The Petition, as amended during the public hearing held on February 22, 2006, before Judge J. Lawrence Johnston, was filed by the Tomoka Community Development District with its registered office located at 123 South Calhoun Street, Tallahassee, ...

 

LAND AND WATER ADJUDICATORY COMMISSION
Tomoka Community Development District

RULE NO: RULE TITLE
42LL-1.002: Boundary
PURPOSE AND EFFECT: The Petition, as amended during the public hearing held on February 22, 2006, before Judge J. Lawrence Johnston, was filed by the Tomoka Community Development District with its registered office located at 123 South Calhoun Street, Tallahassee, Florida 32301. The Petition, as amended, proposes to modify the land area presently serviced by the District by amending its boundary to add approximately 1,122 acres. (The District was originally established by Rule 42LL-1, F.A.C., effective October 10, 2003. Petitioner discovered flaws in the legal description of the external boundaries of the District contained in Rule Chapter 42LL-1.002, F.A.C., resulting in the exclusion of significant portions of the lands thought to be included in the original Petition establishing the District. The subject boundary amendment will correct the flaws.) The District currently covers approximately 846 acres of land located in Flagler County in an area west of Interstate 95, northeast of U.S. Highway 1, south of Old Dixie Highway, and bounded on the east by the Florida Power and Light utility easement. After amendment, the District will encompass approximately 1,968 acres. The District currently contains two out-parcels located within the external boundaries of the District which remain excluded. Petitioner has written consent to amend the boundary of the District from the owners of one hundred percent of the lands comprising the expansion parcel. Pursuant to Section 190.046(1)(e), F.S., the filing of the Petition, as amended, for expansion by the District Board of Supervisors constitutes consent of the landowners. Development contemplated for the Tomoka CDD, after expansion, consists of 1,586 single family homes, 330 multi-family homes, 18 holes of championship golf, and recreation areas. Services and facilities to be provided by the District for lands within the expansion parcel are included in the District’s adopted Improvement Plan and consist of stormwater infrastructure, entrances and landscaping, wetland compliance/mitigation, offsite improvements, and engineering and permitting. The District has already funded, acquired, and/or constructed infrastructure improvements to the expansion parcel. Construction of the improvements is expected to be complete in 2006.
SUMMARY OF ESTIMATED REGULATORY COSTS: In association with the Petition, the Petitioner has caused a Statement of Estimated Regulatory Costs (“SERC”) to be prepared in compliance with Section 120.541, F.S. The complete text of the SERC is contained at Exhibit “9” to the Petition. By way of summary, the SERC estimates the principal individuals and entities likely to be required to comply with the amended rule are the State of Florida and Flagler County. The SERC estimates that rule amendment implementation and enforcement costs to the above-described entities will be modest, are concurrently budgeted or not burdensome, and/or are offset by the payment of requisite filing and annual fees; and, estimates there will be no effect on state and local revenues from the proposed amendment of the rule. The SERC indicates 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. Prospective future landowners 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 operations and maintenance of the District. The SERC further provides the decision to locate within the District is completely voluntary. The SERC concludes that the expansion of the District’s boundary will have no impact or a positive impact on small businesses. As to impact on small counties, Flagler County is not a “small” county as defined by Section 120.52, F.S. The SERC analysis is based on a straightforward application of economic theory. Input was received from the developer’s engineer and other professionals associated with the developer.
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.
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):
TIME AND DATE: Tuesday, October 3, 2006, 10:00 a.m.
PLACE: Room 1802M, The Capitol, Tallahassee, Florida
Any person requiring a special accommodation to participate in the hearing because of a disability should contact Barbara Leighty, [phone], at least two (2) 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 1802, Tallahassee, Florida 32399-0001, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

42LL-1.002 Boundary.

The boundaries of the district are as follows:

A portion of sections 3, 4, 5, 8, 9, 10, 15, 16, 21, and 22, Township 13 south, range 31 east, Flagler County, Florida, and a portion of Bunnell Development Company Subdivision, as recorded in plat book 1, page 1, of the Public Records of Flagler County, Florida, more particularly described as follows: and a portion of sections 14, 22 and 23, Township 13 south, range 31 east, Volusia County, Florida, described as follows:

From a Point of Beginning being the southwest corner of Section 3, Township 13 South, Range 31 East; thence, proceeding North 01 degrees, 46 minutes, 36 seconds West along the west line of said Section 3, a distance of 986.85 feet; thence, departing said westerly line of Section 3, North 89 degrees, 27 minutes, 53 seconds East, a distance of 150.00 feet; thence, North 01 degrees, 46 minutes, 33 seconds West a distance of 1287.05 feet to the southerly right-of-way line of Old Dixie Highway, a 66 foot wide right-of-way; thence North 89 degrees, 28 minutes, 05 seconds East, along said southerly right-of-way line, a distance of 1181.54 feet; thence departing said right-of-way line, run South 01 degrees, 48 minutes, 15 seconds East along the east line of Lot 4, Block C, Section 3, of said Bunnell Development Company subdivision, a distance of 1287.00 feet; thence, North 89 degrees, 28 minutes, 22 seconds East a distance of 110.00 feet to a point on the easterly line of the 236 foot wide Florida Power and Light Company easement recorded in O.R. Book 11, Page 493 and O.R. Book 34, Page 124 of the Public Records of Flagler County, Florida; thence South 01 degrees, 48 minutes, 15 seconds East, along the easterly line of said Florida Power and Light easement, a distance of 1182.92 feet; thence, continuing along said easterly line of said Florida Power and Light easement, South 50 degrees, 26 minutes, 59 seconds East a distance of 3340.24 feet; thence, South 01 degrees, 56 minutes, 33 seconds East a distance of 5789.89 feet more or less to a point on the northerly line of Eagle Rock Ranch Subdivision, as recorded in Plat Book 26, Pages 51-52 of the Public Records of Flagler County, Florida; thence, departing said easterly line of the Florida Power and Light Easement, South 40 degrees, 11 minutes, 55 seconds West, along said northerly line of Eagle Rock Ranch, a distance of 856.60 feet; thence continuing along said northerly line of Eagle Rock Ranch South 88 degrees, 27 minutes, 37 seconds West a distance of 45.18 feet; thence, South 40 degrees, 11 minutes, 55 seconds West a distance of 2189.93 feet; thence, South 49 degrees, 47 minutes, 54 seconds East a distance of 1171.20 feet; thence, South 40 degrees, 14 minutes, 04 seconds West a distance of 2222.60 feet to a point on the easterly line of U.S. Highway 1, a 160 foot wide right-of-way; thence departing said northerly line of Eagle Rock Ranch subdivision, proceed northerly along said U.S. Highway 1 right-of-way North 49 degrees, 47 minutes, 21 seconds West a distance of 637.20 feet to the start of a curve concave northeasterly having a radius of 5619.59 feet; thence, run along the arc of said curve, through a central angle of 8 degrees, 42 minutes, 33 seconds a distance of 854.17 feet; thence, North 48 degrees, 55 minutes, 11 seconds East a distance of 35.00 feet to the start of a curve concave northeasterly having a radius of 5584.59 feet; thence, run along the arc of said curve, through a central angle of 1 degrees, 40 minutes, 40 seconds a distance of 163.53 feet; thence, North 39 degrees, 24 minutes, 09 seconds West a distance of 276.47 feet; thence South 50 degrees, 35 minutes, 51 seconds West a distance of 35.00 feet; thence, North 39 degrees, 24 minutes, 09 seconds West a distance of 7995.87 feet to a point on the north line of Section 16, Township 13 South, Range 31 East; thence, departing said U.S. Highway 1 right-of-way, proceed, North 89 degrees, 11 minutes, 58 seconds East, along the north line of said Section 16, a distance of 999.49 feet; thence, departing said north line of Section 16, North 02 degrees, 00 minutes, 32 seconds West a distance of 1320.83 feet; thence, North 89 degrees, 12 minutes, 05 seconds East a distance of 1325.60 feet; thence, North 02 degrees, 04 minutes, 45 seconds West a distance of 1320.83 feet; thence, South 89 degrees, 12 minutes, 11 seconds West a distance of 1323.99 feet; thence, South 02 degrees, 00 minutes, 32.5 seconds East a distance of 1320.83 feet; thence, South 89 degrees, 12 minutes, 05 seconds West a distance of 662.80 feet; thence, North 01 degrees, 58 minutes, 26 seconds West a distance of 1981.25 feet; thence, South 89 degrees, 12 minutes, 14 seconds West a distance of 1396.16 feet; thence, North 07 degrees, 21 minutes, 09.5 seconds West a distance of 442.07 feet; thence, South 72 degrees, 34 minutes, 37 seconds West a distance of 267.61 feet; thence, North 17 degrees, 23 minutes, 09 seconds West a distance of 311.39 feet; thence, North 89 degrees, 14 minutes, 31 seconds East a distance of 310.90 feet; thence, North 17 degrees, 18 minutes, 16 seconds West a distance of 690.36 feet; thence, North 01 degrees, 07 minutes, 55 seconds West a distance of 235.10 feet; thence, South 89 degrees, 19 minutes, 05 seconds West a distance of 280.00 feet; thence, North 01 degrees, 07 minutes, 55 seconds West a distance of 425.00 feet; thence, South 89 degrees, 19 minutes, 05 seconds West a distance of 152.45 feet; thence, North 01 degrees, 02 minutes, 20 seconds West a distance of 2338.83 feet; thence, North 89 degrees, 18 minutes, 57 seconds East a distance of 1328.19 feet; thence, North 89 degrees, 33 minutes, 19 seconds East a distance of 668.21 feet; thence, South 02 degrees, 54 minutes, 51 seconds East a distance of 660.00 feet; thence, South 89 degrees, 33 minutes, 49 seconds West a distance of 666.05 feet; thence, South 03 degrees, 06 minutes, 06 seconds East a distance of 1680.93 feet to the northwest corner of Section 9, Township 13 South, Range 31 East; thence, along the north line of said Section 9, North 89 degrees, 09 minutes, 34 seconds East a distance of 1320.73 feet; thence, departing said northerly line of said Section 9, North 02 degrees, 43 minutes, 34 seconds West a distance of 1011.14 feet; thence, North 89 degrees, 33 minutes, 56 seconds East a distance of 2657.49 feet; thence, South 02 degrees, 04 minutes, 00 seconds East a distance of 994.19 feet; thence, North 89 degrees, 15 minutes, 13 seconds East a distance of 1324.71 feet to the Point of Beginning,

Less and Except the Plantation Bay School Site recorded in Plat Book 29, Page 49 of the Public Records of Flagler County, Florida and excepting the following Park Site:

A portion of Sections 9 and 16, Township 13 South, Range 31 East, Flagler County, Florida, commencing as a point of reference being the northeast corner of said Section 16, run South 89 degrees 11 minutes, 58 seconds West along the north line of said section16, a distance of 4981.16 feet more or less to the easterly right-of-way line of U.S. Highway 1, a 160 foot wide right-of-way; thence, South 39 degrees 24 minutes, 09 seconds East, along said right-of-way, a distance of 1525.00 feet; to the point of curvature of a curve concave northerly, having a radius of 25.00 feet and a central angle of 90 degrees 00 minutes 00 seconds; thence departing said right-of-way line, run easterly along the arc of said curve a distance of 39.27 feet; thence, North 50 degrees 35 minutes, 51 seconds East a distance of 353.91 feet to the point of curvature of a curve concave southeasterly, having a radius of 425.24 feet and a central angle of 37 degrees 57 minutes 36 seconds and a chord bearing of North 69 degrees 34 minutes 39 seconds East; thence run easterly along the arc of said curve a distance of 281.73 feet to the point of reverse curve of a curve concave northerly, having a radius of 390.67 feet and a central angle of 54 degrees 14 minutes 32 seconds and a chord bearing of North 61 degrees 26 minutes 12 seconds East; thence run easterly along the arc of said curve a distance of 369.85 feet to the point of compound curve of a curve concave northerly, having a radius of 2818.85 feet and a central angle of 02 degrees 04 minutes 29 seconds and a chord bearing of North 33 degrees 16 minutes 41 seconds East; thence run easterly along the arc of said curve a distance of 102.08 feet; thence, South 59 degrees 28 minutes, 19 seconds East a distance of 120.05 feet to the point of curvature of a curve concave northwesterly, having a radius of 2938.85 feet and a central angle of 08 degrees 19 minutes 23 seconds; thence run northeasterly along the arc of said curve a distance of 426.91 feet; thence, North 23 degrees 50 minutes 51 seconds East a distance of 125.00 feet to the point of beginning; thence, continue North 23 degrees 50 minutes 51 seconds East a distance of 350.00 feet; thence, South 76 degrees 52 minutes, 06 seconds East a distance of 679.42 feet; thence, South 48 degrees 20 minutes 31 seconds East a distance of 1737.34 feet; thence, South 04 degrees 12 minutes 29 seconds East a distance of 450.94 feet; thence, North 60 degrees 12 minutes 29 seconds West a distance of 698.75 feet; thence, North 79 degrees 12 minutes 29 seconds West a distance of 393.78 feet; thence, North 31 degrees 58 minutes 16 seconds West a distance of 463.90 feet; thence, North 64 degrees 20 minutes, 47 seconds West a distance of 474.24 feet; thence, North 48 degrees 09 minutes, 28 seconds West a distance of 628.10 feet to the point of beginning.

From the southwest corner of said section 3, run north 01 degree 46 minutes 36 seconds west along the west line of said section 3 a distance of 451.12 feet to the point of beginning; thence continue north 01 degree 46 minutes 36 seconds west along said line a distance of 535.72 feet; thence departing said line, run north 87 degrees 27 minutes 53 seconds east a distance of 150.00 feet; thence north 01 degree 46 minutes 33 seconds west a distance of 1287.05 feet to the southerly right-of-way line of Old Dixie Highway, a 66 foot right-of-way; thence north 89 degrees 28 minutes 05 seconds east along said right-of- way line a distance of 1181.54 feet; thence departing said right-of-way line, run south 01 degree 48 minutes 15 seconds east along the east line of lot 4, block C, section 3, said Bunnell Development Company subdivision a distance of 1287.00 feet; thence north 89 degrees 28 minutes 22 seconds east along the north line of lot 10, block C, section 3, said Bunnell Development Company subdivision a distance of 110.00 feet; thence departing said line, run south 01 degree 48 minutes 15 seconds east along the easterly line of a 110 foot Florida Power & Light Company easement as recorded in deed book 116, page 128, of the Public Records of Flagler County, Florida, and the boundary of Plantation Bay phase I-A, as recorded in plat book 29, pages 40-48, of the Public Records of Flagler County, Florida, a distance of 782.92 feet; thence departing said line, run south 89 degrees 35 minutes 22 seconds west a distance of 236.07 feet; thence north 01 degree 48 minutes 15 seconds west a distance of 399.99 feet; thence south 82 degrees 12 minutes 14 seconds west a distance of 1212.70 feet to the point of beginning.

Together with the following:

From the southwest corner of said section 3, as the point of beginning, run south 02 degrees 08 minutes 04 seconds east along the east line of said section 9 a distance of 473.67 feet; thence departing said line, run south 62 degrees 28 minutes 42 seconds west a distance of 334.23 feet to a point on the arc of a curve, concave westerly, having a radius of 1380.00 feet, central angle of 40 degrees 46 minutes 36 seconds, and a chord bearing of south 06 degrees 49 minutes 43 seconds west; thence run southerly along the arc of said curve a distance of 982.13 feet; thence south 27 degrees 13 minutes 01 second west a distance of 704.67 feet to the p.c. of a curve, concave easterly, having a radius of 571.65 feet and a central angle of 34 degrees 23 minutes 14 seconds; thence run southerly along the arc of said curve a distance of 343.09 feet to the p.r.c. of a curve, concave northwest, having a radius of 658.75 feet and a central angle of 32 degrees 59 minutes 14 seconds; thence run southerly along the arc of said curve a distance of 379.27 feet; thence south 25 degrees 49 minutes 00 seconds west a distance of 502.83 feet to the p.c. of a curve, concave southeast, having a radius of 670.00 feet and a central angle of 39 degrees 19 minutes 27 seconds; thence run southerly along the arc of said curve a distance of 459.84 feet; thence south 13 degrees 30 minutes 26 seconds east a distance of 180.63 feet to the p.c. of a curve, concave northeast, having a radius of 25.00 feet and a central angle of 88 degrees 29 minutes 15 seconds; thence run easterly along the arc of said curve a distance of 38.61 feet to the p.r.c. of a curve, concave southwest, having a radius of 2058.75 feet, central angle of 33 degrees 31 minutes 32 seconds, and a chord bearing of south 85 degrees 13 minutes 55 seconds east; thence run easterly along the arc of said curve a distance of 1204.64 feet; thence south 02 degrees 08 minutes 04 seconds east along the east line of said section 9 a distance of 1175.28 feet to the southeast corner thereof; thence south 02 degrees 02 minutes 03 seconds east along the east line of said section 16 a distance of 3104.20 feet; thence departing said line, run north 87 degrees 57 minutes 57 seconds east a distance of 860.71 feet to a point to be referenced as point “A”; thence south 13 degrees 56 minutes 20 seconds west a distance of 973.88 feet to the p.c. of a curve, concave easterly, having a radius of 2550.00 feet and a central angle of 31 degrees 08 minutes 05 seconds; thence run southerly along the arc of said curve a distance of 1385.68 feet; thence south 17 degrees 11 minutes 45 seconds east a distance of 731.09 feet to the p.c. of a curve, concave northwest, having a radius of 625.00 feet and a central angle of 61 degrees 22 minutes 11 seconds; thence run westerly along the arc of said curve a distance of 669.44 feet; thence south 44 degrees 10 minutes 26 seconds west a distance of 234.53 feet to the p.c. of a curve, concave northerly, having a radius of 25.00 feet, central angle of 90 degrees 16 minutes 05 seconds, and a chord bearing of south 89 degrees 33 minutes 29 seconds west; thence run northerly along the arc of said curve a distance of 39.61 feet to the p.c.c. of a curve, concave northeast, having a radius of 5619.59 feet, central angle of 03 degrees 58 minutes 40 seconds, and a chord bearing of north 43 degrees 04 minutes 09 seconds west; said point being on the easterly right-of-way line of U.S. Highway No. 1, a 160 foot right-of-way; thence northerly along said right-of-way line and the arc of said curve a distance of 390.13 feet; thence north 48 degrees 55 minutes 11 seconds east a distance of 35.00 feet to a point on the arc of a curve, concave northeast, having a radius of 5584.59 feet, central angle of 1 degree 40 minutes 40 seconds, a chord bearing of north 40 degrees 14 minutes 29 seconds west; thence run northerly along the arc of said curve a distance of 163.53 feet; thence north 39 degrees 24 minutes 09 seconds west a distance of 276.47 feet; thence south 50 degrees 35 minutes 51 seconds west a distance of 35.00 feet; thence north 39 degrees 24 minutes 09 seconds west a distance of 7995.87 feet; thence departing said right-of-way line, run north 89 degrees 11 minutes 58 seconds east along the south line of lots 8 and 9, block C, section 9, said Bunnell Development Company subdivision, a distance of 999.49 feet; thence north 02 degrees 00 minutes 32.5 seconds west along the east line of lot 9, block C, said section 9 a distance of 1320.83 feet; thence north 89 degrees 12 minutes 05 seconds east along the north line of lots 10 and 12, block C, said section 9 a distance of 1325.60 feet; thence north 02 degrees 04 minutes 45 seconds west along the west line of lots 5 and 6, block D, said section 9 a distance of 1320.83 feet; thence south 89 degrees 12 minutes 11 seconds west along the south line of lots 10 and 11, block B, said section 9 a distance of 1323.99 feet; thence south 02 degrees 00 minutes 32.5 seconds east along the east line of lot 4, block C, said section 9 a distance of 1320.83 feet; thence south 89 degrees 12 minutes 05 seconds west along the south line of lot 4, block C, said section 9 a distance of 662.80 feet; thence north 01 degree 58 minutes 26 seconds west along the west line of lot 4, block C, and lot 9, block D, said section 9 a distance of 19381.25 feet; thence south 89 degrees 12 minutes 14 seconds west along the south line of lot 7, block B, said section 9, and the south line of lot 12, block A, said section 8 and the westerly extension thereof, a distance of 1396.16 feet; thence north 07 degrees 21 minutes 09.5 seconds west a distance of 442.07 feet; thence south 72 degrees 34 minutes 37 seconds west a distance of 267.61 feet to the easterly right-of-way line of said U.S. Highway No. 1; thence north 17 degrees 23 minutes 09 seconds west along said right-of-way line a distance of 311.39 feet; thence departing said line, run north 89 degrees 14 minutes 31 seconds east along the north line of lot 12, block A, said section 8, and the westerly extension thereof a distance of 310.90 feet; thence north 17 degrees 18 minutes 16 seconds west a distance of 690.36 feet; thence north 01 degree 07 minutes 55 seconds west a distance of 235.10 feet; thence south 89 degrees 19 minutes 05 seconds west a distance of 280.00 feet; thence north 01 degree 07 minutes 55 seconds west a distance of 425.00 feet to the north line of said section 8; thence south 89 degrees 19 minutes 05 seconds west along said north line a distance of 152.45 feet; thence north 01 degree 02 minutes 20 seconds west along the west line of lots 3 and 10, block D, said section 5, a distance of 2338.83 feet; thence north 89 degrees 18 minutes 57 seconds east along the north line of lots 2 and 3, block D, said section 5 a distance of 1328.19 feet; thence north 89 degrees 33 minutes 19 seconds east along the north line of lot 5, block C, said section 4 a distance of 668.21 feet; thence south 02 degrees 54 minutes 51 seconds east along the east line of lot 5, block C, said section 4 a distance of 660.00 feet; thence south 89 degrees 33 minutes 49 seconds west along the south line of lot 5, block C, said section 4 a distance of 666.05 feet; thence south 03 degrees 06 minutes 06 seconds east along the east line of lots 1, 11 and 12, block D, said section 5, being the east line of said section 5, a distance of 1680.93 feet; thence north 89 degrees 09 minutes 34 seconds east along the north line of lots 4 and 5, block B, said section 9, being the north line of said section 9, a distance of 1320.73 feet; thence north 02 degrees 43 minutes 34 seconds west along the west line of lot 10, block C, said section 4, a distance of 1011.14 feet; thence north 89 degrees 33 minutes 56 seconds east along the north line of lots 10 and 12, block C, and lots 7 and 9, block D, said section 4 a distance of 2657.49 feet; thence south 02 degrees 04 minutes 00 seconds east along the east line of lot 9, block D, said section 4 a distance of 994.19 feet; thence north 89 degrees 15 minutes 13 seconds east along the north line of lots 2 and 3, block A, said section 9, being the north line of said section 9, a distance of 1324.71 feet to the point of beginning.

Together with the following:

From previously referenced point “A”, run south 84 degrees 30 minutes 42 seconds east a distance of 101.10 feet to the point of beginning; thence north 87 degrees 57 minutes 57 seconds east a distance of 2815.27 feet to a point on the boundary of Eagle Rock Ranch subdivision, as recorded in map book 26, pages 51 and 52, of the Public Records of Flagler County, Florida; thence south 40 degrees 11 minutes 55 seconds west along said boundary a distance of 640.75 feet; thence south 88 degrees 27 minutes 37 seconds west along said boundary a distance of 45.18 feet; thence south 40 degrees 11 minutes 55 seconds west along said boundary a distance of 2189.93 feet; thence south 49 degrees 47 minutes 54 seconds east along said boundary a distance of 1171.20 feet; thence south 40 degrees 14 minutes 04 seconds west along said boundary a distance of 2222.60 feet to the easterly right-of-way line of U.S. Highway No. 1; thence along said right-of-way line, run north 49 degrees 47 minutes 21 seconds west a distance of 637.20 feet to the p.c. of a curve, concave northeast, having a radius of 5619.59 feet and a central angle of 3 degrees 11 minutes 42 seconds; thence run northerly along the arc of said curve a distance of 373.37 feet to the p.c.c. of a curve, concave southeast, having a radius of 25.00 feet and a central angle of 90 degrees 46 minutes 05 seconds; thence departing said right-of-way line, run easterly along the arc of said curve a distance of 39.61 feet; thence north 44 degrees 10 minutes 26 seconds east a distance of 234.53 feet to the p.c. of a curve, concave northwest, having a radius of 725.00 feet and a central angle of 61 degrees 22 minutes 11 seconds; thence run northerly along the arc of said curve a distance of 776.55 feet; thence north 17 degrees 11 minutes 45 seconds west a distance of 731.09 feet to the p.c. of a curve, concave southeast, having a radius of 2450.00 feet and a central angle of 31 degrees 08 minutes 05 seconds; thence run northerly along the arc of said curve a distance of 1331.34 feet; thence north 13 degrees 56 minutes 20 seconds east a distance of 163.86 feet to the point of beginning.

Together with the following:

From the southeast corner of said section 22, run south 89 degrees 26 minutes 56 seconds west along the south line of said section 22 a distance of 757.21 feet to the easterly right-of-way line of U.S. Highway No. 1, a 160 foot right-of-way, thence north 49 degrees 48 minutes 44 seconds west along said right-of-way line a distance of 509.05 feet to the point of beginning; thence continue along said right-of-way line north 49 degrees 46 minutes 07 seconds west a distance of 100.10 feet; thence departing said right-of-way line, run north 42 degrees 47 minutes 46 seconds east, parallel with the southerly line of Eagle Rock Ranch subdivision, as recorded in map book 26, pages 51 and 52 of the Public Records of Flagler County, Florida, a distance of 2222.97 feet; thence north 49 degrees 46 minutes 12 seconds west a distance of 428.53 feet; thence north 40 degrees 11 minutes 55 seconds east a distance of 5473.32 feet to the westerly right-of-way line of Interstate No. 95, a 300 foot right-of-way; thence south 20 degrees 43 minutes 11 seconds east along said right-of-way line a distance of 5003.89 feet to the east line of said section 23; thence south 01 degree 50 minutes 39 seconds east along said east line a distance of 1773.40 feet to the southeast corner of said section 23; thence south 89 degrees 46 minutes 01 second west along the south line of said section 23 a distance of 2661.49 feet; thence departing said line, run north 49 degrees 46 minutes 12 seconds west a distance of 3006.16 feet; thence south 42 degrees 47 minutes 46 seconds west a distance of 2222.97 feet to the point of beginning.

Excepting there from the plat of Plantation Bay School site, as recorded in plat book 29, page 49 of the Public Records of Flagler County, Florida.

And excepting the following:

A portion of section 9 and 16, Township 13 south, range 31 east, Flagler County, Florida, described as follows: from the northeast corner of said section 16, run south 89 degrees 11 minutes 50 seconds west along the north line of said section 16, a distance of 4981.16 feet to the east right-of-way line of U.S. 1, a 160 foot right-of-way; thence south 39 degrees 24 minutes 09 seconds east, along said right-of-way line a distance of 1525.00 feet to and the p.c. of a curve, concave northerly, having a radius of 25.00 feet and a central angle of 90 degrees 00 minutes 00 seconds; thence departing said right-of-way line, run easterly along the arc of said curve a distance of 39.27 feet; thence north 50 degrees 35 minutes 51 seconds east a distance of 353.91 feet to the p.c. of a curve, concave southeast, having a radius of 425.24 feet, central angle of 37 degrees 57 minutes 36 seconds, and a chord bearing of north 69 degrees 34 minutes 39 seconds east; thence run easterly along the arc of said curve a distance of 281.73 feet to the P.R.C. of a curve, concave northerly, having a radius of 390.67 feet and a central angle of 54 degrees 14 minutes 32 seconds; thence run easterly along the arc of said curve a distance of 369.83 feet to the P.C.C. of a curve, concave northerly, having a radius of 2818.85 feet, central angle of 2 degrees 04 minutes 29 seconds; and a chord bearing of north 33 degrees 16 minutes 41 seconds east; thence run easterly along the arc of said curve a distance of 102.00 feet; thence south 49 degrees 15 minutes 56 seconds east a distance of 142.40 feet to the P.C. of a curve, concave easterly, having a radius of 25.00 feet, central angle of 80 degrees 21 minutes 26 seconds, and a chord bearing of north 08 degrees 00 minutes 29 seconds west, thence run northerly along the arc of said curve a distance of 35.06 feet to the P.R.C. of a curve, concave northwest, having a radius of 2938.85 feet, central angle of 8 degrees 19 minutes 23 seconds, and a chord bearing of north 28 degrees 00 minutes 33 seconds east; thence run northerly along the arc of said curve a distance of 126.91 feet; thence north 23 degrees 50 minutes 51 seconds east a distance of 125.00 feet; to the point of beginning; thence continue north 23 degrees 50 minutes 51 seconds east a distance of 227.35 feet to the north line of said section 16; thence continue north 23 degrees 50 minutes 51 seconds east a distance of 123.65 feet; thence south 76 degrees 52 minutes 06 seconds was a distance of 462.98 feet to the north line of said section 16; thence continue south 76 degrees 52 minutes 06 seconds east a distance of 216.11 feet; thence south 48 degrees 20 minutes 31 seconds east a distance of 1737.34 feet; thence south 04 degrees 12 minutes 29 seconds east a distance of 450.94 feet; thence north 60 degrees 12 minutes 29 seconds west a distance of 698.75 feet; thence north 79 degrees 12 minutes 29 seconds west a distance of 393.78 feet; thence north 31 degrees 58 minutes 15 seconds west a distance of 463.90 feet; thence north 64 degrees 20 minutes 47 seconds west a distance of 474.24 feet; thence north 48 degrees 09 minutes 28 seconds west a distance of 628.10 feet to the point of beginning. Also less and except the property described in Official Records Book 561, page 358; Official Records Book 318, page 1002, 1007; Official Records Book 276, page 61; Official Records Book 595, page 196; and Official Records Book 600, page 52, all of the public records of Flagler County, Florida.

Specific Authority 190.005, 190.046 FS. Law Implemented 190.004, 190.005, 190.046 FS. History–New 4-21-05, Amended _________.

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: August 30, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 30, 2006