HomeMy WebLinkAbout2008-160 X008 J 6
DEVELOPER' S AGREEMENT BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
NAP INDIAN RIVER LLC
THIS AGREEMENT is made and entered into this V- day of M q V 20085
by and between Indian River County, Florida, apolitical subdivision of the State of Florida, 1801
27' Street, Vero Beach, Florida 32960 ("County'), and NAP Indian River LLC, a Florida limited
liability company, 7500 College Parkway, Ft. Myers, FL 33907("Developer").
WITNESSETH
WHEREAS, the Developer proposes to develop a commercial shopping center, located on
the east side of U. S. 1 , south of 53'd Street, in Vero Beach, Florida, to be known as Harbor Point
("Project"); and
WHEREAS, as proposed, Harbor Point will include approximately 68,850 square feet of
shopping center, four (4) outparcels, and other amenities, on approximately 19. 39 acres of land. A
legal description of the property is attached as Exhibit "A"; and
WHEREAS, the County desires to design and implement improvements to 53`d Street East
of U.S. 1 and to the intersection of U. S . 1 and 53'd Street, and has included such intersection and
roadway improvements in its funding priorities over the next five years; and
WHEREAS, the County and the Developer share mutual goals and can assist each other with
respect to right-of-way acquisition, roadway and drainage improvements, roadway improvements,
and other improvements described herein;
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants,
and premises stated herein, and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the County and the Developer agree as follows:
1 . Recitals: The foregoing recitals are incorporated as if fully restated herein.
2. Intersection and Roadway Design and Permitting: No later than September 30, 2008,
County will plan, survey, design, and obtain all necessary permits for construction of the proposed
improvements from the centerline of U. S . 1 at the intersection of 53 `d Street and U. S. 1 to apoint east
of the eastern boundary of Harbor Point, west of Indian River Boulevard, including signalization at
the 53 `d Street full access driveway/entrance to Harbor Point as described in the County Plans,
("Roadway Improvements"). Upon completion, said plans, designs, surveys and specifications shall
be incorporated by reference and made a part of this Agreement.
3 . A. Intersection and Roadway Construction: County and Developer acknowledge
that County intends to design, permit, and construct 53`d Street from Old Dixie Highway west to the
I
Lateral H canal, including a bridge across the canal ("County Project"). Developer shall
substantially complete construction of the Roadway Improvements contemplated in this Agreement
concurrently with or prior to the County ' s construction of the County Project. (The allocation of
tasks as between the County and the Developer is reflected on Exhibit `B ", attached hereto and made
a part hereof)
B . To secure the performance of the Developer and payments of all expenses
associated with the roadway improvement project, the Developer agrees to establish and maintain
a surety instrument throughout the term of the project. The surety instrument may be in the form of
a cash deposit or an irrevocable letter of credit. If the cash option is selected, the required sum shall
deposited with the County. If the letter of credit is utilized, the form and content thereof shall be
approved in advance by the County.
C. The amount of the surety instrument to be established by the Developer to secure
the performance hereunder shall be One Hundred Fifteen percent ( 115%) of the total roadway
improvement project costs as provided in the County approved estimate of project costs to be
prepared after the roadway improvement plans have been completed by the County. The surety
instrument shall be posted by the Developer no later than ten ( 10) days following County approval
of the estimate of project costs, and shall be maintained until the County' s final acceptance of the
roadway improvement project.
4. Impact Fee Credits : Developer shall receive and be entitled to traffic impact fee
credits for all reasonable costs associated with the Roadway Improvements, with the exception of
the following, which shall be considered site-related improvements :
A. Eastbound right-tum lane from 53`d Street.
B . Westbound left-turn lane from 53 `d Street.
C. Developer' s proportionate share of its cost of construction of the
Southbound left-tum lane from U. S . 1 to 53'd Street West, which
proportionate share is $6,340.00.
The County shall have the right to review and approve all bid documents, and the County's approval
shall not be unreasonably withheld.
5 . A. Sianalization at 53rd Street/Harbor Point Entrance: Concurrently with the
construction of 53'd Street, Developer shall install County designed signalization at the 53`d Street
driveway/entrance to Harbor Point. Developer shall be responsible for one-half (%,) of the
construction costs for such signalization, and Developer shall not receive impact fee credits for this
amount. Developer and County acknowledge that NAP Indian River II LLC will be responsible for
one-half ('/z) of the construction costs for such signalization, pursuant to a separate agreement with
2
the County, making the total sum contributed by both Developers the total construction cost for such
signalization. The signal shall be installed no later than the Certificate of Occupancy for the Harbor
Point grocery anchor is issued.
B. Maintenance of Signal: After the new traffic signal has been installed and turned
over to County for maintenance, the County shall be responsible for performing all signal related
engineering, operation, and maintenance activities. The Developer shall be responsible for funding
all signal related engineering, operation, maintenance, and electricity costs, in perpetuity, including
the electric account start-up fees . Once each month after signal activation to either a flashing or a
stop-and-go (red-yellow-green) mode, the County shall prepare an invoice for payment by the
Developer which the Developer shall pay within thirty (30) days. All decisions regarding signal
design, engineering, activation, timing, operation and maintenance shall be made the County. In this
paragraph only, "Developer" shall refer to "NAP Indian River, LLC" and "NAP Indian River II,
LLC", each to be responsible for one-half (%z) of the costs described in this paragraph.
6 . Stormwater Mana eg_ment: The Developer agrees to incorporate, at no cost to the
County, sufficient capacity within the Project to provide stormwater treatment and storage for that
section of 53rd Street which abuts the Project Property, and also for that portion of U. S. 1 lying east
of the center line of U.S. 1 which abuts the Project Property. The Developer shall have the
responsibility to design, permit, and install any on-site drainage improvements required to direct the
stormwater from the impervious area constructed by the Developer to the approved stormwater
management system. In the event the County requires the stormwater treatment and storage capacity
described in this paragraph prior to the time the Developer proposes to develop the Project,
Developer and County agree to enter into a separate Agreement permitting County to permit and
construct the stormwater treatment and storage pond, according to Developer' s design, at County ' s
cost and expense, provided: (i) all excavated soil shall remain on-site, as directed by Developer; (ii)
the design and location of the pond must be approved by Developer prior to permitting and
construction; and (iii) in the event Developer elects to do so, the stormwater retention and treatment
pond may be relocated by Developer during development of the Project, at Developer' s sole cost and
expense, provided the stormwater treatment and retention capacities remain available to the County.
Any such agreement shall provide that the Developer will convey to the County easements for
conveyance of the stormwater to the pond, and for treatment and retention of the stormwater in the
pond.
7. Concurrency: County and Developer acknowledge and agree that Chapter 910, Indian
River County Code, provides that whenever allon-proportionate Fair Share Developer' s Agreement
is executed by an applicant, and that Developer' s Agreement commits the applicant to construct
major capacity-producing transportation improvements, the applicant's project may be vested for
transportation concurrency for seven (7) years. (Such an agreement is called a "Qualified Non-
proportionate Fair Share Developer' s Agreement"). County and Developer agree that this
3
Developer's Agreement shall constitute a Qualified Non-proportionate Fair Share Developer' s
Agement pursuant to Chapter 910, Indian River County Code. Therefore, recognizing that the
Developer's proposed improvements will provide significant benefits to the transportation system,
County agrees that Developer's Harbor Point Project shall be vested for concurrency with a seven-
year Initial Concurrency Certificate upon payment of all impact fees (except those for which
Developer has received impact fee credits). Developer may elect to obtain a seven-year Initial
Concurrency Certificate for different parts of the Project at different times by paying (or receiving
credit for) impact fees for that part only.
8. County Purchase of Right-of-Way from Developer: The County agrees to purchase
the right-of-way from Developer on 53rd Street as described and shown on Composite Exhibit "C",
attached hereto and made a part hereof, for the purchase price of Twenty and 39/100 Dollars
($20.39) per square foot. The Developer shall convey title by Special Warranty Deed and shall pay
for documentary stamps. The County shall have the option of acquiring title insurance at its own
cost and expense. County shall pay all other costs of closing, except Developer' s attorney's fees.
Closing shall occur on or before September 30, 2008.
9. Insurance and Indemnification During Developer's performance of any construction
in County right-of-way covered by this Agreement, Developer shall provide the County with a
certificate of insurance evidencing that Developer or the Developer's Contractor has obtained and
maintains the insurance listed below. Developer or Developer' s contractor shall procure and
maintain for the duration of all construction contracts, insurance against claims for injuries to
persons or damages to property, which may arise from or in connection with the performance of the
work hereunder by the Developer, his agents, representatives, employees or subcontractors.
A. Minimu rn Scope of Insurance
(i) Worker' s Compensation as required by the State of Florida.
Employers Liability of $ 100,000.00 each accident, $500,000.00 disease policy limit, and $ 100,000
disease each employee.
(ii) General Liability $ 1 ,000,000.00 combined single limit per accident
for bodily injury and property damage. County shall be an additional insured. Auto Liability
$ 1 ,000,000.00 combined single limit per accident for bodily injury and property damage for owned
and non-owned vehicles. County shall be an additional insured.
(iii) Professional Liability Insurance providing coverage for intentional,
reckless or negligent acts, errors, or omissions committee or alleged to have been committed by
Developer's Engineer with a limit of $500,000.00 per claim/annual aggregate.
4
B . There shall be no more than $ 5,000 .00 deductible per claim amount unless
approved by the County Risk Manager. Any deductibles or self-insured retentions greater than
$ 5,000.00 must be approved by the Risk Manager for Indian River County with the ultimate
responsibility for same going to the Developer.
C . Developer' s insurance coverage shall be primary.
D. All above insurance policies shall be placed with insurers with a Best' s rating
of no less than AV. The insurer chosen shall also be licensed to do business in Florida.
E. The insurance policies procured shall be per occurrence policies or as
generally available on the open insurance market.
F. The insurance carriers shall supply Certificates of Insurance evidencing such
coverage to the Indian River County Risk Management Department prior to the commencement of
any work in a County right-of-way.
G. The insurance companies selected shall send written verification to the Indian
River County Risk Management Department that they will provide thirty (30) days written notice
to the Indian River County Department of Risk Management of its intent to cancel or terminate said
policies of insurance.
H. A written safety inspection plan must be submitted to the Indian River County
Risk Management Department for approval prior to the commencement of any work in a County
right-of-way.
I. Developer or Developer' s Contractor shall include in all subcontracts for
subcontractors the above insurance requirement or show them as insured under its policies or shall
furnish separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
J. Developer hereby agrees to indemnify Indian River County and
representatives thereof from personal injury and property damage claims that arise from intentional,
reckless or negligent acts, errors or omissions of the Developer or Developers' representatives that
occur in the construction of the Road Improvements under this Agreement for which Developer is
responsible to construct under this Agreement. The foregoing indemnity of Developer shall be
limited solely to those personal injury and property damage claims that arise during the period of
time Developer is actually constructing said Road Improvements and Developer shall not indemnify
Indian River County, and Indian River County shall hold Developer harmless, for any claims arising
after the completion and acceptance of said Road Improvements by Indian River County. To the
5
extent permitted by law, Indian River County hereby agrees to indemnify Developer from: (i) all
claims arising solely from intentional, reckless or grossly negligent acts, errors or omissions of
Indian River County or its representatives in the performance of services under this Agreement for
which Indian River County is responsible for performing; and (ii) all claims whatsoever arising in
connection with the Roadway Improvements or right-of-way (as set forth in Section 8 of this
Agreement) that arise after the conveyance of said right-of-way to Indian River County.
10. Miscellaneous:
A. In the event of any litigation or appeal arising out of this Agreement, the
prevailing party shall be entitled to recover attorney' s fees and costs from the non-prevailing party.
B . No amendment, modification, change, or alteration of this Agreement shall be
valid or binding unless accomplished in writing and executed by all of the parties hereto.
C. This Agreement shall be binding upon and inure to the benefit of the parties hereto
and their successors and assigns.
D . This Agreement contains the entire agreement and understanding between the
parties. No representation, statement, recital, undertaking or promise not specifically set forth herein
shall be binding on any party hereto. This Agreement shall not be effective unless signed by
Developer and County.
E. The obligations ofthe Developer to this Agreement are expressly conditioned upon
the Developer's decision, at Developer' s sole discretion, to proceed with this Project or with the
Landings, a project to be located north of 53rd Street, east of Highway U. S . 1 : If either project
proceeds, Developer will fulfill its obligations under this Agreement.
F. No Building Permit, Certificate of Completion, or Certificate of Occupancy shall
be withheld or delayed by the County for Harbor Point or any portion thereof, nor shall the County
delay or withhold any other required permits, due to the County 's failure to perform any obligation
described herein, provided that the Developer is in compliance with this Agreement, all other
elements of the site plan approval for Harbor Point and applicable laws and regulations.
G. Except as described herein and in the site plan approval for Harbor Point, the
County shall not require Developer to construct, contribute to, or share in the costs of any additional
off-site improvements, other than the payment of or credits toward applicable impact fees.
H. This Agreement and all matters arising hereunder shall be governed by and
construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian
6
River County, Florida. Time shall be of the essence .
I. This Agreement shall be deemed prepared jointly by each of the parties hereto and
shall be construed on parity as between the parties. There shall be no canon of construction for or
against any party by reason of the physical preparation of this Agreement.
J. Whenever the singular number is used in this Agreement and when required by
the context, the same shall include the plural; and the masculine, feminine, and neuter genders shall
each include the others.
K. County and Developer shall grant such further assurances and provide such
additional documents as may be reasonably required by one another from time to time, and cooperate
fully with one another in order to carry out the terms and conditions hereof and comply with the
express intention of this Agreement.
L. Failure to insist upon strict compliance with any of the terms, covenants, or
conditions herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any
waiver or relinquishment of any right or power hereunder at any one time or times be deemed a
waiver or relinquishment of such right or power at any other time or times.
M. All words, terms and conditions contained herein are to be read in concert,
each with the other, and a provision contained under one paragraph may be considered to be equally
applicable under another in the interpretation of this Agreement.
N. The words herein and hereof and words of similar import, without reference
to any particular section or subdivision of this Agreement, refer to this Agreement as a whole rather
than to any particular section or subdivision hereof.
O. In the event any term, condition, or clause of this Agreement is declared to
be illegal or unenforceable by a court of competent jurisdiction, such declaration of illegality or
unenforceability shall not affect or alter the legality or enforceability of any remaining term,
condition, or clause hereof, provided of the parties, as set forth in this Agreement.
P . Time is of the essence as to all matters in this Agreement.
Q. In the event state or federal laws are enacted after the execution of this
Agreement, which are applicable to and preclude in whole or in part the parties ' compliance with
the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is
necessary to comply with such laws, in a manner which best reflects the intent of this Agreement.
This Agreement shall not be construed or characterized as a development agreement under the
Florida Local Government Development Agreement Act.
R. Only ifthe total cost of construction ofthe Roadway Improvements, excluding
the site-related improvements described herein, exceeds the total amount of transportation impact
fees associated with the Project, and the Developer submits invoices to the County for payment
pursuant to paragraph 4 herein, then the Developer shall solicit public bids for construction of the
7
Roadway Improvements .
S . Following construction of the roadway improvements, Developer agrees to
assign the one (1 ) year warranty it received from its Contractor to the County, and further agrees
to execute a Bill of Sale Absolute for the roadway improvements to the County.
T. County acknowledges that Developer' s agreement to construct 53 rd Street
will result in the delay of construction of some site-related offsite improvements. County agrees
that such improvements will be constructed in conjunction with the construction of 53 rd Street
contemplated herein. Therefore, County shall not withhold any Certificates of Occupancy from
Developer or Developer's purchasers or tenants due to the Developer' s failure to complete any
site- related off site improvement which is to completed in conjunction with the construction of
53 rd Street.
IN WITNESS WHEREOF the County and Developer have caused these presents to be
executed in their names, the day and year first above written.
DEVELOPER: BOARD OF COUNTY,COMMISSIO FRS
NAP INDIAN RIVER, LLC INDIAN RIVER COUN Y,YLORIDA
a Florida limited liability company
By: NAP INVESTMENTS
MANAGEMENT COMPANY, INC. ,
L
Georgia c oration thorized to t�
do business f Florida By : LL
d� l
Sandra L. Bowden, Chairman
By:
Its: irF . Pfi CwS u • S�dPj
By :
WITNE seph A. aird,
tncepm
unty Administrator
S :orp r e seal 1plof Zwitnesses) Attest: D [ -
fp� , 7effrey K. Barton
Clerk of Court
Ap�r�j�e to fo� and 1 s ncy
County Attorney
8
EXHIBIT "A"
NAP Property
EXHIBIT 'B"
Allocation of Tasks
EXHIBIT `C'
Right- f--Wav Purchase from Developer
9
EXHIBIT "A"
NAP PROPERTY
LEGAL OF NAP PARCEL
PART OF 77'E NORTHWEST V4 OF 77,E NORTHWEST V4; SECnON 23
TOWNSW 32 SOUTK RANGE W EAST, AMN RVER CaWY FLOWA
NAP PARCEL• (OFFICIAL RECORDS BOOK 1707, PAGE 2362)
"ALL THAT PART OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER OF
SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, LYING
EASTERLY OF U.S. HIGHWAY NUMBER 1 (STATE ROAD 5) RIGHT-OF-WAY (120 FEET WIDE)
AND SOUTHERLY OF 53RD STREET RIGHT-OF-WAY (WIDTH VARIES), LESS AND EXCEPTING
THAT PARCEL CONVEYED TO JOHN P. WILLIAMS DESCRIBED IN DEED BOOK 42, PAGE 80, ET
SEG., OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA (NOW CONSTITUTING A PART
OF INDIAN RIVER COUNTY, FLORIDA), AND LESS AND EXCEPTING THAT PARCEL CONVEYED TO
GLENN W. HARP AND LILLIAN HARP, HIS WIFE, BY DEED RECORDED IN OFFICIAL RECORD
BOOK 34, PAGE 483, ET. SEQ., PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
"SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF THE NORTHWEST ONE- QUARTER OF THE NORTHWEST ONE-QUARTER
OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, RUN SOUTH 89'56'56" EAST ALONG
THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER A
DISTANCE OF 1338.72 FEET TO THE EAST LINE OF SAID NORTHWEST ONE-OUARTER OF THE
NORTHWEST ONE-QUARTER; THENCE RUN SOUTH 00'05'01 " EAST ALONG SAID EAST LINE A
DISTANCE OF 58.00 FEET TO THE SOUTH RIGHT-OF- WAY OF 53RD STREET (KINGSBERRY
ROAD), SAID RIGHT-OF-WAY DESCRIBED IN OFFICIAL RECORD BOOK 0882, PAGE 2040+ ,
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND POINT OF BEGINNING. FROM SAID
POINT OF BEGINNING CONTINUE SOUTH 00'05101 " EAST ALONG THE AFOREMENTIONED EAST
LINE OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER A DISTANCE OF
1087. 64 FEET TO THE NORTH LINE OF THAT CERTAIN PARCEL DESCRIBED IN DEED BOOK 421
PAGE 80+, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE RUN NORTH 89'48'12"
WEST ALONG SAID NORTH LINE A DISTANCE OF 598.27 FEET TO THE EAST RIGHT-OF-WAY
LINE OF U.S. HIGHWAY NUMBER 1 (STATE ROAD NUMBER 5 - 120' WIDE RIGHT- OF- WAY);
THENCE RUN NORTH 19'04'37" WEST ALONG SAID EAST RIGHT-OF- WAY LINE A DISTANCE OF
256. 97 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT, SAID CURVE BEING
CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 17,128.75 FEET, A CENTRAL ANGLE OF
02'43'31 ", BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 17'3614"
WEST, 814. 68 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE A DISTANCE OF 814. 73
FEET TO THE SOUTH LINE OF THAT CERTAIN PARCEL CONVEYED IN DEED BOOK 34, PAGE
483, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 89'56'22"
EAST ALONG SAID SOUTH LINE OF A DISTANCE OF 128. 26 FEET; THENCE RUN NORTH
00'00'26" EAST ALONG THE EAST LINE OF SAID PARCEL CONVEYED IN DEED BOOK 34, PAGE
483, A DISTANCE OF 79.04 FEET TO THE AFOREMENTIONED SOUTH RIGHT- OF-WAY UNE OF
53RD STREET; THENCE RUN SOUTH 89'56'56" EAST ALONG SAID SOUTH RIGHT- OF- WAY LINE
A DISTANCE OF 660.80 FEET; THENCE RUN SOUTH 00905'01 ' EAST ALONG SAID SOUTH
RIGHT-OF- WAY LINE A DISTANCE OF 12.00 FEET; THENCE RUN SOUTH 89'56'56" EAST
ALONG SAID SOUTH RIGHT-OF- WAY LINE A DISTANCE OF 137.96 FEET TO THE POINT OF
BEGINNING. "
SAID PARCEL LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, CONTAINING 19. 39
ACRES, MORE OR LESS.
PROJ. 03-77E
DWG R 18410A
PREPARED BY - SHEET 1 OF 1
EXHIBIT 'A"
1 CARTER ASSOCIATES, INC.
CONSUL77NG ENGINEERS AND LAND SURVEYORS
1706 81ST STR=T 778-562-4101 (TEL)
VERO BEACH, FLORIDA 98980-8478 778-588-7180 PA%
' V
EXHIBIT "B"
ALLOCATION OF TASKS
Task Allocation Summary
Task Responsible Party
County Developer
Design and Engineering X
Permitting X
Procurement of Contractor X
Construction and Field Stakeout X
Review/Approval of Contractor Pay Requests (within the base contract) X
Review/Approval of Contractor Change Order Requests (if an ) X X
Materials Testing X
- inspections X
Pre oration of As-Built Plans X
Pre oration of Close-out Package X
Final Certifications (FDOT, SJRWMD) X
EXHIBIT "C"
RIGHT-OF-WAY PURCHASE FROM DEVELOPER
NAP INDIAN RIVER, LLC - RICHT-®F- WAY
SKETCH & ®ESCRIPT/CN
PART OF THE NORRMWEST V4 OF THE NORTHWEST l/4 OF SECTION 2$
TON7VSW 32 SOUTH RANGE 39 EAST, gVDIAN RIVER COUNTY, FLORIDA
RIGHT-OF-WAY SKETCH AND DESCRIPTION FOR 53RD STREET (KINGSBERRY ROAD)
A PORTION OF THE NORTHWEST ONE-QUARTER ( 1 /4) OF THE NORTHWEST ONE- QUARTER ( 1 /4) OF SECTION 23,
TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, LYING EASTERLY OF U.S. HIGHWAY NUMBER
1 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, RUN SOUTH
89'5656" EAST ALONG THE NORTH LINE OF SAID SECTION 23 A DISTANCE OF 1338.72 FEET TO THE NORTHEAST
CORNER OF THE NORTHWEST ONE-QUARTER ( 1 /4) OF THE NORTHWEST ONE-QUARTER ( 1 /4) OF SAID SECTION 23;
THENCE RUN SOUTH 00'0501 " EAST ALONG THE EAST LINE OF SAID NORTHWEST ONE -QUARTER ( 1 /4) OF THE
NORTHWEST ONE-OUARTER ( 1 /4) A DISTANCE OF 58.00 FEET TO THE INTERSECTION WITH THE SOUTH
RICHT-OF-WAY LINE OF 53RD STREET (KINGSBERRY ROAD) AS IT NOW EXISTS: THENCE RUN NORTH 89'56'56" WEST
ALONG SAID SOUTH RIGHT- OF-WAY LINE A DISTANCE OF 137.96 FEET TO THE POINT OF BEGINNING; FROM SAID
POINT OF BEGINNING CONTINUE NORTH 89656'56" WEST A DISTANCE OF 180.04 FEET; THENCE RUN SOUTH
00603'04" WEST A DISTANCE OF 12.00 FEET; THENCE RUN NORTH 89'56'56" WEST A DISTANCE OF 470. 62 FEET TO
A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 100.00 FEET, A CENTRAL
ANGLE OF 5'4935" AND A CHORD BEARING AND DISTANCE OF SOUTH 87-08' 17" WEST, 10. 16 FEET; THENCE RUN
ALONG THE ARC OF SAID CURVE A DISTANCE OF 10. 17 FEET TO A POINT OF INTERSECTION WITH A
NON -TANGENTIAL LINE; THENCE RUN NORTH 0900'27" EAST ALONG SAID NON -TANGENTIAL LINE A DISTANCE OF
24.52 FEET TO A POINT ON THE AFOREMENTIONED SOUTH RIGHT- OF-WAY LINE OF 53RD STREET (KINGSBERRY
ROAD); THENCE RUN SOUTH 89'56'56" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 560.80 FEET;
THENCE RUN SOUTH 00005'01 " EAST A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND CONTAINING 13,641 SQUARE FEET
( ±0.313 ACRES), MORE OR LESS.
SURVEYOR'S NOTES:
1 . UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND
MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE FOR RIGHTS-OF-WAY,
EASEMENTS OF RECORD, RESERVATIONS, OWNERSHIP, ABANDONMENTS, DEED RESTRICTIONS, ZONING REGULATIONS OR
SETBACK LINES, LAND USE PLAN DESIGNATION, ADJOINING DEEDS OR MURPHY ACT DEEDS. THIS SURVEY IS NOT
INTENDED TO DELINEATE WETLANDS, LOCAL AREAS OF CONCERN OR ANY OTHER JURISDICTIONAL DETERMINATION.
3. THIS EXHIBIT DOES NOT INTEND TO REFLECT OR DETERMINE OWNERSHIP.
4. THIS IS NOT A BOUNDARY SURVEY. THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY.
5. BEARING DATUM SHOWN HEREON ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT OF
1999 AND PROJECTED IN THE STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE (901 ). THE BEARING ALONG
THE NORTH LINE OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST IS SOUTH 8905656 " EAST. ALL OTHER
BEARINGS SHOWN HEREON ARE RELATIVE THERETO.
6. ALL REFERENCES TO PLAT BOOKS OR OFFICIAL RECORD BOOKS ARE IN THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA.
7. THIS SKETCH AND DESCRIPTION CONSISTS OF 2 SHEETS AND SHALL NOT BE CONSIDERED VALID UNLESS BOTH
SHEETS ARE PRESENT AND SHEET 1 BEARS THE ORIGINAL SIGNATURE AND RAISED SEAL OF THE FLORIDA
REGISTERED SURVEYOR AND MAPPER. i
PROD. 03- 77E
DWG Y 15421 -A
PREPARED BY - SHEET I OF 2
I CARTER ASSOCIATES INC.
DAVID E. UIETH,E, P.S.K DATE ICONSULTING ENGINEERS AND LAND SURVEYORS
FLORIDA LICENSE Nw 572E LI M 818T 8Txw
CARTER ASSOCIATES, INC. LB 205 VMD R11"IL FIAMDA 84860-8478 778--EE4-71M ►A4
NAP INDIAN RIVER - ADDITIONAL RIGHT-OF- WAY
DEDICATION SKETCH & DESSR PTION
PART GF THE NORYTHWEST 9/4 OF THE AURTHWEST114 0TJO° 23,
TOVASHI.P 32 SOUTT7 RANGE 39 EAST, INDAN MINER COUNT, FLORIDA
PDINT OF", COMMENCEMENT FOUND NORTH LINE OF SECTION 23,
NAIL WTH\BRASS DISK STAMPED "UB EXISTING SOUTH R/W
6426' \NO THWEST CORNER OF 53RD STREET
SECTION 2 TOWNSHIP 32 SOUTH, NE COR. OF NW 1 4
rll RANGE '39 QAST /
gg Q OF NW 1 /4, SEC. 23,
d5 F�/4 \S�'duR�j pUY�yAg4p) S 8956'56" E T 32 S, R 39 E.
S 89'56'56' E 1338.72' _ 660.80' - S 0905'07 " E 12.00'
11�a9 23 . .` ,.. - ® S 000501 " E
6' 8[rU4" 7.96 58.00'
N 8956'56" W 470.62' 1
` `\ '• N 00600'27" E `1 N B956'56" W P.O.B.
R=100.00 24.52' I L=70.17 S 00'03'04" W
\ A=5'49'35" 12.00'
EAST UNE OF THE '^
NW 1 /4 OF NW 1 /4 o
I o
Cl
P { &W t14 OF 7HE NW 114
R=17128.75 3f ` SEC.TIOPI23, TONNSW $
•-1 , O
L=814.7s )', 32 SOUT!-� R.4F�GE 39 EAST
43'37 " -`
1`i i \. gay Ch B=Ni7'3553'W1EXISTING EASTERLY .i
1 TS '1X \ Ch=814.68RIGHT-OF-WAY UNE OF U.S. !
HIGHWAY No. 1 (STATE ROAD !
NO. 5)
I
CS 1 \ J
89'4812" W 598.27
N. UNE OF PARCEL DESCRIBED
IN D.B. 42, PG. 80+, S.L.C., FL
LEGEND
Ch B = CHORD BEARING
Ch = CHORD LENGTH
COR. = CORNER
D.B. = DEED BOOK
4 = DELTA ANGLE
FL = FLORIDA
L = ARC LENGTH
PG. - PAGE
GRAPHIC SCALE P.O.B. = POINT O BEGINNING
R = RADIUS
R/W = RIGHT-OF- WAY
30D 0 150 300 600 SEC. = SECTION
S.L.C. = ST. LUCIE COUNTY
T 32 S = TOWNSHIP 32 SOUTH
w, R 39 E = RANGE 39 EAST
( IN FEET )
PROJ. 03- 77E
1 inch = 300 ft. DWG q 18420-A
PREPARED BY - SHEET 2 OF 2
CARTER ASSOCIATES , INC .
CONSULTING ENGINEERS AND LAND SURVEYORS
I706 21ST STREET 772-582-4191 (TEL)
VERO BEACH, FLORIDA 32960-9472 772-562-7180 (FAR)