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State of Florida

Public Service Commission
Capital Circle Office Center 2540 Shumard Oak Boulevard
Tallahassee, Florida 32399-0850

-M-E-M-O-R-A-N-D-U-M-

 

 

DATE:

March 1, 2007

TO:

Director, Division of the Commission Clerk & Administrative Services (Bayó)

FROM:

Division of Economic Regulation (Clapp, Marsh, Rieger)

Office of the General Counsel (Fleming)

RE:

Docket No. 060694-WS – Application for certificates to provide water and wastewater service in Flagler and Volusia Counties by D & E Water Resources, L.L.C.

Counties: Flagler and Volusia

AGENDA:

03/13/07 – Regular Agenda – Proposed Agency Action for Issues 2 and 3 --Interested Persons May Participate

COMMISSIONERS ASSIGNED:

All Commissioners

PREHEARING OFFICER:

Pending

CRITICAL DATES:

03/13/07 – Statutory deadline waived by utility until this date.

SPECIAL INSTRUCTIONS:

None

FILE NAME AND LOCATION:

S:\PSC\ECR\WP\060694.RCM.DOC

 

 Case Background

On October 20, 2006, D & E Water Resources, L.L.C. (D & E or utility) filed its application for original water and wastewater certificates in Flagler and Volusia Counties.  The requested territory includes 38,535 acres, of which 11,935 acres are in Volusia County and 26,600 acres are in the City of Bunnell in Flagler County.  The proposed area is located in the St. Johns River Water Management District.  Water use restrictions have been imposed district wide to encourage conservation.  The utility anticipates serving a total of approximately 663 water and 333 wastewater equivalent residential connections (ERCs) when it reaches build out in approximately seven years.  Water customers not receiving central wastewater service will be provided service by individual septic tanks.

The utility’s application was deemed complete on October 20, 2006, which was the official date of filing.  Nevertheless, in discussions with the utility staff requested additional information which the utility provided on February 2, 2007.  Pursuant to Section 367.031, Florida Statutes, the Commission shall grant or deny an application for a certificate of authorization within 90 days after the official filing date of the completed application.  The utility waived the statutory deadline until March 13, 2007; therefore, this application must be ruled upon by March 13, 2007. 

The related land owners and developers, Plum Creek Timberlands LP and Plum Creek Investment Company, are planning a 335 unit single-family residential subdivision known as Heart Island Equestrian Estates in Volusia County and a 350 unit single-family residential subdivision known as Plum Creek Phase 1 in Flagler County.  The utility has determined that there are no existing water and wastewater utilities in the area that could provide service to these developments.  The application indicates that construction will begin in 2007, with the first residents moving into the service area in 2008.

The utility proposes to provide service by constructing six water treatment plants (four in Volusia County and two in Flagler County).  Each plant will have two-six inch wells rated at 280 gpm each, a fifteen thousand gallon hydropneumatic tank, and chlorination facilities for disinfection.  The two water treatment plants in Flagler County will be interconnected with one of the four water treatment plants in Volusia County by a six inch water main.  The three remaining plants in Volusia County will be interconnected with each other through a separate water distribution system.  Fire protection will be provided in the service area through twenty-two fire hydrants.

A 99,000 gallons per day central wastewater treatment plant, located in Flagler County, will serve the utility’s sewer customers in northern Volusia and southern Flagler Counties.    Treated effluent from this facility will be disposed of through three percolation ponds.  The utility will not have sufficient flows to provide reuse water.  The collection system will have four liftstations.  Thirty-four lots in Volusia County will be interconnected with the wastewater treatment plant in Flagler County when service becomes available.  These customers will be required to install and maintain a step pumping system connected to a septic tank.  These step systems are estimated to cost the customers approximately $750 each.  The utility has indicated that the Volusia County customers will be made aware of the interconnection requirement by the developer.  Wastewater customers in Flagler County will be required to install and maintain their own low pressure grinder lift stations at the time of construction.  The estimated customer cost for these units will be approximately $2,000 each. 

This recommendation addresses the application for original water and wastewater certificates and initial rates and charges.  The Commission has jurisdiction pursuant to Sections 367.031 and 367.045, Florida Statutes.


Discussion of Issues

Issue 1

 Should the D & E Water Resources, L.L.C.’s application for water and wastewater certificates be granted?

Recommendation

 Yes, D & E Water Resources, L.L.C. should be granted Certificate Nos. 635-W and 545-S to serve the territory described in Attachment A effective the date of the Commission’s vote.  The resultant order should serve as D & E’s water and wastewater certificates and it should be retained by the utility.  The utility should file an executed and recorded copy of the leases for the land for the water and wastewater facilities within 30 days of the issuance date of the Order granting the certificate.  (Clapp, Rieger, Marsh, Fleming)

Staff Analysis

 As stated in the case background, D & E filed its application for original water and wastewater certificates to provide service in Flagler and Volusia Counties on October 20, 2006.  The applicant filed revised cost and rate data on February 2, 2007.  The application is in compliance with the governing statute, Section 367.045, Florida Statutes, and other pertinent statutes and administrative rules concerning an application for original certificate.  In addition, the application contains proof of compliance with the noticing provisions set forth in Rule 25-30.030, Florida Administrative Code.  No objections to the notice of application have been received and the time for filing such has expired. 

The applicant submitted three unexecuted long-term leases (one for water facilities in Volusia County, one for water facilities in Volusia and Flagler Counties, and one for wastewater facilities in Flagler County).  Pursuant to Rule 25-30.033(1)(j), Florida Administrative Code, the applicant has agreed to file copies of executed and recorded long-term leases with the Commission within 30 days of the Commission order granting certificates to the utility.

Adequate service territory and system maps and a territory description have been provided as prescribed by Rule 25-30.033(1)(l),(m) and (n), Florida Administrative Code.  A description of the territory requested by the applicant is appended to this memorandum as Attachment A.

The applicant appears to have the financial and technical ability to provide water and wastewater service to the proposed service area.  Regarding financial ability, the application states that Plum Creek Timber Company, Inc. (Plum Creek) will provide necessary startup funding as well as funds sufficient to cover operation shortfalls during the utility’s initial years.  Staff has reviewed the financial statements of Plum Creek and it appears to have adequate resources to support the utility during the initial years of operation.  See Attachment B for a partial organization chart of Plum Creek entities.

Regarding the applicant's technical ability, Plum Creek indicates that it will make the financial and operating commitment necessary for the utility to be successful in its endeavor to provide water and wastewater service to the residents within the proposed service territory.  Towards that end, the applicant has retained licensed professionals as consultants, design engineers,  management, and operators of the utility systems.  In addition, an affiliated company has been managing B & C Water Resources, L.L.C., another Florida certificated utility.

According to the application, there is currently a need for water and wastewater service within the proposed service territory.  The utility anticipates that the construction of the water and wastewater facilities will commence in 2007.  The developments will consist of a 335 unit single-family residential subdivision known as Heart Island Equestrian Estates in Volusia County and a 350 unit single-family residential subdivision known as Plum Creek Phase 1 in Flagler County, which will be developed in 2008 through 2013.  Further, the applicant believes there are no other utilities near the proposed service area which can provide the necessary water and wastewater service, and construction of D & E is the only viable alternative. 

The application states that the provision of service in the proposed service territory, as outlined in the application, is consistent with the water and wastewater sections of the local comprehensive plans of Flagler and Volusia Counties and the City of Bunnell (Bunnell), as approved by the Department of Community Affairs (DCA).  A review of the application by the DCA revealed no inconsistencies with the Volusia County comprehensive plan.  For Flagler County, DCA determined that development must be consistent with Flagler County’s comprehensive plan goals until an amendment is made to reflect Bunnell’s annexation of the proposed area.  This position is based on the level of development allowed and the policies that direct growth by Flagler County’s comprehensive plan.  As a result, DCA determined that there is no need for central water and wastewater service in the proposed Bunnell/Flagler County area at this time.

The utility responded to DCA’s position by indicating that Bunnell recognizes its legal obligation to amend its comprehensive plan as a result of annexation, and is in the process of doing so.  Staff has verified with the City of Bunnell that it intends to amend its comprehensive plan to include the utility’s proposed area.  Also, the utility notes that DCA failed to recognize that the proposed development uses a “rural cluster” development approach which is compatible with Flagler County’s  comprehensive plan.  The utility pointed out that there has been no objection to the application from DCA, Flagler County, Bunnell, or any other entity.  Moreover, the local comprehensive plans do not prohibit the establishment of a water and wastewater utility service territory as requested in the utility’s application.

Pursuant to Section 367.045(5)(b), Florida Statutes, the Commission need not consider whether the issuance of a certificate of authorization is inconsistent with the local comprehensive plan of a county or municipality unless a timely objection to the notice of filing is received. While DCA has indicated there is no need for all of the requested service area and that the proposed development is not contemplated by Flagler County’s comprehensive plans, neither the County nor DCA filed an objection to the application.  The affiliated land owners and developers have indicated that the majority of the area not currently scheduled for development is in a conservation easement.  The balance of the land in Flagler County outside the conservation easement is planned for future development.  The utility is working closely with the City of Bnnell on amending its comprehensive plan issues that will govern that development.  Further, consistent with the Commission’s decisions in other similar cases, staff recommends that piecemeal certification is not in the public interest.  Finally, staff would note that the counties ultimately retain control over any future development through mechanisms such as zoning and construction permits.

The applicant understands that it must maintain its books and records according to the National Association of Regulatory Utility Commissioners Uniform System of Accounts.  The utility also understands the requirement to file annual reports and pay regulatory assessment fees by March 31 for the previous year.  In addition, the applicant is aware that it may not change rates, serve outside its certificated territory, or sell the utility without prior Commission approval.

Based on the above information, staff believes it is in the public interest to grant the application for original water and wastewater certificates.  Accordingly, staff recommends that D & E Water Resources, L.L.C. should be granted Certificate Nos. 635-W and 545-S to serve the territory described in Attachment A effective the date of the Commission’s vote.  The resultant order should serve as D & E’s water and wastewater certificates and it should be retained by the utility.  The utility should file an executed and recorded copy of the leases for the land for the water and wastewater facilities within 30 days of the issuance date of the Order granting the certificate.


Issue 2

 What are the appropriate initial water rates and return on investment for this utility?

Recommendation

 The staff recommended water and wastewater rates and miscellaneous service charges, shown on Schedule No. 4, should be approved.  D & E should charge the approved rates and charges until authorized to change them by this Commission in a subsequent proceeding.  The rates should be effective for services rendered or connections made on or after the stamped approval date on the tariff sheets pursuant to Rule 25-30.475, Florida Administrative Code.  A return on equity of 11.54% with a range of plus or minus 100 basis points should be approved.  (Clapp, Rieger)

Staff Analysis

 The requested rates and charges in the application are based on the system operating at 80% of its designed capacity, which is consistent with Commission policy for setting initial rates and charges.  According to the application, the development is expected to grow steadily and reach 80% build out in approximately seven years. 

D & E has estimated average usage per ERC of 350 and 300 gallons per day (GPD) for water and wastewater, respectively.  In setting initial rates and charges for a new utility, Commission practice has been to set rates so that the utility will have an opportunity to earn a fair return on its investment when approximately 80% of its projected customers are being served.  In the early years of the development, there may not be a sufficient customer base to allow the utility to recover its operating and maintenance expenses and earn a fair return on its investment.  However, as growth reaches 80% of the utility’s projected design capacity, the initial rates should be compensatory.

D & E’s proposed rates are based on its projected rate base, cost of capital, operating and maintenance expenses, and customer growth.  In reviewing the utility’s projections and the resulting proposed rates and charges, staff verified that the utility’s methodologies are consistent with those normally used by the Commission in setting initial rates and charges  The following analysis describes the utility’s projected rate base, return on investment, revenue requirement, and rates and charges for water and wastewater service.

PROJECTED RATE BASE

The utility’s projected rate base at 80% of design capacity is $1,070,299 for water and $920,263 for wastewater.  Staff has reviewed the utility’s projections and believes them to be reasonable.  The utility’s proposed water and wastewater rate bases appears on Schedule No. 1.  The rate base schedule is for informational purposes to establish initial rates and is not intended to formally establish rate base.  This is consistent with Commission practice in original certificate applications.

Utility Plant in Service (UPIS)

The utility’s projected water UPIS costs of $4,680,189 include items such as structures and improvements, wells, supply mains, power generation and pumping equipment, water treatment equipment, distribution reservoirs, transmission and distribution mains, service lines, and meters.  The proposed water facilities are designed to serve total build out of 663 ERCs.

The projected wastewater UPIS costs of $2,423,182 include items such as structures and improvements, force and low pressure collection mains, pumping equipment, treatment and disposal equipment, and services.  The proposed wastewater facilities are designed to serve total build out of 333 ERCs.

Staff has reviewed the utility’s proposed costs and, based on the supporting documentation provided, the projections appear reasonable.  Therefore, staff recommends that the utility’s projected balances of $4,680,189 for water and $2,423,182 for wastewater be included in the projected UPIS.

Accumulated Depreciation

The utility’s projected accumulated depreciation balances for water and wastewater are $534,046 and $445,818, respectively.  These balances reflect the projected accumulated depreciation balances at 80% design capacity.  The projected accumulated depreciation balances were calculated using the guidelines for average service lives as set forth in Rule 25-30.140, Florida Administrative Code.

Contributions-in-aid-of-Construction (CIAC)

The utility’s projected CIAC balance of $3,471,759 for water is based on the proposed contributed plant by the developer and a plant capacity charge of $980.06 per ERC.  As discussed in Issue 3, the utility’s projected contribution level at design capacity is expected to be approximately 74.91%.

The projected CIAC balance of $1,301,998 for wastewater is based on the proposed contributed plant by the developer and a plant capacity charge of $2,094.46 per ERC.  As discussed in Issue 3, the utility’s projected contribution level at design capacity is expected to be approximately 54.61%.

Staff has reviewed the utility’s proposed charges and projected CIAC balances and they appear to be reasonable.  Therefore, staff recommends CIAC of $3,471,759 and $1,301,998, for water and wastewater, respectively,  be included in the projected rate base.

Accumulated Amortization of CIAC

The projected accumulated amortization of CIAC balances for water and wastewater of $371,538 and $223,391, respectively, reflect the projected balances at 80% of design capacity.  Staff has reviewed the utility’s projections and believes them to be reasonable.  Staff recommends accumulated amortization of CIAC for water and wastewater of $371,538 and $223,391, respectively, be included in the projected rate base.

Working Capital

Working capital allowances of $24,377 and $21,506 for water and wastewater, respectively, are included in the projected rate base calculations based on one-eighth of operating and maintenance expenses for each system.  Staff recommends that these amounts appear reasonable, and therefore, working capital allowances of $24,377 and $21,506 be included in rate base.

Summary of Projected Rate Base

In summary, staff recommends that for purposes of setting initial rates and charges, the utility’s projected rate base balances of $1,070,299 for water and $920,263 for wastewater should be approved.  The schedules of rate base are for informational purposes to establish initial rates and are not intended to establish rate base.

COST OF CAPITAL

The projected capital structure appears on Schedule No. 2.  As required by Rule 25-30.033(1)(w), Florida Administrative Code, the application contained a schedule of the projected capital structure including the methods of financing the construction and operation of the utility.  The pro forma capital structure consists of 40% equity and 60% debt.  Equity contributions will be made as required by Plum Creek to finance the operations of the utility in the initial years of development.  The utility proposed an overall cost of capital of 8.70% based on a cost of equity of 11.54% and a cost of debt of 6.80%.  Given that this is a new utility with no customers, the capital structure and cost of capital are hypothetical.

The 11.54% cost of equity is based on the leverage formula in effect at the time of the company’s filing, which became final on June 27, 2006.[1]  The 6.80% cost of debt is based on the related party cost of debt, equal to the 5-year average of the prime rate. 

Staff recommends an overall cost of capital of 8.70% for D & E based on a capital structure consisting of 40% equity and 60% debt, a cost of equity of 11.54%, and a cost of debt of 6.80%.  Staff believes this is a reasonable overall cost of capital for calculating the revenue requirement for this original certificate case.  Staff further recommends that the Commission set D & E 's authorized return on equity at 11.54% with a range of plus or minus 100 basis points.

RETURN ON INVESTMENT

The utility’s projected return on investment based on a cost of capital of 8.70% is $93,116 and $80,063 for water and wastewater, respectively, as shown on Schedule No. 3.  Based on the utility’s projected rate base and overall return on investment for D & E of 8.70%, staff recommends that a projected return on investment of $93,116 for water and $80,063 for wastewater be included in the calculation of the revenue requirements.

REVENUE REQUIREMENT

D & E’s proposed revenue requirements are $340,158 and $305,271 for water and wastewater, respectively.  The utility’s proposed revenue requirements and rates are based on its projected rate base, the cost of capital, operating and maintenance expenses, and customer growth.  The following analysis describes the utility’s proposed and staff recommended revenue requirements.

Operating and Maintenance Expenses

The utility’s projected operating and maintenance expenses at 80% of design capacity for water and wastewater are $195,018 and $172,047, respectively.  Included in these expenses are operating costs such as salaries and benefits, chemicals, purchased power, insurance, contractual services, rents, and transportation.  Staff recommends that the projected amounts appear to be reasonable and, therefore, $195,018 for water and $172,047 for wastewater should be included in the revenue requirement for operating and maintenance expenses.

Depreciation and Amortization of CIAC

The utility projected depreciation expense at 80% of design capacity of $123,697 and $83,991 for water and wastewater, respectively.  Projected amortization of CIAC is $86,980 and $44,567 for water and wastewater, respectively.  Staff recommends that the utility’s projected net depreciation and amortization expenses of $36,717 and $39,424 are reasonable and should be included in the projected revenue requirement.

Taxes Other Than Income

The projected balances for taxes other than income for D & E of $15,307 and $13,737 for water and wastewater, respectively, include projected regulatory assessment fees (RAFs) of 4.5% of gross revenues.  The utility proposed no property taxes, other taxes, or licenses.  Therefore, staff recommends that taxes other than income of $15,307 for water and $13,737 for wastewater should be included in the projected revenue requirement.

Summary of Revenue Requirement

In summary, based on staff’s analysis of the utility’s proposed operating and maintenance expenses, depreciation and amortization of CIAC, taxes other than income, and return on investment, staff recommends that the utility’s projected revenue requirements of $340,158 and $305,271 for water and wastewater, respectively, should be used in setting initial rates for D & E.

RATES

Water and Wastewater Rates

The utility’s proposed residential and general service rates for water and wastewater are based on revenue requirements of $340,158 and $305,271 for water and wastewater, respectively.  The requested water and wastewater rates include a base facility charge (BFC) and gallonage charge.

D & E proposed a BFC of $15.39 and a single gallonage rate of $4.14 per 1,000 gallons for water and a BFC of $22.34 and a single gallonage rate of $6.80 per 1,000 gallons capped at 10,000 gallons for residential wastewater customers.  The Commission has historically considered the BFC and gallonage charge to be an effective conservation rate structure.  As proposed by the utility, the BFC would generate approximately 30% of the total water revenue and 28% of the total wastewater revenue requested.   

Based upon the above factors, staff recommends that the utility’s requested rates and rate structure for water and wastewater services appear reasonable and should be approved.  The utility’s requested monthly water and wastewater rates, along with a comparison of typical monthly bills, are shown on Schedule No. 4.

Miscellaneous Service Charges

The utility’s proposed miscellaneous service charges are in compliance with Rule 25-30.460, Florida Administrative Code, which defines four categories of miscellaneous service charges.  Consistent with Commission practice, when both water and wastewater services are provided, a single charge is appropriate unless circumstances beyond the control of the utility require multiple actions.  Staff recommends that the proposed miscellaneous service charges for the utility are consistent with Commission rules and recent Commission decisions[2] and, therefore, should be approved.

SUMMARY

The staff recommended water and wastewater rates and miscellaneous service charges are shown on Schedule No. 4.  D & E should charge these rates and charges until authorized to change them by this Commission in a subsequent proceeding.  The rates should be effective for services rendered or connections made on or after the stamped approval date on the tariff sheets pursuant to Rule 25-30.475, Florida Administrative Code.  A return on equity of 11.54% with a range of plus or minus 100 basis points should be approved.


Issue 3

 What are the appropriate service availability charges for D & E Water Resources, L.L.C.?

Recommendation

 The service availability policy and charges set forth within the staff analysis are appropriate and should be approved effective for connections made on or after the stamped approval date on the tariff sheets.   (Clapp, Rieger)

Staff Analysis

 Rule 25-30.580(1)(a), Florida Administrative Code, provides a guideline that the maximum amount of contributions-in-aid-of-construction (CIAC), net of amortization, should not exceed 75% of the total original cost, net of accumulated depreciation, of the utility's facilities and plant when the facilities and plant are at their designed capacity.  The maximum guideline is designed to ensure the utility has a significant investment in the system.  Rule 25-30.580(1)(b), Florida Administrative Code, provides a guideline that the minimum amount of CIAC should not be less than the percentage of such facilities and plant that is represented by the water transmission and distribution systems and the wastewater collection system.

The utility’s requested service availability policy and charges are designed in accordance with the guidelines in Rule 25-30.580, Florida Administrative Code.  Specifically, the utility is requesting approval of plant capacity charges of $980.06 and $2,094.46 for water and wastewater, respectively, along with donated meters and transmission, distribution, and collection lines. 

The projected contribution levels are 74.91% for water and 54.61% for wastewater at design capacity.  Therefore, staff recommends that the utility’s requested plant capacity charges of $980.06 for water and $2,094.46 for wastewater, shown on Schedule 6, should be approved.  The charges should be effective for connections made on or after the stamped approval date on the tariff sheets.


Issue 4

 Should this docket be closed?

Recommendation

 No.  If no protest to the proposed agency action issues is filed by a substantially affected person within 21 days of the date of the order, a consummating order should be issued and the docket should be closed administratively upon receipt of the executed and recorded copy of the long-term lease.  (Fleming)

Staff Analysis

 If no protest to the proposed agency action issues is filed by a substantially affected person within 21 days of the date of the order, a consummating order should be issued and the docket should be closed administratively upon receipt of the executed and recorded copy of the long-term lease.


D & E Water Resources, L.L.C.

 

DESCRIPTION OF TERRITORY SERVED

 

Water and Wastewater Service Area

 

Volusia and Flagler Counties

 

DESCRIPTION: PARCEL 1

 

A parcel of land lying in Sections 10 and 15, Township 13 South, Range 30 East, Flagler County, Florida, and more particularly described as follows:

 

From a Point of Reference being the Southwest corner of said Section 10, bear S86°53’34”E along the South line of said Section 10 a distance of 249.50 feet to the Southerly right-of-way of County Road 304; thence N41°37’15”E along the said Southerly right-of-way line of County Road 304 a distance of 1385.48 feet to an intersection with the Easterly right-of-way line of the Florida Power & Light right-of-way (300’ R/W) being the Point of Beginning of this description; thence continue N41°37’15”E 2818.53 feet; thence N41°27’55”E 1173.68 feet to a point along said Southerly right-of-way line of County Road 304, said point being the Southwest corner of Official Records Book 360, Pages 74 thru 76 as recorded in the records of Flagler County, Florida; thence leaving said Southerly right-of-way line of County Road 304 along the Southerly line of said Official Records Book 360, Pages 74 thru 76 S86°54’03”E 1371.88 feet; thence S01°25’22”E 359.06 feet; thence S41°27’55”W 1763.90 feet; thence S 41°37’15”W 3630.65 feet to a point on the Easterly right-of-way line of the Florida Power & Light right-of-way (300’ R/W); thence along said Easterly right-of-way line N16°50’03”W 1548.88 feet to the Southerly line of County Road 304 and the Point of Beginning of this description.

 

LESS & EXCEPT THE FOLLOWING DESCRIPTION:

 

A 10.00 acre parcel of land lying in Section 10, Township 13 South, Range 30 East, Flagler County, Florida and more particularly described as Follows:

 

From a Point of Reference being the Southwest corner of Section 10, bear S86°53’34”E along the South line of said Section 10 a distance of 249.50 feet to the Southerly right-of-way of County Road 304; thence N41°37’15”E along the said Southerly right-of-way of County Road 304 a distance of 1385.48 feet to an intersection with the Easterly right-of-way line of the Florida Power & Light right-of-way (300’ R/W); thence continue N41°37’15”E along the Southerly line of County Road 304 a distance of 330.00 feet to the Point of Beginning of this description; thence continue N41°37’15”E along said right-of-way line a distance of 330.00 feet; thence S48°22’45”E a distance of 1320.00 feet; thence S41°37’15”W a distance of 330.00 feet; thence N48°22’45”W a distance of 1320.00 feet to the Southerly line of County Road 304 and the Point of Beginning.


DESCRIPTION: PARCEL 2

 

PARCEL 2 – TRACT “A”

 

A parcel of land lying in Sections 10, 11, 12, 13, 14 and 15, Township 13 South, Range 30 East, Flagler County, Florida and being a portion of the subdivision of BUNNELL DEVELOPMENT COMPANY’S LAND at BUNNELL FLORIDA as recorded in Plat Book 1, Page 1, of the Public Records of Flagler County, Florida and being more particularly described as follows:

BEGIN at the Southeast corner of Section 12, Township 13 South, Range 30 East, Flagler County, Florida; thence on the East line of said Section 12, N 01°53'47" W, a distance of 5329.76 feet to the Northeast corner of said Section 12; thence departing said East line and on the North line of said Section 12, S 89°22'13" W, a distance of 5046.45 feet to the Northwest corner of said Section 12, the same being the Northeast corner of aforesaid Section 11, Township 13 South, Range 30 East, Flagler County, Florida; thence on the North line of said Section 11, S 89°35'41" W, a distance of 5413.22 feet to the Northwest corner of said Section 11; thence departing said North line and on the West line of said Section 11, S 1°14'45" E, a distance of  669.38 feet to the Northwest corner of Tract 6, Block B of Section 11, Township 13 South, Range 30 East of  BUNNELL DEVELOPMENT COMPANY’S LAND at BUNNELL FLORIDA as recorded in Plat Book 1, Page 1, of the Public Records of Flagler County, Florida; thence departing said West line and on the North line of said Tract 6, Block B, of Section 11, N 89°33'02" E, a distance of  676.64 feet to the Northeast corner of said Tract 6, Block B, of Section 11; thence departing said North line and on the East line of Tract 6, Block B and the East line of Tract 7, Block B all in Section 11, Township 13 South, Range 30 of said BUNNELL DEVELOPMENT COMPANY’S LAND at BUNNELL FLORIDA as recorded in Plat Book 1, Page 1, of the Public Records of Flagler County, Florida, S 01°14'43" E, a distance of 1337.72 feet to the Southeast corner of said Tract 7, Block B, of Section 11; thence departing said East lines and on the South line of said Tract 7, Block B, of Section 11, S 89°27'44" W, a distance of 676.61 feet to the Southwest corner of said Tract 7, Block B, of Section 11; thence departing the South line of said Tract 7, Block B, of Section 11 and on the West line of said Tract 7, Block B, of Section 11, the same being the East line of Section 10, Township 13 South, Range 30 East, Flagler County, Florida, N 01°14'45" W, a distance of 530.41 feet to the Southeast corner of a parcel of land as described in Official Records Book 700, Page 124 of the Public Records of Flagler County, Florida; thence departing said East and West lines and on the Southeasterly line of said parcel of land as described in Official Records Book 700, Page 124 of the Public Records of Flagler County, Florida, S 41°36'27" W, a distance of 1766.36 feet; thence continue on said Southeasterly line, S 41°45'47" W, a distance of 3627.29 feet to the Southwesterly corner of said parcel of land as described in Official Records Book 700, Page 124 of the Public Records of Flagler County, Florida, said corner being on the East line of a Florida Power & Light Company Right of Way as described in Official Records Book 215, Page 141 of the Public Records of Flagler County, Florida; thence departing said Southeast line and on the East line of said Florida Power & Light Company Right of Way as described in Official Records Book 215, Page 141 of the Public Records of Flagler County, Florida, S 16°41'34" E, a distance of 1738.79 feet to a point on the North line of Tract 11, Block B of Section 15, Township 13 South, Range 30 East of aforesaid BUNNELL DEVELOPMENT COMPANY’S LAND at BUNNELL FLORIDA as recorded in Plat Book 1, Page 1, of the Public Records of Flagler County, Florida; thence departing said East line and on the North line of said Tract 11, Block B, of Section 15, S 86°41'51" E, a distance of 594.56 feet to the Northeast corner of said Tract 11, Block B, of Section 15; thence departing said North line and on the East line of said Tract 11, Block B, of Section 15, S 01°51'03" E, a distance of 669.29 feet to the Southeast corner of said Tract 11, Block B, of Section 15; thence departing said East line and on the South line of said Tract 11, Block B, of Section 15, N 86°43'47" W, a distance of 412.04 feet to a point on the East line of aforesaid Florida Power & Light Company Right of Way as described in Official Records Book 215, Page 141 of the Public Records of Flagler County, Florida; thence departing said South line and on the East line of said Florida Power & Light Company Right of Way as described in Official Records Book 215, Page 141 of the Public Records of Flagler County, Florida through the following courses: S 16°41'34" E, a distance of 1659.46 feet; thence N 73°18'26" E, a distance of 50.00 feet; thence S 16°41'34" E, a distance of 119.71 feet; thence S 26°20'10" W, a distance of 119.71 feet; thence N 63°39'50" W, a distance of 50.00 feet; thence S 26°20'10" W, a distance of 1002.58 feet to a point on the South line of Section 15, Township 13 South, Range 30 East, Flagler County, Florida, thence on said South line of said Section 15, S 86°52'11" E, a distance of 3150.33 feet to the Southeast corner of said Section 15; thence departing said South line, S 29°34'48" W, a distance of 71.00 feet to a point on the South Maintained Right of Way line of “Relay Road 9” (a Private Road) ; thence on the South Maintained Right of Way line of said “Relay Road 9”, through the following courses: N 89°20'27" E, a distance of 2753.49 feet; thence N 89°58'57" E, a distance of 542.17 feet; thence N 88°58'33" E, a distance of 2108.33 feet to a point on the East Maintained Right of Way line of “Relay Road 12” (a Private Road); thence departing said South Maintained Right of Way line of “Relay Road 9” on the East Maintained Right of Way line of said “Relay Road 12”, N 0°28'30" W, a distance of 3482.39 feet to a point on the South Maintained Right of Way line of “Relay Road 10” (a Private Road) and the beginning of a curve concave Southeasterly having a radius of 125.00 feet and a central angle of 43°32'07"; thence departing the East Maintained Right of Way line of said “Relay Road 12” and on the South Maintained Right of Way line of said “Relay Road 10” and on the arc of said curve a distance of 94.98 feet said arc being subtended by a chord which bears N 21°17'33" E, a distance of 92.71 feet to the curves end; thence continue on the South Maintained Right of Way line of said “Relay Road 10” through the following courses: N 43°03'37" E, a distance of 72.28 feet; thence N 50°30'25" E, a distance of 122.34 feet; thence N 69°30'14" E, a distance of 120.05 feet; thence N 71°53'35" E, a distance of 136.22 feet; thence N 65°23'52" E, a distance of 107.59 feet; thence N 57°13'53" E, a distance of 117.33 feet; thence N 50°33'04" E, a distance of 536.84 feet; thence N 40°48'31" E, a distance of 180.65 feet; thence N 43°22'12" E, a distance of 60.92 feet; thence N 49°37'12" E, a distance of 97.92 feet; thence N 56°23'41" E, a distance of 1669.02 feet; thence N 58°51'52" E, a distance of 92.42 feet; thence N 64°08'46" E, a distance of 91.58 feet; thence N 72°44'28" E, a distance of 368.38 feet; thence N 79°56'35" E, a distance of 101.54 feet; thence S 80°49'49" E, a distance of 71.54 feet; thence S 66°51'48" E, a distance of 176.65 feet; thence S 68°39'11" E, a distance of 110.07 feet; thence S 78°54'10" E, a distance of 142.60 feet; thence S 85°45'53" E, a distance of 1250.31 feet  to the POINT OF BEGINNING.


Together with:

PARCEL 2 – TRACT “B”

 

A parcel of land lying in Sections 12, 13, 22, 23, 24, 25, 26, 27, 34 and 35, Township 13 South, Range 30 East, Flagler County, Florida and lying in Sections 2, 3, 10, 11, 14 and 15, Township 14 South, Range 30 East, Flagler County, Florida and being a portion of the subdivision of BUNNELL DEVELOPMENT COMPANY’S LAND at BUNNELL FLORIDA as recorded in Plat Book 1, Page 1, of the Public Records of Flagler County, Florida and being more particularly described as follows:

COMMENCE at the Northeast corner of Section 13, Township 13 South, Range 30 East, Flagler County, Florida; thence on the East line of said Section 13, S 2°12'01" E, a distance of 78.26 feet to the POINT OF BEGINNING; thence continue along the East line of said Section 13, S 2°12'01" E, a distance of 5224.92 feet to the Northeast corner of Section 24, Township 13 South, Range 30 East, Flagler County, Florida; thence on the East line of said Section 24, S 1°39'56" E, a distance of 5330.16 feet to the Northeast corner of Section 25, Township 13 South, Range 30 East, Flagler County, Florida; thence on the East line of said Section 25, S 1°55'02" E, a distance of 2672.59 feet to the East Quarter corner of said Section 25; thence continue on said East line S 2°00'45" E, a distance of 2694.96 feet to the Southeast corner of said Section 25; thence departing the East line of said Section 25, S 89°06'20" W, a distance of 5358.28 feet to a point on the Westerly Maintained Right of Way line of “Relay Road 12” (a Private Road); thence on the Westerly Maintained Right of Way line of said “Relay Road 12”, through the following courses: S 1°37'59" E, a distance of 4479.07 feet; thence S 3°49'05" E, a distance of 587.46 feet; thence S 1°26'24" E, a distance of 5497.16 feet; thence S 1°13'51" W, a distance of 858.47 feet; thence departing said Westerly Maintained Right of Way line of “Relay Road 12”, and on the Westerly line of the Halifax Basin, through the following courses: S 2°06'48" E, a distance of 1987.94 feet; thence S 86°19'18" W, a distance of 1062.98 feet; thence S 89°49'00" W, a distance of 1750.63 feet; thence S 88°10'03" W, a distance of 1114.30 feet; thence S 0°50'04" E, a distance of 4253.61 feet; thence departing said Westerly line of the Halifax Basin, S 89°21'12" W, a distance of 1585.74 feet to a point on the Centerline of the Maintained Right of Way of “Relay Road 5” (a Private Road); thence on the Centerline of the Maintained Right of Way of said “Relay Road 5”, through the following courses: N 45°09'48" W, a distance of 504.10 feet; thence N 29°46'37" W, a distance of 1621.36 feet; thence N 34°58'17" W, a distance of 196.85 feet; thence N 25°49'43" W, a distance of 172.43 feet; thence N 2°36'37" W, a distance of 134.60 feet; thence N 15°20'26" E, a distance of 159.07 feet; thence N 49°10'50" E, a distance of 162.05 feet; thence N 57°33'48" E, a distance of 1491.56 feet; thence N 40°48'02" E, a distance of 154.68 feet; thence N 8°48'44" E, a distance of 157.25 feet; thence N 0°22'30" W, a distance of 1045.82 feet; thence N 5°38'10" W, a distance of 897.04 feet; thence N 7°58'50" W, a distance of 811.14 feet; thence N 2°34'49" W, a distance of 645.45 feet; thence N 6°39'36" E, a distance of 550.91 feet; thence N 19°14'57" E, a distance of 230.24 feet; thence N 48°26'49" E, a distance of 247.18 feet; thence N 36°28'10" E, a distance of 243.07; thence N 10°45'32" E, a distance of 233.99 feet to a point on the Centerline of the Maintained Right of Way of “Relay Road 4” (a Private Road); thence departing the Centerline of the Maintained Right of Way of “Relay Road 5” and on the Centerline of the Maintained Right of Way of said  “Relay Road 4” through the following courses: N 89°00'18" W, a distance of 599.18 feet; thence S 87°04'43" W, a distance of 1051.01 feet; thence S 80°05'16" W, a distance of 1282.86 feet; thence S 76°39'33" W, a distance of 800.98 feet; thence S 81°15'55" W, a distance of 285.07 feet; thence S 76°58'32" W, a distance of 512.51 feet to a point on the Easterly Right of Way line of a Florida Power and Light Company Right of Way as recorded in, Official Records Book 215, Page 141 of the Public Records of Flagler County, Florida; thence departing the Centerline of the Maintained Right of Way of said  “Relay Road 4” and on the Easterly Right of Way line of said Florida Power and Light Company Right of Way through the following courses: N 22°02'08" W, a distance of 3116.10 feet; thence N 0°26'57" W, a distance of 6500.00 feet; thence N 1°04'34" W, a distance of 5200.00 feet; thence N 1°46'19" W, a distance of 2600.57 feet; thence N 26°20'10" E, a distance of 4134.17 feet to the North line of Section 22, Township 13 South, Range 30 East, Flagler County, Florida; thence departing the Easterly Right of Way line of said Florida Power and Light Company Right of Way and on the North line of said Section 22, S 86°52'11" E, a distance of 3150.33 feet to the Northeast corner of said Section 22; thence departing said North line, S 29°34'48" W, a distance of 71.00 feet to a point on the South Maintained Right of Way line of “Relay Road 9” (a Private Road) ; thence on the South Maintained Right of Way line of said “Relay Road 9”, through the following courses: N 89°20'27" E, a distance of 2753.49 feet; thence N 89°58'57" E, a distance of 542.17 feet; thence N 88°58'33" E, a distance of 2108.33 feet to a point on the East Maintained Right of Way line of “Relay Road 12” (a Private Road); thence departing said South Maintained Right of Way line of “Relay Road 9” on the East Maintained Right of Way line of said “Relay Road 12”, N 0°28'30" W, a distance of 3482.39 feet to a point on the South Maintained Right of Way line of “Relay Road 10” (a Private Road) and the beginning of a curve concave Southeasterly having a radius of 125.00 feet and a central angle of 43°32'07"; thence departing the East Maintained Right of Way line of said “Relay Road 12” and on the South Maintained Right of Way line of said “Relay Road 10” and on the arc of said curve a distance of 94.98 feet said arc being subtended by a chord which bears N 21°17'33" E, a distance of 92.71 feet to the curves end; thence continue on the South Maintained Right of Way line of said “Relay Road 10” through the following courses: N 43°03'37" E, a distance of 72.28 feet; thence N 50°30'25" E, a distance of 122.34 feet; thence N 69°30'14" E, a distance of 120.05 feet; thence N 71°53'35" E, a distance of 136.22 feet; thence N 65°23'52" E, a distance of 107.59 feet; thence N 57°13'53" E, a distance of 117.33 feet; thence N 50°33'04" E, a distance of 536.84 feet; thence N 40°48'31" E, a distance of 180.65 feet; thence N 43°22'12" E, a distance of 60.92 feet; thence N 49°37'12" E, a distance of 97.92 feet; thence N 56°23'41" E, a distance of 1669.02 feet; thence N 58°51'52" E, a distance of 92.42 feet; thence N 64°08'46" E, a distance of 91.58 feet; thence N 72°44'28" E, a distance of 368.38 feet; thence N 79°56'35" E, a distance of 101.54 feet; thence S 80°49'49" E, a distance of 71.54 feet; thence S 66°51'48" E, a distance of 176.65 feet; thence S 68°39'11" E, a distance of 110.07 feet; thence S 78°54'10" E, a distance of 142.60 feet; thence S 85°45'53" E, a distance of 1250.31 feet  to the POINT OF BEGINNING.

            Together with:

 

PARCEL 2 - TRACT “C”

 

A parcel of land lying in Sections 35 and 36, Township 13 South, Range 30 East, Flagler County, Florida and lying in Sections 1, 2, 11, 12 and 14,  Township 14 South, Range 30 East, Flagler County, Florida and being more particularly described as follows:

BEGIN at the Northeast corner of Section 36, Township 13 South, Range 30 East, Flagler County, Florida; thence on the East line of said Section 36, S 01°52'15" E, a distance of 5249.16 feet to the Southeast corner of said Section 36, the same being the Northeast corner of Section 1, Township 14 South, Range 30 East, Flagler County, Florida; thence on the East line of said Section 1, S 00°14'28" E, a distance of 5296.99 feet; to the Southeast corner of said Section 1, the same being the Northeast corner of Section 12, Township 14 South, Range 30 East, Flagler County, Florida; thence on the East line of said Section 12, S 01°56'03" E, a distance of 5259.13 feet to the Southeast corner of said Section 12; thence departing said East line and on the South line of said Section 12, S 87°56'12" W, a distance of 5264.99 feet to the Southwest corner of said Section 12 the same being the Northeast corner of Section 14, Township 14 South, Range 30 East, Flagler County, Florida; thence departing said South line and on the East line of said Section 14, S 00°33'38" E, a distance of 5294.00 feet to the Southeast corner of said Section 14; thence departing said East line and on the South line of said Section 14, S 88°56'35" W, a distance of 795.54 feet; thence departing said South line N 0°43'27" W, a distance of 3483.72; thence S 89°21'12" W, a distance of 3183.19 feet; thence N 0°50'04" W, a distance of 4253.61 feet; thence N 88°10'03" E, a distance of 1114.30 feet; thence N 89°49'00" E, a distance of 1750.63 feet; thence N 86°19'18" E, a distance of 1062.98 feet; thence N 02°06'48" W, a distance of 1987.94 feet to a point on the Westerly Maintained Right of Way line of said “Relay Road 12” (a Private Road); thence on the Westerly Maintained Right of Way line of said “Relay Road 12”, through the following courses: N 01°13'51" E, a distance of 858.47 feet; thence N 01°26'24" W, a distance of 5497.16 feet; thence N 03°49'05" W, a distance of 587.46 feet; thence N 01°37'59" W, a distance of 4479.07 feet; thence departing said Westerly Maintained Right of Way line of said “Relay Road 12”, N 89°06'20" E, a distance of 5358.28 to the POINT OF BEGINNING.

            Together with:

 

PARCEL 2 - TRACT “D”

 

A parcel of land lying in Sections 2, 3, 9, 10, 11, 14, 15, 16, 21, 22 and 23, Township 14 South, Range 30 East, Flagler County, Florida, and being more particularly described as follows:

BEGIN at the Southeast corner of Section 21, Township 14 South, Range 30 East, Flagler County, Florida; thence on the South line of said Section 21, S 89°49'43" W, a distance of 347.16 feet to a point on the Easterly Right of Way line of a Florida Power and Light Company Right of Way as recorded in, Official Records Book 215, Page 141 of the Public Records of Flagler County, Florida; thence departing said South line and on the Easterly Right of Way line of said Florida Power and Light Company Right of Way through the following courses: N 1°00'03" W, a distance of 785.64 feet; thence N 0°50'45" W, a distance of 11098.95 feet; thence N 42°58'43" E, a distance of 3248.83 feet; thence S 47°01'17" E, a distance of 50.00 feet; thence N 42°58'43" E, a distance of 131.86 feet; thence N 22°02'08" W, a distance of 131.86 feet; thence S 67°57'52" W, a distance of 50.00 feet; thence N 22°02'08" W, a distance of 2248.01 feet to a point on the Centerline of the Maintained Right of Way of “Relay Road 4” (a Private Road); thence departing the Easterly Right of Way line of said Florida Power and Light Company Right of Way and on the Centerline of the Maintained Right of Way of said  “Relay Road 4” through the following courses: thence N 76°58'32" E, a distance of 512.51 feet; thence N 81°15'55" E, a distance of 285.07 feet; thence N 76°39'33" E, a distance of 800.98 feet; thence N 80°05'16" E, a distance of 1282.86 feet; thence N 87°04'43" E, a distance of 1051.01 feet; thence S 89°00'18" E, a distance of 599.18 feet to a point on the Centerline of the Maintained Right of Way of “Relay Road 5” (a Private Road); thence departing the Centerline of the Maintained Right of Way of “Relay Road 4” and on the Centerline of the Maintained Right of Way of said “Relay Road 5”, through the following courses: S 10°45'32" W, a distance of 233.99 feet; thence S 36°28'10" W, a distance of 243.07 feet; thence S 48°26'49" W, a distance of 247.18 feet; thence S 19°14'57" W, a distance of 230.24 feet; thence S 6°39'36" W, a distance of 550.91 feet; thence S 2°34'49" E, a distance of 645.45 feet; thence S 7°58'50" E, a distance of 811.14 feet; thence S 5°38'10" E, a distance of 897.04 feet; thence S 0°22'30" E, a distance of 1045.82 feet; thence S 8°48'44" W, a distance of 157.25 feet; thence S 40°48'02" W, a distance of 154.68 feet; thence S 57°33'48" W, a distance of 1491.56 feet; thence S 49°10'50" W, a distance of 162.05 feet; thence S 15°20'26" W, a distance of 159.07 feet; thence S 2°36'37" E, a distance of 134.60 feet; thence S 25°49'43" E, a distance of 172.43 feet; thence S 34°58'17" E, a distance of 196.85 feet; thence S 29°46'37" E, a distance of 1621.36 feet; thence S 45°09'48" E, a distance of 504.10 feet; thence departing the Centerline of the Maintained Right of Way of said “Relay Road 5”, N 89°21'12" E, a distance of 4768.94 feet; thence S 0°43'27" E, a distance of 3483.72 feet to a point on the North line of Section 23, Township 14 South, Range 30 East, Flagler County, Florida; thence on said North line, S 88°56'35" W, a distance of 870.72 feet to the Northeast corner of the West 3/4 of the Northwest 1/4 of the Northeast 1/4  of said Section 23; thence departing said North line and on the East line of the West 3/4 of the Northwest 1/4 of the Northeast 1/4  of said Section 23,  S 1°10'11" E, a distance of 1318.43 feet to the Southeast corner of the West 3/4 of the Northwest 1/4 of the Northeast 1/4  of said Section 23; thence departing said East line and on the South line of the West 3/4 of the Northwest 1/4 of the Northeast 1/4  of said Section 23, S 89°11'22" W, a distance of 1002.43 feet to the Southwest corner of the West 3/4 of the Northwest 1/4 of the Northeast 1/4  of said Section 23; thence departing said South line and on the East line of the Northwest 1/4  of said Section 23, S 0°59'18" E, a distance of 1313.31 feet to the Southeast corner of the Northwest 1/4  of said Section 23; thence departing said East line and on the South line of the Northwest 1/4 of said Section 23, S 89°30'49" W, a distance of 2670.27 feet to the Southwest corner of the Northwest 1/4 of said Section 23; thence departing said South line and on the West line of said Section 23, S 1°57'19" E, a distance of 2685.77 feet to the Southwest corner of said Section 23, the same being the Southeast corner of Section 22, Township 14 South, Range 30 East, Flagler County, Florida; thence departing said West line and on the South line of said Section 22, S 89°38'58" W, a distance of 5292.80 feet to the POINT OF BEGINNING.

Together with:

PARCEL 2 – TRACT “E”

 

A parcel of land lying in Sections 13, 23 and 24, Township 14 South, Range 29 East, Flagler County, Florida, and lying in Sections 32 and 33, Township 13 South, Range 30 East, Flagler County, Florida and lying in Sections 3, 4, 5, 8, 9, 10, 16, 17, 18, 19, 20 and 21, Township 14 South, Range 30 East, Flagler County, Florida and being more particularly described as follows:

 

COMMENCE at the Southeast corner of Section 21, Township 14 South, Range 30 East, Flagler County, Florida; thence on the South line of said Section 21, S 89°49'43" W, a distance of 647.19 feet to a point on the Westerly Right of Way line of a Florida Power and Light Company Right of Way as recorded in, Official Records Book 215, Page 141 of the Public Records of Flagler County, Florida for the POINT OF BEGINNING; thence continue on the South line of said Section 21, S 89°49'43" W, a distance of 4718.82 feet to the Southeast corner of Section 20, Township 14 South, Range 30 East, Flagler County, Florida; thence on the South line of said Section 20, S 88°47'01" W, a distance of 5298.64 feet to the Southeast corner of Section 19, Township 14 South, Range 30 East, Flagler County, Florida; thence on the South line of said Section 19, S 89°19'45" W, a distance of 5297.80 feet to the Southeast corner of Section 24, Township 14 South, Range 29 East, Flagler County, Florida; thence on the South line of said Section 24, S 89°23'20" W, a distance of 5207.14 feet to a point on the Easterly Right of Way line of State Road 11 (a variable width Right of Way per Florida Department of Transportation Right of Way Maps Section 7305-1237); thence departing said South line and on the Easterly Right of Way line of said State Road 11 through the following courses: N 20°24'51" W, a distance of 2930.37 feet to the beginning of a curve concave Easterly having a radius of 1309.89 feet and a central angle of 46°49'53"; thence on the arc of said curve a distance of 1070.65 feet said arc being subtended by a chord which bears N 03°00'06" E, a distance of 1041.10 feet to the curves end; thence N 26°25'02" E, a distance of 943.90 feet to a point on the Southerly Maintained Right of Way line of an Un-Named Forest Management Road (a Private Road); thence departing said Easterly Right of Way line of said State Road 11 and on the Southerly and Easterly Maintained Right of Way line of said Un-Named Forest Management Road through the following courses: N 85°32'18" E, a distance of 478.40 feet; thence N 82°31'02" E, a distance of 145.70 feet; thence N 88°08'58" E, a distance of 914.53 feet; thence S 67°41'49" E a distance of, 483.36 feet; thence S 68°05'09" E, a distance of 382.72 feet; thence N 89°06'42" E, a distance of 421.46 feet; thence S 71°40'23" E, a distance of 183.41 feet; thence N 75°42'29" E, a distance of 479.29 feet; thence N 70°18'39" E, a distance of 1173.27 feet; thence N 1°19'52" W, a distance of 84.93 feet; thence N 29°56'34" W, a distance of 72.33 feet; thence N 60°26'33" W, a distance of 182.44 feet; thence N 28°46'19" W, a distance of 279.51 feet; thence N 7°10'19" W, a distance of 208.33 feet; thence N 54°45'50" W, a distance of 165.66 feet; thence N 59°13'06" W, a distance of 130.55 feet; thence N 40°38'00" W, a distance of 201.78 feet; thence N 7°14'45" W, a distance of 142.69 feet; thence N 30°27'17" W, a distance of 348.70 feet; thence N 41°04'25" W, a distance of 63.36 feet; thence N 61°19'01" W, a distance of 77.91 feet; thence N 19°47'15" W, a distance of 98.52 feet; thence N 28°13'06" W, a distance of 50.52 feet; thence N 47°22'23" W, a distance of 68.18 feet; thence N 9°23'57" W, a distance of 105.09 feet; thence N 33°52'10" W, a distance of 274.06 feet; thence N 52°54'53" W, a distance of 189.54 feet; thence N 29°25'35" W, a distance of 212.63 feet; thence N 40°17'46" W, a distance of 50.15 feet; thence N 72°29'31" W, a distance of 93.59 feet; thence N 24°05'07" W, a distance of 62.87 feet; thence N 10°24'23" W, a distance of 111.71 feet; thence N 15°15'51" W, a distance of 127.93 feet; thence N 28°38'04" W, a distance of 514.83 feet; thence departing said Southerly and Easterly Maintained Right of Way line of said Un-Named Forest Management Road, N 89°50'18" E, a distance of 3111.09 feet to a point on the Southerly Maintained Right of Way line of “Relay Road 41” (a Private Road); thence on the Southerly Maintained Right of Way line said “Relay Road 41” and its Easterly projection, through the following courses: N 84°05'49" E, a distance of 640.34 feet; thence N 87°04'31" E, a distance of 1376.85 feet; thence N 85°37'18" E, a distance of 3308.37 feet to a point on the Easterly Maintained Right of Way line of “Relay Road 14” (a Private Road); thence on the Easterly Maintained Right of Way line of said “Relay Road 14”, through the following courses: N 1°38'24" W, a distance of 2408.29 feet; thence N 1°36'22" W, a distance of 2795.88 feet; thence N 1°30'45" W, a distance of 2591.53 feet; thence N 1°35'50" W, a distance of 3207.05 feet; thence N 2°03'07" W, a distance of 2009.45 feet to the Southwest corner of Section 32, Township 13 South, Range 30 East, Flagler County, Florida; thence departing the Easterly Maintained Right of Way line of said “Relay Road 14”, N 88°46'57" E, a distance of 687.93 feet to a point on the Centerline of the Maintained Right of Way of “Relay Road 21” (a Private Road); thence on the Centerline of the Maintained Right of Way of said “Relay Road 21” through the following courses: N 0°25'59" E, a distance of 150.18 feet; thence N 6°37'03" W, a distance of 536.01 feet; thence N 11°16'14" W, a distance of 606.06 feet to the beginning of a curve concave Southeasterly having a radius of 335.85 feet and a central angle of 71°05'56”; thence on the arc of said curve a distance of 416.76 feet said arc being subtended by a chord which bears N 24°16'44" E, a distance of 390.53 feet to the curves end; thence N 59°49'42" E, a distance of 438.34 feet to the beginning of a curve concave Northwesterly having a radius of 267.00 feet and a central angle of 71°26'49"; thence on the arc of said curve a distance of 332.94 feet said arc being subtended by a chord which bears N 24°06'18" E, a distance of 311.79 feet to the curves end; thence N 11°37'07" W, a distance of 1223.86 feet to the beginning of a curve concave Southeasterly having a radius of 233.00 feet and a central angle of 116°23'25"; thence on the arc of said curve a distance of 473.31 feet said arc being subtended by a chord which bears N 46°34'36" E, a distance of 396.03 feet to the curves end; thence S 75°13'42" E, a distance of 1327.37 feet; thence S 78°01'36" E, a distance of 518.35 feet; thence S 63°38'56" E, a distance of 2303.63 feet; thence S 72°22'36" E, a distance of 146.11 feet to the beginning of a curve concave Southwesterly having a radius of 85.00 feet and a central angle of 69°39'15; thence on the arc of said curve a distance of 103.33 feet said arc being subtended by a chord which bears S 37°32'58" E, a distance of 97.09 feet to the curves end; thence S 2°43'21" E, a distance of 1294.37 feet; thence S 19°28'38" E, a distance of 248.00 feet; thence S 2°20'20" E, a distance of 463.96 feet; thence departing the Centerline of the Maintained Right of Way of “Relay Road 21”, S 88°49'10" E, a distance of 1177.70 feet; thence N 46°39'50" E, a distance of 221.07 feet; thence N 14°37'45" E, a distance of 307.75 feet; thence N 63°32'28" E, a distance of 422.87 feet; thence S 85°26'12" E, a distance of 400.06 feet; thence S 75°16'42" E, a distance of 235.73 feet; thence S 47°50'56" E, a distance of 357.80 feet; thence S 27°30'57" E, a distance of 347.29 feet; thence S 71°45'23" E, a distance of 188.69 feet; thence S 40°04'33" E, a distance of 712.94 feet; thence S 27°24'47" E, a distance of 424.67 feet; thence S 5°17'48" E, a distance of 526.22 feet; thence S 61°46'39" E, a distance of 265.05 feet; thence N 16°56'59" E, a distance of 208.92 feet; thence N 12°16'37" E, a distance of 321.13 feet; thence N 20°34'25" E, a distance of 394.57 feet; thence N 63°59'11" E, a distance of 237.48 feet; thence N 40°36'39" E, a distance of 302.36 feet; thence N 71°39'06" E, a distance of 147.23 feet; thence S 68°11'27" E, a distance of 403.35 feet to a point on the Westerly Right of Way line of a Florida Power and Light Company Right of Way as recorded in, Official Records Book 215, Page 141 of the Public Records of Flagler County, Florida; thence on the Westerly Right of Way line of said Florida Power and Light Company Right of Way through the following courses: S 0°26'57" E, a distance of 1278.44 feet; thence S 89°33'03" W, a distance of 100.00 feet; thence S 0°26'57" E, a distance of 69.06 feet; thence S 22°02'08" E, a distance of 69.06 feet; thence N 67°57'52" E, a distance of 100.00 feet; thence S 22°02'08" E, a distance of 5280.14 feet; thence S 42°58'43" W, a distance of 3178.33 feet; thence N 47°01'17" W, a distance of 50.00 feet; thence S 42°58'43" W, a distance of 120.11 feet; thence S 0°50'45" E, a distance of 120.11 feet; thence N 89°09'15" E, a distance of 50.00 feet; thence S 0°50'45" E, a distance of 11120.02 feet; thence S 1°00'03" E, a distance of 781.70 feet to the POINT OF BEGINNING.

            Together with:

 

PARCEL 2 – TRACT “F”

 

A parcel of land lying in Sections 12, 13 and 24, Township 14 South, Range 29 East, Flagler County, Florida, and lying in Sections 5, 6, 7, 8, 17 and 18, Township 14 South, Range 30 East, Flagler County, Florida and being more particularly described as follows:

COMMENCE at the Northeast Corner of Section 6, Township 14 South, Range 30 East, Flagler County, Florida for the POINT OF BEGINNING; thence on the North line of said Section 6, S 89°45'33" W, a distance of 2593.13 feet to a point on the Easterly Right of Way line of State Road 11 (a variable width Right of Way per Florida Department of Transportation Right of Way Maps Section 7305-1237) said point being on a curve concave Southeasterly having a radius of 2939.79 feet and a central angle of 26°32'24”; thence departing said North line and on the Easterly Right of Way line of said State Road 11 and on the arc of said curve a distance of 1361.74 feet said arc being subtended by a chord which bears S 13°08'50" W, a distance of 1349.60 feet to the curves end; thence continue on said Easterly Right of Way line through the following courses: S 26°25'02" W, a distance of 2034.28 feet; thence S 63°34'58" E, a distance of 47.50 feet; thence S 26°25'02" W, a distance of 15200.38 feet to a point on the Southerly Maintained Right of Way line of an Un-Named Forest Management Road (a Private Road); thence departing the Easterly Right of Way line of said State Road 11 and on the Southerly and Easterly Maintained Right of Way line of said Un-Named Forest Management Road through the following courses: N 85°32'18" E, a distance of 478.40 feet; thence N 82°31'02" E, a distance of 145.70 feet; thence N 88°08'58" E, a distance of 914.53 feet; thence S 67°41'49" E a distance of, 483.36 feet; thence S 68°05'09" E, a distance of 382.72 feet; thence N 89°06'42" E, a distance of 421.46 feet; thence S 71°40'23" E, a distance of 183.41 feet; thence N 75°42'29" E, a distance of 479.29 feet; thence N 70°18'39" E, a distance of 1173.27 feet; thence N 1°19'52" W, a distance of 84.93 feet; thence N 29°56'34" W, a distance of 72.33 feet; thence N 60°26'33" W, a distance of 182.44 feet; thence N 28°46'19" W, a distance of 279.51 feet; thence N 7°10'19" W, a distance of 208.33 feet; thence N 54°45'50" W, a distance of 165.66 feet; thence N 59°13'06" W, a distance of 130.55 feet; thence N 40°38'00" W, a distance of 201.78 feet; thence N 7°14'45" W, a distance of 142.69 feet; thence N 30°27'17" W, a distance of 348.70 feet; thence N 41°04'25" W, a distance of 63.36 feet; thence N 61°19'01" W, a distance of 77.91 feet; thence N 19°47'15" W, a distance of 98.52 feet; thence N 28°13'06" W, a distance of 50.52 feet; thence N 47°22'23" W, a distance of 68.18 feet; thence N 9°23'57" W, a distance of 105.09 feet; thence N 33°52'10" W, a distance of 274.06 feet; thence N 52°54'53" W, a distance of 189.54 feet; thence N 29°25'35" W, a distance of 212.63 feet; thence N 40°17'46" W, a distance of 50.15 feet; thence N 72°29'31" W, a distance of 93.59 feet; thence N 24°05'07" W, a distance of 62.87 feet; thence N 10°24'23" W, a distance of 111.71 feet; thence N 15°15'51" W, a distance of 127.93 feet; thence N 28°38'04" W, a distance of 514.83 feet; thence departing said Southerly and Easterly Maintained Right of Way line of said Un-Named Forest Management Road, N 89°50'18" E, a distance of 3111.09 feet to a point on the Southerly Maintained Right of Way line of “Relay Road 41” (a Private Road); thence on the Southerly Maintained Right of Way line said “Relay Road 41” and its Easterly projection, through the following courses: N 84°05'49" E, a distance of 640.34 feet; thence N 87°04'31" E, a distance of 1376.85 feet; thence N 85°37'18" E, a distance of 3308.37 feet to a point on the Easterly Maintained Right of Way line of “Relay Road 14” (a Private Road); thence on the Easterly Maintained Right of Way line of said “Relay Road 14”, through the following courses: N 1°38'24" W, a distance of 2408.29 feet; thence N 1°36'22" W, a distance of 2795.88 feet; thence N 1°30'45" W, a distance of 2591.53 feet; thence N 1°35'50" W, a distance of 3207.05 feet; thence N 2°03'07" W, a distance of 2009.45 feet to the POINT OF BEGINNING.

Together With:

PARCEL 2 - TRACT “G”

A parcel of land lying in Sections 32 and 33, Township 13 South, Range 30 East, Flagler County, Florida and lying in Section 4, Township 14 South, Range 30 East, Flagler County, Florida and being more particularly described as follows:

BEGIN at the Northwest corner of Section 32, Township 13 South, Range 30 East, Flagler County, Florida; thence on the North line of said Section 32, N 88°43'17" E, a distance of 5344.33 feet to the Northwest corner of Section 33, Township 13 South, Range 30 East, Flagler County, Florida; thence departing the North line of said Section 32 and on the North line of said Section 33, N 89°02'16" E, a distance of 5327.65 feet to a point on the Westerly Right of Way line of a Florida Power and Light Company Right of Way as recorded in, Official Records Book 215, Page 141 of the Public Records of Flagler County, Florida; thence departing said North line and on the Westerly Right of Way line of said Florida Power and Light Company Right of Way through the following courses; S 1°04'34" E, a distance of 1032.17 feet; thence S 0°26'57" E, a distance of 5227.11 feet; thence departing said Westerly Right of Way line, N 68°11'27" W, a distance of 403.35 feet; thence S 71°39'06" W, a distance of 147.23 feet; thence S 40°36'39" W, a distance of 302.36 feet; thence S 63°59'11" W, a distance of 237.48 feet; thence S 20°34'25" W, a distance of 394.57 feet; thence S 12°16'37" W, a distance of 321.13 feet; thence S 16°56'59" W, a distance of 208.92 feet; thence N 61°46'39" W, a distance of 265.05 feet; thence N 5°17'48" W, a distance of 526.22 feet; thence N 27°24'47" W, a distance of 424.67 feet; thence N 40°04'33" W, a distance of 712.94 feet; thence N 71°45'23" W, a distance of 188.69 feet; thence N 27°30'57" W, a distance of 347.29 feet; thence N 47°50'56" W, a distance of 357.80 feet; thence N 75°16'42" W, a distance of 235.73 feet; thence N 85°26'12" W, a distance of 400.06 feet; thence S 63°32'28" W, a distance of 422.87 feet; thence S 14°37'45" W, a distance of 307.75 feet; thence S 46°39'50" W, a distance of 221.07 feet; thence N 88°49'10" W, a distance of 1177.70 feet; thence N 2°20'20" W, a distance of 463.96 feet; thence N 19°28'38" W, a distance of 248.00 feet; thence N 2°43'21" W, a distance of 1294.37 feet to a point on the Centerline of the Maintained Right of Way of “Relay Road 21” (a Private Road) said point being on a curve concave Southwesterly having a radius of 85.00 feet and a central angle of 69°39'15"; thence on the Centerline of the Maintained Right of Way of said “Relay Road 21” and the arc of said curve, a distance of 103.33 feet said arc being subtended by a chord which bears N 37°32'58" W, a distance of 97.09 feet to the curves end; thence continue on the Centerline of the Maintained Right of Way of said “Relay Road 21” through the following courses: N 72°22'36" W, a distance of 146.11 feet; thence N 63°38'56" W, a distance of 2303.63 feet; thence N 78°01'36" W, a distance of 518.35 feet; thence N 75°13'42" W, a distance of 1327.37 feet to the beginning of a curve concave Southeasterly, having a radius of 233.00 feet and a central angle of 116°23'25"; thence on the arc of said curve a distance of 473.31 feet said arc being subtended by a chord which bears S 46°34'36" W, a distance of 396.03 feet to the curves end; thence S 11°37'07" E, a distance of 1223.86 feet to the beginning of a curve concave Northwesterly, having a radius of 267.00 feet and a central angle of 71°26'49"; thence on the arc of said curve a distance of 332.94 feet said arc being subtended by a chord which bears S 24°06'18" W, a distance of 311.79 feet to the curves end; thence S 59°49'42" W, a distance of 438.34 feet to the beginning of a curve concave Southeasterly, having a radius of 335.85 feet and a central angle of 71°05'56"; thence on the arc of said curve a distance of 416.76 feet said arc being subtended by a chord which bears S 24°16'44" W, a distance of 390.53 feet to the curves end; thence S 11°16'14" E, a distance of 606.06 feet; thence S 6°37'03" E, a distance of 536.01 feet; thence S 0°25'59" W, a distance of 150.18 feet; thence departing the Centerline of the Maintained Right of Way of said “Relay Road 21”, S 88°46'57" W, a distance of 687.93 feet to the Southwest corner of aforesaid Section 32, Township 13 South, Range 30 East, Flagler County, Florida; thence on the West line of said Section 32, N 1°27'57" W, a distance of 5551.65 feet to the POINT OF BEGINNING.

            Together With:

 

PARCEL 2 - TRACT “H”

 

A parcel of land lying in Sections 21 and 28, Township 13 South, Range 30 East, Flagler County, Florida and being more particularly described as follows:

 

Commence at the Northeast corner of Section 21, Township 13 South, Range 30 East, Flagler County, Florida; thence on the East line of said Section 21, S 01°38'28" E, a distance of 2912.85 feet the POINT OF BEGINNING; thence continue on said East line, S 01°38'28" E, a distance of 730.84 feet to a point on the Westerly line of a Florida Power & Light Company Right of Way as described in Official Records Book 215, Page 141 of the Public Records of Flagler County, Florida; thence departing said East line and on the Westerly Right of Way line of said Florida Power & Light Company Right of Way as described in Official Records Book 215, Page 141 of the Public Records of Flagler County, Florida through the following courses: S 26°20'10" W, 81.11 feet; thence N 63°39'50" W, a distance of 100.00 feet; thence S 26°20'10" W, a distance of 75.03 feet; thence S 01°46'19" E, 75.03 feet; thence N 88°13'41" E, a distance of 100.00 feet; thence S 01°46'19" E, a distance of 2623.85 feet; thence S 01°04'34" E, a distance of 4164.37 feet to a point on the South line of Section 28, Township 13 South, Range 30 East, Flagler County, Florida; thence departing said Westerly Right of Way line and on the South line of said Section 28, S 89°02'16" W, a distance of 5327.65 feet to the Southwest corner of said Section 28; thence departing said South line and on the West line of said Section 28, N 01°44'05" W, a distance of 5336.53 feet to the Northwest corner of said Section 28, the same being the Southwest corner of aforesaid Section 21; thence on the West line of said Section 21, N 00°36'48" W, a distance of 2959.76 feet to a point on the South line of a parcel of land as described in Official Records Book 1325, Page 871 of the Public Records of Flagler County, Florida; thence on said South line through the following courses: N 89°23'12" E, a distance of 2873.95 feet; thence S 43°02'23" E,  a distance of 383.63 feet to the beginning of a curve concave Southwesterly having a radius of 25.00 feet and a central angle of 66°53'45"; thence on the arc of said curve a distance of 29.19 feet said arc being subtended by a chord which bears S 09°35'31" E, a distance of 27.56 feet to the curves end and a point of reverse curvature a curve concave Northeasterly having a radius of 54.00 feet and a central angle of 156°53'45"; thence on the arc of said curve a distance of 147.87 feet said arc being subtended by a chord which bears S 54°35'31" E, a distance of 105.81 feet to the curves end; thence N 46°57'37" E, a distance of 54.00 feet; thence S 43°02'23" E, a distance of 325.77 feet; thence N 89°25'06" E, a distance of 1908.32 to the POINT OF BEGINNING.

Together With:

PARCEL 2 - TRACT “I”

 

A parcel of land lying in Sections 10, 15, 16 and 22, Township 13 South, Range 30 East, Flagler County, Florida and being a portion of the subdivision of BUNNELL DEVELOPMENT COMPANY’S LAND at BUNNELL FLORIDA as recorded in Plat Book 1, Page 1, of the Public Records of Flagler County, Florida and being more particularly described as follows:

BEGIN at the Southeast corner of Section 16, Township 13 South, Range 30 East, Flagler County, Florida; thence on the South line of said Section 16, N 89°36'11" W, a distance of 2671.24 feet to the Southwest corner of the Southeast 1/4 of said Section 16; Thence departing said South line and on the West line of the Southeast 1/4 of said Section 16, N 1°32'31" W, a distance of 1328.92 feet to the Northeast corner of the South 1/2 of the Southwest 1/4 of said Section 16; thence departing said West line and on the North line of the South 1/2 of the Southwest 1/4 of said Section 16, N 89°55'51" W, a distance of 805.85 feet to the Southeasterly Right of Way line of State Road 304 (a variable width Right of Way per Florida Department of Transportation Right of Way Maps Section 73510-2601); thence departing said North line and on the Southeasterly Right of Way line of said State Road 304 through the following courses: N 41°47'02" E, a distance of 828.22 feet; thence S 48°12'58" E, a distance of 25.00 feet; thence N 41°47'02" E, a distance of 2771.95 feet to a point on the North line of the Southeast 1/4 of the Northeast 1/4 of aforesaid Section 16; thence departing said Southeasterly Right of Way line and on the North line of the Southeast 1/4 of the Northeast 1/4 of said Section 16, N 89°38'48" E, a distance of 979.85 feet to the Southwest corner of the Northwest 1/4 of the Northwest 1/4 of Section 15, Township 13 South, Range 30 East, Flagler County, Florida; thence departing said North line and on the West line of the Northwest 1/4 of the Northwest 1/4 of said Section 15, N 1°38'39" W, a distance of 1057.12 feet to the Southeasterly Right of Way line of State Road 304 (a variable width Right of Way per Florida Department of Transportation Right of Way Maps Section 73510-2601); thence departing said West line and on the Southeasterly Right of Way line of said State Road 304, N 41°45'47" E, a distance of 1395.30 feet to a point on the Westerly Right of Way line of a Florida Power and Light Company Right of Way as recorded in, Official Records Book 215, Page 141 of the Public Records of Flagler County, Florida; thence departing the Southeasterly Right of Way line of said State Road 304 and on the Westerly Right of Way line of said Florida Power and Light Company Right of Way, S 16°41'34" E, a distance of 2994.33 feet to a point on the North line of the South 1/2 of Track 10, Block B of the subdivision of BUNNELL DEVELOPMENT COMPANY’S LAND at BUNNELL FLORIDA as recorded in Plat Book 1, Page 1, of the Public Records of Flagler County, Florida; thence departing said Westerly Right of Way line and on the North line of the South 1/2 of said Track 10, Block B, N 86°41'51" W, a distance of 414.48 feet to the Northwest corner of the of the South 1/2 of said Track 10, Block B;  thence departing said North line and on the West line of the South 1/2 of said Track 10, Block B, S 1°44'51" E, a distance of 669.93 feet to the Southwest corner of said Track 10, Block B; thence departing said West line and on the South line of said Track 10, Block B, S 86°43'47" E, a distance of 598.21 feet to a point on the Westerly Right of Way line of aforesaid Florida Power and Light Company Right of Way as recorded in, Official Records Book 215, Page 141 of the Public Records of Flagler County, Florida; thence departing said South line and on the Westerly Right of Way line of said Florida Power and Light Company Right of Way through the following courses: S 16°41'34" E, a distance of 1750.17 feet; thence S 26°20'10" W, a distance of 5062.48 feet to a point on the West line of Section 22, Township 13 South, Range 30 East, Flagler County, Florida; thence departing said Westerly Right of Way line and on the West line of said Section 22, N 1°38'28" W, a distance of 3643.68 feet to the Point of Beginning.

            Together With:

 

PARCEL 2 - TRACT “J”

 

A parcel of land lying in Sections 31 and 32, Township 14 South, Range 30 East, Sections 3,4,9,10,11,13,14 and 15, Township 15 South, Range 30 East and in Sections 17 and 18, Township 15 South, Range 31 East, all lying and being in Volusia County, Florida and being more particularly described as follows:

 

Commence at the Northeast corner of Section 32, Township 14 South, Range 30 East, Volusia County, Florida; thence on the North line of said Section 32, S 89° 26’ 37” W, a distance of 929.66 feet to a point 20 feet West of the centerline of a Forest Management Road locally known as Forest Management Road “B”, said point being the POINT OF BEGINNING; thence departing said North line and on a line 20 feet West of the centerline of aforesaid Forest Management Road “B” through the following courses, S 29° 00’ 58” W, a distance of 710.66 feet; thence S 44° 52’ 43” W, a distance of 438.82 feet; thence S 35° 05’ 04” W, a distance of 724.86 feet; thence S 35° 16’ 31” W, a distance of 697.29 feet; thence S 34° 25’ 28” W, a distance of 638.85 feet; thence S 05° 09’ 02” E, a distance of 654.24 feet; thence S 00° 07’ 38” W, a distance of 157.15 feet; thence S 13° 13’ 29” W, a distance of 121.87 feet; thence S 16° 22’ 41” W, a distance of 711.44 feet; thence S 02° 05’ 12” W, a distance of 406.43 feet; thence S 06° 45’ 50” E, a distance of 912.39 feet; thence S 06° 53’ 15” E, a distance of 852.23 feet to the Northerly Right of Way line of State Road 40, a 200 feet wide Right of Way per Florida Department of Transportation Right of Way Map, Section 79100-2503; thence on said Northerly Right of Way line of State Road 40, S 74° 23’ 23” W, a distance of 3070.73 feet to a point at the beginning of a curve concave to the North having a radius of 5661.65 feet and a central angle of 07° 46’ 30”; thence departing the Northerly Right of Way line of aforesaid State Road 40 and on the meander line between an existing pine plantation and jurisdictional wetland, in a Northwesterly direction, a distance of 2272 feet, more or less to a point hereafter referred to as “Point A” said “Point A” being 20 feet East of the centerline of a Forest Management Road locally known as Forest Management Road “A” and said “Point A” bearing N 50° 15’ 49” W, a distance of 2075.89 feet from the aforementioned beginning of curve; thence departing said meander line and on a line 20 feet East of the centerline of  aforesaid Forest Management Road “A” through the following courses, N 16° 44’ 18” E, a distance of 71.03 feet; thence N 10° 38’ 13” W, a distance of 1352.46 feet; thence N 10° 40’ 05” W, a distance of 1291.34 feet; thence N 13° 34’ 29” W, a distance of 344.53 feet; thence N 21° 33’ 25” W, a distance of 1169.70 feet; thence N 21° 56’ 54” W, a distance of 653.58 feet; thence N 21° 36’ 29” W, a distance of 769.11 feet; thence N 40° 46’ 37” W, a distance of 527.19 feet to a point on the North line of Section 31, Township 14 South, Range 30 East, Volusia County, Florida; thence on the North line of said Section 31, N 89° 26’ 37” E, a distance of 3865.19 feet to the Northeast corner of said Section 31, the same being the Northwest corner of aforesaid Section 32, Township 14 South, Range 30 East, Volusia County, Florida; thence on the North line of said Section 32, N 89° 26’ 37” E, a distance of 4349.80 feet to the POINT OF BEGINNING.

 

            Together With:

 

PARCEL 2 – TRACT “K”

 

Commence at the Southeast corner of Section 17, Township 15 South, Range 31 East, Volusia County, Florida; thence on the South line of said Section 17, S 88° 39’ 52” W, a distance of 5311.55 feet to the Southwest corner of said Section 17, the same being the Southeast corner of Section 18, Township 15 South, Range 31 East, Volusia County, Florida; thence on the South line of said Section 18, S 88° 39’ 52” W, a distance of 5316.86 feet to the Southwest corner of said Section 18, the same being the Southeast corner of Section 13, Township 15 South, Range 30 East, Volusia County, Florida; thence on the South line of said Section 13, S 88° 59’ 03” W, a distance of 828.38 feet to a point on the Westerly line of a Florida Power and Light Company Right of Way as recorded in Official Records Book 2452, Page 540 of the Public Records of Volusia County, Florida, said point being the POINT OF BEGINNING; thence continue on the South line of said Section 13, S 88° 59’ 03” W, a distance of 4483.97 feet to the Southwest corner of said Section 13, the same being the Southeast corner of Section 14, Township 15 South, Range 30 East, Volusia County, Florida; thence on the South line of said Section 14, S 88° 42’ 00” W, a distance of 2638.88 feet to the Southeast corner of the Southwest 1/4 of said Section 14; thence continue on the South line of said Section 14, S 88° 44’ 35” W, a distance of 2633.47 feet to the Southwest corner of said Section 14, the same being the Southeast corner of Section 15, Township 15 South, Range 30 East, Volusia County, Florida; thence on the South line of the East 1/2 of said Section 15, S 89° 24’ 13” W, a distance of 2668.10 feet to the Southwest corner of the East 1/2 of said Section 15; thence departing said South line and on the West line of the East 1/2 of said Section 15, N 00° 27’ 35” W, a distance of 1339.92 feet to the Southeast corner of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of said Section 15; thence departing said West line and on the South line of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of said Section 15, S 89° 21’ 21” W, a distance of 667.60 feet to the Southwest corner of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of said Section 15; thence departing said South line and on the West line of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of said Section 15, N 00° 29’ 03” W, a distance of 1339.36 feet to the Northwest corner of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of said Section 15; thence departing said West line and on the South line of the Northwest 1/4 of said Section 15, S 89° 18’ 30” W, a distance of 2004.51 feet to the Southwest corner of the Northwest 1/4 of said Section 15; thence departing said South line and on the West line of the Northwest 1/4 of said Section 15, N 00° 33’ 27” W, a distance of 2681.18 feet to the Northwest corner of said Section 15, the same being the Southeast corner of Section 9, Township 15 South, Range 30 East, Volusia County, Florida; thence departing said West line and on the South line of the East 1/2 of said Section 9, S 88° 52’ 36” W, a distance of 2610.14 feet to the Southwest corner of the East 1/2 of said Section 9; thence departing said South line and on the West line of the East 1/2 of said Section 9, N 01° 34’ 25” W, a distance of 5270.67 feet to the Northwest corner of the East 1/2 of said Section 9, the same being the Southwest corner of the East 1/2 of Section 4, Township 15 South, Range 30 East, Volusia County, Florida; thence on the  West line of the East 1/2 of said Section 4, N 00° 16’ 16” W, a distance of 2972.04 feet to a point on the Southerly Right of Way line of State Road 40, a 200 feet wide Right of Way per Florida Department of Transportation Right of Way Map, Section 79100-2503, said point being on a curve concave to the North having a radius of 5861.65 feet and a central angle of 06° 51’ 35”; thence departing said West line and on said Southerly Right of Way line of State Road 40 and on the arc of said curve a distance of 701.78 feet, said arc being subtended by a chord which bears N 77° 49’ 10” E, a distance of 701.36 feet to the curves end; thence continue on said Southerly Right of Way line of State Road 40, N 74° 23’ 23” E, a distance of 3071.83 feet to a point 20 feet West of the centerline of a Forest Road locally known as Forest Management Road “B”; thence departing the Southerly Right of Way line of State Road 40 and on a line 20 feet West of the centerline of aforesaid Forest Management Road “B” through the following courses, S 18° 33’ 39” E, a distance of 937.03 feet; thence S 18° 45’ 34” E, a distance of 709.38 feet; thence S 18° 32’ 13” E, a distance of 496.41 feet; thence S 26° 53’ 00” E, a distance of 89.78 feet; thence S 49° 23’ 17” E, a distance of 103.20 feet; thence S 59° 04’ 17” E, a distance of 279.13 feet; thence S 52° 23’ 12” E, a distance of 124.74 feet; thence S 32° 27’ 25” E, a distance of 231.99 feet; thence S 32° 03’ 38” E, a distance of 241.75 feet; thence S 34° 35’ 32” E, a distance of 598.98 feet; thence S 39° 26’ 42” E, a distance of 171.82 feet; thence S 44° 13’ 57” E, a distance of 1374.87 feet; thence S 40° 58’ 25” E, a distance of 1023.75 feet; thence S 40° 57’ 20” E, a distance of 1522.12 feet; thence S 41° 52’ 28” E, a distance of 1301.42 feet; thence S 22° 14’ 32” E, a distance of 113.06 feet; thence S 12° 01’ 10” E, a distance of 1003.87 feet; thence S 11° 38’ 03” E, a distance of 700.17 feet to a point on the North line of Section 14, Township 15 South, Range 30 East, Volusia County, Florida; thence on the North line of said Section 14, N 88° 55’ 30” E, a distance of 3990.49 feet to Northeast corner of said Section 14, the same being the Northwest corner of Section 13, Township 15 South, Range 30 East, Volusia County, Florida; thence on the North line of said Section 13, N 89° 22’ 49” E, a distance of 3305.64 feet to a point on the Westerly line of the aforesaid Florida Power and Light Company Right of Way as recorded in Official Records Book 2452, Page 540 of the Public Records of Volusia County, Florida; thence departing said North line and on the Westerly line of said Florida Power and Light Company Right of Way, S 21° 25’ 08” E, a distance of 1264.30 feet ; thence continue on the Westerly line of said Florida Power and Light Company Right of Way, S 10° 39’ 05” E, a distance of 4200.89 feet to the POINT OF BEGINNING.

 


            Together With:

 

PARCEL 2 – TRACT “L”

 

Commence at the Southeast corner of Section 17, Township 15 South, Range 31 East, Volusia County, Florida; thence on the South line of said Section 17, S 88° 39’ 52” W, a distance of 1327.89 feet to the Southeast corner of the Southwest 1/4 of the Southeast 1/4 of said Section 17 and the POINT OF BEGINNING; thence continue on the South line of said Section 17, S 88° 39’ 52” W, a distance of 3983.66 feet to Southwest corner of said Section 17, the same being the Southeast corner of Section 18, Township 15 South, Range 31 East, Volusia County, Florida; thence on the South line of said Section 18, S 88° 39’ 52” W, a distance of 5316.86 feet to the Southwest corner of said Section 18, the same being the Southeast corner of Section 13, Township 15 South, Range 30 East, Volusia County, Florida; thence on the South line of said Section 13, S 88° 59’ 03” W, a distance of 524.08 feet to a point on the Easterly line of a Florida Power and Light Company Right of Way as recorded in Official Records Book 2452, Page 540 of the Public Records of Volusia County, Florida; thence departing said South line and on the Easterly line of said Florida Power and Light Company Right of Way, N 10° 39’ 05” W, a distance of 351.79 feet; thence continue on the Easterly line of said Florida Power and Light Company Right of Way, N 10° 13’ 38” W, a distance of 4090.33 feet ; thence continue on the Easterly line of said Florida Power and Light Company Right of Way, N 21° 25’ 07” W, a distance of 1002.42 feet to the North line of aforesaid Section 13, Township 15 South, Range 30 East, Volusia County, Florida; thence departing said Easterly line of said Florida Power and Light Company Right of Way and on the North line of said Section 13, N 89° 22’ 49” E, a distance of 1593.79 feet to the Northeast corner of said Section 13, the same being the Northwest corner of aforesaid Section 18, Township 15 South, Range 31 East, Volusia County, Florida; thence on the North line of said Section 18, N 89° 07’ 44” E, a distance of 5266.05 feet to the Northeast corner of said Section 18, the same being the Northwest corner of aforesaid Section 17, Township 15 South, Range 31 East, Volusia County, Florida; thence on the North line said Section 17, N 88° 46’ 28” E, a distance of 1334.66 feet to the Northeast corner of the West 1/2 of the Northwest 1/4 of said Section 17; thence departing said North line and on the East line of the West 1/2 of the Northwest 1/4 of said Section 17, S 01° 25’ 22” E, a distance of 2633.79 feet to the Southeast corner of the West 1/2 of the Northwest 1/4 of said Section 17; thence departing said East line and on the South line of the West 1/2 of the Northwest 1/4 of said Section 17, S 88° 43’ 11” W, a distance of 1331.27 feet to the Southwest corner of the West 1/2 of the Northwest 1/4 of said Section 17; thence departing said South line and on the West line of said Section 17, S 01° 29’ 47” E, a distance of 1317.54 feet to the Northwest corner of the South 1/2 of the Southwest 1/4 of said Section 17; thence departing said West line and on the North line of the South 1/2 of the Southwest 1/4 of said Section 17 and on the North line of the Southwest 1/4 of the Southeast 1/4 of said Section 17,  N 88° 41’ 31” E, a distance of 3988.73 feet to the Northeast corner of the Southwest 1/4 of the Southeast 1/4 of said Section 17; thence departing said North lines and on the East line of the Southwest 1/4 of the Southeast 1/4 of said Section 17, S 01° 16’ 32” E, a distance of 1315.61 feet to the POINT OF BEGINNING.

 

DESCRIPTION:  PARCEL 3

 

PARCEL 3 - TRACT “A”

 

A parcel of land lying in Section 36, Township 14 South, Range 29 East, Section 31, Township 14 South, Range 30 East and in Sections 4 and 5, Township 15 South, Range 30 East, all lying and being in Volusia County, Florida and being more particularly described as follows:

 

BEGIN at the Northwest corner of Section 31, Township 14 South, Range 30 East, Volusia County, Florida; thence on the North line of said Section 31, N 89° 26’ 37” E, a distance of 1414.27 feet to a point 20 feet East of the centerline of a Forest Management Road locally known as Forest Management Road “A”; thence departing the North line of said Section 31 and on a line 20 feet East of the centerline of aforesaid Forest Management Road “A” through the following courses: S 40°46'37" E, a distance of 527.19 feet; thence S 21°36'29" E, a distance of 769.11 feet; thence S 21°56'54" E, a distance of 653.58 feet; thence S 21°33'25" E, a distance of 1169.70 feet; thence S 13°34'29" E, a distance of 344.53 feet; thence S 10°40'05" E, a distance of 1291.34 feet; thence S 10°38'13" E, a distance of 1352.46 feet; thence S 16°44'18" W, a distance of 71.03 feet to a point hereafter referred to as “POINT A”; thence returning to the POINT OF BEGINNING proceed on the North line of Section 36, Township 14 South, Range 29 East, Volusia County, Florida, S 89°38'06" W, a distance of 2993.67 feet; to a point on the Easterly Right of Way Line of State Road 11 (a 200 foot right of way, per Florida Department of Transportation Right of Way Maps Sections 7909-104 & 79100-2901); thence departing said North line and on said Easterly Right of Way Line, S 4°38'21" E, a distance of 5362.16 feet to a point on the South line of aforesaid Section 36, Township 14 South, Range 29 East, Volusia County, Florida; thence departing said Easterly Right of Way Line and on the South line of said Section 36 the same being the North Line of the Northwest 1/4 of Section 5, Township 15 South, Range 30 East, Volusia County, Florida, N 88°46'28" E, a distance of 1497.46 feet to the Northwest corner of the Northeast 1/4 of Section 5, Township 15 South, Range 30 East, Volusia County, Florida; thence continue on the South Line of aforesaid Section 36 the same being the North Line of the Northeast 1/4 of Section 5, Township 15 South, Range 30 East, Volusia County, Florida, N 89°06'19" E, a distance of 1320.86 feet; thence departing said North and South lines, S 0°02'24" E, a distance of 2447.12 feet to a point on the Northerly Limited Access Right of Way Line of State Road 40 (per Florida Department of Transportation Right of Way Maps Sections 79100-2503); thence on said Northerly Limited Access Right of Way Line and Northerly Right of Way Line of State Road 40 through the following courses: N 82°09'53" E, a distance of 633.43 feet; thence S 7°50'07" E, 50.00 feet a point on the Northerly Right of Way Line of State Road 40 (a 200 foot right of way, per Florida Department of Transportation Right of Way Maps Sections 79100-2503); thence continue on said Northerly Right of Way Line of State Road 40 through the following courses: N 82°09'53" E, a distance of 3245.96 feet to the beginning of a curve concave Northwesterly having a radius of 5661.65 feet and a central angle of 7°46'30"; thence on the arc of said curve a distance of 768.28 feet said arc being subtended by a chord that bears N 78°16'38" E, a distance of 767.69 feet to the curves end and a point on a meandering line between an existing pine plantation and wetland said point bearing S 50°15'49" E, a distance of 2075.89 feet from aforesaid “POINT A”; thence departing the Northerly Right of Way Line of State Road 40 and on said meander line between an existing pine plantation and wetland, Northwesterly, a distance of 2272 feet, more or less to aforesaid “POINT A” to close.

 

LESS Maintained Right of Way for Clifton Cemetery Road, a County Maintained Right of Way.

 

Together With:

PARCEL 3 – TRACT “B”

 

A parcel of land lying in Sections 28, 29, 32 and 33, Township 14 South, Range 30 East, and in Sections 2 and 3, Township 15 South, Range 30 East, all lying and being in Volusia County, Florida and being more particularly described as follows:

 

Begin at the Northwest corner of Section 28, Township 14 South, Range 30 East, Volusia County, Florida; thence on the North line of said Section 28, N 89°49'43" E, a distance of 4718.82 feet to a point on the Westerly Right of Way Line of a Florida Power & Light Company Right of Way as recorded in Official Records Book 2452, Page 540 of the Public Records of Volusia County, Florida; thence departing the North line of said Section 28 and on the Westerly Right of Way Line of said Florida Power & Light Company Right of Way through the following courses: S 1°00'03" E, a distance of 6622.81 feet; thence S 88°59'57" W, a distance of 100.00 feet; thence S 1°00'03" E, a distance of 68.01 feet; thence S 21°24'53" E, a distance of 68.01 feet; thence N 68°35'07" E, a distance of 100.00 feet; thence S 21°24'53" E, a distance of 2921.78 feet to a point on the Northerly Right of Way Line of State Road 40 (a 200 foot right of way, per Florida Department of Transportation Right of Way Map Sections 79100-2503); thence departing said Westerly Right of Way Line and on the Northerly Right of Way Line of said State Road 40, S 74°23'23" W, a distance of 8883.67 feet to a point 20 feet West of the centerline of a Forest Management Road locally known as Forest Management Road “B”; thence departing the Northerly Right of Way Line of said State Road 40 on a line 20 feet West of the centerline of aforesaid Forest Management Road “B” through the following courses: N 6°53'15" W, a distance of 852.23 feet; thence N 6°45'50" W, a distance of 912.39 feet; thence N 2°05'12" E, a distance of 406.43 feet; thence N 16°22'41" E, a distance of 711.44 feet; thence N 13°13'29" E, a distance of 121.87 feet; thence N 0°07'38" E, a distance of 157.15 feet; thence N 5°09'02" W, a distance of 654.24 feet; thence N 34°25'28" E, a distance of 638.85 feet; thence N 35°16'31" E, a distance of 697.29 feet; thence N 35°05'04" E, a distance of 724.86 feet; thence N 44°52'43" E, a distance of 438.82 feet; thence N 29°00'58" E, a distance of 710.66 feet to a point on the South Line of Section 29, Township 14 South, Range 30 East, Volusia County, Florida; thence on the South Line of said Section 29, N 89°26'37" E, a distance of 269.52 feet to the Southwest corner of the East 1/2 of the East 1/4 of said Section 29; thence departing the South line of said Section 29 and on the West Line of the East 1/2 of the East 1/4 of said Section 29, N 1°07'29" W, a distance of 5409.16 feet to the Northwest corner of the East 1/2 of the East 1/4 of said Section 29; thence departing said West Line and on the North line of the East 1/2 of the East 1/4 of said Section 29,  N 88°47'01" E, a distance of 662.33 feet to the POINT OF BEGINNING.

 

            Together With:

 

PARCEL 3 – TRACT “C”

 

A parcel of land lying in Sections 27, 28, 33 and 34, Township 14 South, Range 30 East, all lying and being in Volusia County, Florida and being more particularly described as follows:

 

Begin at the Northeast corner of Section 27, Township 14 South, Range 30 East, Volusia County, Florida; thence on the East Line of said Section 27, S 0°43'05" E, a distance of 5281.63 feet to the Southeast corner of said Section 27, the same being the Northeast corner of Section 34, Township 14 South, Range 30 East, Volusia County, Florida; thence departing the East Line of said Section 27 and on the East Line of said Section 34, S 0°50'04" E, a distance of 2995.90 feet to a point on the Northerly Right of Way Line of State Road 40 (a 200 foot right of way, per Florida Department of Transportation Right of Way Map Sections 79100-2503); thence departing said East Line and on the Northerly Right of Way Line of said State Road 40 the same being on a curve concave Southerly having a radius of 2925.76 feet and a central angle of 18°35'49"; thence on the arc of said curve a distance of 949.64 feet, said arc being subtended by a chord that bears S 83°41'17" W, a distance of 945.48 feet to the curves end; thence continue on the Northerly Right of Way Line of said State Road 40, S 74°23'23" W, a distance of 3756.48 feet to a point on the Easterly Right of Way Line of a Florida Power & Light Company Right of Way as recorded in Official Records Book 2452, Page 540 of the Public Records of Volusia County, Florida; thence departing the Northerly Right of Way Line of State Road 40 and on the Easterly Right of Way Line of said Florida Power & Light Company Right of Way through the following courses: N 21°24'53" W, a distance of 2948.26 feet; thence N 1°00'03" W, a distance of 6614.46 feet to a point on the North Line of Section 28, Township 14 South, Range 30 East, Volusia County, Florida; thence departing said Easterly Line and on the North Line of said Section 28, N 89°49'43" E, a distance of 347.16 feet to the Northeast corner of said Section 28, the same being the Northwest corner of aforesaid Section 27, Township 14 South, Range 30 East, Volusia County, Florida; thence departing the North Line of aforesaid Section 28 and on the North line of said Section 27, N 89°38'58" E, 5292.80 feet to the POINT OF BEGINNING.

 

            Together With:

 

PARCEL 3 – TRACT “D”

 

A parcel of land lying in Sections 33 and 34, Township 14 South, Range 30 East, and in Sections 1,2,3,10,11 and 12, Township 15 South, Range 30 East, all lying and being in Volusia County, Florida and being more particularly described as follows:

 

BEGIN at the Southeast corner of Section 11, Township 15 South, Range 30 East, Volusia County, Florida; thence on the South line of said Section 11, S 88°55'30" W, a distance of 3990.49 feet to a point 20 feet West of the centerline of a Forest Management Road locally known as Forest Management Road “B”; thence departing the South line of said Section 11 and on a line 20 feet West of the centerline of aforesaid Forest Management Road “B” through the following courses: N 11°38'03" W, a distance of 700.17 feet; thence N 12°01'10" W, a distance of 1003.87 feet; thence N 22°14'32" W, a distance of 113.06 feet; thence N 41°52'28" W, a distance of 1301.42 feet; thence N 40°57'20" W, a distance of 1522.12 feet; thence N 40°58'25" W, a distance of 1023.75 feet; thence N 44°13'57" W, a distance of 1374.87 feet; thence N 39°26'42" W, a distance of 171.82 feet; thence N 34°35'32" W, a distance of 598.98 feet; thence N 32°03'38" W, a distance of 241.75 feet; thence N 32°27'25" W, a distance of 231.99 feet; thence N 52°23'12" W, a distance of 124.74 feet; thence N 59°04'17" W, a distance of 279.13 feet; thence N 49°23'17" W, a distance of 103.20 feet; thence N 26°53'00" W, a distance of 89.78 feet; thence N 18°32'13" W, a distance of 496.41 feet; thence N 18°45'34" W, a distance of 709.38 feet; thence N 18°33'39" W, a distance of 937.03 feet to a point on the Southerly Right of Way Line of State Road 40 (a 200 foot right of way, per Florida Department of Transportation Right of Way Map Sections 79100-2503); thence on said Southerly Right of Way Line of State Road 40, N 74°23'23" E, a distance of 8902.90 feet to a point on the Westerly Right of Way Line of a Florida Power & Light Company Right of Way as recorded in Official Records Book 2452, Page 540 of the Public Records of Volusia County, Florida; thence departing the Southerly Right of Way Line of said State Road 40 and on the Westerly Right of Way Line of said Florida Power & Light Company Right of Way through the following courses, S 21°24'53" E, a distance of 8620.26 feet; thence S 60°43'11" W, a distance of 197.04 feet; thence S 00°54'18" W, a distance of 3253.41 feet to a point on the South line of Section 12, Township 15 South, Range 30 East, Volusia County, Florida; thence departing the Westerly Right of Way line of said Power & Light Company Right of Way and on the South line of said Section 12, S 89°22'49" W, a distance of 1775.66 to the POINT OF BEGINNING.

 

Together With:

PARCEL 3 – TRACT “E”

 

A parcel of land lying in Sections 34 and 35, Township 14 South, Range 30 East, Sections 1, 2, and 12, Township 15 South, Range 30 East and in Section 7, Township 15 South, Range 31 East, all lying and being in Volusia County, Florida and being more particularly described as follows:

 

BEGIN at the Northeast corner of Section 12, Township 15 South, Range 30 East, Volusia County, Florida; thence on the East line of said Section 12, S 00°40'00" E, a distance of 2650.44 feet to the Northwest Corner of the South 1/2 of Section 7, Township 15 South, Range 31 East, Volusia County, Florida; thence departing said East line and on the North line of the South 1/2 of said Section 7, N 89°19'09" E, a distance of 5278.30 feet to the Northeast corner of the South 1/2 of said Section 7; thence departing said North line and on the East line of the South 1/2 of said Section 7, S 00°41'03" E, a distance of 2409.52 feet; to the Northeast corner of the South 230 feet of said Section 7 as recorded in Official Records Book 2622, Page 1169 of the Public Records of Volusia County, Florida; thence departing said East line and on the North line of the South 230 feet of said Section 7, S 89°07'44" W, a distance of 5267.09 feet to the Northwest corner of the South 230 feet of said Section 7; thence departing said North line and on the West line of the South 1/2 of said Section 7, N 00°56'56" W, a distance of 1275.69 feet to a point on the Easterly Right of Way Line of a Florida Power & Light Company Right of Way as recorded in Official Records Book 2452, Page 540 of the Public Records of Volusia County, Florida; thence departing said West line and on said Easterly Right of Way Line of said Florida Power & Light Company Right of Way through the following courses: N 35°48'21" W, a distance of 1384.61 feet; thence S 90°00'00" W, a distance of 1795.79 feet; thence N 21°24'53" W, a distance of 1273.78 feet; thence N 22°17'46" W, a distance of 3904.12 feet; thence N 21°24'53" W, a distance of 4287.20 feet to a point on the Southerly Right of Way Line of State Road 40 (a 200 foot right of way, per Florida Department of Transportation Right of Way Map Sections 79100-2503); thence departing the Easterly Right of Way Line of said Florida Power & Light Company Right of Way and on the Southerly Right of Way Line of said State Road 40 through the following courses: N 74°23'23" E, a distance of 3736.15 feet to the beginning of a curve concave Southerly having a radius of 2725.76 feet and a central angle of 23°10'10"; thence on the arc of said curve a distance of 1102.25 feet said arc being subtended by a chord that bears N 85°58'28" E, a distance of 1094.76 feet to the curves end; thence S 82°26'27" E, a distance of 1305.72 feet to a point on the West line of PLANTATION PINES (an unrecorded subdivision); thence departing said Southerly Right of Way line and on the West line of said PLANTATION PINES (an unrecorded subdivision) S 00°40'09" E, a distance of 1721.08 feet to the Northeast corner of Section 1, Township 15 South, Range 30 East, Volusia County, Florida; thence on the East line of said Section 1, the same being the West line of aforesaid PLANTATION PINES (an unrecorded subdivision), S 00°40'38" E, a distance of 5300.64 feet to the POINT OF BEGINNING. 

 

Together With:

PARCEL 3 – TRACT “F”

 

A parcel of land lying in Sections 5 and 8, Township 15 South, Range 31 East, all lying and being in Volusia County, Florida and being more particularly described as follows:

 

Begin at the Northwest corner of Section 5, Township 15 South, Range 31 East, Volusia County, Florida, thence on the North Line of said Section 5, N 89°36'29" E, a distance of 1319.85 feet to the Northeast corner of the West 1/2 of the Northwest 1/4 of said Section 5; thence departing said North Line and on the East Line of the West 1/2 of the Northwest 1/4 of said Section 5, S 0°43'40" E, a distance of 2635.16 feet to the Southeast corner of the West 1/2 of the Northwest 1/4 of said Section 5, said corner being on the North Line of the Southwest 1/4 of said Section 5; thence departing said East Line and on the North Line of the Southwest 1/4 of said Section 5, N 89°26'21" E, a distance of 1321.45 feet to the Northeast corner of the Southwest 1/4 of said Section 5; thence departing said North Line and on the East line of the Southwest 1/4 of said Section 5, S 0°45'47" E, a distance of 2631.54 feet to the Southeast corner of the Southwest 1/4 of said Section 5, the same being the Northeast corner of the Northeast 1/4 of the Northwest 1/4 of Section 8, Township 15 South, Range 31 East, Volusia County, Florida; thence on the East Line of the Northeast 1/4 of the Northwest 1/4 of said Section 8, S 0°56'00" E, a distance of 1310.73 feet to the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of said Section 8; thence departing said East Line and on the South Line of the Northeast 1/4 of the Northwest 1/4 of said Section 8, S 89°04'11" W, a distance of 1326.03 feet to the Southwest corner of the Northeast 1/4 of the Northwest 1/4 of said Section 8 the same being the Northeast corner of the Southwest 1/4 of the Northwest 1/4 of said Section 8; thence departing said South Line and on the East Line of the Southwest 1/4 of the Northwest 1/4 of said Section 8, S 0°48'30" E, a distance of 1315.24 feet to the Southeast corner of the Southwest 1/4 of the Northwest 1/4 of said Section 8; thence departing said East Line and on the South Line of the Southwest 1/4 of the Northwest 1/4 of said Section 8, S 88°52'31" W, a distance of 1328.91 feet to the Southwest corner of the Northwest 1/4 of said Section 8; thence departing said South Line and on the West Line of the Northwest 1/4 of said Section 8 the same being on the East Line of PLANTATION PINES (an unrecorded subdivision), N 0°41'03" W, a distance of 2639.52 feet to the Northwest Corner of said Section 8, the same being the Southwest corner of the Southwest 1/4 of aforesaid Section 5; thence on the West line of the Southwest 1/4 said Section 5, the same being on the East Line of aforesaid PLANTATION PINES (an unrecorded subdivision), N 0°41'17" W, a distance of 2639.58 feet to the Southwest corner of the West 1/2 of the Northwest 1/4 of said Section 5; thence on the West Line of the West 1/2 of the Northwest 1/4 of said Section 5, the same being on the East Line of aforesaid PLANTATION PINES (an unrecorded subdivision), N 0°41'34" W, a distance of 2639.04 feet to the POINT OF BEGINNING.

 


FLORIDA PUBLIC SERVICE COMMISSION

 

authorizes

 

D & E Water Resources, L.L.C.

pursuant to

Certificate Number 635-W

 

to provide water service in Flagler and Volusia Counties in accordance with the provisions of Chapter 367, Florida Statutes, and the Rules, Regulations, and Orders of this Commission in the territory described by the Orders of this Commission.  This authorization shall remain in force and effect until superseded, suspended, cancelled or revoked by Order of this Commission.

 

Order Number                         Date Issued      Docket Number           Filing Type

 

*                                              *                      060694-WS                 Original Certificate

 

 

*Order Number and date to be provided at time of issuance.


 

FLORIDA PUBLIC SERVICE COMMISSION

 

authorizes

 

D & E Water Resources, L.L.C.

pursuant to

Certificate Number 545-S

 

to provide wastewater service in Flagler and Volusia Counties in accordance with the provisions of Chapter 367, Florida Statutes, and the Rules, Regulations, and Orders of this Commission in the territory described by the Orders of this Commission.  This authorization shall remain in force and effect until superseded, suspended, cancelled or revoked by Order of this Commission.

 

Order Number                         Date Issued      Docket Number           Filing Type

 

*                                              *                      060694-WS                 Original Certificate

 

 

*Order Number and date to be provided at time of issuance.

 

 



D & E WATER RESOURCES, L.L.C.           

Schedule of Water Rate Base                                                                                    Schedule No. 1A

At 80% of Design Capacity

 

 

 

DESCRIPTION

 

UTILITY PROPOSED AND STAFF RECOMMENDED

 

 

Utility Plant in Service

 

$4,680,189 

 

 

Land

 

$0 

 

 

Accumulated Depreciation

 

(534,046)

 

 

Contributions in Aid of   Construction (CIAC)

 

(3,471,759)

 

 

Accumulated Amortization of  CIAC

 

371,538 

 

 

Working Capital Allowance

 

    24,377 

 

 

WATER RATE BASE

 

$1,070,299 

 

 

 

Schedule of Wastewater Rate Base                                                                           Schedule No. 1B

At 80% of Design Capacity

 

 

 

DESCRIPTION

 

UTILITY PROPOSED AND STAFF RECOMMENDED

 

 

Utility Plant in Service

 

$2,423,182 

 

 

Land

 

$0 

 

 

Accumulated Depreciation

 

(445,818)

 

 

Contributions in Aid of   Construction (CIAC)

 

(1,301,998)

 

 

Accumulated Amortization of  CIAC

 

223,391 

 

 

Working Capital Allowance

 

   21,506 

 

 

WASTEWATER RATE BASE

 

$920,263 

 

 

 

 


D & E WATER RESOURCES, L.L.C.                                                                                              

Schedule of Cost of Capital - Water                                                                            Schedule No. 2

At 80% of Design Capacity

 

 

 

DESCRIPTION

UTILITY PROPOSED

 

 

WEIGHT

 

COST

RATE

 

WEIGHTED

COST

Common Equity

$796,225    

40.0%

11.54%

4.620%

Long & Short-Term Debt

1,194,338    

60.0%

6.80%

4.080%

Total

$1,990,563    

100.0%

 

8.700%

 

Range of Reasonableness

High

Low

 

 

 

 

 

 

Common Equity

12.54%

10.54%

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

D & E WATER RESOURCES, L.L.C. 

 

Schedule of Water Operating Revenues

Schedule No. 3A

At 80% of Design Capacity

 

 

 

DESCRIPTION           

UTILITY PROPOSED AND STAFF RECOMMENDED

 

 

 

Operating Revenues

$340,158

 

 

 

Operating and Maintenance

195,018

 

 

 

Net Depreciation Expense

36,717

 

 

 

Taxes Other Than Income

15,307

 

 

 

Income Taxes

          0

 

 

 

Total Operating Expense

$247,042

 

 

 

  Net Operating Income(Loss)

$93,116

 

 

 

Water Rate Base

$1,070,299

 

 

 

Rate of Return

8.70%

 

 

 

 

 

 

Schedule of Wastewater Operating Revenues

Schedule No. 3B

At 80% of Design Capacity

 

 

 

DESCRIPTION           

UTILITY PROPOSED AND STAFF RECOMMENDED

 

 

 

Operating Revenues

$305,271

 

 

 

Operating and Maintenance

172,047

 

 

 

Net Depreciation Expense

39,424

 

 

 

Taxes Other Than Income

13,737

 

 

 

Income Taxes

          0

 

 

 

Total Operating Expense

$225,208

 

 

 

  Net Operating Income(Loss)

$80,063

 

 

 

Wastewater Rate Base

$920,263

 

 

 

Rate of Return

8.70%

 

 

 

 

 


 

D & E WATER RESOURCES, L.L.C. 

DOCKET NO. 060139WU

Schedule of Monthly Rates and Charges

Schedule No. 4A

 

Monthly Service Rates

Residential and General Service

 

Base Facility Charge

Meter Size:

WATER

UTILITY PROPOSED AND STAFF RECOMMENDED

WASTEWATER

UTILITY PROPOSED AND STAFF RECOMMENDED

5/8" x 3/4"

$ 15.39

$ 22.34 

3/4”

23.09

33.51 

1"

38.48

55.85 

1.5”

76.95

111.70 

2.0

123.12

178.72 

Charge per 1,000 gallons

$4.14

$6.80*

*Residential wastewater capped at 10,000 gallons

 

Typical Residential Bills

 

5/8" x 3/4" meter

 

 

5,000 gallons

$36.09

$56.34 

10,000 gallons

$56.79

$90.34 

20,000 gallons

$98.19

$90.34 

 

Miscellaneous Service Charges

 

 

 

 

Initial Connection

$ 20.00

$ 20.00 

Normal Reconnection

20.00

20.00 

Violation Reconnection

20.00

Actual Cost 

Premises Visit (in lieu of disconnection)

20.00

20.00 

 


 

 

 

Schedule of Net Plant to Net CIAC

Schedule No. 5A

At 100% of Design Capacity - Water

 

 

 

 

 

Utility Proposed

Utility Plant in Service

 

$4,680,189 

Accumulated Depreciation

 

(657,743)

Net Plant

 

$4,022,446

CIAC

 

$3,471,759 

Accum. Amortization of CIAC

 

(458,518)

Net CIAC

 

$3,013,241

Net CIAC/Net Plant

 

74.91%

 

 

D & E WATER RESOURCES, L.L.C. 

 

Schedule of Net Plant to Net CIAC

Schedule No. 5B

At 100% of Design Capacity – Wastewater

 

 

 

 

 

Utility Proposed

Utility Plant in Service

 

$2,423,182 

Accumulated Depreciation

 

(529,809)

Net Plant

 

$1,893,373

CIAC

 

$1,301,998 

Accum. Amortization of CIAC

 

(267,958)

Net CIAC

 

$1,034,040

Net CIAC/Net Plant

 

54.61%

 


 


D & E WATER RESOURCES, L.L.C. 

 

Schedule of Service Availability Charges –

Water and Wastewater

Schedule No. 6

 

 

Utility Proposed

Water

Utility Proposed Wastewater

Plant Capacity Charge per ERC

$980.061

$2,094.462

 

 

 

1ERC = 350 gpd

2ERC = 300 gpd

 

 

 



[1] Order No. PSC-06-0476-PAA-WS, issued June 5, 2006, in Docket No. 060006-WS, In re: Water and wastewater industry annual reestablishment of authorized range of return on common equity for water and wastewater utilities pursuant to Section 367.081 (4) (f), F.S.

[2] Order No. PSC-05-0397-TRF-WS, issued April 18, 2005, in Docket No. 050096-WS, In re: Request for revision of Tariff Sheets 14.0 and 15.1 to change request for meter test by customer and premise visit charge, by Marion Utilities, Inc.  Order No. PSC-05-0775-TRF-WS, issued July 26, 2005, in Docket No. 050368-WS, In re: Request for approval of change in meter installation fees and proposed changes in miscellaneous service charges in Pasco County by Paradise Lakes Utility, L.L.C.  Order No. PSC-05-0776-TRF-WS, issued July 26, 2005, in Docket No. 050369-WS, In re: Request for approval of change in meter installation fees and proposed changes in miscellaneous service charges in Pasco County by Mad Hatter Utility, Inc.