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Ordinance 2009-44 (Corrected) CHARLIE CRIST Govemor April 8, 2010 ",(~;Lt: r-./ ,"" .'.p \ ~ '~, ~'i. ....-\~. ~.:\ . _ ',~.' #".;. .~ , .," ... ", ". "',t' " ... ~LORIDA DEPARTMENT of STAT~ STATE LIBRARY AND ARCHNES OF FLORIDA KURT S. BROWNING Secretary of State Honorable Dwight E. Brock ,-, r',.) .:::J Clerk of the Circuit Court -< ';:::) i , :-> Collier County I ,. " :;.1 :::0 ~ Post Office Box 413044 I ~, (::) W Naples, Florida 34101-3044 "1 i I . , ~ Attention: Ms. Anne Jennejohn, Deputy Clerk I .. r:-? j ( 0 -. ..r.: Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated April 5, 2010 and corrected certified copy of Collier County Ordinance No. 2009-44, which was received in this office on April 6, 2010. As requested, one date stamped copy is being returned for your records. Sincerely, lli~~ Program Administrator LC/srd Enclosure DIRECTOR'S OFFICE R.A. Gray Building . 500 South Bronough Street . Tallahassee, Florida 32399-0250 850.245.6600 . FAX: 850.245.6735 . TOO: 850.922.4085 . http://dlll.dol.State.O.UI COMMUNITY DEVEWPMENT 850.245.6600 . FAX: 850.245.6643 STATE LIBRARY OF FLORIDA 850.245.6600 . FAX: 850.245.6744 STATE ARCHIVES OF FLORIDA 850.245.6700 . FAX: 850.488.4894 LEGISLATIVE LIBRARY SERVICE 850.488.2812 . FAX: 850.488.9879 RECORDS MANAGEMENT SERVICES 850.245.6750 . FAX: 850.245.6795 ADMINISTRA rIVE CODE AND WEEKLY 850.245.6270 . FAX: 850.245.6282 Office of the County Attorney Jeffrey A. Klatzkow , Deputy County Attorney' Scott R. Teach Section Chiefs. Heidi F. Ashton-Cicko' Jacqueline W. Hubbard' ..... c_ C'Y. c""~.,., l"'" Gowm_ law Assistant County Attorneys' Colleen M, Greene Jennifer B. White Steven T, Williams Jeff E. Wright Robert N. Zachary March 31, 2010 Via Hand Delivery -tc~ r-> :C"'p. "'" I-r "'" ~:r.~- ".. '"TI po- " ::c::: :::0 ,- J>..,. I ,,- Ulr:F, , (j)-.... <:1\ I /"1' rn /"1- " . c~ ::s: -." ~f~ 0 '(j' - Q '. .. ::0-' U1 -~ om w J> Ms. Patricia Morgan, BMR Manager Collier County Clerk of Courts - Minutes and Records 3301 Tamiami Trail East, 4th Floor Naples, Florida 34112 Re: Correction to Validation of Ordinance No. 2009-44 Dear Ms. Morgan: I am writing to request your assistance in seeking a correction to the above-referenced Ordinance, which was validated by the State on August 3, 2009. On July 28, 2009, Ordinance No. 2009-44 was approved by the Collier County Board of Commissions under Agenda Item 17 A. An actual copy of that agenda item as approved by the Board is attached to this correspondence as Exhibit "I." This Ordinance established the Radio Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit (the "MSTU"). The boundaries of the MSTU approved by the Board encompasses 970.280 acres as reflected on Exhibit "A," page two (2) of that Board approved Ordinance. Recently a staff member from the Collier County Transportation Alternative Transportation Modes ("ATM") Department informed me that the ATM Department erroneously attached an earlier draft of Exhibit A, page two (2) to the signed Ordinance it provided your office to file with the State. I reviewed the Ordinance validated by the State and can confirm that the incorrect Exhibit was attached. A copy of the validated Ordinance is attached hereto as Exhibit "2." This error is significant because the Exhibit attached to the validated Ordinance incorrectly reflects an additiona1165 .159 acres within the MSTU boundaries. Because the error in this instance is not one that can be remedied by going back to the Board of County Commissioners (the Board actually approved the correct Ordinance), I am asking your assistance in having the State make the necessary correction. If you require anything further from me to assist with this task, please do not hesitate to contact me. 3301 East Tarniami Trail' Naples Florida 34112-4902. (239) 252-8400' FAX: (239) 252-8300 Page Two Ms. Patricia Morgan March 31, 2010 I would again like to thank you in advance for your assistance. Sincerely, ~7IR~ Scott R. Teach Deputy County Attorney Enclosure Cc: Darryl Richard, RLA, MSTU Project Manager 3301 East Tamiami Trail- !'!.aples. FI~~dali~!3;-490~___ Pho.n~i.~39) 252-8400 ___ Facsimile (239) 252-6300...,.___.,.. Clerk of Courts Accountant Auditor Custodian of County Funds Ms. Liz Cloud Department of State Bureau of Administrative Code RA Gray Bldg., Rm.10l 500 S. Bronough Street Tallahassee, Florida 32399-0250 Re: -ie' ~rl~ ,:2, >,., ::c: ~-~:- ::>~~ U)j-,:; r.f) _.'_ r'" crl~ -q-,. r-> = "'" ".. " --0 :::0 - I - en I "'" in :x CJ - .. (.)1 w Certified documents correcting Collier County Validated Ordinance 2009-44: Creating the Radio Road East of Santa Barbara Boulevard to Davis Boulevard MSTU (::J~ ::;.0, . -y CJ--'! ;>rTl Dear Ms. Cloud: Per the attached letter and recent request by the Collier County Attorney's Office we are submitting the following: a corrected certified ~ and corrected regular COpy of the above referenced ordinance and accompanying documents. The referenced Ordinance had originally been adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, July 28, 2009 during Regular Session and further filed with the Secretary of State's Office on August 3, 2009. Please date stamp the corrected regular copy of this document and kindly return same to this office for our records. (Ordinance Book) Thank you. Very truly yours, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk fuM...c ~C . Attachment~ <J - - By Phone (239) 252-2646 Website: www.collierc1erk.com Fax (239) 252-2755 Email: collierc1erk@collierc1erk.com Exhibit 1 ,...> ';:;'c ~ ~S~ ~nd:rrQ, No. 17A T";' ~ .IwI7 28, 2009 ~.:( , r'Oe 1 of 14 <.fl \,-'. cf' ....-'l ,{I-f_ \ , , m:::.-. ?- . EXECUTIVE SUMMARY \~\<:; ~ 0 ,- lJ' -:: 0.-0\ <fl. Recommendation that the Board approve an Ordinance Creating the RadJi~oalrEast of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing UnlJi:.r" OBJECTIVE: That the Board of County Commissioners approve an ordinance creating the Radio Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit (MSTU). CONSIDERATIONS: On April 7, 2009, Commissioner Henning's Office, in coordination with the existing Radio Road MSTU, organized a public meeting to present a proposal for the expansion of MSTU project activity east of Santa Barbara Boulevard along Radio Road to Davis Boulevard. There were approximately 200 people in attendance at this public meeting representing the various communities along Radio Road. Most of the attendees were "in favor" of either expanding the existing MSTU boundary or creating a new MSTU for the purposes of installing landscaping and irrigation East of Santa Barbara. The proposed MSTU boundary will include 3,312 separate property owners; most of who belong to eleven (11) separate homeowner associations, which include: Sapphire Lakes, The Shores, Furse Lakes Club, Granada Lakes Villas, Ibis Club, Madison Park, Blue Heron, Sherwood Park, Berkshire Lakes-Berkshire Pine, Sabal Lakes, and Plantation. At the May 12,2009, meeting of the Board of County Commissioners (Agenda Item 10C), the Board approved a policy that allows for future landscape projects on roadways included in the Collier County Landscape Beautification Master Plan to be initiated by developers, Municipal Service Taxing Units (MSTU), or homeowner associations (HOA). Radio Road from Santa Barbara Boulevard to Davis Boulevard was identified as one of the roadway segments that would be a candidate for Developer/MSTUIHOA landscaping. Under the policy, landscaping would be installed by an MSTU and maintenance could be assumed by the County on a future date subject to the Board's future approval of landscape maintenance funding. On June 23, 2009, Agenda Item 16.B.l4, the Board of County Commissioners directed staff to bring back an Ordinance creating the Radio Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit (MSTU). FISCAL IMPACT: Approval of this MSTU Ordinance will set in motion a series of fiscal steps including: (I) Creation of the Radio Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit (MSTU) Fund and related Cost Center; and (2) mechanism to establish the budget based upon certified taxable value and applied millage rate to match existing Radio Road MSTU millage rate of .2521 mils. Based upon a projected taxable value equal to $546,204,854.00 the extension of taxes based upon .2521 mils would raise approximately $137,698.00 per year. The effect of the proposed MSTU, including the tax levy implications, will not be realized until the 2010 tax year (FY 2011). This assumes that the enabling ordinance and related filings will be completed prior to December 31,2009. Agenda Item No, 17 A July 28. 2009 Page 2 of 14 The creation of the proposed MSTU will have an impact upon the aggregate county millage rate when this calculation is performed for the FY 2011 budget. If the current year proposed aggregate millage rate exceeds current year aggregate rolled back rate, TRIM statutes will require the County to publish a "Notice of Proposed Tax Increase" public hearing ad as opposed to the "Notice of Budget Hearing" public hearing ad. Further, a two-thirds vote of the Board would be required separately for taxing authority millage rates which exceed the rolled back rate multiplied by the Florida Personal Income Growth Factor. Anticipated project activity is estimated to cost $750,000 (total project per Windham Studios Opinion of Cost); the MSTU committee will fund project activity based on funding availability, and project 'phasing' will be considered in order to expedite project construction. Approval of this Ordinance will result in expansion of Fund III maintenance responsibilities after proposed MSTU project completion. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is not quasi-judicial and requires no ex parte disclosure, requires only a majority vote for approval, and is otherwise legally sufficient for Board action.~SRT GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board approve the attached Ordinance creating the Radio Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit (MSTU). Further, that the Board authorize the Chairman to sign said Ordinance if approved by the Board; and County Manager or his designee to include the operation, maintenance and life cycle replacement cost as a line item in the annual budget review following the completion of the project(s). Prepared By: Darryl Richard, Project Manager - MSTUs, Alternative Transportation Modes Attachments: (I) Ordinance, (2) Exhibit A - MSTU Boundary Map; 2 Page 1 of 2 Aqenda Item No, 17A - July 28, 2009 Page 3 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 17A Meeting Date: Re,:,omIll8ndatioll tiwt tile Board ,Jpprove an Ordinance Creating the RadiO Road East of S311t3 Barb8ra Boulevard to Davis Boulevard Municipal Service Taxing Unit. 7;28/2009 90000 ,\M Prepared By Darryl Rictlard Project M<J/l.1ger Alternative Transportation Modes Date Transportatiorl Services 7/6/2009 3:44:34 PM Approved By D.Jrryl Richard Project Manager Dilte Tml1sportation Services Alternative Transportation Modes 7/6120094:30 PM Approved By Caroline Soto Adrninbtrative Assistant Date Trail$portation Services Transportation Engim,cring <lnd Construction 7/7/200910:18 AM Approved By Therese Stanley Grant,:; Coordinator Date Transportation TrLlnsportation Administration 7/8/20093:14 PM Approved By p,'1Jnela J. Lulicl1 PrOject Mana~ter Date Trilllsportdtiotl Services A1L'lrnative Tr;]tl!)l1ort,;tion Modes 7/8/20094:51 PM Approved By N<lJl3h Ahmad Director D<lte Tr<lnsportation ServiCes Transportation Engineering ,~ Construction Management 7i10i2009 9:12 AM Approved By Michelle Edwards Arnold Alternative Tr3l1sport<:ltion Ml)d~~~ Director D<lte Transportation Services Alternative Tr<lnspcrtation Modes 7/15/20092:03 PM Approved By Scott R. Te<1ch Assist:lnt COUElty Attoft1"JY Date County Attorney C'hlnty Attorney OffiCi' 7/16i2009 12:32 PM Appruved By ;>.It Lehnh,Jt'd E^'~cuti'Je SeCI-,~tdry D.ltl; Tr,11l~-ipor1a1iof\ Services Tnnsp!Jrt;.1lioll S:)(vic<Js ^(tmin 7f1G:2flO:J 1:02 ,:;)M Approved By OMS Coordinator 01\18 COQt'dil1dtor O;.1t<: County Manager's Office Offir;e of M<ln.lgl!ll10tlt & Budgt:t 7/16/20091:53 PM Approved By M~lrk Isacl(';orl 13IJd~]et Allaly.st Date file:/ /C:\Agenda Test\Export\ I 33 -July%2028, %202009\ I 7. %20S UMMAR Y%20AG EN DA \... 7/22/2009 Page 2 of 2 Agenda Item No. 17 A July 28, 2009 Page 4 of 14 County Monager's Office Office of Man<lgement & Budget 7/17/200911:22 AM Approved By Lco E. Ochs. Jr. Deputy County Manager D;)t(~ Board of County Commissioners County Manager's Office 7/17120091:14 PM filc://C:IAgcndaTestIExportl I 33-July%2028, 'Yo202009117.%20SUMMARY%20AGENDA I... 7/22/2009 J'.genda Item No 17 A .July 28. 2009 Pdge 5 of 1~ EXHIBIT A - BOUNDARY MAP RADIO ROAD EAST BEAUTIFICATION MSTU ~ \~ \ j , ,,) ( EXHtOIT CREATED 0" 6.29.09 OYDARRYL RtCHARO PROJECT IWIAGER EXHIBIT A . PAGE 1 OF 2 REvtSED 0" 1.16.n9 Aqcllda Item No 17 A , July 28. 2009 P8ge (1 of 14 EXHIBIT A - BOUNDARY DESCRIPTION LEGAL DESCRIPTION OF RADIO ROAD EAST BEAUTIFICATION MSTU BEGINNING AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP SO SOUTH, RANGE 26 EAST; THENCE RUN SOl"02'26"E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4 A DISTANCE OF 2794.71 FEET TO THE WEST QUARTER CORNER OF SECTION 4; THENCE RUN N88"49'29"E ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 4 A DISTANCE OF 2632.37 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 4; THENCE RUN SOO"S3'44"E ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 2619.85 FEET TO A POINT OF INTERSECTION WITH SAID EAST LINE WITH THE NORTH RIGHT-OF-WAY LINE OF DAVIS BOULEVARD ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 03506- 2601, SAID POINT OF INTERSECTION ALSO BEING A POINT ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2789.79 FEET; THENCE FROM A TANGENT BEARING OF N73"12'42"E, RUN ALONG THE ARC OF SAID CURVE A DISTANCE OF 2090.3S FEET THROUGH A CENTRAL ANGLE OF 42"SS'Sl" TO THE POINT OF TANGENCY THEREOF, THENCE RUN N30"16'SO"E ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 3383.60 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2939,79 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE AND SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 2073.06 FEET THROUGH A CENTRAL ANGLE OF 40"24'13" TO A POINT OF INTERSECTION OF SAID CURVE AND SAID NORTH RIGHT-OF-WAY LINE WITH THE SOUTH RIGHT-OF WAY LINE OF RADIO ROAD; THENCE DEPARTING SAID CURVE, FROM A TANGENT BEARING OF N70"41'03"E; RUN NOO"S3'S9"W A DISTANCE OF 100.D3 FEET TO A POINT ON THE NORTH RIGHT-OF- WAY LINE OF RADIO ROAD; THENCE RUN S89"06'09"W ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 992.66 FEET; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE, RUN Noo"19'12"W ALONG THE WESTERN BOUNDARY LINES OF THE PLAT OF PALM SPRINGS PLAZA, UNIT NO.1 AS RECORDED IN PLAT BOOK 8, PAGE 21 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE PLAT OF PALM SPRINGS VILLAGE UNIT 1 AS RECORDED IN PLAT BOOK 8, PAGE 23 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE PLAT OF PALM SPRING ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 8, PAGE 22 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA A DISTANCE OF 2567.39 FEET TO THE NORTHWEST CORNER OF SAID PLAT OF PALM SPRINGS ESTATES, UNIT l;THENCE RUN N88"42'21"E ALONG THE NORTH LINE OF SAID PLAT A DISTANCE OF 659.02 FEET; THENCE RUN NOO"41'lS"W A DISTANCE OF 199.1S FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 11297.16 FEET, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF- WAY LINE OF INTERSTATE 7S ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF- WAY MAP SECTION 03175-2409; THENCE FROM A TANGENT BEARING OF N76"01'39"W, RUN ALONG THE ARC OFSAID CURVE AND SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 316S.7S FEET THROUGH A CENTRAL ANGLE OF 16"03'21" TO THE POINT OF TANGENCY THEREOF; THENCE RUN S87"SS'00"W ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 3633.67 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 5891.58 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE AND SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 481.43 FEET THROUGH A CENTRAL ANGLE OF 04"40'SS" TO THE POINT OF INTERSECTION OF SAID SOUTHERLY RIGHT-OF-WAY LINE WITH THE WEST LINE OF SECTION 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE DEPARTING SAID CURVE AND SAID SOUTHERLY RIGHT-OF-WAY LINE, RUN SOO"04'00"E ALONG SAID WEST LINE OF SECTION 33 A DISTANCE OF 3180.97 FEET TO NORTHWEST CORNER OF SECTION 4, TOWNSHIP SO SOUTH, RANGE 26 EAST AND THE POINT OF BEGINNING. CONTAINING THEREIN 970. 280 ACRES OR 42,265,399.29 SQUARE FEET, MORE OR LESS. EXHIBIT A - PAGE 2 OF 2 Agenda Item NO.I?A July 28, 2009 Page 7 of 14 ORDlNANCE NO. 2009- AN ORDINANCE CREATING THE RADIO ROAD EAST OF SANTA BARBARA BOULEVARD TO DAVIS BOULEVARD MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED .5 MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR THE CREATION OF THE RADIO ROAD EAST OF SANTA BARBARA BOULEVARD TO DA VIS BOULEVARD ADVISORY COMMITTEE, APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE OF THE ADVISORY COMMITTEE; QUORUM AND RULES OF PROCEDURE; PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY COMMITTEE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR REVIEW PROCESS OF THE ADVISORY COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, at the June 23, 2009, meeting of the Board of County Commissioners the Board was informed that the residents living in District 3 along Radio Road, East of Santa Barbara Boulevard to the intersection of Radio Road and Davis Boulevard, requested landscaping be installed along that section of roadway; and WHEREAS, the Board of County Commissioners has detennined that the creation of a municipal service taxing unit to be known as the "Radio Road, East of Santa Barbara Boulevard to the intersection of Radio Road and Davis Boulevard MSTU" is the best method for funding and implementing the installation of this landscaping. NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE. Authority. This Ordinance is adopted pursuant to the provisions of Chapter 125.01 and Chapter 200, Florida Statutes, and other applicable law. Agenda Item No. 17A July 28, 2009 Page 8 of 14 SECTION TWO. Creation of the Munkipal Servke Taxing Unit. There is hereby created and established the Radio Road, East of Santa Barbara Boulevard to the intersection of Radio Road and Davis Boulevard municipal service taxing unit, hereinafter referred to as "MSTU." The boundaries of the MSTU are as follows: See attached Composite Exhibit "A," which is incorporated herein by reference. SECTION THREE. Purpose and Governing Body. The MSTU is created for the purpose of providing landscaping and sprinkler systems for the section of Radio Road from Santa Barbara Boulevard east to Davis Boulevard. '[bis MSTU will sunset when the project is completed, or in six (6) years, which ever happens sooner. SECTION FOUR. Funding and Levy of Taxes. For the purpose of implementing this Ordinance, the Board of County Commissioners shall annually, at the time required by general budgetary law, make an itcmized estimate of the amount of money required to carry out the business of the MSTU for the next fiscal year, which shall be from October I to and including September 30 following, until the project is either completed or when six (6) years is up, which ever comes frrst. The estimate shall describe the purpose for which the moneys are required and the amount necessary to be raised by taxation within the MSTU. At the time and place for fixing the annual rate of taxation for County purposes, the Board shall fix and cause to be levied on all properties within the MSTU subject to taxation a millage rate not to exceed .5 mils per year. SECTION FIVE. Tax Assessment and Collection. Taxes herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of gcncral County taxes and subject to the same fees for assessing and collecting as general County taxes. 2 Agenda Item No. 17 A July 28. 2009 Page 9 of 14 SECTION SIX. Creation of the Radio Road, East of Santa Barbara Boulevard to the Intersection of Radio Road and Davis Boulevard MSTU Advisory Committee, Appointment and Composition. A. There is hereby created and established the Radio Road, East of Santa Barbara Boulevard to the intersection of Radio Road and Davis Boulevard MSTU Advisory Committee, hereinafter referred to the "Committee." B. The Committee shall consist of five (5) members which represent the area within the MSTU. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be property owners of Collier County within the MSTU and permanent resident electors of Collier County. The Board of County Commissioners shall consider appointment of members from different parcels, subdivisions and/or the communities within the MSTU. C. Appointment of the members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of the appointment and the term of office. D. Members of the committee shall serve without compensation but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. E. Committee shall meet on an as-needed basis, but not less than once per year. SECTION SEVEN, Terms of Office of the Advisory Committee. The initial terms of office of the Committee shall be as follows: A. Two (2) members shall be appointed for a term of two (2) years. B. Two (2) members shall be appointed for a term of three (3) years. C. One (1) member shall be appointed tor a term of four (4) years. 3 Agenda Item No. 17 A July 28. 2009 p~(j8 10 of 14 lbereafter each appointment or reappointment shall be for a term of four (4) years. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION EIGHT. Officers ofthe Advisory Committee, Quorum And Rules of Procedure. A. At its earliest opportunity, the membership of the Committee shall elect a chairman and vice chairman from among its members. Officer's terms shall be for one (I) year, with eligibility for re-election. B. The presence of three (3) or more members shall constitute a quorum of the Committee necessary to take action and transact business. C. The Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of the meetings, resolutions, reports and exhibits, findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits shall be submitted to the Board of County Commissioners. D. Committee member attendance requirements, including failure to attend meetings and member removal from office are governed by Ordinance No. 2001-55, as it may be amended, or by its successor ordinance. SECTION NINE. Functions, Powers and Duties of the Advisory Committee. The functions, powers and duties of the Committee shall be as follows: A. To aid and assist the Board of County Commissioners in carrying out the MSTU as set forth in this Ordinance. B. To prepare and recommend to the Board of County Commissioners an itemized budget of the amount of money required to carry out the business of the MSTU for the next fiscal year. In carrying out this responsibility, the Committee shall, no later than April I st of each year, meet with the County Manager or his designee and outline to the County 4 Agenda Item No. 17A July 28, 2009 Page 11 of 14 Manager or his designee those projects which the committee wishes to see accomplished during the next fiscal year. Based upon this information, the County Manager or his designee shall prepare a proposed budget for the MSTU, in accordance with standard County guidelines regarding preparation of budgets. This proposed budget shall then be reviewed by the Committee and upon approval by the Committee be transmitted through the County Manager or his designee to the Board of County Commissioners' policy. Should the Committee fail to approve the budget by June I st of each year, the County Manager or his designee shall be authorized to submit a proposed budget to the Board of County Commissioners. C. The Committee shall recommend work programs and priorities to the County Manager or his designee is accordance with the adopted budget or budget amendments, which may be adopted by the Board of County Commissioners. The execution of work programs shall be under the direct supervision and responsibility of the County Manager or his designee. Said work may be performed under contract (in accordance with the law) or by County forces. D. The Committee may adopt and amend "Guidelines" to govern its operation and the operation of the MSTU, subject to approval by the Board of COlmty Commissioners. SECTION TEN. Duties of the County Manager or his Designee. The duties of the County Manager of his designee shall be: A. To administer the activities of the MSTU in accordance with established policies of the Board of County Commissioners and guidelines adopted by the Committee. B. To prepare the annual budget in accordance with Section Nine, Paragraph B. above. C. To provide periodic written reports to the Committee, and the Board of County Commissioners of the activities of the MSTU and its finances in accordance with established guidelines of the Board of County Commissioners and/or the Committee. 5 Agenda Item No. 17 A July 28,2009 Page 12 of 14 D. Attend all Committee meetings. SECTION ELEVEN. Conflict and Severability. In the event tlris 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. SECTION TWELVE. Inclusion in the Code of Laws and Ordinances. The provisions of tlris Ordinance shall become and may be made a part of the Code of Laws and Ordinances of Collier County, Florida. The section of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. SECTION THIRTEEN. Effective Date. 1bis Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DVL Y ADOPTED by the Board of County Commissioners of Collier County, Florida this 28th day of July, 2009. 6 A TrEST: DWIGHT E. BROCK, CLERK Approved as to form and Legal sufficiency: Scott R. Teach Deputy County Attorney /..--'x~-._, (Sf!:'! ) "-_./ Agenda Item No. 17 A July 28, 2009 Page 13 of 14 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN 7 many News 2F ,,> NOTICE OF INTENT TO CONSIDER ORDINANCE. Notice is herebY given that on Tuesday! July 28. 2009 In the Boardroom. 3rd Floor, Admin stration Building, Collier County: Government Center, 3301 East Tamiami Trail. Naples Florida, the Board of county commissioners will consider the enactment of a County Ordinance. The meeting will com- menceat 9:00 A.M. The title of the proposed ordl. nancels as follows: . AN ORDtNANCE CREATING THE RADIO ROAD EAST OF SANTA .BARBARA BOULEVARD TO DAVIS BOULE- VARD MUNICIPAL SERVICE TAXING UNIT; PROVID. ING THE AUTHORITY: PROVIDING FOR THE CRE. ATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED .S MtLS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR THE CREATION OF THE RADIO ROAD EAST OF SANTA BARBARA BOULEVARD TO DAVIS BOULEVARD ADVISORY COMMITTEE; APPOINTMENT AND COMPOSITION: PROVtDING FOR TERMS OF OF. FICE OF THE ADVISORY COMMITTEE; OUORUM AND RULES OF PROCEDURE; PROVIDING FoR FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY COMMIT. TEE; PROVtDtNG FOR THE DUTIES OF THE COUNTY MANAGER OR. HIS DEStGNEE; PROVIDING FOR RE. VIEW PROCESS OF THE . ADVISORY COMMITTEE: PROVIDING FOR CONFLICT AND SEVERABILITY; PRO. VIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Caples of the proposed Ordinance are on 'flle with the Clerk to the Board and are available forlnspec- tlon. All interested parties are Invited to attend and be heard. . NOTE: All persons wishing to speak on any agenda Item must register wtth the county administrator prior to presentation of the agenda Item to be ad- dressed. Individual speakers' will be limited to S minutes on any Item. The selection of an Individual to speak on .behalf of an organization or group .Is' encouraged. I' recognized by the Chairman, a spokesperson for a group or o.ni~anjzation' ma.'j- be allotted 10 minutes to speak on ari Item. .' Persons wishing to have written or graphic materl; als Included In the Board agenda packets must submit said material a mInimum of 3-weeks prior' to the re5pectlv~!publlchearlng. In any case,wrltten materials Intended to. be considered by the Board shall be submitted to the appropriate county staff a minimum of seven' days prior to the publiC hear' ing. All material used In presentations before the Board v..:111 become a permanent part of the record. Any person WhO. decides to appea.1 a decision of the Board will need a record of the proceedings per' talnlng thereto and therefore, may need.to ensure that a verbatim record of the proceedings is made, whIch record Includes the t'estlmony and evidence upon which the appeal Is based. . If you~are a person with a disability who needs any accommodation in order to partlclpat~ In this pro- ceeding; you are entitled, at no cost to you, to the provision of cp.rtain assIstance. Please ,contact the Collier County Facilities Mariagementbepartment, located at 3301 Tamlaml Trail East, Building W, Naples. Flortda 34112, (239).252-8380. Assisted lis- tening devices for the hearing' imp~ired are avail- able In the county Commissioners' Office. . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) Julv 17 'OOq NolA07151 ''';:''.~'''.1!<'T''''''''1!!'.~~.,'IU _r~,~~~,m::'i ~ - - ~___ _~.~n ~_., _ n."" ~ _ ___-.. Agenda Item No. 17 A July 28, 2009 Page 14 of 14 Friday, July 17, 2009 Exhibit 2 -'1""''''-~--'''''' 1'-" ~ .-: '~'7", ",q, * ~ ~ ~ nr~rl'lt'~ .,~\ 'V '\ 'I' \J .... \ ""'" ..j .....1 ~ " G ~fl(J9~! ORDINANCE NO. 2009- 44 '?> M 6''''6> A~~ ?~'~'l'91; g.rA1(--ORDINANCE CREATING THE RADIO ROAD EAST OF SANTA BARBARA ----.-1fOULEVARD TO DAVIS BOULEVARD MUNICIPAL SERVICE TAXING'UNlT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED.5 MlLS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR THE CREATION OF THE RADIO ROAD EAST OF SANTA BARBARA BOULEVARD TO DAVIS BOULEVARD ADVISORY COMMITIEE, APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE OF THE ADVISORY COMMI1TEE; QUORUM AND RULES OF PROCEDURE; PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY COMMITTEE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER OR IDS DESIGNEE; PROVIDING FOR REVIEW PROCESS OF THE ADVISORY COMMITIEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, at the June 23, 2009, meeting of the Board of County Commissioners the Board was informed that the residents living in District 3 along Radio Road, East of Santa Barbara Boulevard to the intersection of Radio Road and Davis Boulevard, requested landscaping be installed along that section of roadway; and WHEREAS, the Board of County Commissioners has determined that the creation of a municipal service taxing unit to be known as the "Radio Road, East of Santa Barbara Boulevard to the intersection of Radio Road and Davis Boulevard MSTU" is the best method for funding and implementing the installation of this landscaping. NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE. Authority. TItis Ordinance is adopted pursuant to the provisions of Chapter 125.01 and Chapter 200, Florida Statutes, and other applicable law. SECTION TWO. Creation of the Municipal Service Taxing Unit. There is hereby created and established the Radio Road, East of Santa Barbara Boulevard to the intersection of Radio Road and Davis Boulevard municipal service taxing unit, hereinafter referred to as "MSTU." The boundaries of the MSTU are as follows: See attached Composite Exhibit "A," which is incorporated herein by reference. SECTION THREE. Purpose and Governing Body. The MSTU is created for the purpose of providing landscaping and sprinkler systems for the section of Radio Road from Santa Barbara Boulevard east to Davis Boulevard. This MSTU will sunset when the project is completed, or in six (6) years, which ever happens sooner. SECTION FOUR. Funding and Levy of Taxes. For the purpose of implementing this Ordinance, the Board of County Commissioners shall annually, at the time required by general budgetary law, make an itemized estimate of the amount of money required to carry out the business of the MSTU for the next fiscal year, which shall be from October I to and including September 30 following, until the project is either completed or when six (6) years is up, which ever comes first. The estimate shall describe the purpose for which the moneys are required and the amount necessary to be raised by taxation within the MSTU. At the time and place for fixing the annual rate of taxation for County purposes, the Board shall fix and cause to be levied on all properties within the MSTU subject to taxation a millage rate not to exceed .5 mils per year. SECTION FIVE. Tax Assessment and Collection. Taxes herein provided for shall be assessed and collected in the same manner and fonn as provided for the assessment and collection of general County taxes and subject to the same fees !'Jr assessing and collecting as general County taxes. 2 SECTION SIX. Creation of the Radio Road, East of Santa Barbara Boulevard to the intersection of Radio Road and Davis Boulevard MSTU Advisory Committee, Appointment and Composition. A. There is hereby created and established the Radio Road, East of Santa Barbara Boulevard to the intersection of Radio Road and Davis Boulevard MSTU Advisory Committee, hereinafter referred to the "Committee:' B. The Committee shall consist of five (5) members which represent the area within the MSTU. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be property owners of Collier County within the MSTU and permanent resident electors of Collier County. The Board of County Commissioners shall consider appointment of members from different parcels, subdivisions and/or the communities within the MSTU. C. Appointment of the members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of the appointment and the term of office. D. Members of the committee shall serve without compensation but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. E. Committee shall meet on an as-needed basis, but not less than once per year. SECTION SEVEN. Terms of Office of the Advisory Committee. The initial terms of office of the Committee shall be as follows: A. Two (2) members shall be appointed for a term of two (2) years. B. Two (2) members shall be appointed for a term of three (3) years. C. One (I) member shall be appointed for a term of four (4) years. 3 Thereafter each appointment or reappointment shall be for a term of four (4) years. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION EIGHT. Officers of the Advisory Committee, Quorum And Rules of Procednre. A. At its earliest opportunity, the membership of the Committee shall elect a chairman and vice chairman from among its members. Officer's terms shall be for one (I) year, with eligibility for re-election. B. The presence of three (3) or more members shall constitute a quorum of the Committee necessary to take action and transact business. C. The Committee shall, by maJonty vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of the meetings, resolutions, reports and exhibits, findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits shall be submitted to the Board of County Commissioners. D. Committee member attendance requirements, including failure to attend meetings and member removal from office are governed by Ordinance No. 2001-55, as it may be amended, or by its successor ordinance. SECTION NINE. Functions, Powers and Duties of the Advisory Committee. The functions, powers and duties of the Committee shall be as follows: A. To aid and assist the Board of County Commissioners in carrying out the MSTU as set forth in this Ordinance. B. To prepare and recommend to the Board of County Commissioners an itemized budget of the amount of money required to carry out the business of the MSllJ for the next fiscal year. In carrying out this responsibility, the Committee shall, no later than April I st of each year, meet with the County Manager or his designee and outline to the County 4 Manager or his designee those projects which the committee wishes to see accomplished during the next fiscal year. Based upon this information, the County Manager or his designee shall prepare a proposed budget for the MSTU, in accordance with standard County guidelines regarding preparation of budgets. This proposed budget shall then be reviewed by the Committee and upon approval by the Committee be transmitted through the County Manager or his designee to the Board of County Commissioners' policy. Should the Committee fail to approve the budget by June 1 st of each year, the County Manager or his designee shall be authorized to submit a proposed budget to the Board of County Commissioners. C. The Committee shall recommend work programs and priorities to the County Manager or his designee is accordance with the adopted budget or budget amendments, which may be adopted by the Board of County Commissioners. The execution of work programs shall be under the direct supervision and responsibility of the County Manager or his designee. Said work may be performed under contract (in accordance with the law) or by County forces. D. The Committee may adopt and amend "Guidelines" to govern its operation and the operation of the MSTU, subject to approval by the Board of County Commissioners. SECTION TEN. Duties of the County Manager or his Designee. The duties of the County Manager of his designee shall be: A. To administer the activities of the MSTU in accordance with established policies of the Board of County Commissioners and guidelines adopted by the Committee. B. To prepare the annual budget in accordance with Section Nine, Paragraph B. above. c. To provide periodic written reports to the Committee, and the Board of County Commissioners of the activities of the MSTU and its fInances in accordance with established guidelines of the Board of County Commissioners and/or the Committee. 5 D. Attend all Committee meetings. SECTION ELEVEN. 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 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. SECTION TWELVE. Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and may be made a part of the Code of Laws and Ordinances of Collier County, Florida. The section of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. SECTION TIllRTEEN. Effective Date. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 28th day of July, 2009. 6 A TIEST; DvnG~~~~~~,CLERK -',' . '. ',\ a. " f). .~ '.'J ..' . ~., . -;: .- Atted. .. t.-CIiI '. .1........IJ~.,. ,t.:;,."-"- Approved as to form and Legal sufficiency: ~*i2A~v ~ Scott R Teach Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 4L~ d~ DONNA FIALA, CHAIRMAN By: This orainonce filed with the Secr,tory of ~'. Office the ~ doy of lJllt, '2<<>'1 and ocknowledgemen} D/.. that flll'1[elved this day ~~ 7 EXHIBIT A - BOUNDARY MAP RADIO ROAD EAST BEAUTIFICATION MSTU ~J ~ m 'r:s:6w 62:::., \.Q.7 "^ ~ ~ ~ f::I' ~~,~~'} r;u:::;:as fjJ!i%5!--l b--- {!;(!J&J . __ ~ . _ ____ lLU T7 ffl!!?' .. . . · · · - .... .. . . . - · · · · .. ... ----------'--------- ~'Ir ~ \I CJ()~({ _ ..~~:~ ~ ~t c- ~~ \ '" ,~~~~ ~t-, c- . '\~\. ~\. \\ ~ - XLl.Y ~ V' \ ?\\'0J. ~ 1<:<,/-1 ~:A ~ ~~~ j'r ;, ( I1II F ~ ~ ~ 1F.fA'fJ)l(!)lF.U!)1ffIl E:A'S17i (f U I 1 1 I L t ~ 0 ) )! ~ ~ ~ =mm ~ ~ ~-- ~Cl :::<-'\' X 'n. / I~- -_ "'_ , )::::v :0. ::, ~ ~CJ it!. / .O~) ~ @ 1/ If: ~s9 '\, OJ , ~II :~: II ~~ /; ), < l) FiT ,I: C> IT ,j'J '\ '- -fsV; ~ r '11\\I\/rr ;d ~C} J ~ 'P-',. I...."... I~"~ - N ~o -., 0 ~~ ~m : "- V v> J :~ .~ Jl IV 1l<<, ,Q ~ \ . ~ Ie f ~ ~rrr;; ~~ I k~ ~ ~--~Y/ [i/-J - cf -If1AVlS1..m rf3 ~ \:; ''<-v v~ hJ..Jf RADIO ROAD EAST MSTU BOUNDARY I~ r =~ ~ ~ S' j t(,---"' - (02 ~ ffil~ ~ J J ~ I\~\ I I ~\\ Ii - EXHIBIT CREATED ON 6-29-00 BY DARRYL RICHARD PROJECT MANAGER EXHIBIT A - PAGE 1 OF 2 EXHIBIT A - BOUNDARY LEGAL DESCRIPTION LEGAL DESCRIPTION OF RADIO ROAD EAST BEAUTIFICATION MSTU BEGINNING AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP SO SOUTH, RANGE 26 EAST; THENCE RUN S01"02'26"E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4 A DISTANCE OF 2794.71 FEET TO THE WEST QUARTER CORNER Of SECTION 4; THENCE RUN S01'02'39"E ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 4 A DISTANCE OF 2716.04 FEET TO A POINT Of INTERSECTION WITH SAID WEST LINE WITH THE NORTH RIGHT-Of-WAY LINE OF DAVIS BOULEVARD ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 03506-2601; THENCE RUN N89'01'SO"E ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 1864.93 FEETTO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2789.79 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE AND SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 2860.60 fEET THROUGH A CENTRAL ANGLE OF 58'45'00" TO THE POINT OF TANGENCY THEREOF, THENCE RUN N30"16'SO"E ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 3383.60 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS Of 2939.79 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE AND SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 2073.06 FEET THROUGH A CENTRAL ANGLE OF 40'24'13" TO A POINT OF INTERSECTION OF SAID CURVE AND SAID NORTH RIGHT-OF-WAY LINE WITH THE SOUTH RIGHT-Of WAY LINE OF RADIO ROAD; THENCE DEPARTING SAID CURVE, FROM A TANGENT BEARING OF N70'41'03"E; RUN NOO'S3'51"W A DISTANCE OF 100.Q3 FEET TO A POINT ON THE NORTH RIGHT-OF- WAY LINE Of RADIO ROAD; THENCE RUN S89'06'09"W ALONG SAID NORTH RIGHT-Of-WAY LINE A DISTANCE OF 992.66 FEET; THENCE DEPARTING SAID NORTH RIGHT-Of-WAY LINE, RUN NOO'19'12"W ALONG THE WESTERN BOUNDARY LINES OF THE PLAT OF PALM SPRINGS PlAZA, UNIT NO.1 AS RECORDED IN PLAT BOOK 8, PAGE 21 OF THE PUBLIC RECORDS OF COlLIER COUNTY, FLORIDA, THE PLAT OF PALM SPRINGS VILLAGE UNIT 1 AS RECORDED IN PLAT BOOK 8, PAGE 23 OFTHE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE PLAT OF PALM SPRING ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 8, PAGE 22 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA A DISTANCE OF 2567.39 FEET TO THE NORTHWEST CORNER OF SAID PLAT Of PALM SPRINGS ESTATES, UNIT 1; THENCE RUN N88"46'30"E ALONG THE NORTH LINE OF SAID PLAT A DISTANCE OF 1318.57 FEET TO THE NORTHEAST CORNER OF SAID PLAT, THEN CENTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT-Of-WAY LINE Of INTERSTATE 75 ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 03175-2409; THENCE RUN N73'OO'28"W ALONG SAID SOUTHERLY RIGHT-Of-WAY LINE A DISTANCE OF 92,07 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 11,297.16 FEET; THENCE RUN ALONG THE ARC Of SAID CURVE AND ALONG SAID SOUTHERLY RIGHT -(JF-WAY LINE A DISTANCE OF 3761.18 FEET THROUGH A CENTRAL ANGLE OF 19'04'32" TO THE POINT OF TANGENCY THEREOF; THENCE RUN S87"SS'00"W ALONG SAID SOUTHERLY RIGHT-(JF-WAY LINE A DfSTANCE OF 3633.67 fEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 5891.58 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE AND SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 481.43 FEETTHROUGH A CENTRAL ANGLE OF 04'40'55" TO THE POINT OF INTERSECTION OF SAID SOUTHERL Y RIGHT-OF-WAY LINE WITH THE WEST LINE Of SECTION 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE DEPARTING SAID CURVE AND SAID SOUTHERLY RIGHT-Of-WAY liNE, RUN SOO'04'DO"E ALONG SAID WEST LINE OF SECTION 33 A DISTANCE OF 3180.97 fEET TO NORTHWEST CORNER OF SECTION 4, TOWNSHIP SO SOUTH, RANGE 26 EAST AND THE POINT OF BEGINNING. CONTAINING THEREIN 1135.439 ACRES OR 49,459,722.03 SQUARE FEET, MORE OR lESS. EXHIBIT A - PAGE 2 OF 2 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 2009-44 Which was adopted by the Board of County Commissioners on the 28th day of July, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 31st day of July, 2009. DWIGHT E. BROCK Clerk of Courts a~d Clerk Ex-officio to Board of County Commissioners By: Martha Ver~a~a Deputy Clerk: . 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: Certified Documents Correcting Collier County Validated Ordinance 2009-44 WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 5th day of April, 2010. DWIGHT E. BROCK.','" /: Clerk of Courts arrdCler~ Ex-officio to Boa:r;a"'of County commissioci~rs / .~ Q.u..u ~.O.~.~: ~ (j~. ..:/::'~ By: Ann Jennejohn, Deputy Clerk