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Home My WebLink About2017-001 SB Fort Pierce Angle Road FDS, LLCJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4366598 11/0212017 08:34.58 AM OR BOOK 4060 PAGE 595 - 598 Doc Type: AGR RECORDING: $35.50 RIF 2017-001 ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS AND SB FORT PIERCE ANGLE ROAD FDS, LLC IN CONSIDERATION FOR THE DONATION OF CERTAIN RIGHT-OF-WAY ALONG ANGLE ROAD THIS AGREEMENT is made and entered into as of this 17th day of October, 2017, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "St. Lucie County" and SB FORT PIERCE ANGLE ROAD FDS, LLC. WITNESSETH WHEREAS, on October 17, 2017 SB FORT PIERCE ANGLE ROAD FDS, LLC , dedicated to St. Lucie County, certain property representing 0.178 acres of land for the future widening of Angle Road, as further described in the attached Exhibit "A" (the "Dedication"), along which is proposed to be developed as Family Dollar retail discount retail store, and, WHEREAS, St. Lucie County has adopted a "Road Impact Fee Ordinance" which imposes impact fees relating to the need for future improvements and additions to the County Road System; and, WHEREAS, the Code of Ordinances of St. Lucie County, Section 1-17-33.1(c) provides for credits for the donation of non -site related right-of-way on those roadways that are part of the County's Road Impact Fee Eligibility network, and, WHEREAS, Angle Road is part of the St. Lucie County's Road Impact Fee Eligibility network, and, WHEREAS, based upon the provisions of the Code of Ordinances, Section 1-17-33.1(c) of St. Lucie County, the value of the right-of-way donation that is eligible for consideration of Road Impact Fee Credit is: $14,150.1 WHEREAS, SB FORT PIERCE ANGLE ROAD FDS, LLC is desirous of establishing the amount of Credit that SB FORT PIERCE ANGLE ROAD FDS, LLC shall be entitled to for the right-of-way donation. NOW, THEREFORE, in consideration of the mutual covenants entered into between the parties here to be made and performed, and in consideration of the benefits to accrue to each of the parties, it is agreed as follows: Section 1. Incorporation by Reference. The above recitals are true and correct and are made a part of this Agreement by reference. Section 2. Amount of Impact Fee Credit. SB FORT PIERCE ANGLE ROAD FDS, LLC is entitled to a credit against St. Lucie County Roads Impact Fees in the amount of fourteen thousand one hundred fifty/nineteen cents ($14,150.19), under the criteria set forth in Code of Ordinances of St. Lucie County, Section 1-17-33.1(c) for the donation of certain right-of- way along Angle Road. Section 3. Assignability of Credits. SB FORT PIERCE ANGLE ROAD FDS, LLC may assign all or part of the Credits described in above to its successors in title and interest to the property described above. Such assignment shall be by recordable written instrument. Before the assignment is effective, a copy of the assignment shall be provided by SB FORT PIERCE ANGLE ROAD FDS, LLC to St. Lucie County, at the address set forth below and the original assignment shall be recorded in the Public Records of St. Lucie County: County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 Section 4. Recordability of Agreement. With copy to: County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 This Agreement shall be recorded by St. Lucie County in the Public Records of St. Lucie County and shall be binding upon SB FORT PIERCE ANGLE ROAD FDS, LLC and any successors in interest and title to the property described above. Section S. Termination of Agreement. This Agreement shall be effective until all of the Road Impact Fee Credits authorized herein have been consumed through the issuance of a building permit, or similar development approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Signed, sealed and delivered in the presence of: V91L 1 ATT 5T: ('�ajrty)UP Board of Co myommissi ers Deputy Clerk JSt. Lucie County, Florida STATE OF FLORIDA COUNTY OF ST. LUCIE APPROVED AS TO FORM AND CORRECTNESS County Attorne�C/Lt//ROAD P, FORT PIERCE A FDS, LLC Print Name: cru S Title: dta ks r BEFORE ME, the undersigned authority, personally appeared ri �1 and is authorized to sign and execute the above Agreement and that the representations above stated are true and correct to the best of his/her knowledge, information, and belief. He/she personally appeared before me, is personally known to me, or produced as identification. Sworn to and subscribed before me on this 17" day of October, 2017. Notary Public: mom My Commissio E spires: JUSTINEGALLMAN NotaryPudlic- StateofFlvrida a Comm! ssion 4 GG 000069 a` My Comm. Expires Mar 6, 2021 9j, oc eondMthrough National Notary Assn. 7. LEGAL AND SKETCH OF DESCRIPTION FOR ANGLE ROAD RIGHT OF WAY DEDICATION AREA LEGAL DESCR/01'10N A PARCEL OF LAND L Y1NG 1N THE NORTH 112 OF THE NORTHWEST 114 OF SECTION 8 TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARL YDESCRISEDAS FOLLOWS.- COMMENCE OLLOWSCOMMENCE AT THE END OF SURVEY BASE UNESTATION 135*71.38'FORS7ATE ROAD 697A (ANGLE ROAD), AS RECORDED IN PLAT BOOK 22 PAGE 4 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FL ORIDA, ON THE NORTH LINE OF SAID SECTION 8, THENCE SOUTH 89 °57'03"EAST, FOR 68.44 FEETTHENCE SOUTH 43'0109" EAST, AL ONO THE NORTHFRL Y EXTENSION OF THE EASTERL Y RIGHT OF WA Y LINE OF ANGLE ROAD & THE EASTERL Y RIGHT OF WAY LINE OFANGLEROAD FOR 438.79 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE CONTINUE SOUTH430109"EAST FOR301.56 FEET TO THE BEGINNING OFA CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 196006 FEET A CENTRAL ANGLE OF03 3136, A CHORD BEARING OF SOUTH 41 °1521"EAST AND A CHORD DISTANCE OF 120.65 FEET, THENCE SOUTHEASTERLY ALONG THEARC OF SAID CURVE, A DISTANCE OF 120 65 FEET' TOA POINT ON THE NORTH RIGHT OF WA Y LINE OFAVENUE D,- THENCE NORTH 75°5333"EAST TO A POINTON THEARC OFA CIRCULAR CURVE CONCAVE TO THE SOUTHWEST TO WHICH A RADIAL LINE BEARS SOUTH 50'4541" WEST TO CENTER OF SAID CURVE, HAVINGA RADIUS OF 197858 FEET A CENTRAL ANGLE OF 034650", A CHORD BEARING OFNORTH 41 -0744 -WEST ANDA CHORD DISTANCEOF 130.53FEET THENCE RUNNORTHWESTERLY ALONG THEARC OF SAID CURVE, A DISTANCE OF 130.56 FEET TO A POINT OF TANGENCY,' THENCE NORTH 4301 09" WEST A DISTANCE OF284.27 FEET, THENCE NORTH 89°57'03" WEST ADISTANCE OF 25.32 FEET TO THE POINT OFBEGINNING. CONTAINING: %743.20 SJUAREFEET. -POINT OF COMMENCEMENT STA: 135 * 71.36' PLAT BOOK 22, PAGE 4 ST LUCIE COUNTY RECORDS —68,44' S8937D3 E NORTH R SCALE. I" = 100' NORTHAEST 1/4 OF SECTION 8 - 35 - 40 METZGER ROAD S89 57 03 E 897.00' OF BEGINNING 9'57 03'W 25.J2' ?m UNPLA TIED LANDS FA MIL Y DOLLAR SITE 20.46' C-1 R=1960.08' !=120.65' D=033136' o A VENUE CNB= S4175 21 E CH=120, 65' R C-1 8=1978.58' L=1.30.56' D=03 46'50' <\ CHB—N41V7'44'W CH=130.53' .,a