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HomeMy WebLinkAbout2014-180 t - a° n0 AGREEMENT FOR THE DEDICATION OF RIGHT-OF-WAY THIS AGREEMENT is made and entered into this 18 day of November , 2014, by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("County") and PROVIDENCE POINTE VERO BEACH LLC, a Florida limited liability company, 660 Reef Road, Vero Beach, FL 32963 ("Developer"). WITNESSETH: WHEREAS, Developer proposes to develop a "Planned Development/Traditional Neighborhood Design" (PD/TND) Community located between 491h Street and 53`d Street, along and West of 58th Avenue in Indian River County, Florida, to be known as Providence Pointe, to include a mix of residential, commercial, hotel, recreational, and other uses on real property which is adjacent to and south of 53`d Street, west of 58th Avenue, more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. WHEREAS, Developer has acquired a second parcel of property, adjacent to and north of 53`d Street, and west of 58th Avenue, more particularly described as follows: SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. WHEREAS, the County and the Developer share mutual goals and have determined that they can assist each other with respect to right-of-way acquisition and the construction and expansion of 53`d Street west of 58th Avenue; and WHEREAS, the Developer desires to dedicate to the County a portion of the property which is described on Exhibit "B" hereto for right-of-way purposes, and the County desires to accept this dedication, according to the terms and conditions stated in this Agreement; NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, and covenants stated herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County and the Developer hereby agree as follows: 1. Recitals: The foregoing recitals are incorporated as if fully restated herein. 2. In conjunction with the Developer's development of Providence Pointe, and in time to coincide with the Developer's construction of the four lane extension of 53`d Street west of 58th Avenue, for which construction the County has agreed to share expenses pursuant to a separate Developer's Agreement, the Developer shall dedicate by right-of-way deed free and clear of all ,liens and encumbrances, to the County, that property which is adjacent to the proposed 53`d Street extension, and which is described on Exhibit "C", which is attached to and made a part hereof. , 3. Developer and County acknowledge that County currently possesses right-of-way which is approximately thirty (30) feet wide along the 53`d Street extension described herein. Developer and.County further acknowledge that, in accordance with the Indian River County Code of Ordinances, the Developer is not entitled to compensation for dedication of right-of-way necessary to provide the County with a total of sixty (60) feet of right-of-way along 53`d Street. However, the Developer and County also acknowledge that the Developer is entitled to compensation for any right-of-way dedicated to the County in excess of that which is necessary to provide the County with a sixty (60) foot wide right-of-way. The dedication described on Exhibit "C" hereto consists of 3.57 acres. County agrees and acknowledges that Developer is entitled to compensation for 2.68 acres of the total dedication, and that the Developer may elect as compensation either traffic impact fee credits, or residential density credits, but not both. 4. The County hereby acknowledges and agrees that at the time the Developer elects to develop the property described on Exhibit "B" hereto, the Developer shall have the option of accepting the compensation described herein by electing one of the following two options: a. Density Credit: If the Developer elects to develop the subject property as a Planned Development, residential density shall be computed using the size of the property (acreage) prior to the dedication of right-of-way (except for the required thirty (30) feet described above). To clarify the foregoing, the Developer shall receive density credit for 3.57 acres at thee units per acre, notwithstanding the fact that the property will have already been dedicated, pursuant to this Agreement. b. Transportation Impact Fee Credits: In lieu of the density credits described above, Developer may elect to receive impact fee credits in the amount of Twenty Five Thousand Dollars ($25,000.00) per acre, for 3.57 acres, whether the property is developed as a Planned Development or not. County and Developer agree that this price represents the price which Developer paid for the property, and which is the fair market value of the property prior to the dedication. 5. At the time Developer elects to develop the property described on Exhibit "B" hereto, Developer agrees to incorporate sufficient capacity in its project to provide stormwater storage for the impervious area of 53`d Street lying west of 58th Avenue along the project's 53rd Street frontage, and shall dedicate an appropriate utility tract for such purpose and for the conveyance of 53`d Street stormwater runoff to the receiving waters. The capacity shall be sufficient to accommodate six lanes. The Developer shall have no responsibility to design, install, or to pay any costs toward any drainage improvements required to direct the drainage from 53`d Street into the stormwater management system provided by the Developer, except for the following construction: A drainage structure for future connection by the County, and the required drainage pipe to a receiving pond or lake. Prior to Developer's development of the Exhibit "B" property, drainage for 53`d Street will be accommodated by roadside swales within the right-of-way. J-\Bruce\clients\Providence Pointe-Barile\Agreement for Dedication of Right-of-Way clean 10.28.14.docx 2 6. Miscellaneous: A. In the event of any litigation arising out of this Agreement, the prevailing party shall recover attorneys' fees and costs for 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 parties hereto. This Agreement shall not be effective unless signed by the Developer and the County. E. The obligations of the Developer to this Agreement are expressly conditioned upon the Developer's decision, at the Developer's sole discretion, to proceed with the Providence Pointe project. F. 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. Time shall be of the essence. G. 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. H. 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. I. The County and the 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. JABruce\clients\Providence Pointe-Barile\Agreement for Dedication of Right-of-Way clean 10.28.14.docx 3 J. 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. K. 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 interpOretation of this Agreement. L. The words herein and hereof and words of similar import, without referenced 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. M. In the event any term, conditions, 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. Signed, sealed and delivered in the presence of BOARD OF COUNTY COMMISSIONERS Print Name: IVBo-ha L. -Pane-1 INDIAN IVER COUNTY, FLORIDA. B : 4�11P(iltName:. �jaC 1/QZ Wesley S. Davis, Chairman pproved by• --, - - - -- - - --- oseph Baird,County Administrator BCC Approved: 3 Approved as to Form and Lega ufficiency•....... . l Attest• OF LYN moo; �'F�;• Je 40i p c t ourt om troller County Attorney Coun = s'•2�yy, o�.o�° Deputy Clerk JABruceklientsTrovidence Pointe•Barile\Agreement fo� �7'jgc�n�pii l3�`ght-of-Way clean 10.28.14.docx Signed, sealed and delivered in the presence of: PROVIDENCE POINTE VCR EACH,LLC Print Nam : _AJ9 ;,61. �k7?�UIZ By'THE FAA I TED ; _ EI'��SH, gin ember Prim Name: �Cka-am,l-e By: General Partner STATE OF NEW YORK COUNTY OF L s4gy The foregoininstrument was acknowledged before me this +h day ofy� � 2014,by J o� r ,the General Partner of The Barile Family Limited Partnership,the Minaging Member of Providence Pointe Vero Beach LLC, a Florida lipited liability company,who is personally known to me or who has produced &iwL-, fit. vee as identification. Print Name,- (Notary ame:(Notary Seal) Notary Public My Commission Expires: 5 BRENDA N.G ULET E Notary Public • State of New York No 01G06168928 Qualified in Essex County My Comm. Expires June 18, 2015 JABnice\clients\Providence Pointe BarilMgreement for Dedication ofRight-of-Wayclean 10.28.14.doex 5 • I LEGAL DESCRIPTION. PARCEL#1 PARCEL"A" THE EAST 5 ACRES OF TRACT 2,SECTION 20,TOWNSHIP 32 SOUTH,RANGE 39 EAST,ACCORDING A PORTION OF LAND LYING IN SECTION 20,TOWNSHIP 32 SOUTH,RANGE 39 EAST,INDIAN RIVER TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION,AS COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS: RECORDED IN PLAT BOOK 2,PAGE 25,PUBLIC RECORDS OF ST LUCIE COUNTY,FLORIDA,NOW THE SOUTH 300 FEET OF THE EAST 104 FEET OF TRACT 3,SECTION 20,TOWNSHIP 32 SOUTH, LYING AND BEING IN INDIAN RIVER COUNTY,FLORIDA.LESS AND EXCEPT CANAL AND ROAD RIGHTS RANGE 39 EAST,ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS OF WAY COMPANY SUBDIVISION,AS RECORDED IN PLAT BOOK 2,PAGE 25,PUBLIC RECORDS OF ST LUCIE SAID PARCEL CONTAINING 4.88 ACRES,MORE OR LESS. COUNTY,FLORIDA,NOW LYING AND BEING IN INDIAN RIVER COUNTY,FLORIDA. �I PARCEL#2: SAID PARCEL CONTAINING 0.72 ACRES,MORE OR LESS. 3 THE WEST 5 ACRES OF THE EAST 10 ACRES OF TRACT 2,SECTION 20,TOWNSHIP 32 SOUTH,RANGE 39 EAST,ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS PARCEL"B" COMPANY SUBDIVISION,AS RECORDED IN PLAT BOOK 2,PAGE 25,PUBLIC RECORDS OF ST LUCIE 0 COUNTY,FLORIDA,NOW LYING AND BEING IN INDIAN RIVER COUNTY,FLORIDA LESS AND EXCEPT A PORTION OF LAND LYING IN SECTION 20,TOWNSHIP 32 SOUTH,RANGE 39 EAST,INDIAN RIVER H CANAL AND ROAD RIGHTS OF WAY COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS: SAID PARCEL CONTAINING 4.89 ACRES,MORE OR LESS. THE WEST 106 FEET OF THE EAST 210 FEET OF TRACT 3,SECTION 20,TOWNSHIP 32 SOUTH,RANGE 39 EAST,ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS PARCEL#3: COMPANY SUBDIVISION,AS RECORDED IN PLAT BOOK 2,PAGE 25,PUBLIC RECORDS OF ST LUCIE THE WEST 5 ACRES OF THE EAST 15 ACRES OF TRACT 2,SECTION 20,TOWNSHIP 32 SOUTH,RANGE COUNTY,FLORIDA,SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY,FLORIDA. W 39 EAST,ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS LESS AND EXCEPT CANAL AND ROAD RIGHTS OF WAY O COMPANY SUBDIVISION,AS RECORDED IN PLAT BOOK 2,PAGE 25,PUBLIC RECORDS OF ST LUCIE SAID PARCEL CONTAINING 3.15 ACRES,MORE OR LESS. Z COUNTY,FLORIDA,SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY,FLORIDA,LESS AND EXCEPT CANAL AND ROAD RIGHTS OF WAY 0 SAID PARCEL CONTAINING 4.89 ACRES,MORE OR LESS. H PARCEL"C" QI PARCEL#4 A PORTION OF LAND LYING IN SECTION 20,TOWNSHIP 32 SOUTH,RANGE 39 EAST,INDIAN RIVER u THE WEST 5.48 ACRES OF THE EAST 20.48 ACRES OF TRACT 2,SECTION 20,TOWNSHIP 32 SOUTH, COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS: A RANGE 39 EAST,ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS TRACT 6 LESS THE NORTH 5 ACRES OF THE WEST 20 ACRES OF TRACT 6,SECTION 20,TOWNSHIP W COMPANY SUBDIVISION,AS RECORDED IN PLAT BOOK 2,PAGE 25,PUBLIC RECORDS OF ST LUCIE 32 SOUTH,RANGE 39 EAST,ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN A COUNTY,FLORIDA,SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY,FLORIDA,LESS RIVER FARMS COMPANY SUBDIVISION,AS RECORDED IN PLAT BOOK 2,PAGE 25,PUBLIC RECORDS AND EXCEPT CANAL AND ROAD RIGHTS OF WAY OF ST LUCIE COUNTY,FLORIDA,SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, SAID PARCEL CONTAINING 5.34 ACRES,MORE OR LESS. FLORIDA. LESS AND EXCEPT ROAD RIGHTS OF WAY (~ PARCEL#5: SAID PARCEL CONTAINING 34.52 ACRES,MORE OR LESS. �I THE EAST 5 ACRES OF THE WEST 20 ACRES OF TRACT 2,SECTION 20,TOWNSHIP 32 SOUTH,RANGE Q 39 EAST,ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS ;Ty COMPANY SUBDIVISION,AS RECORDED IN PLAT BOOK 2,PAGE 25,PUBLIC RECORDS OF ST LUCIE OVERALL PARCEL CONTAINS 186.32 ACRES,MORE OR LESS. F COUNTY,FLORIDA,SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY,FLORIDA,LESS Z AND EXCEPT CANAL AND ROAD RIGHTS OF WAY W SAID PARCEL CONTAINING 4.89 ACRES,MORE OR LESS. WPARCEL#6: THE EAST 10 ACRES OF THE WEST 15 ACRES OF TRACT 2,SECTION 20,TOWNSHIP 32 SOUTH, RANGE 39 EAST,ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION,AS RECORDED IN PLAT BOOK 2,PAGE 25,PUBLIC RECORDS OF ST LUCIE COUNTY,FLORIDA,SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY,FLORIDA,LESS AND EXCEPT CANAL AND ROAD RIGHTS OF WAY Q SAID PARCEL CONTAINING 9.77 ACRES,MORE OR LESS. PARCEL#7' Q TRACTS 1,7 AND 8,SECTION 20,TOWNSHIP 32 SOUTH,RANGE 39 EAST,ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION,AS RECORDED IN E-I PLAT BOOK 2,PAGE 25,PUBLIC RECORDS OF ST LUCIE COUNTY,FLORIDA,ASID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY,FLORIDA,LESS AND EXCEPT CANAL AND ROAD RIGHTS OF WAY" SAID PARCEL CONTAINING 113.27 ACRES,MORE OR LESS. W 1 OF 2 EXHIBIT 'A' SCHULKE, BITTLE & STODDARD, L.L.C. CIVIL & STRUCTURAL ENGINEERING •LAND PLANNING •ENVIRONMENTAL PERA41MNG NTS "PROVIDENCE POINTE" CERTIFICATION OF ITE 2 1 VEN NO. ACC, L 1717 INDIAN RIVER BLVD.,SUITE 201 VERO BEACH,FLORIDA 32960 TEL 772 1770-9622 FAX 772/770-9496 EMAIL info@sbsengineers.com ���1ii• _ =0MR IBM, i.i_ilil _'� •I_ �:Y .��' �a-�_ I l�w=• - _ ' _,,/�ICE �in�� �%•,,_,,,,,1„11: ���%��� ^��; = 1 I,�11'IN♦1' �� �',.�� �11■1111■IL,.�I I: r• �' 11 ■ ' f C 111■1111■llr''{� _ ;� � �// � I� = ''��J ,1111■ I ' EXISTING •► LAKE �1111� mm • ■ • LAND INDIANSCALE 1:500 CERTIFICATION OF AUTHORIZATION NO. 00008668 "PROVIDENCE POINTE" 1717 1 '• BEACH,FLORIDA . TEL 772 1 1 NORTH RELIEF CANAL _ _ c LR.F W C.D. 250' WIDE ROW o SCALE.1"=250' • bI — — — — — 89'52'401" W 1328.69' ORIGINAL 50' WIDE ROAD RESERVATION -- AS SHOWN ON THE INFORMATIONAL MAPS OF THE INDIAN RIVER FARMS �y 25' DRAINAGE DISTRICT MAPS r-- ----- 40.00 STATE OF FLORIDA DEPARTMENT PA-R(3F.1-`— —` I OF TRANSPORTATION GROSSACREAG 34.50±AC. STATE ROAD S-505-A INDIAN RIVER ( I COUNTY SECTION 88550-2801 REMAINING ACREAGq. 31.00±AC. ~ N _ _ WEST 10' OF THE EAST 50' EASEMENT TO FPL OFFICIAL RECORDS rn BOOK 508, PG 147 INDIAN RIVER A 3� LEGAL DESCRIPTION COUNTY FLORIDA. ATRACT 16 OF SECTION 17,TOWNSHIP 3SOUTH,RANGE 39 EAST,ACCORDING 3 I W N TO THE LAST GENERAL PLAT OF THE INIAN RIVER FARMS COMPANY'S LANDS R€CORDE-D-IN-RLAT.B.O.OK-2-PAGE-25,LPUBL-IC-RECORDS-OFST-W-CIE---- n o —COUNTY,FLORIDA;SAID-L"AidQ-NOWILYING AND-BEING7N INDIAWRIVER---'' 0 COUNTY,FLORIDA. o 0401 0 N LESS AND EXCEPT THE NORTH 125.0 FEET THEREOF FOR THE"NORTH N wo RELIEF CANAL" (INDIAN RIVER FARMS WATER CONTROL DISTRICT) f Z S.UBJE.0--C TO RESERVATIONS,RESZRICTIONS-EASEMENT.S.AND � Q W -- ---- RIGkLTB-AF W Y RECORD-- – w PROPOSED 120' ADDITIONAL R.O.W. (3.57 AC) d _ — - - - QIXI 30' 53RD ST. R (~ 1. ,RD STREET = --= -- -89 5- _-_— --- -- - - - ---__ - - - - - - - ----- - - T;�' — - 0-4 xx , PROPOSED PROVIDENCE POINTE P.D. I 'f ��� ,moi-•� _ I I a � 1 OF 1 EXHIBIT 'B' SCHULKE, BITTLE & STODDARD, L.L.C. CIVIL & STRUCTURAL ENGINEERING •LAND PLANNING •ENVIRONMENTAL PERMITTING SCALE 1:250 "KINGSBERRY VILLAGE" CERTIFICATION OF AUTHORIZATION NO. 1717 INDIAN RIVER BLVD.,SUITE 201 VERO BEACHACC,,FLORIDA 32960 TEL 772/770-9622 FAX 772/770-9496 EMAIL info@sbsengineers.com E)ffMIT"C59 TO AGREEMUNI 1 Olt ME N OF RIGHT-OF-WAY SKETCH OF LEGAL DESCRIPTION y (NOT A SURVEY) 0 0' N00Y1721 E CAST LLN£_7RACT 15 SOOb727'W 1769.62' —T23,—cq HEST L1N£TRACT 16 EXHIBIT "C" A O 2 � o � w oF- a 0 w o ti y b a m Iv W � I e I b ?I? a 00 o n n Igz ti g O V ti ti D blb I I I 70-00.9 . I I vZ 2~ nl Z�j y H£ST 70'OF THE EAST 50' EASEMENT TO F.P.&L. cl Sa,oa OFFIC7AL RECORDS BOOK 508, PG �O 0-0537=JN'�moi, 147, INDIAN RIVER COUNTY, a. EAST LIVE SECRRV 17-31-J9 1J21.97, WEST UNE S£C7 7676-J2-J9 SOOD557 IY SKETCH OF 150GRAPHICO SCALE 150 DESCRIPTION I '�A� IN FEET( SKETCH OF LEGAL DESCRIPTION North 1 inch =150 f t. NOT A BOUNDARY SURVEY PLAT OF SURVEY FOR: PROVIDENCE POINT PROJ. NO. 12-029-KB-ROW DATE: 08-27-14 OWN. BY- C.H.B. MERIDIAN CKD. BY. S.P.T. LAND SURVEYORS f THIS PLAT AND REPORT ARE NOT VALID INTHOUT THE SIGNATURE AND THE ORIGINAL 1717 WDI.4N RIVER BLVD,SI7TE 201 RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON VERO BEACH.FL.32960 LB"905 WHICH SIGNATURE AND SEAL MAY BE FOUND AT THE END OF THE ATTACHED REPORT. PHONE:772-794-1213,FAX:772-794-10% THE PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE ANOTHER. �NAIL:LB6965a1seLLsourH n'Er PAGE 1 OF 2 i SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) Report of Survey. (Project # 12-029—KB—ROW • TYPE OF SURVEY: SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY • THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITTLE & STODDARD, INC. L.B.#6905 d.b.o. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32960 • PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE. CHARLES H. BLANCHARD, P.S.M. x{5755 EXHIBIT "C" Legal Description: A PORTION OF TRACT 16,SECTION 17,TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION,AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST.LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A POINT BEING 30.00 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 17 AND 40.00 FEET WEST OF THE EAST LINE OF SAID SECTION 17,THENCE RUN SOUTH 89°45'49"W ON A LINE BEING 30.00 FEET NORTH OF AND PARALLEL TO THE SAID SOUTH LINE OF SECTION 17,A DISTANCE OF 1289.18 FEET TO THE WEST LINE OF SAID TRACT 16, SECTION 17,TOWNSHIP 32 SOUTH, RANGE 39 EAST:THENCE RUN NORTH 00°07'21"WEST ALONG SAID WEST LINE OF TRACT 16,A DISTANCE OF 120.00 FEET;THENCE LEAVING SAID WEST LINE OF TRACT 16, RUN NORTH 89°45'49"E ALONG A LINE BEING 150.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 17,A DISTANCE OF 1248.92 FEET TO A POINT;THENCE RUN NORTH 45°04'51"E,A DISTANCE OF 56.88 FEET TO A POINT BEING 40.00 FEET WEST OF THE AFORESAID EAST LINE OF SECTION 17;THENCE RUN SOUTH 00°05'57"WEST ALONG A LINE BEING 40.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID SECTION 17,A DISTANCE OF 160.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 3.57 ACRES MORE OR LESS. Legend & Abbreviations: (symbols not scaleable for size) PLS - PROFESSIONAL LAND SURVEYOR CR - COUNTY ROAD PSM - PROFESSIONAL SURVEYOR & MAPPER R/W - RIGHT OF WAY LB - LAND SURVEYING BUSINESS O.R.B. - OFFICIAL RECORD BOOK Q - CENTERLINE P.O.C. - POINT OF COMMENCEMENT (M) - MEASURED VALUE P.O.B - POINT OF BEGINNING (P) - PLAT VALUE SKETCH OF DESCRIPTION SKETCH OF LEGAL DESCR/PRON PLAT OF SURVEY FOR: PROVIDENCE POINT NOT A BOUNDARY SURVEY THIS SURVEY IS NOT VALID WTHOUT THE MER A �1 - SIGNATURE 1W_D:THE ORIGINAL RAISED SEAL OF H lel '5Mt FLORIDA UCENSED SURVEYOR AND MAPPER LAND SURVEYORS _ A.MEa}8EL01717 INDIAN RIVER BLVD,SUITE 201 � � y VERO BEACH,FL.32960 LB#6905 PHONE:772-794-1213,F.A.Y:772-791-1096 CHARLES H:8LAN0HMO. P.S.M. 1!5755 E-MA1L:LB6905!a�BELLSOUTH.NET TAWorNng fikAtO12108A1b029_tkld VaUgewa ACQUL%WWOZ-M9.KINGSBUM-ROW,. %8n&=14 i¢:ua" PAGE 2 OF 2