Notice of Proposed Rule

LAND AND WATER ADJUDICATORY COMMISSION
Julington Creek Plantation Community Development District
RULE NO: RULE TITLE
42T-1.002: Boundary
PURPOSE AND EFFECT: The Petition was filed by the Julington Creek Plantation Community Development District with its registered office located at 123 South Calhoun Street, Tallahassee, Florida 32301. The Petition proposes to modify the land area presently serviced by the District by amending its boundary to add 26.86 acres to the District located solely within St. Johns County, Florida. The District currently covers approximately 4,119 acres of land and after amendment the District will encompass approximately 4,145.86 acres. Petitioner has obtained written consent to amend the boundaries of the District from the owners of 100% of the real property comprising the expansion parcel. The District intends to construct, acquire or install recreation improvements (recreation complex) for the expansion parcel as outlined in the District’s Improvement Plan.
SUMMARY: The Petition was filed by the Julington Creek Plantation Community Development District with its registered office located at 123 South Calhoun Street, Tallahassee, Florida 32301. The Petition proposes to modify the land area presently serviced by the District by amending its boundary to add 26.86 acres to the District located solely within St. Johns County, Florida. The District currently covers approximately 4,119 acres of land and after amendment the District will encompass approximately 4,145.86 acres. Petitioner has obtained written consent to amend the boundaries of the District from the owners of 100% of the real property comprising the expansion parcel. The District intends to construct, acquire or install recreation improvements (recreation complex) for the expansion parcel as outlined in the District’s Improvement Plan.
SUMMARY OF STATEMENT 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 “8” 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 District, the state, and St. Johns County, Florida. The SERC estimates that rule amendment implementation and enforcement costs to the above-described entities will be minimal and/or are offset by the payment of requisite filing and annual fees; and, estimates there will be no negative impact on state and local revenues from the proposed amendment of the rule. With respect to an estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the rule, the SERC indicates that to fund the cost of maintaining infrastructure, assessments and fees will be imposed on the District property owners. The proposed lands to be added to the boundaries of the District are owned by the District and as such these lands will be exempt from non-ad valorem assessments. The District acquired these lands in 2006 in anticipation of constructing a new recreation center for the District. Finally, the SERC concludes that the amendment of the District’s boundary will have no impact on small businesses and should not have negative impact on small counties and cities as defined in Section 120.52, F.S., St. Johns County is not a small county as defined by Section 120.52, F.S. According to the SERC, the SERC analysis is based on a straightforward application of economic theory and input was received from the District’s Engineer and other professionals associated with the District.
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: Monday, October 1, 2007, 1:00 p.m.
PLACE: The Capitol, Conference Room 2103, 21st Floor, Tallahassee, Florida 32399
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, Senior Policy Analyst, Florida Land and Water Adjudicatory Commission, The Capitol, Room 1802, Tallahassee, Florida 32399-0001, (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, Senior Policy Analyst, Florida Land and Water Adjudicatory Commission, The Capitol, Room 1802, Tallahassee, Florida 32399-0001, (850)487-1884

THE FULL TEXT OF THE PROPOSED RULE IS:

42T-1.002 Boundary.

The boundaries of the district are as follows:

PARCEL “A”

A portion of Sections 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 49, 54, and 57, Township 4 South, Range 27 East, St. Johns County, Florida, together with a portion of Sections 2, 4, and 5, Township 5 South, Range 27 East, St. Johns County, Florida, all being more particularly described as follows:

For a Point of Beginning, commence at the point of intersection of the Easterly right-of-way line of State Road No. 13, as now established for a width of 100 feet, with the Southwesterly right-of-way line of Racetrack Road, as now established for a width of 66 feet, said point being the Northwest corner of the aforementioned Julington Creek Unit One, according to plat thereof recorded in Map Book 16, Pages 35-51, of the Public Records of the aforementioned St. Johns County, Florida; thence South 76°22'54'' East, along said Southwesterly right-of-way line of Racetrack Road, a distance of 876.51 feet; thence North 13°37'06'' East, a distance of 66.00 feet to a point lying in the Northeasterly right-of-way line of said Racetrack Road, said point being the most Westerly corner of Tract “A”, as shown on the aforementioned plat of Julington Creek Unit Two recorded in Map Book 16, Pages 52-63, Public Records, said County; thence along the Northerly boundary of said Tract “A” and Easterly prolongation thereof, North 89°13'56'' East, a distance of 1044.60 feet to a point lying in the Westerly boundary of said Julington Creek Unit Two; thence along and with the boundary of said Julington Creek Unit Two the following courses: North 00°55'04'' West, a distance of 2895.00 feet; thence North 65°37'46'' East, a distance of 261.31 feet to the point of curvature of a curve to the right, said curve being concave to the Southwest, having a radius of 270.00 feet and a central angle of 56°49'50''; thence 267.81 feet Southeasterly, around the arc of said curve, to the point of tangency thereof, said arc being subtended by a chord which bears South 85°57'19'' East, a distance of 256.96 feet; thence South 57°32'24'' East, a distance of 535.49 feet to the point of curvature of a curve to the left, said curve being concave to the Northeast, having a radius of 530.00 feet and a central angle of 15°32'00''; thence 143.69 feet Southeasterly, around the arc of said curve, to the point of tangency thereof, said arc being subtended by a chord which bears South 65°18'24'' East, a distance of 143.25 feet; thence South 73°04'24'' East, a distance of 287.74 feet to the point of curvature of a curve to the left, said curve being concave to the North, having a radius of 490.40 feet and a central angle of 33°03'19''; thence 282.92 feet Southeasterly, around the arc of said curve, to the point of tangency thereof, said arc being subtended by a chord which bears South 89°36'04'' East, a distance of 279.02 feet; thence North 73°52'17'' East, a distance of 359.21 feet to the Northerly corner common to said Julington Creek Unit Two and the aforementioned Julington Creek Unit Three, according to plat thereof recorded in Map Book 16, Pages 64-88, Public Records, said County; thence along and with the boundary of said Julington Creek Unit Three the following courses: North 73°52'17'' East, a distance of 116.99 feet to the point of curvature of a curve to the right, said curve being concave to the South, having a radius of 470.00 feet and a central angle of 35°29'03''; thence 291.08 feet Southeasterly, around the arc of said curve, to the point of tangency thereof, said arc being subtended by a chord which bears South 88°23'11'' East, a distance of 286.45 feet; thence South 70°38'40'' East, a distance of 1031.69 feet to the point of curvature of a curve to the right, said curve being concave to the Southwest, having a radius of 2260.00 feet and a central angle of 04°59'59''; thence 197.21 feet Southeasterly, around the arc of said curve, to the point of tangency thereof, said arc being subtended by a chord which bears South 68°08'40'' East, a distance of 197.15 feet; thence South 65°38'41'' East, a distance of 135.97 feet; thence South 00°36'59'' East, a distance of 622.42 feet; thence South 89°24'51'' West, a distance of 294.90 feet; thence South 00°34'55'' East, a distance of 1624.92 feet; thence South 76°25'30'' East, a distance of 1360.52 feet; thence North 00°33'43'' West, a distance of 1957.64 feet; thence South 89°23'37'' West, a distance of 324.80 feet; thence North 00°36'59'' West, a distance of 504.45 feet to a point lying in the Southerly right-of-way line of Bishop Estates Road, as now established for a width of 60 feet; thence along said Southerly right-of-way line, and continuing along and with the boundary of said Julington Creek Unit Three, North 72°46'03'' East, a distance of 847.61 feet to the point of curvature of a curve to the right, said curve being concave to the South, having a radius of 559.55 feet and a central angle of 38°38'26''; thence 377.36 feet Easterly, around the arc of said curve, to the point of tangency thereof, said arc being subtended by a chord which bears South 87°54'44'' East, a distance of 370.25 feet; thence South 68°35'31'' East, a distance of 1163.87 feet to the point of curvature of a curve to the right, said curve being concave to the Southwest, having a radius of 896.04 feet, and a central angle of 14°33'05''; thence 227.57 feet Southeasterly, around the arc of said curve, to the point of tangency thereof, said arc being subtended by a chord which bears South 61°18'59'' East, a distance of 226.96 feet; thence South 54°02'26'' East, a distance of 621.97 feet to the point of curvature of a non-tangent curve to the left, said curve being concave to the Northeast, having a radius of 654.89 feet and a central angle of 35°19'25''; thence 403.75 feet Southeasterly, around the arc of said curve, said arc being subtended by a chord which bears South 71°42'08'' East, a distance of 397.38 feet; thence North 89°21'50'' East, a distance of 321.10 feet to the point of curvature of a non-tangent curve to the right, said curve being concave to the South, having a radius of 690.01 feet and a central angle of 25°21'57''; thence 305.48 feet Easterly, around the arc of said curve, said arc being subtended by a chord which bears South 76°40'52'' East, a distance of 302.99 feet; thence South 63°59'54'' East, a distance of 158.64 feet to the point of curvature of a curve to the left, said curve being concave to the Northeast, having a radius of 1268.20 feet, and a central angle of 42°29'40''; thence 940.59 feet Southeasterly, around the arc of said curve, to a point of reverse curvature, said arc being subtended by a chord which bears South 85°14'44'' East, a distance of 919.18 feet to said point of reverse curvature of a curve to the right, said curve being concave to the South, having a radius of 228.00 feet and a central angle of 20°36'14''; thence 81.99 feet Northeasterly, around the arc of said curve, to the point of tangency thereof, said arc being subtended by a chord which bears North 83°48'33'' East, a distance of 81.55 feet; thence South 85°53'20'' East, a distance of 328.46 feet to the Northerly corner common to said Julington Creek Unit Three and the aforementioned Julington Creek Unit Four, according to plat thereof recorded in Map Book 16, Pages 89-111, Public Records, said County; thence along and with the boundary of said Julington Creek Unit Four the following courses: South 85°53'20'' East, a distance of 171.26 feet to the point of curvature of a curve to the right, said curve being concave to the South, having a radius of 690.01 feet, and a central angle of 20°15'14''; thence 243.92 feet Easterly, around the arc of said curve, to the point of tangency thereof, said arc being subtended by a chord which bears South 75°45'43'' East, a distance of 242.65 feet; thence South 65°38'06'' East, a distance of 299.43 feet to the point of curvature of a curve to the left, said curve being concave to the Northeast, having a radius of 1451.18 feet, and a central angle of 16°27'36''; thence 416.90 feet Southeasterly, around the arc of said curve, to the point of tangency thereof, said arc being subtended by a chord which bears South 73°51'54'' East, a distance of 415.47 feet; thence South 82°05'42'' East, a distance of 616.54 feet to the point of curvature of a curve to the right, said curve being concave to the Southwest, having a radius of 1642.47 feet, and a central angle of 00°17'36''; thence 8.41 feet Southeasterly, around the arc of said curve, said arc being subtended by a chord which bears South 81°56'54'' East, a distance of 8.41 feet to a point of intersection with the Southerly prolongation of the most Westerly boundary of the aforementioned Julington Creek Unit Six, according to plat thereof recorded in Map Book 17, Pages 22-52, Public Records, said County; thence along and with said Westerly boundary and Southerly prolongation thereof, and along and with the boundary of said Julington Creek Unit Six the following courses: North 00°36'03'' East, a distance of 319.20 feet to an angle point in the boundary of said Julington Creek Unit Six; thence North 03°08'57'' West, a distance of 230.12 feet; thence North 02°45'57'' West, a distance of 284 feet, more or less, to the mean high water line of Durbin Creek; thence Southeasterly and Easterly, along said mean high water line of Durbin Creek and the meanderings thereof, a distance of 9880 feet, more or less, to the East line of Section 35 of the aforementioned Township 4 South, Range 27 East; thence South 01°33'04'' East, along said East line of Section 35, a distance of 3752 feet, more or less, to a point lying in the aforementioned Northeasterly right-of-way line of Racetrack Road; thence South 76°22'54'' East, along said Northeasterly right-of-way line, a distance of 147.01 feet to the most Westerly corner of Tract “A”, as shown on the aforementioned plat of Julington Creek Unit Seven recorded in Map Book 18, Pages 6-32, Public Records, said County; thence North 89°11'36'' East, along the Northerly boundary of said Julington Creek Unit Seven, a distance of 2538.40 feet to the Northeast corner thereof; thence along the Easterly boundary of said Julington Creek Unit Seven, and along the extension of said Easterly boundary across the aforementioned Racetrack Road, South 00°33'34'' East, a distance of 1320.75 feet to a point lying in the line dividing the aforementioned Townships 4 and 5 South, Range 27 East, said point being the Southeast corner of said Julington Creek Unit Seven; thence continue along and with the boundary of said Julington Creek Unit Seven the following courses: South 89°13'19'' West, a distance of 2656.47 feet to the Southeast corner of the aforementioned Section 35, Township 4 South, Range 27 East; thence South 89°15'04'' West, a distance of 660.28 feet; thence North 01°36'48'' West, a distance of 1320.37 feet; thence South 89°13'37'' West, a distance of 664.62 feet; thence South 01°47'18'' East, a distance of 1320.15 feet; thence South 02°14'04'' East, a distance of 1340.96 feet; thence South 89°33'39'' West, a distance of 662.34 feet; thence North 02°10'39'' West, a distance of 1336.69 feet; thence South 89°12'29'' West, a distance of 660.57 feet; thence South 89°13'36'' West, a distance of 2641.92 feet; thence South 89°14'24'' West, a distance of 2676.55 feet; thence South 89°14'31'' West, a distance of 1369.31 feet to the Southerly corner common to said Julington Creek Unit Seven and the aforementioned Julington Creek Unit Eight, according to plat thereof recorded in Map Book 18, Pages 33 through 51, Public Records, said County; thence along and with the boundary of said Julington Creek Unit Eight the following courses: South 89°14'31'' West, a distance of 1258.94 feet; thence South 00°48'07'' East, a distance of 1331.35 feet; thence South 00°47'45'' East, a distance of 2682.06 feet; thence South 89°35'54'' West, a distance of 2649.95 feet; thence South 89°33'43'' West, a distance of 1328.72 feet; thence South 89°31'34'' West, a distance of 1342.28 feet; thence South 89°26'51'' West, a distance of 1345.27 feet; thence North 00°44'34'' West, a distance of 1341.60 feet; thence North 00°39'54'' West, a distance of 295.39 feet to the Westerly corner common to said Julington Creek Unit Eight and the aforementioned Julington Creek Unit Nine, according to plat thereof recorded in Map Book 18, Pages 77-121, Public Records, said County; thence along and with the boundary of said Julington Creek Unit Nine the following courses: North 00°39'54'' West, a distance of 1024.75 feet; thence North 89°28'29'' East, a distance of 1342.18 feet; thence North 00°28'51'' West, a distance of 1322.45 feet; thence South 89°28'29'' West, a distance of 1342.18 feet; thence North 00°28'51'' West, a distance of 379.92 feet to the centerline of Cunningham Creek; thence Westerly along a meander line that approximates the centerline of said Cunningham Creek as follows: North 58°00'56'' West, a distance of 135.23 feet; thence South 88°24'34'' West, a distance of 220.36 feet; thence North 70°24'07'' West, a distance of 355.69 feet; thence South 76°06'53'' West, a distance of 348.16 feet; thence South 89°11'02'' West, a distance of 300.67 feet; thence North 83°03'30'' West, a distance of 252.48 feet; thence North 80°29'16'' West, a distance of 336.30 feet; thence North 88°42'35'' West, a distance of 311.27 feet; thence South 71°01'54'' West, a distance of 85.28 feet; thence North 85°52'03'' West, a distance of 313.97 feet; thence South 58°08'46'' West, a distance of 305.31 feet; thence South 88°56'58'' West, a distance of 160.43 feet; thence South 68°08'31'' West, a distance of 239.34 feet; thence South 88°49'46'' West, a distance of 474.71 feet; thence North 38°38'53'' West, a distance of 193.24 feet; thence North 87°42'49'' West, a distance of 351.51 feet; thence South 70°43'49'' West, a distance of 537.95 feet; thence South 59°45'23'' West, a distance of 666.17 feet to a point lying in the aforementioned Easterly right-of-way line of State Road No. 13; thence North 04°51'47'' East, along said Easterly right-of-way line, a distance of 1961.82 feet to the Westerly corner common to said Julington Creek Unit Nine and the aforementioned Julington Creek Unit One, according to plat thereof recorded in Map Book 16, Pages 35-51, Public Records, said County; thence along and with the boundary of said Julington Creek Unit One the following courses: North 04°51'47'' East, a distance of 2087.46 feet to an angle point in said boundary; thence North 88°25'39'' East, departing said Easterly right-of-way line of State Road No. 13, a distance of 191.74 feet; thence North 00°18'11'' West, a distance of 833.50 feet; thence North 89°13'41'' East, a distance of 676.09 feet; thence South 00°17'20'' East, a distance of 160.48 feet; thence North 89°15'59'' East, a distance of 670.35 feet; thence North 00°16'32'' West, a distance of 660.03 feet; thence South 89°17'37'' West, a distance of 670.00 feet; thence South 89°17'50'' West, a distance of 747.26 feet to a point lying in the aforementioned Easterly right-of-way line of State Road No. 13; thence North 04°51'47'' East, along said Easterly right-of-way line, a distance of 1490.97 feet to the Point of Beginning.

Containing 4,270 acres, more or less.

1) EXCEPTING THEREFROM, however, lands described and recorded in Official Records Volume 569, Page 331, and Official Records Volume 790, Page 554, and also lands described and recorded in Official Records Volume 910, Page 1091 (including the EXCEPTION mentioned therein), all of the Public Records of St. Johns County, Florida, and containing 29.13 acres, more or less.

2) EXCEPTING THEREFROM, however, lands described and recorded in Official Records Volume 721, Page 1090, of the Public Records of St. Johns County, Florida, and containing 5.16 acres, more or less.

3) EXCEPTING THEREFROM, however, lands described and recorded in Official Records Volume 716, Page 690, and Official Records Volume 878, Page 92, all of the Public Records of St. Johns County, Florida, and containing 10.20 acres, more or less.

4) EXCEPTING THEREFROM, however, the First Replat in Julington Creek Unit One, as recorded in Map Book 26, Pages 82 and 83, of the Public Records of St. Johns County, Florida, and containing 31.53 acres, more or less.

5) EXCEPTING THEREFROM, however, all of Tracts G-5, G-6 and G-7, all of Lots 1 through 52, Block 5, and all of Lots 1 through 39, Block 6, together with the road rights-of-way known as Larkspur Loop, Canna Court, Catalpa Court, and Calico Court, all as shown on plat of Julington Creek Unit One as recorded in Map Book 16, Pages 35 through 51, of the Public Records of St. Johns County, Florida, and containing 39.41 acres, more or less.

6) EXCEPTING THEREFROM, however, all of Lots 1 through 11, Block 7, and the road right-of-way known as Little Loop, all as shown on plat of Julington Creek Unit One as recorded in Map Book 16, Pages 35 through 51, of the Public Records of St. Johns County, Florida and containing 6.85 acres, more or less.

7) EXCEPTING THEREFROM, however, all of Tracts G-1, G-2, G-13 and G-14, all of Lots 1 through 21, Block 41, all of Lots 1 through 24, Block 42, all of Lots 1 through 11, Block 43, all of Lots 1 through 20, Block 44, all of Lots 1 through 5, Block 45, and all of Lots 1 through 14, Block 46, together with the road rights-of-way known as Linwood Loop, Castleberry Court, and Chesswood Court, all as shown on plat of Julington Creek Unit Five as recorded in Map Book 17, Pages 1 through 21, of the Public Records of St. Johns County, Florida, and containing 45.93 acres, more or less.

8) EXCEPTING THEREFROM, however, lands described and recorded in Official Records Volume 328, Page 644, and Official Records Volume 443, Page 451, of the Public Records of St. Johns County, Florida, together with a parcel of land being bounded on the North by Racetrack Road, as now established for a width of 66 feet, and bounded on the West by the aforementioned lands described in Official Records Volume 443, Page 451, and bounded on the South and the East by the aforementioned lands described in Official Records Volume 328, Page 644, all as recorded in the Public Records of St. Johns County, Florida, and containing 53.94 acres, more or less.

9) EXCEPTING THEREFROM, however, lands described and recorded in Official Records Volume 350, Page 229, of the Public Records of St. Johns County, Florida, and containing 10.80 acres, more or less.

10) EXCEPTING THEREFROM, however, all of Tract F as shown on plat of Julington Creek Unit Five as recorded in Map Book 17, Pages 1 through 21, of the Public Records of St. Johns County, Florida, and containing 5.73 acres, more or less.

11) AND FURTHER EXCEPTING THEREFROM, however, any portion of the above described lands lying within the rights-of-way of Racetrack Road, as now established for a width of 66 feet, or Bishop Estates Road, as now established for a width of 60 feet, or Orange Street as now established for a width of 60 feet, all of which contain 44.69 acres, more or less.  Lands thus described, exclusive of all exceptions therein, contain 3,986 acres, more or less.

TOGETHER WITH,

PARCEL “B” (Record Description)

Part of Section 57, Rebecca Pengree Grant, Township 4 South, Range 27 East, Portions of Section 38, William Harvey Grant, Section 39, F.P. Fatio Grant, Section 42, Rebecca Pengree Grant, all being in Township 5 South, Range 27 East, St. Johns County, Florida, being more particularly described as follows:

For a Point of Reference, commence at the intersection of the line dividing Section 39 and Section 42 with the Southeasterly line of Section 38 aforementioned; run thence South 40°10'48'' East along the dividing line of Sections 38 and 39, a distance of 945.12 feet, more or less, to the Westerly Right of Way line of State Road No. 13, as now established as a 100 foot Right of Way, said point lying and being in a curve concave Westerly, having a radius of 2814.79 feet, for a Point of Beginning; thence in a Northerly direction, along the arc of said radius and Westerly Right of Way line of State Road No. 13, an arc length of 229.86 feet, said arc being subtended by a chord bearing North 21°07'03'' East, a chord distance of 229.8 feet; thence North 53°25'45'' West, a distance of 471.92 feet; thence North 36°34'15'' East, a distance of 200.0 feet; thence South 53°25'45'' East, a distance of 399.29 feet, more or less, to the Westerly Right of Way line of State Road No. 13, aforementioned; thence in a Northerly direction, along the arc of curve having a radius of 2814.79 feet and Westerly Right of Way line of State Road No. 13, an arc length of 487.38 feet to the P.C. of curve, said arc being subtended by a chord bearing of North 09°29'07'' East, a chord distance of 486.78 feet; thence North 04°31'30'' East, along the Westerly Right of way line of State Road No. 13, a distance of 3125 feet, more or less, to the waters of Cunningham Creek; thence in a Southwesterly and Southeasterly direction along the waters following the meandering of Cunningham Creek and Mill Creek respectively, a distance of 8000 feet, more or less, to the Westerly Right of Way line of State Road 13, aforementioned, said point being an arc distance of 310 feet, more or less, Southwesterly from the Point of Beginning; thence in a Northeasterly direction, along the arc of a curve having said radius of 2814.79 feet and Westerly Right of Way line of State Road No. 13, an arc distance of 310 feet, more or less, to the point of beginning.

EXCEPTING that portion of said Sections 39 and 42, Township 5 South, aforementioned, more particularly described as follows:

For a Point of Reference, commence at the intersection of the line dividing Section 39 and Section 42, with the Southeasterly line of said Section 38; run thence South 40°10'48'' East along the dividing line of Sections 38 and 39, a distance of 945.12 feet, more or less, to the Westerly Right-of-Way line of State Road No. 13, aforementioned, for the Point of Beginning; thence in a Northerly direction, along the arc of said radius and Westerly Right of Way line of State Road No. 13, an arc length of 167.06 feet, said arc being subtended by a chord bearing North 21°45'24'' East, a chord distance of 167.03 feet; thence North 53°25'45'' West, a distance of 100.0 feet; thence South 26°16'55'' West, a distance of 500 feet, more or less, to the waters of Mill Creek; thence in a Southeasterly direction, along the waters following the meanderings of Mill Creek, a distance of 110 feet, more or less, to the Westerly Right of Way line of State Road No. 13, aforementioned, said point being an arc distance of 310 feet, more or less, Southwesterly from the Point of Beginning; thence in a Northeasterly direction, along the arc of a curve having said radius of 2814.79 feet and Westerly Right of Way line of State Road No. 13, an arc distance of 310 feet, more or less, to the Point of Beginning.

Lands thus described, exclusive of all exceptions therein, contain 133 acres, more or less.

TOGETHER WITH,

A parcel of land, being a portion of said Section 3, Township 5 South, Range 27 East, St. Johns County, Florida, said parcel being more particularly described as follows:

For a point of reference, commence at the Northwest corner of said Section 3, Township 5 South, Range 27 East, St. Johns County, Florida, and run thence North 89°13'35'' East, along the North line of said Section 3, (also being the South line of Section 34, Township 4 South, Range 27 East), a distance of 1,500.000 feet, to the Northeast corner of those lands described and recorded in that quit claim deed between Rayonier Timberlands Operating Company, L.P. to Aberdeen Development, L.L.C., recorded in Official Records Book 2036, Page 1221 of the current public records of said St. Johns County, Florida, and the Point of Beginning.

From the Point of Beginning thus described, continue North 89°13'35'' East, along aforesaid North line of said Section 3, Township 5 South, Range 27 East, (also being the South line of said Section 34, Township 4 South, Range 27 East), a distance of 955.32 feet, to a point; run thence South 54°12'47'' East, a distance of 777.71 feet, to a point; run thence South 00°46'25'' East, a distance of 590.74 feet, to a point; run thence South 89°13'35'' West, a distance of 595.49 feet, to a point; run thence North 54°08'17'' West, a distance of 1,023.03 feet, to a point; run thence South 89°10'40'' West, a distance of 163.26 feet, to a point on the aforesaid east line of said lands described and recorded in Official Records Book 2036, Page 1221 of the public records of said St. Johns County, Florida; run thence North 00°49'20'' West, along the aforesaid East line of last said lands, a distance of 443.68 feet, to the aforesaid North line of said Section 3, and to the point of beginning.

The lands thus described, contains 1,170,088 square feet or 26.86 acres, more or less, in area.

Total Parcel Area 145.864119, acres, more or less.

Specific Authority  190.005, 190.046 FS. Law Implemented  190.004, 190.005, 190.046 FS. History–New 8-15-94, Amended__________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Lisa Saliba, Florida Land and Water Adjudicatory Commission, Room 1801, The Capitol, Tallahassee, Florida 32399-0001
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Lisa Saliba
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 21, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 1, 2007