The Split Pine Community Development District (“Split Pine CDD”), which is located in Duval County, Florida, and the Tolomato Community Development District (“Tolomato CDD”), which is located in St. Johns County, Florida, have submitted a joint ...

 

LAND AND WATER ADJUDICATORY COMMISSION
Tolomato Community Development District

RULE NO: RULE TITLE
42SS-1.002: Boundary
PURPOSE AND EFFECT: The Split Pine Community Development District (“Split Pine CDD”), which is located in Duval County, Florida, and the Tolomato Community Development District (“Tolomato CDD”), which is located in St. Johns County, Florida, have submitted a joint petition requesting the merger of the two districts. As a result of the merger, Split Pine CDD would cease to exist, and Tolomato CDD would continue as the surviving entity, with amended boundaries that would encompass only the land presently in the existing boundaries of both Split Pine CDD and Tolomato CDD. At the time of establishment of both districts, Section 190.003 of the Florida Statutes prohibited the establishment of community development districts across county boundaries. Effective July 1, 2007, that prohibition no longer exists. Split Pine CDD and Tolomato CDD have written consent to merge the boundaries of the two districts from the owners of one hundred percent of the land within the existing districts.
The proposed rule would effect the merger in part by amending Florida Administrative Code Rule 42SS-1.002, Boundary to expand the boundaries of Tolomato CDD to include the existing Split Pine CDD lands. Another proposed rule, which is separately noticed for simultaneous consideration, would further effect the merger by repealing the existing rules governing Split Pine CDD – specifically, Rules 42TT-1.001, Establishment, 42TT-1.002, Boundary, and 42TT-1.003, Supervisors, F.A.C.
SUMMARY: Both Split Pine CDD and Tolomato CDD have authorized the merger of the two districts. Pursuant to Resolutions 2009-01 and 2009-04 adopted by the Board of Supervisors of Tolomato CDD, and on October 2, 2008 and April 16, 2009, respectively, Tolomato CDD authorized the merger of Tolomato CDD and Split Pine CDD, and approved a merger agreement (“Merger Agreement”). Pursuant to Resolutions 2009-01 and 2009-05 adopted by the Board of Supervisors of Split Pine CDD, and on October 2, 2008 and April 16, 2009, respectively, Split Pine CDD authorized the merger of Tolomato CDD and Split Pine CDD, and approved the Merger Agreement. Among other things, the Merger Agreement makes provision for the filing of a petition, the proper allocation of the indebtedness, and the manner in which debt is to be retired. The Merger Agreements, as approved by Tolomato CDD and Split Pine CDD, are contained at Exhibits 1A and 1B to the petition, as supplemented. Split Pine CDD currently covers approximately 2,014.98 acres of land located entirely within Duval County, Florida, and the City of Jacksonville limits. Split Pine CDD is generally located in the southeastern corner of Duval County, east of US Highway 1. Tolomato CDD currently covers approximately 11,355.06 acres of land located entirely within St. Johns County, Florida. Tolomato CDD is generally located in northeastern St. John’s County between Jacksonville and St. Augustine, east of US Highway 1. General location maps, and metes and bounds descriptions, are contained as Exhibits 3 and 4 to the petition, as supplemented.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The statement of estimated regulatory costs (SERC) supports the petition, as supplemented, to merge the Split Pine CDD and the Tolomato CDD. The complete text of the SERC is contained as Exhibit 12 to the petition, as supplemented. The requirements for a SERC are found in Section 120.541(2), F.S. A SERC must contain (a) a good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a description of the types of individuals likely to be affected by the rule; (b) a good faith estimate of the costs to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or local revenues; (c) 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 rule; (d) 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.; (e) any additional information that the agency determines may be useful; and (f) any good faith written proposal submitted under section (a) and either a statement adopting the alternative or a statement rejecting the alternative in favor of the proposed rule. Addressing section (a), the merged District, the State of Florida and its residents, Duval County/City of Jacksonville, and St. Johns County, current property owners of lands within the boundaries of the proposed merged District and future property owners are the principal entities that are likely to be required to comply with the rule. Under section (b), FLWAC and the State of Florida will incur administrative costs. Duval County/City of Jacksonville and St. Johns County may incur costs resulting from the initial review and on-going costs resulting from the on-going administration of the District. There is a filing fee paid to St. Johns County and the City of Jacksonville to offset any costs it may incur. Adoption of the proposed rule to merge the boundaries of the Split Pine CDD and the Tolomato CDD will not have any negative impact on State and local revenues. Addressing section (c), the operation and maintenance responsibilities assumed by the City of Jacksonville and St. Johns County will not vary from the original arrangements between the respective jurisdiction and the existing Districts. The same public infrastructure previously planned for the existing Districts will also support the development of the land within the proposed merged District. All properties within the proposed merged district will be encumbered with obligations to pay for public infrastructure and operations and maintenance expenses incurred by the proposed merged District. However, no new costs are expected to arise as a result of the merger that would not have arisen under the existing Districts. The capital improvement program (CIP) for the proposed merged District will likely be very similar to the combined CIPs adopted by each of the Split Pine and Tolomato CDDs. Assessments securing repayment of previously issued bond issuances will not be affected by the merger of the Districts. The proposed merged District will assume assessment collection and enforcement responsibilities from the existing Districts. The proposed merged District may issue future special assessments or other revenue bonds in order to raise funds for completion of infrastructure improvements. Under section (d), approval of the petition to merge the Split Pine CDD and the Tolomato CDD will have no impact or a positive impact on small businesses. The petition to merge the Districts will not have an impact on small counties as neither Duval or St. Johns County are small counties as defined by Section 120.52, F.S. Under Section (e), the merger is expected to lead to the reduction or elimination of redundant meetings, paperwork, and expenses and is expected to produce direct cost savings to the proposed merged District. The proposed merged District will likely be able to reduce its non-ad valorem assessment collections and still achieve its goal of providing appropriate public infrastructure facilities and services.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 190.005, 190.046 FS.
LAW IMPLEMENTED: 190.004, 190.005, 190.046 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Wednesday, January 13, 2010, 10:00 a.m.
PLACE: Room 2107, The Capitol, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least two days before the workshop/meeting by contacting: Barbara Leighty, Executive Office of the Governor, The Capitol, Room 1801, Tallahassee, Florida 32399-0001; telephone [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, [phone] (TDD) or [phone] (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Leighty, Executive Office of the Governor, The Capitol, Room 1801, Tallahassee, Florida 32399-0001; telephone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

TOLOMATO COMMUNITY DEVELOPMENT DISTRICT

42SS-1.002 Boundary.

The boundaries of the District are as follows:

TRACT “A”

All of Sections 36, 46, and 53 and portions of Sections 25, 34, 35, 47, 48, 49, and 55, Township 4 South, Range 28 East, Duval County, Florida, being more particularly described as follows:

For Point of Beginning, commence at the point of intersection of the Southerly boundary of Section 34, Township 4 South, Range 28 East, with the Northeasterly right of way line of U.S. Highway 1, State Road No. 5, and run North 4150'26" West along said right of way line, a distance of 925.00 feet to a point; run thence North 7659'37" East, a distance of 4,715.0 feet to a point; run thence North 0037'22" West, a distance of 3625.0 feet to a point; run thence North 8934'10" East, a distance of 1,965.0 feet; run thence North 3406'08" East, a distance of 3,495.66 feet to a point on the Northerly boundary of Section 49; run thence North 7513'42" East along the Northerly boundary of Section 49 and 53, the same being Southerly boundary of Section 45 and along the Southerly boundary of Section 52, Township and Range aforementioned, and it’s Northeasterly projection, a distance of 6,620.70 feet to a point on the East line of Section 25, said Township and Range, run thence South 0054'07" East along last said Section line and along the East line of Section 36, a distance of 9,798.05 feet to its point of intersection with the Northwesterly right of way line of Palm Valley Road, County Road No. 210; run thence South 5521'50" West along said right of way line, a distance of 146.60 feet to a point on the South line of said Section 36; run thence South 8937'49" West along the South line of Sections 34, 35 and 36, a distance of 14,298.23 feet to the Point of Beginning.

Containing 2014.98 acres, more or less.

ALSO

TRACT “B”

A portion of Sections 19, 20, 28, 29, 30, 31, 32, 49, 50, 51, 55, 65, 66, and 67, Township 4 South, Range 29 East, together with a portion of Section 6, Township 5 South, Range 29 East, all lying in St. Johns County, Florida, being more particularly described as follows:

For Point of Beginning, commence at the Northwest corner of said Section 30, thence North 88°46'16" East, along the Northerly line of said Section 30, a distance of 1650.00 feet; thence North 62°04'32" East, departing said Northerly line, 6963.21 feet; thence South 66°57'47" East, 3127.56 feet; thence South 16°45’46" East, 4961.31 feet to a corner on the Southerly line of Parcel Four as described and recorded in Official Records Book 1084, Page 676 of the Public Records of said county, said corner bears North 05°43'46" West, 554.57 feet from a point of intersection of the Northwesterly right of way line of Palm Valley Road, County Road No. 210, a 100 foot right of way as now established, and the Easterly line of those lands described and recorded in Official Records Book 97, Page 151 of said Public Records; thence South 76°00'20" West, along said Southerly line of Parcel Four, 477.19 feet to the Northeasterly corner of that certain tract of land described recorded in Official Records Book 673, Page 636, of said Public Records; thence South 88°24’38" West, along the Northerly line of said tract, 536.97 feet to the Northwest corner of said tract; thence South 05°39'29" East, along the Westerly line of said tract and along the Westerly line of those lands described and recorded in Official Records Book 368, page 550, of said Public Records, 531.82 feet to a point on the line dividing said Sections 28 and 55, of said Township and Range; thence South 84°58’55" West, along said dividing line, 1735.13 feet to the Northeast corner of that parcel identified as Parcel Six and described in documentation recorded in Official Records Book 1084, Page 676, of said Public Records, thence South 10°39'53" East, along the Easterly line of said Parcel Six, 669.50 feet to a point lying on said Northwesterly right of way line of Palm Valley Road; thence South 34°40’35" East, 100.00 feet to a point lying on the Southeasterly right of way line of said Palm Valley Road; thence South 55°19’25" West, along said Southeasterly right of way line, a distance of 11,445.71 feet to its point of intersection with the Westerly line of said Section 6, Township 5 South, Range 29 East; thence North 01°10'10" West, departing said Southeasterly right of way line and along said Westerly section line, 38.64 feet to the Northwest corner of said Section 6; thence North 01°06’12" West, along the Westerly line of said Section 31, Township 4 South, Range 29 East, 81.33 feet to a point lying on said Northwesterly right of way line of Palm Valley Road; thence North 01°06’12" West, continuing along said Westerly line, 5276.65 feet to the Northwest corner of said Section 31; thence North 01°03’55" West, along the Westerly line of said Section 30, a distance of 5346.79 feet to the Point of Beginning.

LESS AND EXCEPT from the above described lands, the Northeast 1/4 of the Southeast 1/4 of Section 30, said Township and Range.

FURTHER EXCEPTING from the above described lands, the lands described in Official Records Book 1164, Page 759.

Containing 2177.39 2,184.26 acres, more or less.

ALSO

TRACT “C”

All of Sections 58 and 64 and portions of Sections 29, 31, 32, 55, 57, 59, 60, 61 and 63, Township 4 South, Range 29 East, St. Johns County, Florida, being more particularly described as follows:

For Point of Beginning, commence at the Southeast corner of said Section 31, thence South 89° 17' 16" West, along the Southerly line of said Section 31, also being the Southerly line of said Township 4 South, a distance of 5266.08 feet to its point of intersection with the Southeasterly right of way line of Palm Valley Road, County Road No. 210, a 100 foot right of way as now established; thence Northeasterly, along said Southeasterly right of way line the following three courses: course one, North 55° 19' 25" East, a distance of 11,557.34 feet to a point of curvature of a curve concave Southeasterly, having a radius of 943.73 feet; course two, Northeasterly along the arc of said curve, through a central angle of 23°49’06", an arc length of 392.32 feet to the point of tangency of said curve, said arc being subtended by a chord bearing and distance of North 67° 13’ 58" East, 389.50 feet; course three, North 79° 08' 31" East, 1466.20 feet; thence South 18° 23' 07" East, departing said Southeasterly right of way line, 2599.93 feet; thence South 83°04’51" East, 711.15 feet; thence South 08°52’10" East, 4360.19 feet to a point lying on said Southerly line of Township 4 South, Range 29 East; thence South 89° 28' 18" West, along said Township line, 8236.57 feet to the Point of Beginning.

LESS AND EXCEPT: Those lands described and recorded in Official Records Book 1097, Page 1072 and Official Records Book 1443, Page 1680, of the Public Records of said County.

Containing 851.84 acres, more or less.

ALSO

TRACT “D”

Portions of Sections 57 and unsurveyed Section 34, Township 4 South, Range 29 East, St. Johns County, Florida being more particularly described as follows:

For Point of Reference, commence at the Southwest corner of Section 32, Township 4 South, Range 29 East, and run North 89 27' 34" East, along the Southerly line of said Township, a distance of 14,134.03 feet to its point of intersection with the Westerly right of way line of Florida East Coast Canal (Intracoastal Waterway) as recorded in Map Book 4, Pages 68 through 78, Public Records of St. Johns County, Florida and the Point of Beginning.

From the Point of Beginning thus described, run North 25 46' 44" West along said Westerly right of way line, a distance of 2,500.00 feet; run thence South 49 50' 45" West, departing said line, a distance of 3,546.61 feet to a point on aforesaid Southerly Township line; run thence North 89 27' 34" East, along said Township line, a distance of 3,798.13 feet to the Point of Beginning.

LESS AND EXCEPT any portion of the above described lands lying below the mean high water line of the Tolomato River.

Containing 98.59 acres, more or less.

ALSO

TRACT “E”

Parcel 1

A part of Sections 1, 2, 3 and l1, all in Township 5 South, Range 28 East, St. Johns County, Florida, more particularly described as follows:

For a Point of Beginning, commence at the Northeast corner of said Section 2; thence South 8937' 49" West, along the North line of said Section 2 (the same being the North line of Township 5 South and being the line dividing Duval County from St. Johns County), a distance of 5349.29 feet to the Northeast corner of said Section 3; thence South 89 37' 49" West, along the North line of said Section 3, and along said line dividing Duval County from St. Johns County, a distance of 225.00 feet the Northeast corner of the lands described in Official Records 919, Page 0475 of the Public Records of said County; thence along the boundary line of said lands the following six courses: 1) South 29 37' 49" West, a distance of 795.13 feet; 2) South 89 37' 49" West, a distance of 235.03 feet; 3) North 30 22' 11" West, a distance of 760.49 feet; 4) South 89 37' 49" West, 30 feet Southerly of and parallel with the aforementioned North line of Section 3, a distance of 1,833.24 feet; 5) South 75 36' 44" West, a distance of 309.21 feet; 6) South 89 37' 49" West, a distance of 107.20 feet to a point on the Northeasterly right of way line of U.S. Highway No. 1 (State Road No. 5); thence South 41 52' 01" East, along said right of way line, a distance of 2,505.37 feet to an angle point in said right of way line; thence South 41 01' 01" East continuing along said Northeasterly right of way line, a distance of 911.85 feet; thence North 89 16' 00" East, along the Southerly line of the lands described in Deed Book 204, Page 330 of the aforementioned Public Records, a distance of 1,557.93 feet to a point on the Northeasterly right of way line of a 50 foot right of way known as “Old Dixie Highway”; thence South 23 06' 04" East, along said Northeasterly right of way line, a distance of 409.90 feet to an angle point in said right of way line; thence South 23 53' 04" East, continuing along said Northeasterly right of way line, a distance of 1,470.07 feet to an angle point in said right of way line; thence South 39 52' 04" East, continuing along said Northeasterly right of way line, a distance of 1,680.82 feet to an intersection with the Northwesterly right of way line of Palm Valley Road, County Road No. 210, as now established as a 100 foot right of way; thence Northeasterly along said right of way line the following six courses: 1) North 41 36' 00" East, a distance of 1,021.40 feet to the point of curvature of a curve concave Southeasterly, having a radius of 416.47 feet; 2) Northeasterly along the arc of said curve, a chord bearing of North 56 39' 27" East, a chord distance of 216.39 feet, an arc distance of 218.90 feet to the point of tangency of said curve; 3) North 71 42' 54" East, a distance of 746.02 feet to the point of curvature of a curve concave Northwesterly, having a radius of 809.92 feet; 4) Northeasterly along the arc of said curve, a chord bearing of North 63 32' 22" East, a chord distance of 230.35 feet and an arc distance of 231.14 feet to the point of tangency of said curve; 5) North 55 21' 50" East, a distance of 1,769.51 feet to an intersection with the East line of aforementioned Section 2; 6) continue North 55 21' 50" East, a distance of 6,269.03 feet to an intersection with the North line of aforementioned Section 1; thence South 89 06' 30" West, along said North line of Section 1 (the same being the North line of Township 5 South and being the line dividing Duval County from St. Johns County), a distance of 5,223.14 feet to the Northwest corner of said Section 1 and the Point of Beginning.

Containing 881.20 acres, more or less.

ALSO

TRACT “E”

Parcel 2

A part of Section 2, Township 5 South, Range 28 East, St. Johns County, Florida more particularly described as follows:

For a Point of Beginning, commence at the intersection of the Northeasterly right of way line of U.S. Highway No. 1 (State road No. 5) with the West line of said Section 2; thence North 00 59' 33" West, along said West line of Section 2, a distance of 125.93 feet; thence North 89 16' 57" East, along the North line of Tract 11 of an unrecorded subdivision known as Durbin Subdivision, a distance of 836.38 feet to the point on the Southwesterly right of way line of a 50 foot right of way known as “Old Dixie Highway”; thence South 23 53' 04" East, along said Southwesterly right of way line, a distance of 388.35 feet to an angle point in said right of way line; thence South 39 52' 04" East, continuing along said Southwesterly right of way line, a distance of 403.00 feet; thence South 89 17' 26" West, along the South line of aforementioned Tract 11, a distance of 782.06 feet to a point on the aforementioned Northeasterly right of way line of U.S. Highway No. 1; thence North 41 01' 01" West, along said Northeasterly right of way line, a distance of 712.66 feet to the Point of Beginning.

Containing 12.60 acres, more or less.

ALSO

TRACT “F”

A tract of land comprised of the East 1/2 of Section 12 and the Northeast 1/4 of Section 13, Township 5 South, Range 28 East, St. Johns County, Florida, less and except that portion lying within the boundary of Subdivision of Hilden recorded in Map Book 3, Page 59, of the Public Records of said County, said tract being more particularly described as follows:

For Point of Beginning, commence at the Northeast corner of said Section 12, and run South 02 32' 48" East, along the Easterly boundary of said Section, a distance of 5,331.05 feet to the Southeast corner of said Section; run thence South 01 38' 27" East, along the Easterly boundary of said Section 13, a distance of 2,487.50 feet to the Southeast corner of the Northeast 1/4 of said Section; run thence South 87 23' 00" West, along the Southerly line of said Northeast 1/4, a distance of 1,733.13 feet; run thence North 43 10' 20" West, a distance of 1,268.24 feet; run thence North 50 05' 18" East, a distance of 498.34 feet; run thence North 40 25' 16" West, a distance of 766.09 feet to a point on aforesaid Westerly line of the Northeast 1/4 of Section 13; run thence North 00 46' 57" West, along said Westerly line and along the Westerly line of the East ½ of Section 12, a distance of 6,046.27 feet to the Northwest corner of the said East ½ of Section 12; run thence North 89 35' 26" East, along the Northerly boundary of said Section 12, a distance of 2,488.06 feet to the Point of Beginning.

Containing 452.84 acres, more or less.

ALSO

TRACT “G”

A portion of Section 37, Township 5 South, Range 28 East, St. Johns County, Florida described in deed recorded in Official Records Book 675, Page 350, Public Records of said County and being more particularly described as follows:

For Point of Beginning, commence at the extreme Northerly corner of said Section 37 and run South 40 55' 04" West, along the Northwesterly boundary of said Section, a distance of 269.22 feet; run thence South 37 41' 20" East, a distance of 148.80 feet; run thence South 52 27' 18" West, a distance of 240.00 feet to a point on the Northeasterly right of way line of U.S. Highway No.1, State Road No. 5; run thence South 37 47' 17" East, along said right of way line, a distance of 200.00 feet; run thence North 52 12' 43" East, a distance of 240.00 feet; run thence South 37 47' 17" East, a distance of 100.00 feet; thence South 52 12' 43" West, a distance of 240.00 feet to said Northeasterly right of way line; run thence South 37 47' 17" East, along said right of way line, a distance of 300.00 feet; run thence North 52 12' 43" East, a distance of 240.00 feet; run thence South 37 47' 17" East, a distance of 50.00 feet; run thence South 52 12' 43" West, a distance of 240.00 feet to aforesaid Northeasterly right of way line; run thence South 39 04' 14" East, along said right of way line, a distance of 2,011.89 feet to its point of intersection with the Southwesterly line of said Section 37; run thence South 83 10' 07" East, along said Section line, a distance of 383.30 feet to the extreme Southerly corner of said Section; run thence North 00 14' 24" East, along said Section line, a distance of 1,126.79 feet; run thence North 56 19' 41" West, continuing along said Section line, a distance of 1,301.59 feet; run thence North 43 06' 02" West, along said Section line, a distance of 1,014.06 feet to the Point of Beginning.

Containing 44.88 acres, more or less.

ALSO

TRACT “H”

A tract of land comprised of all or portions of surveyed and unsurveyed Sections 3, 10 and 15; all of Sections 4, 5, 7, 8, 9, 16, 17, 18, 20, 21, 39, 62, 63, 64, 65, 66, and portions of Sections 6, 19 and 61, Township 5 South, Range 29 East, St. Johns County, Florida, said tract being more particularly described as follows:

For Point of Beginning, commence at the Northeast corner of Section 6, Township 5 South, Range 29 East, and run South 89 27' 34" West, along the Northerly line of said Section, a distance of 5245.88 feet to its point of intersection with the Southeasterly right of way of Palm Valley Road, County Road No. 210; run thence South 55 21' 50" West, along said right of way line, a distance of 68.75 feet to a point on the Westerly boundary of said Section; run thence South 00 56' 57" West, along said Section line, a distance of 5407.34 feet to the Southwest corner of said Section; run thence South 02 32' 48" East, along the Westerly boundary of Section 7, said Township and Range, a distance of 5331.05 feet to the Southwest corner thereof; run thence South 01 38' 27" East, along the Westerly line of Section 18, said Township and Range, a distance of 4909.80 feet to the Northwesterly corner of Section 40; run thence along the boundary of said Section 40 as follows: first course, South 55 40' 59" East, a distance of 1887.09 feet; second course, South 79 34' 02" East, a distance of 639.79 feet; third course, South 07 57' 59" East, a distance of 1679.42 feet; fourth course, North 59 54' 33" West, a distance of 2797.08 feet to the Southwesterly corner of said Section; run thence South 01 29' 54" East, along the Westerly line of Section 19, aforesaid Township and Range, a distance of 395.62 feet to the Northeast right of way line U.S. Highway 1, State Road No. 5; run thence South 37 55' 34" East, along said right of way line, a distance of 3131.90 feet to its point of intersection with the Northerly line of Section 41, said Township and Range and the Northerly boundary of Woodland Heights according to the plat recorded in Map Book 3, Page 78, Public Records of St. Johns County, Florida; run thence South 74 56' 37" East, along said Section line and subdivision line, a distance of 1096.67 feet; run thence North 13 29' 52" West, along said subdivision line, a distance of 183.21 feet; run thence North 02 39' 45" East, along said subdivision line, a distance of 265.41 feet; run thence South 89 01' 13" East, along said subdivision line and its Easterly projection, a distance of 574.74 feet to the Easterly right of way line of Old Dixie Highway lying on the Westerly line of Official Records Book 1353, Page 1476, Public Records of said County; run thence South 15 19' 35" East, along said line, a distance of 1354.50 feet to a point on the Southerly boundary of aforementioned Section 19; run thence North 88 50' 30" East, along said Southerly boundary, a distance of 1401.68 feet to the Southeast corner of said Section; run thence North 89 10' 44" East along the Southerly line of Sections 20 and 21, and its Easterly projection, a distance of 8762.95 feet, more or less to the center of the run of an unnamed creek (Sweetwater Creek); run thence Northeasterly along the center of said run following the meanderings of same, to its point of intersection with the line dividing unsurveyed Sections 15 and 22, said point of intersection bearing North 28 40' 40" East and a distance 5998.15 feet from last said point; run thence North 89 17' 02" East, along said Section line, a distance of 2378.54 feet to a point on the Westerly right of way line of the Intracoastal Waterway, per Deed Book 193, Page 387, Public Records of said County; run thence in a Northerly direction along the West edge of the waters of the Tolomato River to a point on the North boundary of said Township 5 South, Range 29 East, said waters edge being traversed as follows: first course, North 07 25' 34" West, along said Westerly right of way line of the Intracoastal Waterway, a distance of 1870.17 feet; second course, North 36 44' 53" East continuing along said right of way line, a distance of 202.90 feet; third course, North 14 22' 06" East, a distance of 8564.35 feet to a point on said Westerly right of way line of the Intracoastal Waterway; fourth course, North 07 59' 12" West along said right of way line, a distance of 740.00 feet; fifth course, North 21 43' 09" West along said right of way line, a distance of 3362.70 feet; sixth course, North 25 49' 03" West, along said right of way line, a distance of 1899.59 feet to the point of termination of said traverse on the Northerly boundary of said Township; run thence South 89 27' 34" West, along said Township line, a distance of 14134.03 feet to the Point of Beginning.

LESS AND EXCEPT any portion of the above described lands lying below the mean high water line of the Tolomato River, owned by the State.

Containing 8465.72 acres, more or less.

ALL OF THE FOREGOING TRACTS, LESS AND EXCEPT THE FOLLOWING NOCATEE PRESERVE PARCEL

Legal Description for Nocatee Preserve Parcel

A parcel of land lying in a portion of unsurveyed Section 34 and a portion of Section 57, the William Travers Grant all lying within Township 4 South, Range 29 East, St. Johns County, Florida, together with all of fractional Sections 3 and 10, and all of Section 66, the William Travers or Smith Grant, together with a portion of fractional Sections 4, 9, 15, and 16, unsurveyed Sections 3, 10 and 15, a portion of Section 39, the Hannah Smith Grant, a portion of Section 62, the William Travers Grant, a portion of Section 65, the William Travers Grant, all lying within Township 5 South, Range 29 East, St. Johns County, Florida and being more particularly described as follows:

For a Point of Reference, commence at the corner common to Sections 19, 20, 29 and 30 of said Township 5 South, Range 29 East; thence North 89 09' 44" East, along the dividing line of said Sections 20 and 29, a distance of 200.00 feet to a point; thence North 00 53' 59" West, departing said dividing line, a distance of 21,013.50 feet; thence North 89 28' 18" East, 7845.55 feet to the Point of Beginning.

From the Point of Beginning, continue thence North 89 28' 18" East, 2002.82 feet to a point; thence North 49 45' 40" East, 2486.26 feet more or less to a point lying on the Westerly Mean High Water Line of the Tolomato River; thence Northeasterly along the meanderings of said Westerly Mean High Water Line, 1,536 feet, more or less to a point which bears North 49 45' 40" East and lies 891.44 feet distant from last said point; thence continue North 49 45' 40" East, 558.42 feet more or less to a point lying on the Westerly line of the Florida East Coast Canal (Intracoastal Waterway) as depicted on plat thereof, recorded in Map Book 4, Pages 68 through 78 of the Public Records of said County; thence South 25 27' 19" East, along said Westerly line, 658.77 feet more or less to an intersection with said Westerly Mean High Water Line of the Tolomato River; thence, departing said Westerly canal line, Southwesterly, Southerly and Northeasterly, along meanderings of said Westerly Mean High Water Line, 4890 feet, more or less to an intersection with said Westerly line of said canal which bears South 25 27' 19" East and lies 882.67 feet distant from last said point; thence South 25 27' 19" East, along said Westerly canal line, 475.74 feet more or less to an intersection with said Westerly Mean High Water Line of the Tolomato River; thence Southerly along the meanderings of said Westerly Mean High Water Line, 33,500 feet more or less, to its convergence with the Northerly Mean High Water Line of the Northerly prong of Smith Creek which bears South 12 08' 19" West and lies 6736.68 feet distant from last said point; thence Northwesterly, along the meanderings of said Northerly Mean High Water Line of Smith Creek, 6340 feet more or less to its convergence with the Southerly Mean High Water Line of said Northerly prong of Smith Creek which bears North 50 08' 35" West and lies 2947.90 feet distant from last said point; thence Southeasterly, along the meanderings of said Southerly Mean High Water Line, 4590 feet more or less to its convergence with the Northerly Mean High Water Line of the Southerly prong of said Smith Creek which bears South 44 01' 31" East and lies 2750.85 feet distant from last said point; thence Southwesterly, along said Northerly Mean High Water Line, 3210 feet more or less to its convergence with the Southerly Mean High Water Line of said Southerly prong of Smith Creek which bears South 59 59' 47" West and lies 1535.26 feet distant from last said point; thence Northeasterly, along the meanderings of said Southerly Mean High Water Line, 4,950 feet more or less to its convergence with said Westerly Mean High Water Line of said Tolomato River which bears North 78 09' 08" East and lies 2092.17 feet distant from last said point; thence Southerly along the meanderings of said Westerly mean high water line, 50,020 feet, more or less, to its intersection with the Northeasterly line of that portion of the Intracoastal Waterway described and recorded in Deed Book 193, Page 387 (Parcel RWN 231-B) of the Public Records of St. Johns County, Florida which bears South 11 08' 21" East and lies 7496.56 feet distant from last said point; thence North 53 26' 01" West, along said Northeasterly line, 128.75 feet, more or less, to an intersection with said Westerly mean high water line; thence Northerly, Northwesterly and Southwesterly departing said Northwesterly line of Parcel RWN 231-B, and along said Westerly Mean High Water Line of the Tolomato River, 190 feet, more or less, to an intersection with the Northwesterly line of said parcel which bears South 56 09' 33" West and lies 132.37 feet distant from last said point; thence South 36 33' 59" West, along said Northwesterly line of Parcel RWN 231-B, 78.19 feet, more or less, to the Northwesterly corner thereof; thence South 07 36' 28" East, along the West line of said parcel, 72.81 feet, more or less, to an intersection with said Westerly Mean High Water Line of the Tolomato River; thence Northwesterly, Southwesterly, Southerly and Easterly along the meanderings of said Westerly mean high water line, 2025 feet, more or less, to an intersection with said West line of Parcel RWN 231-B which bears South 07 36' 28" East and lies 228.65 feet distant from last said point; thence continue South 07 36' 28" East, departing said Westerly Mean High Water Line of the Tolomato River, along said West line of Parcel RWN 231-B, a distance of 1558.54 feet, more or less, to the Southwest corner of said parcel, said point also lying on the Easterly prolongation of the line dividing said Section 15 and Section 22 of said Township 5 South, Range 29 East; thence South 88 59' 50" West, along said Easterly prolongation and along said line dividing Sections 15 and 22, a distance of 2392.50 feet more or less to its intersection with the Northerly Mean High Water Line of Deep Creek; thence Northwesterly, along the meanderings of said Northerly Mean High Water Line, 969 feet, more or less to a point which bears North 40 12' 46" West and lies 661.31 feet distant from last said point; thence North 03 47' 40" East, departing said Northerly Mean High Water Line of Deep Creek, 163.23 feet more or less; thence sequentially, along the following ninety-five (95) line courses to the Point of Beginning:

Less and except any portions thereof lying within the lands described and recorded in Deed Book 193, Page 387 (Parcel RWN 231-B) , and the lands depicted in Map Book 4, Pages 68 through 78 of the Public Records of said county.

Containing 1,630 acres, more or less.

Containing 13,376.91 11,355.06 TOTAL acres, more or less.

Rulemaking Specific Authority 190.005, 190.046 FS. Law Implemented 190.004, 190.046, 190.005 FS. History–New 7-29-04, Amended________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Lisa Saliba, Executive Office of the Governor, The Capitol, Room 1801, Tallahassee, Florida 32399-0001; telephone [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Land and Water Adjudicatory Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 17, 2009

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 25, 2009