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HomeMy WebLinkAboutTermination AgreementReturn to: (enclose self-addressed stamped envelope) Name: Barry E. Somerstein, Esq. Address: Ruden, McClosky, Smith, Schuster & Russell, P.A. P.O. Box 1900 Fort Lauderdale, Florida 33302 This Instrument Prepared by: Barry E. Somerstein, Esq. Ruden, McClosky, Smith, Schuster & Russell, P.A. 200 East Broward Boulevard 15'h Floor Fort Lauderdale, Florida 33301 SPACE ABOVE THIS LINE FOR PROCESSING nA- * Doc Assume: $ 0.00 Doc Tax $ 0.70 * Int Tax : $ 0.00 TERMINATION AGREEMENT PROCESSING DATA THIS TERMINATION AGREEMENT ("Agreement") is dated the f�i' day of June, 2003, by and between HORIZONS ST. LUCIE GROVES ASSO IATES ("Horizons"), TRADITION DEVELOPMENT COMPANY, LLC ("Tradition"), HORIZONS ST. LUCIE DEVELOPMENT, LLC ("Horizons St. Lucie") RESERVE HOMES LTD., L.P. ("Reserve") and A. DUDA & SONS, INC., a Florida corporation ("Duda"). WITNESSETH: WHEREAS, Tradition and Horizons St. Lucie collectively own the , property described on Exhibit A attached hereto and made a part hereof (collectively "Tradition Property"); and WHEREAS, Reserve owns the property described on Exhibit B attached hereto and made a part hereof (collectively the. "Reserve. Property"); and WHEREAS, Horizons and Duda are joining this Agreement to (i) relinquish any right, title and interest they may. have. and consent to the termination of the "Other Agreements" (as hereinafter defined), and (ii) quit claim unto Reserve, Tradition and Horizons St. Lucie their respective interests in certain "Specified Property" (as hereinafter defined). NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the parties intending to be legally bound, do hereby agree as follows: 1 June 27, 2003 FTL:1052999:9 M-71C4 omz a.zm cn .. Cr o o z 1%, N.3 wrvN3r- .�r— o`Oo M �017�, h7O� O 73 --I W S O m OC73 F �c 01 H -Q c�i o m c co Ln CQ z r- c n m &3 O c z 4 � OR BOOK 1745 PAGE 1836 1. The recitations set forth ;herein are true and correct and are incorporated herein by this reference. 2. The parties hereby terminate and render null, void and of no further force and effect the following easements, documents and agreements recorded in . Official Records Book 395, Page 1577, Official Records Book 383, Page 1074, as modified by document recorded in Official Records Book 477, Page 468, documents recorded in Official Records Book 477, Page 473, Official Records Book 477, Page 437 and document recorded in Official Records Book 477, Page 453, Official Records Book 383, Page 1042, Official Records Book. 383, Page 1062, Official Records Book 383, Page 1068, Official Records Book 383, Page 1097, Official Records Book 589, Page 1199, Official Records Book 675, Page 1942, Official Records Book 675, Page 1955, Official Records Book 675, Page 1982; Official Records Book 675, Page 1996, Official Records Book 1088, Page 1039, Official Records Book 1088, Page 1056, Official Records Book 1536, Page 1550, Official Records Book 1536, Page.1607, Official Records Book 1536, Page 1961, Official Records Book 1536, Page 2006, Official Records Book 1585, Page .1530, Official Records Book 1597, Page 2764 and Official Records. Book 1601,' Page 1374, all of the Public Records of St. Lucie County, Florida (collectively referred to as "Other Agreements"). Additionally, theparties hereby terminate the easement rights in, Official Records Book 383, Pages 1054, 1049 and 1059 of the Public Records of St. Lucie County, Florida. 3. Notwithstanding anything contained herein to the contrary, the easements recorded in Official Records Book .1536, Page 1644 and Official Records Book 1536, Page 1979 (as such documents are being amended of even date herewith) all of the Public Records of St. Lucie County, Florida ("Remaining Documents") shall remain in effect with respect to the property described on Exhibit C attached hereto and made a part hereof ("Benefited Property") until June 30, 2004 ("Outside. Date"). The Remaining Documents shall terminate and be null, void and of no further, force and effect effective as of the Outside Date, without the necessity for, recordation of any instrument in the Public Records of St. Lucie County, Florida, evidencing such termination and extinguishment. Duda and Horizons join in this Agreement to consent to the termination of the Other Agreements as provided in Paragraphs 2 and. 3 above. Duda and Horizons do hereby release, remise and quit claim unto (i) Tradition all of Duda's and Horizon's right, title and interest in the property described on Exhibit D ("Tradition Quit Claim Property"), except for the easements and rights. granted and/or existing under or by virtue of the instruments described in Exhibit F. attached hereto and made a part hereof, and (ii) Reserve all. of Duda's and Horizon's right, title and interest in the property described on Exhibit E ("Reserve. Quit Claim Property"), except for the easements and rights granted and/or existing under or by virtue of the instruments described.in Exhibit F. .attached hereto. The. term "Specified Property" is the Tradition Quit Claim Property' and Reserve Quit Claim Property. 2 June 27, 2003 FTL:1052999:9 OR BOOK 1745 PAGE 1837 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. [SIGNATURE PAGES FOLLOW] 3 June 27, 2003 FTL:1052999:9 010 BOOK 1745 PAGE 1838 'R.ADITION DEVELOPMENT. ;OMPANY, LLC fy: Tame: l_ . 'itle: \I}ic_e Pres, )ate: (�� 21 •- o STATE OF FLORIDA ) SS: COUNTY OF1�� ) 111EREBY.CERTIFY that on_this day, -before me, an :officer :duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the -'foregoing instrumen as acknowledged before me by �P1C.5 L. 7-;02./ L— the , • of TRADITION DEVELOPMENT COMPANY, LLC, a Florida ' limited liability company, freely and voluntarily under authority duly vested in him/her by said company. He/SlZ—is personally known to me or who has produced as identification. WITNESS my. hand and official seal in the County and State last aforesaid this 02� day of June, 2003: KIIA My Commission Expires: A01ary runuc Typed *#" pyC0001SS1()N# orstain a of Notary Public DD016114 EXPIRES 1" �MD1HRU�ROYFMNfNBYRAN6J tNS. 2 June 27, 2003 FTL:1052999:9 OR BOOK 1745 PAGE 1839 RESERVE HOMES LTD., LT., a Delaware limited partnership authorized to do business in the State of Florida By: KOLTER PROPERTY DEVELOPMENT, LLC, general partner B Y N Title• 1)atP- 1 z 7 /v '3 STATE OF-FLORIDA ) COUNTY OF ,1 ) SS: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instru>.P f was. acknowledged before me by �D fJ C°Si`�C7 the V II of KOLTER PROPERTY DEVELOPMENT, LLC, the general partner of RESERVE HOMES LTD., L.P., a Delaware limited partnership. HeMm is person known to me or who has produced . as identification. 1 WITNESS my hand and official seal in the County and State last aforesaid.this day of June, 2003. . My Commission Expires: Typed, p qUF��ofNotary Public .• eoNUEo DD016114 EXPIRES f..4,'` THRUIRMFAIN00SURANCEINC I June 27, 2003 FTL:1052999:9 5 OR BOOK 1745 PAGE 1840 HORIZONS ST. LUCIE DEVELOPMENT,,. LLC Name: Title: Jtc \A0,� Date: L-.- 7-1 STATE OF FLORIDA ) COUNTY OF Q 0wSS: :'.-1�$YX-ERT,IFY: that- -on .this:day,-:before_me� f tlul� authorized- in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrumen was acknowledged before me by .�5 C_.'?� d� 12— the., Ste- Vr of HORIZONS ST. LUCIE DEVELOPMENT, LLC; a Florida- ' limited liability company, freely and voluntarily under authority duly vested in him/her by said company. Het is . personallTknown to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this c day of June, 2003. Nota�7Public������ - Typed, printed or stamped name of Notary Public My Commission Expires: +� Virginia Scorn, =*� ,r MYCOMM tON 7 € D00161T�1 EXPIRES 'ee,V BONDEvnJune w.' 14 N005 . INSURANCE, ,tic 0 June 27, 2003 FTL:1052999:9 OR BOOK 1745 PAGE 1841 IN WITNESS WHEREOF, the parties have executed this Agreement on this day of June, 2003. HORIZONS ST. LUCIE GROVES ASSOCIATES, a Florida general partnership Mi Rz T- wx — I ! --d Print,, 41"o �i .r A. DUDA & SONS, INC., a Florida core ion, its general partner N " By::�k Nam J� �,, �A P J h A Title: E K C - I/ I Cc PR-y 'S / ArZ -o j SOUTHLAND PRODUCES SALES OF FLORIDA, INC., a Florida co ora 'on, its general paftner By: -�LA &Jk, Title: U I GC- C-3 i DZ + 4- O R BOOK 1745 PAGE 1842 STATE OF FLORIDA COUNTY OF Stf� The foregoingg instrument was acknowledged before me this o� day of June, 2003, by,35�� �d- b d, Ta as Ey-& Uie- f 5 of A. DUDA & SONS, INC., a Florida corporation, on behalf of the corporation, as general partner of HORIZONS ST. LUCIE GROPES ASSOCIATES, a Florida general partnership. Said person (check one) Eris personally known to me, ❑ produced a driver's license (issued by a state of the United States within the last five (5) years) as identification or ❑ produced other identification, to wit: REGINA G. BABIAK NOT%FRY STATE OF FLORIDA COMMI ' MAW EXPIRES 03114=7 BONDED THRU 1. W-WTARYI STATE OF FLORIDA COUNTY OF Print e: Not Public State of lori- Commission No. Dv 1 S3 D C/ J My Commission Expires: 311 The foregoing instrument was acknowledged before me thise9 day of June, 2003, byJ05 E?* A- D 0 a t%- as Vic- SOUTHLAND PRODUCE SALES OF FLORIDA, INC., a Florida corporation, on behalf of the corporation, as general partner of HORIZONS ST. LUCIE GR9.VES, ASSOCIATES, a Florida general partnership. Said person (check one) p ins personally known to me, ❑ produced a driver's license (issued by a state of the United States within the last five (5) years) as identification or ❑ produced other identification, to wit: REGINA G. BABIAK DA Pri t e. • MI SIGN # DD193�045 EXPIRES 03/14l2007 Not ublic State of orida BONDED THRU 14MO-NOTARYI Commission No. -70 YJ- My Commission Expires: Signed, sealed and delivered in the presence of STATE OF FLORIDA COUNTY OF OFF BOOK 1745 PAGE 1843. A. DUDA & SONS, INC., a Florida (CORPORATE SEAL) The foregoing instrument was acknowledged before me this ohs day of June, 2003, by J o o,rP,%c A- A o D as & v-- V • '? • of A. DUDA & SONS INC., a Florida corporation, on behalf of the corporation. Said person (check one):� is personally known to me, ❑ produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or ❑ produced other identification, to wit: REGINA G. SICTA BABIAK_ OMMI " # ff FLOF 45 Print EXPIRES 03/14/2007 Notary Pu lic, State 6MUricYA BO DTw" NOT " Commission No.: /9 3 O V -!— My Commission Expires: 3 / (1 2d.&7 OR BOOK-1745 PAGE 1844 LEGAL DESCRIPTION WESTERN GROVE TRACT A parcel of land lying in Sections 31 and 32, Township 36 South, Range 39 East; and Section 5, 6, 7 and 18, Township 37 South, Range 39 East, St. Lucie County, Florida, being more particularly described as follows: GOMMENCE--at-thy iricers-ection-of-ttm-SvattreasterlyTight�f=waY-line-of-the-Florida East Coast Railway Co. "Fort Pierce Cut -Off" Track as shown on Pages V. 3d/6 and V. 367, 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 04013'20" East, along said West line, a distance of 258:80 feetto. the. Northeast comer of said Section. 31;. thence. South 89040'25". 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 44046'01" 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 45°07'48" East, a distance of 3688.39. feet; thence. South 34054'59" East, a distance of 4767.41 feet to.the northerly top of bank of the 0. L. Peacock Canal; Thence along tlie—norfFieriy-an�we-sterly-and"tfien noithi itiyTop of bank of'said O:L. PeaarckC-anal-the-- - following courses and distances: South 74°05'51" West, a distance of 4714.77 feet; ' Thence South 55°3644" West; -a distance -of 134.67 feet; - - -- - -- - - Thence. South 41°30'26". West, a distance of 135.95 feet; Thence. South 19048'26" West, a distance of 2499.56. feet; Thence South 19053'24" West, a distance of 5321.98 feet; Thence. South 82°02'36".West, a distance of 1203.09 feet; Thence. South 83031'36" West, a distance of 1347.65 feet to the 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 the following courses and distances: North 0000122". West,. a distance. of 49.47 feet; - - Thence-North-85°42'5& E-ast; a•distanca flfa4-.90-feet;--- --- -- — -- ----:-_._- .- -- Thence:-North. 02005'08" West, a distance of 5257.15 feet to the beginning of a curve, concave easterly,. having a radius of 5654.58 feet and a central angle of 2006'23";-thence along. the arc of said curve to. the right a distance of 207.88 feet to, the end of said curve; Thence. North 00001'15" East, a distance of 5244.03 feet to the intersection with the South line of said Section 31; thence continue along -said -easterly rightaofway; North-0000815F West;-a=distance-of-156:884eetzto the intersection with the aforesaid Southeasterly right-of-way line of the Florida East Coast Railway Co.;. thence North 44°46'0.1" 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 1,805.42 acres, more or less. O.L. PEACOCK CANAL PARCEL Being a parcel of land located in Sections 33 and 34, Township 36 South, Range 39 East and _Sections 4, 5, 6, 7 and 18, Township 37 South, Range 39 East, St. Lucie County, Florida and being more particularly described as follows: COMMENCE at the Southwest corner of said Section 34, Township 36 South, Range 39 East; thence, along the South line of said Section 34, North 89059'07" East, a distance of 1753.27 feet to 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 O4 BOOK 1745 PAGE 1845 2/23/59; thence, along said southwesterly right-of-way, North 43°08'38" West, a distance. of -.---930�8-feet to -the southerly top -of -bank -of the-O.L-Peacock-Canal.and-the-PINT OF BEGINNING of the herein described parcel; Thence, along said southerly top of.bank, the following courses and distances: South 74*10'48". West, a distance of 94.58 feet; Thence, North 86°38'08" West, a distance of 35.06 feet; Thence, North 66°19'43". West, a distance of 64.07 feet; Thence, South 87°50'24" West, a distance of 54.60 feet; Thence,. South. 83°00'08"West, a distance of 59.12 feet; Thence, North. 78*18'57". West, a distance of 30.48 feet; Thence, North 90*00.'00 West, a distance of 48.38 feet; Thence, South 7906948". West, a distance of 53.31 feet; Thence,! South 56'5727". West, a distance of 77.37 feet; Thence,: South. 67°41'26" West, a distance of 105.71 feet; Thence,. South 59°17'38". West,. a distance of 82.61 feet; Thence,. South 60'00'08" West, a distance of 1.37.88 feet; Thence, South 57*14'.18". West, a distance.of 89.36 feet; Thence, South 57°06'29". West, a distance of 104.21 feet; .Thence, South 65°54'31"..West, a distance of 85.70 feet; , Thence, South 54044'14". West, a distance of 49.16 feet; Thence, South 14'4559". East, a distance of 25.17 feet; Thence, South. 00003'39". West, a distance of 10.98 feet; Thence,. North 84014'39". West, a distance of 22.50 feet; Thence, .South 12°12'51" West,. a distance of 32.90 feet, .Thence, South 7205748" West, a distance of 30.03 feet to.a point on the Easterly boundary of those lands described in Official Record Book 1178, Page 2311, Public Records, St. Lucie County, Florida; thence,. North 00°35'12" East, along said Easterly boundary,. a distance. of 37.99 feet;.thence along the Northerly boundary of the' aforesaid lands the following courses and distances: South 66*21'07". West,. a distance. of 557.84 feet; Thence, South 56025'29". West,. a distance of 121.35 feet; Thence, South 7005426". West, a distance of 143.67 feet; Thence, South 85°53'58". West, a distance of 132.02 feet; Thence, South 54°34'1.8". West, a distance of 298.73 feet; Thence, South 33°56'01". West, a distance of 30.15 feet; Thence, South 56°01'38". West, a distance of 31.64 feet; .Thence, North 50°55'52". West, a distance of 7.43 feet; Thence, South`73043'15". West,, a distance of 14.12 feet; Thence, South 59006'39". West, a distance of 424.13 feet; Thence, South 65°11'40". West, a distance of 178.59 feet; Thence, South 76°04'00". West, a distance of 1244.50 feet; Thence, South 74°14'30" West, a distance of 2525.46 feet to the westerly line. of the. aforesaid lands. described. in.'Official'Record Book 1178, Page 2311; thence -South 13032'09" West along said westerly line, a distance of 51.89 feet to the Northeasterly comer of Grove 3, said lands described in Official Record Book 383, Page 1059, Public Records, St. Lucie County, Florida; thence South 74003'19". West, along the Northerly line of said Grove 3, a distance of. 5341.55 feet to the Northwesterly comer of said Grove 3; South 24°05'21" West, a distance of 1054.48. feet to the Easterly top of bank of the O.L. Peacock canal; lands previously described as the'"Duda 2000 acre Parcel", said westerly line also being the easterly top of bank of said O. L. Peacock Canal; Thence, South 19°5324" West, a distance of 6903.48.feet; Thence, South. 82'02'36" West, a distance of 1227.72 feet; Thence, South 83°31'36" West, a distance of 1352.69 feet to the East right-of-way line of State Road 609; Thence, along said East right-of-way Iine,:North 00042'26". West, a distance. of.40.25 feet; Thence, departing said right-of-way line and -along the northerly then westerly then northerly again top of bank of the aforesaid O.L. Peacock Canal the following courses and distances: North 83031'36"East, a distance of 1347.65 feet; OR BOOK 1745 PAGE 1846 Thence,'North 82002'36"East, a distance of 1203.09 feet; Thence, North 1905T24"East, a distanceof 5321.98 feet; Thence, North 19048'26"East, a distance of 2499.56 feet; Thence, North 41 030'26"East, a distance of 135.95 feet; Thence, North 55036'44"East, a distance of 134.67 feet; Thence, North 74005'51"East,. a distance of.4714.77 feet; Thence, North 74°3602"East, a distance of. 620.60. feet; Thence, North 34054'59"East,. a distance of 16.17 feet; -` `1"fse�ce-N6rttt 74°00'26"East; a-distance-of464,5:59-fe-et-to`thE-Southwesterly comer of those lands known as the Peacock Cemetery Parcel; Thence, along the boundary of said Cemetery Parcel the following courses and distances: North 74054'36"East, a distance. of 1079.51. feet; . Thence, North 76°11'52"East, a distance of.819.19 feet; Thence, North. 62044'35"East, a distance. of. 967.89 feet; ' Thence, North 43058'20"East, a distance- of 57.59 feet to the Southwest comer of those. lands known as Grove 2 as recorded in Official Record Book 477,.Page 560, public records, St. Lucie County, Florida; Thence, along the southerly boundary of said Grove.2 the following courses: North 70°42'47"East;:-ecdistance:-of. 440.51-feet;--. __ _.__ _...... Thence fJorth 65"05'51°East;-a-distance,of. 762:00.feet:to..the Southwesterly -comer. -of Tract 2, ..- Grove-2-ds=remded-in-Offic-lal Record-Book=823-i-P-agea 743, pubtic=records;--St.Lubie-CCounty, -- �- 1=londa TFierice; along the southertyboundary of s-gi-d:Tea- t-2,�Grollowing-courses and distances: North 60024'31 "East, a distance of. 793.61 feet; Thence; -South. 89908'58"East;. a distance of 318.77 feet to the aforesaid Southwesterly. right-of- way line of the South Florida Water Management District Canal C-24; Thence, along said southwesterly right-of-way line, South.43008'54"East, a distance of 120.39 feet to the POINT OF BEG INNING:..., Containing 33.95 acres more or less. LESS AND EXCEPT .- .- -A parce.l n.f.land lying ri 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 . __describedzas-follows: .... �...... - =---COMMENCE-at-the-intersection of..the: Southeasterly. right-of-way..line.of_the Florida East Coast -Railway,-a.-"Fort=Pierce-Cut-Off"-Track as shown -on Pages. V. 3d/fi-and V.;-UtT, 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 04013'20" East, along said West line, a distance of 258.80 feet to the Northeast comer of said Section 31; thence South 8904025" 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 44046'01" 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 45°07'48" East, a distanceof 3688.39 feet; thence South 34054'59" East, a. _distance. of 4767.41 feet to the northerly top of bank of the O. L. Peacock -Canal; Thence along Ahe.. northerly top of bank of said O.L. Peacock Canal South 74°05'51" West, a distance of 4714.77 feet; thence North 89058'45"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 0000115" 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 OR ROOK 1745 PAGE 1847 J3ajlway. Co.; thence North 44046'01" East, along said' Southeasterly right -of. -way line of the . — ---- --Fier ida-E-ast Geast41ai4way-ro. a distance-of-6673.84-feet.io-the-PUNT-OF. BEGINNING. =--Containine�11-1-1.86-acres-more or less. m m w L Lrn d, Y Ca O CQ 0 EXHIBIT "A" LEGAL DESCRIPTION A. parcel of land lying in Sections 5, 6, 7, 8, 15, 16, 17, & 1 S, Township 37 South, Range 39 East, St. Lucie County, Florida, more particularly described as follows: Begin at the intersection of the centerline of Gatlin Boulevard (also being the North line. of Section -15) and the westerly limits of Gatlin Boulevard Right -of -Way and the westerly limits ,of those lands described in an Order of Taking, dated July 24, 1979 and recorded in Official Record Book 311 at Pages 2946 through 2952, inclusive, Public Records of St. Lucie County, Florida, and as shown on the Florida Department of Transportation Right -of -Way maps for State Road m9 (1-95). Section, 94001-2412, dated 612177, with last revision of 9/11/79; thence along the westerly lines of the'parcels described in the said Order of Taking recorded in Official Record Book 311 at Pages 2946 through 2952, inclusive, ai d-along4he-westedy-line-of-said 1-95 Right -of -Way the following courses and. distances;4hence-.South-00'Oa'45" We-st;-a-distance of.4O.D:-0.0<.fee.t-thence.Soutti_.-: --89=°:r8�1�'�s# midis#a�ee-�f��eet�t�eriee�tor�g=tMe-anre>�yain��#�=-2��oat- wide F.P.-&: L. easement, as described in an Order Granting Petitioners Motion for -relief from Order of Taking and Amending Order of Taking, as same is recorded in Official Record Book 349 at Pages 90 through 93, inclusive, Public Records of St, Lucie County.. Florida,. the following courses and distances: thence South 00°01'45" West, a distance of 20.00 feet; thence South 89*58'15" East,'a distance of 318.60 feet; thence South 81056'34" East, a distance of 515.34 feet; thence South 69°58'48" East, a distance of 276.75 feet; thence South 52°20'12" East; a distance of 9.08.27 feet; . thence South 4-3° 16'30" East, a distance .of 590.74 feet; .thence South 27042'53" East, a distance of 590.97 feet; thence South 19*56'04"East, a distance of 1197.74 feet; - the-nce-South 18*47'19" East, a distance of 819.08 feet to the easterly prolongation of Abe North line of that certain parcel described in a Special Warranty Deed to Metropolitan Life Insurance Company dated September. 18, 1985, and recorded in Official Record _ .._. Book 477_- Pages 500 thm-ugh-56.6,_in.clusjv_e,, PuR blic ecords..of St,_Lucie County, Florida; thence North 89.50'39" West, along the just said northerly -line of the parcel described in the Special Warranty deed to Metropolitan Life Insurance Company recorded in Official Record Book 477 at Pages 560 through 566, and the easterly prolongation thereof, a distance of 20161.26 feet; to the easterly 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 departing said northerly line of the parcel described in the Special Warranty deed to. Metropolitan Life Insurance Company-recorded-iri Oricial-Record-Book-477 at Pages 560 through 566,-and along said easterly Right -of -Way of State Road S-609, the following courses and distances: North 00000'21" East,"a distance of 1040.81 feet; thence North GOO 01'22 West, a distance of 2519.04 feet to the south line of the 01 Peacock Canal; thence departing said easterly Right -of -Way of State Road S-609.and along the southerly line of the O.L. Peacock Canal the following courses and distances: North 83031'36" East, a distance of 1352.70 feet; Pagge I of 3 EXHIBIT "A" CONTINUED thence North 82'02'36" East, a distance of 1227.72 feet; t-hence North 19'53'24" East; a -distance of-6903.48 feet; --- --- - thence North 24005-21" East, a distance of 1054.48 feet; : to the westerly bou�dary_of Grove 3, as recorded in Official Record Book 383, Page .1059 of the St. Lucie County Public Records (Special Warranty Deed from A. Duda &. Sons, Inc. -to D & M Indian River Groves); thence along the western boundary*of said Grove 3, South 15°52'16" East, a'distance of 2316.58 feet to the southwest corner of said Grove 3; thence along the south line of said Grove 3, North•74'07'42" East, a distance of 845.57 feet to the west boundary of those lands described in Official Record Book:1088, Page 1032, Public Records of St. Lucie County, Florida;thence departing said South line of Grove 3 and running along the westerly and southerly lines of said lands., the following courses and distances: . South.00°09'21" West, a distance of 4587.82 feet; thence North 80°50'18" East, a distance of 92.33 feet; thence South 39"35'38" East, a distance of 373.81 feet' m thence South 62'56'57" West, a distance.of 710.69 feet; T-+ thence South 09®54'33" West, a distance of 528.17 feet; . LED iu thence'South 43.15'34"'East,'a distance of 1.86 feet; thence North 89'57'05" East, a distance* of 1118.66 feet; L thence North 35.2724" East, a distance of.161.00 feet; C_ thence•along a tangent curve to the right with a radius of 200.00 feet, 'at . angent length of �..' Y 433.82 feet, a central angle of 130029'58";the chord of which bears South 79617'37" C3 East; thence along the arc of said curve for a•distance of 455.53' feet to.the curves end; thence South. 4 02 38 East, a distance of 439.20 feet;'' ' o thence South 11 °24'07" West, a distance of 156.51 feet; ' thence South 54*52'19" West, a distance of 153.89 feet; thence South 00°40'03" West, a distance of 152.60 feet; thence North 89°57'43"East, a distance of 1159.20.feet; thence North 00°05'46" East, a distance of 757.53 feet; thence North 89°57'05".East, a distance of 7702.12 feet to the southeasterly corner of those lands described. in said survey for Bank Atlantic Venture Partners 6, Inc. and the POINT OF BEGINNING of the herein described parcel. LESS AND EXCEPT THE FOLLOWING: Begin at the intersection of the centerline of Gatlin Boulevard (also being ttie north line of.'• Section 15) :and the westerly limits of Gatlin Boulevard Right-of-Way.and the.westedy. . limits of those•lands described in an Order of Taking, dated July 24, 1979 and recorded. in Official Record Book 311 at Pages 2946 through�2952, inclusive,: Public, Records of. St. Lucie County, Florida, and as shown on the Florida Department ofTtansport'ation . Right=of-Way maps for State Road #9 (1-95), Section 94001-2412, dated 612177, with last revision of 9/11/79; Thence South:00°01'45" West, a distance of 100,00:feet; thence. South 89°57'05" West, a distance of 242.7,95 feet to *the beginning of 2.curve concave to the Southeast, having a radius of 175..00 feet; thence. Southwesterly along the arc of said curve; through a central angle of 54®37'24", a distan-e of 166.84 feet to a point of. reverse curvature with a curve concave to the Northwest, having'a radius 61"300.00 fee►; thence Southwesterly along the'arc of said curve, through a central angle of 19'1449", a distance of 100.78 feet, to a point of reverse curvature with a curve concave* to the Southeast, having a radius of 175.00 feet; thence Southwesterly and Southerly along the arc of said curve, through a central angle 'of 54°37'24", a. distance of •106.84 feet; thence South 00°02'55" East, a distance of 12.70 feet; thence South 89057"05" West, adistance Pa-ae 2 or 3 EXHIBIT "A" CONTINUED of 200.00 feet; thence North_OTCf '55wWest, a distance of 12.70 feet, to the beginning of a curve concave to the 'Southwest, having a radius of 175'M61 thence Northwesterly along: the arc of said curve, ,through -a -central -angle .16.6.64 feet, to a point. of reverse curvature' ith a'curve concave to the Northeast, having a ' . radius of 300.00 feet; thence Northwesterly and Northerly along the arc of said curve, .-through a central angle of 54 37 24 , a distance of 286.01 feet to a point being on the . " centerline-of-saidGatlin -Boulevar-d-extension,4h,&hd6 wit —8.9'5.7.'05"_East along.said • .centerline, a distance of 3115.39 feet to the Point of Beginning. Containing 2054.74 acres more or less. ;. • • lug ..• •: •. COCL O v i• 1i C EXHIBIT "All CONTINUED (Revised Triangle Parcel) LEGAL DESCRIPTION Being a parcel of land lying in Section 34, Township 36 South, Range 39 East, St. Lucie County, Florida and being more particularly described as follows: BEGINNING at the Southwest Cotner of said Section 34, said comer also being the Northwest corner of the Plat of Port Saint Lucie Section Thirty Five as recorded in Plat Book 15, Page .10, Public Records, St. Lucie County, Florida, Thence North 00°35' 12" , East, along the Northerly prolongation of the West line of Section 3, Township 37 South, Range 39 East; St. Lucie County, Florida and the West line of said Plat of Port Saint Lucie Section Thirty Five, a distance of 233.44 feet to the southerly top of bank of the O.L: Peacock Canal; thence, along said southerly top of bank the following courses and distances: Thence North 72°57'48" East, a distance of 30.03 feet; Thence North 12°12'51."East, a distance of 32.90 f4et; Thence South 84°14'39" East, a distance of 22.50 feet; Thence North 00°03'39" East, a distance of 10.98 feet; Thence North 14°45'59" West, a distance of 25.17 feet; Thence North 54*54'14" East, a distance of'49.18 feet; Thence North 65°54'31" East, a distance of 85.70 feet; Thence North 57°06'29" East, a distance of 104.21 feet; Thence North 5794' 18" East, a distance of 89.36 feet; Thence North 60°00'08" Cast, a distance of 137.88 feet;. Thence North 59° 17'38" East, a distance of '82.61 feet; Thence North 67*41'26" East, a distance of 105.71 feet; Thence North 56°57'27" East, a distance of 77:37 feet; Thence North 7.9°59'48" East, a distance of 53.31 feet; Thence North 90°00'00" East, a distance of 48.38 feet; Thence South 78018'57" East, a distance or30.48 feet; Thence North *83°00'08" East, a distance of 59.12 feet; Thence North 8705074" East, a distance of 54.60 feet; .Thence South '66°19'43" East,a distance of 64.07 feet; Thence South 86°38'08" East, a distance of 35.06 feet, -- Thence North 74°1048" East, a distance of 94.58 feet to 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?/23/59; thence South 43°08'38" East; along said Southwesterly right-of-way line, a distance of 930.58 feet to the intersection with the South line of the aforesaid Section 34 and the North line of the aforesaid Plat of Port Saint Lucie Section Thirty Five; thence South 89059'07" West, along said South line, a distance of 1753.27 feet to the POINT OF BEGINNING. Containing .19.03 acres more or less. GROVE 3• Being a portion of Township 37 South, Range 39 East; St: Lucie County, Florida; and being more particularly described as follows: Commence at the point ofintersection ofthe southeasterly right-of-way line of theFlorida East Coast Railway Co. "Fort Pierce Girt -off' track as shown on right-of-way maps, pages V3d/6 and V3d/7, dated February 13,1960,'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 C,j shown on the right-of-way map' for said Canal • C-24, checked dated 11/25/58 and revised 2r13/59; thence S 43°08138" E, along said. Canal C 24 right-of-way line a distance.of 2488.08- feet; thence S 35*05151" W, a distance of 4892.60 feet; thence N 431125141" W, a distance of 47.19 feet to a point hereinafter referred to as Point "A"; thence S 35031136" W, a distance of ,n -613.88 feet to the beginning of a curve concave to the southeast having a radius of 60.00 feet; thence Southwesterly, Southerly and Southeasterly along the arc of said curve a distance of "-' 73.80 feet through an angle of 70028135"; thence S 34056158" E, a distance of 5360.72 feet to o the beginning of a curve concave to the southwest having a radius of 65.00 feet; thence �a southeasterly along the are of said curve a distance of 21.56 feet through an angle of 19000117"; o thence S 15156'41" E, a distance of 39.78 feet to the beginning of a curve concave to the northwest having a radius of 40.00 feet; thence Southeasterly, Southerly and Southwesterly along the arc of said curve a distance of 62:83 feet through an angle of 90000100"; thence S 74703119" W, a distance of 10.81 feet to a point hereinafter referred to as Point "B"; thence S 15*56141" E, a distance of 10.00 feet; thence S 13*31107" W, a distance of 1133 feet to the POINT OF BEGINNING of the following described parcel; . Thence continue S 13031107". W, a distance of 422.94 feet; thence S 05*52155" W, a distance of 655.21 feet; thence S 11°39'14" W, a distance of 299.50 feet; thence S 03034136" W, a distance of 264.67 feet; thence S 02040'30" E, a distance of 853.63 feet; thence S 7007'42" W.I. a distance of 4469.72 feet; thence N 15652116" W, a distance. of 231658 feet; thence N 74003119" E, a distance of 534155 feet to the POINT OF BEGINNING. TOGETHER WITH those easements granted in Official Records Book 383, Page 1074, of the Public Records of St. Lucie County, for the benefit of said, property. 4• EXHIBIT "A" PA - CONTINUED LEGAL DESCRIPTION • A parcel.*of land lying in Sections 4, 5, 8, 9, 10 & 17, -Township. 37 South, .Range 39 East, and Section 33, Township 36 South, Range 39 'East,. St. Lucie County, Florida, more particularly described as follows:' Begin at the intersection of the centerline of Gatlin Boulevard (also being the north . line of Section 15) and the westerly limits of :Gatlin Boulevard Right -of -Way and the: westerly limits of those lands described in'a* n Order of Taking dated July 24, 1979 and recorded in Official Records Book 311 at Pages 2946 through 2952, inclusive, 'Public Records of .St: Lucie County, Florida; -' and . as "shown on' the Florida Department of Transportation Right-of-Way-maps.for State Road #9 (I-95), Section • 94001 2412, dated 61W7, with last.revision of 9711/7g; thence South 89 degrees 57. Co . minutes 05. seconds West, a distance of 7702.12 feet; thence South 00 degrees 05 r' minutes 46 seconds West, a distance of 75:7.53 feet* Ahence South 89.degrees 57 La minutes 43 'seconds West, at distance of 1159.20 feet; thence North 00 degrees 40 minutes 03 seconds East, a distance of 1516d feet; thence North 54 degrees 52 N minutes -19. 'seconds. East; a distance of 153.89 feet; thence North 11 degrees 24 *-+ minutes 07 seconds East, a distance .of 156.51 feet; *thence North °14 degrees Q2 :o minutes 38 seconds West, -a distance of 439.20 feet,- to the beginning of a curve cr, • concave southerly, having a radius of 200.00. €eet and a central angle of 130 degrees o : ' 29 minutes t& seconds, thence northerly, westerly and'finally southerly along the arc . Of said curve to the left, a distance of 455.53 Feet to the ci nres'end; thence South 35. - degrees 27 minutes 24 seconds West, a distance'of 161:00 feet; thence South 89 degrees 57 minutes OS seconds West, a distance of.1118.66 feet; thence North 43 degrees 15 minutes 34 seconds West,'a distance.of 1.86 feet; thence North 09 degrees 54 minutes 33 seconds'East, a distance of 528.17 feet; thence North 62 de minutes 57 seconds grees 56 East, a distance of 710.69 feet; thence North 39 degrees 35 minutes 38 seconds West, a distance of.373.81 feet; thence South 80 degrees 50 minutes 18 seconds West, a distance of 92.33. feet; thence North 00 degrees 09 minutes 21 seconds East; a distance of 4587.82 feet; to the southeasterly line of ' Glove No. 3,.as:reeorded.in.Official Records Book 383, at Page 1059, SL Lucie • County Public Records (Special Wairanty Deed from A. Duda ASons, Inc, to D & M. Indian River Groves),thence along said southerly and easterly line of Grove No. 3 the following courses and distances: North 74 degrees 07 minutes 42 'seconds East,. a distance of 3.624.15 feet; thence North 02 degrees 40 minutes 30 seconds West, a' distance of 853.63 feet;" thence North 03 degrees, 34 minutes 36 seconds East, a distance of 264:67 feet;': thence North 11 degrees 39 minutes 14 seconds East, a distance of 299.59 feet, ithence North -05 degre.es• 52 minutes SS.seconds a distance of 655.21 fec'thence North 13 degrees '31 minutes 0.7 seconds East, a "• distance of 422.94 , feet; thence • departing said' Grove No. 3, continue North 13 degrees •34 minuies'07 seconds East, a distance Of 51.88 feet; thence North 7.4 degrees 14- minutes.30 seconds East; a distance of 2525:46 feet; thence North 76 degrees 04 minutes 00 seconds East, a distance. of 1244.50 feet; thence North 65 ' degrees I 1 minutes 40 seconds East, a distance of.178.59 feet; thence North 59 degrees 06 minutes .39 seconds East, a distance of 424.13 feet; thence North 73 degrees 43 minutes 15 seconds" East; a distance of 14.12 feet; thence South 50 degrees 55 ;minutes 52 seconds East, a distance of 7:43 feet; thence North 5.6 degrees . 01 minutes 38 seconds East, a distance of 31.64 feet: thenee North'Ai A..�.�_� �,� -minutes 12 seconds West along the northerly prolongation of the East line of the northeast quarter of said Section 4, a distance of 271.44 feet to the northeast comer _ of Sectiori.4; thence continue South 00 degrees 35 minutes 12 seconds West, along the East line of said Section 4, a distance of 2833.04 feet to the Fast quarter comer of said Section 4; theribe South 00 degrees 36 minutes 27 seconds West, a •distance of 2651.97 feet to the northwest corner of Section 10; thence North 89 degrees 54 minutes IO seconds Fast along the -NorQi line of said Section 10, a distance of. 179 .84 feet;10 a point of intersection with the westerly Right -of -Way line of said • I-95 and the said West rly line of the lands described in the Order of.Taking dated July 24, 109 and recorded Records . m Official Book 311, at Page..2946 through 2952; inclusive, and thla' ' tangent urvd. concave easterly, ha ►ing a radius of - 'a ` 5983.58 feet andcell angle of 23 de rees 41 minutes 41 seconds , thence. along the westerly line of sad 1-95 Right -of -Way and the along said westerly line of the lands described iu th6!'Order of Taking, -dated July 24,1979, the foll;'owing courses m and distances: thende southerly �along.the arc of said curve to the left, a distance of 2474.52 feet, said arc; subtended by a chord' 'South which bears06 degrees 56 minutes 28 seconds East,' a; distance of 2456.92' feet to the curves end; thence South 18 " degrees 47 minutes ;;0 seconds East, a distance ,�,. `. of 714:03 feet; the South 14 degrees 47 minutes;,1:9 seconds East, aAistance of•510.88 feet; thence South 07 degrees' 32 minute seconds ' �. ' .'tW East,a.jdistance of 37'4.37 feet; thence South 06 de roes 58 g minutes�1': seconds West, adistance of 373.49 feet; thencc South 15 degrees33 minutes�:2$ seconds West, a'distance of 491.49 feet;'thence South 34 degrees 39.minutesj5;(�'f.seconds West, degrees 02 minutes '5.0+:seconds degrees 01 minutes; 45� a'distaace of 207.78 feet; th6nce South 70 ' West, a distance of 289.50 feet; thence South 00 seconds . West, 'a� distance 64.09 feet; degrees 24 minutes! 53';seconds degrees 58 minutes is; of thence South 82 West, a !distance of 317,56 feet; thence North 89 58 minutes' Oxseconds West, x;distance of 371.63• feet; thence North 89 West, • ..:degrees degrees 01 minutes; 4q a distance of 261...61 feat; thence South 00 : fseeonds West a" di , stance of 100.00 feet, to Point Beginning• . the Of h 'LESS ANY PORTIdNS!.TREVISo;IILY CONVEYED OR DEDICATED: i w A parcel of land lying in Sections 28, 29, 31, 32 and 33 Township 36 South, o 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 44046'02" 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 4302641" East, along the westerly line of said LO In lands, a distance of 3309.86 feet to the Southwesterly corner of the aforesaid T-+ lands; thence North 35005'51' East, along the Southerly line of the aforesaid Q 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 T-+ 2327.32 feet to the Northern most point of Grove 2 as described in Official o Record Book 477, Page 560, Public Records, St. Lucie County,. Florida; thence cm departing departing the aforesaid Southwesterly right- of -way line of the C-24 Canal South 0 46052'25" West; along the Northwesterly line of the aforesaid Grove 2, a distance of 2151.65 feet;. thence South 43012:50" 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.,11. , 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 3804444" West, a distance of 1227.76 feet; thence South 27011'26 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 74019'.03" West, a distance of.264.27 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 73051'40" 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; 00032161v1 0624/2003 w N 0 a cr, 0 Thence South 72003'14" West, a distance of 107.48'feet; Thence South 78034'38" West, a distance of 102.69 feet; Thence South 75"04'05" West., a distance of 194.77 feet; Thence South 72033'58" 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 44046'02" 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' 466t to the POINT OF BEGINNING. 00082161v1 0624/2003 Y PARCEL ONE 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 Count, FloridaLbeing more.particularl�r 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, 1960 with Tract Correct - — reftion-dated 4/28/67 and the -Southwesterly right-of=way line of -South " Florida Water Management District Canal C-24; thence run South 44046'01" 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 04013'20" East, along said West line, a distance of 258.80 feet to the Northeast corner of said Section 31; thence South 89040'25" 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 Lo 0o South 44°4601.. West, alon9_said-right-of: way line,_a distance of 728.74 feet to the POINT OF.BEGINNING; Thence, departing said right-of-way line, South cD 45°0V48: East, a distance of:3688.39 feet, th_enc e_-., a¢. distance o Meet to fFie norttierl to""of banC< of thb 0: L. Peacock y P ►n Canal; Thence along the northerly top of bank of said O.L. Peacock Canal South . 74005'51" West, a distance of 4714.77 feet; thence North 89058'45" West, a distance of 5508.96 feet East right-of-way line' of State Road-S-609 as shown on o the Florida Department of Transportation right-of-way map dated 11/5/64 and M revised January 1965; Thence along said right-of-way line North 00001'15" o 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 44046'01" 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. LESS AND EXCEPT _ .-,.-.Being a parcel .of land lying in Sections-31. and 32, Township 36-South, Ran ge 3. 9 East and Sections 5 -a- nii if 6. Township 37 South, Range 39 East, SCE ucie County, Florida'and being more particularly described as follows: COMMENCE at the -Northeasterly comer of Grove 3; said lands described in Official Record Book 383, Page 1059, Public Records, St. Lucie County, Florida; thence South 74003'19" West, along the Northerly line of said Grove 3, a distance of 4636.82 feet; thence North 16048?28? West, departing said Northerly line, a distance of 52.70 feet; thence North 16°48'28" West, a distance of 63.64 feet; thence North 74003'44" East, a distance of 67.81 feet; thence North 57016'41" East, a distance of 51.67 feet; thence North 38031'24" East, a distance of 73.78 feet; thence North 22050'39" East, a distance of 50.98 feet to the POINT OF BEGINNING; Thence North 61 °20'02t'West, a distance of 1685.86 feet; Thence North 5V57'12" West, a distance of 127.57 feet; Thence North 49019'49" West, a distance of 93.34 feet; Thence North 32018'49" West, a distance of 178.91 feet; Thence North 2503227" West, a distance of 184.36 feet; Thence North 06000'43" West, a distance of 118.58 feet; Thence North 22°50'28" East, a distance of 467.15 feet; Thence .North 31022'11" East, a distance of 93.05 feet; Thence North 40°40'44" East, a distance of 1124.23 feet; Thence North 44*11'03" East, a distance of 181.77 feet; FTL:982743:4 - Thence North 5202011.8" East,.a distance of 81.27 feet; Thence South 48056'38" East, a distance of 3272.46 feet, Thence South 09'19'30" West, a distance of 329.60 feet, Thence South 74014'21" West,. a,distance of 1658.09'feet; Thence North 84042'27" West, a distance of 125.75 feet to the POINT OF BEGINNING. TOGETRER-MTH PARCEL Ivy Being a parcel of land lying in Sections 31 and 32, Township 36. South, Range 39 East and Sections 5 and-6;-Township 37#South,-.Range-39 East, St: -Lucie County, Florida and being more particularly described as follows: COMMENCE at the Northeasterly comer of Grove.3, said lands.described in Official. Record Book 383, Page 1059, Public Records, St. Lucie ,County.. Florida; thence South 7400319" West, along the Northerly line, of said Grove 3, a distance of 4636.82 feet; thence North.16°48728? -West, departing .said. Northerly line, a distance of 52.70 feet; thence North 1604828" West, a distance.of.63.64 . feet; thence North 74003'44" East, a .distance of 67.81 feet;..thence-North C6 '5701641" East, a distance of 51.67 feet; thence North 38°31'24" East, a distance of 73.78 feet; thence North 22050'39" East, a distance of 50:98 feet to the. POINT. . co Thence North 61 °20'02" West, a distance of 1685.86 feet; . . . - -4== �fience-Nort"S°57'12.' West, a distance of 127.57 feet; U-) Thence.North 49°.19.49" West, a.distance of 93.34 feet; Thence North 32018'49" West, a distance of 178.91 feet; '-' Thence North 25°3227" West, a distance of 184.36 feet; o Thence North 06000'43" West, a distance of.118.58 feet;.: . • Thence North 22050'28" East, a distance -of 467.15 feet; Thence North 31 °2211 ". East, a distance of 93.05 feet; - C3 Thence North 40040'44" East, a distance of 1124.23 feet; Thence North 44°11'03" East, a distance of 181.77.feet; Thence North 5202018" East, a distance of *81.27 feet; Thence South 48°56'38" East; a distance of 3272.46 feet; . Thence South 09019'30" West, a distance of 329.60,feet; . Thence South 74°1421" West,.a distance of 1658.09 feet; . . Thence North 8404227" West, a distance of 125.75-feet to the POINT OF BEGINNING. PARCEL TWO An easement for the benefit of Parcel 1 as created. by. Drainage and.Irrigation Easement between Tradition Development Company, LLC and Reserve Homes Ltd.,.L.P. dated June. 30,.2.003 recorded in Official Records Book ,Page_ of the Public Records of St. Lucie. County; Florida over the lands described as the "Grantor Parcel" in said Drainage and Irrigation Easement, subject.to the terms; provisions and conditions set forth in said instrument. . FTL•982743:4 GROVE2: _1 ...._,.._Being..a parcel of land lying in Sections 28, 33, and 34, Township 36 South, Range 39 East and 96ction 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 th8 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 262830 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. M r_1 --minutes, *3 8-, seconds"W, along- sai&. righvof-way -a 'distance"Of '4812-.17 feet; thence 46"degrees LU CM es-25-s'ecufids -W a: digtgncie of Z1-5-1:;637fdet;'.'th S-43 degftes�--l-2,.Mihtttdg-,50:,seronds Yii_dig�fence of 464'T_8Tfeet; '!hen6e" --- 43 degrees 58 minutes 20 seconds E 'a --- distai6i_ff'12:82.29 LO 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; C3 thence N 24 degrees 54 minutes 09 seconds W a distance of 60.06 feet; thence N 01 degrees 49 C3 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 night-'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: )Tegm at a0briede-'s-'65fibe'd Point "'B"--,'-thence along the' sou easter y boundary of the above pai&el 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. 1himite's'51-s'e"66—ni -E a distaf ee'6T762.00"feet; thencFNl 60­d '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 139.00 feet; FTL:1058772:1 t„ i 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 first described above. TRACT 2, GROVE 2: Being a parcel of land lying in Sections 33 and 34, Township 36 South, Range 39 East, St. Lucie County, Flgrida, 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 13 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 of beginning of the following described parcel. Ln Thence continue North 43 degrees 08 minute 38 seconds West a distance of 1577.34 feet; thence South 46. degrees 51 minutes 22 seconds West a distance of 631.46 feet; thence South 17 degrees o 05 minnutes ' 14 seconds East a distance of 421.43 feet; thence South 01 degrees 49 minutes 23 a seconds West a distance of 1037.87 feet;. thence South 24 degrees 54 minutes 09 seconds East a o distance of 60.06 feet; .thence North 60 degrees 24 minutes 31 seconds East a distance of 793.61 feet; thence South 89 degrees 08 minutes 58 seconds East a distance of 318.77 feet to the POINT OF BEGINNING. FfL:1058772:1 EASEMENT NO. 1: An easement for.ingress. aril..egress 30.O�eet in widtli::lying-IS.-.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 right-of-way maps for State Road 9 (1-95) Section 94001-2412, dated 6/22/77, with last. revision of 9/11/79, said point being 15 feet westerly of the west toe of spoil lying 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 cc - 4 ---northwesterly;-15 --feet distance--from;-as measured at -right -angles -and parallel with the Q a'aid:toe`ofspoil. of, the--' ozTow -.CanaI"-t0-'a.Doint_.15.-. :feet southerly of,.,as :measured at a- nght 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; w 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 C3 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. co w Q �.n C_ Y 0 CK cm EXHIBIT.0 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; -thenceSouth 43026'41" 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 43°08'38" 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 46052'25" 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 45015'13" West, a distance of 400.02 feet; thence South 38044'44" 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 0.L..Peacock Canal; thence along the northerly top of bank of said O.L. Peacock Canal, the following courses and distances: South 75029'17" West, a distance of 65.34 feet; Thence South 72049'14" West, a distance of 56.76 feet; Thence South 74047'53" West, a distance of 186.47 feet; Thence South 74"19'03" West, a distance of.254.27 feet; Thence South 73021'27" West, a distance of 169.47 feet; Thence South 74055'09" West, a distance of 277.14 feet; Thence South 73051'40" West, a distance of 276.70 feet; Thence South 70057'21" West, a distance of 154.19 feet; Thence South 74'10'23" West, a distance of 128.57 feet; 000321610 0624/2003 m w rD Q 0 rn go Thence South 7200314" West, a distance.of 107.48'feet; Thence South 78034'38" 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 44046'02" 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 04013'20" 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. 00082161v1 06242003 a ;Y tn .a co In LO N Y Im Being a parcel of land lying in Sections 4, 5, 6, 7, 8, 9, 10, 15, 16, 17 and 18, Township 37 South, Range 39 East, St. Lucie County, Florida. Said parcel being more particularly described as follows: BEGIN at the intersection of the Easterly right-of-way line of State Road 609 and the Southeasterly right-of-way line of the Florida East Coast Railroad; thence South 00008'55". East along said Easterly right-of-way line, a distance of 156.88 _feet;. thence South 0000V15" East, a distance of 2906.07 feet;. thence departing said line North 89*58'14" West, a distance of 5508.96 feet more or less to. the Northerly top of bank of the O.L. Peacock canal; thence Northeasterly along said Northerly top of bank of the O.L. Peacock canal to its intersection with the Southwesterly right-of-way line of the South Florida Water Management District Canal No. C-24; thence Southeasterly along'said line to a`point in the North line of the plat of Port St. Lucie Section 35, as recorded in Plat Book 15,. Page 10, of the public records of St. Lucie County, Florida; thence Westerly along said line to -#he--Northwest-comer- of -said Plat, .thence Southerly along .the West line of -said :' � t:-to-th"outhwest=comer-of,said. - Iat ��e�e�Eastei# aloii the -south -line of ... P y 9. said. -plat to a point in the Westerly right-of-way line of State Road No. 9 (1-95); thence Southerly along the -Easterly right-of-way of State Road No. 9 (1-95) to a point, said point being on the Easterly prolongation of the North line of that certain parcel described in a special warranty deed to Metropolitan Life Insurance Company dated September 18, 1985, and recorded in Official Records Book 477 --�.--at pages 560 through-566-inclusivpublic-records-of-St: Lucie County, Florida; thence Westerly along said line- e and its Westerly prolongation thereof to a point in the Easterly right-of-way line of State Road No. 609; thence Northerly along said line to the POINT OF BEGINNING. ...... ... . Rev. 2-27-03.._....-.. Being a parcel of land lying in Sections 4, 5 and 6, Township 37 South, Range 39• .--East,­and Sections 28, 29, 31, 32, 33 and 34, Township 36 South, Range 39 . East, St. Lucie County, Florida.. Said parcel being more particularly described as follows— - BEGIN at the intersection of the. Easterly right-of-way line of State Road 609 and .the Southeasterly right-of-way line of. the Florida East Coast Railroad; thence South 00008'55" East along said Easterly right-of-way line, a distance of 156.88 feet; thence South 00°01'15" East, a distance of 2906.07 feet; thence departing said line North 89958'45" West, a distance of 5508.96 feet more or less to the . Northerly top of bank of the O.L. Peacock canal; thence Northeasterly along said Northerly top of bank of the O.L.. Peacock canal to its.intersection with the Southwesterly right-of-way line of the South Florida Water Management District Canal No. C724; thence Northwesterly.alorig said line to its intersection'with the Southeasterly right-of-way line of aforementioned Florida East Coast Railroad; _:--..-- Jhence_Southwestedy along said line to the POINT OF.BEGINNING. La °- Less and excepting there from that parcel of land known as the Peacock LO Cemetery Parcel as described in Official Records Book 369., Page 1166,. of the public records of St.. Lucie County, Florida. Y O t� o Rev.2-27-03. b EXHIBIT "F" 1. The easement rights referred to in Paragraph 3 of the Termination Agreement until the Outside Date. 2. Reservoir Restrictive Covenant and Access Easement Agreement dated effective as of June 30, 2003 and being recorded contemporaneously herewith. 3. The two Access Easement Agreements in favor of Duda each dated effective as of June 30, 2003 and being recorded contemporaneously herewith. 4. Easement Agreement (Road B) recorded June 6, 2002 in Official Records Book 1536, Page 1676, Public Records of St. Lucie County, Florida. L-- 00 %--1 5: Easement Agreement (Southern Grove Property to Gatlin Boulevard) recorded June 6, LU 2002 in Official Records Book 1536, Page 1703, Public Records of St. Lucie County, Q a Florida. Ln LIr 6. Conservation Easement Area Access Easement Agreement recorded June 6, 2002 in Y Official Records Book 1536, Page 1789, Public Records of St. Lucie County, Florida. 0 0 7. Reciprocal Access Easement Agreement recorded June 6, 2002 in Official Records o Book 1536, Page 1827, Public Records of St. Lucie County, Florida. 1 FTL:1058971:1 June 27, 2003