2024-O-22 - RZ 35th St and India Palm Drive7/8/2024 10:27:00 AM Instrument #2024130091 #1 Book:8578 Page:2056
ORDINANCE NO. 2024-0-22
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-3 (URBAN SINGLE
FAMILY) TO CITY RPUD (RESIDENTIAL PLANNED UNIT
DEVELOPMENT) FOR 4.05-+ ACRES OF CERTAIN REAL
PROPERTY GENERALLY LOCATED AT INDIA PALM
DRIVE AND 35TH STREET (PARCEL IDENTIFICATION
NUMBER 8411-00-00-0011 and 8402-0108-25-90)9
EDGEWATER, FLORIDA; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEWATER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Mark Karet, applicant, on behalf of Leon Alcantara, owner, of property generally
located at India Palm Drive and 35th Street, within Volusia County, Florida. Subject property
contains approximately 4.05± acres.
2. The owner has submitted an application for a change in zoning classification from
County R-3 (Urban Single Family) to City RPUD (Residential Planned Unit Development) for
the property described herein.
3. On May 8, 2024, 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 elements of the
Edgewater Comprehensive Plan.
5. The proposed change in zoning classification is not contrary to the established land
use pattern.
6. The proposed change in zoning classification will not adversely impact public
facilities.
2024-0-22
Instrument #2024130091 #2 Book:8578 Page:2057
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 is hereby changed from County R-3 (Urban Single Family) to City
RPUD (Residential Planned Unit Development), for the property described in Exhibits "A" & B".
PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF
EDGEWATER, FLORIDA.
The Development Services Director is hereby authorized and directed to amend the Official
Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for
the above described property.
PART C. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If 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.
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Instrument #2024130091 #3 Book:8578 Page:2058
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 of , , 2024.
eouvT4=�
(� a Diezel DePew, Mayor
'TES
Bonnie Zlotnik, C, City Clerk
Passed on first reading on they_ day of 2024
REVIEWED AND APPROVED: 9)
Aaron R. Wolfe, eA'ttomey
2024-0-22
Instrument #2024130091 #4 Book:8578 Page:2059
EXHIBIT "A"
LEGAL DESCRIPTION
LEGAL DESCRIPTION: LOTS 8259, 8260, 8261, 8262, AND 8263, BLOCK 241, FLORIDA
SHORES UNIT NO. 9, ACCORDING TO THE MAP OR PLAT THEREOF, AS OTS 8259,
8260, 8261, 8262, AND 8263, BLOCK 241, FLORIDA SHORES UNIT NO. 9, ACCORDING
TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 134, OF THE
PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND A PORTION OF
GOVERNMENT LOT 1, SECTION 11, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA
COUNTY, FLORIDA LYING WEST OF FLORIDA EAST COAST RAILWAY RIGHT OF
WAY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AS A POINT OF REFERENCE, COMMENCE AT THE SOUTHEAST CORNER OF SAID
GOVERNMENT LOT 1; THENCE, SOUTH 68°33'30" WEST ALONG THE NORTH LINE
OF THE JANE MURRAY GRANT, SECTION 48, TOWNSHIP 18 SOUTH, RANGE 34
EAST, VOLUSIA COUNTY, FLORIDA, A DISTANCE OF 955.40 FEET TO THE
INTERSECTION OF SAID LINE AND THE EASTERLY RIGHT OF WAY OF THE
FLORIDA EAST COAST RAILWAY; THENCE, SOUTH 68°33'30" WEST ALONG SAID
NORTH LINE A DISTANCE OF 100.03 FEET TO THE INTERSECTION OF SAID LINE
AND THE WESTERLY RIGHT OF WAY OF SAID FLORIDA EAST COAST RAILWAY
AND THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED; THENCE,
SOUTH 68033'30" WEST ALONG SAID NORTH LINE, A DISTANCE OF 239.77 FEET TO
THE INTERSECTION OF SAID LINE AND THE SOUTH LINE OF GOVERNMENT LOT 1;
THENCE, SOUTH 88°57'20" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 115.88
FEET TO THE SOUTHWEST CORNER THEREOF; THENCE, NORTH 00°33'40" WEST
ALONG THE WEST LINE OF GOVERNMENT LOT 1, A DISTANCE OF 550.65 FEET TO
THE SOUTHERLY CORNER OF SAID LOT 8259; THENCE, NORTH 21112'05" WEST, A
DISTANCE OF 284.63 FEET TO THE NORTHWEST CORNER OF SAID LOT 8263;
THENCE, NORTH 68046'07" EAST ALONG THE NORTH LINE OF LOT 8263, A
DISTANCE OF 107.23 FEET TO THE NORTHEAST CORNER THEREOF, SAID CORNER
LYING ON THE WEST LINE OF GOVERNMENT LOT 1; THENCE, NORTH 00°33'40"
WEST ALONG SAID WEST LINE, A DISTANCE OF 65.15 FEET TO THE INTERSECTION
OF SAID LINE AND THE WESTERLY RIGHT OF WAY OF FLORIDA EAST COAST
RAILWAY; THENCE, SOUTH 22°44'40" EAST ALONG SAID WESTERLY RIGHT OF
WAY, A DISTANCE OF 900.21 FEET TO THE POINT OF BEGINNING AND CLOSE. SAID
PARCEL CONTAINING 176,452 SQ.FT. OR 4.05 ACRES, MORE OR LESS.
2024-0-22
Prepared by: Bonnie Zlotnik, City Clerk
City of Edgewater
104 N. Riverside Drive
Edgewater, FL 32132
EXHIBIT "B"
Instrument #2024130091 #5 Book:8578 Page:2060
PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
INDIA PALM PLACE
THIS AGREEMENT is made and entered into thisL 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, Leon N. Alcantara, individually (herein after referred to as "Owner").
The purpose of this Agreement is to define the terms and conditions granting the development
approval of the subject property.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set
forth herein and other good and valuable consideration, the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 4.05± acres located at India Palm
Drive, 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 Leon N.
Alcantara.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be twenty (20) years and run with the land. The terms
of this Agreement shall only apply in the event the Owner, or its successors and/or assigns,
develops the Property. In the event Owner commences development of the property, construction
as defined by the Master Plan, dated May 81h, 2024, (Exhibit "B") shall commence within thirty -
2024 -0-22
INDIA PALM PLACE RPUD AGREEMENT
Instrument #2024130091 #6 Book:8578 Page:2061
six (36) months of the effective date of this Agreement. If Owner shall not commence development
of the property within such thirty-six (36) month period, this Agreement shall lapse, and the parties
shall be released from all further obligation. The Agreement may be extended by mutual consent
of the governing body and the Owner, subject to a public hearing. Commencement of construction
means to begin performing construction of the initial dwelling unit, onsite modification,
fabrication, erection or installation of a treatment facility or a conveyance system for the discharge
of wastes and on-site modification, fabrication, 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 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 six (6) dwelling units per net acre or 20
dwelling units. The Master Plan depicts 18 total duplex lots. The Master Plan may be revised to
reconfigure the location and adjust the number of duplex lots and/or units, as the case may be,
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INDIA PALM PLACE RPUD AGREEMENT
Instrument #2024130091 #7 Book:8578 Page:2062
without amendment to this Agreement so long as the maximum number of residential units stated
above is not exceeded and such changes comply with the standards set forth in this Agreement.
b. Minimum Lot Size for a Duplex Unit
Area: 4,687.5 square feet.
Width: 37.5 per subdivided unit
Depth: 125 feet
C. Minimum House Square Footage
The minimum gross house square footage for duplex units shall be at least 1,000 square
feet living area under air, with a minimum of a one -car garage. The minimum driveway width is
16 feet. Carports will not be permitted for any units.
d. Minimum Yard Size and Setbacks
Front: 30 feet
Rear: 25 feet
Side: 10 feet
Side Corner: 25 feet
Max Height: 35 feet
Max Building Coverage: 40%
Max Impervious Coverage: 70%
Patios are allowed in the rear yard and may extend to the rear building setback, but
shall not be located in any access or drainage easement and shall not exceed the
maximum impervious coverage.
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INDIA PALM PLACE RPUD AGREEMENT
Instrument #2024130091 #8 Book:8578 Page:2063
A 6 foot tall vinyl or wooden privacy fence is allowed at the front plane of the
structure, the side yard, and rear yard. Fences shall not be permitted in the front
yard.
Pools must be set back 5 feet from the principal structure and 5 feet from the rear
building setback as long as the maximum impervious coverage is not exceeded.
A trash receptacle concrete pad at four feet wide and four feet in length may be
located on the side yard immediately adjacent to the air conditioning pad. A four
foot wide concrete path may be installed from the trash receptacle pad adjacent to
the air conditioning pad to 4 feet beyond the front plane of the building. The trash
receptacle pad and path shall not exceed the maximum impervious coverage. In
addition, the concrete pad and path may not encroach in any drainage or utility
easement.
e. Trees
Minimum Tree Protection Requirements shall be as depicted on the tree preservation plan
within the Master Development Plan.
f. Landscaping and Irrigation
Landscaping and irrigation plans for common areas must be submitted with final
construction plans. Irrigation shall comply with the LDC. Landscaping shall adhere to the
following as found in the construction plans:
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2024-0-22
INDIA PALM PLACE RPUD AGREEMENT
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Instrument #2024130091 #9 Book:8578 Page:2064
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Common areas shall be irrigated. All irrigation must comply with all Volusia County
Water Wise Landscape Irrigation Standards.
g. Air Conditioning
All lots shall have air conditioning units and pads located adjacent to the neighboring
garage or located behind each house/dwelling unit.
h. 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 shall be dedicated to the City and any other public utility provider.
Owner 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.
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INDIA PALM PLACE RPUD AGREEMENT
Instrument #2024130091 #10 Book:8578 Page:2065
4. HOMEOWNERS ASSOCIATION
The Owner shall establish a mandatory Homeowners Association (HOA) for the purpose
of maintaining the property and enforcing applicable covenants and restrictions, and said
documents shall include a prohibition against short term rentals. 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 Medium Density Residential 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 (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 Owner'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. However, the Owner shall only be
required to construct that portion of the sewer lines necessary to service proposed
dwelling units as part of the construction of individual dwelling units.
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INDIA PALM PLACE RPUD AGREEMENT
Instrument #2024130091 #11 Book:8578 Page:2066
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. Owner, at the time of development, shall provide all public facilities to support this
project including the following:
f. Water Distribution System including fire hydrants. Owner agrees to connect to and
utilize the City's water distribution system. Owner agrees to connect to the City's
potable water system at nearest point of connection. All water distribution systems
shall be "looped" wherever possible in order to prevent any future stagnation of
water supply. All water main distribution system improvements will be installed by
the Owner and conveyed to the City by Bill of Sale in a form acceptable to the City
and dedicated to the City prior to or at time of platting or in accordance with the
requirements contained in the Land Development Code as it relates to
performance bonds unless otherwise modified by this Agreement.
g. Sewage Collection and Transmission System. Owner agrees to connect to and
utilize the City's wastewater transmission and collection system. All wastewater
collection and transmission system improvements will be installed by the Owner
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 unless otherwise modified
by this Agreement.
h. Stormwater collection/treatment system, including outfall s s� The retention
and detention pond(s) shall meet the requirements for the St. Johns River Water
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INDIA PALM PLACE RPUD AGREEMENT
Instrument #2024130091 #12 Book:8578 Page:2067
Management District and the City of Edgewater LDC. The pond(s) will be owned
and maintained by the Homeowners Association (HOA). Owner 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
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) of the LDC, as may be amended
from time to time.
i. Reclaimed Water Distribution System. The City has determined that reclaimed
water is available. Therefore, the Owner shall install irrigation using reclaimed
water for each unit.
j. Streetlights shall be installed by the Owner at the intersection of 35th Street and
India Palm Drive and between the last two duplexes at the northern end of the
subdivision 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.
k. 35th Street Right-of-way. The owner shall convey title to the 35`" Street right-of-
way, the dimensions of which are illustrated on the Master Plan, as part of
Preliminary Plat Approval. The form of the conveyance instrument shall be a quit
claim deed which shall include a provision requiring return of the conveyed
property to the owner upon construction of an additional public vehicular access
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INDIA PALM PLACE RPUD AGREEMENT
Instrument #2024130091 #13 Book:8578 Page:2068
from 35th Street to Volco Road, or the City abandons the public use of the conveyed
property.
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 Road and School Impact fees (if deemed applicable by the Volusia
County School District) - Paid to County by applicant with proof of payment
provided to the City prior to a Building Certificate of Occupancy.
8. BONDS
A Maintenance Bond equal to 10% of the cost of the infrastructure improvements shall be
provided to the City 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.
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.
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INDIA PALM PLACE RPUD AGREEMENT
Instrument #2024130091 #14 Book:8578 Page:2069
10. PERMITS REQUIRED
The Owner will obtain required development permits or letters of exemption. Permits may
include but not be limited to the following:
1. Department of Environmental Protection, St. Johns River Water Management
District, Army Corps of Engineers and Florida Fish and Wildlife Conservation
Commission.
2. City of Edgewater - Subdivision Preliminary and Final Plat Approval, Subdivision
Construction Plan Approval, all applicable clearing, removal, construction and
building permits.
Owner 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 Owner shall convey to the City, by warranty deed and title insurance free and clear of
all liens and encumbrances at plat dedication, all roadway right-of-way and utility easements as
required. All utilities shall be dedicated to the City of Edgewater.
12. DEVELOPMENT REQUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction shall
not relieve the Owner 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
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INDIA PALM PLACE RPUD AGREEMENT
Instrument #2024130091 #15 Book:8578 Page:2070
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 Owner 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 Owner is aggrieved by any City official interpreting the terms of this Agreement, the
Owner 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.
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 Owner or its successors in interest and
assigns and any person, firm, corporation, or entity who may become the successor in interest to
the land subject to this Agreement or any portion thereof and shall run with the land and shall be
administered in a manner consistent with the laws of the State of Florida.
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INDIA PALM PLACE RPUD AGREEMENT
Instrument #2024130091 #16 Book:8578 Page:2071
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 Owner.
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 Owner in writing of Owner's failure to materially comply
with the terms of this Agreement and Owner 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.
Amendments to and waivers of the provisions of this Agreement shall be made by the parties only
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INDIA PALM PLACE RPUD AGREEMENT
Instrument #2024130091 #17 Book:8578 Page:2072
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 Owner 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.
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INDIA PALM PLACE RPUD AGREEMENT
Instrument #2024130091 #18 Book:8578 Page:2073
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and
entered into the date and year first written above.
ATTEST:
.Bonnie Zlotnik
Cp- I 'k
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INDIA PALM PLACE RPUD AGREEMENT
CITY COUNCIL OF THE
CITY OF EDGEWATER FLORIDA
By:
Diezel Depew
Mayor
Witnessed by:
Instrument #2024130091 #19 Book:8578 Page:2074
Printed Name, Thle
STATE OF FLORIDA
COUNTY OF VOLUSIA
Subs "bed and sworn before me this 1% jday of AC- , 2024 by means of
/
C� physicaI presence or ❑ online notarization, and who is ❑ personally known to me or LN'
pro uced the following identification V- �YWU5
If -
SEAL
NOT Y PUBLIC
KRISTEN FRY
Notary Pubft - State of Florida
Commission # HH 380170
My Comm. Expires Mar 29, 2021MP W
15
Instrument #2024130091 #20 Book:8578 Page:2075
EXHIBIT "A"
LEGAL DESCRIPTION
LEGAL DESCRIPTION: LOTS 8259, 8260, 8261, 8262, AND 8263, BLOCK 241, FLORIDA
SHORES UNIT NO. 9, ACCORDING TO THE MAP OR PLAT THEREOF, AS OTS 8259,
8260, 8261, 8262, AND 8263, BLOCK 241, FLORIDA SHORES UNIT NO. 9, ACCORDING
TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 134, OF THE
PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND A PORTION OF
GOVERNMENT LOT 1, SECTION 11, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA
COUNTY, FLORIDA LYING WEST OF FLORIDA EAST COAST RAILWAY RIGHT OF
WAY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AS A POINT OF REFERENCE, COMMENCE AT THE SOUTHEAST CORNER OF SAID
GOVERNMENT LOT 1; THENCE, SOUTH 68133'30" WEST ALONG THE NORTH LINE
OF THE JANE MURRAY GRANT, SECTION 48, TOWNSHIP 18 SOUTH, RANGE 34
EAST, VOLUSIA COUNTY, FLORIDA, A DISTANCE OF 955.40 FEET TO THE
INTERSECTION OF SAID LINE AND THE EASTERLY RIGHT OF WAY OF THE
FLORIDA EAST COAST RAILWAY; THENCE, SOUTH 68°33'30" WEST ALONG SAID
NORTH LINE A DISTANCE OF 100.03 FEET TO THE INTERSECTION OF SAID LINE
AND THE WESTERLY RIGHT OF WAY OF SAID FLORIDA EAST COAST RAILWAY
AND THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED; THENCE,
SOUTH 68033'30" WEST ALONG SAID NORTH LINE, A DISTANCE OF 239.77 FEET TO
THE INTERSECTION OF SAID LINE AND THE SOUTH LINE OF GOVERNMENT LOT 1;
THENCE, SOUTH 8805720" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 115.88
FEET TO THE SOUTHWEST CORNER THEREOF; THENCE, NORTH 00°33'40" WEST
ALONG THE WEST LINE OF GOVERNMENT LOT 1, A DISTANCE OF 550.65 FEET TO
THE SOUTHERLY CORNER OF SAID LOT 8259; THENCE, NORTH 21°12'05" WEST, A
DISTANCE OF 284.63 FEET TO THE NORTHWEST CORNER OF SAID LOT 8263;
THENCE, NORTH 68°46'07" EAST ALONG THE NORTH LINE OF LOT 8263, A
DISTANCE OF 107.23 FEET TO THE NORTHEAST CORNER THEREOF, SAID CORNER
LYING ON THE WEST LINE OF GOVERNMENT LOT 1; THENCE, NORTH 00033'40"
WEST ALONG SAID WEST LINE, A DISTANCE OF 65.15 FEET TO THE INTERSECTION
OF SAID LINE AND THE WESTERLY RIGHT OF WAY OF FLORIDA EAST COAST
RAILWAY; THENCE, SOUTH 22°44'40" EAST ALONG SAID WESTERLY RIGHT OF
WAY, A DISTANCE OF 900.21 FEET TO THE POINT OF BEGINNING AND CLOSE. SAID
PARCEL CONTAINING 176,452 SQ.FT. OR 4.05 ACRES, MORE OR LESS.
16
2024-0-22
INDIA PALM PLACE RPUD AGREEMENT
Instrument #2024130091 #21 Book:8578 Page:2076 Laura E. Roth, Volusia County Clerk of Court
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