HomeMy WebLinkAboutRiverland/Kennedy, LLC - Settlement Agreement Including Impact Fee Credit Agreement - 08EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
FILE # 3173427 OR BOOK 2942 PAGE 911, Recorded 02/27/2008 at 08:49 AM
-L
C08-02-660
SETTLEMENT AGREEMENT INCLUDING
IMPACT FEE CREDIT AGREEMENT
THIS Settlement Agreement Including Impact Fee Credit Agreement
("Agreement") is made and entered into as of this JVh day of,-
i� ce. _ 2008,
by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision the State
of Florida, hereinafter referred to as "County" and Riverland/Kennedy, LLP, its
successors and assigns.
WITNESSETH:
WHEREAS, Riverland/Kennedy, LLP (hereinafter referred to as the
"Development Entity") is the original developer of the following approved Development
of Regional Impact, as may be amended from time to time: Riverland/Kennedy
(hereinafter the "Community"), which Community encompasses that land legally
described on Exhibit "A" hereto; and
WHEREAS, as part of the Community, the Development Entity (directly or
through community development districts and/or special assessment districts) has
constructed or caused to be constructed roads, funded or caused to be funded the
construction of roads (via payments to the State of Florida and/or other appropriate
governmental agencies), dedicated or caused to be dedicated rights -of -way to appropriate
government agencies, and will be building or cause to be built additional public roads,
will be funding or cause to be funded additional public roads, as detailed on Exhibits " B-
1" and "13-2" hereto (hereinafter the "Road Improvements"); and has dedicated or will be
dedicating or cause to be dedicated certain lands for parks as detailed on Exhibit "C"
hereto (hereinafter the 'Park Improvements"); and
WHEREAS, as part of the Community, the Development Entity (directly or
through community development districts and/or special assessment districts) has
constructed or caused to be constructed or will construct numerous roads which will
operate as arterials or major collectors. These improvements will substantially enhance
the transportation networks of the City of Port St. Lucie and St. Lucie County, as
depicted on Exhibit "D" hereto. Such improvements are unique in that they represent a
substantial enhancement of the network by adding to the transportation grid rather than
merely adding capacity to existing roadways; and
WHEREAS, the County has adopted its Roads Impact Fee Ordinance codified
beginning at Section 1-17-25 as amended ("Roads Impact Fees"), and its Parks Impact
Fee Ordinance codified beginning at Section 1-15-31 as amended ("Parks Impact Fees"),
of the Code of Ordinances, County of St. Lucie, Florida (collectively, the "Impact Fee
Ordinances"), and said Ordinances provide for impact fee credits for, inter alia, the
construction, funding or dedication of certain public infrastructure; and
WHEREAS, the County has adopted Ordinance No. 06-47, which allows the
County to grant road impact fee credits for road improvements that benefit the impacted
transportation system in the County; and
OR BOOK 2942 PAGE 912
s
WHEREAS, the County has determined that the Road Improvements and Park
Improvements, as and when provided, are eligible for impact fee credits under the
respective Impact Fee Ordinances; and the County has analyzed the Western Annexation
Traffic Study and employed traffic engineers, and concluded that the internal roadway
network for the Western Annexation Area will have 31% excess capacity compared to
the traffic impacts of the entities constructing said internal road network, including the
Community;
WHEREAS, the County and the Development Entity have agreed to enter into
this Agreement, to memorialize the determination of credits which shall be applied as
necessary to satisfy County impact fees for the dedication of land and/or construction
(including payments to a governmental authority performing construction) of roads and
parks, as detailed on Exhibits "B-1", `B-2", and "C" respectively, and the County
acknowledges and agrees that the Development Entity should receive impact fee credits
for said projects under the applicable impact fee ordinances; and
WHEREAS, this Agreement resolves the issues related to the objections that the
Development Entity has or may have had as to the primary validation action instituted by
the County; and a separate agreement shall be entered withdrawing any objection to the
validation, with each party bearing its own fees and costs, and with said agreement
providing that if all or any portion of this Agreement is later determined to be void or
invalid by a court of law (and the County agrees that it will not file such an action, nor
solicit or encourage any third party to file such an action, nor assist in the filing or
prosecution of such an action, and the County agrees that it will actively oppose and
defend against any lawsuit seeking such a determination), that the Development Entity
shall have the option of challenging the County's Impact Fee Ordinances, except as to the
County's ability to collect impact fees from the Development Entity within the
Community and within the boundaries of the City of Port St. Lucie, notwithstanding the
purported existence of a conflict between the Impact Fee Ordinances of the County and
the ordinances of the City of Port St. Lucie;
NOW, THEREFORE, in consideration of the mutual covenants entered into
between the parties hereto, 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 Credit.
A. The County agrees to grant Roads Impact Fee credits to the Development
Entity in the amount of S13,742,500.00 for the payments made ($22,500,000.00) for the
Road Improvements constructed or to be constructed as set forth on Exhibit " B-1" hereto,
which amount is based upon 71.3 % of the cost to construct such improvements, except
48.3% as to the cost of the future interchange between Becker Road and Gatlin. The
County further agrees that the Development Entity will be granted a Roads Impact Fee
OR BOOK 2942 PAGE 913
credit in the amount of 31% of the cost of those projects listed on Exhibit `B-2" hereto
per road link shown on Exhibit B-2 or any portion thereof, upon completion of the
construction by the Development Entity or by any community development district or
special assessment district which encompasses all or any portion of the Community or
upon funding the construction through payments to the appropriate governmental agency,
or donation of the right-of-way, as applicable (determined on a road segment by road
segment basis as portions of such projects are developed) which amount is to be based
upon the allocated cost of the Development Entity's agreed upon share of the cost to
construct such improvements or dedicate road right-of-way, and 31% (representing the
portion of the right-of-way deemed to be non -site related) of the value of the right-of-way
listed on Exhibit B-2 hereto (to the extent said right-of-way is located within the property
described on Exhibit A), as said value is determined as set forth herein. The amount of
the credit to be received for non -site related right-of-way dedication relative to the
projects listed on Exhibit B-2 is to be credited at the time of said dedication, with the
amount of said credit being determined by either 120% of the most recent assessed value
of the St. Lucie County Property Appraiser of such land immediately prior to such
dedication (without regard to any homestead or agricultural exemption), or at the
Development Entity's option and consistent with the provisions of the Impact Fee
Ordinances, the appraised value of such property. The determination of cost of the Road
Improvements for the credit due for the construction of Road Improvements shall be
based upon the actual engineering and construction costs incurred to construct each such
segment of the Road Improvements. The Development Entity shall be responsible for the
submittal of the necessary documentation to establish the extent of credit due.
i. If the developers of the Southern Grove, Western Grove and/or the Wilson
Groves Developments of Regional Impact enter into an agreement with Development
Entity to share the costs of one or more of the road segments listed on Exhibit `B-2"
hereto, then the impact fee credit to be granted by the County will be allocated between
the entities which have agreed to share in the costs based upon the respective percentages
of the cost borne or otherwise funded by said entities (directly or through community
development districts and/or special assessment districts). However, no credit shall be
granted to the Southern Grove, Western Grove and/or the Wilson Groves Developments
of Regional Impact unless those entities have entered into an agreement with the County
for the provision of the improvements and the award of credits. By way of example, if
road project A is listed on Exhibit "B-2" hereof (and thus impact fee credits would be
31 % of the cost thereof}, and 75% of the cost of that road project A is to be paid by
Development Entity and 25% of the cost of that road project A is to be paid by the
developers of the Southern Grove, Western Grove and/or the Wilson Groves
Developments of Regional Impact, then Development Entity's share of the cost to
construct such improvements is 75% of the cost of that road project A, and the impact fee
credit to which Development Entity is entitled is 75% of the 31% of the costs of road
project A (upon execution of an agreement with the County, the other aforementioned
developers shall be entitled to impact fee credit of the other 25% of the 31 % of the costs
of road project A.) if an agreement is reached between Development Entity and the
Southern Grove, Western Grove and/or the Wilson Groves Developments of Regional
Impact setting forth the final apportionment of the road costs among said developers,
OR BOOK 2942 PAGE 914
Development Entity will provide said agreement to the County. If the cost of a road
segment listed on Exhibit "B-2" is not shared between Development Entity and the
Southern Grove, Western Grove and/or the Wilson Groves Developments of Regional
Impact, then Development Entity shall receive the impact fee credit attributable to the
road segment that it paid for or otherwise funded (directly or through community
development districts and/or special assessment districts).
B. The County agrees to grant a Parks Impact Fee credit to Development
Entity for the conveyance of land and related improvements for the 100 acre park set
forth on Exhibit "C" hereto (which conveyance by Development Entity shall amount to
50 acres of the 100 acre park), to be credited at the time of said conveyance to the City,
with the amount of said credit being determined by either 120% of the most recent
assessed value of the St. Lucie County Property Appraiser of such land immediately prior
to such conveyance, or at the Development Entity's option and consistent with the
provisions of the Impact Fee Ordinances, the appraised value of such property. The
credit due for actual improvements, if any, shall be in accordance with the provisions of
the County's Parks Impact Fee Ordinance. Development Entity shall be responsible for
the submittal of the necessary documentation to establish the extent of credit due. This
provision shall not preclude Development Entity from seeking impact fee credits from the
County for other public parks not referenced on Exhibit "C" under applicable County
regulations.
C. The listing of a project or land dedication on any of the exhibits hereto
does not require the Development Entity to undertake said project or dedicate said
property; further, if projects or properties listed on the exhibits hereto are completed or
dedicated, but due to the Development Entity either having already satisfied the
applicable impact fees, or the Development Entity electing to not seek impact fee credits
for said project or property dedications, Development Entity is not prohibited from
seeking impact fee credits from other governmental entities relative to said projects or
properties. The schedule of projects listed on the exhibits hereto does not prohibit the
Development Entity from constructing or funding other projects, or dedicating or
conveying other lands, for which the Development Entity may seek impact fee credits
under the applicable County regulations.
Section 3. Limitation of Credit.
The credits established by this Agreement ("Credits") are available solely to
Roads Impact Fees and Parks Impact Fees of the County due from development on the
properties described in Exhibit "A." Such Credits shall not be transferable to any other
property in the County, except as provided in Section 4 of this Agreement. The Credits
contemplated by this Agreement may only be applied against the categories of impact
fees at issue, and shall not be transferable as a credit against other impact fees (i.e. excess
roads impact fee credits may not be applied to parks impact fees). The Credits may be
assigned by the Development Entity to any such other parties, as the Development Entity
may determine, for credit against Impact Fees due under the respective Impact Fee
OR BOOK 2942 PAGE 915
Ordinances imposed with respect to lands within the Community (and included within the
properties described in Exhibit "A").
Section 4. Assignability of Credit.
Any and all impact fee credits to which Development Entity is entitled may be
freely assigned to any successors in title and interest to Development Entity, including
any persons or entities that have previously purchased property from Development Entity
within the Community and as described in Exhibit "A" ("Assignment") and further in the
event that any of the improvements giving rise to such impact fee credits were, or in the
future are, financed by a community development district or special assessment district
either directly or through acquisition from Development Entity, said impact fee credits
shall be granted by County directly to such community development district or special
assessment district which geographic boundaries are within the area described in Exhibit
"A" per written direction from Development Entity ("Direction"). If a community
development district or special assessment district receives such a credit per this
Agreement, then said community development district or special assessment district is, in
turn, also entitled to freely assign said impact fee credits to any persons or entities which
own property within the area described in Exhibit "A" hereto. Any Assignment or
Direction is restricted to satisfy impact fees attributable to property physically located
within the Community and as described in Exhibit "A." Such Assignment or Direction
shall be by recordable written instrument. To the extent that any purchasers from the
Development Entity have already paid the impact fees attributable to the purchaser's
property and Development Entity has indemnified or otherwise agreed to reimburse said
entities for the payment of any impact fees, the County shall refund the impact fees, with
the party receiving the refund as determined by the Development Entity to either the
Development Entity or the party that originally paid the impact fees.
If the Development Entity has paid any impact fees relative to the Community,
and thereafter becomes entitled to impact fee credit(s) pursuant to this Agreement, the
County will reimburse to the Development Entity the impact fees paid (with said
reimbursement being limited to the amount of the impact fee credit(s)).
Before the Assignment or Direction referenced herein is effective, a copy of the
Assignment or Direction shall be provided by the Development Entity to the County at
the address set forth below:
County Administrator County Attorney
2300 Virginia Avenue 2300 Virginia Avenue
Fort Pierce, FL 34982 Fort Pierce, FL 34982
Section 5. Midway Road and Raneeline Road
As further consideration for this Agreement, Development Entity agrees to pay to
the County $998,678.00 ("Road Contribution) which represents Development Entity's
estimated proportionate share (as determined by the County) for the County's planned
OR BOOK 2942 PAGE 916
improvements to Midway Road and Rangeline Road. Notwithstanding that Development
Entity is entitled to the Roads Impact Fee Credits set forth in Section 2 of this
Agreement, Development Entity agrees to pay road impact fees for each building permit
applied for by Development Entity until it has applied for a sufficient number of building
permits that the road impact fees paid by Development Entity equal the amount of the
Road Contribution. Once Development Entity has paid road impact fees that equal the
amount of the Road Contribution, Development Entity's obligation to pay the Road
Contribution set forth in this Section 5 shall be satisfied and Development Entity shall be
entitled to receive the Roads Impact Fee Credits set forth in Section 2.
Section 6. Recordability of Agreement.
This Agreement shall be recorded by the County in the public records of St. Lucie
County.
Section 7, Requirement for Annual Reports.
In consideration of the issuance of the Impact Fee Credits provided for herein, the
Development Entity agrees to provide the County a detailed written report on the use of
the credit approved through this Agreement. The first of these reports for the year ending
December 31, 2008 shall be due on January 31, 2009, and shall then be due by the 31st
day of January ending each subsequent year. These reports shall be sent to the addresses
set forth below:
County Administrator County Attorney
2300 Virginia Avenue 2300 Virginia Avenue
Fort Pierce, FL 34982 Fort Pierce, FL 34982
[Signatures continued on following page]
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:
6
-►ARD OF COUNTY.
LUCIE C ,- RIDA
it s
OR BOOK 2942 PAGE 917
APPROVED AS TO FORM AND
COPJMCTNESS.
6
County Attorney
[Signatures continued on following page]
RIVERLANDIKENNEDY, LLP,
a Florida limited liability
partnership
By: TO NNNE Y GROVES,
L a Flo limited liability
G
By:
John CarterAICP ,
Vice President
By: ST. LUCIE ASSOCIATES IV,
LLLP, a Florida limited liability
limited partnership
By: ST. LUCIE IV
CORPO ON, a Florida
corpor Lion ' s gene
rart r
. _....._ By:
Larry Portno , Vice President
lu
OR BOOK 2942 PAGE 918
EXHIBIT "A"
LEGAL DESCRIPTION
The following is a legal description of the River] and/Kennedy development site.
TRACT 1
Being a parcel of land lying in Sections 18 and 19, Township 37 South, Range 39 East, St.
Lucie County, Florida, and being more particularly described as follows:
Commence at the intersection of the North line of Section 30, Township 37 South, Range 39
East and the East right-of-way line of State Road 609 as shown on the Florida Department of
Transportation right-of-way map dated November 5, 1964, and revised January 1965; thence
along said East right-of-way line North 00'08'30" East a distance of 5,299.86 feet to the point
of beginning; thence North 00'00'21" East along said East right-of-way a distance of 1,672.32
feet; thence South 89'50'39" East along a line that is parallel to and 23 feet Southerly of as
measured at right angles of the North line of those lands described in ,Official Records Book
477, Page 560, Public Records of St. Lucie County, Florida, a distance of 5,203.43 feet;
thence South 00'04'29" West a distance of 2,985.64 feet; thence North 89'48'47" West a
distance of 1,403.45 feet; thence North 00'10'23" East a distance of 1,316,04 feet; thence
North 89'53'48" West a distance of 3,800.22 feet to the point of beginning.
Being a parcel of land lying in Section 16 and 17, Township 37 South, Range 39 East, St.
Lucie County, Florida and being more particularly described as follows:
Commence at the intersection of the North line of Section 30, Township 37 South, Range
39 East and the East right-of-way line of State Road 609, as shown on the Florida
Department of Transportation right-of-way map dated 11/5/64 and revised January, 1965;
thence along said East right-of-way line North 00'08'30" East a distance of 5299.86 feet;
thence continue along said East right-of-way line North 00'0'21" East, a distance of 1695.32
feet; thence South 89'50'39" East along North line of those lands described in Official Record
Book 477, Page 560; Public Records, St. Lucie County, Florida, a distance of 10415.79 feet;
thence South 00'26'45" West, a distance of 23.00 feet to the Point of Beginning; thence
South 89'50'39" East, along a line parallel with and 23.00 feet Southerly of, as measured at
right angles, said North line, a distance of 325.77 feet; thence South 00'09'36" West, a
distance of 346.66 feet; thence North 89'34'48" West, a distance of 327.49 feet; thence North
00'26'45" East, a distance of 345.16 feet, to the Point of Beginning.
5-1
OR BOOK 2942 PAGE 919
TRACT 3
Being a parcel of land lying in Sections 15, 16, 21 and 22, Township 37 South, Range 39
East, St. Lucie County, Florida and being more particularly described as follows:
Commence at the intersection of the North line of Section 30, Township 37 South, Range 39
East and the East right-of-way line of State Road 609 as shown on the Florida Department of
Transportation right-of-way map dated November 5, 1964 and revised January 1965; thence
along said East right-of-way line North 00*08'30" East, a distance of 5,299.86 feet; thence
continue along said East right-of-way line North 00'0'21" East a distance of 1,695.32 feet;
thence South 89'50'39" East along the North line of those lands described in Official Records
Book 477, Page 560, Public Records of St. Lucie County, Florida, a distance of 13,054.71
feet; thence South 00'08'07" West a distance of 23.00 feet, to the point of beginning; thence
South 89'50'39" East along a line parallel with and 23.00 feet Southerly of said North line a
distance of 2,786.05 feet; thence South 00'03'59" West a distance of 2,981.70 feet; thence
North 89'52' 17" West a distance of 2,789.64 feet; thence North 00'08'07" East a distance of
2,983.03 feet to the point of beginning.
TRACT 4
Being a parcel of land lying in Sections 19, 20, 21, 22, Township 37 South, Range 39 East, St.
Lucie County, Florida, and being more particularly described as follows:
Commence at the intersection of the North line of Section 30, Township 37 South, Range 39
East and the East right-of-way line of State Road 609 as shown on the Florida Department of
Transportation right-of-way map dated November 5, 1964 and revised January 1965; thence
along said East right-of-way line North 00'08'30" East, a distance of 5,299.86 feet; thence
continue along said East right-of-way line North 00'0'21" East, a distance of 1,695.32 feet;
thence South 89'50'39" East along the North line of those lands described in Official Records
Book 477, Page 560, Public Records of St. Lucie County, Florida, a distance of 15,942.73 feet
to the Northeast corner of those lands described in Official Records Book 557, Page 676,
Public Records of St. Lucie County, Florida; thence South 00'05'34" West, along the East
line of those lands described in said Official Records Book 557, Page 676, a distance of
4,326.38 feet; thence North 89'49'45" West, a distance of 100.00 feet, to the point of
beginning; thence South 00'03'59" West, a distance of 2,663.35 feet; thence North 89'51'58"
West, a distance of 1,216.64 feet; thence North 46°07'25" West, a distance of 348.56 feet;
thence North 89'51'58" West, a distance of 323.58 feet; thence South 45'44'22" West, a
distance of 344.49 feet; thence North 89'51'58" West, a distance of 809.89 feet; thence North
89°49'36" West, a distance of 2,513.26 feet to the Southwest corner of said Section 21 and
the Northeast corner of Alan Wilson Grove as recorded in Plat Book 12, Page 50, Public
Records of St. Lucie County, Florida; thence North 89`51'07" West, along the South line of
those lands described in said Official Records Book 477, Page 560, a distance of 2,644.43 feet;
5-2
OR BOOK 2942 PAGE 920
thence North 89'53'37" West along said South line, a distance of 2,643.99 feet; thence North
89'45'07' West, along said South line, a distance of 496.49 feet; thence North 00°04'55"
East, a distance of 1,362.59 feet; thence South 89'46'09" East, a distance of 3,175.72 feet;
thence North 00'10'32" East, a distance of 1,309.15 feet; thence South 89`49'45" East, a
distance of 7,967.68 feet to the point of beginning.
TRACT 5
Being a parcel of land lying in Section 28, Township 37 South, Range 39 East, St. Lucie
County, Florida, being more particularly described as follows:
Commence at the intersection of the North line of Section 30, Township 37 South, Range 39
East and the East right -of --way line of State Road 609 as shown on the Florida Department of
Transportation right-of-way map dated November 5, 1964 and revised January 1965; thence
along said East right-of-way line, North 00'08'30' East, a distance of 5,299.86 feet; thence
continue along said East right-of-way line North 00°0'21" East, a distance of 1,695.32 feet;
thence South 89'50'39" East, along the North line of those lands described in Official Records
Book 477, Page 560, Public Records of St. Lucie County, Florida, a distance of 15,942.73
feet; thence South 00'5'34" West along the East line of those lands described in Official
Records Book 557, Page 676, Public Records of St. Lucie County, Florida, a distance of
7,589.65 feet; thence South 89'59'09" West, a distance of 98.50 feet to the point of
beginning; thence South 00'03'59" West, a distance of 2,001.74 feet; thence North 89'51'37"
West a distance of 2,600.04 feet; thence North 00°05'22" East, a distance of 1,994.75 feet-,
thence North 89`59`09" East, a distance of 2,599.23 feet to the point of beginning.
TRACT 6
Being a parcel of land lying in Section 33, Township 37 South, Range 39 East, St. Lucie
County, Florida, and being more particularly described as follows:
Commence at the intersection of the North line of Section 30, Township 37 South, Range 39
East and the East right-of-way line of State Road 609 as shown on the Florida Department of
Transportation right-of-way map dated November 5, 1964 and revised January 1965; thence,
along said East right-of-way line, North 00'08'30" East, a distance of 5,299.86 feet; thence
continue along said East right-of-way line North 00'0'21" East, a distance of 1,695,32 feet-,
thence South 89'50'39' East, along the North line of those lands described in Official Records
Book 477, Page 560, Public Records of St. Lucie County, Florida, a distance of 15,942.73
feet, thence South 00'05'34" West, along the East line of those lands described in Official
Records Book 477, Page 576, Public Records of St. Lucie County, Florida, a distance of
13,516.19 feet; thence North 89'47'44" West, a distance of 95.77 feet to the point of
beginning, thence South 00'03'59 West, a distance of 2,637.63 feet; thence North 89'48'22"
West, a distance of 2,616.79 feet; thence North 00'15'31" West, a distance of 669.74 feet;
5-3
OR BOOK 2942 PAGE 921
thence North 78`38'37" West, a distance of 82.27 feet; thence North 00' 16'40" West, a
distance of 632.00 feet; thence South 89'50'28" East, a distance of 147.25 feet; thence North
00°29'50" West, a distance of 1,320.48 feet; thence South 89'47'44" East, a distance of
2,570.80 feet to the point of beginning.
TRACT 7
Being a parcel of land lying in Sections 15, 16, 17, 18, 19, 21, 22, 27, 28, 33 and 34,
Township 37 South, Range 39 East, St. Lucie County, Florida and being more particularly
described as follows:
Commence at the intersection of the North line of Section 30, Township 37 South, Range 39
East and the East right-of-way line of State Road 609 as shown on the Florida Department of
Transportation right-of-way map, dated November 5, 1964 and revised January 1965; thence,
along said East right-of-way line, North 00'08'30" East, a distance of 5299.86 feet; thence
continue North along said East right-of-way line, North 00'00'21" East, a distance of 1672.32
feet, to the Point of Beginning; thence continue North 00'00'21" East, a distance of 23.00
feet, to the Northwest corner of those lands described in Official Records Book 477, Page 560,
Public Records of St. Lucie County, Florida; thence South 89`50'39" East, along the
Northerly line, of said described lands, a distance of 15,942.73 feet, to the Northeast corner of
those lands described in Official Records Book 557, Page 676, Public Records of St. Lucie
County, Florida; thence South 00'05'34" West, along the East line of those lands described in
said Official Records Book 557, Page 676, a distance of 17,341.95 feet, to the North right-of-
way line of the South Florida Water Management District Canal C-23; thence North
89'54'26" West, along the North line, of said C-23 canal, a distance of 94.00 feet; thence
North 00°03'59" East, a distance of 17,319.06 feet; thence North 89'50'39" West on a line
parallel with and 23.00 feet Southerly of, as measured at right angles, to the North line of
those lands described in said Official Records Book 477, Page 560, a distance of 15,840.71 feet
to the Point of Beginning.
TRACT 8
Being a parcel of land lying in Sections 16, 17, 19, 20 and 21, Township 37 South, Range 39
East, St. Lucie County, Florida, and being more particularly described as follows:
Commence at the intersection of the North line of Section 30, Township 37 South, Range 39
East and the East right-of-way line of State Road 609, as shown on the Florida Department of
Transportation right-of-way map dated November 5, 1964 and revised January 1965, said
point being the Point of Beginning; thence along said East right-of-way line, North 00'08'30"
East, a distance of 5299,86 feet; thence South 89'53'48" East, a distance of 3800.22 feet;
thence South 00' 10'23" West, a distance of 1316.04 feet; thence South 89'48'47" East, a
distance of 1403.45 feet-, thence North 00"04'29" East, a distance of 2985.64 feet, thence
5-4
OR BOOK 2942 PAGE 922
South 89'50'39" East, along a line that is parallel with and 23 feet Southerly of, as measured
at right angles, to the North line of those lands described in Official Records Book 477, Page
560, Public Records of St. Lucie County, Florida, a distance of 5212.19 feet: thence South
00'26'45" West, a distance 345.16 feet; thence South 89'34'48" East, a distance of 327.49
feet; thence North 00'09'36" East, a distance of 346.66 feet; thence South 89'50'39" East,
along the aforesaid parallel line, a distance of 2313.27 feet; thence South 00'08'07" West, a
distance of 2983.03 feet; thence South 89'52'17" East, a distance of 2789.64 feet; thence
South 00'03'59" West, a distance of 1321.65 feet-. thence North 89'49'45" West, a distance
of 7967.68 feet; thence South 00'10'32" West, a distance of 1309.15 feet; thence North
89'46'09" West, a distance of 3175.72 feet; thence South 00'04'55" West, a distance of
1362.59 feet to the South line of Section 19 and the South line of those lands described in the
aforesaid Official Records Book 477, Page 560; thence North 89'45'07" West, along the
aforesaid South line of Section 19, a distance of 2125.58 feet, to the South quarter corner, of
said Section 19; thence North 89'59'37" West, along the said South line of said Section 19, a
distance of 2574.08 feet to the Point of Beginning.
TRACT 9
Being a parcel of land lying in Sections 28 and 33, Township 37 South, Range 39 East, St.
Lucie County, Florida, and being more particularly described as follows:
Commence at the intersection, of the North line of Section 30, Township 37 South, Range 39
East, and the East right-of-way line of State Road 609, as shown on the Florida Department of
Transportation right-of-way map, dated November 5, 1964 and revised January 1965, thence
along said East right-of-way line North 00°08'30" East, a distance of 5299.86 feet; thence
continue North along said right-of-way North 00'0'21" East, a distance of 1695,32 feet,
thence South 89'50'39" East, along the North line of those lands described in Official Records
Book 477, Page 560, Public Records of St. Lucie County, Florida, a distance of 15,942.73
feet, to the Northeast corner, of those lands described in Official Records Book 577, Page 676,
Public records of St. Lucie County, Florida; thence South 00'05'34" West, along the East line
of those lands described in said Official Records Book 557, Page 676, a distance of 9591.65
feet, thence North 89'51'37" West, a distance of 97.58 feet, to the point of beginning; thence
South 00'03'59" West, a distance of 3924.43 feet; thence North 89'47'44" West, a distance
of 2570.80 feet: thence South 00'29'50" East, a distance of 1320.48 feet; thence North
89'50'28" West, a distance of 147.25 feet; thence South 00'16'40" East, a distance of 632.00
feet; thence South 78'38'37" East, a distance of 82.27 feet; thence South 00' 15'31 " East, a
distance of 669.74 feet; thence South 89'48'22" East, a distance 2616.79 feet; thence South
00'03'59" West, a distance of 1188.32 feet, to the North right-of-way line, of the South
Florida Water Management District Canal C-23; thence North 89'54'26" West, along said
North right-of-way line, a distance of 2482.99 feet; thence North 00'21'02" East, a distance
of 1158.72 feet; thence North 89'45'28" West, a distance of 2797.52 feet, to a point on the
West line of said Section 33. Said line also being the East line of the Allan Wilson Grove, as
5-5
OR BOOK 2942 PAGE 923
recorded in Plat Book 12, Page 50, Public Records of St. Lucie County, Florida; thence North
00'28'07` West, along said West line of Section 33, a distance of 3988,85 feet, to the
Northwest corner of said Section 33, thence North 00'28'37" West, along the West line of
Section 28, a distance of 5203.53 feet, to the Northwest corner of said Section 28; thence
South 89'49'36" East, a distance of 2513.26 feet; thence South 00'04'40" East, a distance of
607.61 feet; thence North 89°59'09" East, a distance of 247.31 feet; thence South 00'05'22"
West, a distance of 1994.75 feet; thence South 89'51'37" East, a distance of 2600.04 feet to
the Point of Beginning.
TRACT 10
Being a parcel of land lying in Section 28, Township 37 South, Range 39 East, St. Lucie
County, Florida and being more particularly described as follows:
Commence at the intersection, of the North line of Section 30, Township 37 South, Range 38
East and the East right-of-way line of Stare Road 609, as shown on the Florida Department of
Transportation right-of-way map, dated November 5, 1964 and revised January 1965, thence
along said East right-of-way line, North 00°08'30" East, a distance of 5299,86 feet; thence
continuing North along said East right-of-way North 00'0'21" East, a distance of 1695.32
feet, thence South 89°50'39" East, along the North line of those lands described in Official
Records Book 477, Page 560, Public Records of St. Lucie County, Florida, a distance of
15,942.73 feet, to the Northeast corner of those lands described in Official Records Book 557,
Page 676, Public Records of St. Lucie County, Florida; thence South 00`05'34" West, along
said East line, of said lands, a distance of 6989.66 feet; thence North 89`51'58" West, a
distance of 98.78 feet, to the Point of Beginning; thence South 00'03'59" West, a distance of
600.24 feet; thence South 89'59'09" West, a distance of 2846.55 feet; thence North
00"04'40" West, a distance of 607.61 feet thence South 89°51'58" East, a distance of 809.89
feet; thence North 45'44'22" East, a distance of 344.49 feet; thence South 89'51'58" East, a
distance of 323.58 feet; thence South 46°07'25" East, a distance of 348.56 feet; thence South
89"51'58" East, a distance of 1216,64 feet to the Point of Beginning.
TRACT 11
Being a parcel of lands lying in Section 33, Township 37 South, Range 39 East, St. Lucie
County, Florida, being more particularly described as follows:
Commence at the intersection of the North line of Section 30, Township 37 South, Range 39
East and the East right-of-way line of State Road 609, as shown on the Florida Department of
Transportation right-of-way map dated November 5, 1964 and revised January 1965; thence,
along said East right-of-way line, North 00'08'30" East, a distance of 5299.86 feet; thence
North 00°0'21" East, continuing along said East right-of-way line, a distance of 1695.32 feet,
to the Northwest corner of those lands described in Official Records Book 477, Page 560,
Public Records of St. Lucie County, Florida; thence South 89'50'39" East, along the North
5-6
OR BOOK 2942 PAGE 924
line of those lands described in said Official Records Book 477, Page 560, a distance of
15,942.73 feet to the Northeast corner of those lands described in Official Records Book 557,
Page 676, Public Records of St. Lucie County, Florida; thence South 00°05'34" West, along
those lands described in said Official Records Book 557, Page 676, a distance of 17,341.95
feet, to the North line of the South Florida Water Management District Canal C-23; thence
North 89°54'26" West, along said North line of C-23 canal, a distance of 2576.99 feet, to the
Point of Beginning; thence continue North 89"54'26" West, along said North right-of-way
line, a distance of 2780.87 feet to the West line of said Section 33 and the East line of the
Allan Wilson Grove, as recorded in Plat Book 12, Page 50, Public Records of St. Lucie
County, Florida; thence North 00°28'07" West, along said West line of Section 33, a distance
of 1166.06 feet; thence South 89`45'28" East, a distance of 2797.52 feet; thence South
00°21'02" West, a distance of 1158.72 feet, to the Point of Beginning.
OVERALL TRACTS
The following is a sum total of the legal descriptions of the individual tracts listed above:
Being a parcel of land lying in Sections 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 33 and 34,
Township 37 South, Range 39 East, St. Lucie County, Florida and being more particularly
described as follows:
Begin at the intersection of the North line of Section 30, Township 37 South, Range 39 East
and the East right-of-way line of State Road 609 as shown on the Florida Department of
Transportation right-of-way map, dated November 5, 1964 and revised January 1965, thence,
along said East right-of-way line, North 00°07'39" East, a distance of 2649.52 feet-, thence
continue North along said East right-of-way line, through the following 2 courses, North
00°09'04" East, a distance of 2650.14 feet; thence North 00°00'42" West, a distance of
1695.52 feet, to the Northwest corner of those lands described in Official Records Book 477,
Page 560, Public Records of St. Lucie County, Florida; thence South 89°51'42" East, along
the Northerly line, of said described lands, a distance of 15,942.73 feet, to the Northeast
corner of those lands described in Official Records Book 557, Page 676, Public Records of St.
Lucie County, Florida; thence South 00°04'31" West, along the East line of those lands
described in said Official Records Book 557, Page 676, a distance of 17,342.11 feet, to the
North right-of-way line, of the South Florida Water Management District Canal C-23; thence
North 89°55'29" West, along the North line of said C-23 canal, a distance of 5361.56 feet; to
the West line of said Section 33 and the East line of the Allan Wilson Grove, as recorded in
Plat Book 12, Page 50, Public Records of St. Lucie County, Florida; thence North 00°28'18"
West, along said West line of said Section 33, a distance of 5151.78 feet, to the Northwest
corner of said Section 33; thence North 00°28'58" West, along the West line of said Section
28, a distance of 5203.80 feet, to the Northwest corner of said Section 28 and the Northeast
corner of said Alan Wilson Grove; thence North 89°51'13" West, along the South line of said
Section 20, a distance of 2644.45 feet to the South quarter corner, of Section 20; thence
5-7
OR BOOK 2942 PAGE 925
continue North 89°53'42" West, along the South line of said Section 20, a distance of
2644.09 feet to the Southeast corner, of said Section 19; thence North 89'45'15" West, along
the South line of said Section 19, a distance of 2622.20 feet, to the South quarter corner of
said Section 19; thence continue North 89°59'37" West, along the South line of said Section
19, a distance of 2573.92 feet to the East right of way line of Range Line Road (State Road
609) and the Point of Beginning.
5-8
OR BOOK 2942 PAGE 926
Exhibit B-1
Roadway Improvements - Funded
Riverland/Kennedy DRI
Future Interchange At 1-95 and ENV 3
Becker Road I-95 Florida Turnpike U-PA 4
U-PA = Urban Primary Arterial U-COLL = Urban Collector
NOTE: $22,500,000 have been funded to date for the above improvements
Exhibit B-2
Shared Roadways Within DRIs
Western Study Area
Functional
# Lanes
Roadway
From
To
Classification
Becker Road
-
N/S AB
1-95
U-PA
6
Becker Road
-
Range Linene Road
N!S AB
U-PA
--
--
4
Community Blvd
Becker Road
Tradition Pkwy (Gatlin)
U-PA
4
E/W 1
N/S B
Village Pkwy
U-PA
4
ENV 1
Range Line Road
N/S B
U-PA
2
E/W 2
N/S A
Village Pkwy
U-COLL
2
ENV 3
Village Pkwy
1-95 western right-of-way
U-PA
6
ENV 3
N/S A
Village Pkwy
U-PA
4
ENV 3
Range Line Road
N/S A
U-PA
2
N/S A
Becker Road
Crosstown Pkwy
U-PA
4
N/S B
Becker Road
Paar Drive
U-COLL
2
N/S B
Paar Drive
E/W 1
U-PA
4
Paar Drive
;Village Pkwy
1-95 western right-of-way
U-PA
6
Paar Drive
i N/S A
Village Pkwy
U-PA
4
Paar Drive
Range Line Road
N/S A
U-PA
2
Tradition Pkwy (Gatlin)
Range Line Rd
N/S A
U PA
4 _
Village Parkway
Becker Road
ENV 1
U PA
6
Village Parkway
ENV 1
Tradition Pkwy (Gatlin)
U PA
—
8
Future Interchange
At 1-95 and ENV 3
U-PA = Urban Primary Arterial U-COLL = Urban Collector
NOTE: The road improvements noted in this table will be paid for by the 4
DRIs (Riverland/
Kennedy, Southern Grove,
Western Grove & Wilson Grove) based on their proportionate
impacts which will be
determined by methodology
analysis agreed to by the developers.
NOTE: Approx. 248 Acres of ROW will be
dedicated by Riverland/Kennedy for above
Roadways.
Park Improvements
Riverland/Kennedy DRI
Net Usable Acres
Park (112 of 100 acre park) 50
OR BOOK 2942 PAGE 927
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