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HomeMy WebLinkAboutReport to Council on essential contract elements� P 0 4F OF PELICON �S City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 SUBJECT: GDC Negotiations Approved For Submittal By: City Manager EXPENDITURE REQUIRED: Agenda No. Vel - '2qc Dept. of Origin: City Manager Date Submitted: 02/19/91 For Agenda Of: 02/27/91 Exhibits: - Six (6) pages detailing "Essential Contract Elements", GDC - Liabilities and GDC - Assets AMOUNT BUDGETED: SUMMARY STATEMENT APPROPRIATION REQUIRED: At its Regular Workshop Meeting on 02/06/91, the City Council reviewed the status of negotiations with General Development Corporation ("GDC"). Since GDC's bankruptcy filing on April 6, 1990, GDC has breached its responsibilities and obligations under a contract between the City and GDC signed in 1979. I believe it to be in the best interest of the City to attempt to reach a written agreement with GDC, which would relieve GDC of its obligations and responsibilities of the 1979 agreement. Any such agreement would first be approved by the City and GDC and then submitted to a federal bankruptcy court for approval. In the event the City and GDC fail to reach an agreement and should the GDC bankruptcy revert from Chapter 11 (reorganization) to Chapter 7 (no assets - liquidation) the City may find itself in a precarious situation. The City of Sebastian, like all other GDC "Communities" is an unsecured creditor and as such has a lower priority than other GDC creditors. Should GDC's assets, including the property which houses drainage structures, be liquidated and sold at auction or by other means, the City in the future may need to acquire the 131 parcels of land in question at fair market value at the time of acquisition. Without a contract and should GDC be dissolved and its assets distributed to its creditors, the City could argue that it is not legally responsible to maintain "private" structures. However, I believe the property owners of Unit 16 and 17 would argue that they deserve the same level of services as taxpayers in Units 1 -15. t&A-90 Additionally, since GDC would have no "successor" certain drainage easements may revert back to the original grantors. Further, the City, by default, may end up maintaining drainage structures or street improvements within dedicated rights-of-way simply because there would be nowhere else for the property owners and residents to turn to. These "improvements" were constructed, in most cases, in rights-of-way dedicated to the public yet not accepted by the City for perpetual maintenance. At the Workshop Meeting of 02/06/91, there was concern expressed over a potential loss of tax revenues on property the City may wish to acquire from GDC as a part of any agreement. I have revised the exhibits attached to my previous report and include them for your information and consideration. On Exhibit "A", which I consider to be "Essential Contract Elements", I have calculated a value of the properties which I believe the City must have if we are to maintain certain street and drainage structures. I have used the same values as I have for the GDC list of assets. For residential building lots, I have assigned a value of $8,000. For "Park" property, I have assigned a value of $14,000 per acre and for "Commercial" property, I have assigned a value of $50,000 per acre. Using this formula, the total value of the "Essential Contract Elements" amounts to $1,317,560. I have also copied the GDC liability summary from Exhibit "B", which amounts to $4,460,200. Also, attached is a revision of Exhibit "C" which consists of a list of assets the City may wish to acquire. The total value, excluding the extension of "Fleming Street", is $3,674,000. The total City property tax of these parcels is $8,211.93. RECOMMENDED ACTION Review the City's position with respect to GDC and its responsibilities and obligations within the City. "ESSENTIAL CONTRACT ELEMENTS" EXHIBIT A - 1 VALUE 116 Residential Building Lots, Unit 17 SH @ $ 8,000 $ 928,000 - Tract 11011, Unit 17, SH 8.49 Ac. @ $14,000/Acre 118,860 - Tract "H", Unit 17, SH 3.76 Ac. @ $14,000/Acre 52,640 - Tract "X", Unit 17, SH .26 Ac. @ $14,000/Acre 3,500 EXHIBIT A - 2 Shiloh Youth Ranch Easement .83 Acre. @ $14,000/Acre 11,620 BSA Easement .86 Acre @ $14,000/Acres 12,040 EXHIBIT A - 3 - Tract "K", BLK 588, Unit 17 SH 2.84 Ac. @ $14,000/Acre 39,760 - Tract "M", BLK 599, Unit 17 SH 2.16 Ac. @ $14,000/Acre 30,240 - Tract "R", BLK 613, Unit 17 SH 2.84 Ac. @ $14,000/Acre 39,760 - Tract "S", BLK 616, Unit 17 SH 1.91 Ac. @ $14,000/Acre 26,740 EXHIBIT A - 4 Four (4) Residential Building Lots @ $8,000/Lot 32,000 EXHIBIT A- 5 - Tract "P", BLK 560, Unit 16 SH 1.60 Ac. @ $14,000/Acre 22,400 TOTAL VALUE $ 1,317,560 GENERAL DEVELOPMENT CORPORATION - LIABILITIES The following outline lists the obligations and liabilities of GDC under the terms of the 1979 Agreement. Additional detail is provided as "Exhibit B" and includes the following: B - 1 Mosby and Associates letter, dated 11/30/90: I. Unit 16 Street and Drainage $ 220,700 II. Unit 17 Street and Drainage 1,364,472 III. Elkam Waterway 1,531,250 IV. Wentworth Ditch 103,834 Sub -Total $ 3,220,256 Construction Contingency (10%) 322,000 Total $ 3,542,256 Rounded $ 3,542,200 B - 2 Mosby Letter Dated 12/05/90: Unit 16 Storm Water Retention $ 695,100 Lake (Collier Waterway) B - 3 Emergency Repairs to date $ 15,400 B - 4 Improperly Aligned Drainage $ 197,500 Ditches B - 5 Mosby Letter Dated, 1/31/91: Repair Englar Bridge over $ 10,000 Collier Waterway in Unit #16 GRAND TOTAL - ALL LIABILITIES $ 4,460,200 • L` GENERAL DEVELOPMENT CORPORATION - ASSETS The following is a summary of GDC property which, the City may wish to acquire. This summary shows an estimated value and actual City property tax value. VALUE PROPERTY TAX C - 1 One (1) Residential Lot - Barber $ 8,000 $ 28.73 Street Sports Complex C - 2 One (1) Residential Lot - Airport 8,000 65.65 Drive East C - 3 A Commercial Tract at the 365,500 442.07 Intersection of Barber & Tulip C - 5 Parcels in the portion of Unit 16 SH 378,140 895.46 which is platted yet not constructed. Total 27.01 + acres @ $14,000/acre C - 6 Schumann Lake Island in Unit 16, SH 215,320 1,005.55 and related tracts. Please note that Schumann "Lake" is a dedicated drain- age right-of-way. Total 15.38 acres @ $14,000 C - 7 These are parcels located in Unit 17 1,003,500 1,491.56 SH and designated "Commercial" or not "designated". Total 20.07 + acres @ $50,000/acre C - 8 This is a tract in Unit 13 which is 75,040 308.04 designated as "Commercial" by GDC but zoned RS -10. Total 5.36 acres @ $14,000 C - 9 Public Service ("PS") Tracts 1,620,500 3,974.87 outlined on "Exhibit C-911. Total of 115.75 acres @ $14,000/acre Total $ 3,674,000 $ 8,211.93 Revised: 2/14/91 "EXHIBIT C" Exhibit C - 1 Barber Street Sports Complex: Lot 4, Block 208, Unit 10 Lot valued @ $8,000 Exhibit C - Airport Drive East, Lot Lots valued @ $8,000 Exhibit C - 3 2, Block 12, Unit 1, SH Commercial Tract - Barber Street & Tulip All of Block 268, Unit 10, SH Approximately 7.31 acres - zoned Commercial Limited (CL) 7.31 Acres @ $50,000/acre is $365,500 Exhibit C - 4 Fleming Street Extended Also, see Mosby letter dated 1/23/91 marked "Exhibit C-4" 18 affected lots @ $4,000/lot is $72,000 PROPERTY TAX $ 28.73 i • ~ 442.07 Please note that this report does not indicate either "value" or "property tax" since these lots would be replatted which would not likely reduce the tax liability. Revised: 2/14/91 0 0 "EXHIBIT C" (Continued) Exhibit C - 5 The following tracts are in a portion of Unit 16, Sebastian Highlands, which is platted but no improvements (streets and drainage) have been constructed. SH - 16 Tract "C" - Blk 519 ("Civic") 3.01 + acres $ 99.78 SH - 16 Tract "K" - Blk 543 ("Park") 3.80 + acres 125.97 SH - 16 Tract "L" - Blk 549 ("Church") 4.18 + acres 138.58 SH - 16 Tract "D" - (No Blk #) ("Park") 2.38 + acres 78.91 SH - 16 Tract "E" - (No Blk #) ("Park") 2.38 + acres 78.91 SH - 16 Tract "F" - (No Blk #) ("Park") 2.40 + acres 79.56 SH - 16 Tract "G" - (No Blk #) ("Park") 2.21 + acres 73.26 SH - 16 Tract "H" - (No Blk #) ("Park") 2.19 + acres 72.61 SH - 16 Tract "J" - (No Blk #) ("Park") 4.46 + acres 147.88 TOTAL 27.01 ± Acres $ 895.46 Exhibit C - 6 Schumann Lake "Island". Also included: SH 16 - "Island" 13.36 + acres $ 442.91 SH 16 - Tract "R" - Blk 559 .36 + acres 140.92 SH 16 - Tract "S" - Blk 559 .71 + acres 287.17 SH 16 - Tract "T" - Blk 559 .95 + acres 134.55 TOTAL $1,005.55 15.38 ± Acres Exhibit C - 7 "Commercial" and other tracts in Unit 17, Sebastian Highlands SH 17 - Tract "L" - Blk 588 ("Commercial") 2.40 + acres 79.59 Zoned COR SH 17 - Tract "P" - Blk 602 ("Commercial" Zoned CL SH 17 - Tract "T" - Blk 606 - Schuman Waterway & Empress SH 17 - Tract "U" - Blk 597 - Schumann Waterway & Empress SH 17 - Tract "V" - Blk 599 - Schumann Waterway & Empress SH 17 - Tract "W" - Blk 595 - Schumann Waterway & Empress TOTAL Revised: 2/14/91 16.60 + acres 1,101.88 .18 ± acres 67.34 .27 ± acres 63.44 .34 ± acres 111.41 .28 ± acres 67.93 20.07 + Acres $ 1,491.56 0 • "EXHIBIT C" (Continued) Exhibit C - 8 SH 13 - Tract "C" - Blk 326 ("Commercial") Exhibit C - 9 Public Service ("PS") Tracts 5.36 + acres $ 308.04 SH 8 - Tract "C" - Blk 223 8.24 + acres 264.29 SH 8 - - Blk 193 1.90 + acres 62.99 SH 9 - Tract "A" - Blk 409 ("Utility") 2.37 + acres 85.48 SH 9 - Tract "A" - Blk 409 ("Park") .37 + acres 112.91 SH 10 - Tract "A" - Blk 211 2.49 + acres 82.55 SH 10 - Tract "B" - Blk 267 2.24 + acres 74.23 SH 10 - Tract "C" - Blk 264 1.15 + acres 38.16 SH 10 - - Blk 300 2.27 + acres 75.27 SH 11 - Tract "A" - Blk 282 1.68 + acres 55.71 SH 11 - Tract "B" - Blk 282 .37 + acres 54.28 SH 11 - Tract "C" - Blk 372 4.42 + acres 146.51 SH 11 - Tract "D" - (No Blk #) 3.81 + acres 126.30 SH 11 - Tract "E" - Blk 347 2.93 + acres 97.11 SH 13 - Tract "A" (Deep Swale) 3.99 + acres 132.28 SH 13 - Tract "B" (Swimming Hole) 10.08 + acres 278.46 SH 13 - Tract "D" (River) 14.07 + acres 388.70 SH 14 - Tract "B" - Blk 507 5.79 + acres 322.34 SH 15 - Tract "G" - Blk 488 4.62 + acres 153.14 SH 17 - Tract "A" - (No Blk #) 3.55 + acres 117.72 SH 17 - Tract "I" - Blk 570/574 33.73 + acres 1,118.13 SH 17 - Tract "N" - Blk 589 3.96 + acres 131.30 SH 17 - Tract "Q" - Blk 604 1.72 + acres 57.01 TOTAL 115.75 3,974.87 Acres $ Revised: 2/14/91 s 04� °� � P 0 40? P °c PELICAN �S City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 GDC Obligations d For Submittal By: City Manager EXPENDITURE REQUIRED: Agenda No. 6* ^-/ 0 Dept. of Origin: City Manager Date Submitted: 01/31/91 --s-r- - --- - For Agenda Of: 02/06/91 Exhibits: - McClary Memo Dated 1/29/91 with attachments AMOUNT BUDGETED: SUMMARY STATEMENT APPROPRIATION REQUIRED: On April 6, 1990, General Development Corporation ("GDC") filed for protection under Chapter 11 of the Federal Bankruptcy Laws. Since that date, GDC has not met its responsibilities and obligations pursuant to an agreement with the City signed in 1979. Since that time, the City has made emergency repairs in Sebastian Highland Units which have not yet been accepted. Recently, I met with officials of GDC to discuss a possible agreement which would relieve GDC of its obligations and responsibilities under the 1979 agreement. Such an agreement must be approved by the Federal Bankruptcy Court in addition to the approvals of the City Council and GDC. Given GDC's current status, it may be in the City's best interest to relieve GDC of its obligations in return for certain GDC assets within the City. The enclosed memorandum details GDC's obligations, essential contract elements and potential assets. At this time, the staff requests direction from the City Council before proceeding with future negotiations. RECOMMENDED ACTION Review the City's position with respect to GDC and its responsibilities and obligations within the City. s City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 M E M O R A N D U M DATE: January 29, 1991 TO: W. E. Conyers, Mayor & Sebastian City Council FROM: Robert S. McClary RE: General Development Corporation P P --------------------------------- On January 16, 1991, I met with officials of General Development Corporation ("GDC") to discuss a possible agreement between GDC and the City. Representing GDC at this meeting were:George Kulczycki, Ralph "Cap" Cain and Jack O'Neil. Representing the City were: Randy Mosby and Bruce Moia, who were the engineers that did the cost analysis of the GDC liabilities, and myself. The effect of an agreement would be to relieve GDC of its obligations under the terms of an agreement between the City and GDC in 1979. BACKGROUND On April 6, 1990, General Development Corporation filed for protection under Chapter 11 of the Federal Bankruptcy Laws. Since that date, GDC has been unable to meet its obligations under the terms of the 1979 agreement. That agreement outlined procedures for the City to accept infrastructure (streets and drainage structures) constructed by GDC and also required GDC to maintain certain improvements and to construct others. Since that time, the City, in order to protect the health, safety and welfare of its citizens, has made emergency repairs to street and drainage structures in Units 16 and 17, Sebastian Highlands. In order to assist GDC in its efforts to reorganize under Chapter 11, to continue to protect the public interest both short term and long term and to ensure that the City is properly compensated it would be prudent for the City to enter into an agreement with GDC. �6� 2 IC By relieving GDC of its obligations, the City would assume responsibility for the maintenance of infrastructure (streets and drainage) built to -date. However, it must be understood that the City is not assuming GDC's responsibilities under the 1979 agreement. (Example: GDC is required to construct certain seawalls along the Elkcam Waterway at an estimated cost of $1.2 million. The city may choose to construct the seawalls, or to install rip rap, or to do nothing.) The point is that the City of Sebastian is not a developer and must make no pretense that it is to assume GDC's civil liabilities, responsibilities, representations or promises. Under no circumstances is the City committing to construct streets or drainage structures in portions of Units 16 or 17 which are platted but not improved. ESSENTIAL CONTRACT ELEMENTS In order for the City to properly maintain street and drainage structures constructed by GDC, we must have the necessary property rights to the real property containing these improvements. Generally, the filing of a subdivision plat would provide the proper public dedication of easements and rights-of- way for street and drainage facilities. However, through the years GDC has converted residential lots, "park" tracts and other parcels from their intended use to house drainage structures. In most cases, this was done in order for GDC to meet it's permitting requirements for storm water management. The parcels listed on "Exhibit All must be conveyed to the City if we are to maintain the retention ponds or other drainage structures located on this property. Further, the conveyance of this property should not be considered "assets", since they are an intricate part of the drainage systems. Included with "Exhibit All are the following: A - 1 List of 116 residential building lots and 3 "tracts" converted to drainage parcels in Unit 17. Please note that Tract "H", Block 574 and Tract "O", Block 593 are "designated" parks. A - 2 McClary Letter to GDC, dated 01/07/91, requesting easement assignments for drainage easements granted by Shiloh Youth Ranch, Inc. and Gulf Stream Council, Inc., Boy Scouts of America. A - 3 List of parcels in Unit 17 converted to drainage use. (Not included in McClary letter dated 11/30/90) Please note that these tracts are "designated" parks. A - 4 Lots necessary for access to a drainage control structure ( an earthen dam) on the Elkam Waterway. A - 5 A Unit 16 tract converted to drainage. Please note that this tract is a "designated" park. 2 Additionally, GA must deed the remaininAarcels for Hardee Park. This should not be considered as an "asset" since this is a "dedicated" park and GDC simply failed to convey this parcel prior to filing for bankruptcy. There is a difference between "dedicated" and "designated" park tracts. GENERAL DEVELOPMENT CORPORATION - LIABILITIES The following outline lists the obligations and liabilities of GDC under the terms of the 1979 Agreement. Additional detail is provided as "Exhibit B" and includes the following: B - 1 Mosby and Associates letter, dated 11/30/90: I. Unit 16 Street and Drainage $ 220,700 II. Unit 17 Street and Drainage 1,364,472 III. Elkam Waterway 1,531,250 IV. Wentworth Ditch 103,834 Sub -Total $ 3,220,256 Construction Contingency (10%) 322,000 Total $ 3,542,256 Rounded $ 3,542,200 B - 2 Mosby Letter Dated 12/05/90: Unit 16 Storm Water Retention $ 695,100 Lake (Collier Waterway) B - 3 Emergency Repairs to date $ 15,400 B - 4 Improperly Aligned Drainage $ 197,500 Ditches B - 5 Mosby Letter Dated, 1/31/91: Repair Englar Bridge over $ 10,000 Collier Waterway in Unit #16 GRAND TOTAL - ALL LIABILITIES $ 4,460,200 3 In exchange for relieving GDC of its liabilities and obligations as outlined above, the City may wish to acquire some of the following real properties: These properties may be further detailed on "Exhibit C". C - 1 One (1) Residential Lot - Barber $ 8,000 Street Sports Complex C - 2 Two (2) Residential Lots - Airport Drive East 16,000 C - 3 A Commercial Tract at the 365,500 Intersection of Barber & Tulip C - 4 Mosby Letter of 1/23/91 - Fleming 72,000 Street Extended to S. Easy Street (Replat portions of Unit 16 SFi - affecting eighteen (18) residential lots @ $4,000 C - 5 Parcels in the portion of Unit 16 SH 380,100 which is platted yet not constructed. Total 27.15 ± acres @ $14,000/acre C - 6 Schumann Lake Island in Unit 16, SH 215,320 and related tracts. Please note that Schumann "Lake" is a dedicated drain- age right-of-way. Total 15.38 acres @ $14,000 C - 7 These are parcels located in Unit 17 974,500 SH and designated "Commercial" or not "designated". Total 19.49 ± acres @ $50,000/acre C - 8 This is a tract in Unit 13 which is 75,040 designated as "Commercial" by GDC but zoned RS -10. Total 5.36 acres @ $14,000 C - 9 Public Service ("PS") Tracts 1,579,340 outlined on "Exhibit C-911. Total of 112.81 acres @ $14,000/acre Sub - Total $ 3,685,800 Cash 744,400 GRAND TOTAL ASSETS $ 4,460,200 4 "EXHIBIT A" Exhibit A - 1 Unit # Block Lot No.'s 11 555 10 to 15 11 386 2 to 7 16 545 12 to 17 16 612 10 & 11 17 449 1 to 11 17 451 1 to 4 17 462 11 to 12 17 570 4 to 19 17 578 1 to 16 & 19 and 20 17 579 12 to 14 & 19, 20 & 21 17 580 1 to 3 & 19 & 19 17 582 6 to 11 & 18 to 23 17 584 13 to 16 17 586 6, 7, & 8; & 19, 10 & 21 17 589 4 & 5 17 596 12 to 15, & 18 to 22 17 598 14 to 17 Total number of residential lots converted to drainage: 116 Also included are three (3) parcels, Tract "O", "H" (park site), and "X". 9oa90 0 bF pELItA� � City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 January 7, 1991 Mr. George Kulczycki Director of Community Operations General Development Corporation 5240 Babcock, NE f202 Palm Bay, FL 32905 Re: Drainage Easements Dear George: Enclosed are photo copies of two (2) easements granted to General Development Corporation for drainage purposes. One of easements is from Shiloh Youth Ranch, Inc., and the other is from the Gulf Stream Council, Inc., Boy Scouts of America. It appears that this property is necessary for the proper operation and maintenance of much of the drainage system for the Sebastian Highlands. It would seem logical, since most of the drainage improvements were accepted for perpetual maintenance by the City pursuant to the 1979 agreement with General Development Corporation, that these easements should be assigned to the City of Sebastian. Therefore, I shall appreciate you initiating action to have the proper legal instruments written to effect an assignment of these two (2) easements. I look forward to hearing from you in the near future. Should you have questions, will you please call? Sincerely, Robert S. McClary City Manager RSM/jmt GRANT OF EASEMENT THIS INDENTURE, -made this ,2.� day of .✓1 lve A.D. 1977, between SHILOH YOUTH RANCH, INC. .a Florida Corporation, as the First Party, and GENERAL DEVELOPMENT CORPORATION, a Delaware Corporation, as the Second Party. WITNESSETH: That the First Party in consideration of the sum of �- one Dollar and other valuable consideration to it in hand paid,, the receipt of which is hbreby acknowledged, does hereby'grant, bargain, and sell unto the Second Party, its successors and assigns, a perpetual drainage easement over the following described property, commencing on the date.of execution hereof, for the purpose of constructing, using and maintaining a drainage outfall and other allied uses pertaining thereto, together with` i full right of ingress and egress thereto.to'construct, maintain, -repair, and do everything necessary in the construction and -maintenance of said outfall. The land which is - the-subjeet--matter--Qt-tt tT-easemene--- is-located in the County of Indian River, State of Plorida, and is more particulazly•described as follows: South 30' of the NW o 1/4 -1t- of the NE 1/4 C.of Section 14, Township 31 South, Range i on_� N 38 East, Westerly of the Westerly Right of Way line of Roseland Road,. all in said County of Indian River and State of• Florida.. . TO HAVE AND•TO HOLD said easement UnEd.•SMCOnd Party, its successors and assigns forever. For -the consideration -aforesaid, First Party hereby agrees to indemnify Second Party, its successors and assigns, from all claims for damage, if any, arising from or growing out -_ � ST:� i E of i==LQ;=ilC7,�� � -�, '-?�_: �.�--, •�, i•��'' r,_t:. •af -- ,,, SUIR ;tf . = t: `.P1. 0i f1EY_ILJE :.y` �•. .' .� n •'.•^ '"' ``, i ` 1 '- yv PA ,s o rirrr�.� t•; leux ,554 of such cot -ruction . and/or maintenance to the lands, if any, owcned by First Party, its successors and assigns lying adjacent or contiguous to the lands hereinabove described. In the event of abandonment by Second Party, its successors and assign, of the above-describCd property as -a drainage outfall, the easement rights hereby granted shall cease and revert to the First Party, free and clear of any 'right, title or interest of the Second Party. The First Party does hereby covenant with the Second Party, its successors and asaigns,.that it is lawfully seized and possessed of the lands above dgscribed, and that it has a good and lawful right to convey it, or any pact thereof. IM i;ITNESS WHEREOF, the party of the First Part has caused these presents to be duly.executdd in its name by its President and its corporate seal to be hereto affixed, attested by its Secretary, on the day and year first above written. Signed, sealed and delivered SHILOH YOUTH RANCH, INC. in t_h presence of BY: res dent 7 Attest: P-__ __ Secretary (CQrpoiaf4'.Solr: • STATE OF FLORIDA ) r J • o COUNTY OF INDIAN RIVER - •. it ( �� •. � •` -B ore me, a un a s• d authori�y� this d ��22 ego 21y appeared l .—and Y _ ��� to me wel loan nowt o me to= a theiinaividu s es cr ed in and who a cu ted for as President and Secretary, respectively, of the Corporation named in tho'f6t' hg i,,trumeta and they severally acknowledged to and before ma that they executed said instrument on behalf of and in the name of said corporation as such officers; that the seal affixed to said instrument is the cirporate seal of said corporation and that it was affixed thereto by due and regular corporate authority; that they-'Mke duly•authorized-- by said corporation to execute said instrument and that said instrument is the free act and deed of said corporation. IN WITNESS WHEREOF I have hereu to set Iny hand and affixed my official seal this ?q ZPUBLIC, A.D.1977. My Commission Expires: NOTAAT LARGE NOuit ►V•n' fir.•. •+r "C"nA At IAto# to MY CoAk"MSK}+ WM-"l JMT 70, 1077 lei ' riAt nAnry r;!4+o�h r 91 "LGbi J LIIUSEN, Cmporare Counaal General Deyelopmenl Corpoialioq r� _-j :l GRANT OF EASEMENT' 11111 S.baythoreDAW v q' . ,Allan,) Florida131 P r THIS INDENTURE made this day of St f--T,.�t ���_,L 1918 . 30 between GULF STREAM COUNCIL, INC. BOY SCOUTS OF AMERICA, a Florida corpora- tion as the First Party, and GENERAL DEVELOPMENT CORPORATION, a Delaware Corporation, as the Second Party. WITNESSETH: That the First Party in consideration of the sum of One Dollar and other valuable consideration to it in hand paid,-the`re.celpt of which is hereby acknowledged, does hereby grant, bargain and sell unto the Second Party, its successors and assigns, a perpetual drainage easement over the following described property commencing on ,the date of execution hereof, for the purpose of constructing, using and maintaining a drainage outfall and others -allied uses pertaining thereto, together with full right of Ingress and egress thereto to construct, maintain, repair and do anything necessary in the construction and maintenance of said outfall. The land which is the subject matter of this easement is located in the County of Indian River, State of Florida, and Is more particularly• described as follows: - BEGINNING at a point IS' more or less North of the Southwest corner` ' of the N41 # of the NE of Section 14, Township 31 South, Ranget: 38 East where the existing drainage ditch on the SHILOH YOUTH RANC14 flows Into the existing slough, ditch or water course which meanders through the property of GULF STREAM COUNCIL, INC., BOY SCOUTS OF AMERICA to the South Prong of the SEBASTIAN RIVER (Sebastian River Drainage District Easement). II�III11 Said drainage easement follows the said existing slough, ditch or u7 en water course as it meanders from the SHILOH YOUTH RANCH property to where it C; d flows into the South Prong of the SEBASTIAN RIVER. 111 This is a non-exclusive easement and it is understood and agreed between the parties hereto that the drains ~ �= e g tans) wi) l' b!•• t:bnstrucled at the expense of Second Party, and that all expenses pertaining+to the cost of this __J drainage area will be borne by Second Party and that the same shall serve as s ZEE drainage for the remainder of the property through which this easement runs. 1 U Reserving however, unto First Party the right to have access ih crossing this stn drainage area at any and all times with the proviso that Second Party shall - ST TAST of F LQRIDA I r U9C 101ENIAQY D!rl.orREY[riUE� .':STAM--MP TAXI f Inti-1hPitt nr not be obligated to construct or maintain any crossing facilities. TO HAVE AND TO HOLD said easement unto the Second Party, Its successors and assigns forever. For the consideration aforesaid, Second Party hereby agrees to indemnify First Party, its successors and assigns, from all claims for damage, If any, arising from or growing out of such construction and/or maintenance to the lands, if any, owned by First Party, its successors and assigns lying adjacent or.contiguous to the lands hereinabove described -- --- In the event of abandonment by Second Party, Its successors and I •assigns, of the above described property as a drainage outfall, the easement' rights hereby granted shall cease and revert to the First Party,. free and clear of any right, title or interest of the Second Party. The First Party does hereby covenant with the Second Party, its successors and assigns, that It is lawfully sei2ed and possessed of the lands above described, and that it has a good and lawful right to convey it, or any part thereof. IN WITNESS WHEREOF, the party of the First Part has caused these presents to be. duly executed in its name by its President and its corporate seal to be hereto affixed, attested by Its Secretary, on the day and yea r first above written. Signed, Sealed and Delivered in the presence of: .lP STATE OF FLORIDA ) SS: County of GULF STREAM COUNCIL, INC., BOY SCOUTS OF AMERICA ATTEST: HEREBY CERTIFY that before me, personally appeared Charles W. Potter and Bob Somers the President and Secretary respectively of Gulf Stream Council, Inc. Boy Scouts of America, a Florida corporation, to me known to be the persons described in and who executed the foregoing instrument cti' and they acknowledged the execution thereof to be their tree act and deed as r such officers, for the uses and purposes therein mentioned,, and that they ...o affixed thereto the official seal of said corporation and that said instrument ez�l is the act and deed of said corporatioq. ... ....... IN WITNESS WHEREOF. I have hereunto sdt my .hsln;i and official seal at :cam '_'zCrJ, �.1.� I� ;, Sta.te pf Florjiiabis o?L• '/1 day r If --11--!W 'W 1978. u': My Commission, ExpJres: 46 • "EXHIBIT All • Exhibit A - 3 Other Unit 17 lots converted to drainage. It may be necessary for GDU to retain an easement on a portion of these tracts. Tract "K" - BLk 588, Unit 17, Sebastian Highlands Tract "M" - Blk 599, it it of It Tract "R" - Blk 6130, of It of go Tract "S" - Blk 616, it " to if Exhibit A- 4 Access to Elkam Dam Lots 11, & 12, Blk 365, Unit 4, Sebastian Highlands Lots 16, & 17, Blk 354, Unit 11, Sebastian Highlands Exhibit A - 5 Unit 16 tract converted to drainage. It may be necessary for GDU to retain an easement on a portion of this tract. Tract "P" - Blk 560, Unit 16, Sebastian Highlands I�L_LLIVL_LJULU U .j IjJU OSBY AND ASSOCIATES, IN(* "Exhibit B - 1" CONSULIWIC f WANEERS 1507 20tH STREET P.O. BOX 6366 VERO BEACH, FLORIDA 32961 407-569 0035 November 30, 1990 Mr. Robert S. McClary City Manager City of Sebastian Post Office Box 127 Sebastian, Florida 32978-0127 Subject: Sebastian Highlands Units 16 and 17 Sebastian, Florida Engineer's Project No. 90-999 Dear Mr. McClary: As requested, we have completed our on-site inspection and review of the existing roadway and drainage conditions of Units 16 and 17 of the Sebastian Highlands. The purpose of our inspection was to determine the extent of the deteriorated roadways and drainage and to develop a cost estimate for the repair or replacement of the roadways and drainage structures. our inspection included the following items: I. Unit 16 a. Inspection of the existing roadways. b. Inspection of the existing roadway curb and gutters. C. Inspection of the existing drainage ditches. d. General inspection of the existing drainage culverts and structures. II. Unit 17 a. Inspection of the existing roadways. An inspection of the newly completed portion of Unit 17, located In the southeast section of Unit 17, was not com- pleted. Mr. RoberL S. McClary November 30, 1990 • Page 2 0 b. Inspection of the existing roadway swales. C. Inspection of the existing drainage ditches. d. Inspection of the existing drainage culverts and structures. III. Elkcam Waterway We performed a general inspection of the Elkcam Waterway to determine the extent of the seawall that has not been constructed to the west of the Sebastian Highlands. We have provided an estimate of the construction of Elkcam Waterway drainage control structure. Since we have not been provided with construction details of the drainage overflow structure, the construction cost estimate is sub- ject to change. IV. Wentworth Street Drainage Ditch It is our understanding that the Wentworth Street drainage ditch has been constructed in the wrong location. We inspected the ditch to determine what would be required to relocate the ditch and the cost of the Improvements. It should be noted that no inspections were performed in the areas where the roads have not been constructed. We have previously submitted, to your office, the following documents detailing the findings of our on-site Inspections: 1. Three (3) copies of drawing Sheet 1 of 3 detailing the lo- cation of the existing drainage culverts and structures, within Unit 16 and the older portions of Unit 17. 2. Three (3) copies of drawing sheet 2 of 3 and 3 of 3 detailing the location of where our construction photo- graphs were taken and a listing of what the photograph depicts for Unit 16 and Unit 17 respectively. 3. One (1) set of four (4) aerials of Units 16 and 17 in which we have noted the drainage ditches which require Improvements. 4. An album of photographs taken during our on-site inspec- tion. Mr. Robert S. McC) ry November 30, 1990 Page 3 0 The following is a generalization of our findings: I. Unit 16 The overall condition of Unit 16 is fairly good. All the roadways require resurfacing with at least ine Inch (111) of asphalt. There are some locations which require repair to the base and subgrade. Since the drainage collection system consists of curb and gutter and drop inlets, we were unable to determine the condition of the underground culvert pipes. All the curb and gutter requires cleaning and removal of weeds. All drainage ditches require cleaning out. II. Unit 17 We recommend that all the streets, roadway swales and drainage structures be replaced and regraded within the older portion of Unit 17, south of Elkcan Waterway. The ror.dways of the portion of Unit 17, north of Elkcan Water- way are constructed with curb and gutter and are in fairly good shape. We have not included the entire replacement of the drainage culverts in our cost estimate for this portion of Unit 17 except for the drainage structures that need immediate repair. The following is a list of the streets, along with their lengths that were inspected. 7'he streets and their lengths were provided by the City of Sebastian In a memo from Mr. Dave Fisher dated January 31, 1990. The pipes' lengths and sizes, outlined in the following cost estimate, are based on our on-site inspection. Unit 16 Old Existing Streets Englar Avenue 7,500' Kildare Drive 3,000' Harris Drive 3,000' LaPlaya Lane 1,500' Indian Avenue 600' Ala Meda Avenue 1,000' Cardinal Drive 1,400' High Court 1,000' Conover Avenue 1,000' Ogden Avenue 1,000' Total...........................................21,000 LF Mr. Robert S. Mcgary November 30, 199W Page 4 Unit 17 Old Existing Streets Barber Street 21300' Schumann Drive 8,500' Filbert Street 3,900' Hinchman 2,050' Nebraska Circle 2,550' Friar Court 1,750' Bryant Court 800' Melton Avenue 1,550' Lancaster Street 1,000' Karrlgan Street 1,000' Larchmont Terrace 3,550' Landover Drive 1,000' Redgrave Drive 1,200' Joy Haven 200' Curtis 850' Thunderbird Drive 1,150' S. East Street (Curb & Gutter) 1,400' Caprona Street (Curb & Gutter) 2,600' Empress Avenue (Curb & Gutter) 1,900' Marsh Street (Curb & Gutter) 800' Dahl Avenue (Curb & Gutter) 1,400' Ormand Court (Curb & Gutter) 1,000' Capri Avenue (Curb & Gutter) 2,100' Englar Drive (600' Curb & Gutter) 2,000' Osceola (Curb & Gutter) 800' Aetna Street (Curb & Gutter) 1,000' Admiral Circle (Curb & Gutter) 11900' Flint Street (Curb & Gutter) 700' Lance Street (Curb & Gutter) 200' Mabry Street (Curb & Gutter) 3,330' Crawford Drive (Curb & Gutter) 2,300' Spring Valley Avenue (Curb & Gutter) 1,700' Total...........................................58,480 LF 11.08 Miles Mr. Robert S. Mcclary • November 30, 1990. Page 5 The following is the cost estimate for the repair and reconstruction of the roadways and drainage structures within Units 16 and 17. It should be noted that a cost contingency,will be added to this cost estimate since a very detailed topographic survey of the existing roadways and drainage swales was not provided to determine the actual extent of the deteriorated drainage roadway swale. Since there are so many problems within the Sebastian Highlands, it could be determined with a detailed analysis that the entire drainage system may require reconstruction. Also, it should be noted that the existing pipes consist of corrugated metal pipe which is not acceptable by today's standards. Our cost estimate is based on the replacement of the culverts with corrugated aluminum pipe. Preliminary Cost Estimate Item Quantity Unit Cost Cost I. Unit 16 1 . Resurface the Existing Roadways 21,000 LF 2. Repair & Clean Curb & Gutter 42,000 LF 3. Improve Existing $ 7.00/ft $ 147,000 $ 1.00/ft $ Drainage Ditches 31340 LF $ 5.00/ft $ 4. Replace Curb Inlets 3 Ea. $ 5,000/Ea. $ Sub -Total ...........................................$ 42,000 16,700 151000 220,700 II. Unit 17 1. Roadway Replacement w/Swales 34,750 LF $ 16.00/ft $ 556,000 2. Roadway Resurfacing w/Curb & Gutter 23,730 LF $ 7.00/ft $ 166,110 3. Remove Existing Roadway 34,750 LF $ 3.00/ft $ 104,250 Mr. Robert S. Mcc' ary • November 30, 199 Page 6 Item Quantity Unit Cost 4. Drainage Culverts a. 15110 CAP 15 LF $ 19.00/LF $ 285 b. 18110 CAP 749 LF $ 23.00/LF $ 17,227 c. 21110 CAP 135 LF $ 26.00/LF $ 3,510 d. 24110 CAP 374 LF $ 30.00/LF $ 11,220 e. 48110 CAP 68 LF $ 97.00/LF $ 6,596 f. 54110 CAP 51 LF $ 110.00/LF $ 5,610 g. 28" x 20" CAP 62 LF $ 40.00/LF $ 2,480 5. Remove Existing Culverts 1,454 LF $ 6.00/LF $ 8,724 6. Concrete Headwalls a. 15110 CAP 2 Ea. $ 500.00/Ea. $ 1,000 b. 18110 CAP 36 Ea. $1000.00/Ea. $ 36,000 c. 21110 CAP 2 Ea. $1800.00/Ea. $ 3,600 d. 24110 CAP 14 Ea. $2000.00/Ea. $ 28,000 e. 48110 CAP 2 Ea. $4500.00/Ea. $ 9,000 f. 54110 CAP 2 Ea. $5500.00/Ea. $ 11,000 g. Double 18110 CAP 4 Ea. $1800.00/Ea. $ 7,200 h. 17" x 13110 CAP 9 Ea. $1600.00/Ea. $ 14,400 1. 21" x 15110 CAP 3 Ea. $1800.00/Ea. $ 5,400 7. Dispose of Existing Concrete Headwalls 1 LS $ 50,000/Ea. $ 50,000 B. Regrade Roadway Swales 69,500 LF $ 3.00/ft $ 208,500 9. Improve Existing Drainage Ditches 12,180 LF $ 5.00/ft $ 60,900 1O.Repair & Clean Curb & Gutter 47,460 LF $ 1.00/ft $ 47,460 Sub-Total...........................................$1,364,472 III. Elkcam Waterway 1. Complete Seawall 91850 LF $ 125.00/ft $1,231,250 2. Drainage Control Structure 1 Ea. $300,000/Ea. $ 300,000 Sub-Total...........................................$1,531,250 Mr. Robert S. Hcqftry November 30, 1990W Page 7 Item IV. Wentworth Drainage Ditch 1. Fill Existing Ditch 2. Reconstruct New Quantity 0 Unit 12,963 Cu.Yd. $ Cost 9.00/CY $ 58,334 Drainage Ditch 13,000 Cu.Yd. $ 3.50/CY $ 45,500 Sub -Total ...........................................$ 103,834 Sub -Total Items I, II, III & IV .....................$3,220,256 Construction Contingency (10%) ......................$ 322,000 Total Cost..........................................$3,542,256 Roadway replacement includes new asphalt and coquina base. The existing soil cement base is proposed to be used for the required stabilized subgrade. The herein cost estimate is based on a limited amount of time in the field. During construction, as items are uncovered, additional required improvements may be discovered. The unit costs for pavement replacement does not Include fill nor new subgrade construction. We are available to meet and discuss any aspect of this report at your earliest convenience. Sjr/ ou require further information, please call. Vu t i Randyk Mosby, E. RLM:bes cc enc. "Exhibit B - 2" •MOSBY AND ASSOCIATES, INC. CONSULTING ENGINEERS 1507 20TF-I STREET P.O. BOX 6368 VERO BEACH, FLORIDA 32961 407-569-0035 December 5, 1990 Mr. Robert S. McClary City Manager City of Sebastian Post Office Box 127 Sebastian, Florida 32978-0127 Subject: Collier Creek - Unit 11 General Development Corporation Sebastian, Florida Engineer's Project No. 90-101K Dear Mr. McClary: Enclosed is a copy of an aerial of the southern portion of Unit 16 and the northern portion of Unit 11. As part of th consttuc- tion drawings, for Unit 11, a stormwater managment lake was to be constructed as part of Collier Creek construction in tate area Just north of Caravan Street. The enclosed aerial delineates the area of the original designed lake which has not been constructed as part of the original construction of Unit 11. In order to complete the construction of the lake as designed, we estimate the construction cost to be as follows: 1. Clearing and Grubbing 6.7 Acres $3,000/Ac. = $ 20,100.00 2. Excavation 125,000/C.Y. $ 5.UU/C.Y. = $625,000.U0 3. Slope Stabilization & Littoral Zone Planting 1 L3 = $_501000.00 Total...........................................$695,100.00 Oft. Robert S. McClary Uecemmber 5, 199 Page 2 Should you require rt 6r information, please call. Ver t ul o , G7 ;� R. dy U. 0 4by, E. RLM:bes cc enc. • P City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 EMERGENCY REPAIRS UNITS 16 & 17 Billed to GDC Date: Description of Repairs Amount Billed & Outstanding 7/7/90 Drainage repair at 112 Kildare Dr. $1,333.04 7/23/90 Culverts over Schumann Waterway 42.50 7/27/90 Emergency Signage in unit 17 418.25 8/28/90 Aquatic weed control- Collier Waterway 1,075.00 9/14/9Q Mowing unit 16 & part of unit 17 2,000.00 9/20/90 Road shoulder repair - Englar 194.00 9/20/90 Weed control - Cl- Canal/Collier 675.00 9/24/90 Unit 16 - Bush hogging ditches 1,450.00 10/12/90 Unit 17 - mowing 1,625.00 10/23/90 Weed control- Cl Canal/Collier 675.00 11/1/90 Wood removal/ Lot 1 Block 364 unit 11 418.96 11/1/10 Pothole repair Kildare & Schumann 22.17 11/20/90 Weed control - Cl Canal/Collier 675.00 as of 12-3-90 $10,603.92 12/19/91 Mosby & Assoc./road drainage 3,300.00 12/20/91 Weed control - Cl Canal/Collier 675.00 1/10/91 Drainage work - Summer & George 150.00 1/15/91 Weed control - Cl Canal/Collier 675.00 as of 12-3-91 $15,403.92 96X90 • 0 "EXHIBIT B" Exhibit B - 4 Improperly Aligned Ditches: Estimate 25 Ditches in thirteen (13) Units. (Excluded here are Units 7, 12, 16 & 17 and "Wentworth" ditch) 13/Units times 25/Units times $600/ditch Other Units• Unit 7 - (Schumann, RR to US #1) no misaligned ditches. Unit 12 - (Commercial Property along CR 512) major misalignment Units 16, 17 and "Wentworth" ditch covered in Mosby Report. $ 195,000 2,500 TOTAL ---------------- $ 197,500 OMOSBY AND ASSbCIATES, INC` "Exhibit B - 5" tu(4;vL IINU LW.PNLLq'; 1 bO7 20111 Sl NEE1 Y.0 HUx VERU BEACH. f: LORA )A 40/-.,69 UCS"{t, January 31, 1991 Mr. Robey:t S. McClazy Cily Manage,) - City of Sebastian Past Office Box 127 Sebastian, Florida 329'1£3-0127 Subject: Sebastian Highlands Sebastian, Florida Engineer's Project No. 90-443 Oear. Mr. McClary: As a follow-up to our letter dated January 15), 1991, regarding the five (5) existing bridges within the Sebastian Highlands, the east approach of the bridge on Unglar Avenue over the Collier Waterway has seven (7) erosion problems on the east approach. In our letter we recommended the area behind the east abutment be concrete pressure grouted. Based on our past experiences it is estimated that this work would cost approximately $10,000.00. 11his is an estimate and could possibly be more not knowing the extent of the erosion behind the abutment. Should_you reqg her Ver. �t u y udy osby RLMibcs cc information, please call. "EXHIBIT C" Exhibit C - 1 Barber Street Sports Complex: Lot 4, Block 208, Unit 10 Lot valued @ $8,000 Exhibit C - 2 Airport Drive East, Lots 2 & 3, Block 12, Unit 1, SH 2 Lots valued @ $8,000 for $16,000 Exhibit C - 3 Commercial Tract - Barber Street & Tulip All of Block 268, Unit 10, SH Approximately 7.31 acres - zoned Commercial Limited (CL) 7.31 Acres @ $50,000/acre is $365,500 Exhibit C - 4 Fleming Street Extended Also, see Mosby letter dated 1/23/91 marked "Exhibit C-4" 18 affected lots @ $4,000/lot is $72,000 "Exhibit C - 4" • MOSBY AND ASSOCIATES, INC. CONSULTING ENGINEERS January 23, 1991 Mr. Robert S. McClary City Manager City of Sebastian Post Office Box 127 Sebastian, Florida 32978-0127 Subject: Fleming Street Extension Through Unit 16 Sebastian, Florida Engineer's Project No. 90-449 Dear Mr. McClary: 1507 20TH STREET P.O. BOX 6366 VERO BEACH, FLORIDA 32961 407-569-0035 As requested, attached is a sketch of the proposed Fleming Street Extension from the east property line of Chesser's Gap to the unconstructed South Easy Street within Unit 16 of the Sebastian Highlands. The attached sketch delinates the lots that will be required from Unit 16 In order to construct this segment of the Fleming Street Extension. It should be noted that the existing right-of-ways within the platted section of Unit 16 are only fifty feet (501), where as the Fleming Street Extension will require an eighty foot (801) right-of-way necessitating the City to acquire additional lots. Based on the attached sketch the following platted lots, within this section of the unconstructed portion of Unit 16, will need to be required for the construction of this portion of the Fleming Street Extension, they are as follows: Block 510 Lot s 11, 12, 14, 15, 16 and 17 Block 511 Lots 1 and 26 Block 512 Lot 23 Block 513 Lots 23,24 and 25 Block 514 Lots 15,16 and 17 Block 515 Lots 16016 and 17 Should you require further information, please call. Very truly yours 9 Rani dyMosby, P.E. 4 RLM:be� / cc "EXHIBIT C" (Continued) Exhibit C - 5 The following tracts are in a portion of Unit 16, Sebastian Highlands, which is platted but no improvements (streets and drainage) have been constructed. SH - 16 Tract "C" - Blk 519 16 - ("Civic") 3.01 + acres SH - 16 Tract "K" - Blk 543 Tract "T" - Blk 559 ("Park") 3.80 + acres SH - 16 Tract "L" - Blk 549 .18 ("Church") 4.32 + acres SH - 16 Tract "D" - (No Blk #) ("Park") 2.38 + acres SH - 16 Tract "E" - (No Blk #) ("Park") 2.38 + acres SH - 16 Tract "F" - (No Blk #) ("Park") 2.40 + acres SH - 16 Tract "G" - (No Blk #) ("Park") 2.21 + acres SH - 16 Tract "H" - (No Blk #) ("Park") 2.19 + acres SH - 16 Tract "J" - (No Blk #) ("Park") 4.46 + acres TOTAL 27.15 + Acres Exhibit C - 6 Schumann Lake "Island". Also included: SH 16 - "Island" 13.36 + acres SH 16 - Tract "R" - Blk 559 .36 + acres SH 16 - Tract "S" - Blk 559 .71 + acres SH 16 - Tract "T" - Blk 559 .95 + acres TOTAL 15.38 ± Acres Exhibit C - 7 "Commercial" and other tracts in Unit 17, Sebastian Highlands SH 17 - Tract "L" - Blk 588 ("Commercial") Zoned COR 1.82 + acres SH 17 - Tract "P" - Blk 602 ("Commercial") Zoned CL 16.60 + acres SH 17 - Tract "T" - Blk 606 Schuman Waterway & Empress .18 + acres SH 17 - Tract "U" - Blk 597 Schuman Waterway & Empress .27 ± acres SH 17 - Tract "V" - Blk 599 Schuman Waterway & Empress .34 + acres SH 17 - Tract "W" - Blk 595 Schuman Waterway & Empress .28 + acres TOTAL xhibit C - 19.49 + Acres SH 13 - Tract "C" - Blk 326 ("Commercial") 5.36 + acres �6121L) "EXHIBIT C" (Continued) Exhibit C - 9 Public Service ("PS") Tracts SH 8 - Tract "C" - Blk 223 SH 8 - ± acres - Blk 193 SH 9 - Tract "A" - Blk 409 ("Utility) SH 9 - Tract "A" - Blk 409 ("Park") SH 10 - Tract "A" - Blk 211 SH 10 - Block "B" - Blk 287 SH 10 - Tract "C" - Blk 264 SH 10 - ± acres - Blk 300 SH 11 - Tract "A" - Blk 287 SH 11 - Tract "B" - Blk 282 SH 11 - Tract "C" - Blk 372 SH 11 - Tract "D" - (No Blk #) SH 11 - Tract "E" - Blk 347 SH 13 - Tract "A" (Deep Swale) SH 13 - Tract "B" (Swimming Hole) SH 13 - Tract "D" (River) SH 14 - Tract "B" - Blk 507 SH 15 - Tract "G" - Blk 488 SH 17 - Tract "A" - (No Blk #) SH 17 - Tract "I" - Blk 570/574 SH 17 - Tract "N" - Blk 589 SH 17 - Tract "Q" - Blk 604 TOTAL 8.24 ± acres 1.90 ± acres 2.37 ± acres .37 ± acres 2.49 ± acres 2.24 ± acres 1.15 ± acres 2.27 ± acres .37 ± acres 1.68 ± acres 4.42 ± acres 3.81 ± acres 2.93 ± acres 5.75 ± acres 10.08 ± acres 14.07 ± acres 7.42 ± acres 5.00 ± acres 3.55 ± acres 27.00 ± acres 4.00 ± acres 1.70 ± acres 112.81 Acres