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RIF 04-002
ROAD IMPACT FEE CREDIT AGREEMENT NUMBER
ONE BETWEEN ST. LUCIE COUNTY, FLORIDA AND
RESERVE HOMES LTD., IN CONSIDERATION FOI~ THE
EXPANSION OF THE INTERSTATE 1-95 AND ST. LUClE
WEST/ RESERVE BOULEVARD INTERCHANGE AND
THE ASSOCIATED IMPROVEMENTS TO ST. LUCIE
WEST/ RESERVE BOULEVARD BETWEEN RESERVE
COMMERCE CENTER DRIVE AND PEACOCK
BOULEVARD
THIS AGREEMENT is made and entered into as of this 20th day of April ,2004, by and
between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter
referred to as "St. Lucie County" and RESERVE HOMES LTD., hereinafter referred to as "Reserve".
WITNESSETH
WHEREAS, Reserve owns, or has interest in, certain parcels of land located in Unincorporated St. Lucie
County and the City of Port St. Lucie which are subject to the approved development orders for the
Developments of Regional Impacts known as the Reserve and PGA Villages, which are located on
property more particularly described in the attached Exhibit A, and;
WHEREAS, the approved development orders for the Developments of Regional Impacts known as the
Reserve and PGA Villages include certain obligations to make improvements to the interchange of,
Interstate 1-95 and'St. Lucie West/ Reserve Boulevard including the access routes to this interchange
along St. Lucie West/ Reserve Boulevard between Reserve Commerce Center Drive and Peacock
Boulevard, and;
WHEREAS, the Construction by Reserve of the cited improvements at the interchange of Interstate 1-95
and St. Lucie West/ Reserve Boulevard including the access routes to this interchange along St. Lucie
West/Reserve Boulevard between Reserve Commerce Center Drive and Peacock Boulevard, will provide
for roadway capacity in excess of the impacts of their development, and;
WHEREAS, St. Lucie County has adopted a "Roads Impact Fee Ordinance," which imposes impact fees
relating to public transportation facilities; and
Road Impact Fee Credit Agreement RIF-04-002
Final Page 1
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WHEREAS, Section 1-17-33.1 of the Code of Ordinances of St. Lucie County provides for credits for the
dedication of non-site related road right-of-way and construction on those roadways that are a part of St.
Lucie County's Roads Impact Fee Eligibility network; and,
f,
WHEREAS, the interchange of Interstate 1-95 and St. Lucie West/ Reserve Boulevard including the
access routes to this interchange along St. Lucie West/Reserve Boulevard between Reserve Commerce
Center Drive and Peacock Boulevard, are part ,of St. Lucie County's Roads Impact Fee Eligibility network;
and;
WHEREAS, the estimated cost to provide for the expansion of the interchange of Interstate 1-95 and St.
Lucie West/ Reserve Boulevard including the access routes to this interchange along St. Lucie West/
Reserve Boulevard between Reserve Commerce Center Drive and Peacock Boulevard, resulting in a six
lane roadway from Reserve Commerce Center Drive and Peacock Boulevard is approximately 10.5
million dollars ($10,500,000) dollars.
WHEREAS, the estimated trip impacts from the Reserve and PGA Villages Developments of Regional
Impact onto the interchange of Interstate 1-95 and St. Lucie West/ Reserve Boulevard including the
access routes to this interchange along St. Lucie West/Reserve Boulevard between Reserve Commerce
Center Drive and Peacock Boulevard equals sixty one percent (61%) of the overall estimated cost of the
planned improvements to this interchange.
WHEREAS, the City of Port St. Lucie has requested that Reserve make additional improvements, beyond
the minimum necessary to accommodate the widening of the interchange of Interstate 1-95 and St. Lucie
West/Reserve Boulevard, including the access routes to this interchange along St. Lucie West/Reserve
Boulevard between Reserve Commerce Center Drive and Peacock Boulevard, be made to the northerly,
southerly and westerly approaches to the intersection of NW Peacock Boulevard and St. Lucie West
Boulevard, the cost of which may be considered to be 100% creditable against Roads Impact Fees.
WHEREAS, based on the provisions of the Section 1-17-33.1 of the Code of Ordinances of St. Lucie
County, the amount that is eligible for consideration of road impact fee credit is:
$ 4,693,992'°°
Road Impact Fee Credit Agreement RIF-04-002
Final Page 2
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WHEREAS, Reserve and St. Lucie County are desirous of establishing an agreement concerning the
amount of credit that Reserve shall be entitled to for the construction associated with the expansion of the
interchange of Interstate 1-95 and St. Lucie West/Reserve Boulevard including the access routes to this
interchange along St. Lucie West/ Reserve Boulevard between Reserve Commerce Center Drive and
Peacock Boulevard.
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.
Reserve is entitled to a credit against Road Impact Fees in the amount of four million, six
hundred ninety three thousand, nine hundred and ninety two ($4,693,992) dollars under
the-criteria set forth in Section 1-17-33.1 of the Code of Ordinances of St. Lucie County
for the value of the improvements associated with the expansion of the interchange of
Interstate 1-95 and St. Lu¢ie West/ Reserve Boulevard including the associated access
routes to this interchange along St. Lucie West/ Reserve Boulevard between Reserve
Commerce Center Drive and Peacock Boulevard that are in excess of the impacts
generated by the Developments of Regional Impact known as The Reserve and PGA
Villages.
Section 3. Limitation of Credit.
The credit established by this Agreement is limited solely to the PGA Village DRI and
Reserve DRI properties legally described in Exhibit A and is not transferable to any other
property owned by Reserve in St. Lucie County. The credit may only be applied against
Road Impact Fee Credit Agreement RIF-04-002
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Section 4.
Section 5.
Section 6.
Road Impact Fees and shall not be transferable as a credit against other impact fees
imposed for purposes other than roads.
Assignability of Credit.
Reserve may assign all or part of the credit described in Section 2 above to its
successors in title and interest. Such assignment shall be by recordable written
instrument. Before the assignment is effective, a copy of the assignment shall be
provided by Reserve to St. Lucie County and the City of Port St. Lucie, at the address set
forth below and the original assignment shall be recorded in the public records of St.
Lucie County:
County Administrator
2300 Virginia Avenue
Fort Pierce, Florida 34982
with copy to:
County Attorney
2300 Virginia Avenue
Ft. Pierce, Florida 34982
City Manager
121 SW Port St. Lucie Blvd.
Port St. Lucie, Florida 34984
City Attorney
121 SW Port St. Lucie Blvd.
Port St. Lucie, Florida 34984
Requirement For Final Project Audit/Adjustment to Credit
Upon the completion of all improvements described in Exhibit B, Reserve shall provide to
St. Lucie County final cost information for the entirety of the project, the purpose of which
is to verify the original project estimates. In the event that projects are less than the
amount estimated above, this Road Impact Fee Credit Agreement shall be amended to
reflect a reduction in the amount due in the way of credit to Reserve based upon the
percentages outlined in this agreement. In the event that final projects cost are
determined to be in excess of the amount estimated above, this Road Impact Fee Credit
will be amended reflect a increase in the amount due in the way of credit to Reserve
based upon the percentages outlined in this agreement.
Assignment of Impact Fees Assessed Against Parties Other Than Reserve.
It is recognized by the County that certain properties within the Reserve Development of
Road Impact Fee Credit Agreement RIF-04-002
Final Page 4
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Section 7.
Section 8.
Section 9.
Regional Impact are being, and will be, permitted for development by parties other than
Reserve. This development will in many cases be subject to the'assessment of a Roads
Impact Fee. It further recognized by the County that the impacts from these non-Reserve
devel°pment activities will affect the interchange of 1-95 and St. Lucie West/ Reserve
Boulevard. Therefore, the County agrees to the establishment of a specific trust, or
similar account, that will be the repository of any Road Impact Fee collected from the
Reserve, Development of Regional Impact, with said funds, minus the standard
administrative processing fee 'as set forth in the Roads Impact Fee Ordinance, being
made available to Reserve for application towards the widening of the interchange of 1-95
and St. Lucie West/ Reserve Boulevard. Release of any funds To Reserve that are
collected by the County, may only take place upon presentation of a written request to
the County Administrator. Reserve shall not be entitled to any trust account funds in
excess of those collected specifically from the Reserve, Development Of Regional
Impact. Reserve is not entitled to any interest earnings on the funds collected by the
County. Interest earnings on any funds collected, and deposited in a trust or similar
account, shall on a quarterly basis, be transferred into the appropriate general county
impact fee account for the area of the Reserve.
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 Reserve and any successors in interest and title to the
property described in Exhibit A.
Termination of Agreement.
This agreement shall be effective until all of the Road Impact Fee credits authorized
under Section 2 have been consumed through the issuance of building permits, or similar
development approvals.
Requirement for Quarterly Reports.
In consideration for the issuance of this Road Impact Fee Credit, Reserve agrees to
Road Impact Fee Credit Agreement RIF-04-002
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provide to St. Lucie County and the City of Port St. Lucie a detailed written report on the
use of the credit approved through this agreement. This report shall indicate the building
permit numbers, the dates of issuance of those permits and a description of the activity
being permitted on which the normally required road impact fee is not being paid. The
first of these reports shall be due on July 1, 2004, and shall be then be due by the 15th
day of the month ending each subsequent quarter. These reports shall be sent .to the
addresses set forth below,
County Administrator
2300 Virginia Avenue
Fort Pierce, Florida 34.982
with copy to:
County Attorney
2300 Virginia Avenue
Ft. Pierce, Florida 34982
City Manager
121 SW Port St. Lucie Blvd.
Port St. Lucie, Florida 34984
City Attorney
121 SW Port St. Lucie Blvd.
Port St. Lucie, Florida 34984
Section 10. Effective Date.
This agreement shall become effective April 20, 2004.
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:
Board of County Commissioners
ATTEST: ~;~'~'"'~~ r',~,,~'-,:~',~,. St. Lucie County, Florida
APPROVED AS TO FORM AND
COONTY ~~*'~./~ '
Road Impact Fee Credit
Final
RIF 03-001
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BY: RESERVE HOMES LTD.,
A DELAWARE LIMITED PARTNERSHIP
J~RN ~MRISO~J'~ -/,v,,-
V~CE PRESIDENT ~
BY: KOLTER PROPERTY DEVELOI~MENT E.LiC.,
A DELAWARE LIMITED LIABILITY COMPANY
ITS GENERAL PARTNER, AS MANAGER
BY:
'D~te
Road Impact Fee Credit
Final
RIF 04-001
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ACKNOWLEDGMENT
STATE OF FLORIDA )
) ss
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority personally appeared John Tompson, and is authorized
to sign and execute the above Agreement and that the representations above stated are true
and correct to the best of his knowledge, information, and belief.
SWORN TO AND SUBSCRIBED before me this
tate/~Florid'a~ Large
M~ommission Expires:
/
.... i
Road Impact Fee Credit
Final RIF 04-001
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EXHIBIT "A"
Legal Description
(next ~ pages)
Road Impact Fee Credit RIF 04-001
Final Page 9
EXHIBIT "A":
RESERVE HOMES LTD., L.P. PROPERTY
RESERVE DRI PROPERTY
All Reserve Homes LTD., L.P. owned lots lying within the Subdivision of Parcel 11,
Willow Pines East, as recorded in Plat Book 43, Page 13 of the public records of St.
Lucie County, Florida.
Together with the following described:'
All Reserve Homes LTD., L.P. owned lots lying within the Subdivision of Parcel 20C,
Castle Pines, as recorded in Plat Book 43, Page 12 of the public records of St. Lucie
County, Florida.
Together with the following described:
All Reserve Homes LTD., L.P. owned lots lying within the Subdivision of Parcel 21,
Briarcliff, as recorded in Plat Book 43, Page 28 of the public records of St. Lucie
County, Florida.
Together with the following described:
All Reserve Homes LTD., L.P. owned lots lying within the Subdivision of Parcel 23,
Maidstone, as recorded in Plat Book 43, Page 11 of the public records of St. Lucie
County, Florida.
Together with the following described:
All Reserve Homes LTD., L.P. owned lots lying within the Subdivision of Parcel 31,
Tompson Point, as recorded in Plat Book 43, Page 10 of the public records of St. Lucie
County, Florida.
Together with the following described:
All Reserve Homes LTD., L.P. owned lots lying within the Subdivision of Parcel 34, The
Lakes at PGA Village, as recorded in Plat Book , Page of the public records of St.
Lucie County, Florida.
Together with the following described:
All parcels of land owned by Reserve Homes LTD., L.P. lying within the portion of The
Reserve DRI located within the City limits of the City of Port St. Lucie, Florida as
described in ORB 1140, Page 1945 of the public records of St. Lucie County, Florida.
TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS OF LAND:
PGA VILLAGE DRI PROPERTY
RESERVE HOMES, LTD. PARCEL
Being a portion of Sections 23, 26, 34 and 35, Township 36 South, Range 39 East, and
Section 3, Township 37 South, Range.39 East, St. Lucie County, Florida, and being more
particularly described as follows:
Commence at the Northwest comer of Section 23, Township 36 South, Range 39 East, St.
Lucie County, Florida; thence North 89°23'03" East, along the North line of said Section ..
23, a distance of 95.77 feet to the Point of Beginning of the following described parcel:
Thence South 00°00'11" West, 170.00 feet Westerly of and parallel with, as measured at
right angles to the Westerly Right-of-Way line of State Road No. 9 (1-95) (said line also
being the Westerly line of a Florida Power and Light Company Right-of-Way 170 feet in
width), a distance of 8215.93 feet to a point hereinafter referred to as Point "A"; said
point being a point in the proposed Northerly Right-of-Way line of State Road No. 9 (I-
95), as conveyed to Thomas J. White Development Corporation, by quit claim deed, as
recorded in OR Book 547, Page 2821, Public Records of St. Lucie County, Florida; said
point being a point in a curve non-tangent to the preceding course; said curve being
concave to the Northwest, having a radius of 600.50 feet, the chord of which bears North
23007'58" East; thence Northeasterly and along the said proposed Right-of-Way line and
the arc of said curve, a distance of 401.05 feet through a central angle of 38°15'55";
thence North 04°00'00'' East, a distance of 220.58 feet to a point in the Westerly Right-
of-Way line of State Road No. 9 (1-95) as shown on Right-of-Way Map, Section 94001-
2412, dated 6/2/77, last revised 8/28/81 (shown on sheet 4 of 14 sheets), thence North
00°00' 11" East, along said Westerly Right-of-Way line, a distance of 7635.73 feet to a
point in the said North line of Section 23; thence South 89023'03" West, along said
Section line, a distance of 170.01 feet to the Point of Beginning.
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL:
Commence at the aforesaid Point "A"; thence South 00°00'11" West, 170.00 feet
Westerly of and parallel with, as measured at right angles to the said Westerly Right-of-
Way of State Road No. 9 (I-95), a distance of 1990.05 feet to a point in the proposed
Southerly Right-of-Way line of said State Road No. 9 (I-95), as conveyed by Thomas j.
White Development Corporation, by quit claim deed, as recorded in OR Book 547, Page
2821, Public Records of St. Lucie County, Florida; said point being the Point of
Beginning of the following described parcel:
Thence continue South 00°00'11" West, along said line, a distance of 2245.74 feet;
thence continue along the Westerly Right-of-Way line of a Florida Power and Light
Company Right-of-Way as recorded in OR Book 468, Page 2897, Public Records of St.
Lucie County, Florida, the following courses and distances:
Thence South 04050'26" West, a distance of 637.01 feet;
thence South 12°25'58" West, a distance of 640.99 feet;
thence South 19028'24" West, a distance of 683.65 feet;
thence South 79027'56" West, a distance of 55.51 feet;
thence South 10032'03" East, a distance of 50.00 feet;
thence North 79°27'56'' East, a distance of 55.39 feet;
thence South 40°32'32'' East, a distance of 146.64 feet;
thence South 23°34'44'' West, along a'hne 20 feet Northwesterly of and parallel with, as
measured at fight angles to the said Northwesterly Right-of-Way line of 1-95, a distance
of 422.43 feet to a point that is 1024.10 feet Northerly of, as measured at fight angles to
the South line of aforesaid Section 34; thence South 89°52'24'' West, along a line parallel
with said Section line, a distance of 1529.48 feet, to a point that is 1551.69 feet
Northeasterly of, as measured at fight angles to the Northeasterly Right-of-Way line of
South Florida Water Management District Canal No. C-24 as shown on Right-of-Way
and Topo Map, C-24-1, Dated 2/26/57, Last revised 4/21/61 (shown on Sheet t 1 of 16
sheets); thence North 43°08'22" West, parallel to said Northeasterly Right-of-Way line of
Canal C-24, a distance of 1217.53 feet to a point in the Southeasterly property line of
Mr. Hoose as recorded in OR Book 247, Page 664, Public Records of St. Lucie County,
Florida; thence South 61°23'47" West, a distance of 268.22 feet to the Northernmost
corner of the Peacock Fruit and Cattle Corporation property conveyed by warranty deed,
as recorded in OR Book 447, Page 2373, Public Records of St. Lucie County, Florida;
thence South 61 °55'10" West, along the Northwesterly property line of said Peacock
Fruit and Cattle Corporation property, a distance of 1338.00 feet to a point in the said
Northeasterly Right-of-Way line of Canal C-24; thence South 43008'22" East, along said
Right-of-Way line of the C-24 Canal, a distance of 1582.82 feet to the South line of said
Section 34 and the North line of Section 3; thence continue South 43008'22" East, a
distance of 2045.91 feet to a point in the said Northwesterly Right-of-Way line of said 1-
95; thence continue along said 1-95 Right-of-Way line the following courses and
distances: Thence North 33°03'45" East, a distance of 594.79 feet to the beginning of a
curve concave to the Northwest, having a radius of 7465.44 feet; thence Northeasterly
along the arc of said curve, a distance of 1138.27 feet through a central angle of
08°44'10", to the North line of said Section 3 and the South line of Section 34; thence
continue along the arc of said curve concave to the Northwest, having a radius of 7465.44
feet, a distance of 97.41 feet through a central angle of 00°44'51"; thence North
23034'44" East, a distance of 1499.51 feet to the beginning of a curve concave to the
Northwest and having a radius of 555.58 feet; thence Northeasterly along the arc of said
curve, a distance of 1784.25 feet through a central angle of 18°24'05"; thence North
00°00' 11" East, a distance of 1044.89 feet to a point in the said proposed Southerly
Right-of-Way line of State Road No. 9 (I-95), as recorded in OR Book 547, Page 2821,
Public Records of St. Lucie County, Florida; thence continue along said proposed Right-
of-Way line North 01008'45" West, a distance of 668.79 feet to the beginning of a curve
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concave to the Southwest, having a radius of 2684.00 feet; thence Northwesterly along
the arc of said curve, a distance of 640.94 feet through a central angle of 13o40'56'' to a
point of compound curvature with a curve concave to the Southwest, having a radius of
1295.00 feet; thence Northwesterly along the arc of said curve, a distance of 204.51 feet
through a central angle of 09002'55" to the Point of Beginning.
AND
The following described parcel as conveyed by CALLAWAY LAND & CATTLE
INC. to JOHN W. HOLCOMB and KIMBERLY HOLCOMB, his wife, by Corporate
Warranty Deed dated April 21, 1998, recorded I OR Book 1151, page 80 of the Public
Records of St. Lucie County, Florida;
A parcel of land lying in portions of Sections 34 and 35, Township 36 South, Range 39
East, St. Lucie County, Florida and being more particularly described as follows:
Commence at the Southeast comer of PGA Commerce Center at The Reserve, as shown
on the plat recorded in Plat Book 37, Pages 6, 6A and 6B, Public Records of St. Lucie
County, Florida, said comer also lying on the Westerly line of a Florida Power and Light
easement as described by deed recorded in Official Records Book 97, Page 504, Public
Records of St. Lucie County, Florida; thence South 00°00' 11" West along said Westerly
line, a distance of 472.41 feet to the Point of Beginning; thence continue South
00°00'11" West, along said Westerly line, a distance of 227.95 feet to the Westerly line
of a Florida Power and Light easement as described by deed recorded in Official Records
Book 468, Page 2897, Public Records of St. Lucie County, Florida; thence traversing said
Westerly line by the following eight courses:
1. South 04050'26''
2. South 12025'58''
3. South 19o28'24''
4. South 79027'56"
5. South 10032'03"
6. North 79°27'56''
7. South 40°32'32''
8. South 23034'44"
West, a distance of 637.01 feet;
West, a distance of 640.99 feet;
West, a distance of 683.65 feet;
West, a distance of 55.51 feet;
East, a d/stance of 50.00 feet;
East, a distance of 55.39 feet;
East, a distance of 146.64 feet;
West, a distance of 422.42 feet;
Thence departing said Westerly line, South 89o52'54'' West, parallel with and 1024.10
feet North of, as measured at right angles to the South line of said Section 34, a distance
of 153.78 feet to a point in the Easterly line of a proposed 120 foot wide roadway, said
line being the arc of a curve concave to the Southeast and having a radius of 2035.00 feet
(the radius point of said curve bears South 81 °09'42" East from said point); thence
Northeasterly along the arc of said curve thru a central angle of 16°06'18", an arc
distance of 572.01 feet to a point of reverse curvature with a curve concave to the
Northwest and having a radius of 5065.00 feet; thence Northerly along the arc of said
curve (continuing along said proposed Easterly roadway line), thru a central angle of
24056'25'', an arc distance of 2204.74 feet to the Point of Beginning, said point also
being a point of tangency with said line which bears South 00°00' 11" West.
Containing 3.003 acres, more or less.
LESS AND EXCEPT the following parcel as conveyed to JOHN W. HOLCOMB and
KIMBERLY HOLCOMB, his wife to RESERVE HOMES, LTD., L.P. by: Quit-Claim
Deed dated April 20, 1998, and recorded in OR Book 114, page 1999, of the Public
Records of St. Lucie County, Florida;
Commence at the Northwest comer of Section 23, Township 36 South, Range 39 East, St.
Lucie County, Florida; thence North 89°23'03" East, along the North line of said Section
23, a distance of 95.77 feet to the Point of Beginning of the following described parcel:
Thence South 00°00'11" West, 170.00 feet Westerly of and parallel with, as measured at
right angles to the Westerly Right-of-Way line of State Road No. 9 )1-95) (said line also
being the Westerly line of a Florida Power and Light Company Right-of-Way 170 feet in
width), a distance of 8215.93 feet to a point hereinafter referred to as Point "A"; said
point being a point in the proposed Northerly Right-of-Way line of State Road No. 9 (I-
95), as conveyed to Thomas J. White Development Corporation, by quit claim deed, as
recorded in OR Book 347, Page 2821, Public Records of St. Lucie County, Florida; said
point being a point in a curve non-tangent to the preceding course; said curve being
concave to the Northwest, having a radius of 600.30 feet, the chord of which bears North
23°07'58'' East; thence Northeasterly and along the said proposed Right-of-Way line and
the arc of said curve, a distance of 401.05 feet through a central angle of 38°15'55";
thence North 04000'00" East, a distance of 220.58 feet to a point in the Westerly Right-
of-Way line of State Road No. 9 (I-95) as shown on Right-of-Way Map, Section 94001-
2412, dated 6/2/77, last revised 8/28/81 (shown on sheet 4 of 14 sheets), thence North
00°00' 11" East, along said Westerly Right-of-Way line, a distance of 7635.73 feet to a
point in the said North line of Section 23; thence South 89°23'03" West, along said
Section line, a distance of 170.01 feet to the Point of Beginning.
PARCEL 1
From the Southeast comer of Section 34, Township 36 South, Range 39 East (St. Lucie
County, Florida), run West along the South line of said Section 34, (a distance of) 1342.5
feet; thence Northwesterly parallel to the Northerly Right-of-Way line of Canal C-24 (a
distance of) 2443.2 feet to the Point of Beginning; thence continue Northwesterly,
parallel with the Northerly Right-of-Way line of Canal C-24, (a distance of) 1146.6 feet,
to a stake on the East side of an existing ditch; thence with an interior angle of 105000,
run (a distance of) 350 feet along said East side of ditch; thence with an interior angle of
158002, run (a distance of) 963.46 feet to a point on the Northerly Right-of-Way of Canal
C-24, (said point of being a distance of) 2374.23 feet Northwesterly from the South line
of said Section 34, measured along said Northerly Right-of-Way line; thence
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Southeasterly along said Northerly Right-of-Way line (a distance of) 791.41 feet; thence
run Northeasterly (a distance of) 1365 feet to the Point of Beginning.
PARCEL 2
From the Southeast comer of Section 34, Township 36 South, Range 39 East, St. Lucie
County, Florida, run West 1342.5 feet along the South line of said Section; thence run
North 42°35'56" West, parallel with the Northerly Right-of-Way of Canal, C-24, 2443.2
feet to the Point of Beginning. Thence continue North 42035'56" West 1146.6 feet;
thence run North 62°24'04'' East 1185.64 feet; thence South 42035'56" East parallel with
said Northerly Right-of-Way of Canal C-24 1136.31 feet; thence South 61 °55' 11" West
1183.00 feet to the Point of Beginning.. Said parcel lying in St. Lucie County, Florida.
LESS AND EXCEPT THE FOLLOWING:
Being a portion of a parcel of land described in a Warranty Deed recorded in Official
Record Book 298, Page 1016, Public Records of St. Lucie County, Florida, lying in
Section 34, Township 36 South, Range 39 East St. Lucie County, Florida being described
as follows:
Commence at the Westerly comer of said parcel; thence North 61 °51 '38" East, along the
Northwesterly line of said parcel, a distance of 268.82 feet, to the Point of Beginning;
Thence continue North 61 °51'38" East, along said Northwesterly line, a distance of
916.82; thence South 43°08'22" East, along the Northeasterly line of said parcel, a
distance of 1136.31 feet; thence South 61 °22'46" West, along the Southeasterly line of
said parcel, a distance of 914.80 feet; thence North 43°08'22" West, a distance of
1144.26 feet to the Point of Beginning.
PARCEL 3
A Non-Exclusive Easement for commercial pedestrian and vehicular ingress and egress
as granted in that certain Road Easement Agreement between Callaway Land & Cattle
Co., Inc., and John Moose and Shirley Moose, his wife, dated February 28, 1989 and
recorded in O.R. Book 627, Page 2124, as modified by the instruments recorded in O.R.
Book 923, Page 1604, and O.R. Book 1099, Page 2308, all of the Public Records of St.
Lucie County, Florida.
PARCEL 4
A Non-Exclusive Sixty (60) foot wide easement for ingress and egress as granted in that
certain Agreement dated August 3, 1988 and recorded in O.R. Book 627, Page 2135, as
modified by Modification Agreement dated September 14, 1994 and recorded in O.R.
Book 928, Page 2520 and First Addendum to Modification Agreement recorded in O.R.
Book 926, page 1446 and O.R. Book 928, Page 2524, all of the Public Records of St.
Lucie County, Florida.
; DUDA PARCEL
A parcel of land lying in Sections 28, 29, 31, 32 and 33 Township 36 South,
Range 39 East; and Sections 4 and 5, Township 37 South, Range 39 East, St.
Lucie County, Florida, being more particularly described as follows:
COMMENCE at the intersection of the Southeasterly right-of-way line of the
Florida East Coast Railway Co. "Fort Pierce Cut-Off" Track as shown on Pages
V. 3d/6 and V. 3d/7, dated February 1, 1950 with Tract Correct revision dated
4/28/67 and the Southwesterly right-of-way line of South Florida Water
Management District Canal C-24; thence run S 44°46'02'' W, a distance of
4809.54 feet to the Northwesterly corner of lands described in Official Record
Book 477, Page 560, Public Records, St. Lucie County, Florida and the POINT
OF BEGINNING; thence South 43°25'41" East, along the westerly line of said
lands, a distance of 3309.86 feet to the Southwesterly corner of the aforesaid
lands; thence North 35°05'51" East, along the Southerly line of the aforesaid
lands, a distance of 4892.60 feet to the Southwesterly right-of-way line of the
aforesaid South Florida Water Management Districts C-24 Canal; along the
aforesaid Southwesterly Right-of-Way Line South 43008'38'' East, a distance of
2327.32 feet to the Northern most point of Grove 2 as described in Official
Record Book 477, Page 560, Public Records, St. Lucie County, Florida; thence
departing the aforesaid Southwesterly right- of-way line of the C-24 Canal South
46°52'25'' West, along the Northwesterly line of the aforesaid Grove 2, a
distance of 2151.65 feet; thence South 43°12'50'' East, along the Southwesterly
line of Grove 2, a distance of 4647.83 feet to the intersection with the Northerly
line of those lands described in Official Record Book 658, Page 110, Public
Records, St. Lucie County, Florida; thence South 51°16'22" West, along said
Northerly line, a distance of 950.05 feet to the intersection with the Northerly line
of the Peacock Cemetery Parcel as described in Official Records Book 369,
Page 1166, Public Records, St. Lucie County, Florida; thence along said
Northerly and Westerly line of said Cemetery parcel, the following courses and
distances: South 45°15'13" West, a distance of 400.02 feet; thence South
38°44'44'' West, a distance of 1227.76 feet; thence South 27°11'26" East, a
distance of 67.85 feet to the Northerly top of bank of O.L. Peacock Canal¢
thence along the northerly top of bank of said O.L. Peacock Canal, the following
courses and distances:
South 75°29'17" West, a distance of 65.34 feet;
Thence South 72°49'14" West, a distance of 56.76 feet;
Thence South 74°47'53'' West, a distance of 186.47 feet;
Thence South 74°19'03'' West, a distance of 254.27 feet;
Thence South 73°21'27" West, a distance of 169.47 feet;
Thence South 74°55'09'' West, a distance of 277.14 feet;
Thence South 73°51'40" West, a distance of 276.70 feet;
Thence South 70°57'21'' West, a distance of 154.19 feet;
Thence South 74°10'23" West, a distance of 128.57 feet;
Thence South 72°03'14" West, a distance of 107.48 feet;
Thence South 78°34'38" West, a distance of 102.69 feet;
Thence South 75°04'05'' West, a distance of 194.77 feet;
Thence South 72°33'58'' West, a distance of 75.48 feet;
Thence South 75°55'30'' West, a distance of 157.24 feet; ,
Thence South 71 °39'51" West, a distance of 59.39 feet;
Thence North 34°54'59'' West, departing said top of bank, a distance of 4760.96
feet; thence North 45°07'48'' West, a distance of 3688.37 feet; thence North
44°46'02'' East, a distance of 728.76 feet to the intersection with the South line
of Section 30, Township 36 South,.Range 39 East, St Lucie County, Florida;
thence North 89°40'25'' East, along said South line, a distance of 312.01 feet to
the Southeast corner of said Section 30; thence North 04°13'20" West, along the
East line of said Section 30, a distance of 258.80 feet to the Southeasterly Right-
of-Way line of the aforesaid Florida East Coast Railway; thence North 44°46'02''
East, along said Southeasterly Right-of-Way line, a distance of 259.86 feet to
the POINT OF BEGINNING.
Containing 790.70 acres more or less.
EGAN GROVES PARCEL
GROVE 1:
Being a portion of Sections 28, 29 and 32, Township 36 South, Range 39 East, St. Lucie
County, Florida, and being more particularly described as follows:
Begin at the point of intersection of the southeasterly right of way line of the Florida East
Coast Railway Co. "Fort Pierce Cut-off" track as shown on right of way maps, pages
V.3d/6 and V.3d/7 dated February 1, 1950 with "track correct" revision dated 4/28/67
and the southwesterly right of way line of South Florida Water Management District
Canal C-24 as shown on the right of way map for said Canal C-24, checked dated
11/25/58 and revised 2/23/59; thence S 43 degrees 06 minutes 38 seconds E, along said
Canal C-24 right of way line a distance of 2488.08 feet, to a point hereinafter referred to
as Point "A"; thence S 35 degrees 05 minutes 51 seconds W a distance of 4982.60 feet;
thence N 43 degrees 25 minutes 41 seconds W a distance of 3309.86 feet to the
intersection with the aforesaid southeasterly right of way line of the Florida East Coast
Railway; thence N 44 degrees 46 minutes 01 seconds E, along said Florida East Coast
Railway right of way a distance of 4809.53 feet to the POINT OF BEGINNING.
TOGETHER WITH an easement for drainage and irrigation over the following described
property:
Commence at the aforedescribed Point "A"; thence S 43 degrees 08 minutes 38 seconds
E, along the aforesaid southwesterly right of way line of South Florida Water
Management District Canal C-24, a distance of 347.56 feet to the POINT OF
BEGINNING of the following described easement:
Thence continue S 43 degrees 08 minutes 38 seconds E, along said right of way line a
distance of 50.00 feet; thence S 46 degrees 51 minutes 22 seconds W a distance of 42.14
feet; thence N 66 degrees 46 minutes 57 seconds W a distance of 64.82 fe~t; thence N 56
degrees 12 minutes 33 seconds W a distance of 190.72 feet; thence N 79 degrees 11
minutes 38 seconds W a distance of69.18 feet; thence S 61 degrees 48 minutes 26
seconds W a distance of 141.21 feet, to the Southeasterly boundary of the above
described parcel; thence N 35 degrees.05 minutes 51 seconds E, along said Southeasterly
boundary a distance of 111.24 feet; thence N 61 degrees 48 minutes 26 seconds E a
distance of 59.54 feet; thence S 79 degrees 11 minutes 38 seconds E a distance of 97.05
feet; thence S 56 degrees 12 minutes 33 seconds E a distance of 196.26 feet; thence
Section 66 degrees 46 minutes 57 seconds E a distance of 27.50 feet; thence N 46 degrees
51 minutes 22 seconds E a distance of 9.44 feet to the said southwesterly right of way
line of said Canal C-24 and the POINT OF BEGINNING.
GROVE 2:
Being a parcel of land lying in Sections 28, 33, and 34, Township 36 South, Range 39
East and Section 4, Township 37 South, Range 39 East, St. Lucie County, Florida and
being more particularly described as follows:
Commence at the point of intersection of the South line of said Section 34 and the
southwesterly right of way line of the South Florida Water Management District Canal C-
24 as shown on the right of way map for said Canal C-24, checked dated 11/25/58 and
revised 2/23/59; thence N 43 degrees 08 minutes 38 seconds W, along said southwesterly
right of way line of Canal C-24, a distance of 2628.30 feet to the POINT OF
BEGINNING of the following described parcel:
Thence continue N 43 degrees 08 minutes 38 seconds W, along said right of way line, a
distance of 364.51 feet, to a point hereinafter referred to as Point "A"; thence continue N
43 degrees 08 minutes 38 seconds W, along said right of way a distance of 4812.17 feet;
thence E 46 degrees 52 minutes 25 seconds W a distance of 2151.65 feet; thence S 43
degrees 12 minutes 50 seconds E a distance of 4647.83 feet; thence S 43 degrees 58
minutes 20 seconds W a distance of 1282.29 feet to a point hereinafter referred to as
Point "B"; thence N 70 degrees 42 minutes 47 seconds E a distance of 440.52 feet; thence
N 65 degrees 05 minutes 51 seconds E a distance of 762.00 feet; thence N 24 degrees 54
minutes 09 seconds W a distance of 60.06 feet; thence N 01 degrees 49 minutes 23
seconds E a distance of 1037.87 feet; thence N 17 degrees 05 minutes 14 seconds W a
distance of 421.43 feet; thence N 46 degrees 51 minutes 22 seconds E a distance of 63.46
feet to the aforesaid southwesterly right of way line of Canal C-24 and the POINT OF
BEGINNING.
Together with an easement for drainage and irrigation being more particularly described
as follows:
Begin at aforedescribed Point "B"; thence along the southeasterly boundary of the above
parcel by the following courses and distances:
Thence N 70 degrees 42 minutes 47 seconds E a distance of 440.52 feet; thence N 65
degrees 05 minutes 51 seconds E a distance of 762.00 feet; thence N 60 de"grees 24
minutes 31 seconds E a distance of 793.61 feet; thence S 89 degrees 08 minutes 58
seconds E a distance of 318.77 feet to the aforesaid southwesterly right of way line of
Canal C-24; thence S 43 degrees 08 minutes 38 seconds E along said right of way line a
distance of 139.00 feet; thence N 89 degrees 08 minutes 58 seconds W a distance of
388.11 feet; thence S 60 degrees 24 minutes 31 seconds W a distance of 770.50 feet;
thence S 65 degrees 05 minutes 51 seconds W a distance of 771.00 feet; thence S 70
degrees 42 minutes 47 seconds W a distance of 399.46 feet; thence N 43 degrees 58
minutes 20 seconds W a distance of 110.06 feet to the POINT OF BEGINNING.
Subject to an easement for ingress and egress, being 15.00 feet in width, lying 7.50 feet
each side of the following described centerline.
BEGIN at the aforedescribed Point "A"; thence S 02 degrees 40 minutes 10 seconds E a
distance of 4.30 feet to the beginning of a curve concave to the northwest having a radius
of 130.00 feet; thence southwesterly along the arc of said curve a distance of 112.33 feet;
through an angle of 49 degrees 30 minutes 25 seconds; thence S 46 degrees 50 minutes
15 seconds W a distance of 2041.23 feet to the southwesterly boundary of the parcel first
described above and the POINT OF TERMINATION of easement, said easement being
bounded on the northeast by the southwesterly right of way line of aforesaid Canal C-24
and on the southwest by the southwesterly boundary of the parcel firs described above.
TACT 2 GROVE 2:
Being a parcel of land lying in Sections 33 and 34, Township 36 South, Range 39 East,
St. Lucie County, Florida being more particularly described as follows:
Commence at the intersection of the south line of said section 34 and the southwesterly
right of way line of the South Florida Water Management District Canal C-24 as shown
on the right of way map for said Canal C-24, sheet 11 of 16, and last revised 4/21/61.
Thence north 43 degrees 08 minutes 38 seconds West, along said right of way line, a
distance of 1050.96 feet to the point ofbegirming of the following described parcel:
Thence continue north 43 degrees 08 minutes 38 seconds West a distance of 1577.34
feet; thence south 46 degrees 51 minutes 22 seconds west a distance of 63.46 feet: thence
south 17 degrees 05 minutes 14 seconds east a distance of 421.43 feet; thence south 01
degrees 49 minutes 23 seconds West a distance of 1037.87 feet; thence south 24 degrees
54 minutes 09 seconds east a distance of 60.06 feet; thence north 60 degrees 24 minutes
10
31 seconds east a distance of 793.61 feet; thence south 89 d~egrees 08 minutes 58 seconds
east a distance of 318.77 feet to the point of beginning.
EASEMENT NO. 1:
An easement for ingress and egress 30.00 feet in width lying 15 feet each side of the
centerline in Township 36 South, Range 39 East and Township 37 South, Range 39 East
the centerline of which being described as follows:
Beginning at a point on a Westerly prolongation of the centerline of Gatlin Boulevard as
shown on Florida Department of Transportation fight-of-way maps for State Road 9 (I-
95) Section 94001-24 t 2, dated 6/22/77, with last revision of 9/11/79, said point being 15
feet westerly of the west toe of spoil ly/ng west of the "Borrow Canal"; thence northerly,
15 feet westerly of, as measured at right angles, and parallel with said west toe of spoil of
the "Borrow Canal"; thence easterly, northeasterly, northerly and northwesterly, 15 feet
distance from, as measured at right angles and parallel with the said toe of spoil of the
"Borrow Canal" to a point 15 feet southerly of, as measured at right angles, the south toe
of spoil south of the Canal South of the north line of Section 10, Township 37 South,
Range 39 East; thence Westerly parallel with the said south toe of spoil to the intersection
with a line 15 feet westerly of, as measured at right angles, the West toe of spoil lying
West of a Canal west of the east line of Section 4, Township 37 South, Range 39 East;
thence Northerly parallel with the said west toe of spoil of said Canal and the Northerly
prolongation thereof to the Southeasterly boundary of"Grove 2".
EASEMENT NO. 2:
An easement for ingress and egress 30.00 feet in width lying in Township 36 South,
Range 39 East and Township 37 South, Range 39 East being bounded as follows:
On the northeast by the ingress and egress easement from Gatlin Boulevard to said
"Grove 2"; on the Northwest by the southerly toe of slope of the spoil bank south of the
"O.L. Peacock Canal"; on the southwest by the 20.00 feet wide ingress and egress
easement from "Grove 1", to "Grove 3", on the southeast by a line 30.00 feet
southeasterly of, as measured at right angles, and parallel with the aforedescribed
northwest boundary.
WESTERN OPTION PARCEL
A parcel of land lying in Sections 31 and 32, Township 36 South, Range
39 East; and Section 5 and 6, Township 37 South, Range 39 East,
St. Lucie County, Florida, being more particularly described as follows:
11
COMMENCE at the intersection of the Southeasterly right-of-way line of
the Florida East Coast Railway Co. "Fort Pierce Cut-Off" Track as shown
on Pages V. 3d/6 and V. 3d/7, dated February 1, 1950 with Tract Correct
revision dated 4/28/67 and the Southwesterly right-of-way line of South
Florida Water Management District Canal C-24; thence run South 44°46'01" West along
said Southeasterly right-of-way line of the Florida East Coast Railway'Co., a distance of
5069.40 feet to the West line of said Section 29; thence South 04°13'20" East, along
said West line, a distance of 258.80 feet to the Northeast corner of said Section 31;
thence South 89°40'25'' West, along the North line of said Section 31, a distance of
312.03 feet to the aforesaid Southeasterly right-of-way line of the Florida'East Coast
Railway Co.; thence South 44°46'01" West, along said right-of-way line, a distance of
728.74 feet to the POINT OF BEGINNING; Thence, departing said right-of-way line,
South 45007'48" East, a distance of 3688.39 feet; thence South 34°54'59" East, a
distance of 4767.41 feet to the northerly top of bank of the O. L. Peacock Canal; Thence
along the northerly top of bank of said'O.L. Peacock Canal the following courses and
distances:
South 74018'52.' West, a distance of 2326.91 feet;
thence South 74°04'30" West, a distance of 849.92 feet:
thence South 74°00"18" West, a distance of 1519.98 feet;
thence South 55°36'44'' West, a distance of 18.96 feet;
thence, departing said top of bank, North 89°58'45'' West, a distance of 5508.96 feet
East right-of-way line of State Road S-609 as shown on the Florida Department of
Transportation right-of-way map dated 11/5/64 and revised January 1965; thence along
said right-of-way line North 00°01 '15"
East, a distance of 2906.07 feet to the intersection with the South line of
said Section 31; thence continue along said easterly right-of-way, North
00008'55'' West, a distance of 156.88 feet to the intersection with the
aforesaid Southeasterly right-of-way line of the Florida East Coast
Railway Co.; thence North 44°46'01'' East, along said Southeasterly right-
of-way line of the Florida East Coast Railway Co. a distance of 6673.84
feet to the POINT OF BEGINNING.
Containing 1111.85 acres more or less.
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EXHIBIT "B"
ENEP. AL PRO,7'ECT DESCP.'rPT'J:ON
Expansion of the Interstate 1-95 and St. Lucia West/
Reserve Boulevard Interchange through the addition of a
three (3) lane eastbound bridge span over T-95 and the
widening of the existing two lane bridge over 1-95 to a
three (3) lane westbound bridge; and
The widening of St. Lucia West/ Reserve Boulevard
Between Reserve Commerce Center Drive and Peacock
Boulevard from two lanes to six lanes; and
All associated turn lanes, signal modifications, mandatory
street lighting, and approach street adjustments along
with any other required roadway or driveway alterations
within the limits of the construction by the appropriate
local authorities, necessary to complete the construction
of the project.
Road Impact Fee Credit RIF 04-001
Final Page 18