APPROVED

afl/s

BY ORANGE COUNTY BOARD GF COUNTY COMMISSIONERS

NOV O S 199 8 
Effective   Date:	ORANGE COUNTY ORDINANCE NO. 98-30

November 10, 1998

AN AMENDED AND RESTATED ORDINANCE ESTABLISHING THE FALCON TRACE COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES (1997); 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.

WHEREAS, the Falcon Trace Partners Limited Partnership, a Delaware limited partnership ("Petitioner"),  having  obtained written consent  to the establishment of the District  by the owner  of 100 percent of the real property to be included in the District, petitioned the Board of County Commissioners of Orange County (the "County") to adopt an ordinance establishing the Falcon Trace Community Development District (the "District") pursuant to Chapter 190, Florida Statutes (1997); and

WHEREAS,	Petitioner	is	a		Delaware	limited		partnership authorized	to	conduct	business		in	the	State	of	Florida	whose address  is 5151  San  Felipe,  Suite 1445,  Houston,		Texas 77056; 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 February 10, 1998 and continued
to March 31, 1998; 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
91709.3

 	

of	the	state		comprehensive comprehensive	plan,	that	the

plan land

or	the	local	government 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 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; and,
WHEREAS,	the	County	previously	adopted	Ordinance	98-10

establishing the Falcon Trace Community Development District which ordinance was effective on April 8, 1998, but has since  determined that there existed a scrivener's error in  the  legal  description included in that Ordinance; and
WHEREAS, the County desires to amend and restate Ordinance 98-
10 to correct that scrivener's error; and now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY, FLORIDA:

91709.3	2

SECTION 1. AUTHORITY. This ordinance is adopted in  compliance with and pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes (1997).
SECTION 2. DISTRICT NAME. There is hereby created a community development district situated entirely within unincorporated Orange County, Florida, which District  shall  be known as the "Falcon Trace Community Development District."
SECTION 3.	EXTERNAL BOUNDARIES OF THE DISTRICT.	Encompassing
approximately 360 acres, the  external  boundaries  of  the  District are described in Exhibit A attached hereto, the overall parcel containing 360 acres, more or less.

SECTION 4. FUNCTIONS AND POWERS. The District is limited to the performance of those specialized functions described in Chapter 190, Florida Statutes. In the exercise of its powers,  the  District shall comply with all applicable governmental  laws,  rules, regulations and policies governing planning and permitting of the development to be served by the District.  The  District shall  not have any zoning or permitting  powers  governing  development.  No debt or obligation of the District shall constitute a burden on any local general-purpose government without its consent. Consent is hereby given, pursuant to Section 190.012 (2) , Florida Statutes, to the District to exercise the following powers: parks  and  facilities for indoor  and  outdoor   recreational,   cultural,   and   educational uses; and 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.
91709.3	3

SECTION 5. BOARD OF SUPERVISORS. The five persons designated to serve as initial members of the  District's Board  of  Supervisors  are as follows:

s.

J. Thomas Gillette, III David Wright
Thomas	Liebrecht Glenn Marvin
Luis Alfredo Rodriguez�wailing

All of the above-listed persons are residents of the state of Florida and citizens of the United States of America.
SECTION 6.  SEVERABILITY.  If any provision of this ordinance is held to be illegal or invalid,  the other provisions shall remain  in full force and effect.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect pursuant to general law; provided, however, that the date of the establishment of the Falcon Trace  Community  Development  District shall be determined in accordance with  the  effective date  of  Ordinance 98-10.

Adopted  this  .3rd_ day  of Jueruw1998.
orange county, Florida

By:	L�� -

� By:	Board of County Commissioners

ATTEST:

Linda W. Chapin
orange County Chairman

91709.3	4

EXHLeIBgaITl A

A TRACT OF LAND LYING IN SECTIONS 26, 27, 34 AND 35, TOWNSHIP 24 SOUTH, RANGE �g EAST, BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 27 FOR A POINT OF REFERENCE; THENCE RUN NORTH 89'25'16" EAST, ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER,
1401.92 FEET TO A POINT LYING ON THE PROPOSED EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 441 (ORANGE BLOSSOM TRAIL) SAID POINT BEING 25.00 FEET, PERPENDICULAR MEASURE, FROM THE EAST RIGHT-OF-WAY OF SAID
U.S.	HIGHWAY 441,	ACCORDING TO STATE OF FLORIDA ROAD DEPARTMENT	RIGHT-OF.;..WAY MAP,	F.A. PROJECT NO. 242-C,
SHEET 1 OF 15, DATED FEBRUARY 24, 1940; THENCE RUN  SOUTH  00'03'47" EAST, ALONG SAID PROPOSED EASTERLY RIGHT-OF-WAY LINE, 206.05 FEET TO A CURVE CONCAVE NORTHEASTERLY, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 75.00 FEET, A CENTRAL ANGLE OF go·oo·oo", AN ARC LENGTH OF 117.81 FEET, A CHORD LENGTH OF 106.07 FEET, AND A CHORD BEARING OF SOUTH 45'03'47" EAST TO THE POINT OF TANGENCY; THENCE
RUN NORTH 89'56'13" EAST, 353.07 FEET; THENCE RUN NORTH 89'34'20" EAST, 804.38 FEET; THENCE RUN NORTH 89'56'13" EAST, 310.07 FEET; THENCE RUN NORTH 00'03'47" WEST, 432.52 FEET; THENCE RUN NORTH 88"24'46" WEST, 342.37 FEET; THENCE RUN NORTH 16'02'30" WEST, 36.23 FEET; THENCE RUN NORTH 09'43'17" WEST, 77.36 FEET; THENCE RUN NORTH 40'20'09" WEST, 50.40 FEET; THENCE RUN NORTH 57'06'46" WEST, 485.62 FEET; THENCE RUN NORTH 21"26'58" WEST, 182.87 FEET; THENCE RUN NORTH 26'37'30" EAST, 97.87 FEET; THENCE RUN NORTH 21'51'28" WEST,
304.51 FEET; THENCE RUN NORTH 45'55'3D" WEST, 168.01 FEET; THENCE RUN
NORTH 1-1'53'20" WEST, 160.53 FEET; THENCE RUN NORTH 09'41'34"
WEST, 149.17 FEET; THENCE RUN NORTH 01'15141" EAST, 122.81 FEET TO A POINT LYING ON A NON-TANGENT CURVE CONCAVE SOUTHERLY AND THE
SOUTHERLY RIGHT-OF-WAY LINE OF SOUTHCHASE ROAD ACCORDING TO THE ORANGE COUNTY RIGHT-OF-WAY MAP, PROJECT NO. Y5-807, SHEETS, 3, 4, 5 AND 6 OF 16, PREPARED BY BOWYER-SINGLETON & ASSOCIATES, INC., DATED MARCH 1, 1996; THENCE RUN ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLO'MNG COURSES: RUN EASTERLY ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 2034.30 FEET, A CENTRAL ANGLE OF 10'34'03", AN ARC LENGTH
OF 375.20 FEET, A CHORD LENGTH OF 374.67 FEET, AND A CHORD BEARING OF
SOUTH 76'32'11" EAST; THENCE, RADIAL TO SAID CURVE, RUN NORTH
18'44151" EAST,  5.62  FEET;  THENCE  RUN  SOUTH  71'15'09"  EAST,  129.83 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY; RUN
EASTERLY ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 2159.92 FEET, A
CENTRAL ANGLE OF 11'49156", AN ARC LENGTH OF 446.05 FEET, A CHORD LENGTH OF 445.26 FEET, AND A CHORD BEARING OF SOUTH 77'10'07" EAST
TO THE POINT OF TANGENCY; RUN SOUTH 83'05105" EAST,  1703.77 FEET  TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY; RUN EASTERLY
ALONG SAID CU.RVE, HAVING A RADIUS LENGTH OF 3997.00 FEET, A CENTRAL ANGLE OF 06'.30'.30", AN ARC LENGTH OF 454.03 FEET, A CHORD LENGTH OF
45.3.78 FEET, AND A CHORD BEARING OF SOUTH 86'20'20" EAST TO THE POINT OF TANGENCY; RUN SOUTH 89'35'35" EAST, 95.38 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHERLY; RUN SOUTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 924.25 FEET; A CENTRAL ANGLE OF 30'45'00"'AN ARC LENGTH OF 496.03 FEET, A CHORD LENGTH OF

490.10 FEET AND A CHORD BEARING OF SOUTH 74'13'06" EAST TO THE POINT OF TANGENCY; RUN SOUTH 58'50'35" EAST, 118.34 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY; RUN SOUTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 721.78 FEET;   A  CENTRAL  ANGLE  OF  30'45'00";   AN  ARC  LENGTH  OF  387.37  FEET;   A CHORD LENGTH OF 382. 74 FEET AND A CHORD BEARING OF SOUTH
74'13105" EAST TO THE POINT OF TANGENCY; RUN SOUTH 89'35'35" EAST,

88.08 FEET TO A POINT LYING ON THE WESTERLY LIMITED ACCESS RIGHT-OF-

WAY  LINE  0� _THE

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EXHIBIT A - Legal
page 2

_____ ACCORDING TO SUNSHINE STATE PARKWAY RIGHT-OF-WAY MAP PROJECT NO.
2-SECTION 11, SHEETS 1 AND 2- OF 5, DATED OCTOBER 25, 1961 AND SHEET 2 OF 2, DATED OCTOBER 16, 1961: THENCE, DEPARTING THE AFORESAID SOUTHERLY RIGHT-OF-WAY LINE, RUN ALONG SAID WESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE THE FOLLOWING COURSES: RUN SOUTH 0_5'39'47" EAST,

295.70 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY; RUN SOUTHERLY ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 7839.44 FEET, A CENTRAL ANGLE OF 13"41'33",  AN ARC LENGTH OF 1873.46 FEET, A CHORD LENGTH OF 1869.01 FEET, AND A CHORD BEARING OF SOUTH 12'30'33" EAST TO THE POINT OF TANGENCY; RtJN SOUTH
19'21'20" EAST, 344.91 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 527 (ORANGE AVENUE),
ACCORDING TO STATE ROAD PLAT BOOK 2, SECTION 75040, PAGES 66 AND 67; THENCE, DEPARTING THE AFORESAID WESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF THE SUNSHINE STATE PARKWAY, RUN ALONG SAID WESTERLY RIGHT­ OF-WAY LINE OF STATE ROAD NO. 527 THE FOLLOWING COURSES: RUN SOUTH 32'36'14" WEST, 390.92 FEET; RUN SOUTH 27'29'38" WEST, .378.25 FEET;
RUN SOUTH 56'33'10" EAST, 30.00 FEET; RUN SOUTH 33'26'50" WEST, 1116:50 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE

. SOUTHEASTERLY; RUN SOUTHERLY ALdNG SAID CURVE, HAVING A RADIUS	 LENGTH OF 508.20 FEET, A CENTRAL ANGLE OF 31'49'59", AN ARC LENGTH
OF 282.35 FEET, A CHORD LENGTH OF 278.73 FEET, AND A CHORD BEARING OF SOUTH 17'31'50" WEST�· THENCE, 0EPAR-TING SAID WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 527, RUN NORTH 87'15'40" WEST, 349.86 FEET; THENCE RUN NORTH 71'37'07" WEST, 351.84 FEET; THENCE RUN NORTH 44'19'33"

°

WEST, 397.68 FEET; THENCE RUN SOUTH 67'52'53" WEST, 415.9.3 FEET; THENCE RUN NORTH 76'57'27" WEST, 102.29 FEET; THENCE RUN NORTH 54'33'44" WEST, 569.80 FEE:T; THENCE RUN NORTH 1418'35" EAST, 413.50 FEET; THENCE RUN SOUTH 77 19'49" WEST, 471.03 FEET; THENCE RUN NORTH 13'58'52" WEST, 340.92 FEET; THENCE RUN NORTH 03'42'50"

WEST, 285.47 FEET; THENCE RUN NORTH 44'29'25" EAST, 357.99 FEET; THENCE RUN SOUTH 83'42'50" EAST, 355.50 FEET; THENCE RUN NORTH 06'36'58" WEST, 153.87 FEET; THENCE RUN SOUTH 86'4.3'41" WEST, 609.22 FEET; THENCE RUN NORTH 71'37'15" WEST, 329.80 FEET; THENc;E RUN NORTH 63'13'15" WEST, .300.49 FEET; THENCE RUN SOUTH 84'0.3'52"

WEST, 330.53 FEET; THENCE RUN SOUTH 54'38'52" WEST, 441.89 FEET; THENCE RUN SOUTH 86'10'20" WEST, 291.48 FEET; THENCE RUN NORTH 46'16'19" WEST, 147.09 FEET; THENCE RUN NORTH 01'22'53" WEST, 113.12 FEET; THENCE RUN NORTH 19'29'38" EAST, 409.15 FEET; THENCE RUN NORTH 71'41'54" EAST, 170.45 FEET; THENCE RUN NORTH 84'07'49" EAST,
564.62 FEET; THENCE RUN NORTH 00'02'55" WEST, 353.40 FEET; THENCE RUN NORTH 02'45'34" WEST, 198.00 FEET; THENCE RUN SOUTH 87'30'43"
WEST, 464.51 FEET; THENCE RUN SOUTH 87'27'48" WEST, 358.54 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY; THENCE

RUN SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 75.00 FEET, A CENTRAL ANGLE OF 87'31'.35", AN ARC LENGTH OF 114.57 FEET, A CHORD LENGTH OF 103.75 FEET, AND A CHORD BEARING OF SOUTH
43'42'00" WEST TO A POINT LYING ON THE AFORESAID PROPOSED EAST
RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 441; THENCE RUN NORTH 00'03'47" WEST, ALONG SAID PROPOSED EAST RIGHT-OF-WAY LINE, 270.03 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND LIES IN ORANGE COUNTY, FLORIDA AND CONTAINS 360.934 ACRES, MORE OR LESS.