Ordinance 2001-038 2OOl-.
ORDINANCE
NO}
ORDINANCE AMENDING ORDINANCE NO. 99-67
ICH ESTABLISHED THE MEDITERRA SOUTlt
MUNITY DEVELOPMENT D!ST,,RICT: PROVIDING FOR
NDMENT TO EXHIBIT 'A TO EXPAND THE
"ERNAL BOUNDARIES OF TttE DISTRICT; PROVIDING
CONFLICT AND SEVERABILITY: AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, The Board of County Commissioners adopted Ordinance No. 99-67 on
September 14, 1999 which established the Mediterra South Community Development District;
and
WHEREAS, the Board of Supervisors of the Mediterra South Community Development
District has petitioned the Board of County Commissioners to expand the external boundaries of
the District; and
WHEREAS, the Board of County Commissioners, after proper published notice,
conducted a public hearing on the petition to expand the boundaries of the district :ts required by
law and delermined the following:
I. The petition is complete in that it meets the requirements of Section 190.046,
Florida Statutes; and all statements contained within the petition are true and con'ect.
2. Expansio.n of the proposed district is not inconsistent with the local
Comprehensive Plan of Collier County and is not inconsistent with the State Comprehensive
Plan.
3. That the area of land within the proposed district as expanded is of sufficient size,
is sufficiently compact,~ an~l is sufficiently contiguous to be developable as one functional
inten'elated community.
4. That the district is the best alternative available for deliveringc
development services and facilities to the area that will be serviced by the district. :r.
5. Thai the community development services and facilities of the district
incompatible with the capacity and uses of existing local and regional community
services and facilities.
6. That the area that will be served by the district is amenable to separate special
district government; and
WItEREAS, it is the policy of the State, as provided in Section 190.002(2)(c), Florida
Stattttes, that the exercise by any independent district of its powers as set forth by uniform
general law comply wilh all applicable governmental laws, rules, regulations and policies
governing planning and permitting of the development to be served by the district, to ensure that
neither the establishment nor operation of such district is a development .order under Chapter
380, Florida Statutes, and that the district so established does not have any zoning or permitting
powers governing development: and
!
Words s~ are deleted; words underlined are added.
WHEREAS, Section 190.044(3), Florida Statutes, provides that all governmental
planning, environmental, and land development laws, regulations and ordin:mces apply to all
development of the land within a community development district; and that a district shall take
no action which is inconsistent with applicable comprehensive plans, ordinances or regulations
of local general purpose government; and
WHEREAS, pursuant to Section 190.012, Florida Statutes, the district's special powers
are subject to the regulatory jurisdiction and permitting authority of all applicable governmental
bodies, agencies and special districts having authority with respect to any m'ea included therein.
NOW, THEREFORE BE 1T ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ()NE: AMENDMENT TO EXHIBIT "A" ()F ORDINANCE 99-67.
Exhibit "A" shall be amended to read as lbllows:
See revised Exhibit "A" attached hereto and incorporated herein by reference.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more:i'estrictive shall apply. If any phrase or portion of this Ordinance is held
inwdid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION TltREE: INCLUSION IN THE CODE OF I.,AWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part ol' the Code ol' Laws
and Ordinances of Collier county, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State.
· ,,,, iPASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
' County, Flc~hd'alith:is _~_~-t:~ay of ~ 2001
DWIGHT E, BROCK, Clerk
Attest as to ChaPman's
BOARD OF COUNTY COM~/IISSIONERS
COLLIER COU~A
By: JAMES .~CARTER, Ph.D., Chairl~an
2
Words"' ..... I/ '~ ........
.............. ~h are deleted; words underlined are added.
Approved as to form and
leg~'ficien/~ y:
Heidi F. A~s'ht~n~
Assistant County Attorney
h: H FA\Ord\Anlc.d99-67 Medilcn'a
This ordinance
Secretary of State's
~day of ~,
and acknowlSdge~en~ that
fili~ re?ired this ~y
3
Words ....... I. *k .......k
............. e3,, are deleted; words underlined are added.
g.3~'l b:Lt; "A"
M~DITHRRA SOUTH CDD
PIPER. PARCEL (Collier County)
Tho north half(N½) ortho west half ~nA) oftim west half ~W~A) of $¢mion 11,
Tow~. hip 48 South, l~tang~ 25 East, Collier County, Plotida
Containing gO.~? a=tes mote at lass.
and;
KHACHANE PARCEL
Nort~ ½ of thc ~orth ½ of thc northwest ~A ofthc southwest ~ of Section 1 l,Towmhip
48 South, Range 25 East, Collier County, l:iorida
Containing 10.09 ar. res marc or less.
end;
I~IACEANE PARCEL
North ½ of thc south ½ of t ha northwest 'A of thc southwest % of Section 11, Township
48 South, Rengc 25 East, Collier County, Floridl
Containing 10.09 acres marc or less.
and;
MONTANUS PARCEL "
Thc south ½ of thc north ½ of thc northwest uA of thc southwest
Township 48 South, l~tngc 25 East, Collier County, Florida.
Containing 10.0g acres marc or less.
and;
STAI~LETON PAP, CEL
Thc south ½ at'thc south ½ of'thc northwest % of'thc southwest % of Section 11,
Township 48 South, tbmgc 25 East, saving end rcscrvini~ thc wc.st 50 fcct
roadway purposcs for inlitcss.and cgtess of gr'~ntors and grantees end adjacent property
Containing 10.09 ncres marc or less.
DYNAI~EL PARCEL "
Thc Southeast % of thc Southwest %, less thc South 30 fcct thcrcot', of Section l !,
'l'~w~i9 4g South, lh~ng¢ 25 Fast, Collier County, Florida.
and;
DYNABEL PARCEL contlnucd
Thc Southeast 'A of thc Nonhw~t *A; Thc Southwest % of thc ~0tth~; Thc
North~vcst ~ of thc Southeast ~; nnd thc Northcast tA of thc SoUthwest ~;-~Les$ thc North
Words ctruck ~..~__~..~ are deleted; words under]/ned are added.
Containing ! 95 acres more ~ ,ess.
and;
r ELrr PARc' L
The North ½ of'the Southwest ~, of'the Northeast ~ of'the Southwest ~ of Section i 1,
Township 4g South. Range 2~ East. Collier County, Florida
Containing $ acres more or less.
and;
VOGEL PARCEL ·
Thc Nc~rtheast ~ of the Northwest ~ and the Northwest ~ ofthe Nonheut ~ of'
Section 11, Township 48 South, Range 25 Fast, Collier County. Florida.
Containing 80.40 Acres more or Ic.~.
and;
LI¥1'NGSTOI~ PARCEL
A parc~ o£1and located in Sections I !, 12 and 13, Township 48 Sou~, Range 25 East,
Collier County, l:lorida, being more Particularly desca'ibed as follows:
Beginning at the southeast corner of'the southwest
Range 25 East, Collier County Florida; ~ ot'Sectlon 12, Township 48 South.
thence run North 00'52'07', West along the mt line ofsaid southwest ~ of'Section 12,
for a distance of'2631.75 feet to the ~nter of said Section 12;.
thence continue Noah 00'~2'07- West along the east line of the southeast ~ of the
northwest ~ o£said Section 12. t'or a distance of' 1316.77 f'eet
the southeast ~ of't~. .....
thence r~n e ......~':~_ .n~nnwest ~ ofsaid Sec~ . . to the northeast ~rner 0f
-,~,um ~ ~4 06" West alone !~ .... l°~n,.12' =.
o t... o,,u~n .ne otthe southeast ~ o£the northeast
~ of'the northwest ~ of'said Section 12, £or a distanca of'662.28 fe~t to the southwest
corner of'the southeast ~ ofthe northeast ~ of'the northwest ~ of'said Section 12;
thence run Noah 00°$0,22,. West along the west line of'the southeast ~ of'the northeast
~ of the northwest ½ of'said Section 12, for a distance of'658.71 t'ect to the northwest
corner of'the southeast ~ of the nonhea~i ~ of'the northwest ~ of'said Section 12;
thence run Noah 88'$$'45,, East along the noah line of'the southeast ~ of'the nonhcast
~ of.the northwest ~ o~'said Section 12, for a distance o£~6135 feet to the northeast
Corner of.the southeast ~ of the northeast ½ of the northwest ~ of'said S~tion 12~
thence run North 00e$2.07,, West along the east llne of'the northwest ~ of'said Section
12, £or a distance of'658.3~ feet to t~e northeast corner of'the northwest ~ of'said Section
12;
thence run South 88'57'20" West along the north line of'the northwest ~ of said Section
12. for ~ distance of 2646.45 t'eet to Ihe northwest Corner of the northwest ~ of.said
Section 12;
thence run South 00'45'07" East along the west line of.the northwest ~ of said Section
12, for a distance of' 131~.36 feet to the northeast corner of'the southeast ~ of'the
northeast ¼ of'Section 1 I. Township 4~ South. Range 25 East;
~ords
2
are deleted;
Words
~d. are
added.
thence run South 88'54'42" W ' ·
~ of'said Section 1 ! ,' .... est along the north line of'the n.t~, .... ,~ -.
· southeast -'- '" ,ut a otstan~ of 1225 63 feet ,,, d,. =_so~u...,.,~ ~4 or-the northeast
~ ortho ~brdunst 'A ofsald Scanlon I !;
· -- .,-~ -onnwest corner of'the --
· thence run South 00"45'23- East along tho west line ortho southeast ~ ofthe northeast
of'said Section I I, for I dist~ce of 1320.39 f'ect to tho southwest corner of'the southeau
. ~ ortho northeast ~ of'said Se~on ! 1;
0
~ of'the sou,~,---~' ,. ~ o.u_tance or' 1321.73 f'=gt to ,k ...... L. east ~ ortho southeast
.... '"-, ~'* Otmd Section 11; -.- ,-.,.rawest comer ortho northea~i
thenr.~ run South g8'46"37" West along the north line of'the s6uthwect ~ of'the southe, ut
~ of'said Section 11, for a distance of 1325.32 feet to the
southwest ~ ortho southeast ~ -,...:., ,. _.. northwest comer ortho
thence run - ' u.~. ~ectlon i 1; ,
uouth 00~45,29. East along the west' llne ortho southwest ~ of'the southeast
~ or'said Sectlbn .1 !, for a distance or ,
.s, outheast ½ orsaid Sect' . 1323 80 feet to the southw .... .
,lhlTcc run Nort h,...,, ,'~o.n.I..!, . est corner ufch.
.... ,., ~-tst along thesouth ---
t'or a distance o£2650.25 feet to the northwest corngr of'Section 13, Township 4g
· ,-~ u~me southeast K ofsaid Section
South, Range 25 East~
thence run South 00'43'28" East along the west llne ortho northwest ~ of'said Section
12, t'or a distance o£675.60 £ect to the southwest corngr of the northwest ~ of the
northwest ~ ortho northwest ~ of'said Sgction
thence run North g8°38'!3" East along the south line of'the northwest ~ of'the horthwest
~ o.~the northwest ~ of'.said Section I], for a distance of 664.12 f'ect to the southeast
corner of the northwest ~
thence mn North 00o41,49°.fthe northwest ~ of'the northwest ~ ofsaid Section
West along the east line of'th~ northwest ~ of'the northwest
~ of'the northwest ~ ofuid Section 13, for a distance of 675.07 feet to the northeast
corner ortho northwest ~ of'the northwest ~ of the northwest ~ of'said Section 13~
thence run North 88°41 '00" East along the south line of the soutl~west ~ of'Section 12,
Township 48 South, Range 25
Beginning. East, for a distance of 1993.31 feet to the Point of
Less and excepting thererrom the Northwest ~ of'the Northwest ~ of'th~ Northwest
Ofsaid Section 13.
Containing 472 acres more or less.
end;
ZEHNER. PARCEL
The Northeast ,/. of'the Northeast ,/, of'Section I 1, Township 48 South, Range 25 East,
Collier Counly. Florida. O.R. Book 2211, page 606
Containing 40 acres more or less.
and; ..
Word~
3
are deleted
vords underlined
are
added.
WILSON 10 AC. PARCF=~_
Thc North ½ of the North ½ or,he Southwest ~ ortho Southwest ~ of'Section ! 1,
Townsl~ip 48 South. Ranie 2~ Erst, Collier Count~. Flofid~
C?nteining I0 ac~es more or I~ss.
and;
AMSTER PARCEL
Thc South ½ of'the North ½ ct'the Southwest ~'o['the Southwest ~ of'S~tion 1
Township 48 South, l~ange 25 East, Collier County. Florida 1,
Containing 10 acres more or less.·
and;
PAGE PARCEL
Thc North ½ of the South ½ of'the Southwest ~ ofthe Southwest ~ ofSection 1 !,'
Township 48 South, Range 25 East, Collier County, Florida
Containing 10 acres more or less.
Words
are
deleted; Words
Underltmed
are
added.
Descri tion of Addition to Mediterra South CDD
bein,, a art of Section 12 Townshi 48 South Ranoe 95 East
C__oilier County, Florida -~ '
All that art of Section 12 Townshi 48 South, Ran~oe 25 East. Collier Count ......
· ' - · monaa t)eine more
articularl described as follows:
Commencin at the southeast comer of said Section 12'
thence alono the east line of said Section 12 North 00°59'01 "West 200.00 feet to the Point of
Be innino of the arcel herein described thence:
thence ieavin said Section line South 88°40'16'' West 9576 35 feet'
thence North 58038'42" West 55.56 feet: -
thence North 02°55'41" West 51.18 feel
thence North 00053'22'' East 168.77 feet',
~thence North 00004'47'' East 782.63 feetl
_t.hence North 00°51 '30" West 83.55 feet
thence South 88°45'49,, West 50.00 feet'to the north-south ¼ line of said Section 12'
thence alon the east-west ¼ line North 88051'44'' East 1160.07 feet' -'
thence leavino said east-west ¼ line and aion the west line of that !' nd described in O.R.
657.34 feet to a oint on the south line of the North ½ of the SW ¼ of the NE ¼ of said
Section 12'
of that land as described in O.R. Book 1439 Pa,,e 1770 Public Records of Collier Count
Florida.
that land as described in O.R. Book 1952 Paoe 284 Public Records of Collier Count
Florida: .
said Section 12'
comer of that land as described in O.R. Book 1952 Pa e 984 Public Records of Collier
Count Florida and a oint hereinafter referred to as Point "B"'
corner of that land as described in O.R. Book 1439 Paoe 1770 Public Records of Collier
County Florida-
as measured at ri ht an les to the east line of said Section 12'
thence aion said line South 00°57'34- East 657.27 feet-
thence continue alone said line South 00°58'26,, East 656,84 feet , , _
of said Section 12 to the east west ¼ line
thence alon said line North 88°51'44,, East 964 89 fee
of Beoinnin of the arcel herein described:
Containing 200.42 acres more or les:;
5
Words ~ are deleted; words underlined are added.
ALONG WITH UINN PARCELS FURTHER DESCRIBED HEREON
Beginning at the aforementioned Point "B"~
Thence South 88054'42'' West 662.19 feet~
thence North 00°50'17" West 658.93 feet;
thence North 88055'53.. East 662.05 feet-
.thence South 00050'59.. East 658.70 feet~to the Point of Beginning of the parcel befell,
described-
Containing 10.02 acres more or less
Containing 210.44 net acres more Or les.~
Yates oarcei not included
Containing 0.91 acres more or less
6
Words ~ are deleted; words underlined are added.
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 copy of:
ORDINANCE NO. 2001-38
Which was adopted by the Board of County Commissioners on
the 26th day of June, 2001, during Regular Session.
WITNESS my hand and the official seal of the
B°ard~.
County Commissioners of Collier County, Florida, this 27~aFo
of June, 2001. ~-"~
DWIGHT E. BROCK.~:?
Clerk of Courts~i%r~d.' Clerk
Ex-officio to B~a~d'of
County Comml s si(ine-rs ....
By: Ellie Hoffman, ,.,.
Deputy Clerk