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Ordinance 93-39 ORDINANCE NO. 93- .39 AN ORDINANCE ESTABLISHING THE DOVE POINTE COMMUNITY / DEVELOPMENT DISTRICT; DESCRIBING THE EXT~L BOUNDARIES OF THE DISTRICT; NAMING THE INIT~. MEMBERS OF THE BOAR[) OF SUPERVISORS; NAMING THEq~ DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY; BY PROVIDING AN EFFECTIVE DATE. AND WHEREAS, DOVE POINTE DEVELOPMENT CORPORATION has petitioned the Board of County Comm~.ssioners to establish the DOVE POINTE COMMUNITY DEVELOPMENT DISTRICT; and WHEREAS, the Board .of County Commissioners, after proper published notice conducted a public hearing on the petition as required by law and determined the following: 1. The petition is complete in that it meets the requirements of Section 190.005(1)(a), Florida Statutes; and all statements contained within the petition are true and correct. 2. Establishment of the proposed district is not inconsistent with the local Comprehensive Plan of Collier County and is not inconsistent with the State Comprehensive Plan. 3. That 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. That 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. That the community development services and facilities of the distri6t will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. That the area wi].l be served by the district is amenable to separate special district government; and WHEREAS, it is the ]~olicy of the State, as provided in Section 190.002(2) (c), 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 served 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 i~ave 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; and that a district shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of local general purpose government; and WHEREAS, pursuant to Section 190.012, Florida Statutes, the district's special powe~rs are subject to the regulatory Jurisdiction and permitting authority of all applicable governmental bodies, agencies and special districts having authority with respect to any area included therein. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY: COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AUTHORITY FO~ ORDINANCE This Ordinance is adopted pursuant to Section 190.005(2), Florida Statutes, and other applicable provisions of law governing county ordinances. SECTION TWO~ ESTABLISHMEN~ OF THE DOVE POINTE COMMUNITY DEVELOPMENT :DISTRICT The Dove Pointe Community Development District is hereby established within the boundaries of the real property described in Exhibit "A" attached hereto and incorporated by reference herein. ~2~ 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. Jim Curry 43 Barkley Circle, suite 101 Fort Myers, FL 32~907 2. Rochelle Marks ~:>il P.O. Box 1008 . ~ Naples, FL 33939 3. Art Largent 105 Murifield Circle Naples, FL 33962 4. Dr. Elijah Bell, Ph.D. 4548 31st Avenue SW Naples, FL 33999 5. John Veit 206 Bream Drive Naples, FL 33961 SECTION FOUR= DISTRICT NAHE The community development district herein established shall henceforth be known as the Dove Pointe Community Development District. SECTION FIVE= STATUTORY ~'ROVISIONS GOVERNING DISTRICT The Dove Pointe Co:~munity Development District shall be governed by the provision of Chapter 190, Plorida Statutes.' SECTION SIX: CONFLICT ~ND 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 SEVEN= EFFECTIVE DATE This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of Sta%e. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~O day of 1993. · L A~TEST: " ...DWIGHT E: .BROCK, Clerk BOARD OF COUNTY COMMISSIONERS .. ,.. L, OF COLLIER COUNTY, FLORIDA '~.~'. ' ' . By: .~ Chairman · -. AP~ro.~9~,~'as to form and · ' lega.l'., su f f iciency: Richard D. Yovanovich -Secretary c~f~S~ate~s Offlc~ Assistant County Attorney a. n4 ackn°.~'edgerr~'rtt".O~ that -4- TEC/sc/8583 Exhibit A Metes and Bounds Legal Description A parcel of land lying in Section 28, Township 48 South, Range 26 East, Collier County, Florida, said parcel of land being;more particularly describe'd os follows: Commencing at the northeast corner of said Section 28; thence South 03'05'19" East alo.rlg the ~;asterly line of the northeast quarter (NEll4) of said Section 28 .for a distance of 100,08 feet to an intersection with the southerly right-of-way lira: of Immokalee Road (C.R. 846); thence South 89'10'00" West along said southerly right-of-way line for a distance of I980.13 feet [o the POINT' .OF BEGINNING of the herein described parcel of land: thence South 03'04'06" Edst.for o distance of 1576.35 feet; thence North 89'09'3~" East for a.distance of 1980.67 feet to an i~tersection with the said easterly line of the northeast quarter of Sec(ion 28; thence South 03"05'19" Eels( along said easterly line for 9 dislonce of 998.38 feet to the .southeast corner of the northeast quarter thence South 03'05'44" East along the easterly line of the southeast quarter (SEll4)'of said Section 28 for o distance of 267.4.92 feet to [he southeast corner of' said Sec[ion 28; then'ce. South 89'II'00" W~'.st along the southerly line o'f the said southeast quarter (SEI/4~I of Section 28 for o distance of 2642.1,4 feet [o the southwest corner of (he .,:atd sou(beast quarter (5EI/4) of Section 28; then. ce North 03'04'55" W6st along the westerly line of (he the east half (EI/2) of said Section 28 for a distance of 3342.98 feet to [he southeast corner of the east half (~;I/2)'of the northeast quarter (NEll4) of the ' southeast quarter (sEll4) of the northwest quarter · thence South 89'lO'17--W,,.st along [he southerly line of said fradUon for a distance of 330.19 fee[ to an intersection withe the westerly line of said fraction; : . [hence North 03'04'5~" West along said .westerly line for o' distance of 668.55 feet to on intersection with the northerly line of said : thence North 89'I0'11". E¢,st along'said nodh~rly line for o distance of 330.18 feet to on'intersection with the said westerly line the east half ',(EI/2) of Section 28;' thenc.e North 03'04'55" West along said westerly line for o distance of 1237.04 feet to on intersection with the said southerl'y'line of lmmokolee Road (C.R 846); . · thence North ~9"10'00" E,3st along sold southerly line for a distance 'of : 661.06 feet to the POINT OF BEGINNING; Containing 251.521 acres of land, more or less. Subject 16 easements and restrictions of record. STATE OF FLORIDA ) COUNTY OF COLLIER ) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Coll!er County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 93-39 which was adopted by the Board of County Commissioners on the 20th day of July, 1993, during Regular Session. WITNESS my hand and 'the official seal of the Board of Gounty Commissioners of Collier County, Florida, this 21st day of July, 1993. County Commlsstoner~ .~ ~....' . ~