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Home My WebLink About2021-02-04 Easement Agreement Ft. Pierce Kings HwyReturn to: (enclose self-addressed stamped envelope) Name: Mark F. Grant, Esquire Greenspoon Marder P.A. 200 East Broward Boulevard, Suite 1500 Fort Lauderdale, Florida 33301 This Instrument Prepared by: Mark F. Grant, Esquire Greenspoon Marder P.A. 200 East Broward Boulevard, Suite 1500 Fort Lauderdale, Florida 33301 Property Appraisers Parcel I.D. (Folio) Numbers(s): JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY F LE # ."274C8 , :: 32 2C15.t SC:45 Apo 4 BCC { 3303 PAGE 2792 - 2327 Do,; Tyre: AGR RECZ RC.NG: `.530.50 EASEMENT AND DEVELOPMENT AGREEMENT Sf THIS EASEMENT AND DEVELOPMENT AGREEMENT ("Agreement') is made as of the � day of b2t' , 201_5, by and between JEFFREY FREEDMAN, whose address is 1901 Post Oak Park Drive, Apt. 7402, Houston, TX 77027 ("Commercial Owner") and ANYA GROUP, INC., a Florida corporation, whose address is 17 Harbour Isle Drive W, #405, Fort Pierce, Florida, 33949 ("Residential Owner"). WITNESSETH: WHEREAS, Commercial Owner is the owner of fee simple title to the real property legally described in Exhibit "A" attached hereto and made a part hereof (the "Commercial Property"); and WHEREAS, Residential Owner is the owner of fee simple title to the real property legally described in Exhibit "B" attached hereto and made a part hereof (the "Residential Property"); and WHEREAS, the Commercial Property and the Residential Property are the subject of a site plan known as "Indrio Crossings -Phase II" which was approved by the Board of County Commissioners of St. Lucie County, Florida Commission ("Commission") but which site plan, as same may have been modified, expired (the "Joint Site Plan"); and WHEREAS, the parties anticipate that the Commercial Property and the Residential Property will be developed at different times and each party will proceed independently from the other pursuant to separate site plans (each individually a "Site Plan" and collectively the "Site Plans"); and WHEREAS, in connection with the proposed development of the Commercial Property and the Residential Property, litigation arose in Case No. 09-CA-9422, in the Circuit Court of the Nineteenth Judicial Circuit in and for St. Lucie County, Florida (the "Lawsuit"), which Lawsuit was 9307777.12 settled by the parties entering into a mediation agreement dated September 19, 2011 (the "Mediation Agreement"); and WHEREAS, this Agreement is being entered into by the parties hereto pursuant to the Mediation Agreement; and WHEREAS, predecessors in title to the Commercial Property and the Residential Property and predecessors in title to property lying south of the Commercial Property and the Residential Property entered into that certain Easement Agreement dated May 1, 1998 and recorded on May 7, 1998 in Official Records Book 1143 at Page 2759 of the Public Records of St. Lucie County, Florida (the "Easement Agreement"); and WHEREAS, the Retention Pond described in the Easement Agreement is essentially the same property as in the "Detention Area" (as hereinafter defined), except that the Detention Area as legally described in this Agreement includes an expansion area within the Residential Property greater than the expansion area shown in the Easement Agreement; and WHEREAS, Commercial Owner is to be able to discharge storm water into a detention area ("Detention Area") for retention of storm water, which Detention Area is located on the Residential Property and real property adjacent thereto as set forth in the Easement Agreement, with the right of the Commercial Owner to increase the size of the pond within the Detention Area to accommodate storm water drainage from the Commercial Property to the extent allowed hereunder; and WHEREAS, the Detention Area is legally described on Exhibit "C" hereto and contains the Retention Pond therein which may be enlarged in accordance with this Agreement and the Easement Agreement; and WHEREAS, the Commercial Owner is desirous of obtaining from the Residential Owner non-exclusive perpetual easements to (i) enlarge the Retention Pond within the Detention Area, (ii) for the construction and maintenance of storm water drainage pipes, lines or swales (collectively, "Drainage Lines") from the Commercial Property to the Detention Area, (iii) for ingress and egress by persons and equipment for (i) and (ii) above, and to maintain the Detention Area and Drainage Lines, as applicable, pursuant to this Agreement and the Residential Owner is desirous of granting such non-exclusive perpetual easements; and WHEREAS, to serve the Commercial Property and the Residential Property, a lift station for sewage ("Lift Station") of sufficient capacity is to be located on the Residential Property together with (i) sanitary/waste water sewage lines ("Sewer Lines") from the Commercial Property to and connecting with the Lift Station to serve the Commercial Property and improvements to be constructed thereon and (ii) sanitary/waste water sewage lines from the Lift Station to public sanitary/waste water sewage lines ("the Sewer Line to Public Line"); and WHEREAS, the Commercial Owner is desirous of obtaining from the Residential Owner and the Residential Owner is desirous of granting to the Commercial Owner for the benefit of the Commercial Property and improvements thereon, non-exclusive easements for construction, repair and replacement of the Sewer Lines and the Sewer Line to Public Line to be located on the Residential Property and to connect such Sewer Lines to and use the Lift Station to serve the Commercial Property and improvements to be constructed thereon; and 2 9307777.12 WHEREAS, the parties hereto desire to set forth the respective obligations and responsibilities with respect to the construction, installation, maintenance and repair of the Detention Area, the Drainage Lines, the Lift Station, the Sewer Lines and the Sewer Line to Public Line and such other matters related thereto; and WHEREAS, the Commercial Owner and the Residential Owner are sometimes referred to collectively as "Owners" and individually as "Owner", as and where applicable; and WHEREAS, the Commercial Property and the Residential Property are sometimes referred to individually as "Property" or collectively as "Properties" as and where applicable. NOW, THEREFORE, in consideration of Ten dollars ($10.00) each to the other in hand paid, the receipt and sufficiency of which is hereby acknowledged and other good and valuable consideration, the parties agree as follows: 1. Recitations. The foregoing recitations are true and correct and are incorporated herein. 2. Detention Area Easement. Residential Owner does hereby grant to Commercial Owner for the benefit of the Commercial Property and the improvements constructed thereon, non- exclusive perpetual easements as follows: a. a non-exclusive perpetual easement over, under, through and across that portion of the Residential Property legally described in Exhibit "D" attached hereto and made a part hereof ("Drainage Line Easement") for the construction, installation, repair, and replacement of Drainage Lines (which to the extent possible shall be located underground, except for any portion thereof customarily located above ground) and flowage through the Drainage Lines of storm water from the Commercial Property to and through the Detention Area; b. a non-exclusive perpetual easement over, under, through and across the Detention Area for the construction and/or enlargement as necessary of the Retention Pond within the Detention Area to accept and accommodate storm water drainage from the Commercial Property and flowage and storage of such storm water from the Commercial Property within the Detention Area, and the Retention Pond located therein as such Retention Pond may be enlarged as provided in this Agreement to permit the development of the Commercial Property and the Residential Property in accordance with the expired Joint Site Plan or by any other substantially similar Site Plans approved by the applicable governmental authorities (meaning such similar Site Plans do not create a greater burden upon the Detention Area and the Retention Pond than the burden which would have existed pursuant to the expired Joint Site Plan); C. a non-exclusive perpetual easement for discharge, flowage and retention of storm water from the Commercial Property over, through, across and under the Detention Area and Retention Pond located therein; d. a non-exclusive perpetual easement over, though, under and across the Detention Area for the maintenance and repair of the Detention Area, if such maintenance 9307777.12 and repair of the Detention Area is to be performed by the Commercial Owner pursuant to this Agreement; and e. a non-exclusive perpetual easement for ingress and egress, by persons and equipment, over, through, across and under the Detention Area and the Drainage Line Easement and such other portion of the Residential Property to the extent reasonably necessary to perform the work and activities set forth in a, b, c and d above. Any facilities constructed underground pursuant to the foregoing shall be placed at a depth so as not to inhibit vehicular or pedestrian traffic across the easement area. The easements set forth above in this paragraph 2 shall be for the benefit and use of the Commercial Owner, its successors, assigns, contractors, subcontractors and suppliers to accomplish the work and activities required and contemplated by this paragraph 2. 3. Detention Area. a. The Commercial Owner shall be responsible for the cost and expense of construction (both hard costs and soft costs) that are incurred and necessary to enlarge the retention capacity of the Retention Pond within the Detention Area to accept storm water from the Commercial Property (and the development to be constructed thereon) as contemplated by this Agreement. All construction by the Commercial Owner or Residential Owner, as applicable, with respect to the Detention Area shall be performed in a good and workmanlike manner. The Residential Owner shall be entitled to enlarge the Retention Pond within the Detention Area at its sole cost and expense if such enlargement is required to accommodate storm water from the Residential Property in connection with the development of the Residential Property in accordance with the expired Joint Site Plan or any other substantially similar Site Plan approved by the applicable governmental authorities. The parties hereto agree that whichever of the Commercial Owner or the Residential Owner is first required to make use of the Detention Area to serve the Commercial Property or Residential Property, respectively and as applicable, such Owner shall be responsible to pay for all of the costs of maintenance, repairs and replacements to the Detention Area (being the Retention Pond under the Easement Agreement) (the "Properties Share") as required to be paid pursuant to Section 6 of the Easement Agreement; provided that at such time as the other Owner makes use of the Detention Area for its development, as between the Commercial Owner and the Residential Owner, each shall be responsible to pay one-half of the Properties Share that is due and payable pursuant to Section 6 of the Easement Agreement. b. Notwithstanding anything in this Agreement to the contrary, each of the Owners shall be solely and fully responsible for such costs caused by the negligence or other misuse of the Detention Area by that Owner or its agents. C. Any modifications to the Detention Area and Retention Pond located therein shall comply with all applicable governmental regulations, including those imposed by the South Florida Water Management District. d. Notwithstanding anything in this Agreement to the contrary, as to such portion of the Drainage Area that may be grass (not within the Retention Pond) or contains 4 9307777.12 other landscaping, the Residential Owner shall mow such grass and maintain the landscaping at its sole cost and expense. 4. Lift Station. a. The parties understand and agree that a Lift Station of sufficient size and capacity is to be constructed within that portion of the Residential Property that is legally described in Exhibit "E" attached hereto and made a part hereof ("Lift Station Site"), which Lift Station shall be designed to serve and shall serve both the Commercial Property and improvements to be constructed thereon and the Residential Property and the improvements to be constructed thereon based upon the expired Joint Site Plan or any other substantially similar Site Plans approved by the applicable governmental authorities (meaning such similar Site Plans do not create a greater capacity than the burden upon the Lift Station or greater capacity than the burden which would have been placed on the Lift Station by the Joint Site Plan). The Lift Station and appurtenances thereto and the Sewer Line to Public Line shall be constructed by whichever of the Commercial Owner or the Residential Owner is first to require the use of the Lift Station for the improvements to be constructed on such Owner's property (the "Constructing Owner"). The Constructing Owner shall pay all costs and expenses (both hard costs and soft costs) for the construction and installation of the Lift Station and appurtenances thereto and for the Sewer Line to Public Line (collectively, the "Lift Station Construction Costs"); provided, however, each Owner will pay for the construction, installation and repair of the sewer lines that will connect to the Lift Station to serve their respective Property at each Owner's sole cost and expense, except as set forth in Paragraph c below. The Constructing Owner shall be entitled to be reimbursed by the other Owner for one-half of all Lift Station Construction Costs prior to the other Owner first commencing use of the Lift Station. The Constructing Owner shall provide a billing statement to the other Owner for the other Owner's share of the Lift Station Construction Costs with reasonable backup information as to the Lift Station Construction Costs incurred and, within twenty (20) days of receipt of such billing statement and backup information, the other Owner shall reimburse the Constructing Owner such required portion of the Lift Station Construction Costs as billed prior to the other Owner first commencing use of the Lift Station. The parties agree that the Constructing Owner shall not be entitled to any interest on the funds expended for the construction of the Lift Station from any date prior to the commencement of construction of the Lift Station until the date that payment from the other Owner is required to be paid to reimburse the Constructing Owner as set forth above. b. The Constructing Owner shall maintain and repair the Lift Station and appurtenances thereto and the Sewer Line to Public Line at its sole cost and expense; provided, however, from and after such date that the other Owner first makes use of the Lift Station for such Owner's Property, the cost and expenses of the maintenance, repair and replacement of the Lift Station and appurtenances thereto and the Sewer Line to Public Line shall be shared equally by the Commercial Owner and Residential Owner by each paying one-half of such costs and expenses ("Lift Station Maintenance Costs"). The Constructing Owner shall continue to maintain and repair the Lift Station, unless such maintenance, repair and replacement is assumed by a governmental body, in which case the Constructing Owner's obligation to maintain, repair and replace the Lift Station and appurtenances thereto, including, but not limited to the repair and replacement of the Sewer Line to Public Line shall cease. Further, the parties reserve the right by amendment to this Agreement to change the Owner responsible for the maintenance of the Lift Station and appurtenances thereto and the 9307777.12 Sewer Line to Public Line. The Owner maintaining the Lift Station and appurtenances thereto and the Sewer Line to Public Line shall provide, from time to time, a billing statement to the other Owner for the Lift Station Maintenance Costs, together with reasonable backup information as to the Lift Station Maintenance Costs incurred and the other Owner shall pay its share of such billing statement within twenty (20) days after receipt of the billing statement. C. Notwithstanding anything to the contrary in this Agreement, with respect to the Sewer Line constructed and installed by the Commercial Owner, if in the future a sanitary/waste water line constructed and installed by the Residential Owner to serve the Residential Property is required to be connected to the Sewer Line constructed and installed by the Commercial Owner to serve the Commercial Property, the costs and expenses of maintaining and replacing such Sewer Line shall be shared equally by the Commercial Owner and Residential Owner for that portion of the Sewer Line that is used in common by both Owners ("Common Costs"); provided that the Commercial Owner shall continue to maintain and replace, if required, the commonly used portion of the Sewer Line, and shall provide, from time to time, a billing statement to the Residential Owner for its share of the Common Costs, together with reasonable backup information as to such Common Costs incurred, and the Residential Owner shall pay its share of the Common Costs to the Commercial Owner within twenty (20) days after receipt of the billing statement. 5. Lift Station Easements, Sewer Lines Easements, Sewer Line to Public Line Easement. a. Residential Owner does hereby grant to Commercial Owner for the benefit of the Commercial Property and the improvements to be located thereon non-exclusive perpetual easements as follows: i. if the Commercial Owner is the Owner to construct the Lift Station (a) a non-exclusive perpetual easement over, through, across and under the Lift Station Site for the construction, installation, repair, maintenance and replacement of the Lift Station and appurtenances thereto; and (b) a non-exclusive perpetual easement over, through, under and across that portion of the Residential Property described in Exhibit IT" attached hereto and made a part hereof ("Sewer Line to Public Line Easement") for the construction, installation maintenance, repair and replacement of the Sewer Line to Public Line; provided, however, that all equipment shall be located underground unless the nature of the equipment requires it to be located above ground or such equipment is customarily above ground. ii. a non-exclusive perpetual easement to construct, install, repair, and replace Sewer Lines over, through, across and under that portion of the Residential Property described on Exhibit "G" attached hereto and made a part hereof (the "Sewer Lines Easements") for the purpose of carrying sanitary sewage from the Commercial Property to the Lift Station. iii. a non-exclusive perpetual easement for flowage of sanitary sewage from the Commercial Property through the Sewer Lines, the Lift Station and the Sewer Line to Public Line. 6 9307777.12 iv. a non-exclusive perpetual easement for ingress and egress over, through, across and under the Lift Station Site, the Sewer Lines Easements, the Sewer Line to Public Line Easement and such other portions of the Residential Property to the extent reasonably necessary to perform the work and activities set forth in (i), (ii), and (iii) above. The easements set forth above in this paragraph 5 shall be for the use and benefit of the Commercial Property and the Commercial Owner, its successors, assigns, contractors, subcontractors and suppliers, to accomplish the work and activities required and contemplated by this paragraph 5. 6. Relocation of Drainage Lines, Lift Station, Sewer Lines and Sewer Line to Public Line. Notwithstanding anything in this Agreement to the contrary, an Owner shall have the right at any time to relocate the Lift Station, the Drainage Lines, the Sewer Lines and the Sewer Line to Public Line (collectively, the "Utilities") that are located on such Owner's Property to another location thereon, upon not less than thirty (30) days prior written notice to the other Owner; provided, however, that such relocation: a. shall not interfere with or diminish the service that such Utilities provide to the other Property; b. shall not reduce or impair the usefulness or function of such Utilities to the other Property; C. shall be performed without cost or expense to the other Owner; d. shall be completed using materials, equipment and design standards which equal or exceed those originally used for such Utilities; e. shall have been approved by the appropriate governmental or quasi - governmental authorities having jurisdiction; f. shall be performed pursuant to permits issued by the appropriate governmental or quasi -governmental authorities having jurisdiction; g. shall not interfere with the other easements granted pursuant to this Agreement; h. shall require that the Owner relocating any of such Utilities to first grant any and all required and necessary easements for such relocated Utilities to the other Owner, as applicable, as contemplated by this Agreement. The granting of any easements by the Owner relocating any Utilities in accordance with this paragraph shall be accomplished pursuant to an amendment to this Agreement; and in this respect the other Owner shall cooperate with the Owner relocating any of the Utilities in amending this Agreement. The cost to amend this Agreement shall be at the sole cost of the Owner relocating any of the Utilities. In addition, in connection with the relocation of the Utilities, the easement shall be modified to release the property where the Utilities had been located but which property will no longer contain any Utilities. 7 9307777.12 7. Plans and Specifications. All plans and specifications for the Lift Station and appurtenances thereto, the enlargement of the pond within the Detention Area, Sewer Lines and Sewer Line to Public Line (to be located on the Residential Property) are subject to the prior written approval of the Residential Owner which approval shall not be unreasonably withheld, delayed or conditioned. Further if the Residential Owner is the party to construct the Lift Station and appurtenances thereto and the Sewer Line to Public Line, the plans, specifications and calculations for same and the governmental application shall be delivered to the Commercial Owner simultaneously with their delivery to any governmental agency for such agency's review and approval. Further, any plans, specifications and calculations with respect to enlargement of the pond within the Detention Area by the Residential Owner and the governmental application shall be delivered to the Commercial Owner simultaneously with their delivery to any governmental agency for such agency's review and approval. 8. Cooperation by Owners and Conduct of Work. a. The Owners understand that the improvements to be constructed pursuant to this Agreement are necessary for the enjoyment by the Owners with respect to the development of their respective Property. Accordingly, the Owners agree to fully cooperate with each other in carrying out the terms and provisions of this Agreement and agree to execute such other documents as are reasonably necessary to carry out the intent and purpose of this Agreement; provided such Owner's liability or obligations under this Agreement and the improvements that such Owner plans to construct on its respective Property are not affected in any material and adverse manner, as determined by such Owner in its reasonable discretion. Such cooperation shall include revisions to or relocation of the easements granted herein in the event that such is required to meet the regulations of the applicable permitting authorities if said revisions to or relocation of said easements are necessary to accommodate construction in accordance with the expired Joint Site Plan or any other substantially similar Site Plan. It is understood that both the Commercial Owner (for the benefit of the Residential Owner) and the Residential Owner (for the benefit of the Commercial Owner) shall have the same responsibility in connection with any such required revisions or relocations. Each Owner upon request of the other Owner agrees to execute within twenty-one (21) days of request by the other Owner, such applications and/or documents which are necessary to obtain governmental and quasi -governmental approvals and/or permits for the improvements to be constructed as set forth in this Agreement to the extent that such Owner's execution of the applications and/or documents is required by the governmental bodies having jurisdiction. Additionally, should a notice of commencement need to be executed or is required to protect one or both Owners with respect to the improvements to be made pursuant to this Agreement, the applicable Owner agrees to execute such notice of commencement within three (3) Business Days if requested by an Owner and such notice of commencement may be filed in the public records of St. Lucie County, Florida. b. Conduct of Work. Notwithstanding anything in this Agreement to the contrary, with respect to any work performed by an Owner as permitted by this Agreement, such work shall be subject to the following: i. be performed pursuant to governmental approvals and permits, as appropriate; 8 9307777.12 ii. shall not unreasonably interfere with the conduct or operations of any business on the Commercial Property or residential uses on the Residential Property; and iii. the Owner performing such work shall upon completion of the work restore the portion of Property affected by such work to no less than the condition and appearance prior to such work being performed, except to the extent that such work required a change to such appearance or condition (for example, enlargement of the pond within the Detention Area). C. With respect to all construction to be performed on the Residential Property under this Agreement at the expense and responsibility of the Commercial Owner, Amir Greenfield ("Greenfield"), a principal of Residential Owner, shall have the right of first refusal to perform all or part of said construction as the general contractor thereon. Commercial Owner shall provide to Residential Owner (in accordance with the provisions of Paragraph 13 herein) the plans and specifications for such construction, along with a copy of the bid or contract that Commercial Owner intends to accept in connection with said construction. Greenfield will thereafter have twenty (20) days to give notice to Commercial Owner that Greenfield wishes to exercise the right of first refusal and perform the contract for the same amount and on the same terms and conditions as the successful bidder. This provision shall be effective only so long as Anya Group, Inc. owns the Residential Property; upon the sale or transfer of the Residential Property by Any Group, Inc., this provision shall become null and void. 9. Mechanic's and Materialmen's Liens. No Owner shall have the right, authority or power to render the other Owner or such other Owner's Property liable for any lien or right of lien for any labor, materials or other charge or expense incurred in connection therewith, to bind the other Owner or the other Owner's Property for any claim for labor or for material or for any other charge or expense incurred in construction of any improvements or performing any alteration, renovation, repair, refurbishment or other work as provided for in this Agreement. No Owner shall be considered the agent of the other Owner in the construction, erection or operation of any such improvements as provided for in this Agreement. If any liens or claims for labor or materials supplied or claim to have been supplied are filed against an Owner's Property for work that is being performed at the cost and expense of the other Owner, the other Owner shall release, discharge or bond off such lien within thirty (30) days after receiving notice of such lien from the Owner of the Property against which the lien was filed. 10. Non Terminable; Force Majeure. a. Non Terminable Agreement. No breach of the provisions of this Agreement shall entitle an Owner to cancel, rescind or otherwise terminate this Agreement, but such limitation shall not affect, in any manner, any other rights or remedies which either Owner may have hereunder by reason of any breach of the provisions of this Agreement. No breach of the provisions of this Agreement shall defeat or render invalid the lien of any mortgage made in good faith for value covering any part of the Properties and any improvements thereon. b. Force Majeure. In the event an Owner shall be delayed or hindered in or prevented from the performance of any act required to be performed by such Owner by reason of Acts of God, strikes, lockouts, unavailability of materials, failure of power, 9 9307777.12 prohibitive governmental laws or regulations, riots, insurrections, the act or failure to act of the other Owner, adverse weather conditions preventing the performance of work, war or other reason beyond such party's control, then the time for performance of such act shall be extended for a period equivalent to the period of such delay. Lack of adequate funds or financial inability to perform shall not be deemed to be a cause beyond the control of such ply. 11. Term. This Agreement and the easements, rights, obligations and liabilities created hereby shall be perpetual to the extent permitted by law. 12. Effect of Instrument. a. Mortgage Subordination. Any mortgage affecting any portion of the Properties shall at all times be subject and subordinate to the terms of this Agreement, except to the extent expressly otherwise provided herein, and any party foreclosing any such mortgage, or acquiring title by deed in lieu of foreclosure shall acquire title subject to all of the terms and provisions of this Agreement. b. BindingEEvery agreement, covenant, promise, undertaking, condition, easement, right, privilege, option and restriction relating to the Commercial Property and the Residential Property that is made, granted or assumed, as the case may be, by either party to this Agreement is made by such party not only personally for the benefit of the other party hereto but also as Owner of such Owner's Property and shall constitute an equitable servitude on the Property owned by such Owner appurtenant to and for the benefit of the other Property subject to this Agreement and shall run with the land. Any transferee of any part of the Properties shall automatically be deemed, by acceptance of the title to any portion of the Properties to have assumed all obligations of this Agreement relating thereto to the extent of its interest in its Property and to have agreed with the then Owner or Owners of all other portions of the Properties to execute any and all instruments and to do any and all things reasonably required to carry out the intention of this Agreement and the transferor shall upon the completion of such transfer be relieved of all further liability under this Agreement except liability with respect to matters that may have arisen during its period of ownership of the portion of the Properties so conveyed that remain unsatisfied. C. Non -Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of the Properties to the general public or for any public use or purpose whatsoever, it being the intention of the parties hereto and their successors and assigns and that nothing in this Agreement, expressed or implied, shall confer upon any person, other than the parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement. d. Responsibility. Notwithstanding anything to the contrary contained in this instrument, each party to this Agreement shall be liable and responsible for the obligations, covenants, agreements and responsibilities created by this Agreement. 13. Notice. All notices, requests, demands or other communications hereunder shall be in writing and deemed given (i) when delivered personally, (ii) when sent by confirmed facsimile or email transmission, (iii) on the day after said communication is sent via overnight courier, or (iv) on 10 9307777.12 the third day after said communication is deposited in the U.S. mail, by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Commercial Owner: With Copies To: If to Residential Owner: JEFFREY FREEDMAN 1901 Post Oak Drive Apartment 7402 Houston, TX 77027 Fax: Glenn N. Smith, Esq. Greenspoon Marder 200 East Broward Boulevard Suite 1500 Fort Lauderdale, FL 33301 Fax: (954) 333-4066 and Noreen S. Dreyer, Esq. Greenspoon Marder Unity One Building 145 N.W. Central Park Plaza Suite 200 Port St. Lucie, FL 34986 Fax: (772) 873-3110 Anya Group, Inc. c/o J. Stephen Tierney III, Esq. Neill Griffin Marquis 311 South 2nd Street Post Office Box 1270 Fort Pierce, FL 34950 Fax: (772) 464-2566 or to such other address as the parties may from time to time designate by notice in writing to the other parties. 14. Notice of Default. In the event of a default hereunder, the non -defaulting Owner shall take no action to enforce its rights hereunder until the expiration of thirty (30) days written notice to the defaulting owner of the alleged default and an opportunity to cure the default, or, in the event of a non -monetary default which cannot be cured within said thirty (30) day period, the breaching owner has commenced to cure the default within said thirty (30) days and shall diligently pursue such cure until completed. 15. Miscellaneous. a. If any provision of this Agreement, or portion thereof, or the application thereof to any person or circumstances, shall, to any extent be held invalid, inoperative or 11 9307777.12 unenforceable, the remainder of this Agreement, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby; it shall not be deemed that any such invalid provision affects the consideration for this Agreement; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. b. This Agreement shall be construed in accordance with the laws of the State of Florida. C. The paragraph headings in this Agreement are for convenience only, shall in no way define or limit the scope or content of this Agreement, and shall not be considered in any construction or interpretation of this Agreement or any part hereof. d. Nothing in this Agreement shall be construed to make the parties hereto partners or joint venturers or render either of said parties liable for the debts or obligations of the other. e. This Agreement shall be binding upon the parties hereto and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. This Agreement is a covenant running with the Properties. f. This Agreement may be amended, modified, or terminated at any time by a declaration in writing, executed and acknowledged by all of the Owners of Commercial Property and the Residential Property. g. This Agreement may be executed in one or more counterparts and as so executed shall constitute a single instrument. h. This Agreement shall be interpreted without regard to any presumption or rule requiring construction against the party causing this Agreement to be drafted. i. This Agreement embodies and constitutes the entire understanding between the parties and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement. j. Time is of the essence with respect to this Agreement. If any time period under this Agreement ends on a Saturday, Sunday, or legal holiday, the period shall be extended until 5:00 p.m. on the next day which is not a Saturday, Sunday or legal holiday. The term "Business Days" shall be any day that is not a Saturday, Sunday or legal holiday. k. The parties agree that upon written request of any Owner, the non -requesting Owner shall promptly provide to the requesting Owner or its designee, a certificate summarizing the status of the requesting Owner's obligations under this Agreement and stating whether the requesting Owner is in default of its obligations hereunder. No Owner shall be obligated to provide such a certificate more than two (2) times in any twelve month period. 12 9307777.12 1. The effective date of this Agreement shall be the date that this Agreement is fully executed by the parties and all holders of mortgages on any of the Properties have subordinated their mortgages to this Agreement. M. It is expressly agreed that no breach, whether or not material, of the provisions of this Agreement shall entitle an Owner to cancel, rescind or otherwise terminate this Agreement, but such limitation shall not affect, in any manner, any other rights or remedies which an Owner may have hereunder by reason of any breach of the provisions of this Agreement. n. The parties contemplate that this Agreement shall be recorded in the Public Records of St. Lucie County. o. Nothing herein shall be construed to indicate that Residential Owner has agreed to allow any other improvements to be made on the Residential Property other than the improvements described herein, unless such additional improvements are agreed to in writing by the Residential Owner. P. The Residential Owner may, at its sole expense, install one (1) "For Sale" sign on the Commercial Property for as long as the homes in the Residential Property are for sale, provided said sign shall be tasteful and attractive and acceptable to and at a location designated by Commercial Owner in its reasonable discretion and the Residential Owner shall have obtained all required governmental approvals and permits for same. If the entire Commercial Property is sold, Commercial Owner shall notify the purchaser that it is required to allow the For Sale sign on the Commercial Property in accordance with this paragraph. 13 9307777.12 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. Si - ed, ;d!) ed and del'i� red in the prnce Print Name -/ ame• - STATE OF COUNTY OF ) 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 instrument was acknowledged before me by Jeffrey Freedman, freely and voluntarily. He is personally knn!_wn_�to me or has produced as identification. WITNESS my hand and official sea[ in th ounty and State last aforesaid this day of 2015 Notary Publi �, My Commission Expires: Print Name: P�j 1P (Z (YlC� � fc- Woo CATWERINE ANNE MCGEE Notary Puoilc, State of Texas My Cornmieelon Expires July 02. 2015 to 14 9307777.12 Signed, sealed and delivered in the presence of: 1-1 STATE OF ;ID A/A' ) COUNTY OF, C ,lc,14g;7- ) ss RESIDENTIAL OWNER ANYA 0 By: f' Print Name: Title: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County resaid to take aclmowledgm ts, the foregoing instrument was aclmowledged before me by ' >� �=! -7� as � (-;N rof Anya Group, Inc., a Florida corporation not -Air -profit, freely and voluntarily under authority duly vested in him/her. HelShe is personally known to me or has produced)?-,,4 � y� C-s as identification. WITNESS ,any hand and official seal day of W &e2:,t.�-- . 201r . in My Commission Expires: •"""""• '- J. STEPHEN TIERNEY III # EE 178569 �; MY COMMISSION EXPIRES: April 20, 2016 UndenxAtere .f Banded 7hru No1Mry publl 15 9307777.9 Zooty and State last aforesaid this-`� �me: / :4 DESCRIPIION & SIMM PREPARED FOR; JEFFREY FREEDMAN COMMERCIAL PROPERTY LEGAL DESCRIPTION: A PARCEL OF LAND SITUATE IN SECTION 13, TOWNSHIP 34 SOUTH. RANGE 39 EAST. ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. - COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THAT CERTAIN 25 FOOT ROAD R 1 GHT-OF-i111Y AS RECORDED IN OFF 1 C I AL RECORD BOOK 849, PAGE ;17-28 OF THE PUBL I C RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE WEST LINE OF THAT CERTAIN 20 FOOT ROAD RIGHT -OF WAY AS RECORDED IN OFFICIAL RECORD BOOK 585, PAGE 1449-1451 OF THE PUBLIC' RECORDS. OF ST. LUCIE COUNTY, FLORIDA; THENCE 380'38'500W ALONG SAID SOUTH LINE, A DISTANCE OF 779.80 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 08141'58' WEST DEPARTING SAID SOUTH LINE. A DISTANCE OF 108.63 FEET; THENCE SOUTH 89'28'07' EAST, A DISTANCE OF 110.74 FEET; THENCE SOUTH 00.38'11' WEST, A DISTANCE OF 487.09 FEET; THENCE SOUTH 89'S9'RIB' WEST, A DISTANCE OF 49.11 FEET; THENCE SOUTH 44'59'58' WEST, A DISTANCE OF $1.71 FEET; THENCE NORTH 45'00'02" WEST. A DISTANCE OF 288.56 FEET; THENCE NORTH 75.00'02' WEST, A DISTANCE OF 192.22 FEET TO A POINT BEING A POINT ON THE EAST RIGHT-OF-WAY OF SUNSHINE STATE PARKIMkY (FEEDER ROAD, STATE ROAD 713). SAID POINT BEING ON A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1849.80 FEET AND A RADIAL NEARING OF SOUTH 74.54'37' EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13.06'14" AND AN ARC DISTANCE OF 423.07 FEET TO THE SAID SOUTH LINE OF THAT CERTAIN 25 FOOT RIGHT-OFAMY; THENCE NORTH 89.58'46' EAST. DEPARTING SAID EAST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 216.87 FEET TO THE POINT OF BEGINNING. CONTAINING: 194,859 SQUARE FEET OR 4.473 ACRES, MORE OR LESS. SURVEYOR'S NOTES: 1. THIS DRAWING 19 NOT A SURVEY. 2. NO SEARCH OF THE PLELIC RECORDS HAS BEEN MADE BY THIS OFFICE. 3. SKETCH IS DERIVED FROM A BOUNDARY SLIRVEY PREPARED BY NAM, PALBICKE A ASSOCIATES. INC. DATED: 4-01-05, JOB NWiBERs AGM0401, LAST REVISION DATE: 3-02-06, 4. THE DESCRIPTION !!KETCH AND THE DESCRIPTION TEXT COMPRISE THE CaMftETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION. IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER. S. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY ALEXANDER J. PIAZZA PSM, INC. S. DATE OF LEGAL DESCRIPTION* 4-13--14 ALEXANDER J. PIAZZA P=. NC. 4 Aet ff4 i 2 � i: ALEX&NIM J. PI PROFESSIONAL SURVEYOR AND NIPPER FLORIDA CERTIFICATE No. 6334 ALEXAMM A PIAZZA PSK INQ Surveying • Mapping • Consulting 019 SW Bntmon Str+e t Port SL UP01% F1oMdc 34M Phone: (772) 340-7770 Faso (772) 340-2280 Ks\RWDJCN0\INDRIOO4OSSIPI �pNO\14-17 .ONO FLD FIB P& JOB 14-1745 Ow EAJP JAI DATE 4-15-14 CKD "MT 1 3, DW A-101 4/IS/,2014 SSS:13 AM 4 AA 41I�A�M— _ A j4 d —3 DESCRIPTION & SKETCH PREPARED FOR: JEFFREY FREEDMAN COMMERCIAL. PROPERTY R Jvc ff) INDR10 ROAD LOCA71ON MAP NOT TO SCALE ALEXAMM A PIAZZA P8K NQ Surveying • Mapphw • Conad.tin3 019 SW 8limors Strad Port St. Lug FWdo 34063 Phone 7M 340-7M ..■.�..w Fax (772) 340-2250 A MR# 0 0` 0111 IN93\01M14-r745M. ON F& NI. JOB 14-1746 CJ11 DATE 4—la-14 AJP SMW 2 OF 3 DNS A-101 8:56:21 AM tj .2 ._ 01-. DE 10M & SKETCH PREPARED FOR: JEFFREY FREEDMAN COMMERCIAL PROPERTY LEGEND' DE ' DRAINAGE EASEMENT DB DEED BOOK ORB OFFICIAL RECORD BOOK PB PLAT BOOK PCB POINT OF BEGINNING POC POINT -OF COMIrENCEAENT SR STATE ROAD DE DRA 1 N1GE EASEMENT RN R I GHT-W-WKY ut UTILITY EASEMENT V, • t��w,4'�Q� �,tQ�'CQ)� Q PcB18-1'Q/ Q5@1' OQ P$89 o CMMERCI RO0 L RT�, 7i oj NOT PLATTED 60' R/w MIRAMAR AVENUE SOUTH LINE OF 25' ROAD R XROAD R/IN 8 649, PG 27-28) bp, NOT PLATTED ell LLJ m a� zb 0 Lq 0 80' AMAMM A PIAZZA PM IN WW K' �IilA1DJDIE'J�f NDRIOCA09$lAg9�DNfi�14-17�Q:iff?.0111I .surming • Mapping •. Consulting R' f119 Sw BRtmon Strait nD F9 P0. LIP+ 4-1.745 Pat St. Lu" Flo *W 34M Phano: (772) 340-7770 f�FF CJAI -15-14 Foy (773) 340-Z211D *uWm CIID AJP 3 3A-107 K'\RUDDJONESVNDRIO CR0SSWS\DWG\14-1745SK2,dwg, 4/15/2014 8:5T34 AM r.am D___wnm & SKETCH PREPARED FOR: JEFFREY FREEDMAN RESIDENTIAL PROPERTY LEGAL DESCRIPTION: A PARCEL OF LAND SITUATE IN SECTION 13, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THAT CERTAIN 25 FOOT ROAD RIGHT -OF -MY AS RECORDED IN OFFICIAL RECORD BOOK 649, PAGE 27-20 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY. FLORIDA AND THE WEST LINE OF THAT CERTAIN 20 FOOT ROAD RIGHT -OF -MY AS RECORDED IN OFFICIAL RECORD BOOK 563. PAGE 1449-1451 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 00-02*030 EAST, ALONG SAID WEST LINE, A DISTANCE OF 595.01 FEET; THENCE SOUTH 89'59'S8" WEST. DEPARTING SAID WEST LINE, A DISTANCE OF.091.35 FEET: THENCE NORTH 00*38*110 EAST, A DISTANCE OF 487.09 FEET; THENCE NORTH 89'26'07" WEST, A DISTANCE OF 110.74 FEET; THENCE NORTH 08041'S8" EAST, A DISTANCE OF 108.85 FEET TO THE SOUTH LINE OF SAID 25 FOOT ROAD RIGHT -OF -AY; THENCE NORTH 89'56'50" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 770.80 FEET TO THE POINT OF BEGINNING. CONTAINING: 420,898 SQUARE FEET OR 9.662 ACRES; MORE OR LESS., SURVEYOR'S NOTES: 1. THIS DRAWING 13 NOT A SURVEY.. 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 3. SKETCH IS DERIVED FROM A BOUNDARY SURVEY PREPARED BY WAGER, PALBICKE d:ASSOC iATES. INC. DATED: 4-01-05, 40 . NUMBERs AGM0401, LAST REVISION DATE: 3-02-08. 4. THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT C.OMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER. S. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVVM AND MAPPER EMPLOYED BY ALEXANDER J. PIAZZA PSM, 1Nr. 8. DATE OF LEGAL DESCRIPTION: 4-15-14 ALEXANDER J. PIAZZA PSM, NO. ALEXANDER J. PI PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE No. d= "JEAMER A PIAZZA P91K Ir Q Survo*g • Mgpping • Consulting 819 SW BAtmara Street Port St. Luole, Florida 34M Phone: (M 340-7770 � Fria (772) 340-2250 �+ K:\RtIDOJQN:S�IIVORfOplOft.41NOr9'�,OIIli�14-174QSIOi.DNO . 1� FYG Fa m ' 14-1745 OAF' CJAI DATE 4-15-14 cxv AJP SHEET 1 .O>F 3 DW A-100 445a024 8:43:36 AM a RESIDENTIAL PROPERTY LOCA71ON ASAP NOT TO SCALE ALEXAIIaER A PIAZZA PSA W " SAD x� J fNDRIOCAD�481NCiS�DW0�i4-174ffSiti.f7ffq �Yhg - �ppbg • Consulting 010 ON Otmon Strad RD F8 FIL JOB 14-1745 Part SL Luola/ Florida 34083 Phone ) 340-=7770 � CA aTE 4-1a-14 Fee ) 340-2Z5Q CKp A�/P � 2 W 3 ON A-100 &44.53 AM o ft cle�cRlPnoN a SKEM PREPARED FOR: JEFFREY FREEDMAN RESIDENTIAL PROPERTY LEGEND: DE - DRAINAGE EASEMENT D8 - DEED BOOK ORB - OFFICIAL RECORD BOOK PB - PLAT BOOK P013 - POINT OF BEGINNING POC - POINT OF COMMENCEMENT PUDE - PUBLIC UTILITY AND DE - DRAINAGE EASEMENT R/MI - R 1 OW-OF--VY�AY UE - UTILITY EASEMENT NOT PLATTED 0 m T GO- R/W MIRAMAR AVENUE SOUTH LINE F 28' ROAD R%W S' ROAD R/W ORB 049. PO 27-28) NOT PLATTED ALE:XAN A PIAZZA FISK NQ ara*g • McpPM9 • Consulting 819 SW Intma a Stmet Part St. Lvc* Florida 34983 Phorw: (M340-7770 I = `7M 340-2250 K RLIDDJONESYNDWO RNTIAL PROPERTy W z� Uq W 8D' K:\mvDjmAm\Iwm1 OCROf91NOS�DNO\14-f 7485Ki .OHO Fa PQ 'W 14-1748 CJM DATE 4-10-14 . AJP S4QT 3 OF 3 IRW A-100 2014 BA7:45 AM N ...Ar,-3....... DE. CRIPTION & . SKm PREPARED FOR: JEFFREY FREEDMAN DETENTION AREA LEGAL DESCRIPTION: A PARCEL OF LAND SITUATE IN SECTION 13. TOWNSHIP 34 SOUTH, RANGE 3e EAST, ST. LUCIA COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THAT CERTAIN.25 FOOT ROAD RIGHT-#--IfAY AS RECORDED IN OFFICIAL RECORD BOOK 849, PAGE 27 28 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE WEST LINE OF THAT CERTAIN 20 FOOT ROAD RIGHT-OF-*Y AS RECORDED IN OFFICIAL RECORD BOOK 588, PAGE 1449-1451 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.; THENCE SOUTH 00-020030 EAST, ALONG SAID WEST LINE. A DISTANCE OF 505.81 FEET; THENCE SOUTH 89'59158' WEST. DEPARTING SAID WEST LINE. A DISTANCE OF 15.84 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89'59'58' WEST, A DISTANCE OF 574.84 FEET: THENCE NORTH 44'55'58' EAST, A DISTANCE OF 51.96 FEET TO THE POINT ON A NON -TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 30.00 FEET FROM WHICH A RADIAL LINE BEARS NORTH 72'3253' WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17'27'07', A DISTANCE OF 9.14 FEET; THENCE NORTH 00'00'00' EAST, A DISTANCE OF 52.78 FEET TO THE POINT .OF TANGENCY OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 25.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90.00100% A DISTANCE OF 39.27 FEET; THENCE SOUTH 90*00,000 EAST, A DISTANCE OF 344.01 FEET TO THE POINT OF TANGENCY OF A CURVE CONCAVE SOUTHERLY HIVING A RADIUS OF 30.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34'50'29', A DISTANCE OF 30.40 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 50.00 FEET; .THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34'50'290, A DISTANCE OF 30.40 FEET; THENCE SOUTH 90100100' EAST, A DISTANCE OF 79.00 FEET TO THE POINT OF TANGENCY OF A CURVE CONCAVE SOUTHERLY HIVING A RADIUS OF 31.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89'311'29% A DISTANCE OF 48.44 FEET; THENCE SOUTH 00'28'31' EAST, A DISTANCE OF 74.88 FEET TO THE POINT OF BEGINNING. CONTAINING: 64,171 SQUARE FEET OR 1.473 ACRES. MORE OR LESS. SURVEYOR'S NOTES: 1. THIS DRAWINO IS NOT A SURVEY. 2. NO SEARCH OF.THE PUBLIC RECORDS HIS BEEN MADE BY THIS OFFICE. 3. SKETCH IS DERIVED FROM A BOUNDARY SURVEY PREPARED BY HAGER, PALBICKE & ASSOCIATES., INC,. DATED: 4-01-06. JOB NWER: AGMO401, LAST REVISION DATE: 3-02-00. 4. THE DESCRIPTION. SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER. 6. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY ALEXANDER J. PIAZZA PSM. INC. 6. DATE OF LEGAL DESCRIPTION: 4-13-14 ALEXANDER J. PIAZZA PSM, J NO. ALEXANDER J: PIAM dvw PROFESSIONAL.SURVEYOR AND MAPPER FLORIDA CERTIFICATE No. 6330 ALEXA AM. A PIAZZA PSK INC SurV**g • Mapping • Consulting ale SW 811tmore Street Part St Lads. Florida 349M Phone: (772) 340-7770 1� For. (772) 340-2230 K: V=WQ4ES11NORIOCRMINOs\M\14-17 .= FLD IPa Pa I Joe 14-1745 off CJM DATE 4-18--14 ow AJP I SHW 1 OF 3 1 DW A-102 4/16/1014 7:43:19 AM mobso - AESCRIP I & SKETCH PREPARED FOR: JEFFM FREEDMAN DETENTION AREA 5N, M1 RAMAR AVENUE SITE I NDR'I 0 ROAD LOCATION MAP NOT TO. SCALE ALEXAIiDER A RAM P81K NC. S+maying . Mapping . Consulting 819 SW I9ltmore Street Port .St. Lucie, Florida 34983 Phone: ("2) 340-7770 Fa:c (772) 340-2230 MW d 0 K: \WJWJMS\1NMI 00A0691WS\0W\14-1749SKJ, On FLD F& PCB 'W 14-1745 OFF CJM DATE 4-18-14 CKD AJP &W Z OF 3 JOW A-102 4/ WO14 7 44:22 AM DESCRiPT10N &SKETCH PREPARED FOR: JEFFREY FREEDMAN DETENTION AREA LEGEND: DE - DRAINAGE EASEMENT DB DEED BOOK ORB OFFICIAL RECORD BOOK PB PLAT BOOK POO POINT OF BEGINNING POC POINT OF COMMENCEMENT PUDE - PUBLIC UTILITY AND DE - DRAINAGE.EASEMENT R/W - RIGHT-OF-41RY UUEE s UTILITY EASEMENT 6D' R/W MIRAMAR AVENUE So �JTH LINE 28 ROAD R/W �5' ROAD R/W ORB 649. PPG 27-28) NOT PLATTED DETENTION AREA NOT PLATTED ALEXANM A PIAZZA PSK la, K'Vnmr�,rorrc�rr Iaar#assrx� 14—i�+esrc.�.crr� Surveying • Mapping • Consulting 610 SW Oltmwe Street FW Fa PCn X8 14-1745 Part St. Lucie, FlarWo 34983 Phone; (772) 340-7770 lOFr Cim a>F 4-15-14 FWC (772) 340-2230 CKD AJP SHW 3 OF 3 DWG. A-102 KARUDDIONESUNDR10 CR0SSINGS\DWG41.4-1745SK3.dwg, 4/16=14 7.45:30 AM DL�SCFI�P'il! ar SKETCH PREPARED FOR: JEFFREY FREEDMAN DRAINAGE LINE EASEMENT LEGAL DESCRIPTION: A PARCEL OF LAND SITUATE IN SECTION 13, TOWaHIP 34 StWTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE ,OF THAT CERTAIN 25 FOOT ROAD RIGHT -#-MY AS RECORDED IN OFFICIAL RECORD BOOK Q48, PAGE 27-20 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE WEST LINE OF THAT CERTAIN 20 FOOT ROAD RIGHT-W-ARY AS RECORDED IN OFFICIAL RECORD BOOK 583, PAGE 1449-1481 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 00.02143" EAST. ALONG SAID WEST LINE, A DISTANCE OF 695.81 FEET; THENCE SOUTH 89'59'58' WEST DEPARTING SAID WEST LINE, A DISTANCE OF 691.35 FEET; THENCE NORTH 00238'11' EAST; A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00.38'11' EAST, A DISTANCE OF'20.00 FEET; THENCE NORTH 89'59'S8' EAST, A DISTANCE OF 125.54 FEET; THENCE SOUTH 44'55'58' WEST, A DISTANCE OF 28.23 FEET; THENCE SOUTH 89159'58' WEST. A DISTANCE OF 105.01 FEET TO THE POINT OF BEGINNING. CONTAINING: 2,314 SQUARE FEET OR 0.053 ACRES, MORE OR LESS. SURVEYOR'S NOTES: 1. THIS DRAWING IS NOT A SURVEY. 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEER MADE BY THIS OFFICEo 3.-SKETCH IS DERIVED FROM.A BOUNDARY SURVEY PREPARED BY MCER, PALSICKE & ASSOCIATES. IND. DATE4. THE DESCRIPTION PT ION SKETCH � :T �DF�SCRI Phi �f i�EXIT IONDATE: E THE C�OMP.LETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER. a. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY ALEXANDER J. PIAZZA PSM, 1ND. S. DATE OF LEGAL DESCRIPTION: 4-15-14 ALEXANDER J. PIAZZA PSI, NC. ALEXANDER J.r PIAM PROFESSIONAL SURVEYOR AND MAPPER FLORICA CERTIFICATE No. 8=0 ALEi(AN M A PWM Pam, NMC, K'\RUDDJCMM\INDRICMMIN=\VWi\14 174=4.DMBi Surveying • Mapping • Conel9ftV 819 SW BUtmoro Street FLD AL PQ JOB 14-1741i Part SL L ft FlaEdo 34M Phone (772) 340-7770 OFF Cim WE 4-15-44 Fafo (772) 340-2250 CkD AJP Sal 1 OF 3 OW A-103 KARUDD)ONESuNDR10 CR0SWIMDWG\14-1745SK4.dwq, 4/16/2014 7:1&02 AM I n w� 0 SKEMH PREPARED Ftft JEFFM FREEDMAN DRAINAGE LINE EASEMENT /_ WR WR AVENUE INDRIO ROAD LOCATION MAP NOT TO SCALE AL,EXX141�ER A PIAZZA PW BNQ. "'° ".'Woorc S mybg • Mapping Consulting RIF Ole Sw Bnt"Wo street FLO Port SL Luck Florldo 34M Phones (775� 340-7771i ow WN -*UWM Fay C"2) W-naD AJP Q is W O niwe10=es1NW\0W\f —f7 .VW Fa PC. roe 14-174a DATE 4-1s-14 SNW 7 OF 3 ONA-103 AM bPM r. DE PTiON & al(E I PREPARED FOR: JEFFREY FREEDMAN DRAINAGE LINE EASEMENT LEGEND: DE - DRAINAGE EASEMENT DO - DEED BOOK ORS - OFFICIAL RECORD BOOK PB - PLAT BOOK POB - POINT OF BEGINNING POO - POINT OF COMMENCEMENT PUDE - PUBLIC UTILITY AND DE - DRAINAGE EASEMENT R I GMT -OF -MY UE - UTILITY EASEMENT g MIRAMAR AVENUE c 80' R/W SO ROAD R/W 1 S ROAD R P ' OR 649, PC 27-28) NOT PLATTED b s L W C ' IQ DRAINAGE LINE EASEMENT 3.00,3" 8'11'E NOT PLATTED ALEXANMER A PIAZZA PSG ETC. 9 . MaPPling . omsultlhg 819 Sw BAtmom shill Pvt 9L U to FloiW 34963 Phonea (772) 34o-777Q *1� Fou (772) 340-2280 F K: �DJ01�8\I NDRI QC,Y9O981NCI'61\ON�1hi FiD PR PIL 14-1748 OFF CJw MTF 4-15-14 Cim AJP SW3 4F 3 OWq A-103 4AS12014 7:20:17 AM �, � DESCRIF'1m # omm PREPARED FOR: JEFFREY FREEDMAN UFT STAVON SITE LEGAL DESCRIPTION: A PARCEL OF LAND SITUATE IN SECTION 13, TOWNSHI:P 34 SOUTH. RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THAT CERTAIN 25 FOOT ROAD RIGHT -OF -MY AS RECORDED IN OFFICIAL RECORD BOOK 849, PAGE 27 28 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY,, FLORIDA AND THE WEST LINE OF THAT CERTAIN 20 FOOT ROAD RIGHT--OF-MY AS RECORDED IN OFFICIAL RECORD BOOK 685, PAGE 1449-1451 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY. FLORIDA; THENCE SOUTH 89.58150" WEST ALONG SAID SOUTH LINE. A DISTANCE OF 008.02 FEET; THENCE SOUTH 00'01'10" EAST, DEPARTING SAID SOUTH LINE, A DISTANCE OF 84.70 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 25'26'08" EAST, A DISTANCE OF 35.00 FEET; THENCE SOUTH 84'33'52" WEST, A DISTANCE OF 30.00 FEET: THENCE NORTH 25'26'08" WEST, A DISTANCE OF 35.00 FEET; THENCE NORTH 04'33'82" EAST. A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING: 1.050 SQUARE FEET OR 0.024 ACRES, MORE OR LESS. SURVEYOR'S NOTES: 1. THIS DRAWING IS N 2. NO SEARCH OF THE 3. SKETCH 19 DERIVED 4. THE DE THE LE 5. THIS 0. DATE OF : RECORDS HAS BEEN MADE BY THIS OFFICE. A BOUNDARY SURVEY PREPARED BY HAGER. PALBICKE & ASSOCIATES, INC. IBERs AGAMI . LAST REVISION DATE: 3-02-06. AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. 9 NOT VALID UNLESS BOTH A=WAW EACH OTHER. IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL LIAISED SEAL OF 1YOR AND MAPPER EMPLOYED BY ALEXANDER J. PIAZZA PSM. INC. ALEXANDER J. PIAZZA PSM, NC. 64t 92� ALEXANDER J. PIA PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE No. e330 ALEXANDER J. PIAZZA P81K INC. Sung • Mlapping • Consulting 019 SW BUtmore Street Port St. Ud% F kd& 34983 Phone: (772) 340-7770 *2�r,.s.,, Fast (772) 340-Z M !<: �DJQNES\IIIDRIOCf1088f NfN3`pWr>\14—f 7i0S!(O.DYRi FW FIL PG. JOB 14■-1745 OFF EAJP JM DATE "4-14 CND SET 1 OF 3 OW A7106 4/24/2014 9'09:SO AM DEgCRI rm & SKM PREPARED FORT JEFFREY FREEDMAN LIFT STATION SITE LOCATION MAP NOT TO SCALE AL,EXANDER A PIAZZA MA 'W Surve*g • mapping • Consulting rzEF 819 sw Utrnore strut FW Port St. UW% Florida 34083 Phone (M) 340-7770 CJN *�� Fair (772) 340-"Q pip ._.e CC 1f153 f NG8%0M \14-1745W. VW FA S1W 2 AM Pp. 'W 14-1745 iMTE 3-24-1 �4 OF J DWG A-100 firs. �+•�•. .r DFS011IPTa1N & SKEICN PREPARED FOR: JEFFREY FREEDMAN LIFT STATION SITE 1 LEGEND: DE DEED�BODIC EASEMENT - RECORD BOOK PB - PLAT BOOKCIAL POI OF BCOWEEMINCEEIENT � - NET PUDE - PUBLIC UTILITY AND N DE - DRAINAGE EASEMENT, R/VY - R IGHT-OF-MY 4 r- UUEE - UTILITY EASEWNT _ MIRAMAR AVEN T SO' R/W LSB9*5IrS(r W 601LOW - 23' ROAD R/VII ORB 649, PG 27-28) N84W, OB T I .32 Am' WE ALEXAIIDER A PIAZZA PSK INC. G"D«:�u°c�o�rl�DRrac�srr�a�:�-.f��awce.r,No SurA*q • Mopping • Calaultbg �' 610 SW BlIrnwe Street FLO FIL POLL JOB 14->1745 Port 9L Ludo, Florida 349W Phow (772) 340-7770 OFF CJM DA7>: 3-,24-f 4 F'ma (*Lopm 340-Z2lSO CKO AJP ' MW 3 OF 3 DItC: A-f Od ,RUDDJONESVNDRIO CROSSINGSUMG\14-17455KUW9, 4/24/2014 9A5:10 AM x e bdlfl�..� --& SKETCH PREPARED FOR: JEFFREY FREEDMAN SEWER LINE TO PUBLIC LINE EASEMENT LEGAL DESCRIPTION: A PARCEL OF LAND SITUATE :IN SECTION 139 TOWMSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMIMENCINO AT THE INTERSECTION OF THE SOUTH LINE OF THAT CERTAIN 25 FOOT ROAD RIGHT-OF-iM4Y AS RECORDED IN OFFICIAL RECORD BOOK 649, PAGE 27 28 OF. THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE WEST LINE OF THAT CERTAIN 20 FOOT ROAD RIGHT-OF-%Y AS RECORDED IN OFFICIAL RECORD BOOK 585, PAGE 1440-1451 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 890581500 WEST ALONG SAID SOUTH LINE, A DISTANCE OF 573.04 FEET TO THE, POINT OF BEGINNING; THENCE SOUTH 00'00'00' EAST, DEPARTING SAID SOUTH LINE, A DISTANCE. OF 101.31 FEET; THENCE SOUTH 64'33'52' WEST, A DISTANCE OF 24.43 FEET; THENCE NORTH 25426'08' WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH 84'33'52" EAST, A DISTANCE OF 22.09 FEET; THENCE NORTH 00'00'00" EAST, A DISTANCE OF 75.22 FEET TO THE SAID SOUTH LINE OF A 25 FOOT ROAD RIGHT-0E-WAY; THENCE NORTH 89'58'50' EAST ALONG THE SAID SOUTH LINE, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. CONTAINING: 2,022 SQUARE FEET OR 0.046 ACRES, MORE OR LESS. SURVEYOR'S NOTES: 1. THIS DRAWING IS NOT A SURVEY, 2, NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE.. 3. SKETCH IS DERIVED FROM A BOUNDARY SURVEY PREPARED BY RACIER. PALBICKE d:ASSOCIATES, INC. DATED: 4-01-00, JOB NUMBER: AGM0401 LAST REVISION DATE: 3-02-08. 4. THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS. BOTH ACCOMPANY EACH OTHER. 5. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY ALEXANDER J. PIAZZA PSM, INC. 6. DATE OF LEGAL DESCRIPTION: 4-15-14 ALEXANDER J. PIAZZA PSM, NC. ALEXANDER J, PIAM PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE No. 6330 W NM A PLAM PSM. INC veying • Mapping • Consulting 619 SW BNtmore Street FLD FR IaR JOB 14-1748 Part St Luck, Florida 3083 Phone: (772) 340-7770 Off' CJAi DATE 4-15-14 � Fay (772) 340-2250 : AJP SW 1 OF 3 DPIG A-104 IC\RL1DDI0NESVNDR10 CR0S51NGS\DING\14.1745SK5.dwg, 4/16l2014 7.23.11 AM ESMIFMON & SKM PREPARED FOR: JEFFREY FREEDMAN SEWER LINE TO PUBLIC LINE EASEMENT r / MIRAMAR. AVENUE INORIO ROAD LOCATION MAP NOT TO SCALE AllEXANDER I PIAZZA p$K UVC„I*UWM x' ar r► roct srnrax t4-.f»sx�.or+fc Surveying • Mapping • Consulting REF 619 SW 8Ntmore Street FW P� JOB 14-1745 Part St. Ucle, Florldo 34983 Phone: (772) 340-7770 OFF CJM JDAW 4-13-14 Fax: (772) 340-221i0 AJP -NW 2 OF 3 � CKQ A-f 04 KARUDD)ONESVNDRIO CR0S5SNGSIDWGU4-1745SX%dwg, 4/16/2014 7:25:41 AM r r4 0 IP ION $ H PREPARED FOR: JEFFREY FREEDMAN SEWER LINE TO PUBLIC LINE EASEMENT LEGEND: DE DRAINAGE EASEMENT DB DEED BOOK ORB a OFFICIAL RECORD BOOK Pe PLAT POO POINT OF BEGINNING POO - POINT OF COMMENCEMENT PUDE - PUBLIC UTILITY AND DE - DRAINAGE EASEMENT RIW U6 - R I GHT-OF- iRY UE - UTILITY EASEMENT ._ MIRAMAR AVENUE N89B'50" b so' R/W 18. 25'j ROAD R%W �N 18.0OBS81}'5V500W 573.040 per cV 5' ROAD R ?ORB 649. PG27--28) IAj 2 o 0 � m ALEXANDER A PIAZZA PSL% INC. Surveying • Mapping • Consulting 819 SW Blltmare Street Pot SL Ludes Rarldo 34083 Phone: (772) 340-7770 *0� Fa c (772) 340-2250 K:\RWO M AINDRIOMMIN 14-1745=.OW Fw FI1 PR JOB 14-1741 OF CJM DATE 4-1J-14 CJO7 AJP SHEET 3 OF 3 OW A-104 4/16/2014 7:2638 AM DES01UPTON a SKM PREPARED FOR: JEFFREY FREEDMAN SEWER LINES EASEMENT LEGAL DESCRIPTION: A PARCEL OF LAND SITUATE IN SECTION 13, TCIR NIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THAT CERTAIN 25 FOOT ROAD RIGHT -OF- kY AS RECORDED IN OFFICIAL RECORD BOOK 049. PAGE 27-28 OF THE PUBLIC RECORDS OF ST. LUCIE'COUNTY, FLORIDA AND THE WEST LINE OF THAT CERTAIN 20 FOOT ROAD RIGHT-OF-WNY AS RECORDED IN OFFICIAL RECORD BOOK 885. PAGE*1449-1451 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. THENCE SOUTH 89.148'50" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 085.83 FEET; THENCE .SOUTH 00'O1'10" EAST. DEPARTING SAID SOUTH LINE. A DISTANCE OF 108.52 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89'28'07" EAST, A DISTANCE OF 55.99 FEET; THENCE SOUTH 25'28'08" EAST, A DISTANCE OF 22.25 FEET; THENCE NORTH 89'28'07" WEST, A DISTANCE OF 65.74 FEET: THENCE NORTH 00'33'53" EAST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINMG: 1,217 SQUARE FEET OR 0.028 ACRES. MORE OR LESS. SURVEYOR'S NMS: 1. THIS DRAWING IS NOT A SURVEY. 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN At1DE BY THIS OFFICE. 3. SKETCH IS DERIVED FMN A BOUNDARY SURVEY PREPARED BY HALER, PALBICKE 6 ASSOCIATES.,. INC. DATED: 4-01-03 JOB NUMBER: AGM0401 LAST REVISION DATE: 3-02-00. 4. THE DESCRIPTIOIS SKETCN AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER. 5. THIS.LEGAL DESCRIPTION 13 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY ALEXANDER J. PIAZZA PSM. :tND. 8. DATE OF LEGAL DESCRIPTION: 441-14 ALEXANDER J. PIAZZA PSM, NC. ALEVANDERJ.'PIAM PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE No. 8330 ALEXMM A PIAZZA PM NQ L swve*g • Mwlnq • Consulting GIs SW Ntmwo Shoat Port St. LUo1% Florida 34983 Phan: (772) 340-7770 .s....� Farr(772) 340-2250 14-17485K7.VAD Fa P0. JOB 14-1745 CJM a17E 4-15-14 AJP 1-%W 1 OF 3 IDW A-100 9:02.143 AM It � If +� ++ DEBCRIP'no" & :KETCH PREPARED FOR: JEFFREY FREEDMAN SEWER LINES EASEMENT LOCATION MAP NOT TO SCALE ALE (jkf4= +a PIAZZA pft laGD a:\4000Jaft-s\►MlelC1 9s4►MW\VA\14-174=7.= Swvoylng ' MaPPbg • ConsuItbg w' 619 sw atmom sbvo FW FA Pit 09 14�-1740 Port 3L t Flarida 34983 PlWo ) 340-7M OFF cim aTE4-15-14 Fay 340-?�4 pip AJP 2 OF 3 � A-100 +� M �s raw.+.�..s DESCRP1ION & PREPARED FOR. JEFFM FREEDMAN SEWER LIVES EASEMENT LEGEND: DE - DRAINAGE EASEMENT DB - DEED BOOK ORB - OFFICIAL RECORD BOOK PB , PLAT BOOK POB , w POI14T OF BEGINNING POC - POINT OF COMwENCEMENT PUDE - PUBLIC UTILITY AND DE • DRAINAGE EASEMENT R/W RIGHT-OF-YIb1Y UE - UTILITY EASEMENT SO �1TH LINEQQ�� 23 ROAD RX S89"S8'SO"W 8aus P RB - ,p, ROAD649. G ROG (U27-28) ,.� W r _ .as o o l _ w ALEXANDER A PIAZZA FISK BBC: -%rw*g • Mappinq • consulting 619 SW ammor4 Stunt Port St. LucK fkwW 34983 Phones (772 340-7770 *m� Fmc (772) 340-3 'x50 Ks VUDJMAM\INDRIOMM IMMZ9\=0\1411740SKT.OIIQ FB P0: JOB 14-1745 CJAI DATE 4-13-14 AJP SI'W 3 GF 3 DWG A-100