01-07-2008
EDGEWATER POLICE DEPARTMENT
DATE: 12-21-07
TO: Robin Matusick
FROM: Dan Blazi Chairman Police Pension Board
SUBJECT: City Assigned Trustee
Malecia Williams has resigned as the city assigned trustee for the police pension board. We
presently are short one member, and need a new replacement. Please help facilitate getting an
appointed position active for the board. Thank you in advance for your consideration.
Police Pension Board Chairman
Dan Blazi
Cc. City
,..-
. ..--/
Cl>0
( ."--"
.'
ARTI CLE IX
ADMINISTRATION OF PLAN
SECTION 9.01-BOARD OF TRUSTEES.
A. The sole and exclusive administration of and the responsibility for the proper operation of the Plan and
for making effective the provisions of this resolution are hereby vested in a Board of Trustees. The
Board of Trustees is hereby designated as the Plan Administrator.
B.
The Board of Trustees shall consist of five (5) Trustees, two of whom, unless otherwise prohibited by
law, shall be legal residents of the City, who shall be appointed by The City of Edgewater City Council
and two of whom shall be Members of the City of Edgewater Police Department who shall be elected by
a majority of the Police Officers who are members of the Plan. The fifth Trustee, who shall also be a
legal resident of the City of Edgewater, shall be chosen by a majority of the previous four Trustees as
provided for herein and such person's name, the City of Edgewater City Council shall, as a ministerial
duty, appoint such person to the Board of Trustees as its fifth Trustee. The fifth Trustee shall have the
same rights as each of the other four Trustees appointed or elected as herein provided and shall serve a
two (2) year term unless he sooner vacates the office. Each City Council appointed Trustee shall serve
as Trustee for a period of two (2) years unless he sooner vacates the office or is sooner replaced by the
City of Edgewater City Council at whose pleasure he shall serve. Each Police Officer Trustee shall serve
as Trustee for a period of two (2) years, unless he sooner leaves the employment of the City as a Police
Officer or otherwise vacates his office as Trustee, whereupon a successor shall be chosen in the same
manner as the departing Police Officer Trustee. Each Trustee may succeed himself in office. The Board
shall establish and administer the nominating and election procedures for electing the fifth Trustee and
Officers of the Board of Trustees.
C. The Board shall meet at least quarterly each year.
D. The Board shall be a legal entity with, in addition to other powers and responsibilities contained herein,
the power to bring and defend lawsuits of every kind, nature, and description.
E. The City Attorney shall give advice to said Board of Trustees in all matters pertaining to their duties
in the administration of the Plan whenever requested; and shall represent and defend said board as
its attorney in all suits and actions at law or in equity that may be brought against it and bring all
suits and actions in its behalf that may be required or determined upon by said Board. However, if
the Board of Trustees so elects, it may employ independent legal counsel at the pension fund's
expense for the purposes contained herein, together with such other professional, technical, or
other advisers as the Board deems necessary.
F. The Trustees shall annually, by a majority vote, elect a Chairman and a Secretary from among
their members. The Secretary of the Board shall keep a complete minute book of the
actions, proceedings, or hearings of the Board and shall comply with all Secretary duties provided
in Section 185.06(3) of the Florida Statutes.
RESTATEMENT OCTOBER 1, 1997
46
ARTICLE IX (4-28312 -1)
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAME~(J,..." cis (,0 ~. ~; CL"'l- TIt :-
Po ~oK "7.-13 tJe......J Sl"'l..frroc...) PI $7./,0
ADDRESS f3-z.C6 T("o...It~/e~s 'PGt.IY"\. Or) (;J~eu/a -rer I r I
'-~
,~:
01
:?"2/""3, ~!
~
HOME PHONE 41..>-~t6 BUSINESS
PHONE 3"5b -~4f.. - ILfI b
OCCUPATION 5eulVl'le-
sc
:. Ii? .
,~..
,...~~
Are you a resident of Edgewater Y ~ ':>
long If ljeo-rs
Is your principal place of employment in Edgewater? ~ 0 if yes how long?
Briefly state your interest in serving on a City board, agency or committee:';; o~r a...
How
:.s ci \.Ie. OV\
- t-Jer f~ j"'d
~ vJ~r k-co~ 0.....1 - e..c.OYlO~IM;c
yov/."-~ 7er"'So n "5
ha.."<"t1. ~r
State your experience/qualifications -ZOD' f\l\a.;~ \a ""J P-lj'^ ~(lt!)a / ~r~clJc~J --.06 c...c
j'V1C~JoI';A~ ',,,, (DrJ'lf,)~c:c.'~/1(.e a-""J :CjI\~r~-t1o'" -r.;ct....I"Dlo5r, JI'Vle."""~er
'\/'0 Ivs'ic.. ~J>'lt:Lf J)e/(t'lQ:: (a.. ~i,- 6"f.CCJ t:; v< (uV"'l'Vt; -tc~e..
Are you a registered voter? Yec::;
Are you employed by the City? ~ 0 Do you hold public office? ,J {)
At the present time, do you serve on any other Boards, Agencies, or committees? Y@...~ If so, list
each: \it() r vs ; a.. ~ep- oc- ( ~ k)c. b .e <!. u-h J ( ( ::> ,'J'1 "" ,-tce~
AA
a+::
Have you ever served on any boards, agencies, or committees? ,JOlf so, list each:
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS. AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
1-ANIMAL CONTROL BOARD
2-CITIZEN CODE ENFORCEMENT BOARD
~CONSTRUCTION REGULATION BOARD
-I-ECONOMIC DEVELOPMENT BOARD
LFIREFIGHTERS PENSION BOARD
'Z-L1BRARY BOARD
tRECREA TION & CULTURAL SERVICES
iPLANNING & ZONING BOARD
'-LPOLlCE PENSION BOARD
b VETERANS PARK ADV. COMMITTEE
7-/(J-tJJ~-I#'~
I 0 r::~I\J~R AI ~MPI ()V~~.c:: P~I\J.c::I()1\J R()ARn
U'{-19-05.A08:27 RCVD
THE CITY OF EDGE WATER
POST OFFICE BOX100-EDGEWATER, FLORIDA 32132-0100
APPLICATION FOR APPOINTMENT ro CITY
BOARDS OR. COMMITTEES,
c-r- I
NAME rlelt J1) ()/ F :DeL It)) G~ V
,ADDRESS j I.: 9 IJ 771hJ IlJtl / Jui)J) R-
HOME PHONE J-/:J 2> - t) I,';). 3 ' BUSINESS PHONE
OCCUPATION . @<2??u..-.
Are you a resident of Edgewater ye~ How long
/I/-~
j~ ~L,
(
, .
Is your principal place of employment in Edgewater?
, if yes how lOng?
~ri~fly state yorir interest in ~erving on a City board or
'.
commi ttee: )l19t/t:. /;1/71.e.,~r j IV C/ '7}
State Y.>:mr experience/qualifications
'~U~1I1Je5S' C>td/Vt:L . '..
Are you a registered voter? y~~
,Are you employed by the City?....lJl.J2Do you hold. p~blic office? Iv D
,At the present time, do you serve on any other Boards or coinmittees?
n/ j) If so, list each:
Have you eve~ served on any boards, agencies, or committees?
list each:. '-P,."f / ~t -PeP. ~oA-1L\:>
If so,
, (BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE :INDICATE BOARDS OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING, TO CHOICE BY NUMBER
ANIMAL CONTROL BOARD
~GENERAL EMPLOYEES PENSION. BOARD
_LIB~RY BOARD
_RECREATION & CULTURAL SERVICES
PLANNING & ZONING BOARD
~POLICE PENSION BOARD
_VETE~S PARK ADV. COMMITTEE
_____CITIZEN CODE ENFORCEMENT BOARD
_____CONSTRUCTION REGULATION BOARD
_____ECONOMIC DEVELOPMENT BOARD
_____FIREFIGHTERS PENSION BOARD
7/;?/()6~
I /
THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDG~1~i{.fIfi/Rf~/2132-0100
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAME C-./I A Il.. LiT .$
IJ. C f< )') 1"1;" tJ
ADDRESS I 7 } q f) I ~ r 6 (t Y /J II L P1 ;://<--
HOME PHONE 'I Q.3 . 'i?~ 7 3 BUSINESS PHONE (p '} O~ ~ Li (; '/
(V:CTJPATION_..$Jl J... J!'S h1 A J1) ~ 6- 6yL
Are you a resident of Edgewater y!;; ~' How long ~ 1f1 "'",'f~ r
Is your principal place of employment in Edgewater? AJ ()
if yes how long?
Briefly state your interest in serving on a City board, agency or
committee: r ;:::.,.-<:: L Jq.s,'-K)..fLe.~.IJ:i'~1V1 OF" 13J..6-,c'tr.-'/1.rt'i'-..
r W D<-<.'Ld 1-, /U:..ro S c: IN vol. v.e..d
",','
{I\J I r~ ;if,:/Do c;.. It. ~- S:' .'.,
..'{f
State your experience!qual,ffications :r: /d &v ( [g:.ee IV ~),~.,,-/l i 1< Ii-
;;~~.
J \.-0 K3 LA So i YV e ~ s ~CA <-v U:4D '/lLS:' Z; iJ e.p.1- u./lrh /11 p.v'l P .,,-1(. s.,," ,1 Z .'_~55
e.14 12.. ~
Are you employed by theCity?~Do you hold pUblic office? /'..'/)
-';~ ~";"'I~; ::;;..
At the present time, do you serve on any other BO'~rds, Agencies, or
committees?_.iYLl.-If so, listeach:,'~~',,,
Have you ever served on any boards, agencies, or committees~
If so, list each: I\J ()
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_____GENERAL EMPLOYEES PENSION BOARD
ANIMAL CONTROL BOARD
_____LIBRARy BOARD
! I~CITIZEN CODE 8NFORCEMENT BOARD
_____RECREATION & CULTURAL SERVICES
~CONSTRUCTION REGULATION BOARp .
_____ECONOMIC DEVELOPMENT BOARD
FIREFIGHTERS PENSION BOARD
SIGNATURE r!/.L/,.)- V. (l//'t.<:t'n~-
" SEE REVERSE SIDE FOR LISTING OF BOARDS,
PLANNING & ZONING BOARD.
~~POLICE PENSION BOARD
_____VETEPJlNS PARK ADV, COl-lllITTi'Y
1" S
DATE: I~, () j
AGENCIES AND COMMITTEES" (REV 1-02L._'
;2 -( 0 ~o 3- ..Ji/Il9, .,.__,,-C;,>
(,_'0--0)' If '(
~. - " ..
lO-20-05A08:00 RCVD
AP LICATION FOR APPOINTMENT TO CI~.
BOARDS, AGENCIES OR COMMITTEES
NAME
ADDRESS
&:--IA--.r~
BUSINESS PHONE 3.~6 b'6'1 b84-0
0\6
OCCUPATION us\
Are you a residen
() '""'''-C~
of Edgewater
How long
~
Is your principal
Briefly state you
conunittee: T
hold public, 'office? ~o .
~~~~~~~~,,;..il~:~~~:'M~nc'~es, or
-'"".~fNi:;~1;7~~"'''''' - .,!
. -. -..6.._ "'~.~. ..'"a..,"...'.,.-".,.....,....~.._"'.~~..,',.... ",~""~,;""_1"-~"'''''~''_
'\'-....tif~. -..... ~'*~ '..~ '.:..<
(BOARD, AGENCY "'COMMITTEE MEMBERS -MAY1BE REQUIRED TO FILE WITH
"'",:f'-' '. ..,. .--.'., i:. '"\ k\ .,!?";'
THE STATE, FINANC AL DISCLOSURE FORMS.. EACH YEAR)
PLEAS INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_____GENERAL EMPLOYEES PENSION BOARD
d.2.-ANIMAL CON.TROL B
_____LIBRARy BOARD
_____RECREATION & CULTURAL SERVICES
_____CITIZEN CODE
~CONSTRUCTION
BOARD
PLANNING & ZONING BOARD
~POLICE PENSION BOARD
~VETE~S ~ARK ADV. 'COMMITTEE
oS-
ECONOMIC DEVELOP
.'. Q2:.' . .. .::....:...; ".:.:
. .' .
. ....."
"FlREFIG T
BOARD
BOAR~
~\-"-.r><
.. SEE
LISTING OF BOARDS, AGENCIES AND
AGENDA REQUEST
Date: December 13. 2007
PUBLIC
HEARING
RESOLUTION
ORDINANCES
BOARD
APPOINTMENT Januarv 7.2008 CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Request for reappointment to the Economic Development Board to fill one (1) expiring term.
BACKGROUND:
Mr. Robert Lott whose term expired on September 27,2007, is seeking reappointment.
ACTION REQUESTED:
Motion to reappoint Mr. Robert Lott for a 3-year term
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~
Patricia Drosten, Board Coordinator
Economic Development Board
APPLICA nON FOR APPOINTMENT TO
CITY BOARDS AND COMMITTEES
04-11-07Al0:18 RCVD
Name
(J.- S~~ c\~(
Address
l ' \v e- (
?/~La L\ t\() 4-41 ~ Business Phone
Se If' (/ ~Vtp IoWA
"it? <)
'-tis
a... V-- U \""" ,
8
bu S\ (\LoS > wo~
~ L S"'-.S
5 I (\(2 QC1? LX t'
Home Phone
Occupation
Are you a registered voter?
Are you a resident of Edgewater?
Is your principal place of employment in Edgewater?
If yes how long?
d-Y~~\5
Voting District
How long?
'-{.e-s
Briefly state your interest in serving on a City board or committee:
_lN~a* +0 bJl \f\VO\VGJ 'A W,,~ \ .5~d\^S00
State your experience/qualifications T ctM ct r.e.~\ R~~~k t V'\ve6tnr-
~r'{~f'\J \6 eJ..-UtV\LJ,p ~~Wc~ Ocv\A ""'CA ~
~O\l<'\'v\ 5 Q +Co, ck. VI l.e Cbr 'I!)U ~ i 6 U <>A fX7 Df'La
Are you employed by the City? 00 Do you hold public office? )0 0
If so, list each:
G
At the present time, do you serve on any other Boards or committees?
Have you ever served on any boards or committees?
If so, list each: ~ \' ().. ~ 1 ~ Q\"-S
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH TIlE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
})LEASE INDICATE TIlE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_ANIMAL CONTROL BOARD
_CITIZEN CODE ENFORCEMENT BOARD
-~CONSTRUCTION REGULATION BOARD
~~l2.
_FIREFIGHTERS PENSION BOARD
.-..
_GENERAL EMPLOYEES PENSION BOARD
LIBRARY BOARD
_RECREATION & CULTURAL SERVICES
~LANNING & ZONING BOARD
_POLICE PENSION BOARD
_VETERANS PARK ADV. COMMITTEE
Signature ~LCltj~~A
(REVISED (2-10-04)
Date
:3 -14'''D1
"
, , ,
THE CITY of EIJGEWA'TER
',POST OFFICE BOX 1 OO-EDGEWATER. :FLOIuDA '32132-0100
,.APPLIcATION :FOR ~POmMNT'TO' CITY "
" BOAlmS ,'OR: COMMITTEE,S"
NAME' AfJ\H~S Wl\~e;
ADDRESS d.~3' ~lc\~\e\ AVe
HOME': PHONE '~d, 9. - 5 Lie 7,< ' .. ,BUSINESS PHONE
'OCCUPATION reA,tred
,Are you a residentof'Edgewater ,Y~5' How'long :3 l ,/enr'5
09-?4,-oi Al1:45 IN
'.
Is your
, Bri,efly
o.V')Ol, l6es
\Ol'\ - '
, 'Are: you e$pl.oyedhy th~' City? N.o 'Do you 'h'o14 ,p~bi.ic 'office? No
,At the' preseht. ~ime~" dQ, you: ~erve on apy bt,hei'~bards, or cOInmittee.s?,
~e'3 ,If so, llst each: ,'C-\-t-l2el'\Volu'0-teer, ".,
. . . .
, Have you eveI;' served on
list 'each:: ,c.. ~..h
or committe~s?
"
lfso,
(BOARD AND COMMITTEE MEMBERS MAY BE, REQUIRED TO FILE ,'WITI;I TIlE STATE,
FINANCIAL DISCL<:>S~FORMs:EACH nAR) . , ..
" , PLEASE INDICATE BOARDS OR COMMITTEES YOU
WoULD LIKE TO SERVE' ON AND RANK THEM ACCORDING, TO CHOICE BY NUMBER,
~ANIMAL 'CONTROL BOARD
~CI.TIZENCODE ENFORCEMENT BOARD
~CONSTRUCTION REGULATI~N BOARD
L~CONOMI~ DEVELOPMENT'BOARb
_____FIREFIGHTERS PENSION BOARD
_____GENERAL EMPLOYEES PENSION B9ARD
, ," ~LIB~RY BOARD '
~RECREATION & CULTURAL SERVICES
~P~ING &ZONI~G BOARD
, "
: . .
~POLICE PENSION ~OARD
_____VETE~SPARK ADV. COMMITTEE
, SIGNATURE
SEE REVERSE SIDE FQ
,!J~
, DATE:
(2-10-03)
{J ,'- /7- (j]
" 'J - ~ :'j - !., j -'., i i .~
"
..
APPLICATION FOR APPOINTMENT TO
CITY BOARDS AND COMMITTEES
Address
5" y Ive..s-f<:>r
/
? 2- c> l' e> V- LJ..- U f .,P~ Ih..., C e..
3c?'(' c( 2 7 c; '7 J-- if Business Phone /1.) ZJ J/I ~_
~('_+ I v--e-l CbY/..f,r'&-C-o!O"r-- /'rac.<'-I e.,id2:1e.
/
V oting District
Name
\ W\
Home Phone
Occupation
/1/) t' ~ $' -Iv J.-
Are you a registered voter? Ye 5
/
Are you a resident of Edgewater?
'2-
Yes-
/
How long? 2- y v>
/I ) J\ i e.. k'A IV I~ ye j
. V
Is your principal place of employment in Edgewater?
If yes how long?
Briefly state your interest in serving on a City board or committee:
'?'.:>,-,/t'; "''''1' -fn v- v,h> )/S r;; V'"edvc.~ Z~ rL~. ~v br(..~6-~1 "-M//lf 71.,. 1;,.;( 6A6C
State your experience/qualifications 10_5 t em. ffz.yft''1. i ) J.u/t/",-(.fl5 (?ed t %.>'"rd:!c. Se,j..es/
CDlt- -f lr/.t- G fe 'v- / 1)<>:.f a. \r't ,11/1 < &.1- ~ JI2-1..d U ,1LfJ \,- (."') P ?vl/ UA//., :; 7& J1 Jc<. vi;
?< <;f J) ,..od~ Th ((-z>vt.T, 7:,M ,../v s-{ V-li~j l'Yla,'1 f I {~I"t 4 ((,c: 1\"'-> ~ I ( :f.,n" e..... X-e;t.. -V~....<'<-
/
Are you employed by the City?-L\LQ....Do you hold public office? !lJ 0
At the present time, do you serve on any other Boards or committees? IV 0
If so, list each:
Have you ever served on any boards or committees? JJ?J t I h V Cl t II ~ (/-r...- ~ 'it.
Ifso,listeach: zkc~+lr-r c.'bl J:>>s-ftt..c:+oY" - cPVI,.-t4- bDl.ulv_ -PI
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_ANIMAL CONTROL BOARD _GENERAL EMPLOYEES PENSION BOARD
_CITIZEN CODE ENFORCEMENT BOARD LIBRAR Y BOARD
_CONSTRUCTION REGULATION BOARD RECREATION & CULTURAL SERVICES
i XECONOMIC DEVELOPMENT BOARD 2. ~PLANNING & ZONING BOARD
_FIREFIGHTERS PENSION BOARD _POLICE PENSION BOARD
_VETERANS PARK ADV. COMMITTEE
Si~Me~_/~r#~ ~
(REVISED 10-04) /'
Date
6~/D~/D7
I
APPLICATION FOR APPOINTMENT TO
CITY BOARDS AND COMMITTEES 09-05-0 6P 12: 27 Rev D
Name Chr~top~er R. _Smithers
Address~~O Snyder St., Edgewater, FL 32132
HOI11~ Phon~ 386-409-7614
Business Phon~ 386-345-0404
OccupatiOlPwner FLmortgageDr, Inc. (Eclipse Mortgage Services)
Are you a resident of Edgewater? Yes
Voting District Precinct 901
H.ow long? Nearly 5 years
Are you a registered voter? Yes
Is your principal place of employment in Edgewater?NO - we recently moved to Oak Hill from
Edgewater
If yes how long?
Briefly state your interest in serving on a City board or committee:
Edgewater is my home and I would like to participate in shaping it's economic
rulUl to:
State your experience/qualifications
Owning active businesses that associate dilligently with business owners of Edgewater
(among others) and my Chamber of Commerce and Better BUSiness Bureau membership
shows that I am an active and ethical orofessional in our community.
Are you employed by the City?~Do you hold public office? No
At the present time, do you serve on any other Boards or committees? No
If so, list each:
Have you ever served on any boards or committees? No
If so, list each:
(BOARD AND COMMITTEE MEMBERS MA Y BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_ANIMAL CONTROL 130ARD
_GENERAL EMPLOYEES PENSION BOARD
CITIZEN CODE ENFORCEMENT BOARD
L1I3RARY BOARD
_CONSTRUCTION REGULATION 130ARD
RECREATION & CULTURAL SER VICES
XXX ECONOMIC DEVELOPMENT BOARD
PLANNING & ZONING BOARD
FIREFIGHTERS PENSION BOARD
POLICE PENSION BOARD
VFTERANS PARK ADV. COMMITTEE
Signature_!./~- -Il- -r;z~-------
(REVISED (~
8/31/2006
Date
1211 ~NYDI:H ~T.' FI)(;FW.\TI':\{. 1'1.' .,21.>2
P 1\ () N I':' X (, - 4 (I 'J - ~ (d 4 . 1.:- ~1. \ II. C111( I ~ ~I;' F <: I. I P ~ I': ~I T (; . <: () ~I
CHRISTOPHER R. SMITHERS
on.! ECTI \'E
To use my talents and interests to build a n'\varding career.
\'\'ORK EXPERIENCE
Ilj2004 - Present] FLmortgageDr. Inc. (DBA Eclipse Mortgage Services)
Edgewater, FL/Oak Hill, FL
o J/l/Ier/ AI or<gt{ge broker
· Brokers mortgage loans Eor consumers.
· Processes mortgage loans.
· Contacts \'arious lenders to find correct product for client.
r 7 j2004 - 10/2004] Sloan Mortgage Group, Inc.
\,'inter Park, FL/Edgewater, FL
Alor<~<<ge broker
· Brokers mortgage loans for consumers.
· Processes mortgage loans.
· Contacts ,'arious lenders to find correct product for client.
[.'i/2()02 - Present] Transportation Services of Vol usia County, Inc.
Edgewater, FL/Oak Hill, FL
OjJice m(/IIt1L~er/ dispatcher
· ,-\utomate scheduling.
· Dispatch drinrs to accomplish schedule needs.
· Help train dri,'ers.
[11/2000 - '7/2004] Mortgage Tek Financial. LLC.
Palm Coast, FL/Edgewater, FL
ProCl'.UW/I\ [ortgt{ge Broker
· Processes and brokers mortgage loans for consumers.
· Branch manager.
· Contacts ,'arious lenders to find correct product for client.
(:IIIUS'I'1 11'111.:R It S,\II'1'III':I{S RI':SII,\II':
1 OF 3
EDU(:.\'rI ()N
15/2000 - 5/2()02] Seminole County Government - BCe.
Sanford, FL
Oil/ii/NUl! dl'J/:~l/l'r/ prr~~mIJIIJI1'r
· I\leet with county consumers to match their needs with products,
· .\utomate commissioners using Palm products,
· Produce database products to automate proccsses.
112/1 <J<)- - 5/2()()()J Orlando Sentinel Communications, Inc.
Orlando. FJ.
Pro.~mmll1i1lli1.~l'r/ .f}'J1l'I71 tIIlt/()'J/
· Supen'isc O\'cr 50 cmployccs.
· Stri,'c to exceed clicnts' sales needs.
.
Keep ,'arious database platforms running to peak efficiency.
111/1993 - 11/1<)97] United States Navy
VARIOUS (\\'orldwide)
fll/l'//zgwa Jpfciil/iJt - Pet()/o.lJiar
· Accluire/ analyze/ disseminate naval intelligence.
· I\Iake daily intelligence briefings,
· Learn to utilize cutting edge equipment.
1 2003-Prcsent] Daytona Beach Community College Daytona I3eh, FL
BIIJilll!JJ ildmilliJtra/ioll
[1993-1997] Navy & Marine Corp Intel Training Ctr VA Beach, V,\
1/ ilriollJ ill/d/zgl'lm COllrJl'J
· Graduated top of class - Intelligence Specialist and Database ,\nah'st
degrees.
· I\IeritoriousI:' promoted.
· I [onorabl:' discharged
I 1985-1987 ] University of Cincinnati
Complltl'r Scil'lIaJ
Cincinnati, Ohio
11973-1985 ] Milford Public Schools
Co//e.gl' prep
· Class president
· Studl,llt council presidetlt
· Captnin football/basehall teams,
Milford, Ohio
r:J IIUST< lJ>III':I{ R. S:--IITI !l-:I{S IU,:Sll:--II,:
2 OF:)
PROFESSION.\L i\IE~IBERSI-I1PS
./ Florida ,\ssociation of l\lortgagc Brokers
./ Natiol1al ,\ssociatiol1 of !\Iortgage Brokers
R I': I'-I': IZ /.: \: (: I': S
Cene !\fin01'
2366 hrn Palm Dr., Edgc\\'atcr, FL 3214 I
(386) 314-39] 9
Scott Schlcnsker
28] 9 Silnr Palm Drive, Edgcwater, FL 3214 I
(386) 690-2()()O
I-1m-old Young
won S Ridgcwoud "','e., Edgcwater, J<L 32132
(386) 235- 1136
(:IIRI:-;T< )I'III':I~ IL :-;:\IITIII':I~:-; RI.::-;li:\II.:
.) OF :1
APPLICATION FOR APPOINTMENT TO
CITY BOARDS AND COMMITTEES
NameKO\?!.fZ.'f (. ~ ~ D'\o~ '" 3' it.
Address d.q~l <;A&~L Q~LM rJOl.
Home Phone ~-4~~-C<CCO~ Business Phone :,eeo -Y:~J-a.~
occupationKrr~lL \)\~"'il..1~\.JnR r;;J\YC;UiTtR! ~~2 f4r)~'r.)
Are you a registered voter? Y 6 s V oting District i:\: 3
Are you a resident of Edgewater? Y:c;:s How long? ;;.... bY f21;- ~ M ~ h {..k
,Jr.:-s.
Is your principal place of employment in Edgewater? Y -
07-30-n7 P00'00 I
- '.>. 'J N
If yes how long? -:rtJJO Ye:..AS:LS .
Briefly state your interest in serving on a City board or committee:
. Wfr1PWJE TW--t Qp)f\ui<1 'Of ltf=~ p()~ \L~ ~t\")l.Cf\.t..J ~N" ~lTJZ~N4
State your experience/qualifications I \ \/12 > 'f~ f~ ni.~H:::~'\~ <b Y62..s. ~\J ~I J) ~bJ. O~1I\l;3v .J
_ I
~O~~~ ~~
\4{ V2.~ ~ll.. tv) "~^be:vt ) \tIb'c;.T't~ k~~ ,~r) WA't:.~.1)tJ. .l ~OJtv'O\.~ r: f1~.
T ~lrJ I~C'o 'b~ ~u.:tttl1.W~QMJr-I~r<.J..Fl,.(J.Ot;pr UJcl) Llf[tt'lt!.~B'LJ D.AV , \-\\C,~ ~~-ol~. -
Are you employed by the City? N Ci Do you hold public office? (Lk::)
At the present time, do you serve on any other Boards or committees? N~
If so, list each: \
Have you ever served on any boards or committees? \j e:-~
If so, list each: VC!)u)&IA Cal)~r'l1SetU.~1~\X.[ (1)>t~tS.Sli)~ fDt;rtVA~~f~. 1'1~\7~l4.<tS
J
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_ANIMAL CONTROL BOARD
GENERAL EMPLOYEES PENSION BOARD
_CITIZEN CODE ENFORCEMENT BOARD
LffiRARY BOARD
_CONSTRUCTION REGULATION BOARD
~~]iW:9iq_'p'MI;NTiBQ
_FIREFIGHTERS PENSION BOARD
RECREATION & CULTURAL SERVICES
.6.pLANNING & ZONING BOARD
POLICE PENSION BOARD
VETERANS PARK ADV. COMMITTEE
Sig=lure ~f€WL~~&
(REVISED -10-04)
Date JvJ~ ~u)d\kJ7
APPLlCA nON FOR APPOINTMENT TO
CITY BOARDS AND COMMITTEES
-.::> ......., b '" 05-14-07All:58 RCVD
Name . 15 fl,/ mON};. -J. DI A-ck. -..J2..
Address 33;2..'1 L{ ^' ;+1 Tk E~ "j) fZ./1I c= Ed.p /tt b~
HomePhone ,g/e-'1").'7- ~3S'o Business Phone '3~" - ;;t7)...~- '-1'1-/3
Occupation 13A-N fc. (l{ ftN A GE:fl- - f3ItNIc- 0 r:: fuEtt;C.,4
Are you a registered voter? ~ E~
V oting District
Are you a resident of Edgewater?
\.{ {; 5
How long?
Is your principal place of employment in Edgewater? N 0
If yes how long?
Briefly state your interest in serving on a City board or committee:
'hJ BE' 4>11-1 0 r:= Cro"u',')S (7,o.,..y M P 73F~Jt-5 /hY~VPR~~,<<'~'nJ /'r
State your experience/qualifications 0 F ,cr't''E/Z) ~ If AI' k 0 P /l71' ~',4? ,:;.-.4 / H/1-v IE" ?;~;C,/
().J 3 -'1 /3&'~/.2..d<;;; /hto /41\-"'6" '"73EF,v j/€~/ ~(/(!,EI'2>,l:v/c:..
. .
iM.) c;;,OlU~~ ., ;/I#h)uj do,td BE: f1 $6'T'rEtZ- CJe;.vw"21/-'nfY1./
Are you employed by the CitY?~Do you hold public office? f( 0
At the present time, do you serve on any other Boards or committees?
Ifso, list each: /Vo/VE
5~~e.;yo., {J{?toJ'tFe
L
f"'C(14 YILtIJC'/E
Have you ever served on any boards or committees?
If so, list each:
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_ANIMAL CONTROL BOARD
-LCITIZEN CODE ENFORCEMENT BOARD
_GENERAL EMPLOYEES PENSION BOARD
LIBRARY BOARD
_CONSTRUCTION REGULATION BOARD
- --z. ECONOMIC DEVELOPMENT BOARD
_RECREATION & CULTURAL SERVICES
.3 PLANNING & ZONING BOARD
_POLICE PENSION BOARD
_VETERANS PARK ADV. COMMITTEE
0"-/0- cJ ::;L-
Date
/
. .' .
THE CITY OF ED GE WATER
POST OFFICE BOX100-EDGEWATER,PLORIDA '32132-0100
APPLIcATION FOR APPOINTMENT .~' CITY
BOARDS OR. COMMITTEES,
,("i ; ~G.-\ ~.'0~ \J
J\DDRESS \~\:, ~'.~~\
HOME l?BONE ~ '\ \ .~(<)QS-
NAME
BUSINESS PHONE
-r-~
.' .OCCUPATION Q.:
Are you a resident of Ectgewater~Hbw 'long
Is your principal "place of 'empi~ym~Yt ih Edgew?ter?
if yes how long?
. Br~eflY state your interest in serving on a"'City board or
'~~a~/'
committee:
.~~\,. ?~['~"c,~
State your experience/qualifications
.' .~ .~e:\\"PJ\'C'.& ..' . " .'
Are. you' a register~d 'voter? \.v', \" 6E:. ,
" .Are you eI:nployed by th~ City? rl :DO you 'h'014 .p~biic office?
. At tl'1e preseht. t"ime~.. dq you: serve on any other. Boards or coinmi ttee.s?
. ~~f so, llst each:
Have you eve.
list each::
or committees?
If so,
(BOARD AND CoMMITTEE MEMBERS MAY BE. REQUIRED TO li'ILE . WITH THE STATE,
FINANCIAL pISCLOSUREFORMS:~CH YEAR) ,
: .. PLEASE nmICATE BOARDS OR COMMITTEESYOO .:. .
WOULD LIKE. TO SERVE' ON AND'RANKTHEM ACCORDING. TO caOICE BY NUMBER
, . / B !~'ic/~ IP~J 4Jv.("u_~:Hec.. ;1l?o
~ANlMAL 'CONTROL BOARD
~CITIZENCODE ENFORCEMENT BOARD
~NSTRUCTION' REGULAT~6N B~ARD
~ECONOMI~ DEVELOPMENT BOARD .
. .
-:--FIREFIGHT~ PnO~, RD Q
SIGNATURE ~ ~, _
SEE REVERSE SIDE FOR BOARD AND COMMITTEES LISTINGS
. ~GENERAL EMPLOYEES PENSION B9ARD
.. ~""RY BOARD' . . .
'V,~ ',.: '. REA, TION.& CU~~URAL . SERVICES'
.; PLANNING & ZONING BOARD .
. ,
. .
. .
_____POLICE PENSION BOARD
_____VETERANS ,PARK ADV. COMMITTEE
DATE:
(2-10~03)
fry t~ pu1
APPLICATION FOR APPOINTMENT TO CITY
BOARDS AND COMMITTEES
NAME Fu:>yO L r FUL FDRJ)
ADDRESS 17~ rCoOFRc.tt f2D C!JC::ELV't7~tL ;' PL 3t?-r<l-l
-~
HOME PHONE 3~(,", Lfd~ -?-~~~ BUSINESS PHONE 3~G, Cf;).9J .- 7!:J()r:J
OCCUPATION REftz.- Z<a71/f'i.-
Are you a registered voter?~~-P~~oting District
Are you a resident of Edgewater AJOf,3JHow long
Is your principal place of employment in Edgewater? ~~
if yes how long? 1 iY10 c.,
Briefly state your interest in serving on a City board or committee:
AS.5Ijq1J C IJ T"",o.J-:;TJ( i.4-i'. D L~7&.&-.!: tV:1
.l
State
5/r<F~
7~ ,
( F ~ tr1?c-'( ~O->
,v2J ..
Are you employed by the City?/UODO you hold public office?
At the present time, do you serv~ on any other Boards or committees?
AJD If so, list each:
Have you ever served on any boards or/i?~ttees?
m 1jA/'1 1b.o:J~o'7 IJ JI
,1.Jc:rr I11V'JVlC( fY'rL- I3chrl'D ~
,
POIf so, list each:
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_ 'Ree.. ~INANC.tc;:AD-I-\Oc..c.oM""\1TEE
_____ANIMAL CONTROL BOARD .
_____CITIZEN CODE ENFORCEMENT BOARD
- ---CONSTRUCTION'F,E-GULATION-SOARD-
G[:)~ECONOMIC DEVELOPMENT BOARD
_____FIREFIGHTERS
_____GENERAL EMPLOYEES PENSION BOARD
_LIBRARY BOARD
RECREATION & CULTURAL SERVICES
- (}!) 4PLANNING & ZONING -SOARD --
_POLICE PENSION BOARD
SIGNATURE
_VETERANS PARK ADV. COMMITTEE
*SEE REVERSE
DATE: /19 /'91 /u3
G OF BOARDS AND COMMITTEES (Revised 2-7-03)
lof ~ I 0-1 - S -h" I ,,+zrc.r-ka
\_\,L ~"\ \'\ I V ~fWh'l
c~ \i~
~vjV'\"('lvt ~
~V1~Q~V""L-P~t""
Computer systems and software literate, highly analytical, known for a timely and logical path to decisions.
Noted for developing clear and concise fmancial reporting and business modeling. Very strong EXCEL
As EVP, Finance & Operations developed a RlC Toy Manufacturer's systems and procedures and guided
Distribution Operations from startup thru $5million with fIrst year penetration into 4 of the top 5 retailers.
As Re-Engineering Officer /Sr. Project Director, implemented $1.2 MM annual profIt improvement in a
$60MM apparel designer/importer and $1.6 MM annual profIt improvement in a $22MM home-building fInn.
Managed multi-faceted 4-8 man project teams consisting of CPA's and Operations experts.
As founder and CEO of a $24 million Plastics Manufacturing Finn serving the electronics industry, raised over
$15 million in start-up capital and delivered fIrst year profIts of $1 MM on $15MM in revenue. Recognized for
outstanding management and quality systems by elite customer base.
As co-founder and COO ofa vertically-integrated plastics fInn, grew revenues from $0 to $67million (without
acquisitions) in seven years.
As COO, led two companies and 7 facilities thru full MRP/Financial software implementation. Developed in-
house, real-time WIP inventory tracking system, improving inventory accuracy to 99.4%. J::!
As COO oflargest segment, led parent to and through a successful IPO. Managed the designlbuild of 150,000
sq ft state of the art manufacturing facility, and the build out ofan additional 200,000 sq ft ofleased space.
Over 10 years of Automotive Industry experience with heavy concentration in the sheet metal, tool & die,
plastics and electronics sectors. On GM's "Executive Fast Track" program in both design/engineering and
manufacturing management.
Floyd L Fulford
176 Godfrey Road
Edgewater, FL 32141
(386) 428-7505 ffulford@aol.com
Summary of Capabilities/Experience
.
.
.
.
.
.
.
.
.
Employment History
2003-Pres. EXIT Realty New Smyrna Beach - Edgewater, FL - Broker/Owner (Real Estate Brokerage)
2001- 2002 Taiyo Edge Ltd Co - South Daytona, Florida -EVP, Finance & Operations (Toy Industry)
2000-2001 The PDP Group, - Altamonte Springs, Florida - Sr. Project Director (Reengineering Consulting)
1997-1999 Ultraglass, Inc., Port Orange, Florida-Owner (Marine Products Mfg & repair)
1996-1997 McKechnie Plastics Inc., Easley, South Carolina - President, LPA (Plastics Contract Mfg)
1990-1995 Apogee Plastics Inc., Daytona Beach, Florida - Founder, CEO (Plastics Contract Mfg)
1980-1989 Fame Plastics Inc. Statesville, NC - Co-founder, Executive VP & COO (Plastics Contract Mfg)
1979-1980 PPG Industries, Newton, NC - Engineering Manager (Plastics Contract & Captive Mfg)
-1971-1978 Chevrolet - Flint, Michigan -Mfg & Skilled Trades Manager, CAM Engineer (Automotive)
Education:
BIE, General Motors Institute MBA, University of Michigan, - dual major - fmance/marketing
State Licensed in Florida Real Estate (Broker) and Florida Community Association Management. (CAM)
CE in computer technology, software implementation, and software development.
GTltfz"SlI'Ul:-
. ,uL
t:.
.
~~
I
AGENDA REQUEST
Date: December 19. 2007
PUBLI C
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT Januarv 7. 2008
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION
Planning and Zoning Board appointment.
BACKGROUND
Due to the November 2007 election, Gigi Bennington has resigned from the Planning and Zoning
Board.
RECOMMENDATION
At their regular meeting of December 12, 2007 the Planning and Zoning Board determined that they
would not make a recommendation to City Council for the vacant Board seat.
ACTION REQUESTED
Motion to appoint a replacement to fulfill the remainder of Gigi Bennington's term, expiring on April
5, 2010.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NUMBER:
Respectfully Submitted By:
~Q.)l)D~D
Bonnie Wenzel -
Planning & Zoning Board Coordinator
t,
THE CITY of ED'GEWA'TER
' ,
, ,
POST OFFICE BOXl OO-EDGEWATER, PLORIDA32132-01 00'
,.APPLIcATION :roR APPOmTMENTw' CITY "
, "BOA1mS' OR: COMMITTEES"
NAME ACj'(Ies\Nl\\er'
ADDRESS d.d-3' \=~o.{~)e\' AVe
, ,
DOME l?DONE "~;). 2 - 5 ~ le 7,<
. . ..'
,OCCUPATION '(' e...t l r € cl
,Areyoll a resident, of, Edgewater ,Y~5 ' How long ,3 t' 'Ieo..r'5
o 9 - :2 4,- 0 7 Ail : 4 ~ f N
" ,BUSINESS paONE
, Is your
ih Edgew~ter? ,c,
\CJV\ - '
",Are: you eIPployedby thei' City? NO'Do you ,h'o14 :p~biic 'office? No
,At the' preseht t,irne~ dQ, you: s,ertre on apy ottier'~oards..or coinniittee,s?,
~e'5 ' If so; list ec3.'ch:, ',-<2..\-t-lZel'"\ 'V()lu,,~eer:.' -",_
Have you eve:r; served on
list_ 'each:: ,- c. \ +
or conunitte~s?
"
lfso,
- (B~' AND CoMMITTEE, MEMBERS MAY BE, REQUIREO- TO )rILE _ WITH THE _ STATE,
FINANqIALDISCL9.$~ 'FO~:-~CH~) _ ,_ '
, -- - PLEASE nIDICA'l'E B01\lU)S O:a. COMMITTEES YOU
. .' ., . . ." :
WOULD LIKE TO SERVE: ON AND RANK THEM ACCORDING_ TO CHOICE BY NUMBER
---:------o-ANlMAL-CONTROL BOARD
~CITIZEN-CODE ENFORCEMENT BOARD
~CONSTRUCTION REGULATi~N BOARD
LEco~oMI~ DEVELOP~E~T: BOAR'D
~FIREFIGHTERS 'PENSION-BOARD
. t .' '. .
_GENERAL EMl?LOYEES PENSION B,OARD' ,
- ,- ~LIBP,ARY - BOARD '
----,-RECREATION" CULTURAL SERVICES'
~P~ING & -ZON~~G BOARD
. '.'
_____POLICE PENSION ~OARD
_____VETE~S.PARK ADV. COMMITTEE
, SIGNATURE .
SEE REVERSE SIDE FO
',IJ~
. DATE:
(2-10-03)
9--- /7- tJ7
1 1 -<.:' ') <; 7 P 0 2 '7 ",
RCVC
. -",:..J
APPLICATION FOR APPOINTMENT TO
CITY BOARDS AND COMMITTEES
kp/L K-Cnr7~clJ
/005 F ~na/d s: ir.et!-f ./ h~'('tJa-k-rL .fZIJ 2
(3Yt) C/z,7- 9L//L Business Phone (.J7fc.) 3/'(- 908'..(,
5(; / /' l::./l/lj//o 7 -r' ~ J,q-/IJ c/S'c~p-( (C7Y? /yc" c.ro/L
~-es.
1ts
Name
Address
Home Phone
Occupation
Are you a registered voter?
Are you a resident of Edge water?
Voting District
#-1-
How long?
3/
'1 ea./S
If yes how long?
7 '1.( A/5
Is your principal place of employment in.Edgewater? ~ <(5
Briefly state your interest in serving on a City board or committee:
;n~ l~fWe5f i_S hila!; t; Ill!''; 01 bf/("/-!iJ~5 F4I'tJ~iw's ~";vr~.
State your experience/qualifications~' a.. !t./'<.. //)1')7 /-tlsnl~/]f tJ,/ Edjt"4.4~. J: .1ctve. a.._
svo.-'1j LOM,'lr") ,fme...l1 f fv OWl c.ommunl'-7. t1,,; & locCi- ( bu-sI/}<'ssuCil../?e.v..J.
)}tclJ(... .-:l-ror/7 /t'Ctc/e",-.sh0 !3u?iI/-h;: C1nd 1fra/s of e)C/,t'/I(/?I/'.('~
... U-I ~ { , I j... of .
a.fJf7J/ec..6/(.. kl10tv/e ~-c /11 ~kUlr7/r7~ a....
Are you employed by the City? tJ 0 Do you hold public office? ~ D
If so, list each:
At the present time, do you serve on any other Boards or committees?
Aio
Have you ever served on any boards or committees?
If so, list each:
NO
(BOARD AND COMMITTEE MEMBERS MAYBE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_ANIMAL CONTROL BOARD
_CITIZEN CODE ENFORCEMENT BOARD
_CONSTRUCTION REGULATION BOARD
__ECONOMUC DEVELOPMENT BOARD
__FIREFIGHTERS PENSION BOARD
Signature 4d I~~/{
(REVISED - 0- 4)
_GENERAL EMPLOYEES PENSION BOARD
LIBRARY BOARD
_RECREATION & CULTURAL SERVICES
~LANNlNG & ZONING BOARD
_POLICE PENSION BOARD
_VETERANS PARK ADV. COMMITTEE
Date 17 / (p /0 '1
I I
Q
~
THE CITY OF EDGEWATER
POST OFFICE BOX 100, EDGEWATER, FLORIDA 32132-0100
Mayor Michael L Thomas
District I Councihwman DebraJ. Rogers
District 2 CounciI'MJm3ll Gigi Bennington
Dislrict 3 Councilwoman Harriet E. Rhodes
District 4 Councilman Ted Cooper
city Manager Jon C. Williams
City Attorney Carolyn S. Ansey
City Clerk Susan J. Wadsworth, CMC
November 12,2007
Justin Kennedy
1005 Fernald Street
Edgewater, Florida 32132
Dear Mr. Kennedy,
Thank you for submitting your recent application showing your interest to serve on our City
Boards or Committees. A copy of your application will be retained in the appropriate files and as
vacancies occur on a Board or Committee your application will be reviewed. The City Council
and/or Board/Committee members may contact you for an interview or with questions pertaining
to yom application. The City BoardsICommittee may make a recommendation to the City Council
but it is the duty of the City Council to make that Board or Committee appointment
You will be notified if you are selected to serve on a Committee or Board. Again, thank you for
your interest in helping to make our City a better place to live.
Please, if you should have any questions or concerns regarding serving on any of the City Boards
or Committees you can contact the City Clerk's office at 386-424-2400 ext 1101 and we will be
happy to help you. -
Sincerely, _------.-
;~CMC ~
City Clerk
(B:adv boards adnowIed)
104 NORTII RIVERSIDE DRIVE
FAX-(386)424-2409 SUNCOM 383-2407
CITY CLERK-(386)424-2400ext 1101
Swadsworth@Cityofedgewater.org
09-::5-07 1\11:':1 I:~
APPLICATION FOR APPOINTMENT TO
CITY BOARDS AND COMMITTEES
Address
~y (l/ e.5-f <--r
? 2- D ? 6 y- L:L- J4 f .,<7, ~..... e.. e...
3~~ 0/27 '17;L t./ Business Phone (l.JZJ/A G
~c:'- + I I{-e.j Cl)YJ-+ra.~-fD-'r' / r~c:<!-I es Tdt--Ie.
/
Voting District
Name
J\\IV\
Home Phone
Occupation
I J1 t,l ..;'.> -/ l) ).-
Are you a registered voter? Ye 5
/
Are you a resident of Edgewater?
'2-
YeS"
/
How long?
Z- Y v'>
Is your principal place of employment in Edgewater?
/1)7\ 1: e ~ f/~)/e d
If yes how long?
Briefly state your interest in serving on a City board or committee:
v"edv<~G z:. .y.L~' ~Y' br"c.-,./ e.J-1I/1f Ti.~- 1;:;( bA-6C-
e IU f ~ u /II .. '" i ) j/J rjv~("p-.> (?e.d t z.$'+a:/c. ~,jJZ ~
//
CZ>J-t- -flr~c;-t...v- / -1kfd Iri" pt..s <tt.< <\- JlM...d U~j.J_"'" c> P 1>vdUAh... 5rJ&J.t jatrl;
(< <t J> LOli ~ 'D,.} {(7)Vt, T I Z,;,1 ",Iv s,-f V-l4..) l~a- i1 -( I 1_"'-'1 i: 4 <Co G Kc..... ~ l( :r~--t ev- H..:L- -\J.,...."
./
Are you employed by the City?~Do you hold public office? ;t.;> 0
./.c;')"" It- " vI.- ;;, .r~ ".. w /) v S" r;;
r ,-
State your experience/qualifications ?d_5 t
At the present time, do you serve on any other Boards or committees? IV 0
If so, list each:
Have you ever served on any boards or committees? ,.u i') t ( M V CJ I v .> (/-L ~ 'it
If so, list each: z~"..~-fV-( ,.&/1 -r~"ftt-c~+or - cPVl~-t&1:... &.t)Lrj~ -PI
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STA TE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_ANIMAL CONTROL BOARD _GENERAL EMPLOYEES PENSION BOARD
_CITIZEN CODE ENFORCEMENT BOARD LIBRARY BOARD
_CONSTRUCTION REGULATION BOARD RECREATION & CULTURAL SERVICES
I XECONOMIC DEVELOPMENT BOARD 2--X-PLANNING & ZONING BOARD
_FIREFIGHTERS PENSION BOARD _POLICE PENSION BOARD
_VETERANS PARK ADV. COMMITTEE
=":~F'/~:r#~ X o.tc Mlo>jo7
M U ~. I . L V V I I . L I r IVI
uC/iIU11 [
IV o. 't/ ~c.r r. iJfOc;
APPLICATION FOR APPOINTMENT TO
CITY BOARDS AND COMMlITEES
,- t'.. r'2.1 rri/ \ L.....
NllM' J..-allJr'1 VVvL-~t u rYl
Add.." 2\020 VUIe, ~ E:f; ffi~) EclUfuJQ fer PL Bzt4l
~hon.3Ei(O-?;JL/::..t[i.Pff: Bu,in"'Phnne . . - -I - /413' I r .
Occupation C fILl tSlak fl + ~ eo6}:;1c :;;~~
Are you a registered voter? y~
Al'C you a resident of Edge water?
yes
Voting District
1").. \/~
How long? ~U 7 '
Is your principal pl.ace of employltJentin Edgewater?
If yes how long? MC. n r cd t Cb[M Cco..S+-+O
B'f1 . t' . C' b d . ~1L1~YQfe+n~~ )-
ne y ~tilte your mtel'CS In serving on a Ity oar or commJtlee: f-1C:UIO\...A,;l L( UJ I I ~ - H~,
~ill LltQJe, 6\\,E'~ct-hL+t<e Ci~ T ho.~ C~~a~
State your ex~ede~Ce/qU8Iifications~!.~+ ()1J...IJ7.eI::2 ) /;;< Yt:tl.es /IJ
. +fR Lt.;! I In S~frU. '-Pre 7O-UoLl a DL/6Jn-cS.:s (j'W}WI2)
IntUC' ~ t:@J7/~ -/0 6 ,Pf"tU?A:r ciWl& /flCl/ d'/1c1 I?:lOcak~~) .
A(c you employed by the City? IDDo you hold public office? --.I\f 0 Htlt//{he ( d
At the present time, do you serve on llllY other Boards or committees? l. h l;( ~ ~L /
I \IV 11~1/'1(.5/?4J''(
-/tIle td/ {/IJ.f:tl
(Clt/s/va. {/t(J1-
l1ems.
('nOlle- ~c.on\'(\~
f~\J~j.UlRf~ ~
, \ o..e,l
If so, list each:
Have you ever' served on any boards or committeeS?--.tlD
If so, list each;
(BOARD AND COMMITTEE MEMBERS MAYBE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
"LEASE INDICATE HIE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
-LANIMAL CONTROL BOARD ~ GENERAL EMPLOYEES PENSION BOARD
_CITIZEN CODE ENFORCEMENT BOARD LIBRARY BOARD
_CONSTRUCTION REGULATION BOARD ~RECREATION &. CULTURAL SERVICES
_ECONOMIC DEVELOPMENT BOARD
_FIREFIGHTERS PENSION BOARD
_POLICE PENSION BOARD
_VETERANS PARK ADV. COMMITTEE
Date~ {D1-
APPLICATION FOR APPOINTMENT TO
CITY BOARDS AND COMMITTEES
07-30-07 P09:09 IN
NameKO~!.fz..-r ~.I}\ ~ ~'\O~ "':S fl.
Address a.q ~1 ~A1b~L QALM yJfl.
Home Phone ~ -4~~ -Or:cCO ~ Business Phone ~eto - Y: d... ,- ~~
Occupation KE"'ry...l L \)\ ~"il..1 ~\jnR ~\V (;uiTf.R! ~~2 fQ-r)~lQ
Are you a registered voter? Y 6 s Voting District ~ 3
Are you a resident of Edgewater? Y:c.::s How long? ~6YR.%- <R IV)bh~k
Is your principal place of employment in ,Edgewater? 'Y~
If yes how long? -rubo 'Ye...ArLS
Briefly state your interest in serving on a City board or committee:
. wmpfLrjJ6 -nJ-.~ Q.v{\u~ 'Of llF&: f()~ \L~ ~~1l.t)f\.t~ ~tJD ~tT]ZCiN4
State your experience/qualifications I \'1~<> 'f~ flOi.~l~~ <by~ Y:,\Ji..ltJ~~ OI.,)1~v.J
~ot..:m~4l- I In"
\~Ye1 ~l\.. M~,l^b€Yl) \Ub'c;.7't~ ~~~1.s.rJWA"by..1).tJ. J Fovl\fO\.~r:I1~.
T~lrJ'~Co~~i-'u.:tt~.W~QhlJrI!>>r<.J-Fl.(J.Otpr (jd) Llfttflt!.~9'L;J f>.AV I H\C:t\t~~\)(4). ~
Are you employed by the City? N ~ Do you hold public office? fU<,::)
At the present time, do you serve on any other Boards or committees? tv ~
If so, list each: \
Have you ever served on any boards or committees? \J es
Ifso,listeach: VfDuJ~IA CtalJr{ry B~~l"(,~ (1~h1/~SI~~ ~~lVAre~~~. I'1CO(,\7~l4.C8
J
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WIlli THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
ANIMAL CONTROL BOARD
_ GENERAL,EMPLOYEES PENSION BOARD
LmRARY BOARD
_CITIZEN CODE ENFORCEMENT BOARD
_CONSTRUCTION REGULATION BOARD
~ECONONUCDEVELOPMENTBOARD
_FIREFIGHTERS PENSION BOARD
RECREATION & CULTURAL SERVICES
POLICE PENSION BOARD
VETERANS PARK ADV. COMMITTEE
Signa'"," ~rs\N\~<;b.A--.- Date .Jc)~~&)dQo7
(REVISED -10-04) V
"
'THE CITY of ED'GEWA'TER
,POST OFFICE BOX 1 OO-EDGEWATER, '.FLORIDA '32132-0100
, ,APPLIcATIQN "!rOR APPOINTMENT~O CITY
, BOAlmS OR, COMMITTEE,S,
,'/
, , ,
NAME' \(/; ~&\ ,C2:,.,,~ U
AnDRESS "\~~' ~','.~-\~J "
Ha4E J?ao~.~ \ \ .~(<JQS- ,. ' BUSINESS paONE
~
"OCCUPATION e
,Are 'yo~ a resident,of Edgewater~Hbw 'long
Is your principal "place Of' 'empi~~~~t 'ih Bdgew~ter?
if yes how long?'
, Br~eflY state your int,erest, in serving on a"'City board o,r
coITanittee: . ~ \, . 9W~"c~, ..~.l'leA.,,~......
. state your experience/qualifications
,'~QE:\}'PJ\r,~ ,,' ", "
Are ,you' a n~gister~d'V'oter? ~': '\" 6:., "
'" ,Are: 'You e~plo~ed'by.th~' City? rl :DO you 'ho14 ~p~biic office?
,At, t}le preseht, t,.ime,. dQ, you: se~ve on any other, Boards, or coinmittee,s?,
, N '~f so, IlSt each:,' ,
Have you eve
,list 'each::
or committe~s?
"
Ifso,
(BQJ\IW' AND CoMMJ;TTEE MEMBERS MAY BE. REQUiRED '1'0 FILE ''WITI,I THE STATE,
FINANQIAL pISCL<?S~ 'FORMs:",nCa UAR) , . ,
, , PLEASE iNDICATE BO~S OR COMMITTEES YOU
WOULD LIKE TO StRVE' ON AND' RANK THEM ACCORDING, TO caOICE BY NUMBER,
. " , " 4
, './' n' , /' J AJ' ,~ "I-}', /1',0
'~ LJ jc.'ic/~ Pc, N ,Ih Co"".,,":, ~(.", , '
~ANIMAL 'CONTROL BOARD
_____cI~IZEN'CODE ENFORCEMENT BOARD
~N'STRUCTION REGULATibN BOARD' . ,
LE~ONOMIS: DEVELOP~NT: BOA~i:>' ,
_FIREFIGHT~ P"F\o~~e Q'
SIGNATURE~~, _
SEE REVERSE SIDE FOR BOARD AND COMMITTE~S LISTINGS
" ' --:-GENERAL EMPLOYEES, PENSION, B9ARD' .
" " ~~Y' BOA.RD' "
7?cREATION, '& CULTURAL SERVICES
'~PLANNING' ~ 'ZONI~G 'BOARD
, ,
. . '.'
~POLICE PENSION ~QARD
, , '
_____VETE~S.PARK ADV. COMMlrTEE
DATE:
(2-10-:-03)
,fLy \50' ~c)1
APPLICATION FOR APPOINTMENT TO
CITY BOARDS AND COMMITTEES
Name "1)~'fri?oN'b ..J'. BIA-ck. Se. 05-14-07All :58 RCVD
Address 33.;l.Q U. AI ;+1 Tf.EE Da.flli: Ec{:J-'Wlt+b~
HomePhone Y3f.e-t/-;;'7- ~35o Business Phone '3SG" - ;;t?-~ - 4lf/3
Occupation 13171'/ jc. rtf fir( A GE./L - f5ltrJl<- 0 r::. ~E1t;C.4
Are you a registered voter?
~ E:;.
Voting District
4
Are you a resident of Edgewater?
"\.{{;5
How long?
y ~EftRS
Is your principal place of employment in Edgewater? i'( D
If yes how long?
Briefly state your interest in serving on a City board or committee:
'hJ Be 7'\Yl' () r== "Gr()"l-Vi}~ (J, "}-'/ /hL P E F ?JG5 /1t~/ ~VPR~iP~'rO
State your experience/qualificationsOF,crt-"'R,z) fstfAl'kop A"!i'.1?':~-4 / /lrl-v~ ~~,c./
"~~ 3-~ 6&~ds; ~o J41\-ve:: l3t?F,v! YEA/ .5(/e'~.z,cv/<::::
ilAJ COl<,JAr'j -r /lIHh)t.j dt9,td B~ f1 $'&T}--tlZ- t)t!'1M4'2~
,."
/r'
Are you employed by the City? ~Do you hold public office? tV 0
At the present time, do you serve on any other Boards or committees?
If so, list each: IV 0 IV E
S~~fZ.;ra ~r-A.n'G'e
~ {.
t''''C(?4 " YltllJCIE
Have you ever served on any boards or committees?
If so, list each:
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_ANIMAL CONTROL BOARD
LCITIZEN CODE ENFORCEMENT BOARD
_GENERAL EMPLOYEES PENSION BOARD
_CONSTRUCTION REGULATION BOARD
~ECONOMIC DEVELOPMENT BOARD
_ LIBRARY BOARD
_RECREATION & CULTURAL SERVICES
.3 PLANNING & ZONING BOARD
_FIREFIGHTERS PENSION BOARD
'O~
~C?
_POLICE PENSION BOARD
_VETERANS PARK ADV. COMMITTEE
S--/O-cJ,+-
Date ""
APPLICATION FOR APPOINTMENT '1'0 cIrlm2 AtJ~ 19
BOARDS, AGENCIES OR COMMITTEES . '"
NAME F: ~c1'e(' t '(!):! A.. ( M~ 'f ') (Yl OtSo fA.
ADDRESS 1/ a (;; I,~ ~~ ee~ I ~r;fs r-02oJ-e.-<
HOME PHONE:' 38~) <..(:1. ~- r:, 5S-..s- BUSINESS PHONE
OCCUPATION C:hJtA. f'du<!/c-{.d,oc,A.<. fJc:.-v1A-f'c;;((,:,,~
Are you a resident of Edgewater Y l"" S How long Qf Y,t::i::r/S:l
Is your prinpipal place of employment in Edgewater? ~~~
if yes how long? /Rvrs
. Briefly state your interest in ser;~iz;g on a City" board," agency or
commi ttee: ?:: ~ ,///~ . . ~& 'd,"l~' ':"'f.-k~"~c.1O l'ow</..4
'I'
L :i-
AIf ~r'~t
&~ /)/~
,
~dt(d'urOgJ.cWf t/ b""'V'~!o(JIMt?J1Y- .
Are you a registered, voter? y 1"',7. '.... .
, . .l.' '(,;.
Are you employed by thecity?~~I-.iDfi:yo"u hold 'public 'office? k6
At the present ~ime, do you. serv.e,pQ,any oth~r ~q~rds, .Agencies, or
committees? ,././CJ If so, :list: each (,. :.;:' .
,.:'
.'~
.:':r .,,:\ ...:;'{'
.,fI~':"" ;,,#
(BOARD, AGENCY ANDt~~;y,TE1E' ~E~~'~Y"~E ,~QUfiw> TO FILE WITH
THE STATE, FINANCIAL' DISC~SuRE FO~.. ~o.B"~YEAR)
PLEASE IND'ICATE BOJ>.RDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON .AND RANK THEM ACCORD~G TO CHOICE BY NUMBER
_ANl:1AL CONTROL BOARD
~EN CODE ENFORCEMENT BOARD
~CONSTRUCTION REGULATION BOARD
_GENERAL EMPLOYEES PENSION BOARD
_LIBRARY BOARD
_____RECREATION & CULTURAL SERVICES
~PLANNING & ZONING BOARD
_POLICE PENSION BOARD
_VETERANS PARI< ADV. COMMITTEE
_EC0~O~IC DEVELOPMENT BOARD
FIREFIGHTERS PENSION BOARD
SIGNAT'JRE ~.tI 4~
** SEE ~fRSE SIDE FOR LISTING OF BOARDS,
DATE: &3 -/~ '/12.7-....
AGENCIES AND COMMITTEES*w (~V 1-02)
;~'1 ~;,::_-':; ~,~~, .
,,'r- . }''-,' :~
.L:.lr~1',lli::;'. \
!f~.~'.",,) I . N;t~, ,,~\;./(
~
-
, ,
'THE CITY of EIJGEWA'TER
:'. ,POST OFFICE BOX1 o.o.-EDGEWATER, FLORIDA '32132-0.100.
" ,AP,PLIcATIQN :FOR ~POmTwENT'TO' C.ITY
BOAlmS OR: COMMITDES ' "
. . ,. . ..
A7A?9. .M;t}/tlV JV~4"Y'" .
, , " J /' /': " ~4"..e>aJ.;I9~-;e
'J..nDRESS' , 7t7~ " //E.A>>~~.tI9/ '" ~/3~ h , ,G'~?~ <"
H~ i?aoim3A2~- -j(...:?~r-:2$"~~, BUSINESS PHONE '~/?E7/,e~~
9CCUPA~ION~~Y~ .'9~.e~~ ~~~~
,Are' yo~ a res~de tOf'Edgewater y~s ' How long '~// Y~..s ,
' ,', ./:,
9
"
NAME' ,
Is your
, , ,
principal 'place of 'employment ih EdgeW~ter? ,~
, , ' if yes how long?" -
state your int,erest, in serving on, a"Ci ty poard or
','
e,xperiepoe/qualific'
, ~e', yciu a r~gistered voter?, Y F<q
. '. .
, ,,'Are: 'you eI;Clployed ,by th~' CitY'?~Do you 'hold :p~biic 'offi,ce? ','%0,
',' ,At the' p'r~seht ~i~e, dQ , you: serve on any 6ther Boards or c6fumittee~?
- ,If so; list eci'ch: '," ,....-- " ' ' , ,
------.
, Ha -ire you e.veJ;' , s e rvedon
,'list, 'each:: 'C
. e~" 'or c~~{tte~s?;:~ If 'so,
/'9.-{.5'ZJ
~ "/ t!L
, (B~" CoMMJ;TTEE, ~ERS MAY BE REQU REO TO :FIL! ,WITH TIlE, STATE,
, FINANCIAL DISCLOSURE 'FORMs:",nCa n:,AR) , ..' ',,'
, ' ': . ,: ", ,PLEASE DmICA'l'E BO~S OR COMMl:'1"1'EES 'YOO .. , '
WOULD LIKE, TO s~nvE' ON AND 'RANK 'THEM'ACCORDING, ~o CaOlCE BY NUMBER:
"S'T~
,:',0.)' ~.6SAN'I~ 'CON~'ROL: BOA~D'",
~CI~IZEN:CO~E E~FORCEM~NT B~ARD
~CON'STRUCTION REGULATI,ON BOARD
~ECONOMI~ DEVELOP~ENT BOARD
~FIREFIGHTERS 'PENSION'BOARD
. , . . .
--:-GENERAL ,E~t>LotEES PENSIOR a,OARD' ,
, .' ~LIBl\ARY 'BOARD '
~RECREA'1'i:oN, '& CULTURAL SERvi:'CES'
,~~~i>~lrN;S;~\~~n~G~~~~ " ' ,
, "---.:-POLICE PE;NSION ~OARD
_____VETE~S.PARK ADV. COMMlrTEE
, DATE:
(2-10-:-9.3) ,
??J~,
./, ,
J, ,
,12-05-05P12,:59 FILE,',
:.
" '
',",
. f ,...;.,
07-18-05P02;~O RCVD ~ ~,
THE CITY OF ED GE WATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
NAME
11, e-h tJ e I
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES ,OR COMMITTEES
1/1 5 C 0 NT I
3J{, ftlU& f3~e,eke
4.2-7 5/7 B
R 1&71 ~ I=-- f.>
()~.
ADDRESS
HOME PHONE
BUSINESS PHONE
OCCUPATION
Are you a resident of Edgewater 'I ES,
How long
/3 yg4~ S,.
;
Is your principal place of employment in Edgewater?
if yes how long?
Briefly state your interest in serving on a City board, agency or
c:~:t:~;,:~~i~~~!~J~~if\~,~,,'. :~:7;;
h 0 () L(>,;' 13 E,/" /'M:~f!'ilt,i:'\~,\L ii(;~;';i,. "~,
. :,:" : :"; .",;~);.?:i{-,f;;:~')t:~;N? \f;if;~:;r. ,
Are yoq':a r~ig1.ster-E!i:L:.,;.r;q~~#,f{,~>. 'f';ll e S ,""N:, .,
:ey;t:::::::i:y .:~trii.~it~~}'" .....;>:;;:. '.
At tn,~ pr~~~},it ,ti,me' 4~::-~AM., ,..'1, ~~-n,'~~,!1Y otheif:':~~9~f :, ~g~pci~es, b~
Cc3~t't~~e~;r':~ii~~>: ;..".:!,;,::~,...",< ll~~~,~i:'~~f&';:;~~~~~~~~~.~..~.;,~,;A(, Pit - I ~H-' (t! ~
"'.
>;,rJ (,. '~::;. 6,~,t1~, . ./
';~:'i:.... ":":.,;,i.". .\.?:~:..~.. ':' ....;'~c ::r>~ ..,,~:.. :i?
"~!.~. ':.~' '........ .:.::r.~.oi' ~~.:., ./ .<1)<"
(BOARD, AGENC!{,~ :CO~ITTEE MEMBERS HAY B~'1Jt!QI1IIt'EJf' TO FILE WITH
THE STATE, FIN~~I~ ;~~~.9k.~,~URE FO~~""",,~~~H'l~~t;,~' .
~~i~ .;"l,:" ""'\.~}J:~~:""'l;!.I;f4;,.l,.":t . ." .,.19
PLEASE'\~i{p,l..CAri: ijp"AP,p~, }.GEliCI{S 'Bit C.~!1'EES YOU .
WOULD LIKE !1'O SERVE' "tlN,~ MNK '!i-d A~98J!P.mC' !1'O CHOICE llY NUMBER
""~f '.1>~":., ';: '/',..:;",;: ';'.-:"~\: .!,t... ..,
_ANIMAL CONTROL BOARD
_____GENERAL EMPLOYEES PENSION BOARD
~LAND DEVELOPMENT & REG. AGENCY
_BEAUTIFICATION & TREE COMMITTEE
_CITIZEN CODE ENFORCEMENT BOARD
_____LIBRARy BOARD
_CONSTRUCTION REGULATION BOARD
_____PARKS & RECREATION BOARD
_ECONOMIC DEVELOPMENT BOARD
_____POLICE PENSION BOARD
_FIREFIGHTERS PENSION BOARD
SIGNA'rURE~ ~.
_____VETERANS PARK AnV. COMMITTEE
.. SEE REVERSE SIDE FOR LIS!1'ING OF llOARnS, AGENCIES AND COMH!!1'TEES.*
DATE: 'l (17/ tJ..J"'
I /
~ ...r
'THE CITY OF EDGEWATER
POST OFFICE BOX 1 OO-ED GE WATER, FLORIDA..1;!Jl32,-OIOO
, , '1tID J\JN 3U t'i1 TL.., " ',',
APPLICATION FOR APj;loINTMENT ,TO CITY
BOARDS, AGENCIES OR COMMITTEES
~
NAME
~RY
J,....J, RoBE.~
ADDRESS~ , I PtN~ ~~E. P12..\\lE
HOME PHONE 4-~ 8 - 7~3?
OCCUPATION t3u I LI7 I Nc::::.. 1? E.S14 N JE:...f::-
Are you a resident of Edgewater '({T< How long
BUSINESS P~ONE
17 y~es
y~s
if yes how long? I,? yl!At:.5
Briefly state your interest in serving on a City board, agency or
Is your principal place of employment in Edgewater?
Are
committee:
';""
',~
,\I,
or
. 'fli!.k;,-~-:fl.1)>' ~4 .?:;l
~~- .('4~!I\...Jt, ..::, ;~;
ards, agen~~~, or cOnu(l1tteJ&?~
.'. . ~; .#'Y~ .~~;f
\.~IWt" . fi'" .r-I"
'~ff#.~ 6,/;. fA~ ct-{:'
? 5 - ;V:~tJ"
~'. '~'''''~,.'' ... , '~".,
"'~1... "''-ii.~ ....., 1J(;#"'''''' ~ Ai''''
"\);., "~ ~'" ...4D' ,*,>> "f''-
~~" - 1:.':11 "-<l'~'lir;Ui_i!lilM.~'~'''- .....l' .'.."p'
.... "l~1f ',?,-"I (~,..... ' "'1:" ~ .".
, ~.. . I" P:-,. II J, II ,.",~"
(BOARD, AGENCY AND COMMITTEE;:')~~~:BEJ'REQUIRED TO FILE WITH
THE STATE;' FINANCIAL DISCLOSURE FORMS EACH' YEAR)'
PLEASE DmlCA!rl!: BOARDS, AGENCIES OR CClMMIT~S YOO,
WOULD LI1IJl: TO SERVE ON AND lU\NK THEH ACCOlU>ING TO CHOla: BY NtlMBER
_ANIMAL ~ONTROL BOARD
_CITIZEN CODE ENFORCEMENT BOARD
_GENERAL EMPLOYEES PENSION BOARD
_LIBRARY BOARD
RECREATION & ,CULTURAL SERVICES
XPLANNING & ZONING BOARD
_____POLICE PENSION BOARD
_VETERANS PARK AnV. CO~TTEE.
DATE: &:.-~ -~
AGENCIES AND CadHITTEESU (REV 1-11-00)
_____CONSTRUCTION REGULATION BOARD
_ECONOMI~ DEVELOPMENT BOARD"
SIGNATURE
** SEE llEVERSE S E BOARDS ,
, ,~
); /I'~ :;_~~\"v.~'"
q" \1..~
04-05-02Al1 :48 RCVD A
,-1-'11 ;.....u..-e r-kdl
"
~~:r'W,. gaer:=.r-zr-s. '.'
.' :RE~ I. De:KlTIAL-.' ;J:?esl~"-leg.
. ~:24 J I :' PJ~E.:.rn~E'..\ .'oelve'....
..ts~E~T~~;' F~~jDA
l~
..... . -426. ...7.sS?
'RJ! .~ A.A.N N I ~ ~..ZDNPJc;. e.OARD
. ..~UA.LIFI~TI9N$,~ ':r:;xPE.~tEt-J~e'
· .' "5e:k-F~eMPLpY~p" 13UILPJ~ ..D.e:SI~WE...~
\) B,U 1J-P~<:;PE6I';:;lJefZ. 4: p~Jec.r MANA::4El2.. (2. y~~)
.w/ ~BEZ:~T a. }-\6hJAgp A~~ 11'""e:.c::r.. II-.k:.. E:N. I FL..
'. .
" .-STATE' CE.~TI FleD 6UILDIN~ GotJTR"AGTOR., . :
.C~MH~~JAL t1f., ~E:SIOE..N.rIAL DEVl?!.l.-OPIvl~~T" ....
~ VDLU6JA CL:>LJJ--J,-yHol-'t~ "f;U I LD.E:.I2.:'5 .A&:S'Oc:..IAT~oloJ
..BOA.S<.D .0 F ':Pl g:e:c:.. TO~S cqr.e, ~ c).c:::t... .:p.. . ..
· C'T'( ~UNC.IL\Y1A"-1/c..ITy.oFE.Dc:te~A"t"'f-:~. p-=17~<1'9'-
" ."t<\E:.t--1BER DF- .FI".oNOtv11C:.: OE:.VELDPI'<1Et-JT' BC>.iA.R..D _
h.. . h.' .c..nYOF' f!.l:74.E:HATE.~ '9~ -ar7
. .
~ J3oAg.,D tv1~t-<15E:.e.> 'J-.../- '5..f340 AN "-t LJAL . ~ M;Ag 1TY 5.:A..L-L
..FUND. J<AI::;"'N~ . .c:ot---1H1TTE.t: (cug~E..NT) .
~'P~'-U::IPANT Jt--l Wc:::ALFUND J2:A1'S!~ Fo.g
~.AME:;J2.Je"AN . ?ANc::: eg , -:soc, E.T'( ".
wVDLU"-tTI::-Et2. H-DME.' Pe:-Sl~ NE:J2 FOg,' 'SC>UT'-H=~A-S~:cVO.Lt.J ::5IA
.~. _.J.4;..4,e:., IT A.T:. c- Fa /Z..H.u MA~ ,,-y..:. ..'. ". .'
lliI ..~L.rcHE:.A.:sr .VDwJ~~A .CI-lAH~~6F. CDMM~gcfE.
F~~0NAL' t/A~~~.. .
'1=:~E.~ATe:.e,'g.~IPe~'- '-S/~ .' '1<18.3
. '. ..
. .
~1g.c7I:3 ~Ult..;O.5=2e:N' j2 . ~ I2AN Oc:...H I LOg~
.A _. t::!'. ....:::Lc::.. '. : '. . . .: '.' .'
q ,~';;~ I~ iN. ~ H' NE:5ri. KL!-t-J po:> V OL-U "-! TItli: 12. I t-J -:S' T,e:. we To~
APPLICATION FOR APPOINTMENT 10 CITY
BOARDS, AGENCIES OR COMMITTEES
NAME--..r;- ~(\ G ; S GO ~. i0; a."1,.. Tl I :
-p D ~oK <1.:'13 tJ ew ST"-4rl'"'c...) FI SG../,O
ADDRESS "'30~ Tro...,eleis '?a..(~ Or: Gd.Jev/a."R?r, rl
HOME PHONE t/"l)-OS-II, BUSINESS
PHONE 3'36 -<g4h - 1'-1-/ b
OCCUPATION .5-cu~e-
~~
. '.,~..
j, 1""3'{! !
.-
~
~
:::~~
....J.......
"f~_
..,...~
""
Are you a resident of Edgewater ~ (: 'S.
long 17 '1eQrS
Is y~ur principal place of employment in ~dgewater? t1 0 if yes how long?
Briefly state your interest in serving on a City board, agency or committee: r; o~r a..
:os ci "e.. OV\ l-.e I'" Co~ a....-1. €..COI'lOJ!M;c
. l"er fCltUf ;""d ~t> ~S
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State your experience/qualifications 'ZOD I Ma.;~ la",d P-i5k ~ciGJa / Crc...~.Jc~J ""Des c.c
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Are you a re~istered voter'? Y e~
Are you employed by the City? ~ 0 Do you hold public office? ,J D
At the present time, do you serve on any other Boards, Agencies, or committees? Yf!t~ If so, list
each: 'V<o{\Xi;a.. ~ejMOc.(4...bc. ~e.<!.u-t7 J e: (Drvl,-J"\ ;-tc.--e~
AA
a+=
Have you ever served on any boards, agencies, or committees? NCllf so, list each:
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
l-ANIMAL CONTROL BOARD
2-CITIZEN CODE ENFORCEMENT BOARD
~CONSTRUCTION REG.ULATION BOARD
-I-ECONOMIC DEVELOPMENT BOARD
LFIREFIGHTERS PENSION BOARD
Z.L1BRA~Y BOARD
f.RECREA TION & CULTURAL SERVICES
ZPLANNfNG & ZONING BOARD
!LPOLlCE PENSION BOARD
~VETERANS PARKADV. COMMITTEE 4./J
./---Iu - 0'3 - )4,.p 0-- ~
I 0 ~C"'II::0 ^ I calo' r.vc:c:C' oc:o.'C"l"\o., 01"\ ^,.,,.,
"':
THE CITY OF EDGEWATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
2[l] 11PR - q
APPLICATION FOR APPOINTMENT TO CITY
'7\ BOARDs, AGENCIES OR COMMITTEES
UAVll1 II ~~
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HOME PHONE Lf2J-S"8Y2
AM 8:27
NAME
ADDRESS
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Are you
BUSINESS PHONE
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Is your principal place of employment in Edgewater?
if yes how long?
Briefly state your interest in serving on a City board, agency or
How long
conunittee:
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(BOARD, AGENCY AND COMMtTTEE MEMBERs MAY BE~~'REQUlRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMs . EACH YEAR)
:':\.i;j.
PLEAsE INDICA!rP: BOARDS, AGENCIES OR CClMMI!r!rEES YOU
WOtJLI) LIla!: ro SERVE ON JlND RANK !rREM ACCORDING !rO CHOICE BY NOMBER
_ANIMAL CONTROL BOARD
_CITIZEN CODE ENFORCEMENT BOARD
_____CONSTRUCTION REGULATION BOARD
_GENERAL EMPLOYEES PENSION BOARD
_LIBRARY BOARD
~RECREATION & CULTURAL SERVICES
~ING & ZONING BOARD
_ECONOMIC DEVELOPMENT BOARD _POLICE PENSION BOARD
-I-"RE"G.T~ION _~D ,/ '-:L _VE""""", PARK ADV, C"""TTEE
SIGNATURE ~...,.:/j/ Xi " JLp.-ru--.. DATE: 0) Cb
U SEE: REVERsE S:tDE FOR LIS!rING OF BOARDS, AGENCIES JlND CClMMIT!l'EESU (REV 1-11-00)
6 -- f 'l.--d-S" ~ JJ.,It tpto~r
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04-05-02All :47 RCVD
'o-f4- fY\-J...SC;;;~
THE CITY of EDGEWATiJt 18 RevD
POST OFFICE BOXl OO-EDGEWATER, ~FLORIDA '32132-0100
'. .
-APPLICATIQNFOR APPOIN'l'MENTW CITY
. BOARDS OR. COMMITTEES.. .
NAME' .tTnt//V .COI1DE IRO
'.ADDRESS ~ ~}I(~ P/;ve'~EE iJl( A
~d-7- 96,~ /
. OCCUPATION tR. E f i I{ ED
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, .... R.E7'/~eME..vT .' .
Is your principal place of 'employment ih Edgew~ter?
if yes how long?
. Bri,eflY state your int.erest. in serving on a"City board
HOME J?HONE
.. . BUSINESS PHONE
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committee: .j !7'-l{J.ue MdVEf) FRoI'V1 f5'oo7n'- FL-19, fU'7" /J-.J-L-
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Are.. you a regl~tered voter? 7.~s. '#Ej;..1J .€;DG-t=tv,q. /';:1<.....
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.At the' present ~ime~ dQ.you: serve on any other. Boards or committees?
.....,.. I f so, lis teach: ';--'----... . .
'.
Have you eveI;'.served on any boards, agencies, or committe~s? tVo If so,
list.each:~ -------- .
(BOAlU) AND CoMMITTEE. MEMBERS MAY BE. REQU1RED TO FILE. WITI:l THE STATE,
FINANCIAL DISCLOSURE FORMs:' EACH n:AR) .
' ',' . .:.... PLEASE rNoICA'n: BOARDS OF/. COMMITTEES YOU .,
WOULD LIKE, TO Sl:Fl.W' ON AND' RANK 'THEM ActoRPINCi TO caO:rCE BY NUMBER.
. .
_____ANIMAL 'CONTROL BOARD
~CITIZEN . CODE ENFORCEMENT BOARD
~CONSTRUCTION' REGULATi~N BOARD
_____ECONOMI~ DEVELOPMENT BOARD
~FIREFIGHTERS 'PENSION'SOARD
_____GENERAL EMPLOYEES PENSION. BOARD
...:........:.-LIBI\ARY BOARD .
RECREATION.'& CULTURAL SERv:i:'CES'
.~mmING &'ZONI~G BOARb~' '
~POLICE PENSION ~OARD
~VETE~g PARK ADV. COMMITTEE
. SIGNATURE
SEE REVERSE
DATE:
(2-10~03) , .
//- / 7- o~
APPLICATION FOR APPOINTMENT TO
CITY BOARDS AND COMMITfEES
Name (Y\ OA-i~ L. t>o...v-\.s
Address \ 5 0 2> ~ D %0...\. ~c.t \ VY\ "'bY'; \J e.. - c" ~ '" u.X^-.-\-e r) \:' ~ 3.2"("O~
Home Phone 3 ~(b -- 4- ~ "'6-. (J S ? q Business Phone fIJ I Pr
Occupation ~\=>+:lr-eJ.~ ~pc l ~-tev- ~ 10 LA.. V-<i:.t7
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Are you a registered voter? ~ e.g Voting District
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Is your principal place of employment in Edgewater?
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How long? 4 ~vti 8vno~"~s
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Are yo~ employed by the City?~Do you hold public office? 00
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At the present time, do you serve on any other Boards or committees?
If so:: list each: ".T'm '(lot- ~(A,r-e- \C l,,(ow 0' Ir Q Cl,~€/f\<\LW. of>~ C>V\\;U C' ~~~ r.:)(~,(J...r-J.'t>) 6LVT-
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If so. list each: ~o\r- ~ e. f\1.M \?\r-t("'o V\ Let D\i\ f< .J.elt'S J:'" "..'i-\.. -e... ~~s+- 1..\ '!-h~ Ii-<; +- eu.\r'r-e.~ 4 .
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(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
__AMMAL CONTROL BOARD
...LcmzEN CODE ENFORCEMENT BOARD
__CONSTRUCTION REGULATION BOARD
__ECONOMIC DEVELOPMENT BOARD
__FIREFIGHTERS PENSION BOARD
Signature 'm ro ru"Q.. ~n niAv
{REVISED (2-10~4) '.
_GENERAL EMPLOYEES PENSION BOARD
LIBRARY BOARD
_RECREATION & CULTURAL SERVICES
~PLANNING & ZONING BOARD
_POLICE PENSION BOARD
_VETERANS PARK ADV. COMMITTEE
Date ~~-CJ '7-Dt
API)LICA nON FOR APPOINTMENf TO
CITY BOARDS AND COMMITTEES
04-11-07A10:18 RCVD
A- ScA~d~(
1 . \'v.~.( rct v- U"". ) J
?J~Lat.\.t\O lf412 Business Phone 8
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Name
Address
Home Phone
Occupation
Are you a registered voter?
Are you a resident of Edgewater?
Is your principal place of employment in Edgewater?
If yes how long?
d 'i~ ~\5
How long?
wOI/V~
5~ls
S I (\('{7 q0 ~ D: t
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Briefly state your interest in serving on a City board or committee:
lAY ~l{} 4-D bR. \ (\ \10 \ ve,J 'V\ w~ \ ~ ~ d\ ~ 00
State your experience/qualifications'-r- ct M a. r..e. C\, , R ~') ~k t v\ V e.6{n r
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~
f-t1hfla
At the present time, do you serve on any other Boards or committees?
If so, list each, ;J (j I ;j
~ se){t? ,vs, "
Have you ever served on any boards or committees? f-th 11Y\.~ \ 5"-0 j ~ \~~ \'\ l L _. ,
If so, list each, 90 t e.. -0...,J '1 ~ cu-<; . S V 0 \0 ," ~ .(Or D ~ ~lifI'"'\
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE wrrH THE STATE, \" DB,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_ANIMAL CONTROL BOARD
_CITIZEN CODE ENFORCEMENT BOARD
_CONSTRUCTION REGULATION BOARD
.0CONOMIC DEVELOPMENT BOARD
_FIREFIGHTERS PENSION BOARD
_GENERAL EMPLOYEES PENSION BOARD
LIBRARY BOARD
_RECREATION & CULTURAL SERVICES
~~E~
_POLICE PENSION BOARD
J;~. _VETERANS PARK ADV. COMMITTEE
SIgnature . ~i.w.O, g.Lw1~ctA Date :3 -ILH)l
(REVISED (2-10-04)"
q.A
,/
AGENDA REQUEST
C.A. #2007-175
Date: November 28. 2007
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS 12/17/2007
ITEM DESCRIPTION:
Appeal of Vested Rights Determination - ASD Properties Management, hic. - ASD Properties
(Rodney Jones & Bradley Jones) filed an appeal of the City Manager's Vested Rights Determination
for the property (110 .:!:: acres) located East of Old Mission Road & South of Josephine Street.
BACKGROUND:
An application for vested rights and a supplemental affidavit were submitted by ASD Properties
Management', Inc. and reviewed by the City Manager with strict adherence to Section 21-07 of the
Land Development Code. On the basis of specific findings of fact, the City Manager found the
project did not have vested rights in whole or in part. ASD Properties Management, Inc. timely filed
its appeal of the determination.
Under Section 21-07.06 of the Land Development Code, the City Council's review of the vested
rights determination shall be based solely upon review of the application and the evidence in support
thereof submitted to the City Manager. The complete application, supplemental affidavit and all
subsequent correspondence are attached. The City Council must take final action on the appeal
within 60 days of the date the appeal was filed with the clerk; in this instance the deadline for final
action is January 14,2008.
STAFF RECOMMENDATION:
Review of the vested rights determination issued by the City Manager and final determination by the
City Council whether the vested rights determination should affirmed or changed.
ACTION REOUESTED:
Motion to affirm or reverse the vested rights determination of the City Manager.
FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/ A
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Concurrence:
~~
Robin L. Matusick ~
Paralegal
~~
. ct.
n C. Williams
City Manager
. '
"
"
/
apply singly or in any combination;
3. "Either.../or" indicate? that the connected items, conditions, provisions or events
shall apply singly but:not in combination.
h.
The word "includes" shall not limit a term to the specified examples, but is intended to
extend its meaning to all other instances or circumstances oflike kind or character.
1.
Sites, or lot areas, herein is ~e minimum area required.
J.
The interpretation and application of the ,regulations and provisions of this Code by the
City shall be reasonable and unifon.niy applied to all property within the jurisdiction of
the City of Edgewater.
i
Whenever the regulations rind requirements of this. Code are in conflict with the.
requirements of any other la~fully enacted and adopted rules, regulations, ordinances, or
laws, the most restrictive shal~ apply.
.~l-O~.Ol- Appeal ProcedlJre.
,
k..
i
In the event any person believes tha~ a City official has made an interpretation or determination
under the Land Development Code that adversely impacts such person to the extent that such
person believes in good faith that ~ch decision results. in a deprivation of the reasonable and .
" beneficial use of the land which is the subject of the adverse interpretation or determination, then
such person may appeal such decision to the City Manager by submitting a written notice or
appeal ,to the City Manager's offic~ within fifteen (I5) days of the adverse decision being
communicated to such person. The City Manager shall review the deCision of the city official
and render a decision on the appeal within thirty (30) days of receipt of the written notice or
appeal.
I
Any person may subsequently appeal the decision of the City Manager to the City Council. Any
such appeal to the City Council mus~ be filed with the City Clerk within fifteen (15) days of the
adverse decision by the City Manager being communicated to such person. The City Council
,shall review the decisions of the city official and City Manager within sixty (60) days of the date
of filing such appeal. The.decision o~ the City Council shall b.e final apd binding. An appeal ~f a
. decision made by any advisory board may be filed by any interested party. '. "
SECTION 21-07 - VESTED RIGHTS DETERMINATIONS
. . '." ..' . . .... . ,'. .
21-07.01 - Findings and Determinations
a. . '. It is hereby found,.det~rmined:and declared'as follows:
1. Pursuant to the Local Government Comprehensive Planning and Land Development
Regulation Act, Part II, Chapter 163, Florida Statutes ("the Act"), the City of
(LandDeve1 opmentCode)
Revision 9-11-06
1-4
.,
'.
Edgewater is authorized and required to adopt local land development regulations.
2. The City Council of the City of Edgewater adopted a local Land Development Code
in accordance with the provisions of the Act on September 11, 2006.
3. Under the provisions of the Act, in some circumstances development that was
. approved prior to the adoption of the Land Development Code may be "vested" and
not subject to the provisions of the Land Development Code.
4. The City Council of the City of Edgewater deems it necessary under the authority
thus granted to it to adopt and enforce vested rights regulations for all development
subject to the jurisdiction of the City.
"..-"'.
21-07.02 -'Deimitions
For the p-urpose ofthis Section only, the following terms have the following meanings:
1. Commencement Development means that the developer of a project received a final
development order prior to September 11, 2006.
2. Continuing development in good faith .means that following the i.ssuance of the final
development order, the developer of a. project diligently pUrsues the issuance of all .,
permits necessary to begin development of the project, and once ~btained commences
and proceeds with development. Once development is commenced, no more than one
hundred eighty (180) consecutive days may paSs without the occurrence of
development unleSs the developer can establish that the lapse was due to
circumstances beyond his or her control.
3. Manager means the City Manager for the City of Edgewater or his or her designated
representative. .
. -----
21-07.03 - Existence of Vested Rights
a. Notwithstanding its consistency, in whole or part, with this Land Development Code, a
project or development shall be deemed to have vested rights if the project or
development meets one (1) or more of the following criteria:
1. The project or development has been issued a finaJ development order and the
. deve~~per h3:S cOntmenced developmen~ ~d is coIitinuin~ d~velopm~nt in good faith
'on September 11, 2006 and on the date of submittal of the application for" a
determination of vested rights.
2. The .p'e~son seek~ng. tq es~apl~~h yested rights) w~th.~e~m~qt to such project .or . .
development,. or their predecessorsMin-interest (i) have reli~d in gqod faith and j.n
. . reasomible reHance upoii' some dear and Unequivocal act or proinise by the city) and
(ii) have made such a substantial change in position and incurred such extensive
" . .obligations that.it would be highly inequitab1.e. or unjust to. .destroy. the rights "which.,. . .
such 'person has acquired.
3. The City has entered into a development agreement prior to September 11, 2006
which expressly grants vested rights to all or a portion of a project or development.
'---
(LandDe"elopmentCode)
Revision 9-11-06
1-5
. '.
.-
f.....
b. Nothing in the Land Development Code shall limit or modify the rights of any developer
to complete a project or d~velopment that has vested rights; provided, however, the
development of a vested project must occur in a manner consistent with the final
development order or other actions forming a basis for the vested rights in order to
maintain the vested status o~ the project or development. This Land Development Code
shall not be construed or applied so as to result in an unconstitutional taking or private
property or the abrogation of validly existing vested rights.
c. A project or d~velopment wijich is found to have vested rights shall enable the owner of
the subject property to undertake development addressed by the vested rights
determination made pursuant to this Section, notwithstanding that the development may
be inconsistent with this 'land Development Code, or in violation of the concurrency
. requirements of the concurre~cy requirements of the Land Development Code, or both, as
specified in the vested rights ;determination made pursuant to this Section, but only if the
project or development complies with and is subject to all other applicable laws and
regula,tions.
. .
21-07.04~ Takings
",
'\
"
This Land' Development Code is not intended to cOnstitute a taking without just compensation.
No person claimitig that this Land! Development Code as applied to a particular property,
constitutes or would constitute a temporary or permanent taking of private property or an
abrogation. of vested rights may pursue such claim in court or before a quasi-judicial body unless
the person has first exhausted the administrative remedies provided in this Section by applying
for a vested rights determination to the extent any such claim is based in part or completely on
facts related to the criteria for estabHshing vested rights. In such event, it shall be the duty and
responsibility of the person alleging a taking to demonstrate the legal requisites of a taking.
. .
,
21-07.05 - Application for Vested ~ghts Determination
a. Application Period. The dev~loper or owner of a project may request a determination of
vested rights by filing a complete application and paying the applicable fee.
b.' Contents of Application. The application shail contain the following infonn'ation:
"
1. !h~ name, ad~es.s. an~ p~one n~ber. of th~. applicant; .
2. A legal description ofthe property;
3: 'The name and 'address, or' each owner onhe prop'ertj, if the appliCant is not'the
owner; !
;..4. .. If the claim.for vested rights is being a~serted pursuant to Section 217"07.03 (a)(l).
hereof:
a. Identification by specific reference to any Ordinance, Resolution, City
Council action, approved final subdivision plan, building pennit or other
(LandDeveJ opmentCode)
Revision 9-11-06
1-6
action . demonstrating that the project was issued a final development order
prior to September 11, 2006; and
b. A sworn statement of facts demonstrating that development of the project has
continued in good faith.
,~_.",,:,
5. If the claim for vested rights is being asserted pursuant to Section 21-07.03 (a)(2)
hereof;
a. A sworn statement setting forth the facts upon which the claim for vested
rights is based.
b. Copies of all contracts, letters, appraisals, reports or any other documents,
items or things upon which that applicant's claim is based.
6. If the claim for vested rights is being asserted pursuant to Section 21-07.03 (a)(3)
hereof:
a. A sworn statement setting forth the facts upon which the claim for vested
rights is based.
b. A copy of the developer agreement or other document supporting the claim
for vested rights.. .
7. A sworn statement setting forth the specific vested rights claimed by the applicant
and whether vested rights are claimed for purposes of consistency or concurrency,
or both.
S. Such other relevant information as the City Manager may request
'''---''
c. Application submittal. The application and application fee shall be submitted to the City
of Edge water Development Services Department.
21-07.06 - Procedure for Determining Vested Rights
a. Application Review. The City Manager shall re:view the application in consUltation with
the City Attorney and 'shall, within thirty (30) days after it is filed, determine if the
application is complete. If it is not complete, ,the applicant shall be granted ten (10) days
to provide additional infortnation to make the application complete. ' '
b. Vested Rights De~ermination ,
I . It shall be the applicant's burden to affirmatively allege and establish the
exist€~nce of vest~d ~gh.ts.
2. Following receipt of a complete application, if the applicant does not request the .
opportunity to present additional evidence to the City Manager, the City Manager
shall . issue. a., written ' vested, fights cJ.etermination {"the, Y ested, "Rights , , '
,. Determin'ation") within sixty (60) days of the date of detennination that the
application is complete.
'~
(LandDeve1opmentCode)
Revision 9-11-06
1-7
0.-
"
/y" .
3. T4e applicant may request the opportunity to present additional evidence to the
City Manager, and any such request shall be granted. The City Manager, in
consultation with th~ City Attorney, may conduct a hearing to evaluate the
applicant's evidence, land may require that all testimony be submitted under oath.
In the event a hearing is conducted, a recording or transcript of the hearing shall
be made. Within sixtY (60) days following the conclusion of the hearing, the City
Manager shall issue a'written Vested Rights Determination.
4. The Vested Rights D~termination shall contain findings of fact and conclusions of
law and shall include th.elegal description of the property to which it applies. The
Vested Rights Determination shall set forth whether the project or development is
I _
vested, in whole or piu1:, for consistency or conclliTency, or both and whether the
project or developmdnt is subject in whole or part to this Land Development
Code. The Vested .iRights Determination may contain reasonable conditions
necessary to effect the purposes of this Land Development Code- and the
Comprehensive Plan~ It shall state that the Vested Rights Determination is
subject to expiration ~ accordance with this or subsequent ordinances. The City
Manager. -may consul~ with the City Attorney in connection with the drafting and
issuance of a Vested Eights Determination.
c.
Appeal of Determinatibn. Any applicant may appeal to the City Council the City -
Manager's Vested Rights Deitermination. The appeal shall be filed with the City Clerk
within thirty (30) days foll~wing the rendermg of the City Manager's Vested Rights
---Determination. This time isi jurisdictional. The City Council's review of the Vested
-Rights Detennination shall \>e based solely upon a review of.the application and the
evidence.in support thereof s,ubmitted to the City Manager. The City Council shall take
final action on the appeal within sixty (60) days from the date the appeal is filed with the
City Clerk. The decision ofllie City Council shall be final, subject to judicial review.
- -
',-
d. - Payment of Review Costs. Notwithstanding any provision contained herein to the
contrary, the Vested Rights Determination shall not be final - until all review costs
incurred by the City in connection herewith have been paid in full by the applicant.
e. Judicial Review. Judicial review of the Vested Rights Determination made by the City
Council is available and shall be by cominon-iaw -certiorari to the Circuit court. .
21-07.07 - Health, Safety, and Welfare Consideration
. ." .
Nothing - contained herein shall- preclude' the City of Edgewater from - requiring a - project or-
development to comply with any Land Development regulations adopted subsequent to the
iss~ancy of th~. F41al DevelQpm~l).t..orderor the..qbtaining _of ve~te4 rights.if ~e qtr ~OMcil
deems s~ch compliance essential to the protection of the health, safety, and welfare of the
citizens of Edgewater.
(LandDevel opmentCode)
Revision 9-11-06
1-8
.., t.,..
SECTION 21-08
DELEGATION OF AUTHORITY
'-_..?" ,
Whenever a provision appears requiring the administrative official, the head of a department or
some other City officer or employee to perform an act or duty, it is to be construed to authorize
delegation to subordinates to perform the required act or duty, unless the terms of the provision
or section specify otherwise, or such delegation would be contrary to the spirit and intent of this
Code.
SECTION 21-09
RELATIONSHIP OF SPECIFIC TO GENERAL PROVISIONS
More specific provisions of this Code shall be followed in lieu of more general provisions which
, may be more lenient than, or in conflict with the more specific provisions.
SECTION 21-10 ' CONFLICTING LANGUAGE OR PRovISIONS
In case of conflict Within this Code or between this Code and the Code of Ordinances, the
language or provision which is most appropriate shall apply.
SECTION 21-11
SEVERABILITY
If any section, subsection, paragraph, sentence, clause, or pl?rase of this Code is for any reason
held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the
validity of the remaining portions of this Code shall continue in full force and.effect.
SECTION 21-12
REPEAL OF PRIOR PROVISIONS
Table I-I lists the portions of the Code of Ordinances that are hereby superseded and expressly
repealed upon the effective date of this Code.
.' .
(LandDe'Ve1opmen tCode)
Revision 9-1 1-06
1-9
THE CITY OF EDGEWATER
DEVELOPMENT SERVICES DEPARTMENT
139 East Park Ayenue, Edgewater, FL 32132
386-424-2400
r.,;
VESTED RIGHTS DETERMINATION- APPLICATION
ALL ENGINEERING/CONSULTANT REVIEW AND ADVERTISING COSTS SHALL
BE REIMBURSED BY APPLICANT/OWNER
OFFICE USE ONLY
DATE APPLICATION RECEfVED:
CASE NO.
APPLICANT NAME: /Lr;,;J. lr'1'di\.c; ~pt/J mM'/.J./C ~.
MAILING ADDRESS: /7.:?1 I?m 14/>>;1 j/ru/X; [fjel,/J.v I?:w?-<
PHONE NUMBERS: WORK: 3'<?h-72l~2-2!() HOME:
FAX NUMBER: 38/./ /.f;t 7- /jfZ'/:2.
OWNER'S NAME (if difierent from applicant) /Jt'Jj" 7 ;!o",;<,..s ~ "::.t'':J dimh- t&/A<'r ;,
MAILING ADDRESS: ~t?M-{" PHONE:
APPLICANT'S INTEREST IN SUBJECT PROPERTY? Ch't//l/..-t'r
PROPERTY ADDRESS/LOCATION: .6u.-sf ,~;cL m:~r )o>v ;ttpl iP-c::!wc'r'"v
) d.f~ 5.Jrr ~-f rJ- yJ1:5S/u,1./ tJerh ,I11cA/ Ik>m( ;t"J: J 10 -r p-v-- ftCr~J':'
/
PARCEL#(S) 73.LjLj -(56 -6 5-0020 739'9 -t1t.-rJb'-~//J.? 7:;~~-rf}-t:JO-T'.(Y/()
73ift/- Ob-'O{- CJo3.:z-
Vested Rights
Rev.2-07
- 1-
Pursuant to Chapter 286, F .S., if an individual decides to appeal any decision made ,\lith respect
to any matter considered at a meeting or hearing, that individual will need a record of the
proceedings and will need to insure that a verbatim record of the proceeding is made. The City
does not prepare or provide such record.
PLEASE SUBMIT YOUR APPLICATION ACCURATELY WITH A COMPLETED
CHECKLIST AND ALL REQUIRED ATTACHMENTS. SUBMISSIONS OF
INCOMPLETE APPLICATIONS WILL DELAY PUBLIC HEARINGS
I have read and agree to the terms and conditions set forth in this application.
SIGNATURE OF APPLICANT(S):
d.
DATE: O~/ /)1.,/0 7
I /
DATE: O~/;~ jtJ 7
SIGNATURE OF OWNER(S):
.'
Vested Rights
Rev 2-07
-2-
STORCH , MORRIS S HARRIS, L.L.C.
ATTORNEYS AND COUNSELORS AT LAW
INCLUDING PROFESSIONAL ASSOCIATIONS
GLENN D. STORCH, PA
JAMES S. MORRIS, P.A.
TY HAR.RJS, P.A.
Via U.S. Hand Delivery
420 SOUTH NOVA. ROAD
DAYTONA BEACH, FLORIDA 32114-4514
(386) 238-8383 TELEPHONE
(386) 238-0988 FACSIMILE
glennstorch@storchmorrisharris.com
jamesmorris@storchmorrisharris.com
tyharris@storchmorrisharris.com
OF COUNSEL
AL FORD
July 10, 2007
.;QECEHIED
!f!J ~ "
~... ~jL. i ;; .~~~~/r(?
f I(J."-tl{!u: :h.v D'.?li2!Dmfif1f i;
Mr. Jon Williams, City Manager
City of Edgewater
Post Office Box 100
104 North Riverside Drive
Edgewater, Florida 32132-0100
Re: Vested Rights Determination for ASD Propert(es - 110 +/- Acres
Dear Jon:
As you know, this firm has the pleasure to represent ASD Properties and Rodney
and Bradley Jones, the owners of approximately 110 +/- acres located east of Old Mission
Road and south of Josephine Street (parcel #'s 7344-09-00-0010; 7344-06-06-0010; and
7344-06-05-0020; and 7344-09-00-0790). We are writing you to request a determination
of vested rights pursuant to Section 202.01 (8), of the City's Land Development Code. We
have attached a copy of the legal description of the Property as Exhibit "A" to this letter.
A copy of the Ownership and Encumbrance Report as Exhibit "B" and the Warranty 'Deed
is attached as Exhibit "C". Finally, we have attached the required sworn statement as
Exhibit "0" and as Exhibit "F, we have attached copies of documents which support the
claim for vested rights as well as a certified appraisal of the property, Exhibit "F". . It is our
position that under the City's Vested Rights Determination provisions and applicable
Florida law, the projectisentitled to "vested" status.
The City's Vested Rights Determination process states that vested rights can be
established by:
[t]he person seeking to establish vested rights, with respect to such project
or development, ortheir predecess9rs~in-interest (1) have relied in good faith
and in reasonable reliance upon sOlJ1e c1E?ar and unequivocC!1 act orpromise
of the City, and (ii) have made such a substantial change in position and
incurred such extensive obligations that it would be highly inequitable or
unjust to destroy the rights which such person has acquired...
This vested rights determination provision codifies existing Florida law relating to the
doctrine of equitable estoppel.
In February of 2005, Rodney Jones met with Ken Hooper, the former City Manager,
Terry Wadsworth, Darren Lear, and Liz McBride to discuss the proposed project. Based
on that initial meeting, Mr. Jones filed for voluntary annexation into,the City on February
25; 2005. The City, on July 18, 2005, completed the annexation of the Property into the
municipal boundaries of the City of Edgewater. On May 25, 2005, ASD Prop~rties filed
for an amendment to the City's Future Land Use Map ("FLUM") to change the future land
use designation to City Medium Density Residential. The City Council approved the
amendment on October'1 0, 2005. Concurrent with the FLUM amendment, ASD Properties
also filed an application to rezone the Property to MH-2/ RPUD. On September 11,2006,
the City amended its land Development Code to prohibit development within the 100 year
flood plain. Th~ Property is within the 100 year flood plain. Accordingly, the proposed 125
residential lots would not meet the criteria established by the City's amendment to the Land
Development Code.
To 'date, ASD Properties and Rodney Jones have collectively spent a'most
$900,000.00 on surveys, engineers, attorney fees, and property maintenance costs'to
develop the Property. Given that the project was initiated and 8P'provals were granted by
the City a year and seven months before the City adopted its revised Land Development
Code, it would ,inequitable fo'r the City to deprive the owner the property rights secured
through the City's adoption of the FLUM amendment and the owner's goodJaith application
for a zoning change.
The doctrine of equitable estoppel may be invoked against a governmental body
under the appropriate circumstances. See Dolphin Outdoor Advertising v. Department of
Tran'sportation, 582 SO.2d '709, 710 (Fla. 1st DCA 1991); Reedv Creek Improvement
District v. State Dep't. of Environmental Regulation, 486 So.2d 642, 647 (Fla. 1st DCA
1986); Sakolsky v. City of Coral Gables, 151 So.2d 433 (Fla. 3rd DCA) . To make out a
case for equitable estoppel, one must show: (1) its good faith reliance on (2) some act or
omission of the government and (3) a substantial change in position or the incurring of
excessive obligations and expenses so it would be highly inequitable and unjust to destroy
the right the property owner acquired. See Hollywood Beach Hotel Co. v. City of
Hollvwood, 329 So.2d 10, 15 (Fla.1976); Franklin Countyv. Leisure Properties, Ltd., 430
So.2d 475, 479 (Fla. 1st DCA 1983). ASD Properties and Mr. Rodney Jones acted in good
faith on the representations of City staff and prior approvals of the City in annexing and
amend ing the future land use designation of the Property. Accordingly, the firsttwo prongs
of an equitable estoppel case have been made. The third prong requires a change in
position or incurring expenses in reliance on some government action. Mr. Jones and ASD
Properties paid for sUrVeys,-engineerin9',and legal representation in an amount of almost
2
(
$900,000.00 to secure development approvals for the Property. Accordingly, ASD
Properties and Mr. Jones have made a substantial change in position and incurred
extensive financial obligations, thereby satisfying the final prong of an equitable estoppel
case under Florida law.
We would respectfully request that the City provide the requested determination
of vested rights so that Mr. Jones may proceed with the pending rezoning and
subsequent approvals required for securing a final Development Order.
Thank you for your assistance in this matter. If you have any questions, please
do not hesitate to contact me at 386/238-8383.
Sincerely,
~~~
Ty Harris
For the Firm
cc: Mr. Rodney Jones (w/o encl)
Mr. Darren Lear, Director of Development Services (w/o encl)
Mr. Terry Wadsworth, Director of Environmental Services (w/o encl)
Carolyn Ansay, City Attorney (w/o encl)
3
: .
EXHIBIT "A"
!
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ExmBIT "B"
UNDER SEPARATE COVER
(
\.
EXHIBIT "C"
(
Acquiring Deeds
'Ago 1 of 3
"l11b _.. Prtp.nd By &Dll R<lUnIlD:
!tJ.ch<>1"" ~. Georg.
Onu..ky " a.aCV&
500 II. 01~ .Lva.
:Oayt:=a. hach, l'So i2ll!
06/2412003 10:52 All
Dee stlllPS 2800.00
(Tr/ll1sfar Jl!It $ 400000)
Instnnmntt 2003-U9Z31
Book: 5~OO
PO.QS: 2:1.91.
hrctlmN.IlIbu; 134406050020, 73440lfOoliolO,
~f1 TlN', end 73440606OCUO
Giu=c1J 'flN,
Warranty Deed
ThIJ Indenture, MWthiJ if/A day or JUne
au: ANN .MOLIiJ:GAH, A. rido.. and sing!...
, 20Q3 .\.D..
Between
dl'1ho<:'C!llIIIl' or Voltuda ,s-or llad-cia .,grantnr. al
A.G.Il. Pll.OP~. HllBAGll:!!XNT, L.L.C., 3. co:.:porat:i!)I1 ~rr-..m9' 'Under the
b.w. of the Stat. Clf !'lorid.1.
wlr>IC""",,"" Ill: 1'. o~ llax 290131, por~ Orangel, FL. 3:n:z~
ere. c-..y er Vol-WI!.
Sldo or J'lorJ,da.
. gran~
WItnesseth dtrlh:OlWlTOIt.lllrud..~ Dl'lb:_of
-______________~_~______TEN DOLLARS C~~J--------~-------------- ~
. al tAICr- p>d mI .- .o..~ .. ~ 10 _ ptl4 by ~ dlo ~ "'!<lcco( ".Ioiby ~ "boo
p:l1lid. l>up/ood IDd.IO\\ 10" _ GlWfI'Ef;.1lld G\tlJl"TEES bcln, __ - oaIpa f_ IIlc Ii>lI<nri"I de=Dollllld,. ""'""'-
lyioaaodl>&&ln1l>c:c-,or Vol.l111ill Sldo<lf Flon~ "wit
Lega.1. d,..,;cript1,OIi attAche4 her...t:o as ZXhihit A, P&J:Co:ts A, 11, and C,
lUid mlLde .. put: ~CJf.
,
?:he. ap,o'uBe w;lth wham title to this .p=perl1' 'tt&It acqu.ir:6d 'trail
oont:muoual:r -=iad t:o the named sranto.: m t:h!.JI ~d ~rl;lilll the
of i.tIl AcquJ.II:LtiOI1 tbrcJugh the time of aaid spoUS6' II doltth.
Subject to elUlemel1t. and reatr!ctionit of record, U an)", an:y ZIlOI1tion
of ~a..id reatrL:n:ions herein phaJ.]. ~1: serve to ~ae a_. <<nd
-.ub1oc:l; tq l:a:I;e. ft:r:: c:u:=enl: ;ya1U:'.
Subje.c;1;l to ~ ~9 J!IQ11ey ~i.l:"~t. =l:~-90 pQya.ble to gJ::'lCi.1;Or.
tbu
lad doc .......... clooI b:neby r.Dy ........i 11>0 lide III said Ioad,.""" trill dd<aoI Ibc .... ..... lowl\II cIdia or 011 .....- w~
ID. Wlbiess Whereat .. ~ .... ""- otl '"' lool4 "" ""'.. &!q oo<l1<"1Ii<sl--
~setlkd udc\elJ~ In D....p~
1J.;p,~~'iM-I.I~
.Pditt. Nama, k4-.y AHrr SAt.uUW
W.ttneall
/I~a.~~
PrlJ:l,t:ed 1'1'.-. rl/~QLA;C; ,40. Ge6~G-6
WitneBB
(Seal)
STATE OF lI'lorida
COUNTY OF Vol-Usia
'tile ~ ~ _.~ bel"","" Ih!J i!(f~
RAE ANN ~GA1'l'. & td.dow and s:Lng-l.a
~1 or
June
,2003 by
libel>
11I\II1 JINllWUoEll
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EXHIBIT" A"
PAf!.CEL A
^ PAAC9.. Of' LAND IN 1HE: JlIOOlE or .:l~D OF 1l:I~ AMllllose: HUll GRANT t SAID
MlOOU: :;no L"l1I{G .foliO BEING IN s(C'ilON <<. T-17-5; n-~e Nfl> SECllQN 5J,.
T-17-S; R-~f;) ANO ~DED AS ro..t.oWS: COIlI.IENCE ^T'mE: NOIffilt:AST
CORNER OF. SND ),UDOLl:: 3RO. 'ltiEN~ SOUT!-lEl1l:.Y ~C 1ftE: EAST UIie W rue: HULL
.GRANT 16:51.6 fEET f.OR 1liE ptXNT.Of OCClNIUNG; "M:J{CES zno'El~,.52. FEET
J\1..CN~ mE EAsTERlY UNt OF IML CAANTI lH91~ S 6.4'42'W:.2331.76 FEET; '\l'IEHGE
N t:r:zlJ'30" E t80iI.24 FerrI m::NCE N 04'J'W 611.25 FEET: ."!HENCE N llS'5ll'E 12.23.&3
FEET TO 'IHE J>OIHT OF BE&lNIilNG, COIUAlNlNG al.56 ACRES MORE OR u:ss ,\fiD ,IU
BEJN~. IN SAlO AMBROSE HUll. CI'lAHT: ' .
,pl\Rca: .B
APMca OF UNo iii .1flE MIDOU: lIllRD OF 1l\E AJ.lBROSE HULL GRoo, S.....D.wnou;
llitRU L'tINe AND BElKO iii SEC11Ol'l <<. lOW<<SliII' \7 SOIJlIi, R,,"~ :J3 EAST AAD
SEC110H ~ lOWHSfUP 17 SOUl<<. RIItlCE 34- EAST .-.HI> DESaUBEll AS ftUOWS;
COI.lMEliCE /IT 1m: NORTHEASTERlY COllNElt DI' SAID I.IlDDLE moo. 1HEJl~ SOJ1HERLY
ALONQlIlE EASTERLY UNE OF lIE N.lBROSE HULL QWlT. la3t.6 FEET, '!HENCE swm
liS"5D' ~ 12;l.3.63 fEJIT f'OR 1llE POlIlT Of" BEGINNING OF' .-mE: DESaUPlll>>l, 'tHENCE
S ""':s'E: 69.25 Fn;T: ~CE H~' W 555.56 FEET to WE MlS&\o,r ROAD (OlD
.1U1ttlUU. HAJ,CI.lOCK ItO/ID) lHENCE wnH mE SAlt) ROAD N 'J:J:2:1: 1::611.82 FEET. .
1liEHc:E s 715~G" E n2l5.49 FEET TO.1HE pQINT Of' ElECtrlHlHO ,or. lHlS OESmlf'llOO.
S1J8JS:T 10 AN tI\Sa.IENT OVER .?AAca. "e" FOR ROAD PURPOSES. .
Exhibit A ~ en next page
, O' . . ... ..... ... : ~ I. ..~
'.
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'age 3 of 3
.. . .
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on Iii
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EXHIBIT" A" conl::inood
PAACEl.. C.
1HE. FLX.LO'MNG l.NlD lK YOWSlA cowrY Fl..OfUD~
AI.1.CFBI.OCK ~ EXCEPT LOT :: M:ST Of OI.HAL ,\HI> KORlH Of ROfID: llIAT PA!rr
CF u.rr i. BlOCK ':'E" \"'YING SOUtH OF" ROAO: I;;XCEPT THA't POmlOH. DESCRI13EO" AS
FOU.OWS: IlEGlNtIIUG AT mE ~YCORNER Of' SAIl> LOT s. PLOCK oE"1
1HEHCE NCJmlERLY AlONG lHE \'/ESlERlYUNE OF. s.IJD'U1T, A DISTANCE OF ;J~ fE(f
ro. '!HE POlH1' OF IIfJERSEC110N "OF. THE: WEST l.JNE OF LOT 1 .VIllH mE ~ ROAD;"
'lFIEHCE NOO1}lERI..Y AtONG CWHTY ROAD A DISTANCE OF.2.25 fEETl lHENCI::
SOI11HIrAS1ERLY :r75 fEET UORE; OR USS 1'0 THE sOlflHQ.SlERl.l' CORHl'R. OF SAID
LOT; 1JfENCE ~lY ~G SO\J1HEkLY lINE 10 lliE POINT OF ~~G, NJ..
aElHC STVA1ED IN 1H~ ..J.AMES LiJPE SUBDMSloN. PER MAP BOOK 2, PAGe JJ, I'lJBUC
RECORDS ex' VOUJSL\ COUIfrt. 1'L.OfflDA.
1J...SO:
THAT PNU Of LOT SOF lHEUlDDLE 1/3"()f "tHE AMBROSE HUll. CRNft, ACCORDIHG
romEJ.t"" N LW> BOa< " P^GE Hl, DESCRIBED AS R.1U.OYtS:. BEClMNlHG AT TIlE
SOO1HEAST CORNER Of. BlOCK "D" OF ilALIES. wPE's SUBDMSION "CJ' 1llE Iit.lBROSE-
H\JU..,GRAKT..lHENCESOUlIiERLY ON II UN!i; DElNG "!HE:"E:X1"ENSlotl OF 'THE FJ.ST UNE
OF B1..Dq("O'";. ^ txSTAHCEOF 220 FErn lHCNCE M:SIDtt.Y TO mE SOlTTHwtST
~ CF s.wm..ocl<1>-: 1HEN~ EAS'Wly Al..alG mE soultnH IF SAID BLOCK
.0. 10 '\liE I>OlNT OF BECl1'IHlHG. EXce>T 11iAT PART DESCRIBED IS FW.OY/S; .
PROPERTY IN Il1..Ocx "D" Of" lHE JAUF;S UJPE SUSDlVlSlOH. PER w.P BOOK "2.. pACE :53,
Pll9UC RfXOODS OF: YtlWSl^ COUNTY. fUlRIl)A, D~ }S FtlLOWS: COt.PoIENCE Ai
1HE se: ~ C'F 9l.0Cl( 0 OF JAMES llJPE $U1lDlw;!Ctt. lHEHCE sOOlHERLY ()I A
~ BElNG m:: EX'lENSIOH OF me: EAST lJNt oF IJlOCK D, A DISTANCE OF 22lt1 FEET:
lmNCE SOUnf onz YlEST 1223.& FEET; ~c:E NatlH 76"'JZ' YtST J52.2lJ fEET: :
'IlItNCE: NORllI ZZ-lI6'zQ" EAST 73!:J.77 FEET; lI!E:HCt SOtItH .6713" -<<I" Q$ 211.116
F.EEt: 1HENIE sOu1H 27"46'2.0" WEST 55 FID~ .tHENCE sOtnH 17".Zlf 40" EAST 1G fttr.
FOR mE POINT OF BEGINNING: mma:: scum 1720'40" EAST'225 fEET: ~
SculH 7T.Slt20" \'IES1' ,J3.3J m:T: '!HENCE NORm 1T2O'.fO" WEST 225 ~ 7HENCE
NORm ~20" v.sr. 1J3.:5J" FS TO 1HE POINT ll" BEGlHHING..
AND EXCEPT THAT PA!rr DESmJBED AS fOlLOwSl PROPERlY IN Bl.OCK D OF.1JE JAI,lE:S
WPE stJBPI'/ISION. PER NI,f' BOOK 2. PAGt;. 3J, PlJeua REtOROs Of' WlUStA COOHTY.
FlORIDA. 0ESaU9ED "/IS FOlLOWS: COWENCE AT '\HE SE COllHER tJf" 9lDCl< 0 OF" mE
JAIdES WPE SU6DMSloNj 'lHENte SOUltiERl-yoN A. UHE. BEING me: OOENSlOH OF 1HE
EAST LINE OF ll,OO(o.. '" Ol$1AHCE Of' 22Q.1 FtE'P. lHEHcc: S ~ W 1'Z2U FEEtI
lHENCE " 7lrJt :yerr.:sll2.25 Fr:ET; UiENCE. N 22'<I6'20!' E 7~71 FEl'i ~ s
11713"40'" E ,~ FEET FOR 11fE pCJHT OF' ~Q OF 1HlS DEsaUP11DN: ~CE
ccmIIiUE SOlTJfl 1IT1:f.w- f: 1!52.6B I=EET; lHEHCE 5 U'oW2D" WESt 55 rom 1liEN~
s 1no'.w-W 10 FEET: llIENCE" S 72."J9'2If"W B5 rom..'niENOE N ti7'l3'40" W Il!S
FEET: 1HEHCE H :z2"411'ZO" E 1%0 F.EE:T 1lJ THE POINT or BEGlNWlla Of' lHlS
OESt:RlPllOH. .
E
aqslot2
1?I02/200J 10:14 AM
Doc stamps 56.00
(Transfer Amt $ Booo)
Instrumentl 2003-~02506
Book: 521.6
Page: 131.4
Tax Deed F'ue No. 10704-03
Property Identification No. 7344-09-00-0790
DR-S06
TAX.DEED
State of Florida
County of Vol usia
Tbe following Tax Sale Certificate Numbered IQ704-03 issued on MAY 1. 2003 'MS
me<! in the office of the lll:l collector of this County llIId application made for the issuance oC a tax deed. the
appliCant blving paid or rcdec:mcd an other taxCll <It tax sale certificates on the land described IlSrequiIl:d by law to
be paid or redeemed. and the ~sts and c:xptnseS of this we, lIIld due notice of ssle ha'Ving been published JIS
requited Iiy law. and no person entitled to. do 50 he.ving appeared to JCde<:m. wd 1md; such land Wl1$ on the
02N.J;l day of DECEMBER . 2003 . offered for satc.asrequircd by law for cash to the
highest biddennd was sold to A.S .D. l'Bnl'ERfiES lWl!GMENL LLC. aonliEt JONE!
whose address Is 1'0 BOX Z90131. POIcr ORANGE FL 3Z129
. being the higb~ bidder and ht'Ving paid the sum of Ibeir bid as requiIl:d by ~ Laws of Florida..
NOW, on this 02ND day of DECEMBER. .%003. in the CoW1l;y oCVolu$ia, Stale
ofFtorida, in cOllsidennion oflhc sum of(S 8.000.00 ) EIGHT THOUSAmI A1m RO/IOO
* "1\ Dollars, being the amDuilt"paid pnrsuant 10 the Laws ofFlori~ does hereby
tell the following lands situllted in the County ind State aforesaid and described lIS follows:
~., 441.7.33lRREG.MRc;ELBEING 132.66 F:r ON,NIL&.12D.Fr.ON-WiL &- 55Ft ON ElLAKALOT~UNREa.OAL
HA:vEN'r.r.Nf . -. -
Wltn...~{Jff ~7~
~!.~., ..
LORI DIGGS. ~
By.
fd J.. ~ .A/
D LRUEOOER.~Clerk
Volusia County, Florida
STATE OF FLORIDA
COUNTY OF VOL USIA
Onthis02ND ~ of D~ER 2003. before IIlC
KARel CHl'ITY personally appeared D L RUEGGER.. Deputy Clerk of the
Cizcuit Court or County ComptrOller.in and for the State and this COJmty known to me to be the ~n
described in. and who executed the foiegomg instriI!i:1ent,. and acknowlcdgc:d the execution of this
instmment to be ~ o~ ~ IICt and deed for 1he use and purposes th '. entioned.
Witness my hand and official seal date aforesaid.
1WlBlJ.Cltm' ' ,..
llf~tCCI9OU1<
8l'IleS;Alda.m
--,-_:
cr....oOO9.S.f12.
F
pa!j"2 ot 2
STATE OF FLORIDA
COUNT\:' OF VOLUSIA
CERTIFlCATE NO.J..QW:Ql
BdOk: 521.6
Page: 1.3:1.5
Oidlie H. M'dtouseR
Voltisia County, Clerk of Court
CERTIFICATE OF MAD.J:NG
1, DIANE M MATOUSEK, Clerk of the Circuit Court in and for the State and County aforesaid., do bereby
cc;UfY that on :20nI of OCTOBER AD,lQQb I mailed a coPy of the attached Notice of Application for Tax
Deed, addressed to:
MIRIAM K T~OPOr.
~ K TARNOPOL
at PO BOX 20784 J1J::LAROMA CI1Y OK 73 156.
at REGENCY APAl!TMENT8 551 EASTSEMOltONBLVD APTC-l2.
fRR.N PAn FL 32730
. Witness my band and official seat this mm ofocroBER..1Q!l1.
niE fUDER -OF lHlS TAX camFlCATE
muEO FOR TAX DEED SALE. PER R.ORIOA
STA11STE it91.5t2, 1HE cemFlCAlE OF.
J,W.JI/Q AND _PFIOOF OF ~iOOARE
BBOORECOROED IN TliEI'IJllOO RECORD.
DIANE M MATOUSEK
CLERK OF TIlE CIRCUIT COURT
BY: QJ. ~-'7~
o L RtlEGGER, Deputy Crk
1['1'1. !~iB ~ y Ji~gizI8~'I.! i.tl~~g
! fi 'll Ijn~ I r I la~~g;. 'I Iii Jil !
Iljl!li"iil~IJi!J blilt=ifllJ i If~1 dUuUi
.'.UJ':hf ii~li~1 ti"'tdl;S: !ga:5RU!II!!y ,
i Illiff!l!j!i~IIiJfill!9ii!illilllilliti!iifi
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en till~ : ~jI.:ji !~!i~li-
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P"P""<dBy: Nu", C. Willi>
, fJ:oCild_I.T!& At"''''' Ioc.
4QG.c.w Str.tl
N....S.".,.,.. Bacll FL3%161
Indd<zutl !Xl tho J""""", of. tide i=""", pollC)'.
FU. Number, I56l6
Pan:c! 1[)fl~D031
@
G5!24(iJ1J1 C11:211 .:JI
10: staJPS 700.00
(Tl'iIllSfer Art t Icn:mJ
Instf\JlefltJ 200H2m
Book: 5324
Page: 4706
WAlUU.N1'Y DEED
(INDIVIDUAL)
This WARRAN'l'rDEED. da1..! 05/1711004 by
RICHARD L. SPANGLER AND SALL.l.' Eo MACKA Yi HIS WIFE AS TO AN L'NDlVIDED 1110;' INTEREST
AND ,ROBERT B. SPANGLER. AN UNl>1ARlUED MAN AS TO AN UNDIVIDED 1/4% INTEREST AND
CHlUSTA IC. TWOMEY, AN UNMAlUUED WOMAN AS TO AN UNDIVIDED 1/40/. INTEREST
wbose post office address iI::
168 Llncolu Stnct, New Smyrna Bath FL 32169
hcrcinafter call..! the GRANTOR., 10
.JOHN .A. ADAMS
. whose post office .rldn:ss is:
hcdnall.. caII<<llhe GR.ANTE.E:. 1
CWh=used h=in the Iallls 'ClnDlor".ancI'Cinmlee' \ncludt olI portia 10 Ihb ~ ancIlbc
hOts. lopl J<prCS.....tlves and wip>s oflDdividuah. and the sw:ccsson: I%IlI ~ of co~om.)
WITNESSETH: That the.GRANTOR, for and in COIUidc2tion of the SUlI1 of $10.00 and o!,bel' valuoble tollSiderntlons,
nx:c:ipt whereof is hadly acknowledged, hereby /inu1ls. barpius, sdh, all=. ranis<:$, releases, COUvcy:l and confums
"Unto !be GRANI'EE, all tIml ccrt1.ln land silmte in Volusia Couuty.Borlda, W:: .
A 'portloD of Block "E" aud a pontOI> of Bloclt "F", LOVEJOY'S ~ SUBDrYISION m the Middle 3rd of the
.AIIOlROSE HULL GRANT, ac:conlilll: to the plat th<nOf.. =dcd In Map Book B, Paec l25, of the Pnh6e
Rftonls of VoIuda County, Florida. being described a5 foDows: Commence d the Southeasterly earner of Block
"F", ..id LOVEJOY'S :zND SUBDtVISlON; thence North %1' 00' 00" West, along the Easterly 1IIle of u.Id B1oi:k
"F", . dl~t&Dce of 1300.00 f~ thellea. South 69" 1%' 53" West, a distance of IS4S.il4 fect for the l'olDI of
1l~ng; thcnee South.11D 00' 00" East,. cllitluee of UL30 feet; thence SoDlh.69" 12' S3a West, a diStance of
1548.14 fcct;.fhell"" North 21D 01' 46" Wert.... clistallce of%8J.30 feet; lhcnce North 69D U' 53" East, a distance of
1548.%9 feel 10 the PolDt of BeglllJll.D:.
Sllbjcd-to..d together with . 30 foot easement for 10gren/egress nd ulililies.des<n"bcd as ronows: A perUolI of
Bloc:l< "E" ""d a pornoll of B10ek "...., LOVEJOY'S 2ND SUBDMSlON lD the Middle 3rd of the AMBROSE
HULL GRANT, according to the plat thereof as recorded 10 Map Bool!: I, Paec '25. of the Pub1ie.Realm of
Voluda ColUlty, Florida being deseribed .s rouows: 'Commenec at the SoutheasterlYeDl'1ICI" of ~ "F", said
LOVEJOY'S iNtI.SUBDIVISION; t1wu:e North 21D 00' 00. WC$t,'a1on:.th~ Easterl)' line .of said :mock 'T',.
d~ of 1300 feet; thCDCC Sou.th 69D 12' 53" West, a distallce of 154S.04 feet; thence South 210 00' 00" Rut, a'
di5tuu:c of l2S.65 feel for the Palm of BeeJunl~ thcDce cootinu. Sout!>- U" 00' 00. East, .. d1.w.ec of )(1.00 fed;
thl:nce South 69" 12' 53" West, a distaDee of12.54 feet; tIIC1lOC North.65' 1(1' 07" WeU, a distaDc:c of 117.69 fed;
theaee Sooth 6!/" 0' 53" West, a cllstaDce of 1631.58 feet to the Euierly line 'of Old :Misdoll RIled, .s IlOll'
oecupled; tbCllOC rlorth 01" W 47" West. alODE: pld Easterl)' line of Old MinIOI> Road, . distanee of 31-61 rcd;
thence North 69" 13'31" East,,, dirtaDee of 1634.07 feet; theDce Soulll 65' 1(1' 07~ East,.. dirtaDec of 177.69 feet to
the l'olDt of Bq:ioniD~ .
Grantxlr hereby warrants that the property described In this Instrument Is not hiS constitutional
homestead as provided by the Florida Constitution.
j
!
SUBJECT' TO eovClWlts, condi!iClIlS, rcstrietioD1, RSel'\IlItions, IimitatiOOs, cascmCmi Illl:1 acrecm= of n:coriI. if IIIl)';
lUes znd usessmcDIs for the year 1004 ao4 subscqucot )'CllIS; aod to aIlllj?plieahle -railing on:lliumces and/or restridiolls
andprobibluClllS imposed by go~ authorities. uany,
TOGETHER. wilh alIlhc leoemerus, l=edilamcnls and appw1= therdo bclongiog or In anywise appcrtalniDg.
TO 1U J1E.AND TO nom. the same in fco simple fon:ver. !
I.ND mE GRANTOR herd,y covcnanls with '.a;d GR.ANTEI! lhaI CltCCpIIU above DOled. the GltANTOR. is lawNll)"
seized of said land in fee simple; that the GRANTOR bas good rigbI and lawful authority to 5CU and eoDVC)' ~d land;
tha11he GRANTOR hereby fully wanant~ the tide to said IaruI and will defend the =0 against Ih!: Iawfill c1aims of an
pcrsous wbomsocvcr.
H
Book: 5324
Page: 4707
Die H. 1I<ltwsfl;
VolLsla CMty. Clett of CaJrt.
. P~'2
Wamo:yDeed
Spangler cI aI sit Adam>:
, ~
!
WoIOd>fl S'
'WimaJ, 'I P'riIt
!'
Stale oC Florida
Ccumy of-Vlllnsla
I am uola!)' pubjic oftbe S1lItc of' Florida and III)' commission :xpiI=.
TIiE11OREDOINOINSTRUMENT- aclmOW1cdtcd;t. .CXI~OSll7~/20D4by.
lUClIA.lID L. SPANGLER.AND ROBEltT B. spAN
wbo~pCrsOI1BllflclOwnto_ot'Vi'bq~'jmldul:cd ", 'as' . .
,::",_ Siptwc: ~
~~ I'riniNamc: C. " Publi,,'
IN WITNESS ~. GRAm"O.lthos signed IIDd JdIlcd lh= ~ date set. fotlh abcm:.
SJGNED1NiREP~~. W1N~wnmsSES:OIl . .
_'ISiplm<; _ ~ A.M r-/
_nbiollWoc . SAU. lr 1t
:=:= ~14f1 v: i::1<<.~
SIaIc.of Florida .CoImfy DfVoluda
:by.
IN wrnress WHEREO):'. GltANroR. b2s &!gno:I.lIlId sealed lhtse pres<:nl$lhe dale set forth above.
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SIGNEDINIHEP.RESENCEOFmE:~~~~SES: ~''; /.
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TIm FOP.EOOlNG IN!>I1UJMENT...... acbowIod;<:d bdan: Ille GlO O"'l1hlll'>4 l>y: ClDUSTA. J(. TWohU:Y
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~by
Juditll taM, In employee of
Assodated l.mI TIlle Group, lnc.
no ThIrd AlIU1ue, SuilI$ 1 a. 2
New SmymlI Bead1, f1a\da 32169
(3S5) ol23-3S35
Re!1Jm 10: Gr2nlee
File No~ 1018-700150
WARRANTY DEED
Thls Indenture. made on January 03, 2005 A.D., by
John A. Adams
01/m/2005 iJ2:25- PH
Ikx: ~ 1-400.00
(Transfer Aat $ 2OCXXXJ)
InsLrt.Iler1tf 2005-004222
Book: 5470
Page: 551
whose address is: ,
hereinafter called the -grantor", to
A.s.D. Properttes Managemeot, LLC., a Florida Umlted UabJUty Company
whOse Bddress Is: P. O. Box 290131, Port Orange, FL 32129
hereinafter called .the .gnsntee~: . .
(Wh/dlll:nns "Gl3nIar" and "GrlmlI:e" olIlIll hcltJde ~ rr pl....~ capoI3!ltln rr k1dMd...r, md eftl1er$Cr" and sNI1lo;dJde heI:s, legal
re~ sua:r:ssars IIId aoslgns rllhe 1'i/l1I!)
Witne.5z:eth, that the grantor, for BOd In consideration or the sum of Ten Dollars, ($10.00) and other
valuable Considerations, receipt whereof Is hereby acknoWledged, hereby grants, bargains, sells, aliens,
remises, releases, conveys aod continns unto the grantee, all that certain land slt1iate In Volusla County,
Florida, to-wJt:
\
, .A.POIl1l0N.OF BLOCK.:'~ AND A PORJ10N OF BLOCK.:'.e,LOVEJO~2ND.susDtvISION.IN .
. THE tl!IDDLE.3RD.oE "EHE,AMBROSE.WlJ. GRArrrrACCORDlNrazJOnlE-:PtATlllJEREQF".AS "
, REcORDED'IN'MAPlIO"OIC; ar~A.\a~~,OFnnrpUB~Of.VOUJSfAlCOum:.Yi~...
FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEASTERLY CORNER
.oF BLOCK .p', SAID LOVEJOY'S 2ND suBDMSlON; THENCE NORm 21.~O'OO- WESrr
ALONG mE EASTERLY UNE OF SAID BLDCK .F",A DISTANCE OF 1300.00 FEEr; 1lfENCE
SOUTH 69012'53- WEST; A DISTANCE OF 1S4S.04 FEEl' FOR TIlE POINT OF BEGINNING;
THENCE SOUlll 23..00'00- EAST, A DXSfANCE OF 281.30 FEET; mENCE SOUTH 69.12'53-
. WEST, A DISTANCE OF 1548.14 FEET; THENCE NOR1lf 21.01'46." WEST, A DISTANCE OF
28L30FEET; mENce NORTH 6g"1.2'53- EAST, A DISTANCE OF 1548.29 FEETTO THE POINT
OF.BEGINNING. .
J
Page 1 af.3
Ul18 . 700150
..qe2 at 3
Book: 5470
Page: 552
SUBJECT TO AND TOGElliER WITH A 30 FOOT EASEMENT FOR INGRESS/EGRESS AND
UTILITIES DESCRIBED AS FOLLOWS: A PORlIOR OF BLOCK ~E" AND A PORlION OF BLOCK
~F', lOvDOY'S 2ND'SUBDIVISION IN THE MIDDlE 3RD OF THE AMBROSE HuiL GRANT,
ACCORDING TO THE PLANT THEREOF AS RECORDED XN MAP BOOK 8, PAGE 125, OF THE
PUBUC RECORDS OF VOLUSIA COUNtY, FLORIDA BEING DESCRIBED AS FoLLOWS:
COMMENCE AT THE SOUrnEASTERLY CORNER OF BLOCK ~F", SAID LOVEJOY'S'2ND
SUBDMSION; THENCE NORTH 21000'00" WEST, ALONG THE EASTERLY LINE OF SAID
BLOCK ~F", A DISTANCE OF 1300 FEET; TIiENCE SOUTH 69012'53" WEST, A DISTANCE OF
1548.04 FEET; THENCE SOUTH 21000'00. EAST, A PISTANCE OF 125.65 fEET FOR THE POINT
OF BEGINNING; TlIENCE CONTINUE SOUTH 21000'00. EAST, A DISTANCE OF 30.00 fEET;
THENCESOUTH 690U'53- WEST, A DISTANCE OF 12.54 FEET; THENCE NORTH 65047'0'-
WEST, A DISTANCE OF 177.69 FEET; THENCE SOurH 69"12'53" WEST, A DISTANCE OF
163L58 FEET TO THE EASTERLY UHE OF OLD MISSION ROAD, AS NOW OCCUPIED; THENCE
NORTH 02026'47. WEST, ALONG SAID EASTERLY LINE OfiOLD MISSION ROAD, A DISTANCE
OF 3L61 FEET; THENCE NORlH 69013'32~ EAST, A DISTANCE OF 1634.07 FEET; THENCE
SOUTH 65047'07~ EAST, A DISTANCE OF 177.69 FEET TO THE POINT OF BEGINNING.
Parcel Identification Number:, 7344-0HlHl032
The land ~ not the homestead of the Grantor under the laws and constitution of the state, of Florida and
neither the Grantor nor any person(s} for whose support the Grantor Is responsible reslde on or adJitCeI1t
to the land.
Subject to all reservations, oovenants, conditions, restrlctions and easements of record and to all
applicable ;zoning ordinances andlor'resbictfons Imposeq by governmental authorities, If any.
Together with all the tenements, hereditamen~ and appurtenances thereto belonging or'ln any wcry
appertaining.
Yo Have and to Hold, the same In fee simple forever.
And the grantor hei-eby covenants with said grantee that the grantxir Is lawfully seized of said land In fee
simple; lf1at the grantor has good right and IawfullluthoritY to seD and convey said land; that the grantor
hereby fully wanants the IitIe to said land and WIll defend the same against the lawful claims of an
persons whomsoever;,:and that said land Is free of all encumbrances elCcept taxes acx:rolng subsequent to
December 31st of 2004. '
In W1bless Whereof, tile grantor has hereunto set their handes) and seal(s) the day and year first
above writteri.
Page 2 or3
1018 . 7D015O
K
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Pl!.g!031l!3
/
Book: 5470
Page:: 553
Diane !'r"j2~ I -,
~D IlISla r:wrtY.,I CleO; of CWrt
----- .
I.~-_.. ..,~ :.dt'~ "....
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^~ ~~7Jj!j;j;;-resenre:
~
Prl Na Judith. A. Carte r
nt me:
~ )J () ~j1/l'~:U
~ S19na~
Name Rachel Schmidt
Print :
Sl:at.eot Florida
c:ounly of Vofusfa.
The foregoing Instnrment Was Acknowledged WbIe: JI1e on J<tnuaty 03, 2005, by lohn A.
Adams who Is/are personally known to me or. who ha!ifhave produced a valid drtvet.s license as
~~. C\.JJ/ OJ?~L
~PUBUC
N~ry Print Name
My Commission ExpIres;
hgc3 !lt3
IDlB .7OCI15ll
L
(
EXHIBIT "D"
(
(--
Prepared By:
Ty Harris, P .A.
420 S. Nova Road
Daytona Beach, FL 32114
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF VOLUSIA
BEFORE :ME, the undersigned notary public, personally appeared Rodney Jones, who,
having been first duly sworn accordingly to law, deposes and says:
I, Rodney Jones, am a partner in ASD Properties, and an owner of approximately 110 acres
located east of Old Mission Road and south of Josephine Street in the City of Edgewater, Florida.
In February, 2005, I met with Ken Hooper, the former City Manager, Terry Wadsworth,
Darren Lear and Liz McBride to discuss my property and a proposed Mobile Home project on my
property. Based on my initial meeting with the afore mentioned individuals, I filed for a voluntary
annexation into the city on February 25,2005.
On July 18, 2005, the City_of Edgewater completed the annexation of my property into the
municipal boundaries of Edgewater.
On May 25, 2005, through my company ASD Properties, I filed an amendment to the city's
future land use map to change the future land use designation to city medium density residential.
The City CoUncil approved the amendment on October 10,2005.
Concurrent with the "FLUM" Amendment, I also filed an application to re-zone the property
to MH-2/RPUD. On September 11,2006, the city amended it's land development code to prohibit .
development in the 100 year flood plane. My property is within the 100 year flood plane.
Accordingly, the proposed 125 residential lots would not meet the criteria established by the
city's amendment to the land development code.
Pa,ge 1 of 2
(
To date, I have spent almost $900,000 on surveys, engineers, attorney fees and property
maintenance costs to develop the property. At the present time, my re-zoning is unable to move
forward due to the change in the city's land development code.
This Affidavit is executed this rfaay of July, 2007.
Signed, sealed and delivered
in the presence of:
RODNEY JONES
~p-~c:;?
,
Printed Name: --r'i
ST A IE OF FLORIDA
COUNTY OF VOLUSIA
THE FOREGOING INSTRUMENT was acknowledged before me this i~daY of July,
2007, by Rodney Jones, who [;:Ds personally known by me or [ ] provided a driv. r's license
as identification. '
Notary Public State of Florida:
Printed Name:
0""" ~NO.lary Public State of Florida
!.~ . Kim Ward
\. ~.:1 My Commission 00507819
Of~"-. expires 0312912010
P~e 2 of 2
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EXHIBIT "E"
(
PLMERICAN SOl!( & oE"VATERI1"G; INCe(
P. O. Box 29013-1
Port Orange, FL 32129
l~hone: 386-756-23 to
pax.: 386-427-4812
May 3, 2007
Attn: Ty Harris
Two Months prior to first site plan I annexation, we met with Ken Hooper, Terry Wadsworth, Daren
Leer and Liz McBride. We explained to them that we wanted tD have a mobile home park with 50' X
tOO' lots and 40' wide easement with these lots being rented out They agreed to annex us in and
furnish us with sewer and water.
Currently 10 date, were have spent a little over $900,000.00 on this project.
Please call with any questions,
Thank you,
Rodney Jones
CITY OF EDGEWATER
PLANNING DEPARTMENT
PROJECT TRACKING
Project Number: AN-0503
Owner/Applicant Name: ASD Properties
Date Received: 2-25-05
Project Name:
Re-submittal Date:
(if. re-submittal requires new project number,
indicate previous project number): .
Parcel Number: 7344-09-00..,0010: 7344-06-06-0010: 7344-06-06-0032: 7344-06-
05-0020: and 7344-09-00-0790
Acreage: 99.59:1:
Location or Street address ofproject: East of Old Mission Road, and south of Josephine
Street
Request: Annexation
TRC Date:
Approved_
Denied
P&ZDate: 4-1:~J n~;
Approved _
Denied
City Council 1 st Reading: 4 -11 ,DS
City Council 2nd Reading:_ 5-a.cs
. 1-18'-D5
Development Order IsSue Date:
Development Order Expiration Date:
Certificate of Occupancy Issue Date:
Approved _
Denied
TRCAp'ProvaIs:
Site plan . .
Minor Replats/ Lot ~plits
Lot Splits .
Wetlands Permit
P &Z Approval
Yarl~ce
Site Plan (over 25,OOOSq.ft)
Cc:mditional Use
P&Z Recommendation to Council:
Re-Zoning
Lbt Amendments
D~ve19pmeilt Agreements
Voluntary Annexations
Subdivisions .
Mining / Excavation
Abandonment
Plat Vacations
TelecommmllCation Towers
:';,
(
CITY OF EDGEWATER
PLANNING DEPARTMENT
PROJECT TRACJ(ING
Pr{)j ect Number: CP A -0506
Owner/Applicant Name:
Date Received: 3-25-05
Project Name:
ASD Properties
Re-submittal Date:
(if Ie-submittal requires new project number,
indicate previous project number):
Parcel Number: 7344-09-00-0010~ 7344-06-06-0010~ 7344-06-05-0020: 7344-06-
06-0032
Acreage: 99.59:f:
Location or Street address of project: East of Old Mission Road
Request:
.Amend FLUM to Mediwn.Densitv Residential
TRe Date:
Approved_
Denied
p&Z.Date: 5-11-()5
Approved _
Denied
City CouncillSlReading: GJ)-(O-D5
City Council 2nd Reading: i C~ JD- 05
Approved _
Denied
Development Order Issue Date:
Development Order Expiration Date:
Certificate of Occupancy Issue Date:
. .
rIte ApprovalS:
Site Plan
Minor Replatsl Lot Spl~ts
Lot Splits
Wetlands permi(.
-
P&Z Approval
V mance
Site Plan (over 25,OOOSq.ft)
Conditional Use
. .
P&Zl~ecommendation to GOmlcil:
Re-Zoning
LDCAmendments
Development Agre~e~ts
V olontary Annexations.
Subdivisions
Mining / Excavation
Abandonment
Plat Vacations
Telecommunication Towers
r .......
j-
CITY OF EDGEW ATER
PLANNING DEPARTMENT
PROJECT TRACKING
Project Number: RZ-0508
Ovvner/Applicant Name:
Date Received: 3-25-05
Project Name:
ASD Properties
Re-submittal Date:
(if re-submittal requires new project. number,
m.dicate previous project number):
Parcel Number: 7344-09-00-0010: 7344-06-06-0010: 7344-06-05-0020~ 7344-06-
06..Q032
Acreage:~ :I:
Location or Street address of project: East of Old Mission Road
Rezone toMH--2 (2PU t)
Request:
TRC Date:
Approved_
Denied
P&Z Date:_
City Council ist Reading:
City Counci12nd Reading:
Approved _
Denied
Approved _
Denied
DevelopmeIit Order Issue Date:
Development Order Expiration Date:
Certificate of Occupancy Issue Date:
TRC. Approvals:
Site Plan
Minor Replats/ Lot Splits
Lot .Splits
Vletlailds Permit
P&Z Approval
Variance
Site Plan (over 25,OOOSq.ft)
Conditional Use
P&Z Recommendation to Council:
Re-Zoning,
LDC Amendments
Development Agreements
V olun~ Annexations
Subdivisions
Mining I Excavation
Abando~~nt
Plat Vacations
Telecdtnrfninication Towers
;'1
10:24 AM American Sock & Dewatering, Inc.
11/16/06 Other Name QuickReport
Accrual Basis January 1, 2003 through November 16,2006
Type Date Num Memo Account Clr Amount
Zev Cohen & Associates, Inc.
Check 4/18/2003 10826 Iny # 37983 Checking X -1,231.25
Check 4/18/2003 10826 Iny # 37983 Job Testing & Other 1,231.25
Check 5/12/2003 10979 Jny # 38055 Checking X -151.41
Check 5/12/2003 10979 Iny # 38055 Job Testing & Other 151.41
Check 7/11/2003 11390 Iny # ZC0302... Checking X -5,000.00
Check 7/11/2003 11390 Iny # ZC0302... Job Testing & Other 5,000.00
Check 812212003 11643 Iny # 38822 Checking X -3,666.42
Check 812212003 11643 Iny # 38822 Job Testing & Other 3,666.42
Check 9/1212003 11777 1m; # 39049 Checking X -1,060:66
Check 9/1212003 11m Iny # 39049 Job Testing & Other 1,000.66
check 12/1212003 12339 Iny # 39788 Checking X -2,883.00
Check 12/1212003 12339 Iny # 39788 Job Testing & Other 2,883.00
Check 1/19/2004 12567 Iny # 39930 Checking X -3,836.00
Check 1/19/2004 12567 Iny # 39930 Job Testing & Other 3,836.00
Check . 3/18/2004 12936 Iny # 40475 Checking X -1,972.00
Check 3/18/2004 12936 Iny # 40475 Job Testing & Other 1,972.00
Check 5/24/2004 13393 .Iny # 40789 Checking X -2,878.50
Check 5/24/2004 13393 Iny # 40789 Job Testing & Other 2,878.50
Check 6/21/2004 13582 Iny # 41129 Checking X -786.25
Check 6/21/2004 13562 Iny#41129 Job Testing & Other 786.25
Check 7/29/2004 13863 Jny # 41290 Checking X -1,918.00
Check 7/29/2004 13863 Iny # 41290 Job Testing & Other 1,918.00
Check 8/17/2004 13973 Jny # 41540 Checking X -2,877.00
Check 8/17/2004 13973 InY#41540 Job Testing & Other 2,677.00
. Check 8/24/2004 14014 Iny#41541 Checking X -146.7.5
Check 8/2412004 1 14014 Jny # 41541 Job Testing & Other 148.75
Check 9/23/2004 14227 Inv # 41824 Checking X -573.75
Check 9123/2004 . 14227 Inv # 41824 Job Testing & Other 573.75
Check 10/1212004 14369 Inv # 41913 Checking X -1,921.53
Check 1011212004 14369 Inv#41913 Job Testing & Other 1,921.53
Check 11/1512004 14650 Inv#41290, ... Checking X -7,872.00
Check 11/1.512004 14650 Inv#41290, ... Job Testing & Other 7,672.00
Check 12120/2004 14914 Inv # 42418, .,. Checking X -6,864.25
Check 12120/2004 14914 Inv # 42418, Job Testing & Other 6,864.25
Check 1/13/2005 15112 Inv # 42645 Checking X -57.50
Check 1/13/2005 15112 Jnv # 42645 Job Testing & Other 57.50
Check 1/25/2005 15179 Inv # 42644 Checking X -5,336.95
Check 1/25/2005 15179 Inv # 42644 Job Testing & Other 5,336.95
Check 3/1/2005 15413 Inv # 42893 Checking X -4,827.50
Check 3/1/2005 15413 Inv # 42893 Job Testing & Other 4,827.50
Check 312212005 15494 Inv # 43052, ... Checking X -3,956.75
Check 3/2212005 15494 Jny # 43052, ... Job Testing & Other 3,956.75
Check 5116fl005 15835 Jnv# 43577,... Checking X -5,094.62
Check 5/16/2005 15635 Inv# 43577, ... Job Testing & Other 5,094.62
Check .7/19/2005 16292 Inv # 43950 Checking X -402.50
Check 7/19/2005 16292 Inv # 43950 Job Testing & Other 402.50
Check 9/1212005 16721 Inv# 44190 Checking X . -100.00
Check 9/1212005 .16721 Inv# 44190 Job Testing & Other 100.00
Check 9/15/2005 16764 Inv# 44189 . Checking X -7,923.97
Check 9/1512005 16764 Inv# 44189 Job Testing & Other 7,923.97
Check 9/19/2005 16779 Jnv # 44514 Checking X ~308:75
Check 9/19/2005 16779 Iny# 44514 Job Testing & Other 306.75
Check 10/1W2P05 16968 lov# 44513 Checking X -4,975.21
Check 10/16/2005 16968 loy # 44513 Job Testing & Other 4;975.21
Check HI1512005 17197 Inv # 45069 Checking X -453.75
Check 11/15/2005 17197 Inv # 45069 Job Testing & Other 453.75
Check 11i1512005 17198 tnv # 45068 Checking X -2,880.62
Check 11/1512005 17198 Inv # 45068 Job Testing & Other 2,880.62
Check 2/J~qQ6 17900 Jnv # 45392, ... Checking X -3,112.20
Check 2/1012006 17900 Inv # 45392, ... Job Testing & Other 3,112.20
Check 4/25/2006 18500 Inv # 45234, ... Checking X -5,023.15
Chet% . . .. 4~~Q~ 18500 loy # 45234,... Job Testing & Other 5,023.15
Cnea 4l27/2006 18539 loy # 45995 Checking X -380.00
Check 4/27/2006 18539 lov #- 45995 Job Testing & Other 380.00
Check 519/2006 18605 Jny # 46168 Checking X -675.05
(Gheck 519/2006 18605 Iny# 4P168 Job Testing & Other 675.05
,I C.
10:24 AI'JI
/'- '6/06
- j
rual Basis.
( (
American Sock & Dewatering, inc.
Other Name 9uickReport
January 1, 2003 through November 16, '2006
Type
Check
Check
Date
6/2212006
6/22/2006
Num Memo
18976 Inv # 46593
18976 Inv # 46593
Total Zev Cohen & Associates, Inc.
TOTAL
'-;; .fa I 7 eu ' [0 jf'''
Account
Checking
Job Testing & Other
-7 )7
91 /7 -
f .
==--------.
Clr
X
Amount
-7.90
7;90
0.00
0.00
Page 2
(
10:07 AM American Sock & Dewatering, Inc.
11/16/06 .Othert-J.ame QuickReport l
Accrual Basis January 1, 2003 through November 16, 2006 jJ'
Type Date Num Memo Account Clr Amount
City of Edgewater.
Check. 7/18/2005 16282 permit Checking X -1,000.00
Check 7/18/2005 16282 permit Job Testing & Other 1,000.00
Check 9/2/2005 16621 Engineer's PI... Checking X ----95.00
Check 9/2/2005 16621 permit Job Testing & Other -95.00
Check. 10/18/2005 16973 Engineer's Pl... Checking X -3,925.08
Check 10/18/2005 16973 permit Job Testing & Other ..-3--925.08
Check 11/4/2005 17137 Engineer's P\... Checking X -190.00
Check 11/4/2005 17137 permit Job Testing & other ---190.00
Check 12/9/2005 17432 site plan permit Checking X -1,000.00
Check 12/9/2005 17432 permit Job Testing & other .-LQOO.OO
Check 1/9/2006 17615 Engineering ... CheCking X -95.00
Check 1/9/2006 17615 permit Job Testing & Other .--95.00
Check 1/26/2006 17765 Engineering ... Checking X -142.50
Check 1/26/2006 17765 permit Job Testing & Other ,.-J.42.50
Check. 2/21/2006 17958 Engineering ... Checking X -78.00
Check 2/21/2006 17958 permit Job Testing & Other ~8.00
Chetk 2/27/2006 18021 Engineering .., Checking X -4,490.00
Check 2/27/2006 18021 Engineering ... Job Testing & other ~490.00
Check 3/14/2006 18142 Attorney Reyi... Checking X -848.36
Check 3/14/2006 18142 Attorney Reyi... Job Testing & other 848.36
Check 5/18/2006 18725 InY.06-196 Checking X ---=95.00
Check 5/18/2006 18725 Inv.06-196 Permits 95.00
Check 7/10/2006 19073 Jny. 06-224 Checking X -590.00
Check 7/10/2006 19073 (ny. 06-224 Permits 590.00
Check 8/18/2006 19420 (ny. 06-252 Checking X -679.25
Check 8/18/2006 19420 InY.06-252 Permits 67925
Check 8/24/2006 19462 (ny. 06-252 Checking X -87.77
Check 8/24/2006 19462 Inv. 06-252 Permits 87.77
Check 9/1412006 19645 Permit Checking X -75,256.34
Check 9/1412006 19645 Permit Permits 75,256.34
Check 111312006 20033 Permit Checking -10.00
Check 1113/2006 20033 Permit Permits 10.00
Total City of Edgewater. 0.00
TOTAL 0.00
0/1-;0 r' ~e-uftIfrr
P/f//~ rt. (jitlu5::-
o,L./
II <jb7'~
I -
10:12 AM
/ "6/06
iual Basis
( (
A. S. D. Properties Management, LLC
Other Name QuickReport
January 1, 2003 through November 16, 2006
Type Date Nurn Merno Account Clr Amount
Sliger & Associates, Inc.
Check 5/19/2003 1119 Inv # 76506 Checking X -6,190.00
Check 5/1912003 1119 survey New Smyrna - MH ... 6,190.00
Check 5/2212003 1121 Jnv # 76525 Checking X -8,760.00
Check 5/2212003 1121 survey New Smyrna - MH ... 8,760.00
Total Sliger & Associates, Inc. 0.00
TOTAL 0.00
Page 1
( (
10:08 AM American Sock & Dewatering, Inc.
11116106 Vendor QuickReport (
February 1, 2003 through November 16,2006 i'
Type Date Num Memo Account Clr Split Amount
Sliger & Associates, Inc.
Check 6/30/2003 11294 Inv # n062 Checking X Job Testing & ... -1,156.45
Check 8/27/2003 11654 Inv # n580 Checking X Job Testing & ... -11,216.25
Check 9/26/2003 11858 Inv # n952 Checking X Job Testing & ... -31,662.51
Check 10/22/2003 '12018 tnv # 78362 Checking X Job Testing & '" -14,398.20
Check 11/24/2003 12199 Jnv # 78665 Checking X Job Testing & ... -7,247.50
Check 12/9/2003 12303 Inv # 78900, ... Checking X Job Testing & ... -1,000.00
Check 12/16/2003 12346 Inv # 79032 Checking X Job Testing & ... -8,487.05
Check 1/3012004 12641 Inv # 79363 Checking X Job Testing & ... -1,122.05
Check 3/18/2004 12923 Inv# 79363 Checking X Job Testing &... -9,021.31
Check 4/8/2004 13076 Jnv#80145 Checking X Job Testing & ... -927.50
Check 4/22/2004 13164 Inv#80318 Checking X Job Testing & ... -85.00
Check 4/26/2004 13182 Inv # 80379 Checking X Job Testing & ... -396.18
Check 6/1412004 13543 Inv # 80735 Checking X Job Testing & ... -1,469.59
Check 8117/2004 13975 Inv# 81488 Checking X Job Testing & ... -450.00
Check 8/25/2004 14022 Inv# 81733 Checking X Job Testing & ... -400.00
Check 11/2412004 14716 lov # 82700 Checking X Job Testing & ... -1,045.00
Check 1212012004 14915 Inv# 82981 Checking X Job Testing & ... -4,565.00
Check 4/1112005 15590 Inv # 84447 Checking X Job Testing & ... -1,~61.39
Check 4/25/2005 15684 Inv # 84659 Checking X Job Testing & ... -250.00
Check 5/412005 15768 Inv# 84740 Checking X Job Testing & ... -982.70
Check 6/21/2005 16085 Inv# 85491 Checking X Job Testing & ... -1,406.51
Check 11/15/2005 17201 Inv # 87206 Checking X Job Testing & ... -645.00
Check 8/1112006 19352 Inv # 89582 Checking X Job Testing & ... -2,243.?0
Check 813012006 19500 Jov # 89843 Checking X Job Testing & ... -398.41
\ ok J
~L3e r
\ \ (p 8 g'&, t 8'0
-..-.:-."1,......" ....'_:l--~..~ .--
5t1ole'j Cor!?!
10:07 AiYi "--e";c"'- ~...~... & D"'w-"-r=-- 'i1~
"'II' 11 cu. QU'\i1'\ t: cut: .IIY, II \i.
--. '16/06 Other N'aine QuickReport.
rual Basis January 1, 2003 through November 16,2006
Type Date Num Memo Account Clr Amount
Biological Consulting Services, Inc.
Check 7/17/2003 11425 Biological Co... Checking X -500.00
Check 7/17/2003 11425 Biological Co... Job Testing & Other 500.00
Check 8/6/2003 11544 Inv # 200308... Checking X -298.75
Check 8/6/2003 11544 Inv # 200308... Job Testing & Other 298.75
Check 9/12/2003 11778 Jnv # 200309... Checking X -2,838.97
Check 9/1212003 11778 Inv # 200309... Job Testing & Other 2,838.97
Check 10/6/2003 11927 Inv # 200310... Checking X -734.97
Check 10/6/2003 11927 Jnv # 200310... Job Testing & Other 734.97
Check 11/12/2003 12118 Inv # 200311... Checking X -742.75
Check 11/12/2003 12118 Inv # 20031L Job Testing & Other 742.75
Check 1/1212004 12525 Jnv # 20040L Checking X -113.75
Check 1/1212004 12525 Jnv# 20040L Job Testing & Other 113.75
Check 3/18/2004 12921 Inv # 200403... Checking X -650.37
Check 3/1812004 12921 Inv # 200403... Job Testing & Other 650.37
Check 5/10/2004 13322 lriv # 200405... Checking X -914.04
Check 5/10/2004 13322 Inv # 200405... Job Testing & Other 914.04
Check 7/15/2004 13778 Inv# 200407... Checking X -627.24
Check 7/15/2004 13778 Jnv# 200407... Job Testing & Other 627.24
Check 1119/2004 14587 Inv # 20041L Checking X -58.88
Check 11/9/2004 14587 Jnv# 200411... Job Testing & Other 58.88
Check 1/10/2005 15073 Inv # 200501... Checking X -1,507.50
Check 1/10/2005 15073 Inv # 20050L Job Testing & Other 1,507.50
Check 1/10/2005 15074 Inv # 200501... Check!ng X -1,124.83
Check 1/10/2005 15074 Inv ## 20050L Job Testing & Other 1,124.83
Check 3122/2005 15491 Iny # 200503... Checking X -396.22
Check 3122/2005 15491 Iiw # 200503... Job Testing & Other 396.22
Check 4/2512005 15682 Iny # 200504... Checking X -1,30~.19
Ch'eck 4/2512005' 15682 Iny # 200504... Job Testing & Other 1,303.19
Check 7/9/2005 16195 Iny # 200506... Checking X -712.68
Check 7/9/2005 16195 Iny # 20OS06... Job Testing & Other 712.68
Check 7/14/2005 16264 Iny # 200507... Checking X -81.05
Check 7/14/2005 16264 Iny # 200507... Job Testing & Other 81.05
Check 10/1812005 16978 Inv#20OS10... Checking X -930.43
Check 10/1812005 16978 Jny#200510... Job Testing & Other 930.43
Check 1219/2005 17428 Jnv#20OS12... Checking X -930.43
Check 12/912005 17428 Iny # 200512... Job Testing & Other 930.43
Check 2/10/2006 17877 2/1/2006 Stm... Checking X -19.92
Check 2/10/2006 17877 2/1/2006 Stm... Job Testing & Other 19.92
Check 4/27/2006 18546 Permitting Checking X -600.00
Check 4/27/2006 18546 Permitting Permits 600.00
Check 519/2006 18620 Inv # 200605... Checking X -113.75
Check 5/912006 18620 Invl 200605... Permits 113.75
Check 5/1212006 18674 Jnv'lf. 200605... Checking X -1,325.09
Check 5/1212006 18674 Iny # 200605... Permits 1,325.09
Check 8/8/2006 19286 8/1 8tmt Checking X -4.50
Check 8/812006 19286 8/1 8tmt Permits 4.50
Check 111312006 20031 InV# 2006114... Checking -2,209.61
Check 111312006 20031 InV# 2006114... Permits 2,209.61
Total Biological Consulting Services, Inc. 0.00
TOTAL 0.00
--r;ttll 'If,' tJl~ iUJ (tM~(.lk~~ ~ '9) '73 ~9/-
--'~':'
---"'~''''---'''.''~
Page 1
10:34 AM
11/16/06
Accrual Basis
(
Am~rican Sock & Dewatering, inc.
Of her Name QuickReport
January 1, 2003 through November 16, 2006
Type
Date
St Johns Water Management District
Check 7/17/2003
Check 7/17/2003
Check 11/19/2004
Check 11/19/2004
Check 1/2412005
Check 1/2412005
Check 8/512005
Check 8/512005
Check 12/5/2005
Check 12/5/2005
Total Sl Johns Water Management District
TOTAL
5~.
Num
11426
11426
14681
14681
15164
15164
16409
16409
17361
17361
--- J ,
JtlI11/;'>
Memo
application fee
permit
application fee
permit
permit
permit
permits
permit
fJtr ;?7}f5
Clr Amount
X -1,500.00
1,500.00
X -1,500.00
1,500.00
X -1,500.00
1,500.00
X -1,500.00
1,500.00
X -1,000.00
1,000.00
0.00
0.00
Account
Checking
Permits
Checking
Permits
Checking
Permits
Checking
Permits
Checking
Permits
(
'i
II . at)
.-, ...,A/'I .::;;/
. ~ It{.IV'
P~no. <1 .
(
('
~ \.
EXHIBIT "F"
(
(
(
SELF CONTAINED APPRAISAL REPORT
/
of
Oakwood Cove Acreage
Located on the south side of Old Mission Road
just west of Josephine Street
in the City of Edgewater, Florida
prepared for
Mr. Rodney Jones
A.S.D. Properties Management, L.L.C.
P.O. Box 290131
Port Orange, Florida 32129
Date of Value:
September 11, 2006
Date of Inspection:
May 27, 2007 (most recent)
Date of Report:
June 27,2007
Prepared By:
Southern Appraisal Corporation
800 South Nova Road, Suite M
Ormond Beach, Florida 32174
SOUTHERN .APPRAT~AL CORPORATION
AppraIsers - ConSUltants - Realtors@
Charles D. Span9.J"r., MAl
PRESIDEN!
800 S. Nova Road, Suite M
Onnond Beach, Florida 32174
Email: southemappraisal@cfl.rr.com
Phone
FAX
(386) 672-4533
(386) 672-9214
June 27,2007
Mr. Rodney Jones
A.S.D. Properties Management, L.L.C.
P.O. Box 290131
Port Orange, Florida 32129
Re: Appraisal of vacant property identified as Oakwood Cove located on the south side of
Old Mission Road just west of Josephine Street in the City of Edgewater, Volusia
County, Florida.
Dear Mr. Jones:
In. accordance with your request, we have appraised the above referenced property for the
purpose of estimating the retrospective market value of the fee simple interest of the subj ect
property as of September 11, 2006 under various parameters. This appraisal is intended to
comply with the reporting requirements set forth under Standards Rille 2-2(a) of the Uniform
Standards of Professional Appraisal Practice fora Self Contained Appraisal Report. The function
of the appraisal is to assist in internal decisions.
It is our opinion that the retrospective market value of the fee simple interest of the
subject property assuming a site suitable for residential "development, under the assumptions
and limiting conditions of this assignment, as of September 11, 2006, was:
TWO MilLION ONE HUNDRED THOUSAND DOLLARS
($2,100,000)
It is our opinion that the retrospective market value of the fee simple interest of the
subject property assuming a site with no practical development potential, under the
assumptions and limiting conditions of this assignment, as of September 11, 2006, was:
SIXTY-TWO THOUSAND DOLLARS
($62,000)
'" If.. P....rl" "'"U T I"'In"'s
ly.u.. .":~,Vy,..LJ.-J oJ"'" .....
<
Page 2
June 27,2007
'- \
This transmittal letter precedes the Appraisal Report of 61 pages plus addenda! exhibits
further describing the subj ect property and containing the reasonirig and pertinent data leading to
the opinion of value. This letter must remain attached to the report in order for the value opinion
set forth to be considered valid. Your attention is directed to the "Underlying Assumptions and
Limiting Conditions" which are considered usual for this type of assignment and which have
been included at the beginning of the report.
In addition to the underlying assumptions attached, this appraisal report is made under the
following extraordinary assumptions:
,
1. We do not have the required expertise for dete,nnining the presence of or absence of
hazardous substances; defined as all hazardous ot toxic materials, wastes, pollutants or
contaminants (including, but not limited to, asbestos, PCB, UFFI, petroleum products or
other raw materials or chemicals) used in construction, or otherwise present on the
property. We assume no responsibility for the studies or analyses which would be
required to determine the presence or absence of such substances. We do not assume
responsibility for loss as a result of the presence of such substances. The value estimate
presented herein is based on the assumption that the subject property is not-adversely
affeCted by environmental contaminants.
2. ''That the subject property is as described herein. A current boundary and topographical
survey were not provided and would be required to determine the precise size,
dimensional and topographical characteristics of the subject. We reserve the right to
adjust the value indication estimated herem based upon review of a current survey should
such survey indicate a site different than that as presented herein.
3. Under the "assuming development potential" scenario, it is assumed that the subject
could be rezoned to permit development of the subject with residential improvements
including mobile home, town home, or similar improvements, and that no governmental
approval would not unduly be withheld.
4. Under the "no practical development potential" scenario, it is assumed that development
of the subject is not possible due to regulations that essentially prohibit development of
properties located within a flood hazard area.
The marketing period for the subject is estimated at less than twelve months assuming a
competent marketing program, proper exposure and a market supported price; this assumes the
retention of qualified marketing personnel familiar' with the marketing of commercial!
mvestment properties. The exposure time for the subject is estimated at about 180 days.
Mr. Rodney Jones
Page 3
June 27, 2007
We certify that we have the competency and expertise to complete this assignment based
upon our education, experience and familiarity with similar properties.
We trust that this appraisal report is sufficient for your purposes. Ifwe can furnish
additional information, please contact us.
Charle. . Spano, Jr., MAl, SRA
St. Ce . Gen. REA
Certi cate No. RZ1159
, 71--
;;/J1;
/peter A. Gagne
St.Cert.Gen. R.E. Appraiser
Certificate No. RZI041
,/
TABLE OF CONTENTS
P ART I - INTRODUCTION
Summary of Salient Facts
Certification
Assumptions and Limiting Conditions
Subject Photographs
Introduction to Appraisal
Purpose of Appraisal
Function/Intended Use of Appraisal
Property Rights Appraised
Date of Value Estimate
Identification of Property
Scope of Work
Definition of Market Value
Definition of Retrospective Value Opinion
Definition of Exposure Time
Definition of Marketing Time
Tax and Assessment Data
Ownership and Title History
Special Encumbrances
1
4
6
8
11
11
11
11
11
11
12
13
13
14
14
15
15
16
PART IT - FACTUAL DATA
General Area Map
General Area Data
Subject Location Map
Neighborhood Discussion
Apparent Owner
Location of Property
Appraisal Made For
Date Subject Inspected
Persons Who Assisted in the Analysis, Conclusions, and
Opinions Set Forth in this Report
Legal Description
Zoning
Surveys
Description of Property
Proposed Site/Development Plans
17
18
23
24
26
26
26
26
26
26
26
27
31
34
TABLE OF CONTENTS - Page 2
P ART III - ANALYSIS OF DATA & OPINIONS OF THE APPRAlSER
The Appraisal Process
Highest and Best Use Analysis
Sales Comparison Approach
Income Approach
Cost Approach
Reconciliation
35
38
40
58
58
59
ADDENDUM
Legal Description - Northerly Portion
Legal Description - Southerly Portion
Acquiring Deeds
Composite Flood Zone Map
Flood Zone Legend
Flood Zone'Data
Composite Zoning Map
Zoning Ordinance
Census Tract Map
EP A Map
Qualifications of the Appraisers
A
B
C
M
N
o
P
Q
Z
AA
BB
(0
PART I - INTRODUCTION
SUMMARY OF SALIENT FACTS AND IMPORTANT CONCLUSIONS
Date of Value:
Date of Report:
Apparent Owner:
Appraisal Prepared For:
Census Tract:
Location of Property:
Zoninf! & Permitted Uses:
Present Use:
Highest and Best Use:
Site:
Maior Improvements:
Indicated Value by Sales
Comparison Approach:
September 11, 2006
June 27, 2007
A.S.D. Properties Management, L.L.C.
P.O. Box 290131
Port Orange, Florida 32129
Mr. Rodney Jones
A.S.D. Properties Management, L.L.C.
P.O. Box 290131
Port Orange, Florida 32129
829.02 (2000 Census)
South side of Old Mission Road, west of Josephine Street, in the
City of Edge water, Volusia County, Florida
The subject bas been annexed into the City of Edge water, but still
retains V olusia County zoning/future land use designations which
include a combination ofMH-l (Mobile Home Park), MH-5
(Urban Mobile Home), MH-7 (Mobile Home Park), and RC
(Resource Corridor) cl~sifications. The V olusia County Future
Land Use designations are: Low Impact Urban, Urban Medium
Intensity, and Environmental Systems Corridor.
Vacant acreage
Re~idential development with conservation/preservation of wetland
areas
Irregular shaped parcel containing 109.583 acres more or less
None
$2,lOO,OOO-Assuming a site suitable for residential development
$62,OOO-Assuming a site with no practical development potential
Indicated Value by
Cost Approach: N/ A
Indicated Value by
Inc~me Approach: N/A
1
FINAL ESTIMATE OF DEFINED VALUE
/
This certification cannot be separated from the attached appraisal report.
It is our opinion that the retrospective market value of the fee simple interest of the subject
property assuming a site suitable for residential development, under the assumptions and
limiting conditions of this assignment, as of September 11, 2006, was:
TWO MILLION ONE HUNDRED THOUSAND DOLLARS
($2,100,000)
It is our opinion that the retrospective market value of the fee simple interest of the subject
property assuming a site with no practical development potential, under the assumptions and
limiting conditions of this assignment, as of September 11, 2006, was:
SIXTY-TWO THOUSAND DOLLARS
($62,000)
In addition to the underlying assumptions attached, this appraisal report is made under the
following extraordinary assumptions:
1. We do not have. the required expertise for determining the presence of or absence of
hazardous substances, defined as all hazardous or toxic materials, wastes, pollutants or
contaminants (including, but not limited to, asbestos, PCB, UFFI, petroleum products or
other raw materials or chemicals) used in construction, or otherwise present on the
property. We assume no responsibility for the studies or analyses which would be
reqUired to determine the presence or absence of such substances. We do not assume
responsibility for loss as a result of the presence of such substances. The value estimate
presented herein is based on the assumption that the subject property is not adversely
affected by environmental contaminants.
2. That the subject property is as described herein. A current boundary and topographical
survey were not provided and would be required to determine the precise size,
dimensional and topographical characteristics of the subject. We reserve the right to
adjust the value indication estimated herein based upon review of a current survey.should
such survey indicate a site different than that as presented herein. .
3. Under the "assuming development potential" scenario, it is assumed that the subject
could be rezoned to permit development of the subject with residential improvements
including mobile home, town home, or similar improvements, and that no governmental
approval would not unduly be withheld.
2
4. Under the "no practical development potential" scenario, it is assumed that development
of the subject is not possible due to regulations that essentially prohibit development of
properties located within a flood hazard area.
_June 27.2007
(Date Certificate Signed)
Charles D. Spano, JI., MAl, SRA
St.Cert.Gen. REA
Certificate No. RZ1159
_June 27. 2007
(Date Certificate Signed)
#~
~ter A. Gagne
SlCert.Gen. R.E. Appraiser
Certificate No. RZI041
3
i.
CERTIFICATION
i-
I.
'.
We certify that, to the best of our knowledge and belief, the statements of fact contained in this
report, upon which the analyses, opinions and conclusions expressed herein are based, are true
and correct, subject to the assumptions and limiting conditions explained in this report. This
appraisal report sets forth all of the limiting conditions (imposed by the terms of this assignment
or by the undersigned) affecting the analyses, opinions, and conclusions contained in this report
and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions.
Employment in and compensation for making this appraisal are in no way contingent upon the
value estimate reported, and we certify that, unless otherwise noted in this appraisal report, we
have no present or contemplated future interest in the real estate that is the subject of this
appraisal report. We have no personal interest or bias with respect to the subject matter of this
appraisal report or the parties involved. Our compensation was not contingent upon the reporting
of a value estimate or direction in value estimate that favors the cause of the client or any other
party nor is it contingent on the attainment of a stipulated result, or the occurrence o.f a
subsequent event directly related to the intended use of the appraisal.
This appraisal assignment and/or any estimate of value or references thereto was not based on a
requested minimum valuation, a specific valuation, or the approval of a loan or other such en-
cumbrances.
The analysis, opinions, and conclusions are limited only by the assumptions and limiting condi-
tions reported herein, and are our personal and unbiased professional analyses, opinions, and
conclusions; this report has been prepared in conformity with the Uniform Standards of Profes-
sional Appraisal Practice.
This appraisal report, including all analyses, opinions, and conclusions were developed, and this
report has been prepared in conformity with and is subject to the requirements of the Code of
Professional Ethics of the Appraisal Institute and the Uniform Standards of Professional
Appraisal Practice (USP AP. ) We have performed within the context of the competency provision
of the Uniform Standards of Professional Appraisal Practice.
The use of this report is subject to the requirements of the Appraisal Institute relating to review
by duly authorized representatives of the above named organization.
The Appraisal Institute conducts a voluntary program of continuing professional education. By
completing prescribed minimum requirements, designated members of the Appraisal Institute are
awarded periodic educational certificates/recertification. Charles D. Spano, Jr. is presently cer-
tified under the continuing education program. .
We do not authorize the out-of-context quoting from or partial reprinting of this appraisal report.
Further, neither all nor any part of this appraisal report shall be disseminated to the general
public by the use of media for public communication without prior written consent of the
appraiser signing this appraisal report. Any disclosure of the contents of this report is governed
by by-laws and regulations of the Appraisal Institute.
4
The effective date of the value estimate reported in this assignment was: September 11.2006.
The final value estimate for the subject real property, under the assumptions and conditions of
this assignment and as of the valuation date, was: (See Attached).
Unless indicated otherwise in this report, no one other than the undersigned has rendered sig-
nificant professional assistance in the preparation of this report or in the value estimate or other
estimates reported.
We certify that we have the competency and expertise to complete this assignment based upon
our education, experience and familiarity with similar properties.
This Certificate is in accordance with the Code of Professional Ethics of the Appraisal Institute
effective January 1,2003, and the Uniform Standards of Professional Appraisal Practice. It is
not a certification under Florida Real Estate License Law Chapter 475 effective October 1, 1988.
The Florida Real Estate Commission has implemented its criteria for the State Voluntary
Certification Program for real estate appraisers; the signatory(ies) to this report are currently
certified under Florida requirements.
Charles D. Sp 0, Jr., MAl
Stat~-Certifie1 General R.E. Appraiser
. Certificate No. RZl159
did .x. did not
interior_ exteriorX
inspect the property.
/1
~'-
. ./1
P,pfur A. Gagne
State-Certified General R.E. Appraiser
Certificate No. RZ1041
did .x. did not
ASSUMPTIONS AND LIMITING CONDITIONS
.~~,...
This appraisal is intended to comply with the reporting requirements set forth under Standard
Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice for a Self Contained
Appraisal Report.
The various value indications developed in this appraisal report are only indications. They were
developed through the various approaches to value to give weight to those factors which, when
properly analyzed, enable the appraisers to reach a value conclusion. These indications of value
are not to be used in making a summation appraisal by combination of values created by another
appraiser, and such values are invalid if so used. The current purchasing power of the dollar is
the baSis for value reported unless otherwise indicated.
The distribution of the total valuation as between land and improvements applies (if applicable)
only under the existing program of utilization. The separate estimates for land and improvements
must not be used in conjunction with any other appraisal and are invalid if so used.
The soil of the subject appears to be firm and solid unless otherwise noted; subsidence in the area
is unknown or uncommon. The appraisers assume that there are no hidden conditions of the
property,.subsoil, or structures which would render it more or less valuable than otherwise
apparently comparable property. The appraisers assume no responsibility for such conditions or
for engineering which might be required to discover them; we are not qualified structural
engineers and a study by a qualified engineer/architect would be required in order to determine
any structural deficiencies or code non-compliance.
No responsibility is assumed by the appraisers for matters which are legal in nature, nor is any
opinion of title rendered herewith. This appraisal assumes good title, and the legal description
used herein is assumed to be correct.
We have assumed that unless otherwise indicated, the property and any/all improvements thereon
is/are in compliance with all required building and fire codes, etc., in effect as of the date of
valuation; various governmental.and other regulatory agencies continually update and change
building code and similar requirements, and it is recommended that a building or other code
compliance inspection be obtained to point out any items and costs which may be required to
achieve compliance.
Unless otherwise noted in the attached report, we have assumed that the subject property is not
encumbered by a disproportionate amount of environmental jurisdictional land (typically ~
exceeding 25 percent of gross size); an environmental survey is normally required to ascertain
the amount of potentially unusable land or land subject to environmental constraints which
would prohibit conventional development.
Any liens or encumbrances, except those noted in this appraisal report, are disregarded, and the
property has been appraised as though free and clear of such limitations.
Responsible ownership and competent management are assumed in the appr~sal of this property,
where appropriate.
6
The plot plans, site plans, and related sketches included in this report are included merely to
assist the reader in visualizing the property and are not to be construed as being actual surveys.
This data is included for informational purposes only, and should not be relied on in lieu of
surveyor similar data.
Any proposed improvements are assumed to be in a good workmanlike manner in accordance
with the submitted plans and specifications.
Certain data used in compiling this report was furnished from sources considered reliable;
however, no guarantee is made for the correctness of such data, although the data has been
reasonably checked an9- is believed to be correct.
Possession of this report, or any copy thereof, does not carry with it the right of publication, in
whole or in part, without the express consent of the appraiser.
The appraisers herein, by reason of this appraisal, shall not be required to give testimony or
attendarice in court or at any governmental hearing with reference to the property in question,
unless previous arrangements have been made therefore.
Disclosure of the contents of this estimate is governed by Regulations of the Appraisal Institute.
Neither all nor any part of the contents of this report (especially any conclusions as to value, the
identity of the appraiser. or the firm with which he is connected, or any reference to the Appraisal
. Institute, or to the MAl designation) snail be disseminated to the public through advertising
media, public relations media, news media, sales media, or any other public means of
communication without prior written consent and approval ofthe undersigiled.
Unless otherwise stated in this report, the existence of hazardous substances, including without
limitation asbestos, polychlorinated biphenyls, petroleum leakage, or agricultural chemicals,
which mayor may not be present on the property, or other environmental conditions, were not
called to. the attention of nor did the appraiser become aware of such during the appraiser's
inspection. The appraiser has no knowledge of the existence of Such materials on or in the
property unless otherwise stated. The appraiser, however, is not qualified to test or recognize
such substances or conditions. If the presence of such substances, such as asbestos, urea
formaldehyde foam insulation, or other hazardous substances or environmentill conditions, may
affect the value of the property, the value estimated is predicated on the assumption that there is
no such condition on or in the property or in such proximity thereto that it would cause a loss in
value. No responsibility is assumed for any such conditions, nor for any expertise or engineering
lmowledge required to discover them. .
~~
,v'
Peter A. Gagne
State-Certified General R.E. Appraiser
Certificate No. RZI041
Charles D. S . 0, Jr., MAl
State-Certifi d General R.E. Appraiser
Certificate No. RZl159
7
/
View of northeastern portion of subj ect
looking southerly from Old Mission Road
View of central portion of subject looking
southeasterly from Old Mission Road
8
View of central portion of subject looking
southeasterly from Old Mission Road
//
View gf northwestern portion of subject
looking easterly from Old Mission Road
,.
.!............j'
,"" ;.
. ~.,' '.'~ :;-~:.::'," \ - ."'.
. ;'::"<:ii~~'~;!./:k~~+~/ .:.'
.,".' ~.
'.'H:Z~~~~'
J;;i'illl(
,,-'. ;~.
.- .,....~. ..-:.:., '~.'
-, ',':
" ," ".;' -~;'~"
View looking southwesterly along
Old Mission Road
View looking northeasterly along
Old Mission Road
10
INTRODUCTION TO APPRAISAL
This introduction to the appraisal will set forth the basic parameters of this assignment. It will
also provide basic information relevant to the property being appraised.
PURPOSE OF THE APPRAISAL
The purpose of this appraisal is to estimate the retrospective mar~et value of the fee simple
interest of the subject property under various parameters as of the date of value. These
parameters include (l) an assumption that the subject is suitable for residential development, and
(2) that the subject has no practical development potential. This appraisal is intended to comply
with the reporting requirements set forth under Standards Rille 2-2(a) of the Uniform Standards
of Professional Appraisal Practice for a Self Contained Appraisal Report. The objective of this
report is to present certain aspects of the data and reasoning that have been used to reach the
opinions of value. The appraisers are not responsible for unauthoriied use of this report.
FUNCTIONIINTENDED USE OF APPRAISAL
The function/intended use of this appraisal report is to assist in internal decisions.
PROPERTY RIGHTS APPRAISED
The retrospective market value of the fee simple interest of the subject property under various
parameters subject to the assumptions and limiting conditions of this assignment.
DATE OF VALUE ESTIMATE
September 11, 2006
IDENTIFICATION OF THE PROPERTY
The subject consists of an irregular shaped parcel identified as Oakwood Cove. The subj ect.
appears to contain about 109.583 gross acres more or less including 60.393 acres of uplands and
49.19 acres of wetlands. The subject is located on the south side of Old Mission Road just west
of Josephine Street in the City of Edge water, Volusia County, Florida.
n
SCOPE OF WORK
The scope of the appraisal requires compliance with the Uniform Standards of Professional
Appraisal Practice promulgated by the Appraisal Standards Board of the Appraisal Foundation
and the Appraisal Institute. The standards contain rules that must be followed and specific
guidelines that deal with the procedures to be followed in developing an appraisal, analysis, or
opinion. These uniform standards set the requirements to communicate the appraisers' analyses,
opinions, and conclusions in a manner that will be meaningful and not misleading in the
marketplace. The scope of the assignment further requires compliance with the client's
requirements in their letter of engagement, a copy of which is in the addendum of this report.
An appraisal in self contained report format on the subject property has been prepared. The
subject property data such as size, location, quality, and zoning are considered. Applicable
market data from including (but not limited to) land sales, supply and demand, etc. are among the
items researched, analyzed, and presented. The data is used to consider the highest and best use
of the subject property and to conclude an opinion of the market value.
The appraisers lack the knowledge and experience with respect to the detection and measurement
of hazardous substances. Therefore, this assignment does not cover the presence or absence of
such substances as discussed in the Assumptions/Limiting Conditions section. However, any
visual or obviously known hazardous substances affecting the property will be reported and an
indication of its impact on value will be discussed.
The. approaches typically considered in estimating value are the Direct Sales Comparison
Approach, the Income Approach, and the Cost Approach. The Direct Sales Comparison
Approach is the only applicable approach used in estimating the market value of a vacant
property such as the subject. The Cost and Income Approaches are not applicable to properties
that have no income producing improvements and earn no meaningful income. Therefore, the
Cost and Income Approaches were not processed.
The documentation necessary to arrive at the value is considered in this appraisal report. Market
data has been collected, confirmed, and analyzed. Comparable properties were chosen for their
similar highest and best uses as outlined within the report. All sales and other pertinent data were
analyzed and compared to the subj ect property based on their similarities and dissimilarities. The
applicable approaches were considered and reconciled in rea~hing a final estimate 6fvalue.
The appraisers have previously certified (Letter of Transmittal and Certification page) that they
have complied with the Competency Provision of the Uniform Standards of Professional
Appraisal Practice. Competency applies to a variety of factors including familiarity with the
specific property type, the market, the geographic area, and the analytical methods employed.
12
DEFINITION OF MARKET VALUE
1. Market value is defined in the Uniform Standards of Professional Appraisal Practice
(USP AP) as follows:
A type of value, stated as an opinion, that presumes the transfer of a property
(i.e., a right of ownership or a bundle of such rights), as of a certain date, under
specific conditions set forth in the definition of the term identified by the
appraiser as applicable in an appraisal. (USP AP, 2002 ed.)
2. The following definition of market value is used by agencies that regulate federally
insured financial institutions in the United States:
The most probable price which a property should bring in a competitive and open
market under all conditions requisite to a fair sale, the buyer and seller each
acting prudently and knowledgeably, and assuming the price is not affected by
undue stimulus. Implicit in this definition is the consummation of a sale as of a
specified date and the passing of title from seller to buyer under conditions
whereby:
o Buyer and seller are typically motivated;
o Both parties are well informed or well advised, and acting in what they consider their
best interests;
o A reasonable time is allowed for exposure in the open market;
. 0 Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements
comparable thereto; and
o The price represents the normal consideration for the property sold unaffected by
special or creative financing or sales concessions granted by anyone associated with
the sale.
(12 C.F.R. Part 34.42(g); 55 Federal Register 34696, August 24, 1990, as amended at 57 Federal Register 12202,
April9, 1992; 59 Federal Register 29499, June 7,1994)
DEFINITION OF RETROSPECTIVE VALUE OPINION
An opinion of value that is likely to have applied as of a specified historic date. A retrospective
value opinion is most frequently sought in connection with appraisals for estate tax,
condemnation, inheritance tax, and similar purPoses.
Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, 4th ed., s.v. "retrospective value
opinion. 11 (Chicago: Appraisal Institute, 2002).
13
DEFINITION OF EXPOSURE TIME
The Dictionary of Real Estate Appraisal, 4th Edition, defines Exposure Time as:
1. The time a property remains on the market.
2. The estimated length of time the property interest being appraised would have been
offered on the market prior to the hypothetical consummation of a sale at market value on
the effective date of the appraisal; a retrospective estimate based on an analysis of past
events assuming a competitive and open market. Exposure time is always presumed to
occur prior to the effective date of the appraisal. The overall concept of reasonable
exposure encompasses not only adequate, sufficient and reasonable time but also
adequate, sufficient and reasonable effort. Exposure time is different for various types of
real estate and value ranges and under various market conditions. (Appraisal Standards
Board of The Appraisal Foundation, Statement on Appraisal Standards No.6,
"Reasonable Exposure Time in Real Property and Personal Property Mai-ket Value
Opinions")
Market value estimates imply that an adequate marketing effort and reasonable time for exposure
occurred prior to the effective date of the appraisal. In the case of disposition value, the time
frame allowed for marketing the property rights is somewhat limited, but the marketing effort is
orderly and adequate. With liquidation value, the time frame for marketing the property rights is
so severely limited that an adequate marketing program cannot be implemented. (The Report of
the Appraisal Institute Special Task Force on Value Definitions qualifies exposure time in terms
of the three above-mentioned values.)
DEFINITION OF MARKETING TIME
The Dictionary of Real Estate Appraisal, 4th Edition, defines Marketing Time as:
1. The time it takes an interest in real property to sell on the market subsequent to the date
of an appraisal.
2. Reasonable marketing time is an estimate of the amount of time it might take to sell an
interest in real property at its estimated market value during the period immediately after
the effective date of the appraisal; the anticipated time required to expose the property to
a pool of prospective purchasers and to allow appropriate time for negotiation, the
exercise of due diligence, and the consummation of a sale at a price supportable by'
concurrent market conditions. Marketing time differs from exposure time, which is
always presumed to precede the effective date of the appraisal. (Advisory Opinion 7 of
the Appraisal Standards Board of The Appraisal Foundation and Statement on Appraisal
Standards No.6, "Reasonable Exposure Time in Real Property and Personal Property
Market Value Opinions" address the determination of reasonable exposure and marketing
.time.) See also exposure time.
Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, 4th ed., s. v. "exposure time" and
"marketing time. 11 (Chicago: Appraisal Institute, 2002).
14
Tax Parcel Number
7344-06-05-0020
7344-06-06-0010
7344-06-06-0032
7344-09-00-0010
7344-09-00-0790
2006 TAX AND ASSESSMENT DATA
Land
$17,182
$303,334
$171,975
$278,528
$18,205
2006 Millage Rate - 21.52880
Imp.
$0
$0
$0
$0
$0
Just! Assessed Exemption
$16,182 $0
$303,334 $0
$171,975 $0
$278,528 $0
$18,205 $0
Total
OWNERSHIP AND TITLE mSTORY
Taxable
$16,182
$303,334
$171,975
$278,528
$18,205
$788,224
Taxes
$348
$6,530
$3,702
$5,996
$ 392
$16,968
An Abstract was not furnished. Ownership and title information for the subject is based on
review of tax rolVproperty appraiser data. Review of available data indicates the following
transactions 'affecting'the subject: A Warranty Deed dated June 9, 2003 and recorded June 24,
2003 in OR Book 5100 at pages 2191-2193 of the public records of Vol usia County, Florida
transferred a portion of the northerly part of the subject from Rae Ann Mulligan (Grantor) to
A.S.D. Properties Management, L.L.C. (Grantee) for an indicated consideration of$400,000. A
Tax Deed dated December 2,2003 and recorded December 2,2003 in OR Book 5216 at pages
1314-1315 of the public records of Vol usia County, Florida transferred another portion of the
northerly p~ of the subjeCt to A.S.D. Properties Management, LLC, Rodney Jones, for an
indicated consideration of$8,000. A Warranty Deed dated May 17, 2004 and recorded May 24,
2004 in OR Book 5324 at pages 4706-4707 of the public records of Vol usia County, Florida
transferred the southerly portion of the subject from Richard L. Spangler, Sally E. MacKay,
Robert B. Spangler, and Christa K. Twomey (Grantors) to John A. Adams (Grantee) for an
indicated consideration of$100,000. A Warranty Deed dated January 3, 2003 and recorded
January 6,2005 in OR Book 5470 at pages 551-553 of the publicreoords of Vol usia County,
Florida transferred the same southerly portion of the subject from John A. Adams (Grantor) to
A.S.D. Properties Management, L.L.C. (Grantee) for an indicated consideration of $200,000.
Review of available data indicates no other transactions affecting the subject property over the
past three years. There are no known listings, offers for sale, or pending purchase contracts
affecting the subject property. The subject is currently owned by A.S.D. Properties Management,
L.L.C.
15
/
SPECIAL ENCUMBRANCES
Information furnished indicates that a portion of the subject is located within a special flood
hazard area identified by the Federal Emergency Management Agency and that a portion of the
subject is considered wetlands by the St. Johns River Water Management District.
The survey of the northerly 99.583 acre portion of the subject references a deed recorded in
Official Records Book 2476 at page 1012 that has reference to an easement for road purposes
over a portion of the subject but does not specify any size oflocation for such easement nor does
it specify any recorded document information pertaining to such easement; therefore, it is not
graphically depicted on the survey.
The survey for the southerly 10.00 acre portion of the subject depicts two 25' easements for
ingress and egress which bisect the parcel; these easements are located within a 60'road.
easement per Official Records Book 1766, page 686 and ~elease.d per Official Records Book
4085, page 4142. A 30 foot easement for ingress/egress and utilities per Official Records Book
4916, page 1610 and a 30' easement for ingress/egress and utilities per description and Official
Records Book 5324, page 4700 are located along the northerly property boundary. The central
portion of this parcel also appears to be bisected by a platted F.E.eR.R. Old Okeechobee Branch
right-of-way which the survey indicates is now abandoned with legal status unknown. The
southeastern portion of this parcel appears to be bisected by the Old Turnbull Hammock Canal.
No other special encroachments, eas~ments, or similar encumbrances other than normal utility
and related easements were noted based on review of available data. This data is considered
reasonably correct for the purposes of this report but cannot be guaranteed. A unified boundary
and topographic survey of the entire subject property was not furnished and would be required to
ascertain the existence of easements, encroachments, etc. and is recommended.
16
PART II - FACTUAL DATA
GENERAL AREA MAP
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ypress
17
GENERAL AREA DATA
V olusia County is a large geographical area on the east coast of Florida. The county contains a
total area of approximately 1, n 3 square miles. The Greater Daytona Beach Area in the eastern
portion of the county is the largest population center. DeLand, which is the seat of county
government, is on the west side of the county. The other major population centers are the New
Smyrna Beach-Edgewater area in the southeast portion of the county, and the City ofDeltona in
the southwest part of the county.
The Greater Daytona Beach Area is one of the principal metropolitan areas on the central east
coast of Florida, and includes the eastern portion of Vol usia County. General boundaries can be
defined as Flagler County on the north, the Atlantic Ocean on the east, New Smyrna Beach on
the south, and the undeveloped area along Rima Ridge to the west This area is 60 miles
northeast of Orlando and 260 miles north of Miami. The north-south distance of the Greater
Daytona Beach Area measures approxiinately 25 miles; the east-west distance is approximately
five miles. The area is comprised of seven incorporated cities: Daytona Beach, Ormond Beach,
Port Orange, Holly Hill, South Daytona, Daytona Beach Shores, and Ponce Inlet. There are also
several unincorporated areas including Wilbur-by-the-Sea, Ormond-by-the-Sea, etc.
According to the Florida Statistical Abstract 2006, Fortieth Edition, published by the University
of Florida's Bureau of Econonllc and Business Research, Warrington College of Business,
Volusia County had a 2000 census popula-1ion of 443,343 persons, a 19.6% increase from the
1990 cellsUS population of370,737 persons; the estimated 2005 population was 494,649 persons,
an 11.57 percent increase over 2000 levels. The City of Oak Hill is the smallest city in V olusia
County with a 2000 census population ofl,378 persons, an increase of50.3% over 1990. The
City of Del ton a is the largest city in Volusia County with a 2000 census population of 69,543
persons; this city was not included in the 1990 census as it had not yet been incorporated; the
2004 estimate was 80,052, a 15.11 percent increase over 2000. The largest segment of the
population still lives in unincorporated portions of the county with an estimated 114,961 persons
livirig outside incorporated city boundaries in 2005, a 7.56 percent increase over the 2000 census
of 106,880 persons.
In addition to its location on the Florida East Coast with over 25 miles of white, sandy beaches,
the area is only minutes away from various Florida tourist attractions including Walt Disney
World, the John F. Kennedy Space Center, Sea World, Silver Springs, Cypress Gardens, historic
St. Augustine, etc. All of these areas are within 100 miles of the Greater Daytona Beach Area,
with excellent access by either the interstate highway or state roadway system. The Dayton~
International Speedway and Daytona USA, a new interactive theme attraction, are located on US-
92 and draw visitors from central Florida and around the world.
Topography of the area is goo~ with a maximum elevation of approximately 35 feet above mean
sea level. The Halifax River (Intracoastal WateiWay) divides the Greater Daytona Beach Area
into mainland and peninsula (beachside) portions. The peninsula is approximately 25 miles in
length from Ponce Inlet on the south to Flagler Beach on the north. The ocean frontage can be
driven on (by vehicles) through most of its length.
18
The Greater Daytona Beach Area is world famous as a vacation resort area, and there are more
than 24,000 motel rooms in the area. The spring and summer seasons account for the majority of
the motel income. The spring season is influenced by race activities at Daytona International
Speedway. Bike week has gained notoriety in recent years and is a major tourist draw during
March. There is typically an influx of college students for Spring Break during the months of
March and April. Winter tourism has been steadily increasing for the past several years.
The City of Daytona Beach is approximately at the center of the Greater Daytona Beach Area,
with the Cities of Holly Hill and Ormond Beach to the north. The Cities of South Daytona, Port
Orange, and Daytona Beach Shores are to the south. Daytona Beach is the largest of the cities
comprising the Greater Daytona Beach Area.
The City of Daytona Beach was founded by Mathias Day in April, 1870. One of the major factors
contributing to the population growth of the Greater Daytona Beach Area as a whole is its mild
climate. The area is the demarcation line of the subtropics, and the climate is extremely mild and
conducive for year-round living without the extreme seasonal changes experienced in more
northern portions of the state. Data compiled by the N ational Weather Station office in Daytona
Beach for 2000 indicated an overall temperature range from an average low of approximately
46.50 to an average high of approximately 90.50. June, July and August are typically the hottest
months, with January, February and December being the coldest. There were 65 days in which
temperatures in excess of 900 were reCorded. Over this same time frame, there were 4 days with
an in.dicated recording of320 or less.
The rainfall for the Greater Daytona Beach Area totaled 40.3 inches fo~ 2000, with the heaviest
rains occurring during the month of September. Soil types range from various sands (Immokalee
and others) in the eastern portion near the ocean, to sandy loam types further inland. Elevations
vary slightly throughout the area, with the barrier-type island making up the Ormond Beach-
Daytona Beach peninsula having rapid elevation changes due to the effects of dune build-up and
erosion along the Atlantic Ocean beach.
The Greater Daytona Beach Area is generally level with soil suitable for development and
requiring no special on-site engineering, footings, or foundations. Septic tanks are generally
permitted in those areas not serviced by municipal waste disposal systems. Soils in the area are
of suitable composition for development of large multi-story structures including condominiums,
motels, office buildings, etc. A wide variety of building types can be seen throughout the Greater
Daytona Beach Area.
Transportation: The Greater Daytona Beach Area is served by all major forms of
transportation, including an excellent state and federal highway system. The major north-south
roadways include Interstate 95, Williamson Boulevard, US Highway I, Nova Road (SR-5A), and
State Road AlA. The major east-west roadways are Interstate 4, International Speedway
Boulevard (US-92), Dunlawton Ayenue (SR-42I), Beville Road (SR-400), and Granada
Boulevard (SR-40).
Interstate 95 runs through the western portion of the Greater Daytona Beach Area. There has
recently been increasing activity west ofI-95, and it is reasonable to assume that development
wilrcbntinue to expand west of the interstate. Construction of Interstate 95 has relieved traffic
congestion from other north-south roadways incl1}ding US-I.
19
For many years, US-l was the primary north-south tourist artery. It was heavily developed with a
variety oftourist oriented' businesses. The construction of the interstate highway system took
most of the transient traffic away from US-I, and the roadway became more local in nature. US-
1 is still a major traffic artery throughout the Greater Daytona Beach Area and is heavily
developed with a variety of commercial improvements.
Williamson Boulevard forms the western beltway around the Greater Daytona Beach Area. This
roadway runs from SR-40 in Ormond Beach southerly along a route just east of 1-95 into Port
Orange where it crosses 1-95 to its' present terminus at Taylor Road in Port Orange. This
roadway will eventually be extended southerly to SR-44 in New Smyrna Beach and is intended
to relieve local congestion from 1-95.
Nova Road (SR-5A) is west of US-I and was originally constructed as a truck route around the
Greater Daytona Beach Area. Interstate 95 now handles the majority of truck traffic, and Nova
Road has become a major local traffic artery. Nova Road is improved with a variety of
development including commercial, industrial, and residential improvements. It varies from four-
to six-lanes in width throughout the Greater Daytona Beach Area.
State Road AlA (Atlantic Avenue/Ocean Shore Boulevard) has been used for many years as a
scenic route along the Florida East Coast. This road parallels, and i.s adjacent to, the Atlantic
Oceanlbeach area. R-AIA is of prime importance to the local tourist industry, and is heavily
developed with a variety of tourist oriented improvements. Condominiums, hotels, and motels
are typically along the oceanfront, with various service industries including restaurants, shopping
centers, offices, etc., along the west side of the roadway. SR-AIA is four-lanes in width through
most of the Greater Daytona Beach Area between Dunlawton Avenue (SR-421) on the south and
Granada Avenue (SR -40) on the north.
Beville Road (SR-400) is a direct extension of Interstate 4 at its intersection with 1-95. This four-
lane roadway connects US-Ion the east with the Williamson BoulevardJInterstate 4 area on the
west. Beville Road carries a fairly heavy traffic volume and has seen increasing development in
recent years. Most of the new development is commercial in nature, with residential development
located away from the actual road frontage.
Dunlawton Avenue (SR-421) connects the beach area with Interstate 95 via the Port Orange
Causeway. Dunlawton Avenue provides a direct link between 1-95 and the southern portion of
the Greater Daytona Beach Area. Dunlawton Avenue joins with Taylor Road near its'
intersection with 1-95 and continues as SR-421 westerly to Tomoka Farms Road (SR-415).
US-92 (International Speedway Boulevard) is the main east-west traffic artery in the Greater
Daytona Beach Area. It is four- to six-lanes (plus turn lanes) in width through the developed
portions of the Greater Daytona Beach Area and connects the peninsula beach area with the
downtown business district and the interstate highway system. -nS-92 provides direct access to
several major shopping malls, the Daytona Beach Intemation~ Airport, the Daytona
International Speedway, Daytona USA, etc. US-92 also provides direct access to the county seat
in DeLand, Florida, west of the Greater Daytona Beach Area. Several schools are located along
US-92 including Daytona Beach Community Col1~ge, Embry-Riddle Aeronautical University,
Mainland Senior High School, etc.
20
State Road 40 (Granada Boulevard) connects the oceanlbeach area with Interstate 95 via the
Granada Avenue bridge. SR-40 travels west of the Greater Daytona Beach Area to other points
west across the state including Silver Springs, Ocala, etc. SR-40 has become a roadway of major
importance in the Ormond Beach area, and development is progressing at a steady pace.
In addition to the major roadways, the Greater Daytona Beach Area is served with numerous
local streets handling intercity access. The area has a good road system that adequately handles
traffic including rush hour periods. Public transportation is furnished by the VoTran system, a
county/state financed program providing access through most portions of the Greater Daytona
Beach Area and including some outlying areas. VoTran has a varying schedule dependent on the
season and needs. Air transportation is available at the Daytona Beach International Airport
south ofUS-92 in the western portion of the City of Daytona Beach. The major airlines have
regularly scheduled daily flights. Charter service is available from several vendors at the airport
facilities. Rail transportation within the area is restricted to the Amtrak system in DeLand. The
Florida East Coast Railway traverses the Greater Daytona Beach Area, but no longer provides
passenger service. Nationwide passenger/freight bus service is provided by Greyhound which has
a terminal in the downtown area. A municipal yacht basin in downtown Daytona Beach (owned
by the City of Daytona Beach) offers harbor facilities including dockage, service, etc.
Education: The Greater Daytona Beach Area has an adequate number of public schools at all
levels (elementary, junior, and senior high schools). These schools are conveniently located
throughout the area Many older school buildings have been recently upgraded, renovated, or
replaced. New facilities have b~en added where needed. In addition to the public facilities, there
are several parochial and private schools throughout the area College level educational facilities
include Bethune Cookman College, Embry-Riddle Aeronautical University, and Daytona Beach
Community College. Daytona Beach Community College has satellite campuses in other areas
including DeLand, New Smyrna Beach, and Palm Coast The University of Central Florida
operates a resident center in the area and Stetson University is in DeLand, 20 miles to the west.
. Hospital and Medical Services:' The availability of health care facilities is excellent in the
Greater Daytona Beach Area. There are a number of modem hospitals scattered throughout the
Greater Daytona Beach Area. Major hospital facilities are located on ""'Sterthaus Avenue in
Ormond Beach, along Clyde Morris Boulevard in Daytona Beach, and in New Smyrna Beach
and DeLand. Additional medical facilities are planned for developing areas. In addition to the
hospital facilities, there are numerous nursing homes and convalescent centers, along with :
several private health care facilities. Ambulance service is available throughout the Greater
Daytona Beach Area, and ambulance stations are located strategically around the area.
Religion: There are numerous churches and houses of worship of various denominations within
the Greater Daytona Beach Area. Several of the churches offer ancillary programs such as
nursery schools, kindergarten, child care, etc.
Recreational and Cultural Facilities:, The County of V olusia and the Greater Daytona Beach
Area have a diversified recreation program. Each of the cities making up the Greater Daytona
Beach Area has its own city-sponsored recreational program and facilities. In most cases, these
programs and facilities are open to all area residents.
21
"'
J
"\
The various cities, as well as the county, have library and museum facilities as well as parks,
playgrounds, social halls, community meeting halls, etc. The Greater Daytona Beach Area, being
a resort community, relies heavily on its excellent recreational facilities in order to continue
attracting the tourists who are responsible for the bulk of the area economy. The various city
governments work closely With the V olusia County School Board to create various special
programs for both children and adults. One of the area's greatest attractions is its 25 miles of
white sandy beaches, some of which are open to passenger vehicles; various areas of the beach
have been closed to vehicular access, but are still open for pedestrian use. A civic center (Ocean
Center) is located on the peninsula between Main Street and Seabreeze Boulevard in Daytona
Beach.
Numerous public and private golf courses are located within the Greater Daytona Beach Area.
Most of these golf courses have a variety of residential development surrounding them. Some of
the areas' newer courses are located within the LPGA development which is west ofI-95,
southeast of LPGA Boulevard (formerly 11th Street) and north ofUS-n. This area is also the
world headquarters of the Ladies Professional Golf Association.
Economy: The Greater Daytona Beach Area appears to be prosperous and economically sound.
The high growth rate is expected to continue for the foreseeable future and the demand thus
created will protect real estate values in established areas and will provide the basis for continued
expansion in new areas.
The real estate tax structure in V olusia County also appears to be sound. The property appraiser's
office conducts an ongoing reassessment of the county tax roll. The assessments are utilized by.
the incorporated communities and various special districts for their tax purposes. V olusia County
and the various incorporated areas also have various planning, zoning, and similar regulatory
boards. These agencies work closely to coordinate efforts in this field. The V olusia Council of
. Governments provides technical assistance to the communities when requested.
Conclusion: It appears that the Greater Daytona Beach Area will remain prosperous and
economically sound for the foreseeable future. It appears reasonable to assume that the area will
continue to grow at a steady pace: It appears that the real estate market in the Greater Daytona
Beach Area as a whole will be stable, especially in the well established areas within the
metropolitan environment.
22
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)
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SUBJECT LOCATION MAP
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23
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NEIGHBORHOOD DISCUSSION
The subject neighborhood can be described as the area lying south of Canal Street (SR~44), west
of Ridgewood Avenue (US-I), north of Indian River Boulevard (SR-442), and east ofI-95. This
neighborhood is comprised of a portion of the Cities of New Smyrna Beach and Edgewater and
includes unincorporated portions of Vol usia County.
Access to the neighborhood is good from Canal Street, Ridgewood A venue, Park Avenue, Indian
River Boulevard, Old Mission Road, etc. Canal Street and Indian River Boulevard have
interchanges with Interstate 95 in the northwest and southwest portions of the neighborhood. SR-
44 continues northwesterly to an interchange with Interstate 4 and also extends into the City of
DeLand. SR-A1A branches off from SR-44 in the northerly portion of the neighborhood and
provides direct access to the Intracoastal Waterway ~d the Atlantic Ocean Beach. US-1 extends
northerly into the Greater Daytona Beach Area and southerly into Brevard County.
New Smyrna Beach is a relatively quiet resort town which relies heavily upon vacation traffic
from the Greater Orlando Area. The peninsula area of the city is heavily developed with town
homes, condominiums, time share resorts, and motels as well as single family residences and
support commercial facilities. The mainland area of the city contains a variety of single and
multi-family residential development, industrial development, and commercial development
which is concentrated primarily along or in close vicinity to US-1 and SR-44.
The general New Smyrna Beach area has experienced moderate growth in population over the
past decade from 13,557 persons in 1980 to 16,549 persons in 1990, increasing to an estimated
18,503 persons in 1998, and this trend is expected to continue. With this growth, there has been a
demand for construction of single- family homes, mobile home parks, ranchettes, etc. In addition
to the aforementioned vacation home market, many purchasers are retiring from out-of-state,
while some are families from the local area who work in Port Orange, South Daytona, and
Daytona Beach. The area is generally comprised of middle- and upper-middle income residents.
The City of Edge water is a relatively quiet town comprised predominately of residential
properties. Although there is some industry, predominantly along US-1 and the Florida East
Coast Railroad right-of-way, most residents are retirees or commute to work in the Greater
Daytona Beach, Orlando or Titusville areas.
The area immediately surrounding the subject contains primarily residential and institutional uses
including single-family standard and manufactured homes, apartments, campgrounds and
schools. The westerly portion of the neighborhood contains rural residential and older
agricultural uses. There is a variety of new residential development in the area. The Parktowne
Industrial Center is located southerly of lOth Street along with a Florida Inland Navigational
District (FIND) containment site. Florida East Coast Railroad tracks bisect the neighborhood
west ofUS-1 with some industrial development in this area. Commercial development is the area
is prevalent along the major roadways such as US-I, SR-44, SR-442, etc.
Schools, shopping, and medical facilities are within or in relative close proximity to the subject.
Fish Memorial Hospital is located east of US-l and south of SR-44. The New Smyrna Beach
High School, New Smyrna Beach Middle School and the Daytona Beach Community College
South Campus are located along 10th Street within the subject neighborhood just east of the
24
._-......
)
-)
subj ect. A muniqipal airport is l()cated along US-I. north of the neighborhpod ap.d a private.
airpark is located within the neighborhood. Access to the Atlantic Ocean Beaches is good from
the subject neighborhood further to the east. Fire and police protection are afforded by the Cities
ofN ew Smyrna Beach and Edgewater or by V olusia County.
The outlook for the neighborhood overall is good. This area of Vol usia County has remained
relatively stable with increasing development occurring in recent years;. this trend is expected to
continue. The demand for additional well located development sites with good access to the
interstate highway system and to a stable employment center is expected to continue to increase.
25
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.)
.J
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/
APPARENT OWNER
A.S.D~ Properties Management, L.L.C.
P.O. Box 290131 .
Port Orange, Florida 32129
LOCATION OF PROPERTY.
South side of Old Mission Road just west of
Josephine Street in the City of Edgewater, Volusia
County, Florida .
APPRAISAL MADE FOR
Mr. Rodney Jones
A.S.D. Properties Management, L.L.C.
P.O. Box 290131
Port Orange, Florida 32129
DATE SUBJECT INSPECTED
May 25,2007 (most recent)
PERSONS WHO ASSISTED IN
THE ANALYSES, CONCLUSIONS,
AND OPINIONS SET FORTH
IN TIDS REPORT
None except signees
LEGAL DESCRIPTION
Lengthy metes and bounds descriptions; the
complete legal descriptions for the subject,
according to the two surveys furnished and
referenced herein, are included in the addendum.
ZONING
The subject has been annexed into the City of
Edgewater, but still retains V olusia County
zoning/future land use designations which include a
combination ofMH-1 (Mobile Home Park), MH-5
(Urban Mobile Home), :M.H-7 (Mobile Home Park),
and RC (Resource Corridor) classifications. The
Volusia County Future Land Use designations are:
Low Impact Urban, Urban Medium Intensity, and
Environmental Systems Corridor.
26
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SURVEY - NORTHERLY PORTION
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~SIJGER k ASSOCIATES, INC.
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TOPOClUPIflC SUllfEY
OF THE MULLICAN PIlOPERTY
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EDCElfATER, FLORIDA
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DESCRIPTION OF THE PROPERTY
The subject consists of vacant wooded acreage located on the east side of Old Mission Road,
south of Josephine Street and north of Rota Street in the City of Edgewater, Volusia County,
Florida. The subject consists of an assemblage of five separate parcels; these five parcels are
currently assessed separately for ad valorem tax purposes. Based upon review of available data,
the subject appears to contain a total of109.583 acres more or less.
A Topographic Survey ofthe northerly 99.583 acres of the subject dated September 2,2003 was
prepared by Sliger & Associates, Inc. of Port Orange, Florida. A Boundary Survey of the
southerly 10.00 acres of the subject dated October 31,2005 (and updated September 15, 2006)
was prepared by Daniel W. Cory Surveyor, Inc., of New Smyrna Beach, Florida. Reductions/
reproductions of these surveys precede this discussion. The information obtained from these two
S1J!Veys is considered reasonably correct for the purposes of this report, but cannot be guaranteed;
a current unified boundary and topographic survey is recommended to determine the precise size,
dimensional characteristics and preserice of any encumbrances or easements not readily apparent.
The survey of the northerly portion of the ownership depicts an irregular shaped site containing
99.583 acres with 1,980.31 feet of frontage on the east side of Old Mission Road. There is an
irregular shaped exception parcel containing 0.36 acre located southerly of Old Mission Road.
The northerly portion of the ownership contains four wetland areas containing a total of 47.69
acres; the remainder of the site containing 51.893 acres appear to consist of uplands. According
to the survey, the wetland lines have been reviewed and approved by the S1. Johns River Water
Management District on September 29, 2003 and October 8, 2003. These uplands are isolated,
and access will likely necessitate some impact to the wetland areas. The survey does not indicate
any easements or other encumbrances affecting this portion of the subject ownership. However,
the survey references a deed recorded in Official Records Book 2476 at page 1012 that has
reference to an easement for road purposes over a portion of the subject but does not specify any
size oflocation for such easement nor does it specify any recorded document information
pertaining to such easement; therefore, it is not graphically depicted on the survey.
The survey of the northerly portion of the ownership also indicates that this portion of the
ownership contains conservation easements encumbering approximately 60.65 acres more or
less. These conservation easements appear to contain the wetland areas with a buffer surrounding
each wetland area. The area unencumbered by conservation easements appears to be about
38.933 acres.
The survey of the southerly portion of the ownership depicts a rectangular shaped site containing
10.00 acres. The survey indicates that wetlands on this portion of the ownership were flagged by
Biological Consulting Services, Inc. However, no calculations were provided. Based upon our
visual observation of the survey, this portion ofthe ownership appears to contain about 1.5 acres
of wetlands more or less and, conversely, about 8.5 acres of uplands. However, a current survey
is recommended. One of the three wetland areas appears to contain a pond, and a drainage ditch
is located southerly of the property. Access to this site is via two 25- foot easements for ingress
and egress which extend from the center of the westerly property boundary to Old Mission Road.
A 30 foot easement for ingress/egress and utilities provides additional access from the northwest
31
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comer of the site to Old Mission Road. These ea.sements appear to. extend easterly across the
subject parcel and contain a 10 foot shell road. The central portion of this parcel also appears to
be bisected by a platted F.E.C.R.R. Old Okeechobee Branch right-of-way which the survey
indicates is now abandoned with legal status unknown. The southeastern portion of this parcel
appears to be bisected by the Old TUrnbull Hammock Canal. The site contains a variety of
vegetation including Oak, Sweet Gum and Maple trees in addition to palmetto scrub underbrush.
Access to the subject is via the above described frontage (and access easements leading to) Old
Mission Road. Old Mission Road is a two lane asphalt paved roadway with an indicated 50 foot
right-of-way in the vicinity of the subject. The road appears to have been originally platted as
Turnbull Hammock Road. There is an open drainage ditch along the east side of Old Mission
Road with a culvert providing access to the central portion of the ownership. There are no curbs,
gutters or sidewalks in the vicinity of the subject along Old Mission Road.
The topography of the subject appears to be generally at or below grade with surrounding
properties and roadways and includes identified wetland areas. As indicated, the subject appears
to contain a total of about 49.19 acres of wetlands With about 60.393 acres of uplands. The
subject appears to lie predominately within a shaded portion of Flood Zone A with some areas
located within an unshaded portion of Flood Zone X according to the Flood Insurance Rate Map
for Volusia County, Florida, Community Panel Numbers 12127C0685G, 12127C0700G, and
12127C0540G revised Apri115, Z002. The shaded portion of Flood Zone A is a special flood
hazard area inundated by 100-year flood. No base flood elevations are determined. The unshaded
portion of Flood Zone X is an area determined to be outside of the 500 year floodplain. A
composite of the three applicable portions of the three Flood Zone Maps is attached.
Utilities ~ently available to the property include electricity and telephone service. MUIiicipal
water and sanitary sewer service will be provided by the City of Edge water; however, there are
currently no available water or sewer lines in the immediate vicinity of the subject, Existing
water and sewer lines would have to be extended from Massey Road at Gateway Drive, or
agreements reached with adjacent property owners.
The subject property has recently been annexed into the City of Edgewater. However, the zoning
has not yet been changed from the Volusia County designations which currently include a
combination ofMH-l (Mobile Home Park), MH-5 (Urban Mobile Home), JvlH-7 (Mobile Home
Park) and RC )Resource Corridor). The MH -1, MH -5 and MH -7 zoning classifications permit a
combination of mobile home parks and mobile home subdivisions. The RC zoning designation is
intended to provide protected, natural corridors consisting of environmentally sensitive and
ecologically significant lands which connect to other protected areas such as parks and wat~r
bodies. The Volusia County Future Land Use Designations include a combination of Low Impact
Urban, Environmental Systems Corridor, and Urban Medium Intensity. An application is
pending with the City of Edgewater to amend the Edgewater Comprehensive Future Land Use
Map to include the property as Medium Density Residential with Conservation Overlay and
Conservation.
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The subject property is currently vacant. One potential development scenario for the subject
consists of a 125-10t townhome development to be known as Oakwood Cove, The lots would
have a minimum size;of5,pOO ~qu~e feet each. The dey~lopp:1ent would inql1;1qe.two entrances
off Old Mission Road and include compensating storage for surface water. A proposed
site/development plan prepared by Zev Cohen & Associates, Inc. of Ormond Beach, Florida has
been furnished and reviewed; a composite reduction/reproduction of these plans follow.
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PROPOSED SITEIDEVELOPMENT PLAN .:.. OAKWOOD COVE
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PART ill - ANALYSIS OF DATA & OPINION OF THE APPRAISERS
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THE APPRAISAL PROCESS
Preparation of an appraisal is essentially a problem-solving process and should follow an orderly
procedure which will lead the appraiser to a logical conclusion of value based on factual
information. An appraisal is basically a research problem and simply stated, involves the
definition of the problem, collectio~compi1ation of data, analysis of the data, and a summation
based on conclusions gathered from the available information.
The purpose of this report is to estimate market value for the fee simple interest. Definitions are
given in other portions of this report.
A typical outline for the preparation of an appraisal would be to establish an orderly sequence of
procedures in order to arrive at a logical and reasonable conclusion of value. The Appraisal
Process may be outlined as follows:
1. Define the problem.
2. Prepare an outline det:;riling methodology for the property to be appraised.
3. Assemble all data appropriate to the appraisal problem.
4. Analyze the data through various approaches applicable to the property being appraised.
5. Correlate value indications from the various approaches.
6. Reconcile and final value estimate.
Following the sequence above, the first st~p in appraising the subject property is to define the
appraisal problem which is to estimate market value for the fee simple interest. Implicit in this
step is to establish information pertinent to the property being appraised such as the identity
Qocation and legal description). The effective date of the appraisal should be established and any
special requirements of the client should be understood.
The second step involves preparation of a work outline to make most effective use of time and
resources. In estimating market value for the subject, the demand/supply market must be
investigated and is of particular importance to this assignment. Under this portion of the
appraisal process, the appraiser should estimate what type of data (and quantity) will be required
along with appropriate sources for such data. During this phase, the appraiser must also decide
which of the three standard approaches to value are applicable; these are the Direct Sales
Comparison Approach, the Income Approach, and the Cost Approach. An outline of the total
appraisal report should be prepared at this time and a work schedule should be prepared to allow
completion of the appraisal assignment with the greatest degree of expediency. With proper
outlining and programming, there will be an orderly flow of data and the appraisal can be
completed in the most logical and expedient fashion.
The third step involves the assembling of data. Data should generally be organized and acquired
in a fashion which will permit completion of the appraisal assignment under the outline prepared
in Step 2. The assembling of data may be influenced to some. degree by the sources of such data,
and it is generally preferable to have several back-up sources in case the primary source cannot,
for one reason or another, be used; or cannot be obtained within the time frame of the
assignment. Data' collected for the purpose of this appraisal report was obtained from a variety of
sources including review of public records and property appraiser's files. Confirmation was
obtained by personal contact with one of the parties involved in the transaction.
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After accumulation of iJ?formation, the data must be classified and analyzed. All factors affectin~
the subject and sales must be considered. Some of the factors to be considered are whether or not
the sales are developed to their highest and best use; the effects of neighborhood influences; and
consideration of the effects oftime passage, size, topography, zoning, availability of public
services, etc. Those features most important to a value for the subject property must be
determined and these prime value determining factors must then be used in comparison with the
sale properties. By combining an evaluation of the area and neighborhood influences with the
primary factors affecting value for the subject, the appraiser can then analyze data for the.
comparable sales (and other comparable data including costs, rentals, etc.) to provide a baSis for
the application of the various approaches to value estimation.
The approaches typically considered in estimating.value are the Direct Sales Comparison
Approach, the Income Approach, and the Cost Approach. Normally, only the Direct Sales
Comparison Approach is used in estimating the value of vacant land; A brief description of each
approach follows in narrative form.
The Direct Comparison Approach: The Direct Sales Comparison Approach is often referred
to as the Market Data Approach. Utilization ofthis approach requires comparisons between the
comparable sales and the subject on an item by item basis. Factors to be considered include, but
are not limited to, time, location, terms and conditions of sale, and various physical
characteristics such as size, topography, and shape. Zoning and permitted uses, availability of
utilities and other special amenities, location of improvements on the site, and other factors must
be considered. The comparable sales are adjusted to the subject for the various pertinent
characteristics affecting the value of the subject. The subject is considered the "base" property
and all sales data must be adjusted to this base. That is, the sales are adjusted to an estimated
price at which the sale property would prohably have sold if it possessed characteristics identical
to the subject. After adjustments, the sales are correlated to an indication of market value for the
subject via the Direct Sales Comparison Approach.
The Income Approach: A second method of valuation involves the Income Approach. This
approach is typically applied to income producing properties. The Income Approach is based on
the principle $at value equals the" present worth of future rights to income. The first step in this
approach is to estimate a potential gross income for the subject property. vacancy/collection
losses, abstracted from market data, are then deducted from the total gross income to arrive at an
estimate of effective gross income. From the effective gross income figure must be deducted
appropriate amounts for various expense and/or reserve items. Expenses can include such
categories as Fixed Expenses (i.e., taxes and insurance), Operating Expenses (maintenance,
management, repair, etc.), and a Reserve for Replacement. Review of many operating statements
indicates that a reserve account is often not included. In most instances, a reserve account should
be included to account for the depreciation of short-lived items such as roof covering, asphalt
topping, floor coverings, and similar items.
Income and expense data is market derived. Rental/income and expense history of the subject is
reviewed in conjunction with similar data for a variety of properties comparable to the subject.
This data is then correlated to provide appropriate estimates of income and expenses for the
subject. The reconstructed operating statement which results from an analysis of the available
data may not necessarily indicate values similar to that actually experienced by the subject. That
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is, rents and expeIlSes utilized in. the reconstructed operating state~ent in the IncOlne Approach
discussion may indicate rental rates higher or lower than those actually produced by the subject
and present tenancy. Similarly, expenses may be higher or lower than the current expense history
for the subj ect property.
After estiniating reasonable amounts for income/expenses, the total expenses are deducted from
the effective gross income to arrive at an estimate of net operating income. TIlls figure is then
capitalized by use of a capitalization rate via the Direct Capitalization Method. Direct
capitalization of the net income stream provides an indication of value for the subject property by
the Income Approach.
The Cost Approach: In estimating a value for the subject by the Cost Approach, the first step is
to estimate a value for the site as ifvacant. The estimate of site value follows the reasoning of the
Direct Market Comparison Approach and estimates a value for the subject site by comparison
with other similar sites which have sold.
The next step is to estimate a reproduction or replacement cost new for the improvements. The
Cost Approach is most accurate when improvements are new and develop a site to its highest and
best use. After estimating a reproduction or replacement cost for the subject improvements,
depreciation from all causes is estimated and deducted from the reproduction cost new.
In addition to the major building improvements, all site improvements such as asphalt paving,
etc., must be estimated on a depreciated basis. That is, reproduction/replacement cost new must
first be estimated and is then adjusted for depreciation. The depreciated value for all
improvements (major buildings and site improvements) is totaled to arrive at a total depreciated
. cost new for improvements. TIlls value is then added to the estimated site value to arrive at an
indication of value for the subject property via the Cost Approach.
Correlation and Final Estimate of Value: The last step in the appraisal process is the
correlation of the Direct Sales Comparison Approach, the Income Approach, and the Cost
Approach into a final value estimate. In the process of correlating the approaches into a final
value estimate, the appraiser must consider the purpose of the appraisal, the type of property, and
the weight given to each of the t.hi-ee approaches to value. Most weight is then placed on that
approach which furnishes the most reliable solution to the appraisal problem and which has the
greatest amount of support. It should be noted that the final value estimate is not an average of
the value indications from the three approaches. Most weight should be given to those
approaches which the appraiser feels most accurately solve the appraisal problem.
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HIGHEST AND BEST USE
One of the most critical and important aspects in appraising a property is the estimation of
highest and best use, or most probable/profitable use. Estimation of a highest and best use is a
fundamental part of the appraisal process and is the premise upon which the valuation is based.
The term "Highest and Best Use" is defined by the Appraisal Institute as follows:
''The reasonably probable and legal use of vacant land or an improved property,
which is physically possible, appropriately supported, financially feasible, and
that results in the highest value. The four criteria the highest and best use must
meet are legal permissibility, physical PQssibility, financial feasibility, and
maximum productivity."
Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, 4th ed., s. v. "highest and best use. "
(Chicago: Appraisal Institute, 2002).
In the appraisal of a vacant property, all of the possible uses within the limits set forth above
must be considered, and that use which yields the highest return to the land or the highest land
value is the highest and best use. .
In the appraisal of an improved parcel, the improvements must be considered and a
determination made as to whether they make a contribution to the overall value of the property.
If so, the highest and best use is either the present use, or the conversion of the improvements for
another use. If the value of the land as though vacant (reduced by the costs, if any, required to
make it vacant) is in excess of the value improved, the highest and best use is estimated as
though the land were vacant.
The cmrent zoning and other land use regulations are the primary constraint to utilization of the
subject The subject property has recently been annexed into the City of Edgewater. However,
the zoning has not yet been changed from the V olusia County designations which currently
include a combination ofMH-1 (Mobile Home Park), MH-5 (Urban Mobile Home), MH-7
(Mobile Home Park) and RC (Resource Corridor). The MH-I, MH-5 andMH-7 zoning
classifications permit a combination of mobile home parks and mobile home subdivisions. The
RC zoning designation is intended to provide protected, natural corridors consisting of
enVironmentally sensitive and ecologically significant lands which coimect to other protected
areas such as parks and water bodies. The V olusia County Future Land Use Designations include
a combination of Low Impact Urban, Environmental Systems Corridor, and Urban Medium
Intensity. An 'application is pending with the City of Edgewater to amend the Edgewater
Comprehensive Plan Future Land Use Map to include the property as Medium Density
Residential with Conservation Overlay and Conservation.
The physical aspects of the site are also a primary consideration. A larger site often offers greater
development flexibility than a smaller but otherwise equivalent site. Other factors which are
considered under this heading include adequacy of utilities, soil conditions, topography, in-
gress/egress considerations, and similar items. As indicated, the subject contains several wetland
areas comprising approximately 45% of the site. Some of these wetlands will likely have to be
mitigated. However, it appears that the remainder of the subject site (net upland areas) have
adequate size for development of the property with a variety of residential improvements.
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Utilities are located in close proximity to ''the site and will require off-site extension along with
sewer lift stations.. The remaining items have been discussed in the property description. No other
adverse physical characteristics were noted.
The area immediately surrounding the subject contains primarily residential and institutional uses
including single-family standard and manufactured homes, apartments, campgrounds and
schools. The westerly portion of the neighborhood contains a combination of rural residential and
older agricultural uses along with newer residential development. There is also some coriunercial
and industrial development in the vicinity as well. The demand for additional residential
development properties is expected to increase, and the use for this purpose is not speculative.
Therefore, it appears that residential development would provide a greater return to the subject
site than any other possible or feasible use.
The demand for land similar to the subject is good in the area surrounding the subject This is
substantiated by several factors including the escalating costs of owner-occupied improvements,
stable occupancy levels, increasing development/construction and redevelopment in the area, etc.
The steady demand for the subject and surroUi:tdIDg comparable propcities~' coupled with the
stable tenant history of the neighborhood in general, is due in part to the location of the subject
among compatible uses, and excellent access. Other factors include the availability of utilities,
fire/police protection, a favorable tax rate for the area, etc.
The average days on the market for vacant properties in the Greater Volusia County area has
been approximately 165 days for the past year according to the multiple listing service; the
average for improved residential properties has been approximately 125 days. Conversations
with real estate agents and published news accounts indicate that the real estate market for
commercial and industrial properties at market supported prices has been steadily increasing for
the past several years and that this trend is e?,pected to continue for the foreseeable future.
However, due to the volatility of the economic and political landscape, this forecast cannot be
accurately corroborated. Therefore, we have estimated exposure time for the subject of
approximately 150 days; the estimated marketing time for the Subject is estimated at about 9
months.
In summary, it is our opinion that the highest and best use of the subject property would be for
residential development. The steady demand for the subject and surrounding comparable proper-
ties, coupled with the stable tenant history of the neighborhood in general, is due in part to the
location of the subject among compatible uses, and excellent access. Other factors include the
availability of utilities, fire/police protection, a favorable tax rate for the area, etc.
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SALES COMPARISON APPROACH DISCUSSION
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The value of the land was estimated by the Sales Comparison Approach. This approach is often
referred to as the Direct Comparison Approach because the comparison procedure is its basic
technique.
The Sales Comparison Approach requires careful selection of sale properties to insure that they
are relatively similar to the subject. No two properties are exactly alike. Adjustments are made to
the sale properties for the various differences between those properties and the subject. These
adjustments are then applied to the sale properties to indicate a value for the subject.
As indicated, the purpose of this appraisal is to e~timate the retrospective market value of the fee
simple interest of the subject property under two scenarios: (1) as assumption that the subject is
suitable for residential development; and (2) that the subject has no practical development
potential. Each scenario will be addressed separately in the following narrative:
AssuIDing a site suitable for residential development
A diligent search was made of the subject area to find sales of comparable land with residential
development potential. The following sales were found and, though they require some adjust-
ments, are considered the most comparable and the most indicative of value for the subject.
The relatively steady demand for vacant residential development sites indicates that the most
recent sales are the best indicators of value. The following chart contains the sales which are
considered most comparable for cash equivalency, market conditions (time of sale), size, loca-
tion, and similar characteristics. The similarities/dissimilarities will be discussed later.
caMP ARABLE SALES caMP ARISaN CHART
Comparability Factors
Net "Sale is . . . ."
Gross Upland
Sale Sale Acre Acre SalePricel Cash Mkt.
# Date Size Size Net Acre EQUiv Cond Size Lac Tapa . Util Zone
1 3/05 206 144 $30,804 Sim Inf Inf Sup Sim Sim Sim
2 3/05 40.533 37.533 $31,972 Sim Inf Sup Sup Sim Sup Sup
3 7/05 155 144.2 $41,176 Sim Inf Inf Sim Sim Sim Sup
Sub. 9/06 109.583 60.393
Some of the sales in the chart above are considered more useful for comparative purposes than
others. All of the sales are relatively recent and have varying degrees of comparability to the
subject. Sales analysis sheets have been prepared for each of the sales and follow this discussion.
The information contained in these analysis sheets will not be repeated here except in
generalities.
Two of these sales consisted of assemblages of multiple parcels; the first sale of each assemblage
is indicated above. All of the sales include some associated wetland areas, but have been
analyzed herein based upon their net upland size only; in this instance, the associated wetlands
are not considered to have any contributory value. The sale range from 37.533 net upland acres
to 144.2 net upland acres more or less and indicate unadjusted prices ranging from $30,804 to
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$41,176 per net upland acre. Some of the factors of similarity/dissimilarity will be discussed in
the following narrative. Sales analysis sheets and a location map follow this narrative.
CASH EQUN ALENCY:
All of the comparable sales are considered similar to the subject on an overall basis of cash
equivalency and no adjustments are considered warranted for cash equivalency considerations.
MARKET CONDITIONS DISCUSSION:
It is our opinion that all of the sales are at least slightly inferior to the subject for changing
market conditions. Property in the Greater V olusia County Area has generally been appreciating
at the rate of about 1-2% per month or more depending upon the area/property' type with
waterfront condominium sites exhibiting the greatest price escalation. Properties such as the
subject have shown slower but steady appreciation. However, this appreciation slowed
significantly during the later part of2006 with a downturn in the real estate market causing a
decline in demand for property in general. The real estate market is cyclical in nature, and
properties such as the subject will likely exhibit significant appreciation in the future. In our
opinion, an adjustment of ~% per month is appropriate for the comparable sales in this instance
to account for changing market conditions.
SIZE DISCUSSION:
The sales used for comparison range from 40.533 acresto 206 acres more or less; the subject
contains 109.583gross acres. However, the subject and all of the sales analyzed include some
wetland areas which have been excluded for comparison purposes, Based upon their net upland
size only, the,sales range from 37.533 net upland acres to 144.2 net upland acres more or less.
The subject contains 60.393 net upland acres more or less. It is axiomatic in the real estate
business that small parcels typically sell for a greater unit price than a larger parcel, all other
conditions being equal. That is, smaller parcels generally reflect a greater unit selling price. This
is not necessarily true for certain types of commercial property and/or other high demand
property such as oceanfront condominium sites. In areas of intense activity, there may be little
adjustment for size characteristicS. Review of information in the chart, as well as other sales
throughout the area, indicates an erratic pattern with respect to the size differential. In some
instances, investors may prefer a larger site for greater development flexibility. Sales 1 and 3 are
larger than the subject and are considered inferior to the subject; positive adjustments are
indicated for these sales. Sale 2 is smaller than the subject and is considered superior to the
subject; a negative adjustment is indicated.
LOCATION DISCUSSION:
The subject is located on the east side of Old Mission Road just south of Josephine Street and
north of Rota Street in the City of Edgewater, Volusia County, Florida. This is an area of older
established residential development. Sale 3 is considered similar to the subject for overall
locational characteristics. Sales 1 and 2 are located in close proximity to the Sugarmill
development of generally newer homes. These two sales are considered superior to the subject
for overalllocational characteristics; negative adjustments are indicated for these two sales.
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TOPOGRAPHY DISCUSSION:
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/ The subject consists of vacant wooded acreage. Approximately 45% of the subject is identified
as wetlands and 55% consists of uplands. As indicated, each of the sales also contain wetland
areas but have been analyzed based upon their net upland area only. Therefore, all of the
comparable sales are considered similar to the subject for overall topographical characteristics
and 0 adjustments were indicated for topographical characteristics.
UTILITIES DISCUSSION:
Utilities currently available.to the property include electricity and telephone service. Municipal
water and sanitary sewer service will be provided by the City of Edge water; however, there are
currently no available water or sewer lines in the immediate vicinity of the subject. Existing
water and sewer lines would have to be extended from Massey Road at Gateway Drive, or
agreements reached with adjacent property owners. Sales 1 and 3 are considered similar to the
subject for availability of utilities. Sal'e 2 is considered'superior to the subjeCt for availability of
utilities; a negative adjustment is indicated for this sale.
ZONING DISCUSSION:
The subject property has recently been annexed into the City of Edgewater. However, the zoning
has not yet been changed from the V olusia County designations which currently include a
combination of.MH -1 (Mobile Home Park), MH -5 (Urban Mobile Home), .MH-7 (Mobile Home
Park),. and RC (Resource Corridor). The MH-1, .MH-5 and MH-7 zoning c1~sifications permit a
combination of mobile home parks and mobile home subdivisions. The RC zoning designation is
. intended to provide protected, natural corridors consisting of environmentally sensitive and
ecologically significant lands which connect to other protected areas such as parks and water
bodies. The Volusia County Future Land Use Designations include a combination of Low Impact
Urban, Environmental Systems Corridor, and Urban MediUm Intensity. An application is
pending with the City of Edge water to amend the Edgewater Comprehensive Plan Future Land
Use Map to include the property as Medium Density Residential with Conservation Overlay and
Conservation. Sale 1 is considered similar to the subject for zoning characteristics. Sales 2 and 3
are currently zoned for residential development and are considered superior to the subject for
zoning characteristics; negative adjustments were indicated for these two sales.
RECONCILIATION AND ESTIMATE OF VALUE:
The grid on the following page shows the various adjustments required for the subject based
upon the preceding narrative discussion.
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COMPARABLE SALES ADJUSTMENT GRID
Mkt
Sale Price Cond Mkt Cond Total Adjusted Contrib.
Sale Per Acre 8m Adi Price Size Lac Topa Util lone Adi. Sale Price Weight Value
1 $30,804 9.0% $33,576 5% -10% 0% 0% 0% -5% $31,898 30% $9,569
2 $31 ,972 9.0% $34,849 -5% -10% 0% -5% -5% -25% $26,137 30% $7 ,841
3 $41,176 7.0% $44,058 5% 0% 0% 0% -5% 0% $44,058 40% $17,623
Weighted Value for Subject: $35,034
Round To: $35,000
Most consideration is given to comparable sale 3; comparable sales 1 and 2 lend additional
support. After consideration of the above analysis ana the factors affecting the subject and sales,
it is our opinion that a reasonable indication of value for the subject would be $35,000 per net
upland acre. Applying the figure of $35,000 per net upland acre to the size of the subject (60.393
net upland acres more or less) indicates a value for the subject of$2,113,755, rounded ~o
$2,100,000.
Therefore, it is our opinion that the retrospective market value of the fee simple interest of the
subject property assuming a site suitable for residential development, under the assumptions
and limiting conditions of this assignment, as of September 11,2006, was
TWO MILLION ONE HUNDRED THOUSAND DOLLARS
($2,100,000)
43
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SALES LOCATION MAP
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44
SALE NUMBER:
DATE OF SALE:
RECORDING DATA:
GRANTORS:
GRANTEE:
LEGAL DESCRIPTION:
PROPERTY LOCATION:
SIZE:
PRICE:
TERMS OF SALE:
CONDITIONS:
CONFIRMED BY:
HIGHEST AND BEST USE:
ZONING/PERMITTED USES:
DESCRIPTION/COMMENTS:
)
March 28,2005; April 15, 2005; July 15 2005; and April 4, 2006
OR Book 5539, pages 1125-1126; OR Book 5539, pages 1127-1128;
OR Book 5615, pages 1884-1886; and OR Book 5813, pages 4722-
4723, Public Records of Vol usia County, Florida
Victor and Marina Tchelistcheff as trustees, First Mainstreet Bank
N.A., Merrill Properties LLC, and POFS, LLC
Preserve at Sugar Mill, L.L.C.
Lengthy metes and bounds descriptions describing portions of
Sections 9 and 10, Township 17 South, Range 33East, Volusia County,
Florida
Southwest quadrant of Pioneer Trail and Turnbull Bay Road in the City
of New Smyrna Beach, Volusia County, Florida
206 gross acres; 144 net upland acres more or less
$4,435,800 and/or $30,804 per net upland acre
Cash to seller; no effect on sale
Normal
Dale Williams, Grantee, by Janet Svoboda
Residential Development
A-2, Rural Agriculture, by Volusia County. The Future Land Use
designations include Rural and Urban Low Intensity by V olusia
County.
This was the assemblage of four parcels located in or near the City of
New Smyrna Beach purchased for future residential development. The
property was vacant, wooded, and at or slightly below grade at time of
sale and included about 62 acres of wetlands. The property is adjacent
to the Sugar Mill Country Club on the east. Municipal utilities from the
City of New Smyrna Beach including potable water and sanitary sewer
service were available to the general area but would have to be
extended to the property including installation of a sewer lift station.
45
SALE NUMBER:
/
DATE OF SALE:
RECORDING DATA:
GRANTOR:
GRANTEE:
LEGAL DESCRIPTION:
PROPERlY LOCATION:
SIZE:
PRICE:
TERMS OF SALE:
CONDmONS:
CONFIRMED BY:
HIGHEST AND BEST USE:
ZONINGIPERMITTED USES:
DESCRIPTION/COMMENTS:
)
)
2
March 23,2005
OR Book 5521, pages 39-41, Public Records of Vol usia County,
Florida
Horst Henrich
Progressive Builders, L.L.C.
A lengthy metes and bounds description describing a portion of
Sections 10 and 15, Township 17 South, Range 33 East, Volusia
County, Florida
Northwest comer of Pioneer Trail and Sugar Mill Drive in the City of
New Smyrna Beach, Volusia County, Florida
40.533 gross acres; 37.533 net upland acres more or less
$1,200,000 and/or $31,972 per net upland acre
Cash to seller; no effect on sale price
Normal
Dale Williams, Grantee, by Janet Svoboda
Residential Development
R1, Single-Family Residential District, and R2, Single-Family
Residential District, by the City of New Smyrna Beach. The Future
Land Use is Low Density Residential.
This was the sale of vacant acreage located in the City of New Smyrna
Beach, Florida purchased for residential development. The subject is
currently being developed with the Sugar Mill gardens subdivision.
The property was vacant, wooded, and generally at grade with
surrounding properties and roadways at time of sale and included about
3 acres of wetlands. The property is adjacent to the Sugar Mill Country
Club on the north and west. Municipal utilities from the City of New
Smyrna Beach including potable water and sanitary sewer service were
available to the general area but would have to be extended to the
property including installation of a sewer lift station.
46
SALE NUMBER:
DATE OF SALE:
RECORDING DATA:
GRANTORS:
GRANTEE:
LEGAL DESCRIPTION:
PROPERTY LOCATION:
SIZE:
PRlCE:
TERMS OF SALE:
CONDITIONS:
CONFIRMED BY:
IllGHEST AND BEST USE:
ZONING/PERMITTED USES:
DESCRIPTION/COMMENTS:
)
)
3
July 27, 2005 and August 22, 2005
OR Book 5625, pages 2524-2525 and OR Book 5645, pages 3047-
3050, Public Records of Vol usia County, Florida
James C. Carder and Rosemary Carder, Alice Margaret Murray as
trustee, and Adkins Holdings, Ltd.
Worthington Creek Investment, L.L.C.
Lengthy metes and bounds descriptions describing portions of Section
24, Township 18 South, Range 34 East, Volusia County, Florida
West side of US-I between Clinton Cemetery Road and Arie1 Road in
the City of Edgewater, Volusia County, Florida
155 gross acres; 144.20 net upland acres more or less
$5,937,650 and/or $41,176 per net upland acre
Cash to seller; no effect on sale
Normal
Shaun MacMason, Grantee, by Janet Svoboda
Residential Development
RPUD, Residential Planned Unit Development, by the City of
Edgewater. The Future Land Use designation is Low Density
Residential
This was the assemblage of two ownership parcels located in the City
of Edgewater, Florida purchased for future residential development.
The parcels were vacant, partially cleared, and at or slightly below
grade at time of sale and included about 10.8 acres of wetlands. The
property is bounded on the west by the FECRR corridor. Municipal
utilities including potable water and sanitary sewer service are
available from the City of Edgewater but are located along the east side
of US-I and will require extension under this roadway.
47
.')
Assuiling a site with no practical development potential
A diligent search was made of the subject area to find sales of comparable land with no practical
development potential. The following sales were found and, though they require some adjust-
ments, are considered the most comparable and the most indicative of value for the subject.
There is limited demand for vacant property with no practical development potential. Therefore,
historical sales oftrus type of property were analyzed. The following chart contains the sales
which are considered most comparable for cash equivalency, market conditions (time of sale),
size, location, and similar characteristics. The similarities/dissimilarities will be discussed later.
COMPARABLE SALES COMPARISON CHART
Comparability Factors
"Saleis,., ,"
Sale Sale Acre % Price/ Cash Mkt.
# Date Size Wet Acre Equiv Cond Size Loc Topo Util Zone
4 2/01 59 100% $678 Sim Sim Sim Sim Sim Sim Sim
5 1/02 27 93% $674 Sim Sim Sup Sim .SuP Sim Sim
6 5/03 24.4 96% $843 Sim Sim Sup Sim Sup Sim Sim
7 6/03 1,092 80% $865 Sim Sim Inf Sim Sup Sim Sim
8 6/04 59.5 100% $504 Sim Sim Sim Sim Sim Sim Sim
9 8/05 14 100% $500 Sim Sim Sup Sim Sim Sim Sim
Sub. 9/06 109.583 100%*
* assuming a site with no practical development potential
Some of the sales in the chart above are considered more useful for comparative purposes than
others. All of the sales are relatively recent and have varying degrees of comparability to the
subject Sales analysis sheets have been prepared for each of the sales and follow this discussion.
The information contained in these analysis sheets will not be repeated here except in
generalities.
The sales occurred during the February, 2001 through August, 2005 time period. The comparable
properties range in size from about 14 acres to 1,092 acres more or less. The chart entries.
indicate unadjusted prices ranging from $500 to $865 per acre. Some of the factors of .
similarity/dissimilarity will be discussed in the following narrative. Sales analysis sheets arid a
location map follow this narrative.
CASH EQUIVALENCY:
All of the comparable sales are considered similar to the subject on an overall basis of cash
equivalency and no adjustments are considered warranted for cash equivalency considerations.
48
')
MARKET CONDITIONS DISCUSSION:
)
As indicated, the sales occurred during the February, 2001 through August, 2005 time period. An
analysis of sales with no practical development potential dating to the early 1990's indicates that
there has been no discernable pattern regarding a change in values over the sale date range. An
analysis of data in the preceding chart indicates that some of the later sales actually sold for less
than the earlier sales. However, a reliable pattern could not be discerned. Therefore, it is our
opinion that all of the sales are considered similar to the subject for changing market conditions,
and no adjustments are warranted for changing market conditions.
SIZE DISCUSSION:
The sales used for comparison range from about 14 acres to l,092 acres more or less. It is
axiomatic in the real estate business that small parcels typically sell for a greater unit price than a
larger parcel, all other conditions being equal. That is, smaller parcels generally reflect a greater
unit selling price. This is not necessarily true for certain types of commercial property and/or
other high demand property such as oceanfront condominium'sites. In areas of intense activity,
there may be little adjustment for size characteristics. Review of information in the chart, as well
as other sales throughout the area, indicates an erratic pattern with respect to the size differential.
However, sales 5, 6, and 9 are smaller than the subject and are considered superior; negative
adjustments are indicated for these three sales. Sale 7 is significantly larger than the subject and
is considered inferior to the subject; a positive adjustment is indicated for this sale. Sales 1 and 8
are considered similar to the subject for overall size characteristics so that no further adjustments
were indicated.
LOCATION DISCUSSION:
The subject ownership is located within the City of New Smyrna Beach. Under the scenario of
no practical development potential of the subject, locational considerations are not considered as
important as with other types of property. The comparable sales are located throughout Volusia
and Flagler Counties. Therefore, no adjustments were considered warranted for locational
characteristics. .
TOPOGRAPHY DISCUSSION:
The subject consists of vacant wooded acreage. Approximately 45% of the subject is identified
as wetlands with 55% identified as uplands. However, the subject is located within a Special
Flood Hazard Area and, under the scenario as presented herein, it is assumed there is no pr~ctical
development potential. Sales 4, 8 and 9 contain lOO% wetlands with no practical development
potential and are considered similar to the subject. Sales 5, 6 and 7 are predominately comprised
of wetlands with isolated upland areas; these sales are considered superior to the subject, and
negative adjustments are indicated.
UTILITIES DISCUSSION:
Utilities available to the subject include electricity and telephone service with water and sewer
service located in the vicinity (off-site utility extension required). However, under the premise of
no practical development potential, this characteristic is considered unimportant. Therefore, no
adjustments were considered warranted for avail~bility of utilities characteristics.
49
)
)
ZONING DISCUSSION:
The subject property has recently been annexed into the City of Edge water. However, the zoning
has not yet been changed from the V o lusi a County designations which currently include a
combination oflvfH-1 (Mobile Home Park), MH-5 (Urban Mobile Home), :MH-7 (Mobile Home
Park), and RC (Resource Corridor) classifications by Volusia County. The Volusia County
Future Land Use designations are: Low Impact Urban, Urban Medium Intensity, and
Environmental Systems Corridor. However, under the premise of no practical development
potential, this characteristic is not considered important. Therefore no adjustments were
considered warranted for zoning characteristics.
RECONCILIATION AND ESTIMATE OF VALUE:
The following chart indicates the adjustments applied to the chart entries for the various factors
of comparability:
COMPARABLE SALES ADJUSTMENT GRID
Sale
4
5
6
7
8
9
Mkt
Sale Price Cond
Per Acre 6ID
$678 0.0%
$674 0.0%
$843 0.0%
$865 0.0%
$504 0.0%
$500 0.0%
Mkt Cond
Adi Price Size Loc Topo Util
$678 0% 0% 0% 0%
$674 -10% 0% -20% 0%
$843 -10% 0% -20% 0%
$865 10% 0% -20% 0%
$504 0% 0% 0% 0%
$500 -10% 0% 0% 0%
Total Adjusted Contrib.
Zone Adi. Sale Price Weight Value
0% 0% $678 15% $102
0% -30% $472 15% $71
0% -30% $590 .15% $89
0% -10% $779 15% $117
0% 0% $504 20% $101
0% -10% $450 20% $90
Weighted Value for Subject: $569
Round To: $570
Most consideration is givento comparable sales 8 and 9; comparable sales 4,5,6 and 7 lend
additional support. After consideration of the above analysis and the factors affecting the subject
and sales, it is our opinion that a reasonable indication of value for the subject would be $570 per
. acre assuming a site with no practical development potential. Applying the figure of $570 per
acre to the size ofthe subject (109.583 acres more or less) indicates a value for the subject 9f
$62,462, rounded to $62,000.
Therefore, it is our opinion that the retrospective market value of the fee simple interest of the
subject property assuming a site with no practical development potential, under the
assumptions and limiting conditions of this assignment, as of September 11,2006, was:
SIXTY-TWO THOUSAND DOLLARS
($62,000)
50
)
"')
SALES LOCATION MAP
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51
COMPARABLE NUMBER:
DATE OF SALE:
RECORDING DATA:
GRANTORS:
GRANTEES:
LEGAL DESCRIPTION:
PROPERTY LOCATION:
SIZE:
PRICE:
TERMS OF SALE:
CONDITIONS:
CONFIRMED BY:
HIGHEST AND BEST USE:
ZONINGIPERMITTED USES:
-DESCRIPTION/COMMENTS:
_0)
-)
4
February 1,2001
OR Book 4641) page 3169 and OR Book 4641, page 3170, Public
Records of Vol usia County, Florida
James T. Griffey and Shirley Griffey, as trustees
Phillip James Smith and Lisa W. Smith
The North Yz and the South Yz of Government Lot 4, Section 1)
'Township 14 South, Range 27 East, Volusia County, Florida
East side of lake George northwest of the Town of Pierson, Volusia
County, Florida
59 acres more or less
$40,000 and/or $678 per acre
Cash to Seller; no effect on sale price
Normal
Shirley Griffey, Grantor, by Peter Gagne
Agriculture, silviculture or similar operations
RC, Resource Conidor, by V olusia County
This was the assemblage of two parcels containing 100% wetlands. The
property is located east of Lake George in the northwestern portion of
V olusia County. Municipal utilities were not available at time of sale.
The site was vacant and gently rolling at time of sale.
52
COMPARABLE NUMBER:
DATE OF SALE:
RECORDING DATA:
GRANTORS:
GRANTEE:
LEGAL DESCRIPTION:
PROPERTY LOCATION:
SIZE:
PRICE:
TERMS OF SALE:
CONDmONS:
CONFIRMED BY:
IDGHEST AND BEST USE:
ZONINGIPERMITTED USES:
DESCRIPTION/COMMENTS:
""",
)
"""j
5
January 14, 2002
OR Book 4807, pages 2715-2716, Public Records of Vol usia County,
Florida
Patrick J. Maher and Hannah Maher, as trustees
Miami Corporation
Lots l5-C and 15-D of Assessor's Subdivision of the Charles Sibbald
Grant in Section 43, Township 18 South, Range 34 East, according to
the Plat in Map Book 3, page 151, Public Records of Vol usia County,
Florida
West side ofI-95 southwest of the City of Edgewater, V olusia County,
Florida
27 Acres more or less
$18,200 and/or $674 per acre
I Cash to Seller; no effect on sale price
Normal
Glen Storch, Grantee representative, by Peter Gagne
Agriculture, forestry, silviculture or similar operations
FR, Forestry Resource, and RC, Resource Corridor, by Volusia County
This was the sale of a vacant parcel containing about 93% wetlands.
The property is located west ofI-95 in the southeastern portion of
V olusia County. Municipal utilities were not available at time of sale.
The site was vacant and gently rolling at time of sale.
53
COMPARABLE NUMBER:
./
DATE OF SALE:
RECORDING DATA:
GRANTOR:
GRANTEE:
LEGAL DESCRIPTION:
PROPERTY LOCATION:
SIZE:
PRICE:
\ TERMS OF SALE:
CONDmONS:
CONFillMED BY:
HIGHEST AND BEST USE:
ZONING/PERMITIED USES:
DESCRIPTION/COMMENTS:
''')
)
6
May 6, 2003
OR Book 930, pages 708-712, Public Records of Flagler County,
Florida
Florida Landmark Communities, Inc.
Richard J. Burdi
A lengthy metes and bounds description describing a portion of
Reserved parcel."A" of the Subdivision Plat Pine Grove Section 39,
. Palm Coast, recorded in Map Book 11, pages 50 and 51, of the Public
Records of Flagler County, Florida
West ofI-95, south of Penn Manor Lane in the City of Palm Coast,
Flagler County, Florida
24.4485 acres more or less
$18,308 and/or $843 per acre
Sale inclllded $2,500 cash to seller plus $18,308 in back real estate
taxes paid to Flagler County
Normal
David Lusby, Grantor Agent, by Peter Gagne
Agriculture, silviculture or similar operations
C, Conservation, by Flagler County
This was the sale of a vacant parcel containing at least 96% wetlands.
The property is located west ofI-95 at the southerly terminus of Penn
Manor Lane and southerly of the Palm Coast water tower in the central
portion of the City of Palm Coast. Municipal utilities were available to
the area surrounding the property, but had not been extended to the site
at time of sale. The site was vacant, partially wooded, and gently
rolling at time of sale.
CA
-'~
COMPARABLE NUMBER:
DATE OF SALE:
RECORDING DATA:
GRANTOR:
GRANTEE:
LEGAL DESCRlPTION:
PROPERTY LOCATION:
SIZE:
PRICE:
TERMS OF SALE:
CONDffiONS:
CONFIRMED BY:
HIGHEST AND BEST USE:
ZONlNGIPERMITTED USES:
DESCRIPTION/COMMENTS:
"',
)
")
7
June 25, 2003
OR Book 950, pages 1943-1950, Public Records of Flagler County,
Florida
Florida Landmark Communities, Inc.
Oare Associates, LLC
A lengthy metes and bounds description descnbing a parcel of land
lying south of State Road 100 in Government Sections 12, 13, and 24,
Township 12 South, Range 30 East, and within Government Sections
18 and 19, Township 12 South, Range 31 East, Flagler County,
Florida.
North side of Belle Terre Boulevard south ofSR-lOO and east ofUS-l
in Flagler County, Florida
1092 acres more or less
$945,000 and/or $865 per acre
Cash to Seller; no effect on sale price
Normal
David Lusby, Grantor Agent, by Peter Gagne
Agriculture, forestry, silviculture or similar operations
C, Conservation, and AG, Agriculture, by Flagler County
This was the sale of a vacant parcel that contained an estimated 80%
wetlands. The upland areas were scattered and isolated. Utilities were
available to the areas surrounding the parcel but had not been extended
into the site.
55
COMPARABLE NUMBER:
DA 1E OF SALE:
RECORDING DATA:
GRANTOR:
GRANTEES:
LEGAL DESCRIPTION:
PROPERTY LOCATION:
SIZE:
PRICE:
TERMS OF SALE:
CONDmONS:
CONFIRMED BY:
IDGHEST AND BEST USE:
ZONING/PERMITTED USES:
DESCRIPTION/CO:MMENTS:
)
.')
8
June 14, 2004
OR Book 5341, pages 1846-1847, Public Records of Vol usia County,
Florida
Surety Bank
William Day and Lorraine Day
A lengthy metes and bounds description describing the Northeast \1.1 of
Section 33, Township 13 South, Range 28 East, Volusia County,
Florida
East side of Raulerson Road, north of CR-305, near Seville in V olusia
County, Florida
59.5 acres more or less
$30,000 and/or $504 per acre
Cash to Seller; no effect on sale price
Normal
Walter White, Grantor agent, by Janet Svoboda
Agriculture, silviculture or similar operations
RC, Resource Corridor, by Volusia County
This was the sale of a vacant parcel containing 100% wetlands. The
property is located on the west side of Raulerson Road north of CR-305
near Seville. Municipal utilities were not available at time of sale. The
site was vacant, wooded and gently rolling at time of sale.
56
COMPARABLE NUMBER:
DATE OF SALE:
RECORDING DATA:
GRANTORS:
GRANTEE:
LEGAL DESCRIPTION:
PROPERTY LOCATION:
SIZE:
PRICE:
TERMS OF SALE:
CONDmONS:
CONFIRMED BY:
HIGHEST AND BEST USE:
ZONING/PERMITTED USES:
DESCRIPTION/COMMENTS:
"j
I
~)
9
August 31, 2005
OR Book 5712, pages 1735-1739, Public Records of Vol usia County,
Florida
Frank 1. Hanus ill, Mary H. Owen, Carol H. Parker, and Joan H.
Stewart
Granville Tracy
A lengthy metes and bounds description descnbing the east Y2 of the
northwest ~, south of High Bridge Road and west of John Anderson
Drive, except Road, in Section 5, Township 13 South, Range 32 East,
Volusia County, Florida, excepting that property described in Official
Records Book 251, page 362, Public Records of V olusia County,
Florida
West side of John Anderson highway, south of Highbridge Road,
V olusia County
14 acres more or less
$7,000 and/or $500 per acre
Cash to Seller; no effect on sale price
Normal
Public Records
Agriculture, silviculture or similar operations
RC, Resource Corridor, by Volusia County
This was the sale of a vacant parcel containing 100% wetlands. The
property is located on the west side of John Anderson Highway south
of Highbridge Road in an unincorporated portion of Vol usia County.
Municipal utilities were not available at time of sale. The site was
vacant, wooded, gently rolling and generally below grade at time of
sale.
57
-)
""
)
,/
INCOME APPROACH
The Income Approach is based on the principle that value equals the present worth of future
rights to income. Vacancy and collection losses are then deducted from the total gross income to
arrive at an effective gross income. Various expenses including fixed expenses, variable or.
operating expenses, and a reserve for replacement are then subtracted from the effective gross
income to arrive at an indication of net operating income. This figure is then capitalized into
value by use of an overall rate.
The subject land has no income-producing improvements and earns no meaningful income. The
Income Approach is not applicable in this case.
COST APPROACH
The Cost Approach to value is a technique in which the value estimate is based on a summation
of the physical components. That is, the land as if vacant and the depreciated cost of all
improvements. This approach is premised on the economic principle of "substitution". Like other
approaches, the Cost Approach is market oriented and should reflect market behavior of typical
purchasers in order to arrive at a valid indication of value.
Under the principle of substitution, the informed buyer would, as an alternative to acquiring the
subject property, consider all of the costs involved in constructing an improvement of similar
utility on a site comparable to the subject. The informed hiIyer would generally not pay more
than the cost of reproducing a facility of similar utility.
The subject has no iniprovements which would represent any value above the value of the land as
appraised. Therefore, the Cost Approach is not applicable in this instance.
58
')
)
RECONCILIATION
As indicated, the purpose of this appraisal is to estimate the retrospective market value of the fee
simple interest of the subject property under various parameters as of the date of value. These
parameters include (1) an assumption that the subject is suitable forresidential development, and
(2) that the subject has no practical development potential, The indications of value derived from
the applicable approaches to value are as follows:
Sales Comparison Approach: $2,lOO,OOO-Assuming a site suitable for residential de~elopment
$62,OOO-Assuming a site with no practical development potential
Income Approach:
N/A
Cost Approach:
N/A
Reconciliation is the process of weighing the indications of value into a final estimate of value
for the property being appraised. The essence of reconciliation is to develop a rational conclusion
which approximates and can defend a single value as defined by the assignment. In reconciling
the estimates of value, the appraiser must consider the significance of each approach under the
following guidelines:
1. In a typical market situation which of the approaches are most important to the typical
investor/purchaser?
2. Which approach and value call best be supported by the available data? .
Theoretically, the estimates of value from each approach could indicate the same value. This
would rely on a tremendous amount of excellent data and would carry the appraisal profession
into the realm of an exacting science.
Normally, the approaches to value will indicate slightly different results, but they would
normally fall within a reasonable range. The quantity and quality of the market data, in our
opinion, was adequate in this case. The results indicated above are based on interpretation of the
data available.
The Sales Comparison Approach is often referred to as the Market Data Approach. Utilization of
this approach requires comparisons between the comparable sales and the subject on an item by
item basis. Factors to be considered include, but are not limited to, time, location, terms and
conditions of sale, and various physical characteristics such as size, topography, and shape.
. Zoning and permitted uses, availability of utilities, and other factors must also be considered.
The comparable sales are adjusted to the subject for the various pertinent characteristics affecting
the value of the subject. The subject is considered the "base" property and all sales data must be
adjusted to this base. That is, the sales are adjusted to an estimated price at which the sale
property would probably have sold if it possessed characteristics identical to the subject. After
59
)
p)
adNstments, the sale$ are correlated to an indicati9n qfm<rr.ket value for the su~ject via the Sales
Comparison Approach.
A~ indicated, the purpose of this appraisal is to estimate the retrospect~ve m~~e~ value of the fee
simple interest of the subject property under two scenarios: (1) as assumption that the subject is
suitable for residential development; and (2) that the subject has no practical development
potential. The valuation of the subject under each scenario was addressed separately. The Sales
Comparison Approach as applied to the subject ownership is considered reasonable in this
instance.
Income producing properties usually move on the open market for their income producing
ability. In this instance, the subject is not an income producing property (rental income) and this
approach was not considered applicable.
The Cost Approach is most indicative of market value when the improvements are new and
develop the land to its highest and best use. In this instance, the subject does not have any
improvements that would represent value above the value of the land as vacant so that the Cost
Approach was not applicable in this instance.
It is our opinion that the retrospective market value of the fee simple interest of the subject
property ass~ming a site suitable for residential development, under the assumptions and
limiting conditions of this assignment, as of September 11, 2006, was:
TWO MILLION ONE HUNDRED THOUSAND DOLLARS
($2,100,000)
It is our opinion that the retrospective market value of the fee simple interest of the subject
property assuming a site with no practical development potential, under the assumptions and
limiting conditions of this assignment, as of September 11, 2006, was:
SIXTY-TWO THOUSAND DOLLARS
($62,000)
In addition to the underlying assumptions attached, this appraisal report is made under the
following extraordinary assumptions:
1. We do not have the required expertise for determining the presence of or absence of
hazardous substances, defined as all hazardous or toxic materials, wastes, pollutants or
contaminants (including, but not limited to, asbestos, PCB, UFFI, petroleum products or
other raw materials or chemicals) used in construction, orotherwise present on the
property. We assume no responsibility for the studies or analyses which would be
required to determine the presence or absence of such substances. We do not assume
responsibility for loss as a result of the presence of such substances. The value estimate
presented herein is based on the assumption that the subject property is not adversely
affected by environmental contaminants.
60
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)
./
2. That the subject propertY is as described herein. A current boundary and topogr~phica1
survey were not provided and would be required to determine the precise size, ,
dim~nsional and topographical characteristics of the subject. We reserve the right to
adjust the value indication estimated herein based upon review of a current survey should
such survey indicate a site different than that as presented herein.
3. Under the "assuming development potential" scenario, it is assumed that the subject
could be rezoned to permit development of the subject with residential improvements
including mobile home, town home, or similar improvements, and that no governmental
approval would not unduly be withheld.
4. Under the "no practical development potential" scenario, it is assumed that development
of the subject is not possible due to regulations that essentially prohibit development of
properties located within a flood hazard area.
61
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ADDENDUM
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Acquiring Deeds
'agel. Q~ 3
"Ibh~" rrq"m1 By..d Jl....... ...
Nichola. .... aaorg.
O.8im,ky " a.<,rga
500 Iil. Olaandu- .Lva.
Xlaytcma S.ach. n. 3111.!
0612412003 10:52 'M
Da: stlllPS 2llOO.oo
CTroosfar IliIt. S 4OQOOO}
InstfUllB\tI 2003-14nD.
Book: 5J.00
PaQs: 2:1.9~
hralWN...t>tr. 73H060S00::l0, 734409000010,
~'I TIN: llIld 734406O6OOlO
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Warranty Deed
ThhIndenture, Ma<k1his qlA day of Jun6
RAX lINN KOLIiICDN, a widow and sug1.e
. 2003 A:D..
Between
at doo C<Nll()' or Volwda . SuIo or l!'lorlda ., grantnr. "'"
A.S.D. PROP~S: IDWAGEHEN'l', L.L.C.# & cOJ:pOr&tion existing under the
lAW. of ~ Stata of rlorida
wlr>oC~ lo: 1'. O~ Box 290131, l'o~ Orang&, n. 3:23:29
of & CoonIy of Vo].uaj,&
-. at P'J.or:l,d.a
. grutu-.
Wlmesseth Iholil>c~Jl>rudlll~orllx....at'
__________________~______TXN.. DOLLARS ($:1.0-) ---- ----------------- - I>OU.AJt;S;
. .... <<IoCr plOI Ind Hlool>le ~ 110 llllAN11JR. .. IMI poW II)' ~ .... rc<Opl --- Ie......... _Icq:od. boo
~ ~ an4..1d 1O.1lIc ..OJ c:lIlANTU ud GltANT'EE'S IoOrs, -=>cd awl.,.!.. _ lbe Il>lIcnM& 4....,00I1ml,..........
lyioa,o,fbdllcln1llco..ot:tor Vo].u.i. $Ulo'er F10ri~ Ilo,..;~
Legal deBc~pt~on attached hereto as EXhibit A, parcel. ~ Sf and C,
and. :mAde a. put henOf.
':E'he lJP.C'use with whom title to tbUl: proJilIlrt.r 'tttuI a~riid 'WU
oont:inuou8J.T ~ed to the named srant:or in l:h.ia c:leed. :frQZll. !:he t::ilIla
of itll Ilcquillition t:hrou\lh tho !:ime of aaid JJpOuse'lI doltth.
subject to elUlemant. and reatrictionit of rec:ord, if any, IIJ11'" mention
Qf llaid %'asb:'ict:!.onll he;re:hl. sbaJ.1 ~t: serve to %'&impose ._. lU1d
. .-ub;locl; to t:~. ~r =1: ~.
Suhjec::t: to ~ ~S'" JlI011ey .t:j.;:'lilt 11lQ1:~ge p.-yabl. to g-rantorr
"'" 1&< ~ ""'" llon:by liolIy _ tho lidz *' _ J..l, IOd ,.;II ddcad Ihc _ qdosl Jo~ _ or all pcr>=o ..."""--.
In W1biess Whence, obo ..._ bos Ildtildoo It! Id< 1wd aDI _ lie &lay _ 10" lint 1Iio=_
Slped,""led md deU~ la OJlr prese\1CC
'1J.~~'iJ.JL4~
print. !;_.~ AN",&t...LIlfW
Wi t:J:1e. 8
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Pr:f.ntlld 1'leme. rI/CJlCJ/..A.e. A-. G-6<'>~G-€:
Wible.a
(Scol)
STATE OF I!'loridt.
COUNTY OF Voluaill
'\Dc ~ 1..-..- ......~ krorc "" Ihh LffA
RAX ANN MULLIGAN, .. widow and aing16
~y .r
June
,2003 by
(j) IWfINtI~
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Page 2 of 3
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EXHIBIT" A"
PARCEL A
A. PAAca OF lJ.H1) IN lHE MlOOtE Of .JRO OF WE AMBl105t HUl.l GRANT ( SAID
MIOOU: 3ltD L"'ttNG RIO BElI~G IN stC'llON <<. T-17-S1 n.,..~e mo w.:uQtoi 5J,.
T-f7-S: R-~E:) ANtJ otscIOOED AS rn.l.O~ COUldENCE AT 'IHE N~
CORNER OF. SAID UIoou:: 3RD; lllEtlCE SOUlHEIll:.Y AJ..O!.IC 1HE. EAST UNE {)F' mE: HUlL
GRANT 16:51.6 ftET /:OR 1llE p~T. Of' BEClNliltlc: 1}{ENCE S 7nO'E 1(')31.5;2. FE:Er
ALDtIG 1HE. EASTER1. Y UHf.: OF H\lU..CItANT: 1HEHCE S. fW-42."VI- ,2331.76 Fm; 1HEHG~
Ii l:r7.o'3Q" E taoil.z~ FEET: mENCE N ..'3'W 611.25 FEET: '1UOIOE N OS'5O'E 1223.S3
FEET J(l '1HE pqNT Of' BEGIN"iING; COI'fTAlNlNG 61.50 ACRES ~ORE OR lESS ~ 1U
BEIN~ iii SAID AMBROSE HtJtl.. CI'lANT; '. . '
. P jl,Rca: B
A PMCEL OF UlNa ItlUtE MlDOl..E: lIl1RD Of mE AMBROSE HULL GIVJIT, S.&.IO't.IlOOlt
lHlRD L "l1NG AAtl IlElIiO It{ SEC110fl #. lOWliSHl1' 17 SOUl11, RAIlGE ~ EAST f<I(O
SEC110H ~. JOWHSHIP 17 SOOllt. RANCE 3-4- EAsT 10Ntl DESCRlBEll AS fOU.OWS;
COMMEJtCE "T 'tlf: HORTHEAS1EIllY COONER OF SAID "'1DOlE 1l11nU. 1Helt'E SrAJ1HERLY
ALoNa 1I1E EASlERLY lINE 01" 1Ut M.l9ROSE HUll. CRAHT. 1631.8 FEET, 'lHENCE SCllTn1
65'50' I\f:ST t~.63 fEET fUR '/ltE POltlTOF ~G OF lllE DESaUP1l0N, 'rnENct::
S <l';S' E "9.25 FttT; 1HENCE N 7!r:l6' W 5/lG.5lS f"EEr 10 WE J.I1SS:1~ ROAD (OlD
'JUlUlUU. HMlLlOCK /tOAD) '!HENCE V41H mE So'JO ROAD H 7.TJ2' E !lO.M FEET. '
lliEHCE S 76~ E. IS2!S.49 FEET TO 11iE i'QINT OF BECUUIIHu or 1HIS DESCRlPl100.
SUBJECT TO AN EASaAENT OVER PAAca '"9" fOR ROAD PURPOSES. .
Exhibit A ~ en next page
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EXHIBIT" A" continued
PAACa. C.
lHE F'lX.UlVlmG lAtW IN votUSlA COUNTY FLORIDA;
AU. OF Bt.OO< -0" EXCEPT lOT :z 'Itt:ST Of OAHAI.. AHD Hami Of ROM>: THAT PAAT
OF lQ1' 'i. BlOCK "'E" lYING SOI.NH OF:' RO^O: EXCEPT 'lllAT f>On11OH. DESCRIBED' AS
FOU.01l'S: BEGINNlI':IG AT lHE S1X1Tlf\\'ES1ERY CORNER Q'" SAID lOT I. IIt.OCK oE"/
1HEHCE NOOlHERLY ALONG 1HE WESTERlY LINE OF. s.w'U1T. A 'OlSl'AHcE OF 3~ m:r
10 'tHE POlH'r Of MERSS:nON t)f' TUE WEST lINE OF lOT t 'M1U 1HE ~ ROAD:
'~Cf: NamIERL"l' ~G COOHTY ROM A DISTANCE 01",225 FEET. lHENCl::
SOlJlHl::ASlERLY :J15 FEE:T UORE OR USS 10 11iE SOU1HV.S1ERLY CORNER, OF SAID
lOT; 1HENCf: ~l Y NJJNQ SOtTr/iERt. Y UNE' TO Tf{E POINT Of' !3(lflNNlNG, N.l..
aElHO srruATED IN lHE.JMlES LUPE SUBDMSloN, f'ER MAP flOOK 2. PAGE :J3, I'\.IBUC
RECORDS Of' VOlUSlA COUNlY. 11.O/UDA.
,t,I..SJJ: ,
lliAT PMT Of LPT- 5 OF 1l-lE U1DDLE 1/3 Of' lHE AAmROSE HUI.L GRAHl; ACCORDING
10 1HE MN" 1N 1.4N' BOOK " PAGE Hl, DESCmBED NS FW.OWS: BEQNtlIHG AT 'tHE
SOU'lHEAST ~ OF BlOCl< -0- a= "AidES UJP'E's SllBOMSlON 17 1HE Al-ABROSE'
HUU. GRANT. lHENCE SOlJ1HER\..Y ON ^ UNEDEJNG '!HE EXlENSlctl OJ: THE: EAST UNE
OF BL.Oq< "It. ^ [)IST-AIlCE OF 220 fW: 1lJENCE M:S1ERl..Y 1'0 THE SOOlliWEST
CORNEn Q" SAID BlOCK "J)-; '\'HENCE EASIDtLY AlalG 'tHE SOUlH UNE: OF S1Jl) BLOCK
"0. 'TO 1liE POINT 'Of" BEClNNIHG. EXCEPT mAT PART DESCRl6ED ~ RllOWS; ,
PROPERTY IN BlOCK ''It' IF lHE JANES lIJPE SI.lSOlVlSlON. PER UAP 9001< '2., PAGE 33.
I'UUUC RECQIDS OF VtlUJS1^ COUNTY, A..OmDA, oESCRltlED ~ fW.OWS: t:CiI.I1IENCE AT
1HE SE ca:lNER OF BLOa< D OF' IN.IES lUPE SUOOIVlS1Ctl: 1liENCE SOU1HERl.Yat A
um:: BEING nE 00ENSlQi OF lHE EAST ~ oF lJtOClC D, ^ DISTANCE OF 220;1 FEET:
lHENCE SOU1H trn:r \'iEST 1223.6 FEET; 'JHEN~ Hat'IH 711'J2' \'IEST:152.26 FEET: :
ll-lENCE NORlli tt'''lS'2.o- EAST 73a.n FEET; lll!:HCt soom .tl7'tJ" -<<1" EAs't 271.86
FEET: lHENcE sOuTH 27'46'2.0- WEST 55 fEtn 100ICE sOlrIH 17'2o'.roo tAST 10FEEr.
FOR 1HE POINT OF BEOOlNIN~ 'Jm)I~ sOU1H 17'2D'.w" EAST'225 fEET: ~
SOU'lH 72'39'20" l'/EST 1J3.JJ FEET: 1HEHCE NORm t7'2o"f~'" WEST 225 FEE:'n 7I-lENCE
NORm 72."39'20. E'A5l: 133.:53 FfE1' TO 'tHE POINT OF llEGlHHlNG.
NID EXCEPT THAT PAAT DESCRnlaJ AS fOlLOwS: PROPERlY IN BLOCK 0 OF' 1JlE JAMES
tJJFE: SVBOIVISIOO. PER MAP BOOK 2. PAGE 3J, PtJ!lUC REtOfWS OF' VCUJSlA COONTY,
FLORIDA. Oe::sawED /oS FOU.OWS; COt./IoIENCE AT THE SE COflNER 'Of'9UlCK D OF' THE
JAIdE5 UJPf: 5Uaol~oN; lliENce SOU1liERLYON A. UNE BEIHG 'liE EXlelSION Of' THE:
EAST LItlE OF Bl.OO< n. ^ OISTAHcE:'Of 220.1 FttT~ 1liE}k;E S ~7:1: Vi 12.23.D FEETI
THENCE N 76"J2.' yerr, :l!:l:z.25 FEET; 'tHENCE N 22'46'20" E 73S.T1 f'EE'n THtJroE' s
8nJ'4Q" E 125 FEET FOR mE PONT Of' BEClNNlNG OF THIS D€SCRlP1lllN; '1l-IelCE
CanlNlJE scum Bn3'-40- t 15UiB 1'Elrr; 'lHEHCE S 2T.q'2D" l'I.ESr 55 fEET: THEN~
s ~o'.ro"W 10 FEET; TIiENCE'S 72.7JO'2ri"W 85 FEET;''J1iENCE NG7'3'04O" W 8!i
FEET; THENCE H ;ZZ..Il':ZD" E 120 F.ttT TO TIlE POINT OF' !lEG/NNItW Of' THIS
DESaUpnON. .
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. l2<021200,J 1O~14 AM
noc stamps 56.00
(Transfer. Amt $ 8000)
Instru~entJ 2003-302506
Book: .521.6
Page: 1.31.4
Tn Deed Flle No. .10704'()3
Property Identification No. 7344-09-00-0790
DR-SQ6
TAXllEED
State of Florida
CoUnty of Vol usia
The following Tax Sale Certificate Numbei1:d 10704-03 issued on MAY 1. 2003 was
ffied in the office of the IU. collector of this County and application made for the iSsuance of I. tax deed, the
appliCant having paid or ~med all other taxes or tax Sate eertifibates un the land descr:lbed as req~ by law to
be paid or redeemed. and the costs and expenses of this sale, and due noticJ: of sale haVing bcaI published .'IS
requixed liy law, and no petson entitled to do !jO ha'Yin~ appeated w redeem. Aid iand; such land Wa$ on the
02ND day DC DECEMBER . 2003 . offered for sale as ~ired by law fon:asb 10 the
higbcstbiddaand was sold to A.S.D. PBOl'ElcrIES 1Wl!GMENT LLC. llODNa J()NES
whose add=is 1'0 BOX 290131. PORT 01lA.NGE FL 3212.9
. being the highest bidder and having paid the sum of their bid as required by the Laws ormaride..
NOW, on this 02ND day of DECEMBER. .2003. in the County or Volusia. Sl.Ir.tc
.ofFlarida, in eonslderation of the sum of(S 8.000.00 ) EIGBT'l'HOU5Alm ANn RollOO
* ". Dollars,. being the amoui1t"paid p\lmlant 10 the Laws ofFlorida.does hereby
seD the fonowing lands situa~ in the County and State aforesaid and d=ibed as follows;
4417.33lRREG.llAR!;E..EING lS2..66 Fr ON.NIL &,.120-FT.QNWIL k 55.FT ON ElL AKA l-OT.'19lJNREO.fMK..
HA-VEN"PL.A'f . -- .
By.
tQJ.. ~ A/
D L RUEGGER,~Clerk
Volusia County. Florida
vr-..(YeT~7~
P~~"
LORI DIGGS ~ .
STATE OF FLORIDA
COUNTY OF VOL USIA
On this 02ND day of DECamER. 2003. before roc
KAREN CHTITY pCh'lOnally appeared D L RtJECiGER. Deputy Clerk of the
Circuit Court or County ComptroTIerin and for the State snd this .County known to me to be the ~n
. <kscnoed .in, and who cxeCuted the fbregoing instrument.. and acknowledged. the execution Q{ this
instIument to be ~ir o~ free act and deed fer the use and purposes th . entioned.
Witness my hand and official seal date:: aforesaid.
lWENJ ClITTY
IoIYCll.\lI.tSSl(J(ICCa!lOa.l7
_~~2Ub5
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CI,0009-8412
F
lage 2 at 2
--)
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STATE OF FLORIDA
COUNTY OF VOLUSIA
Book: 521...6
. Pa'ge: 1.31.5
. Oicme H~Matouse/(
VolUsid County, Cler~ af Court
CERTIFICATE NO.~
CERTIFICATE OF MAll.ING
I, DIANE M MATOUSEK, Clerk of the Circuit Court in and for the SWe and County aforesaid, do hereby
certifY that on 20m of pcrOBER AD, 2lm. I mailed a copy of the attached Notice of Application for Tax
Deed, addressed to:
MIRIAM K TARNOPOL
MIRIAM K TARNOPOL
_I PO BOX 20784. OKLAHOMA cirY OK 73 t56.
II REGENCY APARTMENTS 55t aASrSEMORONBLVDAPTC-l2.
FERN PAlUC FL 32730
Witness my hand and official seal this 1QIH ofocroBER.@Ql.
DIANE M MATOUSEK
CLERK OF THE CIRCUIT COURT
THE IlOlDEROF ms TAX ~TE
APPUED FOR TAX DEED SAtE. PER FLORIDA
STAllJ'TE' S~91.512. THE CSlTIFlCATE OF
MMJNGNID.PROOF OF PUBl.lCA'OONAAE
BSNGRECOAOEllIN lllEPOllUC aECORO.
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BY: Q j.. ~-'i~
o L RtlEGGER. Deputy
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~'CauI Strod .
N.... SmJ'l1ll lIacll FL 3%161
inddcntallD Ik i_ of. ti<le insur..", policy.
FIle Numb<<: n5&36"
Pored I~ ~DQJ2
o
05/W~ 07:28 AM
Ia: s~ 700.00
(Tlilllrler .wt f loom)
Instrl..lenU ~-125lXi2
Book: 5324
Page: 4706
OJ
wAliRANrY DEED
(INDIVIDUAL)
This If' ARRA.NTY DEED, dated OSlI7120G4 by
RIcHARi:> 1.. S}> ANGLER AND SALl.Y E.l\fACKA Y, HIS WIFE AS TO AN L"NDlVlDED 11.20/, INTEREST
AND ROBERT B. SPANGLER, AN UNMARRIED MANAS TO ANUNDIVO>ED 1/4% INTEREST AND
CHRISTA Ie. TWOMEY. AN UNMARRIED WOMAN AS TO AN UNDIVIDED 1/4% INTEREST
whose post office address il::
108 Llncoln StrRt, New Smyrnllklch FL 32169
herci:naftcr called the GRANTOR. to
JOHN A. ADAMS
whose post office address is:
h=inaflc:r called the GRANTEE:.-.j
<Wh= mod h=ln !he lams 'GrllIItor" and 'GnmIcC' include all partica to Ihia Wtrumau and Ib:
hcUs, legal repn:searalivcs and as:slgns ofiDdividuW, lJld !he Suctasm wi -assips oC corpowi....)
WITNESSETH: That the GRANroR, !'or and in considc:ation oC Ibe sum of SIO.OO and other valuable eonsid=tions,
recdpt whereoc i. hereby acknowledged. hereby gRIIlIS. bargtins, sdh, aliens, remises. releases, conveys and confirms
"llIllo the GRANrEE, aU that cc:rtain land ~tuate in Volusm County.Rorida, viz:
A portlon of Block "E" and a pOrtiOD oCBlock "J1", LOYElOY'S 2ND SUBDIVISION in the Middle 3rd of the
AMllROSE 1WLL GRA1fr, a=nIiDl: to the plat lhtteor .. neorde4 In Map Book a. Plea US, oC the Public
Retcrdl oC VoIn"a Connty, Florida being desm"bed .. Collom: COlDJD<:nce I.t the Southeasterly coi:-na- of B\ocIt
"F", laid LOVEJOY'S INn SUBDTVISION; thence Nortlll1' 00' OO~ Waf, .long the Easterly JlJIe of..td BIotk
"F~, . dlstaace oC 1300.00 f<:et; thence South 69' 12' 53" West, . distance or 1548.64 roet ror the Polat or
lle:innio:: th.nce South 21" 00' 00" Etit, & distant. oC ~1.30 r..t; thence South. 69" 12' S3w West... distance DC
1548.14 Ccd:.thence North 21" 01' 46~ W.rt," di....e. of281.30 r..t; thence N.rth 69" 11' 53~ East,. dlsta.nce or
1548.19 feet to the Point of Beginnfnt,
SnbJect.to and together wltb . 30 Coot easement for ingren/eeress and ulilioo.destribed as Collo....: A portion of
Blode "E" and I portion of Block "F", LOVEJOY'S 2ND SUBDIVISION in lb. Middle 3rd of lbe AMBROSE
BULL GRANT, ItcordiDJ: to the plat thereof as reeorded in Map Boole I, Pace ps, or the Publle .Record. IiC
Volu"a CollDty, Florida brio: described ., foUow.: Commence at the SoutheuterJy D<lI'Der oC Block ~F", laid
LOVEJOY'S 1ND .SUBDIVISION; thence North 21" 00' OO~ Waf, aloo: th" Easterly line.or said Block ":\1". .
distance or 000 feet; thence South 69" 11' 53" Welt.. distuce oC 1548.Q4 f<:et; lbtAce SOllth 21. 00' OO~ East, .
dimmc:e oC US.65 Ceet Cor the Polat of Beeinning; thence continue Souf!121" ~O' 00" East, I dlrtancc of 30.00 red;
thence South 69" 12' 53" WClt, . distance of 12.54 reet: thence North.$' 47' 07" We'" a dlrtance or 1'1'7.69 fod;
th.nce Sooth 69" 11' 53" Wut, a disUnc:e DC 1631.58 leet to the Eastuly line .01 Old Minion Road, .s DOW
oecupied; thence North 02" 26' 47" West, along ..ld Eutuiy liD' oC Old KlSslon Road, a dlstanceof 31.61 red;
thence North 69" 13' 32~ East, a distance of-l634.07 reet; theDee South $' 47' 0'" East, a dirtaDCe oC177.69 f.et to
the Point of Beginning. .
Grantee- hereby warrants that the property described In this Instrument Is not his constltutlonal
homestead as provided by the Florida Constitution.
SUBJECT'TO covenants, conditiocs. restricliODS. rese:rvation<, limitations, easements and BgreciDcDtl oC =d. if my;
taxes and assessmcou for the year 2004 an4 subseqUCDl years; 8Dd to all appli~J. wning ard.inmte$ BndIor restrictions
and probibitioos Imposed by govcmmCDlJl! mtborlti.., if any,
TOGETHER. with all the lalc:rDe:ntS, hereditaments and appuntaallCCS th=io belonging or in anywbe appertaining.
,
J
!
TO HA.J7E AND TO HOW, the same in fee simple fo=.
AND THE GlUNTOR herclw COVenlI1l< with said GRANTEE tha1 except as above noted, the GRANTOR is lawfully
seized of said 1.00 in Cee simple; that the GRANTOR has good right and lawful authority 10 scIJ and couvr:y l'lid land;
that Ibe GRANTOR hereby fully warrant:; the title to said land and will defend the.same against Ih.e lawful claims of aU
persons whomsoever.
H
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. Pag.;'2
WamntyDa:d
Spangler et aI sit .ManIs
Book: 5324
Page: 4707
DIn: N. lI1ItlW:k
Yolnsfa ClurtY, CleO. lit CWrt
. ~
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State of Fi<lrlda
County oeVolasla
I am "!lOlaI)' pUblic: oflhe S1ale of Florid! and my colllIlli$sion expires:
'fHE11OR.EGOlN.O INSTRUMENT ..nacb>owlcdgcd before . DO 0S/1712(1l).4 ~
RICHARD 1.. sPANGLER AND ROllERI' Jl. sPAN
who~~l'1:uowu \0 _<<v.'hq hasllxoduccd
. _olS'_
Wl,-'Ilrlo,,_
~l1sr..._ ('~ r6r.i'
..........I1_N_ CI .;r. ~({((
5l3le.of Florida
County oCVoludt
)>y:
I
1
... .
IN WrrnEss WHEREOF, ORmroR has .i~ and .!Caled tht:se P~enI.'Ilht date set forth lbovc.
SIGNED IN THE P.I'.ESENCE OF TIlE: FOll.OWlNcrW.rrNESSES: ."
'-'..... ~
Wlu"..>l s,_ "(\~"",.....,..,,--, b ~";r . '. ~~':l;'
...........Prl,dl...., ~t,..U\,\ J:..' AK.TWO
. ......
_'2$1__ . (1..~ {1...:I-
""""...mriatt!.~J..l....!>t
':I
S:&tc of \'\rVnia Cllunt}/of 1i'cr:"J..~-t,:.,
1&mIl""tltyp<lr,IieOflhcs..t1:Df.YlD:1!lll..&:ldmyco~apires: 1.31- 0'7 .
THE FOREOOING INSTRUMENT 'Om acl:nowlcdc<<l bdDt<..... on Q"!11hM4 bY: ClDUSTA. K. 'IWOMEY
..ilo~UY"'O"1j'!D_.~~~""Pr<><h1ccd as 'o..tlddid..elJtoatb..
.::?:;:~~...:<~~;;.:
I.:i~~~' '...,,\'~ S~
Nowy.seOl;: c; :.,: . Flint Na.m::
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Prepared by
Judith~, In ~of
Assadab:d l.Jnd me Group, Inc:.
no ThIrd Averoe, Suites 1 6. 2
New SrTrfrna Ileac:h, flcr1da 32169
(386) 423-3S3S .
01/00/2005 02:25 PH
IQ: 5taIiJs 1400.00
(Traiisfer Aat $ 2fXXXXJ)
Inslnantl 2005-<Xl4222
Book: 5470
Page: 551
Rewm to: Gr.l~
File No.: 1018-700150
WARRANTY DEED
This Indenture made on January 03, 2005 A.D., by
John A. Adams
whose address Is: ,
hereinafb::r called ltJe "grantor", to
A.5.D. ProperUes Managemenl;, LLc., a Aorida Umlted Uablllly Company
whose address Is: P. O. Box 290131, Port Orange, FL 32129
herelnatter called .the "gnlntee.:
(Wh/dlll:nnS "GIantcr" ancl "Gtanbee"1iId hdude singu/ar II" pIura~ a>:poratfon II" hdMdllOl, ~ ellher~ and 5haU I!>dod< hcb, legal
're~ ~ was:slgns 01 the AllIe)
Witnesseth, that the granter, for and In consideration of the sum of Ten DoUars, ($10.00) and other
valuable COnslderatlons, receipt whereof Is hereby acknOWledged, hereby grants, bargains, sells, aRens,
remises, releases, conveys and continns unto the grantee, an that certain land sItuate In VolusJa County,
Florida, to-wIt:
.A.PORTION.OF BLOCK,...E': AND A PORTION OF BLOCl(~, l.OVEJOY!S2NDSUBDIVISIONIN .
. "tHE ~Dl.E3RD.QE THE,AMBROSE.HULL GRANTrACCORDING.c70.THEPl:ATi'rtJERECW;AS "
RECORDED"IN'MAP1JOOJrBi "Ab~i;u:" aFlHE"PUBLIC'RECOR.Ds':OF-:VOLUSIA!COUm::Yi~"'.
R.ORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEASTERLY CORNER
OF BLOCK OPt SAID l.OVEJOrS 2ND SUBDIVISION; THENCE NORm :u .00'000 WEST,
A1.ONG mE EA5TERL Y UNE OF SAID BLOCK "P# A DISTANCE OF 1300.00 FEET; THENCE
SOUTH 69"12'53. WEST;. A DISTANCE OF 1548.04 FEET t::OR TlfEPOINT OF BEGINNING;
THENCE SOl111f 2:1..00'00. EAST, A DISTANCE .OF 281.30 FEETj THENCE SOUTH 69012'53"
WEST, A DISTANCE OF 1548.;14 FEET; THENCE NORTH 21.01'46." WEST, A DISTANCE OF
2sl.3O FEET; nfENCE NORTH 6901:2.'53" EAST, A DIST'ANCE.OF 1548.29 FEET TO THE POINT
OF BEGINNING.
Pao<! 1 of .3
Ul1lI . 1llOlSll
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.ge 2 of. 3
Book: 5470
Page: 552
SUBJECT TO AND TOGETHER WI1lf A 30 FOOT EASEMENT FOR INGRESS/EGRESS AND
UTILITIES DESCRIBED AS FOLLOWS: A PORlION OF BLOCK "E" AND A PORTION OF BLOCK
"F", LOVEJOY'S 2ND SUBDMSION IN THE MIDDlE 3RD OF THE AMBROSE HUll GRANT,
ACCORDING TO THE PlANT THEREOF AS RECORDED IN MAP BOOK 8, PAGE 125, 01= THE
PUBLIC RECORDS OF VOWSrA COUNTY, FLORIDA BEING DESCRIBED AS FOllOWS:
COMMENCE AT THE SOUlliEASTERL Y CORNER OF BLOCK "P, SAID LOVEJOY'S 2ND
SUBDMSIONi UfENtE NORTH 21000'00" WEST, ALONG THE EASTERLY LINE OF SAID
BLOCK "P, A DISTANCE OF 1300 FEET; THENCE SOUTH 69012'53" WEST, A DISTANCE OF
1548.04 FEETi THENCE SOUTH 21000'00" EAST, A DISTANCE OF 125.65 FEET FOR THE PoINT
Of BEGINNING; mENCE CONllNUI; SOUTH 21 000'00. EAST, A DISTANCE OF 30.00 fEET;
lHENCE SOUTH 69012'53" WEST, A DISTANCE OF 12.54 FEET; .1ltENCE NORTH.65047'07"
WEST, A DISTANCE OF 177,69 FEET; THENCE SOUTH 69012'53" WEST, A DISTANCE OF
163L58 FEET TO 'OlE EASTERLY LINE OF OLD MISSION R~AD, AS NOW OCCUPIEDiTHENCE
NORTH 02026'47" WEST', ALONG SAID EASTERLY LINE OF OLD MISSION RO.lU), A DISTANCE
OF 3L61 FEET; mENce NORlH 69013'32" EAST, A DISTANCE OF 1634.07 FEET; mENCE
SOUTH 65047'07. EAST, A DISTANCE Of 177.69 FEET TO THE POINT OF BEGINNING.
ParceJ identification Number: 7344-0EHl6,.o032
The land is not the homestead of the Grantor under the laws and COnstlllltlOlll of the State. of Florida and
nelttler the Grantor nor any person(s) for whose support tfle Grantor Is responsible reslde on or adjacent
to~~~ .
Subject to all reservations, covenants, conditions, restrictions and easements of record and to all
applicable .Zl:lIlIng ordinances and/or resbictlons Imposeg by governmental authorJtjes, If any.
Together with all the tenements, hereditaments and appurtenancestheret:o belonging or In any way
appertaIning.
1'0 Have and to Hold, the same In fee simple forever.
And the grantor hereby covenants with saId grantee that the grantor Is lawfully seized of said land In fee
sImple; thlrt the grantor has good right and lawful authority to seD and CXlIlvey said land; that the granbJr
hereby fully warrants the title to said limd and wiD defend the same IIgalnst the iawful dalms of aD
persons whomsoever;:and that said land Is free of all encumbrances except taxes aCO'lllng subsequent to
December 31st of 2004.
In Wltne5S Whereof, the grantor has hereunto set thelr hand(s) and seal(s) the day and year first
above written.
Page2a'3
1018 . 7l101SO
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Book: 5470
Page = . 553 .. I
Dtam&.;jJ~ 1 -..,
YO IUSla' caiifY;i Clerk. of Ccxit
A~--". ~J'" ::...rl\. :.r..
---
,.. ~-
~~~Ot1!;;r;;resenre: .
~5lgnature .
Prl .,~ Judith A. Carte 'r
nt ,....me:
(:!ii' ,A.Jv>":U-
SIgna
PrlntName: Rachel Schmidt.
!
st:al:e of Florida
County of Valusia
The foregoIng Instrument Was Adcnc)wJedged ~ me on ~nuwy 03,2005, by :John A.
Adams who Isfare personalTy known to me or who ha!ifhave produced a valid drfvet's Ucense as
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Zohiiig Ordnutnce
. .'
'MH-1 MOBILE HOME PARK CLASSIFICATION
Purpose and Intent: The purpose and intent ofthe MH-1 Mobile Home Park Classification is to
provide areas for the use and development of mobile home parks. (Ord. No. 90-34, 9 22, 9-27-90)
Pennitted Prirlcipal Uses and Structures: In the MH-1 Mobile Home Park Classification, no
premises shall be used except for the following uses and their customary accessory uses or structures:
(Ord. No. 90-34, 922,9-27-90; Ord. No. 98-25, 9 VII, 12-17-98)
Communication towers not exceeding 70 feet in height above ground level. (Ord. No. 97-19,9 11,8-7-
97) .
Essential utility services. (Ord. No. 84-1, 9 III, 3-8-84)
Exel)1pt" ex~vations (refer to section 817.00(0)) and those which comply with anicle V/lJ of the Land
Development Code of Va/usia County [appendix A] and final site plan rev.iew procedures of this
ordinance. (Ord. No. 84.1, 9 III. 3-8-84; Ord. No. 89-20, S VI, 6-20-89; Ord. No. 90-34, 922, 9-27-90;
Ord. Nq. 2004-20, S V. 12-16-04) .
Exempt"landfills (refer to section 817.00(p)). (Ord. No. 89-20, S VII 6-ZQ-89; Ord. No. 9()"'34, S 22, 9-:27-
90)
. . Firs stations. (Ord. No. 92.~. .s XXV, 6-4-92)
Home occupations, class A (refer to section B07.00).
Houses of worship. (Ord. No. 2(>04-20, S V, 12-16c-.04)
Mobile home park!? meeting the r~quirements of $ection 809.00 and accessory launqry buildin1;ls
commissary, swimming pools and rec;reat;onal facilities. (Ord. No. 84-1, S XVIll, 3-8-84)
Public schools. (Ord. No. 92-6, 9 XXV, 6-4-92)
Publicly owned park~ and recreational areqs, (Ord. No, 92-6, S XXV, 6-4-92)
Publicly owned or regulated water supply wells. (Ord. NQ. 92-6, 9 XXV, 6-4-92}
PermItted Special Exceptions: Adl;1itional. regt,ilationslrequj~~m~nt~ governing pelT[litted special
~xception's are located. in sections 817;00 and H04.00 of this ordina.nce. (Ord. No. 90-34, ~ 22, 9-27-
90)
Excavations only for stormwater retention ponds for which a permit Is required by this ordinance. (Ord.
No. 84-1,9 VII., 3-~84; Ord. No. 89-20\ 9 VII. 6-20-89)
Mobile home sales accessory to a mobile home park (Ord. No, 2004-20, 9 V, 12-16-04)
Off-street parking areas (refer to section 817.00(n)). (Ord. No. 85-2, Sl, 3-14-85; Ord. No. 90-34, 322,
9~27-90)
Public uses not listed as a pe!'Trlitteq principal use. (Ord. No. 92-6, ~ XXV, 6-4-92)
Public utility uses and slructures (refer to section 817.00(a)). (Ord, No. 84-1, Sill, 3-8-'84)
Dimensional Requirements fo;- Mobile Home ParlC
Minimum project size: 10 acres. (Ord. No. 84-1, 9 XVIII, 3-8-84)
Maximum spaces per net acre ofland: 7, (Ord: No. 84-1, 9 XVIII, 3-8-84; Ord. No. 85-24. 9 VII. 10-10-
85)
Minimum mobile home space size:
Space area: 5,000 square feet.
Space width: 50 feel
Q
--)
- -)
"
Space depth: 50 feel
(Ord. No. 84-1, ~ XVIII, 3-8-84)
Minimum yarrJ size:
Front yard: 10 feel
Rear yard: 7 1/2 feel.
Side yard:
Abutting any space: 7 1/2 feet. (Ord. No. 81-39, S XVII, 11-19-81; Ord. No. 96-25, S VII, 12-17-98)
Waterfront yard: 25 feel (Ord. No. 62-20, S XIII, 12-9-82; Ord. No. 90-34, S 22, 9-27-90; Ord. No. 94-4,
S XXVII, 5-5-94)
Minimum floor area: 480 square feet. (Ord. No. 61-39, S XVII, 11-19-81)
Final Site Plan Requirements: Final site plan approval meeting the requirements of article 1/1 of
the land development code [appendix A] is required. (Ord. No. 88-2, S IV, 1-19-88)
Off-street Parking and Loading Requirements: Off-street parklng and loading areas meeting
the requirements of sections 810.00 and 811..00 shall be constructeq. (Ord. No. 90-34,.s 22, 9-27-90)
Landscape Buffer Requirements: A landscaped buffer area meeting the requirements of section
808.00 shall be constructed.
Skirting Requirement The area between the ground and floor level of the mobile home dwelling
shall be enclosed with block or decorative skirting. (Ord. No. 84-1, S XVII, 3-8-84)
(Ord. No. 2004-20, ~V, 12-16-04)
R
)
''')
MH-S URBAN MOBILE HOME
CLASSIFICATION
Purpose and Intent: The purpose and intent of the MH-S Urban Mobile "Home Subdivision
Classifica.tion is to provide medium-density areas for mobile home subdivisions. (Ord. No. 90:34,926,
9-27-90)
Permitted Principal Uses and Structures: In "the MH-5 Urban Mobile Home Subdivision
Classification, no premises shall be used except for the following uses and their customary accessory
uses or structures: (Ord. No. 90-34, 926,9-27-90; Ord. No. 98-25, S VII, 12-17:'98)
Communication towers not exceeding 70 feet in height above ground level. (Ord. No. 97-19, 9 II, 8-7-
97)
Essential utility services. (Ord. No. 84-1, S 11I,3-8-84)
Exempt excavations (refer to section 817.00(0)) and/or those which comply with article VlII.of the Land
Development Code of Volusia County [appendix AI and/or final site plan review procedures of this
ordinance. Card. No. 84-1, 9 III; 3-8-84; Ord. No. 89-20, 9 VI, 6-20:-89; Ord. No. 90-34, S 26, 9-27-90)
Exempt landfills (refer to section 817.00(p)). (Ord. No. 89-20, 9 VI, 6-20-69; Ord. No. 90-34, 926,9-27-
90)
Fire stations. (Ord. No. 92-6, S XXIX, 6-4-92)
Home occupation~, class A (refElt to section 807.00).
Houses of worship. (Ord. No. 2004-20, S V, 12-16-04)
Parks .and recreation areas accessory to the development.
Public schools. (Ord. NQ. 92-6, ~ XXIX, 6-4-92)
Publicly owned parks and recreational a~as. (Orel. No. 92-6, S XXIX, 6-4-92)
Publicly owned or regulated water supply wells. (Ord. No. Q2-6, 9 XXIX, 6-4-92)
Single-family standard, manufactured modular or mobile home dwelling.. (Ord. No. 98-2S, " S VII, 12-17-
98; Ord. No. 2004-20, 9 V, 12-16-04)
(Ord. No.2004~20, 9 V, 12-16-04)
Permitted Spacial Exceptions: Additional regulations/requirements governing permitted special
exceptions are located in sections "817.00 and 1104.00 of this ordinance. (Ord. No. 90-34, S 26. 9-.21-
9~ ·
Communication towers exceeding 70 feet in height above ground level. (Ord. No. 97-19, 9 II, 8-7-.97)
Excavations only for storrnwater retention ponds for which a permit is required by this ordinance. (ord.
No. 84-1. 9 VII, 3-8-84; Ord. No. 89-20, 9 vii, 6-20-89) "
Garage apartments.
Off~street parking areas (refer to sectio)1 817.00(n)). (Ord. No. 85-2, S 1,3-14-85;. Ord. No. 90-34, S 26,
e:.Z7 -90) "
Public uses not listed as a permitted principal use. (OJ1!.. No. 92-6, 9 XXIX~ 6-4-92)
Public utility uses and structiJres(referto section 817.00(a)). (Ord, No. 84-1, ~ III, ~-8-84}
Recreational areas (refer to section 817.00(c)). (Ord. No. 84-1,9 XXII, '3-8-84; Ord. No. 92-6, S XXIX,
6-4.92)
Schools, parochial or private (refer to section 817.00(d)).
s
....'\
)
(0 rd. No. 84-1, S XXII, 3-8-84; Ord. No. 98-25, S VII, 12-17-$?)
Dimensional Requirements:
Minimum lot size:
Area: 5,000 square feet. (Ord. No. 94-4, 9 XXXI, 5-5-94)
Width: 50 feet. (Ord. No. 94-4, ~ XXXI, 5-5~94)
Minimum yard requirements: (Ord. No. 98-25, 9 VII, 12-17-98)
Front yard: 20 feet
Rear yard: 15 feet.
Side yard: 5 feet. (Ord. No. 81-39, 9 XXI, 11-19-81; Ord, NQ. 98-25, S VII, 12-17-98)
Waterfront yard: 25 feet (Ord. No. 82-20, S XIII, 12-9-82; Ord. No. 90-34, 926, 9-27-90; Ord. No. 94-4.
S XXXI, 5-5-94)
)
Maximum height: 35 feel
Maximum lot coverage: The total Jot area covered with principal and accessory buildings shall not
exceed 35 percent (Ord. No.. 94-4, 9 XXXI, 5-5-94)
Minimum ffoar area; 720 square feet. (Ord. No. 84-1, ~ XXII, 3-8-84)
Off-Street Parldng and Loading RfJqulrements: Off-street parking and loading areas meeting
the requirements of sections 810.00 and 811.00 shall be .constructed. (OreL No. 90-34, S 26; 9-27-90)
Skirting Requirements: The area between the ground and tloor lellels of the mobile home
dwellihg shall be eliclosed with block or decorative skirting. {Ord; No. 84-1, ~ XVII, 3-8-'84)
Types of Signs Permitted.:
Ground signs (refer to section 822.00 et seq-. for additional regulations). (Ord. No. 86-16, 9 IX, 10-23-
86)
Projecting signs (refer to sectiot'l 822.00 et seq. for adClitional regulations). (Ord. No. 86-16, siX, 10-23-
86)
(Ord. No. 2004-20, $ V, 12-16-04)
T
'OJ
)
MH-7 MOBilE ROME PARK
CLASSIFICA TJON*
"Editor's note: The MH-7 classification was added by 9 XXIII of Ord. No. 84-1, adopted Mar. 8,
1984.
Purpose and Intent: The purpose. and intent of the MH-7 Mobile Home Park Classification is to
provide areas for the use and development of mobile home pqrks. (Ord. No. 90-34, 9 28, 9-27-90)
Permitted Principal Uses and Structures: In the MH-7 Mobile Home Park Classification, no
premises shall be used except for t.he following uses and their customary accessory uses or structures:
(Ord..No. 90-34, S 28,9-27-90; Ord. No. g8-25, S VII, 12-17-98)
Communication towers not exceeding 70 feet in height above ground Jevel. (Ord. No. 97-19, ~ II. 8-7-
97)
Essential utility services.
Exempt excavations (refer to section 817.00(0)) and/or those which comply with artiGle VIII of the Land
Development Code o(voru~i~ County [appendixA]and/or final site plan review procedures of this
ordinance;. (Ord. No. 89-20,9 VI.6.,.2D-89; Ord. No. 90-34, ~ 28,9:'2.7-90)
Exempt landfills (refer to, section B17.00(p)). (Ord. No. 89-20, 9 VI, 6-20-89; Ord. No. 90-34, 928, 9-27-
90)
Brestations. (Ord. No. 92.:6, ~ XXXI, 6'-4-92)
Home occupations, class A (refer to section 807.00).
Houses Qfworship. (Ord. No. 2004-20,9 V, 12-16-04)
MOQile home pa~s'lT)eeting the requirements of section 809.0Q and accessory laundry buildings,
commisSary; swimming pools and recreational facilities.
Public schools. (Or-ct No. 92-6, ~ XXXI. 6-4-92)
Publicly owned parl<s and recreational areas. (Ord. No. 92.:5, $ XXXI, 6-4-92)
P~blicly owne!:! or regulated water supply wells. (Ord. No. 92-6, 9 XXXI. 6-4~92)
PermitteQ Special Exceptions: Aqditional regulations/requirements governing permitted special
exceptio lis are located in sections 817.00 and 1104.00 of this ordinance. (Ord. No. 90-34, S' 28,9-27-
90)
Excavations only for starmwater ret~ntion ponds for which a permit is requir~dQY this ordinance of
Volusia County. (Ord. No. 89.20, 9 VII. 6-20-89) ,
Mobile home sales accessory to:a mobile home park.
Pub/icuses not listed as a permitted principal use. (Ord. No. 92-6, 9 XXXI, 6-4-92)
Public utility uses and structures.
Off-street parking areas (reterto section 817.00(n)). (Ord. No. 85-2, S 1,3-14-85; Ord. NeL 90-34, S 2_8,
9-27-90)
Dimensional Requirements:
Minimum project size: 10 acres.
u
--)
Maximum number of spaces per net acre of land: 4. (Ord. No. 85-24, S'X, 10-10-85)
Minimum mobile home space size:
Space area: 5,000 square feet.
Space width: 50 feet.
Space depth: 50 feet.
Minimum yard requIrements:
Front yard: 10 feet.
Rear yard: 71/2 feet.
Side yard:
Abutting any space: 7 1/2 feet. (Ord. No. 98-25, S VII; 12-17-98)
Waterfront yard:.25 feet (Ord. No. 90-34, S 28, 9-27-90; Ord. No. 94-4, 9 XXXUl, 5-5-94)
MinImum floor area: 720 square feet
Final Site Plan Requirements: Rnal site plan approval meeting the requirements of article liT of
the land developm~nt coge [appendix AJ is. required. (Ord. No. 88-2, 9 IV, 1-19-88)
Off-Street Parking and Loading Requirements: Off-street parking and loading space meeting
the requirements of sections 810.00 and 811.00 shall be constructed.
Landscape Buffer Requirements: A land~caped buffer. area meeting the requirements of section
808.00 shalf be constructed.
Skirting Requirement: The area between fhe grourid and floor level of the mobile home dwelling
shan be enclosed with bloc~ .or c,iecorative skirting.
(Ord. No. 2004-20, S V, 12-16-(4)
v
-)
..-)
RC RESOURCE CORRIDOR
CLASS/FICA T/ON*
*Editor's note; The RC classification was added by 9 7 of Ord. No. 90-34, adopted Sept. 27, 1990.
Purpose and Intent: The purpose and intent of the RC Resource Corridor Classification is to
provide protected, natural corridors consisting of environmentally sensitive and ecologically significant
lands which connect to other protected areas such as parks and water bodies. The corridor shall
provide a contiguous hydroec%gical pathway, where the wetlands and uplands are integrated and
conducive to the maintenance and perpetuation of the system.
Permitted Principal Uses and Structures: In the RC Resource Corridor Classification, no
premises shall be used except forthe followinQ uses and their customary accessory uses or structures:
Apiaries; provided, however, that the RC dassifiedarea does not comprise part of a lot classified for
residential, commercial, or industrial use. (Ord. Nd. 94--4, ~ XII, 5-5-94)
Aquatic;: preserves (state or feder,,!/ ~esignated).
Aviaries; provided, however, that the RC dassifled area does not compri~ part pf ~ lot classified for
residential, commercial, or industrial use. (Ord. No. 94-4, ~ XII, 5-5-94)
Boat docks not.exceeding 500 square feet. (Ord. No. 98-25, ~ VII, 12-17-98)
Comml,lnication towers not eJ(ceeding 70 feet in heighfabove ground level. (Ord. No. 97-19, ~ II, 8-7-
9?)
Essential utility services.
Elcempt excavations (refer to section 817.DO(0))and/or those.whi.ch comply Wllh article III oflhe Land
Development Code of V6fusia CoUrity [appendix A] and/or final plan revieW procedures of tbis
ordinance..
Fire stations. COrd. No. 92-6, S X, 6-4-92)
Fishing, hunting and wildlife mana!)ement areas.
Historical or archeological sites.
Hobby breeder. (Ord. No. 92-6, ~ x.. 6-4-92)
Home occupations, class A (refer to section 807.00). COrd. No. 98-25,~ VII, 12-17-98)
Pasture for the grazing, boarding or raising of livestock, subject to the maximum lot coverage
requirements below. COrd. No. 94-4, 9" XII, 5-5-94)
Publicly owned parks and recreational areas. (Ord. No. 92-6, 9 X, 6-4-92)
PUblicly owned or regulated water supply wells. (Ord. No. 92-6, S ~.6-4~92)
Sil:vicultural operations, which folloW the most up to date state-prescribed best management practices.
(Ord. No. 98-25, ~ VII, 12-17-98)
Sir.Jgle-family standard or manufactured modular dwelling. COrd. No. 92-6, ~ X, 6-4-92;' Ord. No. 2004-
20, SV, 12-16~04)
Worm raising, provided, however, that the RC classifieq area cioes not comprise part of a lot classified
for residential, commercial, or industrial use. (Ord. No. 94-4, S XII, 5.5-94) .
(Ord. No. 92-6, S X, 6-4-92; Ord. No. 98-25, S VII, 12-17-98)
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Permitted Special Exceptions: Additional regulations/requirements governing permitted special
exceptions are located in sections 817.00 and 1104.00 of this ordinance:' --
Communication towers exceediiig?O feet in'height above ground leveL COrd. No. 97~19, S II, 8-7-97}
Except for those permitted principal uses and special exceptions listed hereunder, all agricultural
pursuits, including the processing, packaging, storC!ge and sale of agriculture products which arerClised
on the premises; provided however, that the total land area devoted to agricultural uses, including
improved pasture, does not exceed 20 percent at the total lot area zoned RC and further provided that
the RC classified area does not comprise part of a lot classified for residential commercial, or industrial
use. COrd. No. 94-4, S XII, 5-'5-94}
Hunting camps. COrd. No. 94-4, S XII, 5-5-94; Ord. No. 98-25, S VII, 12-17-98)
Mobile home dwelling. (Ord. No. 92-6, S X, 6-4-92)
Public uses not listed as a permitted principa/use. COrd. No. 92-6, S X, 6-4-92}
Public utility us~s and structures (refer to section 817.00(a)).
Riding stables. (Ord. No. 94-4, S XII, 5-5-94)
Dimensional Requirements fQr Lots, Parcels and Tracts of Land Zoned in its entirety as
Resource Gonidor. (Ord. No. 92-6, S X. 6-4-92; Ord. No. 94-4, S XII, 5-,5-94)
Minimum lot sizes:
Area: 25 aGre~.
Width: 150 feet,
Minimum yard size:
Front yard: 50 feet. (Ord. No. 94-4, S XII, 5-5-94)
Rear yard: 50 feet.
Side yard: 50 feet. (Ord. No. 944, S XII, 5-5-94; Ord. No. 98..:25, ~ VII, 12-17-98)
Waterfront yard: 75 feet. (Ord. No. 94-4, ~ XII, 5-5-94; Ord. No. 98-25; -~ VII, 12-17-98)
Maximum building height: 45 feet. (Ord. No. 92-6, S X, 6-4-92)
Maximum lotc/earance and coverage: Lot clearance can not exceed 20 percent. The total cleared lot
area .covered with principal and aeces'sory buildings shall not exceed 10 percent. COrd. No. 92-6, 3 X, 6-
4-92)
Minimum Door area: 750 square reet.
Dimensional Requirements for Lots,. Parcels or Othet Tracts of Land Which Are Zoned a Mixture
.of RC and Another Zone Classification: In Instances where Resource Corridor boundaries. split existfng
lots parcels or tracts of land, the s!Jbject property may be subdiVided into lots meeting the minimum lot
area and width r~uirernents of the zoning classification of the prop-erty not classified as Resour.ce
Corridor, providing that Resource Corridor classified lands are not counted as meeting part of the
minimum lot area or lot width I'E!qulrements of the other zone classification. tn such instances, there
shall be no minimum area or width requirements for the portion of the lot classified as Re. Development
of lots c1assif1ed as a mixture of RC and another:zone classification shall be subject to the provisions of
section 400.10 ot this ordinance.
Minimum lot size:
Area: No minimum for the portion of the lot classified as Re, providing that the minimum area
requirement for the portion of the lot classified other than RC is met.
Width: No minimum for the portion at the lot classified as RC, providing that the minimum with
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requirement for the portlon of the lot classified other than RC is met.
Minimu~ yaf!1 siz.es: As~ro~!ded for under section 400.10 of this ordinance.
Maximum building height: 45 feet.
Maximum fot coverage: Lot clearance on the portion of the lot classified as RC cannot exceed 20
percent, and no more than 10 percent of the portion of the lot classified as RC may be <:overed with
principal and accessory buildings. The portion ofthe lot classified other than RC shall be subject to the
maximum lot coverage requirements of that zone classification.
Minimum floor area: As required for the portion of the lot not classified as RC. (Ord. No. 92-6, 9 X, 6-4-.
92) .
Off-Street Parking and Loading Requirements: Off-street parking and loading areas meeting
the requirements of sections 81 0.00 and 811.00 shall be constructed. (Ord. No. 92-6, 9 X, 6-4-92)
Skirting Requirements for Mobife Home Dwefling: The area between the ground and floor of the
. mobile home dwelling shall be enclosed with skirting. (Ord. No. 92-6, 9 X, 6-4-92)
(Ord. No. 2004-20, 9 V. 12-16-04)
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QUALIFICATIONS OF THE APPRAISER
)
Peter A. Gagne
686 Breckenridge Drive
Port Orange, Florida 32127
,~
PROFESSIONAL AFFILIATIONS:
State-Certified General Real Estate Appraiser, Certificate No. RZ1041
Licensed Real Estate Broker, State of Florida
PROFESSIONAL EDUCATION:
Bachelor of Science Degree in Marketing, North Adams State College, North Adams, Massachusetts, 1983
Successful completion of the following Appraisal Institute courses and/or examinations:
Real Estate Appraisal Principles, June, 1986 Case Studies in Real Estate Valuation, March, 1989
Basic Valuation Procedures, June, 1986 Residential Valuation, March, 1989
Capitalization Theory & Tech Part A, May, 1987 Report Writing & Valuation Analysis, Nov., 1991
Capitalization Theory & Tech Part B, October, 1987 Standards of Professional Practice, November, 1994
Standards of Professional Practice, September, 1988
Attendance at various seminars including:
Rates, Ratios, and Reasonableness, March, 1988
Easement Valuation, October, 1988
Developments in Income Property Valuation, Dec., 1988
Accrued Depreciation Seminar, February, 1994
Appraisal Standards & Ethics, March, 1994
In The Wake of Natural Disasters, April, 1996
USPAP Update, 1996, 1998,2000,2002,2004,2006
How To Appraise A Business, June 2002
EXPERIENCE:
FHA Appraising, April, 1996
Appraising 1-4 Family Res. Rentals, March, 1998
Appraising Wetlands, October, 2000
Environmental Hazards Impact on Real Estate
Value, October, 2000
Appraising Conservation Easements and Other Less
than Fee Interests, October, 2000
Independent Fee Appraiser, August, 1991 to Present
Southern Appraisal Corporation, September, 1986, to July, 1991
Adams, Cameron & Company, September, 1984, to August, 1986
PARTIAL LIST OF CLIENTS:
Florida Department ofNaturaI Resources
Florida Power and Light Company
Bank at Ormond-By- The-Sea
Zev Cohen & Associates, Inc.
V olusia County
Coquina Bank
Colonial Bank
City of Ormond Beach
Raymond, Wilson, Conway, Barr, HahI & Jenkins, P.A.
Daytona Beach Housing Authority
First Union National Bank of Florida
Metropolitan Mortgage & Securities
Department of Environmental Protection
DaYtona Beach Regional Airport
SouthTrust Bank
Peoples First Community Bank
Prosperity Bank
Intervest Construction, Inc.
SunTrust Bank of Vol usia County
Moneytree Financial Services, Inc.
Prudential Mortgage Capital Company, L.L.c.
NationsBank
Flagler County
Flagler County School Board
City ofPort Orange
Cobb, Cole and Bell
Southern Bell
Ossinsky & George, P.A.
Volusia County School Board
Heebner, Baggett & Daniels, P.A.
The Trust For Public Land
Palm Coast Utility Corp.
Ameriquest Mortgage Company
Peninsula Bank
Commercial Bank of Vol usia County
Sunshine State Bank
BB
)
QUALIFICATIONS QFTHE APPRAISER
SOUTHERN APPRAISAL CORPORATION
Charles D. Spano, Jr., MAl, SRA
P. O. Box 3687 - OImond Beach, Florida 32175
Email: southernappraisal@cfl.ri-.com
MEMBERSHIP:
Member, Appraisal Institute
Designation: MAl with Appraisal Institute, Certificate No. 7210
Past President of Chapter 168, Society of Real Estate Appraisers 1990
Local, State, and National Realtor Organizations
EDUCATION:
B.S. Degree in Biological Sciences, Florida State University, 1969
Head of Science Department and Instructor in Physics, Chemistry,
and Biology, Chattahootchee, Florida, High School, 1969-70.
Mathematics Instructor, Seabreeze Senior High School, 1970-71.
Successful completion of the following A1REAISREA courses:
COUISe I-A Basic Appraisal Principles,'Methods, Techniques
COUISe I-BCapitalization Theory & Techniques
COUISe vm Single Family Residential Appraisal
COUISe 2-1 Case Studies
CoUISe 2-2 Valuation Analysis and Report Writing
CoUISe 2-3 Professional Standards
Course 2-3 Professional Standards
Course 400 National USP AP update
Course 420 Business Practices & Ethics
COUISe 430 Standards Part C
USP APfLaw Core Law/Standards Update
Disasters Appraising After Natural Disasters
Attendance at various Institute, Society, and other professional association
sponsored educational seminars - 2006 most recent
Currently certified under both Appraisal Institute and
State of Florida Continuing Education Guidelines
LICENSE:
. State-Certified General Real Estate Appraiser, Cert.# RZ 1159
licensed Real Estate Broker - State of Florida
EXPERIENCE:
Independent Fee Appraiser, Daytona Beach, Florida, since June, 1972
PARTIAL LIST OF CLIENTS:
U.S. Department of Interior
County of Brevard
County of Vol usia
City of Daytona Beach
Federal Savings & Loan
City ofHolly Hill
City of Port Orange
City of Ormond Beach
City of South Daytona
City of Bunnell
Florida Power & Light Company
Southern Bell Telephone & Telegraph
Bellemead Development Corporation
Continental Mortgage Insurance Co.
St. Johns River Water Management Dist.
Sun Bank of Vol usia County
Consolidated-Tomoka Land Company
Charles Wayne Group, Ltd.
Florida Inland Navigation District
Volusia County School Board
Various Co=ercial Properties
Peninsula Bank
People's First Bank
SunTrust Bank
Daytona Beach Regional Airport.
Southern Co=unity Bank
Florida Co=unities Trust
First Florida
Florida National Bank
Manufacturer's Hanover Trust
Empire Federal
Duval Federal Savings & Loan
Coast Federal Savings & Loan
American Pioneer Savings & Loan
Harbor Federal Savings & Loan
ITTCDClPalm Coast
Southeast Mortgage Company
McCaughan Mortgage Company
PM! Mortgage Company
Rotaler Corporation
Phipps-Harrington Corporation
Federal Deposit Insurance Corp.
Various estates
Mondex Realty
May-Zima and Associates
Palm Coast Utilities
Flagler County School Board
Florida Dept. ofNaturai Resources
Coquina Bank
Florida Co=unities Trust
Prudential Mortgage, LLC
Various condemnees
Sunshine State Community Bank
Trust for Public Lands
CC
)
1973
1975
1975
1984
1984
1984
1987
2004/2006
2003
2000
2002
1996
Sacks-Martin Realty
Security First S & L
NMA
U.S. Postal Service
Falcon Development
Republic Funding Corp.
Security First Federal
County of Flagler
U.S. Postal Service
Resolution Trust Corp.
Dept. Of Environmental Rg
Federal Aviation Admin.
Nature Conservancy
Florida Dept. Of Law
Enforcement, Securities
Fraud Unit
Florida Dept. Of Transportation
Cypress Bank
First Union Corporation
SunTrust Banks
Barnett Banks
Prosperity Bank
Colonial Bank
US Appraisal
Nations Bank
City of Flagler Beach
NASCAR
".----.._.
-.
..... .-- -----D_QJl_AN~-LEll,-ANSAY--&--KUNJUD. .
. ATTORNEYS
A PARTNERSHIP OF PROFESSION.U ASSOCIATIONS
CAROLYN S. A.NSA.Y
MICHAEL CIOCCHETTI
THEODORE R. DOa....N
AUDRIE M. HARRIS
JASON R. HAWKINS
MICHAEL A. KUNDID
AARON R. WOLFE
444 SEABREEZE BOULEVARD. SUITE 800
DAYTONA BEACH.. FLORIDA 32118
D.A.YTONA B.RA..CH OPFICB:
POST OFFICE BOX 15110
DAYTONA BEACH. FL 321I5
(386) 253-1111
FACSIMILE (386) 253-4260
WBBT PA.LM BBA.CH QpFICB:
777 S. FLAGLER DRIVE
SUITE 800 WEST TOWER
WEST PALM BEACH. FL 33401
(561) 802-3334
TOLL FREE (888) 301-3166
EMAIL lawfuID@doranlaw.GOID
REPLY TO:
Dayto/la Beach
cansay@doranlaw.com
August 13,2007
VIA FACSIMILE AND U. S. MAIL
Ty Harris, Esquire
Storch, Morris & Harris
420 South Nova Road
Daytona Beach, FL 32114
Re: Vested Rights Determination - ASD Properties Management, LLC
Dear Ty:
I am in receipt ofthe vested rights determination application filed with the City of Edge water (the
"City") by you on behalf of ASD Properties Management, LLC. The application was received by the
City on July 11,2007.
Pursuant to Section 21-07.06 of the City's Land Development Code, the City Manager in
consultation with the city attorney shall determine if the application is complete within thirty days after
it is filed. If the application is incomplete, the applicant may be granted an additional 1 0 days to provide
information to make the application complete. It appears that a portion of the vested rights
determination sought by your client is based upon Section 21-07 .03( a)(2). While an affidavit and certain
documents were provided in support of this contention, the City is willing to grant an additional 1 0 days,
or until August 23, 2007, in which your client may provide additional information in this regard.
Specifically, any additional facts or evidence related to the "clear and unequivocal act or promise by the
City" will assist staff in processing the application.
I apologize that I have been unable to reach you by telephone to discuss tlus matter in greater
detail. However, should you have any questions or comments upon receipt of this correspondence,
please do not hesitate to contact me.
rrrelY,
\_~J
Carolyn S.
.-.-.-~
CSA:kl
8{~~{2BB7 11:22
3864242421
CITYOFEDGEWATE
PAGE 02/03
Prepared By.:
RECEIVED
Ty Harris, P .A.
420 S. Nova Road
Daytona Beach, FL 32114
AUG 2, 2.. 2007
CITY ATTORNEY
SUPPLEMENT AL AFFIDAVIT
STATE OF FLORIDA
COUNTY OF VOLUSIA
BEFORE ME, the undersigned .notary public, personally appeared Rodney Jones, wb.o~
having been first duly sworn accordi.ngly to law, deposes and says:
J, Rodney Jones, am a partner in ASD Properti.es, and an owner of approximately 110 acres
located east of Old Mission Road. and south of Josephine Street in the City of Edgewater, Florida.
In February, 2005, Rodney and Bradley Jones met with Ken Hooper, Former City Manager
of Edge water, FL, Terry Wadsworth, Darren Lear and Liz McBride to discuss the City's interest in
annexing their 110 acres .into the City of Edge water. This was brought on by Rodney Jones asking
. for a letter from the City of Edgewater. Denying Water and Sewer for their site from the City. This
would allow them to be serviced by the ~ity of New Smyrna and keep their project in the county.
Ken Hooper told Rodney and Bradley Jones that the City would like.to annex their project
and would approve the com.prehensive plan change and .re-zoning to allow for the project. He was
well aware of their interest to have a mobile hom.e park with 50 x 100 lots. .Mr. Hooper insured them
that the City would do wh.at ever they needed to help annex into the City ofEdgewater and approve
the p:r~ject. . .
n,is Affidavit is executed this .;:o~y of August, 2007.
Signed, sealed and delivered
in the presence of:
. . <<~l--
Print.a N : '- ~"~t'>ir\- ..IDe.
~ '/f'. ./. .
~ ','f.
Printed Name: ,ria I'- t:
RODNEY JONES
STA TB OF FLORIDA
,,_ 2El137 11: 22
3854242421
CITYOFEDGEWATE
PAGE El3/El3
COUNTY OF VOLUSIA
THE FOREGOING INSTRUM~ was acknowledged before me this ,;).6-f'Yaay of
August, 2007 ~ by Rodney Jones, who [ r-iis personally known by me or [ ] provided a -:7
driver's license as identification. . .. .,/ /(
.~~ .'-'~/
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N~tary Public St~f Florida j
Pnnted Name: I~I (J..i1 ~-
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/
CITY OF EDGE WATER
POST OFFICE BOX 100 . EDGEWATER, FLORIDA 32132-0100
Mayor Mike Thomas
District 1 Councilwoman Debra 1. Rogers
District 2 Councilman Dennis A. Vincenzi
District 3 Councilwoman Harriet B. Rhodes
District 4 Councilwoman Judy Lichter
City Manager Jon C. Williams
City Clerk Susan 1. Wadsworth
City Attorney Carolyn S. Ansay
Paralegal Robin L. Matusick
October 22, 2007
Ty Harris, Esquire
. 0 Storch, Morris & Harris
420 South Nova Road
Daytona Beach, FL 32114
Re: Vested Rights Determination - ASD Properties Management, Inc.
Dear Mr. Harris:
In accordance with Section 21-07.06 of the City of Edge water Land Development Code, as the City
Manager for the City of Edgewater, I am issuing a written vested rights determination for the
following real property:
110 +/- acres located east of Old Mission Road and Sout~ of Josephine Street
(parcels'# 7344-09-00-0010, 7344-06-06-0010, 7344-06-05-0020,
7344-06-06-0032 and'.7344-09-00-0790)
Upon review of your application, the materials in the file, and'other evidence available to me, I have
found the following:
1. The project has not been issued a final development order and you have not
commenced development as of the date of submittal of the subject application.
2. r cannot firid that ASD Properties Management, rnc: has made a substantial change
in position or incurred extensive obligations relative to the project, based upon "some
. clear and unequivocal act or promise by the City." Mr. Jones, a partner in ASD
Properties Management, Inc., asserts in his Affidavit and Supplemental Affidavit
dated August 20, 2007, that he relied, among other things, upon the following actions
or promises of the City: 1) assurances from the former City Manager that the City
"would like to annex their project and would approve the comprehensive plan change
and re-zoning to allow the project, 2) assurances from the former City Manager that
"the City would do what-ever they needed to help annex into the City of Edgewater
and approve the project," 3) the City ultimately approved annexation of his property,
and 4) the CitY ultimately approved amendment to the City's Comprehensive Plan.
o However, after revie-w. of all of the facts, I cannot find any "dear and unequivocal act
or promise by the City" that would give rise to the existence of vested rights. Neither
(LetterlLtr-2007 -055)
CITY MANAGER'S OFFICE
(386)424-2400 ext #1202
104 NORTH RIVERSIDE DRIVE
FAX (386)424-2421 or 424-2409
.....,
the fonner City Manager, the Development Services Director nor the Environmentai (
Services Director recall any statements or assUrances rising to the level necessary to
grant vested rights being made to ASD Properties Management, Inc. during the
February 2005 meeting, or at any other time.
3. The City has not entered into a development agreement which expressly grants vested
rights to all or a portion of the project. In fact, a draft Planned Unit Development
(PUD) agreement was prepared and being discussed; however, since it contained
many of the terms that ultimately made their way into the Code and are objectionable
to ASD Properties Management, Inc., the PUD agreement was neVer finalized or
executed. .
Based on the foregoing, and in accordance with Section 21.07.03 of the Land Development Code,
I f1J)d the projeGt cannot be deemed to have vested rights in whole or in part.
You may appeal this detennination for review by the City Council by filing a request with the City
Clerk within thirty (30) days of the date of this letter. Should you have any questions regarding this-
determination or the procedure for detenniriing vested rights, please' do not hesitate to contact me.
.~ .
,~l~
Jon Williams,
City Manager
cc:Carolyn S. Ansay, City Attorney
(Letter/Ltr-2007-055) .
~ 11/1A/2BB7 11:13
.- --_...:.-- {.;'-'- .-.
3854242421
CITVOFEDGEWATE
PAGE B2/03
. 1-'I.~:-07^ lO::q f(CVD
. ,.1
/
I
-. ,
MILLER, SOUTH 8 MIWAUSEN, P. A.
ATTORNEYS AT LAW
RJCHARD D. BMTER
TEP.ES^ EYEIWAN
D. IlRADLliY HISTER
SI-IEJ:t.RY LAMlISON- EISELE
JUFIUY F. Mlu-tAUStN
J. GA!\.Y MIllE!\.
scOTT R. ReST'"
ANCEU, D. SHAW
^-PIUANA C. Sl-\IM:EAl.L
D. .SCOTT SOIm-l
I. TOOD SOurH
e/'JEWAY cnNTER
1000 LEGION PLACE. SUITE 1200
ORU\NDO. FLOR.JDA 32601 RECE
fVEn
NOV 1 4 ZOOI
CITY ATTORNEy
TELEPtiONJ::
(407) 539-1636
FACSIMlLE:
(407) 539-2679
.DO^1lD CE!\.i1RW 81'
THE J'\.OIUD^ liAR IN
&USlNlSS ~T1G^lION
November. 13, 2007
VIA CERTIFIED MAIL AND U.S. MAIL
Susan J. Wadsworth, City Clerk
City of Edgew~ter
Post Office Box 100
Edgewater, FL 32132-0100
RE: Appeal of Vested Rights Determination. ASD Properties Manllgement, Inc.
Dear Ms. Wadsworth:
In accordance with 921.07.06(c) of the City of Edgewater Land Development Code, ASD
Properties Management, Inc., Rodney Jones and Bradley Jones (hereinafter collectively referred
to as <<ASD Properties") hereby file this appeal of the City Manager's Vested Rights
Determination. so that the City Council may make a fmal decision in this matter.
ASD Properties sought the Vested Rights Determination in r~gard to that propeny more
particularly described as:
110:1: acres located east of Old Mission Road and South of Josephine Street
Parcels # 7344-09-00-0010,7344-06-06-0010,7344-06-05-0020,
7344-06-06-0032,. and 7344-09-00-0790
(the ('Property"). City Man.ager, Jon Williams, issued a Vested Rights Determination on October
22, 2007 finding no rights to have vested with regard to the Property and the proposed
development thereof.
It is the position of ASD Properties that it has "(1) relied 'in. good faith and in reasonable
reliance upon clear and unequivocal act or promise of the City, and (2) have made such a
substantial change in position and incurred such extensive obligations that it would be highly
unequitable or unjnst to destroy the rights which (ASD Properties] has 1'icquired." pl-
07.03(a)(3), City of Edgewarer Land Development Code.
~> 11 (.lA/2ElEl7 11: 13
3854242421
CITYOFEDGEWATE
PAGE El:3/El3
-- --.-' -..
Susan Wadsworth, City Clerk
November 13, 2007
Page 20f2
Specifically, in February 2005, ASD Properties attended a meeting with several City of
Edgewater officials, including fonner Ci.ty Manager, Ken Hooper. As a result of that meeting
and based upon the assurances of those City officials and Mr. Hooper, ASD Properties changed
its position substantially by, among other things, seeking the annexation of the Property into the
City of Edgewater. Please note that if ASD '.Properties had not sought annexation in reliance on
the City's assurances, the development project would not have been subject to the City of
Edgewater Land Development Code. ASD Properties is now faced with the substantial
diminution in the value of tbe property directly attributable to the annexation of the property into
the City of Edgewater. Additionally, ASD Properties has expended almost Nine Hundred
.Thousand Dollars ($900,000.00) in furtherance of and in accordance with the plans discussed at
the February 2005 meeting.
At the very least, Ken Hooper's statements regarding the City's wish to anne.,.; tile project
and assurances that the City would ultimately approve both an amendment to the City's Future
Land Use Map ("FLUM") and re-zone the Property, together with the City's affirmative acts in
furtherance of the project including annexing the Property and approving the FLUM amended
should be considered more than sufficient to establish "an unequivocal act or promise" by the
City of Edgewater.
For the reasons b.r.i.efly outlined herein and detailed in ASD Properties' Application for a
Vested Rights Detennination~ ASD Properties is entitled to vested status with regard to the
Property. ASD Properties n.ow respectfully requests a determination. from the City Council in
this regard and will expect a final decision! subject to judicial.review, with sixty (60) days of the
date of this letter in accordance with g21-07.06 (c), City of Edgewat naDevelopment Code.
Thank you for your assistance ill this matter. Pleas 0 not hesitate to contact me if you
have any questions or concerns regcu:ding the foregoing.
Scott R. Rost
cc: Rodney Jones
Ty Harris, Esq.
AGENDA REQUEST
C.A. #2007-184
Date: December 27 . 2007
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS 01/07/2008
ITEM DESCRIPTION:
Separation Agreement - Jon C. Williams
BACKGROUND:
During the December 17, 2007 City Council meeting, Council terminated the Employment
Agreement for City Manager with Jon C. Williams without cause. Council requested the City
Attorney to compose the Separation Agreement based on the requirements contained in the
Employment Agreement. The attached Separation Agreement resolves pending issues between the
City and Mr. Williams.
STAFF RECOMMENDATION:
Staff recommends approval of the Separation Agreement for Jon C. Williams.
ACTION REOUESTED:
Motion to approve the Separation Agreement for Jon C. Williams and authorize the Mayor to execute
same.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
Concurrence:
rIm
( ~ Matusick
From:
Sent:
To:
Cc:
Subject:
Carolyn Ansay [cansay@doranlaw.com]
Wednesday, December 26, 2007 3:57 PM
jwilliams81841@cfl.rr.com; D Looney
R Matusick; Karon Lavassaur
Williams Separation Agreement
~
~
Separation
greement for Jon W
Attached please find a copy of the revised Separation Agreement 1 have
worked out with Jon. It need~ to have various amounts and insurance
information (as determined by stafJ) entered into the blanks. However,
the basic form is something 1 will be prepared to recommend to Council
at the first meeting in January. Robin, please let me know (f there is
anything else you will need for the agenda packet on this item. Thanks.
-Carolyn
Carolyn Ansay
Doran, Wolfe, Ansay & Kundid
Email: cansay@doranlaw.com
******This electronic communication transmission contains information
belonging to Doran. Wolfe, Ansay & Kundid which may be privileged,
confidential and/or exempt from disclosure under applicable law. The
information is intended only for the use of the addressee named above.
If you are not the intended recipient, you are hereby notified that any
disclosure, copying, distribution or other use of the contents of this
electronic communication information is strictly prohibited. If you
received this electronic communication in error. please notWI me
immediately by e-mail rep~y. Thank you.
:>
1
SEP ARA TION AGREEMENT AND MUTUAL RELEASE
THIS AGREEMENT is made between JON C. WILLIAMS, City Manager, hereinafter
referred to as "MANAGER", and the CITY OF EDGEW A TER, a Florida municipal corporation,
hereinafter referred to as "CITY".
WHEREAS, MANAGER has been employed by CITY as its City Manager since October
1, 2006 as set forth in the City of Edge water Agreement for City Manager (hereinafter "Employment
Agreement"), dated September 25,2006, attached hereto as "Exhibit A" and incorporated herein by
reference; and
WHEREAS, the CITY desires to terminate the Employment Agreement without cause as
provided for in Paragraph 8 of the Employment Agreement; and
WHEREAS, both parties agree that this Separation Agreement fairly and fully resolves all
issues pending between them, with the exception of any issues contemplated in Paragraph 7,
"Indemnification," in the Employment Agreement.
NOW THEREFORE, CITY and MANAGER agree as follows:
1. The Employment Agreement is hereby terminated. MANAGER shall leave his
position as City Manager effective at 8 p.m. on December 17,2007 and may engage in other pursuits
and employment as though he were not an employee of the CITY.
2. As a result of this Agreement, MANAGER's Employment Agreement is rendered
null and void and of no consequence from this day forward, with the exception of Paragraph 7,
"Indemnification," in the Employment Agreement.
3. In consideration of the payments set forth herein and other good and valuable
consideration, MANAGER, for himself, his successors and assigns, and anyone claiming by,
(Agreement/Separation Agreement for Jon Williams - 2007)
1
through or under him, hereby releases and forever discharges CITY, its and their successors and
assigns, and all affiliated entities, and all its and their past, present, and future officers, elected
officials, agents and employees, and its and their respective successors, assigns, heirs, executors,
representatives and administrators of and from all claims, demands, actions, causes of action, suits,
debts, dues, sums of money, accounts, reckonings, bills, specialties, covenants, contracts,
controversies, agreements, promises, variances, trespasses, damages, claims, liens, and all, and any
and every nature of, actions or causes of action, in law or in equity which MANAGER had, now has,
or that subsequently accrue to MANAGER arising out of, in connection with, directly or indirectly,
his employment relationship with CITY, except as provided in Paragraph 7, "Indemnification," in
the Employment Agreement.
In addition to any claim, demand, cause of action or actions stemming from or related to,
either directly or indirectly, MANAGER's employment relationship with CITY referred to above,
this Agreement constitutes a general release, and MANAGER hereby remises, releases, acquits,
satisfies, and forever discharges CITY, its and their successors and assigns, any affiliated entities,
together with all its and their respective successors, assigns, heirs, executors, representatives,
officers, employees, elected officials, and administrators, of and from all manner of action, and
actions, causes and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bills,
specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses,
damages, judgments, executions, claims, liens, and all demands of whatsoever kind, nature or
description, whether in law or in equity, which MANAGER ever had, now has, or which
MANAGER or any successor or assign of MANAGER hereafter can, shall, or may have, against
the above-mentioned individuals and entities for, upon, or by reason of any matter, cause or thing
(Agreement/Separation Agreement for Jon Williams - 2007)
2
whatsoever, from the beginning of the world to the date of these presents, except as provided for in
Paragraph 7, "Indemnification," in the Employment Agreement.
4. In consideration of the payments set forth herein and other good and valuable
consideration, CITY, for itself, its successor.s and assigns, and anyone claiming by, through or under
it, hereby releases and forever discharges MANAGER, his successors, assigns, heirs, executors,
representatives, and administrators of and from all claims, demands, actions, causes of action, suits,
debts, dues, sums of money, accounts, reckonings, bills, specialties, covenants, contracts,
controversies, agreements, promises, variances, trespasses, damages, claims, liens, and all, and any
and every nature of, actions or causes of action, in law or in equity which CITY had, now has, or
that subsequently accrue to CITY arising out of, in connection with, directly or indirectly, CITY's
employment relationship with MANAGER.
In addition to any claim, demand, cause of action or actions stemming from or related to,
either directly or indirectly, CITY's employment relationship with MANAGER referred to above,
this Agreement constitutes a general release, and CITY hereby remises, releases, acquits, satisfies,
and forever discharges MANAGER, together with all respective successors, assigns, heirs,
executors, representatives, and administrators, of and from all manner of action, and actions, causes
and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bills, specialties,
covenants, contracts, controversies, agreements, promises, variances, trespasses, damages,
judgments, executions, claims, liens, and all demands of whatsoever kind, nature or description,
whether in law or in equity, which CITY ever had, now has, or which CITY or any successor or
assign of CITY hereafter can, shall, or may have, against the above-mentioned individuals for, upon,
or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the date
(Agreement/Separation Agreement for Jon Williams - 2007)
3
of these presents.
5. MANAGER shall receIve compensation and benefits as provided for in the
Employment Agreement as ifhe were performing the duties therein, until 5:00 p.m. on January 16,
2008. Subsequent to January 16,2008, MANAGER shall no longer be entitled to any compensation
or benefits except as specified herein.
6. Pursuant to Paragraph 8 of the Employment Agreement, on or about January 10,
2008, CITY will pay MANAGER $1 00,942.40 (as a supplemental check), the amount equal to one-
year salary, less the appropriate deductions for taxes, social security, and medicare. Additionally,
CITY shall continue to provide medical insurance to MANAGER and child and dental insurance
to MANAGER, spouse and child, as provided during the term of the Employment Agreement, until
January 15, 2009, unless notified by MANAGER in writing that said benefits are no longer
necessary. Such coverage is currently Florida Health Care - POS SG PT/SP 100% Dep (Manager
& Child) for medical, and MetLife - Family 100% Dep for Manager, Spouse & Child for dental, and
shall remain at the highest standard of benefits provided by CITY to its management employees in
the event of any citywide coverage change.
7. CITY shall also pay MANAGER for all accrued vacation (363.30 hours), sick leave
(423.95 hours) and personal time (24.0 hours) totaling $39.369.96, less the appropriate deductions
for taxes, Social Security, and Medicare. The amount due hereunder shall be paid in weekly
installments totaling $ 1.941.20 (40 hrs for 20 weeks) and $545.96 for 2 pI week (11.25 ills) until
paid in full.
8. This Separation Agreement specifically does not affect any rights MANAGER may
have pursuant to COBRA.
(Agreement/Separation Agreement for Jon Williams - 2007)
4
9. This Separation Agreement represents the full agreement between the parties and no
promise or expectation of any other or further consideration has been made by either party, except
as provided for in Paragraph 7, "Indemnification," in the Employment Agreement or otherwise
mentioned herein.
10. The CITY agrees to reimburse MANAGER reasonable consulting fees and travel
expenses when MANAGER serves as a witness, advisor and/or consultant to the CITY, pursuant
to Paragraph 7, "Indemnification," in the Employment Agreement. Fees shall include an hourly rate
of $150/ hour for such services. All associated travel expenses and incidentals shall be reimbursed
by the CITY.
11. Should any section of this Separation Agreement, or part thereof, be deemed to be
invalid or unenforceable for any reason, it shall nevertheless be enforced to the fullest extent of
applicable law, or if entirely unenforceable, severed from the Separation Agreement, in which case
the balance of the Separation Agreement shall remain in full force and effect.
12. This Separation Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
13. This Separation Agreement cannot be modified or amended, except by written
agreement signed by each of the parties whose rights and/or obligations are implicated by such
modification or amendment.
14. This Agreement shall be binding on the parties, their assigns, successors in interest,
and others claiming through or under them.
15. This Separation Agreement shall be construed according to the laws of the State of
(Agreement/Separation Agreement for Jon Williams - 2007)
5
Florida, and in the event of dispute, shall be subject to the courts of the State of Florida, County of
V olusia.
IN WITNESS WHEREOF, the parties have executed this Separation Agreement this_
day of January, 2008.
Signed, sealed and delivered
in the presence of:
THE CITY OF EDGEW A TER, FLORIDA
By:
Michael L. Thomas, Mayor
Jon C. Williams
(Agreement/Separation Agreement for Jon Williams - 2007)
6
CITY OF EDGEWATER
AGREEMENT FOR CITY MANAGER
THIS AGREEMENT made and entered into this 25th day of September, 2006, by and
between the CITY OF EDGEW A TER, FLORIDA, a municipal corporation of the State of
Florida (hereinafter "City"), and JON WILLIAMS, (hereafter "City Manager").
WITNESSETH:
WHEREAS, Jon Williams has demonstrated through his professional and educational
experience and performance the level of professional and administrative competency desired
by the City in its City Manager; and
WHEREAS, as provided by the City Charter, the City Council has the authority to
employ the City Manager; and
WHEREAS, the City is desirous of employing Jon Williams as its City Manager; and
WHEREAS, Jon Williams has indicated willingness to accept the responsibilities and
render specific performance to the City as City Manager; and
WHEREAS, both parties feel it would be mutually beneficial to have a contract of
employment between the City and the City Manager setting forth agreements and
understandings which (1) provide inducement for Jon Williams to accept the job of City
Manager, (2) make possible full work productivity by assuring Jon Williams' morale and
peace of mind with respect to future security, and (3) provide a just means for terminating Jon
Williams' services at such time as the City may desire.
I
among those various goals and objectives, said goals and objectives to
be reduced in writing. These goals and objectives shall generally be
attainable within the time limitations as specified and the annual
operating and capital budgets and appropriations provided.
B. The City Manager, either at a regular City Council meeting or a Special
Meeting, shall provide to the City Council an update on the efforts put
forth to achieve the goals and objectives previously set at the end of
each fiscal year, and projected status with respect to success or failure
to accomplish the set goals and objectives. This update shall occur
approximately six (6) months after the beginning of the fiscal year
during the month of March or April.
C. As a result of City Council's evaluation of City Manager, the salary of
the City manager may be increased, but not decreased from the prior
year's salary levels, by the City Council. Any performance based
increase shall become effective upon approval by the City Council.
5. COMPENSA TION
Effective October I, 2006, the City Manager shall receive initial annual compensation
of Ninety Eight Thousand and no/1 00 Dollars ($98,000.00) payable as employee
checks are issued by the City. City Manager may designate amounts out of his annual
compensation to be paid by the City as deferred compensation, and such payments
shall be deposited into the deferred compensation plan selected by the City Manager
and deducted accordingly from the annual compensation payments.
3
6. BENEFITS:
A. Except as hereinafter provided, the City Manager shall retain his
current employment, benefits, including but not limited to: paid
vacation leave, sick leave, personal days, worker's compensation,
retirement (The City agrees to pay 16% of Jon Williams' annual salary
into a qualified 40 1 (a) defined contribution plan offered through ICMA
Retirement Corporation for Jon Williams in the form of a money
purchase plan), life insurance, health insurance and dental insurance. If
different types of employee benefits are provided by the City, the City
Manager will be entitled to the highest standard of benefits provided by
the City to its management employees.
B. The City agrees to pay dues for the City Manager's membership in the
International City/County Management Association, Florida City and
County Management Association and other organizations approved by
the City Council where such memberships would be beneficial to the
City. The City agrees to pay the cost associated with travel and
attendance at the annual conferences of the organizations referred
above as approved in the budget by City Council.
C. The City recognizes that the City Manager must devote a great deal of
time outside the normal office hours to the business of the City, and to
that end the City Manager will be allowed to take compensatory time
off as he shall deem appropriate during normal office hours.
4
D. The City shall provide the City Manager with a Five Hundred and
00/100 Dollars ($500.00) monthly car allowance payable on the first
payroll period of the month for the month in advance. Said allowance
shall be intended to reimburse the City Manager for the use of his
personal vehicle for local travel, defined as that travel not exceeding
fifty (50) miles round trip. All other travel shall be reimbursed to the
City Manager at a cents per mile equal to the IRS allowable rate then in
effect.
7. IDEMNIFICA TION
A. Beyond that required under Federal, State or Local Law, the City shall
defend, save harmless and indemnity Jon Williams against any tort,
professional liability claim or demand or other legal action, whether
groundless or otherwise, arising out of an alleged act or omission
occurring in the performance of his duties as City Manager or resulting
from the exercise of judgment or discretion in connection with the
performance of program duties or responsibilities, unless the act or
omission involved willful or wanton conduct. Jon Williams may
request and the City shall not unreasonably refuse to provide
independent legal representation at the City's expense and the City may
not unreasonably withhold approval. Legal representation, provided by
the City for Jon Williams, shall extend until a final determination of the
legal action including any appeals brought by either party. The City
5
NOW, THEREFORE, in consideration of the mutual covenants and promises which
the parties set forth below, the City and the City Manager agree as follows:
1. EMPLOYMENT OF CITY MANAGER:
The City hereby employs Jon Williams as City Manager and Jon Williams hereby
accepts such employment upon terms and conditions hereinafter set forth.
2. TERM:
The term of this Agreement shall commence on October 1, 2006 and shall continue
until such time the City Councilor Jon Williams desire to terminate this Agreement.
3. DUTIES:
The City Manager shall perform those duties specified in Section 4.02 of the City
Charter, City of Edgewater, Florida, as it may from time to time be amended, and all
other applicable laws and regulations, and such other legaIly permissible and proper
b
I
duties as he may be directed to perform by the City Council. Section 4.02 is attached
hereto and incorporated by reference as Exhibit" A".
4. PERFORMANCE EVALUATION:
A. Annually, at the end of each fiscal year, the City Council shall evaluate
the performance of the City Manager for the previous year, and the City
Council and City Manager shall define such goals and performance
objectives for the City Manager for the upcoming year. These goals
and performance objectives will be based on aspects which are
determined to be necessary for the proper operation of the City and in
the attainment of the City Council's policy objectives. The City
Council and City Manager shall further establish a relative priority
2
shall indemnify Jon Williams against any and all losses, damages,
judgments, interest, settlements, fines, court costs and other reasonable
costs and expenses of legal proceedings including attorneys fees, and
any other liabilities incurred by, imposed upon, or suffered by Jon
Williams in connection with or resulting from any claim, action, suit, or
proceeding, actual or threatened, arising out of or in connection with
the performance of his duties. Any settlement of any claim must be
made with prior approval of the City in order for indemnification, as
provided in this Section, to be available. Jon Williams recognizes that
the City shall have the right to compromise and settle any claim or suit,
except in cases where Jon Williams is a party to the suit or a
compromise or settlement is of a personal nature to him and in those
cases Jon Williams shall have a veto authority over any such
compromise of settlement. Further, the City agrees to pay all
reasonable litigation expenses of Jon Williams throughout the
pendency of any litigation to which Jon Williams is a party, witness or
advisor to the City. Such expense payments shall continue beyond Jon
William's service to the City as long as litigation is pending. Further,
the City agrees to pay Jon Williams reasonable consulting fees and
travel expenses when he serves as a witness, advisor and or consultant
to the City regarding pending litigation if Jon Williams is not employed
by the City at the time of the pending litigation.
6
B. Indemnification shall extend beyond termination of employment and
the expiration of this Agreement whether the notice or filing of a
lawsuit for such tort, claim, demand or other legal relief occurs during
or following the City Manager's employment with the City except as
follows:
1. Where the City Manager exceeds the scope of his authority; or
2. In the case of a conviction for any felony related to official
duties as City Manager.
8. TERMINA TION OF AGREEMENT
A. This Agreement may be terminated by the City Council, and Williams
removed as City Manager, with or without cause, at any time during the
term of this Agreement. Upon termination of this Agreement by the
City Council, Jon Williams shall receive thirty (30) day notification as
well as a payment equal to the following:
1. The total balance of accrued sick, vacation and personal leave;
and
2. One (1) year severance which shall include current salary at
time of termination of this Agreement, and medical/dental
insurance as currently provided.
B. The City shall be exempt from payment of said compensation or said
insurance coverage if any of the following occur:
7
1. Conviction of a Felony - In the event Jon Williams'
employment with the City is terminated due to a conviction of
any criminal act resulting in a felony conviction; or
2. Removal from Office by the Governor - In the event Jon
Williams is removed from office by the Governor of the State of
Florida, pursuant to Section 112.52, Florida Statutes (2000) or
is otherwise lawfully removed from office by either the state or
federal governments.
9. VOLUNTARY RESIGNATION
This Agreement may also be terminated by Jon Williams upon thirty (30) day
notification to the City Council. If termination as City Manager is due to a voluntary
resignation submitted by Jon Williams, he shall receive the total balance of accrued
sick, vacation and personal leave. No further compensation will be provided to Jon
Williams after the thirty (30) day notification period has expired.
10. OUTSIDE EMPLOYMENT:
Jon Williams recognizes and understands that the position of City Manager shall
require his full time attention and accordingly agrees to devote all time necessary to
fully discharge his duties. Jon Williams shall refrain from accepting any engagement
which would interfere in any way with the faithful performance of his services.
However, nothing in this Agreement will be construed so as to prevent the City
Manager from accepting honoraria or consulting fees from educational institutions,
8
units of local government or state agencies for lectures, articles, instructional material,
consultation in the area of local government law which shall not be in conflict with the
City Manager's responsibilities to the City.
11. BONDING
The City shall bear the full cost of any fidelity or other bonds required of Jon Williams
under the City Charter, any Law, or Ordinance.
12. GENERAL PROVISIONS
A.
Integration
This Agreement sets forth and establishes the entire
understanding between the City and Jon Williams relating to the
employment of Jon Williams by the City. Any prior discussions or
representations by or between the parties are merged into and rendered
I
I'
I
null and void by this Agreement. The parties by mutual written
agreement may amend any provision of this agreement during the life
of the Agreement. Such amendments shall be incorporated and made a
part of this Agreement.
B. Binding Effect This Agreement shall be binding on the City and Jon
Williams as well as their heirs, assIgns, executors, personal
representatives and successors in interest.
c.
Effective Date This Agreement shall become effective on October 1,
t
2006.
9
D. Severability The invalidity or partial invalidity of any portion of this
Agreement will not effect the validity of any other provision. In the
event that any provision of this Agreement is held to be invalid, the
remaining provisions shall be deemed to be in full force and effect as if
they have been executed by both parties subsequent to the
expungement or judicial modification of the invalid provision.
13. NOTICES:
Notice pursuant to this Agreement shall be given by depositing in the custody of the
United States Postal Service, postage prepaid, addressed as follows:
If to City Manager:
Jon Williams
414 Central Mariners Gate Drive
Edgewater, Florida 32141
If to City:
Mayor
Post Office Box 100
Edgewater, Florida 32132-0100
With copy to:
Legal Department
Personnel Department
City of Edgewater
Post Office Box 100
Edgewater, Florida 32132-0100
Alternatively, notice required pursuant to this Agreement may be personally served in the
same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the
date of personal service or as the date of deposit of such written notice in the course of
transmission in the United States Postal Service.
Except as otherwise provided herein, this Agreement may not be modified or waived unless in
writing and duly executed by all parties to this Agreement.
10
IN WITNESS WHEREOF, the parties have made and entered into this Agreement
on the dates listed below:
ATTEST:
CITY COUNCIL OF THE
~ EDGEW j~
ichael L. Thomas, Mayor
9-7-5- D(..
Dated:
-A-/~
Susan/.f. Wadsworth, City Clerk
WITNESSES:
~~
~A:YY7 d?~
Dated: ~ .:?S- ;- c:>tf,
. I
11
Exhibit "A"
ARTICLE IV. ADMINISTRATION
Sec. 4.02 Powers and duties of the City Manager
The city manager shall be the chief administrative officer of the city and shall be responsible to the
city council for administration of all city affairs placed in the city manager's charge under this
charter. The city manager shall:
(1) Appoint, and when necessary, suspend or remove, all officers and employees of the city
except as otherwise provided by law, this charter, or personnel nIle adopted pursuant to this
charter. The city manager may authorize any officer subject to the city manager's direction
and supervision to exercise these powers with respect to subordinates in that officer's
department or agency;
(2) Direct and supervise the administration of all departments, offices, and agencies of the city
except as otherwise provided by this charter or by law;
(3) Attend all city council meetings. The city manager shall have the right to take part in the
discussion but shall not vote;
(4) See that all laws, provisions of this charter and acts of the city council, subject to
enforcement by the city manager or by officers subject to the manager's direction and
supervision, are faithfully executed;
(5) Prepare and submit the annual budget and capital program to the city council;
(6) Submit to the city council a complete report on the finances and administrative activities of
the city as of the end of each fiscal year;
(7) Make such other reports as the city council may require concerning the operations of city
departments, offices, agencies;
(8) Keep the city council advised as to the i1nanc!al condition and future needs of the city;
(9) Make recommendations to the city council concerning the affairs of the city;
(10) Provide staff support services for the ci ty council;
(11) Sign contracts, agreements, or leases on behalfofcity to the extent authorized by ordinance;
. and . .
II
I
(12) Perform such other duties as are specified in the charter or may be required by tlI\: city
council.
J
'"
AGENDA REQUEST
Date: 11/19/07
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
xx
ITEM DESCRIPTION:
Engineering Proposal from Quentin L. Hampton Associates, Inc.
For Stormwater Master Plan - Letter of Map Revision (LOMR)
BACKGROUND:
Professional Engineering Consultants (pEe) bas completed its portion of
the Stormwater Master Plan for the City of Edge water. As a result of the
findings of the Stormwater Master Plan, the City bas an obligation to
regulate development and construction within areas subject to flooding
and to coordinate revisions to the FEMA Flood Insurance Rate Maps
(FIRMs). Tbe engineering tasks involved in this process are as follows:
Task 1- CoonliDation with New Smyrna Beach and Volusia
County. . .
Task 2 - Iaitiate DiscusSion and Coordination with FEMA. .
Task 3 - LOMR Application.
Task 4 - FEMA Reqaests for Additionallllfo.....ation (RAIs).
Task 5 - Public blputlEduc:ation.
Please see the attached proposal for additional specific details.
STAFF RECOMMENDATION:
Staff recommends accepting the proposal from Quentin L.
Hampton Associates, Inc. to provide engineering services related
to the revisions to the FEMA Flood Insurance Rate Maps
(FIRMs) for the City of Edgewater for an estimated lump sum
fee of $38,860.00. Requisition #4941.
ACTION REQUESTED:
A motion to accept the engineering proposal from Quentin L.
Hampton Associates, Inc. to provide engineering services related
to the revisions to the FEMA Flood Insurance Rate Maps
(FIRMs) for the City of Edgewater for an estimated lump sum
fee of $38,860.00, and to authorize the City Manager to approve
the related engineering work order.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGBT AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
F7LY1AA\\d~~~
partment Dirtctor
~C-~'--~Q~ NO'K'
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P.O. #
Requisition #4941
WORK ORDER NO. 2007-03
AGREEMENT FOR ENGINEERING SERVICES
QUENTIN L. HAMPTON ASSOCIATES, INC.
PROJECT:
Stormwater Master Plan - Letter of Map Revision (LOMR)
CITY:
Edgewater, Florida
DESIGN
PROFESSIONAL: Quentin L. Hampton Associates, Inc.
Execution of Work Order Number 2007-03 by the City, shall serve as authorization for
Engineer to provide professional services for the above project.
RESPONSIBILITY OF THE ENGINEER:
Engineer shall provide said professional services pursuant to this Work Order, to perform the
professional services as listed in the attached Proposal (attached and incorporated herein as Exhibit
"A").
TIME FOR COMPLETION:
The professional services authorized by this Work Order shall not exceed an overall period
of one hundred eighty (180) days.
COMPENSA TION:
The fee for these services are at a not-to-exceed amount of thirty-eight thousand eight
hundred sixty and 00/100 dollars ($38,860.00). Each invoice shall also be accompanied by a written
concurrence from the Director of Environmental Services.
(Agreement/QuentinHampton- W orkOrder#2007 -03)
Dated:
WITNESSES:
(Agreement/QuentinHampton- W orkOrder#2007 -03) 2
CITY OF EDGEW A TER, FLORIDA
By:
Tracey T. Barlow
Interim City Manager
QUENTIN L. HAMPTON
ASSOCIATES, INC.
By:
Dated:
Mark A. Hampton, P.E.
President
RICHARD W. FERNM.OEZ. P.E.
MARK A HAMPTON. P.E.
BRAD T. Bl..AIS. P.E.
~VlD A KING. P.E.
~ M. GlANNINI. P.E.
Quentin L. Hampton Associates, Inc.
Consulting Engineers
p.o. DRAWER 290247
PORT ORANGE. FLOODA. 32129-0247
TEl.EPHOtoE
386176Hi810
F~. 3861761.39n
Emai: qtlaOqtIaoom
Seprember14, 2007
Mr. Terry Wadsworth
Director of Environmental Services
City of Edgewarer
P.O. Box 100
Edgewarer, FL 32132-0100
RE: CITYOFEDGEWATER
SCOPE OF SERVICES AND FEE ESTIMATE
STORMW A TER MASTER PLAN-LETTER OF MAP REVISION (LOMR)
Dear Mr. Wadsworth:
In accordance with your request, we are pleased to offer the enclosed Scope of
Services and Fee Estimare for this project The City, due to the results in the PEC
Stormwarer Masrer Plan, has an obligation to regulare development and
construction within areas subject to flooding and to coordinare revisions to the
FEMA Flood Insurance Rate Maps (FIRMs). This process is a lengthy process which
will involve much input from and education of various parties including the effecred
citizens/property owners in the City, New Smyrna Beach and Vol usia County.
The City previously contracted with. PEC to prepare the City Storm water Master
Plan. The City desires QLH to utilize the results/ data in the masrer plan for the
WMR effort We are very familiar with this situation and its implications.
Thank you for this opportunity to continue to be of service. If you have questions or
would like to discuss this proposal in greater detail, do not hesitate to call.
il.t4(js
Mark A. Hampton, P.E.
President
DAK/MAH:el
Enclosure
EW61 proposal letter
SCOPE OF SERVICES AND FEE PROPOSAL
STORMW A TER MASTER PLAN - FEMA LETTER OF MAP REVISION (LOMR)
CITY OF EDGEW A TER
Revised 9/14/07
General - This Scope of Services and Fee Proposal is in conformance with the Continuing
Services Agreement between the City of Edgewater ("City") and Quentin L. Hampton
Associates, Inc ("QLH").
Scope of Work - QLH will complete the following subtasks which are understood to be
required/requested for the LOMR effort.
Task 1 - Coordination with New Smyrna Beach and V olusia County: QLH will coordinate and
conduct a limited number of local meetings between representatives of the City of Edgewater,
City of New Smyrna Beach (NSB) and Volusia County evC). The purpose of these meetings
will be to discuss the City's intent to pursue the LOMR and to solicit input/comments from NSB
and VC.
Task 2 - Initiate Discussion and Coordination with FEMA: QLH will coordinate and conduct a
limited number of local meetings between the City and FEMA representatives to discuss the City
Stormwater Master Plan, the results and issues that will result from the LOMR request.
Coordination of the actual LOMR effort will also be discussed.
Task 3 - LOMR Application: QLH will utilize the City Stormwater Master Plan results to
prepare and assemble the LOMR application including preparation of GIS/CAD based mapping.
The City will be responsible for the application fees. QLH will attempt to coordinate the
execution of the Community Acknowledgement Forms by NSB and Vc.
Task 4 - FEMA Requests for Additional Information (RAIs): Due to the lack of precedence of
this effort and the potential of substantial RAI's from FEMA, an allowance is included for
preparing responses to FEMA RAI's. Augmentation above the allowance amount may be
needed at a later date.
Task 5 - Public Input/Education: QLH will assist City staff in the public input/education phase
of this project. For budgeting purposes, an estimated number of two City Council
meetings/workshops and two public workshops will be conducted. QLH will coordinate/request
FEMA attendance for discussion of flood insurance and related topics. City will be responsible
for public notification.
Exclusions: This scope of work excludes the following work activities:
o. Revisions to Stormwater Master Plan (modeling, text, and mapping)
· Preparation of 500 year flood information
· Potential LOMR required for Ariel Canal Watershed
· Survey, Geotechnical, Biological work
. Mapping, except as listed above and can be prepared using electronic documentation
from the Stormwater Master Plan
EW61 SCOPE OF SERVICES AND FEE PROPOSAL
· Verification of content and accuracy of previous PEC prepared work products
Quality Control: David A. King, P.E., will serve as Project Manager for QLH. Andrew M.
Giannini, P .E., will serve as Peer Engineer for report review and consultation.
Proposed Fees: QLH will complete the above mentioned reports for an estimated lump sum fee
of $38,860 based on the following breakdown:
$2,860
$5,200
$14,600
$6,800
$9,400
QLH fees are to be billed on a lump sum basis. Billing of allowance items are to be billed on an
actual out-of-pocket cost basis or actual hours expended based on applicable hourly rates in
effect at the time of the work.
Prepared by:
QUENTIN L. HAMPTON ASSOCIATES, INC
-Consulting Engineers-
September 14, 2007
EW61 SCOPE OF SERVICES AND FEE PROPOSAL