Notice of Proposed Rule

LAND AND WATER ADJUDICATORY COMMISSION
Poinciana Community Development District
RULE NO: RULE TITLE
42AA-1.002: Boundary
PURPOSE AND EFFECT: The Petition, as supplemented, proposes to modify the land area presently serviced by the District by amending its boundary to add approximately 212.65 acres. The District currently covers approximately 3,028 acres of land located entirely within Polk County, Florida. There are no lands within the expansion parcel that are to be excluded from the District. Petitioner has written consent to amend the boundary of the District from the owners of one hundred percent of the real property comprising the expansion parcel. Pursuant to Section 190.046(1)(e), F.S., the filing of the Petition, as supplemented, for expansion by the District Board of Supervisors constitutes consent of the landowners. The proposed 212.65 acre expansion area will include single family residential units that will be added to the overall development schedule.
SUMMARY: The Petition, as supplemented, proposes to modify the land area presently serviced by the District by amending its boundary to add approximately 212.65 acres. The District currently covers approximately 3,028 acres of land located entirely within Polk County, Florida. There are no lands within the expansion parcel that are to be excluded from the District. Petitioner has written consent to amend the boundary of the District from the owners of one hundred percent of the real property comprising the expansion parcel. Pursuant to Section 190.046(1)(e), F.S., the filing of the Petition, as supplemented, for expansion by the District Board of Supervisors constitutes consent of the landowners. The proposed 212.65 acre expansion area will include single family residential units that will be added to the overall development schedule.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: In association with the Petition, as supplemented, the Petitioner has caused a Statement of Estimated Regulatory Costs (“SERC”) to be prepared in compliance with Section 120.541, F.S. By way of summary, the SERC estimates the principal individuals and entities likely to be required to comply with the amended rule are the single family residential households that locate within the proposed expansion area. The SERC estimates that rule amendment implementation and enforcement costs to the Commission and state agencies will be modest. The costs to Polk and Osceola Counties are modest and will be offset by the payment of requisite filing and annual fees. The SERC 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 on small businesses. As to impact on small counties, neither Polk nor Osceola Counties are “small” counties 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.
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:
DATE AND TIME: Wednesday, April 9, 2008, 10:00 a.m.
PLACE: Room 2107, 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, Florida Land and Water Adjudicatory Commission, Office of the Governor, The Capitol, Room 1801, Tallahassee, Florida 32399-0001. 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, Florida Land and Water Adjudicatory Commission, Office of the Governor, The Capitol, Room 1801, Tallahassee, Florida 32399-0001

THE FULL TEXT OF THE PROPOSED RULE IS:

42AA-1.002 Boundary.

The boundaries of the district are as follows:

PARCEL A

PERIMETER DESCRIPTION

LEGAL DESCRIPTION

A PORTION OF SECTIONS 13, 14, 15, 22, 23, 24, 25, 26, 35 AND 36, IN TOWNSHIP 27 SOUTH, RANGE 28 EAST, POLK COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT A POINT LOCATED AT THE NORTHWEST CORNER OF POINCIANA NEIGHBORHOOD 1 EAST, VILLAGE 4, IN TOWNSHIP 27 SOUTH, RANGE 28 EAST, AS RECORDED IN PLAT BOOK 56, PAGE 25, OF THE PUBLIC RECORDS OF POLK COUNTY, FLORIDA, THENCE RUN S04°40'45''E FOR A DISTANCE OF 301.04 FEET TO THE POINT OF BEGINNING. SAID POINT OF BEGINNING BEING LOCATED ON THE SOUTHERLY SIDELINE OF CYPRESS PARKWAY AND THE EASTERLY SIDELINE OF RHODODENDRON AVENUE; THENCE RUN S89°54'30''E FOR A DISTANCE OF 2930.85 FEET; THENCE RUN S89°46'58''E FOR A DISTANCE OF 5321.93 FEET; THENCE RUN S89°58'45''E FOR A DISTANCE OF 886.32 FEET; THENCE RUN EASTERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE NORTH HAVING A RADIUS OF 2059.86 FEET, THROUGH A CENTRAL ANGLE OF 19°04'49'' A DISTANCE OF 685.96 FEET; THENCE RUN EASTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 93°12'37'' A DISTANCE OF 40.67 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 3139.52 FEET, THROUGH A CENTRAL ANGLE OF 20°42'36'' A DISTANCE OF 1134.80 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE WEST HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90°58'35'' A DISTANCE OF 39.70 FEET; THENCE RUN N84o09'21''W FOR A DISTANCE OF 396.38 FEET; THENCE RUN WESTERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE SOUTH HAVING A RADIUS OF 650.53 FEET, THROUGH A CENTRAL ANGLE OF 23°40'59'' A DISTANCE OF 268.90 FEET; THENCE RUN WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 540.00 FEET, THROUGH A CENTRAL ANGLE OF 67°17'36'' A DISTANCE OF 634.23 FEET; THENCE RUN S04°52'04''W FOR A DISTANCE OF 1734.81 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE WEST HAVING A RADIUS OF 560.00 FEET, THROUGH A CENTRAL ANGLE OF 28°42'35'' A DISTANCE OF 280.60 FEET; THENCE RUN S33°34'39''W FOR A DISTANCE OF 472.17 FEET; THENCE RUN S56°25'21''E FOR A DISTANCE OF 1140.00 FEET; THENCE RUN EASTERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE SOUTH HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90°00'00'' A DISTANCE OF 39.27 FEET; THENCE RUN S33°34'39''W FOR A DISTANCE OF 258.00 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE EAST HAVING A RADIUS OF 1825.00 FEET, THROUGH A CENTRAL ANGLE OF 35°13'56'' A DISTANCE OF 1122.23 FEET; THENCE RUN S01°39'17''E FOR A DISTANCE OF 1818.87 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE WEST HAVING A RADIUS OF 1125.00 FEET; THROUGH A CENTRAL ANGLE OF 37°45'34'' A DISTANCE OF 741.41 FEET; THENCE RUN S36°06'17''W FOR A DISTANCE OF 469.92 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE EAST HAVING A RADIUS OF 1525.00 FEET, THROUGH A CENTRAL ANGLE OF 46°06'17'' A DISTANCE OF 1227.14 FEET; THENCE RUN S10°00'00''E FOR A DISTANCE OF 403.95 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 3350.00 FEET, THROUGH A CENTRAL ANGLE OF 10°00'00'' A DISTANCE OF 584.69 FEET; THENCE RUN S00°00'00''E FOR A DISTANCE OF 1200.84 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE EAST HAVING A RADIUS OF 2075.00 FEET, THROUGH A CENTRAL ANGLE OF 20°19'55'' A DISTANCE OF 736.33 FEET; THENCE RUN S20°19'55''E FOR A DISTANCE OF 443.56 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE WEST HAVING A RADIUS OF 1925.00 FEET, THROUGH A CENTRAL ANGLE OF 26°36'00'' A DISTANCE OF 893.70 FEET; THENCE RUN S06°16'05''W FOR A DISTANCE OF 520.38 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE WEST HAVING A RADIUS OF 6225.00 FEET, THROUGH A CENTRAL ANGLE OF 09°04'15'' A DISTANCE OF 985.52 FEET; THENCE RUN S15°20'20''W FOR A DISTANCE OF 1617.02 FEET; THENCE RUN N74°39'40''W FOR A DISTANCE OF 269.91 FEET; THENCE RUN WESTERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE SOUTH HAVING A RADIUS OF 1575.00 FEET, THROUGH A CENTRAL ANGLE OF 15°20'20'' A DISTANCE OF 421.65 FEET; THENCE RUN N90°00'00"W FOR A DISTANCE OF 1819.67 FEET; THENCE RUN WESTERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE NORTH HAVING A RADIUS OF 2950.00 FEET, THROUGH A CENTRAL ANGLE OF 52°36'25" A DISTANCE OF 2708.59 FEET; THENCE RUN N37°23'35"W FOR A DISTANCE OF 502.05 FEET; THENCE RUN NORTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE WEST HAVING A RADIUS OF 2300.00 FEET, THROUGH A CENTRAL ANGLE OF 11°48'13" A DISTANCE OF 473.83 FEET; THENCE RUN N49°11'48"W FOR A DISTANCE OF 833.92 FEET; THENCE RUN WESTERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE NORTH HAVING A RADIUS OF 1875.00 FEET, THROUGH A CENTRAL ANGLE OF 30°30'00" A DISTANCE OF 998.11 FEET; THENCE RUN N18°41'48"W FOR A DISTANCE OF 940.00 FEET; THENCE RUN NORTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE WEST HAVING A RADIUS OF 1925.00 FEET, THROUGH A CENTRAL ANGLE OF 22°30'00" A DISTANCE OF 755.95 FEET; THENCE RUN N41°11'48"W FOR A DISTANCE OF 1295.00 FEET; THENCE RUN N48°48'12"E FOR A DISTANCE OF 475.00 FEET; THENCE RUN EASTERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE NORTH HAVING A RADIUS OF 1325.00 FEET, THROUGH A CENTRAL ANGLE OF 40°00'00" A DISTANCE OF 925.03 FEET; THENCE RUN N08°48'12"E FOR A DISTANCE OF 3153.37 FEET; THENCE RUN NORTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE EAST HAVING A RADIUS OF 1825.00 FEET, THROUGH A CENTRAL ANGLE OF 24°02'18" A DISTANCE OF 765.68 FEET; THENCE RUN N32°50'30"E FOR A DISTANCE OF 855.99 FEET; THENCE RUN NORTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE WEST HAVING A RADIUS OF 1450.00 FEET, THROUGH A CENTRAL ANGLE OF 65°00'00" A DISTANCE OF 1644.97 FEET; THENCE RUN N32°09'30"W FOR A DISTANCE OF 749.99 FEET; THENCE RUN NORTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE EAST HAVING A RADIUS OF 1300.00 FEET, THROUGH A CENTRAL ANGLE OF 16°30'00" A DISTANCE OF 374.37 FEET; THENCE RUN N15°39'30"W FOR A DISTANCE OF 740.00 FEET; THENCE RUN NORTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE WEST HAVING A RADIUS OF 1975.00 FEET, THROUGH A CENTRAL ANGLE OF 24°00'00" A DISTANCE OF 827.29 FEET; THENCE RUN N39°39'30"W FOR A DISTANCE OF 765.00 FEET; THENCE RUN NORTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE EAST HAVING A RADIUS OF 1225.00 FEET, THROUGH A CENTRAL ANGLE OF 39°45'00" A DISTANCE OF 849.87 FEET; THENCE RUN N00°05'30"E FOR A DISTANCE OF 229.96 FEET; THENCE RUN NORTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE EAST HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90°00'00" A DISTANCE OF 39.27 FEET TO THE POINT OF BEGINNING. CONTAINING 2875.650 ACRES MORE OR LESS.

ALSO INCLUDING:

PARCEL C

PERIMETER DESCRIPTION

LEGAL DESCRIPTION

A PORTION OF SECTIONS 13, 24, AND 25, IN TOWNSHIP 27 SOUTH, RANGE 28 EAST, POLK COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGIN AT THE NORTHWEST CORNER OF POINCIANA NEIGHBORHOOD 3, VILLAGE 3, IN TOWNSHIP 27 SOUTH, RANGE 28 EAST, AS RECORDED IN PLAT BOOK 52, PAGE 19, OF THE PUBLIC RECORDS OF POLK COUNTY, FLORIDA. SAID POINT BEING ON THE SOUTHERLY SIDELINE OF WALNUT STREET AND THE EASTERLY SIDELINE OF MARIGOLD AVENUE. THENCE RUN FROM A TANGENT BEARING OF S56°25'21"E RUN EASTERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE NORTH HAVING A RADIUS OF 2392.77 FEET, THROUGH A CENTRAL ANGLE OF 34°37'51" A DISTANCE OF 1446.24 FEET; THENCE RUN N88°56'48"E FOR A DISTANCE OF 97.67 FEET; THENCE RUN S04°03'28"W FOR A DISTANCE OF 330.04 FEET; THENCE RUN S54°03'28"W FOR A DISTANCE OF 153.75 FEET; THENCE RUN S61°47'51"W FOR A DISTANCE OF 211.04 FEET; THENCE RUN S08°01'02"E FOR A DISTANCE OF 40.95 FEET; THENCE RUN S47°33'48"E FOR A DISTANCE OF 170.24 FEET; THENCE RUN S05°05'14"W FOR A DISTANCE OF 170.69 FEET; THENCE RUN S08°32'10"W FOR A DISTANCE OF 224.90 FEET; THENCE RUN S01°40'55"W FOR A DISTANCE OF 227.80 FEET; THENCE RUN S05°05'14"W FOR A DISTANCE OF 1230.28 FEET; THENCE RUN S18°34'59"W FOR A DISTANCE OF 582.94 FEET; THENCE RUN S37°56'48''W FOR A DISTANCE OF 336.99 FEET; THENCE RUN S00°06'26''W FOR A DISTANCE OF 170.14 FEET; THENCE RUN S38°18'16''W FOR A DISTANCE OF 323.43 FEET; THENCE RUN S49°40'20''W FOR A DISTANCE OF 257.88 FEET; THENCE RUN S56°44'06''W FOR A DISTANCE OF 156.10 FEET; THENCE RUN S7°17'59''W FOR A DISTANCE OF 146.98 FEET; THENCE RUN S46°42'14''W FOR A DISTANCE OF 268.65 FEET; THENCE RUN S61°53'00''W FOR A DISTANCE OF 158.15 FEET; THENCE RUN N78°20'54''W FOR A DISTANCE OF 169.83 FEET; THENCE RUN N53°53'43''W FOR A DISTANCE OF 180.00 FEET; THENCE RUN S36°06'17''W FOR A DISTANCE OF 70.00 FEET; THENCE RUN S52°45'05''W FOR A DISTANCE OF 157.04 FEET; THENCE RUN N81°15'40''W FOR A DISTANCE OF 148.46 FEET; THENCE RUN N77°03'48''W FOR A DISTANCE OF 59.12 FEET; THENCE RUN S12°56'12''W FOR A DISTANCE OF 80.00 FEET; THENCE RUN N77°03'48''W FOR A DISTANCE OF 166.57 FEET; THENCE RUN FROM A TANGENT BEARING OF N10°00'00''W RUN NORTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE EAST HAVING A RADIUS OF 1375.00 FEET, THROUGH A CENTRAL ANGLE OF 24°50'04'' A DISTANCE OF 595.98 FEET; THENCE RUN N36°06'17''E FOR A DISTANCE OF 469.92 FEET; THENCE RUN NORTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE WEST HAVING A RADIUS OF 1275.00 FEET, THROUGH A CENTRAL ANGLE OF 37°45'33'' A DISTANCE OF 840.25 FEET; THENCE RUN N01°39'17''W FOR A DISTANCE OF 1818.87 FEET; THENCE RUN NORTHERLY ALONG THE ARC OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1675.00 FEET, THROUGH A CENTRAL ANGLE OF 35°13'55'' A DISTANCE OF 1029.98 FEET; THENCE RUN N33°34'39''E FOR A DISTANCE OF 258.09 FEET; THENCE RUN NORTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE EAST HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90°00'00'' A DISTANCE OF 39.27 FEET TO THE POINT OF BEGINNING. CONTAINING 154.728 ACRES MORE OR LESS.

LESS AND EXCEPT:

LOT 1, BLOCK 302, “POINCIANA NEIGHBORHOOD 6 NORTH VILLAGE 3'', ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 52, PAGES 42 THROUGH 49 OF THE PUBLIC RECORDS OF POLK COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 27 SOUTH, RANGE 28 EAST, POLK COUNTY, FLORIDA, RUN NORTH 89°56'36'' EAST ALONG THE NORTH LINE OF SAID SECTION 35 A DISTANCE OF 644.07 FEET; THENCE DEPARTING SAID NORTH LINE, SOUTH 00°03'25'' EAST A DISTANCE OF 102.49 FEET TO THE NORTHERLYMOST CORNER OF SAID LOT 1 AND THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG THE EASTERLY LINE OF SAID LOT 1, BEING A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2519.00 FEET, A CENTRAL ANGLE OF 01°55'54'' AND A CHORD OF 84.92 FEET THAT BEARS SOUTH 41°32'37'' EAST; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 84.96 FEET; THENCE SOUTH 46°34'51'' WEST, A DISTANCE OF 74.50 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 91°26'07'' AND A CHORD OF 35.80 FEET THAT BEARS NORTH 8°42'05'' WEST, SAID POINT BEING HEREAFTER REFERRED TO AS POINT “A”; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 39.90 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2619.00 FEET, A CENTRAL ANGLE OF 01°24'21'' AND A CHORD OF 64.25 FEET THAT BEARS NORTH 41°16'50'' WEST, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 64.28 FEET; THENCE NORTH 49°25'20'' EAST A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. (CONTAINING 0.20 ACRES, MORE OR LESS.)

ALSO LESS AND EXCEPT:

AN APPROXIMATE 2 1/2 ACRE PARCEL LOCATED IN TRACT C, NEIGHBORHOOD 1-E VILLAGE 4, AS RECORDED IN PLAT BOOK 56, PAGE 31, BEING IN SECTION 14, TOWNSHIP 27 SOUTH, RANGE 28 EAST, POLK COUNTY, FLORIDA.

TOGETHER WITH:

Description:  Solivita – Phase VIA(Recorded in Plat Book 131, Pages 30-35 of the Public Records  of Polk County, Florida).

All of Blocks 14, 15, 16 and 17; portions of Blocks 18, 19, 20, 21, 22, 23, 24, 25 and 26; all of Tracts K-1, K-2, K-3, K-4, K-6, K-7, K-8 and K-9, a portion of Tract K-5; all of the public right-of-way for Rough Lane; portions of the public right-of-ways for, Score Drive, Long Court and Spike Drive; a portion of Greenway 1 as shown on Page 34; a portion of Greenways 1, 2 and 3 as shown on Page 35; a portion of Greenways 1 and 2 as shown on Page 36; a portion of Greenways 2 and 3 as shown on Page 37 and a portion of Greenway 1 as shown on Page 38, the above as shown on Replat of a Portion of Poinciana Neighborhood 1, Village 3, as recorded in Plat Book 58, Pages 31 through 38, Public Records of Polk County, Florida, (Please note that the portions of the Replat of a Portion of Poinciana Neighborhood 1, Village 3 plat described above were vacated by the Polk County Board of County Commissioners at their July 13, 2005 meeting) being more particularly described as follows:

Commence at the Northwest corner of Section 13, Township 27 South, Range 28 East, Polk County, Florida; thence S 89°57'44" E along the North line of said Section 13 a distance of 2472.78 feet to the Point of Beginning, said point being the Northeast corner of Golf Villas II at Poinciana, as recorded in Plat Book 72, Pages 16 through 18, Public Records of Polk County, Florida; thence continue S 89°57'44" E along said North line a distance of 2369.24 feet to the most Northerly corner of Lot 8, Block 59, of said Replat of a Portion of Poinciana Neighborhood 1, Village 3; thence along the Westerly line of said Block 59 the following courses and distances : S 14°41'52" W a distance of 355.07 feet; thence S 19°01'09" E a distance of 256.27 feet to the Most Southerly corner of Lot 12 of said Block 59, said point being on a Northwesterly projection of the Southerly line of Block 55 as shown on said Plat; thence S 56°39'52" E along the Southerly line of said Block 55 a distance of 209.11 feet to the Southeast corner of Lot 5 of said Block 55, said point being on the Westerly line of Greenway 3 as shown on said Plat; thence S 58°57'28" W along the Westerly line of said Greenway 3 a distance of 78.56 feet to the Northeast corner of Lot 7, Block 54 as shown on said Plat; thence S 85°52'35" W along the Northerly line of said Block 54 a distance of 251.43 feet to a point on the Westerly line of said Block 54; thence along the Westerly line of said Block 54 the following courses and distances: S 53°27'40" W a distance of 129.38 feet; thence S 33°12'14" W a distance of 129.39 feet; thence S 10°10'36" W a distance of 150.32 feet to the Southwest corner of Lot 11 of said Block 54; thence S 06°23'29" E along the West line of Greenway 4 as shown on said Plat a distance of 59.99 feet to the Northwest corner of Lot 7, Block 52 as shown on said Plat; thence along the Westerly line of said Block 52 the following courses and distances: S 22°29'49" E a distance of 144.98 feet; thence S 31°54'09" E a distance of 138.60 feet to a point on the Southerly line of said Block 52; thence S 78°11'28" E along the Southerly line of said Block 52 a distance of 228.53 feet to the Southwest corner of Lot 3 of said Block 52; thence S 09°21'52" E along the West line of Greenway 5 as shown on said Plat a distance of 107.64 feet to the Northwest corner of Lot 2, Block 51 as shown on said Plat; thence along the Westerly line of said Block 51 the following courses and distances : S 39°07'24" W a distance of 267.65 feet; thence S 00°32'13" W a distance of 252.09 feet; thence S 31°54'27" E a distance of 135.03 feet to the most Westerly corner of Lot 8 of said Block 51; thence S 04°54'55" W along the West line of Greenway 4 lying South of said Lot 8, Block 51 and North of Lot 6, Block 47 as shown on said Plat, a distance of 64.55 feet to the Northwest corner of said Lot 6, Block 47; thence along the Northerly line of said Block 47 the following courses and distance : N 81°26'08" W a distance of 127.07 feet; thence S 69°09'12" W a distance of 129.16 feet to a point on the Westerly line of said Block 47; thence along the Westerly line of said Block 47 the following courses and distances : S 46°18'56" W a distance of 128.96 feet; thence S 23°22'07" W a distance of 129.08 feet; thence S 08°30'30" E a distance of 163.06 feet to the most Southerly corner of Lot 11 of said Block 47; thence S 26°23'05" E along the West line of Greenway 3 lying South of said Lot 11, Block 47 and North of Lot 11, Block 40 as shown on said Plat and along the Westerly line of said Block 40 a distance of 422.01 feet to the most Westerly corner of Lot 7 of said Block 40; thence S 41°02'16" E along the Southwesterly line of said Lot 7, Block 40 a distance of 120.64 feet to a point on the Southerly line of said Block 40; thence along the Southerly line of said Block 40 the following courses and distance : S 61°20'51" E a distance of 121.61 feet; thence S 76°39'46" E a distance of 121.62 feet; thence N 88°15'31" E a distance of 121.64 feet; thence N 77°08'44" E a distance of 91.93 feet; thence N 83°49'57" E a distance of 178.53 feet to a point on the Westerly right-of-way line of Country Club Road as shown on said Plat, said point being on the arc of a non tangent curve, concave Westerly, having a central angle of 06°44'44" and a radius of 4010.00 feet; thence Southerly along the arc of said curve and along said Westerly right-of-way line a distance of 472.10 feet to the Northeast corner of Lot 1, Block 39 as shown on said Plat ( chord bearing and distance between said points being S 05°51'52" E 471.83 feet ); thence along the Northerly line of said Block 39 the following courses and distances : S 89°43'43" W a distance of 367.50 feet; thence S 73°05'33" W a distance of 125.80 feet to a point on the Westerly line of said Block 39; thence S 40°55'23" W along the Westerly line of said Block 39 a distance of 125.61 feet; thence continue along the Westerly line of said Block 39 and along the West line of Greenway 2, lying South of Lot 10 of said Block 39 and North of Lot 6, Block 37 as shown on said Plat, and along the Westerly line of said Block 37, S 27°19'09" W a distance of 614.17 feet; thence continue along the Westerly line of said Block 37 S 37°44'32" E a distance of 217.18 feet to the most Southerly corner of Lot 4 of said Block 37; thence S 22°32'13" W along the West line of Greenway 2 lying South of Lot 3 of said Block 37 and North of Lot 20, Block 27 as shown on said Plat, a distance of 115.01 feet to the most Easterly corner of Lot 19 of said Block 27; thence along the Northerly and Easterly lines of said Block 27 the following courses and distances : N 37°38'21" W a distance of 271.09 feet; thence S 88°52'22" W, a distance of 143.19 feet; thence S 64°58'04" W a distance of 303.42 feet; thence N 25°00'35" W a distance of 119.91 feet; thence S 65°08'34" W a distance of 192.00 feet; thence S 74°04'39" W a distance of 111.97 feet; thence S 82°08'35" W a distance of 43.45 feet; thence leaving the Northerly line of said Block 27, N 07°48'58" W a distance of 52.62 feet; thence N 11°19'01" W a distance of 119.72 feet; thence N 79°56'01" W a distance of 15.34 feet; thence N 06°46'04" E a distance of 65.11 feet; thence N 20°03'14" E a distance of 65.99 feet; thence N 87°19'26" E a distance of 12.72 feet to a point on a non tangent curve, concave Northwesterly, having a central angle of 40°55'26" and a radius of 359.00 feet; thence Northeasterly along the arc of said curve a distance of 256.42 feet to the point of reverse curvature of a curve ( chord bearing and distance between said points being N 72°29'01" E a distance of 251.00 feet ), concave Southeasterly, having a central angle of 43°07'10" and a radius of 180.00 feet; thence Northeasterly along the arc of said curve a distance of 135.46 feet to the point of reverse curvature of a curve, concave Northwesterly, having at central angle of 47°51'29" and a radius of 405.60 feet; thence Northeasterly along the arc of said curve a distance of 338.79 feet to a point ( chord bearing and distance between said points being N 71°12'14" E 329.03 feet ); thence N 38°55'40" W a distance of 175.50 feet; thence N 45°04'59" W a distance of 134.31 feet; thence S 70°54'23" W a distance of 77.22 feet; thence S 88°26'21" W a distance of 88.14 feet to a point on a non tangent curve, concave Southeasterly, having a central angle of 29°37'12" and a radius of 518.63 feet; thence Southwesterly along the arc of said curve a distance of 268.11 feet to the point of tangency of said curve ( chord bearing and distance between said points being S 68°44'26" W a distance of 265.14 feet ), said point being on the arc of a non tangent curve, concave Northerly, having a central angle of 79°03'34" and a radius of 62.03 feet; thence Southwesterly and Northwesterly along the arc of said curve a distance of 85.57 feet to the point of curvature of a curve (chord bearing and distance between said points being N 86°30’33” W 78.95 feet), concave Northeasterly, having a central angle of 29°32'58" and a radius of 104.83 feet; thence Northwesterly along the arc of said curve a distance of 54.06 feet to the point of reverse curvature of a curve, concave Southwesterly, having a central angle of 01°59'34" and a radius of 2234.64 feet; thence Northwesterly along the arc of said curve a distance of 77.72 feet to the point of reverse curvature of a curve, concave Southeasterly, having a central angle of 82°36'31" and a radius of 50.00 feet; thence Northeasterly along the arc of said curve a distance of 72.09 feet to the point of tangency of said curve; thence N 62°38'41" E a distance of 131.11 feet to the point of curvature of a curve, concave Northwesterly, having a central angle of 91°36'50" and a radius of 144.00 feet; thence Northeasterly and Northwesterly along the arc of said curve a distance of 230.25 feet to the point of tangency of said curve; thence N 28°58'03" W a distance of 74.32 feet to the point of curvature of a curve, concave Southwesterly, having a central angle of 56°47'36" and a radius of 132.50 feet; thence Northwesterly along the arc of said curve a distance of 131.34 feet to the point of compound curvature of a curve, concave Southerly, having a central angle of 26°25'29" and a radius of 227.90 feet; thence Southwesterly along the arc of said curve a distance of 105.11 feet to the point of tangency of said curve; thence S 67°48'53" W a distance of 101.50 feet to the point of curvature of a curve, concave Northeasterly, having a central angle of 86°11'07" and a radius of 50.00 feet; thence Southwesterly and Northwesterly along the arc of said curve a distance of 75.21 feet to the point of reverse curvature of a curve, concave Southwesterly, having a central angle of 10°53'40" and a radius of 601.00 feet; thence Northwesterly along the arc of said curve a distance of 114.28 feet to the point of reverse curvature of a curve, concave Southeasterly, having a central angle of 104°14'28" and a radius of 50.00 feet; thence Northeasterly along the arc of said curve a distance of 90.97 feet to the point of reverse curvature of a curve, concave Northwesterly, having a central angle of 24°02'38" and a radius of 530.90 feet; thence Northeasterly along the arc of said curve a distance of 222.79 feet to the point of compound curvature of a curve, concave Westerly, having a central angle of 86°47'49" and a radius of 189.00 feet; thence Northeasterly and Northwesterly along the arc of said curve a distance of 286.31 feet to the point of tangency of said curve; thence N 43°29'39" W a distance of 91.36 feet to the point of curvature of a curve, concave Southerly, having a central angle of 82°30'10" and a radius of 157.50 feet; thence Northwesterly and Southwesterly along the arc of said curve a distance of 226.79 feet to the point of tangency of said curve; thence S 54°00'10" W a distance of 157.26 feet to the point of curvature of a curve, concave Northeasterly, having a central angle of 105°35'45" and a radius of 50.00 feet; thence Northwesterly along the arc of said curve a distance of 92.15 feet to the point of compound curvature of a curve, concave Easterly, having a central angle of 06°37'12" and a radius of 1340.56 feet; thence Northwesterly along the arc of said curve, a distance of 154.89 feet to the point of compound curvature of a curve, concave Southeasterly, having a central angle of 92°01'56" and a radius of 50.00 feet; thence Northeasterly along the arc of said curve a distance of 80.31 feet to the point of reverse curvature of a curve, concave Northwesterly, having a central angle of 14°34'38" and a radius of 665.00 feet; thence Northeasterly along the arc of said curve a distance of 169.19 feet to the point of compound curvature of a curve, concave Northwesterly, having a central angel of 68°17'04" and a radius of 166.62 feet; thence Northeasterly along the arc of said curve a distance of 198.57 feet to the point of reverse curvature of a curve, concave Easterly, having a central angle of 26°34'37" and a radius of 100.78 feet; thence Northeasterly along the arc of said curve a distance of 46.75 feet to the point of tangency of said curve; thence N 21°57'58" E a distance of 13.30 feet; thence N 38°04'31" W a distance of 106.93 feet; thence N 46°46'59" W a distance of 98.41 feet; thence N 55°57'20" W a distance of 98.24 feet; thence N 65°07'34" W a distance of 98.24 feet; thence N 73°45'49" W a distance of 89.70 feet; thence N 62°57'12" W a distance of 70.73 feet; thence N 45°03'03" W a distance of 77.53 feet; thence N 16°59'23" W a distance of 74.56 feet; thence N 10°42'56" E a distance of 74.56 feet; thence N 38°46'36" E a distance of 77.53 feet; thence N 44°54'08" W a distance of 121.58 feet to a point on the arc of a non tangent curve, concave Southeasterly, having a central angle of 18°05'23" and a radius of 325.00 feet; thence Southwesterly along the arc of said curve a distance of 102.61 feet to a point (chord bearing and distance between said points being S 39°44'51" W 102.19 feet); thence N 59°17'51" W a distance of 50.00 feet to a point on a non tangent curve, concave Southeasterly, having a central angle of 02°33'13" and a radius of 375.00 feet; thence Southwesterly along the arc of said curve a distance of 16.71 feet to a point ( chord bearing and distance between said points being S 29°25'32" W 16.71 feet ); thence N 56°31'23" W a distance of 9.97 feet to a point on a non tangent curve, concave Southeasterly, having a central angle of 39°42'30" and a radius of 324.00 feet; thence Southwesterly along the arc of said curve a distance of 224.54 feet to a point (chord bearing and distance between said points being S 07°57'40" W 220.08 feet); thence S 79°10'49" W a distance of 18.50 feet to a point on the East right-of-way line of Fairway Road (80.00 foot right-of-way) as shown on said plat, said point being on the arc of a non tangent curve, concave Southwesterly, having a central angle of 72°13'02" and a radius of 590.00 feet; thence Northwesterly along the arc of said curve and along said East right-of-way line a distance of 743.65 feet to the point of tangency of said curve (chord bearing and distance between said points being N 48°02'30" W 695.39 feet); thence continue along said right-of-way line N 84°09'01" W a distance of 136.28 feet to the point of curvature of a curve, concave Northeasterly, having a central angle of 89°02'54" and a radius of 25.00 feet; thence Northwesterly along the arc of said curve and along said right-of-way line a distance of 38.85 feet to the point of tangency of said curve, said point being on the East right-of-way line of Marigold Avenue (150.00 foot right-of-way) as shown on said plat; thence N 04°53'53" E along the East right-of-way line of said Marigold Avenue a distance of 11.91 feet to the point of curvature of a curve, concave Westerly, having a central angle of 08°01'14" and a radius of 3289.52 feet; thence Northerly along the arc of said curve and along said East right-of-way line a distance of 460.48 feet to a point on the Southerly line of Greenway 1 as shown on the plat of said Golf Villas II at Poinciana, (chord bearing and distance between said points being N 00°53'16" E 460.11 feet); thence along the Southerly line of said Greenway 1 the following courses and distances: N 55°49'17" E, a distance of 269.01 feet; thence S 84°51'03" E a distance of 262.50 feet to a point on the East line of said Greenway 1; thence N 10°01'57" E along the East line of said Greenway 1 and along the East line of Tract A-1 as shown on said plat of Golf Villa II at Poinciana, a distance of 764.20 feet to the Point of Beginning.

LESS AND EXCEPT:Containing 177.61 acres more or less.

Lot 67, Solivita – Phase VIA, according to the plat thereof, as recorded in Plat Book 131, Pages 30 through 35 of the Public Records of Polk County, Florida, being further described as follows:

Begin at the Northwest corner of said Lot 67; thence North 72°52’04 East along the Northwesterly line of said lot, 125.38 feet; thence South 17°02’52 East along the Northeasterly line of said lot, same being the Southwesterly line of Tract P-E18 as shown on said plat, 55.00 feet; thence South 72°52’04” West along the Southeasterly line of said lot, 125.30 feet; thence North 17°07’56” West along the Southwesterly line of said lot, same being the Northeasterly right-of-way line of Sorrento Road as shown on said plat, 55.00 feet to the Point of Beginning. Said lot contains 6,894 square feet, more or less.

LESS AND EXCEPT:

Lot 117, Solivita – Phase VIA, according to the plat thereof, as recorded in Plat Book 131, Pages 30 through 35 of the Public Records of Polk County, Florida, being further described as follows:

Begin at the Northwest corner of said Lot 117; thence North 80°34’33 East along the Northerly line of said lot, 131.58 feet; thence South 11°36’32 East along the Easterly line of said lot, same being the Westerly line of Tract G-4 as shown on said plat, 55.04 feet; thence South 80°34’33” West along the Southerly line of said lot, 134.44 feet to a point on the arc of a non-tangent curve concave Westerly having a radius of 325.00 feet, a central angle of 03°55’26” and a chord of 22.25 feet that bears North 07°27’44” West; thence Northerly along the arc of said curve and the Westerly line of said lot, same being the Easterly right-of-way line of Vizcaya Court as shown on said plat, 22.26 feet; thence North 09°25’27” West continuing along said lot line and said right-of-way line, 32.76 feet to the Point of Beginning. Said lot contains 7,300 square feet, more or less.

ALSO INCLUDING:

DESCRIPTION: SOLIVITA – PHASE VIB

A portion of Blocks 18 through 26, Tract K-5, Greenway 1 (lying Southeasterly and Easterly of Block 23), Greenway 1 (lying between Blocks 22 and 23), Greenway 1 (lying South of Block 26), Greenway 2 (lying between Blocks 24 and 26), Greenway 3 (lying between Blocks 21 and 22) and a portion of the following publicly dedicated road right-of-ways (all 60-foot-wide): Cart Lane, Long Court, Score Drive and Spike Drive, of the Replat of a Portion of Poinciana Neighborhood 1, Village 3, as recorded in Plat Book 58, Pages 31 through 38, Public Records of Polk County, Florida, (Please note that the portions of the Replat of a Portion of Poinciana Neighborhood 1, Village 3 plat described above were vacated by the Polk County Board of County Commissioners at their July 27, 2005 meeting) being more particularly described as follows:

Commence at the Northwest corner of Section 13, Township 27 South, Range 28 East, Polk County, Florida; thence South 89°57'44" East along the North line of said Section 13, 2472.78 feet to the Northeast corner of Golf Villas II at Poinciana, as recorded in Plat Book 72, Pages 16 through 18, Public Records of Polk County, Florida; thence South 10°01'57" West along the East line of Tract A-1 as shown on said plat of Golf Villa II at Poinciana and along the East line of Greenway 1 as shown on said plat, 764.20 feet to a point on the Southerly line of said Greenway 1; thence along said Southerly line the following courses and distances: North 84°51'03" West, 262.50 feet; thence South 55°49'17" West, 269.01 feet to a point on a non-tangent curve, concave Westerly, having a central angle of 08°01'14" and a radius of 3289.52 feet, said point being on the East right-of-way line of Marigold Avenue as shown on the plat of Poinciana Neighborhood 1 Village 3, as recorded in Plat Book 52, Pages 8 through 18 of the Public Records of Polk County, Florida; thence Southerly along the arc of said curve and along said East right-of-way line a distance of 460.48 feet to the point on tangency of said curve (chord bearing and distance between said points being South 00°53'16" West 460.11 feet); thence South 04°53'53" West along the East right-of-way line of said Marigold Avenue, 11.91 feet to the point of curvature of a curve, concave Northeasterly, having a central angle of 89°02'54" and a radius of 25.00 feet: thence Southeasterly along the arc of said curve and along said right-of-way line, 38.85 feet to the point of tangency of said curve, said point being on the North right-of-way line of Fairway Road as shown on said plat; thence along said North right-of-way line the following courses and distances: South 84°09'01" East a distance of 136.28 feet to the point of curvature of a curve, concave Southwesterly, having a central angle of 72°13'02" and a radius of 590.00 feet; thence Southeasterly along the arc of said curve and along said right-of-way line a distance of 743.65 feet to the Point of Beginning: thence North 79°10'56" East, 18.50 feet to a point on the arc of a non-tangent curve concave East having a radius of 324.00 feet and a chord bearing and distance of North 07°57'40" East, 220.08 feet; thence Northerly along the arc of said curve, through a central angle of 39°42'30", a distance of 224.55 feet; thence South 56°31'23" East, 9.97 feet to a point on the arc of a non-tangent curve concave Southeast having a radius of 375.00 feet and a chord bearing and distance of North 29°25'32" East, 16.71 feet; thence Northeasterly along the arc of said curve, through a central angle of 02°33'13", a distance of 16.71 feet; thence South 59°17'51" East, 50.00 feet to a point on the arc of a non-tangent curve concave Southeast having a radius of 325.00 feet and chord bearing and distance of North 39°44'51" East, 102.19 feet; thence Northeasterly along the arc of said curve, through a central angle of 18°05'23", a distance of 102.61 feet; thence South 44°54'08" East, 121.58 feet; thence South 38°46'36" West, 77.53 feet; thence South 10°42'56" West, 74.56 feet; thence South 16°59'23" East, 74.56 feet; thence South 45°03'03" East, 77.53 feet; thence South 62°57'12" East, 70.73 feet; thence South 73°45'49" East, 89.70 feet; thence South 65°07'34" East, 98.24 feet; thence South 55°57'20" East, 98.24 feet; thence South 46°46'59" East, 98.41 feet; thence South 38°04'31" East, 106.93 feet; thence South 21°57'58" West, 13.30 feet to the point of curvature of a curve concave East having a radius of 100.78 feet, a central angle of 26°34'37", and a chord bearing and distance of South 08°31'13" West, 46.33 feet; thence Southerly along the arc of said curve a distance of 46.75 feet to a point of reverse curvature of a curve concave Northwest having a radius of 166.62 feet and a central angle of 68°17'04"; thence Southwesterly along the arc of said curve, a distance of 198.57 feet to the point of compound curvature of a curve, concave North having a radius of 665.00 feet and a chord bearing and distance of South 70°53'44" West, 168.73 feet; thence Westerly along the arc of said curve, through a central angle of 14°34'38", a distance of 169.19 feet to a point of reverse curvature of a curve concave Southeast having a radius of 50.00 feet and a central angle of 92°01'56"; thence Southwesterly along the arc of said curve, a distance of 80.31 feet to a point of compound curvature of a curve concave East having a radius of 1,340.56 feet and a central angle of 06°37'12"; thence Southerly along the arc of said curve, a distance of 154.89 feet to a point of compound curvature of a curve concave North having a radius of 50.00 feet and a central angle of 105°35'45"; thence Easterly along the arc of said curve, a distance of 92.15 feet; thence North 54°00'10" East, 157.26 feet to a point on the arc of a curve concave South having a radius of 157.50 feet, a central angle of 82°30'10", and a chord bearing and distance of South 84°44'44" East, 207.70 feet; thence Easterly along the arc of said curve a distance of 226.79 feet; thence South 43°29'39" East, 91.36 feet to a point on the arc of a curve concave West having a radius of 189.00 feet, a central angle of 86°47'49", and a chord bearing and distance of South 00°05'45" East, 259.71 feet; thence Southerly along the arc of said curve a distance of 286.31 feet to a point of compound curvature of a curve concave Northwest having a radius of 530.90 feet and a central angle of 24°02'38"; thence Southwesterly along the arc of said curve, a distance of 222.79 feet to a point of reverse curvature of a curve concave East having a radius of 50.00 feet and a central angle of 104°14'28"; thence Southerly along the arc of said curve, a distance of 90.97 feet to a point of reverse curvature of a curve concave Southwest having a radius of 601.00 feet and a central angle of 10°53'40"; thence Southeasterly along the arc of said curve, a distance of 114.28 feet to a point of reverse curvature of a curve concave North having a radius of 50.00 feet and a central angle of 86°11'07"; thence Easterly along the arc of said curve, a distance of 75.21 feet; thence North 67°48'53" East, 101.50 feet to a point on the arc of a curve concave South having a radius of 227.90 feet, a central angle of 26°25'29", and a chord bearing and distance of North 81°01'37" East, 104.18 feet; thence Easterly along the arc of said curve a distance of 105.11 feet to a point of compound curvature of a curve concave Southwest having a radius of 132.50 feet and a central angle of 56°47'36"; thence Southeasterly along the arc of said curve, a distance of 131.34 feet; thence South 28°58'03" East, 74.32 feet to a point on the arc of a curve concave West having a radius of 144.00 feet, a central angle of 91°36'50", and a chord bearing and distance of South 16°50'22" West, 206.49 feet; thence Southerly along the arc of said curve a distance of 230.25 feet; thence South 62°38'47" West, 131.11 feet to a point on the arc of a curve concave East having a radius of 50.00 feet, a central angle of 82°36'31", and a chord bearing and distance of South 21°20'32" West, 66.01 feet; thence Southerly along the arc of said curve a distance of 72.09 feet to a point of reverse curvature of a curve concave West having a radius of 2234.64 feet and a central angle of 01°59'34"; thence Southerly along the arc of said curve, a distance of 77.72 feet to the point of reverse curvature of a curve concave Northeast having a radius of 104.83 feet and a chord bearing and distance of South 32°42'55" East, 53.47 feet; thence Southeasterly along the arc of said curve, through a central angle of 29°32'58", a distance of 54.06 feet to the point of tangency of said curve, said point being on the arc of a non-tangent curve concave North having a radius of 62.03 feet and a chord bearing and distance of South 86°31'17" East, 78.95 feet; thence Easterly along the arc of said curve, through a central angle of 79°04'28", a distance of 85.57 feet to the point of curvature of a curve concave South having a radius of 518.63 feet and a chord bearing and distance of North 68°44'26" East, 265.14 feet; thence Easterly along the arc of said curve, through a central angle of 29°37'12", a distance of 268.11 feet; thence North 88°26'21" East, 88.14 feet; thence North 70°54'23" East, 77.22 feet; thence South 45°04'59" East, 134.31 feet; thence South 38°55'40" East, 175.50 feet to the point on the arc of a non-tangent curve concave North having a radius of 405.60 feet and a chord bearing and distance of South 71°12'44" West, 329.03 feet; thence Westerly along the arc of said curve, through a central angle of 47°51'29", a distance of 338.79 feet to a point of reverse curvature of a curve concave South having a radius of 180.00 feet and a central angle of 43°07'10"; thence Westerly along the arc of said curve, a distance of 135.46 feet to a point of reverse curvature of a curve concave North having a radius of 359.00 feet and a central angle of 40°55'26"; thence Westerly along the arc of said curve, a distance of 256.42 feet; thence South 87°19'26" West, 12.72 feet; thence South 20°03'14" West, 65.99 feet; thence South 06°46'04" West, 65.11 feet; thence South 79°52'10" East, 15.34 feet; thence South 11°19'01" East, 119.72 feet; thence South 07°48'58" East, 52.62 feet; thence South 82°08'35" West, 273.79 feet to a point on the aforesaid Westerly right-of-way line of Fairway Road; thence North 01°02'42" West along said Westerly right-of-way line, 108.48 feet to a point on the arc of a curve concave West having a radius of 1,790.51 feet, a central angle of 30°48'08", and a chord bearing and distance of North 16°26'46" West, 951.03 feet; thence Northerly along the arc of said curve and said Westerly right-of-way line a distance of 962.58 feet; thence North 31°50'49" West along said right-of-way line, 414.62 feet to a point on the arc of a curve concave East having a radius of 1,660.00 feet, a central angle of 24°16'23", and a chord bearing and distance of North 19°42'38" West, 698.00 feet; thence Northerly along the arc of said curve and said Westerly Right-of-Way Line a distance of 703.25 feet; thence North 07°34'27" West, 566.77 feet to a point on the arc of a curve concave West having a radius of 590.00 feet, a central angle of 04°21'33", and a chord bearing and distance of North 09°45'13" West, 44.88 feet; thence Northerly along the arc of said curve and said Westerly right-of-way line a distance of 44.89 feet to the POINT OF BEGINNING.

Containing 35.03 acres, more or less.

LESS AND EXCEPT:

Lot 31, Solivita – Phase VIB, according to the plat thereof, as recorded in Plat Book 133, Pages 14 through 17 of the Public Records of Polk County, Florida, being further described as follows:

Begin at the Northwest corner of said Lot 31; thence North 57°47’34” East along the Northwesterly line of said lot and the Southeasterly Right-of-Way line of Amalfi Lane as shown on said plat, 80.00 feet; thence South 32°15’06” East along the Northeasterly line of said lot, 143.74 feet to a point on the arc of a non-tangent curve concave Northwesterly having a radius of 530.90 feet, a central angle of 08°40’30” and a chord of 80.30 feet that bears South 60°45’09” West; thence Southwesterly along the arc of said curve and the Northwesterly line of Tract P-E3, Solivita – Phase VIA, according to the plat thereof, as recorded in Plat Book 131, Pages 30 through 35 of the Public Records of Polk County, Florida, 80.38 feet; thence North 32°10’20” West along the Southwesterly line of said lot, 139.60 feet to the Point of Beginning. Said lot contains 11,429 square feet, more or less.

ALL TOGETHER CONTAINING A TOTAL ACREAGE OF 3239.728 acres.

Specific Authority 190.005, 190.046 FS. Law Implemented 190.004, 190.005, 190.046 FS. History–New 11-1-99, Amended_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Lisa Saliba
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Lisa Saliba
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 20, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 26, 2007