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2019-173
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2019-173
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Last modified
3/7/2024 9:32:51 AM
Creation date
10/24/2019 3:31:57 PM
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Template:
Official Documents
Official Document Type
Deed
Approved Date
10/22/2019
Control Number
2019-173
Agenda Item Number
13.A.
Entity Name
The Virginia W. Russell Family LTD. And Riverfront Groves, Inc./
Subject
Developers Agreement
Right of Way Deed
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2. Prior to or in conjunction with full or partial development of the Russell Property, <br />but not later than six (6) months from the date of this Agreement, Russell agrees <br />to dedicate to the County 30 feet of right-of-way along Russell's eastern property <br />line (adjacent to Riverfront's west line) to the County for the purpose of design, <br />permitting, and construction of 11 m Drive in accordance with plans and <br />specifications which shall be approved by all parties through the County right-of- <br />way permitting process in accordance with Chapter 312 of the Indian River <br />County Code of Ordinances. In addition, Russell shall dedicate to the County 60 <br />feet of right-of-way between the southern boundary of the Riverfront Property to <br />the south line of the Russell site to align with the portion of 11th Drive to be <br />extended by the County at a location determined by the County. Pursuant to <br />Section 1000.12, Indian River County Code, Russell shall receive transportation <br />impact fee credits in exchange for the dedication. Such credits shall be <br />determined as provided in the County's application for impact fees credit <br />agreement. <br />Prior to or in conjunction with full or partial development of the Riverfront <br />Property, but not later than six (6) months from the date of this Agreement, <br />Riverfront agrees to dedicate 30 feet of right-of-way along Riverfront's western <br />property line for the purpose of design, permitting, and construction of 11th Drive <br />in accordance with plans and specifications which shall be approved by all parties <br />through the County right-of-way permitting process in accordance with Chapter <br />312 of the Indian River County Code of Ordinances. Pursuant to Section <br />1000. 12, Indian River County Code, Riverfront shall receive transportation <br />impact fee credits in exchange for the dedication. Such credits shall be <br />determined as provided in the County's application for impact fees credit <br />agreement. <br />4. The right-of-way to be dedicated and the proposedalignment of l lth Drive are <br />depicted on Exhibit "C" attached and incorporated hereto. <br />5. For purposes of development, density, whether measured by residential units, <br />non-residential square foot area, or other method, shall be calculated based upon <br />the pre -dedication size (area) of the Russell Property and the Riverfront Property. <br />6. A. Russell agrees to design, permit, and construct 1 lth Drive as a two-lane <br />roadway as located on Exhibit "C", including turn lanes, (hereinafter "1 Ith <br />Drive Project"). All road construction shall be in compliance with design plans <br />and standards which have been approved by Indian River County through the <br />County right-of-way permitting process in accordance with Chapter 312 of the <br />Indian River County Code of Ordinances. <br />B. Provided the County, through its Public Works Director or other <br />designated official, has reviewed the bid documents prior to bidding and the bids <br />prior to approval for the work described herein, the County shall reimburse <br />Russell or its assignee for all design, permitting, and construction costs associated <br />
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