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HomeMy WebLinkAbout2013 - Plat 2 ApprovalLR OF f HOME OF PELICAN ISLAND Subject: Resolution R-13-09 Approving Agenda No. /Z O - /3.0776 Final Plat for Cross Creek Lake Estates Plat Two Department Origin: Commun' Dev_ el pment Comm Dev Direct ' City Attorney: ° City Clerk: prJ ed for Submittal by: City Manager Date Submitted: May 1, 2013 er For Agenda of: May 8, 2013 Exhibits: Resolution R-13-09; Cross Creek Lake Estates Plat Two; Application; MBV Engineering certification letter; Guarantee of Sidewalk Construction Agreement; Area map EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: -0- -0- -0- SUMMARY The preliminary plat for Cross Creek Lake Estates was approved by City Council in October of 2004. The entire subdivision consists of approximately 115 acres and is designed with a 44.5 - acre lake and 134 single family residential lots. The lake was created by a former sandmining operation. A majority of the lots will be lake -front properties. The land is zoned RS -10 (Residential Single Family) and the land use is LDR (Low Density Residential) which allows 5 units per acre. Overall density for this development will be approximately 12.16 units per acre. As a condition of approval of the preliminary plat, the developer was required to make improvements to 70`" Avenue (a.k.a. Powerline Road) in conjunction with Indian River County. Those improvements have been completed. The subdivision improvements were also completed, but the decline in the housing market as well as the decline in overall property values put many projects such as this on hold. The owners are now ready to proceed with their final plats. The subdivision is currently owned by two corporations and will be platted separately as Cross Creek Lake Estates Plat One and Cross Creek Estates Plat Two. Both plats will share a common homeowners' association and will be subject to identical deed restrictions, a copy of which is on file in the Community Development Department. Cross Creek Lake Estates Plat One includes the northern 80 -acre parcel owned by Cross Creek Lake Estates Inc. (Henry A Fischer) and includes the entire street system, various tracts and drainage easements, and 10 residential lots. Cross Creek Lake Estates Plat Two includes the southern 35 -acre parcel owned by Campanelli Development Corporation, Inc. (Ralph Campanelli) and includes the entire street system, various tracts and drainage easements, and 30 residential lots. Tracts marked "reserved for future development" on both plats will be platted into residential lots at a later date. Sidewalks have been constructed on all portions of the subdivision except for those areas that border on single-family lots. To prevent damage or destruction of the sidewalks during home construction, the subdivision deed restrictions require each lot owner to construct that owner's portion of the sidewalk before a Certificate of Occupancy is issued. The owners of Plat One and Plat Two have entered into a Guarantee of Sidewalk Construction Agreement (attached) as an "alternate irrevocable form" to insure the completion of the sidewalk system. This agreement has been reviewed by the City Attorney. MBV Engineering has certified that Cross Creek Lake Estates has been built in substantial conformance with their design documents. Staff has verified that the final plats for Cross Creek Lake Estates Plat One and Cross Creek Lake Estates Plat Two are in accordance with the preliminary plat. The final plats have both been reviewed by David Jones, (consulting) City Surveyor, Frank Watanabe, (consulting) City Engineer, Indian River County Utility staff and Clerk of the Court staff. All have found the plats to be acceptable. RECOMMENDED ACTION Move to approve Resolution R-13-9, approving Cross Creek Lake Estates Plat Two. CERTIFICATE OF TITLE INFORMATION FOR THE FILING OF A SUBDIVISION IN THE CITY OF SEBASTIAN OR UNINCORPORATED INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT A SEARCH OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, ON THE LAND DESCRIBED BELOW REVEALS THE FOLLOWING INFORMATION: RECORD TITLE OWNER CAMPANELLI DEVELOPMENT CORPORATION, INC.,A FLORIDA CORPORATION MORTGAGE HOLDER (NONE) EXISTING LIENS AND ENCUMBRANCES 1. ALL TAXES HAVE BEEN PAID AS REQUIRED BY SECTION 197.192, FLORIDA STATUTES 2. SUBJECT TO RESERVATION OF EASEMENT RECORDED IN O.R. BOOK 139, PAGE 701, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 3. SUBJECT TO RIGHT OFWAY AGREEMENT TO FLORIDA POWER & LIGHT CO. RECORDED IN O.R. BOOK 505, PAGE 594, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 4. SUBJECT TO DECLARATION OF COVENANTS AND RESTRICTIONS ON LAND RECORDED IN O.R. BOOK 1760, PAGE 963, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 5. SUBJECT TO CROSS ACCESS AGREEMENT RECORDED IN O.R. BOOK 2571, PAGE 1361, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 6. SUBJECT TO ACCESS AND USE AGREEMENT RECORDED IN O.R. BOOK 2571, PAGE 1371, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 7. SUBJECT TO JOINT DRAINAGE AND UTILITY EASEMENT RECORDED IN O.R. BOOK 2571, PAGE 1331, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THIS SEARCH IS UP TO AND INCLUDING MARCH 11, 2013. THIS CERTIFICATE IS MADE FOR THE PURPOSE OF FURNISHING THE INFORMATION REQUIRED FOR THE FILING OF THE ABOVE REFERENCED SUBDMSION PLAT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 177.041 OF THE FLORIDA STATUTES AND THE REQUIREMENTS OF THE CITY OF SEBASTIAN OR UNINCORPORATED INDIAN RIVER COUNTY LAND DEVELOPMENT CODE. IT HAS BEEN PREPARED EXPRESSLY FOR THE APPROPRIATE GOVERNING BODY AS DEFINED IN CHAPTER 177.071(FS) AND IT IS NOT TO BE RELIED UPON BY ANY OTHER GROUP OR PERSON FOR ANY OTHER PURPOSE. COLLINS, BROWN & CALDWELL, BARKETT & GARAVAGLIA, CHARTERED BY:Ty Z� S A BRUCE BARKETT DATE INDIAN RIVER COUNTY, FLORIDA. CERTIFICATE OF DEDICATION IN WITNESS rS REO - I CORPORATION HAS CAUSED THESE PRESENTS R BE SIGNED BY ITS WITH THE AUTHORITY OF ITS BOARD OF DIRECTORS THIS 17� DAY OF 2013. CAMPANELLI DEV L PM CORPORATION, INC., A FLORIDA CORPORATION BY WITNESS: PH MPAN LLI, PRESIDENT (Print Name) WITNESS: f%!& (Print Name) n„k s+oJJ�✓e COVENANTS RESTRICTIONS, OR RESERVATIONS AFFECTING THE OWNERSHIP OR USE OF THE PROPERTY SHOWN ON THIS FINAL PLAT ARE FILED IN OFFICIAL RECORDS BOOK PAGE NO. NOTICE: NO BUILDINGS, CONSTRUCTION, TREES OR SHRUBS WILL BE PLACED IN EASEMENTS WITHOUT THE CITY OF SEBASTIAN APPROVAL. NOTICE: ROUTINE MAINTENANCE (E.G. MOWING) OF EASEMENTS SHALL BE THE RESPONSIBILITY OF THE LOT / PROPERTY OWNER(S) AND NOT THE CITY OF SEBASTIAN. NOTICE: PROPERTY OWNERS ARE PROHIBITED FROM PLANTING CARIBBEAN FRUIT FLY AND CITRUS GREENING HOST PLANTS AS SPECIFIED HEREON AND ARE REQUIRED TO REMOVE THE SAME IF ANY EXIST: CATTLEY GUAVA, COMMON GAUVA, LOQUAT, ROSE APPLE, SURINAM CHERRY, CHINESE BOX ORANGE, AND ORANGE JASMINE. THIS PIAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDMDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PUT CROSS CREEK LAKE ESTATES PLAT TWO A PORTION OF SECTION 30, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. LEGAL DESCRIPTION: A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 IN SECTION 30, TOWNSHIP 31 SOUTH, RANGE 39 EAST, EXCEPTING THEREFROM THE WEST 5 ACRES AND THE SOUTH 50 FEET OF THE SUBJECT PROPERTY, ALSO LESS AND EXCEPT THAT PARCEL DESCRIBED IN O.R. BOOK 2283, PAGE 1064, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 30 RUN 589°49'36"W ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 30 A DISTANCE Of: 35.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED LAND; THENCE S00°07'35"E PARALLEL TO AND 35.00 FEET WEST OF THE EAST LINE OF THE SAID SOUTHWEST 1/4 OF SECTION 30 BY PERPENDICULAR MEASUREMENT FOR A DISTANCE OF 1288.96 FEET; THENCE N89056'10"W PARALLEL TO AND 50.00 FEET NORTH OF THE SOUTH LINE OF THE SAID NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 30 BY PERPENDICULAR MEASUREMENT FOR A DISTANCE OF 1136.00 FEET; THENCE N00°00'50'W A DISTANCE OF 1284.27 FEET TO THE SAID NORTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 30; THENCE N89°49'36"E ALONG SAID NORTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 30 A DISTANCE OF 1133.47 FEET TO THE POINT OF BEGINNING. CONTAINS 33.52 ACRES MORE OR LESS. ACKNOWLEDGMENT AS TO CERTIFICATE OF DEDICATION THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS.17- #L DAY OF C2013, BY RALPH CAMPANELLI, PRESIDENT, CAMPANELLI DEVELOPMENT C RPO RATION, INC., A FLORIDA CORPORATION ON BEHALF OF THE COMPANY. W Gtru M. J� (SEAL)g 1 -'NOTARY PUBOC PERSONALLY KNOWN OR PRODUCED TYPE OF IDENTIFICATION PRODUCED: Lwl1'Of,Mi10 kwx"t CAMPANELLI DEVELOPMENT CORPORATION, INC., A FLORIDA CORPORATION BY• / el`/ 7 .-2013 , RALPH CAMPANE PRESIDENT I"'— WITNESS: (Print Name) t *Cv4A �. WITNESS: /I — (Print Name)k S*I�Mi LOCATION MAP 1 men - 40002 SITE ..wry us is J P 34 Hi uwv u� COUNTY ROAD 510 NOT TD NAP NOT o RCA1.6 CERTIFICATE OF APPROVAL AND ACCEPTANCE BY THE CITY COUNCIL THIS 15 TO CERTIFY THAT ON THIS PLAT WAS APPROVED BY THE CITY OF SEBASTIAN, CITY COUNCIL AND THE EASEMENTS DEDICATED TO THE CITY WERE ACCEPTED. MAYOR CITY ENGINEER BOB MCPARTLAN FRANK WATANABE P.E. NEEL-SCHAFFER CITY CLERK CITY ATTORNEY _ (ATTEST TO MAYORS SIGNATURE) ROBERT A. GINSBURG CITY SURVEYOR'S CERTIFICATE THIS PLAT OF CROSS CREEK LAKE ESTATES PLAT TWO HAS BEEN REVIEWED BY THE UNDERSIGNED PROFESSIONAL SURVEYOR AND MAPPER EMPLOYED BY THE CITY OF SEBASTIAN, WHO HEREBY CERTIFIES THAT THIS PLAT CONFORMS TO THE REQUIREMENTS OF PART 1, CHAPTER 177, FLORIDA STATUTES AND SUBDMSIONS AND PLATTING, CHAPTER 913 AND ARTICLE XIX OF THE CITY OF SEBASITAN LAND DEVELOPMENT CODE; AND THAT SAID LAND IS LOCATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. CLERK'S CERTIFICATION STATE OF FLORIDA, COUNTY OF INDIAN RIVER I, CLERK OF CIRCUIT COURT OF INDIAN RIVER COUNTY, FLORIDA, DO HEREBY CERTIFY THAT I HAVE DAVID M. JONES (date) EXAMINED THIS PLAT OF CROSS CREEK LAKE ESTATES PLAT TWO, AND THAT IT COMPLIES WITH FLORIDA PROFESSIONAL LAND SURVEYOR, CERTIFICATE 3909 ALL THE REQUIREMENTS OF CHAPTER 177 OF THE LAWS OF FLORIDA. THIS PLAT WAS FILED FOR RECORD THIS_DAY OF 2013, AND RECORDED ON PAGE OF PLAT BOOK_ IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF INDIAN RIVER COUNTY, FLORIDA. JEFFREY SMITH, CLERK OF COURT BY: DATE:--- DEPUTY ATE:__DEPUTY CLERK OF CIRCUIT COURT, INDIAN RIVER COUNTY, FLORIDA CAMPANELLI THERE MAY BEADDITIONAL RESTRICTIONS THAT ARE NOT DEVELOPMENT CITY OF CLERK OF THE RECORDED ON TMS PLAT THAT MAY BE FOUND IN THE PUBLIC CORPORATION, INC SEBASTIAN CIRCUIT COURT CITY SURVEYOR RECORDS OF THIS COUNTY. THIS INSTRUMENT PREPARED BY: PREPARED BY: STEVE CARTECHINE, LS4895 EVDLANRIVER SURVEY INC. INDIAN RIVER SURVEY, INC 1835 20TH STREET PROFESSIONAL SURVEYING AND i APPING VERO BEACH, FL 32960 DATE PREPARATION: 11/21/12 CERTIFICATE OF AUTHORIZATION No. LB 7545 REVISED: 2/19/13 1835 20TH STREET, VERO BEACH, FLORIDA 32960 0000 REVISED: 4 25/13 PHONE (772) 569-7880 FAX (772) 778-3617 CERTIFICATE OF SURVEYOR KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED, BEING A LICENSED AND RE IW D ROFESSIONAL SURVEYOR AND MAPPER, DOES HEREBY CERTIFY THAT ON T• HE COMPLETED THE SURVEY OF THE LANDS AS SHOWN IN THE FOREGOIN PLAT; THAT SAID PLAT IS A CORRECT PRESENTATION OF THE LANDS THEREIN DESCRIBED AND PLATTED OR SUBDIVIDED; THAT PERMANENT REFERENCE MONUMENTS HAVE BEEN PLACED, EACH P.C.P., ALL LOT AND TRACT CORNERS HAVE BEEN SET AS SHOWN THEREON AS REQUIRED BY PART 1, CHAPTER 177, FLORIDA STATUTES AND SUBDMSIONS AND PLATTING, CHAPTER 913 AND ARTICLE XIX OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE; AND THAT SAID LAND IS LOCATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. DATED STRATION NO. 4895 SU STM -E CAARTrCHINE, l5 1:4895 STATE OF FLORIDA,_ -.4 PLAT BOOK PAGE DOCKET NO. SHEET I OF _ 2 SECTION SO TWP. _31 S., RANGE 59 E DEDICATION KNOW ALL MEN BY THESE PRESENTS, THAT: CAMPANELLI DEVELOPMENT CORPORATION, INC.,A FLORIDA CORPORATION, FEE SIMPLE OWNER OF THE LANDS DESCRIBED AND PLATTED HEREIN, AS CROSS CREEK LAKE ESTATES PLAT TWO BEING IN THE CITY OF SEBASTIAN, HAVE CAUSED SAID LANDS TO BE SURVEYED AND PLATTED AS SHOWN HEREON AND DOES HEREBY DEDICATE AS FOLLOWS: 1) THE DRAINAGE FACILITIES WITHIN THE SUBDMSION ARE NOT THE RESPONSIBILITY OF THE CITY OF SEBASTIAN. 2) THE TEN FOOT WIDE PUBLIC UTILITY EASEMENTS SHOWN HEREON ARE DEDICATED IN PERPETUITY TO THE CITY OF SEBASTIAN AND INDIAN RIVER COUNTY FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE AND OPERATION OF PUBLIC UTILITIES INCLUDING BUT NOT LIMITED TO POTABLE WATER, ELECTRIC, TELEPHONE AND CABLE TELEVISION SERVICES; PROVIDED, HOWEVER, NO SUCH CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES SHALL INTERFERE WITH THE FACILITIES AND SERVICES OF AN ELECTRIC, TELEPHONE, GAS, OR OTHER PUBLIC UTILITY. IN THE EVENT A CABLE TELEVISION COMPANY DAMAGES THE FACILITIES OF A PUBLIC UTILITY, IT SHALL BE SOLELY RESPONSIBLE FOR THE DAMAGES. 3) THE FIFTEEN FOOT WIDE UTILITY EASEMENTS ON LOTS 3 AND 4 BLOCK 10 (COMBINED WIDTH OF 30 FEET) ARE DEDICATED IN PERPETUITY TO INDIAN RIVER COUNTY FOR CONSTRUCTION, INSTALLATION, OWNERSHIP, MAINTENANCE AND OPERATION OF POTABLE WATER LINES. 4) THE TEN FOOT WIDE STORMWATER MAINTENANCE EASEMENT SHOWN HEREON IS DEDICATED IN PERPETUITY TO CROSS CREEK LAKE ESTATES HOMEOWNERS ASSOCIATION, INC. FOR STORMWATER MAINTENANCE AND ACCESS. S) THE 20 FOOT WIDE DRAINAGE EASEMENT SHOWN HEREON IS DEDICATED IN PERPETUITY TO CROSS CREEK LAKE ESTATES HOMEOWNERS ASSOCIATION, INC. FOR STORMWATER CONSTRUCTION, INSTALLATION, MAINTENANCE AND ACCESS. 6) THE FIFTY FOOT WIDE PRIVATE RIGHT OF WAY IS DEDICATED IN PERPETUITY TO CROSS CREEK LAKE ESTATES HOMEOWNERS ASSOCIATION, INC. FOR THE USE AND BENEFIT OF THE OWNERS AND RESIDENTS OF THIS SUBDMSION, AND SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF CROSS CREEK LAKE ESTATES HOMEOWNERS ASSOCIATION, INC.. ALL PUBLIC AUTHORITIES, INCLUDING BUT NOT LIMITED TO POLICE, FIRE, AMBULANCE, INDIAN RIVER COUNTY MOSQUITO CONTROL DISTRICT, AND UTILITY PROVIDERS SHALL HAVE THE RIGHT TO USE THE STREETS IN THE COURSE OF PERFORMING THEIR RESPECTIVE DUTIES. THE CITY OF SEBASTIAN SHALL HAVE NO RESPONSIBILITY, DUTY OR LIABILITY WHATSOEVER REGARDING SUCH STREETS. 7) TRACTS 'A' ANO'G' ARE DEDICATED IN PERPETUITY TO THE CROSS CREEK LAKE ESTATES HOMEOWNERS ASSOCIATION, INC. FOR CONSTRUCTION AND MAINTENANCE OF STORMWATER MANAGEMENT FACILITIES, AND SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF CROSS CREEK LAKE ESTATES HOMEOWNERS ASSOCIATION, INC.. 6) TRACT 'Q' IS DEDICATED IN PERPETUITY TO THE CROSS CREEK LAKE ESTATES HOMEOWNERS ASSOCIATION FOR LANDSCAPING AND MAINTENANCE. 9) TRACTS "R" AND ARE HEREBY RESERVED BY THE DEVELOPER FOR FUTURE DEVELOPMENT. NOTES: 1.) PERMANENT REFERENCE MONUMENTS, 'P.R.M.; HAVE BEEN SET IN COMPLIANCE WITH CHAPTER 177, FLORIDA STATUTES, AS AMENDED. 2.) EACH P.C.P. HAS BEEN SET UNDER THE DIRECTION AND SUPERVISION OF THE SURVEYOR IN COMPLIANCE WITH THE LAWS OF THE STATE OF FLORIDA AND ORDINANCES OF THE CTTY OF SEBASTIAN. 3.) ALL LOT AND TRACT CORNERS HAVE BEEN SET UNDER THE DIRECTION AND SUPERVISION OF THE SURVEYOR IN COMPLIANCE WITH THE LAWS OF THE STATE OF FLORIDA AND ORDINANCES OF THE CIT' OF SEBASTIAN. 4.) BEARINGS SHOWN ARE BASED ON THE ASSUMPTION THE SOUTH LINE OF SOUTHWEST 1/4 OF SECTION 30, TOWNSHIP 31 SOUTH, RANGE 39 EAST BEARS N89'41'59"W. 5.) THIS PLAT IS LOCATED WITHIN FLOOD ZONE "X' PER FLOOD INSURANCE RATE MAP 12061CO113H DATED DECEMBER 4, 2012. 0 • CROSS CREEK LAKE ESTATES PLAT TWO A PORTION OF SECTION 30, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. Ne919'J6T 1331.73' _TN99'49JeE 16327' IMM' C%� 141.4T' 46S It' 115.00 i I v NORM ONE X THE NORRCAST IR 29 pi i81 8 ? n2Ovr Of GOMMENY6YENr 1/4 CF nC SOUNf r I/. or i� 4i I a I a, 'NE I CORNER Y I C1" of SOU wll 1/4 OF NE ! CWNIR..EST 7 i I SECPCM JO -J1 -J9 ' NBa5Y25'E I t�� xT5-E ` I D� SECTKW OF TEE SOUTEWrST 1 4 OF LTCTON 30-31-M 1 fJ3.00' I I i& ai I i$ 5 g 28 $ I I I Ne93Y25 E I Na97YT3E I NOTE: ALL LOT LINES EMANATING FROM CURVES ARE RADIAL LINES UNLESS NOTED (N.R.) 1�• /7176' CURVE TABLE 27 $I i ig 14 $_ i CORW RADIUS LENGTH. DELTA CH BEARING CHORD ncl 100.00' 157.41' .907Y'25- NN58'08 E 141.66' i j g d ' NS.W25E i NaL3275E g CZ 7.00' Ito,06' 9071'25" NW58'07"£ 106.24' 10' P.U.£ 10' P.UE• oU IJS'00' 10'IP.UF C I i CJ 5000' 75.71' 907 1' S" N44s8'OY E 70.83' (r»NuU "I 29i ybx I$Ix/ t3 8 4 C4 100.00' 156.94' B95 '20" 54458J0 E F41.33' 8 8i dI •N I� CS 75.00' 11Z7I' 8955 54438'30" 1019 = Ne9sT 23E 1 d Nd95Y25E C6 .00' 78.47 8955 S44 'JO"E 70.66' I I g gI I 1moo. �I 0.76 I i$ C7 50.00' 3a-9 4+35'17 N2278' 6'W 379 g $ $ i 18 $I "(� '� .) v o C8 7. 36.6 27'58' N14 '10"W 36.26' 25 2 ( C9 100.00' 36.04' 4 " I I 1 $ $1 I•d i$ $ A I 5 N/070'14"W 5.81' i TRACT 'A' Q> CIO 50.00' 78.47' 89'55'20" 443 ,30 70.66' �" 1 I• I srawwA /FR uwAc£NeNT .n.E �I Ne➢s275'E i - Cif 50.00' 7871' 907125" N44'58'07"E 70.83' _ IJS 00' IJI Ie' CT2 100.00' 4.74' 1470' 9" N0637J9" 24.68' nI $ 1I , is io 1O 24 ,�I '. tt �$ 1 C7J 100.00' 48.7' 274248" N 754'18"E 4790' i 18 8 - C14 100.00' 52.74' 7 52'13 E 5213' I SRI I a I j NeY52%E ; IQ 1 AM-5225,rQ mI C15 100.00' 31.56' V5' " N81'71'17" 1.43' 133 oD. 1.T176' Y, C16 50.00" 34. ' J" 7 J" N7 V4'53'E J4.f7' ss & C17 50.00' 20. ' 441' N 7 J6" 20.43" I$ r RiI C18 50.00' 23. 3' $ $ �i I I 2 e Ne9s225E u7,l76' Ne9Z a o 7e' 22 Na97Y25f ..o. �' • G NB95225E E "iI Qila �I I1.I 137. 0'A UX I I I 1821(nPrl81 I I$ B $I NOTES: %' Ne9s2'%E k' 1.) PERMANENT REFERENCE MONUMENTS, "P.R.M.," HAVE BEEN SET IN yI I N 1ss vsE 13779' ® I COMPLIANCE WITH CHAPTER 177, FLORIDA STATUTES, AS AMENDED. „ C 2.) EACH P.C.P. HAS BEEN SET UNDER THE DIRECTION AND SUPERVISION OF uI 20 E. I Ig 7 g °I THE SURVEYOR IN COMPLIANCE WITH THE LAWS OF THE STATE OF FLORIDA "' I , 1 I $ $I I Naas%E Ne9s275E ' i AND ORDINANCES OF THE CITY OF SEBASTIAN. v 3.) ALL LOT AND TRACT CORNERS HAVE BEEN SET UNDER THE DIRECTION AND Z 1'u'00, a rJ17a A SUPERVISION OF THE SURVEYOR IN COMPLIANCE WITH THE LAWS OF THE I I i 10' S/0PIIWA TER NMNIENAN(X CJ1 C}9 61 19 I �P P EASDIfCIIr ,Y STATE OF FLORIDA AND ORDINANCES OF THE CITY OF SEBASTIAN. crD N e9s6.1o• w (rm�ALl 3x151• sus4'oJEg� 1$ e $ i 71..e N.R I 1 _ ( 4.) BEARINGS SHOWN ARE BASED ON THE ASSUMPTION THE THE SOUTH LINE OF 1%u' jTo�- ns.o� >w 95ao" 412e'- a Ne9 1 NB93225E SOUTHWEST 1/4 OF SECTION 30, TOWNSHIP 31 SOUTH, RANGE 39 EAST 01 y, e I 3176' $ i BEARS N89°41'59"W. I I I ID' D. I k 0. t I 2 $ Ia 8 ,7 3 8 5I $, s S.) THIS PLAT IS LOCATED WITHIN FLOOD ZONE "X" PER FLOOD INSURANCE RATE 1 C 'a >7 10' P.U.E ' V 1 � zslfzs' IST e I MAP 12061CO113H DATED DECEMBER 4, 2012. r3' 1 6.) ALL LOT LINES EMANATING FROM CURVES ARE RADIAL LINES UNLESS woo _ 95oo' _ _ 9500' LjY _ , �� I NOTED (N.R.) L7J l I, ,\ 4 h --_-_ NB936•- - --- - - - - -----_-- 8 _ 50' NEVAIE M T Or WAY i� y `� L 4 I_________15035' _ 10' P.U.[ 34a22'-- 9aoonzr C5 /\r - W (TYPICAL) `5. 1•�tl t. I��8EE r,�e A c r • e. • 8� 1�j 8� 2 • 3) `Z�o.-�.. e $ �f STORMWA /ER 4ANAGEYENT - Y N- 2 jajl I M105, 90.00• 133.95' 35' N8956 10"W 1136.00' LEGEND I6J.Ti I$ ------ -- - N8936Yo' 1171-10' --_-_---------- rob' oauanrx R/W L------- --------- satiny UNE a� 1Nc. 1/. X n7E sw 1/4 cis _;i 7ro"v .01. J9 --� ® DENOTES PERMANENT REFERENCE MONUMENT (PRM) SET 4"x4" CONCRETE I ss loo' DRAINAGE A/w ? I MONUMENT (UNLESS OTHERWISE NOTED) STAMPED "PRM LB 7545" Irti xr W>KrV4 °"� DENOTES PERMANENT CONTROL POINT (PCP) SET NAIL AND BRASS DISC (UNLESS OTHERWISE NOTED) STAMPED "PCP LB 7545" I I� I } "t P.U.E DENOTES PUBLIC: UTILITY EASEMENT j D.E. DENOTES DRAINAGE EASEMENT souwxEsr cwR SWfNEASr CORNER I N.R DENOTES NON -RADIAL CF ?w 5(X/ wsr 1/4 Of rW SOLI NNEST 1/4 ff ¢CJKN JO -Jr -J9 O� SECIKW JO -Jt -J9 Noiowmc..nwT COUNY ROAD 517REET) EpMO NM I - --------- _------------- Na mtNle7cn na+\ ----------'�-------- - _ i+e9ws9Tr 260 �..a•(85TH 5\ill SWM LME IF nC"t%4 Or SE J0 -J) -J9 -_-_- - -..- _-_-_-_ THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDMDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES IC. P� SURVEY �WOO ONVET AND V4PG CERTIFICATE OF AUTHORIZATION No. LS 7545 1835 2DrH STREET, VERO BEACH, FLORIDA 32960 PHONE (772) S69-7880 FAX (772) 778-3617 BE SUPPLANTED IN AUTHORITYBYANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT THIS INSTRUMENT PREPARED BY: STEVE CARTECHINE, LS4895 i I i THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE1835 20TH STREET NOT RECORDED ON THIS PLAT THAT MAY BE FOUND VERO BEACH, FL 329W DATE PREPARATION: 11/21/12 I I pl�CROSS 1 iCREEK LAKE ESTATES PLAT' ONE REVISED: 4/25/13 5"AsMEST CORNFF� .gBASnAN H10'HANOS ' A, y i j POINT OFNan UM117.PB4PG4e I i N89'49'36"E ;� NAIL a INNING %BEG I _ ' _--__-R/_W a BRASS DISK-_, __ _- _ Pm ,• 57.97' sTsz .11 BRASS OISrsX FOUND ch+o5£FTeOUuNoD vu1uy ra4r• AL) 894936" E ' ' /13347 xuze 64 -------- ____--_�f Ne919'J6T 1331.73' _TN99'49JeE 16327' IMM' C%� 141.4T' 46S It' 115.00 i I v NORM ONE X THE NORRCAST IR 29 pi i81 8 ? n2Ovr Of GOMMENY6YENr 1/4 CF nC SOUNf r I/. or i� 4i I a I a, 'NE I CORNER Y I C1" of SOU wll 1/4 OF NE ! CWNIR..EST 7 i I SECPCM JO -J1 -J9 ' NBa5Y25'E I t�� xT5-E ` I D� SECTKW OF TEE SOUTEWrST 1 4 OF LTCTON 30-31-M 1 fJ3.00' I I i& ai I i$ 5 g 28 $ I I I Ne93Y25 E I Na97YT3E I NOTE: ALL LOT LINES EMANATING FROM CURVES ARE RADIAL LINES UNLESS NOTED (N.R.) 1�• /7176' CURVE TABLE 27 $I i ig 14 $_ i CORW RADIUS LENGTH. DELTA CH BEARING CHORD ncl 100.00' 157.41' .907Y'25- NN58'08 E 141.66' i j g d ' NS.W25E i NaL3275E g CZ 7.00' Ito,06' 9071'25" NW58'07"£ 106.24' 10' P.U.£ 10' P.UE• oU IJS'00' 10'IP.UF C I i CJ 5000' 75.71' 907 1' S" N44s8'OY E 70.83' (r»NuU "I 29i ybx I$Ix/ t3 8 4 C4 100.00' 156.94' B95 '20" 54458J0 E F41.33' 8 8i dI •N I� CS 75.00' 11Z7I' 8955 54438'30" 1019 = Ne9sT 23E 1 d Nd95Y25E C6 .00' 78.47 8955 S44 'JO"E 70.66' I I g gI I 1moo. �I 0.76 I i$ C7 50.00' 3a-9 4+35'17 N2278' 6'W 379 g $ $ i 18 $I "(� '� .) v o C8 7. 36.6 27'58' N14 '10"W 36.26' 25 2 ( C9 100.00' 36.04' 4 " I I 1 $ $1 I•d i$ $ A I 5 N/070'14"W 5.81' i TRACT 'A' Q> CIO 50.00' 78.47' 89'55'20" 443 ,30 70.66' �" 1 I• I srawwA /FR uwAc£NeNT .n.E �I Ne➢s275'E i - Cif 50.00' 7871' 907125" N44'58'07"E 70.83' _ IJS 00' IJI Ie' CT2 100.00' 4.74' 1470' 9" N0637J9" 24.68' nI $ 1I , is io 1O 24 ,�I '. tt �$ 1 C7J 100.00' 48.7' 274248" N 754'18"E 4790' i 18 8 - C14 100.00' 52.74' 7 52'13 E 5213' I SRI I a I j NeY52%E ; IQ 1 AM-5225,rQ mI C15 100.00' 31.56' V5' " N81'71'17" 1.43' 133 oD. 1.T176' Y, C16 50.00" 34. ' J" 7 J" N7 V4'53'E J4.f7' ss & C17 50.00' 20. ' 441' N 7 J6" 20.43" I$ r RiI C18 50.00' 23. 3' $ $ �i I I 2 e Ne9s225E u7,l76' Ne9Z a o 7e' 22 Na97Y25f ..o. �' • G NB95225E E "iI Qila �I I1.I 137. 0'A UX I I I 1821(nPrl81 I I$ B $I NOTES: %' Ne9s2'%E k' 1.) PERMANENT REFERENCE MONUMENTS, "P.R.M.," HAVE BEEN SET IN yI I N 1ss vsE 13779' ® I COMPLIANCE WITH CHAPTER 177, FLORIDA STATUTES, AS AMENDED. „ C 2.) EACH P.C.P. HAS BEEN SET UNDER THE DIRECTION AND SUPERVISION OF uI 20 E. I Ig 7 g °I THE SURVEYOR IN COMPLIANCE WITH THE LAWS OF THE STATE OF FLORIDA "' I , 1 I $ $I I Naas%E Ne9s275E ' i AND ORDINANCES OF THE CITY OF SEBASTIAN. v 3.) ALL LOT AND TRACT CORNERS HAVE BEEN SET UNDER THE DIRECTION AND Z 1'u'00, a rJ17a A SUPERVISION OF THE SURVEYOR IN COMPLIANCE WITH THE LAWS OF THE I I i 10' S/0PIIWA TER NMNIENAN(X CJ1 C}9 61 19 I �P P EASDIfCIIr ,Y STATE OF FLORIDA AND ORDINANCES OF THE CITY OF SEBASTIAN. crD N e9s6.1o• w (rm�ALl 3x151• sus4'oJEg� 1$ e $ i 71..e N.R I 1 _ ( 4.) BEARINGS SHOWN ARE BASED ON THE ASSUMPTION THE THE SOUTH LINE OF 1%u' jTo�- ns.o� >w 95ao" 412e'- a Ne9 1 NB93225E SOUTHWEST 1/4 OF SECTION 30, TOWNSHIP 31 SOUTH, RANGE 39 EAST 01 y, e I 3176' $ i BEARS N89°41'59"W. I I I ID' D. I k 0. t I 2 $ Ia 8 ,7 3 8 5I $, s S.) THIS PLAT IS LOCATED WITHIN FLOOD ZONE "X" PER FLOOD INSURANCE RATE 1 C 'a >7 10' P.U.E ' V 1 � zslfzs' IST e I MAP 12061CO113H DATED DECEMBER 4, 2012. r3' 1 6.) ALL LOT LINES EMANATING FROM CURVES ARE RADIAL LINES UNLESS woo _ 95oo' _ _ 9500' LjY _ , �� I NOTED (N.R.) L7J l I, ,\ 4 h --_-_ NB936•- - --- - - - - -----_-- 8 _ 50' NEVAIE M T Or WAY i� y `� L 4 I_________15035' _ 10' P.U.[ 34a22'-- 9aoonzr C5 /\r - W (TYPICAL) `5. 1•�tl t. I��8EE r,�e A c r • e. • 8� 1�j 8� 2 • 3) `Z�o.-�.. e $ �f STORMWA /ER 4ANAGEYENT - Y N- 2 jajl I M105, 90.00• 133.95' 35' N8956 10"W 1136.00' LEGEND I6J.Ti I$ ------ -- - N8936Yo' 1171-10' --_-_---------- rob' oauanrx R/W L------- --------- satiny UNE a� 1Nc. 1/. X n7E sw 1/4 cis _;i 7ro"v .01. J9 --� ® DENOTES PERMANENT REFERENCE MONUMENT (PRM) SET 4"x4" CONCRETE I ss loo' DRAINAGE A/w ? I MONUMENT (UNLESS OTHERWISE NOTED) STAMPED "PRM LB 7545" Irti xr W>KrV4 °"� DENOTES PERMANENT CONTROL POINT (PCP) SET NAIL AND BRASS DISC (UNLESS OTHERWISE NOTED) STAMPED "PCP LB 7545" I I� I } "t P.U.E DENOTES PUBLIC: UTILITY EASEMENT j D.E. DENOTES DRAINAGE EASEMENT souwxEsr cwR SWfNEASr CORNER I N.R DENOTES NON -RADIAL CF ?w 5(X/ wsr 1/4 Of rW SOLI NNEST 1/4 ff ¢CJKN JO -Jr -J9 O� SECIKW JO -Jt -J9 Noiowmc..nwT COUNY ROAD 517REET) EpMO NM I - --------- _------------- Na mtNle7cn na+\ ----------'�-------- - _ i+e9ws9Tr 260 �..a•(85TH 5\ill SWM LME IF nC"t%4 Or SE J0 -J) -J9 -_-_- - -..- _-_-_-_ THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDMDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES IC. P� SURVEY �WOO ONVET AND V4PG CERTIFICATE OF AUTHORIZATION No. LS 7545 1835 2DrH STREET, VERO BEACH, FLORIDA 32960 PHONE (772) S69-7880 FAX (772) 778-3617 BE SUPPLANTED IN AUTHORITYBYANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT THIS INSTRUMENT PREPARED BY: STEVE CARTECHINE, LS4895 INDIAN RIVER SURVEY, INC. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE1835 20TH STREET NOT RECORDED ON THIS PLAT THAT MAY BE FOUND VERO BEACH, FL 329W DATE PREPARATION: 11/21/12 IN THE PUBLIC RECORDS OF THIS COUNTY. REVISED: 2/18/13 REVISED: 3/15/13 REVISED: 4/25/13 Permit Application No. SN City of Sebastian WME OF KUM FAMD Development Order Application Applicant if not owner, written authorization notarized from owner is required) Name: Mr. Ralph Campanelli - RC Management Corp. Address: 1 Campanelli Drive; Braintree, MA 02184 Phone Number: ( 781 ) 843 - 8280 FAX Number: ( 781 ) 356 - 6862 E -Mail: ideflavis@campanelli.com Owner If different from applicant) Name: Same as Applicant Address: Phone Number: ( ) - FAX Number: E -Mail: Title of permit or action requested: Final Plat PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 1 V COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Cross Creek Lake Estates Plat Two B. Site Information Address: 9045 70th Avenue Lot: Block: Unit: Subdivision: Indian River County Parcel * 30-31-39-00000-5000-00001.0 Zoning Classification: Future Land Use: RS -10 Residential Existing Use: Residential Proposed Use: Residential C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Final plat for Cross Creek Lake Estates southern portion, otherwise known as "Plat Two" DATE RECEIVED: /2-1,W/ I— FEE PAID: $ UO -UO RECEIVED BY: k— Permit Application No. D. Project Personnel: Agent: Name: Mr. Ralph Campanelli - RC Management Corp. Address 1 Campanelli Drive; Braintree, MA 02184 Phone Number: ( 781 ) 843 - 8280 FAX Number: ( 781 ) 356 - 6862 E -Mail: jdeflavis@campanelli.com Attorney: Collins Brown Caldwell Barkett et al Name: Mr. Bruce Barkett, esq. Address 756 Beachland Blvd.; Vero Beach, FL 32963 Phone Number: ( 772 ) 231 - 4343 FAX Number: ( 772 ) 234- 5213 E -Mail: bbarkett@verolaw.com Engineer: MBV Engineering, Inc. Name: Mr. Aaron Bowles, P.E. Address 1835 20th Street; Vero Beach, FL 32960 Phone Number: (772 ) 569 - 0035 FAX Number: ( 772) 778 - 3617 E -Mail: mbveng@mbveng.com Surveyor: Indian River Survey,Inc. Name: Mr. Steve Cartechine, LS Address 1835 20th Street; Vero Beach, FL 32960 Phone Number: ( 772) 569 - 7880 FAX Number: ( 772 ) 778 - 3617 E -Mail: stevec@indianriversurvey.com 1, Ralph Campanelli , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER _, I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF to -KNOWLEDGE AND BELIEF. 'dnvamher iR 21112 SI � ATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY Ralph Campanelli WHO IS PERSONALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS 28thDAY OF November,20�_. NOTARY'S SIGNATURE PRINTED NAME OF NOTARY Josephine DeFlavis COMMISSION No./EXPIRATION November 7. 2014 SEAL: 7.21to ►u TOt 'o t J JJ� cNe� ♦;� ; �" Permit Application No. The following Is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variancesy exceptions, and appeals. I/VVE, X THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Planning & Zoning_ BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. IME HEREBY WAIVE ANY OBJECTION OR DEFENSE 1/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, B ANY EMPLOYEE, AGENT,;,CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. ., Nov.N28. 2012 IGNA R f DATE Sworn to and subscribed before me by Ralph Campanelli who is personally known to me or produced as identification, this 2 thday of November 20 12 . Notary's Signature �� �',�✓ Printed Name of Notary e//Joselphine DeFlavis Commission No,/Expiration November 7. 2014 Seal: m,. Permit Application No. §E Supplemental information a ' Final Plat Approval HOAfE Of PEUCM! KNkD X 1. The following information is required on all final plats: X a. Name of subdivision. X b. Title Block. X c. Legal Description. X d. Index Sheet. X e. The final plat shall comply with Chapter 177, Florida Statutes, and shall show all lengths of arcs together with central angles, radii, and points of curvature. X f. Scale. X g. North arrow on every sheet. Bearing or azimuth reference shall be clearly stated on the face or first page of the plat. ,_ h. The point of beginning shall be boldly shown. X i. All intersecting street right-of-ways shall be joined by the long cord of minimum radius of twenty-five feet and all dimensions shown. _2L j. All adjoining property shall be identified by a subdivision title, plat book and page or, if unplatted, the land shall be so designated. * k. If the proposed plat borders upon any public water bodies, delineate the mean high water line. X I. Permanent reference markers shall be shown. X m. In the upper right hand corner, provide a three-inch by five -inch space to be used by the Clerk of the Circuit Court for recording information. X n. The plat shall be accurate within 0.01 foot and shall be tied accurately to all township, range, and section lines. X o. On the cover sheet or first page show a vicinity sketch. .X p. Lots and blocks shall be numbered or lettered. ,X q. The plat shall contain the name of each street shown. X r. All right-of-way and easement widths and dimensions shall be shown on the plat. Permit Application No. X 2. Attached the following: X a. Six copies of the final plat. (Two sets must be sealed.) b. Three sealed sets of as -built plans. ®!MBB ENGINEERING, INC. MOIA BOWLES VILLAMIZAR & ASSOCIATES www.mbveng.com CA#3728 April 8, 2013 Mrs. Jan King City of Sebastian 1225 Main Street Sebastian, FL 32958 Subject: Cross Creek Lake Estates Subdivision Sebastian, Florida Engineer's Project Number: 11-325/03-158 Dear Mrs. King: Via Hand Delivery Please accept this letter as certification that all site improvements for the Cross Creek Lake Estates subdivision have been completed in substantial conformance with our design documents and the approved plans dated October 19, 2005 and signed by Mr. David Fisher. Please note that portions of the project's sidewalks are not yet installed and will be done so during the construction of each lot. Should you have any questions regarding the above subject, please do not hesitate to contact our office. %%6d`i16!i4illdPdd���vs 5�EI�SF *cm J.to AA. � PL0F\\ j®®dddddiltt41t9v5@� RECEIVED APR 0 8 2013 City of Sebastian Communi',y Developr,�ent Dept. 1835 20th Street 1600 W. Eau Gallie Blvd., Suite 201 D 806 Delaware Avenue Vero Beach, FL 32960 Melbourne, FL 32935 Ft. Pierce, FL 34950 772.569.0035 321.253.1510 772.468.9055 Fax: 772.778.3617 Fax: 321.253.09 11 Fax: 772.778.3617 EVANS, P.L.DILL 8L WARREN W. DILL ATTORNEYS AT LAW JOHN G. EVANS Also admitted in Also Admitted in Wyoming 1565 US Highway I California Nebraska Sebastian, Florida 32958 Email: delawl@bellsouth.net Email: wdilldelaw@bellsouth.net (772) 589-1212 Fax (772) 589-5212 April 11, 2013 Honorable Mayor Bob McPartlan City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: Cross Creek Lake Estates Section 54-4 —19.5(f)(2) Guarantee of Sidewalk Construction by "Alternate Irrevocable Form" Our File No. 12-256 Dear Honorable Mayor McPartlan and Council Members: The above referenced subdivision is being developed jointly by Cross Creek Lake Estates, Inc., Henry A. Fischer, President owning its area of the subdivision with 77 lots for sale ("Total Lots") and Campanelli Development Corporation, Inc., Ralph Campanelli, President, owning its respective area of the subdivision with 61 lots for sale ("Total Lots"). All required subdivision improvements have been installed with the exception of sidewalks. The purpose of this letter is to request the use of this letter as an "alternate irrevocable form" of guarantee for the construction of sidewalks, in lieu of a cash bond, personal bond with a letter of credit or surety bond to guarantee. Approximately, forty-three percent (43%) of the sidewalks have been installed in Henry Fischer's subdivision, where they will not be damaged during the construction of a home. It is impractical to construct sidewalks in the remainder of the subdivision at this time when future construction activity of a home would destroy most of the sidewalk on the lot. The three forms of guarantee for required improvements provided in the Land Development Code are unworkable for sidewalks because sidewalks are not installed until after a lot is sold and the home constructed. In the current economy it could be years before all of the lots in Cross Creek Lake Estates are developed. Bonds and letters of credit are not available for indefinite periods of time and it would be a hardship to have to post a cash bond for an unknown period of time. The Land Development Code recognizes that the three (3) typical forms of guaranteeing subdivision improvements are not always appropriate by providing for an "alternate irrevocable form" of guarantee. As previously stated, a substantial portion of the sidewalks have already been installed. The Declaration of Conditions, Covenants, Easements and Restrictions for the subdivision requires every lot owner to construct a sidewalk to the construction standards required by the City, along the entire length of that owner's lot before a Certificate of Occupancy is issued. See Article VI Section 24 Sidewalks of the Declaration. Honorable Mayor Bob McPartlan April 11, 2013 Page 2 of 2 As further assurance to the City that the sidewalks will be installed, Cross Creek Lake Estate, Inc. and Campanelli Development Corporation, Inc. as set forth below irrevocably guarantee that when ninety-five percent (95%) of their respective Total Lots have been sold and a home constructed thereon each will be responsible for constructing the sidewalk on the remaining unsold five percent (5%) of their Total Lots, thereby insuring that the private road right-of-way within Cross Creek Lake Estates will contain a complete sidewalk system. Very t ly yours,, , Warren W. Dill Acknowledgement and Guarantee Cross Creek Lake Estates, Inc. for itself and its successor and assigns, hereby acknowledges that it has read the foregoing and agrees therewith and further irrevocably guarantees that when ninety-five percent (95%) of its Total Lots have been sold and a home constructed thereon it will construct a sidewalk on the remaining unsold five percent (5%) of its Total Lots. Cross Creek Lake Estates, Inc., a Florida corporation Hen A. Fischer, President Dated this // day of 2013 Attest: Charles A. Cramer, Secretary Campanelli Development Corporation, Inc. for itself and its successor and assigns, hereby acknowledges that it has read the foregoing and agrees therewith and further irrevocably guarantees that when ninety- five percent (95%) of its Total Lots have been sold and a home constructed thereon it will construct a sidewalk on the remaining unsold five percent (5%) of its Total Lots. Campanelli Development Corporation, Inc. a Florida corporation '" ? alph Campane� , President Doted thisM day of ✓-� 2013 Attest: 41ecretary (Nid name) W WD/jib Enclosure w: IclientsWefifischer, henry, hank, ericicross creek lake estates, tncleasement with campanelli development corplmcpartlan Itr 4-10-13.doc