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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 How yovV'-'d 7er"Son '"s h.~"{",rt ~, State your experience/qualifications 'ZOD I Ma.;~ la",d P-i5k ~ciGJa / Crc...~.Jc~J ""Des c.c J110.(JOI';A~'I,.-1 (Pf'f'lf/J-&ef" Sc"~/I(-e a-",J t:'V\~r~-tlo"" 1.;cl.,rD/oijlfl /"l'1.e.#'1"Joer VO(VSI<!.. ~v",t:lf -nE!.~a::r~~lc.. G"f.~6.J6vt: 6......",..,; -t:he.. 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 ~~ ~0.,2J lJ;UOl-J QI( Oli. HOME PHONE Lf2J-S"8Y2 AM 8:27 NAME ADDRESS ~ Are you BUSINESS PHONE .2~s: J.fJO 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: ( / /1. '~.: ,,*~~~jl': _w,. . . , ~"'! ,;"., State your experi~p~~e/ciitalificat~ons ..~l' ~~'(~~r({,"'~ :~JJ','lIm J'~:.,. ~~1 Are yoU a registered ;of~r?' YF,~~ !.;!&.. Are you employed by the ;'CitY?-1YQDo you hold public office? NO l;<do~ouserv~~()~ any OUfl,er Boards, Agencies, or ',;Pso/u;;lilst ea2fl'i :. ' A',~" / ~~Jrolo'l/ ,.,.. '( " ~'$; .. :.ff.. . ~~- .~.. .'. . "l';'" Have YOu. eVer ~e~V;~~;o~~~ny If so, l~st eac~.~"., " '.:l, ":'. ~.,.'..:. :/.. ., .....,..'.i,;' ':'':l.- 1- ;"J.C,-:-~ '~'" ~"j. boards, agen~~~s, or conunittees?_____ .. "~i:~~' ".... 'ot"" ..... ' 'Jlr.. .......-f.... .~ I 4~<; ~:.)\. (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 " ,~l 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 . Are 'you a resident. of. Eogewater yeS How long 8y~S . / . . .' . , .... 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 . . . , committee: .j !7'-l{J.ue MdVEf) FRoI'V1 f5'oo7n'- FL-19, fU'7" /J-.J-L- 111)'.' /hdJ../.,c:-y /".u "q.:.':!-Ioc.Jrc-r-f,F.c.J:::. A-AJ1)" j'v.dfli/j- /h' I-J,.cL,p M~K.r.' /'?t:IN,'.,C(Y, ~" ~R.EY'f7" pu:;..cp' -n:r L/u~ State your experlenoe/quallflcatJ.ons .' / l.u A~. rr:lR/1J. /11;{JN. /)J' , : 11-t14MI'.~dR- : ,Loc"9L '/;~ d .'p70 . OI-//dA/' .i=bR" 7' ;Y,Rr)'...' . . j 8E:.L-I..evE '. (-ij~ . 4.lISZOM1 CCl'J1'J A/JrjAJ '<r' E,vcFe '79-#:]]' ~01 C?)./V. Are.. you a regl~tered voter? 7.~s. '#Ej;..1J .€;DG-t=tv,q. /';:1<..... '. 'Are:y6u ez;nployedby thE)' City? IUc:?Oo you .ho14 .p~blic 'office? ,1./0 .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 () Are you a registered voter? ~ e.g Voting District Are you a resident of Edgewater? l \e ~ Is your principal place of employment in Edgewater? rJA \ How long? 4 ~vti 8vno~"~s ~JiA- . ~-".. ". r~ Are yo~ employed by the City?~Do you hold public office? 00 ,~. ~~'. '-;zP' 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- . (). ') Q Have you ever served on any boards or committees? Yf'S - -:t:' \--all€ s.~v-v(Oct as 0... "UV\lc>'I"\.\i-es',J~~-\- I C>~ ~~S~~f fol,- to ~ect"( Q\f\.l. aIM. CH.:-lr-It-e.~-\\,& 0.- \)e.~+.o~ \==l.- ~lr-eOl (f'c.o~~~~or 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 . D.V\cl.. Se.ve~"'a..\ ~ <Q(l- b';~;c-e S ll~ ~ AM. ~ e q . .Pt Lt?<. \oath 01 !>-t-. nJ.. lcaa..-l. Co (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 Se J.c {/ AYl'r I /)W~ \Ju S\ (\.{)S > \if~ S Voting District .\=" L '-fJ1S 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 '-{..e~ 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 --h '(1"'5 \<:, dUe'^- L' f l~~ 0<.\'\.>. (V-.{A \nQU'SC'v15 Q, -"0'( ck Yl \e Ow "I au ~ ~ 0 \ ~ \0 Are you employed by the City? 00 Do you hold public office? 10 D ~ 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 : . 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(/)810 c..... ro ow mc....m "'-'~ll)UJ- o lOt:: .~COQ)mf... ......: <0'"00"0 8 c .c'-o "rl~a..,g0i ro d) ......Z. u '._ Cll.c 0.,... "" .<11 ..\I: Q) ~~ ..r::: ~- 0 ..- - ..l:! 'l:t EO..c. t::WC';":_O 0.... O~4lQ.lQl 0 ;;) - -0 aJ ...c (l) Q) '<- lO (/)[(}......-oz ....._......ot!> B 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 lflaMll9SOl'DO~ ~u::.~ ..ldcft~(...1io<l. 1J.4r~Af)~~;k..l ,J Pt'ut;. :Nam&t .Not11%)" PvbU(: M:c""""""",,E'.q>lrr:s: ~ .....a-..t.,c~~~.~ I"-SIJQ.S)SS ,,-n,1rIJt.t c ~::;::: 2 ot' .! / ~ ON 0[11 MM ION AI. I. ~m OD O~ 1IlQ.. ( ( 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. ..~ '. D 'age 3 of 3 .. . . .... c """ on Iii o~"""a r(Ti III - It)~8.a _c: .. ..:2,9 .":I.:m:e '" Ol)mU; Olla~ alo..s~ - L.. .g" 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 ~ ~ cmas3 ow:Qo u:;s> mo-u.. Q)usUco ,CQ~o~ ... ::l Q) ""m-::> ~~cSg l:iif~ i 11.~I~!l.~.'~t}il' .!.I g J _ t! J -f! A 1l I . '! i -! ~ll ' ~ ,. ~ ;~l~ l sIll> II ' en till~ : ~jI.:ji !~!i~li- en e~!J 'i ~ Jl~15~~'lt;1 !.c. j - !l-<LIii.. .;3e'V, o ~ ~. ~~~. c; . ' f ; 1-, ~ _& ~! ~ ~ g: lluj iJ a: 18 ,:S ~ i .P ~ 'i.i 8~:H!'~ ~! i~II,1 ~ ,!o\iiJiI11111Ij ~ ~I~.~ ~~ <i!i2~~]1~~~ ,.,. ~ J ... -I ;! ~ !! ~ 1 'Ii" 1~ . ;i a! !'lll G ( / 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. l ~l SIGNEDINIHEP.RESENCEOFmE:~~~~SES: ~''; /. WlIo....a~ "'I\~...."-............. b ~~. . r: ~r,-:.l' W_IIPriol!loo>c: ~0'01\"').5;.' lC.TWO W1-.nsl_~"" fl-..:!- " _n...."..... I~~ J.1...:o.f S:atc of \'irpnil CtlllnlYof t(t:/=.'~.trII..f':'1 J emalUll1rypa!.1lo "rlho ..." at .Y1rcl!llLcd my~c:xpi= 1- 31- 01 .. TIm FOP.EOOlNG IN!>I1UJMENT...... acbowIod;<:d bdan: Ille GlO O"'l1hlll'>4 l>y: ClDUSTA. J(. TWohU:Y 'IOho~YlinO""lf!.IXIO.!!!.~b"pr04w:ecl "~lcJdIli' . m1d.hahlJlll11h. . ..... ,.\l\ ;"'" . \\. ~ .. .~ ........h"" '.,,". ... f;,.....\... 1\ . .... $~ t ,. ,.~/....\<. /1...."'\... Si~ '. ~ _~ ~ :< . ""',_ \~_\.I>'" - :;f:.... ~...~~~:+...f}! .. I -, i I 1 -- ~ -: I .! I -=i I -.. -. . I " ~ - I 1 ,. :-! '\ 'l I 'I ~ , 1 ~ .1 ......-. I J . 1 ( /"- ~by Juditll taM, In employee of Assodated l.mI TIlle Group, lnc. no ThIrd AlIU1ue, SuilI$ 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 ( ( Pl!.g!031l!3 / Book: 5470 Page:: 553 Diane !'r"j2~ I -, ~D IlISla r:wrtY.,I CleO; of CWrt ----- . I.~-_.. ..,~ :.dt'~ ".... " .. -. .. .....- ^~ ~~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 ( ,/ 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 F~ ...~ .r.-;':~ e;\~ ):,...::{ t:. -.-'., '. '.~ ....:~;3>_(.. o. W '. (. 1 i ': .,<<:\ \( .. OcearfFnjnt \~i.:';.~r><"i;~:".;. \\;\ 4P~m:;:::'<: .' orl~~~.~.~~.5~o~',< \'-' .,...... m .40 ~ .,....'..., ..l:;.' /~-: ~..- <.'W~~\ \, ".;'~\\i.r-'" \ ":::';HOII'yHiil' :$~"~\..\-i _:'.': .....0.\~ \~~;~~~'~~''-: - ; '~4D09j ,.:' \. ':~\..A1AI;": - :- .'-. . .-.' .. . '\~"t"- . j ~ ....,.~~.....,.....r.. " . - -', >-: ..' .'1'(\j).~9ri~ ~~:~)v~~na'~~ I~J~~?~ f~l\ ::..' : ~> .'; '; -.:. ,. '. , \i j'Beach' C'''/'<M:'' ". ..,.; .- . ".... . .... [ vi" '.. "\. >..".b:~"'~~T. ~'~lJ.' .....:.~ >.-:.:.:>>:. .:: "~ ~ ......:.:.~; .. '.....: . Daytona Beach Internationallirp,ort;&,\.... \./'..' 'So{rtt}6aYtoria~'.. .';;.... ". '" ". l_l_"t \\}t gjl~~X 'J_..,.'!~~..~;. .~~.\ .:_::.~~".?~{~/~~~~~:.:~.,~._.~~R.t;S:.,',~~ _19~.!! It:.:-~, .'/ :.{~~)..-;\::~;;. \ D~ytOfl:~t~y..~~r.,~hp.r~~ . : :--.. >. '.. . . ", -..' ....,... . ~.,. . .' . " ~~u'" I Ole oe. 1 \,;.., ...""'~\:..,..._.;".t..... .....;..., _."==.. . 141181 Ii ~. I \..' '0"...1 k<.. .:;tf~tfi:tf"'};;1?):2~f~;~~7Jff ..'~-' ...,,,,.;=--_~ ''''--'-'' II ,Samsu a,.... w--SiA1ll'lrn 'fIJ,:....,;,.. '\'c."....M2l- ~;~...:.,.,. .~._~;;::.:~:::~;;.. -- . r__'::;~~'::i::~.:~.. H.~. "_.., _.~.~~~_~~~.~~~.,~v. ,...f r.;.. ~~.t~,-~.t {fi;/..~:t~'. '..~ ._<.__..W.:,.,o.;;.=.\.~r;::..~~.~i-..'i Be~'c ~ '-;: y. ~lL.ke tWen } \ ~;371-*~,!~~; ~ . )' Mana .' eke ~K ~~:..\}i;l;"i~~; 13~)'\ \,,' . ,~i - ",\ \14V~ \~~~::I~:;\:'~~~- , "4-;':-' .8,shby Acres .~/: j. ~:~~: ,8,shby . '';}~,: . '~\(\:t.~,~t:;;;.,,;~ (r'~~~::" V"~ld(jfe ParI: Ai:."/.ip'%.:lr,ft'".. . , \AJhlstle, \"-".,,..~,.,.'. -l".''-'i.;:.., :-;X7.;,;rn.;:~,:i \);\ Stop \ .\~\., =am e\'i9{1145 r -" '"",:;.;"" ~ . Pari", .".~ ~1f~t(~'II'. /' .. ... "\''.. '\~t. . 1..-,;~l-1, ~-~~ ~ t. l~ :r~l: "\ '\ \~\ ~ ~;k::;\;~,~ttl:''':. '\ ~--4 ~q'i 1,' ~.1~~~~}.{~,,;~,~;>;,:1.,. i tit1. ~~ J--'.-'~~9aK' i'.. r7.~ .................. ~ Strawn-Lafre .'~. '.4'..' F-;.i:.-b:.:'::ir ..'~' 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 ( ) ''j SUBJECT LOCATION MAP , ., ~.-..t? i, ".:.} .4..1-1"8.-if:::.l-....,.t'f::.~ _. .~.~.")! Washin~,.d~~'-'\)\)~:.!~..t!~:,~.~.~.-u...~..n~.-. ,1," . .r \; i.,''':;' MISSion CnY~i . -._.,Tr,l:!"'.\...,~->.:..,.,\"'v"..':-\A1A.:". "". . 0... f6' ,~ ..' , ~~t1?tlJECT. _'>~"".'. i9h..__ ... "<'... . \~:\ ~, ~ q:/ \./.....:/ ~jC-~"" \,(;':.;rEJ-;-~>'i\'<~hor~~JI~r~;":.'.' .~~~~, .L.!~-=--' \;:": \~d '\~\.>,-':{.,:'vt(\. "-;~;f~.:\:ti{., ~'% ;;,'>'=';, -i ~ '. .p- . '\ ~.-\;. ;...l.Edge....,~er ,~>::;'~, .~ · \:~\~~;:~\;~~~j;i~< ~\~~I~~~ \}.~ EdgJeWctat,er...,,!, o~~~., ' '. "it ,:,._J,: ',.:..."; i?'!,,- ..~'/._.j'._.:;::.:~_;...,-i:,'.. ~ un on i' ..~ .'[. C'" ,.... ; .,... , "., t.:. " .,", ": .:',.' ". .... ....., "'~,__~J- . :;;:I,:,::,.f;-=::~~ . ';r' ,.' ~~i \".' -~)f\p.:.,~~~\t} "~j';:if~l:.\,__:' "~ ': Massey Ranch ... -: ~\ ' ., . ....',. I ,..,.-~;;,.-t--..-.., \f,f'^ "/'- Airpalk <!~ ~,: :1~.:\ \', ".; l .tMr.ar(,~!:t .-~. . ~)l\ ,.-,.~ '{'{ ~>"\~:,,,,\"'.16tHlst, 1i~U~'s3:. ~ ~-;\.~~ .: lpn.., I "., \. -'~:...\ :-~: ':~;'f-";.. .,~:,~ '.' . '~"'~ \t~~" " y.', ' lD.,.,~..\ ; . . ." . ,'.'. '. ._),'." '" .\~... \ -00.-. .......1E ~ . ~\ &\\r..,..:.t.\~i\\\~~2.~".~I,~'::_~~~;:::~'" ....~, <,\\5 p, ~', r~' 'dI: .. '. \ '; '.<'..f \,,~-.:. ..r~"" ' "A ""'-":'0>,.\ ". ....... ~ . \..,.,\..,:V';;:;.,.~..... ...\,-'.; .:. '''\~ . n"-" " ...,., .,~' .,,,,,. . ",< < ., ~~ .. . '. ~ ~ 'r " "1 -: )...' ..,,~... ~ 'I . 'I \...... ;.:"_ 'f\:... {.' I~~ ..~...,,-., ~\I\~~.,~\..\...~..-.......")f.\ \\\ .. .:::...^{~^;::..:<.,\., ..\.\>'.~\;;\\\'.~-:::;.i..~;' t.'li& .,- I'"' . o.\"Vo-:":~ ()... i 't'\." . Ti:SI t ,&.."\ ".(:.:1.....-'. . . \i. ~ 'L c'; .,,;:, \ .1. ...r.... , '". ~"."" '.....1 ,,,.,~.~.... ,. " . )~}. '~ \": ~ \:' \ .-~V?...... 'r ". ".\\ \:". \"~\.~\;1;1f:', ~..r\~-d ~~ \~~ ~ (..;-: _('\'<:7 ", ..?~~\.:i.~\.:\~.~j ~h}.:,.';'\- ", '?:}.fY.' '. ..,'. ,.,,',..,. ". -'. 'lls \'1)0'1 'i \~~\,.'~ ~~::' . " \'",:-r~.:i.....'.~:\:\\\:..,~.:,.;\\'~~\->j :Q.~ ~ . .' , , ~. ~., . . . , . , .~. . ".0-\ '. .~-.. 244\1~, ~ :...-.:;::., ;.\~\\~,\\U.~..~..;'l\\'):Oi\X\\\. 'C~\ .-.f .;<:;~~., \\\;}\ '.1rl\\./?!(6\\":\ \\ \ '~~I .--- ..-----..--.-"",....I~W ._,' " ,. '.~-. '. . ~ .' . ; ". } ,. , "~\2~\ · .' \\~; .::~.~.,}~.,..\:~~S\\\:..\\\~~ : ~-e ',o,w'--" :.~;.4.\~,,'~-'a\~\~.'i._. \~~." ., .:.~.~':.:\~\~~~~~~~\:~ \\S'_~ \;~l. -~\..~: ~\ \'~\'~\~~;. ":\~ T \~:~'.\:$\\.\'.\%\\~, '(-.;'" . ',' ". . ; '. '.~, . , " '. 'r' '.. . ;.\~~ ". '~\".Q\\ ',j; ~'. ...~..:,. '~-d~...'. I. : -" ~, .,.' " ~.~. '.' ;'~.' i. .'tsJ'. I ',_ : ~ '; .1 .- ~ '.; ;..-.;.... ,:.;.ff::Y" 23 ., ;1 ') 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 ., .) .J , ) / 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 ) ) SURVEY - NORTHERLY PORTION ---~-'''''' .-. ----..--"- ~r__T_"I_._"'_. _ ....._."" 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'" DH " "" ~SIJGER k ASSOCIATES, INC. ~ PRcnsslQiAL UJiO SUR~ 2 ~.......~... _...~,_u.r. ____. ,..,,.. ~~u:=l...- -- TOPOClUPIflC SUllfEY OF THE MULLICAN PIlOPERTY ON MISSION ROAD EDCElfATER, FLORIDA .--...--.....-.....- -..-....-.........- -..----- --.....--.-...- -.------ :_.~":L._: ,-",--.,,-- _,_'u__ __."'_-c;...ro-:lIDl........_, 27 ) "'\ ) SURVEY ,.... SOUTHERLY PORTION -, ..----------------------j ;1 (: " I rl : ! " I I, II II I I I OD",,1 _m.ltll ~Iil I ! il iI . ji~ it ~U Id i1 i~:f~1 : .i-, , I. l: ~ 11 'H i i . d il!1 i d ij( i ~ ' II 'II jlr, I, a .i~~~!n t .. !~~. F 1'"'1 -:: B ; 111hH } ,Ulil! ~ IfI'~J~ . lilt ,'t'h' J ~t lhlll 8~ t,.ll 1- VI (tll!h!] J 1 Jf.IUh .~:1I .I~~~r~; . t111l'l ,J !l I~~~.jl~!~ !I i ~~ 1: ~ ! . i -! II r Ii III ~li Iii j.. I . .1" III . ~ I ~WI:'II' t'fJI~.Ii~lJ ~ I . 1l II ..~ . 'I' Wf! ~ } I' 3: ~ iH~U~ ib .i!hw i I f hi jf ! I J ~ t;~lmi '111JUj:i ! f 1 I-II ;! 111I I i.li: tI'.. IJ~ 1" . 1 J;.. 2~!IiliJ l~+~:~~l J!! 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I I :.~~ I f .. l-nT I ..J ..-----' , 1 ...- IV I 1\ ;- :, i \ " ------...".......:~...'\ \ \ ., .. . ~ i ~ : , , . . '" (" , , ~ : " , , l{~ ~ t": I f , , Ii! ') ~ II: ~ . hi f ta, t : : I' :: 'l I: I '\ , . , , , , . , c, f I , I I: " ~ ~ , 1 i I ! : U I n '" "V!! /\. " 1 I ; ! t .t :: r ;t; i ! ! T :: , If: I , 'I'" j If :i ~ /1 rr " t ( ! (\' U :t\ T, ~ 1 t. _I f,"'~ ~ .. if ~~!f ; i il itl! *~: . ~ lil,i-.. \' ~'\ i ~,l! '; ~ I ja . \:~ - , l , \ ~ I ) ,'" It I :F , ' ') i i " i '" ~'~.~ -:" T ' J l;L., <( .,. i t I * T / 't t I I oor ri\ . Ir' i I , ~. !; i ~! :~ ,,~ ". . .~ ~~,\~; ~,. i <\ , :::\. Q. i1i' \ . \ : '. ~ ) \ J 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 \ I .~ ) 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. 32 .l .~ 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. 33 \ J -" ) / PROPOSED SITEIDEVELOPMENT PLAN .:.. OAKWOOD COVE ~ ~ ., A .,'% ~ i1S-.~ ,.') "J / PART ill - ANALYSIS OF DATA & OPINION OF THE APPRAISERS \ J I} " 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. 35 'j ) 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 36 > ~':1 ... /' 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. 37 ) ') 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. 38 '\ \ J /' 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. 39 , ~ ) , SALES COMPARISON APPROACH DISCUSSION -', /' 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 40 , '-, "'- I "1 ; $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. 41 "J ,.' TOPOGRAPHY DISCUSSION: -') / 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. 42 ., \ ) 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 ) SALES LOCATION MAP ;"~~~:;~:':;::"':.. Vt~ ~i ~m ~;I l~\ <~'~'"'1 ~':~A' '1. R".1 \fI,~). ....-"''?wl'- ], i~:~~.. "~~ '. \:'~." . ':" L1fii.~m, S 0\ ... .." ., ..:\\~;, ~Jj ,,'" ~_'J~ .,:.. .~:.\;. Glencoe"~);. \\l~ 6'~) ,~ !l: ......, . ."" '1 +r~,. ...."'.. 'l"~'l ,. .... "AlA ,,%.. "',... ...,... '" ~ ' ..~ ~ .'::;Y;"" .._.~: .,~::~:..""' :~~;..;y:;.~. .~~~.:t-1~~~ '..",~. ~.~' ~::'~~;..;-: . .~.. j,:: . "i"~~~':~~~~< :~~.::~: ">~. '~i :0. .. L i MISSion C~y, ~1S!i'\'1'r~'~";,,,,,\-.~ -",.; ; r' ~ . ,..y.'", ; ., ", ' ~\), ~;O;':'.".,.~~~.~..~.,:~,.).-_:.;..,t.'.",.'~.!..~~;.i.~~.~.'Dr'.~..';.i:,~.~_~,'.:.r.".~.',~.f~.~'.'\~'\':'~,'.:.;.,.~.;.;::.;..:.~~.,.~...t.:.~......., \,,~'" "$i;j :"":;:-::::-:':::":i~'':':''.'.2.;'q}~t.'-:,',.".,,',-~~-,',:.':;. ,~.,..., 7) ':II .. '. ,,~ _,:,'~~::..." .,.. "",," _ '. .... .7' , . . ...{I, .l::l. "'l'll" '1 ..;.-; '.. ........ .. . , ... '.. . :'~~f.:.:~ ',~~~~. 1 "~:"\ 'r'~:X~t~.~.';;?\;. \'iI _.~,[. .")"'~.'~ ~)ii' ~"!_'..~,'~\. ';:>'tU2:~ ;:'. ' ^ " 0 " ,~ 0"" ",,,,,,'~W(~,,~;,,"'....:..,:.',~.'::"",~".'::';,;::.'.'...'...'A-,......,....~..:.'I'.:..'.,:A....'.,;...,..,'::..::.',.....,. .~\--.~::>': ... ;~:',::< i'\'\~;~"'" ":;~',,~~\:i'~~~;~~<::';"J; . '!~~. ...0. SUBJ.ji'Cl"~ % ,~ ',-- ":',.' ...;., ." ';'. ;;~(~~.,..~. ;..... " .' '\;:t{.' -~ ../\ 1 .. ~. "'~.;i' '~:~.,;. 7 -'i..~.~.11:3.:.....6',. \.'.~'> , . . \...~~,.,: ~, :.41l.:.:.l ..";~ Edgewaler ,-" ;~!.~.'~~.,.:';,.. .'. _;. _~~.ct!On.~.::__ ,;., !S>.'~,;."~' '-\~. ~ ,.~\ '(ll t~':'\i~t['$.t''; t:: f;i'~ V!:f~,t','r.iPa;1<. ~~t~ ..,}~, .~\ t-;Slf~ (~. \~1 %. ~1. " ?~~1~f '~2 . "~'244 ~;.v .. '~d) . 'S1/P " .~"~ '~~\:. '(~h . ',!.~. ~f. WX' '. \ft Q '''~.' ~Ij.: h~i', . ~;\\. ~ "\:~ . \l~l ~~;tfl !,t.:~.~ \\.{i9 ~1~~ !;:;?'''r~,,~{'~t~;, il.:... ":,~~~l~c~~x~tJi;ii~9':~H~" . !~:L8;ji'. = ft (::.~;::;. .:.:. .. c""-' ('.,', ;.... :;~.~. ..; :.)~-,:~.:.~, ~:>;', .:."i::.-:;:'-.:. . ..~o..; 'WJfJ:~..'\ .. . . ~ . ~.' ;. ./;).~' -N '$'.' '.4'W ."<i.~~~ . ~/':'l' '.-:-:: \. .~ (;'Jn~~e . tlalkJII Stlil-..h( t!t '(',0 \Ia\J" ....SALE 3~~.' 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 ($62,000) 50 ) "') SALES LOCATION MAP .' :~Wj ?~Gta'~<ltional fOf~ ..~-~.: ~stor '. '" De ~eon "i ;Spnngs . 'i ~ ;:: > ~. ,.,. '. . . '.. ~,:t~f~}~Ttr~jF~i~]{:~{t-~f}'1 SAI~':;\~~~~i~~f~~irj0~l~~1;,,",],'~i:;~::," ' .~ Flagler" ,,'/ ,,' ",' ,,' _, '. ..' - .....- . i .-' - ..,..:"jito)- ,'\ '.' Beach' - - ". ":! .v,. '.> ...,,-.. ' '''''-'..--~. ... 'l! , .., Bpnnel1::_S.&LE 7- F L A Got, E~R \1. . .' "t\ ~. ,> ~~ Nt :t, "'~. :\. '!l l' . f, ;-1 .i"'- .,,'SL.;- ~,;~.l .~ /:."..t! .r" :/" .,' \t, ~.t f\ .:,:1 :~ "~' samsula"" < .:, J~..;,_\...~.~,...'.',:'.~r.:'i..'.:'..~.;.~~~~~ili?~s~ . . r" ":~:,,;..;;. ~..::.~tr;;;:; .". ..' ,SatsIJma' 1. ....., ,.:: '-. ';.: ".'.~ ,. "'~V~:~~: P~rk" . ..:,~~;;,bi '. .jJ;;U TN;', M' "~;:~~~;t)< '.,FFl\lMle Crescent ctt.y{J(ij;~f:'~'~ . . !'-:.. Georgetown I'" . ~ .' . '?~',...":...,.,,,.,.,,~,.:.'....;....j""~..; "~ ~t:;~:~.: ,.~ . ~ .::..'-~..'~; ". .~., ' '. .... . V y:{;,~;70~'""""""",;~~" f~;~;;~.:>,~.;.~:;{;;~f~';;/>,.. "-\sevil~S~LE 8 ..:.~ .- . .,.....,. . '~ . ~';\:",,::,':""":""":.":""_"'.;:,.:'.~'.'~'~'..'.,:'.e,':.~,.~.;(.l....,'...~,':~,":..',..:....:... <-SA.LF: 4 I 'Sr: '_':~'::~.: ._ .. , " , ; di~!~;; ,.....j, .,.""" '.. :,.............;.j'j'..................'..........-:,.....; I('..':~ :'''-':';';:-; "Plerson ....;' ..' .. : ,. y:<:.,- ;., " F;l 0 .1.1. l ...Oft ..,,: ..~~ ::' "..:'" ~:'. ,.: 'r",.~:./~.. .:.-.,.', : '".j-:",:" .:c...... .,', '; )~~', .:" ,~ ..; '. _..:~.,,;. ", ..~.. o'~"'f~"''; .,.- ...- --'. '. ,...i.~.{. l..~kt!' Di;:$. ',: C, L U SIt. .:421~..:. r~'~' :~;...... :;g) !~..~}i'~ {Jli~.gil~t}~ : ' :~.~..~..)::.... ..:..... .;..........:; ',:::~~? ~~:/; .' . . . ....:<;.~ '-:...~ .~.~~~~? ", JOe Land '~V'"'' . ~ GlenCQ&\:~~~~a" ',' Umatilla L A K r. " . ~f .': . Orange. ,..i/ ".,' cny' A?~: .j-. ,..:..- ",Lake Helen ;115. \.';.. ;'4~L S'OB.IEd'j'-> . ,\, \~ ~.fi~.." -~\.. t-..(...~ il'.:-;;:~I. ~\ .D.' '. ". ~t\.LE 5~> "'.\ I' ..... '.~>Edgew.ater 4:2i 1>1\. if .. .' . ~ . i.*~'W 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 .') ) ./ 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 -') ---) / ADDENDUM ') Legal Description - Northerly Portion g~N W~~ u~ ~~ a m F5~8z ~~ 0... ~a8 ~"'~...~ ~~ ~~~ ~km z~~~~ ~~ e6~ ..JOe.. OF.'" O<i wo g~~ ~OQ~~ ~~ mm~ ~iffi ~~~~~ F~ ~~~ ~~~ ~;~~~ ~~ 0%0 Q....J>- VI oot- 5<5 Y'!!i"'NW .tJuJ zD.1- ~ ~~5~~ u ~ww ~~~ ~~st)~ ~Q.. 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() ...... 0 ..... 0 - ~ N '<:t 0 "0 @ .c(1) c U) 17i l.J') .c 0 dI It! ow o ro .. (1) ..... ,'" C UI Q) t ..... $ ~ = ':J (6 .- -a "0 (7)'000 oO,...>-CO('(l Oa.d>_= U)~;::o ~ .....-Qd> t::Q)n::;- -ol'04>,EOOl1Jo11l 1n C ..c - C::J7 el'O Ll-(./)gIOCh-mow roc...... co ......+::;(1)uJ- omc .~col1Jmf..- ~: ~"O~'O 8 CJ::'-a ~YJo.1;Nro 0>-2. u.._ ro.co..... <V ..'lC (1) .......r:: - ()...... "0 ,- :oo5~t:1i5c;.:::O'O;t ::;J 0 0 ..2! I1J <I> Q) 0 C/)CI).E~zS-:5~~o~ B --) ") 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 <lrJ=~'I1N: 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 /I~ a.~ 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~ . . Ir/CX1IllIl:!SI()lJtlJlXIlll& .... -~~~ u id<oliflati6<L I}~~ __)Y!1oI/_vf~ / Pt' t. NlIIIU! I NotttyPv}>Uc: "V c""","","", EJpir<s' ~b tnowPu,mr lItILLIl7m ~~...,r~~I,c..)::iQ:IIWf}IJ.>>SS '-n.'rD-1 c Page 2 of 3 ON Ol]l MM lClN UII .xm 00 Oc:l lno.. ) '-) c'.' 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 .. . . _. .... ~ .a :: ... .. ~ D 'age 3 or 3 ... - c ~ on l;; o~-",,5 rlrilll- tQN~~ n..~B ~m:c", ODlIl'iil Of:la~ 1I1Q.;:::8 '-) OJ ~ L.. ,s' 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. . E .~) ") aqo1ofZ / . 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 ._..,.......-- CI,0009-8412 F lage 2 at 2 --) '-j 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. en en >: ~ cffi1ll3 ow:2o (.)~o> mo-U- c:DwU.O en ~O~ CI,):JCl>Z J: to Cii ::J 1-5:08 BY: Q j.. ~-'i~ o L RtlEGGER. Deputy It-fll, !~ii ~ · JI#~iZi8~ f ~ J.tf~ca ~ Iti ,~ I"~~~ I r i Ja~EA;t I {Ii ill ~ 1!lffi~i'I'iJ~jfji~J ili!'~ifJ~! t li~1 if$filjiffg 3'.8fJ~lf~ .it~~1 tilfll ~f~~.R ifa~BJ Iii ljl 1'!luii!f.dli~'ifJfln!lj!dllii!nflfUdfd ... 1lr:""'1Zii"-~l51 .... ..; a.5':il~s.&.lilO~ l~j!i" t t!li~!~til I:~~I ;~: _l1i=~~I!tr~ f!]~ ~ ~s!lj!~ij~ti- i!tj I o1~S~!~e.! s ~ ~ ~~ge~t8~~~. o a ~S~!~ iKB 'I ~f ;~. 1:;-8 I! ~f~ i ~ ~~~ _:~ ~~ ~J~ JiI1,IJ tlil:!liIIIIJ'liIJ ~~~ s ~ ~!lQcgB~!~~~~. I~J! i i~I;~~~f~f!lii ~ I~f~! J~ l~jj~:Ii~lllil~~~,6 ~ ~ ~.~ s~ <iEi2~~s1W=~ ,.., -:l J to- -I ;! ~ l! i I ~ OJ ! ~l" iil ~ i a > i ~I G -j ) Pr<p"li:dBy.Nu'YC. Whue , l'rolild...'.Tlde Ar<D'Y. lac. ~'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 "') ') . Pag.;'2 WamntyDa:d Spangler et aI sit .ManIs Book: 5324 Page: 4707 DIn: N. lI1ItlW:k Yolnsfa ClurtY, CleO. lit CWrt . ~ ! " ! 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:: "<:~::::;.~..,.:S~:7"; . I , i I ] -- , -no; .1 1 --=i I .../ ---) OJ 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 J -~) ") .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 K ~) ') PAge3 at J ! .; 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 -- . C\ J~ a.t?~. ~PUBUC .f'Ellh JUClnl '" c:...-mt r...i";-:$. ~J c..~ l';\ ~.r-;;;us .".\&~ r.>.Cl:l;:'".,lQ9 1If"::-_'i_:::..Ilv.-~~ Notal)' Plfnt Name My Commission Explres: I I hge3 al'3 10lB. 7IXll5D T .w ') ) .. Composite Flood Zone Map M ~ 31 --) --'j ,,/ FIoo~ ,l\1~~ L~gend III ~ ~~.';;..I. ~~ CJ LEGEND SPOCIAl no::)!) HAVJU) ARr.'>S INUNDATID BY lOQ..YEAA FLOOD ZDIa A Nt> ~ Ilocxt ~_ dctl:rmln<rl. a.... nOod ~~:.r_Ii\I~ I\loGd deptJu of.1 "'3 icxt (""",'Iy ...... of ~i'(l;~ ~ oi'lVU'io><II ~~~. flOlld deplhl Df 1m ~ f1:dlmmlily ..~ .1IDw "" "opi~ \r.m!iRl; """'<Ill<" depths ~F<lf ~_qt a1lNoOJ ,... fl:>Qoili... ~~. do>t.emln..d. . ~cc:~~~~ .sirUtikJr.I no ""'" lltx>d .,""'>l!o'" ,d:lm- ~ .O:,;,m.( lbod wfth ~ h:&::Ird (w.n>e ~... (Jo,a ~ t~dot.rm!1"i<l. %PHt No ZONt Nt zorc.:: AD %(J* Mt ;r0Nl\ V ~w Cll<ub! lbod lMth ~ b=ard ~ ...uanl; a. IIood eJc.mlll<lJ drtemdnod. n.oo~ AAW IN ZONE )JJ. orn~ Fl.OOO M\W rot<< It m.;;~~~~~~100,..,_ 1\;>>o;l'oMlt._"tl'l . oibc~l~ ""WiI&~"""" _1'"1U.... inflc; """ -~ br b_ imm 1000-1"'" ~. arnBl: AA.fAS ZONI! ll. M:z ~ to be aublde s~ ~ 1:~ Q ,,~~..iJlI:ll ~~..... twbI~ milled. but ~ UNDMLOPID COASTAl. 8I\RRI~ ~ ~ l!lln I ~ ,-:~i ,~ ~.....- ~ ~ ~- _'~ed N -) HAnallAl fUOO IKSUlWICE PROS RAM FIRM ROOD InSURANCE RATE MAP vOtUS!A COUNTY, FLORIDA ANn Ih'CORPOR.z\TED ~s ~l!. .....,. Irdl~ 1'0" I;"",l!l..S 1<01' ""'ctI'tal ~ ~ ~ fWl\ &us. ___lll' tmDI _' 0 - __cm'0I IZml _ . -- - - . ..,.,.,.. ~-_""_""""1i_~0< Q:UlJiTIf.-liM.ntt'l ~ ~ ~ >>a::vca il_...._ll'>._!!Il'.....__ ltll ~~a..M.DI~~a;;~~~ SIPik:It.. lbCn.. ~ Kt.~ ........ WoN ~..... =Z'.J~~~.~=.=~ --....,. MAP NUMBER 121!7tnS8S 0 EmCllVED1TtI APRil 15. Z002 ') Flood Map nata 1IA1lam flDOD lKSURAHCE PROGRAM KAnoot flDllD lI/WRANCE PROSlUN FIRM limn INSURANCE RArE MAP VOLUSJA COUNtY, FLORIDA Ah'D JNCORPORA.T.ED AREAS: FIRM ftnoD INSURANCE RATE M'AP VOWSIA COUNTY, FLORIDA AND INCOlU'QRATED ~ g'litt1fln ~ ~ ~ ,_ _1lWf.tftr "" omit .... ~ '_~t'i' _ _ .. - 1lU WI" GL'"il'fP:!l.llTU . """"""" ..."'.tIl !'o!>1lO. 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('"j'1 1'. ~ . ~~ L '. ..;;'~' ~ ,. \ ...~, \... '""!k-r 11 ~y ~_!;/!~i--:~;':',~':'i1i"" I. \\~~~~~\ .J./ iR-,.A\.\1lJ~~I,\~~~~~'L';. -< :: .~ '.'.' ~.~~..ft . \~"'" · ~>~~~,J~~irc,~~~, 3(1) \..-.~. ~;\ .-~~~!~~1}~~~~~;.;:;~..~ ~ '. ,- \ r ' l\ ~~.," k~;. "'5':f; ~s.--" . -..:.: \ 'j:", \'1.. l!Jifil (/::]" '\\.., ::~\ ....::.:--- ~ \. \ "i ~ W' ,1. ..':,; \..,'.':...::.\.........1 'i1 ..... ....- \ @ '., / ,: l'.:'J' (; :'.,:~" ~.~ '; " \. .--'.. ';0 ~!. / g-". I . JI \..' \' .; - :. .~\ . " ...,.. ..' ~ \.:.I . gJ nit " ., ~ ...,........,. ...- 1 j' n::w \: . '\ .' .-/ If \ \ . :",op\:R:,\:~ ./ Y. \ \. ~~::.- \ o' ,O::::::"q-. \ . 't ~ \I.p;}o 'i · : ::f"1 r, ~ ~c.." .. . _ \J ~ .', :~< \ \ ~ .\ ,. f\ \f<>. . ~. ~ p , .,.' ... ~\.3 w [: \" ...~~ ~ " -:P -:: @ \,r: . 1I ^ p --) ") 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) w . .._~') ') . . ,/ 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 x .) ') 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) y ') ") Census Tract Map ">.' ~ '<..' . '.~' ~ . '<~'" :1:' '\~~ ' . )P,.: :":{.' :- 7" .,. '_q l?~ . .' .~.. . '.':. /\~ ' '.~ .....~ >~.' ..... .... .~:.':/ . t;J;~""'""'''';'''1 1111illll. ' ~ H!!j~li Da..'j~ll~...Bell. .'~l~P.. Oft~. f,JIuge ~./\ 1':' 'ii'..I",'J. , .\ ."'" ".U~:': . ... .. .1.." _ .E:W , . '.' ,:.(l"';~iLI~.\ ,r;;::,.. '.,': 't. " ". \. -l~/,:,<"" \:..... '.:"'.:: ',.l ~,,'.~~g:;~:f~~ t.." ":a'.' :: ~,.....:~.., \{7;,i\~~~);,~~t ~'i$.."".. ,.".;.., '~~'..;.;. ";";'1., ,.;';.:;. - . . '. . , M ,';' \. ~ - J fM':.',':I"'::.':' . ; ;,('(,,'y.:", .'. ~...:';t"':t;i fl ('83~': . OC~ ~;H::! \i~;'~~" , v1M}1~li~i~Yl~~~~\- ~\~~.:::~..\ 'i ~{T;.:;(:t: ;t:' "..;' 11;: '.' .':';. \"::':S:::;(~{;:"" \t'i.;.;:;~tj-::: :';':::"':~:"::".': ~ t;..~':::.~:::::'.:': \ ~.I'. t ':;'l~.tt.. ~: 'J:::*~r~f:~;. ~~m:::;~:) 1)1\ 'i....~....:. ~rf;.:.~..;:. 829.:02 Florida $ . Vctt....s.ll:ti '. 1~ ~ .' \t J{;U'~~ ~~. ;,;.{),;.qjJ .~'.~ ....... ~...,",., . ~. ~..'\.r _I! .- ... z -.,) " ) 7 EPAMap ~"" . ...._._........r....~-.:)'--~_.... .J....'................, .. ~ Map Features 8Reg uJated sites o . Multi-activities o El Superfund o m Toxic releases o . Water dis.c:hargers o . Air emissions o ffi Hazardous waste BW"ter f....tur.... o il.'ll Impaired water bodies 0/V Impaired streams o /V Streams 8Places ~ o .t Schools o t Churches o 0 Hospitals o ~ Shaded Relief ~ :~ . <i: j;, f:~ ~ ;; ,s,EPAB!v/(I:.tMap, ~;..,.,-~ AA ) 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. . .. .,/ /( .~~ .'-'~/ ~~i't:ii~ / N~tary Public St~f Florida j Pnnted Name: I~I (J..i1 ~- ....-ftr':;...........-..-....... ..--'. ~1""I'l""""'...~--~-.:...-.- ~\~--~~. ~lot~11 PlIllfic Glnla of Flortl.ia t: .~ K~'l\ w:v..1 . . ~;J l.W r ;c! ," . .(I\~~~ora10 i".rf.:~(il' .xi'ire~":..~r>-Ir:o , :.1""':..~~-r~1l..1........--..-~.- $oJ:' 1\_ .;.r~.' ..,....r !:~Ie of f=1(lr1da .f'1 ~~" .. ..", ~~ .:. .' ::rD51l7Ri!l 'fl(~<f I,' ..,10 ~-.;.............., w----N-'f......1I~ t" ~ No.l8ry pllbUr; Sltlla of Fl:lriOO .Il'..... 1fI "'to,' Kill' ~\!;.n< ~ ' DD5il7l\1!'J ~.\>I;<.~~' ,'. Lil~~ __---,.....-4--~ # ' / 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' Robin Matusick, Paralegal " &~~ City Manager C:\MyDociments\Tc:rrysFiJcs\Agc:ndaRcqucst 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