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Ordinance 2016-33 ORDINANCE NO.2016-33 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE ORANGE BLOSSOM RANCH COMMUNITY DEVELOPMENT DISTRICT LOCATED IN UNINCORPORATED COLLIER COUNTY AND CONTAINING APPROXIMATELY 219.79 ACRES; PROVIDING FOR THE AUTHORITY OF THE ORDINANCE; PROVIDING FOR THE ESTABLISHMENT OF THE BOUNDARIES FOR THE ORANGE BLOSSOM RANCH COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR THE DESIGNATION OF THE INITIAL BOARD MEMBERS; PROVIDING FOR THE DISTRICT NAME; PROVIDING FOR STATUTORY PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR CONSENT TO SPECIAL POWERS; PROVIDING FOR PETITIONER'S COMMITMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, RP Orange Blossom Owner, LLC, a Delaware limited liability company has petitioned the Board of County Commissioners (Board) of Collier County, Florida, a political subdivision of the State of Florida, to establish the ORANGE BLOSSOM RANCH COMMUNITY DEVELOPMENT DISTRICT(District); and WHEREAS, the Board of County Commissioners, after proper published notice has conducted a public hearing on the petition and determined the following with respect to the factors to be considered in Section 190.005(1)(e) Florida Statutes, as required by Section 190.005(2)(c),Florida Statutes: 1. The petition is complete and meets the requirements of Section 190.005, Florida Statutes, and all statements contained within the petition are true and correct. 2. Establishment of the proposed District is not inconsistent with any applicable element or portion of the local comprehensive plan of Collier County, known as the Collier County Growth Management Plan, or the State Comprehensive Plan. 3. The area of land within the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. The District is the best alternative available for delivering community development services and facilities to the area that will be serviced by the District. 5. The community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. [16-CPS-01591/1286006/1 1 6. The area that will be served by the District is amenable to separate special-district government. WHEREAS, it is the policy of this State, as provided for in Section 190.002(2)(c), Florida Statutes, that the exercise by any independent district of its powers as set forth by uniform general law comply with all applicable governmental laws, rules, regulations, and policies governing planning and permitting of the development to be serviced by the district, to ensure that neither the establishment nor operation of such district is a development order under Chapter 380, Florida Statutes, and that the district so established does not have any zoning or permitting powers governing development; and WHEREAS, Section 190.004(3), Florida Statutes, provides that all governmental planning, environmental, and land development laws, regulations, and ordinances apply to all development of the land within a community development district. Community development districts do not have the power of a local government to adopt a comprehensive plan, building code, or land development code, as those terms are defined in the Local Government Comprehensive Planning and Land Development Regulation Act. A district shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general-purpose government. WHEREAS, pursuant to Section 190.012 (2)(d), Florida Statutes, upon the establishment of the proposed community development district, the District Board of Supervisors have sought consent from Collier County for the grant of authority to exercise special powers without question as to the continued right, authority and power to exercise its limited powers as established by this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AUTHORITY FOR ORDINANCE This Ordinance is adopted pursuant to Section 190.005(2), Florida Statutes, and other applicable provisions of law governing county ordinances. [16-CPS-01591/1286006/1 2 SECTION TWO: ESTABLISHMENT OF THE ORANGE BLOSSOM RANCH COMMUNITY DEVELOPMENT DISTRICT The Orange Blossom Ranch Community Development District is hereby established within the boundaries of the real property described in Exhibit "A" attached hereto and incorporated by reference herein. SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS The following five persons are herewith designated to be the initial members of the Board of Supervisors: 1. Mark Taylor 2. Jim Reinders 3066 Tamiami Trail North, 3066 Tamiami Trail North, Suite 201 Suite 201 Naples,FL 34103 Naples,FL 34103 3. Brian O'Donnell 4. Ken Bloom 3066 Tamiami Trail North, 3066 Tamiami Trail North, Suite 201 Suite 201 Naples, FL 34103 Naples,FL 34103 5. Karen Welks 3066 Tamiami Trail North, Suite 201 Naples, FL 34103 SECTION FOUR: DISTRICT NAME The community development district herein established shall henceforth be known as the "Orange Blossom Ranch Community Development District." SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT The Orange Blossom Ranch Community Development District shall be governed by the provisions of Chapter 190,Florida Statutes, and all other applicable general and local law. [16-CPS-01591/1286006/1 3 SECTION SIX: CONSENT TO SPECIAL POWERS Upon the effective date of this Ordinance, the Orange Blossom Ranch Community Development District will be duly and legally authorized to exist and exercise all of its powers as set forth in Section 190.012(1),Florida Statutes,and as otherwise provided by law. The Board hereby consents to the exercise by the Board of Supervisors of the District of the special powers set forth in Section 190.012(2)(d), Florida Statutes, to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies; except that the district may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the District boundaries. SECTION SEVEN: PETITIONER'S COMMITMENTS The adoption of this Ordinance is predicated upon the material inducements contained in the foregoing recitals setting forth Petitioner's Commitments, re-stated as follows: (1) elect one resident of the District to the five member Board of Supervisors at such time as residents begin occupying homes in the District, and (2) record a Notice of Assessments containing the specific terms and conditions of any special assessments imposed to secure bonds issued by the District, which notice shall be recorded immediately after any such bond issuance. The Board shall retain any and all rights and remedies available at law and in equity to enforce Petitioner's Commitments against Petitioner, its successors and assigns. SECTION EIGHT: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law,the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. [16-CPS-01591/1286006/1 4 1 SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"or any other appropriate word. SECTION TEN: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this (S-c-1-'. day of v-cv-i- ice' , 2016. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Ak 1.4.44_, By Vu'` By: Attes as to C •irman`s' Deputy C rk D4r' ALA, CHAIRMAN 4..'.' a 14 .4__ ._ 8 - 'and'and legal ty: till Jeffre 1' .1 atzkow Count A'ir:.rney This ordinance filed with th. State's Office :.i... Secretary Sta•+ ^lam Lift! day of_Qtt^ r--- and acknowledgement of thit filing received this ilt..--41 day 2-t;t., r Of ► ,.ern •1l.,, IIk.�,�T: By DOWN 16 [16-CPS-01591/1286006/1 5 EXHIBIT"A" DESCRIPTION Parcel in Section 13,Township 48 South, Range 27 East, Collier County,Florida A tract or parcel of land lying in Section 13,Township 48 South, Range 27 East, Collier County, Florida,said tract or parcel being more particularly described as follows: Beginning at the Northwesterly most corner of Tract "C" of the record plat of "ORANGE BLOSSOM RANCH PHASE IA" as recorded in Plat Book 45, Pages 58- 61 of the Public Records of Collier County, Florida, run S89°30'46"W for 1,778.52 feet to an intersection with the Easterly line of lands described in Official Records Book 1433 at page 509, of the Public Records of Collier County, Florida; thence run Noo°29'14"W along said Easterly line for 3,156.55 feet to an intersection with the Southerly line of a Canal Easement as recorded as Exhibit "C" of Official Records Book 1322 at page 1897, Collier County Records; thence run N89°33'07"E along said Southerly line for 3,728.29 feet to an intersection with the West right of way line of the North Golden Gate Canal, (8o' wide right of way), as shown on the record plats of North Golden Gate Units 4 thru 7; thence run Soo°30'08"E along said West line right of way line for 1,881.63 feet; thence run S89°29'52" W for 157.91 feet to a point on a non-tangent curve and an intersection with the Northerly line of said record plat of "ORANGE BLOSSOM RANCH PHASE 1A"; thence run along the Northerly line of said record plat the following three (3) courses: Westerly along an arc of a curve to the right of radius 227.50 feet (delta 21°38'36") (chord bearing S78°42'10" W) (chord 85.43 feet) for 85.94 feet to a point of tangency; S89°31'28" W for 195.00 feet to a point of curvature and Westerly along an arc of a curve to the right of radius 227.50 feet (delta 21°31'38") (chord bearing N79°42'43" W) (chord 84.97 feet) for 85.48 feet; thence run S89°29'52" W for 150.94 feet to a point on a non-tangent curve and an intersection with said Northerly line of said record plat; thence run along said Northerly line of said record plat the following three (3) courses: Southwesterly along an arc of a curve to the right of radius 227.50 feet (delta 75049'40") (chord bearing S51°36'38" W) (chord 279.59 feet)for 301.08 feet to a point of tangency; S89°31'28"W for 195.00 feet to a point of curvature and Northwesterly along an arc of a curve to the right of radius 227.50 feet (delta 61°58'01") (chord bearing N59°29'32"W) (chord 234.23 feet) for 246.05 feet to a point on a non-tangent curve; thence run Southwesterly along an arc of a curve to the left of radius 335.00 feet (delta 03°o6'47") (chord bearing S55°55'56"W) (chord 18.20 feet) for 18.20 feet to a point of tangency; thence run S54°22'32"W for 184.36 feet to a point on a non-tangent curve and an intersection with said Northerly line of said record plat; thence run along the Northerly and Westerly line of said record plat the following five (5) courses: Southwesterly along an arc of a curve to the right of radius 617.50 feet (delta 14°46'18") (chord bearing S46°08'43"W) (chord 158.76 feet) for 159.20 feet to a point of tangency; S53°31'52"W for 596.34 feet to a point on a non-tangent curve; Post Office Drawer 28o0•Fort Myers,FL 33902 Phone(239)461-3170•Fax(239)461-3169 1OF3 arraco www.barraco.net and Associates, Inc. Civil Engineers,Land Surveyors and Planners DESCRIPTION(CONTINUED) Southerly along an arc of a curve to the right of radius 1,250.00 feet (delta 27030'37") (chord bearing S13°5o'37"E) (chord 594.43 feet) for 60o.18 feet to a point of tangency; Soo°o5'19"E for 67.44 feet and S89°5441"W for 35.56 feet to the POINT OF BEGINNING. Containing 219.79 acres,more or less. Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007) and are based on the Northwesterly line of the Tract "L-3" of the record plat "ORANGE BLOSSOM RANCH PHASE IA", as recorded in Plat Book 45, Page 58, of the Public Records of Collier County,Florida,to bear S53°31'52"W. Scott A.Wheeler(For The Firm) Professional Surveyor and Mapper Florida Certificate No. 5949 L:\23218-Orange Blossom Ronto\Surveying\Description\23218SKto.doc Page 2 OF 3 • • • Barraco W.r••r•.tee I Ii GV/ALEAS9gNT(F ORT'C7 _ rww.e•vo•set CANALANDDRAINAGEEISEIFIR'� 1" (02.4726,PG.3135,GGR) yt,t37;PD.te97,ccR) I . /1,11.4110111.SIR= O.R.OM,PG.fie, 2r N89°33'DI'E 3728.29' ci e• s ..,,.e,.,... Section 13 1 ^G4 N ORANGE Mtge I 2 s 3 . wTIEBLOSSOM Township 48 South,Range 27East 4 5 a m:,I£.r RANCH m. , m 1vE1/4 �to ' •-3,. s " NW 1/4 0 c 2 ?' , r �.� i�t �i API N •00 IC. O a Id. G3. is �. A Parcel of Land AREA=219.79 Ac V "A 0. M c 4 'Qe i!I o. NOTES: LI Sagan 73, Li , J ■ ' J.4 ' �m'Jpt. w _xl_ITo w ship Jd SorAA, ap' � .$°e m� W ._,j }- 1. ALLDISTANCESSNOWNARENFEETANDDECIMALS Range27Eas43m` Lr+ yq wi� �N�r m ' THEREOF. ColderCounry•,iNu !t�' v� • L,q.�m q e1{V`rF ws e 2 D.E•DENOTES DRAINAGEEASOJENT. Florida . Lett Q bN"'" C N AL*Z! A = 3 LE-DENOTES IRRIGATION EASEMENT. g'7" I/l�oL � 'inn\ � t�F. 1�e1 �� I !. LILE-DENOTES LANOSCAPEBLFFER EMINENT.g� .._ 6 a -m-Z•`-h- ,z� -y i S LIRE-DENOTES IAKEAWNTEHANCEEASB1ERf. /��w.^•�, N yRr• V y - a O.R•DENOTES OFRCIAL RECORDBOO$COWER .'•I`.i \ L'u5� COUNTY PURIM RECORDS. .. & P.B.-DENOTES PLAT BOOK ...Tr/ ?� N & to¢ i S PG.-DENOTES PAGE .. _„• C 10. P ILE•DENOTES PUBUC UDLRI'EASEMENr. -. 11. O.U.E•DENOTES ORANGE TREE UTILITY COtIPANV ,{ y_ � ;''�._ ^ I EASI3AE1?. '•t -;-1 -4 i II BEARINGS AS SHOWN ARE STATE PUINERDRIDA 4•p --- -�Y----• .. t.,: EASTZONE jNAD19S3NNSRST99D1AREBASED ON 00ry I • ` S89'.31'Z8'W 19500' -- i THE1lORTHWESTERLYUIIE OETRACi LJ AS V 1 S4 ._ SHOWN ON THE RECORD PLATDE ORANGE "1' S54°2252"VY 184 38'i_-it _ � , _ Ii..._; . d BLOSSOMRANCH PHASE/A'RECORDED INPlA7 • 1_;;.7.111.. i L._.I L.•'.•L.. _i BC0X 15,PAGE`�,COWER COUNTY RECORDS,TO gi R=1250.00'd=27•3017°L=60818' •\ {!---.---1=- ' �.. i__ \1 --' i eEARu33ruw ,•• latC/f�S13°5017"E59/43' a; = rll>p ru Blossom .---‘--,11-._ 13. DESCRIPTION ISATTACIED. — IIS Z POINT OF ;;; _---` -' '' I' ' ' '' THIS IS NOT A SURVEY - - SWU4 BEGINNING r,_.n < (')3 c 4''�;l G.�8 C.I^,Y,)1 COP.473.Ir•c• Si i . :l ! I I I Ii_L , / 1..._' ,_.4_- (__'-'�•.' EXHIBIT A' a `- r I--__I; I 1 I : I.-1.-..,:,,!',j-i'! i i 1 I 1 L SCOTT WHEELER(FOR THE FIRM-LB-5940) DATE SIGNED: S8r3046'W 177852' w , ;-r� (_..:.!..„.j.i-_,_....,.:37-.,•?-1.-- • PROFESSIONAL SURVEYOR AND MAPPER SKETCH To „7 : SOO°05'19E 67.41' ' '-SE114..' i . j r FLORIDA CERTIFICATE NO.5949 DESCRIPTYION :, S89e54'41'W 35.58' NOT MA110 WRHOUT THE SIGNATURE AND THE ORIGNAL •^•m' RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER AAr 13 OR3 i c FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State November 17, 2016 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2016-33, which was filed in this office on November 17, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us