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APPROVE TERRITORIAL AGREEMENTS BETWEEN NATURAL GAS UTILITIES AGREEMENT Section 0.1 This AGREEMENT is made and entered into this I TH.. day of /JJ.r.'C"'o~ , 1995, by and between the CLEARWATER GAS SYSTEM of the CITY OF CLEARWATER, a municipal corporation organized and existing under the laws of the State of Florida ("Clearwater"), and PEOPLES GAS SYSTEM, INC., a corporation organized and existing under the laws of the State of Florida ("PGS"). Clearwater and PGS are hereinafter sometimes referred to singularly as "Party" and collectively referred to as "Parties." WITNESSETH: Section 0.2 WHEREAS, Clearwater is presently providing natural gas service to private individuals, firms, corporations and governmental entities in Pinellas County, both within and without the corporate limits of the City of Clearwater, and adjacent to Pasco County; and Section 0.3 WHEREAS, PGS is presently providing natural gas service to persons, firms, corporations and governmental entities throughout portions of the State of Florida, including certain areas of Pasco County, Florida; and Section 0.4 WHEREAS, a dispute has arisen between Clearwater and PGS regarding service to potential natural gas customers located in Pasco County, and PGS's petition to resolve such dispute is presently pending before the Florida Public Service Conunission ("PSC") in Docket No. 940660-GUj and Section 0.5 WHEREAS, Clearwater and PGS desire to settle the dispute between them in Docket No. 940660-GU in order that present and future applicants for natural gas service may expeditiously obtain such service from one or the other of them; and Section 0.6 WHEREAS, the respective areas of retail service of the Parties are contiguous in certain places with the result that duplication of service facilities may occur in the future unless such duplication is precluded by virtue of this Agreement; and Section 0.7 WHEREAS, the Parties recognize that any duplication of said service facilities may result in needless and wasteful expenditures that are detrimental to the public interest; and Section 0.8 WHEREAS, the Parties desire to avoid and eliminate the circumstances giving rise to the aforesaid potential duplications and toward that end have established a Territorial Boundary Line to delineate their respective retail territorial areas in Pasco County; and Section 0.9 WHEREAS, the PSC is empowered by the legislature of the State of Florida, pursuant to section 366.04(3)(a), Florida Statutes, to approve territorial agreements between natural gas utilities; Section 0.10 NOW, THEREFORE, in fulfillment of the purposes and desires aforesaid, and in consideration of the mutual covenants and agreements herein contained, which shall be construed as being 2 interdependent, the Parties, subject to and upon the terms and conditions herein set forth, do hereby agree as follows: ARTICLE I DEFINITIONS Section 1. 1 Natural Gas As used herein, the term "Natural Gas" shall mean: natural gas, manufactured gas, liquefied gas with air admixture, or a similar gaseous substance furnished to the public by pipeline. Section 1.2 Clearwater Territorial Area As used herein, the term "Clearwater Territorial Area" shall mean the area labeled Clearwater Gas System Pasco County Service Area on Exhibit "A" of this Agreement. Section 1.3 PGS Territorial Area As used herein, the term "PGS Territorial Area" shall mean the area labeled Peoples Gas System Pasco County Service Area on Exhibit "A" of this Agreement. Section 1.4 Existing Customers As used herein, the term "Existing Customers" shall mean those natural gas customers of either Party taking service from that Party on the effective date of this Agreement. Section 1.5 Point of Use As used herein, the term "Point of Use" shall mean the end-use natural gas facilities of a customer, as distinct from the point of connection or point of metering. Section 1.6 New Customers As used herein, the term "New Customers" shall mean those consumers applying for natural gas service for a Point of Use in the Territorial Area of either Party during the term of this Agreement. 3 Section 1.7 Territorial Area As used herein, the term "Territorial Area" shall mean either or both, where appropriate, the Clearwater Territorial Area or the PGS Territorial Area. Section 1.8 Territorial Boundary Line As used herein, the term "Territorial Boundary Line" shall mean the boundary line so labeled, designating the dividing line between the areas shown on Exhibit "A" of this Agreement, which dividing line is further described as follows: Beginning at the Gulf of Mexico at the northwest corner of Section 30, Township 25 South, Range 16 East and then running easterly along the section lines approximately 0.5 mile north of Ridge Road to the westernmost property line of the frontage property along the western side of Little Road and then generally northerly along the westernmost property lines of the frontage properties along the western side of Little Road to the centerline of SR 52 and then generally easterly along the centerline of SR 52 to the easternmost boundary of the Serenova Development, intersecting at the centerline of SR 52. Then following the eastern and southern boundary lines of the Serenova Development (the legal description of such Development being attached hereto and made a part hereof as Exhibit liB") and then westerly along the southern boundary of the Serenova Development to the northeast corner of Section 2, Township 26 South, Range 17 East and then southerly along the east line of Sections 2, 11, 14, 23, 26 and 35 of Township 26 South, Range 17 East to the Hillsborough/Pasco County line. The above description is intended to include within the Clearwater Territorial Area all properties lying south of SR 52 owned by Serenova, Ltd., as of the date of this agreement which are herein referred to as the Serenova Development. Additionally, all parcels of property adjacent to the western right of way of Little Road within the described area shall be within the Clearwater Territorial Area. Section 1.9 Through Pipelines As used herein, the term "Through Pipelines" shall mean pipelines traversing the Territorial Area of the other Party but not serving customers within that Territorial Area. 4 ARTICLE II RETAIL NATURAL GAS SERVICE Section 2.1 In General Except as otherwise specifically provided herein, Clearwater shall have the exclusive authority to furnish retail natural gas service to all New Customers within the Clearwater Territorial Area, and PGS shall have the exclusive authority to furnish retail natural gas service to all its Existing Customers and all New Customers in the PGS Territorial Area. Section 2.2 Service to New Customers The Parties agree that neither of them will serve or attempt to serve any New Customer whose Point of Use is located within the Territorial Area of the other Party, except as provided in Section 2.4. If a New Customer or prospective New Customer requests or applies for service from either Party, but such Customer's Point of Use is located in the Territorial Area of the other Party, the Party receiving such a request or application shall refer such New Customer or prospective New Customer to the other Party with citation to this Agreement as approved by the PSC. Section 2.3 The Parties recognize that, in specific instances, good engineering practices or economic constraints on one of the Parties may from time-to-time indicate that small service areas and/or New Customers should not be served by the Party in whose territory such areas or Customers are then located under Section 2.2. In such instances, the Parties agree to jointly and expeditiously seek approval of the PSC for modification of this Agreement in order to permit the appropriate Party to provide service to such small service areas and/or New Customers. 5 Section 2.4 To help facilitate the provision of natural gas service to Customers and to minimize costs and delays in providing such service, a Party which has a gas main installed on its side of the Territorial Boundary Line may temporarily serve Customers located on the other side of such Territorial Boundary Line in territory herein reserved to the other Party only (a) if requested by such other Party or (b) if such other Party is unable to provide such service within a reasonable time; provided, however, that when such temporary service is contemplated by a Party, it shall give written notice, setting forth the details of such contemplated service, to the Party in whose territory the Customer is located under Section 2.1 of this Agreement, and to the PSC, before installing any additional facilities needed for the provision of such temporary service. At such time as the Party in whose territory such Customers are located under Section 2.1 has a gas main available for providing, or is otherwise able to provide, natural gas service to such Customers, the Party providing temporary service pursuant to this section shall surrender any such Customers upon the request of the Party in whose territory such Customers are located, and shall convey to such other Party, at replacement cost less depreciation, such gas mains, service lines, and appurtenances thereto previously used by the Party in providing temporary service whether or not such facilities are necessary for the provision of service by the acquiring Party and located in the territory of the Party which will provide service thereafter. Any Customer who receives the temporary natural gas service under the 6 provisions of this section shall be notified in advance that when service becomes available from the Party in whose territory such Customer is located, the Customer will be required to receive service from such Party at such Party's then-current rates, and that such temporary service is provided only as a temporary convenience to the Customer. ARTICLE III OPERATION AND MAINTENANCE Section 3.1 Facilities to Remain Nothing in this Agreement is intended to affect the gate stations, regulators, or gas mains of either Party which are now or which may in the future be located in the service area of the other Party; provided, however, that each Party shall operate and maintain said lines and facilities in such manner as to minimize any interferences with the operations of the other Party. No such facilities shall be used by either Party to provide retail natural gas service to Customers located in the Territorial Area of the other Party except as may be necessary to implement the provisions of Section 2.3 or 2.4 hereof. ARTICLE IV PREREQUISITE APPROVAL Section 4.1 PSC Approval The prov is ions and the Parties' performance of this Agreement are subject to the regulatory authority of the PSC, and appropriate approval by that body of the provisions of this Agreement shall be an absolute condition precedent to the validity, enforceability and applicability hereof. This Agreement shall have no effect whatsoever until that approval has been obtained, and the date of expiration of the appeal period 7 following issuance of the Order granting PSC approval of this Agreement shall be deemed to be the effective date of this Agreement. Any proposed modification to this Agreement shall be submitted to the PSC for approval. In addition, the Parties agree to jointly petition the PSC to resolve any dispute concerning the provisions of this Agreement or the Parties' performance of this Agreement. Section 4.2 Liability in the Event of Disapproval In the event approval pursuant to Section 4.1 is not obtained, neither Party will have any claim against the other arising under this Agreement. Section 4.3 Notwithstanding any approval of this Agreement pursuant to Section 4.1, this Agreement shall automatically terminate one year after the vote to approve the Agreement by the Public Service Commission or one year after the entry of an order by the circuit court for Pinellas County relating to the validation of the City of Clearwater Gas System Revenue Bonds, whichever comes earlier, in the event Clearwater has not, on or before said date, obtained all financing and governmental approvals necessary to provide natural gas service within the Clearwater Territorial Area. In the event this Agreement is terminated pursuant to this Section 4.3, neither Party will have any claim against the other arising under this Agreement. ARTICLE V DURATION Section 5.1 Prior to the second anniversary of the effective date of this Agreement and every fifth anniversary B thereafter, the Parties shall meet to review the status of this Agreement and shall submit a joint status report to the Commission. After this Agreement becomes effective pursuant to Section 4.1 hereof, it shall continue in effect until modification shall be mutually agreed upon and approved by the PSC, or until termination shall be mandated -by a governmental entity or court having jurisdiction to mandate such termination or modification. ARTICLE VI MISCELLANEOUS Section 6.1 Negotiations Whatever terms or conditions may have been discussed during the negotiations leading up to the execution of this Agreement, the only ones agreed upon are those set forth herein, and no alteration, modification, enlargement or supplement to this Agreement shall be binding upon either of the Parties hereto unless the same shall be in writing, attached hereto, signed by both Parties, and approved by the PSC. Section 6.2 Successors and Assigns Nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon or give to any person or corporation, other than the Parties hereto, any right, remedy or claim under or by reason of this Agreement or any provision or conditions hereof; and all of the provisions, representations, covenants and conditions herein contained shall inure to the sole benefit of, and shall be binding only upon, the Parties hereto and their respective representatives, successors and assigns. 9 Section 6.3 Notices Notices given hereunder shall be deemed to have been given to Clearwater if mailed by certified mail to: Managing Director, Clearwater Gas System, City of Clearwater, 400 N. Myrtle Avenue, Clearwater, Florida 34615, and to PGS if mailed by certified mail to: Division Manager, Peoples Gas System, Inc., 1800 Ninth Avenue North, St. Petersburg, Florida 33713-7117. Such address to which such notice shall be mailed may be, at any time, changed by designating such new address and giving notice thereof in writing in the manner as herein provided. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed in duplicate in their respective corporate names and their corporate seals affixed by their duly authorized officers on the day and year first written above. 10 PEOPLES GAS SYSTEM, INC. By: Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: Idll Pamela K. Akin city Attorney c: \clearwat\agreement Approved as to Legality of Form By: Legal Cou sel Gas System CITY OF CLEARWATER, FLORIDA By: 9:/~1 ~ Elizaoeth M. Deptula city Manager Attest: t~~[. ~.k, cynthia E. Goudeau City Clerk cD 0 ____ 11 ~ ----------l ",\ ..j 3N! -, 2' . .. .. E-t ~ r:o ~ tI:: >< ~ t::l j ~ :.: o o 0: Cl 0- --- 1 1 j I I 1 1 1 R 19 ( L_____ 1 1 1 1 1 I I 1 1 1 1 R ,! E r----- 1 1 I j I 1 1 1 ..J ..J .... "0 j j I I __L ~ 101 .. ~t! 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",,.$;0 COUNTY. n.QFlJOA. AS A POINT Of" I\EFER~~ THENC% ~~. AlONG 'THe SOUTH UNI OF SAle secnON 2. &tJD UNE' ALSO CliNG note NQATM UNE OF s.wo $I1CTICN 11. ~.a~ FEET TO"l'l1E Wl5TERlV' RIGHT .of1'-WAY UNE OF HAYS ROAD (AGe' RIWl A8 IT NOW PlSTS FOR A POINT 01' eEG'NNlNG~ TH!NCf ~'oaw. At.OHG $NO weSTERLY fllW UNE. 644.2.f FlIT TO ITS fNTER~~CTION wmt THe NOA'I'H01.:r RIGHT..QF-WAV UN! 0... SAAO $TA1E ~ NO. 52 (A 100' RIW); TH~ .ss:r,~'22W, AL..CNG SJ-ID N0A1l1EALY RIQHT-OF.WAY UNe '.249.611"EET~ n-cINC2 ALONG TJ.11! EA&TEf\lY UN. 011 THE PROPOSED SUNCOAST RIGHT ..oF-WAV UNE N14-'2', '.E. 1.300.00 P!ET; THENC2! lEAVING SAID AlGHr .oF.WAY UNe S30~7"24~!. 548.93 FEET: TMlNeI NBiJ'!2'<\O"I. 000.00 n-cr TO THE P.O.e.. CONTAtNlNG 20.84$ ACRfS. MORE OR U!S$. A1.~O; FROM TH~ COMMON COANefl OF SECTIONS 2. 3.. 10 AND t 1. TOWNSHIP 2.5 SOUTH. MHGE 17 EAST. PASCO COUNTY. filOAlCA AS AP()INT or REFeRENCI; THeNCE ~l"'#'W..AlONG Tl-ft:. weST UN!:OP SAID secnoN 11. SAID UNE ALSO BEING THE!AST UNE 0'- S!CTlOO 10, 1 ,077.~ ~ET TO THE SOUTHI!RLY RIGHT-oF.WAY UN.E OF SAJO $TATe "01\0 NO. sa (A '00' RfW), FOR A POJNT OF ~GlNN1NG; THENC2 ~I..ONG S.AJO SOUTHERLY R'Grn'.cY-W"Y UNE BY THE I'OU.OWlNG fOUR (.) COURseS ANO OISTAN~S: " THeNCE Sao-za'2rE. 44a.14 Fl:eT~ :il) 'THENCE 671.ag fEET ALONG THe ARC OF A CURve; 10 .HE LEFi HAVING A AAO'US 011 2.341.83 FEET, CHORD S~42'36.E. e6Q..58 FeET;~) THEN~ ~'a"!. 1.6'6.97 FEET: 4) THENCE 47,82 FEET AlONG THE ARC CF A CURVE TO THE RIGHT HAVING A RADIUS OF 22.5ti8,~' FEET, CHORO N~"04"e. 47.92 F~fT TO THE INTERSe.cnON C# SAID SOt.ITHERLY RIG1-lT.CJ'.WA'f UNE ~o THE wESTERL'( BOUNDS OF THe FLORtOA POWER COfllPOAATlON RIGHT.OF.WAY AS ~ECORom IN O.R, 800K 286. P"AGES 34 ANO 3S. P\J8UC RICOADS OF PASCOCOUNlY.'lORSOA:THJ!NC~ SJ4.12"11'W.A1.CNG SAIOWeSTiRLYA'GHT -OF-WAYUNE. 22.~.t3 FEET' TO A POINT ON Tt-le weSTERLY LlNe or: THE NO~EAST i/I, orr $AIC SECT10N 34~ THENCE NOO'1S'05"1E. ALONG SAID UNf:, 1.573.<44 FEn TO tHe SOUTHWEST COANfR OF THE SOUTHEAST 1'. OF SAlO eecnON 27; THENC! ALONG THf NORTH/SOUTH C!NTeRUNI OF ~ SeC'TlON i1. NOQ'11'Q3-E. $,=.-47 FEET TO TJ.ie SOUTMlAST CORNEA OP'THE SOUTHWEST 1/40' SAID seCTION 22: THENCS S89'U'3S'W. 1.~.26 ,.-eET10 THE SOUTHWEST CORNfR OF THE SOUTHEAST 1/. OF THe SOUTHweST 1/4 OF s...o seCTlON 22; THfNCI NOCt26'Ol'"E. 5_~7.g.a FEU TO THI! SOUTHWEST COIllNER Of THE SOUTHEAST 1/4 OF TM! SOUTHWEST t /4 OF SAID SECTION 15; THENCS N01~'11.e.. 2.67....80 feET TO THE SOUTHWEST CORNEA OP THE SOUTHEAST 1/4 OF Tl1e NORTHWEST '/4 OF SAID seCTION t 5: THENa NOcro ":W"S. 2.e.s.3..Q6 FEET TO THe SOUTHW"eST COftNER 01' TME SQUTHU.ST 1/40FTHE SOUTHWEST 1/40F SAl05ECTtON 10; THeNCEN0a'3T:WW. :1iZO.33 FiET TO iHe NORTHWEST 1/4 OP: THe SOUTHEAST 1/4 Or THE NOJifTHWe:ST 1/. OF SAID SECTION 10: rMR.NCE N~'Q;J.!. 1.333.42 FI!!T TO THe NCATHiAST CORN!R OF THe !OUTHEAST 1/4 OFTHE NORTHWEST 1/4 Of SAlD secnoN 10; THENC1' NOO~4'29'W, ALONG THE NOATti/SOUTH Ci!NTERUNE OF SAtD SEC110N 10. 8$4,70 FEET TO THE INTfD'SEC'TlON OF S.AJD lINE Af'oID THE SAlD SOUTHER1.. Y ~IGHT .Op.WA.... OF ~T ATE ROAC .5.2: THe:NC:e AlONG SAiD fUGHT-QF-WAY LJNE! BY THIS P'OLJ..OWtNG FOUR (4) eOUAiES AND OISTANCC;. 1) THENCE 624.59 FEET ALONG THE ARC 01' It. CU~VE TO THE LEFT CONCAve TO THE NORTH~. ~AVING "RADIUS OF 2,341.&3 FEET. CHORD 5eSn9we,.622.14 FeET; 2) THENCe S7r~'0!-e. 991.92 FEET: Jl THf!NCE 570. 7~ FEEiT AlONG tHe AAC 01" A CURVE TO THE L.B'f HAVING'" "ACtUS OF 1 t .509.16 FEET. 010,.0 S;voa'46-S, 573.8& FeeT: 4) ~~ seo-:za"2"-. $.2.5, 11 ~ET TO THE PONT OF SEGINNING. CONTAHNG 1.190.11I88 ACReS. MC:-tE OR LESS. AL$O: A "AJIICa OF LAND LYlNG wrTH SECTlONS~" AND PCRTWJNS OF 11~ 13. 1(. 22. l3.. a :a. 27 -"NO .:)8. TOWNSHIP 25 :SOUTH. RANG;! 17 E14T, PASCO COUNTY. FLORIDA, BeiNG MeAl! P~T1CU.ARL Y DESCltt8eC M Fou.OW6~ . BeG1N AT THE NCfmtEAST CORNER 01' ~D seC110N ~ Tl1f!NCS SOf1'tW$tl"'W. AlONQ THE EASTlIU.. Y UNE OF SAle S!OTION.36. 3.480.&1 neT TO THE NORTHERLY R.GHT..o'.WAY UN~ OF TH! PROPOSED SUNCOAsT EXPRe:~AY. THEHCa ALONG 8A'D NOJlltHEAlY JUGHt. OP.WAY.UNE I5Y A NON-TANGENT CUJlNi. SAtO CURVIE HAVING A RAQAJS Of 5.110.00 PUT AND A CENTRA1..Al'fGL: Of' M..10~1.i THeNC2 NOR~L'Y ALONG TH&f ARC OF $AIC CUAVI TO THe L..EfT, A CISTANQ: 4tM8.4t P"UT. (CHORQ IEMLNG N4roi~'"W. CHORD U!NG1H J,.76a.Q8 FEEl"): THENO!: N7.-40'.-W. 3.01".&4 Fur TO TH! POINT 0' CURVATUAE OP /4 CURVe. SAID CURVE HA\IlNG A RADIUS 0' 2,11~..oa FEeT ANO A C2:NTftAL ~C1Ll OF m*OQ'oo.; THENCE WESttRL,Y .AlONG 'THE AAC OF SAID CURv& TO i1iE IlIGHT. A OIGT~ 01' $41.11 FaT, (CHORD e~AAING NCM-4Q'.$"W, CHORO LENGTH 942.'1 FEET); THENai N$.4.~'4.O"N. 2.$94.82 FEET TO T)ofE POINT OF CURVATURE OF A CURve. SAiD CUftva HAVING A RADIUS OF 3,~.OO FEIIT ANa A ~NTRAL ~GLe Off WS3'OO": T'HEN~ NOIl'l'HWeSTERLY AL~G TH€ Me OF SAID CURVE TO THE flIGHT. 14. Dt$TANCS 0114,021.51 fllTl (CHORD SiAAlNG N2Cr14'19'W. CHORO U!NGTH O,789.~ ~ET), THENQ Nt4.12'11-E, '4,881.21 F:ET TO THe SOUTHERLY fIlGkT-OF.WAY liNe or: STATE ROAO NO, S2~ TH!NCE N83"'15"2rE.&.L.ONG SAfO SOUTHERL YR~GHT -QF-WA y 1.S27.~ FeET; THENCS L.E.A,\I1NG SAID RIGHT -OF-WAY ~o.~. 4,595.97 FEET: THcNCS S89'"A.4'..h]."a, 15.58 FeET; TH!Na S3a',r45"'Vi, $03.03 ft!!T. 1'HIHa S6r,31'2S'W. 1.02',07 FEer~ n1e~ StSo.42'5g"E, 921.&4 Jf!f!Ti TI-iENCC N7S.S2'3rE, a.~.~ Ff!I!T: THE~ S3"'29'5tr'!. 2.500.43 F!ET; THENO: NI44~1'1oE. 1.&B9.33 FEl!T~ THENCZ 852"04'10-1. '.0&1.30 FeET~ THENCE ~43'OO"I. 738.78 FEETTO THE EASTEAL Y UNE OF SAlD SECTION 13; THENCS socroa'S4"W ALONG THe EASTeRLY UNE OJ' SAlO SECTlON$ 13,2' AND 25.. l:J.2ZI.U f'!!T TO niE POINT OF BeGlNMNG, CONTAiNING 3.460.050 ACJ=leS OF LAND. MORa OR LESS. LeSS THE WEST 1/2 OJ; THE NORTHIAST 1/4 OF SiiCTION 15, 'TOWNSHIP 25 SOUTH. AANGe! 1 T WAST. CONT AjMNG ao ACRES MO~. OR LESS. . ~s~ THE SOU1l-tEAST , /4 Of THe NORT11EAST '1'" OF THE SOIJTP\EAST 1/. ,AN&) THI! NORTHEAST 1/4 OF THE SOUTHEAST 1/. OF"... SOlfT'HEAST 1/-4 OF SECTION 1~1 r~HtP 25 SOUTH. RANGf '1 eAST. CONTAINING 20 ACRES MORE OA LeSS. AlSO; " "Mal. OF LAND BElNG PORTIONS OF SECTIONS 26, 2,7, 34. .J5 AND 38. TOWNIHIP 2D SOUTH. R,lNGi 17 EAST. PASCO COUNTY. A..ORiCA, BEING MORe PJJmCULARL Y CI:~ll5eo AS FOu..OWS: "'GIN AT THt: SOUTHEAST COANEA OF SAID SECTION 3e~ THENCS ~'22"'W ~lONG THE SOU'n1IRL Y UNe OF SAlO secnoN ::6. ~.294.ae FEET TO THe SOUTHEAST CORNER 01" s,l1O SECTZON ~; THENa: N8S4SS'2ZW AlONG THE SOUTHEltL Y UNE OF SAtD seCTION 35, 5.:)00.80 feET' TO THE SOUTHEAST CORNER OF SAJO SECTJON :M: Tt-tENCl ses-ursTW' AlONG TH& SOUTHERLY UNE OF SAlD SECTION 34. ~.OO FEET; THeN&:! U!AVlNG SAlO SOUTM!AL Y UNf NOO~2'Q4"VV. 220.00 FEET: THEN~ Nw,r58-E, ~.01 FeeT "fO 'tHE' E.AST1!ftLY LINe O~ SAID SECTlON ~4; THENce NOO.1.'~E ALONG SAiD EASTEPU..Y UNE, 2.040.00 FeeT; TMe:NC~ lEAVING SAJO UNe N.31 "2$'Oe."W, 1.0"3,08 FEtIT; THe::NCi' ~T5B"Vt', no.oo 'EETt THENca $.!59"Z3'10'W. 083.31 ~ECT: jHe~ N~11'06"W. 073.2. FEET TO THI !A8TeRt.Y UN<< OF A FLORJOA ,.OWER AIGHT...ojlt.WAY UNe AS __I!COROeo IN CPFIOAl RECORD 800K 286; PAGES :).. AND a5 OF THe PUSUC "!CORDS OF ,.~co COUNTY. "\.ORI~ Tt-iENCE Nl,."12'11';: ALONG 8.A40 E.i.:rreRLY RIGHT-OF.WAY UNIi ......-U R!!!TTO THe SOUTHeftL.Y lJNE OFTHS PAOPoseC SUNCOAST nJlRESSWAV IUWiT.QfI~AY; 1'J1ENC! ;.LCNG 5AJO $CUTHERL Y UNC BY A Q;J;vE TO THE UIJIT. HAVING A RAmUS OF 3.010.00 flET ANO A CINTRAI. ANG~ OF 6a~:n)O". THENC2 SOUTHERLY AlONG 1loJE ARC OF $AID CURVE TO THE LiFt~ A OlSTANC3' OF ..318.18 ~. (CHORO eaRlNG SZQ"14"8"E., ~D LENGTH ''.In... FE6): TH~NCE s.s..40'o4Q'1!~ 2.~.U ~er TO THe. K>>NT OF CUftVATUAE Of' A CUAVE. s.tJD CURVe I-fAVlNG A. MelUs OF 3,015.00 FEi"r ..wo A Q;NTAAL ANGU! Of' ~"OO.. THENCE SOUl'J-tEASTERl.Y ALONG THIt ARC OF 3AK) CURVE TO TJoU! L!JIT. A DIST~ OF 1.052.43 '&Eft (CHORD seARING ~.4Q'49"a'. CHORD ~GTH 1,047. to FE&l1; THINCZ $74....,'4IrE. 3.01.4.84 FtET TO ~ ItOINT OF CtJAVATtJRE or A CURve. SAlI) CURve HAVING A RAC1US OF 4,850,00 FEET ANO .. C~AL ANGLE 01' 74-sQ'Olo1p THfN<% EASTERLY ALONG THE ARC 0' SAID CURVE TO THE AlaHT. A 0151 ~ OF e.~.!5 FEET. (t;HCIU) BlARING S3r's.....s. CHORD lLNGTH 5,8Q3..81 FEeT) TO Tt-tE eA5TERl Y UNE OF $AID SlcnON 36; niENCE SOO"OI'S4-W .ALONG ~D EASTERLY liNE. 85.03 FEET. TO THE POINT OF BEGlNMNG; CONT~N1NG 1,342.960 "CRES, MORE OR LESS. CONT "lNINe d. 71".344 Ac:qES~ MOfttE OR LESS (TOTAL OF AlL ~EMENTlONEO PARC;iLS).