POLK COUNTY ORDINANCE NO. 2021-. 023

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF POLK COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2020- 002, WHICH ESTABLISHED THE ASTON IA COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR AMENDMENT TO SECTION 5 OF THE ORDINANCE TO CHANGE THE GEOGRAPHICAL BOUNDARIES OF THE DISTRICT PURSUANT TO SECTION 190.046, FLORIDA STATUTES, BY ADDING 107.219 ACRES THERETO; PROVIDING FOR AMENDMENT TO ORDINANCE NUMBER 2020-002 TO AMEND EXHIBIT A OF SAID ORDINANCE TO PROVIDE FOR A NEW METES AND BOUNDS LEGAL DESCRIPTION OF THE DISTRICT; PROVIDING FOR ALL OTHER TERMS AND CONDITIONS TO REMAIN UNCHANGED; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, on January 7, 2020. the Board of County Commissioners of Polk County (the '"County Commission") pursuant to Section I 90.005(2)(a), Florida Statutes. adopted Ordinance No. 20:20-002. that established the Astonia Community Development District (''District"); and
WHEREAS, the County has received from the Board of Supervisors of the District, a '"Petition to Expand the Boundary of the Astonia Community Development District." dated February 11. 2021 ( the '"Petition''), which Petition is in compliance with the provisions of Section 190.046, Florida Sratutes; 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 ---'--A"""p'-'-n'-'-·1-=-6  	, 2021, pursuant to

Scclion 190.046( I )(b), 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 fo11h in Section 190.046( I )(b). 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:
( l)   The statements within the Petition are true and correct; and
The Petition is complete in that it meets the requirements of Section 190.046( I )(a),
Florida Statutes (2020); and
The appropriate County staff have reviewed the Petition of the District on the proposed lands to be included within the District and have advised the County Commission that said Petition is complete and sufficient; and
Amendment of the District boundaries and all land uses and services planned within the District, as amended are not inconsistent with applicable elements or portions of the adopted State Comprehensive Plan or the Polk County Comprehensive Plan; and
The area of land to be included 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, as amended, 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, as amended, will not be incompatible with the capacity and uses of existing local and regional community development services and facilities; and
The area that wi II be served by the District, as amended, 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 Expand the Boundary of the Astonia Community Development District; and

WHEREAS, the expansion 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
WHEREAS. the expansion 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 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 I. TITLE. This Ordinance shall be known and may be cited as the ;'Astonia
Community Development District Boundary Amendment 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 1980, Chapter 190, Florida Statutes.
SECTION 4. EXTERNAL BOUNDARIES OF THE DISTRICT. Section 5. External

Boundaries of the District Ordinance No. 2020-002, is hereby amended as described and as set forth in Exhibit ·'A., of this Ordinance, which is attached hereto and incorporated herein. Further, the District boundaries shall encompass approximately 267.15 acres, more or less.
SECTION 5.	LEGAL DESCRIPTION  OF THE  DISTRICT.	Exhibit "A'' of

Ordinance No. 2020-002 is hereby replaced in its entirety with a new Exhibit ;,A•·, which is attached hereto and incorporated herein, and which accurately depicts the external boundaries of the District.

SECTION 6. ALL OTHER CONDITIONS TO REMAIN UNCHANGED. All other

terms and conditions of Ordinance No. 2020-002 shall remain unchanged and enforceable in accordance with the terms expressed herein.
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 tiled with the Secretary of State.
DULY ADOPTED by the Polk County Board of County Commissioners with a quorum present and voting this clay or_A......,..p...r._.i....l _-'._2-'0 2 1.
BOARD OF COUNTY COMMISSIONERS OF POLK COUNTY, FLORIDA

ATTEST:
POLK COUNTY CLERK OF THE BOARD

EXHIBIT A- LEGAL DESCRIPTION

AMENDED DISTRICT LEGAL DESCRIPTION
BEGIN AT THE NW CORNER OF THE NE li4 OF THE NW 1/4 Of SECTION 22, TOWNSHIP 26 SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA; THENCE RUN N89'38'14"E ALONG THE NORTH LINE OF SAJD SECTION 22 A DISTANCE OF 708.93 FEET; THENCE so2·co•4s"E A DISTANCE OF 31.% FEET TO A CURVE TURNING TO THE lfFT WITH A DELTA ANGLE OF 28'43'45", WITH A RADrUS 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, SAID POINT ALSO BEING ON A CURVE TURNING TO THE LEFTW1TH A DEtTA ,!..NGlE OF 05'12'38", 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 CURVE AN ARC LENGTH OF 100.03 FEET; THENCE LEAVING SAID RIGHT OF WAY RUN S57'11'19"W A DISTANCE 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, 1Nl11i A CHORD BEARING OF S45'37'51"f., WITH A CHORD LENGTH Of 516.70 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 ROAD; THENCE RUN ALONG SA!D NORTH RIGHT Of WAY THE FOLLOWING 29 COURSES; 11 N86'53'43"W A DISTANCE Of 12.69 FEET; 2JTHENCE N87'23'02'\',' A DISTAJ.CE OF 65.40 FEET; 3)THENCE S87'44'53"W A DISTANCE OF 34.73 FEET; 4)THENCE S82'19'26"W A DISTANCE Of
41.07 FEET; 5)THENCE S73'10'25"W A DISTANCE Of 16.81 FEET; 6)THENCE S70'46'24"W A DISTANCE Of 24.09 FEET;
7)TH£NCE S70'28'5rW A DISTANCE Of 16.64 FEET; 8)THENCE S61'58'48"W A DISTANCE OF 36.62 FEET; 9)THENC£ S57'16'53'W A DISTANCE OF 63.50 FEET; lO)THENCE S46"20'51'W A DISTANCE OF 35.85 FEET; 11)THENCE S35'40'32'W A DISTANCE OF 14.37 FEET; 12)THENCE S35'36'06'W A DISTANCE Of 15.07 FEET; 13)1HENCE S29"16'16'W A DISTANCE OF
33.67 FEET; 14)THENCE S28'02'33"W A DISTANCE OF 100.08 FEET; 15)THl:NCE S29'35'32"vV A DISTANCE OF 41.20 FEET;
16)THENCE S37'51'45"W A DISTANCE OF 60.25 FEET; 17)THENCE S48'18'S3•W A DISTA.NC£ OF 16.90 FEET; lS)THENCf S56'17'2l"W A DISTANCE OF 18.08 FEET; 19JTHENCE S62"22'59'W A DISTANCE OF 10.29 FEET; 20)THENCE SS9'37' 17'W A DISTANCE OF 165.14 FEET; 2l)THENCE S00'24'07"E A DlSTANCE OF 17.27 FEET; 22)THENCE S89'49'44"W A DI.STANCE OF
51.17 FEET; 23)T'riENCE SS9'15'22"1N A DISTANCE OF 100.01 FEET; 24)THENCE S89"42'52"W A DISTANCE OF 100.00 FEET;
25}THENCE S89'25'40"W A DISTANCE OF 100.00 FE.ET; 26)THENC:E S89'18'4S"'N A DI.STANCE OF 100.00 FEET; 27)THENCE S89'35'59"W A DISTANCE OF 100.00 FEET; 28)THENCE S89'42'52"W A DI.STANCE OF 100.00 FEET; 29)THENCE S89'35'59"W
A DISTANCE OF 11.74 FEET; THENCE LEAVING SAID NORTii RIGHT OF WAY RUN S00"31'51"E A DISTANCE 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 TO THE SOUTH LINE
OF THE NW 1/4 OF THE SW 1/4 OF SAID SECTION 22; THENCE S89'31'59"W ALONG SAID SOUTH LINE A DISTANCE Of
663.35 FEET TO IBE WEST LINE OF SAID SECTION 22; THENCE RUN ALONG SAID WEST LINE THE FOLLOWING 3 COURSES; 11 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 THE 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 DISTANCt OF 1318.54 FEET TO THE WEST LINE OF
THE NE 1/4 OF THE NW 1/4 OF SAID SECTION 22; THENCE N00'20'51"W ALONG SAlD WEST LINE A DISTANCE OF 529.36 FEET RETURNING TO THE POINT OF BEGINNING, LESS MAINTAINED RIGHT OF WAY FOR LITTLE ZION ROAD.

AND

A PARCEL Of LAND LOCATED IN SECTION 15, TOWN.SHIP 26 SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA, BEING A PORTION OF THE LANDS Dt.SCRIBED IN OFFICIAL RECORDS BOOK 1346, PAGE 771, PUBLIC RECORDS OF POU:: COUNT( FLORIDA, BEING MORE PARTICULJ..RlY DES.CRIBED AS FOUOWS:
COMMENCE AT THE NORTHWEST CORNER OF SW 1/4 OF SP.ID SECTION tS; THENCE WITH THE NORTH LINE OF SW 1/4 Of SAID SECTION 15, N89.30'30"E, A DISTANCE OF 516.39 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE WITH THE
-		NORTH LINE OF SW 1/4 OF SAID SECTION 15, N89'30'30"E, A DISTANCE Of 1291.38 FEET TO THE SOUTHERLY MAINTAINED RIGHT-OF-WAY LINE OF BOWEN ROAD (PER MAP BOOK 3, PAGES 60-68); THENCE LEAVING SAID NORTH LINE OF SW 1/4
Of SAID SECTION 15, RUN 1.VITH SAID SOUTHERLY MAINTAINED RIGHT-OF-WAY LINE THE FOLLOWING TWENTY (20] COURSES:
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AMENDED DISTRICT LEGAL DESCRIPTION ASTONIA CDD
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AMENDED DISTRICT LEGAL DESCRIPTJON

{1) N89'42'11"E, A DISTANCE OF 2L42 FEET; (2) S82'16'47'E, A DISTANCE OF 54.70 FEET; {3) N87'32'02"E, A DISTMKE OF
100.04 FEET; (4) N89'49'31"E, A DISTANCE OF 100.01FEET; (5) N89'15'08"E, A DISTANCE OF 100.00 FEET; (6) NS8'06'24"E, A DISTANCE OF 100.02 FEET; (7) 589'36·07"E, A DI.STANCE OF 52.28 FEET; (8) S00'19'33"W, A DISTANCE OF 11.91FEET; {9) NSS'B'Ol"E, A DI.STANCE OF 53.31FEET; (10) NS9'50'0l"E, A DI.STANCE OF 234.97 FEET; (11) N89'38'12"E, A DISTANCE Of
111.35 FE.ET; {12) NS9'35'06'E, A DISTANCE OF 194.59 FEET; (13) N89'21'51"E, A DISTANCE OF 197.92 FEET; (14) N89'11'50"E, A DISTANCE OF 95.71 FEET; {15) N89'25'14'E, A DISTANCE OF 276.53 FEET; (16) S89'S4'44"E, A DISTMKE OF
105.69 FEET; (171 NS8'22'31"E, A DISTANCE OF 178.41 FEET; {18) NSS'04'43'E, A DISTANCE Of 49.78 FEET; (19) N89'12'03"E, A DISTANCE OF 103.74 FEET; (20) S88'47"42"E, A DISTANCE OF 0.99 FEET TO THE EAST LINE OF THE NW 1/4 Of THE SE 1/4 OF SAID SECTION 15; THENCE S00'16'24''E AlONG SAID EAST LINE, A DISTANCE OF 1315.97 FEET TO THE SOUTHEAST CORNER OF THE NW 1./4 OF THE SE i/4 OF SAID SECTION 15; THENCE S89'34'34"W ALONG THE SOUTH LINE OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 15, A DISTANCE OF 1314.94 FEET TO THE SOUTHWEST CORNER OF THE
N'll 1/4 OF THE SE 1/4 OF SAID SECTION 15; THENCE S00'14'll"E ALONG THE WEST LINE OF THE SW 1/4 Of THE SE 1/4, A DISTANCE OF 851.21 FEET; THENCE LEAVING SAID WEST LINE, ss9•43•3S"W, A DISTANCE OF 127.79 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF ERNIE CALDWELL BOULEVARD (VARIABLE-WIDTH RIGHT OF WAY PER OFFIC!Al
RECORDS BOOK 9308, PAGE 2093, PUBUC RECORDS OF POLK COUNTY, FLORIDA); THENCE WITH SAID NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING TWELVE (12) COURSES, (1) NORTHWESTERLY WITH THE ARC OF A NON-TANGENT CURVE TO THE LEFT (SAID CURVE HAI/ING A RADIUS OF 1115.00 FEET. A CENTRAL ANGLE OF 21'57'S9" AND A CHORD BEARING AND DISTANCE OF N19'05'13"W, 424.86 FEET) FOR AN ARC DISTANCE OF 427.47 FEET TO A POINT Of NON-TANGENCY; (2) SS9'55'48'W, A DISTANCE Of 5.00 FEET TO A TO A POINT OF NON-TANGENCY; (3) NORTHWESTERLY WITH THE ARC OF A NON-TANGENT CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 1110.00 FEET, A CENTRAL ANGLE OF 20'03'13" AND A CHORD BEARING AND DISTANCE OF N40'05'48"W, 386.52 FEET] FOR AN ARC DISTANCE OF
388.50 FEE'T TO A POINT OF NON-TANGENCY; (4] S39'52'36"W, A DISTANCE OF 20.00 FEET TO A TO A POINT OF NON-TANGENCY; (Si NORTHWESTERLY WITH THE ARC OF A NON-TANGENT CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 1090.00 FEET, A CENTRAL ANGLE OF 17'11'19" AND A CHORD BEARING AND DISTANCE OF NSS•43'04"W,
325.n FEET) FOR AN ARC DISTANCE OF 327.00 FEET TO A POINT OF NON-TANGENCY; (6) N22'41'17"£, A DISTANCE Of
10.00 FEET TO A TO A POINT OF NOr-.-TANGENCY; (7) NORTHWESTERLY WITH THE ARC Of A NON-TANGENT CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 1100.00 FEET, A CENTRAL ANGLE Of 22'59'56" AND A CHORD BEARING AND DISTANCE OF N78•4S'42"'N, 438.59 FEET) FOR AN ARC DISTANCE OF 441.55 FEET TO A POINT OF TANGENCY; {8) S89'41'20"W, A DISTANCE OF 68.60 FEET; {9) $00'18'4-0"E, A DISTA.NCE OF 10.00 FEET; (10) ,ss9•41•2o·w, A DISTANCE Of
480.00 FEET; (11) N00'18'4-0"V,', A DISTANCE OF 10.00 FEET; (12) S89'41'20"W, A DISTANCE OF 298.97 FEET; THENCE LEAVING SAlD NORTHERLY RIGHT-Of-WAY LINE, N00'19'00"W, A DISTANCE Of 351.4-0 FEET TO A POINT OF NON-TANGENCY; THENCE NORTHWESTERLY WITH THE ARC OF A NON-TANGENT CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 33'33'26" AND A CHORD BEARING ANO DISTANCE OF N17'05'23"W, 86.60 FEET} FOR AN ARC DISTANCE OF 87.85 FEET TO A POINT OF TANGENCY; THENCE N00'19'00"W, A DISTANCE OF 786.18 FEET TO THE POINT OF BEGINNING.

.-'>MENDED DISTRICT CONTAINS APPROXIMATELY 267.15 ACRES MORE OR LESS.

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AMENDED DfSTRICT LEGAL DESCRIPTION ASTONIA CDD

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PAGE 2 Of 2

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. 2021-23 adopted by the Board on April 6, 2021.

WITNESS my hand and official seal on this 6th day of April 2021.

STACY M. BUTTERFIELD, CLERK

. STATE OF FLORIDA DEPARTMENT OF STATE

I, LAIJRELM. iEE, Secretary of State of the State of Florida, do hereby certify that the above andJoregoing is -tq.1e)1.nd correct
-	-	--

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copy of Eo_lk County Otqina12ckNo:_2021-023c  wJ:ii h was-filed in
-.	-
this.,office_on{April 6, 2021, pursuant to the provisions of Section
125.66, Florida Statutes, as shown  by th	re.co_r-d=s of tfrisCoffice.
_-.  -

Given under my hand and the• Great Seal of the State of Florida = at Tallahassee, the Capitol, this the 7th of April, A.D., 2021.

Secretary of State