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2010-038
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Last modified
4/4/2017 1:59:10 PM
Creation date
10/5/2015 8:59:31 AM
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Resolutions
Resolution Number
2010-038
Approved Date
05/11/2010
Agenda Item Number
10.A.1.2.
Resolution Type
Lawsuit Settlement Approval
Entity Name
Waterway Village
DiVosta Homes
Subject
Settlement Documents
Bert J. Harris, Jr. Private Property Rights Protection Act
Note: There is no Page 16, Exhibit R - See Resolution 2010-038
Supplemental fields
SmeadsoftID
8435
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RESOLUTION ?00 -92010 - <br />and encumbrances to Indian River County as necessary and consistent with the Indian <br />River County Comprehensive Plan. <br />14. The north/south street identified as 51st Court shall be dedicated to the eountyCounty <br />and remain open street as a public street. <br />External Roadway Improvements <br />15. As a minimum, the developer shall pay a fair share contribution consistent with the <br />road impact fee ordinance of Indian River County in effect at the time of issuance of <br />building permits. Chapter 380, Florida Statutes, also cFed-i-ted towafd an—in requires that <br />any DRI DO exaction or fee required shall be credited toward an impact fee or <br />exaction imposed by local ordinances for the same need. The applicant, through the <br />PD process, has agreed to dedicate all rights-of-way without compensation, including <br />traffic impact fee credit. TheThese dedications are specified in the PD analysis. Any <br />exaction receiving credit for impact fees must be in accordance with agreements <br />between the developer and Indian River County. Certain areas of the site are subject <br />to Murphy Act Easements. The e&ui+tyCounty shall release its interest in those <br />easements in conjunction with the previously described dedication of the necessary <br />road rights-of-way. <br />16. No C.O's (certificates of occupancy) for Waterway Village DRI shall be issued until <br />the following roadways have been built in compliance with Indian River County <br />design standards and regulations: <br />53rd Street from 58th Avenue to the western most project entrance with a <br />westbound left turn lane on 53rd Street at 58th Avenue. <br />58th Avenue temporary construction entrance, located between 49th Street and 53rd <br />Street, and provide northbound right turn lanes, southbound left turn lanes, and <br />flasher convertible signal. <br />17. Prior to the issuance of a Land Development Permit for Phase 1, the developer shall <br />obtain countyCounty and Indian River Farms Water Control District release of <br />theirstheir interests in the H-1 canal and adjacent 53rd Street existing right -of way. <br />18. Prior to the issuance of a certificate of completion for phase 5,Phase 5 or Phase 7, the <br />southern leg of the 43rd Avenue extension, from the northern project entrance on 43rd <br />Avenue to 49th Street, shall be completed as identified on the master development <br />plan. <br />Intersection Improvements <br />19. No building permits for Waterway .il-lageVillage DRI shall be issued for more than <br />3-3-7--Elvelling units or after Dec - 31, 2005, whirl -eeeu s later,after January <br />1, 2011 until either: 1) contracts have been let for the intersection improvements <br />RM: 7375429: 1 <br />6 <br />
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