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!!'I' ORANGE COUNTY GOARD Of COUNl'/ COMMISSIONERS
JUL l 8 ml 44/C,6-
E!fective dat�!
July 27, 2000

ORDINANCE NO. 2000. 61 ___

_

AN ORDINANCE ESTABLISHING THE BONNET CREEK RF.SORTCOMMUNITYDEVELOPMENTDlSTRICTPURSUANT TOCHAPTER I90, FLORIDASTATUTES( I 999); NAMINGTHE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIESOF THEDISTRICT;DESCRIBINGTHE FUNCTIONS ANDPOWERS OFTHEDISTRICT;DESIGNATINGFIVEPERSONSTOSERVE AS THE INITIAL MEMBERS OF THEDISTRICT'S BOARD OF SUPE,R.VISORS; PROVIDINGASEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Bonnet Creek Venture, Ltd., (ajoint venture ofBrooksville Development Corporationaffiliates BDC Management, Inc., BDCBonnetCreek, LLC, and World Union-Orlando,
L.P. constirutingthe ownerof100 percentofthe real propertytobeincludedintheDistrict),haspetitioned theBoard ofCounty Commission�ofOrange County(the"County")to adoptan ordinanceestablishing the BonnetCreek ResortCommunityDevelopmentDistrict (the "District") pursuantto Chapter l90, Florida Statutes (1999); and

WHEREAS,Pctitioneris a Floridajointventarc autho1faed toconductbusinessinthe Stateof Florida whose address is40l West Colonial Drive, S�ite '7, Orlando, Florida; and

WHEREAS, all interested persons andaffected unitsofgeneral-purposelocalgovernmentwere afforded an opportunity to present oral andwritten comments on thePetition at a dulynoticed public hearing conducted by theCounty on July I8, 2000; and

WHEREAS, uponconsiderationoftherecord established at thothearing, theCounty determines that the statementswithinthe Petition weretrueand correct,thatthe' establishmentoftheDistrict is not inconsistent withany applicableelementor portionofthestate compri)hensive planor thelocalgovernment comprehensive plan, that the land within theDistrict is ofsuffieiC)lt size, is sufficientlycompact, and sufficiently contiguousto be developableasafunctionally interrelated community,thattheDistrictis thebest altemativc availablefor delivering community developmet\l:services and facilitiestotheareaserved by the Disllict, thatthe services and facilities oftheDistl'ictwillnot� incompatiblewiththecapacity and usesof existing localandregional community &:velopmentservices andfacilities, andthatthe areatobeserved by the District is amendable to separate special-district governance; and

WHEREAS,establishmentofthcDi.strictwillconstituteatimely,efficient,effective,responsiveand economicwayto delivercommunity developmentservicesin the areadescribed inthe Petition; andnow, therefore,

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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE

COUNTY, FLORIDA:

Section t, Authority.	This ordinance is adopted in compliancewithand pursuant to the

Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes (I 999).
Section 2. DistrictName.	Thereishereby created a community development district situat�d
entirelywithin unincorporated OrangeCounty, F1011da, whichDist:iictshall be known as the "Bonnet Creek Resort CommLLnityDevelopmentDistrict."
Section 3.   External Boundaries of the District.	The Bonnet Creek Resort Community

DevelopmentDistrict(theDistrict) encompasses approximately 482 acres, theexternal boundaries ofthe District are described in Exhibit A attached hereto.
Section 4. Func:tions and Powers,

The Districtislimitedto theperfoimance ofthose functions desc1ibed in Chapter 190, Florida Statutes.
Consentis herebygiven, pursuant to Section 190.012(2), FloriclaStanues, tothe Districttoexercisethefollowingpower. parks and facilitiesforindoorand outdoor recreational, cultural, and educational uses.

Inthe exercise ofits powers, the Districtshallcomply with all applicablcgovemmentallaws,rules,regulationsandpoliciesinclwlingbut notlimited to all Orange County ordinances andpoliciesgoverningland planning and permitting ofthe development to be served by the District.

TheDistrictshallnothaveanyzoning orpermittingpowc:rs governing land development or the use of land.
Nodebt or obligation oftheDistrict shall constitute a burden on any local general-purpose government.

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Section 5. Board ofSupervisors.	The fivepersonsdesignared to serve as initial members of the District's Board of Supervisors arc as follows:
Daniel W. Paris, Chainnan 	 Guy Butler
Marty Pawlikowski
Richard E. Hartman Duane Owen

All ofr.he above-Jistedpersons areresidents ofthe stateofFloridaand citizensoftheUnited States ofAmerica.
Section 6. InterlocaIAgreement.	This Ordinance sha!lbecontingcnt upon the approval of
the InterlocalAgreement by theDistrictboardofsupervisors inthe form acceptabletoOnmge County withinninety (SJO) days ofadoption ofthisOrdinance. Failureofthe bistrictboardofsupervisors to adopt the lnterloca\ Agreement shall result in repeal ofthis Ordinance. Once approval of the Jnterlocal AgreementissecuredfromOrange CountyandtheDistrict,theInterlocal Agreementshall berecorded
inthePublicRecords ofOrangeCounty,Florida,attheDistrict's e>.l)ense, toindicate fulfillment ofthis obligation.
Section7. Challenges Precluded.	Neitherthc:Districtnoranypen;on owning property within
the Disoictsha!l initiate acha!lengetothis ordinancenorthcInterloca!Agreementbyrequesting acowtor administrative agencyhearingconcerningthevalidityofthis Ordinance ortheInterlocal Agreementbetween Orange County and the Bonnet Creek Reson Community Development District (the "Interlocal Agreement") duringtheninety(90) da�immerliately followingtheeffectivedateofthis Ordinance. Should suchachallengeoccur,thenthe County mayrepeal this Ordinanceandexerciseanyandall legalrights the Countymayhaveregarding theInterlocal Agreementbetween theDistrictandtheCountybut only ifsuch
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achallenge is commenced duringtheninely(90) days immediately followingthe effective date ofthis Ordinance.

Section 8. Severability.	Thereare ce11ain provisions ofthis lnterlocal Agreement that are vital to therelationshipofthe District and the County. Morespecifically, theterms andconditions setfo,th in Section4(A), through4(0) ofthelnter\ ocal Agrccmentwere important to the Countyin making the decision to approve this Interlocal Agreement. Shouldany material word, sentence, or otherprovision of theseSections ofthe InterlocalAgreement be slrickenby acourt ofcompetentjurisdicti on, theCountyshall bavetherightto rcquire renegotiation ofthatportion ofthe lntcrlocal Agreement tbathas been suicken in order to negotiatemutually acceptable replacementlanguage consistent with1he rulingofthe courtwhile
taking into account the contractual tights of the persons or entities to whom the District is obligated.

Adopted this	Jg-g.,	day of --J:::i. <�•�f�,�-- , 2000.
ORANGE COUNTY, FLORIDA
By: Board of County Commissi oners

Section 9.   Effective Date.	This Ordinance shall take effect pursuant to general law.

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\VORLD UNION INDUSTRIAL CORP.
POST-TRADE AND POST-VACATION BOUNDARY

EXHI BIT	A

DESCRIPTION:

A parcel of land lying in Sections 29, 30 and 32, Township 24 S outh, Range 28 East, Orange County, Florida, and being more particularly described as foll ows:

BEGIN at  the  Northwest  comer  of  said  Section  32;  thence  run S 89°50 '32" E along the North line of the Northwest 1 /4 of said Section 32 for a distance of360.99 feet, to a point on the \Vesterly Right-of-\Yay line of
\Vorld Union Industrial Boulevard as recorded in Official Records Book 3220, Page 1213 ofthe Public Records of Orange county, Florida; thence run along   said   \Vesterly   Right-of-\Vay    line   the    following   courses: N 00°00'00" E, 1 62.88 feet to a point of curvature of a curve concave Southeasterly having a radius of 825.00 feet and a central angle of 45°40'47"; thence run Northeasterly along the arc of said curve, 657.74 feet to a point of reverse curvature of a curve concave ,vesterly having a radius of 675 .00 feet and a central angle of 98°34' 08"; thence run Northerly along the arc of said curve I 161 .24 feet to it point of reverse curvature of a curve concave Northeasterly having a radius of 650.84 feet and a central angle of
22°53'2 l"; thence departing said \Vesterly Right-of.\Vay line run Northwesterly along the arc of said curve, 260.00 feet to the point of tangency; thence N 30°00'00" \V, 408.17 feet; thence N 06° 1 5'02" \V, 54.63

feet; thence N 30°00'00" \V, 180.00 feet; thence N 57°06'40" \V, 87.56 feet to a point  on  the  \Vest  line  of said  Section  29;  thence  continue N 57°06 '40" \V, 80. 15 feet to a point on the Southerly Right-of-\Vay line of Buena Vista Drive as recorded in Official Records Book 3937, Page 1 979 of the Public Records of Orange County, Florida, said point being a point on a non-tangent curve concave Southerly having a radius of 61 1.16 feet and a
central angle of 1 9°0 l '1 8"; thence from a tangent bearing of N 70° 58'42" E n1n Easterly along the arc ofsaid curve and Right-of-\Vay line 202.90 feet to the point of tangency; thence nm N 90°00'00" E a.long said Southerly Right· of-\Vay line, 67.60 feet; thence departing said Southe rly Right-of-\Vay line

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..run S 00°,PO'OO" E, 8 6.60 feet; thence S 30° 00' 00" E, 28 1 .51 feet to a point of the aforesaid \Vesterly Right-of-\Vay line of \Vorld Union Industr:ial Boulevard; thence leaving said Right-of-\Vay line continue S 3 0°00'00" E
326.45 feet to the point of curvature of a CLtrve concave Northeasterly having
a radius of 500.84 feet and a central angle of 22° 53 '2 1 "; thence run Sou theasterly along the arc of said cur\'e for a dis tance of 200.07 feet to a point of reverse curYature of a curve concave Southwesterly having a radius
of 825 .00 feet and a central angle of 98° 34'0S"; thence run Southerly along the arc of said curve and the Easterly Right-of-\Vay line of said \Vorld Union IndL1strial Boulevard for a distance of 141 9.29 feet to a point of reverse curvature of a curve concave Southeasterly having a radius of 675.00 feet and a central angle of 45°40'47"; thence run Southwesterly along the arc of said curve and said R.ight·of-\Vay line for a distance of 53 8.15 feet to the point of tangency; thence nm S 00°00'00" \V for a distance of 1 63,30 feet to a point on the aforesaid North line of the Northwest 1 /4 of Section 32; thence run S 89°5 0'32" E along said North line for a distance of 2090. 11 feet to a
point on the \Vest line of Reedy Creek Improvement District Canal C-1
(300' wide) as recorded in Official Records Book 1 623, Page 476 of the Public Records of Orange County, Florida; thence run the following five courses along said \Vest line:  1) S 40°49'03" E, 74S.9 1  feet;  2)  S ! 6°46 '42" E,  1 047.63 feet;  3)  S 01 ° 15 '42" E,  1 640.3 1  feet;  4)
S 28°04' 1 8" \V, 2328.0S feet; 5) S 1 4°52'5 1" \V, 11 5.53 feet to a point on the South line of the Southwest 1 /4 of said Section 32; thence run  S 89°41 '39" \V along said South line for a distance of 2289.98 feet to the
Southwest corner of said Section 32; thence run N 00°27'09" E along the
\Vest line of said Southwest 1 /4 for a distance of 2643 .55 feet to the West
1 /4 comer ofsaid Section 32; thence run N 00° 41 '08" \V along the \Vest line of the Northwest 1/4 of said Section 32 for a distance of 2749.41 feet to the POINT OF BEGfNNING

AND

Commi;:nce   at   the   Northwest   comer   of  said   Section   32   and   run S 89°50'32" E along the North line of the Northwest 1 /4 of sa.id Section 32 for a distance of 2663.50 feet to the North 1 /4 corner of said Section 32;
.thence run S 89°51 '00" E for a distance of334.90 feet to a point on the East

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line of Rc�dy Creek Improvement District Canal C· l as recorded in Official Records B·ook 1 623 , Page 476 of the Public Records of Orange Coul',ty, Florida said point also being the POINT OF BEGINNING; thence continue
S 89°5 l '00" E along said North line for a distance of 11 64.99 feet to a point on the \Vesterly Right-of-\Vay line ofSR 536 said point also being on a non­
                                   tangent curve· concave Southwesterly having a radius of 900.00 feet, a central angle of 3 l 007'32" and a chord bearing of S 44°07' 5 l" E; thence nm
Southeasterly along the arc of said curve and said Right-of-\Vay line for a distance of 488.92 feet; thence run S 28°34'05" E for a distance of 511 .67 feet; thence nin S 24°34 '05" E along said rught-of-\Vay for a distance of
559.99 feet to a point on a non-tangent curve concave \Vesterly h aving a
radius of 875.38 feet, a central angle of 64° 1 6'56" and a chord bearing of
S 07° 34' 0Q" \V; thence nm Southwesterly along the arc of said curve for a distance of 982.13 feet to the point of tangency; thence run S 39°42'28" \V for a distance of 685. 14 feet to a point on the North line of the Southeast 1/4

of said S ection 32; thence run N 89°46' 1 9" \V along said North l ine for a distance of 1 52,66 feet; thence nin S 00°21 '05" \V for a distance of 21 4.89 feet to a point on a non-tangent curve concave Southeasterly having a radius
of  1696.80  feet,  a  central  angle  of  13 °5':3'57"  and  a  chord  bearing  of S 24° 18' 13" \V; thence run Southwesterly along the arc of said curve for a distance of 41 1.62 feet to a point on a non-tangent curve concave Southeasterly having a radius of 1 653.55 feet, a central angle of 1 8° 17 '55" and a chord bearing of S 41 ° 10'55" \V; thence run Southwesterly along the arc of said curve for a distance of 528. 10 feet to the point of tangency; thence run S 32° 02 ' 00" \V for a distance of 91 9.09 feet; thence run
S 3 8° 30' 09" \V for a distance of 948.42 feet to a point on the aforesaid Easterly line of Canal C-1; thence run the fol lowing four courses along said line: l) N 28°04' 1 8" E, 2250.89 feet; 2) N 01 °15 '42" W, 1759,69 feet; 3)
N 1 6°46'42" \V, 1 1 52.37 feet; 4) N 40°49' 0°3" \V, 549.28 feet to the POINT
OF BEGINNING.

Containing 48 1.969 acres more or l ess and being subject to any rights-of. way, restrictions and easements ofrecord.

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