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Home My WebLink About2005-119 RESOLUTION NO. 2005- 119 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, APPROVING AN EXCHANGE OF LAND WITH WINDSOR PROPERTIES, A FLORIDA GENERAL PARTNERSHIP. WHEREAS, Windsor is the owner and developer of real property located on the north barrier island, between State Road Al and the Atlantic Ocean, situated immediately adjacent to both the north and south sides of Golden Sands Park; and WHEREAS, The approximately 9.287 acre Windsor property located immediately south of the Park is separated from the remainder of the Windsor Community by the Park; and WHEREAS, Windsor desires to make an even exchange of land with Indian River County that would make Windsor's land holdings contiguous, and move the County Park parcel to the south onto what is now Windsor's south parcel; and WHEREAS, the terms and conditions of the proposed exchange have been noticed in the newspaper once a week for two weeks pursuant to Florida Statute 125.37, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Agreement between Indian River County, Florida and Windsor Relating to the Exchange of Real Property" is approved and Chairman is authorized to execute the Agreement and any necessary deed to effectuate the exchange. The resolution was moved for adoption by Commissioner Neuberger and the motion was seconded by Commissioner Davis and, upon being put to a vote, the vote was as follows: Thomas S. Lowther, Chairman Aye Arthur R. Neuberger, Vice Chairman Aye Sandra D. Bowden Aye Wesley S. Davis Aye Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 2nd day of , 2005. August BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Thomas Lowther, Chairman BCC approved: August 2, 2005 JeffreyK. Ba Clerk Deputy Clerk Approved as to form And legal sufficiency: By: illiam G. olliX-1, I County Attorney AGREEMENT BETWEEN INDIAN RIVER COUNTY,FLORIDA AND WINDSOR RELATING TO THE EXCHANGE OF REAL PROPERTY THIS IS AN AGREEMENT RELATING TO THE EXCHANGE OF REAL PROPERTY (this "Agreement"), between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose mailing address is 1840 251h Street, Vero Beach, Florida, 32960 ("County") and WINDSOR PROPERTIES, a Florida General Partnership, whose mailing address is 3125 Windsor Boulevard, Vero Beach, Florida 32963 ("Windsor"). WITNESSETH WHEREAS, Windsor is the owner and developer of real property located on the north barrier island, between State Road AIA and the Atlantic Ocean, situated immediately adjacent to both the north and south sides of the County Park known as Golden Sands Park ("Park"); and WHEREAS, The approximately 9.287 acre Windsor property located immediately south of the Park (as described in Exhibit"A") is separated from the remainder of the Windsor Community by the Park; and WHEREAS, Windsor has recently made a significant investment in construction of a golf cart tunnel under State Road A 1 A for the safety of its residents; and WHEREAS, Windsor's south parcel does not have golf cart access to the tunnel and the remainder of the Windsor community without traveling on State Road AIA; and WHEREAS,the Park facilities received significant damage in the 2004 hurricanes, and have not yet been repaired; and WHEREAS, Windsor desires to make an even exchange of land with Indian River County that would make Windsor's land holdings contiguous, and move the County Park parcel to the south onto what is now Windsor's south parcel (as depicted in Exhibit "A"); and WHEREAS,the parcels that are the subject of this Agreement are of equal size, environmental character, and contain the same length of frontage on both State Road AlA and the Atlantic Ocean; and WHEREAS, after advertising the terms and conditions of the exchange once a week for two weeks, in accordance with the requirements of Section 125.37, Florida Statutes, the Board of County Commissioners of Indian River County,Florida met in regular session on August 2, 2005 and adopted a resolution authorizing the appropriate County officers and officials to execute this Agreement and all documents necessary to effect the exchange of the subject properties in accordance with the terms of this Agreement; and WHEREAS, the parties desire to enter into this Agreement to set forth the terms and conditions of said exchange of the subject properties. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the County and Windsor agree as follows: 1. Recitals. The foregoing recitals are affirmed as being true and correct and are hereby incorporated by reference. 2. Lands to be Exchanged. The properties that are the subject of this Agreement are legally described and depicted in Exhibit `B" and Exhibit "C" attached hereto. 3. Windsor Obligations. Windsor agrees to: a. Provide Boundary surveys for both parcels that are a part of this Agreement. b. Design, Permit, and Construct a new Golden Sands Park for Indian River County with facilities and improvements comparable to or better than the Park Facilities as they existed on September 1, 2004. Design and Construction will be performed by qualified consultants and contractors to be selected by Windsor and approved by County, which approval shall not be unreasonably withheld. The Parties intend that this shall be a turnkey, design-and-build project delivered to the County. Entry to the new Park will remain at the same location as the existing entry. c. Make an unrestricted cash.donation to Indian River County of One-Million Dollars ($1,000,000.00). These monies shall be placed in an escrow account at Smith, O'Haire, Quinn and Candler, P.A. within fifteen(15) days of the execution of this Agreement for release on final recording of Exchange Deeds. Windsor shall retain the right to any interest earned prior to recording the Exchange Deeds. d. Provide County with a Phase 1 Environmental Site Assessment for the Windsor property, on or before October 3, 2005 4. County Obligations. County agrees to: a. Provide Windsor with a Phase I Environmental Site Assessment for the County property. b. Cooperate fully in assisting with maintenance of traffic and operation of the Park during construction, recognizing that there may be times when the Park will be temporarily closed or partially inaccessible. c. Provide timely inspections and reviews as may be necessary during construction of the new Park. d. Prepare,publish, and pay for any and all necessary public notices and advertisements that may be required to fulfill both parties' obligations under this Agreement. e. Initiate and act as the applicant for an amendment to the Future Land Use Map to properly designate all the lands involved in this Agreement (the affected portion of the County property to change from Rec—Recreation to L-1, 3 Units/Acre and Windsor south property from L-1, 3 Units/Acre to Rec—Recreation). The amendment shall provide that the land use designation for both parcels shall revert to their original designations if the exchange of land contemplated herein has not been accomplished within two (2) years of the effective date of the amendment. f. Initiate and act as the applicant for a zoning change request to properly zone all the lands involved in this Agreement (the affected portion of the County property from Con-1 to RS-3 and, if the County desires, the Windsor south property from RS-3 to Con-1.) In conjunction with this provision, County agrees to authorize Windsor to apply for an amendment to the Windsor Planned Development ("PD") to incorporate the affected portion of the County property into the PD prior to the exchange. g. Act as the applicant for all site related approvals and permit applications to all agencies having jurisdiction over the Park. h. Designate a Capital Projects Manager and make available the appropriate County staff members to provide input during the design, and permitting process as if this were a County initiated Capital Project. County review of design drawings will occur at three milestones in the project design process: 1)Design Development; 2) Seventy-Five percent (75%) Drawings; and 3) One-Hundred percent (100%) Drawings. i. Not make unreasonable requests of Windsor as to the facilities and amenities to be constructed by Windsor in the Park over and above replacement of facilities and amenities that existed on September 1, 2004. j. Expedite all site plan and permit reviews over which it has control, and support the Design Team in pursuit of all jurisdictional agency permit applications. k. Authorize Windsor, its employees, agents, and contractors, to perform the work contemplated herein on County property. 5. Drawings. The 100% Construction Plans for the Park, as accepted by the County will be made a part of this Agreement once completed. Any modifications to the Drawings, Design, or Construction Plans must be approved by both parties. 6. Timeline. Both parties agree to move forward expeditiously to complete their individual and joint obligations. Barring unforeseen delays caused by factors outside of the control of either party, or acts of God, the work described in this Agreement is to be completed by December 31, 2006. Notwithstanding the foregoing, Windsor shall not be obligated to commence the design, permitting, or construction of the new Park Facilities until the Amendment to the Future Land Use Map described in Section 41 above is completed. 7. Exchange of Property. Within ten (10) days of completion of construction, and acceptance of Park Improvements by County, Windsor shall send notice to the County and shall schedule a closing of the transaction contemplated by this Agreement at a time that is mutually convenient to the County and Windsor. At the Closing the parties shall exchange deeds and compensation as provided for in this Agreement. The place of the Closing shall be the office of the County Attorney for Indian River County, unless otherwise agreed to by the parties. At the Closing, the County shall deliver to Windsor (or to a related entity designated by Windsor) an executed Statutory Deed in accordance with Section 125.411, Florida Statutes, for the County Park Parcel ("County Deed"). At the Closing, Windsor shall convey to the County by Special Warranty Deed the Developer Property("Developer Deed"). Windsor shall, by Special Warranty Deed, convey marketable title; subject only to those permitted exceptions set forth in Exhibit "D" attached hereto. Each party shall have the option, at its own expense,to purchase title insurance. 8. Documentary Stamps, Transfer Taxes. Windsor shall pay any and all documentary stamps, sales and/or transfer taxes associated with the exchange of the Lands as may be applicable by State or local law. 9. Recordinz. Windsor shall pay all recording fees in connection with the recordation of the deeds and other documents as may be required to effect the exchange of the Lands as contemplated herein. 10. Proration of Taxes. Real estate taxes shall be prorated as of the date of Closing. In accordance with Section 196.295, Florida Statutes, Windsor shall place in escrow with the tax collector of Indian River County, at Closing an amount equal to the current taxes on the Windsor South property prorated to the date of Closing, based upon the current assessment and millage rates for the Developer Property. 11. Notices. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed given if delivered by hand, facsimile, sent by recognized overnight courier (such as Fedex) certified mail, return receipt requested, in a postage pre-paid envelop, and addressed as follows: As to County: Indian River County 1840 25th Street Vero Beach, Florida 32960 Attn: County Administrator Phone: (772) 567-8000, ext. 1408 Facsimile: (772) 770-5095 With a copy to County's Legal William G. Collins, II, Esq. Representative County Attorney 1840 251h Street Vero Beach, Florida 32960 Phone: (772) 567-8000, ext. 1425 Facsimile: (772) 770-5095 As to Windsor: Windsor Properties, Inc. 3125 Windsor Blvd. Vero Beach, Florida 32963 Attn: Mark Justice Phone: (772) 388-8365 Facsimile: (772) 388-8984 With a copy to Windsor's Mr. Jerry Quinn Legal Representatives: Smith, O'Haire, Quinn& Candler 3111 Cardinal Drive Vero Beach, Florida 32963 Phone: (772) 231-6900 Facsimile: (772) 231-9729 Mr. Bruce Barkett Collins,Brown, Caldwell, et al 756 Beachland Blvd. Vero Beach, Florida 32963 Phone: (772) 231-4343 Facsimile: (772) 234-5213 Notices personally delivered or sent by overnight courier shall be deemed given on the date of receipt, notices sent via facsimile transmission shall be deemed given upon transmission and proof of receipt as evidenced by a confirmation of transmittal page and notices sent via certified mail in accordance with the foregoing shall be deemed given three (3) days after being deposited in the U.S. Mails. 12. Amendment or Modification. 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. 13. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. 14. Entire Agreement. 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. 15. Venue and Choice of Law. 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 River County, Florida. If jurisdiction in Federal Court, jurisdiction shall be in the Southern District of Florida. 16. Cooperation. County and Windsor shall grant such further assurances and provide such additional documents as may be 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. IN WITNESS WHEREOF the County and Windsor have caused these presents to be executed in their names, the day and year first above written. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: , Thomas Lowther, Chairman BCC Approved: August 2, 2005 BY: C A u_ oseph Baird, County Administrator Approved as to form Attest. Jeffrey K. Barton Clerk of Court ounty Attorney WINDSOR PR ERTIES, a Florida General Partn rs p WITNESS: 4rncv�.. � � �..,5)� By: Name: `j an,� _ Pr e..Q� Name: a k 0 Title: ( z 5 i WITNESS:Cia &IJ&j Name: (Corporate Seal) STATE OF FLORIDA ) ss.. COUNTY OF INDIAN RIVER ) The foregoing instrument was cknowledged b fore me this day of , 2005, by u. , as President of Windsor Properti s, a Florida General Partnership. He is per4onally known to me or has produced as identification. 4—r Notary: s ......................... Print Namq"" �"� a— L ,rr o""""" JENNIFER L.RIiT o`"RY G'�S Commission#D00126212 ; Notary Pub 'c State of Florida NOTARY SEAQ= ��..,_ y 4a,; Expires si16i2006 My commission expires: �- Bonded through i!""'^-+32-4254) Flori" Notary Assn.,Inc. .:.................................................i EXHIBIT e' A ,a P:\Survey\86901.01\dwg\Go1den Sands.dwg, Jul 27, 2005 - 9:45:53AM, gwwBASK . BOUNDARY SKETCH PROJECT: 86901.01 DON� """' �� EXISTING FlEll1 SURVEY DATE: NOT A SURREY �� ,q INC, GOLDEN SANDS PORPERTY PARCEL SECTION: 14 INNOVATIVE INFRASTRUCTURE SOLUTIONS 8M N.va331ett sn. sons 100 TO ACCOMPANY LEGAL DISCRIPTION TOWNSHIP: 31 . MODM IL 32M 132104-ma NOT A SURVEY NOT TO SCALE813813 M 28-0000RANGE-- SOUTH 39 EAST i I i °CFq LEGEND I �a 199 POC=POINT OF COMMENCEMENT i I �?Pc SBOjys�°y POB=POINT OF BEGINNING R/W=RIGHT OF WAY POB=POINT OF BEGINNING R/W=RIGHT OF WAY PG= PAGE • >>�' , s,� PB=PLAT BOOK NGVD29= NATIONAL GEODETIC VERTICAL NOT TO SCALE N Legal Description: The South 300 feet of the North 600 feet less the South 200 feet of ��> { Government Lot 2, Section 14, j> ;^ Township 31 South, Range 39 East, lying East of State Road A-1-A X41 x;a Indian River County, Florida. i NP 2 TOGETHER WITH: I 7- AllAll thatart of Government lot 2 1' p A� I i ;, <� 1. ' o=1 Section 14, Township 31 South, i �^ 1�� z Range 39 East, lying East of State I i S I Road A-1-A, Less the North 400 SrArg feet of said Government Lot 2, ! CDoa 1—A, LO7 a 00v Jf'1 or KK 1ea�n rr-4 rrss rr$NDxra goo' rsasaor. saffroN rr. MrNs87P a!soor8 { Indian River County, Florida. I xrnca sa aasr IOI.Y8e.780 S4r71 i I I I I I I I GENERAL NOTES: Pa•�. "�u�0 j 1. NO UNDERGROUND INSTALLATION OR IMPROVEMENTS HAVE BEEN LOCATED EXCEPT THOSE SHOWN HEREON. * ! $ ! P.O.B. I 1 2. BASKERVILI.-E—DONOVAN, INC. CERTIFICATE OF AUTHORIZATION NUMBER TO PROVIDE SURVEYING SERVICES IS I bra I I LB0340 3. THIS DRAWING NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL SEAL OF A FLORIDA REGISTERED SURVEYOR & I �rty. i 1 MAPPER. 4. THE INFORMATION USED FOR THE GREATION OF THIS SKETCH WAS OBTAINED FROM A BOUNDARY SURVEY BY BASKERVIL E DONOVAN PROJECT NO. 86901.01 j FQ7)FS ! h1Br 1 1 I j I ti 1 5. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS—OF—WAY AND/OR OWNERSHIP WERE FURNISHED THIS I I 1 SURVEYOR EXCEPT AS SHOWN HEREON. REVISIONS The sketch shown hereon was pro in compTanw hh the i um Technical CHECKED 9Y: KS Standards as set forth b h oI 800M.of,P fessio rve/ors and NO. BY DESCRIPTION DATE Mappers in Chapter 61GI rid-Admini' rva' ode; ant 6 Section SSE- NOT TO SCALE 472.027 Florida es to the of nd belief NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL F.B. PAGE RAISED SEAL OF A FLORIDA UCENSED SURVEYOR DRAWN 9Y: GW KURT, /, NGER, SHEET: PROFESSIUc6iSE,NO.f 5496 1 0 F P:\Survey\86901.01\dwg\Golden SGnds.dwg, Jul 27, 2005 - 9:02:19AM, gwwBAS , KERVI INC. OUNDARY SKETCH PROJECT: 86901.01 !�®��1� 1ROPOSED FIELD SURVEY DATE: NOT A SURVEY so GOLDEN SANDS PROPERTIES PARCEI. SECTION: 14 INSOVATays INF1RASTRTJCTUR13 SOLL ONS TO ACCOMPANY LEGAL DISCRIPTION TOWNSHIP: 31 8=N.nCIM 3D.sols 100 '�ODln R-32M(3£1)254-3633 NOT A SURVEY NOT TO SCALE 0003MG Hob=�00D0340 RANGE SOUTH 39 E/Sf A parcel of land lying and being in Section 14, Township 31 South, Range 39 East, Tallahassee base meridian, Indian River County, Florida, being more particularly described as follows: Commencing at the southwest corner of Government Lot 2, Section 14, Township 31 South, Range 39 East, Indian River County Florida; Thence, bearing North 89 °45'10" East, along the south line of said Government lot .2, a distance of 865.92 feet to the easterly Right of Way line of State Road A-1-A, as shown on Florida Department of Transportation Right of way Map Section No. 88070-2102, dated 10/21/57, to the Point of Beginning of the herein described parcel of land; Thence, bearing North 24 °24150" West, along said Right of Way line, a distance of 392 .11 feet to a point; Thence, leaving said Right of Way line, bearing North 89°45' 09" East, a distance of 610.95 feet to the Mean High Water Line of the Atlantic Ocean; Thence, bearing South 22°31'33" East, along said Mean High Water Line, a distance of 200.99 feet to a point; Thence, bearing South 24°36'05" East, along said Mean High Water Line, a distance of 188.54 feet to a point; Thence, bearing South 24°21'26" East, along said Mean High Water Line, a distance of 723.80 feet to a point; Thence, leaving said Mean High Water Line, bearing South 89°23'35" West, a distance of 601 .90' ; feet to a point on the aforesaid easterly Right of Way lire of State Road A-1-A; Thence, bearing North 24°24'50" West, along said Right of Way line, a distance of 728.26 feet to the Point of Beginning. The above described parcel of land contains an area of 616859 square feet or 14 .16 acres, more or less. Subject to any and all easements and conditions as contained within the chain of title. GENERAL NOTES: 1. NO UNDERGROUND INSTALLATION OR IMPROVEMENTS HAVE BEEN LOCATED EXCEPT THOSE SHOWN HEREON. 2. BASKERMLLE—DONOVAN, INC. CERTIFICATE OF AUTHORIZATION NUMBER TO PROVIDE SURVEYING SERVICES IS LEGEND LB0340 3. THIS DRAWING NOT VALID WITHOUT THE SIGNATURE AND POC=POINT OF COMMENCEMENT ORIGINAL SEAL OF A FLORIDA REGISTERED SURVEYOR do POB=POINT OF BEGINNING MAPPER. R/W=RIGHT OF WAY 4. THE INFORMATION USED FOR THE GREATION OF THIS POB=POINT OF BEGINNING SKETCH WAS OBTAINED FROM A BOUNDARY SURVEY BY R/W=RIGHT OF WAY BASKERVILLE DONOVAN PROJECT NO 86901.01 AND A PG= PAGE BOUNDARY SURVEY BY KIMLEY—HORN AND ASSOCIATES, PB=PLAT BOOK PROJECT NO 047013006 DATED 07-14-04 NGVD29= NATIONAL GEODETIC VERTICAL 5. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, DATUM OF 1929 RIGHTS—OF—WAY AND/OR OWNERSHIP WERE FURNISHED THIS SURVEYOR EXCEPT AS SHOWN HEREON. Al REVISIONS The sketch shown hereon�t repared 'n compl' :ca,w' a IXnirnum Technical CHECKED BY: KS Standards as set fog+( the Flo` nl I'' ionai Surveyors and N0. BY DESCRIPTION DATE Mappers in Chapter 7.-6 F1 Admini e, pursuant;to Section SCALE: NOT TD SCALE 472.027 Flo' Stabiles a ed Gef. NOT VALD WDHOIJF THE SIGNATURE AND THE ORIGINAL F.B. PAGE RAISED SEAL OF A FLORIDA DRAWNBY: LICENSED SURVEYOR GW U TAF? SHEET: PRO ONAI.�SL WARDER LICENSE 6 1 OF 2 P:\Survey\8690i.01\dwg\Golden Sands.dwg, Jul 27, 2005 — 9:39:16AM, gww 1� ASK I - BOUNDARY SKETCH PROJECT:86901.01 ®�� INC. PROPOSED FIEIU SURVEY' DATE NOT A SURVEY DONIN GOLDEN SANDS PORPERTY PARCEL SECTION: 14 I.NNOVATrvE IDMR&STRUCT PxE SOLUTIONS am tr.ncim= sorts loo TO ACCOMPANY LEGAL DISCRIPTiON TOWNSHIP: 31 KnBOQMM YL=01'E104-N°' NOT A SURVEY NOT TO SCALE K BDA n-000000 RANGE SOUTH 39 EAST I I � I i I I I pR� I Nq4 � I a "mss. I vs NOT TO SCALE I I 1 ej4as• I I: PAC. 7`0'� I� I i ;z pl I I a `L I 3 ! D D f 1 Z FI 1 P I �H O C) M Z I I ' I I 1 i �c7'r'di a�T to ' I r rwrc m¢ SANDERLING SUBD/VISION PB 11, PC 91 REVISIONS The sketch shown hemmn was p ,red in comp,, a Minimum Technical CHECKED BY: KS Standards as set Po" e'flu k 86oid P ionol Surveyors and NO. BY DESCRIPTION DATE Mappers in Chapter —6 Florida m i Pursuant to Section SCALE: NOT TO SCALE 472.027 Flod elutes e o d NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL F.B. PAGE RAISED SEAL OF A FLORIDA DRAWN �. LICENSED SURVEYOR aw KURT SHEET: PRO ILjC9JSUN, 549 PER 2 OF 2 P:\Survey\86901.01\dwg\Golden Sands.dwg, Jul 27, 2005 — 9:01:44AM, gww �� BOUNDARY SKETCH PROJECT: 86901.01 BASKER®�� INC. PROPOSED Fl[LD SURVEI' DAZE: NOT h SURVLY DON9 WINDSOR PROPERTIES PARCEL SECTION: 14 INNOVATIVE INP'RASTRLICTLTRE soLUTIONs m5 A. 71ma"im..mn 100 TO ACCOMPANY LEGAL DlSCRIPTION TowNswP: 31 kMBOUMM TL SEDtO(321AM-3M NOTA SURVEY NOT TO SCALE 1RUDt»SU DM CB_ 0 RANGE SOUTH 39 EAST A parcel of land lying and being in Section 14, Township 31 South, Range 39 East, Tallahassee base meridian, Indian River County, Florida, being more particularly described as follows: Commencing at the southwest corner of Government Lot 2, Section 14, Township 31 South, Range 39 East, Indian River County Florida; Thence, bearing North 89'45'10" 89'45'10" East, along the south line of said Government lot 2, a distance of 865.92 feet to the easterly Right of Way line of State Road A-1—A, as shown on Florida Department of Transportation Right of way Map Section No. 88070-2102, dated 10/21/57; Thence, bearing North 24'24'50" West, along said Right of Way line, a distance of 392.11 feet to the Point of Beginning of the herein described parcel of land; Thence, bearing North 24'24'50" West, along said Right of Way line, a distance of 745.32 feet to a point; Thence, leaving said Right of Way line, bearing North 89'45'09" East, a distance of 573.51 feet to a point on the Mean High Water Line of the Atlantic Ocean; Thence, bearing South 26'18'47" East, along said Mean High Water Line, a distance of 209.35 feet to a point; Thence, bearing South 28'25'11" East, along said Mean High Water Line, a distance of 441.87 feet to a point; Thence, bearing South 22'31'33" East, along said Mean High Water Line, a distance of 110.68 feet to a point; Thence, leaving said mean High Water Line, bearing South 89'45'09" West, a distance of 610.95 feet to the Point of Beginning; to the point of beginning. The above described parcel of land contains an area of 404289 square feet or 9.28 acres, more or less. Subject to any and all easements and conditions contained within the chain of title. GENERAL NOTES: 1. NO UNDERGROUND INSTALLATION OR IMPROVEMENTS HAVE BEEN LOCATED EXCEPT THOSE SHOWN HEREON. 2. BASKERVILIE—DONOVAN, INC. CERTIFICATE OF AUTHORIZATION NUMBER TO PROVIDE SURVEYING SERVICES IS LEGEND LB0340 POC=POINT OF COMMENCEMENT 3. THIS DRAWING NOT VAUD WITHOUT THE SIGNATURE AND PQB=PAINT OF BEGINNING ORIGINAL SEAL OF A FLORIDA REGISTERED SURVEYOR do MAPPER, R/W=RIGHT OF WAY 4. THE INFORMATION USED FOR THE CREATION OF THIS POB=POINT OF BEGINNING SKETCH WAS OBTAINED FROM A BOUNDARY SURVEY BY R/W=RIGHT OF WAY BASKERVILE DONOVAN PROJECT NO 86901.01 AND A PG= PAGE BOUNDARY SURVEY BY KIMLEY—HORN AND ASSOCIATES. PB=PLAT BOOK PROJECT NO 047013006 DATED 07-14-04 NGVD29= NATIONAL GEODETIC VERTICAL 5. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, DATUM OF 1929 RIGHTS—OF—WAY AND/OR OWNERSHIP WERE FURNISHED THIS SURVEYOR EXCEPT AS SHOWN HEREON. AA REVISIONS The sketch shown hereon pro in mplia w e Minimum Technical CHECKED By: KS Standards os set forth y Florida r l Prof nal Surveyors and N0. BY DESCRIPTION DATE Mappers in Chapter 61 Florida pursuant to Suction SCALE' NOT TO SCALE 472.027 Florida to NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL F.B. PAGE RAISED SEAL OF A FLORIDA DRAWN �. UCENSED SURJEYOR GW RT AFlU SHEET- PROFESSIONA UCENSE N MAPPER 1 OF 2 p:\Survey\8690l.01\dwg\Golden Sonds.dwg, Jul 27, 2005 — 9:45:29AM, gww BASKERVI -, BOUNDARY SKETCH PROJECT: 86901.01 _ DONOVAN INC. ROPOSED FIELD SURVEY DATE: NOT A SURVEY 9 WINDSOR PROPERTIES PARCEL SECTION: 14 INNOVATIVE IIV' USTRUCTURE SOLUTIONS am?(.TICEax 10 am too TO ACCOMPANY LEGAL DiSCRIPTION TOWNSHIP: 31 11mumm 7L'Wo(r10A-saes NOT A SURVEY NOT TO SCALE tQ7C�1a BUERIM 0-00mo RANGE: SOUTH 39 EAST OC��N 9 I 'OC nt sgS/o N I j s yaI N �• I ?CO, �� 84S0 8f ^7 I 1 � Q r NQ4 { \ r 'sa,Hr SCJ I NOT TO SCALE I \ & 1 i \ I VNfC01 o f i ��Fpyy T\2 I gs j COVERNY3'NT LOT 2 LYING BAST OF STATE to, f I ROAD A-1—A. LESS THB NORTH 400' THEREOF, i o I SECTION 14. T OWN TP 31 SOUTH.RAMAST o j I; >I 404,289.120 SQ.FT.I u Ngg D oo`�� D Ie I U;al I c- 4� �' D 1 o R3 y I --t 4` I ml z m� jm r i y > y% I� iI I z _I gb I� C7 P.O.D. I z m N;o f O o• � ii I >I S� IS m I, IZ "'s + 1 I afo es. j o 1 m W I ' j 1 j rXrSTING GOLDEN SANDS I E1 I J jI I O.C. Nag u.10.170 I I I I w�ENT WTrCQ�i Bag e I I 4 i I i I I i REVISIONS The sketch shown he 'w s p 1red in plant' ith di inimam Technical CHECKED BY: KS Standards as set forth a Florida rd of ess o Surveyo N0. BY DESCRIPTION DATE Mappen in Chapter.et Florida in'. Code, want Section SCALE: NOT TO SCALE 472.027 Florida oleo to t st:of w Ad lief. NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL F.B. PAGE RAISED SEAL OF A FLORIDA DRAWN �, UCENSED SURVEYOR GW KURTSTYiFF' GER' SHEET- PROFESSIONAL/ HEET: PROFLICCEENSE NO. 5496 Z O F Z [EXHIBIT,, c ,P:\Survey,86901.01\dwg\Golden Sonds.dwg, Jul 27, 2005 — 9:44:48AM, gww a� � �, BOUNDARY SKETCH PROJECT: 88901.01 BASKERVNOVAN INC. WINDSOR PROPERTIES PARCEL FIELD SURVEY DA1E NOT A SURVEY� SECTION: 14 INNOVATIVE IN7RA.STRUCTTIRE SOLUTIONS 11265 N.TICK l a. surfs lou TO ACCOMPANY LEGAL DISCRIPTION TOWNSHIP: 31 , AODM YL MW(321)2W3M NOT A SURVEY NOT TO SCALE IWGDMMG MMUM RBo RANGE: SOUTH 39 EAST I ' I ' 1 I P.O.C. e '"�o, I I Ffis�jN 86s 921 P.O.B. FiL/ j AeoRny i f'q�ir i ® I N89 4I I 5 I NOT TO SCALE I �0,, I s0'•T�• I LEGEND moi i C/) + PCC=POINT OF COMMENCEMENT �f NORTH 1/2 OF THE NORTH 1/2 j POB=POINT OF BEGINNING I ��I OF COVERKVENT LOT s P g A D ORB 988, PACE 987 R/W=RIGHT OF WAY POB=POINT OF BEGINNING R/W=RIGHT OF WAY ; ��o I D I; PG= PAGE PB=PLAT BOOKI Nva NGVD29= NATIONAL GEODETIC VERTICAL DATUM OF 1929 \ FIND.SOR PROPERTIES v i .GENERAL NOTES: 1. NO UNDERGROUND INSTALLATION OR IMPROVEMENTS HAVE h i m IM m BEEN LOCATED EXCEPT THOSE SHOWN HEREON. 2. BASKERVILLE—DONOVAN, INC. CERTIFICATE OF AUTHORIZATION NUMBER TO PROVIDE SURVEYING SERVICES IS > I m \ 4 LA0340 i N a D 3. THIS DRAWING NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL SEAL OF A FLORIDA REGISTERED SURVEYOR k MAPPER. I SOUTH 1/2 OF THE NORTH 1/2 C) 4. THE INFORMATION USED FOR THE GREATION OF THIS I I OF COVERNYENT !ATS y !o > m SKETCH WAS OBTAINED FROM A BOUNDARY SURVEY BY i ORB 981, PAGE 2118 I g D KIMLEY—HORN AND ASSOCIATES, PROJECT NO 047013006 I Z DATED 07-14-04 I ' iz N� 5. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS—OF—WAY AND/OR OWNERSHIP WERE FURNISHED THIS SURVEYOR EXCEPT AS SHOWN HEREON. i o I I N (/ I I g u I I 8 LEGAL DE9C;R FnON I o 'LO >ti Seg (OFRCWL RECORD BOOK 882 PACE 987) F / THE NORTH 1/2 OF THE NORTH 1/2 OF GOVERNMENT LOT{ 3, SECTION 14, d TOWNSHIP 31 SOUTH. RANGE 39 EAST LYING EAST OF STATE ROAD A-1—A RIGHT—OF—WAY. / e'Rwsnc M40'N. �a' S q` AND (01AL RECORD BOOK 981 PAGE 2118) SANDERL/NG SUBDIVISION R4O7p�"'9f sO1,yo, THE SOUTH 1/2 OF THE NORTH 1/2 OF GOVERNMENT LOT/ 3, SECTION 14, PB 11, PG 91 TOWNSHIP 31 SOUTH, RANGE 39 EAST LYING EAST OF STATE ROAD A-1—A RIGHT—OF—WAY. REVISIONS The sketch shown Berson wos.p In comp nce.w the Min' u Technical CHECKED BY: KS Standards ue set Torth tiyl e` ida'Boa mf Tonal S and NO. 6Y DESCRIPTION DATE Mappers in Chapter 6tG17 rids Admi' 1 pu o Section SCAM NOT TO SCALE 472.027 Florida to the my' ledge lief. NOT VAUD WITHOUT THE F.B. PAGE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA DRAWN B,. LICENSED SURVEYOR Ott KURTWN6 SHEET: PROFESSIONAL MAP 1 OF 1 UcENS