2024-O-09 - RZ Washington Park South6/11/2024 12:32:07 PM Instrument #2024113145 #1 Book:8568 Page:743
ORDINANCE NO. 2024-0-09
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM VOLUSIA COUNTY
AGRICULTURE AND RESOURCE CORRIDOR TO
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)
FOR 115E ACRES OF CERTAIN REAL PROPERTY
LOCATED EAST OF VOLCO ROAD AND SOUTH OF
EDGEWATER PRESERVE PHASE 3, 4, AND 5;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF EDGEWATER; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE, RECORDING
AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
findings of fact and determinations:
1. Storch Law Firm, is the agent on behalf of with the consent of owners, Washington
Park Holdings, LLC, Beverly Anne Millar, and Joan L Sheppard owners of property located
East of Volco Road and South of Edgewater Preserve Phase 3, 4, and 5. Subject property
contains approximately 115 f acres.
2. The applicant has submitted an application for a change in zoning classification
from Volusia County Rural and Resource Corridor to Residential Planned Unit Development
(RPUD) for the property described herein.
3. On November 8, 2023, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification.
4. The proposed change in zoning classification is consistent with all relevant goals,
objectives and policies of the Edgewater Comprehensive Plan.
5. The proposed change in zoning classification is not contrary to the established land
use pattern and is compatible with existing and proposed uses in the adjacent area.
/0� 6. The proposed change in zoning classification will not adversely impact public
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facilities and meets the Concurrency Management System requirements in Article XI of the
Land Development Code.
7. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
8. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA.
The zoning classification for the property described in Exhibit "A" is hereby changed from
Volusia County Agriculture and Resource Corridor to Residential Planned Unit Development
t-10 .
(RPUD) pursuant to the associated RPUD Agreement (attached and hereto incorporated as Exhibit
"B").
PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF
EDGEWATER, FLORIDA.
The GIS Technician is hereby authorized and directed to amend the Official Zoning Map
of the City of Edgewater, Florida, to reflect the change in zoning classification for the above-
described property.
PART C. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
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inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E. RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Volusia County, Florida.
PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G. ADOPTION.
PASSED AND DULY ADOPTED this day o 92024.
1
Diezel DePew, Mayor
9� ATTL%T: y
r
(b"N"' �) Let, -i�-
Bonnie Zlotnik, Ck6, City Clerk
Passed on first reading on therDtday of 2024
REVIEWED AND APPROVED: (:— 1A Z)
Aaron R. Wolfe, torney
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RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
WASHINGTON PARK SOUTH
THIS AGREEMENT is made and entered into this 3rd day of 2024
by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose
mailing address is P.O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter
referred to as "City") and, WASHINGTON PARK HOLDINGS, LLC, a Delaware limited liability
company (herein after referred to as "Owner" or "Developer"). The purpose of this Agreement is
to define the terms and conditions granting the development approval of the subject property.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set
forth herein and other good and valuable consideration, the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 115.63E acres located at East of Volco
Road, in Edgewater, Volusia County, Florida. The legal description of the property is attached
hereto as Exhibit "A" - Legal Description. The record owner of the subject property is
Washington Park Holdings, LLC, a Delaware limited liability company.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be thirty (30) years and run with the land. The
Developer shall commence construction as defined by the Master Plan, dated , 2024,
(Exhibit "B") within twenty-four (24) months of the effective date of this Agreement. Developer's
failure to commence construction within the timeframe identified herein shall result in the City's
termination of this Agreement. The Agreement may be extended by mutual consent of the
governing body and the Developer, subject to a public hearing. Commencement of construction
means to begin performing onsite modification, fabrication, erection or installation of a treatment
facility or a conveyance system for the discharge of wastes and on-site modification, fabrication,
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erection or installation of a treatment facility or a transmission system for the conveyance of
potable water. Land clearing and site preparation activities related to this construction are not
included herein; however, before undertaking land clearing activities, other permits for stormwater
discharges from the site may be required. Final approval shall include, but not be limited to
utilities, stormwater, traffic, fire rescue, hydrants, law enforcement, environmental, solid waste
containment, and planning elements.
3. DEVELOPMENT STANDARDS
Development of this Property is subject to the terms of this Agreement and in accordance
with the City of Edgewater's current Land Development Code (LDC). Final project approval may
be subject to change based upon final environmental, permitting, and planning considerations
and/or Federal and State and County regulatory agencies permit requirements.
a. Unit Count
Based on Final Subdivision Plan approval, the total number of units may vary, but the
maximum residential units permitted shall not exceed 4 dwelling units per net acre or 176 dwelling
units. The Master Plan depicts 99 single family detached dwellings and 77 townhome units. In lieu
of single-family detached units, the developer shall have the option to exchange permitted
residential density and provide additional single family residential or twenty (20) to twenty-four
(24) foot wide townhomes, however no less than seventy (70) single family detached dwelling
units shall be provided for the whole project. The number and type of townhomes per building
shall not exceed seven (7) units attached, however less townhome units per building are allowed
and will not require an amendment to this Agreement so long as the maximum number of
residential units stated above is not exceeded.
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L
C.
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Minimum Lot Size
Townhomes Single -Family Residential
Area: 1,440 sq. ft. Area: 6,600 sq. ft.
Width: 16 ft. (2 bedroom) Width: 65 ft. (at least 25%
20 ft. (3 or more bedrooms) of all single-family
55 ft. (maximum of
75% of all single-
family lots)
Depth: 90 Depth 120 ft. for lots less
than 65 feet in width
Max Height: 35 ft.
Minimum House Square Footage
110 ft. for lots greater
than 65 feet in width
Max Height: 35 ft.
The minimum gross house square footage for single-family units shall be at least 1,300
square feet living area under air, with a minimum of a two -car garage. The minimum gross house
square footage for townhome units shall be at least 900 square feet living area under air for two-
bedroom units and 1,000 square feet living area under air for three-bedroom townhome units.
Sixteen (16) foot wide townhome units shall provide a one (1) car garage with a minimum ten (10)
foot by twenty (25) foot parking space in the driveway. Twenty (20) foot wide or greater width
townhome units shall provide a minimum one (1) car garage with a minimum eighteen (18) foot
by twenty (25) foot parking space in the driveway. Thirty (30) percent of all townhome units shall
provide a two (2) car garage with a minimum eighteen (18) foot by twenty (25) foot parking space
in the driveway. Carports will not be permitted for any units.
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d. Minimum Yard Size and Setbacks
Townhomes
Front: 25 ft.
10 ft. (Corner)
Rear: 15 feet
Side: 10 feet; no setback
required between
townhome units
Building Separation: 20 ft.
Max Building Coverage: 60%
Max Impervious Coverage: 80%
Swimming Pools: n/a
e. Trees
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Single -Family Residential
Front: 25 ft.
15 ft. (Corner)
Rear: 20 ft.
Side: 7.5 ft.
Building Separation: n/a
Max Building Coverage: 50%
Max Impervious Coverage: 70%
Swimming Pools: 5 ft. from
property line
Minimum Tree Protection Requirements within the current LDC shall be met; Preservation
Areas depicted on the Master Plan may be utilized to meet said requirements. Minimum number
and type of trees for each residential building lot shall meet the requirements of the current LDC.
f. Landscaping and Irrigation
Landscaping and irrigation plans for common areas must be submitted with final
construction plans and shall comply with the current LDC. Landscape buffer size, as shown on the
Master Plan, may be expanded based on actual drainage requirements to ensure the required run
off is kept on-site (during requisite storm events). A twenty -foot (20') landscape buffer shall be
maintained along all project perimeters boundaries unless City engineer otherwise determines that
expansion is reasonably necessary based on runoff calculations. The project HOA, as defined
herein, shall be responsible for all future landscape buffer maintenance.
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Common areas and the entrance area shall be irrigated. All irrigation must comply with
all Volusia County Water Wise Landscape Irrigation Standards.
g. Roads
Roads within the project shall have a minimum right-of-way of fifty feet (50'), including
twenty feet (20') of pavement with a two (2) foot Miami curb and gutter per side and constructed
pursuant to the City's Standard Details. Said roads shall be private roads that meet the requirements
and standards of the City LDC and dedicated to the project HOA, as defined herein, subsequent to
final City inspection and by a final plat. The project HOA, as defined herein, shall be responsible
for the ongoing maintenance and repair of any off-street parking spaces and shall ensure that
vehicles are not parked within said areas for an extended period of time. Said private roads shall
be gated, and emergency access shall be provided by a "Click to Enter" system and a Knox®
override system or other method as approved by the City's Fire Marshal.
h. Entrance to Subdivision
One (1) main entrance and one (1) bypass for emergency vehicles, per the Master Plan,
shall be permitted for accessing the development from Volco Road. The Developer shall also
provide one (1) tie-in connection along the northerly property line and one (1) tie-in connection
along the southerly property line consistent with the depicted locations on the Master Plan.
i. Signage
Signage will be located along each main entrance road, not within the right-of-way, and
shall meet the current City LDC. All future maintenance responsibility will be that of the
Homeowners Association.
j. Mailboxes
Developer agrees to request approval from the Unites States Postal Service for the use of a
Centralized Mail Delivery System(s) with lighted pull off area.
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k. Air Conditioning
All air conditioning units and pads shall be located behind each house/dwelling unit.
1. Easements
Easements for rear yard construction purposes shall be located between every other lot
and shall have a width of ten feet (10'), being five feet (5') on each side of the lot lines for the
benefit of the adjoining lots in the event that access to the rear of the lot is required and the
individual lot owners side yard width is not adequate to accommodate the access. Easements
for public utilities, including a ten foot (10') wide easement along the frontage of every lot, shall
be dedicated to the City and any other public utility provider.
Developer agrees to provide, at no cost to the City, all required utility easements (on and
off-site) for drainage and utility service consistent with this Agreement.
M. Model Homes and Temporary Sales Offices
Three (3) single-family lots and two (2) townhome buildings may be designated for use as
potential model homes and units or temporary sales office. A model home or unit may be used as
a sales office from the time the plat is recorded until such time as the last lot or unit, as the case
may be, is developed within the project. Temporary structures, such as trailers, and the like may
be permitted as a temporary sales office while a model home or unit is under construction. Such
temporary office shall only be permitted for an interim period not to exceed 60 -days or until
completion of the first model home, whichever occurs first. Model home or unit construction prior
to plat recording shall only be allowed upon compliance with the following requirements:
i. Provision for fire protection, including testing and approval of the water
system by the Florida Department of Health (FDOH), if on-site hydrants are
required to service the area where the proposed models will be constructed.
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ii. Construction of access roads to the model home sites prior to building
permit issuance, to the extent necessary to allow sufficient access by City
vehicles for inspections.
iii. Permanent utility connections cannot be made until the potable water and
sanitary sewer system has been completed and certified to FDOH and
FDEP, respectively. Temporary utilities, once inspected and approved by
the County, shall be permitted until permanent utility connections are
provided.
iv. Any Sales Center shall provide handicap accessible restrooms.
Additional requirements, restrictions and conditions may be imposed by the City to address
specific site or project concerns. A Certificate of Completion issued as provided in the Florida
Building Code shall be deemed to authorize limited occupancy of the model home/sales office.
Upon conversion of the model home or unit back to a living unit, a new and permanent certificate
of occupancy shall be issued upon completion reflecting the dwelling classification.
Temporary flags or insignias which read "model", "open", "open house" or any other phrase
which identifies property for real estate purposes may be displayed until such time as the last lot
is developed within the Development in the following locations and numbers:
i. The maximum height of any temporary flags shall be eight feet (8') with a
maximum size of fifteen (15) square feet.
ii. The number of temporary flags shall not exceed four (4) and shall be
permitted on private/common property and prohibited in the right of way
area and site triangle area as outlined in the Land Development Code,
Section 21-38.03.
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iii. Each model home may have a ground-based sign, not exceeding 20 square
feet with a maximum height of eight (8) feet, indicating "Model Home".
iv. Each sales office may have a maximum of two (2) flags or signs not
exceeding fifteen (15) square feet each in area with a maximum height of
eight (8) feet indicating "Sales Center".
V. Temporary event signs shall be allowed on private/common property
within the Development for special builder sale events, including but not
limited to a "parade of homes" or similar sales promotion. Such temporary
signage shall be erected for no more than 72 hours. A maximum of two
special builder events shall be allowed in any calendar quarter.
4. HOMEOWNERS ASSOCIATION
The Developer shall establish a mandatory Homeowners Association (HOA) for the
purpose of maintaining the property and enforcing applicable covenants and restrictions. The HOA
documents, including applicable Articles of Incorporation; Covenants and Restrictions; and By -
Laws shall be reviewed and approved by the City prior to final plat approval.
The Declaration of Covenants, Conditions and Restrictions, Articles of Incorporation and
By -Laws for the HOA will be recorded in the public records of Volusia County at the time the
Final Plat is recorded.
5. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation is City Low Density Residential with Conservation
Overlay and the zoning designation is RPUD (Residential Planned Unit Development) as defined
in the City Land Development Code. The City of Edgewater's permitted uses for RPUD
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(Residential Planned Unit Development) are applicable to the development of the property and
consistent with the adopted Comprehensive Plan/Future Land Use Map.
6. PUBLIC FACILITIES
a. All utility services shall be underground.
b. Off-site improvements are the Developer's responsibility and shall be required at
the time of Final Plat approval and City inspection approval and shall meet all City,
County and/or State requirements and approval.
C. All infrastructure facilities and improvements shall be constructed in compliance
with applicable federal, state, and local standards.
d. A concurrency review shall be conducted to ensure that all required public facilities
are available concurrent with the impacts of the development.
e. Developer, at the time of development, shall provide all public facilities to support
this project including the following:
i. Potable Water and Sanitary Sewer System. The Developer agrees to enter
into a Utility Services Agreement (USA) with the City of Edgewater or the
County of Volusia as a provision for service to the development. The
agreement shall outline the terms and conditions for timing and payment of
fees in exchange for a commitment of capacity to serve the development.
ii. Water Distribution System including fire hydrants. Developer agrees to
connect to and utilize the City's or County's water distribution system.
Developer agrees to connect to the County's potable water system at nearest
point of connection. All water distribution systems shall be "looped"
wherever possible in order to prevent any future stagnation of water supply.
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All water main distribution system improvements will be installed by the
Developer and conveyed to the City or County by Bill of Sale in a form
acceptable to the City or County and dedicated to the City or County prior
to or at time of platting or in accordance with the requirements contained
in the Land Development Code as it relates to performance bonds. Water
capacity shall be reserved for a period not to exceed twenty-four (24)
months from the date the City signs the FDEP and/or DOH Water
Application.
Sanitary Sewage Collection and Transmission System. Developer agrees to
connect to and utilize the City's or County's wastewater transmission and
collection system at the nearest point of connection. All wastewater
collection and transmission system improvements will be installed by the
Developer and conveyed to the City or County by Bill of Sale in a form
acceptable to the City or County and dedicated to the City or County prior
to or at the time of platting. Sewer capacity shall be reserved for a period
not to exceed twenty-four (24) months from the date the City signs the
FDEP Wastewater Application.
f. Stormwater collection/treatment system including outfall system, The retention
and detention pond(s) shall meet the requirements for the St. Johns River Water
Management District and the City of Edgewater LDC. The pond(s) will be owned
and maintained by the Homeowners Association (HOA). Developer is required to
provide an outfall to a publicly owned or controlled drainage conveyance system,
and obtain an off-site drainage easement space if necessary. The on-site 100 -year
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flood elevation shall be established to the satisfaction of the Flood Plain Manager
or FEMA. Compensatory Storage shall be provided for per the requirements set
forth in Article IV (Resource Protection Standards) and Article V (Site Design) of
the LDC, as may be amended from time to time. Specifically, the development shall
adhere to the following standards in addition to the aforementioned LDC
requirements:
• No development activity can occur without obtaining a
stormwater permit from the City and any similar permit issued by
State or Federal regulating agencies having jurisdiction, to include
but not be limited to the following examples: St. Johns River
Water Management District (SJRWMD), Florida Department of
Environmental Protection (FDEP), United States Environmental
Protection Agency (USEPA), United States Army Corps of
Engineers (USACOE). In some cases, at the sole discretion of the
City Manager, the City may elect to accept alternative criteria as
satisfying the requirements and standards necessary to obtain a
City -issued stormwater permit. Such alternative criteria shall be at
least equal to, or more protective than City standards, and may be
equal to the standards promulgated by or recommended by
SJRWMD, FDEP, USEPA, or USACOE.
• In general, the latest revision of the U.S. Department of
Agriculture, Soil Conservation Service's Technical Release No.
55 entitled A Urban Hydrology for Small Watersheds shall be
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used in the stormwater designs described herein. However, the
City Engineer may authorize the use of alternative methodology,
such as the Green-Ampt model or the Horton infiltration method,
where geotechnical factors are notably distinct from those used in
the TR -55 method. Examples may include large areas with an
abundance of Hydrologic Soils Group "A" soils or large areas
with weighted runoff Curve Number less than 40.
• Impervious surface shall include rooftops, pedestrian walkways,
all areas generally devoid of vegetation where vehicular traffic is
reasonably expected to occur regardless of surface material type.
• For areas of the City where the FDEP has established a Basin
Management Action Plan (BMAP), or an equivalent document, to
remedy an impairment in the receiving waterbody by imposing
reductions on the City in the form of Total Maximum Daily Loads
(TMDL) for point -source and non -point -source pollutants, the
City shall assess the proportionate share of such reductions to be
borne by any new development or redevelopment.
• In general, the design and performance standards as listed in the
latest version of the SJRWMD Permit Information Manual
Volume II (formerly the Applicant's Handbook) Part B shall be
used for stormwater management systems. Alternative and
innovative approaches to stormwater management systems may be
approved by the City Engineer where the Applicant demonstrates
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such system provides a higher degree of pollution abatement and
water quantity attenuation.
• For development activities proposed to be located in a riverine
flood hazard area for which base flood elevations are included in
the Flood Insurance Study or on the FIRM and floodways have
not been designated, hydrologic and hydraulic analyses that
demonstrate that the cumulative effect of the proposed
development, when combined with all other existing and
anticipated flood hazard area encroachments, will not increase the
base flood elevation more than four inches at any point within the
community. This requirement does not apply in isolated flood
hazard areas not connected to a riverine flood hazard area or in
flood hazard areas identified as Zone AO or Zone AH.
• All project areas greater than one quarter (1/4) acre shall calculate
the pollution abatement volume based one inch (1") multiplied by
the entirety of the parcel area landward of the riverine mean high
water line. If any undisturbed wetland or required conservation
buffers are present onsite, these may be deducted from the area
calculation for pollution abatement volume. Other surface waters
such as drainage canals or stormwater management ponds shall
not be excluded from the area calculations. If the calculated
pollution abatement volume does not exceed one half-inch
multiplied by the entirety of the parcel area, one-half inch
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multiplied by the entirety of the parcel area shall be used as the
pollution abatement volume.
• The use of Low Impact Development (LID) techniques is
encouraged. Low Impact Development is an ecologically friendly
approach to site development and storm water management that
aims to mitigate development impacts to land, water and air by
emphasizing the integration of site design and planning techniques
that conserve the natural systems and hydrologic functions of a
site. All new development and redevelopment projects are
encouraged to implement permeable surfaces, bioretention areas,
grassed swales, vegetated roof tops and catchment systems for
irrigation in the development, when feasible.
• All projects that qualify for Environmental Resource Permits
and/or Surface Water Management Permits issued through
SJRWMD, FDEP, or other State or Federal agencies shall provide
copies of the permit application and calculations to the
Development Services Department as part of the site review
process. Final approval of required State and Federal permits shall
be granted and copies of the issued permits provided to the
Development Services Department prior to commencing any
construction activities.
• All projects that qualify for a FDEP - NPDES Permit pursuant to
Chapter 62-621, F.A.C. Ordinance No. 2017-0-16 V-17 shall
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provide copies of the Notice of Intent and all attachments to the
Development Services Department prior to commencing any
construction activities. Two (2) copies of the Erosion & Sediment
Control Plan shall also be submitted.
• The post -development discharge peak volumetric flowrate shall
not exceed the pre -development rate for each of the following
storm events: Mean Annual/24-hour/4.7-inch, 25-year/24-
hour/9.4-inch, and 100 year/24-hour/13.1-inch for systems with
positive outfall to a public conveyance. For development within
land -locked basins lacking positive outfall to a public conveyance,
fully retain onsite the 100-year/72 hour hour/16.0-inch storm
event.
• The rainfall depths of the design storm events shall be as
published by the National Weather Service using a continually
updated statistical epoch, but in no case lower than those depths
stated above which were derived from NOAA Atlas 14, Volume
9, Version 2 Point Precipitation Frequency Estimates for
Edgewater, Florida. Peak precipitation intensities shall be
estimated from the greater of the following sources: NOAA Atlas
14, SJRWMD Type II -Florida Modified hydrograph in the latest
version of the Permit Information Manual Volume II (formerly
Applicant's Handbook) used with the NRCS TR -55 method, or
Florida Department of Transportation (FDOT) Intensity -Duration -
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Frequency (IDF) curves in the latest version of the Drainage
Design Manual for the particular area of the City.
• If the development discharges into a public conveyance which
serves areas impacted by the 100 -year floodplain (as identified by
FEMA or wide -area stormwater modeling adopted by the City),
the peak discharge rate from a developed or redeveloped site shall
not exceed 90% the peak discharge rate prior to development or
redevelopment.
• No construction shall result in the creation of disconnected or
isolated portions of a flood hazard area (Zone A, AE, and other A -
series Zones) which increases the stage at which discharge occurs
to less than one (1) foot below any existing or proposed finished -
floor elevation of a habitable structure nor of the centerline
elevation of any publicly -owned roadway that is within or
adjacent to the flood hazard area.
• In Zones AH and AO, adequate drainage paths shall be provided
to guide floodwaters around and away from proposed structures.
• Stormwater runoff from the project shall not be conveyed or
drained to any off-site location without an easement or public
right of way permitting such drainage or conveyance and the prior
written approval of the City of Edgewater.
Reclaimed Water Distribution System. Developer agrees to connect to and
utilize the City's reclaimed water distribution system at the nearest point of
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connection. All reclaimed water distribution improvements will be installed
by the Developer and conveyed to the City by Bill of Sale in a form
acceptable to the City and dedicated to the City prior to or at the time of
platting.
ii. All required pavement marking and signage (stop signs, road signs, etc.)
within the Subdivision shall be maintained by the HOA for the project. All
permanent markings and signage shall comply with Florida Department of
Transportation (FDOT) standards. Enhanced special signage may be used
if it meets FDOT standards and approved by the City.
Sidewalks. A five-foot (5') public sidewalk to be installed by the Developer
on all common areas within the development and five-foot (5') sidewalks
to be installed by individual builders prior to issuance of Certificate of
Occupancy by the City of Edgewater. Sidewalks along common areas shall
be constructed and approved by the City prior to issuance of the first
Certificate of Occupancy for the development. Developer shall provide a
bond or surety in a form acceptable to the City in the amount as stated per
the current fee resolution per lineal foot for two (2) years. If sidewalks are
not completed within two (2) years, the City shall utilize the bond.
iv. Recreation and Open Space. Three (3) passive and active recreation areas
will be provided to serve the residents as depicted on Exhibit `B" Master
Plan. The recreation area shall include a gazebo, sightseeing dock area, dog
park and parking as depicted on the Master Plan. One (1) recreation amenity
area will include, pool and gazebo, parking and two outdoor grills. A
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minimum of 25% of the property shall be designed as open space as defined
in the LDC. Open space shall include landscape buffers, passive open space
such as pocket parks, dog parks, wetlands, improved water retention or
improved water detention ponds. Improvements to water retention or water
detention ponds shall be defined as a six (6) foot stabilized walking path
with two (2) dog waste stations (dog -bags and trash receptacle). One six (6)
foot stabilized walking path with three (3) dog waste stations shall be
provided along the perimeter of Pond P6. A six (6) foot privacy fence shall
be provided along the southerly project boundary. Ownership and
maintenance responsibility of all recreation/open space areas, including but
not limited to improvements such as fencing, will be that of the
Homeowner's Association.
V. Streetlights. Streetlights shall be installed by the Developer at all entrances,
mailbox locations, parking lots/areas, bypass for emergency vehicles and
intersections and shall meet the requirements set forth in the LDC prior to
issuance of the Certificate of Occupancy on the first dwelling unit. The
HOA will be responsible for the streetlights; including payment to Florida
Power and Light for maintenance and power consumption.
vi. Wetlands. Prior to Final Plat approval, the Developer shall place all on-site
wetlands not otherwise identified on the Master Plan for mitigation in a
conservation easement to the benefit of the City to ensure that such areas
retain their natural, vegetative, hydrologic, and scenic condition and
existing plants and wildlife.
18
Instrument #2024113145 #22 Book:8568 Page:764
7. IMPACT FEES
Impact fees will be paid in accordance with the following schedule:
a. Impact Fees shall be paid at the time of building permit issuance for each dwelling
unit at the rate in effect at that time.
b. Volusia County or City Utility Impact and Connection Fees shall be paid in
accordance with the terms of the Utility Service Agreement, entered into and
executed between the Developer and the City of Edgewater or County of Volusia.
C. Volusia County Road and School Impact fees shall be paid to the County by
applicant with proof of payment provided to the City prior to a Building Certificate
of Occupancy. The developer agrees to donate a student pick up and drop off area
along the entrance of the project in exchange for impact fee credits and acceptance
of the dedication by the School Board. The scope, construction, size, and
acceptance of the aforementioned donation by the School Board shall be
determined by the developer and School Board prior to final plat.
8. BONDS
A Maintenance Bond equal to 10% of the cost of the infrastructure improvements shall be
provided to the City and the County prior to recording the Final Plat. The Maintenance Bond shall
be in effect for a two (2) year period from the date of completion of the public facilities.
A Performance Bond, or other acceptable financial instrument such as a Letter of Credit,
may be accepted by the City and shall be 130% of the costs of all remaining required
improvements. A performance bond for the Water and Sanitary Sewer facilities may be provided
in accordance with the terms of the Utility Services Agreement.
19
Instrument #2024113145 #23 Book:8568 Page:765
9. CONSISTENCY OF DEVELOPMENT
The City agrees to issue the required permits for the development in the manner defined in
the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive
Plan and Land Development Code and is compliant with all concurrency requirements set forth in
said documents.
10. PERMITS REQUIRED
The Developer will obtain required development permits or letters of exemption. Permits
may include but not be limited to the following:
Florida Department of Environmental Protection, Florida Department of Health, St.
Johns River Water Management District, Army Corps of Engineers and Florida
Fish and Wildlife Conservation Commission,
2. City of Edgewater - Subdivision Preliminary and Final Plat Approval, Subdivision
Construction Plan Approval, all applicable clearing, removal, construction and
building permits.
3. County of Volusia-Potable Water System and Sanitary Sewer System Construction
Plan Approval, including shop drawings.
Developer agrees to reimburse the City of Edgewater for direct costs associated with the
legal review, engineering review, construction inspections, construction of required infrastructure
improvements, and the review and approval of the final plat related to the development, including
recording fees.
11. DEDICATION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the City, by warranty deed and title insurance free and clear
of all liens and encumbrances at plat dedication, all utility easements as required. All utilities shall
be dedicated to the City of Edgewater.
20
Instrument #2024113145 #24 Book:8568 Page:766
12. DEVELOPMENT REOUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction
shall not relieve the Developer of the necessity of complying with those permitting requirements,
conditions, terms or restrictions and any matter or thing required to be done under the existing
ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived
unless such modification, amendment or waiver is expressly provided for in this Agreement with
specific reference to the ordinance provisions so waived.
13. HEALTH SAFETY AND WELFARE REQUIREMENTS
The Developer shall comply with such conditions, terms, restrictions or other requirements
determined to be necessary by the City for the public health, safety or welfare of its citizens.
14. APPEAL
If the Developer is aggrieved by any City official interpreting the terms of this Agreement,
the Developer shall file a written appeal to the City Manager. After receiving the written appeal,
the appeal will be reviewed by the City Manager and City Attorney. If the City Manager cannot
resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the City
Council is the final authority concerning this Agreement.
15. PERFORMANCE GUARANTEES
During the term of this Agreement, regardless of the ownership of the Property, the
Property shall be developed in compliance with the terms of this Agreement and applicable
regulations of the City not inconsistent with, or contrary to, this Agreement and approved Site
Plan.
16. BINDING AFFECT
The provisions of this Agreement, including any and all supplementing amendments, and
all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest
21
Instrument #2024113145 #25 Book:8568 Page:767
and assigns and any person, firm, corporation, or entity who may become the successor in interest
to the land subject to this Agreement or any portion thereof and shall run with the land and shall
be administered in a manner consistent with the laws of the State of Florida.
17. RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the
Court in Volusia County. The cost of recording shall be paid by the Developer.
18. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12 months,
commencing 12 months after the date of this Agreement to determine if there has been good faith
compliance with the terms of this Agreement. If the City finds on the basis of competent substantial
evidence that there has been a failure to materially comply with the terms of this Agreement, the
Agreement may be revoked or modified by the City. Any such revocation or modification shall
only occur after the City has notified the Developer in writing of Developer's failure to materially
comply with the terms of this Agreement and Developer fails to cure such breach after receiving
written notice and a reasonable opportunity to cure such breach from the City.
19. APPLICABLE LAW
This Agreement and provisions contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
20. TIME OF THE ESSENCE
Time is hereby declared of the essence of the lawful performance of the duties and
obligations contained in the Agreement.
21. AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous discussions, understandings, and agreements, with respect to the subject matter hereof.
22
Instrument #2024113145 #26 Book:8568 Page:768
Amendments to and waivers of the provisions of this Agreement shall be made by the parties only
in writing by formal amendment. Substantial changes, as determined by the City Manager, shall
require City Council approval.
22. FURTHER DOCUMENTATION
The parties agree that at any time following a request therefore by the other party, each
shall execute and deliver to the other party such further documents and instruments, in form and
substance reasonably necessary to confirm and/or effectuate the obligations of either party
hereunder.
23. SPECIFIC PERFORMANCE
Both the City and the Developer shall have the right to enforce the terms and conditions of
this Agreement by an action for specific performance.
24. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same instrument.
25. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only, and the
words contained therein shall in no way be held to explain, amplify or aid in the interpretation,
construction, or meaning of the provisions of this Agreement.
26. SEVERABILITY
If any sentence, phrase, paragraph, provision or portion of this Agreement is for any reason
held invalid or unconstitutional by any court of the competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not affect the validity
of the remaining portion hereof.
23
Instrument #2024113145 #27 Book:8568 Page:769
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and
entered into the date and year first written above.
ATTEST:
J
�` on�iie lotnik,
City.erk
CITY COUNCIL OF THE
CITYOF DGEWATER, FLORIDA
By:
Diezel DePew,
Mayor
OWNERIDEVELOPER
Washington Park Holdings, LLC,
a Delaware limited liability company
Printed Name, Title
=F
OF a
The foregoing instrument was acknowledged before me by means ofphysical presence or ❑
online notarization, on this _qNay of lm,,4 2024, by E � Got�S�►r'�`cd
as tr- of Washington Park Holdings, LLC, who is personally known to me or ❑
who has produced as identification and who did not take an oath.
zo���
Not4y Public
Stamp/Seal MOSHE ZACHARY GRUNFELD
NOTARY PUBLIC,
M AND FOR THE PROVINCE OF ONTARIO.
MYCOMMISSION IS FOR LIFE
24
Instrument #2024113145 #28 Book:8568 Page:770
EXHIBIT "A"
LEGAL DESCRIPTION
BEGINNING AT THE SOUTHWESTERLY CORNER OF THE JANE MURRAY GRANT, SECTION 48, TOWNSHIP
AT THE SOUTHWESTERLY CORNER OF THE JANE MURRAY GRANT, SECTION 48, TOWNSHIP 18 SOUTH,
RANGE 34 EAST, AS DEPICTED ON WASHINGTON PARK, INC., PART V, ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 66, PUBLIC RECORDS OF VOLUSIA PLAT BOOK 11, PAGE
66, PUBLIC RECORDS OF VOLUSIA, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE, ALONG
THE SOUTHEASTERLY LINE OF SAID JANE MURRAY GRANT, RUN NORTH 68°46'45" EAST, A DISTANCE OF
1,363.19 FEET; THENCE, DEPARTING SAID SOUTHEASTERLY LINE AND ALONG THE NORTHWESTERLY
PROLONGATION AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF MATTON AVENUE, SAID PLAT BOOK
11, PAGE 38, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, PLAT BOOK 11, PAGE 38, PUBLIC RECORDS
OF VOLUSIA COUNTY, FLORIDA, , PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, RUN SOUTH 22-39-19--
EAST,
2°39'19"EAST, A DISTANCE OF 1,653.54 FEET; THENCE, DEPARTING SAID SOUTHWESTERLY RIGHT-OF-WAY LINE,
RUN SOUTH 68°46'45" WEST, A DISTANCE OF 255.62 FEET TO THE CENTERLINE OF A 10' WIDE ALLEY OF
SAID PLAT BOOK 11, PAGE 38; THENCE, ALONG SAID CENTERLINE, RUN SOUTH 2299'19" EAST, A
DISTANCE OF 48.50 FEET; THENCE, DEPARTING SAID CENTERLINE, RUN NORTH 68°46'45" EAST, A
DISTANCE OF 255.62 FEET TO SAID SOUTHWESTERLY RIGHT-OF-WAY LINE; THENCE, ALONG SAID
SOUTHWESTERLY RIGHT-OF-WAY LINE, RUN SOUTH 2203919" EAST, A DISTANCE OF 48.50 FEET, THENCE,
DEPARTING SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, RUN SOUTH 68°46'45" WEST, A DISTANCE OF
255.62 FEET TO SAID CENTERLINE; THENCE, ALONG SAID CENTERLINE, RUN SOUTH 22039'19" EAST, A
DISTANCE OF 47.18 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF LITTLE STREET OF SAID PLAT BOOK
11, PAGE 38; THENCE, PLAT BOOK 11, PAGE 38; THENCE,; THENCE, ALONG SAID NORTHERLY RIGHT-OF-
WAY LINE, RUN NORTH 87°49'13" EAST, A DISTANCE OF 272.78 FEET TO THE INTERSECTION OF SAID
NORTHERLY RIGHT-OF-WAY LINE AND SAID SOUTHWESTERLY RIGHT-OF-WAY LINE; THENCE, ALONG THE
SOUTHEASTERLY PROLONGATION OF SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, RUN SOUTH 22-39'19--
EAST,
2°39'19"EAST, A DISTANCE OF 44.89 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID LITTLE
STREET, THENCE, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, RUN SOUTH 87034'51" WEST, A
DISTANCE OF 442.17 FEET, THENCE, CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, RUN
SOUTH 87020'05" WEST, A DISTANCE OF 308.51 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY
LINE; THENCE, DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE AND ALONG THE PROLONGATIONS OF
AND THE NORTHEASTERLY RIGHT-OF-WAY LINE OF PALMETTO AVENUE, AS DEPICTED ON WASHINGTON
PARK, INC., PART IV, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE
181, PUBLIC RECORDS OF VOLUSIA PLAT BOOK 9, PAGE 181, PUBLIC RECORDS OF VOLUSIA , PUBLIC
RECORDS OF VOLUSIA COUNTY, FLORIDA, RUN NORTH 22039'19" WEST, A DISTANCE OF 766.52 FEET TO
A POINT; THENCE RUN SOUTH 68°46'45" WEST, A DISTANCE OF 126.47 FEET TO A POINT ON THE
SOUTHWESTERLY LINE OF SAID PLAT BOOK 9, PAGE 181; THENCE, ALONG SAID SOUTHWESTERLY LINE,
RUN SOUTH 19°50'11" EAST, A DISTANCE OF 368.72 FEET TO A POINT; THENCE, DEPARTING SAID
SOUTHWESTERLY LINE, RUN NORTH 68°46'45" WEST, A DISTANCE OF 114.60 FEET TO A POINT ON THE
SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID PALMETTO AVENUE; THENCE, ALONG SAID
SOUTHWESTERLY RIGHT-OF-WAY LINE, RUN SOUTH 22°39'19" EAST, A DISTANCE OF 126.60 FEET; THENCE,
DEPARTING SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, RUN SOUTH 68°46'45" WEST, A DISTANCE OF
120.83 FEET TO A POINT ON SAID SOUTHWESTERLY LINE; THENCE, ALONG SAID SOUTHWESTERLY LINE,
RUN SOUTH 19050'11" EAST, A DISTANCE OF 101.59 FEET TO A POINT, THENCE, DEPARTING SAID
SOUTHWESTERLY LINE, RUN NORTH 68046'45" WEST, A DISTANCE OF 125.82 FEET TO A POINT ON SAID
SOUTHWESTERLY RIGHT-OF-WAY LINE; THENCE, ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE
AND THE SOUTHEASTERLY PROLONGATION THEREOF, RUN SOUTH 22°39'19" EAST, A DISTANCE OF
159.43 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF SAID LITTLE STREET; THENCE RUN
25
Instrument #2024113145 #29 Book:8568 Page:771
SOUTH 87020'05" WEST, A DISTANCE OF 1172.23 FEET TO THE SOUTHWESTERLY CORNER OF LOT 22,
BLOCK 5, OF SAID PLAT BOOK 11, PAGE 66; THENCE, ALONG THE SOUTHWESTERLY LINE OF SAID PLAT
BOOK 11, PAGE 66; THENCE, ALONG THE SOUTHWESTERLY LINE OF SAID ; THENCE, ALONG THE
SOUTHWESTERLY LINE OF SAID LOT 22, RUN NORTH 11°54'26" WEST, A DISTANCE OF 208.90 FEET TO THE
NORTHWESTERLY CORNER OF SAID LOT 22; THENCE, ALONG THE SOUTHEASTERLY LINE OF LOT 21, BLOCK
6, OF SAID PLAT BOOK 11, PAGE 66, RUN SOUTH 78°22'02" WEST, A DISTANCE OF 618.42 FEET TO THE,
RUN SOUTH 78°22'02" WEST, A DISTANCE OF 618.42 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT
21, SAID POINT ALSO BEING A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF MARYLAND AVENUE OF
SAID PLAT BOOK 11, PAGE 66; THENCE, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, RUN NORTH
01'13'57" WEST, A DISTANCE OF 370.32 FEET TO A POINT ON SAID EASTERLY RIGHT-OF-WAY LINE;
THENCE, ALONG THE EASTERLY PROLONGATION OF AND THE NORTHERLY RIGHT-OF-WAY LINE OF
GEORGIA AVENUE, AS DEPICTED ON WASHINGTON PARK, INC., PART I, ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 65, PLAT BOOK 11, PAGE 65, , PUBLIC RECORDS OF
VOLUSIA COUNTY, FLORIDA, RUN SOUTH 89'41'51" WEST, A DISTANCE OF 563.92 FEET TO A POINT ON
THE MONUMENTED, EASTERLY RIGHT-OF-WAY LINE OF VOLCO ROAD; THENCE, ALONG SAID EASTERLY
RIGHT-OF-WAY LINE, RUN NORTH 00030'45" EAST, A DISTANCE OF 249.99 FEET TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF LINCOLN AVENUE, OF SAID PLAT BOOK PLAT BOOK 11, PAGE 65;
THENCE, DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE AND ALONG SAID SOUTHERLY ; THENCE,
DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE AND ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE
AND THE EASTERLY PROLONGATION THEREOF, RUN NORTH 89'41'51" EAST, A DISTANCE OF 556.31 FEET
TO THE EASTERLY RIGHT-OF-WAY LINE OF SAID MARYLAND AVENUE; THENCE, CONTINUING ALONG SAID
EASTERLY RIGHT-OF-WAY LINE, RUN NORTH 01'13'57" WEST, A DISTANCE OF 526.74 FEET TO THE
SOUTHERLY CORNER OF LOT 7, BLOCK 6, OF SAID PLAT BOOK 11, PAGE 66; THENCE, ALONG SAID
SOUTHERLY LINE AND THE EASTERLY PROLONGATION THEREOF, RUN NORTH 89'41'51" EAST, A
DISTANCE OF 485.69 FEET TO THE CENTERLINE OF OHIO STREET, OF SAID PLAT BOOK 11, PAGE 66;
THENCE, ALONG SAID CENTERLINE, RUN NORTH 18'15'42" WEST, A DISTANCE ; THENCE, ALONG SAID
CENTERLINE, RUN NORTH 18'15'42" WEST, A DISTANCE OF 152.95 FEET TO A POINT; THENCE, ALONG THE
EASTERLY PROLONGATION AND THE NORTHERLY LINE OF LOT 6, BLOCK 6, OF SAID PLAT BOOK 11, PAGE
66, RUN SOUTH 89'41'51" WEST, A PLAT BOOK 11, PAGE 66, RUN SOUTH 89'41'51" WEST, A, RUN SOUTH
89'41'51" WEST, A DISTANCE OF 440.89 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 6 AND A
POINT ON SAID EASTERLY RIGHT-OF-WAY LINE OF MARYLAND AVENUE; THENCE, CONTINUING ALONG
SAID EASTERLY RIGHT-OF-WAY LINE, RUN NORTH 01'13'57' WEST, A DISTANCE OF 1262.78 FEET TO A
POINT ON THE NORTHERLY LINE OF SAID PLAT BOOK 11, PAGE 66; THENCE, ALONG SAID NORTHERLY
LINE, RUN NORTH 89'41'51" EAST A DISTANCE OF 134.84 FEET TO THE NORTHEASTERLY CORNER OF LOT
1, BLOCK 1, OF SAID PLAT BOOK 11, PAGE 66; THENCE, ALONG THE NORTHEASTERLY LINE OF SAID PLAT
BOOK 11, PAGE 66, RUN SOUTH 21'57'51" EAST A DISTANCE OF 1,355.27 FEET TO THE POINT, RUN SOUTH
21'57'51" EAST A DISTANCE OF 1,355.27 FEET TO THE POINT OF BEGINNING.
CONTAINING 3,876,066 SQUARE FEET OR 88.982 ACRES, MORE OR LESS.
TOGETHER WITH
COMMENCING AT THE SOUTHWESTERLY CORNER OF THE JANE MURRAY GRANT, SECTION 48,
TOWNSHIP AT THE SOUTHWESTERLY CORNER OF THE JANE MURRAY GRANT, SECTION 48, TOWNSHIP
18 SOUTH, RANGE 34 EAST, AS DEPICTED ON WASHINGTON PARK, INC., PART II, ACCORDING TO THE
MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 38, PUBLIC RECORDS OF VOLUSIA PLAT
BOOK 11, PAGE 38, PUBLIC RECORDS OF VOLUSIA , PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA,
RUN, ALONG THE SOUTHEASTERLY LINE OF SAID JANE MURRAY GRANT, NORTH 68046'45" EAST, A
DISTANCE OF 1,403.20 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUING POINT OF BEGINNING;
26
Instrument #2024113145 #30 Book:8568 Page:772
THENCE, CONTINUING ; THENCE, CONTINUING ALONG SAID SOUTHEASTERLY LINE, RUN NORTH
6804645" EAST, A DISTANCE OF 480.03 FEET TO THE SOUTHWESTERLY, LIMITED ACCESS RIGHT-OF-WAY
LINE OF FLORIDA EAST COAST RAILROAD, AS DEPICTED ON SAID PLAT BOOK 11, PAGE 38; THENCE,
ALONG SAID SOUTHWESTERLY, LIMITED ACCESS RIGHT-OF-WAY LINE, RUN SOUTH 22°39'19" EAST, A
DISTANCE OF 579.97 FEET TO A POINT ON SAID SOUTHWESTERLY, LIMITED ACCESS RIGHT-OF-WAY LINE;
THENCE, DEPARTING SAID SOUTHWESTERLY, LIMITED ACCESS RIGHT-OF-WAY LINE, RUN SOUTH
68°46'45" WEST, A DISTANCE OF 20.01 FEET, THENCE RUN NORTH 22°39'19" WEST, A DISTANCE OF 344.52
FEET TO A POINT; THENCE RUN SOUTH 68°46'45" WEST, A DISTANCE OF 120.01 FEET; THENCE RUN SOUTH
22°39'19" EAST, A DISTANCE OF 319.52 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE
OF SAID WASHINGTON BOULEVARD; THENCE, ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE, RUN
SOUTH 68046'45" WEST, A DISTANCE OF 340.01 FEET TO THE INTERSECTION OF SAID NORTHWESTERLY
RIGHT-OF-WAY LINE AND THE NORTHEASTERLY RIGHT-OF-WAY LINE OF MATTON AVENUE, AS DEPICTED
ON SAID PLAT BOOK 11, PAGE 38; THENCE, ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, RUN
NORTH 22°39'19" WEST, A DISTANCE OF 172.26 FEET TO A POINT ON SAID NORTHEASTERLY RIGHT-OF-
WAY LINE; THENCE, DEPARTING SAID NORTHEASTERLY RIGHT-OF-WAY LINE, RUN NORTH 68046'45" EAST,
A DISTANCE OF 220.01 FEET TO A POINT ON THE CENTERLINE OF BALTIMORE AVENUE, AS DEPICTED ON
SAID PLAT BOOK 11, PAGE 38; THENCE, ALONG SAID CENTERLINE, RUN NORTH 2239'19" WEST, A
DISTANCE OF 49.09 FEET TO A POINT, THENCE, DEPARTING SAID CENTERLINE, RUN SOUTH 68°46'45"
WEST, A DISTANCE OF 220.01 FEET TO SAID NORTHEASTERLY RIGHT-OF-WAY LINE; THENCE, ALONG SAID
NORTHEASTERLY RIGHT-OF-WAY LINE, RUN NORTH 22°39'19" WEST, A DISTANCE OF 441.78 FEET TO A
POINT, THENCE, DEPARTING SAID NORTHEASTERLY RIGHT-OF-WAY, RUN NORTH 68046'45" EAST, A
DISTANCE OF 200.01 FEET TO SAID CENTERLINE; THENCE, ALONG SAID CENTERLINE, RUN NORTH
22°39'19" WEST, A DISTANCE OF 49.09 FEET TO A POINT, THENCE, DEPARTING SAID CENTERLINE, RUN
SOUTH 68°46'45" WEST, A DISTANCE OF 220.01 FEET TO SAID NORTHEASTERLY RIGHT-OF-WAY LINE;
THENCE, ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE AND THE NORTHWESTERLY
PROLONGATION THEREOF, RUN NORTH 22°39'19" WEST, A DISTANCE OF 187.27 FEET TO THE POINT OF
BEGINNING.
CONTAINING 372,217 SQUARE FEET OR 8.545 ACRES, MORE OR LESS.
TOGETHER WITH
COMMENCING AT THE SOUTHWESTERLY CORNER OF THE JANE MURRAY GRANT, SECTION 48,
TOWNSHIP AT THE SOUTHWESTERLY CORNER OF THE JANE MURRAY GRANT, SECTION 48, TOWNSHIP
18 SOUTH, RANGE 34 EAST, AS DEPICTED ON WASHINGTON PARK, INC., PART II, ACCORDING TO THE
MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 38, PUBLIC RECORDS OF VOLUSIA PLAT
BOOK 11, PAGE 38, PUBLIC RECORDS OF VOLUSIA, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA,
RUN, ALONG THE SOUTHEASTERLY LINE OF SAID JANE MURRAY GRANT, NORTH 68046'45" EAST A
DISTANCE OF 1,883.23 FEET TO THE SOUTHWESTERLY, LIMITED ACCESS RIGHT-OF-WAY LINE OF
FLORIDA EAST COAST RAILROAD, AS DEPICTED ON SAID PLAT BOOK 11, PAGE PLAT BOOK 11, PAGE 38;
THENCE, ALONG SAID SOUTHWESTERLY, LIMITED ACCESS RIGHT-OF-WAY LINE, RUN SOUTH; THENCE,
ALONG SAID SOUTHWESTERLY, LIMITED ACCESS RIGHT-OF-WAY LINE, RUN SOUTH 22039'19" EAST, A
DISTANCE OF 949.50 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUING POINT OF
BEGINNING; THENCE, CONTINUING; THENCE, CONTINUING ALONG SAID SOUTHWESTERLY, LIMITED
ACCESS RIGHT-OF-WAY, RUN SOUTH 22°39'19" EAST, A DISTANCE OF 1160.90 FEET TO THE
SOUTHEASTERLY CORNER OF SAID PLAT BOOK 11, PAGE 38; THENCE, ALONG THE SOUTHERLY LINE OF
SAID PLAT BOOK 11, PAGE 38 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF LITTLE STREET OF SAID
PLAT BOOK 11, PAGE 38, RUN SOUTH 87°34'51" WEST, A DISTANCE OF 511.44 FEET TO A POINT ON SAID
SOUTHERLY RIGHT-OF-WAY LINE; THENCE, ALONG THE SOUTHEASTERLY PROLONGATION AND
27
Instrument #2024113145 #31 Book:8568 Page:773
NORTHEASTERLY RIGHT-OF-WAY LINE OF MATTON AVENUE, OF SAID PLAT BOOK 11, PAGE 38, RUN
NORTH 2203919" WEST, A DISTANCE OF 194.98 FEET TO A POINT; THENCE, DEPARTING SAID
NORTHEASTERLY RIGHT-OF-WAY LINE, RUN NORTH 68°46'45" EAST A DISTANCE OF 220.01 FEET TO THE
CENTERLINE OF BALTIMORE AVENUE, OF SAID PLAT BOOK 11, PAGE 38; THENCE, ALONG SAID
CENTERLINE, RUN NORTH 22°39'19" WEST A DISTANCE OF 48.50 FEET TO A POINT; THENCE, DEPARTING
SAID CENTERLINE, RUN SOUTH 68°46'45" WEST A DISTANCE OF 220.01 FEET TO SAID NORTHEASTERLY
RIGHT-OF-WAY LINE; THENCE, ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, RUN NORTH
22'39'19" WEST A DISTANCE OF 339.52 FEET TO A POINT; THENCE, DEPARTING SAID NORTHEASTERLY
RIGHT-OF-WAY LINE, RUN NORTH 68°46'45" EAST A DISTANCE OF 220.01 FEET TO SAID CENTERLINE;
THENCE, ALONG SAID CENTERLINE, RUN NORTH 22°39'19" WEST A DISTANCE OF 48.50 FEET TO A
POINT; THENCE, DEPARTING SAID CENTERLINE, RUN SOUTH 68°46'45" WEST A DISTANCE OF 120.01
FEET TO A POINT; THENCE RUN NORTH 22°39'19" WEST A DISTANCE OF 48.50 FEET TO A POINT;
THENCE RUN SOUTH 68046'45" WEST A DISTANCE OF 100.00 FEET TO SAID NORTHEASTERLY RIGHT-OF-
WAY LINE; THENCE, ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, RUN NORTH 22°39'19" WEST A
DISTANCE OF 145.51 FEET TO A POINT, THENCE, DEPARTING SAID NORTHEASTERLY RIGHT-OF-WAY
LINE, RUN NORTH 68046'45" EAST A DISTANCE OF 220.01 FEET TO SAID CENTERLINE; THENCE, ALONG
SAID CENTERLINE, RUN NORTH 22°39'19" WEST A DISTANCE OF 48.50 FEET A POINT; THENCE,
DEPARTING SAID CENTERLINE, RUN SOUTH 68°46'45" WEST A DISTANCE OF 220.01 FEET TO SAID
NORTHEASTERLY RIGHT-OF-WAY LINE; THENCE, ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE,
RUN NORTH 22039'19" WEST A DISTANCE OF 122.00 FEET TO THE INTERSECTION OF SAID
NORTHEASTERLY RIGHT-OF-WAY LINE AND THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF
WASHINGTON, OF SAID PLAT BOOK 11, PAGE 38; THENCE, ALONG SAID SOUTHEASTERLY RIGHT-OF-
WAY LINE AND THE NORTHEASTERLY PROLONGATION THEREOF, RUN NORTH 68046'45" EAST, A
DISTANCE OF 480.03 FEET TO THE POINT OF BEGINNING.
CONTAINING 480,674 SQUARE FEET OR 11.035 ACRES, MORE OR LESS.
28
Instrument #2024113145 #32 Book:8568 Page:774 Laura E. Roth, Volusia County Clerk of Court
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