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HomeMy WebLinkAbout2022-055A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK RESOLUTION 2022- 055 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, (THE "COUNTY") PERMITTING THE COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY ("C -PACE") PROGRAM WITHIN THE COUNTY FOR SPECIFIC PROPERTY REFERENCED BY 5380 US HIGHWAY 1, CERTUS AT VERO BEACH; APPROVING AN AGREEMENT WITH THE FLORIDA GREEN FINANCE AUTHORITY; AUTHORIZING THE CHAIR TO EXECUTE SAID AGREEMENT; AND PROVIDING FOR, SCRIVENER'S ERRORS, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Section 163.08, Florida Statutes (the "Supplemental Act"), authorizes counties, municipalities and certain separate local government entities to establish and administer financing programs (sometimes referred to as "PACE" or "PACE financing") pursuant to which owners of real property may obtain funding for energy conservation and efficiency, renewable energy and wind resistance improvements (as referred to therein, the "Qualifying Improvements"), and repay such funding through voluntary special assessments, sometimes referred to as non -ad valorem assessments ("Special Assessments"), levied upon the improved property pursuant to financing agreements between the property owner thereof and a local government (the "Financing Agreements"); and WHEREAS, the Florida Green Finance Authority (the "Authority"), a legal entity and unit of local government within the State of Florida, which was established by a separate interlocal agreement for the express purpose of providing a scalable platform to facilitate the financing of Qualifying Improvements throughout Florida; and WHEREAS, pursuant to the Supplemental Act or as otherwise provided by law, local governments may enter into agreements with other local governments for the purpose of providing and financing Qualifying Improvements; and WHEREAS, the County has expressed its desire to authorize C -PACE financing to the commercial properties located at 5380 US Highway 1, Vero Beach, FL 32967; Parcel Number 32391400005000000005.0; and A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK WHEREAS, the installation of Qualifying Improvements to commercial properties may increase energy efficiency and improve the wind resistance of existing structures within the County, thereby increasing resiliency against inclement weather events and contributing to the local economy by cost savings to property owners, enhancing property values and increasing job opportunities; and WHEREAS, existing financing options may be insufficient for commercial property owners to access cost-effective financing for energy-saving or wind - resistance property improvements due to requirements associated with traditional debt or equity financing options; and WHEREAS, the Authority has created a solution for the financing, levy and collection process to implement a Commercial -Only Property Assessed Clean Energy program, without cost to or assumption of liability by, or demand upon the credit of the County; and WHEREAS, the County recognizes that initiation of its own program requires a commitment of significant time, staffing and monetary resources derived from all taxpayers. However, as an alternative or supplement to any other program or approach chosen by the County, the Countycan concurrently authorize and approve a non-exclusive arrangement with the Authority to make funding for Qualified Improvements immediately available to support commercial property owners, NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Indian River County: SECTION 1. LEGISLATIVE FINDINGS AND INTENT. The forgoing recitals are incorporated in this Resolution as if fully set forth herein and are approved and adopted. The Board of County Commissioners has complied with all requirements and procedures of Florida law in processing and noticing this Resolution. SECTION 2. FINANCING OF PROJECT AUTHORIZED. The County Commission hereby authorizes the PACE financing of commercial property, located within the legal limits of County boundaries, specifically referenced at 5380 US Highway 1, Vero Beach, FL 32967; Parcel Number 32391400005000000005.0. Page 2 of 10 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK SECTION 3. LENDER NOTIFICATION AND CONSENT (1) Notification. At least thirty (30) days before entering into a C -PACE Financing Agreement, the Florida Green Finance Authority shall verify that the Eligible Participant has provided written notice for the specific property located at 5380 US Highway 1, Certus at Vero Beach of the intent to enter into a C -PACE Financing Agreement to the holders or loan servicers of any existing mortgages encumbering or otherwise secured by the Commercial Property. With Certus at Vero Beach's approval, the Florida Green Finance Authority may provide this notification on behalf of an Eligible Participant. The notice must comply with and, at a minimum, satisfy the requirements of the PACE Act including, but not limited to, the maximum principal amount to be financed and the maximum annual assessment necessary to repay that amount. A verified copy or other proof of such notice must be provided to and maintained by the Florida Green Finance Authority Government. (2) Consent. Prior to entering into a C -PACE Financing Agreement with Certus at Vero Beach, the Florida Green Finance Authority shall verify that holders or loan servicers of any mortgage or lien encumbering or otherwise secured by the property have signed written consents consenting to the C -PACE Assessment considered for the Certus at Vero Beach property pursuant to the C -PACE Financing Agreement. A verified copy or other proof of such consent must be provided to and maintained by the Florida Green Finance Authority. SECTION 4. APPROVAL OF AGREEMENT; AUTHORIZATION TO EXECUTE. The Board of County Commissioners approves the Florida Green Finance Authority Interlocal Agreement attached hereto and incorporated herein as Exhibit "A" and authorizes the Chair to execute the aforementioned C -PACE agreement. SECTION 5. SCRIVENERS ERRORS. Typographical errors and other matters of a similar nature that do not affect the intent of this Resolution, as determined by the County Attorney, may be corrected. SECTION 6. CONFLICTS. All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION 7. SEVERABILITY. If any section, sentence, clause or phrase of this resolution is held to be invalid or unconstitutional by any court of competent Page 3 of 10 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK jurisdiction, then said holding shall in no way affect the validity of the remaining portion of the resolution. SECTION 8. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption by the Board of County Commissioners of Indian River County. This resolution was moved for adoption by Commissioner Adams , and the motion was seconded by Commissioner O'Bryan , and upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan AYE Vice Chairman Joseph H. Earman AYE Commissioner Susan Adams AYE Commissioner Joseph E. Flescher AYE Commissioner Laura Moss AYE The Chairman thereupon declared the resolution duly passed and adopted this 13th day of September, 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Qh...... o• By: U ,C Peter D. O'Bryan, Chairman U'_�•. .`Q •'•��Fq COUNT'.•' Approved by BCC: September 13, 2022 ATTEST: Jeffrey R. Smith, Clerk of CourtCyd Comptrol r �J By: A'X a�IGC�I D14) eputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney Approved By: Jas . Brown, County Administrator Page 4 of 10 3120220059519 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3574 PG: 1864,10/4/2022 8:59 AM EXHIBIT "A" Limited Purpose Party Membership Agreement To The Florida Green Finance Authority WHEREAS, Section 163.01, F.S., the "Florida Interlocal Cooperation Act of 1969," authorizes local government units to enter into interlocal agreements for their mutual benefit; and WHEREAS, the Town of Lantana, Florida, a Florida municipal corporation ("Lantana") and the Town of Mangonia Park, Florida, a Florida municipal corporation, ("Mangonia Park") entered into an Interlocal Agreement, dated June 11, 2012, first amended on August 11, 2014 and second amended on April 7, 2016 with document execution May 9, 2016, establishing the Florida Green Finance Authority as a means of implementing and financing a qualifying improvements program for energy and water conservation and efficiency, renewable energy and wind -resistance improvements, and to provide additional services consistent with law; and WHEREAS, Indian River County desires to become a member of the Florida Green Finance Authority in order to facilitate the financing of qualifying improvements for properties located within the Charlotte County. NOW, THEREFORE, it is agreed as follows: 1. The Interlocal Agreement between the Florida Green Finance Authority, the Town of Lantana and the Town of Mangonia Park, entered into on June 11, 2012 and as amended on August 11, 2014 and April 7, 2016 with document execution May 9, 2016 (the Interlocal Agreement"), for the purpose of facilitating the financing of qualifying improvements for properties located within the Authority's jurisdiction via the levy and collection of voluntary non -ad valorem assessments on improved property, is hereby supplemented and amended on the date last signed below by this Party Membership Agreement, which is hereby fully incorporated into the Interlocal Agreement, to include Indian River County. 2. The Florida Green Finance Authority, together with its member Parties, and the Indian River County, with the intent to be bound thereto, hereby agree that the Indian River County shall become a Party to the Interlocal Agreement together with all of the rights and obligations of Parties to the Interlocal Agreement. 3. The Service Area of the Florida Green Finance Authority shall include the legal boundaries of the Indian River County, as the same may be more specifically designated by the Indian River County or amended from time to time. 4. Indian River County designates the following as the respective place for any notices to be given pursuant to the Interlocal Agreement Section 27: Page 5 of 10 BK: 3574 PG: 1865 Indian River County:Attn: With a copy to: County Administrator County Administrator's Office 1801 27th Street Vero Beach, FL. 32960-3365 County Attorney 1801 27th Street Vero Beach, FL. 32960-3365 5. This Party Membership Agreement shall be recorded by the Authority with the Clerk of the Court in the Public Records of Palm Beach County as an amendment to the Interlocal Agreement and recorded in the public records of Indian River County, in accordance with Section 163.01(11), Florida Statutes. 6. Termination of this Agreement may occur with 30 days' written notice, and at the end of the 30 -day period, this Agreement shall be automatically terminated and the Authority will not accept any new applications. Any projects related to applications received before the end of the 30 -day period shall be permitted to be completed. 7. All capitalized terms used but not defined herein shall have the respective meanings prescribed to them in the Interlocal Agreement. If there is a conflict between the terms of this Party Membership Agreement and the Interlocal Agreement, the terms of this Party Membership Agreement shall govern. IN WITNESS WHEREOF, the Parties hereto subscribe their names to this Interlocal Agreement by their duly authorized officers. ATTEST: The Florida Green Finance Authority, established, p ursuant to Section 163.01(7), Florida Statutes i By: Secretary of the Authority Approved by Authority Attorney as to form and legal sufficiency Authority Attorney BOARD OF COUNTY COMMISSIONERS: `,�y'�pbtMlssio�✓., INDIAN RIVER COUNTY, FLORIDA By:� •�\�.�� .. .oma.. Peter D. O'Bryan, Chairman f Approved by BCC: September 13, 2022 Page 6 of 10 a separate legal entity BK: 3.574 PG: 1866 ATTEST: Jeffrey R. Smith, Clerk of Courts and Comptroller By: �/�/ ��►U�G►�U eputy Clerk Approved as to form and legal sufficiency: BY: Dylan Reingold County Attorney Approved: Bc u F ��-�- 4 Y� JasIn E. Brown Co nt Administrator Page 7 of 10 BK: 3574 PG: 1867 EXHIBIT B Legal Description & Map Page 8 of 10 BK: 3574 PG: 1868 LEGAL DESCRIPTION MING A PORTICIi Cf PARCEL 'A', LOT 3, AND TRACT 1 OF THE LANDINGS, R CJCu1MMCI'AL 5V W,d ISION AS RECCA00 IN PLAT BOCK 24, PAGE 35 PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, BEIM, MCRE PARTICULARLY DESCRIBED AS FOLLOWSI THAT PART OF THE SOUTHWEST ONE-QUARTER OF SECTION 14, TOANSHIP 32 SOUTH, RANGE 39 EAST, LYING SOUTH Of THE SOUT14 RIGHT-OF-WAY LINE Of THE INDIAN RIVER FARMS WATER CONTROL 05TRICT'S NORTH RELIEF CANAL, EAST OF THE EAST RIGHT-OF-WAY LANE OF U,S, HIGHWAY NO. i / STATE ROAD NO. 5, AND NORTH OF THE NORTH RIGHT-OF-WAY LINE OF 53RD STREET / i(INGSBERRY ROAD BEING MORE PARTICULARLY DESC&KD AS FOLLOWS; COMWENOW AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SCODON 14, TOVNSHIF 32 SOUTH, RANCE J9 EAST, RUN NCRTH OCY49'12' EAST ALONG THE EAST UTE OF 5411) SCUTHWEST'OLJARTER, A DISTANCE' OF 60.00 FEET TO T1IE OLD NORTH RIGHT-OF-WAY LINE OF 53RD STREET (KINGSKRRY ROAD), AS 11401CAlED IN OFFICIAL RECORDS BOCK 774, PAGE 59 OF THE PUBLIC RECORDS OF INDIAN RIVER COIAtNTY, FLORIDA; THENCE RUNTHE FOLLOWING THREE COURSES ALONG SAID CLQ NORTH RIGH? -OF -WAY L*JE OF 53RD STREET / Kiwi-JEERRY ROAD: NORTH 89'56'56' NEST, A DISTANCE OF 894.65 FEET; NORTH OD'49'12' EAST, A DISTANCE OF 10.00 FEET: NORTH 59156'56" 'REST, A DISTANCE OF 803.80 FEET TO A KXNT ON CUvRVE: THENCE RUN NORTHWESTERLY ALONG THE CURVE CONCAVE TO THE NORTHEAST HA41NO A RADIUS OF 16528,86 FEET, A CENTRAL ANGLE or D090'SD", SUBTENDED BY A. C1iOAD BEARING OF NORTH 164016' WEST, A CHORD DISTANCE OF 52-05 FEET AND AN ARC LENGTH OF 52.08 FEET TO THE PRESENT NORTH RIGHT CF WAY LIME OF AFORMAID, 53RD STREET / KINGMCRRY (ROAD AND POINT OF BEGNNING. FROM THE POINT OF BEGINISI NG RUN NORTH 89'56'56' WEST ALONG SAID NORTH FM1 HT -OF -WAY LINE OF 53RD STREET I 14INCSkWRRY ROAD, SAID MCHT 0t' WAY UNE BEING 120.00 FEET NORTH OF, NORMAL TO AND PARALLEL WITH THE SOUTH LINE OF AFORESAID S1EC11GV 14, A DISTARCIE OF 333.40 FEET; THENCE RON NORTH 2149':;E'EA5T ALONG THE EASTERLY BOUNDARY UNE 00 LOT 1 OF THE LANDINGS, A COMMERCIAL 3;ABDI%iSICN AS RECORDED IN PLAT BOOM 24, PACE 38 OF THE PUBLIC RECORDS OF INU1104 RlI ER COUNTY, FLORIDA, A DISTANCE, 4I 48.46 FEET; THENCE RUIN NORTH IA'54'38" *IST ALONG' SAX) EASTERLY BOUNDARY LINE OF LOT 1 ANO LOT 2, ALSO OCING THE AESTERLY BOuNOARY LINE OF TRACT 1 OF SAID PLAT OF THE LANDiffm A COMMEROAL SUM ISION, A DISTANCE OF 506.34 FEET TO A POINT OF CURVATURE; THENCE RUN WESTERLY ALONG THE CARIE CONCAVE TO THE SOUTHWEST H#.^!G A CENTRAL ANGLE OF 90TWOO', SUBTENDED By A CHORD BEARING OF NORTH 5954'39" 'NEST, CHORD DISTANCt OF 21.21 FEIET AND M ARC LENGTH OF 23.56 FEET TO 1K POINT OF 7ANGENCY, THENCE RUN SOUTH 75X)5'22' WEST ALONG THE NORTHiERLY 80-)NDARY LINE OF AFORESAID L07 Z ALSO BEING THE: SOUTH LINE OF SAID TRACT 1, A DISTANCE OF 143.09 FEET; THENCE RUN SOUTH W-53'1! '*WEST ALONG &AID NORTHERLY BOUNDARY UNE OF LOT 2, A DISTANCE OF 164.81 FEET; THENCE RUN SOUTH 75X05'22' KEST ALONG SAID NORTHERLY BOUNDARY LINE OF LOT 2, A DISTANCE OF 67.81 FEET TO THE EASTERLY RIGHT OF WAY LME OF U.S, HIGtTWAY NO. I / STATE ROANS N0. 5 ACCORDING TO ROAD RIGHT Of WAY CONVEYED TO THE STATE OF FLORIDA AS INDICATED IN OFFICIAL RECO WS BOOK 2284, PACK 1795, PUBLIC RECORDS OF ROAN RIVER COUNTY, FLORIDA; THENCE RUN NORTH 14'54'3$• WE5T ALONG SAID EASTERLY R oGHT OF WAY LINE, ALSO BEING THE 1AEST€ROY BOUNDARY OF AFORESAID 141 LAN€ DINGS, A CCMMEROAL $UBDIVI9ON, A DISTANCE OF 44.3,72 FEET TO THE NORTHWEST CORNER OF SAID PLAT OF THE LANDINGS, A COMMERCIAL. SUBDIVISION AND THE SOUTH RIGHT OF WAY LOVE OF THE NORTH RELIEF CANAL, 250.00 FEET NIDE INDIAN RIVER FARMS WATER CONTROL DISTRICT RIGHT OF WAY: THENCE RtW NORTH 62'34'20'EAST ALONG SAID SOUTH RIGHT OF WAY LINE, ALSO BEING THE NORTHERLY ffCUNDARY LINE OF SAID PLAT OF THE LANDINGS, A COMMERCIAL SUBDIVIS10014, A DISTANCE OF "4.12 FEET TO THE NORTHEAST CORNER Of SAID PLAT' OF THE LANDINGS. A COMUERCIAL SUBDIVISION; THENCE RUN SOUTH 1454'38'EASt ALONG THE EASTERLY 8Ct1NDARY LINE OF SAID PLAT OF DIE LRONGS, A COWMERCIAL SUBDIW51CN, A DISTANCE OF 874,14 FEET TO THE POW OF CURVATI i ; 1141ENCE CONTINUE ALCI4G SAID EASTERLY BOUNDARY LINE AND CURVE CONCAVE 70 THE NC44TAFAST HAVING A RADIUS OF 165215.86 FEET, A CENTRAL. ANGLE OF 0110"T3; SUBTENDED 8Y A CHORD BEARING OF SOUTH 16'29'45`tAST , A CHORD 015TAWA OF 337.61 FEET AND AN ARC LENGTH OF 337,61 FEET TO THE AFCA£SAID PRE15ENT NORTHERLY RIGHT OF WAY LINE OF 53RD STREET / KINGSBERRY ROAD AND PUNT OF BEGINNING - THE ABOVE DESCRIBED LA1405 LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND CCNTAININC 46`1. 165.70 OR 10.75 ACRES TING: kS.3 PROJECT SITE sr (ZONING: C.G.1 (LANA} USE Qr) t t 4-3,P-:3` 1 IANf% RM.4 y 1 LAND USE 6t.1 2DWINq:I.L r+.. 3RJ `V --- LAND USfw 23 -3? -319<1 TO SSC4E��y t ZONIM;CG, � ��/q�(%Of L,iNG'UCA Ott W4h11O11 !�f t LEGAL DESCRIPTION MING A PORTICIi Cf PARCEL 'A', LOT 3, AND TRACT 1 OF THE LANDINGS, R CJCu1MMCI'AL 5V W,d ISION AS RECCA00 IN PLAT BOCK 24, PAGE 35 PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, BEIM, MCRE PARTICULARLY DESCRIBED AS FOLLOWSI THAT PART OF THE SOUTHWEST ONE-QUARTER OF SECTION 14, TOANSHIP 32 SOUTH, RANGE 39 EAST, LYING SOUTH Of THE SOUT14 RIGHT-OF-WAY LINE Of THE INDIAN RIVER FARMS WATER CONTROL 05TRICT'S NORTH RELIEF CANAL, EAST OF THE EAST RIGHT-OF-WAY LANE OF U,S, HIGHWAY NO. i / STATE ROAD NO. 5, AND NORTH OF THE NORTH RIGHT-OF-WAY LINE OF 53RD STREET / i(INGSBERRY ROAD BEING MORE PARTICULARLY DESC&KD AS FOLLOWS; COMWENOW AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SCODON 14, TOVNSHIF 32 SOUTH, RANCE J9 EAST, RUN NCRTH OCY49'12' EAST ALONG THE EAST UTE OF 5411) SCUTHWEST'OLJARTER, A DISTANCE' OF 60.00 FEET TO T1IE OLD NORTH RIGHT-OF-WAY LINE OF 53RD STREET (KINGSKRRY ROAD), AS 11401CAlED IN OFFICIAL RECORDS BOCK 774, PAGE 59 OF THE PUBLIC RECORDS OF INDIAN RIVER COIAtNTY, FLORIDA; THENCE RUNTHE FOLLOWING THREE COURSES ALONG SAID CLQ NORTH RIGH? -OF -WAY L*JE OF 53RD STREET / Kiwi-JEERRY ROAD: NORTH 89'56'56' NEST, A DISTANCE OF 894.65 FEET; NORTH OD'49'12' EAST, A DISTANCE OF 10.00 FEET: NORTH 59156'56" 'REST, A DISTANCE OF 803.80 FEET TO A KXNT ON CUvRVE: THENCE RUN NORTHWESTERLY ALONG THE CURVE CONCAVE TO THE NORTHEAST HA41NO A RADIUS OF 16528,86 FEET, A CENTRAL ANGLE or D090'SD", SUBTENDED BY A. C1iOAD BEARING OF NORTH 164016' WEST, A CHORD DISTANCE OF 52-05 FEET AND AN ARC LENGTH OF 52.08 FEET TO THE PRESENT NORTH RIGHT CF WAY LIME OF AFORMAID, 53RD STREET / KINGMCRRY (ROAD AND POINT OF BEGNNING. FROM THE POINT OF BEGINISI NG RUN NORTH 89'56'56' WEST ALONG SAID NORTH FM1 HT -OF -WAY LINE OF 53RD STREET I 14INCSkWRRY ROAD, SAID MCHT 0t' WAY UNE BEING 120.00 FEET NORTH OF, NORMAL TO AND PARALLEL WITH THE SOUTH LINE OF AFORESAID S1EC11GV 14, A DISTARCIE OF 333.40 FEET; THENCE RON NORTH 2149':;E'EA5T ALONG THE EASTERLY BOUNDARY UNE 00 LOT 1 OF THE LANDINGS, A COMMERCIAL 3;ABDI%iSICN AS RECORDED IN PLAT BOOM 24, PACE 38 OF THE PUBLIC RECORDS OF INU1104 RlI ER COUNTY, FLORIDA, A DISTANCE, 4I 48.46 FEET; THENCE RUIN NORTH IA'54'38" *IST ALONG' SAX) EASTERLY BOUNDARY LINE OF LOT 1 ANO LOT 2, ALSO OCING THE AESTERLY BOuNOARY LINE OF TRACT 1 OF SAID PLAT OF THE LANDiffm A COMMEROAL SUM ISION, A DISTANCE OF 506.34 FEET TO A POINT OF CURVATURE; THENCE RUN WESTERLY ALONG THE CARIE CONCAVE TO THE SOUTHWEST H#.^!G A CENTRAL ANGLE OF 90TWOO', SUBTENDED By A CHORD BEARING OF NORTH 5954'39" 'NEST, CHORD DISTANCt OF 21.21 FEIET AND M ARC LENGTH OF 23.56 FEET TO 1K POINT OF 7ANGENCY, THENCE RUN SOUTH 75X)5'22' WEST ALONG THE NORTHiERLY 80-)NDARY LINE OF AFORESAID L07 Z ALSO BEING THE: SOUTH LINE OF SAID TRACT 1, A DISTANCE OF 143.09 FEET; THENCE RUN SOUTH W-53'1! '*WEST ALONG &AID NORTHERLY BOUNDARY UNE OF LOT 2, A DISTANCE OF 164.81 FEET; THENCE RUN SOUTH 75X05'22' KEST ALONG SAID NORTHERLY BOUNDARY LINE OF LOT 2, A DISTANCE OF 67.81 FEET TO THE EASTERLY RIGHT OF WAY LME OF U.S, HIGtTWAY NO. I / STATE ROANS N0. 5 ACCORDING TO ROAD RIGHT Of WAY CONVEYED TO THE STATE OF FLORIDA AS INDICATED IN OFFICIAL RECO WS BOOK 2284, PACK 1795, PUBLIC RECORDS OF ROAN RIVER COUNTY, FLORIDA; THENCE RUN NORTH 14'54'3$• WE5T ALONG SAID EASTERLY R oGHT OF WAY LINE, ALSO BEING THE 1AEST€ROY BOUNDARY OF AFORESAID 141 LAN€ DINGS, A CCMMEROAL $UBDIVI9ON, A DISTANCE OF 44.3,72 FEET TO THE NORTHWEST CORNER OF SAID PLAT OF THE LANDINGS, A COMMERCIAL. SUBDIVISION AND THE SOUTH RIGHT OF WAY LOVE OF THE NORTH RELIEF CANAL, 250.00 FEET NIDE INDIAN RIVER FARMS WATER CONTROL DISTRICT RIGHT OF WAY: THENCE RtW NORTH 62'34'20'EAST ALONG SAID SOUTH RIGHT OF WAY LINE, ALSO BEING THE NORTHERLY ffCUNDARY LINE OF SAID PLAT OF THE LANDINGS, A COMMERCIAL SUBDIVIS10014, A DISTANCE OF "4.12 FEET TO THE NORTHEAST CORNER Of SAID PLAT' OF THE LANDINGS. A COMUERCIAL SUBDIVISION; THENCE RUN SOUTH 1454'38'EASt ALONG THE EASTERLY 8Ct1NDARY LINE OF SAID PLAT OF DIE LRONGS, A COWMERCIAL SUBDIW51CN, A DISTANCE OF 874,14 FEET TO THE POW OF CURVATI i ; 1141ENCE CONTINUE ALCI4G SAID EASTERLY BOUNDARY LINE AND CURVE CONCAVE 70 THE NC44TAFAST HAVING A RADIUS OF 165215.86 FEET, A CENTRAL. ANGLE OF 0110"T3; SUBTENDED 8Y A CHORD BEARING OF SOUTH 16'29'45`tAST , A CHORD 015TAWA OF 337.61 FEET AND AN ARC LENGTH OF 337,61 FEET TO THE AFCA£SAID PRE15ENT NORTHERLY RIGHT OF WAY LINE OF 53RD STREET / KINGSBERRY ROAD AND PUNT OF BEGINNING - THE ABOVE DESCRIBED LA1405 LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND CCNTAININC 46`1. 165.70 OR 10.75 ACRES BK: 3574 PG: 1869 ,to Indian River County, FL v,�..uO 3zaclarwoxwra,:,os.o f./TwprRry 1��]J9 ' hwpMAddra,5780V SHIGNWAYI I VER] BFACH f D... I BMI W D.ww9 ,wRlO las9es cN.. ]+wNo,e. ro. u. Wise Mwp597 ] COLW TY-NOgBASLIAN WLF] THE LANOINGSRFPLATACOMMERCIAL SUBDMSION LOTS PBI 71.23 O.M(Abd—URTUS VROOWNERLLC 1969 S AIAPAYAIRAIL �J]] OPIAI+DO.n.32628 Page 10 of 10 P.cd IDj =9140OA500DOOBDDSJ i hap M-%]5965 A1.1,-53MU5 WGHWAY' I Own.-CERTUSYPO OWNERLI A w S.9] imr 4 ykr�.xc. ; L 10 IRC PACE R—lutlon c nm E DIS.ks