HomeMy WebLinkAbout2005-408 i i 3 o
1722535
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
This document prepared by BK : 1988 PG : 765 , Pagel of 13
Bruce Barkett, Esq . 01 /27/2006 at 04 :06 PM ,
Collins, Brown, Caldwell , Barkett and
Garavaglia, Chartered JEFFREY K BARTON , CLERK OF
COURT
7Beachland Blvd .
V ` Beach , Florida 32963
C', 3
DEVELOPER' S AGREEMENT BETWEEN
3 INDIAN RIVER COUNTY, FLORIDA
AND
DIVOSTA HOMES, L.P.
FOR WATERWAY VILLAGE
THIS AGREEMENT is made and entered into this 13th day of r) PcpmhPr , 2005 , by and
V between Indian River County, Florida, a political subdivision of the State of Florida, 1840 25 'h Street,
Vero Beach, Florida 32960 ("County") , and DiVosta Homes , L . P . , a Delaware Limited Partnership , 4500
PGA Blvd . , Suite 400 , Palm Beach Gardens, Florida 33418 ("Developer") .
WITNESSETH
WHEREAS , the Developer proposes to develop a residential community , located north of 49'h
Street and east of 58'h Avenue in Indian River County, to be known as Waterway Village , to include up to
1 ,596 residential dwelling units, community recreation improvements , and up to 20 ,000 square feet of
neighborhood commercial uses , together constituting a Development of Regional Impact ("DRI") on real
property legally described on Exhibit "A" attached hereto and made a part hereof, and
WHEREAS , the County, pursuant to Chapter 380 Florida Statutes , adopted Resolution 2004- 137
("Development Order") approving Waterway Village as a DRI and Planned Development project on
November 9 , 2004 ; and
WHEREAS , the County and the Developer share mutual goals and can assist each other with
respect to right-of-way acquisition, roadway and drainage improvements , intersection improvements , and
other improvements described in the Development Order and required by the Planned Development ; and
WHEREAS , the Development Order limits the number of building permits which will be issued
for Waterway Village before provision is made to accomplish certain intersection improvements and other
required improvements ; and
WHEREAS , the Development Order specifies that provision for the accomplishment of the
intersection improvements and required improvements may be made by, among other methods , a local
government developer' s agreement ; and
WHEREAS , Indian River Farms Water Control District ("District") possesses rights -of-way which
traverse Waterway Village , and which the District is willing to release for the benefit of the Developer ;
and
Page 1 of 8
WHEREAS , the County is willing to assist the Developer in acquiring title to the rights -of-way to
be released by the District, at no cost to the County ;
NOW, THEREFORE, in consideration of the mutual terms , conditions , promises , covenants and
premises hereinafter stated, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged , the County and the Developer agree as follows :
1 . Recitals : The foregoing recitals are hereby incorporated as if fully restated herein .
2. Intersection Improvements : County and Developer desire to address the conditions of
the Development Order relating to intersection improvements as follows :
A. Developer agrees to plan, survey, design, permit, and construct the intersection
improvements identified in Exhibit `B" on or before the date or event specified in the
Development Order . Prior to construction, Developer shall relocate all conflicting utilities .
Developer also agrees to identify needed right-of-way , prepare legal descriptions and parcel
sketches , prepare appraisals, negotiate and obtain county approval of purchase prices , and acquire
the needed right-of-way . Developer shall invoice County for costs of appraisals and for closing
costs, including purchase price, and County shall reimburse Developer pursuant to paragraph 5 ,
below . If Developer is unable to acquire the needed right-of-way or if the County disapproves a
reimbursable cost, the County agrees to initiate the eminent domain process within thirty (30) days
notice by Developer that the right-of-way could not be acquired through negotiation . The County,
through its Public Works Director or his designee , shall have fourteen ( 14) days to review and
approve reimbursable costs . Failure to reply to Developer within fourteen ( 14) days shall
constitute approval .
Be The Developer shall contribute to the County the following sums of money toward
the Intersection Improvements specified below (" Contribution Amount") . Developer shall not
receive compensation or impact fee credits for these Contribution Amounts ,
See Exhibit "C" attached hereto and made a part hereof.
C . The Developer agrees to plan, survey, design, permit, and construct the Intersection
Improvements at 45th Street and 58th Avenue on or before the date or event specified in
the
Development Order, provided , however, that the County shall be responsible for and shall pay
81 . 93 % of such costs . County shall be responsible for 100 % of the costs for appraisals , closing
costs , and the purchase price if additional right-of-way is acquired by Developer . If additional
right-of-way is required to make the Intersection Improvements , Developer agrees to identify the
required right-of-way, prepare legal descriptions and parcel sketches , prepare appraisals , negotiate
and obtain County approval of purchase prices , and acquire the needed right-of-way . County shall
be responsible for 100 % of appraisal costs and closing costs , including purchase price , for such
additional right-of-way, and County shall reimburse Developer pursuant to paragraph 5 below . If
Page 2 of 8
Developer is unable to acquire the needed right-of-way or if the County disapproves a
reimbursable cost, the County agrees to initiate the eminent domain process within thirty (30) days
notice by the Developer that the right-of-way could not be acquired through negotiation . The
County, through its Public Works Director or his designee , shall have fourteen ( 14) days to review
and approve reimbursable costs . Failure to reply to Developer within fourteen ( 14) days shall
constitute approval .
D . The Developer' s obligation with respect to the Intersection Improvements identified
in the Development Order, paragraphs 16 , 19 through 29 , shall be deemed satisfied so long as
Developer is in compliance with this Agreement . County shall not withhold any approval or permit
because of the condition of any intersection as long as Developer is in compliance with this
Agreement.
3 . 53`d Street : Developer will plan ; provide right-of-way (without compensation) ; design ;
permit ; and construct 53 `d Street as a four-lane divided roadway from 58`h Avenue east to Developer' s
eastern boundary according to the timetable and/or event schedule approved by County in the
Development Order. Developer shall : (a) work with the County ' s Engineer to coordinate the roadway
design with the design of the bridge across the Lateral H and North Relief canals ; and (b)
submit
engineering plans to the County for its review and approval prior to the commencement of construction of
53`d Street. Utility relocation shall be included . .
A. The County shall have the right to approve the scope of work and compensation for
the design and engineering phase of this project . The County shall not unreasonably withhold or
delay such approval . Failure to reply to Developer within thirty (30) days shall constitute
approval .
B . The Developer and the County shall share equally the cost of construction, design,
and engineering of 53`d Street from 58`h Avenue to the east property line of Waterway Village ;
provided, however, that the County' s obligation for the cost of landscaping shall be limited to one-
half of $ 100 ,000 . 00 per mile . The Developer shall fund and install all border landscaping.
C . Developer shall have no responsibility for the design, engineering, or construction
costs of 53`d Street east of Developer' s east property boundary, or for the bridges across Lateral H
and North Relief canals .
D . The Developer' s obligation with respect to 53 `d Street, identified in the
Development Order and otherwise , shall be deemed satisfied so long as Developer is in
compliance with this Agreement, and County shall not withhold any approval or permit because of
the condition of 53 `d Street as long as Developer is in compliance with this Agreement .
E . At the time the County accepts title or dedication from Developer for the 53`d Street
right of way, the County shall execute a release of any interest the County has in any Murphy Act
right of way for the existing 53`d Street located in Sections 21 and 22, Township 32, South, Range
39 East, Indian River County, Florida, including, but not limited to , the reservations of road right
Page 3 of 8
of way described in Deed Book 66 Page 35 , Deed Book 67 Page 267 and Deed Book 60 Page 86 ,
Public Records of Indian River County, Florida .
4 , Impact Fees : Developer shall receive traffic impact fee credits for all design, engineering,
and construction costs associated with 53`d Street paid or contributed by Developer, except for those costs
associated with site -related turn lanes, site -related traffic control measures, and any landscaping in excess
of that landscaping required by County Ordinance or Regulations ("non-reimbursable costs") . Such
impact fee credits and costs will include the design configuration of 53 `d Street, recognizing that the eagle
located within the Development precludes running the roadway in a straight line from Old Dixie Highway
to 58th Avenue . The Developer shall construct 43`d Avenue , 515` Court, and 49th Street improvements
within the project or along the project frontage at Developer' s sole cost with no traffic impact fee credits
allowed . The Developer shall construct sidewalks required by the Development Order and the approved
Planned Development Plan at Developer' s sole cost and expense with no impact fee credits allowed .
5 . Invoices : Any invoices submitted by Developer to the County for the County ' s payment
shall be reimbursed by the County according to the Prompt Payment Act . (Sections 218 . 70 - 218 . 80 , Fla .
Stat . 2004) .
6 . Proiect Bids : Developer and County shall prepare a mutually agreeable Bid Package and a
mutually agreeable Prequalification Package for bids on the work described herein . Developer will
advertise and seek construction bids from a minimum of two (2) contractors qualified to complete the
work described herein . The project must be bid on DemandStar web site as required by the County
Purchasing Division . Developer and County must agree on the Contractor selected .
7 . Stormwater Management : The Developer agrees to incorporate , at no cost to the County,
sufficient capacity in Waterway Village to provide stormwater storage for the impervious area of 53rd
Street from King ' s Highway (58th Avenue) to the eastern boundary of Waterway Village ; 43 `d Avenue
from 491h Street to 53`d Street ; 491h Street improvements ; and 58th Avenue four-lane widening along the
project frontage . The capacity shall be such as to accommodate the drainage for the described section of
53`d Street if and when it is widened to six lanes . As part of its design and construction of 53`d Street
described herein, the Developer shall design, permit, and install drainage improvements to direct the
drainage from the future widening of 53 `d Street to six (6) lanes . The County shall reimburse
the
Developer for all incremental costs incurred to accommodate the increased drainage from a four-lane road
to a six -lane road, such as, but not limited to , any increase in price for larger pipes .
Further, the
Developer ' s obligation shall be deemed satisfied when the County issues a Certificate of Completion for
53`d Street as a four-lane road .
8 . Insurance and Indemnification : During Developer' s performance of any construction in
County right-of-way covered by this Agreement, Developer shall provide the County with evidence that
Developer or the Developer' s Contractor has obtained and maintains the insurance listed below.
A. Developer or Developer ' s Contractor shall procure and maintain for the duration of
all construction contracts, insurance against claims for injuries to persons or damages to property
Page 4 of 8
which may arise from or in connection with the performance of the work hereunder by the
Developer, his agents , representatives, employees or sub -contractors .
Be 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 $ 1 ,000,000 combined single limit per accident for bodily
injury and property damage . County shall be an additional insured . Auto Liability
$ 1 ,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 .
There shall be no more than $5 ,000 deductible per claim amount unless approved by the County
Risk Manager. Any deductibles or self-insured retentions greater than $5 ,000 must be approved
by the Risk Manager for Indian River County with the ultimate responsibility for same going to the
Developer .
C . Developer 's insurance coverage shall be primary .
D . All above insurance policies shall be placed with insurers with a Best 's rating of no
less than AV . The insurer chosen shall also be licensed to do business in Florida .
E. The insurance policies procured shall be per occurrence policies or as generally
available on the open insurance market.
F. The Insurance Carriers shall supply Certificates of Insurance evidencing such
coverage to the Indian River County Risk Management Department prior to the commencement of
any work in a County right-of-way .
G . The insurance companies selected shall send written verification to the Indian River
County Risk Management Department that they will provide thirty (30) days written notice to the
Indian River County Department of Risk Management of its intent to cancel or terminate said
policies of insurance .
H . A written safety inspection plan must be submitted to the Indian River County Risk
Management Department for approval prior to the commencement of any work in a County right-
of-way .
Page 5 of 8
I . Developer shall include in all sub-contracts for sub -contractors the above insurance
requirement 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 .
J . Up to $ 1 million, Developer hereby agrees to indemnify Indian River County and
Representatives thereof from all claims arising solely from intentional , reckless or negligent acts,
errors or omissions of the Developer or Developers ' Representatives in the performance of
Services under this agreement and for which Developer is legally liable .
9 . Indian River Farms Water Control District Right-of-Way : Indian River Farms Water
Control District ("District") is in possession of right-of-way which traverses Waterway Village , and which
is more particularly described on Composite Exhibit "D" attached hereto and made a part hereof ("District
Right-of- Way") . Developer and District have entered into an agreement ("Agreement") which provides
that the District shall convey title to the District Right-of-Way to County, to be held in escrow, until
County can comply with the terms of this paragraph. County hereby agrees to convey to Developer, by
County deed, if appropriate , or by abandonment to Developer as the adjacent property owner, the District
Right-of-Way, as part of the consideration for this Agreement . Developer shall be responsible for
obtaining its own title insurance , and any costs associated with said conveyance , including surveys ,
documentary stamps, or recording fees . If County is unable to convey title to the District Right-of-Way to
the Developer by September 8, 2006 , then Developer shall have the option to direct the Escrow Agent
under the Agreement, to return the deed for the District Right-of-Way back to the District and return to
Developer the Purchase Price held in escrow under the Agreement. The County ' s conveyance of the
District Right-of-Way to the Developer shall be a release of any interest the County has in the District
Right of Way .
10 . Attachment to Development Order : Upon approval and execution by Developer and
County, this Agreement shall be attached as an exhibit to the Development Order, in accordance with the
terms of the Development Order .
11 . Miscellaneous :
A. In the event of any litigation arising out of this Agreement, the prevailing party
shall recover attorneys ' fees and costs from the non-prevailing party .
Be 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
Page 6 of 8
IN
herein shall be binding on any party hereto . This Agreement shall not be effective unless signed
by Developer and County.
E . The obligations of the Developer to this Agreement are expressly conditioned upon
the Developer' s decision, at Developer' s sole discretion, to proceed with the Project .
F. No Building Permit, Certificate of Completion, or Certificate of Occupancy shall be
withheld or delayed by the County for Waterway Village or any portion thereof, nor shall the
County delay or withhold any other required permits, due to the County ' s failure to perform any
obligation described herein, provided that the Developer is in compliance with this Agreement, all
other elements of the Development Order and applicable laws and regulations .
G . Except as described herein and in the Development Order, the County shall not
require Developer to construct, contribute to , or share in the costs of any off- site improvements
other than the payment of or credits toward applicable impact fees .
H. This Agreement and all matters arising hereunder shall be governed by and
construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian
River County, Florida . Time shall be of the essence .
I . This Agreement shall be deemed prepared jointly by each of the parties hereto and
shall be construed on parity as between the parties . There shall be no canon of construction for or
against any party by reason of the physical preparation of this Agreement .
J . Whenever the singular number is used in this Agreement and when required by the
context, the same shall include the plural ; and the masculine , feminine , and neuter genders shall
each include the others .
K. County and Developer shall grant such further assurances and provide such
additional documents as may be reasonably required by one another from time to time , and
cooperate fully with one another in order to carry out the terms and conditions hereof and comply
with the express intention of this Agreement.
L. Failure to insist upon strict compliance with any of the terms , covenants , or
conditions herein shall not be deemed a waiver of such terms, covenants , or conditions , nor shall
any waiver or relinquishment of any right or power hereunder at any one time or times be deemed
a waiver or relinquishment of such right or power at any other time or times .
M . All words , terms, and conditions contained herein are to be read in concert , each
with the other, and a provision contained under one paragraph may be considered to be equally
applicable under another in the interpretation of this Agreement.
Page 7 of 8
N . The words herein and hereof and words of similar import, without reference to any
particular section or subdivision of this Agreement, refer to this Agreement as a whole rather than
to any particular section or subdivision hereof.
O . In the event any term , condition, or clause of this Agreement is declared to be
illegal or unenforceable by a court of competent jurisdiction , such declaration of illegality or
unenforceability shall not affect or alter the legality or enforceability of any remaining term,
condition, or clause hereof, provided of the parties , as set forth in this Agreement .
IN WITNESS WHEREOF the County and Developer have caused these presents to be executed in
their names , the day and year first above written.
DIVOSTA HOMES , L. P . BOARD OF COUNTY COMMISSIONERS
a Delaware limited partnership INDIAN RIVER COUNTY, FLORIDA
By : DiVosta Homes Holdings LLC,
a Ettelawaixlimited liabi ' t company,
i ral a er
Print Na e : !"!DMZd4e� f T Print Name : Thomas S . Lowther
Its : ICG _ Ie .rl*eiJ ? Its : Chairman
BCC Approved : 12 - 13 - 2005
WITNESS : By :
J eph A. aird , County Administrator
WITNESS :
(Corporate seal is acceptable in place of witnesses)
Attest :
Jeffrey K. Barton
Clerk of Court
: William G . Collins , II, County Attorney
(Approved as to Form and Legal Sufficiency)
J :\Planning & Zoning\DIVOSTA & COMPANYDeveloper's Agreement\DEVELOPERS AGREEMENT (08.31 .05 to County).doc
Page 8 of 8
EXHIBIT A
TOWNSHIP 32 SOUIK RANGE 39 EAST,
THAT PART OF THE SW 1 /4 OF SECTION 15 , T PART OF THE SW 1 /4 QF THE SE
LYING SOUTH OF THE NORTH RELIEF CANAL;
GE 39 EAST, LYING SOUTH OF THE
1/4 OF SECTION 15. , TOWNSHIP 32 SOUTH, RAN "H" CANAL T SOUTH 1 /2 OF THE
NORTH RELIEF CANAL AND WEST OF LATERAL 3
SOL''IH in OF ' SECTION 16 , TOWNSH2
1/4 OF SECTION 2 SOUTH, RANGE,
ON 22,E OSWNSHIP 2 , SOUTH%
THE NORTH RELIEF CANAL; THE LYING O
�WELATERAL
�
TERAL " SECTION
221
RANGE 39 EAST , AND THAT PART OF THETOWNSHIP 32 SOLTI'H, RANGE 39 , CTS 1 THROUGH 81
LYING AND BEING IN INDIAN RIVER COUNTY ,
FLORIDA; AND TRA
ACCORDIlv G TO THE
�ICLL`SNE SECTION 21 . TOWNSHIP 32 SOUTH, RANGE 39 R STCO � ANY LIANTDS , AS
H
LAST GENERAL PLAT OF LAND OF THE INDIAN RSR FARMS
RECORDED IN PLAT BOOK 2 , PAGE 25 OF TE PUBLIC RECORDS OF ST . LUCIE
COttNTY , FLORIDA; SAID LA'�ID NOW LYING AND BEING IN IND [AI� RIVErti COUNTY ,
FLORIDA .
LESS AND EXCEPT : THE SOUTH 60 .00 FEET OF TRACTS 5 THROLGH 8 , INCLUSIVE OF
SECTION 21 , TOWNSHIP 32 SOUTH, RANGE 39 BAST, ACCORDING TO THE LAST
GENERAL PLAT OF . LANDS OF THE INDIAN ' RIVER FARMS CONIPA1N'Y LANDS
RECORDED IN PLAT BOOK 2, PAGE 25 , ST . LUCIE COUNTY , FLORID`°',, PUBLIC
RECORDS , NOW LYING AND BEING IN 3NDIAN RIVER COUNTY , FLORIDA TOGETHER
WITH THE SOUTH 60 .00 FEET OF THE NORTHWEST QUARTER ( 1 /4) OF SECTION 22 ,
TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA.
AND LESS AND EXCEPT : THE NORTH 12 FEET FEET
OF STHE SOUTH 72 OF THE WEST
H 72 FEET OF TEM EAST
1158 .9 FEET OF TRACT 7 , AND THE NORTH
641 . 1 FEET OF TRACT 81 IN SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST ,
ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS
OF ST .
COMPANY, RECORDED IN PLAT BOOK 29 PAGE 25 , OF THE PUBLIC RECORDS
LUCIE COUNTY , FLORIDA; SAID LAND NOW LYING AND BEING IN ll iDIAN RIVER
COUNTY, FLO= A.
CONTAINING 696 . 642 ACRES , MORE OR LESS
EXHIBIT B
WATERWAY VILLAGE
DEVELOPER FUNDED
INTERSECTION IMPROVEMENTS
INTERSECTION IMPROVEMENTS CONDITION
58th Avenue tem or entrance includingflasher conv. signal 16
53rd Street & 58th Avenue, includingfull traffic signal 19
53rd Street & 51 st Court, includingflasher convertible signal 19, 27
53rd Street & 43rd Avenue, includingflasher convertible signal 19
9th Street & 43rd Avenue, includingflasher convertible signal 19
9th Street & 51st Court, includingflasher convertible signal 19928
5th Street & 58th Avenue, includingfull traffic signal 20
9th Street & 58th Avenue, includingfull traffic signal 20
53rd Street & 43rd Avenue, including full traffic signal 22
u:rg/planning/waterway/developer agreement exhibits/B
EXHIBIT
WATERWAY VILLAGE
DEVELOPER CONTRIoBUTION
• ' U47MRSECTION IMPROVEMENTS
0 OF TOTAL COST PERCENTAGE DEVELOPET
1INTERSECTION IMPROVEMMNTSCONDITION I " t 15 I ( '
126th StIvet & 43rd Avenue 21 11111 1 ' 01
126th Street & : h Avenu e-- 23
8%0009
Mass
153r • _
li 111 • � ,
1
24 111 111 • � ,
• 1 ISR 60 & 43rd Avenue
.% • �01 1 1 1 1 ,
ISR , .
149th Street & US 1
• � $ 110,400
260
$ 1209000 5 *49% $69588
ROM DiumieHighway . • th Street* 1 29
$500,000 5a49% �$27,450
TOTAL11 111 $3305210
Indian River Counly did not require an simlysis of this intarsgetion therefore no
traffic data is available. 7be P=Mtap Impact
a ,
ARCADI NNW
Lawson , Noble &� Webb . Inc*
ENGINEERS
61 ) EB/ . , (5bultvFYON
420Cd=MK Or, 5I) 1G84-1Q'12ol Wed p
alm boadi, FL 33409
(�1 � WWx WIVAN mrinoAan
-d88B
West PI Beach ®Srt452 / 1�g 887 • Vera B406
ill P ASC. OF
LECTION 21
ME DETAIL "Am
8890401250E
40.00' rr" MnOMLINE CANAL R/W
SOON114S7"W SECTMN 91 7.63 ACRES + /- a
3Q00' a�ASIs OF MAMM 1a (TOTAL)
P.03 589'40'26"E A s j'oil 4e.21 wm� 4
xy
Ila
5348.09' souN a oa�OF Q
i N89.40'26"W !-
0. 111570E CTOTAU TRACT ?
30.00' TRACT 3 SECTI104 21, TWP . 32 IF , Rr,E 39 E.
`.«cTION1 21, lliw, M s, RC. 39 C, sECTTCN 2L TWP . D2 S, RM 2 E
i 1rOLA�IT of LAR FARMS MD .
PLAN FOR
LAND NaAINI MO ROAD
RCSE'K'ATDDNB
PA. 2, M 25
I CANAL R/W m2I 4 N00'1�4SECrwN LVE '48"E �tt E $ m
l $ 7 .63 ACRES +/- 30.00
f (TOTAL) tG t6 ygg`4132 E (TOTAL.) 2852.65' L
a 5891401260E 534821 N
N89`40'26"W 5348.09 j2w9l7 N89.41'320W TOTAL) 288141LwalSOUTH of w (TOTAU NORTH SOAa TRACT % NORTH
SO= TRACT I N.W. t/4 CYall
$Ei?tCld � L $Ecnom 2L TWP. t.2 w RGE 'AIWP. :54 N., RG[ "•51 F_
TWP. }?_ «, I L WEST SECTIM LM
FIM 99 E. INDIAN RMR FAR1.4 CA.
PLAT Of LAM AND P!AN FM SECTION 22
LAND DRAINAuM AN, RCIM
r•FSVATIONE Sn"41132"E
P.B. w PG. 25
TERL H GAW L 2868 .21 ' o
Rea arm o
r7
n
NDi����� DE
SEE 7AA 504'42'42"E
(TOTAU 526 —
589041'32"E AL
N89'4132"WIF
2681.41' 5271001420E to
� (TOTAL)mom CANAL R/W \ �
T.63 ACRES + /-
til V4 of 5891401260E
SECT ON f'2, TWP. '„,2 S., RGE MU E. ' 40.00'
900' 11157"W
Tit t6
SO4.42'42"E
5.2E to 21 N69'40'26`W
l F I�,Tou H wrnL P .0 .8 , '
N.T .S . ■ NOT TO SCALE W R/rMt 00'll'5T"E 89`4 '26 '
P.0.8. . POINT OF BEGIN104G 3x.001 5348.09'
P.O.C, " POINT OF COMMENCEMENT 527.00142
FIB, a PLAT BOOK 61 .63'
PG. . PAGE
RGE RANGE OSTM •91 - NTS.
R/ W " RIGHT-OF -WAY DETAL 'B' - N.TS.
TWP " TOWNSKF JOB NO.: A774 SHEET 2 OF 2
' CKQ: DIS QWG.: A7745D08
DATE: 05- iQ-05 BY: DOB
COIe05ITE EXHIBIT .
nD11
ARCPMIS BMW
E
Lawson , Noble &LANURNa Webb �, E Inca
420 cWurnbk Or, SuRs
West Palm Beach port 8L
/ d 0o • Vero Beach
LEGAL DESCRIPTION:
A CANAL RIGHT -OF-WAY BEING THE SOUTH 30 FEET
A PORTION OF TRA T 1E, TRACT 'at TRACT 3, AND
TOWNSHIP 32 SOUTH, RANGE 39 EAST,
TRACT 4, INDIAN RIVER FARMS CO. PLAT OF LANDS AND PLAN FOR DRAINAGE AND ROAD
RESERVATIONS RECORDED IN PLAT BOOK 2, PAGE 25,
PUBLIC RECORDS OF ST . LUCIE COUNTY NOW
LYING AND BEING IN INDIAN RIVER COUNTY , FLORDIA ALSO OWNSHIP 32 SOUTH, RANGE 5cA PORTION OF THE 3. EH 60 AS
FEET OF THE NORTHWEST ONE-QUARTER OF SECTION 22.
PIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULLARY DESCRIBED AS FOLLOWS:
0 EAST
COMMENCING AT THE NEOFF , SSECTION0211 A DISTAER OF NCE OF 000SECTION 1E EST TO A POINT ON THEE SOUTH , WEST LINE
ALONG THE NORTH LIN
OF SAID TRACT 4; THENCE, ALONG SAID WEST LINE, SOUTH 00' 11 57 WEST , A DISTANCE OF 30.00
FEET TOA POINTT ON A LINE 30 FEET SOUTH OF AND THE P INT OF BEGINNING. AND PARALLEL WITH THE SAID NORTH LINE OF
SAID
THENCE, FROM THE POINT OF BEGINNING, ALONG SAID PARALLEL LINE, SOUTH 89 '4026" EAST , A
ECTION 221 THENCE , ALONG
DISTANCE OF 5348.21 FEET TO A POINT A pISTANCE OFWEST 3 0 00 FEETOF SAID STO THE NORTHWEST CORNER
SAID WEST LINE, NORTH 00' 14'48" EAST ,
OF SAID SECTION 22; THENCE, ALONG THE NORTH LINE OF SAID SECTION 221 SOUTH 89 ' 41132" EAST ,
A DISTANCE OF 2852.65 FEET TO A POINT ON THE WEST LINE OF THE LATERL H CANAL ( 160.00
FOOT RIGHT - OF -WAY?; THENCE, ALONG SAID WEST # SOU . 3 FEET TO A POINT ON RANINE CE F
5 .26 FEET; THENCE SOUTH- 27"00' 42' EAST , A DISTANCE
FEET SOUTH OF , AND PARALLEL WITH THE SAID NORTH LINE OF SECTION 22; THENCE , ALONG SAID
PARALLEL LINE. NORTH 89041 '32" WEST , A DISTANCE OF 2BB1 .41 FEET TO A POINT ON A LINE 60
FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 21 ; THENCE. ALONG SAID
PARALLEL LINE, ,NORTH 89"40'2.6" WEST, A DISTANCE OF 5348009 FEET� TO� A POINT ON THE SAID
WEST LINE O'tFOT AHE 41 THENCEI ALONG OF BEGINNING SAID WEST LINE, NORTH 00" 11 57' EAST , A DISTANCE OF
30. 00
CONTAINING 332403 .36 SQUARE FEET OR 7 .63 ACRES, MORE OR LESS.
BEARING SHOWN HEREON H 89040126"EN THE NORTH LINE OF SAID SECTION 21 , SAID LINE IS
ASSUMED TO BEAR SO
CERTIFICATION:
I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE
PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS ,
CHAPTER 61G17 -61 FLORIDA
ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OAR S TRUE AND CORRECESSIONAL SURVEYORS 0 & HE
MAPPERS , PURSUANT TO SECTION 472.027 , FLORIDA STATUTES,
LESS IT BEARS THE SIGNATURE AND THE ORIGINAL
BEST OF MY KNOWLEDGE AND BELIEF. UN
RAI$ED SEAL
A OF A L FLORIDA
ICE EY SURVEYAND ISOR AND
MAI THIS DESCRIPTION AND SKETCH IS
FOR IN
T VALIDs
NOAPTE : THIS ISC NOT A , SKETCH OF SURVEY , BUT ONLY A
GRHIDEPICTION OF THE DESCRIPTION SHOWN HEREON.
THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT
PROPERTY , OR MONUMENTS SET IN CONNECTION WITH THE
DAVID L. SMITH, P .S.M PREPARATION OF THE INFORMATION SHOWN HEREON.
PROFESSIONAL SURVEYOR AND MAPPER NOTE : LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR
• FLORIDA REGISTRATION N0 . 4951 RESTRICTIONS , RIGHTS-OF - AJOB No DF 2
AND EASEMENTS OF CORD .
DATE DB- 18-OS
8Y: ODB CKD: OLS DWG : A7745D08