01-004559 In Re: Rulemaking To Establish The Tuscany Community Development District vs. * Status: Closed Recommended Order on Tuesday, June 25, 2002.

Summary: Petitioner satisfied all criteria for establishing a community development district in Citrus County.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: RULEMAKING TO )

ESTABLISH THE TUSCANY ) Case No. 01 - 4559

COMMUNITY DEVELOPMENT DISTRICT. )

________________________________)

REPORT TO THE FLORIDA LAND A ND WATER

ADJUDICATORY COMMISSION

Pursuant to Section 190.005(1)(d), Florida Statutes,

Donald R. Alexander, Administrative Law Judge, conducted a

public hearing on April 11, 2002, in Lecanto, Florida, for the

purpose of taking test imony and public comment and receiving

exhibits on the Petition of Beverly Hills Development

Corporation to establish the Tuscany Community Development

District.

APPEARANCES

For Petitioner: Daren L. Shippy, Esquire

Rose, Sundstrom & Bentley, LLP

2548 Blairstone Pines Drive

Tallahassee, Florida 32301 - 5925

Clark A. Stillwell, Esquire

Brannen, Stillwell & Perrin

320 Highway 41 South, Second Floor

Inverness, Florida 34450 - 4956

STATEMENT OF THE ISSUE

The issue is whether the establishment of the Tuscany

Community Development District meets the applicable criteria

set forth in Chapter 190, Florida Statutes .

PRELIMINARY STATEMENT

This case began on September 19, 2001, when Petitioner,

Beverly Hills Development Corporation, requested the Florida

Land and Water Adjudicatory Commission to adopt a rule to

establish the Tuscany Community Development District. Th e

proposed rule is attached to this Report as Appendix C. The

matter was forwarded to the Division of Administrative

Hearings on November 26, 2001, with a request that an

Administrative Law Judge conduct a public hearing. By Notice

of Hearing dated Decem ber 10, 2001, a public hearing was

scheduled in Lecanto, Florida, on February 6, 2002. At the

request of Petitioner, the public hearing was rescheduled to

April 11, 2002, at the same location.

Petitioner presented five witnesses and offered into

evidenc e Petitioner's Exhibits 1 - 14, which were admitted

without objection. The names and addresses of the witnesses

are listed in Appendix A attached to this Report, and the

exhibits are listed in Appendix B. Six members of the public,

including two Citrus Cou nty employees, presented public

comment. Their names and addresses (if given) are also found

in Appendix A attached to this Report. In addition, they

offered two exhibits, which are listed in Appendix B.

Finally, on June 19, 2002, a letter was filed by a member of

the public who resides in Beverly Hills, Florida. Because the

record was closed on April 21, 2002, or ten days after the

public hearing, the letter has not been considered in the

preparation of this Report.

The Transcript of the local public hearing was filed with

the Division of Administrative Hearings on May 29, 2002. The

original Transcript and hearing exhibits are transmitted with

this Report.

FINDINGS OF FACT

Based upon all of the evidence, the following findings of

fact are determine d:

A. Overview

1. In this proceeding, Petitioner, Beverly Hills

Development Corporation, seeks the adoption of a rule by the

Florida Land and Water Adjudicatory Commission (Commission) to

establish a new community development district just northeast

of Beverly Hills in Citrus County, Florida. The proposed name

for the new District is the Tuscany Community Development

District (the District).

2. The sole purpose of this proceeding was to consider

the establishment of the District as proposed by Petitio ner.

B. Summary of Evidence and Testimony

3. The evidence indicates that all of the statements

contained in the Petition, as amended, are true and correct.

4. Edwin M. Bulleit, a certified public accountant with

Prager, McCarthy and Sealy, testified t hat he and his attorney

met individually with the different county commissioners for

Citrus County regarding the proposed District, and although

the commissioners had questions, they had no objections to the

adoption of the proposed District. Mr. Bulleit further

testified that he felt he adequately answered the questions of

the commissioners.

5. Mr. Bulleit testified that a community development

district is a mechanism to finance, plan, and manage public

improvements. Witness Bulleit further testified that such a

mechanism allows development to pay for itself.

6. Mr. Bulleit stated that in his experience, 80 to 90

percent of developments in Florida are pursuing community

development - type financing. Mr. Bulleit further testified

that community develo pments provide the opportunity for tax

exempt financing, the benefits of which include (i) lower

interest rates, which make the development more financially

sound and lots within the community development district more

affordable, and (ii) access to long - t erm, 30 - year debt

financing, which means the financing matches the long - term

nature of the assets being financed.

7. Mr. Bulleit testified that a community development

district may exercise certain powers subject to the regulatory

jurisdiction and permi tting authority of all applicable

governmental bodies, agencies, and special districts having

authority with respect to the community development district.

8. Mr. Dale R. Miller, Vice - President of Petitioner,

testified that Petitioner is a Florida corpo ration with

offices in Beverly Hills, Florida. A certified copy of a

Certificate of Active Status for Petitioner issued by the

Florida Department of State was received into evidence as

Exhibit 1.

9. Mr. Miller indicated that the land area to be served

by the proposed District consists of two parcels of unimproved

real property containing approximately 951.14 acres located in

the existing Beverly Hills Development of Regional Impact

(Beverly Hills Property) and 560 acres located outside the

Beverly Hills D evelopment of Regional Impact (King Land Trust

Property) for a total acreage of approximately 1,511.14 acres.

Mr. Miller also testified that the Beverly Hills Property and

King Land Trust Property are contiguous (320 acres are

adjacent to the east of the Beverly Hills Property, while 240

acres are adjacent to the south of the Beverly Hills

Property). The conceptual development plan's allotted acreage

for each land use was received into evidence as a part of

Composite Exhibit 4. The proposed District is e ntirely within

the territorial limits of Citrus County, Florida.

10. Mr. Miller further testified that the metes and

bounds legal description of the external boundaries of the

proposed District is as described in and attached to the

Petition as Exhibit B and Exhibit B - 1 and introduced into

evidence at the hearing as a part of Composite Exhibit 4.

Petitioner filed an amended Exhibit B to its Petition, which

contained an amended legal description of the boundaries for

the proposed District.

11. Mr. Mil ler indicated that the owners of the land to

be included within the boundaries of the proposed District are

Petitioner and William H. Cauthen, as Trustee of the King Land

Trust, Inc. Mr. Miller further testified that the owners of

the land to be included within the proposed District have

consented to establishing the proposed District. The written

consents of the owners of the land to be included in the

proposed District were attached to the Petition as Exhibits C

and C - 1, and introduced into evidence at the hearing as a part

of Composite Exhibit 4.

12. Mr. Miller testified that the five persons

designated to serve as the initial members of the Board of

Supervisors of the proposed District are: Ronald J. Collins,

Dale R. Miller, Taylor Collins, Paul Bu chanan, and John

O'Kelley. The initial supervisors will serve on the Board of

Supervisors until replaced by elected members as provided by

Section 190.006, Florida Statutes. All of the initial

supervisors are residents of the State of Florida and citizen s

of the United States of America.

13. Mr. Miller also stated that the proposed timetables

and related estimates of cost to construct the proposed

District's services and facilities, based upon available data,

were attached to the Petition as Exhibit D an d received into

evidence as a part of Composite Exhibit 4.

14. Mr. Miller testified that the Statement of Estimated

Regulatory Costs (SERC) to establish the proposed District

were attached to the Petition as Exhibit E and received into

evidence as a par t of Composite Exhibit 4.

15. The future general description, location, and extent

of public and private uses of land proposed for the area

within the proposed District will be incorporated into the

adopted and approved Citrus County Comprehensive Plan. Also,

the requested land use and zoning classifications permit the

planned residential and commercial development to be located

within the proposed District. Finally, for those portions of

the proposed District situated within the Beverly Hills DRI,

the proposed public and private uses of land are compatible

with all development orders issued pursuant to the DRI

process.

16. Mr. Miller testified that the proposed public and

private uses of the land at issue were compatible with all of

the development or ders that have been issued pursuant to the

development of regional impact process.

17. Gail Easley, a professional land planner with The

Gail Easley Company, testified that she reviewed the Petition

and its exhibits in conjunction with the State Compreh ensive

Plan and found that the proposed District will not be

inconsistent with any applicable element or portion of the

State Comprehensive Plan.

18. Ms. Easley also testified that she reviewed the

Citrus County Comprehensive Plan, including the goals,

ob jectives, and policies, as well as other materials, and

found that the proposed District will not be inconsistent with

any applicable element or portion of the Citrus County

Comprehensive Plan.

19. Ms. Easley further stated that the area of land

within th e proposed District is of sufficient size, is

sufficiently compact, and is sufficiently contiguous to be

developed as one functional interrelated community.

20. Witnesses Bulleit, Miller, and Easley each testified

that the proposed District is the best alternative available

for delivering community development services and facilities

to the area that will be served by the proposed District.

21. Witnesses Bulleit and Miller testified that

establishing the District will promote development of the land

w ithin the District by providing for a more efficient use of

its resources.

22. Mr. Miller testified that the community development

services and facilities of the District will be compatible

with the capacity and uses of existing and local regional

commu nity development services and facilities.

23. Mr. Miller also stated that the District provides a

perpetual entity capable of making reasonable provisions for

the operation and maintenance of the District's services and

facilities.

24. Mr. Miller fur ther testified that there is no real

property located within the external boundaries of the

District that is not going to be included within the District.

25. Witnesses Bulleit and Easley testified that the area

that will be served by the proposed Distr ict is amenable to

separate special - district government.

26. Louis G. Badami, Director of Utilities for Citrus

County, testified that the District would be compatible with

the capacity and uses of the existing local and regional water

and sewer faciliti es, including those of Citrus County and

Rolling Oaks Utilities, Inc. (Rolling Oaks). The latter

utility is privately owned and provides water and wastewater

service in an area adjacent to the District. Mr. Badami's

testimony focused only on the water an d wastewater service

territories of Citrus County and Rolling Oaks. More

specifically, he went on record as opposing a request to

expand the present service territory of Rolling Oaks. He

further testified that if the District was merely a funding

mechani sm to construct and install utilities and there was no

expansion of Rolling Oaks' service territory without following

applicable rules and regulations, he would recommend to Citrus

County that it not oppose the District.

27. Robert A. Knight, Director of Utility Regulation for

Citrus County, testified that he was not testifying for or

against the proposed District, but rather only about a legal

matter regarding the ability of Rolling Oaks to serve the

proposed District. In this regard, Mr. Knight did not object

to approval of the proposed District in light of the

stipulation by Petitioner's representative at the public

hearing that Rolling Oaks would follow applicable rules and

regulations with respect to expanding its service territory.

28. Four members of the general public provided comment

and asked questions concerning the consumption of water and

the nature of the expected development within the proposed

District. They are concerned that given the present supply of

water in Citrus County, there may n ot be sufficient water from

existing wells to serve the hundreds of new homes that will be

built in the District.

CONCLUSIONS OF LAW

29. The Division of Administrative Hearings has

jurisdiction over this matter pursuant to Chapters 120 and

190, Florida Statutes.

30. The proceeding and local public hearing were

properly noticed pursuant to Section 190.005, Florida

Statutes, by publication of an advertisement in a newspaper of

general circulation in Citrus County once each week for the

four consecutive we eks immediately prior to the local public

hearing.

31. Petitioner has met the requirements of Section

190.005, Florida Statutes, with respect to submitting the

Petition and satisfying the filing fee requirements.

32. Petitioner bears the burden of establ ishing that the

Petition meets the relevant statutory criteria set forth in

Section 190.005(1)(e), Florida Statutes. Petitioner has met

that burden.

33. All portions of the Petition and other submittals

have been completed and filed as required by law.

3 4. All statements contained within the Petition, as

amended or supplemented at the local public hearing, are true

and correct.

35. The proposed District will not be inconsistent with

any applicable element or portion of the State Comprehensive

Plan.

36. The proposed District will not be inconsistent with

any applicable element or portion of the Citrus County

Comprehensive Plan.

37. The area of land within the proposed District is of

sufficient size, is sufficiently compact, and is sufficiently

contiguou s to be developed as one functional interrelated

community.

38. The proposed District is the best alternative

available for delivering community development services and

facilities to the area that will be served by the proposed

District.

39. The communi ty development services and facilities of

the proposed District will be compatible with the capacity and

uses of existing local and regional community development

services and facilities, including water and wastewater

facilities.

40. The area that will b e served by the proposed

District is amenable to separate special - district government.

41. The Commission is not the forum to consider or

modify the existing service territory of Rolling Oaks;

therefore, that issue is not germane to this proceeding.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions

of Law, it is

RECOMMENDED that the Florida Land and Water Adjudicatory

Commission, pursuant to Chapters 120 and 190, Florida

Statutes, and Chapter 42 - 1, Florida Adminis trative Code,

establish the Tuscany Community Development District, as

requested by Petitioner, by formal adoption of the proposed

rule attached to this Report as Appendix C.

DONE AND ENTERED this 25th day of June, 2002, in

Tallahassee, Leon County, Flor ida.

___________________________________

DONALD R. ALEXANDER

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675 SUNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 25th day of June, 2002.

COPIES FURNISHED:

Daren L. Shippy, Esquire

Rose, Sundstrom & Bentley, L LP

2548 Blairstone Pines Drive

Tallahassee, Florida 32301 - 5925

Clark A. Stillwell, Esquire

Brannen, Stillwell & Perrin

320 Highway 41 South, Second Floor

Inverness, Florida 34450 - 4956

Charles Canady, General Counsel

Office of the Governor

The Capitol, Room 209

Tallahassee, Florida 32399 - 0001

Donna Arduin, Secretary

Florida Land and Water

Adjudicatory Commission

Office of the Governor

The Capitol, Room 2105

Tallahassee, Florida 32399 - 0001

Barbara Leighty, Clerk

Growth Management and Strategic Plann ing

The Capitol, Room 2105

Tallahassee, Florida 32399 - 0001

Gregory M. Munson, Esquire

Florida Land and Water Adjudicatory Commission

The Capitol, Suite 029

Tallahassee, Florida 32399 - 0001

APPENDIX A

Petitioner's W itnesses at the Public Hearing

Edwin M. Bulleit

Prager, McCarthy and Sealy

4921 Bay Way Drive

Tampa, Florida 33629 - 4803

Dale R. Miller

Beverly Hills Development Corporation

3 Beverly Hills Boulevard

Beverly Hills, Florida 34465 - 3421

Gail Easley

The Ga il Easley Company

34 Northeast Crystal Street

Crystal River, Florida 34428 - 3532

Robert A. Knight

Director of Utility Regulation

Citrus County

3600 Sovereign Avenue

Lecanto, Florida 34461 - 7727

Louis G. Badami

Director of Utilities

Citrus County

3600 Sov ereign Avenue

Lecanto, Florida 34461 - 7727

Public Witnesses at Hearing

Louis G. Badami

Director of Utilities

Citrus County

3600 Sovereign Avenue

Lecanto, Florida 34461 - 7727

Robert A. Knight

Director of Utility Regulation

Citrus County

3600 Sovereign Av enue

Lecanto, Florida 34461 - 7727

John Chipurn

4311 North Mae West Way

Beverly Hills, Florida 34465 - 8747

Rodney Cole

(address not given)

Gilbert Buechly

106 South Jefferson

Beverly Hills, Florida 34465 - 3717

Don Jordon

(address not given)

APPENDIX B

List of Petitioner's Exhibits

1. Certificate of Active Status - Beverly Hills Development

Corporation

2. Affidavit of Proof of Publication of Notice of Hearing

for local newspaper of general circulation

3. Notice of Receipt of Petition published in Florida

Administrative Weekly - March 22, 2002

4. Composite exhibit of all attachments to Petition

5. Composite exhibit of two aerial photographs of Proposed

District and surrounding area

6. General are a development plan/map of area to include

Proposed District and surrounding areas

7. Curriculum Vitae of witness Easley

8. List of prior expert testimony of witness Easley

9. Deeds of properties to be included in Proposed District

10. Composite exhi bit of all development orders for Beverly

Hills Development of Regional Impact

11. Generalized future land use map for Citrus County

12. Land Development Code atlas

13. 1981 Master Development Plan for Beverly Hills

Development of Regional Impact

14. C omposite exhibit of map showing Citrus County water and

wastewater facilities location and letter from witness Badami

to counsel Shippy

Other Exhibits

1. Knight Exhibit No. 1 - Prepared testimony of Robert

Knight

2. Chipurn Exh ibit No. 1 - Newspaper article (April 6, 2002)

APPENDIX C

Text of Proposed Rule

CHAPTER 42 - 1

TUSCANY COMMUNITY DEVELOPMENT DISTRICT

42 - 1.001 Creation.

42 - 1.002 Boundary.

42 - 1.003 Supervisors.

42 - 1.001 Creation. The Tuscany Community

Development District is hereby established.

Specific Authority 120.53(1), 190.005 FS. Law Implemented

190.005 FS. History - New.

42 - 1.002 Boundary . The boundaries of the District

are as follows:

Parcel No. 1, being more particularly described as follows:

Commence at the most Northerly Corner of BEVERLY HILLS, UNIT

3A, according to the map or plat thereof recorded in Plat Book

5, page 1, public re cords of Citrus County, Florida, said

point being on the Southeasterly right - of - way line of County

Road No. 491 and being 50 feet from, measured at right angles

to, the centerline of said County Road No. 491, thence S. 51 0

02' 53" E. along the Northeasterl y line of said BEVERLY HILLS,

UNIT 3A, a distance of 400 feet to the POINT OF BEGINNING,

thence N. 38 0 56' 39" E. parallel to and 400 feet from, said

Southeasterly right - of - way line, a distance of 4347.25 feet to

the P.C. of a curve, concaved Northwesterly , having a central

angle of 13 0 52' 45" and a radius of 6167.33 feet, thence

Northeasterly along the arc of said curve, a distance of

1493.96 feet to the P.T. of said curve, thence N. 25 0 03' 54"

E. parallel to and 400 feet from, said Southeasterly right - o f -

way line a distance of 1734.33 feet to a point on the boundary

of lands described in Deed recorded in Official Record, Book

385, page 466, public records of Citrus County, Florida,

thence S. 1 0 39' 30" E. along said boundary a distance of

836.98 feet to the SW Corner of said lands, thence N. 88 0 20'

30" E. along the South line of said lands, a distance of

1377.72 feet to the SE Corner of said lands, thence N. 1 0 39'

30" W. along the East line of said lands, a distance of 1200

feet to the NE Corner of said lands, thence S. 88 0 20' 30" W.

along the North line of said lands, a distance of 1306.83 feet

to the SE Corner of lands described in Deed recorded in

Official Record, Book 538, page 632, of said records, thence

N. 25 0 03' 54" E. along the East line of sa id lands, a

distance of 190.26 feet to the NE Corner of said lands, said

point being on the South line of lands described in Deed

recorded in Official Record, Book 423, page 128, of said

records, thence N. 88 0 20' 30" E. along said South line a

distance of 346.97 feet to the SE Corner of said lands, thence

N. 1 0 39' 30" W. along the East line of said lands a distance

of 330.02 feet to the NE Corner of said lands, said point also

being on the North line of Section 1, TOWNSHIP 18 SOUTH, RANGE

18 EAST, thence N. 88 0 20' 30" E. along said North line a

distance of 1869.43 feet to the NE Corner of said Section 1,

said point also being the NW Corner of Section 6, TOWNSHIP 18,

SOUTH, RANGE 19 EAST, thence N. 89 0 28' 20" E. along the North

line of said Section 6, a d istance of 2636.38 feet to the NW

Corner of the NE 1/4 of said Section 6, thence N. 89 0 53' 45"

E. along the North line of said Section 6, a distance of

2645.54 feet to the NE Corner of said Section 6, thence S. 0 0

12' 24" E. along the East line of said Se ction 6, a distance

of 1328.53 feet to the SE Corner of the N 2 of NE 1/4 of said

Section 6, thence S. 89 0 53' 40" W. along the South line of

said N 2 of NE 1/4, a distance of 2646.85 feet to the SW

Corner of said N 2 of NE 1/4, thence S. 0 0 09' E. along t he

East line of the NW 1/4 of said Section 6, a distance of

1328.59 feet to the NE Corner of the SW 1/4 of said Section 6,

thence S. 0 0 03' 50" E. along the East line of said SW 1/4 a

distance of 2648.43 feet to the SE Corner of said SW 1/4, said

point als o being the NE Corner of the NW 1/4 of Section 7,

TOWNSHIP 18 SOUTH, RANGE 19 EAST, thence S. 0 0 07' 56" E.

along the East line of said NW 1/4 a distance of 2648.76 feet

to the SE Corner of said NW 1/4, thence N. 89 0 42' 40" W.

along the South line of said NW 1/4, a distance of 2641.84

feet to the SW Corner of said NW 1/4, said point also being

the SE Corner of the NE 1/4 of Section 12, TOWNSHIP 18 SOUTH,

RANGE 18 EAST, thence S. 89 0 23' 09" W. along the South line

of said NE 1/4 a distance of 1315.58 feet to the NE Corner of

the W 2 of SE 1/4 of said Section 12, thence S. 0 0 09' 37" W.

along the East line of said W 2 of SE 1/4, a distance of

2636.62 feet to the SE Corner of said W 2 of SE 1/4, thence S.

89 0 28' 48" W. along the South line of said Section 12 , a

distance of 1302.33 feet, thence N. 2 0 06' 48" W. 170 feet,

thence S. 89 0 28' 48" W. parallel to said South line, a

distance of 690.91 feet to a point on a curve, concaved

Westerly, having a central angle of 90 0 and a radius of 280

feet, thence Northwe sterly along the arc of said curve a

distance of 246.92 feet to the P.T. of said curve (chord

bearing and distance between said points being N. 25 0 46' 44"

W. 238.99 feet), thence N. 51 0 02' 31" W. 2102.26 feet, thence

N. 59 0 40' 08" W. 200 feet to the mos t Easterly Corner of

lands described in Deed recorded in Official Record, Book 196,

page 218, of said records, thence N. 51 0 02' 31" W. along the

Northeasterly line of said lands, a distance of 449.63 feet to

the most Northerly corner of said lands, said p oint being on

the Southeasterly line of BEVERLY HILLS, UNIT NO. 3, according

to the map or plat thereof recorded in Plat Book 4, page 123,

public records of Citrus County, Florida, thence N. 38 0 58'

52" E. along the Southeasterly line of said BEVERLY HILLS ,

UNIT NO. 3, and along the Southeasterly line of BEVERLY HILLS,

UNIT 3A, according to the map or plat thereof recorded in Plat

Book 5, page 1, public records of Citrus County, Florida, a

distance of 399.96 feet to the most Easterly corner of said

BEVERLY HILLS, UNIT 3A, thence N. 51 0 02' 53" W. along the

Northeasterly line of said BEVERLY HILLS, UNIT 3A, a distance

of 1649.50 feet to the Point of Beginning;

AND,

Begin at the most Northerly Corner of BEVERLY HILLS, UNIT 3A,

according to the map or plat th ereof recorded in Plat Book 5,

page 1, public records of Citrus County, Florida, said point

being on the Southeasterly right - of - way line of County Road

No. 491, and being 50 feet from, measured at right angles to,

the centerline of said County Road No. 491 , thence N. 38 0 56'

39" E. along said Southeasterly right - of - way line a distance

of 4347.20 feet to the P.C. of a curve, concaved

Northwesterly, having a central angle of 13 0 52' 45" and a

radius of 5767.33 feet, thence Northeasterly along the arc of

said curve a distance of 1397.06 feet to the P.T. of said

curve, thence N. 25 0 03' 54" E. along said right - of - way line a

distance of 1639.31 feet to the most Westerly Corner of lands

described in Deed recorded in Official Record, Book 385, page

466, public reco rds of Citrus County, Florida, thence N. 88 0

20' 30" E. along the boundary of said lands a distance of 400

feet, thence S. 1 0 39' 30" E. along the boundary of said lands

a distance of 95.00 feet to a point that is 400 feet from,

measured at right angles to , the Southeasterly right - of - way

line of said County Road No. 491, thence S. 25 0 03' 54" W.,

parallel to said right - of - way line, a distance of 1734.33 feet

to the P.C. of a curve, concaved Northwesterly, having a

central angle of 13 0 52' 45" and a radius o f 6167.33 feet,

thence Southwesterly along the arc of said curve a distance of

1493.96 feet to the P.T. of said curve, thence S. 38 0 56' 39"

W., parallel to and 400 feet from, said right - of - way line, a

distance of 4347.25 feet to a point on the Northeaster ly line

of said BEVERLY HILLS, UNIT 3A, thence N. 51 0 02' 53" W. along

said Northeasterly line a distance of 400 feet to the Point of

Beginning.

LESS AND EXCEPT lands in Warranty Deed from Beverly Hills

Development Corporation, to Rolling Oaks Utilities, Inc.,

dated June 6 th , 1986, filed August 18, 1986, and recorded in

Official Record, Book 710, page 849, public records of Citrus

County, Florida, being more particularly described as follows:

Commence at the most Easterly Corner of BEVERLY HILLS, UNIT 3 -

A, according to the map or plat thereof recorded in Plat Book

5, page 1, public records of Citrus County, Florida, thence N.

51 0 02' 53" W. along the Northeasterly line of said BEVERLY

HILLS, UNIT 3 - A, a distance of 289.49 feet, thence N. 38 0 56'

39" E. 593. 12 feet to the POINT OF BEGINNING, thence N. 75 0

59' 21" W. 62.48 feet, thence North 155.26 feet, thence N. 13 0

10' 38" E. 155.26 feet, thence N. 11 0 58' 12" W. 405.23 feet,

thence N. 24 0 E. 244.86 feet, thence N. 60 0 E. 268.59 feet, S.

66 0 E. 336.93 feet, thence N. 72 0 E. 126.01 feet, thence S. 78 0

42' 12" E. 313.71 feet, thence S. 33 0 E. 317.81 feet, thence

S. 11 0 13' 17" E. 237.44 feet, thence S. 46 0 05' 58" W. 238.07

feet, thence S. 67 0 37' 34" W. 481.20 feet, thence S. 55 0 W.

268.27 feet, thence N. 75 0 59' 21" W. 351.69 feet to the Point

of Beginning,

AND, LESS AND EXCEPT NORTH FOREST RIDGE BOULEVARD, according

to the map or plat thereof recorded in Plat Book 14, pages 29,

30 and 31, public records of Citrus County, Florida,

AND, LESS AND EXCEPT OAKWO OD VILLAGE OF BEVERLY HILLS PHASE

ONE, according to the map or plat thereof recorded in Plat

Book 14, pages 10 to 14 inclusive, public records of Citrus

County, Florida,

AND, LESS AND EXCEPT OAKWOOD VILLAGE OF BEVERLY HILLS, PHASE

2, according to the map or plat thereof recorded in Plat Book

14, pages 15 to 18 inclusive, public records of Citrus County,

Florida,

AND, LESS AND EXCEPT the N 2 and NE 1/4 of Section 6, TOWNSHIP

18 SOUTH, RANGE 19 EAST,

AND, LESS AND EXCEPT that portion of Section 1, TOWNSHIP 18

SOUTH, RANGE 18 EAST, that lies North of the North boundary

and West of a Northerly projection of the Easterly boundary of

lands described in Official Record, Book 385, pages 466 and

467, public records of Citrus County, Florida.

AND,

LESS AND EXCEPT the lands in the attached legal descriptions,

labeled as follows:

Golf Course

Greenside

Unit 10 Phase 1

Unit 10 Phase 2

Unit 11

Specific Authority 120.53(1), 190.005 FS. Law Implemented

190.004, 190.005 FS. History - New .

42 - 1.003 Supervisors. The following five persons

are designated as initial members of the Board of Supervisors:

Ronald J. Collins, Dale R. Miller, Taylor Collins, Paul

Buchanan, and John O'Kelley.

Specific Authority 120.53(1), 190.005 FS. Law Implemented

190.006(1) FS. Hist ory - New .