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Agenda 09/08/2015 Item # 9A9/8/2015 9.A. EXECUTIVE SUMMARY Recommendation to consider Adoption of an Ordinance establishing the Winding Cypress Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. OBJECTIVE: The Board of County Commissioners to review and consider a petition for the establishment of the Winding Cypress CDD by adoption of an ordinance. BACKGROUND: The Winding Cypress Planned Unit Development (PUD), and Development of Regional Impact (DRI), as originally approved by the Board on December 14, 1999, by Ordinance No. 1999 -93 (DO 99 -4). The original Winding Cypress PUD Ordinance has since been repealed and supplanted by updates, on June 25, 2002 by Ordinance 02 -35 (DO 02 -01), October 08, 2002 by Ordinance 2002 -48, November 10, 2009 by Ordinance 2009 -61, and most recently, on February 25, 2014 by Ordinance No. 2014 -09 (DO 14 -01). CONSIDERATIONS: On June 01, 2015, DiVosta Homes, L.P., Barron Collier Co., LTD., and Barron Collier Partnership, LLC, filed a petition with the Growth Management Department, Zoning Division, Comprehensive Planning Section, for the establishment of the Winding Cypress Community Development District within a portion of the Winding Cypress PUD. A mandatory $15,000 application fee was submitted with the petition. The proposed District is located entirely within Collier County, Florida. The proposed District covers 358.06± acres of land. The site is located in portions of Sections 35, Township 50 South, Range 26 East and part of Section 2 and 3, Township 51 South, Range 26 East. A map showing the location of the land area to be serviced by the District appears as Exhibit "1" to the petition. A metes and bounds description of the proposed CDD can be found in Exhibit "2" of the petition and as Exhibit "A" to the ordinance establishing the CDD. The proposed CDD includes an area planned for approximately 900 residential homes and amenities on 358.06+ acres. As of the date of the first of four advertisements required for the establishment of this CDD, no P.U.D. amendment petitions for this project will be filed with Coiiier County. By adopting the ordinance and granting the petition the Board would authorize the District, through its Board of Supervisors, to manage and finance certain basic infrastructure for the benefit of the landowners and residents of the Winding Cypress Development. This infrastructure, under section 190.012(1), Florida Statutes, includes basic urban systems, facilities and services, including water supply, sewers and wastewater management, surface water control and management (drainage), and roads, bridges and street lights. If adopted this ordinance would consent to further exercise certain additional special powers authorized by Section 190.012(2a) and (2b), Florida Statutes. The powers will include the operation of parks and facilities for indoor and outdoor recreational, cultural, and educational uses, as well as security, including, but not limited to, guard- houses, fences and gates, electronic intrusion- detection systems, and patrol cars, with certain exceptions. Packet Page -24- 9/8/2015 9,A. The District Board of Supervisors is initially elected for the first six years of the duration of this District in a property-based election (one -acre, one - vote), which has been specifically ruled constitutional (State of Florida v. Frontier Acres Community Development Dist., 472 So. 2d 455 (Fla. 1985)). By operation of law, in time, the Supervisors are elected on a one - person, one -vote basis. In order to provide the basic systems, facilities and services, the District has certain management and financing powers. It may only exercise those powers, however, if they comply with certain strict and detailed procedural requirements including ethics in government, disclosure, conflict of interest requirements, noticed meetings, government -in- the - sunshine conduct, accounting and reporting requirements to various local and state agencies, consultants' competitive negotiation procedures, competitive bidding procedures and others. So as to provide these systems, facilities and services, the District also is given certain eminent domain powers, within tight constraints, as well as the authority to require service charges, fees or taxes for the various services rendered, ranging from installation of capital facilities to long- term maintenance and repair. Without the County's consent the aforementioned eminent domain power is limited to the boundaries of the District. Accordingly, if Collier County adopts the ordinance, then it establishes the Winding Cypress Community Development District, as a management tool to benefit both Collier County's existing and future landowners with pinpointed responsibility for timely, efficient, reliable and flexible service provision without burdening the existing taxpayers and financial structure of Collier County. In addition, the District is also a financing tool, off the balance sheet of the County and the developer. It will provide long -range and sustained quality service to initial and subsequent landowners without burdening Collier County and its taxpayers. Finally, such a District may not outlive its practical utility and usefulness. If it ceases to function it will automatically be disbanded by state law. If at any time during its existence Collier County determines by a non - emergency ordinance that it can provide any one of the District services in a more economical manner, over the long term, at lower cost but with higher quality, Collier County may then take that service away from the District and provide the service itself. . Section 190.005, Florida Statutes provides that the exclusive and uniform method for establishment of a CDD of less than 1,000 acres shall be by county ordinance. Section 190.005, Florida Statutes outlines the specific content required in the petition and further outlines six (6) factors for the Board of County Commissioners to consider in determining whether to grant or deny a petition for the establishment of a CDD, as follows: 1. Whether all statements contained within the petition have been found to be true and correct. 2. Whether the creation of the District is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. 3. Whether 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. Packet Page -25- 9/8/2015 9.A. 4. Whether the District is the best alternative available for delivering community development services and facilities to the area that will be served by the District. 5. Whether the community development services and facilities of the District will be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. Whether the area that will be served by the District is amenable to separate special- District government. County legal, and planning staff have reviewed the petition and exhibits submitted by the petitioners (attached) relative to these six (6) factors and have found the proposed Winding Cypress CDD petition to be compliant with each of the six (6) review factors. Staff analysis relative to the six factors can be found in Attachment 2. FISCAL IMPACT: As previously noted, a $15,000 filing fee was submitted with the petition. Exhibit "6" of the petition, "Statement Of Estimated Regulatory Costs for Winding Cypress Community Development District" delineates the fiscal impacts and timing of impacts to be managed by the District. It is noteworthy that the estimated internal infrastructure and services to be financed by the CDD is $39,220,400 consisting of roadway and utilities construction, earthwork and construction of the water management system, and design and permitting work. Community Development District debt is not backed by the County nor is it part of the County's debt portfolio. DISTRICT RESPONSIBILITIES: According to the petition, the Winding Cypress Community Development District, if the ordinance is adopted, will assume responsibility for the following: Earthwork, Wastewater System, Water Supply System, Surface Water Management, Roads and Paving, Landscape & Irrigation, Entrance Features, Fences & Gates, and Other (sidewalks). "SECTION SEVEN" PETITIONER'S COMMITMENTS: The adoption of this Ordinance is predicated upon the material inducements contained in the foregoing Recital setting forth Petitioner's Commitments, re- stated as follows: that the Petitioner, its successors and assigns, shall (l) 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. (3) file with the Board of Supervisors any and all agreements it has with the County. 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. GROWTH MANAGEMENT IMPACT: The 358.06+ acres of the Winding Cypress CDD lies within the Urban Mixed Use District, Urban Residential Fringe Sub - district designation on the Collier County Future Land Use Map. Although the establishment of this District does not constitute any development approval, the plan of development previously approved for the subject property has been determined to be consistent with the Collier County Growth Management Plan (GMP). Accordingly, any future petitions for rezone or development permits will be subsequently reviewed at the time of submittal, and will be subject to the requirements Packet Page -26- 9/8/2015 9.A. and limitations specified in the Collier County Land Development Code (LDC), and will be required to be consistent with the GMP in effect at that time. LEGAL CONSIDERATIONS: This item is authorized under Section 190.005(2), Florida Statutes, is approved as to form and legality and requires a majority vote for Board approval. -JAK RECOMMENDATION: Staff recommends that the Board of County Commissioners consider adoption and enactment of the proposed ordinance establishing the Winding Cypress Community Development District. Prepared by Marcia R. Kendall, Senior Planner Attachments: 1) Staff Analysis of the Six CDD Factors, 2) "Draft" Ordinance with Exhibit `A' metes and bounds, 3) the Winding Cypress CDD Petition & Exhibits; and 4) Advertisements GACD &ES Planning Services /Comprehensive /CDD's/Pending Process/PL20150001252 Winding Cypress CDD /mrk Packet Page -27- 9/8/2015 9.A. COLLIER COUNTY Board of County Commissioners Item Number: 9.9.A. Item Summary: Recommendation to consider Adoption of an Ordinance establishing the Winding Cypress Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. Meeting Date: 9/8/2015 Prepared By Name: KendallMarcia Title: Planner, Senior, Growth Management Department 6/18/2015 10:21:44 AM Submitted by Title: Planner, Senior, Growth Management Department Name: KendallMarcia 6/18/2015 10:21:45 AM Approved By Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 7/29/2015 3:18:26 PM Name: BosiMichael Title: Division Director - Planning and Zoning, Growth Management Department Date: 8/3/2015 8:54:15 AM Name: WilkisonDavid Date: 8/6/2015 8:08:24 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 8/22/2015 10:20:17 AM Name: KlatzkowJeff Packet Page -28- Title: County Attorney, Date: 8/26/2015 1:40:40 PM 9/8/2015 9.A. Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 8/26/2015 2:20:38 PM Name: KlatzkowJeff Title: County Attorney, Date: 8/26/2015 3:47:02 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 8/27/2015 8:41:19 AM Packet Page -29- 9/8/2015 9.A. ATTACHMENT 2 STAFF ANALYSIS RELATIVE TO THE SIX (6) FACTORS FOR COMMUNITY DEVELOPMENT DISTRICT FORMATION FOR WINDING CYPRESS CDD BACKGROUND: Section 190.005(2)(c), Florida Statutes, outlines the specific content required in a Community Development District (CDD) petition and further outlines six (6) factors for the Board of County Commissioners to consider in determining whether to grant or deny a petition for the establishment of a CDD, as follows: 1. Whether all statements contained within the petition have been found to be true and correct. 2. Whether the creation of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. 3. Whether 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. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. 5. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. Whether the area that will be served by the district is amenable to separate special - district government. Zoning Division, Comprehensive Planning Section staff has reviewed the six factors referenced above and makes the following findings with regard to the proposed Winding Cypress Community Development District: 1. Whether all statements contained within the petition have been found to be true and correct. Zoning Division, Comprehensive Planning Section staff, along with the staff of the County Attorney's Office, has reviewed the referenced Community Development District petition. Based upon the review of the petition and sufficiency information, staff believes that the information found within these documents is substantially true and correct. 2. Whether the creation of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. 1 Packet Page -30- 9/8/2015 9.A. The Winding Cypress P.U.D. is also an approved Development of Regional Impact (DRI) originally approved by the Board of County Commissioners in 2006. As part of the approval process, the development was found to be consistent with the Growth Management Plan in effect at that time. The entire P.U.D. lies within the Urban Mixed Use District, Urban Residential Fringe Subdistrict, as depicted on the Collier County Future Land Use Map. The proposed CDD would be a unit of local government established specifically for the purpose of carrying out the approved Master Development Plan and commitments of this portion of the Winding Cypress P.U.D. The CDD does not authorize any form or amount of development not previously approved by the Board of County Commissioners. Therefore, staff finds that the establishment of the CDD is consistent with the Collier County Growth Management Plan. As to consistency with the State Comprehensive Plan, the County staff notes that the CDD process is established within Section 190 of the Florida Statutes. The petitioner has not deviated from the standard process, as established by the Statute. Section 187.201, Florida Statutes, contains the text of the State's Comprehensive Plan. Subsection (2)(a) is the State Plan Goal for Governmental Efficiency, which reads as follows: " Goal. -- Florida governments shall economically and efficiently provide the amount and quality of services required by the public." Policy 2 within this goal area reads as follows: "2. Allow the creation of independent special taxing districts which have uniform general law standards and procedures and do not overburden other governments and their taxpayers while preventing the proliferation of independent special taxing districts which do not meet these standards." As an "independent special taxing district ", the proposed CDD is consistent with the State Comprehensive Plan. 3: Whether 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. The proposed Winding Cypress Community Development District, if approved, would be within the size range of other CDDs within Collier County. For instance, the Heritage Greens CDD comprises approximately 252.00± acres, the Cedar Hammock CDD comprising approximately 417.30± acres in size, and the Naples Heritage CDD approximately 557.00 acres. Based upon previous experience and the subsequent success of other Collier County CDDs, Comprehensive Planning staff believes that the Winding Cypress Community Development District meets the above criteria. 4. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. 2 Packet Page -31- 9/8/2015 9.A. As noted within Exhibit 6 of the CDD petition, the petitioner has estimated the costs for providing the capital facilities to be approximately $39,220.400. The District may issue special assessment bonds to fund all or a portion of the costs of these facilities. These bonds would be repaid through non -ad valorem special assessments levied on all properties in the District that may benefit from the District's infrastructure program. However, staff leaves the establishment of the proposed CDD to the Board of County Commissioners, as the best alternative available for delivering community development services and facilities to the area that will be served by the proposed district. 5. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. The proposed CDD cannot develop any facilities and services that are incompatible with the surrounding area. This is because the CDD's sole purpose is to implement conditions and developer commitments that were part of the original P.U.D. and DRI approvals. The District Board of Supervisors will not have the legal authority to implement any facilities, services or development that would be inconsistent with its existing development approvals. 6. Whether the area that will be served by the district is amenable to separate special - district government. Based upon staff findings concerning the previous five criteria, Comprehensive Planning staff finds that the subject area for the proposed CDD is amenable to special district government. Packet Page -32- 9/8/2015 9.A. ORDINANCE NO. 2015- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT LOCATED IN UNINCORPORATED COLLIER COUNTY AND CONTAINING APPROXIMATELY 358.06 ACRES; PROVIDING FOR THE AUTHORITY FOR ORDINANCE; PROVIDING FOR THE ESTABLISHMENT OF THE BOUNDARIES FOR THE WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR THE DESIGNATION OF 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, DiVosta Homes, LP, Barron Collier Co. LTD., and Barron Collier Partnership, LLLP, of which the managing members Brian Yonaley on behalf of DiVosta Homes, LP and Douglas E. Baird on behalf of Barron Collier LTD., and Barron Collier Partnership, LLLP, has petitioned the Board of County Commissioners (Board) of Collier County, Florida, a political subdivision of the State of Florida, to establish the WINDING CYPRESS 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 in that it meets the requirements of Sections 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. 1 Packet Page -33- 9/8/2015 9.A. 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. 6. The area that will be served by the District is amenable to separate special- district government; and 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; and WHEREAS, pursuant to Section 190.012 (2)(a) and (2)(d), Florida Statutes, upon the establishment of the proposed community development district, the District Board of Supervisors have sought the right to 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: 2 Packet Page -34- 9/8/2015 9.A. 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. SECTION TWO: ESTABLISHMENT OF THE WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT. The Winding Cypress 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. David Genson 3. Michael Hueniken 2. Laura Ray 4. Patrick Butler 5. Scott Brooks SECTION FOUR: DISTRICT NAME The community development district herein established shall henceforth be known as the "Winding Cypress Community Development District." SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT The Winding Cypress Community Development District shall be governed by the provisions of Chapter 190, Florida Statutes, and all other applicable general and local law. SECTION SIX: CONSENT TO SPECIAL POWERS 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)(a) and (d), Florida Statutes, to plan establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for: (i) parks and facilities for indoor and outdoor recreational, cultural, and education uses and (ii) security, including, but not limited to, guardhouses, fences and gates, 3 Packet Page -35- 9/8/2015 9.A. electronic intrusion detection systems, and patrol cars, as authorized by proper governmental agencies, provided however 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 Recital setting forth Petitioner's Commitments, re- stated as follows: that the Petitioner, its successors and assigns, shall (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 SEVERABI ITY 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. 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. 4 Packet Page -36- 9/8/2015 9.A PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2015. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA 5 Packet Page -37- TIM NANCE, CHAIRMAN 9/8/2015 9.A. FXHIIBIT A Legal Description All of Tracts "Al", "K ", "L ", and "M" and part of Tract "D", Veronawalk Phase 4C, Plat Book 50, pages 25 -30, and part of Tract "A ", Veronawalk Phase 4C, Benelli and Karina Court Replat, Plat Book 51, pages 44 -45 and part of Section 35, Township 50 South, Range 26 East, and part of Sections 2 and 3, Township 51 South, Range 26 East, Collier County, Florida. (Winding Cypress CDD) All of Tracts "Al ", "K ", "L" and "M ", according to the plat of Veronawalk Phase 4C, Plat Book 50, pages 25 -30, Collier County, Florida, being more particularly described as follows; Beginning at the Southeast corner of said Tract "M'; Thence along the boundary of said Veronawalk Phase 4C, plat in the following four (4) described courses: 1. North 89 007'05" West 539.68 feet; 2. North 35 °39'05" East 175.97 feet; 3. 1066.66 feet along the arc of a circular curve concave northwest having a radius of 2,964.93 feet through a central angle of 20 °36'46" and being subtended by a chord which bears North 25 020'42" East 1060.92 feet; 4. South 00 °52'55" West 1110.23 feet to the Point of Beginning. Containing 5.72 acres more or less. ALSO INCLUDE THE FOLLOWING: All that part of Tract "D ", according to the plat of Veronawalk Phase 4C, Plat Book 50, pages 25 -30, and that part of Tract "A ", according to the plat of Veronawalk Phase 4C, Benelli and Karina Court Replat, Plat Book 51, pages 44 -45, and part of Section 35, Township 50 South, Range 26 East, and part of Sections 2 and 3, Township 51 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commencing at the Southeast corner of said Tract "M "; Thence along the boundary of said Veronawalk Phase 4C, plat North 00 052'55" East 46.54 feet, Thence leaving said boundary South 89 °07'05" East 100.00 feet to a point on the boundary of said Veronawalk Phase 4C, plat and the Point of Beginning; Thence leaving said boundary 36.59 feet along the arc of a circular curve concave southwest having a radius of 212.00 feet through central angle of 09 °53'19" and being subtended by a chord which bears South 55 °48'15" East 36.54 feet to a point of compound curve; Thence 39.43 feet along the arc of a circular curve concave southwest having a radius of 92.00 feet through a central angle of 24 033'16" and being subtended by a chord which bears South 38 °34'57" East 39.13 feet to a point of reverse curvature; Thence 16.44 feet along the arc of a circular curve concave northeast having a radius of 15..00 feet through a central angle of 62 °48'46" and being subtended by a chord which bears South 57 042'42" East 15.63 feet; Thence south 00 051'45" west 10.02 feet; Thence south 89 °08'15" east 44.46 feet; Packet Page -38- 9/8/2015 9.A. Thence South 00 052'55" West 60.00 feet; Thence 22.98 feet along the arc of a non- tangential circular curve concave southeast having a radius of 14.00 feet through a central angle of 94 °02'59" and being subtended by a chord which bears South 43 051'26" West 20.49 feet to a point of reverse curvature; . Thence 53.28 feet along the arc of a circular curve concave west having a radius of 190.00 feet through a central angle of 16 °03'56" and being subtended by a chord which bears South 04 051'54" West 53.10 feet to a point of reverse curvature; Thence 148.90 feet along the arc of a circular curve concave east having a radius of 710.00 feet through a central angle of 12 °00'57" and being subtended by a chord which bears South 06 053'24" West 148.63 feet; Thence South 00 °52'55" West 115.60 feet; Thence 127.81 feet along the arc of a circular curve concave east having a radius of 710.00 feet through a central angle of 10 °18'51" and being subtended by a chord which bears South 04 016'31" East 127.64 feet to a point of reverse curvature; Thence 235.43 feet along the arc of a circular curve concave west having a radius of 620.00 feet through a central angle of 21 °45'25" and being subtended by a chord which bears South 01 °26'46" West 234.02 feet to a point of reverse curvature; Thence 92.24 feet along the arc of a circular curve concave east having a radius of 460.00 feet through a central angle of 11 02923" and being subtended by a chord which bears South 06 °34'48" West 92.09 feet; Thence South 00 °50'06" West 327.80 feet; Thence 74.98 feet along the arc of a circular curve concave east having a radius of 155.00 feet through a central angle of 27 043'04" and being subtended by a chord which bears South 13 001'26" East 74.25 feet to a point of compound curve; Thence 7.98 feet along the arc of a circular curve concave northeast having a radius of 260.00 feet through a central angle of 01045'29" and being subtended by a chord which bears South 27 045'42" East 7.98 feet to a point on the Release of Easement as recorded in Official Records Book 4993, page 3624, of the public records of Collier County, Florida; Thence along said easement 30.87 feet along the arc of a circular curve concave northeast having a radius of 260.00 feet through a central angle of 06 048'07" and being subtended by a chord which bears South 32 °02'30" East 30.85 feet to a point on the Conservation Area 2, as recorded in Official Records Book 5056, page 3117, of the public records of Collier County, Florida; Thence along said conservation area in the following five (5) described courses: 1. 264.41 feet along the arc of a circular curve concave northeast having a radius of 260.00 feet through a central angle of 58 016'05" and being subtended by a chord which bears South 64 034'36" East 253.16 feet; 2. North 86 017'21" East 287.25 feet; 3. 366.32 feet along the arc of a circular curve concave south having a radius of 440.00 feet through a central angle of 47 042'04" and being subtended by a chord which bears South 69 051'37" East 355.83 feet to a point of reverse curvature; 4. 245.43 feet along the arc of a circular curve concave northeast having a radius of 960.00 feet through a central angle of 14 °38'52" and being subtended by a chord which bears South 53 °20'01" East 244.76 feet; 5. South 60 °39'27" East 8.76 feet to a point on the west line of the 110' Florida Power & Light Easement as described in Official Records Book 853, page 318, Packet Page -39- 9/8/2015 9.A. of the public records of Collier County, Florida; Thence along said easement North 00 037'53" East 866.36 feet to a point on the plat boundary of said Veronawalk Phase 4C; Thence along said boundary South 89 022'07" East 110.00 feet to a point on the east line of said 110' Florida Power & Light Easement and Conservation Area 1, as recorded in said Official Records Book 5056, page 3117; Thence along said conservation area in the following sixty three (63) described courses: 1. South 00 037'53" West 926.61 feet; 2. South 60 °39'27" East 159.53 feet; 3. 36.37 feet along the arc of a circular curve concave northeast having a radius of 460.00 feet through a central angle of 04 °31'50" and being subtended by a chord which bears South 62 055'22" East 36.36 feet; 4. South 65° 11' 17" East 9140 feet; 5. 35.43 feet along the arc of a circular curve concave north having a radius of 25.00 feet through a central angle of 81 ° 12'09" and being subtended by a chord which bears North 74 °12'38" East 32.54 feet to a point of reverse curvature; 6. 301.32 feet along the arc of a circular curve concave southeast having a radius of 400.00 feet through a central angle of 43 °09'41" and being subtended by a chord which bears North 55 01124" East 294.25 feet; 7. 89.92 feet along the arc of a non - tangential circular curve concave northeast having a radius of 80.00 feet through a central angle of 64 °24'09" and being subtended by a chord which bears North 31 009'18" West 85.26 feet to a point of compound curve; 8. 558.78 feet along the arc of a circular curve concave southeast having a radius of 405.00 feet through a central angle of 79 °03'03" and being subtended by a chord which bears North 40 °34'18" East 515.50 feet; 9. North 80 005'50" East 343.53 feet; 10. 337.54 feet along the arc of a non - tangential circular curve concave west having a radius of 895.00 feet through a central angle of 21 036'31" and being subtended by a chord which bears North 15 033'06" East 335.54 feet to a point of reverse curvature; 11. 113.76 feet along the arc of a circular curve concave southeast having a radius of 80.00 feet through a central angle of 81028'30" and being subtended by a chord which bears North 45 029'06" East 104.42 feet to a point of reverse curvature; 12. 115.53 feet along the arc of a circular curve concave north having a radius of 355.00 feet through a central angle of 18 038'47" and being subtended by a chord which bears North 76 °53'57" East 115.02 feet to a point of reverse curvature; 13.35.84 feet along the arc of a circular curve concave south having a radius of 80.00 feet through a central angle of 25 040'03" and being subtended by a chord which bears North 80 °24'36" East 35.54 feet; 14. 220.76 feet along the arc of a non - tangential circular curve concave south having a radius of 60.00 feet through a central angle of 210 "48'28" and being subtended by a chord which bears North 71 °24'51" East 115.69 feet to a point of compound curve; 15. 634.31 feet along the arc of a circular curve concave west having a radius of 1,225.00 feet through a central angle of 29 °40'05" and being subtended -by a Packet Page -40- 9/812015 9.A. chord which bears South 11 039'07" West 627.25 feet; 16. 57.07 feet along the arc of a non - tangential circular curve concave southeast having a radius of 680.00 feet through a central angle of 04 °48'32" and being subtended by a chord which bears South 31026'09" West 57.06 feet; 17.247.46 feet along the arc of a non - tangential circular curve concave northwest having a radius of 325.00 feet through a central angle of 43 037'33" and being subtended by a chord which bears South 58 017'03" West 241.53 feet; 18. South 80 005'50" West 346.06 feet; 19. 90.88 feet along the arc of a circular curve concave southeast having a radius of 75.00 feet through a central angle of 69 °25'31" and being subtended by a chord which bears South 45 023'04" West 85.42 feet to a point of compound curve; 20. 47.77 feet along the arc of a circular curve concave northeast having a radius of 25.00 feet through a central angle of 109 °29'09" and being subtended by a chord which bears South 44 00416" East 40.83 feet; 21. North 81 011'09" East 142.81 feet; 22. 331.15 feet along the arc of a circular curve concave south having a radius of 340.00 feet through a central angle of 55 048'17" and being subtended by a chord which bears South 70 054'42" East 318.22 feet to a point of reverse curvature; 23.476.72 feet along the arc of a circular curve concave north having a radius of 460.00 feet through a central angle of 59 022'40" and being subtended by a chord which bears South 72 041'54" East 455.67 feet to a point of reverse curvature; 24. 584.33 feet along the arc of a circular curve concave south having a radius of 540.00 feet through a central angle of 61059'59" and being subtended by a chord which bears South 71 "23'15" East 556.24 feet; 25. North 26 051'05" West 28.49 feet; 26. 170.45 feet along the arc of a circular curve concave southeast having a radius of 95.00 feet through a central angle of 102 °47'57" and being subtended by a chord which bears North 24 032'54" East 148.49 feet to a point of reverse curvature; 27. 104.46 feet along the arc of a circular curve concave northwest having a radius of 115.35 feet through a central angle of 51 °53'11" and being subtended by a chord which bears North 50 000'16" East 100.93 feet to a point of reverse curvature; 28. 129.68 feet along the arc of a circular curve concave southeast having a radius of 145.00 feet through a central angle of 51014'28" and being subtended by a chord which bears North 49 040'54" East 125.40 feet to a point of reverse curvature; 29. 81.60 feet along the arc of a circular curve concave northwest having a radius of 117.85 feet through a central angle of 39 040'20" and being subtended by a chord which bears North 55 027'58" East 79.98 feet to a point of reverse curvature; 30. 372.72 feet along the arc of a circular curve concave south having a radius of 175.00 feet through a central angle of 122 001'43" and being subtended by a chord which bears South 83 °21'21" East 306.16 feet to a point of reverse curvature; 31. 91.63 feet along the arc of a circular -curve concave northeast having a radius Packet Page -41- 9/8/2015 9.A. of 158.38 feet through a central angle of 33 008'57" and being subtended by a chord which bears South 38"54'58" East 90.36 feet to a point of reverse curvature; 32. 166.84 feet along the arc of a circular curve concave southwest having a radius of 245.00 feet through a central angle of 39 001'04 ".and being subtended by a. chord which bears South 35 058'54" East 163.64 feet to a point of reverse curvature; 33. 181.48 feet along the arc of a circular curve concave northeast having a radius of 429.65 feet through a central angle of 24 012'02" and being subtended by a chord which bears South 28 °34'23" East 180.13 feet to a point of reverse curvature; 34.239.71 feet along the arc of a circular curve concave west having a radius of 245.00 feet through a central angle of 56 °03'32" and being subtended by a chord which bears South 12 °38'38" East 230.26 feet to a point of reverse curvature; 35. 74.33 feet along the arc of a circular curve concave east having a radius of 185.76 feet through a central angle of 22 °55'39" and being subtended by a chord which bears South 03 055'18" West 73.84 feet to a point of reverse curvature; 36. 67.75 feet along the arc of a circular curve concave west having a radius of 145.00 feet through a central angle of 26 046'20" and being subtended by a chord which bears South 05 050'39" West 67.14 feet; 37. 141.66 feet along the arc of a non - tangential circular curve concave northwest having a radius of 226.10 feet through a central angle of 35 053'49" and being subtended by a chord which bears South 22 °41'58" West 139.35 feet to a point of compound curve; 38. 140.81 feet along the arc of a circular curve concave northwest having a radius of 1.87.54 feet through a central angle of 43 001'07" and being subtended by a chord which bears South 62 °09'26" West 137.52 feet to a point of compound curve; 39. 19.01 feet along the arc of a circular curve concave north having a radius of 145.54 feet through a central angle of 07 °29'02" and being subtended by a chord which bears South 87 °24'30" West 19.00 feet to a point of compound curve; 40. 141.49 feet along the arc of a circular curve concave northeast having a radius of 80.00 feet through a central angle of 101'19'52" and being subtended by a chord which bears North 38 °11'02" West 123.75 feet; 41. 12.05 feet along the arc of a non - tangential circular curve concave east having a radius of 319.94 feet through a central angle of 02 009'27" and being subtended by a chord which bears North 09 °21'20" West 12.05 feet; 42. North 55 034'17" West 88.67 feet; 43. South 37 009'39" West 65.33 feet; 44. 38.05 feet along the arc of a circular curve concave east having a radius of 25.00 feet through a central angle of 87 012'14" and being subtended by a chord which bears South 06 °26'28" East 34.48 feet to a point of reverse curvature; 45. 19.89 feet along the arc of a circular curve concave southwest having a radius of 1,000.00 feet through a central angle of 01 008'22" and being subtended by a chord which bears South 49 028'24" East 19.89 feet; 46. 56.31 feet along the arc of a non - tangential circular curve concave southwest Packet Page -42- 9/8/2015 9.A. having a radius of 1,083.30 feet through a central angle of 02 °58'42" and being subtended by a chord which bears South 47 °17'17" East 56.31 feet; 47. South 46 004'40" East 470.33 feet; 48. North 48 019'55" East 102.73 feet; 49. 51.97 feet along the arc of a circular curve concave southeast having a radius of 157.42 feet through a central angle �of 18 °54'57" and being subtended by a chord which bears North 57 047'24" East 51.74 feet to a point of reverse curvature; 50. 84.65 feet along the arc of a circular curve concave northwest having a radius of 155.00 feet through a central angle of 31 °17'34" and being subtended by a chord which bears North 51036'06" East 83.61 feet to a point of reverse curvature; 51. 119.34 feet along the are of a circular curve concave southeast having a radius of 145.00 feet through a central angle of 47 °09'16" and being subtended by a chord which bears North 59 031'57" East 116.00 feet to a point of compound curve; 52. 220.29 feet along the arc of a circular curve concave south having a radius of 321.79 feet through a central angle of 39 °13'22" and being subtended by a chord which bears South 77 016'44" East 216.01 feet; 53. 153.70 feet along the arc of a non- tangential circular curve concave south having a radius of 88.95 feet through a central angle of 99 °00'10" and being subtended by a chord which bears South 78 014'19" East 135.28 feet; 54. 138.88 feet aiong the arc of a non- tangential circular curve concave southwest having a radius of 110.15 feet through a central angle of 72 014'33" and being subtended by a chord which bears South 33 °25'12" East 129.87 feet; 55. 28.54 feet along the arc of a non - tangential circular curve concave southwest having a radius of 405.00 feet through a central angle of 04 002'16" and being subtended by a chord which bears South 38028'30" East 28.54 feet to a point of reverse curvature; 56. 17.91 feet along the arc of a circular curve concave northeast having a radius of 55.00 feet through a central angle of 18 °39'33" and being subtended by a chord which bears South 45 °47'09" East 17.83 feet; 57. 12.28 feet along the arc of a non- tangential circular curve concave southwest having a radius of 127.56 feet through a central angle of 05 °30'55" and being subtended by a chord which bears South 5105633" East 12.27 feet; 58. 88.93 feet along the arc of 'a non - tangential circular curve concave southwest having a radius of 139.88 feet through a central angle of 36 025'35" and being subtended by a chord which bears South 31 °13'36" East 87.44 feet to a point of reverse curvature; 59. 45.34 feet along the arc of a circular curve concave east having a radius of 166.86 feet through a central angle of 15 034'09" and be subtended by a chord which bears South 20 047'53" East 45.20 feet; 60. 62.01 feet along the arc of a non - tangential circular curve concave south having a radius of 85.00 feet through a central angle of 41048'04" and being subtended by a chord which bears South 76 038'18" East 60.65 feet to a point of compound curve; 6T. 47.14 feet along the arc of a circular curve concave southwest having a radius of 140.00 feet through a central angle of 19 017'27" and being subtended by a chord which bears South 46 005'33" East 46.91 feet to a point of compound Packet Page -43- 9/8/2015 9.A. curve; 62. 45.05 feet along the. arc of a circular curve concave west having a radius of 83.87 feet through a central angle of 30 046'38" and being subtended by a chord which bears South 21003'30" East 44.51 feet; 63. 18.56 feet along the arc of a non- tangential circular curve concave southwest having a radius of 146.54 feet through a central angle of 07 015'25" and being subtended by a chord which bears South 36 034'08" East 18.55 feet to a point on the east line of said Section 35; Thence along said east line South 00 023'29" West 357.29 feet to the northeast corner of said Section 2; Thence along the east line of said Section 2, South 00 040'26" West 2,801.59 feet to the East Quarter Corner of said Section 2; Thence continue along said east line South 00 040'46" West 1424.99 feet to a point on the Conservation Easement, according to Official Records Book 3387, page 2951, of the public records of Collier County, Florida; Thence along said conservation easement in the following five (5) described courses: 1. North 90 °00'00" West 20.00 feet; 2. North 86 053'29" West 233.86 feet; 3. North 26 043'02" West 170.36 feet; 4. North 50 020'48" West 175.24 feet; 5. 73.39 feet along the arc of a circular curve concave northeast having a radius of 780.00 feet through a central angle of 05 °23'27" and being subtended by a chord which bears North 47 039'05" West 73.36 feet; to a point on Conservation Area 6, as recorded in said Official Records Book 5056, page 3117; Thence along said conservation area in the following nine (9) described courses: 1. 199.56 feet along the arc of a non - tangential circular curve concave east having a radius of 110.00 feet through a central angle of 103 °56'36" and being subtended by a chord which bears North 16 °00'45" East 173.30 feet; 2. 264.83 feet along the arc of a non - tangential circular curve concave north having a radius of 1,275.79 feet through a central angle of 11 °53'36" and being subtended by a chord which bears North 74 034'25" West 264.35 feet to a point of reverse curvature; 3. 116.25 feet along the arc of a circular curve concave south having a radius of 475.00 feet through a central angle of 14 001'22" and being subtended by a chord which bears North 75 °38'18" West 115.96 feet to a point of reverse curvature; 4. 413.80 feet along the arc of a circular curve concave northeast having a radius of 325.00 feet through a central angle of 72 057'05' and being subtended by a chord which bears North 46 010'26" West 386.41 feet; 5. North 09 °41'53" West 119.62 feet; 6. 217.32 feet along the arc of a circular curve concave west having a radius of 1,150.00. feet through a central angle of 10 °49'38" and being subtended by a chord which bears North 15 006'42" West 217.00 feet; 7. North 20 °31'32" West 615.95 feet; 8. 456.38 feet along the arc of a circular curve concave east having a radius of 325.00 feet through a central angle of 80 °27'24" and being subtended by a chord which bears North 19 042'10" East 419.79 feet; 9. North 30 °04'08" West 44.61 feet ;to a point on Conservation Area 4, as recorded in said Official Records Book 5056, page 3117; Packet Page -44- 9/8/2015 9.A. Thence along said conservation area in the following thirty seven (37) described courses: 1. North 61'47'59" West 34.89 feet; 2. 66.69 feet along the arc of a non - tangential circular curve concave northeast having a radius of 80.00 feet through a central angle of 47 045'39" and being subtended by a chord which bears North 53 000'45" West 64.77 feet to a point of reverse curvature; 3. 24.77 feet along the arc of a circular curve concave southwest having a radius of 155.00 feet through a central angle of 09 °09'23" and being subtended by a chord which bears North 33 °42'37" West 24.74 feet; 4. North 87 °36'05" East 0.03 feet; 5. 622.99 feet along the arc of a non- tangential circular curve concave east having a radius of 605.00 feet through a central angle of 58 059'57" and being subtended by a chord which bears North 07 °43'45" West 595.82 feet to a point of reverse curvature; 6. 120.31 feet along the arc of a circular curve concave west having a radius of 395.00 feet through a central angle of 17 °27'04" and being subtended by a chord which bears North 13 002'42" East 119.84 feet; 7. North 04 °19'10" East 928.14 feet; 8. 280.21 feet along the arc of a circular curve concave east having a radius of 455.00 feet through a central angle of 35 °17'06" and being subtended by a chord which bears North 21057'43" East 275.80 feet to a point of reverse curvature; 9. 479.15 feet along the arc of a circular curve concave west having a radius of 755.00 feet through a central angle of 36 021'43" and being subtended by a chord which bears North 21 °25'25" East 471.15 feet to a point of reverse curvature; 10. 147.04 feet along the arc of a circular curve concave southeast having a radius of 165.00 feet through a central angle of 51003'29" and being subtended by a chord which bears North 28 °46'18" East 142.22 feet; 11. North 54 °18'01" East 100.75 feet; 12. North 46 °04'40" West 443.33 feet; 13. 292.02 feet along the arc of a non- tangential circular curve concave southwest having a radius of 920.00 feet through a central angle of 18 °11'10" and being subtended by a chord which bears North 54 044'06" West 290.79 feet to a point of reverse curvature; 14.245.24 feet along the arc of a circular curve concave northeast having a radius of 380.00 feet through a central angle of 36 058'37" and being subtended by a chord which bears North 45 020'23" West 241.01 feet; 15. North 26 051'05" West 178.94 feet; 16. 606.44 feet along the arc of a circular curve concave southwest having a radius of 460.00 feet through a central angle of 75 032'09" and being subtended by a chord which bears North 64 037'10" West 563.47 feet to a paint of reverse curvature; 17. 515.19 feet along the arc of a circular curve concave north having a radius of 540.00 feet through a central angle of 54 039'50" and being subtended by a chord which bears North 75 003'19" West 495.88 feet; 18. 602.98 feet along the arc of a non - tangential circular curve concave northwest having a radius of 340.00 feet through a central angle of 101 °36'47" and being Packet Page -45- 9/8/2015 9.A. subtended by a chord which bears South 33 °59'10" West 527.01 feet to a point of reverse curvature; 19. 5.06 feet along the arc of a circular curve concave southeast having a radius of 5.00 feet through a central angle of 57 056'41" and being subtended by a chord which bears South 55 °49'13" West 4,84 feet to a point of reverse curvature; 20. 56.98 feet along the arc of a circular curve concave northwest having a radius of 100.00 feet through a central angle of 32 °38'47" and being subtended by a chord which bears South 43 °10'16" West 56.21 feet; 21. 63.75 feet along the arc of a non- tangential circular curve concave northwest having a radius of 280.48 feet through a central angle of 13 °01'24" and being subtended by a chord which bears South 22 053'00" West 63.62 feet to a point of compound curve; 22. 126.04 feet along the arc of a circular curve concave northwest having a radius of 169.65 feet through a central angle of 42 °34'00" and being subtended by a chord which bears South 50 °40'43" West 123.16 feet to a point of reverse curvature; 23. 47.78 feet along the arc of a circular curve concave southeast having a radius of 113.19 feet through a central angle of 24 °11'12" and being subtended by a chord which bears South 59 052'07" West 47.43 feet to a point of compound curve; 24.200.47 feet along the arc of a circular curve concave southeast having a radius of 1,314.26 feet through a central angle of 08 °44'22" and being subtended by a chord which bears South 43 °24'20" West 200.27 feet to a point of reverse curvature; 25. 84.46 feet along the arc of a circular curve concave northwest having a radius of 172.18 feet through a central angle of 28 °06'14" and being subtended by a chord which bears South 53 005'16" West 83.61 feet; 26. South 60 024'35" West 39.84 feet; 27. South 65 052'08" West 40.59 feet; 28. South 62 032'30" West 35.98 feet; 29. South 79 007'18" West 33.82 feet; 30. South 80 004'49" West 51.86 feet; 31. South 76 052'28" West 25.31 feet; 32. North 13 007'32" West 27.50 feet; 33. 57.82 feet along the arc of a non - tangential circular curve concave northwest having a radius of 80.00 feet through a central angle of 41'24'34" and being subtended by a chord which bears South 54 °08'48" West 56.57 feet to a point of reverse curvature; 34. 112.36 feet along the arc of a circular curve concave southeast having a radius of 135.00 feet through a central angle of 47 041'09" and being subtended by a chord which bears South 51 °00'31" West 109.14 feet to a point of reverse curvature; 35. 117.78 feet along the arc of a circular curve concave northwest having a radius of 245.00 feet through a central angle of 27 032'35" and being subtended by a chord which bears South 40 °56'14" West 116.65 feet to a point of reverse curvature; 36. 73.43 feet along the arc of a circular curve concave southeast having a radius of 1,285.00 feet through a central angle of 03 °16'27" and being subtended by a chord which bears South 53 °04'18" West 73.42 feet to a point of reverse Packet Page -46- 9/8/2015 9.A. curvature; 37. 90.95 feet along the arc of a circular curve concave north having a radius of 80.00 feet through a central angle of 65 008'29" and being subtended by a chord which bears South 84 000'19" West 86.13 feet to a point on the east line of said 110' Florida Power & Light Easement; Thence along said easement South 00 037'53" West 530.80 feet; Thence continue along said easement line South 00 042'08" West 4,684.26 feet to a point on the northeast right -of -way line of U.S 41 (Tamiami Trail); Thence along said northeast right -of -way line North 54 °21'26" West 2,431.67 feet; Thence leaving said line North 20 °14'55" East 1,813.62 feet.to a point on Conservation Area 3, as recorded in said Official Records Book 5056, page 3117; Thence along said conservation area in the,following forty four (44) described courses: 1. 84.70 feet along the arc of a non - tangential circular curve concave southeast having a radius of 195.00 feet through a central angle of 24 °53'11" and being subtended by a chord which bears North 57 001'01" East 84.03 feet to a point of reverse curvature; 2. 58.41 feet along the arc of a circular curve concave northwest having a radius of 500.00 feet through a central angle of 06 041'35" and being subtended by a chord which bears North 66 006'49" East 58.37 feet; 3. North 62 017'07" East 8.41 feet; 4. 67.30 feet along the arc of a non- tangential circular curve concave northwest having a radius of 500.00 feet through a central angle of 07 °42'41" and being subtended by a chord which bears North 57 °56'51" East 67.24 feet to a point of reverse curvature; 5. 69.95 feet along the arc of a circular curve concave southeast having a radius of 195.00 feet through a central angle of 20 03313" and being subtended by a chord which bears North 64022'OT' East 69.58 feet to a point of reverse curvature; 6. 39.91 feet along the arc of a circular curve concave northwest having a radius of 105.00 feet through a central angle of 21'46'46" and being subtended by a chord which bears North 63 045'21" East 39.67 feet to a point of reverse curvature; 7. 177.62 feet along the arc of a circular curve concave south having a radius of 220.00 feet through a central angle of.46 015'31" and being subtended by a chord which bears North 75 °59'43" East 172.84 feet to a point of reverse curvature; 8. 26.79 feet along the arc of a circular curve concave north having a radius of 105.00 feet through a central angle of 14 037'09" and being subtended by a chord which bears South 88 °11'06" East 26.72 feet to a point of reverse curvature; 9. 113.18 feet along the arc of a circular curve concave southwest having a radius of 80.00 feet through a central angle of 81 °03'38" and being subtended by a chord which bears South 54 °57'51" East 103.98 feet; 10. South 14 026'03" East 27.08 feet; 11. 36.23 feet along the arc of a circular curve concave west having a radius of 80.00 feet through a central angle of 25 °56'40" and being subtended by a chord which bears South 01027'43" East 35.92 feet; 12. North 75 033'57" East 65.15 feet; 13. North 14 °26'03" West 437.37 feet; Packet Page -47- 9/8/2015 9.A. 14. 80.57 feet along the arc of a circular curve concave east having a radius of 540.00 feet through a central angle of 08 032'56" and being subtended by a chord which bears North 10 009'35" West 80.50 feet; 15. North 03 009'49" West 51.28 feet; 16. 296.94 feet along the arc of a non- tangential circular curve concave east having a radius of 529.69 feet through a central angle of 32 007'10" and being subtended by a chord which bears North 15 011'33" East 293.06 feet; 17. 54.42 feet along the arc of a non - tangential circular curve concave north having a radius of 80.00 feet through a central angle of 38 058'19" and being subtended by a chord which bears South 89 016'48" West 53.37 feet to a point of compound curve; 18. 115.22 feet along the arc of a circular curve concave northeast having a radius of 780.00 feet through a central angle of 08 °27'48" and being subtended by a chord which bears North 67 000'08" West 115.11 feet to a point of reverse curvature; 19. 21.63 feet along the arc of a circular curve concave south having a radius of 55.00 feet through a central angle of 22 032'05" and being subtended by a chord which bears North 74 002'16" West 21.49 feet to a point of reverse curvature; 20. 125.18 feet along the arc of a circular curve concave north having a radius of 220.00 feet through a central angle of 32 036'05" and being subtended by a chord which bears North 69 000'16" West 123.50 feet; 21. 43.11 feet along the arc of a non - tangential circular curve concave northeast having a radius of 92.24 feet through a central angle of 26 046'52" and being subtended by a chord which bears North 47 °07'53" West.42.72 feet; 22. 44.62 feet along the arc of a non - tangential circular curve concave northeast having a radius of 220.00 feet through a central angle of 11 037'18" and being subtended by a chord which bears North 35 °44'54" West 44.55 feet to a point of reverse curvature; 23. 50.71 feet along the arc of a circular curve concave southwest having a radius of 155.00 feet through a central angle of 18 044'41" and being subtended by a chord which bears North 39 °18'36" West 50.48 feet to a point of reverse curvature; 24. 130.47 feet along the arc of a circular curve concave northeast having a radius of 145.00 feet through a central angle of 51 033'10" and being subtended by a chord which bears North 22 °54'21" West 126.11 feet to a point of reverse curvature; 25. 34.14 feet along the arc of a circular curve concave west having a radius of 55.00 feet through a central angle of 35 034'06" and being subtended by a chord which bears North 14 054'49" West 33.60 feet to a point of reverse curvature; 26. 78.06 feet along the arc of a circular curve concave east having a radius of 80.00 feet through a central angle of 55 °54'11" and being subtended by a chord which bears North 04 044'47" West 75.00 feet to a point of reverse curvature; 27. 20.45 feet along the arc of a circular curve concave west having a radius of 55.00 feet through a central angle of 21 ° 18'15" and being subtended by a chord which bears North 12 °33'12" East 20.33 feet to a point of reverse curvature; 28. 132.60 feet along the arc of a circular curve concave southeast having a radius of 80.00 feet through a central angle of 94 °58'14" and being subtended by a chord which bears North 49 °23'11" East 117.94 feet; 29. 395.76 feet along the arc of a non - tangential circular.curve concave east Packet Page -48- 9/8/2015 9.A. having a radius of 1,010.00 feet through a central angle of 22 027'03" and being subtended by a chord which bears North 04 °54'44" West 393.23 feet to a point of reverse curvature; 30. 353.41 feet along the arc of a circular curve concave west having a-radius of 2,032.33 feet through a central angle of 09 °5748" and being subtended by a chord which bears North 01 °19'53" East 352.96 feet to a point of compound curve; 31. 207.79 feet along the arc of a circular curve concave west having a radius of 840.00 feet through a central angle of 14 010'25" and being subtended by a chord which bears North 10 044'13" West 207.26 feet to a point of reverse curvature; 32. 563.99 feet along the arc of a circular curve concave southeast having a radius of 340.00 feet through a central angle of 95 °02'30" and being subtended by a chord which bears North 29 041'49" East 501.52 feet to a point of reverse curvature; 33. 79.58 feet along the arc of a circular curve concave northwest having a radius of 70.00 feet through a central angle of 65 °08'14" and being subtended by a chord which bears North 44 °38'57" East 75.36 feet to a point of reverse curvature; 34. 511.59 feet along the arc of a circular curve concave southeast having a radius of 370.00 feet through a central angle of 79 °13'19" and being subtended by a chord which bears North 51041'30" East 471.80 feet; 35. South 88 °41'51" East 53.21 feet; 36. 85.21 feet along the arc of a non - tangential circular curve concave east having a radius of 80.00 feet through a central angle of 61 °01'48" and being subtended by a chord which bears North 10 °09'13" East 81.24 feet to a point of compound curve; 37. 112.96 feet along the arc of a circular curve concave southeast having a radius of 78,333.47 feet through a central angle of 00 °04'57" and being subtended by a chord which bears North 40 °42'36" East 112.96 feet to a point of compound curve; 38. 35.86 feet along the arc of a circular curve concave southeast having a radius of 290.18 feet through a central angle of 07 °04'51" and being subtended by a chord which bears North 44 °17'30" East 35.84 feet to a point of reverse curvature; 39. 3.72 feet along the arc of a circular curve concave northwest having a radius of 5.00 feet through a central angle of 42 036'22" and being subtended by a chord which bears North 26 °31'45" East 3.63 feet to. a point of reverse curvature; 40. 98.13 feet along the arc of a circular curve concave southeast having a radius of 80.00 feet through a central angle of 70 °16'42" and being subtended by a chord which bears North 40 021'55" East 92.09 feet; 41. 16.55 feet along the arc of a non - tangential circular curve concave northeast having a radius of 1,040.00 feet through a central angle of 00 054'42" and being subtended by a chord which bears North 46 027'56" West 16.55 feet to a point of reverse curvature; 42. 299.72 feet along the arc of a circular curve concave south having a radius of 360.00 feet through a central angle of 47 °42'04" and being subtended by a chord which bears North 69 051'37" West 291.13 feet; 43. South 86 °17'21" West 287.25 feet; Packet Page -49- 9/8/2015 9.A. 44. 400.29 feet along the arc of a circular curve concave northeast having a radius of 340.00 feet through a central angle of 67 027'18" and being subtended by a chord which bears North 59 °59'00" West 377.57 feet to a point on the boundary of said Veronawalk Phase 4C, plat; Thence along said boundary in the following 3 described courses: 1. South 71025'27" West 26.78. feet; 2. North 00 050'06" East 474.22 feet; 3. North 00 052'55" East 881.09 feet to the POINT OF BEGINNING. Containing 377.44 acres more or less. LESS AND EXCEPT THE FOLLOWING: All that part of Section 35, Township 50 South, Range 26 East, and that part of Section 2, Township 51 South, Range 26 East, Collier County, Florida, being more particularly described as follows; Commencing at the Southwest corner of Tract "D ", according to the plat of Veronawalk Phase 4C, Plat Book 50, pages 25-30, of the public records of Collier County, Florida; Thence South 32 °14'42" East 2,165.79 feet to a point on the west line of the 110' Florida Power & Light Easement as described in Official Records Book 853, page 318, of the public records of Collier County, Florida and Conservation Area 5, as recorded in Official Records Book 5056, page 3117, of the public records of Collier County, Florida and the POINT OF BEGINNING; Thence along said conservation area in the following fifty one (51) described courses: 1. South 00 °37'53" West 316.05 feet; 2. continue along said easement South 00 042'04" West 3,604.29 feet; 3. 337.98 feet along the arc of a non - tangential circular curve concave southwest having a radius of 345.00 feet through a central angle of 56 007'50" and being subtended by a chord which bears North 39 017'35" West 324.63 feet to a point of reverse curvature; 4. 24.29 feet along the arc of a circular curve concave northeast having a radius of 55.00 feet through a central angle of 25 °17'57" and being subtended by a chord which bears North 54 042'32" West 24.09 feet to a point of reverse curvature; 5. 123.21 feet along the arc of a circular curve concave southwest having a radius of 145.00 feet through a central angle of 48 °41'09" and being subtended by a chord which bears North 66 024'08" West 119.54 feet to a point of reverse curvature; 6. 91.14 feet along the arc of a circular curve concave northeast having a radius of 69.24 feet through a central angle of 75 °25'07" and being subtended by a chord which bears North 53 002'09" West 84.70 feet to a point of reverse curvature; 7. 76.43 feet along the arc of a circular curve concave southwest having a radius of 245.00 feet through a central angle of 17 °52'26" and being subtended by a chord which bears North 24 015'48" West 76.12 feet to a point of reverse curvature; 8. 131.76 feet along the arc of a circular curve concave east having a radius of 180.00 feet through a central angle of 41 °56'31" and being subtended by a chord which. bears North 12 °13'45" West 128.84 feet to a point of compound Packet Page -50- 9/8/2015 9.A. curve; 9. 39.55 feet along the arc of a circular curve concave southeast having a radius of 55.00 feet through a central angle of 41 °12'18" and being subtended by a chord which bears North 29 020'39" East 38.71 feet to a point of reverse curvature; 10. 174.52 feet along the arc of a circular curve concave northwest having a radius of 425.20 feet through a central angle of 23 °30'59" and being subtended by a chord which bears North 38 "11'19" East 173.30 feet to a point of reverse curvature; 11. 68.81 feet along the arc of a circular curve concave southeast having a radius of 455.00 feet through a central angle of 08 039'53" and being subtended by a chord which bears North 30 °45'46" East 68.74 feet; 12. 32.23 feet along the arc of a non- tangential circular curve concave northwest having a radius of 104.11 feet through a central angle of 17 °44'15" and being subtended by a chord which bears North 48 021'42" East 32.10 feet to a point of compound curve; 13. 27.49 feet along the arc of a circular curve concave northwest having a radius of 65.52 feet through a central angle of 24 002'06" and being subtended by a chord which bears North 27 °28'32" East 27.28 feet; 14. 14.16 feet along the arc of a non- tangential circular curve concave southeast having a radius of 455.00 feet through a central angle of 01047'00" and being subtended by a chord which bears North 43 °20'49" East 14.16 feet; 15. 18.43 feet along the arc of a non - tangential circular curve concave northwest having a radius of 15.97 feet through a central angle of 66 007'35" and being subtended by a chord which bears North 57 °19'13" East 17.43 feet; 16. 8.40 feet along the arc of a non - tangential circular curve concave west having a radius of 80.56 feet through a central angle of 05 058'16" and being subtended by a chord which bears North 21 016'35" East 8.39 feet; 17. 30.43 feet along the arc of a non - tangential circular curve concave southeast having a radius of 455.00 feet through a central angle of 03 °49'55" and being subtended by a chord which bears North 49 °16'02" East 30.42 feet to a point of reverse curvature; 18. 172.04 feet along the arc of a circular curve concave northwest having a radius of 248.77 feet through a central angle of 39 037'26" and being subtended by a chord which bears North 31 °22'16" East 168.63 feet to a point of reverse curvature; 19. 44.37 feet along the arc of a circular curve concave east having a radius of 155.00 feet through a central angle of 16 °24'09" and being subtended by a chord which bears North 19 °45'38" East 44.22 feet to a point of reverse curvature; 20. 88.77 feet along the arc of a circular curve concave northwest having a radius of 717.88 feet through a central angle of 07 005'05" and being subtended by a chord which bears North 24 025'09" East 88.71 feet; 21. 4.66 feet along the arc of a non - tangential circular curve concave south having a radius of 1,200.00 feet through a central angle of 00 °13'22" and being subtended by a chord which bears North 83 003'36" West 4.66 feet; 22. North 33 °42'29" East 19.84 feet; 23. North 07 °07'47" East 0.52 feet; 24. 640.83 feet along the arc of a non - tangential circular curve concave west Packet Page -51- 9/8/2015 9.A. having a radius of 717.88 feet through a central angle of 51 °08'47" and being subtended by a chord which bears North 06 011'29" West 619.77 feet; 25.302.24 feet along the arc of a non - tangential circular curve concave east having a radius of 552.81 feet through a central angle of 31 019'30" and being subtended by a chord which bears North 13 °55'16" West 298.49 feet to a point of reverse curvature; 26.646.71 feet along the arc of a circular curve concave west having a radius of 965.79 feet through a central angle of 38 °21'59" and being subtended by a chord which bears North 17 °26'30" West 634.70 feet to a point of compound curve; 27. 82.95 feet along the arc of a circular curve concave southwest having a radius of 80.00 feet through a central angle of 59 024'39" and being subtended by a chord which bears North 66 019'49" West 79.29 feet to a point of reverse curvature; 28. 25.83 feet along the arc of a circular curve concave north having a radius of 30.00 feet through a central angle of 49 °19'41" and being subtended by a chord which bears North 71 022'18" West 25.04 feet to a point of reverse curvature; 29. 80.60 feet along the arc of a circular curve concave south having a radius of 80.00 feet through a central angle of 57 °43'35" and being subtended by a chord which bears North 75 034'15" West 77.24 feet; 30. South 75 033'57" West 48.32 feet; 31. 38.16 feet along the arc of a circular curve concave southeast having a radius of 80.00 feet through a central angle of 27 019'54" and being subtended by a chord which bears South 61054'00" West 37.80 feet; 32. North 87 039'49" West 13.52 feet; 33. 311.29 feet along the arc of a non - tangential circular curve concave east having a radius of 460.00 feet through a central angle of 38 °46'24" and being subtended by a chord which bears North 21 043'23" East 305.39 feet to a point of reverse curvature; 34. 310.91 feet along the arc of a circular curve concave northwest having a radius of 580.00 feet through a central angle of 30 042'48" and being subtended by a chord which bears North 25 °45'11" East 307.20 feet; 35. North 10 °23'46." East 129.72 feet; Thence continue along said line North 10 °23'46" East 108.20 feet; 36. North 46 037'12" East 6.58 feet; 37. 222.82 feet along the arc of a non - tangential circular curve concave east having a radius of 1,460.00 feet through a central angle of 08 044'39" and being subtended by a chord which bears North 18 056'59" East 222.60 feet; 38. 134.30 feet along the arc of a non - tangential circular curve concave northeast having a radius of 80.00 feet through a central angle of 96 °11'02" and being subtended by a chord which bears South 59 °30'13" East 119.07 feet to a point of compound curve; 39. 38.66 feet along the arc of a circular curve concave north having a radius of 305.00 feet through a central angle of 07 °15'43" and being subtended by a chord which bears North 68 046'24" East 38.63 feet; 40. North 68 °07'49" East 21.48 feet; 41. North 60 022'19" East 15.82 feet; 42. North 59 026'42" East 16.58 feet; 43. North 47 043'11" East 29.36 feet; Packet Page -52- 44. North 52 010'02" East 40.47 feet; 45. North 35 °31'19" East 25.34 feet; 46. North 35032'4T' East 23.12 feet; 47. North 35 028'43" East 37.15 feet; 48. North_ 16 018'58" East 45.85 feet;. 49. North 24 000'32" East 27.58 feet; 50. North 21'26'57" East 48.95 feet; 51. South 75 °19'07" East 9.96 feet to the POINT OF BEGINNING. Containing 25.10 acres more or less. Containing 358.06 net acres more or less. Subject to easements and restrictions of record. Bearings are based on the west line of said Tract "D ", North 00 °52'55" East. Certificate of authorization #LB- 7866. Stantec Consulting Services Inc. Registered Engineers and Land Surveyors By Date July 21, 2014 Lance T. Miller, Professional Surveyor and Mapper #LS5627 Not valid unless embossed with the Professional's seal. Ref: 2E -32C Packet Page -53- 9/8/2015 9.A. 9/8/2015 9.A. PETITION DI VOSTA HoMEs, LP, BARRON COLLIER CO., LTD, AND BARRON COLLIER PARTNERSHIP, LLLP For The Passing Of An To Establish WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA 'o5 vlct Ser���°,r SOS A +'ate Pat MAY 20, Packet Page -54- s � • 9/8/2015 9.A. COUNSELORS AND ATTORNEYS AT LAW KmvbC%Coien IRdwdD. YWxmrichJE*nwWEKoe*r Mdh wrM:Jad=I H J.Wdn I G.'Helam U=J Cmdmm KMm QwftkB.ThmsmJDwdKemlff WD.Gm*10fmrint wo*P.Johrm , Writer's Email: ryovanovich(@zvklaivfzrm.com May 29, 2015 Collier County Board of County Commissioners 3299 Tamiami Trail East Suite 303 Naples, Florida 34112 -5746 Dear Chairman and Commissioners: Transmitted herewith is a Petition to establish the Winding Cypress Community Development District under the provisions of Chapter 190, Florida Statutes. The proposed District contains approximately 358.06 acres and is located in the unincorporated area of Collier County as described in the Petition. The sole purpose of the District is to provide public infrastructure for the development of the Winding Cypress Project, which has already been vetted by the County during the review process and subsequently approved by the County Commission. The property within the proposed District is amenable to operating as an independent special district for the following reasons: a. Establishment of the District and all land uses and services planned within the proposed District are not inconsistent with applicable elements or portions of the effective Collier County Comprehensive Development Master Plan, as amended. b. The area of land within the proposed District is part of a planned unit development for which a development plan has been approved by Collier County, Ordinance 2014- 009. The land encompassing the proposed District is of sufficient size and is sufficiently compact and contiguous to be developed as one functional interrelated community. c. The community development facilities the District proposes to finance will be compatible with the capacity and use of existing local and regional community development services and facilities. CfA=Tmm d Ba* ' W UnindTral No* Packet Page - 55 -1Q3I 239A35.3535I fox 239 12181 nKZ-&win May 29, 2015 Page 2 of 2 9/8/2015 9.A. d. The proposed District is the best alternative available for delivering cornmunity infrastructure to the area to be served because the District provides a governmental entity for delivering the infrastructure in a manner that does not financially impact persons residing outside the District. If you have any questions or require additional information, please do not hesitate to contact me. Sincerely, /f D , -_ Richard D. Yovanovich, Esq. kTrWBx* 14001T ' 'TralN^5atPacketPage- 56 -i103i .35.i51 t239A35.12184r"IkM 9/8/2015 9.A. WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT 11013 Petition for Ordinance ............................... ..............................Page 1 Exhibit 1: Location Map ....................... ..............................Page 5 Exhibit 2: Legal Description ..................... ...........................Page 6 Exhibit 3A: Consent & Joinder .................. ..............................Page 23 Exhibit 3B: Consent & Joinder .................. ..............................Page 24 Exhibit 3C: Consent & Joinder .................. ..............................Page 25 Exhibit 4A: Estimated Construction Time Table ...........................Page 26 Exhibit 4B: Construction Costs Estimates ........ ...........................Page 27 Exhibit 5: Public and Private Use Map ......... ...........................Page 28 Exhibit 6: Statement of Regulatory Costs ...... ...........................Page 29 Exhibit 7A: Existing Utilities (Water) ............ ...........................Page 36 Exhibit 7B: Existing Utilities ( Sewer) ............ ...........................Page 37 Exhibit 7C: Existing Utilities (Drainage System ) ..........................Page 38 Exhibit 8A: District Boundaries Map .......... ..............................Page 39 Exhibit 8B: District Boundaries Map .......... ..............................Page 40 Packet Page -57- 9/8/2015 9.A. PETITION FOR ORDINANCE 1' WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT May 29, 2015 Special District Services, Inc. 2501A Burns Road Palm Beach Gardens, Florida 33410 561- 630 -4922 Telephone 877 - 737 -4922 Toll Free 561- 630 -4923 Facsimile Packet Page -58- 9/8/2015 9.A. IN RE: AN ORDINANCE TO ESTABLISH THE WINDING CYPRESS DEVELOPMENT DISTRICT PETITION Petitioners, DiVosta Homes, LP, Barron Collier Co. LTD., and Barron Collier Partnership, LLLP ( "Petitioner "), hereby petitions the Collier County Commission to establish a Community Development District ( "District ") with respect to the land described herein and in support of the Petition, Petitioner states: The proposed District is located within the unincorporated area of the Collier County, Florida. Exhibit 1 depicts the general location of the project. The proposed District covers approximately 358.06 acres of land. The metes and bounds description of the external boundaries of the District is set forth in Exhibit 2. There is a 25.1 acre parcel of land located within the external boundaries of the proposed District that is excluded from the boundaries of the proposed District. Said parcel of land is encumbered with a conservation easement recorded in O.R. Book 5056, Pg. 3117 of the public records of Collier County, Florida and will receive no benefit from the proposed District (see Exhibit 8A). 2. Attached to this Petition as Exhibit 3A, 3B and 3C and made a part hereof is the written consent to the establishment of the District by the owners of 100% of the real property to be included in the District. 3. The five persons designated to serve as initial members of the Board of Supervisors of the proposed District are as follows: 1) David Genson 2) Michael Hueniken 3) Laura Ray 4) Patrick Butler 5) Scott Brooks 4. The proposed name of the District to be established is Winding Cypress Community Development District ( "WCyCDD "). 5. There are no existing major trunk water mains, sewer interceptors or outfalls currently existing on the site. 6. The proposed timetable for the construction of District services is shown on Exhibit 4A and the estimated cost of constructing the services, based on available data, is shown on Exhibit 4B. These are good faith estimates but are not binding on the Petitioner or the District and are subject to change. Packet Page -59- 9/8/2015 9.A. 7. Petitioner is in the process of developing the project as a residential community. The proposed uses for the land within the District are estimated to be 900 single family residential units. The proposed uses for the land included within the proposed District are in compliance with the Collier County Future Land Use Element. The County Future Land Use Element designates the land contained within the proposed District as Urban Mixed Use District, Urban Residential Fringe Subdistrict. The future general distribution, location and extent of public and private uses of land proposed for the area within the District are shown on Exhibit 5. 8. Exhibit 6 is a Statement of Estimated Regulatory Costs prepared in accordance with the requirements of Section 120.541, Florida Statutes. 9. Exhibits 7A, 7B and 7C show the existing Water, Sewer and Drainage Utilities, respectively. 10. Exhibits 8A and 8B are the proposed boundaries of the Community Development District. 11. Petitioner hereby requests that the proposed District be granted the right to exercise all powers provided for in Sections 190.012(1), 2(a) and 2(b), Florida Statutes. 12. The Petitioners are DiVosta Homes, LP, 24311 Walden Center Drive, Suite 300, Bonita Springs, Florida 34134, Barron Collier Co. LTD, 2600 Golden Gate Parkway, Naples, Florida 34105, and Barron Collier Partnership, LLLP, 2600 Golden Gate Parkway, Naples, Florida 34105. 13. The property within the proposed District is amenable to operating as an independent special district for the following reasons: a. Establishment of the District and all land uses and services planned within the proposed District are not inconsistent with applicable elements or portions of the effective Collier County Comprehensive Development Master Plan, as amended. b. The area of land within the proposed District is part of a planned unit development for which a development plan has been approved by Collier County, Ordinance 2014 -009. The land encompassing the proposed District is of sufficient size and is sufficiently compact and contiguous to be developed as one functional interrelated community. c. The community development facilities the District proposes to finance will be compatible with the capacity and use of existing local and regional community development services and facilities. Packet Page -60- 9/8/2015 9.A. d. The proposed District will be the best alternative available for delivering community infrastructure to the area to be served because the District provides a governmental entity for delivering the infrastructure in a manner that does not financially impact persons residing outside the District. WHEREFORE, Petitioner respectfully requests the Collier County Commission to: 1. Hold a public hearing as required by Section 190.005(2) (b), Florida Statutes to consider the establishment of the Winding Cypress Community Development District and; 2. Adopt an ordinance pursuant to Chapter 190, Florida Statutes, granting this Petition and establishing the Winding Cypress Community Development District. Respectfully submitted this �� day of M ��{ , 2015 DiVosta Homes, LP By: Brian Yonaley Vice President — Finance Barron Collier,-Co /. LTD Byf D glas E. BAird_\,__�/ Seri' Seriief Vice President of Barron Collier Management, LLC, as Authorized Agent of Barron Collier Company, LTD. Barron Collier Bv:I Dodp- as E. Bai Seni6r Vice President of Barron Collier Management, LLC, as Authorized Agent of Barron Collier Partnership, LLLP Page 4 Packet Page -61- 9/8/2015 9.A. EXHIBIT 1 LOCATION MAP WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT k.y ;M1 t t-- - FmT6Y.ES� Ar—= .^.K RD _ _._.... _. fMiS.Z16 LT r x.: n t ' t s Packet Page -62- 9/8/2015 9.A. EXHIBIT 2 LEGAL DESCRIPTION WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT Packet Page -63- 9/8/2015 9.A. Legal Description All of Tracts "Al ", "K ", "L ", and "M" and part of Tract "D ", Veronawalk Phase 4C, Plat Book 50, pages 25 -30, and part of Tract "A ", Veronawalk Phase 4C, Benelli and Karina Court Replat, Plat Book 51, pages 44 -45 and part of Section 35, Township 50 South, Range 26 East, and part of Sections 2 and 3, Township 51 South, Range 26 East, Collier County, Florida. (Winding Cypress CDD) All of Tracts "Al", "K ", "L" and "M ", according to the plat of Veronawalk Phase 4C, Plat Book 50, pages 25 -30, Collier County, Florida, being more particularly described as follows; Beginning at the Southeast corner of said Tract "M "; Thence along the boundary of said Veronawalk Phase 4C, plat in the following four (4) described courses: 1. North 89 007'05" West 539.68 feet; 2. North 35 039'05" East 175.97 feet; 3. 1066.66 feet along the arc of a circular curve concave northwest having a radius of 2,964.93 feet through a central angle of 20 °36'46" and being subtended by a chord which bears North 25 020'42" East 1060.92 feet; 4. South 00 °52'55" West 1110.23 feet to the Point of Beginning. Containing 5.72 acres more or less. ALSO INCLUDE THE FOLLOWING: All that part of Tract "D ", according to the plat of Veronawalk Phase 4C, Plat Book 50, pages 25 -30, and that part of Tract "A ", according to the plat of Veronawalk Phase 4C, Benelli and Karina Court Replat, Plat Book 51, pages 44 -45, and part of Section 35, Township 50 South, Range 26 East, and part of Sections 2 and 3, Township 51 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commencing at the Southeast corner of said Tract "M "; Thence along the boundary of said Veronawalk Phase 4C, plat North 00 05255" East 46.54 feet; Thence leaving said boundary South 89 007'05" East 100.00 feet to a point on the boundary of said Veronawalk Phase 4C, plat and the Point of Beginning; Thence leaving said boundary 36.59 feet along the arc of a circular curve concave southwest having a radius of 212.00 feet through central angle of 09 053'19" and being subtended by a chord which bears South 55 048'15" East 36.54 feet to a point of compound curve; Thence 39.43 feet along the arc of a circular curve concave southwest having a radius of 92.00 feet through a central angle of 24 033'16" and being subtended by a chord which bears South 38 °34'57" East 39.13 feet to a point of reverse curvature; Thence 16.44 feet along the arc of a circular curve concave northeast having a radius of 15.00 feet through a central angle of 62 048'46" and being subtended by a chord which bears South 57 042'42" East 15.63 feet; Thence south 00 °51'45" west 10.02 feet; Thence south 89 008'15" east 44.46 feet; Packet Page -64- 9/8/2015 9.A. Thence South 00 °52'55" West 60.00 feet; Thence 22.98 feet along the arc of a non - tangential circular curve concave southeast having a radius of 14.00 feet through a central angle of 94 °02'59" and being subtended by a chord which bears South 43 051'26" West 20.49 feet to a point of reverse curvature; Thence 53.28 feet along the arc of a circular curve concave west having a radius of 190.00 feet through a central angle of 16 003'56" and being subtended by a chord which bears South 04 051'54" West 53.10 feet to a point of reverse curvature; Thence 148.90 feet along the arc of a circular curve concave east having a radius of 710.00 feet through a central angle of 12 °00'57" and being subtended by a chord which bears South 06 053'24" West 148.63 feet; Thence South 00 052'55" West 115.60 feet; Thence 127.81 feet along the arc of a circular curve concave east having a radius of 710.00 feet through a central angle of 10 018'51" and being subtended by a chord which bears South 04 °16'31" East 127.64 feet to a point of reverse curvature; Thence 235.43 feet along the arc of a .circular curve concave west having a radius of 620.00 feet through a central angle of 21'45'25" and being subtended by a chord which bears South 01 026'46" West 234.02 feet to a point of reverse curvature; Thence 92.24 feet along the arc of a circular curve concave east having a radius of 460.00 feet through a central angle of 11 °29'23" and being subtended by a chord which bears South 06 034'48" West 92.09 feet; Thence South 00 050'06" West 327.80 feet; Thence 74.98 feet along the arc of a circular curve concave east having a radius of 155.00 feet through a central angle of 27 °43'04" and being subtended by a chord which bears South 13 001'26" East 74.25 feet to a point of compound curve; Thence 7.98 feet along the arc of a circular curve concave northeast having a radius of 260.00 feet through a central angle of 01 045'29" and being subtended by a chord which bears South 27 045'42" East 7.98 feet to a point on the Release of Easement as recorded in Official Records Book 4993, page 3624, of the public records of Collier County, Florida; Thence along said easement 30.87 feet along the arc of a circular curve concave northeast having a radius of 260.00 feet through a central angle of 06 °48'07" and being subtended by a chord which bears South 32 °02'30" East 30.85 feet to a point on the Conservation Area 2, as recorded in Official Records Book 5056, page 3117, of the public records of Collier County, Florida; Thence along said conservation area in the following five (5) described courses: 1. 264.41 feet along the arc of a circular curve concave northeast having a radius of 260.00 feet through a central angle of 58 016'05" and being subtended by a chord which bears South 64 034'36" East 253.16 feet; 2. North 86 °17'21" East 287.25 feet; 3. 366.32 feet along the arc of a circular curve concave south having a radius of 440.00 feet through a central angle of 47 °42'04" and being subtended by a chord which bears South 69 051'37" East 355.83 feet to a point of reverse curvature; 4. 245.43 feet along the arc of a circular curve concave northeast having a radius of 960.00 feet through a central angle of 14 °3852" and being subtended by a chord which bears South 53 °20'01" East 244.76 feet; 5. South 60 039'27" East 8.76 feet to a point on the west line of the 110' Florida Power & Light Easement as described in Official Records Book 853, page 318, Packet Page -65- 9/8/2015 9.A. of the public records of Collier County, Florida; Thence along said easement North 00 037'53" East 866.36 feet to a point on the plat boundary of said Veronawalk Phase 4C; Thence along said boundary South 89 022'07" East 110.00 feet to a point on the east line of said 110' Florida Power & Light Easement and Conservation Area 1, as recorded in said Official Records Book 5056, page 3117; Thence along said conservation area in the following sixty three (63) described courses: 1. South 00 037'53" West 926.61 feet; 2. South 60 039'27" East 159.53 feet; 3. 36.37 feet along the arc of a circular curve concave northeast having a radius of 460.00 feet through a central angle of 04 031'50" and being subtended by a chord which bears South 62 055'22" East 36.36 feet; 4. South 65 011'17" East 93.40 feet; 5. 35.43 feet along the arc of a circular cure concave north having a radius of 25.00 feet through a central angle of 81012'09" and being subtended by a chord which bears North 74 012'38" East 32.54 feet to a point of reverse curvature; 6. 301.32 feet along the arc of a circular cure concave southeast having a radius of 400.00 feet through a central angle of 43 009'41" and being subtended by a chord which bears North 55 011'24" East 294.25 feet; 7. 89.92 feet along the arc of a non - tangential circular cure concave northeast having a radius of 80.00 feet through a central angle of 64 024'09" and being subtended by a chord which bears North 31 °09'18" West 85.26 feet to a point of compound curve; 8. 558.78 feet along the arc of a circular cure concave southeast having a radius of 405.00 feet through a central angle of 79 °03'03" and being subtended by a chord which bears North 40 °34'18" East 515.50 feet; 9. North 80 °05'50" East 343.53 feet; 10. 337.54 feet along the arc of a non - tangential circular cure concave west having a radius of 895.00 feet through a central angle of 21 °36'31" and being subtended by a chord which bears North 15 °33'06" East 335.54 feet to a point of reverse curvature; 11. 113.76 feet along the arc of a circular curve concave southeast having a radius of 80.00 feet through a central angle of 81028'30" and being subtended by a chord which bears North 45 °29'06" East 104.42 feet to a point of reverse curvature; 12. 115.53 feet along the arc of a circular curve concave north having a radius of 355.00 feet through a central angle of 18 °38'47" and being subtended by a chord which bears North 76 053'57" East 115.02 feet to a point of reverse curvature; 13. 35.84 feet along the arc of a circular curve concave south having a radius of 80.00 feet through a central angle of 25 °40'03" and being subtended by a chord which bears North 80 024'36" East 35.54 feet; 14.220.76 feet along the arc of a non - tangential circular curve concave south having a radius of 60.00 feet through a central angle of 210 °48'28" and being subtended by a chord which bears North 71024'51 " East 115.69 feet to a point of compound curve; 15. 634.31 feet along the arc of a circular curve concave west having a radius of 1,225.00 feet through a central angle of 29 040'05" and being subtended by a Packet Page -66- 9/8/2015 9.A. chord which bears South 11 039'07" West 627.25 feet; 16. 57.07 feet along the arc of a non - tangential circular curve concave southeast having a radius of 680.00 feet through a central angle of 04 °48'32" and being subtended by a chord which bears South 31026'09" West 57.06 feet; 17. 247.46 feet along the arc of a non - tangential circular curve concave northwest having a radius of 325.00 feet through a central angle of 43 037'33" and being subtended by a chord which bears South 58 017'03" West 241.53 feet; 18. South 80 005'50" West 346.06 feet; 19. 90.88 feet along the arc of a circular curve concave southeast having a radius of 75.00 feet through a central angle of 69 °25'31" and being subtended by a chord which bears South 45 023'04" West 85.42 feet to a point of compound curve; 20. 47.77 feet along the arc of a circular curve concave northeast having a radius of 25.00 feet through a central angle of 109 029'09" and being subtended by a chord which bears South 44 004'16" East 40.83 feet; 21. North 81 °11'09" East 142.81 feet; 22.331.15 feet along the arc of a circular curve concave south having a radius of 340.00 feet through a central angle of 55 048'17" and being subtended by a chord which bears South 70 054'42" East 318.22 feet to a point of reverse curvature; 23.476.72 feet along the arc of a circular curve concave north having a radius of 460.00 feet through a central angle of 59 022'40" and being subtended by a chord which bears South 72 °41'54" East 455.67 feet to a point of reverse curvature; 24. 584.33 feet along the arc of a circular curve concave south having a radius of 540.00 feet through a central angle of 61059'59" and being subtended by a chord which bears South 71 023'15" East 556.24 feet; 25. North 26 051'05" West 28.49 feet; 26. 170.45 feet along the arc of a circular curve concave southeast having a radius of 95.00 feet through a central angle of 102 047'57" and being subtended by a chord which bears North 24 032'54" East 148.49 feet to a point of reverse curvature; 27. 104.46 feet along the arc of a circular curve concave northwest having a radius of 115.35 feet through a central angle of 51053'11 " and being subtended by a chord which bears North 50 000'16" East 100.93 feet to a point of reverse curvature; 28. 129.68 feet along the arc of a circular curve concave southeast having a radius of 145.00 feet through a central angle of 51014'28" and being subtended by a chord which bears North 49 040'54" East 125.40 feet to a point of reverse curvature; 29. 81.60 feet along the arc of a circular curve concave northwest having a radius of 117.85 feet through a central angle of 39 °40'20" and being subtended by a chord which bears North 55 027'58" East 79.98 feet to a point of reverse curvature; 30.372.72 feet along the arc of a circular curve concave south having a radius of 175.00 feet through a central angle of 122 001'43" and being subtended by a chord which bears South 83 °21'21" East 306.16 feet to a point of reverse curvature; 31. 91.63 feet along the arc of a circular curve concave northeast having a radius Packet Page -67- 9/8/2015 9.A. of 158.38 feet through a central angle of 33 008'57" and being subtended by a chord which bears South 38 05458" East 90.36 feet to a point of reverse curvature; 32. 166.84 feet along the arc of a circular curve concave southwest having a radius of 245.00 feet through a central angle of 39 001'04" and being subtended by a chord which bears South 35 058'54" East 163.64 feet to a point of reverse curvature; 33. 181.48 feet along the arc of a circular curve concave northeast having a radius of 429.65 feet through a central angle of 24 °12'02" and being subtended by a chord which bears South 28 034'23" East 180.13 feet to a point of reverse curvature; 34. 239.71 feet along the arc of a circular curve concave west having a radius of 245.00 feet through a central angle of 56 003'32" and being subtended by a chord which bears South 12 °38'38" East 230.26 feet to a point of reverse curvature; 35. 74.33 feet along the arc of a circular curve concave east having a radius of 185.76 feet through a central angle of 22 °55'39" and being subtended by a chord which bears South 03 055'18" West 73.84 feet to a point of reverse curvature; 36. 67.75 feet along the arc of a circular curve concave west having a radius of 145.00 feet through a central angle of 26 °46'20" and being subtended by a chord which bears South 05 050'39" West 67.14 feet; 37. 141.66 feet along the arc of a non - tangential circular curve concave northwest having a radius of 226.10 feet through a central angle of 35 °53'49" and being subtended by a chord which bears South 22 041'58" West 139.35 feet to a point of compound curve; 38. 140.81 feet along the arc of a circular curve concave northwest having a radius of 187.54 feet through a central angle of 43 001'07" and being subtended by a chord which bears South 62 009'26" West 137.52 feet to a point of compound curve; 39. 19.01 feet along the arc of a circular curve concave north having a radius of 145.54 feet through a central angle of 07 °29'02" and being subtended by a chord which bears South 87 024'30" West 19.00 feet to a point of compound curve; 40. 141.49 feet along the arc of a circular curve concave northeast having a radius of 80.00 feet through a central angle of 101 °19'52" and being subtended by a chord which bears North 38 011'02" West 123.75 feet; 41. 12.05 feet along the arc of a non - tangential circular curve concave east having a radius of 319.94 feet through a central angle of 02 009'27" and being subtended by a chord which bears North 09 021'20" West 12.05 feet; 42. North 55 034'17" West 88.67 feet; 43. South 37 009'39" West 65.33 feet; 44. 38.05 feet along the arc of a circular curve concave east having a radius of 25.00 feet through a central angle of 87 012'14" and being subtended by a chord which bears South 06 026'28" East 34.48 feet to a point of reverse curvature; 45. 19.89 feet along the arc of a circular curve concave southwest having a radius of 1,000.00 feet through a central angle of 01 008'22" and being subtended by a chord which bears South 49 028'24" East 19.89 feet; 46. 56.31 feet along the arc of a non - tangential circular curve concave southwest Packet Page -68- 9/8/2015 9.A. having a radius of 1,083.30 feet through a central angle of 02 °58'42" and being subtended by a chord which bears South 47 °17'17" East 56.31 feet; 47. South 46 004'40" East 470.33 feet; 48. North 48 019'55" East 102.73 feet; 49. 51.97 feet along the arc of a circular curve concave southeast having a radius of 157.42 feet through a central angle of 18 054'57" and being subtended by a chord which bears North 57 047'24" East 51.74 feet to a point of reverse curvature; 50. 84.65 feet along the arc of a circular curve concave northwest having a radius of 155.00 feet through a central angle of 31017'34" and being subtended by a chord which bears North 51036'06" East 83.61 feet to a point of reverse curvature; 51. 119.34 feet along the arc of a circular curve concave southeast having a radius of 145.00 feet through a central angle of 47 009'16" and being subtended by a chord which bears North 59 031'57" East 116.00 feet to a point of compound curve; 52.220.29 feet along the arc of a circular curve concave south having a radius of 321.79 feet through a central angle of 39 °13'22" and being subtended by a chord which bears South 77 016'44" East 216.01 feet; 53. 153.70 feet along the arc of a non - tangential circular curve concave south having a radius of 88.95 feet through a central angle of 99 000'10" and being subtended by a chord which bears South 78 014'19" East 135.28 feet; 54. 138.88 feet along the arc of a non - tangential circular curve concave southwest having a radius of 110.15 feet through a central angle of 72 014'33" and being subtended by a chord which bears South 33 025'12" East 129.87 feet; 55. 28.54 feet along the arc of a non - tangential circular curve concave southwest having a radius of 405.00 feet through a central angle of 04 °02'16" and being subtended by a chord which bears South 38 028'30" East 28.54 feet to a point of reverse curvature; 56. 17.91 feet along the arc of a circular curve concave northeast having a radius of 55.00 feet through a central angle of 18 039'33" and being subtended by a chord which bears South 45 047'09" East 17.83 feet; 57. 12.28 feet along the arc of a nor.- tangential circular curve concave southwest having a radius of 127.56 feet through a central angle of 05 030'55" and being subtended by a chord which bears South 51056'33" East 12.27 feet; 58. 88.93 feet along the arc of a non - tangential circular curve concave southwest having a radius of 139.88 feet through a central angle of 36 025'35" and being subtended by a chord which bears South 31013'36" East 87.44 feet to a point of reverse curvature; 59. 45.34 feet along the arc of a circular curve concave east having a radius of 166.86 feet through a central angle of 15 034'09" and being subtended by a chord which bears South 20 047'53" East 45.20 feet; 60. 62.01 feet along the arc of a non - tangential circular curve concave south having a radius of 85.00 feet through a central angle of 41048'04" and being subtended by a chord which bears South 76 038'18" East 60.65 feet to a point of compound curve; 61. 47.14 feet along the arc of a circular curve concave southwest having a radius of 140.00 feet through a central angle of 19 017'27" and being subtended by a chord which bears South 46 005'33" East 46.91 feet to a point of compound Packet Page -69- 9/8/2015 9.A. curve; 62. 45.05 feet along the arc of a circular curve concave west having a radius of 83.87 feet through a central angle of 30 °46'38" and being subtended by a chord which bears South 21003'30" East 44.51 feet; 63. 18.56 feet along the arc of a non - tangential circular curve concave southwest having a radius of 146.54 feet through a central angle of 07 015'25" and being subtended by a chord which bears South 36 034'08" East 18.55 feet to a point on the east line of said Section 35; Thence along said east line South 00 023'29" West 357.29 feet to the northeast corner of said Section 2; Thence along the east line of said Section 2, South 00 040'26" West 2,801.59 feet to the East Quarter Corner of said Section 2; Thence continue along said east line South 00 040'46" West 1424.99 feet to a point on the Conservation Easement, according to Official Records Book 3387, page 2951, of the public records of Collier County, Florida; Thence along said conservation easement in the following five (5) described courses: 1. North 90 000'00" West 20.00 feet; 2. North 86 053'29" West 233.86 feet; 3. North 26 043'02" West 170.36 feet; 4. North 50 020'48" West 175.24 feet; 5. 73.39 feet along the arc of a circular curve concave northeast having a radius of 780.00 feet through a central angle of 05 023'27" and being subtended by a chord which bears North 47 039'05" West 73.36 feet; to a point on Conservation Area 6, as recorded in said Official Records Book 5056, page 3117; Thence along said conservation area in the following nine (9) described courses: 1. 199.56 feet along the arc of a non - tangential circular curve concave east having a radius of 110.00 feet through a central angle of 103 056'36" and being subtended by a chord which bears North 16 000'45" East 173.30 feet; 2. 264.83 feet along the arc of a non - tangential circular curve concave north having a radius of 1,275.79 feet through a central angle of 11 053'36" and being subtended by a chord which bears North 74 034'25" West 264.35 feet to a point of reverse curvature; 3. 116.25 feet along the arc of a circular curve concave south having a radius of 475.00 feet through a central angle of 14 001'22" and being subtended by a chord which bears North 75 °38'18" West 115.96 feet to a point of reverse curvature; 4. 413.80 feet along the arc of a circular curve concave northeast having a radius of 325.00 feet through a central angle of 72 °57'05" and being subtended by a chord which bears North 46 010'26" West 386.41 feet; 5. North 09 °41'53" West 119.62 feet; 6. 217.32 feet along the arc of a circular curve concave west having a radius of 1,150.00 feet through a central angle of 10 °49'38" and being subtended by a chord which bears North 15 006'42" West 217.00 feet; 7. North 20 031'32" West 615.95 feet; 8. 456.38 feet along the arc of a circular curve concave east having a radius of 325.00 feet through a central angle of 80 °27'24" and being subtended by a chord which bears North 19 042'10" East 419.79 feet; 9. North 30 004'08" West 44.61 feet ;to a point on Conservation Area 4, as recorded in said Official Records Book 5056, page 3117; Packet Page -70- 9/8/2015 9.A. Thence along said conservation area in the following thirty seven (37) described courses: 1. North 61 047'59" West 34.89 feet; 2. 66.69 feet along the arc of a non - tangential circular curve concave northeast having a radius of 80.00 feet through a central angle of 47 °45'39" and being subtended by a chord which bears North 53 °00'45" West 64.77 feet to a point of reverse curvature; 3. 24.77 feet along the arc of a circular curve concave southwest having a radius of 155.00 feet through a central angle of 09 °09'23" and being subtended by a chord which bears North 33 042'37" West 24.74 feet; 4. North 87 036'05" East 0.03 feet; 5. 622.99 feet along the arc of a non - tangential circular curve concave east having a radius of 605.00 feet through a central angle of 58 °59'57" and being subtended by a chord which bears North 07 °43'45" West 595.82 feet to a point of reverse curvature; 6. 120.31 feet along the arc of a circular curve concave west having a radius of 395.00 feet through a central angle of 17 027'04" and being subtended by a chord which bears North 13 002'42" East 119.84 feet; 7. North 04 019'10" East 928.14 feet; 8. 280.21 feet along the arc of a circular curve concave east having a radius of 455.00 feet through a central angle of 35 017'06" and being subtended by a chord which bears North 21057'43" East 275.80 feet to a point of reverse curvature; 9. 479.15 feet along the arc of a circular curve concave west having a radius of 755.00 feet through a central angle of 36 021'43" and being subtended by a chord which bears North 21025'25" East 471.15 feet to a point of reverse curvature; 10. 147.04 feet along the arc of a circular curve concave southeast having a radius of 165.00 feet through a central angle of 51'03'29" and being subtended by a chord which bears North 28 046'18" East 142.22 feet; 11. North 54 °18'01" East 100.75 feet; 12. North 46 004'40" West 443.33 feet; 13. 292.02 feet along the arc of a non - tangential circular curve concave southwest having a radius of 920.00 feet through a central angle of 18 011'10" and being subtended by a chord which bears North 54 044'06" West 290.79 feet to a point of reverse curvature; 14. 245.24 feet along the arc of a circular curve concave northeast having a radius of 380.00 feet through a central angle of 36 058'37" and being subtended by a chord which bears North 45 020'23" West 241.01 feet; 15. North 26 °51'05" West 178.94 feet; 16.606.44 feet along the arc of a circular curve concave southwest having a radius of 460.00 feet through a central angle of 75 032'09" and being subtended by a chord which bears North.64 037'10" West 563.47 feet to a point of reverse curvature; 17. 515.19 feet along the arc of a circular curve concave north having a radius of 540.00 feet through a central angle of 54 °39'50" and being subtended by a chord which bears North 75 003'19" West 495.88 feet; 18. 602.98 feet along the arc of a non - tangential circular curve concave northwest having a radius of 340.00 feet through a central angle of 101 036'47" and being Packet Page -71- 9/8/2015 9.A. subtended by a chord which bears South 33 °59'10" West 527.01 feet to a point of reverse curvature; 19. 5.06 feet along the arc of a circular curve concave southeast having a radius of 5.00 feet through a central angle of 57 °56'41" and being subtended by a chord which bears South 55 049'13" West 4.84 feet to a point of reverse curvature; 20. 56.98 feet along the arc of a circular curve concave northwest having a radius of 100.00 feet through a central angle of 32 °38'47" and being subtended by a chord which bears South 43 °10'16" West 56.21 feet; 21. 63.75 feet along the arc of a non - tangential circular curve concave northwest having a radius of 280.48 feet through a central angle of 13 001'24" and being subtended by a chord which bears South 22 053'00" West 63.62 feet to a point of compound curve; 22. 126.04 feet along the arc of a circular curve concave northwest having a radius of 169.65 feet through a central angle of 42 °34'00" and being subtended by a chord which bears South 50 040'43" West 123.16 feet to a point of reverse curvature; 23. 47.78 feet along the arc of a circular curve concave southeast having a radius of 113.19 feet through a central angle of 24 °11'12" and being subtended by a chord which bears South 59 °52'07" West 47.43 feet to a point of compound curve; 24. 200.47 feet along the arc of a circular curve concave southeast having a radius of 1,314.26 feet through a central angle of 08 °44'22" and being subtended by a chord which bears South 43 °24'20" West 200.27 feet to a point of reverse curvature; 25. 84.46 feet along the arc of a circular curve concave northwest having a radius of 172.18 feet through a central angle of 28 °06'14" and being subtended by a chord which bears South 53 005'16" West 83.61 feet; 26. South 60 024'35" West 39.84 feet; 27. South 65 052'08" West 40.59 feet; 28. South 62 032'30" West 35.98 feet; 29. South 79 007'18" West 33.82 feet; 30. South 80 004'49" West 51.86 feet; 31. South 76 052'28" West 25.31 feet; 32. North 13 007'32" West 27.50 feet; 33. 57.82 feet along the arc of a non - tangential circular curve concave northwest having a radius of 80.00 feet through a central angle of 41024'34" and being subtended by a chord which bears South 54 008'48" West 56.57 feet to a point of reverse curvature; 34. 112.36 feet along the arc of a circular curve concave southeast having a radius of 135.00 feet through a central angle of 47 041'09" and being subtended by a chord which bears South 51 °00'31" West 109.14 feet to a point of reverse curvature; 35. 117.78 feet along the arc of a circular curve concave northwest having a radius of 245.00 feet through a central angle of 27 032'35" and being subtended by a chord which bears South 40 056'14" West 116.65 feet to a point of reverse curvature; 36. 73.43 feet along the arc of a circular curve concave southeast having a radius of 1,285.00 feet through a central angle of 03 °16'27" and being subtended by a chord which bears South 53 °04'18" West 73.42 feet to a point of reverse Packet Page -72- 9/8/2015 9.A. curvature; 37. 90.95 feet along the arc of a circular curve concave north having a radius of 80.00 feet through a central angle of 65 008'29" and being subtended by a chord which bears South 84 000'19" West 86.13 feet to a point on the east line of said 110' Florida Power & Light Easement; Thence along said easement South 00 037'53" West 530.80 feet; Thence continue along said easement line South 00 °42'08" West 4,684.26 feet to a point on the northeast right -of -way line of U.S 41 (Tamiami Trail); Thence along said northeast right -of -way line North 54 021'26" West 2,431.67 feet; Thence leaving said line North 20 014'55" East 1,813.62 feet to a point on Conservation Area 3, as recorded in said Official Records Book 5056, page 3117; Thence along said conservation area in the following forty four (44) described courses: 1. 84.70 feet along the arc of a non - tangential circular curve concave southeast having a radius of 195.00 feet through a central angle of 24 °53'11" and being subtended by a chord which bears North 57 °01'01" East 84.03 feet to a point of reverse curvature; 2. 58.41 feet along the arc of a circular curve concave northwest having a radius of 500.00 feet through a central angle of 06 041'35" and being subtended by a chord which bears North 66 006'49" East 58.37 feet; 3. North 62 017'07" East 8.41 feet; 4. 67.30 feet along the arc of a non - tangential circular curve concave northwest having a radius of 500.00 feet through a central angle of 07 °42'41" and being subtended by a chord which bears North 57 °56'51" East 67.24 feet to a point of reverse curvature; 5. 69.95 feet along the arc of a circular curve concave southeast having a radius of 195.00 feet through a central angle of 20 033'13" and being subtended by a chord which bears North 64 °22'07" East 69.58 feet to a point of reverse curvature; 6. 39.91 feet along the arc of a circular curve concave northwest having a radius of 105.00 feet through a central angle of 21 °46'46" and being subtended by a chord which bears North 63 °45'21" East 39.67 feet to a point of reverse curvature; 7. 177.62 feet along the arc of a circular curve concave south having a radius of 220.00 feet through a central angle of 46 °15'31" and being subtended by a chord which bears North 75 059'43" East 172.84 feet to a point of reverse curvature; 8. 26.79 feet along the arc of a circular curve concave north having a radius of 105.00 feet through a central angle of 14 037'09" and being subtended by a chord which bears South 88 011'06" East 26.72 feet to a point of reverse curvature; 9. 113.18 feet along the arc of a circular curve concave southwest having a radius of 80.00 feet through a central angle of 81003'38" and being subtended by a chord which bears South 54 057'51" East 103.98 feet; 10. South 14 026'03" East 27.08 feet; 11. 36.23 feet along the arc of a circular curve concave west having a radius of 80.00 feet through a central angle of 25 056'40" and being subtended by a chord which bears South 01 027'43" East 35.92 feet; 12. North 75 033'57" East 65.15 feet; 13. North 14 026'03" West 437.37 feet; Packet Page -73- 9/8/2015 9.A. 14. 80.57 feet along the arc of a circular curve concave east having a radius of 540.00 feet through a central angle of 08 032'56" and being subtended by a chord which bears North 10 009'35" West 80.50 feet; 15. North 03 009'49" West 51.28 feet; 16.296.94 feet along the arc of a non - tangential circular curve concave east having a radius of 529.69 feet through a central angle of 32 °07'10" and being subtended by a chord which bears North 15 °11'33" East 293.06 feet; 17. 54.42 feet along the arc of a non - tangential circular curve concave north having a radius of 80.00 feet through a central angle of 38 058'19" and being subtended by a chord which bears South 89 016'48" West 53.37 feet to a point of compound curve; 18. 115.22 feet along the arc of a circular curve concave northeast having a radius of 780.00 feet through a central angle of 08 027'48" and being subtended by a chord which bears North 67 °00'08" West 115.11 feet to a point of reverse curvature; 19. 21.63 feet along the arc of a circular curve concave south having a radius of 55.00 feet through a central angle of 22 032'05" and being subtended by a chord which bears North 74 002'16" West 21.49 feet to a point of reverse curvature; 20. 125.18 feet along the arc of a circular curve concave north having a radius of 220.00 feet through a central angle of 32 °36'05" and being subtended by a chord which bears North 69 000'16" West 123.50 feet; 21. 43.11 feet along the arc of a non - tangential circular curve concave northeast having a radius of 92.24 feet through a central angle of 26 046'52" and being subtended by a chord which bears North 47 007'53" West 42.72 feet; 22. 44.62 feet along the arc of a non - tangential circular curve concave northeast having a radius of 220.00 feet through a central angle of 11 °37'18" and being subtended by a chord which bears North 35 °44'54" West 44.55 feet to a point of reverse curvature; 23. 50.71 feet along the arc of a circular curve concave southwest having a radius of 155.00 feet through a central angle of 18 044'41" and being subtended by a chord which bears North 39 018'36" West 50.48 feet to a point of reverse curvature; 24. 130.47 feet along the arc of a circular curve concave northeast having a radius of 145.00 feet through a central angle of 51 °33'10" and being subtended by a chord which bears North 22 °54'21" West 126.11 feet to a point of reverse curvature; 25. 34.14 feet along the arc of a circular curve concave west having a radius of 55.00 feet through a central angle of 35 034'06" and being subtended by a chord which bears North 14 054'49" West 33.60 feet to a point of reverse curvature; 26. 78.06 feet along the arc of a circular curve concave east having a radius of 80.00 feet through a central angle of 55 °54'11" and being subtended by a chord which bears North 04 °44'47" West 75.00 feet to a point of reverse curvature; 27. 20.45 feet along the arc of a circular curve concave west having a radius of 55.00 feet through a central angle of 21'18'15" and being subtended by a chord which bears North 12 033'12" East 20.33 feet to a point of reverse curvature; 28. 132.60 feet along the arc of a circular curve concave southeast having a radius of 80.00 feet through a central angle of 94 °58'14" and being subtended by a chord which bears North 49 °23'11" East 117.94 feet; 29. 395.76 feet along the arc of a non - tangential circular curve concave east Packet Page -74- 9/8/2015 9.A. having a radius of 1,010.00 feet through a central angle of 22 027'03" and being subtended by a chord which bears North 04 054'44" West 393.23 feet to a point of reverse curvature; 30. 353.41 feet along the arc of a circular curve concave west having a radius of 2,032.33 feet through a central angle of 09 °57'48" and being subtended by a chord which bears North 01 °19'53" East 352.96 feet to a point of compound curve; 31.207.79 feet along the arc of a circular curve concave west having a radius of 840.00 feet through a central angle of 14 °10'25" and being subtended by a chord which bears North 10 044'13" West 207.26 feet to a point of reverse curvature; 32. 563.99 feet along the arc of a circular curve concave southeast having a radius of 340.00 feet through a central angle of 95 002'30" and being subtended by a chord which bears North 29 041'49" East 501.52 feet to a point of reverse curvature; 33. 79.58 feet along the arc of a circular curve concave northwest having a radius of 70.00 feet through a central angle of 65 008'14" and being subtended by a chord which bears North 44 03857" East 75.36 feet to a point of reverse curvature; 34. 511.59 feet along the arc of a circular curve concave southeast having a radius of 370.00 feet through a central angle of 79 013'19" and being subtended by a chord which bears North 51 °41'30" East 471.80 feet; 35. South 88 °41'51" East 53.21 feet; 36. 85.21 feet along the arc of a non - tangential circular curve concave east having a radius of 80.00 feet through a central angle of 61 001'48" and being subtended by a chord which bears North 10 009'13" East 81.24 feet to a point of compound curve; 37. 112.96 feet along the arc of a circular curve concave southeast having a radius of 78,333.47 feet through a central angle of 00 004'57" and being subtended by a chord which bears North 40 042'36" East 112.96 feet to a point of compound curve; 38. 35.86 feet along the arc of a circular curve concave southeast having a radius of 290.18 feet through a central angle of 07 004'51" and being subtended by a chord which bears North 44 017'30" East 35.84 feet to a point of reverse curvature; 39. 3.72 feet along the arc of a circular curve concave northwest having a radius of 5.00 feet through a central angle of 42 °36'22" and being subtended by a chord which bears North 26 031'45" East 3.63 feet to a point of reverse curvature; 40. 98.13 feet along the arc of a circular curve concave southeast having a radius of 80.00 feet through a central angle of 70 016'42" and being subtended by a chord which bears North 40 021'55" East 92.09 feet; 41. 16.55 feet along the arc of a non - tangential circular curve concave northeast having a radius of 1,040.00 feet through a central angle of 00 054'42" and being subtended by a chord which bears North 46 027'56" West 16.55 feet to a point of reverse curvature; 42.299.72 feet along the arc of a circular curve concave south having a radius of 360.00 feet through a central angle of 47 °42'04" and being subtended by a chord which bears North 69 051'37" West 291.13 feet; 43. South 86 017'21" West 287.25 feet; Packet Page -75- 9/8/2015 9.A. 44. 400.29 feet along the arc of a circular curve concave northeast having a radius of 340.00 feet through a central angle of 67 °27'18" and being subtended by a chord which bears North 59 059'00" West 377.57 feet to a point on the boundary of said Veronawalk Phase 4C, plat; Thence along said boundary in the following 3 described courses: 1. South 71025'27" West 26.78 feet; 2. North 00 050'06" East 474.22 feet; 3. North 00 052'55" East 881.09 feet to the POINT OF BEGINNING. Containing 377.44 acres more or less. LESS AND EXCEPT THE FOLLOWING: All that part of Section 35, Township 50 South, Range 26 East, and that part of Section 2, Township 51 South, Range 26 East, Collier County, Florida, being more particularly described as follows; Commencing at the Southwest corner of Tract "D ", according to the plat of Veronawalk Phase 4C, Plat Book 50, pages 25 -30, of the public records of Collier County, Florida; Thence South 32 014'42" East 2,165.79 feet to a point on the west line of the 110' Florida Power & Light Easement as described in Official Records Book 853, page 318, of the public records of Collier County, Florida and Conservation Area 5, as recorded in Official Records Book 5056, page 3117, of the public records of Collier County, Florida and the POINT OF BEGINNING; Thence along said conservation area in the following fifty one (51) described courses: 1. South 00 037'53" West 316.05 feet; 2. continue along said easement South 00 °42'04" West 3,604.29 feet; 3. 337.98 feet along the arc of a non - tangential circular curve concave southwest having a radius of 345.00 feet through a central angle of 56 °07'50" and being subtended by a chord which bears North 39 °17'35" West 324.63 feet to a point of reverse curvature; 4. 24.29 feet along the arc of a circular curve concave northeast having a radius of 55.00 feet through a central angle of 25 017'57" and being subtended by a chord which bears North 54 042'32" West 24.09 feet to a point of reverse curvature; 5. 123.21 feet along the arc of a circular curve concave southwest having a radius of 145.00 feet through a central angle of 48 °41'09" and being subtended by a chord which bears North 66 024'08" West 119.54 feet to a point of reverse curvature; 6. 91.14 feet along the arc of a circular curve concave northeast having a radius of 69.24 feet through a central angle of 75 025'07" and being subtended by a chord which bears North 53 002'09" West 84.70 feet to a point of reverse curvature; 7. 76.43 feet along the arc of a circular curve concave southwest having a radius of 245.00 feet through a central angle of 17 °52'26" and being subtended by a chord which bears North 24 015'48" West 76.12 feet to a point of reverse curvature; 8. 131.76 feet along the arc of a circular curve concave east having a radius of 180.00 feet through a central angle of 41'56'31" and being subtended by a chord which bears North 12 013'45" West 128.84 feet to a point of compound Packet Page -76- 9/8/2015 9.A. curve; 9. 39.55 feet along the arc of a circular curve concave southeast having a radius of 55.00 feet through a central angle of 41 °12'18" and being subtended by a chord which bears North 29 020'39" East 38.71 feet to a point of reverse curvature; 10. 174.52 feet along the arc of a circular curve concave northwest having a radius of 425.20 feet through a central angle of 23 030'59" and being subtended by a chord which bears North 38 011'19" East 173.30 feet to a point of reverse curvature; 11. 68.81 feet along the arc of a circular curve concave southeast having a radius of 455.00 feet through a central angle of 08 039'53" and being subtended by a chord which bears North 30 °45'46" East 68.74 feet; 12. 32.23 feet along the arc of a non - tangential circular curve concave northwest having a radius of 104.11 feet through a central angle of 17 °44'15" and being subtended by a chord which bears North 48 °21'42" East 32.10 feet to a point of compound curve; 13. 27.49 feet along the arc of a circular curve concave northwest having a radius of 65.52 feet through a central angle of 24 °02'06" and being subtended by a chord which bears North 27 028'32" East 27.28 feet; 14. 14.16 feet along the arc of a non - tangential circular curve concave southeast having a radius of 455.00 feet through a central angle of 01 047'00" and being subtended by a chord which bears North 43 020'49" East 14.16 feet; 15. 18.43 feet along the arc of a non - tangential circular curve concave northwest having a radius of 15.97 feet through a central angle of 66 007'35" and being subtended by a chord which bears North 57 019'13" East 17.43 feet; 16. 8.40 feet along the arc of a non - tangential circular curve concave west having a radius of 80.56 feet through a central angle of 05 058'16" and being subtended by a chord which bears North 21016'35" East 8.39 feet; 17. 30.43 feet along the arc of a non - tangential circular curve concave southeast having a radius of 455.00 feet through a central angle of 03 04955" and being subtended by a chord which bears North 49 016'02" East 30.42 feet to a point of reverse curvature; 18. 172.04 feet along the arc of a circular curve concave northwest having a radius of 248.77 feet through a central angle of 39 037'26" and being subtended by a chord which bears North 31'22'16" East 168.63 feet to a point of reverse curvature; 19. 44.37 feet along the arc of a circular curve concave east having a radius of 155.00 feet through a central angle of 16 024'09" and being subtended by a chord which bears North 19 045'38" East 44.22 feet to a point of reverse curvature; 20. 88.77 feet along the arc of a circular curve concave northwest having a radius of 717.88 feet through a central angle of 07 005'05" and being subtended by a chord which bears North 24 025'09" East 88.71 feet; 21. 4.66 feet along the arc of a non - tangential circular curve concave south having a radius of 1,200.00 feet through a central angle of 00 °13'22" and being subtended by a chord which bears North 83 003'36" West 4.66 feet; 22. North 33 °42'29" East 19.84 feet; 23. North 07 007'47" East 0.52 feet; 24.640.83 feet along the arc of a non - tangential circular curve concave west Packet Page -77- 9/8/2015 9.A. having a radius of 717.88 feet through a central angle of 51'08'47" and being subtended by a chord which bears North 06 011'29" West 619.77 feet; 25. 302.24 feet along the arc of a non - tangential circular curve concave east having a radius of 552.81 feet through a central angle of 31'19'30" and being subtended by a chord which bears North 13 °55'16" West 298.49 feet to a point of reverse curvature; 26. 646.71 feet along the arc of a circular curve concave west having a radius of 965.79 feet through a central angle of 38 021'59" and being subtended by a chord which bears North 17 026'30" West 634.70 feet to a point of compound curve; 27. 82.95 feet along the arc of a circular curve concave southwest having a radius of 80.00 feet through a central angle of 59 024'39" and being subtended by a chord which bears North 66 °19'49" West 79.29 feet to a point of reverse curvature; 28. 25.83 feet along the arc of a circular curve concave north having a radius of 30.00 feet through a central angle of 49 °19'41" and being subtended by a chord which bears North 71 022'18" West 25.04 feet to a point of reverse curvature; 29. 80.60 feet along the arc of a circular curve concave south having a radius of 80.00 feet through a central angle of 57 043'35" and being subtended by a chord which bears North 75 034'15" West 77.24 feet; 30. South 75 033'57" West 48.32 feet; 31. 38.16 feet along the arc of a circular curve concave southeast having a radius of 80.00 feet through a central angle of 27 019'54" and being subtended by a chord which bears South 61054'00" West 37.80 feet; 32. North 87 °39'49" West 13.52 feet; 33. 311.29 feet along the arc of a non - tangential circular curve concave east having a radius of 460.00 feet through a central angle of 38 °46'24" and being subtended by a chord which bears North 21043'23" East 305.39 feet to a point of reverse curvature; 34. 310.91 feet along the arc of a circular curve concave northwest having a radius of 580.00 feet through a central angle of 30 042'48" and being subtended by a chord which bears North 25 °45'11" East 307.20 feet; 35. North 10 023'46" East 129.72 feet; Thence continue along said line North 10 023'46" East 108.20 feet; 36. North 46 °37'12" East 6.58 feet; 37. 222.82 feet along the arc of a non - tangential circular curve concave east having a radius of 1,460.00 feet through a central angle of 08 044'39" and being subtended by a chord which bears North 18 °56'59" East 222.60 feet; 38. 134.30 feet along the arc of a non - tangential circular curve concave northeast having a radius of 80.00 feet through a central angle of 96 011'02" and being subtended by a chord which bears South 59 030'13" East 119.07 feet to a point of compound curve; 39. 38.66 feet along the arc of a circular curve concave north having a radius of 305.00 feet through a central angle of 07 015'43" and being subtended by a chord which bears North 68 046'24" East 38.63 feet; 40. North 68 007'49" East 21.48 feet; 41. North 60 022'19" East 15.82 feet; 42. North 59 °26'42" East 16.58 feet; 43. North 47 °43'11" East 29.36 feet; Packet Page -78- 9/8/2015 9.A. 44. North 52 010'02" East 40.47 feet; 45. North 35 °31'19" East 25.34 feet; 46. North 35 032'47" East 23.12 feet; 47. North 35 °28'43" East 37.15 feet; 48. North 16018'58" East 45.85 feet; 49. North 24 000'32" East 27.58 feet; 50. North 21026'57" East 48.95 feet; 51. South 75 019'07" East 9.96 feet to the POINT OF BEGINNING. Containing 25.10 acres more or less. Containing 358.06 net acres more or less. Subject to easements and restrictions of record. Bearings are based on the west line of said Tract "D ", North 00 052'55" East. Certificate of authorization #LB -7866. Stantec Consulting Services Inc. Registered Engineers and Land Surveyors By��'� Date July 21, 2014 Lance T. Miller, Professional Surveyor and Mapper #LS5627 Not valid unless embossed with the Professional's seal. Ref: 2E -32C Packet Page -79- 9/8/2015 9.A. EXHIBIT 3A AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF THE WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT On this day of hfii�— 2015, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, Brian Yonaley who, after being duly sworn, deposes and says: 1. Affiant, Brian Yonaley, an individual, is the Vice President - Finance of DiVosta Homes, LP; 2. DiVosta Homes, LP is one of the owners of the following described property, to wit: • See Exhibit "A" attached hereto (the "Property ") 3. Affiant, Brian Yonaley hereby represents that he has full authority to execute all documents and instruments on behalf of the DiVosta Homes, LP, 24311 Walden Center Drive, Suite 300, Bonita Springs, Florida to enact an ordinance to establish the Winding Cypress Community Development District (the "Proposed CDD "). 4. The property represents a portion of the real property to be included in the Proposed CDD. 5. Affiant, Brian Yonaley, on behalf of DiVosta Homes, LP, one of the owners of the property in the capacity described above, hereby consents to the establishment of the proposed Winding Cypress Community Development District. FURTHER, AFFIANT SAYETH NOT. Subscribed and sworn to before me this day of All, 2015, Brian Yonaley, who personally appeared before me, and is personally known. Notary: ✓i/L/ Print Name: Notary Public, State of Florida TODD WODRASKA Notary Public . State of Florida .�� My Comm. Expires Mar 1.2018 �'f ;;��� ��;:•'� Commission # FF 88942 Page 23 Packet Page -80- 9/8/2015 9.A. EXHIBIT 3B AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF THE WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT On this 12r= day of 1"q 2015, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, Douglas E. Baird who, after being duly sworn, deposes and says: 1. Affiant, Douglas E. Baird, an individual, is the Senior Vice President of Barron Collier Management, LLC, as Authorized Agent of Barron Collier Company, LTD; 2. Barron Collier Co. LTD is one of the owners of the following described property, to wit: • See Exhibit "A" attached hereto (the "Property ") 3. Affiant, Douglas E. Baird hereby represents that he has full authority to execute all documents and instruments on behalf of the Barron Collier Co., LTD, 2600 Golden Gate Parkway, Naples, Florida, to enact an ordinance to establish the Winding Cypress Community Development District (the "Proposed CDD "). 4. The property represents a portion of the real property to be included in the Proposed CDD. 5. Affiant, Douglas E. Baird, on behalf of Barron Collier Co., LTD, one of the owners of the property in the capacity described above, hereby consents to the establishment of the proposed Winding Cypress Community Development District. FURT IA SA TH NOT. Subscribed and sworn to before me this i�.-0) day of M- , 2015, Douglas E. Baird, who personally appeared before me, and is personally known. DANE L VIONEFiI Notary: �.• r MYCOMMIssION #EE 200620 Print Name: DI L Il/ eooaernmRES July u2ots Notary Public, State of Florida Page 24 Packet Page -81- 9/8/2015 9.A. EXHIBIT 3C AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF THE WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT On this I Z r,- day of ti,+If 2015, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, Douglas E. Baird who, after being duly sworn, deposes and says: 1. Affiant, Douglas E. Baird, an individual, is the Senior Vice President of Barron Collier Management, LLC, as Authorized Agent of Barron Collier Partnership, LLLP; 2. Barron Collier is one of the owners of the following described property, to wit: See Exhibit "A" attached hereto (the "Property ") 3. Affiant, Douglas E. Baird hereby represents that he has full authority to execute all documents and instruments on behalf of Barron Collier Partnership, LLLP, 2600 Golden Gate Parkway, Naples, Florida, to enact an ordinance to establish the Winding Cypress Community Development District (the "Proposed CDD "). 4. The property represents a portion of the real property to be included in the Proposed CDD. 5. Affiant, Douglas E. Baird, on behalf of Barron Collier Partnership, LLLC, one of the owners of the property in the capacity described above, hereby consents to the establishment of the proposed Winding Cypress Community Development District, FURT R, AF IANT 7NOT. Subscribed and sworn to before me this loZ4� day of -MA"'I -, 2015, Douglas E. Baird, who personally appeared before me, and is personally known. Notary: 1�,� oUNELVIONERI Print Name: 1)14A)6 My COMMIS EE 20D8'20 �, COMMIS:July18,2016 Notary Public, State of Florida 8WdedThorNu►a7PubUcUnU fflftM MEMO W Page 25 Packet Page -82- 9/8/2015 9.A. EXHIBIT 4A ESTIMATED INFRASTRUCTURE CONSTRUCTION TIME TABLE WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT IMPROVEMENT START DATE COMPLETION DATE EARTHWORK 8/15/2014 7/1/2019 WASTEWATER SYSTEM 9/l/2014 7/1/2019 WATER SUPPLY SYSTEM 9/1/2014 7/1/2019 SURFACE WATER MGMT 8/15/2014 7/1/2019 ROADS AND PAVING 11/1/2014 7/1/2019 LANDSCAPING & IRRIGATION 12/1/2014 7/1/2019 ENTRANCE FEATURES 10/15/2014 2/1/2015 FENCES & GATES 1 / 1 /2015 1/l/2017 OTHER (SIDEWALKS) 9/1/2014 6/1/2017 Packet Page -83- 9/8/2015 9.A. EXHIBIT 4B CONSTRUCTION COSTS ESTIMATES WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT EARTHWORK $7,561,133 WASTEWATER SYSTEM $2,633,361 WATER SUPPLY SYSTEM $1,714,033 SURFACE WATER MANAGEMENT $1,592,455 ROADS AND PAVING $4,718,997 OFFSITE IMPROVEMENTS $3,964,212 LANDSCAPING & IRRIGATION $4,135,220 FENCES AND GATES $1,919,000 OTHER $5,044,400 SOFT COSTS (ENGINEERING, ETC.) $2,372,098 CONTINGENCY @ 10% $3,565,491 TOTAL ESTIMATED PROJECT COSTS $399220,400 Packet Page -84- 2015 §.A. EXHIBITS PUBLIC AND PRIVATE USE MAP a ■ s : ;■ SING CYPRESS DEVELOPMENT DISTRICT Packet Page -85 - w000ms MOO q{` H, \ 7 > { \\ ! \(�§ i | § f § : /\( /( - ^{ / / Packet Page -85 - w000ms MOO q{` { \\ ! \(�§ i | § f § : /\( /( 9/8/2015 9.A. EXHIBIT 6 WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT Statement of Estimated Regulatory Costs May 29, 2015 Prepared by Special District Services, Inc. 2501A Burns Road Palm Beach Gardens, Florida 33410 (561) 630 -4922 Packet Page -86- 9/8/2015 9.A. STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ( "SERC ") supports the petition to establish the Winding Cypress Community Development District ( "District "). The District comprises approximately 358.06 acres of land located in the unincorporated area of Collier County, Florida. The limitations on the scope of this SERC are explicitly set out in Section 190.002(2) (d), F.S. (governing District establishment) as follows: "That the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to managing and financing the service delivery function of the district, so that any matter concerning permitting or planning of the development is not material or relevant (emphasis added)." 1.2 Overview of Winding Cypress Community Development District The District is designed to provide district infrastructure, services, and facilities along with their operations and maintenance to a master planned residential development containing approximately 900 single family residential dwelling units within the boundaries of the District. 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S. (2014), defines the elements a statement of estimated regulatory costs must contain: (a) An economic analysis showing whether the rule directly or indirectly (1) is likely to have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule; (2) is likely to have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after implementation of the rule; or (3) is likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule. (b) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements Packet Page -87- 9/8/2015 9.A. of the ordinance. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting. (d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. (e) Any additional information that the agency determines may be useful. (f) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed ordinance. "Note: the references to "rule" in the statutory requirements for the Statement of Estimated Regulatory Costs also apply to an "ordinance" under section 190.005(2) (a), Florida Statutes." 2.0 An economic analysis of potential impacts on growth, business competitiveness or increased regulatory costs, in excess of $1 million within the next 5 years. It is unlikely the establishment of the District will meet any of the adverse triggers referenced in Section 120.541(2)(a). The basis for this determination is that this Petition to establish the District is for the sole purpose of providing public infrastructure for the development of the Winding Cypress Project, which has already been vetted by the County during the review process and subsequently approved by the County Commission. Additional support of this determination is provided in the discussions in Section 3.0 through Section 6.0 herein. 3.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. The Winding Cypress Community Development District serves land that comprises a 358.06 acre residential development to be made up of an estimated 900 residential homes. The estimated population of the District is 2,250 + / -. The property owners in the District will be individuals that may operate industrial, manufacturing and other retail and non- retail related businesses outside the boundaries of the District. 4.0 A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or local revenues. Packet Page -88- 9/8/2015 9.A. There is no state agency promulgating any rule relating to this project that is anticipated to affect state or local revenues. 4.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance Because the results of adopting the ordinance is establishment of a local special purpose government, there will be no enforcing responsibilities of any other government entity, but there will be various implementing responsibilities which are identified with their costs herein. State Governmental Entities There will be only modest costs to various State governmental entities to implement and enforce the proposed establishment of the District. The District as established on the proposed land, will encompass under 1,000 acres, therefore, Collier County is the establishing entity under 190.005(2), F.S. The modest costs to various State entities to implement and enforce the proposed ordinance relate strictly to the receipt and processing of various reports that the District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only one of many governmental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is inconsequential. Additionally, pursuant to section 189.412, F. S., the District must pay an annual fee to the State of Florida Department of Economic Development, which offsets such costs. Collier Countv There will be only modest costs to the County for a number of reasons. First, review of the petition to establish the District does not include analysis of the project itself. Second, the petition itself provides much of the information needed for a staff review. Third, the County already possesses the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Finally, the County routinely process similar petitions though for entirely different subjects, for land uses and zoning changes that are far more complex than is the petition to establish a community development district. The annual costs to Collier County, because of the establishment of the District, are also very small. The District is an independent unit of local government. The only annual costs the County faces are the minimal costs of receiving and reviewing the various reports that the District is required to provide to the County, or any monitoring expenses the County may incur if it establishes a monitoring program for this District. However, the Petitioner has included a payment of $15,000 to offset any expenses the County may incur in the processing of this Petition, or in the monitoring of this District. Packet Page -89- 9/8/2015 9.A. 4.2 Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on state or local revenues. The District is an independent unit of local government. It is designed to provide infrastructure facilities and services to serve the development project and it has its own sources of revenue. No state or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any other units of local government. In accordance with State law, debts of the District are strictly its own responsibility. 5.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance. The petitioner has estimated the costs for providing the capital facilities to be approximately $39,220,400. The District may issue special assessment bonds to fund all or a portion of the costs of these facilities. These bonds would be repaid through non ad valorem special assessments levied on all properties in the District that may benefit from the District's infrastructure program. Prospective future landowners in the District may be required to pay non -ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non -ad valorem special assessments for debt service, the District may also impose a non -ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. Furthermore, locating in the District by new property owners is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the non -ad valorem special assessments by various names and user fees as a tradeoff for the benefits and facilities that the District provides. A Community Development District ( "CDD ") provides property owners with the option of having higher levels of facilities and services financed through self - imposed assessments. The District is an alternative means to manage necessary development services with related financing powers. District management is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a property association, County provision, or through developer equity and/or bank loans. In considering these costs it shall be noted that owners of the lands to be included within the District will receive three major classes of benefits. First, landowners in the District will receive a higher long -term sustained level of public services and amenities sooner than would otherwise be the case. Packet Page -90- 9/8/2015 9.A. Second, a CDD is a mechanism for assuring that the community services and amenities will be completed concurrently with development of lands within the District. This satisfies the revised growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands. Third, a CDD is the sole form of governance which allows District landowners, through landowner voting, to determine the type, quality and expense of District services they receive, provided they meet the City's overall requirements. The cost impact on the ultimate landowners in the District is not the total cost for the District to provide infrastructure services and facilities. Instead, it is the incremental costs above what the landowners would have paid to install infrastructure via an alternative management mechanism. Given the low cost of capital for a CDD, the cost impact to landowners is negligible. This incremental cost of the high quality infrastructure provided by the District is likely to be fairly low. 6.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. Approval of the Winding Cypress CDD will have positive impacts on small business as defined in Chapter 288.703 (1), F. S. These positive impacts will result because the additional population in the District will require goods and services from small businesses. These services can be provided by the small businesses that currently serve the general area. Additional opportunities will also be created for new businesses to be formed or relocate to the area. No negative impacts have been identified for small businesses as defined. The County has an estimated population in 2010 that is greater than 10,000; therefore the County is not defined as a "small" County according to Section 120.52, F.S, and there will accordingly be no impact on a small County because of the formation of the District. 7.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Petitioner's Engineer and other professionals associated with the Petitioner. * * * * * * * * * * * * * * ** Packet Page -91- 9/8/2015 9.A. APPENDIX A LIST OF REPORTING REQUIREMENTS REPORT FL. STATUE DUE DATE CITATION Annual Financial Audit 11.45 within 45 days of audit completion, but no later than 12 months after end of fiscal year Annual Financial Report 218.32 within 45 days of financial audit completion, but no later than 12 months after end of fiscal year; if no audit required, by 4/30 TRIM Compliance Report 200.068 no later than 30 days following the adoption of the property tax levy ordinance /resolution (if levying property taxes) Form 1: Statement of Financial 112.3145 within 30 days of accepting interest the appointment, then every year thereafter by 7/1 (by "local officers" appointed to special district's board); during the qualifying period, then every year thereafter by 7/1 (by "local officers" elected to special district's board) Public Facilities Report 189.415 within one year of special district's creation; then annual notice of any changes; and updated report every 5 years, 12 months prior to submission of local government's evaluation and appraisal report Public Meetings Schedule 189.417 quarterly, semiannually, or annually Bond Report 218.38 when issued Registered Agent 189.416 within 30 days after first meeting of governing board Proposed Budget 189.418 prior to end of current fiscal year Public Depositor Report 280.17 annually by 11/30 Packet Page -92- EXHIBIT 7A EXISTING UTILITIES (WATER) WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT LE ._ -- — Poo.% URE y Y t Packet. Page -93- ii E 9/8/2015 9.A. 9/8/2015 9.A. EXHIBIT 7B EXISTING UTILITIES (SEWER) WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT Packet Page -94- EX1SMS . 4' FORCE M&I N EXIS'RNG S` FORCE I OUN o x i w PUKVSTAnoN d � E _ 171?+ ING CYPRESSCDD Y. i { ` 25.1 ACRE i OUT :PARCEL r f ;Y Packet Page -94- 9/8/2015 9.A. EXHIBIT 7C EXISTING UTILITIES (DRAINAGE SYSTEM) WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT UN PROPOSED PICAYUNE & STRAND •- •TlN4dI 4rF r71 G3 1.1viJz- WINDING y�y, b q M1 b j � - POSED t PROPOSED Packet Page -95- PROPOSED cs & •- •TlN4dI 4rF r71 G3 1.1viJz- WINDING y�y, b q PROPOSED TOUT ALL t t Packet Page -95- EXHIBIT 8A DISTRICT BOUNDARIES MAP WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT •" r r r 9/8/2015 9.A. Packet Page -96- SOUTH UNE SECTION 2 2U W Liz lZ L28 c S u ��5 F• jj p\ W / s�. ! r O coo 0, c CA Lp Co tz 0 D z,; = ° w � Cpt � - — .._.._: - ----- --- - -1Sb3 9Z 39NV6 'H110S lS dIHSNM 01 1S1�9Z�37a62f'Alll� -5 6S�iHS`NMOl _ -- of - - W`� w CA �.y rn EA LSD �W Sao 0 00 00 -v g �t r I�` zomn oSo, Zb \ �nz ;m� 1d'i In �I 0 M 0 Packet Page -96- 9/8/2015 9.A. EXHIBIT 8B DISTRICT BOUNDARIES MAP WINDING CYPRESS DEVELOPMENT DISTRICT Packet Page -97- �c ©n w L9l ��, II bti� 6l1 nv <cn-p 1, - 10- � c � O w CO �- n �// r 12 , c�x�, 0 v N ° °O z - �� •°= v� t Ln t41� �m oNm .,, 0 m / . 1, I �,' oN• n� r Din Q T S `7 n is Lw I s z mm / •c � � n'a 7th r t" j /oo I l l M�vz N w co 2 P O L- .r Y m 3� •y W 1 �y 9 °t+:Y o- / J/ 14 T $ (A-IO DO(n r-�mmor- o -0m(nm O m =�z�mzoo o Em n m CACA CA 00 CA _, n nom^ � '.. N• O�OCmcoc� II II II mAm z o rm rm DNm1mm D. Zl DZmZ0 N — — _ y�p�o -jp II II 02np�p z y 2 r - p 0 -r..:z � - c>��omn z z =C7 ZOrn��c pr(/> tn�-+y z zr>om>0 -'1 ice 020 mo am N D- 0 ZN N 6-M�2DOo 020 O 0 u c m m D- m < O '""� �0 �O,[TJY v`xwy Z pmrn Om'2, � m ,, r20 NZzpzn II D yIn m m • 1�,4Y �*•m.X o o rzNom _4 z• I � Z Z D O Z D Z O Z O z m �inm m Ln r=„ n o Packet Page -97- PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING, NOTiCE OF INTENT'S O CONSIDER AN ORDINANCE Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing an September 08, 2015, commencing at 9:00 a.m., in the Board of County Commissioners Chamber, Third floor, Collier County Government Center, 3299 E. Tamiami Trail. Naples, FL. The.purpose of the hearing into consider: The Establishment of a Community Development District to be known as Winding Cypress CDD by Collier County Ordinance pursuant to Section 190:005(2), Florida Statutes. The district government would serve an area of land in Collier County generally, described as follows: The proposed District is located entirely within Collier County, Florida in a portion of the Winding Cypress Planned Unit Development (PUD) located in the northeast quadrant of the intersection of U.S. 41 -& C:R. 951. The proposed district covers approximately 358.06 +( - acres of land. The site is located in part of Section 35, Township 50 South, Range 26 East, and portions of Sections 2 and 3, Township 51 South. -Range 26 East, as depicted: below. I f!ROdEC` i LOCATION K: Such community development district special purpose government is a way to provide 'intrastructure subiectto the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and r development of the land described above, and specifically, governing the planning, Implementation, maintenance, and financing of basic community facilities; systems, and services which may be required of any such development consistent with principles of concuneney, comprehensive planning, and development permitting. On June 01, 2015, Richard Yovanovich with Coleman, Yovanovich & Koester, P.A., on behalf of DiVosta Homes, LP, Barron Collier Co., LTD, and,BarronCollier Partnership. LLLP, officially submitted and filed its CDD petition to Collier County, along with the application - processing fee of S15;000:00 for review by the County. The Board's consideration of the CDD Petition will comply with Section 190.005(2)(0)(c), Flonda-Stalutes, and including Section 190.012(1), 2(a) and 2(d) in conducting this Public Hearing. The purpose of thts nearing is to consider the relationship of the petit as submitted by Rich Yovarlovich, P.A. on behalf of 'DiVosta Homes. LP, Barron Collier Co., LTD, and Barron Collier Partnership, LLLP,, to the six factors listed in Section190.0050)(e), Florda tS�ttrtgs, and determine whether Collier County will establish Winding Cypress Community Development District by adoption of an ordinance. According 10 the Petition, at least four categories of persons may be affected by the economic consequences of the proposed district establishment: State of Florida and its citizens (modest or very smali): Collier County and its citizens (modest or very small); the present property owner&; and the future property owners, A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance with the requirements of Section 120.541, Fiorld Statutes including an explanation of its computations and determinations, is available for review, along with :a copy of the full text of the petition and any of its documentation, at, the Office of the County Clerk, Collier County, 3299 Tamiami Trail East, Suite 401, Naples, Florida- Copies of the Petition, which contains the legal description of the real property to be serviced by the proposed district, „are atso on file at the Collier County Growth Management Department, Zoning Division, Comprehensive Planning Section, at 2800 Horseshoe Drive, Naples, Florida. All interested persons are invited to attend. It a person decides to appeal any decision made by the Board of County Commissioners with respect to arty matter considered at such meeting or hearing. he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made; which record includes the testimony and evidence upon which the appeal is to be based, It you are a person with a disability who needs any accommodation in order to participate In this proceeding, you � are entitled, at no cost to you, to the provision of - certain assistance. Please contact the Collier county Facilities Management Division, located at 3335'Tamiami Trail East Suite 101, Naples. FL 34112 -6356, (239)252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. August 5, 12 & 19„2015 Winding Cypress, Community Development District Brian Yonaiey on behalf of DiVosta Homes, "LLP Douglas E. Baird on behalf of Barron Collier Co., LTD and Barron Collier Partnership, LLLP BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E.BROaK CLERK By. Martha Verpara, Deputy Clerk, (SEAU lid. 231 1 2 1 387 Aug, 5 12 19 2 15 Packet Page -98- 9/8/2015 9.A. OTICE PUBLIC NOTICE Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on September 08, 2015, commencing at 9,D0 a.m., in the Board of County Commissioners Chamber, Third Floor, Collier County Government: Center, 3299 E. Tamiami Trail, Naples, FL. The purpose of the hearing is to consider: The Establishment of a Community Development District to be known, as Winding Cypress CDD by Collier County Ordinance pursuant to Section 190:005(2), Florida Statutes. The district government would serve an area of land in Collier County generally described as follows: The proposed District is located entirely within Collier County, Florida in a portion Of the Winding Cypress Planned Unit: Development (PUD). located in the northeast quadrant of the intersection of 'U.S. 41 & C.R. 951. The proposed district covers approximately 358.06+1- acres of land. The site is located in of Section 35, Township 50 South, Range 26 East, and portions of Sections .2 and 3, Township 51 South, Range 26 East, as depicted below. Such community development district special purpose government is a way to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing orfuture lawful use and development of the land described above, and specifically governing the planning, implementation. maintenance; and financing of basic community facilities, systems, and services which may be required of any sucri development consistent with principles of concurrency, comprehensive planning, and development permitting. On June 01, 2015, Richard Yovanovich with Coleman, Yovanovich & Koester, P.A., on behalf ofDiVosta Homes, LP, Barron Collier Co.; LTD; and Barron Collier Partnership. LLLP, officially submitted and filed its CDD petition to Collier County, along with the application- processing fee of $15.000.00 for review by the County. The Board's consideration of the CDD Petition wili comply with Section 19D.005(2Xb)(c), Florida tatates,, and including Section 190.012(1), 2(a) and 2(d) in conducting this Public Hearing. The purpose of this hearing is to - consider the relationship of the petition as submitted by Rich Yovanovich, P.A. on behalf of DiVosta Homes, LP Barron Collier Co., LTD, and Barron Collier Partnership, LLLP, to the six factors fisted in Section 190.005(1)(e); Flor da Statutes . and determine wnether Collier County will estabffsh Winding Cypress Community Development District by adoption of an ordinance. According to the Petition, at least four categories of persons may be affected byAhe economic consequences of the proposed district establishment: State of Florida and its citizens (modest or very small); Collier County and its citizens (modest or very small); the present property owners;: and the future property owners. A copy ofthe full text of the Petitioner's statement of estimated reoulatory costs in accordance with the requirements of Section 120.541,SFlonda Statutes, including an explanation of fts computations;and determinations, is available for review, along with a copy of the full text of the petition and any of its documentation. at the Office of the County Clerk, Collier County, 3299 Tamiami Trail East, Suite 401, Naples. Florida. Copies of the petition, which contains the legal description of the real property to be serviced by the proposed district, are also on file at the Collier County Growth Management Department, Zoning Division. Comprehensive Planning Section; at 2800 North Horseshoe Drive, Naples, Florida. All interested persons are invited to attend. if a person decides to appeal anydectsion made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing; he will need a record of that proceeding, and for such purpose he may need to ensure mat a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, if you are a: person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain MiStar!Cer Please contact the Collier County Facilities Management Division, located at 3335`Tamiami Trail East, Suite 101, Naples, FL 34112 - 5356, (239) 252 -8380, at least two days, prior to the meeting. Assisted listening devices for the nearing impaired are available in the Board of County Commissioners Office. August 5, 12 & 4:9; 2013 Winding Cypress, Community. Development District Brian Yonaiey on behalf of;DIVasta'Homes, LLP, Douglas E. Baird on behalf of Barron Collier Cc., LTD and Barron Collier Partnership, :LLLP BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK B-.,, 'Martha Vergara; DeautyGlen, (SEAU d 3 f 121387 August 5.12.19.2015 t Packet Page -99- n — 1 I r � :JI .PROJECT \ m LOOATIOR itkl - i Such community development district special purpose government is a way to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing orfuture lawful use and development of the land described above, and specifically governing the planning, implementation. maintenance; and financing of basic community facilities, systems, and services which may be required of any sucri development consistent with principles of concurrency, comprehensive planning, and development permitting. On June 01, 2015, Richard Yovanovich with Coleman, Yovanovich & Koester, P.A., on behalf ofDiVosta Homes, LP, Barron Collier Co.; LTD; and Barron Collier Partnership. LLLP, officially submitted and filed its CDD petition to Collier County, along with the application- processing fee of $15.000.00 for review by the County. The Board's consideration of the CDD Petition wili comply with Section 19D.005(2Xb)(c), Florida tatates,, and including Section 190.012(1), 2(a) and 2(d) in conducting this Public Hearing. The purpose of this hearing is to - consider the relationship of the petition as submitted by Rich Yovanovich, P.A. on behalf of DiVosta Homes, LP Barron Collier Co., LTD, and Barron Collier Partnership, LLLP, to the six factors fisted in Section 190.005(1)(e); Flor da Statutes . and determine wnether Collier County will estabffsh Winding Cypress Community Development District by adoption of an ordinance. According to the Petition, at least four categories of persons may be affected byAhe economic consequences of the proposed district establishment: State of Florida and its citizens (modest or very small); Collier County and its citizens (modest or very small); the present property owners;: and the future property owners. A copy ofthe full text of the Petitioner's statement of estimated reoulatory costs in accordance with the requirements of Section 120.541,SFlonda Statutes, including an explanation of fts computations;and determinations, is available for review, along with a copy of the full text of the petition and any of its documentation. at the Office of the County Clerk, Collier County, 3299 Tamiami Trail East, Suite 401, Naples. Florida. Copies of the petition, which contains the legal description of the real property to be serviced by the proposed district, are also on file at the Collier County Growth Management Department, Zoning Division. Comprehensive Planning Section; at 2800 North Horseshoe Drive, Naples, Florida. All interested persons are invited to attend. if a person decides to appeal anydectsion made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing; he will need a record of that proceeding, and for such purpose he may need to ensure mat a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, if you are a: person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain MiStar!Cer Please contact the Collier County Facilities Management Division, located at 3335`Tamiami Trail East, Suite 101, Naples, FL 34112 - 5356, (239) 252 -8380, at least two days, prior to the meeting. Assisted listening devices for the nearing impaired are available in the Board of County Commissioners Office. August 5, 12 & 4:9; 2013 Winding Cypress, Community. Development District Brian Yonaiey on behalf of;DIVasta'Homes, LLP, Douglas E. Baird on behalf of Barron Collier Cc., LTD and Barron Collier Partnership, :LLLP BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK B-.,, 'Martha Vergara; DeautyGlen, (SEAU d 3 f 121387 August 5.12.19.2015 t Packet Page -99- NOTICE OF PUBLIC HEARING 9/8/2015 9.A. NOVICE OF INTENT TO CONSIDER A ORDINANCE Notice is hereby given that the Collier County Board of County Commissioners wN hold a Public hearing on September 08, 2015, commencing at 9 *Do a.m., in the Board of County Commissfaners Chamber, Third 1 1por, Collier County Government Center, 3290 E. Tarniami Trail, Naples, -FL. The purpose of the hearing is to consider: The Establishment of a Community Development District to be known as Winding Cypress CDD by Collier County Ordinance pursuant to Section 190.005(2), Eiarida S atutes. The distract government would serve air area of land in Collier County generally described as follows: The proposed District is located entirely within Collier County, Florida in a.portior, of the Winding Cypress Planned Unit Development (PUD), located in the northeast quadrant of the intersection of U.S. 4,4 & :C,R. 951. The proposed district covers approximately 358.0E +i - acres of land. The site is located in part of ;Section 35. Towrship 50 South, Range 26 East, and portions of Sections land 3, Township 51 Soutn. Range 26 Past, as depicted below. Such community development district' special Purpose government is away to proUfde infrastrUcture subject to the regulatory reouirements of both the State of Florida and Collier County governing anyexisting or future lawful use and development of the land described above, and specifically governing the plannin g, impiementaYlon: maintenance, and financing of basic community, systems, and services which maybe required Of any surf, cleveiooment consistent with principles of concurrency, comprenensive planning, and development permitting. On June 01, 2015, Richard Yovanovich with Coleman, YOVanovich & Koester, RA., On behalf of DiVosta Homes, LF, l Barron Collier Co. LTD, and Barron Collier' Partnership, LLLP, officially subm =tted and filed i+tc CDD petition to Collier County, along with the application - Processing fee of $15,000.00 for review by the County. The Board's consideration o° the CDD Petition will comply whit Section 190 005(2)(b)(c), FI(yTE a St es. and including Section 190.012(1), 2(a) and 2(d) in conducting this Public Hearinc. The purpose Of this hearing is to consider the relationship of the petition as suomitted;by Rich Yovanovich,;RP, or, behalf Of DiVosta Homes, LP, Barron Collier Co., LTD, and Barron Collier Partnership. LLL P, to the six factors listed in Section 190,005(1)(e), E oY Std. to es: and determine whether Collier County will establish Winding Cypress Community Development District by adoption of an ordinance. According to the Petition, at least four categories of Persons may be affected ey th e economic consequences of the proposed district establishment: State of Florida and its citizens tmadest o very ,mail): CdlGar County and its citizens (modest orveru snail); the present property Owners, and the future property wners. A cap}• of the full text of the Petitioner's statement of estimates regulatory costs in accordance wih the recuirements of Section 120,541 Fibridaf lutes, including an explanation of its computations and detertninatlors. is available for review, along with a copy of the full tent of the petition and anyof its documentation, at the Office of the County Clerk, Collier County, 3299 Tarn ami Trail East, 'Suite 401, Naples, Florida. Copies of the petition, which contains the legal description of the real propety'to ae serviced by the proposed distract. are also on file at the Collier County Growth Mariagemerir Department, Zoning Division, Comorehensive Planning Section, at 2800 North Horseshoe Drive, Naples; Flonda. Ail interested persons- are invited to attend. If a person decides to appeal any decision made oy the Board or County Commissioners with respect to any matter considered at such meeting or nearing, he will neec a recorc of that proceeding, and for such purpose he may need which uhethat e l is to b record of the p oeeedings is mad o, whidt8record includes thetestimony and evidence upon which the appaal is £c be based. if you are a person with a disability who needs any accommo ation it order to Participate in this Proceeding you an- entitled at no cost to you to the provision or certain3 assistance. Please contact .he Collier County Pis' sties Management Division,. located at 3335 Tarritam 'trail: East. Suite 10,, Naples, FL 34112- 5356. (2391 252- 8380..a, ieasttwo days priorta the meeting. Assisted listening devices fcr the hearing impaired are avauaole ir, the Board ei County Commissioners Office: August 5,12 &19, 2015 Winding Cypress, COMmunitq Deveicipmerst District Brian Yonaiey on behalf of Dl)iosta Homes, LLP Douglas E. Baird on behalf of Barron Collier Co. LTD and Barron Collie- Parmership. LLLP BOARD OF COUNTY COMMISSIONERS : COLLIER COUNITY, FLORIDA TIM, NANCE, :CHAIRMAN: DWIGHT E, BROOK CLERK, By. Martha vergara.: DePuiy.Clesr: Packet Page -100- f j,9/8/2015 9.A. PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC 'HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on September 08. 2015, commencing at 9A0 a.m., in the Board a` County Commissioners. Chamber, Third. Floor. Collier County Government Cents., 3299 E. Tamiami Trail, Naples. FL. The purpose of the hearing is to consider: - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE WINDING CYPRESS: COMMUNITY DEVELOPMENT DISTRICT LOCATED IN UNINCORPORATED COLLIER COUNTY AND CONTAINING APPROXIMATELY 358.06 ACRES; PROVIDING FOR THE AUTHORITY: FOR ORDINANCE;` PROVIDING FOR THE ESTABLISHMENT OF THE BOUNDARIES FOR THE WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR THE' DESIGNATION OF 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 SEVE iABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS -AND- ORDINANCES;' AND PROVIDING AN EFFECTIVE' DATE. The Establishment of -a Community Development District to be known as Winding Cypress CDD by Collier County. Ordinance .pursuant to Section 190.005(2), F!4.t1s �. S i The distinct . government would serve an area of land in Collier Countygenemlly described as follows: The proposed District is located entirety : within Collier County. Florida in a portion of the Winding 'Cypress Planned Unit Development 1PUD),located in the northeast quadrant ofthe Intersection of U.S. 41 &C R. 851. Tne proposed district: covers apomximately 358.06 +i - .acres of land. The site is located in part of Section 3 >. Township 50 South. Range 26 East, and portions of Sections 2 and 3, Township. 51 South, Range 26 East as depicted below . suaC community development district. special; purpose government is way 20 provide infrastructure subject to the regulatory - requirements of bafth the State of Florida and .Collier County governing any existing or future lawful use.- and .development of the land cascaded above. and specifically governing the planning, :implemematioc; maintenance; and financing of oesic community facilities. systems, and services which may be: required of any such development consistent with principles of concurrency, comprenenswe pianranq -anti development permitting, Or June 01, 2015. Richard Yovanovich,'wft Coleman. Yovanovich & Koester. P.A., on behith of Ditiosta Homes, LP, Barron Collier Co- LTD, and Barron Collier Partnership,.LLLR officially and flied Its GoD petiton to Collier County, alano with the apaildstjon- processing tee of S15,00D.00:for review by theCdumy. The Board's consideration Of the CDC Petition will comply with Section; 19J.005,2?(b)(c), �inda.S <p ut s, and inoluding Section 190.012(1), 21a) and Von, in conducting this Public Hearing. The purpose of this hearing is to consider the relationship of the petition as submitted by 'Rich Yovenovicn. P.A. on behalf of DiVosta Homes, LP. Barron CphtL, Cc., LTD, and Barron Collier Partnership, LLLR to the -six factors listed rn' Section 190,005(1)fei, . Flerfdfl S to i, and datarm;ne whether Cofiier County will establish Winding Cypress Community. Development District by adoption of an ordinance According to the Petition, at least dour categories of Olinsdns may pe affectod by tr�:economiz consequences of tha proposed atstrict establishment State of Florida and its citizens (modest Or very smelt): Collier .County and its citizens {modest or very smail):the present property owners; .and the future property owners. A copy of the full ta%tnf.the Petitioner's statement of estimated regulatory costs in accott dance with the reduirements of Section. 12`0.541, F�df(da Statutg�, .including an explanation of its computations and detain »nations, is!available forYeyiew, wring wft� e copy of theiull teiG of the petition and any at its documentation, at the Office of the Count? Clerk ; .Collier County, 3299 Tamiam, Tra.! East. Suite 401,. Napier. Ronda. Copies of-the petition. which cohtaens the fagat description of the real property to be serviced tw the proposed districtt an- also on filets,, the Collie, County: Growth Management Department, Zoning Division. Comprehensive P.lanrnng Section, st2800.North Horseshoe Dave, Naples:' Florida All interested persons are.invded to Stand. it a person oeciaee. to appeal any decision made by the Board of County Commissioners with-respect to any matter considered a,- such meeting or healing, he will need a record of that proceeding, and for such purpose he mayne_d •totem lure that a vetbatinr recd 9ssf the proceedings made, which record includes the testimony and evidence upon which the appeal is to be cased. If you are a person with a disability who needs any acoomrnodaltion, in. pfderto partigjpata itt ttxs :prooaeditsg you are!Na#it e0, at no cost Aid you, to the provisron of certain assistance Please " 6iYS tfA6tt -i gated at 333- Tamlami Trait East. Suite 101 Naples, FL 341i2-5356,(23%2S2;8380,-at IeaBf'two t ys'lridrto *tis .-Assisted listening devices for the hearing impaired are available in tt3e Boar of County Commissioners Y3fiice August 2G. 201 °: Wina!nq Cypress, Community Development: District Brian tionatayor, behalfe. DIVosta'Homes, LLP, Douglrs E..Baird on behaifnf Barren Cpliier Co„ LTD and Barron Colfier Partnership, LLLP B0AFD OF. COUNjy COMMISSIONERS COLLIER CC4)NTY,.FLORIDA TIM NANGt?;OYdRIMAN DWIGHT E BFICXCI<, CLERK By Marthatlergara. DspuiyClerr (SEAL) Nor. ,i � r7 a;.j rrtdaao- i� LOChTIdh i__ I _ Packet Page -101- n M Q rD Q a D C on C Zn t� tv O r Z D m r m in Z m V) 9/8/2015 9.A. NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on September 08, 2015, commencing at 9:00 a.m., in the Board of County Commissioners Chamber, Third Floor, Collier County Government Center, 3299 E. Tamiami Trail, Naples, FL The purpose of the hearing is to consider. The Establishment of a Community Development District to be known as Winding Cypress COD by Collier County Ordinance pursuant to Section 190.005(2), Florida Statutes. The district government would serve an area of land in Collier County generally described as follows: The proposed District is located entirety within Collier County, Florida in a portion of the Winding Cypress Planned Unit Development (PUD), located in the northeast quadrant of the intersection of U.S. 41 & C.R. 951. The proposed district covers approximately 358.06+!- acres of land. The site is located in part of Section 35, Township 50 South, Range 26 East, and portions of Sections 2 and 3, Township 51 South, Range 26 East, as depicted below. Such community development district special purpose government is a way to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described above, and specifically governing the planning, implementation, maintenance, and financing of basic community facilities, systems, and services which may be required of any such development consistent with principles of concurrency, comprehensive planning, and development permitting. On June 01, 2015, Richard Yovanovich with Coleman, Yovanovich & Koester, P.A., on behalf of DiVosta Homes, LP, Barron Collier Co., LTD, and Barron Collier Partnership, LLLP, officially submitted and filed its CDD petition to Collier County, along with the application- processing fee of $15,000.00 for review by the County. The Board's consideration of the CDD Petition will comply with Section 190.005(2)(b)(c), Florida Statutes, and including Section 190.012(1), 2(a) and 2(d) in conducting this Public Hearing. The purpose of this hearing is to consider the relationship of the petition as submitted by Rich Yovanovich, P.A. on behalf of DiVosta Homes, LP, Barron Collier Co., LTD, and Barron Collier Partnership, LLLP, to the six factors listed in Section 190.005(1)(e), Florida Statutes and determine whether Collier County will establish Winding Cypress Community Development District by adoption of an ordinance. According to the Petition, at least four categories of persons may be affected by the economic consequences of the proposed district establishment: State of Florida and its citizens (modest or very small); Collier County and its citizens (modest or very small); the present property owners; and the future property owners. A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance with the requirements of Section 120.541, Florida Statutes, including an explanation of its computations and determinations, is available for review, along with a copy of the full text of the petition and any of its documentation, at the Office of the County Clerk, Collier County, 3299 Tamiami Trail East, Suite 401, Naples, Florida. Copies of the petition, which contains the legal description of the real property to be serviced by the proposed district, are also on file at the Collier County Growth Management Department, Zoning Division, Comprehensive Planning Section, at 2800 North Horseshoe Drive, Naples, Florida. All interested persons are invited to attend. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL. 34112-5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. August 5, 12 & 19, 2015 Winding Cypress, Community Development District Brian Yonaley on behalf of DiVosta Homes, LLP, Douglas E. Baird on behalf of Barron Collier Co., LTD and Barron Collier Partnership, LLLP BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) No. 231121387 August 5, 12.19.2015 Packet Page -102- 1 Such community development district special purpose government is a way to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described above, and specifically governing the planning, implementation, maintenance, and financing of basic community facilities, systems, and services which may be required of any such development consistent with principles of concurrency, comprehensive planning, and development permitting. On June 01, 2015, Richard Yovanovich with Coleman, Yovanovich & Koester, P.A., on behalf of DiVosta Homes, LP, Barron Collier Co., LTD, and Barron Collier Partnership, LLLP, officially submitted and filed its CDD petition to Collier County, along with the application- processing fee of $15,000.00 for review by the County. The Board's consideration of the CDD Petition will comply with Section 190.005(2)(b)(c), Florida Statutes, and including Section 190.012(1), 2(a) and 2(d) in conducting this Public Hearing. The purpose of this hearing is to consider the relationship of the petition as submitted by Rich Yovanovich, P.A. on behalf of DiVosta Homes, LP, Barron Collier Co., LTD, and Barron Collier Partnership, LLLP, to the six factors listed in Section 190.005(1)(e), Florida Statutes and determine whether Collier County will establish Winding Cypress Community Development District by adoption of an ordinance. According to the Petition, at least four categories of persons may be affected by the economic consequences of the proposed district establishment: State of Florida and its citizens (modest or very small); Collier County and its citizens (modest or very small); the present property owners; and the future property owners. A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance with the requirements of Section 120.541, Florida Statutes, including an explanation of its computations and determinations, is available for review, along with a copy of the full text of the petition and any of its documentation, at the Office of the County Clerk, Collier County, 3299 Tamiami Trail East, Suite 401, Naples, Florida. Copies of the petition, which contains the legal description of the real property to be serviced by the proposed district, are also on file at the Collier County Growth Management Department, Zoning Division, Comprehensive Planning Section, at 2800 North Horseshoe Drive, Naples, Florida. All interested persons are invited to attend. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL. 34112-5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. August 5, 12 & 19, 2015 Winding Cypress, Community Development District Brian Yonaley on behalf of DiVosta Homes, LLP, Douglas E. Baird on behalf of Barron Collier Co., LTD and Barron Collier Partnership, LLLP BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) No. 231121387 August 5, 12.19.2015 Packet Page -102- Uri w a Q Z T,, C fV fV ut [W Q M '0 m N C J Q r aiRigni i; a n NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on September OB, 2015, commencing at 9,00 a.m., in the Board of County Commissioners Chamber, Third Floor, Collier County Government Center, 3299 E. Tamiami Trail, Naples, FL The purpose of the hearing is to consider: The Establishment of a Community Development District to be known as Winding Cypress CDD by Collier County Ordinance pursuant to Section 190.005(2), Florida Statutes. The district government would serve an area of land in Collier County generally described as follows: The proposed District is located entirely within Collier County, Florida in a portion of the Winding Cypress Planned Unit Development (PUD), located in the northeast quadrant of the intersection of U.S. 41 & C.R. 951. The proposed district covers approximately 358.06 + /- acres of land. The site is located in part of Section 35, Township 50 South, Range 26 East, and portions of Sections 2 and 3, Township 51 South, Range 26 East, as depicted below. Such community development district special purpose government is a way to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described above, and specifically governing the planning, implementation, maintenance, and financing of basic community facilities, systems, and services which may be required of any such development consistent with principles of concufrency, comprehensive planning, and development permitting. On June 01, 2015, Richard Yovanovich with Coleman, Yovanovich & Koester, P.A., on behalf of DiVosta Homes, LP, Barron Collier Co., LTD, and Barron Collier Partnership, LLLP, officially submitted and filed its CDD petition to Collier County, along with the application - processing fee of $15,000.00 for review by the County. The Board's consideration of the CDD Petition will comply with Section 190.005(2)(b)(c), Florida Statutes, anr' including Section 190.012(1), 2(a) and 2(d) in conducting this Public Hearing. The purpose of this hearing is t, consider the relationship of the petition as submitted by Rich Yovanovich, P.A. on behalf of DiVosta Homes, LP, Barron Collier Co., LTD, and Barron Collier Partnership, LLLP, to the six factors listed in Section 190.005(1)(e), Florida Statutes, and determine whether Collier County will establish Winding Cypress Community Development District by adoption of an ordinance. According to the Petition, at least four categories of persons may be affected by the economic consequences of the proposed district establishment: State of Florida and its citizens (modest or very small); Collier County and its citizens (modest or very small); the present property owners; and the future property owners. A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance with the requirements of Section 120.541, Florida Statutes, including an explanation of its computations and determinations, is available for review, along with a copy of the full text of the petition and any of its documentation, at the Office of the County Clerk, Collier County, 3299 Tamiami Trail East, Suite 401, Naples, Florida. Copies of the petition, which contains the legal description of the real property to be serviced by the proposed district, are also on file at the Collier County Growth Management Department, Zoning Division, Comprehensive Planning $action, at 2800 North Horseshoe Drive, Naples, Florida. All interested persons are invited to attend. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. August 5, 12 & 19, 2015 Winding Cypress, Community Development District Brian Yonaiey oh behalf of DiVosta Homes, LLP, Douglas E. Baird on behalf of Barron Collier Co., LTD and Barron Collier Partnership, LLLP BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK CLERK . By: Martha Vergara, Deputy Clerk (SEAL) No, 231121387 Augusts 12 19 2015 Packet Page -103- t I, �I► ,., Vd.:r����lo Such community development district special purpose government is a way to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described above, and specifically governing the planning, implementation, maintenance, and financing of basic community facilities, systems, and services which may be required of any such development consistent with principles of concufrency, comprehensive planning, and development permitting. On June 01, 2015, Richard Yovanovich with Coleman, Yovanovich & Koester, P.A., on behalf of DiVosta Homes, LP, Barron Collier Co., LTD, and Barron Collier Partnership, LLLP, officially submitted and filed its CDD petition to Collier County, along with the application - processing fee of $15,000.00 for review by the County. The Board's consideration of the CDD Petition will comply with Section 190.005(2)(b)(c), Florida Statutes, anr' including Section 190.012(1), 2(a) and 2(d) in conducting this Public Hearing. The purpose of this hearing is t, consider the relationship of the petition as submitted by Rich Yovanovich, P.A. on behalf of DiVosta Homes, LP, Barron Collier Co., LTD, and Barron Collier Partnership, LLLP, to the six factors listed in Section 190.005(1)(e), Florida Statutes, and determine whether Collier County will establish Winding Cypress Community Development District by adoption of an ordinance. According to the Petition, at least four categories of persons may be affected by the economic consequences of the proposed district establishment: State of Florida and its citizens (modest or very small); Collier County and its citizens (modest or very small); the present property owners; and the future property owners. A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance with the requirements of Section 120.541, Florida Statutes, including an explanation of its computations and determinations, is available for review, along with a copy of the full text of the petition and any of its documentation, at the Office of the County Clerk, Collier County, 3299 Tamiami Trail East, Suite 401, Naples, Florida. Copies of the petition, which contains the legal description of the real property to be serviced by the proposed district, are also on file at the Collier County Growth Management Department, Zoning Division, Comprehensive Planning $action, at 2800 North Horseshoe Drive, Naples, Florida. All interested persons are invited to attend. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. August 5, 12 & 19, 2015 Winding Cypress, Community Development District Brian Yonaiey oh behalf of DiVosta Homes, LLP, Douglas E. Baird on behalf of Barron Collier Co., LTD and Barron Collier Partnership, LLLP BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK CLERK . By: Martha Vergara, Deputy Clerk (SEAL) No, 231121387 Augusts 12 19 2015 Packet Page -103- Z r M to O D r Z M to 0 C CD a rD to CL a '^C D C Oct C to O N O ft Ul a 9/8/2015 9.A. PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE.OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on September 06, 2015, commencing at 9:00 a.m., in the Board of County Commissioners Chamber, Third Floor, Collier County Government Center, 3299 E. Tamiami Trail, Naples, FL. The purpose of the hearing is to consider: The Establishment of a Community Development District to be known as Winding Cypress CDD by Collier County Ordinance pursuant to Section 190.005(2), Florida Statutes. The district government would serve an area of land in Collier County generally described as follows: The proposed District is located entirely within Collier County, Florida in a portion of the Winding Cypress Planned Unit Development (PUD), located in the northeast quadrant of the intersection of U.S. 41 & C.R. 951: The proposed district covers approximately 358.06+/- acres of land. The site is located in part of Section 35, Township 50 South, Range 26 East, and portions of Sections 2 and 3, Township 51 South, Range 26 East, as depicted below. Orr- Such community development district special purpose government is a way to provide infrastructure subject.to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described above, and specifically governing the planning, implementation, maintenance, and financing of basic community facilities, systems, and services which may be required of any such development consistent with principles of concurrency, comprehensive planning, and development permitting. On June 01, 2015, Richard Yovanovich with Coleman, Yovanovich & Koester, P.A., on behalf of DiVosta Homes, LP, Barron Collier Co., LTD, and Barron Collier Partnership, LLLP, officially submitted and filed its CDD petition to Collier County, along with the application - processing fee of $15,000.00 for review by the County. The Board's consideration of the CDD Petition will comply with Section 190.005(2)(b)(c), Florida Statutes, and including Section 190.012(1), 2(a) and 2(d) in conducting this Public Hearing. The purpose of this hearing is to consider the relationship of the petition as submitted by Rich Yovanovich, P.A. on behalf of DiVosta Homes, LP, Barron Collier Co., LTD, and Barron Collier Partnership, LLLP, to the six factors listed in Section 190.005(1)(e), Florida Statutes and determine whether Collier County will establish Winding Cypress Community Development District by adoption of an ordinance. According to the Petition, at least four categories of persons may be affected by the economic consequences of the proposed district establishment: State of Florida and its citizens (modest or very small); Collier County and its citizens (modest or very small); the present property owners; and the future property owners. A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance with the requirements of Section 120.541, Florida Statutes, including an explanation of its computations and determinations, is available for review, along with a copy of the full text of the petition and any of its documentation, at the Office of the County Clerk, Collier County, 3299 Tamiami Trail East, Suite 401, Naples, Florida. Copies of the petition, which contains the legal description of the real property to be serviced by the proposed district, are also on file at the Collier County Growth Management Department, Zoning Division, Comprehensive Planning Section, at 2800 North Horseshoe Drive, Naples, Florida: All interested persons are invited to attend. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. August 5, 12 & 19, 2015 Winding Cypress, Community Development District Brian Yonaley on behalf of DiVosta Homes, LLP, Douglas E. Baird on behalf of Barron Collier Co., LTD and Barron Collier Partnership, LLLP BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) No. 231121387 Augusts 12 19 2015 Packet Page -104- r 1, e 1. it 1- 7 Y U 151111., iN U I It-h r U MAC NOTICE PUBLIC NOTICE_ NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on September 08, 2015, commencing at 9;00 a.m., in the Board of County Commissioners Chamber, Third Floor, Collier County Govemment Center, 3299 E. Temiami Trail, Naples, FL The purpose of the hearing is to consider. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT LOCATED IN UNINCORPORATED COLLIER COUNTY AND CONTAINING APPROXIMATELY 359.06 ACRES; PROVIDING FOR THE AUTHORITY FOR ORDINANCE; PROVIDING FOR THE ESTABLISHMENT OF THE BOUNDARIES FOR THE WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR THE DESIGNATION OF 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 The Establishment of a Community Development District to be known as Winding Cypress COD by Collier County Ordinance pursuant to Section 190.005(2), Florida Statutes. The district government would serve an area of land in Collier County generally described as follows: The proposed District is located entirely within Collier County, Florida in a portion of the Winding Cypress Planned Unit Development (PUD), located in the northeast quadrant of the intersection of U.S. 41 & C.R. 951. The proposed district covers approximately 358.06+/- acres of land. The site is located in part of Section 35, Township 50 South, Range 26 East, and portions of Sections 2 and 3, Township 51 South, Range 26 East, as depicted below. t 1 I MOM AWR�r���IL:��o Such community development district special purpose government is a way to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described above, and specifically governing the planning, implementation, maintenance, and financing of basic community facilities, systems, and services which may be required of any such development consistent with principles of concurrency, comprehensive planning, and development permitting. On June 01, 2015, Richard Yovanovich, with Coleman, Yovanovich & Koester, PA, on behalf of DiVosta Homes, LP, Barron Collier Co., LTD, and Barron Collier Partnership, LLLP, officially submitted and filed its COD petition to Collier County, along with the application - processing fee of $15,000.00 for review by the County. The Boards consideration of the COD Petition will comply with Section 190.005(2)(b)(c), Florida Statutes, and including Section 190 012(l), 2(a) and 2(d) in conducting this Public Hearing. The purpose of this hearing is to consider the relationship of the petition as submitted by Rich Yovanovich, RA. on behalf of DIVosta Homes, LP, Barron Collier Co., LTD, and Barron Collier Partnership, LLLP, to fhe six factors listed in Section 190.005(1)(e), Florida Statutes, and determine whether Collier County will establish Winding Cypress Community Development District by adoption of an ordinance. According to the Petition, at least four categories of persons may be affected by the economic consequences of the proposed district establishment: State of Florida and its citizens (modest or very small); Collier County and its citizens (modest or very small); the present property owners; and the future property owners. A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance with the requirements of Section 120.541, Florida Statutes, including an explanation Of its computations and determinations, is available for review, along with a copy of the full text of the petition and any of its documentation, at the Office of the County Clerk, Collier County, 3299 Tamiami Trail East, Suite 401., Naples, Florida. Copies of the petition, which contains the legal description of the real property to be serviced by the proposed district, are also on file at the Collier County Growth Management Department, Zoning Division, Comprehensive Planning Section, at 2800 North Horseshoe Drive, Naples, Florida. All interested persons are invited to attend. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. August 26, 2015 'Winding Cypress, Community Development District Brian Yonaley on behalf of DiVOsta Homes, LLP, Douglas E. Baird on behalf of Barron Collier Co., LTD and Barron Collier Partnership, LLLP BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) No. 231121388 Packet Page -105- - _ A=ust 26, 2015 9/8/2015 9.A. W a VC G fD a (D In Q a D C DO C Ln N N 0 N z D r M to O D r { Z M <n t