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HomeMy WebLinkAbout14-222JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4021453 12/11/2014 at 09:38 AM OR BOOK 3698 PAGE 166 - 184 Doc Type: RESO RECORDING: $163.00 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS NOA MUNICIPAL SERVICES BENEFIT UNIT FINAL ASSESSMENT RESOLUTION ADOPTED DECEMBER 2, 2014 TABLE OF CONTENTS FINAL ASSESSMENT RESOLUTION Page SECTION1. AUTHORITY.............................................................................................1 SECTION2. DEFINITIONS........................................................................................... 2 SECTION3. FINDINGS.................................................................................................2 SECTION 4. RATIFICATION AND CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION AND PRIOR ACTIONS ....4 SECTION 5. ASSESSMENTS......................................................................................... 5 SECTION 6. APPROVAL OF ASSESSMENT ROLL..................................................7 SECTION 7. COLLECTION OF ASSESSMENTS....................................................... 7 SECTION S. EFFECT OF FINAL ASSESSMENT RESOLUTION ............................8 SECTION 9. ASSESSMENT NOTICE...........................................................................8 SECTION 10. EFFECTIVE DATE....................................................................................9 APPENDIX A PROOF OF PUBLICATION APPENDIX B AFFIDAVIT OF MAILING APPENDIX C FORM OF ASSESSMENT NOTICE APPENDIX D AMENDED DESCRIPTION OF NOA MSBU RESOLUTION NO. 14-222 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS RELATING TO THE CONSTRUCTION AND FUNDING OF POTBLE WATER AND FIRE PROTECTION IMPROVEMENTS BENEFITTING REAL PROPERTY LOCATED WITHIN THE NOA MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT REAL PROPERTY THEREIN WILL BE SPECIALLY BENEFITED BY THE IMPROVEMENTS; ESTABLISHING THE METHOD OF ASSESSING THE COSTS OF THE IMPROVEMENTS AGAINST THE REAL PROPERTY THAT WILL BE SPECIALLY BENEFITED THEREBY; ESTABLISHING OTHER TERMS AND CONDITIONS OF THE ASSESSMENTS; AMENDING, RATIFYING AND CONFIRMING THE INITIAL ASSESSMENT RESOLUTION; APPROVING THE ASSESSMENT ROLL; IMPOSING ASSESSMENTS UPON ALL TAX PARCELS DESCRIBED IN THE ASSESSMENT ROLL; PROVIDING THE METHOD OF COLLECTION; DIRECTING RECORDED NOTICE OF THE ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF ST. LUCIE COUNTY AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution of the St. Lucie County Board of County Commissioners (the "Board") is adopted pursuant to the provisions of Article IV of Chapter 40 of the County Code of Ordinances (as successor to Chapter 1- 13.6 thereof) (the "Assessment Ordinance"), sections 125.66, 197.3632, and 197.3635 of the Florida Statute, and other applicable provisions of law, and Resolution No. 2014-121 adopted by the Board on August 12, 2014 (the "Initial Assessment Resolution") SECTION 2. DEFINITIONS. This Resolution is the Final Assessment Resolution. All capitalized terms in this Resolution shall have the meanings defined in the Assessment Ordinance and the Initial Assessment Resolution. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: (A) The findings provided in Section 1.04 of the Initial Assessment Resolution are hereby ratified, confirmed, and incorporated as if set forth fully herein. (B) On August 12, 2014, the Board adopted the Initial Assessment Resolution which described the potable water and fire protection improvements comprising the Project, provided for the funding thereof through Assessments and the method of assessing the cost of such improvements against the real property located within the Noa MSBU benefited thereby, established a public hearing to consider imposition of the Assessments, and directed preparation of the preliminary Assessment Roll. (C) Pursuant to Section 40-100(f) of the Assessment Ordinance, the Board is required to repeal or confirm the Initial Assessment Resolution, with such amendments as the Board deems appropriate, after hearing concerns and receiving comments or objections of interested parties. (D) The Assessment Roll has heretofore been filed at the office of the County Engineer and made available for public inspection. (E) As required by the terms of the Assessment Ordinance and the Initial Assessment Resolution, notice of a public hearing has been published and mailed to each affected property owner notifying such property owner of the opportunity to be heard. The proof of publication and an affidavit of mailing are attached hereto as Appendices A and B respectively. (F) A public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by law. (G) The Assessments contemplated hereunder will be imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provisions of this Resolution shall be construed solely as ministerial. (H) The special benefits derived from the Project, as further described in the Initial Assessment Resolution, exceed the amount of the Assessments levied and imposed hereunder. The Assessment for any Parcel subject thereto does not exceed the proportional benefits that such Parcel will receive compared to any other Parcel. (I) The Board hereby finds and determines that the Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Project by fairly and reasonably allocating the costs associated with the Project among specially benefited property. 3 SECTION 4. AMENDMENT, RATIFICATION AND CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION AND PRIOR ACTIONS. (A) The description of the Noa MSBU set forth in Appendix A of the Initial Assessment Resolution is hereby replaced and superseded by the description set forth in Appendix D hereto, for purposes of excluding the Melville Road Parcel from the Noa MSBU in accordance with Section 5 hereof. (B) As amended herein, the Initial Assessment Resolution is hereby ratified and confirmed. (C) Any and all prior actions of the Board associated with the imposition of Assessments to fund the Project are hereby approved, ratified and confirmed in their entirety. SECTION 5. ASSESSMENTS. (A) Section 2.01 of the Initial Assessment Resolution estimated the maximum Assessed Cost of the Project to be $258,000. Such estimate was based upon projected construction costs. Fort Pierce Utilities Authority has received a favorable construction bid for the Project, such that the Assessed Cost is hereby reduced to $215,000 which in turns allows for a reduction in the Assessment imposed against each Parcel to fund the Project. (B) Accordingly, an Assessment in the amount of $7,354 per ERC is hereby levied and imposed against each Parcel described in the Assessment Roll. The 4 maximum annual installment of the Assessment per ERC is $501.65 which includes annual financing, collection and administration costs. (C) Due to the relatively small cost of the Project, the County does not intend to issue special assessment bonds to finance the improvements such that the owners of Assessed Property will avoid transaction costs associated with bond issuance. Instead, the County intends to finance the improvements through an interfund loan bearing interest at the rate of 3.16% per annum. Owners of Assessed Property may prepay the Assessment in accordance with Section 7 hereof and thereby avoid annual interest. (D) The Assessment imposed against each Parcel may be further reduced upon completion of the Project, depending on whether contingencies arise during construction and the total number of ERCs ultimately attributed to the Noa MSBU. Any such further reduction shall be established by supplemental resolution of the Board. (E) The Parcels described in the Assessment Roll are hereby found to be specially benefited by the Project in an amount which equals or exceeds the Assessments imposed hereunder. The apportionment methodology for the Assessments, as set forth in Section 3.04 of the Initial Assessment Resolution, is hereby approved. (F) The Assessment shall constitute a lien against Assessed Property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other 5 non -ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. (G) Since adoption of the Initial Assessment Resolution, the owner of the Melville Road Parcel, as defined and described in Section 3.04 thereof, has represented to County staff that such parcel currently has access to potable water service through the water main located on South US Highway 1 and related easement rights, and that such owner has already paid a pro rata share of the capital costs associated with utility infrastructure necessary for potable water service to such parcel. (H) In light of such representations and the availability of potable water service through means other than the improvements comprising the Project, the Board hereby determines that the Melville Road Parcel shall be excluded from the Noa MSBU, the Assessment Roll and the imposition of Assessments hereunder. (I) If the owners of the Melville Road Parcel determine that connection to the improvements comprising the Project is necessary or desirable for future development of such parcel, or any subdivision thereof, and assuming capacity for the development is available, such owners shall be required to pay any applicable impact fees, connection fees and Assessments calculated as set forth herein and in the Initial Assessment Resolution. Issuance of a building permit for the Melville Road Parcel may be premised upon payment in full of any such additional costs; provided, however, that in the case of Assessments, the County may in its sole discretion allow for collection thereof in a .51 series of annual installments. The proceeds of such Assessments shall be used to repay the interfund loan contemplated by paragraph 5(C) hereof. SECTION 6. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file in the office of the County Engineer and incorporated herein by reference, is hereby approved. The Assessment Roll shall be retained by the Assessment Coordinator and shall be available for public inspection. The foregoing shall not be construed to require that the Assessment Roll be in printed form if the amount of the Assessment for each Parcel can be determined by use of a computer terminal or internet access available to the public. SECTION 7. COLLECTION OF ASSESSMENTS. Owners of Assessed Property may prepay the Assessment at any time on or prior to January 9, 2015, and thereby avoid annual financing, collection and administration costs. Assessments imposed hereunder which are not prepaid by such date shall be collected in not more than twenty (20) annual installments pursuant to the provisions of the Initial Assessment Resolution and Uniform Assessment Collection Act, commencing in November 2015. The principal balance of the Assessment shall not be accelerated upon sale or conveyance of Assessed Property but may be paid in full at any time at the option of the owner thereof. Upon adoption of this Resolution, the Assessment Coordinator is authorized to cause the certification and delivery of the Assessment Roll to the Tax Collector by September 15, in the manner prescribed by the Uniform Assessment Collection Act. SECTION 8. EFFECT OF FINAL ASSESSMENT RESOLUTION. The adoption of this Final Assessment Resolution shall be the final adjudication of the issues presented herein and in the Initial Assessment Resolution (including, but not limited to, the method by which the Assessments are computed and apportioned, the Assessment Roll, and the rate of Assessment unless proper steps are initiated in a court of competent jurisdiction to secure relief within twenty (20) days from the date of the Board's adoption of this Final Assessment Resolution. SECTION 9. ASSESSMENT NOTICE. The Assessment Coordinator is hereby authorized to record a general notice of the Assessments in the Official Records in the office of the St. Lucie County Clerk of Courts. Such notice shall be in substantially the form attached hereto as Appendix C and shall be recorded upon completion of the Project. [Remainder of Page Intentionally Left Blank] 8 SECTION 10. EFFECTIVE DATE. This Final Assessment Resolution shall take effect immediately upon its passage and adoption. follows: AFTER MOTION AND SECOND, the vote on this Resolution was as Chair Paula Lewis AYE Vice Chair Kim Johnson AYE Commissioner Frannie Hutchinson AYE Commissioner Chris Dzadovsky AYE Commissioner Tod Mowery AYE PASSED AND DULY ADOPTED this 2nd day of December, 2014. ATTEST: /eputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney 9 � A SCRIPPS TREASURE COAST „OR NEWSPAPERS St. Lucie News -Tribune 1939 SE Federal Highway, Stuart, FL 34994 SCP JPP S AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared, Sherri Cipriani who on oath says that she is Classified Inside Sales Manager of the St, Lucie News -Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida: that the attached copy of advertisement was pubished in the St Lucie News -Tribune in the following issues below. Affiant further says that the said St Lucie News -Tribune is a newspaper published in Fort Pierce, in said St. Lucie County, Florida, and that said newspaper has heretofore been continuously published in said St. Lucie County, Florida, daily and distributed in St. Lucie County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The St Lucie News -Tribune has been entered as Periodical Matter at the Post Offices in Fort Pierce, St. Lucie County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement Customer ST LUCIE COUNTY BOCC Ad Pub Number Date Copyline PO # 2659269 11/10/2014 NOTICE OF HEARING HEARING 12/2/14 _1 Sworn to a d s bscribed befoe me this day of, November 10, 2014, by 1,G who is Sherri Cipriani Ij [X] personally known to me or [ ] who has produced ti Sandra Coldren Notary Public SANDRACOLDREN MY COMMISSION if FF 004035 r3e EXPIRES: April 1, 2017 Bonded ihru Nolary Public Underwriters as identification. NEWSPAPER E-Shee fD LEGAL NOTICE ATTACHED DO NOT SEPARATE PAGES N K a � a N Z M Z N E ED Z a E o O n N O Q 5 (n v t —11 2 ICPALN.COM CLASSIFIED NOTICE OF ACNDN BE MONDAY, NOVEMBER 10, 30M SCRIPPS TREASURE COAST NEIVSPAPERS $1 F AGIION MONCE Of AE'FWN NOIItF Of ACTION Ifo E0.0of SUAE FO C0.CSURE Final Assessment Resolution APPENDIX B AFFIDAVIT OF MAILING BEFORE ME, personally appeared the undersigned affiant, who after being duly sworn depose and say: (I ) I am MSBU Project Manager for the Engineering Division of St. Lucie County, Florida. (2) On or before November 10, 2014, I facilitated and directed mailed notice of a public hearing to be held on December 2, 2014 by the St. Lucie County Board of County Commissioners for purposes of receiving public comment on the imposition of special assessments (the "Assessments") within the Noa Municipal Services Benefit Unit ("Noa MSBU") to fund potable water and fire protection improvements. The notices were mailed in accordance with Section 2.02(F) of Resolution No. 2014-121 and Section 40-100(e) of the County Code of Ordinances, to each owner of real property located within the Noa MSBU subject to the Assessments at the addresses shown on the real property tax roll database maintained by the St. Lucie County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. (3) An exemplary form of such notice is attached hereto. FURTHER AFFIANT SAYETH NAUGHT. Barbara Guettler, affiant STATE OF FLORIDA COUNTY OF ST. LUCIE Vd The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of x� m bei_, 2014, by Barbara Guettler. She is personally known to me or has produced as identification and did take an oath. MV COMMISSION a7 EE 18595p °` EXPIRES: June 18, 2016 p,'.';t�Sa Bonded Ttau Notary Public bWWW,,W, Printed/Typed Name: S US Aha 0092 f -IJ Notary Public -State of 4 lei 2 i tq Commission Expires: B -I T.LU"IE COUNTY F L O R I D A November 10, 2014 ***NOTICE OF PUBLIC HEARING*** Patricia L Campbell 860 Noa St Fort Pierce, FL 34982-4004 RE: Noa Municipal Services Benefit Unit and the funding thereof through the imposition of special assessments Parcel ID No. 340350202960008 Dear Property Owner: The Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County") will hold a public hearing to consider the levy of non -ad valorem special assessments on parcels within the Noa Municipal Services Benefit Unit ("MSBU") to fund the cost of providing potable water and fire protection improvements therein (the "Project"). The public hearing will be heard at the Board's regular meeting on Tuesday, December 2, 2014 at 6:00 p.m., or as soon thereafter as the matters may be heard, in the Sl. Lucie County Commission Chambers, 2300 Virginia Avenue, Fort Pierce, Florida. Please enter through the north entrance of the Roger Poitras Annex and proceed to the County Commission Chambers located on the third floor. All interested persons are invited to attend and be heard. Affected property owners have the right to appear at the public hearing and to file written objections with the County Engineer, but they must be received within twenty (20) days of the date of this notice. In addition, the Board will also consider all comments received prior to or during the public hearing. Attached to this letter you will find a Notice of Non -Ad Valorem Special Assessment. This notice indicates the proposed amount of the special assessment to be assessed against your property for the purposes of funding the cost to construct the improvements. The assessment will be based upon assigning one (1) Equivalent Residential Connection for each single family dwelling unit or subdivided residential lot capable of development with a single family dwelling. The assessments will be collected in accordance with Section 197.3632, Florida Statutes, which authorizes collection of non -ad valorem assessments by the St. Lucie County Tax Collector on the annual property tax bill. Failure to pay the assessment will cause a tax certificate to be issued against the property which may result in loss of title. Collection of the assessments is anticipated to commence in November, 2015 and annual installments will continue each year for a period not to exceed twenty (20) years, or until the amount of the assessment is paid in full. A more specific description of the Noa MSBU, the Project and the method of computing the assessment for each parcel of property are set forth in Resolution No. 2014-121 (the "Initial Assessment Resolution"). The Initial Assessment Resolution and the preliminary assessment roll are available for inspection at the office of the County Engineer, 2300 Virginia Avenue, Ft. Pierce, Florida If the Board levies special assessments on the parcels within the Noa MSBU, parcel owners may choose to "prepay" their assessment; thereby, realizing a savings in interest and financing fees. The prepayment period would be from 12/08/2014 through 01/09/2015. The prepayment amount for this parcel is indicated on the Notice of Non -Ad Valorem Special Assessment. If the assessment is not paid during the prepayment period, it will be added to the parcel's property tax bill and financed for a period of up to twenty (20) years. If the Board levies assessments on December 2, 2014, you will be notified by mail. Any person wishing to ensure that an adequate record of the proceedings is maintained for appellate purposes is advised to make the necessary arrangements for recording at his or her own expense. Persons with disabilities needing assistance to participate in any of these proceedings should contact the St. Lucie County Clerk at least 48 hours in advance of the meeting. 1 f you have questions or concerns, please feel free to contact us at 772-462-3500. Sincerely, Barbara Guettler MSBU Project Manager Page 1 of 2 Cou NT P L a R l n A- , ST, LUCIE COUNTY, FLORIDA NOTICE OF NON -AD VALOREM ASSESSMENTS NOA MSBU Patricia L Campbell 1. Parcel Identification Number: 340350202960008 2. Unit of Assessment: Equivalent Residential Connection (" ERCs") 3. Assessment Amount per ERC: $7,354,00 4. Number of ERCs assigned to your parcel: 1 5. Total assessment assigned to this parcel: $7,354.00 6. Prepayment amount (if you pay in full by 01/09/2015): $6,652.11 7. Maximum annual payment for this assessment (if you do not prepay): $590.10 (The amount of the maximum annual assessment payment includes a pro rata share of the costs incurred by the County in the annual collection and administration of the special assessments, including but not limited to fees imposed by the Tax Collector pursuant to Section 197.3632, Florida Statutes, and amounts necessary to account for the maximum statutory discount for the early payment of property taxes and non -ad valorem assessments) 8. Maximum number of annual assessment payments: 20 9. Maximum collected for this parcel if financed for 20 years: $11,802,00 10. Total maximum amount of revenue to be collected from the entire MSBU (excluding interest): $286,806.00 Failure to pay the assessment can result in the issuance of a tax certificate which may result in loss of title to your property. THIS IS YOUR ASSESSMENT NOTICE ONLY. DO NOT PAY AT THIS TIME - If this assessment is levied and you wish to prepay your assessment, you may do so at the office of St. Lucie County "Tax Collector from 12/08/2014 — 01/09/2015. PLEASE MAKE YOUR CHECK PAYABLE TO CHRIS CRAFT, TAX COLLECTOR. Mail or deliver your payment to the Tax Collector's office: 2300 Virginia Avenue, Fort Pierce, FL 34982, on the First Floor of the Civic Center. Please include a copy of this notice or reference your Parcel Identification number, as shown above along with your payment. Page 2 of 2 1 .. Final Assessment Resolution APPENDIX D AMENDED DESCRIPTION OF NOA MSBU A PARCEL OF LAND LYING WITHIN SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE NORTHERLY EXTENSION OF THE EAST LINE OF LOT 17, BLOCK 1 OF WHITE CITY ESTATES AS RECORDED IN PLAT BOOK 9 AT PAGE 48 OF "THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE NORTH LINE OF SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST; THENCE EAST ALONG THE SAID NORTH LINE TO A POINT ON THE WEST LINE OF THE EAST 842 FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST AND THE POINT OF BEGINNING; THENCE SOUTH ALONG THE WEST LINE OF THE EAST 842 FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 10 TO A POINT ON THE NORTH LINE OF LOT 243 OF WHITE CITY SUBDIVISION AS RECORDED IN PLAT BOOK 1 AT PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 243 A DISTANCE OF 319.26 FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND RECORDED IN OFFICIAL RECORD BOOK 3104 AT PAGE 852; THENCE SOUTH ALONG THE EAST LINE OF SAID PARCEL AND SOUTHERLY EXTENSION THEREOF A DISTANCE OF 331.10 FEET TO A POINT ON THE NORTH LINE OF LOT 40, BLOCK B OF ULRICH SUBDIVISION AS RECORDED IN PLAT BOOK 5 AT PAGE 64; THENCE WEST ALONG THE NORTH LINE AND WESTERLY EXTENSION THEREOF TO THE SOUTHWEST CORNER OF LOT 5, BLOCK B OF SAID ULRICH SUBDIVSION; THENCE NORTH ALONG THE WEST LINE AND THE NORTHERLY EXTENSION THEREOF TO THE SOUTHWEST CORNER OF LOT 5, BLOCK A OF SAID ULRICH SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 5 BLOCK A TO THE SOUTHWEST CORNER OF LOT 6, BLOCK A OF SAID ULRICH SUBDIVISION; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 6, BLOCK A TO THE NORTHWEST CORNER OF SAID LOT 6, BLOCK A; THENCE EAST ALONG THE NORTH LINE OF BLOCK A OF ULRICH SUBDIVISION TO THE NORTHEAST CORNER OF LOT 13, BLOCK A OF SAID ULRICH SUBDIVISION; THENCE N 00° 01'09" W ALONG THE WEST LINE OF LOT 230 OF WHITE CITY SUBDIVISION AS RECORDED IN PLAT BOOK 1 AT PAGE 23 A DISTANCE OF 316.73 FEET TO THE NORTHWEST CORNER OF A PARCEL OF LAND AS RECORDED IN ORB 1573, PAGE 244 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY; THENCE S 89° 54'58" E ALONG THE NORTH LINE OF SAID PARCEL AND THE EASTERLY EXTENSION THEREOF A DISTANCE OF 446.65 FEET; THENCE N 00° 02'00" W A DISTANCE OF 1.23 FEET; THENCE S 89° 55'44" E A DISTANCE OF 198.8 FEET MORE OR LESS TO A POINT ON THE EAST RIGHT OF WAY LINE OF MELVILLE ROAD; THENCE NORTH ALONG SAID EAST RIGHT OF WAY LINE OF MELVILLE ROAD TO A POINT OF INTERSECTION WITH THE NORTH LINE OF SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 10 TO THE POINT OF BEGINNING. LESS AND EXCEPT THE REAL PROPERTY DESCRIBED IN THAT CERTAIN WARRANTY DEED RECORDED AT BOOK 2650, PAGE 2008 OF THE OFFICIAL RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT ROAD AND CANAL RIGHT OF WAYS OF RECORD. SEPTEMBER 4, 2013 RON HARRIS COUNTYSURVEYOR Em