THE CITY OF WINTER GARDEN CITY COMMISSION AGENDA ITEM

From:	Mark Cechman, Planning Director

Via: Date: Subject:

Issue:

r)
City Manager Mike Bollhoefer  /1/~1  U

January 4, 2006	Meeting Date:	January 12, 2006

Winter Garden Village at Fowler Groves - Approval of the Community Development District

First Reading of Ordinance 06-06; Granting  the  Petition  for  the Establishment of the Winter Garden Village at Fowler Groves Community Development District

Recommended action:

Motion to approve Ord. 06-06 with the second reading  and public hearing to  be held on January 26, 2006.

Attachments/References:	Ord. 06-06, with attachments

CITY	OF	WINTER	GARDEN
Engineering Departnient
251 West Plant Street - Winter Garden, Florida 34787-3011 (407) 841-4084 - FAX (407) 648-8763

#0825-262

1\1 E  lvl O  R A N D U 1\1

TO: FROM:

DATE: SUBJECT:

MARK CECHMAN, CITY PLANNER

MARSHALL ROBERTSON, ASSISTANT CITY MANAGER BOB SMITH, PUBLIC WORKS DIRECTOR
CHARLES TINCH, ASSIST ANT UTILITIES DIRECTOR ARTHUR R. MILLER, III, PE, PLS - CITY ENGINEER

JANUARY 4, 2006

WINTER GARDEN  VILLAGE  AT  FOWLER  GROVES SEMBLER FLORIDA, INC. - REVIEW OF PETITION FOR CDD

Pursuant to your request. we have reviewed the petition requesting the City to approve a community development district (CDD) for the above referenced project.

Since this is primarily a financing arrangement and does not directly  influence  the  engineering  aspects  of  the project, our only comment was to exclude the residential portion of the project from the CDD. As depicted on the exhibits, the residential portion is being excluded as requested. We have no other comments at this time.

Please review this information and contact our office if you have any questions. Thank you.

END OF MEMORANDUM

File· \VIARMIWG81

ORDINANCE NO. 06-06

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER GARDEN, FLORIDA, GRANTING  PETITION  OF  SEMBLER  FLORIDA,  INC. FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT; CREATING AND ESTABLISHING WINTER GARDEN VILLAGE AT FOWLER GROVES COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR NAME, POWERS AND DUTIES; PROVIDING DESCRIPTION AND BOUNDARIES; PROVIDING INITIAL ME1v1BERS OF BOARD OF SUPERVISORS; PROVIDING SEVERAI3ILITY AND AN EFFECTIVE DATE

WHEREAS, the Florida Legislature created and amended Chapter 190, Florida Statutes, to provide an alternative method to finance and manage basic services for community development; and

WHEREAS, Sembler Florida, Inc. has petitioned for the establishment of the Winter Garden Village at Fowler Groves Community Development District (the "District"); and

WHEREAS, a public hearing has been conducted by the City Commission (the "Commission") of the City of Winter Garden, Florida (the "City") in accordance with the requirements and procedures of Section 190.005(2)(d), Florida Statutes, and the applicable requirements and procedures of the City's Charter and Code of Ordinances; and

WHEREAS, the District will constitute a timely, efficient, effective, responsive and economic way to deliver community development services in the area, thereby providing a solution to the City's planning, management and fo,ancing needs for delivery of capital infrastructure therein without overburdening the City and its taxpayers; and

WHEREAS, the Commission finds that the statements contained in the Petition are true and correct; and

WHEREAS, the creation of the District is not inconsistent with any applicable element or portion of the State comprehensive plan or the City's Comprehensive Plan; and

WHEREAS, the area of land ,vithin the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated development; and

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

WHEREAS, the proposed facilities and services to be provided by the District \vill be compatible with the capacity and uses of existing local and regional community development facilities and services; and

WHEREAS, the area that will be served by the District is amenable to separate special district government; and

WHEREAS, the Commission finds that the District shall have those general and special powers authorized by Sections 190.011 and 190.012, Florida Statutes,  and  set forth  herein,  and that it is in the public interest of all of the citizens of the City that the District have such powers, navv, therefore,

BE IT ENACTED BY THE CITY OF WINTER GARDEN, FLORIDA:

Section 1. The foregoing findings, v-1 hich are expressly set  forth  herein,  are  hereby adopted and made a part hereof.

Section 2. The Petition to establish the Winter Garden Village at Fowler Groves Community Development District over the real property described in Exhibit 2 of the Petition, a copy of which is attached hereto, which was filed by the Petitioner, on December 14, 2005, and which Petition is on file at the Office of the Clerk of the Commission, is hereby granted. A copy of the Petition is attached and incorporated herein (Exhibit A).

Section 3. The external boundaries of the District are  depicted  on  the location  map attached hereto and incorporated herein as Exhibit B.
Section 4.	The initial members of the Board of Supervisors shall be as follows: Tom Hareas
David Davis Dan Dorris
Stephen H. Bekemeyer Harold L. Bekemeyer, Sr.

Section 5. The name of the District shall be the "Winter Garden Village at Fowler Groves Community Development District."

Section 6. The Winter Garden Village at Fmvler Groves Community Development District is created for the purposes set forth in Chapter 190, Florida Statutes.

Section 7. Pursuant to Section 190.005 (2) (d), Florida Statutes, the charter for the  Winter Garden Village at Fowler Groves Community Development District shall be Sections
through 190.041, Florida Statutes, as amended

Section 8. The Commission hereby grants to the Winter Garden Village at Fowler Groves Community Development District all powers authorized pursuant to Sections 190.011

2

and 190.012(1), (2)(a), (b), (d), (e) and (f) and  (3), Florida  Statutes, and  hereby  finds that it is in the public interest of all citizens of the City to grant such general powers.

Section 9. All bonds issued by the Winter Garden Village at Fovl'lcr  Groves Conununity Development District pursuant to the pmvers granted by this ordinance shall be validated pursuant to Chapter 75, Florida Stah1tes.

Section 10. No bond, debt or other obligation of the Winter Garden Village at Fmvler Groves Community Development District, nor any default thereon, shall constitute a debt or obligation of the City.

Section 11.     If  any   section, subsection, sentence, clause or  provision  of  this ordinance  is held invalid, the remainder of this ordinance shall not be affected by such invalidity.

Section 12. It is the intention of the Commission, and it is hereby ordained that the provisions of this ordinance shall be excluded from the City's Code of Ordinances.

Section 13.
enactment.

READ FIRST TIME:

This ordinance shall become effective ten (10) days after the date of

------- 2006.

READ SECOND TIME AND PUBLIC HEARING HELD:	2006.

APPROVED:

JACK QUESINBERRY, Mayor/Commissioner
ATTEST:

KATHY GOLDEN, City Clerk

3

EXHIBIT "A"

PETITION

T:\l'lanning\erase\ 12-30-05 Rubia's Revisions To Artin's COD Ordinance2.DOC
A-1

PETITION  TO ESTABUSH

THE

WINTER GARDEN VILLAGE AT FOWLER GROVES

COMMUNITY DEVELOPMENT DISTRICT

Submitted By:	Kenneth R. Artin
Florida Bar No. 804398 Bryant Miller & Olive P.A. 135 West Central Boulevard Suite 700
Orlando, Florida 32801-2437
Phone:	(407) 426-7001
Fax:	(407) 426-7262

J: \ wdox \ Docs I Clients\ 6173I 00 I closing\ 00000923.DOC

TABLE OF CONTENTS

Petition to Establish the Winter Garden Village at Fowler Groves Community Development District

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

Exhibit 8

General Location l\;fap

Metes and Bounds Legal Description of the External boundaries of the Winter Garden Village at Fowler Groves Community Development Dish·ict

Map of the proposed Winter Garden Village at Fowler Groves Commw1ity Development District

Consent and Joinder of Landowners

Winter Garden Comprehensive Plan -- Future Land Use Element

Existing Major Trunk Water Mains, Wastewater Interceptors and Indicates Major Outfall Canals and Drainage Basins for the Lands Within Proposed District

District Facilities and Estimated Costs

Statement of Estimated Regulatory Costs (SERC)

J: \ wdox\ Docs\ Clients\ 6173\ 00\ closing\ 00000923.DOC

PETITION TO ESTABLISH THE WINTER GARDEN VILLAGE AT FOWLER GROVES COMMUNITY DEVELOPMENT DISTRICT

111e Petitioners, Sembler Florida, Inc., a Florida corporation (hereinafter "Petitioner"), hereby petition the City Commission pursuant to the "Uniform Community Development District Act of 1980," Chapter 190, Florida Statutes, to establish a Community Development District (hereafter "District") with respect to the land described herein. In support of this petition, Petitioners state:

Petitioner. Sembler Florida, Inc. is  a  company  formed  to  engage  in  the  business of land development with their offices located at 5858 Central Avenue, St. Petersburg, Florida 33707.
Location and Size. The proposed District is located entirely wiLhi..n the incorporated limits of  the  City of  Winter Garden, Florida.  Exhibit 1 depicts the general location of the project. The proposed District covers approximately 146.7 acres of  land.  The  site  is located east of C.R. 535 and north of S.R. 429. The metes and bounds legal description of the external boundaries of the District is set forth in Exhibit 2 and a map of the  proposed  District is set forth in Exhibit 3.

Excluded Parcels. There are no parcels within the external boundaries of the proposed District that are to be excluded from the District.

Landowner Consent. Petitioners have obtained the written consent of the landowners to establish the District in accordance with Section 190.005, Florida Statutes, and a copy of which is contained in Exhibit 4.

Initial Board Members.	The five persons designated to serve as initial members of the Board of Supervisors of the proposed District are as follows:

Name: Address:

Name: Address:

Name: Address:

Name: Address:

Tom Hareas
5858 Central  Avenue St. Petersburg, FL 33707
David Davis
5858 Central  Avenue St. Petersburg, FL 33707
Dan Dorris
5858 Central  Avenue St. Petersburg, FL 33707
Stephen H. Bekemeyer 1625 Highway 535 Winter Garden, FL 34787

1

Name: Address:

Harold L. Bekemeyer, Sr. 136 N. Highland Avenue Winter Garden, FL 34787

All of the above-listed persons are residents of the State  of  Florida  and  citizens  of  the United States of America.
Name. The proposed name of the District is the Winter Garden Village at Fowler Groves Community Development District.

Fuhue Land Uses. The future general distribution, location and  extent  of  the public and private land uses proposed for the District by the Future Land Use Element of the Winter Garden Comprehensive Plan is identified on  Exhibit  5.  The  proposed  land  uses  for lands within the proposed District are consistent with the  adopted  applicable  Comprehensive Plan.
Major Water and Wastewater Facilities.	The	existing	major	trunk	water mains and wastewater interceptors and outfalls are shown on Exhibit 6.

District Facilities and Services.	The Petitioners presently intend for the District to participate in the acquisition, construction and/or installation of  certain  systems, facilities and basic infrastructure within the ambit of Section 190.012, Florida Statutes. Exhibit 7 describes the facilities that the Petitioners presently expects the District to finance, fund, plan, establish, acquire, construct, reconstruct, enlarge, extend, equip, operate and/or maintain. The estimated   cost  of   construction   are   also   described   in Exhibit  7.	Achial timetables and expenditures will likely vary, due in part to the effects of future changes in  the  economic conditions upon costs such as labor, services,  materials,  interest  rates and  market conditions  but it is expected that the construction of the improvements will be completed within 18 months following commencement of construction.

Statement of Estimated Recirculatorv Costs. Exhibit 8 1s the statement of estimated regulatory costs ("SERC") prepared in accordance with the requirements of Section 120.541, Florida Statutes (2002). The SERC is based upon presently available data. The data and methodology used in preparing the SERC accompany it.

Rationale and Basis for Establishment of District.	This petition to establish the
·winter Garden Village at Fowler Groves Community  Development  District  addresses  the factors set forth in Section 190.00S(e), Florida Statute and in accordance therewith should be granted for the following reasons:

All statements contained in this Petition are true and correct.

2

Establishment of the District and all land uses and services planned within the proposed District are not inconsistent with applicable elements or portions of the effective State Comprehensive Plan or local Comprehensive Plan.

The area of land within the proposed District is of a sufficient size and  is sufficiently compact and contiguous to be developed as one functional and interrelated development.

The establishment of the District will prevent the general body of taxpayers in the City from bearing the burden for installation of the infrastructure and the maintenance of certain facilities within the development encompassed by the District. The District is the best alternative for delivering community development services and facilities to the proposed development without imposing an additional burden on the general population of the local general-purpose government. Establishment of the District allows for a more efficient use of resources.
The community development services and facilities of the District will not be incompatible with the capacity and use of existing local and regional community development services and facilities.

The area to be served by the proposed District is amenable to separate special- district government.

[Remainder of page intentionally left blank]

3

WHEREFORE, Petitioners respectfully requ2st the City Commission to:

(a)	Schedule a public hearing in accordance with the requirernents of Section 190.005, Flmida Statutes, as amended; pursuant to Chapter 190, Florida Statutes.

RESPECTFULLY SUBMJ 1 TED, this 13th day of December, 2005.

BRYANT MlLlLlER & OUVE, JP'oA.
//		,11!	P/	:-
By:	 	l,	
Kenneth R. Artin Florida Bar No. 804398
Bryant Miller & Olive P.A. 135 West Cenh·al Boulevard Suite 700
Orlando, Florida 32801-2437
Phone:	(407) 426-7001
Fax:	(407) 426-7262

Attorney for Petitioner

4

JEXHKBKT 1

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JOB	NO: 04100

DATE: 03-10-05 BY: FP
SCALE: N.T.S.

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GENERAL LOCATION MAP
WINTER GARDEN VILLAGE@ FOWLER GROVES COD
FOR
SEMBLER
STATE ROAD 535 I STATE ROAD 429
WINTER GARDEN, FLORIDA

NORTH	EXHIBIT 1

ENGINEERS & SURVEYORS
 	   	201 SOUTH BUMBY AVENUE ORLANIJO, FLORIIJA 32803
PH: {407) 89-3317 FAX: {407) 896-9167 EilfAIL: WWW.LOCHRANE.COM

EXHIBIT 2
Meres and Bounds Legal Description of the External Boundaries of the Winder G::arden Village at Fowler Groves Community Development Distdd:

SKETCH	OF	DESCRIPTION
COMMUNITY	DEVELOPMENT	DISTRICT

LEGAL DESCRIPTION:
A PORTION OF LAND LYING IN SECTION 35, TOWNSHIP 22 SOUTH, RANGE 27 EAST, AND SECTION 2. TOWNSHIP 23 SOUTH, RANGE 27 EAST, ORANGE COUNTY, FLORIDA: BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT THE EAST /14 CORNER OF SECTION 35, TOWNSHIP 22 SOUTH, RANGE 27 EAST: THENCE RUN S89'33'22"W, ALONG THE NORTH LINE OF THE SOUTHWEST l/4 OF SAID SECTION, A DISTANCE OF 2675.25 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4, OF SAID SECTION 35: THENCE DEPARTING SAID NORTH LINE RUN S00'48'!6"E, ALONG THE WEST LINE OF SAID SOUTHWEST 114, A DISTANCE OF 1335.93 FEET TO THE SOUTHEAST CORNER, OF THE NORTHEAST //4, OF THE SOUTHWEST 1/4 OF SAID SECTION 35, FOR A POINT OF BEGINNING: THENCE DEPARTING SAID WEST LINE RUN N89'36'09"E, ALONG THE NORTH LINE OF THE SOUTHWEST 114 AND THE NORTH LINE OF THE SOUTHEAST l/4, OF THE SOUTHEAST J/4
OF SAID SECTION 35 A DISTANCE OF 2197.98 FEET  TO A POINT  5.00 FEET  NORTHWESTERLY OF  THE WESTERLY  RIGHT  OF  WAY LINE OF RIGHT  OF  WAY  "G", PER OFFICIAL RECORD BOOK 6084, PAGE 2829, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON A
NON-TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1082.45 FEET AND A CHORD BEARING OF S53'53'!9"W; THENCE DEPARTING SAID NORTH LINE RUN ALONG A LINE PARALLEL WITH AND 5.00 FEET PERPENDICULAR TO SAID WESTERLY RIGHT OF WAY LINE AND ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF !0'56'43", AN ARC DISTANCE OF 206.78 FEET TO THE POINT OF TANGENCY: THENCE RUN S48'24'58"W A DISTANCE OF 1459.77 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 11373.16
FEET: THENCE RUN ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF !'59'!5", AN ARC DISTANCE OF 394.54 FEET TO A POINT OIi THE SOUTH LINE OF THE SOUTHWEST 1/4, OF THE SOUTHEAST 114 OF SAID SECTION 35; THENCE CONTINUE ALONG SAID CURVE HAVING A CENTRAL
ANGLE OF 5'!0'57", AN ARC DISTANCE OF 1028.70 FEET TO THE POINT OF TANGENCY; THENCE RUN S55°35'IO"W A DISTANCE OF 959.56 FEET TO A POIN
5.00 FEET NORTHEASTERLY OF THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 535, AS SHOWN ON SHEET 24 OF 31, OF THE ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP FOR THE WESTERN BELTWAY, STATE ROAD No. 429, PROJECT No. 75320-6420-654, SAID POINT ALSO BEING A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1034.93 FEET AND A CHORD BEARING OF N45°35'03"W: THENCE RUN ALONG A LINE PARALLEL WITH AND 5.00 FEET PERPENDICULAR TO SAID EASTERLY RIGHT OF WAY LINE AND ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 48°06'33" AN ARC DISTANCE OF 868.99 FEET: THENCE DEPARTiNG SAID CURVE RUN S20'38'i7"W A
DISTANCE OF 24.99 FEET: THENCE RUN N69°2!'43"W A DISTANCE OF 460.59 FEET: THENCE RUN S20°38'!7"W A DISTANCE OF 19.99 FEET TO THE POINT (
CURVATURE OF A NON· TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 919.93 FEET AND A CHORD BEARING OF N48°/6'56"W;
THENCE RUN ALONG THE  ARC OF  SAID CURVE HAVING A CENTRAL ANGLE OF  41°31'22" AN ARC DISTANCE OF 666.68 TO A POINT ON  THE SOUTH  LINE  OF THE SOUTHWEST 114, OF THE SOUTHWEST //4, OF SAID SECTION 35; THENCE CONTINUE  ALONG THE  ARC OF  SAID  CURVE  HAVING  A CENTRAL ANGLE OF 4"!2'14", AN ARC DISTANCE OF 67.49 FEET TO A POINT ON SAID CURVE; THENCE DEPARTING SAID CURVE AND SAID PARALLEL LINE RUN
THE FOLLOWING COURSES AND DISTANCES: THENCE RUN N68°54'!!"E A DISTANCE OF 82.67 FEET; THENCE RUN N/8°27'02"E A DISTANCE OF 80.40 FEET; THENCE RUN S86°43'34"E A DISTANCE OF 319.12 FEET; THENCE RUN S80°32'34"E A DISTANCE OF 234.TT FEET; THENCE RUN S88°51'3!"E A DISTANCE OF
55.24 FEET TO THE POINT OF CURVATURE OF A NON TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 630.00 FEET; THENCE FROM A CHORD  BEARING  OF  Nl?0 43'4!"E  RUN  NORTHEASTERLY   ALONG  THE  ARC  OF  SAID  CURVE  HAVING  A  CENTRAL  ANGLE  OF  51°49'56", AN  ARC  DISTANCE
OF 569.93 TO THE POINT OF TANGENCY; THENCE RUN N43'38'40"E A DISTANCE OF 162.33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 745.00 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 22°35'00", AN ARC DISTANCE OF 293.64 FEET TO THE END OF CURVE: THENCE RUN N06°29'09"E A DISTANCE OF 51.15 FEET; THENCE RUN
N22"!!'54"E A DISTANCE OF 119.95 FEET TO THE POINT OF CURVATURE  OF  A  CURVE  CONCAVE  NORTHWESTERLY  AND HAVING  A  RADIUS  OF  20.00 FEET: THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A CENTRAL  ANGLE OF  90°00'00", AN  ARC DISTANCE OF  31.42 FEET  TO THE POINT OF TANGENCY; THENCE RUN N67°48'06"W A DISTANCE OF 176.57 FEET; THENCE RUN N52"3!'09"W A DISTANCE OF 39.84 FEET; THENCE RUN N67"48'06"W A DISTANCE OF 111.90 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 580.50 FEET; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A CENTRAL  ANGLE OF  32°3!'05"  AN  ARC DISTANCE  OF  329.46 FEET  TO  THE END OF SAID CURVE; THENCE RUN S79"44'03"W A DISTANCE OF 494.67 FEET; THENCE RUN SI0°15'57"E A DISTANCE OF 20.00 FEET TO THE POINT OF CURVATURE OF A NON TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 200.00 FEET; THENCE FROM A CHORD BEARING OF
S42°05'26"W RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 75°17'!4"  AN ARC DISTANCE OF  262.80 FEET  TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1009.50 FEET; THENCE FROM A CHORD
BEARING OF SOl°07'!8"W RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 6°39'03" AN ARC DISTANCE OF 117.18 FEET   TO  THE  END  OF  SAID  CURVE; THENCE  RUN  S8?0  47'46"W   A  DISTANCE  OF  8.58  FEET   TO  A  POINT  5.00  FEET  NORTHEASTERLY  OF   THE AFOREMENTIONED EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 535: THENCE RUN N02'!2'!4"W ALONG A LINE PARALLEL WITH AND 5.00 FEET PERPENDICULAR TO SAID EASTERLY RIGHT OF WAY UNE A DISTANCE OF 710.29 FEET TO A POINT 5.00 FEET EAST OF THE SOUTHWEST CORNER OF TRACT "B'', OF THE PLAT GLYNWOOD. AS RECORDED IN PLAT BOOK 51, PAGE 32, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA: THENCE DEPARTING SAID PARALLEL LINE, RUN N89'37'58"E. ALONG THE SOUTH LINE OF SAID PLAT A DISTANCE OF 131/.07 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST 114, OF THE SOUTHWEST 1/4, OF SAID SECTION 35: THENCE RUN S0/'30'!2"E, ALONG SAID EAST LINE, A DISTANCE OF 324.15 FEET TO THE NORTHWEST CORNER, OF THE SOUTHEAST !/4,OF THE SOUTHWEST 114 OF SAID SECTION 35: THENCE DEPARTING SAID EAST LINE RUN N89°37'58"E, ALONG THE NORTH UN£ OF THE SOUTHEAST 114, OF THE SOUTHWEST 114, OF SAID SECTION 35. A DISTANCE OF 1342.12 FEET TO THE POINT OF BEGINNING.
CONTAINING: 146.692 ACRES 16,389,920 SQUARE FEET J MORE OR LESS.
SURVEYORS REPORT:
!. BEARINGS SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, 1983 NORTH AMERICAN DATUM.1990 ADJUSTMENT, AS ESTABLISHED FROM EXISTING CONTROL POINTS 75021013 THRU7502!022 AS PUBLISHED BY THE FLORIDA DEPARTMENT OF TRANSPORT AT!ON, DERIVING A BEARING OF S89'33'22"W ALONG THE NORTH LINE OF THE SOUTHWEST ONE ·QUARTER OF SECTION 35,
TOWNSHIP 22 SOUTH, RANGE 27 EAST.
2. EXISTING RIGHT OF WAY SHOWN HEREON IS AS SHOWN ON THE RIGHT OF WAY MAP OF 5.R. 429 I WESTERN BELTWAY J, PER THE ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP PROJECT No.75320·6460-654.

LEGEND:
CB	CHORD BEARING

PRC PCC PT

POINT OF POINT OF POINT OF

REVERSE CURVATURE

Consultlnq Engineers • Surveyors
201 South Bumby Avenue.Orlancto,F!or!da  32803	f407J 8%-3317
PREPARED FOR:	THE SEMBLER COMPANY
DRAWN BY: C.D. W. JOB No.: 04100.19
SCALE:	N/A	SHEET	OF	2

REVISED: 11·2·2005

DATE: 10·26·2005

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CURVE     THIS IS  NOT	A BOUNDARY SURVEY

"	COR	CORNER

R	RADIUS

)	L	LENGTH
OR.B. OFFICIAL RECORD BOOK PB.	PLAT BOOK
PC POINT OF  CURVATURE PCNT POINT OF  CURVATURE PG PAGE
LOCHRANE ENGINEERING, INC.
L.B. No. 2856

RGE.
R/W SEC.
NON-TANGENT  TWP.

RANGE

RIGHT OF WAY SECTION TOWNSHIP CENTRAL ANGLE

CHRISTOPHER A. LaBERGE
P.S.1.1. No. 6014
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL
nc	A c, no,nA , 1rf:M<::r:n c:/ IR\/f:YnR AND I.IAPPFR

EXHIBIT 3
Map of the Proposed Winter Garden Village at Fowler Groves Community Development District

r
EAST R/W OF S.R. 535

DD BOUNDARY
5' EAST OF EAST R/VV

COD BOUNDARY
5' NORTH OF NORTH R/W

NORTH R/W OF
S.R. 429 FRONTAGE ROAD

COD BOUNDARY
WINTER GARDEN VILLAGE @ FOWLER GROVES COD
FOR
SEMBLER
STATE ROAD 535 / STATE ROAD 429
WINTER GARDEN, FLORIDA

NORTH
ENGINEERS	& SURVEYORS
20 f SOUTH BUMBY AVENUE ORLANDO, FLORIDA 32803
PH: (407) 89-3317 FAX: (407) 896-9167 EJlAIL: WYIW.LOCHRANE.COM

EXHIBIT 3

JOB NO: 04100

DATE: 03-10-05 BY: FP
SCALE: N.T.S.

lEXHIBKT 4
Consent  and Joinder of landowners
for indusfon into Community Devefopmenl District

Con§ent and Joinder of Lando'V1mers
for  inchvision inil:o Community DevefopmenJ Dismd

The undersigned are the owners of certain lands ("OV1mers") which are more fully described on Exhibit A, attached hereto and made a part hereof ("Property").

The undersigned Owners understand that Sembler Florida, Inc. intends to submit a petition to establish a Community Development District ("District") in accordance with the provisions of Chapter 190 of the Florida Statutes. The undersigned Owners hereby consent to the inclusion of the Property into the District and to establishment of the District and further agree to execute any documentation necessary or convenient to evidence this consent and joinder during the application process. This consent is expressly conditioned on the fact that no special assessment bonds or notes will be issued by the District while owned by the Owners

The undersigned hereby represent and warrant that it has taken all actions and obtained all consents necessary to duly authorize the execution of this consent and joinder by the person executing this instrument.

Executed this j_-1-day of December, 2005.

Fowler	Groves	Limited	Partnership, a Florida limited partnership

By:	Isabel T. Fowler Inc. its General Partner
;J
//.

Isabel T. Fowler (as to her life estate)

By: Isabel T. Fowler

C:\ Documents and Settings \Steve\ Local Settings\ Temporary Internet Files\ Content.IE5 \ W1-fU7CXIN \ Landowner Consent (00041298).DOC

EXlfHBKT "A"
(Page 1 vf 2)

Legal Description

A PORTION OF LAND LYING IN SECTION 35, TOWNSHIP 22 SOUTH, RANGE 27 EAST, AND SECTION 2, TOWNSHIP 23 SOUTH, RANGE 27 EAST, ORANGE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COlv1MENCE AT THE EAST 1/4 CORNER OF SECTION 35, TOWNSHIP 22 SOUTH, RANGE 27 EAST; THENCE RUN S89"33'22"W, ALONG THE NORTH LINE  OF  THE  SOUTHWEST  1/4  OF  SAID SECTION, A DISTANCE OF 2675.25 FEET TO THE NORTHVVEST CORNER OF THE SOUTHWEST 1/4, OF SAID SECTION 35; THENCE DEPARTING SAID NORTH LINE RUN  S00"48'16"E,  ALONG  THE WEST LINE OF SAID SOUTHWEST 1/4, A DISTANCE OF 1335.93 FEET  TO  THE  SOUTHEAST CORNER, OF THE NORTHEAST 1/4, OF THE SOUTHWEST 1/4 OF SAID SECTION  35,  FOR  A  POINT OF BEGINNING; THENCE DEPARTING SAID WEST LIJ\JE RlJN N89/\·36'09"E, ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 AND THE NORTH LINE OF THE SOUTHEAST 1/4,  OF  THE SOUTHEAST 1/4 OF SAID SECTION 35 A DISTANCE OF 2197.98 FEET TO A POINT 5.00 FEET NORTHWESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF RIGHT OF WAY  "G",  PER OFFICIAL RECORD BOOK 6084, PAGE 2829, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1082.45 FEET AND A CHORD BEARING OF S53/\53'19"W; THENCE DEPARTING SAID NORTH LINE RUN ALONG A LINE PARALLEL WITH AND 5.00 FEET PERPENDICULAR TO SAID WESTERLY RIGHT OF WAY LINE AND ALONG THE ARC OF  SAID CURVE HAVING A CENTRAL ANGLE OF 10"56'43", AN ARC DISTANCE OF 206.78 FEET TO THE POINT OF TANGENCY; THENCE RUN S48/\24'58"W A  DISTANCE  OF 1459.77  FEET  TO THE  POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY  HAVING  A  RADIUS  OF  11373.16 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE  OF 1"59'15", AN ARC DISTANCE OF 394.54 FEET TO A  POINT ON  THE SOUTH  LINE  OF THE SOU1HWEST  1/4, OF THE SOUTHEAST 1/4 OF SAID SECTION 35; THENCE CONTINUE ALONG SAID CURVE
I--IAVING A CENTRAL ANGLE OF 5"10'57", AN ARC DISTANCE OF 1028.70 FEET TO THE POINT OF TANGENCY; THENCE RUN S55/\35'10"W A DISTANCE OF 959.56 FEET TO A POINT 5.00 FEET NORTHEASTERLY OF THE EASTERLY RIGHT OF WAY LINE OF COUNTY  ROAD 535,  AS SHOWN ON SHEET 24 OF 31, OF THE ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP FOR THE WESTERN BELTWAY, STATE ROAD No. 429, PROJECT  No.  75320-6420-654, SAID POINT ALSO BEING A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1034.93 FEET AND A CHORD BEARING OF N45"35'03"W; THENCE RUN ALONG A LINE PARALLEL WITH AND 5.00 FEET PERPENDICULAR TO SAID EASTERLY RIGHT OF WAY LINE AND ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 48/\06'33" AN ARC DISTANCE OF 868.99 FEET; THENCE DEPARTING SAID CURVE  RUN  S20/\38'17"W  A DISTANCE OF 24.99 FEET; THENCE RUN N69"21'43"W A DISTANCE OF 460.59 FEET; THENCE RUN S20/\38'17"W A DISTANCE OF 19.99 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 919.93  FEET  AND  A  CHORD BEARING OF N48/\16'56"W; THENCE RUN ALONG THE  ARC  OF  SAID  CURVE  HAVING  A CENTRAL ANGLE OF 41/\31'22" AN ARC DISTANCE  OF 666.68 TO A  POINT ON  THE SOUTH  LINE OF THE SOUTHWEST 1/4, OF THE SOUTHWEST 1/4, OF SAID SECTION 35; THENCE CONTINUE ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE  OF 4"12'14",  AN ARC DISTANCE OF 67.49 FEET TO A POINT ON SAID CURVE; THENCE DEPARTING SAID CURVE AND SAID

EXHHUI "A"
(Page 2 of 2)
PARALLEL LINE RUN THE FOLLOvVING COURSES AND DISTANCES: THENCE RUN N68A54'11"E A DISTANCE OF 82.67 FEET; THENCE RUN N1SA27'02"E A DISTANCE OF 80.40 FEET; THENCE RUN S86A43'34"E A DISTANCE OF 319.12 FEET; T'"rlENCE RUN SSOA32'34"E A DISTANCE OF 234.77 FEET; THENCE RUN S88ASI'31"E A DISTANCE OF 55.24 FEET TO THE POINT OF CURVATURE OF A NON TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF  630.00  FEET;  THENCE FROM A CHORD BEARING OF N17A43'41"E RUN NORTHEASTERLY ALONG TI-IE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 51A49'56",  AN  ARC DISTANCE  OF 569.93 TO  THE  POINT OF TANGENCY; THENCE RUN N43A38'40"E A DISTANCE OF 162.33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCA VE NORTHWESTERLY HAVING A RADIUS OF 745.00 FEET; TI-IENCE RUN NOR11--IEASTERLY ALONG THE ARC OF SAID  CURVE  HAVING  A  CENTRAL ANGLE OF 22A35'00", AN ARC DISTANCE OF 293.64 FEET TO THE END OF SAID CURVE; THENCE RUN NQ6A29'09"E A DISTANCE OF 51.15 FEET; THENCE RUN N22Aff54"E A DISTANCE OF  119.95 FEET TO THE POINT OF CURVATURE OF A  CURVE  CONCA VE  NORTHWESTERLY  AND  HA YING A RADIUS OF 20.00 FEET; THENCE RUN NORTHWESTERLY ALONG TI-IE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 90AO0'0O", AN ARC DISTANCE OF 31.42 FEET TO THE POINT OF TANGENCY; THENCE RUN  N67A48'06"W  A DISTANCE OF 176.57 FEET; TI-IENCE RUN  N52/\31'09"W A DISTANCE OF 39.84 FEET; THENCE RUN N67A48'06"W A DISTANCE OF 111.90  FEET  TO  THE POINT OF CURVATURE OF A CURVE CONCA VE SOUTI-IWESTERLY HAYING A RADIUS OF 580.50 FEET; TI-IENCE RUN NORTHWESTERLY ALONG 11--IE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 32A31'05" AN ARC DISTANCE OF 329.46 FEET TO THE END OF SAID CURVE;  THENCE RUN S79A44'03"W A DISTANCE OF 494.67 FEET; THENCE RUN S10A15'57"E A DISTANCE OF 20.00 FEET TO TI-IE POINT OF CURVATURE OF A NON  TANGENT CURVE CONCAVE SOUTHEASTERLY HA YING A RADIUS OF 200.00 FEET; THENCE FROM A CHORD BEARING OF S42A05'26"W RUN SOUTI-IWESTERLY ALONG THE ARC OF SAID CURVE HAYING A CENTRAL  ANGLE  OF 75/\17'14" AN ARC DISTANCE OF 262.80 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE SOU11--IEASTERLY HA YING A RADIUS OF 1009.50 FEET; 11--IENCE FROM A CHORD BEARING OF SOl A07'18"W RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAYING A CENTRAL ANGLE OF 6A39'03" AN ARC DISTANCE OF 117.18 FEET TO THE END OF SAID CURVE; TI-IENCE RUN S87A47'46"W A DISTANCE OF 8.58 FEET TO A POINT 5.00 FEET NOR11--IEASTERLY OF THE AFOREMENTIONED EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 535; TI-IENCE RUN N02A12'14"W ALONG A LINE PARALLEL WITH AND 5.00 FEET PERPENDICULAR  TO  SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 710.29 FEET TO A POINT 5.00 FEET EAST OF THE
SOUTHWEST CORNER OF TRACT "B", OF  THE PLAT GLYNWOOD,  AS RECORDED  IN PLAT BOOK
51, PAGE 32, OF THE  PUBLIC  RECORDS  OF  ORANGE  COUNTY,  FLORIDA;  THENCE  DEPARTING SAID PARALLEL LINE, RUN  N89/\37'58"E,  ALONG  THE  sourn  LINE  OF  SAID  PLAT  A  DISTANCE OF 1311.07 FEET TO A POINT ON THE EAST  LINE  OF 11--IE  NORTHWEST  1/4,  OF  THE SOUTHWEST 1/4,  OF  SAID  SECTION  35;  THENCE  RUN  SQ1A30'12"E,   ALONG  SAID  EAST  LINE,  A  DISTANCE  OF
324.15 FEET TO THE NORTHWEST CORNER, OF THE SOUTHEAST 1/4, OF THE SOUTHWEST 1/4 OF SAID SECTION 35; THENCE DEPARTING SAID EAST LINE RUN N89A37'58"E, ALONG THE NORTH LINE OF THE SOU11--IEAST 1/4, OF THE SOUTHWEST 1/4, OF SAID SECTION 35, A DISTANCE OF 1342.12 FEET TO THE POINT OF BEGINNING.

CONTAINING: 146.692 ACRES (6,389,920 SQUARE FEED MORE OR LESS.

EXHIBIT 5
WVinJer Gairden Comprehensive Pfan-fuh.n·e land Use Element

r.,   =

NORTH	EXHIBIT 5

ENGINEERS	&:- SURVEYORS
201 SOUTH BUMBY AVENUE ORLANDO, FLORIDA 32803
PH: (407) 89-3317 FAX: (407} 896-9167 EMAIL: rrrnr.LOCJlRANE.COM

COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT
WINTER GARDEN VILLAGE @ FOWLER GROVES COD
FOR
SEMBLER
STATE ROAD 535 / STATE ROAD 429 WINTER GARDEN, FLORIDA

JOB NO: 04100
DA TE: 03-10-05 BY: FP
SCALE: N.T.S.

Development Program

Use	Phase 1 (2007)	Total	
Retail Service (GLA)	1,150,000	tl50,000	

GLA - Gross Leaseable Area in square feet

(6173/00/00025164 DOCv1)

EXHIBIT 6
lExisting Maj([]lr Trunk Water M a.i n s1   VVastewat:e::r Int:e:rcepfolrs aincl Indicates Major OutfaH Canals and Drainage Ba.sins for the Lands
WHkl.n Prnposed Disl:rid

12" FM

12"WM

NORTH	EXHIBIT 6

ENGINEERS & SURVEYORS
201 SOUTH BUMBY AVENUE ORLANDO, FLORIDA 32803
: (407} 89-3317 FAX: (407) 896-9167 EMAIL: WJTTY.LOCHRANE.COM

UTILITIES MAP
WINTER GARDEN VILLAGE @ FOWLER GROVES COD
FOR
SEMBLER
STATE ROAD 535 / STATE ROAD 429
WINTER GARDEN, FLORIDA

JOB NO: 04100

DATE: 03-10-05

BY: FP
SCALE: N.T.S.

PH

EXH1l8IT 7
District FadHHes and lEstimated Costs

Revi§2d: November 26, 2005

Winter Garden Village at Fowler Groves Community Development Di§hid
Li§t of Improvement§

Description	Estimated Cost	
Road Through Site (Daniels)	$6,808,026	
Traffic Signals (3)	825,000	
Offsite Roads	20,776,267	
Fire Safety Contribution to City	210,000	
LYNX Bus System Contribution	250,000	
City Park Contribution Payment	4QQ,QQQ	
		
Total	$29,269,293	

(6173/00/00026856O0Cv1f

Exhibit 8
Staitemeni of Estimated. JKegufatory CDJsts (SERC)

STATEMENT OF ESTIMATED REGULATORY COSTS
VVinter Gardlen vmage al1: Fowle1r Groves Commmaity Deveiopment Disltn-klt

I .1 Purpose and Scope

This statement of estimated regulatory costs ("SERC") supports the petition to establish the Winter Garden Village at Fowler  Groves  Community  Development  District  ("District"). The District cornp1ises approximately 146.7 +/- acres of land within City of Winter Garden, Florida on which approximately 1,150,000 square feet of retail space are planned for development. The limitations on the scope of this SERC  are set  out  in Chapters  120  and 190 F.S. (2004) (specifically, Sections 190.005(1)(a)8, and 120.541(2)).

Moreover, Section 190.002(2)(d), F.S. (2004), provides "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 (emphasis added)."

Overview of the Winter Garden Village at Fowler Groves Community Development District

The District is designed to provide community infrastructure, services, and facilities along with their operations and maintenance.

The development plan for the proposed lands within the District includes the construction of approximately 1,150,000 square feet ofretail space.

Requirements for the Statement of Estimated Regulatory Costs

Section 120.541(2), F.S. (2004), 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.

1

An analysis of the impact on small businesses as defined by Section  288.703.  F.S. (2004), and an analysis of the impact on small counties and small  cities  as  defined  by Section 120.52, F.S. (2004). The City of Winter Garden is not defined as a small city for purposes of this requirement.

Any additional information that the agency detennines 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 of the reasons for rejecting the alternative in favor of the proposed rule.

2.0 A good faHh estJi.mate of the numbe:r of individlllltds and. entities likely to be ireq11llftlred to comply with the ordinance, together with a genernH description of  tlb!e  types  of  individuals likely to be affected by the oirdiJirnnce.

As noted above, Winter Garden Village at Fowler Groves is designed for approximately 1,150,000 square feet of retail space. Establishment of the Distiict would put all of the businesses that locate within the District under the jurisdiction of the District. Of course, the decision to locate within the District is a voluntary one.

A 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 ofimplementing and Enforcing Ordinance

State Government Entities

The District consists of fewer than 1,000 acres; therefore the City of Winter Garden is the establishing entity  under Section  190.005(2),  F.S. (2004). There will be only modest  costs to various State governmental entities to implement and enforce  the proposed  establishment of the District.

The modest costs to various State entities to implement and enforce the proposed ordinance relate strictly to receipt and processing of various reports that the proposed  District  is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only  one  of several  hundred  governmental units that are required to submit the various reports. Therefore, the marginal cost  of processing one additional set of reports is de minimis. Additionally, pursuant to Section 189.412, F.S. (2004), the proposed District must pay an annual fee to the State of Florida Department of Community Affairs to offset such costs.

2

City of Winter Garden

The land ,vithin the District is within the City limits of the City of Winter  Garden  and consists of fewer than 1,000 acres. The Winter Garden City Council and  its  staff  will process, analyze, conduct a public hearing, and vote upon the petition to  establish  the District. These activities will absorb some resources.

These costs to the City are modest for a number of reasons. First, review of the petition to establish the District does not include analysis of  the  project  itself. Second,  the  petition itself provides much of the information needed for a staff review. Third, the City of Winter Garden already possesses the staff needed to conduct the review without  the need  for new staff Fourth, there is no capital required to review the petition. Finally, local governments routinely process similar petitions for land uses and zoning changes that  are  far  more complex than is the petition to establish a community development district.

The annual costs to the City of Winter Garden, because of the establishment of the District, are also very small and within control of the City. The proposed District is an independent  unit of local government. The only annual costs the City faces are the minimal costs of receiving and to the extent it wishes, reviewing the various reports that the  District  is  required to provide to the City.

Impact on State and Local Revenues

Adoption of the proposed ordinance  will not impact State or local revenues. The District  is an independent unit of local government with limited powers. It is designed  by  law  to provide community facilities and services to the lands that comprise the Winter  Garden Village at Fowler Groves area. It has its own  sources  of  revenue. No  State  or  local subsidies are required or expected.

In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not  debts of the State  of Florida  or any other unit of local government. In accordance with State law, debts of the CDD  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.

Table 1 provides an outline of the various facilities and services the proposed District may provide. It is anticipated that the Distrfot will fund and construct certain on and offsite roadways and associated traffic signals. These facilities will be owned and operated by the City of Winter Garden, Orange County, and the Florida Department of Transportation. The District will also pay various "fair share contributions".

3

Table 1. WiJ1J1ter Gardell] vmage mt Fowler Grnves Comml.llil]H'1:y Devefojpmieilllt District Projposed lFaciHll:ies aillldl Services

lFACKlJTY	FUNDED/	O&M
CONSTRUCTED

O'WNER§JBI][JP'

Roads & Signalization	CDD	City of Winter	City of Winter
Garden	Garden

Offsite Roads	CDD
Fair Share Contributions	CDD
*FDOT, Orange County, City of Winter Garden, and Lynx.

Various* Various*

Various* Various*

The petitioner has estimated the costs for providing the capital facilities outlined in Table I. The cost estimates are shown in Table 2 below. Total costs for these facilities plus the fair share contributions are estimated to be approximately $29,269,293. To fund this financing program the District may issue special assessments or other revenue bonds estimated to total
$36,600,000. These would be repaid through non-ad valorem special assessments levied on  all developable property within the District that specially benefit from the District's capital improvement program as outlined in Table 2.

Talble 2. Summary of Estimated Capital Costs 'Winter Garden Village at Fowler
Groves Community Development District

Category	Construction
Estimate		
Daniels Road	$6,808,026		
Traffic Signals	$825,000		
Offsite Roads	$20,776,267		
Fire Safety Contribution to City	$210,000		
LYNX Bus System Contribution	$250,000		
City Park Contribution	$400,000		
Total	$29,269,293		

Prospective future landowners in the District may be required to pay non-ad valorem special assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non-ad valorem special assessments for debt service, the District may also impose a non-ad valorem special 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 2 are typical  for developments of the type contemplated. There is nothing peculiar about the District's  financing  program that requires additional infrastructure over and above what would normally be needed. Therefore, these costs are not in addition to normal development costs. District-imposed assessments for operations and maintenance costs are similar to what would be charged by a property owner's association common to most commercial  developments  except  the District's assessments are government enforced first liens.

4

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 preclude developers from marking up the prices of their products  beyond what  the  competition  allows. To remain competitive, the operations and maintenance assessments must also be in line with the costs imposed by the competition.

Furthennore,   the  decision  to  locate  within   the  District   is completely  voluntary.	These potential business owners  are given  full disclosure  of the existence of the district  and  level of anticipated  assessments.	So ultimately, all owners and users of the affected  propeiiy chose to accept the District's costs in tradeoff for the benefits that the District provides. A Community Development District ("CDD") provides business owners with the option  of having higher levels of facilities and services financed through self-imposed charges. The District is an  alternative  means to finance necessary community  services. District  financing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, City provision (directly or via a dependent special district), or through developer equity and/or bank loans.

It should be noted that occupants of the lands within the District will receive three major classes of benefits.

First, those businesses in the District will receive a higher level of public services and amenities sooner than would otherwise be the case.

Second, a CDD is a mechanism to ensure that the community services and amenities will be completed concurrently with development of lands within the District. This satisfies the revised growth management legislation, and it assures that growth pays for itself  without undue burden on other consumers. Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands.

Third, a CDD is the sole foim of governance which allows District landowners, through landowner voting and ultimately electoral voting,  to determine the type, quality and expense of District services they receive, provided they meet the City's overall requirements.

5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S. (2004), and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. (2004).

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

The City of Winter Garden has an estimated population (not incarcerated) in 2004 that is greater than 10,000. Therefore the City is not defined as a "small" city according to Section 120.52, F.S.

5

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. Input vvas 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 District is the best alternative to provide community facilities and services  to  the project. As an alternative  to the District, City of vVinter Garden could approve a dependent special district for the area, such as an MSBU or a special taxing district. Either of these alternatives could finance the improvements contemplated in Table 1 in a fashion similar to the proposed District.

There are a number of reasons why a dependent district is not the best alternative for  providing community facilities and services to the \Vinter Garden Village at Fowler Groves area. First, unlike the District, the alternatives would require City of Winter Garden 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. Administering a project of the size and complexity of the development program anticipated for Winter Garden Village at Fowler  Groves  is  a significant and expensive undertaking.

Second, a District is preferable from a government accountability perspective.  With  a District, residents and landowners in the District would have a focused unit of government ultimately under their direct control. The District can then be more responsive to landowner needs without disrupting other City responsibilities. By contrast, if the City  of  Winter  Garden was to establish a dependent district then the residents and landowners of Winter Garden Village at Fowler Groves would take their grievances and  desires  to  the  City Council meetings.

Third, any debt of a District is strictly the District's responsibility. While it  may  be technically true that the debt of a City-established dependent, special  district  is not strictly  the City's responsibility, any financial problems that the special district may have will inevitably entangle the City. This will not be the case if a District is established.

Another alternative to the District would be for a property owner's association to provide the infrastructure, operations, and  maintenance  of community  facilities and services. A District is superior to a POA for a variety of reasons. First, unlike a POA, a District can obtain low cost funds from the municipal capital  markets. Second,  the 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. Third, the proposed District is a unit of local government. This provides a higher level of oversight and accountability.

Fishkind and Associates certifies that this SERC meets the requirements for a Statement of Estimated Regulatory Costs as set out in Section 120.541, F.S. (2004).

6

We have developed over 25 SERCs. Below is a list of five of these.

Crban Orlando Community  Development District
Marshall Creek Community  Development District
Cedar Hammock Comi--nunity Development District
Meditera Community Development District
Brooks Community Development District

JP'repared! by:
Carey Garland
Fishkind and Associates, Inc.

APPENJIHX A
Lli§'f OF REPORTING REQUJJREMEN'f§

REPORT

FLORlDA
STATUTE
CITE	DATE

Annual Financial Audit	11.45		within 9 months following end of fiscal year

218.39	within 12 months after end of
fiscal year

Annual Financial Report (AFR)

TR1M Compliance Report

Form 1 - Limited Financial Disclosure Public Depositor
Proposed Budget Public Facilities Report

Public Meeting Schedule Bond Report

Registered Agent

218.32

200.068

112.3144

280.17

190.008

189.415

189.417

218.38

189.416

(d) no later than 12 months after end of fiscal year or (e) no later than April 30

no later than 30 days after adoption ofresolution establishing property tax levy

by July 1

by November 30

at least 60 days prior to adoption

within one year of creation; annual updates thereafter

quarterly, semiannually or annually

when issued; within 120 days after delivery of bonds

30 days after first meeting

8

EXHIBIT "B"

DESCRIPTION OF EXTERNAL BOUNDARIES

T:\l'lanning\erase\ 12-30-05 Rubio's Revisions To Artin's COD Ordinancc2.DOC
B-1

j      :....-/'.

-c'•"-J
; _:i

NORTH	EXHIBIT 1

ENGINEERS	&	SURVEYORS
 	   	20 t SOUTH BUMBY AVENUE ORLANDO, FLORIDA 32803
PH: (407) 89-3317 FAX: {407) 896-9167 EMAIL: IYW1Y.LOCHRANE.COM

GENERAL LOCATION MAP
WINTER GARDEN VILLAGE @ FOWLER GROVES COD
FOR
SEMBLER
STATE ROAD 535 /STATE ROAD 429
WINTER GARDEN, FLORIDA

JOB NO: 04100
DATE: 03-10-05

BY: FP
SCALE: N.T.S.

 	
SKETCH	OF	DFSCR!PTION

/_

C0M/v!UNI TY DEVE L0P.'vl E1\/ T	DIS T,RIC T

LEGAL DESCRIPTION:
A PORTION OF LAND LYING IN SECTION 35, TOWNSHIP 22 SOUTH, RANGE 27 EAST, AND SECTION 2, TOWNSNIP 23 SOUTH, RANGE 27 EAST, OR/!.NGE COUNTY, FLORIDA; BDNG MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT THE EAST !/4 CORNER OF SECTION 35, TOWNSNIP 22 SOUTH, RANGE 27 EAST; THENCE iWN S89'33'22"W, ALONG THE NORTH LINE OF THE SOUTHWEST 114 Of SAID SECTION, A DISTANCE OF 2675.25 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4, OF SAID SECTION 35: THENCE DEPARTING SAID NORTH LINE RUN S00°48'!6"E, ALONG THE WEST LINE OF SAID SOUTHWEST 114, A DISTANCE Of 1335.93 FEET TO THE SOUTHEAST CORNER, OF THE NORTHEAST 1/4, OF THE SOUTHWEST 114 OF SAID SECTION 35, FOR A POINT OF BEGINNING; THENCE DEPARTING SAID WEST LINE RUN N89'36'09"E, ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 AND THE NORTH LINE OF THE SOUTHEAST 1/4, OF THE SOUTHEAST !/4
OF SAID SECTION 35 A DISTANCE OF 2197.98 FEET TO A POINT  5.00 FEET  NORTHWESTERLY  OF  THE  WESTERLY  RIGHT  OF  WAY  LINE OF  RIGHT  OF  WAY "G", PER OFFICIAL RECORD BOOK 6084, PAGE 2829, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON A
NON-TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1082.45 FEET AND A CHORD BEARING OF S5J°53'!9"W: THENCE DEPARTING SAID NORTH LINE RUN ALONG A LINE PARALLEL WITH AND 5.00 FEET PERPENDICULAR TO SAID WESTERLY RIGHT OF WAY LINE AND ALONG THE ARC  OF  SAID  CURVE  HAVING  A  CENTRAL  ANGLE  OF  10°56'4311 ,   AN  ARC    DISTANCE  OF  206.78  FEET   TO  THE  POINT  OF   TANGENCY;  THENCE  RUN S48°24'58"W A DISTANCE OF 1459.77 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 11373.16
FEET; THENCE RUN ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF !'59'!5", AN ARC DISTANCE OF 394.54 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST l/4, OF THE SOUTHEAST 114 OF SAID SECTION 35; THENCE CONTINUE ALONG SAID CURVE HAVING A CENTRAL
ANGLE OF 5'!0'57", AN ARC DISTANCE OF 1028.70 FEET TO THE POINT OF TANGENCY; THENCE RUN S55°35'!011W A DISTANCE OF 959.56 FEET TO A POIN
5.00 FEET NORTHEASTERLY OF THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 535, AS SHOWN ON SHEET 24 OF 3/, OF THE ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP FOR THE WESTERN BELTWAY, STATE ROAD No. 429, PROJECT No. 75320-6420-654, SAID POINT ALSO BEING A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1034.93 FEET AND A CHORD BEARING OF N45°35'03"W; THENCE RUN ALONG A LINE PARALLEL WITH AND 5.00 FEET PERPENDICULAR TO SAID EASTERLY RIGHT OF WAY UNE AND ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 48'06'33" AN ARC DISTANCE OF 868.99 FEET; THENCE DEPARTiNG SAID CURVE RUN S20'38'!7"W A
DISTANCE OF 24.99 FEET; THENCE RUN N69°2!'43"W A DISTANCE OF 460.59 FEET; THENCE RUN S20°38'f7"W A DISTANCE OF 19.99 FEET TO THE POINT C
CURVATURE OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 919.93 FEET AND A CHORD BEARING OF N48°/6'56"W;
THENCE RUN ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 4!'3!'22" AN ARC DISTANCE OF 666.68 TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST 114, OF THE SOUTHWEST 1/4, OF SAID SECTION 35; THENCE CONTINUE ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 4'!2'!4", AN ARC DISTANCE OF 67.49 FEET TO A POINT ON SAID CURVE: THENCE DEPARTING SAID CURVE AND SAID PARALLEL LINE RUN
THE  FOLLOIVING  COURSES  AND  DISTANCES:  THENCE  RUN  N68°54'!!11E  A  DISTANCE  OF  82.67  FEET; THENCE  RUN  Nl8 °27'0211E  A  DISTANCE  OF  80.40  FEET; THENCE RUN S86'43'34"E A DISTANCE OF 319.12 FEET: THENCE RUN S80°32'3411E A DISTANCE Of 234.77 FEET; THENCE RUN 588'5!'3/"E A DISTANCE OF
55.24 FEET TO THE POINT OF CURVATURE OF A NON TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 630.00 FEET: THENCE FROM A CHORD BEARING OF N/7°43'4l"E RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 51°49'56", AN ARC DISTANCE
OF  569.93  TO  THE  POINT  OF   TANGENCY;  THENCE  RUN  N43°384' 0 11E  A  DISTANCE  OF  162.33  FEET   TO  THE  POINT  OF  CURVATURE  OF   A  CURVE  CONCAVE NORTHWESTERLY HAVING A RADIUS OF 745.00 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF
22'35'00". AN ARC DISTANCE OF 293.64 FEET TO THE END OF CURVE; THENCE RUN N06°29'09"E A DISTANCE OF 51.15 FEET; THENCE RUN N22'!!'54"E A DISTANCE OF 119.95 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 20.00
FEET; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A CENTRAL AIIGLE OF 90°00'00 11 , AN ARC DISTANCE OF 3/.42 FEET TO THE POINT OF TANGENCY: THENCE RUN N6l 0 48'06"W A DISTANCE OF f76.57 FEET; THENCE RUN N52°3!'09"W A DISTANCE OF 39.84 FEET; THENCE RUN N67°48'06"W A DISTANCE OF !ll.90 FEET TO THE POINT Of CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 580.50 FEET; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 32°3!'05" AN ARC DISTANCE OF 329.46 FEET TO THE END  OF  SAID  CURVE;  THENCE  RUN  S79'44'03"W    A  DISTANCE  OF  494.67  FEET; THENCE  RUN  S/0 °!55' 7 11E  A  DISTANCE  OF  20.00  FEET   TO  THE  POINT  OF CURVATURE OF A NON TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 200.00 FEET; THENCE FROM A CHORD BEARING OF
S42°05'26"W RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 75°11'14" AN ARC DISTANCE OF 262.80 FEET TO
THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1009.50 FEET: THENCE FROM A CHORD
BEARING OF 50/'0T'!B"W RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 6°39'03" AN ARC DISTANCE OF 117.18 FEET TO THE END OF SAID CURVE; THENCE RUN S87'47'46"W A DISTANCE OF 8.58 FEET TO A POINT 5.00 FEET NORTHEASTERLY OF THE AFOREMENTIONED EASTERLY RIGHT OF IVAY LINE OF COUNTY ROAD 535: THENCE RUN N02°!2'!4"W ALONG A LINE PARALLEL VI/TH AND 5.00 FEET PERPENDICULAR TO SAID EASTERLY RIGHT OF WAY UNE A DISTANCE OF 110.29 FEET TO A POINT 5.00 FEET EAST OF THE SOUTHWEST CORNER OF TRACT "B'', OF THE PLAT GLYNWOOD, AS RECORDED IN PLAT BOOK 51, PAGE 32. OF THE PUBLIC RECORDS OF ORANGE COUNTY. FLORIDA; THENCE DEPARTING SAID PARALLEL LINE. RUN N89'37'58"E. ALONG THE SOUTH LINE OF SAID PLAT A DISTANCE OF 1311.01 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST 114. OF THE SOUTHWEST 114. OF SAID SECTION 35: THENCE RUN S0!'30'!2"E. ALONG SAID EAST UNE. A DISTANCE OF 324.15 FEET TO THE NORTHWEST CORNER, OF THE SOUTHEAST !/4,OF THE SOUTHWEST 1/4 OF SAID SECTION 35; THENCE DEPARTING SAID EAST LINE RUN N89'37'58"E, ALONG THE NORTH UNE OF THE SOUTHEAST 114, OF THE SOUTHWEST 1/4, OF SAID SECTION 35. A DISTANCE OF 1342.12 FEET TO THE POI/IT OF BEGINNING.
CONTAINING: 146.692 ACRES 16,389,920 SQUARE FEET! MORE OR LESS.
SURVEYORS REPORT:
/, BEARINGS SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, 1983 NORTH AMERICAN DATUM, 1990 ADJUSTMENT, AS ESTABLISHED FROM EXISTING CONTROL POINTS 75021013 THRU75021022 AS PUBLISHED BY THE FLORIDA DEPARTMENT OF TRANSPORT AT!ON, DERIVING A BEARING OF S89'33'22"\V ALONG THE NORTH UNE OF THE SOUTHWEST ONE -QUARTER OF SECTION 35,
TOWNSHIP 22 SOUTH, RANGE 27 EAST.
2. EXISTING RIGHT OF WAY SHOWN HEREON IS AS SHOWN ON THE RIGHT OF VIAY MAP OF 5.R. 429 /WESTERN BELTWAY!, PER THE ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP PROJECT No.75320-6460-654.

LEGEND:
CB	CHORD BEARING COR	CORNER
L	LENGTH
O.R.B. OFFICIAL RECORD BOOK

PRC PCC PT R
RGE.

POINT OF POINT OF POINT OF RADIUS RANGE

REVERSE CURVATURE

;-o;;f 

Consultf nq Engineers • Surveyors
201 South Bumby Avenue,Or!ando,Ftor!da 32803 140718%-3317	
PREPARED	FOR:	THE	SEMBLEFI	COMPANY	
DATE:	!0·26-2C05	DRAWN	BY:	C.D. W.	
REVISED: II ·2 ·2C05	JOB No.: 04100.19	
SCALE:	N/A	SHEET	OF	2	

CURVE     THIS  IS  NOT	A BOUNDARY SURVEY

PB.	PLAT BOOK
PC POINT OF  CURVATURE PCNT POINT OF  CURVATURE PG PAGE
LOCHRANE ENGINEERING, INC.
L.B. No. 2856

NON-TANGENT

R/W SEC. TWP. 6

RIGHT OF WAY SECTION TOWNSHIP CENTRAL ANGLE

CHRISTOPHER A. LaBERGE P.S. \{. No. 6014
NOT Vt-..UD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL
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