HomeMy WebLinkAbout2021-005 - Emma Viamontes MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 4901607 07/29/2021 11:44:35 AM
OR BOOK 4657 PAGE 173-182 Doc Type:AGR
RECORDING: $86.50
RIF 2021-005
ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS AND EMMA VIAMONTES IN
CONSIDERATION FOR THE DONATION OF CERTAIN RIGHT-OF-WAY
ALONG BROCKSMITH ROAD.
THIS AGREEMENT is made and entered into as of this 1 t day of .J�� , 2021,
by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to
as "St. Lucie County" and Emma Viamontes, whose address is 1125 Club Drive, Fort Pierce, FL 34982,
hereinafter referred to as "VIAMONTES".
WITNESSETH
WHEREAS, on August 13, 2018, VIAMONTES received lot split/boundary adjustment approval
from St. Lucie County for the property described below:
LEGAL DESCRIPTION:
NORT^ 1/2 OF THE, NO,RTHW'EST 1/4 OF THE SOUTHEAST 1/4; SOUTH 1/2 OF THE NORTHWEST 1/4 OF
THE SOUTHEAST 1/4 AND THE NORTH 7/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE
NORTH 85 FEET OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 ALL IN SECTION
29, TOWNSHIP 35 SOUTH, RANGE 39 EAST, SAD PROPERTY BEING OTHERWISE DESCRIBED AS LOT(S) 18,
23, 26 AND THE NORTH 85 FEET OF LOT 3', AK UNNAMED SJ9DMSi3N OF SECTION 29, TOWNSHIP 35
SMITH, RANGE 39 BAST, AS PER PLAT THEREOF RECORDED IN PLAT B30x 3, PAGE 23 OF THE PUBLIC
RECORDS OF ST, LUCIE COUNTY, FLORIDA.
EXCEPTING THEREFROM ALL RIGHTS OF WAY FOR Pc13LC ROADS AND DRAINAGE CANALS
LESS AND EXCEPT ALSO THE FOLLOWII'40:
ALL OF THE FOLLOWNC DESCRIBED PROPERTY MG SOUTH OF OKEECHOBEE RDA) (STATE ROAD #70) IN
ST. LUCIE COUNTY, FLORIDA.
SOUTH 1/2 or THE NORTHWEST '1/4 OF TIME SOUTHEAST 1/4 AND THE NORTH 1/2 OF THE SOIJ WYEST
1/ 4 OF THE SOUTHEAST 1/4 AND THE NORTH 85 FEET OF THE SOUTH 1/2 OF THE SOUTHwEST 1/4
OF THE SOUTHEAST 1/4 ALL IN SECTION 29, TOWNSr;!P 35. SOUTH, RANGE 39 EAST, SAID PROPERTY
BEING OTHERWSE DESC.RIBED AS LOTS23, 25 AND DIE NORTH 85 FEET OF LOT 31, AN UNNAMED
SUBDMSION OF SECTION 29, TOWNSHIP 35 SOUTH, RANGE 39 EAST, AS PER PLAT THEREOF RECORDED IN
PLAT BOOK 3, PAGE 23, OF 1'iE PUBLIC RECORDS OF ST. UJCIE COUNTY FLORIDA,
FURTHER LESSNG THEREFROM ADDITIONAL RIGHT—Cr—WAY FOR STATE ROAD 70
A PORTION OF LOT 23 AND LOT 26, SU3i31VIS'ON OF SECTION 29, TOANSH4P 35 SOUTH, RANGE 39 EAS',
AS RECORDED IN PLAT BOOK 3. PAGE 23 OF THE PLtBLC RECCROS OF ST. LUCIE: COUNTY, FLORIDA,
LYING NORTrIERLY OF STATE ROAD 70 (OKEECHOBEE ROAD), BEING MORE PARTICULARLY DESCRIBED A$
roLLOws;
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Page 1
COMMENCE AT A BOAT SPIKE MARKING TuE SOUTHEAST CORNER OF SAID SECTION 29; THENCE NORTH
0011'O5" EAST ALONG THE EAST LINE OF THE SOUTHEAST ONE—QUARTER (1/4) OF SAID SECTION 29, A
DISTANCE CIF 1,997.95 FEET TO A PCIN ON THE BASELINE CF SURVEY FOR STATE ROAD 70
(OKEECHOBEE ROAD) AS SHOWN CN THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP
FOR SECTION 94030-2505; T4ENCE SOUTH 7E14'12" WEST ALONG SAIC) BASELINE OF SURVEY, A
DISTANCE OF 32.90 FEET; THENCE NORTH 13"45'48" YF..ST ALONG A UNE AT A RICMT ANGLE FROM THE
PREVIOUSLY DESCRIBED COURSE, A DISTANCE CF 55.00 FEET TO A POINT ON THE NORTHERLY EXISTING
RIGHT OF WAY LINE FCR SAID STATE ROAD 70 (OKEECHOBEE ROAD); THENCL SOI.,iTH 7814'12" WEST
ALONG SAID NORTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE CF 977.44 FEET TO A POINT ON A
CURVE CONCAVE SGY.THEASTERLY. HAVING A CHORD BEARING OF SOUTH 72'20'1" WEST; THENCE
SOUTHWESTERLY ALONG SAID NORTHERLY EXISTING RIGHT OF WAY LINE AND SAID OJRVE. HAVING A
RADIUS OF 2,930.79 FEET, THROUGH A CENTRAL ANGLE OF 07'48'03", AN ARC LENGTH CF 399.03 FEET
TO THE INTERSECTION CF SAID NORTHERLY EXISTING RIGHT OF WAY LINE. THE EAST LINE OF SAID LOT 23
AND THE PONT OF BEGINNING, THENCE CONTINUE ALONG SAID CURVE AND SAID NORTHERLY Ex15TINC
RIGHT OF WAY LINE, HAVING A CHORD BEARING OF SOLTH 53'43^44' WEST, A RADIUS
OF 2.930.79 FEET. THROUGH A CENTRAL ANGLE OF 299 24'51•, AN ARC LENGTH OF 1,504.60 FEET TO
TIE END Or SAID CURVE; THENCE SOUTH 51.56'40' WEST ALONG SAID NORTHERLY EXISTING RIGHT OF
WAY LINE, A DISTANCE OF 7 49 FEET; THENCE MOWN 52"50'76' WEST ALONG SAC NORTHERLY EXISTING
RIGHT OF WAY LINE, A DISTANCE OF 82,04 rEET TO 4 PONF ON THE EASTERLY EXISTING RIO-IT OF WAY
LINE FOR BROCKSMITH ROAD, AS RECORDED IN DEED SOCK 75, PAGE 292 OF THE PUBLIC RECORDS CF
ST, LCIE COUNTY. FLORIDA; THENCE NORTH OD'27'56" EAST ALONG SAID EASTERLY EXISTING RIGHT OF
WAY LINE, A DISTANCE OF 312.03 FEET; THENCE NORTH 59'46'43" EAST. A DISTANCE OF 43.71 FEET;
THENCE SOUTH 00.13.17•EAST, A DISTANCE CF 21.74 FEE' TO A POINT ON A DJRVE CONCAVE EASTERLY.
HAVING A CHORD BEARING OF SOUTH 10'07'25' EAST; -HENCE SOUTHERLY ALONG SAID CURVE, HAVING A
RADIUS OF 340.00 FEET THROUGH A CENTRAL ANGLE OF 19'48'17". AN ARC LENGTH OF T17.52 FEET TO
THE ENO Cr SAID CURVE; THENCE SCI.TH 43.40'52'EAST, A •DISTANCE OF 57.54 FEET; THENCE SOUTH
a7'49'17• EAST. A DISTANCE OF 18.77 FEET TO A POINT ON A. CURVE CONCAVE SOUTHEASTERLY, HAVING
A CHORD BEARING OF NORTH 44'17"28' EAST; THENCE NORTNEA.STERLY ALONG SAID CURVE. HAVING A
RADIUS OF 3,019.79 FEET. THROUGH A CENTRAL ANGLE OF D412'44', AN ARC LENGTH OF 222.07 FEET
TO A POINT ON A CURVE CONCAVE SO.+THEASTER_Y, HAVING A CHORD BEARING OF NORTH 58'30'45'
EAST; THENCE NORTHEASTERLY ALONG SAID CURVE, HAYING A RADIUS OF 3,105.00 FEET, THROUGH A
CENTRAL ANGLE OF 21'06'22", AN ARC LENGTH OF 1,143.79 FEL" TO A POINT ON THE EAST LINE OF
SAID LOT 23 AND THE END OF SAID CURVE; THENCE SCUT" OO'19'32" WEST ALONG SAID EAST LINE, A
DISTANCE Or 2586 FEET TO THE POINT Cr EIE:,-NN NG
CONTAINING 35.'53 ACRES MORE CR LESS.
Parcel ID 2329-501-0018-000-3
and,
WHEREAS, PDS No. 18-041, required VIAMONTES convey to St. Lucie County, 40' along
Brocksmith Road, as further described in the attached Exhibit "A" (the "Dedication"), for additional right-
of-way needs; and,
WHEREAS, on December 10, 2018, VIAMONTES dedicated to St. Lucie County, 40' of road right-
of-way on Brocksmith Road via Warranty Deed.
WHEREAS, in 2021 VIAMONTES submitted a site plan and plat application to subdivide the land
into six lots. During review it was noted that the alignment of Brocksmith Road was not symmetrical and
an additional 1.5' of right-of-way needed to be dedicated, as further described in the attached Exhibit "B"
(the "Dedication"), for additional right-of-way needs; and,
WHEREAS, on July 23, 2021, VIAMONTES dedicated to St. Lucie County, 1.5' of road right-of-way
on Brocksmith Road via Warranty Deed.
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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, Brocksmith 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 Brocksmith 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:
Assessed value of right-of-way donation 2018 = $1.37879 X$6,820.62385 = $9,404.19
Assessed value of right-of-way donation 2021 = .0226415 X $12,575.23396 = $284.72
Title, Surveying and Environmental 2018 = $4,250.00
Surveying and Sketch & Legal 2021 = $1,886.25
Total Land Value $15,825.16
$15,825.16
WHEREAS,VIAMONTES is desirous of establishing the general method and amount of Credit that
VIAMONTES shall be entitled to for value and costs associated with the right-of-way donations.
WHEREAS, Chapter No. 2019-165, Laws of Florida, which became effective on June 28, 2019,
provides in relevant part as follows with respect to impact fee credits (the "Impact Fee Credit Law") and
applies to the Credits:
If a local government increases its impact fee rates, the holder of any impact fee credits,
whether such credits are granted under s. 163.3180, s. 380.06, or otherwise, which were
in existence before the increase, is entitled to the full benefit of the intensity or density
prepaid by the credit balance as of the date it was first established. This subsection shall
operate prospectively and not retrospectively.
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WHEREAS, the County increased some of its Roads Impact Fee rates effective November 1, 2019
(the "Roads Impact Fee Rate Increase") by virtue of Ordinance No. 19-012, which was adopted by the St.
Lucie County Commission on July 2, 2019 (the "Ordinance"); and,
WHEREAS, the County and VIAMONTES now desire to document how the Impact Fee Credit Law
will be applied to the Credits in connection with any future increases in road impact fee rates (including,
without limitation, any annual increases in such rates based on changes in the Consumer Price Index).
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.
VIAMONTES is entitled to a credit against St. Lucie County Roads Impact Fees in the amount of Fifteen
Thousand Eight Hundred Twenty-Five and 16/100 ($15,825.16), under the criteria set forth in Section 24-
264(c) of the Code of Ordinances of St. Lucie County for the donation of certain right-of-way along
Brocksmith Road.
Section 3. Limitation of Credit.
Except as provided in Section 4 below, the credit established by this agreement is limited solely to the
property described below:
LEGAL DESCRIPTION:
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NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4; SOUTH 1/2 OF THE NORTHWEST 1/4 OF
THE SOUTHIEAST 1/4 AND THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE
NORTH 85 FEET OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 ALL TN SECTION
29, TOWNSHIP 35 SOUTH, RANGE 39 EAST, SAID PROPERTY BEING Cr..ERWISE 7CSCRIBEO As LO T) I8,
23, 26 AND THE NORTH 85 FEET OF LOT 3', AN UNNAWEC SJBDMS 3N OF SECTION 29, TOWNSHIP 35
SOUTH, RANGE 39 BAST, AS PER FUtT THEREOF RECORDED IN PLAY 800K 3. PAGE 23 OF THE PUBLIC.
RECORDS OF ST. Li.CIE COUNTY, FLORIDA.
EXCEPTING THEREFROIA ALL 4,GHTS OF WAY FOR PUBLIC ROA1S AND DRAINAGE CANALS
LESS ANC EXCEPT ALSO THE FOLLOWING:
ALL OF THE FOLLOWING DESCRIBEC PROPERTY LYINC SOUTH OF OKEECHOBEE ROAD (STATE ROAD #70) IN
ST. LUCIE COUNTY, FLORIDA.
SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE NORTH 1/2 OF THE SDJT,-,WEST
1/ 4 OF THE SOUTHEAST 1/4 AND THE NORTH 85 FEET OF THE SOUTH I/2 OF THE SOUTHWEST 1/4
OF THE SOUTHEAST 1/4 ALL IN SECTION 29, TOWNSHIP 35, SOUTH, RANGE 39 EAST, SAID PROPERrr
BEING OTHERWISE DESCRIBED AS LOTS 23, 26 AND THE NORTH 85 FEET DT LOT 31, AN UNNAMED
SUBDIVISION OF SECTION 29, TOWNSHIP 35 SOUTH, RANGE 39 EAST, AS PER PLAT THEREOF RECORDED IN
PLAT BOOK 3, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY FLORIDA.
FURTHER LESS'NC THEREFROM ADDITIONAL RIGHT—OF—WAY FOR STATE ROAD 74
A PORTION OF LOT 23 AND LOT 2E, SUBDIVISCN CF SECTON 29, TOANS:+"P 3$ SOUTH, RANGE 39 EAST,
AS RECORDED IN PLAT BOOK 3, PAGE 23 OF TH PUBLIC RECCROS OF S . LUCIE COUNTY, FLORIDA,
LYNG NQRtt,rRLY OF STATE ROAD 70 (OKEECHOBEE ROAD), BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT A BOAT SPIKE MARKING THE SOUTHEAST CORNER OF SAID SECTION. 29: THENCE w'CRTH
OO'11'05" EAST ALONG THE EAST LINE OE THE SOUTHEAST ONE—QUARTER (1/4) OF SAID SECTION 29, A
DISTANCE OF 1,992,96 FEET TO A POINT ON THE BASELINE Cf SURVEY FOR STATE ROAD 70
(OKEECHOBEE ROAD) AS SHOWN CN THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT CF WAS' M#
FOR SECTION 94030-2505; THENCE SOUTH 7614'12T WEST ALONG SAID HAo,LJNE OF' SURVEY, A
DISTANCE OF 32.90 FEET; THENCE NORTH 13'45'48" WEST ALONG A LINE AT A RIGHT ANGLE FROM THE
PREVIOUSLY DESCRIBED COURSE. A DISTANCE OF 56.0E FEET TO A POINT CO THE NORTHERLY EXSTING
RIGIIT OF WAY LINE FCR SAID STATE ROAD 70 (OKEECHOBEE ROAD); THEN::'' SOUTH 7614'12" WEST
ALONG SAID NORTHERLY EXISTING RIGHT DF WAY LINE, A DISTANCE OF 917,44 EMT TO A POINT ON A
CURVE CONCAVE SOUTHEASTERLY. HAVING A CHORD BEARING OF SOUTH 72'2011' WEST: THENCE
SOUTHWESTERLY ALONG SAID NORTHERLY EXISTING RIC.-4T OF WAY UN_ AND SAID CURVE, HAVING A
RADIUS OF 2.93E1.79 FEET, THROUGH A CENTRAL ANGLE 0= 07'48'03". AN ARC LENGTH Of 399.03 FEET
TO THE INTERSECTION OF SAID NORTHERLY EXISTING RIGHT OF WAY LINE. THE EAST LINE OF SAID LOT 23
AND THE POINT OF BECINNIN G. THENCE CONTINUE ALONG SAID CURVE AND SAID NORTHERLY EXISTING
RIGHT OF WAY UNE, HAVING A CHORD BEARING OF SCt.TH 5314344` WEST. A RADIUS
CIF 2.930.79 FEET. THROUGH A CENTRAL ANGLE OF 299 24'51., AN ARC LENGTH OF 7,504.60 FEET TO
THE ENO OF SAID CURVE; THENCE SOUTH 61'56'40' WEST ALONG SAID NORI '' EXISTING RIGI-IT OF
WAY LINE, A DISTANCE OF 7.49 FEET; THENCE NORTH 52'50'16' WEST ALONE $A. NORTHERLY EXISTING
RIG4T OF WAY UNE. A DISTANCE 0= 62,04 FEET 7O A PONT ON THE EASTERLY EXISTING RIG-II OF WAY
LINE FOR BROCKSMITU ROAD, AS RECORDEC IN DEED BOOK 75, PAGE 292 OF THE PUBLIC RECORDS Cf
ST, LUCIE COUNTY. FLORIDA: THENCE NORTH 06'27'56" EAST ALONG SAID EASTERLY EXISTING RIGHT OF'
WAY LINE, A DISTANCE OF 312.03 FEET; THENCE NORTH 89'45'43" EASE, A DiSTAND OF 43.71 FEET;
THENCE SOUTH DO13'17•EAST. A DISTANCE OE 21.74 FEET TO A POINT ON A CURVE CONCAVE EASTERLY.
HAVING A CHORD BEARING OF SOUTH 10'07'25` EAST; 'HENCE SOUTHERLY ALONG SAID DutRVE. HAVING A
RADIUrs OF 340.00 FEET TrIROU:GN A CENTRAL ANGLE OF 19'48'17", A'i ARC LENGTH OF 117.52 FEET TO
THE ENO OF SAID CURVE; THENCE SCUTH 43'149'52"EAST, A DISTANCE OF 137,68 FEET; THENCE SOUTH
8?`4B'17' EAST, A DISTANCE CF 18.77 FEET TO A POINT Ce+. A CURVE CONCAVE SOUTHEASTERLY, HAVING
A CHORD BEARING OF NORTH 4417'28" EAST; THENCE' NORTHEASTERLY ALONG SAD CURVE, HAVING A
RADIUS OF 3,019.79 FEET, THROUGH A CENTRAL ANGLE OF D4112'A4 AN ARC LENGTH OF 22201 FEET
TO A POINT ON A CURVE CONCAVE SO.iTHEASTERLY, HAVING A CHORD BEARING OF NORTH 69'30.45'
EAST; THENCE NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 3,105.00 FEET, TI4ROU+ -I A
CENTRAL ANO..E OF 27'06'22", AN ARC LENGTH OF 1,143.79 F.I',ET TO A POINT ON THE EAST LINE OF
SAID LOT 23 AND THE END OF SAID CURVE; THENCE SOUTH 00'19'32" WEST ALONG SAID EAST LINE, A
DISTANCE CF 2656 FEET TO THE POINT CF BEGINNING
CONTAINING 35,'53 ACRES MORE CR LESS
Parcel ID 2329-501-0018-000-3
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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.
The Impact Fee Credit Law will be applied to the Credits as follows in connection with the Roads Impact
Fee Rate Increase and any future increases in Roads Impact Fee Rates (including, without limitation, any
annual increases in such rates based on changes in the Consumer Price Index):
a. For purposes of this Section, the Credits existing as of the November 1, 2019 effective date of
the Roads Impact Fee Rate Increase are hereinafter referred to as the "Existing Credits", and
Credits which may be received under the Agreement in the future are hereinafter referred to as
"Future Credits". The date that VIAMONTES receives any amount of Credits is hereinafter
referred to as a "Credits Receipt Date".
b. When VIAMONTES uses Credits: (i) as to any impact fee rates which are increased after the
Credits Receipt Date for such Credits, the Credits will be applied against the applicable impact
fee rate that was in effect and payable by the VIAMONTES prior to the rate increase, and (ii) as
to any impact fee rates which are decreased after the Credits Receipt Date for such Credits, the
Credits will be applied against the decreased impact fee rate in lieu of the rate that was in effect
and payable by VIAMONTES prior to the rate decrease.
Section 4. Transferability and Assignability of Road Impact Fee Credits.
Pursuant to s. 163.31801(8), Fla. Stat. (2020), Road Impact Fee Credits are assignable and transferable at
any time after establishment from one development or parcel to any other located within the same impact
fee zone as the Property, as referenced by St. Lucie County Code Section 24-261(a), or that is within an
adjoining impact fee zone within St. Lucie County that receives benefits from one or more of the
Creditable Improvements specified in Section 2 of this Agreement. If a Road Impact Fee Credit is proposed
for use in an adjoining impact fee zone, VIAMONTES shall provide notice by certified mail to the St. Lucie
County Administrator with a copy to the County Attorney to the address shown below no less than ten
(10) business days, as documented by courier receipt, prior to execution of an assignment of said Road
Impact Fee Credit, and the St. Lucie County Administrator or designee shall confirm in writing within five
(5) business days, as documented by courier receipt, following receipt of the notice whether St. Lucie
County objects to the use of the Road Impact Fee Credit based on compliance with statutory
requirements. If St. Lucie County does not provide a response, the use of the Road Impact Fee Credit in
the adjoining impact fee zone shall be deemed acceptable. If St. Lucie County objects, the Parties shall
meet in a good faith effort to resolve the objection. VIAMONTES shall provide documentation to St. Lucie
County of any executed assignment of Road Impact Fee Credits to an assignee for transfer and use on a
parcel other than the Property. VIAMONTES shall reserve sufficient Road Impact Fee Credits to support
development within the Property.
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County Administrator With copy to: County Attorney
2300 Virginia Avenue 2300 Virginia Avenue
Fort Pierce, Florida 34982 Fort Pierce, Florida 34982
Section 5. 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 VIAMONTES 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:
ST. LUCIE COUNTY
ATTEST: BOARD OF COUN SIONERS
By:
Deputy Clerk C0/14.
C-htai�
e
O
cif,
-O,yry.F Low� APPROVED AS TO FORM AND CORRECTNESS
A0,4- County Attorney
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_)s-,A4,1 &A,ai
PRINT NAME E ma Viamontes
\k _Mutat)
Witness
Cyr►Ct C l►-�c be M
PRINT NAME
STATE OF FLORIDA
COUNTY OF ST. LUCIE
The foregoing instrument was acknowledged before me by means of[physical presence or[] online
notarization,this 7-23- oz I (date)by Emma Viamontes, who are personally known to me or who
has produced (type of ide ification) as identification.
Oam.. 1 _
[Notary Seal] otary Signature
JOANN M.RILEY � A
A
'?4: :; Notary Public-State of Florida 1 J O n14 M , 2., I e_\
�
� e• Commission#HH 069033 /
' o° ` My Comm.Expires Dec 13,2024 I Name Printed
I Bonded through National Notary Assn. 0
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EXHIBIT A
SITE LEGAL DESCRIPTION:
A STRIP OF LAND, 40.00 FEET WIDE LOCATED IN THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP
35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE CENTER OF SAID SECTION 29; THENCE SOUTH 00°01'27" EAST ALONG THE WEST
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 29, A DISTANCE OF 15.00 FEETTO A POINT ON A
LINE PARALLEL WITH AND 15.00 FEETSOUTH OF THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 29; THENCE NORTH 89"39'09" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 53.50 FEET TO
A POINTONTHE EASTERLY RIGHT-OF-WAY LINE OF BROCKSMITH ROAD ANDTHE POINT OF BEGINNING;
THENCE CONTINUE NORTH 89039'09" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 40.00 FEET TO
A POINT ON A LINE 40.00 FEET EASTERLY OF AND PARALLEL WI1B SAID EASTERLY RIGHT-OF-WAY LINE:
OF BROCKSMITH ROAD; THENCE SOUTH 00°01'27" EAST ALONG SAID PARALLEL LINE,A DISTANCE OF
1501.59 FEET; THENCE SOUTH 89'46'33" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY LINE OF BROCKSMITH ROAD; THENCE NORTH 00°01'27" WEST ALONG SAID
RIGHT-OF-WAY LINE,A DISTANCE OF1501.S0 FEET TO THE POINT OF BEGINNING.
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EXHIBIT B
SITE LEGAL DESCRIPTION:
BEING A 1.50-FOOT-WIDE PARCEL OF LAND LYING IN A PORTION OF BROCKSMITH ROAD (A VARIABLE
WIDTH RIGHT-OF-WAY), LYING IN SECTION 29, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE
COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE CENTER OF SAID SECTION 29;THENCE SOUTH 00°01'32" EAST, ALONG THENCE
SOUTH 00°01'32" EAST, ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SECTION 29, A DISTANCE OF
15.00 FEET;THENCE NORTH 89°39'09" EAST, A DISTANCE OF 53.50 FEET TO THE NORTHWEST CORNER
OF A 40.00 FOOT RIGHT-OF-WAY DEDICATION, AS RECORDED IN OFFICIAL RECORDS BOOK 4211, PAGE
614, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED PARCEL;
THENCE SOUTH 00°01'32" EAST, ALONG THE WEST LINE OF SAID 40.00 FOOT RIGHT-OF-WAY
DEDICATION, A DISTANCE OF 657.51 FEET; THENCE SOUTH 89°50'23" WEST, A DISTANCE OF 1.50 FEET;
THENCE NORTH 00°01'32" WEST, A DISTANCE OF 657.51 FEET; THENCE NORTH 89°39'09" EAST, A
DISTANCE OF 1.50 FEET TO THE WEST LINE OF SAID 40.00 FOOT RIGHT-OF-WAY DEDICATION AND THE
POINT OF BEGINNING.
CONTAINING 986 SQUARE FEET, MORE OR LESS.
S:\ACQ\WP\Road Impact Fee Credit Agreements\Viamontes\Road Impact Fee Credit Agreement Viamontes.docx
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