HomeMy WebLinkAboutR-93-62RESOLUTION NO. R-93-62
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTYv FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN, ON BEHALF OF THE CITY, A DEVELOPMENT
AGREEMENT WITH SEBASTIAN LAKES ASSOCIATES, A FLORIDA
GENERAL PARTNERSHIP; PROVIDING FOR RECORDING; PROVIDING
FOR SUBMITTAL OF A COPY OF THE RECORDED DEVELOPMENT
AGREEMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Sebastian Lakes Associates, a Florida general
partnership, has requested that the City sign a Development
Agreement; and
WHEREAS,
reviewing the
the City Council of the city of Sebastian, after
proposed Development Agreement submitted by
Sebastian Lakes Associates, for its approval, after conducting
two public hearings in accordance with Section 163.3225(1),
Florida Statutes, and Section 26-210 of the Code of Ordinances of
the city of Sebastian, and after engaging in deliberations, has
determined that it would be in the best interest of the City of
Sebastian and its citizens, and in furtherance of a valid
municipal purpose, for the City of Sebastian to enter into the
proposed Development Agreement with Sebastian Lakes Associates.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. RECITALS. The recitals contained in this
Resolution are hereby adopted by the City Council of the City of
Sebastian.
Section ~. ~GREEMENT. The Mayor and the city Clerk of the
City of Sebastian, Indian River County, Florida, are hereby
authorized to sign, on behalf of the City, the proposed
Development Agreement submitted by Sebastian Lakes Associates,
the proposed Development Agreement having been attached to this
Resolution as Exhibit "A" and by this reference is incorporated
herein.
Section 3. RECORDING AND SUBMITTAL. The original
Development Agreement shall be forwarded by the City Clerk to the
Clerk of the circuit Court for Indian River County for recording.
A copy of the recorded Development Agreement shall be submitted
to the Florida Department of Community Affairs by the Director of
Community Development.
Section 4. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 5. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that
the City Council of the city of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 6. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Counci lmember 0~~.
seconded by Councilmember _~~/
being put into a vote, the vote was as follows:
The motion was
and, upon
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon decla~olution duly passed and
adopted this /~ day of , 1993.
~nnie R. P~e~/ ~ay~ /
Kathryn ~. O'Halloran, CMC/AAE
City Clerk
(SEAL)
approved~~~rm and Content:
Ch~'rles Ian Nash, ~ity Attorney
DEVELOPER'S AGREEMENT RELATING TO S_EBASTIAN
THIS AGREEMENT is made thi~ ~__ day of~ 199ti between SEBASTIAN
iAKE$ ASSOCIATES, a Florida general partnership and ~ successors in interest to the
Property as hereinafter defined ("Associates"), and the CITY OF SEBASTIAN, a Florida
municipal corporation ("the City").
A. Associates is the owner and/or developer of property located within the City
of Sebastian and more particularly described in Exhibit "A" (attached hereto and made a
part hereof), hereinafter referred to as the Property.
B. The Property, pursuant to Ordinances 202-8 and 0-88-45 of the City of
Sebastian adopted on June 11, 1984, and December 7, 1988 respectively, consists of 35.5
acres which is included within a Residential Planned Unit Development (PUD-R) zoning
district ("Sebastian lakes PUD") and 17.57 acres which is zoned CG Commercial. Of the
acreage designated commercial, approximately 3.31 acres is or shall be required to be
dedicated for Roseland Road.
C. As of the date of this Agreement the Sebastian Lakes PUD has been
developed with 64 multi-family units and a County Libr facili
D. Ordinances 202-8 and 0-8845 require the developer of the Property to
undertake certain transportation improvements and to dedicate the right of way for certain
roadway improvements in conjunction with certain development on the Property.
E. The City wishes to have certain of those roadway improvements constructed
at this time and to have dedications of right of way made at thi~ time although Associates
is not presently developing the Property.
F. Associates is agreeable to funding the construction of certain of those
improvements and the dedication of right of way at this time, prior to the development of
the Property provided that the Property retains certain development rights as necessary to
ensure the fights of Associates and its successors in tire to develop the Property as
described herein.
G. This is a Developer's Agreement as authorized by Ordinance of the City of
Sebastian and by Sections 163.3220 to 163.3243, Florida Statutes, the Florida Local
Government Development Agreement Act.
H. The City has conducted two public hearings prior to the approval of thi~
Agreement. Those hearings were held on November 10, 1993 and November 17, 1993 with
the November 17, 1993 hearing continued until December 15, 1993.
NOW, TI~REFORE, in consideration of the promises and mutual covenants
contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
herein.
2. Uses Permitted. The present comprehensive plan land use and zoning
designations of the Property permit the Property to be developed with 17.57 acres of
commercial use (less the acreage dedicated or required to be dedicated for right-of-way) and
284 additional residential units on 35.5 acres. CPermitted Uses").
3. Am}royals Received and Required.
a. The Property has received the following approvals:
(1) The necessary comprehensive plan land use approval and
zoning approvals to permit the Property to be developed with
the Permitted Uses;
(2) The Property is included within a Plat entitled the Sebastian
Lakes, Unit 1 Plat, which is recorded in Plat Book 12, Page ll-
A of the Public Records of Indian River County;
(3) Conceptual approval for the Sebastian Lakes PUD.
b. Before the Property may be developed with the Permitted Uses, the
developer of such uses shall be required to obtain the following
additional approvals from the City:
(1) Tracts G and G-1 require final development plan approval and
building permits;
(2) The remainder of the Property requires preliminary and final
development plan approval and building permit.
-2-
4. Public Facilities. The public facilities necessary to serve the development of
the Property with the Permitted Uses are as follows:
Traffic Facilities. The additional roadway improvements necessary to
provide adequate capacity and safe access to serve the Property are the
following:
(1)
The construction of Laconia Street from Grnndenr Avenue to
FeHsmere Road as a two.lnne facility.
(a)
Associates has submitted to the City plnn.~ for the
construction of Laconia Street, which are described as
Roadway improvements - Laconia Street prepared by
Caulfield & Wheeler, Inc. and dated November 2, 1993
("Laconia Street Plans"). The Laconia Street Plans have
been approved by the City and the City hereby agrees to
issue a permit in accordance with the Laconia Street
Plans.
Co)
Associates has applied for a water management permit
from the St. John's Water Management District
("SJWMD') to build Laconia Street. Associates will
commence construction of Laconia Street in accordance
with the Laconia Street Plans within 15 days after the
date that the SJWMD issues the water management
permit in accordance with the Laconia Street Plans, or
within 15 days of the date of execution of this
Agreement, whichever is later. Associates shall be
responsible for all construction costs to construct
Laconia Street in accordance with the Laconia Street
Plans. If the SJWMD fails to issue a water management
permit in accordance with the Laconia Street Plans
within 90 days of the date of thi.~ Agreement, then
Associates and the City will renegotiate this section of
the Agreement in order to determine the most
appropriate method of completing the construction of
Laconia Street.
(c)
Within thirty (30) days after execution of this Agreement
or prior to construction of Laconia Street, whichever
occurs first, Associates shall convey to the City the right-
of way for Laconia Street as described in Exhibit "B".
Upon completion of the construction of Laconia Street
in accordance with the Laconia Street Plans, the City
-3-
(2)
(3)
agrees to approve the construction and accept the
improvements to Laconia Street.
(d)
Associates will, prior to the City's acceptance of the
addition to Laconia Street, convey to the City a drainage
easement over that property described in Exhibit "C" to
this agreement ("Drainage Easement Area") in order to
provide drainage for the portion of Laconia Street to be
constructed. Associates shall have no obligation to
correct any drainage deficiencies that may exist with
respect to the portion of Laconia Street previously
constructed.
(e)
Associates has previously placed into escrow with the
City Attorney $65,000.00 for the construction of Laconia
Street. Within five (5) working days after the permit is
obtained by Associates for construction of Laconia
Street, the City Attorney shall return to Associates the
$65,000.00 which is being held in escrow.
The dedication of an additional 20 feet of right-of way for
Roseland Road and the construction of Roseland Road from
FeHsmere Highway (County Road $12) to Laconia Street.
Associates shall dedicate the additional 20 feet of right-of-way
as described in Exhibit "B" to this Agreement to the City of
Sebastian within sixty (~0) days of the date of thi.~ Agreement.
Associates or its successors in interest to the property that is in
a CG Commercial land use designation shall be required to
construct Roseland Road from Fellsmere Highway to Laconia
Street prior to the issuance of the first certificate of occupancy
for commercial use on the Property. Roseland Road shall be
constructed as a twenty-four foot wide two-lane facility without
curbing and with the customary swale drainage.
Turn Lanes and Traffic Signalization- Associates or its
successors in interest to the Property may also be required to
construct mm lanes or deceleration lanes to serve the Property
from Roseland Road or from Fellsmere Highway and to
provide for such traffic signalization as is warranted at the
intersection of Fellsmere Highway and Roseland Road. Such
improvements which are necessary to provide safe and adequate
access to the Property shall be determined at the time of site
plan approval for the development of the Property.
-4-
Water and Sewer. The water and Sewer facilities necessary to serve
the Property are, based upon the data in the Comprehensive Plan,
expected to be adequate w provide for the development of the
Property with the Permitted Uses as described in Exhibit 'D' to this
Agreement. The reservation of capacity and conditions for connecting
to the utility systems that serve the Property are the subject of separate
agreements, or where not covered by existing agreements shall be
addressed through future agreements.
.Recreation and Open Space. The City's level of service for parks and
recreational facilities as adopted in its Comprehensive Plan is two
acres per one thousand residents. The Comprehensive Plan states that
based upon the adopted level of service, the City has adequate park
and recreational facilities to accommodate the growth of the City
beyond the year 2010.
~_ol/~L_W_.~. The City's Comprehensive Plan shows that the existing
landfills that serve the City have adequate capacity to serve the City's
needs for more than 25 years.
Develooment.Ri_v_hts of Associates. Pursuant to this Agreement:
The City shall not during the effective period of this agreement alter
the Comprehensive Plan Land Use designation and/or zoning for the
Property, except at the request of the then owner of the portion of the
Property for which the change' is requested.
Associates shall be entitled to develop the Property in accordance with
the Permitted Uses provided that Associates complies with provisions
of Section 4.a. above and obtains the further approvals required as
described under Section 3.b. City shall not unreasonably withhold such
approvals and shall review applications for such approvals based on the
findings as set forth in Section 4 regarding the adequacy of public
facilities.
The development of the Property in accordance with the above stated
provisions of this Agreement is consistent with the Comprehensive
Plan and land development regulations of the City of Sebastian and
will meet all traffic, parks and recreation, and solid waste concurrency
requirements for the development of the Property with the Permitted
Uses.
-5-
Should Associates or its successors in interest to all, or a portion of the
Property, obtain approval for an amendment to the Comprehensive
Plan Land Use designation and zoning for the Property to change the
Permitted Uses, then the Property shall be deemed to meet traffic
concurrency for the development of uses that do not exceed the traffic
impacts of the Permitted Uses as described in Exhibit D to this
Agreement. If such a change of uses does exceed the traffic impacts
of the Permitted Uses then the Developer of such new uses shall be
required to meet traffic concurrency only for the traffic impacts which
are additional to the traffic impacts of the Permitted Uses. Such
additional traffic impacts shall be calculated by comparing the trip
generation of the Permitted Uses to the trip generation of the new
uses. In addition such a change of Permitted Uses shall be deemed to
have met concurrency for Parks and Recreation for that number of
residential units which generate the same number of residents as the
Permitted Uses.
6. Additiolaal Permits. Conditions. Restrictions and Terms. To the extent that
this Agreement has failed to address a requirement for a particular permit, term, condition
or restriction, such failure shall not relieve Associates of the necessity of comply with the
law governing such permitting requirements, conditions, term or restriction provided that
any such City permit, condition, term or restriction does not prevent Associates from
enjoying the development rights as set forth in Section 5 of this Agreement, which rights
have been granted in exchange for Associates agreement to provide infrastructure
improvements prior to the development of the Permitted Uses.
7. I_!llll;l.O_]~. City shall support and provide reasonable assistance to
Associates in obtaining impact fee credits from Indian River County for the dedication of
right-of-way for and construction of Roseland Road.
8. Term. This Developer's Agreement shall be valid for a period of ten years
from the date of the Agreement.
9. Recordation. This Agreement shall be recorded in the public records of
Indian River County and shall be binding upon and inure to the benefit of the successors
and assigns of the parties.
-6-
10.
addresses:
All notices pursuant to tb~s Agreement shall be sent to the followi.t~
As to Associates:
Sebastian Lakes Associates
c/o St. Paul Corporation
e/o Chase Manhattan Bank, N.A.
101 Park Avenue
New York, New York 10178
Attention: Cheryl Freindlich
As to City:
Community Development Director
City of Sebastian
1225 Main Street
Sebastian, Florida 32978
11. Attorneys' Fees and Costs. The prevailing party in any suit brought to enforce
the terms of this Agreement shall be entitled to recover its reasonable attorneys' fees and
COsts incurred in the litigation and appeal of such an action. The prevailing party shall be
the party that prevails following the exhaustion of all appeals.
12. Veuue. Venue for purposes of any litigation brought by either party to enforce
this Agreement or determine rights and obligations of the parties pursuant to this
Agreement shall be Indian River County, Florida.
13. l)~te of thi~ ~A~-eement. The date of this Agreement shall be the date the
Agreement is fully executed.
14. F. ntire _Agreement. Except as specifically stated herein, this Agreemem and
the Ev3xibits referenced herein COnstitute the entire agreement between the parties and
supersedes all agreements, representations, warranties, statements, promises and
understandings not specifically set forth in this Agreement and specifically supersedes and
renders null and void that Agreement between Associates and the City dated March 31,
1992. Neither party has in any way relied, nor shall in any way rely, upon any oral
agreements, not specifically set forth in thi~ Agreement or in such documents.
15. ~!l.e,g. lIm_e~. Neither this Agreement nor any term hereof may be changed,
waived, discharged or terminated orally, but only by an instalment in writing signed by the
party against which enforcemem of the change, waiver, discharge or termination is sought.
16. ~. The headings in this Agreement are for purposes of reference only
and shall not limit or otherwise affect the meanings hereof.
-7-
IN WITNESS WHEREOF. the parties have executed thi.q Agreement on the date
specified below, with the City authorized to execute this Agreement following public
hearings on 10o,,~Xa ~ ~ }~ and
CITY OF SEBASTIAN, a Florida
~.,,~.~ ~.-/, ~'~. M~r
STATE OF ~ ~ ~' ~) ~' )
COUNTX or]2~I ~ m~ ~~ ~ ss:
~ fox,gore ~~=, w~ ~ow~ag,a u~eo~ m, ~s Eh~y of ~ ~99~
by Ae.~J~ ~. ~a~ ~ Mayor of the C~ OF SEB~~, a Eofida m~dpfl
~orafiom on beh~ of ~e eo~oration. He/~ perso~y appe~ed before me, 2/~
pe~0n~ ~o~ to me ~ ~ id~.~o~ ~d [did] ~
~e ~ oa~.
[NOTARIAL SEAL]
No. tary:
Print Nam~¢/
Notary Public, State of
My commission expires:
-8-
Wimess:
Witness:
SEBASTIAN I.~KES ASSOCIATES, a
Florida general parmership
St. Paul Corporation, General
Parmer
Name: .~
Title:
Address: c/o Chase Manhattan Bank
101 Park Avenue
New York, NY 10178
/day
STATE OF ~/'~-- )
) SS:
COU~ OF ~ iii~ )
The forego~g instrument was acknowledged before me this~._ day of~..~,-~(, 19~
by ~.~h,- ~ cii) ~ ~ ~ ~ '~ ~"efr0*,,7' of St. Paul Corporation,
Managing General Partner of Sebastian Lakes Associates, and Sebastian Lakes Associates,
a Florida municipal general partnership and its successors in interest on behalf of the
partnership. He/she personally appeared before me, is/are personally known to me ~
~prc, d"_ced . ' ' ' and [did] [did not] t~
[NOTARIAL SEAL]
Print Nme:<,.. ' i
Notary Public,'~t~."of:-~ ''~ :' '
,._ . ~:.
DERRICK A. LOVETT
Notary Public. State ot New York
No. 24-4946162
Qualified in Kings County
Commission Expires Jan. 27
-9-
EXHIBIT
All of the Plat of Sebastian Lakes Unit 1 as recorded in Plat Book 12,
Page 11-A of the Public Records of Indian River County.
Lexs the following described properly:
Tract B of said Sebastian Lakes Unit 1 Plat
And less the following described property:
COMMENCE at the Northeast corner of Section 23, Township
31 south, Range 38 east, Indian River County, Florida.
Thence, run $. 73036'50" W., for a distance of 1,473.03 feet to
the Point of Beginning for the herein described parcel of land;
Thence, run S. 37~43'45'' W., for a distance of 72.00 feet;
Thence, run S. 52006'25" E., for a distance of 318.03 feet;
Thence, run S. 11°02'49~E., for a distance of 18.71 feet;
Thence, nm $. 3'P53'35" W., for a distance of 281.76 feet, to the
point of curvature on a circular curve concave to the Northeast,
having a radius of 261.80 feet;
Thence, nm Southeasterly along the arc of said circular curve
for an arc distance of 220.76 feet; through a central angle
48°18"46';
Thence, nm S. 10°25'12" E., for a distance of 13.43 feet, to the
point of curvature on a circular curve concave to the Northeast,
having a radius of 119.24 feet;
Thence, nm Southeasterly along the arc of said circular curve
for an arc distance of 68.44 feet, through a central angle of
32°53'06,,;
Thence, nm N. 46041'42'' E., for a distance of 42.00 feet, to the
point of non-tangency on a circular curve concave to the
Northeast, having a radius of 77.24 feet;
A-1
Thence, run Northwesterly along the arc of said circular curve
for an arc distance of 44.33 feet, through a central angle of
32°53'06";
Thence, run N. 10°25'120 W., for a distance of 13.43 feet, to the
point of curvature on a circular curve concave to the Northeast,
having a radius of 219.80 feet;
Thence, run Northeasterly along the arc of said circular curve
for an arc distance of 18534 feet, through a central angle of
48°18'46";
Thence, run N. 37,53'95' E., for a distance of 102.90 feet;
Thence, nm N. 87"53'35" E, for a distance of 241.41 feet;
Thence, nm N. 59°00'32" E, for a distance 144.88 feet;
Thence, nm N. 30059'28" W., for a distance of 111.00 feet;
Thence, nm $. 59°00'32" W., for distance of 91.45 feet;
Thence, nm S. 87'53'35" W., for a distance of 131.37 feet;
Thence, nm N. 37"53'35" E., for a distance of 102.58 feet;
Thence, nm N. 52006'25" W., for a distance of 374.34 feet, to
the Point-of-Beginning for the above-described parcel of land.
Said parcel of land contains 1.994 acres and lles wholly in
Indian River County, Florida.
And less the following described property:
COMMENCE at the Northeast corner of Section 23, Township
31 south, Range 38 east, Indian River County, Florida.
Thence, nm S. 72°02'07" W., for a distance of 1531.95 feet, to
the Point-of-Beginning for the herein described parcel of land;
Thence, run S. 52°06'25" E., for a distance of 318.03 feet;
Thence, nm S. 11°02'49" E., for a distance of 18.71 feet;
A-2
Thence, mn S. 37'53'35" W., for a distance of 281.76 feet, to the
point of curvature on a circular curve concave to the Southeast
having a radius of 261.80 feet;
Thence, nm Southeasterly along the arc of said circular curve
for an arc distance of 220.76 feet, through a central angle of
48°18'46";
Thence, nm $. 10°25'12" E., for a distance of 13.43 feet to the
point of curvature on a circular curve concave to the Northeast
having a radius of 119.24 feet;
Thence, nm Southeasterly along the arc of said circular curve
for an arc distance of 68.44 feet through a central angle of
32°53'06";
Thence, nm S. 46041'42" W., for a distance of 213.60 feet;
Thence, nm S. 89°44'50" W., for a distance of 578.66 feet to aa
intersection with the Easterly Right-of-Way line for County
Road 512 (Fellsmere Road);
Thence, nm N. 37o43'45" E., along said Right-of-Way line for a
distance of 1095.78 feet tO the Point-of-Be~nnlng for the above
described parcel of land. Said parcel of land contains 8.391
acres and lies wholly within Indian River County, Florida.
And less the following described property:
Parcel No. 1, Replat - Subdivision of Tract C, Sebastian Lakes
Unit 1, as recorded in Plat Book 13, Page 1, of the Public
Records of Indian River County, Florida.
A-3
' 1 O0 50 1 O0 2 O0
TRACT 'F"
Exhibit "B"
NORTHWEST CORNER
TRACT 'F'
( IN FEET)
1 INCH = 100 FT.
TRACT 'A'
DESC~-T~: (ADDITIOHAL RiGHT-OF-WAY)
A Parcel'of )and being a Portion of Tract 'C", "SEBASTIAN LAKES UNIT 1", as
recorded in Plat Book 12, Pages 11 and llA of the Public Records of Indian
River County, Florida, being more Particularly described as follows:
BEGINNING at the southeas~ corner of said Tract *'C"; thence N 00° 29' 14" W
.along the East Iine thereof, a distance of 1317.14 feet to a Point of
curvature of a curve to the left having a radius of 225.00 feet and a
,central-angle of Si' 47' 01"; thence Northerly and ~esterly along the arc
of said curve, · distance of 203.35 feet; thence ~ 52e 16' 15" N along the
North line of said Tract "C", ·
, di'stence of 670.$2 feet to the Northwest
corner of said Tract "C"; thence S 37· 43' 4S" W along the West line of
said Tract "C', also being the Easterly line of the 120.00 foot wide right-
of-way for County Road 512 (Fellsmere Road), a distance of 20.00 feet to a
point of intersection with a 1/ne 20.00 feet South of and Parallel with the
~orth line of said Tract "C": thence s 52' 16' 15" E, along said Parallel
J/ne, a distance of 673.84 feet to e Point of curvature of a curve to the
right having a radius of 225.00 feet end a central angle of 51' 47' 01"~
thence Easterly and Boutherly along the arc of said curve, a distance of
203.35 feet to s point of intersection with a line 10.00 feet west of and
parallel with the East line of said Tract "C"; thence S 00' 29' 14" E,
along said parallel line, a
intersection with the Sou~h ~istance of 1299.52 feet to s point of
line o~ said Tract 'C"; thence R 89' 30' 30"
along said South line. a distance of 10.00 feet to the POINT OF
Said lands situate in the City of.~bastien Indian River County, Flor/da.
Sub~ect to Easements, ~estrictions;~Reservations, Covenants, and Rights-of-
Way of Record.
Z~. -,. ;; ~ . ~,. :, ,.
.... · ~acne~ a~et'ch of Description, o~.~h~ hereon
certi£y that th~s"sketch.o£ Description meet~ the Ml~im~u~echntcal
Standagds ~et ~og~ i~ Rule ,2~-6 adopted .~y the.~l,~rld~'~ard £ ~and
Surveyors, pugsaan~,, to Florid~ ac~tu~ee 47~ 02? ' "~
seg. ~and SurVeyor t$~0~ i.
Z~ - 51'47'01'
R - 225.00'
L - 203.35'
" ' 'o.1
1'
~k?DDfllONAL RIGHT-OF-WAY - SKF_'TCH OF I)E$C~IPTI III Il I
TRACT 'C',
SOUI~ LINE
10.00' -
~ - 51'47"01"
R- 225.00'
L-
CORNER
TRACT 'C'
SCAb[ J"= 100'
DRN.By T. MM ~
cxD.sy ~
PA(~
L
POINT OF
W
W
EXHIBIT "C"
GRAPHIC SCALE
SEBAS~AN
LAKES
CONDOMINIUM
(ORB
PGS 4-115)
N 66'48'28' W
S ¢9'52'38'
N 83~0'00' W
284.17r
S 37'00"00' W
S 7715'19" W
S 82'21'00" W
TRACT
12'FLOW^GE/
DRAINAGE
EASEMENT
30~7'42' W
23'06'05'
LEGEND
P.O.C. - POINT OF COMMENCEMENT
P.O.B, - POINT OF BEGINNING
ORB - OFFICIAL RECORDS BOOK
PB - PLAT BOOK
PG. - PAGE
SEBASTIAN LAKES P,U,£
A SUBDI~SION
COMMON PROPERTIES
(ORB 750, PGS 72-*85)
PARCEL 1
REPLAT OF TRACT"C'
SEBASTIAN LAKES
UNIT 1
(P,B.13,PG.1)
N 40'05'04" E
946.01
TRACT
'F'
$ 76'03'19' W
S 89'44'50' W
P.O,B,
N W
100.00'
SOU~-IEAST CORNER
'I~ACT C 'SEBAS'I]AN LAKES UNIT 1
(P,B.12,PGS 11 & 11-A)
TRACT 'C'
L~CONIA STREET
N 52'04'25'
POINT OF
TERMINUS
TRACT'A*
IIII I II
(~) 7301.A W. PlJm~lto P&fk Rd,, Suit. IO0,A
BOCA RATON, FLORIDA 33433 /
(407) 392.199,1 ~
IIII II
~-- --·SEBASTIAN LAKES UNIT 1 ]
~GE__.- SKETCH OF DESCRIPTION
SHEET 1 OF 2
,BY T.M.M.
o.mY P,P,~.
NO. 2348
EXHIBIT "C"
NOTES:
1. Reproductions of this sketch are not valid unless sealed with an embossed surveyor's seal.
2. Lands shown hereon are not abstracted for Rights-of-Way, Easements, Ownership, or other
Instruments of Record.
3. Bearings shown hereon are relative to the record plat based on the West line of Tract "Bu
of said plat bearing N 00° 29' 14" W.
4. The "LAND DESCRIPTION" hereon was prepared by the Surveyor.
5. Data shown hereon was compiled from the Instrument of Record and does not constitute a
field survey as such.
DESCRIPTION:
A 12.00 foot wide Flowage and Drainage Easement lying in Tracts "A", "C# and "D", "SEBASTIAN
LAKES UNIT 1", as recorded in Plat Book 12, Pages 11 and llA of the Public Records of Indian
River County, Florida and "SEBASTIAN LAKES CONDOMINIUM", as recorded in Official Records Book
750, Pages 4 through 115 of said Public Records. The centerline of which being more
particularly described as follows:
COMMENCING at the Southeast corner of Tract "C" of said "SEBASTIAN LAKES UNIT 1"; thence N 00"
29' 14" W along the East line of said Tract "C#, a distance of 100.00 feet to the POINT OF
BEGINNING; thence S 89° 44' 50" W, a distance of 50.41 feet; thence S 76° 03' 19" W, a distance
of 244.91 feet; thence S 89" 44' 50" W, a distance of 360.97 feet; thence N 30° 27' 42" W, a
distance of 498.67 feet to Point #A"; thence S 82e 21' 00" W, a distance of 361.64 feet; thence
S 49" 52' 38" W, a distance of 112.87 feet; thence N 66" 48' 28" W, a distance of 45.80 feet;
thence S 77° 15' 19" W, a distance of 48.44 feet; thence S 37° 00' 00" w, a distance of 139.91
feet; thence N 83° 00' 00" W, a distance of 284.17 feet; thence S 37° 00' 00# W, a distance of
283.43 feet; thence N 53" 00' 00" w, a distance of 69.97 feet to a point of intersection with
the Easterly right-of-way line of County Road 512 (Fellsmere Road) also being the POINT OF
TERMINUS; thence from aforesaid Point "A#, N 23 06' 05" E, a distance of 148.22 feet; thence N
40° 05' 04# E, a distance of 946.01 feet; thence N 52" 04' 25" E, a distance of 215.26 feet to
a point of intersection with the South right-of-way line of Roseland Road, also being the POINT
OF TERMINUS.
Sidelines of said easement should be shortened or lengthened to terminate at the East right-of-
way line of County Road S12 (Fellsmere Road) and the South right-of-way line of Roseland Road.
Said lands situate in the City of Sebastian, Indian River County, Florida
Subject to Easements, Restrictions, Reservations, Covenants, and Rights-of-Way of Record.
CERTIFICATE:
I hereby certify that the attached Sketch of Description of the hereon des~i~e'~:.'p'~operty is
true and correct to the best of my knowledge and belief as prepared ~der'm~.~ir~¢t'ion on
November 19, 1993. I further certify that this Sketch of Descr~lp~ion ~eet~ the/~mum
Technical Standard~ set forth in Rule 21HH-6 adopted by th~.Florida.~gaTd~o~ L~,$~Neyors,
pursuant to Florida Statutes 472.027
................... · -' ,, ... :.. ,....,,..:,.:
CAULFIELD & WHEELER. INC.
7301.A W, P&imetlo P~tk Sd., Suite iO0.A
SOCA flATON. FLORIDA 33433
· SEBASTIAN LAKES UNIT 1
· FLOWAOE/DRAINAGE - SKETCH OF DESCRIPTIO
F-XMIBIT "D"
S~BAST[AH LAKES P.U,D.
DAILY ANO P~ PEAR ~OUR
29-Nov-g3
LAND USE CODE UNIT
FIFTH EDITION ITE TOTAL TOTAL TOTAL
TRIP OENERATION MANUAL DALLY PERCENT PERCENT IN OUT
AVERAGE DALLY TRIP RATE TRIPS IN OUT TRIPS TRIPS
Commercial 820
Residential 210
267,872 sq.ft,* Ln(T) : 0.625 Ln(X} + 5.985 13,083 50.00% $0.00% 6,541 6,541
284 d,u. Ln(T) = 0.921Ln(d.u.} + 2.698 2,899 50.00{ 50.00% 1,350 1,350
TOTALS: 15,782 7,891 ?,891
PM PEAK HOUR:
ITE
LAND USE CODE UNIT
FIFTH EDITION ITE TOTAL TOTAL TOTAL
TRIP OENRRATION MANUAL PM PR HR PERCENT PERCENT IN OUT
AVERAGE PM PR HOUR TRIP RATE TRIPS IN OUT TRIPS TRIPS
Commercial 820 267,8?2 sq.ft.* Ln(T}: 0.637 Ln(X) + 3.553 1,229 50.00% 50.00% 615 615
Residential 210 284 d.u. La(T) : 0.902 Ln(d.u.) + 0.528 277 64.00Z 36.00Z 177 lO0
TOTALS: 1,508 792 714
sq.ft. : Square Feet
d,u. : Dwelling Units
T : Two-way Volume of Traffic
X : Area in 1,000 Gross Square Feet
17.57 acres X 43,560 X 0.35 lot covermge: 267,872 square feet