ORDINANCE NO. 93-20
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ORDINANCE NO. 93-20
AN ORDINANCE AMENDING ORDINANCE NO. 89-32 AS AMENDED, BY AMENDING SECTION 1-6.5-32 (BOUNDARIES) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY EXPANDING THE BOUNDARIES WITHIN THE LAKE LUCIE COMMUNITY DEVELOPMENT DISTRICT ESTABLISHED IN THE LEGAL DESCRIPTION AS SET FORTH IN EXHIBIT A, PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND SETTING FORTH THE VOTE ON ADOPTION
Whereas, the Board of County Commissioners of St. Lucie County, Florida has made the following determinations:
- On March 21, 1989, this Board adopted Ordinance No. 89-32 which established the Lake Lucie Community Development District; established boundaries for the District; designated the initial members of the Board of Supervisors of the District and provided for Special Conditions.
- On August 22, 1989, this Board adopted Ordinance 89-46 which amended Ordinance 89-32 by correcting the legal description.
- Pursuant to §§190.005 and 190.046, Fla. Stat. (1991), the Board is authorized to establish and expand community development districts that are less than 1,000 acres in size and located within the unincorporated areas of the county.
- The Board of Supervisors of the District, by and through their the District Counsel, Stephen Navaretta of NAVARETTA & NAVARETTA, P.A., 8000 S. Federal Highway, Suite 302, Port St.
Lucie, FL. 34952, has filed with the Board a Petition for Expansion of the Lake Lucie Community Development District, which contains the requirements stated in §190.046 (1) (a) (e) Fla. Stat.(1991). - Pursuant to §§190.046 (1) (b) Fla. Stat. (1991), the Board has the authority to adopt a Petition for Expansion by an ordinance amendment in the same and usual manner and with the same public notice as other ordinance amendments. The Board held a public hearing on July 27, 1993, after publishing notice of such hearing in The Tribune on July 9, 1993
- The Board has considered the record of the public hearing and the factors set forth §§190.005 (1) (e) and 190. 046, Fla. Stat. (1991), and has found the following:
- (a) All statements contained within the petition are true and correct;
- (b) The expansion of the district is consistent with all applicable elements and portions of the state comprehensive plan and the effective local government comprehensive plan;
- (c) The area of land to be included within the boundaries of the district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community;
- (d) The district is the best alternative available for delivering community development services and facilities to the area that will be served by the district;
- (e) The community development services and facilities of the district will be compatible with the capacity and uses of existing local and regional community development services and facilities; and
- (f)The area that will be served by the district is amenable to separate special-district government.
NOW THERFORE, BE IT ORDAINED, by the Board of County Commissioners of St. Lucia County, Florida:
PART A. ARTICLE III “LAKE LUCIE COMMUNITY DEVELOPMENT DISTRICT” OF CHAPTER 1-6.5-32 “COMMUNITY DEVELOPMENT” OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS AMENDED TO READ:
Section 1-6.5-32. Boundaries.
The boundaries of the Lake Lucia Community Development District are set forth in the legal description contained in the amended attached Exhibit A, attached to Ordinance No. 89-46 93-20.
PART B. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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 AND APPLICABILITY.
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. FILING WITH THE DEPARTMENT OF STATE.
The Clerk 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 E. EFFECTIVE DATE.
This ordinance shall take effect thirty (30) days after formal adoption by the Board of County Commissioners.
PART F. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
- Chairman Judy Culpepper: ABSENT
- Vice Chairman R. Dale Trefelner: AYE
- Commissioner Cliff Barnes: AYE
- Commissioner Havert L. Fenn: AYE
- Commissioner Denny Green: AYE
PART G. 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 re lettered to accomplish such intention; provided, however, that parts B through G shall not be codified.
PASSED AND DULY ENACTED this 27th day of July 1993.
ATTEST: [ILLEGIBLE]
BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA, BY: R.P.T, Vice-Chairman
APPROVED AS TO FORM AND CORRECTNESS: Ael E. Brud, Asst. County Attorney.
“EXHIBIT A”
(AMENDED)
LAKE LUCIE COMMUNITY DEVELOPMENT DISTRICT
Lands in Section 25 and 26, Township 36 South, Range 40 East, St. Lucie County, Florida, consisting of the following seven ( 7) parcel descriptions:
PARCEL 1:
Lots 1 and 2 of Block 3 of Section 26, Township 36 South, Range 40 East, of Subdivision entitled PLAT NO. 1 ST. LUCIE GARDENS; LESS AND EXCEPTING the following two (2) parcels designated Parcel A and Parcel B:
Parcel A: The West 330 feet, less the North 330 feet of Lot 2.
Parcel B: The South 71.30 feet of Lot 2 of Block 3, Section 26, Township 36 South, Range 40 East, of plat entitled St. Lucie Gardens as recorded in Plat Book 1, Page 35 of the Public Records of St. Lucie County, Florida; LESS AND EXCEPT the West 330 feet of Lot 2 and LESS AND EXCEPT all that portion lying Easterly of a line 600 feet Easterly of (as measured perpendicularly to) the Easterly right of way line of U.S. Highway One (said right of way being 200 feet in width).
PARCEL 2:
Lots 1-8, inclusive, of Block 4 of Section 26, Township 36 South, Range 40 East, of Subdivision entitled PLAT NO. 1 ST. LUCIE GARDENS; LESS AND EXCEPTING the following three (3) parcels: Lot 3, less the North 1140 feet thereof; The South 330 feet of the North 645 feet of Lot 3; The North 150 feet of Lot 4.
PARCEL 3:
Lots 5-8, inclusive of Block 3 of Section 25, Township 36 South, Range 40 East, of Subdivision entitled PLAT NO. 1 ST. LUCIE GARDENS; LESS AND EXCEPTING the following two (2) parcels: The East 330 feet, less the North 495 feet of Lot 8; The North 165 feet of the South 330 feet of the East 330 feet of Lot 7.
PARCEL 4:
Commence at the intersection of the North line of Lot 14 of Block 3, Section 26, Township 36 South, Range 40 East, of plat entitled St. Lucie Gardens as recorded in Plat Book 1, Page 35 of the Public Records of St. Lucie County, Florida, and the Easterly right of way line of U.S. Highway No. One (a 200 foot wide right of way); thence run South 89°40’18” East along the North line of Lots 14 and 15 of said Block 3, 678.39 feet to a point of intersection with a line parallel with and 600 feet Easterly of, as measured perpendicularly to, the Easterly right of way line of U.S. Highway One, said point of intersection being the Point of Beginning.
From the Point of Beginning thence run parallel with the Easterly right of way line of U.S. Highway One, South 27°29’17” East, 281.47 feet to a point on a curve concave to the North having a radius of 460.00 feet and being the Northerly right of way line of Savanna Club Boulevard as shown on plat entitled Savanna Club Plat No. One as recorded in Plat Book 24, Pages 7 and 7-A through 7-D, inclusive, of the Public Records of St. Lucie County, Florida; thence with a radial bearing of North 16° 09’42” East, run Easterly along the arc of the aforementioned curve on the Northerly right of way line of Savanna Club Boulevard, through a Central angle of 15°50′ 00”, an arc length of 127.12 feet to a point of reverse curvature with a curve concave to the Southwest having a radius of 615.00 feet; thence continue along the Northerly right of way line of Savanna Club Boulevard along the arc of said curve through a central angle of 4°30’49”, an arc length of 48.45 feet to a point of curvature of a curve concave to the Northeast having a radius of 25.00 feet; thence with a radial
bearing of North 4°50’31” East run Westerly and Northerly along the arc of said curve through a central angle of 90°03’06”, an arc length of 39.29 feet to a point of tangency of the curve; thence run North 4°53’37” East, 242.16 feet to a point on the North line of Lot 9 of Block 4, Section 26, Township 36 South, Range 40 East, of plat entitled St. Lucie Gardens; thence run North 89°40’15” West along the North line of said Lot 9; 210.53 feet to the Northwest corner of said Lot 9; thence run North 89°40’18” West along the North line of Lot 15 of Block 3, Section 26, Township 36 South, Range 40 East, of plat entitled St. Lucie Gardens, 91.05 feet to the Point of Beginning.
PARCEL 5:
Commence at the intersection of the North line of Lot 14 of Block 3, Section 26, Township 36 South, Range 40 East, of plat entitled St. Lucie Gardens as recorded in Plat Book 1, Page 35 of the Public Records of St. Lucie County, Florida, and the Easterly right of way line of U.S. Highway No. One (a 200 foot wide right of way); thence run South 89°40’18” East along the North line of Lots 14 and 15 off said Block 3, 678.37 feet to a point of intersection with a line parallel with and 600 feet Easterly of, as measured perpendicularly to, the Easterly right of way line of U.S. Highway One; thence run parallel with U.S. Highway One, South 27°29’17” East , 43.84 feet to the Point of Beginning.
From the Point of Beginning thence continue South 27°29′ 17” East, 237.63 feet to a point on a curve concave to the North having a radius of 460.00 feet and being the Northerly right of way of Savanna Club Boulevard as shown on plat entitled Savanna Club Plat No. One as recorded in Plat Book 24, Pages 7 and 7-A through 7-D, inclusive, of the Public Records of St. Lucie County, Florida; thence with a radial bearing of North 16°09’42” East, run Westerly along the arc of the aforementioned curve on the Northerly right of way line of Savanna Club Boulevard, through a central angle of 19°13’50”, an arc length of 154.39 feet to a point of reverse curvature with a curve concave to the South having a radius of 456.85 feet; thence run Westerly along the arc of said curve through a central angle of 10°09’37”, an arc length of 81.01 feet to a point on a curve concave to the Northwest having a radius of 25.00 feet; thence with a radial bearing of North 25°13’55” East, run Easterly and Northerly along the arc of said curve through a central angle of 79°50’23”, an arc length of 34.84 feet to a point of tangency of the curve; thence run North 35°23’32” East, 116.55 feet to the Point of Beginning.
PARCEL 6:
Commence at the Southwest corner of Lot 8 of Block 4 of Subdivision entitled PLAT NO. 1 ST. LUCIE . GARDENS as per plat thereof recorded in Plat Book 1 at Page 35 of the Public Records of St. Lucie County, Florida, said Southwest corner of Lot 8 also being the Southwest corner of the Northwest quarter of the Southeast quartet of Section 26, Township 36 South, Range 40 East; thence run North 89°54’24” East along the South line of said Block 4 (being the south line of the North one-half of the Southeast quarter) a distance of 1145.43 feet to the Point of Beginning.
From the Point of Beginning continue North 89°54’24” East along the South line of said Block 4 a distance of 1038.31 feet to a point of intersection with a curve; thence with a radial bearing of North 33°39’02” West run southerly and westerly along the arc of a curve concave to the Northwest having a radius of 300.00 feet and a central angle of 33°33’26” an arc distance of 175.71 feet to a point of tangency; thence run North 89°54’24” West a distance of 365.30 feet to a point of curvature; thence run along the arc of a curve concave to the North having a radius of 325.00 feet and a central angle of 4°23’37” an arc distance of 24.92 feet to a point of tangency; thence run North 85°41’59” West a distance of 333.09 feet to a point of curvature; thence run along the arc of a curve concave to the North having a radius of 350.00 feet and a central angle of 11°24’22” an arc distance of 69.68 feet to a point of reverse curvature; thence run along the arc of a curve concave to the South having a radius of 300.00 feet and a central angle of 15°47’48” an arc distance of 82.73
feet to the Point of Beginning.
PARCEL 7:
All those lands encompassed by the plat entitled St. Lucie Business Park as recorded in Plat Book 28 at Pages 9 and 9A of the Public Records of St. Lucie County, Florida.