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HomeMy WebLinkAbout2010 - BPSC Industries ~8CISEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3462185 04113t2010 of 04:34 PM OR BOOK 3187 PAGE 1092 - 1104 Doc Type: AGR RECORDING: $112.00 PROPORTIONATE FAIR SHARE AND ROAD IMPACT FEE CREDIT AG SENT BETWEEN ST. LUCIE COUNTY, FLO DA AND BPSC INDUSTRIES, LLC FOR BPSC INDUSTRIES SITE PLAN This Proportionate Fair Share and Road Impact Fee Credit Agreement ("Agreement"} is made and entered into this _~ day of _ ~G~~ `, 2010, by and between ST. LUCIE COUNTY, apolitical subdivision of the State of Florida ("County"} and BPSC INDUSTRIES, LLC, a Florida limited liability company ("Developer"). WITNESSETH WHEREAS, this Agreement is entered into in accordance with Section 163.3180, Florida Statutes, and Section 5.07, St. Lucie County Land Development Code {"LDC"), which allows for the County and a developer to enter into an agreement for the developer to make proportionate fair share payments in order to mitigate capital improvements needed to address the impacts of development; and WHEREAS, Developer owns certain real property located in St. Lucie County, Florida, as more particularly described in Exhibit "A", which is attached hereto and incorporated herein by this reference ("Property"), a portion of which Developer has received Major Final Site Plan approval for its proposed development known as the BPSC Industries Site Plan consisting of 374,950 square feet of office, warehouse and light ~manufactLUing space ("Development") as set forth in Resolution No. 10-008, recorded in Official Record Book 3162, Pages 917-923, of the Public Records of St. Lucie County, Florida ("Resolution"); and WHEREAS, Resolution. Condition. No. 2 requires the Developer to dedicate certain right-of--way for 53rd Street; and WIIEREAS, the Developer has agreed to construct a sidewalk from Center Street (a/k/a 53rd Street) north to St. Lucie Boulevard in existing St. Lucie County right-of way; and WHEREAS, Resolution Paragraph 9 and Condition. No. 4 require that Developer demonstrate compliance with Chapter 5, Adequate Public Facilities, LDC, by entering into a Proportionate Fair Share Agreement; and RM:6342547:6 1 WHEREAS, County has determined that the Development will impact the road intersections of (i) Kings Highway and St. Lucie Boulevard and (ii) Kings Highway and Angle Road, and that it is necessary for the intersections to be improved by County in order to handle the Development's impacts and for Developer to comply with Chapter 5 of the LDC ("Intersection Improvements"); and WHEREAS, County has placed the Intersection Improvements in the currently adopted 5 year Capital Improvement Plan and identified the total cost of such Intersection Improvements as Sixteen Million and no/100 Dollars ($16,000,000.00); and WHEREAS, County and Developer have determined that Developer's fair share of the Intersection Improvements cost is .36 % of the Kings Highway and St. Lucie Boulevard improvements and .29 % of the Kings Highway and Angle Road improvements as calculated by AECOM, Inc., in the documents dated December 21, 2009, attached as Exhibit "B" and incorporated herein by this reference; and WHEREAS, Developer's share of the Intersection Improvements cost is Forty- Eight Thousand Six Hundred Thirty-Four and 21/100 Dollars ($48,634.21) and by paying this amount Developer will have satisfied all requirements for concurrency pursuant to Chapter 5, Adequate Public Facilities, LDC and will have no further obligation or responsibility to construct any off-site improvements not shown on the approved final site plan; and WHEREAS, County has adopted a "Roads Impact Fee Ordinance" which imposes impact fees relating to public transportation facilities; and WHEREAS, Section. 5.07.E., LDC provides for impact fee credit for proportionate fair share contributions; and WHEREAS, the Intersection Improvements are part of St. Lucie County's Roads Impact Fee Eligibility network; and WHEREAS, upon payment of Developer's share of the Intersection Improvements, Developer shall be entitled to road impact fee credit in the amount of Forty-Eight Thousand Six Hundred Thirty-Four and 21/100 Dollars ($48,634.21); and WHEREAS, Section 1-17-33.1(c), of the Code of Ordinances of St. Lucie County provides for credits against road impact fees when a contribution, payment, construction or dedication meets the needs of the County, for right-of--way dedications and certain off-site improvements. NOW, THEREFORE, in consideration of the promises, mutual covenants, and conditions contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows: RM:6342547:6 1. Recitals. The above recitals are true and correct and incorporated herein. 2. Pro er The Property governed by this Agreement is described in Exhibit "A" attached hereto. Development. The Development governed by this Agreement is the BPSC Industries Site Plan, which received Final Site Plan approval from the St. Lucie County Board of County Commissioners on January 5, 2010, ursuant to Resolution No. 10-008, recorded in Official Record Book ~I(p'~ ,Page ~, Public Records of St. Lucie County, Florida Public Records. 4. CapitalImprovements. The roadway intersection improvements at the intersection of Kings Highway and St. Lucie Boulevard and at the intersection of Kings Highway and Angle Road are to be constructed by County or some other party other than Developer and are included in County's currently adopted 5 year Capital Improvement Plan and have a projected total cost of Sixteen. Million and No/100 Dollars ($16,000,000.00). Developer is obligated to pay a proportionate fair share cost of the Intersection Improvements to comply with Chapter 5 of the LDC, but has no obligation or responsibility to construct the Intersection Improvements. 5. Developer's Proportionate Fair Share. Developer's proportionate fair share cost, based on the methodology set forth in Section 5.07.D.3, L,DC, is Forty-Eight Thousand Six Hundred Thirty-Four and 21/100 Dollars ($48,634.21). This was calculated by multiplying Developer's share of the service volume increase as a result of the Intersection Improvements, which equals .36 of the Kings Highway and St. Lucie Boulevard improvements and .29 % of the Kings Highway and Angle Road improvements. 6. Timing of Payment. Developer shall pay County the full amount of the proportionate fair share cost set forth in Paragraph 5 upon approval of this Agreement, and upon approval of the Agreement and payment the Certificate of Capacity for the Development shall be effective. The Certificate of Capacity shall run with the land and shall be effective for so long as the Final Site Plan for the Development is effective, including any approved extensions thereto, unless a longer period of time is approved by future amendments to the LDC. RM:6342547:6 3 7. Right-of-wav Dedication. Within 90 days after receiving Major Site Plan approval, Developer will convey to the County seventy (70) feet of right-of--way pursuant to Resolution Condition No. 2 for additional right-of--way for 53rd Street, as more specifically set forth in Exhibit "C", which is attached hereto and incorporated herein. Developer shall be entitled to road impact fee credits for such conveyance. 8. Sidewalk Construction. Prior to the issuance of any Certificate of Occupancy for the Property, Developer will construct a sidewalk within existing St. Lucie County right-of--way from Center Street (alk/a 53rd Street) north to St. Lucie Boulevard. Developer shall be entitled to road impact fee credits for such construction upon completion. 9. Impact Fee Credit. A. Upon. payment of the proportionate fair share cost set forth in Paragraph 5, Developer shall receive a credit against Road Impact Fees in the amount of Forty-Eight Thousand Six Hundred Thirty-Four and 21/100 Dollars ($48,634.21) (this amount collectively with subparts B. and C. below, are hereafter referred to as "Credits"), which represents Developer's fair share cost for the Intersection Improvements. B. Upon Developer's conveyance of the right-of--way described in Paragraph 7 above, Developer shall receive a credit against Road Impact Fees in an amount equal to one hundred and twenty percent (120%) of the St. Lucie County Property Appraiser's assessed value of the property or, at Developer's option, in an amount established by an independent property appraisal, prepared by an individual who is both a member of the appraisal institute (MAI) and a state certified general appraiser paid for by Developer, together with reasonable costs, including but not necessarily limited to, survey, closing anal title information costs. The County may, at its option, retain a review appraisal of the independent property appraisal in accordance with Section 1-17-37 of the St. Lucie County Code. C. Upon Developer's construction of the sidewalk described in Paragraph 8 above, Developer shall receive a credit against Road Impact Fees in the amount of equal to the estimated costs of the construction of the sidewalk, as certified by Developer's engineer and approved by the County Engineer. D. The Credits set forth herein are limited solely to the Property described in Exhibit "A". Road impact fees owed for the Development shall be reduced by the Credits as such fees become due. The Credits are not transferable to any other property owned by Developer and may only be applied against Road Impact Fees for the Development or for other development on the Property. RM:6342547:6 4 10. Term. The term of this Agreement shall be concurrent with the term of the Resolution, as extended; however, notwithstanding the term of this Agreement, the Credits authorized under Paragraph 9 of this Agreement shall be effective until all Credits have been consumed. In the event that Developer requests the County to rescind the Final Site Plan or the Final Site Plan expires, and the funds paid for the proportionate fair share contribution have not been used for their intended purpose and no development has occurred on the Property and all Credits have not been used, then the proportionate fair share payment shall be refunded to Developer, to the extent of Credits remaining, upon request and neither party shall thereafter have any further responsibility or obligations under this Agreement. 11. Effect of Contrary State or Federal Laws. In the event that any state or federal law is enacted after the execution of this Agreement that is applicable to and precludes the parties from complying with the terms of this Agreement, then this Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal law. 12. Enforcement. County, Developer, or any other aggrieved or adversely affected person, may file an action for injunctive relief in the Circuit Court for St. Lucie County to enforce the terms of this Agreement. In the event County or Developer is required to seek enforcement of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party all costs of such action, including reasonable attorney's fees. 13. Headings. The headings contained in this Agreement are for convenience of reference only and do not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 14. Pronouns. In this Agreement, the use of any gender will be deemed to include all genders, and the use of the singular will include the plural, wherever it appears appropriate from the context. I5. Waivers. The failure or delay of any party at any time to require performance by another party of any provision of this Agreement, even if known, will not affect the right of that RM:6342547:6 parry to require performance of that provision or to exercise any right, power or remedy, and any waiver by any party of any breach of any provision of this Agreement should not be construed as waiver of any continuing or succeeding breach of provisions, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in this case will, of itself, entitle a party to any other or further notice or demand in similar or other circumstances, unless otherwise specified in the Agreement. 16. Assignment. This Agreement may be assigned by Developer to its legal representatives and successors-in-interest. In addition, the Letter of Capacity Reservation, which runs with the Property, may be conveyed, transferred or assigned by Developer even if the development order for the Development expires or this Agreement expires. Developer may assign all or part of the impact fee credit set for in Paragraph 9 above to its successors in title and interest to the Property. In the event of any assignment under this Agreement, Developer shall provide notice to the County as set forth in Paragraph 22 below. 17. Binding Effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. 18. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. 19. Construction. This Agreement shall be construed as the joint and equal work product of the parties and shall not be construed more or less favorably on account of its preparation. 20. Force Majeure. Developer shall not be responsible for delay or failure of performance of any of its obligations under this Agreement, caused in whole or in part by a Force Majeure Event (as defined herein below). If a Force Majeure Event occurs, the expiration of the Development Order and the Certificate of Capacity shall be tolled by the number of days of delay in the Developer's performance caused by such Force Majeure Event. The following shall be Force Majeure Events: wars, riots, fires, hurricanes, tornadoes, floods, explosions, breakdowns or accidents; strikes, lockouts or other labor difficulties; lack or shortages of labor, materials, utilities, or energy sources, moratoriums, delays in the issuance of federal, state or local governmental or quasi-governmental permits or RM:6342547:6 6 approvals not due to Developer or its agents; any other like causes; or any other unlike causes beyond the control of the party whose performance is affected thereby. The foregoing shall. be in addition. to and not in limitation of any excuses for nonperformance available to Developer under this Agreement or any applicable law. Developer shall make all reasonable efforts to remove such disability as soon as possible. 21. Entire Agreement. This Agreement constitutes the entire Agreement between the parties relating to the subject matter hereof and supersedes all prior agreements or understandings made in connection with the subject matter. The Development Orders, Development Permits, Certificate of Capacity and conditions thereon pertaining to the Property are lawful government actions, and shall not be construed as agreements. No modification or amendment of this Agreement shall be binding upon the parties unless the same is in writing and signed by the party to be bound. 22. Notices. Any notice, request, demand, instruction or other communication to be given to either party under this Agreement shall be in writing and shall be hand delivered, sent by Federal Express or a comparable overnight mail service, or by U.S. Registered or Certified Mail, return receipt requested, postage prepaid, to County and to Developer at their respective addresses below: As to County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Fl 34982 With a copy to County's Legal Representative: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 As to Developer: Patrick Borrico BPSC Industries, LLC 3180 Fairlane Farms Road, Ste 1 West Palm Beach, Florida 33414 with a copy to: Noreen S. Dreyer, Esq. Ruden McClosky 145 NW Central Park Plaza, Ste 200 Port St. Lucie, Florida 34986 RM:6342547:6 7 23. Successors and Assigns. This Agreement shall be binding upon the parties and their successors and assigns. In the event of assignment of this Agreement, Developer shall provide notice to County as set forth in Section 22 above and the original assignment shall be recorded in the public records of St. Lucie County. 24. Recording. This Agreement shall be recorded by the County in the public records of St. Lucie County. IN WITNESS WHEREOF, the parties hereunto have executed this Agreement on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTES ~ ST. LUCIE CO~JNTY, FLORIDA ,y .... "-' ~1 ^ ~~'~ rJ APPR VED AS TO FORM AND Via. ~. ~. , ~ ~„- ~ CORRE N S * /1 COUN~'Y ATTO _ ~ C INDUSTRIES, LLC By: R. ~~ Its: n~-,u neh ~ RM:6342547:6 g WITNESSES: Exhibit "A" Legal Description of Project p~-~c~L `~~~ WeGt 1l2 G# the 5~ 1,/4 of t~se tr*i4 Ij4 0! Seccan 31, .aro+rshi~ 3$ 5auth, Range 4(~ Eastt excepting t:tecerota rignca of crap far drainage ~annls and ?~hlc raads. PA9tCEL 7 ; Thr: wte~t 795.1 £aat of the SauCh IZ67.5 feet Cxt tAE harth X217.5 seat at the SW I/a of the N~ I/~ Hof BecLiarx 33, 'ro~+nahip 31 Sauth, RRags 44 8ast3 ca:~taintng 31,3 aere~, PA.~tC'RL 3: 4he Seurh 583..6 feat of the ~o:th 633.8 feae Ot the fb~c 1/x at the ss 1/y at tho NN 1/~t of :G.+;-tic+r 3~~ aoK~eh~ ao SoUth, Range 96 Ea6ts canie~ini.ng B.6 aczm~, rare a ie~~. ~MftCtL # : ':tie u:;uE:. 563.8 Le~:t AP the t~ort}1 1217.6 _eet of C3;~ ~$~t Ij3 of Ghe SE 2/4 0! the xStiC 1/l of Settlan 31. Tawnahlp 39 sautti~ ae~ge 4Q 4aHt, cantnir:nr~ ~.4 ac*~e~, .'.^.O~n z5T ~,4da, ::1I_ BEING :iN ST. LUC.E GOtt"7'T F:.f3RT~A. RM:6342547:6 9 BPSC Industries, Inc. Fair Share Calculation Exhibit B 1 of 2 EBL Kin s EBT hi hw EBR a / An WBL ~e rsa WBT WBR NBL NBT NBR SBL SBT SBR Total Condition without Improvements 161 74 609 65 150 692 61 Badc round +Commited + Project Tri s 37 25 55 118 74 609 65 903 Lane Grou Volumes v h 37 80 118 74 161 74 30 1 2 48 1.07 Flow Rate Ad~ustment Factor 1.43 1.60 1.75 3.35 . 791 . 161 964 HCM Ad'usted Flow Rate v h 53 128 206 248 568 633 666 2567 Lane Grou Ca aci v h 142 182 192 14 184 -64 0 -223 472 -298 Lane Grou Ca aci Deficit v h 89 54 - 4 0 12 Pro'ecttri s v h 0 0 0 0 0 0 5 0 13 Ad'usted Project Tri s v h 0 0 0 0 0 13 18 Ad'usted Project Tri s Contributin to Deficit h 0 0 5 Condition with Improvements Back round +Commited+ ro'ect traffic 37 25 55 118 74 161 74 609 65 150 692 61 Lane Grou Volumes 37 80 118 235 161 74 609 65 150 753 Flow Rate Ad"ustment Factor 1.08 1.00 1.08 0.34 0.98 1.08 1.09 0.98 1.09 0.15 HCM Ad'usted Flow Rate 40 80 128 80 158 80 662 64 646 163 844 112 2913 8765 Lane Grou Ca aci 259 1017 273 703 314 465 1331 Proportionater Fair-Share Calculations Intersection Ca aci with Pro'ectTri s Before Im rovement 2567 Intersection Ca aci with Pro'ectTri s After Im rovement 8765 Increase in Intersection Ca aci 6198 Project Trips Contributing to Intersection Group Deficit 18 29% 0 Proportionater Fair Share Percentage . Intersection Im rovement Cost $13,000,000 3 7 766 .77 Proportionater Fair Share Cost , F106W88,rretlk loose. svreaa~etrimerse~tbn a,ayets_aroPonprmtesatr_stare.tzte.os.tdq~ds Prepared by AECOM USA 12/22/2009 3:44 PM BPSC Industries Fair Share Calculation Exhibit B 2 of 2 EBL EBT EBR WBL P WBT WBR M Peak NBL NBT NBR SBL SBT SBR 2009 Condition no improvements Back round + Commited + Project Tri s Lane Grou Volumes v h Flow Rate Ad'ustment Factor HCM Ad~usted Flow Rate h Lane Grou Ca aci v h Lane Grou Ca ac' Deficit v h Project tri s v h Ad'usted Project Tri v h Ad'usted Project Tri s Contributin to Deficit v h 24 0 0 0 7 1.00 7 367 360 0 0 0 0 152 94 1.05 99 351 252 12 13 342 1.02 349 396 47 0 0 160 5 0 11 1.09 12 366 354 0 0 696 932 1.05 981 881 -100 0 0 26 1.05 0 4 4 4 47 204 1.05 215 287 72 7 7 7 693 639 1.05 672 1209 537 0 0 0 0 857 2 2009 w improvement Back round + commited+ ro'ect traffic Lane Grou Volumes Flow Rate Ad'ustment Factor HCM Ad'usted Flow Rate Lane Grou Ca ac' 24 14 1.07 15 317 152 163 1.06 172 317 3 1.00 3 423 160 671 706 748 22 1.05 23 173 696 1641 1.05 1727 1548 26 167 1.05 176 691 47 400 1.05 421 422 693 1235 1.05 1300 2414 053 Pro ortionater fair share calculations s Before Improvement ith Project Tri it i C 3857 Summary of Fair Share Costs p y w apac on Intersect Intersection Capacity with Project Trips After Improvement 7053 Total Contribution of Intersection improvements Increase in Intersection Capac 3196 Deficft ti Gro I t 12 Kings Highway/Angle Road $37,766.77 up on n ersec Project Trips Contributing to t P 0.36% Kings Highway/St Lucie Blvd $10,867.44 age ercen Proportionater Fair Share Intersection Improvement Cost $3,000,000 Totat contribution $48,634.21 Proportionater Fair Share Cost $10,867.44 p:\p6-p08B\TraHic 20098. Spreadsheets\Intersectlon Malysia_Proportionate_Fair Share.12.18.0.9.idgxls Prepared by AECOM USA 1 2/2 2 /2 0 09 3:44 PM SHEET ~ ®F 2 Exhibit "C" I POINT OF COMMENCEMENT N.W. CORNER ~ S. W. 1 /4 NORTH RIGHT-OF-WAY LINE OF , OF N.E. 1/4 OF SECTION 31, I CENTER ROAD (53RD STREETS TOWNSHIP 34 S. RANGE 40 E. 3 I CENTER ROAD {53RD STREET) ifl o ' RIGHT-OF-WAY 50 I N cy 0 N.88'5fi'09"W. 133203' I vi 3 o SOUTH RIC~iT-OF-WAY LJNE OF N o CENTER ROAD (53RD STREET) ~ 0 i v i 70.0' "~ POINT OF BEgNNING I W I~ w ~ z ~~ t ~ `~ W M to ~ n N ~ (tJ 3 WF ~ O N C 0 V! W ~ N O W r Z ~3 v~i z ~O S.88'5fi'38"E. 70.0' 41 O iV Q 0 Z SECTION 31, TOWNSHIP 34 S.. RANGE 40 E. NORTH RIGHT-OF-WAY LINE OF F.P.F.W.M.D. CANAL No. ~ Legal Description and Sketch This is Not a Survey sEE sHE~r 2 of 2 NOTES: 1. NOT VALID MTHOUT SHEET 2 a Earle R. Starkey. F~rofeeeiond Land Surveyor Re~sb'ation Number M59 -State of Florkia ACCURIGHT LAND SURVEYING, INC. .~ Na:3000-,2-~~' «~: DATE 01/20/20/0 SURVEYORS DESIGNERS LAND PLANNERS CONSULTANTS DRAIATI BY: ER.S. Licensed Business Numba- 6607 1501DECI~RAVENUE,SUITE418-o p~~~p,~~j~9y7~{ ~~ 8Y: ER.S. S'!l]ART, FLORIDA 3994 FAX (~~'~ SCALE: NOT TO SCALE ~~r z of ~ LEGAL DESCRIPTION 70' ROAD RIGHT-OF-WAY DEDICATION LEGAL DESCRIPTION BEING KNOWN AS A PARCEL OF LAND SITUATED IN A PORTION OF THE NORTH ONE-HALF OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF COMMENCEMENT START AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE HEREINBEFORE DESCRIBED SECTION 31; SAID POINT OF COMMENCEMENT ALSO BEING A POINT OF THE NORTH RIGHT-OF-WAY UNE OF CENTER ROAD (53RD STREET) THENCE RUN SOUTH 01'02'26" WEST A DISTANCE OF 50.00 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID CENTER ROAD, THENCE RUN NORTH 88'56'09" WEST ALONG SAID SOUTH RIGHT-OF-WAY UNE A DISTANCE OF 1332.03 FEET TO THE POINT OF INTERSECTION WITH THE WEST UNE OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 3i; THENCE RUN SOUTH 01'02'10" WEST ALONG SAID WEST UNE A DISTANCE OF 10.00 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUE SOUTH 01'02'10" WEST A DISTANCE OF 1147.77 FEET TO THE POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY UNE OF FORT PIERCE FARMS CONTROL DISTRICT CANAL N0.1; THENCE RUN SOUTH 88'56'38" EAST ALONG SAID NORTH RIGHT-OF-WAY UNE A DISTANCE OF 70.00 FEET TO A POINT; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY UNE RUN NORTH 0.1'02'10" EAST ALONG A LINE LYING 70.00 FEET EAST OF AND PARALLEL WITH SAID WEST UNE OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 31 A DISTANCE OF 1147.76 FEET TO THE POINT OF INTERSECTION WITH A UNE LYING 10.00 SOUTH OF AND PARALLEL WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID CENTER ROAD; THENCE RUN NORTH 88'56'09° WEST ALONG SAID PARALLEL UNE A DISTANCE OF 70.00 FEET TO THE POINT AND PLACE OF BEGINNING. PARCEL CONTAINING 80,343.55 SQUARE FEET MORE OR LESS. N07ES: 1. NOT VAL.lD WITHOUT SHEET 1 ACCURIGHT LAND SURVEYING, INC. SURVEYORS DESIGNERS LAND PLANNERS CONSULTANTS Ucensed Buaineaa Number 6607 1501 DECKER AVENUE. SIHTE 419-0 OFFICE PHOPIE {T72~288~7894 3TUART, FLORIDA 34894 FAX(/72)220.7993 sEE sNEEr , c~ 2 ,!~ No.:300a-12-iEGAU REH~ON~ DATE: 01/20/2010 DRAWN 8Y: EA.S. CHECKED BY: ER.S SCALE: