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PETITION TO ESTABLISH THE CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT , FYI :L1:etM # I 5 J 5 cf\ I C ~fAL~) 9( ')actj ZOO5' PETITION TO ESTABLISH _ ~,~-;:.. ~~/.~ 'j v:; ,i.. "-' '1 ~. Q' tG' -~-- ------ THE CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT Submitted to the City of Clearwater, Florida City Council PREPARED BY: Thomas A. Cloud Frank Fleischer GrayRobinson, P .A. 301 East Pine Street, Suite 1400 Orlando, FL 32801 (407) 244-5624 . . . 1. Petition Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I INDEX Clearwater Cay Club Community Development District Survey Legal Description of the Land Comprising the Clearwater Cay Club Community Development District Clearwater Cay Club Community Development District Consent of Land Owners Clearwater Cay Club Community Development District Board of Supervisors Maps showing current major trunk water mains,sewer interceptors and outfalls Clearwater Cay Club Community Development District Preliminary Infrastructure Cost Opinion Statement of Estimated Regulatory Costs (SERC) Maps (including Aerial. Water Park, Overall Master Plan, Site Plan, Future Land Use, Zoning and narrative) Authorization of Agent - W. Scott Callahan, Esquire and Thomas A. Cloud. Esquire 2. Notice of Public Hearing # 364630 v1 RECEIVED MAR 0 7 2005 ~ITY ATTORNFv . 1 ~ . . . . . BEFORE THE CITY COUNCIL CITY OF CLEARWATER, FLORIDA IN RE: PROPOSED ORDINANCE PURSUANT ) TO SECTION 190.005(2), FLORIDA STATUTES, ) TO ESTABLISH THE CLEARWATER CAY CLUB ) COMMUNITY DEVELOPMENT DISTRICT ) PETITION FOR ESTABLISHMENT OF CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT Petitioner, DC703, LLC, a Florida limited liability company, petitions the City Council of the City of Clearwater, Florida, pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, and Florida Administrative Code 42-1 to adopt an ordinance establishing a community development district to be known as Clearwater Cay Club Community Development District (the "District") and designating the land area for which the District would manage and finance the delivery of basic services. In support of this Petition, Petitioner states as follows: 1. Petitioner. Petitioner is a Florida limited liability company with its offices located at 2704 Via Murano, Clearwater, Florida 33764. 2. Location and Size. The land area to be served by the proposed District contains approximately 40.339 acres. All of the land in the proposed District lies within the territorial limits of the incorporated area of the City of Clearwater, Pinellas County, Florida, located generally in the area east of US Highway 19 and north of State Road 60. A description of a survey of the land prepared by Post Buckley Schuh and Jernigan, Inc. is attached hereto as Exhibit "A" and the original of the survey is delivered to the City of Clearwater with this Petition and incorporated herein by reference. A metes and bounds legal description of the external boundaries of the District is attached as Exhibit "B" and incorporated herein by reference. 3. Land Owner Consent and Address. Petitioner either owns, controls, or has consent to file for 1 00% of the real property located within the proposed District. Attached hereto as Exhibit "C" and incorporated herein by reference is the written consent to the establishment of the District by the land owners as defined in Section 190.003(13), Florida Statutes, of one hundred percent (100%) of the real property to be included in and served by the District. 4. Board Members. The five persons designated to serve as the initial members of the Board of Supervisors of the District are identified on Exhibit "0" attached hereto and incorporated herein by this reference. These initial Supervisors shall serve on the Board until replaced by elected members as provided by Section # 355599 vI . . . 190.006, Florida Statutes. All of the initial Supervisors are residents of the State of Florida and citizens of the United States of America. 5. Name. The proposed name of the District is Clearwater Cay Club Community Development District. 6. Water and Sewer. The major trunk water mains, sewer interceptors and outfalls currently in existence on the property or adjacent to the property to be served by the District are identified on Exhibit "E" attached hereto and incorporated herein by reference. 7. District Facilities and Services. The proposed District is seeking to be granted the right to exercise all the powers provided for in Section 190.011 and 190.012, Florida Statutes. Based upon available data, the proposed time tables and related estimates of cost to construct District services and facilities, based upon available data, are attached as Composite Exhibit "F" and incorporated herein by this reference. As provided by Chapter 190, Florida Statutes, these estimates are submitted in good faith but are not binding and may be subject to change. 8. Statement of Estimated Reaulatorv Costs. The statement of estimated regulatory costs of the granting of this Petition and the establishment of the District pursuant thereto is attached as Exhibit "G" and incorporated herein by this reference. 9. land Uses. The future general distribution, location and extent of public and private uses of land proposed for the area within the District have been incorporated into the adopted Clearwater Comprehensive Policy Plan. The proposed land uses are consistent with ClearWater's Comprehensive Policy Plan. A copy of the future land use map containing the pertinent portion of the Clearwater Comprehensive Land Use Plan is attached as Exhibit "H" and incorporated herein by reference. 1 O. Address of the Petitioner and its Authorized Aaent. The address of Petitioner is: DC703, LLC .2704 Via Murano Clearwater, Florida 33764 Attention: Dave Clark The authorized agent for the Petitioner is: W. Scott Callahan, Esquire Stump, Storey & Callahan 37 N. Orange Ave., Suite 200 Orlando,FL 32801 Thomas A. Cloud, Esquire GrayRobinson, P.A. # 355599 vi 2 . . . 301 East Pine St., Suite 1400 Orlando, Florida 32801 An Authorization of Agent is attached to and incorporated in this Petition as Exhibit "I". 11. Justification Statement. This Petition to establish the Clearwater Cay Club Community Development District includes property within the proposed District which is amenable to operating as a community development - district and, therefore, should be granted, for the following reasons: (a) The area of land within the proposed District is part of a planned community, for which planned unit development approval has been received from the City. The property to be included in the District is of sufficient size and is sufficiently contiguous and compact to be developed as one functional and interrelated community and the District is planned to be developed as such. The area to be served by the proposed District is amenable to separate special district government. (b) Establishment of the District and all land uses and services planned within the proposed District are not inconsistent with the applicable elements or portions of the Clearwater Comprehensive Plan or the State Comprehensive Plan. (c) The proposed District will be the best alternative available for delivering community development services to the area to be served because the District provides a governmental entity for delivering those services and facilities in a manner that does not financially impact persons residing outside the proposed District and provides a responsible perpetual entity capable of making reasonable provisions for the operation and maintenance of District services and facilities in the future. The establishment of the District will prevent the general body of taxpayers in Clearwater from bearing the burden for installation of the infrastructure and the maintenance of the above-described facilities within the development encompassed by the proposed District. (d) The community development services of the proposed District will be compatible with the capacity and use of existing local and regional services and facilities, allows for a more efficient use of resources, provides the opportunity for new growth to pay for itself, and provides a perpetual entity capable of making reasonable provisions for the operation and maintenance of the District services and facilities. 12. Supplemental Petition. A supplemental petition will be filed containing prefiled testimony for the public hearing and any other pertinent information, data, or analysis requested by the City of Clearwater. WHEREFORE, Petitioner respectfully requests the City Council of the City of Clearwater to: # 355599 vI 3 . . . (a) Schedule a public hearing in accordance with the requirements of Chapter 190, Florida Statutes, to consider the establishment of the Clearwater Cay Club Community Development District; (b) Grant the petition and adopt an ordinance pursuant to Chapter 190, Florida Statutes, establishing the Clearwater Cay Club Community Development District; and (c) Consent to the District's exercise of its statutory powers which includes all powers set forth in Sections 190.011 and 190.012, Florida Statutes. RESPECTFULLY SUBMITTED, this In day of (YJ~c..(+ ,2005. ROB~ON, P. . C{. Thomas A. Cloud, Esquire 301 East Pine Street, Suite 14 Orlando, FL 32801 407 -843-8880 # 355599 vI 4 . EXHIBIT "A" CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT SURVEY The survey is attached and has been submitted to the City of Clearwater. . . . . . . I .!. Ull~Ni . , ! H i.lil...l!~ .'l.~ 'If'fl.I' i I . ~~!'IJ!Il'lljIP I ~lf!h;~ :ll~llili f. 'a'I'I~lli'~ I '!~.II'i~1 11'" I '. 'i~!'~"""f!l. 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"IlHWliiij~l;nl~l! hd !I Jlm!~liMI:Jft~:jth oa'l.t~ '- - g ~~ : ., i~ " o' j . :, I " ,<, I ~~ Ih " I Zj ! fi" I I I I, I I I 1 !:! ii~ i;! ~l: . ~ -- M ll.Il.lOS --1'" ~ ~~ ~ I i :o~~---I ills I . l!;i: ~ II I . I ~ , I L ....., II't.IOS ,U"tJ.1 ..1...11IM ~ . i.. .1, :~i ". . I~A\'MHOIH.s.n'8S~ !.I."'.LS ~~~~ g ~~ - l" ~ 3~ a ~ w ;I ~I ~~ ~ :~ ~ ~ ~~ ~ i .; h! ~l ~~ 0 :~8 3~ ~ ~~~ ~ 0 ~il & !a. ~ ~ l/!; ~ o.~ = ~ ~~ ~~ U! ~ i ~~ -g ~$!:~ f __ ~ h 8~ It ~ ;I ~ ~~ i~ I~( ~ ~ i :nH;; ~ i a:g ~f ..;~g' ; ~ ... -,- ~I~ n I I I I , ~! .- I , !~ i~ ~0. '" '" '" ! '=' ~ ;>! II ~~i II .., II m /I! '0' '~./ ,oo~1 -:::;..-::::-:::J ,80'''10 2: ~ ~; :1 II -. Ii ~ !!! li i E Ii! EXHIBIT 4 '!! wi ~ EI~g ~~ ~";~ ~a ~~ii .~ ~:<J.~ goO: ~~ 0 !h !~~i U ~~h ~. :~~~ ~: -h8 0 i~~~ ~g~ ~~~!~ in ~~ii. ~u ~;~ ~~ ~~~ ~d~~ ~h !~:,! d/(g8 ~ ;1 ~ ill "I ~ ]~ ~- ~ ~! H , U ~- .i .~ '. ;~ ~ ~ ~~... 0. 3 ~ ill' ~~' 5'" - .. EXHIBIT "B" LEGAL DESCRIPTION OF THE LAND COMPRISING THE CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT . . . . . LEGAL DESCRIPTION: A parcel of land in Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence 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; thence N01026'21"E, 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 252.55 feet to the Southeast corner of property conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence N01026'21"E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019' 48"W, along the North line of said property, a distance of 77.55 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence N01026'21"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 175.00 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 N01026'21"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 N01026'21"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 of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Sect,ion 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51 feet to the POINT OF BEGINNING, said point 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 S00027'51"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", an arc length of 8.39 feet and a chord bearing S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 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 N00040'13"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 N31018'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 0 56' 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; ~ ~ " ~ ;ll EXHIBIT (!) . . . 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 74.87 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 of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"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 S78023'09"E, for 24.44 feet; thence Sl1052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence Nl0051'19"W, for 10.82 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 of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042'28", an arc length of 44.35 feet and a chord bearing N70008'46"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 of 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 S60000'00"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 S300 42' 35"W, for 367.38 feet to the point of intersection with a non-tangent line; thence N89004'26"W, for 829.18 feet; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WITH an easement for ingress, egress, drainage and utilities 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 N01026'21"E, 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"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, 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"E, 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"E, for 49.37 feet to the point of tangency; thence S89019'48"E, 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 50.00 feet, a central angle of 390 25' 12", 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", an arc length of 212.54 feet and a chord bearing S19002' 23"E, 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", an arc length of 8.39 feet and a chord bearing N82027'58"W, 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"E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S87033'00"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 right of way line, a distance of 67.00 feet to the POINT OF BEGINNING. '. EXHIBIT "C" CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT CONSENT OF LAND OWNERS . . . CONSENT AND JOINDER TO PETITION TO ESTABLISH COMMUNITY DEVELOPMENT DISTRICT Grand Venezia Clearwater, LLC, a Florida limited liability company, by and through the undersigned hereby agrees and consents to the establishment of a community development district with authority to exercise all special and general powers upon the lands described in Exhibit "A" attached hereto, pursuant to Chapter 190, Florida Statutes. By: GRAND VENEZIA CLEARW A TER, LLC, a Florida limited liability company By: SUNVEST RESORT COMMUNITIES, LC, a Florida Limited liability company, as its Manager . STATE OF FLOl1lDA COUNTY OF (?nA;\;iIitrcC , / 'J.J.T /1 The foregoing instrument was acknowledged before me this 2!:1....:.. day of ~JJ2bJ.f a...~ ,2005 by Harvey Birdman, as Manager of SUNVEST RESORT C MUNITIES, LC, a Florida limited liability company, Manager of GRAND VENEZIA CLEARWATER, LLC, a Florida limited . liability company, by who is personally known to me or who has produced- as identification. #P~ R'-' C' ~~!tj ~or'" Public State 01 Florida Notal'j \r~~r. "A Alvarez 7 M~'con'r...\SSlon DD21J84 . ''''-/22J'''''''7 E.~plieS \JV LVV' - 1~. - . i J') Signat~t ry, ( ()A12iLt if-( ,4) LtLfQl Printed Name of Notary Commission Expires: b!iJf1?i1l WI {), . # 363309 v1 ~ Iii .i E ;! EXHIBIT C '. . . LEGAL DESCRIPTION: A parcel of land in SectioIl 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence 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; thence N01026'21"E, 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 252.55 feet to the Southeast corner of property conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence N01026'21"E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 77.55 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence N01026'21"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 175.00 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 N01026'21"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 N01026'21riE, 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 of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51. feet to the POINT OF BEGINNING, said point 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 S00027'51"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", an arc length of 8.39 feet and a chord bearing S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 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 N00040'13"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 N31018'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 0 56' 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 74.87 feet, a central angle of 02040'OA",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 of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"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 S7S023'09"E, for 24.44 feet; thence S11052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence N10051'19"W, for 10.82 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 of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042'28", an arc length of 44.35 feet and a chord bearing N70008'46"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 of 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; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WITH an easement for ingress, egress, drainage and utilities 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 N01 026' 21 "E, 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"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, 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 cenOtral . . . angle of 300 38' 59", an arc length of 18.72 feet and a chord bearing N39027' 06"E, 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"E, for 49.37 feet to the point of tangency; thence S89019'48"E, 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 50.00 feet, a central angle of 390 25' 12", 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", an arc length of 212.54 feet and a chord bearing S19002'23"E, 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", an arc length of 8.39 feet and a chord bearing N82 0 27' 58 "W, 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'OO"W, for 9.05 feet to a point of intersection with a non-tangent line; thence S00027'22"E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S87033'00"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 right of way line, a distance of 67.00 feet to the POINT OF BEGINNING. . CONSENT AND JOINDER TO PETITION TO ESTABLISH COMMUNITY DEVELOPMENT DISTRICT DC703, LLC, a Florida limited liability company, by and through the undersigned hereby agrees and consents to the establishment of a community development district with authority to exercise all special and general powers upon the lands described in Exhibit "A" attached hereto, pursuant to Chapter 190, Florida Statutes. By: DC703, LLC, a Florida limited liability company ~ F. Dave Clark, as Manager . STATE OF FLORIDA COUNTY OF ~~-roe.. ~ The foregoing instrument was acknowledged before me this ~\.s'-day of ...x::r~~-v~~ ,2005 by F. Dave Clark, as Manager of DC703, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification. - \J~~ II ~~ Sig~otary ~t:~t"O-'" ~ ~~ Printed Name of Notary , Commission Expires: ~ ---~ ~ ",.~~~III'" DEBORAH A. SMITH fm\ Notlry Public ". Stlte of Florida =. . = Ioty Commission Expires Sep 30, 2005 ~ W Commis&ion . 00056559 "~,'r..r,;.~ Bc~ded By Nelianal Notlry Assn. -~~ . # 363309 v1 ~ ~ jj ~ EXHIBIT C/ . . . LEGAL DESCRIPTION: A parcel of land in Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence 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; thence N01026'21"E, 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 252.55 feet to the Southeast corner of p'roperty conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence NOlo 2 6' 21 "E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 77.55 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence N01026'21"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 175.00 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 7 3.79 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 N01026'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast corner of said property; thence N8 9019' 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 N01026'21"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 of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51 feet to the POINT OF BEGINNING, said point 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 S00027'51"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'OO"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", ah arc length of 8.39 feet and a chord bearing S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 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 N00040'13"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 N31018'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 0 56' 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 74.87 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 of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"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 S78023'09"E, for 24.44 feet; thence Sl1052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence N10051'19"W, for 10.82 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 of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042'28", an arc length of 44.35 feet and a chord bearing N70008'46"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 of 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; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WIT~ an easement for ingress, egress, drainage and utilities 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 Se~tions 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 N01 026' 21 "E, 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"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, 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"E, 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"E, for 49.37 feet to the point of tangency; thence S89019'48"E, 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 50.00 feet, a central angle of 390 25' 12", 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", an arc length of 212.54 feet and a chord bearing S19002'23"E, 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", an arc length of 8.39 feet and a chord bearing N82027' 58"W, 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"E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S87033'00"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 right of way line, a distance of 67.00 feet to the POINT OF BEGINNING. . EXHIBIT "0" CLEARWATER CAY CLUB COMMUNITY DEVELOMENT DISTRICT BOARD OF SUPERVISORS 1. Darcy Edwards 2724 Via Murano, Unit 620 Clearwater, FL 33764 2. Gary Schwarz 2722 Via Tivoli, Unit 416A Clearwater, FL 33764 3. David Schwarz 2722 Via Tivoli, Unit 416A Clearwater, FL 33764 4. Cristal Coleman . 2749 Via Cipriani, Unit 10158 Clearwater, FL 33764 5. Fred Clark, Sr. 2709 Via Cipriani, Unit 521A Clearwater, FL 33764 . EXHIBIT ~ ii i ~ a; .D . EXHIBIT "E" MAPS SHOWING CURRENT MAJOR TRUNK WATER MAINS, SEWER INTERCEPTORS AND OUTFALLS . . . , '\ I ' : '\ I w ::; l! Ii ~ 11 i ~:I 'i: E ~ . ;a [}= !1&, ~ (Qb tQ . , , \ 1 ~ '- ~ _ ,1>. \ 'r\\ '\ :~ I \ \~ ~ . ",,\\ ! \t _ ~\ \~. ? J 'rr:Jl=---lI...tr-.~;j~ " ~.~ .1 I I' I Ir-i I I I I \ ~ I I' ,_ ~. ~ I I rrb __ I-I I __~ =) ___ I II L.-A~~_::::J:~r , II I ~~..... 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I II " I r--tr----t I -- II I I I 1 _~.p, I 1\ j I I: - - r~- _-- 't II --- ~ 'I = t--t---;::----:..------~~-t--:..-:..----~Lt-----i-=-=----- 11- I, ___ "1..~-_-.=,~~ ~__ _ _ _ _ _ _ ___ . \ \ >- <( CD <( Q.. ::i <( I- t ;, c:::~ ,.., I, ..,' 6~ A'v'MH8IH 's'n - 99 a'v'o~ 31'v'lS ~~, ~Jii . [}= ~ ~ [QS (Q) ~ ~ ~ Ci :E !: : t e I iI ~ ~ i ~ In . a @) !~~,J ~ IlUIi~ i!: , I I ... :E ~ 51 ~ ! i ~ t ~ z ~ ~ In ~ II. r~ ..... ~ 0. '" I!! ~ '" ~ w UJ ::Ii '" o ... UJ i ~ ... z y :l a: ::Ii Iii ~ c 3 ~ ffi 0 I!! ::Ii ~ ~ 2i ~ ...J U ~ I ~ u ~ ~ ::l :l ": - :Ii ~ i2 ~ g ~ ~ ~ u ! . i 1 ~ II I a ~ DC703 COMMUNITY DEVELOPMENT DISTRICT . PRELIMINARY INFRASTRUCTURE COST OPINION Grand Venezia Cay Club TOTAL WATER I WASTEWATER Stormwater System $198,000 $1,907,500 Seawalls $625,000 $725,000 Water Mains $99,000 $93,000 Reclaimed Water $0 $63,000 Sanitary I Lift Stations $592,100 $882,100 Utilities $312,500 $300,000 $1,826,600 $3,970,600 $ 5,797,200 ROADWAYS .. Entryway Structures $50,000 $100,000 Road (4LD) $0 $149,600 Road (2L) $266,000 $105,000 Parking (On-Street) $574,800 $61,200 Lighting $175,000 $140,000 Plaza (3) $0 $294,532 Landscaping (Roads) $266,000 $391,083 Sidewalks $101,750 $24,100 $1,433,550 $1,265,515 $ 2,699,065 RECREATION I WATERFRONT TennisNolleyball Courts $300,000 $300,000 . Water Features (Fountains) $0 $700,000 Waterfront Theater $0 $850,000 Fountains $0 $960,000 Flower Garden $0 $225,000 Docks / Wharf / Promenade $750,000 $750,000 Bridges $0 $500,000 Kiosks $0 $150,000 Landscaping $0 $715,000 Pool $0 $270,000 Gazebo $50,000 $50,000 $1,100,000 $5,470,000 $ 6,570,000 PARKING Parking Structures $0 $1,650,000 $ 1,650,000 SECURITY Guardhouses $50,000 $150,000 Walls $0 $6,500 $50,000 $156,500 $ 206,500 $ 4,410,150 $ 12,512,615 Note: This is a preliminary cost opinion only and is GRAND TOTAL: $ 16,922,765 . based on information provided by the owner to date. For Informational Purposes Only. ~ EXHIBIT ~ f r ~ r '. EXHIBIT "G" STATEMENT OF ESTIMATED REGULATORY COSTS (SERC) . . . STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 Introduction 1.1 Purpose and Scope This statement of estimated regulatory costs ("SERC") supports the petition to establish the Clearwater Cay Club Community Development District ("District"). The proposed District comprises approximately 40 +/- acres of land within the City of Clearwater, Florida on which approximately 195 residential villa units, 119 hotel-minium units, 17,278 S.F. of office space, 102,869 S.F. of retail space, 27,014 S.F. of restaurant space, parking and recreational facilities are planned for development. The aforementioned development program will be added to the 336 existing apartments. The limitations on the scope of this SERC are set out in Chapters 120 and 190 F.S. (2004) (specifically, Sections 190.005(1)(a)8, and 120.541(2)). Moreover, Section 190.002(2)(d), F.S. (2004), provides "that the process of establishing such a district pursuant to uniform general law shall be fair and based onlv on factors material to managing and financing the service delivery function of the district, so that any matter concerning permitting or planning of the development is not material or relevant (emphasis added)." 1.2 Overview of the Clearwater Cay Club Community Development District . The District is designed to provide community infrastructure, services, and facilities along with their operations and maintenance. The development plan for the proposed lands within the District includes the construction of approximately 195 residential villa units, 119 hotel-minium units, 17,278 S.F. of office space, 102,869 S.F. of retail space,27,014 S.F. of restaurant space, parking and recreational facilities. The 336 existing apartments will be renovated to compliment the newly constructed development program. 1.3 Requirements for the Statement of Estimated Regulatory Costs Section 120.541(2), F.S. (2004), defines the elements a statement of estimated regulatory costs must contain: (a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (b) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. . (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local govermnental entities, required to comply with the requirements of 1 ~ ,!1 '" i is EXHIBIT & . . . the rule. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting. (d) An analysis of the impact on small businesses as defined by Section 288.703. F.S. (2004), and an analysis of the impact on small counties and small cities as defmed by Section 120.52, F.S. (2004). The City of Clearwater is not defined as a small city for purposes of this requirement. (e) Any additional information that the agency determines may be useful. (f) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (l)(a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed ' rule. 2.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. As noted above, Clearwater Cay Club is designed for approximately 336 apartments, 195 residential villa units, 119 hotel-minium units, 17,278 S.F. of office space, 102,869 S.F. of retail space, and 27,014 S.F. of restaurant space. Establishment of the District would put all of the households and businesses that locate within the community under the jurisdiction of the District. Of course, the decision to locate within the District is a voluntary one. 3.0 A good faith estimate of the cost to state and local government entities of implementing and enforcing the proposed ordinance, and any anticipated effect on state and local revenues. 3.1 Costs to Govermnental Agencies ofImplementing and Enforcing Ordinance State Govermnent Entities The District consists of fewer than 1,000 acres; therefore the City of Clearwater is the establishing entity under Section 190.005(2), F.S. (2004). There will be only modest costs to various State govermnental entities to implement and enforce the proposed establishment of the District. The modest costs to various State entities to implement and enforce the proposed ordinance relate strictly to receipt and processing of various reports that the proposed District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only one of several hundred govermnental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is de minimis. Additionally, pursuant to Section 2 . . . 189.412, F.S. (2004) the proposed District must pay an annual fee to the State of Florida Department of Community Affairs to offset such costs. The City of Clearwater The land within the District is within the municipal limits of the City of Clearwater and consists of fewer than 1,000 acres. The Clearwater City Council and its staff will process, analyze, conduct a public hearing, and vote upon the petition to establish the District. These activities will absorb some resources. These costs to the City are modest for a number of reasons. First, review of the petition to establish the District does not include analysis of the project itself. Second, the petition itself provides much of the information needed for a staff review. Third, the City of Clearwater already possesses the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Fifth, local governments routinely process similar petitions for land uses and zoning changes that are far more complex than is the petition to establish a community development district. Finally, costs related to staff's time to process the petition to establish the District have been offset by a filing fee that will be paid to the City. The annual costs to the City, because of the establishment of the District, are also very small and within control of the City. The proposed District is an independent unit of local govermnent. The only annual costs the City faces are the minimal costs of receiving and to the extent it wishes, reviewing the various reports that the District is required to provide to the City. 3.2 Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on State or local revenues. The District is an independent unit of local govermnent with limited powers. It is designed by law to provide community facilities and services to the lands that comprise the Clearwater Cay Club Community. It has its own sources of revenue. No State or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, "are not debts of the State of Florida or any other unit of local govermnent. In accordance with State law, debts of the CDD are strictly its own responsibility. 4.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance. Table 1 provides an outline of the various facilities and services the proposed District may provide. It is anticipated that the District will fund, own, operate, and maintain the community's recreational amenities, public parking, and security facilities. The District also plans to construct and fmance the internal roadway system, and potable water and wastewater utilities. It is anticipated that these facilities will be turned over to the City of Clearwater for ownership and maintenance. 3 . Table 1. Clearwater Cay Club Community Development District Proposed Facilities and Services FACILITY FUNDEDI O&M OWNERSHIP CONSTRUCTED W ater/W astewater CDD City of City of Clearwater Clearwater Roadways CDD City of City of Clearwater Clearwater Recreation CDD CDD CDD Parking CDD CDD CDD Security CDD CDD CDD The petitioner has estimated the costs for providing the capital facilities outlined in Table 1. The cost estimates are shown in Table 2 below. Total costs for these facilities are estimated to be approximately $16,922,765. To fund this construction program the District may issue special assessments or other revenue bonds estimated to total $22,000,000. These would be repaid through non-ad valorem assessments levied on all developable property within the District that specially benefit from the District's capital improvement program as outlined in Table 2. Table 2. Summary of Estimated Capital Costs Clearwater Cay Club Community Development District . Category W ater/W astewater Roadways Recreation Parking Security Total Construction Estimate $5,797,200 $2,699,065 $6,570,000 $1,650,000 $206.500 $16,922,765 Prospective future landowners in the District may be required to pay non-ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non-ad valorem assessments for debt service, the District may also impose a non-ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. It is important to note that the various costs outlined in Table 2 are typical for developments of the type contemplated. There is nothing peculiar about the District's fmancing that requires additional infrastructUre over and above what would normally be needed. Therefore, these costs are not in addition to normal development costs. District-imposed assessments for operations and maintenance costs are similar to what would be charged by a property owner's association common to most mixed-use developments except they are govermnent enforced first liens. . 4 . Real estate markets are quite efficient, because buyers and renters evaluate all of the costs and benefits associated with various alternative locations. Therefore, market forces preclude developers from marking up the prices of their products beyond what the competition allows. To remain competitive the operations and maintenance assessments must also be in line with the costs imposed by the competition. Furthermore, the decision to locate within the District is completely voluntary. These potential residents are given full disclosure of the existence of the district and level of anticipated assessments. So ultimately, all owners and users of the affected property chose to accept the District's costs in tradeoff for the benefits that the District provides. A Community Development District ("CDD") provides residents with the option of having higher levels of facilities and services financed through self-imposed charges. The District is an alternative means to finance necessary community services. District fmancing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, City provision (directly or via a dependent special district), or through developer equity and/or bank loans. It should be noted that occupants of the lands within the District will receive three major classes of benefits. First, those residents and businesses in the District will receive a higher level of public services and amenities sooner than would otherwise be the case. . Second, a CDD is a mechanism to ensure that the community services and amenities will be completed concurrently with development of lands within the District. This satisfies the revised growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands. Third, a CDD is the sole form of governance which allows District landowners, through landowner voting and ultimately electoral voting for resident elected boards, to determine the type, quality and expense of District services they receive, provided they meet the City's overall requirements. 5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S. (2004), and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. (2004). There will be no impact on small businesses because of the establishment of the District. If anything, the impact may be positive. This is because the District must competitively bid certain contracts. This affords small businesses the opportunity to bid on District work. The City of Clearwater has an estimated population (not incarcerated) in 2004 that is greater than 10,000. Therefore the City of Clearwater is not defined as a "small" city according to Section 120.52, F.S. . 5 . . . 6.0 Any Additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Input was received from the developer's engineer and other professionals associated with the developer. Finally, it is useful to reflect upon the question of whether the proposed District is the best alternative to provide community facilities ~d services to the project. As an alternative to the District, the City of Clearwater could approve a dependent special district for the area, such as an MSBU or a special taxing district. Either of these alternatives could finance the improvements contemplated in Table 1 in a fashion similar to the proposed District. There . are a number of reasons why a dependent district is not the best alternative for ' providing community facilities and services to the Clearwater Cay Club Community. First, unlike the District, the alternatives would require the City of Clearwater to administer the project and its facilities and services. As a result, the costs for these services and facilities would not be sequestered to the land directly benefiting from them, as the case would be with the District. Administering a project of the size and complexity of the development program anticipated for the Clearwater Cay Club Community is a significant and expensive undertaking. Second, a District is preferable from a govermnent accountability perspective. With a District, residents and landowners in the District would have a focused unit of govermnent ultimately under their direct control. The District can then be more responsive to resident needs without disrupting other City responsibilities. By contrast, if the City of Clearwater was to establish a dependent district, then the residents and landowners of the Clearwater Cay Club Community would take their grievances and desires to the City Council. Third, any debt of a District is strictly the District's responsibility. While it may he technically true that the debt of a City-established dependent, special district is not strictly the City's responsibility, any fmancial problems that the special district may have will inevitably entangle the City. This will not be the case if a District is established. Another alternative to the District would be for a property owner's association to provide the infrastructure, operations, and maintenance of community facilities and services. A District is superior to a POA for a variety of reasons. First, unlike a POA a District can obtain low cost funds from the municipal capital markets. Second, the District can impose and collect its assessments along with other property taxes. Therefore, the District is far more assured of obtaining its needed funds than is a POA. Third, the proposed District is a unit of local govermnent. This provides a higher level of oversight and accountability. 6 . Fishkind and Associates certifies that this SERC meets the requirements for a Statement of Estimated Regulatory Costs as set out in Section 120.541, F.S. (2004). We have developed over 25 SERCs. Below is a list offive of these. . Urban Orlando Community Development District . Marshall Creek Community Development District . Cedar Hammock Community Development District . Meditera Community Development District . Brooks Community Development District . . 7 . APPENDIX A LIST OF REPORTING REQUIREMENTS FLORIDA STATUTE REPORT CITE DATE Annual Financial Audit 11.45 within 9 months following end of fiscal year 218.39 within 12 months after end of fiscal year Annual Financial Report (AFR) 218.32 (d) no later than 12 months after end of fiscal year or (e) no later than April 30 TRIM Compliance Report 200.068 no later than 30 days after adoption . of resolution establishing property tax levy Form I - Limited Financial Disclosure 112.3144 by July 1 Public Depositor 280.17 by November 30 Proposed Budget 190.008 at least 60 days prior to adoption Public Facilities Report 189.415 within one year of creation; annual updates thereafter Public Meeting Schedule 189.417 qUarterly, semiannually or annually Bond Report 218.38 when issued; within 120 days after delivery of bonds Registered Agent 189.416 30 days after first meeting . 8 . . . EXHIBIT "H" MAPS (INCLUDING AERIAL, WATER PARK, OVERALL MASTER PLAN, SITE PLAN, FUTURE LAND USE, ZONING AND NARRATIVE) . . H.UIION .L33HS1 111301 'll . I, f IIi j 1 II 11 \ "-,, 11\ I )()"-,<,\ ',' (]OJ~llJ\' lUll\; n'N ::Fl""0. I HdYHflo.LOHd 'lYIHlIV I!~. .:..-::!. ul:n IfUJil sjftS" 1111111 lJ fll Ii HIli illili~ Ihi~~i jll Hili I!H~lf~ uH~ ,,) . I i . = I , il f ! !l . I ~ jQ ~ "'I r ~ . " t lEI ::J ..J U ~ U :to:: ~1II m~ ~~ . :to:: I ~< I . :$111 1 1t..J . ~ EXHIBIT ~U I ,!1 H i" t! ill " ..- '.....~ -... , ~D (~ ( o r ~ I: -: -. II l3i D! . TOWER AND RAFT PRIVATE CLUB ENTRANCE RESTROOMS KID'S WATER PLAY STRUCTURE F&B OUTLET F&B SPAGHETTI SPIRAL TUBE AND RAFT RIDE CAMPINILE SPEED SUDE TOWER CANAL BRIDGE PuBLIC AND HOTEL ENTRANCE TICKET KIOSKS AND LOCKERS WATER PARK CLEARWATER CAY CLUB -- n..._..._____.____~_...~........ ..._d....,.w.:nr--"___"""*-t_.wr-\VeI_ ~_.._....~.............*-'P.~.~ !lor oe. --.. 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U :;: 9 ~ ~ u C ~ :1i u ~ ~ j ~ ..., - ::; a: ~ ~ I!:' u > ~ C ~ ~ u ! a ~ ji! I-n~ ~, fU 1 ~ ~ ~~~I, I ~ I-- II I I tJ () ~i i1~ ili 0:: . I-- I-- en () ~ ~ 0 0:: ~ ...J I-- e:( en 8 c:l I-- 0 W W Z Z Z <( W ...J 0 e:( ...J ...J a.. 0 en () ~ I-- 2 z W 0:: Z W ~ UJ 0:: W W ~ C) ~ ~ 0.. W ~ 0 en UJ en 0 0:: ~ ~ ....J z () 0.. W II II 0 () ~ :J !L 0 w ~ II 0:: 0 ~ ~ ~ z 2 ~ ~ .... z ~ ~ r.: ::i ~ m . o " :> o !Z d 0: UJ >- ~ ~ ~ ~ 0 0: -' ili ~ d " ~ 6~ A'v'MH~IH 's'n - 99 a'v'oCj 31'v'lS ~~ . <Z o ::; u ~ ~ ::l :> "', , ::ii 0: a :$ ~ ti > ~ " ~ ~ 0 ! a ~ 1 ~- l! i -~ ~ ~~ . . . Michael Redd & Associates, P.A. Michael T. Redd. President Frank a. Baynham, Vice President Clearwater Cay Club US Highway 19 North Clearwater, Florida Introduction This narrative describes the intended improvements for the property, now called the Clearwater Cay Club. The existing project comprising 24.08 acres contains 336 apartments and attendant garages, known as Venezia, built in clusters along the waterside on Old Tampa Bay. These buildings, along with several support structures and clubs, have been previously designed and constructed using Venetian Italian architectural design influence. The color palette and certain fascia detailing enabled the previous owner to market these apartments under the label Venezia. The new plan encompasses the Venezia Village as well as an adjunct new. development directly adjacent to Venezia. This new develop provides a wide range of additional amenities, both for the residents and for visitors. In continuing the Italian theme and reinforcing the Italian Architectural character the current owners intend to enhance the stated vernacular with a more authentic Venetian inspired architectural approach. The new buildings will be designed with careful attention to proportion, style, material use and graphic-architectural detailing. Further, the placement of shops of Venetian Mediterranean character are located on, and will replace, the old Levitz shopping mall that is barely functioning and has out-dated architecture not in keeping with the style of the initial project. . Key Changes Clearwater Cay Club is now being designed as a regional destination attracting local, national, and International users. Its site designed and location celebrates the water. Its landscape evokes a warm Floridian-Mediterranean environment. The master plan introduces a new shallow fresh water basin and small canal system that, while not connected to salty Clearwater Bay, will impart a strong visual impression that a water network is the project's integral component. Around this new lagoon (Lagoon di Alba) new Venetian inspired themed structures will contain spa, new residences, retail shops, offices and a hotel, all supported by new structured parking. 631 U.S. Highway One, Suite 300 -A North Palm Beach, FL 33408 Voice: 561.863.2500 Fax: 561.863.2505 E-mail: Reddplan@aol.com . . . Clearwater Cay Club Scott Callahan March 4, 2005 Michael Redd & Associates, P .A. Internal Roadway and Landscape Enhancements The existing apartments will still be accessed as now from Bellair Road, with a major security access gatehouse for enhanced security and exclusivity. Clearwater Cay Club's internal roadways will be improved and enhanced by an appropriately themed streetscape (graphics, street trees, street furniture, etc.) as well as enhanced entry and exit points from US 19 N. Special paving materials and unique landscape themed plantings will unify the Venezia with the additional new properties and present the project as a unified design. Via Veneto Via Veneto serves as the main arrival visual by the creation of a central and newly created "Main Street." Via Venteo is conceived as a true European shopping street with access to shops, hotel, and adjacent parking structure at the ground level. This unique blend of exciting architecture and a European countenance will become the entire project's visual icon. Galleria Shops along the Via Veneto will be differentiated by Venetian striped gondola posts and banner awnings and will have streetside architecture again with a strong Venetian Architectural vernacular. Covered promenade walkways with regularly occurring side pedestrian vias will offer frequent merchandising corners and invite pedestrian traffic into the heart of the new project. Utilizing the southern footprint of the existing mall, and as much of the support structure as can be retained, an extended gallery of smart shop units will be developed using Venetian city design principles. Three stories high, with ceramic barrel tile roof and faux Venetian flared chimneys above, the Galleria can be accessed from Via Veneto, or from several pedestrian only passigiata (passageways) that pierce the building, or from the canal side to the east. A projecting arcade that is a sunscreen during the summer months will protect the faQade of the Galleria on the east side. Concept drawings illustrate the use of canted shade awnings, radius arched entries, decorative lanterns and lighting, and sophisticated signage that will be controlled and defined in the owner-tenant design guidelines. A small Bridge of Sighs (Ponte dell Sopire) spans Via Veneto at the second or third levels, connecting upper level parking with the Galleria. As well these upper Page 2 of 3 . . . Clearwater Cay Club Scott Callahan March 4, 2005 Michael Redd & Associates, P .A. level pedestrian bridges serve to connect (on a N-S axis) living units with the hotel and shops. A central feature of the building at an interruption point of the Golden Section levels by a tower was inspired by the Torre dei Mori on St Mark's Square. This fa<;ade detail carried an early clock design and other interesting details. This design is repeated on the west side. A major archway gives entrance to one of the passages. Internally, apartments and/or offices will be found at the second and third levels. The internal access to these has yet to be established but will probably be from escalators and steps off an internal covered courtyard than runs the axis of the structure. The Canal and the Lagoon The small canal shown on the plan runs south to north. It is spanned in two places by small Venetian bridges that will give access to the east side of the.. Lagoon. These bridges contain archways of sufficient height and breadth to allow for the passing of a gondola below. The canal enters the Lagoon under one of these brick or stone-faced bridges. On this body of water evening shows are possible with water and light generated spectacles. Occasional processions of traditional Venetian boats that are highly decorated reinforce the theme. Around the edge of the Lagoon runs the Cammino degli Andanti - or Pedestrian Promenade - a walkway and strolling area which will be illuminated at night by appropriate cast iron street lanterns. The master plan illustrates a small covered performance gazebo that juts into the lake. Restaurants and shops face the lake. There is sufficient plaza dimension to extend some of the restaurants into outdoor tables and chairs. As in Venice, these areas will be protected by kinetic shade structures. Hotel A five-story hotel is planned as the central anchor of the project. The intended footprint overlays the center and north part of the Levitz Mall demolished to provide the new footings. A porte cochere and valet drop off will be provided on the west side along the Via Veneto, or from the Piazza Minore, one of two traffic circles. W:\PROJECT\Clearwater\02,07,05\Cay Club Narrative on MRAPA stationeryl.doc Page 3 of 3 -----.> E -I--/S {'''Y '1:" -fv-"",,, -{.('.... ,,() " 0-.1 "'~:k k 1:"4.,."",,i.'4'" V ..~. f;, If."" ,"'.... , ". 0 I Sc",l. : '= ~O . . . , I i , !~, ~J E: o o : ~ o E J::i g: E' -, ~I;, cl ~i , <I> L ,!l: 1"0 fUl .............,.- I: <\1: ~ 0;: 'I t), ! I'll E. . I'- I Il) .... I'- '" co I'- I ........... I Il) '" i .... , I'- .... .. N V 0 co en ..... ..... '" co C/) v C'l t 0 --~-.._. - ..J 5 '" <D .',........ U. al N Q co :; 0 Il) :J I- C/) 1 5 ~ N (") U. al ,., .... C/) (") N I- .... CXl Z .... :J ..-............... ui I'- .!l .... C/) N V ~ ..J 0 co E C/) ui '" E .- .... 0:: ..... _"m 0 .... co N 0 ~ I'- <( .... .... Cl. ........~ 0 (") CXl N Z .... V N I.Cl '" a:> 52 ...: ",- '$ 0:: (") N <( .... 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AFFIDAVIT TO AUTHORIZE AGENT STATE OF FL~DA COUNTY OF I -Q/\J c..r r>5J Grand Venezia Clearwater, LLC, a Florida limited liability company, being first duly sworn, depose(s) and say(s): 1. That Grand Venezia Clearwater, LLC, is the owner and record title holder of the property described on Exhibit "A" attached hereto (the Property"): 2. That this Property constitutes a portion of the land for which a request for a Community Development District is being applied for to the City Commission of the City of Clearwater. 3. That the undersigned (has/have) appointed W. Scott Callahan and Thomas A. Cloud as (his/their) agent(s) to execute any permits or other documents necessary to affect such permit. 4. That this affidavit has been executed to induce the the City of Clearwater, Florida, to consider and act on the above-described Property. 5. That the undersigned authority hereby certifies that the foregoing is true and correct. GRAND VENEZIA CLEARWATER, LLC, a Florida limited liability company SUNVEST RESORT COMMUNITIES, LC, a Florid limited liability company, as its ager ~ ATE OF FLO IDA _ COUNTY OF .' ;',' tit ! .~ I ; The" foregoing instrument was acknowledged before me this ~ day of . 1UJl/" ,2005 by Harvey Birdman, as Manager of SUNVEST RESORT OMMUNITI S, LC, a Florida limited liability company, Manager of GRAND VENEZIA CLEARWATER, LLC, a Florida limited liability company, by who is perso lIy known to me or who has produced-- as identific ion, 1) ~ . . '" ' .. -.. -. " ~o,,,-,, Notar/ Public State of Florida I("r,e M AI~ar(iZ Mv CommISSion OD213847 l;Aplres OEi!22/2007 ~ EXHIBIT ;: Commission Expires: # 347022 v1 ,!1 '" J!l E ill . . . LEGAL DESCRIPTION: A parcel of land in Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence 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; thence NOI026'21"E, 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 252.55 feet to the Southeast corner of property conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence NOI026'21"E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said p~operty, a distance of 77.55 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence NOI026'21"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 175.00 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 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 N8 9 019' 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 of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51 feet to the POINT OF BEGINNING, said point 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 S00027'51"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'OO"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", an arc length of 8.39 feet and a chord bearing S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 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 N00040'13"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 N31018'08"E, for 95.51 feet to the point of intersection with 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 74.87 feet, a central angle of 02040'04", an arc le~gth 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 of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"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 S78023'09"E, f9r 24.44 feet; thence Sl1052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence N10051'19"W, for 10.82 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 of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042'28", an arc length of 44.35 feet and a chord bearing N70008'46"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 of 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 S60000'00"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 S300 42' 35"W, for 367.38 feet to the point of intersection with a non-tangent line; thence N89004' 26"W, for 829.18 feet; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WITH an easement for ingress, egress, drainage and utilities 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 N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S8 9 019' 48 "E, parallel with said South line of Section 20, a distance of 610.00 feet; thence SOl026'21"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, 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"E, 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"E, for 49.37 feet to the point of tangency; thence S89019'48"E, 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 50.00 feet, a central angle of 390 25' 12", 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", an arc length of 212.54 feet and a chord bearing S19002' 23"E, 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", an arc length of 8.39 feet and a chord bearing N82027'58"W, 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 .wi th a non-tangent line; thence SOO 0 27' 22 "E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S8703J'00"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 right of way line, a distance of 67.00 feet to the POINT OF BEGINNING. . AFFIDAVIT TO AUTHORIZE AGENT STATE OF FLORIDA COUNTY OF ~ \::)"'-V'Oe. DC703, LLC, a Florida limited liability company, being first duly sworn, depose(s) and say(s): 1. That DC703, LLC, is the owner and record title holder of the property described on Exhibit "A" attached hereto (the Property"): 2. That this Property constitutes a portion of the land for which a request for a Community Development District is being applied for to the City Commission of the City of Clearwater. 3. That the undersigned (has/have) appointed W. Scott Callahan and Thomas A. Cloud as (his/their) agent(s) to execute any permits or other documents necessary to affect such permit. 4. That this affidavit has been executed to induce the the City of Clearwater, Florida, to consider and act on the above-described Property. . 5. That the undersigned authority hereby certifies that the foregoing is true and correct. DC703, LLC, a Florida limited liability com any By: STATE OF FLORIDA COUNTY OF ,"'\)"-\;D ,,",-eel:- . '-:--- The foregoing instrument was acknowledged before me this ...:Q~ of r-~" o~ ,2005 by F. Dave Clark, as Manager of DC703, LLC, a Florida limit lability company, who IS personally known to me or who has produced ~ation. ("""., '~~~_ ~~'f\;~ SignafiJre of Notary ~. ~ ~ ~ '.' )~.'1')1.P=i~- "~,_h~"'-..~~ Printed Name of Notary " Commission Expires: '\ 30-~ c::> .:;m......~..!t<..... DEBORAH A. SMITH i '\ Notsry Pub lit - Stllte of Florida i' . i My Ccm~IUilJn EJpires SIp 30, 2005 ~ ll~ CommiSSion' 00056559 ~,c;rn~'" Elonooid ey N&lionBI Nolary Aun. oi;1P,lo~".. ~ ,!1 '" i is EXHIBIT f # 347022 v1 .. LEGAL DESCRIPTION: A parcel of land in Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: . Commence 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; thence N01026'21"E, 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 252.55 feet to the Southeast corner of property conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence N01026'21"E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 77.55 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence N01026'21"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 175.00 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 N01026'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast corner of said property; thence N8 9019' 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 N01026'21"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 of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: . Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51 feet to the POINT OF BEGINNING, said point 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 S00027'51"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", an arc length of 8.39 feet and a chord bearing S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 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 N00040'13"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 N31018'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 0 56' 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 74.87 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 of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"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 S78023'09"E, for 24.44 feet; thence Sl1052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence N10051'19"W, for 10.82 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 of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042'28", an arc length of 44.35 feet and a chord bearing N70008'46"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 of 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 S60000'00"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; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WITH an easement for ingress, egress, drainage and utilities 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 N01026'21"E, 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"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, 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"E, 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"E, for 49.37 feet to the point of tangency; thence S89019'48"E, 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 50.00 feet, a central angle of 390 25' 12", 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", an arc length of 212.54 feet and a chord bearing S19002' 23"E, 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", an arc length of 8.39 feet and a chord bearing N82027'58"W, 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"E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S87033'00"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 right of way line, a distance of 67.00 feet to the POINT OF BEGINNING. . 2 ~/ . . . NOTICE OF LOCAL PUBLIC HEARING City of Clearwater, Florida, City Council To Consider the Creation of the CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT DATE: TIME: LOCATION: Council Chambers of the City of Clearwater, Florida 112 S. Osceola Ave. Clearwater, Florida 33758 . Notice is hereby given that a hearing will be held on the _ day of 2005, beginning at , or as soon thereafter as the matter may be heard in the Council Chambers, City of Clearwater, Florida City Hall, 112 S. Osceola Ave., Clearwater, Florida 33758 before the City Council, City of Clearwater, Florida ("Council"), to consider the elements of a petition filed by DC703, LLC, a Florida limited liability company ("Petitioner") to establish a uniform community development district to be known as the Clearwater Cay Club Community Development District ("District") as authorized and provided for in Chapter 190, Florida Statutes (2003). The District is a statutorily created single and special-purpose local government limited to providing basic systems, facilities and services to the property within its boundaries, subject to the City of Clearwater Comprehensive Plan and planning and land development regulations and conditions. The information presented at this hearing will be used to afford the Petitioner, any affected units of local government, and the general public, a fair and adequate opportunity to appear and present oral and written comments regarding the creation by ordinance of this community development district. The district would be created by a proposed ordinance the title of which is as follows: AN ORDINANCE ESTABLISHING THE CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES; NAMING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; DESCRIBING THE FUNCTIONS AND POWERS OF THE DISTRICT; DESIGNATING PERSONS TO SERVE AS THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The proposed land area to be served by the District contains 40.339 acres more . or less, is located wholly within the territorial limits of the incorporated area of the City of . . . Clearwater, Pinellas County, Florida ("City"). The proposed land area is generally located in the area east of US Htghway 19 and north of State Road 60. The boundaries of the properties to be serviced by the District are outlined in the map depicted in this notice. There is no real property within the boundaries of the District which will be excluded from the jurisdiction of the District. The metes and bounds legal description is as follows: [SEE EXHIBIT "A"] If adopted, the ordinance will establish a uniform community development district and designate the land to be serviced by the District. A community development district is a local government created by law and established by ordinance, on a proposed property subject to state and local regulatory requirements governing the lawful use and development of the property. Establishment of a uniform community development district pursuant to chapter 190, Florida Statutes, is not a development order under Chapter 380, Florida Statutes. All planning, permitting and other regulatory requirements pertaining to development within the land area will be in accordance with general and special law and applicable City ordinances; the processes herein set forth deal only with the factors to be considered in creating a uniform community development district by ordinance as an alternative for managing and financing certain basic services for community development, all pursuant to city permits. All persons appealing any decision of the Council made at the hearing referenced herein are hereby notified they may need to ensure that a verbatim record of the proceedings, including testimony and evidence, is made, upon which an appeal is to be based. In accordance with the Americans with Disabilities Act, persons who need special accommodations to attend the meeting should contact the City of Clearwater, Florida, City Clerk at (727) 562-4040 at least 24 hours in advance of the public hearing. Location Map: 2 # 364692 vI . . . 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LEGAL DESCRIPTION: A parcel of land in Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence 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; thence N01026'21"E, 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 252.55 feet to the Southeast corner of property conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence N01026'21"E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 77.55 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 2 6' 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 175.00 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 S890 19' 48 "E, along the South line of said property, a distance of 210.24 feet to the Southeast corner of said property; thence N01026'21"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 N01026'21"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 of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51 feet to the POINT OF BEGINNING, said point 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 S00027'51"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", an arc length of 8.39 feet and a chord bearirig S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 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 N00040'13"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 N31018'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 0 56' 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; ~ ,!1 j E ;jl EXHIBIT fI '. . . 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 74.87 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 of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"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 S78023'09"E, for 24.44 feet; thence Sl1052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence N10051'19"W, for 10.82 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 of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042,'28", an arc length of 44.35 feet and a chord bearing N70008'46"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 of 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 S60000'00"W, for 1333.52 feet; thence S89019'48"E, for 20.9.91 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 i3022'27", 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; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WITH an easement for ingress, egress, drainage and utilities 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 NOlo 26' 21 "E, along said East right of way line, a distance of 5.00 feet; thence S8 9 019' 48 "E, parallel with said South line of Section 20, a distance of 610.00 feet; thence SOl026'21"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, 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"E, 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"E, for 49.37 feet to the point of tangency; thence S89019'48"E, 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 50.00 feet, a central angle of.390 25' 12", 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", an arc length of 212.54 feet and a chord bearing SI9002'23"E, 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", an arc length of 8.39 feet and a chord bearing N82027'58"W, 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"E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S87033'00"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 N0005l'16"E, along said East right of way line, a distance of 67.00 feet to the POINT OF BEGINNING.