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Home My WebLink About2010-001 Dogs and Cats Forever, Inc.~lo~-v/-c3~ RIF 10-001 A ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY, FLORIDA AND DOGS AND CATS FOREVER, INC. , IN CONSIDERATION FOR THE DONATION OF RIGHT-OF-WAY ALONG SELVITZ ROAD. THIS AGREEMENT is made and entered into ns of this 26th day of Jnnunry, 2010, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to ns "St. Lucie County" and DOGS AND CATS FOREVER, INC., n Florida Non Profit Corporation, hereinafter referred to as "Dogs and Cats Forever." WITNESSETH: WHEREAS, on April 7, 2009, Dogs and Cats Forever dedicated to St. Lucie County, through Resolution No. 09-107 recorded in the Public Records of St. Lucie County, certain property representing 6,176 square feet, more or less, for the future widening of Selvitz Road,. as further described in the attached Exhibit "A" (the "Dedication"), on which it is developing a project to be known ns Dogs and Cats Forever, Inc. and, WHEREAS, St. Lucie County has adopted a "Roads Impact Fee Credit Ordinance" which imposes impact fees relating to public transportation facilities; and, WHEREAS, Section 1-17-33.1(c) of the Code of Ordinances of St. Lucie County provides for credits for the donation of non-site related right-of-way on those roadways that are n part of the County's Roads Impactfeefligibility-network; and, - - WHEREAS, Selvitz Rond is part of St. Lucie County's Road Impact Fee Eligibility network; and, WHEREAS, based on the provisions of Section 1-17-33.1(c) of the Code of Ordinances of St. Lucie County, the amount of the right-of-way donation that is eligible for consideration of road impact fee credit is: 4 476.77 WHEREAS, Dogs and Cats Forever is desirous of establishing the amount of Credit that Dogs and Cats Forever shall be entitled to for the right-of-way donation. NOW, THEREFORE, in consideration of the mutual covenants entered into to be made and performed, and in consideration of the benefits to accrue to agreed as follows: 5:\SHARED\BRILLHART\IMPACT FEE CREDITS\DOGS AND CATS FOREVER\ROAD IMPACT FEE CREDIT AGREEMENT (3).DOCDiayE 1 0~ 3 Section 1. Incorporation by Reference. The above recitals are true and correct and made a part of this Agreement by reference. Section 2. Amount of Credit. Dogs and Cats Forever is entitled to a credit against Rond Impact Fees in the amount of Four Thousand Four Hundred Seventy Six and 77/100 ($4,476.77) Dollars under the criteria set forth in Section 1-17-33.1(c) of the Code of Ordinances of St. Lucie County for the donation of right-of-way along Selvitz Rond. Section 3. Limitation of Credit. The credit established by this Agreement is limited solely to the property legally described in the attached Exhibit "A", and is not transferable to any other property owned by Dogs and Cats Forever in St. Lucie County. The credit may only be applied against Road Impact Fees and shall not be transferable ns a credit against other impact fees imposed for purposes other than roads. Section 4. Assignability of Credit. Dogs and Cats Forever may assign all or part of the credit described in Section 2 above to its successors in title and interest to the property described in Section 3 above. Such assignment shall be by recordable written instrument. Before the assignment is effective, a copy of the assignment shall be provided by Dogs and Cats Forever to St. Lucie County, at the address set forth below and the original assignment shall be recorded in the Public Records of St. Lucie County; County Administrator with a copy to: County Attorney 2300 Virginia Avenue 2300 Virginia Avenue Fort Pierce;- Florida 34982 Fort Pierce;-Fiorida 34982 Section 5. Recordability of Agreement. This Agreement shall be recorded by St. Lucie County in the Public Records of St. Lucie County and shall be binding upon Dogs and Cats Forever and any successors in interest and title to the property described in Section 3 above. Section 6. Termination of Agreement. This Agreement shall be effective until all of the Road Impact Fee credits authorized under Section 3 have been consumed through the issuance of o building permit, or similar development approval. S:\SHARED\BRILLHART\IMPACT FEE CREDITS\D065 AND CATS FOREVER\ROAD IMPACT FEE CREDIT AGREEMENT (3).DOQA'ays 2 0$ 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Signed, sealed and delivered in the presence of: TTEST: <. BOARD OF COUNTY COMMISSIONERS ST. LUCIE;COUNTY, L RIDA gy: - -, Chnirtr,,bn Deputy CY ~r~k ;J ; r . ~ ~" t , ti ~ 3 t1 r. G1 ~~ Y :f-~. .~~ ` ~ ~ WITNESSES: ~~ APPROVED AS, TO FORM AND By: County A DOGS AND CATS FOREVER, INC. n Florida Non Profit Corporation ~---- ~.. gy: Name: ~YA~ ST'fZOM Title: ylc~ PR~SIA~I~ 5:\SHARED\BRILLHART\IMPACT FEE CREDITS\DOGS ANO CATS FOREVER\ROAD IMPACT FEE CREDIT AGREEMENT (3).DOQ7ays 3 0~ 4 ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF ST. LUCIE BEFORE ME, the undersigned authority, personally appeared ~11u-rl 5-fTtt~'-'~ ,and is authorized to sign and execute the above Agreement and that the representations above stated are true and correct to the best of his/her knowledge, information, and belief. SWORN TO AND SUBSCRIBED before me this 26t~h~day,~o,~f Jnnunry~2010. Cwt-'.~% l ~ • '/ ~ ~~ Notary Public, State of Florida """ My Commission Expires: SEAL CAROL A. BISHOP Commissiar Did 777688 Expires ~~iy?6, 2012 8ondetl Thu Troy Fain insurance SOp.8gS7p~ g &\SHARED\BRILLHART\IMPACT FEE CREDITS\DOGS AND CATS FOREVER\ROAD IMPACT FEE CREDIT AGREEMENT (3).DOa~ceye 4 0~ 4 _._ _ _ Exhibit A r RESOLUTION N0.09-107 A RESOLUTION ACCEPTING A CORPORATE WARRANTY DEED FOR 10 FEET ON SELVITZ ROAD ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing Corporated Warranty Deed is duly accepted on behalf of St. Lucie County this 7th day of April, 2009. ATTEST: D UTY CLE BOARD OF COUNTY CONIlVIISSIONERS ST. LUCIE COUNTY, FLORII;A BY: cxAl APPROVED AS TO FORM AND CORRECTNESS: ~~ ~ i~.~ r k ~ .~~' ° ,, COUNTY AT ~ O EY S:\ACQ\WP1Right of Way Donations\Dog and Cats Forever\Itesolution.wpd JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY This instrument was re areC mclCerit t0 FILER 3333080 041142009 at 10x43 AM p p OR BOOK 3079 PAGE 9 - 12 Doc Type DEED Che ISSUance Of a title InSUI'anCe CnnCiaCf, RECORDING 535.50 and is to be returned to' Sharon Evans, an employee of Liberty Title Company of America, Inc., 10006 South Federal Highway Port St. Lucie, Florida 34912 File No. SL-09-0066 Corporate Warranty Deed This Indenture, made ~ day of March, 2009, A.D. between Dogs and Cats Forever, Inc., a Florida non profit corporation, whose post office address is 2012 Laurel Oak Lane, Palm City, FL 34990, a corporation existing under the laws of the State of Florida, Grantor, and St Lucie Couniy, a political subdivision of the Slate of Florida, whose post office address is 2300 Virginia Avenue, Fcrt Pierce, FI 349S2, Grantee, Witnesseth, that the said Grantor, for and in consideration of the sum of Ten and No/]00 Dollars ($10.00), to it in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee forever, 'the following described land, situate, lying and being in the County of St Lucie, State of Florida, to wit A parcel of land lying in the SW I/Q of [he SW 1/4 of the SW ]/4 of Section 32, Township 35 South, Range 40 East, St Lucie County> Florida, being more particularly described as follows: For a point of reference, commence at the Southwest Corner of said Section 32, thence Kurth 00 04'38" East, along the West line of said Section 32, a distance of 46.17 feet, thence South 89 55'22" East, a distance of 50.00 feet to the Point of Intersection of the East Right-of-way of Seivitz Road with the North Right-of-way line of North St. Lucie River Water Control District Canal No. 102 and the Point of Beginning. Thence Narth 00 04'38" East, along said East Right-of-way line of Seivitz Road, a distance of 617.58 feet,: tfience North 89 55'73" East, a distance of 10.00 feet: thence South 00 04'38" West, a distance of 617.58 feet to a point on the North Right-of-~'ay line of North St Lucie River Water Control District Canal No. 102: Thence South 89 53'03" West, along said North Right -ot-way line, a distance of 10.00 feet to the East Right-of-way line oCSelvitz Road and the point of Beginning. SEE ATTACEID EXHIBIT "DESCRIPTION' SUBJECT TO covenants, resttictions, easements of record and taxes for the current year. Parcel Identification Number cut out of parcel to be established And the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. .. In Witness Whereof, the said Grantor has caused this instrumencto be executed~n its name by its_duly authorized officer and caused iu corporate seal to be affixed the day and year first above written. Signer! and Sealed in Our Presence: Dogs a d Cats Forever, Inc \ B}"• ~3ohanna Apicella Its: President (Corporate Seal) The foregoing instrumem was acknowledged before me tnis ~ ~ day of Nfarc , by Johanna Apicella, as President of Dogs and Cats Forever, Inc., a non profit corporation existing under the laws of State of Fio da, on behalf of the corporation, who isiare either personally known to me or who has produced identification sufficient chars er so a individual(s) with reasonable certainty; and who did not take an oath.. No ublic Print Name: Tvpe identification (Check One)'. ~"'"' SHAHONA6YAhS .~.....~ _ Drivers License _~At P„YCOA41~tSSWNYDD76i511 _ Passpott ",~~~s,~~~ L-7.?IHES~May23,2Ct2 Government (State or Federal 1D Card ~~~°`r~~ Baii°T"mwa""'~"•r1tlef"'^w` Slate of Florida County of St. Lucie DESCRIPTION A PARCEL OF LAND LYING IN THE SW 1 /4 OF THE SW 1 /4 OF THE SW 1 /4 OF SECTION 32, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE NORTH 00°04'38" EAST, ALONG THE WEST LINE OF SAID SECTION 32, A DISTANCE OF 46.17 FEET; THENCE SOUTH 89'55'22" EAST, A DISTANCE OF 50.00 FEET TO THE POINT OF INTERSECTION OF THE EAST RIGHT-OF -WAY LINE OF SELVITZ ROAD WITH THE NORTH RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL N0. 102 AND THE POINT OF BEGINNING. THENCE NORTH 00°04'38" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE OF SELVITZ ROAD, A DISTANCE OF 617.58 FEET; THENCE NORTH 89°55'13" EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 00°04'38" WEST, A DISTANCE OF 617.58 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL N0. 102; THENCE SOUTH 89°53'03" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 10.00 FEET TO THE EAST RIGHT -OF-WAY LINE OF SELVITZ ROAD AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 6,176 SQUARE FEET, MORE OR LESS. SURVEY NOTES 1. THE EAST RIGHT-OF-WAY LINE OF SELVITZ ROAD BEARS NORTH 00°04'38" EAST, AS MONUMENTED, AND ALL BEARINGS SHOWN AR_E RELATIVE THERETO. __ _ _ 2. THERE MAY BE ADDITIONAL RESTRICTIONS, EASEMENTS AND COVENANTS RECORDED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. NO TITLE WORK WAS PROVIDED OR REVIEWED AS PART OF THE PREPARATION OF THIS SKETCH. PREPARED BY: r ~~z~~9 RICHARD C. LAVENTURE DATE FLORIDA PROFESSIONAL LAND SURVEYOR # 5209 ~rL a s 20Q9 THIS IS NOT A SURVEY. REVISION DESCRIPTION DATE REF. JOB N0. DRAWN BY DATE SURVEY N0. 08.1067 MWH 1 /12/09 08.1067 F.B.,PG. CALCULATED BY SCALE SHEET N0. N/A RCL 1"=100' 1 OF 2 SKETCH OF DESCRIPTION 10' RIGHT-OF-WAY DEDICATION PREPARED FOR DOGS AND CATS FOREVER LAVENTURE & ASSOCIATES, INC. PROFESSIONAL SURVEIING AND MAPPING 7840 SE Port St. Lucie Blvd. Port St. Lucie, Florida 34952 LB 7056 (772) 398-6430 Phone (772) 398-6426 Fax SCALE 1 "=100' LEGEND W z J z ~ J ~ 100.00'---j I 50.00' POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT R/W = RIGHT-OF-WAY FND = FOUND RR = RAIL ROAD NSLRWCD = NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT UNPLATTED N89'55'13"E ACREAGE ~-10.00' ~ Q II Q II ~~ N~ II ~ o II J w II ~ S00'04' 38" W . ~ 617.58' SCI 1 ~4 OF N00 04 38 E~ OF~ SW 1 ~4 OF 617.58' I I I I WEST LINE I I SECTION 32, TOWNSHIP 35 SOUTH, RANGE 40 EAST II ---~ ~--1 O ' R / W DEDICATION SW 1 /4 SECTION 32 Gc% 06 2Q09 S89'S5'22"E 50.00' II S89°53'03"W 10.00' R/W LINE _ R/W LINE _ ~_ _ N00°04'38"E~ POB DEVINE ROAD OF NSLRWCD RCANALNEN 10 02 46.17' 31 g 32 (UNDEFINED POC R/W) ~ SECTION SOUTH LINE 32, TOWNSHIP 35 SOUTH, THIS IS NOT A SURVEY. FND RR SPIKE RANGE 40 EAST REVISION DESCRIPTION DATE REF. JOB N0. DRAWN BY DATE SURVEY N0. 08.1067 MWH 1/12/09 08.1067 F.B.,PG. ALCULATED BY SCALE SHEET N0. N/A RCL 1 "=100' 2 OF 2 SKETCH OF DESCRIPTION 10' RIGHT-OF-WAY DEDICATION PREPARED FOR DOGS AND CATS FOREVER LAVENTURE & ASSOCIATES, INC. PROFESSIONAL SURVEYING AND MAPPING 1840 5E Port St. Lucie Blvd. Port St. Lucie, Florida 34952 LB 7056 (772) 398-6430 Phone (772) 398-6426 Fax Dogs and Cats Forever Inc Record: 1 of 1 Property Identification Site Address: TBD Sec/Town/Range: 32 :35S :40E Map I D: 24/31 S Zoning: AR-1 Ownership and Mailing Owner: Dogs and Cats Forever Inc Address: PO Box 880043 Port St Lucie FL 34987 Safes Intormation Date Price Code Deed 11/3/2008 499000 00 WD 8/18/2003 100 04 WD 8/18!2003 200000 04 WD 1/1/1900 0 Igo ~~tcl1 vail~.ble No I~n~g~ ~~~r~.ilable Exterior Features View: - RootCover: - RoofStruct: - ExtType: - YearBlt: Frame: - Grade: - EffYrBlt: PrimeWall: - StoryHght: - No.Units: SecWall: - Interior Features _BedRooms: Electric: - PrmintWall: - FuIlBath: HeatType: - AvyHUFI: 112Bath: HeatFuel: - Prm.Flors: - ~i. A/C: ',oHeated: !Sprinkled: Special Features and Yard !tams Land btitormation Type Y,~S Qty. Units Qual. Cond. YrBlt. No. Land Use Type Measure Depth 1 9900-UNCLSFD ACRG 545 -Acres 8.48 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. GEC, a s 20os PROPERTY RECORD CARD <<Prev Next » Spec.Assmnt Taxes Parcel I D: 2432-333-0001-000-3 Account t;: 33001 Land Use: UNCLSFD ACRG City/Cnty: St Lucie County Exemptions Permits Home Print ,~ti~CIECO ~~. ~G~< ~~ Legal Description 32 35 40 SW 1/4 OF SW 114 OF SW 1/4-LESS RD R/1N AND LESS ADDL RD R/W IN OR 3079-9- (8.48 AC) (OR 304 More... Assessment 2009 Final Total Land and Buiiding Book/Page 2009 Final: 339200 Land Value: 339200 Acres: 8.48 3046 / 0054 Assessed: 339200 Building Value: 0 1786 / 2112 Ay.Credit: 0 Finished Area: 0 SgFt 1786 / 2110 Exempt: 339200 1 Taxable: 0 Taxes: 0 BUILDING INFORMATION http://www.paslc.org/prc.asp?prclid=243233300010003 12/3/2009 T~4M PARKS December 3, 2009 Michael Brillhart St. Lucie County Growth Management 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Dogs & Cats Forever 4600 Selvitz Road, Ft. Pierce Dear Michael, ~~~ ~~, 'F~~: .~, w-r ~.-~ z .~ ..~ ~. "~ `~~~ ~Y ...: _; ~ ~,. Please accept this letter as a request to receive impact fee credits for the Dogs & Cats Forever project located at 4600 Selvitz Road. Per you request, attached is a survey, the 2009 assessment of the property and information on the right-of-way off Selvitz Road. If you need any additional information from us in order to obtain this credit, please let us know. We can be reached at 772-781-1616. Thank you, .~. Ryan Strom Vice President GEC o s 200 3481 SE Willoughby Blvd. Suite 102 Stuart, Florida 34994 P: (772) 781-1616 F: (772)781-0620 www.TeamParksInc.com