Loading...
2001-O-21 <J (..) ~ '- . .. ORDINANCE NO. 2001-0-21 AN ORDINANCE OF THE CITY OF EDGE'W A TER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 90-0-18; BY AMENDING THE OFFICIAL FUTURE LAND USE MAP TO INCLUDE PROPERTY AS MIXED USE WITH A CONSERVATION OVERLAY TO REFLECT ANNEXATION; PROVIDING FOR PUBLICATION; PROVIDING FOR HOLDING PUBLIC HEARINGS; PROVIDING FOR TRANSMITTING THIS COMPREHENSIVE PLAN AMENDlVIENT TO THE FLORIDA DEP ARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, VOLUSIA COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER \V ATER MANAGEMENT DISTRICT, THE DEP ARTMENT OF ENVIRONMENTAL PROTECTION, THE FLORIDA DEPARTMENT OF TRANSPORTATION AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AlVIENDMENT; PROVIDING FOR CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Whereas, from time to time it becomes necessary to amend the City of Edgewater Comprehensive Plan, and Whereas, a Public Hearing on the question of establishing future land use designations of the properties hereinafter described has been duly held in the City of Edge water, Florida and at such hearing, interested parties and citizens for and/or against the proposed establishment of the future land use designations were heard; and Whereas, such amendments are permitted subject to the provisions of Chapter 163, F.S. and Rule 9J-l1, F.A.C. Whereas, the Planning and Zoning Board, sitting as the City's Local Planning Agency, held an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2000), on #2001-0-21 (#13) StltlGk till oug!. passages are deleted. Underlined passages are added. {J u Wednesday, April 11 , 2001, on the proposed Plan Amendments and following that Public Hearing voted and recommended that the City Council approve the aforesaid Amendments to the City's 1990 Comprehensive Plan; and Whereas, the City Council feels it is in the best interests of the citizens of the City of Edgewater to amend its 1990 Comprehensive Plan as more particularly set forth hereinafter. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: PART A. AMENDMENT. That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as amended and supplemented said Article adopting the Comprehensive Plan of the City of Edge water, Florida regulating and restricting the use oflands located within the City of Edge water, Florida, be, and the same is hereby amended by this plan map amendment number 13 to: Amend the Official Future Land Use Map to include property as Mixed Use with a Conservation Overlay to reflect annexation of property as described in Exhibit 13. PART B. PUBLICATION. That the notice of this proposed change of the Edgewater Comprehensive Plan shall be published in the manner prescribed by 163.3184 ( 15) (c), Fla. Stat. (2000). The City Council shall hold at least TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendments. The first publication shall appear at least SEVEN (7) days before the first Public Hearing (Transmittal Hearing). 163.3184 (15) (b) 1., Fla. Stat. (2000). The second publication shall appear at least FIVE (5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15) (b) 2., Fla. Stat. (2000). The required advertisement shall be no less than two columns wide by TEN #2001-0-21 (#13) Stltlck tl,lCugh passages are deleted. Underlined passages are added. 2 o u inches (1 a") long in a standard-size or tabloid-size newspaper, and the headline in the advertisement shall be no smaller than EIGHTEEN (18) point. The advertisement shall not be placed in a portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the City of Edge water, and of general interest and readership in the municipality, not one oflimited subject matter, pursuant to Chapter 50 of the Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is published at least FIVE (5) days a week, unless the only newspaper in the municipality is published less than FIVE (5) days a week. 163.3184 (15) (c) 2.b., Fla. Stat. (2000). The advertisement shall substantially be in the following form: Notice of Land Use Change The City of Edgewater proposes to adopt the following ordinance: ORDINANCE NO. 2001-0-21 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 90-0-18; BY AMENDING THE OFFICIAL FUTURE LAND USE MAP TO INCLUDE PROPERTY AS MIXED USE WITH A CONSERVATION OVERLAY TO REFLECT ANNEXATION; PROVIDING FOR PUBLICATION; PROVIDING FOR HOLDING PUBLIC HEARINGS; PROVIDING FOR TRANSMITTING THIS COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA DEP ARTMENT OF COMMUNITY AFFAIRS, THE VOL USIA GROWTH MANAGEMENT COMMISSION, VOLUSIA COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, THE DEPARTMENTOFENVIRONlYIENTALPROTECTION, THE FLORIDA DEPARTMENT 'OF TRANSPORTATION AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. #2001-0-21 (#13) Stl uck till ough passages are deleted. Underlined passages are added. 3 <.) (.) .' A public hearing on the ordinance changing the Future Land Use Map will be held on June 18,2001 at 7:00 p,m. at the Community Center, 102 N. Riverside Drive, Edgewater, Florida 32132. (j\;Jap for insertion into the advertisement is attached hereto and incorporated herein as Exhibit "A ") The advertisement shall contain a geographical-location map which clearly indicates the area covered by the proposed ordinance. The map shall also include major street names as a means of identification of the general area. 163.3184 (15) (c) & 166.041 (3) (c) 2.b., Fla. Stat. (2000). PART C. PUBLIC HEARINGS. That as a condition precedent to the adoption of this ordinance amending the City's 1990 Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held at the transmittal stage pursuant to subsection 163.3184 (15) (b), Fla. Stat. It shall be held on a weekday at least 7 days after the day that the first advertisement is published. The second public hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day that the second advertisement is published. 163.3184, Fla. Stat. (2000). The Adoption Hearing shall be held within 120 days of the Department of Community Affairs having issued its Objections, Comments, and Recommendations Report to the City. PART D. TRANS MITT AL OF AMENDMENTS TO PLAN. Immediately following the Transmittal Hearing, the City Manager or his designee shall send SIX (6) copies of the proposed Plan Amendments to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team, and all other items specified to be transmitted in accordance with Rule 9J-ll.006, F.A.C, The City Manager or his designee shall also, #2001-0-21 (#13) Stl uck till oug!. passages are deleted. Underlined passages are added. 4 o (.) .' immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendments to the V olusia Growth Management Commission, V olusia County, Regional Planning Council, the S1. Johns River Water Management District, (Water Management District), Florida Department of Transportation, Department of Environmental Protection and to any other unit oflocal government or governmental agency in the State that has filed a written request with the City of Edgewater for a copy of such plan amendments. 163.3184 (3) (a), Fla. Stat. (2000) and Rule 9J-11.006, F.A.C. Within TEN (I 0) working days following the Adoption Hearing, the City Manager or his designee shall transmit FIVE (5) copies of the Plan Amendments' and a copy of this ordinance to the Department of Community Affairs. The City Manager or his designee shall also transmit within TEN (IO) working days a copy of the adopted Amendments to the Comprehensive Plan to the Vo1usia Growth Management Commission, Vo1usia County, Regional Planning Council, the S1. John's River Water Management District (Water Management District), Florida Department of Transportation, and Department of Environmental Protection. 163.3184 (7), Fla. Stat. (2000) & Rule 9J-11.011 (3), F.A.C. PART E. CONFLICTING ORDINANCES. That all ordinances or parts thereof that are in conflict with this ordinance shall be and the same are hereby rescinded and repealed. PART F. EFFECTIVE DATE. That this ordinance shall become effective upon its final adoption; and either the Department of Community Affairs entering a final order finding these Comprehensive Plan Amendments in compliance, or the Administration Commission entering a final order finding that these Comprehensive Plan Amendments have been brought into compliance. #2001-0-21 (#13) S t! uck thlOugh passages are deleted. Underlined passages are added. 5 o o PART G. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART H. ADOPTION. After Motion by Councilman Brown and Second by Councilman Vincenzi, the vote on the first reading of this ordinance held on June 18, 2001 is as follows: 4> AYE NAY Mayor Donald A. Schmidt x Councilman James P. Brown x Councilman Dennis A. Vincenzi x Councilwoman Harriet E. Rhodes x Councilwoman Judy Lichter x After Motion by Councilman Vincenzi and Second by Councilwoman Rhodes the vote on the second reading of this ordinance was as follows: #2001-0-21 (#13) Snuck tlnotlgh passages are deleted. Underlined passages are added. 6 C L PASSED AND DULY ADOPTED this 17th day of December , 2001. ATTEST: For the use and reliance only by the City of Edgewater, Florida Approved as to form and legality by: Scott A. Cookson, Esquire City Attorney Foley & Lardner CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: f�A onald A. Schmidt Mayor Robin L. Matusi i1caatusi k n ck Legal Assistant Approved by the City Council of the City of Edgewater at a meeting held on this 17th day of , 2001 under Agenda Item No. 6-M #2001-0-21(#13) Swektlemxgh passages are deleted. Underlined passages are added. --- --- ~ -.. r:. I .~ ~ en .., t: Q) ,,-~E Q) -a.. '0 .., t: ; ~ E ~ '(i) <t 'Ct:o. wQ)ctJ J::-=:: ....Q)-== o "- Q) ~o.en ~E::> (,)0'0 U t: CO -I ~ d~~' \CD t~ Y-XXXJl. \X ~ -.x: X VV'<. x..2> r III ... c: IV E "0 c: IV E III ... c: IV E "0 c: IV E ~~ \\ em C")-{\\j)< ~ ~( ~ ~ ~.~ct;~ ""~Ci"' ~~i ~~. ~'-i~:u. ~ --,",~---Yy~t)~ r; I~ G. I~-~ ~_"''lU'A ~ ~rr ..x- ~ ~ \\\d~~ x-K ~~r .x~ ~u:"3 11 " -'< 1--j~n n _ ~t'_Zo 1~ -s::s: \)( ~ o~ 1-'1 \ ~ ~ ~ '" --'Y-' ::: P'N1 N ~ P' ffil ~ ~ ~ :.:;; yo UW~~rnP\ ~ ~ )( ~~, ~~;~ ~ ~ ~~'JV)< )(\ " _'V'd~ - Sl ~;;;~ ~ ,. ~~~, ~ ~ ~lm ~y. N ~ ~~ "v CD x- l<X)o~ - ~ . e5. x.;< " x" ~y co . :'w! X )( _~ i h)oX)Q< ~"X >< )( x )( x )( }( ~xxxx XX::illX)( ~ >< 0~tQ< ~ ~~ x x :)( ~'X. ~ ~ ~~ ^" <t <t ~ ~ t'l:l t'l:l (.J (.J (/) (/) IV Cl .... t'l:l -I <jz = t'l:l E (/) ~I -x y ---'<' X'-;,.---- - :;t QI (,) c: ,.... N M '<I' .., 10 r-- CX) en Q ,.... N (lJ N N ~ ~ ~ N N ~ N '? '? '? c: I I I I I ~ q q q q q q q q q q q q ,.... ,.... ,.... ,.... ,.... ,.... ,.... ,.... ,.... ,.... ,.... ,.... 0 Q Q Q Q Q Q Q 0 Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q N N N N N N N IN N N N N :;t ~ [illg)@J@J~[[1@J[ID[EJ[W[ill~ :E :;t QI CD (,) en Q ,.... N M ..,. II) .... r-- CX) Ol Q c: 9 ";" '7 ";" ,.... '7 ,.... I '7 ,.... '7 N (lJ I I ~ I , c: q q q q q q q q q q 9 ~ ,.... ,.... ,.... ,.... ,.... ,.... ,.... ,.... ,.... ,.... ,.... .... Q .... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N :;t -- @J8Ei 0.. ~ ,N"1:s:1: ~ -ll)1 @ r;::::'1 @ W ..... ~ L!:.. (lJ :E u 0 EXHIBIT 13 ~ '" ~ <:> ~ .... <:> <:> '" <:> ~ """"'-0. ~ ~ ~ ~ ~ ~ ~ ~ ==+t: ...... 'S::: ~ ~ s::: ~ ~ ~ ~, ~ (.) Q CITY OF EDGEW ATER COMPREHENSIVE PLAN MAP AMENDMENT (land Use Map Amendment #13) I. GENERAL INFORMATION A. Requested Future Land Use Change: From - V olusia County (Low Impact Urban and Environmental Systems Corridor) To - Mixed Use with a Conservation Overlay B. Applicant: City of Edgewater c. Owner: George Marion 450 Greystone Heights Gatlinburg, TN D. Location: This amendment is identified as lying west of Air Park Road, along the south side of S. R. 442 and east of the intersection of Old Mission Road, in Section 4; Township 18 South, Range 34 East. E. Acreage: 69.96 Acres F. Existing Use of Property: The heavily forested property consists of vacant land that was previously used for agricultural purposes. G. Proposed Use of Property: A planned mixed use development fronting on S.R. 442 with conservation areas adjacent to the northern edge of the Turnbull Hammock. H. Parcel Identification Number(s): 8438-01-00-0390 (6.84 Acres) 8438-01-00-0380 (63.12 Acres) o o I. Adjacent Existing and Future Land Uses: - Adjacent Existing Use Adjacent Future Land Use . North V olusia County - Vacant & (2) Low Impact UrbanlEnvironmental , Single Family Homes. . Systems Corridor Single Family Residential and Public/Semi-Public and Urban Low East Brownfield Intensity V olusia County - Vacant and Rural Urban Low Intensity/Environmental South Residential Systems Corridor West N/ A (due to the triangular shape of N/A (due to the triangular shape of site) site) II. ANALYSIS " '0- A. Background: The owner originally had the property conceptually approved for mixed use. The permit was never obtained and now it is for sale. B. Land Use Compatibility: The property is surrounded by single-family residential, a . public brownfield, ecological area and fronts a major thoroughfare,S.R. 442. The proposed Mixed Use land use category will allow a mixture of residential and non- reSIdential uses that are required to be developed under a master plan. Additionally, the Mixed Use category will help reduce the investment and impacts to the provision of public services and infrastructure. The'Mixed Use category will also provide for transitional uses between residential uses and potential negative impacts' from the existing brownfield. C. Adequate Public Facilities: There are no potable water or sanitary sewer facilities presently, however, these facilities are planned for extension along S.R. 442. The site is accessible by a major thoroughfare, S.R. 442. D. Natural Environment: The site is entirely undeveloped and forested. There is hydric hammock on poorly drained soils associated with a major flowway (Turnbull Creek) within the northern end of Turnbull Hammock. The Turnbull Hammock has long been mapped by the St. Johns River Water Management District and Volusia County as potential acquisition and conservation areas. Therefore, the southern portion of the parcel wi,ll remain conservation overlay. G. Consistency with Comprehensive Plan: There are no inconsistencies with the Comprehensive Plan. The City encourages a mixture of uses that can serVe the community along its major arterials, in this case S.R. 442. The proposed change will also be consistent with the. intent of the Mixed Use category to provide a variety of land uses and intensities that help '-I u preserve conservation areas, reduce public investment in the provision of services and encourage flexible and creative site design. H. Other Matters: Development of the site would require connection to the City's public utilities. Access should be from a service road on SR 442. An environmental impact statement shall be required prior to any development activity. A buffer should be maintained between residential and ecologically sensitive areas, as indicated by an expert. . Additionally, development should be clustered to preserve the natural resources under a mixed use zoning category. III. 5T AFF RECOMMENDATION Staff recommends approval of the Comprehensive Plan Map Amendment of the subject site from Volusia County (Low Impact Urban and Environmental Systems Corridor) to Mixed Use with a Conservation Overlay for'the following reasons: 1. It is consistent with the City's Comprehensive Plan. 2. It is compatible with the surrounding mix-of County and City land uses. 3. The Conservation Overlay designation will protect the natural resources along the northern edge of the Turnbull Hammock. 4. The Mixed Use land Use category requires a mixture of uses and the use of a mixed use zoning category. 5. The Mixed Use category will require that the site is developed under a master plan. .1 o EXHIBIT A Q LEGAL DESCRIPTION Commence at the Southeast corner of the Samuel Betts Grant, being also, section 38, Township 18 South, Range 34 East; thence,South 69 degrees '39 minutes 28 seconds West along the South line of said Samuel Betts Grant, a dist~nce of 1800.00 feet to a point, s~id point being the , intersection of the Northerly extention of the West .line of Florida ' Shores unit No'. 15, as recorded in Map Book 19, page 216 of the Public Records of Volusia County, Florida with the South ,line of the Samuel Betts Grant; thence continuing along ~aid South line South 69 degrees 38 minutes 30 seconds West,' a distance of 152.39 feet to a point on the East line of Air Park Road, a 50 foot right-of-way as now surveyed, said point being also the POINT OF BEGINNING; thence North 23 degrees 24 minutes 10 seconds West along the East line of said,Air Park Road, a distance of 1818.2,6 feet; thence continuing . along said ,East line North 7 degrees 20 minutes 18 seconds West, a distance of 175.44 feet; thence departing said East line South 69 degrees 38 minutes 30 seconds West, a distance of 420.72 feet; thence North 7 degrees 20 minutes 18 seconds West, a distance of 125.00 feet;, thence North 69 degrees 32 minutes 09 seconds East, a distance of 370.16 'feet to a point on the West line of Air Park Road; thence Northerly along said West line North 7 degrees 20, minutes 18' seconds West, a distance 'of 15.05 feet; North 0 'degrees 42 mfnutes ,OS seconds West, a distance of 234.95 feet; thence departing s~id west line of Air Park Road South 69 degrees 38 minutes 30 seconds West, a distance of 370.00 feet; thence North 6 degrees 17 minutes 40 seconds East, a distance of 136.94 feet; thence North 21 degrees 06 minutes 40 seconds West, a 'l.istance of 194.65 feet to a point on the' South line of State Road )42; thence' North 69 degrees 02 minutes 06' seconds East along said South line of State Road 442, a'distance of 225.00 feet; thence departing said South line North 21 degrees 06 minutes 40 seconds West < , along the East line of Lot 38 of the Assessor's Subdivisiori of the Samuel Betts Grant,as recorded in Map Book 3, page 153 of the Public Records o;f Volusia County', Florida, a distance of '399.97 feet to the Northeast corner of said Lot 38; thence South 69 degrees 38 minutes 30 seconds West along the North line of said Lot 38, a distance of 381.,00 . feet; thence departing said ,North line South 21 degrees 06 minutes 40 seconds East, a distance of 288.23 feet to a point 6n the North line of State Road 442 said point being on a curve concave to the , Southeast, having a radius of 2924.79 feet, a central angle of 2 degrees 53 minutes 52 seconds, and, a chord of 147.91 feet bearing South 64 degrees 43 minutes 07 seconds West; thence Southwesterly along said curve; a distance of 147.92 feet to' a point of right-of-way 'change; ~hence South 26 degrees 43 minutes 49 seconds East, a distance of 10.00 feet to the point of curvature of a curve ,concave to the Southeast, having a radius of 2914.79 feet, a central angle of 13 degrees 19 minutes 00 seconds, and a chord of 675.93 feet bearing 'South 56 degrees 36 minutes 41 seconds West; thence 'Southwesterly . along said curve, a dis~ance of 677.45 feet to the point of tangency o~ said curve; thence South 49 degrees 57 minutes 11 'seconds West, a ,d~stance of 3098.06 feet to a poirit on the centerline'of Hide-a-way Lane, a private road easement; thence North 21 degrees' 06 :minut.es 40 ',seconds West along said centerline, a distance of,489.65 feet; thence parting said centerline South 69 degrees 38 minutes 30 seconds West, distance of 589.31 feet; thence South 21 degrees 06 minutes 40 ' . seconds East, a distance of 670.17 feet to a point 'on the North line ,of State Road 442 said point being on a curve concave to the : Northwest, having a radius of 2814.79 feet, a central angle of 8 ~degrees17 minutes 12 seconds, and a choid of ~06.74 feet bearing -i t" o o : :~ , - south 62 degrees 09 minutes 17 seconds West; thence Southwesterly along said curve, a distance of 407.10 feet to a point of right-of-way change; thence North 23 degrees 42 minutes 07 seconds West, a distance of 10.00 feet to the point of .curvature of a curve concave to the Northwest, having a radius of 2804.79 feet, a central angle of 2 degrees 09 minutes 18 seconds, and a chord of 105.49 feet bearing South 67 degrees 22 minutes 32 seconds West; thence Southwesterly .along said curve, a distance of 105.49 feet to the point of tangency of said curve; thence South 68 degrees 27 minutes 11 seconds West, a distance of 914.81 feet; thence departing said North line of State Road 442 South 21 degrees 07 minutes 05 seconds East along the Easterly line of lot 4 and its Northerly prolongation, Model Land Company Subdivision, as recorded in Map Book 5,page 187 of the Public Records of Volusia county, Florida, a distance of 1310.80 feet to the Southeast corner.of said Lot 4; thence South 69 degrees. 38 minutes 30. seconds West along the Southerly line of Lots 4, 3 and 2 of said Model Land Company Subdivision, a distance of 1050.00 feet to the Southwest corner of said Lot 2; thence North 21 degrees 07 minutes 05 seconds West along the Westerly line of said Lot 2 and its Northerly prOlongation, a distance of 1279.02 feet to a point on the North line of State Road 442; .thence South 68 degrees 27 minutes 11 seconds West along said North line, a distance of 866.23 feet to the point of curvature of a curve concave to the North, having a radius of 1859.86 feet and a central angle of 10 degrees 39 minutes 52 seconds; thence westerly along said curve, a distance of 346.18 feet; thence South 79 degrees 06 minutes 53 seconds West, a distance of 87.67 feet; thence North 18 degrees 02 minutes 49 seconds West, a distance of 62.97 feet; thence South 71 degrees 56.minutes 48 seconds west, a distance of .99. 88 feet; thence departing said North line of state Road 442 North ;17 degree~ 58 minutes 53 seconds West, a distance of 4039.91 feet to a point on the North line of U. S. Lot 4, Section 5, Township 18 South, Range 34 East; .thence South 88 degrees 12 minutes 37 seconds West along said North line, a distance of 756.17 feet to the Northwest cornero~ saidU. S. Lot 4; thence North 0 degrees 28 minutes 08 seconds East along the West line of said Section 5, a distance of 1342.03 feet; thence departing:said:west line South 87 degrees 29. minutes 46 seconds West, a distance of 49.85 feet; thence South 0 degrees 28 minutes 47 seconds West and parallel to the said West line of Sectiori 5, a distance of 1340.83 feet; thence South 24 degree~ 24. minutes 36 seco~ds East, a distance of 4495.22 feet. to a.point on the South line of State Road 442.; thence South 89 degrees 41 minutes 55 seconds West along said South line, a distance. of 74.87 feet; thence departing said South line South 0 degrees 13 minutes 04 seconds East, a distance of 175.00 feet; thence South 89 degrees 46 minutes 56 seconds West, a distance of 175.00 feet; thence North 0 degrees 15. minutes 04 seconds West, a distance of 257.86 feet to a point on the North line of Section 8, Township 18 South Range 34 East; thence South 89 degrees 49 minutes 00 seconds West along said North line of Section 8, a distance of 1608.50 feet to the Northeast corner of Section 7, . Township 18 South, Range 34 East; thence North 89 degrees 45 minutes 02 seconds West along the, North line of said Section 7, a distance of 5965.00 feet to the Northwest corner of said. Section 7; thence South 1 degree 28 minutes 17 seconds East along the West line of said Section .7, a distance of 5301.95 feet to the Southwest corner of said Section ~; thence South 89 d~grees 45 minutes 12 seconds East along the South ....ine of said Section 7, .a distance of 5930.70 feet to the Southwest Corner of Section 8 aforesaid; thence North 89 degrees 20 minutes 54 seconds East along the South line of said Section 8, a distance of 2641.31 feet to. the South quarter corner of said sectioti 8; thence North 1 degree 06 minutes 19 seconds West alon~the centerline of said C FOURTH Section 8, a distance of 2643.04 feet to the center of said Section 8; thence continuing along the centerline of said Section 8 North 1 degree 02 minutes 59 seconds West, a distance of 1320.00 feet to the Southwest corner of Lot 1 Model Land Company Subdivision, as recorded in Map Book 5, page 188 of the Public Records of Volusia County, Florida; thence East along the -South line of Lots 1 through 4 and its Easterly prolongation, a distance of 2650.00 feet to a point which is 10 feet East of the West line of section 9, Township 18 South, Range 34 .East; thence North and parallel to said West line of Section 9, a distance of 1258.83 feet to a point. on the South line of the Samuel Betts Grant; thence North 69 degrees 38 minutes 30 seconds East, a distance of 3100.17feet; thence departing the South line of said Samuel Betts Grant North 21 degrees 07 minutes 05 seconds West, a distance of 622.50 feet; thence North 69 degrees 38 minutes 30 seconds East, a distance of 700.00 feet; thence North 21 degrees 07 minutes 05 seconds West, a distance of 622.50 feet; thence North 69 degrees 38 minutes 30 seconds East, a distance of 1050.00 feet;. thence South 21 degrees 07 minutes 05 seconds East, a distance of 199.74 feet; thence North 69 degrees 38 minutes 30 seconds East, -a distance of 350.00 feet; thence South 21 degrees 07 minutes 05 seconds East, a distance of 1045.26 feet to a point on the South line of the Samuel Betts Grant; thence North 69 degrees 38 minutes 30 seconds East along said South line, a distance of 428.32 feet to a point. on the West edge of an existing shell road ( Air Park Road ); thence departing said South line South 20 degrees 21 minutes 30 seconds East, a distance of 40.00 feet to the point of curvature of a curve concave to the Northeast, having a radius of 65.00 feet and a central angle of 90 degrees 00 minutes 00 seconds; thence Southeasterly along the arc of said curve a distance of 102.20 feettothe point of tangency of said curve; thence North 69 degrees 38 minutes 30. seconds East,a distance of 128.77 feet to a point on the West line of Florida Shores Unit No. 15 aforesaid; thence North 21 degrees 06 minutes 41 seconds West along said West line, a distance of 30.00 feet;; thence departing said West line South 69 degrees 38 minutes 30 seconds West, a distance of 128.38 feet to the point of curvature of.a curve, concave to the Northeast, having a radius of. 35.00 feet and a central angle of 90 degrees 00 minutes 00 seconds; thence Northwesterly along the arc of said curve, a distance of 54.98 feet to the point of tangency of said curve; thence North 20 degrees 21 minutes 30 seconds west, a distance of 40.00 feet to a point on the South line of the Samuel Betts Grant; thence North 69 degrees 38 minutes 30 seconds East along said .South line, a distance of 10.00 feet to the POINT OF BEGINNING; said described tract containing 1,413.42 acres (61,568,556.94 square feet), more or less. PREPARED BY:�(�/� DATE: 9/13/94 Rona.d W. as, FL. PLS4165 927 S. Ridgewood Ave. Unit AS Edgewater, FL 32132 (904) 423-7741 REVISION