ORDINANCE NO. 2004-_!}2

AN ORDINANCE OF THE COUNTY OF ST. JOHNS, STATE OF FLORIDA, ESTABLISHING THE TURNBULL CREEK COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES (2003); 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 A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. JOHNS COUNTY, FLORIDA:

WHEREAS, Murabella, L.L.C. ("Petitioner"), having obtained written consent to the establishment of the District by the owner of I 00 percent of the real property to be included in the District, petitioned the St. Johns County Board of Commissioners (the "County") to adopt an ordinance establishing the Turnbull Creek Community Development District (the "District") pursuant to Chapter 190, Florida Statutes (2003); and

WHEREAS, Petitioner is a Florida limited liability company, authorized to conduct business in the State of Florida; 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 on June 22, 2004; and

WHEREAS, upon consideration of the record established at that hearing, the County determined that the statements within the Petition were 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 local government comprehensive plan, that the land within the District is of sufficient size, is sufficiently compact and 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 served by the District, that the services and facilities of the District will not be

Ordinance Book.	

3_,J+- 

Page	5qo

incompatible with the capacity and uses of existing local and regional community development services and facilities, and that the area to be served by the District is amenable to separate special­ district governance; and

WHEREAS, 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 ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. JOHNS COUNTY, FLORIDA:

SECTION 1. The above RECITALS are adopted as Findings of Fact in support of this Ordinance.

SECTION 2. AUTHORITY. This ordinance is enacted in compliance with and pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes (2003).

SECTION 3. DISTRICT NAME. There is hereby established a Community Development District situated entirely within St. Johns County, Florida, which District shall be known as the "Turnbull Creek Community Development District".

SECTION 4. EXTERNAL BOUNDARIES OF THE DISTRICT. The external boundaries of the District are described in Exhibit A attached hereto and incorporated by reference, the overall parcel containing 389 acres, more or less. There are no out parcels excluded within the external boundaries.

SECTION 5. FUNCTIONS AND POWERS. The general powers and functions of the District are described in Chapter 190, Florida Statutes. The District is also authorized to exercise additional powers to finance, fund, plan, establish, acquire, construct, reconstruct, enlarge or extend, equip, operate and maintain systems and facilities for parks and facilities for indoor and outdoor recreational, cultural and educational uses, as authorized and described in Section 190.012(2)(a), Florida Statutes (2003).

SECTION 6. BOARD OF SUPERVISORS. The five persons designated to serve as initial members of the District's Board of Supervisors are as follows: Susan Wood, Leo Johns, Leed Silverfield, Linda Edwards and Tom Rogers. All of the above-styled persons are residents of the State of Florida and citizens of the United States of America.

SECTION 7. SEVERABILITY. If any provision of this ordinance or the application thereof is finally determined by court of competent jurisdiction to be illegal, invalid or unenforceable, such provisions shall be deemed lo be severable and the remaining provisions shall continue in full force and effect provided that the illegal, invalid or unenforceable provision is not material to the logical and intended interpretation of this ordinance.

Ordinance Book·--3•+ --Page	5q I

SECTION 8.  This Ordinance shall take effect pursuant to Florida general law.

SECTION 9. This Ordinance shall be recorded in a book kept and maintained by the Clerk of the Board of County Commissioners of St. Johns County, Florida, in accordance with Section 125.68 Florida Statutes.

PASSED AND ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. JOHNS COUNTY, FLORIDA, THIS ,;)Q	DAY OF ::Ji}-.oe_	2004.

BOARD OF COUNTY COMMISSIONERS OF ST. JOHNS COUNTY, FLORIDA
BY: '---	,uu	

KarenR.Sera,
Its Chair

0

ATTEST:CHERYLSTRICKLAND,CLERK

EFFECTIVE DATE:	, Loe. :).,,'t,J..oo,j

ORDINANCE BOOK PAGE _sg_:;)_

EXHIBIT A
Turnbull Creek Co=unity Development District

PALMLAKES
JOB NO. 2001-2124-11
Revised July 16, 2003 CAPTION
A portion of Sub Sections 7 and 10, lying within Section 38 of the Antonio Muertas
Grant, and a portion of the Pacetti Donation, Section 37, all lying within Township 6
. South, Range 28 East, St. Johns County, Florida, and being more particularly described as follows: COMMENCE at the. intersection of the centerline of County Road No. 13-A (a 100 foot right of way as presently established) with the centerline of base line for State Road No. 16 (a 200 foot right of way as shown on the Florida Department of Transportation Right of Way Map Section No. 78060-2522, dated November 16, 1998);
thence South 19°30'15" West, along said centerline of County Road No. 13-A, a distance of 71.23 feet to its intersection with the Westerly prolongation of the Southerly right of way line of said State Road No. 16; thence South 81°10'44" East, along last said line and along the Southerly right of way line of said State Road No. 16, a distance of 2922.44 feet to the POlNT OF BEG1NN1NG; thence continue South 81°10'44" East, along said Southerly right of way line of State Road No. 16, a distance of 1022.92 feet; thence South 04°31'22 East, a distance of 2709.28 feet to the point of curvature of a curve concave Northeasterly having a radius of 2750.00 feet; thence Southeasterly along the arc of said curve a distance of 592.38 feet, said arc being subtended by a chord bearing and distance of South 10°41'38" East, 591.24 feet to a point situate in the Easterly line of said Sub­ Section 10; thence South 18°36'15" West, along said Easterly line of Sub-Section 10, a distance of 2321.49 feet to the Southeast comer thereof; thence North 71°41'07" West, along the Southerly Une of said Sub Section 10, a distance of 1,061.37 feet to its intersection with the Easterly line of said Section 37; thence South 00°59'34" East, along last said line, 10.56 feet; thence North 72°21'59" West, 2510.92 feet; thence North 19°30'15" East, 2050.00 feet; thence North 72°21'59" West,. 1,697.85 feet to a point lying on the Southeasterly right of way line of said County Road No. 13-A; thence North 19°30'15" East, aiong last said line, 1202.88 feet to the point of cusp of a curve concave Northeasterly having a radius of 50.00 feet; thence Southeasterly along the arc of said curve a distance of 78.36 feet, said arc being subtended by a chord bearing and distance
of South 25°23'31" East, 70.58 feet to the point of tangency of said curve; thence South 70°17'17" East, a distance of 344.30 feet to the point of curvature of a curve concave Southerly having a radius of 850.00 feet; thence Easterly along the arc o f said curve a distance of 412.68 feet, said arc being subtended by a chord bearing and distance of South 56°22'45" East, 408.64 feetto·a point of said curve; thence North 20°44'25" East, a distance of 444.56 feet; thence South 81°10'44" East, a distance of2309.30 feet; thence North 08°49'16" East, a distance of 1335.06 feet to the POINT OF BEGINNING.

Containing 389.0428 acres, more or less.

File: PACEIT!-SOD FARM2.DOC

ORDINANCE BOOK M PAGE 3

PETITION TO ESTABLISH THE TURNBULL CREEK COMMUNITY DEVELOPMENT DISTRICT

Submitted by: Cheryl G. Stuart
Florida Bar No. 0622699 Brian A. Crumbaker Florida Bar No. 0167819 123 South Calhoun Street Post Office Box 6526 Tallahassee, Florida 32314
(850) 222-7500 Telephone
(850) 224-8551	Facsimile
Attorneys for Petitioner

ORDINANCE BOOK PAGE -5q

BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. JOHNS COUNTY, FLORIDA

PETITION TO ESTABLISH A COMMUNITY DEVELOPMENT DISTRICT.

Petitioner, Murabella, L.L.C. (hereafter "Petitioner"}, hereby petitions the St Johns County Board of County Commissioners pursuant to the "Uniform Community Development District Act
... of 1980," Chapter 190, Florida Statutes, to establish a Community Development District (hereafter "District") with respect to the land described herein. In support of this petition, Petitioner states:
Location and Size. The proposed District is located entirely within St.Johns County,

•. Florida. Exhibit 1 depicts the general location of the project. The proposed District covers approximately 389 acres ofland. The site is located south ofS.R. 16, east of Pacetti Road (C.R. 13-
A) and north of c..R. 208. The metes and bounds description of the external boundaries of the
District is set forth in Exhibit 2.

Excluded Parcels. There are no parcels within the external boundary of theproposed District that are to be excluded from the District.
Landowner Consent. Petitioner has obtained written consent to establish the District from the owners of one hundred percent (100%) of the real property located within the District in
•.accordance with Section 190.005, Florida Statutes. Documentation of ownership and consent to the establishment of a community development district is contained in Exhibit 3.

Page 1 of 6

ORDINANCE BOOK -2i PAGE 59,S-

Initial Board Members. The five (5) persons designated to serve as initial members

of the Board of Supervisors of the proposed District are as follows:

·Name: Address:

Name: Address:

Name: Address:

Name: Address:

Name: Address:

Susan Wood
4729 Highway 17, Suite 204 Orange Park, Florida 32003

Leo Johns
10410 Big Tree Circle, East Jacksonville, Florida 32257

Leed Silverfield
4141 Southpoint Drive East, Suite B Jacksonville, Florida 32216

Linda Edwards 129 Parkside Drive
St Augustine, Florida 32095

Tom Rodgers
4168 Hershel Street
Jacksonville, Florida 32210

All of the above-listed persons are residents of the state ofFlorida and citizens of the United States of America.
Name. The proposed name of the District is the Turnbull Creek Co=unity Development District.
Existing and Future Land Uses. Theexisting and future land uses within and adjacent to the proposed District are identified in Exhibit 4. The land within the District is presently undeveloped. Theproposed development within the District currently contemplates theconstruction of approximately seven hundred and forty (740) single-family, residential units. No commercial or
retail land use is contemplated within the boundaries of the District The future general distribution,

.	location, and extent of the public and private land uses proposed for the District by future land use

Page 2 of 6

ORnl IANCF BOOK PAGE 5q1.i,

plan element of the County's Future Land Use Plan are shown in Exhibit 4. All of the land within the proposed District is within the Palm: Lakes PUD. The proposed land uses for lands contained within the proposed District are consistent with the approved St Johns County Future Land Use Plan.
Major Water and Wastewater Facilities.	Exhibit 5 shows the pre-development

drainage divides, proposed water and sewer mains, and the major outfall and existing offsite utilities

. .•

expected to serve the lands included within the proposed District. There are no existing major trunk water mains and wastewatet interceptors within the currently undeveloped lands proposed to be included within the District.
District facilities and services. Exhibit 6 describes the type of facilities Petitioner presently expects the District to finance, construct, acquire and/or install, as well as the anticipated owner and entity responsible for maintenance. These facilities will serve theresidential d,evelopment within the District The estimated costs of constructing the infrastructure serving land within the

proposed District are identified in Exhibit 7. At present, these improvements are estimated to be

. made, acquired, constructed, and/or installed in two (2) phases from 2004 to 2005 (Phase I) and 2006 to 2007 (Phase II). Actual construction timetables and expenditures will likely vary, due in part to theeffects of future changes in the economic conditions upon costs such as labor, services, materials,
interest rates and market conditions.

Page 3 of 6

ORDINANCE BOOK 3_4 PAGE ..53 7

10.  Statement of Estimated Regulatory Costs. Exhibit 8 is the statement of estimated regulatory costs ("SERC") prepared in accordance with the requirements of Section 120.541, Florida Statutes (2003). The SERC is based upon presently available data. The data and methodology used
. in preparing the SERC accompany it.

Authorized Agent. The Petitioner is a Florida limited liability company authorized to conduct business in the State of Florida. The authorized agent for Petitioner is Susan Wood, whose address is 4729 Highway 17, Suite 204, Orange Park, Florida 32003. See Exhibit 9 -
• • Authorization of Agent. Copies of all correspondence and official notices should also be sent to:

Cheryl G. Stuart Brian A. Crumbaker
HOPPING GREEN & SAMS, P.A.
123 South Calhoun Street Post Office Box 6526 Tallahassee, FL 32314

This petition to establish the Turnbull Creek Community Development District

. should be granted for the following reasons:

Establishment of the District and all land uses and services planned within the proposed District are not inconsistent with applicable elements or portions of the effective State
Comprehensive Plan or the St. Johns County Comprehensive Plan.

The area of land within the proposed District is part of a planned community. It is of a sufficient size and is sufficiently compact and contiguous to bedeveloped as one functional and interrelated community.

Page 4 of 6

ORDINANCE BOOK M PAGE .5£&

The establishment of the District will prevent the general body of taxpayers in St.

. Jobns County from bearing the burden for installation of the infrastructure and the maintenance of

-certain facilities within the development encompassed by the District.	The District is the best alternative for delivering community development services and facilities to theproposed community
... without imposing an additional burden on the general population of the local general-purpose government.	Establishment of the District in conjunction with a comprehensively planned
community, as prop. osed, allows for a more efficient use of resources..
The community development services and facilities of the District will not be incompatible with the capacity and use of existing local and regional community development services and facilities. In addition, the establishment of the District will provide a perpetual entity
·capable of ma.king reasonable provisions for the operation and maintenance of the District's services and facilities.
The area to be served bytheproposed District is amenable to separate special-district government.
WHEREFORE, PetitionerrespectfullyrequeststheCounty Commission of St. Johns County,

Florida to:

a	schedule a public hearing m accordance with the requirements of Section 190.005(2)(b), Florida Statutes (2003);
grant thepetition and adopt an ordinance establishing the District pursuant to Chapter 190, Florida Statutes;
consent to the District's exercise of certain additional powers to finance, fund, plan,

establish, acquire, construct, reconstruct, enlarge or extend, equip, operate, and maintain systems and Page 5 of 6

facilities for parks and facilities for indoor and outdoor recreational, cultural, and educational uses,

· as authorized and described by Section 190.012(2), Florida Statutes.

RESPECTFULLY SUBMITTED, this ""'.:: day of March, 2004.

HOPPJNG GREEN & SAMS, P.A.

BY: -6"'  *-+----1.:._L!--:=:::::	•

eryl G. S
Florida Bar
Brian A.•Crumbaker • Florida Bar No. 0167819 123 South Calhoun Street Post Office Box 6526 Tallahassee, FL 32314
(850) 222-7500 (telephone)
(850) 224-8551 (facsimile) Attorneys for Petitioner

Page 6 of 6

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DATE:

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-•	Certificole 0•1 lor,do 32256

DRAWN BY: R.P.E.

Phone No  ( A!.llhorizolion

Far No. (90?)04) 6-42-B99to.:25B-4
646-911B5

THE WOOD DEVELOPCMRE-1N3TACOMPANY
ORDINANCE BOOK PAGE IDO/

DRAWING NO.

Exhibit2
Turnbull Creek Community Development District

PALMLAKES
JOB NO. 2001-2124-11
Revised July 16, 2003 CAPTION
A portion of Sub Sections 7 and 10, lying within Section 38 of the Antonio Muertas Grant, and a portion of the Pacetti Donation, Section 37, all lying within Township 6
. South, Range 28 East, St. Johns County, Florida, and being more particularly described as follows: COMMENCE at the intersection of the centerline of County Road No. 13-A (a 100 foot right of way as presently estabiished)with tlie centerline of base line for State Road No. 16 (a 200 foot right of way as shown on the Florida Department of Transportation Right of Way Map Section No. 78060-2522, dated November 16, 1998); thence South 19°30'15" West, along said centerline of County Road No. 13-A, a distance of 71.23 feet to its intersection with the Westerly prolongation of the Southerly right of way line of said State Ro"ad No. 16; thence South 81°10'44" East, along last said line and along the Southerly right of way line of said State Road No. 16, a distance of 2922.44 feet to the POINT OF BEGINNlNG; thence continue South 81°10'44" East, along said Southerly right of way line of State Road No. 16, a distance of 1022.92 feet; thence South 04°31'22 East, a distance of 2709.28 feet to the point of curvature of a curve concave Northeasterly having a radius of 2750.00 feet; thence Southeasterly along the arc. of said curve a distance of 592.38 feet, said arc being subtended by a chord bearing and distance of South 10°41'38" East, 591.24 feet to a point situate in the Easterly line of said Sub­ Section 10; thence South 18°36'15" West, along said Easterly line of Sub-Section 10, a distance of 2321.49 feet to the Southeast comer thereof; thence North 71°41'07" West, along the Southerly line of said Sub Section 10, a distance of 1,061.37 feet to its intersection with the Easterly line of said Section 37; thence South 00°59'34" East, along last said line, 10.56 feet; thence North 72°21'59" West, 2510.92 feet; thence North 19°30'15" East, 2050.00 feet; thence North 72°21'59" West, 1,697.85 feet to a point lying on the Southeasterly right of way line of said County Road No. 13-A; thence North 19°30'15" East, aiong last said line, 1202.88 feet to the point of cusp of a curve concave Northeasterly having a radius of 50.00 feet; thence Southeasterly along the arc of said curve a distance of 78.36 feet, said arc being subtended by a chord bearing and distance
of South 25°23'31" East, 70.58 feet to the point of tangency of said curve; thence South 70°17'17" East, a distance of 344.30 feet to the point of curvature of a curve concave Southerly having a radius of 850.00 feet; thence Easterly along the arc o f said curve a distance of 412.68 feet,. said arc being subtended by a chord bearing and distance of South 56°22'45" East, 408.64 feet to a point of said curve; thence North 20°44'25" East, a distance of444.56 feet; thence South 81°10'44" East, a distance of2309.30 feet; thence North 08°49'16" East, a distance of 1335.06 feet to the POINT OF BEGINNING.

Containing 389.0428 acres, more or less.

File: PACETI1-SOD FARM2.DOC

Exhibit 3
Consent and Joinder of Landowner
to Establishment of a Community Development District

The undersigned is theowner of certain lands more fully described on Exhibit "3-A" attached hereto and made a part hereof (Property).

The undersigned understands and ac!mow!edges that Murabella, LL.C., a Florida limited liability company (Petitioner), intends to submit a petition to establish a Community Development District in accordance with the provisions of Chapter 190 of the Florida Statutes.

As an owner of lands whlch are intended to constitute all or a part of the Community Development District, theundersigned understands and acknowledges that pursuant to the provisions of Section 190.005, Florida Statutes, the Petitioner is required to include the written consent to the establishment of the Community Development District of onehundred peTCCnt (100%) of the owners of the lands to be inciuded within the Community Development District.

The UDder&igned hereby consents to the establishment of a Community Development District which will include the Property within the lands to be a part of the Community Development District and agrees to further execute any documentation necessary or convenient to evidence thls consent and joinder during the application process for the establishment of the Community Developmen District

The undersigned acknowledges that the consent will remain in full force and effect until the Community Development District is established or three years from the date hereof, whichever shall first occur. The undersigned further agrees that it will provide to the next purchaser or successor in interest-of all or any portion of the Property a copy of this consent form and obtain, if reqnested by Petitioner, a consent to establishment of the Community Development District in substantially this
form.

The undersigned hereby represents and warrants that it bas ta.ken all actions and obtained all consents necessary to duly autborize the execution of this consent and joinder by the officer executing this instrnment.

Exe ted tllid.5'0day of {iprk.arlf 	,2004.

By:		arles F. Atkerson, Jr. Its:	ice President

ORDINANCE BOOK J PAGE -,3

	 Exhibit 3-A

. This I:ostrument Prepared By: .
John D. Bailey, Jr.
Upchurch, &ilcy and Upchurch, P.A.
,	Post Offu::e Drawer 3qo1
/.	'.	-;r St, Augustine:, Florida 32085-3007
/;'., /.	l=N. 6--0l-2Bi
r,J.1

,'ublic Records of St. Johns County, FL Clerk# 03-0511 1
O.R. 2001 PG 1765 11:00AM 07/22/2003 REC 521.00	SUR $3.00
Doc Stamps $46-, 327. 40

WARRANIY DEED

THIS INDENTURE, made this 171J1 day of July, 2003, by BENJAMIN D. ROBINSON, mand BARBARA M. ROBINSON, bis wife, FRANCIS G. ROBINSON
amauied man convey•mg non•bomez;tead p'r"op"e"rty and RANDYL. ROBINSON, a singlo'
womSll ("Grantor") to G & C DEVELOPEilS, INC., a Florlda corporation, whose post office address is 7865 Southside Boulevard,1"lcsonville, Florida 32256 andwhose federal taxpayer idenrific:alion number is: 59-3562221 ("Grantee").

WJTNESSETB:

That Gzmrtor, for end In eon&ldera.tioa. of the sum ofT® and No/lD0's Dollaxs (SI0.00), and other good Bll.d valuable cODSiderationstoit inhand paid by said Gramee, the r=::ipt whereof is hereby acknowlcd.,"Cd, has granted, bargaw,d QOd sold to the said Gnmtee. its successOl"S and 8.!lsign, forever, the following described land in St. Johns County, Florida, to-wit:

SEE EXHIBIT "A!' AIT.ACHED HERETO AND BY REFERENCE MADE A PART ·HEREOF (THE "PROPERTY'').

Parcel Identlfi&:atio'n Number:  028670-0000

SUBJECT: Th se martmi J.lrted on Exlu"bit "B" attached hereto.

Said OnintoI does hereby fully WturlI!l tbe title: to the: Property, and will defend the
. same ageimt the lawful claims of all:persons whomsoever.

.• ORDINANCE BOOK.,,J PAGE (o OJ

Exhibit 3-A	0R2OO1 PG1765
IN WITNESS WHEREOF, GTantor has caused these presents tobedulyexec\Jted
on the day and year fust bereinabovc written..

Sigged, sealed and delivered
in the presenc.e of:

t/	ffe-4--

B	iuD. Robinson. m
3970 Pacetti Road
St .Augustine, Florida 32092

 tn=	-o	:is	J	,	
fa (type or print name)	•	-	3970 Pacetti Road
	¥?¢.{:.	St. Auaustinc. Florida32092
W"itnes	/Mt:t::!jM&eflzrt
(type or print DlllllC)

Wunes G11@4l
(type or prim llllll2c)	• ·

Francis _G. Robinson

3970 Pacetti Road
St. Augustine, Florida 32092

	.l,{tttc-m
(typl:	print Jl!!I[IC) •

Rand L.	b'	n

· 3970 Pacetti

. Sl Au e, Florida 32092

ORDINANCF BOOK J PAGE I.DOS-

0 A2001 P 61767
Exhibit 3-A

STATE OF FLORIDA
COUNTY OF DW AL

THE FOREGOING instrumen1 was aclmowledged before me this fl_	daY, of July, 2003, by Benjamin D. Robinson, m and Barbara M. Robinson, his wife, who ('J  )
are personally known to me or ( _ ) have produced driver's license number 		-: _
	,and 	_,respectively,  as

identificatio11-

0)

1 •

i

DtlD.IIMEI'..;..
Ill'. COMIIISSIJN Ia; t, •
-	0oon,1D,2!,  •
lll"tllifltllll tm,i.l) ,1111r  :.:•

(Name of notary typed/priDied/stmnped)
Commission number:.,	_

STATE OF FLORIDA COUNTY OF DUVAL

Co=ission  expires,.._·	

JllfN D.SAn!Y, JI\
!If COMMISS1DNf CCll7caM
EXFlflEB; Qolobor 10,2D0j
la!d1'11U PIIII;.,._._.

THEFOREGOING instrument wu aclcoowledged before tne this / 7 'day of July, 2qo3, by Francis 0. Robinson. a married man c0t1veying non-homestead property, who( _ll) is personally known to me or ( _ ) has produced driver's license number_
.	.	as identification.

JClilD.eAJIEY,JFI.
MY co11,11SS10N f CC17.IU4
e:xplllfS;O:iDber10,sei,I
Bandiii'l)nl Plllll:I

Signantte	

(NZ11De of notary typed/prizrted/stamped)
Commission number:.	
Commission expires:.	

STATE OF FLORIDA
COUNTY OF DUVAL
THE FOREGOING mstru:ment was acknowledgeq before me this	f 7 day of July, 2003, by Randy L. Robinson, a single womai:i, who (JI  ) is persomlly knownto me

or( _)	ha,	produced driver's liconBC number 	 as identificai:io11-

--'----------

..0H!ID.BAII.E'l.JII.
!lYC0MW9SOI I CC 17i2,1,1
EXl'IIB 0:lliJirlD, 21104
BoPdlMr_,,.,.iMr-

(Name of notary typed/printed/stamped) Commission number..	  Commission expires:.	

ORDINANCF 800K	PAGE ..leillo

P.ARCEL "A" PALM 1.AKBS
JOB NO. 2001-2124-J l
. Revis. ed July 16, 2003

Exhibit 3-A
EXHlBIT "A" LEGAL DESCRIPTION
(PalmLa'/a:.s)

0R2OO1P61768

A portion of Sub Sections 7 and 10, lying within Section 38 of the Antonio Muertas Grant, and a portiOJJ of the Pa.:etti Doru<tion, Section 37, all lying withiD Township 6 South, Range 28 East, St. Johns County, Florida., and being more panicularly descnl,ed as follows: COMMENCE el: the intersection of the centerline of County Road No. 13-A (a 100 foot right of way as presently established) with lhe centerline of base line for S1:ate Road No. 16 .(a 200 foot .right of way 11.!1 shown on the F1orida Dep!!rlment of Tremport:atiou Right of Way Map Sc-etion No, 78060,.2522, dated Navember.16, 19.98); thence South 19°30'1S" West, along said centerline ofCotmty Rciad No. 13-A. a distance of 71,23 :fe=l to its intersection with the Westc.dy prolongation oftbe Southerly right of
way line of said State Road No. 16; thence South 81°10'44" East, aloni lest said line and
along the Southerly right of way line of said Srate Road No. 16, a distance of 2922,44 feet to tbe POINT OF BEGINNING; thence continus South 81"10'44" East, along said Soullmly right of way .line of St.ate Road No, 16, a distance of 1022.92 feet; thence South• 04°3J'22 Eusl, a diirtance of 2709.2B feet to the point of cu:vatu:r,: of a curve concave Northeasterly having a ramw af 2750.00 feet; thence Sou1beasn:rly along the arc of said curve a distance of S92..38 feet, said arc being subtended by a chord bearing lll!d distance of Soutb 10°4l '38" East, 591.24 feet to a point siruatc in the Easterly lino of said Sub­ Section 10; thence South 18"36'15" West, a.long said Easterly line of Suh-Section 10, a dist.BD1le of2321.49 feet to the Southeast COJ1lCl' thereof; e   North 71°41'07" West,·
. along the Southerly line of said Sub Section 10, a rustanoe of 1,061.37 feet to its intm51,clion with the Easterly Ii.Ile uf Ill.lid Section 37; thett South 00°59'34" East, along lim said liDe, 10.56 feet; thence North 72"21'5!il" West, 2510.92 feet; thence NoI1h 19"30'1S" Ea.9t, 205'0.00 feet; thence North 72°21'59" West, 1,697.85 feel to a point
lying on the Southeasterly_right of way line of swd County R.o!!d No. 13-A; thence tJ'orth 19°30'15" East. along last said lliie, 1202.&8 feet to the point of'omp ofa curve concave Northeasterly having a radius of 50_00 feet; thence Southeasterly a.long the arc of said
c=	a diwmce of.78.36 feet, said arc being subtended by a chord bearing and distam:e of Somb 2S"2l 'l l" Ea.st, 70.S8 feet to the point of tangency of said cwve; thence South - 70°17'17" East, a distance of 344.30 feet to the point of curvatare of a curve concave Southerly having a ratlius of 8S0.00-feet; thence East.erly along the arc o f said curve a distance of 412.68 feet, said arc being subtend · by a chord bearing and distance of South S6°22'4S" East, 408.64 feet to a point of said curve; thencfl North 20°44'25" East, a distance of 4,44.56 fe t; thence South 81°10'44" Bast. a distance of 2309.30 feet; thence North 08°49'16'' East,, a distance of 1335.06 feet to th= POINT OF BEGINNING.

0 & C Oimcp:n, Ille.

••	ORDINANCE BOOK.:JPAGE_(Q.Q_7

I
11::_

Exhibit 4

MIXED USE DISTRICT

0

0

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l,	£ROAf5-16-----	0
MMERCI
RESIDENTIAL B

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RESIDENTIAL B

COD BOUNDARY
I

RESIDENTIAL B

RESIDENTIAL B

R/W
RESERVATION

WETLANDS

EXISTING AND FUTURE LAND USES

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TURNBULL CREEK CDD
SR-16 1k CR-l3A
THE WOOD DEVaOPMENT COMPANY

-	-	ENCiNeERS- PLANNERS

ETM NO.	01-161-06

DATE:	DECEMBER 2003

- ..._

-	SURVEYORS - LANDSCAPE ARCHTECTS
..-, 141775 Sl. Au;ustine Rood

DRAWN BY: R.P.E.

:=-

.2::-"F !!.	Jocksonville, F"lorido 32258
=:::,.""=! Cerlificole of A.ulhorizotion No.:25B4 Phone No, (904) 6-12-13990
Few No. (904) 46-9485

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				LEGEND	
				COD BOUNDARY	
				WATER MAIN	
				SEWER MAIN	
-	-	-	-	-	DRAINAGE DIVIDE	

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-._	-	51.RVEYORS - LANDSCAPE AROiiTEcTS
_... 14775 St. Augusline Rood
_.._......_... Joclc.sonville, Florida 32258
55	-,_ Cert.ificcte of Aulhorizotion No.:256-4 Phone No. (904) 642-B990
Fe,: No. (904) 646-9485	DRAINAGE OUTFALL AND OFF-SITE UTILITIES	
ETM NO.	01-181-06	
		DATE:	DECEMBER 2003	
	TURNBULL CREEK CDD
SR-16 &: CR-13/\
THE WOOD DEVaOPMENT COMPANY	DRAWN BY: R.P.E.	
		DRAWING NO.	6	

ORnlNAN1.I: BOOK PAGE v,oq

WETLANDS

Exhibit RW-1 Exhibit 6 (Revised)
PROPOSED FACILITIES AND SERVICES
Turnbull Creek Community Development District

FACILITY	FINANCED BY	O&M	OWNERSHIP	
Entrance Blvd.,	CDD	SJC	SJC	
Pacetti Road Improvements				
and neighborhood roadways				
S.R 16 Improvements	CDD	State of Florida	State of Florida	
Community Recreation	CDD	CDD	CDD	
Master Stormwater Management System	CDD	CDD	CDD	
Lift Stations,	CDD	SJCU	SJCU	
Force Main, Water,				
and Sewer				
Entry Monumentation,	CDD	CDD	CDD	
Landscaping and Signage				
Street Lighting/Conduit	CDD	FP&L	FP&L	

CDD	- SJC SJCU - FP&L-

Turnbull Creek Community Development District St. Johns County
St. Johns County Utilities Florida Power & Light

ORDINANCE BOOKPA.GE (.p IO

Exhibit RW-2

Exhibit 7 (Revised 4/28/2004)

SUMMARY OF COST ESTIMATES
Turnbull Creek Community Development District

CATEGORY	ESTIMATED COST	

MASTER INFRASTRUCTURE		
Entrance Boulevard, State Road 16 and	$1,129,000	
Pacetti Road Improvements		
Community Recreation	$3,432,000	
Master Stormwater Management System	$4,251,000	
Lift Stations (3) and Force Main	$660,000	
Entry Monumentation, Landscape & Signage	$1,500,000	
Master Infrastructure Subtotal	$10,972,000	

NEIGHBORHOOD INFRASTRUCTURE		
Paving & Drainage	$9,495,000	
Water & Sewer	$4,144,000	
Street Lighting	$300,000	
Neighborhood Infrastructure Subtotal	$13,939,000	

TOTAL	
$24,911,000	
Cost estimate& were obtained from rec historical bids for similar wed
this area and arc .oot based o.n final approved plans..	in	

0PnlNANr.r: BOOK JlPAr.i= -1.Ql 1

EXHIBITS

STATEMENT OF ESTIMATED REGULATORY COSTS

Introduction

Purpose and Scope

This Statement of Estimated Regulatory Costs ("SERC") supports the petition to form the Turnbull Creek Community Development District ("District''). The proposed District comprises approximately 389 acres of land located within St. Johns County, Florida. The limitations on the scope of this SERC are explicitly set out in Section 190.002(2)(d), F.S., (governing District formation or alteration) as follows:

"That the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to managing and financing the service delivery function of the district so that any matter concerning permitting or planning of the development is not material or relevant (emphasis added)."

Overview of the Turnbull Creek Community Development District

The proposed District comprises approximately 389 acres within St. Johns County, Florida. The District is designed lo provide community infrastructure, services, and facilities along with certain ongoing operations and maintenance.

The Development plan for the proposed lands within the District includes the construction of approximately 740 single-family units.

A Community Development District ("CDD") is an independent unit of special purpose local government authorized by Chapter 190, Florida Statutes, to plan, finance, construct, operate and maintain community-wide infrastructure in large, planned community developments. CDD's provide a "solution to the state's planning, management and financing needs for delivery of capital infrastructure to service projected growth without overburdening other governments and their taxpayers." Section 190.002(1)(a) F.S.

A CDD is not a substitute for the local, general purpose, government unit, i.e., the County in which the CDD lies. A CDD does not have the permitting, zoning or police powers possessed by general purpose governments. A community development district is an alternative means of financing, constructing, operating, and maintaining community infrastructure for planned developments, such as the Turnbull Creek Community. The scope of this SERC is limited to evaluating the consequences of approving the proposal to establish the Turnbull Creek Community Development District.

Requirements for Statement of Estimated Regulatory Costs

Section 120.541(2), F.S. (2003), defines the elements a Statement of Estimated Regulatory Costs must contain:

A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance.

A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed ordinance, and any anticipated effect on state and local revenues.

A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including· local governmental entities, required to comply with the requirements of the ordinance. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the ordinance, additional operating costs incurred, and the cost of monitoring and reporting.

An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. St. Johris County is not defined as a small county for purposes of this requirement.

Any additional information that the agency determines may be useful.

In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (!)(a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed ordinance.

A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance.

As noted above, the Turnbull Creek Development is designed for up to 740 residential units. Formation of the District would put all of these households under the jurisdiction of the District. It is not anticipated that anyone outside the District would be affected by the creation of the District.

Good faith estimate of the cost to state and local government entities, of implementing and enforcing the proposed ordinance, and any anticipated effect on state and local revenues.

ORDINANCE  BOOK  :31PAGEJQL3

Costs to Governmental Agencies of Implementing and Enforcing Ordinance.

State Government Entities

The District consists ofless than 1,000 acres (389 total), therefore St. Johns County is the establishing entity under 190.005(2), F.S. There will be only modest costs to various State governmental entities to implement and enforce the proposed formation of the District.

The modest costs to various State entities are related to the receipt and processing of various reports that the proposed District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only one of many governmental units that are required to submit the various reports. Therefore, th al::cost of processing one additional set of reports i	 Additionally, pursuant to section 189.427, F.S., the proposed district must pay an annual fee to the State of Florida Department of Community Affairs, which offsets such costs.

St. Johns County

The proposed land for the District is located entirely within St. Johns County, Florida, and consists of approximately 389 acres. The County and its staff will process, analyze, conduct a public hearing, and vote on the petition to establish the District. These actions will absorb some resources.

These costs to· the County are modest for a number of reasons. First, according to Chapter 190, F.S., review of the petition to establish the District does not include analysis of the project itself. Second, the petition itself provides much of the information needed for a staff review. Third, local governments already possess the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Fifth, the Petitioner has paid the statutory filing fee of $15,000 to St. Johns County. Finally, local governments routinely process similar petitions for land uses and zoning charges that are far more complex than is the petition to establish a community development district. A more precise description of the modest costs associated with the processing and consideration of the petition to establish the District have been provided in the following illustrations:

Illustration #1 - Notice of Establishment
Within thirty (30) days after the effective date of the ordinance establishing the• Turnbull Creek CDD, it must record a notice of establishment with the St. Johns County Clerk of the Circuit Court as required by section 190.0485, F.S. (2003). There is a fee associated with recording this document which will be paid by the Turnbull Creek CDD and which is levied to defray the costs to St. Johns County. In St Johns

ORDINANCE BOOK aJPAGE .1.tl_+

County, the current recording fees are $6.00 for the first page and $4.50 for each additional page. It is estimated that the recording fee for the Turnbull Creek notice of establishment will be $28.50. It is assumed that St. Johns County bases its recording fees on its internal costs. Assuming this is accurate, the net costs to St. Johns County for this activity is zero.

Illustration #2 - Designation of Registered Agent and Office
Pursuant to section 189.416, F.S. (2003), the Turnbull Creek CDD will be required to file a designation of registered agent and registered office with the Florida Department of Community Affairs and St. Johns County. This filing normally consists of one to two pages and is required of each of the approximately 1,300 special districts throughout the State of Florida. St. Johns County's costs are minimal because the costs only involve receipt and filing of the designation. No further action is required of St. Johns County. Any nominal cost to the Department of Community Affairs for receiving and filing this designation is offset by the $175 annual fee which the Turnbull Creek CDD is required to pay pursuant to section 189.427,
F.S. (2003), and Florida Administrative Code Section 9B-50.003.

Illustration #3 - Processing of the Petition by St. Johns County
St. Johns County will incur internal costs establishing the Turnbull Creek CDD. Those costs are attributable to processing the Petition. St. Johns County has recognized this and adopted section 5.06.0l(E)(3) of the St. Johns County Land Development Code which requires a processing fee of
$15,000 to defray the costs of processing an establishment petition. Petitioner paid this $15,000 processing fee simultaneously with the filing of the petition. St. Johns County also has existing staff qualified to review these petitions, as evidenced by the formation and existence of a processing group. Therefore, there are no external costs that St. Johns County will incur in processing the petition to establish the Turnbull Creek CDD. Any intemal costs should be defrayed by the required processing fee.

The annual costs to St. Johns County, because of the establishment of the District, are also  ery srruilD The proposed District is an independent unit of local government. The only annual costs the County faces are the minimal costs of receiving and reviewing the
various reports that the District is required to provide to the County. Illustrations regarding the annual costs to St. Johns County, because of the establishment of the District, are the following:

Illustration# I - Review of Annual Budget
Pursuant to section 190.008, F.S. (2003), the Turnbull Creek CDD will be required to submit a copy of its proposed annual budget to St. Johns County. St. Johns County then has the option of reviewing and/or commenting on (but not approving) the budget.  If St. Johns County

ORDINANCE   BOOK  3.i-  PAGE

decides not to review or comment on the proposed budget, there is no cost to the county except for the few minutes of labor it would take to make the decision. However, if St. Johns County decides to review and comment on the budget, then there would be labor costs allocable to the time spent on this task. The actual amount of the allocable costs would be directly tied to the time- spent performing the review and the compensation of the person performing the review. To date, we are unaware of St. Johns County reviewing any existing CDD's budget.

Illustration #2 - Public Meetings Schedule
Pursuant to section 189.417, F.S. (2003), the Turnbull Creek CDD will be required to file quarterly, semiannually, or annually a schedule of its regular meetings with St. Johns County. The costs to St. Johns County are because the costs only involve the receipt and filing of the
schedule. No further action is required of St. Johns County.

Illustration #3 - Public Facilities Report
Pursuant to section 189.415, F.S. (2003), the Turnbull Creek CDD will be required to file a public facilities report with St. Johns County. The goal of this statutory requirement is to promote coordination between special districts and local general-purpose governments. Provision of this report helps to avoid duplication of facilities and provides information St. Johns County can use in evaluating its comprehensive plan. The costs to St. Johns County ar !!J>because the costs only involve receipt and filing of the report. N-0   er action is required of St. Johns County.

Illustration #4-Annual Financial Audit/Annual Financial Report
Pursuant to sections 190.008, 218.32 and 218.39, F.S. (2003), the Turnbull Creek CDD will be required to file an annual financial report with the Florida Department of Financial Services. This report must be filed by all local government entities, including but not limited to cities, counties, and community development districts. Accordingly, the Department of Financial Services processes thousands of these reports each year. Any costs associated with the filing and review of the Turnbull Creek CDD's annual financial report will be a very small fraction of the total costs incurred by the State in annually reviewing these reports. The Turnbull Creek CDD will also be required to file an Annual Financial Audit. The District will retain and pay a non-governmental, private entity to conduct and prepare the annual audit. Thus, there are no costs to St. Johns County or the State in the preparation of the audit.

Impact on State and Local Revenues

Adoption of the proposed ordinance will have no negative impact on State and local revenues. The District is an independent unit of local government. The Turnbull Creek

ORDINANCE BOOKMPAGEJQ.!.lo

Community Development District is designed to provide community facilities and services to serve the development. The District has its own sources of revenue. No State or local subsidies are required or expected.

In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida, or any unit of local government. In accordance with State law, debts of the District are strictly its own responsibility.

4.0	A good faith estimate of the transactional costs is likely to be incurred by individuals and entities required to comply with the requirements of the ordinance.

Table 1 provides an outline of the various facilities and services the proposed District (CDD) may provide.

Table 1.		Turnbull Creek Community Development District Proposed Facilities and Services

FACILITY	FUNDED BY	O&M	OWNERSHIP	
Entrance Blvd., S.R 16 &. Pacetti Road Improvements	CDD	SIC	SJC	
Community Recreation	CDD	CDD	CDD	
Master Stormwater Management System	CDD	CDD	CDD	
Lift Stations, Force Main, Water	CDD	SJCU	SJCU	
and Sewer				
Entry Monumentation, Landscaping and Signage	CDD	CDD	CDD	
Street Lighting/Conduit	CDD	FP&L	FP&L	

CDD	 Community Development District SJC	SL Johns County
SJCU	 St. Johns County Utilities FP&L	Florida Power & Light

The petitioner has estimated the design and construction costs for providing the capital facilities as outlined in Table 1. The cost estimates are shown in Table 2 below. Total design and construction costs for these facilities are estimated to be approximately
$24,911,000. The District may issue special assessment or other revenue bonds to fund these facilities. These bonds would be repaid through non ad valorem assessments levied on properties in the District that may benefit from the District's capital improvement program outlined in Table 2.

ORDINANCE BOOK3J PAGE lDI1

Prospective future landowners in the District may be required to pay non-ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition, to the levy of non-ad valorem assessments for debt service, the District may also impose a non-ad .valorem assessment to fund the operations and maintenance of the District and its facilities and services. However, locating in the District by new residents is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the non-ad valorem assessments as a tradeoff for the numerous benefits and facilities that the District provides. In addition, state law requires all assessments levied by the District to be disclosed by the seller to all prospective purchasers of property within the District.

A CDD provides residents with the option of having higher levels of facilities and services financed through self-imposed charges. The District is an alternative means to finance necessary community services. District financing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, County provision, or through developer equity and/or bank loans.

In considering these costs it shall be noted that occupants of the lands to be included within the District will receive three major classes of benefits.

First, those residents in the District are expected to receive a higher level of public services and amenities sooner than would otherwise be the case.

Second, a CDD is a mechanism for assuring that the community services and amenities will be completed concurrently with development of lands within the District. This satisfies the revised growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands.

Third, a CDD is the sole form of governance which allows District landowners, through landowner voting and ultimately electoral voting for resident elected boards, to determine the type, quality and expense of the District services they receive, provided they meet the County's overall requirements.

The cost impact on the ultimate landowners in the District is not the total cost for the District to provide infrastructure services and facilities. Instead, it is the incremental costs above what the landowners would have paid to install infrastructure via an alternative financing mechanism. Given the low cost of capital for a CDD, the cost impact to landowners is negligible. This incremental cost of the high quality infrastructure provided by the District is likely to be fairly low.

ORDINANCE BOOKPAGE _J£)2

Table 2. Cost Estimate for District Facilities

CATEGORY	COST

MASTER INFRASTRUCTURE
Entrance Boulevard, State Rd I6 &
Pacetti Road Improvements

$ 1,129,000

Community Recreation	$ 3,432,000	
Master Stormwaler Management System	$ 4,251,000	
Lift Stations (3) and Force Main	$	660,000	
Entry Monumentation, Landscape & Signage	$ 1,500,000	
Master Infrastructure Subtotal	$ I 0,972,000	
NEIGHBORHOOD INFRASTRUCTURE
Subdivision Improvements (Includes street	
$13,939,000	
lighting & conduits, water, sewer, roads and		
Stormwater facilities)		
TOTAL	S24,911,000	

An analysis of the impact on small businesses as defmed by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defmed by Section 120.52, F.S.

There will be little impact on small businesses because of the formation of the District If anything, the impact may be positive. This is because the District must competitively bid all of its contracts. This affords small businesses the opportunity to bid on District work.

According to the census figures (2000), St. Johns County has an estimated population in excess of 75,000. Therefore the County is not defined as a "small" County according to section 120.52, F.S.

Any additional useful information.

The analysis provided above is based on a straightforward application of economic theory, especially as ii relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Developer's Engineer and other professionals associated with the Developer.

Prepared by:	Gary R. Walters
Gary Walters & Associates 12 Crooked Tree Trail Ormond Beach, FL 32174

ORDINANCE BOOK	1PAGE  !,QJ_q

Appendix A
List of District Reporting Requirements

Annual Financial Audit	190.008/218.39	12 Months after end of fiscal year	
Annual Financial Report (AFR)	190.008/218.32	12 Months after end of fiscal year	
TRlM Compliance Report	200.068	30 days after adoption of ordinance	
		or resolution establishing property	
		tax levy	
Financial Disclosure	112.3144	by July I	
Public Depositor	280	by November 30	
Proposed Budget	190.008	by October I	
Public Facilities Report	189.415	within 1 year of creation: annual	
		updates thereafter	
Public Meetings Schedule	189.417	quarterly, semiannually, or annually	
Bond Report	218.38	when issued: within 120 days after delivery of bonds	
Registered Agent	189.416	30 days after first meeting	

ORDINANr,i= BOOK 3i	PAGE

Exhibit9

Authorization of Agent

This letter shall serve as a designation of Susan Wood, whose address is 4729 Highway 17,

Suite 204, Orange Park, Florida 32003, to act as agent for Murabella, L.L.C., a Florida limited liability company, with regard to any and all matters pertaining to the Petition before the St Johns County Board of County Commissioners to establish the Turnbull Creek Community Development District in St. Johns County, Florida, pursuant to Chapter 190, Florida Statutes. This authorization
shall remain in effect until revoked in writing.
Executed this t/ day of March, 2004.
Murabella, L.L.C.,
a Florida limited liability company

on taking acknowledgment

6andra 5f)eMui 	
Name of officer taking acknowledgment
(typed, printed or stamped)
V ce Pr.eo i lvlt1t
. Titie or rank

ORDINANCE BOOK 3J	PAGE  /

COPY OF ADVERTISMENT
THE ST. AUGUSTINE RECORD
PUBLISHED EVERY MORNING MONDAY THROUGH FRIDAY, SATURDAY AND SUNDAY MORNING ST. AUGUSTINE AND ST, JOHNS COUNTY, FLORIDA

STATE OF FLORIDA, COUNTY OF ST. JOHNS

Before the undersigned authority personally appeared AMANDA N. BRUNK who on oath says that she is an Accounting Clerk of the St. Augustine Record, a daily newspaper published at St. Augustine in St. Johns County, Florida:
that the attached copy of advertisement, being a NOTICE OF PUBLIC HEARING

In the matter of TURNBULL CREEK

in the Court. was published in said newspaper in the issues of

MAY 25,2004

Affianl further says that the St. Augustine Record is a newspaper published
at St. Augustine, in said St. Johns County, Florida, and that the said newspaper heretofore been continuously published in said St. Johns County, Florida, each day and has been entered as second class mail matter at the post office in the
City of St. Augustine, in said St. Johns County, for a period of one year preceding the first publication of the copy of advertisement; and affiant further says that
she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing the advertisement for publication in the said newspaper.

Sworn to and subscribed before me this 26TH day of MAY 2004

lw-- a<11\ do, 1}  1 1 «h--, who is personally known to me or whhas produced PEON ALLY KNOWN as identification.

!J"'\ lk/ Commi•sion DD275991

Patiicla A. aergqu t

-.;.,.!f,,/ Expireo oecemt>er 18, 2001

(Signature of Notary Public) PATRICIA ABERGQUIST

(Seal)

ORDINANCE BOOK PAGE  :i._

NOTICE Of PUBLIC HEARING
St Johns County Board of County Commissioners
.	•	for the

n

_Establi me the Turnbull Creek Community Development District
II!..	41•	June 22, 2004
&,	I!ME;J:30p.m.
LOCA	N: County Auditorium at the County Administrative Complex 4 20 Lewis Speedway (County Road 16A and1J.S. 1 North)
St. Augustine, Florida
NOTICE OF PUBLIC HEARING
In compliance with the provisions of Chapter 190, Florida SLalules, a public hearing will be· held by the SI. Johns County Board of County Commissioners beginning at 1:30 p.m., June 22·, 2004, in the Courity"Audilorium at the County Administrative Complex, 4020 Lewis Speedway (County Road 16A and U.S. 1 North), St. Augustine, Florida·, to consider an ordinance to grant a petition to establlsh lhe Turnbull Creek Communlly Development District. The title of lhe pro­ posed ordinance is as follows:

AN ORDINANCE ESTABLISHING THE TURNBULL CREEK COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STAT· UTES (2003); NAMING THE DISTRICT; DESCRIBING THE EXTERNAL BOUND· ARIESOF THE DISTRICT; DESCRIBING THE FUNCTIONS AND POWERS OF THE DISTRICT; DESIGNATING FIVE PERSONS TO SERVE AS THE INITIAL MEMBERS OF THE DISTRICTS BOARD OF SUPERVISORS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

The proposed community development district is comprised of approxlmalely 389 acres, located soulh of S.R. 16, easl or Pacetti Road (C.R. 13-A), and north.of
C.R. 208, as depicted on the map below. The petitioner has proposed 10 establish the Turnbull Creek Community Development Dislrict to plan, finance, acquire, con­ struct, operace and maintairi Infrastructure and community facilities, whlch may be authorized, under Florida law, Including, but nbt limlted to, stormwaler man­ agemenl lmprovElments, water and sewer lacllities, roads and streel llghts, enlry m.onumemation, la.ndscaplng and perks and rec_reational faclHlles. Coples ol the petition, department reports and proposed ordinance are open to public inspec­ tion at the office of tl)e Clerk or lhEI Board ·of County Commissioners al Iha St. Johns County A.dminlstra on Complex, 4020 Lewis Speedway (C.R. 16A and U.S. 1 North).

AH interested persons and affected units of general-purpose government shall be given an opportunity 10 appear at the hearing and presenl oral or written com­ ments on the petition. Any persons or affected unit or general-purpose local gov­ ernment, who wishes to appeal any decision made by the Board wilh respect to any matter considered a[ lhis public hearing will need a record of !he proceedings. For Ihat purp the person or unit or general-purpose local government 'may
need to insure that a verbatim record or the proceedings rs made that includes the
teslimony and evidence upon which the appeal is to be based.

NOTICE TO PERSONS NEEDING SPECIAL ACCOMMODATIONS AND.TO ALL
HEARING IMPAIRED PERSONS: In accordance with the Americans with Dis­ abilities Act,·persons needing a special aOCOmmodjlUon or an inlerpreter to p8r­ ticipate in the proceeidings should contact ADA Coordinator, at (904) 823--2501 or at the County Administration Buildlng, 4020 Lewis Speedway, St. Augustine, FL 32095. For hearing impaired individuals: Telecommunication Device for lhe Deal (TDD:) 823,-2501 or Florida Relay Service: 1-800 955-8770, no later thari.5 days prior to the dale of lhe hearing.	•

BOARD OF COUNTY COMMISSIONERS ST.JOHNS COUNTY, FLORIDA
KAREN R. STERN, CHAIRPERSON
File Number: CDD 2004-01 Turnbill Creek Community D velopmenl District

ORDINANCE BOOK MPAGE log),3

COPY OF ADVERTISMENT
THE ST. AUGUSTINE RECORD
PUBLISHED EVERY MORNING MONDAY THROUGH FRTDAY, SATURDAY A D SUNDAY MORNING ST. AUGUSTINE AND ST, JOHNS COUNTY, FLORIDA

STATE OF FLORIDA, COUNTY OF ST. JOHNS

Before the undersigned authority personally appeared AMANDA N. BRUNK who on oath says that she is an Accounting Clerk of the St. Augustine Record, a daily newspaper published at St. Augustine in St. Johns County, Florida:
that the attached copy of advertisement, being a NOTICE OF PUBLIC HEARING

In the matter of  SJC BCC / TURNBULL CREEK

in the Court, was pubhshed in said newspaper in the issues of

JUNE 1, 2004

Affiant further says that the St. Augustine Record is a newspaper published
at St. Augustine, in said St. Johns County, Florida, and that the said newspaper heretofore been continuously published in said St. Johns County, Florida, each day and has been entered as second class mail matter at the post office in the
City of St. Augustine, in said St. Johns County, for a period of one year preceding the first publication of the copy of advertisement; and affiant further says that
she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing the advertisement for publication in the said newspaper.

Sworn to and subscribed before me this  1ST  day of  JUNE 2004

by  t1\ md c  -  , , NI bho    is personally lrnown to me or whoas produced P SOALLY KNOWN as identification.

(Signature of Notary Public)

i,...,,t'\ Panicia A. Bergquist

,_	• My Commission D0275991
\°'"-,; Expires December 1B, 2007
(Seal)

PATRICIA A BERGQUIST

ORDINANCE RO()K 3t	PAGE lD.::i{

NOTICE OF PUBLIC HEARING

flI•{ I

St. Johns County Board of County Commissioners for the
Establishment of the Turnbull Creek Community Development District
!!Are June 22, 2004
TIME: 1:30 p.m.
LOCATI N: County Auditorium at the County Administrative Complex 4020 Lewis Speedway (County Road 16A and U.S. 1 North)
St. Augustine, Florida
NOTICE OF PUBLIC HEARING
In compliance wilh the provisions ol Chapter 190, Florida SLalutes, a public hearing will be held by lhe St. Johns County Board of County Commissioners beginning at 1:30 p.m., June 22, 2004, in lhe County AudHorium at the County Administrative Complex, 4020 Lewis Speedway (Courity Road 16A and U.S. 1 North), St. Augustine, Florida, to consider an ordinance to granl a petition to establish the Turnbull Creek .Community Development District. Th_e Ulla of the pro­ p·osed ordinance Is as follows:

AN ORDINANCE ESTABLISHING THE TURNBULL CREEK COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STAT­ UTES (2003); NAMING THE DISTRICT; DESCRIBING THE EXTERNAL BOUND­ ARIES OF THE DISTRICT; DESCRIBING THE FUNCTIONS AND POWERS OF THE DISTRICT; DESIGNATING FIVE PERSONS TO SERVE AS THE INITIAL MEMBERS OF THE DISTRICTS BOARD OF SUPERVISORS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

The "proposed community development district is comprised ol approximately 389 acres, located south or S.R. 16, easl of Pacetti Road (C.R. 13-A), and north of
C.R. 208., as depicted on the map below. The petitioner has proposed lo establlsh the Turnbull Creek Community Development District to plan, finance, acquire, con­ slruct, operate and mS.intaln inlrastruclure and community lacllities, which may be authorized, under Florlda law, Including, but not limited to, Stormwater man­ agemenl improvements, water and sewer lacilities, roads and street lghts, enlry monumenlatlon, landscaplng and parks and recreational facilitles. Coples of lhe pelillon, deparbnem reports and proposed ordinance are open to public inspec­ tion at the office or the Clerk o1 Iha Board of County Comriiissioners at the St. Johns County Adminlsti'ation Con;iplex, 4020 Lewis Speedway (C.R. 16A and U.S. 1 North).

All inlerested persons and affected units of general-purpose govemmenl shall be given an opportunity to appear at the hearing and presenl oral or _written eom­ menLS on the petition. Any persons or affected unit of general-purpose local gov­ ernment, who wishes to appeal any decision made by the Board with respect' lo any matter considered at this public hearing wlll need a record of the proceedlngf;I. For that purpose lhe person or unll of general-purpose local government may need to insure thal a verballm record ol lhe proceedings is made that includes lhe testimony and evidence upon which the appeal is10 be based.

NOTICE TO PERSONS NEEDING SPECIAL ACCOMMODATIONS AND TO ALL
HEARING IMPAIRED PERSONS: In accordance with the Americans with Dis­ abililies Act, persons needing a speclal accommodation or an imerpreler 10 par­ ticipale In the proceedings should contact ADA Coordinator, at (904) 823-2501 or at the County Administration Building, 4020 Lewis Speedway, St. Augusline, FL 32095. For hearing impaired individuals: Ti,,lecommunication Device for Iha Deal (TDD:) 823-2501 or Florida Relay Service: 1-800-955-8770, no later lhan 5 days prior to the date ol the hearing.

BOARD OF COUNTY COMMISSIONERS ST.JOHNS COUNTY, FLORIDA
KAREN A. STERN, CHAIRPERSON
File Number: COD _2004-01 Turnbill Creek Community_ Development District

ORDINANCE BOOK PAGE u	

 ·	-r	

COPY OF ADVERTISMENT
THE ST. AUGUSTINE RECORD
PUBLISHED EVERY MORNING MONDAY THROUGH FRIDAY, SATURDAY AND SUNDAY MORNING ST. AUGUSTINE AND ST. JOHNS COUNTY, FLORIDA

STATE OF FLORIDA, COUNTY OF ST. JOHNS

Before the undersigned authority personally appeared AMANDA N. BRUNK who on oath says that she is an Accounting Clerk of the St. Augustine Record, a daily newspaper published at St. Augustine in St. Johns County, Florida:
that the attached copy of advertisement, being a NOTICE OF PUBLIC HEARING

In the matter of TURNBULL CREEK

in the Court, was published in said newspaper in the issues of

JUNE 8, 2004

Affiant further says that the St. Augustine Record is a newspaper published
at St. Augustine, in said St. Johns County, Florida, and that the said newspaper heretofore been continuously published in said St. Johns County, Florida, each day and has been entered as second class mail matter at the post office in the
City of St. Augustine, in said St. Johns County, for a period of one year preceding the first publication of the copy of advertisement; and affiant further says that
she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing the advertisement for publication in the said newspaper.

Sworn to and subscribed before me this 8TH  day of JUNE 2004
bv----.1 0 fl dJ olo, "fi 	4 v,(lk who is personally known to me o has producedERSONALLY KNOWN as identification.

r a.

r.' 1\_ Pahicll A. Bergqui■t
:,_..	; My Comrni11ion 00271991
o, ,.. Expires December 18 2007

(Signature of Notary Public)	(Seal)

PATRICIA ABERGQUIST

ORDINANCE BOOK -3··JPAGE --ta.;it.D

NOTICE OF PUBLIC HEARING
St. Johns County Board of County Commissioners for the
Establishment of the Turnbull Creek Community Development District

II	/

DATE June 22, 2004

0O'.

I!Mt._1:30 p.m.	.

LOCATION: County Auditorium at the County Administrative Complex 4020 Lewis Speedway (County Road 16A and U.S. 1 North)
St. Augustine, Florida
NOTICE OF PUBLIC HEARING
In compliance with the provisions of Chapter 190, Florida Slalules, a public hearing will be held by the St. Johns County Board or County Commissioners beginning al 1:30 p.m., June 22, 2004, in the County Auditorium al Lhe County Administrative Complex, 4020 Lewis Speedway (County Road 16A and U.S. 1 North), St. Augustine, Florida, to consider an ordinance to,grant a petition to establish lhe Turnbull Creek Community Development Districl. The title ol the pro­ posed ordinance is as follows'.

AN ORDINANCE ESTABLISHING THE TURNBULL CREEK COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190. FLORIDA STAT­ UTES (2003); NAMING THE DISTRICT; DESCRIBING THE EXTERNAL BOUND­ ARIES 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 A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

The proposed community developmenl dlslrict is comprised or approximately 389 acres, localed sou(h ol S.R. 16, east ol Pacetti Road (C.R. 13-A), and north of
C.R. 200; as depicted on the map below. The petitioner has proposed to establish the Turnbull.Creek Community Developmenl Disrrlct to plan, finance, acquire;con­ struct,·operate and malr;ilatn inlrastructure and community faciliUes, which-may be authorized, under Florit;ia· law, including, but no! limited to, slormwater man­ agement improvements, water and.sewer facililies, roads and street llghts, entry monumenlation, landscaping and parks and recreational lacilities. Copies of the pelilion,_ department reports and proposed ordinance are open to pu.bllc inspec­ tion at the offiC'3 of the Clerk pf the Board of County cOmmlssioners at the SL Johns County Administration Complex, 4020 Lewis Speedway (C.R. 16A and U.S. 1 North). •	•

All inlerested·persons and affected unils or general-purpose government shall be given an opportunity to appear at the hearing and present oral or written com­ ments on rhe petition. Any perSOns or affected unit of general-_purpose local gov_­ ernmenl, who wishes lo appeal,any decision made by·1ha Board with respect to aliy n'latler considered at this p1,1blic hearir'lg will need record of lhe procee'dings. For thal purpose lhe person or unit or general-purpose local govemmenl may need to Insure that a verbalim record of lhe proceedings iS made thal includes the testimony and e\lidence upon which the a peal is to be based.

NOTICE TO PERSONS NEEDING SPECIAL ACCOMMODATIONS AND TO ALL
HEARING IMPAIRED PERSONS: In accordance with the Americans with Dis­ abilities Act, persons needing a special accommodation or an interpreter 10 par­ ticipele in the prOCEledings should contact ADA Coordinator, at (904) 823-2501 or at lhe COunty Adrnlnistrcilion Bullding, 4020 Lewis Speedway, 'St. AuguStlne, FL
:32095. For hearing Impaired Individuals: Telecommunication Device for lhe Deal (TDD:) 823-2501 or Florida Relay Seivice: 1-800-955-877.0, no later than 5 days prior 10 the date of. ihe hearing.

BOARO OF COUNTY COMMISSIONERS ST.JOHNS COUNTY. FLORIOA
KAREN R. STERN, CHAIRPERSON
FIie Number: CDD 2004-01 Turnbill Creek Community Development District

r

ORDINANCE BOOK PAGE lP:!1

COPY OF ADVERTISMENT
THE ST. AUGUSTINE RECORD
PUBLISHED EVERY MORNING MONDAY THROUGH FRIDAY, SATURDAY AND SUNDAY MORNING ST. AUGUSTINE AND ST_ JOHNS COUNTY, FLORIDA

STATE OF FLORIDA, COUNTY OF ST. JOHNS

Before the undersigned authority personally appeared AMANDA N. BRUNK who on oath says that she is an Accounting Clerk of the St. Augustine Record, a daily newspaper published at St. Augustine in St. Johns County, Florida:
that the attached copy of advertisement, being a NOTICE OF PUBLIC HEARING

In the matter of  TURNBULL CREEK

in the Court, was published in said newspaper in the issues of

JUNE 15, 2004

Affiant further says that the St. Augustine Record is a newspaper published
at St. Augustine, in said St. Johns County, Florida, and that the said newspaper heretofore been continuously published in said St. Johns County, Florida, each day and has been entered as second class mail matter at the post office in the
City of St. Augustine, in said St. Johns County, for a period of one year preceding the first publication of the copy of advertisement; and affiant further says that
she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing the advertisement for publication in the said newspaper.

Sworn to and subscribed before me this  15TH  day of  JUNE 2004

b	' ,ooocalo--tl- ,, ,.0bhoispersonallyknowntome or who has produced PERSOALLY KNOWN as identification.

! 'j	. My Cor.-.., .!:,,,)n 00275991

"	/ Exp.res u i.:.rnlJt:; 1B, 2007

..

(Signature of Notary Public)

(Seal)

,	.-'\, Patlicia A Bergquisl

PATRICIA ABERGQUIST

ORDINANCF 8001< 3J PAGE i}

NOTICE OF PUBLIC HEARING
St. Johns County Board of County Commissioners
.	.	for the	•

l

Esta lish	t of the Turnbull Creek Community Development·District
DATE: June 22, 2004
TIME: 1:30 p.m.
N: ou	Auditorium at the County Administrative Complex 20 Lewis Speedway (County Road 16A and U.S. 1 North)
St. Augustine, Florida
NOTICE OF PUBLIC HEARING
In compliance with lhe provisions or Chapter 190, Florida Statutes, a public hearing wlll be held by lhe St. Johns County Board or County Commissioners beginning at 1:30 p.m., June 22, 2004, in the County Auditorium al the County Administrative Complex, 4020 LewiS Speedway (County Road 16A and U.S. 1 Non.h), SI. Augustine, Florida, to consider an ordinance lo grant a pelllion to establish the Turnbull Creek Community Development District. The title ol the pro­ posed ordinance is as loi'lows:

AN ORDINANCE ESTABLISHING THE TURNBULL CREEK COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STAT­ UTES (2003); NAMING THE DISTRICT; DESCRIBING THE EXTERNAL BOUND­ ARIES OF THE DISTRICT; DESCRIBING THE FUNCTIONS AND POWERS OF THE DISTRICT; DESIGNATING FIVE PERSONS TO SERVE AS THE INITIAL MEMBERS OF THE DISTRICTS BOARD OF SUPERVISORS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

The proposed commu_nity developmenl district is comprised or approximately 389 acres, located south cl S.R. 16, east cl Pacetti Road (C.R. 13-A), and north cl
C.R. 20B, as depicted on the map below. The petitioner has proposed lO establish the Turnbull Creek Community Developmenl District to plari, Hnance, acquire, con­ struct, operate and maintain inlrastruclure and community facilities, which maY be aulhortzed, under Florida law, including, but not limited to, stormwater man­ agement Improvements, water and sewer facililies, roads and street lights, entry monumentation, landscaping and parks and recreatlonal facililles. Copies or lhe petition, department reports and proposed ordlna_nce ere open lO public inspec­ tion at the office ol the Clerk ol the Board ol County Commissioners et the SI. Johns CountyAdmiriistrallonComplex, 4020 Lewis Speedway (C.R. 16A and U.S.
1 North).
All lnteresled persons and affected units or general-purpose government shall be given en opportunity to appear et the hearing and present oral or written com­ ments on the petition. Any persons or affected unit ol general-purpose local gov­ ernment, who wishes to appear any decision made by the Board wilh respect to any matter considered at this publlc hearing wlll need a record al the proceedings. For that purpose the person or unit of general-purpose local government may need to insure that a verbatim record ol lhe proceedings Is made lhal Includes the leslimony and evidence upon which the appeal is t0 be based.

NOTICE TO PERSONS NEEDING SPECIAL ACCOMMODATIONS AND TO ALL
HEARING IMPAIRED PERSONS: In accordance with the Americans wllh Dis­ abililies Act, persons needing,a speclal accommodation or an Interpreter to par­ ticipate in the prcceedings should contacl ADA Coordinator, al (904) 823-2501 or at the County Administration Bulldlng, 4020 Lewis Speedway, St. Augusline, FL 32095. For hearing impaired Individuals: Telecommµnlcation Device for the Deaf (TDD:) 823-2501 or Florida Relay Service: 1-B00-955-Bno, no later 1han 5 days prior to the dale or tile heating.	•

BOARD OF cquNTY COMMISSIONERS ST.JOHNS COUNTY, FLORIDA
KAREN R. STERN, CHAIRPERSON
File Number: COO 2004-01 Turnbill Creek Communiry Development District

ORDINANCE BOOK JPAGE	9