02-001344 In Re: Petition For Rule Amendment - Gateway Services District vs. * Status: Closed Recommended Order on Friday, August 9, 2002.

Summary: Petition to contract an existing community development district complied with statutory criteria.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: PETITION TO CONTRACT ) Case No.: 02 - 1344

THE GATEWAY SERVICES )

DISTRICT, )

_______________________________)

REPORT TO THE FLORIDA LAND AND WATER

ADJUDICATORY COMMISSION

Pursuant to Sections 190.046(1)(g) and 190.005(1)(d),

Florida Statutes, and Rule 42 - 1.012, Florida Administrative

Code, Charles A. Stampelos, Administrative Law Judge,

conducted a local public hearing on July 16, 2002, at 1:00

p.m., in Fort My ers, Lee County, Florida, for the purpose of

taking testimony and public comment and receiving exhibits on

the Petition of Gateway Services District (Petitioner) to

contract the Gateway Services District.

APPEARANCES

For Gateway Services District (now know n as Gateway

Services Community Development District):

Erin McCormick Larrinaga, Esquire

Fowler, White, Boggs, Banker, P.A.

501 East Kennedy Boulevard

Suite 1700

Tampa, Florida 33602

STATEMENT OF THE ISSUE

The sole issue to be addressed is whether the Pet ition to

contract the Gateway Services District meets the applicable

criteria set forth in Chapter 190, Florida Statutes, and

Chapter 42 - 1, Florida Administrative Code.

PRELIMINARY STATEMENT

On January 31, 2002, the Petitioner filed the Petition to

cont ract the Gateway Services District with the Secretary of

Florida Land and Water Adjudicatory Commission (Commission),

the City of Fort Myers, Florida, and Lee County, Florida. An

Addendum to the Petition was filed with the Secretary of the

Commission on o r about March 25, 2002. A Second Addendum to

the Petition was filed with the Secretary of the Commission on

or about July 16, 2002. A Third Addendum to the Petition was

filed with the Secretary of the Commission on or about July

25, 2002. A copy of the Petition, including its exhibits, and

the First, Second, and Third Addenda, was received into

evidence as Petitioner's Composite Exhibit 9.

On April 2, 2002, the Secretary of the Commission

certified that the Petition contained all required elements,

as d efined in Section 190.005(1)(a), Florida Statutes, and

forwarded it to the Division of Administrative Hearings for

the purpose of conducting the local public hearing required

under Sections 190.046(1)(g) and 190.005(1)(d), Florida

Statutes.

The Commission published a Notice of Receipt of Petition

in the Florida Administrative Weekly on May 17, 2002. A copy

of the Notice of Receipt of Petition was received into

evidence as Petitioner's Exhibit 8.

The local public hearing was scheduled in Fort Myers, Lee

C ounty, Florida, for Tuesday, July 16, 2002, at 1:00 p.m. The

Petitioner published notice of the hearing in accordance with

Sections 190.046(1)(g) and 190.005(1)(d), Florida Statutes.

The Proof of Publication of the Notice of Local Public Hearing

was rece ived into evidence as Petitioner's Exhibit 4.

The land currently within the District is located

partially within the unincorporated Lee County, and partially

within the incorporated City of Fort Myers, Florida. All of

the property proposed for Contractio n from the District is

located within the City of Fort Myers, Florida.

Sections 190.046(1)(d)3. and 190.005(1)(c), Florida

Statutes, provide that the county and each municipality

containing all or a portion of the lands within the proposed

District has th e option to hold a public hearing within forty -

five (45) days of the filing of the petition.

The City Council of the City of Fort Myers, Florida

elected to hold such a hearing on March 4, 2002. After the

public hearing, the City Council adopted a resolut ion in

support of the contraction of the Gateway Services District.

A certified copy of the resolution was received into evidence

as Petitioner's Exhibit 5.

The Board of County Commissioners of Lee County elected

to hold a hearing on June 25, 2002. Afte r the public hearing,

the Board of County of County Commissioners adopted a

resolution in support of the contraction of the District. A

certified copy of the resolution was received into evidence as

Petitioner's Exhibit 6.

At the local public hearing on July 16, 2002, the

Petitioner presented the testimony of John Gnagey (Gnagey)

Principal of The Worthington Group; James P. Ward (Ward) Vice

President of Operations for Severn Trent Environmental

Services, Inc., and an expert in special district and communi ty

development district management, operations, planning and

finance; Andrew D. Tilton (Tilton), Director of Water Resources

for Johnson Engineering, Inc., and an expert in civil

engineering with an emphasis in public infrastructure design,

permitting, and cost estimation in construction for special

districts and community development districts; and Carey

Garland (Garland), an associate with Fishkind and Associates,

Inc., and an expert in economics and finance, including

financing and the use of community d evelopment districts and

special taxing districts. The full names and addresses of

Petitioner's witnesses are attached to this Report as Exhibit

A. Petitioner's Exhibits 1 through 9, were received into

evidence at the hearing. A list of Petitioner's E xhibits in

this proceeding is attached to this report as Exhibit B.

No other persons or entities presented any witnesses or

exhibits. No members of the public provided any comment.

The one - volume transcript of the local public hearing was

filed on Augus t 5, 2002, with the Division of Administrative

Hearings. The original transcript and hearing exhibits are

transmitted with this Report.

FINDINGS OF FACT

Overview

1. The Petitioner is seeking the adoption of a rule by

the Commission to contract a communi ty development district

currently comprised of approximately 5,474 acres located

within the boundaries of unincorporated Lee County, Florida

and the incorporated City of Fort Myers, Florida. The name

for the District, after contraction, will be the Gatewa y

Services Community Development District. At the time the

Petition was filed, the District consisted of approximately

5,324 acres. However, on July 29, 2002, a Rule Amendment

adopted by the Commission, and filed with the Secretary of

State became effect ive, expanding the District to

approximately 5,474 acres.

2. The Petitioner seeks to contract the District by

approximately 973 acres. The District, after contraction,

will encompass approximately 4,501 acres.

3. All of the property proposed to be c ontracted out of

the District is located within the City of Fort Myers,

Florida.

4. The sole purpose of this proceeding was to consider

the contraction of the District as proposed by the Petitioner.

Summary of Evidence and Testimony

A. Whether all statem ents contained within the

Petition have been found to be true and correct.

5. Petitioner's Composite Exhibit 9 was identified for

the record as a copy of the Petition and its exhibits as filed

with the Commission, dated January 2002; the Addendum to the

Petition, dated March 25, 2002; and the Second Addendum to the

Petition, dated July 16, 2002; and the Third Addendum to the

Petition, dated July 25, 2002.

6. Ward testified that he had reviewed the contents of

the Petition and Exhibits as supplemented a nd amended by the

addenda to the Petition. Ward testified that the Petition and

exhibits as supplemented and amended by the addenda, are true

and correct to the best of his knowledge.

7. Tilton testified that he had reviewed Exhibits 1, 2,

and 3 of the P etition. Exhibit 1 is the metes and bounds

legal description and sketch of the existing District

boundaries. Exhibit 2 is the legal description and sketch of

the contraction parcels. Exhibit 3 is the amended legal

description and sketch of the District, after contraction.

8. Tilton testified that the legal description of the

existing CDD boundaries was true and correct, and would be

amended by a proposed Rule Amendment filed with the Secretary

of State July 9, 2002, and effective July 29, 2002.

9. Til ton testified that Exhibit 2 truly and accurately

depicted the legal description of the property proposed for

contraction from the District.

10. A Third Addendum to the Petition, filed with the

Department of Administrative Hearings on July 29, 2002,

ident ified a scrivener's error in the proposed Rule Amendment

filed on July 9, 2002, and included a legal description and

sketch of the land within the District, after the contraction.

This legal description and sketch amends and replaces Exhibit

3 of the Peti tion. This legal description was certified as

true and accurate by CES Engineering.

11. Garland testified that his office had prepared

Exhibit 7 to the Petition, the Statement of Estimated

Regulatory Costs (SERC). Garland also testified the SERC

includ ed with the Petition was true and correct to the best of

his knowledge.

12. Gnagey testified that at the time of the hearing,

Worthington Holdings, Inc. was the owner of all of the lands

to be contracted out of the District. Gnagey testified that a

por tion of the contraction property was under contract for

sale. A consent and joinder to the Petition to Contract,

executed by the contract purchaser was placed into the record

as Exhibit 3.

13. The Petition does not contain the written consent of

the owne rs of all real property to be included in the new

District after contraction; nor was there any documentation or

other evidence demonstrating that either the District or those

giving their written consent to the contraction have control

by deed, trust agre ement, contract, or option of one - hundred

percent (100%) of the real property to be included in the new

District, after contraction. See Conclusion of Law 65.

14. Based upon the foregoing, the Petition and its

exhibits, as amended and supplemented by th e addenda to the

Petition, are true and correct.

B. Whether the contraction of the District is

inconsistent with any applicable element or

portion of the State Comprehensive Plan or of

the effective local government comprehensive

plan.

15. Ward address ed whether the contraction of the

District was inconsistent in any way with the State

Comprehensive Plan, Chapter 187, Florida Statutes. Ward also

reviewed the contraction of the District, in light of the

local government comprehensive plans.

16. Ward t estified that the District would continue to

assist the local government in providing infrastructure

services required pursuant to its locally adopted

comprehensive plan. Furthermore, since the State

Comprehensive Plan requires local governments to provid e

infrastructure in accordance with locally adopted

comprehensive plans, the District would continue to function

and assist in meeting this objective of Chapter 187.

17. Resolution No. 2002 - 11, adopted by the City Council

of the City of Fort Myers, Florid a, was introduced into

evidence as Petitioner's Exhibit 5. Pursuant to this

Resolution, the City Council made a determination that after

the contraction, the District is not inconsistent with

applicable elements or portions of the State Comprehensive

Plan or the City of Fort Myers local comprehensive plan.

18. The Florida Department of Community Affairs reviewed

the Petition and provided a letter dated April 16, 2002, which

was placed into Evidence as Petitioner's Exhibit 7. The

letter states that the P etition A "is consistent with the

goals, objectives and policies of Lee County's Comprehensive

Plan.”

19. Based on the testimony and exhibits in the record,

the proposed District will not be inconsistent with any

applicable element or portion of the Sta te Comprehensive Plan,

the Lee County Comprehensive Plan, or City of Fort Myers

Comprehensive Plan.

C. Whether the area of land within the district,

after contraction, is of sufficient size, is

sufficiently compact, and is sufficiently

contiguous to be d evelopable as one functional

interrelated community.

20. Testimony on this criterion was provided by Ward and

Tilton. The lands that comprise the District, after

contraction, will consist of approximately 4,501 acres,

located within the borders of unin corporated Lee County, and

the incorporated City of Fort Myers.

21. From a management perspective, the District, after

contraction, will continue to be sufficiently sized, compact

and contiguous to be developed as a functional interrelated

community. Th e property remaining within the District will

continue to be amenable to receiving services through a

community development district.

22. From an engineering perspective, the District, after

contraction, will still be larger than other community

developm ent districts. It is contiguous and relatively

compact. The land remaining within the District can be well -

served by water management facilities, water and sewer and

irrigation, roads lighting, landscaping and parks provided by

the District.

23. From a d evelopment planning perspective, the owner

of the property, which will be contracted out of the District,

intends to market the contraction property for development as

three separate, stand - alone communities. This property will

be developed independently from the property remaining within

the District. Its utility needs will be serviced by the City

of Fort Myers.

24. From development planning, engineering, and

management perspectives, the area of land to be included in

the proposed District is of suffici ent size, is sufficiently

compact, and is sufficiently contiguous to be developed as a

single functionally interrelated community.

D. Whether the district, after contraction, is the

best alternative available for delivering

community development services and facilities to

the area that will be served by the contracted

district.

25. The District currently provides certain

infrastructure improvements and facilities to the property

which will remain in the District.

26. Currently, no services or facilities are provided by

the District to the property to be contracted out of the

District. Ward, Tilton, and Garland testified concerning

whether the District, as contracted, is the best alternative

available for delivering community development services and

fac ilities to the area remaining in the District.

27. Ward testified that since the 1980's, the District

has provided and maintained infrastructure which services the

existing residents of the District, and is also available to

service future residents of th e District. The District is

responsible for financing, operating and maintaining this

infrastructure. Based upon its historical track record, and

its current activities, the District will continue to serve

these purposes.

28. Tilton testified that, from an engineering

perspective, the District is an excellent alternative for

providing community services and facilities to the property

remaining in the District because it provides a higher level

of service than would be afforded by Lee County or the City o f

Fort Myers. This higher level of service meets the desire of

the residents within the District.

29. Garland testified that, from an economic

perspective, the District as contracted, will still consist of

approximately 5,799 equivalent residential units . There will

be no financial impact to the landowners remaining in the

District because neither the capital assessments nor the

operations and maintenance assessments will be affected by the

contraction. Currently, the contraction parcel is not taking

an y of the load for capital assessments or operations and

maintenance assessments.

30. Garland also testified that the contraction property

is geographically closer to infrastructure facilities

available from the City of Fort Myers, than it is to District

f acilities. Therefore, the District is not the best

alternative for providing this infrastructure to the

contraction property.

31. From economic, engineering, and special district

management perspectives, the District, after contraction, is

the best alter native available for delivering community

development services and facilities to the area that will

continue to be served by the District.

E. Whether the community development services and

facilities of the district, as contracted, will

be incompatible wi th the capacity and uses of

existing local and regional community development

services and facilities.

32. The services and facilities which will continue to

be provided by the District are not incompatible with uses and

existing local and regional facil ities and services. The

District's facilities and services within the boundaries, as

contracted, will not duplicate any existing regional services

or facilities which are provided to the lands within the

District by another entity. None of the proposed s ervices or

facilities are presently being provided by another entity for

the lands to remain within the District.

33. Ward, Tilton, and Garland testified concerning

whether the community development services and facilities of

the district, as contracted , would be incompatible with the

capacity and uses of existing local and regional community

development services and facilities.

34. Ward testified that the District provides services

and facilities which compliment the general purpose local

governments’ services and facilities. For example, the

District has constructed drainage facilities. These services

address the requirements for infrastructure of the local

government. After contraction, the District will continue to

provide these infrastructure ser vices.

35. Tilton testified that the services and facilities

provided by the District work very well in concert with the

adjacent facilities of the general purpose local government.

The roadways, utilities, and water management facilities

constructed by the District are integrated into the overall

system of the adjacent areas.

36. From a management perspective and an engineering

perspective, the facilities and services to be provided by the

District, after the contraction, will not be incompatible with

the existing local and regional community development services

and facilities.

F. Whether the area that will be served by the

district, after contraction, is amenable to

separate special district government.

37. As cited previously, from economics, eng ineering,

and special district management perspectives, the area of land

to be included in the proposed District is of sufficient size,

is sufficiently compact, and is sufficiently contiguous to be

developed and become a functionally interrelated community .

The community to be included in the District, after

contraction, will continue to require basic infrastructure

systems. A determination was made when the District was

formed, that the District could best provide these services.

This determination will not change as a result of the

contraction.

38. From engineering, economic and management

perspectives, the area that will be served by the amended

District is amenable to separate special - district government.

G. Other requirements imposed by statute or rule.

39. Chapter 190, Florida Statutes, and Chapter 42 - 1,

Florida Administrative Code, impose specific requirements

regarding the Petition and other information to be submitted

to the Commission.

Elements of the Petition

40. The Commission has certified that the Petition to

Contract the Gateway Services District meets all of the

required elements of Section 190.005(1)(a), Florida Statutes.

Statement of Estimated Regulatory Costs (SERC)

41. The SERC contains an estimate of the costs and

benefits to all persons directly affected by the proposed rule

to contract the District -- the State of Florida and its

citizens, the County and its citizens, the City and its

citizens, the landowners within the District after

contraction, and the Petitioner.

42. Beyond administrative costs related to rule

adoption, the State and its citizens, are not anticipated to

incur any costs from contracting the District.

43. Administrative costs incurred by Lee County and the

City of Fort Myers related to this Petition are minim al and

should be offset by the filing fees paid by the Petitioner.

44. Landowners remaining within the District will

continue to pay non - ad valorem or special assessments for

certain facilities. The contraction of District will have no

impact on the leve l of capital assessments or operations and

maintenance assessments paid by residents remaining in the

District. Benefits to landowners in the District will

continue to be a higher level of public services and amenities

than might otherwise be available, c onstruction, operation and

maintenance of District - sponsored improvements to the area on

a timely basis, and a larger share of direct control over

community development services and facilities within the area.

45. Sections 190.046(1)(g) and 190.005(1)(a) , Florida

Statutes, require the Petition to include a SERC which meets

the requirements of Section 120.541, Florida Statutes. The

Petition contains a SERC. It meets the requirements of

Section 120.541, Florida Statutes.

Other Requirements

46. Sections 190.046(1)(g) and 190.005(1)(d), Florida

Statutes, require the Petitioner to publish notice of the

local public hearing in a newspaper of general circulation in

Lee County for four consecutive weeks prior to the hearing.

The notice was published in The Ne ws - Press, a newspaper of

general circulation in Lee County for four consecutive weeks,

on June 18, 2002, June 25, 2002, July 2, 2002, and July 9,

2002. The Affidavit of Publication was placed into evidence

as Petitioner’s Exhibit 4.

Lee County Support for Establishment

47. Pursuant to the requirements of Sections

190.046(1)(g) and 190.005(1)(b), Florida Statutes, Petitioner

filed a copy of the Petition with the City of Fort Myers and

Lee County prior to filing the Petition with the Commission.

48. As p ermitted by Sections 190.046 and 190.005(1)(c),

Florida Statutes, the City Council of the City of Fort Myers

held a public hearing on March 4, 2002, to consider the

contraction of the Gateway Services District.

49. At the conclusion of its public hearing on March 4,

2002, the City Council adopted Resolution 2002 - 11 expressing

support for the Commission to promulgate a rule contracting

the Gateway Services District.

50. The City of Fort Myers City Council Resolution

specifically found that all six (6) of the statutory factors

for evaluating the contraction of community development

districts found in Section 190.005(1)(e), Florida Statutes,

had been met by the Petitioner in this matter.

51. As permitted by Sections 190.046 and 190.005(1)(c),

Florida Stat utes, the Board of County Commissioners of Lee

County held a public hearing on June 25, 2002, to consider the

contraction of the Gateway Services District.

52. At the conclusion of the public hearing on June 25,

2002, the Board of County Commissioners of Lee County adopted

Resolution No.02 - 06 - 43, expressing support for the Commission

to promulgate a rule contracting the Gateway Services

District.

CONCLUSIONS OF LAW

53. This proceeding is governed by Chapters 120 and 190,

Florida Statutes, and Chapter 42 - 1, Florida Administrative

Code.

54. The proceeding was properly noticed pursuant to

Section 190.005, Florida Statutes, by publication of an

advertisement in a newspaper of general circulation in Lee

County once each week for the four (4) consecutive w eeks

immediately prior to the hearing.

55. The Petitioner has met the requirements of Sections

190.046(1)(g) and 190.005, Florida Statutes, regarding the

submission of the Petition.

56. The Petitioner bears the burden of establishing that

the Petition meets the relevant statutory criteria set forth

in Section 190.005(1)(e), Florida Statutes.

57. All portions of the Petition and other submittals

have been completed and filed as required by law.

58. All statements contained within the Petition as

amen ded and supplemented by the Addenda to the Petition, and

at the hearing are true and correct.

59. The contraction of the District is not inconsistent

with any applicable element or portion of the State

Comprehensive Plan or the effective City of Fort Mye rs

Comprehensive Plan.

60. 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.

61. The proposed District is the best al ternative

available for delivering community development services and

facilities to the area that will be served by the District.

62. The community development services and facilities of

the proposed District will not be incompatible with the

capacity an d uses of existing local and regional community

development services and facilities.

63. The area to be served by the proposed District is

amenable to separate special district government.

64. Notwithstanding the above, as found in Finding of

Fact B, t he Petition does not contain the written consent of

the owners of the real property to be included in the new

District, after contraction; nor was there any documentation

or other evidence demonstrating that either the District or

those giving their writte n consent to the contraction have

control by deed, trust agreement, or contract, or option of

one - hundred percent (100%) of the real property to be included

in the new District, after contraction. Section

190.005(1)(a)2., Florida Statutes, requires that a Petition

for establishment of a community development district (CDD)

contain the written consent of the owners of all of the real

property to be included in the proposed CDD, or documentation

demonstrating that the Petitioner has control by deed, trust

ag reement, contract, or option of one - hundred percent (100%)

of the real property to be included in the proposed CDD.

Section 190.046(1)(e), Florida Statutes, requires the written

consent of all landowners whose land is being deleted through

contraction (wh ich has been proven here), but paragraphs (f) -

(g) of Section 190.046(1), Florida Statutes, would appear to

require the Petitioner to follow all of the requirements

specified in Section 190.005, including the "consent"

requirement of Section 190.005(1)(a)2. , Florida Statutes.

65. Nevertheless, Petitioner argues that emphasis should

be placed on the word "procedures" in Section 190.046(1)(g),

Florida Statutes, and that that does not necessarily include

satisfaction of the "consent" requirements of Section

1 90.005(1)(a)2., Florida Statutes, where there is a request to

contract more than 250 acres from a CDD, as here. This

interpretation appears to be consistent with the Commission's

past practice. See , e.g. , Exhibit 1. See also In Re:

Petition to Contract Tampa Palms Open Space and Transportation

Community Development District ,

Case No. 96 - 4213, 1997 WL 1052656 (DOAH Report January 29,

1997)(Rule adopted July 31, 1997).

RECOMMENDATION

Based upon the foregoing F indings of F act and C onclusions

of L aw, it i s

RECOMMENDED that the Governor and Cabinet, sitting as the

Florida Land and Water Adjudicatory Commission, pursuant to

Chapters 190 and 120, Florida Statutes, and Chapter 42 - 1,

Florida Administrative Code, contract the Gateway Services

District as request ed by the Petitioner by formal adoption of

the proposed Rule Amendment attached to this Report as Exhibit

C.

DONE AND ORDERED this 9th day of August, 2002, in

Tallahassee, Leon County, Florida.

___________________________________

CHARLES A. STAMP ELOS

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675 SUNCOM 278 - 9675

Fax Filing (850) 92106847

www.doah.state.fl .us

Filed with the Clerk of the

Division of Administrative Hearings

this 9th day of August, 2002.

COPIES FURNISHED TO:

Erin McCormick Larrinaga. Esquire

Fowler, White, Boggs, Banker, P.A.

501 East Kennedy Boulevard

Suite 1700

Tampa , Florida 33602

Gregory Munson, Esquire

Office of the Governor

The Capitol, Room 209

Tallahassee, Florida 32399

Charles Canady, General Counsel

Florida Land and Water

Adjudicatory Commission

Office of the Governor

The Capitol, Room 209

Tallahassee, F lorida 32399

Donna Arduin, Secretary

Florida Land and Water

Adjudicatory Commission

Office of the Governor

The Capitol, Room 2105

Tallahassee, Florida 32399

Barbara Leighty, Clerk

Growth Management and Strategic Planning

The Capitol, Room 2105

Talla hassee, Florida 32399

Exhibit A

Petitioner’s Witnesses at Public Hearing

John Gnagey

The Worthington Group

14291 Metro Parkway, Building 1300

Fort Myers, Florida 33912

James P. Ward

Severn Trent Environmental Services, Inc.

210 N. University Driv e, Suite 702

Coral Gables, Florida 33071

Andrew D. Tilton

Johnson Engineering, Inc.

2158 Johnson Street

Fort Myers, Florida 33901

Carey Garland

Fishkind & Associates, Inc.

11869 High Tech Avenue

Orlando, Florida 32817

Exhibit B

List of Petitioner’s Exhibits

Exhibit Description

Exhibit 1: Memorandum from Greg Munson, Staff Attorney

for the Florida Land and Water Adjudicatory

Commission to Barbara Leighty, Clerk for the

Florida Land and Water Adjudicatory

Commission, dated March 12, 2002

Exhibit 2 : Sketch depicting Gateway Services District

Boundaries (Parcels marked “ A ” constitute the

Contraction Parcels which Petition seeks to

have contracted from the Gateway Services

District)

Exhibit 3: Consent and Joinder to Petition to Contract

Gateway Servi ces District, executed by Pulte

Home Corporation on July 16, 2002

Exhibit 4: News - Press Affidavit of Publication, dated

July 9, 2002

Exhibit 5: Certified Copy of Resolution No. 2002 - 11,

approved by the City Council of the City of

Fort Myers on March 4, 2 002

Exhibit 6: Certified Copy of Resolution No. 02 - 06 - 43,

approved by the Board of County Commissioners

of Lee County, Florida on June 25, 2002

Exhibit 7: Letter from the Florida Department of

Community Affairs to Ms. Donna Arduin,

Secretary, Florida Lan d and Water

Adjudicatory Commission, dated April 16, 2002

Exhibit 8: Notice of Receipt of Petition, published by

the Florida Land and Water Adjudicatory

Commission in the Florida Administrative

Weekly on May 17, 2002

Composite

Exhibit 9: Petition to Con tract Gateway Services

District, dated January, 2002 (includes City

of Ft. Myers Comprehensive Plan and Lee

County Comprehensive Plan); Addendum to the

Petition to Contract Gateway Services

District, dated March 25, 2002; Second

Addendum to the Petition to Contract Gateway

Services District, dated July 16, 2002; and

Third Addendum to the Petition to Contract

Gateway Services District, dated July 25,

2002.

Exhibit C

THE FULL TEXT OF THE PROPOSED RULE AMENDMENT IS:

42F - 1.002 Boundary.

The boundaries of the district are as follows:

A tract or parcel of land lying Section 35, Township 44 South,

Range 25 East and in Sections 1, 2, 3, 4, 10, 11 and 12,

Township 45 South, Range 25 East; Section 31, Township 44

South, Range 26 East and in Sections 5, 6, 7, 8, 17, 18 and

19, Township 45 South, Range 26 East, Lee County, Florida,

more particularly described as follows:

Beginning at the southwest corner of said Section 35 run N

00__47' 42" W along the west line of the southwest quarter

(SW - 3 ) of said Section fo r 2643.18 feet to the quarter corner

on the west line of said section; thence run N 00_ 43' 47" W

along the west line of the northwest quarter (NW - 3 ) of said

Section for 1361.42 feet; thence run N 35__45' 29" E for

947.82 feet; thence run N 56__15' 44" E f or 690.61 feet to the

south line of the Colonial Boulevard right - of - way (State Road

884) (250 feet wide); thence run S 89__38' 27" E along said

south line for 2763.96 feet to an intersection with the west

line of the northeast quarter (NE - 1/4) of the north east

quarter (NE - 1/4) of said Section; thence run S 02__16' 01" E

along said west line for 1,168.38 feet to the southwest corner

of said fraction; thence run N 89_ 54' 24" E along the south

line of said fraction for 1324.86 feet to the southeast corner

of said fraction; thence run S 03__20' 25" E for 1284.37 feet

to the quarter corner on the east line of said Section; thence

run S 00__01' 59" E along said east line for 2635.65 feet to

the northwest corner of said Section 1; thence run N 89__28'

42" E along the north line of the northwest quarter (NW - 1/4)

of said Section 1 for 2,642.98 feet to the quarter corner on

said north line; thence run S 89__57' 06" E along the north

line of the northeast quarter (NE - 1/4) of said Section 1 for

2523.38 feet to the north east corner of said Section; thence

run N 00__57' 01" W along the west line of said Section 31 for

2644.12 feet to the quarter corner on said west line; thence

run N 00__35' 02" W along said west line of said Section 31

for 1705.47 feet to an intersection with the southwesterly

line of Immokalee Road (State Road 82) (200 feet wide); thence

run S 46__07' 29" E along said southwesterly line for 6215.51

feet to an intersection with the south line of said Section

31; thence continue S 46__07' 29" E along said s outhwesterly

line for 1227.27 feet to an intersection with a line common to

said Sections 5 and 6; thence continue S 46__07' 29" E along

said southwesterly line for 1535.36 feet to a point of

curvature; thence run Southeasterly along said southwesterly

lin e along the arc of a curve to the left of radius 5824.88

feet (delta 18_ 13' 21") (chord bearing S 55__14' 10" E)

(chord 1844.76 feet) for 1852.55 feet to a point of tangency;

thence continue along said southwesterly line S 64__20' 50" E

for 22.21 feet to an intersection with the east line of the

west half (W - 1/2) of said Section 5; thence run S 00__06' 33"

E along said east line for 2271.81 feet to the quarter corner

common to said Sections 5 and 8; thence run S 01__02' 00" E

along the east line of the wes t half (W - 1/2) of said Section 8

for 3,028.35 feet; thence run N 89__33' 57" E for 605.03 feet;

thence run S 01__02' 00" E for 1800.10 feet; thence run S

89__33' 57" W for 605.03 feet; thence run S 01__02' 00" E for

500.03 feet to the quarter corner common to said Sections 8

and 17; thence run S 01__00 ' 12" E along the east line of the

northwest quarter (NW - 1/4) of said Section 17 for 926.76 feet

to an intersection with the northeasterly line of a Florida

Power and Light Company substation site as described in deed

recorded in Official Record Book 1606 at Page 1286 of the Lee

County Records; thence run N 37__57' 04" W along said

northeasterly line for 361.70 feet; thence run S 52__02' 56" W

along the northwesterly line of said Site for 361.70 feet;

thence ru n S 37__57' 04" E along the southwesterly line of

said Site for 741.48 feet to an intersection with the

northwesterly line of Daniels Road Extension (200 feet wide)

as described in deed recorded at Official Record Book 1644 at

Page 1739 of the Lee County R ecords; thence run N 68__38' 13"

E along said northwesterly line for 64.84 feet to an

intersection with said easterly line of said northwest quarter

(NW - 1/4) of said Section 17; thence run S 01__00' 12" E along

said east line for 1238.52 feet to the southe ast corner of

said fraction; thence run S 89__30' 38" W along the south line

of said fraction and the north line of the Southwest Florida

Regional Airport for 2110.83 feet to an intersection with the

southeasterly line of said Daniels Road Extension; thenc e run

S 54__00' 05" W through said Sections 17, 18 and 19 along the

southeasterly line of a road right - of - way (200 feet wide) for

7032.17 feet to an intersection with the west line of said

Section 19; thence run N 00__55' 36" W along said west line

for 1,4 77.45 feet to the northwest corner of said Section;

thence run N 00_ 54' 13" W along the west line of the

southwest quarter (SW - 1/4) of said Section 18 for 2,643.95

feet to the quarter corner on said west line; thence run N 00_

39' 39" W along the west lin e of the northwest quarter (NW -

1/4) of said Section 19 for 2,674.35 feet to the northwest

corner of said Section; thence run N 00_ 57' 26" W along the

west line of the southwest quarter (SW - 1/4) of said Section 7

for 2,645.34 feet to the quarter corner com mon to said

Sections 7 and 12; thence run S 89_ 55' 12" W along the south

line of the northeast quarter (NE - 1/4) of said Section 12 for

2,524.67 feet to the west line of the east 2,524.14 feet of

said northeast quarter (NE - 1/4); thence run N 01_ 05' 33" W

along said west line for 2,646.07 feet to the south line of

said Section 1; thence run S 89_ 56' 14" W along said south

line for 2,663.19 feet to the southwest corner of said

Section, passing through the quarter corner on the south line

of said Section at 69.26 feet; thence run S 89__03' 50" W

along the south line of said Section 2 for 2645.12 feet to the

quarter corner on said south line; thence run S 00__08' 50" E

line of the northwest quarter (NW - 1/4) of said Section 11 for

2670.22 feet to the center of said Section; thence run S

88__33' 56" W along the south line of said northwest quarter

(NW - 1/4) for 2745.77 feet to the quarter corner on the west

line of said Section 11; thence run S 89__29' 50" W along the

south line of the northeast quarter (NE - 1/4) o f said Section

10 for 2546.16 feet to the center of said Section; thence run

N 00__06' 58" W along the west line of said northeast quarter

(NE - 1/4) for 2668.79 feet to the quarter corner on the north

line of said Section; thence run S 88__57' 32" W along t he

south line of said Section 3 for 2649.25 feet to the southwest

corner of said Section; thence run S 88_ 54' 32" W along the

south line of said Section 4 for 2059.99 feet to an

intersection with the southeasterly line of the Six Mile

Cypress Acquisition Area; thence run Northeasterly along said

southeasterly line the following courses and distances: N

31__38' 21" E for 261.19 feet; N 01__23' 47" W for 277.78; N

37__53' 18" E for 246.16 feet; N 18_ 15' 00" E for 91.84 feet;

N 56__35' 37" E for 169.92 feet ; N 85__38' 45" E for 379.20

feet; N 70__16' 34" E for 105.12 feet; N 06__16' 12" E for

108.95 feet; N 89__11' 29" E for 322.80 feet; N 71_ 11' 39" E

for 95.05 feet; N 55__29' 43" E for 156.24 feet; S 86__54' 42"

E for 285.36 feet; N 55_ 11' 00" E for 58.8 2 feet; N 73__00'

08" E for 140.00 feet; N 54__05' 49" E for 115.77 feet; N 10_

34' 05" E for 104.79 feet; N 24__05' 57" E for 100.09 feet; N

67__22' 01" E for 230.59 feet; S 85__03' 28" E for 211.24

feet; N 05__10' 02" E for 54.09 feet; N 27__24' 58" E fo r

106.63 feet; N 10__08' 05" E for 139.90 feet; N 44__41' 11" E

for 147.83 feet; N 62__35' 02" W for 105.53 feet; N 23__59'

48" E for 476.74 feet; N 15__42' 08" E for 368.41 feet; N

20__55' 23" E for 222.23 feet; N 45__09' 19" E for 183.23

feet; N 31__07' 36" E for 305.01 feet; N 32__55' 08" E for

155.78 feet; N 17__03' 28" E for 110.45 feet; N 26__26' 47" E

for 300.81 feet; N 18__42' 17" E for 150.86 feet; N 04__51'

19" W for 340.19 feet; N 12__09' 34" E for 251.79 feet; N

27__12' 34" E for 210.15 feet; N 14__53' 31" E for 323.53 feet

and N 35__18' 42" E for 275.49 feet to an intersection with

the north line of said Section 3; thence run N 88__37' 17" E

along said north line for 530.84 feet to an intersection with

the westerly line of State Road No. 93 (Int erstate 75) (324

feet wide); thence run S 14_ 49' 52" E along said westerly

line for 677.99 feet to an intersection with the east line of

the northwest quarter (NW - 1/4) of said Section 3; thence run S

00__49' 04" E along said east line for 1299.77 feet to the

northwest corner of the west half (W - 1/2) of the southwest

quarter (SW - 1/4) of the northeast quarter (NE - 1/4) of said

section; thence run N 88__12' 52" E along the north line of

said fraction for 323.06 feet to an intersection with said

westerly line o f State Road No. 93; thence run S 14__49' 52" E

along said westerly line for 2.67 feet to an intersection with

the east line of said fraction ; thence run S 00__37' 05" E

along said east line for 650.21 feet to the southeast corner

of said fraction; thence run N 88__09' 46" E along the north

line of the southeast quarter (SE - 1/4) of said Section 3 for

2250.18 feet to the quarter corner common to said Sections 2

and 3; thence run N 00__47' 03" E along the west line of the

northwest quarter (NW - 1/4) of said S ection 2 for 2605.26 feet

to the Point of Beginning.

Less and except all that part of the right - of - way for State

Road No. 93 (Interstate 75) lying within the southeast quarter

(SE - 1/4) of Section 3 and within the northeast quarter (NE -

1/4) of Section 10, T ownship 45 South, Range 25 East, Lee

County, Florida, as more particularly described in the

petition for this rule. Containing 5,474 5324 acres, more or

less.

PARCEL " A"

A TRACT OR PARCEL OF LAND LYING IN SECTION 35 TOWNSHIP 44

SOUTH, RANGE 25 EAST, SEC TIONS 1, 2, 11 AND 12, TOWNSHIP 45

SOUTH, RANGE 25 EAST; SECTION 31, TOWNSHIP 44 SOUTH, RANGE 26

EAST AND IN SECTIONS 5, 6, 7, 8, 17, 18 AND 19, TOWNSHIP 45

SOUTH, RANGE 26 EAST, LEE COUNTY, FLORIDA, MORE PARTICULARLY

DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 35 RUN N

00 _ 47 ' 42 " W ALONG THE WEST LINE OF THE SOUTHWEST QUARTER (SW

3 ) OF SAID SECTION FOR 2643.18 FEET TO THE QUARTER CORNER ON

THE WEST LINE OF SAID SECTION; THENCE RUN N 00 _ 43 ' 47 " W ALONG

THE WEST LINE OF THE NORTH WEST QUARTER (NW 3 ) OF SAID SECTION

FOR 1361.42 FEET; THENCE RUN N 35 _ 45 ' 29 " E FOR 947.82 FEET;

THENCE RUN N 56 _ 15 ' 44 " E FOR 690.61 FEET TO THE SOUTH LINE OF

THE COLONIAL BOULEVARD RIGHT - OF - WAY (STATE ROAD 884) (250 FEET

WIDE); THENCE RUN S 89 _ 38 ' 27 " E ALO NG SAID SOUTH LINE FOR

539.91 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S

89 _ 38 ' 27 " E ALONG SAID SOUTH LINE FOR 2224.05 FEET TO AN

INTERSECTION WITH THE WEST LINE OF THE NORTHEAST QUARTER (NE

1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION; TH ENCE

RUN S 02 _ 16 ' 01 " E ALONG SAID WEST LINE FOR 1168.38 FEET TO THE

SOUTHWEST CORNER OF SAID FRACTION; THENCE RUN N 89 _ 54 ' 24 " E

ALONG THE SOUTH LINE OF SAID SECTION FOR 1324.86 FEET TO THE

SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN S 03 _ 20 ' 25 " E

FOR 128 4.37 FEET TO THE QUARTER CORNER ON THE EAST LINE OF

SAID SECTION; THENCE RUN S 00 _ 01 ' 59 " E ALONG SAID EAST LINE

FOR 2635.65 FEET TO THE NORTHWEST CORNER OF SAID SECTION 1;

THENCE RUN N 89 _ 28 ' 42 " E ALONG THE NORTH LINE OF THE NORTHWEST

QUARTER (NW 3 ) OF SA ID SECTION 1 FOR 2642.98 FEET TO THE

QUARTER CORNER ON SAID NORTH LINE; THENCE RUN S 89 _ 57 ' 06 " E

ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (NE 3 ) OF SAID

SECTION 1 FOR 2523.38 FEET TO THE NORTHEAST CORNER OF SAID

SECTION; THENCE RUN N 00 _ 57 ' 01 " W ALON G THE WEST LINE OF SAID

SECTION 31 FOR 2644.12 FEET TO THE QUARTER CORNER ON SAID WEST

LINE; THENCE RUN N 00 _ 35 ' 02 " W ALONG SAID WEST LINE OF SAID

SECTION 31 FOR 1705.47 FEET TO AN INTERSECTION WITH THE

SOUTHWESTERLY LINE OF IMMOKALEE ROAD (STATE ROAD 82) (200 FEET

WIDE); THENCE RUN S 46 _ 07 ' 29 " E ALONG SAID SOUTHWESTERLY LINE

FOR 6215.51 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF

SAID SECTION 31; THENCE CONTINUE S 46 _ 07 ' 29 " E ALONG SAID

SOUTHWESTERLY LINE FOR 1227.27 FEET TO AN INTERSECTION WITH A

LINE COMMON TO SAID SECTIONS 5 AND 6; THENCE CONTINUE S

46 _ 07 ' 29 " E ALONG SAID SOUTHWESTERLY LINE FOR 1535.36 FEET TO

A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG SAID

SOUTHWESTERLY LINE ALONG THE ARC OF A CURVE TO THE LEFT OF

RADIUS 5824.88 FEET (DELTA 18 _ 13 ' 21 " ) (CHORD BEARING S

55 _ 14 ' 10 " E) (CHORD 1844.76 FEET) FOR 1852.55 FEET TO A POINT

OF TANGENCY; THENCE CONTINUE ALONG SAID SOUTHWESTERLY LINE S

64 _ 20 ' 50 " E FOR 22.21 FEET TO AN INTERSECTION WITH THE EAST

LINE OF THE WEST HALF (W 2 ) OF SAID SECTION 5; T HENCE RUN S

00 _ 06 ' 33 " E ALONG SAID EAST LINE FOR 2271.81 FEET TO THE

QUARTER CORNER COMMON TO SAID SECTIONS 5 AND 8; THENCE RUN S

01 _ 02 ' 00 " E ALONG THE EAST LINE OF THE WEST HALF (W 2 ) OF SAID

SECTION 8 FOR 3028.35 FEET; THENCE RUN N 89 _ 33 ' 57 " E FOR

605.03 FEET; THENCE RUN S 01 _ 02 ' 02 " E FOR 1800.10 FEET; THENCE

S 89 _ 33 ' 57 " W FOR 605.03 FEET; THENCE RUN S 01 _ 02 ' 00 " E FOR

500.03 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 8

AND 17; THENCE RUN S 01 _ 00 ' 12 " E ALONG THE EAST LINE OF THE

NORTHWEST QUARTER ( NW 3 ) OF SAID SECTION 17 FOR 926.76 FEET TO

AN INTERSECTION WITH THE NORTHEASTERLY LINE OF A FLORIDA POWER

& LIGHT COMPANY SUBSTATION SITE AS DESCRIBED IN DEED RECORDED

IN OFFICIAL RECORD BOOK 1606 AT PAGE 1286, LEE COUNTY RECORDS;

THENCE RUN N 37 _ 57 ' 04 " W ALONG SAID NORTHEASTERLY LINE FOR

361.70 FEET; THENCE RUN S 52 _ 02 ' 56 " W ALONG THE NORTHWESTERLY

LINE OF SAID SITE FOR 361.70 FEET; THENCE RUN S 37 _ 57 ' 04 " E

ALONG THE SOUTHWESTERLY LINE OF SAID SITE FOR 741.48 FEET TO

AN INTERSECTION WITH THE NORTHWESTERL Y LINE OF DANIELS ROAD

EXTENSION (200 FEET WIDE) AS DESCRIBED IN DEED RECORDED IN

OFFICIAL RECORD BOOK 1644 AT PAGE 1739, LEE COUNTY RECORDS;

THENCE RUN N 68 _ 38 ' 13 " E ALONG SAID NORTHWESTERLY LINE FOR

64.84 FEET TO AN INTERSECTION WITH SAID EASTERLY LINE O F SAID

NORTHWEST QUARTER (NW 3 ) OF SAID SECTION 17; THENCE RUN S

01 _ 00 ' 12 " E ALONG SAID EAST LINE FOR 1238.52 FEET TO THE

SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN S 89 _ 30 ' 38 " W

ALONG THE SOUTH LINE OF SAID FRACTION AND A NORTH LINE OF THE

SOUTHWEST FL ORIDA REGIONAL AIRPORT FOR 2110.83 FEET TO AN

INTERSECTION WITH THE SOUTHEASTERLY LINE OF SAID DANIELS ROAD

EXTENSION; THENCE RUN S 54 _ 00 ' 05 " W THROUGH SAID SECTIONS 17,

18, AND 19 ALONG THE SOUTHEASTERLY LINE OF A ROAD RIGHT - OF - WAY

(200 FEET WIDE) FOR 70 32.17 FEET TO AN INTERSECTION WITH THE

WEST LINE OF SAID SECTION 19; THENCE RUN N 00 _ 55 ' 36 " W ALONG

SAID WEST LINE FOR 1477.45 FEET TO THE NORTHWEST CORNER OF

SAID SECTION; THENCE RUN N 00 _ 54 ' 13 " W ALONG THE WEST LINE OF

THE SOUTHWEST QUARTER (SW 3 ) OF SAI D SECTION 18 FOR 2643.95

FEET TO THE QUARTER CORNER OF SAID WEST LINE; THENCE RUN N

00 _ 39 ' 39 " W ALONG THE WEST LINE OF THE NORTHWEST QUARTER (NW

3 ) OF SAID SECTION 18 FOR 2647.35 FEET TO THE NORTHWEST CORNER

OF SAID SECTION; THENCE RUN N 00 _ 57 ' 26 " W ALONG THE WEST LINE

OF THE SOUTHWEST QUARTER (SW 3 ) OF SAID SECTION 7 FOR 2645.34

FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 7 AND 12;

THENCE RUN S 89 _ 55 ' 12 " W ALONG THE SOUTH LINE OF THE NORTHEAST

QUARTER (NE 3 ) OF SAID SECTION 12 FOR 2524.67 FEET TO TH E WEST

LINE OF THE EAST 2524.14 FEET OF SAID NORTHEAST QUARTER (NE

3 ); THENCE RUN N 01 _ 05 ' 33 " W ALONG SAID WEST LINE FOR 2646.07

FEET TO THE SOUTH LINE OF SAID SECTION 1; THENCE RUN S

89 _ 56 ' 14 " W ALONG SAID SOUTH LINE FOR 2663.19 FEET TO THE

SOUTHWEST CORN ER OF SAID SECTION, PASSING THROUGH THE QUARTER

CORNER ON THE SOUTH LINE OF SAID SECTION AT 69.26 FEET; THENCE

RUN S 89 _ 03 ' 50 " W ALONG THE SOUTH LINE OF SAID SECTION 2 FOR

3096.18 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT - OF - WAY

OF PROPOSED TREELINE BOULEVARD; THENCE ALONG SAID EAST RIGHT -

OF - WAY LINE THE FOLLOWING BEARING AND DISTANCES: THENCE ALONG

THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2625.00

FEET (DELTA 29 _ 13 ' 02 " ) (CHORD BEARING S 15 _ 09 ' 16 " W) (CHORD

1324.12 FEET) FOR 1338.58 FEET TO A POINT OF TANGENCY; THENCE

RUN S 29 _ 45 ' 46 " W FOR 618.63 FEET; THENCE ALONG THE ARC OF A

CURVE TO THE LEFT HAVING A RADIUS OF 1487.50 FEET (DELTA

28 _ 50 ' 26 " ) (CHORD BEARING S 15 _ 20 ' 33 " W) (CHORD 740.87 FEET)

FOR 748.75 FEET TO A POINT OF TANGENCY; THENCE RUN S 00 _ 55 ' 22 "

W FOR 166.10 FEET TO A POINT ON THE SOUTH LINE OF THE

NORTHWEST QUARTER OF SECTION 11; THENCE RUN S 88 _ 33 ' 56 " W

ALONG SAID LINE FOR 125.11 FEET TO AN INTERSECTION WITH THE

WESTERLY RIGHT - OF - WAY OF PROPOSED TREELINE BOULEVARD; THENCE

ALONG S AID WEST RIGHT - OF - WAY LINE THE FOLLOWING BEARING AND

DISTANCES: THENCE RUN N 00 ° 55 ' 22 " E FOR 171.23 FEET; THENCE

ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF

1612.50 FEET (DELTA 28 _ 50 ' 26 " ) (CHORD BEARING N 15 _ 20 ' 33 " E)

(CHORD 803.13 FEET) FOR 811.67 FEET TO A POINT OF TANGENCY;

THENCE N 29 1 45"46' E FOR 618.63 FEET; THENCE ALONG THE ARC OF

A CURVE TO THE LEFT HAVING A RADIUS OF 2500.00 FEET (DELTA

33 _ 36 ' 51 " ) (CHORD BEARING N 12 _ 57 ' 22 " W) (CHORD 1445.75 FEET)

FOR 1466.69 FEET TO A POINT OF TANGE NCY; THENCE N 03 _ 51 ' 03 " W

FOR 959.31 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT

HAVING A RADIUS OF 2800.06 FEET (DELTA 10 _ 24 ' 15 " ) (CHORD

BEARING N 01 _ 21 ' 04 " E) (CHORD 507.76 FEET) FOR 508.45 FEET TO

A POINT OF TANGENCY; THENCE N 06 _ 33 ' 12 " E FOR 11 66.54 FEET;

THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS

OF 1000.00 FEET (DELTA 43 _ 02 ' 49 " ) (CHORD BEARING N 14 _ 58 ' 12 "

W) (CHORD 733.76 FEET) FOR 751.31 FEET TO A POINT OF TANGENCY;

THENCE N 36 _ 29 ' 36 " W FOR 266.36 FEET; THENCE ALONG THE ARC OF

A CURVE TO THE RIGHT HAVING A RADIUS OF 2000.00 FEET (DELTA

37 _ 40 ' 00 " ) (CHORD BEARING N 17 _ 39 ' 36 " W) (CHORD 1291.27 FEET)

FOR 1314.81 FEET TO A POINT OF TANGENCY; THENCE N 01 _ 10 ' 24 " E

FOR 245.33 FEET; THENCE S 89 _ 25 ' 36 " W LEAVING SAID WEST LINE

FOR 11 4.67 FEET TO A POINT ON THE EAST LINE OF TREELINE

BOULEVARD (TO BE RE - ALIGNED) AS DESCRIBED IN OFFICIAL RECORD

BOOK 1529 BEGINNING AT PAGE 412 OF THE PUBLIC RECORDS OF LEE

COUNTY; THENCE N 00 _ 02 ' 17 " W FOR 68.31 FEET TO AN INTERSECTION

WITH THE SOUTH LINE O F SECTION 34, TOWNSHIP 44 SOUTH, RANGE 25

EAST; THENCE N 01 _ 00 ' 06 " W ALONG SAID EAST LINE OF TREELINE

BOULEVARD (TO BE RE - ALIGNED) FOR 2642.68 FEET; THENCE N

00 _ 58 ' 02 " W ALONG SAID EAST LINE OF TREELINE BOULEVARD (TO BE

RE - ALIGNED) FOR 1048.01 FEET TO A PO INT ON A NON - TANGENT CURVE

TO THE RIGHT HAVING A RADIUS OF 1050.00 FEET AND TO WHICH

POINT A RADIAL LINE BEARS S 47 _ 49 ' 01 " E; SAID POINT ALSO

BEING ON THE EAST LINE OF A ROAD RIGHT - OF - WAY AS DESCRIBED IN

OFFICIAL RECORD BOOK 2581 BEGINNING AT PAGE 4060 OF THE LEE

COUNTY RECORDS; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT

HAVING A RADIUS OF 1050.00 FEET (DELTA 41 _ 49 ' 26 " ) (CHORD

BEARING N 21 _ 16 ' 16 " E) (CHORD 749.56 FEET) FOR 766.46 FEET TO

A POINT OF TANGENCY; THENCE N 00 ° 21 ' 33 " E ALONG SAID EAST LINE

FOR 721.50 FEET; THENCE N 45 ° 21 ' 33 " E FOR 42.68 FEET TO THE

POINT OF BEGINNING.

CONTAINING 4,390 ACRES, MORE OR LESS.

SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS -

OF - WAY (RECORDED AND UNRECORDED, WRITTEN AND UNWRITTEN)

BEARINGS ARE BASED O N THE NORTH LINE OF SECTION 10, TOWNSHIP

45 SOUTH, RANGE 25 EAST AS BEARING S88 _ 57 ' 32 " W.

TOGETHER WITH:

DESCRIPTION

SECTION 3, TOWNSHIP 45 SOUTH, RANGE 25 EAST

LEE COUNTY, FLORIDA

PARCEL "B"

A TRACT OR PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 45

SOU TH, RANGE 25 EAST, LEE COUNTY, FLORIDA WHICH TRACT OR

PARCEL IS DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3 RUN N

88 _ 37 ' 17 " E ALONG THE NORTH LINE OF THE NORTHWEST ONE - QUARTER

(NW 3 ) OF SAID SECTION 3 FOR 2477.68 FEET TO AN INTERSECTION

WITH THE WESTERLY RIGHT - OF - WAY LINE OF INTERSTATE 75 (I - 75)

(STATE ROAD NO. 93) (324 FEET WIDE) AND THE POINT OF

BEGINNING; THENCE RUN S 14 _ 49 ' 52 " E ALONG SAID WESTERLY RIGHT -

OF - WAY LINE FOR 677.94 FEET TO AN INTERSECTION WITH THE EAST

LINE O F THE NORTHWEST ONE - QUARTER (NW 3 ) OF SAID SECTION 3;

THENCE RUN S 00 _ 49 ' 05 " E ALONG SAID EAST LINE FOR 1299.77 FEET

TO THE NORTHWEST CORNER OF THE WEST HALF (W 2 ) OF THE

SOUTHWEST QUARTER (SW 3 ) OF THE NORTHEAST QUARTER (NE 3 ) OF

SAID SECTION; THENCE RUN N 88 _ 12 ' 52 " E ALONG THE NORTH LINE OF

SAID FRACTION FOR 323.06 FEET TO AN INTERSECTION WITH SAID

WESTERLY LINE OF STATE ROAD NO. 93; THENCE RUN S 14 _ 49 ' 52 " E

ALONG SAID WESTERLY LINE FOR 2.67 FEET TO AN INTERSECTION WITH

THE EAST LINE OF SAID FRACTION; THE NCE RUN S 00 _ 37 ' 05 " E ALONG

SAID EAST LINE FOR 650.21 FEET TO THE SOUTHEAST CORNER OF SAID

FRACTION; THENCE RUN N 88 _ 09 ' 46 " E ALONG THE NORTH LINE OF

THE SOUTHEAST ONE - QUARTER (SE 3 ) OF SAID SECTION 3 FOR 163.88

FEET TO AN INTERSECTION WITH SAID WESTERLY RIGHT - OF - WAY LINE;

THENCE RUN S 14 _ 49 ' 52 " E ALONG SAID WESTERLY RIGHT - OF - WAY LINE

FOR 1474.99 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHERLY

ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 22800.31 FEET

(CHORD BEARING S 13 _ 33 ' 28 " E) (CHORD 1013.23 FEET) (DELTA

02 _ 32 ' 47 " ) FOR 1013.31 FEET TO A POINT ON A NON - TANGENT LINE;

THENCE RUN N 82 _ 23 ' 52 " W FOR 122.32 FEET TO A POINT ON A NON -

TANGENT CURVE; THENCE RUN NORTHERLY ALONG AN ARC OF A CURVE TO

THE LEFT OF RADIUS 22685.31 FEET (CHORD BEARING N 13 _ 36 ' 38 " W)

(CHORD 966.55 FEET) (DELTA 02 _ 26 ' 29 " ) FOR 966.63 FEET TO A

POINT OF TANGENCY; THENCE RUN N 14 _ 49 ' 52 " W FOR 542. 01 FEET

TO A POINT OF CURVATURE; THENCE RUN NORTHWESTERLY ALONG AN ARC

OF A CURVE TO THE LEFT OF RADIUS 250.00 FEET (CHORD BEARING N

54 _ 04 ' 24 " W) (CHORD 316.30 FEET) (DELTA 78 _ 29 ' 05 " ) FOR 342.45

FEET TO A POINT OF TANGENCY; THENCE RUN S 86 _ 41 ' 03 " W FOR

1133.06 FEET; THENCE RUN N 02 _ 10 ' 37 " W FOR 387.06 FEET; THENCE

RUN N 87 _ 40 ' 37 " W FOR 838.00 FEET; THENCE RUN N 01 _ 19 ' 23 " E

FOR 243.00 FEET; THENCE RUN S 88 _ 09 ' 46 " W FOR 190.18 FEET TO

AN INTERSECTION WITH THE SOUTHEASTERLY LINE OF SIX MILE

CYPRESS PRESERVE, AS RECORDED IN OFFICIAL RECORD BOOK 1741 AT

PAGE 1241 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE

RUN THE FOLLOWING FIFTEEN (13) COURSE S ALONG SAID

SOUTHEASTERLY LINE;

N 15 _ 42 ' 08 " E FOR 184.34 FEET;

N 20 _ 55 ' 23 " E FOR 222.23 FEET;

N 45 _ 09 ' 19 " E FOR 183.23 FEET;

N 31 _ 07 ' 36 " E FOR 305.01 FEET;

N 32 _ 55 ' 08 " E FOR 155.78 FEET;

N 17 _ 03 ' 28 " E FOR 110.45 FEET;

N 26 _ 26 ' 47 " E FOR 300.81 FEET;

N 18 _ 4 2 ' 17 " E FOR 150.86 FEET;

N 04 _ 51 ' 19 " W FOR 340.19 FEET;

N 12 _ 09 ' 34 " E FOR 251.79 FEET;

N 27 _ 12 ' 34 " E FOR 210.15 FEET;

N 14 _ 53 ' 31 " E FOR 323.53 FEET;

N 35 _ 18 ' 42 " E FOR 275.49 FEET TO AN INTERSECTION WITH THE

NORTH LINE OF THE NORTHWEST ONE - QUARTER (NW 3 ) O F SAID SECTION

3; THENCE RUN N 88 _ 37 ' 17 " E ALONG SAID NORTH LINE FOR 530.87

FEET TO THE POINT OF BEGINNING.

CONTAINING 111.14 ACRES, MORE OR LESS.

TOTAL AREA FOR BOTH PARCELS 4,501.14 ACRES, MORE OR LESS.

BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE NORTH LINE OF

THE NORTHWEST QUARTER (NW 3 ) OF SAID SECTION 3 TO BEAR N

88 _ 37 ' 17 " W WHICH BEARING IS DERIVED FROM PLANE COORDINATE FOR

THE FLORIDA WEST ZONE (1979 ADJUSTMENT).

Specific Authority 120.53(1), 190.005, FS.

Law Implemented 190.004, 190.005, FS .

History - new 5 - 22 - 86 , Amended .