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7515-05 (2) . . . ORDINANCE NO. 7515-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA; ESTABLISHING THE CLEARWATER CAY COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES; PROVIDING A TITLE; PROVIDING FINDINGS; CREATING AND NAMING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; DESCRIBING THE FUNCTIONS AND POWERS OF THE DISTRICT; CONSENTING TO THE USE OF SPECIAL POWERS BY THE DISTRICT; DESIGNATING FIVE PERSONS TO SERVE AS THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, DC703, LLC ("Petitioner"), as owner of or with consent of the owners of one hundred percent (100%) of the real property to be included in the District, has consented to the establishment of and petitioned the City Council of the City of Clearwater (the "City") to adopt an ordinance establishing the Clearwater Cay Community Development District (the "District") pursuant to Chapter 190, Florida Statutes; and WHEREAS, Petitioner is a Florida limited liability company authorized to conduct business in the State of Florida and whose principal place of business is 2704 Via Murano, Clearwater, Florida 33764; and WHEREAS, all interested persons and affected units of general-purpose local government were afforded an opportunity to present oral and written comments on the Petition at a duly noticed public hearing conducted by the City on September 1, 2005; and WHEREAS, upon consideration of the record established at that hearing duly noticed, the City finds as follows: (1) The statements within the Petition were true and correct; and (2) Establishment of the District by this Ordinance is subject to and not inconsistent with the local Comprehensive Plan of the City and with the State Comprehensive Plan; and, (3) The area of land within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as one functional, interrelated community; and (4) The District is the best alternative available for delivering community development services and facilities to the area proposed to be serviced by the District; and . . . (5) The 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; and (6) The area to be served by the District is amenable to separate special district governance; and WHEREAS, establishment of the District will constitute a timely, efficient, effective, responsive and economic way to deliver community development services in the area described in the Petition; and WHEREAS, the Petitioner has requested the City for consent to exercise one or more of the special powers granted by charter in Section 190.012(2), Florida Statutes; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Title. This Ordinance shall be known and may be cited as the "Clearwater Cay Community Development District Establishment Ordinance." Section 2. Council FindinQs. The Council findings set forth in the recitals to this Ordinance are hereby incorporated in this Ordinance. Section 3. Authority. This Ordinance is adopted in compliance with and pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes (2005). Section 4. Creation of District; District Name. There is hereby created a community development district situated entirely within the incorporated boundaries of the City of Clearwater, Florida, which District shall be known as the "Clearwater Cay Community Development District." Section 5. External Boundaries of the District. Encompassing approximately 49.37 acres, the external boundaries of the District are described in Exhibit "A" attached hereto. Section 6. Functions and Powers. The District is limited to the performance of those powers and functions as described in Chapter 190, Florida Statutes. Consent is also hereby given, as provided in Section 190.012(2), Florida Statutes (2005), to the District Board so long as it is in compliance with and subject to the City of Clearwater Comprehensive Plan and subject to the regulatory jurisdiction and permitting authority of all applicable other ordinances and regulations of the City, the power to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for parks and facilities for indoor and outdoor recreational, cultural and educational uses, fire prevention and control, including related buildings and equipment, school buildings and related structures, security, including but not limited to personnel and equipment, mosquito and anthropods of public health 2 Ordinance 7515-05 . . . importance control, and waste collection and disposal. In the exercise of its powers, the. District shall comply with all applicable governmental laws, rules, regulations and policies including, but not limited to, all City ordinances and policies governing land planning and permitting of the development to be served by the District. The District shall not have any zoning or permitting powers governing land development or the use of land. No debt or obligation of the District shall constitute a burden on any local general purpose government. Section 7. Board of Supervisors. The five persons designated to serve as initial members of the District's Board of Supervisors are as follows: Darcy Edwards, 2724 Via Murano, Unit 620, Clearwater, FL 33764; Gary Schwarz, 2722 Via Tivoli, Unit 416A, Clearwater, FL 33764; David Schwarz, 2722 Via Tivoli, Unit 416A, Clearwater, FL 33764; Cristal Coleman, 2749 Via Cipriani, Unit 1015B, Clearwater, FL 33764; Fred Clark, Sr., 2709 Via Cipriani, Unit 521A, Clearwater, FL 33764. All of the above-listed persons are residents of the state of Florida and citizens of the United States of America. Section 8. Severability. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 9. Effective Date. This Ordinance shall be effective immediately upon receipt of acknowledgement that a copy of this Ordinance has been filed with the Secretary of State. PASSED ON FIRST READING September 1, 2005 PASSED ON SECOND AND FINAL READING AND ADOPTED September 15, 2005 -:1'~ /~ ~nk Hibbard Mayor-Commissioner Approved as to form: Attest: pa1ifikin City Attorney 'a E. GoudealJ ~ lerk 3 Ordinance 7515-05 .: . . CLEARWATER COMMUNITY DEVELOPMENT DISTRICT A parcel of land in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Cormnence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, a distance of 100.01 feet to the East right of way line of u.S. Highway 19 and the POINT OF BEGINNING; thence NOlb26'21"E, along said East right of way line, a distance of 350.00 feet; thence S8 9 0 19' 48 "E, parallel with said South line of Section 20, a distance of 175.00 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page. 418 of the Public Records of Pinellas County, Florida; thence NOlo 26' 21 "E, along the East line of said, property, a distance of 200.00 feet to the Northeast corner of said property; thence N89019' 48"W, along the North line of said property, a distance of 1 7 5.00 feet to said East right of way line of U. S. Highway 19;. thence N01026'21"E, along said East right of way line, a distance of 73.79 feet to the Southwest corner of property conveyed in Official Records Book 13618, Page 304 of the Public Records of Pinellas County, Florida; thence S89019'48"E, along the South line of said property, a distance of 210.24 feet to the Southeast corner of said property; thence NOI026'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 210.24 feet to said East right of way line of U. S. Highway 19; thence NOI026'21"E, along said East right of way line, a distance of 361.95 feet; thence S89026'50"E, a distance of 885.00 feet; thence SOl026'21"W, a distance of 572.00 feet; thence N89019'48"W, a distance' aT 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SO 1 0 2 6' 21 "W, a distance of 349.37 feet to said South line of Section 20 and the North line of said Section 29; thence S 8 9 0 19' 48 "E, along said South line and North line, a distance of 11.39 feet to Northeast corner of property conveyed in Official Records Book 10769, Page 1415 of the Public Records of Pinellas County, Florida; thence SOOo27'22"E, for 43.51 feet to the Northwest corner of property conveyed in Official Records Book 13805, Page 313 of the Public Records of Pinellas County, Florida, said Corner also being a point of intersection with a non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial bearing SOOo27'51"E, and having a radius of 35.00 feet, a central angle of 14051' 42", an arc length of 9.08 feet and a chord bearing S83002'00"E, for 9.05 feet to the point of reverse curvature with a curve concave to the North; thence Easterly along the, arc of said curve, having a radius of 35.00 feet, a central angle of 13043' 39", ~ EXHIBIT cl fA iii . . . an arc length of 8.39 feet and a chord bearing S82027'58"E, for 8.37 feet to the point of tangency; thence S89 0 19' 48 "E, for 111. 8 4 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along the arc of said curve with a radial bearing NOO 0 40' 13 "E, and having a radius of 55.50 feet, a central angle of 118044'08", an arc length of 115.01 feet and a chord bearing N31 0 18' 08 "E, for 95.51 feet to the point of intersection wi th a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 056' 04 "E, and having a radius of 15.00 feet, a central angle of 46010'01", an arc length of 12.09 feet and a chord bearing S51008'57"E, for 11.76 feet to the point of compound curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of 56040'40", an arc length of 123.65 feet and a chord bearing N77025'43"E, for 118.67 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 303.00 feet, a central angle of 00031'45", an arc length of 2.80 feet and a chord bearing N49021'15"E, for 2.80 feet to the point of intersection with a non-tangent line; thence N40022'52"W, for 14.84 feet to the point of intersection with a non- tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N40043'39"W, and having a radius of 7 4 . 8 7 feet, a central angle of 02040' 04", an arc length of 3.49 feet and a chord bearing N47056'19"E, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius Df 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63 045' 52"E, for 138.08 feet to the point of tangency; thence N80055'27"E, for 97.25 feet; thence N56001'58"E, for 40.45 feet; thence N78050'41"E, for 127.14 feet; thence S 7 8 0 2 3 ' 0 9 " E , for 2 4 . 4 4 fee t ; thence S 11 0 52 ' 4 0 "E , fa r 9 . 1 0 feet; thence N79023'05"E, for 49.80 feet; thence N10051'19"W, for 10.(i2 feet; thence N42027'28"E, for 66.63 feet; thence N35048'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38008'04"E, for 12.67 feet; thence East, for 68.14 feet; thence N54010'51"E, for 17.03 feet; thence East, for 96.27 feet; thence N55005'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature lOf a curve concave to the North; thence Easterly along the arc of sa~d curve, having a radius of 64.00 feet, a central angle of 39042' 28", an arc length of 44.35 feet and a chord bearingN70008'46"E, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36055' 37", an arc length of 37.38 feet- and a chord bearing N68045'21"E, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius CDf . h. . 54.00 feet, a central angle of 87013'09", an arc length of 82.20 feet and a chord bearing N43036'34"E, for 74.49 feet to the point of tangency; thence North, for 189.83 feet; thence S89019'09"E, for 779.97 feet; thence S60000'OO"W, for 1333.52 feet; thence S89019'48"E, for 209.91 feet; thence S24054'45"W, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing S52036'11"E, and having a radius of 1577.45 feet, a central angle of 13022'27", an arc length of 368.22 feet and a chord bearing S30042' 35"W, for 367.38 feet to the point of intersection with a non-tangent line; thence N89004'26"W, for 829.18 feet to the Southeast corner of property conveyed in Official ReGords Book 10769, Page 1415 of the Public Records of Pinellas County, Florida; thence N89021'OO"W, along the South line of said property, a distance of 635. 75 feet to said East right of way line of U. S. Highway 19; thence NOO 0 51' 16"E, along said East right of way line, 627.67 feet to the said POINT OF BEGINNING; LESS AND EXCEPT the South 5.00 feet of the East 610.00 feet of the West 710.00 feet of scUd Section 20, Township 29 South, Range 16 East, Pinellas County, Florida; LESS AND EXCEPT the following described parcel: A parcel Section Florida, Pinellas follows: of land lying in the Southwest 20~ Township 29 South, Range per Official Records Book 9527, County, Florida, being more 1/4 of the Southwest 1/4 of 16 East, Pinellas County, Page 480, Public Records of particularly described as Commence at the Southwest corner of said Section 20 and run South 89019'48" East, 100.00 feet to the East right-of-way line of U.S. Highway 19; thence North 01026'21" East along said East right-of-way line, 5.00 feet to the POINT OF BEGINNING; thence continue North 01026'21" East, along said East right-of-way line, 345.00 feet; thence South 89019'48"" East, 252.55 feet; thence South 01026'21"" West, 345.00 feet; thence North 89019'48" West, 252.55 feet to the POINT OF BEGINNING. Overall property containing 49.369 acres, more or less. TOGETHER WITH and SUBJECT TO an easement for ingress, egress, drainage and utili ties created by documents recorded in Official Records Book 10958, Page 299, Official Records Book 12557, Page 2644, and Official Records Book 10784, Page 1247 of the Public Records of Pinellas County Florida, over the following described parcel: .' .,.......' ,. .' A tract of land lying in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being further described as follows: Commence at the Southwest corner of said Section 20; thence S89019' 48"E, along the South line of said Section 20 and the North line of said Section 29, a distance of 100.01 feet to the East right of way line of U. S. Highway 19 and the POINT OF BEGINNING; thence NO.1 026' 21 /IE, along said East right of way line, a distance of 5.00 feet; thence S89019' 48"E, parallel with said South line of Section 20, a distance of 610.00 feet; thence SOl026'21/1W, a distance of 5.00 feet to the North line of said Section 29; thence 889019'48/1E, along said North line, a distance of 5.89 feet to a point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N35013'11"W, and having a radius of 35.00 feet, a central angle of 300 38' 59", an arc length of 18.72 feet and a chord bearing N39027'06/1E, for 18.50 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 45.00 feet, a central angle of 660 32' 19" an arc length of 52.26 feet and a chord bearing N57024'02/1E, for 49.37 feet to the point of tangency; thence S89019'48/1E, for 15.64 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 50.0D feet, a central angle of 390 25' 12/1, an arc length of 34.40 feet and a chord bearing N70057' 37"E, for 33.73 feet to the point of a reverse curve concave to the West; thence Southeasterly along the arc of said curve, having a radius of 55.50 feet, a central angle of 2190 25' 12/1, an arc length of 212.54 feet and a chord bearing S19 0 02' 23/1E, for 104.50 feet to the point of tangency; thence N89019'48"W, for 111.84 feet to the point of curvature of a curve concave to' the North; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 130 43' 39/1, an arc length of 8.39 feet and a chord bearing N82027' 58/1W, for 8.37 feet to the point of reverse curvature with a curve concave to the South; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 140 51' 42", an arc length of 9.08 feet and a chord bearing N83002'00"W, for 9.05 feet to a point of intersection with a non-tangent line; thence S00027'22/1E, for 6.50 feet; thence N89 0 19' 48 "w, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S87033100"W, a distance of 57.06 feet; thence N89019'48"W, parallel with said North line, a distance of 126.71 feet to said East right of way line of U.S. Highway 19; thence N00051'16"E, along said East . .. '" " "r' . . right of way line, a distance of 67.00 feet to the POINT OF BEGINNING.