,!

..	Amended 8/27/19
Introduced and amended by the Transportation, Energy and Utilities
Committee:
3
4
ORDINANCE 2019-483-E

AN

ORDINANCE	ESTABLISHING	BOGGY	BRANCH

COMMUNITY DEVELOPMENT DISTRICT ("BOGGY BRANCH
CDD"); DESCRIBING THE EXTERNAL BOUNDARIES OF
BOGGY BRANCH COD; NAMING BOGGY BRANCH COD;
NAMING THE INITIAL BOGGY BRANCH COD BOARD OF

SUPERVISORS;	AMENDING	CHAPTER	92
COMMUNITY  DEVELOPMENT  DISTRICTS},
CODE,	SECTION	92.22	(EXISTING

(UNIFORM ORDINANCE COMMUNITY

DEVELOPMENT DISTRICTS) TO INCLUDE BOGGY BRANCH
CDD; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
17
WHEREAS, Sawmill Timber, LLC, a Florida limited liability
corporation, petitioned the City Council to establish a comrnunity
development  district  named Boggy Branch Community  Development
District (the "Boggy Branch COD") on approximately 556.56 acres
lying wholly within the boundaries of the City pursuant to. Section
190.005(2), F.S., and Chapter 92, Ordinance	Code,	a copy of the
Amended	&	Restated  Petition  to  Establish  Boggy  Branch  COD
("Petition") is Revised On File, labeled as "Revised On File TEU -
26	August 19, 2019" with the Legislative Services Division; and
WHEREAS,	as required by Section 92.07, Ordinance	Code,	the
Office of General Counsel has reviewed the Petition and finding
that it was sufficient and complete to permit the fair and informed
consideration of the matter by the Council has prepared and
submitted its Final Report of Counsel, attached hereto as	Exhibit

Amended 8/27/19
1; and
WHEREAS, the Planning and Development Department has provided
its report  and recommendation regarding  the Petition  to the
Transportation, Energy and Utilities Committee; and
WHEREAS,	Petitioner  acknowledges  that  nothing  about  the
adoption of this Ordinance shall in any way waive any of the
City's, or any other governing or regulatory entities' rights to
grant or not grant entitlements for the development to be serviced
by Boggy Branch (the "Development"), or otherwise prejudice the
City's, or any other governing or regulatory entities', ability to
govern or regulate the planning or permitting of the Development;
and
WHEREAS,	the Counsel has determined the Petition adequately
meets the requirements of Section 190.005, F.S. and Section 92.04,
Ordinance Code, and is therefore complete and sufficient to permit
fair and informed review thereof; and
WHEREAS,	all notice requirements of Ch. 190, F.S., Section
92.11, Ordinance Code, and other applicable laws were complied
with, complete notice was timely given, and a public hearing held
on the date and time noticed and conducted thereafter in compliance
with Ch. 190, F.S. and all applicable laws; and
WHEREAS, i making its fair and informed determination whether
to grant or deny the Petition, the Council has considered the
Petition in light of the record developed at the public hearing and
in relation to the six factors set forth in Section 190.005(1)(e),
F.S., now, therefore
BE T ORDAZNED by the Council of the City of Jacksonville:
Section  1.	Name.	A community development district is
hereby established within the City to be known hereafter as Boggy
Branch Community Development istrict.
Section  2.	Boundaries.	The boundaries of 'Boggy Branch

Amended 8/27/19
Community Development District established by this ordinance .are as
set forth in the legal description contained in the Petition to
Establish Boggy Branch Community Development District ("Petition")
which is Revised On Fil.e,  labeled as "Revised On File TEU - August
19, 2019" with the Legislative Services Division.	The legal
description and boundary sketch found within the Petition are
attached  hereto  as  Revised  Exhibit  2,	labeled as "Revised Exhibit
2, Rev Legal Description TEU - August 19, 2019".
Section  3.	Board	of	Supervisors.	The following five
persons, as set forth in the Petition, are designated to be the
initial members of the governing Board of Supervisors ("Board") of
Boggy Branch Community Development District:

a.
b.

.Jan Malcolm Jones, Jr. Arthur Chester Skinner, IV

c.	James DuBois Farrar, III
d.	Breanna Danae Bohlen
e.	Bryan David Hassel
Section  4.	Amending	Chapter	92	(Unifol:m	Community
Devel.opment	Districts),	Section	92.22	(Existing	Community
Devel.opment	Districts),	Ordinance  Code.	Section 92.22, Ordinance
Code, is hereby amended to read as follows:
Sec. 92.22. - Existing Community Devel.opment Districts.

23	The	following CDDs have been established in the City:	
24	(1-)	Bainebridge  Community Development  District. The	
25		Bainebridge Community Development District was	
26		established in Ordinance 2005-1417-E. The City granted	
consent to the Bainebridge Community Development District
to exercise special powers related to parks and
facilities for indoor and outdoor recreational, cultural
and educational uses in Ordinance 2006-592-E.
31	* * *

Amended 8/27/19
(19) Boggy Branch Community Development District.	Boggy
Branch Community Development District was established in
Ordinance 2019-483 E.
Section  5.	Conf1ict	and· Severabi1ity.	.	Any portion of

this  ordinance  determined  finally  by  a  court  of  competent
jurisdiction to be in conflict with prevailing law shall not be
effective to the extent of such conflict, and shall be deemed
severable and the remainder shall continue in full force and effect
to the extent legally possible.
Section  6.	Effective	Date.	This ordinance shall become
effective upon signature by the Mayor or upon becoming law without
the Mayor's signature. 13
14	Form Approved:

15
16
7
Office of General Counsel
Legislation Prepared By: Susan C. Grandin
GC-tl301872-vl-2019-483-E.doc

JASON R. GABRIEL*
GUNERAL CouNsi.1.

OFFICE OF GENERAL COUNSEL

CITY OF JACKSONVILLE

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117 WEST DUVAL STRF.F.T, SUITE 480
JACKSONVILLE, FLORIDA 32202

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July 2. 2019

Katie S. Buchanan, E'iq.
Hopping Green & Sams, P.A.
119 South Monroe Street, Suite 300 Tallahassee, Florida 3230 I

RE:	Office of General Counsel Final Report
On the Petition to Establish the Boggy Branch Community Development District
Dear Ms. Buchanan:

The Office of General Counsel ("Counsen, pursuant to Section 92.07, Ordinance Code, has completed its review of the Petition to Establish the Boggy Branch Community Development District (the "Petition"), submitted May 23, 2019.

Counsel has determined that the Petition is sufficient and complete to permit the fair and informed consideration of the matter by the City Council. I only had one question and that was regarding the Proposed Board Members. Sec. 92.04(d), Ordinance Code, requires that if any proposed board member is a "relative" of a landowner or petitioner within the meaning of Sec. 112.3143, Florida Statutes, then the "nature and extent" of such relationship shall be disclosed. Thank you for providing this explanation, which is attached hereto as Attachment 1 to the Final Report of Counsel.

This Final Report will be forwarded to the Planning and Development Department for their use in drafting a Department report and recommendation. All the statements contained in the Petition not intended to be disposed of by the Department report and recommendation are true and correct, and the Petition is not contrary to any provision of applicable general or special law or the City Charter.

Office Telephone
(904) 255-5100

Writer's Direct Linc (904) 255-5097

Fucsimilc
{904) 255-5119

Writer's E-Mail Address SOrJndin@coj.ne1

Office '&et\ Si!
GcncralCou m.,,.Mm

July 2, 2019
Page 2

We note that you have requested consent for the Boggy Branch Community Development District to exercise special powers regarding recreational facilities and for security. Unfortunately, this request will not be included in the legislation regarding the establishment Petition. Pursuant to Sec. 92.15, Ordinance Code, as we discussed, that request must attach a formal resolution of the CDD's governing board of supervisors, which, of course, will not be formed until this current Petition is approved and your board of supervisors has a meeting and passes a resolution requesting these powers.

We anticipate that the legislation to move this Petition forward will be introduced at the City Council meeting on July 23, 2019. In your notice regarding the Petition that is to run for four consecutive weeks prior to the Council public hearing, based on the Introduction date of July 23, 2019, the public hearing required before the full Council should be noticed as August 27, 2019. The various Committees of Council to which it will be assigned are not yet known, but the week of August 19th will be when the Committee(s) will take up this bill. You are not required to include these Committee public meetings in your notice.

Sinc	e

eGrandin
Assistant General Counsel

cc: William Killingsworth, Director, Planning and Development Department Kristen Reed, Planning and Development Department
Shannon K. Eller, Chief, Land Use Division Jason Teal, Deputy General Counsel

GC-lil2Y/530-vl-8c>ggy Creek..C/J/J. Fine,/ Report ,>J Cmmsel.dtJc1

Exhibit 1

Attachment 1

Aticr11c,s and Coun'.,elor

June 28,2019

VIA OVERNIGHT DELIVERY

Su an C. Grandin, Esq.
Assistant General Counsel
City of Jacksonville Office of General Coun,el
117 W. Duval Street, Suite 480
Jacksonville, Florida 32202

Re:	Petition to Establish the Boggy Branch Community Development District

Dear Ms. Grandin:

Plea-;e find below a description of the nature and extent of the relationships between the Manager1.,of Petitioner, Sawmill Timber, LLC, and the proposed Board Members of the propor.;ed Boggy Branch Community Development Dir.;tricl, pursuant lo Section 92.04(d) of Chapter 92, City of Jacksonville Uniform Community Development Ordinance Code and Section 112.3143, Florida Statutes:

	RELATIONSHIP TO
CHRIS SKINNER (MANAGER)	RELATIONSHIP TO
EDWARD JONES (MANAGER)	
Jan Malcolm Jones, Jr.	Cousin	Brother	
Arthur Chester Skinner, IV	Ne hew	Cousin	
James DuBois Farrar, III	No Relation	No Relation	
Breanna Danae Bohlen	No Relation	No Relation	
Br an David Ha sel	No Relation	No Relation	

Please do not hesitate to contact me if you have any additional questiom or concerns.

Sincerely,

'	-	
Katie S. Buchanan

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www.etminc.com tel 904-642-8550 • fax 904-642-4165
14775 Old St. Augustine Road• Jacksonville, Florida 32258

Revised July 19, 2019
April 30, 2019
Page 1 of 2

Work Order.No. 19-078.01 File No. 125D-17.01B

Boggy Branch CDD

A portion of Sections 16 and 17, Township 3 South, Range 28 East, Duval County, Florida, being a portion of those lands described and recorded in Official Records Book 17036, page 2398, of the current Public Records of said county, being more particularly described as follows:

For a Point of Beginning, commence at the Southeasterly corner of said Section 17, thence South 88°15'27" West, along the Southerly line of said Section 17, a distance of 268.53 feet; thence North 01°44'33" West, departing said Southerly line, 141.57 feet; thence North 85°41' 13" West,
241.67 feet to the point of curvature of a curve concave Southerly having a radius of 2000.00 feet; thence Westerly along the arc of said curve, through a central angle of 06°08'51", an arc length of

(	)

214.59 feet to a point on said curve, said arc being subtended by a chord bearing and distance of North 88°45'39" West, 214.48 feet; thence Due North, 2379.25 feet; thence Due East, 900.86 feet; thence North 03°28'08" East, 45.63 feet to a point on a curve concave Westerly having a radius of 1000.00 feet; thence Northerly along the arc of said curve, through a central angle of 23°00'46", an arc length of 401.65 feet to a point of reverse curvature, said arc being subtended by a chord bearing and distance of North 08°02'15" West, 398.95 feet; thence Northerly along the arc of a curve concave Easterly having a radius of I000.00 feet, through a central angle of 47° 11'47", an arc length of 823.73 feet to a point on said curve, said arc being subtended by a chord bearing and distance of North 04°03' 15" East, 800.64 feet; thence Southeasterly along the arc of a curve concave Northeasterly having a radius of 500.00 feet, through a central angle of 13°18' 17", an arc length of 116.11 feet to the point of tangency of said curve, said arc being subtended by a chord bearing and distance of South 62°15'25" East, 115.85 feet; thence South 68°54'33" East, 32.07 feet to the point of curvature of a curve concave Northerly having a radius of 985.00 feet; thence Easterly along the arc of said curve, through a central angle of 62°11'46", an arc length of 1069.25 feet to the point of tangency of said curve, said arc being subtended by a chord bearing and distance of North 79°59'33" East, 1017.51 feet; thence North 48°53'40" East, 248.66 feet to the point of curvature of a curve concave Southeasterly having a radius of 460.00 feet; thence Northeasterly along the arc of said curve, through a central angle of 20°12' 00", an arc length of 162.18 feet to a point on said curve, said arc being subtended by a chord bearing and distance of North 58°59'41" East, 161.34 feet; thence South 19°55'14" East, 184.59 feet to the point of curvature of a curve concave Northeasterly having a radius of 1000.00 feet; thence Southeasterly along the arc of said curve, through a central angle of 17°29'38", an arc length of 305.33 feet to a point on said curve, said arc being subtended by a chord bearing and distance of South 28°40'03" East, 304.14 feet; thence North 51°02'54" East, 134.63 feet to the point of curvature of a curve concave Southeasterly having a radius of 1718.50 feet; thence Northeasterly along the arc of said curve,

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Revised July 19, 2019
April 30, 2019
Page 2 of2

Boggy Branch CDD (Continued)

Work Order No. 19-078.01 File No. 125D-17.0lB

through a central angle of 32°04'51", an arc length of 962.22 feet to a point of reverse curvature, said arc being by a chord bearing and distance of North 67°05'20" East, 949.70 feet; thence
· Easterly along the arc of a curve concave Northerly having a radius of 731.50 feet, through a central angle of 08°30'41", an arc length of 108.67 feet to a point on said curve, said arc being subtended by a chord bearing and distance of North 78°52'25" East, 108.57 feet; thence South 15°22'56" East, 48.50 feet to a point on a curve concave Northerly having a radius of 780.00 feet; thence Easterly along the arc of a said curve, through a central angle of 04°26'06", an arc length of 60.38 feet to a point on said curve, said arc being subtended by a chord bearing a distance of North 72°24'01" East, 60.36 feet; thence South -29°44'09" East, 78.04 feet; thence North
56°48'40" East, 205.79-feet; thence North 39°29'40" East, 312.89 feet; thence North 74°06'23"
East, 375.50 feet; thence South 82°31'23" East, 246.53 feet; thence North 89°57'01" East, 339.18 feet; thence North 18°25'21" West, 771.56 feet to a point lying on the Southerly limited access right of way line of J. Turner Boulevard, State Road No. 202, a variable width·limited access right of way as presently established; thence Easterly, along said Southerly limited access right of way line the following 3 courses: Course 1, thence South 86°54'32" East, 100.45 feet to a point on a curve concave Northerly having a radius of 4733.66 feet; Course 2, thence Easterly along the arc of said curve, through a central angle of.04°32'32", an arc length of 375.27 feet to the point of tangency of said curve, said arc being subtended by a chord bearing and distance of South 88°41'55" East, 375.17 feet; Course 3, thence North 89°01'49" East, 676.51 feet to its intersection with the Easterly line of said Section 16; thence South 00°50'17" East, departing said Southerly limited access right of way line and along said Easterly line, 5223.69 feet to the Southeasterly corner thereof; thence South 89°58'23" West, along the Southerly line of said -Sectio 16, a distance of 5340.42 feet to the Point of Beginning.

Containing 556.56 acres, mor or less.

Revised Exhibit 2 Rev Legal Description TEU - August 19. 2019

SKETCH TO ACCOMPANY DESCRIPTION OF
A PORTION OF SECTIONS 16 AND 17, TOWNSHIP 3 SOUTH, RANGE 28

========:=-r.,.....-.	1i Ji _1_r ssg;E:c A10 'j
J. TURNER BUT1.£R BOULEVARD

£AST, DUVAL COUNTY, FLORIDA, BEING A PORTION OF THOSE LANDS

(STA1E ROAD No. 202)

.­ I

DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 17036, PAGE 2398, OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY, B£ING MOR£ PARTICULARLY DESCRIBED IN SEPARATE ATTACHMENT.

(VARIABLE Vr!D1H LA.R.W.)

.	J

LEGEND: O.R.S. PG. L.A.R.W
SEC PC POC R
.4
L CB CH L1

OFRCIAL RECORDS B0OI<
PAGE
UM/TED A RtGHT OF' WAY SEC110N
POINT OF CURVATURE
POINT ON CUR',£'
RADIUS CENTRAL ANGLE ARC LENGTH CHORD BEARING
CHORD DISTANCE
TABULATm UN£ DATA

O.R.8. 17036.
PG. 2398

PROPOSED BOGGY
BRANCH COD
556.56 ACRIIS:I:

£/y UN!
OF SEC 16

b,

UN£ TABLE	
UN£	8£ARING	LENGTH	
Lt	S88'15'27"W	268.53'	
L2	No1·«•33•w	141.57'	
LJ	N85'41'1J*W	241.67'	

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0

0	500	1000	2000
GRAPHIC SCA!.£ IN FEET
I"= 1000'

PROPOSCD SOI/TH ROAD P.ARC£1. I

S.lyUN!
OF SEC 16

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l'OINT OF BEGINNING	USING A DIGITAL SIGNATURE. PRINTED COPIES OF THIS
S£.lry CORNER OF	DOCUMENT ARE NOT CONSIDERED SIGNED AND SE"Al.£D AND THE SECTION 17		SIGNATURE MUST "8VF1ED ON ANY EJ.ECTRONIC COPIES.
Ra1SED .JJLY 19, 2019 1D AMEND

Surva11i119 • fflappi119, Inc.

SHEET 1 OF' 2

UAP AND LEGAL DESCRIP110H.
REWSED MAY 7. 2019 n> AMEND

Digital Signature By:

VISION • EXPERIENCE• RESULTS
14775 Old St. August/no Road. Jai:koan 71e. FL J2258
Tai: (904} 642-8550	Fa,c: (904} 642-4165
Cerllficato of Authorlzotlan No.: lB ,!6,24

GENERAL NOTES;	MAP AND LEGAL DESCRIP110N.
THIS IS NOT A SUR\.£Y.
BEARINGS BASED ON THE EASTERLY UN£ OF SECT10N 17
AS BEING NORTH 00-.U'Js• ET.

SCALE: 1"•1000' DAJE:	MAY 8, 2019

.  Damon J. Kelly, PSM
DAMON J. ICEU.Y
PROffSSIONAL SURVEYOR AND MAPPER
STAlE' of Fl.OR/DA LS No. 628.f

CAO R/.EJ I: \Surwy\RMA,oro)\Bucldlood\Soulheost OUod\Sketchos\Baggy Branch COO-Rev 2.dwg	DRAIIH B	ORD£R 110.:	IQ-078.01	FU.£ Nil:  1250-11.019

LEGEND: O,R.B. PG. L,A,R,W

SEC PC PT POC
PRC
Ct

OFFICIAL RECORDS BOOK PAGE
UM/IDJ ACCESS RIGHT OF WAY SEC110N
POINT OF CURVATURE POINT OF TANGENCY POINT ON CURVE:
POINT OF REV£RS£ CURVATURE TABULA1ED CURVE: DATA

SEC 9
SEC 16

SEC 10
SEC 15

- -

,-. IO

N89'57'01"E 339.18'

MATCHUN£	SE£ SHEET 1

CURVE: TABLE:

I
aE·i
e!
I
fflIj

9!

!l!"
.. I DUE EAST
900.86'

POC

PROPOSED BOGGY
BRANCH CDD
556.56 ACRCS:I:

N03"28'08"E 45.63'

O.R.8. 17036,

CURVE:	RAO/US	CENTRAL ANGLE	ARC
LENGTH	CHORD BEARING	CHORD DISTANCE	
Cf	1000.00·	23"00'46"	401.65'	N08"02'15"W	398.95'	
C2	1000.00'	4711'47"	823.73'	N04'03'15"£	800.64'	
CJ	500.00'	1318'17"	116.11'	S6215'25"£	115.85'	
C4	985.00'	6211'46"	1069,25'	N79'59'JJ"f:	1017.51'	
cs	460.00'	20,2·00·	162.18'	N58'59'41"£	161.34'	
CB	1000.00·	17"29'38"	305.33'	S28"40'03"E	304.14'	
C7	1718.50'	32°04'51"	962.22'	N67"05'20"f:	949.70'	
CB	731.50'	B'J0'4t•	108.67'	N7B'S2'25 "£	108.57'	
C9	780.00'	4'26'06"	60.38'	N72'24'01"E	60.36'	
eta	4733.66'	4"32'32·	375.27'	S88°41'55"£	375.17'	

PC. 2398

£TII SURVCYING .t MAPPING, INC.
14175  OLD ST. AIIGI/SrrN£ ROAD
JACKSOH'IIU£. FL 12151 (ltU) IU2-ll550
camFICArt OF All1HO/ltZAJION HO. 1B S624

SHEET 2 OF 2
SEE SHEET 1 FOR GENERAL NOT£5.

y Brandl COD-Rev 2.d

ORAl/,HB'f..!!!£..	OROER NO.:	19-0111.01	Fl1.E NO.:  1:1150-11.018

ORDINANCE 2019-483-E CERTIFICATE   OF  AUTHENTICATION
ENACTED BY THE COUNCIL

August 27, 2019

WILSON COUNCIL PRESIDENT

APPROVED:

AUG 3 0 2019
_