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HomeMy WebLinkAboutR-96-72RESOLUTION NO. R-96-72 A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AND 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 LENNARNORTHEAST PARTNERS LIMITED PARTNERSHIP (~LENNAR"), THAT AGREEMENT BEING AN A/4ENDMENT 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 an Agreement amending the Development Agreement ("Amendment"); and the City Council hereby ratifies the previous Council's approval of the Amendment and further approves non-substantive changes negotiated by the City Manager. WHEREAS, the Planning and Zoning Commission for the City of Sebastian, in accordance with 163.3225, Florida Statutes, conducted a public hearing on the proposed Amendment 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 Amendment, and, subsequent to deliberation, 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 Amendment with PTC Enterprise, Inc. and Lennar Northeast Partners Limited Partnership; and WHEREAS, the City Manager has negotiated certain non- substantive changes to the Amendment; and WHEREAS, the City Council desires to incorporate those changes. 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. APPROVAL OF AMENDMENT. The Mayor and the City Clerk of the City of Sebastian, Indian River County, Florida, are authorized to sign, on behalf of the City, the Amendment with Sebastian Lakes Associates, a copy of which is attached hereto and incorporated herein as Exhibit "A" and by this reference is incorporated herein. Section 2. RECORDING AND SUBMITTAL. In accordance with Chapter 163.3225 F.S., the original Amendment shall be filed with the City Clerk to the Clerk of the Circuit Court for Indian River County for recording and a copy of the recorded Amendment shall be filed with the Florida Department of Community Affairs by the Director of Community Development. Section 3. 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. Section 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved Counci lmember ~~LL<3 seconded by Councilmember ~~ put to a vote, the vote was as follows: for adoption by The motion was and, upon being Mayor Louise R. Cartwright Vice-Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Resolution duly passed and adopted this ~f~ day of ~f~~ , 1996. CITY OF SEBASTIAN, FLORIDA LouiSe R. Cartwright, Mayor~ (Sea].)' Approved as to Form and Content: Valerie F. Settles, City 4 IN THE RECORDS CF JEFFREY K. BARTC~ CLERKOIRCUIT COU~-~T IND,~AN RIVER CO.. FL~_ AGREEMENT IIiiDtAN RIV~ COUNTY This Agreement made this ~ day of 0~{._ , 1996, by and among PTC ENTERPRISES, INC., hereinafter referred 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 (C.R. 512); and, WHEREAS, the Developer undertook the construction of the west lane 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 in the west lane of Laconia Street and its drainage system are corrected, and (b) the extension of Roseland Road between Fellsmere Road (C.R. 512) and Laconia Street is constructed to the satisfaction of the City; and, WHEREAS, In order to obtain development approvals for their respective projects, PTC will build the Roseland Road extension and Lennar will convey to the City the additional property to build the Roseland Road extension, and the improvements to the west lane of 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 the west lane of Laconia Street (other than the part to be improved by PTC), including any necessary drainage for the west lane of Laconia Street; and, WHEREAS, the parties desire to reduce to writing their understanding and agreements, IT IS, THEREFORE, agreed as follows: 1. ~. The Recitals in this Agreement are true and correct and are incorporated by reference. 2. Lennar Construction of Laconia. Lennar shall correct the deficiencies in the construction and drainage facilities for the west lane of 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." All other improvements made to Laconia Street pursuant to this paragraph 2 shall be referred to herein as the "Lennar Laconia Street Improvements.") The correction 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 west lane and the twelve foot (12') wide east 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. Lennar will submit revised engineering plans (the "Lennar Plans") and technical information to the City Engineer within ninety (90) days of the execution of this Agreement. The revised engineering plans and reconstruction to correct the deficiencies to the west lane of Laconia Street and its drainage facilities must be reasonably approved by the City Engineer (the "Approved Lennar Plans"). Lennar agrees that any additional reasonable costs (which City agrees to keep to a minimum), not to exceed $5,800.00, associated with engineering reviews of the Lennar plans for Laconia by the City Engineer will be born totally by Lennar upon invoiced payment requests by the City of Sebastian, Florida. Failure of Lennar to promptly make such invoiced payments within thirty (30) days of receipt of said invoice shall be subject to a late penalty of 1.5 % interest monthly on the unpaid balance. Failure of Lennar to make such invoiced payments within ninety days (90) days of said invoice shall be deemed a default of this agreement by Lennar. The improvements contemplated by the "Approved Lennar Plans" must be substantially constructed by Lennar within two hundred fifty (250) days from the later of (i) the date the Lennar Plans are approved by the City Engineer, or (ii) the date development of the PTC property commences. 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. All 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 250 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 Roseland Road have been constructed in accordance with the Approved PTC Plans. On completion of the PTC Laconia Street Improvements and Roseland Road in accordance with the Approved PTC Plans, the City will accept such improvements into its permanent maintenance program. 4. Right 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 I 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 250 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. 4 (::) ;:;0 N - ~ = C \..C u: C' "- 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" simul taneously with the City I S vacation of the real property described in Exhibi t "H, " the ci ty' s qui t-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. 7. 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 (10) days of the issuance of a building permit to PTC, shall provide the city a written plan coordinating and scheduling the engineering and construction which will accomplish these objectives. This plan must be approved by the City Engineer 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 (10) 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. PTC agrees to cause all construction vehicles necessary for the development of the PTC Property to access the PTC Property only from County Road 512 (Fellsmere Road) or the intersection between said County Road and Laconia street. 8. Comoletion 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 Res~onsibility. 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. 10. Notice Provision. All notices, requests, consents, and 5 <::) :::0 N - - -c. = c: v:: v:: - 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) return receipt requested, or sent by overnight carrier (such as Federal Express) addressed to: IF TO PTC IF TO LENNAR WITH A COPY TO: Patrick T. Christiansen, President PTC Enterprises, inc. 12th Floor Citrus Center 255 South Orange Avenue (32801) Post Office Box 231 Orlando, FL 32802-0361 Lennar Northeast Partners, Partnership c/o Lennar Partners, Inc. Attention: Peter B. Hoelzle 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. Building Height. 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 Agreement. 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. 6 14. ~I~~: 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 sea,li'~'.'thejday and year first written above. .. '~,:,',' CITY: A~TEST ~.-~.. ~ THE CITY OF SEBASTIAN . :..~.._~~~~'"'"'~?:~ "~'"'~"'~ ~" "~:' ~"' '~"~' '"" ~z~ ~: ~~ ~ ~.~~~ Kathryff ..M.:..,O.H~lloran L~i~e R. Cartwright ~ :y: Clerk Mayor Form and Content: Valerie F. Settles City Attorney PTC ENTERPRISES, INC. Title: ~t ~ STATE OF FLOR/DA COUNTY OF ~DL~N RIVER LENNAR NORTHEAST PARTNERS,Li By: Mark :MITED PARTNERSHIP HEAST HOLDINGS, ~artner  iffin dent I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgments, personally appeared Louise R, Cartwdgh~ and Kathryn_ M, O'Halloran known to me to be Mayor and City Clerk respectively, and neither of them took an oath. ~v**** ~ // WITNESS my hand and seal in Indian River ~Coum~(Flor~/a, ~~ da~ 0~ Il .~,,.o/:.~,.. ~~s~a I My Commission Expires: . 1996. STATE OF GEO_O.R~IA BEFORE F~E, this 7~ day of October, 1996, Mark ~. Griffin as Vice President of LENNAR NORTHEAST ~OLDINGS, INC., as the General Partn~r,of.LE~NARNORTHEAST PARNTERS, LIMITED PARTNERSHIP, a ~-3~JJ~%r~.,~.limited partnership, on behalf of the .partnership, executed this Agreement. g ute of~/~dary P~blzc s~a~e of Georgia N0taw Public. CheroKee GounW ~eorgJa My Commission Expires Februa~ 28, 1999 -' . yp ~o~ }t~mp~fommiSs'i~ned name of Notary Personally known / OR Produced Identif-~tion Type of I4entification Produced: STATE OF FLORIDA COUNTY OF ORANGE BEFORE ME, this //~ day of October, 1996, Patrick T. Christiansen, as President of PTC ENTERPRISES, INC., a Florida corporation, on behalf of the corporation, executed this Agreement. Si~natu~of~-~Notary Public - State of Florida Pri~nt, ~/pe or stamp commissioned name of Notary Personally known __ OR Produced Identification ~/ Type of Identification Produced: ~/'_~,~, .~[';~/~*~/~'~C EXHIBIT "A" DE$CRZPTiON .--OR O%-/RALL 1. T'racc 5 of a£o~esa~d Sabastian I4k, es Uni: ~ Plat. Indian River County. Florida: Thence. run South 73 deg. 36'~' West for a di;cacce o~ Thence, ,-un South 3~ de~. ¢$'(5" west ~or a d~scance o~ ~2.00 £eac; Thence, run Sout~ ~2 deg. 06'25q East for a disK,nee Of $18.03 feet: Thence, run south 12 deg. 02'49" Eas~ for a d~s~ance of ~6.71 feet; Taence, run South 3~ deg. 53'3~" #aa~ £or a .deg, 18'4S"; Thence. =un ~ough 10 dlg. 25'12" East for a distance of ~3-4] feec :o cae 119.24 feet; Thence, run S~ucheaacsxlyalo~ :~e arc aZ said curve for an arc discance of 68.44 feet, ~hrough a cent=al an~le of 32 dig. 5J'0&"; Thence. run No~t~ 46 deg. 41'42" East for a distance o£ ~2.00 ~ee~. co the point a~ noN-Cangsnc~ on a ci=cu~a~ ~-ve c~ncave co t~e Northeast, ~av~ng a radius of ~.24 ~eec; Thence, ~un NortheaSt, hay/n= a =adius of ~1~.80 feat; T~ence, run Northeasterly along the arc o~ $a~d circular ~urve ~or an arc distance of 165.3% gmat, through & central angel o£ 18 Thence, run No=ch 8T de~. 53'35" ~as~ for a distance of 241.42 feet; Thence, run No=nh $9 dm=. 00'32" Bast f~r a d~s=ance o~ 144.88 ~eec; Thence, run Noz~ 30 d~g. 59'28" West gO= & distance of 111.00 feet; Thence, ~ South 59 dig. 00'32" west for · distance o~ 91.4S faeC~ Thence, =~n South 87 deg. 53'35" Weac fo~ a di~Cl~ce o~ L31.37 ~ceC; Thence, =un NOXCA 39 dig. 53'3S' East £or a distance if 102.S~ feet: Thence, run NoTch 52 deg. 06'2S" West for a distance of 3?4.34 feet, :O the voin~ cf Beginning for wholly in Indian River Co%%n=7, Plo=ida. 3. Commence at the Ncr=beast co=ne= of Section 23, Township 3L South, Range 38 Indian Rlve= County, Florida~ Thence. =uN South ~2 deg. 02' 07' wes= £o= a d/stance o~ l~nence, run ~ouch 52 deg, 06'25' F, aec ~o= a dieca.~c~ o~ 318.03 fast; T~ence, run South 11 deg. 02'49" ~aa= for a di~=anee et !9.71 ~ee=; Thence, run South 37 west fcc a d~stance o~ 281.76 £~c, Co the parc Of c~rvatt~re o11 a CirCulac ~-v~ concave co tho SOutheast, ~aving a radius of 2~1.80 feat; Thin. e, run along the arc of said circular curve 2~r a~ arc distance of 220.76 feet, =h~3ugh a canCmal angle of 46 deg. 18'4g": Thence, ~un SOu~h 10 deg. 25'1/" ~IOC for a distance of 13.43 ~es=. to chi po~n~ of C%lc-v'S. cuze ~ a Cil~Ulmr CtLTv~ OO~Cav~ CO the WaShiest, uircular m ~or an arc distance of G8.%4 fee:. c~u~3ugh a central an~le of 32 53'06'; Thence, run South Ag deg. 41'42" Wes= ~or a dis=Inca of 213.60 fem~; Thence, run South 89 deg. 44'50' West fo= a distance of $78.66 feet, to an inca=sec=lan c~e Point of Beginning for tbs a~ov~ described pa=tel of land. Said p~rcel of land contains 8.391 acres and lies wholly within Indian River County, Plor~d&. to :he Plat :Aereof as ret==dad in Sing ~ook 13, page I, of t~s Public Records of ~nd~an River County, Florida. $. Tract A. of aforesaid plac of $eDsstimn Lakes Un!: 1. EXHIBIT "B" LEGAL DESCRi2TiON FOR TI~ACT ~ Z 7C~.-_2C, N S. TRAITS . A_N'D "-B ACCO~iNG TO T~ ~CO~ P~T OF 1iA., == '~== Pi~LiC ~CO~S OF iI~I~ RI~R CO~ FLORIDA, '-., -Z_EE~. WiTH ~ORTiONS OF VA~%T~ R!~-OF-WAY 0F ~.CONiA ST~T A~ RCSEL~ RC~,. MGP~ P~KTICU~LY D~SCR!BED AS: CT.~C-.'=NCi27G a,' .:.-- ~ NORTi~RLY MOST CORN~R OF TRACT "A"; ~NCi %';ESTWA~LY ALONG TA~ SGb~K L2~ OF ~LLM~ RO~, ~i~ IS -~SO ~ i~'7~ OF A", . -'~--- T~CT . ~% B~ING OF MOb~M 37~43'45 ~iSTD2'?C! OF 4'2 72 FE~T TO T~ POI}~ OF BEGi~iNG; ALCUG SAiD SCUT~RLY R!G~-OF-WAY SO~ 37"43'45" ~ST A DIST~CE · .F ~90.o, :=:T TO T~ ~STW~LY RIG~-OF-WAY LI~ OF RC~; T~NCi R5~ SOU~ 52"I~'15" ~T ~ONG SAiD ~S~LY RIb- CF-WAY A DiST_%~CE 0F 7Z9.24 ~T TO A POI~ OF ~VATL~; Ti~!~C! ALONG SAiD ~ TO T~ LE~ WI~ S~D C~ ~VING A ~iUS O= ~5 0O -== , Z!ST.%MCM OF 62.95 FZ~T, A L~MG~ OF 78.27 FM~T, TO ~ WESTERLY F. ZJi~-C~-W~.y LiNE OF ~CONiA ST~ET; ~C~ Rb~ NOR~ 00"24'26" WEST A D!ST~N'CM CF 896.74 ~MT; ~~ R~ SO~ 37:43'45'' ~$T -1 DZST~WCM OF !40.91 ~T; ~NCM R~ SO~H 78~Sg'M6'' ~ST A DIST.~WC~ CF 40.0= .==~- T~NCE R~ MOR~ 52"16 !S" W~MT A DISTD2;CE OF 178.26 FE=- TO TP~ PCi2~ OF BEG!3~iNG. SAiD P-~CML CO~AINS 7 97 AC~S, MORE OR LESS. ' LEGAL DESCRIPTION FOR T~%CT 2 ~ FORTiCN OF TP~CT "A" ACCORDING '~ T!tE RECORD Pr_AT OF SEBAST~:=~ L~- %Q;2T ONE, AS R~CORDED iN PLAT BOOK !2, PAGES 1! .~ND I!A, OF 'TMM 2UBLiC RECORDS OF iNDi.%W RiV~R COUNTY, FLORIDA, TOGETI-I~R WITE A ~CR?iCN OF VA~%T~ RZG~-OF-WAY CF !~_CONiA STREET, MORE P~3.TZCUL~_RLY DESCRIBED .~S: AT ~-.'~-~ NORT~-~RLY MOST CORNER OF T~CT "A"; TI~NC~ RL~ ALONG T~ SOUTi~ Li~ OF ~LLSI~.E RO~, W~!C~ iS ALSO LIN~ GF T~CT "A:', A BERING OF SOU~ 37'43'45" W~MT, A 4~3 72 ~-'- ~ ' . .~m~, TI~NCE RL~ SCL~i 82 !8 15" ~T A DISTANCE =E~ · ~NC~ R~ NCRTI~ 78 59'56" ~.ST A DiST~C~ OF 40.53 TI~NCM RL~ NORT~ 37~43'45'' ~MT, A DIST~CZ OF 140.91 ~T TO ~STERLY RZGMT-OF-WAY Li~ OF ~CONIA ST~T; T~NC~ R~ NOR~ ~ST A DISTANCE OF 328.72 ~T; ~C~ R~ SO~ 37"43'45 ~ST.~CE OF 15.20 F~ET TO T~ ?Oi~ OF BEGi~iNG. SAiD COMTAiMS 1.39 AC~S, MCP~ OR LESS. EXHIBIT "C" PTC LACONIA STREET IMPROVEMENTS The road improvements as described as a part of the plans prepared by Ronald S. Howse under Project No./File Name SEBWINDX, and which plans consist of the following parts: 1. Cover Sheet 2 Survey 3 Project Geometrics Plan 4 Site Utility Plan 5 Paving and Grading Plan 6 Roseland Road Plan & Profile 7 General Details 8 Water and Sewer Details 9 Paving and Grading Details 10. Minimum Landscape Plan 10.A Lighting Plan The Laconia Road plans are contained as a part of Sheet No. 6 above designated as Roseland Road Plan and Profile. PTC: ~CF/TrERPRISES. SEBASTI~: EX~IB IT- C- P~CIL-A~MT. EXHIBIT "D" L~GAL DESCR?PT~-ON FOR % PORTION OF TF3.CTS "~", "C" .AND "~" ACCORDING TO OF S~BASTI~ L~S D~ZT O~, ~ ~C~ OF , FLORIDA, ~CRE PARTICULARLY DESCriBED ~: CO~i_~.ENC'-5;G AT T:{E NOR..T.~RLY MOST COP_N'ER OF TRACT "A"; T.~NCE RL'N WESTW2--RDLY ALONG ~ SOU?--' Li~N'E OF .--'ELLS~.RE ROAD, W--qZC:-~ iS ALSO T:qE NORTI{ L,_'N'E OF TRACT "A:', A ~-EAR-~'.NG OF SOUTI~ 37"43'45" WEST, A D'_-ST.%~CZ OF 979.29 FEET TO ~ PO-v~NT OF BEG.'_~NlqING; T~---~NC'- CONT!NI/E ALO,~G SAiD SOUT_~IERLY RiGi~T-OF-WAY SOUT~ 37°43'~-5" 'FESTA DIST.a. NCE -E_ ' T~NC~ RUN SOUT~ ~2:16'~-5'' E~T A DISTANCE OF 574.14 OF 25.00 : VT, FE~--'; T.g-ENCv_ RUN NOR%q~ 37'43'45" EAST A DISTANCE OF 25.00 :-E-ET; T:{~-'NC-". RL~.' NORT-~ $2°!5'1~'' WEST A DIST.%NCE OF 574.14 FEET TO T}IE PC2"~T C.F BEGiArN'ZNG. SA_VD P.a. RC.~L CONTA.2,'qS .3~ ACRES, MORE OR LESS. C EXHIBIT "E" DRAINAGE EASEMENTS FOR ROSELAND ROAD In regard to the Roseland Road improvements to be constructed by PTC, the stormwater management drainage facilities on the PTC property (the retention/detention ponds and pipes) will accept the drainage off of the Roseland Road to be constructed by PTC and as described in the Approved Roseland Road Plans. PTC: PTC~NTERPRIS£S. $£BA~TIAN ~ EX~IBIT-~-P~NCIL-A~MT. EXHIBIT F PTC ROSELAND ROAD IMPROVEMENTS The road improvements as described as a part of the plans prepared by Ronald S. Mowse under Project No./File Name SEBWINDX, and which plans consist of the following parts: 1 Cover Sheet 2 Survey 3 Project Geometrics Plan 4 Site Utility Plan 5 Paving and Grading Plan 6 Roseland Road Plan & Profile 7 General Details 8 Water and Sewer Details 9 Paving and Grading Details 10. Minimum Landscape Plan 10.A Lighting Plan The Roseland Road plans are contained as a part of Sheet No. 6 above designated as Roseland Road Plan & Profile. ~C: ~NT~R~RISES. SEBASTI~: EX}lIB IT- F- P~CIL-AGMT. EXHIBIT "G" LEGAL DESCRi-~TiON FOR ADDITiONAt RCSELA~ND ROAD TRACTS "C" A~ND "w" ACCO.RDING TO ."ffH~ RECORD P~T OF :~LIC ~CO~S OF i~I.%N Ri~R CO~, FLORIDA MORE CT.'.~-?~-~,'CiNG .%T '~--.~.--- NORT.~RLY MOST CORNER OF T~ "A"', TS~NCi Rb~ WESTW~LY ~ONG ~ SO~ 5i~ OF ~LLS~ RC~, W~iC~ iS ALSO ~== NGRTE L2~ OF T~CT "A" A B~ZNG OF SO~H S7"43'45" W~ST, A 2iST.~¢Ci OF 1013.72 FEET TO ~ POI~ OF BEGi~!NG; ~NC~ CONTi~ ~%LCNG SAiD S~~LY RIG~-OF-WAY SO5~ 37'43'45" ~ST A DiST~NC~ OF 70.57 FEET; ~~ R~ $O~ 52"16'15" ~T A DIST-~CE OF 729.40 F-'E~' ' TO A POI~ OF ~VA~; R~ ~~ ~ONG SAID ~ TO T~ RIGS~ WITH SAID ~ ~VING A ~IUS OF ~25.00 ~T, A ~O~ BE2~ZNG OF SO~ 26~Z2'45'' ~T, A ~OPD DISTANCE OF !96.50 F~T, A LEi'~GTH OF 203.35 ~T, TO T~ ~$~LY RIG~-OF-WAY Li~ OF LACTN!A ST~ET; ~~ R~ NOR~ 00"~9'!4" ~ST A DiSTanCE OF 89.82 L - WiT~ , SAiD C~%~ ~ViNG A ~IUS OF 225.00 ~T A ~O~ ~T ~ BEaRiNG OF NORTH 26"~2'45" ~$T, A CHO~ DIST~ OF 196.50 .:= A L~GTi{ OF 203.S5 ~, ~~ R~ NOR~ 52"!~'!5" :~ST A DiST~CE OF 573.84--:E-_E~ TO ~ POI~ OF BEGi~iNG. SAID P~CEL CO~NS !.31 ACRES, ~0~ OR L~SS. EXHIBIT "H" LEGAL D~SCRi?Ti0N FOR VAC_~TED ROSELAND RiC:~T-OF-WAY PCF.-_ - CNS CF VAC.%T -~D RiGET_. -OF-WAY OF RO SELAB'D RGAD; MOR~- 7AP. T-_CUL~_2LY DESCRI~-ED AS: C?.-".."..---NC'_:.TG AT T.~. NOR._.Ti~RLY MOST CORNER OF T.RACT "A", ACCQRDING TO ~_-.~ .~£C~RD PSAT OF SE3ASTV--mJI LA~S UNIT ONE, AS RECORDED iN PLAT BOCK L2, PAGES l: .m~ND !!A, OF T~.~'--- PUBLIC RECORDS OF CC.U:'TT¥, FLORIDA; T':~_~CE RUN WE_ST~ARDLY ALONG -~ SO%'T:~.~ L.'A~ OF ?--LLS~.~'--?~i .~OAD, r~~IC.__q IS ALSO ~ NORTh.. nr-N~ OF TRACT "A", A B"'-~%-~ ',;G OF SOUTh-. 37°43'45'' WEST, A DiSTAN~ OF 933 . 72 ~E~' TO T:~-. .=.022:"-", ~ .OF SEGiA~NiNG; %Z'~C~ CONTi~NUE ALONG SAiD $OUT~--~RLY RIGHT-OF- WA? SOUT.~ 37°4~' 45" ~ST A DISTANC--- OF 70.57 F?.~T TO T~ -ZASTWARDLY Ri=PT. -OF-WAY Li~ OF RO$~LA~TD ROAD; T~ RUN $OUT~ 52°"~'6' !5:' ~-AST ALONG SAID F_ISTWARDLY RIGPiT-OF-WAY A DiSTAN~ OF 7~9.24 FE~-T TO A PO.2NT OF CURVA~""~'R~; RUN T.~NC~- ALONG SAiD C"JRVE- TO T~ L~.--T WIT.=. ~A-D C%.'Rw~E_ .~ulViNG A .RADIUS OF 35.00 :~-, A ~ORD BEARING OF NORT'.~ ~20~:39" EAST, A C~ORD DISTA~CE OF 67-.95 ~-~T, A L~--NG,_'~ OF 78.27 FEET, TO ~ W~$T~---RLY R,ZG~--T_-OF-WA¥ LINE OF ~ACONI-A STRF~-T; RUi, T [~ORTH 00"Z4'Z6" WE-ST A DISTANC~ OF !7.7~ F~_~'T; ."~C~ RUN NORTH 52"16: !5" WE_ST A DiSTA~C~ OF 745.80 FEET TO'T~ POI.NT OF B~G!NNiNG. SAr2 PARCEL CONTA,_'N$ 1.23 A~RES, MORE OR ~$S. c C EXHIBIT "I" L.-'-GAL ~ESCR'-gTZ~-N F'~.R VACATED LAC~N.IA R-~G'n'T-OF-WAY A PORTION OF VACATED RZG~iT-GF-WAY OF LACON--A STREET, P.:3.T,-_CULARLY DESCRIBED -%S: MORE 31GZNNiNG AT T.-.---E NORTHERLY MOST CORNER OF T.g_%CT "A", -%CCORDiNG TO T:-'E_ .RECORD PLAT OF SEBASTIAN LA~ES UNiT ONE, AS RECORDED iN PLAT .qCOK 12: .:AGES !1 .%~rD !!A, OF ~ ?UBLIC ~CORDS OF ,LNDIAN C'_-%LNT'-.", FLORZDA; T.=~'{C--- R'J~! WESTWARDLY ALCNG T~E NORTH LI.N'E OF LACONIA ST.R.EET, ~iC~ IS ALSO ~ ~.ST LiNE OF TRACT "A", A BEARING CF $OUTi{ 00°24'26'' -Y~_$T, A DZST.~_NCE OF 1187.13 FEET; THENCE SCUT~ 52:15'15" EAST, A DiSTANCZ OF 17-.71 FEET; THENCE RUN NORTH 90 °24'26'' :WEST, A DISTANCE OF 1207.72 F=..ET; THENCE RUN SOUTH 37'4'3'45" WEST, A DISTA~NC~ OF 16.20 FEET TO ~ POI~NT OF BEGi.~N'NiNG. SAID PARCEL CONTAINS 0.28 ACRES, MORE OR LESS.