EDWIN M.  FRY, Jr., CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE# 3052864	OR BOOK 2814	PAGE 1370, Recorded 05/09/2007 at 01:59 PM

This instrument prepared by (and return to)
Daniel B. Harrell
Gonano & Harrell
2100 S.E. Ocean Blvd., Ste 205
Stuart, Florida 34996
(772) 464-1032 Ext. 1010 (Voice)

(772) 464-0282 (Facsimile)

-

THE SOUTHERN GROVE COMMUNITY DEVELOPMENT DISTRICT NO. 1 MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY FOR THE CONSTRUC­ TION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OFTHEDISTRICT. THESETAXESANDASSESSMENTSAREINADDITIONTOCOUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS AS PROVIDED FOR BYLAW.

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OR BOOK 2814 PAGE 1371

STATE OF FLORIDA
COUNTY OF S'-r, l..LJ(cl t=

The foregoing instrument was acknow]edged before me this d ayofMay, 2007, byJames
H. Anderson, Executive Vice-President of Horizons Acquisition 5, LLC, as Petitioner to Establish the Southern Grove Community Development District No. 1 .  He)(is personally known to me, or□

has pr9911ee<1--,_

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OR BOOK 2814 PAGE 1372

EXHIBIT A

LEGAL DESCRIPTION

.ARC

EA

COMYENCI: AT TJ,£ POINT OF INTERSECTJON Or THE NORTH LIi-£ OF LANDS DESCRIBED IN OFFICJAL RECORD BOOI< 166, PAGE 168 WJTH THE EAST LINE OF LANDS OESCRISeO IN OFflCIAL RECORD BOOK 577, PAGE 676, f'UBI..IC RECORDS Of SAJO ST. LUCrE COI.NTY, A.ORJOA; THENCE NORTH 00-05'34 EAST AS A BASIS Of BEARINGS ALONG SAID EAST LINE OF THE LAWS DESCRIBED IN OFFICIAL RECORDS BOOK 577, PAGE 676, A DISTANCE OF 10714.37 FEET; THENCE SOUTH 6Z'l1'52 DEPARTlf'..'G SAJO EAST LINE, A DISTANCE OF 75.6B FEET TO A POINT OF INTERSECTION WITH Tl-£ SOUTl-£RLY RIGHT-of-WAY LlNE Or PROPOSED E./W 3 RlGHT-OF-WA'l". SAID POINT ALSO BEING A POJNT OF RADIAL JNTERSECTION WITH A CURVE CONCAVE TO Tl-£ SOUTHWEST AJ,l) HAVING A RADIUS OF 7926,97 FEET:
Tl-ENCE TRAVERSlr-.G SAID SOUTHERLY RIGHT-OF-WAY UM! BY TiiE FOU.OWING FOUR {4)
Cot.A1SES;

NOTE- Tf!JS tsOOT A $K.ETOI OF SUIVE'I', INI O<'lly a g,	llopi:;10:,n

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   JOBl<b.   BT37	OMWN, .DM	OiEotE'.D: MTK	DESIGN: ARCADIS	OATE,   9-2:2-06	

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OR BOOK 2814 PAGE 1373

'

ARCADIS

THENCE TRAVERSIM:i SAJD SOUTHERLY RIGHT-OF-WAY LINE SY THE FOLLOWING TWO (21
COURSES;
,_ SOUTH 59•4s•zs· WEST, A DISTANCE OF 793.26FE£T TO THE POINT OF CURVATLRE
WITH A CURVE CONC4VE TO THE NORTHWEST MO HAVING A RADIUS OF 2075.00
fllY410Nr. AIDCl.lRV/:'. EOF,26
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   SEE SHEEJ 3 OF 3 FOR SKETCH	,,.,..,.,,...,-; E: '.:!.:.tH•-n•,..., .,m,aon. """,..[II St£ET 2 OF' 3 

JOEi No. B737	DRAWN: JDM	OECKEn- MTK	DESIGN:  ARCADJS	OATE: 9- -06

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COUNCIL ITEM S'f,'
DATE_ 3// 'IICJ 'l

COUNCILJTEM  1 OC
DATE	3 / 12 / O7

CITY OF PORT ST. LUCIE, FLORIDA

ORDINANCE NO. 07-33

AN ORDINANCE OF THE CITY OF PORT ST. LUCIE, Fl,ORIDA ESTABLISHING THE SOUTHERN GROVE COMMUNITY DEVELOPMENT DISTRICT NO. 1; 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 CERTAIN SPECIAL POWERS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PORT  ST. LUCIE, FLORIDA:
SECTION 1.	AUTHORITY  FOR  THIS ORDINANCE.	The City of Port St.
Lucie, Florida (the "City") is authorized to adopt this ordinance under the authority granted by the provisions of Chapter 166, Florida Statutes, as amended, and other applicable provisions of law.
SECTION 2.	FINDINGS. It is hereby found and determined that:
Horizons Acquisition 5, LLC, a Florida limited liability (the "Petitioner"), the owner of 100% of certain real property (the "Property") within the proposed District (hereinafter defined) (other than the portion of the Property, if any, previously. conveyed to the City for right­ of-way and utility purposes), has petitioned the City to form a community development district for the Property within the meaning of the Uniform Community Development Act of I980, 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 "Southern Grove Community Development District No. 1" (the "District") and the boundaries of the District would be cotem1inous with the boundaries of the Property.

The City has conducted a public hearing on the Petition in accordance with the requirements of section !90.005(l){d) and has considered the record  of the public hearing  and the factors set forth in section 190.00S(l)(e) of the Act, among other factors, and hereby finds that:
All statements in the Petition have been found to be true and con-ect;

FTL,1.176682,3

ORDINANCE NO.• 07-33
Thecreation 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;

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 inten-elated community;

The District is the best alternative available for delivering community development services and facilities to the area that will be served by the District;

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

The area that will be served by the District is amenable to separate special- district government.
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 "Southern  Grove  Community Development District No. 1."
SECTION 4.	EXTERNAL  BOUNDARIES.	The external boundaries of the District shall be as set forth on Exhibit A hereto.

SECTIONS.	INITIAL MEMBERS OF BOARD OF SUPERVISORS. The five
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:
Dan Richey

James H. Anderson

Jane Rowley

Shawn Reilly

Tom Babcock

FTl:1516682:3

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SECTION 6.

ORDINANCE NO.	07-33
CONSENT TO EXERCISE OF SPECIAL POWERS.

A. Pursuant to Section 190.012(2)(a) of the Act, the City  hereby  consents  to  the exercise of the powern set forth in Section 190.012(2) (a), (b), (c), and (d) of the Act, thereby enabling the District to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain systems and facilities for (I) parks and facilities for indoor and outdoor recreational, cultural and educational uses; (2) fire prevention and control, including water mains and plugs, fire stations, fire trucks and other vehicles and equipment; (3) school buildings and related structures, which may be leased, sold or donated to the school district, for use in its educational system, when authorized by the district school board; and (4) 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 appropriate local general-purpose govenunent agencies for an increased level of such services within  the District boundaries. Notwithstanding anything to the contrary set forth herein, the District shall not operate or maintain any water and sewer facilities within its boundaries and all of such facilities shall be dedicated to and/orowned by the City.

B, The City further consents to the exercise by the District of the right and power of eminent domain, pursuant to Chapter 73, Florida Statutes and Chapter 74, Florida Statutes, over any property outside the boundaries of the District and within the City (except municipal, county, state and federal property) for the uses and purposes of the District relating solely to  water, sewer, District roads, and water management, specifically including, without limitation,  the power of eminent domain for the taking of easements for the drainage of the land of one person over and through the land of another; provided, however, that the District shall exercise the eminent domain power only for uses and purposes contemplated by, consistent with or in furtherance of the requirements of approved development permits or development orders relating to the real property within the District.

The foregoing powers shall be in addition, and supplemental, to the powers which the proposed District is entitled to exercise pursuant to the Act.

As permitted by the Act, the City hereby approves the District's exercise, outside of its boundaries, of the powers granted in the Act and herein, subject to the terms hereof, for uses and purposes contemplated by, consistent with or in furtherance of the requirements of approved development pem1its or development orders relating to the real property within the District.

SECTION 7.	SEVERABILITY  AND INVALID PROVISIONS.	If any one or
more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, but not expressly prohibited or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way effect the validity of  the other provisions hereof.

FTL:1576682:3

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SECTION 8.

ORDINANCE NO. 07-33

ORDINANCE EFFECTIVE.	This ordinance shall take effect .

immediately upon its second reading,

PASSED ON FIRST READING; 3-/;].. -01
PASSED  ON SECOND READING:	- tJ- () 7

CITY OF PORT ST. LUCIE, FLORIDA

ATTEST:

CIT

d,U/

MAYOR

I HEREBY CEJD;!FY that I have approved this ORDj!)lA'NOE as to form	·

/

FTU 576682,3

·•
ORDINANCE NO. 07-33

EXHIBIT A

EXTERNAL BOUNDARIES OF THE DISTRICT

RaARCADIS
ENQINEERe	Pl NN RB	SUflVE·YoR8
590 NW Pcaeock Blv(I, Suite 9, P(lrt St Lucie, FL 34986 (772) 878-1700• fax: (772) 878-1802• Web; www.rnw,/nc.C()m
West Palm Beach • Port St. Lucie , Orfando • Vero Beach
EB 7Gf7  I L:9·7oe2	
DESCRIPTION TO ACCOMPANY SKETCH

DESCRIPTION, C.D.D. NO. 1-9-22-06'
A PARCEL OF LANO LYING IN SECTIONS 22 AND 27, TOWNSHIP 37 SOUTH, RANGE 39	EAST, ST. LUCI£ COUNTY, FLORIDA AND BEING MORE PARTICULARL y DESCRIBED AS FOt:.Lows,
COMMENCE AT THE POINT OF INTERSECTION OF THE NORTH LINE OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 166, PAGE 168 WITH THE EAST LINE OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 577, PAGE 676, PUBUC RECORDS OF SAID ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 00°05'34" EAST AS A BASIS OF BEARINGS. ALONG SAlD EAST UNE OF THE LANDS DESCRIBED IN OFFlCIAL RECORDS BOOK 577, PAGE 676, A DISTANCE OF 10714.37 FEET; THENCE SOUTH 82"11'52" DEPARTING.SAID EAST LINE, A DISTANCE OF 75.68 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERlY RIGHT-OF-WAY UNE OF PROPOSED E/W 3 RIGHT-OF-WAY. SAID POINT ALSO BEING A POINT OF RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 7926.97 FEET;
THENCE TRAVERSING SAID SOUTflERLY RJGHT-OF-WAY UNE BY THE FOLLOWING FOUR (4)
COURSES;
	SOUTHEASTERlY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 03° 56"52", AN ARC D[STANCE OF 546.17 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 925.00 FEET;
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE,. THRU A CENTRAL ANGLE OF 21° 52'22", AN ARC OF 353.12 FEET TO A POINT OF TANGENCY WITH A LINE'
SOUTH 56'22'38" EAST ALONG SAID L!NE, A DISTANCE OF 1338.62 FEET TO A PO[NT OF CURVATURE WITH A CURV!': CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 2075.00 FEET;
SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 58°55'22", AN ARC DISTANCE OF 2133.92 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT OF SAID CURVE BEARS NORTH 03°21'49"' WEST FROM THIS POINT>. SAID POINT ALSO BEING THE POINT OF BEGlNNlNG;

NOTE: THIS IS NOT A SKETCH OF SURVEY, bu! only o gropl1ic depicllon
of the descriplion shown hereon. There hos been no field work. viewing of	-	I
!he subjeCt property or monumetlts  se1 in conlll!ction  wilh  the preporolion     	\	,       A	)	fh  C;J-	',-	'26·  oG:
of lhe informolion shown hereon.	JJ	MORRIS, PROFESS10W\L SlRVEYOR	DATE Cf SlGNATUlE
NOTE:  Loods.shown hereon were 1101 al>slrocled /or right-of-way	ANDIM_¥'PER, f"LORIDA REGISTRA TJON NO. 4731
and/or easements of record.
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OB No. B737	ToRAWN, JDM	ICHECKED, MTK	IDESIGN,	ARCADJS	IDATE, 9-22-06	

FTL,1576682,3

ORDINANCE NO. 07-33

ARCADIS
ENGINEERS	PLANNERS	$URVEYOR8
590 NW Pe.icock 8I\ld, Suile 9, Porl St. Lode. Fl 34986 (772)878-1700• f x: {772) 876•1802• W!;!b: vr.vw.k1w-inc.cor11
We&t PaJm Beach • Port St. Lucie , Orlando • Veto Beach
EB 7Qf7 /  LB 1062	
DESCRIPTION TO ACCOMPANY SKETCH	

THENCE NORTH 10'18'26" WEST OEPARTING SAID PROPOSED SOUTHERLY RIGHT-OF-WAY LINE, A	
()!STANCE OF 328,81 FEET TO A POINT OF NON RADIAL !NTE:RSECT!ON Wl1H A CURVE. ·_CONCAVE	
TO THE NORTHEAST AND HAVING A RADIUS OF 8502.29 FEET (THE RADIUS POINT OF WHICH	
BEARS NORTH 79'38'59" EAST FROM THIS POINT>; THENCE NORTHWESTERLY ALONG THE ARC OF	
SAID CURVE, THRU A CENTRAL ANGLE OF 1"45'20", AN ARC DISTANCE OF 260.50 FEET TO THE	
POINT OF TANGENCY WITH A LINE; THENCE NORTH 08'35'41" WEST ALONG SAID LINE, A	
DISTANCE OF 23.75 FEET; THENCE NORTH 06'33'44" WEST, A DISTANCE OF 639.27 F.EEJ;	
THENCE NORT!:15 _:22•43" EAST, A DISTANCE OF 392.72"FEET; THENCE NORTH 64'02'38" EAST,	
A DISTANCE OF 804,69 FEET TO THE POINT OF NON RADIAL INTERSECTION WITH A CURVE	
CONCAVE TO THE SOUTl-iWES:f AND HAVING A RADIUS OF 171.25 FEET (THE RADIUS POINT OF	
WHICH BEARS SOUTH 16'30'14" EAST FROM THIS POINT; THENCE NORTHEASTERLY, EASTERLY AND	
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 104'16'4I", AN	
ARC DISTANCE OF 311.67 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A LINE CTHE	
RADIUS POINT OF SAID CURVE BEARS SOUTH 87'46'27" WEST FROM THIS POINT! THENCE SOUTH	
26'3_9'19"-EAST ALONG SAID LINE, A DISTANCE OF 732.16 FEET; THENCE SOUTH 30'11'31"-EAST,	
A DISTANCE OF 350.00 FEET TO A POINT OF INTERSECTION WITH SAID SOUTHERLY	
RIGHT-OF-WAY OF PROPOSED E/W 3 RIGHT-OF-WAY;	
THENCE TRAVERSING SAID SOUTHERLY RIGHT-OF-WAY UNE BY THE FOLLOWING TWO (2l	
COURSES:	
I. SOUTH 59'48'29" WEST, A DISTANCE OF 793.26 FEET TO THE POINT OF CURVATURE	
WITH A CURVE CONCAVE TO THE NORTHWEST ANO HAVING A RADIUS OF 2075.00	
FEET;	
2. SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 26'	
49'42", AN ARC DISTANCE OF 971.60 FEET TO THE POINT OF BEGINNING.	
CONTAINING 47.469 ACRES, MORE OR LESS.	

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JOB No.	8737	ToRAWN, JOM	Tc,icKm MTK -·	[oEswN,	ARCAD1s	IDAw	s-22-06	

FTL\576682:3

ORDINANCE NO. 07-33

ARCADlS
ENGIN SRb	PLANNERS	SURVEYORS
500 NW Peacock Btvcl, Sr.ilte 9,Port St. Lucie, FL 34006 (772J 678-1700• fax: (77:2} 876-1802• Web: wv..w.low-inc.com
Weet Palm Beach • Port St. Luoie • Orlando • Vero Bench
El'IW17/L87002.	
SKETCH TO ACCOMPANY DESCRIPTION

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UNPLATTED	\\	N64"02;38"E	b.=)04'16'411•
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6=3°56'52	.•,..    ·	N082'335.7'451'"W;..i-- ":I	'\., \  \	_..-
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DESCRIBED lN	2
0.R.B. 577, PG. 676	R=850229'	\	\\.
l;u		1'45'20"		1••	R• 975. 00' L=260.50'	<N.R.ll:)		2L9=•9,741.•6402' •
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UNPLATTED	32s.e1•	.O.B.	Sf .:,\li
'° t\\
-,,.,_'
NORTH LINE. Of 1..IINOS
\	DESCRIBED IN OR B. 166, PG. 168

L	z SOUTHLJNE OF SOUTI--ERN	L	NORTHRlGHT-OF-WAY LINE OF GROVES PARCEL (EXHIBIT "B"		SOUTH Fl. ORIDA WATER MANAGEMENT
0.R.8. 1536, PG.17031	DISTRICT CANAL C-23

P.O.C.	LEGEND	P.8. = PLAT 00()(
R,. RAfJIUS	f'.0.6. _.. POINT OF BEGINNJNv
lNTtRSECT!ON OF NORTH ll/'E OF LANOS OESCRIBEO	f.J=.     CENTRAL (I..NGlE	P.O.C. ,_ POINT OF COMMB>,tc:€.MENT IN ORB. 166, PAGE 168 ANO EAST lll-£ OF LAN)S	L., ARC LENGTH	P.C. "POINT OF CU,.VATIJ<:£
OESCR!BEO·!N O.R.B. 577, PAGE 676	OJi.8.,. OfFICtAL RECORDS BOOK	P.c.c. ,. POIN'f OF COMl;'OUNIJ CVR\/AfllRE
PG.= PAGE	P.T.,. POlNT OF TANGENCY

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OB No. B737	DRAWN: JDM	CHECKED: MTK	DESIGN:	ARCADIS	DATE; 9-22-06	

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fTU576682:3

MEMORANDUM

TO:

DONALD B. COOPER, CITY MAN

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THRU:

FROM:

ROGER G. ORR, CITY ATTORNEY/2

PAM E. H_AKIM, ASSISTANT CITY ATTORNW

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DATE:

MARCH 5, 2007

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SUBJECT:		PETITION FOR THE ESTABLISHMENT OF SOUTHERN GROVE COMMUNITY DEVELOPMENT DISTRICT (CDD #1)

Attached please find a letter and petition from Paul Fanning, Esq. of Core Communities, requesting the establishment of six community development districts ("COD") within the Southern Grove Development of Regional Impact ("ORI"). Each petition and ordinance are under separate memo. The first is the Southern Grove Community Development District #1. Also attached is a·copy of a check in the amount of $30,000 representing the application fees to the City of Port St Lucie for the establishment of the six CDD's. The petition for this COD includes the property owners' consent, the location and size of the property, the Board members, water, sewer, irrigation and drainage plans. The CDD is requesting all powers granted under Florida Statutes Chapter 190.

The petition includes a statement of estimated regulatory costs ("SERC") as required by statute. This provides the land uses and distribution proposed for the CDD. The justification statement for the establishment of the CDD and its ability to provide services to the district consistent with the City of Port St. Lucie's Comprehensive Plan is included within the SERC report.

Based upon the review of the information submitted and the Florida Statutes Chapter 190, the applicant meets the criteria set forth for the establishment of a Community Development District. Based upon the foregoing, I request that this item be placed on the City Council's agenda for consideration of the Community Development District #1 for the Southern Grove ORI. Should you have any questions or need any additional information, please do not hesitate to contact me at 871.5255.

PBH/dmf Attachment

c:	Roger G. Orr, City Attorney
Cheryl S. Friend, Director, Planning & Zoning (w/attachments) Karen Phillips, City Clerk

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CITY COUNCIL PORT ST. LUCIE, FLORI.DA

IN RE: PETITION FOR PROPOSED ORDINANCE PURSUANT TO SECTION 190.005(2), FLORIDA STATUTES, TO ESTABLISH SOUTHERN GROVE COMMUNITY DEVELOPMENT DISTRICT NO. 1
------------------I

PETITION FOR ESTABLISHMENT
OF A COMMUNITY DEVELOPMENT DISTRICT

Horizons Acquisition 5, LLC, a Florida limited liability company (the  "Petitioner"), being the owner of one hundred percent (I 00%) of the property (the "Prope1ty")  legally described on Exhibit A annexed hereto and made a part hereof, located in the City of Port St. Lucie, Florida (the "City") (other than the portion of the Prope1iy, if any, conveyed to the City for right-of-way and utility purposes), hereby petitions the CITY COUNCIL OF THE CITY OF PORT ST. LUCIE, FLORIDA (the "Council") in accordance with Section 190.005(2) of the Unifo11n Community Development Act of 1980, Chapter 190, Florida Statutes (the "Act") to establish a community development district comprising the Property (the "Disttict") pursuant to the Act and other applicable law, and in support thereof, hereby attests as follows:

That the Petitioner is a Florida limited liability company with its principal  place of business at 10521 SW Village Center Drive, Suite 201, Port St. Lucie, Florida, 34987.

Thal the land area to be served by the proposed District comprises approximately
47.469 acres.	All lands in the proposed area are located wholly within the jurisdictional boundaries of the City.

That annexed hereto as Exhibit A and made a part hereof is a metes and bounds description of the external boundaries of the proposed District. No real property within the external boundaries of the proposed District is to he excluded therefrom.

That annexed hereto as Exhibit B and made a part hereof is evidence of the  written consent to the establishment of the proposed District by the owners of one hundred percent (100%) of the real prope,ty to be included in the District.

That the following five (5) persons shall be the initial members of the Board of Supervisors of the proposed District, each of whom is a resident of the State of Florida and a

Fil:l 576692:2

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citizen of the United States, and each of whom shall serve in that office until replaced by elected members as provided in Section 190.006 of the Act:

Dan Richey

James H. Anderson

Jane Rowley

Shawn Reilly

Tom Babcock

That the name of the proposed District is "Southern Grove Community Development District No. l ."

That annexed hereto as Exhibit C and made a part herec,f is a map of the proposed District showing current major trunk water mains and sewer interceptors and outfalls.

That annexed hereto as Exhibit D and made a part hereof, based upon available data, is a good faith estimate of the timetable for construction of the proposed District's systems, services and facilities and the estimated cost of constrncting the same, both of which estimates are subject to change.

That annexed hereto as Exhibit E and made a part hereof is a designation of the future general distribution, location, and extent of public and private uses of land proposed for the area within the proposed District by the future land use plan element of the effective local government comprehensive plan.

l 0. That annexed hereto as Exhibit F and made a part  hereof  is  a  statement  of estimated regulatory costs in accordance with the requirements of Section I 20.54 l, l'lorida Statutes.

That the creation of the proposed District is not inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan.

That the Property to comprise the proposed District is of sufficient size, compactness, and contiguity to be developable as one functional interrelated community.

That the creation of the proposed District presents the best alternative  available for delivering the community development facilities and services to the Property that will be served by the proposed District.

That the community development facilities and services of the proposed District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities.

HL:1576692:2

,	..

Thal the Property to comprise the proposed District is amenable lo separate special-purpose government.

I 6.	Thal Petitioner requests the Council to consent to the District's exercise of one or more of the powers set forth in Section 190.012(2) (a), (b), (c), and (cl) of the Act, thereby enabling the District to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain systems and facilities for (I) parks and facilities for indoor and outdoor recreational, cultural and educational uses; (2) fire prevention and control, including water mains and plugs, fire stations, fire trucks and other vehicles and equipment; (3) school buildings and related structures, which may be leased, sold or donated to the school district, for use in its educational system, when authorized by the district school board; (4) security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, wben authorized by proper governmental agencies; except that the District may not exercise any police power, but may contract with appropriate local general-purpose government agencies for an increased level of such services within the District boundaries; and (5) that the Council further consent to the exercise by the District of the right and power of eminent domain, pursuant to Chapter 73, Florida Statutes and Chapter 74, Florida Statutes, over any property outside the boundaries of the District and within the City (except municipal, county, state and federal property) for the uses and purposes of the District relating solely to water, sewer, District roads, and water management, specifically including, without limitation, the power of eminent domain for the iaking of easements for the drainage of the land of one person over and through  the land of another; provided, however, that the Dist1ict shall exercise the eminent domain power only for uses and purposes contemplated by, consistent with or in furtherance of the requirements of approved development permits or development orders relating to the real property within the District. The foregoing powers shall be in addition, and supplemental, to the powers which the proposed District is entitled to exercise pursuant to the Act. Notwithstanding anything to the contrary set fotth herein, the District shall not operate or maintain any water and sewer facilities within its boundaries and all of such facilities shall be dedicated to and/or owned by the City.

That Petitioner requests the Council to approve tbe exercise by the District of its powers outside its boundaries for uses and purposes contemplated by, consistent with or in furtherance of the requirements of approved development permits or development orders relating to the real property within the District.

That all statements contained within this Petition arc true and correct.

WHEREl?ORE, Petitioner hereby respectfully requests the Council to:

Direct its staff to notice, as soon as practicable, a local public non-emergency hearing pursuant to the requirements of Section l90.005(2)(b), (c) and (e) of the Act to consider whether to grant the petition for the establishment of the proposed District and to enact an ordinance establishing the proposed District.

Grant the petition and enact an ordinance pursuant to the Act and other applicable law, establishing a community development district comprised of the Property  lo be known as the "Southern Grove Community Development District No. 1."

fll,1576692,2

RESPECTFULLY SUBMITTED this .;ls+"clay of I\Jove.,vnbe,.-, 2006.

HORIZONS ACQUISITION 5, LLC

£-,/-]		c:-?J
:	James H. Anderson··-
itle:  0/<?C,.A\ue.	U·,Q.Q..	y)re.s\clen+

STATE OF FLORIDA	)
) SS: COUNTY OF 5t-Lucie	)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid  and  in the County  aforesaid  to take acknowled 6>111e nts,  the foregoing instrument   was
acknowledged	before   me	by To.VV1,s  1--1· AY'cie;s,,r the	E-\J· P ·	of	HORIZONS
ACQUISITION  5, LLC,  a  Florida  limited liability company.	2"..lllJl1filSilltal.1¥-J<;,iwwr,J:o_JJ1e or who has produced 	as identification..

WITNESS my hand and official  seal  in  the  County and  State  last  aforesaid  this 6/lf'day of No1Je.M ber , 2006.

.
i>r	,"""""' 	

_

"·- ·.o,	EXPIRES. Ju,e 8. 2008

:::..\'o'i'p. ;. · Bomle<IThru No!ary Public Undel',\'fiters

MY COMMISSION I DD 327032

[,,,;fi-,<"1£t•·•·· ) MARY CHRISTINE MOORE

 	Q-Bu	'iY)m?
N lic
.  .	Mary Christine Moore	
Typed, printed or stamped name of Notary Public

fTL:1576692;2

EXHIBIT A

LEGAL DESCRIPTJON

ARCADIS
EKGIN ER8	PL NNER8	SUR EYORB
590 NW Peacock Blvd. Suile 9. Port St. Lucie. Fl 349!16
{772) 878-1700• fax: (772) 878-1802• Web: www.tnw,irn:.com
West Palm Beach • Port St. Lucie • Orlando • Vero Baach
EU 71ilf7  I  LB 700Z	
DESCRIPTION TO ACCOMPANY SKETCH

DESCRIPT!ON, C.D.D. NO. J-9-22-06,

A PARCEL OF LAND LYING IN SECTIONS 22 AND 27, TOWNSHIP 37 SOUTH, RANGE 39	EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRiBED AS FOLLOWS,

COMMENCE AT THE POINT OF INTERSECTION OF THE NORTH LINE OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 166, PAGE 168 WITH THE EAST LINE OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 577, PAGE 676, PUBLIC RECORDS OF SAID ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 00°05'34" EAST AS A BASIS OF BEARINGS ALONG SAID EAST LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 577, PAGE 676, A DISTANCE OF 10714.37 FEET; THENCE SOUTH 82°11'52" DEPARTING SAID EAST LINE, A DISTANCE OF 75.68 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF PROPOSED E/W 3 RIGHT-OF-WAY. SAID POINT ALSO BEING A POINT OF RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 7926.97 FEET;
THENCE TRAVERSING SAID SOUTHERLY RIGHT-OF-WAY LINE BY THE FOLLOWING FOUR (41
COURSES;
	SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 03' 56'52", AN ARC DISTANCE OF 546.17 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 925.00 FEET;
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 21' 52'22", AN ARC OF 353.12 FEET TO A POINT OF TANGENCY WITH A LINE'
SOUTH 56°22'38" EAST ALONG SAID LINE, A DISTANCE 6F 1338.62 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 2075.00 FEET;
SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE,
THRU A CENTRAL ANGLE OF 58°55'22", AN ARC DISTANCE OF 2133.92 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A LINE ITHE RADIUS POINT OF SAID CURVE BEARS NORTH 03°21'49" WEST FROM THIS POINT!. SAID POINT ALSO BEING THE POINT OF BEGINNING;

NOT(: fHIS IS NOT A SKETo-1 OF SURVEY, bul only o gropht<; dep1cl1on
of !Mc r1escr1pti0n shown he1eor'1. There tios beeri no field work, viewing of	--)		i(\
lhe subject properly or monumen1s  set in cormeclion  with !he preporol!on		L   ,.,	/ \	 		'7-   '16·  DC. of !he inforrnoh011 shown hereon.	.	,UL AN MORRJS. PR01"£SSIOMAL SURVEYOR		DATE o.- SIGNATURE NOT(:   Londs shown hereon were not obstrocted  for nght-o/-woy	ANDt PER, FLORIDA REGISTRATION NO 4731
ond/or eoseme111s of re,orct
SEE SHEET 3 OF 3 FOR SKETCH	-"\7 -799\B/JI\CDOs\Ul_jl•COD!- - ?-ITT,-!iDUl-" Q     9t2  /  0U6      ID  S28   •      rnr	SHEET 1 OF 3
JOB No,   8737	I DRAWN:    -	ICHECKED:  MTK	IDESJGN:    ARCADlS	IDATE:  9-22-06	

FTL:1576(192:2

.,

ARCADIS
EHGINEEAS	PLANN RS	$UAV YORS
590 NW Pm1coci<. Blvd, Suile 9, Port Sl. Lucie, Fl 34986
(772) 876·1700• foix: {77i} 878-1602• Wet>! 'lfWI.V.IOW•IIK;.00111
West Palm Boaoh , Port St. Lucio , Orlando • Vo,o Beach
Ell  7$117  I   U,   TOO	
DESCRIPTION TO ACCOMPANY SKETCH

THENCE NORTH 10°18'26" WEST DEPARTING SAID PROPOSED SOUTHERLY RIGHT-OF-WAY UNE, A DISTANCE OF 328.81 FEET TO  A POINT OF NON RADIAL  INTERSECTION  WITH  A CURVE  CONCAVE TO THE NORTHEAST ANO HAVING  A RADIUS OF 8502.29  FEET  (THE RADIUS  POINT  OF  WHICH BEARS NORTH 79°38'59" EAST FROM THIS POINT!; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 1°45'20", AN ARC DISTANCE  OF  260.50 FEET  TO  THE POINT OF TANGENCY WITH  A  LINE;  THENCE NORTH  08'35'4 l" WEST  ALONG  SAID LINE,  A DISTANCE OF  23.75  FEET;  THENCE  NORTH  06°33'44"  WEST,  A  DISTANCE  OF  639.27  FEET; THENCE  NORTH 59°22'43" EAST,  A    DISTANCE  OF  392.72  FEET;  THENCE   NORTH  64'02'38"  EAST, A DISTANCE OF 804.69 FEET TO THE POINT OF NON RADIAL  INTERSECTION  WITH  A  CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 171.25 FEET (THE RADIUS POINT  OF WHICH BEARS SOUTH 16°30'14" EAST FROM THIS POINT; THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF  SAID CURVE, THRU A  CENTRAL  ANGLE OF  104°16'41",  AN ARC DISTANCE OF 311.67 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A LINE  (THE RADIUS POINT OF SAID CURVE BEARS SOUTH 87'46'27" WEST FROM THIS POINT) THENCE SOUTH 26°39'19"  EAST  ALONG  SAID UNE, A  DISTANCE  OF  732.16  FEET;  THENCE  SOUTH  30°11'31"  EAST, A DISTANCE OF 350.00 FEET TO A POINT OF INTERSECTION WITH SAID SOUTHERLY
RIGHT-OF-WAY OF PROPOSED E/W 3 RIGHT-OF-WAY;

THENCE TRAVERSING SAID SOUTHERLY RIGHT-OF-WAY LINE BY THE FOLLOWING TWO (21
COURSES;

I. SOUTH 59°48'29" WEST, A DISTANCE OF 793.26 FEET TO THE POINT  OF  CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST  AND HAVING  A RADIUS OF  2075.00 FEET:
2. SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 26'
49'42", AN ARC DISTANCE OF 971.60 FEET TO THE POINT OF BEGINNING. CONTAINING 47.469 .ACRES, MORE OR LESS.

SEE SHEET 3 OF 3 FOR SKETCH	l'\lil -19'.l\a737\::ilDs\BJJl•C t!-9-2  -:i  -  G 1.,,.g     9/i!S/i:ctL     u,•,!i  -ffi   M    mi	SHEET 2 OF 3	
JOB No. 8737	TDRAWN:  JDM	I CHECKED: MTK	] oESlGN:	ARCADIS	!DATE: 9-22-	

Ffl:1576692:2

ARCADIS
ENOINEERB	Pt..,1,NNERtl	SURVEYOflS
590 NW Peacock Blvd, Suite 9. Port St, Lucie, FL .34966
(772) 678-1700• fa:,;; {772) 878-1802• Wt:O; 1w,11.1nw-lnc.corn
West Palm Beach • Port St. Lucio • Orlando • Voro Beach
EB  7917  I LB 7002

SKETCH TO ACCOMPANY DESCRIPTION

C-

UNPLATTED

(N.R.)	l'r104"16'4h"

r

R=l71.25'

SCAU:, I" " 800'

I\	N64"02'38"E

L=31167'

Ii I I

S82"11'52 £
15.68'

R=925.00' Ll=2r52'22" L=353.12'

804.69'	'
\   1	S26"3$'19"E
N59'22'43"E _	\\ \	:::::-------L	/	732116'
392.72•	),	<.:' $16"30'14'£

111i11·r /P.C.C.   ",,1'.!:,"q.,	(5	\	MO	S30'11'31°E

-"	·;;;:;:: ."' 

SECTlON22	C'1

(J)

S87'4R6A'O27. "W	,--3®•oo-

..._,' ---fo,yfq,/	SECTION 27	.. ""Qt--

 	J._j

"
II' I I

1	11

R=7926.97'
b... 3•55•52·
L""-546.17'

ss6,o -0: ,1,	t	\ \	t,,lcl·

'&6J et	4

'J-s.,.-2•:--.'  -1-y_Zr	-'	'_\
>-     N08'35'41"W  ::,: •	\    ,\
23.75'---	\,\

""'

PT	li	"f.-
..	'
R•2075.oo·J  :::-	-_-      - -	\\\

!111

EAST LINE OF LANDS
OESGRlBED IN

t: ; it

1 \ 	\

O.RB. 577, PG. 676

R=8502 29'	;;I	\

R=J,?!)75.00'

lw
;i;
m
0

&1'45'20"	1l	&21?".4 '42"
L=260 50'	t	/	L=971.60'
·	N10I l,ds·w  L	P.O.B.	,;,\ \ \

n:

0

J

0	UNPLATTEO

LL	 	

NORTH UNE OF LANDS
\	DESCRIBED IN O.R.B. !66, PG. 168

328.81'	(<.,\:

\

'r.,_ \'\
".L  '\

SOUTH LlNE OF SOUTHERN GROVES PARCEL (EXHJB/T "B'' 0.R.B. 15216, PG.1703)

L	NORTHRIGt-!T-OF-WAY LINE OF SOUTH FLORIDA WATER MANAGEMENl
DISTRICT CANAL C-23

P.O.C.
]NTEflSECllON Of NORTH LI, OF LANDS DESCRIBED
!N O.R.8. 166, PAGE 168 AND £AST LIN€ OF L/tr-05 Df.SCRUJED IN O.RB. 577, Pf\GE 676

LEGEND
R ,. RADIUS
D." CENTRAL ANGLE L = ARC LENGTH
O.RO. "'OfflC[Al RfCOR:05 BOOK
PG. "PAO£:

f'.8. "'PLAT BOOK
P.O.B. = POJNT Of BEGINNING
P.0.C. POINT OF CO.VMENCEM(NT
P.C. "PO!tH OF CU"{VATUAE
P.C.C. ., POINT OF COMPOUM) CURVATURE. P.T.,. POINT Of TANGEl\'CY

SEE SHEETS I  & 2   OF  3  FOR   DESCRIPTION  "•VJD•7 <J,m1\cD o, 1J1-;oc1-?•a   Qt>·sJ:Ol•.,.s   •m5/N  ,;   n.c1,11.  M'  ;::nr   SHEET  3   OF  3 J08 No.  B737	DRAWN: JDM	CHECKED: MTK	DESIGN,  ARCADIS	OATE, 9-22-06

FTL: J 576692;2

EXHIBIT B

EVIDENCE OF WRITTEN CONSENT OF OWNER'S CONSENT TO ESTABLISHMENT OF
SOUTHERN GROVE COMMUNITY DEVELOPMENT DISTRICT NO. l

Horizon Acquisitions 5, LLC, a Florida limited liability company (the "Owner"), hereby certifies that it is the owner of approximately 47.469 acres of certain real property (the "Property") located in Port St. Lucie, Florida (the "City") as such Property is legally described in the petition to which this consent is attached (other than the portion of the Property, if any, previously dedicated to the City). By signing below, the Owner hereby gives its full consent to the establishment by the City Council of the City of the SOUTHERN GROVE COMMUNITY DEVELOPMENT DISTRICT NO. 1 (the "District") in accordance with Section 190.005, Florida Statutes, and to the inclusion of the Property owned by it within the boundaries or the proposed District. The Property comprises 100% of the property to be included within the boundaries of the proposed District and is more fully described in the petition to which this consent is attached.

IN WITNESS WHEREOF, the undersigned has hereunto set his hand this Q8-i>,day of 1:,ltNe.rn6« , 2006.

By:

CQUISITIONS 5, LLC

,,,.<;/ 

..E:v..b

N&-	. James H. Anderson
e: C,'1.ecu..:l-lve \)1ee. Qr1c,s·1de.A+,

STATEOFFLORlDA	)
) SS: COUNTY OF 5	·l-.v1c.\e	)
HEREBY CERTIFY that on this day, before me, an officer duly authorized in the  State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before· me  by  :lo.roes  i-\.  Arder&M,  the  f.  U · P ·  of  HORIZON ACQUISITIONS 5, LLC, a Florida limited liability company. He is personally known to me or
who has produced 	as identification.

WITNESS my hand and  official  seal  in  the  County  and  State  last  aforesaid  this ol&'1'1 day of \lovem\:iec, 2006.	·,
-   /I

,·:,/i.lltJ; ..	MARY CHRISTINE MOORE

/•;'°A\,\ MY COMMISSION I D0327032
; · Y	EXPIRES: June 8, 2008
'•·:f; t,;1 -· BoMW ThruNo!aiy Poo!iG Undorwri!ers

NMoatary\yG.Pfuin\islitlne Moore
Typed, printed or stamped name of Notary Public

fTL:1576692:2

B-1

EXHIB.IT C

MAP OF  PROPOSED DISTRICT

    ARCADIS
590 NW Peacock Blvd, Suite 9, Port SI. Lucie, FL 349B6
{772) 671J-.1700 fax: (772) 878-1802 Web: www.arcadis-us.com
Wast Palm Beach • Port St. Lucie • Orlando • Vttro Boac:h
EB71'f7/L.S7	
SKETCH OF SOUTHERN GROVE CD0-1-9-22-06 EXHIBIT 'C'
MASTER STORM WATER, SEWER AND WATER
(NONE)
\\	.
\  \
\   \
\	ICDD-61
\ \

-<>';;,
·i;,{<
f-,l.-vC)
\    \    -y,.L'i('
!CDD-4 I
'
LEGEND	CDD-1
AC.	"ACRES	ACRES a	47.47
COD	a    COMMINITY DEVELOPMENT DISTRICT	LAND USE: N.C.D.
M.P.U.0. a  MASTER PLANNED UNIT DEVELOPMENT	ZONNJNG:  TBD
N.C.0.	a    NEW COMMUNITY DISTRICT	SHEET  I OF I
p,\IG0-1 \&137\ fi-CDDs\B5S1-Ca 1-,-U-06-rl'l+l8lf-... 11 U/J/2 06 10-Z6-l " Ul	
JOB No.  8737	DRAWN: JDM	CHECKED: MTK	DESIGN:  ARCADIS	DA TE: 9-22-06	

FTl.:157( ►6 92:2

C-1

Exhibit D

Good Faith Estimate and Timetable for Construction of the Proposed District's Systems, Services and Facilities

Category
Community Infrastructure	2006-10	2011-15	2016-20	2021-2025	Total	
Major Roadways and appurtances	$20,180,954	$24,584,364	$6,762,632	$3,117,994	$54,645,944	
Annexation Roadways/interchanges	$83,768,699	$0	$0	$0	$83,768,699	
Exactions for other improvements	$8,755,385	$0	$0	$0	$8,755,385	
Other Community Infrastructure	$69,004,143	$49,288,674	$49,288,674	$29,573,204	$197,154,696
::::::==========	

Total Community Infrastructure	------------
$181,709,181	;;:;:;;:;;;;:;===:::==::::::::
$73,873,037	:::======= -=-..
$56,051,305	;:;::;:=======;::===
$32,691,199	
$344,324,722	

District Infrastructure Costs						

CDD#1	
$922,369	
$658,835	
$658,835	
$395,301	$2,635,340	
CDD#2	$12,723,567	$9,088,262	$9,088,262	$5,452,957	$36,353,048	
CDD#3	$22,788,105	$16,277,218	$16,277.218	$9,766,331	$65,108,872	
CDD#4	$24,520,118	$17,514,370	$17,514,370	$10,508,622	$70,057,480	
CDD#SA	$9,862,201	$7,044,429	$7,044,429	$4,226,657	$28,177,716	
CDD#6

Total District Infrastructure	$30,248,506
;;::::======::::=-=
$101,064,866	$21,606,076
::;::::::::::=========
$72,189,190.	$21,606,076
:::::::::::::;::::::;::::;:;,:::::
$72,189,190	$12,963,646
==.::=;::::::::::::::;:::;:
$43,313,514	$86,424,304
=====:::======
$288,756,760	
	
:::::;::::::;::::;:;::::::;::	;;;;:::;:::::::=======	::::::::::;;::::;;;:;;:::;:;:;;::::::	===-=::::::::::::;-::::::	:;;:;:::;;:;:;:::;;;:;::::::;:::,;::;:::	
Grand Total Community and						
District	 	$282,774,047	$14Mll2,227   .     $12§,24_0,495	$76,004,713	$633,081,482

EXHIBITE

DESIGNATION OF THE FUTURE GENERAL DISTRIBUTION, LOCATION AND EXTENT OF PUBLIC AND PRIVATE USES OF LAND PROPOSED FOR
THE AREA WITHIN THE PROPOSED DISTRICT

   ARCADIS
590   NW   Pe.iCQCk Blvd, Suite 9, Porl St Lucie, FL 34986
(772) 878-1700 rax: (772) 87S-1B02 Web: WW',','.arcadJs.us.com
West Palm Beach • Port St. Lucie • Orlando • Vero Beach
EB 1rm ,  t..e rooi	
SKETCH OF SOUTHERN GROVE CDD-1-9-22-06 EXHIBIT 'E'
\  \	l
\ \
\   \
\	iCDD-6!
\ \

jCDD-1i

">-Lvz
\ <
£-"<;:..
\	'9',L\.
iCDD-4 /	\ \

LEGEND	CDD-1-9-22-06
AC.	a   ACRES	ACRES" 47.47
COD	a   COMMINITY DEVELOPMENT DISTRICT	LAND USE, N.C.D.
M.P.U.D.  "  MASTER PLANNED UNIT DEVELOPMENT	ZONNING, TBO
N.C.D.	a NEW COMMUNITY DISTRICT
P-.n0"79 \ 7Jl\ G- 'h\!S6',-::DDl- -Ci.'·0 •(:u!IJ(;•ii-.U•9   1\.'lN;Ollf,    10 4.  _.,.  tSI	SHEET ! OF 1	
JOD No.	8737	DRAWN: JDM	CHECKED: MTK	DESIGN,	ARCADJS	DA TE, 9-22-06	

FTL:1576692:2

E-1

Exhibit F

Statement of Estimated Regulatory Cost

STATEMENT OF ESTIMATED REGULATORY COSTS
Southern Grove Community Development District No. 1

Introduction

Purpose and Scope

This statement of estimated regulatory costs ("SERC") supports the petition to form the Southern Grove Community Development District No. 1 ("District" or "COD"). The proposed District comprises approximately 47.469 acres of land on which Core Communities ("Developer") plans to develop a portion of its Southern Grove project ("Development") as described below. The District is one of  a family of six CDDs proposed to provide community infrastructure and services to the Development. As discussed below, this structure of six CDDs provides the most efficient means of planning, financing, constructing, operating and maintaining the infrastructure and services necessary to support the Development.

The Development is a large-scale, mixed-use, community comprising approximately 3,605 total acres. The Development plans include 5,833 single­ family homes, 1,555 multifamily homes, and 2,164,061 square feet of commercial/retail space, 2,073,238 square feet of offices, 500 hotel rooms, and 1,999,405 square feet of warehouse/industrial space. To support this development program the six Districts would fund, in the aggregate, approximately $633,000,000 for COD infrastructure by issuing approximately
$785,000,000 in total debt funding. The District proposes to provide infrastructure and community services to a portion of the Development as described more fully below.

The limitations on the scope of this SERC are explicitly set out in Section 190.002(2)(d), F.S. (governing District formation or alteration) 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."

Overview of the proposed Community Development District

As noted above, the proposed District would provide community infrastructure, services, and facilities along with their operations and maintenance, to a portion of the Development. The Development plans for the 3,605 acres are  summarized in Table 1. These are preliminary plans and are subject to change.

Table 1. Planned Land Uses In the Southern Grove Development

Land Uses	Units/Square Feet/Rooms	
Single-family homes	5,833	
Multifamily homes	1,555	
Commercial/retail (square feet)	2,164,061	
Office (square feet)	2,073,238	
Hotel (rooms)	500	
Warehouse/Industrial (square feet)	1,999,405	

Source: Developer preliminary subject to change

Requirements for Statement of Estimated Regulatory Costs

Section 120.541(2), F.S. (2002), defines the elements a statement of estimated regulatory costs must contain:	·

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.

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.

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.

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, F.S. The City of Port St. Lucie is not defined as a small city for purposes of this requirement.

Any additional information that the agency determines may be useful.

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 or the reasons for rejecting the. alternative in favor of the proposed rule.

2.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance.

As noted above, the proposed District will provide infrastructure and community services to a portion of the Development comprising approximately 7,300 dwelling units along with more than 6,500,000 square feet of commercial, retail, office, warehouse, industrial, and hotel space planned for approximately 3,605 acres. All of the ultimate property owners in the District will be required  to comply with District rules and their properties will be encumbered with District obligations .to pay for infrastructure and operations and maintenance expenses incurred by the District. Of course prior to the sell out of the real estate all of the undeveloped land owned by the Developer and any other landowner will also be under the jurisdiction of the District.

3,0 Good faith estimate of the cost to state and local government entities, of implementing and enforcing the proposed ordinance, and any anticipated effect on state and local revenues.

Costs to Governmental Agencies of Implementing and Enforcing Ordinance State Governmental Entities
There is no cost to State entities to review or to enforce the proposed ordinance.
Since the District comprises less than 1,000 acres, the City of Port St. Lucie is the reviewing agency for the petition.

There are only modest additional ongoing costs to various State entities to implement and enforce the proposed ordinance. If approved, the District will be special purpose unit of local government. The District is required to file various reports to the State of Florida, the Department of Community Affairs and other agencies of the State. The filing requirements are outlined in Appendix A. The cost to the State and its various departments to process additional reports filed by the District will be very small since the State already collects these reports from numerous other units of government. The addition of one more set of reports will have very little cost impact. Finally, the District must pay a small annual filing fee to the Department of Community Affairs to help offset the costs to the State from the additional paperwork.

City of Port St. Lucie

The City of Port St. Lucie ("City") will receive the petition to form the proposed District. The City will review and act upon the petition. These activities will absorb some time and resources of the City staff and City Council. However, these costs are very modest at most for the following reasons.

First, the review of this petition to formthe·District does not include an analysis of the Development itself. In fact, such a review of the Project is prohibited by statute. Second, the petition contains all of the information necessary for its review. Third, the City already has all of the staff necessary to review  the petition. Fourth, no capital costs are involved in the review. Fifth, the City is familiar with CDDs, a number of which already exist in the City. Sixth, the City routinely processes similar requests that are far more complicated than this petition to form the District. Finally, the filing fee will offset these costs.

The City will incur only a small additional annual cost if this petition is approved. The proposed District would be an independent unit of local government, so the District is responsible for its own budget, reporting, and the full conduct of its powers within its boundaries. The District will provide the City with its budget each year, but no City action is required.

Impact on State and Local Revenues

Adoption of the proposed ordinance will have no negative impact on State or local revenues. The District is an independent unit of local government. It is designed to provide community facilities and services to serve the development. II 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. By State law debts of the District are strictly its own responsibility.

4.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance
As noted above, the District is one of a family of six CDDs proposed to plan, fund, construct, operate and maintain community facilities and services both within the boundaries of the various Districts and offsite as well. The Development comprises some 3,605 acres planned for a large-scale, mixed-use development project comprising more than 7,300 dwelling units and over 6,500,000 square feet of commercial, retail, office, hotel, warehouse, and industrial space. A development program of this scale and magnitude requires a very large investment in infrastructure estimated to cost over $633,000,000 in real 2006 dollars (without inflation). To fund this infrastructure program the Districts would issue approximately $785,000,000 in bonds.

As described below, a portion of this infrastructure is for oflsite improvements for major roadways and other infrastructure systems connecting the Development to surrounding developments and to the City. These facilities serve all six of the Districts and benefit property within all of the Districts. These facilities will be termed Community Infrastructure. In addition, there are significant onsite improvements within each of the six Districts that primarily benefit properties located exclusively within each of the six Districts. These facilities will be termed District Infrastructure. The most efficient manner to plan, fund, construct, operate and maintain the Community Infrastructure and the District Infrastructure is to set up six Districts to serve the entire Development. The Districts will enter into a series of lnterlocal Agreements with each other whereby the Districts can coordinate the planning, funding, construction, operations and maintenance of the Community Infrastructure while at the same time retaining the ability to plan, fund, construct, operate and maintain District Infrastructure needed to support development within their particular District. Since the land uses vary across the six Districts in material ways, this structure is very efficient. This the same structure used successfully at Tradition with its family of Districts.

The Districts plan to provide various community facilities and as outlined in Table
2. The Districts plans to fund all of the facilities outlined in Table 2. The roadways will be dedicated to the City, County or State of Florida depending upon the roadway. The parks and recreational facilities,  stormwater management system, water and sewer lines, lift stations and appurtenances will be dedicated to the City. The Districts will retain ownership of the landscape, streetscape and signage and the Districts (or one of the Districts to which authority has been delegated by the other Districts) will maintain these facilities.

Table 2. Proposed Facilities and Services

FACILITY	FUNDED BY*    O&M BY	OWNERSHIP

Public Roads on and oflsite	COD

Storm water management	COD
Water  and sewer utilities	CDD Parks and recreational facilities COD Landscape,	streetscape, COD siqnaqe

City/County/ State City/CDD City City/COO CDD

City/County/ State City/COD City City/COD COD

*Portions of the facilities may be funded by a special assessment district formed by City.

The petitioner has estimated  the costs  for  providing  the capital  facilities outlined in Table 2, and these are shown in Table 3 below.  Total costs for these  facilities are estimated to be approximately $633,000,000. To fund  this  construction program the Districts (or one of the Districts to  which  authority  has  been delegated by the other Districts) may issue special assessment or other revenue bonds in phases with an estimated total cost of $785,000,000. These would be repaid through non-ad valorem assessments levied on all properties in the

Districts that may benefit from the capital improvement program as·outlined in Table 2.

Table 3. Summary of Estimated Capital Costs for Community and District Infrastructure Southern Grove Community Development Districts

Category	2006-10	2011-15	2016-20	2021-2025	Total
Community Infrastructure
Major Roadways and appurtances	$20.180,954	$24,584,364	$6,762,632	$3,117,994	$54,645,944 Annexa1ion Roadways/interchanges	$83,768,699		$0		$0		$0	$83,768.699 Exactions for other Improvements		$8,755,385		$0		$0		$0		$8,755,385
Other Communily Infrastructure	$69,004,143            $49,28B,S14	$49,288,674	$29,573,204            $197,154,696

=====------= =---::: 	

----  ==========-=	============

Tolal Community Infrastructure	$181,709,181	$73,873,037	$56,051,305	$32,691,199	$344,324,722

District Infrastructure Costs

C00#1	$922,369	$658,835	$658,835	$395,301	$2,635,340
CDD#2	$12,723,567	$9,088,262	$9,088,262	$5,452,957	$36,353,048
C00#3	$22,788,105	$16,277,218	$16,277,218	$9,766,331	$65,108,872
COD#4	$24,520,118	$17,514,370	$17,514,370	$10,508,622	$70,057,480
COD#5A	$9,862,201	$7,044.429	$7,044,429	$4,226,657	$28,177,716
COD#6	$30,248,506	$21,606,076	$21,606,076	$12,963,646	$86,424,304
======-----=	============ ----======-- ------------	============
Total District lnfrastruclure	$101,064,866	$72,189,190	$72,189,190	$43,313,514	$288,756.760
============ ------------ ----==::::::::::::::::::: ============ :
Grand Total Community and District	$282,774,047	$146,062.227	$128.24(),,!_9_!;_   .   $76,004,713	$633,081.482

Source: Developer and Fishkind and Associates, Inc.

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.

It is important to note that the various costs outlined in Table 3 are typical for developments of the type contemplated here. In other words, there is nothing peculiar about the Districts' financing that requires additional infrastructure over and above what would normally be needed. Therefore, these costs are not in addition to normal development costs. Instead, the facilities and services provided by the Districts are substituting in part for developer-provided infrastructure and facilities. Along these same lines, District-imposed assessments for operations and maintenance costs are similar to what would be charged in any event by a property owner's association common to most master planned developments.

Real estate markets are quite efficient, because buyers and renters evaluate all of the costs and benefits associated with various  alternative  locations. Therefore, market forces preciude developers from marking up the prices of their products beyond what the competition allows. To remain competitive the operations and maintenance charges must also be in line with the competition.

Furthermore, locating in the District by new residents is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the District's costs in tradeoff for the benefits that the District provides.

The District is an alternative means to finance necessary community services. District financing is no r_nore expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, City provision (directly or via a dependent special district), or through developer-bank loans.

5.0 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, F.S.

There will be no impact on small busir.iesses because of the formation of the proposed District. If anything, the impact may be positive. This is because the District must competitively bid certain of its contracts. This affords small businesses the opportunity to bid on District work.

The development is located in the City of Port St. Lucie. As of the latest Census date, the 2000 Census, the City has a population of more than 50,000. Therefore, the proposed District is not located in a City defined as a "small" according to Section 120.52, F.S.

6.0	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.

Finally, it is useful to reflect upon the question of whether the proposed formation of the District is the best alternative to provide community facilities and services to the Development. As an alternative to the District, the City could approve a dependent special district for the area, such as an MSBU or a special taxing district under Chapter 170, F.S. Either of these alternatives could finance the improvements contemplated in Table 2 in a fashion similar to the proposed
District.

However, each of these alternatives is inferior to the District. Unlike the District the alternatives would require the City to continue to administer the project and its facilities and services. As a result, the costs for these services and facilities would not be sequestered to the land directly benefiting from them, as the case would be with the District. In addition, administering a project of the size and scale contemplated herein would make little sense for the City.

A District also is preferable from a government accountability perspective. With a District as proposed, residents and renters in the District would have a focused unit of government under their direct control. The District can then be more responsive to resident needs without disrupting other City responsibilities.

Another alternative to the District would be for the developer to provide the infrastructure and to use a property owners association (POA) for operations and maintenance of community facilities and seNices. A District is superior to a POA for a variety of reasons. First, unlike a POA a District can impose and collect its assessments along with other property taxes. Therefore, the District is far more assured of obtaining its needed funds than is a POA. Second, the proposed District is a unit of local government. Therefore, unlike the POA the District must abide by all governmental rules and regulations.

Fishkind & Associates certifies that this SERC meets the requirements for a SERC as set out in Chapter 120.541, F.S.

We have developed over 50 SERCs. Below is a listing of some of these.

Tradition Community Development Districts 6-10 Montage Community Development Districts 1-6 SpringHills Community  Development  District Urban Orlando Community Development District Marshall Creek Community Development District Cedar Hammock Community Development District Meditera Community Development District
Brooks Community  Development  District Pelican Marsh Community Development District
Pelican Landing Community Development District
Fiddler's Creek Community Development Districts 1 and 2

APPENDIX A
LIST OF REPORTING REQUIREMENTS

FLORIDA
STATUTE
REPORT	CITE	DATE

Annual Financial Audit	11.45	12 months after end of fiscal year Annual Financial Report (AFR)	218.32	by March 31
TRIM Compliance Report	200.068	130 days after

Form 1 - Limited Financial Disclosure	112.3144	by July 1

Public Depositor	215	by November 15

Proposed Budget	218.34	by September 1

Public Facilities Report	189.415	March 1
Public Meetings Schedule	189.417	beginning of fiscal year Bond Report	218.38	When issued
Registered Agent	189.417	30 Days after

-·..,	·•...

Draft #2 [CDD 1/Southern Grove]

NOTICE OF HEARING

Notice is hereby given that a hearing will be held on the_ day of  	  •2'006, at
 		p.m. in the City Council  Chambers,  121  S. W. Port St. Lucie Boulevard,  Port St. Lucie,
Florida, before the City Council of the City of Port St. Lucie, Florida, to consider the elements of a petition filed to establish a uniform community development district to be known as Southern Grove Community Development District No.  I  as authorized  and  provided  for in Chapter 190,
Florida Statutes.	The  information  presented  at  this  hearing  wi.ll  also  be  used  to  afford the
petitioner, any affected units of local government, and the general public, a fair and adequate opportunity to appear and present oral and written comments regarding the establishment of the district.
The specific legal authority for the establishment of the district is Sections I 90.004 and
, Florida Statutes.
The land area to be served -by the district is located in Port St. Lucie, Florida and comp1ises approximately 47.469 contiguous acres. The boundaries of the properties to be serviced by the proposed Southern Grove Community Development District No. I are outlined in the map depicted in this notice. There is no real property within the boundaries of the district which will be excluded from the distlict.
If adopted, the ordinance will establish a uniform community development district and
designate the land to be serviced by the district. A community development district government is a mechanism to ensure the provision of infrastructure subject to state and local regulatory requirements governing the lawful use and development of the property. Creation and establishment of a district pursuant to Chapter 190, Florida Statutes, is not a development order under Chapter 380, Florida Statutes. All planning, permitting and other regulatory requirements pertaining to development within the land area will be in accordance with general and  special law and applicable ordinances.
The City Council complies with Section 190.005(2), Florida Statutes, in conducting this
public hearing. The purpose of this hearing is to consider the relationship of the petition as submitted to the six factors listed in Section l 90.005(l)(e), Florida Statutes. These six factors are as follows:

-01..J	•

All statements in the petition have been found-to be true and correct;
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;
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;
The district is the best alternative available for delivering community development services and facilities to the area that will be served by the district;
The community development services· and facilities of the district will not be incompatible with the capacity and uses of existing local arid regional community development services and facilities; and
The area that will be served by the district'is amenable to separate special-district government.
An independent economic impact analysis prepared by Fishkind & Associates, Inc. has determined the categories of persons who may be affected by the economic consequences of the proposed district's establishment: the State of Florida and its citizens, the City of Port St. Lucie and its citizens, the petitioner, present and future owners of property within the areas to be serviced by the district. The economic impact analysis anticipates the costs and benefits derived from the district's establishment and operation and describes the costs and benefits in detail.
A copy of the full text of the Southern Grove Community Development District No. 1 economic impact statement along with a copy of the full text of the petition and its documentation, is available for review at the office of the City Clerk, 121 S. W. Port St. Lucie Boulevard, Port St. Lucie, Florida.

CITY OF PORT ST. LUCIE, FLORIDA

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