Ordinance 2021-07 ORDINANCE NO. 2021- 07
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, CREATING THE PALM RIVER
SIDEWALK MUNICIPAL SERVICE TAXING UNIT IN ORDER TO
PROVIDE SIDEWALKS WITHIN THE COMMUNITY; PROVIDING FOR
THE BOARD OF COUNTY COMMISSIONERS TO BE THE UNIT'S
GOVERNING BODY; PROVIDING FOR FUNDING AND THE LEVY OF
AD VALOREM TAXES NOT TO EXCEED ONE-HALF (1/2) MIL;
PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR
DUTIES OF THE COUNTY MANAGER; PROVIDING FOR INCLUSION
IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Palm River Estates and contiguous neighborhoods have been without a
community wide sidewalk for safety, pedestrian access, and enjoyment by the residents; and
WHEREAS, the property owners within Palm River Estates and contiguous
neighborhoods which are accessed exclusively via the roads into Palm River Estates have reached
out to Collier County to establish a County-directed Municipal Service Taxing Unit to address the
necessity for sidewalks; and
WHEREAS, the County's Public Utilities Department is implementing a comprehensive
utilities replacement project to include County water,sewer,and stormwater utilities in Palm River
Estates ("Project"); and
WHEREAS,on December 8, 2020,the Board approved moving forward with the creation
of the MSTU to fund the installation of sidewalks and to include it as part of the Project, which
significantly reduces the costs to install the sidewalks.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Authority.
This Ordinance is adopted pursuant to the provisions of Section 125.01, Florida Statutes,
and other applicable provisions of law.
SECTION TWO: Creation of the Municipal Service Taxing Unit.
There is hereby created and established the Palm River Sidewalk Municipal Service Taxing
Unit, hereinafter referred to as the "MSTU." The property subject to the MSTU shall be all
properties within the boundaries as described on the attached Exhibit"A."'
[20-ATM-00522/1590593/11 Page 1 of 3
SECTION THREE: Purpose and Governing Body.
The MSTU is created for the installation of sidewalks within Palm River Estates for
community-wide use, including adjacent contiguous neighborhoods within the MSTU boundaries.
The governing body of the MSTU shall be the Board of County Commissioners of Collier
County, Florida.
SECTION FOUR: Funding and Levy of Taxes.
For the purpose of implementing this Ordinance,the Board of County Commissioners shall
annually, at the time required by general budgetary law, make an itemized estimate of the amount
of money required to carry out the business of the MSTU for the next fiscal year, which shall be
from October 1 to and including the following September 30. The estimate shall describe the
purpose for which the monies are required and the amount necessary to be raised by taxation within
the MSTU. At the time and place for fixing the annual rate of taxation for County purposes, the
Board of County Commissioners shall fix and cause to be levied a millage rate not to exceed
one-half(1/2) mil on all properties subject to taxation within the MSTU.
SECTION FIVE: Tax Assessment and Collection.
Taxes herein provided for shall be assessed and collected in the same manner and form as
provided for the assessment and collection of general County taxes and subject to the same fees
for assessing and collecting as general County taxes.
SECTION SIX: Duties of the County Manager or Designee.
The duties of the County Manager or designee are as follows:
A. To carry out the purposes of the MSTU in accordance with established practices
and policies of the Board of County Commissioners and as set forth in this Ordinance; and
B. To prepare and recommend an itemized annual budget of the amount of money
required to carry out the business of the MSTU for the next fiscal year in accordance with this
Ordinance.
SECTION SEVEN: Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
[20-ATM-00522/1590593/1] Page 2 of 3
S
SECTION EIGHT: Inclusion in the 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 Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION NINE: Effective Date.
This Ordinance shall be effective upon filing with the Florida Department of State.
PASSED AND DyLY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 693rC1 day of fe.bructry , 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIE CO TY, FLORIDA
By: a�A.IA , Oe- e By:
AM ' 1; `, Y, .ty Clerk PENNY T LOR, CHAIR
igPatute only
1��
Approved'�as '6 —1 d legality:
jr
I ' "
Jeffrey A. la1zkov, county Attorney
j
- , 4;rurr ' '
Ore r.�yof ftien a,
and cackrr ti ' 'j (,
[20-ATM-00522/1590593/1] Page 3 of 3 - , __ "
BY
CAO.
I
DESCRIPTION EXHIBIT Al
A TRACT OR PARCEL OF LAND LYING SECTIONS 22, 23 AND 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, THENCE SOUTH 00'10'30" EAST ALONG SAID EAST LINE FOR 1,836.96 FEET TO THE SOUTHEAST
COLLIER COUNTY, FLORIDA, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CORNER OF OAK TREE MEDICAL CENTER, A CONDOMINIUM AS RECORDED IN OFFICIAL RECORDS BOOK
2242, PAGE 1055, SAID PUBLIC RECORDS;
BEGINNING AT NORTHWEST CORNER OF SAID SECTION 24 THENCE NORTH 88'46'46" EAST ALONG THE THENCE SOUTH 89'12'32" WEST ALONG THE SOUTH LINE OF SAID OAK TREE MEDICAL CENTER, FOR
NORTH LINE OF SAID SECTION 24 FOR 1,324.00 FEET TO THE NORTHEAST CORNER OF CANDLEW000 430.42 FEET TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY OF SAID CYPRESS WAY EAST;
TWO AS RECORDED IN PLAT BOOK 26, PAGE 34, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 00'13'50" WEST ALONG SAID EAST RIGHT-OF-WAY FOR 43.06 FEET TO AN
THENCE SOUTH 00'10'47" EAST ALONG THE EAST LINE OF SAID CANDLEWOOD TWO, CANDLEWOOD THREE INTERSECTION WITH THE NORTH RIGHT-OF-WAY OF PIPER BOULEVARD;
AS RECORDED IN PLAT BOOK 32, PAGE 64, SAID PUBLIC RECORDS, CANDLEWOOD, AS RECORDED IN THENCE SOUTH 89'48'27" WEST ALONG SAID NORTH RIGHT-OF-WAY FOR 2,854.74 FEET TO AN o
PLAT BOOK 17, PAGE 52, SAID PUBLIC RECORDS, AND PROLONGATION THEREOF FOR 1,490.88 FEET TO INTERSECTION WITH THE EAST LINE OF PALM RIVER ESTATES, UNIT NO. 7 AS RECORDED IN PLAT BOOK
THE SOUTHEAST CORNER OF NORTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE 12, PAGE 28, SAID PUBLIC RECORDS; 46
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 24; THENCE THE FOLLOWING THREE BEARINGS AND DISTANCES ON THE EAST AND SOUTH LINE OF SAID °
THENCE SOUTH 89'48'07" WEST ALONG SOUTH LINE OF SAID FRACTION FOR 662.01 FEET TO AN PALM RIVER ESTATES, UNIT NO. 7:
INTERSECTION WITH THE EAST LINE OF QUAIL CROSSING AS RECORDED IN PLAT BOOK 17, PAGE 3, 1. SOUTH 00'11'28" EAST, FOR 115.96 FEET; ID
SAID PUBLIC RECORDS;
THENCE THE FOLLOWING FOUR BEARINGS AND DISTANCES ALONG EAST, SOUTH AND WEST LINE OF SAID 2. SOUTH 89'14'DO" WEST, FOR 1,275.16 FEET; N
QUAIL CROSSING: 3. NORTH 42'18'52" WEST, FOR 1,102.82 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID
SECTION 23;
1. SOUTH DO'14'21" EAST, FOR 421.43 FEET; THENCE SOUTH 00'10'04" EAST ALONG SAID WEST LINE FOR 76.32 FEET TO AN INTERSECTION WITH o
2. SOUTH 61'46'02" WEST, FOR 544.59 FEET; THE CENTERLINE OF THE COCOHATCHEE RIVER; S.
3. SOUTH 88'57'42" WEST, FOR 182.19 FEET; THENCE THE FOLLOWING SIX BEARINGS AND DISTANCE ALONG SAID CENTERLINE: j
4. NORTH 00'09'52" WEST, FOR 86.11 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF PALM 1, NORTH 42'18'46" WEST. FOR 217.56 FEET;
RIVER ESTATES UNIT NO. 5 AS RECORDED IN PLAT BOOK 10, PAGE 92, SAID PUBLIC RECORDS; vi
2. NORTH 10'25'07" WEST, FOR 168.51 FEET:
THENCE SOUTH 68'09'55" WEST ALONG SAID SOUTH LINE FOR 103.03 FEET TO AN INTERSECTION WITH U,
THE EAST RIGHT-OF-WAY OF CYPRESS WAY EAST, PALM RIVER ESTATES UNIT NO. 4 AS RECORDED IN 3. NORTH 29'30'21"WEST, FOR 104.35 FEET;
PLAT BOOK 8, PAGE 69, SAID PUBLIC RECORDS; 4. NORTH 64'17'27" WEST, FOR 241.22 FEET;
THENCE SOUTHERLY 241,56 FEET ALONG SAID RIGHT-OF-WAY ON ARC OF A NON-TANGENTIAL CURVE 5. NORTH 70'14'16" WEST, FOR 756.92 FEET;
TO THE RIGHT HAVING A RADIUS OF 630.00 FEET THROUGH A CENTRAL ANGLE OF 21'58'08" AND 6. SOUTH 84'25'08" WEST, FOR 176.59 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE ;
BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 11'08'56" EAST FOR 240.08 FEET;
SEABOARD RAILROAD RIGHT-OF-WAY;
THENCE NORTH 05'34'52" WEST ALONG SAID RIGHT-OF-WAY FOR 1,061.55 FEET TO AN INTERSECTION 2.
THENCE CONTINUE ALONG SAID EAST RIGHT-OF-WAY SOUTH 00'09'52" EAST, FOR 307.07 FEET TO AN v
WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 22;
INTERSECTION WITH THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 23; o:
THENCE NORTH 89'50'08" EAST ALONG SAID EAST-WEST QUARTER SECTION LINE FOR 50.00 FEET TO THENCE SOUTH 89'32'49" EAST ALONG SAID NORTH LINE FOR 1,431.75 FEET TO THE WEST QUARTER
THE EAST QUARTER CORNER OF SAID SECTION 23; CORNER OF SAID SECTION 23;
THENCE NORTH B8'56'42" EAST ALONG THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 24
THENCE NORTH 00'10'40" WEST ALONG THE WEST LINE OF SAID SECTION 23 FOR 2,658.77 FEET TO
FOR 662.33 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST THE NORTHWEST CORNER OF SAID SECTION 23;
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 24; THENCE SOUTH 89'36'15" EAST ALONG THE NORTH LINE OF SAID SECTION 23 FOR 2,650.07 FEET TO 0_
THENCE SOUTH 00'06'28" EAST ALONG THE EAST LINE OF SAID FRACTION OF A SECTION FOR 330.88 THE NORTH QUARTER CORNER OF SAID SECTION 23; I
FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAWGRASS OF NAPLES AS RECORDED IN PLAT THENCE NORTH 88'42'48" EAST ALONG THE NORTH LINE OF SAID SECTION 23 FOR 2,651.22 FEET TO N
BOOK 30, PAGE 24, SAID PUBLIC RECORDS; THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; ry
THENCE THE FOLLOWING THREE BEARINGS AND DISTANCE ALONG THE NORTH, EAST AND WEST LINES OF CONTAINING 723.94 ACRES, MORE OR LESS. o
SAID SAWGRASS OF NAPLES: o
1. NORTH 88'59'22" EAST FOR 662.20 FEET;
2. SOUTH 00'09'34" EAST FOR 331.10 FEET; Li
3. SOUTH 89'01'15" WEST FOR 1,324.16 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID
SECTION 23; 'THIS IS NOT A SURVEY' N
DRAWN BY: TJD SKETCH AND DESCRIPTION
CHECKED BY: DLS go
Q.Grady Minor and800 Vla Dcl P.A. w
3800 Associa es.Rcy DACE SIGNED O�
JOB CODE: CCU277 Bonita Springs.Florida 34134 PARCEL OF LAND
SCALE: 1"•1000' LYING IN >
DATE: 12/29/2020 Civil Engineers • Land Surveyors • Planners • Landscape Architects SECTIONS 22,23 AND 24,TOWNSHIP 48 SOUTH,RANGE 25 EAST i
FILE: 20-223 MSTU SSD Cert.of EB 0005151 Cert.or.iutn.LB 0003151 Business LC 26000268 COLLIER COUNTY,FLORIDA SOUPY'J.DORIES,FDA F
FL LICENSE 16756
SHEET: 1OF 2 Bonito Springs: 239.947.1144 www.Gcodl'Af/nor.com Port Myers: 239.690.43RO FOP THE FIRM 6
S
•
NORM too OF POB ARM LPN OF SECTION 24
NW CORNER OF NOFM 1
5ECRON 1! /1 CORNER NW CORNER i
sECTON 2215 11 OF SMRON I! SECROh'N 11 13 8B'494e'E f314.00' NE CQPNER
588.3e'1!'E 166007' NBB'Ia'IB'E 1B31.1a' N �CUAIENUOp R10
22 23 ' , 1' �N Ep
,11'1'11111, . LIN O�.
-�,",ems— , '���J.. NER En ncrEB V—I= EAST A'E OF
�'. M' il■■Div I �lab m■w. L CYoIPVwO nro.
WEST LINE OF SECRON TJ ! \ A/40 CNOLE 000
' •"S l EN STATED ' . 4"'-c •an S AHJ GNOLEXOOO -N-
j
3� .111
� � I �E ' f 4111111.= �....v SW nOEE,Dr M(NW I/I OF E aI
*NOV•• /� ■'.• NO. ',Wa66.1111e1=:.^//r 9ee••evi-w aeelol' N
_ /•�•.1 f ,. 9 e6'08'13'w 103.OJ' .II`��j Or ngMOM tslY%1/2 OF 4551 OF nK NMHI%OF SFCMN TI
aa l�.."•��.11 P wsF° R WOES►�� '_ S O LME FOE WU421.43'IL O
WEST OW4TEF CORNER • . .-',,, UNIT No.5*V. SWMBME(YapW 1144.59'CROSSIN M
0110 NH a! *Nei W�.,. .�..`. I R 41� � EASE LINE Of IN EBB AFT WARIER srnON LINE 0 500' 1000' 2000' IN
NORM LIRE OF SE I/1 �iµ' .... , ,�=1, CMRESS WAY EAST IV 86YBL1•E 861.33'
OF SECMN II l,`�'i� •�•`� � 90'08'11'E 307.07' I NE CORNER OF ME MY 1/4 OF THE NW SCALE: 1 II = 1000'
98B'3a19'�1431.M. (r�'a• , I I. I/1.0420,ME SW 30.OF SECTION 21 /
• 68'SO'OB'E 50.00 �� NBB NORM
662.20. c'
. �1_ ARM 44 of THIS PLAN MAY HAVE BEEN ENLARGED OR
g 1 !1Jjj
H cOWNEn wNceus or nwEs REDUCED FROM INTENDED DISPLAY SCALE o
H.EA 3 U Econwo ,'% ■• ■
4.4, /�//f///�• PB = FIAT BOOK CENTER4C w ■:=='=� . PCB PONT 0f BEGINNING o
CENTER LINE OF SO.10w•E E6.32' lip , .�
�...■ NOTES: cc
Ne4.1227.W 241.u• f,�.=1 r'M�:1M■ PALM ✓N w I. ECARIACS SM7MV HEREON ARC BASSO OS Of STATE RAW p7gt'AN42
N a9.30'11'W 10I9e' `�11 I,1 ,_..�` �..•.■ P rna T1 •f• p cc
N 10.21'0E"W 164E1' 1 �,,_ FAST \ _ SI
N Ia•rava•w zr>16• '���■ .Rai0r-WAY 'n'StEt/ESTABLISHED BY ME N4lipYSC (XTXk I1C ANMY MR F70%p4 EAST
�, !:,
. Esa� rn s xArAIPEEsrAlf'' = ■■_RO1■ I • WSECTION 0'E „ 86 ■ i_ 6' 266I.>I'I II I \ - "\f ------- (OR 2242 PC 1055) M
, I 1
22 23 _.—__.$68•f4M,'W 1273.16'. �'�''1-.4 ______—_..___. _ _n za 2. OesioRE SHOOK HEREON ME IN US SLAYfl FEET M,T DECALS HA
N 0.1330•W 43.08' 26 25 N
n ze MN.OwaEE R0A0 OFRM R BOULEVARD
REhFp' /
SRAM we-a a Pipf AOLIEVARD S e LINE Or A 43012' O
PALM RAM MM. SCUM ACE MA TREE N
ova�'2 CURVE TABLE M*oo.#0CENSER.A W°N0°MIrAUM J. AIT SsOOT AVELLl'SCX5CENIPPON IS COI WED KITI/OR AE 11E CK1pNO o
(m u4T.Pc IBA/ 9gJ9R.2 A"O SEAL CE A LICENSE)FLORIDAORI SU7.'EIp7 AVE WPM? NO )
CORK[ RAOR/s LENCM DELTA CHORD REAPING CHORD LENCM ACYDROA5 OR 07TONS / IRS SKE7CH D MA Q3CIBPDON ARE FER/ W
IEIED
incur Of EXPRESSED WRITTEN CONSENT OF/h-SON/f PARTY.
CI 630.00' 241.56' 21'56'C8' S I I'08'S6-E 240.08'
THIS IS NOT A SURVEY' v,
DRAWN BY: TJD SKETCH AND DESCRIPTION
CHECKED BY: DLS 0.Grady Minor and.ASHOCI31.es.P.A. W
JOB CODE: CCUInlga GradyMinor 3800 Via Del Rey o
Bonita Springs.Florida 34134 PARCEL OF LAND a
SCALE: El•1000' LYING IN .-
DATE: 12/29/2020 Civil Engineers • Land Surveyors • Planners . Landscape Architects SECTIONS 22,23 AND 24,TOWNSHIP 48 SOUTH,RANGE 25 EAST
FILE: 20-223 MSTU S&D Cert.of.Auth.EB 0005151 Cert.of A11Lh.LB 0003151 Business LC 26000286 COLLIER COUNTY,FLORIDA N
•
SHEET: 2OF2 Bonito Springs: 239.947.1144 www.GradFM/nor.com Fort Myers: 239.690.4380 6
CAS
1
i �1� �� ►
B lisle m mmN 111�f �*MI . MP ::
2*NI .r.
'as 1f �„4.... .....,„,........._,.., _ _,
.... , ,.__,
_.
lio ', os
i fff *D 101 ► I ,
ff ev
11
• 1�f fff f ffff' gig
0 500' 1000' 2000'
a lgffffi r �� SCALE: 1' = 1000' o
ni
f Nffffff f 1
*li w ` r ...IS��' �; ,„ THIS PLAN MAY HAVE BEEN ENLARGED OR
ea - —�'-_--"" --""-" I REDUCED FROM INTENDED DISPLAY SCALE
i — 1_- I I �r FOR REPRODUCTION REASONS j
--ill. ••ali fff12
/ 7
//�(� F ! ab iiii t10k
viiIN11� .■ cc
,�` \�1110Ionatt��':i� r{ �._ LEGEND
_ _., J
nl
NOTES: L
AERIAL S':CMN PROVIDED BY COWER
COUMY FRO ERIY aroRl41R 613E0 1020 N
DRAWN BY: TJD MSTU BOUNDARY EXHIBIT
CHECKED BY: DLS 1111 (,r a dyM i n o r 0.Grady Minor and Associates.P.A. Ica]3800 Via Del Key
JOB CODE CCU277 Bonita Springs,Florida 34134 PARCEL OF LAND a
SCALE: 1"•1000' LYING IN --
DATE. 12/29/2020 CIVII Engineers • Land Surveyors • ('tanners • Landscape Architects SECTIONS 22,23 AND 24,TOWNSHIP 48 SOUTH,RANGE 25 EAST
FILE: 20-223 MSTU SOD Cerl.of Aulli.LB 0005151 Cert.of Atoll.LB 0005151 Business LC 26000266 COLLIER COUNTY,FLORIDA Po
SHEET. 1 OF 1 Bonita Springs: 239.947.1144 wo'w.Gradybllnor.com Fort Myers: 239.690.4380
u
CAO
465._
L.
14w w�
1�
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
March 2, 2021
Ms. Ann Jennejohn, BMR Senior Clerk Il
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Jennejohn:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2021-07, which was filed in this office on March 2, 2021.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270