2001-O-22
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ORDINANCE NO. 2001-0-22
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 90-0-18; BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP TO INCLUDE PROPERTY AS LOW
DENSITY TRANSITION WITH CONSERVATION OVERLAY
TO REFLECT ANNEXATION; PROVIDING FOR
PUBLICATION; PROVIDING FOR HOLDING PUBLIC
HEARINGS; PROVIDING FOR TRANSMITTING UPON
ADOPTION THIS SMALL SCALE COMPREHENSIVE PLAN
AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, THE VOLUSIA GROWTH
MANAGEMENT COMMISSION, THE REGIONAL
PLANNING COUNCIL, 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.
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 91-11, 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
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
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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 EDGEW A TER , 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 14 to: Amend the Official
Future Land Use Map to include property as Low Density Transition and Conservation Overlay to
reflect annexation of property as described in Exhibit 14.
PART B.
PUBLICA TION.
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
inches (10") 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
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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. 2001-0-22
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 90-0-18; BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP TO INCLUDE PROPERTY AS LOW
DENSITY TRANSITION WITH CONSERVATION OVERLAY
TO REFLECT ANNEXATION; PROVIDING FOR
PUBLICATION; PROVIDING FOR HOLDING PUBLIC
HEARINGS; PROVIDING FOR TRANSMITTING UPON
ADOPTION THIS SMALL SCALE COMPREHENSIVE PLAN
AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, THE VOLUSIA GROWTH
MANAGEMENT COMMISSION, THE REGIONAL
PLANNING COUNCIL, 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.
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.
(Map for insertion into the advertisement is attached hereto and
incorporated herein as Exhibit "A '')
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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.
TRANSMITT 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 91-11.006, F.A.C. The City Manager or his designee shall also,
immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendments
to the V olusia Growth Management Commission, the Regional Planning Council, and to any other
unit of local government or governmental agency in the State that has filed a written request with
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the City of Edgewater for a copy of such plan amendments, 163.3184 (3 ) (a), Fla. Stat. (2000) and
Rule 9J-l1.006, F.A.C. Within TEN (10) 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 (10) working days a copy of the adopted Amendments to the Comprehensive
Plan to the V olusia Growth Management Commission and the Regional Planning Council, 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.
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.
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PART H. ADOPTION.
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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:
AYE NAY
AYE NAY
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Mayor Donald A. Schmidt
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Councilman James P. Brown
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Councilman Dennis A. Vincenzi
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Councilwoman Harriet E. Rhodes
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Councilwoman Judy Lichter
x
After Motion by~~ L--
and Second by
the vote on the second reading of this ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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PASSED AND DULY ADOPTED this S day of %%u+--�-�`— , 2001.
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
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CITY COUNCIL OF THE
CITY
I/OFF^E(D/GEWATER, FLORIDA
By: 4�
Donald A. Schmidt
Mayor
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Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater t a meeting held on this S-
day of, 2001 under
Agenda Item No. _� G
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CITY OF EDGEWATER
COMPREHENSIVE PLAN MAP AMENDMENT
(land Use Map Amendment #14)
I. GENERAL INFORMATION
A. Requested Future Land Use Change:
From - V olusia County (Urban Low Intensity)
To - Low Density Transition with Conservation Overlay
B. Applicant: City of Edge water
C. Owner: Elizabeth Barlow
3416 India Palm Drive
Edgewater, FL
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D.
Location:
2"967 Oak Trail, in Section 4, Township 18 South, Range 34 East.
E.
Acreage:
10.0 Acres
H. Parcel Identification Number(s): 8438-03-00-0150 (5.0 Acres)
8438-03-00-0160 (5.0 Acres)
I. Adjacent Existing and Future Land Uses:
Adjacent Existing Use Adjacent Future Land Use
North V olusia County - Vacant Environmental Systems Corridor
V olusia County - Rural Residential V olusia County - Urban Low
East Intensity
V olusia County - RUral Residential V olusia County - Urban Low
South . Intensity
West V olusia County - Vacant Enyironmental Systems Corridor
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II. ANALYSIS
A. Background: The two parcels' are located along Oak Trail which has developed as a
single family residential subdivision.
B.
Land Use Compatibility:
The proposed residential density is compatible with the
adjacent residential subdivision along Oak Trail.
C. Adequate Public Facilities: There are no potable water or sanitary sewer facilities
presently. The site is accessible via Oak Trail,' a dirt road.
D.
Natural Environment:
The site has upland and wetland mixed forested
communities. This parcel is adjacent to the Turnbull
Hammock., The soil suitability is classified as having a
very low potential for community development.
E. Consistency with Comprehensive Plan: There are no inconsistencies with the
.
Comprehensive Plan. The proposed land use "'Category will reduce the density that is currently
permitted by the County's designation of Urban Low Intensity which will be more consistent
with the existing use of the property~
F.
Other Matters:
Aily redevelopment that proposes impacts to wetlands will have to
be mitigated.
III. STAFF RECOMMENDATION
Staff recommends approval of the Comprehensive Plan Map Amendment of the subject site from
Volusia County.(Urban Low Intensity) to Low Density Transition with 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 reduced land use category density is more appropriate for the surrounding area.
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EXHIBIT A
LEGAL DESCRIPTION
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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 distance of 1800.00 feet to a point, said 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 ~ontinuing along ~aid South line South 69 degrees
38 minutes 30 seconds West,' a distance of 152.39 feet toa 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 o~ 125.00 feet;, thence .
North 69 degrees 32 m~nutes ,09 seconds East, a d~stance of 370.16 feet
to a point on the West line of Air Park Road; thence Northerly along
said West lirie North 7 degrees 20, minutes 18' seconds West, a distance
'of 15.05 feet; North 0 'degrees 42 mfnutes05 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
istance of 194.65 feet to a point on the'South line of State Road.
442; thence'Nor.th 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 ~ssessor's Subdivisiori of the
Samue~ Be~ts 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 On 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; thence 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
, Southeas~, 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
of said curve; thence South 49 degrees 57 minutes 11 'seconds West, a
distance of 3098.06 feet to a poiIit on the centerline of Hide.;..a-way
Lane, a privat~ road easement; thence North 21 degrees' 06minu~es 40
. - 'conds West along said centerline, a distance of,489.65 feet; thence
parting said centerline South 69 de.grees 38 minutes 30 seconds West,
.:a 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
,: ~orthwest. havina a rMnillt::: ,...,.F .,01" .,0 -1:__.1... '_
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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 Notth 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 minute~ 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 ~eet;
thence South 71 degrees 56.minutes 48 seconds West, a distance' of
.99.88feeti thence departing said North line of State Road 442 North
17 degrees 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
corner o~ said U. 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:saidWest 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 Section 5, a distance of 1340.83 feet'; thence South 24 degrees 24 .
minutes 36 seconds 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 3~ 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 ~outh .89 degrees 45 minutes 12 seconds East along the South
. IJ.ne of saJ.d 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 Section 8; thence
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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 Sout~, 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 3100.17 feet; thence departing the South line of said
SaInl:lel 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 d~grees 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
li~e South 20 degrees 21 minutes 30 seconds East, a distance of 40.00
fe~t 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 102.10 feet 'to the 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 degree~ 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 deejrees 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 sec.onds 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.
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Ronald W. 'Lucas, FL. PLS4165
927 S.Ridgewood Ave. Unit A5
Edgewater, FL 32132
.(904) 423-7741
FOURTH REVIStON
PREPARED BY:
DATE: 9/13/94
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