Ordinance 2023-33 ORDINANCE NO. 2023 -3 3.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING THE CAYMAS o
COMMUNITY DEVELOPMENT DISTRICT LOCATED IN w O
UNINCORPORATED COLLIER COUNTY AND CONTAINING Q
APPROXIMATELY 767.687+/- ACRES; PROVIDING FOR THE Q
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AUTHORITY FOR ORDINANCE; PROVIDING FOR THE (9 Q o Q
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ESTABLISHMENT OF THE BOUNDARIES FOR THE CAYMAS "
COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR THE 6 o 3
DESIGNATION OF INITIAL BOARD MEMBERS; PROVIDING FOR o o 6
THE DISTRICT NAME; PROVIDING STATUTORY PROVISIONS F _
GOVERNING THE DISTRICT; PROVIDING FOR CONSENT TO ((Al ° o
SPECIAL POWERS; PROVIDING FOR PETITIONER'S z oY
COMMITMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; ° w
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
[PL20230000377]
WHEREAS, Gregory L. Urbancic, Esq., of Coleman, Yovanovich & Koester, P.A.,
representing SD San Marino, LLC, has petitioned the Board of County Commissioners of Collier
County, Florida ("Board"), a political subdivision of the State of Florida, to establish the Caymas
Community Development District("District"); and
WHEREAS, the Board, 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 section 190.005,
Florida Statutes, and all statements contained within the petition are true and
correct.
2. Establishment of the proposed District is not inconsistent with any applicable
element or portion of the local comprehensive plan of Collier County,known as the
Collier County Growth Management Plan, or the State Comprehensive Plan.
3. The area of land within the proposed District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional
interrelated community.
4. The District is the best alternative available for delivering community development
services and facilities to the area that will be serviced by the District.
[23-CMP-01161/1789418/1] 40 Page 1 of 5
CAO
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 sections 190.012(2)(a) and (2)(d), Florida Statutes, in connection
with the establishment of the proposed community development district, the petition further seeks
the consent from Collier County for the grant of authority to exercise special powers without
question as to the continued right authority and power to exercise its limited powers as established
by this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AUTHORITY FOR ORDINANCE
This Ordinance is adopted pursuant to section 190.005(2), Florida Statutes, and other
applicable provisions of law governing county ordinances.
[23-CMP-01161/1789418/1] 40 Page 2 of 5
co
SECTION TWO: ESTABLISHMENT OF THE BOUNDARIES FOR THE CAYMAS
COMMUNITY DEVELOPMENT DISTRICT.
The Caymas 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. Erica Lolli 2. Chris Johnson
2639 Professional Circle #101 2639 Professional Circle, #101
Naples, FL 34119 Naples, FL 34119
3. Drew Kowalczyk 4. Keith Gelder
2639 Professional Circle #101 2639 Professional Circle, #101
Naples, FL 34119 Naples, FL 34119
5. John Ferry
2639 Professional Circle #101
Naples, FL 34119
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"Caymas Community Development District."
SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT
The Caymas 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
Upon the effective date of this Ordinance, the Caymas Community Development District
will be duly and legally authorized to exist and exercise all of its powers as set forth in section
190.012(1), Florida Statutes, and as otherwise provided by law. Further, the Board hereby
consents to the exercise by the Board of Supervisors of the District of the special powers set forth
in sections 190.012(2)(a) and (2)(d), Florida Statutes, to plan, establish, acquire, construct or
[23-CMP-01161/1789418/1]40 Page 3 of 5
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reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for:
(i) parks and facilities for indoor and outdoor recreational, cultural, and educational uses; and (ii)
security,including,but not limited to,guardhouses,fences and gates,electronic intrusion-detection
systems, and patrol cars, when 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 Recitals 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 SEVERABILITY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
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.
[23-CMP-01161/1789418/1]40 Page 4 of 5
0
SECTION TEN: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 2 Tr day of v f1 E , 2023.
ATTEST: ,.r BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINAFL,,CLERK COLLIER COUNTY, FLORIDA
•
..-.11PAIdftwAra By.
Attest es.to-Chaim: .; i s AlartRick LoCastro, Chairman
sx.
sigrnatire,only.
Appr ved as to form and legality:
PA4
Derek D. Perry
Assistant County Attorney
Attachments:
Exhibit"A"— Sketch and Legal Description of the District Boundaries
This ordinnrice filed with the
Secratcry of 5t,�te's Office the
. day of t;IL- ,
orvd acknowledgerkn; of that
CNN received this day
of Jul.� � � .
Clerk
[23-CMP-01161/1789418/1] 40 Page 5 of 5
0
Exhibit "A"
RHODES c&RHODESLAND SURVEYING, INO
88100 BOlVITA GR4NDE 1111IVA BU1421107
BONITABPRZNG8 PZ31136
PRONE OM)40 F8100 F4S(899)40X8163
CDD LEGAL DESCRIPTION
BEING A PARCEL OF LAND LYING IN SECTIONS 11, 12,13,AND 14,TOWNSHIP 50 SOUTH,RANGE 26
EAST,COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF FOREST GLEN OF NAPLES, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 31, PAGES 94 THROUGH 103 (INCLUSIVE) OF THE
PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,THE SAME BEING THE NORTHEAST CORNER
OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE
SOUTH 00°45'13" WEST, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 11,A
DISTANCE OF 1,356.42 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 12,TOWNSHIP 50 SOUTH,RANGE 26 EAST,SAID COLLIER COUNTY,
FLORIDA;THENCE NORTH 87°47'32"EAST,ALONG NORTH LINE OF SAID FRACTION,A DISTANCE
OF 1,318.80 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE SOUTH 00°40'50"
WEST, ALONG THE EAST LINE OF SAID FRACTION, A DISTANCE OF 1,353.60 FEET TO THE
NORTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 12; THENCE
SOUTH 00°42'14"WEST,ALONG THE EAST LINE OF LAST SAID FRACTION,A DISTANCE OF 2,707.26
FEET TO THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION
13, TOWNSHIP 50 SOUTH, RANGE 26 EAST, SAID COLLIER COUNTY, FLORIDA; THENCE SOUTH
00°39'29"WEST,ALONG LAST SAID FRACTION,A DISTANCE OF 1,345.37 FEET TO THE SOUTHEAST
CORNER OF SAID FRACTION; THENCE SOUTH 87°30'06" WEST, ALONG LAST SAID FRACTION, A
DISTANCE OF 824.11 FEET TO A POINT ON THE BOUNDARY OF HACIENDA LAKES OF NAPLES,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 55, PAGES 10 THROUGH 21
(INCLUSIVE)OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY,FLORIDA;THENCE RUN THE
FOLLOWING SEVEN (7) COURSES ALONG THE BOUNDARY OF SAID PLAT; COURSE NO. 1:
CONTINUE SOUTH 87°30'06" WEST, ALONG THE SOUTH LINE OF LAST SAID FRACTION, A
DISTANCE OF 504.61 FEET TO THE SOUTHWEST CORNER LAST SAID FRACTION,THE SAME BEING
THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 SECTION 14,TOWNSHIP
50 SOUTH, RANGE 26 EAST, SAID COLLIER COUNTY, FLORIDA; COURSE NO. 2: SOUTH 87°28'42"
WEST,ALONG THE SOUTH LINE OF LAST SAID FRACTION,A DISTANCE OF 1,336.55 FEET;COURSE
NO. 3: NORTH 00°47'14" EAST, 671.39 FEET; COURSE NO. 4: SOUTH 87°27'14" WEST, 668.22 FEET;
COURSE NO. 5: NORTH 00°47'37" EAST, 671.11 FEET TO A POINT ON THE SOUTH LINE OF SAID
SECTION 11;COURSE NO.6:SOUTH 87°25'45"WEST,ALONG THE SOUTH LINE OF SAID SECTION 11,
A DISTANCE OF 668.16 FEET TO THE SOUTH 1/4 CORNER OF SAID SECTION 11, ALSO BEING THE
NORTH 1/4 CORNER OF SAID SECTION 14; COURSE NO. 7: CONTINUE SOUTH 87°25'45" WEST,
ALONG THE SOUTH LINE OF SAID SECTION 11,A DISTANCE OF 1,336.32 FEET TO THE SOUTHEAST
CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 11;THENCE NORTH
00°49'13"EAST,ALONG THE EAST OF LAST SAID FRACTION AND ALONG THE BOUNDARY OF LAST
SAID PLAT AND ITS NORTHERLY PROLONGATION THEREOF, A DISTANCE OF 943.26; THENCE
SOUTH 87°34'46"WEST,A DISTANCE OF 1,235.47 FEET TO A POINT ON THE EAST RIGHT-OF-WAY
LINE OF COLLIER BOULEVARD(COUNTY ROAD 951);THENCE NORTH 00°50'45"EAST,ALONG SAID
EAST RIGHT-OF-WAY LINE,A DISTANCE OF 774.21 FEET;THENCE LEAVING SAID RIGHT-OF-WAY
LINE,NORTH 87°42'04"EAST,A DISTANCE OF 1,235.46 FEET TO A POINT ON THE EAST LINE OF THE
NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 11; THENCE NORTH 00°49'48" EAST,
ALONG THE EAST LINE OF LAST SAID FRACTION, A DISTANCE OF 1,028.46 FEET TO THE
SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11;
THENCE CONTINUE NORTH 00°49'48" EAST,ALONG THE EAST LINE OF LAST SAID FRACTION, A
DISTANCE OF 342.93 FEET TO THE SOUTHEAST CORNER OF THE NORTH 1/2 OF THE SOUTH 1/2 OF
THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11;THEN SOUTH 87°55'08"WEST,
ALONG THE SOUTH LINE OF LAST SAID FRACTION,A DISTANCE 1,234.83 FEET TO A POINT OF THE
EAST RIGHT-OF-WAY LINE OF SAID COLLIER BOULEVARD(COUNTY ROAD 951);THENCE NORTH
00°50'45"EAST,ALONG SAID EAST RIGHT-OF-WAY LINE,A DISTANCE OF 1,032.30 FEET TO A POINT
ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11,
THENCE NORTH 88°04'51'EAST,ALONG THE SOUTH LINE OF LAST SAID FRACTION,A DISTANCE
OF 1,234.37 FEET TO THE SOUTHEAST CORNER OF LAST SAID FRACTION;THENCE NORTH 00°49'48"
EAST, ALONG THE EAST LINE OF LAST SAID FRACTION, A DISTANCE OF 1,371.98 FEET TO THE
NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11,THE
SAME BEING A POINT ON THE BOUNDARY OF AFORESAID FOREST GLEN OF NAPLES PLAT;
THENCE RUN THE FOLLOWING TWO(2)COURSES ALONG THE BOUNDARY OF SAID PLAT;COURSE
NO. 1:NORTH 88°17'57"EAST,ALONG THE NORTH LINE OF LAST SAID FRACTION,A DISTANCE OF
1,333.82 FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 11; COURSE NO. 2: NORTH 88°17'50'
Z:\San Marino(stock dev)\san mario willow run combined\CDD\2022-817 CDD combined legal.docx
lof3 OVD
RgODES&RHODESLAND SURVEYING INO
28100 BONITA GBANDEDRI A SUITS 107
BONITA SPRINGS FL 34135
PHONE(239)4068166 PAX(239)4068183
EAST,ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION
11,A DISTANCE OF 2,667.29 FEET TO THE POINT OF BEGINNING.
CONTAINING 33,440,428 SQUARE FEET OR 767.687 ACRES,MORE OR LESS.
Z:\San Marino(stock dev)\san mario willow run combined\CDD\2022-817 CDD combined legal.docx �>
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FOREST GLEN OF NAPLES POINT OF BEGINNING
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SECTION/THE0-26 INE N.W. 1/4
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c. (P.B. 55, PAGE 10)
i
z
z
• ABBREVIATIONS
BOB = BASIS OF BEARING /1-
PSM = PROFESSIONAL SURVEYOR
& MAPPER
E LB1 = LICENSED BUSINESS NUMBER
P.S. = PLAT BOOK
o A.E. =ACCESS EASEMENT
u D.E.. = DRAINAGE EASEMENT AT
- 0 500 1000
I
oo CRAPH/C SCALE IN FEET
1"=1000' BY:
E NOTES JOHN SCOTT RHODES PSM #5739
1. BEARINGS ARE BASED ON THE NORTHERLY BOUNDARY OF HACIENDA SKETCH FOR DESCRIPTION „PSM:
• LAKES OF NAPLES, RECORDED IN PLAT BOOK 55, PAGE 70 OF THE PUBLIC JSR
RECORDS OF COLLIER COUNTY, FLORIDA AS BEING NORTH 872856"EAST drawn:
3 AND RELATE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM FOR CDD BOUNDARY SKETCH
7 FLORIDA ZONE EAST; NORTH AMERICAN DATUM OF 1983, 1990 RWC
E ADJUSTMENT(NA083/90).
I checked:
", 2. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. , date: MMR
RHODES&RHODES NOVEMBER JO, 2022
• 3. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS LAND SURVEYING, INC. scale: view:
• OTHERWISE NOTED. 1"= 1000' BNOY
:^ LICENSE#LB 6897 cadd file:
2022-817 COD COMBINED SKETCH project#: Q
1 28100 BONITA GRANDE DRIVE SUITE 107 .• 2022-817 V
*NOT A SURVEY* BON/TA SPRINGS, FL 34135 sheet #:
(239) 405-8166 (239) 405-8163 FAX h 3 of 3
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
July 5, 2023
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Ms. Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2023-33, which was filed in this office on July 3, 2023.
If you have any questions or need further assistance, please contact me at (850) 245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Administrative Code and Register Director
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270