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JOANNE HOLi4AN, OLERK OF THE OIROUIT OOURT - SAINT LUOiE OOUNTY
File Number: 1874267 OR BOOK 1356 PAGE 1490
Recorded: 01/17/01 08:40
qxp -I )'
R IF 00-003
A ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST.
LUCIE COUNTY, FLORIDA AND MIDWAY PROPERTIES OF
ST. LUCIE COUNTY, LC, A FLORIDA LIMITED LIABILITY
COMPANY, FOR THE DEDICATION OF CERTAIN ROAD
RIGHT-OF-WAY AT THE INTERSECTION OF WEST
MIDWAY AND SOUTH JENKINS ROADS ASSOCIATED
WITH THE FINAL PLATS FOR THE MIDWAY INDUSTRIAL
PARK, PHASE II
THIS AGREEMENT is made and entered into as of this 17t~ day of October 2000, by and
between ST. LUCIE COUNTY, FLORIDA, a politibal subdivision of the State of Florida, hereinafter
referred to as "St. Lucie County" and MIDWAY PROPERTIES OF ST. LUCIE COUNTY, L.C., A
FLORIDA LIMITED LIABILITY COMPANY., hereinafter referred to as "Midway".
WITNESSETH
WHEREAS, "Midway", owns a parcel of land at the intersection of West Midway and South Jenkins
Roads, in the unincorporated are of St. Lucie County, Florida that they propose to develop as a
three lot industrail subdivision to be known as Midway Industrial Park, Phase II, said property
being more particularly described in the attached Exhibit "A"; and,
WHEREAS, "Midway~' received Administrative Site Plan Approval for the development of this
gasoline/convenience store on June 19, 2000 through Administrative Order CD-00-009 and,
WHEREAS, Administrative Order CD-00-009 includes a special condition requiring the conveyance
of portion of this development site for the right-of-way needs associated with future expansion of
the intersection of West Midway, said area of dedication being described the attached Exhibit B;
and,
WHEREAS, St. Lucie County has adopted a "Road Impact Fee Ordinance" which imposes impact
fees relating to public transportation facilities; and
WHEREAS, Section 1-17-33.1 (c)(6) of the Code of Ordinances of St. Lucie County provides for
credits for the dedication of non-site related road right-of-way on those roadways that are a part
of the County's Roads Impact Fee Eligibility network; and,
Road Impact Fee Credit Agreement RIF-00-003
Final- 10/17/00 Page I
OR BOOK 1356 PAGE 1491
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WHEREAS, based on the provisions of the Section 1-17-33.1 (c)(6) of the Code of Ordinances of
St. Lucie County, the proportionate amount of the total project cost that is eligible for consideration
of road impact fee credit is:
$ 20,331
WHEREAS, "Midway" and "St. Lucie County" are desirous of establishing an agreement
concerning the amount of credit that "Midway" shall be entitled to for the dedication of certain road
right-of-way associated with the future widening of West Midway; and,
WHEREAS, on July 25, 2000 the St. Lucie County Board of County Commissioners granted
conceptual approval to the issuance of a Road Impact Fee credit to "Midway" in consideration for
their dedication of certain road right-of-way associated with the future widening of West Midway;
and,
WHEREAS, on August 29, 2000, a deed was recorded at OR Book 1324, Page 917, in the Land
Records of St. Lucie County transferring interest in the property described in Part B below to the
St. Lucie County Board of County Commissioners for road right-of-way purposes, with the formal
acceptance of said property being held in abeyance until the completion of final title and
environmental audits of the property.
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.
"Midway" is entitled to a credit against Road Impact Fees in the amount of twenty thousand,
three hundred and thirty one 00/100 ($20,331 ;00) dollars under the criteria set forth in
Section 1-17-33.1 (c)(6) of the Code of Ordinances of St. Lucie County for the dedication
of certain road right-of-way associated with the future widening of West Midway; and,
Section 3. Limitation of Credit.
The credit established by this Agreement is limited solely to the property legally described
in attached Exhibit "A," and is not-.transferable to any other property except for those
parcels included within Exhibit "A". The credit may only be applied against Road Impact
Fees and shall not be transferable as a credit against other impact fees imposed for
Road Impact Fee Credit Agreement RIF-00-003
Final - 10/17/00 Page 2
OR BOOK i356 P~GE 1492
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purposes other than roads.
Section 4. Payment in lieu of credit.
In the event that "Midway" is entitled to more Road Impact Fee Credit than what will be
generated by this development, "Midway" may request that the County remit to "Midway"
the difference between Any Road Impact Fee Credit used and the maximum amount of
Road Impact Fee Credit authorized under this agreement. Said remittance shall be funded
through the appropriate Road Impact Fee account, as determined by the County
Administrator.
Section 5. Assignability of Credit.
The credits described in Section 2 above may be assigned as provided in Section 3,
provided that the assignment is to a pamel included within the property described in Exhibit
"A" attached hereto. Such assignment shall be by recordable wdtten instrument. Before
the assignment is effective, a copy of the assignment shall be provided 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, Annex
Fort Pierce, Florida 34982
with copy to:
County Attorney
2300 Virginia Avenue
Ft. Pierce, Florida 34982
Section 6. 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 "Midway's" successors in interest and title to the
property described in Exhibit "A".
Section 7. Termination of Agreement.
This agreement shall be effective until all of the Road Impact Fee credits authorized under
Section 4 have been consumed through the issuance of a building permit, or_..s.i.milar
development approval, or the options described in Section 4 have been executed and the
amount of the authorized credit consumed.
Road Impact Fee Credit Agreement RIF-00-003
Final - 10/17/00 Page 3
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OR BOOK 1356 PAGE 1493
Section 8. Effective Date.
No Road Impact Fee credit that has authorized through this Agreement may be redeemed
until the dedication of certain road right-of-way associated with the future widening of West
Midway has been completed and accepted by St. Lucie County or their assign.
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:
Witness
Midway Properties of St. Lucie County, LC.,
A Flodda Limited Liability Company
printname: ~%r~'(cti~Ie)LUN~oRD,(/J~-',
Manager
TRUSTEE
Ron Thomas Jones, as ancillary Co-Personal
representative of the Estate of ThOmas C.
deceased
~e)
print name:
Jones,
Witness
Anne Cody Jones, as ancillary Co-Personal
representative of the Estate of Thomas
deceased
C. Jones,
Road Impact Fee Credit Agreement RIF-O0-O03
Final - 10/17/00 Page 4
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't '
OR BOOK 1356 RAGE 1494
ACKNOWLEDGMENT
STATE OF FLORID/}.
COUNTY OF ( 5'~L-L~e
I hereby certify that the foregoing instrument was acknowledged before me this ~'5 day~ of (/~C/-~-,~ ,
2000 by Edwin C. Lunsford, Jr. as Managing Member of Midway Properties of St. Lucie County, L.C., a
Florida Limited Liability Company, He/she is personally known to me or has produced
.' .... as identification and ~o did not take an oath.
~.$' ~"~ MY C~l~ ~ ~61~25 ~P[~S , Nota~ Public
~'~.~] '. ~ 4 ~1 State of Florida at large
'::~i;~;" ~..~.~u~.0~F*,.~U~.~. My Commission Expires
My Commission Number:
ACKNOWLEDGMENT
STATE OF FLOnlDA
COUNTY OF ( '7'-/7L~/~)
I hereby certify that the foregoing instrument was acknowledged before me this ! 17 day of ~/~V' ,
2000 by Ron Thomas Jones, as ancillary Co-Personal representative of the Estate of Thomas C. Jones,
deceased, who s personally known to me or-ha~ .... and
who did not take an oath.
~" ~"~i :~ .... :'.~ '/'~':" 'ar~eN°tary Public
My Commission Expires
My Commission Number:
******************** ....... **********~***
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF (
I hereby certify that the foregoing instrument was acknowledged before me this
2000 by Anne Cody Jones,, as ancillary Co-Personal representative of the Estates of Thomas C. Jones,
deceased, who s personally known to me -----. ._ as idP.~nd who
did not take an oath. /~z~ ~/
, Notary Public
State of Florida at large
My Commission E~xp[res
My Commission Number:
Road Impact Fee Credit Agreement RtF-00-003
Final - 10/17/00 Page 5
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Board of County commissioners
Attest St. Lucie County, Florida
K AN
ii" ....... S TO FORM AND
~. ,,..-, ~.,
"~ ...~ , .~".:'[:" ·
· ~-i.5 ".%_ .
OR BOOK 1356 PAGE 1495
Road Impact Fee Credit Agreement RIF-00-003
Final - 10/17/00 Page 6
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OR BOO,K 1556 PAGE 1496
EXHIBIT "A"
LEGAL DESCRIPTION:
Being a pOrtion of Tracts 9, 10, 11 and 12, in the Northwest one-quarter of Section 6, Township 36 South, Range
40 East, of MODEL LAND COMPANY SUBDIVISION, as recorded in Plat Book 4, Page 34, Public Records of St.
Lucie County, Florida, and being more particularly described as follows:
Begin at the southeast corner of lands deeded to Treasure Coast Truss Co., Inc., as recorded in Official Records
Book 422, Page 2789, of the Public Records of St. Lucie County, Florida, said point lying in the northerly right-of-
way line of West Midway Road, an 80 foot wide right-of-way; thence North 89 degrees, 54 minutes, 46 seconds
East, along the said northerly right,of-way line of West Midway Road, a distance of 601.99 feet, to the westerly
right-of-way line of South Jenkins Road, as shown on the Plat of MIDWAY INDUSTRIAL PARK, as recorded in
Plat Book 38, Page 35, Public Records of St. Lucie County, Florida; thence northerly and northwesterly along
the said westerly right-of-way by the following courses and distances;
Thence north 0 degrees, 5 minutes, 14 seconds west a distance of 20.00 feet;
thence north 44 degrees, 52 minutes, 52 seconds east a distance of 42.40 feet;
thence north 0 degrees, 9 minutes, 1 second west a distance of 631.82 feet to the intersection with a
non-tangent curve concave to the southwest having a radius of 265.00 feet, and being the southerly
right-of-way line of Environment Drive, with a radial bearing to said point of intersection of north 64
degrees, 45 minutes, 43 seconds east;-
thence northwesterly along the arc of said curve a distance of 165.60 feet, through a central angle of
35 degrees, 48 minutes, 18 seconds thence north 61 degrees, 2 minutes, 34 seconds west a distance
of 704.33 feet to the beginning of a curve concave to the southwest having a radius of 365.00 feet;
thence northwesterly along the arc of said curve a distance of 179.88 feet, through a central angle of
28 degrees, 14 minutes, 12 seconds;
thence departing said right-of-way line, south 0 degrees, 9 minutes, 1 second east, along a line parallel with the
east line of the north one-half of said Section 6, a distance of 520.08 feet to the point of intersection with a non-
tangent curve, concave to the northeast, having a radius of 280.00 feet, the chord of whiCh bears south 83
degrees, 1 minute, 23 seconds east, and being the northwest corner ofthe aforedescribed Treasure Coast Truss
Co., Inc., lands; thence along the northerly and easterly boundaries of said Treasure Coast Truss Co., Inc., lands
by the following courses and distances;
thence southeasterly along the arc of said curve a distance of 68.49 feet, through a central angle of 14
degrees, 0 minutes, 53 seconds;
2. thence north 89 degrees, 58 minutes, 10 seconds east a distance of 202.12 feet;
thence south 0 degrees, 8 minutes, 55 seconds west a distance of 660.00 feet to the POINT OF
BEGINNING.
Containing 16.20 acres, more or less.
(TAX ID#'s: a portion of 3406-501-0034-0000)
(Location: the Northwest corner of West Midway Road and South Jenkins Road)
Road Impact Fee Credit Agreement RIF-00-003
Final - 10/17/00 Page 7
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EXHIBIT "B"
EXHIBIT "A"
Area of Dedication
Being a portion of Tracts 10, 11 and 12, in the Northwest one-quarter of Section 6, Township 36 South, Range
40 East, of MODEL LAND COMPANY SUBDIVISION, as recorded in Plat Book 4, Page 34, Public Records of St.
Lucie County, Florida, and being more particularly described as follows:
Begin at the southeast corner of lands deeded to Treasure Coast Truss Co., Inc., as recorded in Official Records
Book 422, Page 2789, of the Public Records of St. Lucie County, Florida, said point lying in the northerly right-of-
way line of West Midway Road, an 80 foot wide right-of-way; thence North 89 degrees, 54 minutes, 46 seconds
East, along the said northerly right-of-way line of West Midway Road, a distance of 601.99 feet, to the westerly
right-of-way line of South Jenkins Road, as shown on the Plat of MIDWAY INDUSTRIAL PARK, as recorded in
Plat Book 38, Page 35, Public Records of St. Lucie County, Florida; thence north 00° 05' 14" west along said
westerly right-of-way line a distance of 20.00 feet; thence continue along said westerly row north 44° 52' 52" east
a distance of 28.27 feet to the intersection with a line 40.00 feet northerly of, as measured at right angles, and
parallel with the said north row of West Midway Road; thence south 89° 54' 46" west along lastly said line a
distance of 621.80 feet to the east line of said Treasure' Coast Truss Co., Inc., lands thence south 00° 08' 55"
west a distance of 40 feet to the point of beginning.
Containing 0.56 acres, more or less.
OR BOOK 1356 P~GE 1497
Road Impact Fee Credit Agreement RIF-O0-003
Final - 10/17/00 Page 8
SKETCH
~7-8§-80 03:§77M lO 4588461
OF LEGAL DESCRIPTION
THIS IS NOT A SURVEY
0 tOO ZOO
I J t [ I
SCALE IN FEET
~iZ P.6/6
/; '
Lot 10
/Tce~sdre Co.at Tr~se Co.. Inc._
/ds re<~rded in O.R. ~ 422;
/ Pa~e ~7~, public r~ords of
1 2
l' I
I Lot I I I Lot.
I I
PROPOSED PLAT OF
I 1
I Lot 2 t Lot
/ I ' I 1
/ i I I ::,/
_ 1.. POI_N OF BEGINNING , N44'$2'$2"E ,O_ /
~;ou~n~st q~>~lF~%w' of Treasure Coast ! · I 28.27'-~ ~'/
iru~s uo., ,nq. ,ands as rec~ede4 in ~WITS O~' PI.~T , ~, , I /
O.R. Book 42~ Page 2789, p~lbl~--~ S00~08'55'W , INOO"O§'I4.'W ~,~
: r~c<~4= of sU Lucl. C~nty, n~d~.~,'~.0~~ 40 , ~ ~O.O0'~ \, ./
~ ' I-~1 ~' 270 02'
t , .l
OR BO0~ ~ =:'
~,JOO PAGE 1498
MIDWAY INDUSTRIAL PARK
^, recor~d ~. Plat a<.~k ~,
~P~e 35, Public r~da of
z, = DELTA
R = RADIUS
k .~ ARC LENGTH
PG - PAGE.
PB" PI.AT BOOt<
POEI == POINT OF BEGINNING
POC .= POINT 0~' COblMENCE~ENT
PLS = PRO~m~O. AL
O.R~ == OFFICIAL R£C:ORD BOOK
C,R.= COUNTY ROAD
NO..=
N.$.LR.W.M.D.. - NORTH ST. LUCI[ RIVER
WAT~ IdANAGI[MENT DISTRIc~
CANAL NO. 1~-~k
BF. AEIN~ SHOVel HER£ON ARE ASSUMED AND
R[LATL~D TO 'fl4E NORTHE:~LY RIGHT--OF--WAY LINE
c~' ~E:$T MIDWAY ROAD WITH A BEARING BASE: OF
SKETCH OF DESCRIPTiON
ADDITIONAL RIGHT--OF--WAY
l~cpo~ .~d For
MIDWAY INDUSTRIAL PARK
File: 8739.5.dwg
Date: 7/03/00
Tech: GLM
Sheet 2 of 2