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Home My WebLink About2019-001 Robert L. Snowe d/b/a American Concrete IndustriesRIF 2019-01 ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS AND ROBERT L. SNOWE D/B/A AMERICAN CONCRETE INDUSTRIES IN CONSIDERATION FOR THE DONATION OF CERTAIN RIGHT-OF- WAY ALONG ROCK ROAD THIS AGREEMENT is made and entered into as of this 2"d day of APRIL, 2019, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "St. Lucie County" and ROBERT L. SNOWE d/b/a AMERICAN CONCRETE INDUSTRIES hereinafter referred to as "ACI". WITNESSETH WHEREAS, on January 16, 2018, ACI, received approval from the Planning and Development Services Director for a Major Adjustment to an existing Minor Site Plan for the ACI property described below: 1135 39 BEG AT SE COR OF NW 1/40F NE 1/4 RUN S 89 DEG 49 MIN 03SEC W ALG S LI OF SD NW 1/4 OF NE 1/4 1368.32 FT TO E R/W OF ROCK RD, TH N 00 DEG 07 MIN 28 SEC W ALG SDER/W315.74FT, THS89DEG 36MIN 20SEC E1369FTTOELIOFSDNW1/4OFNE1/4, TH S 00 DEG 00 MIN 17 SEC E ALG SD E LI 320.81 FT TO POB (10.00 AC) (OR 775-2661) Parcel ID 2311-123-0001-000-6 and, WHEREAS, PDS Order No. 2018-003, required ACI convey to St. Lucie County, 10' of road right-of-way, as further described in the attached Exhibit "A" (the "Dedication"), along Rock Road (a County roadway) street frontage for additional right-of-way needs associated with the future expansion of Rock Road; and, WHEREAS, on January 22, 2019, ACI dedicated to St. Lucie County 10' of road right-of-way on Rock Road 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, Section 24-264(c) of the St. Lucie County Code of Ordinances provides for the County Commission to consider the granting of credits for the donation of non -site related right-of-way along those roadways that meet a transportation capital need as identified in the County's Comprehensive Plan or in the County Metropolitan Planning Organization Roads Impact Fee Eligibility Networks; and, WHEREAS, Rock Road is identified in the St. Lucie County Comprehensive Plan, and; JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4558130 04/2412019 04:12:10 PM OR BOOK 4260 PAGE 462 - 467 Doc Type: AGR RECORDING: $52.50 RIF 2019-01 Page 1 WHEREAS, the County's Comprehensive Plan identifies a future need for capacity expansion improvements to be made to Rock Road in order to accommodate future growth as set forth in the St. Lucie County Comprehensive Plan; and, WHEREAS, based upon the provisions of Section 24-264(c) of the Code of Ordinances of St. Lucie County, the value of the right-of-way donation, including reasonable costs associated with the conveyance of the right-of-way property to the County, that is eligible for consideration of Road Impact Fee Credit is: $3,693.25 WHEREAS, ACI is desirous of establishing the general method and amount of Credit that ACI shall be entitled to for value and costs associated with 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. ACI is entitled to a credit against St. Lucie County Roads Impact Fees in the amount of Three thousand six hundred ninety three dollars and 25/100 ($3,693.25), under the criteria set forth in Section 24-264(c) of the Code of Ordinances of St. Lucie County for the donation of certain right-of-way along Rock Road. Section 3. Limitation of Credit. The credit established by this agreement is limited solely to the property described below: it 35 39 BEG AT SE COR OF NW 1/40F NE 1/4 RUN S 89 DEG 49 MIN 03SEC W ALG S LI OF SD NW 1/4 OF NE 1/41368.32 FT TO E R/W OF ROCK RD, TH N 00 DEG 07 MIN 28 SEC W ALG SD E R/W 315.74 FT, TH S 89 DEG 36 MIN 20 SEC E 1369 FTTO E LI OF SD NW 1/4 OF NE 1/4, TH S 00 DEG 00 MIN 17 SEC E ALG SD E LI 320.81 FT TO POB (10.00 AC) (OR 775-2661) Parcel ID 2311-123-0001-000-6 and, is not transferable to any other property owned by ACI. The credit granted through this agreement may only be applied against the required Roads Impact Fees to be collected from this site and shall not be transferable as a credit against other impact fees imposed for purposes other than roads. RIF 2019-01 Page 2 'Section 4. Assignability of Credits. ACI may assign all or part of the Credits described in Section 2 above to its successors in title and interest to the property described in Section 3 above. Such assignment shall be by recordable written instrument. Before the assignment is effective, a copy of the assignment shall be provided by ACI 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 S. 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 ACI and any successors in interest and title to the property described in Section 3 above. Section 6. Termination of Agreement. This Agreement shall be effective until all of the Road Impact Fee Credits authorized 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: ATTEST: � ), ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS B: e_-at� joa-X404� — VIC rair a, APPROVED FORM AND CORRECTNESS County Attor RIF 2019-01 Page 3 Witness: fflarm, i STATE OF FLORIDA COUNTY OF ST. LUCIE Robert L. Snowe d/b/a American Concrete Industries BEFORE ME, the undersigned authority, personally appeared Robert L. Snowe d/b/a American Concrete Industries, 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 knowledge, information, and belief. He personally appeared before me, is personally known to me, or produced as identification. Sworn to and subscribed before me on this " " day of V1 2019. NOTARY PUBLIC My Commission Expires: <��P••., CONNIE SUE MOORE Commission # GG 052599 =;; o Expires April 4, 2021 Bonded Thra Troy Fain Insurance 800-385.1019 RIF 2019-01 Page 4 LEGAL DESCRIPTION A PARCEL OF LAND FOR RIGHT OF WAY DEDICATION LYING IN A PORTION OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 11, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, SAID PARCEL OF LAND FOR RIGHT OF WAY DEDICATION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 11, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 89049'03" WEST, ALONG THE SOUTH LINE OF THE SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4, A DISTANCE OF 1368.32 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF ROCK ROAD, SAID POINT BEING 25 FEET EAST OF THE WEST LINE OF THE NORTHWEST 1/ 4 OF THE NORTHEAST 1/4 OF SAID SECTION 11 AND THE POINT OF BEGINNING; THENCE NORTH 00007'28" WEST ALONG THE EAST RIGHT OF WAY LINE OF ROCK ROAD, SAID LINE BEING 25 FEET EAST OF AND PARALLEL TO THE SAID WEST LINE OF NORTHWEST 1/4 OF THE NORTHEAST 1/4, A DISTANCE OF 315.74 FEET; THENCE NORTH 89036'20" EAST DEPARTING SAID RIGHT OF WAY LINE, A DISTANCE OF 10.00 FEET; THENCE SOUTH 00007' 28" EAST, A DISTANCE OF 315.78 FEET, THENCE SOUTH 89049'03" WEST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID RIGHT OF WAY PARCEL CONTAINING WITHIN SAID BOUNDS 3,158 SQUARE FEET (0.072 ACRES) MORE OR LESS. DRAWN 8Y: 70BNo.: AVPZVE5Bh 17-060 R. KEMERSON N/A SHEET: 1 OF 2 08/22/18 FIELD 800MAGES PAGE 1 OF 2 NOT VALID WITHOUT PAGE 2 OF 2 VELCON GROUP, INC. RIGHT OF WAY DEDICATION ENGINEERS S SURVEYORS V S.I- CERTIFICATE OFAUTHORIZATION NO. LB 4942 LEGAL DESCRIPTION 702S.W. VCIE,ORT F. RIDAUCIE BLVD. PORT ST. LVQE, F ORIDA 34953 PHONE (772) 879-0477 (772) B71-6659 Web Sitc, www. I...9—P— BY: DATE: REVISIONS N 89°36'20" E 10.00, UNPLATTED LANDS —10' R/W DEDICATION (3,158 SF, 0.072 ACRESt) z f Z Z � �I 3 w °C N V) v \ w z r' =I H � w LL O 3 Z W o � �° z �M N° co w 3 H N N w Q O O F- m O O Z tf) z O u w W Z w LL O 0 t Z J 30 zuj LU LLZ O:) w z N W W S F- S 89°49'03" W THE SE COP OF THE 10.00, NW 1/4 OF THE NE 1/4 THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE,NORTHEA5T 1/4 SECTION 3 TWP 355 ,i RANGE 39E � pOC 5 89049'03" W 1368.32' r UNPLATTED LANDS LEGEND ac. = ACRES COR =CORNER POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT P/W = RIGHT OF WAY sf. = SQUARE FEET TWP = TOWNSHIP SKETCH OF DESCRIPTION BEARINGS SHOWN HEREON ARE REFERENCED TO THE EAST RIGHT OF WAY LINE OF ROCK ROAD, SAID BEARING BEING N 00°07'28" W. ALL OTHER BEARINGS ARE RELATIVE THERETO. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER NOT VALID WITHOUT PAGE 1 OF 2 THIS I5 NOT A BOUNDARY SURVEY. ROBERT F. KEMERSON PROFE55IONAL SURVEYOR AND MAPPER STATE OF FLORIDA # 6285 DRAWN BY: JOB No.: BK VELCON GROUP, INC. 17-060 R._KEMERSON RIGHT OF WAY DEDICATION ENGINEERS &SURVEYORS SCALE: CERTIFICATE OF AUTHORIZATION NO. LB 4942 V = 60' _ _ SKETCH OF DESCRIPTION 7D2 5.w. PORT ST. LUCIE BLVD. SHEET: DATE: PORT ST. LUCIE, FLORIDA 34953 NE (772) 879-0477 (772) 871-6659 2 OF 2 F:ELD BOOK/PPAGES PHONE Site www..1-9-up—. t - �.,, BY: DATE: REVI5IONS