Loading...
HomeMy WebLinkAboutR-96-23RESOLUTION NO. R-96-23 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT AMONG THE CITY OF SEBASTIAN, PTC ENTERPRISES, INC. ("PTC") AND LENNAR NORTHEAST PARTNERS LiMITED PARTNERSHIP ("LENNAR"), THAT AGREEMENT BEING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND SEBASTIAN LAKES ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP; PROVIDING FOR RECORDING; PROVIDING FOR SUBMITTAL OF A COPY OF THE RECORDED 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, the City of Sebastian (the "City") and Sebastian Lakes Associates, (the "Developer") entered into a Development Agreement on February 9, 1994 by adoption of Resolution No. R-93-62, to develop real property under the provisions of 163.3220 and 163.3243, Florida Statutes, and the Florida Local Government Development Agreement Act; and WHEREAS, the Development Agreement required the Developer to construct improvements to Laconia Street and those improvements are found to be deficient in design and construction; and WHEREAS, Lennar and PTC have obtained interest in the subject property; and WHEREAS, Lennar is the owner of all of the subject property described in the Development Agreement less the PTC property. WHEREAS, the City will not issue development approvals to PTC or Lennar unless and until the deficiencies and construction of Laconia Street and its drainage system are corrected and Roseland Road is constructed to the satisfaction of the City; and WHEREAS, the City of Sebastian has negotiated aa Agreement amending the Development Agreement; and WHEREAS, the Planning and Zoning Commission for the City of Sebastian, in accordance with 163.3225, Florida Statutes, conducted a public heating on the proposed Agreement at a Special Meeting on February 8, 1996; and WHEREAS, the City Council of the City of Sebastian, in accordance with 163.3225, Florida Statutes, conducted a public hearing on the proposed Agreement, and, subsequent to deliberation, 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 Agreement with PTC Enterprise, Inc. and Lennar Northeast Parmers Limited Partnership. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. AGREEMENT. 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 Agreement amending the Development Agreement with Sebastian Lakes Associates, the proposed Agreement having been attached to this Resolution as Exhibit "A" and by this 2 reference is incorporated herein. ~ RECORDING AND SUBMITTAL. The original 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. ~. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. 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. upon its adoption. The foregoing ? EFFECTIVE DATE. This Resolution shall take effect immediately Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright Vice-Mayor Walter W. Barnes Couneilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Resolution duly passed and adopted this/~-, day of ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk CITY OF SEBASTIAN, FLORIDA By: ~, ~,~ ~4~ ~_-e~~ Louise'R. Cartwright, Mayor &' (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 4 and among PTC ENTERPRISES, INC., hereinafter re~r~d to as PTC , LENNAR NORTHEAST PARTNERS LIMITED PARTNERSHIP, hereinafter referred to as "Lennar" and the CITY OF SEBASTIAN, a Florida Municipal Corporation, hereinafter referred to as "City" RECITALS: WHEREAS, the City and Sebastian Lakes Associates, hereinafter referred to as "Developer" entered into a Developer's Agreement, hereinafter referred to as the "Development Agreement" on February 9, 1994, to develop the real property (property) described on Exhibit "A" to the Developer's Agreement under the provisions of Sections 163.3220 to 163.3243, Florida Statutes, and the Florida Local Government Development Agreement Act; and, WHEREAS, the Developer's Agreement required the Developer to construct Laconia Street as a two lane facility from Grandeur Avenue to Fellsmere Road; and, WHEREAS, the Developer undertook the construction of such street, but there are deficiencies in the design and construction of such street and its drainage system; and, WHEREAS, Lennar and PTC acquired their respective interests in the property described in Exhibit "A" and Exhibit "B" attached hereto as successors in interest to the Developer; and, WHEREAS, PTC desires to obtain the development approvals to commence construction on the "PTC Property" which is described in Exhibit "B" attached hereto subject to the Developer's Agreement; and, WHEREAS, Lennar is the owner of all of the property described in Exhibit "A" to the Developer's Agreement less the PTC Property (the "Lennar Property"). WHEREAS, the City will not issue development approvals to PTC or Lennar unless and until (a) the deficiencies and construction of Laconia Street and its drainage system are corrected, and (b) Rose!and Road is constructed to the satisfaction of the City; and, WHEREAS, In order to obtain development approvals for their respective projects, PTC will build Roseland Road and Lennar will convey to the City the additional property to build Roseland Road, and the construction on Laconia Street is to be divided as follows: (1) PTC will undertake the construction of Laconia Street at the intersection of Roseland Road, and (2) Lennar will undertake all improvements to Laconia Street (other than the part to be improved by PTC), including any necessary drainage for Laconia Street; and, WHEREAS, the parties desire to reduce to writing their understanding and agreements, IT IS, THEREFORE, agreed as follows: 1. Recitals. The Recitals in this Agreement are true and correct and are incorporated by reference. 2. Lennar Construction of Laconia. Lennar shall reengineer and reconstruct Laconia Street and drainage facilities for Laconia Street in accordance with the Approved Lennar Plans from Grandeur Avenue to Fellsmere Road except for the improvements shown in Exhibit "C" (which are the improvements required to be constructed by PTC in order to connect and align Laconia Street with the newly constructed Roseland Road, which improvements are addressed in paragraph 3 hereof and referred to herein as the "PTC Laconia Street Improvements." Ail other improvements made to Laconia Street pursuant to this paragraph 2 shall be referred to herein as the "Lennar Laconia Street Improvements.") The reconstructed road shall include construction of an adequate surface and subsurface drainage system to build and maintain the road. The reengineering shall include the collection and analysis of geotechnical and materials information, including but not limited to asphalt and base course thicknesses with full gradation testing of the existing pavements on both the northbound lane and the twelve foot (12') wide southbound lane. Soil testing shall be performed to determine the suitability of the sub-base material for the roadway support. The reengineering analysis must include alternate pavement remediation plans including groundwater controls. The new roadway must meet standards outlined in the City of Sebastian Land Development Code, Article XVII, Required Improvement and Design Standards. Lennar will submit revised engineering plans (the "Lennar Plans") and technical information to the City Engineer within sixty (60) days of the execution of this Agreement. The revised engineering plans and reconstruction of Laconia Street and its drainage facilities must be approved by the City Engineer (the "Approved Lennar Plans"). The new roadway and drainage facilities must be reengineered and substantially constructed by Lennar within two hundred fifty (250) days from the date the Lennar Plans are approved by the City Engineer. The City's Engineer will inspect the road and drainage facilities within fifteen (15) days after notice from Lennar that the road and drainage facilities are completed. Lennar will correct any deficiencies within thirty (30) days if the City's Engineer finds any such deficiencies from the Approved Lennar Plans. Lennar will post a Performance Bond in the amount determined by the City engineer to be sufficient to complete the Lennar Laconia Street improvements with the City to secure the performance of its obligations under this Agreement. The Performance Bond must be approved by the City Manager and the City Attorney. Such Performance Bond must be issued by a surety which is authorized to do business in the State of Florida. Such surety shall be named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S.-Treasury Department. Ail bonds signed by an agent must be accompanied by a certified copy of the authority for the agent to act for the surety. On completion of all improvements and prior to the release of the performance bond, the engineer of record for Lennar shall provide an affidavit indicating that all improvements have been constructed in accordance with the Approved Lennar Plans. Upon delivery of such affidavit and the completion of the improvements to the satisfaction of the City, then either (a) if the PTC Laconia Street Improvements have been completed, the City shall accept the Laconia Street improvements into its permanent maintenance program, or (b) if the PTC Laconia Street Improvements have not been completed, the City shall agree to accept the Lennar Laconia Street Improvements into its permanent maintenance program upon completion of the PTC Laconia Street Improvements. The completion of the Lennar Laconia Street Improvements will be deemed satisfactory to the City if Lennar causes all deficiencies from the approved Lennar Plans identified by the City's engineer during his inspection to be corrected to the reasonable satisfaction of the City. 3. PTC Construction of Laconia. PTC will undertake the construction of Laconia Street at the intersection with Roseland Road in accordance with the plans and specifications which are attached as Exhibit "C." The plans and specifications for the PTC Laconia Street Improvements attached hereto as Exhibit "C," together with the Approved Roseland Road Plans (as defined in paragraph 5 below) shall be collectively referred to herein as the "Approved PTC Plans." PTC will apply for a building permit and all subdivision approvals as soon as possible after the execution of this Agreement. PTC shall substantially complete its improvements to Laconia Street within 210 days after the issuance of a building permit by the City of Sebastian. The City's Engineer will inspect the road and drainage facilities within fifteen (15) days after the road and drainage facilities are completed. PTC will correct any deficiencies within thirty (30) days if the City's Engineer finds any deficiencies. PTC will post a Performance Bond in the amount determined by the City engineer to be sufficient to complete all improvements called for by the Approval PTC Plans with the City to secure the performance of its obligations under this Agreement prior to issuance of the building permit. Such Performance Bond must be approved by the City Manager and the City Attorney. Such Performance Bond must be issued by a surety which is authorized to do business in the State of Florida. Such surety shall be named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority of the agent to act for the surety. On completion of all the PTC Laconia Street Improvements and Roseland Road and prior to the release of the performance bond, the engineer of record for PTC shall provide an affidavit indicating that all of the PTC Laconia Street Improvements and Roseiand Road have been constructed in accordance with the Approved PTC Plans. On completion of the PTC Laconia Street Improvements and Rose!and Road in accordance with the Approved PTC Plans, the City will accept such improvements into its permanent maintenance program. 4. giqht of Way Deeds and Easements. PTC shall dedicate utility easements to Indian River County in a form approved by the County to provide for public water and wastewater facilities as described in Exhibit 'D." PTC will dedicate drainage easements to the City for the drainage of Roseland Road as described in Exhibit "E." The easements shall be in a form approved by the City Engineer and the City Attorney. 5. Roseland Road. In accordance with the Developer's Agreement, PTC will construct for the City a two lane road with turning lane and drainage facilities known as Roseland Road from Fellsmere Road (C.R. 512) to Laconia Street within 210 days after the building permit is obtained by PTC. The roadway and drainage facilities will be designed and constructed in accordance with good engineering practice and the plans PTC has submitted to the City shown as Exhibit "F" (the "Approved Roseland Road Plans"). The City's Engineer will inspect the road and drainage facilities within fifteen (15) days after the road and drainage facilities are completed. PTC will correct any deficiencies within thirty (30) days if the City's Engineer finds any deficiencies. 6. Relocation of Roseland Road. The right of way on the property for Roseland Road must be relocated to align properly with the Roseland Road right of way north of C.R. 512. Lennar will convey to the City the real property described in Exhibit "G" and quit-claim to PTC the real property described in Exhibit "H" simultaneously with the City's vacation of the real property described in Exhibit "H," the City's quit-claiming the real property described in Exhibit "I" to PTC, and the payment by PTC to Lennar of certain sums of money, the amount of which is set forth in a separate unrecorded agreement between Lennar and PTC. ?. Joint Cooperation. PTC and Lennar acknowledge Laconia Street provides access to occupied residential units. Access to the residential units must be maintained at all times during construction. PTC and Lennar must cooperate in engineering, scheduling and conducting the construction of the roadway and drainage improvements for Laconia Street and Roseland Road in order to provide for the maintenance of traffic, maximize public safety, and minimize public inconvenience. PTC and Lennar, within ten days of the execution of this Agreement, shall provide the City written plan coordinating and scheduling the engineering and construction which will accomplish these objectives. This plan must be approved by the City Engineer (Masteller & Moler, Inc.) prior to the commencement of construction of any road or drainage improvements. The City Engineer shall approve the plan within thirty (30) days of the date it is submitted. If the City Engineer does not disapprove the plan within such thirty (30) day period, it shall be deemed approved by the City Engineer. If the date of approval is more than ten (i0) days after the date of submittal, the time for completion of the Lennar Laconia Street Improvements will be extended by the number of days in excess of ten (10) . The cost of implementing the plan shall be split equally between PTC and Lennar. PTC and Lennar's compliance with the plan after approval by the City Engineer is considered a material duty obligation of each under this Agreement. 8. Completion of Improvements. PTC must complete all of the improvements for which PTC is responsible on Roseland Road and the PTC Laconia Street Improvements and the final plat for Tracts 1 and 2, described in Exhibit "B", must be accepted prior to the issuance of a certificate of occupancy for any part of the PTC Property. 9. Separate ResDonsibi!itv. PTC and Lennar will be responsible for carrying out their respective duties and responsibilities under this Agreement, but shall not be responsible for fulfilling the duties of any other party under this Agreement. !0. Notice Provision. All notices, requests, consents, and other communication required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, or mailed by registered or certified mail (postage prepaid) re~urn receipt requested, or sent by overnight carrier (such as Federal Express) addressed to: IF TO PTC Patrick T. Christiansen, President PTC Enterprises, Inc. 12th Floor Citrus Center 255 South Orange Avenue (32801) Post Office Box 231 Orlando, FL 32802-0361 IF TO LENNAR WITH A COPY TO: Lennar Northeast Partners, Partnership c/o Lennar Partners, Inc. 600 Peachtree Street, Suite 3500 Atlanta, GA 30308 Limited Rubin, Baum, Levin, Constant, Friedman & Bilzin, P.A. 2500 First Union Financial Center Miami, FL 33131 Attention: Audrey Ellis, Esquire IF TO THE CITY: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, Florida 32958 11. Buildinq Heiqht. Lennar and PTC agree to limit the building height on the real property described in Exhibits "A" and "B" to a maximum of thirty-five (35) feet. 12. Amendment to Developer's Aqreement. This Agreement constitutes an Amendment to the Development Agreement dated February 9, 1994, and any provisions of that Agreement which are not specifically amended in this Agreement shall remain in full force and effect. In the event of any inconsistency between the provisions of this Agreement and the Developer's Agreement, the provisions of this Agreement shall govern and control; 13. Severability. If any provision of this Agreement is held to be invalid or unenforceable by a Court of competent jurisdiction, the other provisions of this Agreement shall remain in full force and effect. 14. Entirety: This Agreement represents the entire understanding and agreement between the parties and no other agreements, either oral or written, exist between the parties. 15. Effective Date. This Agreement shall be effective upon its execution by all parties. IN WITNESS WHEREOF the parties hereto have set their hands and seals the day and year first written above. ATTEST: Kat~ry~ M. O'Halloran CMC/AAE, City Clerk CiTY: 7~uise R. Cartwright ~ Mayor Approved as to Form and Content: Clifton A. McC-lelland, City Attorney Jr. FTC ENTERPRISES, INC. LENNAR PARTNERS , PARTNERSHIP NORTHEAST LIMITED By LENNAR HOLDINGS, INC., Partner NORTHEAST General BY: Title: By: Mark P. Griffin Vice President ~TTACL42d.~ENT "._"-" LEGAL DESCRIPTION FOR OVERALL TRACT (~-~.=J CF TP~CTS 'A" ~XfD "B' =C.-ORD_NG TO TH= R-.~©aD PLAT OF SEEASTiA/'f LAKES ~T-~T~ ~,~- AS .... ~RDED __, PAGES ~ AND ~-. ~.=, ~=~ iN PLAT BOOK ~ __ ~ ~ z ~ 0~ T~E PUBLZC RECORDS OF iNDI~2~ RIVER COUNTY, t:,TD R~a~A~N~ ROAD, MORE :~rmTTr~Df,Z DESCRIBED AS: - ~ ' THENCE RUN 3EGi~[Nii~G ~m .,== NORTHERLY MOST CORNER OF TRACT 'A' ~'~.~mo~...=.,~;~=~v ALONG THE SOUTH LiNE OF FELLSMERE ROAD, ~fiCH iS ALSO TEE NORTH LiNE OF TRACT "A", A BEARING OF SOUTH ~7°~'=. 45' WEST A ~,,.~- OFzuv.-~ 29 FE~T=' TO lHm EASTWARDLY RiGHT-OF-WAY L~NE OF xuSELA~.ND ROAD; THENCE RUN SOUTH 52 16 iS' EAST ALONG SAiD mno~,,z=~= RZGHT-OF-WAY A D_~,~lC- OF 729 Ta FEET TO A POINT OF CURVATURE; RUN TgiENCE ALONG SAiD CURVE TO THE LEFT WITH SAiD CURVE [~AV!NG A R~3!US OF 25.00 FEET, A CHORD SEARING OF NORTH 63~39'39'' E,~-=~S': --a CHORD DZST~NCE OF 62.95 FT~_ET, ._a LENGTH OF 78.27 FEET, TO OO~a4'=5:' WEST A DIST~NCE CF 1225.46 FEE=, THENCE RUN SOUTH ~,.~-~ac,.~ ="~" WEST ~.' D!ST.~CE OF 15.20 FEET TO THE POINT OF B~G~qN~NG.= *' - SAiD PARCEL ,,uN~A~NS a.36 ACRES, MORE OR LESS. ATTACi{ME~?T "B" LEGAL DESCRiPTiON FOR TRACT i · ~v ....... ~m-~r~c TO THE RECORD PLAT OF TRACTS ~ ~=N~ "B" LAXES UNiT ONE, AS RECORDED iRC PLAT BCOK ~2, PAGES ii AND T~E PUBL£C RECORDS '0~- iNDI.~[ RIVER COUNTY, FLORIDA, z_GH~-OF-'~g. OF LACONIA .STREET WiTH PORTIONS OF VACATED ~r '~ ~--v RCSm~AN~ ROAD, MORE PA~.~z~mAR~ DESCRIBED AS: CO~S<ENCZ~G AT TEE KORTHERL/ MOST CORNER OF T~CT "A'; THENCE RUN ..,~=.~_..~.~ ALONG THEo~u~=~' LZNE OF FELLSMERE ROAD, ~iCn iS ALSO ~ .... __ ~- 43'45~' WEST.. A =~ }fORTH ~="~= CF .... m "A ........ ~xa~_ , ~ BE~ZNG OF SCUTH ~' D~c~''~?~=~,~=_ OF=~.'~ 72 FEET TO THE POINT OF BEGiNNiNG; THENCE CONTINUE ALONG SAiD SOUTHERLY RIGHT-OF-WAY SOUTH 37°43'45" WEST A DiSTanCE CF 590.5, ~EET TO THE EASTWA.RDLY RZGi~T-OF-WAY LiNE OF ROSEL~D RCA_D; THENCE RUN SOUTH 52°15'i5'' EAST ALONG SAiD EASTWARDLY RIGHT- CF-~AY A D£STD~CE OF 729.24 FEET TO A POINT OF CURVATURE; RUN i_lLBuZ A=~G SAiD CURVE ~O THE LEYT WITH SAID CURVE [~AViNG A PJ~DZUS OF 35.00 FEET, A CHORD BEARING OF NORTH 53°39'39" EAST, A CHORD CZSTANCE OF 62.95 FEET, k LENGT~ OF 78.27 FEET, TO THE WESTERLY R£SHT-CF-WAY LiNE CF LACONIA STREET; T~ENC2 RUN NORTH 00°24'26'' WEST A DiST22[CE CF 896.7& FEET; THENCE RUN SOUTH 37~43'&5'' WEST A DISTANCE OF i~0.90 FEET; THENCE RUN SOUTH 78°59'56'' WEST A DISTA~CE CF 40.53 FEET; THENCE RUN NORTH 52°18'15'' WEST A DISTANCE OF t75.2~ FEET TO THE POINT OF BEGiNNiNG. SAiD PkRC~L CONTAINS 7.97 ACRES, ATTXCP-,I~!ENT "C" LEGAL DESCRZPTZON E©R ZRXCT Z A P"R~ZONO ,~ OF TRACT "A", ACCORDING ~;~ m~E._. RECORD PLAT OF SEBASTIAN ....r.AKzS UNZT ONE, AS RECORDED ZN P~ BOOK ~?, PAGES !: ..... AND ~, OF ~ z~oouz~ ~_~OR~S OF iNDiAN RIVER COUNTY FLORZDA~ TOGETHER WITH ~ r.~m~.~.m OF ~AC~.~mD RiGHT-Of-WAY OF LACONIA STRmm=, ~ORE PARTICULARLY DESCRIBED AS: CC~2_4.ENCZNG AT THE NORTHERLY MOST CORNER 0F TRACT :'k"; THENCE RUN ZEE NORTH LiNE OF TRACT "A~', A BEARING OF SOUTH 37~43'~'.. WEST, A DiST:~,[CE OF l{ ~. ~ ' ,_= 72 FEET; THENCE RUN SOUTH 52 16 !5" E~ST A DISTANCE OY !76.2~ FEET; THENCE RUN NORTH 78~59'56' EAST A DiSTaNCE OF 40.53 F.-:E~., THENCE RU~ NORTH 37~43'45'' EAST, A DIST~CE OF i40.'91 FEET TO '~H-~ a WESTERLY RiGHT-OF-WAY LINE 0F LACONIA STREET; THENCE RUN NORTH ~.~0~24'26' WEST A DISTANCE OF 328.72 F~E.'E ~, ~==xrcv~.._,.~_ RU~ SOUTH 37~43'45 -';~=,~.m~ .... ~ DiSTi~ICi OF !6 20 FEET TO THE POINT 0F BEGiNNiNG. SA2D PARCEL CONTAINS 1.39 ACRES~ MORE OR LESS. LESAL DESCRiPTiON FOR ADDITIONAL ROSELA.ND ROAD PORTION Oiz TRACTS "C" A,XrD ~'T" , ACCORDING TO -r--~.H.m RECORD PLAT OF SEEASTiAN LAKES UN-~ ONE, AS RECORDED !N PLAto BOOK 12, PAGES !! AND ~i__., OF ~L~ul{~ PUBLIC RECORDS OF iNDi~ RIVER COUNTY, FLORIDA, MORE · _~a=:~ DESCRIBED AS: CC[~{E}fCiNG AT T_~iE NORTHERLY MOST CORNER OF TPJ!CT "A"; THENCE RUN ~-o~.~_-t~bT ALONG SOUTI~ LZNE OF FELLSMERE RO~ ~ZCI~ iS ALSO ~.-~- - ~ ~ ~ z .... n YE ~HENC~ CONTINUE ~lo~.~NC~ wF ~0~3.72 ~ ~ I{ POINT OF BEGiNNiNG; '~ ALONGo,-~ owU~H~R~~ ~'- r, RIGHT-OF-WAY SOUTH 37~43'a5", WEST A DiSTaNCE OF 70.57 FEET; THENCE RUN SOUTH 52~!~'15'' EAST A D!ST_~CE OF 729.40 F~:* ' TO A OF RUN -~ POI~ CURVATURE; THENCE ALONG SAZD CURVE TO THE RIGHT wz~w SAID CUR~ ~VZNG A ~IUS OF 225 00 wEEm 5 CHORD B=.~R,JG~' ~ OF SOUTE 26:22'45" EAST~ i CHORD D_S~2~NC~T m, ' OF ~o6.~0_~ FEET, ........~ ~=~GTH'-' CF 203 35 _~=v~_~., TO THE WES~VRLv RiGHT-OF-WAY r ~N~. = OF LACONIA STREET; THENCE RUN NORTH 00'29'!4" WEST A DISTANCE OF ~9.82 ~== z, i .... OF CTJRVATURE R~ T~ENCE ALONG SAiD CURVE TO TBiE 5EYT WiTH SAiD CUR%% ~ViNG A ~%US OF 225.00 .F_v~, A Ci~ORD BEARZNG OF NCRTE 25:22'45'' WEST, A CEQRD DIST.~YCE OF i96.50 A LENGTH OF 203.35 =Ev'~,= ~ THENCE R~ }fORTE ¢=2'!6' ~_~" WEST A DZST~=YCE CF 673.84 F~ET TO T~E POINT OF BEGi~iNG. SAiD PARCEL CONTAINS i.2! ACRES, MORE OR LESS. ATTACHMENT "E" LEGAL DESCRIPTION FOR UTILITY EASEMENT ...... ', ~ , .... w,,~.~ TO THE RECORD PLAT OF SEBASTIAN LAXES UNiT ONE AS RECORDED iN PLAT BOOK ~? PAGES 11 AkI~ ifA, OF THE ~UBLiC RECORDS OF iNDi~N RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS: CO[~{ENCiNG AT THE NORTHERLY MOST COP~ER OF TRACT "A"; THENCE RUN WESTWARDLY ALONG THE SOUTH LiNE OF FELLSMERE ROAD, WHICH iS ALSO THE NORTH LiNE OF T_R~.CT "A", A BEARING OF SOUTH 37°43'%$'' WEST, A DISTANCE OF 979.29 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAiD SOUTHERLY RiGHT-OF-WAY SGUT~ 37°4~'45~' WEST A DiSTA/~CE OF 25.00 FEET; THENCE RUN SOUTH ~2°i6'!5'' EAST A D!ST.%lqCE OF 574.14 FE~_~ THENCE RUN NORTH 37°~3'45!' EAST A DISTD_~CE OF 25.00 FEET; THENCE RUW NORTH $2°!5'i~'' WEST i D!ST~CE OF ~74.14 FEET TO THE POINT OF BEGiNNi)~G. SAiD P.a~RCEL CONTAINS .32 ACRES, MORE OR LESS. ~TTACi-~fENT ,' ¢- LEGAL DESCRIPTION FOR ' ~m¢ CAC .... D ROSELA_ND RiGHT-OF-WAY -nGRTiONS ;DF VACATED = ~,~::m_~- ¢_:.mv :-i .... ~'..uL.~.P~Y DESCRIBED AS: O? ROSELAaYD ROAD; MORE CC[.'£.!ENCiXG AT THE NORTHERLY MOST CCRaNER OF TRACT "A", ACCORDING TO iH-' RECORD PLAT OF SE.~ASTI~2T LAifES ~JNIT ONE, AS RECORDED iN PLAT ~.~K ==, PAGES !i :~YD z!A, OF THE Ptj~LZC RECORDS OF iNDIzL~ RIVER CS~Ui'[TY FLORIDA; THENCE RL~ ' =~" '¢ THE , W-o=~L. ALONG SOUTH LiNE ~_u.. IS ALSO THE NORTH LiNE OF T~CT "A" iELLS~.fERE ROAD, ~ 'T~ A mm=-~u OF SOUTH 37 43'45' WEST, A DiST~CE OF 934.3S ~EET TO POINT CE BEGiNNiNG; THENCE CONTINUE ALONG SAiD SOUTHERLY RIGHT-OF- WAY SOUTH 37°a3'45'. ~ST A Dr_S~.~NC_ ~ ~ OF 70.57 FE~T TO THE EASTWARDLY RitzY-OF-WAY LiNE OF ROSELD2~ RO~ TP~NCE R~ SOUTH S2o~o EAST ALONG SAiD EASTWARDLY RiGHT-OF-WAY A DiST~YC~ OF 729.24 FEET TO A POz.~ CURVATURE; RUN THENCE ALONG SAiD CURVE TO THE LEFT WITH SAiD CUR~ [~%ViNG A ~iUS OF 35.00 FEET, A CHO~ BEARING OF NORTH ~2~Z9'39'' EAST, A CHORD DIST~CE OF 62.95 FEET, A LENGTH OF 78.27 FEET.. TO THE '-W~S~mRLY RiGHT-OF-WAY LiNE OF LACONIA STREET; ~=-~..~NC_ RUN NORTH 00~24'25' WEST A DISTICH OF 17.75 FEET; THENCE R~ NORTH 52~i~'!5'' WEST A DiST.~YCE OF 745.80 FEET TO THE POINT OF BEGiNNiNG. SA2D PARCEL .CONTASNS 1.23 ACRES, MORE OR LESS. A PORTION OF VACATED RIGHT-OF-WA? OF LACONIA STREET, PARTICULARLY DESCRITaED AS: MORE 3ZGiNNiNG AT THE NORTHERLY MOST CORNER OF TRACT ..A., ACCORDi)IG TO THE RECORD PLAT OF SEBASTi.~I LAKES LrNiT ONE, AS RECORDED iN PLAT ECOK 12, PAGES !1 AND !iA, OF THE PUBLIC RECORDS OF iNDi_~ RIVER CSUNTY, FLORIDA; THENCE RUN WESTW~RDLY ALONG THE NORTH L/NE OF LACONIA STREET, r~iZCZ iS ALSO THE EAST LiNE OF TRACT "A", A BEARING CF SOUTH 00°24'25' EAST, A DZST~CE OF 1137.i3 FEET; THENCE RbT~ SOUTH 52~!~'13'' EAST, A DISTANCE OF 12.71 FEET; THENCE RUN NORTH 00°24'2~' WEST, A DZST.~CE OF !207.72 FEET; THENCE RUN SOUTH 37~4~3'4S' WEST, A DZST~XrCE OF !d.20 FEET TO TEE POINT OFBEGZArNiNG. SAiD PARCEL CONTAINS 0.28 ACRES, MORE OR LESS. LEGAL DESCRIPTION FOR PROPOSED SEWER LiNE A PORTION OF TRACTS "C" A=ND ,,r,, ACCORDING TO m--rr RECORD PLAT OF SE-~ASTiAN LAKES UNIT ONE, AS RECCRDED iN PLAT BOOK 12, PAGES !i AND i!_l, OF' THE PUBLIC RECORDS OF iND£A,-Y RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS' ~n,'vn',..~'=~rc~.jG · THENCE RUN ................. NORTHERLY :{CST CORNER OF T~CT , ~=-~v .... ~H_~n iS ALSO THE NC~Ti~ LiNE OF TRACT "A", A BEARING OF SOUTH 37°~_ '~5_ ~' WEST, A DiST~.TCE OF !0Sa 29 ~=-~ _. =-Z~ TO TDiE WESTERLY RiGHT-OF-WAY LiNE OF RCSELA}ID RO~; THENCE RUN SOUTH 52~!6'15'' EAST ALONG SAiD ROSELA~ ROA~ A D!ST.~NCi OF 615.37 FEET TO TF~ POINT OF BEGINNING; THENCE RUiC~OUTH 37~43~45'' WEST A DISTANCE OF 52.93 FEET; TF~NCE RL~ SOUTH 52 ~i6'!5'' EAST A DIST.~CE OF 15.00 FEET; T~NCE R~ NORTH 37 ~4~'45 ~' EAST A DiSTanCE OF 32.93 FEET; T~NCE R~ NORTiq 52°!6~!5'' ~ST A DiSTAI~CE OF !~.00 FEET TO TI=~ POINT OF BEGiNNiNG. SAiD P.~CEL CONTAZI[S 0.02 ACRES, MORE OR LESS. Ai'TAC>iMENT "i" LEGAL DESCRiPTiON FOR TuE_. VACATED u~=~=~.,._. PORTION OF ROSELAN~ ROAD ~ ':CRTiON OF THE VACATED RCSELAND RiGHT-OF-WAY, MORE PARTICUL'i~RLY ~ESCRiBED AS' CC~ENCiNG AT THE NORTHERLY MOST CORNER OF TPB_CT "A", ACCORDING TO ~ RECORD =LAT OF SEBASTi~2~ L~iKES ~' ~ ..... oN=~ ONE, AS RECORDED IN PLAT 3COK 12~ PAGES i! ~agND !!A~ OF THE PUBLIC RECORDS OF i._'~D!.%N RIVER ....... ~m~NC~ RUN 37: , . WEST ALONG THE EASTERLY ~.~v~ FLORIDA; ~ .... SOUTH 43 45 RiGHT-OF-WAY LiNE OF FELLSMERE ROAD ~COUNT¥ ROAD 512) A DIST~=~CE OF 923 72 FEET TO THE POINT OF BEGiNNiNG SAID ~IN~ ALSO BEING THE ~ORTL~ESTERLY MOST CORNER OF TRACT "B" OF SEBASTIAN LAfKES UNIT ONE, AS ~' =' ~ *~ PAGES ~ ~ND I!A OF THE PUBLIC n~RD~D ~N PLAT BOOK zz, -_ , RECORDS OF IN]Di~Y RIotER COUNTY, FLORIDA; THENCE RUN SOUTH 52°16'!5' EAST ALONG THE NORTHERLY LiNE OF LAST SAiD TRACT "B" A D!ST.~CE 745.80 FEET; FiaNCE RL~ SOUTH 00~24'26'' EAST A DiST~N'CE OF 17.74 FE==~ TO ~=E._. POINT OF CURVATURE OF A CURVE CONCAViNG W~STERLY ~ViNG k ~%D!US OF 25.00 ._~E~., A_ DELTA A=NGLE OF 28~59'08'', A C~ORD LENGTH ~.~'~ !7.52 i_IT~r.. ~ A CHORD BEA~%NG OF SCUT~ ~4~05'08'' WEST, RUN ALONG SA2~ ~ CURVE A LENGTH OF 17.~i- FEET; DEPARTING LAST SAiD CUR%~, '?HENCE RUN NORTH 52~!6'!5' WEST A DiSTz~YCE OF 763.79 FEET TO A POINT ON THE EASTERLY RiGHT-OF-WAY LiNE OF FELLSM~RE RO~; T~NCi ~T~ ~T.~ .... ._ LAST a~N.,~n__= 3~a3- 45' EAST ~LONG SAiD RiGHT-OF-WAY LiNE _.~a~~'~ O~. 20.00 FEET TO THE POINT OF BEGi~ING. SAiD P~CEL CONTAINS 0.52 ACRES, MORE OR LESS. ATTACi~{ENT "J" LEGAL DESCRIPTION FOR THE VACATED SOUTH PORTION OF ROSELA=YD ROAD A PORTION OF TEE VACATED RiGHT-OF-WAY FOR PARTICULARLY DESCRIBED AS' ROSELAND ROA~D , .-~'.~r.a~*~C~~,~.___.,,..~_ .... AT THE NORTHERLY ~OST CORNER OF TPR. CT "A" ACCORDING TO ~?___- RECORD :r~. ~..= OF SEBASTI.~Y L~KES O~'iT ONE, AS RECORDED !N ~LA~_ _ 3CCK 12, PAGES ii ~D !!A, OF THE PUbLiC RECORDS OF INDi.~ RIVER · ~,rT ~ ~ ~ ~ · ~ ~N~, ~R~A, T~ENCE RUN SOUTH 37~43 4~" WEST ALONG ~HE EASTERLY .__.~=~-OF-WAY Lf~E OF FELLSMERE RO~ ~ ~o~u~=Y RCA~ 5!2) A DiST~LNC~ OF ~962.72 7~iT 'PO TEE POINT OF BEGZ~iNG; T~NCE RUN SOUTH 32~1~'i3:' EAST A DiST.~WCE OF 763.79 FEET TO A POINT aN A CURVE CONCAVZNG WESTERLY ~ViNG A ~IUS OF RS.00 FEET~ A DELTA ~GL~ OF 87~09'Z4" I CHORD BEARING OF aOUTH 7Z~09'24~' W~ST, A ~HORD L~NGTH OF 48.2~ FEET~ RUN ALONG SAID GUR~ A DISTY~M~E OF $~.Z4 FEET TO A POINT ON A CURVE CON~AVING WESTERLY ~V!NG A ~iUS OF Z25.00 FEET~ A DELTA CHORD L~NGTH OF 66.4! FEET~ R~ ALONG LAST SAiD ~UR~ A DIST.~M~E OF ~6.~6 FE~T; THENCE RUN NORTK $2~16~!S'' WEST A DiST.~C~ OF 670.8Z YEET TO A POINT ON T[~ EASTERLY RIGHT-0F~WAY LiNE OF FELLSMERE RO~; THENCE RU~ NORTH 37~3'45" EAST ALONG LAST SAiD RiGhT-OF-WAY LiNE A DiST_~NCE OF 30.00 FEET TO T~ POINT OF BEGiNNiNG. SAiD PARCEL CONTAINS 0.53 AC~S, MORE OR LESS. ATTACi~-ENT "K" LEGAL DESCR-~PTION FOR THE VACATED DEEDED POR~,.ON OF ROSELAi~D ROAD A PORTION OF THE VACATED R,~"~=~=~_~_...~_~,w '~;nv~ OF RCSEL~i~D ROA~D~ ~OR=~. - PARTICULARLY DESCRIBED AS -* ~'~c'NriNG AT THE NOR~HERLv MOST CORNER OF TRACT 'A" ACCORDING TO THE RECORD PLAT OF SEBAST!.~'~ LAKES UNIT ONE: AS RECORDED iN PLAT BOOK 12, PAGES ~ A~N'D 1iA, OF THE PUBLIC RECORDS OF [.'N~DIAi~ .RIVER COUN?f, FLORIDA; THENCE RUN SOUTH 37°4-q'~5' WEST ALONG THE EASTERLY R£GHT-OF-WAY LiNE OF FELLSMERE RO~_D (COUNTY ROi~_D 512) A DiSTA/~CE OF ~a~3.72 FEET TO THE POINT OF BEGiNNiNG; THENCE RUN SOUTH 52°i~'!5~' EAST A DISTA/~CE OF 670.82 FEET TO A POINT ON A CURVE CONCAVING SOU~HkRLY ~V~_NG A RAD_~US OF 225.00 FEET, A DELTA ' ANGLE OF !6°5S'28'' A CHORD BEAR_~NG OF SOUTH 43°47'0!" EAST, A CHORD LENGTH OF 66.41 FEET, RL~N :ALONG SAiD CURULE A DISTANCE OF 66.66 FEET TO A POINT ON A CURVE CONCAViNG NORTHERLY HAVING A R_~DiUS OF 35.00 FEET, A DELTA ANGLW. OF 1!°59'39'', A CHORD BEkRING OF NORTH 58°!6"04'' WEST A CHORD LENGTH OF 7.31 ~EE"~, , F. ~ RUN ALONG SAID CURVE A DISTANCE OF 7.33 FEET; TLiENCE RUN NORTH ~2°I~'!5" WEST .% DISTi%NCE OF 77-9.24 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LiNE OF FELLSMERE ROAD, THENCE RUiN NORTH 37°43'45'' EAST ALONG LAST SA.i.D RIGHT-OF-WAY LiNE A DiSTANCY. OF 10.57 FEET TO THE POINT OF BEGIN"MiNG. SAiD PARCEL ~.~N,~z~-*NS 0 ~ v ACRES, MORE OR LESS