ORDINANCE NO. 2005-

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF CLAY COUNTY, FLORIDA, AMENDING CLAY COUNTY ORDINANCE 2003-88 AND AMENDING THE BOUNDARIES OF THE MIDDLE VILLAGE COMMUNITY DEVELOPMENT DISTRICT, PURSUANT TO CHAPTER 190, FLORIDA STATUTES (2004); PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

Recitals

WHEREAS, on October 14, 2003, the Board of County Commissioners of Clay County (the "County") established the Middle Village Community Development District (the "District") by enacting Ordinance No. 2003-88 entitled:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF CLAY	COUNTY,	FLORIDA,		ESTABLISHING		A	COMMUNITY DEVELOPMENT DISTRICT, TO BE KNOWN AS THE MIDDLE VILLAGE COMMUNITY DEVELOPMENT DISTRICT, PURSUANT TO CHAPTER 190, FLORIDA STATUTES (2003); NAMING.THE DISTRICT; DESCRIBING THE EXTERNAL	BOUNDARIES	OF	THE	DISTRICT;	DESCRIBING	THE FUNCTIONS AND POWERS OF THE DISTRICT; DESIGNATING FNE PERSONS TO SERVE AS THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTNE DATE.

' ·	r--)

WHEREAS, the District, having obtained written consent to contract the District by the owners of one-hundred percent (100%) of the real property subject to the boundaryJmendment, petitioned the County to enact an ordinance to amend the boundaries of the Distriqt'. rs t to Chapter 190, Florida Statutes, which will result in a net contraction of approximate igjo9 reqT
and	::xP:>,","'	---1	=a
i:nrii	-	tr==
U)_,,-	\.D

4

""vv'HEREAS,	aii  interested  persons	and affected units of generai-p?- se l ocaj,-
government were afforded an opportunity to present oral and written comments on t		etitf6n   at':J a duly noticed public hearing conducted by the County on October 11, 2005; and	b		l??	'	·
:t>	()7
;....-i	-·
WHEREAS, upon consideration of the record established at that hearing hb C6tnty determined that the statements within the Petition were true and correct, that the amendment of the District's boundaries is not inconsistent with any applicable element or portion of the state comprehensive plan or the local government comprehensive plan, that the land within  the District as amended is of sufficient size, is sufficiently compact, and sufficiently contiguous to be developable as a functionally interrelated community, that the District as amended is the best alternative available for delivering community development services and facilities to the area served by the District, that the services and facilities of the amended District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities, and that the area to be served by the amended District is amenable to separate special-district governance; and

1

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

·wHEREAS, amendment of the District's boundaries shall not act to amend any land development approvals governing the land area to be included within the District.

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 (2004). Nothing contained herein shall constitute an amendment to any land
development approvals for the land area included within the District as amended.

Section 2. Amendment; External Boundaries of the District.  Clay County Ordinance No. 2003-88 is hereby amended to reflect the external boundaries of the District as described in Exhibit A attached hereto, with the overall District now containing 994.02 acres, more or less.

Section 3.	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 4. 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 11th day of October, 2005.

BOARD OF COUNTY COMMISSIONERS CLAY COUNTY, FLORIDA

'_L/

ATTEST:

Richard J. 0' onnell, Acting County Manager and Clerk of the
Board of County Commissioners

I hereby certify that thb document consisting of
__z 	page[s]   and   further   identified   as
[	-	:£.L. 	] is
a true and correct copy of the original nrninta}ned in   the custody  of	ot	as Connty  Manager  and  U,;rk  of   the  Board of
County Commissioners of Clay County, Florida,
this ....L.Z_day of_	. ,  s	.
By:	,Deputy Clerk
2	[Not Valid without the seal of the Board]

Appendix A
[District's External Boundaries]

•·····-

o w•,.•••.---• • •

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, con1mence at the corner common to said Sections 7 and 8, and Sections 17 and 18, said Township 4 South, Range 2.5 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 1050.0o' 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 1-7° 15' 58" East, 623.30 feet; thence North 34° 31' 56" East, 585.83 feet; the ce 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
saiq curve, through a central angle of 91° 59'  lT', 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

chord..

of North 09° 28' ·25" West, 1870.10 feet; thence North 36° 31' 13" Ea.st, 751.19 feet to the point of curvature of a curve 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",
"filf'til'C""ic1Igtlrof·Z-1-u;,8·fcencnr pomron·sard curve, sruaare··oemg""irubleiiacirliy·a:-
bearing and distance of North 34° 36' 12" East, 210.74 feet; thence West, 407·.69 feet; thence North 13° 00' 00" East, 110927 feet; thence East, 799.07 feet to  a point  on  a curve   concave  Northwesterly,  having  a  radius  of  3350.00  feet;  thenc  Northeasterly,
.:.lvug  ilic  w.--C  .:;f said cwv·c, th.ruugn a cemrai  angle of 04'" i6'	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

--·- .....an gle...of.3A.0    54'  44",  an-arc length of 700.73 feet-to  the point  of  tangency of sw.d 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, 69,1.30 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  fo 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

feet; thence South 89° 53' 40" East, 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° 44' 59",  an arc
length of 1423.47 fe!!t to a point on said curve, said arc being subtended by a chord bearing and distance of South 19° 47' 07'' East, 1419.55 feet; thence South 79° 31' 28" West, 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 being subtended  by a chord bearing and di'stance 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'  OS''East, 170.11 feet; thence Southeasterly,
along the arc 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 of reverse curvature, said  arc being  subtended  by a  chord  bearing  and  distance  of South  86°  32'  36". East,

arc

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 arc length of 194.22 feet to a point lying on a curve concave Westerly, having a radius of 5529.58 feet, said point also being a point lying CJn said Westerly Limited Access right of way line .of Branan Field / Chaffee Road·, said       being subtended  by a chord bearing and distance of South
..89°...31r...3-1''£cMt..J.9.3,.9.8..Je.e.t;..1henc.e..along_ said,.:We. lyLimi_tt;_q_A_g:; :i..ughtQ[W Y .. line the following four (4) courses: Course 1 ~ Southeasterly, along the arc of said curve, tl;lrough 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 fee  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.    	
·-·-·--··-·---·.. ,.

-----------·" ···•·-"•"·"" ,., .

IN ADDI1JONiTO:

,.••·

•

-

,

A portion of Section 7, Township 4 South, Range 25 East, Clay County, Florida, also being a portion of those lands described and recorded in Official Records  Book 1450, page 1590 of the Public Records of said county, being more particularly described as follows:

For a Point of Reference, commence at the Southeasterly corner of said Section 7; thence South 87° 38' 56" West, along the Southerly line of said Section 7, a distance of 4007.21 feet to the Point of Beginning. ·

From said Point of Beginning, thence continue South 87° 38' 56" West, along said Southerly  line  of  Section  7, a distance  of  724 25 feet; thence  North  24°  54' 32" West,
departing  said  Southerly  line,  43.49  feet;  thence  North  06°  16'   48" East,  67.63 feet;
thence  North 37° 17'  41" East, 51.37 feet; thence  North 15° 48'  15" East, 79.65 feet;
thence  North  45° 13'  10" East, 87.32  feet;  thence  North  47°  06'  47" East,  61.84  feet;
thence  North 66° 58'  01" East, 84.10 feet; thence  North  18° 00' 38" East, 32.87 feet;
thence  North 13° 24' 57" East, 51.60 feet; thence North  29° 16'  37" West, 90.15 feet;
thence  South  65° 35'  23" We t, 61.51 feet; thence S01,1th  61° 11'  25" West, 49.37 feet;
,	.. thence  N.octb..73... 2R'.J5'.'...West,..-6'1.12..foet -t!:ience.Ncrt.'1..0$?.AJ  (Jl' . East:;-67h1··-feet; ·
thence  South 73° 48'  07" West, 34.92 feet; thence  South 01° 33' 05" East, 46,70 feet;
thence  North 35° 21'  58" West, 27.18 feet;  thence  North  01° 12'  07" West, 114.55 feet;
thence  North 56° 07'  22" East, 32.35  feet; thence South 44° 13'  57" East, 49.94 feet;
thence North 33° 46' 44" East, 31.90 foP.t; theni::e North 24° 02' 27" E t, 27.CC  fo t;  thence South 88° 55' 45" East, 636.60 feet, to a point on a  curve  concave  Easterly, having a radius of 1050.00 feet; thence Southerly,· along the arc of said curve through a central angle of 00° 33' 06", an arc length of 11.03 feet to the point of tangency of said curve, said arc being subtended by a chord bearing and distance of South  00° 18'  03" East, 11.03 feet; thence Due South, 619.14 feet to the Point of Beginning.

Containing 9.61 acres, more or less.

•.	:-· ....LESS AND EXCEPT:

A portion of Section 7, Township 4 South, Range 25 East, Clay County, Florida, also being a portion of those lands described and recorded in Official Records Book 1450, page 1590 of the Public Records of said county, being more_particularly _described as follows:

•

For a Point of Reference, commence at the Southeasterly comer of said Section 7; thence South 87° 38' 56" West, along the Southerly line of said Section 7, a distance of 4007.21 feet; thence Due North, departing said Southerly line, 619.14 feet to the point  of curvature. of a curve concave Easterly, having a radius of 1050.00 feet; thence Northerly, along the arc of said curve, through a central angle of 00° 36' 06", an arc length of 11.03 feet to a point on.said curve and the Point of Beginning, said arc being subtended by a chord bearing and distance of North 00° 18' 03" West, 11.03 feet.

From said Point of Beginning, thence continue Northerly, along the arc of said curve concave Easterly, having a radius of 1050.00 feet, through a central angle of 33° 55' 51", an arc length of 621.81 feet to the point of tangency of said curve, said arc being
........s.ubtende_dJl.)uu;;hnrd.liearing..a_11d..distance..of--Ncrth-l-7-°.-24'--01:!.' Eru:t,-61-1-;'?t---f-eet1-thence North 34° 31' 56" East, 585.83 feet to a point lying on the Southerly right of way line of Oakleaf Plantation Parkway, a 200 foot  right of  way, as  recorded  in Plat  Book  44,  pages 23 through 32 of the Public Records of said county;  thence South  55° 28'  04" East,  along said Southerly right of way line,  308.89  feet; thence !\011th  ?,3°  42'  39"  We t,  d.ep J;:.g said Southerly right of  way line,  981.60 feet;  thence  North  88° 55'  45"  West, 376.85 feet to  the Point of Beginning.	:

Containing 9.70 acres, more or less.

•

STATE OF FLORIDA DEPARTMENT	OF STATE
Division  of Library and Information Services

I, Glenda E. Hood, Secretary of State of the State of Florida, do hereby certify that the attached is a true and  correct  copy of  Clay County Ordinance No. 2005-48, which was filed in this office October 19, 2005, pursuant to Section 125.66, Florida Statutes, as shown by the records of this office.

Given under my hand and the Great Seal of the State of Florida
at Tallahassee, the Capitol, this the 20th. day of October, A.D., 2005.

Secretary of State