Ordinance 2016-34 ORDINANCE NO.2016- 3 4
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING THE ORANGE
BLOSSOM GROVES COMMUNITY DEVELOPMENT DISTRICT
LOCATED IN UNINCORPORATED COLLIER COUNTY AND
CONTAINING APPROXIMATELY 89.98 ACRES; PROVIDING FOR
THE AUTHORITY OF THE ORDINANCE; PROVIDING FOR THE
ESTABLISHMENT OF THE BOUNDARIES FOR THE ORANGE
BLOSSOM GROVES 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 GROVES
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-01592/1285979/1 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-01592/1285979/1 2
SECTION TWO: ESTABLISHMENT OF THE ORANGE BLOSSOM GROVES
COMMUNITY DEVELOPMENT DISTRICT
The Orange Blossom Groves 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 Groves Community Development District."
SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT
The Orange Blossom Groves Community Development District shall be governed by the
provisions of Chapter 190,Florida Statutes, and all other applicable general and local law.
[16-CPS-01592/128597911 3
SECTION SIX: CONSENT TO SPECIAL POWERS
Upon the effective date of this Ordinance, the Orange Blossom Groves 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-01592/1285979/1 4
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 l s}-\--, day of 4o troy. , 2016.
ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.
L i B J' ,:,i
By . #ilt y. , ;
Attest as to hairman's Deput Cl;rk ANNA FIALA, CHAIRMAN
siaqnat re o " ..-,`
App i ve c a Form jand legal'•
1
r '
Jeffre4ti. r latzkow
CounA iv ey
This ordinance filed with the
Secretory o4 State's Office the
i l "doy of NCVern or 2 110
and acknowledgement of that
Wino received this 1 ! day
ofrsrbCv; 2.0((e9.
8y . a''—'4.', -It
116-CPS-01592/1285979/1 5
Barraco www.barraco.net
and Associates, Inc. Civil Engineers,Land Surveyors and Planners
EXHIBIT"A"
DESCRIPTION
Parcel in
Section 24,Township 48 South,Range 27 East and
Section 19,Township 48 South,Range 28 East,
Collier County,Florida
A tract or parcel of land lying in Section 24,Township 48 South,Range 27 East and Section 19,Township 48
South, Range 28 East, Collier County, Florida said tract or parcel of land being more particularly described
as follows:
Beginning at the Northwest Corner of Tract "C" of the record plat of "ORANGE BLOSSOM
RANCH PHASE 1B"as recorded in Plat Book 45,Page 67,of the Public Records of Collier County
Florida, run along the Westerly and Southerly line of said record plat the following twenty-two
(22) courses: Sol°08'55"E for 49.76 feet to a point on a non-tangent curve; Southerly along an
arc of a curve to the right of radius 208.00 feet (delta 62°28'11") (chord bearing S11°oo'14"W)
(chord 215.72 feet) for 226.78 feet to a point of reverse curvature; Southerly along an arc of a
curve to the left of radius 145.0o feet (delta 42°42'4o") (chord bearing Seo°53'oo"W) (chord
105.6o feet)for 108.09 feet to a point of tangency;Soo°28'2o"E for 411.78 feet; S89°31'40"W for
140.00 feet; Soo°28'2o"E for 204.45 feet; N89°31'40"E for 26.94 feet; Soo°28'2o"E for 140.0o
feet; Soo°48'o3'W for 135.03 feet; N89°31'4o"E for 299.0o feet; Noo°28'20"W for 250.00 feet;
N89°31'4o"E for 45.0o feet; Soo°28'20"E for 250.0o feet; N89°31'4o"E for 446.11 feet to a point
of curvature; Easterly along an arc of a curve to the right of radius 262.50 feet(delta 36°22'17")
(chord bearing S72°17'12"E) (chord 163.85 feet) for 166.63 feet; S70°19'oo"E for 354.38 feet;
S68°57'5o"E for 185.00 feet; N21°o2'10"E for 30.99 feet; S68°57'5o"E for 368.98 feet to a point
of curvature; Easterly along an arc of a curve to the left of radius 145.00 feet (delta 53°52'5o")
(chord bearing N84°05'45"E) (chord 131.39 feet)for 136.36 feet to a point of reverse curvature;
Easterly along an arc of a curve to the right of radius 208.00 feet (delta 100°04118") (chord
bearing S72°48'31"E) (chord 318.84 feet) for 363.29 feet and N89°31'46"E for 26.07 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 1,007.41 feet;thence run S89°3o'45"W for 400.90 feet;
thence run N58°31'3o"W for 1,010.00 feet;thence run N88°17'o2"W for 645.91 feet; thence run
S81°45'30"W for 230.0o feet;thence run N47°o5'10"W for 686.83 feet;thence run N31°29'30'W
for 300.00 feet; thence run N5o°28'29"W for 630.0o feet; thence run N39°58'3o"W for 255.0o
feet; thence run Noo°24'23"W for 825.0o feet to an intersection with the South right of way line
of Oil Well Road, (County Road 858), (200'wide right of way),as described in a deed recorded in
Official Records Book 4279,at Page 1221,Collier County Records,also being the South line of the
North 75 feet of said Section 24; thence run along said South right of way line the following two
(2) courses: N89°35'37"E for 750.16 feet and N88°5o'o5"E for 609.19 feet to the POINT OF
BEGINNING.
Containing 89.98 acres,more or less.
Bearings hereinabove mentioned are State Plane for the Florida East Zone(1983/NSRS 2007)and are based
on the North line of Northeast Quarter(NE 1/4)of Section 24 to bear N88°50'o5"E.
Scott A.Wheeler(For The Firm)
Professional Surveyor and Mapper
Florida Certificate No.5949
' L:\232i8-Orange Blossom Ronto\Surveying\Description\232t85RtLdoc
Post Office Drawer 2800•Fort Myers,FL 33902
Phone(239)461-317o•Fax(239)461-3169
1OF2
POINT OParraco
N88°50'O5E 609.19' BEGINNING "';'",.;`w
N89°3537 E 750.16' of .cordonnt�. .°"wce.n.0asat
11191531•E 21011.10 1I��°l' f
4 : ai
3 _ i18
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b...
edi
Wcl?E S01°08'55"E149.7r /�,I \' Awa r -r-_24 . 1I 19 -,5 ORANGE
B � R�Z08.00'd=62°28'1 Ln228.78' : .i 1 �.- \ ---1,11,---.1. L�= _ pi--!--- BLOSSOM
° zw 5m e p CIpS11°00'14°W 21E72' ! /:'`'.. -•.'\ ` -.i----1 i--i: . I t _: m l
SCALED",FEET Ila R-145.00'd4Y42d'LM108.09' J =ti 3rrz��; Blossom Ranch Phase 11` -- :v ,53,4,?, GROVE
es% Cm82r53'00"W10160" . , _ 11---:(P.N. 45, € =. 6.,C'.C.R.)411 i I a ,4 C.D.D.
z S00°2620'3:41178' i'±I -c'---1: I---�, __I i. .--1 _�' •°
S99°31.40 14000' ' ni ' L-1 f^-,3 1 -I -- "i
A Pomo,of Loa In
_N89'31'40 E-. { r • -- r\ Sen1an21
SW2820E1204.45' {i.-. _ �J Township 4Ba0w.
r. s 45.00 NB L4 . _ _ Rens<17 East and
AREA=89.98 Ac. ---.. �_ C l�L._ r J
NOTES: A' N89°3140 E 2894 '2-fi`- • '' i ! -1 1�_„� N. I'�' •1 Sndae l9•
N38°5830"W •moi' ] I 1 , r [_r., til ,i I r”"n.Al,4Bsmh,
ALLOWANCES SHOWN AREINFEEIAND DECIMALS y S00°2820" 140.00�.LI.l- J'S00°2670 E�5000'�; j 1 •, L_-ham ..'r �_ Rant ld..FA
O THEREOF. `0e 133.03'--S" "c::I•' N8r31404 °r-ra� -1 t ' l /l�j �;r`J�":14.'e' r;I J ca/NocO.na.Florida
, OE•DENOTESDRAINAGEEASBNEM. l 2� S00°48.03"W 446.11' s70°�g ;;'-i; 4, , - = n '-1 I_.-., II
i LE-DENOTES IRRIGATION EAMUS:: - NW1/4 "� + i
l t.B.E•DENOTES[ANOSCAPEBUREREASEAIEN7, ��• Y 299.00' 3SI(3B,F`y`/ `'m��L x ; I _
a LME•DENOTES LAKE WINIENANCEEASEMENT. N8r3r4rE imam, r,:_•e.0 a /1.
a OR•DENOTES OFFICIAL RECORDBODECOWER N00°2820"W 250.00' dL=166.3' At ke n - .d t'
LOWY RELIC RECOROS. N31.2930"W 30000' L=18&63'
7. (PJ-DENOTESP'LIT. AJ •�/`�b o ii - a""
LI. PB-aENOTEsiYAr800K i C� 16a851 •E 'ag h 4 A'� -_
S. PG•DENOTESPAGE 8.0 "OO! w.1j Ni _ _, ''?
10. R.UE-DENOTESPUEUCUTLITYEASEMINI. �J; C . & 0 4• *� ''i' ;;
11. ONE-DENOTES ORANGETREEUNUNCOUPANY 2 O .1``� k'�°i • 4g ; 2 'v
'p y p 1� NNN"""b. ;x
12 BEARS S SHOWN ARE STATEPIANER.ORIDA 1t y�i'14w%'�1t•rwpa I ! p F
EASTZONE(NADI9LT(MRS 2000)AREBASED ON 4 �i0 '�.
DENORTNUNE OF THE NORIHEASTOIPRT92(TE N88°17102"W kt �a'*�nQ = fi d_
NQOF SECTION 24.TOBEARNLS•5011SE \ 64091' yse. y nn 4i n .� ^-•�°
13. DESCRIPTION IS ATTACHED. S81'4530"W 23000' 07* Vkif h -y` N h
THIS IS NOT A SURVEY ,% ;; ��
SW1/4 1/4 Seam Lbw 11
SCOTT A.WHEELER(FOR THE FlRM•L&6940) DATE SIGNED: SSL4 S89°30'45'w 400.90' �j� I �, FDanBIT-A-
PROFESSIONAL SURVEYORAND MAPPER
Section 24 w.."SS 1\y� `
FLORIDA CERTIFICATE NO.5949 `7 y CCOQ ro
Township 48 South,Range 27East CR
NOTVAUD WITHOUT THE SIGNATURE AND THE ORIGINAL ,,,,e,,,;,�
RAISED SEAL OFA FLORIDA LICENSED SURVEYOR AND MAPPER ,y," 2OF2
t40, ,,T, _, ;,.,,,... ,.
. ,_„< „,-- ,
.,_ ,
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. 2016-34, 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