Ordinance 99-67 AN ORDINANCE ESTABLISHING THE MEDITERRA SOUTH
COMMUNITY DEVELOPMENT DISTRICT; DESCRIBING
THE EXTERNAL BOUNDARIES OF THE DISTRICT;
NAMING THE INITIAL MEMBERS OF THE BOARD OF
SUPERVISORS; NAMING THE DISTRICT; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Long Bay Partners, L.L.C. has petitioned the board of County
Commissioners to establish the MEDITERRA SOUTH 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 district will not be
incompatible with thee capacity and uses of existing local and regional commUnity development
services and facilities.
6. That the area will be served by the district is amenable to separate special district
government; and
WHEREAS, it is the policy of the State, as provided in Section 190.002 (2)
.... .: .') I~,1 "'"~
Statutes, that the exercise by any independent district of its powers as set forth by u~_ ~ =! -~o ~.-..
f.~..
general law comply with all applicable governmental laws, rules, regulations, and poli~d~.~ ~.~
govenfing planning and permitting of the development to be served by the district, to~r~ithat
neither the establishment nor operation of such district is a development order under~h-~pte~'~380,
Florida Statutes, and that the district so established does not have any zoning or permitting
powers goverrfing development; and
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WHEREAS, Section 190.044 (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 powers
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 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 MEDITERRA SOUTH COMMUNITY
DEVELOPMENT DISTRICT.
The Mediterra South 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. Ed Rogers 3. Charley Nevaril
Bonita Bay Properties, Inc. Bonita Bay Properties, Inc.
3451 Bonita Bay 3451 Bonita Bay Boulevard,
Boulevard, SW, Suite 202 SW, Suite 202
Bonita Springs, FL 34134-4395 Bonita Springs, FL 34134-4395
2. Margaret Emblidge 4. Tim Tonachio
Bonita Bay Properties, Inc. Bonita Bay Properties, Inc.
3451 Bonita Bay Boulevard, 3451 Bonita Bay
SW, Suite 202 Boulevard, SW, Suite 202
Bonita Springs, FL 341344395 Bonita Springs, FL 34134-4395
5. Grady Miars
Bonita Bay Properties, Inc.
3451 Bonita Bay Boulevard,
SW, Suite 202
Bonita Springs, FL 34134-4395
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
Mediterra South Community Development District.
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SECTION FIVE: STATUTORY PROVISIONS GOVERNING DISTRICT
The Mediterra South Community Development District shall be governed by the provision
of Chapter 190, Florida Statutes.
SECTION SIX: 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 SEVEN: 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 EIGHT: 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/~7~ day of~ 1999.
..'; .. BOARD OF COUNTY COMMISSIONERS
:: 77 ¢'~,;[1 ~ '?'~ ,:&' "i~ COLLIER COUNTY, FLORIDA
s. mc'm, [
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$~1~~1~,~--- Thl~ ord~non,~ {f~o0 wi~h the
Approwd as to Fo~ ~. doy of
~d L~gal ~i~oy end ocknowl~dgement of
filin~ received thi$~ day
of .
~u~ Cle~
Hcidi Ashton
~sist~t Coun~ A~o~y
SL/mk/Ek, omp plan/ORD.
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Exhibit
MEDITERRA SOUTH CDD
PIPER PARCEL (Collier County)
The north half(N½) of the west half(W½) of the west half(W½) of Sectiun 11,
To.wm_.ship 48 South, Range 25 East, Collier County, Florida
Containing 80./i7 acres more or less.
and;
KHACHANE PARCEL
North ½ of the north ½ of the northwest ½ of the southwest ~A of Section 1 I, Towr/ship
48 South, Range 2:5 East, Collier County, Florida
Containing 10.09 acres more or less.
and;
KHACHANE PARCEL
North ½ of the south ½ of the northwest ¼ of the southwest ~A of Section 11, Township
48 South, Range 25 East, Collier County, Florida
Containing 10.09 acres more or less.
and;
MONTANUS PARCEL
The south ½ of the north ½ of the northwest ¼ of the southwest ¼ of Section 11~
Township 48 South, Range 25 East, Collier County, Florida.
Containing 10.09 acres more or less.
and;
STAPLETON PARCEL
The south ½ of the south ½ of the northwest tA of the southwest ~A of Section 11,
Township 48 South, Range 25 East, saving and reserving the west 50 feet thereof for
roadway purposes for ingress .and egress of grantors and grantees and adjacent property
owners.
Containing 10.09 acres more or less.
and;
DY'NABEL PARCEL
The Southeast ¼ of the Southwest ¼, less the South 30 feet thereof, of Section 1 !,
Township 48 South, Range 25 East, Collier County, Florida.
and;
DYNABEL PARCEL continued
The Southeast ¼ of the Northwest ¼; The Southwest ¼ of the Northeast ¼; The
Northwest ¼ of the Southeast ¼; and the Northeast ¼ of the Southwest ¼; Less the North
Containing 195 acres more or less.
and;
FIDELITY PARCEL
The North ½ of the Southwest ~, of'the Northeast ~A ofthe Southwest ~ of' Section 11,
Township 48 South, Range 25 East, Collier County, Florida
Containing 5 acres more or less.
and;
VOGEL PARCEL
The Northeast ~ of the lqorthwest ~ and the Northwest ~ ofthe Northeast ~ of
Section 11, Township 48 South, Range 25 East, Collier County, Florida.
Containing 80.40 Acres more or less.
and;
LIVINGSTON PARCEL
A parcel of land located in Sections 1 I, 12 and 13, Township 48 South, Range 25 East,
Collier County, Florida, being more particularly described as follows:
Beginning at the southeast corner of the southwest % of Section 12, Township 48 South,
Range 25 Bast, Collier County Florida;
thence run North 00052'07" West along the east line of said southwest % of Section 12,
for a distance of 2631.75 feet to the center ofsaid Section 12; ..
thence continue North 00052'07'' West along the east line of the southeast % of thc
northwest % ofsaid Section 12, for a distance of 1316.77 feet to the northeast comer of
the southeast % of the northwest % of said Section 12;
thence run South 88°54'06'' West along the south line of the southeast % of the northeast
% ofthe northwest % of said Section 12, for a distance of 662.28 feet to the southwest
comer of the southeast % of the northeast % ofthe northwest % of said Section 12;
thence run North 00050'22" West along the west line of thc southeast % of the northeast
t,~ of the northwest ¼ of said Section 12, for a distance of 658.71 feet to the northwest
corner of the southeast t/~ of the northeast % of the northwest ¼ of said Section 12;
thence run North 88055'45" East along the north line of the southeast % of' the northeast
'~ ofthe northwest ~/~ of said Section 12, for a distance of 661.95 feet to the northeast
corner ofthe southeast ~,~ ofthe northeast % of the northwest % of'said Section 12;
thence run North 00052'07" West along the east line ofthe northwest % ofsaid Section
12, for a distance of 658.39 feet to the northeast corner of the northwest ¼ of said Section
12;
thence run South 88a$7'20'' West along the north line of the northwest ¼ of said Section
12. for a distance of 2646.45 feet to the northwest corner ofthe northwest % of said
Section 12;
thence run South 00°45'07'' East along the west line of the northwest ~ ofsaid Section
12, for a distance of 131cj.36 feet to the northeast comer or'the southeast ~/~ of'the
northeast ~, of' Section ] 1, Township 48 South, Range 25 East;
thence run South 88054'42" West along the noah line of the southeast ~A of the northeast
~ of said Section 1 !, for a distance of 1325.63 feet to the northwest corner of the
southeast ~ of the northeast ~ of said Section ! 1;
· thence run South 00"45'23" East along the west line of.the southeast t,~ of'the northeast ~A
of said Section 1 !, for a distance of 1320.39 feet to the southwest comer of the southeast
~ of the northeast ~ of. said Section 1 !;
thence run South 0°45'04'' East along the west line ofthe northeast ~ ofthe southeast ~
of.said Section ! 1, for a distance of' 1321.73 feet to the southwest comer of'the northeast
~ of'the southeast ~ of said Section ! !:
thence run South 88°46'37'' West along the north line of'the southwest ~ of'the southeast
~ ofsaid Section 11, for a distance of'i325.33 feet to the northwest comer ofthe
southwest ~ ot'the southeast ~ of'said Section 1 I;
thence run South 00045'39" East along the west line of.the southwest ~ of'the southeast
¼ of'said Section .! !, for a distance of. 1323.80 feet to the southwest corner ofthe
southeast ~ of.said Section 1 !;
thence run North 88041' 1:5" East along the south line of'the southeast ~ of'said Section
! 1, for a distance of 2650.25 feet to the northwest corner of Section 13, Township 48
South, Range 25 East;
thence run South 00°43'28" East along the west line of'the northwest ~/G of.said Section
13, for a distance or6'/5.60 feet to the southwest corner of the northwest ~/~ of the
northwest ~ of'the northwest ¼ of said Section 13;
thence run North 88°38'13" East along the south line of' the northwest ~A of the horthwest
~A of' the northwest ~A of.said Section 13, for a distance of 664.12 feet to the southeast
corner o f' the northwest ~/~ of' the northwest ½ of. the northwest ~ of. said Section 13;
thence run North 00°41'49" West along the east line of the northwest ~A of the northwest
¼ of the northwest IA of said Section 13, for a distance of 6?S.0? feet to the northeast
corner of the northwest % of the northwest % of the northwest % of said Section 13;
thence run North 88°4 ! '00" East along the south line of the southwest % of Section 12,
Township 48 South, Range 25 East, for a distance of 1993.31 feet to the Point of'
Beginning.
Less and excepting therefrom the Northwest ¼ of the Northwest ¼ of'the Northwest ¼
ofsaid Section 13.
Containing 4'/2 acres more or less.
and;
ZEHNER PARCEL
The Northeast ',~ of'the Northeast % of'Section ! 1, Township 48 South, Range 25 East,
Collier County, Florida, O.R. Book 221 l, page 606
Containing 40 acres more or less.
and;
WILSON !0 AC. PARCEL
The North ½ of the North ½ of the Southwest ~A of'the Southwest F4 of Section 11,
Township 48 South, Range 25 Rut, Collier County, Florida
C.ontaining ! 0 acres more or less.
and;
AMSTER PARCEL
The South ½ ofthe North ½ ofthe Southwest ~ of'the Southwest ~A of Section I I,
Township 48 South, Range 25 East, Collier County, Florida
Containing 10 acres more or less.
and;
PAGE PARCEL
The North ½ ofthe South ½ of the Southwest ½ of'the Southwest ~ ofSection I 1,'
Township 48 South, Range 2:5 East, Collier County, Florida
Containing 10 acres more or less.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of: ~c~_ ,~
ORDINANCE NO 99-67
Which was adopted by the Board of County Commissioners on
14th day of Septe~er, 1999, during Regular Session. ~ ..
WI~ESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 15th day of septe~er,
1999.
Ex-offic~O tO Board o'fmi!~Z~.~i~]'?i:,~,~~;l:'~:~
county