THE FULL TEXT OF THE RULE IS AS FOLLOWS: LELY COMMUNITY DEVELOPMENT DISTRICT 42K-1.001 Creation. Lely Community Development District is hereby created. Specific Authority: Section 120.53(1) and 190.005, Florida Statutes (F.S.) Law Implemented: Section 190.005, F.S. History-New 42K-l.002 Boundary. The boundaries of the District are as follows: DESCRIPTION: All that part of Sections 21, 27, 28, 33 and 34, Township 50 South, Range 26 East and part of Section 3, Township 51 South, Range 26 East, Collier County, Florida, and being more particularly described as follows: Begin at the southwest corner of said Section 28; thence along the west line of said Section 28, North 02 47 SS East 1226.36 feet to a point on the boundary of that land described in O.R. Book 542, page 765; thence along the boundary of said land in the following three (3) described courses; 1) South 87 12 OS East 969.84 feet; 2) North 02 47 40 East 1702.00 feet; 3) LNorth 38 47 47 West 1456.15 feet to a point on the west line of said Section 28; thence along the west line of said Section 28, North 02 55 l6 East 1177.76 feet to the northwest corner of said Section 28 and the southerlymost corner of that land described in
0. R..Book;1244, page 983; thence along the easterly line of said land in the following two (2) described courses; 1) North 26 l3 32 East 345.51 feet; 2) North 32 20 ll West 236.05 feet to a point on the west line of said Section 21; thence along said west line North 02 58 09 East 181.54 feet; thence leaving said line South 33 13 52 East 243.49 feet; thence southeasterly 291.20 feet along the arc of a circular curve concave northeasterly having a radius of 690.00 feet through a central angle of 24 10 SO and being subtended by a chord which bears South 45 19 17 East 289.04 feet; thence South 57 24 42 East 1289.45 feet; thence easterly 563.65 feet along the arc of a circular curve concave northerly having a radius of 1230.00 feet through a central angle of 26 15 22 and being subtended by a chord which bears South 70 32 23 East 558.74 feet; thence South 83 40 04 East 1300.00 feet; thence southeasterly 1187.52 feet along the arc of a circular curve concave southwesterly having a radius of 1260.00 feet through a central angle of 54 00 OO and being subtended by a chord which bears South 56 40 04 East 1144.06 feet; thence South 29 40 04 East 1073.38 feet; thence southeasterly 415.41 feet along the arc of a circular curve concave northeasterly having a radius of 1940.00 feet through a central angle of l2 16 07 and being subtended by a chord which bears South 35948 08 East 414.62 feet; thence South 4l056h11~ East 47.84 feet; thence North 48 03 49 East 90.00 feet; thence northerly 122.72 feet along the arc of a circular curve concave westerly having a radius of 125.00 feet through a central angle of 56 15 OO and being subtended by a chord which bears North 19 56 19 East 117.85 feet; thence North 08 ll ll West 70.00 feet; thence North 53 11 11 West 70.71 feet thence North
O8 i1~ii West 200.00 feet; thence North 81 48 49 East 170:60 feet; thence South 08 11 ll East 100.00 feet; thence South 81 48 49 West 35.00 feet; thence South 08 11 11 East 220.00 feet; thence southerly 206.17 feet along the arc of a circular curve concave westerly having a radius of 210.00 feet through a central angle of 56 15 OO and being subtended by a chord which bears South 19 56 19 West 197.99 feet; thence South 48 03 49 West 90.00 feet; thence South 4l 56~ll~ East 581.34 feet; thence southeasterly, easterly and northeasterly 35.94 feet along the arc of a circular curve concave northerly having a radius of 25.00 feet through a central angle of 82 22 19 and being subtended by a chord which bears South 83 07 21 East 32.93 feet; thence North sso41i30i~ East 518.58 feet; thence northeasterly 439.82 feet along the arc of a circular curve concave northwesterly having a radius of 560.00 feet through a central angle of 45~00 00 and being subtended by a chord which bears North 33 11 30 East 428.61 feet; thence North 10 41 30 East 208.40 feet; thence northeasterly 393.40 feet along the arc of a circular curve concave southeasterly having aradius of 715.00 feet through a central angle of 3103l~30~ and being subtended by a chord which bears North 26 27 ls East 388.46 feet; thence North 42 13 OO East 136.91 feet; thence northeasterly, northerly and northwesterly 37.43 feet along the arc of a circular curve concave westerly having a radius of 25.00 feet through a central angle of 85 47 21 and being subtended by a chord which bears North 00 40 41 West 34.03 feet to a point of reverse curvature; thence northwesterly 88.85 feet along the arc of a circular curve concave northeasterly having a radius of 1405.00 feet through a central angle of 03 37 24 and being subtended by a chord which
hearsnorth 41 45 39 West 88.84 feet; thence along a nontangential line North 50 03 03 East 160.00 feet; thence South 39 56 57 East 86.63 feet; thence southeasterly 484.36 feet along the arc of a circular curve concave northeasterly having a radius of 1067.38 feet through a central angle of 26 00 OO and being subtended by a chord which bears South 52 56 57 East 480.22 feet; thence South 65 56 57 East 1470.00 feet; thence easterly 309:59 feet along the arc of a circular curve concave northerly having a radius of 765.00 feet through a centralangle of 23 11 13 and being subtended by a chord which bears South 77 32 34 East 307.48 feet; thence South 89 08 10 East 616.58 feet; thence easterly 170.84 feet along the arc of a circular curve concave northerly having a radius of 779.00 feet through a central angle of 12 33 54 and being subtended by a chord which bears North 84 34 53~ East 170.49 feet to a point of reverse curvature; thence easterly 163.38 feet along the arc of a circular curve concave southerly having a radius of 745.00 feet through a central angle of 12 33 54 and being subtended by a chord which beats North 84 34 53 East 163.05 feet; thence South 89 08 lo East 16.92 feet; thence easterly 163.38 feet along the arc of a circular burve concave southerly having a radius of 745.00 feet through a central angle of 12 33 54 and being subtended by a chord which bears South 82 51 13 East 163.05 feet to a point of reverse curvature; thence easterly 170.84 feet along the arc of a circular curve concave northerly having a radius of 779.00 feet through a central angle of l2 33 54 and being subtended by a chord which bears South 82 51 13 East 170.49 feet; thence South 89 08 10 East 235.00 feet to a point on the proposed westerly right-of-way line of C.R. 951, Isle of
Capri~Road~ thence run along said proposed right-of-way line in the following three (3) described courses being parallel with and 25 feet westerly of the existing right of-way of C.R. 951; 1) South O0051~4l~T West 2434.47 feet; 2) southerly 1695.32 feet along the arc of a circular curve concave westerly having a radius of 2789.93 feet through a central angle of 34 48 58 and being subtended by a chord which bears South 18 16 lo West 1669.36 feet; 3) South 35 40 39 West 5513.54 feet to a point on the northwesterly line of that land described in 0. It. Book 124, page 459; thence leaving said right-of-way line and along the northeasterly line of said land, North 54 20 24 West 194.98 feet; thence along the northwesterly line of said land, South 35 40 39 West 219.95 feet to a point on the northeasterly right-of-way line of U.S. 41, Tamiami Trail; thence along said right-of-way line North 54 20 24 West 325.00 feet to the southerlymost corner of that land described in 0. R. Book 1173, page 789; thence along the southeasterly line of said land, North 35 40 39 East 275.00 feet; thence along the northeasterly line of said land, North 54 20 24 West 170.00 feet; thence along the northwesterly line of said land, South 35 40 39 West 275.00 feet to a point on the northeasterly right-of-way line of U.S. 41, Tamiaini Trail; thence along said right-of-way line, North 54 20 24 West 959.12 feet; thence continue along said right-ofway line North 54 25 09 West 3328.63 feet to a point on the north and south 1/4 section line of said Section 33; thence along said north and south 1/4 section line North 02 43 23 East 3282.44 feet to the north 1/4 corner of said Section 33; thence along th~ south line of said Section 28, North 89 33 Ol West 2626.87 feet to the Point of Beginning; containing 1538.77 acres
more ot 1es~S; subject to easements and restrictions of ~ecord; bearings are based on the west line of said Section 21, being North 2058b09t1 East. Specific Authority: Section 120.53(1), F.S. and 190.005, F.S. Law Implemented: Section 190.004 and 190.005, F.S. History-New 42K 1.003 Supervisors. The following five persons are designated as the initial members of the Board of Supervisors: C. William Norman, David N. Blank, Lee L. Katz, Fred Gartz, Evelyn M. Cryder. Specific Authority: Section 120.53(1) and 190.005, F.S. Law Implemented: Section 190.006(1), F.S. History-New
~_-a4 t ~L ant x ant ant v nr a (7 U va.c& aa a ant- L ~flt ft a r;1ot5 SXc Uvpartmrut of ~tutv Thuiaian of Elections ~1(7P I, JIM SMITH, Secretary of State of the State of Florida, do hereby certify that the above and foregoing X is a true and correct copy of Chapter 42K i, Florida Administrative Code, rules and regulations of the Land and Water Adjudicatory Commission, Lely Community Development District, filed pursuant to Chapter 120, Florida Statutes, and became effective on January 10, 1991, as shown by the records of this office. K4 ~7flt~ i~iben unber mp baub nab the ~c 0~reat ~ eal of the ôtate of jioriba, at ~allaba~see, the CapitaL, ttji the 11th bapof January, A.D. 1991. tnftli 101 ~ ecntarg of *tatt t~ ~42i ~
THE FULL TEXT OF THE RULE IS AS FOLLOWS: LELY CO?~4UNITY DEVELOPMENT DISTRICT 42K-l.OO1 Creation. Lely Community Development District is hereby created. Specific Authority: Section 120.53(1) and 190.005, Florida Statutes (F.S.) Law Implemented: Section 190.005, F.S. History-New 42K-l.002 Boundary. The boundaries of the District are as follows: - DESCRIPTION: All that part of Sections 21, 27, 28, 33 and 34, Township 50 South, Range 26 East and part of Section 3, Township 51 South, Range 26 East, Collier County, Florida, and being more particularly described as follows: Begin at the southwest corner of said Section 28; thence along the west line of said Section 28, North 02 47 55 East 1226.36 feet to a point on the boundary of that land described in O.R. Book 542, page 765; thence along the boundary of said land in the following three (3) described courses; 1) South 87 12 05 East 969.84 feet; 2) North 02 47 40 East 1702.00 feet; 3) North 3804747 West 1456.:5 feet to a point on the west line of said Section 28; thence along the west line of said Section 28, North 02 5516 East 1177.76 feet to the northwest corner of said Section 28 and the southerl ~ost corner of that land described.in
0. R. Book 1244, page 983; thence along the easterly line of said land in the following two (2) described courses; 1) North 26 :3 32 East 345.51 feet; 2) North 32 20 ll West 236.05 feet to a point on the west line of said Section 21; thence along said west line North 02 58 09 East 181.54 feet; thence leaving said line South 330131521 East 243.49 feet; thence southeasterly 291.20 feet along the arc of a circular curve concave northeasterly having a radius of 690.00 feet through a central angle of 24 l0 SO and being subtended by a chord which bears South 45 19 17 East 289.04 feet; thence South 57 24 42 East 1289.43 feet; thence easterly 563.65 feet along the arc of a circular curve concave northerly having a radius of 1230.00 feet through a central angle of 26 15 22 and being subtended by a chord which bears South 70 32 23 East 558.74 feet; thence South 83 40 04 East 1300.00 feet; thence southeasterly 1187.52 feet along the arc of a circular curve concave southwesterly having a radius of 1260.00 feet through a central angle of 54 0000 and being subtended by a chord which bears South 56 40 04 East 1144.06 feet; thence South 29 40 04 East 1073.38 feet; thence southeasterly 415.41 feet along the arc of a circular curve concave nortneasteri.y navlng a radius of 1940.00 reet through a central angle of 12 16 07 and being subtended by a chord which bears South 35 48 O3 East 414.62 feet; thence South 4105611111 East 47.84 feet; thence North 48 0349 East 90.00 feet; thence northerly 122.72 feet along the arc of a circular curve concave wester1y having a radius of 125.00 feet through a central angle of 3601500 and being subtended by a chord which bears North 19 56 19 East 117.85 feet; thence North 08 ll ll West 70.00 feet; thence North 530111111 West 70.71 feet thence North
08 11 ll West 200.00 feet; thence North 810481491 East 170.00 feet; thence South 08 11 ll East 100.00 feet; thence South 810484911 West 33.00 feet; thence South 08 ll 11 East 220.00 feet; thence southerly 206.17 feet along the arc of a circular curve concave westerly having a radius of 210.00 feet through a central angle of 5601510011 and being subtended by a chord which bears South 19 56 19 West 197.99 feet; thence South 48 03 49 West 90.00 feet; thence South 410561l1fl East 581.34 feet; thence southeasterly, easterly and northeasterly 35.94 feet along the arc of a circular curve concave northerly having a radius of 25.00 feet through a central angle of 82 22 19 and being subtended by a chord which bears South 83 07 21 East 32.93 feet; thence North 55 4P30 East 518.58 feet; thence northeasterly ~39.Sz :eet along tne arc or a clrcuiar curve concave northwesterly having a radius of 560.00 feet through a central angle cf 45 00 OO and being subtended by a chord which bears North 33011 30 East 428.61 feet; thence North 10 41 30 East 208.40 feet; thence northeasterly 393.40 feet along the arc of a circular curve concave southeasterly having a radius of 715.00 feet through a central angle of 3103113011 and being subtended by a chord which bears North 26 27 ls East 388.46 feet; thence North 420131001 East 136.91 feet; thence northeasterly, northerly and northwesterly 37.43 feet along the arc of a circular curve concave westerly having a radius of 25.00 feet through a central angle of 85 47 21 and being subtended by a chord which bears North 0004014111 West 34.03 feet to a point of reverse curvature; thence northwesterly 88.85 feet along the arc of a circular curve concave northeasterly having a radius of 1405.00 feet through a central angle of 0303712411 and being subtended by a chord which
bears North 41 45 39 West 88.84 feet; thence along a non tancential line North 500030311 East 160.00 feet; thence South 3905515711 East 86.63 feet; thence southeasterly 484.36 feet along the arc of a circular curve concave northeasterly having a radius of 1067.38 feet through a central angle of 26 00 Q0 and being subtended by a chord which bears South 3205615711 East 480.22 feet; thence South 65 56 57 East 1470.00 feet; thence easterly 309.59 feet along the arc of a circular curve concave northerly having a radius of 765.00 feet through a central angle of 23 1l 13 and being subtended by a chord which bears South 77032l34~ East 307.48 feet; thence South 89 08 lo East 616.58 feet; thence easterly 170.84 feet along the arc pf a circular curve concave northerly having a radius of 779.00 feet through a central angle of l2 33 54 and being subtended by a chord which bears North 84 34 53 East 170.49 feet to a point of reverse curvature; thence easterly 163.38 feet along the arc of a circular curve concave southerly having a radius of 745.00 feet through a central angle of 12 33 54 and being subtended by a chord which bears North 84 34 53 East 163.05 feet; thence South 89 08 10 East 16.92 feet; thence easterly 163.38 feet along the arc of a circular curve concave southerly having a radius of 743.00 feet through a central angle of 12 33 54 and being subtended by a chord which bears South 82 51 13 East 163.05 feet to a point of reverse curvature; thence easterly 170.84 feet along the arc of a circular curve concave northerly having a radius of 779.00 feet through a central angle of 12 33 54 and being subtended by a chcrd which bears South 82051113u East 170.49 feet; thence South 89 08 10 East 235.00 feet to a point on the proposed westerly right-of-way line of C.R. 951, Isle of
Capri Poad; thence run along said proposed right-of-way line in the fcllowing three (3) described courses being parallel with and 25 feet westerly of the existing right of-way of C.R. 951; 1) South 0003114111 West 2434.47 feet; 2) southerly 1695.32 feet along the arc of a circular curve concave westerly having a radius of 2789.93 feet through a central angle of 34 48 SB and being subtended by a chord which bears South lb 16 lo West 1669.36 feet; 3) South 35 40 39 West 3513.54 feet to a point on the northwesterly line of that land described in 0. R. Book 124, page 459; thence leaving said right-of-way line and along the northeasterly line of said land, North 54 20 24 West 194.98 feet; thence along the notthwesterly line of said land, South 35 40 39 West 219.95 feet to a point on the northeasterly right-of-way line of U.S. 41, Taniasni Trail; thenoc along said rig:~t-o~-way line North 54 20 24 West 325.00 feet to the southerlvmost corner of that land described in 0. R. Book 1173, page 789; thence along the southeasterly line of said land, North 3504013911 East 275.00 feet; thence along the northeasterly line of said land, North 5402012411 West 170.00 feet; thence along the northwesterly line of said land, South 35 40 39 West 275.00 feet to a point on the northeasterly right-of-way line of U.S. 41, Ta.rniami Trail; thence along said right-of-way line, North 54 20 24 West 959.12 feet; thence continue along said right-of way line North 54 25 09 West 3328.63 feet to a point on the north and south 1/4 section line of said Section 33; thence along said north and south 1/4 section line North 02 43 23 East 3282.44 feet to the north 1/4 corner of said Section 33; thence alona the south line of said Section 28, North 8903310111 West 2626.87 feet to the Point of Beginning; containing 1538.77 acres
more or less; subject to easements and restrictions of record; bearings are based on the west line of said Section 21, being North 2 5809 East. Specific Authority: Section 120.53(1), F.S. and 190.005, F.S. Law Implemented: Section 190.004 and 190.005, F.S. History-New 42K-1.003 Supervisors. The following five persons are designated as the initial members of the Board of Supervisors: C. William Norman, David N. Blank, Lee L. Katz, Fred Gartz, Evelyn M. Cryder. Specific Authority: Section 120.53(1) and 190.005, F.S. Law Implemented:~ Section 190.006(1), F.S. History-New
AFFIRMATION OF CONSENT TO ESTABLISHMEfl OF LEVY COMMUNITY DEVEWPMENT DISThICT The undersigned, SOUTHERN MANAGEMENT CORPORArION, as owner of that certain property located in Collier County, Florida, more particularly described in Exhibit A attached hereto and made a part hereof, hereby affirms its consent to establishment by rulemaking of the tell pommiinity DEVELOPMENT DISTRICT which was established by Rule 42K i, Florida Administrative Code, Rules and Regulations of the Land and Water Adjudicatory Commission with an effective date of January 10, 1991. The undersigned further acknowledges that the BOARD OF SUPERVISORS FOR TEE LEVI COMMUNITY DEVELOPMENT DISTRICT has caused the undersigned to be informed by way of resolution and otherwise that the BOMW OF SUPERVISORS shall not be delivering community development services nor facilities to the Exhibit A lands, and that as a Board of Equalization, it found no assessment to be attributable to the Exhibit A lands, also described as Tract 16 of Lely Resort Phase One, flat Book 16, Pages 87 through 99, inclusive, of the Public Records of Collier County, Florida, nor any benefit to the Exhibit A lands derived therefrom, nor shall any ad valorem and/or non-ad valorem assessments be made against the Exhibit A lands. The undersigned by the execution hereof confirms and Li,in FcS acknowledges the0 jurisdiction of the BOARD Of SUPERVISORS to effect Sc~tJi~f MC~ the exclusion of the Exhibit A lands from the aforesaid District, to which it consents as evidenced by the IRREVOCABLE CONSENT TO HAVE LANDS EXCLUDED FROM THE JURISDICTION AND BOUNDARIES OF THE LEVY COMMUNITY DEVELOPMENT DISTRICT of even date herewith executed by the undersigned. 1
in WIThESS WHEREOF, the undersigned executes this Affirmation of Consent to Establishment of the Lely Community bevelopmeiit Diátrict on this?3 day of May 1991. WITNESSES SOLFfBERN fl~agemewi~ CORPORATION STATE OF FLORIDA) COUNT! op6a2n&atk~ BEFORE NE, personally appeared GEORGN,T. ROYfl, as president 4%C-~ of SOUTHERN MANAGEMENT CORPORATION to me well know&4fld known to we to be the person described in and who executed the, foregoing inbtrument, and acknowledged to and before me that he, as President of SOUtHERN NA GEMENT CORPORATION, executed said instrument for the purposes therein expressed, and in behalf of SOUTHERN MANAGEMENT COIU ORAflON. WITNESS my hand and official seal this 3 day of )ay, 1991. - NO ANY PUELI - (Sea My MY CoMMlS~0H CPIRES M RCU 19, 99,!ONO!D 1NRU ASHTON AGEHCYi R~ -. - c,\uttlitle\cofleeflt. afl 2
EXHIBIT hyjh Description of part of the northwest 1/4 of Section 3, Township 51 south, Pang. 26 East Parcel A (Globe Oil parcel) Collier County, Florida All that part of the northwest 1/4 of Section 3, Township 51 South, ~ 26 East, Col.Ii.r County, Florida being sore particularly described as follow sj cc..n.ncing at the northwest;corner of said Section 3g thenc. along the north lin, of said Section 3, Soith 595_301_l1* flit 2241.19 feet to the westerly right of way line of State Road Hi, (Isle of Cepri Poad)g thence ilop lq Said right ofwsy line, South 35 40 3P West ~9S.50 fest to th. northeast corner of that land described in o.r. Book 124, page 459, Collier County Public Records, Collier County, riorida, thence leavinq said rjight of vay,llne, and along the north line of said land, North 54 20 24 West. 220.00 f..t to the northwest corner of ash land; - 1 -~ thence leaving said corner, North 54e_2O~245 West 45.00 feet to the POIHT or beginning of the Parcel A herein described; thence South 3S 40 3~ West 220.00 feet to the northerly right of way line of U.S. 41 (Taniaai Trail); thence along said right of way line, North 54 20 24 West 200.00 feet; thence leaving said right of way linö, North 35 40 39 East 235.00 feet; thence South SV 20 24 tact 200.00 feet; thence South 35 40 39 West 55.00 feet to the Point of Beginning of the Parcel A herein described; being apart of the northwest 1/4 of Section 3, Township 51 South, Ring. 26 flit, Collier County, Florida; subject to easements and restrictions of records containing 1.26 sent of land sore or less.
,AREVOCABLE CONSENT TO RAVE LMWS EXCLUDED FROM THE JURISDICTION AND BOUNDARIES OF THE LELT COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the LELY COMMUNITY DEVELOPMENT DISTRICT is a local unit of special purpose government, organized and existing in accordance with the Uniform Cormminity Development District Act of 1980, chapter 190, Florida $tatutes, as amended, created by a rule of the Florida Land: and Water Adjudicatory Commission (Rule chapter 42K i, Florida Administrative Code, Rules and Regulations of the Land and Water Adjudication Commission) which became effective January 10, 1991; and WHEREAS, SOUTHERN MANAGEMENT CORPORATION is the present fee owner of the lands described in Exhibit A, attached hereto and made a part hereof, of approximatelyl.25 acres, more or less and located within the boundaries of the aforesaid I1Efl COMMUNITY DEVELOPMENT DISTRICT as described in Rule Chapter 42K-i, Florida Administrative Code; and WHEREAS, the J1ELY COMMUNITY DEVELOPMENT DISTRICT was created for the specific purpose of delivering certain community development services and facilities within its jurisdiction and boundary, none of which development services and facilities will be provided by the LELY CoMMUNITY DEVELOPMENT DISTRICT to and for the lands described in Exhibit A ; and WHEREAS, the BOARD OF SUPERVISORS OF THE leijy COMMUNITY DEVELOPMENT DISTRICT acting as a board of equalization did on the 8th day of May 1991 in recognition that the Exhibit A lands, also described as Tract 16 of Lely Resort Phase One, Plat Book 16, Pages 87 through 99, inclusive, of the Public Records of Collier County, Florida, would receive no benefit from the development services and facilities to be provided by the I.ELY COMMUNITY DEVELOPMENT DISTRICT, found that no assessment for benefits was attributable to the Exhibit A lands; and
WHEREAS, the EOFSBD OF SUPERVISORS OF THE LELY COIIMUNIn DEVELOPMENT DISTRICT did further on the 8th day of Nay 1991, make a determination to effect the exclusion of the Exhibit A lands from the jurisdiction and boundaries of said LELY COMMUNITY DEVELOPMENT DISTRICT as established. NOW THEREFORE: The undersigned, SOUTHERN NPINNENENT CORPORATION, as Consenter, acknowledges that it is the present fee owner of that certain parcel of land located in Collier County, Florida, described in Exhibit A1 attached hereto and made a part hereof, which are within the boundaries of the I2LY COMMUNITY DEVELOPMENT DISTRICT as established in Rule Chapter442K l, Florida Administrative Code, Rules and Regulations of the Land and Water Adjudication Commission. That the BOARD OF SUPERVISORS OF THE LEI.Y COMMUNITY Lj,i;4-c4 DEVELOPMENT DISTRICT has ~legal jurisdiction over the Exhibit A lands and as such is authorized by this Consenter to appear in its behalf for thes~~urpose of excluding the Exhibit A lands from its District boundaries in such proceeding for amendment of the Rule (Rule Chapter 42K-i, Florida Administrative Code, Rules and Regulations of the Land and Water Adjudicatory Commission) before the Florida Land and Water Adjudication Commission and before such other forums and/or at such other proceedings and/or hearings before the appropriate agencies and/or units of government to achieve the aforesaid stated purpose. The undersigned in accordance with the foregoing does hereby irrevocably consent to the exclusion of the Exhibit A lands from the boundaries and jurisdiction of the LELY COMMUNITY DEVELOPMENT DISTRICT as established in Rule Chapter 42K i, Florida Administrative Code, Rules and Regulations of the Land and Water Adjudication Commission, It being the intent of this Consent that 2
.a Consent be irrevocable and ongoing until such time as the Exhibit A lands are excluded from the IJEIJY COMMUNITY DEVELOPMENT DISTRICT boundaries. IN WITNESS WHEREOF, the undersigned executes this Irrevodable Consent on this 23 day of May 1991. WIThESSES; SOUTHERN MANAGEj4fl4!f CORPORRTI0N STATE OF FLORIDA) COUNTY 0F62tth7I &~d-j Dy: Its../t resident BEFORE ME, personally appeared GEORGE,i~t ROYAL, as Presidentfrt<~_. of SOUTHERN MARAXEMENT CORPORATION to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he, as President of SOUTHERN MANAGEMENT CORPORATION, executed said instrument for the purposes therein expressed, and in behalf of SOUTHERN MANAGEMENT CORP ORATION. WITNESS my hand and official seal thi S day of May, 1991, My Commission Expires: - NOTARY PUWC; STATE OP PLO~1IDA AT LARG. MY COMmISSION EXPIRES MARCH 19, 1994 LCJNDEO TFIRU ASHTON AGENCY, INC~ 0 AflY PUBLIC {Sea ce\utilitle\oonsunt. irr 3
EXHIBIT ha~ Description of part of the northwest 1/4 of SectIon 3, township 51 South, Pang. 26 East, Parcel A (Globe 011 Parcel) Collier County, tioride All that pert of the northwest 1/4 of Section 3, township 51 South, Ping. 26 Lilt, Collier County1 florida being sore particularly described a tollow á; cotisencing at the northweat:corner of said Section 3~ thenc. along the north line of paid Section 3, South e~ 3o n Last 2241.19 feet to the westerly right of why line of Stat. Road p51, (Eel. of Cepri Road)g ttience along said right of way line, South 35 40 39 West,98.50 feet to the northeast corner of that land described in 0.R. Book 124, page 459, Collier County Public Records, Collier County, Florida; thence leavinq aid right at vay,lin., and along thi north line of said land, North 54 20..24~ West. 220.00 feet to the northwest corner of said lend; thence leaving said corner, North 54 20 24 West 45,00 feet to the POINT Of ItOENNING of the Parcel II. herein described; thence South 35 ~-40 39 welt 220.00 test to the northerly right of way line of U.S. 41 (Taaiaai Trail); thence along aid right of way line, North 54 20 24 West 200.00 feet1 thence leaving said right of way lini, North 3S ~40 39 East 275.00 feet; thence South 54 20 ~4 tast200.00 feet; thence Bouth 35e..401_39t West 55.00 feet to the Point of Beginning of the Parcel A herein described; being apart of the northwest 1/4 of Section 3, Township 51 South, Pange 2~ East, coltt.r County, Florida; subject to ealebente and reetrictione of record1 containing 1.26 acres of land sore or Ia:;.
SPAWE OF FLORIDA COUNTY OF COLLIER AFFIDAVIT AND HOLD HARMLESS AGREEMENT BEFORE NE, the undesigned authority, personally appeared John J. Agnelli, as President of Lely Development Corporation, who being by me first duly sworn on oath states: 1. That Affiant was the petitioner for the creation of the IJELY COMMUNITY DEVELOPMENT DISTRICT which was established by Rule 42K-l, Florida Administrative Code, Rules and Regulations of the Land and Water Adjudicatory Commission, with an effective date of January 10, 1991. - 2. That this Affidavit and Hold Harmless Agreement is given for the express purpose of inducing and in consideration of SOUTHERN MANAGEMENT CORPORATION executing certain documents effecting said District boundaries, to wit: an IRREVOCABLE CONSENT TO HAVE LANDS EXCLUDED FROM THE JURISDICTION AND BOUNDARIES OF THE LELY COMMUNITY DEVELOPMENT DISTRICT and AFFIRMATION OF CONSENT TO ESTABLISHMENT OF LELY COMMUNITY DEVELOPMENT DISTRICT; the Affiant well knowing that this AFFIDAVIT AND HOLD HARMLESS AGREEMENT is being relied upon by SOUTHERN MANAGEMENT CORPORATION. 3. The undersigned in behalf of LELY DEVELOPMENT CORPORATION does hereby further agree to indemnify and hold harmless SOUTHERN MANAGEMENT CORPORATION from any and all costs including but not limited to, costs and assessments, operation and maintenance, Community Development District assessments etc. occasioned by the inclusion of real property owned by SOUTHERN MANAGEMENT CORPORATION within the District boundaries, and the costs to remove the same therefrom, including petitioning costs, filing fees, hearing costs, and any other costs associated with and/or attributable either directly and/or indirectly to the real property of said SOUTHERN MANAGEMENT CORPORATION, being removed from the above-referenced District boundaries. 4. The undersigned hereby further agrees to indemnify and hold harmless SOUTHERN MANAGEMENT CORPORATION from any and all liabilities and expenses resulting from the reliance of SOUTHERN MANAGEMENT CORPORATION on the representations made in this instrument. IN WITNESS WHEREOF, the undersigned executes this Affirifration of Consent to Establisimient of the Lely Community Development Distri~t.on this 1.6 day o~may 1991. LELY DEVELOPMENT C2RPORI%!p ION ByCJ4~La /John J~~tAg5)f111i, President STh!PE OF FLORIDA ) / V ) COUN!L Y OF COLLIER BEFORE NE, personally appeared JOHN S. AGNELLI, as President of LETS DEVELOPMENT CORPORATION to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he, as President of I.Efl DEVELOPMENT CORPORATION executed said instrument for the purposes therein expressed, and in behalf of LELY DEVELOPMENT CORPORATION. WITNESS my hand and official seal this /~day, 1991. My Comnu.ssion Expires: llo~ary ru~ ~t:b d. Mj toni is~cn ~ç:!r.:, 24, i~4 flirt. NOTARY PUB (Seal) a: \agreement\aff&soia scu