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Backup Documents 11/15/2016 Item #17B ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1713 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Attorney on pinkA paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County tto y Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAK 11/15/16 4. BCC Office Board of County -t-)V-‘0 A Commissioners \( 4/ kAlC\lio 5. Minutes and Records Clerk of Court's Office I3 0 p(1-‘. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Marcia R.Kendall,Seni r Planner Phone Number 252-2387 Contact/ Department GMD/Zoning Divisio Agenda Date Item was November 15,2016 Agenda Item Number 17B Approved by the BCC Type of Document Orange Blossom Groves CDD Ordinance Number of Original 1 Attached w/backup Documents Attached PO number or account number if document is �^ to be recorded ?AD INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? mrk 2. Does the document need to be sent to another agency for additional signatures? If yes, mrk provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed mrk by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's mrk Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the mrk document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip mrk should be provided to the County Attorney Office at the time the item is input into Accela. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 11/15/2016 and all changes made during mrk the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the u.AM! 4 BCC,all changes directed by the BCC have been made,and the document is ready f. l - vt4 Chairman's signature. `�,v`= I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24:05;Revised 11/30/12 178 Martha S. Vergara From: Martha S. Vergara Sent: Thursday, November 17, 2016 1:54 PM To: KendallMarcia (MarciaKendall@colliergov.net) Subject: Validated Ordinance 2016-34 Attachments: Ordinance 2016-34.pdf Hi Marcia, Attached is a scanned copy of Validated Ordinance 2016-34. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com 1 178 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(l)(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 17 B 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 2 178 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-01592/1285979/1 3 17 B 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 17 B 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 i 54- day of 4cD crcrr-v , 2016. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA leer& By: • Attest as to hairman's , Deph " Cl,rk DONNA FIALA, CHAIRMAN siqnat re o , . App vee . s form and lega i . Jeffre A. "` atzkow Count is ey This ordinance filed with the Secretory of Slate's Office the 1l 'day of -Vevnber 2.C'1(n. and acknowledgement f thet filing received this day ofAAitzh Lv 2Pf(c9, By 'Uroti a , C [16-CPS-01592/1285979/1 5 17 B 13 arr a c o 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: Sof°o8'55"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'n") (chord bearing S11°00'14"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 42042140") (chord bearing Seo°53'oo"W) (chord 105.60 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°31'4o"E for 26.94 feet; Soo°28'2o"E for 140.0o feet; Soo°48'03"W for 135.03 feet; N89°31'4o"E for 299.00 feet; Noo°28'2o"W for 250.00 feet; N89°31'40"E for 45.0o feet; Soo°28'20"E for 250.0o feet; N89°31'40"E for 446.11 feet to a point of curvature; Easterly along an arc of a curve to the right of radius 262.5o feet (delta 36°22'17") (chord bearing S72°17'12"E) (chord 163.85 feet) for 166.63 feet; S7o°19'oo"E for 354.38 feet; S68°57'50"E for 185.00 feet; N21°02'10"E for 30.99 feet; S68°57'50"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°3o'o8"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°17'02"W for 645.91 feet; thence run S81°45'3o"W for 230.0o feet;thence run N47°o5'10"W for 686.83 feet;thence run N31°29'3o'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 825.00 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°3537"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°50'05"E. Scott A.Wheeler(For The Firm) Professional Surveyor and Mapper Florida Certificate No.5949 L:\23218-Orange Blossom Ronto\Surveying\Description\23218SKn.doc Post Office Drawer 280o•Fort Myers,FL 33902 Phone(239)461-3170•Fax(239)461-3169 1OF2 17 B • POINT OF •arraco N88•50`05"E 609.19' BEGINNING �,"" lee N89°3537'E 750.16' NranvertCO. � �w ° °f2hoet C' www.buneaset 1778.1537E 2676.10 Right ofWay Line Oi! —14— -1- Well rx sin 13-� -,,,,,�-Road 801 0855"E 1149.76' ' '. ! 4 _. 1 r 24_. I9 ORANGE 5 R-208,00'6.-62°281 1"L=226,78' *i/;( -'1 ---i"•-� 1-- -L I" BLOSSOM CISH°OOY4°W 215.72' .. SC +FEE 4A 77=145.00'6.=42°4240"L=108.09' ( .� _Oi'.ang BlossomRanch P se I!"_ �I GROVE m 25 Ch'S20°53 00"W 105,60' --I—'-.. zJ--( , 67, X. r! I- 4, C D.D. 2 500°28'20"E'41178' 'l 4: -� -_I -- r---1 ..: 1:71:-, ,i m . S89°31W0'W 140,00' " Ill ' --.h �_ y _ ` r-_-. i-----1.:111 ' '1 I6..,• ', A Sergonrcel of 11, In NB9°31'(0'E_. -I I �-_ t• seel0n 1!, S00°2870 EI204.45' Tract r: 14500'77-- LI-� �._ ice ') ‘i 7°"nshlpJgSouth, AREA=89.98 Ae. -'----- I ;— _-C. 41-1 h- L: .414-o'3 I Range 11 Eon°"a 25500' r� _� _gym I. Section 19, 1 ..t!`TT I !•"I -.-.`1.-.-• 1� _Ire,'G es T°"rt,hl 48 Sough, Noyes: N89°31 40"E 26,94'-✓ I p N39°5830"W J y S00°Z870 E 250.00'1 �' r - ! 1 Range 18 Emb S00°2r2rg 140,00' L; , ,�Y - �..Y ALL DISTANCES SHOWN ARE IN FEET AND DECIMALS ry .,l,II,. „t r` re Collier C6mlp•,Florida THEREOF. 135.03'x' N8r3140 E ^1,13^ ..y.. 1 i/ 1.7-'4.1..1.-:::,,,i .► eg, D.E•DENOTES DRAINAGE EASEMENT. �r9 $70° • "/ ta" `r -t` + """`^ 1 LE•DENOTES IRRIGATION EASEMENT. - NWL4 Q+'Q�'� 500°48b3"W / 448.1T 19 .7•',.;% z 1 1 I �"�'"'. 4. LBE•DENOTEStANDSCAPEBUFFEREASEMENT. 298.�J 3 38 4'-y t.� -1-4.,,,,__..,Z• i �� ' S LME•DENOTES LAKE MMNTENAACEEASEAIEM. N89°31%10"E R=162.50' .�,.f= B O.R•DENOTES OFFICIAL RECORD BOOK COLLER NOO°28'20"W 250.00' L=166.63' " °4T �4 I�- !..4 �'`��,=;•,.•'. COUNTY PUBLIC RECORDS. N31°2930"W 300.00' p q ' 7. (PI•DENOTES PUT. CE S72°1771E 44e. P. °� * d 1 V e� B. P.B.•DENOTES PUT BOOK y "'° 9. PG.•DENOTESPAGE -fib CI163.85' h '�Oj � "'m '" �' Sb 10. P.UE•DENOTES PUBUCUTILITY REEUIIFA1ENi A �' �s� y w ry �,�4�41iA` "rye .°'.: t-• ,,.,,,,, 11. O.UE-DENOTES ORANGE TREE URIRYCOMPANY IP 0 ., .Z. f '&4e` A $ ; ; EASEMENT. �' 12 BEARINGS AS SHOWNARESTATEPLANEFLORIDA `' `'4th I•43I,1 ''� !^ FASTZONE(NA01933(OSR52002J)AREOASED ON �'ti I . W . c�. 4 THE NORTH LINE OF THE NORTHEASTQUARTER(NE N68°17'02"W = h��A� Co .ft L a� '""' 1/4)0F SECTION 24,TO BEAR N8B'SOUSE \ 645,91' Ay,�, $p R, H St •_I n 13. DESCRIPTION IS ATTACHED. S81°4530"W 230.00' D'�,�0 ' ' '!I ya THIS IS NOTA SURVEY ___ o>o�, l' III SW 1/4 IN section Lire SE 114 889°30'451W 400.90'-1,,,,I\II- EXHIBIT-A• SCOTT A.WHEELER(FOR THE FIRM-LB-694D) DATE SIGNED; Section 24 'tl i - -- FLORIDA CERTIFICATE NO.5949 Township 48 South,Range 27East y ACCOMPANY DESCRIPTION NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL 4 k - —...., RAISED SEAL OFA FLORIDA LICENSED SURVEYOR AND MAPPER. ,,,." 2 OF2 1 ? B t{'1 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