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Ordinance 2008-33 ORDINANCE NO. 200S---=-=- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2006-60, WHICH CREATED THE HALDEMAN CREEK MAINTENANCE DREDGING MUNICIPAL SERVICE TAXING UNIT IN COLLIER COUNTY, FLORIDA. PROVIDING FOR THE EXPANSION OF THE UNIT BOUNDARIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners, on December 12, 2006, adopted Collier County Ordinance No. 2006-60, creating the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit (the "MSTU") for the purpose of addressing dredging needs within the unit; and WHEREAS, the Board of County Commissioners desires to expand the boundaries of the MSTU. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO COLLIER COUNTY ORDINANCE NO. 2006-60, TO EXPAND BOUNDARIES Exhibit "A" of Section Two of Collier County Ordinance No. 2006-60 is hereby amended to increase the geographic boundary of the MSTU: See attached amended Exhibit "A" which is incorporated herein by reference. 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 this Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. "~ j , 0.'.--''''''' :0 C) 'cJ SECTION THREE: CONFLICT AND SEVERABILITY f~;" ',"n In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. I Words Underlined are added; Words 8tn1ek Tllrel:lgh are deleted. SECTION FOUR: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this J./.fT), dayofJ"v,ll/€, ,2008. .,."\..;..:l. A.T'J;:ESt: :. "'0 P'WIq~~~. ~OGK, CLERK i&iJ'. . ~~' =. - . I ~ \'\ ~. . to- ~i\.~e 11on_turt on1. .' BOARD OF COUNTY COMMISSIONERS OF COLLWRZY~ By: ___ . TOM G, HAIRMAN Approved as to form and legal sufficiency: gx6oAck/ t U Assistant County Attorney h:HF A \Ord\AmendHaldemanCreekMSTU This ordinance filed with the Secretary of Stelte's Of~~\r :50 day of Jy~-, . . docknowiedgement ot 1t"!O\ on .. ~ dc'" filing received 'hiS {; ... of ...Jvl , oJ' By Deputy C 1<. 2 Words Underlined are added; Words Simek Throl:lgR are deleted. Amended Exhibit "A" The Haldeman Creek Dredl!inl! Municipal Service Taxinl! Unit LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTIONS 11,12,13 & 14, TOWNSHIP 50S, RANGE 25E, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, BEING THE NORTH EAST CORNER OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST; WHICH IS ALSO THE NORTH EAST CORNER OF LOT 118 OF THE NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS NO.2 AS RECORDED IN PLAT BOOK 1, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE S.89'22'57"E. FOR 333.43 FEET; TO A POINT ON THE WEST LINE OF TRACT B, COURTHOUSE SHADOWS AS RECORDED IN PLAT BOOK 29, PAGE 41 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND CONTINUING ALONG THE SAID PLATLlNES FOR THE NEXT (8) CALLS, (1) THENCE N.00'23'57"E. FOR 11.05 FEET; (2) THENCE N.51 '36'02"E. FOR 309.05 FEET; (3) THENCE N64'13'11"E. FOR 80.05 FEET; (4) THENCE S.51'36'02"W. FOR 5.00 FEET; (5) THENCE S.38'23'58"E. FOR 404.47 FEET; (6) THENCE N.51 '36'02"E. FOR 98.00 FEET; TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF U.S. 41, (7) THENCE ALONG SAID RIGHT-OF-WAY, S.38'23'58"E. FOR 128.47 FEET; TO A POINT LYING ON THE NORTH SIDE OF A DRAINAGE EASEMENT DESCRIBED IN DEED BOOK 28, PAGE 193 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (8) THENCE CONTINUING ALONG SAID RIGHT-OF-WAY OF U.S. 41, S.38'23'36"E. FOR 190.55 FEET; TO A POINT LYING ON THE SOUTH SIDE OF A DRAINAGE EASEMENT DESCRIBED IN DEED BOOK 28, PAGE 193 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE CONTINUING ALONG SAID RIGHT-OF-WAY OF U.S. 41, S.38'23'36"E. FOR 59.24 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, S.50'49'31"W. FOR 131.60 FEET; THENCE N.89'35'01"W. FOR 353.34 FEET; THENCE S.00'OO'20"E. FOR 60.00 FEET; THENCE N.89'41'20"W. FOR 420.00 FEET; THENCE N87'26'59"W. FOR 22.00 FEET; THENCE N.89'56'20"W. FOR 135.00 FEET; TO A POINT ON THE EAST RIGHT-OF-WAY OF DOMINION DRIVE, THENCE N.00'03'40"E FOR 128.12 FEET; THENCE S.89'36'10"W. FOR 59.99 FEET; TO A POINT ON THE WEST RIGHT-OF-WAY OF DOMINION DRIVE, THENCE ALONG SAID RIGHT-OF-WAY, S.00'03'40"W. FOR 474.69 FEET; THENCE S.89'52'50"W. FOR 294.56 FEET; ALONG THE NORTH RIGHT-OF-WAY OF ARECA AVE. AS DESCRIBED IN SUBDIVISION OF BLOCK F, SABAL SHORES AS RECORDED IN PLAT BOOK 4, PAGE 40 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S.89'52'50"W. FOR 350.00 FEET; THENCE N.OO'OO'OO"E. FOR 351.01 FEET; TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 41.90 FEET, ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 39.83 FEET, THROUGH A CENTRAL ANGLE OF 60'16'34" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.29'55'35"E. FOR 40.00 FEET, TO ; TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 42.08 FEET, ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 40.17 FEET, THROUGH A CENTRAL ANGLE OF 60'01 '13" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.29'55'35"E. FOR 40.18 FEET, TO ; THENCE S.89'52'50"W. FOR 100.00 FEET; THENCE S.OO'OO'OO"E. FOR 89.89 FEET; THENCE S.89'51'30"W. FOR 700.00 FEET; TO A POINT ON THE EASTERLY RIGHT-OF- WAY OF BAYSHORE DRIVE, 3 Words Underlined are added; Words Stmek TIIr-el:lgh are deleted. THENCE CONTINUE S.89'51'30"W. FOR 100.00 FEET; TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF BAYSHORE DRIVE, THENCE ALONG SAID RIGHT-OF-WAY, S.OO'OO'OO"E. FOR 469.63 FEET; TO A POINT OF CURVATURE; THENCE LEAVING SAID RIGHT-OF-WAY, SOUTHWESTERLY 39.20 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89'50'27" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.44'55'13"W. FOR 35.31 FEET, TO A POINT ON THE NORTH RIGHT-OF-WAY OF LAKEVIEW DRIVE AS SHOWN IN GULF SHORES SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ; THENCE S.89'50'27"W. FOR 1,215.98 FEET; THENCE S.55'35'14"W. FOR 60.57 FEET; THENCE S.89'35'14"W. FOR 325.71 FEET; TO A POINT LYING ON THE EAST BOUNDARY OF TRACT B, OF WINDSTAR SUBDIVISION AS RECORDED IN PLAT BOOK 14, PAGES 12- 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND CONTINUING ALONG SAID PLATLlNE FOR THE NEXT (3) CALLS; (1) THENCE N.00'13'07"W FOR 132.86 FEET; (2) THENCE S.89'35'11 "E. FOR 30.47 FEET; (3) THENCE N.00'13'07"W. FOR 1 ,335.47 FEET; THENCE LEAVING SAID PLATLlNE, S.82'OO'10"W. FOR 156.35 FEET; ALONG THE EASTERLY LINE OF A PARCEL OF LAND AS DESCRIBED IN OR BOOK 2754, PAGE 2850 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOR THE NEXT (42) CALLS, (1) THENCE S.76'41'21"W. FOR 164.00 FEET; (2) THENCE S.22'49'49"W. FOR 61.06 FEET; (3) THENCE S.50'27'04"W FOR 101.55 FEET; (4) THENCE S.58'51'50"W. FOR 56.28 FEET; (5) THENCE N.84'40'34"W. FOR 72.34 FEET; (6) THENCE S.76'07'47"W. FOR 113.00 FEET; (7) THENCE S.54'05'36"W. FOR 90.85 FEET; (8) THENCE S.25'09'38"W. FOR 25.65 FEET; (9) THENCE S.17'03'56"W. FOR 23.41 FEET; (10) THENCE S.11 '01'23"E. FOR 55.54 FEET; (11) THENCE S.04'20'38"W. FOR 94.75 FEET; (12) THENCE S.32'14'25"W. FOR 159.05 FEET; (13) THENCE S.07'38'14"E. FOR 34.43 FEET; (14) THENCE S.35'32'27"E. FOR 94.54 FEET; (15) THENCE S.03'16'57"W. FOR 292.24 FEET; (16) THENCE S.42'37'09"W. FOR 111.02 FEET; (17) THENCE S.20'33'59"W. FOR 99.26 FEET; (18) THENCE S.21 '22'23"W. FOR 71.83 FEET; (19) THENCE S.52'12'31"W. FOR 408.66 FEET; (20) THENCE S.62'28'18"W. FOR 230.33 FEET; (21) THENCE S.30'40'44"W FOR 192.53 FEET; (22) THENCE S.17'19'34"W. FOR 219.43 FEET; (23) THENCE S.44'20'44"W. FOR 94.89 FEET; (24) THENCE S.58'45'28''W FOR 215.33 FEET; (25) THENCE S.05'21'48"W. FOR 42.63 FEET; (26) THENCE S.06'59'10"W. FOR 376.44 FEET; (27) THENCE S.52'38'49"W. FOR 245.54 FEET; (28) THENCE S.87'24'12"W. FOR 105.57 FEET; (29) THENCE S.50'11 'OO"W. FOR 11.53 FEET; (30) THENCE S.11'39'26"E. FOR 79.74 FEET; (31) THENCE N.67'33'55"E. FOR 13.98 FEET; (32) THENCE S.21 '04'35"E. FOR 1 04.77 FEET; (33) THENCE S.70'16'20"E. FOR 48.32 FEET; (34) THENCE N.79'53'45"E. FOR 98.25 FEET; (35) THENCE N.59'11'08"E. FOR 124.42 FEET; (36) THENCE S.59'51 '49"E. FOR 22.11 FEET; (37) THENCE S.06'34'37"W. FOR 208.89 FEET; (38) THENCE S.61'36'29"W. FOR 112.07 FEET; (39) THENCE S.89'30'13"W. FOR 119.20 FEET; (40) THENCE S.51'13'33"W. FOR 86.86 FEET; (41) THENCE S.35'33'53"W. FOR 84.64 FEET; (42) THENCE S.43'47'56"W. FOR 135.55 FEET; TO A POINT ON THE WEST LINE OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, ALSO BEIN THE WEST LINE OF TRACT B OF WINDSTAR SUBDIVISION AS RECORDED IN PLAT BOOK 14, PAGES 12-15 4 Words Underlined are added; Words Streek Tflrel:lgft are deleted. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N.OO'12'53"W. FOR 203.32 FEET; THENCE N.00'09'12"W. FOR 643.41 FEET; THENCE CONTINUE N.00'09'12"W. FOR 1,391.07 FEET; THENCE LEAVING SAID SECTION LINE AND WESTERLY LINE OF SAID TRACT B, N.14'45'47"E. FOR 199.17 FEET; THENCE N.00'06'21"E FOR 427.72 FEET; TO THE NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN OR BOOK 3001, PAGE 2697 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N.00'43'42"W. FOR 1,295.38 FEET; TO A POINT ON THE SOUTH RIGHT-OF-WAY OF MARLIN DRIVE, THENCE ALONG SAID RIGHT-OF-WAY, N.89'31'33"E. FOR 1,305.55 FEET; TO A POINT ON THE EAST RIGHT-OF-WAY OF PALM STREET THE POINT ALSO BEING ON THE WEST LINE OF NAPLES LAND YACHT HARBOR, A PARCEL OF LAND DESCRIBED IN OR BOOK 714, PAGE 1710 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE ALONG SAID WEST BOUNDARY LINE, N.00'38'25"W. FOR 1,374.49 FEET; TO THE NORTHWEST CORNER OF SAID NAPLES LAND YACHT HARBOR, THENCE ALONG SAID NORTH BOUNDARY LINE, N.89'33'52"E. FOR 1 ,247.66 FEET; TO THE NORTHEAST CORNER OF SAID NAPLES LAND YACHT HARBOR. THENCE ALONG THE EAST LINE OF NAPLES LAND YACHT HARBOR, S.00'33'08"E. FOR 616.83 FEET; THENCE S.89'32'43"W. FOR 623.36 FEET; THENCE S.00'35'47"E. FOR 166.00 FEET; THENCE LEAVING THE BOUNDARY OF NAPLES LAND YACHT HARBOR, N.89032'43"E. FOR 150.81 FEET; THENCE S.00'35'07"E. FOR 100.00 FEET; THENCE N.89'19'24"E. FOR 159.27 FEET; TO THE WEST RIGHT-OF-WAY LINE OF ARBUTUS DRIVE, THENCE S.00'35'47"E. FOR 992.99783.37 FEET; THENCE 8.77'62'26"W. FOR 266.21 FEET; THENCE N.09':36'H"\,\,. FOR 991.09 FEET; THENCE S.89'21'1 :3"W. FOR 20.00 FEET; THENCE n09':36'17"W. FOR 60.013 FEET; THENCE 8.89':32'11'''lV. FOR 10.00 FEET; TO ^ POINT mJ THE E/'.ST L1~IE OF ~J/'.PLE8 L^.ND Y /'.CHT HARBOR /'. P/\RCEL OF L/'.~JD DESCRIBED I~J OR BOOK 711, P.'\GE 1710 OF THE PUBLIC RECORDS OF COLLIER COUmy, FlORID/'.. THENCE S.00':3e'17"E. FOR 1 ,086.139 FEET; THENCE N.77'e2'26"E. FOR 68U2 FEET; THENCE N.OO'OO'12"E. FOR 1:31.01 FEET; THENCE N.89'20'03"E. FOR 340.51 FEET: THENCE S.00'40'49"E. FOR 37.20 FEET: THENCE N.89'25'10"E. FOR 19.80 FEET: THENCE N.00'01'54"E. FOR 1.52 FEET;TO A POINT BEING THE NORTHWEST CORNER OF LOT 37, DE MERE LANDING SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. A POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF BECCA AVENUE, THENCE S.89'59'03"E. FOR 297.97 FEET; ALONG SAID RIGHT-OF-WAY LINE, THENCE LEAVING SAID RIGHT-OF-WAY, S.00'06'52"E. FOR 252.07 FEET; THENCE N89'53'08"E. FOR 60.00 FEET; THENCE N.00'06'52"W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BECCA AVENUE, THENCE ALONG SAID RIGHT-OF-WAY, S.89'59'03"E. FOR 270.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, S.00'06'52"E. FOR 252.D7 FEET; THENCE N.89'53'08"E. FOR 60.00 FEET; THENCE N.00'06'52"W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BECCA AVENUE, THENCE ALONG SAID RIGHT-OF-WAY, S.89'59'03"E. FOR 270.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, S.00'06'52"E. FOR 252.07 FEET; THENCE N.89'53'08"E. FOR 60.00 FEET; THENCE N.00006'52''W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BECCA AVENUE, THENCE ALONG SAID RIGHT-OF-WAY, S.89'59'03"E. FOR 270.00 FEET; TO A POINT ALSO ON THE WEST RIGHT-OF-WAY OF BAYSHORE DRIVE, THENCE S.37'24'59"E. FOR 165.01 FEET; TO A POINT ON THE EAST RIGHT-OF-WAY OF BAYSHORE DRIVE. ALSO BEING THE NORTHWEST CORNER OF LOT 121 OF NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS No.2, AS RECORDED IN PLAT BOOK 1, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 5 Words Underlined are added; Words Stmek Threl:lgil are deleted. THENCE N.89'53'08"E. FOR 193.85 FEET; TO A POINT ON THE WEST LINE OF A PARCEL OF LAND DESCRIBED IN OR BOOK 2983, PAGE 379 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND WILL CONTINUE TO RUN ALONG SAID BOUNDARY FOR THE NEXT (19) CALLS, (1) THENCE N.00'06'52"W. FOR 799.75 FEET; (2) THENCE N.89'57'01"E. FOR 44.86 FEET; (3) THENCE N.00'06'20"W. FOR 10.38 FEET; (4) THENCE S.64'07'22"E. FOR 45.88 FEET; (5) THENCE N.38'09'22"E. FOR 205.26 FEET; TO THE WESTERLY RIGHT-OF-WAY OF U.S.41, (6) THENCE ALONG SAID RIGHT-OF-WAY, S.51 '50'39"E. FOR 115.49 FEET; (7) THENCE LEAVING SAID RIGHT-OF-WAY, S.38'09'32"W. FOR 190.01 FEET; (8) THENCE S.51'50'42"E. FOR 89.71 FEET; (9) THENCE S.00'53'09"E. FOR 220.16 FEET; (10) THENCE N.88'53'51"E. FOR 147.79 FEET; (11) THENCE N.01'06'06"W. FOR 100.00 FEET; (12) THENCE S.51'50'11"E. FOR 10.78 FEET; (13) THENCE N.01'06'09"W. FOR 245.43 FEET; TO THE WESTERLY RIGHT- OF-WAY OF U.S.41, (14) THENCE ALONG SAID RIGHT-OF-WAY, S.51'50'34"E. FOR 15.05 FEET; (15) THENCE LEAVING SAID RIGHT-OF-WAY, S.00'42'52"E. FOR 653.02 FEET; (16) THENCE S.89'58'17"W. FOR 4.98 FEET; (17) THENCE S.00'42'52"E. FOR 29122 FEET; (18) THENCE N.89'55'57"W. FOR 9.98 FEET; (19) THENCE S.00'42'55"E. FOR 672.72 FEET; THENCE N.89'49'00"E. FOR 145.13 FEET; THENCE S.00'19'20"E. FOR 30.00 FEET; THENCE N.89'49'00"E. FOR 450.63 FEET; THENCE N.00'19'20"W. FOR 30.00 FEET; THENCE N.89'49'00"E. FOR 77.13 FEET; TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 11.822.89011,878,891 SQUARE FEET OR 271.416 ~ ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE CENTERLINE OF GULFVIEW DRIVE, WHICH LIES IN THE GULF SHORES SUBDIVISION, PLAT BOOK 4, PAGE 50 AS BEEING EAST. 6 Words Underlined are added; Words Stnlek TlInll:lgft are deleted. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2008-33 Which was adopted by the Board of County Commissioners on the 24th day of June, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of June, 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to B8~:Il"dl(JOf , ,-r,..:.'........ l7.e.l' County Commls,j;;l.bners "'" ."':1 //rk- - By: Martha Deputy .;:':?j; ~~ ;, ,~