HomeMy WebLinkAbout2019-002 - STRUCTURED REA-FT. PIERCE, LLC (Camping World)JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4577760 06/06/2019 11:33:32 AM
OR BOOK 4279 PAGE 2368 - 2376 Doc Type: AGR
RECORDING: $78.00
RIF 2019-02
ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN
ST. LUCIE COUNTY BOARD OF COUNTY
COMMISSIONERS AND STRUCTURED REA-FT. PIERCE,
LLC IN CONSIDERATION FOR THE DONATION OF
CERTAIN RIGHT-OF-WAY ALONG JENKINS ROAD
THIS AGREEMENT is made and entered into as of the 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 STRUCTURED REA-FT. PIERCE, LLC, an
Arizona limited liability company, hereinafter referred to as "Structured".
WITNESSETH
WHEREAS, on or about February 26, 2018, Spec Ft. Pierce, LLC submitted a request
for site plan approval and conditional use to the City of Fort Pierce (the "City") for a project
referred to as Camping World, and
WHEREAS, as part of its development review, St. Lucie County required a forty (40)
foot right of way dedication for Jenkins Road for future expansion; and
WHEREAS, the property which was the subject of the site plan application was
subsequently conveyed to Structured, which has obtained City approval for a plat called
"Camping World," the legal description of which is set forth in Exhibit "A", attached hereto and
made a part hereof (the "Platted Lands"); and
WHEREAS, Structured has delivered to St. Lucie County a deed conveying forty (40)
feet of property fronting on Jenkins Road (a County roadway) for additional right-of-way needs
associated with the future expansion of Jenkins Road, which property, a copy of which deed is
attached hereto and made a part hereof as Exhibit "B"; 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, Jenkins Road is identified in the St. Lucie County Comprehensive Plan;
and,
WHEREAS, the County's Comprehensive Plan identifies a future need for capacity
expansion improvements to be made to Jenkins Road in order to accommodate future growth as
set forth in the St. Lucie County Comprehensive Plan; and,
02400886.v2
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:
$15,750.52
WHEREAS, Structured is desirous of establishing the general method and amount of
Credit that Structured 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:
1. Incorporation by Reference. The above recitals are true and correct and are made a part
of this Agreement by reference.
2. Amount of Impact Fee Credit. Structured is entitled to a credit against St. Lucie County
Roads Impact Fees in the amount of Fifteen Thousand, Seven Hundred Fifty Dollars and
52/100 ($15,750.52), 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 Jenkins
Road.
3. Limitation of Credit. The credit established by this agreement is limited solely to the
Platted Lands, which may subsequently be described as:
Plat of Camping World, as recorded in PB 80, Pages 7-9, of the Public Records of St
Lucie County, Florida, excepting those lands for the right-of-way of Jenkins road
identified on the Plat as Tract 4.
Parcel ID Nos.: 2313-434-0001-000-7
2313-431-0000-000-1
2313-443-0000-000-8
2313-441-0000-000-2
2313-444-0040-000-3
and, is not transferable to any other property owned by Structured. 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.
4. Assignability of Credits. Structured 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 Structured 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:
2
02400886.v2
County Administrator With copy to: County Attorney
2300 Virginia Avenue 2300 Virginia Avenue
Fort Pierce, Florida 34982 Fort Pierce, Florida 34982
Recordability of Agreement. This Agreement shall be recorded by St. Lucie County in
the Public Records of St. Lucie County and shall be binding upon Structured and any
successors in interest and title to the property described in Section 3 above.
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:
Deputy Cler
02400886.v2
ST. LUCIE COUNTY BOARD OF
COUNTY COMMISSIONERS
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Chair
APPROVED AS TO FORM AND
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Witnesses
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STATE OF
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STRUCTURED REA - FT. PIERCE, LLC,
an Arizona limited liability company
By: STRUCTURED REA — FT. PIERCE
MANAGER, LLC, an Arizona limited
liability company, its Manager
By: J4�' ,
StephenlboyleA 701
BEFORE ME, the undersigned authority, personally appeared STEPHEN DOYLE, as
Manager of STRUCTURED REA — FT. PIERCE MANAGER, LLC, an Arizona limited liability
company, the Manager of STRUCTURED REA-FT. PIERCE, LLC, an Arizona limited liability
company, and is authorized to sign and executed 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
6� as identification.
Sworn to and subscribed before me on this day of >r i , 2019.
R n
Y
��OTARY PU LIC
My Commission Expires:
IM&
AL
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OF ILLINOIS
3-27.2023
02400886.v2
EXHIBIT "A"
Le al Descri 4ion of Platted Lands
A PARCEL OF LAND LYING IN SECTION 13, TOWNSHIP 35 SOUTH, RANGE 39 EAST,
ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF
JENKINS ROAD (A VARIABLE WIDTH RIGHT-OF-WAY) AND THE NORTHERLY
RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER DRAINAGE DISTRICT CANAL
NO. 37 (AN 85-FOOT-WIDE RIGHT-OF-WAY) SAID POINT BEING 46.00 FEET WEST OF
THE EAST LINE OF SAID SECTION 13 AND 42.50 FEET NORTH OF THE SOUTH LINE
OF SAID SECTION 13, THENCE SOUTH 89° 16'57" WEST, ALONG SAID NORTH RIGHT-
OF-WAY LINE A DISTANCE OF 1616.67 FEET TO THE EASTERLY RIGHT-OF-WAY
LINE OF INTERSTATE 95 (A 324 FOOT RIGHT-OF-WAY AS SHOWN ON DOT RIGHT-
OF-WAY MAP SECTION 494001-2404 PLAT BOOK 23, PAGE 19B); THENCE NORTH
00019'05" WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF
1188.73 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GRAHAM ROAD (A
VARIABLE WIDTH RIGHT-OF-WAY AS SHOWN ON DOT RIGHT-OF-WAY MAP
SECTION #94001-2404 PLAT BOOK 23, PAGE 19B); THENCE ALONG SAID
SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING THREE COURSES: NORTH
89031'50" EAST, A DISTANCE OF 561.06 FEET; THENCE NORTH 80°04'06" EAST, A
DISTANCE OF 304.14 FEET; THENCE NORTH 89°31'50" EAST, A DISTANCE OF 753.94
FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF SAID JENKINS ROAD; THENCE
SOUTH 00024'08" EAST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE SAID LINE
IS 46.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SECTION 13 A
DISTANCE OF 1231.72 FEET TO THE POINT OF BEGINNING.
CONTAINING 45.00 ACRES, MORE OR LESS.
ALSO DESCRIBED AS:
THOSE LANDS DEPICTED ON THE CAMPING WORLD PLAT, RECORDED IN PLAT
BOOK 80, PAGES 7-9, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
02400886.v2
pyhihit "n"
PREPARED BY:
Dennis G. Carrick, Esq.
Dean, Mead, Minton & Zwemer
1903 S. 25 h Street, Suite 200
Fort Pierce, FL 34947
RETURN TO:
Property Acquisition Division
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
RIGHT-OF-WAY DEED
THIS DEED, executed effective as of the day of 2019 by
STRUCTURED REA-FT. PIERCE, LLC, an Arizona limited liability company, whose address is 171 N.
Aberdeen St., Suite 400, Chicago, IL 60607, hereinafter called the Grantor, to ST. LUCIE
COUNTY, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue,
Fort Pierce, Florida 34982, hereinafter called the Grantee:
(Wherever used herein the terms "Grantor" and "Grantee' include all the parties to this
instrument and the heirs, legal representatives, and assigns of individuals, and the successors
and assigns of corporations, wherever the context so admits or requires).
WITNESSETH, That the said Grantor, for and in consideration of the sum of $1.00 in
hand paid by the said Grantee, the receipt whereof is hereby acknowledged, hereby grants,
bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee forever, all that
certain land, situate, lying and being in the County of St. Lucie County, State of Florida, to wit:
SEE ATTACHED EXHIBIT "A"
THIS DEED IS INTENDED TO CONVEY ADDITIONAL
RIGHT-OF-WAY FOR JENKINS ROAD.
Parcel Nos. 2313-441-0000-000.2 and 2313-444-0040-000.3 (Portions)
Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's
homestead within the meaning set forth in the constitution of the state of Florida, nor is it
contiguous to of a part of homestead property.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging
or in anywise appertaining.
1
02164324.0
TO HAVE AND TO HOLD the same in fee simple forever.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day
and year first above written.
Signed, sealed and delivered
in our presence as witnesses:
STATE OF FLORIDA
COUNTY OF ST. LUCIE
GRANTOR:
STRUCTURED REA-FT. PIERCE, LLC an Arizona
limited liability company
By: STRUCTURED REA-FT. PIERCE MANAGER,
LLC, an Arizona limited liability company, its
Manager
By: 4&
Stephen Do (e, ` Manager
The foregoing instrument was acknowledged before me this day of
�ardh 1 2019, by STEPHEN DOYLE as Manager of STRUCTURED REA-FT. PIERCE
MANAGER, LLC, an Arizona limited liability company, as Manager of STRUCTURED REA-FT.
PIERCE, LLC, an Arizona limited liability company, on its behalf, who is c.)ersonallv_known to me,
or who has produced as identification.
LINDA M BRIGLIA
Commission # FF 899597
b' Expires September 1, 2019
[NOTARY - ' Bond TMu Trey rain Yaww" 80G306T019
2
02164324.0
NOTARY PUBLIC
NOTE:
DESCRIPTION NOT
VALID WITHOUT
SKETCH.
THIS IS NOT A SURVEY
DESCRIPTION:
THE WEST 40.00 FEET OF THE EAST 86.00 FEET OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP. 35 SOUTH, RANGE 39 EAST, ST. LUCIE.
COUNTY FLORIDA.
LESS AND EXCEPT THE SOUTH 42.50 FEET OF SAID SECTION 13 FOR NORTH SAINT LUCIE RIVER
DRAINAGE CONTROL DISTRICT CANAL NUMBER 37.
ALSO LESS AND EXCEPT THE NORTH 50.00 FEET OF SAID EAST ONE-HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13 FOR THE RIGHT-OF-WAY FOR GRAHAM ROAD.
CONTAINING 49272.45 SQUARE FEET (1.13 ACRES) MORE OR LESS.
IVII _r/ACL 1. UVVC.IV
PROFESSIONAL SURVEYOR & MAPPER
FLORIDA REGISTRATION #5556
SKETCH & DESCRIPTION OF PORT SAINT LUCIE OFFICE
RIGHT-OF-WAY DEDICATION 10250 SW VILLAGE PARKWAY
SUITE 201
4
PREPARED FOR: PORT SAINT LUCIE, FL 34987
n 772-462-2455 ENGINEERS Q SURVEYORS
CAMPING WORLD �0' vNvo.edc-inc.corn ENVIRONMENTAL SHEET
F.B.P.E, CERTIFICATE OF AUTHORIZATION 9935
L.B. CERTIFICATE OF AUTHORIZATION 8098 1 OF 2
REVISIONS
JOB No. :16-342-2 DATE:7/13/2018 cFIELD BOOK: N/A CHECKED BY: MTO
SCALE : 1"=40' DRAWN BY: SPT PAGE:N/A CADD FILE : 16-342-2 ROW.dwg
THIS IS NOT A SURVEY
INTENDED DISPLAY SCALE
0 40
Scale in feet
1 Inch = 40 Feet
ABBREVIATION LEGEND
G R A H A M R 0 A D
50' RIGHT-OF-WAY
a
I
o
C
THE WEST 40.00' OF THE EAST
86.00 FEET OF THE EAST 1/2
OF THE SOUTHEAST 1 /4 OF THE
SOUTHEAST 1/4 OF SECTION 13
P.O.C. POINT OF COMMENCEMENT
P.0.B. POINT OF BEGINNING
P.O.T. POINT OF TERMINUS
O.R.B. OFFICIAL RECORD BOOK
P.B. PLAT BOOK
PG. PAGE
R/W RIGHT OF WAY
q CENTER LINE
S/D SUBDIVISION
NOTES: -
1.BEARINGS SHOWN HEREON ARE RELATIVE TO
THE PLAT OF SOUTHERN GROVE PLAT NO.
14 AND BASED ON THE LINE LABELED
HEREON AS (BEARING BASIS); ALL OTHER
BEARINGS ARE RELATIVE THERETO.
2. THIS SKETCH AND DESCRIPTION IS FOR THE
EXCLUSIVE PURPOSE OF DESCRIBING THE
PARCEL OR STRIP OF LAND SHOWN AND IS
NOT A BOUNDARY SURVEY.
46.00'
40.0
EAST 86.00'
WEST
40.00'
40.00' 46.0041
N
NORTH ST LUCIE RIVER o
DRAINAGE DISTRICT
CANAL NO. 37
85' RIGHT-OF-WAY
13L18
24T19
SKETCH & DESCRIPTION OF.- IPORT SAINT LUCIE OFFICE
RIGHT-OF-WAY DEDICATION 10250 SW VILLAGE PARKWAY
SUITE 201
PREPARED FOR: PORT SAINT LUCIE, FL 34987
c^-772-462-2455 ENGINEERS Q SURVEYORS
CAMPING WORLD u www.edc-inacom ENVIRONMENTAL
SHEET
F.B.P.E. CERTIFICATE OF AUTHORIZATION 8935
L.B. CERTIFICATE OF AUTHORIZATION 8098 2 OF 2
REVISIONS
JOB No. :16-342-2 DATE:7/13/2018 FIELD BOOK: N/A CHECKED BY: MTO
SCALE : 1"=40' DRAWN BY: SPT PAGE: N/A CADD FILE : 16-342-2 ROW.dwg