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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2012-008Temp. Ord. 42246 March 13, 2012 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2012-() �? AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA ESTABLISHING THE SABAL PALM COMMUNITY DEVELOPMENT DISTRICT; MAKING CERTAIN FINDINGS REGARDING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING FIVE PERSONS DESIGNATED TO BE THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, SPL Holdings, LLC, and SPL South Holdings, LLC ("SPL"), petitioned the City Commission of the City of Tamarac, Florida, to enact an ordinance establishing the Sabal Palm Community Development District (the "District"), pursuant to Chapter 190, Florida Statutes; and WHEREAS, the establishment of the District is not inconsistent with any applicable element or portion of the state or local government comprehensive plan; and WHEREAS, the land within the District is of sufficient size, is sufficiently compact, and sufficiently contiguous to be developable as a functionally interrelated community; and WHEREAS, the City Commission of the City of Tamarac finds that the District is the best method available to deliver community development services and facilities to the area 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 governance by the District; and WHEREAS, the City Commission of the City of Tamarac deems the establishment of the District to constitute a timely, efficient and effective way to deliver community development services to the area described, and therefore, to be in the best interests of the citizens and residents of the City. {CODING: Words in stFike t#r8ugh type are deletions from existing law; Words in underlined type are additions. SSG:JGH:SRW C:\Documents and Settings\tinawh\Local Settings\Temporary Internet Files\Content.Outlook\NNHM5EP3\00008966.doc Temp. Ord. #2246 March 13, 2012 Page 2 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION l: AUTHORITY FOR THIS ORDINANCE. The City of Tamarac, Florida (the "City"), is authorized to adopt this ordinance under the authority granted by the provisions of Chapters 166 and 190, Florida Statutes, as amended, and other applicable provisions of law. SECTION 2: FINDINGS. It is hereby found and determined that: A. SPL owns property located wholly within the boundaries of the City. B. In December, 2011, SPL submitted to the City a petition (the "Petition") seeking the establishment of a community development district for the Property, more particularly described in Composite Exhibit "A" attached hereto (the "Property"), within the meaning of the Uniform Community Development Act of 1980, Chapter 190, Florida Statutes (the "Act"), as a reasonable and appropriate method of providing the infrastructure to serve residents of the Property. The District would be known as the "Sabal Palm Community Development District", and the boundaries of the District would be coterminous with the boundaries of the Property. C. The City has conducted a public hearing on the Petition in accordance with the requirements of Section 190.005(1)(d) of the Florida Statutes and has considered the record of the public hearing and the factors set forth in Section 190.005(1)(e) of the Florida Statutes, among other factors, and hereby finds that: 1. All statements in the Petition have been found to be true and correct; 2. The creation of the District is not inconsistent with any applicable elements or portion of the State of Florida's comprehensive plan or of the effective City comprehensive plan; 3. 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; 4. The establishment and operation of the proposed District is the best alternative available for delivering community development services and facilities to the area that will be served by the District; 5. 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 6. The Property to comprise the District is amenable to separate special -district government. {CODING: Words in strike thtype are deletions from existing law; Words in underlined type are additions. SSG:JGH:SRW C:\Documents and Settings\tinawh\Local Settings\Temporary Internet Files\Content.Outlook\NNHM5EP3\00008966.doc Temp. Ord. #2246 March 13, 2012 Page 3 D. The City now desires to grant the Petition and to establish the District, as more fully set forth herein. SECTION 3. ESTABLISHMENT OF DISTRICT; NAME. The City hereby grants the Petition and establishes the District as a community development district within the meaning of the Act and as an independent special district within the meaning of Chapter 189, Florida Statutes. The name of the District shall be the "Sabal Palm Community Development District." SECTION 4. EXTERNAL BOUNDARIES. The external boundaries of the District shall be as set forth in Exhibit "B" attached hereto, which is attached hereto and incorporated herein by reference. SECTION 5. INITIAL MEMBERS OF BOARD OF SUPERVISORS. The five (5) persons to be the initial members of the Board of Supervisors of the District, each of whom is designated in the Petition, are as follows: 1. Donald David Deka, Jr. 16458 132nd Terrace N. Jupiter, Florida 33478 2. Jose R. Milan 2820 S.W. 142nd Ave. Miami, Florida 33175 3. Charles B. Morris, III 1200 West Avenue, Apt. 1416 Miami Beach, Florida 33139 4. Marvin J. Abarca, P.E. 8010 N.W. 186d' Terrace Miami, Florida 33015 5. Shellaine Ramkishun 6850 S.W/ 132nd Street Pinecrest, Florida 33156 SECTION 6. CONSENT TO EXERCISE OF SPECIAL POWERS. In addition to the general and special powers which the District is authorized to exercise pursuant to sections 190.011 and 190.012(1), Florida Statutes, the City hereby consents to the exercise by the District of the special powers set forth in subsections (a) and (d) of section 190.012(2), Florida Statutes, which authorize the District to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for the following: (a) Parks and facilities for indoor and outdoor recreational, cultural, and educational uses; {CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. SSG:JGH:SRW C:\Documents and Settings\tinawh\Local Settings\Temporary Internet Files\Content.Outlook\NNHM5EP3\00008966.doc Temp. Ord. #2246 March 13, 2012 Page 4 (d) 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 government agencies for an increased level of such services within the district boundaries. SECTION 7. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. SECTION 8. If any clause, section or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and so not effecting the validity of the remaining portions or applications remaining in full force and effect. SECTION 9. This Ordinance shall become effective immediately upon its passage and adoption. {CODING: Words in s+F�ik ,„e through type are deletions from existing law; Words in underlined type are additions. SSG:JGH:SRW C:\Documents and Settings\tinawh\Local Settings\Temporary Internet Files\Content.Outlook\NNHM5EP3\00008966.doc Temp. Ord. #2246 March 13, 2012 Page 5 PASSED ON FIRST READING BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THISZ DAY OF 92012. PASSED AND ADOPTED ON SECOND AND FINAL READING BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY OF 2012. a BY:� AT , T• MAYOR BETA TALAB O CORD OF COMMISSION VOTE: First Reading PETER RIC SON, CITY CLERK' G* I MAYOR TALABISCO DIST 1: COMM. BUSHNELL, DIST 2: COMM. GOMEZ DIST 3: V/M GLASSER DIST 4: COMM. DRESSLER i I HEREBY CERTIFY that I have approved this ORDINANCE as to form: UEL S.. OREN CIT 'ATTO RNEY RECORD OF COMMISSION VOTE: Second Reading MAYOR TALABISCO 41 " 1� DIST 1: COMM. BUSHNELL 7 °'' DIST 2: COMM. GOMEZ t . i% DIST 3: V/M GLASSER DIST 4: COMM. DRESSLER {CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. SSG:JGH:SRW C:\Documents and Settings\tinawh\Local Settings\Temporary Internet Files\Content.Outlook\NNHM5EP3\00008966.doc Temp. Ord. #2246 March 13, 2012 Page 6 COMPOSITE EXHIBIT "A" DESCRIPTION OF PROPERTY {CODING: Words in Wike thpough type are deletions from existing law; Words in underlined type are additions. SSG:JGH:SRW C:\Documents and Settings\tinawh\Local Settings\Temporary Internet Files\Content.Outlook\NNHM5EP3\00008966.doc DESCRIPTION LEGAL DESCRIPTION.' A PORTION OF S484L PALM BY PRES77GE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 176 PAGES 71 THROUGH 87, OF TH£ PUBLIC RECORDS OF BROWARO COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A POR7701V OF TRACTS 13, 14 AND 15 OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AND A PORTION OF 7R4CT 3 OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 FAST, FORT LAUDERDALE TRUCK FARMS SUBDIVISION', ACCORDING TO THE PLAT 7HER£OF, AS RECORDED IN PLAT BOOK 4, PACE 31, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORID BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMCNCING AT THE SOUTHWEST CORNER OF SAID SECTION 12- THENCE NORTH 00'f.i'45" WEST, ALONG THE WEST LINE OF SAID SEC77ON 12, A DISTANCE OF 60.01 FEET,• THENCE SOUTH 8909 25' EAST, A DISTANCE OF 87.36 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 44'41 J5' WEST, A DISTANCE OF 49.03 FEET; THENCE NORTH 00'1345' WEST, ALONG A LINE 5J.00 FEET EAST OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID SEC77ON 12, A DISTANCE OF 1,220.65 FEET, TO A POINT 5.00 FEET SOUTH OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID TRACT 13,• THENCE SOUTH 89'09 25' EAST, ALONG A LINE 5.00 FEET SOUTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO 7HE NORTH LINE OF SAID TRACTS 1J., 14 AND 15 A DISTANCE OF 3,908.21 FEET, TO THE EAST UNE OF SAID 1RACT.15,• THENCE SOUTH 00'1255' EAST ALONG 7HE EAST LINE OF SAID TRACT 15, A DISTANCE OF J81.98 FEET,' THENCE SOUTH 44'01'43' WEST, A DISTANCE OF 19750 FEET' THENCE SOUTH 7727'33' WEST, A DISTANCE OF 174.15 FEET,• THENCE NORTH 78'34 08' WEST, A DISTANCE OF J69.90 FEET; THENCE SOUTH 5255'08' WEST, A DISTANCE OF 276.97 FEEET,• THENCE SOU7H 27'01 40' WEST A DISTANCE OF 358.82 FEET,• THENCE SOUTH 39'57'13' WEST, A DISTANCE OF 664.60 FEET THENCE NORTH 475228" WEST, A DISTANCE OF 4,136 FEET THENCE SOUTH 4154'19' WEST, A DISTANCE OF 15.00 FEET TO AN INTERSECTION WITH THE ARC OF A CIRCULAR CURVE TO THE LEFT WHOSE RADIUS POINT BEARS SOUTH 41'54'19' WEST FROM THE LAST DESCRIBED POINT• THENCE NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 1,014.9J FEET A CENTRAL ANGLE OF 41'03'44'AND AN ARC LENGTH OF 727.J7 FEET, TO THE PO/NT OF TANGENCY' THENCE NORTH 89'0925' WEST, A DISTANCE OF 9.75 FEET,• THENCE NORTH 00'50J5' EAST A DISTANCE OF 60JO0 FFEF,- THENCE NORTH 89'0925' WEST, A DISTANCE OF 90.00 FEET,]HENCE NORTH 00'5035' EAST A DISTANCE OF 191.77 FEET;- THENCE SOUTH 89'0925' EAST, A DISTANCE OF 35300 FEET, THENCE SOUTH 00'5035' WEST, A DISTANCE OF 323.00 FEET, TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT- THENCE SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 310.00 FEET, A CENTRAL ANGLE OF 60'00 DO' AND AN ARC LENG7H OF 324.63 FEET, TO THE POINT OF TANGENCY,' 7HENCE SOUTH 59*0925' EAST A DISTANCE OF 293.00 FEET TD THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT THENCE SOUTHEASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 135.00 FEET, A CENTRAL ANGLE OF 11625'13' AND AN ARC LENGTH OF 274.35 FEET TO THE Paw OF REVERSE CURVATURE OF A CIRCULAR CURVE TO TH£ RIGHT, THENCE NORTHERLY AND EASTERLY ALONG 7HE ARC OF SAID CURVE HAVING A RADIUS OF 720.00 FEET A CENTRAL ANGLE OF 4J'JJ 39' AND AN ARC LENGTH OF 547.40 FEET, TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE LEFT THENCE EASTERLY AND NORTHERLY ALONG THE ARC OF 541D CURVE HAVING A RADIUS 120.00 FEET A CENTRAL ANGLE OF Jl'4155' AND AN ARC LENGTH OF 121.71 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO rHE LEFT, WHOSE RADIUS POINT BEARS NORTH 19'16'00" EAST FROM THE LAST DESCRIBED POINT • THENCE EASTERLY, NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 120,00 FEET, A CENTRAL ANGLE OF 198'2525' AND AN ARC LENGTH OF 415.58 FEET TO THE POINT OF TANGENCY! THENCE NORTH 89'09 25" WEST ALONG A LINE 275.00 FEET SOUTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID TRACTS 13, 14 AND 15, A DISTANCE OF 2,210.00 FEET TO 7HE POINT OF CURVATURE OF A CIRCULAR CURVE T7 THE LEFT,' THENCE WESTERLY, SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 120.00 FEET, A CENTRAL ANGLE OF 234'185J- AND AN ARC LENGTH OF 490.75 FEET- THENCE SOUTH 89'09 25" EAST, A DISTANCE OF 775.5J FEET • THENCE SOUTH 00'50 35' WEST A DISTANCE OF 276.77 FEET,• 7HENCE NORTH 89'09 25' WEST, A DISTANCE OF 509.68 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT,' THENCE WESTERLY AND SOUTHERLY ALONG THE ARC OF SAND CURVE HAVING A RADIUS OF 155.00 FEET A C04RAL ANGLE OF 5149 54" AND AN ARC LENGTH 140.22 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 39'0041 ' WEST, A DISTANCE OF 1$2.JJ FEET TO 7H£ POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT,• THENCE WESTEERLY AND SOUTHERLY ALONG THE ARC OF SAND CURVE HAVING A RADIUS OF 155.00 FEET, A CENTRAL ANGLE OF 38'10'06' AND AN ARC LENGTH OF 10326 FEET TO THE POINT OF TANGENCY, ]HENCE SOUTH 0050'35' WEST, A DISTANCE OF 235.3E FEET, THE LAST TWENTY DESCRIBED COURSES BEING COINCIDENT WITH THE BOUN&4RY OF 'THE MAINLANDS OF TAMARAC LAKES 7fh SEC770N' RECORDED /N PLA7 BOOK 68, PAGE 4, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA,' THENCE NORTH 89*0925" WEST, ALONG A LINE 60.00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES 7D THE SOUTH LINE OF SAID SEC770N 12, A DISTANCE OF 762.76 FEET TO THE POINT OF BEGINNING. (CON77NUED) SHEET 1 OF 4 A PORTION OF SABAL PALMB YPRERYGE ERcx , �c. SM�oRSAM� (P.B. 178, PG. 71-87, B.C.R.)Cad WIAl� DESCRIPTION (CONTINUED) LESS AND EXCEPT THEREFROM THE FOLLOWING.• A PORTION OF TRACT 1J OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 41 EAST ACCORDING TO THE PLAT FORT LAUDERDALE TRUCK FARMS SUBDMSION" RECORDED IN PLAT BOOK 4, PAGE 31, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF S41D SECTION 12, THENCE NORTH 00'1J 45' WEST, ALONG THE WEST UN£ OF SAID SECTION 12 A DISTANCE OF 60.01 FEET,• THENCE SOUTH 89.0925" FAST, A D/STANCE OF 87.36 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION, • THENCE NORTH 44'4135' WEST, A DISTANCE OF 49.OJ FEET,• 7HENC£ NORTH 00'1345' WEST, ALONG A LINE 5J.00 FEET EAST OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID S£CTTON 12, A DISTANCE OF 1,220.65 FEET, TO A POINT 5.00 FEET SOUTH OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF TRACT 13 OF SAID SECTION 12, TOWNSHIP 49 SOUTH, RANGE 41 EAST- 7HENCE SOUTH 69'09 25" EAST, ALONG S41D LINE 5.00 FEET SOUTH OF THE NORTH LINE OF S41D TRACT 13, A DISTANCE OF 600.00 f117- THENCE SOUTH 00'1J'45" EAST A DISTANCE OF 334.48 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, WHOSE RADIUS POINT BEARS SOUTH 61 J350" EAST FROM TH£ LAST DESCRIBED POINT,- THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 120.00 FEET, A CENTRAL ANGLE OF 571951" AND AN ARC LENGTH OF 120.07 FEET (THE LAST DESCRIBED CURVE ALSO BEING THE WESTERLY LINE OF 7H£ MAINLANDS AT TAMARAC LAKES 7TH S£C770N", AS RECORDED IN PLAT BOOK 68, PAGE 4, PUBLIC RECORDS OF BROWARD COUNTY, FLORILA), THENCE SOUTH 00'13'45' EAST, A DISTANCE OF 805.39 FEET TO A POINT ON TH£ NORTHERLY RIGHT—OF—WAY LINE OF WEST COMMERCIAL BOULEVARD,- THENCE NORTH 890925" WEST, ALONG SAID NORTHERLY R/GHr OF —WAY LINE OF WEST COMMERCIAL BOULEVARD AND ALONG A LINE 60.00 FEET NORTH OF, AND PARALLEL WI7H AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF SAID SECTION 12, A DISTANCE OF 565.65 FrET TO THE POINT OF BEGINNING. TOGETHER WITH.• A POR77ON OF S46W PALM BY PRES77GE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 176, PAGES 71 THROUGH 87, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORILK BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS A POR77ON"OF TRACTS 4 AND 5 OF FORT LAUDERDALE TRUCK FARMS SUBDMSION" OF SEC77ON 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BROWARD COUNTY, FLORIDA RECORDED IN PLAT BOOK 4, PAGE 3i, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PAR77CULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 13, THENCE SOUTH 89'09 25" EAST, ALONG 7H£ NORTH LINE OF SAID SECTION 13, A DISTANCE OF 375.06 FEFP, THENCE SOUTH 00'13'00" EAST, A DISTANCE OF 67.01 FEET, TU THE POINT OF BEGINNING OF THIS DESCRIPTION,THENCE CON77MUE SOUTH 00'1300" EAST, A DISTANCE OF 1,54552 FEET,' ]HENCE SOUTH 89'47'00' WEST, A DISTANCE OF 325.00 FEET' THENCE SOUTH 00'13'00" EAST ALONG A UNE 50.00 FEET EAST OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, TH£ WEST LINE OF 5410 SEC77ON 13, A DISTANCE OF 960.00 FEET, TO A POINT ON THE NORTH RIGHT—OF—WAY LINE OF N.W. 50th S7R£E7 AS SHOWN ON THE PLAT THE MAINLANDS OF TAk4R4C LAKES 6th SECRON, RECORDED IN PLAT BOOK 65, PAGE 46, PUBLIC RECORDS OF BROWARD COUNTY fZORlDA fSVD PRINT BEING. FURTHER DESCRIBED AS BEING ON 7N£ ARC OF A CIRCULAR CURVE TO THE LEFT, WHOSE RADIUS POINT BEARS NORTH 89*47*00" EAST, FROM THE LAST DESCRIBED POINT),• THENCE SOUTHERLY AND EASTERLY ALONG INC ARC OF SAID CURVE; HAVING A RADIUS OF 25.00 FEET, A CEN7X4 ANGLE OF 90'00100" AND AN ARC LENGTH OF J9,17 FEET TO THE POINT OF TANGENCY; THENCE NORTH 89'47'00' EAST A DISTANCE OF 175.00 FEET,• THE LAST TWO DESCRIBED COURSES BEING COINCIDENT WITH SAID NORTH RIGHT—OF—WAY LINE OF N.W. 50th STREET,' THENCE NORTH 00'l3'00' WEST, A DISTANCE OF 505.00 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE 70 THE RIGHT,' 7NENCE NOR7HERLY AND EASTERLY ALONG THE ARC OF SAID CURIE HAVING A RADIUS OF 1J5.00 FEET, A CENTRAL ANGLE OF 90'00'00' AND AN ARC LENGTH OF 212.06 FEET TO THE POINT OF TANGENCY; THENCE NORTH 89'4700' £AST A D/STANCE OF 265.00 FEET' THE LAST THREE DESCRIBED COURSES BEING COINCIDENT 077H WESTERLY AND NORTHERLY BOUNDARY LINES OF BLOCK 118, OF SAID PLAT OF THE AWNLANDS OF TAMARAC LAKES 6th SECTION` THI NCE NORTH 00'13 00' WEST, ALONG THE WESTERLY LINE OF LOT 1, BLOCK i 18, OF SAID PLAT THE AVNLAN95 OF TAMARAC LAKES 6th SECTION' AND NORTHERLY PRO✓EC77ON OF THE WESTERLY BOUNDARY LINE OF BLOCK 107 OF SAID PLAT THE MAINLANDS OF TAMARAC LAKES 6th SECTION' A DISTANCE OF 1,549.41 FEET THENCE NORTH 89'4700' EAST, A DISTANCE OF 90.00 FEET,' THENCE NORTH 00'13'00' WEST, A DISTANCE OF 116.82 FEET,' THENCE NORM 4441'IJ' WEST A DISTANCE OF 250 FEET' THENCE NORTH 89'0925' WEST, ALONG A LINE 67.00 FEET SOUTH Of, AND PARALLEL WITH AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID SECTION 13, A DISTANCE OF 347.52 FEET 710 7HE POINT OF BEGINNING. (CONTNUED) SHEET 2 OF 4 A POR7YONOF SABAL PALM'BYPRESTYGE ERCHA n4c. SuxMOM AM MAPPERS (P.B. 178, PG. 71-87, B.C.R.)Card8xw.�� m-w s�n.ia2s • F= (950 2554 14 DESCRIPTION (CON77NUED) TOGETHER WITH THE FOLLOWING: A POR77ON OF S48AL PALM BY PRESTIGE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 178, PAGES 71 THROUGH 87, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOOLLOWS- A PORTION OF TRACTS 2, 3, 4, 5, 6 AND 12 OF 'FORT LAUDERA4LE TRUCK FARMS SUBDIVISION" OF SEC77ON 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BROWARD COUNTY, FLORIDA RECORDED IN PLAT BOOK 4, PAGE 31, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TH£ NORTHWEST CORNER OF SAID SEC77ON 14' THENCE SOUTH 89'0925' FAST, ALONG THE NORTH LINE OF SAND SECTION 1J, A DISTANCE OF 784.12 FEET- THENCE SOUTH 00'13'OO' EAST A DISTANCE OF 85.48 FEET, TO THE POINT OF BEGINNING OF THIS DESCRIPTION,• THENCE CONTINUE SOU7H 00'1J'00' EAST, A DISTANCE OF 24258 FEET, THENCE SOUTH 89'0925" EAST A DISTANCE OF 967.55 FEET, TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT- THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 626.9J FEET, A CENTRAL ANGLE OF 5016'05' AND AN ARC LENGTH Of 553.58 FEET, TO THE' POINT OF TANGENCY, ]HENCE SOUTH 38J3'14' EAST, A DISTANCE OF 10 1. 04 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT' THENCE EASTERLY AND SOUTHERLY AND WESTERLY ALONG THE- ARC Of SAID CURVE H4XING A RADIUS OF 145.00 FEET A CENTRAL ANGLE OF 76'5037' AND AN ARC LENGTH OF 194.47 FEET TO THE' POINT OF TANGENCY- THENCE SOUTH 38'1730' WEST A DISTANCE OF 2,596.07 FEET 7O THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT- THENCE WESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 950.00 FEET, A CENTRAL ANGLE OF 3556'40' AND AN ARC LENGTH OF 595.98 FEET TO A PO/NT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT WHOSE RADIUS PO/NT BEARS SOUTH 36'1552' WEST FROM THE LAST DESCRIBED POINT • THENCE SOUTHEASTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVNG A RADIUS OF 125.00 FEET A CENTRAL ANGLE OF 230'17'11' AND AN ARC LENGTH 502.40 FEET, TO A POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE TO THE RIGHT' THENCE NORTHEASTERLY ALONG TNT ARC OF SAID CURVE HAVING A RADIUS OF 1,150.00 FEET, A CENTRAL ANGLE OF 37'06 41 ' AND AN ARC LEN07H OF 744.87 FEET,' THENCE NORTH 51-42JO' WEST, A DISTANCE OF 25.35 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE RO THE RIGHT, THENCE NORTHWESTERLY ALONG 7HE ARC OF SAID CURVE HAVING A R40/US OF 520.00 FEET, A CENTRAL ANGLE OF 48'03'10' AND AN ARC LENGTH OF 436.11 FEET, THE LAST SIX DESCRIBED COURSES BEING COINCIDENT WITH TH£ BOUNDARY OF 7HE MAINLANDS OF TAYARAC LAKES 6th SECTION' RECORDED /N PLAT BOOK 65, PAGE 46, PUBUC RECORDS OF BROWARD COUNTY, FLORIDA; ]HENCE SOUTH 89'47'00' WEST, A DISTANCE OF 175.94 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT,• THENCE WESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90'00'00' AND AN ARC LENGTH OF 39.27 FEET, TO THE POINT OF TANGENCY, TH£ LAST TWO DESCRIBED COURSES BEING ,COINCIDENT WITH THE SOUTHERLY BOUNDARY OF N.W. 50th STREET, AS SHOWN DN SAID PLAT 7HE AMAINLANDS OF TAWR4C LAKES 6th SECTION'• ]HENCE SOUTH 00'130O' EAST ALONG A LINE 50.00 FEET EAST OF AND PARALLEL WITH AS MEASURED AT RIGHT ANGLES TO, 7HE WEST LINE OF SAID SEC77ON 13, A DISTANCE OF 174.46 FEET, TO A POINT ON THE NORTH LINE OF S41D TRACT 12,• THENCE NORTH 89'1542' WEST ALONG THE NORTH LINE OF 54/0 TRACT 12, A DISTANCE OF law FEET,• THENCE SOUTH 00'13'00' EAST, ALONG A LINE 40.00 FEET EAST OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES T0, 77•l£ WEST LINE OF S4/D SECTION 13, A DISTANCE OF 1,320.00 FEET TO A POINT ON THE SOUTH LINE OF SAID 7R4CT 12; ]HENCE SOUTH 89'15'42' EAST, ALONG THE SOUTH LINE OF SAID TRACT 12, A DISTANCE OF 384.22 FEET, TO A POINT DN THE ARC OF A CIRCULAR CURVE TD THE RIGHT WHOSE RADIUS BEARS SOUTH 64'4725' EAST FROM THE LAST DESCRIBED POINT,• THENCE NOR7iHE45TERLY ALONG THE ARC OF SAIL CURVE HAVING A RADIUS OF 7,789.44 FEET, A CENTRAL ANGLE OF 13'O45$' AND AN ARC LENGTH OF 1,778.52 FEET 70 THE POINT OF TANGENCY• 7HENCE NOR7H 38'17J0' EAST A DISTANCE OF 2,088.09 FEET, TYE LAST TWO DESCRIBED COURSES BEING COINCIDENT WITH 7HE WESTERLY RIGHT—OF—WAY LINE OF SUNSHINE STATE PARKWAY• THENCE NORTH 33'56'43' WEST, A DISTANCE OF 601.27 FEET- THENCE NORTH 41'54'19' EAST A DISTANCE OF B.00 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, WHOSE RADIUS POINT BEARS SOUTH 4154'19' WEST FROM THE LAST DESCRIBED PO/Arn THENCE' WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 687YJ FEET: A CENTRAL ANGLE OF 41'03'44' AND AN ARC LENGTH OF 6J6.J5 FEET TO 7HF POINT OF TANGENCY,' ]HENCE NORTH 89*0925' WEST, ALONG A UNE 67.00 FEET SOUTH OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID SEC77ON 13, A DISTANCE OF 953.91 FEET- THENCE SOUTH 45'18'48" WEST, A DISTANCE OF 25.87 FEET 70 THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING, IN 7HE CI7Y OF TAMARAC, BROWARD COUNTY, FLOR/A4, CONTAINING 109.03 ACRES MORE OR LESS. NOTES: Bearings called hereon are based on the Plat of THE MAINLANDS OF TAMARAC LAKES SEVENTH SECTION (P.B. 68, PAGE, 4. B.C.R.) and the Plat of THE MAINLANDS OF TAMARAC LAKES SIXTH SECTION (P.B. 65. PAGE, 46, B.C.R.). SHEET 3 OF 4 A PORTION OF SABAL PALMBYPRESTIGE YTERCHARILwc. SU MOU Alva MAPPM (P.B. 178, PG. 71-87.9 B. C.R. �1 Mel\ OIA M np twkk 3 ALt �l.I Temp. Ord. #2246 March 13, 2012 Page 7 EXHIBIT "B" EXTERNAL BOUNDARIES OF THE DISTRICT {CODING: Words in 6trike through type are deletions from existing law; Words in underlined type are additions. SSG:JGH:SRW C:\Documents and Settings\tinawh\Local Settings\Temporary Internet Files\Content.Outlook\NNHM5EP3\00008966.doc LOCATIONSKETCH (NOT TO SCALE) A PORTION OF SABAL PALMBYPRESTIGE ERc. SM"WOU VWMAMPM (P.B. 178, PG. 71-87, B.C.R. �N.w.,��l ?Ml DEC 28 AM 9: 23 REG"EN D (1TY.OF T4h�IAPAC1 PETITION TO ESTABLISH SABAL PALM COMMUNITY DEVELOPMENT DISTRICT DECEMBER, 2011 {00008803.DOC v.1 } BEFORE THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA IN RE: AN ORDINANCE TO ESTABLISH THE SABAL PALM COMMUNITY DEVELOPMENT DISTRICT PETITION SPL HOLDINGS, LLC, a Florida limited liability company, and SPL SOUTH HOLDINGS, LLC, a Florida limited liability company (collectively, the "Petitioners"), hereby submit this Petition to the City Commission of the City of Tamarac, Florida ("City"), pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, to establish a Community Development District ("District") with respect to the lands described herein. In support of this Petition, Petitioner states as follows: 1. Location and Size. The proposed District is located adjacent to the intersection of Commercial Boulevard and Florida's Turnpike in the City and contains approximately 109.03 acres. The general location of the proposed District is shown on Exhibit 1 attached hereto. The metes and bounds description of the external boundaries of the proposed District is set forth in Exhibit 2 attached hereto. There is no real property within the external boundaries of the District which will not be part of the District. 2. Landowners Consent. Attached hereto as Exhibit 3 is the written consent of the Petitioners, who are the only non -governmental landowners whose real property is to be included within the boundaries of the proposed District. 3. Initial Board Members. The five persons designated to serve as initial members of the Board of Supervisors of the proposed District are as follows: Name: Donald David Deka, Jr. 16458 132na Terrace N. Jupiter, Florida 33478 {00008803.DOC v.1 } Name: Jose R. Milan 2820 S.W. 142nd Avenue Miami, Florida 33175 Name: Charles B. Morris, III 1200 West Avenue, Apt. 1416 Miami Beach, Florida 33139 Name: Marvin J. Abarca, P.E. 8010 N.W. 186d' Terrace Miami, Florida 33015 Name: Shellaine Rainkishun 6850 S.W. 132nd Street Pinecrest, Florida 33156 All of the above listed persons are residents of the State of Florida and citizens of the United States of America. 4. Name. The proposed name of the proposed District to be established is Sabal Palm Community Development District. 5. Maior Water and Wastewater Facilities. Attached hereto as Exhibit 4 is a map showing the existing major trunk water mains and sewer interceptors and outfalls serving the lands within the District. 6. ' District Facilities and Services. The Petitioner presently intends for the proposed District to participate in the funding and construction of the water system, sewer system, water management and control facilities, road improvements, and open space, recreation, and landscaping (the "Improvements"). The proposed timetable for construction of the Improvements is shown in Exhibit 5 attached hereto. The estimated cost of constructing the Improvements is set forth in Exhibit 6 attached hereto. These are good faith estimates but are subject to change. Actual construction timetables and expenditures will likely vary, due in part to the effects of future changes in economic conditions upon costs such as labor, services, materials, interest rates and market conditions. (00008803.DOC v.1) 7. Future Land Uses. The future general distribution, location and extent of = the public and private land uses proposed for the area within the proposed District by the future land use element of the City's Comprehensive Plan are shown on Exhibit 7 attached hereto. 8. Statement of Estimated Regulatory Costs. A Statement of Estimated Regulatory Costs prepared in accordance with the requirements of Section 120.541, Florida Statutes, is attached hereto as Exhibit 8. 9. Petitioner and Authorized Agent. The Petitioners are Florida limited liability companies, whose address is 4949 SW 75ffi Avenue, Miami, FL 33155. Copies of all correspondence and official notices should also be sent to the authorized agent for the Petitioner: Dennis E. Lyles, Esq. Billing, Cochran, Lyles, Mauro & Ramsey, P.A. 515 East Las Olas Blvd., Sixth Floor Fort Lauderdale, Florida 33301 Phone: 954-764-7150 / Fax: 954-764-7279 Email:' dlylesnbclmr.com 10. Reasons for Establishment of District. This Petition to establish the Sabal Palm Community Development District should be granted for the following reasons: a. Establishment of the proposed District and all land uses and services planned within the proposed District are not inconsistent with any applicable element or portion of the state comprehensive plan or the effective local government comprehensive plan. b. The area of land within the proposed District is part of a unified plan of development that has been or will be approved by the City. It is of a sufficient size and is sufficiently compact and contiguous to be developed as one functional and interrelated community. C. The proposed District will be the best alternative available for delivering community development services and facilities to the area to be served without financially impacting persons residing outside the proposed District. Establishment of {00008803.DOC v.1 } the proposed District in conjunction with a comprehensively planned community, as proposed, allows for a more efficient use of resources. d. The community development services and facilities of the proposed District will be compatible with the capacity and use of existing local and regional community development services and facilities. In addition, the establishment of the proposed District will provide a perpetual entity capable of making reasonable provisions for the operation and maintenance of the proposed District services and facilities in the future. e. The area to be served by the proposed District is amenable to separate special -district government. 11. Rights to be Granted the District: Petitioner hereby requests that, in addition to the powers set forth in Section 190.012(1), Florida Statutes, the District be granted the right to exercise all powers provided for in Sections 190.012(2)(a) and (d), Florida Statues. WHEREFORE, Petitioner respectfully requests the City Commission of the City of Tamarac, Florida to: a. Hold a public hearing to consider the establishment of the Sabal Palm Community Development District in accordance with the requirements of Section 190.005, Florida Statutes; and b. Adopt an ordinance pursuant to Section 190, Florida Statutes, granting this Petition and establishing the Sabal Palm Community Development District. {00008803.DOC v.l } SUBMITTED this day of December, 2011. SPL HOLDINGS, LLC, a Florida limited liability company SPL HOLDINGS SOUTH, LLC, a Florida limited liability company By: Florida Real Estate Value Fund, LP, a Florida limited partnership, their Manager By: Florida Real Esta4g Value Fund . anager, LLC, a Florida e iability any, its General Pam& By: 1 Arnaud Karsenti, {00008803.DOC v.1) EXHIBIT 1 LOCATION SKETCH {00008803.DOC v.1 } LOCATIONSKETCH (NOT TO SCALE) A PO. TIONOF SA BAL PALMBYPP, ESTIGE (P.B. 178, PG. 71-87, B.C.R) ERCHAR, mc. s N.W. 40di Flosdda 33W 4) 3,0-�OQS • Fa�c (9S4) 25S-8S84 EXHIBIT 2 METES AND BOUNDS DESCRIPTION {00008803.DOC v.1 } LEGAL DESCRIPTION: A PORTION OF SABAL PALM BY PRESTIGE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 178, PAGES 71 THROUGH 87, - OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF TRACTS 13, 14 AND 15 OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AND A PORTION OF TRACT 3 OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST, FORT LAUDERDALE TRUCK FARMS SUBDIVISION" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 31, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TH£ SOUTHWEST CORNER OF SAID SECTION 12, THENCE NORTH 00'13'45" WEST ALONG THE WEST LINE OF SAID SECTION 12, A DISTANCE OF 60.01 FEET; THENCE SOUTH 89'09 25" EAST, A DISTANCE OF 87.36 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION' THENCE NORTH 44'4135" WEST, A DISTANCE OF 49.03 FEET, THENCE NORTH 00'1345" WEST, ALONG A LINE 53.00 FEET EAST OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID SECTION 12, A DISTANCE OF 1,220,65 FEET, TO A POINT 5.00 FEET SOUTH OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID TRACT 13,• THENCE SOUTH 89'09 25" EAST, ALONG A LINE 5.00 FEET SOUTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID TRACTS 13, 14 AND 15 A DISTANCE OF 3,908.21 FEET TO THE EAST LINE OF S41D rRACr 15; THENCE SOUTH 007255" FAST ALONG THE EAST LINE OF SAID TRACT 15, A DISTANCE OF 381.98 FEET- THENCE SOUTH 44'01 '43" WEST, A DISTANCE OF 197.50 FEET,• THENCE SOUTH 7727'33" WEST, A DISTANCE OF 174.15 FEET,• THENCE NORTH 7834 08" WEST, A DISTANCE OF 369.90 FEET; THENCE SOUTH 5255'08" WEST, A DISTANCE OF 276.97 FEET THENCE SOUTH 27'01 40" WEST A DISTANCE OF 35882 FEET; THENCE SOUTH 39'57'13" WEST, A DISTANCE OF 664.60 FEET; THENCE NORTH 47'5228" WEST, A DISTANCE OF 43.36 FEET THENCE SOUTH 41'54'19" WEST, A DISTANCE OF 15.00 FEET TO AN INTERSECTION WITH THE ARC OF A CIRCULAR CURVE TO INC LEFT, WHOSE RADIUS POINT BEARS SOUTH 41'54'19" WEST FROM THE LAST DESCRIBED POINT - THENCE NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 1, 014.93 FEET, A CENTRAL ANGLE OF 41'03'44"AND AN ARC LENGTH OF 727.37 FEET, TO THE POINT OF TANGENCY,• THENCE NORTH 69'0925" WEST, A DISTANCE OF 9.75 FEET- THENCE NORTH 00'50 35" EAST, A DISTANCE OF 503.00 FEET,• THENCE NORTH 890925" WEST, A DISTANCE OF 90.00 FEET,' THENCE NORTH 00'5035" EAST, A DISTANCE OF 191.77 FEET,' THENCE SOUTH 89'0925" EAST A DISTANCE OF 35300 FEET• THENCE SOUTH 00'5035" WEST, A DISTANCE OF 323.00 FEET, TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT- THENCE SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 310.00 FEET, A CENTRAL ANGLE OF 60'00 00" AND AN ARC LENGTH OF 324.63 FEET, TO THE POINT OF TANGENCY,' THENCE SOUTH 59'09 25" EAST A DISTANCE OF 293.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHEASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 135.00 FEET, A CENTRAL ANGLE OF 11626'13" AND AN ARC LENGTH OF 274.35 FEET TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO TH£ RIGHT- THENCE NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 720.00 FEET A CENTRAL ANGLE OF 433339" AND AN ARC LENGTH OF 547.40 FEET, TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE LEFT THENCE EASTERLY AND NORTHERLY ALONG THE ARC OF 541D CURVE HAVING A RADIUS 220.00 FEET, A CENTRAL ANGLE OF 31'41 55" AND AN ARC LENGTH OF 121.71 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, WHOSE RADIUS POINT BEARS NORTH 19'1600" EAST FROM THE LAST DESCRIBED POINT; THENCE EASTERLY, NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 120.00 FEET, A CENTRAL ANGLE OF 198'2525" AND AN ARC LENGTH OF 415.58 FEET TO THE POINT OF TANGENCY,• THENCE NORTH 69'0925" WEST ALONG A LINE 275.00 FEET SOUTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID TRACTS 13, 14 AND 15, A DISTANCE OF 2,21aOO FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT,' THENCE WESTERLY, SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 120.00 FEET, A CENTRAL ANGLE OF 234'18 53" AND AN ARC LENG7H OF 490.75 FEET,' THENCE SOUTH 89'09 25" EAST, A DISTANCE OF 775.53 FEET, THENCE SOUTH 00'5035" WEST, A DISTANCE OF 276.77 FEET,• THENCE NORTH 89'0925" WEST, A DISTANCE OF 509.68 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 155.00 FEET, A CENTRAL ANGLE OF 5149 54 " AND AN ARC LENGTH 140.22 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 39'00 41 " WEST, A DISTANCE OF 162.33 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT,• THENCE WESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 155.00 FEET, A CENTRAL ANGLE OF 35' 10'06" AND AN ARC LENGTH OF 103.26 FEET TO THE POINT OF TANGENCY,• THENCE SOUTH 00'5035" WEST, A DISTANCE OF 235.38 FEET, THE LAST TWENTY DESCRIBED COURSES BEING COINCIDENT WITH THE BOUNDARY OF THE MAINLANDS OF TAMARAC LAKES 7fh SEC77ON" RECORDED IN PLAT BOOK 68, PAGE 4, PUBLIC RECORDS OF SROWARD COUNTY, FLORIDA; THENCE NORTH 89'09 25" WEST, ALONG A LINE 60.00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO TH£ SOUTH LINE OF SAID SEC7701V 12, A DISTANCE OF 762.76 FEET TO THE POINT OF BEGINNING. (CONTINUED) SHEET 1 OF 4 A PORTION OF SABAL PALMB YPRESTIGEIRITERCHAF"'Nc. p �r p SURVEYORS AND MAPPERS (P.B. 178. PO, 71-0 7, B. (...R.) Wgx�.w. s�I (954) 3404OTM "Fay (954) 255-084 (CONTINUED) LESS AND EXCEPT THEREFROM THE FOLLOWING: A PORTION OF TRACT 13 OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 41 EAST ACCORDING TO THE PLAT FORT LAUDERDALE TRUCK FARMS SUBDIVISION" RECORDED IN PLAT BOOK 4, PAGE 31, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12; )HENCE NORTH OO'13'45" WEST, ALONG THE WEST LINE OF SAID SECTION 12, A DISTANCE OF 60.01 FEET,- THENCE SOUTH 89'0925" EAST, A DISTANCE OF 87.36 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 44'4135" WEST, A DISTANCE OF 49.03 FEET,' THENCE NORTH 00'I345" WEST, ALONG A LINE 53.00 FEET EAST OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID SECTION 12, A DISTANCE OF 1,220.65 FEET TO A POINT 5.00 FEET SOUTH OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF TRACT 13 OF SAID SECTION 12, TOWNSHIP 49 SOUTH, RANGE 41 EAST- THENCE SOUTH 89'0925". EAST, ALONG SAID LINE 5.00 FEET SOUTH OF THE NORTH LINE OF SAID TRACT 13, A DISTANCE OF 600.00 FEEL• 7HENCE SOUTH 00'13'45" EAST A DISTANCE OF 334.48 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, WHOSE RADIUS POINT BEARS SOUTH 613350" EAST FROM THE LAST DESCRIBED POINT; SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 120.00 FEET, A CENTRAL ANGLE OF 57'19 51 " AND AN ARC LENGTH OF 120.07 FEET (7HE LAST DESCRIBED CURVE ALSO BEING THE WESTERLY LINE OF 7HE MAINLANDS AT TAMARAC LAKES 7TH SECRON", AS RECORDED IN PLAT BOOK 68, PAGE 4, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA),• THENCE SOUTH OO'13'45" EAST, A DISTANCE OF 805.39 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF WEST COMMERCIAL BOULEVARD,' THENCE NORTH 89'0925" WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF WEST COMMERCIAL BOULEVARD AND ALONG A LINE 60.00 FEET NORTH OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF SAID SECTION 12, A DISTANCE OF 565.65 FEET TO THE POINT OF BEGINNING TOGETHER WITH.• A PORTION OF SABAL PALM BY PRESTIGE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 176, PAGES 71 THROUGH 87, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PAR7CULARLY DESCRIBED AS FOLLOWS: A PORTION "OF TRACTS 4 AND 5 OF 'FORT LAUDERDALE TRUCK FARMS SUBDIVISION" OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 FAST, BROWARD COUNTY, FLORIDA, RECORDED IN PLAT BOOK 4, PAGE 31, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 13, THENCE SOUTH 89'09 25" EAST, ALONG THE NORTH LINE OF SAID SECTION 13, A DISTANCE OF 375.06 FEET,• ]HENCE SOUTH 00'1300" EAST A DISTANCE OF 67.01 FEET, TO THE POINT OF BEGINNING OF THIS DESCRIPTION, • THENCE CONTINUE SOUTH 00' 13'00" FAST, A DISTANCE OF 1, 345.52 FEET,' THENCE SOUTH 89'47'00" WEST, A DISTANCE OF 325.00 FEET; THENCE SOUTH 00'13100" EAST ALONG A LINE 50.00 FEET EAST OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF SAID SECTION 13, A DISTANCE OF 96D. 00 FEET, TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF N. W. 50th STREET, AS SHOWN ON THE PLAT 'THE MAINLANDS OF TAMARAC LAKES 6th SEC770N ; RECORDED IN PLAT BOOK 65, PAGE 46, PUBLIC RECORDS OF BROWARO COUNTY, FI.ORIDA, (S41D POINT BEING FURTHER DESCRIBED AS BEING ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, WHOSE RADIUS POINT BEARS NORTH 89'47'00" EAST, FROM THE LAST DESCRIBED POINT),• THENCE SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90'00'00" AND AN ARC LENGTH OF 39.27 FEET TO THE POINT OF TANGENCY,• THENCE NORTH 89'47'00" EAST, A DISTANCE OF 175.00 FEET' THE LAST TWO DESCRIBED COURSES BEING COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE OF N.W. 50th STREET, THENCE NORTH 00'13'00" WEST, A DISTANCE OF 505.00 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT,' THENCE NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 135.00 FEET, A CENTRAL ANGLE OF 90'0000" AND AN ARC LENGTH OF 212.06 FEET, TO THE POINT OF TANGENCY,• THENCE NORTTY 89'47 00" EAST A DISTANCE OF 265.00 FEET,' 7HE LAST THREE DESCRIBED COURSES BEING COINCIDENT WITH WESTERLY AND NORTHERLY BOUNDARY LINES OF BLOCK 118, OF SAID PLAT OF THE MAINLANDS OF TAMARAC LAKES 6th SECTION",• THENCE NORTH 00'1300" WEST, ALONG THE WESTERLY LINE OF LOT 1, BLOCK 118, OF SAID PLAT THE MAINLANDS OF TAMARAC LAKES 6th SECTION" AND NORTHERLY PROJECTION OF THE WESTERLY BOUNDARY LINE OF BLOCK 107 OF SAID PLAT '7HE MAINLANDS OF TAMARAC LAKES 6th SECTION; A DISTANCE OF 1,549.41 FEET THENCE NORTH 89'4700" EAST, A DISTANCE OF 90.00 FEET; THENCE NORTH 00' 13'00' WES7, A DISTANCE OF 116.82 FEET,• THENCE NORTH 44'41 '13" WEST, A DISTANCE OF 25.03 FEET- THENCE NORTH 89'09 25' WEST, ALONG A LINE 67.00 FEET SOUTH OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID SECTION 13, A DISTANCE OF 347.52 FEET TO THE POINT OF BEGINNING. (CONTINUED) SHEET 2OF4 A PORTIONO.F SABAL PALMBYPRESTIG-T ERCHA iNc• SM�oRS AM r� (P.B. 178, PG. 71-87, B.C.R.) � F���1 (954) 3404025 • F= ("4) 2554W DESCRIPTION (CONTINUED) TOGETHER WITH THE FOLLOWING: A PORTION OF SABAL PALM BY PRESTIGE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 778, PAGES 71 THROUGH 87, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF TRACTS 2, 3, 4, 5, 6 AND 12 OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION" OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST BROWARD COUNTY, FLORIDA, RECORDED IN PLAT BOOK 4, PAGE 31, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTTON 13,' THENCE SOUTH 89.0925' EAST, ALONG THE NORTH LINE OF SAID SECTION 13, A DISTANCE OF 784.12 FEET; THENCE SOUTH 00'13'00" EAST, A DISTANCE OF 65.48 FEET, TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE SOUTH 00'13'00" EAST, A DISTANCE OF 24258 FEET; THENCE SOUTH 89'09 25" EAST A DISTANCE OF 967.55 FEET, TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT* THENCE EASTERLY AND SOUTHERLY ALONG .THE ARC OF SAID CURVE HAVING A RADIUS OF 626.93 FEET, A CENTRAL ANGLE OF 50'36 05" AND AN ARC LENGTH OF 553.68 FEEL; TO THE POINT OF TANGENCY, THENCE SOUTH 38'33'14" EAST, A DISTANCE OF 101,04 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT- THENCE EASTERLY AND SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 145.00 FEET, A CENTRAL ANGLE OF 76'50 J7" AND AN ARC LENGTH OF 194.47 FEET TO THE POINT OF TANGENCY' THENCE SOUTH 38'1730" WEST, A DISTANCE OF 2,596.07 FEET TO 7H£ POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT,' THENCE WESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 950.00 FEET, A CENTRAL ANGLE OF 35 5fi 40" AND AN ARC LENGTH OF 595.98 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, WHOSE RADIUS POINT BEARS SOUTH 36'15'32" WEST, FROM 7HE LAST DESCRIBED POINT- THENCE SOUTHEASTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 125.00 FEET, A CENTRAL ANGLE OF 230'17'12" AND AN ARC LENGTH 502.40 FEET, TO A POINT OF COMPOUND CURVA7URE OF A CIRCULAR CURVE TO THE RIGHT' THENCE NORTHEASTERLY ALONG 7HE ARC OF SAID CURVE HAVING A RADIUS OF 1, 150.00 FEET, A CENTRAL ANGLE OF 37'06 41 " AND AN ARC LENGTH OF 744.87 FEET; THENCE NORTH 51'42,30" WEST, A DISTANCE OF 25.36 FFET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, THENCE NORTHWESTERLY ALONG THE ARC OF S41D CURVE HAVING A RADIUS OF 520.00 FEET, A CENTRAL ANGLE OF 48Yi3'10" AND AN ARC LENGTH OF 436.11 FEET, THE LAST SIX DESCRIBED COURSES BEING COINCIDENT WITH THE BOUNDARY OF ?HE MAINLANDS OF 7AMAR4C LAKES 6th SECTON , RECORDED /N PLAT BOOK 65, PAGE 46, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE SOUTH 89'47'00' WEST, A DISTANCE OF 175.94 FEET 70 A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT,' 7HENCE WESTERLY AND SOUTHERLY ALONG 771E ARC OF WD CURVE, HA KNG A RADIUS OF 25.00 FEET A CENTRAL ANGLE OF 90'00'00" AND AN ARC LENGTH OF 39.27 FEET, TO THE POINT OF TANGENCY, THE LAST TWO DESCRIBED COURSES BEING ,COINCIDENT WITH THE SOUTHERLY BOUNDARY OF N.W. 50th STREET, AS SHOWN ON SAID PLAT 'THE MAINLANOS OF TAMARAC LAKES 6th SECTION'- THENCE SOUTH 00"13'00" EAST ALONG A LINE 50.00 FEET EAST OF AND PARALLEL WITH AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF SAID SEC77ON 73, A DISTANCE OF 174.48 FEET, TO A POINT ON THE NORTH LINE OF SAID TRACT 12,• THENCE NORTH 89'1542" WEST, ALONG THE NORTH LINE OF S41D TRACT 12, A DISTANCE OF 10.00 FEET,• THENCE SOUTH 00'13'00" EAST, ALONG A LINE 40.00 FEET EAST OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF S41D SEC77ON 13, A DISTANCE OF 1,320.00 FEET TO A POINT ON THE SOUTH LINE OF SA/9 TRACT 12,• THENCE SOUTH 89'15'42" EAST, ALONG THE SOUTH LINE OF SAID TRACT 12, A DISTANCE OF 384.22 FEET, TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, WHOSE RADIUS BEARS SOUTH 64*4725" EAST FROM THE LAST DESCRIBED POINT,- 7HENCE NORTHEASTERLY ALONG 7HE ARC OF S4/D CURVE HARING A RADIUS OF 7,789.44 FEET, A CENTRAL ANGLE OF 13'04 55" AND AN ARC LENGTH OF 1,778.52 FEET TO THE POINT OF TANGENCY; ]HENCE NORTH 38'17;30' EAST, A DISTANCE OF 2,088.09 FEET THE LAST TWO DESCRIBED COURSES BEING COINCIDENT WITH 7HE WESTERLY RIGHT—OF—WAY LINE OF SUNSHINE STATE PARKWAY; THENCE NORTH 33'56'43" WEST, A DISTANCE OF 601.27 FEET- THENCE NORTH 41'54'19' EAST, A DISTANCE OF 8.00 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, WHOSE RADIUS POINT BEARS SOUTH 41'54'19" WEST FROM THE LAST DESCRIBED POINT,• THENCE WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 687.93 FEET A CENTRAL ANGLE OF 41'03'44" AND AN ARC LENGTH OF 636.35 FEET TO THE POINT OF TANGENCY,• THENCE NORTH 89'0925" WEST, ALONG A LINE 67.00 FEET SOUTH OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAND SECTION 13, A DISTANCE OF 953.91 FEET- THENCE SOUTH 45'18'48" WEST, A DISTANCE OF 25.87 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING, /N THE CITY OF TAMARAC, BROWARD COUNTY FLORIDA. CONTAINING 109.03 ACRES MORE OR LESS. NOTES: Bearings called hereon are based on the Plat of THE MAINLANDS OF TAMARAC LAKES SEVENTH SECTION (P.B. 68, PAGE, 4. B.C.R.) and the Plat of THE MAINLANDS OF TAMARAC LAKES SIXTH SECTION (P.B. 65, PAGE, 46, B.C.R.). SHEET 3 OF 4 A PORTION OF SABAL PALMBYPRES/TIGEYTERCHAP41NC. SURVEYORS AND MAPPERS (P.B. 178, PG. 71-87, B. C.R.) �s� F,�°°�1 (954) 3404025 • Far (934) 25S4 584 EXHIBIT 3 AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF THE SABAL PALM COMMUNITY DEVELOPMENT DISTRICT STATE OF FLORIDA COUNTY OF BROWARD On this day of _ Lk. '. , 2011, Arnaud Karsenti personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, who, after being duly sworn, deposes and says: _ 1. Affiant is the Manager of Florida Real Estate Value Fund Manager, LLC, a Florida limited liability company, the General Partner of Florida Real Estate Value Fund, LP, a Florida limited partnership, the Manager of SPL Holdings, LLC, a Florida limited liability company, and SPL South Holdings, LLC, a Florida limited liability company (collectively, the "Landowners"). 2. Affiant hereby represents that he has full authority to execute all documents and instruments on behalf of the Landowners, including the Petition before the City Commission of the City of Tamarac, Florida ("City"), for the adoption of an ordinance to establish the Sabal Palm Community Development District (the "Proposed CDD"). 3. The Landowners each own real property located within the boundaries of the Proposed CDD. Together, the lands owned by the Landowners constitute all of the non -governmentally owned real property to be included within the boundaries of the Proposed CDD. 4. Affiant, on behalf of the Landowners, hereby consents to the establishment of the Proposed CDD. {00008803.DOC v.1 } FURTHER AFFIANT SAYETH NAUGHT. ,! /I Arnaud Karsenti, as -Manager of F10'rida Real Estate Value Fund Manager, LLC, a Florida limited liability company, General Partner of Florida Real Estate Value Fund, LP, a Florida limited partnership, Manager of SPL Holdings, LLC, a Florida limited liability company, and SPL South Holdings, LLC, a Florida limited liability company Subscribed and sworn to before me this •tea day of , 2011, by who personally appeared before me, and is personally known. V " Notary: Print Name: C v -kill, 6- Notary Public, State of Florida +Fig P ''. CATHERINE ELIZABETH MERINA ;V.• "4F: =i• a' MY COMMISSION # EE003163 l'OF;a� EMPIRES July 02, 2014 . 1 (407) 398-0153 i-IorideNotery8eivice com {00008803.DOC v.l } EXHIBIT 4 MAJOR TRUNK WATER MAINS, SEWER INTERCEPTORS AND OUTFALLS {00008803.DOC v.1 } LAKES OF Ex. Water Main CARRIAGE HILLS Connection 181, P.V.C. W.M. •`8'- Sari. Sew . er k Lu Exist. Sewer F.M. Connection 6 D.I.P. F. M. Sn ri Sewer; ........... .......... ....................... .................... .. ......... ................................... . . .................... -- ------------- ................... --- �A MAINLANDS, 6 Exist. Sewer Connection 81, P.V.C. W.M. 811 p Y.C. .......... . ............ . ........ ........... ...... ------- - - ---- ... .......... LAKE ........... . - --- ---- HOUSE ..... ....... 8 Sari. te:we;r:: SPRING ------------------- 8 ....... ... San. Se "r-- ------------- .............. ca . ...8' San. Sewer ....... - .......... MAINLANDS 6 ------------ LAK - ------------ -- - ---------- 8" P.V.C. Wilm. I t Ex. Water Main Connection Seater j L Exist. Water Main — — — — — — — — — — — — — — — — — 7 — — — — — COMMERCIAL BOULEVARD 7_1 ml W WATER & SEWER SKETCH CITY OF LAUDERDALE LAKES ............ . . . . .. .. . .. .. ... . . ... . . ... . .. . . ... . . . ................. . ... . ..... .......... .... ........ 8"'SAn' Se�er i ------- ...6..."M .......... .... ---------.-....-.-.. - �'8i.S.a.n..S.e.w. er;i i----------------------------------- -- -- ------- .... - ----- ------ - --- ------ ................... - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 81# p - - - -- --------------- --- LAKE N.C. W.M.7 6 D.I.K f,M. 1 ------ --------- ; ........... ........ - . - - - - - - - - - - - - - - - - - . . ... . ... . . ... . ... f. ------------- .......... ........... 'San S�\: ........... opir - ---- ---------- . ............ ...... 8" P.V. M. MAINLANDS 6 LAKE ewer Lift Station San, Sewer 6" D.I.P. F.M. San. Sewer PARK 4t, Ap Jf 4 4,p 0 4jr WATER & SEWER SKETCH P.V.C. S 11 W.M. SKETCH ofDE,SCRIPTION EX. WATER MAIN 1 ------------------ - - - - ----------------------- - - - - -- y _ EX. FORCE MAIN _ —+— _ _ _ WEST COMMERCIAL BL_VD. _ _I i EX. WATER MAIN 1 CONNECTION -- -----------I ----------------'---- B' PVC WM ? I m qc mM SAW G O r I rrnn !D .D I 1 m I _ N I v m�,am 9 O r- 5-.RG n1 NN v 'n SECTION 13-49-41 FORT LAUDERDALE TRUCK FARMS SUBDIVISION X MATCH LINE S WA TER & SEWER SKETCH SABAL PALM SOUTH (P.B. 178, PG. 71-87, B. C.R) 1' �I F I - EX. WA ER M IN((( I I ONNECTION i I IZ I I N � Lo m I II I I I I I I I i I I I II i i ,I1 I � 1 I 1, 1 1 1 I � 111 1 I II I I III I I III - _ EX. WATER MAIN DZ I —EX. FORCE MAIN THE 1AINLANDS OF LAKES Sk@6-A \�Hj MINLANDS OF T LAKES IX SECTION E SHEET 2 OF 5 SCALE: JOB NO: 1"-200' 05-422OVER FB/PG: CAD. FILE:F: \PRE B - --1 'Cn 11 T t SAN. SEWER CANAL ------------ THE MAINLANDS OF 1 TAMARAC LAKES 1 y SECTION 6-A 1� 1 10 �EX. WATER MAIN N/A \05-422overall sketch DRAWN BY: DATE: RRM 7/20/11 CKD. BY: PROJ. FILE: TD 05-422new SHEET 1 OF 5 AVID & ERCHAR, rNC. SURVEYORS AND MAPPERS 12075 N.W. 40th Street, Bay 1 Coral Springs, Florida 33065 (954) 340-4025 - Fax: (954) 255-8584 SKETCH ofDESCRIPTION MATCH LINE SEE SHEET 1 OF 5 j -- -- 6 6" PVC .4 3 BLOCK 5' 1 J 1 orm i 1 I Zf 8" SAN. SEWER i t ml; o� I I CANAL ' I I xll Z I I I 1 I D y 1 I Z I D I I I Z II 1 1 II I I 1 t' I � e' SAN. SEWER � I I 7JI i I I / 1 Ila III ZbI THE MAINLANS OF TA SIX HSECON 'I1 I / / I I bI 8 PVC W.M. EX. WATER MAIN ^ _ EX. WATER MAIN IL_ CONNECTION __!!---------------`_` U 1 N.W. SOth STREE EX. FORCE MAIN /� I ( CONNECTION EX. FORCE MAIN) m 1 I 6' D.I.P. FORCE MAIN I 1 m I J II P I I ' WA N 11 1 z li I '� Q I 8 PVC W.M. 8" SAN. SEWERS 1 CANAL G / 0 � � 4 MATCH LINE SEE SHEET 3 OF 5 SHEET 2 OF 5 SCALE: JOB NO: WATER & SEWER '" - 200 05-422OVERALL AVID & FB/PG: CAD. FILEF: \PRESTIGE SKETCH N/A \05-422overall sketch ERCHAR, INC. SABAL PALMSOUTH DRAWN BY. DATE. SURVEYORS AND MAPPERS RRM 7/20/tt 12075 N.W. 40th Street, Bay 1 (P.B. 178, PG. 71-87, B. C.R.) CKD. BY: t ROJ. FILE: Coral Springs, Florida 33065 m 05-422new (954)340-4025• Fax: (954) 255-8584 SKETCH ofDESCRIPTION MATCH LINE SEE SHEET 2 OF 5 SECTION 13-49-41 FORT LAUDERDALE TRUCK FARMS SUBDIVISION SCALE: JOB NO: RALL WA TER � SEWER '" = 200 05 E:F: \P ESTI FB/PG: CAD. FILE:F:\PREsncE SKETCHN/A \05-422overall sketch SABAL PALM SOUTH DRAWN BY: RRM DATE:. 7/20/11 (P.B. 178, PC. 71-87, B.C.R.) CKD. BY: PROJ. FILE: TO 05-422new SHEET 3 OF 5 AVID & ERCHAR, INC. SURVEYORS AND MAPPERS 12075 N.W. 40th Street, Bay 1 Coral Springs, Florida 33065 (954) 340-4025 • Fax: (954) 255-8584 SKETCH of °DESCRIPTION MATT ummmm . /10 P G Cn1 mt mk w1 ml �; NI OI 1 1 1 SCALE: WA TER & SEWER FS/PG: SKETCH t^ s 200' �% SKETN/A SABAL PALM SOUTH DRAWN BY: RRM (P.B. 178, PG. 71-87, B.C.R) tc KID. BY: E JOB NO: 05-422OVERALL CAD. FILE:F: \PRESTIGE \05-422overoll sketch DATE: 7/20/11 PROD. FILE: 05-422new SHEET 4 OF 5 AVID & ERCHAR, rNc. SURVEYORS AND MAPPERS 12075 N.W. 40th Street, Bay 1 Coral Springs, Florida 33065 (954) 340-4025 • Fax: (954) 255-8584 SKETCH ofDESCRIPTION cJ9 L e 1 8 PVC M. \ L� r CANAL 8" SAN. SEWER ' - - - - - - - — - -- \ \ \ \ , THE MAINLANDS AITAMARLAND F ES \� SECTION 6-A n \ I I � \ y 4 � P 3• � J � J mmKm m =\Mfmlmml' m mid = m = � m m m = = m m= mu MATCH LINE SEE SHEET 4 OF 5 SHEET 5 OF 5 SCALE: JOB N0: ��TT WATER & SEWER '" = 200' 05-422OVERALL lll FB/PG: CAD. FILE:F:\PRESTIGE SKETCHN/A \05-422overall sketch _a ERCHAR, M. SABAL PALM SOUTH DRAWN BY: DATE: SURVEYORS AND MAPPERS RRM ��2o��t 12075 N.W. 40th Street, Bay 1 (P.B. 178, PG. 71-87, B. C.R.) CKD. BY: PROJ. FILE: Coral Springs, Florida 33065 TD I 05-422new (954) 340-4025• Fax: (954) 255-9584 EXHIBIT 5 PROPOSED TIMETABLE FOR CONSTRUCTION OF DISTRICT IMPROVEMENTS Sabal Palm North Description 1. Water System 2. Sewer System 3. Water Management and Control Facilities 4. Road Improvements 5. Open Space, Recreation and Landscaping Sabal Palm South _ Description 1. Water System 2. Sewer System _ 3. Water Management and Control Facilities 4. Road Improvements 5. Open Space, Recreation and Landscaping { 00008803.DOC v.l } Estimated Start Estimated Finish January 2012 March 2012 January 2012 March 2012 May 2012 June 2012 February 2012 May 2012 Apr i12012 May 2012 Estimated Start Estimated Finish February 2013 September 2013 December 2012 June 2013 January 2013 July 2013 June 2013 September 2013 August 2013 September 2013 EXHIBIT 6 ESTIMATED COSTS OF DISTRICT IMPROVEMENTS Sabal Palm North Description Amount Water System $ 512,000 Sewer System $ 942,000 Water Management and Control Facilities $ 320,000 Road Improvements $ 1,166,800 Open Space, Recreation and Landscaping $ 300,000 Total Costs: $ 3,240,800 Sabal Palm South Description Amount _ Water System $ 5579000 Sewer System $ 1,130,000 Water Management and Control Facilities $ 645,000 Road Improvements $ 1,474,900 Open Space, Recreation and Landscaping $ 400,000 Total Costs: $ 4,206,900 {00008803.DOC v.1 } EXHIBIT 7 FUTURE GENERAL DISTRIBUTION, LOCATION AND EXTENT OF THE PUBLIC AND PRIVATE LAND USES PROPOSED WITHIN THE PROPOSED DISTRICT {00008803.DOC v.1 } Z ul ■C ((z IJ 1 CL ��``j� _ I Q z j ■F LU w D D U. U. 0 �I _I t 1 f 1 41g Lr'�1. 5 r fi 4 f.Il F } F t 4 .; �e 6 m = � Y R - O j C W Z E E d ~ c E _� a m u a . . . . . . . . . . . . 1 iS 54 C W ae^G ;• ' r iv: sn W 7. STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the petition to form Sabal Palm Community Development District (the "District"). The District comprises approximately 109.03 gross acres of land located within the City of Tamarac (the "City"), Florida. The limitations on the scope of this SERC are explicitly set out .in Section 190.002 (2) (d), Florida Statutes as follows: "That the process of establishing such a district pursuant to uniform 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 permitting or planning of the development is not material or relevant." 1.2 Overview of the Sabal Palm Community Development District The District is designed to provide community infrastructure, services, and facilities along with their operations and maintenance to the Sabal Palm Community Development District. Sabal Palm Community Development District will encompass approximately 109.03 gross acres. The Development plan for the proposed lands within the District includes the construction of approximately 434 single family homes. All are authorized for inclusion within the District. 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. CDDs 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 City 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 planned developments, such as the Sabal Palm CDD. The scope of this SERC is limited to evaluating the consequences of approving the proposal to establish the District. SERC — Saba( Palm CDD - Page 1 Df 7 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541 (2), a statement of estimated regulatory costs must contain: (a) An economic analysis showing whether the rule directly or indirectly; is likely to have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule; is likely to have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the rule; or is likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule. (b) 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. (c) 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. (d) 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. . (e) An analysis of the impact on small businesses as defined by Section 288.703, Florida Statutes and an analysis of the impact on small counties and small cities as defined by Section 120.52, Florida Statutes. (the City of Tamarac is not defined as a small city for purposes of this requirement). (f) Any additional information that the agency determines maybe useful. (g) 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. I For the purposes of this SERC, the term "agency" means the City and the term "rule" means the ordinance(s) which the City will enact in connection with the creation of the District. SERC— Saba[ Palm CDD - Page 2 of 7 2.0 Adverse impact on economic growth, business competitiveness or increased regulatory costs, in excess of $1 million. It is unlikely the creation of the District will meet any of the triggers in Section 120.541(2)(a). The basis for this determination is provided in the discussions in Section 3.0 through Section 6.0. 3.0 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 of individuals likely to be affected by the rule. As noted above, the Sabal Palm Community Development District is a residential community designed for up to 434 single family units. Formation of the District would put all of these areas under the jurisdiction of the District. Prior to platting, and sale of any units, all of the land owned by the Developer and any other landowner will also be under the jurisdiction of the District. 4.0 Good faith estimate of the cost to state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. 4.1 Costs of Governmental Agencies of Implementing and Enforcing Rule State Government Entities There will be only modest costs to various State governmental entities to implement and enforce the proposed formation of the District. The District as proposed will encompass under 1,000 acres, therefore the City is the establishing entity under 190.005 (1) F.S. 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), Florida Statutes. The modest costs to various State entities to implement and enforce 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. Appendix A lists the reporting requirements. 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 169.412, Florida Statutes, the proposed district must pay an annual fee to the State of Florida Department of Community Affairs, which offsets such costs. City of Tamarac The proposed land for the District is within the City of Tamarac (the "City") and consists of approximately 109.03 gross acres. The City and its staff may process and analyze the petition, conduct public hearings with respect to the petition, and vote upon the petition to establish the District. These activities will absorb some resources. SERC — Sabal Palm CDD - Page 3 of 7 These costs to the City are modest for a number of reasons. First, review of the petition to establish the District does not include analysis of the project 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, potential costs are offset by the required filing fee. Finally, local governments routinely process similar petitions for land uses and zoning charges that are far more complex than is the petition to establish a community development district. The annual costs to the City because of the establishment of the District are also minimal. The proposed District is an independent unit of local government. The only annual costs the City faces are the minimal costs of receiving and reviewing the various reports that the District is required to provide to the City. 4.2 Impact on State and Local Revenues Adoption of the proposed rule 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 development. 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 or any unit of local government. In accordance with State law, debts of the District are strictly its own responsibility. 5.0 A good faith estimate of the transactional costs are 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 roadway improvements, open spaces, recreational and landscaping,' water management and control facility, water distribution system, sanitary sewer system, and related incidental costs, as described in Table 1, will be funded by the District. [Rest of the Page Intentionally Left Blank) SERC - Sabal Palm CDD - Page 4 of 7 Table 1. Sabal Palm Community Development District Proposed Facilities and Services FACILITY FUNDED BY OWNERSHIP O&M Water System CDD CTWSD CTWSD Sanitary Sewer System CDD CTWSD CTWSD Water Management and Control Facility CDD CDD CDD Roadway Improvements CDD CDD/CITY CDD/CITY Open Spaces, Recreation, and Landscaping CDD CDD CDD Key: CDD=Community Development District, CTWSD=City of Tamarac Water and Sewer Department, O&M=Operations and Maintenance The petitioner has estimated the design and development costs for providing the capital facilities and outlined in Table 2. The cost estimates are shown in Table 2 below. Total design and development costs for these facilities are estimated to be approximately $7,447,700. The District may issue special assessments 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 District may be required to pay non -ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition, to the levy of non -ad valorem assessments for debt service, the District may also impose a non -ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. Furthermore, to locate in the District by new property owners 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 numerous benefits and facilities that the District provides. A CDD provides 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, County provision, or through developer equity and/or bank loans. In considering these costs it shall be noted that occupants of the lands to be included within the District will receive three major classes of benefits. First, those property owners and businesses in the District will receive a higher level of public services and amenities sooner than would otherwise be the case. SERC — Sabal Palm CDD - Page S of 7 Second, a District is a mechanism for assuring that the community services and amenities will be completed concurrently with development of lands within the District. 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 District is the sole form of governance which allows District landowners, through landowner voting and ultimately electoral voting for resident elected boards, to determine the type, quality and expense of the District services they receive, provided they meet the County's overall requirements. The cost impact on the ultimate landowners in the District 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 District Facilities Category Cost Water Distribution System $1,069,000.00 Sanitary Sewer System $ 2,072,000.00 Water Management and Control Facilities $ 965,000.00 Roadway Improvements $ 2,641,700.00 Open Spaces, Recreation, and Landscaping $ 700,000.00 Total Projected Costs of Improvements $ 7,447,700.00 6.0 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, Florida Statutes. There will be no 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 City has an estimated population that is greater than 10,000 according to the 2010 US Census. Therefore the City is not defined as a "small city" according to Section 120.52 (18), Florida Statutes. SERC — Sabal Palm CDD - Page 6 of 7 7.0 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 Developer's Engineer and other professionals associated with the Developer. 8.0 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. There have been no good faith written proposals submitted to the agency as described in Section 120.541(l)(a), Florida Statutes. Prepared by: Governmental Management Services - South Florida, LLC January 23, 2012 SERC — Saba) Palm CDD - Page 7 of TAMARAC *Fhf! C,t'i Pb.' ybug 1.1le