The purpose of this proposed rule amendment is to expand the boundaries of the River Hall Community Development District (“CDD”), pursuant to Chapter 190, F.S. The Petition, as amended, was filed by the River Hall Community Development District ...

LAND AND WATER ADJUDICATORY COMMISSION
Hawk’s Haven Community Development District

RULE NO: RULE TITLE
42YY-1.002: Boundary
PURPOSE AND EFFECT: The purpose of this proposed rule amendment is to expand the boundaries of the River Hall Community Development District (“CDD”), pursuant to Chapter 190, F.S. The Petition, as amended, was filed by the River Hall Community Development District with its registered office located at 2401 River Hall Parkway, Alva, Florida 33920. The Petition, as amended, proposes to modify the land area presently serviced by the District by amending its boundary to add approximately 30 acres of property adjacent to the District. The District currently covers approximately 1,926.03 acres of land and after expansion the District will encompass approximately 1,958.43 acres. Petitioner has written consent to expand the District from the owners of the real property to be added to the District. Pursuant to section 190.046(1)(e), F. S., the filing of the Petition, as amended, for expansion by the District Board of Supervisors constitutes consent of the landowners.
SUMMARY:
SUMMARY OF ESTIMATED REGULATORY COSTS: In association with the Petition, as amended, the Petitioner has caused a Statement of Estimated Regulatory Costs (“SERC”) to be prepared in compliance with section 120.541, F.S. The SERC was amended on November 30, 2005. The complete text of the amended SERC is contained at Exhibit “I” to the Petition. By way of summary, the amended SERC estimates the principal individuals and entities likely to be required to comply with the amended rule are the state, Lee County, Florida, the current property owners within the existing District and the landowners within the District’s proposed amended boundary. The amended SERC estimates the type of individuals likely to be affected by the amended rule as landowners within the District’s amended boundary. The amended SERC estimates that rule amendment implementation and enforcement costs to the above-described entities will be minimal, are concurrently budgeted or not burdensome, and/or are offset by the payment of requisite filing and annual fees; and, estimates there will be no effect on state and local revenues from the proposed amendment of the rule. With respect to an estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the rule, the amended SERC indicates that to fund the cost of maintaining infrastructure that the District maintains, operation and maintenance assessments may be imposed on the District property owners. The amended SERC notes, as with the special assessments for infrastructure acquisition and construction, the property owner will be responsible for payment of these assessments on the basis of the amount of benefited property owned. Persons choosing to acquire property in the expansion area will be responsible for such assessments in addition to the taxes or assessments imposed by Lee County or other taxing authorities. In exchange for payment of these assessments, there are potential benefits derived by the future property owners. Finally, the amended SERC concludes that the expansion of the District’s boundary will have no impact on small businesses and should not have negative impact on small cities or counties as the cost to construct the infrastructure is borne entirely by the property owners within the District. Lee County is not a “small” county as defined by section 120.52, F.S. According to the amended SERC, the SERC analysis is based on data provided by the developer/petitioner and represents the best information available. Other data was provided by Rizzetta & Company and was based on observations, analysis and experience with private development and other community development districts in various stages of existence.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 190.005, 190.046 FS.
LAW IMPLEMENTED: 190.005, 190.046 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: Tuesday, May 9, 2006, 10:00 a.m.
PLACE: Room 1802M, The Capitol, Tallahassee, Florida.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 2 days before the workshop/meeting by contacting: Barbara Leighty at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Leighty, Senior Policy Analyst, Florida Land and Water Adjudicatory Commission, The Capitol, Room 1802, Tallahassee, Florida 32399-0001, [phone].

THE FULL TEXT OF THE PROPOSED RULE IS:

42YY-1.002  Boundary.

The boundaries of the District are as follows:

Parcel in

Sections 25, 26, 27, 34, 35 and 36,

Township 43 South, Range 26 East

Lee County, Florida

A tract or parcel of land lying in Sections 25, 26, 27, 34, 35 and 36, Township 43 South, Range 26 East, Lee County, Florida, said tract or parcel of land being more particularly described as follows:

Beginning at the Southeast Cornercorner of said Section 34 run N00° 59'34"W along the East line of the Southeast Quarter (SE 1/4 ¼) of said Section 34 for 2,654.70 feet to the East Quarter Corner of said Section 34; thence run S89° 15'30"W along the North line of the South Half (S 1/2 ½) of said Section 34 for 5,100.92 feet to a point on a non-tangent curve at the intersection with the Easterly line of lands described in a deed recorded in Official Record Book 4107, at Page 886, Lee County Records; thence run northwesterly along said Easterly line and along an arc of curve to the left of radius 240.00 feet (delta 21° 30'24") (chord bearing N34° 21'11"W) (chord 89.56 feet) for 90.09 feet to a point of tangency; thence run N45° 06'23"W along said Easterly line for 156.71 feet to a point of curvature; thence run northwesterly along said Easterly line and along an arc of curve to the left of radius 240.00 feet (delta 06° 54'55") (chord bearing N48° 33'50"W) (chord 28.95 feet) for 28.97 feet to an intersection with the West line of the Northwest Quarter (NW 1/4 ¼) of said Section 34; thence run N00° 49'55"W along said West line for 2,437.57 feet to the Southwest Corner of said Section 27; thence run N00° 49'48"W along the West line of the Southwest Quarter (SW 1/4 ¼) of said Section 27 for 659.59 feet to the Southwest corner of the Northwest Quarter (NW 1/4 ¼) of the Southwest Quarter (SW 1/4 ¼) of the Southwest Quarter (SW ¼) of said Section 27; thence run N89° 06'39"E along the South line of the North Half (N 1/2 ½) of the Southwest Quarter (SW 1/4 ¼) of the Southwest Quarter (SW ¼) of said Section 27 for 1,318.66 feet to the Southeast corner of the Northeast Quarter (NE 1/4 ¼) of the Southwest Quarter (SW 1/4 ¼) of the Southwest Quarter (SW ¼) of said Section 27; thence run N00° 50'33"W along the East line of said Fraction for 660.48 feet to the Northeast Corner of said Fraction; thence run S89° 04'20"W along the North line of said Fraction for 659.26 feet to the Southeast corner of the Southwest Quarter (SW 1/4 ¼) of the Northwest Quarter (NW 1/4 ¼) of the Southwest Quarter (SW 1/4 ¼) of said Section 27; thence run N00° 50'10"W along the East line of said Fraction for 660.23 feet to the Northeast Corner of said Fraction; thence run S89° 02'22"W along the North line of said Fraction for 659.19 feet to an intersection with the West line of the Southwest Quarter (SW 1/4 ¼) of said Section 27; thence run N00° 49'48"W along said West line for 659.85 feet to the West Quarter Corner of said Section 27; thence run N00° 47'16"W along the West line of the Northwest Quarter (NW 1/4 ¼) of said Section 27 for 1,328.51 feet to an intersection with the Southerly right of way line of State Road 80, (150 feet wide); thence run N77° 10'14"E along said Southerly right of way line for 2,020.27 feet to an intersection with the West line of the Southeast Quarter (SE 1/4 ¼) of the Northeast Quarter (NE 1/4 ¼) of the Northwest Quarter (NW 1/4 ¼) of said Section 27; thence run S00° 50'17"E along said West line for 421.56 feet to the Southwest Corner of said Fraction, being designated as POINT "A"; thence run N88° 54'52"E along the South line of said Fraction for 658.74 feet to an intersection with the West line of the East Half (E 1/2 ½) of said Section 27; thence run S00° 51'17"E along said West line for 2,065.72 feet to an intersection with the Southwesterly line of Conservation Easement CE-5, described in a deed recorded in Official Record Book 3492, at Page 568, Lee County Records; thence run along said Southwesterly line the following courses: S89° 09'06"W for 37.27 feet to a point on a non-tangent curve; northwesterly along an arc of curve to the left of radius 544.11 feet (delta 28° 08'56") (chord bearing N29° 19'43"W) (chord 264.63 feet) for 267.31 feet  to a point on a non-tangent curve; northerly along an arc of curve to the right of radius 76.19 feet (delta 50° 10'58") (chord bearing N18° 17'17" W) (chord 64.62 feet) for 66.73 feet  to a point on a non-tangent curve; and northerly along an arc of curve to the left of radius 294.98 feet (delta 04° 38'23") (chord bearing N04° 29'11"E) (chord 23.88 feet) for 23.89 feet; thence run S89° 59'57"W along a non-tangent line for 290.94 feet to a point on a non-tangent curve and an intersection with the Southerly line of Conservation Easement CE-6, described in a deed recorded in Official Record Book 3492, at Page 568, Lee County Records; thence run along said Southerly line the following courses: southerly along an arc of curve to the left of radius 366.19 feet (delta 02° 13'10") (chord bearing S03° 58'21"W) (chord 14.18 feet) for 14.19 feet; S69° 32'12"W along a non-tangent line for 112.75 feet to a point on a non-tangent curve; southwesterly along an arc of curve to the left of radius 175.00 feet (delta 102° 58'00") (chord bearing S52° 06'04"W) (chord 273.85 feet) for 314.49 feet; S88° 44'23"W along a non-tangent line for 23.42 feet; S71° 47'56"W for 48.67 feet; S07° 58'00"W for 35.55 feet; S03° 55'13"E for 56.03 feet; S23° 32'56"W for 47.94 feet; S33° 25'14"W for 36.18 feet; S12° 58' 58"W for 61.88 feet; N86° 33'52"W for 89.92 feet;  and S82° 52'46"W for 49.35 feet; thence run S84° 07'47"W along said Southerly line and the extension thereof for 87.43 feet to a point on a non-tangent curve; thence run southeasterly along an arc of curve to the left of radius 700.00 feet (delta 34° 14'28") (chord bearing S52° 26'02"E) (chord 412.14 feet) for 418.33 feet to a point of tangency; thence run S69° 33'15"E for 283.26 feet to a point of curvature; thence run southeasterly along an arc of curve to the right of radius 550.00 feet (delta 53° 24'45") (chord bearing S42° 50'53"E) (chord 494.36 feet) for 512.72 feet to a point of tangency; thence run S16° 08'30"E for 429.10 feet to a point of curvature; thence run southerly along an arc of curve to the left of radius 700.00 feet (delta 02° 04'24") (chord bearing S17° 10'43"E) (chord 25.33 feet) for 25.33 feet to an intersection with the Northerly right of way line of the former Seaboard All Florida Railroad (100 feet wide) and Florida Power & Light Co. Easement (100 feet wide), described in a deed recorded in Deed Book 230, at Page 106, Lee County Records; thence run N89° 00'08"E along a non-tangent line and said Northerly right of way line for 112.79 feet to an intersection with the West line of the East Half (E 1/2 ½) of said Section 27; thence run S00° 51'17"E along said West line for 50.00 feet to an intersection with the North line of the South 50 feet of said former Seaboard All Florida Railroad right of way (100 feet wide); thence run N89° 00' 08"E along said North line for 7,949.61 feet to an intersection with the West line of the Southwest Quarter (SW 1/4 ¼) of said Section 25; thence run N00° 33'55"W along said West line for 50.00 feet to an intersection with the Northerly right of way line of the former Seaboard All Florida Railroad (100 feet wide); thence run N89° 00'08"E along said right of way line for 5,295.61 feet to an intersection with the East line of the Southeast Quarter (SE 1/4 ¼) of said Section 25; thence run S01° 39'28"E along said East line for 629.62 feet to the Northeast Corner of said Section 36 being designated as POINT "B"; thence run S00° 16'51"E along the East line of the Northeast Quarter (NE 1/4 ¼) of said Section 36 for 2,647.36 feet to the East Quarter Corner of said Section 36; thence run S00° 45'42"E along the East line of the Southeast Quarter (SE 1/4 ¼) of said Section 36 for 2,644.68 feet to the Southeast Corner of said Section 36; thence run S89° 12'27"W along the South line of the Southeast Quarter (SE 1/4 ¼) of said Section 36 for 2,644.62 feet to the South Quarter Corner of said Section 36; thence run S89° 11'43"W along the South line of the Southwest Quarter (SW 1/4 ¼) of said Section 36 for 2,643.63 feet to the Southeast Corner of said Section 35; thence run S88° 54'06"W along the South line of the Southeast Quarter (SE 1/4 ¼) of said Section 35 for 2,643.622643.62 feet to the South Quarter Corner of said Section 35; thence run S88° 53'41"W along the South line of the Southwest Quarter (SW 1/4 ¼) of said Section 35 for 2,642.70 feet to the POINT OF BEGINNING.

LESS and EXCEPT the following described parcels.  From the point designated as POINT "A" run S88° 54'52"W along the South line of the Northeast Quarter (NE 1/4 ¼) of the Northwest Quarter (NW 1/4 ¼) of said Section 27 for 658.74 feet to the Northeast Corner of the Northeast Quarter (NE 1/4 ¼) of the Southwest Quarter (SW 1/4 ¼) of the Northwest Quarter (NW 1/4 ¼) of said Section 27 and POINT OF BEGINNING.

From said Point of Beginning run S00° 49'17"E along the East line of said Fraction for 660.13 feet to the Southeast Corner of said Fraction; thence run S88° 57'38"W along the South line of said Fraction for 658.93 feet to the Southwest Corner of said Fraction; thence run N00° 48'16"W along the West line of said Fraction for 659.60 feet to the Northwest Corner of said Fraction; thence run N88° 54'52"E along the North line of said Fraction for 658.74 feet to the POINT OF BEGINNING.

AND

LESS and EXCEPT the following described parcel.

From the point designated as POINT "B" run S88° 44'46"W along the South line of the Southeast Quarter (SE 1/4 ¼) of said Section 25 for 2,674.22 feet to the South Quarter Corner of said Section 25 and POINT OF BEGINNING.From said Point of Beginning; thence run S89° 12'44"W along the South line of the Southwest Quarter (SW 1/4 ¼) of said Section 25 for 2,633.46 feet to the Southeast Corner of said Section 26; thence and the  POINT OF BEGINNING.

From said Point of Beginning run S89° 14'15"W along the South line of the Southeast Quarter (SE 1/4 ¼) of said Section 26 for 1,327.50 feet to the Southwest Corner of the Southeast Quarter (SE 1/4 ¼) of the Southeast Quarter (SE 1/4 ¼) of said Section 26; thence run N00° 23'46"W along the West line of said Fraction for 526.48 feet to an intersection with the Southerly right of way line of the former Seaboard All Florida Railroad (100 feet wide); thence run N89° 00'08"E along said Southerly right of way line for 3,955.591,325.98 feet to an intersection with the East line of the SouthwestSoutheast Quarter (SW 1/4 SE ¼) of said Section 2526; thence run S00° 5833'4355"E along said East line for 541.54531.91 feet to the POINT OF BEGINNING.

Containing a Total Area of 1,926.031958.43 Acres, more or less.

Bearings hereinabove mentioned are State Plane for the Florida West Zone (1983/90 adjustment) and are based on the west line of the Northwest Quarter (NW 1/4 ¼) of said Section 34 to bear N00°49'55"W.

Specific Authority  190.005 FS., 190.046, FS. Law Implemented  190.004 FS., 190.005 FS., 190.046, FS. History–New 4/21/05, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Teresa Tinker, Florida Land and Water Adjudicatory Commission, Room 1801, The Capitol, Tallahassee, Florida 32399-0001.
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Teresa Tinker, Florida Land and Water Adjudicatory Commission.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD:
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 24, 2006.