AND SUMMARY: The purpose of this proposed rule is to establish a community development district (“CDD”), the Madeira Community Development District (“District”), pursuant to Chapter 190, F.S. The petition (amended during the November 15, 2005, ...

 

AGENCY:  Land and Water Adjudicatory Commission

RULE CHAPTER NO.: RULE CHAPTER TITLE:

RULE CHAPTER TITLE:42CCC-1 Madeira Community Development District

RULE NOS.: RULE TITLES

RULE TITLES:42CCC-1.001 Establishment

Boundary42CCC-1.002 Boundary

Supervisors42CCC-1.003 Supervisors

PURPOSE, EFFECT AND SUMMARY: The purpose of this proposed rule is to establish a community development district (“CDD”), the Madeira Community Development District (“District”), pursuant to Chapter 190, F.S.  The petition (amended during the November 15, 2005, local public hearing) filed by Ponce Associates, LLC, requests the Commission establish a community development district located within the City of St. Augustine, St. Johns County, Florida.  A Notice of Receipt of Petition for the Madeira Community Development District was published in the October 28, 2005, edition of the Florida Administrative Weekly.  The land area proposed to be served by the District comprises approximately 1,006.5 acres (The original petition described the proposed District as approximately 1,010 acres in size.  However, the District’s legal description was amended to approximately 1,006.5 in size.).  A general location map is contained as Exhibit 1 to the amended petition to establish the District.  The proposed District is located generally on the east side of U.S. 1 North between Ocean Boulevard to the north and Poinciana Avenue to the south.  There are no parcels located within the external boundaries of the proposed District which are to be excluded from the District.  The Petitioner either owns or has written consent to establish the District from the landowners of one hundred percent (100%) of the real property located within the proposed District.  The development has been approved for 749 residential units consisting of 469 single family homes, 114 condominium units, and 166 town homes.  In addition, 170,000 square feet of commercial space is planned.  Currently, the lands to be included in the District are zoned planned unit development (PUD).  The District, if established, currently intends to finance certain master infrastructure improvements including roads, water, sewer, stormwater management, recreational facilities, landscape/entry features, and professional fees.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The statement of estimated regulatory costs (SERC) as revised on September 20, 2005, supports the petition, as amended, to establish the District.  The complete text of the revised SERC is contained as Exhibit 8 to the petition, as amended.  The scope of the revised SERC is limited to evaluating the regulatory costs consequences of approving the proposal to establish the District.  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, small counties, and small cities; (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 principal entities that are likely to be required to comply with the rule include the District, the State of Florida, the City of St. Augustine, and St. Johns County.  In addition, current and future property owners will be affected by the establishment of the proposed District.  Under section (b), FLWAC and the State of Florida will incur minimal administrative costs.  The City of St. Augustine and St. Johns County will not incur any quantifiable on-going costs resulting from the on-going administration of the District.  Adoption of the proposed rule to approve the formation of the District will not have an adverse impact on State and local revenues.  Addressing section (c), the District may levy non-ad valorem special assessments on properties within its boundaries to finance infrastructure that the District funds and to defray the costs of operating and maintaining the infrastructure and associated community facilities.  The District may issue notes, bonds, or other indebtedness to fund its improvement program.  Prospective future land owners would be required to pay off such indebtedness over time in the form of non-ad valorem special assessments or other rates, fees or charges.  The District may also impose an annual levy for the operation and maintenance of the District.  Under section (d), approval of the petition, as amended, to establish the District will have no impact or a positive impact on all small businesses.  The petition, as amended, to establish the District will not have an impact on small counties and small cities as defined by section 120.52, F.S., as the City of St. Augustine is not defined as a small city and St. Johns County is not defined as a small county.  Under section (e), certain data was provided by the developer/petitioner and represents the best information available at this time.  Other data was provided by Rizzetta & Company and was based on observations, analysis and experience with private development and other community development districts in various stages of existence.  Input was received from the developer’s engineer and other professionals associated with the developer.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW (IF NOT REQUESTED, A HEARING WILL NOT BE HELD):

DATE AND TIME: Friday, March 31, 2006, 10:00 a.m. - Noon,

PLACE: Room 2107, The Capitol, Tallahassee, Florida

Any person requiring a special accommodation to participate in the workshop because of a disability should contact Barbara Leighty, [phone], at least five (5) business days in advance to make appropriate arrangements.

 

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Leighty, Senior Policy Analyst, Florida Land and Water Adjudicatory Commission, The Capitol, Room 1801, Tallahassee, Florida 32399-0001, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

42CCC-1Madeira Community Development District

 

42CCC-1.001 Establishment.

The Madeira Community Development District is hereby established.

Specific Authority 190.005 FS. Law Implemented 190.004 FS., 190.005 FS. History-New __________.

 

42CCC-1.002 Boundary.

The boundaries of the District are as follows:

PARCEL  "A":

A PARCEL OF LAND IN SECTION 54, TOWNSHIP 6 SOUTH, RANGE 29 EAST, UNSURVEYED SECTIONS 30 AND 31, TOWNSHIP 6 SOUTH, RANGE 30 EAST AND SECTION 42, TOWNSHIP 6 SOUTH, RANGE 3 0 EAST, ST. JOHNS COUNTY, FLORIDA AND IN NORTH ST. AUGUSTINE AS RECORDED IN MAP BOOK 3, PAGE 20, PUBLIC RECORDS OF ST. JOHNS COUNTY, FLORIDA ALL OF SAID PARCEL OF LAND BEING IN ST. JOHNS COUNTY, FLORIDA AND BEING MORE FULLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 WITH THE NORTH LINE OF POINCIANA AVENUE, SAID EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 BEING 78' EAST FROM AND PARALLEL WITH THE CENTER LINE OF THE SOUTH BOUND TRAFFIC LANES OF SAID HIGHWAY AND THE NORTH LINE OF POINCIANA AVENUE BEING 30' NORTH FROM AND PARALLEL WITH THE SOUTH LINE OF SAID AVENUE AS SHOWN ON REVISED PLAT OF FORT MOOSA GARDENS AS RECORDED IN MAP BOOK 4, PAGE 34, PUBLIC RECORDS OF SAID COUNTY, SAID NORTH LINE OF AVENUE BEING INDICATED ON SAID PLAT OF FORT MOOSA GARDENS AS "PROPERTY LINE"; THENCE N29°03'48"W ON SAID EAST RIGHT-OF-WAY LINE OF HIGHWAY 2,028.73' TO THE POINT OF BEGINNING AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUING ON SAID RIGHT-OF-WAY LINE, N29°03'48"W, 160.52 FEET; THENCE CONTINUING ON SAID RIGHT-OF-WAY LINE, N28°28'53"W, 1,943.65'; THENCE CONTINUING ON SAID RIGHT-OF-WAY LINE, N29°03'17"W, 1,029.43'; THENCE N60°59'38"E ON THE SOUTHEAST LINE OF JACKSON PARK AS RECORDED IN MAP BOOK 3 PAGE 51, PUBLIC RECORDS OF SAID COUNTY AND ON THE SOUTHEAST LINE OF DE LEON MANORS AS RECORDED IN MAP BOOK 8, PAGE 80, PUBLIC RECORDS OF SAID COUNTY 2,101.26'; THENCE N28°59'54"W ON THE SOUTHWEST LINE OF THE EAST 2 02' OF TRACT "D" IN NORTH ST. AUGUSTINE AS RECORDED IN MAP BOOK 3, PAGE 20, PUBLIC RECORDS OF SAID COUNTY 600.13'; THENCE N61'°00'06"E ON THE NORTHWEST LINE OF SAID TRACT "D" AND OF TRACT "E" IN SAID NORTH ST. AUGUSTINE, 252.00'; THENCE N28°59'54"W ACROSS OCEAN BOULEVARD AND ON THE SOUTHWEST LINE OF TRACT "H" IN SAID NORTH ST. AUGUSTINE, 650.00'; THENCE N61°07'23"E ON THE NORTHWEST LINE OF TRACTS "H" "G" AND "G-1" OF SAID NORTH ST. AUGUSTINE AND ON THE NORTHEASTERLY EXTENSION OF THAT LINE, 953.48'; THENCE S48°52'37"E ON THE MEANDER LINE OF THE MARSH OF NORTH RIVER, 380.00'; THENCE S01°37'23"W ON SAID MEANDER LINE, 975.00'; THENCE S55°58'51"E ON SAID MEANDER LINE, 552.35'; THENCE DUE SOUTH 390.00'; THENCE DUE WEST 200.00'; THENCE DUE SOUTH 365.00'; THENCE S81°17'19"W,  627.24'; THENCE S03°05'24"E,  2,263.29'; THENCE S72°48'05"W, 263.80';  THENCE S16°34'58"E, 753.33';  THENCE DUE WEST 763.64' TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL OF THAT PART OF OCEAN BOULEVARD LYING NORTHEAST OF THE SOUTHWEST LINE OF SAID TRACT WH" IN NORTH ST. AUGUSTINE EXTENDED SOUTHEASTERLY ACROSS SAID OCEAN BOULEVARD; AND ALSO EXCEPTING THEREFROM THAT PORTION THEREOF LYING EAST OF AND ADJOINING BLOCKS "F", "F-l" AND "G-l" OF SAID PLAT BOOK 3, PAGE 2 0 AND BETWEEN THE NORTH LINE OF BLOCK "G-l" PRODUCED EASTERLY, AND THE SOUTH LINE OF SAID BLOCK "F-l" PRODUCED EASTERLY.

PARCEL "B":

A PARCEL OF LAND IN SECTION 54, TOWNSHIP 6 SOUTH, RANGE 29 EAST; SECTION 49, TOWNSHIP 7 SOUTH, RANGE 29 EAST; SECTION 42 AND UNSURVEYED SECTION 31, TOWNSHIP 6 SOUTH, RANGE 30 EAST, AND SECTION 60, TOWNSHIP 7 SOUTH, RANGE 30 EAST, AND SECTION 60, TOWNSHIP 7 SOUTH, RANGE 3 0 EAST, ALL IN ST. JOHNS COUNTY, FLORIDA AND BEING MORE FULLY DESCRIBED AS FOLLOWS;

BEGINNING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 WITH THE NORTH LINE OF POINCIANA AVENUE, SAID EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 BEING 78' EAST FROM AND PARALLEL WITH THE CENTER LINE OF THE SOUTH BOUND TRAFFIC LANES OF SAID HIGHWAY AND THE NORTH LINE OF POINCIANA AVENUE BEING 30' NORTH FROM AND PARALLEL WITH SOUTH LINE OF SAID AVENUE AS SHOWN ON REVISED PLAT OF FORT MOOSA GARDENS AS RECORDED IN MAP BOOK 4, PAGE 34, PUBLIC RECORDS OF SAID COUNTY, SAID NORTH LINE OF AVENUE BEING INDICATED ON SAID PLAT OF FORT MOOSA GARDENS AS "PROPERTY LINE"; THENCE N29°03'48"W ON SAID EAST RIGHT-OF-WAY LINE OF HIGHWAY 2,028.73'; THENCE DUE EAST 763.64'; THENCE N16°34'58"W, 753.33'; THENCE N72°48'05"E, 263.80'; THENCE N03°05'24"W, 2,263.29';  THENCE N81°17'19"E,  627.24'; THENCE DUE NORTH 365.00'; THENCE DUE EAST 200.00'; THENCE DUE NORTH 390.00'; THENCE DUE EAST 180.00'; THENCE S32°36'45"E, 1,400.87'; THENCE S24°19'23"E, 1,371.76'; THENCE S05°11'40'E,  828.40';  THENCE S78°27'12"W,  453.30';  THENCE S17°18'42"E, 818.90'; THENCE S72°41'18"W, 624.11'; THENCE S35°56'56"E ALONG THE EAST EDGE OF A MARSH 233.53' ; THENCE S70°13'47"W ALONG THE SOUTH SIDE OF A MARSH AND THE NORTH SIDE OF A ROAD, 252.37'; THENCE S21°12'17"E ACROSS SAID ROAD, 76.57'; THENCE N67°56'03'E ALONG THE NORTH SIDE OF A MARSH AND THE SOUTH SIDE OF SAID ROAD, 167.03'; THENCE S20°19'23"E ALONG THE FACE OF A TIMBER BULKHEAD, 86.38'; THENCE N70°44'27"E ALONG THE FACE OF A TIMBER BULKHEAD,  87.92'; THENCE N63°01'48"E  ALONG THE NORTH LINE OF A MARSH,  135.36';  THENCE S51°10'57"E ALONG THE NORTHEAST LINE OF A MARSH, 167.34'; THENCE S25°47'06"W ALONG THE WEST LINE OF A MARSH, 179.36'; THENCE S20°10'46'E ALONG THE EAST LINE OF A MARSH, 124.65'; THENCE S62°26'50"E ALONG THE NORTHEAST LINE OF A MARSH, 5.62'; THENCE S67°25'00"W ON THE EASTERLY EXTENSION OF SAID NORTH LINE OF POINCIANA AVENUE AND ON SAID NORTH LINE OF POINCIANA AVENUE 1,849.77' TO THE POINT OF BEGINNING.

PARCEL "C":

A PARCEL OF LAND IN SECTION 42, TOWNSHIP 6 SOUTH, RANGE 3 0 EAST, ST. JOHNS COUNTY, FLORIDA, MORE FULLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 WITH THE NORTH LINE OF POINCIANA AVENUE SAID EAST RIGHT-OF-WAY OF U.S. HIGHWAY NO. 1 BEING 78' EAST FROM AND PARALLEL WITH THE CENTER LINE OF THE SOUTH BOUND TRAFFIC LANES OF SAID HIGHWAY AND THE NORTH LINE OF POINCIANA AVENUE BEING 30' NORTH FROM AND PARALLEL WITH THE SOUTH LINE OF SAID AVENUE AS SHOWN ON REVISED PLAT OF FORT MOOSA GARDENS AS RECORDED IN MAP BOOK 4, PAGE 34, PUBLIC RECORDS OF SAID COUNTY, SAID NORTH LINE OF AVENUE BEING INDICATED ON SAID PLAT OF FORT MOOSA GARDENS AS "PROPERTY LINE"; THENCE N67°25'00"E ON SAID NORTH LINE OF POINCIANA AVENUE, 1416.90'; THENCE N05°31'30"W, 499.41 FEET TO THE POINT OF BEGINNING; THENCE N21°12'17"W ACROSS A ROAD, 76.57'; THENCE N70°13'47"E ALONG THE NORTH SIDE OF SAID ROAD AND THE SOUTH SIDE OF A MARSH, 252.37'; THENCE N35°56'56"W ALONG THE EAST SIDE OF A MARSH, 233.53'; THENCE N72°41'18"E, 624.11'; THENCE N17018'42"W, 45.00'; THENCE MEANDERING ALONG THE EDGE OF A MARSH THE FOLLOWING BEARINGS AND DISTANCES: N79°49'10"E/ 182.22'; THENCE S03°58'07"E/ 225.45'; THENCE S10oll'58"W, 544.36'; THENCE S04°01'20"E, 129.59'; THENCE S37°27'24"W, 156.21'; THENCE N62°26'50"W,  207.54'; THENCE N20°10'46"W, 124.65'; THENCE N25°47'06"E, 179.36';   THENCE N51°10'57"W,  167.34'; THENCE S63°01'48"W, 135.36' TO THE EAST END OF A TIMBER BULKHEAD; THENCE S70°44'27"W ALONG THE SOUTH FACE OF A TIMBER BULKHEAD, 87.92'; THENCE N20°19'23"W ALONG THE WEST FACE OF A TIMBER BULKHEAD, 86.38'; THENCE S67°56'03"W ALONG THE SOUTH SIDE OF A ROAD AND NORTH SIDE OF A MARSH, 167.03' TO THE POINT OF BEGINNING.

LESS AND EXCEPT:

THAT PART OF SECTION 54, TOWNSHIP 6 SOUTH, RANGE 29 EAST; SECTION 49, TOWNSHIP 7 SOUTH, RANGE 29 EAST; SECTION 42 AND UNSURVEYED SECTION 31, TOWNSHIP 6 SOUTH, RANGE 30 EAST AND SECTION 60, TOWNSHIP 7 SOUTH, RANGE 30 EAST; ALL IN ST. JOHNS COUNTY, FLORIDA DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 AND THE NORTHERLY PROPERTY LINE OF THE REVISED PLAT OF FORT MOOSA GARDENS, AS RECORDED IN MAP BOOK 4, PAGE 34, PUBLIC RECORDS OF ST. JOHNS COUNTY AND ASSUMING SAID EASTERLY RIGHT-OF-WAY LINE BEARS S29°03'48"E; THENCE N60°21'57"E, 874.42' TO THE POINT OF BEGINNING OF THE LAND TO BE DESCRIBED, SAID POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE N09°16'25"W, 335.31'; THENCE S80°43'33"W, 29.05'; THENCE N09°16'25"W, 8.41'; THENCE NORTHWESTERLY 95.45', ALONG A TANGENTIAL CURVE, CONCAVE TO THE SOUTHWEST, HAVING A CENTRAL ANGLE OF 41° 41'10* AND A RADIUS OF 131.19'; THENCE N41°15'20"E, NOT TANGENT TO THE SAID CURVE, 66.05'; THENCE NORTHEASTERLY 64.18', ALONG A TANGENTIAL CURVE, CONCAVE TO THE NORTHWEST HAVING A CENTRAL ANGLE OF 25°16'14" AND A RADIUS OF 145.51'; THENCE N15°59'06"E, 44.70'; THENCE N83°47'41"E, 84.70'; THENCE EASTERLY 122.86' ALONG A TANGENTIAL CURVE, CONCAVE TO THE SOUTHWEST, HAVING A CENTRAL ANGLE OF 19°01'38" AND RADIUS OF 369.96' TO POINT OF REVERSE CURVE; THENCE CONTINUING EASTERLY 179.16', ALONG SAID REVERSE CURVE, CONCAVE TO THE NORTHEAST, HAVING A CENTRAL ANGLE OF 32°06'50" AND A RADIUS OF 319.64'; THENCE S09°17'49"E, NOT TANGENT TO SAID REVERSE CURVE, 296.85'; THENCE S20°06'20"W, 105.57'; THENCE S09°16'25"E, 125.00' TO THE INTERSECTION WITH A LINE THAT BEARS N80°43'35"E FROM THE POINT OF BEGINNING; THENCE S80°43'35"W, 375.00' TO THE POINT OF BEGINNING,

EXCEPT THEREFROM THAT PART OF THE ABOVE DESCRIBED LAND DESCRIBED AS FOLLOWS:

COMMENCING AT HERETOFORE MENTIONED POINT "A"; THENCE N09°16'25"W, 239.79'; THENCE N80°43'35"E, 15.30' TO THE POINT OF BEGINNING; THENCE CONTINUE N80°43'35"E, 110.40'; THENCE S09°16'25"E, 60.79'; THENCE N80°43'35"E, 61.16'; THENCE N09°16'25"W, 60.79'; THENCE N80°43'35"E, 126.94'; THENCE N09°16'25"W, 120.84'; THENCE S80°43'35"W, 126.94'; THENCE N09°16'25"W, 60.14'; THENCE S80°43'35"W, 61.16'; THENCE S09°16'25"E, 60.14'; THENCE S80°43'35"W, 110.40'; THENCE S09°16'25"E, 52.62'; THENCE S80°43'35"W, 15.30'; THENCE S09°16'25"E, 15.00'; THENCE N80°43/35"E, 15.30'; THENCE S09°16'25"E, 53.22' TO THE POINT OF BEGINNING.

PARCEL 1:

ALL THOSE PORTIONS OF THE JOSEPH S. SANCHEZ GRANT SURVEYED AS SECTION 54, TOWNSHIP 6 SOUTH OF RANGE 29 EAST, SECTION 42, TOWNSHIP 6 SOUTH OF RANGE 30 EAST, SECTION 49, TOWNSHIP 7 SOUTH OF RANGE 2 9 EAST, AND SECTION 60, TOWNSHIP 7 SOUTH, RANGE 30 EAST AND THOSE PORTIONS OF GOVERNMENT' LOTS 1 AND 3, SECTION 36, TOWNSHIP 6 SOUTH OF RANGE 29 EAST, LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARY LINES:

BOUNDED ON THE NORTH BY THE SOUTH LINE OF "NORTH ST. AUGUSTINE ADDITION TO ST. AUGUSTINE, FLORIDA" ACCORDING TO PLAT THEREOF RECORDED IN PLATBOOK 3, PAGE 20, AND IN PART REPLATTED AS "JACKSON PARK," ACCORDING TO PLAT THEREOF RECORDED IN PLATBOOK 3, PAGE 51, RESPECTIVELY, OF THE PUBLIC RECORDS OF ST. JOHNS COUNTY, FLORIDA, AND ALSO BOUNDED ON THE NORTH BY THE SOUTHERLY LINE OF SAID TWO PLATTED AREAS EXTENDED EASTWARD THROUGH THE MARSHES TO THE LOW WATER MARK OF THE WEST SHORE OF NORTH RIVER, BOUNDED ON THE EAST BY THE LOW WATER MARK OF THE WEST SHORE OF SAID NORTH RIVER, BOUNDED ON THE SOUTH BY THE NORTH LINE OF FORT MOOSA GARDENS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLATBOOK 3, PAGE 71, AND THE NORTH LINE OF "REVISED PLAT OF PART OF FORT MOOSA GARDENS," ACCORDING TO PLAT RECORDED IN PLATBOOK 4, PAGE 34, RESPECTIVELY, OF THE PUBLIC RECORDS OF ST. JOHNS COUNTY, FLORIDA, AND ALSO BOUNDED GENERALLY ON THE SOUTH BY A CONTINUOUS LINE ON VARYING COURSES DESCRIBED AS FOLLOWS:

THE NORTH LINE OF SAID TWO PLATTED AREAS EXTENDED EASTWARD ACROSS A SMALL CREEK TO A MEANDER LINE ON THE EAST BANK OF SAID CREEK, WHICH MEANDER LINE IS A PART OF THE GRANT LINE OF A PORTION OF SAID SECTION 42; THENCE RUN ON SAID PART OF GRANT LINE S33°E, 120', MORE OR LESS, TO A SOUTHWEST CORNER OF SAID SECTION 42; THENCE CONTINUING ON THE GRANT LINE COURSE N50°E, 231', MORE OR LESS, TO THE EASTMOST SOUTHEAST CORNER OF SAID SECTION 42 AND THENCE DUE EAST ACROSS THE MARSHES TO THE LOW WATER MARK OF THE WEST SHORE OF SAID NORTH RIVER AND BOUNDED ON THE WEST BY THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 BEING STATE HIGHWAY NO. 5 AS SAID EAST RIGHT-OF-WAY LINE OF SAID HIGHWAY IS ESTABLISHED BY DEED OF ST. AUGUSTINE GOLF DEVELOPMENT COMPANY TO THE STATE OF FLORIDA, BEARING DATE OF FEBRUARY 8, 1926, RECORDED IN DEED BOOK 66, PAGE 338, OF THE CURRENT PUBLIC LAND RECORDS OF ST. JOHNS COUNTY, FLORIDA.

EXCEPTING FROM THE FOREGOING DESCRIPTION ALL OR ANY PART OF SECTION 43, J. ARNAU GRANT, TOWNSHIP 6 SOUTH, RANGE 30 EAST, WHICH LIES WITHIN THE BOUNDARIES OF THE ABOVE DESCRIBED LAND.

INTENDING BY THE FOREGOING DESCRIPTION TO ALSO INCLUDE THEREIN, AND INTENDING TO ALSO HEREBY CONVEY, THE SEVERAL PARCELS OF LAND CONVEYED UNTO ST. AUGUSTINE GOLF DEVELOPMENT COMPANY BY TEN DEEDS OF FLORIDA EAST COAST HOTEL COMPANY, EACH DATED NOVEMBER 10, 1915, ANOTHER DEED OF SAID HOTEL COMPANY, DATED JANUARY 20, 1926, AND ONE DEED OF FLORIDA EAST COAST RAILWAY COMPANY, DATED FEBRUARY 2, 1926-SAID TWELVE DEEDS BEING RECORDED IN THE PUBLIC LAND RECORDS OF ST. JOHNS COUNTY, FLORIDA, AS FOLLOWS (BUT EXCLUDING FROM THIS DESCRIPTION SO MUCH OF SAID PARCELS OF LAND CONVEYED IN SAID TWELVE DEEDS AS MAY LIE WEST OF THE EASTERLY RIGHT OF WAY LINE HEREIN ABOVE DESCRIBED OF SAID U.S. HIGHWAY NO. l, STATE HIGHWAY NO.5, VIZ.

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ALSO EXCEPTING FROM THE FOREGOING DESCRIPTION ALL OR ANY PART THEREOF LYING WITHIN PARCELS "A", "B" AND "C" HEREOF.

PARCEL 3:

ALL THAT PARCEL OF LAND LYING EAST OF AND ADJOINING BLOCK "F-1" AND BLOCK "G-l", ACCORDING TO PLAT BOOK 3, PAGE 20, AMENDED PLAT OF NORTH ST. AUGUSTINE ADDITION TO ST. AUGUSTINE, FLORIDA. SAID PLAT FILED FEBRUARY 15, 1924, IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, ST. JOHNS COUNTY, FLORIDA AND BETWEEN THE NORTH LINE OF BLOCK "G-1" PRODUCED EASTERLY TO NORTH RIVER, AND THE SOUTH LINE OF SAID "F-l" PRODUCED' EASTERLY TO NORTH RIVER, BEING A PART OF UNSURVEYED SECTION 25, TOWNSHIP 6 SOUTH, RANGE 29 EAST, AND PART OF UNSURVEYED SECTION 30, TOWNSHIP 6 SOUTH, RANGE 3 0 EAST.

PARCEL 5:

GRANT TO ARNAU, SECTION 43, TOWNSHIP 6 SOUTH, RANGE 3 0 EAST, ST. JOHNS COUNTY, FLORIDA.

TRACT "1":

A PARCEL OF LAND IN SECTION 42 AND UNSURVEYED SECTIONS 3 0 AND 31, TOUNSHIP 6 SOUTH, RANGE 30 EAST, ALL IN ST. JOHNS COUNTY, FLORIDA AND MORE FULLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1 WITH THE NORTH LINE OF POINCIANA AVENUE, SAID EAST RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1 BEING 7 8 FEET EAST FROM AND PARALLEL WITH THE CENTERLINE OF THE SOUTH BOUND TRAFFIC LANES OF SAID HIGHWAY AND THE NORTH LINE OF POINCIANA AVENUE BEING 3 0 FEET NORTH FROM AND PARALLEL WITH THE SOUTH LINE OF SAID AVENUE AS SHOWN ON REVISED PLAT OF FORT MOOSA GARDENS AS RECORDED IN MAP BOOK 4, PAGE 34, PUBLIC RECORDS OF SAID COUNTY, SAID NORTH LINE OF AVENUE BEING INDICATED ON SAID PLAT OF FORT MOOSA GARDENS AS "PROPERTY LINE"; THENCE N2 9°03'48"W. ON SAID EAST RIGHT OF WAY LINE OF HIGHWAY, 2,028.73 FEET; THENCE DUE EAST 763.64 FEET: THENCE N16°34'58"W 753.3 3 FEET; THENCE N72°4 8'05"E 2 63.80 FEET; THENCE N03°05'24"W 2,263.29 FEET; THENCE N81°17'19"E 627.24 FEET; THENCE DUE NORTH 3 65.00 FEET; THENCE DUE' EAST 200.00 FEET; THENCE DUE NORTH 3 90.00 FEET; TO THE POINT OF BEGINNING; THENCE N55°58'51"W 552.35 FEET; THENCE N01°37'23"E 450.00 FEET; THENCE S88°22'37"E 444.57 FEET; THENCE S32°36'45"E 975.97 FEET; THENCE S57°23'15"W 250.00 FEET; THENCE N32°36'45"W 250.00 FEET; THENCE DUE WEST 180.00 FEET BACK TO THE POINT OF BEGINNING.

EXCEPTING FROM THE FOREGOING DESCRIPTION ALL OF ANY PART THEREOF LYING WITHIN PARCEL 1 AND PARCEL 3 HEREOF.

TRACT "2":

THE EAST HALF OF VACATED SIXTH AVENUE OF NORTH ST. AUGUSTINE, AS RECORDED IN MAP BOOK 3, PAGE 20, PUBLIC RECORDS OF ST. JOHN'S COUNTY, FLORIDA, SAID SIXTH AVENUE BEING VACATED SOUTH OF THE SOUTH LINE OF OCEAN BOULEVARD OF SAID NORTH ST. AUGUSTINE BY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, RECORDED IN OFFICIAL RECORDS BOOK 935, PAG] 1803, PUBLIC RECORDS OF SAID COUNTY.

TRACT "3":

ALL OF VACATED OCEAN BOULEVARD LYING EAST OF THE EAST LINE OF TRACT "I" OF NORTH ST. AUGUSTINE, AS RECORDED IN MAP BOOK 3, PAGE 20, PUBLIC RECORDS OF ST. JOHN'S COUNTY, FLORIDA AND THE SOUTH HALF OF SAID OCEAN BOULEVARD LYING BETWEEN THE EAST LINE OF SAID TRACT "I" AND THE EAST LINE OF SIXTH AVENUE OF SAID NORTH ST. AUGUSTINE, SAID OCEAN BOULEVARD BEING VACATED BY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, RECORDED IN OFFICIAL RECORDS BOOK 833, PAGE 1521, PUBLIC RECORDS OF SAID COUNTY.

LESS AND EXCEPT:

A PORTION OF SECTION 42, JOS S. SANCHEZ GRANT, TOWNSHIP 6 SOUTH, RANGE 30 EAST, TOGETHER WITH A PORTION OF SECTION 60, JOS S. SANCHEZ GRANT, TOWNSHIP 7 SOUTH, RANGE 3 0 EAST, ALL IN ST. JOHNS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT THE INTERSECTION OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 (A VARIABLE WIDTH RIGHT-OF-WAY AS NOW ESTABLISHED), WITH THE NORTHERLY RIGHT-OF-WAY LINE OF POINCIANA AVENUE (A VARIABLE WIDTH RIGHT-OF-WAY AS NOW ESTABLISHED); THENCE NORTH 67°27'54" EAST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND AN EASTERLY PROLONGATION THEREOF, 816.77 FEET TO THE POINT OF BEGINNING; THENCE NORTH 22°32'06" WEST, 119.94 FEET TO THE MOST SOUTHERLY CORNER OF AN EASEMENT AS DESCRIBED AND RECORDED IN OFFICIAL RECORDS 7 64, PAGE 1781, PUBLIC RECORDS  OF  SAID  COUNTY;  THENCE  NORTHERLY,  NORTHWESTERLY,  AND NORTHEASTERLY, ALONG THE WESTERLY, SOUTHWESTERLY, AND NORTHWESTERLY LINES OF SAID EASEMENT, RUN THE FOLLOWING FIVE (5) COURSES AND DISTANCES; COURSE NO. 1:  NORTH 09°17'06" WEST, 343.72 FEET TO THE POINT OF CURVATURE OF A CURVE LEADING NORTHWESTERLY; COURSE NO. 2 : NORTHWESTERLY ALONG AND AROUND THE ARC OF SAID CURVE,  CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 109.19 FEET, AN ARC DISTANCE OF 102.58 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 36°11'50" WEST, 98.85 FEET TO A POINT OF NON-TANGENCY; COURSE NO. 3: NORTH 41°14'39" EAST, 91.3 6 FEET TO THE POINT OF CURVATURE OF A CURVE LEADING NORTHEASTERLY; COURSE NO. 4:  NORTHEASTERLY ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 123.51 FEET, AN ARC DISTANCE OF 54.4 8 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 28°36'28" EAST, 54.04 FEET TO THE POINT OF TANGENCY OF LAST SAID CURVE; COURSE NO. 5 : NORTH 15°58'19" EAST, 4 9.26 FEET TO THE SOUTHERLY BOUNDARY LINE OF THOSE LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS 1836, PAGE 22, PUBLIC RECORDS OF SAID COUNTY AND THE ARC OF A CURVE LEADING EASTERLY; THENCE EASTERLY, ALONG LAST SAID LINE AND ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 13 7.94 FEET, AN ARC DISTANCE OF 59.24 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 83°54'51" EAST, 5 8.79 FEET TO A POINT OF NON-TANGENCY; THENCE SOUTH 83°46'46" WEST, 3 8.78 FEET TO THE EASTERLY LINE OF THE AFOREMENTIONED EASEMENT DESCRIBED AND RECORDED IN OFFICIAL RECORDS 764, PAGE 1781,  PUBLIC RECORDS OF SAID COUNTY; THENCE SOUTHERLY, SOUTHWESTERLY, AND SOUTHEASTERLY,  ALONG THE EASTERLY, SOUTHEASTERLY AND NORTHEASTERLY LINES OF SAID EASEMENT,  RUN THE FOLLOWING FIVE (5) COURSES AND DISTANCES; COURSE NO. 1: SOUTH 15°58'25" WEST, 44.70 FEET TO THE POINT OF CURVATURE OF A CURVE LEADING SOUTHWESTERLY; COURSE NO. 2: SOUTHWESTERLY ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 145.51 FEET, AN ARC DISTANCE OF 64.18 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 28°36'30" WEST, 63.66 FEET TO THE POINT OF TANGENCY OF LAST SAID CURVE; COURSE NO. 3: SOUTH 41°14'39" WEST, 66.05 FEET TO THE ARC OF A CURVE LEADING SOUTHEASTERLY; COURSE NO. 4 : SOUTHEASTERLY ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 131.16 FEET, AN ARC DISTANCE OF 95.45 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 30°07'32" EAST, 93.36 FEET TO THE POINT OF TANGENCY OF LAST SAID CURVE; COURSE NO. 5 : SOUTH 09°18'55" EAST, 8.41 FEET; THENCE NORTH 80°42'54" EAST, 29.05 FEET; THENCE SOUTH 09°17'06" EAST, 27.30 FEET TO THE NORTHERLY BOUNDARY LINE OF THOSE LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS 1836, PAGE 52, CURRENT PUBLIC RECORDS OF SAID COUNTY; THENCE EASTERLY,  NORTHERLY,  SOUTHERLY,  AND WESTERLY, ALONG THE NORTHERLY, WESTERLY, EASTERLY, AND SOUTHERLY BOUNDARY LINES OF SAID LANDS, RUN THE FOLLOWING FIFTEEN (15) COURSES AND DISTANCES; COURSE NO. 1: NORTH 80°42'54" EAST, 15.30 FEET; COURSE NO. 2: NORTH 09°17'06" WEST, 52.62 FEET; COURSE NO. 3: NORTH 80°42'54" EAST, 110.40 FEET; COURSE NO. 4: NORTH 09°17'06" WEST, 60.14 FEET; COURSE NO. 5: NORTH 80°42'54" EAST, 61.16 FEET; COURSE NO. 6: SOUTH 09°17'06" EAST, 60.14 FEET; COURSE NO. 7: NORTH 80°42'54" EAST, 126.94 FEET; COURSE NO. 8 : SOUTH 09°17'06" EAST, 120.84 FEET; COURSE NO. 9: SOUTH 80°42'54" WEST, 126.94 FEET; COURSE NO. 10: SOUTH 09°17'06" EAST, 60.79 FEET; COURSE NO. 11: SOUTH 80°42'54" WEST, 61.16 FEET; COURSE NO. 12: NORTH 09°17'06" WEST, 60.79 FEET; COURSE NO. 13: SOUTH 80°42'54" WEST, 110.40 FEET; COURSE NO. 14: NORTH 09°17'06" WEST, 53.22 FEET; COURSE NO. 15: SOUTH 80o42'54" WEST, 15.3 0 FEET; THENCE SOUTH 09°17'06" EAST, 2 93.01 FEET; THENCE NORTH 80°42'52" EAST, 375.00 FEET; THENCE NORTH 09°17'06" WEST, 125.00 FEET; THENCE NORTH 20°05'39" EAST, 105.57 FEET; THENCE NORTH 09°18'30" WEST, 296.82 FEET; THENCE NORTH 70°41'48" EAST, 4.86 FEET TO THE POINT OF CURVATURE OF A CURVE LEADING EASTERLY; THENCE EASTERLY ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 2 00.00 FEET, AN ARC DISTANCE OF 51.31 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 78°02'46" EAST, 51.17 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE LEADING EASTERLY; THENCE EASTERLY ALONG AND AROUND THE ARC OF SAID CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 300.00 FEET, AN ARC DISTANCE OF 7 9.30 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 77°49'23" EAST, 7 9.07 FEET TO THE POINT OF TANGENCY OF LAST SAID CURVE ; THENCE NORTH 70°15'00" EAST, 44.29 FEET TO THE MEAN HIGH WATER LINE OF ROBINSON CREEK; THENCE SOUTHERLY, SOUTHWESTERLY, AND SOUTHEASTERLY, ALONG SAID MEAN HIGH WATER LINE, 63 5 FEET MORE OR LESS, TO AFORESAID EASTERLY PROLONGATION OF THE NORTHERLY RIGHT-OF-WAY LINE OF POINCIANA AVENUE; THENCE SOUTH 67°27'54" WEST, ALONG LAST SAID LINE, 557.93 FEET TO THE POINT OF BEGINNING.

Specific Authority 190.005, F.S. Law Implemented 190.004 and 190.005, F.S. History-New __________.

 

42CCC-1.003 Supervisors.

The following five persons are designated as the initial members of the Board of Supervisors: Cindy Norman, Chris Vanzant, Barbara Moore, Bill Brown, and Gary B. Davenport.

Specific Authority 190.005, F.S. Law Implemented 190.004 and 190.005, F.S. History-New __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE:  Teresa Tinker, Florida Land and Water Adjudicatory Commission, Room 1801, The Capitol, Tallahassee, Florida 32399-0001

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Teresa Tinker, Florida Land and Water Adjudicatory Commission.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 20, 2006

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 27, 2006