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Home My WebLink About05-017 ORDINANCE NO. 05-017 AN ORDINANCE AMENDING CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; ESTABLISHING THE CREEKSIDE COMMUNITY DEVELOPMENT DISTRICT; ESTABLISHING THE BOUNDARIES OF THE DISTRICT; DESIGNATING THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS OF THE DISTRICT; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND SETTING FORTH THE VOTE ON ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: 1. The Board is authorized, pursuant to Sections 125.01 and 190.005, Florida Statutes, to establish community development districts that are less than 1,000 acres in size and located within the unincorporated areas of the County. 2. BJK, LLC, a Florida limited liability company and Preferred Properties of St. Lucie, LLC, a Florida limited liability company, have filed with the Board a petition for the establishment of a community development district, which petition contains the information required by Section 190.005(1)(a), Florida Statutes. 3. In accordance with Section 190.005(1)(d) and 2(b), Florida Statutes, the Board held a public hearing on June 7, 2005, after publishing notice of such hearing in the Tribune on May 11, 2005, May 18, 200, May 25, 2005 and June I, 2005 and: (a) The Board has considered the record of the public hearing and the factors set forth in Section 190.005(1)(e), Florida Statutes, and has found that: (b) All statements contained within the petition are true and correct; EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 2652585 06124/2005 at 08:46 AM OR BOOK 2282 PAGE 177 - 215 Doc Type: ORDN RECORDING: $333.00 (c) The creation of this district is consistent with all applicable elements and portions of the state comprehensive plan and the effective local government comprehensive plan; (d) The area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community; (e) The district is the best alternative available for delivering the community development services and facilities to the area that will be served by the district; (f) The community development services and facilities for the district will be compatible with the capacity and uses of the existing local and regional community development services and facilities; and, (g) The area that will be served by the district is amenable to separate special district government. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE XII OF CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, AS AMENDED TO READ: ARTICLE XIV "CREEKSIDE COMMUNITY DEVELOPMENT DISTRICT": Section 1-6.5-150. Established; name The Creekside Community Development District is hereby established. Section 1 - 6.5 -151 . Boundaries The boundaries of the Creekside Community Development District are as set forth in the legal description below. Creekside CDD - Legal Description See Exhibit "A" attached hereto and incorporated herein. Section 1- 6.5 -152 Initial Board of Supervisors The following five persons are designated as the initial members of the Board of Supervisors of the Creekside Community Development District: Raul Puig. Michael Houston. David Sower by. William R. Blazak and Tom Kindred. Jr. Section 1-6.5-153.Special Conditions The following special conditions shall apply to the creation. operation. and existence of Creekside Community Development District: 1 The exercise of the powers and responsibilities of the Creekside Community Development District shall be limited to the following: To finance. fund. plan. establish. acquire. construct or reconstruct. enlarge or extend. equip. operate. and maintain systems. facilities. and basic infrastructures for the following: (g) Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges; íQ) Water supply. sewer. and wastewater management. reclamation. and reuse or any combination thereof. and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains. conduits. or pipelines in. along. and under any street. alley. highway. or other public place or ways. and to dispose of any effluent. residue. or other byproducts of such system or sewer system. provided that the District's exercise of power under Section 190.012(1)(b). Florida Statutes. pertaining to water. wastewater and reuse water service is limited to constructing transmission and distribution lines. The District acknowledges that the County will provide water and wastewater service to the property. The District shall not construct or operate any plants or facilities to provide water or wastewater capacity to the lands within the District or obtain service from third parties without the written consent of the County under such terms and conditions deemed appropriate by the County; W Bridges or culverts that may be needed across any drain. ditch. canal. floodway. holding basin. excavation. public highway. tract. grade. fill. or cut and roadways over levees and embankments. and to construct any and all of such works and improvements across. through. or over any public right-of-way. highway. grade. fill. or cut; (Q) 1. District roads equal to or exceeding the specifications of the county in which such district roads are located. and street lights. 2. Buses. trolleys. transit shelters. ridesharing facilities and services. parking improvements. and related signage; W Investigation and remediation costs associated with the cleanup of actual or perceived environmental contamination within the district under the supervision or direction of a competent governmental authority unless the covered costs benefit any person who is a landowner within the district and who caused or contributed to the contamination; ill Conservation areas. mitigation areas. and wildlife habitat. including the maintenance of any plant or animal species. and any related interest in real or personal property; (g) educational uses; parks and facilities for indoor and outdoor recreational. cultural and (.b.) fire prevention and control. including water mains and plugs. (but excluding fire stations. fire trucks and other vehicles and equipment); ill school buildings and related structures. which may be leased. sold or donated to the school district. for use in the educational system. when authorized by the district school board; and. (j) security. including. but not limited to. guardhouses. fences and gates. electronic intrusion detection systems. and patrol cars. when authorized by proper governmental agencies; except that the District may not exercise any police power. but may contract with the appropriate local general-purpose governmental agencies for an increased level of such services within the District boundaries. 2. The district will use its best efforts to develop in an integrated fashion the traffic circulation. water. and sewer facilities on the district property as one functional interrelated community. J.. The district shall take no action which is inconsistent with the comprehensive plan. ordinances or regulations of St. Lucie County. 4. No publicly owned property that may be located or acquired within the legal description of this Community Development District shall be assessed for. or obligated in any way to pay for the infrastructure constructed. maintained. or operated by the Community Development District described in section 1.6-5.151 above. 5. The district shall take affirmative steps to provide for the full disclosure of information relating to the public financing and maintenance of improvements to real property undertaken by the district. Such information shall be made available to all existing residents. and to all prospective residents. of the district. The district shall furnish each developer of a residential development within the district with sufficient copies of that information to provide each prospective initial purchaser of property in that development with a copy. and any developer of a residential development within the district. when required by law to provide a public offering statement. shall include a copy of such information relating to the public financing and maintenance of improvements in the public offering statement. 6. Following the establishment of the Creekside CDD. as provided for in Sections 1-6.5-150 and 1-6.5-151 above. each contract for the initial sale of a parcel of real property and each contract for the initial sale of a residential unit within the district shall include. immediately prior to the space reserved in the contract for the signature of the purchaser. the following disclosure statement in boldfaced and conspicuous type which is larger than the type in the remaining text of the contract: "THE (Name of District) COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEW TAXES OR ASSESSMENTS. OR BOTH TAXES AND ASSESSMENTS. ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION. OPERATION. AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW." Section 1-6.5-154 - 1.6.5-159 rreservedl PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY . If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Joseph E. Smith Commissioner Paula A. Lewis Commissioner Chris Craft AYE AYE AYE AYE AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ADOPTED this 7th day of June, 2005. . ATTEST: _~~ ~¡U de Deputy Clerk BY: 02L Chairman,.:.... ^j:.....~. .-',;'i~,/;#-'- APPROVED AS TO;;'FOR CORRECTNESS ') ~ð6Þ LEGAL D-ESCRIPTION TR ACT I THAT PART OF THE NORTHWEST 1/4 OF SECTION 26 LYING SOUTH OF STATE ROAD #70 AND NORTH OF TEN MILE CREEK; THAT PART OF THE EAST 1/2 AND THE SOUTHWEST 1/4 OF SECTION 27 LYING SOUTH OF STATE ROAD #70 AND NORTH OF TEN MILE CREEK; ALL IN TOWNSHIP .35 SOUTH, RANGE .39 EAST, IN ST. LUCIE COUNTY, FLORIDA; LESS AND EXCEPTING THEREFROM: a) THE EAST 475.5 FEET OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 26 LYING NORTH OF THE NORTH ST. LUCIE RIVER DRAINAGE DISTRICT CANAL #71. b) THE FOLLOWING DESCRIBED PORTION OF THE SOUTHWEST. 1/4 OF THE SOUTHWEST 1/4 OF SECTION 27, LYING WEST AND SOUTH OF THE FOLLOWlNG DESCRIBED LINE; BEGIN AT A POINT 52 FEET EAST OF THE NORTHWEST CORNER OF SAID SOUTHWEST 1/4 OF SOUTHWEST 1/4 THENCE RUN SOUTH 00'42'20" WEST ON A LINE PARALLEL TO THE SECTION LINE AND 52 FEET EAST THEREOF, A DISTANCE OF 420.10 FEET; THENCE SOUTH 29'48'25" EAST, 84.45 FEET; THENCE SOUTH 48'.31'15" EAST, 9.3.71 FEET; THENCE NORTH 89'00'05" EAST .399..31 FEET; THENCE SOUTH 75'01'.30" EAST 4.36.70 FEET; THENCE NORTH 4T47'45" EAST 446..34 FEET TO A POINT ON THE EAST LINE OF, AND .349.06 FEET SOUTH OF, THE NORTHEAST CORNER OF THE AFORESAID SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 27. c) THE NORTH 1 /2 OF THE NORTHEAST 1 /4 OF SECTION 27, NORTH OF STATE ROAD #70. d) THE FOLLOWING DESCRIBED BARN AND UTILITY AREA; COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP .35 SOUTH, RANGE .39 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE RUN SOUTH 01'19 00" EAST, ALONG THE EAST LINE OF SECTION 27 A DISTANCE OF 208.39 FEET TO THE SOUTH RIGHT-OF-WAY OF STATE ROAD 70; THENCE RUN WESTERLY ALONG THE SAID SOUTH RIGHT -OF -WA Y ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 27.30.79 FEET; A CENTRAL ANGLE OF 9'46'46" AN ARC DISTANCE OF 466.10 TO THE POINT OF BEGINNING; THENCE ON A TANGENT BEARING SOUTH 64'0.3'.35" WEST RUN .386.42 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE RUN WESTERLY ALONG THE CURVE HAVING A RADIUS OF 7684.0 FEET THROUGH A CENTRAL ANGLE OF 4'12'36" AND ARC DISTANCE OF 564.61 FEET; THENCE RUN SOUTH 00'41'25" EAST A DISTANCE OF 24.3.75 FEET; THENCE RUN NORTH 89']]'.35" EAST A DISTANCE OF 525.0 FEET; THENCE RUN NORTH 27"48'.35" EAST A DISTANCE OF 720.0 FEET TO THE POINT OF BEGINNING. e) RIGHTS OF WAY FOR OKEECHOBEE ROAD (S.R. #70), GENTILE ROAD, AND NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANALS NO. 50 AND 51. f) A STRIP OF LAND 34.00 FEET IN WIDTH, LOCATED IN SECTION 27, TOWNSHIP .35 SOUTH, RANGE .39 EAST, ST. LUCIE COUNTY, FLORIDA. SAID STRIP OF LAND LIES 17.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE WITH THE SIDELINES EXTENDING OR CONTRACTING AS NECESSARY TO FORM A CONTINUOUS LINE AND TO TERMINATE NORTHERLY AT THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 70 AND TO TERMINATE AT THE SOUTHERLY END WITH THE LINE PARALLEL WITH AND 50.00 FEET NORTH OF A CONCRETE BRIDGE: Sheet 2 of 7 EXHIBIT '}:\U File: 03-126-exhibitA .dwg Date: 8-12-2004 CONSUL TING ENGINEERS &: LAND SURVEYORS 2980 sotJTH 25th STREET FORT PIERCE:. FlORIDA J~982 (772) ~~-J5J7 CERTIFlCA TE: .OF AUT'AOiIZA TlON NUMBER: 0000 4286 Cr::~~~~ Tech: GLM -. COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT -OF -WA Y UNE OF STATE ROAD 70 AND THE WEST UNE OF THE. EAST 1/4 OF SAID SECTION 27, SAID INTERSECTION POINT BEING A POINT ON THE ARC OF A CURVE IN SAID SOUTH RIGHT -OF -WA Y LINE (RADIAL UNE. THROUGH WHICH BEARS SOUTH 21'45'15" EAST), SAID CURVE BEING CONCAVE TO THE NORTHWESTL HAVING A RADIUS OF 586.3.58 FEET AND A CENTRAL ANGLE OF 00'20'56", THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF .35.71 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00'38'06" EAST, ALONG A LINE PARALLEL WITH AND 17.00 FEET WEST OF (AS MEASURED AT RIGHT ANGLE TO) TI:tE WEST BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED AS "LESS AND EXCEPT PARCEL 4 IN EXHIBIT" A" IN OFFICIAL RECORDS BOOK 0959, PAGE 0721, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A DISTANCE OF 2.39.59 FEET; THENCE SOUTH 45'.38'06" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 84.88 FEET; THENCE SOUTH 00'16'26" EAST, CONTINUING ALONG SAID CENTERLINE, A DISTANCE OF 2474.77 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE. g) ALSO LESS AND EXCEPT FROM TRACT I THOSE PORTIONS CONVEYED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN OFFICIAL RECORD BOOK 1191, PAGE 1841 AND DESCRIBED ON EXHIBIT A-l ATTACHED HERETO. TRACT II THAT PART, IF ANY, OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2.3, TOWNSHIP .35 SOUTH, RANGE .39 EAST, L YlNG SOUTH OF OKEECHOBEE ROAD (STATE ROAD 70) LESS AND EXCEPT THOSE PORTIONS CONVEYED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN OFFICIAL RECORD BOOK 1191, PAGE 1841, AND DESCRIBED AS FOLLOWS: A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP .35 SOUTH, RANGE .39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; TRACT GI-100-001 " ~ ~ COMMENCE AT THE SOUTH QUARTER CORNER OF SAID SECTION 27, THENCE SOUTH 89'57'.32" WEST, ALONG THE SOUTH LINE OF SAID SECTION 27, A DISTANCE OF .38.00 FEET TO THE INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF CANAL NO. 9.3 (76 FEET WIDE) AS SHOWN ON THE NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT INFORMATION MAP, DATED MAY 1991, AND THE POINT OF BEGINNING; THENCE SOUTH 89·57·.32~ WEST, ALONG SAID SOUTH LINE OF SECTION 27, A DISTANCE OF 128.3.3.3 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 27; THENCE NORTH 00'.30'.37" WEST, ALONG THE WEST LINE OF SAID EAST HALF OF THE SOUTHWEST QUARTER A DISTANCE OF 997.64 FEET TO THE INTERSECTION WITH THE APPROXIMATE NORTHERLY EDGE OF THE "TEN-MILE CREEK" TREE LINE, AS NOW EXISTING AND LOCATED; THENCE, GENERALLY FOLLOWING SAID APPROXIMATE NORTH EDGE OF THE "TEN-MILE CREEK" TREE LINE, THROUGH THE FOLLOWING COURSES: ~ ~ " . [ ~ ~ ~ NORTH 88'.34'48" EAST, A DISTANCE OF 104.4.3 FEET; NORTH 44'45'27" EAST, A DISTANCE OF .3.39.50 FEET; NORTH 82'01'.30"EAST, A DISTANCE OF .306.98 FEET; NORTH 10'48'09" WEST, A DISTANCE OF 90.57 FEET; SOUTH 84'.36'54" EAST, A DISTANCE OF 1-32.04 FEET; SOUTH 5.3'.34'51" EAST. A DISTANCE OF 1 04.68 FEET: SOUTH 65'0.3'2.3" EAST, A DISTANCE OF 1 00..38 FEET; SOUTH 89'41'10" EAST, A DISTAN.CE OF 72.20 FEET; NORTH 61'.36'38" EAST, A DISTANCE OF 1.3.3.18 FEET; SOUTH 84'.39'01" EAST, A DISTANCE OF 1l.3.6.3 FEET; THENCE NORTH 60'.38'17" EAST, CONTINUING ALONG SAID TREE LINE, A DISTANCE OF .31'.98 FEET TO THE INTERSECTION WITH THE AFORESAID WEST RIGHT -OF -WA Y LINE OF CANAL NO. 9.3; THENCE SOUTH 00'49'00" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1.310.58 FEET TO THE INTERSECTION WITH THE AFORESAID SOUTH LINE OF SECTION 27 AND THE POINT OF BEGINNING. Sheet 3 of 7 , '; EXHIBIT "An File: 03-126-exhibitA c: .dwg Date.: 8-12-2004 :ï!:CULPEPPER ~ - U'-TERPEN IN G.INC. Tech: GLM CONSUL TING ENGINEERS &: LAND SURVEYORS 2980 SOUTH 25th STREET FORT PIERCE, Fl..ORIOA 3-4982 _(772) ~~-JSJ7 ŒR11FlCA TE Of -WTHORIZA 11 ON NUMBER: 0000 ~2a5 --- --------- - '. TRACT GI-100-004 A PARCEL OF LAND LYING WITHIN THE WEST HALF OF SECTION 26, THE EAST HALF OF SECTION 27, THE NORTHEAST QUARTER OF SECTION .34, AND THE NORTHWEST QUARTER OF SECTION .35, TOWNSHIP .35 SOUTH, RANGE .39 EAST, ST. LUCIE COUNTY, FLORIDA. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ' COMMENCE AT THE SOUTH QUARTER CORNER OF SAID SECTION 27, THENCE NORTH 89-57'32" EAST, ALONG THE SOUTH LINE OF SAID SECTION 27, A DISTANCE OF .38.00 FEET TO THE INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CANAL NO. 9.3 (76 FEET WIDE) AS SHOWN ON THE NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT INFORMATION MAP, DATED MAY 1991, AND THE POINT OF BEGINNING; THENCE NORTH 00'05'.3.3" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 0.2j FEET; THENCE NORTH 00'49'00" WEST, CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE, BEING A LINE PARALLEL WITH AND .38.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) THE WEST LINE OF THE EAST HALF OF SAID SECTION 27, TO THE INTERSECTION WITH THE APPROXIMATE NORTHERLY EDGE OF THE "TEN-MILE CREEK" TREE LINE, AS NOW EXISTING AND LOCATED, A DISTANCE OF 1.352.74 FEET; THENCE, GENERALLY FOLLOWING SAID APPROXIMATE NORTHERLY EDGE OF THE "TEN-MILE CREEK" TREE LINE, THROUGH THE FOLLOWING COURSES: ~ .., ~ NORTH 60'.38'17" EAST, A DISTANCE OF 117.01 FEET; NORTH 41'40'21" EAST, A DISTANCE OF 154.40 FEET; NORTH 66'2.3'44" EAST, A DISTANCE OF .383.04 FEET; NORTH 71'02'.30" EAST, A DISTANCE OF 4.34.92 FEET; . THENCE NORTH 78"55'46" EAST, CONTINUING ALONG SAID APPROXIMA TE NORTHERLY EDGE OF THE "TEN-MILE CREEK" TREE LINE, A DISTANCE OF 244.28 FEET TO THE INTERSECTION WITH A LINE PARALLEL WITH AND 50.00 FEET WEST OF (AS MEASURED AT RIGHT ANGLE TO) THE CENTERLINE OF A 1.3 FOOT WIDE CONCRETE BRIDGE SPANNING SAID "TEN-MILE CREEK"; THENCE NORTH 00'56'41" WEST, ALONG SAID LINE, A DISTANCE OF 51.5.3 FEET; THENCE NORTH 89'0.3'19" EAST, PERPENDICULAR TO THE PRECEDING COURSE AND ALONG A LINE PARALLEL WITH AND 50.00 FEET N.ORTH OF (AS MEASURED AT RIGHT ANGLES TO) THE NORTH EDGE OF THE AFORESAID BRIDGE, A DISTANCE OF 100.00 FEET; THENCE SOUTH 00'56'41" EAST, PERPENDICULAR TO THE PRECEDING COURSE AND ALONG A LINE PARALLEL WITH AND 50.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) THE AFORESAID CENTERLINE OF BRIDGE, A DISTANCE OF 118.74 FEET TO THE INTERSECTION WITH THE APPROXIMATE CENTERLINE OF THE AFORESAID MAIN CHANNEL OF "TEN-MILE CREEK" AS ESTABLISHED BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND SHOWN ON MAP TITLED: "TEN-MILE CREEK CROSS SECTIONS"; DRAWING NO. TMC-100, SHEET 1 OF 7, DATED 18 FEBRUARY 1998; THENCE GENERALLY FOLLOWING SAID APPROXIMATE CENTERLINE OF THE MAIN CHANNEL OF "TEN-MILE CREEK", THROUGH THE FOLLOWING COURSES: NORTH 72'5.3'1.3" EAST, A DISTANCE OF 224.87 FEET; NORTH 31'27'25" EAST, A DISTANCE OF 182.46 FEET; NORTH .38'12'17" EAST, A DISTANCE OF 164.70 FEET; NORTH 47'.30'25" EAST, A DISTANCE OF 191.72 FEET; NORTH 24'44'45" EAST, A DISTANCE OF .34.3.88 FEET; NORTH 72'56'07" EAST, A DISTANCE OF 289.86 FEET; THENCE NORTH 64'44'57" EAST, CONTINUING ALONG SAID APPROXIMATE CENTERLINE OF THE MAIN CHANNEL OF "TEN-MILE CREEK", A DISTANCE OF 300.83 FEET TO THE INTERSECTION WITH THE EAST LINE OF THE AFORESAID EAST HALF OF SECTION 27, BEING ALSO THE WEST LINE OF THE AFORESAID WEST HALF OF SECTION 26; THENCE NORTH 01'25'29" WEST, ALONG SAID WEST LINE OF SECTION 26, A DISTANCE OF 70.4.3 FEET TO THE INTERSECTION WITH THE APPROXIMATE SOUTHERLY EDGE OF AN APPROXIMATE 10 FOOT WIDE FARM ROAD LYING NORTH OF THE AFORESAID "TEN-MILE CREEK"; THENCE, GENERALLY FOLLOWING SAID APPROXIMA TE SOUTHERLY EDGE OF A FARM ROAD, THROUGH THE FOLLOWING COURSES: ~ ~ ~ ¡; E ~ ~ ª ~ , ) ! Sheet 4 of 7 EXHIBIT ItA /I File: OJ-126-exhibitA .dwg Date: 8-12-2004 CONSUL TING ENGINEERS &: LAND SURVEYORS 2980 SOUTH 25th STREET FOR T PIERCE, FLORIDA 3-1982 (772) ~~-J5J7 CERTIFlCA TE or .ulTHORIZA nON NUMBER: 0000 ~286 (1::~~~": Tech: GLM NORTH 44'30'32" EAST, A DISTANCE OF 55.7.3 FEET; NORTH 02'14'.35" EAST, A DISTANCE OF ,29.17 FEET; NORm 29'10'24" WEST, A DISTANCE OF 102..31 FEET; NORTH 51'00'19" WEST, A DISTANCE OF .36.96 FEET; NORTH 80'.32'09" WEST, A DISTANCE OF .30.54 FEET; SOUTH 87"25'07" WEST, A DISTANCE OF 42.20 FEET; SOUTH 76'40'24" WEST, A DISTANCE OF 41,64 FEET; SOUTH 52"1.3'22" WEST, A DISTANCE OF 94.16 FEET: SOUTH 58'05'45" WEST, A DISTANCE OF 143.54 FEET; SOUTH 87"51'47" WEST, A DISTANCE OF 178.12 FEET; NORTH 79'01'57" WEST, A DISTANCE OF 42.90 FEET; NORTH 65'24'.32" WEST, A DISTANCE OF 58.11 FEET; NORTH 56'22'17" WEST, A DISTANCE OF 189.29 FEET; NORTH .38'18'17" WEST, A DISTANCE OF 28.44 FEET: NORTH 22'12'18" WEST, A DISTANCE OF 50.22 FEET; NORTH 09'01'50" WEST, A DISTANCE OF 1.30.42 FEET; NORTH 02'19'37" EAST, A DISTANCE OF 78.24 FEET; NORTH 04'07'04" EAST, A DISTANCE OF 5.3.2.3 FEET; NORTH .38'42'51" EAST, A DISTANCE OF 156.5.3 FEET NORTH 51'52'07" EAST, A DISTANCE OF 77.02 FEET; NORTH 58'34'12" EAST, A DISTANCE OF 5.3.4.3 FEET; NORTH 69'22'57" EAST, A DISTANCE OF 70.21 FEET; NORTH 89'26'42" EAST, A DISTANCE OF 76.27 FEET; NORTH 15'16'12" EAST, A DISTANCE OF 112.44 FEET; NORTH .37"46'44" EAST, A DISTANCE OF 94..36 FEET; NORTH 57"16'14" EAST, A DISTANCE OF .39.20 FEET: SOUTH 88'46'18" EAST, A DISTANCE OF 9.3.09 FEET; SOUTH 5.3'.30'16" EAST, A DISTANCE OF 190..35 FEET; NORTH 86'37'.30" EAST, A DISTANCE OF 4.3.97 FEET; SOUTH 52'08'24" EAST, A DISTANCE OF 100.75 FEET; SOUTH 72'00'01" EAST, A DISTANCE OF 1.32..34 FEET; SOUTH 8.3'19'20" EAST, A DISTANCE OF 88.01 FEET; NORTH 75'.32'07" EAST, A DISTANCE OF 71.76 FEET; NORTH 2.3'4.3'31" WEST, A DISTANCE OF 89.51 FEET; NORTH 01'00'12" EAST, A DISTANCE OF 57.48 FEET; NORTH 24'04'05" EAST, A DISTANCE OF .36.14 FEET; NORTH 57"15'08" EAST, A DISTANCE OF 157.86 FEET; NORTH 37"07'16" EAST, A DISTANCE OF 105..36 FEET; NORTH 02"11'21" EAST, A DISTANCE OF 155.19 FEET; NORTH 8.3"24'17" WEST, A DISTANCE OF 19.3.64 FEET; NORTH 00'.31'06" EAST, A DISTANCE OF 27.52 FEET; NORTH 88'.39'50" EAST, A DISTANCE OF 506.80 FEET; NORTH 87"11'51" EAST, A DISTANCE OF 472..35 FEET; SOUTH 77"0.3'51" EAST, A DISTANCE OF 64.97 FEET; NORTH 66'06'47" EAST, A DISTANCE OF 1.35.04 FEET; SOUTH 87"06'16" EAST, A DISTANCE OF 161,10 FEET; SOUTH 7]'32'28" EAST, A DISTANCE OF 16.3.92 FEET; SOUTH 76'54'12" EAST, A DISTANCE OF 415.28 FEET; THENCE SOUTH 75'14'11" EAST, CONTINUING ALONG SAID APPROXIMATE SOUTHERLY EDGE OF A FARM ROAD, A DISTANCE OF 41.96 FEET TO THE INTERSECTION WITH THE WEST LINE OF THE EAST 475.5 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF AFORESAID SECTION 26; THENCE CONTINUE SOUTH 75'14'11" EAST, DEPARTING SAID SOUTH LINE OF ROAD AND BEGIN FOLLOWING THE APPROXIMA TE NORTHERLY BANK OF THE MAIN CHANNEL OF "TEN-MILE CREEK", A DISTANCE OF .341.02 FEET; THENCE SOUTH 74'04'29" EAST, CONTINUING ALONG SAID APPROXIMATE NORTH BANK OF "TEN-MILE CREEK", A DISTANCE OF 118.12 FEET TO THE INTERSECTION WITH THE WEST RIGHT -OF -WA Y LINE OF CANAL NO. 95 (67.00 FEET WIDE), AS SHOWN ON THE AFORESAID NORTH ST LUCIE RIVERWA TER CONTROL DISTRICT INFORMATION MAP; THENCE SOUTH 00'.38'11" EAST ALONG SAID RIGHT-OF-WAY LINE, BEING A LINE PARALLEL WITH AND .3.3.50 FEET WEST OF (AS MEASURED AT RIGHT ANGLES) TO THE EAST LINE OF THE AFORESAID WEST HALF OF SECTION 26, A DISTANCE OF .3924..30 FEET TO THE rNTERSECTION WITH THE SOUTH LINE OF SAID SECTION 26; THENCE NORTH 89'.39'14" EAST, ALONG SAID SOUTH LINE OF SECTION 26, BEIN"G ALSO THE SOUTH RIGHT -OF -WA Y LINE OF SAID CANAL NO. 95, A DISTANCE OF .3.3.50 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 26; THENCE, DEPARTING SAID CANAL RIGHT-OF-WAY LINE, BEAR SOUTH 00'11'08" EAST, ALONG THE EAST LINE OF THE AFORESAID NORTHWEST QUARTER OF SECTION 35, A DISTANCE OF 2581.47 FE.ET TO THE INTERSECTION WITH THE NORTH RIGHT-Of-WAY LINE OF CANAL 101 (98.00 FEET WIDE), AS SHOWN ON THE AFORESAID NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT INFORMATION MAP; THENCE SOUTH 89'45'23" WEST, ALONG SAID NORTH RIGHT -OF -WA Y LINE, BEING A LINE PARALLEL WITH AND 49.00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES TO) THE SOUTH LINE OF THE AFORESAID NORTHWEST QUARTER OF SAID SECTION 35, A DISTANCE OF 2667.20 FEET; THENCE NORTH 00'01'15" EAST, ALONG SAID WEST LINE OF SECTION .35 AND CONTINUING ALONG SAID CANAL 95 RIGHT -Of -WA Y LINE, A DISTANCE OF 1.3.93 FEET; THENCE SOUTH 89'53'.3.3" WEST, DEPARTING SAID WEST LINE OF SECTION .35, ENTERING INTO AFORESAID SECTION .34 AND CONTINUING ALONG THE SAID NORTH RIGHT-OF-WAY LINE OF CANAL NO. 101, BEING A LINE PARALLEL WITH AND 6.3.00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES TO) THE SOUTH LINE OF THE AFORESAID NORTHWEST QUARTER OF SECTION 34, A DISTANCE OF 2607.88 FEET TO THE INTERSECTION WITH THE AFORESAID EAST RIGHT-Of-WAY LINE OF CANAL NO. 9.3, THENCE NORTH 00'05'.3.3" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE OF CANAL NO. 9.3, BEING A LINE PARALLEL WITH AND .38.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) THE WEST LINE OF THE AFORESAID NORTHWEST QUARTER OF SECTION .34, A DISTANCE OF 2565.84 FEET TO THE POINT OF BEGINNING. Sheet 5 of 7 Tech: GLM CONSULTING ENGINEERS de LAND SURVEYORS 2980 SOUrrl 25th STREET FORT PIERCE. FLORIDA ,H982 (772) +õ~-J5J7 CERnflCA TE Of' ...)JJrrlORIZA nON NUMBER: 0000 ~286 CT~~~~,: EXHIBIT ':Au File: 03-126-exhibitA .dwg Date: 8-12-2004 ~ TOGETHER WITH: COMMENCING AT THE NORTHEAST CORNER OF SECTJON 27, TOWNSHIP .35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE RUN SOUTH 01'19 00" EAST,ALONG THE EAST LINE OF SECTION 27 A DISTANCE OF 208..39 FEET TO THE SOUTH RIGHT-OF-WAY OF STATE ROAD 70; THENCE RUN WESTERLY ALONG THE SAID SOUTH RIGHT -OF -WA Y ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 27.30~79 FEET; A CENTRAL ANGLE OF 9'46'46" AN ARC DISTANCE OF 466.10 TO THE POINT OF BEGINNING; THENCE ON A TANGENT BEARING SOUTH 64'0.3'.35" WEST RUN .386.42 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE RUN WESTERLY ALONG THE CURVE HAVING A RADIUS OF 7684.0 FEET THROUGH A CENTRAL ANGLE OF 4'12'.36" AND ARC DISTANCE OF 564.61 FEET; THENCE RUN SOUTH 00'41'25" EAST A DISTANCE OF 24.3.75 FEET; THENCE RUN NORTH 89'.3.3'35" EAST A DISTANCE OF 525.0 FEET; THENCE RUN NORTH 27'48'.35" EAST A DISTANCE OF 720.0 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: BEING A TRACT OF LAND IN THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP .35 SOUTH. RANGE .39 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP .35 SOUTH RANGE .39 EAST; THENCE N 89'49'26" W ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 1,862.86 FEET, TO THE EAST LINE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1516, PAGE 647, ST. LUCIE COUNTY, FLORIDA; THENCE N 00'10'.35" E, ALONG SAID EAST LINE, A DISTANCE OF 990.29 FEET, TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 70 (ALSO KNOWN AS OKEECHOBEE ROAD); THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING COURSES AND DISTANCES; THENCE N 75'57'58" E A DISTANCE OF .394.24 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 17,.322.74 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF .31.69 FEET THROUGH A CENTRAL ANGLE OF 00'06'17" TO THE WESTERLY LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 28.3, PAGE 1566, ST. LUCIE COUNTY, FLORIDA; THENCE ALONG THE WESTERLY, SOUTHERLY AND EASTERLY BOUNDARIES OF SAID LANDS THE BY THE FOLLOWING COURSES AND DISTANCES; THENCE S 12"45'10" E A DISTANCE OF 202.41 FEET; THENCE N 76".30'50" E A DISTANCE OF 154.69 FEET; THENCE N 12'45'10" W A DISTANCE OF 204.87 FEET, TO THE POINT OF INTERSECTION WITH A NON TANGENT CURVE, CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 17,.322.74 FEET, THE CHORD OF WHICH BEARS N 74~37'.30" E, AND BEING THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 70 (OKEECHOBEE ROAD); THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 4.38.14 THROUGH A CENTRAL ANGLE OF 01'26'57" TO THE INTERSECTION WITH THE WESTERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1407, PAGE 2822, OF THE PUBLIC RECORDS OF ST. LUCIE COUNT'!', FLORIDA; THENCE ALONG THE WESTERL Y AND SOUTHERLY BOUNDARY OF SAID LANDS BY THE FOLLOWING COURSES AND DISTANCES; THENCE S 20'51'45" E A DISTANCE OF 170.74 FEET; THENCE N 64'08'45" E A DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1408, PAGE 0031, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE ALONG THE WESTERLY, SOUTHERLY AND EASTERLY BOUNDARIES OF LASTLY AFORESAID LANDS BY THE FOLLOWING COURSES AND DISTANCES; THENCE S 05'5.3'26" E A DISTANCE OF 29.3.78 FEET; THENCE N 64'04'49" E A DISTANCE OF 491.8.3 FEET; THENCE N 00'2.3'15" W A DISTANCE OF .384.89 FEET TO THE POINT OF INTERSECTION WITH THE SAID SOUTH RIGHT-OF -WA Y LINE OF STATE ROAD 70 (OKEECHOBEE ROAD); THENCE N 71'58'22" E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 255.10 FEET TO THE INTERSECTION WITH THE EAST LINE OF SAID' NORTHWEST 1/4; THENCE S 00'24'44" E, ALONG SAID EAST LINE A DISTANCE OF 1524.65 FEET TO THE POINT OF BEGINNING. Sheet 6 of 7 Tech: GLM CONSUL TING ENGINEERS de LAND SURVEYORS 2980 soum 25th STREET FORT PIERCE. FlORIDA 3-4982 (772) ~~-J5J7 ŒRTlFlC.... IT Of ....UTHORIZA TlON NUMBER: 0000 ~ C1~:~~~ EXHIBIT LlAh File: 03-126-exhibitA .dwg Date: 8-12-2004 Parcel 1: That portion of the Southwest ;.4 of the Southwest ;4 of Seciion 27, Township 35 South, Range .39 East, St. Lucie County, Florida, lying South and East of the foll9win9 described line: Begin at a point 52 feet East of the Northwest corner of the Southwest ;.4 of the Southwest )4 of said Section 27; thence, run South 00' 42'20" West on a line parallel to the Section line and 52 feet East thereof, a distance af 420.10 feet; thence, South 29'48'25" East a distance of 84.45 feet; thence, South 48'.31'15" East a distance of 9.3.71 feet; thence, North 89'00'05" East a distance of .399.31 feet; thence South 75'\rquote .30" East a distance of 4.36.70 feet; thence, North 47'47'45" East a distance of 446..34 feet to 0 point on the East line of and .349.06 feet South of the Northeast corner of the aforesaid Southwest )4 of the Southwest ;4 of said Section 27. Less canal right-of-way as in O.R. Book 164, Page 2391, of the Public Records of St. Lucie County, Florida. Parcel 2: The Northwest ;4 of the Northwest X of Section 34, Township .35 South, Range .39 East, St. Lucie County, Florida; together with the West 60 feet of the South 60 feet of the. Northeast )4 of the Northwest ;.4 of said Section .34, less the East 25 feet of the North .309.58 feet of the south 956.88 feet of the Northwest )4 of the Northwest )4 cjf said Section .34, further less canal right-of-way, Parcel .3: ~ S ~ ~ The East ~ of the Northeast )4 of the Northeast )4 of Section .3.3, Township 35 South, Range 39 East, St. Lucie County, Florida. ~ Parcel 4: o ~ o The West 60 feet of Muller Road Subdivision, according to the plat thereof recorded in Plat Book 40, Pages 27 and 27 A, of the Public Records of St. Lucie County, Florida. ! ~ Sheet 7 of 7 EXHIBIT "A" File:0.3-126-exhibitA <: .dwg Date: 8-12-2004 :ïi:CULPEPPER ~ - ~'-TERPENING.INC. CONSUL TlNG ENGINEERS &: LAND SURVEYORS 2960 SOUTH 25th STREET FORT PIERCE. FLORIDA 301982 (772) 01601-3537 , _ -ŒRTIFlCA TE Of "UffiORIZ" TI~ NUMBER: oaaa. '286 Tech: GlM _._~,~-~~-- -:~ . NOTICE OF PUBLIC HEARING " , .¡¿~ 'Ä~ pUBÜd.HÊABI~G;Ó-'~;~~d¡',î~nce"O_5:~l7¿Yili,' be. h.el~~:before the'5~,~, Lu~îe Coun'ty ,Board'of_'CoüritY:C~m~~~-sioners ón· T~eSd.ay¡,Ju¡,e' .7, 200~ at 6:áo 'p;m,:'ár a, __- soo,,' thereafter: as;:possJble;" in' th.e;:Co~û~·èy Comm.lsslOn Cham~er.s¡·-,3í:d Floo_~, af', the' County,Admini$tr:~tí(~n::Annex,', 2_300:·~V.irgJnla_; ~venue~ Fort" Pierce: Florida; t }~JI. ':co'nsider.,the petitic,".. frlèd.~by.'B"J~·,LLC, and' _?referre~': PropertleS,?f. St. . Lucie, LLC, for ,the' establi~hme_nt"'~Ca: uniform communlty'development·. district to,' be ;?~ known' as. ~Creeksld~, Co~muf.1¡ty Dèvelopment' DistriCt'" as authonzed-' and, provided for in Chapte~: 1.90~-,FloridC1' St~tutes, <1nd based-upon. the factors listedi '"~ Section. 190.005(1)(e)tFlofl,da Statutes. - - " . ~!;- The inrormat¡on:"þre,sented~ at t'hi~_l1éar¡ng will also be used to afford. the: p_etitioner, any'affecte~ u~its. Qf{;óéal gove.rnmen~", and_the general public"a f~jr a~ -.:\..^i adequate opportUnity to· appear and present oral and written comments regarding: the, establishment' ofdhe;district'The specific legal authority-for, the"8stab ':1'-'" lishment of the district -i~" Sections 190.004 and 190.005; Florida' Statutes.~ M~tters aHecting' your- personill. and' pr~perty rights; _may- be heard' and acted--upon,. AU Interested' persons are Invited to anend and be heard. Written comments received in advance or the pÌJblic~hear¡ng will also·beheard. "-:: ~'[';'" ", :', ,',' _ , , 21t.~ The land. area, to be- served by. the disuict. is located: in St, Lude, County, Florida and comprises'. approx¡ma"t~_y ,442 contiguous'acrê_s. .The boundaries - of th :~,',^, ~~:~~î~ ~~e bb~~~d~~Î~~ gl\~~~i~~~~~~~1c~:~~i~~¡,~~cT~d~;:~~ t~:~i~~f¡c~ent District~ ar8 outlin,ed in the ?làp_ depicte~. in:t~is ()ot.ice~- There is no real prop ,¡~¡ ~ A.COPy of the f,UI! text O,r the "cree,kSid.e CO,ffi munity Development District" petition and its document,ation, ¡S"aVailèblè ,fO,' review. at the O.ffke of theSt. L,Ud J' ,~ County Strategy and Special Projects ~irectorat the address noted above., " " " ,,' If any person decided to appeal any decision made with respect to any matter considered, at the meetings' ar hearings of any board. committees, commissions agency, councIlor ad'llsory group that person wilt need record of the proceedings 'and that,', for..such purpose may"ne_ed. to ensure that a verbatim' record 0 ' tne proceedings is, made, which record sh,?uld include the testimony and evidence- upon which the ~ppeal is..to- be' based.' Upon, the request of any party. to .th -;-~ proceeding, individualsrestifying during_ a'hearing will be sworn in. Any party to the proceeding will be granted an opportunity to_crass_examine, any indivldu al testifying during a hearing upon- request ' BOARO OF COUNTY COMMISSIONERS ST, LUCIE COUNTY, FLORIDA ISI Ffannie Hutchinson, Chairperson "D·, . j " This notice dined and executed this 11th day of May, 2005. Publish: May 11. 1 B, 25, Ju~ 1. 2G05 ~. PETITION TO ESTABLISH CREEKSIDE COMMUNITY DEVELOPMENT DISTRICT ~, Petitioners, BJK, LLC, a Florida limited liability company, and Preferred Properties of St. Lucie LLC, a Florida limited liability company (collectively, the "Petitioner") petition the Board of County Commissioners of St. Lucie County, Florida (the "County") pursuant to the Unifonn Community Development District Act of 1980, Chapter 190, Florida Statutes, to adopt an ordinance establishing a community development district, to be known as the Creekside Community Development District (the "District"), and designating the land area for which the District would manage and finance the basic services, and states as follows: 1. Petitioner BJK, LLC is a Florida limited liability company whose mailing address IS 6130 N.W. 74th Avenue, Miami, Florida 33166. Co-Petitioner Preferred Properties of St. Lucie LLC is a Florida limited liability company whose mailing address is 2980 South 25th Street, Fort Pierce, Florida 34981. 2. The land area to be served by the District consists of 442 acres, plus or minus, generally located as shown on the sketch attached hereto as Exhibit "A" and contained within Sections 23, 26, 27, 33 and 34, Township 35 South, Range 39 East, more particularly described by the metes and bounds description attached hereto as Exhibit "B." Said property, which is wholly located within the jurisdictional boundaries of the County, shall hereinafter be referred to as the "Land." §190.005(1)(a)1, Florida Statutes. 3. The property set forth on Exhibit "B" is owned by the Petitioner. 4. The Land is entirely within the jurisdictional boundaries of St. Lucie County, Florida. 5. Pursuant to Section 190.005(1 )(a)2., Florida Statutes, the owners of 100 percent of the real property to be included in the District hereby consent to District creation as evidenced by execution of this Petition. 6. The five (5) persons designated to serve as. the initial members of the Board of Supervisors of the District (the "Board") are identifiéd in Exhibit "D" attached hereto. These initial Supervisors shall serve on the Board until replaced by elected members as provided by Section 190.006, Florida Statutes. All of the initial Supervisors are residents of the State of Florida and citizens of the United States of America. § 190.005(1)(a)3, Florida Statutes. 7. The proposed name of the District is Creekside Community Development District. §190.005(1)(a)4, Florida Statutes. 8. A map of the proposed district showing existing and proposed major trunk water maJ.ns and sewer interceptors and outfalls is attached as composite Exhibit "C." § 190.005(1)(a)5, Florida Statutes. 9. The proposed timetables and related estimates of cost to construct the District services and facilities, based upon available data, are attached hereto as composite Exhibit "F." § 190,005(1 )(a)6, Florida Statutes, 10. The Land is presently zoned Planned Unit Development by the County. Said zoning complies with the adopted Comprehensive Plan for the COl!nty. The Future Land Use Element of the adopted Comprehensive Plan designates the Land accordingly as evidenced by the Future Land Use Map, Exhibit "E", No Comprehensive Plan changes or rezonings relating to the Land are contemplated. § 190.005(1)(a)7, Florida Statutes. 2 ~ .. 11. The statement of estimated regulatory costs of granting this Petition and the establishment of the District pursuant thereto is attached hereto as Exhibit "G." §190.005(1)(a)8, Florida Statutes. 12. The real property within the proposed District 1S amenable to operation as an independent special district for the following reasons: (a) Establishment of the District and all land uses and services planned within the proposed District will not be inconsistent with applicable elements or portions of the State Comprehensive Plan and all elements of the adopted and approved St. Lucie County Comprehensive Plan. (b) The area of Land within the proposed District is of sufficient size and is sufficiently compact and contiguous to be developed as one functional interrelated community. (c) The District provides the best mechanism for delivering and maintaining community development services and facilities to the proposed community. The Petitioner expects that the establishment of the proposed District will promote the devdopment of the Land within the District by providing for a more efficient use of resources. That development will in turn benefit the County and its residents outside the District by increasing the ad valorem tax base of the County. (d) The community developrp.ent services and facilities of the District will be compatible with the capacity and use of existing local and regional community development services and facilities. In addition, the District will provide a perpetual entity capable of making reasonable provisions for the operation and maintenance of the Districtservices and facilities. 3 Respectfully submitted this ~ day of March, 2005. By: PREFERRED PROPERTIES OF ST. LUCIE LLC, A Florida Limit By: 4 c: CONSULTING ENGINEERS & =E LAND SURVEYORS CULPEPPER & 2980 SOUTH 25th STREET , . FORT PIERCE, FLORIDA 34981 - TERPENING.INc. (772) 464-3537 State af Florida Board of Professional Engineers Authorization Na. 4286 Newell Rd ~ .... ORANGE AV. r o « o a: ¡ 1'\ Q >: ~ MIDWAY ROAD '. EXHIBIT A éREEKSIDE-CDD LOCATION MAP 03-1 268ASE. dwg 06/17/04 T I, ·1 I ~ :¡: ~ .:.¡ 8 N '"' OX) ~ '" :S ~ '" ~ o ~ " " '" C .c " 1: ¡¡: ~ ~ ~ ~ ~ " ç: ¡; OX) ~ '"' o '"' o ~ '0 ci: THIS IS NOT A SURVEY ~ GRAPHIC SCALE '000 0 500 1000· I _....J 'I ~- [ . (. røT) 33 .28 34 27 \\ 28 ~ 27 \ \ ~8 t 21_ 27 22 CREEKSIDE 2~ + o ú'~ ~ ':S:- <& \À ~ ö *~- -- SOUTH FLORIDA WATER ~. MANAGEMENT DISTRICT ~ A TTENU A TION BASIN I 22 CREEKSIDE -+- I -" 26 2 . . Sheet 1 of 7 EXHIBIT B Fìle:03-126-exhibitA c: .dwg f Date: 8-12-2004 CULPEPPER a: TERPENING.INc. Tech: GlM CONSUL TlNG ENGINEERS & LAND SURVEYORS 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA ':H982 (772) .¡ö~-J5J7 ŒRTIFlCA TE Of AUTHORIZA llON NUMBER: 0000 4286 -, LEGAL D-ESCRIPTION TRACT I THA T PART OF THE NORTHWEST 1/4 OF SECTION 26 LYING SOUTH OF STATE ROAD #70 AND NORTH OF TEN MILE CREEK; THAT PART OF THE EAST 1/2 AND THE SOUTHWEST 1/4 OF SECTION 27 LYING SOUTH OF STATE ROAD #70 AND NORTH OF TEN MILE CREEK; ALL IN TOWNSHIP .35 SOUTH, RANGE .39 EAST, IN ST. LUCIE COUNTY, FLORIDA; LESS AND EXCEPTING THEREFROM: a) THE EAST 475.5 FEET OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 26 LYING NORTH OF THE NORTH ST. LUCIE RIVER DRAINAGE DISTRICT CANAL #71. b) THE FOLLOWING DESCRIBED PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 27, LYING WEST AND SOUTH OF THE FOLLOWING DESCRIBED LINE; BEGIN AT A POINT 52 FEET EAST OF THE NORTHWEST CORNER OF SAID SOUTHWEST 1/4 OF SOUTHWEST 1/4 THENCE RUN SOUTH 00'42'20" WEST ON A LINE PARALLEL TO THE SECTION LINE AND 52 FEET EAST THEREOF, A DISTANCE OF 420.10 FEET; THENCE SOUTH 29'48'25" EAST, 84.45 FEET; THENCE SOUTH 48'31'15" EAST, 9.3.71 FEET; THENCE NORTH 89'00'05" EAST 399..31 FEET; THENCE SOUTH 75'01'.30" EAST 436.70 FEET; THENCE NORTH 47"47'45" EAST 446.34 FEET TO A POINT ON THE EAST LINE OF, AND 349.06 FEET SOUTH OF, THE NORTHEAST CORNER OF THE AFORESAID SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 27. c) THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 27, NORTH OF STATE ROAD #70. - ... ~ d) THE FOLLOWING DESCRIBED BARN AND UTILITY AREA; COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 35 SOUTH, RANGE .39 EAST, ST, LUCIE COUNTY, FLORIDA; THENCE RUN SOUTH 01'19 00" EAST, ALONG THE EAST LINE OF SECTION 27 A DISTANCE OF 208..39 FEET TO THE SOUTH RIGHT-OF -WA Y OF STATE ROAD 70; THENCE RUN WESTERLY ALONG THE SAID SOUTH RIGHT-OF-WAY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 27.30.79 FEET; A CENTRAL ANGLE OF 9'46'46" AN ARC DISTANCE OF 466.10 TO THE POINT OF BEGINNING; THENCE ON A TANGENT BEARING SOUTH 64'0.3'35" WEST RUN .386.42 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE RUN WESTERLY ALONG THE CURVE HAVING A RADIUS OF 7684.0 FEET THROUGH A CENTRAL ANGLE OF 4'12'36" AND ARC DISTANCE OF 564.61 FEET; THENCE RUN SOUTH 00'41'25" EAST A DISTANCE OF 243.75 FEET; THENCE RUN NORTH 89'.3.3'35" EAST A DISTANCE OF 525.0 FEET; THENCE RUN NORTH 27"48'35" EAST A DISTANCE OF 720.0 FEET TO THE POINT OF BEGINNING. ~ 8 ~ ~ ~ '! I J ~ ~ " " ~ ~ " ~ ~ B ~ " u .. ~ e) RIGHTS OF WAY FOR OKEECHOBEE ROAD (S.R. #70), GENTILE ROAD, AND NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANALS NO, 50 AND 51. f) A STRIP OF LAND 34.00 FEET IN WIDTH, LOCATED IN SECTION 27, TOWNSHIP .35 SOUTH, RANGE .39 EAST, ST, LUCIE COUNTY, FLORIDA. SAID STRIP OF LAND LIES 17.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE WITH THE SIDELINES EXTENDING OR CONTRACTING AS NECESSARY TO FORM A CONTINUOUS LINE AND TO TERMINA TE NORTHERLY AT THE SOUTHERL Y RIGHT-OF-WAY LINE OF STATE ROAD 70 AND TO TERMINATE AT THE SOUTHERLY END WITH THE LINE PARALLEL WITH AND 50,00 FEET NORTH OF A CONCRETE BRIDGE: Sheet 2 of 7 ~ a "" " ë ij "' ~ M ;; o ~ o ~ EXHIBIT B File: 03-126-exhibitA <: .dwg Date: 8-12-2004 :Tï:CULPEPPER 4< - ~TERPENING.'NC. Tech: GLM CONSUL TlNG ENGINEERS de LAND SURVEYORS 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 3~982 (772) 464-3537 CERTIFlCA TE Of AUT'ÅORIZA TION NUMBER: 0000 4286 - . - -. COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LlNE OF STATE ROAD 70 AND THE WEST LINE OF THE. EAST 1/4 OF SAID SECTION 27, SAID INTERSECTION POINT BEING A POINT ON THE ARC OF A CURVE. IN SAID SOUTH RIGHT-OF-WAY LINE (RADIAL LINE THROUGH WHICH BEARS SOUTH 21'45'15" EAST), SAID CURVE BEING CONCAVE TO THE NORTHWEST, HAVlNG A RADIUS OF 586.3.58 FEET AND A CENTRAL ANGLE OF 00'20'56", THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF .35.71 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00'.38'06" EAST, ALONG A LINE PARALLEL WITH AND 17.00 FEET WEST OF (AS MEASURED AT RIGHT ANGLE TO) TI:t£ WEST BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED AS "LESS AND EXCEPT PARCEL 4 IN EXHIBIT" A" IN OFFICIAL RECORDS BOOK 0959, PAGE 0721, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A DISTANCE OF 2.39.59 FEET; THENCE SOUTH 45'.38'06" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 84.88 FEET; THENCE SOUTH 00'16'26" EAST, CONTlNUING ALONG SAID CENTERLINE, A DISTANCE OF 2474;77 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE. g) ALSO LESS AND EXCEPT FROM TRACT I THOSE PORTIONS CONVEYED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN OFFICIAL RECORD BOOK 1191, PAGE 1841 AND DESCRIBED ON EXHIBIT A-1 ATTACHED HERETO. TRACT II THAT PART, IF ANY, OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTlON 2.3, TOWNSHIP .35 SOUTH, RANGE .39 EAST, LYING SOUTH OF OKEECHOBEE ROAD (STATE ROAD 70) LESS AND EXCEPT THOSE PORTIONS CONVEYED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN OFFICIAL RECORD BOOK 1191, PAGE 1841, AND DESCRIBED AS FOLLOWS: A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION '27, TOWNSHIP .35 SOUTH, RANGE .39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT GI-100-001 ~ COMMENCE AT THE SOUTH QUARTER CORNER OF SAID SECTlON 27, THENCE SOUTH 89'57'.32" WEST, ALONG THE SOUTH LINE OF SAID SECTION 27, A DISTANCE OF .38.00 FEET TO THE INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF CANAL NO. 9.3 (76 FEET WIDE) AS SHOWN ON THE NORTH ST, LUCIE RIVER WATER CONTROL DISTRICT INFORMATION MAP, DATED MAY 1991, AND THE POINT OF BEGINNING; THENCE SOUTH 89'57'.32" WEST, ALONG SAID SOUTH LINE OF SECTION 27; A DISTANCE OF 128.3..3.3 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 27; THENCE NORTH 00'.30'.37" WEST, ALONG THE WEST LINE OF SAID EAST HALF OF THE SOUTHWEST QUARTER A DISTANCE OF 997.64 FEET TO THE INTERSECTION WITH THE APPROXIMA TE NORTHERLY EDGE OF THE "TEN-MilE CREEK" TREE LINE, AS NOW EXISTING AND lOCATED; THENCE, GENERAllY FOLLOWING SAID APPROXIMATE NORTH EDGE OF THE "TEN-MILE CREEK" TREE LINE, THROUGH THE FOLLOWING COURSES: '" N :! 8 s: ~ ~ ~ ~ :õ :¡:; 0/ '" ~ ~ ~ !! ~ ~ <II ~ :J B g NORTH 88'.34'48" EAST, A DISTANCE OF 104.4.3 FEET; NORTH 44'45'27" EAST, A DISTANCE OF .3.39.50 FEET; NORTH 82'01 '.30"EAST, A DISTANCE OF .306.98 FEET; NORTH 1 0'48'09" WEST, A DISTANCE OF 90.57 FEET; SOUTH 84'.36'54" EAST, A DISTANCE OF 1-.32.04 FEET; SOUTH 5.3'.34'51" EAST, A DISTANCE OF 1 04.68 FEET; SOUTH 65'0.3'2.3" EAST, A DISTANCE OF 100..38 FEET; SOUTH 89'41'10" EAST, A DISTANCE OF 72.20 FEET; NORTH 67".36'.38" EAST, A DISTANCE OF 1.3.3.18 FEET; SOUTH 84'.39'01" EAST, A DISTANCE OF 11.3.6.3 FEET; THENCE NORTH 60'.38'17" EAST, CONTINUING ALONG SAID TREE LINE, A DISTANCE OF .31.98 FEET TO THE INTERSECTION WITH THE AFORESAID WEST RIGHT-OF-WAY LINE OF CANAL NO. 9.3; THENCE SOUTH 00'49'00" EAST, ALONG SAID WEST RIGHT -OF-WA Y LINE, A DISTANCE OF 1.310,58 FEET TO THE INTERSECTION WITH THE AFORESAID SOUTH LINE OF SECTION 27 AND THE POINT OF BEGINNING, Sheet 3 of 7 <II ~ ~ ~ o '" <II Ë <II '" ~ ~ o o N ± o f. EXHIBIT B File: 03-126-exhibitA c: .dwg Dote: 8-12-2004 :JLCULPEPPER ~ -~"-"TERPENING.INC. Tech: GLM CONSULTING EN~NEERS &: LAND SURVEYORS 2980 SOUTH 25th STREET FORT PIERCE, FLORIOA 30\.982 (772) 4õ~-J537 CERl1FlCA TE Of'..AU THORIZA nON NUMBER: 0000 4285 - ~ .. TRACT GI-100-004 A PARCEL OF LAND LYING WITHIN THE WEST HALF OF SECTION 26, THE EAST HALF OF SECTION 27, THE NORTHEAST QUARTER OF SECTION .34, AND THE NORTHWEST QUARTER OF SECTION .35, TOWNSHIP .35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: . COMMENCE AT THE SOUTH QUARTER CORNER OF· SAID SECTION 27, THENCE NORTH 89-57'.32" EAST, ALONG THE SOUTH LINE OF SAID SECTION 27, A DISTANCE OF 38,00 FEET TO THE INTERSECTION WITH THE EAST RIGHT -OF -WA Y LINE OF CANAL NO, 9.3 (76 FEET WIDE) AS SHOWN ON THE NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT INFORMATION MAP, DATED MAY 1991, AND THE POINT OF BEGINNING; THENCE NORTH 00'05'.33" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 0.21 FEET; THENCE NORTH 00"49'00" WEST, CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE, BEING A LINE PARALLEL WITH AND .38.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) THE WEST LINE OF THE EAST HALF OF SAID SECTION 27, TO THE INTERSECTION WITH THE APPROXIMATE NORTHERLY EDGE OF THE "TEN-MILE CREEK" TREE LINE, AS NOW EXISTING AND LOCATED, A DISTANCE OF 1.352,74 FEET; THENCE, GENERALLY FOLLOWING SAID APPROXIMATE NORTHERLY EDGE OF THE "TEN-MILE CREEK" TREE LINE, THROUGH THE FOLLOWING COURSES: NORTH 60"38'17" EAST, A DISTANCE OF 117.01 FEET; NORTH 41"40'21" EAST, A DISTANCE OF 154.40 FEET; NORTH 66'23'44" EAST, A DISTANCE OF .38.3.04 FEET; NORTH 71'02'.30" EAST, A DISTANCE OF 4.34.92 FEET; THENCE NORTH 78'55'46" EAST, CONTINUING ALONG SAID APPROXIMA TE NORTHERLY EDGE OF THE "TEN-MILE CREEK" TREE LINE, A DISTANCE OF 244.28 FEET TO THE INTERSECTION WITH A LINE PARALLEL WITH AND 50.00 FEET WEST OF (AS MEASURED AT RIGHT ANGLE TO) THE CENTERLINE OF A 1.3 FOOT WIDE CONCRETE BRIDGE SPANNING SAID "TEN-MILE CREEK"; THENCE NORTH 00'56'41" WEST, ALONG SAID LINE, A DISTANCE OF 51.5.3 FEET; THENCE NORTH 89'0.3'19" EAST, PERPENDICULAR TO THE PRECEDING COURSE AND ALONG A LINE PARALLEL WITH AND 50.00 FEET NDRTH OF (AS MEASURED AT RIGHT ANGLES TO) THE NORTH EDGE OF THE AFORESAID BRIDGE, A DISTANCE OF 100.00 FEET; THENCE SOUTH 00'56'41" EAST, PERPENDICULAR TO THE PRECEDING COURSE AND ALONG A LINE PARALLEL WITH AND 50.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) THE AFORESAID CENTERLINE OF BRIDGE, A DISTANCE OF 118.74 FEET TO THE INTERSECTION WITH THE APPROXIMATE CENTERLINE OF THE AFORESAID MAIN CHANNEL OF "TEN-MILE CREEK" AS ESTABLISHED BY THE SOUTH FLORIDA WATER MAN-AGEMENT DISTRICT AND SHOWN ON MAP TITLED: "TEN-MILE CREEK CROSS SECTIONS"; DRAWING NO. TMC-100, SHEET 1 OF 7, DATED 18 FEBRUARY 1998; THENCE GENERALLY FOLLOWING SAID APPROXIMATE CENTERLINE OF THE MAIN CHANNEL OF "TEN-MILE CREEK", THROUGH THE FOLLOWING COURSES: ~ '" ,.., ~ ~ 8 ~ ~ ~ j :!: ~ M i '" 1 ~ '" ~ ::> {; ~ '" ~ ~ NORTH 72'53'13" EAST, A DISTANCE OF 224.87 FEET; NORTH 31'27'25" EAST, A DISTANCE OF 182.46 FEET; NORTH 38'12'17" EAST,A DISTANCE OF 164.70 FEET; NORTH 4T30'25" EAST, A DISTANCE OF 191. 72 FEET; NORTH 24'44'45" EAST, A DISTANCE OF 34.3,88 FEET; NORTH 72"56'07" EAST, A DISTANCE OF 289.86 FEET; THENCE NORTH 64"44'57" EAST, CONTINUING ALONG SAID APPROXIMATE CENTERLINE OF THE MAIN CHANNEL OF "TEN-MILE CREEK", A DISTANCE OF 300,83 FEET TO THE INTERSECTION WITH THE EAST LINE OF THE AFORESAID EAST HALF OF SECTION 27, BEING ALSO THE WEST LINE OF THE AFORESAID WEST HALF OF SECTION 26; THENCE NORTH 01'25'29" WEST, ALONG SAID WEST LINE OF SECTION 26, A DISTANCE OF 70,4.3 FEET TO THE INTERSECTION WITH THE APPROXIMATE SOUTHERLY EDGE OF AN APPROXIMATE 10 FOOT WIDE FARM ROAD LYING NORTH OF THE AFORESAID "TEN-MILE CREEK"; THENCE, GENERALLY FOLLOWING SAID APPROXIMA TE SOUTHERLY EDGE OF A FARM ROAD, THROUGH THE FOLLOWING COURSES: Sheet 4 of 7 ~ o "" '" <: ~ '" ¡ ~ § N .", e :? 0.. EXHIBIT 8 File: 03-126-exhibitA ,dwg Date: 8-12-2004 CONSULTING ENGINEERS & LAND SURVEYORS 2980 SOUTH 25th STREET FORT PIERCE. FLORIDA ~982 (772) ~~-3537 CERl1F1CA TE 01' ~THORIZA 11 ON NUt.A8ER: 0000 ~286 (1LCULPEPPER . - ~'-'-TERPENIN G.INC. Tech: GLM - .~ NORTH 44°.30'32" EAST, A DISTANCE OF 55.73 FEET; NORTH 02'14'.35" EAST, A DISTANCE OF 29.17 FEET; - - NORTH 29°10'24" WEST, A DISTANCE OF 102..31 FEET; NORTH 51'00'19" WEST, A DISTANCE OF .36.96 FEET; NORTH 80'.32'09" WEST, A DISTANCE OF .30,54 FEET; SOUTH 87"25'07" WEST, A DISTANCE OF 42.20 FEET; SOUTH 76°40'24" WEST, A DISTANCE OF 41.64 FEET; SOUTH 52'1.3'22" WEST, A DISTANCE OF 94.16 FEET: SOUTH 58'05'45" WEST, A DISTANCE OF 143.54 FEET; SOUTH 87"51'47" WEST, A DISTANCE OF 178.12 FEET; NORTH 79'01'57" WEST, A DISTANCE OF 42.90 FEET; NORTH 65'24'.32" WEST, A DISTANCE OF 58.11 FEET; NORTH 56'22'17" WEST, A DISTANCE OF 189.29 FEET; NORTH .38°18'17" WEST, A DISTANCE OF 28.44 FEET; NORTH 22"12'18" WEST, A DISTANCE OF 50.22 FEET; NORTH 09'01'50" WEST, A DISTANCE OF 1.30.42 FEET; NORTH 02'19'37" EAST, A DISTANCE OF 78.24 FEET; NORTH 04°07'04" EAST, A DISTANCE OF 5.3.2.3 FEET; NORTH 38°42'51" EAST, A DISTANCE OF 156.5.3 FEET NORTH 51'52'07" EAST, A DISTANCE OF 77.02 FEET; NORTH 58°.34'12" EAST, A DISTANCE OF 5.3.4.3 FEET; NORTH 69°22'57" EAST, A DISTANCE OF 70.21 FEET; NORTH 89°26'42" EAST, A DISTANCE OF 76.27 FEET; NORTH 15'16'12" EAST, A DISTANCE OF 112.44 FEET; NORTH 37"46'44" EAST, A DISTANCE OF 94..36 FEET; NORTH 57"16'14" EAST, A DISTANCE OF .39.20 FEET: SOUTH 88°46'18" EAST, A DISTANCE OF 9.3.09 FEET; SOUTH 53°30'16" EAST, A DISTANCE OF 190.35 FEET; NORTH 86°.37'.30" EAST, A DISTANCE OF 4.3.97 FEET; SOUTH 52°08'24" EAST, A DISTANCE OF 100.75 FEET; SOUTH 72'00'01" EAST, A DISTANCE OF 132..34 FEET; SOUTH 8.3"19'20" EAST, A DISTANCE OF 88.01 FEET; NORTH 75°32'07" EAST, A DISTANCE OF 71.76 FEET; NORTH 2.3"4.3'.31" WEST, A DISTANCE OF 89.51 FEET; NORTH 01°00'12" EAST, A DISTANCE OF 57.48 FEET; NORTH 24°04'05" EAST, A DISTANCE OF .36.14 FEET; NORTH 57"15'08" EAST, A DISTANCE OF 157.86 FEET; NORTH .37"07'16" EAST, A DISTANCE OF 105..36 FEET; NORTH 02°11'21" EAST, A DISTANCE OF 155.19 FEET; NORTH 8.3"24'17" WEST, A DISTANCE OF 19.3,64 FEET; NORTH 00°.31'06" EAST, A DISTANCE OF 27.52 FEET; NORTH 88°39'50" EAST, A DISTANCE OF 506.80 FEET; NORTH 87"11'51" EAST, A DISTANCE OF 472..35 FEET; SOUTH 77"03'51" EAST, A DISTANCE OF 64.97 FEET; NORTH 66°06'47" EAST, A DISTANCE OF 1.35.04 FEET; SOUTH 87"06'16" EAST, A DISTANCE OF 161.10 FEET; SOUTH 73°32'28" EAST, A DISTANCE OF 16.3.92 FEET; SOUTH 76'54'12" EAST, A DISTANCE OF 415.28 FEET; THENCE SOUTH 75'14'11" EAST, CONTINUING ALONG SAID APPROXIMATE SOUTHERLY EDGE OF A FARM ROAD,' A DISTANCE OF 41,96 FEET TO THE INTERSECTION WITH THE WEST LINE OF THE EAST 475,5 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF AFORESAID SECTION 26; THENCE CONTINUE SOUTH 75'14'11" EAST, DEPARTING SAID SOUTH LINE OF ROAD AND BEGIN FOLLOWING THE APPROXIMA TE NORTHERLY BANK OF THE MAIN CHANNEL OF "TEN-MILE CREEK", A DISTANCE OF 341.02 FEET; THENCE SOUTH 74'04'29" EAST, CONTINUING ALONG SAID APPROXIMATE NORTH BANK OF "TEN-MILE CREEK", A DISTANCE OF 118,12 FEET TO THE INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF CANAL NO. 95 (67.00 FEET WIDE), AS SHOWN ON THE AFORESAID NORTH ST LUCIE RIVER WATER CONTROL DISTRICT INFORMATION MAP; THENCE SOUTH 00°.38'11" EAST ALONG SAID RIGHT-OF-WAY LINE, BEING A LINE PARALLEL WITH AND .3.3,50 FEET WEST OF (AS MEASURED AT RIGHT ANGLES) TO THE EAST LINE OF THE AFORESAID WEST HALF OF SECTION 26, A DISTANCE OF .3924.30 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 26; THENCE NORTH 89°.39'14" EAST, ALONG SAID SOUTH LINE OF SECTION 26, BEING ALSO THE SOUTH RIGHT-OF-WAY LINE OF SAID CANAL NO. 95, A ~ DISTANCE OF .33.50 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 26: THENCE, DEPARTING ~ SAID CANAL RIGHT-OF-WAY LINE, BEAR SOUTH 00'11'08" EAST, ALONG THE EAST LINE OF THE AFORESAID NORTHWEST QUARTER OF SECTION .35, A DISTANCE OF 2581.47 FEET TO THE INTERSECTION WITH THE 8 NORTH RIGHT-Of-WAY LINE OF CANAL 101 (98.00 FEET WIDE), AS SHOWN ON THE AFORESAID NORTH ST. ~ ;: LUCIE RIVER WATER CONTROL DISTRICT INFORMATION MAP; THENCE SOUTH 89°45'2.3" WEST, ALONG SAID ~ NORTH RIGHT -OF -WA Y LINE, BEING A LINE PARALLEL WITH AND 49.00 FEET NORTH OF (AS MEASURED AT ~_~,. RIGHT ANGLES TO) THE SO\JTH LINE OF THE AFORESAID NORTHWEST QUARTER OF SAID SECTION .35, A ~ DISTANCE OF 2667.20 FEET; THENCE NORTH 00°01'15" EAST, ALONG SAID WEST LINE OF SECTION .35 AND .c. CONTINUING ALONG SAID CANAL 95 RIGHT -OF -WA Y LINE, A DISTANCE OF 1.3.93 FEET; THENCE SOUTH ¡ 89'5.3'33" WEST, DEPARTING SAID WEST LINE OF SECTION 35, ENTERING INTO AFORESAID SECTION .34 AND § CONTINUING ALONG THE SAID NORTH RIGHT-OF-WAY LINE OF CANAL NO. 101, BEING A LINE PARALLEL ~ WITH AND 6.3.00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES TO) THE SOUTH LINE OF THE i AFORESAID NORTHWEST QUARTER OF SECTION 34, A DISTANCE OF 2607.88 FEET TO THE INTERSECTION ~ WITH THE AFORESAID EAST RIGHT -OF -WA Y LINE OF CANAL NO. 9.3, THENCE NORTH 00°05'.3.3" EAST, ~ ALONG SAID EAST RIGHT -OF -WA Y LINE OF CANAL NO, 9.3, BEING A LINE PARALLEL WITH AND 38,00 FEET ;: ~ EAST OF (AS MEASURED AT RIGHT ANGLES TO) THE WEST LINE OF THE AFORESAID NORTHWEST QUARTER " OF SECTION ,34, A DISTANCE OF 2565.84 FEET TO THE POINT OF BEGtNNING, ~ ~ - Sheet 5 of 7 ~ o >< " c Æ ~ ~ o o * - " ~ EXHIBIT B File: 03-126-exhibitA .dwg Date: 8-12-2004 CONSUL TING ENGINEERS de LAND SURVEYORS 2980 SOUTH 25th STREET FORT PIERCE. FLORIDA 304982 (772) +6.0\.-3537 CERTlFlCA TE Of" ...AUTHORIZA TlON NUMBER: 0000 +286 C'lLCULPEPPER · -~<=TERPENING.'NC. Tech: GLM ,. TOGETHER WITH: COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP .35 SOUTH, RANGE .39 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE RUN SOUTH 01'19 OOn EAST, ALONG THE EAST LINE OF SECTION 27 A DISTANCE OF 208..39 FEET TO THE SOUTH RIGHT-OF-WAY OF STATE ROAD 70; THENCE RUN WESTERLY ALONG THE SAID SOUTH RIGHT -OF -WA Y ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 27.3Œ79 FEET; A CENTRAL ANGLE OF 9'46'46" AN ARC DISTANCE OF 466.10 TO THE POINT OF BEGINNING; THENCE ON A TANGENT BEARING SOUTH 64'0.3'35" WEST RUN .386.42 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE RUN WESTERLY ALONG THE CURVE HAVING A RADIUS OF 7684.0 FEET THROUGH A CENTRAL ANGLE OF 4'12'36" AND ARC DISTANCE OF 564.61 FEET; THENCE RUN SOUTH 00'41'25" EAST A DISTANCE OF 24.3.75 FEET; THENCE RUN NORTH 89'.33'35" EAST A DISTANCE OF 525.0 FEET; THENCE RUN NORTH 27"48'.35" EAST A DISTANCE OF 720.0 FEET TO THE POINT OF BEGINNING. ¿ « 8 Vi TOGETHER WI TH: BEING A TRACT OF LAND IN THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP 35 SOUTH. RANGE 39 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP .35 SOUTH RANGE 39 EAST; THENCE N 89'49'26" W ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 1,862.86 FEET, TO THE EAST LINE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1516, PAGE 647, ST. LUCIE COUNTY, FLORIDA; THENCE N 00'10'.35" E, ALONG SAID EAST LINE, A DISTANCE OF 990.29 FEET, TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 70 (ALSO KNOWN AS OKEECHOBEE ROAD); THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING COURSES AND DISTANCES; THENCE N 75'57'58" E A DISTANCE OF 394.24 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 17,322.74 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF .31.69 FEET THROUGH A CENTRAL ANGLE OF 00'06'17" TO THE WESTERLY LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 283, 'pAGE 1566, ST, LUCIE COUNTY, FLORIDA; THENCE ALONG THE WESTERLY, SOUTHERLY AND EASTERLY BOUNDARIES OF SAID LANDS THE BY THE FOLLOWING COURSES AND DISTANCES; THENCE S 12'45'10" E A DISTANCE OF 202.41 FEET; THENCE N 76'.30'50" E A DISTANCE OF 154.69 FEET; THENCE N 12'45'10" W A DISTANCE OF 204.87 FEET, TO THE POINT OF INTERSECTION WITH A NON TANGENT CURVE, CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 17,.322.74 FEET, THE CHORD OF WHICH BEARS N 74'.37'.30" E, AND BEING THE SOUTH RIGHT -OF -WA Y LINE OF STATE ROAD 70 (OKEECHOBEE ROAD); THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 4.38.14 THROUGH A CENTRAL ANGLE OF 01'26'57" TO THE INTERSECTION WITH THE WESTERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1407, PAGE 2822, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE ALONG THE WESTERLY AND SOUTHERLY BOUNDARY OF SAID LANDS BY THE FOLLOWING COURSES AND DISTANCES; THENCE S 20'51'45" E A DISTANCE OF 170.74 FEET; THENCE N 64'08'45n E A DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1408, PAGE 0031, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE ALONG THE WESTERLY, SOUTHERLY AND EASTERLY BOUNDARIES OF LASTLY AFORESAID LANDS BY THE FOLLOWING COURSES AND DISTANCES; THENCE S 05'5.3'26" E A DISTANCE OF 29.3.78 FEET; THENCE N 64'04'49" E A DISTANCE OF 491.8.3 FEET; THENCE N 00'23'15" W A DISTANCE OF .384.89 FEET TO THE POIN T OF INTERSECTION WITH THE SAID SOUTH RIGHT -OF-WA Y LINE OF STATE ROAD 70 (OKEECHOBEE ROAD); THENCE N 71'58'22" E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 255,10 FEET TO THE INTERSECTION WITH THE EAST LINE OF SAID NORTHWEST 1/4; THENCE S 00'24'44" E, ALONG SAID EAST LINE A DISTANCE OF 1524,65 FEET TO THE POINT OF BEGINNING. I, 8 C:' ~ l ~ ! M ~ " c: ~ r " 2: ~ ~ ~ 6 V1 Sheet 6 of 7 ~ o '" " '2 ~ '" ,~ .., ~ '" '" ~ o ~ '- EXHIBIT B File:03-126-exhibitA c: .dwg Oak 8-12-2004 . :tl-CULPEPPER~ -~'--TERPENING.INC. Tech: GLM CONSUL TlNG ENGINEERS &: LAND SURVEYORS 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 3....982 (772) -464-3537 CERTlFlCA ìE Of' AUTHORIZA TlON NU~BER: 0000 ~ .. - :.: ;5 ~ 8 ~ ~ ~ ~ Æ :¿ ~ ~ 3: Ï ." ~ " ~ " B ~ OJ ~ ~ ~ o '" " E " '" ~ ~ o o ~ o ~ Parcel 1: That portion of the Southwest )4 of the Southwest ;4 of Section 27, Township 35 South, Range .39 East, St. Lucie County, Florida, lying South and East of the following described line: Begin at a point 52 feet East of the Northwest corner of the Southwest )4 of the Southwest ;4 of said Section 27; thence, run South 00·42'20" West on a line parallel to the Section line and 52 feet East thereof, a distance of 420.10 feet; thence, South 29·48'25" East a distance of 84.45 feet; thence, South 48·31'15" East a distance of 9.3.71 feet; thence, North 89·00'05" East a distance of .399.31 feet; thence South 75·\rquote 30" East a distance of 436.70 feet; thence, North 47·47'45" East a distance of 446..34 feet to a point on the East line of and 349.06 feet South of the Northeast corner of the aforesaid Southwest ;4 of the Southwest )4 of said Section 27. Less canal right-of-way as in O.R. Book 164, Page 2.391, of the Public Records of St. Lucie County, Florida. Parcel 2: The Northwest )4 of the Northwest ;4 of Section .34, Township .35 South, Range 39 East, St. Lucie County, Florida; together with the West 60 feet of the South 60 feet of the Northeast )4 of the Northwest )4 of said Section 34, less the East 25 feet of the North 309.58 feet of the south 956,88 feet of the Northwest )4 of the Northwest )4 of said Section 34, further less canal right-of-way. Parcel 3: The East ~ of the Northeast )4 of the Northeast )4 of Section .3.3, Township 35 South, Range .39 East, St. Lucie County, Florida. Parcel 4: The West 60 feet of Muller Road Subdivision, according to the plat thereof recorded in Plat Book 40, Pages 27 and 27 A, of the Public Records of St. Lucie County, Florida. Sheet 7 of 7 EXHIBIT B File:03-126-exhibitA c: .dwg Date: 8-12-2004 :CCULPEPPER a: -~"""TERPENING.'NC. - Tech: GLM CONSULTING ENGINEERS de LANO SURVEYORS 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 3-4982 (772) 464-3537 _-CERl1F1CA TE Of AUTHORIZA 1100 NUMBER: 0000. 4286 - ~~ H~lla!( - SCALE: 1 "=1 000' PROPOSED BACKBONE WATER SYSTEM \\ "--""-.- ,/ .' ..'!~ r¡~~i~~~~.~:,; l ~=!~';;'1~~~<Ô ...' ..... . " '·'·r 1\1 'il,L_ II \ ' I ,--I ~I 1 ~ P/L ~~C;:~SED j.I\~.~~¡\~~i!t~-) ¡ I \ , , ' EXHIBIT C-l G CONSULTING ENGINEERS & =E LAND SURVEYORS . C U LP E P PER & 2980 SOUTH 25th STREET . . FORT PIERCE, FLORIDA 34981 TERPENING.INC. (772) 464-3537 State of Florida Board of Professional Engineers Au thorizatian No, 4286 CREEKSIDE-CDD BACKBONE WATER 03-126BASE.dwg 06/17/04 EXIST. 8" FM \\\\ 'I,' , ':1\\ \\\ 'i \\\ii: \ \ ~ \ +!;¡¡ ¡;'II' ': !~: ¡Iii ¡j!i ¡ n I' If-¡ ¡¡'j 1':: 1(;: Ii:! I,f.! II,'.,' 1.:- '¡'!iti ¡iii \.,'\\\ ¡ll\ ¡';\\ \ \ Yi\ \ \\\ ¡'II 't\;1: \ \,\ \:~:~> ~0 1fJ.1JON - PROPOSED LlFTSTATlON AND FORCE MAIN SCALE: 1"=1000' PROPOSED LlFTSTATION AND FORCE MAIN PROPOSED LlFTSTATION AND FORCE MAIN LlFTSTATION MAIN , \\ \\,\ ~ \\ ':'~'~,ªc'::r'="> ..... -'~'~~:~J,<//".<--ï: . .----" f. '. ,,/.y I --JIi '~"',. '" .' ,'. j ./'~;.;~:ì11 If I: JII "0..~;.',' i ,"''C'' !~'f~i;i~~:::~:=o":"~":' ! F{l i !1;f'1Iì~liH \. . _ i !u:-J. '. ~ 'Y~:i~'" '<·l , í EXHIBIT C-2 c: CONSULTING ENGINEERS & LAND SURVEYORS =ECULPEPPER & 2980 SOUTH 25th STREET , . FORT PIERCE, FLORIDA 34981 TERPENINGINC. (772) +64-3537 State of Florida 80ard of Professional Engineers Authorization No, 4286 CREEKSIDE-CDD BACKBONE WASTEWATER 03-1268ASE.dwq 06/17/04 EXISTING OFFSITE ~~ 1l,J.1/'ON - PROPOSED OUTFALL PROPOSED LAKE TYPICAL SCALE: 1 "=1 000' PROPOSED ONSITE OUTFALL ...:;:~- PROPOSED FILTER MARSH PROPOSED LAKE TYPICAL PROPOSED ONSITE OUTFALL EXHIBIT C-3 c: CONSUL T1NG ENGINEERS & LAND SURVEYORS =ECULPEPPER & 2980 SOUTH 25th STREET . . FORT PIERCE. FLORIDA 34981 TERPENING.INC. (772) 464-~53.7 State of Florida Board of Professional Engineers Authorization No. 4286 CREEKSIDE-CDD BACKBONE STORMWATER 03-1268ASE.dwg 06/17/04 EXHIBIT D INITIAL MEMBERS OF THE BOARD OF SUPERVISORS OF CREEKSIDE COMMUNITY DEVELOPMENT DISTRICT 1. Raul Puig 6310 NW·74 Avenue Miami, FL 33 166 2. Michael Houston, AICP 73 5 Colorado Avenue Suite 1 Stuart, FL 34994 3. David Sowerby, Esq. 2940 South 25th Street Fort Pierce, FL 34981 4. William R. Blazak 2191 Herron Ave. Port St. Lucie, FL 34952 5: Tom Kindred Jr. 5316 Stately Oaks Street Fort Pierce, FL 34981 / I / I I I I / / I.. I /!v~1 a~~1 I~~ / 1'</ 11/ I /. r---c' . . -I . / t{ /,' . ...... / / I I 1/ / / 1 \ RU ) ./ \ \ J -~ RS o ~ ~ ~ ~ ~ '(j) ~ ....1- 9 RS RS RS - RESIDENTIAL SUBURBAN RU - RESIDENTIAL URBAN RIC - RESIDENTIAL E CONSULTING ENGINEERS . & ~ LAND SURVEYORS CU LPEPP-ER & 2980 SOUT1-I 25th STREET . . FORT PIERCE, FLORIDA 34981 TERPENING.INC. (772) 464-3537 State of Florida Soard of Professional Engineers Authorization No. 4286 ~0 H.I. 1/ 0'11 - SCALE: 1 "=1000' CORE ROADWAY R/C EXHIBI CREEKSIDE-CDD LAND USE 03-126BASE.dw9. 06/17/04 EXHIBIT F CREEKSIDE COMMUNITY DEVELOPMENT DIS'fRICT CREEKSIDECDD ESTIMATKOFPROBABLE COST Description of Work Stormwater Roadways Potable Water Wastewater Parks I Recreation Landscaping I Wails Sub Total Technical & Construction Services Contingency (10%) Total Cost $ 5,550,000 $ 4,750,000 $ 700,000 $ 1,880,000 $ 1,400,000 $ 3,350,000 $17,630,000 $ 3,530,000 $ 1,760,000 $22,920,000 CREEKSIDKCDDTIMETABLE PhaseT&2 Description of Work Stormwater Roadways Utilities Parks & Recreation Landscape I Walls Schedule Summer20Q5 Fall 2005 Fall 2005 Fall 2005 Fall 2005 Finish Construction March 2006 March 2006 March 2006 March 2006 March 2006 I EXHIBIT" G " STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the petition to fonn the Creekside Community Development District ("District"). The proposed District will comprise of approximately 442 acres of land located in S1. Lucie County, Florida. The limitations on the scope of this SERC are explicitly set out in Section 190.002 (2) (d), F.S. (governing District fonnation or alteration) as follows: "That the process of establishing such a district pursuant to unifonn general law shall be fair and based only on factors material to managing and financing the service delivery function of the district, so that any matter concerning pennitting or planning of the development is not material or relevant (emphasis added)." 1.2 Overview of the Creekside Community Development District The District will comprise of approximately 442 acres within St. Lucie County, Florida. The District is designed to provide infrastructure, services, and facilities along with certain ongoing operations and maintenance to the Portofino Shores development (the "Development"). The Development is planned for approximately 840 single family residential units. A Community Development District ("CDD") is an independent unit of special purpose local government authorized by Chapter 190, Florida Statutes, to plan, finance, construct, operate and maintain community-wide infrastructure in large, planned community developments. CDD's provide a "solution to the state's planning, management and financing needs for delivery of capital infrastructure to service projected growth without overburdening other governments and their taxpayers." Section 190.002 (1) (a) F.S. A CDD is not a substitute for the local, general purpose, government unit, e.g., the county in which the CDD lies. A CDD does not have the permitting, zoning or police powers possessed by general purpose governments. A CDD is an alternative means of financing, constructing, operating, and maintaining community infrastructure for plarmed developments, such as the Creekside development. The scope of this SERC is limited to evaluating the consequences of approving the proposal to establish the District. 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541 (2), F.S. (1997), 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 governmental entities, required to comply with the requirements of 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., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S., St. Lucie County is not defined as a small county for purposes of this requirement. (e) Any additional infonnation 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 (1) (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 2.0 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 oJ individuals likely to be affected by the rule. As noted above, the Development is designed for up to approximately 840 residential units. Formation of the District would provide roadways, stormwater management, potable water and wastewater system facilities, parks and recreational facilities, and landscaping to all of these residences through the proposed District facilities. It is not anticipated that anyone outside the Development would be affected by the rule creating the District, although the State of Florida and the County would be required to comply with the rule. 3.0 Good faith estimate of the cost to state and local government entities, of implementing and enforcing the proposed rule, or in the case of Districts under 1000 acres, an ordinance of the general purpose government establishing the District, and any anticipated effect on state and local revenues. 3.1 Costs to Governmental Agencies of Implementing and Enforcing Rule State Government Entities There will be only modest costs to various State governnÌental entities to implement the proposed formation of the District. The District as proposed will encompass under 1,000 acres, therefore, the County is the establishing entity under 190.005 (1) F.S. The modest costs to various State entities to implement the proposed rule relate strictly to the receipt· and processing of various reports that the proposed District is required to file with the State and its various entities. 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 many governmental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is inconsequential. Additionally, pursuant to section 189.412, F.S., the proposed district must pay an annual fee to the State of Florida Department of Community Affairs, which offsets such costs. Costs to St. Lucie County The proposed land for the District is in the St. Lucie County (the "County") and consists of less than 1,000 acres. The County 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. The costs to review the record of the local hearing, the transcript of the hearing, and the resolutions adopted by the local general-purpose government will be offset by the filing fee required under 190.005 (1), F.S. 3 These costs to the County are modest for a number of reasons. First, according to Chapter 190, F.S., review of the petition to establish the District does not include analysis of the Development itself. Second, the petition itself provides much of the information needed for a staff review. Third, local governments already possess the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Fifth, the potential costs are offset by the required filing fee. Finally, local governments routinely process similar petitions for land uses and zoning changes that are far more complex than is the petition to establish a CDD. The annual costs to the County, because of the establishment of the District, are also very small. The proposed District is an independent unit of local government. The only annual costs the County faces are the minimal costs of receiving and reviewing the various reports that the District is required to provide to the County. 3.2 Impact on State and Local Revenues Adoption of the proposed ordinance establishing the CDD will have no negative impact on State and local revenues. The District is an independent unit of local government. It is. designed to provide community facilities and services to serve the Creekside development project. 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, the County, or any unit of local government. In accordance with State law, debts of the District 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. The stormwater management system, certain potable water and wastewater system facilities, roadways, parks and recreational facilities, and landscaping will be funded by the District. 4 Table 1. Creekside Community Development District Proposed Facilities and Services FACILITY OWNERSHIP FUNDED BY O&M Stann water Roadways Parks/Recreation Landscaping/Walls CDD CDD CDD CDD CDD CDD/SLC CDD/SLC CDD/SLC CDD CDD CDD CDD CDD=Community Development District; SLC Utilities = St. Lucie County Utilities The petitioner has estimated the design and development costs for providing the capital facilities as outlined in Table 1. The cost estimates are shown in Table 2 below, Total design and development costs for these facilities are estimated to be approximately $22,920,000. The District may issue special assessment or other revenue bonds to fund the development of these facilities. These bonds would be repaid through non ad valorem assessments levied on all properties in the District that may benefit from the District's capital improvement program as outlined in Table 2. Prospective future landowners in the Development may be required to pay non ad valorem assessments levied by the District to secure any debt incurred through bond issuance. In addition to the levy of non-ad valorem assessments for debt service, the District may also levy a non ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. However, locating in the District by new residents is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the non ad valorem assessments as a tradeoff for the services and facilities that the District will provide. In addition, state law requires all assessments levied by the District to be disclosed by the seller to all prospective purchasers of property within the District. A CDD provides the property owners 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 financing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, City/County provision, or through developer equity and/or bank loans. 5 ...... In considering these costs it shall be noted that occupants of. the lands to be included within the Development will receive three major c1assë"s of benefits. First, those residents and businesses in the Development will receive a.higher level of public services sooner than would otherwise be the case. Second, a CDD is a mechanism for assuring that the commÙllity services will be completed concurrently with development of lands within the Development. 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, as applicable, to detennine the type, quality and expense of the District service;' they receive, provided they meet the County's overall requirements. ., . t. The cost impact on the ultimate landowners in the Development is not the total cost for the District to provide infrastructure services and facilities. Instead, it is the incremental costs above what the landowners would have paid to install infrastructure via an alternative financing mechanism. Given the low cost of capital for a.".CDD, the cost impact to landowners is negligible. This incremental cost of the high quality infrastructure provided by the District is likely to be fairly low. Table 2. Cost Estimate for CDD Facilities 1!! CATEGORY f .1 COST Stonnwater Roadways Potable Water Wastewater Parks I Recreation Landscaping I Walls Sub Total Technical & Construction Services Contingency (10%) Grand Total $ 5,550,000.00· $ 4,750,000.00 '" $ 700,000,00 $ 1,880,000.00 $ 1,400,000.00 $ 3,350,000.00 $17,630,000.00 $ 3,530,000.00 ,$1 ,7~0,000.00 $22,920,000.00 6 'I: . , . 1/1 . . .. ~ I " t' ~ ¡', 5.0 An analysis of the impact on small businesses 'as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. There will be little impact on small businesses because of the formation of the District. If anything, the impact may be positive. This is because the District must competitively bid all of its contracts. This affords small businesses the opportunity to bid on District work. The County has an estimated population that is greater than 75,000. Therefore the County is not defined as a "small" county according to Section 120.52, F.S. 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, Inputs were received from the Petitioner's Engineer and other professionals associated with the Petitioner. 7