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Agenda 11/14/2023 Item #17I (Ordinance - Amending the boundaries of Radio Road (MSTU) Municipal Service Taxing Unit and to reestablish the MSTU's millage rate at 0.1000 when preparting the FY25 budget)11/14/2023 EXECUTIVE SUMMARY Recommendation to approve an Ordinance amending the boundaries of the Radio Road Municipal Service Taxing Unit (MSTU) by amending Ordinance No. 96-84, as amended, and direct staff to reestablish the MSTU’s millage rate at 0.1000 when preparing FY25’s budget. OBJECTIVE: To amend the boundaries of the Radio Road Beautification Municipal Service Taxing Unit (MSTU) and to continue to enhance the public areas within the MSTU boundaries. CONSIDERATIONS: On December 17, 1996, (Agenda Item 8B3), the Board of County Commissioners (“Board”) adopted Ordinance No. 96-84 establishing the Radio Road Beautification MSTU to allow for beautification of Radio Road between Airport Pulling Road and Santa Barbara Boulevard. On November 19, 2002, (Agenda Item17D), the Board adopted Ordinance 02-59 to include the cost of maintenance of the medians and right of ways on roads adjacent to Radio Road (such as Devonshire Boulevard) within the boundaries of the MSTU. On January 28, 2011, the Rich King Memorial Greenway was formally opened to the public providing a 12-foot- wide asphalt path within the Florida Power and Light easement corridor for walkers, joggers, cyclist and in -line skaters. On March 19, 2012, the Radio Road Beautification MSTU Advisory Committee voted unanimously to put aside funds for the beautification to the entrance of the Rich King Memorial Greenway. On June 11, 2013, (Agenda Item17D), the Board approved the amendment to Ordinance No. 13 -43, allowing MSTU funds to be used to provide enhancements to the entrance of Rich King Memorial Greenway along Radio Road and within the boundaries of the MSTU. On February 12, 2018, the advisory committee for the Radio Road Beautification MSTU voted unanimously to recommend modification of Ordinance 2013-43 to more clearly reflect the ongoing desire to improve the look and usability of all the public areas within the MSTU. Then on March 13, 2018, the Board voted to continue the ordinance modification for the revision of the boundaries request indefinitely, but to continue community outreach. On March 26, 2019, the Board denied the ordinance modification to amend the boundaries of the MSTU, which would have extended the boundaries to encompass the Rich King Memorial Greenway. On September 24, 2019, the Board adopted the budget setting the millage rate to zero. The millage rate suspension has continued thru FY24 as sufficient carry forward was available to support the budget. On September 11, 2023, the Radio Road Beautification MSTU Advisory Comm ittee voted unanimously 4-0 to recommend that the Board amend the boundaries and reestablish the millage rate at 0.1000 for FY25 to allow for the continued maintenance and beautification projects within the MSTU boundaries. The estimated taxable value for redefined boundaries is estimated at $2,462,971,911. Reinstating the millage rate of 0.1000 per $1,000 of taxable value is expected to generate approximately $246,297 annually. This item is consistent with Collier County’s responsible governance strategic plan objective for quality of place. FISCAL IMPACT: The approved ordinance would generate approximately $246,297 annually for beautification and maintenance in the Radio Road MSTU Fund (1625). LEGAL CONSIDERATIONS: The item is approved as to form and legality and requires majority vote for Board approval. -DDP 17.I Packet Pg. 2497 11/14/2023 GROWTH MANAGEMENT IMPACT: This item supports the transportation element objective to preserve and enhance the health, safety, welfare, quality, character, and heritage of our neighborhoods and communities. RECOMMENDATION: To approve an Ordinance amending the boundaries of the Radio Road Municipal Service Taxing Unit (MSTU) by amending Ordinance No. 96-84, as amended, and direct staff to reestablish the MSTU’s millage rate at 0.1000 when preparing FY25’s budget. Prepared by: Judith Sizensky, MSTU Project Manager, PTNE Division ATTACHMENT(S) 1. Proposed Radio Road MSTU Ordinance (PDF) 2. Proposed Radio Road MSTU Ordinance (Line Numbered) (PDF) 3. Radio Road Ordinance 2013-43 (PDF) 4. Radio Road Ordinance 2002-59 (PDF) 5. Radio road Ordinance 97-52 (PDF) 6. Radio Road Ordinance 96-84 (PDF) 7. legal ad - Radio Rd MSTU amend boundaries (PDF) 17.I Packet Pg. 2498 11/14/2023 COLLIER COUNTY Board of County Commissioners Item Number: 17.I Doc ID: 27113 Item Summary: Recommendation to approve an Ordinance amending the boundaries of the Radio Road Municipal Service Taxing Unit (MSTU) by amending Ordinance No. 96 -84, as amended, and direct staff to reestablish the MSTU’s millage rate at 0.1000 when preparing FY25’s budget. Meeting Date: 11/14/2023 Prepared by: Title: – Public Transit & Neighborhood Enhancement Name: Judy Sizensky 10/30/2023 10:55 AM Submitted by: Title: – Public Transit & Neighborhood Enhancement Name: Brian Wells 10/30/2023 10:55 AM Approved By: Review: Public Transit & Neighborhood Enhancement Brian Wells Additional Reviewer Completed 10/30/2023 11:24 AM Road Maintenance Ellen Sheffey Additional Reviewer Completed 11/01/2023 9:42 AM Transportation Management Operations Support Trinity Scott Additional Reviewer Skipped 11/01/2023 10:20 AM Capital Project Planning, Impact Fees, and Program Management Gloria Herrera Additional Reviewer Completed 11/01/2023 11:11 AM Transportation Management Services Department Jeanne Marcella Transportation Management Services Department Completed 11/06/2023 10:37 AM Transportation Management Services Department Trinity Scott Transportation Completed 11/06/2023 12:49 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 11/07/2023 1:30 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/07/2023 1:35 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/07/2023 3:10 PM Office of Management and Budget Christopher Johnson Additional Reviewer Completed 11/07/2023 4:04 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/08/2023 3:13 PM Board of County Commissioners Geoffrey Willig Meeting Pending 11/14/2023 9:00 AM 17.I Packet Pg. 2499 [23-ATM-00593/1817830/1] Page 1 of 3 Words stricken are deletions; Words underlined are additions ORDINANCE NO. 2023-____ AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 96-84, AS AMENDED, WHICH ESTABLISHED THE RADIO ROAD BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT (MSTU), PROVIDING FOR AMENDMENT TO SECTION THREE AND SECTION TWO TO AMEND THE BOUNDARIES OF THE UNIT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 17, 1996, the Board of County Commissioners (“Board”) adopted Ordinance No. 96-84, establishing the Radio Road Beautification Municipal Service Taxing Unit (“MSTU”); and WHEREAS, on October 21, 1997, the Board adopted Ordinance No. 97-52, creating the Radio Road Beautification Advisory Committee (“MSTU Advisory Committee”); and WHEREAS, on November 19, 2002, the Board adopted Ordinance No. 02-59, amending the MSTU ordinance to expand its purpose to include maintaining medians and right-of-way work on any adjoining public road within the MSTU’s boundaries; and WHEREAS, on June 11, 2013, the Board adopted Ordinance No. 13-43, amending the MSTU ordinance to allow for MSTU funds to be used to provide curbing, watering facilities, plantings, and maintenance to the entrance of the Rich King Memorial Greenway, which is entirely located within an FPL easement and not within MSTU medians or right-of-way, but is within the boundaries of the MSTU; and WHEREAS, on September 11, 2023, the MSTU Advisory Committee voted unanimously to recommend the modification of the MSTU ordinance to amend the MSTU’s boundaries. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION THREE, PURPOSE AND GOVERNING BODY, OF ORDINANCE NO. 96-84, AS AMENDED. Section Three of Ordinance No. 96-84, as amended, is amended to read as follows: CAO 17.I.a Packet Pg. 2500 Attachment: Proposed Radio Road MSTU Ordinance (27113 : Radio Road MSTU Ordinance Modification) [23-ATM-00593/1817830/1] Page 2 of 3 Words stricken are deletions; Words underlined are additions SECTION THREE: PURPOSE AND GOVERNING BODY. The MSTU is created for the purpose of providing curbing, watering facilities, plantings and maintenance of the median areas for that portion of Radio Road lying between Airport- Pulling Road (County Road 31) Livingston Road and Santa Barbara Boulevard and for any adjoining public road within the MSTU boundaries, and for the purpose of providing for hardscape, watering facilities, plantings, and maintenance to the entrance to the Rich King Memorial Greenway, as depicted in Exhibit “A,” attached [to Ord. No. 2013-43 on file with the County], lying within the MSTU boundaries, which is open to the public and utilized for recreational purposes. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SECTION TWO: AMENDMENT TO SECTION TWO, CREATION OF THE MUNICIPAL SERVICE TAXING UNIT, OF ORDINANCE NO. 96- 84, AS AMENDED. Section Two of Ordinance No. 96-84, as amended, is amended to read as follows: SECTION TWO: CREATION OF THE MUNICIPAL SERVICE TAXING UNIT. There is hereby created and established the Radio Road Beautification Municipal Service Taxing Unit, hereinafter referred to as “MSTU.” The boundaries of the MSTU are as follows: attached hereto as Exhibit “A” and incorporated by reference herein. The South ½ of the South ½ of the Southwest ¼; and the Southwest ¼ of the Southeast ¼; and the West ½ of the Southeast ¼ of the Southeast ¼; and that portion of the East ½ of the Southeast ¼ of the Southeast ¼ lying south of Market Avenue and east of Commercial Boulevard, all within Section 36, Township 49 South, Range 25 East; and All of Section 31, Township 49 South, Range 26 East; and That portion of Section 32, Township 49 South, Range 26 East, lying south of and west of Interstate Highway No. 75; and The North ½ of the North ½ of the Northwest ¼; and the North ½ of the Northeast ¼ of Section 1, Township 50 South, Range 25 East; and Section 6, Township 50 South, Range 26 East, less the Southeast ¼ and All of Section 5, Township 50 South, Range 26 east, all being located within Collier County, Florida. CAO 17.I.a Packet Pg. 2501 Attachment: Proposed Radio Road MSTU Ordinance (27113 : Radio Road MSTU Ordinance Modification) [23-ATM-00593/1817830/1] Page 3 of 3 Words stricken are deletions; Words underlined are additions SECTION THREE: 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 Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word “ordinance” may be changed to “section,” or any other appropriate word. SECTION FOUR: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 14th day of November 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: _________________________ By: ________________________________ , Deputy Clerk Rick LoCastro, Chairman Approved as to form and legality: ____________________________ Derek D. Perry Assistant County Attorney Attachments: Exhibit “A” – Legal Description 10/26/2023CAO 17.I.a Packet Pg. 2502 Attachment: Proposed Radio Road MSTU Ordinance (27113 : Radio Road MSTU Ordinance Modification) PLAT NORTH GENERAL NOTES: 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. BEARINGS ARE ASSUMED AND BASED ON THE SOUTHEAST 1 4 SECTION LINE OF SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST BEING SOUTH 89°54'10" WEST. 3. ABSTRACT NOT REVIEWED. 4. LEGEND P.O.B. = POINT OF BEGINNING THOMAS J. ANDERSON, P.S.M. FLORIDA SURVEYOR & MAPPER LS 5804 COLLIER COUNTY SURVEYOR SCALE: 1" = 200' Transportation Management Services Department File No:Project No: 2885 South Horseshoe Drive, Naples Florida 34104 Phone: 239-252-8192 COLLIER COUNTY Road,Bridge & Stormwater Maintenance Division Date: 10-05-2023 23042RADIO ROAD MSTU PREPARED BY: THIS IS NOT A SURVEY EXHIBIT "A" PAGE __ OF __1 2 SKETCH AND DESCRIPTION OF RADIO ROAD MSTU (MUNICIPAL SERVICE TAXING UNIT) A PARCEL OF LAND ALL IN SECTIONS 31,32 & 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND SECTIONS 5 & 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, ALL IN COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT POINT ACCORDING TO COUNTRYSIDE AT BERKSHIRE LAKES SECTION ONE PLAT BOOK 14 PAGES 50-52 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. POINT BEING THE SOUTHEAST CORNER OF SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, SAID POINT BEING THE POINT OF BEGINNING. THENCE ALONG THE SOUTH LINE OF SAID SECTION 5 IN THE FOLLOWING FIVE (2) DESCRIBED COURSES: 1. SOUTH 89°54'10" WEST 2656.39 FEET TO THE SOUTH 1 4 CORNER OF SAID SECTION 5. 2. SOUTH 89°56'13" WEST 2657.66 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 5. THENCE LEAVING THE SOUTH LINE OF SECTION 5 IN THE FOLLOWING TWO (2) DESCRIBED COURSES: 1. NORTH 00°40'53" WEST 75.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF DAVIS BOULEVARD ACCORDING LAGO VILLAGGIO PLAT BOOK 38 PAGE 11-14 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SAID POINT BEING ON THE WEST LINE OF SAID SECTION 5. 2. NORTH 00°39'34" WEST 2736.54 FEET ALONG THE WEST LINE OF SAID SECTION 5 TO A POINT. SAID POINT ALSO BEING THE EAST 1 4 CORNER OF SECTION 6 TOWNSHIP 50 SOUTH RANGE 26 EAST. THENCE LEAVING THE WEST LINE OF SAID SECTION 5 IN THE FOLLOWING FOUR (4) DESCRIBED COURSES: 1. SOUTH 88°39'32" WEST 2643.90 FEET TO A POINT ALONG EAST-WEST 1 4 LINE OF SAID SECTION 6. SAID POINT BEING THE CENTER OF SAID SECTION 6 ACCORDING TO MOON LAKE UNIT ONE PLAT BOOK 14 PAGES 103-106 RECORDED IN THE PUBLIC RECORDS OF COLLIER COLLIER COUNTY, FLORIDA. 2. SOUTH 00°42'44" EAST 2677.50 FEET ALONG THE NORTH-SOUTH 1 4 LINE OF SECTION 6 TO THE NORTH RIGHT-OF-WAY OF DAVIS BOULEVARD ACCORDING TO FOXFIRE UNIT ONE PLAT BOOK 13 PAGES 84-86 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 3. SOUTH 00°42'44" EAST 75.00 FEET TO THE SOUTH 1 4 CORNER OF SECTION 6 AND THE SOUTH LINE OF SECTION 6. 4. SOUTH 89°58'42" WEST 2635.77 FEET ALONG THE SOUTH LINE OF SAID SECTION 6 TO A POINT BEING THE SOUTHWEST CORNER OF SAID SECTION 6. THENCE LEAVING THE SOUTHWEST CORNER OF SAID SECTION 6 IN THE FOLLOWING FOUR (4) DESCRIBED COURSES: 1. NORTH 00°47'30" WEST 75.00 FEET ALONG THE WEST LINE OF SAID SECTION 6 TO THE NORTH RIGHT-OF-WAY OF DAVIS BOULEVARD AND THE SOUTHWEST CORNER OF SAID FOXFIRE UNIT ONE. 2. NORTH 00°47'30" WEST 2617.69 FEET ALONG THE WEST LINE OF SAID SECTION 6 AND THE WEST LINE OF SAID FOXFIRE UNIT ONE TO A POINT. SAID POINT IS THE WEST 1 4 CORNER OF SAID SECTION 6. 3. NORTH 00°39'22" WEST 2642.01 FEET ALONG THE WEST LINE OF SAID SECTION 6 TO THE SOUTH RIGHT-OF-WAY OF RADIO ROAD AND THE NORTHWEST CORNER OF SAID FOXFIRE UNIT ONE. 4. NORTH 00°39'22" WEST 50.00 FEET ALONG THE WEST LINE OF SAID SECTION 6 TO THE NORTHWEST CORNER OF SAID SECTION 6 AND THE THE SOUTHWEST CORNER OF SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST. THENCE LEAVING THE SOUTHWEST CORNER OF SAID SECTION 31 IN THE FOLLOWING THREE (3) DESCRIBED COURSES: 1. NORTH 00°18'08" WEST 50.05 FEET TO THE NORTH RIGHT-OF-WAY OF RADIO ROAD ALONG THE WEST LINE OF SAID SECTION 31 ACCORDING TO BRIARWOOD UNIT ONE PLAT BOOK 18 PAGES 40-42 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 2. NORTH 00°18'08" EAST 2583.13 FEET ALONG THE WEST SECTION LINE OF SAID SECTION 31 AND WEST RIGHT-OF-WAY OF LIVINGSTON ROAD TO THE WEST 1 4 CORNER OF SAID SECTION 31. 3. NORTH 00°00'49" WEST 2645.44 FEET ALONG THE WEST LINE SAID SECTION 31 AND THE WEST RIGHT-OF-WAY OF LIVINGSTON ROAD TO THE NORTHWEST CORNER OF SAID SECTION 31. THENCE LEAVING THE NORTHWEST CORNER AND THE WEST LINE OF SAID SECTION 31 IN THE FOLLOWING THREE (3) DESCRIBED COURSES: 1. NORTH 89°39'05" EAST 100.00 FEET ALONG THE NORTH LINE OF SAID SECTION 31 TO THE EAST RIGHT-OF-WAY OF LIVINGSTON ROAD AND THE NORTHWEST CORNER OF BRIARWOOD UNIT TEN PLAT BOOK 36 PAGES 39-40 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 2. NORTH 89°39'05" EAST 2533.95 FEET ALONG THE NORTH SECTION LINE OF SAID SECTION 31 AND THE NORTH LINES OF SAID BRIARWOOD UNIT TEN AND BRIARWOOD UNIT ELEVEN PLAT BOOK 43 PAGES 1-3 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TO THE NORTHWEST 1 4 CORNER OF SAID SECTION 31. 3. NORTH 89°28'07" EAST 2633.32 FEET ALONG THE NORTH LINE OF SAID SECTION 31 THE NORTHEAST SECTION CORNER OF SAID SECTION 31 AND THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 49 SOUTH, RANGE 26 EAST. THENCE LEAVING THE NORTHWEST CORNER OF SAID SECTION 32 IN THE FOLLOWING FOUR (4) DESCRIBED COURSES: 1. NORTH 89°24'17" EAST 1166.98 FEET ALONG THE NORTH LINE OF SAID SECTION 32 AND THE NORTH LINE OF BERKSHIRE LAKES ACCORDING TO BERKSHIRE LAKES - UNIT # 4 PLAT BOOK 16 PAGES 6-8 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TO A POINT ON THE RIGHT-OF WAY OF INTERSTATE 75. 2. 4660.73 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 5891.58 FEET THROUGH A CENTRAL ANGLE OF 45°19'33" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 64°43'05" EAST 4540.15 FEET ALONG THE SOUTH RIGHT-OF-WAY OF INTERSTATE 75 ACCORDING FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP 03513-2601 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TO A POINT ON THE WEST SECTION LINE OF SECTION 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST. 3. 483.22 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 5891.58 FEET THROUGH A CENTRAL ANGLE OF 04°41'58" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 89°43'50" EAST 483.09 FEET ALONG THE SAID SOUTH RIGHT-OF-WAY OF INTERSTATE 75 TO A POINT OF TANGENCY OF THE NORTH LINE ACCORDING TO SHORES AT BERKSHIRE LAKES, PHASE TWO-B PLAT BOOK 34 PAGE 10-15 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 4. NORTH 87°55'39" 1715.64 FEET ALONG SAID SHORES AT BERKSHIRE LAKES AND INTERSTATE 75 TO THE NORTHEAST CORNER OF THE PRESERVE AT THE SHORES AT BERKSHIRE LAKES PLAT BOOK 30 PAGES 96-98 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE LEAVING THE SOUTH RIGHT-OF-WAY OF INTERSTATE 75 IN THE FOLLOWING SIX (6) DESCRIBED COURSES: 1. SOUTH 00°05'38" EAST 3079.08 FEET ALONG THE EAST LINE OF SAID THE PRESERVE AT THE SHORES AT BERKSHIRE LAKES AND BERKSHIRE PINES, PHASE ONE PLAT BOOK 29 PAGES 47-48 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TO THE SOUTH EAST CORNER OF SAID BERKSHIRE PINES, PHASE ONE AND THE RIGHT-OF-WAY OF RADIO ROAD. 2. SOUTH 87°45'02" WEST 2099.07 FEET ALONG THE SOUTH LINE OF SAID BERKSHIRE PINES, PHASE ONE AND THE SHORES AT BERKSHIRE LAKES, PHASE TWO-A PLAT BOOK 32 PAGES 60-61 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TO THE SOUTHWEST CORNER OF SAID SHORES AT BERKSHIRE LAKES, PHASE TWO- A AND THE NORTH RIGHT-OF-WAY OF RADIO ROAD. 3. SOUTH 89°52'59" WEST 99.92 FEET TO THE WEST SECTION LINE OF SAID SECTION 33. 4. SOUTH 00°07'01" EAST 78.11 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 33. 5. SOUTH 01°02'06" EAST 2795.38 FEET ALONG THE EAST LINE OF SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST TO THE EAST 1 4 CORNER OF SAID SECTION 5. 6. SOUTH 01°02'28" EAST 2790.77 ALONG THE EAST LINE OF SAID SECTION 5 TO THE SOUTHEAST CORNER OF SAID SECTION 5 AND BEING THE POINT OF BEGINNING. CONTAINING 2456.07 ACRES +/- CAO 17.I.a Packet Pg. 2503 Attachment: Proposed Radio Road MSTU Ordinance (27113 : Radio Road MSTU Ordinance Modification) SANTA BARBARA BOULEVARD (200' RIGHT-OF-WAY)SAINT CLAIR SHORESBRIARWOOD 100.00' N 89°39'05"E 2645.44'N 00°00'49"W 2583.13'N 00°18'08"E 50.05' N 00°18'08"W 50.00' N 00°39'22"W 2642.01'N 00°39'22"WWEST 1 4 CORNER OF SECTION 6 2617.69'N 00°47'30"E LIVINGSTON ROAD(100' RIGHT-OF-WAY) RADIO ROAD (RIGHT-OF-WAY VARIES) DAVIS BOULEVARD (RIGHT-OF-WAY VARIES)SOUTH 1 4 CORNER OF SECTION 6RICH KING MEMORIAL GREENWAY PROJECT FOXFIRE UNIT ONE MOON LAKE UNIT ONE OSPREY LANDINGCENTER OF SECTION 6 WEST 1 4 CORNER OF SECTION 31 SHORES AT BERKSHIRE LAKES BERKSHIRE LAKES COUNTRYSIDE AT BERKSHIRE LAKES GLEN EAGLE RADIO ROAD (RIGHT-OF-WAY VARIES)SANTA BARBARA BOULEVARD (200' RIGHT-OF-WAY) DAVIS BOULEVARD (RIGHT-OF-WAY VARIES)WHITTENBERG VILLASLAGO VILLAGGIOSECTION 5,T50S, R26E SOUTHEAST CORNER P.O.B. SOUTH 1 4 CORNER OF SECTION 5 3079.08'S 00°05'38"E 2790.77'S 01°02'28"E 2795.38'S 01°02'06"E 99.92' S89°52'59"W 78.11' S00°07'01"E EAST 1 4 CORNER SECTION 6 EAST-WEST 1 4 LINE OF SECTION 6 2736.54'N 00°39'34"W 2677.50'S 00°42'44"E 75.00' N 00°40'53"W 75.00' S 00°42'44"E 75.00' N 00°47'30"W 2533.95' N 89°39'05"E EAST 1 4 CORNER OF SECTION 5 1715.64' N 87°55'39"E 2099.07' S 87°45'02"W SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST SECTION 32, TOWNSHIP 49 SOUTH, RANGE 26 EAST SECTION 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST GOLDEN GATE CANAL 2633.32' N 89°28'07"E 2635.77' S 89°58'42"W 2643.90' S 88°39'32"W 2675.66' S 89°56'13"W 2656.39' S 89°54'10"W 1166.98' N 89°24'17"E C1 C2 INTERSTATE - 75 PLAT NORTH GENERAL NOTES: 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. BEARINGS ARE ASSUMED AND BASED ON THE SOUTHEAST 1 4 SECTION LINE OF SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST BEING SOUTH 89°54'10" WEST. 3. ABSTRACT NOT REVIEWED. 4. LEGEND P.O.B. = POINT OF BEGINNING THOMAS J. ANDERSON, P.S.M. FLORIDA SURVEYOR & MAPPER LS 5804 COLLIER COUNTY SURVEYOR SCALE: 1" = 1400' Transportation Management Services Department File No:Project No: 2885 South Horseshoe Drive, Naples Florida 34104 Phone: 239-252-8192 COLLIER COUNTY Road,Bridge & Stormwater Maintenance Division Date: 10-05-2023 23042 (2)RADIO ROAD MSTU PREPARED BY: THIS IS NOT A SURVEY EXHIBIT "A" PAGE __ OF __2 2 NORTH 1 4 CORNER OF SECTION 31 CAO 17.I.a Packet Pg. 2504 Attachment: Proposed Radio Road MSTU Ordinance (27113 : Radio Road MSTU Ordinance Modification) [23-ATM-00593/1817830/1] Page 1 of 3 Words stricken are deletions; Words underlined are additions ORDINANCE NO. 2023-____ 1 2 AN ORDINANCE AMENDING COLLIER COUNTY 3 ORDINANCE NO. 96-84, AS AMENDED, WHICH 4 ESTABLISHED THE RADIO ROAD BEAUTIFICATION 5 MUNICIPAL SERVICE TAXING UNIT (MSTU), 6 PROVIDING FOR AMENDMENT TO SECTION THREE 7 AND SECTION TWO TO AMEND THE BOUNDARIES OF 8 THE UNIT; PROVIDING FOR INCLUSION IN THE CODE 9 OF LAWS AND ORDINANCES; PROVIDING FOR 10 CONFLICT AND SEVERABILITY; AND PROVIDING FOR 11 AN EFFECTIVE DATE. 12 13 WHEREAS, on December 17, 1996, the Board of County Commissioners (“Board”) 14 adopted Ordinance No. 96-84, establishing the Radio Road Beautification Municipal Service 15 Taxing Unit (“MSTU”); and 16 17 WHEREAS, on October 21, 1997, the Board adopted Ordinance No. 97-52, creating the 18 Radio Road Beautification Advisory Committee (“MSTU Advisory Committee”); and 19 20 WHEREAS, on November 19, 2002, the Board adopted Ordinance No. 02-59, amending 21 the MSTU ordinance to expand its purpose to include maintaining medians and right-of-way 22 work on any adjoining public road within the MSTU’s boundaries; and 23 24 WHEREAS, on June 11, 2013, the Board adopted Ordinance No. 13-43, amending the 25 MSTU ordinance to allow for MSTU funds to be used to provide curbing, watering facilities, 26 plantings, and maintenance to the entrance of the Rich King Memorial Greenway, which is 27 entirely located within an FPL easement and not within MSTU medians or right-of-way, but is 28 within the boundaries of the MSTU; and 29 30 WHEREAS, on September 11, 2023, the MSTU Advisory Committee voted unanimously 31 to recommend the modification of the MSTU ordinance to amend the MSTU’s boundaries. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 34 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 35 36 SECTION ONE: AMENDMENT TO SECTION THREE, PURPOSE AND 37 GOVERNING BODY, OF ORDINANCE NO. 96-84, AS AMENDED. 38 39 Section Three of Ordinance No. 96-84, as amended, is amended to read as follows: 40 41 17.I.b Packet Pg. 2505 Attachment: Proposed Radio Road MSTU Ordinance (Line Numbered) (27113 : Radio Road MSTU Ordinance Modification) [23-ATM-00593/1817830/1] Page 2 of 3 Words stricken are deletions; Words underlined are additions SECTION THREE: PURPOSE AND GOVERNING BODY. 42 43 The MSTU is created for the purpose of providing curbing, watering facilities, plantings 44 and maintenance of the median areas for that portion of Radio Road lying between Airport-45 Pulling Road (County Road 31) Livingston Road and Santa Barbara Boulevard and for any 46 adjoining public road within the MSTU boundaries, and for the purpose of providing for 47 hardscape, watering facilities, plantings, and maintenance to the entrance to the Rich King 48 Memorial Greenway, as depicted in Exhibit “A,” attached [to Ord. No. 2013-43 on file with the 49 County], lying within the MSTU boundaries, which is open to the public and utilized for 50 recreational purposes. The governing body of the MSTU shall be the Board of County 51 Commissioners of Collier County, Florida. 52 53 SECTION TWO: AMENDMENT TO SECTION TWO, CREATION OF THE 54 MUNICIPAL SERVICE TAXING UNIT, OF ORDINANCE NO. 96-55 84, AS AMENDED. 56 57 Section Two of Ordinance No. 96-84, as amended, is amended to read as follows: 58 59 SECTION TWO: CREATION OF THE MUNICIPAL SERVICE TAXING UNIT. 60 61 There is hereby created and established the Radio Road Beautification Municipal Service Taxing 62 Unit, hereinafter referred to as “MSTU.” The boundaries of the MSTU are as follows: attached 63 hereto as Exhibit “A” and incorporated by reference herein. 64 65 The South ½ of the South ½ of the Southwest ¼; and the Southwest ¼ of the Southeast 66 ¼; and the West ½ of the Southeast ¼ of the Southeast ¼; and that portion of the East ½ 67 of the Southeast ¼ of the Southeast ¼ lying south of Market Avenue and east of 68 Commercial Boulevard, all within Section 36, Township 49 South, Range 25 East; and 69 70 All of Section 31, Township 49 South, Range 26 East; and 71 72 That portion of Section 32, Township 49 South, Range 26 East, lying south of and west 73 of Interstate Highway No. 75; and 74 75 The North ½ of the North ½ of the Northwest ¼; and the North ½ of the Northeast ¼ of 76 Section 1, Township 50 South, Range 25 East; and 77 78 Section 6, Township 50 South, Range 26 East, less the Southeast ¼ and 79 80 All of Section 5, Township 50 South, Range 26 east, all being located within Collier 81 County, Florida. 82 17.I.b Packet Pg. 2506 Attachment: Proposed Radio Road MSTU Ordinance (Line Numbered) (27113 : Radio Road MSTU Ordinance Modification) [23-ATM-00593/1817830/1] Page 3 of 3 Words stricken are deletions; Words underlined are additions SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. 83 84 The provisions of this Ordinance shall become and be made a part of the Code of Laws 85 and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or 86 re-lettered to accomplish such, and the word “ordinance” may be changed to “section,” or any 87 other appropriate word. 88 89 SECTION FOUR: CONFLICT AND SEVERABILITY. 90 91 In the event this Ordinance conflicts with any other Ordinance of Collier County or other 92 applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held 93 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed 94 as separate, distinct, and independent provision and such holding shall not affect the validity of 95 the remaining portion. 96 97 SECTION FIVE: EFFECTIVE DATE. 98 99 This Ordinance shall be effective upon filing with the Florida Department of State. 100 101 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 102 County, Florida, this 14th day of November 2023. 103 104 105 ATTEST: BOARD OF COUNTY COMMISSIONERS 106 CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA 107 108 By: _________________________ By: ________________________________ 109 , Deputy Clerk Rick LoCastro, Chairman 110 111 112 Approved as to form and legality: 113 114 ____________________________ 115 Derek D. Perry 116 Assistant County Attorney 117 118 119 Attachments: 120 Exhibit “A” – Legal Description 121 17.I.b Packet Pg. 2507 Attachment: Proposed Radio Road MSTU Ordinance (Line Numbered) (27113 : Radio Road MSTU Ordinance Modification) PLAT NORTH GENERAL NOTES: 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. BEARINGS ARE ASSUMED AND BASED ON THE SOUTHEAST 1 4 SECTION LINE OF SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST BEING SOUTH 89°54'10" WEST. 3. ABSTRACT NOT REVIEWED. 4. LEGEND P.O.B. = POINT OF BEGINNING THOMAS J. ANDERSON, P.S.M. FLORIDA SURVEYOR & MAPPER LS 5804 COLLIER COUNTY SURVEYOR SCALE: 1" = 200' Transportation Management Services Department File No:Project No: 2885 South Horseshoe Drive, Naples Florida 34104 Phone: 239-252-8192 COLLIER COUNTY Road,Bridge & Stormwater Maintenance Division Date: 10-05-2023 23042RADIO ROAD MSTU PREPARED BY: THIS IS NOT A SURVEY EXHIBIT "A" PAGE __ OF __1 2 SKETCH AND DESCRIPTION OF RADIO ROAD MSTU (MUNICIPAL SERVICE TAXING UNIT) A PARCEL OF LAND ALL IN SECTIONS 31,32 & 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND SECTIONS 5 & 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, ALL IN COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT POINT ACCORDING TO COUNTRYSIDE AT BERKSHIRE LAKES SECTION ONE PLAT BOOK 14 PAGES 50-52 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. POINT BEING THE SOUTHEAST CORNER OF SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, SAID POINT BEING THE POINT OF BEGINNING. THENCE ALONG THE SOUTH LINE OF SAID SECTION 5 IN THE FOLLOWING FIVE (2) DESCRIBED COURSES: 1. SOUTH 89°54'10" WEST 2656.39 FEET TO THE SOUTH 1 4 CORNER OF SAID SECTION 5. 2. SOUTH 89°56'13" WEST 2657.66 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 5. THENCE LEAVING THE SOUTH LINE OF SECTION 5 IN THE FOLLOWING TWO (2) DESCRIBED COURSES: 1. NORTH 00°40'53" WEST 75.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF DAVIS BOULEVARD ACCORDING LAGO VILLAGGIO PLAT BOOK 38 PAGE 11-14 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SAID POINT BEING ON THE WEST LINE OF SAID SECTION 5. 2. NORTH 00°39'34" WEST 2736.54 FEET ALONG THE WEST LINE OF SAID SECTION 5 TO A POINT. SAID POINT ALSO BEING THE EAST 1 4 CORNER OF SECTION 6 TOWNSHIP 50 SOUTH RANGE 26 EAST. THENCE LEAVING THE WEST LINE OF SAID SECTION 5 IN THE FOLLOWING FOUR (4) DESCRIBED COURSES: 1. SOUTH 88°39'32" WEST 2643.90 FEET TO A POINT ALONG EAST-WEST 1 4 LINE OF SAID SECTION 6. SAID POINT BEING THE CENTER OF SAID SECTION 6 ACCORDING TO MOON LAKE UNIT ONE PLAT BOOK 14 PAGES 103-106 RECORDED IN THE PUBLIC RECORDS OF COLLIER COLLIER COUNTY, FLORIDA. 2. SOUTH 00°42'44" EAST 2677.50 FEET ALONG THE NORTH-SOUTH 1 4 LINE OF SECTION 6 TO THE NORTH RIGHT-OF-WAY OF DAVIS BOULEVARD ACCORDING TO FOXFIRE UNIT ONE PLAT BOOK 13 PAGES 84-86 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 3. SOUTH 00°42'44" EAST 75.00 FEET TO THE SOUTH 1 4 CORNER OF SECTION 6 AND THE SOUTH LINE OF SECTION 6. 4. SOUTH 89°58'42" WEST 2635.77 FEET ALONG THE SOUTH LINE OF SAID SECTION 6 TO A POINT BEING THE SOUTHWEST CORNER OF SAID SECTION 6. THENCE LEAVING THE SOUTHWEST CORNER OF SAID SECTION 6 IN THE FOLLOWING FOUR (4) DESCRIBED COURSES: 1. NORTH 00°47'30" WEST 75.00 FEET ALONG THE WEST LINE OF SAID SECTION 6 TO THE NORTH RIGHT-OF-WAY OF DAVIS BOULEVARD AND THE SOUTHWEST CORNER OF SAID FOXFIRE UNIT ONE. 2. NORTH 00°47'30" WEST 2617.69 FEET ALONG THE WEST LINE OF SAID SECTION 6 AND THE WEST LINE OF SAID FOXFIRE UNIT ONE TO A POINT. SAID POINT IS THE WEST 1 4 CORNER OF SAID SECTION 6. 3. NORTH 00°39'22" WEST 2642.01 FEET ALONG THE WEST LINE OF SAID SECTION 6 TO THE SOUTH RIGHT-OF-WAY OF RADIO ROAD AND THE NORTHWEST CORNER OF SAID FOXFIRE UNIT ONE. 4. NORTH 00°39'22" WEST 50.00 FEET ALONG THE WEST LINE OF SAID SECTION 6 TO THE NORTHWEST CORNER OF SAID SECTION 6 AND THE THE SOUTHWEST CORNER OF SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST. THENCE LEAVING THE SOUTHWEST CORNER OF SAID SECTION 31 IN THE FOLLOWING THREE (3) DESCRIBED COURSES: 1. NORTH 00°18'08" WEST 50.05 FEET TO THE NORTH RIGHT-OF-WAY OF RADIO ROAD ALONG THE WEST LINE OF SAID SECTION 31 ACCORDING TO BRIARWOOD UNIT ONE PLAT BOOK 18 PAGES 40-42 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 2. NORTH 00°18'08" EAST 2583.13 FEET ALONG THE WEST SECTION LINE OF SAID SECTION 31 AND WEST RIGHT-OF-WAY OF LIVINGSTON ROAD TO THE WEST 1 4 CORNER OF SAID SECTION 31. 3. NORTH 00°00'49" WEST 2645.44 FEET ALONG THE WEST LINE SAID SECTION 31 AND THE WEST RIGHT-OF-WAY OF LIVINGSTON ROAD TO THE NORTHWEST CORNER OF SAID SECTION 31. THENCE LEAVING THE NORTHWEST CORNER AND THE WEST LINE OF SAID SECTION 31 IN THE FOLLOWING THREE (3) DESCRIBED COURSES: 1. NORTH 89°39'05" EAST 100.00 FEET ALONG THE NORTH LINE OF SAID SECTION 31 TO THE EAST RIGHT-OF-WAY OF LIVINGSTON ROAD AND THE NORTHWEST CORNER OF BRIARWOOD UNIT TEN PLAT BOOK 36 PAGES 39-40 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 2. NORTH 89°39'05" EAST 2533.95 FEET ALONG THE NORTH SECTION LINE OF SAID SECTION 31 AND THE NORTH LINES OF SAID BRIARWOOD UNIT TEN AND BRIARWOOD UNIT ELEVEN PLAT BOOK 43 PAGES 1-3 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TO THE NORTHWEST 1 4 CORNER OF SAID SECTION 31. 3. NORTH 89°28'07" EAST 2633.32 FEET ALONG THE NORTH LINE OF SAID SECTION 31 THE NORTHEAST SECTION CORNER OF SAID SECTION 31 AND THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 49 SOUTH, RANGE 26 EAST. THENCE LEAVING THE NORTHWEST CORNER OF SAID SECTION 32 IN THE FOLLOWING FOUR (4) DESCRIBED COURSES: 1. NORTH 89°24'17" EAST 1166.98 FEET ALONG THE NORTH LINE OF SAID SECTION 32 AND THE NORTH LINE OF BERKSHIRE LAKES ACCORDING TO BERKSHIRE LAKES - UNIT # 4 PLAT BOOK 16 PAGES 6-8 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TO A POINT ON THE RIGHT-OF WAY OF INTERSTATE 75. 2. 4660.73 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 5891.58 FEET THROUGH A CENTRAL ANGLE OF 45°19'33" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 64°43'05" EAST 4540.15 FEET ALONG THE SOUTH RIGHT-OF-WAY OF INTERSTATE 75 ACCORDING FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP 03513-2601 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TO A POINT ON THE WEST SECTION LINE OF SECTION 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST. 3. 483.22 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 5891.58 FEET THROUGH A CENTRAL ANGLE OF 04°41'58" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 89°43'50" EAST 483.09 FEET ALONG THE SAID SOUTH RIGHT-OF-WAY OF INTERSTATE 75 TO A POINT OF TANGENCY OF THE NORTH LINE ACCORDING TO SHORES AT BERKSHIRE LAKES, PHASE TWO-B PLAT BOOK 34 PAGE 10-15 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 4. NORTH 87°55'39" 1715.64 FEET ALONG SAID SHORES AT BERKSHIRE LAKES AND INTERSTATE 75 TO THE NORTHEAST CORNER OF THE PRESERVE AT THE SHORES AT BERKSHIRE LAKES PLAT BOOK 30 PAGES 96-98 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE LEAVING THE SOUTH RIGHT-OF-WAY OF INTERSTATE 75 IN THE FOLLOWING SIX (6) DESCRIBED COURSES: 1. SOUTH 00°05'38" EAST 3079.08 FEET ALONG THE EAST LINE OF SAID THE PRESERVE AT THE SHORES AT BERKSHIRE LAKES AND BERKSHIRE PINES, PHASE ONE PLAT BOOK 29 PAGES 47-48 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TO THE SOUTH EAST CORNER OF SAID BERKSHIRE PINES, PHASE ONE AND THE RIGHT-OF-WAY OF RADIO ROAD. 2. SOUTH 87°45'02" WEST 2099.07 FEET ALONG THE SOUTH LINE OF SAID BERKSHIRE PINES, PHASE ONE AND THE SHORES AT BERKSHIRE LAKES, PHASE TWO-A PLAT BOOK 32 PAGES 60-61 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TO THE SOUTHWEST CORNER OF SAID SHORES AT BERKSHIRE LAKES, PHASE TWO- A AND THE NORTH RIGHT-OF-WAY OF RADIO ROAD. 3. SOUTH 89°52'59" WEST 99.92 FEET TO THE WEST SECTION LINE OF SAID SECTION 33. 4. SOUTH 00°07'01" EAST 78.11 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 33. 5. SOUTH 01°02'06" EAST 2795.38 FEET ALONG THE EAST LINE OF SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST TO THE EAST 1 4 CORNER OF SAID SECTION 5. 6. SOUTH 01°02'28" EAST 2790.77 ALONG THE EAST LINE OF SAID SECTION 5 TO THE SOUTHEAST CORNER OF SAID SECTION 5 AND BEING THE POINT OF BEGINNING. CONTAINING 2456.07 ACRES +/- CAO 17.I.b Packet Pg. 2508 Attachment: Proposed Radio Road MSTU Ordinance (Line Numbered) (27113 : Radio Road MSTU Ordinance Modification) SANTA BARBARA BOULEVARD (200' RIGHT-OF-WAY)SAINT CLAIR SHORESBRIARWOOD 100.00' N 89°39'05"E 2645.44'N 00°00'49"W 2583.13'N 00°18'08"E 50.05' N 00°18'08"W 50.00' N 00°39'22"W 2642.01'N 00°39'22"WWEST 1 4 CORNER OF SECTION 6 2617.69'N 00°47'30"E LIVINGSTON ROAD(100' RIGHT-OF-WAY) RADIO ROAD (RIGHT-OF-WAY VARIES) DAVIS BOULEVARD (RIGHT-OF-WAY VARIES)SOUTH 1 4 CORNER OF SECTION 6RICH KING MEMORIAL GREENWAY PROJECT FOXFIRE UNIT ONE MOON LAKE UNIT ONE OSPREY LANDINGCENTER OF SECTION 6 WEST 1 4 CORNER OF SECTION 31 SHORES AT BERKSHIRE LAKES BERKSHIRE LAKES COUNTRYSIDE AT BERKSHIRE LAKES GLEN EAGLE RADIO ROAD (RIGHT-OF-WAY VARIES)SANTA BARBARA BOULEVARD (200' RIGHT-OF-WAY) DAVIS BOULEVARD (RIGHT-OF-WAY VARIES)WHITTENBERG VILLASLAGO VILLAGGIOSECTION 5,T50S, R26E SOUTHEAST CORNER P.O.B. SOUTH 1 4 CORNER OF SECTION 5 3079.08'S 00°05'38"E 2790.77'S 01°02'28"E 2795.38'S 01°02'06"E 99.92' S89°52'59"W 78.11' S00°07'01"E EAST 1 4 CORNER SECTION 6 EAST-WEST 1 4 LINE OF SECTION 6 2736.54'N 00°39'34"W 2677.50'S 00°42'44"E 75.00' N 00°40'53"W 75.00' S 00°42'44"E 75.00' N 00°47'30"W 2533.95' N 89°39'05"E EAST 1 4 CORNER OF SECTION 5 1715.64' N 87°55'39"E 2099.07' S 87°45'02"W SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST SECTION 32, TOWNSHIP 49 SOUTH, RANGE 26 EAST SECTION 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST GOLDEN GATE CANAL 2633.32' N 89°28'07"E 2635.77' S 89°58'42"W 2643.90' S 88°39'32"W 2675.66' S 89°56'13"W 2656.39' S 89°54'10"W 1166.98' N 89°24'17"E C1 C2 INTERSTATE - 75 PLAT NORTH GENERAL NOTES: 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. BEARINGS ARE ASSUMED AND BASED ON THE SOUTHEAST 1 4 SECTION LINE OF SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST BEING SOUTH 89°54'10" WEST. 3. ABSTRACT NOT REVIEWED. 4. LEGEND P.O.B. = POINT OF BEGINNING THOMAS J. ANDERSON, P.S.M. FLORIDA SURVEYOR & MAPPER LS 5804 COLLIER COUNTY SURVEYOR SCALE: 1" = 1400' Transportation Management Services Department File No:Project No: 2885 South Horseshoe Drive, Naples Florida 34104 Phone: 239-252-8192 COLLIER COUNTY Road,Bridge & Stormwater Maintenance Division Date: 10-05-2023 23042 (2)RADIO ROAD MSTU PREPARED BY: THIS IS NOT A SURVEY EXHIBIT "A" PAGE __ OF __2 2 NORTH 1 4 CORNER OF SECTION 31 CAO 17.I.b Packet Pg. 2509 Attachment: Proposed Radio Road MSTU Ordinance (Line Numbered) (27113 : Radio Road MSTU Ordinance Modification) FILED #43 LINTY. FLORIDA ORDINANCE NO. 2013- 4 3 20 13 JUN 21e AM I IQ RDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. CLERK OF COUR84, AS AMENDED BY ORDINANCE NO. 02-59, WHICH CREATED THE RADIO ROAD BEAUTIFICATION MUNICIPAL SERVICE BY. TAXING UNIT; PROVIDING FOR AMENDMENT TO SECTION THREE TO EXPAND THE PURPOSE TO INCLUDE THE COST FOR CURBING, WATERING FACILITIES, PLANTINGS AND MAINTENANCE OF THE NORTH ENTRANCE OF THE RICH KING MEMORIAL GREENWAY, WHICH IS LOCATED ALONG RADIO ROAD WITHIN THE BOUNDARIES OF THE UNIT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 17, 1996, the Board of County Commissioners adopted r Ordinance No. 96-84 which created the Radio Road Beautification Municipal Sre1ice 'axing Unit("MSTU"); and WHEREAS, on November 19, 2002, the Board of County Commissioners vested To include the cost of maintenance of the medians of all adjoining public row. `within t, i boundaries of the MSTU; and 1 WHEREAS, on January 28, 2011 the Rich King Memorial Greenways formally opened to the public providing a 12-foot wide asphalt path within the Florida Power and Light easement corridor for walkers,joggers, cyclists and in-line skaters; and WHEREAS, on March 19, 2012, the Radio Road Beautification MSTU voted unanimously to put aside MSTU funds for the beautification to the entrance of the Rich King Memorial Greenway; and WHEREAS, the Board of County Commissioners desires to amend the ordinance to allow for MSTU funds to be used to provide curbing, watering facilities, plantings and maintenance to the entrance of the Rich King Memorial Greenway, which is entirely located within an FPL easement and not within the medians or right-of-way of Radio Road, but is within the boundaries of the MSTU. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 1996-84, AS AMENDED BY ORDINANCE NO. 02-59. Section Three is amended to read as follows: 1 17.I.c Packet Pg. 2510 Attachment: Radio Road Ordinance 2013-43 (27113 : Radio Road MSTU Ordinance Modification) SECTION THREE: PURPOSE AND GOVERNING BODY. The MSTU is created for the purpose of providing curbing, watering facilities, plantings and maintenance of the median areas for that portion of Radio Road lying between Airport- Pulling Road (County Road 31) and Santa Barbara Boulevard and for any adjoining public road within the MSTU boundaries—, and for the purpose of providing for hardscape, watering facilities, plantings and maintenance to the entrance to the Rich King Memorial Greenwav, as depicted in Exhibit "A," attached hereto, lying within the MSTU boundaries, which is open to the public and utilized for recreational purposes. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SECTION TWO: 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 Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. PASSED AND DULY ADOPT1 D by the Board of County Commissioners of Collier County, Florida, this.I +4 day of J U n ei 2013. ATTEST.` a• BOA' 1 OUN 'Y COMMISSIONERS DWI Ft3 E„,BRCICIC4 CL RI( COLL ' T , FLORIDA 4,s By t,; = ie , 'Clerk 17 filler, Esq., Chairwoman S j 111.,;'?ti t'i' '. Approved as to orm and legal sufficiency: This ordinance filed with the Secretary of Sta e's Ole the It...IiA ' • J1 /lay of _, 4 t r., ? and acknowledgement of that mily R. Pe u in,Assista' t County Attorney filing received this 24Th day of -i a 2 gy A. 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BROCK, 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 2013-43 which was adopted by the Board of County Commissioners on the 11th day of June, 2013 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of June, 2013 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners : @ y: Teresa Cannon Deputy Clerk 17.I.c Packet Pg. 2513 Attachment: Radio Road Ordinance 2013-43 (27113 : Radio Road MSTU Ordinance Modification) 17.I.d Packet Pg. 2514 Attachment: Radio Road Ordinance 2002-59 (27113 : Radio Road MSTU Ordinance Modification) 17.I.d Packet Pg. 2515 Attachment: Radio Road Ordinance 2002-59 (27113 : Radio Road MSTU Ordinance Modification) 17.I.d Packet Pg. 2516 Attachment: Radio Road Ordinance 2002-59 (27113 : Radio Road MSTU Ordinance Modification) 17.I.d Packet Pg. 2517 Attachment: Radio Road Ordinance 2002-59 (27113 : Radio Road MSTU Ordinance Modification) 17.I.d Packet Pg. 2518 Attachment: Radio Road Ordinance 2002-59 (27113 : Radio Road MSTU Ordinance Modification) 17.I.e Packet Pg. 2519 Attachment: Radio road Ordinance 97-52 (27113 : Radio Road MSTU Ordinance Modification) 17.I.e Packet Pg. 2520 Attachment: Radio road Ordinance 97-52 (27113 : Radio Road MSTU Ordinance Modification) 17.I.e Packet Pg. 2521 Attachment: Radio road Ordinance 97-52 (27113 : Radio Road MSTU Ordinance Modification) 17.I.e Packet Pg. 2522 Attachment: Radio road Ordinance 97-52 (27113 : Radio Road MSTU Ordinance Modification) 17.I.e Packet Pg. 2523 Attachment: Radio road Ordinance 97-52 (27113 : Radio Road MSTU Ordinance Modification) 17.I.e Packet Pg. 2524 Attachment: Radio road Ordinance 97-52 (27113 : Radio Road MSTU Ordinance Modification) 17.I.e Packet Pg. 2525 Attachment: Radio road Ordinance 97-52 (27113 : Radio Road MSTU Ordinance Modification) 17.I.f Packet Pg. 2526 Attachment: Radio Road Ordinance 96-84 (27113 : Radio Road MSTU Ordinance Modification) 17.I.f Packet Pg. 2527 Attachment: Radio Road Ordinance 96-84 (27113 : Radio Road MSTU Ordinance Modification) 17.I.f Packet Pg. 2528 Attachment: Radio Road Ordinance 96-84 (27113 : Radio Road MSTU Ordinance Modification) 17.I.f Packet Pg. 2529 Attachment: Radio Road Ordinance 96-84 (27113 : Radio Road MSTU Ordinance Modification) 17.I.f Packet Pg. 2530 Attachment: Radio Road Ordinance 96-84 (27113 : Radio Road MSTU Ordinance Modification) 17.I.g Packet Pg. 2531 Attachment: legal ad - Radio Rd MSTU amend boundaries (27113 : Radio Road MSTU Ordinance Modification)