HomeMy WebLinkAbout2010-003 Dybra PSL DevelopmentRE-RDCCJr7RDEI) '!O ADD ~iIBIT npin
RIF 10-003
A ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE
COUNTY, FLORIDA AND DYBRA PSL DEVELOPMENT, LLC IN
CONSIDERATION FOR THE DONATION OF RIGHT-OF-WAY
ALONG LENNARD ROAD.
THIS AGREEMENT is made and entered into as of this 12th day of October, 2010, by and
between ST. LUCIE COUNTY, FLORIDA, n political subdivision of the State of Florida, hereinafter
referred to as "St. Lucie County" and DYBRA PSL DEVELOPMENT, LLC, whose address is 520 South
Magnolia Avenue, Orlando, Florida 32801, hereinafter referred to as "Prima Vista Commons."
WITNESSETH:
WHEREAS, on August 28, 2007, Dybra PSL Development, LLC dedicated to St. Lucie County,
through Resolution No. 07-264 recorded in the Public Records of St. Lucie County, certain property
representing 11.33+/- acres, for the future widening and public utility infrastructure along Lennard
Road in consideration of the Lennard Road MSBU, as further described in the attached Exhibit "A"
(the "Dedication"), on which it is developing a project to be known as Prima Vista Commons 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 a part of the
County's Roads Impact Fee Eligibility network; and,
WHEREAS, Lennard Road is part of St. Lucie Cvunty'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:
I54 000
WHEREAS, Dybra PSL Development, LLC is desirous of establishing the amount of Credit
that Prima Vista Commons 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:
JOSEPH E. SMITH. CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3570135 03 11 2011 at 1022 AM
OR BOOK 3275 PAGE 201& - 2028 Doc Type. AGR
RECORDfI`JG: $95.00
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3587941 03/04/2011 at 10:52 AM
OR BOOK 3273 PAGE 2272 - 2274 Doc Type: AGR
RECORDING: $27.00
Section 1. Incorporation by Reference.
The above recitals are true and correct and made a port of this Agreement by reference.
Section 2. Amount of Credit.
Dybra PSL Development, LLC is entitled to a credit against Road Impact Fees in the amount of
One Hundred Fifty Four Thousand ($154,000) 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
Leonard Road.
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 Dybra PSL
Development, LLC in St. Lucie County. The credit may only be applied against Road Impact Fees and
shall not be transferable as a credit against other impact fees imposed for purposes other than
roods.
Section 4. Assignability of Credit.
Dybra PSL Development, LLC 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 Dybra PSL Development, LLC 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
2300 Virginia Avenue
Fort Pierce, Florida 34982
with a copy to: County Attorney
2300 Virginia Avenue
Fort Pierce, Florida 34982
Section 5. Recordnbility of Agreement.
This Agreement shall be recorded by St. Lucie County in the Public Records of St. Lucie
County and shall be binding upon Dybra PSL Development, LLC 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 a building permit, or similar development
approval.
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:
ATTEST:
WITNESSES:
- ~ ~~
Signature
~O~ CL~1, ~ ~C~ QYl
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF ORANGE
s
BOARD OF NTY COMMISSIONERS,- ; . ,
ST. LU E UN LOR A . ~` ' ~,
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APPROVED AS TO FORM ANA,.
By:
DYBRA PSL DEVELOPMENT, LLC
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
`~
RAYMOND R. BRADICK
MANAGING MEMBER
BEFORE ME, the undersigned authority, personally appeared RAYMOND R. BRADICK, and
are authorized to sign and execute the above Agreement and that the representations above stated
are true and correct to the best of i,,is/her knowledge, information, and belief.
SWORN TO AND SUBSCRIBED before me this dny of February, 2011.
p~'/i'r'~ ~•.,~ OE80RAH P. RAGAN
F ~ : Notary Public -State Of Florida
• My Comm. Expires Mar 27, 2016
t` Commission ~ EE 47401
`~~• 9onaearnrougnNaiionaiNotaryAtlA. Notary Public, Stnte of Flori
RESOLUTION NO. 07-264
A RESOLUTION ACCEPTING A
WARRANTY DEED FOR
LENNARD ROAD MSBU
ON BEHALF OF ST. LUCIE COUNTY, FLORIDA
BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
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Florida, that:
The foregoing WARRANTY DEED is duly accepted on behalf of St. Lucie County
this 28T" day of AUGUST, 2007.
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3108611 09/14/2007 at 02:58 PM
OR BOOK 2880 PAGE 609 - 616 Doc Type: RESO
RECORDING: $69.50
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Clerk
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA?''
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APPROVED AS TO FORM AND
CORRECTNESS:
BY:
6:\ACQ\WP\Right of Way Donations\Prima Vista Commons\Resolution No. 07-264.wpd
This Instrument Prepared by:
Treasure Coast Abstract & Title Insurance Co.
500 Virginia Avenue, Suite 200
Fort Pierce, Fl 34982
Wendy Lounds/File No. 07-1093
WARRANTY DEED
THIS WARRANTY DEED, executed this Jc~'day of August, 2007 by
DYBRA PSL DEVELOPMENT, LLC, a Florida limited liability company
herinafter called the Grantor, to
ST. LUCIE COUNTY, a political subdivision of the State of Florida
whose address is: 2300 Virginia Avenue, Fort Pierce, FL 34982
Hereinafter called the Grantee:
(Wherever used herein, the terms "Grantor" and "Grantee" shall include singular and plural, heirs,
legal representatives, and assigns of the individuals, and the successors and assigns of corporations,
wherever the context so admits or requires.)
WITNESSETH, That the Grantor, for and in consideration of the sum of $10.00 and
other good and valuable considerations, in hand paid by the Grantee, the receipt whereof is
hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and
confirms unto the Grantee forever, all that certain land situate, lying and being in the County of
St. Lucie, State of Florida, to-wit:
See Exhibit "A" attached hereto and made a part hereof
SUBJECT TO the following:
Restrictions, reservations, and easements of record, if any, provided, however,
that this reference shall not serve to reimpose the same.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging
or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of
said land in fee simple; that the Grantor has good right and lawful authority to sell and convey
said land; that the Grantor hereby fully warrants the title to said land and will defend the same
against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2005.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day
and year first above written.
Signed, Sealed and Delivered
in the Presence of:
DYBRA PSL DEVELOPMENT, LLC, a
Florida limited liability company
BY: BEL-AIRS DEVELOPMENT GROUP,
~ INC. a Florida corporation, as Managing-
] G~2e~, Member
ADDRESS: 2300 Lee Roa~d,~Winter Park, FL 32789
.~~~ //~i[.r
By.
. Michael Kalin, Vice President
STATE OF ~IoR.c~CL
COUNTY OF ORQ,vLq ~
ADDRESS: 2300 Lee Road, Winter Park, FL 32789
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this
day of August, 2007, by B. Michael Kalin, Vice President of Bel-Aire Development Group,
Inc, which is the Managing Member of Dybra PSL Developmant, LLC, who is personally known
t_ o me or who produced as identification and who did not take an
oath.
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f~SSOCIATES, gNCOFF~OFZATED
FNGINEE111NG -EANNING SUIIV FYING ENVIIIONMFNf AI
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
(407> 843-5120
ST. LUC1E FLORIDA
CDUN T Y
PROPOSED
RIGHT-OF-WAY AND
POND DEDICATION
FOR L ENNARD ROAD
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CURVE RAD /US ARC LENGTH DEL TA
C1 815.00' 183. 18' 12°52'40"
C2 1130.00' 543. 40' 27°33' 10"
C3 1000. 00 ' 22. 12 ' 1 ° 16 ' 03 "
C4 272.68' 180.37' 37°54'00"
CS 858.86' 106.85' 7°07'92"
C6 1000.00' 155. 96' 8°56'09"
C7 1130.00' 274.35' 13°54'39"
C8 685.00' 105.20' 8°47'57"
o I 533 ° 15 ' 41 "E 35.45 ' --
I I \ •\ ~ ~ LEGEND
P.O.B. = POINT OF BEGINNING
rj I I n '\ ~• ~ ~ DELTA -CENTRAL ANGLE
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^~ I I \ \ POC -POINT ON CURVE
~ ~ I I \ S23 °\30' 08 "E 108. 92 ' PT -POINT OF TANGENCY
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3 3 I NOS ° OS ' 24 "E \ SEC. - SECTION
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136.08------ ---~
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~ N00°15'06"W 40.00'
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SKETCH OF DESCRIPTION ONLY. THIS lS NOT A SURVEY.
/ HEREBY CERTIFY THAT TH/5 SKETCH OF
DESCRIPTION /S IN ACCORDANCE WITH THE
'MINIMUM TECHNICAL STANDARDS" AS REOU/RED
BY CHAPTER 6IGI7-6 FAC.
SANDRA V.BAII.EY PLS.
LICENSE NUMBER 4972
NOT VALID WITHOUT THE SIGNATURE AND THE OR/G/NAL
RAISED SEAL OF A FLOR/OA L/CENSEO SUR/EYOR AND MAPPER
AUG 1
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CERTIFICATE OF AUTHORIZATION NO. LB l22/
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~L t~SSOCIATES, gNCOFtO'ORATEI~
fNGINEF111NG -LANNING SUIIVFVING ENVIIIONMENf AI
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
(407) 843-5120
S T. L UClE FLOR/DA
COUNT Y
PROPOSED
RIGHT-OF-WAY AND
POND DEDICATION
FOR L ENNARD ROAD
REVD 8//0/04 SVB
ADDED P.O.B.
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N89°57'02 "E
1 15. OO' NORTH L /NE SOUTH 1/2 OF LOT 8
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SEE SNEE T 2
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P.O.B. = POINT OF BEGINNING
DELTA =CENTRAL ANGLE
PC =POINT OF CURVATURE
P.L.S. = PROFESSIONAL LAND SURVEYOR
PT =POINT OF TANGENCY
R/W =RIGHT OF WAY
SEC. = SECTION
TAN. = TANGENT
TB =TANGENT BEARING
• =CHANGE IN DIRECTION
NOTE:
THIS SKETCH AND LEGAL WAS PREPARED
WITHOUT THE BENEFIT OF A TITLE OPINION.
DO NOT USE FOR REAL ESTATE TRANSACTIONS.
BEARING STRUCTURE BASED ON THE WEST LINE
OF THE NW l/4, OF SEC. 23-36-40,
AS NOO'l5'06"W. ASSUMED.
SKETCH OF DESCRIPTION ONLY. THIS lS NOT A SURVEY.
AUG ~ ~ 2007
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beL ASSOCIATES, yNCOPtEORATED
ENGINEEIIINf: -I ANNING SUIIVEVING • ENVIIIONMEN IAI
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
(407> 843-5120
J
S T . L UC / E FLOR/DA
COUNT Y
PROPOSED
R 1 GH T -OF -WAY AND
POND DED 1 CA T 1 ON
FOR L ENNARD ROAD
REVD 8//0/04 SV8
ADDED P.O.B.
iiniF itz na niece lPV_SKl_nn/
IPVSKIPTS
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SHEET 4 OF 5
SEE SHEET 2 8 3 FOR SKETCH
LEGAL DESCRIPTION
THAT PORTION OF THE SOUTH HALF OF LOT 8 AND PART OF LOTS 9, 10, AND 11,
BLOCK 2, ST. LUCIE GARDENS, LOCATED IN SECTION 23, TOWNSHIP 36 SOUTH,
RANGE 40 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 35, OF THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A 5/8 INCH IRON ROD AND CAP STAMPED "LB 1221" MARKING THE
SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 36
SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA THENCE N00°15'06"W,
ALONG THE WEST LINE OF SAID QUARTER, A DISTANCE OF 40.00 FEET; THENCE
DEPARTING SAID WEST LINE RUN 889°58'47"E, ALONG THE WESTERLY EXTENSION
OF THE NORTH RIGHT-OF-WAY OF TILTON ROAD, A DISTANCE OF 15.00 FEET TO
THE WEST LINE OF THE AFORESAID LOT 10 AND THE POINT OF BEGINNING;
THENCE N00°15'06"W, ALONG SAID WEST LOT LINE, A DISTANCE OF 34.15 FEET
TO A NON-TANGENT POINT ON A CURVE CONCAVE TO THE SOUTHEAST HAVING A
RADIUS OF 815.00 FEET, A CENTRAL ANGLE OF 12°52'40", A CHORD BEARING OF
N40°49'36"E, AND A CHORD LENGTH OF 182.79 FEET; THENCE FROM A TANGENT
BEARING OF N34°23'16"E, DEPARTING SAID WEST LOT LINE RUN NORTHEASTERLY
ALONG SAID CURVE AN ARC DISTANCE OF 183.18 FEET TO THE POINT OF
TANGENCY; THENCE N47°15'56"E, A DISTANCE OF 115.25 FEET; THENCE
N05°05'24"E, A DISTANCE OF 66.96 FEET TO A NON-TANGENT POINT DN A CURVE
CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1130.00 FEET, A CENTRAL
ANGLE OF 27°33'10", A CHORD BEARING OF N23°22'26"W, AND A CHORD LENGTH
OF 538.18 FEET; THENCE FROM A TANGENT BEARING OF N37°09'01"W, RUN
NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 543.40 FEET TO A NON-
TANGENT POINT ON THE WEST LINE OF THE AFORESAID LOT 9; THENCE
N00°15'06"W, ALONG SAID WEST LOT LINE AND ALONG THE WEST LINE OF THE
SOUTH HALF OF THE AFORESAID LOT 8 , A DISTANCE OF 806.77 FEET TO THE
NORTHWEST CORNER OF SAID SDUTH HALF OF LOT 8; THENCE DEPARTING SAID
WEST LOT LINE RUN N89°57'02"E, ALONG THE NORTH L]NE OF SAID SOUTH HALF
OF LDT 8, A DISTANCE OF 115.00 FEET; THENCE DEPARTING SAID NORTH LINE,
RUN 800°15'06"E PARALLEL WITH THE AFORESAID WEST LOT LINE , A DISTANCE
OF 622.86 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST
HAVING A RADIUS OF 1000.00 FEET, A~CENTRAL ANGLE OF 01°16'03", A CHORD
BEARING OF 800°53'07"E, AND A CHORD LENGTH OF 22.12 FEET; THENCE FROM A
TANGENT BEARING OF 800°15'06"E RUN SOUTHERLY ALONG SAID CURVE AN ARC
DISTANCE OF 22.12 FEET; THENCE N88°28'51"E, ALONG A RADIAL LINE
EXTENDING PERPENDICULAR FROM SAID CURVE, A DISTANCE OF 56.48 FEET;
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CONTINUED ON SHEET 5
SKETCH OF DESCRIPTION ONLY. THIS lS NOT A SURVEY.
QUG ~ 5 2007
~~~~~~
r~C ASSOCIATES, gNCOGFO'ORATED
ENGINE [IIING -IAN NIN C: SU11V [PING EN VIVO NMEN[AI
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
C407) 843-5120
S T . L UC ! E FLOR/DA
COUNT Y
PROPOSED
RIGHT-OF-WAY AND
POND DED 1 CA T ION
FOR L ENNA RD ROA D
JUNE 18.04 NAC ~ IPVSKl.00/
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~1~f r 4 t t' ~'
SHEET 5 OF 5
SEE SNEE T 2 8 3 FOR SKETCH
CONTINUED FROM SHEET 4
THENCE 535°11'46"E, A DISTANCE OF 272.46 FEET; THENCE 552°21'26"E, A
DISTANCE OF 35.43 FEET; THENCE 525°57'51"E, A DISTANCE OF 44.03 FEET;
THENCE 561°57'44"E, A DISTANCE OF 184.38 FEET; THENCE 533°15'41"E, A
DISTANCE OF 35.45 FEET; THENCE 501°55'46"E, A DISTANCE OF 116.06 FEET;
THENCE 523°30'08"E, A D-ISTANCE OF 108.92 FEET TO A NON-TANGENT POINT ON
A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 272.68 FEET, A
CENTRAL ANGLE OF 37°54'00", A CHORD BEARING OF 544°21'05"E, AND A CHORD
LENGTH OF 177.10 FEET; THENCE FROM A TANGENT BEARING OF 525°24'04"E,
RUN SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 180.37 FEET TO A
POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING
A RADIUS OF 858.86 FEET, A CENTRAL ANGLE OF 07°07'42", A CHORD BEARING
OF 566°51'56"E, AND A CHORD LENGTH OF 106.78 FEET; THENCE FROM A
TANGENT BEARING OF 563°18'05"E, RUN SOUTHEASTERLY ALONG SAID CURVE AN
ARC DISTANCE OF 106.85 FEET; THENCE 530°19'34"E, A DISTANCE OF 58.95
FEET; THENCE 516°39'35"W, A DISTANCE OF 101.74 FEET, TO A POINT OF NON-
TANGENCY OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1000.00
FEET, A CENTRAL ANGLE OF OS°56'09"', A CHORD BEARING OF 577°48'29"'E, AND
A CHORD LENGTH OF 155.80 FEET; THENCE FROM A TANGENT BEARING OF
573°20'25"E RUN SOUTHEASTERLY ALONG SAID CURVE AN ARC D]STANCE OF
155.96 FEET TO THE EAST LINE OF THE AFORESAID LOT 11; THENCE
500°12'42"E, ALONG SAID EAST LOT LINE, A DISTANCE OF 9.21 FEET TO THE
AFORESAID NORTH RIGHT-OF-WAY OF T]LTON ROAD; THENCE DEPARTING SAID EAST
LOT LINE RUN N89°58'47"W, ALONG THE NORTH RIGHT-OF-WAY OF TILTON ROAD,
A DISTANCE OF 391.85 FEET TO A NON-TANGENT POINT ON A CURVE CONCAVE TO
THE NORTHEAST HAVING A RADIUS OF 1130.00 FEET, A CENTRAL ANGLE OF
13°54'39", A CHORD BEARING OF N55°17'25"W, AND A CHORD LENGTH OF 273.68
FEET; THENCE FROM A TANGENT BEARING OF N62°14'45"W, DEPART]NG SAID
NORTH RIGHT-OF-WAY RUN NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE
OF 274.35 FEET; THENCE 589°29'50"W, A DISTANCE OF 67.37 FEET: THENCE
547°15'56"W, A DISTANCE OF 115.03 FEET TO THE POINT OF CURVATURE OF A
CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 685.00 FEET, A
CENTRAL ANGLE OF 08°47°57", A CHORD BEARING OF 542°51'58"'W, AND A CHORD
LENGTH OF 105.09 FEET; THENCE FROM A TANGENT BEARING OF 547°15'56"W,
RUN SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 105.20 FEET TO
THE AFORESAID NORTH RIGHT-DF-WAY OF TILTON ROAD; THENCE N89°58'47"W
ALONG SAID NORTH RIGHT-OF-WAY, A DISTANCE OF 136.08 FEET TO THE POINT
OF BEGINNING.
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CONTAINING 11.33 ACRES, MORE OR LESS.
SKETCH OF DESCRIPTION ONLY. THIS lS NOT A SURVEY.
AUK 1 5 2007
~~~~~~
ASSOCIATES, ~NCOQt~OItATED
FNGIN[[IIING -~~N NINC SUI1Vf VING ENVI110 NMFNI AI
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
C407) 843-5120
S T . L UC / E FLOR/DA
COUNT Y
PROPOSED
R I GH T -OF -WAY AND
POND DED I CA T ION
FOR L ENNARD ROAD
~ ~ IPVSKI.PTS
~ IPVSKI.DOC