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ORDINANCE NO. 89-46

AN ORDINANCE AMENDING ORDINANCE NO. 89-32 BY AMENDING SECTION 1-6.5-32 (BOUNDARIES) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, TO CORRECT THE LEGAL DESCRIPTION AS SET FORTH IN EXHIBIT A; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND SETTING FORTH THE VOTE ON ADOPTION.

WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations:

1. On March 21, 1989, this Board adopted Ordinance No. 89-32 which established the Lake Lucie Community Development District; established boundaries for the District; designated the initial members of the Board of Supervisors of the District and provided for special conditions.
2. Due to an error in the legal description of Ordinance No. 89-32, it is necessary to amend said Ordinance.

NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida:

PART A. AMENDMENT OF SECTION 1-6.5-32. BOUNDARIES.

Section 1-6.5-32 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows:

Section 1-6.5-32. Boundaries.
The boundaries of the Lake Lucie Community Development District are as set forth in the legal description contained in the amended attached Exhibit A.

PART B. CONFLICTING PROVISIONS.

Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances, and County resolutions, or
parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict.

PART C. SEVERABILITY AND APPLICABILITY.

If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, circumstance.

PART D. FILING WITH THE DEPARTMENT OF STATE.

The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, the Capitol, Tallahassee, Florida 32304.

PART E. EFFECTIVE DATE.

This ordinance shall become effective retroactive to April 1, 1989 upon adoption.

PART F. CODIFICATION.

Provisions of this ordinance shall be incorporated in the County Code and the word ” ordinance” may be changed to “section,” “article,” or other appropriate word, and the sections of this ordinance may be renumbered or re lettered to accomplish such intention; provided, however, that Parts B through G shall not be codified.

PART G. ADOPTION.

After motion and second, the vote on this ordinance was as follows:

• Chairman Judy Culpepper: AYE
• Vice Chairman Halvert L. Fenn: ABSENT
• Commissioner R. Dale Trefelner: AYE
• Commissioner Jack Krieger: AYE
• Commissioner Jim Minix: AYE

PASSED AND ADOPTED this 22nd day of August 1989.

ATTEST: signed by [illegible] J. McMahon, Deputy Clerk

BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: [illegible], CHAIRMAN

APPROVED AS TO FORM AND CORRECTNESS: signed by: David A. [illegible], COUNTY ATTORNEY

AMENDED EXHIBT A

Stuck through passages are deleted. Underlined passages are added.

Lot B and a portion of Lots 5, 6 and 7, all in Block 3 in Section 26, Township 36 South, Range 40 East, of subdivision entitled PLAT NO. 1 SAINT LUCIE GARDENS as recorded in Plat Book 1 at Page 35 of Public Records of St. Lucie County, Florida, TOGETHER WITH all that portion of the Northwest 1/4 of the Southwest 1/4 of said Section 26, if any, lying adjacent to and West of said Lots 7 and 8 and adjacent to and North of that portion of said Lot 7 as contained within the total parcel as hereinafter described; the total parcel being geometrically described as follows:

From the POINT OF BEGINNING (P.O.B.), being the Northwest corner of the Southwest 1/4 of said section 26, run thence S89°42’05″E along the North line of the Southwest 1/4 of said Section 26, a distance of 951.62 feet to a point on the Westerly right-of-way line of U.S. Highway No. 1; thence run S27°31’37″E along said Westerly right-of-way line of a 200 foot wide right-of-way for U.S. Highway No. 1 a distance of 22.61 feet; thence run N89°42’05″W parallel to and 20 feet South of the North line of the Southwest 1/4 of Section 26 a distance of 429.22 feet; thence run S00°00’32″E a distance of 381.29 feet; thence run S62°20’23″W, a distance of 20.02 feet to the Easterly line of a 33 foot wide A.T.&T. easement; thence run along the Easterly line of said A.T.&T. easement as follows: S47°18’25″E, a distance of 16.77 feet; thence run S31°09’08″E, a distance of 622.74 feet; thence run S28°20’08” E, a distance of 281.78 feet; thence run S27°26’47″E, a distance of 138.09 feet to the intersection of the Easterly line of said A.T.&T. easement and the South line of the Northwest 1/4 of the Southwest 1/4 of said Section 26, said intersection point being N89°41’14″W of and 271.72 feet distant from the Southeast corner of said Lot 5; thence departing from the Easterly line of said A.T.&T. easement, run N89°41’14″W along the South line of the Northwest 1/4 of the Southwest 1/4 of said Section 26, being the South line of said Lots 5, 6, and 8, a distance of 1047.50 feet to the West line of said Section 26; thence run N00°02’06″E along the West line of said Section 26, a distance of 1323.55 feet to the POINT OF THE BEGINNING.

AND,

That portion of the South 40 feet of the North 1/2 of Section 26, Township 36 South, Range 40 East, St. Lucie County, lying West of U.S. Highway One; LESS AND EXCEPTING the West 320 feet thereof.

AND,

Lots 1 and 2 of Block 3 of Section 26, Township 36 South, Range 40 East, of subdivision entitled PLAT NO. 1 ST. LUCIE GARDENS; LESS AND EXCEPTING the following parcels: The West 330 feet, less the North 330 feet of Lot 2; The North 165 feet of the South 330 feet of the West 330 feet of Lot 1,

AND,

Lots 1-8, inclusive of Block 4 of Section 26, Township 36 South, Range 40 East, of subdivision entitled PLAT NO. 1 ST. LUCIE GARDENS; LESS AND EXCEPTING the following parcels: Lot 3, less the North 1140 feet, thereof; The South 495 feet of the North 645 feet of Lot 3; The North 150 feet of Lot 4; The South 165 feet of the North 975 feet of Lot 5; The East 330 feet, less the South 495 feet of Lot 7,

AND,

Lots 5-8, inclusive of Block 3 of Section 25, Township 36 South, Range 40 East, of subdivision entitle PLAT NO. 1 ST. LUCIE GARDENS; LESS AND EXCEPTING the following parcels: The East 330 feet, less the North 495 feet of Lot 8; The North 165 feet of the South 330 feet of the East 330 feet of Lot 7.