Notice of Proposed Rule

LAND AND WATER ADJUDICATORY COMMISSION
Fleming Island Plantation Community Development District
RULE NO: RULE TITLE
42BB-1.002: Boundary
PURPOSE AND EFFECT: The petition, filed by the Fleming Island Plantation Community Development District, requests the Commission amend the boundaries of the district. The District currently covers approximately 1,580 acres of land located in Clay County, Florida. The petition proposes to delete approximately 17 acres from the District. After contraction, the District will encompass a total of approximately 1,563 acres. A general location map is contained as Exhibit 1 to the petition depicting the existing District and the location of the parcels to be removed from the District. The Petitioner has obtained written consent to amend the boundary of the District from the owners of 100% of the real property located within the contraction parcels. The owners of land within the contraction parcels are the Clay County School Board, Centex Homes, and New Grace Church, Inc. The favorable action of the District Board of Supervisors constitutes consent for all other lands pursuant to Section 190.046(1)(e), F.S.
SUMMARY: The petition, filed by the Fleming Island Plantation Community Development District, requests the Commission amend the boundaries of the district. The District currently covers approximately 1,580 acres of land located in Clay County, Florida. The petition proposes to delete approximately 17 acres from the District. After contraction, the District will encompass a total of approximately 1,563 acres. A general location map is contained as Exhibit 1 to the petition depicting the existing District and the location of the parcels to be removed from the District. The Petitioner has obtained written consent to amend the boundary of the District from the owners of 100% of the real property located within the contraction parcels. The owners of land within the contraction parcels are the Clay County School Board, Centex Homes, and New Grace Church, Inc. The favorable action of the District Board of Supervisors constitutes consent for all other lands pursuant to Section 190.046(1)(e), F.S.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The statement of estimated regulatory costs (SERC) supports the petition to amend the boundaries of the District. The complete text of the SERC is contained as Exhibit 8 to the petition. The requirements for a SERC are found in Section 120.541(2), F.S. A SERC must contain (a) a good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a description of the types of individuals likely to be affected by the rule; (b) a good faith estimate of the costs to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or local revenues; (c) a good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule; (d) an analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S.; (e) any additional information that the agency determines may be useful; and (f) any good faith written proposal submitted under section (a) and either a statement adopting the alternative or a statement rejecting the alternative in favor of the proposed rule. Addressing section (a), the District, the State of Florida and its residents, Clay County and its residents, current property owners of lands within the boundaries of the proposed District and future property owners are the principal entities that are likely to be required to comply with the rule. Under section (b), FLWAC and the State of Florida will incur administrative costs. Clay County may incur costs resulting from the initial review and on-going costs resulting from the on-going administration of the District. There is a $15,000 filing fee paid to Clay County to offset any costs it may incur. Adoption of the proposed rule to amend the boundaries of the District will not have any negative impact on State and local revenues. Addressing section (c), the District may levy non-ad valorem special assessments on properties within its boundaries to finance infrastructure that the District funds and to defray the costs of operating and maintaining the infrastructure and associated community facilities. The District may issue notes, bonds, or other indebtedness to fund its improvement program. Prospective future land owners would be required to pay off such indebtedness over time in the form of non-ad valorem special assessments or other rates, fees or charges. The District may also impose an annual levy for the operation and maintenance of the District. Under section (d), approval of the petition to amend the boundaries of the District will have no impact or a positive impact on small businesses. The petition to amend the boundaries of the District will not have an impact on small counties as Clay County is not a small county as defined by Section 120.52, F.S. Under section (e), no written proposal, statement adopting an alternative or statement of the reasons for rejecting an alternative has been submitted.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 190.005, 190.046 FS.
LAW IMPLEMENTED: 190.004, 190.005, 190.046 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Thursday, March 12, 2009, 2:00 p.m. – 4:00 p.m.
PLACE: Room 2103, The Capitol, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least two days before the workshop/meeting by contacting: Barbara Leighty, Executive Office of the Governor, The Capitol, Room 1801, Tallahassee, Florida 32399-0001, telephone (850)487-1884. 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, The Capitol, Room 1801, Tallahassee, Florida 32399-0001, telephone (850)487-1884

THE FULL TEXT OF THE PROPOSED RULE IS:

FLEMING ISLAND PLANTATION COMMUNITY DEVELOPMENT DISTRICT

42BB-1.002 Boundary.

The boundaries of the District are as follows:

LEGAL DESCRIPTION OF FLEMING ISLAND – “WEST” PARCEL

A PART OF SECTIONS 4, 5, 6, 8, 9, 16, 17, AND ALSO A PART OF THE GEORGE FLEMING GRANT, SECTION 38, ALL LYING IN TOWNSHIP 5 SOUTH, RANGE 26 EAST, CLAY COUNTY, FLORIDA AND ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF BEGINNING COMMENCE AT THE CORNER COMMON TO SAID SECTIONS 5 AND 8 WITH SECTIONS 6 AND 7, SAID TOWNSHIP AND RANGE; THENCE SOUTH 06° 25' 27" WEST, ALONG THE LINE DIVIDING SAID SECTION 7 FROM SAID SECTION 8, A DISTANCE OF 2,029.71 FEET; THENCE NORTH 88° 34' 03" EAST A DISTANCE OF 1,519.07 FEET TO THE SOUTHWEST CORNER OF LANDS RECORDED IN THE OFFICIAL RECORDS OF SAID COUNTY IN BOOK 1285, PAGE 079; RUN THENCE THE FOLLOWING SEVEN (7) COURSES AND DISTANCES ALONG THE WEST LINE OF SAID OFFICIAL RECORDS BOOK 1285, PAGE 079; 1ST COURSE, NORTH 01° 25' 57" WEST, 1,200.00 FEET; 2ND COURSE, NORTH 67° 09' 17" EAST, 369.74 FEET; 3RD COURSE, NORTH 03° 05' 06" WEST, 100.0 FEET; 4TH COURSE, NORTH 56° 54' 54'' EAST, 100.0 FEET; 5TH COURSE, NORTH 03° 05' 06'' WEST, 150.0 FEET; 6TH COURSE, NORTH 63° 05' 06'' WEST, 100.0 FEET; 7TH COURSE, NORTH 03° 05' 06'' WEST, 200.0 FEET TO A POINT ON A CURVE; RUN THENCE IN AN EASTERLY DIRECTION ALONG THE ARC OF A CURVE IN THE NORTH LINE OF LAST MENTIONED DEED, SAID CURVE BEING CONCAVE NORTHERLY AND HAVING A RADIUS OF 1,800.0 FEET, AN ARC DISTANCE OF 438.16 FEET TO THE NORTHEAST CORNER OF SAID DEED, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 80° 14' 19'' EAST, 437.17 FEET; THENCE SOUTH 02° 43' 18'' WEST, ALONG THE EASTERLY LINE OF A 66 FOOT UNRECORDED CLAY ELECTRIC EASEMENT, A DISTANCE OF 109.88 FEET; THENCE NORTH 90° 00' 00'' EAST, A DISTANCE OF 1,133.99 FEET; THENCE SOUTH 57° 35' 21'' EAST, A DISTANCE OF 772.86 FEET; THENCE SOUTH 32° 24' 39'' WEST, A DISTANCE OF 167.39 FEET TO A POINT OF CURVATURE; RUN THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE ARC OF A CURVE, SAID CURVE BEING CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 650.00 FEET, AN ARC DISTANCE OF 192.62 FEET TO THE POINT OF TANGENCY OF SAID CURVE, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 23° 55' 16'' WEST, 191.92 FEET; THENCE SOUTH 15° 25' 53'' WEST, A DISTANCE OF 85.40 FEET TO A POINT OF CURVATURE; RUN THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE ARC OF A CURVE, SAID CURVE BEING CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 30.00 FEET, AN ARC DISTANCE OF 47.12 FEET TO THE POINT OF TANGENCY OF SAID CURVE, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 60° 25' 53'' WEST, 42.43 FEET; THENCE NORTH 74° 34' 07'' WEST, A DISTANCE OF 14.80 FEET TO A POINT OF CURVATURE; RUN THENCE IN A WESTERLY DIRECTION ALONG THE ARC OF A CURVE, SAID CURVE BEING CONCAVE SOUTHERLY AND HAVING A RADIUS OF 175.00 FEET, AN ARC DISTANCE OF 47.13 FEET TO THE POINT OF TANGENCY OF SAID CURVE, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 82° 17' 03" WEST, 46.99 FEET; THENCE SOUTH 90° 00' 00" WEST, A DISTANCE OF 1,537.64 FEET TO A POINT ON THE EAST LINE OF PREVIOUSLY MENTIONED OFFICIAL RECORDS BOOK 1285, PAGE 079; THENCE SOUTH 02° 43' 18" WEST, ALONG LAST SAID EAST DEED LINE, 1,018.40 FEET TO THE SOUTHEAST CORNER OF SAID DEED; THENCE SOUTH 88° 34' 03" WEST, ALONG THE SOUTH LINE OF SAID OFFICIAL RECORDS BOOK 1285, PAGE 079, A DISTANCE OF 139.42 FEET; THENCE SOUTH 06° 21' 04" WEST, 3,365.62 FEET; THENCE SOUTH 00° 31' 34" EAST, 1,154.82 FEET; THENCE SOUTH 38° 12' 02" EAST, 775.11 FEET; THENCE SOUTH 00° 00' 14" WEST, 828.48 FEET; THENCE SOUTH 58° 24' 54" EAST, 1,127.18 FEET; THENCE DUE SOUTH, 400.00 FEET; THENCE SOUTH 40° 48' 54" WEST, 893.07 FEET; THENCE SOUTH 05° 07' 41" EAST, 243.40 FEET; THENCE NORTH 35° 50' 56" EAST, 117.83 FEET; THENCE NORTH 43° 58' 16" EAST, 851.76 FEET; THENCE NORTH 85° 07' 48" EAST, 328.12 FEET; THENCE SOUTH 60° 31' 53" EAST, 523.89 FEET; THENCE SOUTH 21° 54' 37" WEST, 307.10 FEET; THENCE DUE SOUTH, 1,251.12 FEET; THENCE DUE WEST, 219.20 FEET; THENCE SOUTH 52° 37' 30" EAST, 3,778.12 FEET; THENCE NORTH 29° 27' 01" EAST, 392.64 FEET; THENCE NORTH 27° 02' 49" WEST, 937.20 FEET; THENCE NORTH 02° 51' 40" EAST, 414.11 FEET; THENCE NORTH 60° 07' 34" WEST, 489.56 FEET; THENCE NORTH 29° 52' 26" EAST, 522.13 FEET; THENCE SOUTH 60° 07' 34" EAST, 870.96 FEET; THENCE SOUTH 87° 08' 20" EAST, 200.00 FEET; THENCE NORTH 02° 51' 40" EAST, ALONG THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 17 STATE ROAD NO. 15 (A VARIABLE WIDTH RIGHT-OF-WAY), 651.23 FEET; THENCE NORTH 60° 31' 53" WEST, ALONG THE SOUTHWESTERLY LINE OF FLEMING ISLAND ESTATES AS RECORDED IN PLAT BOOK 4, PAGE 63 OF THE PUBLIC RECORDS OF SAID COUNTY, A DISTANCE OF 2,718.29 FEET; THENCE NORTH 46° 57' 35" EAST, ALONG THE NORTHWESTERLY LINE OF SAID FLEMING ISLAND ESTATES AND ITS NORTHEASTERLY PROLONGATION, THE SAME BEING THE NORTHWESTERLY LINE OF THE AFOREMENTIONED GEORGE FLEMING GRANT, SECTION 38, A DISTANCE OF 2,191.22 FEET; THENCE SOUTH 89° 10' 36" WEST, ALONG THE SOUTHERLY LINE OF THOSE LANDS AS DESCRIBED IN DEED BOOK “H”, PAGE 242 AND DEED BOOK 38, PAGE 44, BOTH OF SAID PUBLIC RECORDS, A DISTANCE OF 701.41 FEET; THENCE NORTH 00° 48' 52" WEST, ALONG THE WESTERLY LINE OF SAID LANDS, A DISTANCE OF 795.34 FEET; THENCE NORTH 89° 07' 16" EAST, ALONG THE NORTHERLY LINE OF SAID LANDS AND ALONG THE NORTHERLY LINE OF DEED BOOK 99, PAGE 268 OF SAID PUBLIC RECORDS, A DISTANCE OF 1,579.58 FEET TO ITS INTERSECTION WITH SAID NORTHWESTERLY LINE OF THE GEORGE FLEMING GRANT, SECTION 8; THENCE NORTH 46° 57' 35" EAST, ALONG SAID NORTHWESTERLY LINE, A DISTANCE OF 115.13 FEET TO ITS INTERSECTION WITH THE AFOREMENTIONED WESTERLY RIGHTOFWAY LINE OF U.S. HIGHWAY NO. 17 – STATE ROAD NO. 15; THENCE NORTH 02° 51' 23" EAST, ALONG SAID WESTERLY RIGHTOFWAY LINE, 8,066.26 FEET; THENCE SOUTH 89° 33' 25" WEST, ALONG THE SOUTHERLY LINE OF OFFICIAL RECORDS VOLUME 122, PAGE 625 (PARCEL NO. 1) OF SAID PUBLIC RECORDS, A DISTANCE OF 823.19 FEET; THENCE SOUTH 01° 01' 47" EAST, A DISTANCE OF 541.27 FEET; THENCE SOUTH 25° 45' 22" WEST, A DISTANCE OF 550.74 FEET; THENCE SOUTH 40° 26' 26" WEST, A DISTANCE OF 184.87 FEET; THENCE SOUTH 10° 59' 12" WEST, A DISTANCE OF 385.85 FEET; THENCE SOUTH 49° 53' 10" WEST, A DISTANCE OF 227.28 FEET TO A POINT ON A CURVE; RUN THENCE IN A NORTHWESTERLY DIRECTION ALONG THE ARC OF A CURVE, SAID CURVE BEING CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1,000.00 FEET, AN ARC DISTANCE OF 391.74 FEET TO A POINT OF REVERSE CURVE, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 51° 20' 11" WEST, 389.24 FEET; RUN THENCE IN A NORTHWESTERLY DIRECTION ALONG THE ARC OF A CURVE, SAID CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1,950.00 FEET, AN ARC DISTANCE OF 799.31 FEET TO THE POINT OF TANGENCY OF SAID CURVE, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 50 48' 57" WEST, 793.72 FEET; THENCE NORTH 39° 04' 23" WEST, A DISTANCE OF 412.83 FEET TO A POINT OF CURVATURE; RUN THENCE IN A NORTHERLY DIRECTION ALONG THE ARC OF A CURVE, SAID CURVE BEING CONCAVE EASTERLY AND HAVING A RADIUS OF 30.00 FEET TO THE POINT OF TANGENCY OF SAID CURVE, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 05° 55' 36" EAST, 42.43 FEET; THENCE NORTH 50° 55' 37" EAST, A DISTANCE OF 170.00 FEET TO A POINT OF CURVATURE; RUN THENCE IN A NORTHEASTERLY DIRECTION ALONG THE ARC OF A CURVE, SAID CURVE BEING CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 500.00 FEET, AN ARC DISTANCE OF 577.46 FEET TO A POINT OF REVERSE CURVE, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 17° 50' 27" EAST, 545.90 FEET; RUN THENCE IN A NORTHEASTERLY DIRECTION ALONG THE ARC OF A CURVE, SAID CURVE BEING CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 450.00 FEET, AN ARC DISTANCE OF 660.72 FEET TO THE POINT OF TANGENCY OF SAID CURVE, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 26° 49' 04" EAST, 602.95 FEET; THENCE NORTH 68° 52' 51" EAST, A DISTANCE OF 200.56 FEET TO A POINT OF CURVATURE; RUN THENCE IN A NORTHEASTERLY DIRECTION ALONG THE ARC OF A CURVE, SAID CURVE BEING CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 375.00 FEET, AN ARC DISTANCE OF 217.32 FEET TO A POINT, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 52° 16' 44" EAST, 214.29 FEET; THENCE NORTH 89° 33' 25" EAST, 134.43 FEET TO THE SOUTHWEST CORNER OF LANDS DESCRIBED IN THE OFFICIAL RECORDS OF SAID COUNTY IN OFFICIAL RECORDS BOOK 43, PAGE 300, TRACT NO. 100; THENCE NORTH 00° 26' 35" WEST, ALONG THE WEST LINE OF SAID OFFICIAL RECORDS BOOK 43, PAGE 300, TRACT NO. 100, A DISTANCE OF 400300.00 FEET; THENCE SOUTH NORTH 89° 33' 25" WEST, 562.77 EAST, ALONG THE NORTHERLY LINE OF LAST MENTIONED LANDS AND ALONG THE NORTHERLY LINE OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS VOLUME 122, PAGE 625 OF SAID PUBLIC RECORDS, A DISTANCE OF 1,588.98 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 17 STATE ROAD NO. 15; THENCE NORTH 02° 51’ 23” EAST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 100.17 FEET; THENCE SOUTH 89° 33’ 25” WEST, 2,147.52 FEET; THENCE SOUTH 89° 28' 17" WEST, 1,887.61 1,935.17 FEET; THENCE SOUTH 00° 31' 43" EAST, 260.50 FEET; THENCE NORTH 89º 28' 17" EAST, 233.91 FEET; THENCE SOUTH 00º 31' 43" EAST, 308.38 721.32 FEET; THENCE NORTH 61° 01' 58" EAST, 170.00 490.10 FEET; THENCE SOUTH 43° 54' 14" EAST, 496.66 FEET; THENCE SOUTH 50° 55' 37" WEST, 1,885.75 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF OLD HARD ROAD (A VARIABLE WIDTH RIGHT OF WAY); THENCE NORTH 57° 35' 21" WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE OF OLD HARD ROAD, 710.85 FEET; TO A POINT OF CURVATURE; RUN 654.06 THENCE IN A NORTHWESTERLY DIRECTION ALONG THE ARC OF A CURVE IN SAID EASTERLY RIGHT OF WAY LINE, SAID CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 260.00 FEET, AN ARC DISTANCE OF 174.99 FEET TO THE POINT OF TANGENCY OF SAID CURVE, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 38º 18' 30" WEST, 171.70 60° 51' 43" EAST, 56.79 FEET; THENCE NORTH 19° 01' 41" WEST, 1,730.58 CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE, 430.06 FEET; THENCE SOUTH 89° 28’ 17” WEST, 163.45 FEET; THENCE SOUTH 19° 01’ 41” EAST, 1,153.59 FEET; THENCE SOUTH 89° 02' 15" WEST, 76.79 69.42 FEET; RUN THENCE THE FOLLOWING THREE (3) COURSES AND DISTANCES ALONG THE EAST, SOUTH AND WEST LINES OF OFFICIAL RECORDS BOOK 1482, PAGE 0112: 0012: 1ST COURSE, SOUTH 19° 01' 41" EAST, 425.0 FEET; 2ND COURSE, SOUTH 89° 02' 15" WEST, 350.0 FEET; 3RD COURSE, NORTH 19° 01' 41" WEST, 425.00 FEET; THENCE SOUTH 89° 02' 15" WEST, 1,535.63 FEET; THENCE SOUTH 04° 09' 45" WEST, ALONG THE LINE DIVIDING AFOREMENTIONED SECTION 5 FROM AFOREMENTIONED SECTION 6, A DISTANCE OF 990.44 FEET; THENCE SOUTH 89° 17' 23" WEST, ALONG THE NORTHERLY LINE OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS VOLUME 585, PAGE 506 OF SAID CURRENT PUBLIC RECORDS, A DISTANCE OF 3,296.55 FEET; THENCE SOUTH 63° 37' 27" WEST, ALONG THE NORTHWESTERLY LINE OF SAID LANDS, THE SAME BEING THE SOUTHEASTERLY LINE OF THE E.A.. FERGUSON GRANT AND THE NORTHWESTERLY LINE OF AFOREMENTIONED SECTION 6, A DISTANCE OF 230.88 FEET; THENCE NORTH 89° 17' 23" EAST, ALONG THE SOUTHERLY LINE OF SAID LANDS AS DESCRIBED IN OFFICIAL RECORDS VOLUME 585, PAGE 506, A DISTANCE OF 3,496.12 FEET TO THE AFOREMENTIONED LINE DIVIDING SECTION 5 FROM SECTION 6; THENCE SOUTH 04°09' 45" WEST, ALONG SAID DIVIDING LINE A DISTANCE OF 22.71 FEET TO THE POINT OF BEGINNING.

THE ABOVE DESCRIBED LANDS CONTAIN 1,469452 ACRES OR LESS.

ALSO, LEGAL DESCRIPTION OF FLEMING ISLAND – “EAST” PARCEL

CONTAINING 111 ACRES, MORE OR LESS.A PART OF THE GEORGE FLEMING GRANT, SECTION 38, TOWNSHIP 5 SOUTH, RANGE 26 EAST, CLAY COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF BEGINNING COMMENCE AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF FLEMING ISLAND ESTATES AS RECORDED IN PLAT BOOK 4, PAGE 61 OF THE PUBLIC RECORDS OF SAID COUNTY WITH THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 17 STATE ROAD NO. 15 AS NOW ESTABLISHED BY THE STATE OF FLORIDA, STATE ROAD DEPARTMENT, RIGHT-OF-WAY SECTION NO. 71020 2508 RIGHT-OF-WAY MAP; THENCE SOUTH 60° 31' 53" EAST, ALONG SAID SOUTHWESTERLY LINE OF FLEMING ISLAND ESTATES, A DISTANCE OF 2,342.36 FEET; THENCE SOUTH 29° 28' 07" WEST, ALONG THE NORTHWESTERLY LINE OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 208, PAGE 701, A DISTANCE OF 100.00 FEET TO REFERENCE POINT “A”; THENCE FROM THE AFOREMENTIONED POINT OF BEGINNING OF SAID PARCEL BEING DESCRIBED RUN SOUTH 02° 51' 40" WEST, ALONG THE AFOREMENTIONED EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 17 STATE ROAD NO. 15, A DISTANCE OF 1,134.95 FEET TO AN ANGLE POINT IN SAID EASTERLY RIGHT-OF-WAY LINE; THENCE SOUTH 02° 54' 42" WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 986.87 FEET; THENCE SOUTH 87° 05' 18" EAST, ALONG THE NORTHERLY LINE OF THOSE LANDS AS DESCRIBED IN DEED BOOK 69, PAGE 35 OF SAID PUBLIC RECORDS, A DISTANCE OF 165.00 FEET; THENCE SOUTH 02° 54' 42'' WEST, ALONG THE EASTERLY LINE OF SAID LANDS, A DISTANCE OF 200.00 FEET; THENCE NORTH 87° 05' 18'' WEST, ALONG THE SOUTHERLY LINE OF SAID LANDS, A DISTANCE OF 165.00 FEET TO THE AFOREMENTIONED EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 17 STATE ROAD NO. 15; THENCE SOUTH 02° 54' 42'' WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 278.27 FEET TO A POINT OF CURVE OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 23,125.73 FEET; THENCE SOUTHERLY, ALONG AND WITH THE ARC OF SAID CURVE AND ALONG SAID EASTERLY RIGHTOFWAY LINE, A CHORD BEARING OF SOUTH 04° 09' 37'' WEST AND A CHORD DISTANCE OF 1,007.86 FEET TO A POINT OF REVERSE CURVE, SAID CURVE BEING CONCAVE EASTERLY HAVING A RADIUS OF 22,996.74 FEET; THENCE SOUTHERLY, ALONG AND WITH THE ARC OF SAID CURVE AND ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A CHORD BEARING OF SOUTH 04° 57' 41'' WEST AND A CHORD DISTANCE OF 359.01 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 02° 54' 42'' WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 293.16 FEET; THENCE SOUTH 87° 05' 18'' EAST, ALONG THE NORTHERLY LINE OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PARK, A DISTANCE OF 272 FEET, MORE OR LESS TO ITS INTERSECTION WITH THE APPROXIMATE MEAN HIGH WATER LINE OF THE ST. JOHNS RIVER; THENCE NORTHEASTERLY ALONG AND WITH SAID APPROXIMATE MEAN HIGH WATER LINE, A DISTANCE OF 3,800 FEET, MORE OR LESS TO ITS INTERSECTION WITH A LINE WHICH BEARS SOUTH 60° 31' 53'' EAST FROM AFOREMENTIONED REFERENCE POINT “A”; THENCE NORTH 60° 31' 53'' WEST, ALONG THE SOUTHWESTERLY LINE OF THOSE AFOREMENTIONED LANDS AS RECORDED IN OFFICIAL RECORDS BOOK 208, PAGE 701, A DISTANCE OF 70 FEET, MORE OR LESS TO THE NORTHEASTERLY CORNER OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 1196, PAGE 394 OF SAID CURRENT PUBLIC RECORDS, SAID CORNER LYING SOUTH 60° 31' 53'' EAST, A DISTANCE OF 190.00 FEET FROM REFERENCE POINT “A”; THENCE SOUTH 29° 28' 07'' WEST, ALONG THE SOUTHEASTERLY LINE OF SAID LANDS, A DISTANCE OF 20.00 FEET; THENCE NORTH 60° 31' 53'' WEST, ALONG THE SOUTHWESTERLY LINE OF LANDS, A DISTANCE OF 90.00 FEET; THENCE NORTH 29° 28' 07'' EAST, ALONG THE NORTHWESTERLY LINE OF SAID LANDS, A DISTANCE OF 20.00 FEET; THENCE NORTH 60° 31' 53'' WEST, ALONG THE AFOREMENTIONED SOUTHWESTERLY LINE OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 208, PAGE 701, A DISTANCE OF 100.00 FEET TO REFERENCE POINT “A”; THENCE NORTH 29° 28' 07'' EAST, ALONG THE AFOREMENTIONED NORTHWESTERLY LINE OF THOSE LANDS, A DISTANCE OF 100.00 FEET; THENCE NORTH 60° 31 53'' WEST, ALONG THE AFOREMENTIONED SOUTHWESTERLY LINE OF FLEMING ISLAND ESTATES, A DISTANCE OF 2,342.36 FEET TO THE POINT OF BEGINNING.

Specific Authority 190.005, 190.046 FS. Law Implemented 190.004, 190.005, 190.046 FS. History–New 2-28-00, Amended________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Lisa Saliba
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet sitting as the Florida Land and Water Adjudicatory Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 27, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 21, 2008