confirms unto Grantee all that
certain real property in Collier County, Florida, more particularly described in Exhibit "A"
attached hereto and made a part hereof, together with all of Grantor's riparian rights and
development rights, and all of Grantor's interest in and to all improvements, fixtures, easements,
frights -of way, permits, approvals, licenses, privileges and entitlements belonging or appertaining
to said real property, including, without limitation of the foregoing, all right, title and interest of
Grantor in and to any land lying in the bed of any canal, stream, lake, street, alley, road or avenue
(before or after vacation thereof, and whether previously abandoned or vacated or hereafter
abandoned or vacated) or any proposed street, alley, road or avenue, in front of or adjoining said
real property to the center line thereof and any minerals, oil, gas, and other hydrocarbon substances
in, under, or that may be produced therefrom (hereinafter collectively referred to as the "Real
Propert)?").
/490039/31fl#4p150728 v]
oR 5779 PG 1080
TOGETHER `WI'1'I� all the tenements, hereditaments and appurtenances thereto
belonging or in any way appertaining.
TO HAVE �NI� TO HOLD the same unto Grat7tee in fee simple forever.
ANn Grantor hereby covenants with Grantee that the Real Property is free and clear of all
liens and encumbrances except taxes for 2020 and subsequent years, but is subject to the covenants,
easements and restrictions of record as set forth in Exhibit "B" attached hereto and made a part
hereof (the "Permitted Exceptions"), without re -imposing the same; that Grantor is lawfully seized
of the Real Property in fee simple; that Grantor has good right and lawful authority to sell and
convey the Real Property; and that Grantor hereby fully warrants the title to the Real Property and
will defend the same against the lawful claims of all persons claiming by, through and under
Grantor but against gone other.
Wherever used herein, the terms �G�>cant� mod,"Grantee" shall be deemed to include the
parties to this Special Warranty Dee F#_ _ e assigns of each. The singular shall
be deemed to include the plural,, iw ersa, where h text so permits.
IN 'WITNESS WHO
day and year first above wn
Signed, sealed and deliv
in the presence af:
Print Name;
STATE OF FLORIDA
IAA►
c?,J
ial
S�,ecWarranty Deed as of the
r
VN L. HATCHER
The foregoing instrument was acknowledged
[ ]online notarization this ��'�";day of June. Z020,
personally known to me or dlias produced LL
as identification. __ __ __ __._a,�:..� X•,
PATRICIAC, SANSON
MY GOMMISSIOtd it CiG 117151
EX,31RE-S: ,iune 21to'c, 2Q11
OqJ t''+ Bonded'] hru Notary Pisblic Uncie;wrilers
before 1ne by [XJ physical prese>ce or
by DAWN L. HATCHER, who [ ] is
Signature of Notary Public
(Print Notary Na��aej
/490039/310#4Q15Q728 v(
2
oR 5779 PG 1081
EXHIBIT "A"
REAL PROPERTY
THE N'/2 OF THE N'/z OF TIC `7V %2 OF THE SE % OF THE NE '/a OF SECTION 22, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
3
/490039/310#40150728 vl
** OR 5779 PG 1082 ***
EXHIBIT B
PERMITTED EXCEPTIONS
1. Easement recorded in Official Records Book 1563, Page 1498, of the Public Records of
Collier County, Florida. (specific as to the insured property)
2. Rights of predecessors in title, and all persons claiming by, through or under same, by
virtue of the reservation, grant, or lease of the oil, gas and/or minerals lying within the lands
described in Schedule A, as contained in Deed Book 30, Page 91, Deed Book 38 page 272 and
Notice of Interest recorded July 14, 2010 in Official Records Book 4586, Page 412. Note: No
determination has been made as to the current owner of oil, gas and/or minerals excepted herein.
3. Resolution 2010-168 pertaining to
District No. I recorded in Official Recor` s
in Official Records Book 4721 pag''e452T
id, -Waste Municipal Service Benefit Unit, Service
►°k SO *,pa(ge, 2307, Resolution 2011450 recorded
Reso�utio rf21613483 recorded in Official Records
Book 4965 page 1660, Public Rdc6rt�� of Collier County,
4. Collateral Assignme>�i ar
the phase 7 and Phase 8 Projec
Records of Collier County, Ion
5. True -Up Agreement 116cot�1e
of Collier County, Florida. �T�.
z
6. Matters which would be sly'
in Official
Contract Rights Relating to
k 5657, Page 2188, Public
Page 2205, Public Records
the Real Property.
All recording references are to the Official Records of Collier County, Florida.
/490039/310#40150728 v 1
INSTR 5884458 OR 5779 PG 362 E-RECORDED 6/24/2020
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER
DOC@.70 $4,739.00 REC $35.50
CONS $6779000.00
THYS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO.
Stephen L. Kussner, Esq.
Gray Robinson, P,A.
P.O. Box 3324
Tampa, Florida 33602
2:12 PM PAGES 4
COUNTY FLORIDA
NOTE TO RECORDER: l]ocunaent r�slamp� t._axes rn the amount of 54,7�9.00 axe being
paid on consideration of $G77,OOO.OQ-i c� r�lthys Deed as required pursuant to
Section 201.02, Florida Statutes.
Parcel ID. No. 00190040200�
THIS SPECIAL W an r to as of the day of June,
2020, by MARC R. HAT , A SINGLE MA A T EE OF THE MAXIN'E I.
HATCHER REVOCABLE T, with a mailing re s j7 1 Orange Grove Trail, Naples,
FL 34120 (hereinafter referre "Grantor''), to T � MORRISON ESPLANADE
NAPLES, LLC, a Florida Iimite coin a 'e a mailing address of 2$100 Bonita
Grande Drive, Suite 203, Bonita Sprit g3+y1fter referred to as "Grantee").
WITNESSETH�
THAT, for and in cansideratian of the sum of TEN- A.ND NQ/100 DOLLARS ($10.00)
and other good and valuable considerations, the receipt and sufficiency ofwhich are acknowledged
by Grantor, Grantor hereby grants, bargains, sells, conveys and confirms unto Grantee all that
certain real property in Collier County, Florida, more particularly described in Exhibit "A"
attached hereto and made a part hereof, together with all of Grantor's riparian rights and
development rights, and all of Grantor's interest in and to all improvements, fixtures, easements,
rights-of4ay, permits, approvals, licenses, privileges and entitlements belonging or appertaining
to said real property, including, without limitation of the foregoing, all right, title and interest of
Grantor in and to any land lying in the bed of any canal, stream, lake, street, alley, road or avenue
(before or after vacation thereof, and whether previously abandoned or vacated or hereafter
abandoned or vacated) or any proposed street, alley, road or avenue, in front of or adjoining said
real property to the center line thereof and any minerals, oil, gas, and other hydrocarbon substances
in, under, or that may be produced therefrom (hereinafter collectively referred to as the "Real
Property").
/490039I509#4014p 124 v 1
oR 5779 PG 363
TOGETHER WxTI-I all the tenements, her%a rujuents and appurtenances thereto
belonging or in any way appertaining.
TO HAVE AND TO HOLD the same unto Grantee in fee simple forever,
AND Grantor hereby covenants with Grantee that the Real Property is free and clear of alI
liens and encumbrances except taxes for 2020 and subsequent years, but is subject to the covenants,
easements and restrictions of record as set forth in Exhibit "B" attached hereto and made a part
hereof (the "Permitted Exceptions"), without reyimposing the same; that Grantor is lawfully seized
of the Real Property in foe simple; that Grantor has good right and lawful authority to sell and
convey the Real Property; and that Grantor hereby fully warrants the title to the Real Property and
will defend the same against the lawful claims of all persons claiming by, through and under
Gran#or but against none other.
Wherever used herein, tl�e terms
parties to this Special Warranty De
be deemed to include the plural, #
IN WITNESS W�IEREC�►�',�i
day and year first above wn n.
Signed, sealed and delivers 71,
in the presence ofe
Print Nalrle.�,���� fl�'C' u � L`
Print Name:
STATE OF FLQRIDA.
•'�-"Grantee" shall be deemed to include the
0:14 assigns of each. The singular shall
where f A?O Vt so permits.
oxe,Wted t is SI ecial Warranty Deed as of the
.t is
NMI& J
MARL R: HATCHER, A SINGLE MAN, AS
TRUSTEE OF THE MAXINE Y. HATCHER
REVOCABLE TRUST
The foregoing instrument was acknowledged before me by [X] physical presence or
[ ]online notarization this �..3'`�"day ofJune, 2420, by 1V�arc R. Hatcher, a single znan, as Trustee
of the Maxine I. Hatcher Revocable Trust, who [ ] is personally known to me orjz:Jhas produced
as identification.
,,•=.f�i:'>'••, PATf71f;lAC. SF�NSON
•• F�� �-: fv1Y COr;-t�J,ISrfOr�l1� GO i17151
Bonded Thru Notary Public UrHlenrilers
Signature of Notary Public
(Print Notary Name)
J4�0039l309#401401Z4 vl
2
oR 5779 PG 364
EXHIBIT f4A"
REAL PROPERTY
THE SOUTH %z OF THE NORTH %z OF THE WEST %a OF THE SOUTHEAST Y/a OF THE
NORTHEAST V44 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA.
3
/49[1039/309#40140124 vl
Exhibit "H"
Proposed Timetable for Construction
*** OR 5779 PG 365 ***
EXHIBIT B
PERMITTED EXCEYTIQNS
1. Rights of predecessors in title, and all persons claiming by, through or under same, by
virtue of the reservation, grant, or lease of the oil, gas and/or minerals lying within the lands
described in Schedule A, as contained in Deed Book 30, Page 91, Deed Book 38 page 272 and
Notice of Interest recorded July 14, 2010 in Official Records Book 4586, Page 412. Note. No
determination has been made as to the current owner of oil, gas and/or minerals excepted herein..
2. Collier County Ordinance Number 75-20 which regulates the installation of water
distribution and waste collection systems; Ordinance Number 75-21 which protects certain trees
within Collier County; and Ordinance Number 75-24 which is known as the Collier County Zoning
Ordinance for the Coastal Area Planning District; all of which were recorded May 19, 1975, in
Official Record Book 619, Page 1177 #Fo*
�p:�3 84 ' lusive, Public Records of Collier County,
Florida.
3. Easement recorded in Official Rico ds Book 986, Page, 443, of the Public Records of
Collier County, Florida. (as t the'subjec pxopq*
4. Collateral Assignment an`a �ssu't�p�ioih o��i,�e�Qpe � an�i Contract Rights Relating to
the phase 7 and Phase 8 Pi o-jo tsV ecgY`de ii ff al R cc rdS j�,ok 5657, Page 2186, Public
T� :Zl 4
Records of Collier County, a.
As
5. True -Up Agreement recq>d�e�d,in Official Recor&�oo��.657, Page 2205, Public Records
6. Resolution 2010468 pertaining to -6idviste Municipal Service Benefit Unit, Service
District No. I recorded in Official Records Book 4610 page 23 07, Resolution 2011-150 recorded
in Official Records Book 4721 page 1527 and Resolution 2013-183 recorded in Official Records
Book 4965 page 1660, Public Records of Collier County, Florida.
7. Matters which would be shown by an accurate survey of the Real Property.
All recording references are to the Official Records of Collier County, Florida.
/490039/309#40140124 vl
Exhibit "H"
Flow Way CDD 2020 Expansion
Construction
Cost Estimate & Schedule
Category
Cost
Construction
Schedule
Surface Water Management
$
567,349564
2020-2021
Potable Water
$
117175156
2020-2021
Sanitary Sewer
$
256,940.22
2020-2021
Irrigation
$
88,297,58
2020-2021
Environmental, Mitigation, &
Landscaping
$
188,806.84
2020-2021
Off -Site
$
42,472.41
2020-2021
Professional Fees
$
228,501.01
N/A
Total
$
1,490,120.26
Estimated Construction Cost
Year
2020
2021
Infrastructure Costs
$ 894,07116
$ 596,048010
Exhibit "I"
Designation of Future General
Distribution, Location,
and Extent of Public and Private Uses of
Land Proposed for Future Land Use
FLOW WAY CDD
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Exhibit farm "
Statement of Estimated Regulatory Costs
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1.0 Introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs ("BERG") supports the petition to expand the
boundaries of the Flow Way Community Development District by 10.012 acres. ("District"). The
District currently includes 849.40 acres of land located within Collier County, Florida. The
limitations on the scope of this SERC are explicitly set out in Section 190.002(2)(d), Florida Statutes
(governing District formation or alteration) as follows.
"That the process of establishing such a district pursuant to uniform general law shall be fair
and based only on factors material to managing and financing the service delivery function of the
district, so that any matter concerning permitting or planning of the development is not material
or relevant (emphasis added)."
1.2 Overview of the Flow Way Community Development and the District
The expansion of the District will comprise a proposed land area of approximately 859.40
acres (after expansion) within the unincorporated Collier County, Florida. The District as originally
established, and with this small expansion area, is designed to provide infrastructure, services,
and facilities along with certain ongoing operations and maintenance to the Esplanade of Naples
development (the "Development" or "Esplanade") and the expansion area will comprise
approximately 36 residential units.
A Community Development District ("CDD,") is an independent unit of special purpose local
government created and chartered by Chapter 190, Florida Statutes, to plan, finance, construct,
operate and maintain community -wide infrastructure in large, planned community
developments. It may be established on the proposed property by ordinance which has previously
been completed, and this SERC is related only to the expansion are enumerated in the petition.
CDD's provide a "solution to the state's planning, management and financing needs for delivery
of capital infrastructure to service projected growth without overburdening other governments
and their taxpayers." Section 190.002(1)(a), Florida Statutes
A CDD is not a substitute for the local, general purpose, government unit, i.e., the County in
which the CDD lies. A CDD does not have the permitting, zoning or police powers possessed by
general purpose governments. A Community Development District is an alternative means of
financing, constructing, operating, and maintaining community infrastructure for planned
developments, such as Esplanade. The scope of this SERC is limited to evaluating the
consequences of approving the proposal to expand the boundaries of the District.
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JP hard and Associa tes LLC
2.0 Statement of Estimated Regulatory Costs
2.1 Requirements for a Statement of Estimated Regulatory Costs
Section 120.541(2), Florida Statutes, defines the elements a statement of estimated
regulatory costs must contain the following elements.
a) Is likely to have an adverse impact on business competitiveness, including the ability of
persons doing business in the state to compete with persons doing business in other
states or domestic markets, productivity, or innovation in excess of $1 million in the
aggregate within 5 years after the implementation of the rule.
b) Is likely to increase regulatory costs, including any transactional costs, in excess of $1
million in the aggregate within 5 years after the implementation of the rule.
c) 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.
d) 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 or local revenues.
e) 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 section, "transactional costs" are direct costs that are readily
ascertainable based upon standard business practices, and include filing fees, the cost of
obtaining a license, the cost of equipment required to be installed or used or procedures
required to be employed in complying with the rule, additional operating costs incurred,
the cost of monitoring and reporting, and any other costs necessary to comply with the
rule.
f) An analysis of the impact on small businesses as defined by s. 288.703, and an analysis of
the impact on small counties and small cities as defined in s. 120.52. The impact analysis
for small businesses must include the basis for the agency's decision not to implement
alternatives that would reduce adverse impacts on small businesses.
g) Any additional information that the agency determines may be useful.
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JP Turd and Associa tes LLC
h) In the statement or revised statement, whichever applies, a description of any regulatory
alternatives submitted under paragraph (1)(a) of Chapter 120.541 and a statement
adopting the alternative or a statement of the reasons for rejecting the alternative in
favor of the proposed rule.
The references to the "rule" in the statutory requirements forthe Statement of Estimated
Regulatory Costs also apply to an "ordinance" under secton190.005(2)(a), Florida Statutes
as amended.
3.0 Analysis of Required Elements of the Statement of Estimated Regulatory Costs
3.1 Questions:
3.1.1 Is likely to have an adverse impact on business competitiveness, including
the ability of persons doing business in the state to compete with persons
doing business in other states or domestic markets, productivity, or
innovation in excess of $1 million in the aggregate within 5 years after
the implementation of the rule.
3.1.2 Is likely to increase regulatory costs, including any transactional costs, in
excess of $1 million in the aggregate within 5 years after the
implementation of the rule.
3.1.3 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.
3.2 Responses:
3.2.1 The ordinance expanding the boundaries of the District will not have any
adverse impact (direct or indirect) on economic growth, private sector
job creation or employment, private sector investments, business
competitiveness, ability of persons doing business in the State to
compete with persons doing business in other states or domestic
markets, productivity, or innovation.
Any increases in regulatory costs, principally dealing with transactional
costs as a result of imposition of special assessments by the District will
be the direct result of facilities and services provided by the District to
the landowners within the District, and it should be noted that property
ownership in the District is voluntary and all costs associated with the
District are required to be disclosed to prospective purchasers prior to
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JP hard and Associates LE
sale, these costs are self-imposed and offset by the benefits derived from
the services provided by the District.
Next, the sole reason for the expansion of the District is to provide public
facilities and services to support the continued development of the
existing Esplanade of Naples Community. The additional land to be
added to the District will continue to promote local economic activity,
create local value, lead to local private sector investment and is likely, at
least in the short term, to support local private sector employment
and/or lead to local new job creation.
The expansion of the District will allow it to plan, fund, implement,
operate and maintain, for the benefit of the landowners within the
District, various public facilities and services necessary for the continued
development of the Esplanade of Naples Community. Such facilities and
services, will allow for the development of the land within the District for
private use. The provision of the District's infrastructure and the
subsequent development of the private land will generate private
economic activity, private economic growth, private investment and
employment, and job creation. The District will use proceeds of
indebtedness to fund construction of public infrastructure, which will
be constructed by private firms, and once constructed, will use private
firms to operate and maintain such infrastructure/provide services to
the landowners and residents of the District. While similar economic
growth, private sector job creation or employment, or private sector
investment could be achieved in absence of the expansion of the District
by the private sector alone, the fact that the expansion of the District was
requested of the existing District by the private developer means that
the private developer considers the expansion and continued
operation of the District as beneficial to the process of land development
and the future economic activity taking place within the District, which
in turn will lead directly or indirectly to the economic growth, likely
private sector job and/or support private sector employment, and
private sector investments.
When assessing the question of whether the expansion of the District is
likely to directly or indirectly have an adverse impact on business
competitiveness, including the ability of persons doing business in the
state to compete with persons doing business in other states or
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JP ward and Associa tes LLC
domestic markets, productivity, or innovation, one has to compare
these factors in the presence and in the absence of the District in the
development. When the question is phrased in this manner, it can be
surmised that the expansion of the District is likely to not have a direct
or indirect adverse impact on business competitiveness, productivity, or
innovation versus that same development without the expansion of the
District. Similarly to a purely private solution, District contracts will be
bid competitively so as to achieve the lowest cost/best value for any
particular infrastructure or services desired by the landowners under a
"lowest responsive/responsible bid" method, which will insure that
contractors wishing to bid for such contracts will have to demonstrate
to the District the most optimal mix of cost, productivity and
innovation. Additionally, the expansion of the District for the
development is not likely to cause the award of the contracts to favor
non -local providers any more than if there was expansion of the District.
The District in its purchasing decisions will not vary from the same
principles of cost, productivity and innovation that guide private
enterprise.
3.3 Question:
3.3.1 Likelihood on an increase in regulatory costs, including any transactional
costs, in excess of $1 million in the aggregate within 5 years after the
implementation of the rule.
3.4 Response:
3.4.1 The expansion of the District will not increase any regulatory costs of the
State or the County since this is a small expansion of an existing District
in Collier County. The existing District will pay cone -time filing fee to the
County to offset any expenses that the County may incur in the
processing of this petition. Similarly, the expansion of the District will not
require the annual Special District Filing Fee, which fee is meant to offset
any State costs related to its oversight of all special districts in the State,
and since no additional filings will be required other than to amend the
boundaries of the District with the State, there are no additional costs
related to oversight.
The expansion of the District will, however, directly increase regulatory
costs to the new landowners within the expansion area of District. Such
increases in regulatory costs, principally the anticipated increases in
transactional costs as a result of likely imposition of special
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JP hard and Associates LLC
assessments and use fees by the District will be the direct result of
facilities and services provided by the District to the new landowners
within the expansion area of the District. However, as property
ownership in the District is completely voluntary, all current
property owners with the expansion area must consent to the
expansion of the District and the likelihood of additional transaction
costs, and all initial prospective buyers must have such additional
transaction costs disclosed to them prior to sale, as required by State
law, such increases should be considered voluntary, self-imposed, and as
a tradeoff for the services and facilities provided by the District. As to
the anticipated amount of the transactional costs in the aggregate within
5 years, they are anticipated to not exceed approximately $4,500,000.00
as more fully described in the Engineer's Report for the annexed area.
3.5 Question:
3.5.1 A good faith estimate of the number of individuals and entities likely
to be required to comply with the ordinance, together with a general
description of the types of individuals likely to be affected by the
ordinance.
3.6 Response:
3.6.1 The expansion of the Flow Way Community Development District serves
land that comprises 10.012 acres of a District that is 849.40 acres in size
and in the master planned residential development of the Esplanade of
Naples, currently planned to be made up of an estimated 36 residential
dwelling units. The property owners in the District will be individuals and
that may operate industrial, manufacturing and other retail and non -
retail related businesses outside the boundaries of the District.
3.7 Question:
3.7.1 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 or local revenues.
3.8 Response:
3.8.1 There is no state agency promulgating any rule relating to this project
that is anticipated to effect state or local revenues. 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, the County, or any other unit of local government. In
accordance with State law, debts of the District are strictly its own
responsibility
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JP Lard and Associates LLC
3.9 Question:
3.9.1 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 section,
"transactional costs" are direct costs that are readily ascertainable based
upon standard business practices, and include filing fees, the cost of
obtaining a license, the cost of equipment required to be installed or used
or procedures required to be employed in complying with the rule,
additional operating costs incurred, the cost of monitoring and reporting,
and any other costs necessary to comply with the rule.
3.10 Response:
3.10.1 Individuals and Entities:
Table 1 provides an outline of the various facilities and services the
District may provide. Flow Way Community Development District
Proposed Facilities and Services
Table 1. Funding, Operations &Ownership
Environmental Mitigation & CDD CDD CDD
Landscaping
Utilities
Surface Water Management
Off
-Site
CDD County County
CDD CDD/HOA CDD
CDD CDD/HOA Mr)
The petitioner has estimated the design and development costs for
providing the capital facilities as outlined in Table 1. The cost estimates
are shown in Table 2 below. Total design and development costs for these
facilities are estimated to be approximately $1,490,120.45 The District
may levy non -ad valorem special assessment (by a variety of names) and
may issue revenue and other bonds to fund the management of these
facilities. These bonds would be repaid through non -ad valorem special
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assessments (by a variety of names) levied on all properties in the District
that receive special and peculiar benefit from the District's capital
improvement program as outlined in Table 2.
Prospective future landowners in the Development may be required to
pay non -ad valorem special assessments levied by the District to provide
for facilities or operations and maintenance and secure any debt incurred
through bond issuance. In addition to the levy of non -ad valorem special
assessments which may be used for debt service, the District may also
levy a non -ad valorem assessment to fund the operations and
maintenance of the District and its facilities and services. However,
locating in the District by new residents is completely voluntary and levy
of such assessments, as well as the prospect of such assessments, are
noticed and disclosed fully. So, ultimately, all owners and users of the
affected property choose to accept the non -ad valorem assessments as a
tradeoff for the services and facilities that the District will provide. In
addition, state law requires all assessments levied by the District to be
disclosed by the seller to all prospective purchasers of property within
the District.
A Community Development District "CDD" provides the property owners
with an alternative mechanism of providing public services; however,
special assessments and other impositions levied by the District (and
collected by law) represent the transactional costs incurred by
landowners as a result of the establishment of the District. Such
transactional costs should be considered in terms of costs likely to be
incurred under alternative public and private mechanisms of service
provision, such as other independent Special Districts, County or its
Dependent Districts or county management but financing with municipal
service benefit units and municipal service taxing units which are not
Districts, or private entities, all of which can be grouped into three major
categories: public district, public other, and private.
With regards to costs of public district mechanism of public services
delivery to the developments within the proposed area, Dependent and
other Independent Special Districts can be used to manage the provision
of infrastructure and services, however, they are limited in the types of
services they can provide, and likely it would be necessary to employ
more than one district to provide all services needed by the
JP turd and Associates LLC
development. Transaction costs resulting from the employment of more
than one district would likely be higher than those resulting from a single
entity such as a CDD.
Other public entities, such as municipalities and counties, also are
capable of providing services, however, their costs in connection with the
new services and infrastructure required by the new development,
transaction costs, would be borne by all taxpayers, unduly burdening
existing taxpayers and would also be inconsistent with the State's policy
of "growth paying for growth".
Lastly, services and improvements could be provided by private entities.
However, their interests are primarily short-term profits and there is no
public accountability. The marginal benefits of tax-exempt financing
utilizing CDDs would cause the CDD to utilize its lower transactional costs
to enhance the quality of infrastructure and services.
In considering transactional costs of CDDs, it shall be noted that
occupants of the lands to be included within the District will receive three
major classes of benefits.
First, those residents in the District will receive a higher level of public
services which in most instances will be sustained over longer periods of
time than would otherwise be the case.
Second, a CDD is a mechanism for assuring that the community services
will be completed concurrently with development of lands within the
Development. This satisfies the revised growth management legislation,
and it assures that growth pays for itself without undue burden on other
consumers. Establishment of the District will ensure that these
landowners pay forthe provision of facilities, services and improvements
to these lands.
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JP Ward and Associa tes LLC
Table 2. Cost Estimate for District Facilities
Professional and Permitting Fees $ 228,501.01
Environmental Mitigation/Landscaping
Surface Water Management
Utilities (Water, Wastewater, Irrigation)
Off -Site
$ 188,806.84
$ 567,349.64
$ 462,990.36
$ 42,472.41
Total: $1,490,120.25
Third, a CDD is the sole form of local governance which is specifically
established to provide District landowners with planning, construction,
implementation and short and long-term maintenance of community
infrastructure at sustained levels of service.
The cost impact on the ultimate landowners in the Development is not
the total cost for the District to provide infrastructure services and
facilities. Instead, it is the incremental costs above, if applicable, what the
landowners would have paid to install infrastructure via an alternative
financing mechanism. Given the low cost of capital for a CDD due to tax-
exempt financing, landowners within the District can usually expect the
marginal benefits of finance savings directed toward higher quality of
infrastructure than landowners in similar developments not located
within CDDs.
State Governmental Agencies:
There will be only a modest cost to the Department of Economic
Opportunity and any other State governmental entity to implement the
requirement to amend the boundaries of the District for the small
expansion of the District. The District as proposed is within
unincorporated Collier County.
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JP Ward and AssoCia tes LLC
Local Government: (Collier County)
The proposed expansion land for the District is in the Collier County,
Florida and consists of approximately 10.012 acres. The County and its
staff may process, analyze, conduct a public hearing, and vote upon the
petition to amend the boundaries of the District. These activities will
absorb some resources. The costs to review the record of the local
hearing, the transcript of the hearing, and the ordinance adopted by the
local general-purpose government will be offset by the filing fee required
under 190.005 (1), Florida Statutes
These costs to the County are modest for a number of reasons. First,
according to Chapter 190, Florida Statutes, review of the petition to
establish the District does not include analysis of any community
developments within the boundaries of the District. Second, the petition
itself provides much of the information needed for a staff review. Third,
local governments already possess the staff needed to conduct the
review without the need for new staff. Fourth, there is no capital required
to review the petition. Fifth, the potential costs are offset by the required
filing fee. Finally, general purpose local governments routinely process
petitions for land uses and zoning changes that are far more complex
than is the petition to establish a community development district.
The annual costs to the County, do not change since this is simply an
amendment to the boundaries of an existing District.
3.11 Question:
3.11.1 An analysis of the impact on small businesses as defined by s. 288.703,
and an analysis of the impact on small counties and small cities as defined
in s. 120.52. The impact analysis for small businesses must include the
basis for the agency's decision not to implement alternatives that would
reduce adverse impacts on small businesses.
3.12 Response:
3.12.1 There will be no impact on small businesses because of the expansion of
the District. If anything, the impact may be positive. Collier County has
an estimated population that is greater than 75,000; therefore the
County is not defined as a "small " County according to Section 120.52
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JP Lard and Associates LLC
and there will accordingly be no impact on Collier County
because of the expansion of the boundary of the District.
3.13 Question:
3.13.1 Any additional information that the agency determines may be useful.
3.13.2 In the statement or revised statement, whichever applies, a description
of any regulatory alternatives submitted under paragraph (1)(a) of
Chapter 120.541 and a statement adopting the alternative or a statement
of the reasons for rejecting the alternative in favor of the proposed rule.
3.14 Response:
3.14.1 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
Petitioner's Engineer and other professionals associated with the
Petitioner.
Finally, it is useful to reflect upon the question of whether the
proposed expansion of the District is the best alternative to provide
community facilities and services to the project. As an alternative to
the District, the County could approve a dependent special district forthe
area, such as an MSBU or a special taxing district. Either of these
alternatives could finance the improvements contemplated in Table 2 in
a fashion similar to the District.
There are a number of reasons why a dependent district is not the best
alternative for providing community facilities and services to the
Esplanade of Naples Community. First, unlike the District, the
alternatives would require the County to administer the project and its
facilities and services. As a result, the costs for these services and
facilities would not be attributed to the land directly benefiting from
them, as the case would be with the District. Administering a project of
the size and complexity of the development program anticipated for
the additional lands to be included in the District is a significant and
expensive undertaking.
Second, a District is preferable from a government accountability
perspective. With a District, residents and landowners in the District
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JP Ward and Assocla tes LLC
would have a focused unit of government ultimately under their direct
control. The District can then be more responsive to resident needs
without disrupting other County responsibilities. By contrast, if the
County were to establish dependent districts, then the residents and
landowners of the added lands to the existing District would take their
grievances and desires to County.
Third, any debt of a District is strictly the District's responsibility. While it
may be technically true that the debt of a County -established, dependent
special district is not strictly the County's responsibility, any financial
problems that the special district may have will inevitably entangle the
County. This will not be the case if the land is simply added to the existing
District.
Another alternative to the District would be for a homeowners'
association to provide the infrastructure, operations and maintenance of
community facilities and services. A District is superior to a HOA for a
variety of reasons. First, unlike a HOA, a District can obtain low cost funds
from the municipal capital markets. Second, the 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 HOA.
Third, the proposed District is a unit of local government. This provides a
higher level of oversight and accountability.
13 � Page
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ENGINEERING REVIEW
FOR EXPANSION OF THE
FLOW WAY COMMUNITY DEVELOPMENT DISTRICT
Furrm
ose
A petition for expanding the Flow Way Community Development District (CDD) is being filed
with the Collier County Board of County Commissioners. The purpose of this report is to
provide the Collier County Commission with an engineering perspective relative to the proposed
land area for establishment of the state created CDD.
Qualifications
My qualifications for providing these engineering perspectives are outlined in the attached
resume. In summary, I am a practicing professional engineer licensed in Florida for over 19
years. I have been employed at Waldrop Engineering since March 2017.
Regarding the petition to establish the Flow Way CDD, I have reviewed the following:
l . Chapter 187, Florida Statutes, the State Comprehensive Plan.
2. The Collier County Comprehensive Plan.
3. Chapter 189, Florida Statutes, the Uniform Special District Accountability Act.
4. Chapter 190, Florida Statutes, the Uniform Community Development District Act.
Additionally, I have observed the proposed site for the Flow Way CDD and reviewed the
Petition to Expand the Flow Way MD.
Engineer's Perspective
This is a review of expanding the Flow Way CDD on the proposed land from an engineering
perspective. Section 190.005, Florida Statutes, lists six specific factors that must be considered
when making a determination regarding a petition to establish a CDD. These factors are:
1. Whether all statements contained within the petition have been found to be true and
correct.
2. Whether the establishment of the district is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
3. Whether the area of the 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. Whether the district is the best alternative available for delivering community
development systems, services and facilities to the area that will be served by the
district.
S. Whether the community development systems, facilities and services of the district will
be incompatible with the capacity and uses of existing local and regional community
development systems, services, and facilities.
6. Whether the area that will be served by the district is amenable to separate district government.
government.
The proposed land area for the Flow Way CDD expansion area includes approximately 10.01�
acres. The expansion area is located within Collier County, east of the existing CDD, north of
Immokalee Road. The expansion area will include single-family residential, open space, wetland
preserves, roadways, stormwater management facilities, and water and sewer facilities.
The CDD may exercise special powers relating to public improvements, systems, facilities and
services as authorized in Section 190.012, Florida Statutes. The improvements, systems, facilities
and services specifically included in the Flow Way CDD involve:
1. Surface water management
2. Water, sewer, and irrigation systems, facilities and services
3. Exterior landscaping
4. Offsite improvements
S. Conservation and mitigation areas
6. Professional &permit fees
The engineering evaluation for the proposed property within the CDD, relative to the six
statutory factors, is based on the CDD exercising its statutory powers relative to these and all
other improvements, systems, facilities, and services authorized in Section 190.012, Florida
Statutes.
FACTOR l : Whether all statements contained within this petition have been found to be true and
correct.
I have observed the Flow Way site and reviewed the Petition for Establishing the Flow Way
CDD. To the best of my knowledge, the statements contained within the Petition are true and
correct. There are no special engineering problems evident from my review. There is no
specialized problem as related to this factor.
FACTOR 2: Whether the establishment of the district is inconsistent with any applicable element
or portion of the state comprehensive plan or of the effective local government comprehensive
plan.
For the purposes of responding to this factor, the State and Collier County Comprehensive Plans
were reviewed for goals, objectives, and policies that pertain to the establishment of a CDD. The
engineering aspects of these pertinent goals, objectives, and policies were then reviewed relative
to establishment of the Flow Way CDD. Based on this review, establishment of the Flow Way
CDD is not inconsistent with applicable elements or portions of the State and Collier County
Comprehensive Plans. There is no specialized problem as related to this factor.
Comments on State and Collier County Comprehensive Plan goals, objectives, and policies
pertaining to the engineering aspects of establishing a CDD, and specific application to the Flow
Way CDD, are provided in the following discussion.
State Comprehensive Plan
Subject I5 -Land Use
This goal recognizes the importance of locating development in areas that have the resources,
fiscal abilities, and service capacity to accommodate growth. Community development districts
are designed to provide services and facilities in a fiscally responsible manner to areas that can
accommodate development. The proposed district will be a vehicle to provide a high quality of
infrastructure facilities and services in an efficient and focused manner at sustained levels over
the long-term life of the community.
Subject 17 -Public Facilities
Subject 17 addresses public facilities. The goal is to finance new facilities in a timely, orderly
and efficient manner. In particular, Policy 3 states that the cost of new public facilities should be
allocated to existing and future residents on the basis of the benefits received. Policy 6 also
encourages the identification and implementation of innovative but fiscally sound and cost-
effective techniques for financing public facilities. Establishment of the proposed district will
further this goal and related policies.
Subject 20 -Governmental Efficiency
This goal recognizes the importance of Florida governments economically and efficiently
providing the amount and quality of services required by the public. The establishment of the
proposed district would economically and efficiently provide the infrastructure, facilities and
services necessary for community development within its boundaries.
Subject 25 -Plan Implementation
This subject calls for systematic planning capabilities to be integrated into all levels of
government throughout the state, with particular emphasis on improving inter- governmental
coordination and maximizing citizen involvement. The proposed district will operate through a
separate and distinct Board of Supervisors (the "Board") who will systematically plan the
construction, operation and maintenance of public improvements and community facilities
authorized under Chapter 190, Florida Statutes, subject to and not inconsistent with the local
government comprehensive plan and land development regulations. Further, meetings held by
the Board are publicly advertised and open to the public.
Collier County flan
Within Collier County, the local comprehensive plan 1 s outlined within the Collier County
Growth Management Plan
The establishment of the Community Development District to provide the governmental service
of Flow Way complies with the goals, objectives and policies of the Collier County Growth
Management Plan.
Public Facilities Element -Potable Water Sub -Element
Where Community Development Districts, or other similar special districts are established to
provide a tool for developers to finance infrastructure or other purposes, wholly or partially
within the Collier County Water -Sewer District, water service shall be connected to the regional
system, and internal facilities shall be conveyed when acceptable to the Collier County Water -
Sewer District for operation and ownership.
Flow Way CDD will provide potable water infrastructure to support the proposed development
within the District boundaries and will connect the system to Collier County consistent with the
Collier County Utilities Ordinance. The establishment of the proposed District is consistent with
this Policy.
Future Land r.Ise Element
Objective 5 and Policy 5.1: All rezoning must be consistent with this Growth Management
Plan.
Esplanade of Naples is a residential master planned community, which utilizes the Planned Unit
Development zoning district alternative to establish the development program, and the
establishment of the Community Development District to provide governmental and
infrastructure services. The project site is located in areas designated as: Urban Designation,
Mixed Use District, Urban Residential Fringe Subdistrict, and the Agricultural/Rural
Designation, Rural Fringe Mixed Use District, Neutral Lands as depicted on the Collier County
Future Land Use Map.
This proposed master planned project is consistent with this objective and policy, and has been
found consistent with the Growth Management Plan by the Collier County Board of
Commissioners.
Intergovernmental Coordination Element
Goal 1: Collier County will maintain or enhance the level of coordination and cooperation
among the various governments, authorities and agencies making decisions affecting natural
resources, housing, historic and archeological resources, public facilities, and public services
within and around Collier County, the revolve differences and to achieve compatible and
coordinate plans.
Objective 1: Collier County (County) shall continue to establish and maintain
intergovernmental communication and level of service coordination mechanisms to be used by
the County, Everglades City, the City of Marco Island, the City of Naples, and the City of
Bonita Springs, adjacent Lee County, Hendry County, Broward County, Dade County,
Monroe County, the District School Board of Collier County School Board, the State of
Florida, the Florida Department of Environmental Protection, Florida Department of
Transportation, and South Florida Water Management District, and any other entity that
provides a service but may not have land use authority.
Policy 1.1: Collier County shall continue to utilize existing coordination mechanisms, e.g.,
interlocal planning agreements, joint meetings and any other mechanism described in this
element which promotes consistent planning activities.
Flow Way CDD has coordinated with and received necessary approvals from both public and
private sector agencies in the delivery of services, such as Collier County Utilities, independent
fire control districts, Collier County Department of Transportation, and Florida Power and Light
to insure the services are coordinated and non -duplicative.
Flow Way Community Development District will continue to coordinate plans with the various
governmental agencies as it develops. The establishment of the proposed District is consistent
with this goal and associated objective.
The establishment of the proposed Flow Way Community Development District, pursuant to
Chapter 190, Florida Statutes, is consistent with the goals objectives and policies of the Collier
County Growth Management Plan.
Based upon the aforementioned findings, the inclusion of the parcel into the Flow Way District
would not be inconsistent with any goals, policies, sections or portions of the Plan, even if it
were to exercise any and all of its statutory powers.
Further, the inclusion of the parcel into the Flow Way District would not be inconsistent with
those parts of the Plan, which do not relate to the creation and establishment of a District.
FACTOR 3: Whether 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.
The Flow Way CDD expansion area is an estimated 10.01 � acres. When combined with the
current Flow Way CDD, it is sufficiently large to realize economies of scale for the district's
improvements, systems, services and facilities. The CDD area is sufficiently compact and is
entirely contiguous.
A functional interrelated community is, from an engineering standpoint, a community that can be
efficiently and effectively served by public works systems, facilities and services. Public works
systems, facilities and services are facilities and improvements that provide for the general
health, safety, and welfare of the users. Examples of common public works systems, facilities
and services include roadways, water systems, sewer systems and water managements systems.
An area's size and shape (or relatively compact and contiguous nature) are important factors in
determining whether public works type services can be provided to the area in an efficient and
effective manner. The size of the area is important because of the economics of scale that are
realized when these types of improvements and facilities are constructed and maintained. A
compact and contiguous area can be served by efficiently designed and constructed
improvements and facilities. The proposed land area for the Flow Way CDD is of a sufficient
size and relatively compact and contiguous nature to be developable as one functional
interrelated community.
FACTOR 4: Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
In commenting on whether the CDD is the best alternative for delivering services and facilities in
the Flow Way area, the following alternatives were considered:
1) Provision of systems, facilities and services through the private development and a
homeoner's association, won.
2) Provision of systems, facilities and services by Collier County Government, or managed
by Collier County and funded through a Municipal Services Taxing Unit or Municipal
Service Benefit Unit, or managed and financed by a dependent district on behalf of Collier
County.
3) Provision of systems, facilities and services by a CDD (or other independent special
purpose local government).
As previously stated, Collier County will own, operate, and maintain the water and sewer
systems, facilities and services. The District is a government that exists to use pinpointed and
focused management to not only construct but to maintain systems, facilities, and services for the
community with long-term sustained high quality. The single purpose District is differentiated
from the general purposes of the County government, the private and varied purposes of a
homeowner's association and the profit making purpose of a private landowner/developer. There
is no specialized problem as related to this factor. In my opinion, the Flow Way CDD is the best
alternative for providing the other facilities and services because:
1) The proposed area's size, relatively compact, contiguous nature, and land features are
amenable to construction and maintenance of efficient and effective community services
systems.
2} The costs of the community systems, services and facilities would be born by the users.
3) The costs can be appropriately apportioned among the users.
4) Revenue generated by the CDD will be used only to provide community services and
facilities to the users.
5) The CDD Board of Supervisors is elected by the landowners to make the decisions
regarding their community systems, services, and facilities.
6) The CDD has sufficient powers to ensure appropriate maintenance and funding of the
community systems, services, and facilities.
7} The CDD has more local, detailed knowledge of and the duty to provide the community
systems, services, and facilities.
8) The CDD will be more responsive to the community needs due to its concentrated location
and specific responsibilities for all indicated systems, services and facilities.
9) Some of the Flow Way community systems, services and facilities are unique to the
community and best served by a local, knowledgeable entity. Certain of these systems,
facilities and services, especially at higher quality, may not be as easily available without
the use of the CDD and its tax-free up -front financing.
FACTOR 5: Whether the community development services, and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community development
services and facilities.
The Collier County Comprehensive Plan serves as the adopted policy regarding public systems,
facilities and services and levels of service standards. The CDD must operate within the policies
in the Collier County Comprehensive Plan and the development approval processes in place to
ensure compliance with the Plan. These policies and processes will ensure that the community
development systems, facilities and services of the district will be compatible with the capacity
and uses of existing local and regional community development services. In the case of Flow
Way, the County will operate and maintain the water and sewer systems, facilities and services
while the CDD manages roadways, irrigation, and other community facilities. This arrangement
is consistent with the policies addressed in the Comprehensive Plan that suggests the County is
the lead agency in operating water and sewer systems. This policy is listed in the Comprehensive
Plan as Policy 2.3.3. and specifically reads "development in the Future Urban Service Area may
be permitted with on -site wastewater facilities only with approval of the Board of County
Commissioners and only if the proposed wastewater treatmentfacility is under government
ownership and control. " Providing local systems, facilities, and services for the proposed land
area through the CDD while more regional type services such as water supply and sewage
treatment area provided by the County is a common and compatible arrangement. There is no
specialized problem as related to this factor.
FACTOR 6: Whether the area that will be served by the district is amenable to separate special -
district government.
The question of whether the land area is "amenable" to separate special district government is
also related to the questions of size, compactness, and contiguity but takes the review of the
proposed land area one step farther. From an engineering standpoint, a review of the land area as
"amenable" or suitable for separate special district government calls for consideration of special
features of the area, beyond size or shape, that would present any special difficulty in
development and providing community improvements and facilities such as water, sewer and
roads. Based on a review of the areas and, the engineering master plan, there are no special or
unusual difficulties with providing the improvements and facilities.
I ��p�mY L. F����� attest that the statements and findings in this report are true and
accurate to the best of my knowledge.
Signature:
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