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HomeMy WebLinkAboutDVA-01-001 Westchester Development 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 3S 36 37 38 39 40 41 42 43 DVA-01-001 DEVELOPMENT AGREEMENT BETWEE THE BOARD OF COUNTY COMMISSIONERS F ST. LUCIE COUNTY, FLORIDA AND WESTCH STER DEVELOPMENT COMPANY RESPECTING 'p ASE I OF A PROJECT KNOWN AS THE WESTCH STER DEVELOPMENT OF REGIONAL IMPACT THIS AGREEMENT is made and entered as of this 11 th day of Se tember 2001, by an between the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COU TY, FLORIDA (·Soard" and WESTCHESTER DEVELOPMENT COMPANY, a Florida corporatio ,formerly known as St Lucie Fanns, Inc., ("Owner"). WHEREAS, the Board and the Owner recognize the fOllowing: A. This Agreement is entered in accordance with the Florida Local Gove ,ment Development Agreement Act, Section 163.3220-163.3242, Fla. Stat. ("Act") a d Section 11.08.00 (Development Agreements) of the 5t Lucie County Land Develop ent Code ("LOC"). 8. The Owner owns approximately 2,033 acres west of 1-95 and nort northwest of Gatlin Boulevard, described in the attached Exhibit A, on which the Owner ntends to develop a multl-phased project known as the Westchester .Development f Regional Impact ('Westchester DRI"). C. On March 6, 2001, the Board granted preliminary approval of a preli ¡nary site plan and Planned Unit Development Zoning District (PUD) and a preliminary s te plan and Planned Mixed Use Development Zoning District (PMUD) and for Phase I of e Westchester DRI which in total consists of 800 dwelling units, 78,500 square feet of 0 ice, 75,000 square feet of commercial, and associated ancillary facilities including a civic/school site, a church, common areas, and lakes on 576.38 acres, described in th attached Exhibit S ("Property" or "Phase I"). D. Development beyond Phase I will require the owner to obtain from the Board a development order setting forth the tenns and conditions under wh h the Westchester DRr may proceed and final development plan approvals for each s bsequent phase of development beyond Phase I. E. In order to foster comprehensive and sound capital facilities planni g and financing, to ensure the provision of adequate public facilities for development concurre.nt with the impacts of development, to encourage the efficient use of resou ces, tò reduce the economic cost of development, and to afford certainty in the approval of development, the DVA-01-001 (Westchester) September 11, 2001 12*1lA- 7ð". ß,. A-Wc;. Page 1 ;:;0 'T c..¡ eo ..... CJ n -::I> OIllZ ï Z C. :z: ITl rot:: c.:3 ::r: .. c:r 0 oeo ï ...c -, :3: ''':D N :z: U1 w ,...... o ..0 C"J ......U1ï ..0 ITl OJ;:r.r 00'-:::0<: ..o~ " 0 U1 0 -r¡ 0::0 -l tt:I ::r:: OITl o ::O=;:t":J ....... ......::c .p. n t..>JC -::l """l -l õ:;J ::I> t":J en 0 ITl c:: :;;0 f'.) -l -::l .p. J ...... Cj') ::I> f-l :z: -l ï C Ç") ....... ITl t":J Cl 2 -l -< 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Board and the Owner desire to establish by agreement the terms und r which the Property may be developed. F. On August 21,2001, after publishing notice approximately seven d ys prior thereto, the first public hearing was opened on this Agreement and at that ti e the hearing was continued to September 4, 2001. At least 15 days prior to the openin of the first hearing, the Board mailed notice of intent to consider this Agreement to all property owners as reflected on the current years' tax roll, lying within 500 feet of the P perty. G. On September 4, 2001, the Board reconvened the public heari g on is matter and accepted public comment and testimony. At the conclusion of thi hearing the Board announced than the second of the two required public hearings on his matter would be held on Tuesday. September 11, 2001, at 9:00 am or as soon th reatter as possible. Notice of· the hearing would be provided H. On September 11, 2001, the Board held the second public hearin after publishing notice approximately seven days prior to the seco d hearing and after announcing at the first public hearing the day, time, and place of such second public hèaring. NOW, THEREFORE, in consideration of the mutual covenants entered be een the parties, and in consideration of the benefits to accrue to each, it is agreed as follows: 1 . Accuracy of Recitals. The above recitals are true and correct. 2. Incorporation of Application Materials. The application for the establishment of a PUD and a PMUD for the Property, all submissions by the Owner in support of such application, and th Board's preliminary approval of a PUD (Resolution No. 01-010, a copy of which is attach d hereto as Exhibit C) and a PMUO (Resolution No. 01-011 , a copy of which is attached h reto as Exhibit D) and preliminary site plan approvals (collectively "Application Materialsn) a e hereby incorporated . by reference into the record of the proceeding conducted by the Board to review this Agreement. 3. Mandatory Provisions. a. Leaal Description and Owner. The land that is the subject of this Agreement is described in the atta hed Exhibit B, which is the land included within the boundaries of the preliminary PUD and he preliminary PMUD approved by the Board on March 6, 2001, as described in Section 2. he owner of legal and equitable title to the Property is Westchester Development Company a Florida corporation. DVA-01-001 (Westchester) September 11,2001 Page 2 o ;;0 to Cl o ~ I-" ...... t...¡ ...:¡ -0 :D en l'T1 I'J ...:¡ ...... N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 b. Duration. This Agreement shall expire ten (10) years after the eft tive date provided in Section 11, unless earlier terminated as provided in Sect on 7, or extended as provided in Section 9. c. Uses. Densities. Intensities. and Height. The following development shall be permitted on the Prope . 800 dwelling units . 78,500 square feet of office , · 75,000 square feet of commercial .' associated ancillary facilities including a school, a c urch, common areas, recreational facilities, and lakes. No building shall be more than 60 feet in height. The uses; densities, intensities, and height provided for in a nal development order issued for the Westchester ORI pursuant to Chapter 380, Fla. Stat., or the then applicable staMes and regulations, shall supersede the term of this Agreement and provided further that the Owner may seek adjustment of the approved plan of development in accordance with Section 11.02.04 of the LD without amending this Agreement so long as such adjustment is not inconsistent wi any final development order issued for the Westchester DRI pursuant to Chapter 0, Fla. Stat. Notwithstanding the foregoing, in the· event of a chan e in any statute or administrative regulation modifying the applicability of th DRI process to the Westchester DRI, the statute or regulation shall take pre edence and shall be deemed incorporated into this Agreement by reference, and nothing in this Agreement shall be construed to require the development of e Property to undergo DRI review unless such review continues to be reqùired by s tute or administrative regulation. d. Future Land Use MaD Oesiqnation. The land use designations of the Property under the future I nd use element of the St. Lucie County Comprehensive Plan are Mixed Use Dev lopment ("MXD") and Residential Urban ("RU"). e. ZoninQ. The current zoning of the Property is AG-1. On March 6, 20 1, the Board granted preliminary approval for the establishment of a Planned Uni Development Zoning District (PUD) and a Planned Mixed Use Development Zonin District (PMUD). Final zoning to PUD and PMUD will take place upon the issua ce of an initial Final DVA-01-001 (Westchester) September 11, 2001 Page 3 Cl :;;0 r:;rj Cl Cl :::=<: ...... .p- t.'" ....;¡ "'0 D en fT1 I'-J ....;¡ .¡::.. L·J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 45 Development Plan approval for the Property. f. Preliminary Site Plans. The preliminary site plan for the Property shall be the prelimi ary site plans approved by the Board on March 6, 2001 , subject to such adjustments as may be obtained by the Owner in the manner described in the LDC and ¡Section 3(c) of this Agreement. Adequacv of Public Facilities. The public facilities that will serve the Property shall be thos described in Section 6 of this Agreement . g. Reservation or Dedication of Land. h. The Owner shaJlconstruct or cause the construction of e extension of Gatlin Boulevard, west of 1-95, and a north-south roadway, as ge eraJly depicted on the preliminary site plans approved on March 6, 2001 (or to the extent shown on such amended plans as may be subsequently proposed by the wner and approved by the 'Board, collectively, the "Specified Roads"), which Specifi d Roads shall be public facilities open for use by the public. In the event that all requ red right of way cannot be obtained for the alignment of Gatlin Boulevard as depicte on the preliminary site plans, then the extension of Gatlin Boulevard may be reloc ted so that it is entirely on Owner's property. The Specified Roads shall be dedicate to the Soard upon the execution of an agreement between the Owner and th Board providing for maintenance standards and the continued maintenance of e roadways. If construction of educational facilities sufficient to provide cia srooms for a minimum of 100 students has not commenced by the issuance the 400th residential Certificate of Occupancy, the Owner shall dedicate 15 acres f the school site to the St. Lucie County School District or other public or private ntity. Such dedication shall be restricted to the construction of classrooms and anci laryfacilities (including, but not limited to, playing fields, ball courts, swimmin pools, gymnasiums, auditoriums, administrative offices, recreational areas and s ch otherfacilities which are commonly found with classrooms) for grades K through 2, or a portion thereof. The Owner shall be entitled to credits for the pre-payment Educational Facilities school impaot fees for contributions, payments, constru tion or dedication of educational facilities, calculated in accordance with the S1. L cie County Educational Facilities Impact Fee Ordinance, and as may be provided b state law. i. Local Development Permits. The focal development permits required for the devefopmen of the ~roperty are: (1) Comprehensive plan amendment - not required. DV A-01-001 (Westchester) September 11. 2001 Page 4 o :::0 r.:o CI o ::><:: t-" ~ c....J -J '"'0 :D en rrl N -J .;0. .;0. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16- 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (2) Rezoning - preliminary approval of a PUO and a PM 0 granted as part of preliminary site plan approval on March 6, 2001. (3) State approval- a Preliminary Development Agreem nt with the Florida Department of Community Affairs was approved on M y 14, 2001 and is recorded in the Official Records of St. Lucie County eginning at Book 1394, Page 641, which permtts the level of develop ent described in Paragraph 3. (C) prior to the completion of the form I development of regional impact process for the project known as We tchester. (4) Regulatory permits.:... Environmental Resource Pennit s) from the South Florida Water Management District. The need fo other regulatory agency permits shall be determined based upon final evelopment plan approval. (5) Subdivision plat approval- preliminary plat approval equired as part of final development plan approval. (6) Final PUO and PMUD approval- required prior to ob aining final plat approval or obtaining building permits. (7) Preliminary site plan approval- granted on March 6, j. Responsibility for Local Development Permits. (8) Building permit - required prior to commencing buildi All local development permits shall be obtained atthe sole co t of the Owner. In the event that a required local development permit is not receive ,further development of the portion of the Property or the improvement for which e permit is required shall not be allowed until such time as the Board has rev wed the matter and determined whether or not to terminate this Agreement or to modify it in a manner consistent with the St. Lucie County Comprehensive Plan. k. Consistency with Comprehensive Plan. I. The Board finds that the development of the Property as prov ded in the preliminary approval of a PUD and a PMUD and preliminary site plan a proval granted by the Board on March 6, 2001 and in this Agreement is consist nt with the St. Lucie County Comprehensive Plan. Consistency with the LOC. The Board finds that the development of the Property as pro ded in-th-e preliminary approval of a PUD and a PMUD and preliminary site plan a proval granted by the DVA-01-001 (Westchester) September 11, 2001 Page 5 c::J 7.J gs o :>0:: ...... .¡::-. c...1 -,J -0 ::D en 'T' I"ù -J .p. t11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Board on March 6, 2001 and in this Agreement is consisten with the LDC. m. Compliance with Other Law. Failure of this Agreement to address a particular pennit, cond tion, term, or restriction shall not relieve the Owner of the necessity of complying with e law governing such pennitting requirement, condition, term, or restriction. Any m tter or thing required to be done under existing ordinances of St. Lucie County hall not be otherwise " amended,' modified, or waived unless such amendment, m dification or waiver is expressly provided for in this Agreement with specific referen e to the code provision so amended, modified, or waived; unless the Owner volun rily agrees to comply with the amended or modified requirement; or unless t e County follows the procedures set forth in Section 163.3233, Fla. Stat. for pplying subsequently a,dopted laws and policies. n. Necessary Conditions. The conditions and requirements set forth in the preliminary proval of a PUO and a PMUD and preliminary site plan approval granted by the Boa on March 6, 2001 are reaffinned as necessary to protect the health, safety, and w Ifare of the public and the citizens of St. Lucie County. 4. Authorization to Develop PropertY. The Owner may proceed to develop the Property in accordanc with the preliminary approval of a PUD, a PMUD,and preliminary site plan approval 9r ted by the Board on- March 6, 2001; and, upon obtaining Final PUO and PMUD approval, reliminary andlorfinal plat approval as may be required and upon submission of plans me tingtechnicaJ building code requirements and payment of applicable fees, the Owner sh II receive any and all applicable building permits authorized under the Application Materia s, subject to the terms, conditions, reservations, and requirements of this Agreement. If building permits for eighty per cent (80%) of the residential devel pment and eighty per cent (80%) of the nonresidential development of the Property have not been issued on or before the time specified in Section 3.b., unless such time is exten ed in accordance with Section 9; or the time specified in a final development order issued p rsuant to Chapter 380, Fla. Stat.; or the then applicable statutes and regulations, which ver is later, then the authorization to develop as contained herein shall be of no further f ce or effect. The date to complete may be extended in accordance with Section 380.06(19 , Fla. Stat., orthe then applicable statutes and regulations, without amending this Agreem nt. In the event that development described in the Application Material is not completed within the effective period of this Agreement, this Agreement and t e authorization to develop as contained herein shall be of no further force or effect. DVA-01-QOl (Westchester) September 11, 2001 Page 6 c :;Q to CJ I::) .... ~ .þ. LeI ...; -0 ::I> en rn N ...; .þ. CI' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 5. Impact Fees o ';0 r:o I::) o :;:0:: .-. .þ. c...J ...;J "0 :p en fT1 rü -.;¡ .þ. -.J a. Applicabilitv. No building permit shall be issued for development of the Pr perty unless and until any and all impact fees required under then applicable ordin nces have been paid by the Owner or its assigns for such improvement. b. 'Pre-pavment of Road Impact Fees. (1) The Board hereby acknowledges that the Owner's bligations under that certain Capacity Agreement entered into between the Owner and the City of Port St. Lucie on January 31 ,2001 ("Capacity Agree ant") will increase the capacity of and thereby improve the flow of traffic on atlin Boulevard, east of 1-95. The Board agrees that the payments provid d for in the Capacity Agreement constitute a payment to 81. Lucie Coun in lieu of impact fees and that upon the Owner's payment of each installm nt under the Capacity Agreement, the Owner shall be entitled to road impact ee pre-payme.nt credit for the Property in an amount equal to that installm nt, resulting In a total pre-payment credit of $2,000,000 under the Coun s Road Impact Fee Ordinance, Chapter 1-17, Article III, 5t. Lucie Coun Code and Compiled Laws. Pursuant to the Capacity Agreement, the fees re payable to the City in four installments. The Board agrees that road impact fees shall be de med pre-paid at such time as each ,installment is paid to the City, up to e full amount of that installment. Owner shall provide ,County with eviden e of the amount and date of each installment payment. Owner may apply th~ pre-paid amounts toward impact fees due for development within the' foperty, until all such pre-paid amounts have been depleted. The Board agrees that the drawdown schedule for th pre-paid impact fees recognized under this Section S.b shall be at the foil wing rates: · single-family dwellings $1,632 per unit multi-family dwellings 0 1 and 2 floors $1,186 per unit 0 3 floors or more $ 619 per unit · commercial $2,192 per 1 ,000 quare feet · office $1,090 per 1,000 quare feet elementary school ~1.006 per 1,000 quare feet · park S 159 per acre For any other use not listed in the above drawdown s hedule, the applicable County Road Impact Fee schedule shall be used to d termin~ the amount to be drawn down. The impact fee fates for any oth r use not listed in the above drawdown schedule, shall be based upon the i pact fee schedules in DVA-01-Q01 (Westchester) September 1 1. 2001 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 effect at the time of the building permit issuance. (2) The Owner agrees to provide to Board a detailed writt n report on the rate of the road impact fee drawdown approved through is Section 5. b. This report shall include the name of the builder and a des ription of each activity being permitted for which the credit is being appli d. The first of these reports shall be due on July 15, 2002, and shall th reafter be due for the quarters ending September 30, December 31, March 1 and June 30, by the 15th day of the month following each quarter. These ports shall be sent to the addresses set forth below: County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 with a copy to: County Attomey 2300 Virginia Avenue Fort Pierce, FL 34982 Community Development Director 2300 Virginia Avenue Fort Pierce, FL 34982 o ;;:0 t:a CJ o ""'" (3) The impact fee pre-payment credits afforded und r Section 5.b. of the Agreement, which exceed the amount of impact fee assessed against the Property, shall be transferable to the remainder of th property descri,bed in Exhibit A and may be used in the same manner and to the same extent as for the Exhibit B Property. Further, all impact fee pr -payment credits shall be freely transferable with the ownership of any rtion of the property described in Exhibit A. ..... ~ t..-l ...::¡ -0 ::D en n1 I'ù -.J ~ CD If this Agreement expires or terminates for any reas n and road impact fee pre-payment credits afforded in accordance with t is Agrèement remain outstanding, the Owner shall be deemed to hold a cr dit for pre-payment of road impact fees which shall be transferable with the ownership of any portion of the property described in Exhibit A. c. Road Impact Fee Credit (1) The Owner shall also be entitled to road impact fe credit for road impact fees assessed against the Property under the Cou ty's Road Impact Fee Ordinance, for all roadway improvements and right-o way dedications made or causèd to be made by Owner (beyond those c vered "in Section S.b. above) that provide for increased capacity beyond th minimum necessary to DV A-Q1-Q01 (Westchester) September 11, 2001 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 address the impacts of the development of the roperty, to the extent permitted under Chapter 1-17, Article III, Section 1·1 -33.1, 8t Lucie County Code and Compiled Laws, which credit shall be cal ulated in accordance with the criteria set forth in Section 1-17-33.1 of e Road Impact Fee Ordinance. Cl :::0 tx:l o o ;><; t-" .p. LoJ -J -0 à'i 'T I':J -J .þ. -.0 (2) The Owner agrees to provide to Soard a detailed wr' n report on the rate of the road impact fee credit drawdown for all road imp ct fee credits granted pursuant to the County's Road Impact Fee Ordinanc . This report shall be in substantially the same format as the report required ¡Section 5.b. and shall be due at the same time. (3) Any road impact fee credits that are afforded in accordance with this Agreement which exceed the road impact fees ssessed against the Property under the County's Road Impact Fee Ord nance, Chapter 1·17, Article III, St. Lucie County Code and Compiled Laws, shall be transferable to the remainder of the property described In Exhibit A nd may be used in the same manner and to the same extent as for the Exhi it B Property. Further, any road impact credits that are afforded in accordan e with this Agreement shall be freely transferable with the ownership of any portion of the property described in Exhibit A. If this Agreement expires or terminates for any reas n and road impact fee credits afforded in accordance with this Agreement r main outstanding, the Owner shall be deemed to hold a credit for road imp ct fees which shall be transferable with the ownership of any portion of th property described in Exhibit A. d. Other Imoact Fee Credits The Owner shall be entitled to impact fee credits against all impact fees assessed against the Property for all improvements and/or contributi ns to the extent such improvements and/or contributions are eligible for credit und rthe applicable Impact Fee Ordinances of the County. The Owner agrees to provi e to Board a detailed written report on the rate of the impact fee drawdown for all uch impact fee credits granted. This report shall be in substantially the same forma as the report required in Section S.b. and shall be due at the same time. Impactfee shall be separated by category in such reports. e. Transferability and Assionment of Imoact Fee Credits Any impact fee credits that may be afforded in accordanc with this Agreement and/or the County's Impact Fee Ordinances, which exceed the amount of impact fees assessed against the Property, shall be transferable t the remainder of the property described in exhibit A and may be used in the sa e mariner and to the same extent as for the Exhibit B Property. Further, all imp ct fee credits shall be DVA-01-001 (Westchester) September 11, 2001 Pa!¡9 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 freely transferable with the ownership of any portion of the property described in Exhibit A. Cl :::0 tI:l CJ Cl ,... -4 +>- tJ. -.J --0 ::t> en m N -J U'1 o If this Agreement expires or terminates for any reason and ny impact fee credits afforded in accordance with this Agreement and/or the ounty's Impact Fee Ordinances remain outstanding, the Owner shall be deem d to hold impact fee credits, which shall be transferable with the ownership of any portion of the property described in Exhibit A. 6. Adequacvof Public Facilities: Continued Reservation of Capacity. The following items in regard to the adequacy of public facilities in is area are acknowledged: a. Drainage: According to St. Lucie County Floo Panel 1211 1 C0275 F dated August 1 located within Zone C, which is defin to flooding. All construction activitie with applicable St Lucie County an Management District permitting stan Insurance Rate Map , 1991, the Property is as areas not subject will be In accordance South Florida Water rds and regulations. b. Potable Water: Primary water supply services will be rovided by the City of Port St. Lucie, St. Lucie West S rvices District, or a community development district whic includes the Property. As part of the submittal of the Anal lanned Development , applications for the Property, utility se 'ce commitments shall be provided. c. Sanitary Sewer: Primary wastewater supply services ill be provided by the City of Port St. Lucie, St. Lucie Wes Services District, or a community development district whic includes the Property. As part of the submittal of the Final lanned Development applications for the Property, utility se ice commitments shall be provided. d. Solid Waste: Sufficient capacity exists in the St. L cie County Land Fill to service the demands of the Property. Sufficient park facilities exist or re being provided in conjunction with the development of t e Property. Impact fee credit shall be given fór all park im rovements or property dedications which are not site related or which, if site related, exceed the impacts generated by t e development of the Property, consistent with the Coun ide Pa~ks Impact Fee Ordinance. e. Parks: DV A-Ql-001 (Westchester) September 11, 2001 Page 10 1 2 3 4 5 6 7 8 9 lÒ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 1. Mass Transit: To the extent practical, and based u on the transportation development and service plans of the ocal transit providers, the final development' plans for the a ea referred to as the Westchester PUD/PMUD shall con ider the inclusion of dedicated transit stops and areas in it final project designs. As provided in the traffic study subm tted for review of the approved Preliminary Development Ag eement, Development of the Property is expected to generat approximately 12,197 net new external daily trips. ith the committed improvements to Gatlin Boulevard, 0 external roadways within the project's impact are exp cted to fall below a minimum level of service as a result f traffic impacts from development of the Property. Internal roadways will be build in conjunction with the development the Property and will be sized to meet or exceed projected 'p demands. g. Roads: The Board hereby acknowledges that there are adequate public acilities to serve the Property, that the public facilities needed to serve the developm nt authorized by this Agreement and the Board's preliminary approval of a PUD and a PM 0 and preliminary site plan approval will be available when needed, and that this Agree ent shall serve as a Certificate of Capacity. 7. Amendment. Cancellation. Termination. This Agreement may be amended or canceled by mutual consent terminate upon the issuance of a Certificate of Occupancy in a building pennit authorized for the Property. Prior to amending this shall hold two public hearings consistent with the requirements of LOC. f the parties and shall ordance with the last greement, the Board ction 11.08.02 of the Notwithstanding any other provision of this Agreement, the Owner m y, at any time through the effective period of this Agreement, and upon satisfaction of all f Owner's obligations herein, declare that the development of the Property is completed nd that the terms and conditions of the Agreement shall terminate. Any such declaration shall be in writing and provided to the County Administrator. Upon the receipt of any uch declaration, any approvals granted for the Property shall be deemed to be modified to reflect only that portion of the development that has been constructed. No further develop ent permit that would result in the generation of any additional required level of service im cts will be issued until an updated concurrency review has been completed. Any applic tion for development approval following a voluntary declaration of completeness will be s bject to all applicable standards and regulations in effect at the time that the application i filed. The Owner may unilaterally terminate this Agreement at any time and forfeit any and all development rights under this Agreement. 8. Obliqation to Construct Roadwav Improvements. DVA-01-001 (Westchester) September 11, 2001 Page 11 o :;:0 § ;;><; ..... .po. L-J -:¡ -0 ::t> en /T1 N .....:J c.n ..... 1 2 '3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Construction plans for the Gatlin Boulevard extension from 1-95 wes to the entrance of the project shall be submitted to 5t Lucie County for approval within twelve months of the effective date of this agreement. Within twelve (12) months of the da e of St. Lucie County's approval of said construction plans. contracts shall be let for the con truction of the westerty extension of Gatlin Boulevard from 1-95 to the easternmost entra ce to the Propérty as generally depicted on the preliminary site plans approved March 6, 001. Should Board prefer that funding for said construction flow through e County, then Owner agrees to cooperate with Board to accomplish this objective, provid that Owner andlorthe Westchester Community Development District NO.1 is permitted to p rfonn the construction work, that the cost to Owner does not increase, and that timing of e road construction is , consistent with Owner's project construction schedule. In this eve t, upon request of the Board, tbe Owner shall provide to the Board temporary construction asements along Gatlin Boulevard to facilitate public roadway, drainage and utilities, cons ruction or installation. Such easements shall be no greater than 20 feet in width and for no onger than 18 months in duration. 9. Term. The term of this Agreement, in accordance with the provisions of Se tion 4, shall be ten (10) years from its effective date or as provided in Section 4, unless earlier terminated as provided in Section 7. This Agreement may be extended by mutu I consent of the Board and the Owner, subject to public hearing In accordance with Sectio 11.08.02 of the LOC. The term of anyone (1) extension shall not exceed five (5) years. 10. Recordin Submission to the Florida De artment of Communi A Within 14 days after the Board enters into this Agreement, the C erk of the Board shall record the Agreement in the Public Records of St. Lucie County. copy of the recorded Agreement shall be submitted to the Florida Department of Commun Affairs within 14 days after the Agreement is recorded. If this Agreement is amende , canceled, modified, extended, or revoked, the Clerk shall have notice of such action recorded in the public records and such recorded notice shall be submitted to the lorida Department of Community Affairs. 11. Effective Date. This Agreement shall be effective on the date of its recording in t e public records of St. Lucie County or 30 days after its receipt by the Florida Departmen of Community Affairs, whichever last occurs. If this Agreement has not 'become effe tive within 90 days of recording, it shall be deemed canceled. 12. Annual Review. In accordance with Section 11.08.08 of the LDC, the Board shall r view the development' DVA-01-001 (Westchester) September 11. 2001 . Page 12 c::J :;r:¡ to C) C) ;:0<:; ...... .p.. c....J -.J "'0 :0 ûl rn N -.J trI N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 that is subject to this Agreement every 12 months, commencing 12 months after the effective date of this Agreement. The purpose of this review shall b to determine whether the owner is in good faith compliance with the terms of this Agree ent. The Board shall begin the review process by giving notice, a minimum of 30 days p 'or to the anniversary date for the effective date of this Agreement, to the Owner of its inte tion to undertake the annual review of this Agreement. Sixty days before each annual anniversary date of this agreement, t e Owner shall provide to the Board a report with the following information: a. An identification of any changes in the plan of development r in any phasing for the reporting year and for the next year. b. A summary comparison of development activity proposed a d actually conducted for the year. c. IdentifIcation of undeveloped tracts of land that have been s Id to a separate entity or Owner. d. Identification of significant local, state and federal permits wh h have been obtained or which are pending by agency, type of permit, permit numb r and purpose of each. At such time as the Owner obtains approval of a Development Orde for a Development of Regional Impact, to the extent that the Annual Report required by S ction 380.06(18), Fla. Stat., or the then applicable statutes and regulations, meets or exce ds the requirements of this section, the Owner's submission of that Annual Report shall satisfy the terms and requirements of this provision, and a separate report will not be ne ded. Effect of Annexation. 13. In the event that the Property is annexed, either voluntarily or invo untarily, into any local municipality, the terms and conditions set forth in Section 3.h. nd Section 6 of this Agreement shall remain the obligation and responsibility of the Ower. 14. Notices. The parties designate the following persons as representatives t be contacted and to receive all notices regarding this Agreement: For the County: County Administrator S1. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 with a copy to: County Attorney S1. Lucie County DVA-Ol-001 (Westchester) September 11, 2001 Page 13 c::::J ^' to c::::J c::J ^ ..... .po. (.oJ ""'l -0 ::D en rr1 I'J ""'l (Jl c...J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2300 Virginia Avenue Ft. Pierce, Florida 34982~5652 For the Owner: Paul J. Hegener Westchester Development Company 1850 Fountainview Boulevard Suite 1 Port St. Lucie, Florida 34986 with copies to: Barry E. Somerstein, Esquire Ruden, McClosky, Smith, Schuster & Russell. P.A. 200 East Broward Boulevard Fort Lauderdale, Florida 33301 and , Noreen S. Dreyer, Esquire Ruden, McClosky, Smith, Schuster & Russell, P.A. 145 N.W. Central Park Plaza, Suite 2 0 Port St. Lucie, Florida 34986 15. Successors and Assions This Agreement shall be binding upon the parties and any written de gnee of the Owner. In the event of an assignment of part or all of its obligations under this A reement, Owner shall notify the County in writing witpin thirty (30) days of such assignment. pon an assignment of this Agreement and the assumption of Owner's obligations b said Assignee, the Assignor/Grantor shall be deemed released from all rights, obi ations and liabilities hereunder, and the Assignee/Grantee shall be deemed to hav assumed all rights, obligations and liabilities hereunder and the term Owner shall th reafter refer to such Assignee/Grantee. In the event of assignment of this Agreement, e Owner shall provide notice to: County Administrator St. Lucie County 2300 Virginia Avenue Ft. Pierce, Rorida 34982~5652 County Attorney St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 IN WITNESS WHEREOF, the parties hereto have caused the execution 0 this Agreement by their duly authorized officials as of the day and year first above·wrïtten. DV A·01-o0 1 (Westchester) September 11, 2001 Page 14 CJ ;;:0 tl:l CJ CJ ::><: I--" .p.. c....a ...;:¡ "'0 :I> en rn I\J -J U1 .p.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Signed, sealed, and delivered in the presence of: f. Jh~ r-t.el/ G", S';~ / '¡:; - S1 K4 ~¿; STATE OF FLORIDA COUNTY OF ST. LUCIE Westchester Develop ent Company ~/~ P;.....~ The forgoing instrument was acknowledged before thi~ day of e yo \fClYh.er ~. \'tn.¿-e.....ro""' , . Uf,e )Of"~.~-t of We tchester Developmen Company, a Florida corporation, who is V---' personally known to e or who has produce as identification. DVA-01-001 (Westchester) September 11, 2001 Page 15 ~ .' ,I, o ;;0 ~ o o ~ --4 .po t.. -.J '""0 ::t> en IT1 '" -.J (.J'1 (.J'1 1 BOARD OF COUNTY " 2 ATTEST: OF ST. LUCIE COUN 3 - , .' .....,\ . 4. 5 6 7 8 9 10 11 12 13 14 . , 15 APPROVED AS TO FORM . ,'';(, , ': ,I;''''' 16 AND CORRECTNESS: ~7 18 ~9 20 21 22 23 24. 0 Z~· ::0 26 " to CJ 27 0 :>0<:: 28 ..... .þ. 29 (...¡ -.J 30 ""0 31 :D 32 fR 33 "'-J --J U1 34 a-. 3S 36 37 38 39 40 41 42 43 44 45 46 47 OV A-01-QO 1 (Westchester) Page 16 September 11,2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 EXHIBIT A [TOTAL 2,033 ACRES] DVA..Q1·001 (Westchester) September 11. 2001 Page 17 t:) ::::0 ~ t:) t:) :;10;;: ~ .þ. '-oJ -oJ -0 :D en fTl r-.J -.J c.n -.J WESTCHESTER LEGAL DESCRIPTIO 1 2 3 4 Parcel 1 5 6 Begin at the intersection of the centerline of Gatlin Boulevard (also being th north line of Section 15 7 and the westerly limits of Gatlin Boulevard Right-of-Way and the weste Iy limits of those land 8 described in an Order of Taking, dated July 24, 1979 and recorded in Offi lal Record Book 311 a 9 Pages 2946 through 2952, inclusive, Public Records of St. Lucie County, lorida, and as shown 0 10 the Florida Department of Transportation Right-of-Way maps for State Road (1-95), Section 94001 11 2412, dated 612/T1, with last revision of 9/11/79; thence South 89 degrees or minutes 05 second 12 West, a distance of n02.12 feet; thence South 00 degrees 05 minutes 46 s conds West, a distanc 13 of 757.53 feet; thence South 89 degrees 57 minutes 43 seconds West, a ¡stance of 1159.20 feet 14 thence North 00 degrees 40 minutes 03 seconds East, a distance of 152. 0 feet; thence North 5 15 degrees 52 minutes 19 seconds East, a distance of 153.89 feet; thence No 11 degrees 24 minute 16 07 seconds East, a distance of 156.51 feet; thence North 14 degrees 02 min tes 38 seconds West, 17 distance of 439.20 feet; to the beginning of a curve concave southerly, havi g a radius of 200.00 fee 18 and a central angle of 130 degrees 29 minutes 58 seconds, thence north rly, westerly and finall 19 southerly along the arc of said curve to the left, a distance of 455.53 feet t the curves end; thenc 20 South 35 degrees 27 minutes 24 seconds West, a distance of 161.00 feet; ence South 89 degree 21 57 minutes 05 seconds West, a distance of 1118.66 feet; thence North degrees 15 minutes 3 22 seconds West, a distance of 1.86 feet; thence North 09 degrees 54 min tes 33 seconds East, 23 distance of 528.17 feet; thence North 62 degrees 56 minutes 57 seconds Est, a distance of 710.6 24 feet; .thence North 39 degrees 35 minutes 38 seconds West, a distance of 3 3.81 feet; thence Sout 25 80 degrees 50 minutes 18 seconds West, a distance of 92.33 feet; then e North 00 degrees 0 26 minutes 21 seconds East, a distance of 4587.82 feet; to the southeaster! line of Grove No.3, a 27 recorded in O.R. Book 383, at Page 1059, St. Lucie County Public Records (Special Warranty Dee 28 from A. Duda & Sons, Inc. to 0 & M Indian River Groves) thence along said outherlyand easterlylin 29 of Grove No.3 the following courses and distances: North 74 degrees 07 mi utes 42 seconds East, 30 distance of 3624.15 feet; thence North 02 degrees 40 minutes 30 seconds est, a distance of 853.6 31 feet; thence North 03 degrees 34 minutes 36 seconds East, a distance of 64.67 feet; thence Nort 32 11 degrees 39 minutes 14 seconds East, a distance of 299.59 feet; the ce North 05 degrees 5 DVA-01-001 (Westchester) September 11,2001 Page 18 c::J :;:0 I:J: Cl C) ;><: I--' , .p- c..,.¡ -..;¡ -0 :D en rr1 N -..;¡ l.J1 OJ 1 minutes 55 seconds East, a distànce of 655.21 feet; thence North 13 degre s 31 minutes 07 second 2 East, a distance of 422.94 feet; thence departing said Grove No.3, conti ue North 13,degrees 31 3 minutes 07 seconds East, a distance of 51.88 feet; thence North 74 degree 14 minutes 30 second 4 East; a distance of 2525.46 feet; thence North 76 degrees 04 minutes 00 se onds East, a distance 0 5 1244.50 feet; thence North 65 degrees 11 minutes 40 seconds East, a dista ce of 178.59 feet; thenc 6 North 59 degrees 06 minutes 39 seconds East, a distance of 424.13 feet; th nee North 73 degrees 7 minutes 15 seconds East, a distance of 14.12 feet; thence South 50 degree 55 minutes 52 second 8 East, a distance of 7.43 feet; thence North 56 degrees 01 minutes 38 sec nds East, a distance a 9 31.64 feet; thence North 33 degrees 56 minutes 01 seconds East, a dista ce of 30.15 feet; thenC 10 North 54 degree's 34 min utes 18 seconds East, a distance of 298.73 feet; th nce North 85 degrees 5 11 minutes 58 seconds East, a distance of 132.02 feet; thence North 70 degre 54 minutes 26 second 12 East, a distance of 143.67 feet; thence North 56 degrees 25 minutes 29 s nds East, a distance 0 13 121.35 feet; thence North 66 degrees 21 minutes 07 seconds East, a distan e of 557.84 feet; thenc 14 South 00 degrees 35 minutes 12 seconds West along the northerly prolong 'on of the East line ofth 15 northeast quarter of said Section 4, a distance of 271.44 feet to the north ast comer of Section 4 15 thence continue South 00 degrees 35 minutes 12 seconds West, along the ast line of said Section 4 17 a distance of 2833.04 feet to the East quarter comer of said Section 4; the ce South 00 degrees 3 18 minutes 27 seconds West, a distance of 2651.97 feet to the northwest co er of Section 10; thenc 19 North 89 degrees 54 minutes 10 seconds East along the North line of said ection 10, a distance 0 20 1793.84 feet; to a point of intersection with the westerly Right-of-Way line f said 1-95 and the sa; 21 westerly line of the lands described in the Order of Taking dated July 24, 19 9 and recorded in Officia 22 Record Book 311 at Pages 2946 through 2952, inclusive, and with a non tangent curve, concav 23 easterly, having a radius of 5983.58 feet and a central angle of 23 degrees 41 minutes 41 seconds 24 thence along the westerly line of said 1·95 Right-of-Way and along the said esterly line of the land 25 described in the Order of Taking, dated July 24, 1979, the following cours s and distances: thenc 26 southerly along the arc of said curve to the left, a distance of 2474.52 feet, said arc subtended by 27 chord which bears South 06 degrees 56 minutes 28 seconds East, a dista ce of 2456.92 feet to th 28 curves end; thence South 18 degrees 47 minutes 19 seconds East, a distan e of 714.03 feet; thenc 29 South 14 degrees 47 minutes 19 seconds East, a distance of 510.88 feet; t ence South 07 degree 30 32 minutes 07 seconds East, a distance of 374.37 feet; thence South 06 degrees 58 minutes 1 31 seconds West, a distance of 373.49 feet; thence South 15 degrees 33 min tes 28 seconds West, OV A-Q1-001 (Westchester) September 11, 2001 Page 19 c::J :;:r:¡ 8 Cl :>c:: I-' .þo t,.J -:J -0 Xo en fT1 N -:J (J1 ..a 1 distance of 491 .49 feet; thence South 34 degrees 39 minutes 50 seconds est, a distance of 207.7 2 feet; thence South 70 degrees 02 minutes 50 seconds West, a distance of 2 9.50 feet; thence Sout 3 00 degrees 01 minutes 45 seconds West, a distance of 64.09 feet; then e South 82 degrees 2 4 minutes 53 seconds West, a distance of 317.56 feet; thence North 89 degre s 58 minutes 15 second 5 West, a distance of 372.63 feet; thence North 89 degrees 58 minutes 15 se onds West, a distance 0 6 262.61 feet; thenc~ South 00 degrees 01 minutes 45 seconds West, a dista ce of 100.00 feet, to th 7 POINT OF BEGINNING. 8 9 10 Parcel 2 11 12 The perpetual, non-exclusive easement for ingress and egress granted in a d by virtue of that certai 13 Gatlin Boulevard Easement Agreementbetween Horizons St. Lucie Groves Associates and Horizon 14 St. Lucie Associates dated effective as of July 14, 1997 and recorded July 1 , 19971n Official Record 15 Book 1088, at Page 1068, Public Records of St. Lucie County, Florida, said asement for ingress an 16 egress being over and upon the following described property lying in S ctions 9,10,15 and 16 17 Township 37 South, Range 39 East, being a strip of land, 200 feet in wid , lying 100 feet on eithe 18 side of the following described centerline: 19 20 Begin atthe intersection of the centerline of Gatlin Boulevard (also being th north line of Section 15 21 and the westerly limits of Gatlin Boulevard Right-of-Way and the west r1y limits of those land 22 described in an Order of Taking, dated July 24, 1979 and recorded in otfi ial Record Book 311, a 23 Pages 2946 through 2952, inclusive, Public Records of St. Lucie County, lorida, and as shown 0 24 the Rorida Department of Transportation Right-of-Way maps for State Road #9 (1-95), Section 94001 25 2412, dated 612fT7, with last revision of 9/11/79; thence South 89 degree 57 minutes 05 second 26 West, departing said North line of Section 15, a distance of 3500.00 feet, t the Point of Terminatio 27 of the herein described centerline. 28 29 Scriveners Note: It is the intent of the herein described centerline to be com on with the South line 0 30 those lands shown and described on that certain Boundary Survey prep red by'G.C.Y., Inc., las 31 revised of July 11 , 1997 and having a file and drawing number of 97-1039-0 -01 and the North line 0 DVA-OHl01 (Westchester) September 11",2001 Page 20 §5 t:r:;1 CJ c::J :>"; ¡..... .p. t..J -.J -0 :D en m I',J -J 0"- 10 1 those lands shown and described on that certain Boundary Survey prep red by G.C.Y., Inc., las 2 revised on July 11, 1997 and having a file and drawing number of 97·103 -01-02. 3 4 5 Parcel 3 6 7 The non-exclusive easements for irrigation, drainage, ingress and egress g nted in and by virtue 0 8 that certain south Borrow Canal Drainage, Irrigation and IngresslEgres Easement Agreemen 9 between Horizons St. Lucie Groves Associates and Horizons St. Lucie ass ciates dated effective a 10 of July 14,1997, and recorded July 17,1997 in Official Records Book 10 8, at Page 1039, Pub Ii 11 Records of St Lucie County, Ronda, such easements for irrigation, drain ge, ingress and egre 12 being over and upon the two tracts more particularly described in Exhibits · A and ·B~, attached heret 13 and made a part hereof. 14 15 16 -Exhibit A" o 1 7 :::0 18 A parcel of land lying in Section 15, 22, 23, 26, and 35, Township 37 South, ange 39 East, St. Luci 19 County, Florida, more particularly described as follows: 20 21 Begin at the intersection of the centerline of Gatlin Boulevard (also being th north line of Section 15 22 and the Westerly limits of Gatlin Boulevard Right-of-Way, as shown on th Florida Department 0 23 Transportation Right-of-Way maps for State Road #9 (1-95), Section 94001 2412, dated 6/2177, wit 24 last revision of 9/11/79; thence along the westerly line of said 1-95 Right-of- aythe following course 25 and distances: thence South 00 degrees 01 minutes 45 seconds West, a distance of 100.00 feet 26 thence South 89 degrees 58 minutes 15 seconds East, a distance of 242. '1 feet; thence along th 27 westerly line of a 20 feet wide F.P. & L Right-of-Way, as recorded in Offici I Records Book 349, a 28 Page 9049, Public Records of St. Lucie County, Florida, the following cours s and distances; thane 29 South 00 degrees 01 minute 45 seconds West, a distance of 20.00 feet; the" ce South 89 degrees 5 30 minutes 15 seconds East, a distance of 318.60 feet; thence South 81 degre 56 minutes 34 second 31 East, a distance of 515.34 feet; thence South 69 degrees 58 minutes 48 se onds East, a distance 0 DVA-01-001 {Westchester} September 11, 2001 Page 21 tI:1 c::::I CJ ;:0::: ........ -P- t..I -J -0 :D G1 m f'.;) -J 0' ........ 1 276.75 feet; thence South 52 degrees 20 minutes 12 seconds East, a distan e of 908.27 feet; thenc 2 South 43 degrees 16 minutes 30 seconds East, a distance of 590.74 feet; t ence South 27 degree 3 42 minutes 53 seconds East, a distance of 590.14 feet; thence South 19 egrees 56 minutes 0 4. seconds East, a distance of 1197.74 feet; thence South 18 degrees 47 min tes 19 seconds East, 5 distance of 2565.69 feet to the beginning of a curve concave easterly, havi g a radius of 24749. 6 feet and a central angle of 03 degrees 11 minutes 10 seconds, thence south r1y along the arc of sai 7 curve to the left, a distance of 1376.21 feet to a point of intersection with a on-tangent line; thenc 8 North 00 degrees 02 minutes 34 seconds East, to a point in the said west r1y line of 1-95 Right-of 9 Way, a 'distance of 53.48 feet; to a point of intersection with a non- ngent curve, concav 10 northeasterly, håving a radius of 24729.33 feet and a central angle of 01 degrees 31 minutes 5 11 seconds, thence along the said westerly line of 1-95 Right-of-Way the followin courses and distances 12 thence southerly along the arc of said curve to the left, a distance of 661.68 eet, said arc subtende 13 by a chord which bears South 22 degrees 37 minutes 35 seconds East, to a 14 a non-tangent line; thence South 65 degrees 15 minutes 33 seconds East, 15 thence South 23 degrees 30 minutes 12 seconds East, a distance of 5.9 feet; thence South 1 16 degrees 06 minutes 31 seconds West, a distance of 72.11 feet; to a point 0 intersection with a non 17 tangent curve, concave northeaste~y, having a radius of 24729.33 feet a d a central angle of 1 18 degrees 31 minutes 35 seconds, thence southeasterly along the arc of aid curve to the left, 19 distance of 4543.31 feet, said arc subtended by a chord which bears South degrees 54 minutes 4 20 'seconds East, a distance of 4536.89 feet to the curve's end; thence South 3 degrees 10 minutes 3 21 seconds East, a distance of 1712.58 feet; to the beginning of a curve, co cave westerly, having 22 radius of 6987.97 feet and a central angle of 29 degrees 45 minutes 21 seco ds, thence southeaste 23 along the arc of said curve to the right, a distance of 3629.11 feet to the curv 's end; thence South 0 24 degrees 25 minutes 12 seconds East, a distance of 1751.36 feet; to the begi ningof a curve, concav 25 westerly, having a radius of 24381.33 feet and a central angle of 04 degree 30 minutes 14 seconds 26 thence southerly along the arc of said curve to the right, a distance of 1916. 6 feet to the curve's end 27 thence South 00 degrees 05 minutes 02 seconds West, a distance of 724. 6 feet; thence 2 B South 09 degrees 10 minutes 27 seconds West, a distance of 101.27 feet; t ence South 00 degree 29 05 minutes 02 seconds West, a distance of 483.47 feet; to a point of inter ection wi~h the norther! 30 line of those certain lands described in a deed dated May 12, 1951 to t e Central and Souther 31 Florida Flood Control District, recorded in Deed Book 165 at pages 361 thro gh 362, Public Record DVA-01·001 (Westchester) September 11, 2001 Page 22 c:J ::0 to CJ c:J .... I""'" .þ.. (..o. -1 -0 ::D en T I'ù ..;¡ c-. I'ù 1 of 81. Lucie County, Florida, and a point in the north Right-of-Way line of he South Florida Wate 2 Management District Canal C-23; thence North 89 degrees 54 minutes 36 econds West, along th 3 said northerly line of those lands described in Deed Book 165 at pages 361 and 362, and along sai 4 Right-of-Way line of the C-23 Canal Right-of-Way a distance of 250.18 feet; ence departing said C 5 23 Canal Right-of-Way, thence North 00 degrees 27 minutes 29 seconds Est, a distance of 1984.8 6 feet; thence North 27 degrees 47 minutes 31 seconds East, a distance of 1 3.29 feet; thence Nort 7 02 degrees 13 minutes 06 seconds West, a distance of 919.03 feet; then e North 42 degrees 5 8 minutes 02 seconds East, a distance of 59.68 feet; thence North 04 degree 26 minutes 42 second 9 West, a distance of 792.27 feet; thence North 35 degrees 52 minutes 36 se nds West, a distance 0 10 84.15 feet; thenée North 05 degrees 11 minutes 29 seconds West, a distan of 1514.96 feet; thenc 11 North 11 degrees 26 minutes 44 seconds West, a distance of 698.08 feet; ence North 16 degre 12 47 minutes 01 seconds West" a distance of 903.46 feet; thence North 27 degrees 11 minutes 1 13 seconds West, a distance of 664.26 feet; thence North 27 degrees 47 min tes 36 seconds West, 14 distance of 357.15 feet; thence North 32 degrees 46 minutes 03 seconds W st, a distance of 613.01 15 feet; thence North 34 degrees 56 minutes 03 seconds West, a distance of 3 0.54 feet; thence Nort 16 33 degrees 47 minutes 06 seconds West, a distance of 1904.25 feet; the ce North 31 degrees 17 minutes 39 seconds West, a distance of 325.93 feet; thence North 28 degre 30 minutes 01 second 18 West, a distance of 2168.54 feet; thence North 25 degrees 32 minutes 10 s conds West, a distanc 19 of 651.46 feet; thence North 22 degrees 32 minutes 08 seconds West, a distance of 927.20 feet 20 thence North 50 degrees 17 minutes 06 seconds West, a distance of 159. 7 feet; thence North 31 21 degrees 46 minutes 57 seconds West, a distance of 109.55 feet; thence No h 07 degrees 55 minute 22 28 seconds West, a distance of 177.53 feet; thence North 01 degrees 15 mi utes 37 seconds East, 23 distance of 109.86 feet; thence North 20 degrees 41 minutes 28 seconds W st, a distance of 216.21 24 feet; thence North 21 degrees 38 minutes 43 seconds West, a distance of 16.99 feet; thence Nort 25 16 degrees 36 minutes 10 seconds West, a distance of 323.54 feet; the ce north 18 degrees 5 25 minutes 57 seconds West, a distance of 1915.94 feet; thence North 17 degre~s 09 minutes 4 27 seconds West, a distance of 375.16 feet; thence North 19 d~grees 25 min tes 42 seconds West, 28 distance of 358.89 feet; thence f'.!òrth 21 degrees 34 minutes 26 seconds est, a distance of 635.3 29 feet; thence North 19 degrees 43 minutes 54 seconds West, a distance of 48.53 feet; thence Nort 30 26 degrees 28 minutes 01 seconds West, a distance of 277.17 feet; the e North - 39 degrees 3 31 minutes 40 seconds West, a distance of 314.46 feet; thence North 45 degre s 54 minutes 01 second DVA-01-Q01 (Westchester) September 11, 2001 Page 23 o ;;0 tr.l o c:J ;:ro:; ....... .þ. (.oJ -:J ~ :I> C:ïl n1 I'-J -:J 0-. (..oJ 1 West, a distanc~ of 256.94 feet; thence North 47 degrees 47 minutes 40 sec nds West, a distance 0 2 665.93 feet; thence North 51 degrees 22 minutes 57 seconds West, a dista e of 502.14 feet; thenc 3 North 71 degrees 26 minutes 24 seconds West, a distance of 197.54 feet; t ence North 80 degree 4 07 minutes 32 seconds West, a distance of 443.11 feet; thence North 86 degrees 11 minutes 1 5 seconds West, a distance of 206.15 feet; thence South 89 degrees 41 min es 14 seconds West, 6 distance of 391.07 feet; thence North 80 degrees 59 minutes 51 seconds W st, a distance of 114.01 ' 7 feet; thence North 02 degrees 53 minutes 30 seconds East, a distance of 2 5.19 feet; thence So 8 89 degrees 58 minutes 15 se90nds East, a distance of 52.00 feet, to the Pint of Beginning. 9 10 11 EXHIBIT flBfl 12 13 INGRESS 1 EGRESS EASEMENT SOUTH OF GATLIN BOULEVARD 14 15 A strip of land being 50 feet in width, lying 25 feet each side of the following escribed centerline; sai 16 strip of land lying in Sections 15, 22, 23, 26, & 35, Township 37 South nge 39 East, St. Luci 17 County, Florida, said centerline bei~g more particularly described as folio 18 19 Begin at the intersection of the centerline of Gatlin Boulevard (also being th north line of Section 15 20 and the westerly limits of Gatlin Boulevard Right-of-Way, as shown on th Florida Department 0 21 Transportation Right-of-Way maps for State Road #9 (1-95), Section 94001 2412, dated 6/2fT7. wi 22 last revision of 9/11179; thence North 89 degrees 58 minutes 15 seconds est, along the wester! 23 prolongation of Gat/in Boulevard Centerline, a distance of 77.03 feet; the e South 02 degrees 5 24 minutes 30 seconds West, a distance of 306.41 feet; thence South 80 degrees 59 minutes 51 25 seconds East, a distance of 138.51 feet; thence North 89 degrees 41 min tes 14 seconds East, 26 distance of 392.21 feet; thence South 86 degrees 11 minutes 17 seconds ast, a distance of 203.9 27 feet; thence South 80 degrees 07 minutes 32 seconds East, a distance of 9.89 feet; thence Sout 28 71 degrees 26 minutes 24 seconds East, a distance of 191.22 feet; then e South 51 degrees 2 29 minutes 57 seconds East, a distance of 496.94 feet; thence South 47 degre s 47 minutes 40 second 30 East, a distance of 664.73 feet; thence South 45 degrees 54 minutes 01 se onds East, a distance 0 31 255.16 feet; thence South 39 degrees 38 minutes 40 seconds East, a dista ce of 31 0.20 feet; thenc DVA-Q1-OO1 (Westchester) September 11, 2001 Page 24 c::l ::0 to c::l o :;00:; ....... .p. (.oJ -.;¡ -0 ::J:> c:n rr1 l'ù -J Ci' .p.. 1 South 26 degrees 28 minutes 01- seconds East, a distance of 272.82 feet; t ence South 19 degree 2 43 minutes 54 seconds East, a distance of 547.46 feet; thence South 21 degrees 34 minutes 2 3 seconds East, a distance of 635.29 feet; thence South 19 degrees 25 min tes 43 seconds East, 4 distance of 357.92 feet; thence South 17 degrees 09 minutes 49 seconds Est, a distance of 375.0 5 feet; thence South 18 degrees 58 minutes 57 seconds East, a distance of 1 15.82 feet, thence Sou 6 16 degrees 36 minutes 10 seconds East, a distance of 324.13 feet; then e South 21 degrees 3 7 minutes 43 seconds East, a distance of 717.88 feet; thence South 20 degre 41 minutes 28 second 8 East, a distance of 211.15 feet; thence South 01 degrees 15 minutes 27 sec nds West, a distance 0 9 107.02 feet; thence South 07 degrees 55 minutes 28 seconds East, a distan e of 184.82 feet, thenc 10 South 31 degreés 46 minutes 57 seconds East, a distance of 118.90 feet; ence South 50 degree 11 17 minutes 06 seconds East, a distance of 157.36 feet; thence South 22 degrees 32 minutes 0 12 seconds East, a distance of 921.68 feet; thence South 25 degrees 32 min tes 10 seconds East, 13 distance of 652.76 feet; thence South 28 degrees 30 minutes 01 seconds E st, a distance of 2169.8 14 feet; thence South 31 degrees 22 minutes 39 seconds East, a distance of 3 7.09 feet; thence Sou 15 33 degrees 47 minutes 06 seconds East, a distance of 1905.03 feet; then e South 34 degrees 5 16 minutes 03 seconds East, a distance of 611.45 feet; thence South 27 degre s 47 minutes 36 second 17 East, a distance of 355.93 feet; thence South 27 degrees 11 minutes 16 se onds East, a distance 0 18 661.85 feet; thence South 16 degrees 47 minutes 01 seconds East, a dista e of 900.02 feet; thenc . 19 South 11 degrees 26 minutes 44 seconds East, a distance of 695.55 feet; ence South 05 degree 20 11 minutes 20 seconds East, a distance of 1520.45 feet; thence South 3 degrees 52 minutes 3 21 seconds East, a distance of 83.97 feet; thence South 04 degrees 26 min es 42 seconds East, 22 distance of 774.29 feet; thence South 42 degrees 52 minutes 03 seconds est, a distance of 59.1 23 feet, thence South 02 degrees 13 minutes 07 seconds East, a distance of 9 2.71 feet; thence Sout 24 27 degrees 47 minutes 31 seconds West, a distance of 132.67 feet; then e South 00 degrees 2 25 minutes 29 seconds West, to the northerly line of those certain lands descri ed in a deed dated Ma 26 12,1951 to the Central and Southern FJorida,F1ood Control District, recor ed in Deed Book 165 a 27 pages 361 through 362, Public Records of St. Lucie County, Florida, and a oint in the northerly right 28 of-way line of the South Florida Water Management District Canal C-23, ad tance of 1 991.08 feet, t 29 the Point of Tenninus. 30 31 DVA-01-001 (Westchester) September 11, 2001 Page 25 Cl :;u trJ c::J Cl ~ ..... .p- c...¡ -:I -0 :D en 'T'f I'\J -:I 0' tJ1 1 Parcel 4 2 3 Non-exclusive easement for the benefit of Parcell as created by Drainage nd Irrigation Easemen 4 dated January 26, 1990, recorded January 31, 1990 in Official Records Boo 675, Page 1942, of th 5 Public Records of St. Lucie County, Florida, for drainage and irrigation, on, ver, and under the Ian 6 described as follows: (Subject to the ~enns, provisions and conditions set f rth in said instrument) 7 8 Aparcel of land located in Sections 4 and 5, Township 37 South, Range 39 East and in Sections 3 9 and 34, Township 36 South, Range 39 East, St. Lucie County, Florida an being more particular! 10 described as fonows, to wit: 11 12 Commence at the Southwest comer of said Section 34; thence North 89 degrees 59 minutes 0 13 'Seconds East along the south line of said Section 34 a distance of 1753.27 eet to the intersection 0 14. the south line of said Section 34 and the Southwesterly right-of-way line of e South Florida Wate 15 Management District Canal C-24 as shown on the right-of-way map for s id Canal C-24, checke 16 dated 11/25/58 and revised 02123/59; thence North 43 degrees 08 minute 38 seconds West alon 17 said Southwesterly right-of-way line of Canal C-24, a distance of 911. 6 feet, to the Point 18 Beginning of the herein described pårcel; thence continue North 43 degree 08 minutes 38 second 19 West along said right-of-way line a distance of 139.00 feet to the Southe sterly comer of Grove 20 Addition as recorded in Official Records Book 589, Page 1186, Public Rec rds of St. Lucie County 21 Florida; thence North 89 degrees 08 minutes 58 seconds West along the outheasterly line of sai 22 Grove 2 Addition a distance of 318.79 feet; thence South 60 degrees 24 inutes 31 seconds Wes 23 along said Southeasterly line of said Grove 2 Addition a distance of 793.61 eet to the Southeasterl 24 comer of Grove 2; thence South 65 degrees 05 minutes 51 seconds Wes along the Southeaster 25 line of said Grove 2 a distance of 762.00 feet; thence South 70 degrees 42 ¡nutes 47 seconds Wes 26 along said Southeasterly line of Grove 2 a distance of 440.52 feet to a point i the Northeasterly line 0 27 the O.L. Peacock Cemetery Parcel (being a lessed out paree.' in that conve ance from Peacock Frui 28 and Cattle Company, Inc. to A. Duda and Sons, Inc.); thence South 43 degrees 58 minutes 5 29 seconds East along Northeasterly line of the O.L. Peacock Cemetery Parce a distance of 57.60 feet 30 thence South 62 degrees 44 minutes 35 seconds West along the said Sou heasterlý line of the sai 31 O. L. Peacock Cemetery Parcel a distance of 967.89 feet; thence South 7 degrees 11 minutes 5 DVA-Q1-001 (Westchester) September 11. 2001 Page 26 §3 to CJ c::J ::-::; ..... +>- t..J -oJ '"'0 :D en I'Tl I'\J -oJ ~ 1 seconds West along the said Southeasterly line of the said O.L. Peacock C metery Parcel a distanc 2 of819.19feet; thence South 74 degrees 54 minutes 36 seconds West alon the Southeasterly line 0 3 the said O.L. Peacock Cemetery Parcel a distance of 1079.51 feet; the ce departing said O.L 4 Peacock Cemetery Parcel South 66 degrees 31 minutes 36 seconds West a distance of 63.88 feet 5 thence South 74 degrees 12 minutes 41 seconds West a distance of 1540. 9 feet; thence South 6 6 degrees 04 minutes 30 seconds West a distance of 91.06 feet: thence Sou 22 degrees 55 minute 7 30 seconds East a distance of 45.16 feet to a point common to TRACT B at he Northwesterly come 8 of the 115.07 acre Sod Field Parcel; thence Northeasterly along the North ne of said TRACT B th 9 following COl:Jrses and distances: thence North 74 degrees 14 minutes 30 s conds East a distance 0 10 2525.46 feet; tHence North 76 degrees 04 minutes 00 seconds East a istance of 1244.50 feet 11 thence North 65 degrees 11 minutes 40 seconds East a distance of 178. 9 feet; thence North 5 12 degrees 06 minutes 39 seconds East a distance of 424.13 feet; thence No 73 degrees 43 minute 13 15 seconds East a distance of 14.12 feet; thence South 50 degrees 55 mi utes 52 seconds East 14 distance of 7.43 feet; thence North 56 degrees 01 minutes 38 seconds Eas a distance of 31.64 feet 15 thence North 33 degrees 56 minutes 01 seconds East a distance of 30. 5 feet; thence North 5 16 degrees 34 minutes 18 seconds East a distance of 298.73 feet; thence No 85 degrees 53 minute 17 58 seconds East a distance of 132.02 feet; thence North 70 degrees 54 mi utes 26 seconds East 18 distance of ·143.67 feet; thence North 56 degrees 25 minutes 29 seconds ast a distance of 121 .3 19 feet; thence North 66 degrees 21 minutes 07 seconds East a distance of 55 .84 feet; thence South 0 20 degrees 35 minutes 12 seconds West along the East line of said TRACT a distance of 12.29 feet 21 thence North 65 degrees 05 minutes 51 seconds East departing the Eas line of said TRACT B 22 distance of 75.98 feet; thence North 60 degrees 24 minutes 31 seconds ast a distance of nO.5 23 feet; thence South 89 degrees 08 minutes 58 seconds East a distance of 24 OF BEGINNING. 25 26 Containing 2,033.20 acres, more or less. 27 DVA-Q1-001 (Westchester) September 11, 2001 Page 27 CJ ;:;0 t::C' o o ;:0::: I-"' .p. L-J -.J ï:J ::t> en rT1 I'.J -.J Cl' -.J 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 26 EXHIBIT B [PHASE I, 576.38 ACRES] DV A-01-00 1 0N estchester) September 11, 2001 Page 28 t:J ;0 tI:l Cl Cl ;><; ¡-¿ .po LN -;:¡ ""0 :D en IT1 N -.;¡ 8:ì ... 1 Westchester, Phase I PMUD Legal Des ription 2 3 Being a parcel of land located in Sections 9, and 10, Township 37 South, ange 39 East, St. Luci 4 County, Florida. 5 6 Said parcel being more particularly described as follows: 7 8 Begin at the intersection of the centerline of Gatlin Boulevard, (also being th North line of Section 15 9 and the Westerly limits of Gatlin Boulevard Right-of-Way and the Weste y limits of, those land 10 described in an ·Order of Taking, dated July 24, 1979 and recorded in Offi ial Record Book 311 a 11 Pages 2946 through, 2952, inclusive, Public Records of St. Lucie County, lorida, and as shown 0 12 the Florida Department of Transportation Right-of-Way maps for State Road (1-95), Section 94001 13 2412, dated 6/2!n, with last revision of 9/11/79; thence S 89°57'05fl W, along said centerline 14 distance of 2815.40 feet; thence N 00°14'09" E, a distance of 2059.65 f et to the beginning of 15 tangent curve concave to the Southwest, having a radius of 3000.00 feet; th nce along the arc of sai 16 curve through a central angle of 36°43'47", a distance of 1399.56 feet; t ence N 63°30'22" E, 17 distance of 100.00 feet; thence N 63°43'13" E, a distance of 196.38 feet to e beginning of a curv 18 concave to the South, having a radius of 525.00 feet; the chord of which bea s N 78°27'42" E; thenc 19 along the arc of said curve through a central angle of 29°26'59", a distanc of 269.89 feet; thenc 20 86°48'48"E, a distance of 62.97 feet to the beginning of a curve concave to the Northwest, having 21 radius of 275.34 feet; the chord of which bears N 4]034'02" E; thence ala g the arc of said curv 22 through a central angle of 91 °11 '51fl, a distance of 438.26 feet to a point of reverse curvature with 23 curve concave to the East, having a radius of 527.97 feet; the chord of whi h bears N 20°16'30" E 24 thence along the arc of said curve through a central angle of 40°1 0'52", a di tance of 370.26 feet to 25 point of reverse curvature with a curve concave to the Northwest, having a r dius of 1956.76 feet; th 26 chord of which bears N 26°56'51" E; thence along the arc of said curve th ough a central angle 0 27 26°57'03", a distance of 920.42 feet to a point of reverse curvature with a curve concave to th 28 Southeast, having a radius of 525.00 feet; the chord of which bears N 28°0 '14" E; thence along th 29 arc of said curve through a central angle of 21 °09'50", a distance of 193.92 eet to the beginning of 30 non-tangent curve concave to the Northeast, having a radius of 1550.00 feet the chord of which bea 31 S 49°07'13- E; thence along the arc of said curve through a central angle 0 17°59'05", a distance 0 DVA-Ol-QOl (Westchester) September 11, 2001 Page 29 o '~ r:r:I 8 ;:00:::; ...... .þ. t..J -J " :D en 'T 1'.:1 -J 0' ....0 1 486.53 feet; the~ce S 58°06'45"E, a distance of 389.95 feet to the beginni g of a curve concave t 2 the Southwest, having a radius of 450.00 feet; the chord of which bears S 2 °00'27" E; thence a/on 3 the arc öf said curve through a central angle of 58°12'36", a distance of 7.18 feet to a point 0 4 reverse curvature with a curve concave to the East, having a radius of 10 0.00 feet; the chord 0 5 which bears S 09°04'45" E; thence along the arc of said curve through a cen I angle of 18°21'13", 6 distance of 336.35 feet; thence S 18°15'21" E, a distance of 855.11 feet to the beginning of a non 7 tangent curve concave to the Southeast, having a radius of 100.00 feet; th chord of which bears 8 ,31 °48'09· W; thence along the arc of said curve through a central angle of 2°43'41", a distance 0 9 57.12 feet; thence N 90°00'00. W, a distance of 696.16 feet; thence S 00 00'00" W, a distance 0 10 320.00 feet; thence S 90°00'00" E, a distance of 25.00 feet; thence S 00 0'00" W a distance 0 11 290.00 feet; thence N 90°00'00· W, a distance of 25.00 feet; thence S 00 00'00" W, a distance 0 12 270.00 feet; thence S 90°00'00. E, a distance of 25.00 feet; thence S 00 0'00· W, a distance 0 13 290.00 feet; thence N 90°00'00· W, a distance of 15.00 feet; thence S 00 00'00· E, a distance 0 14 275.00 feet; thence S 90°00'00" E, a distance of 945.64 feet; thence S 1 15 115.63 feet to the beginning of a tangent curve concave to the West, havin a radius of 810.00 feet 16 the chord of which bears S 07°47'10. W; thence along the arc of said curve t rough a central angle 0 17 41 °39'54·, a distance of 589.03 feet to the beginning of a non-tangen curve concave to th 18 Northwest, having a radius of 100.00 feet; the chord of which bears S 28°21 25" W; thence along th 19 arc of said curve through a central angle of 131°05'52", a distance of 228.81 eet; thence S 33°05'26 20 WI a distance of 397.79 feet to the beginning of a curve concave to the Sou east, having a radius 0 21 500.00 feet; the chord of which bears S 16°32'43" W; thence along the ar of said curve through 22 central angle of 33°05'26·,a distance of 288.n feet; thence S 00°00'00" r a distance of 87.07 23 Thence N 89°57'05" E. a distance of 588.36 feet; thence S 00°02'55" E, a ¡stance of 100.00 feet t 24 the Point of Beginning. 25 26 Containing 223.40 acres, more or less. 27 28 29 30 31 DVA-Q1-oo1 (Westchester) September 11 , 2001 Pa~e 30 c::l ;:;0 OJ CJ c::l ;:ro:; t-J. .p. c...J -;¡ "U ::D en rn !'\:) -J -;¡ o 1 Westchester, Phase I PUC Legal Cese iption 2 3 Being a parcel of land located in Sections 8, 9, 16, & 17, Township 37 So th, Range 39 East, St 4. Lucie County, Florida. 5 6 Said parcel being more particularly described as follows: 7 8 Begin at the intersection of the centerline of Gatlin Boulevard, (also being th North line of Section 15 9 and the We~terly limits of Gatlin Boulevard Right-of-Way and the Weste y limits of those Ian 10 described in an .Order of Taking, dated July 24, 1979 and recorded in Offi iaJ Record Book 311 a 11 Pages 2946 through, 2952, inclusive, Public Records of St. Lucie County, orida, and as shown 0 12 the Florida Department of Transportation Right-of-Way maps for State Road (1-95), Section 94001 13 2412, dated 6/2f17, with last revision of 9/11 f79;thence S, 89°57'05" W long said centerline 14 distance of 2815.40 feet to the Point of Beginning; thence continue S 89 7'05" W, a distance 0 15 4508.78 feet; thence N 00°00'00" E, a distance of 2482.51 feet; thence N 8 16 196.14 feet; thence S 76°31 '44" E, a distance of 48.81 feet, thence N 14°12' 2" E, a distance of 40. 17 feet to the beginning of a non-tangent curve concave to the Southwest, ha ing a radius of 1950.0 18 feet; the chord of which bears S 68°58'33" E; thence along the arc of said curve through a centra 19 angle of 13°38'31., a distance of 464.29 feet; thence N 2]011'31" E, a distan e of 100.00 feet; thenc 20 S 58°08'06" E, a distance of 492.35 feet to the beginning of a tangent cu e concave to the North 21 having a radius of 950.00 feet; thence along the arc of said curve through a c ntral angle of 42°28'21" 22 a distance of 704.22 feet; thence N 32°46'15" E, non-tangent to last descri ed curve, a distance 0 23 33.95 feet; thence N 12°20'57. W, a distance of 315.54'; thence N 78°49'36 E, a distance of 214.11 24 feet; thence N 84°52'28" E, a distance of 300.55 feet; thence N 14°09'53" , a distance of 242.5 25 feet; thence N 52°27'35" E, a distance of 39.61 feet; thence N 29°13'49" W, distance of 280.04 feet 26 thence N 07°13'39" W, a distance of 222.22 feet; thence N 03°00'12" E, distance of 59.95 feet 27 thence N 04°54'56· W, a distance of 221.93 feet; thence N 17°51'33" W, distance of 60.24 feet 28 thence N 35°24'06" E, a distance of 74.68 feet; thence S 70°38'31" E, a dist nce of 91 .16 feet; thenc 29 S 78°08'31" E, a distance of 187.63 feet to the beginning of a non-tang t curve concave to th 30 Southeast, having a radius of 161.90 feet; the chord of which bears N 63°4 '43" E;,thence along th 31 arc of said curve through a central angle of 65°49'09", a distance of 185.99 eet to the beginning of DVA-01-o01 (Westchester) September 11, 2001 Page 31 §is to o Cl ;:0;; ...... ~ UJ -J .." :D û1 T ".J -.J -.J I-" 1 non-tangent curve concave to the Southeast, having a radius of 650.00 feet; the chord of which bea 2 N 31°39'20· E; thence along the arc of said curve through a central angle of 26°41'20., a distance 0 3 302.78 feet; thence N 45°00'00. E, tangent to last described curve, a d tance of 1134.06 feet 4 thence S 45°00'00. E, a distance of 636.49 feet to the beginning of a curve c ncave to the Southwest 5 having a radius of 3000.00 feet; the chord of which bears S 35°41 '31" E; the ce along the arc of sai 6 curve through a central angle of 45°14'09., a distance of 2368.53 feet; ence S 00°14'09. W, 7 distance of 2059.65 feet to the Point of Beginning. 8 9 Containing 352.98 acres, more or less. 10 11 DVA-01-o01 (Westchester) September 11, 2001 Page 32 o ;;0 t:t:1 c:::J o ;00; ..... .þ. t.N -.J -0 ::D m T1 I'\J -.J -:¡ I'\J 1 2 3 4. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 EXHIBIT C RESOLUTION NO. 01-010 PUD DVA-01-001 (Westchester) September 11, 2001 Page 33 53 c::l 8 ;x; ...... ~ 1...J -.J -u :t> Cl lT1 '" -.J -.J l..>J 3 ~ :¡ 5 7 ~ 3 J 1 2 3 4 5 6 7 8 9 o 1 2 3 4 5 6 7 8 9 o 1 2 3 4 5 6 7 8 9 RESOLUTION NO. 01-010 FILE NO: RZ-0Q-015 A RESOLUTION GRANTING PRELIMINARY PLANNED DEVELOPMENT APPROVAL FOR A PROJECT KNOWN AS WESTCHESTER 7 A PLANNED UNIT DEVELOPMENT 3 ) WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, h s made the following ) determinations: L CHANGE IN ZONING ~ 1. Westchester Development Company presented a petition, for a change in zon ng from AG-1 (Agriculture - 1 dwelling unit! acre) to PUD (Planned Unit Development) for c rtain property in St. Lucie County, Rorida 2. On January 18, 2001, the 5t Lucie County Planning and Zoning Commlssio held a public hearing, of which due public notice was published in the Port 5t. lucie N and the Ft. Pierce Tribune and mailed to all property owners within 500 feet at least 1 days prior to the hearing, and recommended to ttüs Board that the requested change in zo ing from AG- 1 (Agriculture - 1 dwelling unit I acre) to PUD (Planned Unit Development) e granted. On February 15, 2001, the 5t Lucie County Planning and Zoning Commissio held a public hearing, of which due public notice was published in the Port St. Lucie N and the Ft. Pierce Tribune and mailed to all property owners within 500 feet..at least 1 days prior to the hearing, and recommended to this Board that a minor change to he previously recommended change in zoning from AG-1 (Agriculture· 1 dwelling unit acre) to PUD (Planned Unit Development) be approved and reaffirmed ifs recommenda ion. 3. SITE PLAN 4. The petitioner is proposing to construct a 600 unit subdivision with recreatio and preserve areas and infrastructure in the northwest quadrant of 1-95 and Gatlin, n the property described in Part B below. 5. The Development Review Committee has reviewed the preliminary si e plan for the proposed project and found it to meet all technical requirements and to be onsistent with the future land use maps of the 51. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. 6. On February 15, 2001, the St. Lucie County Planning and Zoning Commissi n held a public hearing, of which due public notice was published in the P.ort St. Lucie N ws and the Ft. Pierce Tnbune and mailed to all property owners within 500 feet at least 10 ays prior to the hearing, and recommended to this Board that Preliminary Development PI n approval for the project known as Westchester - a Planned Unit Development, be gran ed. On March 6, 2001, this Board held a public hearing on the petition, after pu IIshing á notice of such hearing in the Port 51. Lucie News and the Ft. Pierce Tribune and tifying by mail all owners of property within 500 feet of the subject property. 7. FileNo.: RZ·QO.-015 March 6, 2001 Resolution 01-010 Page \ CJ ::::0 CD CJ o :::00: ....... .þo. (.,J ....:¡ -0 :0 R1 I"\.l -.J ....:¡ .þo. 1 2 3 4 5 6 7 8 9 .0 .1 .2 .3 .4 .5 .6 .7 .8 .9 :0 .1 .2 ,3 4 5 6 7 8 9 o 1 2 3 4 5 6 7 8 9 o 1 2 3 4 5 6 7 8 9 o 8. The proposed project is consistent with the general purpose, goals, bjectives, and standards of the SI. Lucie County Land Development Code, the St Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 9. The proposed project will not have an undue adverse effect on adjace t property, the character of the neighborhood, traffic conditions, parking, utility facilities, r other matters affecting the public health, safety and general welfare. 10. All reasonable steps have been taken to minimize any adverse effect f the proposed project on the immediate vicinity through building design, site design, I dscaping, and screening. 11. The proposed project will be constructed, arranged and operated so as not 0 interfere with the development and use of neighboring property, In accordance with a plicable district regulations. 12. The proposed project will be served by adequate public facilities and saN ces. 13. The applicant has demonstrated that water supply, evacuation facilities, nd emergency access are satisfactory to provide adequate fire protection. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners f the St. Lucie County, Florida: A Pursuant to Section 11.02.05 of the St. Lucie County Land Develop ent Code, the Preliminary Site Plan for the project known as Westchester - A Planned Un t Development is hereby, approved as shown on the site plan drawings for the project prep red by Thomas Lucido & Associates, P.A.. dated September 15, 2000 and subsequently evised through February 23, 2001, and date stamped received by the St. Lucie Cou ty Community Development Director on February 23, 2001, subject to the condition as outlined in attached Exhibit 'A' and the following allowance for residential unit transfer rom the PMUO to the PUD. c::r ;;;0 tl:l o c::r ~ ~ .þo (.oJ -.J -0 :::t> en n1 ~ -;J t.11 At the time of Final Development Plan Approval for the Westchester PU ,the developer may, as a minor adjustment, increase the number of residential units within t e Westchester PUD by transferring up to 100 residential units from the Westchester PMU ,provided that the Westchester PMUD is reduced by an equal number of residential unit. B. The property on which this prelininary approval is being granted is described as folio s: See attached legal description. Exhbit 's' (Location: Northwest quadrant 011-95 and GaIJin Blvd. C. The approval of this Preliminary Site Plan Is contingent upon the develope obtaining final Planned Unit Development approval within 24 months of the date of pproval of this resolution. If Final Planned Unit Development approval has not been obt ined within this period, this site plan shall expire on March 6, 2003, unless a Preliminary Sit Plan approval extension is granted in accordance with Section 11.02.06(8), St. Luci County Land Development Code. File No.: RZ-<lO-015 March 6, 2001 Resolution 01·010 Page 2 7 3 , J 1 2 3 1 J 5 7 3 3 ) L 2 3 :l. J ,. ;) 7 3 , J 1 2 3 :l. 5 6 7 9 ::1 :) 1 2 3 4- 5 6 7 8 L 2 3 ~ The conditions set forth in Section A are an integral nonseverable part f the site plan approval granted by this resolution. If any condition set forth in Section A i determined to be invalid or unenforceable for any reason and the developer declines to co ply voluntarily with that condition, the site plan approval granted by this resolution shall b come null and void. D. J 5 E. A copy of this resolution shall be attached to the site plan drawings describ which plan shall be placed on file with the SI. Lucie County Communi Director. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson AYE AYE in Section At Development V¡'ce-Chalrman Doug Coward Commissioner Cliff Barnes AYE BOARD OF COUNTY COMMISS ONERS ST. LUCIE COUNTY, FLORIDA Resolution OHllO Page 3 Commissioner John Bruhn AYE AYE Commissioner Paula Lewis PASSED AND DULY ADOPTED this 6th day of March, 2001. BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK COUNTY ATTORNEY File No.: RZ-OQ-O 15 March 6. 2001 c::l ;::r.¡ C:l Cl o ;:00::: I--' .po. (...J -;] "'U :D en TT1 N -:J -;] C'- EXHIBIT 'A' WESTCHESTER PUD/PMUD CONDITIONS PRELIMINARY DRAINAGE 1. The developer shall design and construct the stormwater ma agement system in accordance with applicable South Florida Water Manageme District regulatory criteria. 2. The surface water management system and any required Iìtt rat planting zones shall be designed, constructed and maintained in accordanc with South Ronda Water Management District ERP requirements. EDUCATION 3. All residential deve/op-ment within this project shall be subj t to the terms, and requirements of S1. Lucie County Ordinance 88-16, EduĊ“ti nal facility Impact Fees, and as may subsequently be amended. Any con "bution toward, or development or dedication of school land or facilities. s all be eligible for Educational Impact Fee credit to the extent permitted u der the County's Educational Facility Impact Fee ordinance. FIRE/EMS PROTECTION 4. All development within this project shall be subject to the term and requirements of St. Lucie COUl.1ty Ordinance 00-031, Fire/EMS Impact ees, and as may subsequently be amended. To the extent permitted under th County's Fire/EMS Impact Fee regulations, any contribution toward or developm nt or dedication of land for Fire/EMS facilities may be considered for all or part 0 a Fire/EMS Impact Fee Credit. GENERAL DEVELOPMENT CONDITIONS 5. General building setbacks shall be as follows; a. Single-family home sites west of the North/South corrid r: Minimum lot size: 42 w x 1.00 d Maximum lot size: 100 w x 125 d Maximum lot coverage: 80% Front setback: 20 feet (15 feet for hose homes with a front, side loading ga age layout) Side setback: 6 feet (0 feet and 12 feet for zero lot line homes) Side setback (Comer): 15 feet Rear setback: 15 feet (screen Palle 1 .,6 We cbester CondlUons Preliminary Man:b 6. 20111 PSl:2941:1 o ^' to c:::l CJ ^ I-' .po. [.oJ -.J '"0 :p en IT1 rv .....:J -.J ...;¡ other ancillary stru tures may be a minimum of five feet rom a rear property line provided that no uch ancillary facility interferes with a y drainage or maintenance easem nt) b. Single family home sites east of, the North/South corrido : Minimum lot size: 30 w x75 d Maximum lot size: 100 w x 130 d Maximum lot coverage: 90% Maximum building height: 35 feet Front setback: 10 feet (15 feet for those homes on a perimeter block lot that use a front loading driveway) Side setback (L;.ots <50 width): 0 feet one side/no op nings ,3 feet on other side '( inimum separation between adjacent s ctures is 12 feet or structures with I s than 12 feet separation shall h e automatic fire sprinkler systems) (Lots >50 width): 3 feet (minimum s paration between adjacent structures is 12 feet or structures wfth Ie than 12 feet separation shall h e automatic fire sprfnkler systems) Side setback (Comer): 15 feet Rear setback: Lots with rear garage access: 15 feet (screen roo sl pool decks and other ancillary st ctures, excluding garages, may be a m nimum of zero feet from the property lin provided that no such ancillary facility interferes with any drainage or maintena ce easement) Lots with front garage access: 15 feet (screen roo sl pool decks and other ancillary st ctures, including garages, may be a m nimum of zero feet from the property lin provided that no such ancillary facility interferes with any drainage or maintena ce easement) Minimum alley easement width: 20 feet (One-way aile s) Minimum alley pavement width: 10 feet (One-way aile s) Minimum alley radius: 25 feet in direction of ravel Pilge Z otli West Ilester CaadlUans PreUmlnl1'Y Mare1lG.2001 1'Sl:2941:1 c:J , :::0 t::O 8 ~ ..... .p. t..,.J -::J -0 :D en rTl I'.J -::J -:¡ CD c. Multi-FamilyfTownhome sites east of the North/South A erial Road Minimum lot size: Variable width/averag depth 85 feet Maximum lot size: Variable widthlaverag depth 110 feet Maximum building lot coverage: Variable Maximum building height: 50 feet Front setback: 10 feet Side setback between bldgs: 20 feet Side setback (Comer): 15 feet Rear setback: Lots with rear garage access: 15 feet (screen roo sl pool decks and other ancillary str ctures, excluding garages, may be a m nimum of zero feet from the property /in provided that no such ancillary facility interferes with any drainage or maintena ce easement) Minimum alley easement width: 20 feet (One-way aile s) Minimum alley pavement width: 10 feer (One-way aile s) Minimum alley radius: 25 feet in direction of ravel 6. Any obligation of Westchester Development Company h reunder shall be assignable to a community development district create by Westchester Development Company for such purpose. HABITATAT, VEGETATION AND WILDLIFE -7. Wetlands identified to be preserved on the Master Plan refere ced in Part A or as may be delineated in subsequent permitting documentation shall be retained and/or restored if necessary, and maintained in accordance with South Florida Water Management District permit conditions. Such wetland shall be protected by conservation easement, deed restriction, or other appropriat legal mechanism, and future maintenance responsibilities shall be assigne to a community development district or other entity approved by the So th Florida Water Management District. In the event that threatened or enda gered species are found, Developer shall comply with applicable regulations. As part of Final Development Plan Approval, wetlands that are identified to b preserved on the Master Plan referenced in Part A or as may be delineated in su sequent permitting documentation, shall be identified by specific numeration. 8. Wetlands identified to be altered, as depicted on the Master Plan referenced in Part A, may be altered to the extent shown with the remai ing areas of such wetlands being retained and/or restored if necessary, nd mai.ntained in accordance with South Florida Water Management District permit conditions. Such wetlands shall be protected by conservation easement, deed restriction, or other appropriate legal mechanism, and future maintenance sponsibilities shall be assigned to a community development district or other ent ty approved by the South Florida Water Management District. In the event hat threatened or 'llIO 3 0'6 West bestcr Coodldøn¡ PrllllDllalfV MIICIl 6. 2001 PSl:2941:1 o :;u to o Cl 7<: ...... .þo C"ol -J "U :D en rn N -;¡ -J ..0 endangered species are found, Developer shall comply with ap As part of Final Development Plan Approval, wetlands that altered 'on the Master Plan referenced in Part A or as m subsequent permitting documentation, shall be identified by sp Iicable regulations. re identified to be be delineated in cific numeration. 9. Wetlands identified to be impacted on the Master Plan refere ed in Part A or on subsequent permits, may be altered to the extent shown the eon. If necessary, the Developer shall obtain permit approvals to alter/eliminate t ese wetlands from the South Florida Water Management District and the US Arm Corp of Engineers and shall meet all applicable mitigation requirements and stan ards. In the event off-site mitigation is required, the applicant shall first seek perform all such mitigation in St. Lucie County. As part of Rnal Developm nt Plan Approval, wetlands that are identified to be impacted/eliminated 0 the Master Plan referenc.ed in Part A or as may be delineated in sub equent permitting documentation, shall be identified by specific numeration. 10. Lakes or canals shall not be excavated within 200 feet of th e wetlands, which are to be preserved or restored on the project site, unless oth rwise approved by South Florida Water Management District. Any wells in the s allow aquifer shall not be located within 300 feet of those wetlands, which are 0 be preserved or restored on the project site. South Florida Water Manag ent District must approve any exceptions to this condition. A copy of any South Rorida Water Management Distríct per it or other consent addressing this condition shall be provided to St. Lucie Coun prior to final plat approval. 11. In order to promote maintenance or implementation f predevelopment hydroperiods within the enhanced and/or restored wetlands an within any wetland mitigation areas, final drainage plans shall provide for routing 0 sufficient volumes of runoff from-acceptable sources to the preserved or restor wetlands prior to routing of any excess runoff through the project off-site d scharge outfall, in accordance with South Aorida Water Management District tandards. Control elevations shall be established consistent wtth the intent to aintain or improve predevelopment hydroperiods within all wetland areas. The outh Rorida Water Management District must approve the routing of runoff and c ntrol elevations as shown on the final drainage plans to achieve the intent indicate above. Copies of the South Florida Water Management District constr ction permits shall be provided to St. Lucie County prior to final plat approval. 12. The Developer shall plant and maintain a buffer zone of nativ vegetation around all enhanced, restored, or created wetlands on site in a ordance wtth the requirements of the South Rorida Water Management District. PIlII4016 WCSl: heSler Condltloas PRllmløary March 6. ZDDl PSl:2941:1 o ;;0 to o -0 ;:roo:; f-4 .þ.. t.N -J 'T.l :D 0') rr¡ I'J -J cc o RECREATION AND OPEN SPACE 13. All resid"ential development within this project shall be subje t to the terms and requirements of St Lucie County Ordinance 00-034, Parks I pact Fees, and as may subsequently be amended. To the extent permitted unde the County's Parks Impact Fee regulations, any contribution toward or developm nt or dedication of land for recreational facilities may be considered for all or pa of a Parks Impact Fee Credit. ROADS IMPACT FEES 14. All development within this project shall be subject to the term and requirements of St Lucie County Ordinance 00-032, 'Roads Impact F es, and as may" subsequently be amended. Any contribution toward, dedicatio or development of road right of way or facilities, including but not limited to all dedications or improvements in roadway capacity that exceed the need t provide safe and adequate access for the project shaJl be eligible for Roads Imp ct Fee credit to the extent permitted under the County's Roads Impact Fee Ordina s. 15. Westchester Development Company may apply any credits rom transportation impacts mitigated by Westchester Development Company" .for the Phase I PUD/PMUD in excess of the needs of the Phase I O/PMUD toward transportation impacts generated by development of adjacent p operties owned by Westchester Development Company. ' TRANSPORTATION 16. Gatlin Boulevard west of 1-95 shall be designed as a primary ublic access route extending from its current terminus to the proposed traffic cirel at the intersection of Gatlin Boulevard and the unnamed north/south corr; or. Design and construction of the roadway shall meet all requirements of St. Lucie County and the Florida Department of Transportation (FOOT). 17. The proposed traffic circle and unnamed north/south corridor, a shown on the site plans referenced in Part A, shall be designed as a primary p blic access route. Design and construction of the roadway shall meet all require ents of St. Lucie County and FOOT. 18. An emergencyltemporary access shall be provided to the W stside Residential prior to the issuance of the 2501h Certificate of Occupancy for residential unit in the Wests ide Residential area. 19. To" the extent practical, and based upon the transportation development and service plans of the local transit providers, the final developmen plans for the area referred to" as the Westchester PMUO/PUO shall conside the inclusion of dedicated transit stop and'areas in its final project designs. PlgI 5 at 6 Westc esler Cøndid'lIs PRlllamary Marcil 6. 2001 PSl:2941:1 Cl :::0 tt:l c::::l Cl ::><: ..... .þ. (... -."J ""'0 :D en m N -."J co ..... WASTEWATER 20. All wastewater within the Westchester PMUD/PUD shall be co nected to a central wastewater treatment service, except that temporary build ngs shall not be required to connect to a central wastewater treatment system until such time as one is made available to the temporary building site or otherw se required by the St. Lucie County Public Health Unit. For the purpose of this evelopment order, temporary buildings shall be. those used in connection with co struction activities, models, buildings used in connection with agricultural us and any other buildings that may be so excepted by the St. Lucie County Cod WATER SUPPLY: POTABLE AND NONPOTABLE WATER 21. All potable water within the Westchester PMUD/PUD shall be p vided by a central potable water system, except that temporary buildings shall ,at be required to conn"act to a central water system until such time as one is m e available to the temporary building site or otherwise required by the Sf. Lucie C unty Public Health Unit For the purpose of this development order, temporary buH ings shall be those used in connection with construction activities, models, uildings used, in connection with agricultural uses, and any other buildings that ay be so excepted by the St. Lucie County Code. 22. The primary source of irrigation water shall be water"' derive from the surface water management system of lakes supplemented by wells a permitted by the South Florida Water Management District. No withdrawals f m lakes shall be permitted which would adversely affect wetlands required b this development order to be preserved on site, or wetlands and littoral zones reated on site as mitigation for wetland functions and values lost as a result of thi development. At the time of water use permit issuance or renewal, the develop shall comply with applicable South Rorida Water Management District rules an criteria for permit issuance, which criteria may in the future require the use of recl ¡med water. 23. To the maximum extent consistent with wetland protectio , surficial aquifer wellfields serving the Westchester PMUD/PUD shall be located such that principal land uses within the cone of influence of such wells are open pace, preserve, or residential area. In no case shall development, which would us ,handle, store, or produce hazardous or toxic materials, occur within the cone of nfluence (Le., one foot drawdown area) of a surficial aquifer potable water suppl well. unless such use, handling, storage, or production is consistent with binding ellfield protection regulations. Pin & .1 & We$lc uter ClIIUIIUOQS Preliminary Marçll &.Z 001 PSl:Z941:1 c:l :::0 a;I c:l c:l :x; ~ .þ. t...I -.J -0 :Do en IT1 N -J co N Westchester, Phase I .iUD Legal Description EXHIBIT 6 Being a parcel of land located in Sections 8, 9. 16, & 17, Township 37 South, ange 39 East, St. Lucie County, Florida. Said parcel being more particularly described as follows: Begin at the intersection of the centerline of Gatlin Boulevard, (also being the orth fine of Sectibn 15) and the Westerly limits of Gatlin Boulevard Right-of-Way and the Westerly limits f those lands described in an Order of Taking, dated July 24, 1979 and recorded in Official Record B ok 311 at Pages 2946 through, 2952, inclusive, Public Records of St. Lucie County, Rorida, and a shown on the Florida Department of Transportation Right-of-Way maps for State Road #9 (1-95), Se tion 94001-2412, dated 6/2177, with last revision of 9/11f79;thence S 89°57'05" W along said centerlin a distance of 2815.40 feet to the Point of Beginning; thence continue S 89°57'05" W, a distance of 4508.78 feet; thence N 00°00'00" E, a distance of 2482.51 feet; thence N 87°16'17" E, a distance 0 196.14 feet; thence S 76°31'44" E, a distance of 48.81 feet thence N 14°12'12" E. a distance of 40.00 feet to the beginning of a non-tangent curve concave to the Southwest, having a radius of 1950.00 feet; e chord of which bears S 68°58'33" E; thence along the arc of said curve through a central angle of 3°38'31", a distance of 464.29 feet; thence N 2]011'31" E, a distance of 100.00 feet; thence S 58°08'06" E, a distance of 492.35 fe~t to the beginning of a tangent curve concave to the North, haYing'a radiu of 950.00 feet; thence along the arc of said curve through a central angle of 42~8'21", a distance 0 704.22 feet; thence N' 32°46'15" E, non-tangent to last described curve, a distance of 33.95 feet; th nce N 12°20'57" W, a distance of 315.54'; thence N 78°49'36" E, a distance of 214.11 feet; thence N °52'28" E, a distance of 300.55 feet; thence N 14°09'53" W. a distance of 242.58 feet; thence N 52"27'3 .. E, a distance of 39.61 feet; thence N 29°13'49" W, a distance of 280.04 feet; thence N Or13'39" W, a istance of 222.22 feet; thence N 03°00'12" E, a distance of 59.95 feet; thence N 04°54'56" W, a distan of 221.93 feet; thence N 17°51'33" W, a distance of 60.24 feet; thence N 35°24'06" E, a distance f 74.68 feet; thence S 70°38'31" E. a distance of 91.16 feet; thence S 78°08'31" E, a distance...ðf 187.63 feet to the beginning of a non-tangent curve concave to the Southeast, having a radius of 161.90 feet; e chord of which bears N 63°40'43" E; thence along the arc of said curve through a central angle of °49'09", a distance of 185.99 feet to the beginning of a non-tangent curve concave to the Southeast, h ing a radius of 650.00 feet; the chord of which bears N 31°39'20" E; thence along the arc of said curve through a central angle of 26°41'20", a distance of 302.78 feet thence N 45°00'00" E, tangent to ast described curve, a distance of 1134.06 feet; thence S 45°00'00" E, a distance of 636.49 feet to e beginning of a curve concave to the Southwest, having a radius of 3000.00 feet; the chord of whi bears S 35°41'31" E; thence along the arc of said curve throügh'a central angle of 45°14'09", a di tance of 2368.53 feet; thence S 00°14'09" W, a distance of 2059.65 feet to the Point of Beginning. Containing 352.98 acres, more or less. puo Legal PlIge 1 or 1 FEB - 5 ~'JO! FebnJary 5,2001 c:::J :;0 to t::l c:::J ="'= I-' .p.. L·J -.J " :D en I'T1 ":J -.J CD Lool ..; '1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT D RESOLUTION NO. 01-011 PMUD DVA-Ol-001 (Westchester) September 11, 2001 Page 35 t::l ;:0 trl c::J c::J ::-::: ...... , .p.. (..J -J ." :D Ai 1',) -J 1:0 +>- 1 2 3 4 5 6 7 8 9 o 1 2 3 4 5 6- 7 8 9 o 1 2 3 4 5 6 7 8 9 o 1 2 3 ,4 ,5 ,6 ,7 i8 i9 .0 \1 L2 L3 L4 L5 L6 L7 La L9 RESOLUTION NO. 01-011 FILE NO: RZ-00-o15 A RESOLUTION GRANTING PRELIMINARY PLANNED DEVELOPMENT APPROVAL FOR PROJECT KNOWN AS WESTCHESTER A PLANNED MIXED USE DEVELOPMENT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, as made the following determinations: CHANGE IN ZONING 1. Westchester Development Company presented a petition, for a change in zo ing from AG-1 (Agriculture· 1 dwelling unit! acre) to PMUD (Planned Mixed Use Develop ent) for certain property in St. Lucie County, Rorida. 2. On February 15, 2001, the St Lucie County Planning and Zoning Commlssl n held a public hearing, of which due public notice was published in the Port St Lucie N ws and the Ft. Pierce Tnbune and mailed to all property owners within 500 feet at least 0 days prior to the hearing, and recommended to this Board that the requested change in z nlng from AG· 1 (Agriculture - 1 dwelling unit! acre) to PMUD (Planned Mixed Use D velopment) be granted. SITE PLA.N 3. The petitioner is proposing to construct a 200 unit residential project wi h 14.1 acres of commercial area, 56.3 acres for civic uses, 2.1 acres for religious use, 76.1 acres of open space and infrastructure in the northwest quadrant of 1-95 and Gatlin, n the property described in Part B below. 4. The Development Review Committee has reviewed the preliminary s te plan for the proposed project and found it to meet all technical requirements and to b consistent with the future land use maps of the S1. Lucie County Comprehensive PIa, subject to the conditions set forth in Part A of this Resolution. 5. On February 15, 2001, the St. Lucie County Planning and Zoning Commiss n held a public hearing, of which due public notice was published in the Port 81. Lucie ews and the Ft. Pierce Tribune and mailed to all property owners within 500 feet at least 10 ays prior to the hearing, and recommended to this Board that Preliminary Development Ian approval for the project known as Westchester· a Plarmed Mixed Use Development, e granted. 6. On March 6, 2001, this Board held a public hearing on the petition, after pu Iishlng a notice of such hearing in the Port St. Lucie News and the Ft. Pierce Tribune and otifying by mail all owners of property within 500 feet of the subject property. 7. The proposed project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Land Development Code, the 8. Lucie County Comprehensive Plan. and the Code of Ordinances of St. Lucie County. Ale No.: AZ-0(H)15 March 6, 2001 All30h,¡lÏQn 01-011 Page 1 Cl ;::0 t:t:I o Cl ;;0::: ...... .p. t.>J -J -0 ::::D en m "J ...;¡ r::o Ot J 7 3 ~ ) L ~ ) ) 7 3 1 ) L ~ L 2 3 1 J :> 7 3 ~ ) l 2 3 1 3 :) 7 3 ¡ ) L ~ The prop!:>sed project will not have an undue adverse eHect on adjace t property, the character of the neighborhood, traffic conditions, parking, utility facilities, r other matters aHeeting the public health. safety and general welfare. 8. 9. All reasonable steps have been taken to minimize any adverse effect 0 the proposed project on the immediate vicinity through building design, site design, la dscaping, and screening. 10. The proposed project will be constructed, arranged and operated so as not t interfere with the development and use of neighboring property, in, accordance with ap Iicable district regulations. 11. The proposed project will be served by adequate public facílíties and servi es. 12. The applÏli;ant has demonstrated that water supply, evacuation facilities, nd emergency access are satisfactory to provide adequate fire protection. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners f the St. Lucie County, Ronda: A Pursuant to Section 11.02.05 of the 5t Lucie County Land Develop ent Code, the Preliminary Site Plan for the project known as Westchester - A Planned Uni Development is hereby, approved as shown on the site plan drawings for the project prep a ad by Thomas Lucido & Associates, P.A dated September 15,2000 and subsequently r vised through February 23, 2001, and date stamped received by the St. Lucie Cou ty Community Development Director on February 23, 2001, subject to the conditions as outlined in attached Exhibit 'A' and the following allowance for residential unit transfe from the PUD to the PMUD. At the time at Anal Development Plan Approval for the Westchester PMUD the developer may, as a minor adjustment, increase the number of residential units within t e Westchester PMUD by transferring up to 100 residential units from the Westchester PU ,provided that the Westchester PUD is reduced by an equal number of residential units. B. The property on which this preliminary approval is being granted is described as folio See attached legal desc~tion - Exhibit 'B' (Location: Northwest quadrant of 1-95 and Gatlin Blvd) C. The approval of this Preliminary Site Plan is contingent upon the develope obtaining final Planned Unit Development approval within 24 months ot the date of a proval of this resolution. If Final Planned Unit Development approval ha~ not been obta ned within this period, this site plan shall expire on March 6, 2000, unless a Preliminary Sit Plan approval extension is granted in accordance with Section 11.02.06(8), St. Luci County Land Development Code. D. The conditions set forth In Section A are an integral nonseverable part f the site plan approval granted by this resolution. It any condition set forth in Section A i determined to File No.: RZ-QO-OI5 Marçh 6, 2001 ResoludQl1 01·011 Page 2 c::J ;::1C tt:l C) Cl ;><; ..... ..þ. LJ -::¡ -0 :D en rn I'\.J -::¡ CD CJ'o. J ,. :) 7 ~ 3 J 1 2 3 4- 5 6 7 8 9' o 1 2 3 ~ 5 6 7 8 9 o 1 2 3 4- 5 6 7 8 9 o 1 2 3 4 5 6 1 2 3 1 be invalid or unenforceable for any reason anå the developer declines to co ply voluntarily with that condition, the site plan approval granted by this resolution shall b come null and void. E. A copy of this resolution shall be attached to the site plan drawings describ in Section A, which plan shall be placed on file with the SI. Lucie County Communit Development Director. After motion and second I the vote on this resolution was as follows: Chairman Frannie Hutchinson AYE AYE Vice-Chairman Doug Goward Commissioner Cliff Barnes AYE AYE Commissioner John Bruhn Commissioner Paula Lewis AYE PASSED AND OUL Y ADOPTED this 6th day of March, 2001. BOARD OF COUNTY COMMIS lONERS ST. LUCIE COUNTY. FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK COUNTY ATTORNEY Fikl No.; RZ-OO-OlS March 6. 2001 ResoluUon 01-011 Page 3 Cl ;;0 co 8 ;;><; ~ .po t.N .....J "T.1 ~ rr1 I"-..J .....J OJ -.J EXHIBIT 'A' WESTCHESTER PUD/PMUD CONDITIONS . PRELIMINARY DRAINAGE 1. The developer shall design and construct the stormwater ma agement system in accordance with applicable South Rorida Water Manageme t District regulatory criteria. 2. The surface water management system and any required Ii oral planting zones shall be designed, constructed and maintained in accordanc with South Florida Wat~r Management District ERP requirements. , EDUCATION 3. AJI residential development within this project shall be subje to the terms and requirements of Sl Lucie County Ordinance 88-16, Educa onal facility Impact Fees, and as may subsequently be amended. Any con ribution toward, or development or dedication of school land or facilities s all be eligible for Educational Impact Fee cr.edit to the extent permitted nder the County's Educational Facility Impact Fee ordinance. FIRElEMS PROTECTION 4. All development within this project shall be subject to the te of S1. Lucie County Ordinance 00-031, Fire/EMS Impact subsequently be amended. To the extent permitted under th Impact Fee regulations, any contribution toward or developm land for Fire/EMS facilities may be considered for all or part 0 Fee Credit. GENERAL DEVELOPMENT CONDITIONS 5. General building setbacks shall be as follows; s and requirements ees, and as may County's FirelEMS nt or dedication of a Fire/EMS Impact a. Single-family home sites west of the North/South corrid r: Minimum lot size: 42 w x 100 d Maximum lot size: 100 w x'125 d Maximum lot coverage: 80% Front setback: 20 feet (15 feet for hose homes with a front, side loading ga age layöut) Side setback: 6 feet (0 feet and 12 feet for zero lot line homes) Side setback (Corner): 15 feet Rear setback: 15 feet (screen roo sl pool decks and Pagel ,iii PS1:2941:1 w ester CoødltJaas PrlllllUløary March 6. 2001 o ;:;0 to o o ;x: ~ .¡::.. c...l -:¡ "'U :I> 0') IT1 I'\J -:¡ en c:c other ancillary stru tures may be a minimum of five feet rom a rear property line provided that no uch ancillary facility interferes with ny drainage or maintenance easem nt) b. Single family home sites east of the North/South corrido : Minimum lot size: 30 w x75 d Maximum lot size: 100 w x 130 d Maximum lot coverage: 90% Maximum building height: 35 feet Front setback: 10 feet (15 feet for those homes on a perimeter -block lot that use a front loading driveway) Side setback (Lots <50 width): (Lots >50 width): Side setback (Corner): Rear setback: Lots with rear garage access: Lots with front garage access: Minimum alley easement width: Minimum alley pavement width: Minimum alley radius: Paue 2 ,18 P51:2941:1 o feet one side/no op nings 3 feet on other side ( inimum separation between adjacent s ctures is 12 feet or structures with Ie s than 12 feet separation shall h ve automatic fire sprinkler systems) 3 feet (minimum eparation between adjacent structures is 12 feet or structures with Ie s than 12 feet separation shall h ve automatic fire sprinkler systems) 15 feet 15 feet (screen roo sl pool decks and other ancillary str ctu res , excluding garages, may be a inimum of zero feet from the property Ii e provided that no such ancillary facility interferes with any drainage or mainten ce easement) 15 feet (screen roo sl pool decks and other ancillary st ctures, including garages, may be a ¡nimum of zero feet from the property Ii e provided that no such ancillary facili interferes with any drainage or mainten ce easement) 20 feet (One-way all s) 10 feet (One-way all s) 25 feet in direction of travel W cbemr Caudlll'us Preliminary Marcil B.2001 C) ;0 tI:J C) CJ ;;0<; ..... .p. UJ -J -0 ::J:> en IT1 rv ~ a:l ...0 c. Multi-Familyrrownhome sites east of the North/South A erial Road Minimum lot size:, Variable widthlavera e depth 85 feet Maximum lot size: Variable widthlavera e depth 110 feet Maximum building lot coverage: Variable Maximum building height: 50 feet Front setback: 10 feet Side setback between bldgs: 20 feet Side setback (Corner): 15 feet Rear setback: Lots with rear garage access: 15 feet (screen sl pool decks and other ancillary st ctu res , excluding garages, may be a ¡nimum of zero feet from the property Ii e provided that no such ancillary facility interferes with any drainage or maintena ce easement) Minimum alley easement width: 20 feet (One-way all s) Minimum alley pavement width: 10 feet (One-way all s) Minimum alley radius: 25 feet in direction of ravel 6. Any obligation of Westchester Development Company ereunder shall be assignable to a community development district create by Westchester Development Company for such purpose. HABITATAT, VEGETATION AND WILDLIFE 7. Wetlands identified to be preserved on the Master Plan refere ced in Part A or as may be delineated in subsequent permitting documentatio , shall be retained and/or restored if necessary, and maintained in accordance with South Florida Water Management District permit conditions. Such wetland shall be protected by conservation easement, deed restriction, or other appropria e legal mechanism, and future maintenance responsibilities shall be assigne to a community development district or' other entity approved by the S uth Florida Water Management District. In the event that threatened or enda gered species are found, Developer shall comply with applicable regulations. As part of Final Development Plan Approval, wetlands that are identified to e preserved on the Master Plan referenced in Part A or ,as may be delineated in s bsequent permitting documentation, shall be identified by specific numeration. 8. Wetlands identified to be altered, as depicted on the Maste Plan referenced in Part A, may be altered to the extent shown with the rema ing areas of such wetlands being retained and/or restored if necessary, nd maintained in accordance with South Rorida Water Management Distric permit conditions. Such wetlands shall be protected by conservation easement, deed restriction, or other appropriate legal mechanism, and future maintenance esponsibilities shall be assigned to a community development district or other en ity approved by the South Florida Water Management District. In the event that threatened or Plan If& W lIeSlllr CaadlUans pnllfmfnl¡Y MaRII 5.2001 PSl:2941:1 o ::::0 tx.1 Cl o ..... I-'"' .þ. (..,, -; -0 ::I) FR ',J -J ...0 o endangered species are found, Developer shall comply with a plicable regulations. As part of Rnal Development Plan Approval, wetlands that are identified to be altered on the Master Plan referenced in Part A or as m y be delineated in subsequent permitting documentation, shall be identified by sp cific numeration. 9. Wetlands identified to be impacted on the Master Plan refere ced in Part A or on subsequent permits, may be altered to the extent shown the eon. If necessary, the Developer shall obtain permit approvals to alter/eliminate ese wetlands from the South Florida Water Management D,istrict and the US Arm Corp of Engineers and shall meet all applicable mitigation requirements and stan ards. In the event off-site mitigation is required, the applicant shall first seek 0 perform all such mitigation in 81. Lucie County. As part of Rnal Develop ent Plan Approval, wetlands that are identified to be impacted/eliminated 0 the Master Plan referenced in Part A or as may be delineated in su sequent permitting documentation, shall be identified by specific numeration. 10. Lakes or canals shall not be excavated within 200 feet of th se wetlands, which are to be preserved or restored on the project site, unless oth rwise approved by South Rorida Water Management District. Any wells in the hallow aquifer shall not be located within 300 feet of those wetlands, which are to be preserved or restored on the project site. South Rorida Water Manag ment District must approve any exceptions to this condition. A copy of any South Florida Water Management District pe addressing this condition shall be provided to St. Lucie Cou approval. it or other consent prior to final plat 11. In order to promote maintenance or implementation f predevelopment hydroperiods within the enhanced and/or restored wetlands an within any wetland mitigation areas, final drainage plans shall provide for routing f sufficient volumes of runoff from acceptable sources to the preserved or restor d wetlands prior to routing of any excess runoff through the project off-site scharge outfall, in accordance with South Rorida Water Management District tandards. Control elevations shall be established consistent with the intent to aintain or improve predevelopment hydroperiods within all wetland areas. The outh Rorida Water Management District must approve ,the routing of runoff and c ntrol elevations as shown on the final drainage plans to achieve the intent indicate above. Copies of the South Florida Water Management District const uction permits shalf be provided to St. Lucie County prior to final plat approval. 12. The Developer shall plant and maintain a buffer zone of nativ vegetation around all enhanced, restored, or created wetlands on site in a cordance with the requirements of the South Florida Water Management District. hae4ørli We bestir CDadUløns Prcrrmlll31Y Man:1I ø.2001 1'81.:2941;1 Cl 7.J c::l o Cl ;:><;: ...... .po ~ -oJ ""0 :::D en fTI r-.:J -:;¡ ...0 I-" RECREATION AND OPEN SPACE 13. All residential development within this project shall be subj t to the terms and requirements of St. Lucie County Ordinance 00-034, Parks I pact Fees, and as may subsequently be amended. To the extent permitted unde the County's Parks Impact Fee regulations, any contribution toward or develop ent or dedication of land for recreational facilities may be considered for all or pa of a Parks Impact Fee Credit. ROADS IMPACT FEES 14. All development within this project shall be subject to the ter s and requirements of S1. Lucie County Ordinance 00-032, Roads, Impact ees, and as may subseql!ently be amended. Any contribution toward, dedicati or development of road right of way or facilities, including but not limited t all dedications or improvements in roadway capacity that exceed the need t provide. safe and adequate access for the project shall be eligible for Roads 1m ct Fee credit to the extent permitted under the County's Roads Impact Fee Ordina ces. 15. Westchester Development Company may apply any credits from transportation impacts mitigated by Westchester Development Compan for the Phase I PUD/PMUD in excess of the needs of the Phase I UD/PMUD toward transportation impacts generated by development of adjacent roperties owned by Westchester Development Company. TRANSPORTATION 16. Gatlin Boulevard west of 1-95 shall be designed as a primary public access route extending from its current terminus to the proposed traffic circ at the intersection of Gatlin Boulevard and the unnamed north/south corri or. Design and construction of the roadway shall meet all requirements of S . Lucie County and the Florida Department of Transportation (FOOD. 1'7. The proposed traffic circle and unnamed north/south corridor, s shown on the site plans referenced in Part A, shall be designed as a primary ublic access route. Design and construction of the roadway shall meet all requir ments of S1. Lucie County and FOOT. 18. An emergency/temporary access shall be provided to the estside Residential prior to the issuance of the 250lh Certificate of Occupancy for a residential unit in the Westside Residential area. 19. To the extent practical, and based upon the transportatio development and service plans of the local transit providers. the final developme tplans for the area referred to as the Westchester PMUO/PUO shall consid r the inclusion of dedicated transit stop and areas in its final project designs. PUI 5., & We bllstllf Coadltlous Pfllllnlløary Marcb 8.2001 PSl:2941:1 c:J :;:0 t:cJ o o :;0<: ..... .þ. l...>l -.J ï.:I :I:> en rn N ~ WASTEWATER 20. All wastewater within the Westchester PMUD/PUD shall be co nected to a central wastewater treatment service, except that temporary buil ings shall not be required to connect to a central wastewater treatment syste until such time as one is made available to the temporary building site or othe ise required by the St. Lucie County Public Health Unit. For the purpose of this development order, temporary buildings shall be those used in connection with c nstruction activities, models, buildings used in connection with agricultural us s, and any other buildings that may be so excepted by the St. Lucie County Cod WATER SU,PPLY: POTABLE AND NONPOTABLE WATER 21. All potable water within the Westchester PMUD/PUD shall be rovided by a central potable water system, except that temporary buildings shall not be required to connect to a central water system until such time as one is m e available to the temporary building site or otherwise required by the 8t. Lucie ounty Public Health Unit. For the purpose of this development order, temporary buil ings shall be those used in connection with construction activities, models, buildings used in connection with agricultural uses, and any other buildings that ay be so excepted by the 81. Lucie County Code. 22. The primary source of irrigation water shall be water derive from the surface water management systel'D of lakes supplemented by wells s permitted by the South Florida Water Management District. No withdrawals rom lakes shall be permitted which would adversely affect wetlands required b this development order to be preserved on site, or wetlands and littoral zones created on site as mitigation for wetland functions and values lost as a result of t is development. At the time of water use permit issuance or renewal, the develop r shall comply with applicable South Rorida Water Management District rules an criteria for permit issuance, which criteria may in the future require the use of reel imed water. 23. To the maximum extent consistent with wetland protecti , surficial aquifer wellfields serving the Westchester PMUO/PUD shall be locate such that principal land uses within the cone of influence of such wells are open pace, preserve, or residential area. In no case shall development, which would u e, handle, store, or produce hazardous or toxic materials, occur within the cone 0 influence (i.e., one foot drawdown area) of a surficial aquifer potable water suppl well, unless such use, handling, storage, or production is consistent with binding wellfield protection regulations. Paae 611 & West beslllr CoødlUlos prellm/allY Martllll. ZOOl PSt:Z941:1 Cl :;;0 ~ Cl :><: ~ ..". t.N -::J -r:::J :D en ", N .....:J ...0 (..oj Westchester, Phase". 2MUD Legal Description:' EXHIBIT B Being a parcel of land located in Sections 9, and 10, Township'37 South, R nge 39 East, St. Lucie County, Florida. Said parcel being more particularly described as follows: Begin at the intersection of the centerline of Gatlin Boulevard, (also being the orth line of Section 15) . and the Westerly limits of Gatlin Boulevard Right-of-Way and the Westerly limits f those lands described in an Order of Taking, dated July 24, 1979 and recorded in Official Record B ok 311 at Pages 2946 through, 2952, inclusive, Public Records of S1. Lucie County, Florida, and a shown on the Florida Department of Transportation Right~of~Way niaps for State Road #9 (1~95), Se ion 94001-2412, dated 6/2177, with last revision of 9/11f79; thence S 89°57'05" W, along said centerlin a distance of 2815.40 feet; thence N 00°14'09" E, a distance of 2059.65 feet to the beginning of a t gent curve concave to the Southwest, having a radius of 3000.00 feet; thence along the arc of said curve through a central angle of 36°43'47", a distance of 1399.56 feet; thence N 63°30'22" E, a distance f 100.00 fee~ thence N 63°43'13" E, a distance of 196.38 feet to the beginning of a curve concave to th South, having a radius of 525.00 feet; the chord of which bears N 78°27'42" E; thence along the arc of said curve through a central angle of 29°26'59", a distance of 269.89 feet; thence 86°48'48"E, a dis ce of 62.97 feet to the beginning of a curve cOncave to the Northwest, having a radius 'of 275.34 feet e chord of which bears N 47°34'02" E; thence along the arc of said curve through a central angle of 1°11'51", a distance of 438.26 feet to a point of reverse curvature with a curve concave to the East,"h ving a radius of 527.97 feet; the chord of which bears N 20°16'30" E; thence along the arc of said curv through a central angle of 40°10'52", a distance of 370.26 feet to a point of reverse curvature with curve concave to the Northwest, having a radius of 1956. 76 fee~ the chord of which bears N 26°56'51 E; thence along the arc of said curve through a central angle of 26°5,03", a distance of 920.42 fe t- to a point of reverse curvature with a curve concave to the Southeast, having a radius of 525.00 t; the chord of which bears N 28"02'14" E; thence along the arc of said curve through a central angle of 21°09'50", a distance of 193.92 feet to the beginning of a non-tangent curve concave to the North ast, having a radius of 1550.00 feet; the chord of which bears S 49°07'13" E; thence along the arc f said curve through a central angle of 17°59'05", a distance of 486.53 feet; thence S 58°06'45" E, a d tance of 389.95 feet to the beginning of a curve concave to the Southwest, having a radius of 450.00 eet; the chord of which bears S 29°00'27" E; thence along the arc of said curve through a central angle of 58°12'36", a distance of 457.18 feet to a point of reverse curvature with a curve concave to the ast, having a radius of 1050.00 feet; the chord of which bears S 09°04'45" E; thence along the arc f said curve through a central angle of 18°21'13", a distance of 336.35 feet; thence S 18°15'21" E, a dl tance of 855.11 feet to the beginning of a non-tangent curve cóncave to the Southeast, having a radius f 100.00 feet; the chord of which bears S 31°48'09" W; thence along the arc of said curve through a cent I angle of 32°43'41", a distance of 57.12 feet, thence N 90°00'00" W, a distance of 696.16 feet; th nce S 00°00'00" W, a distance of 320.00 feet; thence S 90°00'00" E, a distance of 25.00 feet; th nee S 00°00'00" W, a distance oJ 290.00 feet; thence N 90°00'00" W, a distance of 25.00 feet; th nceS 00°00'00" W, a distance of 270.00 feet; thence S 90"00'00" E. a distance of 25.00 feet; tl1 nce S 00°00'00" W, a distance of 290.00 feet; thence N 90°00'00" W. a distance óf 15.00 feet; th nce S 00°00'00" E, a distance of 275.00 feet; thence S 90°00'00" E, a distance of 945.64 feet; th nce S 13°02'47" E, a distance of 115.63 feet to the beginning of a tangent curve concave to the est, having a radius of 810.00 feet; the chord of which bears S Or47'10" W; thence along the arc f said curve through a central angle of 41 °39'54", a distance of 589.03 feet to the beginning of a non-t ngent curve concave to the Northwest, having a radius of 100.00 feet; the chord of which bears S 28°21' 5" W; 'thence along the arc of said curve through a central angle of 131°05'52", a distance of 228.81 fee thence S 33°05'26" W, a distance of 397.79 feet to the beginning of a curve concave to the Southeast, h ving a radius of 500.00 feet; the chord of which bears S 16"32'43" W; thence along the arc of said curve through a central angle of 33°05'26",a distance of 288.77 feet; thence S 00°00'00" W, a distance of 87. 7; Thence N 89°57'05" E. a distance of 588.36 feet; thence S 00°02'55" E, a distance of 100.00 feet to e Point of Beginning. Containing 223.40 acres, more or less. PMUO Legal Page 1 ot 1 February 5, 2001 o ;;:0 l:XI C1 o :><:: I-' .þ. t..I ...;J -0 :::c> en ", N -J ...0 .po