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HomeMy WebLinkAbout2003-054 % This document prepared by and return to : 2/ 19/03Developer's Agreement Indian River County GHO VERO BEACH VIII, INC. CORP . • .� Public Works Department 1840 251h Street Q Vero Beach, Fl. 32960 osl DEVELOPER' S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND GHO VERO BEACH VIII, INC. THIS AGREEMENT, entered this 4th day March , 2003 , by and between INDIAN RIVER COUNTY, Florida, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, Florida, 32960, hereafter called COUNTY, and GHO VERO BEACH VIII, INC . , A FLORIDA CORPORATION, 5670 CORPORATE WAY, WEST PALM BEACH, FL. 33407, ATTN : WILLIAM N. HANDLER, PRESIDENT, hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS , the DEVELOPER proposes to develop a residential community, to be known as Trillium, on an approximately 63 acre parcel of land along the west side of 66th Avenue, north of 26th Street, (Indian River County Project Number 2002040022) , which is legally described on Exhibit "A" attached hereto and incorporated herein by reference, and ; WHEREAS , the COUNTY and DEVELOPER share mutual concerns with respect to roadway and drainage improvements for 66th Avenue and 33rd Street in conjunction with the development of Trillium ; and; WHEREAS , both the COUNTY and DEVELOPER can assist each other through a joint effort that will facilitate improving the roads and providing stormwater retention. NOW, THEREFORE , in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and DEVELOPER agree as follows : 1 . The above recitals are affirmed as being true and correct and are incorporated herein. 2 . Right-of-way Dedication - 66th Avenue : On 66th Avenue, directly adjacent to Trillium, where the COUNTY needs additional right-of-way in order to meet the minimum 60 foot right-of-way width, DEVELOPER agrees to convey to COUNTY, via the Final Plat, and at no cost to the COUNTY, 10 feet of additional right-of-way on 66th Avenue directly adjacent to Trillium . Furthermore, DEVELOPER agrees to sell to Indian River County approximately t � F:\Pubfic Works\Rebecca\SITE PLANS\Developer's Agreements\GHO-Allium Developers Agreement.doc � This document prepared by and return to: 2/ 19/03Developer's Agreement Indian River County GHO VERO BEACH VIII, INC . CORP . Public Works Department 184025 1h Street Vero Beach, Fl . 32960 4 . 07 acres of right-of-way along 66t1i Avenue directly adjacent to Trillium sufficient to meet COUNTY ' S future right-of-way needs for 66tb Avenue. Currently, the right-of-way width of 66th Avenue directly abutting DEVELOPER' S property varies . The lands to be conveyed are depicted in Exhibit ` B". The COUNTY will compensate the DEVELOPER $ 35 ,000/acre (including prorated portions of a full acre), which is the DEVELOPER' S purchase price . The closing for right-of-way shall occur no later than 30 days following the signing of this Agreement by both parties . The DEVELOPER shall have the option to delay the closing for up to 60 days upon written notification. COUNTY shall pay all closing and transaction costs associated with sale of said right-of-way. 3 . Right-of-way Dedication - 26th Street : DEVELOPER agrees to convey to Indian River COUNTY approximately 0 . 3933 acres of right-of-way along 26th Street, directly adjacent to Trillium, sufficient to meet COUNTY ' S future right-of-way needs for 26th Street. The lands to be conveyed are depicted in Exhibit ` B" . The COUNTY will compensate the DEVELOPER $ 35 ,000/acre (including prorated portions of a full acre) which is the DEVELOPER ' S purchase price . The closing for right-of-way shall occur no later than 30 days following the signing of this Agreement by both parties . The DEVELOPER shall have the option to delay the closing for up to 60 days upon written notification. COUNTY shall pay all closing and transaction costs associated with sale of said right-of-way. 4 . The DEVELOPER agrees that in the event the COUNTY is able to acquire all the necessary right-of-way in order to allow the DEVELOPER to construct a typical 2 lane paved road along the 33rd Street (Cherry Lane) boundary of the proposed Trillium project prior to DEVELOPER receiving a Certificate of Completion for the Final Phase of the Trillium project, then DEVELOPER shall design, construct and pay the cost to pave a typical 2-lane road and construct a drainage system along 33rd Street (Cherry Lane) from 66th Avenue to the DEVELOPER ' S west property line to be funded under the COUNTY ' S Petition Paving Program. The COUNTY will reimburse DEVELOPER 50% of the cost of the 33rd Street paving and drainage project, based upon receipt of competitive bids, using the COUNTY' S current bidding procedures . The COUNTY shall reimburse DEVELOPER upon DEVELOPERS payment request schedule for completed portions of work. COUNTY shall make Final Payment to DEVELOPER not later than 30 days following the COUNTY ' S F:\Pubhc Works\Rebecca\STrE PLANS\Developer's Agreements\G10-TRllium Developers Agreement.doc � This document prepared by and return to: 2/ 19/03Developer's Agreement Indian River County GHO VERO BEACH VIII, INC. CORP . Public Works Department 184025 1h Street Vero Beach, Fl. 32960 approval of the construction of the 33rd Street drainage and paving improvements . The COUNTY shall upon receipt of title to all the necessary right-of-way notify DEVELOPER in writing of its timely receipt of such property. Upon receipt of such notice DEVELOPER shall have 120 days to design, acquire the necessary permits and prepare and submit a total cost estimate to be agreed to in writing by the COUNTY. The COUNTY shall review and approve/revise the design, as agreeable to the DEVELOPER. Additionally, upon permitting of the 33rd Street drainage and paving improvements, DEVELOPER shall provide a Letter of Credit, cash bond, or other like security for a term of 12 months or until the road is complete, which ever occurs first in the amount of 50% of the total agreed upon cost of such improvements in order to provide the COUNTY a guarantee of DEVELOPERS ability to pay for its share of the drainage and paving improvements . If the COUNTY determines that the cost is excessive, the COUNTY may construct 33rd Street with COUNTY crews and both COUNTY and DEVELOPER shall fund 50% of the cost. The COUNTY shall work diligently to acquire all needed right-of-way for the 33rd Street paving and drainage project at the COUNTY'S cost, with no cost sharing or reimbursement by DEVELOPER. If the COUNTY has not acquired the right-of-way necessary to complete the 33rd Street paving and drainage project prior to DEVELOPER receiving a Certificate of Completion for the Final Phase of the Trillium project, DEVELOPER shall have no obligation or requirement to proceed with 33rd Street paving and drainage project under this agreement, or to share in the cost of any improvements to 33rd Street initiated by the COUNTY, except under the usual COUNTY special assessment programs, whereby a valid petition is received by property owners along 33rd Street. Unless the DEVELOPER agrees in writing, a certificate of completion shall not be withheld or delayed by the COUNTY for Trillium, nor shall the COUNTY delay approval of the Final Plat of Trillium, due to any portion of the 33rd Street improvements not being completed . 5 . The DEVELOPER shall provide Indian River COUNTY with stormwater storage capacity necessary to satisfy the stormwater requirements for the portion of 66th Avenue between 26th Street and 33rd Street. As the stormwater retention system for the Trillium project, as currently designed, has no additional capacity available, and any capacity will be the result of design changes that will likely result in the loss of a building lot(s) , the purchase price to be F:\PubHe Works\Rebecca\SfFE PLANS\Developer's Agreements\GHO-Allium Developers Agreement.doc This document prepared by and return to: 2/ 19/03Developer's Agreement Indian River County GHO VERO BEACH VIII, INC. CORP. Public Works Department 184025 th Street Vero Beach, Fl. 32960 paid by the COUNTY, to DEVELOPER, for this capacity, which would include the land, all design, and construction and carrying costs associated with the newly created stormwater retention area, shall be $ 87 , 000 for every lot, unit, or building envelope, that the project is reduced by, as determined by the engineering firm of Schulke, Bittle and Stoddard, L. L. C . Construction of stormwater retention capacity shall be performed by DEVELOPER at his expense . Payment for stormwater retention capacity shall be 100% traffic impact fee credits given to DEVELOPER. DEVELOPER may transfer these traffic impact fee credits to any third party, upon providing written notification to COUNTY of said transfer within District 2 , and upon approval of the County Administrator or his designee, which shall not be unreasonably withheld. Traffic impact fee credits shall have no expiration date. In the event that the stormwater retention area needed by the COUNTY should result in the loss of more than four lots , units, or building envelopes , the COUNTY shall have the option to cancel its purchase of stormwater retention capacity from DEVELOPER. The COUNTY must notify DEVELOPER, in writing, of its decision to cancel the purchase of stormwater retention capacity from DEVELOPER. COUNTY shall have 30 days upon written notification to COUNTY that stormwater retention area needed by the COUNTY will result in the loss of more than four lots, units , or building envelopes , to notify DEVELOPER of COUNTY'S decision to cancel the purchase of stormwater retention capacity. The COUNTY may suggest, but shall not mandate changes in the project design to reduce the number of lots lost due to the COUNTY' S stormwater requirements related to 66th Avenue . Location of any required lake or expansion of any lake shall be at the discretion of DEVELOPER and shall be designed to enhance the community. Furthermore, the COUNTY agrees to reimburse DEVELOPER for the purchase and installation of the necessary control structure(s) , catch basins , baffles and piping added to facilitate the storage of the additional stormwater, COUNTY reimbursement not to exceed $ 15 , 000 . DEVELOPER will have no responsibility to design, install, or pay any costs toward any drainage improvements undertaken by the COUNTY or FDOT to direct the 66th Avenue drainage into the stormwater management tracts . 6 . DEVELOPER agrees , prior to issuance of the Certificate of Completion of the Final Phase of Trillium, to construct a left hand turn lane for north bound traffic on 66th Avenue at the s�ttn F:\Public Works\Rebecca\SITE PLANS\Developer's Agreements\GHO-Allium Developers Agreement.doc r° This document prepared by and return to : 2/ 19/03 Developer's Agreement Indian River County GHO VERO BEACH VIII, INC. CORP . Public Works Department 1840 25 `h Street Vero Beach, Fl. 32960 main entrance to the Trillium project. Except for the aforementioned turn lane, and the paving and drainage improvements to 33rd Street, the COUNTY shall not require DEVELOPER to construct or share in the costs of any off-site road improvements as a condition to receiving the necessary permits , post construction, Final Plat approval or project Certificate of Completion. 7 . Time is of the essence as to all matters pertaining to this Agreement. 8 . In the event of any litigation arising out of this Agreement, both parties shall bear their own attorney fees and costs . 9 . 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 . 10 . 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 . 11 . 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. 12 , This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on a 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 . 13 . 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 . 14 . COUNTY and DEVELOPER 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 . 15 . 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 . F:\Public Works\Rebecca\SITE PLANS\Developer's Agreements\GHO-Trillium Developers Agreement.doc )y This document prepared by and return to: 2/ 19/03Developer's Agreement Indian River County GHO VERO BEACH VIII, INC. CORP . Public Works Department 184025 th Street Vero Beach, Fl. 32960 16 . 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. 17 . 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. 18 . 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. 19 . INSURANCE AND INDEMNIFICATION During the performance of the work covered by this Agreement, the DEVELOPER shall provide the COUNTY with evidence that the DEVELOPER ' S Contractor has obtained and maintains the insurance listed in the Agreement. A. 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 sub-contractors . B . Minimum Scope of Insurance 1 . Worker' s Compensation as required by the State of Florida. Employers Liability of $ 100 , 000 each accident, $ 500 , 000 disease policy limit, and $ 100,000 disease each employee . 2 . General Liability $ 3 , 000 , 000 combined single limit per accident for bodily injury and property damage. COUNTY shall bean additional insured . Auto Liability $ 3 , 000,000 combined single limit per accident for bodily injury and property damage for owned and non-owned vehicles . COUNTY shall be an additional insured. 3 . Professional Liability Insurance providing coverage for intentional , reckless or negligent acts, errors, or omissions committed or alleged to have been committed by DEVELOPER ' S Engineer with a limit of $ 500, 000 per claim/annual aggregate. F:\Pubhc Works\Rebecca\SITE PLANS\Developer's Agreements\GHO-Ilium Developers Agreement.doc � This document prepared by and return to: 2/ 19/03Developer's Agreement Indian River County GHO VERO BEACH VIII, INC. CORP . Public Works Department 184025 1h Street Vero Beach, Fl. 32960 There shall be no more than $ 5 ,000 deductible per claim amount unless the DEVELOPER provides a Certified Copy of a financial report which has been approved by the County Risk Manager. This insurance shall extend coverage to loss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect and consequential damages . C . The Risk Manager for Indian River County must approve any deductibles or self- insured retentions greater than $ 5 ,000 with the ultimate responsibility for same going to the DEVELOPER. D . Contractor's insurance coverage shall be primary. E . All above insurance policies shall be placed with insurers with a Best's rating of no less that A + VII. The insurer chosen shall also be licensed to do business in Florida. F . The insurance policies procured shall be per occurrence policies or as generally available on the open insurance market. G. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department prior to any construction commencing. H . The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate said policies of insurance. I. A written safety inspection plan must be submitted to the Indian River County Risk Management Department for approval prior to the signing of the contract. J . DEVELOPER shall include in all sub-contracts for sub-contractors the above insurance requirements or show them as insured under its policies or shall furnish separate certificates and endorsements for each sub -contractor. All coverages for sub-contractors shall be subject to all of the requirements stated herein. K. DEVELOPER hereby agrees to indemnify Indian River County and Representatives thereof from all claims arising from intentional, reckless or negligent acts , errors or omissions of the DEVELOPER or DEVELOPERS ' REPRESENTATIVES in the performance of Professional or Construction Services up to $ 1 million under this agreement. F:\Pubhc Works\Rebecca\SrrE PLANS\Developer's Agreements\GHO-T71lium Developers Agreement.doc �� This document prepared by and return to : 2/ 19/03 Developer's Agreement Indian River County GHO VERO BEACH VIII, INC. CORP . Public Works Department 1840 251h Street Vero Beach, Fl . 32960 IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to be executed in their names, the day and year first above written. BOARD OF COUNTY COMMISSIONERS GHO VERO B CH VIII, INC . , INDIAN RIVER COUNTY, FLORIDA A Florida Co tion BY : BY : i Will ler sident enneth Macht, Chairman , (,kr,' BCC Approved March 4 , 2003 WITNESS : B Jam ' E . Chandler, County Administrator WITNESS : (Corporate sealtptee of witnesses) Atte Jeffrey K. Barton Clerk of Court County Attorney Indian River County Approved Date Administration C' Budget Co. Atty z,6/a Risk Management Public Works 2 F:\Public Works\Rebecca\SrrE PLANS\Developer's Agreements\GHO-Allium Developers Agreement.doc EXHIBIT " A" Legal Description: "Parent Tract " ( Parcels : A, B, C 4 D ) A PORTION OF TRACT q t TRACT 16 , SECTION 31 , TOWNSHIP 32 SOUTH , RANGE 3q EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION , RECORDED IN PLAT BOOK 21 PAGE 25 , OF THE PUBLIC RECORDS OF ST . LUCIE COUNTY, FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY , FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 31 , TOWNSHIP 32 SOUTH , RANGE 39 EAST, RUN N00'2512111E ALONG THE EAST LINE OF SAID SECTION 311 60 . 00 FEET, THENCE N8q'4415q " W , 85 .00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PORTION OF LAND, THENCE CONTINUE N8q'44 ' 5q" W , 844 .36 FEET, THENCE N00'23157" E, 1260 .36 FEET, TO THE SOUTH LINE OF SAID TRACT q, THENCE NSq'46100" W ALONG THE SAID SOUTH LINE OF TRACT q , 330 .1q FEET TO THE SOUTHWEST CORNER OF SAID TRACT q , THENCE N00'2512411E ALONG THE WEST LINE OF SAID TRACT q 12012 . 10 FEET, THENCE S8q'42 ' 16 " E , 1250 .04 FEET, THENCE 500025 ' 21 'iW , Ig5L37 FEET, THENCE N8q'44' 5q " W , 35 . 00 FEET, THENCE 500'25121 " W , 560 . 00 FEET, THENCE 545'20111 " W , 56 .65 FEET TO THE POINT OF BEGINNING, SAID PORTION OF LAND CONTAINS 63 . 1703 ACRES, MORE OF LE55 AND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA . PREPARED BY HOUSTON 4 PRICE , INC. J HOUSTON 4 PRICE, INC. THIS SURVEY IS NOT VALID WITHOUT THE Professional Land Surveyors 5IG4ATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER 01436 U . S . Highway I NAMED BELOW. Sebastian , Florida 32g58 TEL : (772) 388-8603 STUART A. HOUSTON, P.L.5. #4490 INC. E\SET UP (00 NUT USE)\2602 PRIVATE JURA02-2116.6ho 66th. Ave.dwg. 01/26/20031.45:40 PK PRR Ir - . - HIC; SCALE 100 r so too . p IUnI ,, . . • Iln �ll 11 i IN FEET I inch 100 Ft . V�A C= r- t. ion Legend 4 Abbreviations : PLS PROFE55IONAL LAND ,�IIIIIIII I I Ilglill /���/ jai/ SURVEYORPSM PROFESSIONAL . - MAPPER PARCEL ' C ' PARCEL V LB LAND SURVEYING BUSINESS POC POINT OF COMMENCEMENT • POB POINT 1 RIWT OF WAY RADIUSSEC, — SECTION DELTA RADIUS POINT • F`LAT OF - • - / • I / • ' CORP. 20001 : ' I _ '�` i -i_ _ s. . ya7jjj I • ' • • I s ' R/W PER • - u • . —26th. 5T, (WALKER AVE. ) - SOUTH , - �� i DATE: 2/13/03 CORNER II RANGE 5q E . REPORT • TW 51GMTURE D WE ORIGIN& RAISED MAPPEROF TW FLOIZIDA RKISTERED SURVEYOR AND NAMED HEREON HMCW MAY BE • / AT nIE a 1 • • al REPORT VE PLAT MD REPORT 1 •MPLETE HIT"T ME MVTNM 4 Report of Survey : (Project +'02 . 266E1 ) + TYPE OF SURVEY' SKETCH OF LEGAL DESCRIPTION NOT A BOUNDARY SURVEY + THIS SURVEY PERFORMED BYe HOUSTON 4 PRICE INC, L.B. #6905 9436 U,5, HIGHWAY i SEBASTIAN, FLORIDA 32958 + PROFESSIONAL SURVEYOR 4 MAPPER IN RESPONSIBLE CHARGES STUART A. HOUSTON, P.L,5, #4490 or JAY R. PRICE, P.S.M. 416386 + THIS SURVEY MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS, AS ESTABLISHED IN CHAPTER 61617-61 FLORIDA ADMIN15TRATIVE CODE. + THE BEARING BASE FOR THIS SURVEY 15s NOO'M 21 "E, ALONG THE EAST LINE OF SECTION 31 -32-39j BASED ON THE FLORIDA HIGH PRECISION GEODETIC NETWORK NAD 83/1990 ADJUSTMENT, FLORIDA EAST ZONE 901 + NO TITLE OPINION OR GUARANTEE 15 EXPRESSED OR IMPLIED. Legal Description: troth Street Additional Rlght Of Way Dedication A PORTION OF TRACT 16 , SECTION 31 , TOWNSHIP 32 SOUTH, .RANGE 3q EAST ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, RECORDED IN PLAT BOOK 21 PAGE 25 , OF THE PUBLIC RECORDS OF 5T , LUCIE COUNTY, FLORIDA, • 5AID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS = COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 31 , TOWNSHIP 32 SOUTH , RANGE 3q EAST, RUN N00.2512111E ALONG THE EAST LINE OF SAID SECTION 31 , 60 .00 FEET, THENCE NSq'44 '5q" W , g5 , 00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PORTION OF LAND THENCE CONTINUE N8q'4415q " W , 844 ,36 FEET, THENCE N00023 '57" E, 20600 FEET, THENCE, S5q'44'5q " E, 86437 FEET, THENCE 545'20410W, 28 ,33 FEET TO . THE POINT OF BEGINNING, SAID PORTION OF LAND CONTAINS 0 ,3g23 ACRES, MORE OR LESS AND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, HOUSTON 4 PRICE, INc, THIS SURVEY 15 NOT VALID WITHOUT THE FroFessional Land Surveyors SIGNATURE AND THE ORIGINAL RAISED SEAL OF 9436 U .S. Highway I THE FLORIDA LICENSED SURVEYOR AND MAPPER 9 ay NAMED BELOW. Sebastian, Florida TEL: (772) 388-8603 STUART A. HOUSTON, P.LS. >e44g0 JAY R, PRICE P.S,M, #a% SA2002_PRIVATE JOBS102-266-Gho 66th. Ave.dwg, 00122003 03:42:06 PM ,illlllllllllll� ull•.. ..,lu�gllllllllllll � � � s a � � s IQ��IIIIIIIIIII IIIIIIIIII) rn Legend 4 Abbreviations : %j kq PLS PROFE55IONAL LAND SURVEYOR , trn UJ MAPPER Ltn . _ LL I-- a POC - POINT OF COMMENCEMENT 32 $ PltFf _ { POB POINT / / BEGINNING � Y YLO z _ C4 ' SEC. SECTION • > C4 TWPI TOWNSHIP RADIUSrn E NGTH lu DELTA ANGLE RADIUS POINT • _ mss . FLAT OF SURVEY FOR. GHO DEVELOPMENT CORP. d." q , en TYPE _Vylu kl: . IL' SKETCH OF LEGAL DESCRIPTION NOT A BWNDARY SURVEY • ry i PROJO NO, 02-266E3 5450204 l ' W DATE: 2/13/03 YIL` • II . I , in THIS PELAT 1REPORT ARENOT VAUDWITHOUT THE SIGNATURE 1 ORIGINALRAISED / OF THE FLORIDAREGISTERED. SURVEYORAND MAPPER NAMED HEREON MICHSIGNATURE FOUNDMAY BE AT T14E END OF THE ATTACHED REPORT. / REPORT ARE NOT AND COMPLETE r ONE ANMER. 11 • : 1 . . I 11 1 : 1 Report of Survey: ( Project 002466E3 ) * TYPE OF 5URVEYi SKETCH OF LEGAL DESCRIPTION NOT A BOUNDARY SURVEY * T1415 SURVEY PERFORMED BY: HOUSTON 4 PRICE, INC. L.B. #6905 9436 U .S. HIGHWAY I SEBASTIAN, FLORIDA 32958 * PROFE55IONAL SURVEYOR MAPPER IN RESPONSIBLE CHARGE= STUART A. HOUSTON, P.L.S. #4490 or JAY R. PRICE, P.S.M. 416386 * THIS SURVEY MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS, AS ESTABLISHED IN CHAISTER 61GI7-6, FLORIDA ADMINISTRATIVE CODE. * THE BEARING BASE FOR T44I5 SURVEY 15, N00'25'21 "E, ALONG THE EAST LINE OF SECTION 31 -32-39; BASED ON THE FLORIDA HIGH PRECISION GEODETIC NETWORK NAD 83/1990 ADJUSTMENT, FLORIDA EAST ZONE 901 * NO TITLE OPINION OR GUARANTEE 15 EXPRESSED OR IMPLIED, Legal Description : 66th. Avenue Additional Right Of Way Dedication A PORTION OF TRACT q 8 TRACT 16 , SECTION 31 , TOWNSHIP 32 SOUTH , RANGE 3g EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARM5 COMPANY SUBDIVISION , RECORDED IN PLAT BOOK 21 PAGE 25 , OF THE PUBLIC RECORDS OF ST . LUCIE COUNTY, FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA -AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 31 , TOWNSHIP 32 SOUTH , RANGE 3q EAST, RUN N00'25 '21 " E ALONG THE EAST LINE OF SAID SECTION 31 , 60 . 00 FEET, THENCE N89'4415911W, 95 . 00 FEET, THENCE N45'201II " E, 28 .33 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PORTION OF LAND, THENCE NSq'44 ' 5q " W , 31 . 00 FEET, THENCE N00025 '21 " E, 2531 .44 FEET, THENCE 589042 ' 16 " E, 76 . 00 FEET, THENCE 500025 '21 " W , 1951 .38 FEET, THENCE N8g644 '5q " W, 25 . 00 FEET, THENCE 500'25'21 " W , 560 .00 FEET , THENCE 545020 ' 11 " W, 28 . 32 FEET TO THE POINT OF BEGINNING , SAID PORTION OF LAND CONTAINS 4 . 07gl ACRES, MORE OF LE55 AND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA . HOUSTON 4 PRICE, NG. THIS SURVEr 15 NOT VALID win-Hour-THE Professional Land Surveyors SIGNATURE AND THE ORIGINAL. RAISED. SEAL OF 9436 U . S . ,Highway 1 THE FLORIDA LICENSED SURVErOR AND MAPPER Sebastian, Florida / 32958 TEL: (772 ) 3BB-8603 kVA*R� T �+�.R PRICE P.S.M. 116386 S:12002 PRIVATE JOBM02-266-Gho 66th. Ave.dwq, 02/13/2003 08:57:17 AM �kr 33rd . ST. (CHERRY LANE) 589' 21161114 ® ® 10,001 I \ a NG. \ w 1V ca r t1^ 1 I in Legend E Abbreviations : fn PI-5 PROFE55IONAL LAND SURVEYOR 1, uuj m Q PSM PROFESSIONAL SURVEYOR 4 N GRAPHIC SCALE m MAPPER to p ►L LB - LAND 5URVEYING BUSINESS a w 10O a 30 100 E Q O = POC - POINT OF COMMENCEMENT 1- POB - POINT OF BEGINNING BMW1 W 3 - Z p R/W - RIGHT OF WAY : - -� .1 th SEC. - SECTION m IN FEET ) I (v N 9I- n TWP. - TOWNSHIP 19 I inch = Imm rt . N w Q '^ tnl R - RADIUS PARCELn w ' L - LENGTH H )] 1 p U g 3 & - DELTA ANGLE R. P. - RADIUS POINT 01 W I j : Q 1 ' I � PLAT OF SURVEY FOR: GHO DEVELOPMENT CORP. �, 1 569'4414' E I� TYPE: 25 I �W N89'44' 59 " W SKETCH OF LEGAL DESCRIPTION IN I 10 .00' NOT A BOUNDARY SURVEY PROD , NO. 02-266E2 i DWN . BY : S .A .H . CKD. BY: P. R .B. W DATE: 2/13/03 SCALE: i1 = 100' R/W PER O.R. BOOK 1042, PAGE 251 !`� $ THIS PLAT AND REPORT ARE NOT VALID MSTNOUT 26th. 5T. (WALKER AVE.) g $ THE SIGNATURE AND THE ORIGINAL RAISED SEAL SOUTH LINE TRACT 16 '— — — OF THE FLORIDA REGISTERED SURVETOR AND P.O . MAPPER NAMED HEREON M&IIC1) SIGNATURE AND SERI. MAY BE FOUND AT THE END OF THE ATTACHED 5 . E . CORNER REPORT, 114E PLAT AND REPORT ARE NOT FULL SEC . 31 TWP . 32 5 . AND COMPLY MTN= Ott ANOTHER. RANGE 39 E . SA2002_PRIVATE JOBS102-266-Gho 66th. Ave.dwg, 02/13/2003 08:33:24 AM Report of Survey: ( Project 00212660 ) * TYPE OF SURVEY: SKETCH OF LEGAL DESCRIPTION NOT A BOUNDARY SURVEY * 11415 SURVEY PERFORMED BY: HOUSTON R PRICE, INC. L.B. #(*q05 9436 U.S. HIGHWAY I SEBASTIAN, FLORIDA 32958 * PROFESSIONAL SURVEYOR 4 MAPPER IN RESPONSIBLE CHARGE: STUART A. HOUSTON, P.L.S. #4480 or JAY R. PRICE, P.S.M . #6386 * THI5 SURVEY MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS, AS ESTABLISHED IN CHAPTER 6107-61 FLORIDA ADMINISTRATIVE CODE. * THE BEARING BASE FOR T14I5 SURVEY 15: N=25'21 " E, ALONG THE EAST LINE OF ' SECTION 31 -32-3% BASED ON THE FLORIDA HIGH PRECISION GEODETIC NETWORK NAD 83/Igg0 ADJUSTMENT, FLORIDA EAST ZONE q01 * NO TITLE OPINION OR GUARANTEE 15 EXPRESSED OR IMPLIED, Legal Description : 66th Avenue 10 ' Right Of Way Dedication A PORTION OF TRACT q $ TRACT 161 SECTION 31 , TOWNSHIP 32 SOUTH , RANGE 3q EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, RECORDED IN PLAT BOOK 21 PAGE 25 , OF THE PUBLIC RECORDS OF ' 5T . LUCIE COUNTY, FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 311 TOWNSHIP 32 SOUTH, RANGE 3q EAST, RUN N000251210E ALONG THE EAST LINE OF SAID SECTION 31 , 60 . 00 FEET, THENCE N5q'44159 " W, 95 . 00 FEET, THENCE N45'20' II " E, 56 .65 FEET, THENCE N00'2512111E, 560 . 00 FEET, THENCE 5Bq'44'5q " E, 25 . 00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PORTION OF LAND, THENCE N0002512111E, 1951 .38 FEET, THENCE 58q042 ' 16 "E, 10 . 00 FEET, THENCE S00'25 '2014 , Ig51 . 37 FEET, THENCE N8q'4415q " W , 10 . 00 FEET TO THE POINT OF BEGINNING , SAID PORTION OF LAND CONTAINS 0 .4480 ACRES, MORE OF LESS AND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA . HOUSTON t PRICE, INC. THIS SURVEY IS NOT VAUD WITHOUT THE Professional Land Surveyors SIGNATURE AND THE ORIGINAL RAISED SEAL OF TH 9496 U . S . Highway I E FLORIDA LICENSED SURVEYOR AND . MAPPER 9 ay NAMED BELOW. Sebastian, Florida <\� 32958 TEL : (772 ) 388-5(003NA'RT A. HOUSTON, P.L.S. #4490 NG ❑ JAY R. PRICE P.S.M. 716386 S:12002_PRIVATE J08=2-266-Gho 66th. Ave.dwg, 02/13/2003 08:29:11 AM �1t�