City of Winter Haven, Florida
CERTIFIED TO BE A TRUE COPY

Signed:    -1-W-����--�"""""'.L--.­
Date:  --u+�.µ....:.K--------

ORDINANCE NO. 0-18-70
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY  OF WINTER HAVEN, FLORIDA, ESTABLISHING THE VILLAMAR COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES; 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  NOTICE  OF REQUIREMENTS; PROVIDING A SEVERABILITY CLAUSE; AND FOR THE ADMINSTRATIVE CORRECTION OF SCRIVENER'S  ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. (General Location: The
area covered by this request is generally located north and south of Cunningham Road, southwest of Lake Cunningham (aka Crystal  Lake). The area covered by this request is 153.65± acres.)

WHEREAS, Paint Creek, LLC (Petitioner), having obtained written consent to the establishment of the VillaMar Community Development District (The District)  by owners of one-hundred percent (100%) of the real property to be included in the District, petitioned by the City Commission (Commission) of Winter Haven, Florida, to adopt an ordinance establishing the District pursuant to Chapter 190, Florida Statutes; and

WHEREAS, the petitioner is a Florida limited liability company authorized to conduct business in the State of Florida with a mailing address of 346 East Central Avenue, Winter Haven, FL 33880; 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 Commission on November 13, 2018; and,

WHEREAS, upon consideration of the record established at that hearing, the Commission determined that the statements within the Petition are true and correct; that the establishment of the District is not inconsistent with any applicable  element  or portion of the state comprehensive plan or the City's comprehensive plan; that the land within the District is of sufficient size; is sufficiently compact and  is  sufficiently contiguous to be developable as a  functionally interrelated community;  that  the  District is the best alternative available for delivering community development services and facilities to the area that will be served by the District; that 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 that the area that
will be served by the District is amenable to separate special-district governance; and,	79

WHEREAS, the establishment of the District shall not act to amend any land development approvals and/or regulations governing the land area to be included within the District; and

WHEREAS, the 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.

NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF WINTER HAVEN, FLORIDA, AS FOLLOWS:

Authority. This ordinance is adopted in compliance with and pursuant to the Uniform Community Development District Act of 1980 codified in Chapter 190, Florida Statutes. Nothing contained herein shall constitute an amendment to any land development approvals for the land area included within the District.

District Name. There is hereby established a community development district situated entirely within a portion of the City of Winter Haven, Florida, which shall be known as the "VillaMar Community Development District," and which shall be referred to in this ordinance as the "District."

District External Boundaries. The external boundaries of the District are described in Exhibit "A" attached hereto, said boundaries encompassing 153.65 acres, more or less.

District Powers and Functions. The VillaMar Community Development District shall have all those general powers granted pursuant to Section 190.011, and those special powers granted pursuant to Section 190.012(2)(a) and (d), Florida Statutes. Consent is hereby given to the District to exercise those powers relating to Parks and facilities for indoor and outdoor recreational, cultural, and educational uses contained in Section 190.012(2)(a) and security, including, but not limited to, guardhouses, fences and gates, and electronic detection systems, when authorized by proper government agencies as set forth in Section 190.012(2)(d), Florida Statutes. Notwithstanding the foregoing, the adoption and passage of this Ordinance approving the Petition for the establishment of a Community Development District shall not be construed to delegate, authorize, or in any way consent to the Community Development District (District) established hereunder to engage in the ownership and operation of a water and/or
wastewater facility(s) which would allow the District to engage in the wholesale or	80

retail sale of water, wastewater and/or reuse water services, or provide garbage services and/or any other municipal services absent the express written consent and/or agreement of the City.

Termination of District. In the event that the Community Development District established hereunder is terminated for any reason, the City shall in no way be required to accept ownership and/or maintenance responsibility for the road rights of way, stormwater management and drainage systems, and street lighting that are necessary for the development in the District without the City's express written consent. In the event of termination, the District shall be responsible for ensuring the transfer of such ownership and maintenance responsibilities to an appropriate entity other than the City as authorized by law.

Board of Supervisors. The five persons designated to serve as initial members of the District's Board of Supervisors are: Warren K. (Rennie) Heath, Lauren Oakley Schwenk, Patrick Marone, Andrew Rhinehart, and D. Joel Adams.

Notice Requirements. The District shall provide public notice of all meetings pursuant to law.

Special Assessments. Non ad valorem special assessments, as defined in Chapter 190, Florida Statutes, shall only be levied by the District on those lands included within the District boundary, as such boundary may be amended, and in accordance with Chapter 190, Florida Statutes.

Severability. If any provision of this ordinance, or the application thereof, is finally determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be deemed severable and the remaining provisions shall continue 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.

The correction of typographical and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or designee, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk.

This ordinance shall not be codified, but the City Clerk shall retain this ordinance as a permanent record of action taken by the City Commission.
All ordinances in conflict herewith are hereby repealed.	81

This ordinance shall take effect immediately upon passage at second reading.

INTRODUCED on first reading this   13th   day of	November , 2018. PASSED on second reading this t5l&·h, day of N ovunbe,( , 2018.

ORIDA

Approved as to form:

CITY ATTORNEY

82

Exhibit "A" Page 1 of 3

VILLAMAR
COMMUNITY DEVELOPMENT DISTRICT

PARCEL l (262922-000000-012010), Parcel 2 (262923-000000-032010), Parcel 3 (262923-000000-031010) THAT PART OF SECTIONS 22 AND 23, TOWNSHIP 29 SOUTH, RANGE 26 EAST, POLK COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS·
BEGIN AT THE SOUTH EAST CORNER OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 23; THENCE N-00°44'39"-W, ALONG THE WEST BOUN DARY THEREOF, A DISTANCE OF 662.14 FEET TO THE NORTH BOU NDARY OF THE SOUTH ¼ OF THE NOR fHEAST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 23; THENCE N-89.32'55"-E, ALONG THE NORTH BOUN DARY THEREOF A DISTANCE OF 1307.27 FEET TO
THE WEST LINE OF THE EAST 15.00 FEET OF SAID SOUTH ½ OF THE NORTH EAST ¼ or THE NORTHWEST ¼; THE NCE S-00•45'04"-E, ALONG SAID WEST LI NE, A DISTANCE OF 664.06 FFET TO THE SOUTH LINE OF
THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 23; THENCE S-89.37' 57"-W, ALONG SAI D SOUTH LINE A DISTANCE OF 4.00 FEET TO THE NORTHWEST CORNER OF "SUNDANCE RANCH ESTATES" AS RECORDED IN PLAT BOOK 77, PAG E 28 OF THE PUBLIC RECORDS OF POLK COUNTY, FLORIDA; THE NCE s-oo·os'S9"-W, ALU NG I Ht WtS I BUU NOAKY OF SAID "SUNDANCE RANCH ESTATES', 678.40 FEET TO THE NORTH BOUNDARY OF LOT 13 OF SAID, "SUNDANCE RANCH ESTATES"; THENCE
S-89.54' 11"-W, ALONG THE NORTH BOU N DARY OF SAID "SUNDANCE RANCH ESTATES" AND THE NORTH l:IOUNUAKY 01- "SU NUANCt RANCH l:S IAI tS PHASt IWO" AS RtCOKUl:U IN PLA I tlOOK 80, PAGt 4 /, A DISTANCE OF 1305.26 FE ET; THENCE CONTI NUE WESTERLY ALONG THE NORTH BOUNDARY OF SAID "SUNDANCE RANCH ESTATES PHASE TWO" THE FOLLOWING FOUR (4) COURSES: 1) S-30°21'23"-W, 129.09 FEET; TH ENCE 2) 5 00"03'19"-E, 596.81 FEET; THENCE 3) S-89"50'21" W, 1447.79 FEET; THENCE 
4) S-53"01 '53"-W, 163.42 FE ET TO THE EAST RIG HT·OF-WAY LINE OF THE CSX TRANSPORTATION RAILROAD; THENCE N-36.58'07"-W, ALONG SAID EAST RIGHT-OF-WAY, A DISTANCE OF 1688.64 FEET TO THE WEST LINE OF TH E SOUTH EAST ¼ OF THE NORTHEAST ¼ OF THE AFOREMENTIONED SECTION 22; THENCE N-00•35' 04"-W, ALONG SAID WEST LINE 135.17 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 22; THENCE S-B9"38'05"-E, ALONG THE NORTH LINE THEREOF, A DISTANCE OF 1338.55 FET TO THE WEST BOU NDARY OF THE AFOREMENTIONED SECTION 23; THENCE N-89.41'51"-E, ALONG THE NORTH LINE OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 23, A DISTANCE OF 1325.08 FEET TO THE POINT O F BEGINNING. 
CONTAINING 110.13 ACRES, MORE OR LESS.

gennis

AND

THAT PORTION OF THE 60.00-FOOT-WIDE PLATTE D RIGHT-OF-WAY FOR CHERRY BLOSSOM LA NE AS SHOWN ON THE MAP OR PLAT OF "SUNDANCE RANCH ESTATES" AS RECORDED IN PLAT BOOK 77, PAGE 28, PU BLIC RECORDS OF POLK COUNTY, FLORI DA. DESCRI BFD AS:

BEGIN AT THE NORTHEAST CORNER OF THE SOUTH ½ OF THE NORTHWEST ¼ OF SECTION 23. TOWNSHIP 
29 SOUTH, RANGE 26 EAST, POLK COU NTY, FLORIDA. AND RUN THENCE ALONG THE NORTHERLY RIGHT-OF-WAY TH EREOF N-89.43'21"-E, 41.00 FEET TO THE NORTHEAST CO RNER THEREOF; THENCE ALONG THE EASTERLY RIGHT-OF-WAY THEREOF s-oo·os•12"-E, 60.48 FEET; THENCE DEPART ING SAID
EASTERLY RIG HT-OF-WAY S-89'23'59"-W, 60.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAiD CH ERRY BLOSSOM LANE; THE NCE ALONG SAID WESTERLY RIGHT-OF-WAY N-oo·os'l2"-W, 61.01 FEET TO THE NORTHWEST CORNER THEREOF; THENCE ALONG THE NORTHERLY RIGHT-OF-WAY THEREOF
5-89.40' 31"-E, 19.00 FEHTO IHE POINT OF BEGINNING.

CONTAINING 3,641 SQUAHE f le t I, MORE OR LESS.

OFFICE. 1863/ 940-2040
FAX    (8631 940 2044

-
PAG E 1 OF 2

V:f.ood
E-ngin.eeringu.c

CELL: (863) 662·00 IB 

1925 BARTOW ROAD
LAKELAND, FL 3380 1

EXHIB IT 2 VILLAMA R CDD 

DENNIS WOOD, PROFESSiONAL ENGINEER
EMAIL: den niswoode ngineen ng@g rna il. corn

LEGA L DESCRIPTION 

83

PARCEL 4 (262923-000000-013030)
THAT PART OF SECTION 23, TOWNSHIP 29 SOUTH, RANGE 26 EAST, POLK COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF THE SOUTH ½ OF THE NORTHWEST ¼ OF THE NORTH EAST ¼ OF SAIO SEC HON 23; TH ENCE N-89°33'25"-E, ALONG THE NORTH LINE OF SAID SOUTH ½ A DISTANCE OF 1321.03 FEET TO THE NORTHEAST CORNER OF SAID SOUTH ½; THENCE S-00°35'32" -E, ALONG THE EAST LINE THEREOF A DISTANCE OF 636.67 FEET TO THE NORTH RIGHT-OF-WAY OF CUNNINGHAM ROAD;
THENCE S-89"40' I1"-W, ALONG SAID NORTH RIGHT-OF-WAY, A DISTANCE OF 1319.27 FEET; THENCE N-00°45'04"-W, 634.08 FEET TO THE POINT OF BEGINNING . 
CONTAINING 19.26 ACRE S, MORE OR LESS.

AND
THE EAST 15 .00 FEET OF THE SOUTH ½ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 23, TOWNSHIP 29 SOUTH, RANG E 26 EAST, POLK COUNTY, FLORIDA.
CONTAINING 0.23 ACRES, MORE OR LESS. PARCEL 5 (262923-000000-013060)
THE SOUTHERLY 30.00 FEET THEREOF fOR ROAD RIGHT OF WAY OF THE SOUTH ½ OF THE NORTHW[ST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 23, TOWNSHIP 29 SOUTH, RANGE 26 EAST, POLK COUNTY, FLORIDA,

AND

THE NORTHE RLY 30.00 FEET THEREOF FOR ROAD RIGHT OF WAY OF THAT PART OF THE SOUTHWEST ¼ OF THE NORTHEAST
¼ OF SECTION 23, TOWNSHIP 29 SOUTH, RANGE 26 EAST, POLK COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS:

COMMENCE AT THE NORTHEAST CORNER OF THE SAID SOUTHWEST ¼ OF THE NORTHEAST ¼ FOR A POINT OF BEGINNING; THENCE RUN ALONG THE EA5 f �OUNDARY LINE OF SOUTHWEST ¼ OF THE NORTHEAST ¼ S- 00'36'01" ·E, A DISTANCE OF
632.69 FEET; THENCE RUN 5- 89"23'59"- W, A DISTANCE OF 604.86 FEET; THENCE RUN S- 00°36'01"-E, A DISTANCE OF
270.00 FEET; THENCE RUN S-89"54'14"-W, A DISTANCE OF 685.00 FEET; THENCE RUN N-oo·os'46"-W, A DISTANCE OF
901.57 FEET TO A POINT ON THE NORTH BOUNDARY LINE OF SAID SOUTHWEST ¼ OF NORTHEAST ¼; THENCE RUN ALONG SAID BOUNDARY LI NE NORTH 89°36'57"-E, A DISTANCE OF 1281.91 FEET TO THE SAID POINT OF BEGINNING . 
CONTAINING 1.79 ACRES, MORE OR LESS. PARCEL 6 (262923-000000-014010)
THAT PART OF SECTION 23, TOWNSHIP 29 SOUTH, RANGE 26 EAST, POLK COUNTY. FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTH EAST CORNER OF LOT 1, "SUNDANCE RANCH ESTATES" AS RECORDED IN PLAT BOOK 77, PAGE 28 OF THEPUBLIC RECORDS OF POLK COUNTY, FLORIDA: THENCE WESTERLY ALONG THE NORTHERLY BOUNDARY THEREOF THF FOLLOWING THREE (3) COURSES: 1) 5.g9•22'39"-W, G04.74 FE ET; TH ENCE 2) S-00°35'59"-E, 269.89 FEET; THENCE .J)
5.39•50'55"-W, 684 .91 FEET TO THE EASTERLY RIGHT-OF -WAY OF CHERRY BLOSSOM LANE AS DEPICTED ON THE
AFOREMENTIONED PLAT OF 
"SUNDANCE RANCH ESTATES"; THENCE N-oo·os'S7"·E, ALONG SAI D EAST RIGHT-OF-WAY, A DISTANCE OF 870.30 FEET TO THE SOUTH RIGHT•OF·WAY OF CUNNINGHAM ROAD; THENCE N-89°40' 1I"-E, ALONG SAID SOUTH RIGHT-OF-WAY A. DISTANCE OF 1278.58 FEET; THENCE 5-00°38'34"-E, ",99.45 FEET TO THE POINT OF BEGINNING . 
CONTAINING 21.93 ACRES, MOHE OR LESS.

�ennis

CDD TOTAL ACREAG E 153.65 +/·	PAGE 2 OF 2
OFFICE: 18631 940-2040
FAX (863) 940-2�4

VJ.ood ·. 'i.-'·
Engin.eering

CELL. (BG)) 662-0018
EXHIBIT 2
1925 BAHTOW ROAD

-	LLC LAKELAND. FL 3380 I

VILLAMA R CDD 

DENNIS WOOD. PROFESSIONAL ENGINEER
EMAIL: denniswood engi neering@grnail .com

LEGAL DESCRIPTION

84

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