Ordinance 99-81ORDINANCE NO. 99- 81
AN ORDINANCE ESTABLISHING THE CEDAR HAMMOCK
COMMUNITY DEVELOPMENT DISTRICT; DESCRIBING
THE EXTERNAL BOUNDARIES OF THE DISTRICT;
NAMING THE INITIAL MEMBERS OF THE BOARD OF
SUPERVISORS; NAMING THE DISTRICT; PROVIDING FOP~
CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS U.S. Home Corporation. has petitioned the board of County Commissioners
to establish the CEDAR HAMMOCK 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 the 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) (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 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 have any zoning or permitting
powers governing development; and
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: AUTItORITY 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 TIlE CEDAR HAMMOCK COMMUNITY
DEVELOPMENT DISTRICT.
The Cedar Hammock 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. Peter Comeau
10491 Six Mile Cypress Parkway
Suite 101
Ft. Myers~ FL 33912
2. Constantine Bonitez
10491 Six Mile Cypress Parkway
Suite 101
Ft. Myers, FL 33912
s. Joe Grimes
10491 Six Mile Cypress Parkway
Suite 101
Ft. Myers, FL 33912
JeffLedward
6249 Presidential Court
Suite "B"
Ft. Myers, FL 33906
John F. Stanley
2600 Airport Road South
Naples, FL 34104
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
Cedar Hammock Community Development District.
-2-
SECTION FIVE: STATUTORY PROVISIONS GOVERNING DISTRICT
The Cedar Hammock 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 ,~3~:~/day of ~. DO~.t'l~'~ , 1999.
ATTEST:
~3ROCK, Clerk
Attest as to
signature o 15,
Approved as to Form
and Legal Sufficiency
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
This ordinance filed wi,~h the
)/,[,x:ecretcry cd Stc~.'/~'s Of hoe th-~
cloy c,f ~. ~ , /:~'~.
end ~ck~?wk~d~ment of that
filing S~ccived this/~ &y
SIJmkff:~comp plan/ORD.
-3-
DESCRIPTION
OF
A PARCEL OF LAND
LYING IN
SECTION 3, TOWNSHIP 50, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
(cEt t OCK)
A TRACT OR PARCEL OF LAND, SITUATED IN THE STATE OF FLORIDA, COUNTY
OF COLLIER, LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND
BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS:
BEG~G AT SO--ST CORNER OF SECTION 3, TOWNSHIP 50 SOIJTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE N. 88° 56' 52" E. ALONG THE
~ SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3 FOR 2567.09 FEET
TO THE SOUTHEAST CORNER OF SAID SOIJ'FHWEST QUARTER; THENCE N. 88° 56'
52" E. ALONG THE SOUTH LINE OF THE SOLITHEAST QUARTER OF SAID SECTION 3
FOR 2441.77 FEET TO THE WEST LINE OF A PARCEL AS DESCRIBED iN OFFICIAL
RECORDS BOOK 1945, PAGES 177 AND 178, COLLIER COUNTY PUBLIC RECORDS;
THENCE N. 00° 51' 56" E. ALONG THE WEST LINE OF SAID PARCEL FOR 2778.41 FEET
TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE
S. 89° 19' 38" W. ALONG SAID SOUTH LINE FOR 1827.03 FEET TO THE SOUTHEAST
CORNER OF THE WEST ONE HALF OF THE WEST ONE HALF OF ~ NORTHEAST
QUARTER OF SAID SECTION 3; THENCE lq. 00' 17' 56" E. ALONG THE EAST LINE OF
SA_ID FRACTION OF SECTION FOR 704.31 FF~; THENCE S. 89* 34' 06" W. FOR 652.88
FEET TO THE WEST LINE OF SAID FRACTION OF SECTION; THENCE N. 00' 07' 06" E.
ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 FOR
1974.83 FEET TO THE SOUTHEASTERLY RIGHT=OF-WAY LINE OF DAVIS
BOULEVARD (S.IL 84) (150 FEET WIDE) AND AN INTERSECTION WITH A CURVE TO
THE LEFT, HAVING A RADIUS OF 3224.04 FEET AND TO WHICH INTERSECTION A
RADIAL LINE BEARS lq. 13' 45' 10" W.;.THENCE SO(JTHWESTERLY ALONG SAID
CURVE AND SAID RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 05* 30'
05" FOR 309.56 FEET TO THE BEGINNING OF A COMPOIJND CURVE TO THE LEFT,
HAVING A RADIUS OF 2789.79 FEET; THENCE SOUTHWESTERLY ALONG SAID
CURVE A.ND SA. ID RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 40° 27'
49" FOR 1970~21 FEET; THENCE S. 30° 16' 56" W. ALONG SAID RIGHT-OF=WAY LINE
FOR 1618.28 FEET TO THE NORTH LINE OF THE WEST HALF OF THE NOR~ST
QUARTER OF THE SOIJTHWEST QUARTER OF SAID SECTION 3; THENCE N. 89° 19'
SIIEE'T 1 OF' 2
38" E. ALONG SAIl3 NORTH LINE FOR 643,12 FEET TO THE NORTHEAST CORNER OF
SAID FRACTION OF SECTION; THENCE S. 00° 27' 35" E. ALONG THE EAST LINE OF
SAID FRACTION OF SECTION FOR 1403.17 FEET TO THE SOLFFH~__-AST CORNER OF
SAID FRACTION OF SECTION; THENCE S. $9° 05' 20" W. ALONG THE SOUTH LINE OF
SAID FRACTION OF SECTION FOR 646.45 FEET TO THE WEST LINE OF SAID
SECTION 3; THENCE S. 00° 39' 04" E. ALONG SAID WEST LINE FOR 1405.28 TO THE
POINT OF BEGINNING,
PARCEL CONTAINS 417.32 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-WAY
OF RECORD.
SUBJECT TO FACTS THAT MAY BE REVEALED BY AN ACCURATE BOUNDARY
SURVEY.
BEARINGS ARE BASED ON THE SOUTHEASTERLY RIGHT-OF-WAY OF DAVIS
BOULEVARD (S.tL 84), AS BEARING S. 30° 16' 56" W.
DESCRIPTION PREPARED ON JANUARY 22, 1999.
FILE: 1263.03
SHEET 2 OF 2
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:
ORDINANCE NO. 99-81
Which was adopted by the Board of County Commissioners on
the 23rd day of November, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 23rd day of
November, 1999.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
By: Karen Schoch,
Deputy Clerk