ORDINANCE# 2017-57

An Ordinance of the Board of County Commissioners of Osceola County, Florida, establishing the Tohoqua Community Development District, containing approximately 783.96 acres, Pursuant to Chapter 190, Florida Statutes; Naming the District; Describing the External Boundaries of the District; Describing the Functions and Powers of the District; Designating Five Persons to Serve as the initial Members of the District's Board of Supervisors; Providing for Severability; Providing for Conflict; and Providing an Effective Date.

RECITALS

WHEREAS, Neptune Road Investments, LLC ("Petitioner"), having obtained written consent to the establishment of the District by the owners of l 00 percent (100%) of the real property to be included in the District, has filed a Petition to Establish the Tohoqua Community Development District (the "Petition") with the Osceola County Board of County Commissioners (the "County") pursuant to Section 190.005 (2)(a), Florida Statutes, to adopt an ordinance establishing the Tohoqua Community Development District (the "District") pursuant to Chapter 190, Florida Statutes; and

WHEREAS, the Petitioner is a Florida Limited Liability Company, authorized to conduct business in the State of Florida; 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 County, pursuant to Section l 90.005(2)(b), Florida Statutes; and

WHEREAS, upon consideration of the record established at that hearing, the Board of County Commissioners of Osceola County, Florida has considered the record of the public hearing and the statutory factors set forth in Section l 90.005(2)(b) & (c), Florida Statutes, in making its determination to grant or deny the Petition; and

WHEREAS, the Board of County Commissioners of Osceola County has determined pursuant to the information contained within the Petition and based on an investigation conducted by the County Staff and otherwise being fully advised as to the facts and circumstances contained within the request of the District: 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 Osceola County Comprehensive Plan; that the land within the District is of sufficient size, is sufficiently compact and 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 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 to be served by the District is amenable to separate special-district governance; and

WHEREAS, pursuant to the information as stated above, the Board of County Commissioners of Osceola County, Florida has decided to grant the District's Petition to establish the Tohoqua Community Development District ; and

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

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OSCEOLA COUNTY, FLORIDA:

SECTION 1.	RECITALS.

The above Recitals are adopted as Findings of Fact in support of this Ordinance.

SECTION 2.	AUTHORITY.

This ordinance is enacted in compliance with and pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes.

SECTION 3.	DISTRICT NAME.

There is hereby established a Community Development District situated entirely within the unincorporated limits of Osceola County, Florida, which District shall be known as the "Tohoqua Community Development District."

SECTION 4.	EXTERNAL BOUNDARIES OF THE DISTRICT.

The external boundaries of the District are described in Exhibit A attached hereto and incorporated by reference, the overall boundaries containing 783.96 acres, more or less. There are no parcels within the external boundaries of the District that are to be excluded from the District.

SECTION 5.	FUNCTIONS AND POWERS.

The District shall exercise the general powers provided for in Section 190.011, all special powers authorized in Section 190.012( I), and those certain special powers consented to by the County which include Sections 190.012 (2)(a) & (d), Florida Statutes, as well as Section 190.0 I 2(2)(t), Florida Statutes.

SECTION 6.	BOARD OF SUPERVISORS.

The five persons designated to serve as initial members of the District's Board of Supervisors are as follows: Andre M. Vidrine, Marcus P. Hooker, Walt Beeman, Keith Trace and James M. Dowd. All of the above-listed persons are residents of the State of Florida and citizens of the United States of America.

SECTION 7.	SEVERABILITY.

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

SECTIONS.	CONFLICT.

Any ordinance or part thereof, or any resolution, or part thereof, which ts m conflict with this ordinance or part hereof is hereby repealed to the extent of the conflict.

SECTION 9.	EFFECTIVE DATE.

The Clerk shall file a certified copy of this Ordinance with the Department of State within ten days of its adoption. This Ordinance shall take effect immediately upon its filing with the Department of State.

ATTEST:

OSCEOLA COUNTY CLERK OF THE BOARD

~() _ b~
G-let-k/Deputy Clerk of the Board

As authorized for execution at the Board

of County Commissioners meeting of:

Q,u ~ l '-fI d)...0 17

Exhibit A

Legal Description of District Boundaries

A portion of Sections 5 and 6, Township 26 South, Range 30 East, Osceola County, Florida, being more particularly described as follows:

BEGfN at the northeast comer of said Section 6; thence run S 00°04'08" W, along the east line thereof, a distance of97.87 feet to a point on the northwesterly extension of the southerly line of Block 2, TOLIGA MANOR - UNIT C, according to the plat thereof, as recorded in Plat Book I, Page 193, Public Records of Osceola County, Florida; thence run S 60°36'3 I" E, along said northwesterly extension, a distance of 241.93 feet to a point on the easterly right-of-way line of Coolidge Street; thence run S 29°18'33" W, along said easterly right-of-way line, a distance of 20.00 feet to a point on the centerline of Sunnyside Avenue; thence run S 60°36'31" E, along said centerline, a distance of 350.00 feet to a point on the southerly extension of the easterly line of that unnamed 30.00 foot wide right-of-way, as shown and described on Osceola County Right of Way Map of Neptune Road, Partin Settlement Road Pt Station 30+26.07 to U.S. 192 Pt Station

240+34.44, dated 09-26-08; thence run S 29°18'33" W, along said southerly extension, a distance of 20.00 feet to a point on the southerly right-of-way line of the aforesaid Sunnyside A venue; thence run S 60°36'31" E, along said southerly right-of-way line, a distance of 200.00 feet to the northwest corner of Block 17, Lot I 2; thence run S

29° 18'33" W, a distance of 540.00 feet to the northwest comer of Block 32, Lot 12; thence run S 60°36'31" E, a distance of 250.00 feet to the northwest comer of Block 32, Lot 17; thence run S 29° 18'33" W, a distance of 115.00 feet to the southwest comer of Block 32, Lot 17; thence run S 60°36'31" E, a distance of 210.00 feet to the southeast comer of Block 31, Lot I; thence run N 29°18'33" a distance of 155.00 feet to the southeast comer of Block 22, Lot 36; thence run N 60°36'31" W, a distance of 50.00 feet to the southwest comer of Block 22, Lot 36; thence run N 29° 18'33" E, along the easterly right-of-way line of Broadway Street, a distance of 540.00 feet to the southwest comer of Block 4, Lot 15; thence, departing said easterly right-of-way line, run S 60°36'33" E, a distance of I 00.00 feet to the southeast corner of Block 4, Lot 14; thence run N 29° 18'33" E, a distance of I 05.00 feet to the northeast corner of Block 4, Lot 14; thence run S 60°36'33" E, a distance of 100.00 feet to a point on the northeast corner of Block 4, Lot 12; thence run N 29° l 8'33" E, a distance of 244.41 feet to a point on the southerly right-of-way line of Neptune Road, as described and recorded on the aforesaid Osceola County Right of Way Map of Neptune Road; thence run S 60°29'1 I" E, along said southerly right-of-way line, distance of 1,400.00 feet to a point on the northerly extension of the easterly line of Block 6, Lot 26, TOLIGA MANOR - UNIT B, according to the plat thereof, as recorded in Plat Book I, Page 139, Public Records of Osceola County, Florida; thence run S 29°18'33" W, along said easterly line and the northerly and southerly extensions thereof, a distance of 886.50 feet to the southwest corner of Block 23, Lot 23; thence run S 60°36'31" E, a distance of 250.00 feet to the southeast comer of Block 23, Lot 13; said corner being a point on the westerly right-of-way line of Sheridan Road; thence run N 29° 18'33" E, along said westerly right-of-way line, a distance of

854.13 feet to a point on the southerly right-of-way line of Florida's Turnpike per Florida State Turnpike Authority Right-of-Way Map Station 4443+03.50 to 4565+45.63; thence along said right-of-way line the following two (2) courses and distances; run S 52°49'37" E, a distance of 216.15 feet; thence S 60°36'44" E, a distance of 495.96 feet to a point on

the westerly right-of-way line	of Florida's Turnpike, as described and recorded in						
Official Records Book 105, Page 344, Public Records	of Osceola County, Florida; thence		
run S 15°32'59	11	E, a distance of 1805. 72 feet to a point on the westerly top of	bank	of			
							
Canal C-31 (St. Cloud Canal); as described and recorded in Official Records Book 9,				
Page 343, and Official Records Book 9, Page 341, Public Records of Osceola County,			
Florida; thence southwesterly, along said top	of bank, the following five (5) courses and			
distances: run S 25°31'53	11	W,	a distance of334.68	feet; thence run S 23°34'04	11	W,	a				
distance			of 865.57 feet; thence run S 23°50'38	11		W,	a distance	of	794.97 feet; thence run S		
24°51 '50	11	W, a distance	of	1331.58 feet; thence run S 23°26'55"	W, a distance	of	1189.73		
									
feet to a point on the northerly line	of those lands as described and recorded in Official			
Records Book 4060, Page 2811, Public Records Of Osceola County, Florida; thence				
northwesterly, along said northerly line, the following courses and distances: run N					
62°20'43		11	W, a distance	of	256.34 feet; thence run	S 31 °11 '37	11	W, a distance of 158.29			
											
feet; thence run N 65°43'23	11	W,	a distance of	914.70 feet; thence run N 06°23'45	11	W, a			
distance		of 351.42 feet; thence run N 45° 19'08	11	W, a distance	of 440.97 feet; thence run			
N 59°00'10" W,	a distance of 1,405.01 feet; thence run S 31 °50'10" W, a distance	of				
243.26 feet; thence run N 74°16'13	11	W, a distance	of 532.22 feet; thence run N 53°06'08	11		
W, a distance of	1,460.89 feet; thence run N 73°37'49	11	W, a distance of 231.95 feet to a			
point on the easterly right-of-way line of Macy Island Road, as described and recorded in		
Road Map Book I, Page 82, Public Records	of	Osceola County, Florida; thence								
northerly, along said easterly right-of-way line, the following seven (7) courses and	a				
distances: run N 35°31 '35	11	E, a distance of 515.08	feet; thence run N 06°05'2 l	II	W,					
distance	of 34.53 feet; thence run N 15°46'35	11		W, a distance of23.72 feet; thence run N			
22°50'05		11	W, a distance	of	445. l O	feet to a point of curvature	of	a curve, concave						
															
easterly, having a radius	of	465.00 feet and a central angle of 20°07'42	;   thence run					
																												11									
northerly, along the arc of said curve, a distance of	16336 feet to the point of tangency			
thereof; thence run N 02°42'23	11	W,		a distance	of 1491.08 feet; thence run N 02°49'5 l	11			
W, a distance of	1683.85 feet to	a point on the westerly extension of the south line	of	the			
North 710 feet of Block 25, Lots 6, 7 and 8, THE FLORIDA DRAINED LAND								
COMPANY'S SUBDIVISION NO. I, according to the plat thereof, as recorded	in Plat			
Book "B", Pages 65 and 66, Public Records	of Osceola County, Florida; thence run S				
89°45'36		11	E, along said south line and the westerly extension thereof, a distance	of					
1,096.16 feet to a point on the west line of Block 25, Lot 5; thence run N 00°05'18	11	E,			
along said west line, a distance of 730.00 feet to a point on the north line of the Northeast		
114 of said Section 6; thence run S 89°45'36	11	E, along said north line, a distance of					
1,650.82 feet to the POINT OF BEGINNING.																				

LESS AND EXCEPT THE FOLLOWING:

Block 28, Lot 23, and Block 73, Lot 25, TOLIGA MANOR - UNIT A, according to the plat thereof, as recorded in Plat Book 1, Page 129; Block 6, Lot 10, and Block 15, Lots 2, 35 and 36, and Block 29, Lots 25 and 26, TOLIGA MANOR - UNIT B, according to the plat thereof, as recorded in Plat Book I, Page 139; Block 31, Lot 3, TOLIGA MANOR - UNIT C, according to the plat thereof, as recorded in Plat Book 1, Page 193, all being of the Public Records of Osceola County, Florida.

1,

Containing a total

of

783.96 acres, more or less.