ORDINANCE NO. 2003-.J!!L

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF CLAY COUNTY, FLORIDA, ESTABLISIDNG A COMMUNITY DEVELOPMENT DISTRICT, TO BE KNOWN AS THE MIDDLE VILLAGE 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 TF.lE DISTRICT; DESIGNATING FIVE PERSONS TO SERVE AS THE INlTIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

Recitals

,vH.EREAS, OakLeaf Plantation, LLC ("Petitioner"), having obtained written consent to the establishment of the Middle Village Community Development District (the "District") by the owner of one-hundred percent (100%) of the real property to be included in the District, petitioned the Board of County Commissioners (the "Board") of Clay County, Florida (the ''County''>i to adopt an ordinance establishing the District pursuant to Chapter 190, Florida Statutes; and,

WHEREAS, the Petitioner is a limited liability company authorized to conduct business in the State of Florida whose address is 3020 Hartley Road, Suite 100, Jacksonville, Florida 32257; and,

WHEREAS, all interested persons and affected units of general-purpose local government were afforded an opportunity to present oral and written comments on the petition at a duly noticed public hearing conducted by the Board on October 14, 2003; and,

WHEREAS, upon consideration of the record established at that hearing, the Board detennined that the statements within the Petition are true and correct, that the establishment of the District is not inconsistent with any applicable element or portion of  the state  comprehensive plan or the County's comprehensive plan, that the land within the District is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as a functionally interrelated community, that the District is the best alternative available for delivering community development services and facilities to the area that will be served by the District, that the community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities, and that the area that will be served by the District is amenable to separate special­ district governance; and,

WHEREAS, the establishment of the District shall not act to amend any land development approvals governing the land area to be included within the District; and

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WHEREAS, the establishment of the District will constitute a timely, efficient, effective, responsive and economic way to deliver community development services in the area described in the petition; and

WHEREAS, the Board bas determined that the initial members of the District>s Board of Supervisors set forth in Section 5 of this ordinance are residents of the State of Florida and citizens of the United States of America.

Be It Ordained by the Board of County Commissioners of Clay County:

Section 1. Authority.  This ordinance is adopted in compliance with and pursuant to the Uniform Community Development District Act of 1980 codified in Chapter 190, Florida Statutes. Nothing contained herein shall constitute an amendment to any land development approvals for the land area included within the District.

Section 2. District Name. There is hereby created a community development district situated entirely within a portion of the unincorporated area of Clay County) Florida, which shall be kno\lJil as the "Middle Village Community Development District'\ and which shall be referred to in this ordinance as the "District".

Section 3. District External Boundaries. The external boundaries of the District are described  in Appendix  A attached  hereto, said  boundaries  encompassing  994.11  acres1    more or
. less.

Section 4.	District Powers and Functions. The powers and functions of the District
are described in Chapter 190, Florida Statutes. Consent is hereby given to the District's Board of Supervisors to plan, establish, acquire, construct or reconstruct, enlarge or ex.tend, equip, operate, and maintain systems and facilities described and authorized by Section 190.012(2)(a), Florida Statutes.

Section 5.	Board of Supervisors.	The five persons designated to serve as initial members of the District's Board of Supervisors are as follows:

Name:
Address:

Name:
Address:

Name: Address:

Deanna Cope
3020 Hartley Rd. Suite 100
Jacksonville, FL 32257

Elinore C. Cox
3020 Hartley Rd. Suite 100
Jacksonville, FL 32257

Robert A. Cromartie
3020 Hartley Rd. Suite 100
Jacksonville, FL 32257

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8504253415	PAGE.08

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Name:
Address:

Name:
Address:

William P. Griner
11111-70 San Jose Boulevard, Box 276
Jacksonville, FL 32223

Tommy Home
5011 SunbeamRoad
Jacksonvill FL 32257

Section 6.  Severability. If any provision of this ordinance, or the application thereof, is finally determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be deemed to be severable and the remaining provisions shall continue in full force and effect provided that the invalid, illegal or unenforceable provision is not material to the logical and intended interpretation of this ordinance.

Section 7.	Effective Date. This ordinance shall become effective as prescribed by
Florida general law.
DULY ADOPTED by the Board of County Commissioners of Clay County, Florida, this 14th day of October, 2003.

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]	cutifytbld dua t	of
.k	*  pap{s] mid (urtbct identified u	BOARD OF COUNTY COMMISSIONERS
'-	0.;3-- P-1	1 i»	CLAYCOUNTY,FLORlDA

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I trocandoorrffl yof ori&itwmai®liQed
in the custody of ROBHRT M. WILSON u
County Manager and Clerk. of the Board of
CountyCommwi fCJ•yCounty,Florida.	BY·.	,	--£-
this l.£_day of./2J;,v;	' 	() a	_......._--,1 ._-_---"'--="=-""'--'=--w"-=·--- 		_
/J	i::	Lancaster
.  By:J11or#4; ().&r;,. _.DeputyCI	Its Chairman
[Not VaJid without the seal of the Board]

A'ITEST:

County Manager and Clerk of the Board of County Commissioners

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Appendix A
[District's External Boundaries]

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June 30, 2003	Work Order No.03-151
Oakleaf Plantation

Middle Village CDD

A portion of Sections 1 and 12, Township 4 South, Range 24 East, together with a portion of Sections 6, 7 and 8, Township 4 South, Range 25 East, all lying in Clay County, Florida, being more particularly described as follows:

For a Point of Beginning, commence at the comer common to said Sections 7 and 8, and Sections 17 and 18, said Township 4 South, Range 25 East, thence South 87° 38' 56" West, along the Southerly line of said Section 7, a distance of 4007.20 feet; thence North, departing said Southerly line, 619.14 feet to the point of curvature of a curve concave Southeasterly, having a radius of 1050.00 feet; thence Northeasterly, along the arc of said curve, through a central angle of 34° 31' 56", an arc length of 632.84 feet to the point of
tangency of said curve, said arc being subtended by a chord bearing and distance of North 17° 15' 58" East, 623.30 feet; thence North 34° 31' 56" East, 585.83 feet; thence North 55° 28' 04" West, 3011.79 feet to the point of curvature of a curve concave Easterly, having a radius of 1300.00 feet; thence Northwesterly and Northeasterly, along the arc of said curve, through a central angle of 91° 59' 17", an arc length of 2087.14 feet to the point of tangency of said curve, said arc being subtended by a chord bearing and distance of North 09° 28' 25" West, 1870.10 feet; thence North 36° 31' 13" East, 751.19 feet to the point of curvature of a CUIYe concave Northwesterly, having a radius of 3150.00 feet; thence Northeasterly, along the arc of said curve, through a central angle of 03° 50' 02'', an arc length of 210.78 feet to a point on said curve, said arc being subtended by a chord
bearing and distance of North 34° 36' 12" East, 210.74 feet; thence West, 407.69 feet; thence North 13° 00' oo• East, 1109.27 feet; thence East, 799.07 feet to a point on a curve concave Northwesterly, having a radius of 3350.00 feet; thence Northeasterly, along the arc of said curve, through  a  central  angle of  04° 16'  35",  an arc length of
250.04 feet to the point of tangency of said curve, said arc being subtended by a chord bearing and distance of North 08° 31' 56" East, 249.98 feet; thence North 06° 23' 39" East, 691.66 feet to the point of curvature of a curve concave Southeasterly, having a radius of 1150.00 feet; thence Northeasterly, along the arc of said curve, through a central angle of 34° 54' 44", an arc length of 700.73 feet to the point of tangency of said curve, said arc being  subtended  by a chord bearing and distance of North  23° 51'  01" East,
689.94 feet;  thence North 41° 18'  23" East, 691.30  feet to the point  of curvature of a
curve concave Northwesterly, having a radius of 1100.00 feet thence Northeasterly, along the arc of said  curve, through  a  central  angle of  33° 51'  36",  an arc length of
650.07 feet to a point on said curve, said arc being subtended by a chord bearing and distance of North 24° 22' 34" East, 640.65 feet; thence South 88° 51' 26" East, 1495.98 feet; thence South 01° 57' 42" West, 462.15 feet; thence South 28° 41' 03" West, 808.17 feet; thence South 68° 23' 49" East, 241.18 feet; thence South 15° 00' 00" East, 438.70

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feet; thence South 89° 53' 40" East1   814.84 feet; thence North 61° 45, 47" East, 616.73 feet to a point lying on the Westerly Limited Access right of way line of Branan Field / Chaffee Road, a 400 foot Limited Access right of way per Florida Department of Transportation Right of Way Map, Section 71293-2501, dated August 30, 1999; thence
South 27° 09' 36" East, along said Westerly Limited Access right of way line, 1236.25 feet to the point of curvature of a curve concave Southwesterly, having a radius of 5529.58 feet; thence Southeasterly, continuing along said Westerly Limited Access right of way line and along the arc of said curve, through a central angle of 14° 441   59'\ an arc length of 1423.47 feet to a point on said cmve, said arc being subtended by a chord bearing and distance of South 19° 4T 07'' East, 1419.55 feet; thence South 79° 31' 28" We t, departing said Westerly Limited Access right of way line, 1198.86 feet; thence South 38° 11' 15" East, 508.40 feet to the point of curvature of a curve concave Northeasterly, having a radius of 1150.00 feet; thence Southeasterly, along the arc of said curve, through a central angle of 30° 46' 11", an arc length of 617.59 feet to a point of compound curvature, said arc bemg subtended by a chord bearing and distance of South 53° 34 20" East, 610.19 feet; thence Southeasterly, along the arc of a curve concave Northeasterly, having a radius of 500.00 feet, through a central angle of 19° 35' 20", an arc length of 170.94 feet to a point of reverse curvature, said arc being subtended by a chord bearing and distance of South 78° 45' 05" East, 170.11 feet; thence Southeasterly, along the aro of a curve concave Southerly, having a radius of 2000.00 feet, through a central angle of 04° 00' 19", an arc length of 139.81 feet to a point ofreverse curvature, said  arc being subtended  by a chord  bearing and  distance of South  86° 32' 36" East,
139.78 feet; thence Southeasterly, along the arc of a curve concave Northerly, having a radius of 1120.00 feet, through a central angle of 09° 56' 09", an aro length of 194.22 feet to a point lyjng on a curve concave Westerly1   having a radius of 5529.S8 feet, said point also being a point lying on said Westerly Limited Access right of way line of Branan Field / Chaffee Road, said arc being subtended by a chord bearing and distance of South 89° 30' 31" East, 193.98 feet; thence along said Westerly Limited Access right of way
line the following four (4) courses: Course 1 ~ Southeasterly, along the arc of said curve,
through a central angle of 01° 32' 42", an arc length of 149.11 feet to the point of tangency of said curve, said arc being subtended by a chord bearing and distance of South 00° 56' 22" East, 149.11 feet; Course 2 ~ South 00° 10' 01,> East, 1232.35 feet; Course 3
~ South 89° 49' 59" West, 21.05 feet to a point lying on the Easterly line of said Section 7; Course 4 ~ South 00° 10' 01" East, along said Easterly line, 3347.58 feet to the Point of Beginning.

Containing 994.11 acres, more or less.

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