POLK COUNTY ORDINANCE NO. 19-

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF POLK COUNTY, FLORIDA ESTABLISHING THE ASTONIA COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES (2019); PROVIDING A TITLE; PROVIDING FINDINGS; CREATING AND NAMING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; DESCRIBING THE FUNCTIONS AND POWERS OF THE DISTRICT; DESIGNATING FIVE PERSONS TO SERVE AS THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, Ernie Caldwell Properties, LLC, a Florida limited liability company (the "Petitioner"), has filed a Petition to Establish the Astonia Community Development District (the "Petition"), with the Board of County Commissioners of Polk County (the "County Commission") pursuant to Section I 90.005(2)(a), Florida Statutes, to adopt an ordinance establishing the Astonia Community Development District (the "District") pursuant to Chapter 190, Florida Statutes (2019); and
WHEREAS, Petitioner is a Florida limited liability company authorized to conduct business in the State of Florida, whose address is 3020 S. Florida Avenue, Lakeland, Florida 33803; and
WHEREAS, the owners of one hundred percent ( I 00%) of the real property to be included in the District have consented to the establishment of the District; and
WHEREAS, all interested persons and affected units of general-purpose local government were afforded an opportunity to present oral and written comments on the Petition at a duly noticed
public hearing conducted by the County Commission on January 7, 2020, pursuant to Section 190.005(2)(6), Florida Statutes; and
WHEREAS, upon consideration of the record established at that duly noticed hearing, the
County Commission has considered the record of the public hearing and the statutory factors set forth in section I 90.005(2)(c), Florida Statutes, in making its determination to grant or deny the Petition; and

WHEREAS, the County Commission, pursuant to the information contained within the Petition and based on an investigation conducted by the Polk County (the "County") staff and otherwise being fully advised as to the facts and circumstances contained within the request of the
District, finds as follows:
(I)	The statements within the Petition are true and correct; and
The Petition is complete in that it meets the requirements of Section I90.005(2)(a),
Florida Statutes (2019); and
The appropriate County staff have reviewed the Petition for establishment of the District on the proposed land and have advised the County Commission that said Petition is complete and sufficient; and
Establishment of the District by this Ordinance is subject to and not inconsistent with any applicable element or portion of the State Comprehensive Plan or the Polk County Comprehensive Plan; and
The area of land within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as one functional, interrelated community; and
The District is the best alternative available for delivering community development services and facilities to the area that will be served by the District; and
The community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities; and
The area that will be served by the District is amenable to separate special-district government; and
WHEREAS, pursuant to the information stated above, the County Commission has
decided to grant the District's Petition to establish the Astonia Community Development District; and
WHEREAS, establishment of the District will constitute a timely, efficient, effective,
responsive and economic way to deliver community development services in the area described in the Petition; and
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WHEREAS, the establishment of the District shall not act to amend any land development approvals governing the land area to be included within the District; and
WHEREAS, upon the effective date of this establishing Ordinance, the Astonia Community Development District, as created by general law, will be duly and legally authorized to exist on the proposed property and to exercise all of its general and special powers as limited by law.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF POLK COUNTY, FLORIDA:
SECTION 1. TITLE. This Ordinance shall be known and may be cited as the "Astonia Community Development District Establishment Ordinance."
SECTION 2. BOARD FINDINGS. The Board findings set forth in the recitals to this Ordinance are hereby incorporated in this Ordinance.
SECTION 3. AUTHORITY. This Ordinance is adopted in compliance with and pursuant to the Uniform Community Development District Act of l 980, Chapter l 90, Florida Statutes.
SECTION 4. CREATION OF DISTRICT; DISTRICT NAME. The Petition filed to

create the Astonia Community Development District is hereby granted and there is hereby created a community development district, which is situated within unincorporated Polk County, Florida, which District shall be known as the "Astonia Community Development District."
SECTION 5.	EXTERNAL  BOUNDARIES  OF  THE  DISTRICT.	The external
boundaries of the District are described in Exhibit A attached hereto and incorporated by reference, the overall boundaries encompassing 159.93 acres, more or less. There are no parcels within the external boundaries of the District that are to be excluded from the District.
SECTION 6. FUNCTIONS AND POWERS. The District is limited to the performance of those powers and functions as described in Chapter l 90, Florida Statutes. The District is also authorized to exercise additional powers to finance, fund, plan, establish, acquire, construct, reconstruct, enlarge or extend, equip, operate and maintain systems and facilities for: parks and facilities for indoor and outdoor recreational, cultural, and educational uses as authorized and
described in Section l 90.012(2)(a), Florida Statutes; and security powers, including but not
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limited to walls, fences, and electronic intrusion detection, as authorized and described in Section

190.0l 2(2)(d), Florida Statutes. In the exercise of its powers, the District shall comply with all applicable governmental laws, rules, regulations and policies including, but not limited to, all Polk County ordinances and policies governing land planning and permitting of the development to be served by the District. The District shall not have any zoning or permitting powers governing land development or the use of land. No debt or obligation of the District shall constitute a burden on any local general purpose government.
SECTION 7. BOARD OF SUPERVISORS. The five persons designated to serve as
initial members of the District's Board of Supervisors are as follows: Harold R. Baxter, Brian Walsh, Milton Andrade, Brent Elliott, and Halsey Carson. All of the above-listed persons are residents of the state of Florida and citizens of the United States of America.
SECTION 8. SEVERABILITY. If any provision of this Ordinance, or the application
thereof, is finally determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, such provision shall be deemed severable and the remaining provisions shall continue remain in full force and effect provided that the invalid, illegal or unenforceable provision is not material to the logical and intended interpretation of this Ordinance.
SECTION 9. EFFECTIVE DATE. This Ordinance shall be effective immediately upon
receipt of acknowledgement that a copy of this Ordinance has been filed with the Secretary of State.

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DULY ADOPTED by the Polk County Board of County Commissioners with a quorum present and voting this 7th day of January, 2020.

BOARD OF COUNTY COMMISSIONERS OF POLK COUNTY, FLORIDA

By:

Chairperson/\Liee Cl,airpet�cm

ATTEST:
POLK COUNTY CLERK OF THE BOARD

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EXHIBIT A LEGAL DESCRIPTION

BEGIN  AT  THE  NW  CORNER  OF  THE  NE  1/4  OF  THE  NW  1/4  OF  SECTI°ON  22,   TOWNSHIP  26
SOUTH,  RANGE 27 EAST,  POLK COUNTY,  FLORIDA; THENCE RUN N89 38'14"E ° ALONG THE
NORTH  LINE  OF  SAID  SECTION  22 A  DISTANCE  OF  708.93  FEET;  THENCE S02 00'48"E A
DIS° TANCE  OF   31.96  FEET   TO  A   CURVE  TURNING  TO  THE  LEFT   WITH  A  DELTA °ANGLE   OF
28 43'45", WITH A RADIUS OF 1385.00 FEET, WITH A CHORD BEARING OF S16 22'40"E,
WITH A CHORD LENGTH OF 687°.21 FEET; THENCE RUN ALONG SAID CURVE AN ARC LENGTH
OF 694.46 FEET;  THENCE  N57 11'19"E A  DISTANCE  OF  285.23 FEET  TO  A  POINT ON  THE

WEST RIGHT OF WAY OF ERNIE CALDWELL BOULEVARD,°
TURNING TO THE LEFT WITH A DELTA °ANGLE OF 05

SAID POINT ALSO BEING ON A CURVE 12'38", WITH A RADIUS OF 1100.00

FEET,   WITH  A  CHORD   BEARING  OF  S32  48'41"E,   WITH  A  CHORD  LENGTH  OF  100.00  FEET;

°

THENCE RUN ALONG SAID RIGHT OF WAY RUN S57

CURVE AN ARC LENGTH OF 100.03 FEET;  THENCE  LEAVING  SAID
11'19"W  A  DI°STANCE   OF   285.23  FEET  TO  A  CURVE   TURNING  TO

THE LEFT WITH A DELTA

°ANGLE OF 21 30'05", WITH A RADIUS OF 1385.00 FEET, WITH

A  CHORD   BEARING  OF  S45  37'5l"E,   WITH  A  CHORD  LENGTH  OF  51°6.70  FEET;   THENCE  RUN
ALONG SAID CURVE AN ARC LENGTH OF 519.75 FEET; THENCE S00 34'03"E A DISTANCE OF
1126.63  FEET  TO  THE  NORTH  MAINTAINED  RIGHT  OF  WAY  OF  LITTLE  ZION  ROA° D;   THENCE
RUN  ALONG SAID NORTH RIGHT OF  WAY T°HE  FOLLOWING  29 COURSES;  1) N86 53'43"W A
DIST° ANCE  OF  12.69  FEET;   2)THENCE  N87  23'02"W  A  DIST°ANCE  OF  65.40  FEET;   3)THENCE
S87  44'53"W  A  DISTA°NCE  OF  34.73  FEET;  4)THENCE  S82  19'26"W  A  DISTANC°E  OF 41.07
FEET;   5)THENCE   S73  10'25"W   A   DISTAN°CE   OF   16.81   FEET;   6)THENCE   S70  46'24"W   A
DIST° ANCE  OF  24.09  FEET;   7)THENCE  S70  28'57"W  A  DIST°ANCE  OF  16.64  FEET;   8)THENCE
S61  58'48"W  A  DISTAN°CE  OF  36.62  FEET;   9)THENCE  S57  16'53"W  A  DISTANCE°     OF  63.50
FEET;   lO)THENCE  S46  20'5l"W  A  DISTANCE  OF°     35.85  FEET;   ll)THENCE  S35  40'32"W  A
DISTANCE   OF  °14.37   FEET;	12)THENCE   S35  36'06"W   A   DISTANC°E    OF   15.07   FEET;
13)THENCE S29  16'16"W A DISTANCE°  OF  33.67 FEET;  14)THENCE S28  02'33"W A DISTANCE
OF  °100.08   FEET;	15)THENCE   S29  35'32"W   A   DISTANCE°     OF 41.20  FEET;	16)THENCE
S37  51'45"W A DISTAN°CE  OF  60.25 FEET;  17)THENCE S48  18'53"W  A  DISTANC°E  OF   16.90
FEET;  18)THENCE  S56  17'21"W  A  DISTANCE  O°F   18.08  FEET;   19)THENCE  S62  22'59"W A
DISTANCE   OF   °10.29   FEET;	20)THENCE   S89  37'17"W   A   DISTANCE°      OF   165.14   FEET;
21)THENCE S00  24'07"E A DISTANC°E  OF 17.27 FEET;  22)THENCE S89  49'44"W  A DISTANCE
OF   °51.17   FEET;	23)THENCE   S89  15'22"W   A   DISTANCE   OF   1°  00.01   FEET;	24)THENCE
S89  42'52"W   A   DISTANCE   OF   1°00.00   FEET;	25)THENCE   S89  25'40"W   A   DISTANCE   OF
100.° 00	FEET;	26)THENCE	S89  18'48"W	A	DISTANCE	OF	1°00.00	FEET;	27)THENCE
S89  35'59"W   A   DISTANCE   OF °100.00  FEET;	28)THENCE  S89  42'52"W   A  DISTANCE OF
100.00   FEET;   29)THENCE   S89  35'59"°W   A   DISTANCE   OF   11.74   FEET;   THENCE   LEAVING
SAID°      NORTH   RIGHT   OF   WAY   RUN   S00  31' Sl"E   A   DIST°ANCE   OF   672.83   FEET;	THENCE
S89  33'56"W  A  DISTANCE  OF  663.12  FEET;  THENCE  S00  30'40"E  A  DISTANCE  OF 661.24

°

FEET S89
SAID°

TO THE SOUTH LINE OF THE NW 1/4 OF THE SW 1/4 OF SAID SECTION 22; THENCE 31'59"W ALONG SAID SOUTH LINE A DISTANCE OF 663.35 FEET TO THE WEST LINE OF
SECTION 22;  THENCE RUN ALONG SAID WEST LINE THE F°OLLOWING  3 COURSES; 1)

N00  29'28"W  A  DISTANCE   OF  °1323.24   FEET;   2)  THENCE  N00  09'33"W   A  DISTANCE OF
1322.55 FEET;  3) THENCE N00 09'33"W A DISTANCE OF 792.10 FEET TO THE NORTH LINE
OF  T° HE  SOUTH  24  ACRES  OF  THE  NW  1/4  OF  THE  NW  1/4  OF  SAID  SECTION  22;   THENCE
N89  37'27"E  ALONG  SAID  NORTH  LINE  A  DISTANCE  OF  1318.54  FEE° T  TO  THE  WEST  LINE
OF THE NE 1/4 OF THE NW 1/4 OF SAID SECTION 22;  THENCE N00 20'5l"W ALONG SAID
WEST LINE A DISTANCE OF 529.36 FEET RETURNING TO THE POINT OF BEGINNING, LESS MAINTAINED RIGHT OF WAY FOR LITTLE ZION ROAD.
CONTAINING AN AREA OF 159.93 ACRES MORE OR LESS.

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STATE_OF FLORIDA DEPARTMENT OF STATE

.

I, LAUREL M. LEE, Secretary of State of the State of Florida, do hereby certify that the above�and foi::_egoi11g is a tnie:and correct copy of-Polk County Or:dinance N6. 2020�002, which was filed m  this office on January 7, 2020, pursuant to the provisions of Section  125.66,  Florida  Statutes,  8:s  showp_ by  the-::-r�c?r<Js of  this· office.

Given under my hand and the Great Seal of the State of Florida
at Tallahassee, th_e Capitol, this the 9th day of January, A.D., 2020.

Secretary of State

al document has a reflective line mark in

STATE OF FLORIDA	)
COUNTY OF POLK	)

I Stacy M. Butterfield, County Clerk and Comptroller for Polk County, Florida,  hereby certify that the foregoing is a true and correct copy of Ordinance No.2020-002 adopted by the Board on January 7, 2020.

WITNESS my hand and official seal on this 7th day of January, 2020.

STACY M. BUTTERFIELD, CLERK

RECEIVED JAN O 81 ;1,-0c>o

RON DESANTIS
Governor

January 8, 2020

FLORIDA DEPARTMENT O	STATE

LAUREL M. LEE
Secretary of State

Ms. Jennifer Leidinger, Deputy Clerk Finance and Accounting
Post Office Box 988 Bartow, Florida 33831-0988
Dear Ms. Leidinger:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Polk County Ordinance No. 2020-002, which was filed in this office on January 7, 2020.
Sincerely,

Ernest L. Reddick Program Administrator
ELR/lb

R. A. Gray Building  • 500 South Bronough Street	• Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270
www.dos.state.fl.us