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2001-O-27 -"' '-' u ~ ORDINANCE NO. 2001-0-27 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, COMMERCIAL, CONSERVATION AND 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 VOLUSIA GROWTH MANAGEMENT COMMISSION, VOLUSIA COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, THE DEP ARTMENT OF ENVIRONMENTAL PROTECTION, THE FLORIDA DEPARTMENT OF TRANSPORT A TION 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 9J-ll, 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 #2001-0-27 (#19) Sti tlck tin otlgh passages are deleted. Underlined passages are added. 1 '- 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 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 Edgewater, Florida, be, and the same is hereby amended by this plan map amendment number 19 to: Amend the Official Future Land Use Map to include property as Mixed Use, Commercial, Conservation and Conservation Overlay to reflect annexation of property as described in Exhibit 19. 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 #2001-0-27 (#19) Shuck thlOUgh passages are deleted. Underlined passages are added. 2 u (,) 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 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: r ORDINANCE NO. 2001-0-27 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, COMMERCIAL, CONSERVATION AND CONSERVATION OVERLAY TO REFLECT ANNEXATION; PROVIDING FOR PUBLICATION; PROVIDING FOR HOLDING PUBLIC HEARINGS; PROVIDING FOR TRANSMITTING THIS COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THEVOLUSIA GROWTH MANAGEMENT COMMISSION, VOLUSIA COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER WATER 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 AMENDMENT; PROVIDING FOR CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. #2001-0-27 (# 19) Sh tlck th1 otlgh passages are deleted. Underlined passages are added. 3 u u 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 '') 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. TRANSMITTAL 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-11.006, F .A.C. The City Manager or his designee shall also, #2001-0-27 (#19) Struck tin otlgh passages are deleted. Underlined passages are added. 4 u u 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 St. 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-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 Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St. 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-l1.011 (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. PARTF. 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. #2001-0-27 (#19) StI tick tilt otlgh passages are deleted. Underlined passages are added. 5 (.) u 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 ofthis ordinance held on June 18,2001 is as follows: the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Donald A. Schmidt x Councilman James P. Brown --X- Councilman Dennis A. Vincenzi --X- Councilwoman Harriet E. Rhodes ~ Councilwoman Judy Lichter ~ #2001-0-27 (#19) St1tlc,k thlOtlgh passages are deleted. Underlined passages are added. 6 a on PASSED AND DULY ADOPTED this 1 7th day of 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 #2001-0-27 (#19) Struck-tivongh passages are deleted. Underlined passages are added. 2001. CITY COUNCIL OF THE CITY OF EDGEW�ATER, FLORIDA sy: a to Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant Approved by the City Council of the City of Edgewater at a meeting held on this 17th day of December 2001 under Agenda Item No. 6-S v \J ~~ INTER-OFFICE MEMORANDUM EDGEW A TER, FLORIDA TO: Susan J. Wadsworth City Clerk FROM: Robin L. Matusick Legal Assistant C.A.NO.: 2001-190 DATE: November 29,2001 SUBJECT: CORRECTION TO LEGAL ADVERTISEMENT Comp Plan Amendment Ordinance #2001-0-27 Memo #2001-184 was forwarded to you requesting advertising for numerous large scale comp plan amendments. The title to Ordinance #2001-0-27 - needs to be REPLACED with the following TITLE: ORDINANCE NO. 2001-0-27 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 MIXED USE, COMMERCIAL, CONSERVATION AND CONSERVATION OVERLAY TO REFLECT ANNEXATION; PROVIDING FOR PUBLICATION; PROVIDING FOR HOLDING PUBLIC HEARINGS; PROVIDING FOR TRANSMITTING THIS COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, VOLUSIA COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, THE DEP ARTMENT OF ENVIRONMENTAL PROTECTION, THE FLORIDA DEP ARTMENT u u 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. ~~ ~~ ~~~ . . ~~ ~; ~I~, ~, ~\~t~ \~"'- - fi ~ ~ ~~"'I;: ~ -X' ~~ ..x- ~ ~ ..x- ~ 0"' ./0 ~~ N~ >:;; .j:'X"/ J.-:: 'u \)llll ~~~ ~ -A.....' ~"...,......... \ X X ,X('"~~ ~ ~~~ ~ ~~ ~ f \ rn ......, t: Q) ...~E Q)-"C ......,Q.t: ~Q)Q) ~ > E Q) .- .A' C')rn...... "Ct:c. W Q) ~ ~-;:!: o ... Q) ~C.rn ::E::> UO"C U t: CO ...J ~ ~ ~ ~. ~~ '\ 'V Ie ..., y :.- ~ -.. ~, .~ ~ { ) ....... en en - - c: c: cv cv E E ~ ~ c: c: cv cv E E <! <! ~ ~ l'tl l'tl U U en en Q) = CI l'tl ~ E ...J en <1z ~I ) - :;l: ell 0 I:: ..... N M '<t It) to r-- co Q) 0 .... N 111 ~ ~ ~ ~ N N N ~ ~ '? '? 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EXHIBIT 19 -- U Q ~ ...; ~ ~ a C3 ~ ^}',.XXl' ')( ~ X X X ....: ~(~ X X X >< ~ ~ X X ><< >< >< xp ~ ~ XX X X . '" _:;:;<;<,(< x ~ >< >< / ~ .)<}<x X >< --- ~ >< >< v~ >< X ~V~ x ~ x >< >< ~ >< ><< >< >< >< v )(' xx: X >< >< >< 0>i"7' x V YYx ~ v xxX X >< xxx >< ~v v~ X ~ ~ ~ >< .)< ~ XX >< >< >< >< ~ )( )( -)< ~ >< >< >9<2<x Xx XX ~ ~ >9<2<x x x X X X?<}<;x ~ >< X 0 >< ><< )( >> >< Xx >< >< 0 X X ~xx>< Xx >< >< 0 >< -)< x .;<xy Xx >).: ><)< ,(< .)< ~ Xx Xx ><xx >< -)< >< >< >< >< Xx ~~ ><,(<~x><~ X ~ x x x x X >< >< >< X X X ~ >< ~. X >< X ~ X ~ X X X ~ ~ x >< Xx X >< x><~*x >< >< ~ x X >< X >< ~x >< >< ><5 >< ~xxx >< ~ <:{z 0; ~ <::l ~ ..... <::l <::l 00 <::l ~ ~ ~ ~ ~ ~ ~ ~ 0\ ........, :::t:t: ....... ~ ~ ~ ~ ~ ~ ~ ft ~ (J <J CITY OF EDGEWATER COMPREHENSIVE PLAN MAP AMENDMENT (Land Use Map Amendment #19) I. GENERAL INFORMATION A. Requested Future Land Use Change: From - V olusia County (Low Impact Urban/Forestry Resource/Environmental Systems Corridor) To - Mixed Use (631 acres), Conservation (340 acres) and Commercial (8 acres) with a Conservation Overlay B. Applicant: City of Edgewater C. Owner: McCaskill Enterprises, Inc. D. Location: The property is located at 3450 Old Dawson Ranch Road in Section 7 and 8, Township 18 South, Range 34 East. This large parcel is split by Interstate 95. E. Acreage: 979 Acres F. Existing Use of Property: The subject property is mostly agriculture and vacant. There is one single-family residence. There are four City well fields located on the northerly edge of the property abutting SR 442. G. Proposed Use of Property: A community village integrating tourist retail, office and residential uses adjacent to the interstate. H. Parcel Identification Number(s): 8408-00-00-0020 (258.00 Acres) 8407-00-00-0010 (321.00 Acres) 8407-00-00-0020 (400.00 Acres) o u I. Adjacent Existing and Future Land Uses: Adjacent Existing Use Adjacent Future Land Use V olusia County - Several tree farms, Forestry Resource, Low Impact North cleared lands and vacant lands. Gas Urban, Commercial and Station and Water Treatment Plant. Public/Semi -Public V olusia County - Truck repair shop, Low Impact Urban, Environmental East borrow pit/lake and vacant cleared Systems Corridor, Rural and lands. Commercial V olusia County - Forestry and Forestry Resource and South vacant lands. Environmental Systems Corridor V olusia County - Forestry and Forestry Resource and West vacant lands. Environmental Systems Corridor II. ANALYSIS .... A. Background: The property is known as the McCaskill Ranch. The property has experienced a high degree of alteration including clearing for cattle and small ornamental tree farms, active silvaculture which has ditched a number of the on-site wetlands, and the installation of a municipal water supply well network. B. Land Use Compatibility: . The mixed use category will allow the greatest flexibility for transitional uses adjacent to sensitive areas and higher densities adjacent to the Interstate to support regional needs. Additionally, the Mixed-Use category will require tracts of land to be master planned as a whole to provide continuity between different land uses within the sit~ and adjacent land uses external to the site. C. Adequate Public Facilities: Currently, the one existing single family home is utilizing private water and septic facilities. The City's four potable water wellfields are located along the northern boundary of this site. The parcel is located within the City's Utility Service Area. The site has e~cellent access to the regional transportation network. Interstate 95 severs the parcel on a north-south access and the interchange is . located on the parcel. S.R. 442 runs along the northern boundary of the site. There are several dirt trails throughout the site. D. Natural Environment: The site supports a variety of native vegetative communities, including both upland and wetland communities. The majority of large cypress wetlands in the north central portion of the parcel remain in good condition, as do several smaller cypress wetlands along the western and southern borders of the site. Other on-site wetlands have been partially cleared and/or drained and appear to have altered hydrology. The parcel contains two large borrow lakes near 1-95, the western one of which is connected to the system of on-site . ditches. Drainage through the site is generally west to east, via interconnected wetlands, ditches and excavated lakes, apparently connecting to the western end of Little Cow Creek as it flows (.) u east under 1-95, eventually discharging into Turnbull Hammock. The portion of this parcel that lies east of 1-95 and west of Cow Creek Road is largely undeveloped forested wetlands, through the center of which flows Cow Creek. The parcel is located within the St. Johns River Water Management District's Planning Unit 10C: North Indian River Lagoon Unit. E. Consistency with Comprehensive Plan: This parcel is of adequate size and has a strategic location to be consistent with the intent of the Mixed Use land use category to provide for employment and housing opportunities. The Mixed Use category promotes innovative land development techniques that will help preserve environmentally sensitive areas, require an efficient provision of services and allow a diverse mixture of land uses not allowable under a straight land use category. The portion of this amendment that is approximately 8.0 acres to the east of Cow Creek Road is proposed for commercial due to its location adjacent to the Florida Shores Truck Stop and the intersection ofInterstate 95. F. Other Matters: Development within a mixed use land use category requires planned development zoning. The Planned Development should be required to integrate innovative design and cluster development to transition uses for compatibility and to protect the natural resources. III. STAFF RECOMMENDATION Staff recommends approval of the comprehensive Plan Map Amendment of the subject site from Volusia County (Low Impact Urban/Forestry Resource/Environmental Systems Corridor) to Mixed Use, Conservation, and Commercial with a Conservation Overlay for the following reasons: 1. It is consistent with the City's Comprehensive Plan. 2. The mixed-use category affords flexibility to ensure compatibility with the surrounding mix of County and City land uses. 3. The site has excellent access to the regional transportation network. 4. A community village concept is encouraged for this property that incorporates places to live, work and shop. 5. The mixed-use land use category requires a master plan and planned development zoning. 6. The Conservation Overlay will ensure proper protection and mitigation for natural resources. o EXHIBIT A o 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 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 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 seid 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 ./42; 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 Assessor's Subdivisiori of the Samuel Be~ts Grant, as recorded in Map Book 3, page 153 of the Public Records 07= 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 . Southeast, having a radius 6f 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 point on the centerline of Hide-a-way Lane, a private road easement; thence North 21 degrees' 06minu~es 40 , ~econds West along said centerline, a distance of.489.65 feet; thence parting said centerline South 69 degrees 38 minutes 30 seconds West, ,: Cl. 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 ; degrees 17 minutes 12 seconds, and a chord of 406.74 TAA+- n~~rinn 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 lof 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 99.88feeti 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: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 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, adistancecif 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 . .." a distance of 5301. 95 feet to the Southwest corner of said Section ; thence South 89 degrees 45 minutes 12 seconds East along the South , line 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 aloncrthe centerlinR nr ~~in ..J o (.J . -; 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 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 ~aid South line South 20 degrees 21 minutes 3Q seconds East, a distance of 40.00 fe'at 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 INorth 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 feeti. thence departing said West line South 69 degree~ 38 minutes 30 seconds West, a distance of 128.38 feet. to the point or 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. ~b~ Ronald W.Lucas, FL. PLS4165 927 S.Ridgewood Ave. Unit A5 Edgewater, FL 32132 (904) 42-3-7741 FOURTH REVISION PREPARED BY: DATE: 9/13/94