REPORT AND RECOMMENDATION

CHRISTOPHER P. TUITE, Magistrate Judge.

This cause is before me on referral for consideration of the Motion for Partial Summary Judgment (Doc. 3), the Motion for Preliminary Injunction (Doc. 4), and the Motion for Default Judgment (Doc. 53) filed by Plaintiff Florida Gas Transmission Company, LLC (FGT). These motions relate to two properties located in Hillsborough County, Florida: the first—identified as Tract 208.00—is owned by Defendants Veronica Burgos and Humberto Jimenez, while the second—Tract 207.00—is owned by Defendant IMC Development Corp (IMC). (Doc. 1-3). Defendants REI Holdings, LLC (REI), Helen M. Malzahn Living Trust u/a/d 4/12/1994 (Malzahn), and Hillsborough County (the County) also have an interest in Tract 207.00 as holders of property tax certificates. Id.

On February 4, 2019, I held a hearing on FGT's summary judgment and preliminary injunction motions. (Doc. 44). Following that hearing, FGT sought and obtained Clerk's defaults against IMC, REI, Malzahn and the County (collectively, the Tract 207.00 Defendants) based on their failure to file a responsive pleading or defensive motion. (Docs. 47-52).

FGT recently settled its claims relating to Tract 208.00 with Burgos, Jimenez, and the mortgagee for the property, Defendant Angel Oak Mortgage Solutions, LLC, and those defendants have since been dismissed from this action with prejudice. (Docs. 62, 64, 65).

FGT's claims against the Tract 207.00 Defendants, however, remain ripe for resolution. For the reasons discussed below, I respectfully recommend that FGT's Motion for Default Judgment against the Tract 207.00 Defendants be granted, and that FGT's Motion for Partial Summary Judgment and Motion for Preliminary Injunction be denied as moot.

I.

FGT is an interstate natural gas company as defined by Section 2(a) of the Natural Gas Act, 15 U.S.C. § 717, et seq. (NGA or the Act), and is subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC). (Doc. 1 at 1-2). In 1982, FERC issued a Blanket Certificate of Public Convenience and Necessity (Blanket Certificate) authorizing FGT, among other things, to construct, operate, and abandon interstate natural gas pipelines and facilities upon compliance with certain notice conditions. Id. at 3 & Exh. 4.

Pursuant to the Blanket Certificate, in July 2018, FGT submitted a Prior Notice Request for Authorization to FERC seeking permission to construct a natural gas pipeline in Hillsborough and Polk counties. Id. at 2-3. Labeled the Okeechobee Project (the Project), the proposed pipeline would extend 3.4 miles, consist of a 36-inch diameter pipeline loop, and run parallel to FGT's nearby existing 30-inch-diameter pipeline. Id. at 2. According to FGT, the Project would result in an additional capacity of 12,000 cubic feet of natural gas per day to Florida's pipeline system, would increase FGT's ability to transport natural gas from various receipt point options along the Gulf Coast, and would serve as a necessary expansion of its existing facilities. Id. at 3. FGT also asserts that the Project would provide firm transportation of natural gas to a new Florida Public Utilities Company meter and regulation station in Martin County, Florida. Id.

In September 2018, FERC authorized FGT's construction, operation and maintenance of the Project facilities under FGT's Blanket Certificate. Id. In approving the Project, however, FERC determined that FGT would need to acquire easements along the proposed pipeline route, including, of relevance here, an easement on Tract 207.00 (Subject Easement).1 Id. Although FGT attempted to acquire the Subject Easement, those attempts proved unsuccessful. Id.

Following its failed efforts to purchase the Subject Easement, FGT initiated the instant action, seeking both condemnation of the easement and a determination of just compensation for same. (Doc. 1). Simultaneously with the filing of its complaint and Notice of Condemnation (Doc. 10), FGT also moved for partial summary judgment on its rights to condemnation and for a preliminary injunction allowing immediate possession. (Docs. 3, 4). As noted, the Tract 207.00 Defendants failed to answer FGT's complaint or otherwise respond, leading FGT to file the instant motion for default judgment against them. (Doc. 53).

II.

In eminent domain proceedings such as this, the "failure to serve an answer constitutes consent to the taking and to the court's authority to proceed with the action and fix the compensation." Fed. R. Civ. P. 71.1(d)(2)(A)(vi). In light of the Tract 207.00 Defendants' failure to serve an answer, the Court's role here is limited to determining whether the complaint's well-pleaded allegations establish FGT's right to condemn the Subject Easement and to deciding the appropriate compensation for that taking.

The NGA establishes the framework for the condemnation of property necessary for FGT's proposed pipeline. The Act provides, in pertinent part:

15 U.S.C. § 717f(h).

As recently construed by the Eleventh Circuit, this provision of the Act requires a party seeking condemnation of a particular piece of property under the NGA to "demonstrate that: (1) it holds a valid certificate of public convenience and necessity; (2) the property to be condemned is necessary for the natural-gas pipeline authorized by the certificate; and (3) it cannot acquire the necessary easements by contract." Transcon. Gas Pipe Line Co., LLC v. 6.04 Acres, More or Less, Over Parcel(s) of Land of Approximately 1.21 Acres, More or Less, Situated in Land Lot 1049, 910 F.3d 1130, 1154 (11th Cir. 2018).

FGT has pleaded each of these three elements here, and, given the default entered against the Tract 207.00 Defendants, its right to acquire the Subject Easement is not in dispute. Accordingly, I find that FGT is authorized by the NGA to exercise the power of eminent domain and has the right to condemn the Subject Easement.

The only remaining issue to be decided is the amount of just compensation to be paid for this taking. FGT asserts that this amount equates to $16,600 and submits the Declaration of Barry A. Diskin, a certified real estate appraiser, in support of that valuation. (Doc. 53-1). In the absence of any conflicting evidence on the issue, I find that the appraisal evidence presented by FGT is reasonable and sufficient to establish just compensation. See, e.g., Sabal Trail Transmission, LLC v. +/- 2.77 Acres of Land in Suwannee Cty., Fla., 2017 WL 2899896 (M.D. Fla. May 11, 2017) (entering default final judgment and accepting evidence of plaintiff's appraisal in fixing compensation); Sabal Trail Transmission, LLC v. +/- 2.63 Acres of Land in Suwannee Cnty., Fla., 2017 WL 2901189 (M.D. Fla. Apr. 13, 2017) (same).

III.

Based on the foregoing, I recommend that the Court:

1. Grant FGT's Motion for Final Default Judgment (Doc. 53) establishing FGT's rights to eminent domain, condemning the Subject Easement on Tract 207.00 identified in Exhibit A attached hereto, and setting just compensation for the taking at $16,600;

2. Direct that FGT deposit the sum of $16,600 into the registry of the Court within ten (10) days of entry of the Court's Order;

3. Deny as moot FGT's Motion for Partial Summary Judgment (Doc. 3) and its Motion for Preliminary Injunction (Doc. 4); and

4. Direct the Clerk of Court to terminate all pending matters and to close this case upon FGT's deposit of the funds into the registry.

NOTICE TO PARTIES

A party has fourteen (14) days from this date to file written objections to the Report and Recommendation's factual findings and legal conclusions. A party's failure to file written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1; 28 U.S.C. § 636(b)(1).

NATURAL GAS PIPELINE EASEMENT

TRACT NO: FLMEF-HILL-207.00

The Undersigned, IMC DEVELOPMENT CORPORATION, a Florida corporation ("Grantor," whether one or more), being the owner(s) of, or having an interest in, that certain tract of land situated in Hillsborough County, Florida and more particularly described in Exhibit "A" attached hereto ("Lands"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00), the receipt and sufficiency of which Grantor hereby acknowledges, does hereby grant, convey, and warrant the permanent easement, the temporary construction easement, the extra temporary construction easement and access roads herein conveyed to FLORIDA GAS TRANSMISSION COMPANY, LLC, a Delaware limited liability company ("Grantee"), with its principal offices at 1300 Main Street, Houston, Texas 77002, and to Grantee's successors and assigns, along with the exclusive and perpetual right, privilege and easement for and to construct, install, maintain, operate, inspect, patrol, test, repair, alter, substitute, relocate, resize, replace and remove (collectively, the "Pipeline Operations") a single underground transmission pipeline system for the transportation of natural gas, and above-ground, surface and subsurface appurtenances thereto, including but not limited to markers, AC mitigation systems and components, cathodic and lightning protection systems and components, and other like protective devices, piping, fittings, and fences or other like protective devices, and such other improvements as are reasonably necessary in connection with the transportation of natural gas by means of the pipeline (collectively, the "Pipeline Facilities") on, under, above, across, within and through a part and strip of the Lands, as described on Exhibit "A-1" attached hereto ("Permanent Easement"), together with the right to utilize Grantee's existing easement or easements as well as such additional portions of the Lands identified and described on Exhibit "A-1" as temporary construction easements for workspace, movement, storage and staging of personnel, materials, supplies and equipment, ingress and egress during the initial construction and installation of the Pipeline Facilities, except at road crossings, jurisdictional wetland crossings, tile crossings, river and stream crossings or areas with unusual construction problems where extra temporary construction easement(s) may be utilized (collectively the "Temporary Construction Easement").

TO HAVE AND TO HOLD unto Grantee, its successors and assigns, for the purpose of conducting the Pipeline Operations with respect to such Pipeline Facilities. As further consideration for the payment made by Grantee hereunder, Grantor and Grantee further agree with respect to the Pipeline Facilities, the Permanent Easement and the Temporary Construction Easement that:

1. Exhibit "A" describes the Lands and Exhibit "A-1" describes the Permanent Easement, the Temporary Construction Easement and the access roads. Exhibit "A" and Exhibit "A-1" are attached hereto and by this reference are made a part hereof for all purposes.

2. Grantor represents to Grantee that [please initial in the space provided and complete as appropriate]:

_______ The Lands are leased or rented to _______________________________________, for the period beginning _____________, 20 __, and ending ________________, 20 __;

Or,

_______ The Lands are not leased, rented or occupied by any lessee or tenant.

3. Grantor does hereby fully warrant the title to the Lands and will defend the same against the lawful claims and demands of all persons whomsoever, including, without limitation, tenants on the Lands, whether identified above or not. Grantor shall receive payment hereunder in such proportion as the interest of Grantor bears to the full fee simple title to the Lands encumbered by the Permanent Easement and the Temporary Construction Easement.

4. Those portions of the Lands, if any, designated as access road(s) shall be limited solely to ingress and egress for movement of personnel, materials, supplies and equipment for the purposes enumerated herein.

5. If applicable, the Temporary Construction Easement rights acquired are the temporary right, privilege and easement for use as work space for movement, storage and staging of personnel, materials, supplies and equipment, ingress and egress, for the purpose of conducting Pipeline Operations to construct and install and initially maintain, operate, inspect, test, repair, patrol, alter, substitute, relocate, resize, replace and remove Grantee's Pipeline Facilities located on the Permanent Easement, Grantor's other property encumbered by Grantee and on other lands. However, those portions of the Lands, if any, designated as temporary access road(s) shall be limited solely to ingress and egress for movement of personnel, materials, supplies and equipment for such purposes enumerated herein.

6. Grantee shall have the right of ingress to and egress from the Permanent Easement and the Temporary Construction Easement (during the length of its term) by means of the Permanent Easement, the Temporary Construction Easement (during the length of its term), and adjacent public or private roadways, easements or rights-of-way owned, held or lawfully available to Grantee, including any other property over which Grantee has access rights, for the purposes of Pipeline Operations with respect to such Pipeline Facilities located, in whole or in part, on the Permanent Easement, the Temporary Construction Easement(s) (during the length of its term) and performed at the will of the Grantee.

7. Grantee shall have use of the Temporary Construction Easement as work space for purposes of staging or storage of equipment, supplies or materials, and ingress and egress, and for the movement of personnel, supplies and equipment related to initial Pipeline Operations in connection with Grantee's Pipeline Facilities. The rights of Grantee with respect to the Temporary Construction Easement shall commence on the date this easement is acquired by Grantee and shall terminate and expire upon the earlier of he passage of twenty-four (24) months after the date of this easement or the date on which Grantee completes the initial construction and installation of the Pipeline Facilities.

8. Notwithstanding the termination and expiration of the Temporary Construction Easement(s) for purposes of constructing and installing the Pipeline Facilities, as set forth in paragraph 7, above, if applicable, Grantee shall retain and Grantor hereby grants to Grantee, right of access and entry to only those portions of the Temporary Construction Easement, if any, determined to be, or identified as, jurisdictional wetlands solely for purposes of Grantee's mitigation, restoration, maintenance and monitoring activities conducted in satisfaction of Grantee's governmental permit(s) requirements. However, in any event, the Temporary Construction Easement(s) automatically shall terminate and expire for all purposes and in all respects upon the passage of five (5) years after the latter of:

9. Grantor retains the right and may continue to use the Permanent Easement or Temporary Construction Easement for any lawful purposes that do not interfere with Grantee's rights acquired hereunder; provided, however, that Grantor shall neither create nor maintain any reservoir or water impoundment, plant and maintain any deep-rooted trees, construct nor permit to be constructed any building, structure, excavation or other improvement or obstruction, on, over, under, above, across, within or through the Permanent Easement or Temporary Construction Easement (for as long as it shall exist) or Permanent and/or Temporary Access Easement(s) which would directly interfere with the exercise by Grantee of the rights hereby conveyed, including ingress to and egress from the Permanent Easement and Temporary Construction Easement (for as long as it shall exist), and the safe and efficient conduct of the Pipeline Operations relating to the Pipeline Facilities. Grantee agrees to provide Grantor, either upon Grantor's request or at Grantee's option to initiate, a prior written determination that any particular exercise of the right to use the Permanent Easement, Temporary Construction Easement or any Permanent and/or Temporary Access Easement(s) by Grantor does not directly interfere with the safe and efficient exercise of Grantee's rights, which determination shall not be arbitrarily or unreasonably withheld, delayed, or conditioned.

10. The consideration Grantee paid for the Permanent Easement and the Temporary Construction Easement in the amount set forth above, includes compensation for all merchantable timber, natural and decorative trees, landscaping, grasses, shrubbery, growing crops, improvements and Grantor's other property items which are compensable according to applicable Florida law (including but not necessarily limited to fences, roads, driveways, sidewalks, parking areas) that Grantee might remove from the Permanent Easement, the Temporary Construction Easement, and any Permanent and/or Temporary Access Easement(s) unless Grantee at its option chooses to repair, relocate or replace such items at Grantee's own expense pursuant to the provisions of paragraphs 11(a), 12 and 16, below.

11. Before initial construction of the Pipeline Facilities, Grantee, at its option, shall:

12. Throughout the duration of the Temporary Construction Easement, and to the extent damage results from use by Grantee or its agents of the Permanent Easement or Temporary Construction Easement during initial construction and installation of the Pipeline Facilities, Grantee will maintain and repair any pre-existing fences, roads, driveways, sidewalks, parking areas, irrigation systems, wells, septic tanks and septic drain fields located on the Permanent Easement or Temporary Construction Easement that were not removed, relocated or replaced prior to initial construction of the Pipeline Facilities, and Grantee will maintain and repair any new fences, roads, driveways, sidewalks, parking areas, irrigation systems, wells, septic tanks and septic drain fields that were relocated or replaced on the Permanent Easement or Temporary Construction Easement prior to initial construction of the Pipeline Facilities that were damaged from use of the Temporary Construction Easement by Grantee, its agents or contractors during initial construction and installation of the Pipeline Facilities.

13. During construction, Grantee will bury the pipeline to provide a minimum cover of thirty-six inches (36"), except in rock where a minimum cover of twenty-four inches (24") will be provided. Grantor shall not reduce the post-construction depth of cover over the pipeline.

14. Grantee may displace any gopher tortoises found within the Permanent Easement, the Temporary Construction Easement, or any Permanent and/or Temporary Access Easement to another location on the Permanent Easement or Temporary Construction Easement, or off the Lands of Grantor (e.g., to a temporary holding pen), and return them as near to their original location on the Permanent Easement or Temporary Construction Easement as practicable after initial construction and installation of the Pipeline Facilities is completed.

15. To the extent that Grantee may engage in excavation, Grantee shall remove from the surface of the Permanent Easement all three-inch (3") or greater diameter rock excavated from the trench across tillable portions of the Permanent Easement.

16. Subject to, and to the extent not inconsistent with, Grantee's rights under this Natural Gas Pipeline Easement, after initial construction of the Pipeline Facilities, Grantee shall, to the extent practicable, relocate or replace with the same, like or better quality and at their original locations or as near thereto as is reasonably practicable, all fences, roads, driveways, sidewalks, parking areas, irrigation systems, wells, septic tanks and septic drain fields, that Grantee damaged or caused to be removed, relocated or replaced from the Permanent Easement and Temporary Construction Easement before or during initial construction of the Pipeline Facilities, unless Grantee has previously chosen to pay Grantor for such items pursuant to the provisions of paragraphs 10 and 11(b), above.

17. Subject to Grantee's rights hereunder and to the extent not inconsistent therewith, Grantee will restore the surface of all disturbed areas within and outside of the boundaries of the Permanent Easement and Temporary Construction Easement to original contour and condition, as near as is reasonably practicable, to the extent the damage or disturbance of results from the Pipeline Operations, except for the surface beneath any above-ground Pipeline Facilities installed in the Permanent Easement. Grantee will also restore the surface of all disturbed areas of any existing or new access roads to its original contour and condition, as near as is reasonably practicable, to the extent utilized by Grantee and the damage or disturbance to which results from use by Grantee or its agents. Grantee shall plant grass seed on all other land surfaces disturbed by the Pipeline Operations.

18. It is expressly provided that after initial construction and installation of the Pipeline Facilities, Grantee shall have the right, but not the obligation, (without liability for damages) from time to time to reclear the Permanent Easement and any Permanent and/or Temporary Access Easements by cutting and removing therefrom trees, brush and other obstructions that may, in the reasonable judgment of Grantee or pursuant to regulatory requirements, injure, endanger or interfere with Grantee's use of the Permanent Easement or any Permanent and/or Temporary Access Easement(s), or which endanger the Pipeline Facilities.

19. Grantee shall have the right to erect, and shall bear the cost and expense of maintaining, a fence or other protective barrier, with gate(s), around the above-ground Pipeline Facilities constructed on the Permanent Easement in compliance with all applicable codes, laws, and regulations.

20. Grantee may assign its rights acquired under the provisions of this Natural Gas Pipeline Easement in whole or in part, and Grantee shall have the right and option to operate the Pipeline Facilities for its own use or to lease, sell or assign any or all of the capacity of the Pipeline Facilities or the rights thereto.

21. This Natural Gas Pipeline Easement incorporates and describes all of the grants, undertakings, conditions and consideration of the parties. Grantor, in executing and delivering this Natural Gas Pipeline Easement, represents that Grantor has not relied upon any promises, inducements or representations of Grantee or its agents or employees, except as are expressly set forth herein.

22. Nothing contained herein shall be deemed or construed to be a merger, release, waiver, modification or amendment of any rights Grantee presently owns or holds, as reflected in the official records of the county where the Permanent Easement, Temporary Construction Easement and Permanent and/or Temporary Access Easement(s), if any, are located, including but not limited to easements encumbering other portions of Grantor's property.

23. This Natural Gas Pipeline Easement may be executed in counterparts, all of which together shall constitute a single document.

24. The rights, benefits, burdens and obligations acquired or assumed under the provisions of this Natural Gas Pipeline Easement shall inure to, benefit, bind and oblige Grantor, Grantee and his, hers, its or their heirs, executors, administrators, personal representatives, and successors and assigns.

EXHIBIT "A" FLMEF-HILL-207.00

Attached to and made a part of that certain NATURAL GAS PIPELINE EASEMENT dated ______________, 2018 by and between IMC DEVELOPMENT CORPORATION, a Florida corporation, as Grantor, and FLORIDA GAS TRANSMISSION COMPANY, LLC, as Grantee

DESCRIPTION OF THE LANDS

LANDS IN HILLSBOROUGH COUNTY, FLORIDA:

A parcel of land lying in the NW ¼ of Section 22, Township 30 South, Range 22 East, more particularly described as follows:

Commence at the NE corner of the NW ¼ of said Section 22, thence S.89°54'10" W., (assumed bearing) along North boundary of said Section 22, a distance of 1067.12 ft. to an intersection with the Southerly right of way boundary of the Seaboard Coast Line Railroad for a P.O.B. From said P.O.B. thence along an arc concave to the Northeasterly a distance of 432.49 ft., with a radius of 2671.12 ft. subtended by a chord of 432.02 ft. chord bearing S. 68°03'17"E., thence S.00°27'50"E. a distance of 52.20 ft. thence along an arc concave to the Northeasterly, a distance of 551.85 ft. with a radius of 2721.12 ft. subtended by a chord of 550.90 ft. chord bearing N.67°12'06" W, to a point on the aforementioned North boundary of Section 22, thence N. 89°54'10"E., along said North boundary, a distan ce of 107.57 ft. to the P.O.B.

AND

A parcel of land in Sections 14 and 23, Township 30 S, Range 22 E., more particularly described as follows:

Commence at the N.E. corner of Sec. 23, thence S.00°04'00"W., along E. boundary of said Sec. 23, a distance of 12.31 ft. to a point on Southerly R/W boundary of Seaboard Coast Line R.R. of P.O.B. Thence S.00°04'00"W., a distance of 50.42 ft., thence N. 82°32'35"W., 50 ft. from and parallel to S. R/W boundary of SCL Railroad, a distance of 496.69 ft. to point on S. boundary of Section 14, thence N.82°32'35"W. into Sec. 14, a distance of 1468.96 ft. (Total distance 1965.65 ft.) to a point of curvature. Thence on an arc concave to the S. a distance of 446.83 ft., with a radius of 1900.94 ft. Subtended by a chord of 445.81 ft. chord bearing N.89°16'37.5"W. to a point of tangency. Thence S.83°59'20"W., a distance of 250.86 ft. thence S. 83°59'28"W. a distance of 321.79 ft. thence N.00°02'40"E, a distance of 50.28 ft. to a point on the aforementioned Southerly R/W boundary of the SCL Railroad. Thence N.83°59'28"E, along said R/W boundary a distance of 321.79 ft. thence N.83°59'20"E, a distance of 245.55 ft. to point of curvature, thence on an arc concave to the S., a distance of 458.58 ft., with a radius of 1950.94 ft. subtended by a chord of 457.54 ft. chord bearings S.89°16'37.5"E. to a point of tangency. Thence S.82°32'35"E., a distance of 1861.68 ft. to a point on aforementioned S. boundary of Sec. 14, continue S.82°32'35"E. into Sec. 23 a distance of 97.48 ft. (Total distance 1959.16 ft.) to the P.O.B.

Being the same tract of land acquired by Grantor on the 18th day of December, 1970 in O.R. 2258 Page 44, Official Records of Hillsborough County, Florida.

GENERAL DESCRIPTION

A 1.22 acre Permanent Easement, lying in and being a part of Section 14, Township 30 South, Range 22 East, Hillsborough County, Florida, being on, over, and across a tract of land deeded to IMC DEVELOPMENT CORPORATION (Into Which Alafia-Keysville Land Company Was Merged) as recorded in Official Record Book 2258, Page 44, Official Public Records, Hillsborough County, Florida.

METES AND BOUNDS DESCRIPTION FOR PERMANENT EASEMENT

Metes and bounds description for a proposed 1.22 acre Permanent Easement being described as follows:

COMMENCING at a found two inch (2") angle iron marking the South quarter (1/4) corner of said Section 14 and being the Southeast corner of a tract of land deeded to Florida Gas Transmission Company, as recorded in Official Record Book 10094, Page 1963, Official Public Records, Hillsborough County, Florida, THENCE, run North 00 degrees 28 minutes 52 seconds East, along the Easterly line of Florida Gas Transmission Company tract of land, being common with the Westerly line of a tract of land deeded to James M. Rogers and Joyce A. Rogers, as recorded in Official Record Book 6526, Page 110 and Official Record Book 9383, Page 1072, Official Public Records, Hillsborough County, Florida, for a distance of 153.16 feet to the Northeast corner of said Florida Gas Transmission Company tract of land and the POINT OF BEGINNING, said point lying on a Southerly line of said IMC DEVELOPMENT CORPORATION tract of land;

THENCE, leaving said common line, run South 84 degrees 21 minutes 20 seconds West, along a Southerly line of said IMC DEVELOPMENT CORPORATION tract of land, being common with the Northerly line of Florida Gas Transmission Company tract of land, for a distance of 11.09 feet to a point;

THENCE, leaving said common line, run North 38 degrees 31 minutes 49 seconds East for a distance of 34.86 feet to a point;

THENCE, run North 84 degrees 21 minutes 20 seconds East for a distance of 240.70 feet to a point;

THENCE, run North 88 degrees 23 minutes 46 seconds East for a distance of 231.92 feet to a point;

THENCE, run South 85 degrees 50 minutes 06 seconds East for a distance of 231.97 feet to a point;

THENCE, run South 81 degrees 34 minutes 49 seconds East for a distance of 1,452.08 feet to a point lying on the Easterly line of said IMC DEVELOPMENT CORPORATION tract of land, being common with the Westerly line of a tract of land being deeded to Raymond E. Conrad, Trustee and Patricia A. Conrad, Trustee, as recorded in Official Record Book 14681, Page 116, Official Public Records, Hillsborough County, Florida;

THENCE, run South 00 degrees 15 minutes 32 seconds West, along said common line, for a distance of 25.16 feet to the Easterly South corner of said IMC DEVELOPMENT CORPORATION tract of land, being common with the Southwesterly corner of said Raymond E. Conrad, Trustee and Patricia A. Conrad, Trustee tract of land, said point lying on a Northerly line of Lot 1, Chapman Estates, according to the plat recorded in Plat Book 108, Page 145, Plat Records, Hillsborough County, Florida, and being deeded to Sylvia G. Chapman, Trustee, as recorded in Official Record Book 24584, Page 447, Official Public Records, Hillsborough County, Florida;

THENCE, run North 81 degrees 35 minutes 03 seconds West, along the Southerly line of said IMC DEVELOPMENT CORPORATION tract of land, being common with Northerly line of said Sylvia G. Chapman, Trustee tract of land and Lot 2, Chapman Estates, according to the plat recorded in Plat Book 108, Page 145, Plat Records, Hillsborough County, Florida, and being deeded to Nicholas E. Chapman and Jonnie K. Chapman as recorded in Official Record Book 16402, Page 841, Official Public Records, Hillsborough County, Florida, for a distance of 1,255.85 feet to a point;

THENCE, run North 81 degrees 34 minutes 59 seconds West, along the Southerly line of said IMC DEVELOPMENT CORPORATION tract of land, being common with Northerly line of said James M. Rogers and Joyce A. Rogers tract of land, for a distance of 198.87 feet to a point of curvature, being a curve concave to the South, having a radius of 2,283.09 feet and through a central angle of 11 degrees 32 minutes 35 seconds, for an arc distance of 459.76 feet to a point of tangency, said curve being subtended by a chord bearing of North 88 degrees 43 minutes 10 seconds West and a chord distance of 458.98 feet;

THENCE, run South 84 degrees 21 minutes 20 seconds West for a distance of 253.03 feet back to the POINT OF BEGINNING.