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§26

ORDINANCE 03-004

AN ORDINANCE AMENDING CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST, LUCIE COUNTY, FLORIDA; ESTABLISHING THE WESTCHESTER COMMUNITY DEVELOPMENT DISTRICT NO. 6; ESTABLISHING THE BOUNDARIES OF THE DISTRICT; DESIGNATING THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS OF THE DISTRICT; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND SETTING FORTH THE VOTE ON ADOPTION.

WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations:

The Board is authorized, pursuant to Sections 125.01 and 190.005, Florida Statutes, to establish community development districts that are less than 1,000 acres in size and located within the unincorporated areas of the County.

Horizons St. Lucie Development, LLC, a Florida limited liability company, has filed with the Board a petition for the establishment of a community development district, which petition contains the information required by Section 190.005(I)(a), Florida Statutes.

Inaccordance with Section 190.005(I)(d) and 2(b), Florida Statutes, the Board held apublic

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hearing on February 4, 2003, after publishing notice of such hearing in the Ft. Pierce Tribune and the Port St. Lucie News on January 7, January 14, January 21 and January 28, 2003
31	and:
32
33	(a)	The Board has considered the record of the public hearing and the factors set forth

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in Section 190.005 (I) (e), Florida Statutes, and has found that:

All statements contained within the petition are true and correct;

The creation of this district is consistent with all applicable elements andportions of the state comprehensive plan and the effective local government comprehensive plan;

Ordinance 03-004	Page 1
Final	Print Date: 02/04/03

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(d)	The area of land within the proposed district is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional
interrelated community;
4
(e)	The district is the best alternative available for delivering the community development
services and facilities to the area that will be served by the district;
7
(f)	the community development services and facilities for the district will be compatible
with the capacity anduses of the existing local and regional community development
services and facilities; and,
11
(g)	The area that will be served by the district is amenable to separate special district
· government.
14
15
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, Florida:
18
19
PART A.	ARTICLE XII OF CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE
CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS AMENDED TO
READ:
23
24	ARTICLE XII "WESTCHESTER COMMUNITY DEVELOPMENT DISTRICT NO. 6" :
25
26	Seetio1, 1 6.5 130	1.6.5 139	[reser,,edj
27
28	Section 1-6.5-130.	Established: name

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The  Westchester  Community Development  District No. 6 is hereby established.	j5

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31
32	Section 1-6.5-131.	Boundaries
33
The boundaries of the Westchester Community Development District No. 6 are as set forth in the
legal description below.
36
37	WESTCHESTER CDD No. 6 - LEGAL DESCRIPTION
38
A parcel of land lying in Section 16 &.17, Township 37 South, Range 39 East. St. Lucie
County. Florida. more particularly described as follows:
41
Commence at the intersection of the centerline of Gatlin Boulevard /also being the North line
of Section 15) and the westerly limits of Gatlin Boulevard Right-of-Way and the westerly limits
of those lands described in an Order of Taking, dated July 24. 1979 and recorded in Official
Record Book 311 at Pages 2946 through 2952. inclusive. Public Records of St. Lucie County,

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Ordinance 03-004
Final

Page 2 Print Date: 02/04/03

Florida, and as shown on the Florida Department of Transportation Right-of-Way maps to[
State Road #9 (1-95). Section 94001-2412, dated 6/2/77, with last revision of 9/11179: thenc,!.
South 89°57'05" West, along the proposed centerline of said Gatlin Boulevard, a distance o[
3115.39 feet: thence South 07°46'65" East, a distance of 80.74 feet to the Point of Beginning
said point also being the beginning of a non tangent curve concave to the Northeast. having'
a radius of 300.00 feet, the chord of which bears South 27°21'38" East: thence Southeaster/ y
along the arc of said curve. through a central angle of 39°09'25",  a distance of 205.03 feet  to
a point of reverse curvature with a curve concave to the Southwest, having a radius of 175.00
feet: thence Southeasterly and Southerly along the arc of said curve through a central angle
of 54°37'24", a distance of 166.84 feet: thence South 00°02'55" East, a distance of 3289.95
feet to a point, said point being on the North line of those lands as described in Officia!
Records Book 477, Page 560 of the public records of St. Lucie County, Florida: thence North
89°50"39" West along said line, a distance of 4755.06 feet: thence departing said line. North
08°49'46" East, a distance of 124.06 feet: thence North 20°28'22" West, a distance of 365.30
feet: thence North 44°00'02" East, a distance of 365.37 feet: thence North 11°14'16" East, a
distance of 517.94 feet: thence North 54°00'59" East, a distance of 148.44 feet: thence North
34°57'21" East, a distance of 520.57 feet to the beginning of a curve concave to the
Southwest, having a radius of 165.00 feet: thence Northeasterly, Northwesterly and
Southwesterly along the arc of said curve, through a central angle of 179°19'39", a distance
of 516.43 feet: thence South 35°37'43" West, a distance of 696.32 feet: thence North
50°43'10" West, a distance of 506.72 feet: thence North 60°18'28" West, a distance of 256.66
feet: thence North 81°51'17" West, a distance of 34.78 feet: thence North 00°28'33" East, a
distance of 465.08 feet: thence North 35°54'36" East, a distance of 835.33 feet to the
beginning of a curve concave to the Southeast, having a radius of 1480.00 feet: thence
Northeasterly along the arc of said curve. through a central angle of 54°02'28",a distance of
1395.93 feet: thence North 89°57'05" East, a distance of 4077.51 feet to the Point of Beginning.
27
28	Containing 434.14 acres. more or less.
29
30	Section 1-6.5-132.	Initial Board of Supervisors.
31
The following five persons are designated as the initial members of the Board of Supervisors of the
Westchester Community Development District No. 6: Paul J. Hegener, James L. Zboril, James H.
Anderson, Jane Rowley and Donald C. Petersen.
35
36	Section 1-6.5-133.	Special Conditions.
37
The following special conditions shall apply to thecreation, operation, and existence of Westchester
Community Development District No. 6:
40
L	The powers and responsibilities of the Westchester Community Development District No. 6
shall be limited to the following:
43
To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip,
operate, and maintain systems, facilities, and basic infrastructures for the following:
46
47	fill	Water management and control for the lands within the district and to connect some

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Ordinance 03*004 Final

Page3 Print Date: 02/04/03

1	or any of such facilities with roads and bridges:
2
M	Water supply, sewer, and wastewater management, reclamation, and reuse or any

5

combination thereof, and to construct and operate connecting intercepting or outle! sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along
and  under  any street,  alley, highway,  or other public place  or  ways,  and  to dispose  o!'
any effluent, residue, or other byproducts of such system or sewer system;
8

'

9	{9l	Bridges or culverts that may be needed across any drain, ditch, canal, floodway
holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over
levees and embankments, and to construct any and all of such works and
improvements across, through, or over any public right-of-way, highway, grade, fill, or
cut:
14

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District roads equal to or exceeding the specifications of the county in which
such district roads are located, and street lights.

Buses, trolleys, transit shelters, ridesharing facilities and services, parking improvements, and related signage;

.(tl_	Investigation and remediation costs associated with the cleanup of actual or perceived
environmental contamination within the district Under the supervision or direction of a
competent governmental authority unless the covered costs benefit any person who
is a landowner within the district and who caused or contributed to the contamination·
25
_ill_	Conservation areas, mitigation areas, and wildlife habitat. including the maintenance
of any plant or animal species, and any related interest in real or personal property;
28
29	.(g)_	parks and facilities for indoor and outdoor recreational, cultural and educational uses;
30
.(bl_	fire prevention and control, including water mains and plugs, /but excluding fire
stations, fire trucks and other vehicles and equipment);
33
.ill_	school buildings and related structures, which may be leased, sold or donated to the
school district, for use in the educational system, when authorized by the district school
board: and,
37
ill.	security, including, but riot limited to, guardhouses, fences and gates. electronic
intrusion detection systems, and patrol cars, when authorized by proper governmental
agencies: except that the District may not exercise any police power, but may contract
with the appropriate local general-purpose government agencies for an increased level
of such services within the District boundaries.
43
The Commission further consents to provide the District of the right and power of eminent
domain, pursuant to Chapter 73, Florida Statutes and Chapter 74, Florida Statutes, over any
propertv outside the boundaries of the District and within the unincorporated areas of the
County /except municipal, county, state and federal property) for the uses and purposes of the

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Ordinance 03-004
Final

Page 4 Print Date: 02/04/03

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District relating solely to water, sewer, District roads, and water management, specifically including, without limitation, the power of eminent domain for the taking of easements for thl drainage of the land of one person over and through the land of another; provided, however[,,
that the District shall exercise the eminent domain power only if for uses and purpose§ contemplated   by,   consistent   with   or   in   furtherance   of   the   requirements   of   approvedg_ development permits or development orders relating to the real property within the District.

The foregoing powers shall be in addition, and supplemental, to the powers which the Distric! is entitled to exercise pursuant to Chapter 190, Florida Statutes.

The district will use its best efforts to develop in an integrated fashion the traffic circulation water, and sewer facilities on the district property as one functional interrelated community.

The district shall take no action which is inconsistent with the comprehensive plan, ordinances or regulations of St. Lucie County.

No publicly owned property that may be located or acquired within the legal description of this Community Development District shall be assessed for, or obligated in any way to pay for the infrastructure constructed, maintained, or operated by the Community Development Described in section 1.6-5.131 above.

The district shall take affirmative steps to provide for the full disclosure of information relating to the public financing and maintenance of improvements to real property undertaken by the district. Such information shall be made available to all existing residents, and to all prospective residents, of the district. The district shall furnish each developer of a residential development within the district with sufficient copies of that information to provide each prospective initial purchaser of property in that development with a copy, and any developer of a residential development within the district, when required by law to provide a public offering statement, shall include a copy of such information relating to the public financing and maintenance of improvements in the public offering statement.

Following the establishment of the Westchester COD No. 6, as provided for in Sections 1-6.5- 130 and 1-6.5-131 above, each contract for the initial sale of a parcel of real property and each contract for the initial sale of a residential unit within the district shall include, immediately prior to the space reserved in the contract for the signature of the purchaser, the following disclosure statement in boldfaced and conspicuous type which is larger than the type in the remaining text of thecontract: "THE /Name of District) COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVYTAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE INADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."

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Ordinance 03 004
Final

Page 5 Print Date: 02/04/03

1
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3
4
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6	PART B.
7

***********************************

CONFLICTING PROVISIONS.

Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County,
County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are
hereby superseded by this ordinance to the extent of such conflict.
11
12
13	PART C.	SEVERABILITY.
14
If any portion of this ordinance is for any reason held or declared to be unconstitutional,inoperative,
or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or
any provision thereof shall be heldto be inapplicable'to anyperson, property, or circumstance, such
holding shall not affect its applicability to any other person, property, or circumstance.
19
20

21	PART D.
22

APPLICABILITY OF ORDINANCE.

23	This ordinance shall be applicable throughout St. Lucie County's jurisdiction.
24
25

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26	PART E.
27

FILING WITH THE DEPARTMENT OF STATE.

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The Clerk be and is hereby directed forthwith to senda certifiedcopy of this ordinance to the Bureau
of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 323041
30
31

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32	PART F.
33

EFFECTIVE DATE.

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34	This ordinance shall take effect upon filing with the Department of State.
35
36
37	PARTG.	ADOPTION.
38
39	After motion and second, the vote on this ordinance was as follows:
40

41	Chairman Cliff Barnes
42
43	Vice-Chairman Paula A. Lewis
44

AYE AYE

Ordinance 03-004
Final

Page 6 Print Date: 02/04/03

OR BOOK 1660 PAGE 989

1	Commissioner Doug Coward	AYE 2
3	Commissioner  John D. Bruhn	AYE
4
5	Commissioner Frannie Hutchinson	AYE
6
7
8	PART H.	CODIFICATION.
9
Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code,
and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the
sections of this ordinance may be re-numbered or re-lettered to accomplish such intention;
provided, however, that Parts B through H shall not be codified.
14
15
16	PASSED AND DULY ADOPTED This 4th Day of February 2003.

18

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BOARD OF COUNTY COMMISSIONERS	/?_Y;,,}:§i:t+•"''

ST. LUCIE COUNTY, FLORIDA .,tf··' , ,f,,·'/,fJ d:-ili,.,
21
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24	BY	'/"/	.•   -:-L/·7,;i  --._,.,y.,..,:,.

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ATTEST:

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45	OR03-004(h)

Ordinance 03-004
Final

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Page 7 Print Date: 02/04/03

1

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5	Exhibit A
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9	Map of Westchester Community
10	Development	District #6
11

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Ordinance 03-004 Final

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brVISION'S OF FLORIDA DEPAnTtvtENT OP' S'l'A'T
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Ms. Millie Delgado Deputy Cle:i:k
St. Lucie County 2300 Virginia Avenoe
Ft: Pierce, Florida 34982

Dear Ms. Delgndo:

March 31, ;1-003

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Pursuant to the provisions of Section 125.<.16. Florida Statutes, this will acknowled.ge receipt of yo1,1r letter dated March 19, 2003 and certifiQd copy of St: Lucie County Ordinance No. 03-004, which was filed in this office cin March 27, 2003.

Sincerely,

Liz Cloud, Chi.ef
Bureau of Administrat.ive Code

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EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE# 2923658 OR BOOK 2651 PAGE 1, Recorded 09/07/2006 at 11:00 AM

{CDD No.6)

ORDINANCE  NO. 06-038

AN

BOARD OF

WHEREAS, the Board of County Commissioners ot"St. Lucic County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following detenninations:

I.

Pursuant to Section 190.046(1) of the Act, the Board of Supervisors of the District
has submitted a petition (the "Petition") to the County requesting that the boundaries of the District be contracted and contemporaneously expanded, so that thereafter approximately 446.92 l acres of real property will be located within the external boundaries of boundaries of the District. The Petition also requests the change of the District's name to ''Tradition Community Development DisUict No. 6" to be consistent with the name of thecommunity within the boundaries of the District. The Petilion further requests that the county amend the Ordinance to reflect the revised boundaries of the District and the changed name of the District.

The County has conducted a public hearing on the Petition in accordance with the re9Uirerrrnnts ction 19_9.-G946tBQ:l) and ha _,ronsidcred thzrecord,,of the g_ub!ic hearing and FTJ/.1353033:2		()	D

OR BOOK 2651 PAGE	2

the factors set forth in Section 190.005(1)(e) of the Act, among other factors, and hereby finds that:
All statements in the Petition have been found to be true and correct;

0

The District is the best alternative available for delivering community development services and facilities to the area that wil1 be served by the District;

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 following expansion of the District's boundaries is amenable to separate special district government.
'i'he ity h ubmitted to"t.Qe Cm/ ty a resolution cOJ\senQng to t
he  herjountef,	\	7
The Co nty/now desires t gr nt thel Pet me;{ding the\Ord'ina sqction 1-6.5 of the Co e of Ordinances o1the)Countf, as more ful,l,y,iet forth herel\}..
,	NOW '!JIE!Pl E IT,ORD,,\INED
, Lucieeounty, F)brida:
PART A.	GRANT OF PETITION; AMENDMENT TO ORDINANCE TO ESTABLISH NEW EXTERNAL BOUNDARIBS OF THE DISTRICT AND CHANGE

6;

2	D

NAME OF DISTRICT. The County hereby grants the Petition. Part  A  of  the  Ordinance  is hereby amended to expand the external boundaries of the District by deleting Exhibit A to the Amending Ordinance in its entirety and replacing it with Exhibit A attached hereto. Accordingly, Section 1-6.5 of the Code of  Ordinances  of the County establishing  the boundaries  of the District is hereby amended so that references therein to  Exhibit  "A"  shall  mean  Exhibit  A  attached hereto. The portion of Part A of the Original Ordinance establishing the name of the District and accordingly, Section 1-6.5-80 of the Code of Ordinances, is hereby  amended  to  delete  the reference therein to "Westchester Community Development District No. 6" and replace such refere_JJCe----w.itl(J-n!,dition Co velopmen) District No The rdin n.cl_ FTL;.(353033:2	() 

OR BOOK 2651 PAGE 3

the Amended Ordinance and accordingly all references in Sections 1-6.5-80 through 1-6.5-83 of the Code of Ordinances are hereby amended so that all other references therein to "Westchester Community Development District No. 6" shall be deemed to be replaced by references to ''Tradition Community Development District No. 6."

or

PARTD.	APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction.

PARTE.	FILING WITH THE DEPARTMENT OF STATE. The Clerk be and
is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capital, Tallahassee, Florida, 32304.

his orllin.anceul

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AYE AYE AYE AYE

PARTF.	EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State.

l:1,853033:2	()	D

OR BOOK	2651	PAGE	4

PASSED AND DULY ADOPTED this i<;-1/ray of )/u'ifrnf, 2006.
BOARD OF COUNTY COMMISSIONERS

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ST. LUCIB COUNTY, FLORIDA	,..

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OR BOOK 2651	PAGE	5

EXHIBIT A

EXTERNAL BOUNDARIES OF THE DISTRICT

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L:1%°3033:2	(-) -l	D

OR  BOOK 2651 PAGE	6

(I.I ARCADIS LNW
Lawson, Noble  &  Webb, Inc.
ENOINEER8  •  PLANNERS  • SURVEYORS
590 NW Peacocll Blvd, Sulle 9. Port St. Lucia, fl 34986 (772) B78•1700• fax: (772) 67B-1802• Wab: www.fnw-!nc.com
West Palm Beach • Port St. Lucie • Orlando • Vero Beach
EB  8482  I LB 8874
DESCRIPTION TO ACCOMP.ANY SKETCH

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SEE SHEtTS

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OR BOOK 2651 PAGE	7

Lawson, Noble  &  Webb, Inc.
ENGINEERS  • PLANNERS  • SURVEYORS
590 NW PeaC-Ock Blvd, Suite 9,Port SI. Lucie, FL 34986
(772) 878•1700 • fax: (772) 878•1802• Web: www.!nw·inc.com
West Palm Beach • Port St. Lucie • Orlando • Vero Beach
EB  8<412  I 1:8 74
DESCRIPT.ION TO ACCOMPANY SKETCH

ARCADIS LNW

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OR BOOK 2651 PAGE 8

ARCADIS LNW
Lawson, Noble  &  Webb, Inc.
ENOINEER8 • PLANNER8. • 8URVEYOR8
590 NW P11.icock Blvd, Suite 9, Porl St. Lucie, FL 34986
(772) 878-1700• fux: (772) 878•1002• Web: www.lnw•lnc.com
West Palm Beach • Port St. Lucie • Orlando • Vero Baaoh
EB 8432 /  U1 0074

CONTAINING 446.921 ACRES, MORE OR LESS.

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SEE SHE TS
JOB No, j35B'

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OR BOOK 2651 PAGE 9

ARCADIS LNW
Lawson, Noble  &  Webb, Inc.
ENGINEER& • PLANNERS • 8URVEVOR8
590NW Peacock Blvd, Suite 9, Port SI. Lucie, FL 34986 (772) 878-1700• fax:(772) 878-1802• Web: www.lnw-lnc.com
Weal Palm Beach •·Port St. Lucie • Orlando • Vero Beach
E8  8432 /  L8 907-4

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OR BOOK 2651 PAGE	10

fQ ARCADIS LNW
Lawson,  Noble  &  Webb, Inc.
ENBIN ER8  • PLANNERS  • SURVEYORS
590 NW Peacock Blvd, Suila 9, Port SI. Lucia, FL 3 986
(TT2) 878-1700• fa : (772)878-1802• Web:www.lnw-!nc.com
West Pekn Beach • Port St. Lucie,    Orlando  • Vero Beach
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SEE SHEETt 1, JOB No. 8$89

OR BOOK 2651 PAGE	11

EXHIBITD

PROPOSED TIMELINE

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L 14_9$661:2	()	D

OR BOOK 2651 PAGE 12

Estimated Timeline

Day 1	Submit petitions to amend boundaries of Westchester CDD Nos. 1-6 to County; submit petition seeking creation of five new Tradition districts and four new Southern Grove districts (the "New Districts") to City; request City to approve

ay

m dments to	of Westc1J_ester CDD No 1-6

Day 18

Day 31

Day 33

County puts consideration of petitions amending boundaries of Westchester CDD Nos. 1-6 on agenda

County enacts ordinances amending boundaries and names of Westchester COD Nos, 1-6

City holds public hearings and enacts ordinances establishing New Districts

 	

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