The Board of Supervisors of the District request that the Commission authorize the amendment of Rule 42SS-1.002, Fla. Admin. Code, in order to expand the District. Expansion of a community development district is authorized by section 190.046, Fla. ...

 

LAND AND WATER ADJUDICATORY COMMISSION

Tolomato Community Development District

RULE NO.:RULE TITLE:

42SS-1.002Boundary

PURPOSE AND EFFECT: The Board of Supervisors of the District request that the Commission authorize the amendment of Rule 42SS-1.002, Fla. Admin. Code, in order to expand the District. Expansion of a community development district is authorized by Section 190.046, Fla. Stat.

SUMMARY: The District's Petition, as supplemented, requests that the Commission authorize the addition of approximately 11.54 acres of land to the existing boundaries of the Tolomato CDD. The lands proposed to be added consist of five parcels of vacated County Road 210 right-of-way in St. Johns County. The lands are geographically located within the District, but were excluded from the District’s boundaries at the time the District was originally established.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

A SERC, provided by the District, supports the supplemented petition to expand the Tolomato CDD. The complete text of the SERC is contained as Exhibit 8 to the Petition.

The Commission has determined that the proposed rule amendment is not expected to require legislative ratification based on the information expressly relied upon and described herein: 1) no requirement for a SERC was triggered under Section 120.54(3)(b) and Section 120.54(1), Fla. Stat.; and 2) there are no adverse impacts or regulatory costs of the rule which will exceed any of the criteria established in Section 120.541(2)(a), Fla. Stat.

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.

RULEMAKING AUTHORITY: 190.005 FS.

LAW IMPLEMENTED: 190.004, 190.046, 190.005 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Leighty, Office of the Governor, Room 1801, The Capitol, Tallahassee, FL 32399-0001, Telephone [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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 4715.0 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 3495.66 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 9798.05 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 11445.71 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.

Containing 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 11557.34 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 2500.00 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 3798.13 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 Book 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 1470.07 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 1680.82 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 1021.40 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 1769.51 feet to an intersection with the East line of aforementioned Section 2; 6) continue North 55°21'50" East, a distance of 6269.03 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 1/2 of Section 12, a distance of 6,046.27 feet to the Northwest corner of the said East 1/2 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 No. 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 of 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 14,134.03 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.

ALSO

COUNTY ROAD NO. 210 ABANDONMENT PARCEL/SONOC

A portion of Section 31, Township 4 South, Range 29 East, St. Johns County, Florida, also being a portion of those lands as described and recorded in Official Records Book 1462, page 667 of the Public Records of said county and being more particularly described as follows:

For a Point of Reference, commence at the Southwest corner of said Section 31, thence South 01°10’10” East, along the Westerly line of Section 6, Township 5 South, Range 29 East, said St. Johns County, a distance of 38.64 feet to a point lying on the former Southeasterly right of way line of County Road No. 210 (Palm Valley Road), a 100 foot right of as vacated by Resolution No. 2008-13 as recorded in Official Records Book 3101, page 739 of said Public Records; thence North 55°22’18” East, departing said Westerly line and along said former Southeasterly right of way line, 30.12 feet; thence North 55°19’25” East, continuing along said former Southeasterly right of way line, 758.17 feet to a point lying on the Northerly right of way line of Preservation Trail, a variable width right of way as presently established, said point also being the Point of Beginning.

From said Point of Beginning, thence North 58°25’07” West, departing said former Southeasterly right of way line of County Road. No 210 and along said Northerly right of way line of Preservation Trail, 24.96 feet to the point of curvature of a curve concave Southwesterly, having a radius of 956.00 feet; thence Northwesterly, continuing along said Northerly right of way line and along the arc of said curve, through a central angle of 05°09’39”, an arc length of 86.11 feet to a point on said curve, said point lying on the former Northwesterly right of way line of said County Road No. 210, said arc being subtended by a chord bearing and distance of North 60°59’56” West, 86.08 feet; thence North 55°19’25” East, departing said Northerly right of way line and along said former Northwesterly right of way line, 1834.32 feet to a point lying on the Westerly line of Concept Parcel 5, as described and recorded in Official Records Book 3422, page 1351 said Public Records; thence South 17°09’29” West, departing said former Northwesterly right of way line and along said Westerly line, 161.83 feet to a point lying on said former Southeasterly right of way line of County Road No. 210; thence South 55°19’25” West, departing said Westerly line and along said former Southeasterly right of way line, 1658.87 feet to the Point of Beginning.

Containing 4.01 acres, more or less.

ALSO

COUNTY ROAD NO. 210 ABANDONMENT PARCEL/TC DEVELOPMENT

A portion of Section 31, Township 4 South, Range 29 East, St. Johns County, Florida, also being a portion of those lands as described and recorded in Official Records Book 3422, page 1351 of the Public Records of said county and being more particularly described as follows:

For a Point of Reference, commence at the Southwest corner of said Section 31, thence South 01°10’10” East, along the Westerly line of Section 6, Township 5 South, Range 29 East, said St. Johns County, a distance of 38.64 feet to a point lying on the former Southeasterly right of way line of County Road No. 210 (Palm Valley Road), a 100 foot right of as vacated by Resolution No. 2008-13 as recorded in Official Records Book 3101, page 739 of said Public Records; thence North 55°22’18” East, departing said Westerly line and along said former Southeasterly right of way line, 30.12 feet; thence North 55°19’25” East, continuing along said former Southeasterly right of way line, 2417.04 feet to a point lying on the Westerly line of Concept Parcel 5, as described and recorded in said Official Records Book 3422, page 1351, and the Point of Beginning.

From said Point of Beginning, thence North 17°09’29” East, departing said former Southeasterly right of way line of County Road. No 210 and along said Westerly line of Concept Parcel 5, a distance of 161.83 feet to a point lying on the former Northwesterly right of way line of said County Road No. 210; thence North 55°19’25” East, departing said Westerly line and along said former Northwesterly right of way line, 1942.18 feet to a point lying on the Westerly right of way line of Town Plaza Avenue, a public variable width right of way as recorded in Official Records Book 3580, page 1905 said Public Records, said point being a point on a curve; thence along said Westerly right of way line the following 3 courses: Course 1, thence Southerly, departing said Northwesterly right of way line and along the arc of said curve concave Westerly having a radius of 448.00 feet, through a central angle of 12°12’00”, an arc length of 95.39’ feet to a point on said curve, said arc being subtended by a chord bearing and distance of South 14°54’32” East, 95.21 feet; Course 2, thence North 79°22’39” East, 24.19 feet to a point on a curve concave Westerly having a radius of 1055.00 feet; Course 3, thence Southerly along the arc of said curve through a central angle of 00°01’49”, an arc length of 0.56 feet to a point on said curve, said point lying on said former Southeasterly right of way line of County Road No. 210, said arc being subtended by a chord bearing and distance of South 18°32’33” East, 0.56 feet; thence South 55°19’25” West, departing said Westerly right of way line, and along said former Southeasterly right of way line, 2059.15 feet to the Point of Beginning.

Containing 4.57 acres, more or less.

ALSO

COUNTY ROAD NO. 210 ABANDONMENT PARCEL/TOWN PLAZA AVENUE

A portion of Section 31, Township 4 South, Range 29 East, St. Johns County, Florida, also being a portion of those lands as described and recorded in Official Records Book 3580, page 1905 of the Public Records of said county and being more particularly described as follows:

For a Point of Reference, commence at the Southwest corner of said Section 31, thence South 01°10’10” East, along the Westerly line of Section 6, Township 5 South, Range 29 East, said St. Johns County, a distance of 38.64 feet to a point lying on the former Southeasterly right of way line of County Road No. 210 (Palm Valley Road), a 100 foot right of as vacated by Resolution No. 2008-13 as recorded in Official Records Book 3101, page 739 of said Public Records; thence North 55°22’18” East, departing said Westerly line and along said former Southeasterly right of way line, 30.12 feet; thence North 55°19’25” East, continuing along said former Southeasterly right of way line, 4476.19 feet to a point lying on the Westerly right of way line of Town Plaza Avenue, a public variable width right of way as recorded in Official Records Book 3580, page 1905 of said Public Records, said point being a point on a curve and the Point of Beginning.

From said Point of Beginning, thence Northwesterly along said Westerly right of way line the following 3 courses: Course 1, thence along the arc of a curve concave Southwesterly having radius of 1055.00 feet, through a central angle of 00°01’49”, an arc length of 0.56 feet to a point on said curve, said arc being subtended by a chord bearing and distance of North 18°32’33” West, 0.56 feet; Course 2, thence South 79°22’39” West, 24.19 feet to a point on a curve on concave Westerly having a radius of 448.00 feet; Course 3, thence Northerly along the arc of said curve through a central angle of 12°12’00”, an arc length of 95.39 feet to a point on said curve, said point lying on the former Northwesterly right of way line of said Country Road No. 210, said arc being subtended by a chord bearing and distance of North 14°54’32” West, 95.21 feet; thence North 55°19’25” East, departing said Westerly right of way line and along said former Northwesterly right of way line, 91.71 feet to a point lying on the Easterly right of way line of said Town Plaza Avenue, said point being a point on a curve concave Southwesterly having a radius of 572.00 feet; thence Southeasterly, departing said Northwesterly right of way line and along said Easterly right of way line, and along the arc of said curve through a central angle of 08°20’41”, an arc length of 83.31 feet to a point of compound curvature, said arc being subtended by a chord bearing and distance of South 24°48’15” East, 83.23 feet; thence continuing Southeasterly, along said Easterly right of way line and along the arc of a curve concave Southwesterly having a radius of 1135.00 feet, through angle of 00°56’19”, an arc length of 18.59 feet to a point lying on said former Southeasterly right of way line of said County Road No. 210, said arc being subtended by a chord bearing and distance of South 20°09’45” East, 18.59 feet; thence South 55°19’25” West, departing said Easterly right of way line and along said former Southeasterly right of way line, 83.04 feet to the Point of Beginning.

Containing 0.23 acres, more or less.

ALSO

COUNTY ROAD NO. 210 ABANDONMENT PARCEL/REGENCY SHOPPING CENTER

A portion of Section 31, Township 4 South, Range 29 East, St. Johns County, Florida, also being a portion of those lands as described and recorded in Official Records Book 3022, page 1920 of the Public Records of said county and being more particularly described as follows:

For a Point of Reference, commence at the Southwest corner of said Section 31, thence South 01°10’10” East, along the Westerly line of Section 6, Township 5 South, Range 29 East, said St. Johns County, a distance of 38.64 feet to a point lying on the former Southeasterly right of way line of County Road No. 210 (Palm Valley Road), a 100 foot right of as vacated by Resolution No. 2008-13 as recorded in Official Records Book 3101, page 739 of said Public Records; thence North 55°22’18” East, departing said Westerly line and along said former Southeasterly right of way line, 30.12 feet; thence North 55°19’25” East, continuing along said former Southeasterly right of way line, 4559.23 feet to a point lying on the Easterly right of way line of Town Plaza Avenue, a public variable width right of way as recorded in Official Records Book 3580, page 1905 of said Public Records, said point being a point on a curve and the Point of Beginning.

From said Point of Beginning, thence Northwesterly along said Easterly right of way line and along the arc of a curve concave Southwesterly having radius of 1135.00 feet, through a central angle of 00°56’19”, an arc length of 18.59 feet to a point of compound curvature, said arc being subtended by a chord bearing and distance of North 20°09’45” West, 18.59 feet; thence Northwesterly, continuing along said Easterly right of way line and along the arc of a curve concave Southwesterly having a radius of 572.00 feet, through a central angle of 08°20’41”, an arc length of 83.31 feet to a point on said curve, said point lying on the former Northwesterly right of way line of said Country Road No. 210, said arc being subtended by a chord bearing and distance of North 24°48’15” West, 83.23 feet; thence North 55°19’25” East, departing said Easterly right of way line and along said former Northwesterly right of way line, 510.60 feet to a point lying on the Southerly right of way line of Nocatee Parkway, a variable width right of way as presently established; thence South 87°28’14” East, departing said former Northwesterly right of way line and along said Southerly right of way line, 165.38 feet to a point lying on said former Southeasterly right of way line of County Road No. 210; thence South 55°19’25” West, departing said Southerly right of way line and along said former Southeasterly right of way line, 661.25 feet to the Point of Beginning.

Containing 1.34 acres, more or less.

ALSO

COUNTY ROAD NO. 210 ABANDONMENT PARCEL 3

A portion of Sections 31 and 32, Township 4 South, Range 29 East, St. Johns County, Florida, being more particularly described as follows:

For a Point of Reference, commence at the Southwest corner of said Section 31, thence South 01°10’10” East, along the Westerly line of Section 6, Township 5 South, Range 29 East, said St. Johns County, a distance of 38.64 feet to a point lying on the Southeasterly right of way line of County Road No. 210 (Palm Valley Road), a 100 foot right of was as presently established; thence North 55°22’18” East, departing said Westerly line and along said Southeasterly right of way line, 30.12 feet; thence North 55°19’25” East, continuing along said Southeasterly right of way line, 6510.54 feet to a point lying on the Northerly right of way line of Nocatee Parkway, a variable width right of way as presently established, said point also being the Point of Beginning.

From said Point of Beginning, thence Westerly, departing said Southeasterly right of way line of County Road No. 210, along said Northerly right of way line of Nocatee Parkway, and along the arc of a curve concave Northerly, having a radius of 4890.01 feet, through a central angle of 00°08’41”, an arc length of 12.34 feet to a point on said curve, said arc being subtended by a chord bearing and distance of South 83°43’27” West, 12.34 feet; thence South 81°28’32” West, continuing along said Northerly right of way line and along a non-tangent bearing, 213.56 feet to a point lying on the Northwesterly right of way line of said County Road No. 210; thence North 55°19’25” East, departing said Northerly right of way line and along said Northwesterly right of way line, 631.33 feet to a point on a curve concave Northerly, having a radius of 345.25 feet, said point lying on the Southerly right of way line of Palm Valley Road, an 80 foot right of way as presently established; thence Easterly, departing said Northwesterly right of way line, along said Southerly right of way line, and along the arc of said curve, through a central angle of 43°47’58”, an arc length of 263.92 feet to a point on said curve, said point lying on said Southeasterly right of way line of County Road No. 210, said arc being subtended by a chord bearing and distance of North 78°10’16” East, 257.55 feet; thence South 55°19’25” West, departing said Southerly right of way line and along said Southeasterly right of way line, 666.11 feet to the Point of Beginning.

Containing 1.39 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 1630 acres, more or less.

Containing 13,388.45 13376.91 TOTAL acres, more or less.

 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Land and Water Adjudicatory Commission

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD:  April 23, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 25, 2013