A petition has been filed with the Commission requesting the merger of the Main Street Community Development District (“Main Street CDD”) and the Rivers Edge Community Development District (“Rivers Edge CDD”) (together, “Districts”). On June 16, ...

LAND AND WATER ADJUDICATORY COMMISSION
Rivers Edge Community Development District

RULE NO.: RULE TITLE:
42FFF-1.002: Boundary

PURPOSE AND EFFECT: A petition has been filed with the Commission requesting the merger of the Main Street Community Development District (“Main Street CDD”) and the Rivers Edge Community Development District (“Rivers Edge CDD”) (together, “Districts”). On June 16, 2010, the Main Street CDD and the Rivers Edge CDD each adopted resolutions authorizing the process necessary to accomplish the merger and approving a Merger Agreement. The Merger Agreement, among other things, provides for: the filing of a petition; the intent that Rivers Edge CDD remain as the surviving district; the proper allocation of the indebtedness; and the manner in which debt is to be retired. The merger agreements are contained as Exhibits 1A and 1B to the petition. Main Street CDD currently covers approximately 89.9 acres of land located entirely within St. Johns County, Florida. Rivers Edge CDD currently covers approximately 4,086.6 acres of land located entirely within St. Johns County, Florida. Main Street CDD and Rivers Edge CDD are generally located in the RiverTown Development of Regional Impact. A general location map is provided in Exhibit 3 to the petition. The current metes and bounds descriptions of the external boundaries of the CDDs are set forth in Exhibit 4 to the petition. After merger, the surviving district will encompass a total of approximately 4,176.5 acres. The approval of the Merger Agreement and authorization to file the petition by the Districts’ Board of Supervisors constitutes consent of all landowners within the Districts.

SUMMARY: Merger of the Main Street Community Development District and the Rivers Edge Community Development District.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: 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. An SERC has not been prepared by the agency.

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, 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 (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Wednesday, July 6, 2011, 2:00 p.m.

PLACE: Room 2107, The Capitol, Tallahassee, Florida 32399-0001

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, Room 1801, The Capitol, Tallahassee, Florida 32399-001, telephone [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

42FFF-1.002 Boundary of Surviving District.

The boundaries of the Surviving District are as follows:

A parcel of land, being a portion of the Francis P. Fatio Grant, Section 39, Township 5 South, Range 27 East; together with a portion of the Francis P. Fatio Grant, Section 44, Township 5 South, Range 26 East; all in St. Johns County, Florida, said parcel of land being more particularly described as follows:

For a POINT OF BEGINNING, BEGIN at the most Northeasterly corner of the plat BARTRAM PLANTATION PHASE TWO, as shown on the plat thereof, as recorded in Map Book 46, pages 78 through 89 of the Public Records of said St. Johns County, Florida, said point also being on the Southerly Right of Way line of GREENBRIAR ROAD, (a Variable Width Public Road Right of Way, as per Right of Way Map prepared by St. Johns County Surveying and Mapping Program, dated April 19, 1999, formerly known as STATE ROAD No. 11 and/or BOMBING RANGE ROAD), and run thence, along the aforesaid Southerly Right of Way line of GREENBRIAR ROAD, the following three (3) Courses and Distances:

Course No. 1: South 77°13'29'' East, a distance of 732.72 feet, to a point;

Course No. 2: South 12°21'44'' West, a distance of 17.00 feet, to a point;

Course No. 3: South 77°13'29'' East, a distance of 218.82 feet, to a point, on the Westerly boundary line of GREENBRIAR SECTION ONE, as shown on the plat thereof, recorded in Map Book 14, pages 58 and 58 of the Public Records of St. Johns County, Florida; run thence, along the Westerly boundary line of said GREENBRIAR SECTION ONE, the following two (2) Courses and Distances:

Course No. 1: South 35°18'11'' West, a distance of 1,258.39 feet, to a point;

Course No. 2: South 00°00'46'' West, along aforesaid Westerly boundary, and then along a Southerly prolongation thereof, a distance of 5,903.67 feet, to the monumented Southwest corner of those lands described and recorded in that instrument recorded in Official Records Book 702, page 995 of the Public Records of said St. Johns County, Florida; run thence, South 77°09'41'' East, along the Southerly line of said lands described and recorded in Official Records Book 702, page 995, and then along the Southerly line of lands described and recorded in Official Records Book 702, page 992, all in the Public Records of said St. Johns County, Florida, a distance of 4,900.13 feet, to a point; run thence North 75°52'24'' East, continuing along the aforesaid Southerly line of lands described and recorded in Official Records Book 702, page 992, and then along the Southerly line of lands described and recorded in Official Records Book 702, page 989 of the Public Records of said St. Johns County, Florida, a distance of 3,755.96 feet, to the Southeast corner of said lands described and recorded in Official Records Book 702, page 989 of the Public Records of said St. Johns County, Florida; run thence North 12°53'03'' East, along the Easterly line of said lands described and recorded in Official Records Book 702, page 989 of the Public Records of said St. Johns County, Florida, a distance of 2,028.02 feet, to the Southerly line of lands described and recorded in Official Records Book 807, page 564 of the Public Records of said St. Johns County, Florida; run thence South 87°27'26'' East, along the Southerly line of aforesaid lands, a distance of 3,744.64 feet, to a point on the Westerly line of those lands described and recorded in Official Records Book 1400, page 1204 of the Public Records of said St. Johns County, Florida, and being the boundary line of BARTRAM TRAIL HIGH SCHOOL; run thence, along and around the boundaries of BARTRAM TRAIL HIGH SCHOOL, the following fifteen (15) Courses and Distances:

Course No. 1: South 46°48'23'' West, a distance of 414.48 feet, to a point;

Course No. 2: South 22°50'52'' West, a distance of 170.75 feet, to a point;

Course No. 3: South 29°41'23'' East, a distance of 105.05 feet, to a point;

Course No. 4: South 43°43'33'' East, a distance of 242.38 feet, to a point;

Course No. 5: South 06°15'54'' East, a distance of 461.02 feet, to a point;

Course No. 6: South 24°04'44'' West, a distance of 767.51 feet, to a point;

Course No. 7: South 50°01'20'' East, a distance of 672.15 feet, to a point;

Course No. 8: North 83°31'47'' East, a distance of 438.97 feet, to a point;

Course No. 9: South 37°49'12'' East, a distance of 138.56 feet, to a point;

Course No. 10: South 66°18'34'' East, a distance of 290.82 feet, to a point;

Course No. 11: South 82°37'22'' East, a distance of 375.87 feet, to a point;

Course No. 12: North 48°52'37'' East, a distance of 831.78 feet, to a point;

Course No. 13: North 49°06'30'' East, a distance of 480.59 feet, to a point;

Course No. 14: North 27°50'21'' East, a distance of 414.04 feet, to a point;

Course No. 15: North 29°55'50'' West, a distance of 1,405.58 feet, to a point, lying on the Southerly line of the aforesaid lands, described and recorded in Official Records Book 807, page 564 of the Public Records of said St. Johns County; run thence, on the aforesaid Southerly line of said lands, the following two (2) Courses and Distances:

Course No. 1: South 87°27'26'' East, a distance of 560.74 feet, to a point;

Course No. 2: South 87°17'21'' East, a distance of 5,264.98 feet, to a point, on the Easterly monumented line of Section 39, the Francis P. Fatio Grant; run thence, along last said line, the following four (4) Courses and Distances:

Course No. 1: South 41°26'00'' West (also being the Westerly line of Section 28) a distance of 6,287.87 feet, to a point, (a portion of this call is along the Westerly boundary line of WHITELOCK FARMS, as shown on the plat thereof, recorded in Map Book 37, pages 80 through 112 of the Public Records of said St. Johns County, Florida), said point being the intersection of Sections 28, 29 and 39;

Course No. 2: South 41°25'04'' West (also being the Westerly boundary line of Tract “J”, of aforesaid WHITELOCK FARMS, and the Westerly line of said Section 29) a distance of 2,321.16 feet, to a point;

Course No. 3: South 41°34'03'' West (a portion of this call is along the Westerly boundary line of aforesaid WHITELOCK FARMS) a distance of 5,424.32 feet, to a point, at the intersection of Sections 39, 32 and 40;

Course No. 4: South 42°44'52'' West (also being the Westerly line of said Section 40) a distance of 2,199.20 feet, to a point, on the Northeasterly Right of Way line of STATE ROAD No. 13 (a 100 foot Public Road Right of Way, as per State of Florida, State Road Department Right of Way Map, Project 785); run thence, along the aforesaid Northeasterly Right of Way line of STATE ROAD No. 13, the following two (2) Courses and Distances:

Course No. 1: run thence Northwesterly, along and around the arc of a curve, being concave Southwesterly, and having a radius of 22,968.28 feet, through a central angle of 00°20'02'' to the left, an arc distance of 133.89 feet, to the point of tangency of last said curve, said arc being subtended by a chord bearing and distance of North 63°17'25'' West, 133.89 feet;

Course No. 2: North 63°27'26'' West, along last said tangency, a distance of 6144.14 feet; run thence North 26°42'01'' East, departing said Northeasterly Right of Way line, a distance of 249.39 feet, to a point; run thence South 63°14'24'' East, a distance of 120.00 feet, to a point; run thence North 26°42'01'' East, a distance of 223.42 feet, to a point; run thence North 11°17'57'' East, a distance of 176.08 feet, to a point; run thence Southeasterly, around and along the arc of a curve, being concave Northeasterly, and having a radius of 219.00 feet, through a central angle of 09°27'56'' to the left, an arc distance of 36.18 feet to the point of tangency of last said curve, said arc being subtended by a chord bearing and distance of South 73°58'04'' East, 36.14 feet; run thence South 78°42'03'' East, along last said tangency, 264.08 feet the point of curvature of a curve leading Southeasterly; thence Easterly, around and along the arc of said curve, being concave Southwesterly, and having a radius of 531.00 feet, through a central angle of 15°24'03'' to the right, an arc distance of 142.73 feet to the point of tangency of last said curve, said arc being subtended by a chord bearing and distance of South 71°00'01'' East, 142.30 feet; run thence South 63°17'59'' East, along last said tangency, a distance of 404.36 feet; run thence North 26°42'01'' East, a distance of 827.49 feet, to the point of curvature of a curve leading Northerly; thence Northerly and Northwesterly, around and along the arc of said curve, being concave Westerly, and having a radius of 25.00 feet, through a central angle of 80°40'40'' to the left, an arc distance of 35.20 feet, said arc being subtended by a chord bearing and distance of North 13°38'19'' West, 32.37 feet to the point of reverse curvature of last said curve with a curve leading Northwesterly; thence Northwesterly, around and along the arc of last said curve, being concave Northeasterly, and having a radius of 354.00 feet, through a central angle of 26°14'57'' to the right, an arc distance of 162.18 feet to the point of tangency of last said curve, said arc being subtended by a chord bearing and distance of North 40°51'10'' West, 160.77 feet; run thence North 27°43'42'' West, along last said tangency, a distance of 45.05 feet, to a point; run thence South 62°16'18'' West, a distance of 313.00 feet, to the point of curvature of a curve leading Westerly; thence Westerly, around and along the arc of said curve, being concave Northerly, and having a radius of 479.00 feet, through a central angle of 59°19'51'' to the right, an arc distance of 496.01 feet, arc being subtended by a chord bearing and distance of North 88°03'46'' West, 474.15 feet to the point of reverse curvature of last said curve with a curve leading Westerly; thence Westerly, around and along the arc of last said curve, being concave Southerly, and having a radius of 250.00 feet, through a central angle of 89°56'25'' to the left, an arc distance of 392.44 feet to the end last said curve, said arc being subtended by a chord bearing and distance of South 76°37'57'' West, 353.37 feet; run thence North 69°17'58'' West, a distance of 265.03 feet; thence Southwesterly, around and along the arc of a curve, being concave Northwesterly, and having a radius of 500.00 feet, through a central angle of 09°47'49'' to the right, an arc distance of 85.49 feet to the point of tangency of last said curve, said arc being subtended by a chord bearing and distance of South 25°34'49'' West, 85.39 feet; run thence South 30°28'44'' West, along last said tangency, a distance of 350.39 feet; run thence North 56°25'03" West, a distance of 314.88 feet; run thence South 45°28'44" West, a distance of 151.52 feet; run thence South 57°14'17" West, a distance of 100.62 feet; run thence South 53°38'43" West, a distance of 112.98 feet to a point situate on the Northeasterly Right of Way line of said STATE ROAD 13; run thence, along the Northeasterly Right of Way line of said STATE ROAD No. 13, the following seven (7) Courses and Distances:

Course No. 1: thence Northerly, around and along the arc of a curve, being concave Easterly, and having a radius of 1403.66 feet, through a central angle of 44°43'34'' to the right, an arc distance of 1095.72 feet to the point of tangency of last said curve, said arc being subtended by a chord bearing and distance of North 06°47'20'' West, 1068.12 feet;

Course No. 2: North 15°34'27'' East, along last said tangency, a distance of 457.25 feet, to the point of curvature, of a curve leading northwesterly;

Course No. 3: thence Northwesterly, along and around the arc of a curve, being concave Southwesterly, and having a radius of 1,491.25 feet, through a central angle of 62°09'52'' to the left, an arc distance of 1,617.97 feet, to the point of tangency of last said curve, said arc being subtended by a chord bearing and distance of North 15°30'29'' West, 1,539.77 feet;

Course No. 4: North 46°35'25'' West, along last said tangency, a distance of 1,725.01 feet, to the point of curvature, of a curve leading Westerly;

Course No. 5: thence Westerly, along and around the arc of a curve, being concave Southerly, and having a radius of 2,914.90 feet, through a central angle of 42°24'00'' to the left, an arc distance of 2,157.08 feet, to the point of tangency of last said curve, last said arc being subtended by a chord bearing and distance of North 67°47'25'' West 2,108.20 feet;

Course No. 6: North 88°59'25'' West, along last said tangency, a distance of 2,754.72 feet, to the Point of Curvature, of a curve leading northwesterly;

Course No. 7: thence Northwesterly, along and around the arc of a curve, being concave Northeasterly, and having a radius of 1,382.69 feet, through a central angle of 08°42'40'' to the right, an arc distance of 210.22 feet, to the Easterly line of lands described and recorded in Official Records Book 763, page 395 of the Public Records of said St. Johns County, Florida, last said arc being subtended by a chord bearing and distance of North 84°38'05'' West, 210.02 feet; run thence North 39°27'48'' East, along the aforesaid Easterly line of lands described and recorded in Official Records Book 763, page 395, and then along the Easterly line of lands described and recorded in Official Records Book 1106, page 977 of the Public Records of said St. Johns County, Florida, a distance of 648.38 feet, to the Northeast corner of said lands, described and recorded in Official Records Book 1106, page 977 of said Public Records; run thence North 51°41'45'' West, along the Northerly line of last said lands, and then along the Northerly line of those lands described and recorded in Official Records Book 1156, page 464, and then Official Records Book 1370, page 122 of the Public Records of said St. Johns County, Florida, a distance of 1,332.26 feet, to the Northeast corner of those lands described and recorded in Official Records Book 1370, page 122 of the Public Records of St. Johns County, Florida; run thence South 89°24'8'' West, along the Northerly line of last said lands, a distance of 515.25 feet, to the Easterly Right of Way line of aforesaid STATE ROAD No. 13; run thence, along the aforesaid Easterly Right of Way line of STATE ROAD No. 13, the following four (4) Courses and Distances:

Course No. 1: run thence Northerly, along and around the arc of a curve, being concave Easterly, and having a radius of 1,382.69 feet, through a central angle of 13°55'33'' to the right, an arc distance of 336.07 feet, to the point of tangency of last said curve, said arc being subtended by a chord bearing and distance of North 05°13'52'' East, 335.24 feet;

Course No. 2: North 12°11'31'' East, along last said tangency, a distance of 1,169.27 feet, to the point of curvature, of a curve leading northerly;

Course No. 3: thence Northerly, along and around the arc of a curve, being concave Westerly, and having a radius of 2,914.89 feet, through a central angle of 20°40'00'' to the left, an arc distance of 1,051.40 feet, to the point of tangency of said curve, said arc being subtended by a chord bearing and distance of North 01°51'31'' East, 1,045.71 feet;

Course No. 4: North 08°28'29'' West, along last said tangency, a distance of 2,119.40 feet, to the Southerly line of those lands described and recorded in Official Records Book 878, page 1283 of the Public Records of said St. Johns County, Florida; run thence, along last said line, the following two (2) Courses and Distances:

Course No. 1: South 88°11'16'' East, a distance of 288.50 feet, to a point;

Course No. 1: North 05°30'37'' East, a distance of 227.90 feet, to a point; Course No. 2: North 54°15'52'' East, a distance of 4,016.06 feet, to a point on the Northerly line of the HALLOWES TRACT (also being the Southerly line of the ST. ELMO TRACT, and the Southerly line of aforesaid BARTRAM PLANTATION PHASE TWO); run thence, South 89°20'59'' East, along last said line, a distance of 883.58 feet, to a point; thence, departing from said Northerly line of the HALLOWES TRACT (also being the Southerly line of ST. ELMO TRACT) run the following thirteen Courses and Distances, along the Easterly boundary of the aforesaid plat of BARTRAM PLANTATION PHASE TWO:

Course No. 2: North 29°44'02'' East, a distance of 230.63 feet, to a point;

Course No. 3: North 21°25'38'' East, a distance of 43.96 feet, to a point;

Course No. 4: North 84°42'38'' West, a distance of 65.01 feet, to a point;

Course No. 5: North 32°32'11'' West, a distance of 98.40 feet, to a point;

Course No. 6: North 20°05'21'' East, a distance of 79.61 feet, to a point;

Course No. 7: North 64°40'30'' East, a distance of 36.01 feet, to a point;

Course No. 8: North 11°04'19'' West, a distance of 167.86 feet, to a point;

Course No. 9: North 66°29'43'' West, a distance of 51.93 feet, to a point;

Course No. 10: North 47°26'30'' East, a distance of 103.39 feet, to a point;

Course No. 11: North 39°33'12'' West, a distance of 99.33 feet, to a point;

Course No. 12: North 23°21'33'' West, a distance of 92.86 feet, to a point;

Course No. 13: North 17°55'40'' East, a distance of 203.96 feet, to a point, on the aforesaid Southerly Right of Way line of GREENBRIAR ROAD, and the POINT OF BEGINNING.

The lands thus described, contain 160,416,447 square feet, or 3,682.65 acres, more or less, in area.

TOGETHER WITH the following described parcel:

A parcel of land, being a portion of the Francis P. Fatio Grant, Section 39, Township 5 South, Range 27 East; together with a portion of the Francis P. Fatio Grant, Section 44, Township 5 South, Range 26 East; together with a portion of the Francis P. Fatio Grant, Section 43, Township 6 South, Range 27 East, all in St. Johns County, Florida, said parcel of land being more particularly described as follows:

For a Point of Reference, commence at the intersection of Section 32, Section 40, the F.J. Fatio Grant, and Section 39, the Francis P. Fatio Grant, all in Township 5 South, Range 27 East, St. Johns County, Florida, and run thence South 42°44'52'' West, along the monumented Easterly line of said Section 39, the Francis P. Fatio Grant, and then along a Southwesterly prolongation thereof, a distance of 2,199.20 feet, to the Northeasterly Right of Way line of STATE ROAD No. 13, ( a 100 foot Public Road Right of Way, as per State of Florida, State Road Department Right of Way Map, Project 785); continue thence South 42°44’52'' West, along aforesaid prolongation, a distance of 104.15 feet, to the Southwesterly Right of Way line of said STATE ROAD No. 13, and the POINT OF BEGINNING.

From the POINT OF BEGINNING, thus described, run thence, along the Southwesterly Right of Way line of said STATE ROAD No. 13, the following two (2) Courses and Distances:

Course No. 1: run thence Northwesterly, along and around the arc of a curve, being concave Southwesterly, and having a radius of 22,868.28 feet, through a central angle of 00°15'41'' to the left, an arc distance of 104.28 feet, to the point of tangency of last said curve, said arc being subtended by a chord bearing and distance of North 63°19'36'' West, 104.28 feet;

Course No. 2: North 63°27'26'' West, along last said tangency, a distance of 4312.27 feet; run thence South 26°32'34'' West, departing said Southwesterly right of way line, a distance of 254.81 feet; run thence North 87°40'31'' West, a distance of 740 feet, more or less to a point on the Northeasterly “Mean High Water Line,” of the St. Johns River, (Elevation 1.07 feet, NGVD 1929, as per Bureau of Surveying and Mapping, Division of State Lands, Department of Environmental Protection Tide Interpolation Point, MHW Data ID 4486 and 4485, and then Elevation 1.06, NGVD 1929, as per MHW Data ID 4484); run thence Southeasterly, along the aforesaid “Mean High Water Line” of the St. Johns River, a distance of 5,300 feet, more or less, to a point which lies South 42°44'52'' West, 1,053 feet, more or less, from the POINT OF BEGINNING; run thence North 42°44'52'' East, a distance of 1,053 feet, more or less, to the aforesaid Southwesterly Right of Way line of STATE ROAD No. 13, and the POINT OF BEGINNING.

The lands thus described, contains 108.93 acres, more or less, in area.

TOGETHER WITH the following described parcel:

A parcel of land, being a portion of the Francis P. Fatio Grant, Section 44, Township 5 South, Range 26 East, St. Johns County, Florida, said parcel of land being more particularly described as follows:

For a Point of Reference, commence at the intersection of Section 32, Section 40, the F.J. Fatio Grant, and Section 39, the Francis P. Fatio Grant, all in Township 5 South, Range 27 East, St. Johns County, Florida, and run thence South 42°44'52'' West, along the monumented Easterly line of said Section 39, the Francis P. Fatio Grant, and then along a southwesterly prolongation thereof, a distance of 2,199.20 feet, to the Northeasterly Right of Way line of STATE ROAD No. 13, ( a 100 foot Public Road Right of Way, as per State of Florida, State Road Department Right of Way Map, Project 785); continue thence South 42°44'52'' West, along aforesaid prolongation, a distance of 104.15 feet, to the Southwesterly Right of Way line of said STATE ROAD NO. 13; run thence, along the Southwesterly Right of Way line of said STATE ROAD No. 13, the following nine (9) Courses and Distances:

Course No. 1: run thence Northwesterly, along and around the arc of a curve, being concave Southwesterly, and having a radius of 22,868.28 feet, through a central angle of 00°15'41'' to the left, an arc distance of 104.28 feet, to the point of tangency of last said curve, said arc being subtended by a chord bearing and distance of North 63°19'36'' West, 104.28 feet;

Course No. 2: North 63°27'26'' West, along last said tangency, a distance of 6,281.57 feet, to the point of curvature, of a curve leading northerly;

Course No. 3: thence Northerly, along and around the arc of a curve, being concave Northeasterly, and having a radius of 1,503.66 feet, through a central angle of 79°01'54'' to the right, an arc distance of 2,074.09 feet, to the point of tangency of said curve, said arc being subtended by a chord bearing and distance of North 23°56'30'' West, 1,913.53 feet;

Course No. 4: North 15°34'27'' East, along last said tangency, a distance of 457.25 feet, to the point of curvature, of a curve leading northwesterly and the POINT OF BEGINNING:

Course No. 5: thence Northwesterly, along and around the arc of a curve, being concave Southwesterly, and having a radius of 1,391.25 feet, through a central angle of 62°09'52'' to the left, an arc distance of 1,509.47 feet, to the point of tangency of said curve, said arc being subtended by a chord bearing and distance of North 15°30'29'' West, 1,436.52 feet;

Course No. 6: North 46°35'25'' West, along last said tangency, a distance of 1,725.01 feet, to the point of curvature, of a curve leading Westerly;

Course No. 7: thence Westerly, along and around the arc of a curve, being concave Southerly, and having a radius of 2,814.90 feet, through a central angle of 42°24'00'' to the left, an arc distance of 2,083.08 feet, to the point of tangency of last said curve, last said arc being subtended by a chord bearing and distance of North 67°47'25'' West 2,035.87 feet;

Course No. 8: North 88°59'25'' West, along last said tangency, a distance of 2,754.72 feet, to the point of curvature of a curve leading Westerly;

Course No. 9: thence Westerly, along and around the arc of a curve, being concave Northerly, and having a radius of 1482.69 feet, through a central angle of 10°53'45'' to the right, an arc distance of 281.96 feet, to the point of tangency of last said curve, last said arc being subtended by a chord bearing and distance of North 83°32'33'' West 281.53 feet, to the Northeasterly corner of Lot 22, REMINGTON PARK, as shown on the plat thereof, recorded in Map Book 7, page 1 of the Public Records of St. Johns County, Florida, thence South 40°3100'' West, along the Easterly line of said Lot 22, REMINGTON PARK, 749 feet, more or less, to a point on the Northeasterly “Mean High Water Line”, of the St. Johns River (Elevation 1.07 feet, NGVD 1929, as per Bureau of Surveying and Mapping, Division of State Lands, Department of Environmental Protection Tide Interpolation Point, MHW Data ID 4486 and 4485, and then Elevation 1.06, NGVD 1929, as per MHW Data ID 4484); run thence Southerly, along the aforesaid “Mean High Water Line” of the St. Johns River, a distance of 2,330 feet, more or less, to a point on the Northwesterly boundary of those lands currently owned by John P. Hallowes, Jr., et al (St. Johns County Property Appraiser PIN 000900 0000), as described and recorded in Official Records Book 107, page 495 of the Public Records of said St. Johns County; run thence, along the boundary lines of last said lands the following five (5) Courses and Distances:

Course No. 1: North 79°20'10'' East, a distance of 390 feet, more or less, to a point;

Course No. 2: North 10°08'19'' East, a distance of 636.87 feet, to a point;

Course No. 3: South 88°06'31'' East, a distance of 581.67 feet, to a point;

Course No. 4: South 03°40'34'' East, a distance of 742.73 feet, to a point;

Course No. 5: South 45°25'02'' West, a distance of 874 feet, more or less, to a point on said Northeasterly “Mean High Water Line”, of the St. Johns River run thence Easterly, Northerly and Southeasterly, along the aforesaid “Mean High Water Line” of the St. Johns River, a distance of 9,100 feet, more or less, to a point which lies South 87°27'59 West, 1,043 feet, more or less, from the POINT OF BEGINNING; run thence North 52°50'53'' East, a distance of 525 feet, more or less, to a point; run thence South 78°19'23'' East, a distance of 314.43 feet to a point; run thence South 56°39'18'' East, a distance of 377.64 feet to the aforesaid Southwesterly Right of Way line of STATE ROAD No. 13, and the POINT OF BEGINNING.

The lands thus described, contain 295.02 acres, more or less, in area.

TOGETHER WITH

PARCEL I

A parcel of land, being a portion of the Francis P. Fatio Grant, Section 39, Township 5 South, Range 27 East; together with a portion of the Francis P. Fatio Grant, Section 44, Township 5 South, Range 26 East; all in St. Johns County, Florida, said parcel of land being more particularly described as follows: For a Point of Reference, commence at the intersection of Section 32, Section 40, the F.J. Fatio Grant, and Section 39, the Francis P. Fatio Grant, all in Township 5 South, Range 27 East, St. Johns County, Florida, and run thence South 42°44'52" West, along the monumented Easterly line of said Section 39, the Francis P. Fatio Grant, (also being the Westerly line of said Section 40) a distance of 2,199.20 feet, to the Northeasterly Right of Way line of STATE ROAD No. 13, ( a 100 foot Public Road Right of Way, as per State of Florida, State Road Department Right of Way Map, Project 785); run thence, along the aforesaid Northeasterly Right of Way line of STATE ROAD No. 13, the following two (2) Courses and Distances:

Course No. I: run thence Northwesterly, along and around the arc of a curve, being concave Southwesterly, and having a radius of 22,968.28 feet, through a central angle of 00°20'02" to the left, an arc distance of 133.89 feet, to the point of tangency of last said curve, said arc being subtended by a chord bearing and distance of North 63°17'25" West, 133.89 feet;

Course No. 2: North 63°27'26" West, along last said tangency, a distance of 6144.14 feet to the POINT OF BEGINNING: run thence North 26°42'01" East, departing said Northeasterly Right of Way line, a distance of 249.39 feet, to a point; run thence South 63°14'24" East, a distance of 120.00 feet, to a point; run thence North 26°42'01" East, a distance of 223.42 feet, to a point; run thence North 11°17'57" East, a distance of 176.08 feet, to a point; run thence Southeasterly, around and along the arc of a curve, being concave Northeasterly, and having a radius of 219.00 feet, through a central angle of 09°27'56" to the left, an arc distance of 36.18 feet to the point of tangency of last said curve, said arc being subtended by a chord bearing and distance of South 73°58'04" East, 36.14 feet; run thence South 78°42'03" East, along last said tangency, 264.08 feet the point of curvature of a curve leading Southeasterly; thence Easterly, around and along the arc of said curve, being concave Southwesterly, and having a radius of 531.00 feet, through a central angle of 15°24'03" to the right, an arc distance of 142.73 feet to the point of tangency of last said curve, said arc being subtended by a chord bearing and distance of South 71°00'01" East, 142.30 feet; run thence South 63°17'59" East, along last said tangency, a distance of 404.36 feet; run thence North 26°42'01" East, a distance of 827.49 feet, to the point of curvature of a curve leading Northerly; thence Northerly and Northwesterly, around and along the arc of said curve, being concave Westerly , and having a radius of 25.00 feet, through a central angle of 80°40'40" to the left, an arc distance of 35.20 feet, said arc being subtended by a chord bearing and distance of North 13°38'19" West, 32.37 feet to the point of reverse curvature of last said curve with a curve leading Northwesterly; thence Northwesterly, around and along the arc of last said curve, being concave Northeasterly, and having a radius of 354.00 feet, through a central angle of 26°14'57" to the right, an arc distance of 162.18 feet to the point of tangency of last said curve, said arc being subtended by a chord bearing and distance of North 40°51'10" West, 160.77 feet; run thence North 27°43'42" West, along last said tangency, a distance of 45.05 feet, to a point; run thence South 62°16'18" West, a distance of 313.00 feet, to the point of curvature of a curve leading Westerly; thence Westerly, around and along the arc of said curve, being concave Northerly, and having a radius of 479.00 feet, through a central angle of 59°19'51" to the right, an arc distance of 496.01 feet, arc being subtended by a chord bearing and distance of North 88°03'46" West, 474.15 feet to the point of reverse curvature of last said curve with a curve leading Westerly; thence Westerly, around and along the arc of last said curve, being concave Southerly, and having a radius of 250.00 feet, through a central angle of 89°56'25" to the left, an arc distance of 392.44 feet to the end last said curve, said arc being subtended by a chord bearing and distance of South 76°37'57" West, 353.37 feet; run thence North 69°17'58" West, a distance of 265.03 feet; thence Southwesterly, around and along the arc of a curve, being concave Northwesterly, and having a radius of 500.00 feet, through a central angle of 09°47'49" to the right, an arc distance of 85.49 feet to the point of tangency of last said curve, said arc being subtended by a chord bearing and distance of South 25°34'49" West, 85.39 feet; run thence South 30°28'44" West, along last said tangency, a distance of 350.39 feet; run thence North 56°25'03" West, a distance of 314.88 feet; run thence South 45°28'44" West, a distance of 151.52 feet; run thence South 57°14'17" West, a distance of 100.62 feet; run thence South 53°38'43" West, a distance of 112.98 feet to a point situate on the Northeasterly right of way line of said STATE ROAD 13; run thence, along said Northeasterly right of way line of said STATE ROAD No. 13, the following two (2) Courses and Distances: Course No. 1: thence Southeasterly, around and along the arc of a curve, being concave Northeasterly, and having a radius of 1403.66 feet, through a central angle of 34°18'20" to the left, an arc distance of 840.43 feet to the point of tangency of last said curve, said arc being subtended by a chord bearing and distance of South 46°18'17" East, 827.94 feet; Course No. 2: thence South 63°27'26" East, along last said tangency, a distance of 137.43 feet to the POINT OF BEGINNING.

The lands thus described, contains 1,327,284 square feet, or 30.47 acres, more or less, in area.

PARCEL 2A parcel of land, being a portion of the Francis P. Fatio Grant, Section 39, Township 5 South, Range 27 East; together with a portion of the Francis P. Fatio Grant, Section 44, Township 5 South, Range 26 East, all in St. Johns County, Florida, said parcel of land being more particularly described as follows:

For a Point of Reference, commence at the intersection of Section 32, Section 40, the F.J. Fatio Grant, and Section 39, the Francis P. Fatio Grant, all in Township 5 South, Range 27 East, St. Johns County, Florida, and run thence South 42°44'52" West, along the monumented Easterly line of said Section 39, the Francis P. Fatio Grant, and then along a southwesterly prolongation thereof, a distance of 2,199.20 feet, to the Northeasterly Right of Way line of STATE ROAD No. 13, (a 100 foot Public Road Right of Way, as per State of Florida, State Road Department Right of Way Map, Project 785); continue thence South 42°44'52" West, along aforesaid prolongation, a distance of 104.15 feet, to the Southwesterly Right of Way line of said STATE ROAD NO. 13; run thence, along the Southwesterly Right of Way line of said STATE ROAD No. 13, the following five (5) Courses and Distances:

Course No. 1: run thence Northwesterly, along and around the arc of a curve, being concave Southwesterly, and having a radius of 22,868.28 feet, through a central angle of 00°15'41" to the left, an arc distance of 104.28 feet, to the point of tangency of last said curve, said arc being subtended by a chord bearing and distance of North 63°19'36" West, 104.28 feet;

Course No. 2: North 62°27'26" West, along last said tangency, a distance of 4312.27 feet to the POINT OF BEGINNING.

Course No. 3: thence continue North 62°27'26" West, along last said tangency, a distance of 1969.29 feet, to the point of curvature, of a curve leading northerly;

Course No. 4: thence Northerly, along and around the arc of a curve, being concave Northeasterly, and having a radius of 1,503.66 feet, through a central angle of 79°01'54" to the left, an arc distance of 2,074.09 feet, to the point of tangency of said curve, said arc being subtended by a chord bearing and distance of North 23°56'30" West, 1,913.53 feet;

Course No. 5: North 15°34'27" East, along last said tangency, a distance of 457.25 feet; run thence North 56°39'18" West, departing said right of way line, a distance of 377.64 feet; run thence North 78°19'23" West, a distance of 314.43 feet; run thence South 52°50'53" West, a distance of 525 feet, more or less, to a point on the Northeasterly “Mean High Water Line”, of the St. Johns River, (Elevation 1.07 feet, NGVD 1929, as per Bureau of Surveying and Mapping, Division of State Lands, Department of Environmental Protection Tide Interpolation Point, MHW Data ID 4486 and 4485, and then Elevation 1.06, NGVD 1929, as per MHW Data ID 4484); run thence Southeasterly, along the aforesaid “Mean High Water Line” of the St. Johns River, a distance of 4,430 feet, more or less to a point which lies South 76°56'58" West, 876 feet, more or less, from the POINT OF BEGINNING; run thence South 87°40'31" East, a distance of 740 feet, more or less; run thence North 26°32'34" East, a distance of 254.81 feet to the aforesaid Southwesterly Right of Way line of STATE ROAD No. 13, and the POINT OF BEGINNING.

The lands thus described, contains 59.46 acres, more or less, in area.

Rulemaking Specific Authority 190.004, 190.005 FS. Law Implemented 190.004, 190.005, 190.046 FS. History–New 11-1-06, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jerry McDaniel, Secretary, Administration Commission

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Administration Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 3, 2011

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 13, 2011