2023-O-15 - Serenity Springs RZ5/9/2023 10:26:35 AM Instrument #2023093366 #1 Book:8403 Page:4193
ORDINANCE NO.2023-0-15
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM VOLUSIA COUNTY A-2
(RURAL AGRICULTURE) AND VOLUSIA COUNTY A-3
(TRANSITIONAL AGRICULTURE) TO MIXED USE
PLANNED UNIT DEVELOPMENT FOR 32.09�1: ACRES OF
CERTAIN REAL PROPERTY LOCATED EAST OF
COW CREEK ROAD AND NORTH OF S.R. 442,
EDGEWATER, FLORIDA; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEWATER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
findings of fact and determinations:
I . Joseph H. Hopkins is the applicant on behalf of Serenity Springs, LLC, owner of
property located East of Cow Creek Road and north of S.R. 442. Subject property contains
approximately 32.09f acres.
2. The applicant has submitted an application for a change in zoning classification
from Volusia County A-2 (Rural Agriculture) and Volusia County A-3 (Transitional
Agriculture) to Mixed Use Planned Unit Development (MUPUD) for the property described
herein.
3. On March 8, 2023, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification.
4. The proposed change in zoning classification is consistent with all relevant goals,
objectives and policies of the Edgewater Comprehensive Plan.
S. The proposed change in zoning classification is not contrary to the established
land use pattern and is compatible with existing and proposed uses in the adjacent area.
d. The proposed change in zoning classification will not adversely impact public
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facilities and meets the Concurrency Management System requirements in Article XI of the
Land Development Code.
7. The proposed change in zoning classification will not have an adverse effect on
the natural environment.
$. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA.
The zoning classification for the property described in Exhibit "A" is hereby changed from
Volusia County A-2 (Rural Agriculture) and Volusia County A-3 (Transitional Agriculture) to Mixed
Use Planned Unit Development (MUPUD) (attached and hereto incorporated as Exhibit "B")
PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF
EDGEWATER, FLORIDA.
The GIS Technician is hereby authorized and directed to amend the Official Zoning Map
of the City of Edgewater, Florida, to reflect the change in zoning classification for the above
described property.
PART C. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
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this ordinance or any provisions thereof shall be held to be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E. RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Volusia. County, Florida.
PART F. EFFECTIVE DATE.
'this Ordinance shall take place upon adoption.
PART G. ADOPTION.
PASSED AND DUIAY ADOPTED this day of J4—� 2023.
Diezel DePew, Mayor
&TTESjT-1",'
0
Bonnie Zlotnik, (WC, City Clerk
Passed on first reading on the day of 2A
REVIEWED AND APPROVED:
Aaron R. Woke—&A'ty Attorney
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EXHIBIT "A"
LEGAL DESCRIPTION
NORTH PARCEL:
PARCEL 1: A PORTION OF U.S. LOT 4, SECTION 5, TOWNSHIP I8 SOUTH, RANGE 34
EAST, LYING EASTERLY OF THE FLORIDA EAST COAST RAILWAY AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF U.S. LOT 4, SECTION 5, TOWNSHIP 18,
SOUTH, RANGE 34 EAST, SAID POINT BEING A 1/2 INCH ELECTRICAL METAL TUBING
PIPE BEING A CERTIFIED CORNER #0005904; THENCE SOUTH 21 DEGREES 27 MINUTES 28
SECONDS EAST ALONG THE EASTERLY LINE OF SAID U.S. LOT 4 A DISTANCE OF 210.57
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 21 DEGREES 27 MINUTES
28 SECONDS EAST ALONG THE EASTERLY LINE OF U.S. LOT 4 A DISTANCE OF 519.10
FEET;THENCE SOUTH 72 DEGREES 02 MINUTES 08 SECONDS WEST A DISTANCE OF 772.20
FEET TO THE EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY-
EDGEWATER CUT OFF, A 100 FOOT RIGHT-OF-WAY AS NOW LAID OUT; THENCE NORTH
17 DEGREES 57 MINUTES 52 SECONDS WEST ALONG SAID EASTERLY RIGHT-OF-WAY A
DISTANCE OF 590.00 FEET; THENCE NORTH 72 DEGREES 02 MINUTES 08 SECONDS EAST A
DISTANCE OF 737.18.FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE
EASTERLY 50 FEET THEREOF AND TOGETHER WITH THE RIGHT TO USE A 60 FOOT ROAD
AND UTILITY EASEMENT DESCRIBED AS FOLLOWS: A PORTION OF LOTS 4, 5, AND 6,
LYING EASTERLY OF AND PARALLEL TO THE FLORIDA EAST COAST RAILWAY - EDGE
WATER CUT OFF, AND NORTHERLY OF STATE ROAD #442, ALL BEINGI MORE
PARTICULARLY DESCRIBED AS FOLLOWS: AS A POINT OF REFERENCE, COMMENCE AT
THE NORTHEAST CORNER OF U.S. LOT 4, SECTION 5, TOWNSHIP 18 SOUTH, "NGE 34
EAST SAID POINT BEING A 1/2 INCH ELECTRICAL METAL TUBING PIPE BEING CE TIFIED
CORNER #0005904; THENCE SOUTH 21 DEGREES 27 MINUTES 28 SECONDS EAST, ALOA G
THE EAST LINE OF SAID U.S. LOT 4, A DISTANCE OF 801.67 FEET HENCE' SC UTH 12.
DEGREES 02 MINUTES 08 SECONDS WEST, A DISTANCE OF 713.20 FEET FOR THE POINT Of
BEGINNING; THENCE SOUTH 17 DEGREES 57 MINUTES 52 SECONDS EAST ALONG •A LINE
THAT IS 60 FEET EASTERLY OF AND PARALLEL WITH SAID FLOfZJDA EAST COAST
RAILWAY - EDGE WATER CUT OFF, A DISTANCE OF 3071.11 FEET TO -THE NORTHERLY
RIGHT-OF-WAY OF STATE ROAD #442; THENCE SOUTH 79 DEGREES 02—Ml Ut'ES 02.5
SECONDS WEST ALONG SAID NORTHERLY RIGHT-OF-WAY OF STATE ROAD I#442, A
DISTANCE OF 60.45 FEET; THENCE NORTH 17 DEGREES 57 MINUTES 52 SECONDS WEST
ALONG THE SAID EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY, A
DISTANCE OF 3063.74 FEET; THENCE NORTH 72 DEGREES 02 MINUTES 09 SECONDS EAST,
A DISTANCE OF 60.0 FEET TO THE POINT OF BEGINNING. RESERVING AN EASEMENT FOR
ROAD AND UTILITY PURPOSES OVER THE WESTERLY 60 FEET OF THE ABOVE DESCRIBED
PARCEL 1, MEASURED AT RIGHT ANGLES TO THE WESTERLY LINE OF SAID PROPERTY
AS DESCRIBED IN OFFICIAL RECORDS BOOK 4644, PAGES 1726 AND 1727, PUBLIC
RECORDS OF VOLUSIA COUNTY, FLORIDA.
SOUTH PARCEL:
PARCEL 1:
A PORTION OF U.S. LOT 5, SECTION 5, TOWNSHIP 18 SOUTH, RANGE 34 EAST, LYING
EASTERLY OF THE FLORIDA EAST COAST RAILWAY AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
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AS A POINT OF REFERENCE COMMENCE AT THE NORTHEAST CORNER OF U.S. LOT 4,
SECTION 5, TOWNSHIP 18 SOUTH, RANGE 34 EAST, SAID POINT OF COMMENCEMENT
BONG A 1/2 INCH ELECTRICAL METAL TUBING PIPE BONG CERTIFIED CORNER NO.
0005904; THENCE SOUTH 21 DEGREES 27 MINUTES 28 SECONDS EAST ALONG THE
EASTERLY UNE OF U.S. LOT 4 A DISTANCE OF 801.67 FEET; THENCE SOUTH 72 DEGREES
02 MINUTES 08 SECONDS WEST A DISTANCE OF 50.09 FEET; THENCE SOUTH 21 DEGREES
27 MINUTES 28 SECONDS EAST A DISTANCE OF 733.03 FEET FOR THE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 21 DEGREES 27 MINUTES 28 SECONDS EAST
A DISTANCE OF 674.98 FEET; THENCE SOUTH 69 DEGREES 32 MINUTES 00 SECONDS WEST
A DISTANCE OF 809.67 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF THE
FLORIDA EAST COAST RAILWAY EDGEWATER CUT-OFF, A 100 FOOT RIGHT-OF-WAY AS
NOW LAID OUT; THENCE NORTH 17 DEGREES 57 MINUTES 52 SECONDS WEST ALONG
SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 709.07 FEET THENCE NORTH 72
DEGREES 02 MINUTES 08 SECONDS EAST A DISTANCE OF 767.77 FEET TO THE POINT OF
BEGINNING. TOGETHER WITH THE RIGHT TO USE A 60 FOOT ROAD AND UTILITY
EASEMENT DESCRIBED AS FOLLOWS: A PORTION OF LOTS 4, 5 AND 6, LYING EASTERLY
OF AND PARALLEL TO THE FLORIDA EAST COAST RAILWAY EDGEWATER CUTOFF AND
NORTHERLY OF STATE ROAD #442, ALL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
AS A POINT OF REFERENCE COMMENCE AT THE NORTHEAST CORNER OFU.S. LOT 4,
SECTION 5, TOWNSHIP 18 SOUTH, RANGE 34 EAST, SAID POINT OF COMMENCEMENT
BONG A 1/2 INCH ELECTRICAL METAL TUBING PIPE BONG CERTIFIED CORNER NO.
0005904; THENCE SOUTH 21 DEGREES 27 MINUTES 28 SECONDS EAST ALONG THE
EASTERLY LINE OF U.S. LOT 4 A DISTANCE OF 801.67 FEET; THENCE SOUTH 72 DEGREES
02 MINUTES 08 SECONDS WEST, A DISTANCE OF 713.20 FEET FOR THE POINT OF
BEGINNING; THENCE SOUTH 17 DEGREES 57 MINUTES 52 SECONDS EAST, ALONG A LINE
THAT IS 60 FEET EASTERLY OF AND PARALLEL WITH THE SAID FLORIDA EAST COAST
RAILWAY EDGEWATER CUTOFF, A DISTANCE OF 3,071.11 FEETTO THE NORTHERLY R/W
OF STATE ROAD #442; THENCE SOUTH 79 DEGREES 02 MINUTES 02.5 SECONDS WEST
ALONG SAID NORTHERLY R/W OF STATE ROAD #442 A DISTANCE OF 60.45 FEET; THENCE
NORTH 17 DEGREES 57 MINUTES 52 SECONDS WEST ALONG THE EASTERLY R/W OF THE
FLORIDA EAST COAST RAILWAY, A DISTANCE OF 3,063.74 FEET; THENCE NORTH 72
DEGREES 02 MINUTES 08 SECONDS EAST, A DISTANCE OF 60.00 FEET TO THE POINT OF
BEGINNING. LESS AND EXCEPT THAT CERTAIN RECTANGULAR PARCEL, GENERALLY
DESCRIBED AS: A PORTION OFU.S. LOT 5; SECTION 5, TOWNSHIP 18 SOUTH, RANGE 34
EAST, LYING EASTERLY OF THE FLORIDA EAST COAST RAILWAY AND BONG MORE
PARTICULARLY DESCRIBED AS FOLLOWS: AS A POINT OF REFERENCE COMMENCE AT
THE NORTHEAST CORNER OF U.S. LOT 4, SECTION 5, TOWNSHIP 18 SOUTH, RANGE 34
EAST, SAID POINT OF COMMENCEMENT BONG A 1/2 INCH ELECTRICAL FETAL TUBING
PIPE BONG CERTIFIED CORNER NO. 0005904; THENCE SOUTH 21 DEGREES 27 MINUTES 28
SECONDS EAST ALONG THE EASTERLY LINE OF U.S. LOT 4 A DISTANCE OF 801.67
FEET;THENCE SOUTH 72 DEGREES 02 MINUTES 08 SECONDS WEST A DISTANCE OF 50.09
FEET THENCE SOUTH 21 DEGREES 27 MINUTES 28 SECONDS EAST A DISTANCE OF 1408.01
FEET; THENCE SOUTH 69 DEGREES 32 MINUTES 00 SECONDS WEST A DISTANCE OF 809.67
FEETTO A POINT ON THE EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST COAST
RAILWAY, A 100 FOOT RIGHT-OF-WAY AS NOW LAID OUT; THENCE NORTH 17 DEGREES
57 MINUTES 52 SECONDS WEST, ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF
215.00 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUE NORTH 17 DEGREES 57
MINUTES 52 SECONDS WEST, ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF
210.00 FEET THENCE NORTH 72 DEGREES 02 MINUTES 08 SECONDS EAST, A DISTANCE OF
519.00 FEET;THENCE SOUTH 17 DEGREES 57 MINUTES 52 SECONDS EAST, A
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DISTANCE OF 210.00 FEET; THENCE SOUTH 72 DEGREES 02 MINUTES 08 SECONDS WEST, A
DISTANCE OF TO THE POINT OF BEGINNING.
Also known as: 1561 Cow Creek Road, Edgewater, Florida 32132
Parcel Identification Number 8405-00-00-0130
PARCEL 2:
A PORTION OF U.S. LOTS 4 AND 5, SECTION 5, TOWNSHIP 18 SOUTH, RANGE 34 EAST
LYING EASTERLY OF THE FLORIDA EAST COAST RAILWAY AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
AS A POINT OF REFERENCE COMMENCE AT THE NORTHEAST CORNER OF U.S. LOT 4,
SECTION 5, TOWNSHIP 18 SOUTH, RANGE 34 EAST, SAID POINT OF COMMENCEMENT
BEING A 1/2-INCH ELECTRICAL METAL TUBING PIPE BEING CERTIFIED CORNER NO.
0005904; THENCE SOUTH 21 DEGREES 27 28" EAST ALONG THE EASTERLY LINE OF SAID
U.S. LOT 4, A DISTANCE OF 801.67 FEET; THENCE SOUTH 72 DEGREES 02* 08" WEST A
DISTANCE OF 50.09 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 21 DEGREES 27
28" EAST A DISTANCE OF 733.03 FEET; THENCE SOUTH 72 DEGREES 02' 08" WEST A
DISTANCE OF 767.77 FEET TO A POINT ON THE EASTERLY RIGHT -OF WAY OF THE
FLORIDA EAST COAST RAILWAY EDGEWATER CUT-OFF, A 100-FOOT RIGHT-OF-WAY AS
NOW LAID OUT; THENCE NORTH 17 DEGREES 57 52* WEST ALONG SAID EASTERLY
RIGHT-OF-WAY A DISTANCE OF 731.67 FEET;THENCE NORTH 72 DEGREES OZ 08" EAST A
DISTANCE OF 723.11 FEET TO THE POINT OF BEGINNING. THE WESTERLY 60.00 FEET OF
THE ABOVE -DESCRIBED PROPERTY SUBJECT TO A ROAD AND UTILITY EASEMENT.
TOGETHER WITH THE RIGHT TO USE A 60-FOOT ROAD AND UTILITY EASEMENT
DESCRIBED AS FOLLOWS: A PORTION OF LOTS 4, 5 AND 6, LYING EASTERLY OF AND
PARALLEL TO THE FLORIDA EAST COAST RAILWAY EDGEWATER CUT-OFF AND
NORTHERLY OF STATE ROAD #442, ALL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: AS A POINT OF REFERENCE COMMENCE AT THE NORTHEAST CORNEROF U.S.
LOT 4, SECTION 5, TOWNSHIP 18 SOUTH; RANGE 34 EAST, SAID POINT BEING A 1/2-INCH
ELECTRICAL METAL TUBING PIPE BONG CERTIFIED CORNER #0005904; THENCE SOUTH 21
DEGREES 27 28" EAST ALONG THE EAST LINE OF SAID U.S. LOT 4, A DISTANCE OF 801.67
FEET;THENCE SOUTH 72 DEGREES OZ 08" WEST, A DISTANCE OF 713.20 FEET FOR THE
POINT OF BEGINNING; THENCE SOUTH 17 DEGREES 57 52" EAST ALONG A LINE THAT IS 60
FEET EASTERLY OF AND PARALLEL WITH THE SAID FLORIDA EAST COAST RAILWAY
EDGEWATER CUT-OFF, A DISTANCE OF 3071.11 FEET TO THE NORTHERLY RIGHT-OF-WAY
OF STATE ROAD #442; THENCE SOUTH 79 DEGREES 02' 02.5" WEST ALONG SAID
NORTHERLY RIGHT-OF-WAY OF STATE ROAD #442, A DISTANCE OF 60.45 FEET; THENCE
NORTH 17 DEGREES 57 52" WEST ALONG THE EASTERLY RIGHTOF-WAY OF STATE ROAD
#442, A DISTANCE OF 60.45 FEET; THENCE NORTH 17 DEGREES 57 52" WEST ALONG THE
EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY, A DISTANCE OF
3063.74 FEET; THENCE NORTH 72 DEGREES 02' 08" EAST, A DISTANCE OF 60.00 FEET TO
THE POINT OF BEGINNING.
SUBJECT TO AND TOGETHER WITH A PERPETUAL EASEMENT FOR NON-COMMERCIAL
PURPOSES IN FAVOR OF STEPHEN C HALL AND BARBARA S. HALL, HIS WIFE, AND THEIR
HEIRS AND ASSIGNS, AND DAVID L. BIDDULPH AND BERNA SUE BIDDULPH, HIS WIFE,
AND THEIR HORS AND ASSIGNS, FOR THE PURPOSE OF FISHING, BOATING, AND
RECREATION IN THE EXISTING LAKE LOCATED ON THE FOLLOWING -DESCRIBED
PROPERTY:
A PORTION OF U.S. LOTS 4 AND 5, SECTION 5, TOWNSHIP 18 SOUTH, RANGE 34 EAST
LYING
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EASTERLY OF THE FLORIDA EAST COAST RAILWAY AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
AS A POINT OF REFERENCE COMMENCE AT THE NORTHEAST CORNER OF U.S. LOT 4,
SECTION 5, TOWNSHIP 18 SOUTH, RANGE 34 EAST, SAID POINT OF COMMENCEMENT
BEING A 1/2-INCH ELECTRICAL METAL TUBING PIPE BEING CERTIFIED CORNER #0005904;
THENCE SOUTH 21 DEGREES 27' 28" EAST, ALONG THE EASTERLY LINE OF SAID U.S. LOT
4, A DISTANCE OF 801.67 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUE SOUTH
21 DEGREES 27 28" EAST, A DISTANCE OF 1030.01 FEET; THENCE SOUTH 68 DEGREES 32"
00" WEST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 21 DEGREES 27 28" EAST, A
DISTANCE OF 361.83 FEET; THENCE SOUTH 69 DEGREES 32' 00" WEST, A DISTANCE OF
809.61 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST
COAST RAILWAY EDGEWATER CUT-OFF, A 100-FOOT RIGHT-OF-WAY AS NOW LAID OUT;
THENCE NORTH 17 DEGREES 57 52" WEST ALONG SAID EASTERLY RIGHT-OF-WAY, A
DISTANCE OF 1441.76 FEET;TF BEGINNING. LESS AND EXCEPT THE EASTERLY 50 FEET.
Also known as: 1531 Cow Creek Road, Edgewater, Florida 32132
Parcel Identification Number: 8405-00-00-0131
PARCEL 3:
A PORTION OF U.S. LOT 5; SECTION 5, TOWNSHIP 18 SOUTH, RANGE 34 EAST, LYING
EASTERLY OF THE FLORIDA EAST COAST RAILWAY AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: AS A POINT OF REFERENCE COMMENCE AT THE NORTHEAST
CORNER OF U.S. LOT 4, SECTION 5, TOWNSHIP 18 SOUTH, RANGE 34 EAST, SAID POINT OF
COMMENCEMENT BEING A 1/2 INCH ELECTRICAL METAL TUBING PIPE BONG CERTIFIED
CORNER NO. 0005904; THENCE SOUTH 21 DEGREES 27MINUTES 28 SECONDS EAST ALONG
THE EASTERLY LINE OF U.S. LOT 4 A DISTANCE OF 801.67 FEET; THENCE SOUTH 72
DEGREES 02 MINUTES 08 SECONDS WEST A DISTANCE OF 50.09 FEET THENCE SOUTH 21
DEGREES 27 MINUTES 28 SECONDS EAST A DISTANCE OF 1408.01 FEET; THENCE SOUTH 69
DEGREES 32 MINUTES 00 SECONDS WEST A DISTANCE OF 809.67 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY, A 100 FOOT RIGHT-
OF-WAY AS NOW LAID OUT; THENCE NORTH 17 DEGREES 57 MINUTES 52 SECONDS WEST,
ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 215.00 FEET FOR THE POINT OF
BEGINNING; THENCE CONTINUE NORTH 17 DEGREES 57 MINUTES 52 SECONDS WEST,
ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 210.00 FEET THENCE NORTH 72
DEGREES 02 MINUTES 08 SECONDS EAST, A DISTANCE OF 519.00 FEET; THENCE SOUTH 17
DEGREES 57 MINUTES 52 SECONDS EAST, A DISTANCE OF 210.00 FEET; THENCE SOUTH 72
DEGREES 02 MINUTES 08 SECONDS WEST, A DISTANCE OF 519.00 FEET TO THE POINT OF
BEGINNING.
Also known as: 1535 Cow Creek Road, Edgewater, Florida 32132
Parcel Identification Number: 8405-00-00-0132
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EXHIBIT"B"
MIXED USE PLANNED UNIT DEVELOPMENT (MUPUD)
AGREEMENT
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SERENITY SPRINGS MIXED USE PLANNED UNIT DEVELOPMENT (MUPUD)
AGREEMENT
THIS AGREEMENT is made and entered into this day of , 202_
by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose
mailing address is P.O. Box 100, 104 N. Riverside Drive, Edgewater, Florida 32132, (hereinafter
referred to as "City") and, Serenity Springs, LLC, whose mailing address is 1555 Cow Creek
Road, Edgewater, Florida 32132 (herein after referred to as "Property Owner"). The purpose of
this Agreement is to define the terms and conditions granting the development approval of the
subject property.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set
forth herein and other good and valuable consideration, the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 32.09 +/- acres located at 1555 Cow
Creek Road, in Edgewater, Volusia County, Florida. The legal description of the property is
attached hereto as Exhibit "A" - Legal Description. The record owner of the subject property is
Serenity Springs, LLC.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be thirty (30) years and run with the land. The
Developer shall commence construction as defined by the Master Development Plan dated July
2022 (Exhibit "B") within twenty-four (24) months following the effective date of this
Agreement. Developer's failure to initiate construction within the timeframe identified herein
shall result in the City's termination of the Agreement. The Agreement may be extended by
mutual consent of the governing body and the Developer, subject to a public hearing.
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MUPUD Agreement
Instrument #2023093366 #10 Book:8403 Page:4202
Commencement of construction means to begin performing onsite and offsite modification,
fabrication, erection or installation of a sewer collection and transmission facilities for the
discharge of wastewater from the subject property to the City's wastewater treatment facility and
on -site and offsite modification, fabrication, erection or installation of a transmission system for
the conveyance of potable water . Land clearing and site preparation activities related to this
construction are not included herein; however, before undertaking land clearing activities, other
permits for stormwater discharges from the site may be required. Final approval shall include,
but not be limited to utilities, stormwater, traffic, fire rescue, hydrants, law enforcement,
environmental, solid waste containment, and planning elements.
3. DEVELOPMENT STANDARDS
Serenity Springs is an existing recovery center that provides treatment and housing for
patients seeking independence from drug and alcohol addiction. The facility is partially
developed and operational as depicted in the Master Development Plan Development. The
Property is subject to the terms of this Agreement and in accordance with the City of
Edgewater's current Land Development Code (LDC). Final project approval of the planned
improvements may be subject to change based upon final environmental, permitting, and
planning considerations and/or Federal and State regulatory agencies permit requirements.
a. ExistingDevelopment evelopment (Vested)
The subject property consists of four (4) individual parcels of land that will be combined
into one legal standing parcel as a condition of this agreement. The subject property is
partially developed as depicted in the Master Development Plan. The property includes
two (2) large lakes, five (6) existing structures, an improved vehicular parking area and a
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MUPUD Agreement
Instrument #2023093366 #11 Book:8403 Page:4203
paved basketball court. The main office provides administrative services, counseling,
meal preparation, dining and housing for patients. There is only one (1) resident hall
located on the property which provides recreational activities and group meeting facilities
and one gym that provides recreational activities and group meeting facilities. There are
three (3) minor structures on the site that are used for outdoor recreation, utilities and
maintenance. The facility currently provides its own water treatment and distribution, and
also provides its own wastewater collection and treatment on site. These existing
improvements are vested but cannot be expanded or enlarged until the property is served
by public utilities as outlined in Section 2 of this Agreement. Connection to the City's
public utility system is considered a prerequisite to any future phase of the Mixed Use
Development Plan.
b. Proposed Development
The Property Owner plans to expand the existing facility as depicted in the attached
Overall Development Plan. The expansion shall include up to five (5) additional housing
units with a capacity of 16 beds each. In conjunction with the expansion of patient
housing, the property owner must increase all support facilities commensurate with each
phase of expansion. In addition to the expansion of patient housing, the Property Owner
also plans to expand resident halls, administrative and treatment services, meal
preparation and dining facilities and active and passive recreational facilities as noted on
the Overall Development Plan. The expansion of these facilities will be subject to the
following development criteria:
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Instrument #2023093366 #12 Book:8403 Page:4204
Minimum Yard Size and Setbacks
Front Setback: 50 feet (Cow Creek Road Easement)
Rear Setback: 50 feet
Side Setback: 50 feet
Waterfront Setback: 25 feet for non -water related structures
Building Separation: 150 feet between housing units
50 feet between administrative and maintenance buildings
25 feet between resident halls and other structures
25 feet accessory structures and other structures
Maximum Height: 35 feet
Maximum Building Coverage: 8 %
Maximum Impervious Coverage (excluding surface waters): 25 %
Perimeter Buffers: North = 50 feet
South = 50 feet
East = 50 feet
West = 50 feet
Perimeter Buffer Plantings: All perimeter buffers shall meet the 50 foot Class "C" buffer
standards as outlined in LDC provided that existing trees, understory vegetation and
ground cover remain and be counted towards meeting the required planting option.
Limited activities such as the removal of invasive species and maintenance shall be
allowed. Any clearing for passive recreation shall be allowed with the City's Technical
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Instrument #2023093366 #13 Book:8403 Page:4205
Review Committee's authorization on a case by case basis. No screening of the perimeter
buffer is required.
Tree Preservation: -Minimum Tree Protection Requirements within the current LDC shall
be met. Tree Preservation Areas depicted on the Master Plan may be utilized to meet said
requirements.
Landscaping and Irrigation: Common area facilities such as parking areas, loading areas,
driveways and trash enclosures shall be landscaped and irrigated to current LDC
standards. Interior structures and related facilities are exempt from landscape and
irrigation requirements. Existing perimeter buffering is intended to meet the screening,
buffer and interior landscape requirements.
Parking: The Master Plan provides for two (2) parking fields: One for employees
located in the northwest corner of the site and the other located along the main access
road to be used for visitors and guest.
The existing employee parking area is currently gravel and the spaces are not defined. In
conjunction with Phase 2 development, the employee parking field will be redeveloped
based on current dimensional standards, stabilized and improved with a gravel surface.
The individual spaces will be marked with wheel -stops.
The main access road and visitor and guest parking area are partially paved with concrete
pavers. The access road will be widened and will include two handicapped stalls, two
5
MUPUD Agreement
Instrument #2023093366 #14 Book:8403 Page:4206
standard parking stalls and a loading area to be constructed in conjunction with the Phase
2 improvements. The visitor and guest parking field, and loading area shall have paved
surfaces, curbing and dimensional standards in accordance with the LDC. All surfaces
shall be paved using concrete pavers, asphalt or concrete. The main access road is
designed to add ten (10) additional standard paved parking stalls for visitors and guest.
Additional paved stalls shall be added as needed in subsequent phases of development in
order to comply with the following parking standard:
Parking Standard: I space per employee on the largest shift
PLUS 1 space per 15 beds
Stabilized Emergency Access Road: A twenty foot (20-ft.) wide emergency access road
shall be constructed in conjunction with the Phase 3 improvements. The road shall be
stabilized to support the weight of the City's fire apparatus. The road shall provide an
emergency access loop through the site in order to gain access to the structures in Phase 3
— Phase 6, with a connection back to North Cow Creek Road.
Refuse: All refuse shall be collected and disposed in a garbage dumpster supplied
by the franchise provided and will be located within the employee parking field. The
dumpster shall be provided with a gated enclosure as defined by the LDC and shall be
established in conjunction with the Phase 2 improvements.
Signage: Signage will be located along North Cow Creek Road and shall be located a
minimum of 10-ft., from the established road surface. Signage shall be limited to a total
0
MUPUD Agreement
Instrument #2023093366 #15 Book:8403 Page:4207
copy area of 64 square feet. Directional and information signage is exempt from these
regulations and shall be limited to a total copy area of 15 square feet. One directional sign
is proposed within State Road 442 at the intersection of North Cow Creek Road. The
directional sign shall be located a maximum of 20-ft. south of the north right of way line
of State Road 442 and within the southerly projection of the 60-ft. Road and Utility
Easement.
4. PHASING
The project will be developed in multiple phases as depicted in the Overall Development
Plan. Each phase of development shall be independent of the other and the site shall collectively
meet the requirements and development standards for the overall Property as outlined above for
each stage of development.
Phase 1 — Phase 1 shall include the installation and service of public utilities to the site. All
required fees to connect to the Cities water and sewer utility shall be paid on or before the time
of connection.
Phase 2, 3, 4, 5 and 6 shall include the addition of a residential hall. With the addition of each
resident hall, all ancillary services such as administration, parking, meal preparation, dining,
resident services and utility services, shall be concurrently expanded to support the additional
patient population. The Property Owner is required to demonstrate compliance with these
requirements as part of the approval process for each phase of development. Phase 7 shall
include the construction of a recreational tail around the South Lake as depicted on the Overall
7
MUPUD Agreement
Instrument #2023093366 #16 Book:8403 Page:4208
Development Plan With the exception of Phase 1, all future phases of development can occur at
any time in any order provided the above criteria is met.
S. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation is Mixed Use (MUSE) with Conservation Overlay and
the zoning designation is MUPUD (Mixed Use Planned Unit Development) as defined in the
City Land Development Code. The City of Edgewatees permitted uses for MUPUD (Mixed Use
Planned Unit Development) are applicable to the development of the property and consistent
with the adopted Comprehensive Plan/Future Land Use Map.
6. PUBLIC FACILITIES
All utility services shall be underground.
Off -site improvements are the Property Owner's responsibility and shall be required at
the time of Final Site Plan approval and City inspection approval and shall meet all City, County
and/or State requirements and approval.
All infrastructure facilities and improvements shall be constructed in compliance with
applicable federal, state, and local standards.
A concurrency review shall be conducted to ensure that all required public facilities are
available concurrent with the impacts of the development.
a. Developer, at the time of development of Phase 1 expansion, shall provide all public
facilities to support this project including the following:
8
MUPUD Agreement
Instrument #2023093366 #17 Book:8403 Page:4209
L Water Distribution System including fire hydrants. Developer agrees to
connect to and utilize the City's water distribution system. Developer
agrees to connect to the City's potable water system at nearest point of
connection. All water distribution systems shall be "looped" wherever
possible in order to prevent any future stagnation of water supply. All
potable water uses within the property shall be metered through a single
point of connection, that being on North Cow Creek Road at an agreed
upon location. All piping and appurtenances upstream from the meter shall
be installed by the Developer and conveyed to the City by Bill of Sale in a
form acceptable to the City and dedicated to the City prior to or at time of
issuance of the Certificate of Occupancy. All piping and appurtenances,
including required backflow protection devices downstream of the meter,
shall continue to be the property of the Property Owner.
ii. Sewage Collection and Transmission System. Developer agrees to connect
to and utilize the City's wastewater transmission and collection system. All
sanitary wastewater within the property shall result from metered potable
water and shall be deposited into a master lift station constructed to City
standards for a privately -owned commercial lift station, that being
accessible from and adjacent to North Cow Creek Road at an agreed upon
location. All elements outside of the fenced perimeter of said master lift
station and all piping and appurtenances downstream to the City's existing
wastewater transmission network shall be installed by the Developer and
4
MUPUD Agreement
Instrument #2023093366 #18 Book:8403 Page:4210
conveyed to the City by Bill of Sale in a form acceptable to the City and
dedicated to the City prior to or at time of issuance of the Certificate of
Occupancy. All piping and appurtenances comprising the onsite
wastewater collection system inside of the master lift station fenced
perimeter and further upstream shall continue to be the property of the
Property Owner.
iii. Stormwater collection/treatment system, including outfall system. The
onsite stormwater management system shall meet the requirements of the
St. Johns River Water Management District and the City of Edgewater
LDC. Developer is required to provide an outfall to a publicly owned or
controlled drainage conveyance system, and obtain an off -site drainage
easement if necessary. The on -site 100-year flood elevation shall be
established to the satisfaction of the Flood Plain Manager or FEMA. The
Property Owner shall maintain stormwater management system to point of
connection with public conveyance.
iv. Reclaimed Water Distribution System. Reclaimed water is available in the
Indian River Boulevard right-of-way, approximately 3,000 LF south of the
entrance gate to the property. The City of Edgewater and St Johns Water
Management District discourage the use of potable water for irrigation
purposes. Developer shall be allowed to continue to use the existing onsite
well for landscape irrigation needs until such time that the existing well is
insufficient, inoperable, or no longer permitted by Volusia County Health
10
MUPUD Agreement
Instrument #2023093366 #19 Book:8403 Page:4211
Department, at such time Developer shall connect to and utilize the City's
reclaimed water system.
7. IMPACT FEES
Impact fees will be paid in accordance with the following schedule:
a. City Impact Fees and Connection Fees shall be paid at Building Permit issuance
for each resident unit or administrative unit, as applicable, at the prevailing rate
authorized at the time of payment.
b. Volusia County Road Impact fees shall be paid to County by applicant with proof
of payment provided to the City prior to a Building Certificate of Occupancy.
8. BONDS
A Maintenance Bond equal to 10% of the cost of the public infrastructure improvements
shall be provided to the City prior to Site Plan Approval. The Maintenance Bond shall be in
effect for a two (2) year period from the date of completion of the public facilities.
A Performance Bond, or other acceptable financial instrument such as a Letter of Credit, may
be accepted by the City and shall be 130% of the costs of all remaining required improvements.
9. CONSISTENCY OF DEVELOPMENT
The City agrees to issue the required permits for the development in the manner defined
in the Agreement after having determined it is not contrary to the City of Edgewater
11
MUPUD Agreement
Instrument #2023093366 #20 Book:8403 Page:4212
Comprehensive Plan and Land Development Code and is compliant with all concurrency
requirements set forth in said documents.
10. PERMITS REQUIRED
The Developer will obtain required development permits or letters of exemption. Permits
may include but not be limited to the following:
1. Department of Environmental Protection, St. Johns River Water Management District,
Army Corps of Engineers and Florida Fish and Wildlife Conservation Commission.
2. City of Edgewater — Site Plan Approval, Construction Plan Approval, all applicable
clearing, removal, construction and building permits.
Developer agrees to reimburse the City of Edgewater for direct costs associated with the
legal review, engineering review, inspections of required infrastructure improvements, and the
review and approval of the site plan(s) related to the development.
11. DEDICATION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the City, by warranty deed and title insurance free and
clear of all liens and encumbrances prior to acceptance of all utility easements, as required. All
utilities shall be dedicated to the City of Edgewater.
Failure of this Agreement to address a particular permit, condition, term or restriction
shall not relieve the Developer of the necessity of complying with those permitting requirements,
12
MUPUD Agreement
Instrument #2023093366 #21 Book:8403 Page:4213
conditions, terms or restrictions and any matter or thing required to be done under the existing
ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived
unless such modification, amendment or waiver is expressly provided for in this Agreement with
specific reference to the ordinance provisions so waived.
13. HEALTH SAFETY AND WELFARE REQUIREMENTS
The Developer shall comply with such conditions, terms, restrictions or other
requirements determined to be necessary by the City for the public health, safety or welfare of its
citizens.
14. APPEAL
If the Developer is aggrieved by any City official interpreting the terms of this
Agreement, the Developer shall file a written appeal to the City Manager. After receiving the
written appeal, the appeal will be reviewed by the City Manager and City Attorney. If the City
Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda.
The action of the City Council is the final authority concerning this Agreement.
15. PERFORMANCE GUARANTEES
During the term of this Agreement, regardless of the ownership of the Property, the
Property shall be developed in compliance with the terms of this Agreement and applicable
regulations of the City not inconsistent with, or contrary to, this Agreement.
13
MUPUD Agreement
Instrument #2023093366 #22 Book:8403 Page:4214
16. BINDING AFFECT
The provisions of this Agreement, including any and all supplementing amendments, and
all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest
and assigns and any person, firm, corporation, or entity who may become the successor in
interest to the land subject to this Agreement or any portion thereof and shall run with the land
and shall be administered in a manner consistent with the laws of the State of Florida.
17. RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the
Court in Volusia County. The cost of recording shall be paid by the Developer.
18. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12 months,
commencing 12 months after the date of this Agreement to determine if there has been good faith
compliance with the terms of this Agreement. If the City finds on the basis of competent
substantial evidence that there has been a failure to materially comply with the terms of this
Agreement, the Agreement may be revoked or modified by the City. Any such revocation or
modification shall only occur after the City has notified the Developer in writing of Developer's
failure to materially comply with the terms of this Agreement and Developer fails to cure such
breach after receiving written notice and a reasonable opportunity to cure such breach from the
City.
14
MUPUD Agreement
Instrument #2023093366 #23 Book:8403 Page:4215
19. APPLICABLE LAW
This Agreement and provisions contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
20. TIME OF THE ESSENCE
Time is hereby declared of the essence of the lawful performance of the duties and
obligations contained in the Agreement.
21. AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous discussions, understandings, and agreements, with respect to the subject matter hereof.
Amendments to and waivers of the provisions of this Agreement shall be made by the parties
only in writing by formal amendment. Substantial changes, as determined by the City Manager,
shall require City Council approval.
22. FURTHER DOCUMENTATION
The parties agree that at any time following a request therefore by the other party, each
shall execute and deliver to the other party such further documents and instruments, in form and
substance reasonably necessary to confirm and/or effectuate the obligations of either party
hereunder.
23. SPECIFIC PERFORMANCE
is
MUPLUD Agreement
Instrument #2023093366 #24 Book:8403 Page:4216
Both the City and the Developer shall have the right to enforce the terms and conditions
of this Agreement by an action for specific performance.
24. ATTORNEYS' FEES
In the event that either party finds it necessary to commence an action against the other
party to enforce any provision of this Agreement or because of a breach by the other party of any
terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable
attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and
appellate levels, including bankruptcy proceedings, without regard to whether any legal
proceedings are commenced or whether or not such action is prosecuted to judgment.
25. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same instrument.
26. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only, and
the words contained therein shall in no way be held to explain, amplify or aid in the
interpretation, construction, or meaning of the provisions of this Agreement.
27. SEVERABILITY
16
MUPUD Agreement
Instrument #2023093366 #25 Book:8403 Page:4217
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Instrument #2023093366 #26 Book:8403 Page:4218
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The Ibrceoing instrument was acknowledged belbre me on this 7-2-day of MU YC� 202
b, S•kwyj C:. • L et Ke'v whu is personalh known to me or
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COMM. # 2371922
fn �.,,, ROTARY PUBLIC CALIFORNIA
ALAMEDA COUNTY 0
COMIu1. EXPIRES AUG. 22 20251
M(IPLll) Agreement
Instrument #2023O933GG#278onk:8403Page:4219
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LEGAL DESCRIPTTON
1?
MUPUD Agreement
Instrument #2023093366 #28 Book:8403 Page:4220
EXHIBIT A
NORTH PARCEL:
PARCEL 1: A PORTION OF U.S. LOT 4, SECTION 5, TOWNSHIP 18 SOUTH, RANGE 34
EAST, LYING EASTERLY OF THE FLORIDA EAST COAST RAILWAYAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF U.S. LOT 4, SECTION 5, TOWNSHIP 18
SOUTH, RANGE 34 EAST, SAID POINT BEING A 1/2 INCH ELECTRICAL METAL TUBING
PIPE BEING A CERTIFIED CORNER #0005904; THENCE SOUTH 21 DEGREES 27
MINUTES 28 SECONDS EASTALONG THE EASTERLY LINE OF SAID U.S. LOT 4A
DISTANCE OF 210.57 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH
21 DEGREES 27 MINUTES 28 SECONDS EASTALONG THE EASTERLY LINE OF U.S. LOT
4 A DISTANCE OF 519.10 FEET;THENCE SOUTH 72 DEGREES 02 MINUTES 08 SECONDS
WEST DISTANCE OF 772.20 FEET TO THE EASTERLY RIGHT-OF-WAY OF THE FLORIDA
EAST COAST RAILWAY 'EDGEWATER CUT OFF, A 100 FOOT RIGHT -OF WAY AS NOW
LAID OUT; THENCE NORTH 17 DEGREES 57 MINUTES 52 SECONDS WESTALONG SAID
EASTERLY RIGHT-OF-WAYA DISTANCE OF 590.00 FEET; THENCE NORTH 72 DEGREES
02 MINUTES 08 SECONDS EASTA DISTANCE OF 737.18.FEET TO THE POINT OF
BEGINNING.
LESS AND EXCEPT THE EASTERLY 50 FEET THEREOF
AND TOGETHER WITH THE RIGHT TO USE A 60 FOOT ROAD AND UTILITY EASEMENT
DESCRIBED AS FOLLOWS:
A PORTION OF LOTS 4, 5, AND 6, LYING EASTERLY OF AND PARALLEL TO THE
FLORIDA EAST COAST RAILWAY - EDGE WATER CUT OFF, AND NORTHERLY OF STATE
ROAD #442, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: AS A POINT
OF REFERENCE, COMMENCE AT THE NORTHEAST CORNER OF U.S. LOT 4, SECTION 5,
TOWNSHIP 18 SOUTH, RANGE 34 EAST SAID POINT BEING A 112 INCH ELECTRICAL
METAL TUBING PIPE BEING CERTIFIED CORNER #0005904; THENCE SOUTH 21
DEGREES 27 MINUTES 28 SECONDS EAST, ALONG THE EAST LINE OF SAID U.S. LOT 4,
A DISTANCE OF 801.67 FEET -,THENCE SOUTH 72 DEGREES 02 MINUTES 08 SECONDS
WEST, A DISTANCE OF 713.20 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH
17 DEGREES 57 MINUTES 52 SECONDS EASTALONG A LINE THAT IS 60 FEET
EASTERLY OF AND PARALLEL WITH SAID FLORIDA EAST COAST RAILWAY - EDGE
WATER CUT OFF, A DISTANCE OF 3071.11 FEET TO THE NORTHERLY RIGHT-OF-WAY
OF STATE ROAD #442; THENCE SOUTH 79 DEGREES 02 MINUTES 02.5 SECONDS
WEST ALONG SAID NORTHERLY RIGHT-OF-WAY OF STATE ROAD #442, A DISTANCE
OF 60.45 FEET; THENCE NORTH 17 DEGREES 57 MINUTES 52 SECONDS WEST ALONG
THE SAID EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY, A
DISTANCE OF 3053.74 FEET; THENCE NORTH 72 DEGREES 02 MINUTES 09 SECONDS
EAST, A DISTANCE OF 60.0 FEET TO THE POINT OF BEGINNING.
RESERVING AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER THE WESTERLY
60 FEET OF THE ABOVE DESCRIBED PARCEL 1, MEASURED AT RIGHTANGLES TO THE
WESTERLY LINE OF SAID PROPERTYAS DESCRIBED IN OFFICIAL RECORDS BOOK
4644, PAGES 1726 AND 1727, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA.
Instrument #2023093366 #29 Book:8403 Page:4221
EXHIBIT A
SOUTH PARCEL:
PARCELI:
A PORTION OF U.S. LOT 5, SECTION 5, TOWNSHIP 18 SOUTH, RANGE 34 EAST, LYING EASTERLY OF
THE FLORIDA EAST COAST RAILWAY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AS A POINT OF REFERENCE COMMENCE AT THE NORTHEAST CORNER OF U.S. LOT 4, SECTION 5,
TOWNSHIP 18 SOUTH, RANGE 34 EAST, SAID POINT OF COMMENCEMENT BONG A 112 INCH
ELECTRICAL METAL TUBING PIPE BONG CERTIFIED CORNER NO. 0005904; THENCE SOUTH 21
DEGREES 27 MINUTES 28 SECONDS EAST ALONG THE EASTERLY UNE OF U.S. LOT 4 A DISTANCE OF
801.67 FEET; THENCE SOUTH 72 DEGREES 02 MINUTES 08 SECONDS WEST DISTANCE OF 60.09
FEET; THENCE SOUTH 21 DEGREES 27 MINUTES 28 SECONDS EAST A DISTANCE OF 733.03 FEET FOR
THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 21 DEGREES 27 MINUTES 28 SECONDS EAST
A DISTANCE OF 674.98 FEET, THENCE SOUTH 69 DEGREES 32 MINUTES 00 SECONDS WEST
DISTANCE OF 809.67 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST
COAST RAILWAY EDGEWATER CUT-OFF, A 100 FOOT RIGHT-OF-WAY AS NOW LAID OUT; THENCE
NORTH 17 DEGREES 57 MINUTES 52 SECONDS WEST ALONG SAID EASTERLY RIGHT-OF-WAY A
DISTANCE OF 709.07 FEET THENCE NORTH 72 DEGREES 02 MINUTES 08 SECONDS EAST A DISTANCE
OF 767.77 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THE RIGHT TO USE A 60 FOOT ROAD AND UTILITY EASEMENT DESCRIBED AS
FOLLOWS: A PORTION OF LOTS 4, 5 AND 6, LYING EASTERLY OF AND PARALLEL TO THE FLORIDA
EAST COAST RAILWAY EDGEWATER CUTOFF AND NORTHERLY OF STATE ROAD #442, ALL BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AS A POINT OF REFERENCE COMMENCE AT THE NORTHEAST CORNER OFU.S. LOT 4, SECTION 5,
TOWNSHIP 18 SOUTH, RANGE 34 EAST, SAID POINT OF COMMENCEMENT BONG A 112 INCH
ELECTRICAL METAL TUBING PIPE BONG CERTIFIED CORNER NO. 0005904; THENCE SOUTH 21
DEGREES 27 MINUTES 28 SECONDS EAST ALONG THE EASTERLY LINE OF U.S. LOT 4 A DISTANCE OF
801.67 FEET; THENCE SOUTH 72 DEGREES 02 MINUTES 08 SECONDS WEST, A DISTANCE OF 713.20
FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 17 DEGREES 57 MINUTES 52 SECONDS EAST,
ALONG A UNE THAT IS 60 FEET EASTERLY OF AND PARALLEL WITH THE SAID FLORIDA EAST COAST
RAILWAY EDGEWATER CUTOFF, A DISTANCE OF 3,071.11FEETTO THE NORTHERLY R/W OF STATE
ROAD #442; THENCE SOUTH 79 DEGREES 02 MINUTES 02.5 SECONDS WEST ALONG SAID NORTHERLY
R/W OF STATE ROAD #442 A DISTANCE OF 60.45 FEET;THENCE NORTH 17 DEGREES 57 MINUTES 52
SECONDS WEST ALONG THE EASTERLY RAW OF THE FLORIDA EAST COAST RAILWAY, A DISTANCE OF
3,063.74 FEET; THENCE NORTH 72 DEGREES 02 MINUTES 08 SECONDS EAST, A DISTANCE OF 60.00
FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THAT CERTAIN RECTANGULAR PARCEL, GENERALLY DESCRIBED AS:
A PORTION OFU.S. LOT 5; SECTION 5,TOWNSHIP 18 SOUTH,RANGE 34 EAST, LYING EASTERLY OF THE
FLORIDA EAST COAST RAILWAY AND BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AS A POINT OF REFERENCE COMMENCE AT THE NORTHEAST CORNER OF U.S. LOT 4, SECTION 5,
TOWNSHIP 18 SOUTH, RANGE 34 EAST, SAID POINT OF COMMENCEMENT BONG A 112 INCH
ELECTRICAL FETALTUBING PIPE BONG CERTIFIED CORNER NO. 0005904; THENCE SOUTH 21
DEGREES 27 MINUTES 28 SECONDS EASTALONG THE EASTERLY LINE OF U.S. LOT 4 A DISTANCE OF
801.67 FEET;THENCE SOUTH 72 DEGREES 02 MINUTES 08 SECONDS WEST DISTANCE OF 50.09 FEET
THENCE SOUTH 21 DEGREES 27 MINUTES 28 SECONDS EASTA DISTANCE OF 1408.01 FEET; THENCE
SOUTH 69 DEGREES 32 MINUTES 00 SECONDS WESTA DISTANCE OF 809.67 FEETTO A POINT ON THE
EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY, A 100 FOOT
Instrument #2023093366 #30 Book:8403 Page:4222
RIGHT-OF-WAY AS NOW LAID OUT; THENCE NORTH 17 DEGREES 57 MINUTES 52 SECONDS WEST,
ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 215.00 FEET FOR THE POINT OF BEGINNING;
THENCE CONTINUE NORTH 17 DEGREES 57 MINUTES 52 SECONDS WEST, ALONG SAID EASTERLY
RIGHT-OF-WAY, A DISTANCE OF 210.00 FEET THENCE NORTH 72 DEGREES 02 MINUTES 08 SECONDS
EAST, A DISTANCE OF 519.00 FEET;THENCE SOUTH 17 DEGREES 57 MINUTES 52 SECONDS EAST, A
DISTANCE OF 210.00 FEET THENCE SOUTH 72 DEGREES 02 MINUTES 08 SECONDS WEST, A
DISTANCE OFTOTHE POINT OF BEGINNING.
Also known as: 1561 Cow Creek Road, Edgewater, Florida 32132
Parcel Identification Number 8405-00-00-0130
PARCEL 2:
A PORTION OFU.S. LOTS 4 AND 5, SECTION 5, TOWNSHIP 18 SOUTH, RANGE 34 EAST LYING EASTERLY
OF THE FLORIDA EAST COAST RAILWAY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AS A POINT OF REFERENCE COMMENCE AT THE NORTHEAST CORNER OF U.S. LOT 4, SECTION 5,
TOWNSHIP 18 SOUTH, RANGE 34 EAST, SAID POINT OF COMMENCEMENT BEING A 1/2-INCH
ELECTRICAL METAL TUBING PIPE BEING CERTIFIED CORNER NO. 0005904;THENCE SOUTH 21
DEGREES 27 28" EASTALONG THE EASTERLY LINE OF SAID U.S. LOT 4, A DISTANCE OF 801.67 FEET;
THENCE SOUTH 72 DEGREES 02" 08" WESTA DISTANCE OF 50.09 FEET FOR THE POINT OF
BEGINNING; THENCE SOUTH 21 DEGREES 27 28" EASTA DISTANCE OF 733.03 FEET THENCE SOUTH
72 DEGREES 02' 08" WEST A DISTANCE OF 767.77 FEET TO A POINT ON THE EASTERLY RIGHT-OFWAY
OF THE FLORIDA EAST COAST RAILWAY EDGEWATER CUT-OFF, A 100-FOOT RIGHT OF -WAY AS NOW
LAID OUT; THENCE NORTH 17 DEGREES 57 52• WEST ALONG SAID EASTERLY RIGHT-OF-WAY A
DISTANCE OF 731.67 FEETTHENCE NORTH 72 DEGREES OZ 08" EASTA DISTANCE OF 723.11 FEETTO
THE POINT OF BEGINNING.
THE WESTERLY 60.00 FEET OF THE ABOVE -DESCRIBED PROPERTY SUBJECT TO A ROAD AND UTILITY
EASEMENT. TOGETHER WITH THE RIGHT TO USE A 60-FOOT ROAD AND UTILITY EASEMENT
DESCRIBED AS FOLLOWS: A PORTION OF LOTS 4,5 AND 6, LYING EASTERLY OF AND PARALLEL TO
THE FLORIDA EAST COAST RAILWAY EDGEWATER CUT-OFF AND NORTHERLY OF STATE ROAD #442,
ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: AS A POINT OF REFERENCE COMMENCE
AT THE NORTHEAST CORNER OF U.S. LOT 4, SECTION 5, TOWNSHIP 18 SOUTH; RANGE 34 EAST, SAID
POINT BEING A 1/2-INCH ELECTRICAL METAL TUBING PIPE BONG CERTIFIED CORNER #0005904;
THENCE SOUTH 21 DEGREES 27 28" EAST ALONG THE EAST LINE OF SAID U.S. LOT 4, A DISTANCE OF
801.67 FEET -THENCE SOUTH 72 DEGREES OZ 08" WEST, A DISTANCE OF 713.20 FEET FOR THE POINT
OF BEGINNING; THENCE SOUTH 17 DEGREES 57 52" EASTALONG A LINE THAT IS 60 FEET EASTERLY
OF AND PARALLEL WITH THE SAID FLORIDA EAST COAST RAILWAY EDGEWATER CUT-OFF, A
DISTANCE OF 3071.11 FEET TO THE NORTHERLY RIGHT-OF-WAY OF STATE ROAD #442; THENCE
SOUTH 79 DEGREES 02' 02.5" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY OF STATE ROAD #442,
A DISTANCE OF 60.45 FEET•, THENCE NORTH 17 DEGREES 57 52" WEST ALONG THE EASTERLY
RIGHTOF-WAY OF STATE ROAD #442, A DISTANCE OF 60.45 FEET; THENCE NORTH 17 DEGREES 57 52"
WESTALONG THE EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY, A DISTANCE OF
3063.74 FEET THENCE NORTH 72 DEGREES 02' 08" EAST A DISTANCE OF 60.00 FEET TO THE POINT
OF BEGINNING.
SUBJECT TO AND TOGETHER WITH A PERPETUAL EASEMENT FOR NON-COMMERCIAL PURPOSES IN
FAVOR OF STEPHEN C HALLAND BARBARA S. HALL, HIS WIFE, AND THEIR HEIRS AND ASSIGNS, AND
DAVID L. BIDDULPH AND BERNA SUE BIDDULPH, HIS WIFE, AND THEIR HORS AND ASSIGNS, FOR THE
PURPOSE OF FISHING, BOATING, AND RECREATION IN THE EXISTING LAKE LOCATED ON THE
Instrument #2023093366 #31 Book:8403 Page:4223
A PORTION OF U.S. LOTS 4 AND 5, SECTION 5, TOWNSHIP 18 SOUTH, RANGE 34 EAST LYING
EASTERLY OF THE FLORIDA EAST COAST RAILWAY AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
AS A POINT OF REFERENCE COMMENCE AT THE NORTHEAST CORNER OF U.S. LOT 4, SECTION 5,
TOWNSHIP 18 SOUTH, RANGE 34 EAST, SAID POINT OF COMMENCEMENT BEING A 1/2-INCH
ELECTRICAL METAL TUBING PIPE BEING CERTIFIED CORNER 00005904; THENCE SOUTH 21 DEGREES
27' 28" EAST, ALONG THE EASTERLY LINE OF SAID U.S. LOT 4, A DISTANCE OF 801.67 FEET FOR THE
POINT OF BEGINNING; THENCE CONTINUE SOUTH 21 DEGREES 27 28" EAST, A DISTANCE OF 1030.01
FEET, THENCE SOUTH 68 DEGREES 32" 00" WEST, A DISTANCE OF 50.00 FEET, THENCE SOUTH 21
DEGREES 27 28" EAST, A DISTANCE OF 361.83 FEET; THENCE SOUTH 69 DEGREES 32' 00" WEST, A
DISTANCE OF 809.61 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST
COAST RAILWAY EDGEWATER CUT-OFF, A 100-FOOT RIGHT-OF-WAY AS NOW LAID OUT, THENCE
NORTH 17 DEGREES 57 52" WEST ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 1441.76
FEET;TF
BEGINNING. LESS AND EXCEPT THE EASTERLY50 FEET.
Also known as: 1531 Cow Creek Road, Edgwater, Florida 32132
Parcel Identification Number: 8405-00-00-0131
PARCEL 3:
A PORTION OF U.S. LOT 5; SECTION 5, TOWNSHIP 18 SOUTH, RANGE 34 EAST, LYING EASTERLY OF
THE FLORIDA EAST COAST RAILWAY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AS A POINT OF REFERENCE COMMENCE AT THE NORTHEAST CORNER OF U.S. LOT 4, SECTION 5,
TOWNSHIP 18 SOUTH, RANGE 34 EAST, SAID POINT OF COMMENCEMENT BEING A 1/2 INCH
ELECTRICAL METAL TUBING PIPE BONG CERTIFIED CORNER NO. 0005904; THENCE SOUTH 21
DEGREES 27MINUTES 28 SECONDS EAST ALONG THE EASTERLY LINE OF U.S. LOT 4 A DISTANCE OF
801.67 FEET; THENCE SOUTH 72 DEGREES 02 MINUTES 08 SECONDS WESTA DISTANCE OF 50.09
FEET THENCE SOUTH 21 DEGREES 27 MINUTES 28 SECONDS EAST A DISTANCE OF 1408.01FEET,
THENCE SOUTH 68 DEGREES 32 MINUTES 00 SECONDS WEST A DISTANCE OF 809.67 FEET TO A
POINT ON THE EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY, A 100 FOOT
RIGHT-OF-WAY AS NOW LAID OUT, THENCE NORTH 17 DEGREES 57 MINUTES 52 SECONDS WEST,
ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 215.00 FEET FOR THE POINT OF BEGINNING;
THENCE CONTINUE NORTH 17 DEGREES 57 MINUTES 52 SECONDS WEST, ALONG SAID EASTERLY
RIGHT-OF-WAY, A DISTANCE OF 210.00 FEET THENCE NORTH 72 DEGREES 02 MINUTES 08 SECONDS
EAST, A DISTANCE OF 519.00 FEET; THENCE SOUTH 17 DEGREES 57 MINUTES 52 SECONDS EAST, A
DISTANCE OF 210.00 FEET; THENCE SOUTH 72 DEGREES 02 MINUTES 08 SECONDS WEST, A
DISTANCE OF 519.00 FEET TO THE POINT OF BEGINNING.
Also known as: 1535 Cow Creek Road, Edgewater, Florida 32132
Parcel Identification Number: 8405-00-00-0132
Instrument #2023093366 #32 Book:8403 Page:4224
EXHIBIT "B"
OVERALL DEVELOPMENT PLAN
18
MUPUD Agreement
Instrument #2023093366 #33 Book:8403 Page:4225
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Instrument #2023093366 #34 Book:8403 Page:4226
EXHIBIT "A"
LEGAL DESCRIPTION
17
MUPUD Agreement
Instrument #2023093366 #35 Book:8403 Page:4227
EXHIBIT A
NORTH PARCEL:
PARCEL 1: A PORTION OF U.S. LOT 4, SECTION 5, TOWNSHIP 18 SOUTH, RANGE 34
EAST, LYING EASTERLY OF THE FLORIDA EAST COAST RAILWAY AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF U.S. LOT 4, SECTION 5, TOWNSHIP 18
SOUTH, RANGE 34 EAST, SAID POINT BEING A 1/2 INCH ELECTRICAL METAL TUBING
PIPE BEING A CERTIFIED CORNER #0005904; THENCE SOUTH 21 DEGREES 27
MINUTES 28 SECONDS EAST ALONG THE EASTERLY LINE OF SAID U.S. LOT 4A
DISTANCE OF 210.57 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH
21 DEGREES 27 MINUTES 28 SECONDS EASTALONG THE EASTERLY LINE OF U.S. LOT
4 A DISTANCE OF 519.10 FEET;THENCE SOUTH 72 DEGREES 02 MINUTES 08 SECONDS
WEST A DISTANCE OF 772.20 FEET TO THE EASTERLY RIGHT-OF-WAY OF THE FLORIDA
EAST COAST RAILWAY-EDGEWATER CUT OFF, A 100 FOOT RIGHT-OF-WAY AS NOW
LAID OUT; THENCE NORTH 17 DEGREES 57 MINUTES 52 SECONDS WESTALONG SAID
EASTERLY RIGHT-OF-WAYA DISTANCE OF 590.00 FEET THENCE NORTH 72 DEGREES
02 MINUTES 08 SECONDS EAST DISTANCE OF 737.18.FEET TO THE POINT OF
BEGINNING.
LESS AND EXCEPT THE EASTERLY 50 FEET THEREOF.
AND TOGETHER WITH THE RIGHT TO USE A 60 FOOT ROAD AND UTILITY EASEMENT
DESCRIBED AS FOLLOWS:
A PORTION OF LOTS 4, 5, AND 6, LYING EASTERLY OF AND PARALLEL TO THE
FLORIDA EAST COAST RAILWAY - EDGE WATER CUT OFF, AND NORTHERLY OF STATE
ROAD #442, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: AS A POINT
OF REFERENCE, COMMENCE AT THE NORTHEAST CORNER OF U.S. LOT 4, SECTION 5,
TOWNSHIP 18 SOUTH, RANGE 34 EAST SAID POINT BEING 1/2 INCH ELECTRICAL
METAL TUBING PIPE BEING CERTIFIED CORNER #0005904; THENCE SOUTH 21
DEGREES 27 MINUTES 28 SECONDS EAST, ALONG THE EAST LINE OF SAID U.S. LOT 4,
A DISTANCE OF 801.67 FEET -THENCE SOUTH 72 DEGREES 02 MINUTES 08 SECONDS
WEST, A DISTANCE OF 713.20 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH
17 DEGREES 57 MINUTES 52 SECONDS EASTALONG A LINE THAT IS 60 FEET
EASTERLY OF AND PARALLEL WITH SAID FLORIDA EAST COAST RAILWAY - EDGE
WATER CUT OFF, A DISTANCE OF 3071.11 FEET TO THE NORTHERLY RIGHT-OF-WAY
OF STATE ROAD #442; THENCE SOUTH 79 DEGREES 02 MINUTES 02.5 SECONDS
WEST ALONG SAID NORTHERLY RIGHT-OF-WAY OF STATE ROAD #442, A DISTANCE
OF 60.45 FEET; THENCE NORTH 17 DEGREES 57 MINUTES 52 SECONDS WESTALONG
THE SAID EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY, A
DISTANCE OF 3063.74 FEET, THENCE NORTH 72 DEGREES 02 MINUTES 09 SECONDS
EAST, A DISTANCE OF 60.0 FEET TO THE POINT OF BEGINNING.
RESERVING AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER THE WESTERLY
60 FEET OF THE ABOVE DESCRIBED PARCEL 1, MEASURED AT RIGHTANGLES TO THE
WESTERLY LINE OF SAID PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK
4644, PAGES 1726 AND 1727, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA.
Instrument #2023093366 #36 Book:8403 Page:4228
EXHIBIT A
SOUTH PARCEL:
PARCELI:
A PORTION OF U.S. LOT 5, SECTION 5, TOWNSHIP 18 SOUTH, RANGE 34 EAST, LYING EASTERLY OF
THE FLORIDA EAST COAST RAILWAY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AS A POINT OF REFERENCE COMMENCE AT THE NORTHEAST CORNER OF U.S. LOT 4, SECTION 5,
TOWNSHIP 18 SOUTH, RANGE 34 EAST, SAID POINT OF COMMENCEMENT BONG A 1/2 INCH
ELECTRICAL METAL TUBING PIPE BONG CERTIFIED CORNER NO. 0005904; THENCE SOUTH 21
DEGREES 27 MINUTES 28 SECONDS EASTALONG THE EASTERLY UNE OF U.S. LOT A DISTANCE OF
801.67 FEET, THENCE SOUTH 72 DEGREES 02 MINUTES 08 SECONDS WESTA DISTANCE OF 50.09
FEET; THENCE SOUTH 21 DEGREES 27 MINUTES 28 SECONDS EAST DISTANCE OF 733.03 FEET FOR
THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 21 DEGREES 27 MINUTES 28 SECONDS EAST
A DISTANCE OF 674.98 FEET; THENCE SOUTH 69 DEGREES 32 MINUTES 00 SECONDS WESTA
DISTANCE OF 809.67 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST
COAST RAILWAY EDGEWATER CUT-OFF, A 100 FOOT RIGHT-OF-WAY AS NOW LAID OUT, THENCE
NORTH 17 DEGREES 57 MINUTES 52 SECONDS WESTALONG SAID EASTERLY RIGHT-OF-WAYA
DISTANCE OF 709.07 FEET THENCE NORTH 72 DEGREES 02 MINUTES 08 SECONDS EAST DISTANCE
OF 767.77 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THE RIGHT TO USE A 60 FOOT ROAD AND UTILITY EASEMENT DESCRIBED AS
FOLLOWS: A PORTION OF LOTS 4, 5 AND 6, LYING EASTERLY OF AND PARALLEL TO THE FLORIDA
EAST COAST RAILWAY EDGEWATER CUTOFF AND NORTHERLY OF STATE ROAD #442, ALL BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AS A POINT OF REFERENCE COMMENCE AT THE NORTHEAST CORNER OFU.S. LOT 4, SECTION 5,
TOWNSHIP 18 SOUTH, RANGE 34 EAST, SAID POINT OF COMMENCEMENT BONG A 1/2 INCH
ELECTRICAL METAL TUBING PIPE BONG CERTIFIED CORNER NO. 0005904; THENCE SOUTH 21
DEGREES 27 MINUTES 28 SECONDS EAST ALONG THE EASTERLY LINE OF U.S. LOT 4 A DISTANCE OF
801.67 FEET; THENCE SOUTH 72 DEGREES 02 MINUTES 08 SECONDS WEST, A DISTANCE OF 713.20
FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 17 DEGREES 57 MINUTES 52 SECONDS EAST,
ALONG A LINE THAT IS 60 FEET EASTERLY OF AND PARALLEL WITH THE SAID FLORIDA EAST COAST
RAILWAY EDGEWATER CUTOFF, A DISTANCE OF 3,071.11FEETTO THE NORTHERLY R/W OF STATE
ROAD #442; THENCE SOUTH 79 DEGREES 02 MINUTES 02.5 SECONDS WEST ALONG SAID NORTHERLY
R/W OF STATE ROAD #442 A DISTANCE OF 60.45 FEET;THENCE NORTH 17 DEGREES 57 MINUTES 52
SECONDS WEST ALONG THE EASTERLY R/W OF THE FLORIDA EAST COAST RAILWAY, A DISTANCE OF
3,063.74 FEET; THENCE NORTH 72 DEGREES 02 MINUTES 08 SECONDS EAST, A DISTANCE OF 60.00
FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THAT CERTAIN RECTANGULAR PARCEL, GENERALLY DESCRIBED AS:
A PORTION OFU.S. LOT 5; SECTION S,TOWNSHIP 18 SOUTH,RANGE 34 EAST, LYING EASTERLY OF THE
FLORIDA EAST COAST RAILWAY AND BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AS A POINT OF REFERENCE COMMENCE AT THE NORTHEAST CORNER OF U.S. LOT 4, SECTION 5,
TOWNSHIP 18 SOUTH, RANGE 34 EAST, SAID POINT OF COMMENCEMENT BONG A 112 INCH
ELECTRICAL FETAL TUBING PIPE BONG CERTIFIED CORNER NO. 0005904; THENCE SOUTH 21
DEGREES 27 MINUTES 28 SECONDS EASTALONG THE EASTERLY LINE OF U.S. LOT A DISTANCE OF
801.67 FEET;THENCE SOUTH 72 DEGREES 02 MINUTES 08 SECONDS WESTA DISTANCE OF 50.09 FEET
THENCE SOUTH 21 DEGREES 27 MINUTES 28 SECONDS EASTA DISTANCE OF 1408.01 FEET; THENCE
SOUTH 69 DEGREES 32 MINUTES 00 SECONDS WESTA DISTANCE OF 809.67 FEETTO A POINT ON THE
EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY, A 100 FOOT
Instrument #2023093366 #37 Book:8403 Page:4229
RIGHT OF-WAYAS NOW LAID OUT; THENCE NORTH 17 DEGREES 57 MINUTES 52 SECONDS WEST,
ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 215.00 FEET FOR THE POINT OF BEGINNING;
THENCE CONTINUE NORTH 17 DEGREES 57 MINUTES 52 SECONDS WEST, ALONG SAID EASTERLY
RIGHT-OF-WAY, A DISTANCE OF 210.00 FEET THENCE NORTH 72 DEGREES 02 MINUTES 08 SECONDS
EAST, A DISTANCE OF 519.00 FEETTHENCE SOUTH 17 DEGREES 57 MINUTES 52 SECONDS EAST, A
DISTANCE OF 210.00 FEET; THENCE SOUTH 72 DEGREES 02 MINUTES 08 SECONDS WEST, A
DISTANCE OF TOTHE POINT OF BEGINNING.
Also known as: 1661 Cow Creek Road, Edgewater, Florida 32132
Parcel Identification Number 8405-00-00-0130
PARCEL 2:
A PORTION OFU.S. LOTS 4 AND 5, SECTION 5, TOWNSHIP 18 SOUTH, RANGE 34 EAST LYING EASTERLY
OF THE FLORIDA EAST COAST RAILWAY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AS A POINT OF REFERENCE COMMENCE AT THE NORTHEAST CORNER OF U.S. LOT 4, SECTION 5,
TOWNSHIP 18 SOUTH, RANGE 34 EAST, SAID POINT OF COMMENCEMENT BEING A 1/2-INCH
ELECTRICAL METAL TUBING PIPE BEING CERTIFIED CORNER NO.0005904;THENCE SOUTH 21
DEGREES 27 28" EASTALONG THE EASTERLY LINE OF SAID U.S. LOT 4, A DISTANCE OF 801.67 FEET;
THENCE SOUTH 72 DEGREES 02* 08" WEST A DISTANCE OF 50.09 FEET FOR THE POINT OF
BEGINNING; THENCE SOUTH 21 DEGREES 27 28" EASTA DISTANCE OF 733.03 FEET; THENCE SOUTH
72 DEGREES 02 08" WEST A DISTANCE OF 767.77 FEET TO A POINT ON THE EASTERLY RIGHT OFWAY
OF THE FLORIDA EAST COAST RAILWAY EDGEWATER CUTOFF, A 100-FOOT RIGHT-OF-WAY AS NOW
LAID OUT; THENCE NORTH 17 DEGREES 57 52* WESTALONG SAID EASTERLY RIGHT-OF-WAY A
DISTANCE OF 731.67 FEETTHENCE NORTH 72 DEGREES OZ Or EAST DISTANCE OF 723.11 FEET TO
THE POINT OF BEGINNING.
THE WESTERLY 60.00 FEET OF THE ABOVE -DESCRIBED PROPERTY SUBJECT TO A ROAD AND UTILITY
EASEMENT. TOGETHER WITH THE RIGHT TO USE A 60-FOOT ROAD AND UTILITY EASEMENT
DESCRIBED AS FOLLOWS: A PORTION OF LOTS 4, 5 AND 6, LYING EASTERLY OF AND PARALLEL TO
THE FLORIDA EAST COAST RAILWAY EDGEWATER CUTOFF AND NORTHERLY OF STATE ROAD $442,
ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: AS A POINT OF REFERENCE COMMENCE
AT THE NORTHEAST CORNER OF U.S. LOT 4, SECTION 5, TOWNSHIP 18 SOUTH; RANGE 34 EAST, SAID
POINT BEING A 1/2-INCH ELECTRICAL METAL TUBING PIPE BONG CERTIFIED CORNER #0005904;
THENCE SOUTH 21 DEGREES 27 28" EASTALONG THE EAST LINE OF SAID U.S. LOT 4, A DISTANCE OF
801.67 FEETTHENCE SOUTH 72 DEGREES OZ O8" WEST, A DISTANCE OF 713,20 FEET FOR THE POINT
OF BEGINNING; THENCE SOUTH 17 DEGREES 57 52" EASTALONG A LINE THAT IS 60 FEET EASTERLY
OF AND PARALLEL WITH THE SAID FLORIDA EAST COAST RAILWAY EDGEWATER CUT-OFF, A
DISTANCE OF 3071.11 FEET TO THE NORTHERLY RIGHT-OF-WAY OF STATE ROAD #442; THENCE
SOUTH 79 DEGREES 02' 02.5" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY OF STATE ROAD #442,
A DISTANCE OF 60.45 FEET; THENCE NORTH 17 DEGREES 57 52" WEST ALONG THE EASTERLY
RIGHTOF-WAY OF STATE ROAD #442, A DISTANCE OF 60.45 FEET; THENCE NORTH 17 DEGREES 57 52"
WESTALONG THE EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY, A DISTANCE OF
3063.74 FEET; THENCE NORTH 72 DEGREES 02' 08" EAST, A DISTANCE OF 60.00 FEET TO THE POINT
OF BEGINNING.
SUBJECT TO AND TOGETHER WITH A PERPETUAL EASEMENT FOR NON-COMMERCIAL PURPOSES IN
FAVOR OF STEPHEN C HALLAND BARBARA S. HALL, HIS WIFE, AND THEIR HEIRS AND ASSIGNS, AND
DAVID L. BIDDULPH AND BERNA SUE BIDDULPH, HIS WIFE, AND THEIR HORS AND ASSIGNS, FOR THE
PURPOSE OF FISHING, BOATING, AND RECREATION IN THE EXISTING LAKE LOCATED ON THE
FOLLOWING -DESCRIBED PROPERTY:
Instrument #2023093366 #38 Book:8403 Page:4230
A PORTION OF U.S. LOTS 4 AND 5, SECTION 5, TOWNSHIP 18 SOUTH, RANGE 34 EAST LYING
EASTERLY OF THE FLORIDA EAST COAST RAILWAY AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
AS A POINT OF REFERENCE COMMENCE AT THE NORTHEAST CORNER OF U.S. LOT 4, SECTION 5,
TOWNSHIP 18 SOUTH, RANGE 34 EAST, SAID POINT OF COMMENCEMENT BEING A 1/2-INCH
ELECTRICAL METAL TUBING PIPE BEING CERTIFIED CORNER #0005904; THENCE SOUTH 21 DEGREES
27' 28" EAST, ALONG THE EASTERLY LINE OF SAID U.S. LOT 4, A DISTANCE OF 801.67 FEET FOR THE
POINT OF BEGINNING; THENCE CONTINUE SOUTH 21 DEGREES 27 28" EAST, A DISTANCE OF 1030.01
FEET, THENCE SOUTH 68 DEGREES 32" 00" WEST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 21
DEGREES 27 28" EAST, A DISTANCE OF 361.83 FEET; THENCE SOUTH 69 DEGREES 32' 00" WEST, A
DISTANCE OF 809.61 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST
COAST RAILWAY EDGEWATER CUT-OFF, A 100-FOOT RIGHT-OF-WAY AS NOW LAID OUT, THENCE
NORTH 17 DEGREES 57 52" WEST ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 1441.76
FEET;TF
BEGINNING. LESS AND EXCEPT THE EASTERLY 50 FEET.
Also known as: 1531 Cow Creek Road, Edgwater, Florida 32132
Parcel Identification Number: 8405-00-00-0131
PARCEL 3:
A PORTION OF U.S. LOT 5; SECTION 5, TOWNSHIP 18 SOUTH, RANGE 34 EAST, LYING EASTERLY OF
THE FLORIDA EAST COAST RAILWAY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AS A POINT OF REFERENCE COMMENCE AT THE NORTHEAST CORNER OF U.S. LOT 4, SECTION 5,
TOWNSHIP 18 SOUTH, RANGE 34 EAST, SAID POINT OF COMMENCEMENT BEING A 1/2 INCH
ELECTRICAL METAL TUBING PIPE BONG CERTIFIED CORNER NO. 0005904; THENCE SOUTH 21
DEGREES 27MINUTES 28 SECONDS EASTALONG THE EASTERLY LINE OF U.S. LOT 4 A DISTANCE OF
801.67 FEET; THENCE SOUTH 72 DEGREES 02 MINUTES 08 SECONDS WESTA DISTANCE OF 50.09
FEET THENCE SOUTH 21 DEGREES 27 MINUTES 28 SECONDS EAST DISTANCE OF 1408.01FEET,
THENCE SOUTH 69 DEGREES 32 MINUTES 00 SECONDS WEST A DISTANCE OF 809.67 FEET TO A
POINT ON THE EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY, A 100 FOOT
RIGHT-OF-WAY AS NOW LAID OUT; THENCE NORTH 17 DEGREES 57 MINUTES 52 SECONDS WEST,
ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 215.00 FEET FOR THE POINT OF BEGINNING;
THENCE CONTINUE NORTH 17 DEGREES 57 MINUTES 52 SECONDS WEST, ALONG SAID EASTERLY
RIGHT-OF-WAY, A DISTANCE OF 210.00 FEET THENCE NORTH 72 DEGREES 02 MINUTES 08 SECONDS
EAST, A DISTANCE OF 519.00 FEET; THENCE SOUTH 17 DEGREES 57 MINUTES 52 SECONDS EAST, A
DISTANCE OF 210.00 FEET, THENCE SOUTH 72 DEGREES 02 MINUTES 08 SECONDS WEST, A
DISTANCE OF 619.00 FEET TO THE POINT OF BEGINNING.
Also known as: 1535 Cow Creek Road, Edgewater, Florida 32132
Parcel Identification Number: 8405-00-00-0132
Instrument #2023093366 #39 Book:8403 Page:4231
EXHIBIT "B"
OVERALL DEVELOPMENT PLAN
18
MUPUD Agreement
Instrument #2O230933GG#4OBook:84O3Paga:4232Laura ERoth, Vo|uaiaCounty Clerk ofCourt